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Home My WebLink About1988-0850923L AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING FOR AN EFFECTIVE DATE 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 therefore, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the following competitive bids for the constructfon-of public works or improvements, as described in the IlBid Invitations", "Bid Proposals" or plans and specifications attached hereto are hereby accepted and approved as being the lowest responsible bids BID NUMBER CONTRACTOR AMOUNT 9849 Hasty -Fowler Construction Company 67,145 00 9853 Peach St Tank Painting 19,951 00 SECTION II That 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, after notification of the award of the bid SECTION III That 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 IV That upon acceptance and approval of the above competitive --Ms 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 V That this ordinance shall become effective imme lately upon its passage and approval PASSED AND APPROVED this the 17th day of May, 1988 ATTEST / MAYOR J I r A R, SECRETARY A PROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY a i PAGE TWO DATE May 17, 1988 CITY COUNCIL REPORT TO Mayor and Members of the City Council FROM Lloyd V Harrell, City Manager SUBJECT BID# 9841 - 8 MG RAW WATER PUMP NO 3A RECOISIENDATION We recommend the evaluated low bid for this pump be awarded to Johnston Pump Company in the amount of $58,303 00 this bid has been reviewed by the Public Utilities Advisory Board and recommended for approval SUMMARY This bid with specifications was prepared by our consulting engineers, Freese and Nichols We advertised and received the bids The bids were then evaluated by Freese and Nichols Their recommendation is attached The bid was sent to known suppliers of which we received five acceptable bids BACKGROUND. Evaluation figures and recommendation from Mr Joe Maples of Freese and Nichols Also minutes from the Public Utilities Advisory Board PROGRAMS DEPART140TS OR GROUPS. AFFECTED. the supply of future water to the citizens of Denton, and the completion of the present expansion project FISCAL IMPACT There is no additional impact on the General Fund Respectfully submitted oy Harre 1 City Manager Prepared by a John J Marshall, C P M Ti �' Purchasing Agent A Approved 1 ,, n� Z-'-4 /- j(wime ✓ 'Jofin J Marshall, C P M T1 it e. Purchasing Agent RECEIVED APR 2 5 1988 Fneeese E SIMONR PPE IAMESFREESE REESES E ROBERTL NICHOLS PE AND LEE FREESE PE ROBERTS GOOCH PE IOE PAUL (ONES PE ROBERTA THOMPSONIII PE Nichols ANC TOANTHONY REID PE GARYN REEVES PE CONSULTING ENGINEERS GEORGEE HUMAN PE IOE B MAPES P E W ERNESTCLEMENT PE ELVINC COPELAND PE April 21, 1988 A LEE ELEMING PE A EEHEADIII PE RONNIEM LEMONS PE MICHAELIS MORRISON PE C DIANEPALMER PE ROBERTF PENCE PE Mr C David Ham P E LEOA DOTSON PE DAV DR if Director of Water and OHNL ION SPE IS Wastewater Utilities THOMASC GOOCH PE GARRYH GREGORY PE City of Denton MICHAELL NICHOS PE Service Center/Warehouse 901-A Texas Street Denton, TX 76201 RE Purchase of 8 MGD Raw Water Pump No 3A Bid No 9841 Dear Mr Ham Bids were received on April 7, 1988 for purchase of Raw Water Pump No 3A. The bid tabulation submitted herewith is summarized below with evaluations based on $8,000 per one percent efficiency Delivery Time Ageecv Amount Calendar Days Johnston Pumpp Company, Amount Bid (795% Eff) Evaluated Amt $ 58,303 58,303 210 Smith Pump Company, Amount Bid (798% Eff) Evaluated Amt $ 77,517 75,117 240 Peabody-Flowq, Inc, Amount Bid (76 0% Eff ) Evaluated Amt $ 82,666 110,666 224 Goulds Pumps, Inc, Amount Bid $ 82,915 210 (810% Eff ) Evaluated Amt 70,915 Peerless Pump, Amount Bid $103,675 252 (82 65% Eff ) Evaluated Amt 78,475 We have contacted Johnston Pump Company's representative, Mr Randy Grobe, regarding their low bid and to venty some questions about their bid Questions regarding their bid have now been satisfactorily answered, and their bid is in compliance with the plans and specifications Other remarks regarding the Johnston bid are as follows 1 Total weight of the pumping unit to be 16,445 pounds, in lieu of 12,898 pounds shown in proposal TELEPHONE 817336.7161 811 LAMAR STREET FORT WORTH TEXAS 76102 METRO 817429.1900 Mr C David Ham, P E April 21, 1988 Page 2 Motor is to be US motor with 95 0% efficiency at full load, which is a premium efficiency type motor Johnston will accept the specified guarantee, in lieu of their standard warranty The pump will operate by itself satisfactorily at 170 foot, TDH, delivering about 8,100 pm at about 60 percent efficiency, provided adequate NPSH is available Johnston offers to provide a power factor capacitor to meet the specified minimum power factor The $1,000 quoted for this item has been included in the total bid amount Peerless Pump bid conforms to all the requirements specified and has very high overall efficiency The evaluated amount ranks third from lowest This pump has very desirable head -capacity characteristic curve This proposal appears to be in good and acceptable form Delivery time quoted, 252 calendar days, might need consideration Peerless bid is about 181 times the bid of Johnston However, the present worth of the improved efficiency would not justify paying the extra money to buy the Peerless pump We have been involved in numerous projects somewhat similar to this project whereby Johnston furnished pumping units that have performed satisfactorily We have also checked with the City of Fort Worth where they have had experience with Johnston vertical turbine pumps, and are satisfied with their performance and factory service After consideration of the various factors discussed above, we recommend award of the purchase agreement to Johnston Pump Company at their bid of $58,303 Yours very truly, FREESE AND NICHOLS, INC L)oet Mapes, JBM gwc 007 xc R L. Nichols, P E Snni Sundaramoorthy Jerry Roush Lee Allison EXCERPT FROM MINUTES PUBLIC UTILITIES BOARD May 4, 1988 9 CONSENT AGENDA Each of these items is recommended by Staff and approval thereof will be strictly on the basis of the Staff recommendations Approval of the Consent Agenda authorizes the Executive Director of Utilities or his designee to submit the items to City Council for further review and action A. Bid Openings 1) Bid #9849, Pembrock Street Water Line, replacing 6" with 8"- Hasty Fowler Construction Cc $67,145 2) Bid #9841, Pre -Purchase of Raw Water 8 MGD Pump Unit #3A,-Johnson Pump Company-$589303 3) Bid #98101 Oversize Water Lines- Jesse Coffey, Westgate Hills North Subdivision, $4456 4) Bid #9853, Peach Street Tank Interior Painting & Structural Repair, Owen Painting, $199951 B Change Orders 1) Change Order #12- Denton Water Treatment Plant Upgrade- Phase II, $9963 05- Tonto Construction Company C Contracts 1) Consider Contract for Disposal of PCB Transformers & Capacitors with National Electric APTUS Thompson made a motion to approve the consent agenda Second by LaForte, all ayes, no nays, motion carried May 4, 1988 Q CONSENT AGENDA &I �� ) PUBLIC UTILITIES BOARD AGENDA ITEM TO CHAIRMAN AND MEMBERS OF THE PUBLIC UTILITIES BOARD FROM R E Nelson, Executive Director of Utilities SUBJ CONSIDER BID OPENING -BID #9841 PRE -PURCHASE OF RAW WATER 8 MGD PUMP UNIT #3A RECOMMENDATION The Utility Department and Freese and Nichols, Inc , recommend award of the bid to the lowest qualified bidder -Johnson Pump Company- in the amount of 458,303 SUMMARY Bids were opened April 7, 1988, and the bid tabulation is attached herewith as Exhibit I This bid pertains only to the pre -purchase of an eight MGD pump and motor, and the installation will be under a separate contract Pre -purchasing the pump gives the staff a better control on the selection and reduces contractor's markup BACKGROUND This is an approved 1988 CIP project The raw water pump station has four pumps (3-8MGD and 1-6MGD) with a combined capacity of 27 4 MGD The smallest pump (6 MGD) will be replaced with an eight MGD pump, increasing the total pumping capacity to 32 MGD This is in conjunction with the ongoing water plant expansion to 30 MGD PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED Citizens of Denton, Denton Municipal Utilities, Purchasing FISCAL IMPACT 1988 CIP Budgeted Estimate (Pump & installation) 4200,000 Lowest bid -pump only (this request) 4 58,303 Balance for installation 4141,697 Source of Funds Water Bonds- 623-008-0460-9106 Res a tfully submitted, R E Nel on,,/Executive Director of Utilities Prep., , Srini Sundaramooft Civil Engineer i App v d by C David Ham, Directo Water/Wastewater Util Attachment I Bid Tabulation II Location Nap III FfiN Recommendation SCALEW-Approx 3 Mlles VICINITY MAP � i ■ ; � � � kk( ! ! ! � # " ■ � � & 2 � ■ ! ,�f § e ■ \ � i| /®9E ■ |� q ; : ®■� . !,■- `` �■ § ` E § ! ■�■ | � kLC�- � ^ . ■ ' J| ■| !£� §v|, :E§| !■.; ) MOE! DATE May 17, 1988 CITY COUNCIL REPORT TO Mayor and Members of the City Council FROM Lloyd V Harrell, City Manager SUBJECT Bid# 9849 PEMBROOKE ST 8" WATERLINE RECO194ENDATION We recommend this bid be awarded to the lowest bidder Hasty -Fowler Construction Co , Inc in the amount of $67,145 00 SUMMARY This bid is to replace an old existing 6" waterline, that has experienced many leaks and breaks in the past few years, with a new 8" water line The Public Utility Advisory Board recommended approval of this project at their May 4, 1988 meeting BACKGROUND Tabulation Sheet PROGRAMS DEPARTMENTS OR GROUPS AFFECTED. City of Denton Municipal Utilities, Water Distrt ution System FISCAL IMPACT 1988 CIP Budgeted Funds Account # 620-081-0461-9114 Respectfully submitted L y arrel City Planager Prepared by /IVam o n J Marshall, C P M T"i tl Erl Purchasing Agent Approved i L fZZ mt' o n Marshall, C P M Title, Purchasing Agent 91 OI ml m r i i Rn'li T a 1 MY 1 C] 1 x 1 1 __ _I 1 mil I til �i i TI r i la 0 1 y 1 I 1 1 ti 1 1 1 I 1 I 1 I 1 1 1 1 1 1 1 I I Ni ml vi mi �I SI m i m x i 21 I i 1 1 I +O I I m 1 ti 1 al 1 1 a i i pa i /r vi r� i en i i i i I 1 n u m 1 1 Nf � 1 1 i 1 1 1 1 m n m H m 1 3] 1 C$9 Z S V$1 i 1 S I 1 1 _1 I I r V 1 C I m a 1 g 1 n m � m ne Ir- 1 1 4 0 I I r+ S m 1 1 o m 1 1 1 1 x m m m 1 w c i 1 i 0 ni i o r I�1 1 n H 10 I 1 $ _ 1 1 1 I I 1 T 1 9 t Lill i I .S 1 �I � 1 1 I 1 C m •O I C 1 N n m i z� m m i pz �N I 9 I ti 0 ly 1 I Z _ I I n m i i z ® 1 I _1 _1 i o m m i z i z s i g8- v�5 CONTRACT AGREEMENT STATE OF.TEXAS )( COUNTY OF DENTON ) THIS AGREEMENT, made and entered into this 19 day of MAY _ A.D., 1988 , by and between THE CITY OF DENTON TEXAS 901 B TEXAS STREET, DENTON TEXAS of the County of DEN_ TO N and State of Texas, acting through LLOYD V. HARRELL, CITY MANAGER thereunto duly authorized so to do, Party of the -First Part, hereinafter termed the OWNER, and ,,HASTY FOWLER CONSTRUCTION CO. RICKY FOWLER - PRESIDENT 106 WEST 36th STREET SAN ANGELO, TEXAS 76903 of the City of SAN ANGELO County of TOM GREEN Party of the Second Part, hereinafter and state of TEXAS termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and of the agreements herein eunderedtheoconditionsand express dperformed inythethe bondsParty bearing First part (OWNER)),, and even date herewith, the said Party of the Second Part (CONTRACTOR) hereby agrees with the said Party of the First Part (OWNER) to commence and complete the construction of certain improvements described as follows: PURCHASE ORDFRL' 84628 S67,145.00 and all extra work in connection therewith, under the terms as ro ted er o t and the General Conditions of the agreement; and at his (or their) own tools, expense to furnish all materials, supplies, machinery,equipment, and o superintendence, labor, insurance, other accessories and services necessary to complete the said construction, in accordance with the conditions , and in accordance with all and prices stated in the Proposal attached hereto the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), Instructions to Bidders, and the Performance ordance with the and Payment Bonds, all plats ed hereto, blueprints, and in and othercdrawings and printedlors, which includes all maps, p CA-1 0044b written explanatory matter thereof, and the Specifications therefore, as prepared by CITY OF DENTON ENGINEERING STAFF , , all of which are made a part hereof and collectively evidence and constitute the entire contract. 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. IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. ATTEST: UNNIFEI*WALTERS CCITY SECRETARY ATTEST.: APP ED TO FORM: City Attorney CA-2 0044b CITY OF DENTON, TEXAS arty o the First Part, LLOYD V. HARRELL, CITY MANAGER (SEAL) HASTY -FOWLER CONSTRUCTION, INC. Party of the Second Part, CONTRACTOR (SEAL) PERFORMANCE BOND STATE OF TEXAS )( COUNTY OF Tom Green)( Hasty -Fowler Construction Company, KNOW ALL MEN BY THESE PRESENTS: That Inc. , of the City of San Angelo Tom Green Texas County of Tand State of as PRINCIPAL, and Fidelity & Deposit Company of Maryland , as SURETY) authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto the THE CITY OF DENTON TEXAS as OWNER, in the penal sum of SIXTY SEVEN THOUSAND ONE HUNDRED FORTY- FIVE DOLLARS Dollars ($ 67,145.00 ) for the payment whereof, the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the OWNER, dated the 19 day of MAY 19 88 , for the construction of BID# 9849 PEMBROOKE ST. 8" WATER LINE which contract is hereby referred to and made a dpart hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, the condition of this obligation is such, that if the said principal shall faithfully perform said Contract and shall in all respects, conditions and agreements in and by said contract agreed and covenanted by. the Principal to be observed and performed, and according to the true intent and meaning of said Contract and the Plans and Specifications hereto annexed, then this obligation shall be void: otherwise to remain in full force and effect; PB-1 PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended by acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in DENTON County, State of Texas. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, or drawings 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. IN WITNESS WHEHjEYF, the said JPriincipal and Surety Biave signed and sealed this instrument this day of une , 19_ Hasty -Fowler Construction, Inc. Principal By President Title ,., 1106v-West 36th St. �Address��f �.o- ngelo, Texas 76903 y��Q.•' San;� Fidelity & Deposit Company of Maryland Surety ' c /j Attorney -in -fact Title Address 12222 Merit Drive Suite 1360 Dallas, Texas 75251 (SEAL) (SEAL) The name and address of the Resident Agent of Surety is: Fields Stewart Dolliver P.O. Box 1111, San Angelo, Texas 76902 NOTE: Date of Bond must not be prior to date of Contract. PB-2 0091b The F[DELI"CN" AND DEPOSIT COMPANY OF MARYLAND PPRn) FIDELITY AND DEPOSIT COMPANY L o Companies HOME OFFICES: BALTIMORE, MD. 21203 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT C C PAMY PECOT, MARYLAND, and and theVFIDELITY esidentt,, DEPOSIT COMPANY, corporations of the State o[ Maryland, by pursuance of authority granted by Article VI. Section of ` and C. W. ROBBINS , Assistant Secret in p the respective BY -Laws Of said Companies, which are set forth on the reverse side hereof and are hereby certified to be_W. in full force and effect on the date hereof, do hereby nominate, constitute and appoint Robert L. Walter, .. R d Stewart, Roger M. Dolliver, Herbert^R.THead, J. Matshal-1 Huling, WalterN. Rodgers °n as e a as Mare y, t e e an aw u agar an orney-m- ac o each,-to.maae. exc _ and as its act and deed: any and all bonds and''tindertakings... EXCEPT bonds on behalf o Independent Executors, CommunitySuir8 4ors and,•;Communit Guardians. , n t e execution of such bonds or undertakings grpursuance of,them presents, shall be as binding upon said Companies, as frilly and amply, to all intents and pttrposes,_as, S'.they.had been duly executed and acknowledged by the regularly elected officers of.the respective Companies at their -,.offices in Baltimore, Md., in their own proper persons. hat issued on behalf of -Robert This power of attorney revokes tL. Field, etal,_ dated, August 19, 1985 IN WITNESS WHEREOF, the said Vice -Presidents and Assistant Secretaries have hereunto subscribed their names and affixed the Corporate Seals er of the said FIDELITY AND DEPOSIT eC OMPANY OF MARYNovLAND and the FIDELITY AND DEPOSIT COMPANY 19 this 12th Y ATTEST: FIDELITY AND DEPOSIT COMPAN}j OF M YL Y �I -SEAL \_'<��'�N�u"a By ice -President ' .Assistant Secretary FIDELITY A7ALPre4aidem:(____ PANY ' BY Assistant Secretary STATE OF MARYLAND ; SS: - CITY OF BALTIMORE in - .�.this 12th day cf November , A.D. 19 87 ,before the subscriber, a Notary Public of the State of Maryland. L- and for the City of Baltimore. dulymmmiseiotied and gnaldied, came the above -named Vice.Presidents and Assistant Secretaries of the to be FIDELI- TY AND DEPOSIT COMPANY OF MARYLAND and the FIDELITYe m DE and they eachPOSIT packnowledged the exeANY. to me cutily on of the same. individuals and officers described herein and who executed the precedingare the and being by. me duly sworn, severally and ieach for nstnime t are the Corporate Sealf depowth and le ofmidCompanies, at theytand ithat the mid Corporate Sea end imd that the acids affixed to the "preceding ent b the authority and direction of the said Corporations. then. aignetitree u such Office"' were duly affued and subscribed to the said instrument Y e C• o Baltimore the y and Year . IN TESTIMONY WHEREOF, I have hereunto set hand and affixed my OI(jaLS.aF*r `,e`7� J' rust above written. v ,. s� / ��/a,•✓ Nbfary Public � - Y t [ 1900- . �'•... u`' - My. commission expires CERTIFICATE I, the undersigned Aeeistam Secretary' of the FIDELITY AND DEPOSIT OF MARYLAND ue and roFrt�EcaP�AND fullforceand ted the mid Power of Attorney were Vice - COMPANY do hereby certify that the original Power of Attorney of which the foregoing effect on the date of this certificate; end I do further certify thapain en Attorney -in -Fact torrneey-in Fact as provided o Article VI. ts who Section 2 of the respective Presidents specially authorized by the Board of Directors to appo Ye FIDELITY AND By -Laws of the FIDELITY AND DEPOSIT E acsimile una r and by authority of resolutions of the Board f DirectorPANY OF MARYLAND and th s Itl a FIDELITY AND This certificate may be sign Y 1969 and of the Board of Directors DEPOSIT COMPANY OF MARYLAND at a meeting duly caged and held on the 16th da2nd day of y of duly.. whether made heretofore of the FIDELITY AND DEPOSIT COMPANY at a meeting duly hf Amistart S and held on eSerieury of the Company, 1478. _ RESOLVED:'"fhat the facsimile or mechanica0y reproduced signatureissued by the Company: shall be valid and binding upon or hereafter, whenever appearing -upon a certified copy of any power of attorney _ the Company with the same force and effect as though manually affixed." I( TESTIMONY WHEREOF. I have hereunto subscribed my name and affixed the corporate seal t seid.0 ee, this St June 19_88 day of �Q Assistant Secretary. 168-6756 PAYMENT BOND STATE OF TEXAS T COUNTY OF Tom Green KNOW ALL MEN BY THESE PRESENTS: That _ Angelo of the City of San om reen Texas County of , and State of Fidelity & Deposit Company of Maryland Hasty -Fowler Construction, Inc. as principal, and authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto THE CITY OF DENTON TEXAS OWNER, in the penal sum of SIXTY SEVEN THOUSAND ONE Dollars C$ 67,145.00_ HUNpRLD FO -FI R for the payment whereof, the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, by thes presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the 19 day of MAY 19 88 BID# 9849 - PEMBROOKE STREET 8" WATER LINE to which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the claimants supplying labor and material to him or a said Principal shall pay all then in subcOf thisoobligation shall beovoid, otherwise to the rremain in k provided r in thefullforcesand effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the Article 5160 of the revised Civil Statutes of Texas as amended by the provisions of Legislature, Regular Session, 1959, and all liabilities on this acts of the 56th Art bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. PB-3 Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications or drawings accompanying the same, shall in anywise affect its obligation on this bond, and it does hereby sion of time, alteration or addition to the waive notice of any such change, exten terms of the contract, or to the work to be performed thereunder. IN WITHNESS WHEREOF, the said Principal and Surety have a signed and 1st day of June 19 sealed this instrument this ` y Hasty- Fowler Construction, Inc Principal By President Title 106 West 36th St. Fidelity & Deposit Company of Maryland Surety � %�1,.. ! "wx Attorney -in -fact Title Address 12222 Merit Drive The name and address of the Resident Agent of Surety is: Fields Stewart Dolliver P.O. Box 1111, San Angelo, Texas 76902 PB-4 0092b (SEAL) The FIDELITY AND DEPOSIT COMPANY OF MARYLAND 0�',; �J / FIDELITY AND DEPOSIT COMPANY c Companies HOME OFFICES: BALTIMORE. MD. 21203 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT C C PANMY OF PECOT,LAND, and the FIDELITY AND DEPOSIT COMPANY. corporations of ilia State of Maryland, byVI, and C. W. ROBBINS - Assistant Secretary, in pursuance of authority granted re Article certified Section 2 of the respective By -Laws of said Companies, which are set forthons(ite never aprpoint hereof it are Fie 1ds,e Don be in full force and effect on the date hereot, do hereby nominate.,. g Walter N. Rodgers Stewart, Roger M. Dolliver, Herberr-trt nR. THeatd, J. Marshall Hulin^,°°'Ls e a as sure y, the true nun -e-•-- --- - - and as its act and deed: any and all bonds ac Independent Executors, Community Sti171 ..EXCEPT bonds on behalf of n t e execution of such bonds or undertakings, impiusuance of,theee presents, shall be as binding upon said Companies, es: es if they had been -duly executed and acknowledged by the regularly elected as fully and amply, to all intents and purpos pffi"a in Baltimore. Md.. in their own proper persons. officers of the respective Companies at their:s that issued on behalf of Robert L. Field, This power of attorney revoke'etal, dated, August_19, 1985 ir names and affixed IN WITNESS WHEREOF, the said V,ce-Piesidents aniiA astant Secretaries have hereunto subscribed the the CorporateSealsof the said FIDEIi1,TY AND DEPOSIT COMPANY OF MARYLAND a Nb and the FIDELITY AND DEPOSIT A.D. 19B Y this— 12th�'-3ay of ATTEST: FIDELITY AND DEPOSIT COMPAN OF M YL Assistant Secretary . FIDELITY AND IT MPANY By President Assistant Secretary STATE OF MARYLAND ; SS: CITY OF BALTIMORE NOVember. , A.D. 19 87 , before the subscriber, a Notary Public of the State of Maryland, in On this 12th day oI arid for the City of Baltimore, duly commissioned and qualified. came the above -named Vice-Presidmia and Assistant Secretaries of the to be the FIDELI- TY AND DEPOSIT COMPANY OF MARYLAND and the FIDELITY AND DE �Od they eachpacknowledged the exANY, to me alacutionof the same, individuals and officers described herein and who executed the preceding mith, that they _ the and being by me drily swum, savim aforesaid, e and metrtunens are the Corporatlf depseth e Sea of said Companies, rand (that the sal Corporate Seals and and that the male affixed to the preceding rations. their signatures ns such offices were drily affixed and subecnbtd to the avid instrument by the authority and directiBaltimorethe �y end year IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Of(; •alsaa'a first above written. sari s Nbifary Public F K , 1290 •'• My commission expires July I` CERTIFICATE Secretary of the FIDELITY AND DEPOSIT OF MARYLAND and the FIDELITY AND DEPOSIT I, the undersigned Assistant COMPANY do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and executed the mid Power of Attorney were t the ts Prect ontt ae date o authorized by he Board of Directors to pP°; and I do further certify em any uomeydut-FaM�as provided inArti le VI, Section 2 of the respecttve By -Laws of the FIDELITY AND bDE OSI le under COMPANY and by authority of iresolutions of the Board of, FIDELITY Directors DEPOSITCOMPANY. FIDELITY AND This certificate may be sign Y on the DEPOSIT COMPANY OF MARYLAND at a meeting duty nsdu�l and held held toa the n 2nd day of November, I19 8. e Board of Directors of the FIDELITY AND DEPOSIT COMPANY at a meeting Assistant Secretary of the Company, whether made heretofore RESOLVED: "That the facsimile or mechanically reproduced signature of any issued by the Company, shall be valid and binding upon or hereafter, whenever appearing upon a certified copy of any power of attorney the Company with the same force and effect as though manually affixed." e -and affixed the corporate seals of the said Companies, this IN TESTIMONY WHEREOF, I have hereunto subscribed my — Ist_ day of June 19_88 Assistant Secretary 168-6756 PfAINTENANCE BOND STATE OF TEXAS )� COUNTY OF Tom Green ): KNOW ALL MEN BY THESE PRESENTS: THAT Hasty -Fowler Construction, Inc. as Principal, and Fidelity & Deposit Co. of Maryland a Corporation authorized to do business in the at Texas, as Surety, do hereby acknowledge themselves to be held and boundstsupay unto unto sors the City of Denton, A Municipal Corporation of the State of Texas, and assigns, at Denton, Denton County, Texas the sum of SIX THOUSAND SEVEN10i o£ Dollars 6.714.00 HUNDRED FOURTEEN DOLLARS rinci al and the total amount of the contract for the payment of which sum said P P and surety do hereby bind themselves, their successors and asssi s, jointly severally. This obligation is conditioned, however, that: WHEREAS, said Hasty -Fowler Construction, D i„. has this day entered into a written contract with the said City of Denton to build and construct BIDS/ 9849 PEMBROOKE ST. 8" WATER LINE which contract and the plans and specifications therein mentioned, acopreu wy 1___ City of Denton, are filed with the City Secretary of said City and are hereby expressly incorporatd herein by reference and made a part hereof as though the same were written and set out in full herein, a WHEREAS, under the said plans, specifications, and contract, it is provided that the Contractor will maintain and keep in good repair period year the fromork therein contracted acceptance obe ther of doneand do performed lm the date of necessary backfilling that may become necessary in connection therewith and do all necessary work toward the repair of any defective condition growing out of or arising from the improper construction of the improvements contemplated by said contractor on constructing the same or on account of improper excavation or backfilling, it being understood that the purpose of this section is to cover all defective conditions arising by reason of defective materials, work, or labor performed by said Contractor, and in case the said Contractor shall fail to repair, ir, reconstruct work accordanintain with said said improvements it is agreed that the City may contract and supply such materials and charge the same against the said Contractor and its surety on this obligation, and said Contractor and surety shall be subject to the in said f said Contractor mto a comply with the contract terms and provisions failure of saidh a contract and this rt obond. MB-1 0093b _-- -- _ _ --- - NOW,-- THEREFORE-, if the said agreement to maintain said construction and keep same period of one (1) year, as