2008-311
FILE REFERENCE FORM 2008-311
X Additional File Exists
Additional File Contains Records Not Public, According to the Public Records Act
Other
FILE(S) Date Initials
JR
Change Order One – Ordinance No. 2009-321 12/15/09
ORDINANCE NO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS
CONTRACT FOR THE CONSTRUCTION OF PEDESTRIAN PATH ON TEASLEY LANE/FM
2181; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN
EFFECTIVE DATE (BID 3966-TEASLEY LANE/FM 2181 PEDESTRIAN WAY AWARDED TO
LANDS CONSTRUCTION IN THE AMOUNT OF $226,988).
WHEREAS, the City has solicited, received and tabulated competitive bids for the
construction of public works or improvements in accordance with the procedures of State law and
City ordinances; and
WHEREAS, the City Manager or a designated employee has received and recommended that
the herein described bids are the lowest responsible bids for the construction of the public works or
improvements described in the bid invitation, bid proposals and plans and specifications therein;
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The following competitive bids for the construction of public works or
improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on
file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto,
are hereby accepted and approved as being the lowest responsible bids:
BID
NUMBER CONTRACTOR AMOUNT
3966 Lands Construction $226,988
SECTION 2. The acceptance and approval of the above competitive bids shall not constitute
a contract between the City and the person submitting the bid for construction of such public works
or improvements herein accepted and approved, until such person shall comply with all requirements
specified in the Notice to Bidders including the timely execution of a written contract and furnishing
of performance and payment bonds, and insurance certificate after notification of the award of the
bid.
SECTION 3. The City Manager is hereby authorized to execute all necessary written
contracts for the performance of the construction of the public works or improvements in accordance
with the bids accepted and approved herein, provided that such contracts are made in accordance
with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms,
conditions, plans and specifications, standards, quantities and specified sums contained therein.
SECTION 4. Upon acceptance and approval of the above competitive bids and the execution
of contracts for the public works and improvements as authorized herein, the City Council hereby
authorizes the expenditure of funds in the manner and in the amount as specified in such approved
bids and authorized contracts executed pursuant thereto.
SECTION 5. This ordinance shall become effective immediately upon its passage and
approval.
' L~
rASSED AND ArrROVED this the ~ day of ,2008.
MARK A. BURROUGHS, YOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: ~~
3-0R - 66
CONTRACT AGREEMENT
STATE OF TEXAS
§ COUNTY OF DENTON §
THIS AGREEMENT, made and entered into this 9 day of December A.D., 2008,
by and between City of Denton of the County of Denton and State of Texas, acting through
George C. Campbell thereunto duly authorized so to do, hereinafter termed
"OWNER," and
Lands Construction
9085 Teasley Lane
Denton, TX 76210
of the City of Denton, County of Denton and State of Texas ,hereinafter termed
"CONTRACTOR."
WITNESSETH: That for and in consideration of the payments and agreements hereinafter
mentioned, to be made and performed by OWNER, and under the conditions expressed in the bonds
attached hereto, CONTRACTOR hereby agrees with OWNER to commence and complete
performance of the work specified below:
Bid 3966-Teasley LanelFM 2181 Pedestrian W
in the amount of $226,988 and all extra work in connection therewith, under the terms as
stated in the General Conditions of the agreement; and at his (or their) own proper cost and expense
to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance,
and other accessories and services necessary to complete the «~ork specified above, in accordance
with the conditions and prices stated in the Proposal and the Performance and Payment Bonds,
attached hereto, and in accordance with all the General Conditions of the Agreement, the Special
Conditions, the Notice to Bidders (Advertisement for Bids), and Instructions to Bidders, as
referenced herein and on file in the office of the Purchasing Agent, and in accordance with all local,
state and federal laws; and plans, which includes all maps, plats, blueprints, and other drawings and
printed or written explanatory matter thereof, and the Specifications therefore, as prepared by:
City En ineering staff
all of which are referenced herein and made a part hereof and collectively evidence and constitute
the entire contract.
CA-1
Independent Status
It is mutually understood and agreed by and between City and Contractor that Contractor is
an independent contractor and shall not be deemed to be or considered an employee of the City of
Denton, Texas, for the purposes of income tax, withholding, social security taxes, vacation or sick
leave benefits, worker's compensation, or any other City employee benefit. City shall not have
supervision and control of Contractor or any employee of Contractor, and it is expressly understood
that Contractor shall perform the services hereunder according to the attached specifications at the
general direction of the City Manager of the City of Denton, Texas, or his designee under this
agreement.
Indemnification
Contractor covenants and agrees to and does hereby indemnify, hold harmless and defend, at
its own expense, Owner, its officers, servants and employees, from and against any and all claims or
suits for property loss or damage and/or personal injury, including death, to any and all persons, of
whatsoever kind or character, whether real or asserted, arising out of the Work and services to be
performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or
invitees, whether or not caused, in whole or in part, by the alleged negligence of the officers,
servants, employees, of the Owner. Contractor likewise covenants and agrees to, and does hereby,
indemnify and hold harmless Owner during the performance of any of the terms and conditions of
this Contract, whether arising out of in whole or in part, any and all alleged acts or omissions of
officers, servants, or employees of Owner. The provisions of this paragraph are solely for the
benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise,
to any other person or entity.
Choice of Marv and venue
1I11J d~rCCII1CIll JI1Q11 UC ~UVCl'11CU Uy L11C 1QW Ul U1C JlQlC Ul 1CXQJ Qllll VG11UG lUl ll5
construction and enforcement shall lie in the courts of Denton County, Texas.
The CONTRACTOR hereby agrees to commence work on or after the date established for
the start of work as set forth in written notice to commence work and complete all work within the
time stated in the Proposal, subject to such extensions of time as are provided by the General and
Special Conditions.
The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown
in the Proposal, which forms a part of this contract, such payments to be subject to the General and
Special Conditions of the Contract.
CA-2
Right to Audit
The OWNER shall have the right to audit and make copies of the books, records and computations
pertaining to this agreement. The CONTRACTOR shall retain such books, records, documents and
other evidence pertaining to this agreement during the contract period and five years thereafter,
except if an audit is in progress or audit findings are yet unresolved, in which case records shall be
kept until all audit tasks are completed and resolved. These books; records, documents and other
evidence shall be available; within 10 business days of written request. Further, the
CONTRACTOR shall also require all Subcontractors, material suppliers, and other payees to retain
all books, records, documents and other evidence pertaining to this agreement, and to allow the
OWNER similar access to those documents. All books and records will be made available within a
50 mile radius of the City of Denton. The cost of the audit will be borne by the OWNER unless the
audit reveals an overpayment of 1 % or greater. If an overpayment of 1 % or greater occurs, the
reasonable cost of the audit, including any travel costs, must be borne by the CONTRACTOR
which must be payable within five business days of receipt of an invoice.
