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1999-270 ORDINANCE NO ~5~-~c~ 70 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF HICKORY CREEK SANITARY SEWERLINE CROSSINGS PHASE II, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE (BID 2387 - HICKORY CREEK SANITARY SEWERLrNE CROSSINGS AWARDED TO OSCAR RENDA CONTRACTING, INC IN THE AMOUNT OF $549,115 50) WHEREAS, the City has solicited, received and tabulated competitive bids for the construction of public works or improvements in accordance with the procedures of STATE law and City ordinances, and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or improvements described in the bid invitation, bid proposals and plans and specifications therein, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the following competitive bids for the construction of public works or improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids BID NUMBER CONTRACTOR AMOUNT 2387 OSCAR RENDA CONTRACTING, INC. $549,115.50 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, and insurance certificate 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 constmctmn of the public works or improvements ~n 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 pubhc works and Improvements as authorized heroin, 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 ~ts passage and approval PASSED AND APPROVED this the / 7~'~''-~ dayof ~,1999 JA~ilLLER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY 2387- HICKORY CREEK SEWERLINES ORDINANCE ATTACHMENT 1 TABULATION SHEET Bid # Z,3..O.Z Date ~ HICKORY CREEK SEWERLINE CROSSINGS No I Qt¥. I, ~ DESCRIPTION VENDOR VENDOR VENDOR ...... ~ ............... ~" OSCAR RENDA EARTH CONTRACTING, BUILDERS LINDER STAHL HICKORY CREEK CROSSING $346,007 25 $463,542 50 $350,433 00 1 PHASE II HICKORY CREEK CROSSING $203,108 25 $299,397 50 $228,621 00 PHASE II (ALTERNATE) 2 TOTAL AMOUNT $549,115 50 $762,940 00 $579,054 00 ADDENDUM YES YES YES BID BOND YES YES YES CONTRACT AGREEMENT STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT, made and entered mto this AUGUST day of 17 A D, 1999, by and between CITY OF DENTON · of the County of DENTON and State of Texas, acting through MICHAEL W JEZ thereunto duly authorized so to do, hereinafter termed "OWNER," and OSCAR RENDA CONTRACTING, INC 522 BENSON LAKE ROANOKE, TX 76262 of the City of ROANOKE , County of DENTON and State of TEXAS , hereinafter termed "CONTRACTOR" WITNESSETH That for and m consideration of the payments and agreements hereinafter mentioned, to be made and performed by OWNER, and under the conditions expressed in the bonds attached hereto, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified below BID # 2387-HICKORY CREEK SANITARY SEWERLINE CROSSINGS in the amount of $549,115 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, supenntendenee, labor, insurance, and other accessories and services necessary to complete the work specified above, m 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 CA - 1 accordance with the plans, which includes all maps, plats, bluepnms, and other drawings and printed or written explanatory matter thereof, and the Spec~ficauons therefore, as prepared by ENGINEERING DEPARTMENT all of which are made a part hereof and collectively evidence and constitute the entire contract Independent Status It is mutually understood and agreed by and between City and Contractor that Contractor is an mdependent contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas, for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, worker's compensation, or any other City employee benefit City shall not have superwslon and control of Contractor or any employee of Comraetor, and it is expressly understood that Contractor shall perform the services hereunder, according to the attached specifications at the general &rection of the City Manager of the City of Denton, Texas, or his designee under this agreement Indemnification Contractor shall and does hereby agree to lndemmfy and hold harmless the City of Denton from any and all damages, loss, or liability of any kind whatsoever, by reason of injury to property or third persons occasioned by any error, omission or negligent act of Contractor, its officers, agents, employees, mmtees, and other persons for whom it is legally liable, with regard to the performance of this Agreement, and Contractor will, at its cost and expense, defend and protect the City of Denton against any and all such claims and demands Choice of Law and Venue This agreement shall be governed by the law of the State of