herein and said contract shall be null and void and have no further effect; force and effect. Contractor shall perform its in repair -for -the maintenance- --- provided, then these presents otherwise, to remain in full It is further agreed that this obligation shall be a continuing one against the Principal and Surety and that successive recoveries may be had hereon for successive breaches of the conditions herein provided until the. full amount of this bond shall have been exhausted, and it is further understood that the obligation to maintain said work shall continue throughout hr ughoutn anymasaid maintenance period, and the same shall not be changed, diminished affected from any cause during said time. IN WITNESS WHEREOF the said Hasty -Fowler Construction, Inc. as Contractor and Principal, has caused these presentsFi�elity & DeF and the said as sVetK, ha eraused these this day of SURETY: I by sit Presents to oe execuceu �y and the said Attorney -in -Fact has hereunto set his hand 19_ Fidelity & Deposit Co. of Maryland 0093b PRINCIPAL: HB-2 Hasty -Fowler Construction, Inc. Ricky Fowler, President The FIDELITY AND DEPOSIT COMPANY OF MARYLAND FIDELITY SAND DEPOSIT COMPANY o � Companies HOME OFFICES: BALTIMORE. MD. 21203 POWER OF ATTORNEY KNOW .ALL MEN BY THESE PRESENTS: That the FIDELITY .AND DEPOSIT COMAN C P MY F MARYLAND. and they cFIDELITY ND DEPOSIT COMPANY, corporations of the Staten[ Maryland. by ursuance o[ authority granted by Article VI. Section 2 0[ and C. W. ROBBINS , Assistant Secretary, in p the respective By -Laws of said'Companies, which are set forth on the reverse side hereof and are. hereby certified -to be in full force and effect on the date hereof. do hereby nominate,, constitute and appoint Robert L. Fields, Don W. Stewart, Roger M. Dolliver, Herbert^R.THdacd,FJ. Marshall Huling,^Walter N. Rodgers .. v a 3nrP. V- t e e an aw u agar an orney-m- ac o each, faanaxe, excu. .g I— ---- ---- - - and.as its act and deed: any and all bonds and?'undertakngs...EXCEPT bonds on behalf of Independent Executors, Community Surtivors at1d,�'Eott®unit Guardians Lhasa presents, shall be as binding upon said Companies, duly executed and acknowledged by the regularly elected Md., in their own proper persons. This power of attorney revokes: -that issued on behalf of Robert L. Field, etal, dated, August 19, 1985 \f IN WITNESS WHEREOF, the mid Vrce-Rrisrdents and -Assistant Secretaries have hereunto subscribed then names and affixed- _ the Corporate Seals of the said FIDELITY AND DEPOS aeCOMPANY OF MARYLANDandthe FIDELITY AND DEPOSIT COMPANY 12th Y ATTEST: AND �� FIDELITY AND DEPOSIT COMPAN}j OF M YL BY : - - - tee -President Assrstant Secretary OMPANY FIDELITY ABYre'ent Assistant Secretary - STATE OF MARYLAND 1 SS: - - CITY OF BALTIMORE , On this 12th day of November- , A.D: 19 87 . before the subscriber,, a Notary Public of the State of Maryland, in and for the City of Baltimore, duly commissioned and qualified, came the above -named Vice -President. and Assistant Secretaries of theFIDELI- TY AND DEPOSIT COMPANY OF MARYLAND and the FIDELITY AND DEL�Oa ItiTtCOMPANY, ch aowledged the execution of the samein be e, - individuals and officers described herein and who executed the. preceding and being by me duly swom,xverally end each for himself deposethrate Sea of st they we the aid Companies, mid andHdtat the mid CCorporate Seals d and that the seals affixed to the preceding instrument we the Corporate _rations. fates as such officers were duly affixed and subscribed to the said instrument by the authority d direction tithe said C.ny and ear. their signatures e C- o Baltimore theAny Y 1N TESTIMONY WHEREOF. I have hereunto set my Fnd and affixed my. O r a[�"t' feet above written. - t. / . aau,e s N Public .. . My commission expires July I - 1290 CERTIFICATE I, the undersigned Assistant Secxatary of the FIDELITY AND DEPOSIT OF MAR a full, �8° and cord the rect copYYAND DEPOSIT in f force anis d COMPANY do hereby certify that the original Power of Attorney of which the foregoing effect on the date of this certificate: and I do further certify that the Vice-Prescle VI, Section 2 of the respective idents who executed the said Power of Attorney were Vhx- Presidents specially authorized by the Board of Directors to appoint any Attorney-m-Fact as provided in Arti. FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the FIDELITY AND DEP By-laws'of the FIOSIT COMPANY. - . Thin certificateFImay. be signed by facsimile tinder end by authority of resolutions. of the Board of Directors of. the FIDELITY AND - DEPOSIT COMPANY OF MARYLAND at a meeting duly cad and l iddlend h d on the 2nd day of November, y of July, 1969 and of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY at a meeting Y signature of any Assistant Secretary of the Company, whether trade heretofore _ RESOLVED: -niat the facsimile or mechanically reproduced signs or hereafter, whenever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and It. ding upon for and effect as though manually affmy name end affixed the corporam the Company with the same corporate Ls of the said Companies, this IN TESTIMONY WHEREOF, I have hereunto subscribed my - St day of June 19_88 ASSISESLU Secretary. 168-6756 n t e execution of such bonds or unaerraxtuga to Y_--, as fully and amply, to all intents and -purposes: as iE=they had officers of the respective Companies at thei;fofficis in Baltic CITY OF DENTON MINIMUM INSURANCE REQUIREMENTS INSURANCE: Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted work and/or material has been completed/delivered and accepted by the City of Denton, owner, the minimum insurance coverage as indicated hereinafter. Satisfactory certificate(s) of insurance shall be filed with the Purchasing Department prior to starting any construction work or activities to deliver material on this Contract. The certificate(s) shall state that thirty (30) days advance written notice will be given to the Owner before any policy covered thereby is changed or cancelled. The bid number and title of the project should be indicated, and the City of Denton should also be listed on all policies as an additional named insured. To avoid any undue delays, it is worth reiterating that: o Thirty (30) days advance written notice of material change or cancellation shall be given; o The City of Denton shall be an additional named insured on all policies. I. Workmen's Compensation and Employer' s_Liability. This insurance shall protect the Contractor against all claims under applicable state workmen's compensation laws. The Contractor shall also be protected against claims for injury, disease, or death of employees which, for any reason, may not fall within the provisions of a workmen's compensation law. The liability limits.shall not be less than: o Workmen's Compensation - Statutory o Employer's Liability - Statutory II. comprehensive Automobile Liability. This insurance shall be written in comprehensive' form and shall protect the Contractor against all claims for injuries to members of the public and damage to property of others arising from the use of motor vehicles licensed for highway use, whether they are owned, nonowned, or hired. The liability -limits shall not be less than: o A combined single limit of $500,000 III. Comprehensive General Liability. This insurance shall be written in comprehensive form and shall protect the Contractor against all claims arising from injuries to members of the public or damage to property of others arising out of any act or omission of the Contractor or his agents, employees or subcontractors. CI-1 Insurance Requirements page two To the extent that the Contractor's work, or work under his direction, may require blasting, explosive conditions, or underground operations, the comprehensive general liability coverage shall contain no exclusion relative to blasting, explosion, collapse of buildings, or damage to underground property. The liability limits shall not be less than: o A combined single limit. of $500,000 rV. Owner's Protective Liability Insurance Policy. This insurance shall provide coverage for the Owner and its employees, in the name of the City of Denton, for liability that may be imposed arising out of the work being performed by the Contractor. , This also includes liability arising out of the omissions or supervisory acts of the Owner. Although this insurance is strictly for the benefit of the Owner, the Contractor is responsible for obtaining it at his expense. The liability limits shall not be less than: o A combined single limit of $500,000 INSURANCE SUMMARY: The Contract shall provide insurance to cover operating hazards during the period of placing the facility in operation and during testing, and until such time as the facilities are completed and accepted for operation by the Owner and written notice of that fact has been issued by the Owner. Approval of the insurance by the Owner shall not in any way relieve or decrease the liability of the Contractor hereunder. It is expressly understood that the Owner does not in any way represent that the specified limits of liability or coverage or policy forms are sufficient or adequate to protect the interest or liabilities of the Contactor. Again, the Owner shall be given a certificate of insurance indicating that all of the above policies and the appropriate limits are indeed enforced. The certificate shall also indicate that the Owner will be given at least thirty (30) days written notice of cancellation, non -renewal, or material change of the required insurance coverage. All responsibility for payment of any sums resulting from any deductible provisions, corridor or self -insured retention conditions of the policy or policies shall remain with the Contractor. The Contractor shall not beqin any work until the Owner has reviewed and approved the insurance certificates and so notified the contractor directly in writing. Any notice to proceed that is issued shall be subject to such approval by the Owner. CI-2 O1/13/87 CERTIFICATE OF INSURANCE CITY OF DENTON Name and Address of Agency Fields Stewart Dolliver P.O. Box 1111 San Angelo, Texas 76902 Phoe915-655-5656 Name and Address of Insured: Hasty -Fowler Construction, Inc. 106 West 36th St. San Angelo, Tx 76903 Phor 915-655-6422 City of Denton Reference: Pembrooke St. 8" Water Line Project Name: 84628 Project No: Denton Project Location: Managing Dept: Canpenies Affording Coverage. A United States Fire B C This is to certify that policies of insurance listed below have been issued and are in force at this time. Expiration Limits of Liability Luny T of Insurance Poll Number Date Date In Thousands (am) Comprehensive Bowel Liability 5430297933 3/16/89 Occurrence A Occurrence - Claims Made (sea i2-reverse) Bodily Injury Hroad Form to Includes Property Damage $ - Premises/Operations x Independent Contractors x Products/Completed Operations Bodily Injury and Property i xPersonal injury Ones"Combinnad x Contractual Liability (sae il-reverse) x Explosion and Collapse Hazard Each Occurrence ' 2,000,000. XUnderground Hazard General Aggregate - Liquor Liability Coverage x Fire Legal Liability (see i3-reverse) x Broad Form Property Dun" - Professional Errors/Omissions - occurrence - claims made (seat2-reverse) Comp ralwnsIva Automobile 1335417012 3/16/89 Bodily Injury/Person Bodily Injury/Accident S f A Liability — Property Damage ± xOwned/Leased Automobiles Bodily Injury/Property 1,000,0' $ xNon-owned Automobiles XNired Automobiles Damage Combined A x pensation and workers Com 08496814 3/20 89 Statutory Amount 500,0 ' xEmployers' Liability accident other Insurance Description of Operations/Locations/Vehicles. The City of Denton is an additional insured as its interest may appear as defined on the reverse side. Naar and address of Certificate Holder. MY • !B • 1� I'• FYI !D �• Ira •o • . 1 film i 19J1IVZ1--' - 'A M Ar ,.�.. o �d ;x y , 1• ,US6g CI-3 1 _ . � I� GENERAL LIABILITY POLICY Ro .1 nft 1. NAMED INSURED AND ADDRESS City of Denton Purchasing Agent 901—B Texas Street Denton, Texas 76201 DEI Date Issueu: v 3. THIS INSURANCE POLICY IS ISSUED BY: M United States Fire Insurance Company ❑ The North River Insurance Company ❑ Westchester Fire Insurance Company ❑ International Insurance Company ❑ Mt. Airy Insurance Company 0 Crum & Forster Gr Commercial Insurance 12.01 A.M. Standard Time at Your M Producer Name and Address Fields—Stewart—Dolliver P.O. Box 1111 San Angelo, Texas 76902 0226j49 E1 4. FORM OF BUSINESS: ❑Individual ❑Joint Venture ❑Partnership M Organization (Other than ��c nocraionnnl. City of Denton 1.Tto return for the payment of premium, and subject to all the terms of this policy, we agree wltn you provide the insurance as stated in this policy. is policy consists of the following coverage perils) for which a premium is indicated. is premium may be subject to adjustment. p rt Declarations Form Coverage Part(s) Commercial General Liability Coverage Part Products/Completed Operations Liability Coverage Part Owners and Contractors Protective Liability Coverage Part Commercial Auto Coverage Part Liquor Liability Coverage Part Railroad Protective Liablity Coverage Part Other (Specify) 7. FORMS AND ENDORSEMENTS APPLICABLE TO ALL COVERAGE FM101.0.867 Advance Premium If Paid In B. Total $ 235.00 Is Installments, Premium Due: e, incaution $ ❑ Direct Bill ❑ See Premium raymom Audit Period: Annual (unless otherwise stated): __. ., .,.._...,.i., nco.ni-Annual ❑OthE im Coverage a (Number and Edition Date) CL 152 (11-85) (Number and Edition Date) No: Fie'yds-S ewer - lye' Abov: or Joint Venture Advance Premium $235.00mp FM 101.0.489 (8186) PRINT DATE (7-87) Terr #9 Countersigned by: AUIt 111ea flepmsenULw OWNERS AND CONTRACTORSDECLARE OI E LIABILITY COVERAGE PART Effective Date: Policy No. 12:01 A.M., Standard Time DESIGNATION OF CONTRACTOR Designation of Contractor and Mailing Address Hasty Fowler Construction, Inc. 106 West 36th Street San Angelo, Texas 76903 Pembrook Street Denton, TX Aggregate Limit Each Occurrence Limit Form of Business: ❑ Individual ❑ Joint Venture ❑ Partnership Business Description«: Construction Operations Owner (not railroads — excluding operations on 16292 boardships) $ 1 000 Uuu $ _ 500,000 L13 Organization (Other than Partnership or Joint Venture) Total Cost $67,145 •729 235. 