Failure to comply with the provisions of this section shall be a material breach of this contract and
shall constitute, in the OWNER'S sole discretion, grounds for termination thereof. Each of the
terms "books", "records", "documents" and "other evidence", as used above, shall be construed to
include drafts and electronic files, even if such drafts or electronic files are subsequently used to
generate or prepare a final printed document.
CA-3
IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the
year and day first above written.
ATTEST: n
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Cit of Dento
OWN
BY:
(SEAL)
ATTEST:
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CONTRACTOR
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MAILING ADDRESS
APPROVED AS TO FORM:
CI ATTORNEY
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PHONE NUMBER
9~-3~~-~7GA
FAX NUMBER
BY: 1v~~ ~,~ ,,~/,
TITLE
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PRINTED NAME
(SEAL)
CA-4
PERFORMANCE BOND
STATE OF TEXAS §
COUNTY OF DENTON
KNOW ALL MEN BY THESE PRESENTS: That Lands Construction whose address
is 9085 Teasley Lane Denton TX 76210 ~ hereinafter called Principal, and
a corporation organized and existing under the
laws of the State of ,and fully authorized to transact business in the State of
Texas, as Surety, are held and firmly bound unto the City of Denton, a municipal corporation
organized and existing under the laws of the State of Texas, hereinafter called Owner, in the
penal sum of Two Hundred Twenty Six Thousand Nine Hundred Eighty Eight and 0/100
DOLLARS ($226,988) plus ten percent of the stated penal sum as an additional sum of money
representing additional court expenses, attorneys' fees, and liquidated damages arising out of or
connected with the below identified Contract, in lawful money of the United States; to be paid in
Denton County, Texas, for the payment of which sum well and truly to be made; we hereby bind
ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally,
firmly by these presents. This Bond shall automatically be increased by the amount of any
Change Order or Supplemental Agreement, which increases the Contract price, but in no event
shall a Change Order or Supplemental Agreement, which reduces the Contract price, decrease
the penal sum of this Bond.
THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal
entered into a certain Contract, identified by Ordinance Number 2008-311; with the City of
Denton, the Owner, dated the 9th day of December A.D. 2008, for Bid #3966 Teasley Lane/FM
2181 Pedestrian Way.
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill
all of the undertakings. covenants, terms, conditions and agreements of said Contract in
accordance with the Plans, Specifications and Contract Documents during the original term
thereof and any extension therenf which may he arantPti by ri,P tlwnPr, w;th nr withrnrt nntirP to
the Surety, and during the life of any guaranty or warranty required under this Contract, and shall
also well and truly perfoml and fulfill all the undertakings, covenants, terms; conditions and
agreements of any and all duly authorized modifications of said Contract that may hereafter be
made, notice of which modifications to the Surety being hereby waived; and; if the Principal
shall repair and/or replace all defects due to faulty materials and workmanship that appear within
a period of two (2) years from the date of final completion and final acceptance of the Work by
the Owner; and, if the Principal shall fully indemnify and save harmless the Owner from all costs
and damages which Owner may suffer by reason of failure to so perform herein and shall fully
reimburse and repay Owner all outlay and expense which the Owner may incur in making good
any default or deficiency, then this obligation shall be void; otherwise, it shall remain in full
force and effect.
PB - 1
PROVIDED FURTHER, that if any legal action be filed upon this Bond; exclusive venue
shall lie in Denton County, State of Texas.
AND PROVIDED FURTHER, that the said Surety. for value received, hereby stipulates
and agrees that no change, extension of time, alteration or addition to the terms of the Contract,
or to the Work to be performed thereunder, or to the Plans; Specifications, Drawings, etc.,
accompanying the same, shall in anywise affect its obligation on this Bond, and it does hereby
waive notice of any such change, extension of time, alteration or addition to the terms of the
Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings,
etc.
This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government
Code, as amended, and any other applicable statutes of the State of Texas.
The undersigned and designated agent is hereby designated by the Surety herein as the
Resident Agent in Denton County to whom any requisite notices may be delivered and on whom
service of process may be had in matters arising out of such suretyship, as provided by Article
7.19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas.
IN WITNESS WHEREOF, this instrument is executed in four copies, each one of which
shall be deemed an original, this the day of
ATTEST: PRINCIPAL
BY:
SECRETARY
ATTEST:
BY:
BY:
PRESIDENT
SURETY
BY:
ATTORNEY-IN-FACT
The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of
the process is:
NAME:
STREET ADDRESS:
(NOTE: Date of Performance Bond must be date of Contract. If Resident Agent is not a corporation,
give a person's name.)
PB-2
PAYMENT BOND
STATE OF TEXAS
COUNTY OF DENTON
KNOW ALL MEN BY THESE PRESENTS: That Lands Construction whose address
is 9085 Teasley Lane Denton, TX 76210 hereinafter called Principal, and
a corporation organized and existing under the laws
of the State of ,and fully authorized to transact
business in the State of Texas, as Surety, are held and finely bound unto the City of Denton, a
municipal corporation organized and existing under the laws of the State of Texas, hereinafter
called Owner, and unto all persons, fines, and corporations who may furnish materials for, or
perform labor upon, the building or improvements hereinafter referred to, in the penal sum of
Two Hundred Twenty Six Thousand Nine Hundred Eighty Eight and 0/100 DOLLARS
$226 988 in lawful money of the United States, to be paid in Denton, County, Texas, for the
payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors,
administrators, successors; and assigns, jointly and severally, firmly by these presents. This
Bond shall automatically be increased by the amount of any Change Order or Supplemental
Agreement which increases the Contract price, but in no event shall a Change Order or
Supplemental Agreement which reduces the Contract price decrease the penal sum of this Bond.
THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal
entered into a certain Contract, identified by Ordinance Number 2008-311, with the City of
Denton, the Owner, dated the 9th day of December A.D. 2008, for Bid #3966 Teasley
Lane/FM 2181 Pedestrian Way.
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties
and make prompt payment to all persons, firms, subcontractors, corporations and claimants
supplying labor and/or material in the prosecution of the Work provided for in said Contract and
any and all duly authorized modifications of said Contract that may hereafter be made, notice of
which mnr~itiratinnc YQ YhP ~11rP.rV hP.1nQ hP_.rPj'1V P1'ilrPCCt~I u~atvaii than thic nh~irtatinn cha~l },a
void; otherwise it shall remain in full force and effect.
PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive venue
shall lie in Denton County, Texas.
AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates
and agrees that no change, extension of time, alteration or addition to the terms of the Contract,
or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc.,
accompanying the same, shall in anywise affect its obligation on this Bond, and it does hereby
waive notice of any such change, extension of time, alteration or addition to the terms of the
Contract, or to the Work to be performed thereu~ider, or to the Plans, Specifications, Drawings,
etc.
PB-3
. This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government
Code, as amended, and any other applicable statutes of the State of Texas.
The undersigned and designated agent is hereby designated by the Surety herein as the
Resident Agent in Denton County to whom any requisite notices may be delivered and on whom
service of process may be had in matters arising out of such surety, as provided by Article 7.19-1
of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas.
