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HomeMy WebLinkAboutResolution - 5485 - Contract-Graves & Gibson Industries-Separation & Composting Recyclable Materials - 05_08_1997RESOLUTION NO. 5485 Item #27 May 8, 1997 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract for separation and composting of recyclable materials, attached herewith, by and between the City of Lubbock and Graves and Gibson Industries, and any associated documents, which Agreement shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this ATTEST: City Secretary APPROVED AS TO CONTENT: 8th Waste Superintendent AS TO FORM: G. Vandiver, First Assistant City nGv:gs/coa«cs/CravesG.res April29, 1997 RESOLUTION NO.5485 Item 127 May 8, 1997 F8MPTAEff TEXAS CONTRACT FOR SEPARATION AND OF RECYCLABLE MATERIALS . �M • 1- i • -T� WHEREAS, the city of Lubbock heretofore solicited Request for proposals pursuant to Bid No. 97063 for the separation and composting of recyclable materials, a copy of which is attached hereto as Exhibit A and made a part hereof for all purposes; and WHEREAS, the best proposal for such services was made by Graves and Gibson Industries; NOW THEREFORE: WITNESSETH: THIS, contract, made this 15 f L day of , 1997, by and between the City of Lubbock, Texas hereinafter called "City," and Grave & Gibson Industries, hereafter called "GGI." 1. The City hereby hires GGI to perform the duties set forth in the Request for proposals attached hereto as Exhibit A attached hereto and GGI hereby agrees to perform such duties as quoted. In the event of a conflict between the Request for Proposals Terms and Conditions or General Conditions and this Contract, this Contract shall control. A copy of GGI's proposal is attached hereto as Exhibit B for establishing the consideration to be paid by the parties hereto and said exhibit shall be valid for no other purpose. 2. Nothing herein shall be construed as creating the relationship of employer and employee between the City and GGI's employees. GGI shall be deemed at all times to be an independent contractor. In carrying out the terms of this contract, GGI shall select its own employees and such employees shall be and act under the exclusive and complete supervision and control of GGI. 3. GGI agrees to indemnify and hold the City harmless from any and all loss or damage and from all claims for injury, death, loss or damage of any kind or character, and by whomsoever suffered or occasioned by or in connection with the activities of GGI or its employees as a result of this contract. 4. GGI shall at all times observe and comply with all federal, state and local laws, ordinances and regulations, which in any manner affect the contract or the work. 5. Payments for recyclables shall be based on local vendor buying prices and made in accordance with the schedule contained in Exhibit A attached hereto. Payments for separation of recyclables shall be made in accordance with the schedule contained in Exhibit A attached hereto. 6. The terms of this contract shall be for a period of three (3) years and it shall be renewable annually for two additional years. The term shall commence upon the date of execution hereof. 7. If GGI defaults in the performance of any of its obligations hereunder and remains in default for thirty (30) days after receipt of a written notice of such default from the City, the City may declare this contract terminated immediately. contract. 8. The laws of the State of Texas shall control with regard to the interpretation of this 9. GGI shall not assign or sublet this contract without the prior written approval of the City. GGI will not accept this contract unless there is a composting facility that will accept the recyclable material for composting. Contract for Separation and Composting of Recyclable Materials - GGI Page 2 10. The City shall be entitled to inspect GGI's books and records during regular business hours of the City with regard to such matters as are relevant to this contract. Further, the City may require certification of the accuracy of the scales used by GGI as required, but not more than two (2) times per calendar year. GRAVES & GIBSON INDUSTRIES BY: #�JOHIN�RICHARD RAVES GER CITY OF LUBBOCK: ATTEST: KAYt IE._DARNELL, C7TY SECIZEAR APPROVED AS TO CONTENT: p IT olid Waste Superintendent APPROVED AS T FORM: Attorney Contract for Seperation and Composting of Recyclable Materials - GGI Page 3 CITY OF LUROC'K REQUEST FOR PROPOSALS N 97063 SEPARATION OF RECYCLABLES PROPOSAL GRAVES R GIBSON INDUSTRIES P.O. BOX 43 PLAIN VIEW, 'I*ERAS 79073 2. Separation of recyclable material shall be performed at 6201 M.L.K. Blvd l_uhbock. Texas. Materials will be received at the cast end or Recycling Building at unloading area inside thi. building. Material received will be weighed on the truck scales located at the above listed address Material will be sorted on a conveyor table for the recovery and marketing of Steel Cans Aluminum Cans # I & 4 2 Plastic Ferrous Metals cardboard These items will be processed and sold at the best price available for each market. Newspaper and other cellulose material will be processed for composting at the Citv of Lubbock Landfill Compost Site. If the price of these paper items rise to a level that will afford seperation and baling , this material will be sold at those markets. 3. GG1's management has been in the recycling industry since 1985, dealing in scrap metals, aluminum and batteries. Paper, cardboard, plastic and glass have been marketed for the past three (3) years. 4. References Daffern Steel, Plainview, Texas 806/293/2609 Fred Willis Lubbock American Iron and Metal, Lubbock. Texas 806/765/8837 lack Williamson Western Fibers, Hollis, Ok. 405/688/9223 Paul Horton Fiber Horizons Recycling, Inc. Grapevine, Texas 917/329/1929 Tommy Stubblefield 5. Cost for the Separation and marketing of recyclable material will be Ninety Five ($95.00) Dollars per ton of material received. This price includes the cost of composting material that we deliver to the Landfill compost site that is not shipped to other markets. Material that is taken to the Landfill compost site by GGI will not be charged the Landfill gate fee. b The Cite of Lubbock will receive the following ptices for the listed materials I Metal cans, Aluminum, Steel, N I K a 2 Plastic, and Cardboard will he pair( Ihe- current foal street price for each item listed ^- Twenty (20) percent of llic material that is composted from the paper and other cellulose fiber material from the "Blue Bag Program" will be given to the City for their beneficial reu%c GGI's manatacmcnt has Three (3) years experience in seperating Comingled rccyci +blc material with Plainview Recycling Industries Markets have been established during this time to insure the movement of items to market Composting of paper products with cattle waste products have also been ongoing for the past three (3) years. Markets have been local farms for the compost. GGI has a supply of cattle manure available for use in this composting operation that will allow for the proper mixture of material✓ to make compost. This supply of cattle manure will be available on a regular basis and a quanity large enough to do the composting. The schedule of operation for the sorting of material %,,ill be Monday - Thursday. with exceptions for holidays and weather, from 8 00 AA1 to 5:OOP.M.. 2 GGI will employee six (6) people to provide the sorting service. Four (4) will be general labor from Texas Rehabilitation Commission, One (I) will be the operations foreman and one (1) will be the operations manager. 10 The work schedule for the general labor will be Monday - Thursday from 8:00 A.M. to 5:00 P.M. , and the schedule for management will be Monday - Friday from 8:00 A.M to 5:00 P.M. . The training period for the start up crew will be for two (2) weeks. The training will be at the Lubbock worksite and in Plainview with Plainview Recycling Industries. As new employees arc hired: the training will be at the Lubbock worksite for one week. 12 Resumes are attached 13 I Aperience to handle this project has been in Plainview Texas with Plainview Recycling Industries Sorting residential and commercial comingled material for the City of Plainview has been ongoing since 1994. Del Essary. . Solid Waste Superintendent for the City of Plainview. has been involved with the recycling project and directs the City's "Blue Box" program. Current volume of material being recycled at this site is approximately eighty (80) tons per month An additional one hundred (100) tons per month of baled cardboard from the Wal-Mart Distribution Center in Plainview is currently being shipped from this site. 14 Goals and objectives of GGI are to work with the City of Lubbock to improve the current recycling program by finding methods to increase eliicency and participation in recycling Methods of collection of current "blue bag" program will be studied to find ways to make improvements. We will also work with the City of Lubbock to develope a plan for a recycling and transfer station that will house all recycling and composting services at the current Landfill location. IS. Equipment that will be used in the seperation and processing of "blue Bad;" material: 1. Mayfran conveyor with debagger and pit conveyor. 