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HomeMy WebLinkAbout1987-0480923L W / - i 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, fHE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the following competitive bids for the construction of public works or improvements, as described in the "Bid Invita- tions", "Bid Proposals" or plans and specifications attached hereto are hereby accepted and approved as being the lowest responsible bids BID NUMBER CONTRACTOR AMOUNT 9712 Hasty Fowler Construction $154r 435 20 9720 Hasty Fowler Construction $ 38,704 50 9721 Albenesius Contracting $ 79,719 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 bids and the execution of contracts for the public works and improvements as authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto SECTION V That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the 17th day of March, 1987 RAY S' E HEN , MAYOR CITY DENTON, TEXAS ATTEST AC G CI LT RS AC CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS PAGE TWO DATE March 17, 1987 CITY COUNCIL REPORT TO Mayor and Members of the City Council FROM Lloyd V Harrell, City Manager SUBJECT Bid # 9712 Eagle Drive Sanitary Sewer RECOIRIENDATION We recommend this bid be awarded to the lowest bidder Hasty Fowler Construction in the amount of $154,435 20 SUMMITRY This bid is for the installation of an 18" sewer line from Cleveland St to Maple at Elm along Eagle Drive This a 1986 C I P projects and the bid award has been recommended by the Public Utility Advisory Board BACKGROUND Tabulation Sheet PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED Water and sewer utility FISCAL IMPACT This project will be funded from 1986 Utility C I P funds Sewer Bond Account p624—o80-0471-9138 Respectfully submitted Lloyd V Harrell City Manager Pr ared by Name Tom Shaw,C P M Title Asst Purchasing Agent Approved a me. John Marshall Title Purchasing Agent m I I ^1 ] N 1 I 4] CR I I 'H D m i i A o i z r + c I 1 rn -r I 1 CO y I 1 r I 1 N i m i o n ni m I — ;]I, m I o 1 u r r_II m i m I I I I I I o A l a l n c r v] 6i < twll � �] � � •� y ® 1 1 1 O Z 1 I 1 I I .N. +1 1 7 i CY] rt m ME ! 1 I 1 I I 1 i m ISt I Il G i - i a rsSc m n m N µ w i i Z I I � 41 W I I xT y I I I I 1 I I < I t m 1 1 z 1 I G I i I DATE March 17, 1987 CITY COUNCIL REPORT TO Mayor and Members of the City Council FROM Lloyd V Harrell, City Manager SUBJECT Bid #9T20 Savannah 8" waterline RECO121ENDATION We recommend this bid be awarded to the lowest bidder Hasty Fowler Construction in the amount of $38,704 50 SUMMARY This bid is for the installation of an 8" water line along Savannah Trail from Long Ridge to Fairfax It will replace 1700 feet of old deteriorated 6" line This project is in the 1987 C I P "waterline replacements" The Public Utility Advisory Board recommends approval of the bid BACKGROUND: Tabulation sheet PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED water and sewer utility FISCAL IMPACT This project will be funded from 1987 CIP funds Account #620-008-0461-9114 Respectfully submitted Lloyd V Harrell City Manager Prepared by Name Tom Shaw Title Asst Purchasing Agent Approved X8m John Marshall Title Purchasing Agent 1 I m Mn i p i m z i ur wi I i 0 r- z r a F m I I a 1 a 1 S 1 C g U) tf 1 ' I 1 o w Z I 1 10' C 1 14 IC vl i m l I m �t z vl y i � i Ydi 1 I � 1 I 61i m i o� m i a I 1 1 1 O GGyy M T I m I S i cs3 i cor- N V1 I S I I 1 x C9 fi I f 1 V- m 1 I P 1 1 G g a 1 1 1 < 1 1 I m a a I I I DATE March 17, 1987 CITY COUNCIL REPORT TO Mayor and Members of the City Council FROM Lloyd V Harrell, City Manager SUBJECT Bid #9T21 Croydon, Imperical Water line and Dotson Sewer line RECO19tENDATION We recommend this bid be awarded to the lowest bidder Albensius Contracting in the total amount of $79,719 00 SUMMARY This bid is for the following C I P projects On Imperial 1994 feet of existing 6" waterline will be replaced with an 8" line from Buckingham to Stuart On Croydon 882 feet of 6" waterline will be replaced with an 8" waterline On Dotson 506 feet of new 8" sewerline will be installed to serve customers presently on septic tanks BACKGROUND. Tabulation sheet PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED water and sewer utility FISCAL IMPACT The projects will be funded from water and sewer utility CIP funds account number 623-008-0461-9114 and 624-008-o471-9114 Pro rata reimbursements from the Dotson street customers will partially pay for that portion of the project Respectfully submitted Lloyd V Harrell City Manager Pr ared by �.:T— Name Tom D Shaw, C P M Title Asst Purchasing Agent Approved me John Marshall Title Purchasing Agent W N r 1 G I y X I n1 I 2 r - r� z I C I S ti IXl i i r 1 1 I i � C a[ 1 1 I I n 1 1 G t I S q} ly N U1 I CQQI I G r [!} I I 19 9 Ip R9 1 I X 1 I 1 1 r 1 1 O m 1 T 9 J} W 1 9 1 I H ti. 1 I I I O S w w 1 1 i 1 1 I I 1 1 1 1 O a -b[1 .M lrl�l I Z i Z~1 Tnl V pJ V 1 Cf 1 C m m pi Can T I C I I 1 u i ZZ a i} m imn vi i 1 c 1 I m I r x I 1 O I 1 G I 1 9 I i 8-7- ow CONTRACT AGREEMENT STATE OF TEXAS )C COUNTY OF DENTON )( THIS AGREEMENT, made and entered into this 18 day of MARCH A.D., 19 87, 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 HASTY -FOWLER CONSTRUCTION, INC. RICKY FOWLER, PRESIDENT 501 CACTUS LANE of the City of SAN ANGELO County of TOM GREEN 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# 9712 - EAGLE DRIVE SANITARY SEWER LINE PURCHASE ORDER # - `73 3 S 1 $154,435.20 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 Engineering Department , 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: APPROVED AS TO FORM: City Attorney CA-2 0044b (SEAL) Party of the Second Part, CONTRACTOR gy Ricky Fowler President Title ( SEAL) The FIDELITY AND DEPOSIT COMPANY OF MARYLAND WFIDELITY AND DEPOSIT COMPANY Companles HOME OFFICES: BALTIMORE, MD. 21203 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the FIDELITY AND DEPOSIT COMPANY, corporations of the State of Maryland, by C. M. PECOT, JR. , Vice -President, and C. W. ROBBINS , Assistant Secretary, in pursuance of authority granted by Article VI, Section 2 of 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 of the date thereof, do hereby nominate, constitute, and appoint Robert L. Fields, Don W.Stewart, Roger M. Dolliver, Herbert R. Heard, J. Marshall Huling, Walter N. Rodgers and Marie Walters, all of San Angelo, Texas, EACH......................Y t e true -and agent and Attorney -in -Fact of each, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings ... EXCEPT bonds on behalf of Independent Executors, Community Survivors and Community Guardians ....... .� n the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if 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. This power of attorney revokes that issued on behalf of Robert L. Fields, etal, dated, August 9, 1984. IN WITNESS WHEREOF, the said Vice -Presidents and Assistant Secretaries have hereunto subscribed their names and affixed the Corporate Seals of the said FIDELITY AND DEPOSITCOMPANY OFMARYLAND and the FIDELITY AND DEPOSIT COMPANYthis...............19th....................................... day of ............ :--- Al?84.*1................................ A.D. 19.U:.......... ATTEST; qa� 1^J FID(ELITY AND DEPOSIT COMPANY O ARYLAND SEAL l�� l[ ..-�' o.............. B ...... y ........................ `....i ..... V' Praideot Aviatant Secretary FIDELITY Al�]p DEP ITNY SEAL ^ n .. .. 1�'r .....G..�---'..........--- By .................... ................................. ....................1.uistant Secretary Pia -President STATE OF MARYLAND r sax CITY OF BALTIMORE On this 19 thl day of August , A.D. 19 85 . 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 -Presidents and Assistant Secretaries of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the FIDELITY AND DEPOSIT COMPANY, to me personally known to be the individuals and officers described herein and who executed the preceding instrument, and they each acknowledged the execution of the game, and being by me duly sworn, severally and each for himself deposath and eeith, that they are the mid officers o(the Companies aforemid, and that the aealuffi io the ppreceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Off i Cit f Intents t nd year firer above written. ........................../.J/.y�.►.................................Y................... ama / Notary Publir ® My commission expires.... Jul]:._l.x. 1986..................... a CERTIFICATE 1, the undersiggred Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the FIDELITY AND DEPOSIT 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 effect on the date of this certificate; and I do further certify that the Vice -Presidents who executed the said Power of Attorney were Vice -Presidents specially' authorized by the Boards of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2 of the respective By-laws of the FIDELITY, AND DEPOSIT COMPANY OF MARYLAND and the FIDELITY AND DEPOSIT COMPANY. This certificate may be signed by facsimile under and by authority of resolutions of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969 and of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY at a meeting duly called snd held on the 2nd day of November, 1978. RESOLVED: "That the facsimile or mechanically reproduced siggnature of any Assistant Secretary of the Company, whether made heretofore or hereafter, whenever appearing upon a certified copy of any Power ofattorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed.' IN TESTIMONY WHEREOF , HEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this...-..1...................... day of ................ __March ........................... 19.87.... ..... .. ... ............................ .................. ....... .4 t Secretary L1419,(Tx)—r.1L—168-6756 FOR YOUR PROTECTION LOOK FOR THE F&D WATERMARK EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The President,or any Executive Vice -Presidents, or any of the Senior Vice -Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurr- ence of the Secretary or any one of Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents, and At- tornies-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertakings, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgments, decrees, mortgages and instruments in the nature of mortgages, and also all other instruments and documents which the business of the Company may require, and to affix the seal of the Company thereto." EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY "Article VI, Section 2. The President, or any one of the Executive Vice -Presidents, or any one of the additional Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the con- currence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents, Resident Assistant Secretaries and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or per- sons to execute on behalf of the Company any bonds, undertakings, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgments, decrees, mortgages and instruments in the nature of mortgages, and also all other in- struments and documents which the business of the Company may require, and to affix the seal of the Company thereto." PERFORMANCE BOND STATE OF TEXAS )( COUNTY OF DENTON )( KNOW ALL MEN BY THESE PRESENTS: That Hasty Fowler Construction, Inc. , of the City of San Angelo County Of Tom Green , and State of Texas as PRINCIPAL, and Fidelity and 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 ONE HUNDRED FIFTY-FOUR THOUSAND FOUR HUNDRED THIRTY FIVE AND TWENTY CENT Dollars ($ 154,435.20 ) 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 MARCH , 1987 , for the construction of BID# 9712 - EAGLE DRIVE SANITARY SEWER 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 WHEREOF, the said Pgnci�al and Surety87have signed and sealed this instrument this day of arc 19 Hasty Fowler Construction, Inc. Principal Title President Address 501 Cactus Lane Fidelity and Deposit Company of Maryland Surety Title Attorney -in -fact Address 12222 Merit Suite 1360 San Angelo, Texas Dallas, Texas 75251 (SEAL) (SEAL) The -name and address of the Resident Agent of Surety is: Herbert R. Heard / 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 FIDELITY AND DEPOSIT COMPANY OF MARYLAND WFIDELITY AND DEPOSIT COMPANY Comparllex HOME OFFICES: BALTIMORE, MD. 21203 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the FIDELITY AND DEPOSIT COMPANY, corporations of the State of Maryland, by C. M. PECOT, JR. , Vice -President, and C. W. ROBBINS , Assistant Secretary, in pursuance of authority granted by Article Vl, Section 2 of 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 of the date thereof, do hereby nominate, constitute, and appoint Robert L. Fields, Don W.Stewart, Roger M. Dolliver, Herbert R. Heard, J. Marshall Huling, Walter N. Rodgers and Marie Walters, all of San Angelo, Texas, EACH ...................... y t e —true lawful agent and Attorney -in -Fact of each, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings ... EXCEPT bonds on behalf of Independent Executors, Community Survivors and Community Guardians........... n the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if 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. This power of attorney revokes that issued on behalf of Robert L. Fields, etal, dated, August 9, 1984. IN WITNESS WHEREOF, the said Vice -Presidents and Assistant Secretaries have hereunto subscribed their names and affixed the Corporate Seals of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the FIDELITY AND DEPOSIT COMPANYthis ................ 19th.......-............................... day of ............ :.-.AuP.951................................ A.D. 19.85:.......... ATTEST: q^ FIDELITY AND DEPOSIT COMPANY O ARYLAND SEAL ............ ..............By...............--...............:.................................. ^'a Assistant SecreV' -Pnesident FIDELITY APf�I DEP ITNY SEAL ^ /• 1 ^^ C �............................................,CBy...............----........."-----f.............................. Assistant Secretary vice-Prau&W STATEOFMARYLAND se: CITY OF RALTIMORE On this 19 thl day of August , A.D. 19 85 , before the subscriber, a Notary Public of the State of Maryland, in and for the City of Baltimore, duly commissioned and ualified, came the above -named Vice -Presidents and Assistant Secretaries of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the F�DELITY AND DEPOSIT COMPANY, to me personally known to be the individuals and officers described herein and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Companies aforesaid, and that the aealsdfix to the preceding instrument are the Corporate Seals of mid Companies, and that the mid Corporate Seals and their signatures as such officers were duly affixed and subscribed to the mid instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto we my hand and affixed my Off i C. f himore t nd year first above written. amA Notary Pub4c r , My commission expires .... July..l.x-_1986..................... CERTIFICATE 1, the undersigned Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the FIDELITY AND DEPOSIT 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 effect on the date of this certificate; and 1 do further certify that the Vice -Presidents who executed the said Power of Attorney were Vice -Presidents specially authorized by the Boards of Directors to appoint any Attorneyy in -Fact as Provided in Article VI. Section 2 of the respective By -Laws of the FIDELITY, AND DEPOSIT COMPANY OF MARYLAND and the FIDELITY AND DEPOSIT COMPANY. This certificate may be signed by facsimile under and by authority of resolutions of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly celled and held on the 16th day of July, 1969 and of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY at a meeting duly called and held on the 2nd day of November, 1978. RESOLVED: "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether made heretofore or hereafter, whenever appearing upon a certified copy of any Power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed.' IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate mats of the said Companies, this..... 19..................... March 87 dayof... ... ..............._......_........, 19..__..... ...................... .................................................... Ass' nt Secretary Lww.iTTxi-uL- 168-67 56 FOR YOUR PROTECTION LOOK FOR "I HE F&D WATERMARK EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The President,or any Executive Vice-Presidents,or any of the Senior Vice -Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurr- ence of the Secretary or any one of Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents, and At- tornies-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertakings, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgments, decrees, mortgages and instruments in the nature of mortgages, and also all other instruments and documents which the business of the Company may require, and to affix the seal of the Company thereto." EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY "Article VI, Section 2. The President, or any one of the Executive Vice -Presidents, or any one of the additional Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the con- currence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents, Resident Assistant Secretaries and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or per- sons to execute on behalf of the Company any bonds, undertakings, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgments, decrees, mortgages and instruments in the nature of mortgages, and also all other in- struments and documents which the business of the Company may require, and to affix the seal of the Company thereto." PAYMENT BOND STATE OF TEXAS )( COUNTY OF DENTON )( KNOW ALL MEN BY THESE PRESENTS: That Hasty Fowler Construction, Inc. of the City of San Angelo County of Tom Green and State of Texas as principal, and Fidelity and Deposit Company of Maryland 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 ONE HUNDRED FIFTY FOUR THOUSAND FOUR HUNDRED THIRTY FIVE DOLLARS AND TWENTY CENTS Dollars ($ 154.435.20 ) 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 18 day of MARCH , 19 87 . BID# 9712 - EAGLE DRIVE SANITARY SEWER 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 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 19 Hasty Fowler Construction, Inc. Principal By Title President Address 501 Cactus Lane day of March 19 87 Fidelity and Deposit Company of Maryland Surety Title Attnrn A3,—in—fart Address 12222 Merit Drive Shire 1360 San Angelo, Texas 76903 Dallas, Texas 75251 (SEAL) (SEAL) The name and address of the Resident Agent of Surety is: Herbert R. Heard / Fields Stewart Dnllivar P.O. Box 1111 San Angelo, Texas 76902 PB-4 0092b The FIDELITY AND DEPOSIT COMPANY OF MARYLAND e ® FIDELITY AND DEPOSIT COMPANY Companies HOME OFFICES: BALTIMORE, MD. 21203 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the FIDELITY AND DEPOSIT COMPANY, corporations of the State of Maryland, by C. M. PECOT, JR. , Vice -President, and C. W. ROBBINS , Assistant Secretary, in pursuance of authority granted by Article VI, Section 2 of 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 of the date thereof, do hereby nominate, constitute, and appoint Robert L. Fields, Don W.Stewart, Roger M. Dolliver, Herbert R. Heard, J. Marshall Huling, Walter N. Rodgers and Marie Walters, all of San Angelo, Texas, EACH ....................... t5e true and lawful agent and Attorney -in -Fact of each, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings... EXCEPT bonds on behalf of Independent Executors, Community Survivors and Community Guardians.........y X-nd the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if 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. This power of attorney revokes that issued on behalf of Robert L. Fields, etal, dated, August 9, 1984. IN WITNESS WHEREOF, the said Vice -Presidents and Assistant Secretaries have hereunto subscribed their names and affixed the Corporate Seals of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the FIDELITY AND DEPOSIT COMPANY this ................ 