IN WITNESS WHEREOF, this instrument is executed in four copies, each one of which
shall be deemed an original, this the day of ,
ATTEST:
BY:
SECRETARY
ATTEST:
BY:
PRINCIPAL
BY:
PRESIDENT
SURETY
BY:
ATTORNEY-IN-FACT
The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of
the process is:
NAME:
STREET ADDRESS:
(NOTE: Date of Payment Bond must be date of Contract. If Resident Agent is not a
corporation, give a person's name.)
PB-4
CITY OF DENTON
INSURANCE REQUIREMENTS FOR CONTRACTORS
Bidder's attention is directed to the insurance requirements below. It is ltigltly recommended
that bidders confer with their respective insurance carriers or brokers to determine in advance
of Bid submission the availabi/ity of insurance certificates and endorsements as prescribed
and provided herein. If an apparent low bidder fails to comply strictly with the insurance
requirements, that bidder may be disqualified from award of the contract. Upon bid award, all
insurance requirements shall become contractual obligations, wlticlt tl:e successful bidder
shall have a duty to maintain t{:rougltout the course of this contract.
STANDARD PROVISIONS:
Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall
provide and maintain until the contracted work has been completed and accepted by the City of
Denton, Owner, the minimum inszrance coverage as indicated hereinafter.
As soon as practicable after notification of bid mvard, Contractor shall file with the Purchasing
Department satisfactory certificates of insurance. containing the bid number and title of the
project. Contractor may, upon written request to the Purchasing Department, ask for
clarifrcation of any insurance requirements at any time; however, Contractors ar•e strongly
advised to make such requests prior to bid opening, since the insurance requirements may not be
modified or waived after bid opening unless a written exception has been submitted with the bid.
Contractor shall not commence any work or deliver any material until lre or she receives
notification that the contract has been accepted, approved, and signed by the City of Denton.
All insurance policies proposed or obtained in satisfaction of these requirements shall comply
with the following general specifications, and shat! be maintained in compliance with these
general specifications throughout the duration of the Contract, or longer, if so noted:
• Each policy shall be issued by a company authorized to do business in the State of
Texas with an A.M. Best Company rating of at least A.
• Any deductibles or self-insured retentions shall be declared in the bid proposal. If
requested by the City, the insurer shall reduce or eliminate such deductibles or
self-insured retentions with respect to the City, its officials, agents, employees and
volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and
related investigations, claim administration and defense expenses.
• Liability policies shall be endorsed to provide the following:
• Name as additional insured the City of Denton, its Officials, Agents,
Employees and volunteers.
CI-9
• That such insurance is primary to any other insurance available to the
additional insured with respect to claims covered under the policy and that this
insurance applies separately to each insured against whom claim is made or
suit is brought. The inclusion of more than one insured shall not operate to
increase the insurer's limit of liability.
• Cancellation: The City requires 30 clay written notice should any of the
policies described on the certificate be cancelled or materially changed
before the expiration date.
• Should any of the required insurance be provided under aclaims-made form,
Contractor shall maintain such coverage continuously throughout the term of
this contract and, without lapse, for a period of three years beyond the contract
expiration, such that occurrences arising during the contract term which give
rise to claims made after expiration of the contract shall be covered.
• Should any of the required insurance be provided under a form of coverage that
includes a general am~ual aggregate limit providing for claims investigation or
legal defense costs to be included in the general annual aggregate limit, the
Contractor shall either double the occurrence limits or obtain Owners and
Contractors Protective Liability Insurance.
• Should any required insurance lapse during the contract term, requests for
payments originating after such lapse shall not be processed until the City
receives satisfactory evidence of reinstated coverage as required by this contract,
effective as of the lapse date. If insurance is not reinstated; City may, at its sole
option, terminate this agreement effective on the date of the lapse.
CI - 10
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS:
All insurance policies proposed or obtained in satisfaction of this Contract shall additionally
comply with the following marked specifications, and shall be maintained in compliance with
these additional specifications throughout the duration of the Contract, or longer, if so noted:
[X ] A. General Liability Insurance:
General Liability insurance with combined single limits of not less than
$1,000,00O.OOsha11 be provided and maintained by the Contractor. The policy shall be
written on an occurrence basis either in a single policy or in a combination of
underlying and umbrella or excess policies.
If the Commercial General Liability form (ISO Foim CG 0001 current edition) is used:
• Coverage A shall include premises, operations, products, and completed
operations, independent contractors; contractual liability covering this contract
and broad form property damage coverage.
• Coverage B shall include personal injury.
• Coverage C, medical payments, is riot required.
If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and
ISO Form GL 0404) is used, it shall include at least:
• Bodily injury and Property Damage Liability for premises, operations, products
and completed operations, independent contractors and property damage
resulting from explosion, collapse or underground (XCU) exposures.
• Broad form contractual liability (preferably by endorsement) covering this
contract, personal injury liability and broad form property damage liability.
[X] Automobile Liability Insurance:
Contractor shall provide Commercial Automobile Liability insurance with Combined Single
Limits (CSL) of not less than $500,000.00 either in a single policy or in a combination of
basic and umbrella or excess policies. 7'he policy will .include bodily injury and property
damage liability arising out of the operation, maintenance and use of all automobiles and
mobile equipment used in conjunction with this contract.
Satisfaction of the above requirement shall be in the form of a policy endorsement for:
• any auto, or
• all owned, hired and non-owned autos
CI - 1 1
[X] Workers Compensation Insurance
Contractor shall purchase and maintain Worker's Compensation insurance which, in addition
to meeting the minimum statutory requirements for issuance of such insurance, has
Employer's Liability limits of at least $100,000 for each accident, $100,000 per each
employee, and a $500,000 policy limit for occupational disease. The City need not be
named as an "Additional Insured" but the insurer shall agree to waive all rights of
subrogation against the City, its officials, agents, employees and volunteers for any work
performed for the City by the Named Insured. For building or construction projects, the
Contractor shall comply with the provisions of Attachment 1 in accordance with §406.096
of the Texas Labor Code and rule 28TAC 1 10.110 of the Texas Worker's Compensation
Commission (TWCC).
[ ] Owner's and Contractor's Protective Liability Insurance
The Contractor shall obtain, pay for and maintain at all times during the prosecution of the
work under this contract, an Owner's and Contractor's Protective Liability insurance policy
naming the City as insured for property damage and bodily injury which may arise in the
prosecution of the work or Contractor's operations under this contract. Coverage shall be on
an "occurrence" basis, and the policy shall be issued by the same insurance company that
carries the Contractor's liability insurance. Policy limits will be at least combined bodily
injury and property damage per occurrence with a aggregate.
[ ] Fire Damage Legal Liability Insurance
Coverage is required if Broad form General Liability is not provided or is unavailable to the
contractor or if a contractor Ieases or rents a portion of a City building. Limits of not less
than each occurrence are required.
[ ] Professional Liability Insurance
Professional liability insurance with limits not less than per claim with
respect to negligent acts, errors or omissions in connection with professional services is
required under this Agreement.