2. Jeffery model paper hammermill. 3. Maren Baler (1972) 4. Toyota Forklift S. Yale Forklift 6. Glass Crusher 7.70' Certified Truck Scales 8. Enclosed building (work and unloading area) 9. Office 10. paved access and parking lot. 00 GGI will accept this project if NATURE'S WAY RESOURCES. INC. of Houston. Texas is the company that operates the compost facility at the Landfill. JOHN RICHARD GRAVES 1103 ITASCA PLAINVIEW, TEXAS 79072 EDUCATION: West Texas State University, Canyon, Texas BS - Biology/Chemistry - 1977 Graduate Work -Environmental Science 1977 - 1979 Jerrico Management Academy, Lexington, Kentucky Mid -Management Course - November, 1978 Vega High School, Vega, Texas Graduated 1973 EXPERIENCE RECORD: July 1, 1996 - Present: GRAVES & GIBSON INDUSTRIES: Manager. Responsible for all executive duties _ including bookkeeping, accounts receivable, accounts payable, payroll, contracts with clients and suppliers. April,1985 - June 30, 1996: Daffern Steel & Supply Co.,Inc. Plainview, Texas: New Steel Products Sales & Service Manager. Job responsibilities include inventory control, order processing and shipment, accounts receivable , accounts payable and computer systems. Special assignment in development of construction sales and management systems in the commercial and residential areas. October,1983 - March,1985: Dearborn Chemical Co., Amarillo, Texas: Sales. Responsible for sales and services of Water Treatment chemicals in commercial accounts. Accounts were in the Oil and Gas Industry, Beef Packing Plants, and Waste Water Treatment Plants. June,1982 - September,1983: Dubois Chemical Co., Amarillo, Texas: Sales. Responsible for sales and services of Institutional Cleaning Chemicals. Accounts were in the Food Service Industry, Motel/Hotel Industry and Office Buildings. March,1979 - May,1982: ASARCO, Inc., Amarillo, Texas: Jr. Development Engineer. Involved with Research and Development on the plant. Responsible for Environmental Sampling, maintaining waste disposal facilities, underground injection wells for waste acid and water. Direct communication with Texas Department of Water Resources, Texas Air Control Board, and Environmental Protection Agency. Responsible for compliance with State and Federal Environmental Regulations. Involved with Quality control and physical .testing of refined copper and analysis of cleaning and lubricating solutions. July,1978 - March,1979: Long John Silvers, Amarillo, Texas: Manager. Responsible for Public relations, sales, ordering supplies, deposit, hiring, training, and scheduling of employees, maintenance of equipment in shop. August,1974 - July,1978: West Texas State University, Canyon, Texas. Dormitory Director/Resident Advisor. Supervising housing of approximately 150 men in dormitory, planning activities for the men, mediating problems of dorm residents. Other Interest: Boy Scouts of America: Past District Chairman for Haynes District, ScoutMaster, CubMaster, Council Camping Chairman, Woodbadge trained. Optomist Club: Scouting chairman for youth activities. Baseball concession stand chairman. First Baptist Church: Sunday School teacher and RA's leader. SCOZT A. GIBSON 3511 GARLAND ST PL/lINVIEW. TEXAS 79072 806-296r6324 EXPERIENCE: GRAVES 6LGIBSON INDUS'TRIE'S 1'IJNVII'W. TIMAS 74x172 cptenuums nutnivr . lane I'$'Kl 1t# pr eou tcmgKtstingof rank• ntaimn• atwl waste palu•r . vennirullon• olu•raliuns WAI: MAlt'1' DISTRIBUTION CI NTLIt IIIAINVIEW.'ri-MA.ti 74XI72 opcipnctnf aperarco.,Jireyrurn forklift atul pallet natvinl; t•cluipna n1 ult•ratar tiOUTIIWisr (xxx 1L DINE1111'VILNT DAIJAS. '1'1:XAS rtictilsolmtt olvrator Ixtilding golf courses miltg t•cpupoK•n1: doxcra. Ittaciors, atxi srral t-M EDUCATION jAC K5IiURU I I IGI I so I( K )I. 1985 VGRNUN IR CAWi(:li CIVIL (I)N%-MI.K:TK)N 1986 SKILLS oltrraticnt of different lwnvv c•tptipntt•tt1 used in 11tt• din noting iodostn• Rf.Sdu'�.Oh Ro. S�$cJ To: Fax Number Attention: Date: From: Universal Surety of er1" DDI 209 hlorgan leaves .Ins-anvice dba White -Hi 806-296-5922 Lena Faye July 22, 1997 Anna Hilt o!CZ,�V cr g 1 Lea 1997 LU8 �SF,cREr y Comments: Attached is Performance Bond and Power of Attorney for the captioned account. We have also attached a Consent to Rate Form which needs to be signed and mailed back to us along with the Indemnity Agreement and the Letter of Credit. Principal Name: Bond Number: Bond Amount: Commission Percent Premium Amount: Effective Date: Expiration Date: John Ric''s,y''d rave dha'Graves &—Gibson f6dustries 1 � JtJ $25,000.00 20.00°/0 6 .9 .'- If you have a fax machine with thermal paper, make a pphotocopp of all following document pages on bond paper before you sign and seal. Call (512) 346-9290 for more information. Dedicated to Service 8140 N. Mapac, 8,1d. 46 $site 260, Austin, TX 78759 emamm 11=191 UNIVERSAL SLIRETY OF AMERICA 'KesowTldh SOS UNIVERSAL SURETY OF AMERICA 950 Echo Lane, Suite 250 Houston, Texas 77024 Bond: TX 0920963 00 STATLrTORY PERFORMANCE BOND (PUBLIC WORKS) KNOW ALL MEN BY THESE PRESENTS. That John .Rickard Graves dba Graves & Gibson Industries (hereinafter called the Principal), as Principal, and Universal Surety of America, a corporation organized and existing under the la -,As of the State of Texas, licensed to do business in the State of Texas and admined to write bonds, a+ surety. (herein called the Surety), are held and firmly bound utuo City of Lubbock (herein called the Obligee), in the amount of Twenty -Five Thousand and 4100 DOLLARS (25,000.00 j for the payment whereof the Said Principal and Surer. bind themselves and their heirs, administrators, executors, succtssors and Q assigns. jointly and severally, firmly by these presents. V --� WHEREAS, the Principal ha; entered into a certain «Tiaen contract with the Obligte, dated May 3, 1997, for for the stpa.-rttion and composting of recyclable material for the tram bginning S.V97 through 51:98, which connect is hrreby referred y to and made a part of hereof as fully and to the same extern as ifcopied at length herein. Q NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Princi a1 shall faithfully p perform the work in accordance with the plans, specifications :tad contract doczaents, then this obligation shall be null and void, otherwise to remain in full force and effect; ;r PROVIDED, HOI'E' ER, that this bovd is executed pursuant to the provisions of Chapter 2253 of the Texas Government Code and all liabilities on this bond shall be determined in accordance with the provision,,, conditions and limitations of said article to the -� same extent as if it were copied at length herein. cs] IN %TTNESS %'HEREOF, the said Principal and Surety have signed and sealed this instrument on July 22, 1 097, . John Richard Graves dba Graves d. Gibson Industries ? (Principal) z 8y: Universal Surety of America (Surety) By: Lena Faye Hill Anomey-in-F: UNIVERSAL SURETY OF AMERICA JuL_ _ i rl . 14U �-rul n -,.Le- .cop yt�,r � a U 1vUt��G ���: f HUt. UU4-"UU4 UNIVERSAL SURETY OF AMERICA UNIVERSAL SURETY OF AMERICA P.O. BOX 1068 -Houston, Texas 77251-1068 GENERAL POWER OF A'I fORIN)EV - CERTIFIED COPY 802dx,mbor TIC 09209E3 00 Know All Men by These Presents, That UNIVERSAL SURETY OF A ERICA, a corporation duly otgarrized and existing under the laws of the State of Texas, and having its principal office in Houston. Texas. dots by these presents make, constitute and appoint Lena Faye Hill its date and lawful Altorney(s)-in-Fact, with full power and authority hereby conferred in its name, place and dead, to execute, acknowledge and deliver bonds for: priftdpzl: )ohn Richard Graves dba Graves & Gibeon Industries Obligee: City of Lubbock Amount: S25,000.00 and to bind the company thereby as fully and to the same extent as if such bonds %were signed by the Presdent, sealed with the corporate seal of the company and duly attested by its kcretary, hereby ratifying anti confirming all dust the said nttorney(s)-irx-Fact may do within the above stated limitations. Said appointment is trade under and by authority of the following resoltnion adopted by the Board of Directors of Universal Surety of America at a oneecirg lid on the 1 ] th day of July , 199S. "Be It Resolved. that the President, and any Vice, President, Secretary or any Assistant Secretary shall be and is hereby vtued with full power and authority to appoint any one or more suitable persons as Attorneys) -in -Fact to repro eot and act for and on behalf of the Company." "RESOLVED that the signattue of any officer of the corporation, and the seal of the corporation may be affixed or printed by facsbnilie to any power of attorney of the corporation, and that such printed facsitailie signature and s€al shall be valid. and binding