19th....................................... day of ............ :..-AuguJ*1................ ................ A.D. 19.85:.......... ATTEST: FIDELITY AND DEPOSIT COMPANY OfPIARYLAND sIZAL �� ...................................... By.....--........... ..---.....--�.-- ......................... Assistant Secre P' -President FIDELITY A DEP IT COMPANY SEAL � ��-e............................. B -�..f; Assistant Secretary vice-Preudett STATE OF MARYLAND CITY OF BALTIMORE se: On this 19 th1 day of August , A.D. 19 85 . before the subscriber, a Notary Public oft he State of Maryland, in and for the City of Baltimore, duly commissioned and qualified, came the above -named Vice -Presidents and Assistant Secretaries of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the FIDELITY AND DEPOSIT COMPANY, tome personally known to be theindividuals and officers described herein and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Companies aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of mid Companies, and that the mid Corporate Seals and their signatures as such officers were duly affixed end subscribed to the mid instrument by the authority and direction of the mid Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Off i Cit f Itimore t ad year first above written. .... ..................... .......•............................ ..................... mares Notary Pu61ie a My commission expires .... July.-l-x..1986 CERTIFICATE 1, the undersigned Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the FIDELITY AND DEPOSIT COMPANY do hereby certify that the original Power of Attorney of which the foregoing ism full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the Vice -Presidents who executed the mid Power of Attorney were Vice -Presidents specially authorized by the Boards of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2 of the respective By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the FIDELITY AND DEPOSIT COMPANY. This certificate may be signed by facsimile under and by authority of resolutions of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969 and of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY at a meeting duly called and held on the 2nd day of November, 1978. RESOLVED: "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether made heretofore or hereafter, whenever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the mme force and effect as though manually affixed.' IN TESTIMONY WHEREOF. I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this.... 19_..................... day of.... ... .Ma:rclk ................. 19.... 82 ....... ............... ..... ............................ .................. Ass' tSecretary uau.irxi—cis.—168-6756 FOR YOUR PROTECTION LOOK FOR THE F&D WATERMARK EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The President, or any Executive Vice -Presidents, or any of the Senior Vice -Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurr- ence of the Secretary or any one of Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents, and At- tornies-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertakings, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgments, decrees, mortgages and instruments in the nature of mortgages, and also all other instruments and documents which the business of the Company may require, and to affix the seal of the Company thereto." EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY "Article VI, Section 2. The President, or any one of the Executive Vice -Presidents, or any one of the additional Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the con- currence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents, Resident Assistant Secretaries and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or per- sons to execute on behalf of the Company any bonds, undertakings, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgments, decrees, mortgages and instruments in the nature of mortgages, and also all other in- struments and documents which the business of the Company may require, and to affix the seal of the Company thereto." MAINTENANCE BOND STATE OF TEXAS )( COUNTY OF DENTON )( KNOW ALL MEN BY THESE PRESENTS: THAT Hasty Fowler Construction, Inc. as Principal, and Fidelity and Deposi ompany o ary an 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 FIFTEEN THOUSAND FOUR HnNnRED FORTY THREE DOLLARS AND FIFTY TWO CENTS Dollars 15.443.52 10% 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 Hasty Fowler Construction, Inc. has this day entered into a written contract with the said City of Denton to build and construct BID# 9712 - EAGLE DMVE SANITARY SEWER iTNF _�.., ouVy�Cu Wy 111C City of Denton, are filed with the City Secretary of sa-id 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 backf1111ng, 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 Hasty Fowler Construction, Inc. as Contractor and Principal, has caused these presents to be executed y icy owler, President and the said Fidelity And Deposit Company o as surety, has caused these presents to be executed by its Attorney -in -Fact Herbert R. Heard and the said Attorney -in -Fact has hereunto set his hand this _1vtuday of , 19 87 SURETY: PRINCIPAL: Fidelity and Deposit Company of Maryland Hasty Fowler Construction, Inc. BY: Herbert R. Heard n 'Attorney -in -Fact T MB-2 0093b Ricky Fowler, President 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 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 $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 begin 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 Naas and Address of Agency City of Denton Reference: Fields Stewart Dolliver Project Name: E_A(3 F OR SANHATY SEk R LINE P.O. Box 1111 Project No- _ 19712 San Angelo, Texas Phone Project Project Location: CITY ff DENIM Managing Dept: Ri(QiiISING DEPAR1hENf Name and Address of Insured: Companies Affording Coverage; Hasty Fowler Construction, Inc. A United States Fire Insurance Company 501 Cactus Lane e San Angelo, Tx PAN 915-655-6422 C This is to certify that policies of insurance listed below have been issued and are in force at this time. Lettery Type of Insurance Polt Number ExpDration Limits Liabi ll n�Li Ax Cnun6aeral Liability 5408444259 3/16/88 Occurrence Occurrence - Claims Made (sea /2-reverse) Bodily Injury = A Broad Form to Includes x - Premises/Operations Property Damage S x - Independent Contractors x - Products/Completed Operations x - Contract injury Bodily injury and Property x -Contractual Liability (sec il-reverse) Damage Combined $ 500 x - Explosion and Collapse Hazard x - Underground Hazard Host - Liquor Liability Coverage x - Fire Legal Liability (see 1113-reverse) x - Broad Form Property Damage - Professional Errors/Omissions - oxurrence - claims made (see 11112-reverse) A Comprehensive Automobile 5408 Liability Bodily In y jury/Person $ Bodily Injury/Accident $ x x - Owned/Leased Automobiles - Non -owned Automobiles Property Damage = x - Hired Automobiles Bodily Injury/Property Damage Combined $ 500 A - Yorkers' Compensation and Employers Liability 4083608556 3/16/88 Statutory Amount y 100 each ace en 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. Name and address of Certificate Holder. CITY IF DF M, TMS PUFrMSW AGENT 901-B TEXAS Sr DMM, TX 76201 V%9 CI-3 ..,,. Jm •,y ,x , . M CONDITIONS ADDITIONAL DU D: The City of Dentin, its elected and appointed officials, offices at ®ployees. (This does not apply to Waice's Ca¢pesati,m. ) NXICE OF CANMMC'l: Prior to any matey al chg*p or to ellatirn, the City CC Denton will be given 30 days advauoe written notice nmled to the stated addles of the Certificate [udder, City of Denton. O37nW7URAL N 5'•tE: (Liability assumed by contract or coua mt odmrmdse o-• omtracbml liabilityu A m- • an the reverse sr Or Uns Certificate •. • - mder Cummwal- LiabMtY, coverage for nhligati amned by the contractor in the refermced omb-act. This Certificate CC Insuraxe is provided as reqLdred by the g3werning contract. 2. O.Aim mm Fam Fum Rewired period of awaw will be determied by the fnllcifug family Cmtu=M aWmW for the life of the contact, plus one year (to Vuvide covaW for the warranty period), and a extended discovery period for a muumm of 5 yeam which sh,71 begin at the end of the warranty period. CM41"DENDt. INK 11 111 CI-4 B I D # 9712 PROPOSAL TO THE CITY OF DENTON, TEXAS FOR THE CONSTRUCTION OF EAGLE DRIVE SANITARY SEWER 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 construction, and will do all the work and furnish all the materials called for in the contract ana 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 quantities of work to oe 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 agreed that the work is to be completea 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 a payment for damages due to delay and other inconveniences suffered by the Owner on account of such failure of the bidder. Owner reserves the right to reject any and all bids. Owner may investigate the prior performance of bidder on _other contracts, either public or private, in evaluating bid proposals. Should bidder alter, change, or qualify any specification 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: LSD Cagle Drive Sanitary Sewer WORT; DAYS 40 BID NO. 9712 PO NO. BID TABULATION SHEET ITEM nRACPTPmTnM nn.nm Tr' .... �.. 1.21 Contractors warranties and Understandings Bonds ---•---- LOT .. •.. LS vnll rnl ..n 7,000./LS 1V 1HL $ 7,000.00 ** 2.12. 8 18' Ductile Iron Sanitary Sewer Pipe 439 LF 34.10/LF 14,969.90 ** 2.12.14-A ** 2.12.14-B 6• PVC Sanitary Sewer Pipe 8" PVC Sanitary Sewer Pi a 98 42 LF LF 5.50/LF 6.50/LF 539.00 273.00 ** 2.12.14-C 10' PVC Sanitary Sewer Pipe 20 LF 7.75/LF 155.00 ** 2.12.14-D 12- PVC Sanitary Sewer Pipe 815 LF 9.50/LF 7,742.50 ** 2.12.14-E 18• PVC Sanitary Sewer Pipe 1,333 LF 16.00/LF 21,328.00 3-A Remove Conc. Pavement 90 SY 9.00/Sy 810.00 3-B Remove Curb & Gutter 15 LF t 9.00/LF 135.00 3-C Remove Walks & Drives 42.2 SY 9.00/Sy 379.80 5.8 Conc. Pavement 90 SY 60.00/Sy 5,400.00 7.4 Conc. Encasement 5 CY 150.00/CY 750.00 7.6-A Conc. Manhole (4' ID) 1 EA t 900.00/EA 900.00 7.6-B Conc. Manhole (5' ID) 7 EA $1100.00/EA 7.700.00 8.1 Barricades, Warning and Detour Signs LOT LS 10,000./LS 10,000.00 8.2-A Conc. Curb & Gutter 15 LF t 8.00/LF 120.00 8.3 Conc. Driveway 42.2 SY t 60.00/Sy 2,532.00 WS-11A 4• Sewer Service 13 EA 750.00/EA 9,750.00 WS-11B 6• Sewer Service 2 EA 800.00/EA 1,600.00 SP- 2 Saw Cut (Existinq concrete) 480 LF 2.00/LF 960.00 SP- 6 Break into Existing Manhole 2 EA 550.00/EA 1,100.00 SP- 8A Remove Manhole 1 EA 500.00/EA 500.00 P - 3 Eagle'Drive Sanitary Sewer (Continued) WORK DAYS 40 BID NO. g71p PO NO. BID TABULATION SHEET ITEM DESCRIPTION OUANTITY i7NTT i7NTT DDT! r mnm. r SP- 8B Abandon Manhole 2 EA 300.00 /EA 600.00 SP- 9A Drop Manhole (41 ID) 1 EA $2300.00 /EA 2,300.00 SP- 9B Drop Manhole (51 ID) 1 EA $2500.00 /EA 2,500.00 SP-10 Rock Excavation 0 SY 30.00/SY - - - SP-19 30• Gage 7 Steel Casing Pie Bore 279 LF 165.00 /LF 46,035.00 SP-22 Special Manhole 1 EA t2500.00 /EA 2,500.00 SP-23A Remove 81 S.S. 24 LF t 6.50 /LF 156.00 SP-23B Abandon S.S 1 EA 250.00 /EA 250.00 SP-24 Rebuild Invert 1 EA 450.00 /EA 450.00 SP-25 Adjust Existing Services 0 EA t 500.00/EA - - - Total *5.7-8 Asphalt Patch Type D 200 Ton 25.00/Ton 5,000.00 Total including patch 154,435.20 * Note: See item 5.7-B in the special contract definitions. ** Note: See item 2.12 in the special contract definitions. P - 4 BID SUMMARY TOTAL BID PRICE IN WORDS ONE HUNDRED FIFTY FOUR THOUSAND, FOUR HUNDRED THIRTY FIVE DOLLARS AND TWENTY CENTS 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 amountof the contract, to secure proper compliance with the terms and provisions of the contract, to insure and guarantee the work until final completion and acceptance, and to guarantee payment for all lawful claims for labor performed and materials furnished in the fulfillment of the contract. It is understood that the work proposed to be done shall be accepted, when fully completed and finished in accordance with the plans and specifications, to the satisfaction of the Engineer. The undersigned certifies that the bid prices contained in this proposal have been carefully checked and are submitted as correct and final. Unit and lump -sum prices as shown for each item listed in this proposal, shall control over extensions. HASTY -FOWLER CONSTRUCTION, INC. CONTRACTOR Rick Fowler, President 501 Cactus Lane Street Address San Angelo, Texas City and State Seal & Authorization (If a Corporation) 915-655-6422 Telephone P - 5 POLICY PART S. RETURN TO COMPANY IF CANCELED. Npw Renewal of Number PART B GENERAL LIABILITY AUTOMOBILE POLICY DECLARATIONS G COUNTERSIGNATURE DATE RENEWAL OR REPLACEMENT NO. iue' AUTO. ) 3-19-87 BG/jk S. New TU 91 UNITED STATES FIRE INSURANCE COMPANY ❑ THE NORTH RIVER INSURANCE COMPANY 84?0 9 Item 1. Named Insured and Address: (No., Street, Town or City, County, state) .City of Denton, Purchasing Division 901-B Texas Street Denton, Texas 76201 Item 2. Policy Period: (Mo. Day Yr.) From 3-17-87 to 3-17-88 12:01 A.M., standard time at the address of the named insured as stated herein. ❑ WESTCHESTER FIRE INSURANCE COMPANY ❑ INTERNATIONAL INSURANCE COMPANY The named insured is: ❑ Individual ❑ Partnership ❑ Corporation ❑ Joint Venture ® Other: ri ty Business of the named insured is: (Ever.. wesew) Audit Period: Annual, unless otherwise stated. (a.... wx,w) City of Denton Item 3. The insurance afforded is only with respect to the following Coverage Parts) indicated by specific premium charge(s). Advance Premiums 91 UNITED STATES FIRE INSURANCE COMPANY ❑ THE NORTH RIVER INSURANCE COMPANY 84?0 9 Item 1. Named Insured and Address: (No., Street, Town or City, County, state) .City of Denton, Purchasing Division 901-B Texas Street Denton, Texas 76201 Item 2. Policy Period: (Mo. Day Yr.) From 3-17-87 to 3-17-88 12:01 A.M., standard time at the address of the named insured as stated herein. ❑ WESTCHESTER FIRE INSURANCE COMPANY ❑ INTERNATIONAL INSURANCE COMPANY The named insured is: ❑ Individual ❑ Partnership ❑ Corporation ❑ Joint Venture ® Other: ri ty Business of the named insured is: (Ever.. wesew) Audit Period: Annual, unless otherwise stated. (a.... wx,w) City of Denton Item 3. The insurance afforded is only with respect to the following Coverage Parts) indicated by specific premium charge(s). Advance Premiums Coverage PartNo(s). Coverage Part(s) Advance Premiums Coverage PartNo(s). Coverage Part(s) $ Automobile Medical Payments Insurance S Hospital Professional Liability Insurance $ Automobile Physical Damage Insurance (Dealers) $ Manufacturers' and Contractors' Liability Insurance $ Automobile Physical Damage Insurance (Fleet Automatic) $ 124. L6414 Owner's and Contractor's Protective Liability Insurance $ Automobile Physical Damage Insurance (Non -Fleet) $ Owners', Landlords' and Tenants' Liability Insurance S Basic Automobile Liability Insurance $ Personal Injury Liability Insurance E Completed Operations and Products Liability Insurance $ Physicians', Surgeons'and Dentists' Professional Liability Insurance $ Comprehensive Automobile Liability Insurance E Premises Medical Payments Insurance $ Comprehensive General Liability Insurance $ Storekeeper's Insurance $ Comprehensive Personal Insurance E Uninsured Motorists Insurance $ Contractual Liability Insurance $ $ Druggists' Liability Insurance $ $ Elevator Collision Insurance $ Farm Employers' Liability and Farm Employees' Medical Payments Insurance E $ Farmer's Comprehensive Personal Insurance E $ Garage Insurance GL-99-17, GL-00-32, GL-02-11, GL-21-33, GL-01-03, GL-21-04, Form numbers of endorsements. other than those entered on g Coverage Part(s). attached at issue S Total Advance Premium for this policy. If the Policy Period is more than one year and the premium is to be paid in installments, premium is payable on: Effective Date lst Anniversary 2nd Anniversary E S S Item 4. During the past three years no insurer has cancelled insurance, issued to the named insured, similar to that afforded hereunder, unless otherwise stated herein: Fields-Stewart-Dolliver 0-19865-0 Countersigned: San Angelo, Texas 'Not applicable in Texas By Terr. 9 Authorized Representative THIS PART B. WITH "POLICY PROVISIONS —PART A", AND COVERAGE PARi(S7 AND E DOR ��)'L(IaF[8,G). ISSUEQQQ��� jQ FORM A PART THEREOF COMPLETE(S) THE ABOVE NUMBE 6� YA t1'{i l Cwa, *91 JCL 6300-XG (Rev. 6J9) Print Date (381) Pro. in U. A `'{ 4` -3 p, 9✓i r LI`) fit e i' r 1 RETURN THIS DECLARATION TO COMPANY ! IL11N'011L�SPAEO OtY A107 S8EOrs�1� � Fj COVERAGE PART L 6395a (Ed. 1-73) COMPREHENSIVE GENERAL LIABILITY INSURANCE For attachment to Policy No. , to complete said policy. ADDITIONAL DECLARATIONS Location of all premises owned by, rented to or controlled by the named insured r..,... '.A.,." ,r .AM. LOCATION A. ADDRESS SHOWN IN ,T.,. , OF ..a.RA.,e"n Interest of named Insured In such premises Owner ❑ General Lessee ❑ cTenant F1 Other ' Part occupied by named insured ,."T....ae., The following discloses all hazards insured hereunder known to exist at the effective date of thfs policy, unless otherwise stated herein. SCHEDULE The insurance afforded is only with respect to such of the following Coverages as are indicated by specific premium charge or charges. The limit of the company's liability against each such Coverage shall be as stated herein, subject to all the terms of this policy having reference thereto. Coverages limits of Liability Advance Premiums each occurrence aggregate A —Bodily Injury Liability $ $ , _ $73.00 B—Properly Damage Liability $ $ - $ 51.00 Form numbers of endorsements attached at Issue ..