[ ] Builders' Risk Insurance
Builders' Risk Insurance, on an All-Risk form for 100% of the completed value shall be
provided. Such policy shall include as "Named Insured" the City of Denton and all
subcontractors as their interests may appear.
CI - 12
[ ] Commercial Crime
Provides coverage for the theft or disappearance of cash or checks, robbery inside/outside
the premises, burglary of the premises, and employee fidelity. The employee fidelity
portion of this coverage should be written on a "blanket" basis to cover all employees,
including new hires. This type insurance should be required if the contractor has access to
City funds. Limits of not less than each occurrence are required.
[ ] Additional Insurance
~P.
Other insurance may be required on an individual basis for extra hazardous contracts and
specific service agreements. If such additional insurance is required for a specific contract,
that requirement will be described in the "Specific Conditions" of the contract specifications.
CI - 13
ATTACHMENT 1
[X] Worker's Compensation Coverage for Building or Construction Projects for
Governmental Entities
A. Definitions:
Certificate of coverage ("certificate")-A copy of a certificate of insurance, a certificate
of authority to self-insure issued by the commission, or a coverage agreement (TWCC-
81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation
insurance coverage for the person's or entity's employees providing services on a
project, for the duration of the project.
Duration of the project -includes the time from the beginning of the work on the project
until the contractor's/person's work on the project has been completed and accepted by
the governmental entity.
Persons providing services on the project ("subcontractor" in §406.096) -includes all
persons or entities performing all or part of the services the contractor has undertaken to
perform on the project, regardless of whether that person contracted directly with the
contractor and regardless of whether that person has employees. This includes, without
limitation, independent contractors, subcontractors, leasing companies, motor carriers,
owner-operators, employees of any such entity, or employees of any entity which
furnishes persons to provide services on the project. "Services" include, without
limitation, providing, hauling, or delivering equipment or materials, or providing labor,
transportation; or other service related to a project. "Services'' does not include
activities unrelated to the project, such as food beverage vendors; office supply
deliveries, and delivery of portable toilets.
B. The contractor shall provide coverage, based on proper reporting of classification codes
and payroll amounts and filing of any overage agreements, which meets the statutory
requirements of Texas Labor Code, Section 401.011(44) for all employees of the
Contractor providing services on the project, for the duration of the project.
C. The Contractor must provide a certificate of coverage to the governmental entity prior to
being awarded the contract.
D. If the coverage period shown on the contractor's current certificate of coverage ends
during the duration of the project, the contractor must, prior to the end of the coverage
period, file a new certificate of coverage with the governmental entity showing that
coverage has been extended.
E. The contractor shall obtain from each person providing services on a project, and
provide to the governmental entity:
CI - 14
I) a certificate of coverage, prior to that person beginning work on the project, so the
governmental entity will have on file certificates of coverage showing coverage for
all persons providing services on the project; and
2) no later than seven days after receipt by the contractor, a new certificate of coverage
showing extension of coverage, if the coverage period shown on the current
certificate of coverage ends during the duration of the project.
F. The contractor shall retain all required certificates of coverage for the duration of the
project and for one year thereafter.
G. The contractor shall notify the governmental entity in writing by certified mail or
personal delivery, within 10 days after the contractor knew or should have known, of
any change that materially affects the provision of coverage of any person providing
services on the project.
H. The contractor shall post on each project site a notice, in the text; form and manner
prescribed by the Texas Workers' Compensation Commission, informing all persons
providing services on the project that they are required to be covered, and stating how a
person may verify coverage and report lack of coverage.
I. The contractor shall contractually require each person with whom it contracts to provide
services on a project, to:
1) provide coverage, based on proper reporting of classification codes and payroll
amounts and filing of any coverage agreements, which meets the statutory
requirements of Texas Labor Code, Section 401.01 I (44) for all of its employees
providing services on the project, for the duration of the project;
2) provide to the contractor; prior to that person beginning work on the project, a
certificate of coverage showing that coverage is being provided for all employees of
the person providing services on the project, for the duration of the project;
3) provide the contractor, prior to the end of the coverage period, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the current
certificate of coverage ends during the duration of the project;
4) obtain from each other person with whom it contracts, and provide to the contractor:
a) certificate of coverage, prior to the other person beginning work on the project;
and
b) anew certificate of coverage showing extension of coverage, prior to the end of
the coverage period, if the coverage period shown on the current certificate of
coverage ends during the duration of the project;
CI - 15
5) retain all required certificates of coverage on file for the duration of the project and
for one year thereafter;
6) notify the governmental entity in writing by certified mail or personal delivery,
within 10 days after the person knew or should have known, of any change that
materially affects the provision of coverage of any person providing services on the
project; and
7) contractually require each person with whom it contracts, to perform as required by
paragraphs (1) - (7), with the certificates of coverage to be provided to the person for
whom they are providing services.
J. By signing this contract or providing or causing to be provided a certificate of coverage,
the contractor is representing to the governmental entity that all employees of the
contractor who will provide services on the project will be covered by workers'
compensation coverage for the duration of the project, that the coverage will be based on
proper reporting of classification codes and payroll amounts, and that all coverage
agreements will be filed with the appropriate insurance carrier or, in the case of a self-
insured, with the commission's Division of Self-Insurance Regulation. Providing false
or misleading information may subject the contractor to administrative penalties,
criminal penalties, civil penalties, or other civil actions. •
K. The contractor's failure to comply with any of these provisions is a breach of contract by
the contractor which entitles the governmental entity to declare the contract void if the
contractor does not remedy the breach within ten days after receipt of notice of breach
from the governmental entity.
CI - 16
ONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ
For vendor or other erson doin business with local overnmental entit
This questionnaire reflects changes made to the law by H.B. 1491, 80th Leg., Regular Session.
OFFICE USE ONLY
This questionnaire is being filed in accordance with chapter 176 of the Local Government Code by a Date Received
person doing business with the governmental entity.
By law this questionnaire must be filed with the records administrator of the local government not
later than the 7th business day after the date the person becomes aware of facts that require the
statement to be filed. See Section 176.006, Local Government Code.
A person commits an offense if the person violates Section 176.006, Local Government Code. An
offense under this section is a Class C misdemeanor.
1 Name of person who has a business relationship with local governmental entity.
2
Check this box if you are filing an update to a previously filed questionnaire.
(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7'~ business
day after the date the originally filed questionnaire becomes incomplete or inaccurate.)
3
Name of local government officer with whom filer has an employment or business relationship.
Name of Officer
This section, (item 3 including subparts A, B, C & D), must be completed for each officer with whom the filer has an employment or other business
relationship as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary.
A. Is the local government officer named in this section receiving or likely to receive taxable income
other than investment income
from the
,
,
C.In...t at,.... ..~:........i...7
....,..,....., y :.............:......
Yes 0 No
B. Is the filer of the questionnaire receiving or likely to receive taxable income
other than investment income
from or at the direction of the
,
,
local government officer named in this section AND the taxable income is not received from the local governmental entity?