upon the corporation." In witness Rbereot Universal Surety of America has caused these presents to be signed by its President, John Knox, Jr. and its corporate seal to be t►ereto affixed this 30tb day of September, A.D.,19%. UNnTRSAL SURETYOF AMERICA )o nQox.It 4i'fCS►dZIIt Stara of Texas 1y`^.,, ...... +� ss: County of Harris On this 3Qttt day of September. in the year of 1996, before me Rhoads Kzv Wilke, a notary public, personally appeared John Knox, Jr. personalty lxnovm to be ttte person who executed the within inswumear as President, on beb2lf of the corporation therein named and acknowledged to me that the corporation atetuted it. MY L J t r __�Zea Notary Public 4 the tmdemgoed Secretary of Univer.rel Surery of America, hereby certiy tbar, tht above and foregoing is a full, true and correct copy of the Original Power of Attorney- is a-M by .aid Company, and do hereby furtber sorb fy tbat the. said Power of Attorney 6 still in affect. Gr%TN under my hand and the seat of sand company, at Houston, T exa::, ttus 22ND say of _ ! LY 19 97 iIasvut Sccretsry For verification of rho authority of this power you may telephone (71:) 7:2-1600. UNIVERSAL SURETY OF AMERICAS JUL 11: __ FPS H `1= -30 41C8 TO 1806yb5y22 PAGE. uu '/004 CONSENT TO RATE APPLICATION for FIDELITY, SURETY AND GUARANTY BONDS AND POLICIES GOVERNED UNDER ARTICLE 5.15 I€�P�UI: A SEPARATE APPLICATION MUST BE FILED ON EACH POUCY OR BOND NAME OF SUBMITTING COMPANY: universal Surety of America ADDRESS: 8140 N. Mopae, Building 4, Suite 260, Austin, TX 78759 TO: TEXAS DEPARTMENT OF INSURANCE Bond Department MC/104.1 B P.O. Box 149104 Austin, TX 76714-9104 Date: July 22, 1997 in accordance with the provisions of Article 5.15 (c), Texas Insurance Code, as amended, application is hereby made for approval of rates or premiums greater than Department standard or our company filed rates or premiums, as follows: 1. Name and Address of Principal or Risk: Graves & Gibson Industries, P.O. Box 43, Plainview, TX 79072 2. Policy or Bond: (a) Effective Date: May 8, 1997 (b) Policy or Bond No.: TX-09 2 096 3 (c) Bond (Contract, Fitt. Inst., Lic., & Permit, etc.): Contract (d) Bond Type (Perf., Pymt., Form 24, Mixed Bev., etc.): Performance/Payment Bond (e) Obligee: City of Lubbock (f) Job Name or Number: (g) Penalty of Bond: $ 2 5 , 000 (h) Type of CoMract (Class A. Class A-1, Class B): _ (i) Other (Explain): 3. Coveraoe to be written at rates or premiums greater than standard or company filed rates or wemiums: Com lete a ) c or d STANDARD or COMPANY FILED RATES or PREMIUMS EXCESS RATES or PREMIUMS a Entire Risk; or $21/M a*30/M b) Portion of Risk name n or c Cover ;or Other TOTAL PREMIUM 1 $ 4. Reasons for requiring rates or premiums greater than standard or company filed rates: Financial statement _ preparation and analysis of financial position does not qualify account for standard rates.• 5. 1 (We) hereby consent to approval ty the Department of rates or premiums for insurance greater than the standard rates or premiums that haft been Vproved by the Department. Ngnature of Insured (or Person Authorized to Act for Insured) Notes: (1) THIS APPLICATION MUST BE COMPLETED IN FULL AND THE ORIGINAL WITH ONE COPY FILED WITH THE TEXAS DEPARTMENT OF INSURANCE. (2) Consent rates or premiums greater than standard or company fled rates or premiums should be expressed either in dollars or in percent above Department standard rates or premiums. (3) If additional space is required to clearly stow, the proposed rating procedures, use reverse side of this form for explanation. FORM No. VCCo0_, (10-9b) ' 05MUIN)VE,KS'AIL SUKE,fY 0 AMEKI(.:'A � UNIVERSAL SURETY OF AMERICA C cG r :a 7E O tit C.G tot ts� Z P.O. BOX 1068 -Houston, Texas 77251-1068 GENERAL POWER Of AMR-N- rY - CERTIFIED COPY naar.� TX 0920963 00 Know All Men by These Present,. Thm UNIVERSAL SURETY OF V ERICa, a corporation duly organized and existing under the laws of tht State of Texas, and having its principal office in Houston, Texas, does by these presents make, constitute aad appoint Lena Faye Hill its true and lawful Aaomey(s)-in-Fact, with full power and authority hereby confetTed in its name, plate and stead, to execute, acknowledge and deliver bonds for. Principal: John Richard Graves dba Graves & Gibson industries Obligee: Cicy of Lubbock Amount: $25,".04 and to bind eke eompxny thereby as fnity and to the same extent as if such bonds were Biped by the President, sealed with the corporate seal Of the company and duly arrested by its secretary, hereby ratifying and confirming all that the said Atcorney(s)-in-Fact may do Rithin the above stated 1 mRations. Said appoinmenc is trade under and by authority of the following resolution adopted b, the Board of Directors of Universal Surety of America at a meering held on the 11 Eh day of July, 1984. "Be it P..esolyed, that the Pre»dent, and any Vice President, Seaetar,� or any Assistant Srcrem-v shall be and is hereby vested with full power and authority• to appoint any one or more saitable persons as Attornev(s)-in-Fact to repre;tnt and act for and on behalf of tb�Company." "RESOLVED that the signature of any officer of the corporation, and the seal of the corporation may be affixed or printed by ficsimilit to any power of attorney of ch, corporation, and that such printed facsimilie signatura zed seal shall be valid and binding upon the corporation." In Wime-_s aLereof, Universal Surety of America has caused these presents to be signed by its President, John Knox, Jr. and its corporate seal to be hereto affixed this 30th day of September, A.D., 1996. t`� ,JRC7► p�'qt 4i Stare of Tessa ss: Court), of Harris UNIVERSAL SURETY OF AAJERiCA to X. Jr t., Ptesidew On this 30th day of September, in the Fear of 1996, before tue kihor..dr liay Wilke, a notary public, personally appeared John Knox, Jr., personHiy known to be the person who executed the "Idi in iastratnear as President, on behalf of the corporation therein named and acknowledged ro me that the corporation ezceuted it. t 3 Votary Publit L the undm-igued Secretary of Universal Susrery of America, hereby ceni _ that the above and foregoing i; a full, true and correct copy of the Otigi-aal Potter. of Attorn�' issued by aid Cnmpmy. and do hereby funbear ecrtify (at the said Power of Aaomey is still in at%ct. GtiT N under my hand and the seal of said company, at Houston, Texa;, this 22ND .day of JULY — 19 97 - nYaat Secreury For verification of rhv authority of this power you may telephone (713) 722-1600. UNIVERSAL SURETY OF AMERICA UNIVERSAL SURETY OF AMERICA 950 Echo Lane, Suite 250 Houston, Texas 77024 9005209 Billing Advice 8/01/97 Morgan Eaves Insurance dba White -Hi PO Box 650 Plainview TX 79072 Principal: GRAVES & GIBSON INDUSTRIES Bond Amt$: 25,000.00 Obligee: City of Lubbock Bond No.: TX-0920963-00 Term: 5/08/97 to 5/08/98 BOND NB Premium Comm 750.00 20.0 CONTRACT BONDS SEPARATION AND COMPOSING OF RECYCLABLE MATERIAL FOR TERM 5/8/97 - 5/8/98 NEW BUSINESS Comm Amt Entry Date 150.00 8/01/1997 Exposuz 25,OC kL°'iAMr`RICAN STATES AMERICAN STATES INSURANCE COMPANY _ PAGE 1 1 AINSURANCE INDIANAPOLIS, INDIANA .w,+LINCOLNNATIONAL CORPORATION UMBRELLA LIABILITY POLICY E NAMED JOHN RI CHARD GRAVES IDECLARATIONS INSURED DBA GRAVES & GI BSON INDUSTRIES AND MAILING DARI N HAMAKER (�e- j ADDRESS 1401 W 5TH ST POLICY NUMBER 01-SU-204505-10 PLAINVIEW, TX 79072 RENEWAL OF NEW 05-97 AGENT MORGAN-EAVES AGENCY POLICY PERIOD FROM 05-30-97 TO 05-30-98 12:01 AM NAME 716 BROADWAY STREET AND STANDARD TIME AT YOUR MAILING ADDRESS SHOWN ABOVE. ADDRESS P 0 DRAWER 650 PLAINVIEW , TX 79073 """" ASBESTOS IS EXCLUDED ""' 42-57354 (806) 296-5514 THE TOTAL PREMIUM DUE FOR THE POLICY TERM IS $500.00. YOU WILL BE BILLED THROUGH YOUR CUSTOMER ACCOUNT ##070-0507-514-01. YOU NEED NOT PAY ANY PREMIUM AT THIS TIME. WE WILL SEND A BILLING STATEMENT IN A SEPARATE MAILING. IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS POLICY, THE COMPANY AGREES WITH THE NAMED INSURED TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY. COMMERCIAL UMBRELLA LIABILITY COVERAGE ...................... $ 500.00 500.00 COUNTERSIGNATURE THIS POLICY IS ISSUED WITH THE CONDITION THAT THE UNDERLYING LIMITS AND COVERAGES SHOWN IN THE SCHEDULE ARE IN FORCE. BY (DATE) (AUTHORIZED REPRESENTATIVE) 9-CU (4-93) COMPANY USE ONLY SPECIAL RISK 18 (A-347) AGENT COPY PREPARED 07-14-97 AGT * C-UB-14-PRINT001.0035-0001-11 I I , Or7hMMICAN STATES COMMERCIAL UMBRELLA LIABILITY POLICY i JINSURANCE • nnr LINCOLN NATIONAL CORPORATION PAGE NAMED INSURED JOHN RI CHARD GRAVES POLICY NUMBER: 01—SU-204505- LIMITS OF LIABILITY (A) EACH OCCURRENCE $ 1,000,0 (B) AGGREGATE LIMITS - SEPARATELY AS RESPECTS: (1) PRODUCTS HAZARD AND COMPLETED OPERATIONS HAZARD COMBINED $ 1, 000, 0i (2) OCCUPATIONAL DISEASE SUSTAINED BY ALL EMPLOYEES OF ANY INSURED $ 1,000,01 (3) ALL OTHER COVERAGES COMBINED (EXCEPT AUTOMOBILE LIABILITY, WHICH IS NOT SUBJECT TO ANY AGGREGATE LIMIT) $ 3,000,01 (C) RETAINED LIMIT $ 10,01 THE FOLLOWING FORMS CURRENTLY