$ Flutist Advance Premium $ 124.00 General Liability Hazards Description of Hazards Code No.B.I. Premium Bases Rates Advance Premiums P.D. Bodily Injury Property Damage Premises - Operations - N/A (a) Area (Se. Ft.) (a) Per 100 se. Ft. of Area @) Frontage N) Per Linear Foot (c) Remuneration (c)) Per 100 of Remuneration (d)) Receipts (d) Per 100 of Receipts - (e) Units (ePer nit (f) Admissions if Per 300 Admissions Escalators (Number at Premises) Number, Insured Per Lending ., Excluded Independent Contractors - cost Per $100 of lion Construction Operations - Owner (not Railroads) Excluding Operations on board 51. Complet d Operations - (a) Receipts (e) Per $],000 of Receipts Excluded Products r (b) Sales (b) Per $1,000 of Sales .. Excluded Total Advance R.I. and P.D. Premiums $ When used as a premium basis: 1. "admissions" means the total number of persons, other than employees of the named Insured, admitted to the event insured or to events conducted on the premises whether on paid admission tickets, complimentary tickets or passes; 2. "cost" means the total cost to the named insured with respect to operations performed for the named insured during the policy period by independent contractors of all work let or sub -let in connection with each specific project, including the cost of all labor, materials and equipment furnished, used or delivered for use in the execution of such work, whether furnished by the owner, contractor or subcontractor, including all fees, allowances, bonuses or commissions made, paid or due; 3. "receipts" means the gross amount of money charged by the named insured for such operations by the named insured or by others during the policy period as are rated on a receipts basis other than receipts from telecasting, broadcasting or motion pictures, and includes taxes, other than taxes which the named Insured collects as a separate item and remits directly to a governmental division; 4. "remuneration" means the entire remuneration earned during the policy period by proprietors and by all employees of the named Insured, other than chauffeurs (except operators of mobile equipment) and aircraft pilots and co-pilots, subject to any overtime earnings or limitation of remuneration rule applicable in accordance with the manuals in use by the company; 5. "sales" means the gross amount of money charged by the named insured or by others trading under his name for all goods and products sold or distributed during the policy period and charged during the policy period for installation, servicing or repair, and includes taxes, other than taxes which the named Insured and such others collect as a separate item and remit directly to a governmental division. I (over) , GL 99 17 (Ed. 03 11) This endorsement forms a part of the policy to which attached, effective on the inception date of the policy unless otherwise stated herein. (The following information is rgeired only when this endorsement is issued subsewoo d to preparation of Poky') Endorsement effective Policy No. Endorsement No. Named Insured Countersigned by (Authorized Representative) This endorsement modifies such insurance as is afforded by the provisions of the pricy relating to the following: COMPREHENSIVE GENERAL LIABILITY INSURANCE COMPLETED OPERATIONS AND PRODUCTS LIABILITY INSURANCE CONTRACTUAL LIABILITY INSURANCE MANUFACTURERS AND CONTRACTORS LIABILITY INSURANCE OWNERS AND CONTRACTORS PROTECTIVE LIABILITY INSURANCE OWNERS, LANDLORDS AND TENANTS LIABILITY INSURANCE AMENDMENT --LIMITS OF LIABILITY (Single Limit) (Individual Coverage Aggregate Limit) SCHEDULE Covers" umits of Lthli Bodily Injury Liability and property Damage Liabhty S 500 X each Occurrence S 5 0 ,000 rc ate It is agreed that the provisions of the policy captioned "LIMBS OF LIABILITY' relating to Bodily Injury Liability and Property Damage us- blily are amended to read as follows: umas OF LIABILITY Regardless of the number of (1) insonds under this Poky. (2) Persorrs or organizations who sustain berglir 14M of papM� or (3) claims made or suits brought on account of Iedgy wen or Popmly damage, the company's habibty is limited as ldbws: Bodily Injury Ii+iIty end F-ON if Damage LiattiBh. (a) The limit of liability stibd in the Schedule of fht erndo wwd as applicable to "coach omasemssi' a the total Bend of the com- pany z lability for an damages including damages for Sustained e W4 loss of services because of bolt iaPry properly by one or more persons or organizations as a result of any One occnrrece, provided that with respect to any Occurrence for which notice of this policy is grrerr in lieu of security or when this policy is certified as proof of rf nanc al responsibility under the provisions of the Motor Vehicle Fwnwl Responsibility Law of any state or province such fund of liability shall be applied to provide the sepa- rate hinds reputed by ach him, fee Bodily Injury Who and Property Damage Liability to the extent of fM coverage required by eagaase tide but the limit rMe ppl�ncanyhosrn ebil� limit Shan not (b) Subject to the above provision respecting "each accusrom". the total liability of the cornpem fordamages occ.� � neach enb eft injury and pr°PMoidais n tace commencing from its Hfectne nual period chile which is Dci¢y date and rrtnicin t described in any of the numbered sdrpara`raphs below shall not exceed the limit of habildy stated in the Schedule of this endorraant as "Mragate": (1) an ■ePrty darnage arising out of premises W Operations rated on a raweeatsna head Or Contractor's gepment rat- ed on a receipts best. irdrdf rQp1 ty� rfor which Wility is assumed under all incidental to such premise or operations. but excluding properly damage included in subparagraph (2) below; (2) cep prop fir dump arising out of and occurring in the course of operatics pedormed for the named feaussd by mdo"11- ent contractors and general supervision thereof by the nataed insured, including any such pr aim t damage for which lilbili. ty is ammead under any incidental ceebact relating to such operabors, but this subparagraph (D dos rot include PW- orgdamage arcing out el mamtenancl or npaus at pramse owned by or mated to the named' named or strucbral allies- tions at such promsas which do not it longing the sae of W morning buildings or other str ctwas: (� it produch �omphted Operations insurance is aMorda0. an bernly Mbmy aril peoW & damns included within the cap Ytad eparatiors hazard and ad bift injury and pnNrly hmap included within the products hazard; (a) R Contractual Liability leorance is afforded. all property damage for which liability is assumed under any contract to which the Contractual Liability Insurance applies. Such aggregate limit slaty apply separately: () to the property damage described in subWragraphs_(1) ith and (2) and separately wrespect to coach proprct away from promises owned by crated to the gamed inured (11) taand propeerrty damwin mages descrriibeidd in subges for off paragraph and (hi) to the property damage described in subparagraph (a) and seay from regimens parately perith or respect to ato *Kh �irn�id�uamod. For the purpose of of , (e) cog be®y injury and prop t# determining the glimit ansing out continuous Or repeated exposure to substantafy tine same general condition shall be considered as arsmg Out of one eccurteece. COVERAGE PART L 6414 OWNERS' AND CONTRACTORS' PROTECTIVE LIABILITY INSURANCE ea i ia1 COVERAGE FOR OPERATIONS OF DESIGNATED CONTRACTOR For attachment to Policy No. , to complete said policy. Designation of Contractor ,.,.,....... , Hasty Fowler Construction, Inc. Mailing Address ...,.,...,.. 501 Cactus Lane, San Angelo, Texas Location of Covered Operations .........o.., Qenton, Texas h�I Check here if the following provision is applicable: ADDITIONAL OECLARATIONS 76903 The person or organization designated above as the Contractor has undertaken to pay the premium for this policy and shall be entitled to receive any return premiums, if any, which may become payable under the terms of this policy. SCHEDULE The insurance afforded is only with respect to such of the following Coverages as are indicated by specific premium charge or charges. The limit of the company's liability against each such Coverage shall be as stated herein, subject to all the terms of this policy having reference thereto. Premium Bases Rates Coverages Limits of Liability Advance Premiums See GL 99-17 cost $100 of cost A —Bodily Injury Liability $ each occurrencel154,435. 1$ $ 73, B—Property Damage Liability $ each occurrences aggregate $ $ $ 51, Form numbers of endorsements attached at issue $ Tatal Advance Premium $ 124. When used as a premium basis: "cost" means the total cost to the named insured with respect to operations performed for the named insured during the policy period by independent contractors of all work let or sub -let in connection with each specific project, including the cost of all labor, materials and equipment furnished, used or delivered for use in the execution of such work, whether furnished by the owner, contractor or subcontractor, including all fees, allowances, bonuses or commissions made, paid or due. I. COVERAGE A —BODILY INJURY LIABILITY COVERAGE B—PROPERTY DAMAGE LIABILITY The company will pay on behalf of the insured all sums which the insured shall become legally obligated to pay as damages because of A. bodily injury or B. property damage to.which-this policy applies, caused by an occurrence and arising out of (1) opera. tions performed for the named insured by the contractor designated in the dec- larations at the location designated therein or (2) acts or omissions of the named insured in connection with his general supervision of such operations,: and the company shall have the right and duty to defend any suit against the insured seeking damages on account of such bodily injury or property damage, even if any of the allegations of the suit are groundless, false or fraudulent, and may make such investigation and settlement of any claim or suit as it deems expedient, but the company shall not be obligated to pay any claim or judgment or to defend any suit after the applicable limit of the company's liability has been exhausted by payment of judgments or settlements. Exclusions This policy does not apply: (a) to liability assumed by the insured under any contract or agreement except an incidental contract; but this exclusion does not apply to a warranty that work performed by the designated contractor will be done in a workmanlike manner; (b) to bodily injury or property damage occurring after (1) all work on the project (other than service, maintenance or repairs) to be performed by or on behalf of the named insured at the site of the covered operations has been completed or (2) that portion of the designated contractor's work out of which the injury or damage arises has been put to its intended use by any person or organiza. tion other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project; (c) to bodily injury or property damage arising out of any act or omission of the named insured or any of his employees, other than general supervision of work performed for the named insured by the designated contractor; (d) to any obligation for which the insured or any carrier as his insurer may be held liable under any workmen's compensation, unemployment compensation or disability benefits law, or under any similar law; (e) to bodily injury to any employee of the insured arising out of and in the course of his employment by the insured or to any obligation of the insured to indemnify another because of damages arising out of such injury; but this exclusion does not apply to liability assumed by the insured under an incidental contract; (0 to property damage to .(D property.owned or occupied by or rented to the insured, (2) property used by the insured, (3) property in the care, custody or control of the insured or as to which the insured is for any purpose exercising physical control, or (4) work performed for the insured by the designated contractor; (g) to bodily injury or property damage due to war, whether or not declared, civil war, insurrection, rebellion or revolution or to any act or condition incident to any of the foregoing, with respect to (1) liability assumed by the insured under an incidental contract, or (2) expenses for first aid under the Supplementary Payments provision of the policy; (h) to bodily injury or property damage arising out of (1) the ownership, mainte- nance, operation, use, loading or unloading of any mobile equipment while being used in any prearranged or organized racing, speed or demolition contest or in any stunting activity or in practice or preparation for any such contest or activity or (2) the operation or use of any snowmobile or trailer designed for use therewith; (i) to bodily injury or property damage arising out of the discharge, dispersal, release or escape of smoke, vapors, soot, fumes, acids, alkalis, toxic chemi- cals, liquids or gases, waste materials or other irritants, contaminants or pollutants into or upon land, the atmosphere or any water course or body of water; but this exclusion does not apply if such discharge, dispersal, release or escape is sudden and accidental; (j) to loss of use of tangible property which has not been physically injured or destroyed resulting from (1) a delay in or lack of performance by or on behalf of the named insured of any contract or agreement, or (2) the failure of the named insured's products or work performed by or on (over) r• 'Ix:e -e•.a :e ._�•.,••• ..nee ere': =r••* s sscec :a•••^.<rt ':..ecsr:ccn :1 :x anr., L fill,? l La.: o- AMENDATORY ENOORSE.'ABT ,his en.cersement moeities can �nswance is :s arrced :y :. a ;rovislars :^.e cone; -maurq :o ^e 1-vowing, COMPREHENSIVE SERERAL UABIL'TY INSURANCE MANUFACTURERS' AND CONTRAVORS' UABIUTY INSURANCE OWNERS'. UNOLOROS' ANO TENANTS LIABIUTY INSURANCE OWNERS AMC CONTRACTORS' PROTECTIVE LIA81UTY INSURANCE STOREKEEPER'S INSURANCE SUP UABIUTT INSURANCE This encasement. effective farms a part of policy No. t11:a1 i a.. meeam sae issues :a by al0i1L0 RalpMUVR .. it is agtee7 that the eac:usian relating .0 bod0y injury :o any employee of the inured is deleted and replaced by me following: This insurance does mat aopry: (O to bodily injury to any employee ct :he insured arising out of ana in the course of his employment by :he insured `or which the insured may he le' liable as an employer or in any other capacity; (i1 :o joy obligation at the inured b indemnty or COMMIDute with another because of damages arising out of the bodily injury: Of (IIB to bodily injury sprained by the sabuse. child. parent. brother. or sister of an employee of the Insured as a Consequence of bbdtly, Injury to such empla"A - ansmg out at ana m the nurse of his employment by the inured: This mwsian sppnes to all claims and suits by any person or (WIVILatian for damages because of such bodily injury including damages for care and b: at Services. 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GL 0103 (Ed. 05 73). L 6126 WBILIIY ISO G525 (Ed. 5.73) AMENDATORY ENDORSEMENT — NOTICE (Texas) This endorsement, effective , forms a part of policy No. (IR:01 A. M., stantlaN time) issued to by .....__......._._.................................................................. _.................................... Authorized Representative As respects bodity injury liability coverage and property damage liability coverage, unless the company is prejudiced by the inaured's failure to comply with the requirement, any provision of this policy requiring the insured to give notice of action, occurrence or loss, or requiring the insured to for- ward demands, notices, summons or other legal process, shall not bar liability under this policy. AUTHENTIC IThe attacnm( Clause need De Cemoleted only wnee thy endorsement R ,f Sued suoseouent to orewrabon of the tweq.; LIABILITY GL 21 04 (Ed. 07 66) L 9141 G 304 EXCLUSION (Ed. 7.66) (Completed Operations Hazard and Products Hazard) This enaersemeht momhes %,ch insurance as -s afforded by the provisions of the policy relating to the fallowing: COMPREHENSIVE GENERAL LIABILITY INSURANCE This endorsement. effective forms a part of policy No. i12:a1 A. M.. standard limn issued to by ......................._................................ author,eed Rennaentabve .......................................... It is agreed that such insurance as is afforded by the Bodily Injury Liability Coverage and the Property Damage Liability Coverage does not apply to bodily injury or property damage included within the Completed Operations Hazard or the Products Hazard. AUTN..... (The Attaching Clause need be completed only whim this endorsement is issued subsequent to preparation of the policy.) LIABILITY APPLICATION OF EXCLUSIONS (Explosion, Collapse and Underground Property Damage Hazards) This endorsement modifies such insurance as is afforded by the provisions of the policy relating to the following: COMPREHENSIVE GENERAL LIABILITY INSURANCE MANUFACTURERS' AND CONTRACTORS' LIABILITY INSURANCE This endorsement, effective (12.01 A. Mstandard time) forms a part of policy No. . issued to by Authorized Representative L 6431g (Ed, t 83) It is agreed that if the named insured's actual operations include anyoperation(s), whether or not stated in the Schedule under "Oescription of Hazard", which is (are) described by any classification listed below, the' x', "c", 'ri symb ths) included in the applicable code number shall apply as if such classification code number and symbol(s) were included in such Schedule. DESCRIPTION OF OPERATIONS; CLASSIFICATION CODE NO.; AND SYMBOLS) Building or Structure Raising, Moving or Underpinning—includ- Excavation ..................................... 