Texas and venue for ~ts construction and enforcement shall he in the courts of Denton County, Texas The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in written notice to commence work and complete all work within the tune stated in the Proposal, subJeCt to such extensions of time as are prowded by the General and Special Condmons The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown m, the Proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the Contract CA - 2 IN WITNESS WHEREOF, the parUes of these presents have executed tMs agreement m the year and day first above written ATTEST ~ (SEAL) ATTEST ~a~, ~ee,~'r~.y CONTRACTOR MAILING ADDRESS PHONE NUMBER APPROVED AS TO F~ P~NTED NAME CITY AT~ BID 2387 8/99 CA - 3 PERFORMANCE BOND ~ona #8149-24-01 STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS That OSCAR RENDA CONTRACTING, INC whose address is 522 BENSON LANE, ROANOKE, TX 76262, hereinafter called Principal, and Federal Insurance Company a corporation orgamzed and existing under the laws of the State of TEXAS , and fully authorized to transact business m the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a munmlpal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, in the penal sum of FIVE HUNDRED FORTY NINE THOUSAND ONE HUNDRED FIFTEEN AND 50/100 DOLLARS ($549,115 50) plus ten percent of the stated penal sum as an additional sum of money representing additional court expenses, attorneys' fees, and liqudated damages arising out of or connected with the below identified Contract, m lawful money of the United States, to be paid in Denton County, Texas, for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement which reduces the Contract price decrease the penal sum of thlS Bond THE OBLIGATION TO PAY SAME is condmoned as follows Whereas, the Principal entered into a certain Contract, identified by Ordinance Number 99-270 , with the City of Denton, the Owner, dated the 17 day of AUGUST A D 1999, a copy of which is hereto attached and made a part hereof, for BID # 2387-HICKORY CREEK SANITARY SEWERLINE CROSSING NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill all of the tmdertakmgs, covenants, terms, conditions and agreements of said Contract in accordance with the Plans, Specifications and Contract Documents during the original term thereof and any extension thereof wfuch may be granted by the Owner, with or without notice to the Surety, and during the hfe of any guaranty or warranty required under this Contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized mothficatlons of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby waived, and, if the Principal shall repmr and/or replace all defects due to faulty materials and workmanship that appear w~thm a period of one (1) year from the date of final completion and final acceptance of the Work by the Owner, and, if the Principal shall fully indemnify and save harmless the Owner from all costs and damages which Owner may suffer by reason of failure to so perform herein and shall fully reimburse and repay Owner all outlay and expense which the Owner may incur in makmg good any default or deficmncy, then this obhgatlon shall be void, otherwise, it shall remain in full force and effect PB - 1 PROVIDED FURTHER, that if any legal action be filed upon this Bond, exclusive venue shall lie m Denton County, State of Texas AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of t~me, alterauon or ad&uon to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specfficatlons, Drawings, etc, accompanying the same, shall m anywise affect its obligation on this Bond, and it does hereby waive notice of any such change, extenmon of time, alteration or adthnon to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans,' Specifications, Drawings, etc This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, as amended, and any other applicable statutes of the State of Texas The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent m Denton County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Article 7 19-1 of the Insurance Code, Vemon's Annotated C~vll Statutes of the State of Texas IN WITNESS WHEREOF, this instrument is executed in 4 cop~es, each one of which shall be deemed an original, this the 17 day ofAUGUST , 1999 ATTEST PRINCIPAL f/ / 0sear/~e~da Contra~g, Inc ~ // ATTEST SU~:,2>Y ~'~///~. ~'~Z~ Federal Insurance Company D/anne Gass BY Arn~m I Gerstenmeter The Remdent Agent of the Surety m Denton County, Texas for dehvery of notice and service of the process m NAME Jghn L. Mond~cs STREET ADDRESS 8235 Douglas Ave , Suite 828, Dallas, Texas 75225 (NOTE Date of Performance Bond must be date of Contract If Restdent Agent ts not a corporatton, gtve a person's name ) PB - 2 Chubb POWER Federal Insurance Company Attn Surety Department OF Vigilant Insurance Company 15 Mountain View Road Surety ATTORNEY Pacific Indemnity Company Warren, NJ 07059 Know NI by ~ Pmesnts, That FEDERAL INSURANCE COMPANY, an indier~a corporation VIGILANT INSURANCE COMPANY, a New York onrporntlon, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation do each hereby constitute and appoint Arntm I. Gars t enmeier, John L Mo~dics at~d Larry D Greenhaw of Dallas, Texas ............................ each aa their true and lawful Attorney-In-Fact to execute under such designation In their names end to affix their corporate esais to and deliver for and on their behalf as surety thereon or otherwise, bonds (uther then bell bonds) and unde~ldnge given or exeautad In the course of Its ~sineea (but not to include any instruments amending or attmtog the same, nor ¢onconta to the modification or sitoratlon of any instrument referred to in said bonds or obligations) In Wltneae Whereof, esid FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY end PACIFIC INDEMNITY COMPANY have eschexa(~utedandettestadthesepresentsandaffixndthsirc~poretaeaatsonthis 10bh dayof Februaryr 1999 f(e~nsth C Wenaat,'~ell1'etai~tt'$~O/~Y .... I f Fm~k E Robe.eon VIc~Presldent STATE OF NEW JERSEY ~. County of Somerset Onthia 10th dayot February, 1999 before me a Nota~.Publi= of New Jemey pomonallyoame Kennath C We.del to me know~ to be Aaaidtant ~eorelery of FEDEEAL INSURANCE COMPANY. VIGILANT INSURANCE COMPANY and PACIFIC INDEMNITY COMPANY Ibe ~ombenies whtoh exe~ted the foregoing power of ASomey and the "aid Kenneth C Wendal being by me duly sworn did helx~e and ~ay that he ia A~is~ant 8eoreta~/of FEDERAL INSURANCE COMPANY, VIGILANT INSUI~J4CE COMPANY, ami PACIFIC INDEMNITY COMPANY and Imow~ the ~orporete ~esls thereof that the ~eala afll~ed IOlthe foregoing I~wer o~ Altomey are ~tmh oo~orofe ~eal~ end were thereto affixed by authority of the By Law~ of"aid Companies. and that he signed "aid Power of Attorney a~ A"aistant Secretary of.aid Ce4~panl"a by like autherlty a~d that he Is aCClualnte(I v~lh Frank E Roben~on and knows him to be ~ president of "aid Companies, and lhat the signature of Frank E Rot~t~n, subendbed to "aid Power of Attorney is in the genuina handwriting of Frank E Robertson and was thereto aubendbed by authority of .aid By-Lavm and In deponent s pre"an~e OERIIFIC~?ION ~ ~Puhlic Extract from the By Laws of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY All powers of attorney far and on behalf of the Company may and shall be exeauted In the name end on behsif of the Company, either by the Chairman or the President or a Vice President or an Assistant Vice president, jointly with the Secretary or an Assistant Secretary, under their respective deslgrtotlona The atgnature of such officers may be engraved, pHntad or lithngrephed The signature of each of the following officers Chelrnlan, President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary and the coat of the Company may be affixed by fa~lmila to any power of attorney or to any cortiflcota relating theroto appointing Aonistant Searotertes or Attorneys-in-Fact far purposes only of executing and attesting bonds and undertatdnge and other writings obligatory in the nature thereof and any such power cf attomey or certificate bearing such facelmlid signature or facsimile seal shall be valid and binding upon the Company and any such power so exe~utad and corttflnd by such facsimile signature and facsimile eaat shell be valid and binding upon the Company with respect to any bond or unde~aldng to which It is attached" I Kenneth C Wendel, Assistant Sa~retar/of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the *Cofnbenies') do hereby cortify that the foregoing extract of the By-Laws of the Companies Is true and correct, fill) the Companies are dulylk:emied and authorized totreneact surety bostneea In all 60 of the Unitnd Statco °f Amedes and the Die, tot of Columbia and are authchzed bythe U S Treasury De~, further, Federal and Vigilant are ll~mesd In Puerto Rico and the U S Virgin islands and Federal Is licecend in American Same, G~am, and each ~ the Pmvinnas of Canada ~ p~:~e Edvmrfl isamd and (111) the foregoing Power of Attorney is true, correct and in full force and effect GIvanundermyhandandcoalsofesldCompanleaatWarren, NJ this 17th dayof Att_~-~-- lqqq