APPLY TO THIS COVERAGE: CU0002(0493) SCHEDULE OF UNDERLYING INS CU0010(1293) COMML UMB LIAB COV FORM — TN CUO151(1293) TX — FOL FORM — PUNITIVE DMGS CU2105(0492) EXCLUSION — ASBESTOS CU2110(0492) EXCL — CONT/POLL — LIMITED CU2006(0492) FOLLOW FORM — AUTO LIAB SCHE 9-CUa (4-93) COMPANY USE ONLY SPECIAL RISK IS (A-347) PREPARED 07-14-97 AGT _ ___ C-UB-14•PRINT001.0035-0003-R TA ®INSURANCSTATES SCHEDULE OF UNDERLYING INSURANCE cu o0 02 oa ss • imr LINCOLN NATIONAL CORPORATION The coverages marked by an "X" and the limits indicated are the minimum coverages and limits required for this policy. Issued to form a part of policy number 01—SU-204505-1 CARRIER, POLICY NUMBER, MINIMUM PERIOD TYPE OF POLICY APPLICABLE LIMITS a) Employers' Liability or Bodily injury by accident $ 500,000 each accident COMMERCIAL CASUAL Contingent Employers' Liabilit Bodily injury b disease $ employee 500,000 each T 1-40855A gy yjry y 05-30-97/98 Bodily injury by disease $ 500,000 policy limit or $ each accident/ occurrence b) x❑ AMERICAN STATES TX General Businessowners Farm $ 2,000,000 general aggregate 04-CC-108976 Liability Liability Liability (other than products - 05-3o-97/s8 completed operations) x❑ all premises or operations of the insured $ 2,000,000 products -completed operations aggregate x1 products -completed operations $ 1,000,000 personal and advertising injury x] personal and advertising injury $ 1,000,000 each occurrence or $ combined single limit c) Automobile Liability Bodily Injury AMERICAN STATES TX 04-BA-427429 x❑ owned autos $ each person 05-30-97/98 $ each accident x❑ non -owned autos Property Damage x❑ hired autos $ each accident or $ 1,000,000 combined single limit d) Garage Liability $ auto only each ❑ owned autos accident $ other than auto only ❑ non -owned autos each accident ❑ hired autos $ other than auto only aggregate ❑ broadened coverage garages -CA 2514 or $ combined single limit e) Page 1 of 1 C-UB-I4-PRINTOUT-0035.0005-R ® A:AFAICAN STATES AMERICAN STATES INSURANCE COMPANY OF TEXAS PAGE 1 IN5ISRANCE INDIANAPOLIS, INDIANA - wpnruNCOLN AnONALCORPORKWN COMMERCIAL INSURANCE POLICY NAMED JOHN RICHARD GRAVES DECLARATIONS INSURED DBA GRAVES & GI BSON INDUSTRIES AND % DARIN HAMAKER POLICY NUMBER 04—CC-108976-1 MAILING I ADDRESS 1401 W 5TH ST ���Ve'- PLAINVIEW, TX 79072 RENEWAL OF NEW os-s7 POLICY PERIOD FROM 05-30-97 TO 05-30-98 12:01 AM STANDARD TIME AT LOCATION OF DESCRIBED PROPERTY. AGENT MORGAN—EAVES AGENCY NAME 716 BROADWAY STREET AND P 0 DRAWER 650 ADDRESS PLAINVIEW, TX 79073 42-57354 (806) 296-5514 THE TOTAL ESTIMATED PREMIUM FOR THE POLICY TERM IS $447.00. YOU WILL BE BILLED THROUGH YOUR CUSTOMER ACCOUNT #070-0507-514-01. THIS POLICY IS SUBJECT TO A FINAL AUDIT. IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS POLICY, WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY. THIS POLICY CONSISTS OF THE FOLLOWING COVERAGE PARTS FOR WHICH A PREMIUM IS INDICATED. THE PREMIUM MAY BE SUBJECT TO ADJUSTMENT. Commercial Property Coverage Part -Texas Standard Policy ................................. $ Electronic Equipment Protection Coverage Part .......................................... $ Commercial General Liability Coverage Part ............................................ $ Boiler and Machinery Coverage Part ................................................. $ Commercial Crime Coverage Part ................................................... $ Commercial Inland Marine Coverage Part ................... Commercial Glass Coverage Part .................. �� lrA?g- Professional Liability Coverage Part ..............` ....+.cr6" ........................$ '�1�, .....................$ ...................$ I Provisional Premium $ Premium 447.00 447.00 ARTICLE 6.13 POLICY A LIQUIDATED DEMAND. A FIRE INSURANCE POLICY, IN CASE OF TOTAL LOSS BY FIRE OF PROPERTY INSURED, SHALL BE HELD AND CONSIDERED TO BE A LIQUIDATED DEMAND AGAINST THE COMPANY FOR THE FULL AMOUNT OF SUCH POLICY. THE PROVISIONS OF THIS ARTICLE SHALL NOT APPLY TO PERSONAL PROPERTY. COUNTERSIGNATURE BY (DATE) (AUTHORIZED REPRESENTATIVE) 9-CC(TX)(0787) COMPANY USE ONLY CENTRAL REGION 41 (11229) CR AGENT COPY PREPARED 06-13-97 AGT * C•AN-13-PRINT001-0728.0001-F COMMERCIAL LIABILITY COVERAGE PART DECLARATIONS NAMED INSURED: JOHN RICHARD GRAVES FORM OF BUSINESS: INDIVIDUAL PAGE CG 1-LAST POLICY NUMBER: 04-CC-108976-1 ------------------------------------- L I M I T S O F I N S U R A N C E COMMERCIAL GENERAL LIABILITY GENERAL AGGREGATE LIMIT (OTHER THAN PRODUCTS -COMPLETED OPERATIONS) 2,000,000 PRODUCTS -COMPLETED OPERATIONS AGGREGATE LIMIT 2,000,000 PERSONAL AND ADVERTISING INJURY LIMIT 1,000,000 EACH OCCURRENCE LIMIT 11,000 000 FIRE DAMAGE LIMIT (ANY ONE FIRE) $ 50,000 MEDICAL EXPENSE LIMIT (ANY ONE PERSON) $ 5,000 --------------------------------------------------------------------------------- LOCATION OF ALL PREMISES YOU OWN. RENT, OR OCCUPY: 1. PO BOX 43 PLAINVIEW,TX 79073 ---------------------------------------------------------------------------------- CODE I CLASSIFICATION -PREMIUM BASIS I EXPOSURE I RATE I PREMIUM ---------------------------------------------------------------------------------- PICISM 53077 COMMERCIAL GENERAL LIABILITY OTHER THAN PRODUCTS -COMPLETED OPERATIONS ** LOCATION # 1 FERTILIZER MFG. GROSS SALES (PER $1, 000) TO MEET COVERAGE MINIMUM COMMERCIAL GENERAL LIABILITY PRODUCTS -COMPLETED OPERATIONS ** LOCATION # NA FERTILIZER MFG. GROSS SALES (PER $1, 000) TO MEET COVERAGE MINIMUM COMMERCIAL LIABILITY TOTAL 50,000 50,000 THE FOLLOWING FORMS CURRENTLY APPLY TO THIS COVERAGE PART: IL0017 11845 - COMMON POLICY CONDITIONS IL0021 1194 - NUCLEAR ENERGY LIABILITY ENDTS CG0001 1093 - COMMERCIAL GENERAL LIABILITY CGO103 1093 - TEXAS CHGS-CONDITIONS REQUIRING NOTICE IL0275 1187 - TEXAS CHANGES -CANCELLATION & NONRENEWAL CG2639 0195 - TEXAS CHGS-EMPL. RELATED PRACTICE EXCL. IL0168 0992 - TEXAS CHANGES - DUTIES IL7201 0392 - COMPANY COMMON POL CONDITIONS 2.7260 2.2260 1-1 S 136.00 174.00 111.00 26.00 447.00 9-CC (CG) (0787) CENTRAL REGION (11229) PREPARED 06-13-97 CMD40 SEQ.0001 C-AN-13-PRINT001-0728-=-F AMERICAN STATES INSURANCE COMPANY OF TEXAS PAGE 1-LAST POLICY PERIOD: POLICY WORKSHEET NO: 04-CC-108976-1 FROM 05-30-97 TO 05-30-98 INSURED: JOHN RICHARD GRAVES AGENT: 42-57354 LIMITS OF INSURANCE COMMERCIAL GENERAL LIABILITY GENERAL AGGREGATE LIMIT (OTHER THAN PRODUCTS -COMPLETED OPERATIONS) 2,000,000 PRODUCTS -COMPLETED OPERATIONS AGGREGATE LIMIT 2,000,000 PERSONAL AND ADVERTISING INJURY LIMIT 1,000,000 EACH OCCURRENCE LIMIT 1,000,000 FIRE DAMAGE LIMIT (ANY ONE FIRE) 50,000 MEDICAL EXPENSE LIMIT (ANY ONE PERSON) 5,000 ---------------------- GENERAL LIABILITY PREMIUM DEVELOPMENT --------------------- THIS POLICY IS SUBJECT TO ANNUAL AUDIT. FERTILIZER MFG. GROSS SALES (PER $1,000) maw F. FERTILIZER MFG. GROSS SALES (PER $1, 000) FERTILIZER MFG. GROSS SALES (PER $1, 000) ���1•I������1�I�I�IKN �I k k TOTAL ..... $ 447.00 ATTACHED FORMS: COVERI CGO103 1093 IL0275 1187 CG2639(0195) IL0168(0992) IL7201(0392) 6-3014 1193 6-2978 1293 CENTRAL REGION (11229) PREPARED 06-13-97 CMD30 SEQ.0001 C-AN-1 3- PR I NT001 -0728-M. F IF TAMERICAN STATES POLICY NUMBER: 04-CC-108976-1 INSURANCE • pnr LINCOLN NATIONAL CORPORATION I IIIIIIIIIIII111�111'III1�'111'�IIIIIIIIIIIIIIIIIIIIIIIIIIIIII JOHN RICHARD GRAVES DBA GRAVES & GIBSON INDUSTRIES % DARIN HAMAKER 1401 W 5TH ST PLAINVIEW, TX 79072 Thank you for placing your business with AMERICAN STATES INSURANCE COMPANY OF TEXAS 6-2413 (2-91) CENTRAL REGION 41 ( -347 ) CB INSURED COPY PREPARED 06-13-97 AGT C-AN-I3-PRINT001-0729-ODOI-F ®r]AMERICAN STATES AMERICAN STATES INSURANCE COMPANY OF TEXAS `PAGE 1 INSURANCE INDIANAPOLIS, INDIANA AP�4UNCOLNNATIONALCORPORATION COMMERCIAL INSURANCE POLICY NAMED JOHN RICHARD GRAVES DECLARATIONS INSURED DBA GRAVES & GIBSON INDUSTRIES AND PO BOX 43 POLICY NUMBER 04—CC-108976-1 MAILING ADDRESS PLA I NV I EW , TX 79073 C,1)�p ��VI.�! RENEWAL OF NEW 05-97 POLICY PERIOD FROM 05-30-97 TO 05-30-98 12:01 AM STANDARD TIME AT LOCATION OF DESCRIBED PROPERTY. AGENT MORGAN—EAVES AGENCY NAME 716 BROADWAY STREET AND P 0 DRAWER 650 ADDRESS PLAINVIEW, TX 79073 42-57354 (806) 296-551l� THE TOTAL ESTIMATED PREMIUM FOR THE POLICY TERM IS $447.00. YOU WILL BE BILLED THROUGH YOUR CUSTOMER ACCOUNT #070-0507-514-01. THIS POLICY IS SUBJECT TO A FINAL AUDIT. IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS POLICY, WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY, THIS POLICY CONSISTS OF THE FOLLOWING COVERAGE PARTS FOR WHICH A PREMIUM IS INDICATED. THE PREMIUM MAY BE SUBJECT TO ADJUSTMENT. Premium Commercial Property Coverage Part -Texas Standard Policy ................................. $ Electronic Equipment Protection Coverage Part .......................................... $ Commercial General Liability Coverage Part ............................................ $ 447.00 Boiler and Machinery Coverage Part ................................................. $ Commercial Crime Coverage Part ................................................... $ Commercial Inland Marine Coverage Part .............................................. $ Commercial Glass Coverage Part ....................................................$ Professional Liability Coverage Part ................................................. $ Total Provisional Premium $ 447.00 ARTICLE 6.13 POLICY A LIQUIDATED DEMAND. A FIRE INSURANCE POLICY, IN CASE OF TOTAL LOSS BY FIRE OF PROPERTY INSURED, SHALL BE HELD AND CONSIDERED TO BE A LIQUIDATED DEMAND AGAINST THE COMPANY FOR THE FULL AMOUNT OF SUCH POLICY. THE PROVISIONS OF THIS ARTICLE SHALL NOT APPLY TO PERSONAL PROPERTY. COUNTERSIGNATURE BY (DATE) (AUTHORIZEDREPRESENTATIVE) 9-CC(T)0(0787) COMPANY USE ONLY CENTRAL REGION 41 (11229) CS AGENT COPY PREPARED 06-04-97 AGT C-A N-O4- P R I N TO01-0426-0001-1 COMMERCIAL LIABILITY COVERAGE PART DECLARATIONS NAMED INSURED: JOHN RICHARD GRAVES FORM OF BUSINESS: INDIVIDUAL PAGE CG 1-LAST POLICY NUMBER: 04-CC-108976-1 ------------------------------------- L I M I T S O F I N S U R A N C E COMMERCIAL GENERAL LIABILITY GENERAL AGGREGATE LIMIT (OTHER THAN PRODUCTS -COMPLETED OPERATIONS)2,000,000 PRODUCTS -COMPLETED OPERATIONS AGGREGATE LIMIT 82,000,000 PERSONAL AND ADVERTISING INJURY LIMIT 81,000000 EACH OCCURRENCE LIMIT 1,000:000 FIRE DAMAGE LIMIT (ANY ONE FIRE) $$ 50,000 MEDICAL EXPENSE LIMIT (ANY ONE PERSON) $ 5,000 --------------------------------------------------------------------------------- LOCATION OF ALL PREMISES YOU OWN, RENT, OR OCCUPY- 1. PO BOX 43 PLAINVIEW,TX 79073 ---------------------------------------------------------------------------------- CODE I CLASSIFICATION -PREMIUM BASIS I EXPOSURE I RATE PREMIUM ---------------------------------------- ------ 53077 53077 COMMERCIAL GENERAL LIABILITY OTHER THAN PRODUCTS -COMPLETED OPERATIONS ** LOCATION # 1 ** FERTILIZER MFG. GROSS SALES (PER $1,000) TO MEET COVERAGE MINIMUM COMMERCIAL GENERAL LIABILITY PRODUCTS -COMPLETED OPERATIONS ** LOCATION # NA ** FERTILIZER MFG. GROSS SALES (PER $1,000) TO MEET COVERAGE MINIMUM COMMERCIAL LIABILITY TOTAL 50,000 50,000 THE FOLLOWING FORMS CURRENTLY APPLY TO THIS COVERAGE PART: IL0017 1185 - COMMON POLICY CONDITIONS IL0021 1194 - NUCLEAR ENERGY LIABILITY ENDTS CG0001 1093 - COMMERCIAL GENERAL LIABILITY CGO103 1093 - TEXAS CHGS-CONDITIONS REQUIRING NOTICE IL0275 1187 - TEXAS CHANGES -CANCELLATION & NONRENEWAL CG2639 0195 - TEXAS CHGS-EMPL. RELATED PRACTICE EXCL. IL0168 0992 - TEXAS CHANGES - DUTIES IL7201 0392 - COMPANY COMMON POL CONDITIONS 2.7260 2.2260 S 136.00 174.00 111.00 26.00 447.00 9-CC(CG)(0787)CENTRAL REGION (11229) PREPARED 06-04-97 CMD40 SEQ.0001 C-AN-04-PRINT001-0426-M-1 , Workers' Compensation and Employers' Liability Insurance Policy COMMERCIAL CASUALTY INSURANCE COMPA NT - NCCI COMPANY NUMBER 27871 INFORMATION PAGE Policy 1. Named Insured and Address:(No.,Street, Town, County, State, Zip Code) Number: T 1049755A GRAVES & GIBSON INDUSTRIES n (A PARTNERSHIP) co C/O DARIN HAMAKER, WILLIAMS, MERIWETHERN, SMITH & CO. 1401 W. 5TH ST. PLAINVIEW TX 79072 Employer is: PARTNERSHIP Renews No. NEW Other workplaces not shown above: 5200 NORTH COLUMBIA PLAINVIEW TX 79072 2. Policy Period: (Mo.Day Yr.) FEIN # 752706052 12:01 A.M., standard time at the insured's mailing address. Risk ID # From 5/30/97 to 5/30/98 Producer: 42-600002-00-1000-S-DB MORGAN-EAVES AGENCY P. 0. BOX 650 PLAINVIEW TX 79072 3. A. Workers Compensation Insurance: Part One of the policy applies to the Workers Compensation Law of the states listed here: TEXAS B. Employers Liability Insurance: Part Two of the policy applies to work in each state listed in Item 3.A. The limits of our liability under Part Two are: Bodily Injury by Accident $1A6 M:5'c0 ''each accident Bodily Injury by Disease $500, 000 olicy limit Bodily Injury by Disease $1L00-000Y V-" ach employee C. Other States Insurance: Part Three of the policy applies to the states, if any, listed here: CALIFORNIA, COLORADO, KANSAS, NEBRASKA, MISSOURI, TEXAS AND UTAH. D. This policy includes these endorsements and schedules: WC 00 00 00 A WC 99 06 03 WC 42 03 01 D WC 42 04 03 WC 42 03 08 WC 99 06 02 WC 99 06 02 4. The premium for this policy will be determined by our Manuals of Rules, Classification, Rates and Rating Plans. All information required below is subject to verification and change by audit. Classifications Code Premium Basis No. Total Estimated Annual Remuneration SEE EXTENSION SCHEDULE ATTACHED PREMIUM DISCOUNT EXPENSE CONSTANT ESTIMATED POLICY PREMIUM Minimum Premium: $250 Deposit Premium: Payroll reporting and premium adjustment period: WC 00 04 06 Rate Per Estimated Annual $100 of Premium Remuneration $ 7 , 284 ���, $192 $140 $7,232 $1,446 SEMI-ANNUAL CHECKING M-643 Countersigned at on Copyright 1987 National Council on Compensation Insurance. PM By AUTHORIZED REPRESENTATIVE AGENT WC 00 00 01A WE 99 06 �• COMMERCIAL CASUALTY INSURANCE COMPANY EXTENSION SCHEDULE POLICY NO. T 1049755A Item j6b4 of the Information Pane Is amended to read: 5/30/97 CODE NOS. POLICY SCHEDULE CLASSIFICATIONS OF PRINCIPLE OPERATIONS ESTIMATED ANNUAL REMUNERATION RATE PER $100 OF REMUNERATION ESTIMATED ANNUAL PREMIUM TEXAS 4583 COMPOST MFG - COTTON HULLS - & DRIVERS SUBTOTAL ESTIMATED STANDARD PREMIUM 92,560 7.87 7,28 7,28 7,28 AGENT WC 99 06 02 Agency: MORGAN—EAVES AGENCY No. 6 T 1049755A Employer. GRAVES & GIBSON INDUSTRIES Date: 5/30/97 From: 5/30/97 To: 5/30/98 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY ENDORSEMENT IT IS AGREED THAT THERE WILL BE MONTHLY ARBITRARY.BILLING(S) OF ON THIS POLICY. DUE DATE am>.ate=e AMOUNT m JUNE m 30, 1997 ;w; $643 JULY 30, 1997 $643 AUGUST 30, 1997 $643 SEPTEMBER 30, 1997 $643 OCTOBER 30, 1997 $643 NOVEMBER 30, 1997 $643 DECEMBER 30, 1997 $643 JANUARY 30, 1998 $643 FEBRUARY 28, 1998 $643 $643 THE FOLLOWING SPACES ARE TO BE COMPLETED ONLY IF THIS ENDORSEMENT IS NOT ATTACHED TO THE POLICY WHEN ISSUED. The effective date of this endorsement is , AT 12:01 A.M. This endorsement when countersigned by a duly authorized representative of the undermentioned Company and attached to Policy No. issued to shall be valid and shall form part of said policy. Countersigned at COMMERCIAL CASUALTY INSURANCE COMPANY By AUTHORIZED REPRESENTATIVE AGENT Agency: MORGAN—EAVES AGENCY Employer. GRAVES & GIBSON INDUSTRIES WC 42 03 08 No. 4 T 1049755A Date: 5/30/97 From: 5/30/97 To: 5/30/98 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY PARTNERS, OFFICERS AND OTHERS EXCLUSION ENDORSEMENT The policy does not cover bodily injury to any person described in the Schedule. The premium basis for the policy does not include the remuneration of such persons. You will reimburse us for any payment we must make because of bodily injury to such persons. Schedule PARTNER JOHN GRAVES PARTNER PARTNER SCOTT A. GIBSON PARTNER SIGNED AND ACCEPTED: OFFICER/PARTNER/OWNER THE FOLLOWING SPACES ARE TO BE COMPLETED ONLY IF THIS ENDORSEMENT IS NOT ATTACHED TO THE POLICY WHEN ISSUED. The effective date of this endorsement is , at 12:01 A.M. This endorsement when countersigned by a duly authorized representative of the undermentioned Company and attached to Policy No. issued to shall be valid and shall form part of said policy. Countersigned at COMMERCIAL CASUALTY INSURANCE COMPANY By AUTHORIZED REPRESENTATIVE AGENT WC420403A Agency: MORGAN-EAVES AGENCY No. 3 T 1049755A Employer. GRAVES & GIBSON INDUSTRIES Date: 5/30/97 From: 5/30/97 To: 5/30/98 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY TEXAS EXPERIENCE RATING MODIFIER ENDORSEMENT The premium for the policy will be adjusted by an experience rating modifier, if any, which was not available when the policy was issued. We will issue an endorsement to show the proper factor when it is calculated. THE FOLLOWING SPACES ARE TO BE COMPLETED ONLY IF THIS ENDORSEMENT IS NOT ATTACHED TO THE POLICY WHEN ISSUED. The effective date of this endorsement is at 12:01 A.M. This endorsement when countersigned by a duly authorized representative of the under -mentioned Company and attached to Policy No. issued to shall be valid and shall form part of said policy. Countersigned at COMMERCIAL CASUALTY INSURANCE COMPANY By AUTHORIZED REPRESENTATIVE AGENT DEDUCTIBLE NOTICE OF ELECTION TO ACCEPT TEXAS WORKERS COMPENSATION BENEFITS Texas law permits an employer to obtain workers compensation insurance with a deductible. The deductible applies to benefits payable under Texas Workers' Compensation Law. The insurance applies only to benefits in excess of the deductible amount. The deductible applies separately to each accident or disease regardless of the number of people who sustain injury by such accident or disease or as an annual aggregate or as a combination of both. The deductible plans have been explained to me. Premium reductions are determined based on the deductible selected and the hazard group. The hazard group is determined by the classification that produces the largest amount of estimated Texas standard premium. You are not required to choose a deductible. If you