0 Yes ~ No
C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer
serves as an officer or director, or holds an ownership of 10 percent or more?
0 Yes 0 No
D. Describe each affiliation or business relationship.
4
Signature of person doing business with the governmental entity Date
CIQ - I
Adopted 06/292007
1
1
1
BID No. 3966
PROPOSAL
TO
THE CTTY OF DENTON, TEXAS
FOR THE CONSTRUCTION OF
TEASLEY LANE/FM 2181 PEDESTRIAN WAY
IN
3
A
1
1
1
1
1
1
1
DENTON,TEXAS
The undersigned, as. bidder, declares that the only person or parties interested in this
proposal as principals are those named herein, that this proposal is made without collusion
with any other person, firm, or corporation; that he has carefiilly examined the form of
contract, Notice to Bidders; specifications and the plans therein referred to; and has carefully
examined the locations, conditions, and classes of materials of the proposed work and agrees
that he will provide all the necessary labor, machinery, tools, apparatus, and other items
incidental to construction, and will do all the work and famish all the materials called for in
the contract and specifications 'in the manner prescribed herein and according to the
requirements of the City as therein set forth.
Tt .c nn~nr<•4~.~.rl +1...+ 41. c. ~ 11 .....:«,. ,.._„-.a.a.,.,. ..l ___.. _l_ a_ L_. ~___ _a ____]. ___.: _ _ _ _
-- -~ ~--~~-~-... uav avaav..aus Yuwauul.o vl wv111 w llG uVllG al Wilt ~J11l:GJ 211G
approximate only, and are intended principally to serve as a guide in evaluating bids.
It is agreed that the quantities of work to be done at unit prices and material to be furnished
may be increased or diminished as may be considered necessary, in the opinion of the City,
to complete the work fully as planned and contemplated, and that all quantities of work
whether increased or decreased are to be performed at the unit prices set forth below except
as provided for in the specifications. The contractor shall provide the numeric unit price and
the unit price in words for each quantity. Unit price in words governs over the numeric
price given.
It is further agreed that lump sum prices may be increased to cover additional work ordered
by the City, but not shown on the plans or required by the specifications, in accordance with
the provisions to the General Conditions. Similarly, they may be decreased to cover
deletion~of work so ordered.
It is understood and agreed that the work is to be completed in full within the number of
workdays shown on the bid tabulation sheet.
P-1
~i
r
Accompanying this proposal is a certified or cashier's check or Bid Bond, payable to the
Owner, in the amount of five percent of the total bid.
It is understood that the bid security accompanying this proposal shall be returned to the
bidder, unless in case of the acceptance of the proposal, the bidder shall fail to execute a
contract and file a performance bond and a payment bond within fifteen days after its `
acceptance, in which case the bid security shall become the property of the Owner, and shall
be considered as a payment for damages due to delay and other inconveniences suffered by
the Owner on account of such failure of the bidder. Owner reserves the right to reject any
and all bids. Owner may investigate the prior performance of bidder on other contracts,
either public or private, in evaluating bid proposals. Should bidder alter, change, or qualify
any specification.ofthe bid, Owner may automatically disqualify bidder.
The undersigned hereby proposes and agrees to perform all work of whatever nature
required, in strict accordance with the plans and specifications, for the following sum or
prices, to wit:
P-2
Work Days 60
Bid No. 3966 -Teasley Lane/FM 2161 Pedestrian Way ~ Bid No. 3966
P.O. No.
BID TABULATION SHEET
Item Spec Description Quantity Unit Unit Price Total
1 NClCOr'
103.1 C
otttraCors Warranties erW Untl
1
1S S Kl
~~ % [S O
Q~
Urtit Price In Words
2
1o7.2D.
ea S'
2 FA p
: o•~/ EA dD
S $d
Urrit Price In Words
3 NCfCOG / ~v1 /
zol T .Erosion Control, Sedonentation and Water Postfion Prevention I LS S, t0 t~~. f vj
UNt Price N Wads ,~' ~/
'~
4 zoz.6.~.~ S~- 100 SY S ~ ~~ SY
ratrbc Astddf S 0
Und Price In Words
5 N
zozs
~
~ 9556
SY `~
S~ • / SY
UNt Price N Wortls
6- A
2013
Removal or Trees and Bushes I
I.S ~0
f O~TLS //
S J S 0
i
Urtit Price In Wads
6 - B
203J
General Site Pr tion - ~O
1 1.S S ~ 7'LS S
Unit Rica In Wads
7 - A
im.~
Concrete Curb 8 Gutter Excavation
20 a~
IF f • ELF S / ' OV
UNt Price to Words
7 - B 203.{ Urtdasslfiad Excavation -Other 1200 CU f ~ ~~ / CU S' ~0
UnU Rice to Wards
8 N
zm.7
EmbaNonertt Com Fib ~
50
CY D~~
S / ~ / CY of
f 0
Unit Rice trr Words
9 Sots Flex Base Pedestrian Pa 2600 Tons S ~ ;~/ T~ 0
Una Price In Words ~
10 - A
305.2
4' Fiber ReiNorced Concrete S 1 K awaa ~oct ar.a+ee a 770 SY e
S ~ / SY S
Und Rice N Words
10 - B N
3os.z
6 Steel Reirdorrad Corxrete Sltlewa0c war 4-&nUr rstrshed raa
20
SY 00
S ,'---1 SY
S V 0
uNt I'rics to wads
10 - C N oG
3os'~
4' Carurete Sidewalk - TOOT R T 7 2
EA o s
S . ~T~F.1 d~
S
- -- - - - d' - - - rM
1 I sots Ferue ~ 200 L.F S ' ~ ! I.F
UNt Price m words
12
8m.2 Gabion SOUC~uas - 3fbQtt ~ 15 LF E D -/ IF ~~w
UNt Price N Words
13 T , 20W
Ir®a32
10
CY ~~~o
S Cl.~TCY yCl
S U
Urdt Prim In Words
14 CfC
«
Reirdorced Concrete Pi fa Sturm Wffiet-Class UI, 18 irrll
2
1.F o0
S `-71F
f .0
UNt Rice In Wards '
I s It® ~~ Corlcreta sat ErWS to ~ a0xlt RCP 12b iJ: f D , j Ti,F s~ . o
UNt Price to Wartls
16 T . zoos
tt®S0o °'
tNodT¢ation I LS S ~ ~TIS I So o'°
S
Urdt Rice In Wards -
17 T ,2004
tr® sot
Barricades, Detours, erx5 W S 1 LS
f (>DT1S
ClC~
unit Rice In words
I8
Tlr®616 ~n
SmaBRoadsitleSi ,Atundnan 22 EA S ~r/V~FA
~~
Ufut Rice N Words
19 7 . 2D04
t~ 644
Small Roadside S and Assemblies 22 FA w
S 1.ZD~Tiw
f 0
Unit Price In Words O'H~
TOTAL BID FOR ALL REARS S ~ O~ O~, ~~'9 S ~, w
2
~ i ~g~~
i'X~ " .