15111xcu ing incidental shoring, removal or rebuilding of walls, founda- tions, columns of piers ........................... 17885xc Gas Companies —natural gas —local distribution —including outside salesmen, collectors and meter readers —including Caisson Work: completed operations except with respect to the installation, Foundations for buildings —including pile driving, excavation, servicing or repair of appliances .................... 49221xcu masonry or concrete work up to completion of sub -structure Gas Dealers —liquefied petroleum gas 59851x only ...................................... 17805xcu ................. Not foundations for buildings —including pile driving, excava- Gas Dealers —retail .............................. 5981Ox tion, masonry or concrete work up to completion of sub- - structure only ............................... 16235xcu Gas Distributing —liquefied petroleum gas —local distribution by gas mains or piping from central tanks to ultimate consum- Clay or Shale Digging —no canal, sewer or cellar excavation or ers—including meter readers —including completed opera - underground mining ............................ 14001x tions except with respect to the installation, servicing or repair of appliances ................................ 49252xcu Cofferdam Work —including pile driving, excavation, masonry or concrete work up to completion of sub -structure only ..... 16235xcu Gas Mains or Connections Construction —including tunneling at street crossings ................................ 16225xcu Conduit Construction —for cables or wires .............. 162851 Contractors Equipment: Cranes, derricks. power shovels, and equipment incidental thereto —rented to others with operators —including instal- lation, repair or removal ....................... . Earth moving equipment other than cranes, derricks and power shovels —rented to others with operators —including in- stallation, repair or removal .................... . Steam boilers, compressors, air pressure tanks, pneumatic tools, and equipment incidental thereto —rented to others with operators —including installation, repair or removal. Gas Works —including outside salesmen, collectors and meter readers —including completed operations except with respect to the installation, servicing or repair of appliances ...... 49251xcu 73912xcu Gasoline Dealers —wholesale. ...................... 5D851x 11861co 73916xu Contractors' Equipment (excluding automobiles) —rented to others with operators —including installation, repair or re- moval ...................................... 7391to Dam or Reservoir Construction ................ ..... 16232xcu Electric Light or Power Companies —including outside sales- men, collectors and meter readers —including completed oper- ations except with respect to the installation, servicing or repair of appliances ............................. 49115xcu Electric Light or Power Cooperatives —Rural Electrification Ad- ministration Projects Only —including outside salesmen, col- lectors and meter readers —including completed operations except with respect to the installation, servicing or repair of appliances ................................... 49116xc Electric Light or Power Line Construction .............. 16245xcu Electric Light or Power Line Construction —Rural Electrification Administration Projects Only ....................... 16242xc y"MWtmxe Gasoline Recovery —from casing head or natural gas ...... 13210dexz Geophysical Exploration —seismic method —all employees... 13831x Grading of Land ................................. 07313xcu Irrigation or Drainage System Construction —including pile driving or dredging ............................. 16255xu Landscape Gardening ............................. 07311xcu Oil Lease Operators or Gas Lease Operatorsnatural gas .. 13122dexz Oil Lease Operators or Gas Lease Operators —natural gas — within the limits of any town or city, on the right-of-way of any railroad, or in any ocean, gulf or bay ................. 13121dexz Oil or Gas Pipeline Constructionincluding pile driving or dredging .................................... 16365xcu Oil or Gas Well Shooting ........................... 13851dexz Oil Refining —petroleum ........................... 29112x Pile Driving: Building foundations only ......................... 17805xcu Including timber wharf building .................... 16294cu Sonic method ................................. 16296cu Pipeline Construction —including pile driving or dredging ... 16365xcu (over) ~ Pipelines —including maintenance: Gas operation ................................. 49222x Oil operation .................................. 46100xz Plumbing —gas, steam, hot water or other pipe fitting —includ- ing house connections, shop and retail stares or display rooms 17185u Quarries —including the operation of crushers............ 14001x Railroad Construction —including laying, relaying or removal of tracks or maintenance of ways by contractors........... 16215x Salvage Operationsincluding incidental wrecking, shoring or other structural work, the handling of machinery in damaged buildings, and salesmen or clerical at site of wrecking .... 17885xc Sand or Gravel Digging —no canal, sewer, cellar excavation or underground mining ............................ 14001z Septic Tank Systems —cleaning —installation, maintenance or repair —including house connections, shop and retail stores or display roams ................................. 1718lu Sewer Mains or Connections Construction —including tunneling at street crossings .............................. 16225xcu Shaft Sinking —including pile driving, excavation, concrete work or lining ..................................... 16235xcu Steam Healing or Power Companies —not electric —including outside salesmen, collectors and meter readers —including completed operations except with respect to the installation, servicing, or repair of appliances ................... 49610xcu Steam Mains or Connections Construction —including tunneling at street crossings .............................. 16225xcu Stone Crushing .................................. 32905x Street or Road Construction or Reconstruction —clearing of right-of-way, excavation, filling or grading, bridge or culvert building ..................................... 16115xcu Street or Road Paving or Repaving. Surfacing or Resurfacing or Scraping .................................... 16125xcu Subway Construction ............................. 16205xcu Swimming Pools —below ground —installation, servicing or re- pair........................................ 17802xcu Telephone or Telegraph Companies —including outside sales- men, collectors, messengers and clerical .............. 48110u Telephone, Telegraph or Alarm Line Construction ......... 16245xcu Tunneling —including lining ......................... 16235xcu Underpinning Buildings or Structuresincluding incidental shoring, removal or rebuilding of walls, foundations, columns or piers ..................................... 17885xc Water Mains or Connections Construction —including tunneling at street crossings .............................. 16225xcu Waterworks —including outside salesmen, collectors and meter readers —including completed operations, except with respect to the installation, servicing or repair of appliances ...... 49411xcu Welding or Cutting ............................... 17785x Wrecking: Dismantling.of pre -fabricated dwellings not exceeding three stories in height for re -erection ................... 17811xc Wrecking Buildings or Structures —not marine —including salesmen or clerical at site of wrecking ............. 17822xc - a IL 0018 (Ed. 10 84) AMENDATORY ENDORSEMENT PREJUDGMENT INTEREST The following is added to the SupplemOMWY Paymergs provision in this policy. The Company will paY, in addition to the applitabk limit of 6ebiCRy, prejudgment interest awarded against the t the Company pays. if the Company makes an otter to pay the applicable limit jqund on that part of the judgment u M interest based on that period of time after the offer. of its liability. the Company will not pay any prejudgment CONTRACT AGREEMENT STATE OF TEXAS )( COUNTY OF DENTON )( THIS AGREEMENT, made and entered into this 18 day of MARCH A.D., 19 87, 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 HASTY -FOWLER CONSTRUCTION. INC. RICKY FOWLER. PRESIDENT 501 CACTUS LANE of the City of SAN ANGELO County of TOM GREEN 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# 9720 - SAVANNAH TRAIL 8" WATERLINE PURCHASE ORDER# - $38,704.50 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 ENGINEERING DEPARTMENT , 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: CITY OF ENTON TEXAS ;Party o the First P rt, OWNER y C' LOYD V. HARRELL, CITY M NAGER (SEAL) ATTEST: Mary Sue Hasty, Sec. 4:1-'Lj +-�i-✓ Party df the Second Part, CONTRACTOR By Ricky Fowler President Title ¢PPROVED AS TO FORM: City Attorney CA-2 0044b (SEAL) PERFORMANCE BOND STATE OF TEXAS )( COUNTY OF DENTON )( KNOW ALL MEN BY THESE PRESENTS: That Hasty -Fowler Construction, Inc. , of the City of San Angelo, TeAaS County of Tim r,-oo , and State of Texas as PRINCIPAL, and die}ei t�-f.-Pegee �Gwiijgao5z w9 WarTl-^d , 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 THRITY EIGHT THOUSAND SEVEN HUNDRED FOUR DOLLARS AND FIFTY CENTS Dollars 3 38,704.50 ) 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 MARCH 19 87, for the construction of BID# 9720 - SAVANNAH TRAIL 8" WATERLINE 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 WHEREOF, the said Principal and Surety have signed and sealed this instrument this 19 day of March , 19 87 Hasty Fowler Construction, Inc. Principal By �gwQc Title President Address 501 Cactus Lane Fidelity and Deposit Company of Maryland Surety i' I Title Attorney -in -fact Address 12222 Merit Suite 1360 Dallas. Texas 75251 (SEAL) (SEAL) The name and. address of the Resident Agent of Surety is: Herbert R. Heard / 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 FIDELITY AND DEPOSIT COMPANY OF MARYLAND e FIDELITY AND DEPOSIT COMPANY Companies HOME OFFICES: BALTIMORE, MD. 21203 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the FIDELITY AND DEPOSIT COMPANY, corporations of the State of Maryland, by C. M. PECOT, JR. , Vice -President, and C. W. ROBBINS , Assistant Secretary, in pursuance of authority granted by Article VI, Section 2 of 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 of the date thereof, do hereby nominate, constitute, and appoint Robert L. Fields, Don W.Stewart, Roger M. Dolliver, Herbert R. Heard, J. Marshall Huling, Walter N. Rodgers and Marie Walters, all of San Angelo, Texas, EACH ..............., t e true and lawful agent and Attorney -in -Fact of each, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings ... EXCEPT bonds on behalf of Independent Executors, Community Survivors and Community Guardians.......:.. n the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if 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. This power of attorney revokes that issued on behalf of Robert L. Fields, etal, dated, August 9, 1984. IN WITNESS WHEREOF, the said Vice -Presidents and Assistant Secretaries have hereunto subscribed their names and affixed the Corporate Seals of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the FIDELITY AND DEPOSIT COMPANYthis 19th....................................... day of ............ :... AuSu,s.L................................ A.D. 105:.......... ATTEST: qq FIDELITY AND DEPOSIT COMPANY O ARYLAND SEAL C lJ✓ �F.-IL'I�-�!M............. By................ _--------........-- ....................................._`. Assistant Secretory JDEIT �FIDELITY AltfNY .+..�'...----.... By........--..........................-...._....... AssiMant Secretary Vice-Presidntt STATE OF MARY LAND se: CITY OF BALTIMORE On this 19 th} day of August , A.D. 19 85, 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 -Presidents and Assistant Secretaries of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the FIDELITY AND DEPOSIT COMPANY, to me personally known to be the individuals and officers described herein and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and with, that they are the said officers of the Companies aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of mid Companies, and that the mid Corporate Seals and their signatures as such officers were duly affixed and subscribed to the mid instrument by the authority and direction of the mid Corporations. IN TESTIMONY WHEREOF , HEREOF, I have hereunto sat my hand and affixed my Off i Cit f ltimore t d year fret above written. y .......................4..+/+.//.a........................-............................. ama / Notory Pu67ic My commission expires .... JulY...l.x... 1986..................... CERTIFICATE 1, the undersigned Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the FIDELITY AND DEPOSIT 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 effect on the date of this certificate; and 1 do further certify that the Vice -Presidents who executed the said Power of Attorney were Vi"-Presidents specially authorized by the Boards of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2 of the respective By-Iiws of the FIDELITY, AND DEPOSIT COMPANY OF MARYLAND and the FIDELITY AND DEPOSIT COMPANY. This certificate may be signed by facsimile under and by authority of resolutions of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969 and of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY at a meeting duly called and held on the 2nd day of November, 1978. RESOLVED: "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether made heretofore or hereafter, whenever appearing upon a certified copy of any Power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as tough manually affixed' IN TESTIMONY WHEREOF . I have hereunto subscribed my name and aUixed the corporate seals of the said Companies, this ..... 1.9t}f._......._.. oe day of.._.. ..... March .._...._...:...._, 19... $.7.. } .. ... ...................A......- Secretory...._. usw.tTxi-ol.- 168-67 56 FOR YOUR PROTECTION LOOK FOR THE F&D WATERMARK EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The President,or any Executive Vice-Presidents,or any of the Senior Vice -Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurr- ence of the Secretary or any one of Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents, and At- tornies-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertakings, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgments, decrees, mortgages and instruments in the nature of mortgages, and also all other instruments and documents which the business of the Company may require, and to affix the seal of the Company thereto." EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY "Article VI, Section 2. The President, or any one of the Executive Vice -Presidents, or any one of the additional Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the con- currence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents, Resident Assistant Secretaries and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or per- sons to execute on behalf of the Company any bonds, undertakings, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgments, decrees, mortgages and instruments in the nature of mortgages, and also all other in- struments and documents which the business of the Company may require, and to affix the seal of the Company thereto." PAYMENT BOND STATE OF TEXAS )( COUNTY OF DENTON )( KNOW ALL MEN BY THESE PRESENTS: That HASTY FOWLER CONSTRUCTION, INC. of the City of San Angelo County of Tom Green , and State of Texas , as principal, and Fidelity and Deposit Company of Maryland 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 THIRTY EIGHT THOUSAND SEVEN HUNDRED FOUR DOLLARS AND FIFTY CENTS Dollars ($ 38,704.50 ) 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 18 day of , MARCH , 19 87 BID# 9720 - SAVANNAH TRAIL 8" WATERLINE 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 26th day of March , 19 87 . Hasty -Fowler Construction, Inc. Principal Title President Address 501 Cactus Lane San Angelo, Texas 76903 (SEAL)' Fidelity & Deposit Company of maryland Surety i Title Attorney -in -Fact Address 12222 Merit Drive, Suite 1360 Dallas, Texas 75251 The name and address of the Resident Agent of Surety is: 0092b (SEAL) Herbert R. Heard/ Fields-Stewart-Dolliver P_0. Box 1111, San Angelo, Texas 76902 _ PB-4 The FIDELITY AND DEPOSIT COMPANY OF MARYLAND e D FIDELITY AND DEPOSIT COMPANY Companies HOME OFFICES: BALTIMORE, MD. 21203 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the FIDELITY AND DEPOSIT COMPANY, corporations of the State of Maryland, by C. M. PECOT, JR. , Vice -President, and C. W. ROBBINS , Assistant Secretary, in pursuance of authority granted by Article VI, Section 2 of 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 of the date thereof, do hereby nominate, constitute, and appoint Robert L. Fields, Don W.Stewart, Roger M. Dolliver, Herbert R. Heard, J. Marshall Huling, Walter N. Rodgers and Marie Walters, all of San Angelo, Texas, EACH ....................... tfi-e-true and lawful agent and Attorney -in -Fact of each, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings... EXCEPT bonds on behalf of Independent Executors, Community Survivors and Community Guardians .......... — And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if 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. This power of attorney revokes that issued on behalf of Robert L. Fields, etal, dated, August 9, 1984. IN WITNESS WHEREOF, the said Vice -Presidents and Assistant Secretaries have hereunto subscribed their names and affixed the Corporate Seals of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the FIDELITY AND DEPOSIT COMPANY this.19 ........th.......................................dayof............:...Ang.*1................................A.D.19.B5:....... ATTEST: FIDELITY AND DEPOSIT COMPANY O ARYLAND SEAI co .-,, _` ........................ By ---------............. ... .......... .................... .. AssistantSecretary F'-President .. FIDELITY A DEP IT COMPANY Lo ......................... Assistant Secretary Vice-Prestdew STATE OF MARYLAND CITY OF BALTIMORE as: On this 19 th' day of August , A.D. 19 85 , 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 -Presidents and Assistant Secretaries of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the FIDELITY AND DEPOSIT COMPANY, to me personally known to be the.individusls and officers described herein and who executed the preceding instrument, and they each acknowledged the execution of the mine, and being byy me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Companies aforesaid, and that the male affixed to the prereding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF. I have hereunto set my hand and affixed my Off written. i fat f Itimore t nd year first above .... ..................... ......�.........-................... Y...........-.--.-.. •ma p(pry Pu6fiC a My commission expires .... July-l-x... 986..................... CERTIFICATE 1, the undersigned Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the FIDELITY AND DEPOSIT 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 effect on the date of this certificate; and 1 do further certify that the Vice -Presidents who executed the mid Power of Attorney were Vice.Presidents specially authorized fay the Boards of Directors too point en Attorney-imFact as provided in Article VI. Section 2 ofthe respective By -Laws ofthe FIDELITY AND DEPOSIT COMPANY OF MARYLAND snit he FIDELITY AND DEPOSIT COMPANY. This certificate may be signed by facsimile under and by authority of resolutions of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969 and of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY at a meeting duly called and held on the 2nd day of November, 1978. RESOLVED: "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether made heretofore or hereafter, whenever appearing upon a certified copy ofany power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed.' 26th IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate orals of the said Companies, this.. .... ......................... day of. ........ March . .......... ....... ....... 19.......$.7 ....... ............... ..... ............................ .................. aiy nt uaiwiTxi—uL—168-6756 ASecretary FOR YOUR PROTECTION LOOK FOR THE F&D WATERMARK EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The President, or any Executive Vice -Presidents, or any of the Senior Vice -Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurr- ence of the Secretary or any one of Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents, and At- tornies-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertakings, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgments, decrees, mortgages and instruments in the nature of mortgages, and alsoall other instruments and documents which the business of the Company may require, and to affix the seal of the Company thereto." EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY "Article 'if, Section 2. The President, or any one of the Executive Vice -Presidents, or any one of the additional Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the con- currence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents, Resident Assistant Secretaries and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or per- sons to execute on behalf of the Company any bonds, undertakings, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgments, decrees, mortgages and instruments in the nature of mortgages, and also all other in- struments and documents which the business of the Company may require, and to affix the seal of the Company thereto." MAINTENANCE BOND STATE OF TEXAS )( COUNTY OF DENTON )( KNOW ALL MEN BY THESE PRESENTS: THAT Hasty Fowler Construction, Inc. as Principal, and Fidelity and Deposit Company of Maryland 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 THREE THOUSAND EIGHT HUNDRED FaTY DOLLARS AND FORTY FIVE CENTS Dollars , 10 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 Hasty Fowler Construction, Inc. has this day entered into a written contract wit the said City of Denton to build and construct BID& 9720 - SAVANNAH TRAIL 8" WATERLINE which contract and the plans and specifications therein 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 Hasty -Fowler Construction, Inc. as. Contractor and Principal, has caused these presents to be executed by Rickv Fowler President and the said Fiedlity and Deposit Company of Maryland as surety, has caused these presents to be executed by its Attorney -in - Herbert R. Heard and the said Attorney -in -Fact has hereunto this 26th day of March , 19 87 . SURETY: Fidelity and Deposit Co. of Maryland BY: Herbert R. Heard D eEr�lKb�i•2'' �w�►f�0'C Attorney -in -Fact` 0093b PRINCIPAL: set his hand Hasty -Fowler Contruction, Inc. R,icckkyy Fowler, President The FIDELITY AND DEPOSIT COMPANY OF MARYLAND UFIDELITY AND DEPOSIT COMPANY Companies HOME OFFICES: BALTIMORE, MD. 21203 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the FIDELITY AND DEPOSIT COMPANY, corporations of the State of Maryland, by C . M. PECOT, JR. , Vice -President, and C. W. ROBBINS , Assistant Secretary, in pursuance of authority granted by Article VI, Section 2 of 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 of the date thereof, do hereby nominate, constitute, and appoint Robert L. Fields, Don W.Stewart, Roger M. Dolliver, Herbert R. Heard, J. Marshall Huling, Walter N. Rodgers and Marie Walters, all of San Angelo, Texas, EACH ...................... t e tend lawful agent and Attorney -in -Fact of each, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings ... EXCEPT bonds on behalf of Independent Executors, Community Survivors and Community Guardians .......... L• execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if 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. This power of attorney revokes that issued on behalf of Robert L. Fields, etal, dated, August 9, 1984. IN WITNESS WHEREOF, the said Vice -Presidents and Assistant Secretaries have hereunto subscribed their names and affixed the Corporate Seals of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the FIDELITY AND DEPOSIT COMPANY this ............19th ............... ................. day of............:...AuZ9.*1.............................A.D. 19.0 ------------ ATTEST: (� FIDELITY AND DEPOSIT SEAS C. (�.� 1�4-t-t-�4 ................ B> `•^'' Amistant Secretary r• (�� �Dn pp FIDELI' SEAL W 1C .C�' ....... ............ B} ..............---.............-- Avittaru Secretary Vice -President STATEOFMARYLAND m: CITY OF BALTIMORE On this 19 thl day of August . A.D. 19 85 , before the subscriber, a Notary Public of the State of Maryland, in and for the City of Baltimore, duly commissioned end qualified, came the above -named Vice -Presidents and Assistant Secretaries of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the FIDELITY AND DEPOSIT COMPANY, tome personally known to be the individuals and officers described herein and who executed the preceding instrument, and they each acknowledged the execution of the more, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Companies aforesaid, and that the stale affixed to the PPreceding instrument are the Corporate Saals of said Companies, and that the said Corporate Serfs and their signatures as such officers were duly a(fxed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Otf i Cit f Itimore t d year first above written. .......... ........... ../.J/.y/.a....... ......... ............--........................ amA / Notary P41,4c r a My commission expires .... July... l.,,._1986..................... CERTIFICATE 1, the undersigned Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the FIDELITY AND DEPOSIT 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 effect on the date of this certificate; and I do further certify that the Vice -Presidents who executed the mid Power of Attorney were Vice -Presidents special) authorized by the Boards of Directors to a pointan Attorney -in -Fact as Provided in Article VI, Section 2 of the respective By -Laws of the FIDELITY, AND DEPOSIT COMPANY OF MARYLAND and the FIDELITY AND DEPOSIT COMPANY. This certificate may be signed by facsimile under and by authority of resolutions of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969 and of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY at a meeting duly called and held on the 2nd day of November, 1978. RESOLVED: "That the fecsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether made heretofore or hereafter, whenever appearing upon a certified copy of any Power of attorney issued by the Company, shall be valid and binding upon the Company with the mme force and effect ae though manually affixed.' 26th IN TESTIMONY WHEREOF, I have hereunto subscribed my name end affixed the corporate seals of the said Companies, this ...... day March ........................... 19....g�. ..... ............... ..... ........ ............................ ... Aviv nt Secretary 1.1419.IT%I—(A—168-6756 FOR YOUR PROTECTION LOOK FOR THE F&D WATERMARK EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The President, or any Executive Vice -Presidents, or any of the Senior Vice -Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurr- ence of the Secretary or any one of Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents, and At- tornies-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertakings, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgments, decrees, mortgages and instruments in the nature of mortgages, and alsoall other instruments and documents which the business of the Company may require, and to affix the seal of the Company thereto." EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY "Article VI, Section 2. The President, or any one of the Executive Vice -Presidents, or any one of the additional Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the con- currence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents, Resident Assistant Secretaries and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or per- sons to execute on behalf of the Company any bonds, undertakings, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgments, decrees, mortgages and instruments in the nature of mortgages, and also all other in- struments and documents which the business of the Company may require, and to affix the seal of the Company thereto." 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 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 $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 begin any work until the Owner has reviewed and a roved 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 Naar and Address of Agency City of Oenton Reference: Fields Stewart Dolliver Project Name: SAVANNAH TRAIL 8" WATERLINE Project NoBID# 9720 : P.O. sox 1111 San Angelo, Texas 915-655-5656 Phone Project Location: CITY OF DENTON Managing Dept: PURCHASING DEPARTMENT Naar and Address of Insured: Companies Affording Coverage; Hasty Fowler Construction, Inc. A United States Fire Insurance Company 501 Cactus Lane B San Angelo, Tx 915-655-6422 phone C This is to certify that policies of insurance listed below have been Issued and are in force at this time. CompanyLetter ts of Liability T of Insurance Poll Number Date l� In IThousimuftwoo) A x Calprehensive General Liability 5408444259 3/16/88 - Occurrence Occurrence f - Claims Made (see 112-reverse) Bodily Injury A x Broad Fore to Include: Property Damage ; - Premises/Operations x - Independent Contractors x x - Products/Completed Operations - Personal injury Bodily injury and Property x - Contractual Liability (see #I -reverse) Damage Combined $ 500 x - Explosion and Collapse Hazard x - Underground Hazard Host - Liquor Liability Coverage x - Fire Legal Liability (see #S-reverse) x - Broad Form Property Damage - Professional Errors/Omissions - o= rrence - claims made (see i2-reverse) A Comprehensive Aut+mloblto 5408444259 Bodily Injury/Parson : Liability Bodily Injury/Accident $ x - Owned/Leased Automobiles Property Damage _ x - Non -owned Automobiles x - Hired Automobiles Bodily Injury/Property Damage Combined $ 500 A - Yorkers' Compensation and 083608556 3/16/88 Statutory Mount Employers Liability 100 eec aecl en Other Insurance Description of Operations/Locations/Vehicles. The City of Danton is an additional insured as its interest may appear as defined on the reverse side. Name and address of Certificate Holder. CITY 0? DENT N, TEXAS RNICHLOU AGENT 9�011��� -ry•, BTEXAS Sr 131W , lA 6201 1 �Y�1 al J." 0%9 CI-3 �D :•� ' e' a' as mlYYla a 0'•Q el •IY4•a: om CONDITIONS AIDTPIOYAL. IMARED: The City of Denton, its elected and appointed d'fi.cw s, d'fuxrz and a ployees. (This does not apply to Wort$''s Compeisaticn.) NOM E OF CAIaMC j: pri r to any mater.lan dmr*p or caroellatxn, the City of Denton will be given 30 days adva oe written notioe mailed to the stated address of the Certificate Holder, City of Denton. •• _ �- •. •• •J. w • � \ it Dr • I - •• • • i• •01 •• r . 2. aAim MADE iiI.IL.Y FU%1: Feqmzed period of Cone-.w will be detffmmed by the following fb mila: ConLinnds orvea�p for the life of the contract, phis one yea' (to provide eove-p for the warranty period) , and a ecte ded disoovery period for a ®nimm of 5 years which shall begin at the end tf the warranty period- 3- FUE TD!:11 Y: (PeWired in all antracts that involvethe ••• •: construction or _ .i • of • eior ase , r - •- eqMpment with respect to property to strucbx4es or portions structizIes if such damage is mmed by the peril. of fire and due to u- .t • Of •• r rr- Limit Of .• to be minimisnc 11 111 CI-4 BID # 9720 PROPOSAL TO THE CITY OF DENTON, TEXAS FOR THE CONSTRUCTION OF SAVANNAH TRAIL WATER LINE 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 construction, 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 quantities of work to be done at unit Prices and material to be furnished may be increased or diminished as may be considered necessary, in the opinion of the City, to complete the work fully as planned and contemplated, and that all quantities of work whether increased or decreased are to be performed at the unit prices set forth below except as provided for in the specifications. It is further agreed that lump sum prices may be increased to cover additional work ordered by the City, but not shown on the plans or required by the specifications, in accordance with the provisions to the General Conditions. Similarly, they may be decreased to cover deletion of work so ordered. It is understood and agreed that the work is to be completed in full within the number of work days shown on the bid tabulation sheet. COMPLETE & SUBMIT BOTH P - 1 SETS OF BID PROPOSALS (yellow & gold copies) Accompanying this proposal is a certified or cashier's check or Bid Bond, payable to the Owner, in the amount of five percent of the total bid. It is understood that the bid security accompanying this proposal shall be returned to the bidder, unless in case of the acceptance of the proposal, the bidder shall fail to execute a contract and file a performance bond and a payment bond within fifteen days after its acceptance, in which case the bid security shall become the property of the Owner, and shall be considered as a payment for damages due to delay and other inconveniences suffered by the Owner on account of such failure of the bidder. Owner reserves the right to reject any and all bids. Owner may investigate the prior performance of bidder on other contracts, either public or private, in evaluating bid proposals. Should bidder •alter, change, or qualify any specification 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 Savannah Trail Water Line WORK DAYS 2U BID NO. 9720 PO NO. ITFM nFSCPTPTTON BID TABULATION SHEET ()rTAMMTTV rm Tm nwTm nnTrn mnMnT 2.12.8-B*� Cast Iron Fittings 0 LB 2.50 /LB 2.12.20-A 8' PVC Water Line 1,674 LF 12.25 /LF 20,506.50 2.13.2 Air Release Valve 1 EA 240.00 /EA 240.00 2.13-A 6' Gate Valve 3 EA 375.00 /EA 1,125.00 2.13-B 8' Gate Valve 1 EA 500.00 /EA 500.00 2.14* Fire Hydrant 3 EA tl 040.00 /EA 3,120.00 2.16-A 3/4' Water Service 28 EA 265.00 /EA 7,420.00 2.16-B* 1' Water Service with Reducer 0 EA 305.00 /EA 2.16-C 1 1/2' Water Service 1 EA 315.00 /EA 315.00 3-B Remove Curb 6 Gutter 12 LF 8.00 /LF 96.00 5.7-B* Asphalt Patch Type D 150 TON 35.00 /TON 5,250.00 8.2-A Concrete Curb 6 Gutter 12 LF 8.00 /LF 96.00 SP-2* Concrete Saw Cut 12 LF 3.00 /LF 36.00 SP-10* Rock Excavation 0 CY 30.00/CY TOTAL 38,704.50 Asphalt ty�b i� 5,250.00 * See Special Contract Definitions $ 33,454.50 P - 3 BID SUMMARY TOTAL BID PRICE IN WORDS THIRTY EIGHT THOUSAND, SEVEN HUNDRED FOUR DOLLARS AND FIFTY CENTS 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 guarantee payment for all lawful claims for labor performed and materials furnished in the fulfillment of the contract. It is understood that the work proposed to be done shall be accepted, when fully completed and finished in accordance with the plans and specifications, to the satisfaction of the Engineer. The undersigned certifies that the bid prices contained in this proposal have been carefully checked and are submitted as correct and final. Unit and lump -sum prices as shown for each item listed in this proposal, shall control over extensions. HASTY -FOWLER CONSTRUCTION, INC. CONTRAA� TOR HYi✓.-��.— ic ow er, President 501 Cactus Lane Street Address San Angelo, Texas City and State Seal & Authorization (If a Corporation) 915-655-6422 Telephone P - 4 YULICT -ANI S. RETURN i0 COMPANY, IF CANCELED. New Renewal of Number IF GI PART B GENERAL LIABILITY -AUTOMOBILE POLICY DECLARATIONS U.S. Insurance Group a CrumaMFparnor m,alwn COUNTERSIGNATURE DATE RENEWAL OR REPLACEMENT NO. ce.. LUB. ) AUTO. LIA9. 