do choose one, your insurance company will pay the deductible amount for you, but you must reimburse the insurance company within 30 days after they send you notice that payment is due. If you fail to reimburse the insurance company, they may cancel the policy upon ten days written notice, and any resulting premium may be applied to the deductible amount owed. If a deductible amount is desired, please indicate below. ❑ Yes, I want a deductible of (select only one): 1. $ per accident 2. $ annual aggregate 3. $ /$ per accident/annual aggregate applied to benefits payable under the Texas Workers' Compensation Law. I understand that the company will pay the deductible amount and seek reimbursement (monthly, quarterly or other) ® No, I do not want a deductible applied to benefits payable under the Texas Workers' Compensation Law. ❑ Yes, I do want a deductible policy, but am unable to obtain one for the following reason: GRAVES & GIBSON INDUSTRIES 5/30/97 Employer Name (print or type) Signature and Title Date T 1049755A Policy Number Form 42-3 Agency: MORGAN—EAVES AGENCY Employer. GRAVES & GIBSON INDUSTRIES WC42030.1 E No. 2 T 1049755A . Date: 5/30/97 From: 5/30/97 To: 5/30/98 TEXAS WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY TEXAS AMENDATORY ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. GENERAL SECTION B. Who is Insured is amended to read: You are insured if you are an employer named in Item 1 of the Information Page. If that employer is a partnership or joint venture, and if you are one of its partners or members, you are insured, but only in your capacity as an employer of the partnership's or joint venture's employees. D. State is amended to read: State means any state or territory of the United States of America, and the District of Columbia. PART ONE - WORKERS' COMPENSATION INSURANCE E. Other Insurance is amended by adding this sentence: This section only applies if you have other insurance or are self -insured for the same loss. F. Payments You Must Make This section is amended by deleting the words "workers compensation" from number 4. H. Statutory Provisions This section is amended by deleting the words "after an injury occurs" from number 2. PART TWO - EMPLOYERS' LIABILITY INSURANCE C. Exclusions Sections 2 and 3 are amended to add: This exclusion does not apply unless the violation of law caused or contributed to the bodily injury. Section 6 is amended to read: 6. bodily injury occurring outside the United States of America, its territories or possessions, and Canada. This exclusion does not apply to bodily injury to a citizen or resident of the United States of America, Mexico or Canada who is temporarily outside these Countries. D. We Will Defend This section is amended by deleting the last sentence. 1 of 3 AGENT 0 WC 42 03 01 E PART FOUR - YOUR DUTIES IF INJURY OCCURS Number 6 of this part is amended to read:' T 1049755A 6. Texas law allows you to make weekly payments to an injured employee in certain instances. Unless authorized by law, do not voluntarily make payments, assume obligations or incur expenses, except at your own cost. PART FIVE - PREMIUM A. Our Manuals is amended by adding the sentence: In this part, "our manuals" means manuals approved or prescribed by the Texas Department of Insurance. C. Remuneration Number 2 is amended to read: 2. All other persons engaged in work that would make us liable under Part One (Workers' Compensation Insurance) of this policy. This paragraph 2 will not apply if you give us proof that the employers of these persons lawfully secured workers' compensation insurance. E. Final Premium Number 2 is amended to read: 2. If you cancel, final premium will be calculated pro rata based on the time the policy was in force. Final premium will not be less than the pro rata share of the minimum premium. PART SIX - CONDITIONS A. Inspection is amended by adding this sentence: Your failure to comply with the safety recommendations made as a result of an inspection may cause the policy to be cancelled by us. C. Transfer of Your Rights and Duties is amended to read: Your rights and duties under this policy may not be transferred without our written consent. If you die, coverage will be provided for your surviving spouse or your legal representative. This applies only with respect to their acting in the capacity as an employer and only for the workplaces listed in Items 1 and 4 on the Information Page. D. Cancelation is amended to read: 1. You may cancel this policy. You must mail or deliver advance notice to us stating when the cancelation is to take effect. 2 We may cancel this policy. We may also decline to renew it. We must give you written notice of cancelation or nonrenewal. That notice will be sent certified mail or delivered to you in person. A copy of the written notice will be sent to the Texas Workers' Compensation Commission. 3. Notice of cancelation or nonrenewal must be sent -to you not later than the 30th day before the date on which the cancelation or nonrenewal becomes effective, except that we may send the notice not later than the 10th day before the date on which the cancelation or nonrenewal becomes effective if we cancel or do not renew because of: a. Fraud in obtaining coverage; b. Failure to pay a premium when payment was due; c. An increase in the hazard that results from an action or omission and that would produce an increase in the rate, including an increase because of failure to comply with reasonable recommendations for loss control or to comply within a reasonable period with recommendations designed to reduce a hazard that is under your control; d. A determination by the Commissioner of Insurance that the continuation of the policy would place us in violation of the law, or would be hazardous to the interests of subscribers, creditors, or the general public. 2 of 3 AGENT -WC 420301 E T 1049755A 4. If another insurance company notifies the Texas Workers' Compensation Commission that it is insuring you as an employer, such notice shall be a cancellation of this policy effective when the other policy starts. PART SEVEN - OUR DUTY TO YOU FOR CLAIM NOTIFICATION A. Claims Notification We are required to notify you of any claim that is filed against your policy. Thereafter, we shall notify you of any proposal to settle a claim or, on receipt of a written request from you, of any administrative or judicial proceeding relating to the resolution of a claim, including a benefit review conference conducted by the Texas Workers' Compensation Commission. You may, in writing, elect to waive this notification requirement. We shall, on written request from you, provide you with a list of claims charged against your policy, payments made and reserves established on each claim, and a statement explaining the effect of claims on your premium rates. We must furnish the requested information to you in writing no later than the 30th day after the date we receive your request. The information is considered to be provided on the date the information is received by'the United States Postal Service or is personally delivered. COMPLAINT NOTICE: SHOULD ANY DISPUTE ARISE ABOUT YOUR PREMIUM OR ABOUT A CLAIM THAT YOU HAVE FILED, CONTACT THE AGENT OR WRITE TO THE COMPANY THAT ISSUED THE POLICY. IF THE PROBLEM IS NOT RESOLVED, YOU MAY ALSO WRITE THE TEXAS DEPARTMENT OF INSURANCE, P.O. BOX 149091, AUSTIN, TEXAS 78714-9091, FAX# (512) 475-1771. THIS NOTICE OF COMPLAINT PROCEDURE IS FOR INFORMATION ONLY AND DOES NOT BECOME A PART OR CONDITION OF THIS POLICY. THE FOLLOWING SPACES ARE TO BE COMPLETED ONLY IF THIS ENDORSEMENT IS NOT ATTACHED TO THE POLICY WHEN ISSUED. The effective date of this endorsement is , at 12:01 A.M. This endorsement when countersigned by a duly authorized representative of the under -mentioned Company and attached to Policy No. issued to shall be valid and shall form part of said policy. Countersigned at By AUTHORIZED REPRESENTATIVE COMMERCIAL CASUALTY INSURANCE COMPANY 3of3 AGENT Agency. MORGAN-EAVES AGENCY Employer. GRAVES & GIBSON INDUSTRIES • WC 00 04 06 No. 1 T 1049755A ' Date: 5/30/97 From: 5/30/97 To: 5/30/98 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY PREMIUM DISCOUNT ENDORSEMENT The premium for this policy and the policies, if any, listed in item 3 of the Schedule may be eligible for a discount. This endorsement shows your estimated discount in Item 1 or 2 of the Schedule. The final calculation of premium discount will be determind by our manuals and your premium basis as determind by audit. Premium subject to retrospective rating is not subject to premium discount. Schedule Estimated Eligible Premium First Next Next 1. State $5,000 $95,000 $400,000 TEXAS 0% 8.40% 10.50% 2. Average percentage discount: 2.64 % 3. Other policies: 4. If there are no entries in items 1, 2 and 3, of the Schedule see the Premium Discount Endorsement attached to your policy number: Balance 11.00% THE FOLLOWING SPACES ARE TO BE COMPLETED ONLY IF THIS ENDORSEMENT IS NOT ATTACHED