235.00mp FORMS AND hNUUKbemu.ra w,„E, - ..--- Part and made part of this policy at time of issue: Forms and Endorsements applying to this Coverage IL-00-21; CG-00-09; CG-28-40; CG-28-24; CG-28-55; —Inclusion of date optional. "Information omitted if shown elsewhere in the policy. THESE DECLARATIONS ARE PART OF THE POLICY DECLARATIONS CONTAINING THE NAME OF THE INSURED AND THE POLICY PERIOD. r CL 152 (Ed. 11-85) Includes copyrighted material of Insurance Services office, Inc., with its permission. Copyright, Insurame SehricesOffice. Inc., 1994 COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subjecDt to he following INSPECTIONS AND SURVEYS A. CANCELLATION ht We have the rig GU 276a (11-85) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. IL 00 21 1185 NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT (Broad form) This endorsement modifies insurance provided under the following: BUSINESSOWNERS POLICY COMMERCIAL AUTO COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART FARM COVERAGE PART PROD UCTSlCOMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART SPECIAL PROTECTIVE AND HIGHWAY LIABILITY POLICY NEW YORK DEPARTMENT OF TRANSPORTATION 1. The insurance does not apply: A. Under any Liability Coverage, to "bodily injury" or "property damage": (1) With respect to which an "insured" under the policy is alsoan insured under a nuclear energy liability policy issued by Nuclear En- ergy Liability Insurance Association, Mutual Atomic Energy Liability Underwriters, Nu- clear Insurance Association of Canada or any of their successors, or would be an in- sured under any such policy but for its ter- mination upon exhaustion of its limit of lia- bility; or (2) Resulting from the "hazardous properties" of "nuclear material" and with respect to which (a) any person or organization is re- quired to maintain financial protection pur- suant to the Atomic Energy Act of 1954, or any law amendatory thereof, or (b) the .,in- sured" is, or had this policy not been issued would be, entitled to indemnity from the United States of America, or any agency thereof, under any agreement entered into by the United States of America, or any agency thereof, with any person or organiza- tion. B. Under any Medical Payments coverage, to ex- penses incurred with respect to "bodily injury" resulting from the "hazardous properties" of "nuclear material" and arising out of the opera- tion of a "nuclear facility" by any person or organization. C. Under any Liability Coverage, to "bodily injury" or "property damage" resulting from the "haz- ardous properties" of "nuclear material if: (1) The"nuclear material" (a) isat any "nuclear facility' owned by, or operated by or on be- half of, an "insured" or (b) has been dis- r charged or dispersed therefrom; (2) The "nuclear material" is contained in "spent fuel" or "waste" at any time possessed, handled, used, processed, stored, transported or disposed of by or on behalf of an "insured"; or (3) The "bodily injury" or "property damage" arises out of the furnishing by an "insured" of services, materials, parts or equipment in connection with the planning, construction, maintenance, operation or use of any "nu- clear facility", but if such facility is located within the United States of America, its ter- ritories or possessions or Canada, this exclu- sion (3) applies only to "property damage" to such "nuclear facility" and any property thereat. 2. As used in this endorsement: "Hazardous properties" include radioactive, toxic or explosive properties; "Nuclear material" means "source material", "Spe- cial nuclear material" or "by-product material"; "Source material", "special nuclear material", and "by-product material" have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof; "Spent fuel" means any fuel element or fuel compo- nent, solid or liquid, which has been used or exposed to radiation in a "nuclear reactor";. "Waste" means any waste material (a) containing "by-product material" other than the tailings or wastes produced by the extraction or concentration (over) HeHT1 1983, 1984 �� •� Copyright, Insurance services office, Inc., remises where such equipment or, device. is of uranium or thorium from any ore processed located consists of or contains more than 25 (b) manly for its "source material" content, and (b) g rams of plutonium or uranium 233 or any com- resulting from the operation by any person or organi- bination thereof, or more than 250 grams of zation of any "nuclear facility" included under the uranium 235; first-two-paragraphs-of-the-definition-of_nuclear_ (d) Any structure, basin, excavation -premises -or — facility". place prepared or used for the storage or dis• "Nuclear facility" means: posal of "waste"; (a) Any "nuclear reactor"; and includes the site on which any of the foregoing is (b) Any equipment or device designed or used for located, all operations conducted on such site and (1) separating the isotopes of uranium or plu- all premises used for such operations; .. tonium, (2) processingor utilizing "spent fuel", "Nuclear reactor" means any apparatus designed or (3) handling, processing or packaging used to sustain nuclear fission in a self-supporting "waste"; chain reaction or to contain a critical mass of fis-: (c) Any equipment or device used for the process- sionable material; ing, fabricating or alloying of "special nuclear "Property damage" includes all forms of radioactive material" if at any time the total amount of such of property. material in the custody of the "insured" at the contamination J, .:ic 91i :j 5n 71 �� Zi CL 102 CG 00 09 11 85 OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM OPERATIONS OF DESIGNATED CONTRACTOR COVERAGE FOR Various provisions of this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. "you" "your" refer to the Named.lnsured shown In the Declarations. The words Throughout this policy the words and "we", "us" and "our" refer to the Company providing this insurance. as such under SECTION 11—WHO IS AN.INSURED. The word "insured" means any person or organization qualifying p.marks Refer to SECTION V—DEFINITIONS. Other words and phrases that appear,in quotation have special meaning. or intended from the standpoint of the insured. SECTION I —COVERAGES This exclusion does not apply to "bodily injury" BODILY INJURY AND PROPERTY DAMAGE LIABILITY resulting from the use of reasonable force to protect persons or property. 1. Insuring Agreement. " a.' paygated those becomes b. t'damthe ages "Bodily injury" or "property damage" for which insured is obligated to pay damages by, rea- egwill b legally obligated to pay as damages because of to pay a "property tdamage" to which the son of the assumption of liability in a contract or to "bodily injury" or this insurance- applies. No other obligation or agreement. This exclusion does not apply liability to pay sums or perform acts or services is explicitly provided for under liability for damages: (1) Assumed in a contract or agreement that is covered unless SUPPLEMENTARY PAYMENTS. This insurance an "insured contract"; or. applies only to "bodily injury" and "property (2) That the insured,would have in the absence damage" which occurs during the policy period. of the contract or agreement. The "bodily injury" or "property damage" must "occurrence" and arise out of: c. , "Bodily injury" or "property damage" which oc- be caused by an curs after the earliest of,the following times: (1) Operations performed for you by the "'contractor" the location specified in the (1) When all "work" on the project (other than at service, maintenance or repairs) to be per- Declarations; or formed for you by the "contractor" at the (2) Your acts Or omissions in connection with site of the covered operations has been corn - the general supervision of such operations. pleted; or ., We will have the right and duty to defend any (2) When that portion of the "contractor's" "suit" seeking those damages. But: .."work", out of which the injury or damage (1), The amount we will pay for damages is lim- arises, has been put to its intended use by ced as described in SECTION III any person or organization. This exclusion to any contractor or sub- OF INSURANCE; ,, does not apply working directly or indirectly for (2) We may investigate and settle any claim or contractor the "contractor" or as part of the same "suit" at our discretion: and project. (3) Our right and duty to defend end when we limit of insur- d. "Bodily injury" or "property damage"arisingout have used up the applicable ance in the payment of judgments or settle- of your, or your employees' acts or omissions supervision of "work" per- menu.. other than, general formed for you by the ; 'contractor". b. Damages because of "bodily injury" include or organization e. Any obligation of the insured under a workers damages claimed by any person for care, loss of servicesocdeath resultingat any compensation, disability benefits or unemploy- law or any similar law. time from the "bodily injury". ment compensation c. "Property damage" that is loss of use of tangible is not injured shall he I. "Bodily injury" to: (1) An employee of the insured arising out of property that physically deemed to occur at the time of the "occurrence" and in the course of his employment by the that:caused it. insured; . 2. Exclusions. ,(2) The spouse, child; parent,brother, or sister as a consequence of (1) This insurance does not apply to' of that employee a. "Bodily injury" or ,property damage" expected above. AUTMENiIc Copyright Insurance Services Offices, Inc.. ]984 his exclusion applies: i r r` (1) Whether the insured may be liable as an employer or in any other capacity; and t (2) To any obligation to share damages with or repay someone else who must pay damages because of'the injury. This exclusion does not apply to liability as- sumed by the insured under an "insured con- tract". g. "Property damage" to: (1) Property you own, rent, or occupy; (2).. Property loaned to you; . (3) Personal property in your i care, custody or control; or (4) "Work" performed for you by the "con- tractor".' h. "Bodily injury" or "property damage" due to war, "whether or not declared, or any act or condition incident to war. War includes civil war, insurrec- tion, rebellion or revolution. This exclusion ap- plies only to liability assumed under: (1) An "insured contract"; or (2) Expenses for first aid. " i. "Bodily injury" or "property damage" arising out of the use of "mobile equipment" in, or while in practice or preparation for, a prearranged racing, speed or demolition contest or in any stunting activity. . j. (1) "Bodily injury" or "property damage" aris- ing out of the actual, alleged or threatened discharge, dispersal, release or escape of pollutants: (a) at or from premises you own, rent or occupy;* (h) at or from any site or location used by or for you or others for handling, storage, disposal, processing or treatment of waste; (C) which are at any time transported, han- dled, stored, treated, disposed of, or processed as waste by or for you or any person or organization for whom you may be legally responsible; or (d) at or from any site or location on which you or any contractors or subcontractors working directly or indirectly on your behalf or performing operations: (i) if the pollutants are brought on or to the site or location in connection with such operations; or :(ii) if the operations are to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize the pol- lutants. (2) Any loss, cost, or expense arising out of any governmental direction or request that you test for, monitor, clean up, remove, contain, treat, detoxify or neutralize the pollutants. Pollutants means any solid, liquid, gaseous or thermal irritant or contaminant, including -smoke, vapor, soot, fumes, acids, alkalis, chem- icals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. k. "Property damage" to "impaired property" or property that has not been physically injured, arising out of: (1) A defect, deficiency, inadequacy or dan- gerous condition in "work" performed for you by the "contractor"; or• ' (2) A delay or failure by you or anyone acting on your behalf to perform a contract or agree- ment in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and acci- dental physical injury to "work" performed for you by the "contractor,'. SUPPLEMENTARY PAYMENTS We will pay, with respect to any claim or "suit" we de- fend: 1. All expenses we incur, 2. Upto $250 forcostof bail bondsrequired becauseof accidents or traffic law violations arising out of the use of any vehicle to which this insurance applies. We do not have to furnish these bonds. 3. The costs of bonds to release attachments, but only for bond amounts within the applicable limit of in- surance. We do not have to furnish these bonds. 4. All reasonable expenses incurred by the insured at our request to assist us in the investigation or de- fense of the claim or "suit", including actual loss of earnings up to $100 a day because of time off from work. , 5. All costs taxed against the insured in the "suit". 6. Pre -judgement interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance, we will not pay any pre -judgment interest based on that period of time after the offer. ' 7. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid, offered to pay, or deposited in court the part of the judgment that is within the applicable limit of insurance. 8. Expenses incurred by the insured for first aid to others at the time of an accident, for "bodily injury" to which this insurance applies. These payments will not reduce the limits of insurance. SECTION II —WHO IS AN INSURED 1. If you are designated in the Declarations as: 2 a.. _An individual, you and your spouse are insureds. period for purposes of determining the Limits of Insur h. .A partnership or joint venture; you are an -in ----"ante.. sured. Your members, your partners, and their SECTION Iv —CONDITIONS spouses are also insureds, but only with respect 1 Bankruptcy. to their duties as partners or members of a joint Bankruptcy or insolvency of the insured will not re - venture. lieve us of our obligation under this Coverage Part. c. An organization other than a partnership or joint 2 Cancellation. venture, you are an insured. Your executive of- ficers and directors are insureds, but only with a. The first Named Insured shown in the Declara- respect to their duties as your officers or direc- tions may cancel this policy by mailing or deliv- tors. Your stockholders are also insureds, but ering to us advance written notice of cancella- only with respect to their liability as stock- ticn. holders. b, We may cancel this policy by mailing or deliver - holders. Each of the following is also an insured: ing to the first Named Insured and the "con - a. Any person (other than your employee) or any tractor" written notice of cancellation at least: organization while acting as your real estate (1) 10 days before the effective date of can - manager cellation if we cancel for non-payment of b. Any person ororganization having proper tempo- premium; or rary custody of your property if you die, but only: (2) 30 days before the effective date of can- (1) With respect to liability arising out of the cellation if we cancel for any other reason. maintenance or use of that property; and We will mail or deliver our notices to the first (2) Until your legal representative has been ap- C. Named Insured's and the "contractor's" last pointed. mailing address known to us. , C. Your legal representative if you die, but only with d Notice of cancellation will state the effective respect to duties as such. That representative date of cancellation. The policy period will end will have all rights and duties under this Cover- on that date. age Part. e. If this policy is cancelled, we will send the No person or organization is an insured with respect "contractor" any premium refund due. If we to the conduct of any current or past partnership or cancel, the refund will be pro rata. If the first joint venture that is not shown as a Named Insured in Named Insured or the "contractor" cancels, the the Declarations. refund may be less than pro rata. The cancella- SECTION III —LIMITS OF INSURANCE tion will be effective even if we have not made or 1. .The Limits of Insurance shown in the Declarations re- offered a refund. of mailing will be suffi- and the rules below fix the most we will pay L If notice is mailed, proof gardless of the number of: cient proof of notice. a. Insureds; 3. Changes. h: Claims made or "Suits" brought; or This policy contains all the agreements between you, c. Persons or organizations making claimsorbring- the "contractor" and us concerning the insurance Insured shown in the Dec- ing "suits". is the most we will pay for the afforded. The first Named larations and the "contractor" are authorized to 2. The Aggregate Limit because of all "bodily injury" and make changes in the terms of this policy with our or sum of damages "property damage". consent. This policy's terms can be amended waived only by endorsement issued by us and made a whis 3. Subject to 2. above, the Each Occurrence Limit is art of thispolicy. the most we will pay for the sum of damages because "bodily "property damage" arising out 4. Duties IThe Event Of Occurrence, Claim Or Suit. of injury' and any one "occurrence". a. You must see to it that we are notified promptly of If you designate more than one project in the Declara- of an "occurrence" which may result in a claim. include: tions, the Aggregate Limit shall apply separately to each Notice should where the "occurrence" project. (1) How, when and The limits of this Coverage Part apply separately to each ing of took place; and and addresses of any injured consecutive annual period and to any remain period (2) The names less than 12 months, starting with the beginning of the persons and witnesses. policy period shown in the Declarations, unless the pol- after issuance for an additional b If a claim is made or "suit" is brought against icy period Is extended period of less than 12 months. In that case, the addi- n insured, you must see to it that we receive anyi a notice of the claim or "suit". tional period will be deemed part of the last preceding prompt written 3 5. 6. 7 c. You and any other involved insured must: (1) Immediately send us copies of any de- mands, notices, summonses or legal papers received in connection with the claim or "suit"; (2) Authorize us to obtain records and other information; (3) Cooperate with us in the investigation, set- tlement, or defense of the claim or "suit"; and (4) Assist us, upon our request, in the enforce- ment of any right against any person or orga- nization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. No insureds will, except at their own cost, volun- tarily make a payment, assume any obligation, or incur any expense without our consent. Examination Of Your Books And Records. We may examine and audit your books and records as well as the "contractor's" books and records as they relate to this policy at any time during the policy period and up to three years afterward. Inspections And Surveys. applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative. 8. Other Insurance. The insurance afforded by this Coverage Part is pri- mary insurance and we will not seek contribution from any other insurance available to you unless the other insurance is provided by a "contractor" other than the designated .,contractor" for the same opera- tion and job location designated in the Declarations. Then we will share with that other insurance by the method described below. If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach, each insurer contributes equal amounts until it has paid its applicable limit of insur- ance or none of the loss remains, whichever comes f i rst. If any of the other insurance does not permit contri- bution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 9. Premiums. We have the right but are not obligated to: The "contractor": a. Make inspections and surveys at any time; b. Give you reports on the conditions we find; and c. Recommend changes. Any inspections, surveys, reports or recommend- ations relate only to insurability and the premiumsto be charged. We do not make safety inspections. We do not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions: a. Are safe or healthful; or b. Comply with laws, regulations, codes or stan- dards. This condition applies not only to us, but also to any rating, advisory, rate service or similar organization which makes insurance inspections, surveys, re- ports or recommendations. Legal Action Against Us. No person or organization has a right under this Coverage Part: a. To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured obtained after an actual trial; but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the a. Is responsible for the payment of all premiums; and b. Will be the payee for any return premiums we pay. 10. Premium Audit. a. We will compute all premiums for this Coverage Partin accordance with our rules and rates. b. Premium shown in this Coverage Part as ad- vance premium isa deposit premium only. Atthe close of each audit period we will compute the earned premium for that period. Audit pre- miums are due and payable on notice to the "contractor". If the sum of the advance and audit premiums paid for the policy term is greater than the earned premium, we will return the excess to the "contractor". c. The "contractor" must keep records of the infor- mation we need for premium computation, and send us copies at such times as we may request. 11. Separation Of Insureds. Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Cov- erage Part to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or "suit" is brought. 12. Transfer Of Rights Of Recovery Against Others To Us. 4 If the.insured has rights to recover all or part of any payment' we have made under this Coverage Part those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us to enforce them. SECTION V—DEFINITIONS 1. "Auto" means a land motor vehicle, trailer or semi- trailer designed for travel on public roads, including any attached machinery or equipment. But "auto" does not include "mobile equipment". 2. "Bodily injury" means bodily injury, sickness or dis- ease sustained by a person, including death result- ing from any of these at any time. 3. "Contractor" meansthe contractor designated in the Declarations. 4. "Impaired property" means tangible property, other than work performed for you, that cannot be used or is less useful because: a. It incorporates work performed for you that is known or thought to be defective, deficient, in- adequate or dangerous; or b. You have failed tofulfillthetermsofacontractor agreement; if such property can be restored to use by: a. The repair, replacement, adjustment or removal of the work performed for you; or b. Your fulfilling the terms of the contract or agree- ment. 5. "Insured contract" means: a. A lease of premises; b. A sidetrack agreement; c. An easement or license agreement in connection with vehicle or pedestrian private railroad cross- ings at grade; d. Any other easement agreement, except in con- nection with construction or demolition opera- tions on or within 50 feet of a railroad; e. An indemnification of a municipality as required by ordinance, except in connection with work for a municipality; f. An elevator maintenance agreement. 6. "Mobile equipment" means any of the following types of land vehicles, including any ma- chinery or equipment: a. Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads; b. Vehicles maintained for use solely on or next to premises you own or rent; c. Vehicles that travel on crawler treads; d. Vehicles, whether self-propelled or not, main- 7 t4 8. tained primarily to provide mobility to perma- nently mounted: (1) Power cranes, shovels, loaders, diggers or drills; or (2) Road construction or resurfacing equipment such as graders, scrapers or rollers; Vehicles not described in a., b., c. or d. above that are not self-propelled and are maintained primarily to provide mobility to permanently at- tached equipment of the following types: (1) Air compressors, pumps and generators, in- cluding spraying, welding, building clean- ing, geophysical exploration, lighting and well servicing equipment; or (2) Cherry pickers and similar devices used to raise or lower workers; Vehicles not described in a., b., c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. However, self-propelled vehicles with the follow- ing types of permanently attached equipment are not "mobile equipment" but will be consid- ered "autos": (1) Equipment designed primarily for: (a) Snow removal; (b) Road maintenance, but not construc- tion or resurfacing;, (c) street cleaning; (2) Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and (3) Air compressors, pumps and generators, in- cluding spraying, welding, building clean- ing, geophysical exploration, lighting and well servicing equipment. "Occurrence" means an accident, including contin- uous or repeated exposure to substantially the same general harmful conditions. "Property damage" means: a. Physical injury to tangible property, includingall resulting loss of use of that property; or b. Loss of use of tangible property that is not phys- ically injured. "Suit" means a civil proceeding, brought in the United States of America (including its territories and possessions), Puerto Rico and Canada, in which damages because of "bodily injury" or "property damage" to which this insurance applies are alleged. "Suit" includes an arbitration proceeding alleging such damages to which you must submit or submit with our consent. 10. ,Work" includes materials, parts or equipment fur- nished in connection with the operations. 5 CL 405 (5-86) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 28 40 05 86 AMENDMENT OF POLLUTION EXCLUSION This endorsement modifies insurance provided under the following: OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART The following is added to exclusion I. of COVERAGES (Section 1): Subparagraphs (a) and (d)(i) of paragraph (1) of this exclusion do not apply to "bodily injury" or "property damage" caused by heat, smoke or fumes from a hostile fire. As used in this exclusion, a hostile fire means one which becomes uncontrollable or breaks out from where it was intended to be. AUTHENTIC Copyright, Insurance Services Office, Inc.. 1986 (11-85) f THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 28 24 11 85 TEXAS CHANGES -CONDITION REQUIRING NOTICE This endorsement modifies insurance provided under the following: OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART Under COVERAGES (Section 1), any provision of the Coverage Part requiring you, the "contractor" or any insured to give notice of occurrence, claim or suit, or forward demands, notices, summonses or legal papers in connection with a claim or suit, will not bar liability under this Coverage Part unless we are prejudiced by your or the "contractor's" failure to comply with any such requirement. 