IIN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY TelephOne (908) 903-3485 Fax (908) 903-3658 e-mail surety~chubb corn PAYMENT BOND STATE OF TEXAS § Bond ]/8149-24-01 COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS That OSCAR RENDA CONTRACTING, INC , whose address ts 522 BENSON LANE, ROANOKE, TX 76262, hereinafter called Principal, and Federal Insurance Company , a corporation orgamzed and existing under the laws of the State of TEXAS , anti~ fully anthonzed to transact business m the State of Texas, as Surety, are held and firmly bound unto the C~ty of Denton, a mumclpal corporation organized and ex~stmg under the laws of the State of Texas, hereinafter called Owner, and unto all persons, firms, and corporations who may furmsh materials for, or perform labor upon, the building or ~mprovements hereinafter referred to, in the penal sum of FIVE HUNDRED FORTY NINE THOUSAND ONE HUNDRED FIFTEEN AND 50/100 .... DOLLARS ($ 549,115 50) m lawful money of the Umted States, to be prod m Denton, County, Texas, for the payment of which stun well and truly to be made, we hereby brad ourselves, our he~rs, executors, admmlstrators, successors, and assigns, jointly and severally, firmly by these presents TMs Bond shall automatically be ~ncreased by the amount of any Change Order or Supplemental Agreement which ~ncreases the Contract price, but m no event shall a Change Order or Supplemental Agreemem which reduces the Contract price decrease the penal sum of this Bond THE OBLIGATION TO PAY SAME is conditioned as follows Whereas, the Principal entered mto a certain Contract, identified by Ordinance Number 99-270, w~th the C~ty of Denton, the Owner, dated the 17 day of AUGUST A D 1999 , a copy of which ~s hereto attached and made a part hereof, for BID 2387 - HICKORY CREEK SANITARY SEWERLINE CROSSINGS NOW, THEREFORE, if the Principal shall well, truly and fmthfully perform its duties and make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying labor and/or material m the prosecution of the Work prowded for m said Contract and any and all duly authorized mothficat~ons of sam Contract that may hereafter be made, not~ce of wfuch modifications to the Surety being hereby expressly wmved, then th~s obhgat~on shall be void, otherwise ~t shall remain m full force and effect PROVIDED FURTHER, that ff any legal action be filed on tMs Bond, exclusive venue shall he m Denton County, Texas AND PROVIDED FURTHER, that the smd Surety, for value received, hereby stipulates and agrees that no change, extension of t~me, alteration or add,non to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc, accompanying the same, shall m anywise affect ~ts obligation on th~s Bond, and ~t does hereby waive not~ce of any such change, extension of time, alteration or adthtlon to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawmgs, etc PB - 3 This Bond is g~ven pursuant to the prowmons of Chapter 2253 of the Texas Government Code, as amended, and any other apphcable statutes of the State of Texas The undersxgned and demgnated agent m hereby demgnated by the Surety here~n as the Remdent Agent m Denton County to whom any reqmmte notices may be dehvered and on whom serwce of process may be had m matters anmng out of such suretyship, as prowded by Article 7 19-1 of the Insurance Code, Vernon's Annotated C~wl Statutes of the State of Texas IN WITNESS WHEREOF, thru mstrument is executed m 4 cop~es, each one of which' shall be deemed an ongmal, thru the 17 day of AUGUST ., 1999 ATTEST PRINCIPAL / Oscar Reda ~/ontract~Inc ATTEST SURETY Dianne' Gass BY ArnJm I GerstenmeJer The Remdem Agent of the Surety in Denton County, Texas for dehvery of not~ce and serwce of the process m NAME John L Mondtcs STREETADDRESS 8235 Douglas Ave., Suite 828, Dallas, lexas 75225 (NOTE Date of Payment Bond must be date of Contract If Restdent Agent ts not a corporatton, gtve a person ~s name ) PB - 4 Chubb POWER Federal insurance Company Attn Surety Department OF Vigilant Insurance Company 15 Mountain View Road Surety ATTORNEY Pacific indemnity Company Warren, NJ 07069 Know AIl by These Presents, That FEDERAL INSURANCE COMPANY, an Ind~na coqx~on, VIGILANT INSURANCE COMPANY, · New York c~q~mt~n~nd~AC~FIc~NDEMN~TY~MPANY~aW~nc~ns~nesrp~mt~n~doesch~rebyc~n~t~t~to~nd~ppo~nt Am:Lin /: GerstenmeSer, 3'ohn T.. Mend:Lee and Lar~7 D. G~ee~haw of Dallas, ~.'exae ............................ esoh as their true and lawful Attomey*ln-Faot to exeoute under suoh do~lgnetlon in their names and to affix their corporate esals to and deliver for and on their behalf aa surety thereon or othen~vies, bonds (ofher then ball bonds) and undertakings given or executed in the coume of its business (but not to include any inetrumeflts amending or altorlng the same, nor ooflesnts to the modification o*' elteretlen of any Inetrurnent referred to in esld bonds or obllgetioes) In Witness Whereof, esld FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY and PACIFIC INDEMNITY COMPANY have each executed end atte~tod these pi'e~enta and affixed their omporeta esaLs on this ].Ohh day of Feb rua~:y; 1999 STATE OF NEW JERSEY '~ On this 10/~h day of ~e~oz'ua/~ ~ 19 99 before me a Notary Pulflic of New Jersey pemenetly game Kenneth C Wendel to me known to be Apaletant eeorofmy of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY and PACIFIC INDEMNITY COiVIPANY the oompanta~ which mceouted the foregoing Power of Attorney, snd the setd Kenneth C Wendet being by me duly m~orn did depose and say Ihut he Is Assistant eeoreta~/of FEDERAL IN$URANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY end know~ the oorndrate seats thereof that the laofs offlxed to the foregoing Power of Attorney ere mmh emperors laal~ and were thereto affixed by authority of the By-L.aw~ of laid Companies, end that he signed said Power of Altomey ee Aaetetant 8eamtary of said Companies by like authority' end Ihof he I~ eoquelnted with Frank E Roberl~on end krlowl him to be Vide President of said Ce,mndnles end lbet the sig~ofure of Frank E Robe~tm3n, eubendbed Io said Power of Attorney is in Ihs genuine handwriting of Frank E Robertson, and was thereto eubeoltbnd by suthonty of said By-Law end in deponmlfs presence Extract from the By-L~we of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, snd PACIFIC INDEMNITY COMPANY All powem of sttoms¥ for and on behalf of the Comp"ny n~¥ end shall be ex~uted in the name snd on bohelf of the Comp"ny either by the Cheirmen or the President or a Vi~ Pr~ldent or en Aesletont Vice president, jointly with the Sncretsry or en Aesletent Secretary, under their resp~tlve designations The signature of such ofltoem nl~y be esgmved, pdnted or Iithogmphed The signature of each of the relieving offlcem Cheirman president, Shy Vice President shy Assistant Vice president, any Secretsry sny Aeslst. nt Secretsry snd the .eel of the Comp.ny may be sfflxed by f.~lmlle to any power of sttomey or to any esrtlfloats relating thereto sppolnUng Aeslmnt S~retorles or A~tomeys-ln-Faut for purpo~ ~ly of executing and .treating bonds and undertakings snd other wiltings obligeto~y In the nature thereof, snd shy such power of attorney or cerllflcato bearing such f~Mmlle signature er tooslmlle seal shell be v.lid and binding upon the Comp.ny and any such power,ac executed snd certified by such f.~lmlle sign.turn and facsimile ~1 shell be v~lid snd binding upon the Comp.ny v~th resp~'t to any b~nd or unds~lklng to Milch it Is ~ohed" I Kenneth C Wend~l, Aeslelent SncrMs~y of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the Comp.nies') do hereby esitlfythet the foregoing extract of the By LAWS of the Comp.hies la true snd correct, I:I) the Comp.n. am duly Ik=ermed and autha~zed to hemaof surety bucinees in all 50 of the United Stem of Amedoa and the Dietdct of Columbia end am authodz~l by the U S Tresm.m/De~, fur~or, Federal and Vigilant are licemed In Puerto Rico and Ihs U S Virgin islends, and Fedoml is licensed in Amedcan 8amos, Guam, and each of the Provinces of Canada exceP~ Prince Edward IMand, and (iii) the foregoing Power of Attorney is true, ~e'mot and In full tome and effect Gwen under my hand snd esoi$ of esld Comp.nles at Warren, NJ this 17t:h doyof August:, 1999 lIN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEA$E CONTACT U8 AT ADDRE88 LISTED ABOVE, OR BY Telephene (906) 903-3465 F~x (908) 903-3656 e-mail surety~chubb eom Fom~ ~5-~0.022~(Ed t.~9) NON.CON~ENT CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Btdder's attentton ts dtrected to the msurance requtrements below It ts htghly recommended that btdders confer with thetr respective tnsurance carriers or brokers to determtne tn advance of Bid submtsston the avadabdtty of tnsurance certificates and endorsements as prescribed and pro~tded heretn If an apparent low bulder fads to comply stnctly wtth the insurance requtrements, that balder may be dtsquahfied from award of the contract Upon, btd award, all tnsurance requtrements shall become contractual obhgattons whtch the successful btdder shall have a duty to matntatn throughout the course of thts contract STANDARD PROVISIONS. Wtthout ltmtttng any of the other