~~33D.~-
PJ
P'~
r~
~•
r~
BID SLJlv1MARY
TOTAL BASE BID PRICE IN WORDS , ,~ _ ,~ _~
In the event of the awazd of a contract to the undersigned, the undersigned will furnish a
performance bond and a payment bond for the full amount of the contract, to secure proper
compliance with the terms and provisions of the contract, to insure and guarantee the work
until final completion and acceptance, and to guarantee payment for all lawful claims for
labor performed and materials furnished in the fulfillment of the contract.
It is understood that the work proposed to be done shall be accepted, when fully completed
and finished in accordance with the plans and specifications, to the satisfaction of the
Engineer.
The undersigned certifies that the bid prices contained in this proposal have been carefully
checked and are submitted as correct and final.
Unit and lump sum prices asshown-for each item listed in this proposal, shall control over
extensions.
The '.:»dersign~d agrees this bid becomes the Nroperty of fire Ciiy of Leiituil ai~er the
official opening.
The undersigned affirms that they are duly authorized to execute this contract.
Vendor hereby assigns to purchaser any and all claims for overchazges associated with
this contract which arise under the antitrust laws of the United States, 15 USCA Section 1
et seQ., and which arise under the antitrust laws of the State of Texas, Tex. Bus. & Com.
Code, Section 15.01, et se4.
P-4
Receipt is hereby acknowledged_ofthe following addenda to the plans and specifications:
Addendum No. 1 dated Received
Addendum No. 2 dated ~ Received
Addendum No. 3 dated Received
Addendum No. 4 dated Received
Addendum No. 5 dated ~ Received
~anr~ ~ ~~ns~[..~7F~Qn.
CONTRACTOR
BY
~~y ~~~~-
~S L ti
Street Ad ess
_~.,- ,~ , -scar ~
ity and State
Seal & Authorization
~c_ n. n .. s ~1
l'1 n wr}~vi aiiun j K 7~ '~ r~ " oL /`7 -> X / 1
Telephone
P-5
r
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VENDOR COMPLIANCE TO STATE LAW
The 1985 Session of the Texas Legislature passed House Bill 620 relative to the award of
contracts to non-resident bidders. This law provides that, in order to be,awarded a contract
as low bidder, non-resident bidders (out-of--state contractors whose corporate offices or ..
principal place of business are outside of the State of Texas) bid projects for construction,
improvements, supplies or services in Texas at an amount lower than the lowest Texas
resident bidder by the same amount that a Texas resident bidder would be required to
underbid anon-resident bidder in order to obtain a comparable contract in the state in which
the non-resident's principal place of business is located. The appropriate blanks in Section
A below must be filled out by all out-of--state ornon-resident bidders in order for your bid to
meet specifications. ~ The failure of out-of--state or non-resident contractors to do so will
automatically disqualify that bidder. Resident bidders must check the blank in Section B.
A. Non-resident bidders in (give state), our principal place of
business, are required to be percent lower than resident
bidders by state law. A copy of the statute is attached.
b Non-resident bidders in (give state), our principal place of
~ ~ business, are not required to underbid resident bidders.
~ B. Our principal place of business or corporate offices are in the State of Texas:
N .
® BIDDER:
^
P
r
r
r
d
s
1
1
1
1
COMPANY
BY
~~ ,~,
D Te~S L,~
Street A ess
~I~..~~ TX 7~a~o
City and State
THIS FORM MUST BE RETURNED WITH YOUR BID.
P-6
PAY17ErT ~301~'I)
STATE OF TEXAS
GOU\~ l'Y OF DENTC~N
Bond #766727P
K\'OW ALL MEN BY THESE PRESENTS: That bands Construction /whose address
is 9085 Teasley Lane Denton TX 76210 .hereinafter called Principal, and
Develo ers Suret and */ , a corporation organized and existing under the laws
of the State of Iowa and fully authorized to transact
business in the Slate of Texas, as Surety, are held and firmly bound unto the City of Denton, a
municipal corporation organized and existing under the laws of the State of Texas, hereinafter
called Owner, and unto all persons, fums, and corporations who may furnish materials for, or
perform labor upon, the building or improvements hereinafter referred to, in the penal sum of
Two Hundre Twenty Six Thousand ;`line Plundred Eighty Eight and 0(100 DOLLARS ~/
226 988 m lawful money of the United States, to be paid in Denton, County, Texas, for the
payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors,
administrators, successors, and assigts, jointly arzd severally, firnily by these presents. Tllis
Bond shall automatically be increased by the amount of any Change Order or Supplemental
Agreement which increases the Contract price, but in no event shall a Change Order yr
Supplemental Agreement which reduces the Contract~price decrease the penal sum of this Bond.
THE OBLIGATYON TO PAY SAME is conditioned as follows: Whereas, the Principal
entered into a certain Contract, identified by Ordinance Number 2008-311, with the City of
Denton, the Owner, dated the 9th day of December A.D. 200S~r_ Bid #3966 Teasley
Lane(FIy12181 Pedestrian Wa~
NOW, THEREFORE, if the Principal shall well, truly alxd faithfully perform its duties
and make prompt payment to all persons, firms, subcontractors; corporations and clairziants
supplying labor and/or material in the prosecution of the Work provided for in said Contract and
any and all duly authorized modifications of said Contract that may hereafter be made, notice of
Which tnAritfic-attpnc to the C»rPty hPino hPrP}iv P~nrc~ecly waiv~r~ than th;e nhli~tsatinn ~l~~il }.~
void; otherwise it shall remain in full force and effect.
PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive venue
shall lie izx Denton County, Texas.
AIv-D PROVIDED FURTk3ER, that the said Surety, for value received, hereby stipulates
and agrees that no change, extension of time, alteration or addition to the terms of the Contract,
or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc.,
accompanying the same, shall in anywise affect its obligation on this Bond, and it does hereby
waive notice of any such change, extension of time, alteration or addition tv the terms of the
Contract, or to the tiVork to be performed therewrder, or to the Plans, Specifications, Drawings,
etc.
* Indemnity Company
1?B-3
Bond #766727P
This Band is given pursuant to the provisions of Chapter 2253 of the Texas Governrz~ent
Code, as arrxended, and any other applicable statutes of the State of Texas.
The undersigned 'and designated agent is hereby designated by the Surety herein as the
Resident Agent in Denton Counr,+ to whom any requisite notices may be delivered and on whom
service of process maybe had in matters arising out of such surety, as provided by Article 7.19-1
of the Insurance Code. Vernon's Annotated Civil Statutes of the State of Texas.
N WITNESS ~'JI-Ii/REOF, this instrument is executed in four copies each one of which
shalt be deemed an original, dais the 9th day of _ December 2 0 0 8 .~~
ATTEST:
BY: • ~G..V .~-~--
SECRET Y
PRNCIPAL .