1� FIAUTKENTICII Copyright, Insurance Services Office, Inc., 1985 CL 435 (6-86) THIS ENDORSEMENT. CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 28 55 06 86 TEXAS CHANGES This endorsement modifies insurance provided under the following: OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART 1. The CANCELLATION Condition (Section IV) is re- tion upon approval or at the direction of placed by the following: the supervisor, conservator or receiver; CANCELLATION or 5. On a new policy, not a renewal in the A. You may cancel this Coverage Part by mail- same company, we may cancel within ng or delivering to us advance written 60 days of the initial effective date of notice of cancellation. the policy by mailing written notice to B. WemaycancelthisCoveragePart bymailing you and the "contractor" at least 10 or delivering to you and the "contractor" days prior to the effective date of can - written notice of cancellation at least 45 cellation. days before the effective date of cancella- We may complywith this provision by requir- tion, except: ing or permitting our agent to notify the 1. Upon your failure or the "contractor's" policyholder. However, the responsibility of failure to discharge his or her obligation giving notice to you and the "contractor" in the payment of premium for this Cov- remains with us if the agent fails to carry out erage Part or any installment thereof, the instructions to notify you and the "con - whether payable directly to us or our tractor". agents or indirectly under any premium C. We will mail or deliver our notice to the finance plan or extension of credit, we "contractor's" and your last mailing address may cancel the policy by mailing written known to us. notice to you at least 10 days prior to the D. Notice of cancel lationwillstatetheeffective effective date of cancellation; date of cancellation. The policy period will 2. Upon a substantial change in opera- end on that date. tions resulting in an increase in ex- posure within the control of the insured E. If this Coverage Part is cancelled, we will which would produce an increase in send the "contractor" any premium refund rate, we may cancel this Coverage Part due. If we cancel, the refund will be pro by mailing written notice to you and the rata. If you or the "contractor" cancels, the "contractor" at least 10 days prior to the refund may be less than pro rata. The can - effective date of cancellation; cellation will be effective even if we have not 3. Upon a determination by the State made or offered a refund. Board of Insurance that the continua- F. If notice is mailed, proof of mailing will be tion of the policy would violate or place sufficient proof of notice. us in violation of the Insurance Code, 2. The following is added to CONDITIONS (Section IV): we may cancel this Coverage Part by WHEN WE DO NOT RENEW mailing written notice to you and the "contractor" at least 10 days prior to the If we decide not to renew this Coverage Part, we will effective date of cancellation; mail or deliver to you and the "contractor" written noticeof the nonrenewal not less than 45 days before 4. Where a company has been placed in the expiration date, except where a company has supervision, conservatorship, or re- been placed in supervision, conservatorship, or re- ceivership, we maycancel this Coverage ceivership, we may decline renewal of this Coverage Part by mailing written notice to you at least 10 days and t he "contractor" at least 10 days before the expiration date upon approval or at the prior the effective date of cancella- direction of the supervisor, conservator or receiver. (over) AUTHENTIC Copyright, Insurance Services Office, Inc., 1986 1 We may comply with this provision by requiring or carry out the instructions to notify you and the"con - permittin. our agent tonotify the policyholder. How- tractor". .= `ever, the responsibility of giving notice toyou and the If notice is mailed, proof of mailingwill be sufficient .,contractor" remains with us if the agent fails to proof of notice. f CONDITIONS AIDTPIINAL IRM D: The City of DaibCn, its elected and appointed officials, Offices and aVlayees. (This does not apply to 1krimr's Caq)ensatim. ) •• 1'' •• P' 1 .• . I'c' • ••rr • cwl> • • r s • - a• •• r . r i.• c• • I.• • •r r follamg aa- Ccntinxm coverage for the life of the amtract, PIUS one 11 ' • • ••- omperagefor tbe warrantyperiod),aida ad_ •a• •ram•• period for minimmof - 1 •stallbeginJ the i • of / he U'Off� period- 3. P IMU LI• :11 Y ': (PlepArged in all omtrmcts that • tre ••• g: ountirtion or alteration of City-owried or leased facilities). InqzMM is to ower buildings, rcontents Where applicable) and permanently installed eqApnent with respect to Imcpst ty dauW to str%=Uxles Or Portions f. stnxbir s if such is caj3Bd by the peril. of fire and the to the ••c .Iw •-. of the contractor. Liof liability is to be a w r o of 11 111 CS-4 v■ r ■ .r■ . --- PURCHASING DEPARTMENT OATS: March 2l, 1988 BID NUMBER:. IP 9849 BID TITLE: PEMBROOKE ST 8" WATERMAIN Sealed Bid Proposals will be received until 2:00 p.m. APRIL 19, 1988 at the Office of the. Purchasing Agent 901-8 Texas Street, Denton, Texas 76201-4229. John 3. Marshall, C.R.M. Purchasing Agent_J (317) 566-8311 �D..r y INS'MP, MONS TO BIDDERS 1. Sealedbid proposals must be rectli in dubllgat* br%tly� form, prior to opening date and time to be considered, mate proposals will --be returned, unopened. C.-s\VV 1 Q" , 2 Bids shall be plainly marked a�t\�lttr. Ym V;h4 umber. name of the bid, and bid opening date on the outside of completely sealed envelope. and mailed t� lI `v'ered to the Purchasing Department. City of Denton. 901 •8 Texas St., Denton, TX 76201, 3. Any submitted- article: deviatingfrom. the specifications.. must, be identified and have full descriptive data,accompanying same,or itwill=not be:considered. a. All materials are to be quoted: FOB Denton; Texas, delivered to the floor of the warehouse, or as otherwise indicated: 5. The City of Denton, Texas reserves the right to: accept separate items in a bid unless this right is denied by the bidder. 6. in case of default after bid acceptance;. the City of Denton. Texasmay at its option hold the accepted bidder or contractor liable for any and. all resultant, increased'costs as a, penalty for such default. '7. The,Clty of Denton reserves theright to reject; any and all bids, to waive ail informalitiesand require that submitted bids remain in force for a,sixty-(60) day- period after, opening, or until awardis made: whichever comes first. 8 The- quantities, shown maybe approximate and could vary according to the repwrements of the City of Denton throughout the: contract period. 9. The items are to bs'Prtded each net. (Packaging or shipping quantities will be considered.) 10.. The.purchasing, Department assumes responsibility. for the correctness and clarity of this bid. and all information andlor questionspertainingto this bid shall be.directed to the City Of Denton Purchasing Agent. 11. Any attempt to negotiate or give information on the contents of this bid with the City of Denton or its representatives prior to award shall be gounds for dtsquatitications. 12. The conditions and terms of this bid will be considered when evaluating for award. 13. The City of Denton is exempt from ail sales and excise. taxes. (Article 20.04-8) B I D # 9849 PROPOSAL TO THE CITY OF DENTON, TEXAS FOR THE CONSTRUCTION OF PEMBROOKE.STREET8" WATERMAIN IN, 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 carefully 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 constnuction,: and. will. do all the work and furnish 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.. It is understood that. the following quantities of' work to be done at unit prices are approximate only, and are intended principally to serve as a guide in evaluating bids. It is agreed that the quantitiesof 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.. 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 agreedthat the work is to be completed in full. within the number. of work days shown on the bid tabulation sheet. P - 1 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 apayment 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 soecificati.on of the 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 Pembrooke Street 8''Water Line WORK DAYS 20 BID NO. — PO NO. BID TABULATION SHEET n.t ntIAMTTTV TIMTT ITNTT PPTCF. TOTAL 1.21 Contractor's Warranties and Understandin s LS �iL.`-/LS •,:;°3 2.12.20 8"'C-900 Class 150 PVC Watermain 2,316 LF �J ` /LF 2.12.8 Cast Iron Fittings 500 LB /LB �•'.:.� 2.13A 6' Gate Valve 4 1 EA 7 Q " %EA 2.138 8" Gate Valve- 3` EA t" /EA 500. 2._14 Fire Hydrant 3 EA i %>. `jEA' 2.16 1' Water Service 38 EA Z �/EA 3-8 Remove Curb & Gutter 16 LF /LF /Z5 ,3-C Remove Walks & Drives 3 SY `3 /SY 5.7-B Asphalt Patch (Type D) 150 TON S /TON f 7`.4 Concrete Encasement 15 CY" Gt7/CY 8.1 Barricades, "Detours; and Warnin . Si ns. LS - .?Fr.'/?C1LS 8.2-A Concrete Curb & Gutter 16 LF 8.3 Concrete Drive 3 SY �"-/SY SP-2 Sawcut Existing Concrete 28 LF 3 /LF SP-10 Rock" Excavation 25 CY SP-37 Excavation Protection 50 SF /SF SP-39 Project -Sign. 2. EA CV, '/EA SP-40 Water" Line Abandonment 1 EA �4,�%/EA S�'z'•� TOTAL lv%. iyS P - 3 x� Bid# 9849 BID SUMMARY TOTAL BID PRICE IN WORDS S X�b 5c In the event, of the award 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,guaranteepayment. 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 pr.ices as shown for each item listed in this proposal., shall control over -extensions. Seal ( If a T4 Syh - CONTRACTOR BY i Street Address City -and State s Authorization Corporation.), �/5--Z,75'- lnV Telephone P - 4 CITY Cr_ DEMTo,v PURCHA,SIMG DEPT. DATE May 17, 1988 CITY COUNCIL REPORT TO Mayor and Members of the City Council FROM Lloyd V Harrell, City Manager SUBJECT BID# 9953 PEACH ST TANK PAINTING RECO14MENDATION We recommend this bid be awarded to the lowest bidder, Don L Owen Painting Contractor, Inc in the amount of $19,951 00 SUMMARY This bid is for the interior painting and some structural repairs to the Peach Street water storage tank The tank is over thirty years old This is part of the continuing maintenance program The exterior was painting last year The Public Utilities Advisory Board recommends approval BACKGROUND: Tabulation sheet PROGRAMS DEPARTMENTS OR GROUPS AFFECTED. City of Denton Municipal Utilities Water Production FISCAL IIWACT 1988 CIP Budgeted Funds Account # 620-081-0460-8366 Respectf lysubmitted vs/W-// - Lloydrl Harrell City Manager repared by Name Tom D Shaw, C P M Title Assistant Purchasing Agent Approved / d e John J Marshall, C P M Title. Purchasing Agent 1 1 I I Y 1 O I y I n I 'O I ti l Cf � .- 1 °� 1 171 ml al r=i a i mi -ii a. I 1 I 1 a a l I H I I H I �� __ __ _ �� __ .._ __ _ �_ __ __ __ _ __ __ _ __ __ 1 1 I r I 1 1 I 1 �1 1 ml I I I I I I 1 I r I i 10 i 1 i I I I i i i � I i i i i 1 I I y 1 '[1 1 .0 'V 1 I I 'V I m 1 fD a i i i x i n i v± m 1 I I r'I xl i i �i �i � 9 �i S i I ti 1 I I til a m i s i i wi �i m � �i i i i m i ' ._. a y � � N p ,'-0 1 '.9 1 1 1 1' 1 > �' > m .�-0 1 1 i 1 m1 yl i m i � c a m i ��+ � .y a 1 0 1 1 'C I 41 I r v� 1 1 z 1 1 1 I I I sl 1 ~ � i i I I I 1 I � i i i i __ __ __ __ _ __ �_ __ _� .._ __ _� __ __ __ __ _ _ __ __I_ __ __ __ __ __ _ _ __ n 1 1 0 ^o K _ z i � �° i ��z�4i n s i C i v�i z r � i o �i /! I� I I i .O i I 1 a 1 I f9 C N I C 1 O m O I � ti 1 fn N V ®W 1� I I pZ O .� I I a Z T ITf I I m n� I I a I 1 i c i s i i I 9 I I I m a a 0 x CONTRACT AGREEMENT STATE OF TEXAS )( COUNTY OF DENTON ) THIS AGREEMENT, made and entered into this 19 day of MAY _ A.D. , 19 88, by and between THE CITY OF DENTON., TEXAS of the County of DENTON and State of Texas, acting through LLOYD V. HARRELL, CITY MANAGER thereunto duly authorized so to do, Party of the First Part, hereinafter termed the OWNER, and DON L. OWEN dba DON L. OWEN PAINTING CONTRACTORS, INC. 316 W. SIMMONS SEAGOVILLE, TEXAS 75159 of the City of SEAGOVILLE County of DALLAS and state of TEXAS , Party of the Second Part, hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration_ of the payments and agreements hereinafter mentioned, to be made and performed by the Party of the First part (OWNER), and under the conditions expressed in the bonds bearing even date herewith, the said Party of the Second Part (CONTRACTOR) hereby agrees with the said Party of the First Part (OWNER) to commence and complete the construction of certain improvements described as follows: BID# 9853 PEACH STREET ELEVATED STEEL STORAGE TANK PAINTING PURCHASE ORDER # 84630 $19,951.00 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 said construction, in accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), Instructions to Bidders, and the Performance and Payment Bonds, all attached hereto, and in accordance with the plans, which includes all maps, plats, blueprints, and other drawings and printed or CA-1 0044b — written explanatory matter thereof, and the Specifications therefore, as prepared by CITY OF DENTON UTILITY ENGINEERING STAFF , , all of which are made a part hereof and collectively evidence and constitute the entire contract. 