obltgattons or Itabthttes of the Contractor, the Contractor shall provtde and matntatn until the contracted work has been completed and accepted by the Ctty of Denton, Owner, the mtmmum tnsurance coverage as mdtcated heretnafter ~ts soon as practtcable after nottficatton of btd award, Contractor shall file wtth the Purchastng Department sattsfactory certtficates of tnsurance, contatmng the btd number and tttle of the project Contractor may, upon wrttten request to the Purchastng Department, ask for clartficatton of any tnsurance requtrements at any ttme, however, Contractors are strongly advtsed to make such requests prior to bid opentng, stnce the tnsurance requtrements may not be modtfied or watved after btd opemng unless a wrttten exceptton has been submttted wtth the btd Contractor shall not commence any work or dehver any material unttl he or she receives nottficatton that the contract has been accepted, approved, and stgned by the Ctty of Denton All tnsurance poltctes proposed or obtatned tn sattsfactton of these requtrements shall comply wtth the followtng general spectficattons, and shall be matntatned tn compltance wtth these general spectficattons throughout the duration of the Contract, or longer, if so noted · Each pohcy shall be ~ssued by a company authorized to do business ~n the State of Texas w~th an A M Best Company ratmg of at least A · Any deductibles or self-insured retentions shall be declared m the b~d proposal If requested by the C~ty, the msurer shall reduce or elumnate such deductibles or self-insured retant~ons with respect to the C~ty, ~ts officials, agents, employees and volunteers, or, the contractor shall procure a bond guaranteeing payment of losses and related investigations, claim adm~mstrat~on and defense expenses L~ab~hty pohc~es shall be endorsed to provide the following Name as additional insured the C~ty of Denton, ~ts Officials, Agents, Employees and volunteers That such ~nsurance ~s primary to any other ~nsurance available to the add~tmnal msured w~th respect to clan-ns covered under the pohcy and that thts insurance apphes separately to each insured against whom clmm ~s made or stat ~s brought The inclusion of more than one msured shall not operate to increase the insurer's lumt of habd~ty · All pohc~es shall be endorsed to read "SAID POLICY SHriLL NOT BE CANCELLED, NONRENEWED OR~ MATERIALLY CHANGE WITHOUT 30 DAYS ADVANCED WRITTEN NOTICE BEING GIVEN TO THE OWNER (CITY) EXCEPT WHEN THE POLICY IS BEING CANCELLED FOR NONPAYMENT OF PREMIUM IN WHICH CASE 10 DAYS ADVANCE WRITTEN NOTICE IS REQUIRED" · Should any of the reqmred insurance be provided under a claims-made form, Contractor shall maintain such coverage contmuously throughout the term of th~s contract and, w~thout lapse, for a pertod of three years beyond the contract expiration, such that occurrences arising during the contract term which g~ve rise to clanns made after exp~ratton of the contract shall be covered · Should any of the reqmred insurance be prowded under a form of coverage that includes a general annual aggregate hma prowdlng for claims investigation or legal defense costs to be mcluded m the general annual aggregate hmlt, the Contractor shall e~ther double the occurrence hm~ts or obtain Owners and Contractors Protective Ltabfi~ty Insurance · Should any reqmred insurance lapse dunng the contract term, requests for payments ongmatmg after such lapse shall not be processed until the C~ty receives sansfactory ewdence of reinstated coverage as reqmred by thxs contract, effective as of the lapse date If msurance ~s not reinstated, C~ty may, at ~ts sole option, terminate this agreement effecuve on the date of the lapse SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS All tnsurance pohctes proposed or obtatned tn sattsfactton of thts Contract shall addtttonally comply wtth the followtng marked spectficattons, and shall be mamtatned tn comphance wtth these addtttonal spectficattons throughout the duratton of the Contract, or longer, tf so noted [X] A General Liability Insurance: General L~abfl~ty ~nsurance w~th combined s~ngle hm~ts of not less than $1,000,000 shall be prowded and maintained by the Contractor The pohcy shall be written on an occurrence bas~s e~ther ~n a single pohcy or ~n a combination of underlymg and umbrella or excess pohc~es If the Commercial General Liability form (ISO Form CG 0001 current edition) is used Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual liability covering this contract and broad form property damage coverage · Coverage B shall include personal