Lands o ru tion
TRY: t
~RES~~ t
ATTEST:
)3Y: --_
SURETY
Developers Surety and
Indemnity ompany -
B Y"
ATT4 -FACT =_ - -
Larry T Sm'th ~ _
The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of
the process is:
NAME: Tom West
STREET ADDRESS: 105 Decker Court Ste. 670 Irving, Tx 75062
{NOTE: Date of Payment Bond must be date of Contract. I,f Resident Agent is not a
corporation, give a peisQn's name.)
PB-~
V;~
~tiv~
Bond #766727P
PERF0~2.h!1:ANCE BOND
STATE OF TEh'.A,S
COUNTY OF Dl/NTON
KNOW ALL 1VIE~1 BY THESE PRESENTS: That Lands Construction/whose address
is 9085 Teasie Lane 17enton TX 76210 hereinafter called Principal, and
Develo ers Suret and ~ , a corporation organized and existing under the
laws of the State of Iowa , ar~d fully authorized to transact business in the State of
Texas; as Surety, are held and firmly bound unto the City of Denton, a municipal corporation
organized and existing under the laws of'the State of Texas, hereinafter called Owner, in the
penal sum of Two Hundred Twenty Six 'Thousand Nine Hundred Eighty Eigbt and 0/100
DOLLARS 226 988 plus ten percent of the stated penal surn as an additional sum of money
representing additional court expenses, attorneys' fees, and liquidated damages arising out of or
conaeeted with the below identified Contract, in lave) money of the United States, to be paid in
Denton County, Texas, for the payment of vti~hich sum well and truly to be made, we hereby bind
ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally,
firmly by these presents. This Bond shall. automatically be increased by the. amount of any
Change Order or Supplemental Agreerrtent, which increases the Contract price, but in no event
shall a Change Order or Supplemental Agreement, which reduces the Contract price, decrease
the penal sum of this Bond.
Tl-lE OBLIGATIOi\i TO PAY SAME is conditioned as follows: Whereas, the Principal
entered into a certain Contract, identified by Ordinance Number 20Q8-311, with the City of
Denton, the Owner, dated the 9th day of December A.D. 2008,~Bid #3966 Teasley LanelFM
2181 Pedestrian Way/
NOW, THEREFORE, if the principal shall well, truly and faithfully perform and fulfill
all of the undertakings, covenants, terms, conditions and agreements of said Contract in
accordance with the Plans, Specifications and Contract Documents during the original term
thereof and any extension thereof which may he granted by rhP ClwnPr w;r}, nr witl~rn~t nntirP to
the Surety, and during the life of an ~ ~ ~ ---- -- --- - - - --
yguaranty or warranty required under this Contract, and shall
also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and
agreements of any and all duly authorized modifications of said Contract that may hereafter be
made, notice of which modifications to the Surety being hereby waived; and, if the Principal
shall repair and/or replace all defects due to faulty materials and workmanship that appear within
a period of two {2) years ;From the date of final completion and final acceptance of the Work by
the Owner; and, if the Principal shall fully indemnify and save harmless the Owner from all costs
and damages which Owner xnay suffer by reason of failwe to so perform herein and shall fully
reimburse amd repay Owner all outlay and expense which the Owner may incur in making good
any default or deficiency, then this obligation shall be void; otherwise, it shall remain in full
force and effect.
*Indemnity Company
PB - 1
Bond #766727P
PROVIDED FURTHEP`, that if any legal action be tiled upon this Bond, exclusive venue
sha3l lie in Denton County, State of Texas.
AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates
and agrees that no change, extension of time, alteration or addition to the terms of the Contract,
or to the Work to ~ be performed thereunder, or to the Plans, Specifications, Drawings, etc.,
accompanying the sarn.e, shall in anywise affect its obligation on this Bond, and it does hereby
waive notice of any such change, extension of time; alteration or addition to the teens of the
Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings,
etc.
This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Crovernment
Code, as amended, and any other applicable statutes of the State of Texas.
The undersigned and designated agent is hereby designated by the Surety herein as the
Resident Agent in Denton County to i~vhom ariy requisite notices may be delivered and on whom
service of process may be bad in matters arising out of such suretyship, as provided by Article
7. I9-1 of the Insurance Code, Vernon's Annotated Civil StatutES of the State of Texas.
ZN WITNESS WHEREOF, this instrument is executed in four topic ,each one of which
shall be deemed an original, this the 9th day of ~Decembe~ 2008
,ATTEST:
PRINCIPAL
Lands C ns~t~ruc
SECRETA. By; G
ATTEST:
SURETY /
~. Developers Suret and Indemnity
The Resident Agent of the Surety ira Denton County, Texas for delivery of notice and ser~rice of
the process is:
BY: - _ -G-~~ Compan• ~~~~
BY: ' <
ATTORI\EY -FACT -
Larry m Smit - - -
NAME: Tom West
STREET ADDRESS: 105 Decker Court Ste 670 Irving, Tx 75062
(R'4TE_ Date of Perforrnarrce Bond rrrus! be date of Contract. Tf Reside-nt Agent rs »oi c corporation,
give a person's narne.j
PB-2
~~
~~ ~~
Bond # 766727P
POWER OFATTORNEY FOR
DEVELOPERS SURETI' AND It\'DEM,\`ITY COMPANY
PO BOX 19725, IRVINE, CA 9362_ (949) 26;_3300
u•~ax•.I nscoDico.com
KNOW ALL MEN BY THESE PRESENTS; that except as expressly limi«xi. DEVr_LOPERS SLRETI' AND INDEMN1Tl' COMPAN~eS huR;by make, constitute
and appoint:
***Larry T. Smith,t~tly or severally***
as its true and lawful Attorney(s)-in-Fact. to make, execute, deliver and acknowledge, for and on behalf of said corporation as surety, bonds, undertakings and contracts
of suretyship giving and granting unto said Attorney(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in
connection therewith as the corporation could do, but reserving to the corporation full power of substitution and revocation, and all of the acts of said Attome s -m-
Fact, pursuant to these presents, are hereby ratified and confirmed.
Y( )
This Power ofAttomey is granted and is signed by facsimile under and by authority of the following resolution adopted by the Board of Directors of DEVELOPERS
SURETYAND INDEMNITY COh1PAN'Y effective as of November 1.2000:
RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute
Powers'ofAttomey, qualifying the:~ttomey(s)-in-Fact named in the Powers ofAttomey to execute, on brhalfofthe corporation, bonds, undertakings and contracts of
suretyship; and tftat the Secretary or any Assistant Secretary of the corporation be, and each of them hereby is, authorized to attest the execution of any such Power of
Attorney;
RESOLVED, FURTHER, [hat the signatures of such officers may be affixed to any such Power ofAttomey or to any certificate relating thereto by facsimile,
and any such Power ofAttomey or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future kith
respect to any bond, undertaking or contract of suretyship to which it is attached.
IN WITNESS WHEREOF, DEVELOPERS SURETYAND INDEMN[TY COMPANY has caused these presents to be signed by its respective Executive Vice President
and attested by its Secretary this I st da}' of December, 2005.