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. IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. A EST: t J I NNIFEA WALTERS .CITNY_'SECRETARY a A 4 ATTEST:' APPROV AS TO FORM: C ty Attorney CA-2 0044b LLOYD V. HARRELL, CITY MANAGER (SEAL) DON L. OWEN PAINTING CONTRACTORS Party of the Second Part, CONTRACTOR By Title UUN L. EN, FRESIDE1Qi— "NA (SEAL) •r�� _�v�� •'' BOND ISSUED IN FIVE ORIGINALS PERFORDIANCE BOND STATE OF TEXAS )( COUNTY OF COLLIN )( BOND PREMIUM BASED ON FINAL CONTRACT PRICE BOND #816876-88 KNOW ALL MEN BY THESE PRESENTS: That DON L. OWEN PAINTING CONTRACTORS, INC. of the City of SEAGOVILLE County of DALLAS and State of TEXAS as PRINCIPAL, and INTERNATIONAL FIDELITY INSURANCE COMPANY as SURETY, authorized under the laws of the State of Texas to act as" surety on bonds for principals, are held and firmly bound unto the CITY OF DENTON, TEXAS as OWNER, in the penal sum of NINETEEN THOUSAND NINE HUNDRED FIFTY-ONE DOLLARS Dollars ($ 19,951.00 ) for the payment whereof, the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the OWNER, dated the 18 day of MAY , 19 88 , for the construction of BID CONTRACT # 9853 PEACH STREET ELEVATED STEEL STORAGE TANK PAINTING PURCHASE ORDER# 84630 which contract is hereby referred to and made a dpart hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, the condition of this obligation is such, that if the said principal shall faithfully perform said Contract and shall in all respects, conditions and agreements in and by said contract agreed and covenanted by the Principal to be observed and performed, and according to the true intent and meaning of said Contract and the Plans and Specifications hereto annexed, then this obligation shall be void: otherwise to remain in full force and effect; PB-1 PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended by acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in DEN TO N County, State of Texas. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, or drawings 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. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 3rd day of JUNE , 1988 . DON L. OWEN PAINTING CONTRACTORS, INC Principal B y Title FI-,n/9T-,,P-A7'o2 Address 316 W. SIMONDS ROAD SEAGOVILLE, TEXAS 75159 INTERNATIONAL FIDELITY INSURANCE COMPANY Surety J Title ATTORNEY -IN -FACT. Address 101 E. PARK BLVD., STE 1 PLANO, TEXAS 75074 (SEAL) and address of the Resident Agent of Surety is: V.R. DAMIANO, JR., 101 E.PARk BLVD., STE. 1021, PLANO, TEXAS 75074 e NOTE: Date of Bond must not be prior to date of Contract. PB-2 0091b BOND ISSUED IN FIVE ORIGINALS PAYIIENT BOND STATE OF TEXAS )( COUNTY OF COLLIN )( BOND PREMIUM BASED ON FINAL CONTRACT PRICE BOND #816876-88 KNOW ALL MEN BY THESE PRESENTS: That DON L. OWEN PAINTING CONTRACTORS, INC. of the City of SEAGOVILLE , County of DALLAS and State of TEXAS as principal, and INTERNATIONAL FIDELITY INSURANCE COMPANY authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly hound unto THE CITY OF DENTON, TEXAS , OWNER, in the penal sum of NINETEEN THOUSAND NINE HUNDRED FIFTY-ONE DOLLARS Dollars ($ 19,951.00 ) for the payment whereof, the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, by thes presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the 19 day of MAY 19 88 BID# 9853 PEACH STREET ELEVATED STORAGE TANK PAINTING PURCHASE ORDER # 84630 to which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosection of the work provided for in said contract, then this obligation shall be void, otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the revised Civil Statutes of Texas as amended by the acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. PB-3 Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications or drawings 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. IN WITHNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 3rd day of JUNE , 19 88 DON L. OWEN PAINTING CONTRACTORS, INC Principal By Tit INTERNATIONAL FIDELITY INSURANCE COMPANY `t_ff Surety CHERYL L. UMPHREY t Gl J Title ATTORNEY- IN -FACT Address 316 Id. SIMONDS ROAD Address 101 E SEAGOVILLE, TEXAS 75159 PLANO, TEXAS T? 'c^ (SEAL•, The name and address of the Resident Agent of Surety is: PARK BLVD., STE 1021 75074 (SEAL) V.R. DAMIANO, JR., 101 E. PARK BLVD., STE. 1021, PLANO, TEXAS 75074 PB-4 0092b BOND ISSUED IN FIVE ORIGINALS BOND #816876-88 MAINTENANCE BOND STATE OF TEXAS )( COUNTY OF COLLIN )( KNOW ALL MEN BY -THESE PRESENTS: THAT DON L. OWEN PAINTING CONTRACTORS, INC. as Principal, and INTERNATIONAL FIDELITY INSURANCE COMPANY a Corporation authorized to do business in the State of Texas, as Surety, do hereby acknowledge themselves to be held and bound to pay unto the City of Denton, A Municipal Corporation of the State of Texas, its successors and assigns, at Denton, Denton County, Texas the sum of ONE THOUSAND NINE HUNDRED NINETY-FIVE DOLLARS Dollars 1,995.00 , 1 77< of the total amount of the contract for the payment of which sum said principal and surety do hereby bind themselves, their successors and asssigns, jointly and severally. This obligation is conditioned, however, that: WHEREAS, said DON L. OWEN PAINTING CONTRACTORS, INC. has this day entered into a written contract with the said City of Denton to build and construct BID# 9853 PEACH STREET ELEVATED STEEL STORAGE TANK PAINTING PURCHASE ORDER # 84630 wiu cii cuuLracc ana cne plans ana specifications tnerein mentioned, adopted by the City of Denton, are filed with the City Secretary of said City and are hereby expressly incorporatd herein by reference and made a part hereof as though the same were written and set out in full herein, and: WHEREAS, under the said plans, specifications, and contract, it is provided that the Contractor will maintain and keep in good repair the work therein contracted to be done and performed for a period of one (1) year from the date of acceptance thereof and do all necessary backfilling that may become necessary in connection therewith and do all necessary work toward the repair of any defective condition growing out of or arising from the improper construction of the improvements contemplated by said contractor on constructing the same or on account of improper excavation or backfilling, it being understood that the purpose of this section is to cover all defective conditions arising by reason of defective materials, work, or labor performed by said Contractor, and in case the said Contractor shall fail to repair, reconstruct or maintain said improvements it is agreed that the City may do said work in accordance with said contract and supply such materials and charge the same against the said Contractor and its surety on this obligation, and said Contractor and surety shall be subject to the damages in said contract for each day's failure on the part of said Contractor to comply with the terms and provisions of said contract and this bond. MB-1 0093b NOW, THEREFORE, if the said Contractor shall perform its agreement to maintain said construction and keep same in repair for the maintenance period of one (1) year, as herein and said contract provided, then these presents shall be null and void and have no further effect; otherwise, to remain in full force and effect. It is further agreed that this obligation shall be a continuing one against the Principal and Surety and that successive recoveries may be. had hereon for successive breaches of the conditions herein provided until the full amount of this bond shall have been exhausted, and it is further understood that the obligation to maintain said work shall continue throughout said maintenance period, and the same shall not be changed, diminished, or in any manner affected from any cause during said time. IN WITNESS WHEREOF the said DON L. OIJEN PAINTING CONTRACTORS, as Contractor and Principal, has caused these presents to be executed by INTERNATIONAL FIDELITY INSURANCE COMPANY and the said INTERNATIONAL FIDELITY INSURANCE COMPANY as surety, has caused these presents to be executed by its Attorney —in —Fact CHERYL L. HUMPHREY and the said Attorney —in —Fact has hereunto set his hand this 3rd day of JUNE , 1988 . SURETY: 0093b PRINCIPAL: DON L. OWEN PAINTING CONTRACTORS, INC. MB—z )E�ATTORNEI' z �LITY `INSURANCEACOMPAr _Th Power ot;Atlorney is eexeccu and my.be certfie`d..to and maybe tevok`ed. parsuant to and; by authority of-Artide 2 Section 3 ofifie By Lawrad'opled� -k �bytthe_ Board ofDirectors•gFINTERNATIONAL:FIDELIT7 INSURANCE at a meeting called and; held on'the 23rd day oCDecember ,1968 t T4eTPreside6i or`ayyy Vtce President Executive Vase President Secretaryor Assistant SecreMaryshall have power -and authority- i � w int'An r To appoint'Anomeys m-fact and to authorize themao oxecuteon behalf of the'Company and attach the SeaLof the Company.theretoC Wndsand underiakmgs contract+ -of mdemmtyand other writings obbgatory-rn the naturo-thereof and-=' - _ �-(2� )-T6remove at any time- any such A[lomey m facband revoke the authority given .Further this Power of Att6rncy is signed'and sealed'by facsimile pursuant to resolutioobf the Board of Directors of .aid Comps y idupted at a'meeung-drily. calied3 dndiheld on the 4th day of February 1975`i,,which the following is aaiueexeerpr Now therefore he ugnaturesdf such officers and the ual of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile and "any such power of attorney?or cemficate:beanng such'facsimde signatures or facsimile seal shall.be valid and`bindmg upou:ihe Cumpany,ard any such:power _ so executed arM.certified by facsimile signatures and facsimile seal still .be:vand and binding upon [he Com n mihe future wnh respect to anyawnd or undertaking,_ `. t .w-rich a ic-attached .r -.- _ = v` _1 s Pa Yi ti ti�^� - IN TESTIMONY WHEREOF INTERNATIONACFIDELITY INSURANCE COMPANY has caused this instrument to be signed corporate seal to beafTxed by m authorized officer this Ist -day of May_ A D 1986 !INTERNATIONAL FIDELITY INSURANCE COMPANY i Vy -GAL s I904� -STATE OF NEW JERSEY" -l+i -ate ti y,�'7 4f •.. � 4a .s O Cuunry of Essex .- - _ _ t„ 71 _ c On this 1st day;of May 1986 .before mecame the individual who ex'ecuiem ed the preceding instrument io e pe sonally known and being byJm sw duly orn, said thatJhe is the thereinde.wrihcdind authortz6d 6ifl- i of the'INTERNATIONAL FIDELITY -INSURANCE COMPANY th`ai the seal affixed to said mstrtiment K _the Corporateyseal of said'Company,YthaGthe said Corporate Seal.ard his signature, were duly affixed.by older of the Board o[Directiirs of said Curti - _ �_rv4 v - - - Z IN TESTIMONY WHEREOF.;:[ have hereunto set ro -hand andaffixed my Official Seal F �.,��' r 'a� at�he Cny of,Newark New Jersey the day and year first above wr'i}tien _ yt -A NOTARY' PUBLIC OF NEW JERSEY_ } 3 T t f �-. My Commission Expires April 28 `9°''w - CERTIFICATION l"the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COM ANY du hereby certify that I'have compared the foregoing .copy if the. Power k of Attomey and'affidavn .and the copy of the Secit r of the:By Lawsrze�.of said Company as set forth igsard_Power of Attor hey, the'ORfdINALS.0_N' ICE IM1 THE=HOME OFFICE OF SAID,COMPANY'.and that the same are co!%Et transcripts [hereeci andd cf the whole of the said ong:rals and tM1at the said Power of s Atiomey has not,been revoIs d'.and is now in -full force and effect c IN`TESTIMONY WHEREOF' -I have hereunto set r4'-6nd this3ri day of VJ un21 )q 88- r p �- �rt-''c�-� _ �,.-fi._»�-_'i.1�'.r-�i°''�.'.�Lrrsar �._`§a R�a:�.s.�� -,_ - _'.s,.:ki _ .�Y � ,'.&�`.�"•_�� CITY OF DENTON MINIMUM INSURANCE REQUIREMENTS INSURANCE• Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted work and/or material has been completed/delivered and accepted by the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter. Satisfactory certificate(s) of insurance shall be filed with the Purchasing Department prior to starting any construction work or activities to deliver material on this Contract. The certificate(s) shall state that thirty (30) days advance written notice will be given to the Owner before any policy covered thereby is changed or cancelled. The. bid number and title of the project should be indicated, and the City of Denton should also be listed on all policies as an additional named insured. To avoid any undue delays, it is worth reiterating that: o Thirty (30) days advance written notice of material change or cancellation shall be given; o The City of Denton shall be an additional named insured on all policies. I. Workmen's Compensation and Employer's Liability. This insurance shall protect the Contractor against all claims under applicable state workmen's compensation laws. The Contractor shall also be protected against claims for injury, disease, or death of employees which, for any reason, may not fall within the provisions of a workmen's compensation law. The liability limits shall not be less than: o Workmen's Compensation - Statutory o Employer's Liability - Statutory Ii. Comprehensive Automobile Liability. This insurance shall be written in comprehensive form and shall protect the Contractor against all claims for injuries to members of the public and damage to property of others arising from the use of motor vehicles licensed for highway use, whether they are owned, nonowned, or hired. The liability limits shall not be less than: o A combined single limit of $1,000,000 III. Comprehensive General Liability. This insurance shall be written in comprehensive form and shall protect the Contractor against all claims arising from injuries to members of the public .or damage to property of others arising out of any act or omission of the Contractor or his agents, employees or subcontractors. CI-1 Insurance Requirements page two To the extent that the Contractor's work, or work under his direction, may require blasting, explosive conditions, or underground operations, the comprehensive general liability coverage shall contain no exclusion relative to blasting, explosion, collapse of buildings, or damage to underground property. The liability limits shall not be less than: o A combined single limit of $1,000,000 IV. Owner's Protective Liability Insurance Policy. - This insurance shall provide coverage for the Owner and its