injury · Coverage C, medical payments, ts not required If the Comprehensive General Llabthty form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) is used, it shall include at least · Bodily injury and Property Damage Llabdlty for premises, operations, products and completed operations, independent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures · Broad form contractual liability (preferably by endorsement) covering this contract, personal injury llabthty and broad form property damage habthty IX] Autornobde Lmbd,ty Insurance Contractor shall provide Commercial Automobile Llablltty insurance with Combined Single Lumts (CSL) of not less than $1,000,000 either m a single policy or in a combmatlon of basic and umbrella or excess policies The policy will include bodily injury and property damage ltablhty arising out of the operation, maintenance and use of all automobiles and mobile equipment used in conjunction with this contract Satisfaction of the above requirement shall be in the form of a policy endorsement for · any auto, or · all owned, hired and non-owned autos [X] Workers Compensation Insurance Contractor shall purchase and maintain Worker's Compensation insurance which, in addition to meeung the mlmmum statutory requirements for issuance of such insurance, has Employer's Lmblhty hmlts of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 policy limit for occupational disease The City need not be named as an "Adthtlonal Insured" but the insurer shall agree to waive all rights of subrogation against the City, its officials, agents, employees and volunteers for any work performed for the C~ty by the Named Insured For building or constmetion projects, the Contractor shall comply w~th the provis~ons of Attachment 1 m accordance with §406 096 of the Texas Labor Code and rule 28TAC 110 110 of the Texas Worker's Compensation Commission (TWCC) Owner*s and Contractor*s Protective Liabihty Insurance The Contractor shall ohtam, pay for and maintain at all t~mes during the prosecution of the work under this contract, an Owner's and Contractor's Protective Ltabthty ~nsurance pohcy nammg the City as insured for property damage and bodily injury which may artse m the proseeutton of the work or Contractor's operaUons under th~s contract Coverage shall be on an "occurrence" basts, and the pohey shall be tssued by the same insurance company that carries the Contractor's hab~hty ~nsurance Pohcy hm~ts wtll be at least combined bodtly injury · and property damage per occurrence wtth a aggregate F~re Damage Legal Liabdity Insurance Coverage ts reqmsed ~f Broad form General Ltab~hty ~s not provided or ~s unavatlahle to the contractor or xf a contractor leases or rents a port~on of a C~ty building Limits of not less than each occurrence are requtred Professmnal Liability Insurance Professional habthty insurance w~th hm~ts not less than per claim w~th respect to neghgent acts, errors or omissions m connection with professional serwces ~s required under thts Agreement Builders' Risk Insurance Builders' R~sk Insurance, on an All-R~sk form for 100% of the completed value shall be provided Such pohcy shall mclude as "Named Insured" the C~ty of Denton and all subcontractors as their interests may appear Adlhtional Insurance Other insurance may be reqmred on an md~wdual bas~s for extra hazardous contracts and specd~c service agreements If such add~ttonal tnsurance ~s reqmred for a specd~c contract, that reqmrement wtll be descrthed m the "Spec~ftc Contht~ons" of the contract spec~ficattons ATTACHMENT 1 [X] Worker's CompensaUon Coverage for Budding or Construction Projects for Governmental Entit~es A Defimttons Certificate of coverage Ccert~ficate")-A copy of a certificate of ~nsurance, a~ certificate of authority to self-insure ~ssued by the commxss~on, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensatxon insurance coverage for the person's or ent~ty's employees providing services on a project, for the duration of the project Duratxon of the project - meludes the t~me from the beg~nmng of the work on the project untd the contractor's/person's work on the project has been completed and accepted by the governmental entity Persons prowdmg serwces on the project ("subcontractor" ~n §406 096) - mcludes all persons or ent~ues performing all or part of the serwces the contractor has undertaken to perform on the project, regardless of whether that person contracted d~rectly w~th the contractor and regardless of whether that person has employees Th~s mcludes, w~thout