3-19-87 BG/jk New AU;: 2 UNITED STATES FIRE INSURANCE COMPANY ❑ THE NORTH 34� v; RIVER INSURANCE COMPANY Item 1. Named Insured and Address: (No., street, Town or city, County, state) City of Denton, Purchasing Division 901-B Texas Street Denton, Texas 76201 Item 2. Policy Period: (Mo. Day Yr.) From 3-18-87 to 3-18-88 12:01 A.M., standard time at the address of the named insured as stated herein. ❑ WESTCHESTER FIRE INSURANCE COMPANY ❑ INTERNATIONAL INSURANCE COMPANY The named insured is: ❑ Individual ❑ Partnership ❑ Corporation ❑Joint Venture ® Other: fi ty Business of the named insured is: I...aLnw) Audit Period: Annual, unless otherwise stated. I.. City of Denton Item 3. The insurance afforded is only with respect to the following Coverage Part(s) indicated by specific premium chargels). Advance Premiums Coverage Part No(s). Coverage Part(s) Advance Premiums Coverage Part No(s). Coverage Part(s) $ Automobile Medical Payments Insurance $ Hospital Professional Liability insurance $ Automobile Physical Damage Insurance (Dealers) $ Manufacturers' and Contractors' Liability Insurance S Automobile Physical Damage Insurance (Fleet Automatic) $ 100.00 L6414 Owner's and Contractor's Protective Liability Insurance $ Automobile Physical Damage Insurance (Non -Fleet) $ Owners', Landlords' and Tenants' Liability Insurance $ Basic Automobile Liability Insurance $ Personal Injury Liability Insurance $ Completed Operations and Products Liability Insurance $ Physicians', Surgeons and Dentists' Professional Liability Insurance $ Comprehensive Automobile Liability Insurance S Premises Medical Payments Insurance $ Comprehensive General Liability Insurance $ Storekeeper's Insurance $ Comprehensive Personal Insurance $ Uninsured Motorists Insurance $ Contractual Liability Insurance S $ Druggists Liability Insurance g $ Elevator Collision Insurance $ Farm Employers' Liability and Farm Employees' Medical Payments Insurance E $ Farmer's Comprehensive Personal Insurance $ $ Garage Insurance IL-00-18, GL-01-03, L6432g, GL-00-32, GL-21-33, GL-02-11> Form numbers of endorsements. other than those entered an $ ri_21—nil Coverage Part(s). attached at issue $ inn nn Total Advance Premium for this policy. If the Policy Period is more than one year and the premium is to be paid in installments, premium is payable on: Effective Date 1st Anniversary 2nd Anniversary Item 4. During the past three years no insurer has cancelled insurance, issued to the named insured, similar to that afforded hereunder, unless otherwise stated herein: Fields-Stewart-Dolliver 0-19865-0 Countersigned: San Angelo, Texas 'Notapplicable in Texas B44 Y Terr. 9 Authorized Representative THIS PART B, WITH "POLICY PROVISIONS —PART A", AND COVERAGE PART(S) AND ENDORSEMENT(S), (IF ANY), ISSUED TO FORM A PART THEREOF, COMPLETE(S) THE ABOVE NUM EQS1 A: -7 rrq y —a 0 rlr n Tb p JDL 6300-%IS(Rev. 6-79) Print Date(381) pia. inI aRETURN THIS DECLARATION TD COMPANYILED N E' SE nE _ I M it u�� COVERAGE PART COMPREHENSIVE GENERAL LIABILITY INSURANCE L 63S5a (Ed. 1-73) For attachment to Policy No. , to complete said policy. ADDITIONAL DECLARATIONS Location of all premises owned by, rented to or controlled by the named Insured ,ENTER „E" ,T .A„. L.�A,,,„ A. Apo„E„ ,„OH,„ IN „.„ 1 .r ..« .A o„. Interest of named insured in such premises , .. `.„ ...., El Owner General Lessee Tenant Part occupied by named insured ,eNT....L.w, The following discloses all hazards insured hereunder known to exist at the effective date of this policy, unless otherwise stated herein. SCHEDULE The insurance afforded is only with respect to such of the following Coverages as are indicated by specific premium charge or charges. The limit of the company's liability against each such Coverage shall be as stated herein, subject to all the terms of this policy having rnfprpnrp thar.in Coverages Limits of Liability Advance each occurrence aggregate Premiums A —Bodily Injury Liability $ See GL-99-17 $ $ 100. B—Property Damage Liability Form numbers of endorsements attached at Issue $ Total Advance Premium $ 100E Description of Hazards Code Po.remium Bases Rates Advance Premiums Premises • Operations B.I. P.D. Bai ily Injury Property Damage N/A ) Are, (Sq. itJ Frontage((blPer (a) Per 100 Sq. Linear Ft. of Area Foot Remuneration ) Recelpts td c)) Per 100 of (d) Per I00 of Remuneration Receipts ) units (f) Admissions (e) Per nil if) Per 100 Admissions Escalators (Number at Premises) Number. Insured Per Landing Excluded Independent Contractors Construction Operations - Owner (not „Cost Per $100 of cost Railroads) - Excluding operations on 1.028 board shi 16292 38,705. .047 100. Incl. Completed Operations (a) Receipts (a) Per $1,000 of Receipts Excluded Products (=DPremiums s Excluded ums 100 . $ T nr.l . When used as a premium basis: 1. "admissions" means the total number of persons, other than employees of the named Insured, admitted to the event insured or to events conducted on the premises whether on paid admission tickets, complimentary tickets or passes; 2. 'cost' means the total cost to the named insured with respect to operations performed for the named Insured during the policy period by independent contractors of all work let or sub -let in connection with each specific project, including the cost of all labor, materials and equipment furnished, used or delivered for use in the execution of such work, whether furnished by the owner, contractor or subcontractor, including all fees, allowances, bonuses or commissions made, paid or due; 3. 'receipts" means the gross amount of money charged by the named insured for such operations by the named insured or by others during lye policy period as are rated on a receipts basis other than receipts from telecasting, broadcasting or motion pictures, and includes taxes, other than taxes which the named Insured collects as a separate item and remits directly to a governmental division; 4. 'remuneration" means the entire remuneration earned during the policy period by proprietors and by all employees of the named insured, other than chauffeurs (except operators of mobile equipment) and aircraft pilots and co-pilots, subject to any overtime earnings or limitation of remuneration rule applicable in accordance with the manuals in use by the company; 5. "sales" means the gross amount of money charged by the named insured or by others trading under his name for all goods and products sold or distributed during the policy period and charged during the policy period for installation, servicing or repair, and includes taxes, other than taxes which the named Insured and such others collect as a separate item and remit directly to a governmental division. (over) COVERAGE,PART L 6414 OWNERS' AND CONTRACTORS' PROTECTIVE LIABILITY INSURANCE (Ed. 1 731 COVERAGE FOR OPERATIONS OF DESIGNATED CONTRACTOR For attachment to Policy No. , to complete said policy. ADDITIONAL DECLARATIONS Designation of Contractor ,..... ...... ' Hasty Fowler Construction, Inc. Mailing Address a.,.....er, 501 Cactus Lane, San Angelo, Texas Location of Covered Operations ,........,.., Denton, Texas ® Check here if the following provision is applicable: The person or organization designated above as the Contractor has undertaken to pay the premium for this policy and shall be entitled to receive any return premiums, if any, which may become payable under the terms of this policy. SCHEDULE The insurance afforded is only with respect to such of the following Coverages as are indicated by specific premium charge or charges. The limit of the company's liability against each such Coverage shall be as stated herein, subject to all the terms of this policy having reference thereto. Coverages Limits of Liability Premium Bases Rates Advance Premiums See GL-99-1 Cost $100 of cost A —Bodily Injury Liability $ each occurrence $ 38 7 $ $ B—Property Damage Liability $ each occurrence $ aggregate $ $ $ Form numbers of endorsements attached at issue $ Total Advance Premium $ When used as a premium basis; "cost" means the total cost to the named insured with respect to operations performed for the named insured during the policy period by independent contractors of all work let or sub -let in connection with each specific project, including the cost of all labor, materials and equipment furnished, used or delivered for use in the execution of such work, whether furnished by the owner, contractor or subcontractor, including all fees, allowances, bonuses or commissions made, paid or due. I. COVERAGE A —BODILY INJURY LIABILITY COVERAGE B--PROPERTY DAMAGE LIABILITY The company will pay on behalf of the insured all sums which the insured shall become legally obligated to pay as damages because of A. bodily injury or B. property damage towhich this policy applies, caused by an occurrence and arising out of (1) opera- tions performed for the named insured by the contractor designated in the dec- larations at the location designated therein or.(2) acts or omissions of the named insured in connection with his general supervision of such- operations, and the company shall have the right and duty to defend any suit against the insured seeking damages on account of such bodily injuryor property damage, even if any of the allegations of the suit are groundless, false or fraudulent, and may make such investigation and settlement of any claim or suit as it deems expedient, but the company shall not be obligated to pay any claim or judgment or to defend any suit after the applicable limit of the company's liability has been exhausted by payment of judgments or settlements. Exclusions This policy does not apply: (a) to liability assumed by the insured under any contract or agreement except an incidental contract; but this exclusion does not apply to a warranty that work performed by the designated contractor will be done in a workmanlike manner; (b) to bodily injury or property damage occurring after (1) all work on the project (other than service, maintenance or repairs) to be performed by or on behalf of the named insured at the site of the covered operations has been completed or (2) that portion of the designated contractor's work out of which the injury or damage arises has been put to its intended use by any person or organiza- tion other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project; (a to bodily injury or property damage arising out of any act or omission of the named insured or any of his employees, other than general supervision of work performed for the named insured by the designated contractor; (d) to any obligation for which the insured or any carrier as his insurer may be held liable under any workmen's compensation, unemployment compensation or disability benefits law, or under any similar law; let to bodily injury to any employee of the insured arising out of and in the course of his employment by the insured or to any obligation of the insured to indemnity another because of damages arising out of such injury; but this exclusion does not apply to liability assumed by the insured under an incidental contract; (0 to property damage to .. (1) property, owned or occupied by or rented to the insured, "(2) property used by the insured, (3) property in the care, custody or control of the insured or as to which the insured is for any purpose exercising physical control, or (4) work performed for the insured by the designated contractor; (g) to bodily Injury or property damage due to war, whether or not declared, civil war, insurrection, rebellion or revolution or to any act or condition incident to any of the foregoing, with respect to (1) liability assumed by the insured under an incidental contract, or (2) expenses.for first aid under the Supplementary Payments provision of the policy; (h) to bodily injury or property damage arising out of (1) the ownership, mainte- nance, operation, use, loading or unloading of any mobile equipment while being used in any prearranged or organized racing, speed or demolition contest or in any stunting activity or in practice or preparation for any such contest or activity or (2) the operation or use of any snowmobile or trailer designed for use therewith; (1) to bodily injury or property damage arising out of the discharge, dispersal, release or escape of smoke, vapors, soot, fumes, acids, alkalis, toxic chemi- cals, liquids or gases, waste materials or other irritants, contaminants or pollutants into or upon land, the atmosphere or any water course or body of water; but this exclusion does not apply if such discharge, dispersal, release or escape is sudden and accidental; (j) to loss of use of tangible property which has not been physically injured or destroyed resulting from (1) a delay in or lack of performance by or on behalf of the named insured of any contract or agreement, or (2) the failure of the named insured's products or work performed by or on (over) GL 99 17 (Ed. 03 81) This endorsement forms a part of the policy to which attached, effective on the inception date of the policy unless otherwise stated herein. (The following information is required only when this endorsement is issued subsequent to preparation of policy.) Endorsement effective Policy No. Endorsement No. Named Insured countersigned by (Authorized Representative) This endorsement modifies such insurance as is afforded by the provisions of the policy Mating to the following: COMPREHENSIVE GENERAL LIABILITY INSURANCE COMPLETED OPERATIONS AND PRODUCTS LIABILITY INSURANCE CONTRACTUAL LIABILITY INSURANCE MANUFACTURERS AND CONTRACTORS LIABILITY INSURANCE OWNERS AND CONTRACTORS PROTECTIVE LIABILITY INSURANCE OWNERS, LANDLORDS AND TENANTS LIABILITY INSURANCE AMENDMENT —LIMITS OF LIABILITY (Single Limit) (Individual Coverage Aggregate Limit) SCHEDULE Injury Liability and Property Damage It is agreed that the provisions of the policy captioned "UNITS OF LABILITY' relating to Bodily Injury Liability and Property Damage Lia- bifity are amended to read as follows: LIMITS OF LABILITY Regardless of the number of (1) insureds under this policy, (2) persons or organizations who sustain bodily injury or property damage, or (3) claims made or wits brought on account of bodily injury or properly damage, the company's liability is limited as follows: Bedrty Injury LiabR'dy and P epee 11 Damage ti@bW. (a) The limit of liability stated in the Schedule of this endorsement as applicable to "each occurrence" s the total limit of the cam - parry's liability for all damages including damages for care and loss of services because of badly injury and prop" damage sustained by one or more persons or organizations as a result of any one aceur a ice, provided that with respect to any occurrence for which notice of this policy is given in lieu of security or when this policy is certified as proof of financial responsibility under the provisions of the Motor Vehicle Financial Responsibility taw of any state or province such limit of liability shelf be applied to provide the sepa- rate limits required by such law for Bodity Injury Liability and Property Damage Liability to the extent of the coverage required by such law, but the separate application of such limit shall not increase the total limit of the company's liability. (b) Subject to the above provision respecting "each accurrernee", the total liability of the company for all damages because of all bodily Injury and property damage which occurs during each annual period while this policy is in force commencing from its effective date and which is described in any of the numbered subparagraphs below shall not exceed the limit of liability stated in the Schedule of this endorsement as "sggregate": (1) all property damage arising out of premises or operations rated on a remuneration basis or contractor's equipment rat- ad on a receipts basis. including pro" damage for which Liability is assumed under any ineiembil contract relating to such premises or operations, but excluding property damage ,ODO each occurrence included in subparagraph (2) below, (2) all property damage arising out of and occurring in the course of operations performed for the named insured by independ- eat contractors and general supervision thereof by the named insured, including any such property damage for which liabili- ty is assumed under any imidemal contract relating to such operations, but this subparagraph (2) don not include prop arty damage arising out of maintenance or repairs at premises owned by or rented to the named insured or structural attera- tions at such premises which do not involve changing bfe size of or moving buildings or other structures; (3) N Products —Completed Operations insurmce is afforded, all bodily injury and property damage included within the comp- leted operations hazard and all bodily injury and property damage included within the products heard; (a) if Contractual Liability Insurance is afforded, all property damage for which liability is assumed under any contract to which the Contractual Liability Insurance applies. Such aggregate limit shall apply separately: (i) to the property damage described in subparagraphs (1) and (2) and separately with respect to each project away from premises owned by or ranted to the named insured: ly and (ir) to the sum of the damages for all property damages described in subparagraph (3); and (iii) to the property damage described in subparagraph (4% and separately with respect to arch project away from premises owned by or ranted to the named insured. (e) For the purpose of determining the limit of the company's liability. all bodity injury and property damage arising out of continuous or repeated exposure to substantially the same general condition shall be considered as arising out of are orx n" - . IL 00 28 (Ed .10 84) AMENDATORY ENDORSEMENT PREJUDGMENT INTEREST The following is added to the SUpplementary Payments provision in this policy: The company will pay. in addition to the applicable limit of Liability. Prejudgment interest awarded against the kmrad on that part of the judgmentthe Company Pays. ifthe C*rnpenymaku an offer to pay the applicable limit of its liability, the Company will not pay any prelud;ment interest based on that period of time after the offer. (The Attaching Clause need be completes only when this Groomsmen is issues subsequent to preparation of the policy.) GL 01 03 (Ed. 05 73) L 6126 LIABILITY ISO G525 (Ed. 5.73) AMENDATORY ENDORSEMENT — NOTICE (Tun) This endorsement, effective (12:01 A. M., s, forms a part of policy No. UesaN time) issued to by ...._.._.............._................................................._................._....................._....... Authonzed AeoresentatteG As respects bodily injury liability coverage and property damage liability coverage, unless the company is prejudiced by the insured's failure to comply with the requirement, arty provision of this policy requiring the insured to give notice of action, occurrence or loss, or requiring the insured to for- ward demands, notices, summons or other legal process, shall not bar liability under this policy. AUTHENTIC (The Attaching Clause need be completed only when this endorsement is issued subsequent to preparation of the policy.) LIABILITY APPLICATION OF EXCLUSIONS (Explosion, Collapse and Underground Property Damage Hazards) L 6432{ (Ed. 1-83 This endorsement modifies such insurance as is afforded by the provisions of the policy relating to the following: COMPREHENSIVE GENERAL LIABILITY INSURANCE MANUFACTURERS' AND CONTRACTORS' LIABILITY INSURANCE This endorsement, effective Issued to by (12.01 A. M. standard time) forms a part of policy No. Authorized Representative It is agreed that if the named insured's actual operations include any operation (s), whether or not stated in the Schedule under "Description of Hazard", which i! (are) described by any classification listed below, the' x", "c", "u" symbol(s) included in the applicable code number shall apply as if such classification code number and symbol(s) were included in such Schedule. DESCRIPTION OF OPERATIONS; CLASSIFICATION CODE NO.; AND SYMBOLS) Building or Structure Raising, Moving or Underpinninginclud- Excavation .................................... 