TO THE POLICY WHEN ISSUED. The effective date of this endorsement is , at 12:01 A.M. This endorsement when countersigned by a duly authorized representative of the under -mentioned Company and attached to Policy No. issued to shall be valid and shall form part of said policy. Countersigned at COMMERCIAL CASUALTY INSURANCE COMPANY By AUTHORIZED REPRESENTATIVE Copyright 1983 National Council on Compensation Insurance. AGENT 1 vv AMER4CAN STATES AMERICAN STATES INSURANCE COMPANY OF TEXAS PAGE 1 INSURANCE INDIANAPOLIS, INDIANA .,.nrUNC.OLNNATIONALCORPORATI COMMERCIAL INSURANCE POLICY C NAMED JOHN RI CHARD GRAVES DECLARATIONS INSURED DBA GRAVES & GI BSON I ND . % AND MAILING DARIN HAMAKER POLICY NUMBER 04-BA-427429-1 /� R�v�o-I ADDRESS 1401 W 5TH ST (p RENEWAL OF NEW 05-97 PLAINVIEW, TX 79072 POLICY PERIOD FROM 05-30-97 TO 05-30-98 12:01 AM STANDARD TIME AT LOCATION SHOWN ABOVE. AGENT MORGAN-EAVES AGENCY NAME 716 BROADWAY STREET AND ADDRESS P 0 DRAWER 650 PLAINVIEW, TX 79073 42-57354 (806) 296-5514 THE TOTAL PREMIUM DUE FOR THE POLICY TERM IS $80.00. YOU WILL BE BILLED THROUGH YOUR CUSTOMER ACCOUNT #070-1293-180-01. YOU NEED NOT PAY ANY PREMIUM AT THIS TIME. WE WILL SEND A BILLING STATEMENT IN A SEPARATE MAILING. IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS POLICY, WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY. COMMERCIAL AUTO COVERAGE PART .................... $ 80.00 �%t COUNTERSIGNATURE BY (DATE) (AUTHORIZED REPRESENTATIVE) -w 9-CC(0887) COMPANY USE ONLY CENTRAL REGION 41 (11229) CB AGENT COPY PREPARED 06-13-97 AGT C-AN•13-PFIINT001-0726-0001 •E 0 BUSINESS AUTO COVERAGE PART DECLARATIONS PAGE BA 1 -LAST ITEM ONE -- NAMED INSURED: POLICY NUMBER: 04-BA-427429-1 -------- JOHN RICHARD GRAVES FORM OF BUSINESS: INDIVIDUAL ITEM TWO -- SCHEDULE OF COVERAGES AND COVERED AUTOS THIS POLICY PROVIDES ONLY THOSE COVERAGES WHERE A CHARGE IS SHOWN IN THE PREMIUM COLUMN BELOW. EACH OF THESE COVERAGES WILL APPLY ONLY TO THOSE "AUTOS" SHOWN AS COVERED "AUTOS." "AUTOS" ARE SHOWN AS COVERED "AUTOS" FOR A PARTICULAR COVERAGE BY THE ENTRY OF ONE OR MORE OF THE SYMBOLS FROM THE COVERED AUTO SECTION OF THE BUSINESS AUTO COVERAGE FORM NEXT TO THE NAME OF THE COVERAGE. COVERED LIMIT OF AUTO COVERAGES INSURANCE DEDUCTIBLE SYMBOL PREMIUM LIABILITY $ 11000,000 8,9 $ 80.00 --------------------------------------------- ESTIMATED TOTAL PREMIUM $ 80.00 --------------------------------------------- ITEM THREE -- SCHEDULE OF COVERED AUTOS YOU OWN NO SCHEDULED VEHICLES ITEM FOUR -- SCHEDULE OF HIRED OR BORROWED COVERED AUTO LIABILITY COVERAGE --------- PREMIUMS RATE ESTIMATED PER $100 MINIMUM STATE COST OF HIRE COST OF HIRE PREMIUM PREMIUM -------------- -- -- - - TEXAS IF ANY 29.40 $ 29.00 $ 29.00 ---------------------------------------------------------�-- (TOTAL PREMIUM $29.00 --------------------------- COST OF HIRE MEANS THE TOTAL AMOUNT YOU INCUR FOR THE HIRE OF "AUTOS" YOU DO NOT OWN THNOT EIRIFAMIDING "AUTOS" YOU BORROW OR RENT FROM YOUR PARTNERS OR YOUR EMPLOYEES OR LY COST OF HIRE DOES NOT INCLUDE CHARGES FOR SERVICES PERFORMED BY MOTOR CARRIERS OF PROPERTY OR PASSENGERS. ITEM FIVE -- SCHEDULE FOR NON -OWNERSHIP LIABILITY RATING BASIS NUMBER PREMIUM ------------------ -------- --------------- EMPLOYEES 3 51.00 ------------------------------------------ ITOTAL PREMIUM $ 51.00 ------------------------------ THE FOLLOWING FORMS CURRENTLY APPLY TO THIS COVERAGE PART: E0040 0194 - AMENDATORY ENDORSEMENT - TEXAS E9917G 0895 - INDIVIDUAL NAMED INSURED E0001 0392 - BUSINESS AUTO COVERAGE FORM , E0017 0392 - COMMON POLICY CONDITIONS IL0021 1187 - NUCLEAR ENERGY LIAB EXCLUSION-BRD FRM IL7201 0392 - COMPANY COMMON POL CONDITIONS E0039B 1292 - AMENDATORY ENDORSEMENT -TEXAS E9979A 1187 - TEXAS PREMIUM DISCOUNT 6-3015 0995 - LOSS CONTROL SAFETY SERVIC 6-3101 0196 - CUSTOMER BILLING CONVERSION 9-CC(BA)(0787) CENTRAL REGION (11229) PREPARED 06-13-97 CM2E6 SEQ.0001 C.GN_1 Z_04ll NTM1_n7)AX l.G i ®^ NSURANCETATES IMPORTANT - PLEASE REVIEW s-a1z4A 1 � (8-94) A„ .1 LINCOLN NATIONAL CORPORATION Named Insured: JOHN RI CHARD GRAVES Policy No: 04—BA-427429-10 Agent: MORGAN—EAVES AGENCY Address: 716 BROADWAY STREET Phone: (806) 296-5514 Dear Valued Policyholder, We appreciate the opportunity to write your commercial auto coverage. Please take a minute to review your policy. Your policy has been issued based on the drivers listing below. In order to insure that your policy is issued with the most current information, please review this list and update as necessary. Include employees who drive their own vehicles on company business or anyone who will drive an insured vehicle. Contact your independent agent to advise of any changes. Also, remember to report all newly hired employees to your agent during the year. Thank you for your business! DRIVERS DATE NAME OF DRIVER DATE OF BIRTH LICENSE NUMBER STATE OF HIRE NO DRIVER INFORMATION ON FILE P_etit-1 I -PA INTMI d1MXMR.F AMERICAN STATES INSURANCE COMPANY OF TEXAS PAGE 1-LAST POLICY PERIOD COMMERCIAL AUTO WORKSHEET NO: 04-BA-427429-1 FROM 05-30-97 TO 05-30-98 INSURED: JOHN RICHARD GRAVES AGENT: 42-57354 ---------------------------AUTO PREMIUM DEVELOPMENT----------------------------- RATING NUM OF BASE SPLIT/INCREASE PREMIUM BASIS EMPLOYEES PREM ADJUSTMENT NON -OWNED LIAB EMP 3 $ 51.00 STATE COH ANNUAL COST PREMIUM RATE OF HIRE HIRED AUTO LIAB - - 42 29.40 -------- IF ANY ----------- $ 29.00 FORM NUMBER ------------------------------------------------------------------------ COVERI 0193 COVBK 0193 E0040 0194 E9917G 0895 E0001 0392 E0017 0392 IL0021 1187 IL7201 0392 E0039B 1292 E9979A 1187 6-2845 1092 6-3015 0995 63124A 0894 63124B 0894 6-3101 0196 ----------------------------------- TOTAL POLICY PREMIUM: $ 80.00 ----------------------------------- CENTRAL REGION (11229) PREPARED 06-13-97 CM2H6 SEQ. 0001 ®1 NSURANCE STATE TEXAS PREMIUM DISCOUNT TE 99 79A • m+ (11-87) UNCOLN NAMNAL CORPORATION This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM TRUCKERS COVERAGE FORM This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below: Endorsement Effective Policy Number 05-30-97 04—BA-427429-1 Named Insured Countersigned by JOHN RICHARD GRAVES (Authorized Representative) Policies included in Texas Estimated standard premium (as premium discount determination: determined in A. below): Discount ratios (as determined in B. below) applicable to Texas premium subject to this endorsement: Public (excluding school buses), zone rated autos % All other autos (including school buses), garages A. ADDITIONAL DEFINITION B. TEXAS PREMIUM DISCOUNT The following are added to the DEFINITION Section Applicable as follows: and have special meaning for this Texas Premium 1. For policy periods of one year or less. The Texas Discount Endorsement. Standard Premium is subject to the discount ratio 1. Texas Standard Premium means premiums for shown opposite the column labeled "Standard auto liability, auto medical payments and Premium" that appears in the Table of Auto personal injury protection coverages for covered Discount Ratios contained in the Texas autos under the policies shown in this Automobile Manual. endorsement which are subject to Texas rates 2. For policy periods of more than one year. The and premiums, excluding any premiums subject Texas Standard Premium for each annual period to retrospective rating. or portion thereof during the policy period is 2. Standard Premium means all premiums for auto subject to the discount ratio as explained in 1. liability, auto medical payments and personal above. injury protection coverages for covered autos 3. For Texas premium subject to retrospective under the policies shown in this endorsement, rating, the applicable premium discount (using including premiums for those exposures in states the table contained in the Texas Automobile other than Texas, but excluding any premiums Manual) is the difference between: subject to any retrospective rating plan. Page 1 of 2 ® AMERICAN STATES INSURANCE • wd LINCOLN NATIONAL CORPORATION 6-2845 (10-92) NOTICE: A fee of $ is payable in addition to the premium due under this policy. This fee reimburses the insurer, as permitted by 28 TAG §5.205, for the $1.00 fee per motor vehicle year required to be paid to the Automobile Theft Prevention Fund under Texas Civil Statutes, Article 4413(37), §10, which became effective on June 6, 1991. C-AN-I3-PRINT001-0726.0011-E J ® AMERICAN STATES INSURANCE A W d UNCOLN NATIONAL CORPORATION POLICY NUMBER: 04—BA-427429-1 I'IIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII111111 " IIIIII JOHN RICHARD GRAVES DBA GRAVES & GIBSON IND. % DARIN HAMAKER 1401 W 5TH ST PLAINVIEW, TX 79072 Thank you for placing your business with AMERICAN STATES INSURANCE COMPANY OF TEXAS 6-2413 (2-91) CENTRAL REGION 41 ( -347 ) CB INSURED COPY PREPARED 06-13-97 AGT * ®rIAMERICAN STATES INSURANCE • P.M LINCOLN NATIONAL CORPORATK Dear Policyholder, 6-3101 (1-96) We are pleased to offer you a more flexible way to pay your policy premiums with a new billing system we've developed to give you more choice. You can choose to pay a monthly installment or choose to pay any amount greater than the installment, up to the entire account balance. You need not pay any premium at this time. We will mail you a billing statement at a later date. That statement will include: • Your payment options, • A record of your policy activity, and • The policy numbers charged to your account. If you have more than one policy with our company, you may choose to have the premium for any or all of those policies included in one billing statement. If you would prefer a combined statement, please contact your agent. Your agent will be pleased to help you with any other questions you may have concerning this new system. Thank you, American States Insurance Group .......,.. .... .