employees, in the name of the City of Denton, for liability that may be imposed arising out of the work being performed by the Contractor. This also includes liability arising out of the omissions or supervisory acts of the Owner. Although this insurance is strictly for the benefit of the Owner, the Contractor is responsible for obtaining it at his expense. The liability limits shall not be less than: o A combined single limit of $1,000,000 INSURANCE SUMMARY: The Contract shall provide insurance to cover operating hazards during the period of placing the facility in operation and during testing, and until such time as the facilities are completed and accepted for operation by the Owner and written notice of that fact has been issued by the Owner. Approval of the insurance by the Owner shall not in any way relieve or decrease the liability of the Contractor hereunder. It is expressly understood that the Owner does not in any way represent that the specified limits of liability or coverage or policy forms are sufficient or adequate to protect the interest or liabilities. of the Contactor. Again, the Owner shall be given a certificate of insurance indicating that all of the above policies and the appropriate limits are indeed enforced. The certificate shall also indicate that the Owner will be given at least thirty (30) days written notice of cancellation, non -renewal, or material change of the required insurance coverage. All responsibility for payment of any sums resulting from any deductible provisions, corridor or self -insured retention conditions of the policy or policies shall remain with the Contractor. The Contractor shall not beqin any work until the Owner has reviewed and approved the insurance certificates and so notified the contractor directly in writing. Any notice to proceed that is issued shall be subject to such approval by the Owner. CI-2 O1/13/87 - ISSUE DATE (MM/DDNY) y 6-24-88 THIS CERTIFICATE IS MATTER OF INFORMATION ONLY AND CONFERS PRODUCER NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, IC T HE CERTIFICATE NOEL, GREAVES & STROTHER EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 4211 Cedar Springs.Rd. COMPANIES AFFORDING COVERAGE Dallas,.TX 75219 COMPANY A LETTER I 1 . RE6E COMPANY B E LETTER INSURED COMPANY C Riley Leasing, Inc. LETTER P. O. Box 148 Seagoville, TX.75159 LETTER D Lumbermens Mutual Casualty Co. COMPANY E - • LETTER • THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDI- TIONS OF SUCH POLICIES. CO LTR TYPE OF INSURANCE j POLICY NUMBER DATE (M FMNDTIVY) POLICYIVE E(MMVDOTIYIOO ALL LIMITS IN THOUSANDS GENERAL LIABILITY GENERAL AGGREGATE ,$ COMMERCIAL GENERAL LIABILITY PRODUCTS COMPIOPS AGGREGATE $ CLAIMS MADE ❑OCCURRENCE PERSONAL & ADVERTISING INJURY. $ OWNER'S & CONTRACTORS PROTECTIVE _ ` EACH OCCURRENCE $ • FIRE DAMAGE (ANY ONE FIRE) $ MEDICAL EXPENSE (ANY ONE PERSON) $ AUTOMOBILE LIABILITY - ` ANY AUTO - GSL $ 'I ALL OWNED AUTOS aoDlLr SCHEDULED AUTOS IPEB PERSON) $ HIRED AUTOS WMJUg1Y'�� NONOWNEDAUTOS I,ceRiOENn $ .� PROPERTY: GARAGE LIABILITY DAMAGE $ F, EXCESS LIABILITY EACH AGGREGAre OCCURRENCE $ $ OTHER THAN UMBRELLA FORM STATUTORYiCA.' L., J D WORKERS' COMPENSATION 3CL92542100 - 2/4/88 2/4/89 $ 500 ( EACH ACCIDENT) .. AND. ...,... - •...,i-_ _-....-....-,......:.-..--..�......_..,._>.._�.__. �.—. _ ._ - $ SOO (DISEASE POUCY LIMIT) EMPLOYERS' LIABILITY $ S O O. - (DISEASE EACH EMPLOYEE) OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/ VEHICLES/RESTRICTIONS/SPECIAL ITEMS TEXAS. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX - C It O f Denton City - PIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO 901-B Texas St. MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE Denton, TX 76201-4229 LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE % ._..... ,� <..... c DRAT , TYIk41��.��:i.�'i1_,�IB,g%ikU„^# _ -. _ ,... - �w.... ION,18 E THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. SHOULD ANY OF THE POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL MAIL ._.3n_—DAYS WRITTEN NOTICE TO THE CER- TIFICATE HOLDER NAMED: i`ID in; 2 7 19a8 ISSUE DATE OF THIS CERTIFICATE June 27, 1988 ISSUED AT .` Dallas, Texas Q TEXAS EMPLOYERS' INSURANCE ASSN. -DALLAS, TX City of Denton O TEXAS EMPLOYERS INDEMNITY CO. •DALLAS, TX 901-B Texas St. Denton, Texas 76201-4229 0 EMPLOYERS CASUALTY COMPANY• DALLAS, TX - .' 3❑ EMPLOYERS NATIONAL INSURANCE CO. • DALLAS, TX 7O EMPLOYERS CASUALTY CORPORATION • DALLAS, TX ® EMPLOYERS NATIONAL INS. CORP. • DALLAS, TX E❑ EMPLOYERS OF TEXAS LLOYD'S•DALLAS, TX INSURED - Don L. Owen Painting Contractors, Inc.':', P.O. Box 457 Awhwiaeda ,eunloR•.e Seagoville, Texas 75159 E� (Signed) �, ^ IYN XX �'v V•\ V.>I`% of. 7roedl William E. Arrington, Dist. t ls. Mgr. THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY NOTWITHSTANDING ANY REQUIREMENT, DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS, AND CONDI. BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES TIONS OF SUCH POLICIES. TYPE OF INSURANCE CO* POLICY NUMBER POLICY EFFECTIVE PATE IMMIDDIYY) PDLICY EXPIRATION DATE IMWDD/YY) ALL LIMITS IN THOUSANDS STATUTORY •, •3Sy WORKERS' COMPENSATION - $ (EACH ACDDEHTI $ (DISEASE-POLCY LIMP , , AND - EMPLOYERS' LIABILITY is(DISEASE-EACH EMPLOYER d GENERAL LIABILITY GENERAL AGGREGATE $ PRODUCTS COMPIOPS AGGREGATE $2.000 X COMMERCIAL GENERAL LABILITY PERSONAL L ADVERTISINGINJURY $ CLAIMS MADE ©OCCURRENCE E TCP—E419153 3-5-88 3-5-89 _ EACH OCCURRENCE $ 1 OWNER'S S CONTRACTORS PROTECTIVE - FIRE DAMAGE (ANY IN E RRE) $ - MEDICAL EXPENSE IANY ONE PERSON) $ AUTOMOBILE LIABILITYK. Cs $ - 1,000 .. ANY AUTO ALL OWNED AUTOS 2 BAA-605491 3-5-88 3-5-89 INJURYY X SCHEDULED AUTOS - (PER PERSON) $ fRv HIRED AUTOS a( NON -OWNED AUTOS PER ACCIDEAM $ $ GARAGE LIABILITY FACH .DDEIEwn EXOESS LIABILITY X Umbrella Liabilit 3 - UL-654117 3-5-88 3-5-89 DccuAAENn $ 1,000 $ 1,000 OTHER THAN UMBRELLA FORM OTHER Re: Peach St. Elevated Tank Show certificate holder as additional insured of cancellation. Will be provided with 30 days notice: TECO 17993-A (9-87) CERTIFICATE OF INSURANCE CITY OF DENTON Nero and Address of Agency City of Denton Reference: Project Name: Project No: Phase Project Location: Hanging Dept - Now and Address of Insured: Companies Affording Coveragat A B Phone C This is to certify that policies of insurance Iistad below have been issued and are In force at this time. Col"PanExpiration Letter y Type of Insurance Limits of Liability Policy, Number Date In Thousands 000 0=0 elm Siva Gnrral Liabi IIty Occurrence Occurrence- $ - Claims Made (see f2-reverse) Bodily Injury Broad Form to Include- - Promises/Operations Property Damage $ - Independent Contractors - Products/Completed Operations - Personal injury - Contractual Liability (see /I -reverse) - Explosion and Collapse Hazard - Underground Hazard Bodily injury and Property Damage Conbinod $ - Liquor Liability Coverage - BirooaadForm Pradroperty Damage - Professional Errors/Omissions - occurrence - claims made (sae !2-4*verse) aIve AufomobIto Liability Bodily Injury/Person Bodily Injury/Accident $ - OWned/Leased Automobiles - Non -owned Automobiles Property Damage $ - Hired Automobiles Bodily Injury/Property Damage Combined $ - Yorkers' Compensation and Employers' Liability StatutoryAmount eac ecc n Other Insurance Description of operations/Locations/Vehicles. The City of Denton is an additional insured as its interest may appear as defined on the reverse side. Nara and address of Certificate Holder. MY 1 1D • b0/ ' I'• FYI !D •1 YD/ 1D • • 1 CI-3 15 ° GAS •• IWW(6 • M..-eNrei •-Y4•a: DI CONDITIONS 11 YY • 1 J I'i71 r. ►a • - - c• • au• o• •: « . •: •c NOM OF rMERMIQ1: Prior to any matarial dwW of cNrallati[n, the City cf Denton will be given 30 days advance written notice mailed to the stated addtass Of the Certificate [bider, City cf Denton. • • r a • - w• •• r r .• c• _ • • r 2. M I . M1 PO= FOFK-Ragired period of MI r be •- c I a• • i - • • • _ r. uj]a- Cmtmxm cover4ye forthe lifle cC the contract,Plw one yew • • • •- •• - for r - ;i period), • a aftendedo s•• period for a ffdrjjmrn of 5 yeem wtAch- I beginat the _ • of the period. to cover bbldirV, contents Whem applicable) an• pammently instaUed 6WiMEnt withe•c to properLy •.- to -r r c. or Pwticm of strixtures if such Is cmiged by the peril of fire and (in bD tz . contractor. Lunt or liability is to be a mimun of 11 111 CI-4 C:TY OF DEN TON PURCHASING DEPARTMENT DATE: March 24, 1988 BID NUMBER: # 9853 BID TITLE: Peach St Elevated Steel Storage Tank Painting Sealed Bid Proposals will be received until 2:00 p.m. APRIL 14, 1988 it the Office of the Purchasing Agent 901-B Texas Street, Denton, Texas 76201-4229. John J. Marshall, C.P.M. 3urchasing Agent 817) 566-8311 INSTRUCTIONS TO BIDDERS 1. Sealed bid proposals must be received in duplicate. on this form, prior to opening date and time to be considered. Late proposals will be returned unopened. 2. Bids shall be plainly marked as to the bid number. name of the bid. and bid opening date on the outside of completely sealed envelope. and mailed or delivered to the Purchasing Department. City of Denton. 901 •8 Texas St.. Denton, TX 76201 7. Any submitted article deviating from the specifications must be identified and have full descriptive data accompanying same, or it will not be considered.- _ a. All materials are to be quoted FOB Denton, Texas, delivered to the floor of the warehouse. or as otherwise indicated. 5. The City of Denton, Texas reserves the right to accept separate items in a bid unless this right is denied by the bidder. 5. In case of default after bid acceptance, the City of Denton. Texas may at its option hold the accepted bidder or contractor liable for arty and allresultantincreased costs as a penalty for such default. 7. The City of Denton reserves the right to reject any and all bids, to waive all informalities and require that submitted bids remain in force for a sixty (801 day period after opening or until award is made: whichever comes first. 3. The quantities shown maybe approximate and could vary according to the requirements of the City of Denton throughout the contract period. 3. The items are to be priced each net. (Packaging or shipping quantities will be considered.) 3. The Purchasing Department assumes responsibility for the correctness and clarity of this bid, and all information and/or questions pertaining to this bid shall be directed to the City of Denton Purchasing Agent. 1. Any attempt to negotiate or give information on the contents of this bid with the City of Denton or its representatives prior to award shall be gounds for disqualifications. L The conditions and terms of this bid will be considered when evaluating for award. 3. The City of Denton is exempt from all sales and excise taxes. (Article 20.04.6) Bid# 9853 1 f1 ai l� /Z v Texas A Corporation organized and existing under the laws of the State of/,I a partnership consisting of the business name of TO: City of Denton, Texas an individual. PROPOSAL FOR: PEACH STREET ELEVATED STEEL STORAGE TANK PAINTING Bid Number: 9853 The undersigned Bidder, pursuant to the foregoing Invitation for Bids, has carefully examined the Instructions to Bidders, this Proposal, the Supplemental Conditions, the form of Contract Agreement and Bonds, the General Conditions for the Agreement, the Specifications, the Plans, and also the site of the work, and will provide all necessary labor, superintendence, machinery, equipment, tools, materials, services and other facilities to complete fully all the work as provided in the Contract Documents; and binds himself upon formal acceptance of his Proposal to execute a contract and bonds, according to the prescribed forms, for the following prices to -with: Item Quantity . Description Unit Extended No. Price Amount 1 L.S. Furnish and install paintings to the interior surface including all cleaning, and surface preparation as specified herein, complete in place for the lump sum amount of j 11V dollars ry cents Total Item 1 $ j lSS021688036 Bid# 9853 Item Quantity Description Unit Extended No.' Price Amount 13 L 100HR Additive Item'(SEE SPECIAL PROVISIONS) For materials, tools, equipments, supervision, labor and incidentals required to complete the work as needed and as directed by the OWNER for repair and/or replacement of structural steel, ladders and appurtenances within the interior of the tank, the sum of - ,SLzo F1,9HT dollars $J/HR per hour Total Item 1 and 2 $ Within fifteen (1S) days after formal acceptance of this Proposal by a , Notice of Award of contract, the undersigned will execute the Contract Agreement and will furnish approved surety bonds and such other bonds as required by the Contract Documents for the faithful performance of the Contract. In the event the Contract Agreement and bonds are not executed within the time above set forth, the attached bid security in the amount of is to become the property of the Owner as liquidated damages for the delay and additional work caused thereby. The undersigned agrees to substantially complete all work covered by these Contract Documents withing 60 consecutive calendar days from the day of written Notice to Proceed. ISS021688036 Bid# 9853 Receipt is acknowledged -of the following addenda: Addendum No. 1 fiCKNOjdZec1G.ED /L/41 'S Addendum No. 2 Addendum No. 3 Addendum No. 4 Addendum No. 5 Attested By: Secretary (SEAL) If Bidder is a Corporation Respectfully Submitted, By /i N 2• Dit%N - 'ESiDGNT Print Name and litie) buy L hy;w P&R71'NG �514 &S5 2)elvdS Address Telephone NOTE: Do not detach bid forms from other papers. Fill in with ink and submit complete with attached papers.. MAY VI CITY O� DENTON PURCHASING DEPT. lSS021688036 i i I 1 t i � I i � � r i l i I i �I � � 3 F I i I � I , t I � ' I I i ' I { A f I 1 i