15111xcu ing incidental shoring, removal or rebuilding of walls, founda- tions, columns or piers ........................... 11885xc Gas Companies —natural gas —local distribution —including Caisson Work: Foundations for buildings —including pile driving, excavation, masonry or concrete work up to completion of sub -structure only ...................................... 11805xcu Not foundations for buildingsincluding pile driving, excava- tion, masonry or concrete work up to completion of sub- structure only ............................ _ 16135xcu Clay or Shale Digging —no canal, sewer or cellar excavation or underground mining ............................ l4001x Cofferdam Work —including pile driving, excavation, masonry or concrete work up to completion of sub -structure only ..... 16235xcu Conduit Construction —for cables or wires .............. 16285xcu, Contractors Equipment: Cranes, derrickspower shovels, and equipment incidental theretorented to others with operators —including instal- lation, repair or removal .................... I . I 13912xcu Earth moving equipment other than cranes, derricks and power shovels —rented to others with operators —including in- stallation, repair or removal .................... 11861cu Steam boilers, compressors, air pressure tanks, pneumatic tools, and equipment incidental thereto —rented to others with operatorsincluding installation, repair or removal. 13916xu Contractors' Equipment (excluding automobiles) —rented to others with operators —including installation, repair or re- moval ...................................... 7391In Dam or Reservoir Construction ....... ......... _ ... 16232xcu Electric Light or Power Companies —including outside sales- men, collectors and meter readers —including completed oper- ations except with respect to the installation, servicing or repair of appliances .... ........................ 49115xcu Electric Light or Power Cooperatives —Rural Electrification Ad- ministration Projects Onlyincluding outside salesmen, col- lectors and meter readers —including completed operations except with respect to the installation, servicing or repair of appliances ................................... 49116xc Electric Light or Power Line Construction .............. 16245xcu Electric Light or Power Line Construction —Rural Electrification Administration Projects Only ....................... 16242xc outside salesmen, collectors and meter readers —Including completed operations except with respect to the installation, servicing or repair of appliances .................... 49221xcu Gas Dealers —liquefied petroleum gas ................. 5985lx Gas Dealers —retail .............................. 59810x Gas Distributing —liquefied petroleum gas —local distribution by gas mains or piping from central tanks to ultimate consum- ers —including meter readers —including completed opera- tions except with respect to the installation, servicing or repair of appliances ................................. ' 49252xcu Gas Mains or Connections Construction —including tunneling at street crossings ................................ 16225xcu Gas Works —including outside salesmen, collectors and meter readers including completed operations except with respect to the installation, servicing or repair of appliances ...... 49251xcu Gasoline Dealers —wholesale ........................ 5085lx Gasoline Recovery —from casing head or natural gas ...... 13210dexz Geophysical Exploration —seismic method —all employees... 1383lx Grading of Land ................................. 01313xcu Irrigation or Drainage System Constructionincluding pile driving or dredging ............................. 16255xu Landscape Gardening ............................. 01311xcu Oil Lease Operators or Gas Lease Operatorsnatural gas .. 13122dexz Oil Lease Operators or Gas Lease Operatorsnatural gas — within the limits of any town or city, on the right-of-way of any railroad, or in any ocean, gulf or bay ................. 13121dexz Oil or Gas Pipeline Constructionincluding pile driving or dredging .................................... 16365xcu Oil or Gas Well Shooting ........................... 13851dexz Oil Refining —petroleum ............... ........... 29112x Pile Driving: Building foundations only ......................... 11805xcu Including timber wharf building .................... 16294cu Sonic method ................................. 16296cu Pipeline Constructionincluding pile driving or dredging ... 16365xcu (over) u r Pipelines —including maintenance: Gas operation ................................. 49222x Oil operation .................................. 46100xz Plumbing —gas, steam, hot water or other pipe fitting —includ- ing house connections, shop and retail stores or display rooms 17185u Quarries —including the operation of crushers ............ 14001x Railroad Construction —including laying, relaying or removal of tracks or maintenance of ways by contractors........... 16215x Salvage Operations —including incidental wrecking, shoring or other structural work, the handling of machinery in damaged buildings, and salesmen or clerical at site of wrecking .... 17885xc Sand or Gravel Digging —no canal, sewer, cellar excavation or underground mining 14001x Septic Tank Systems —cleaning —installation, maintenance or repair —including house connections, shop and retail stores or display rooms ................................. 17181u Sewer Mains or Connections Construction —including tunneling at street crossings .............................. 16225xcu Shaft Sinking —including pile driving, excavation, concrete work or lining ..................................... 16235xcu Steam Heating or Power Companies —not electricincluding outside salesmen, collectors and meter readers —including completed operations except with respect to the installation, servicing, or repair of appliances ................... 49610xcu Steam Mains or Connections Construction —including tunneling at street crossings .............................. 16225xcu Stone Crushing .................................. 32905x Street or Road Construction or Reconstruction —clearing of right-of-way, excavation, filling or grading. bridge or culvert building ..................................... 16115xcu Street or Road Paving or Repaving. Surfacing or Resurfacing or Scraping .................................... 16l25xcu Subway Construction ............................. 16205xcu Swimming Pools —below ground —installation, servicing or re- pair ........................................ 17802xcu Telephone or Telegraph Companies —including outside sales- men, collectors, messengers and clerical .............. 48110u Telephone, Telegraph or Alarm Line Construction ......... 16245xcu Tunneling —including lining ......................... 16235xcu Underpinning Buildings or Structures —including incidental shoring, removal or rebuilding of walls, foundations, columns or piers ..................................... 17885zc Water Mains or ConnectionsConstruction—includingtunneling at,street crossings. . . ...................... ... 16225xcu Waterworks —including outside salesmen, collectors and meter readers —including completed operations, except with respect to the installation, servicing or repair of appliances ...... 49411xcu Welding or Cutting ............................... 17785x Wrecking: Dismay ing.of pre -fabricated dwellings not exceeding three stories in height for re -erection ................... 17811xc Wrecking Buildings or Structures —not marineincluding salesmen or clerical at site of wrecking ............. 17822xc -. _. ..: _,._....., ..:._.'e•c .e ...----._. , ne ins s ss_o0. .-•_ M.C. LIABILITY aL 30 22 :. !.1 L 5.:? AMENDATORY ENDORSEMENT I.-; 6- 7 Is enccremen.: lomhes sun insurance es .s ar r:ec :y the ,rcv,s,or.s it the acuc eiat:r.q '0 :he �aimnnq. COMPREHENSIVE :BVAL UABIUTY ;NSURANCE MANUFACTURERS' aN0 CONTRACTORS' UABIUTY INSURANCE i OWNERS'. U7NDLORDS' ANO M.NANTS' LIABILITY INSURANCE OWNERS AND CONTRACTORS' PROTECTIVE JABIUTY INSURANCE i SIDREAEEPEA'S INSURANCE SMP UABIUTY INSURANCE This endorsement. etac:r:e . forms a part of policy No. lII9l :. a., mmae rim issued :0 by alaAtm Rtweewew 3 is agreed that the eaclusidn relating to bodily injury, tc am employee at the insured is deleted and replaced by me following: This insurance does not apply: I7 to bodily injury to any employee :f me insured arising Out ol and in the curse Of his employment by :he insured `a which the insured may be ne liaote as an employer or in any order capacdy., (i) to any obligation of the insured to indemnity or contribute with anomer pecause of damages arising out of the bodily injury; or Oil to bodily injury sustained by the Sprint. child. Went. brother. or sister of an empiW.. of the insured as a consecuence of bodily injury to such emoiv t arising out of and In the :purse Of his emploYmem 3y :he insured: This ese9sl0n 3ODlies ro all ,Iaims and suits by any x1sdn a organization for damages because it such bodily injury including damages for care and b' of services. This escwsion does not aoory :o 'iaoniy assumed by :he in o it under an incidental couri Au NRN C Cavmgnt. insurance :erv¢es 91fice. in.. 1983 i ttd M, • Ira sw4v skm lam. rh a; aeht fm erect stunt drJw §R IM dW do ft �1w+ u op"at SUIW reran tdermetr Y egird s+4 .Ms on 1e�Q �C re w of rk1•i t.eausew � j.ersnee!u Ib. etkcree � b � teare0 _ • sra'.xe :+genuine � stlmee�ed some Yk Ammf ea s orAW U fe rode m M *e owl 1"4915 tam way. Ott►CIE �twKM WsyRAMM UO p WMMIE t�'Y IPOWRAMCE fATOKKUPM NfNRAttCE VOLLunom WLUS 0M 101he •t�aPa�• abom or SSCW e<tm0�e. w►as-seat- is treed VW the esd�sie�+ tsbte� p �e u»te*iek ar Mha b =Mvns kw or POW /;nr+e:. mdde. m}icatia. 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R 11 d• M i 1 t1Tt � � �1l l�OgSiO�S d. atQ lts newne a: old as no strata a r e 1 at a+a •arr r fe stow& ttW1llEt t�ltllwt M ao71 UMM Emma prat�l![ t� Lwow MMUM 6OLCM rntm tttwec 8� MW MOM so U� t� warns' a, eMCM term erwa *Br M max= mom It w UNLION • aw man MOMIM UMM � NEW M� - witaelxea•eet tUeelia .r� a lea d htgi IL aaa as dre•da rover t L f r Well ra r ra pooph a to VlM~ ftdta tt A*W IS In tree ra�q taei r eee�d �+. sad ea.d i or ��. dd fe � IFW a troeawtw+aosart srer�a.errffr. ■ar•�rsr.rst�a I% nit f Is card It re wn "�alp g.r so eaaaf m r b arm...* woes ada aaat do at in s t r.� rid d r Gad seer/ r �! a �e r r�ea � * fe • ialarra reeat rasa aa+r desJt r to eaeeaary or afar • ease wi *wan tae! ar eater d aeaLZ aaei� •r �+ r td4 t aaitt Gala Baia r r war rr as , s i �.m: Mft W are � ridgy "Al PAs a be LOFIolds" & aamemos`iwioerreearradabed UsofRadk*eANN9andKet t *es a att!•ne�a r re la taaa d rawer! ra >< aria are "ft I" IWO a On � a�eR r ilin a re bwe Oat fe am" M wed r tp t eaie ear edia r r so" r•d a rd fee aft /�r� r fe die re a archer. ae•eaMa , a de tab ft awq O1 ad a pft It stag Gad to si r 1 rNowIn i INN onstwe r Per w eatrn ra wow • a r a.am a In ap••K MMVM .• . f ed take ar f #A :r drefw dal are pft t aiat a r a an adtR ea a woof r IN now aoeeF a anal GOPMace r rt tool oar d ra r• W pat d aYdia rr a �w re �a� a Oft t o mom an wo* a Y PROM t afYit a we a/t r aAJ fe aMtara� r to era sold andta a to emp" t d !a rr an of s reudaa f aOf sti ea•d owl >! d+t f eeisa s Brawl *0 le uffdW d arm lb idea d seat a fe freei•e rr as ry d mxll it dad r >< ease Mot rtn I r ewe d r dv tail d aid i ohs dra t fe eased aawl a i ft mov" aw Y e r a.rt s It ye#iet Dada:■ r a" a lsm eitet eat s Oe tad rand : M 1 f fe eidaf�ed a f< Geier toes r In t r e.anti +m r r ..a fr adta etAsr Greer Pft f an ataa ta' eat ra fw mete as i r ti % 0 .idre wo r ft OW a" a led an do wnrtietygi •Qua. fe ete�q sea ow easN 1 a ref r aaq r tlr .val• see IW OF" a a PER f< fs+a f fe on & �+' • sta+ae Meant fe geeaiao f p•iet •fo Ae oR+3 an � a" tea wmw A t�l • e % r n r •fee M 6 0 ♦ aM and trod dewM go let eeaas� i ie efa rf ti eRt ea r � tt eMAt 1e eeera deal doi wad _..... •..AtuA •a1 of •aa 1 tor d tasmar• It fe fearer at bw f sa�oao Erne ♦ttacnm i a Clause ne<a oe commetra am. wnen ems road nement fs ssuea suoseauem to orewnbon et 'ne poeq.; LIABILITY GL 21 04 (d. 07 66) G 304 L 914 i EXCLUSION (Ed. 746 (Completed Operations Hazard and Products Naurd) This enaersen+e^t meadles s„ch insurance as s aC;rcec by the provisions of the policy relating to the following: COMPREHENSIVE GENERAL LIABILITY INSURANCE This endorsement. effective ❑a:ot a. w. stanmm hint . forms a part of policy No. issued to by FUN(w4tE NeatH<ntatrve ................................ It is agreed that such insurance as is afforded by the Bodily Injury Liability Coverage and the Property Damage Liability Coverage does not apply to bodily injury or property damage included within the Completed Operations Nauru or the Products Hazard. AUTNENM CONTRACT AGREEMENT STATE OF TEXAS )( CO[PITY OF DENTON )( THIS AGREEMENT, made and entered into this 18 day of MARCH A.D., 19 87, 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 ALBENESIUS CONTRACTING P.O. BOX 1712 of the City of DENTON , County of DENTON 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 N 9721 - CROYDON, IMPERIAL, DOTSON ST'S WATER & SEWER LINES P.O. # - $79,719.00 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 thereforeas prepar d by , CITY OF DENTON ENGINEERING DEPARTMENT , 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: ATTEST: Aaak Afh&A:e,, s APPROVED AS TO FORM: City Attorney CA-2 0044b CITY OF DENTON TEXAS Party the Fir t Part, i Ek $y 0 HA R LL, ITY MANAGER (SEAL) Party of the Se�c%oqnd/ Part, CONTRACTOR Title pwnrer (SEAL) Bond No. TPI 619641 PERFORMANCE BOND STATE OF TEXAS )( COUNTY OF DENTON )( KNOW ALL MEN BY THESE PRESENTS: That Larry Albenesius dba Albenesius Contracting , of the City of Denton County of Denton , and State of Texas as PRINCIPAL, and Transamerica Premier 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 SEVENTY NINE THOUSAND SEVEN HUNDRED NINETEEN AND NO CENTS Dollars 3 79,719.00 ) 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 MARCH , 1987 , for the construction of BID# 9721 - CROYDON, IMPERIAL STREETS 8" WATERLINES AND DOTSON STREET 8" SANITARY SEWER 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 WHEREOF, the said Principal and Surety have signed and sealed this instrument this 1st day of April , 19 87 LARRY ALBENESIUS DBA ALBENESIUS CONTRACTING Principal Title pc'okfe Address CO. e aS' 1 21,0— e AJTOAI J X, 7/ D a o-Z.- (SEAL) TRANSAMERICA PREMIER INSURANCE COMPANY Surety By: Title Robert T. Cirone, Attorney -in -Fact Address Box 82007, Lincoln, Nebraska 68501 The name and address of the Resident Agent of Surety is: Greg Faulx, 1812 Durham, Houston, Texas 77077 (SEAL) NUPE: Date of Bond must not be prior to date of Contract. 