• .... 09/19! 9? .................................. oltoDucea TMS CERTIRCATE M MSLWB AS A MATTER OF MIFORMATM ONLY AND CONFERS NO RIGM& UPON THE C£RTEMATE bdosgaa-Eaves Ayeriey HOLDER TM CER•TFICATE DM NOT AMEND. EXTEND Oft 716 Htoadway ALTER THE COVERAGE AFFORDED 6Y THE POLICIES 861MV I. Pla3aviaw TX 79072 ! COMPAMES AFFOROM COVERAGE _ TOM* Faye �1 powo 06- 96-SS14 F*% 6- 6-59 COMPANY A American Stage Ins. Co. __.• _ WSW= COMPANY " a Ca®arci.al Caanaity x=uraare Staves i Maca Industries COMPANY 9 Darin Hamakez A C 1401 Q 5th COMPANY 1'1aiuviea = 79072 0 6: .............. ....... ....... ........... ............ ....... ....... THM 15 TO CERTIFY THAT THE POLKOES OF NSURANOE LISTED BELOW NAVE SEEN MAUED TO TOE NiSUREO NAMED ABOVE FOR THE P'OLM PERIOD ND"TEC. NOMTHSTANOMX3 ANY REQUYU ENT. TERM OR CONDMON OF ANY QONTRACr OR OTHER OOCLUEF T WITH RESPECT TO WHICH TKS CERTIFICATE 1tiAAY BE 9MUED OR MAY PERTAIN. THE &=RANCE AFFORDED BY THE POLICIES DESCRIBED HEM N IS SUMCT TO ALL THE TM4. EXCUMONS AND CONDMONS OF SUCH POUCIES. LISTS SHOMAN MAY HAVE BEE REDUCEDByPAM CL"AS. o TVPE OF WSURANCE POLOY NUMO®l Y j T Lom I OQNERAL LL43LMV OENERALAMA ELATE $ 2 000 , 000 z CBNMOMALGENERALUMU Y 04-CC-108976-3. 05/30M 05/30/96 X PROO[=-CrOLUKIPAGO $ 2,040.000 "CLAWS WIDE occuR :1,000.000 PEAS L:ACVKAARY OWNS" t CONTRACTO" PROT EACrt o s 1,000,000 RRE DAMAGE ON ose full 950,000 MIEOI:xP(Any mapwa* 95,000 ANYAXO 048A-427429-1 05/30/97 { 05/30/97 COON ED&NOLELUT S1,00 0,000 ALLOWNMAUMS ` i OILYHaaY i $CWMULED AV= NCI A X M AurW j A X NON-OwNEOAUTOS PROPERTY DAMAGE s BAWE LIIBRRY AUTO ONLY- EA ACCIDENT i an0x THAN AIrO ONLY. - _ ..._.... ANY AM EACH ACCDENT s excess LIANLnY FJM4 OCCURF4UJCC : 1 00.0 , 000 A S UNBRELIJLA*01iIA 01SU204505-1 05/30/97" 05/30/98 AGGREGATE s i CrHER THAN UMBRELLA FORM[ W ORKOM COYPMOATM AND WC A e,/PLDYERs LIAAiLRY i EL EADI ACCIDENT S SDG� 00fl H IPROPRETORI r4L 21049755A j 05/30/97 05/30/98 _ 5 600,.000 ELOWME-POLICYLUT' Tt&-RS0QXLMV6 p q I ELCMEASE-EA EMPLOYEE $ 500,000 oFFCOSAM EICCL ! OTma � I t�cwvswN oA: oPEw►TIaN>9A.ocA tries City of I.tsbboaic additional insured. •lvSRTF>lCAis! 3�DEF.t:�: TW4t�: • CZ cr L ANY oP THE ABOVE OF.SCRIBfD Fouees A3L' e;AeICeLL®BeFolteTeel: EXPIRATION MATE THOZ OR, THE M5L2 W COMPANY WILLel =VOA TOWAIL �Q OAlfa WRi7TE71 NOIICETB THE CA,TE HOLDER ItA�ED T07NE LEFT. City Of Lubbock WJT FA[LURE TO MAIL SUCH MOTICE SMALL WPM NO 05"TM OR UAOALtrY Lubbock TY 79404 QFOff "MUPON1NEDOW IWOM Oft RE9RE 0TAna& AYT►iORia:O REPItEbEMTA L>eaa Pi il. .. ..... ......... 't1r1IWe1L�1. (;RAVES & GIBSON INDUSTRIES P.O. BOX 43 PLAINVIEW, TEXAS 79073 STATEMENT OF MONTI ILY RECYCLING ACTIVITY DATE Ilntt Qwnity Ikunptnni I Intt I'mm Date lhlir-d Tcunl Ixnind 1700 Aluminum Cuns a 44/ rwmmd (9/30/97 S748.00 tan 4000 Wwl fans S35.0W ton 04/3(I/97 S X00 p„und 2600 K I Plastic a (I I/p ,und 04/30/97 S260) pound 2600 M2I'lasmc 0.104xxu►d 041.10/97 S260.00 Total $11(40) (WAVES & r11MON INDus IES RESOLUTION NO.5485 Itea #27 May 8, 1997 F6UM -G TEXAS CONTRACT FOR SEPARATION AND OF RECYCLABLE MATERIALS CITY OF LUBBOCK WHEREAS, the city of Lubbock heretofore solicited Request for proposals pursuant to Bid No. 97053 for the separation and composting of recyclable materials, a copy of which is attached hereto as Exhibit A and made a part hereof for all purposes; and WFMREAS, the best proposal for such services was made by Graves and Gibson Industries; NOW THEREFORE: WTTNESSETH: THIS, contract, made this 15 �&_ day of _ - M , 1997, by and between the City of Lubbock, Texas hereinafter called "City," and GraveY & Gibson Industries, hereafter called "GGI." 1. The City hereby hires GGI to perform the duties set forth in the Request for proposals attached hereto as Exhibit A attached hereto and GGI hereby agrees to perform such duties as quoted. In the event of a conflict between the Request for Proposals Terms and Conditions or General Conditions and this Contract, this Contract shall eontroL A copy of GGrs proposal is attached hereto as Exhsbit B for establishing the consideration to be paid by the parties hereto and said exhibit shall be valid for no other purpose. 2. Nothing herein shall be construed as creating the relationship of employer and employee between the City and GGrs employees. GGI shall be deemed at all times to be an independent contractor. In carrying out the terms of this contract, GGI shall select its own employees and such employees shall be and act under the exclusive and complete supervision and control of GOL 3. GGI agrees to indemnify and hold the City harmless from any and all loss or damage and from all claims for injury, death, loss or damage of any kind or character, and by whomsoever suffered or occasioned by or in connection with the activities of GGI or its employees as a result of this contract 4. GGI shall at all times observe and comply with all federal, state and local laws, ordinances and regulations, which in any manner affect the contract or the work. S. Payments for recyclables shall be based on local vendor buying prices and made in accordance with the schedule contained in Exhibit A attached hereto. Payments for separation of recyclables shall be made in accordance with the schedule contained in Exhibit A attached hereto. 6. The terms of this contract shall be for a period of three (3) years and it shall be renewable annually for two additional years. The term shall commence upon the date of execution hereof. 9. If GGI defaults in the performance of any of its obligations hereunder and remains in default for thirty (30) days after receipt of a written notice of such default from the City, the City may declare this contract terminated immediately. contract E:1 The laws of the State of Texas shall control with regard to the interpretation of this 9. GGI shall not assign or sublet this contract without the prior written approval of the City. GGI will not accept this contract unless there is a composting facility that will accept the recyclable material for composting. Contract for Separation and Composting of Recyclable Materials - GGI Page 2 10. The City shall be entitled to inspect GGTs books and records during regular busiaess hours of the City with regard to such matters as are relevant to this contract. Further, the City may require certification of the accuracy of the scales used by GGI as mquired, but not more than two (2) times per calendar year. GRAVES & GIBSON INDUSTRIES BY: ,Z�JOHN RICHARD RAVES MANAGER CITY OF LUBBOCK. FNA ATTEST: TAYTE DARNELL, CT.TY SECR.ETJi,ItY" APPROVED AS TO CONTENT: Contract for Seperation and Composting of Recyclable Materials - GGI Page 3 R1:11 #9700. CgP1rat1.X1 and CCWnP1.g51µ 4 It'v%clahlc NbIL- +al. PROPOSAL SUBMITTAL FORM CITY OF LUBBOCK REQUEST FOR PROPOSALS 997063 Separation and Composting of Recyclable Materials The undersigned hereby offers to furnish and deliver the articles or services as specified herein and in their proposal and proposed contract (ATTACHED) at the terms stated therein and in strict accordance with the specifications, all of which are made a part of this offer. Maximum number of days from signing of contract to inception: 40 THIS PROPOSAL IS VALID FOR .%Q_ DAYS. ACKNOWLEDGE receipt of ADDENDA:#1 41-' #2 AP #34e-- #d Name of Business (Stamp maybe used):A r,kr"" Address: /00• Loy '4'3 City: State:_ Zip 7 9d23 DBE Firm: By Woman Black American Native American Hispanic American I Asian Pacific I American Other (Specify) Authorized Representative - must sign by hand Business Telephone Number_ AyG —,.9.3 — or � Fax Numbers 14? 96 —si 90 The City of Lubbock is always very conscious and extremely appreciative of the time and effort you must have expended to submit a proposal. We would appreciate you indicating on your ONO PROPOSAL' response any requirements of this proposal request which may have influenced your decision to `NO PROPOSAL'. Do not sell this commodity or service Cannot meet specifications. Job too small. Cannot provide required insurance. Bid directs by Manufacturer. Job too large. Cannot provide required bonding. Bidding through dealer. Do not wish to do business with the City of Lubbock. (Letterhead attached with explanation.) 15