.Da '-`~' vim---- J~:'~tLP 0!~> ~••.O~;s,,
td H. Rhodes. Executive Vice-President ' `' ~ ~oC 4l ~'~Z`.
F :~
Ez:~ OCT. °,~
'_d' 10 ~
5°':: 1936 3,
By. ..
' 7~0: /OWP .~.aD.
Walter A. Crowell. Secretary * _,*, •`
S1:4TE OF CALIFORNIA
COUNTY OF URANGE
On December 1, 200$ before me; Gina L. Gamer. Notary Public (here insert name and title of the officer), personally appeared David H. Rhodes and Walter
r\. Crowell, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument
and acknowledged to me that he/shelthey executed the same in his/her/their authorized capaciry(ies), and that by hivhedtheir sig»ature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature ~~
(SEAL)
CERTIFICATE
The undersigned. as Assistant Secretary, of UEVELUPERS SURE-fl' AND IN -
Anom • • ~- -
GINA L. GARNER
COMM. # 1569561
3 N07ARY PUHUC CALIFORNIA
ORANGE COUNTY
Nty wmrrt expires 13.2009
cy t un~ttns m full force and has not been revoked, and furthermore, that the provision D f the resoluti0on of the rcspc,cthveeBoards of Di ectors of said corporation
set forth in the Power ofAttomey, is in force as of the date of this Certificate.
This Certificate is executed in the City of hvine. California, the 2 ~ ~ 8
9thdayt,fDecember
/~ ~~~~~
B~~
Albert Hillebrand, Assistant Secretary
IU-143R (DSp (Rev. ]2105) ~ A~/ ~p
(v~'J~ ~
\~~~
POTSmodeml To:940-349-7302 940 349 7302
(2 of 3) 01-09-2009 10:31 AM -060
ACORD CERTIFICATE OF LIABILITY INSURANCE i2
24
'D2o s'
/
/
PRODUCER {817) 335-3400 FAX: (817) 877-1003 THIS CERTIFI[ATE IS ISSUED AS A ~dAT7ER OF INFaRMAT10N
Lucien Wright Insurance Services
Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
, HOLDER. THIS CERTIFlCATE DOES NOT AMEND, EXTEND OR
P. O. Box 914 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Fort Worth TX 76101 INSURERS AFFORDING COVERAGE NAIC
INSURED ~ INSURER A:A)nerlCa First Llo dS Ins. 11526
LJxS Asphalt Construction Zne, /C1~-~
~
lJ IrJSURERe:America First Insurance 12696
O
DSF, Lands Construction /
~~ Ir,suRER C: The Netherlands Insurance 24171
l
9085 Teasley Lane ~
j1 INSUREkD
Denton TX 76210 IrlSLIRER E
COVERAGES
THE POLICIES OF INSUR.MJCE LISTED BEL0:1J HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD WC'ICATED P107V~1THSTAFJDING APJY
REQUIREMENT, TERM OR CONDffION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR tdAY PERTAIN
,
THE WSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES
.
AGGREGATE LIRIITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR DD'L
I
TYPE OF INSURANCE
POLICY NUMBER POLICI' EFFECTTVE
DATE(MM/DDII'Y) POLICY EXPIRATION
DATE MPr1lDD/Y1'
LIJdfTS
GEPf6tAL LIABILITY ~~
EacH orc>JeREruE - 1, 000, OOG
~+ COM0.1EkCIA! GENER.4LLIA?LIT'! / _
~N11~$rr ~EF'.J.~,^,. y,1 100,000
A CLAIMJ3rA~'~ apCQJR C3PS11b862/ 2,16,2008 2,16/2009
nnEG Ear i.~rr crw ~rK~r,} 5
, 000
FER:~OrJ-L
i r_;:~ Ir!
J =i 1
000
000
.
_ ,
,
GENERAL AGGkEG=
T. 000
000
$ 2
GEN'L AGGREGATE LLMIT APFilES PER: ,
pR nl T9 . i ~~r 'a : a - . ,
,
2 , 000 , 000
X POLICY P ~ LOC
ALf TOMOBILE LIAJiJLITY
ce
e
~ M
uJED SINGLE urnT 1
000
000
X ANYAUTO {Eaectiden[} ,
,
+~ A!LGti•.4JEGi-llTGS flA8115462 L/ 2/16/2008 2,/16/2009 '
tll:.llFY
~GIL
SCHEDULQ ,cLTC S {Per 0er=_o nJ
41kEDAJTOS
'
EODIL
Y ItJ.URr a
NOPJ-O~~ti~ P.UTOS {Per ecciG,rt}
PROFERTYDAtiuGE
{For acurant i
CARAGELIABILITY AUTOOt.L'(-EAACCIGErJT ~
AN'Y AUi 0
OTHER THAt~I EA AIL'
3
i~UTO OtJLI' ACG ~
EXCESSA1R18RELLI:.~LL4BILITY
I EaCH CCCURR.EtJC 5 r 000.000
X nCrLw I I n c;..g p.~r)c
' `~ -
AGGhEGnTE J ~
i t00C,Ot,O
C
B DEDUCneLF 078115662 2/16/2008 2116/loos
T
X RETENTION 10,000 ~
C Vr"DJ~(ERSCOMPENSATIONAND ~ X T ~YT
M
~
EMPLOYERS LV+BILITY I
ff
1fi
ANY PROPRETORIP.aRTNERlE3~CUTIVE / E.L. FACH ACCOENT ; 1 , 000 , 000
GFFICERlNEMBEREXCLUDED?
If yes, descrbe under -
WC$115062 `' 2/16/2008 2/16/2008 E.L.DISEPSE-EAEMFLO'iEE $ 1,000,000
SFECIf,LFROvISIOPJSMi~w E.L.DISEf;E-PGLIC`LIMIT ? 1,000,000
OTHER
DESCRIPTION OF OPERATIONSAOCAT10NS1VEHICLESIEXCLVSIONS ADDED BY ENDORSEMEPJTISFECIAL PROVISIONS
Ci of Dento r its officials, agents, employees and volunteers are additional insured on general liability and auto
liabi i y. /Waiver of subrogation applies on all policies in favor of sama.t~Hmbrella policy is follow form
All of
.
above is per written contract ATIMA.
CERTFICaTF urn ncv
(940)349-7302 / SHWLD`APJY•OF'THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
Clty of Denton V
At EXPIRAT10Pr~ATE THEREOF, THE ISSUING INSURER VgLL EPIDEAVOR TO R1Ad
/
tn : Tom Shaw 3O ~
221 N Elm DAYS WRfTTEN NOTICE TO THE CERTFICATE HOLDER NAMED TO THE LEFT, euT
Denton , TX 76201 FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILRI' OF ANY KIND UPON 7J~
INSURER, RS AGENTS OR REPRESENTATIVES
AUTHORIZED REPRESEPITAITVE `~
Scott Finks/BETH _~~~r~_~~
ernon ~c nnne rno,
i/
-' "-' a: ACORD CORPORATION 1988
INS025 (otos).o9a Fsge t orz