9M 0091b Bond No. TPI 619641 PAYMENT BOND STATE OF TEXAS )( COUNTY OF DENTON )( KNOW ALL MEN BY THESE PRESENTS: That Larry Albenesius dba Albenesius Contractina of the City of Ilan tnn , County of Denton and State of as principal, and Transamerica Premier Insurance Comoany, Irvine. California 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 SEVENTY NINE THOUSAND SEVEN HUNDRED NINETEEN AND NO CENTS Dollars ($ 79.719.00 ) 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 18 day of MARCH , 1987 BID# 9721 - CROYDON, IMPERIAL, DOTSON ST'S WATER & SEWER LINES 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 thislst day of April LARRY ALBENESIUS DBA ALBENESIUS CONTRACTING Principal Title &&) kie r Address a_ Re'-"_ / %/.9- 19 87 TRANSAMERICA PREMIER INSURANCE COMPANY Surety i' Fes' � �- C Title Robert T. Cirone, Attorney -in -Fact Address Box 82007, Lincoln, Nebraska 68501 (SEAL) (SEAL) The name and address of the Resident Agent of Surety is: Greg Faulx 1812 Durham Houston, Texas 77077 PB-4 0092b IFTransamerica Insurance Services Transamerica Premier Insurance Company Administrative Office Irvine, California N° 0281 G PA Power of Attorney valid only it numbered in red. General Power of Attorney Know All Men by These Presents, That Transamerica Premier Insurance Company, a corporation duly organized and existing under the laws of the State of California, and having its administrative office in Irvine, Orange County, California, does by these presents make, constitute and appoint ROBERT T. CIRONE of— Lincoln and State of Nebraska its true and lawful Attorneys) -in -Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver CONTRACT BONDS (S.B.A. Guarantee Agreement) — MAXIMUM PENALTY $250,000.00 "THIS POWER OF ATTORNEY SHALL TERMINATE AND BE OF NO FURTHER EFFECT AFTER DECEMBER 31, 1987" and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorneys) -in -Fact may do in the premises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of the Transamerica Premier Insurance Company, at a meeting held on the 12th day of June, 1984. "Be It Resolved, that the President, any Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorneys) -in -Fact to represent and act for and on behalf of the Company subject to the following provisions: "Section 1. Attorney -in -Fact. Attorney -in -Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements of indemnity, consents of surety and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary." In Witness Whereof, Transamerica Premier Insurance Company has caused these presents to be signed by its President and its corporate seal to be hereto affixed this 5th day of November A.D., 19 86 QPeV, tfit lNSpr4, c Q� o _ INCORPORATED JULY 1, 1941 t State of California 55.: County of Orange SAL I FORNtP TRANSAMERICA PREMIER INS ANCE COMP By Onthis_ 5th day of November in the year 1986 ,before me ,loan M 4fin a notary public, personally appeared Jack M. TrdDD personally known to me to be the person who executed the within instrument as President on behalf of the corporation therein named and acknowledged to me that the corporation executed it. 106N Nfl. WYNN j E dl CAUFORNIP. E F A L CFF JE IN COUNTY Notary Public AIY COMMISSION EXPIRES SEP. 18, 1987 I, the n e n cr ry r n angrirr er Insurance Company hereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Company, and do hereby further certify that the said Power of Attorney is still in force and effect. And I do hereby further certify that the Certification of this Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolution adopted by the Board of Directors of the Transamerica Premier Insurance Company at a meeting duly called and held on the 12th of June, 1984, and that said resolution has not been amended or repealed: "Resolved, that the signature of the Secretary or any Assistant Secretary of this Corporation, and the seal of Corporation, may be affixed or printed by facsimile to any certificate to a Power of Attorney of this Corporation, and that such printed facsimile signature and seal shall be valid and binding upon this Corporation." GIVEN under my hand and the seal of said Company, this 1st day of 19 87 THIS POWER OF ATTORNEY EFFECTIVE ONLY IF 0�,, P C-12, ATTACHED TO BOND NO. TPI 619641 Secretary mn24A 10-85 Bond No. TPI 619641 MAINTENANCE BOND STATE OF TEXAS X COUNTY OF DENTON X KNOW ALL MEN BY THESE PRESENTS: THAT Larry Albenesius dba Albenesius Contracting as Principal, and Transamerica Premier insurance 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 SEVEN THOUSAND NINE HUNDRED SEVENTY ONE DOLLARS AND NINETY CENTS Dollars 7,971.90 , IU7 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 ALBENESIUS CONTRA Itly has this day entered into a written contract with the said City of Denton to build and construct BID# 9721 - CROYDON. IMPERIAL. DOTSON ST'S WATER & SFWER_LINES which contract and the plans and specifications therein 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 n 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 Larry Albenesius dba Albenesius Contracting as Contractor and Principal, has caused these presents to be executed by Larry Albenesius and the said Transamerica Premier InsuranceCompany as surety, has caused these presents to be executed by its Attorney —in —Fact Robert T. Cirone and the said Attorney —in —Fact has hereunto set his hand this ,G, day of April , 19 87 . SURETY: PRINCIPAL: TRANSAMERICA PREMIER INSURANCE COMPANY BY: �. c Robert T. Cirone Attorney —in —Fact 0093b LARRY ALBENESIUS DBA ALBENESIUS CONTRACTING IMU,-W I � I IFTransamerica Insurance Services Transamerica Premier Insurance Company Administrative Office Irvine, California N° 0280 G PA Power of Attorney valid only it numbered in red. General Power of Attorney Know All Men by These Presents, That Transamerica Premier Insurance Company, a corporation duly organized and existing under the laws of the State of California, and having its administrative office in Irvine, Orange County, California, does by these presents make, constitute and appoint .,,.­r of —Lin _n and State of Nebraska its true and lawful Attorneys) -in -Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver CONTRACT BONDS (S B A Guarantee Agreement) - MAXIMUM PENALTY $250,000.00 SH OF and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of the Transamerica Premier Insurance Company, at a meeting held on the 12th day of June, 1984. "Be It Resolved, that the President, any Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorneys) -in -Fact to represent and act for and on behalf of the Company subject to the following provisions: "Section 1. Attorney -in -fact. Attorney -in -Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements of indemnity, consents of surety and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary." In Witness Whereof, Transamerica Premier Insurance Company has caused these presents to be signed by its President and its corporate seal to be hereto affixed this 5th day of November AO 19 86 tfit 1NS�9gy TW Q o By z INCORFGRATED IULY 1, 1941 < State of California ss.: County of Orange SAL I FORNta On this 5th _day of November in the year 1986 ,before me tnan M.. Wynn , a notary public, personally appeared Jack M. Trapp personally known to me to be the person who executed the within instrument as President on behalf of the corporation therein named and acknowledged to me that the corporation executed it. C) IHI_ 5 AL hh// f R i1.0 C:,UFORNIP. FAQ oEE :E 1N Notary Public COUNTY MY COMMISSION EXPIRES SEP. 18, 1987 I, the n e I n cr ry r n aifflin-rrTner Insurance Company hereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Company, and do hereby further certify that the said Power of Attorney is still in force and effect. And I do hereby further certify that the Certification of this Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolution adopted by the Board of Directors of the Transamerica Premier Insurance Company at a meeting duly called and held on the 12th of June, 1984, and that said resolution has not been amended or repealed: "Resolved, that the signature of the Secretary or any Assistant Secretary of this Corporation, and the seal of Corporation, maybe affixed or printed by facsimile to any certificate to a Power of Attorney of this Corporation, and that such printed facsimile signature and seal shall be valid and binding upon this Corporation." GIVEN under my hand and the seal of said Company, this 1st day of April 19 87 THIS POWER OF ATTORNEY EFFECTIVE ONLY IF (� ATTACHED TO BOND NO. TPI 619641 secretary 30024A 10-85 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 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 $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 begin 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 P Binder No. or 205 LAME AND ADDRESSOF AGENCY COMPANY DON PETERSON & ASSOCIATES MARYLAND CASUALTY COMPANY 212 N. MAIN P. 0. BOX 646 Effective ints ELKHORN, NEBRASKA 68022 Expires E]tz:ot am ❑ NooN1AY 13 ,19 87 El This binder is issued to extend coverage in the above named (402) 289-3121 company per expiring policy q (except as noted below/ TAME AND MAILING ADDRESS OF INSURED Description of Operation/Vehicles/Property CITY OF DENTON, TEXAS 901-B STRE ET RE�EIG'� TEXAS DENTON,TEXAS 76201 ' i l u7 'ATTN: JOHN J. MARSHALL Type and Location of Property Coverage/Perils/Forms Amt of Insurance Ded. Coins. P I RO P E R Y Limits of Liability Type of Insurance Coverage/Forms Each Occurrence Aggregate L 1 rt1 u Scheduled Form ® Comprehensive Form Bodily Injury ^ • $ 500,000: $' 500,000. A 1 ❑ Premises/Operations ElProducts/Completed Operations .' '",1 Property Damage $ SDD,DDD. $ SDD,DDD. Bodily Injury & L 1 • . ❑ Contractual '. T ® Other (specify below)OWNER I S PROTECTIVE LIABI ITY Damage PropertyoCombined $ $ ❑ Med. Pay. $ erson $ Per Personal Injury $ Acc Gent Personal Injury ❑ A ❑ B ❑ C Limits of Liability - Bodily Injury (Each Person) $ A ❑ Liability ❑ Non-own6d ❑ Hired U 7 ❑Comprehensive -Deductible $ Bodily injury Each Accident) $ Y I Y O M ❑ Collision-Ded uct ible $ $ O El Medical Payments � $ Property Damage B .I. _❑ Uninsured Motorist $ L ❑ No Fault (specify): Bodily Injury & Property Damage E ❑ Other (specify): Combined $ ❑ WORKERS' COMPENSATION — Statutory Limits (specify states below) ❑ EMPLOYERS' LIABILITY — Limit $ iPECIAL CONDITIONSIOTHER COVERAGES PROJECT - CROYDEN, IMPERIAL & DOTSON STREETS, DENTON, TEXAS - TOTAL AMOUNT OF JOB $79,719.00. BINDER ISSUED PENDING ISSUANCE OF POLICY INDICATED LAME AND ADDRESS OF ❑ MORTGAGEE ❑ LOSSPAYEE ❑ ADD'L INSURED CONTRACTOR LARRY ALBENESIUS CONTRACTING LOAN NUMBER P. 0. BOX 93 JACKSON, NEBRASKA 68743 lii n, wt� �i�iwft�O I►� 4/13/87-R Signature of Authorized Representative Date 4CORD 75 It 1f77 OI • cic4/6/87-R ISSUE DATE (MM/DDlVV) PRODUCER j jDON PETERSON & ASSOCIATES THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, 212 N. MAIN EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P. 0. BOX 646 ELKHORN, NEBRASKA 68022 COMPANIES AFFORDING COVERAGE COMPALETTER NV A NORTHERN INS. CO: OF NEW YORK COMPANY LETTER B TRAVELERS INDEMNITY CO. INSURED LARRY ALBENESIUS CONTRACTING P. 0. BOX 93 COMPANY LETTER C JACKSON, NEBRASKA 68743 COMPANY LETTER i COMPANY E LETTER BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDI- THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES TIONS OF SUCH POLICIES. CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MMNDA'1'I POLICY EXPIRATION DATE (MI LIABILITY LIMITS IN THOUSANDS •. EACH OCCURRENCE AGGREGATE A GENERAL LIABILITY COMPREHENSIVE FORM GL-68555413 6/6/86 6/6/87 BODILY INJURY $ $ PROPERTY DAMAGE $ $ PREMISES/OPERATIONS UNDERGROUND EXPLOSION & COLLAPSE HAZARD COMBINED $ 1,000 $ 1,000 PRODUCTSICOMPLETED OPERATIONS CONTRACTUAL - INDEPENDENT CONTRACTORS PERSONAL INJURY t $ 1,000 I BROAD FORM PROPERTY DAMAGE PERSONAL INJURY A AUTOMOBILE X LIABILITY ANY AUTO ALL OWNED AUTOS (PRIV. PASS.) ALL OWNED AUTOS (PRNRPT AN) AUTOS / NON OWNED AUTOS GARAGE LIABILITY WAA-80364631 6/6/86 6/6/87 BODILY iP"EN� ENwIn InXwYv (PEN ACLmETT $ $ Y F 55d; ws'N{tP'�y XHIRED PROPERTY DAMAGE $ �( BI & PD COMBINED $ 1 GOO EXCESS LIABILITY UMBRELLA FORM COMBINED $ $ OTHER THAN UMBRELLA FORM .B WORKERS' COMPENSATION AND 6-UB-63OG869-8-86 6/6/86 6/6/87 STATUTORY - "'e'14RygiY;:(It'M"j j tr„4' $ 100 (EACH ACCIDENT) 'i"!:,,a $ (DISEASE -POLICY llMll) 3 EMPLOYERS' LIABILITY .a,.+ loo (DISEASE -EACH EMPLOYEE) OTHER i DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLESISPECIAL ITEMS JOB: WATER & SEWER LINE BID NO. 9721 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX - TO MAILTION OATE DAYS WRITTEN THEREOFNOTICE TO THE CERTIFICATE HOLDERTHE ISSUING COMPANY WILLENDEAVOR NAMED TO THE CITY OF DENTON TEXAS 901-B TEXAS STREET DENTON TEXAS 76201 ATTN: JOHN MARSHALL LEFT, BUTFAILURETO MAIL SUCH NOTI E SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, NTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE /�� OOQ PURCHASING AGENT / nt • • • 4'+ P 4vy.. y, i i a -+lt 4 $ t 1: _ ._ e�.� �yt'``. :'{? ... �rw.i.n s�.-.-Y.: a„r rb4. • zC r rt .. s f�.. ! fi�.nr,.. '� jai.... • •' •- "T'., .marnws .�_ J ...11i Ti w.;{ P `� itTT;II+"'r R.IC- .Jr"...�ea - .. � - �4.... t. a..; en_ ❑ rl � ..I ... . .. � 1. CERTIFICATE OF INSURANCE CITY OF DENTON Name and Address of Agency Name and Address of Insured., City of Denton Reference: Project Name: CROYDON. WERIAL, DDiSM ST'S 6&S LINE Project No: BID# 9721 Project Location: CITY OF DMIN, TDM Managing Dept: RRMING DEPPRihkM Companies Affording Coverage% A B C This is to certify that policies of Insurance Iisted below have been issued end are to force at this tine. T.. .4 1 Expiration Limits of Liability Y.i-- n_L Comprehensive General Liability - Occurrence Occurrence - Claims Made (sea 1112-reversa) Bodily Injury $ Broad Form to Include: - Premises/Operations Property Damage $ - Independent Contractors - Products/Completed Operations - Personal injury -Contractual Liability (see #I -reverse) Bodily injury and Property Damage Combined $ - Explosion and Collapse Hazard - Underground Hazard - Liquor Liability Coverage - Fire Legal Liability (see 0-reverse) - Broad Form Property Damage - Professional Errors/Omissions - occurrence - claims made (see /2-reverse) Comprehensive Auta obII* Liability Bodily Injury/Person Bodily Injury/Accident $ $ - Owned/Leased Automobiles - Hon -owned Automobiles Property Damage $ Bodily Injury/Property - Hired Automobiles Damage Combined $ - Yorkers' Compensation and Employers' Liability Statutory Mount each 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. Memo and address of Certificate Holder. MY • •D • IDr • r• YI •o �D � •' •" •• IIYYI• • %•! M •IYI•a%7• :0%9 CI-3 CONDITIONS AMITIONAL INS M: The City of Denton, its elected aid appointed officials, offices and employees. (This does not apply to Mbrkw's C3upwsationn.) NOTICE OF CANMMOR: Prior to any material chI or caxpllatirn, the City of Denton will be given 30 days ad%III written mtice mailed to the stated address cf the Ca-tificate Holder, City of Denton. v •- r. _ w r. •. •- •a •u• _ .• - ,• a •- •c w• •: •• _ • r,• a • • • • •- a w •:I tZIEV. - •- • • "MI u i e• • •- e.• 2. CWM mW paM FTAN: Regiriied period of oma-.W Will be determined by the followa g fbnnila: Cantinas ooverage. for the life of the amtract, plus one year (to provide covereep for the warranty period), aid a artedcd disoouey period for a umnimm of 5 yeas which shall begin at the end of the warranty period• corsbwticn or - , w • of • c• or facilities). In- • is - • omper bI contents .p r.• - and permanently installed eUpxnt withrespect to guixx ty to structur4es or portions of strictures if such daI is caused by the peril or fire and d-je to the cpa-dtkm of the contractor. Liis of ,• to be a minim of •1 111 CI-4 BID 119721 PROPOSAL TO THE CITY OF DENTON, TEXAS FOR THE CONSTRUCTION OF 1986 C.I.Y. CROYDON AND IMPERIAL 8" WATER LINE AND DOTSON STREET SANITARY SEWER IN DENTON, TEXAS The undersigned, as bidder, declares tnat 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 Bidoers, specifications and the plans therein referred to, and has carefully examined the locations, conditions, ano classes of materials. of the proposed work and agrees that he will provide ail the necessary labor, machinery, tools, apparatus, and other items inciuentai to construction, 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 quantities of work to oe done at unit prices and material to be furnishea may be increasea 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 agreed that the work is to oe completed in full within the number of work days snown on the bid tabulation sheet. COMPLETE & SUBMIT BOTH P - 1 SETS OF BID PROPOSALS (yellow & gold copies) Accompanying this proposal is a certified or cashier's check or Bid Bond, payable to the Owner, in the amount of five percent of the total bid. It is understood that the bid security accompanying this proposal shall be returned to the bidder, unless in case of the acceptance of the proposal, the bidder shall fail to execute a contract and file a performance bond and a payment bond within fifteen days after its acceptance, in which case the bid security shall become the property of the Owner, and shall be considered as a payment for damages due to delay and other inconveniences suffered by the Owner on account of such failure of the bidder. Owner reserves the right to reject any and all bids. Owner may investigate the prior performance of bidder on other contracts, either public or private, in evaluating bid proposals. Should bidder alter; change, or qualify any specification 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 BID NO. 9721 Croydon 8' Water Line PO NO. BID TABULATION SHEET ITEM DESCRIPTION OUANTTTV r1NTT riMTM .o111 1.21 Contractor's Warranties j and Understandings LS $ ado oo/LS 00 2.12.8 Cast Iron Fittings 0 LB.t q,00 /LB 2.12.20-B 8' PVC Water Main 882 LF 13.00 /LF 00 2.13-A 6' Gate Valve 2 EA 350.00/EA 740.e0 2.16=A 3/4' Water Service 17 EA .216.00/EA 1719S6,a0 3-A Remove Concrete Pavement 8 Sy /, OD /SY OD 3-B Remove Concrete Curb and Gutter 8 LF /LF �,00 5.7-B Type D Asphalt Patch 75 TON p,ap /TONI 30oo.bo 5.8 6' Concrete Pavement 8 SY / uo /SY I ,00 7.4 Concrete Encasement 4 CY .5-' oo/CY p 8.1 Barricades, Warnings and Detour Signs LS t 3oo,ov /LS 36o.,00 8.2-A Concrete Curb & Gutter 8 LFt S.00 /LF O.Oo SP-2 Concrete Saw Cut 47 LF t 400 /LF y 7 a0 SP-10 Rock Clause 0 Cy 30.WCY SP-14 Fire Hydrant Installation 2 EA 5700. 4qEA /",vo TOTAL P - 3 Imperial 8' Water Line BID NO. —777r-- PO NO. BID TABULATION SHEET ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL 1.21 2.12.8 Contractor's Warranties I and Understandings Cast Iron Fittings 0 LS LB. o/LS I oo /LB ao.bo 2.12.20-8 2.13-A 2.13-6 8' PVC Water Main 6' Gate Valves 8' Gate Valves 1,974 5 2 LF EA EA /3.00 /LF SO.os/EA eZ.oc 2-14 - Fire Hydrant 2 I EA SO,ao/EA I oaa 2.16-A 2.16-B 3/4' Water Service l' Water Service 37 1 EA EA 07 SO,ao Qao/EA 7 .,,o/EA a?S D no 2.16-C 1-1/2' Water Service 1 EA 3aS.uo/EA oZ y ,uo 3-A Remove Concrete Pavement 8 SY 00 /SY o 3-B Remove Concrete Curb and Gutter 20 LF 400 /LF O.ao 5.7-B Type D Asphalt Patch 150 TON O.ao /TON 4000,00 5.8 6' Concrete Pavement 8 Sy O.uo /SY ,a o 7.4 Concrete Encasement 8 CY p /Cy o B.1 Barricades, Warnings and Detour Signs LS 00.00/LS o 8.2-A Concrete Curb 6 Gutter 20 LF 'a /LF o.00 SP-2 Concrete Saw Cut 74 LF 1.00 /LF % .ao SP-10 Rock Clause 0 CY I 30.00/CY SP-14 Fire Hydrant Installation 3 EA SOO,ao/EA .S TOTAL P - 4 Dctson 8' Sanitary Sewer BID -NO. 9721 PO NO. ITEM DESCRIPTION BID TABULATION SHEET QUANTITY UNIT 1.21 2.12.20-B 5.7-B 7.4 Contractor's warranties and Urderstandincs 8' PVC Water Pipe for Sanitary Sewer Type D Asphalt Patch Concrete Encasement 506 30 41 LS LF TON CY u pll rn1t.G OD /LS ,a /LF p,00 /TON ao /CY TOTAL S pa.aa 13oo.ao 7.6 8.1 WS-11A SP-10 4' Z.D. Concrete Manhole Barricades, warning and Detour Signs 4' Sewer Service Rock Clause 2 2 0 EA LS EA CY ,o/EA �SD.00/LS o.00 /EA 30.00/CY Oo,uu - 00 Do.o TOTAL P - 5 BID SUMMARY SHEET bia i y ldl WEEKDAYS 1. Croydon 8" Water Line 10 2. Imperial 8" Water Line 15 3. Dotson 8" Sanitary Sewer 15 4. Projects 1-3 40 BlD � o�lj 5119.00 $ 7/9,ee These projects are to be bid together. Contractor shall not qualify any bid submitted. The City of Denton reserves the right to award all or portions of this pacKage to incivibuai contractors. BID SUMMARY TOTAL In the event of the award of a contract to the unaersigned, the undersigned will furnish a performance bond and a payment boiid 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 compietion and acceptance, and to guarantee payment for all lawful claims for labor performed and materials furnished in the fulfillment of the contract. It is understood that the work proposed to be done shall oe accepted, when fully completed and finished in accordance witn 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 submittea as correct and final. Unit and lump -sum prices as shown for each item iisted in this proposal, shall control over extensions. i CONTRACTOR B Y Q 0, j�a-/- 17 /2 Street Address (�P_AJ d l X. 7Gao� City and State Seal & Authorization ( If a Corporation) -2 - 3 G 9? Telephone P - 7