lumtat~on, Independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity whtch furmshes persons to prowde serwces on the project "Services" include, w~thout l~m~tatlOn, prowdmg, hauhng, or dehvermg eqmpment or materials, or prowdlng labor, transportation, or other serwce related to a project "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable tmlets B The contractor shall provide coverage, based on proper repnrt~ng of classification codes and payroll amounts and filmg of any overage agreements, whxch meets the statutory reqmrements of Texas Labor Code, Section 401 011(44) for all employees of the Contractor prowdmg services on the project, for the duration of the project C The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract D If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage per~od, file a new certificate of coverage with the governmental entity showing that coverage has been extended E The contractor shall obtain from each person prowdlng services on a project, and provide to the governmental entity (1) a certificate of coverage, prior to that person begmmng work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project, and (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the · current certificate of coverage ends during the duration of the project F The contractor shall retmn all required certificates of coverage for the duration of the project and for one year thereafter G The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the prowslon of coverage of any person providing services on the project H The contractor shall post on each project site a notice, in the text, form and manner preserthed by the Texas Workers' Compensatxon Commission, informing all persons providing services on the project that they are required to be covered, and statmg how a person may verify coverage and report lack of coverage I The contractor shall contractually require each person with whom it contracts to provide services on a project, to (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401 011(44) for all of its employees providing services on the project, for the duration of the project, (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project, (3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project, (4) obtain from each other person with whom ~t contracts, and provide to the contractor (a) a certfficate of coverage, prior to the other person begmmng work on the project, and (b) a new certfficate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current cemficate of coverage ends during the duration of the project, · (5) retain all reqmred certfficates of coverage on file for the duration of the project and for one year thereafter, (6) notify the governmental entity m writing by cemfied mall or personal dehvery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person promdmg serwces on the project, and (7) contractually reqmre each person wath whom It contracts, to perform as reqmred by paragraphs (1) - (7), w~th the cemflcates of coverage to be provided to the person for whom they are provlthng serwces J By slgmng this contract or prowdmg or causing to be promded a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide serwces on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll mounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, m the case of a self-insured, with the conumsslon's D~vlslon of Self-Insurance Regulation Prowdlng false or m~sleadmg reformation may subJeCt the contractor to administrative penalties, criminal penalties, clwl penalties, or other mml acnons K The contractor's failure to comply wtth any of these prowslons ~s a breach of contract by the contractor which entitles the governmental enmy to declare the contract void if the contractor does not remedy the breach w~thm ten days after receipt of notice of breach from the governmental entity 2387 PROPOSAL TO THE CITY OF DENTON, TEXAS FOR THE CONSTRUCTION OF DENTON, TEXAS The undersigned, as bidder, declares that the only person or parties interested In this proposal as pnnclpals are those named hereto, that this proposal m 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 exam,ned 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 furmsh all the materials called for m the contract and specifications in the manner prescribed herein and accordmg to the reqmrements of the City as therein set forth It ~s understood that the following quantities of work to be done at umt prices are approxunate only, and are intended principally to serve as a guide in evaluating bids It is agreed that the quantmes of work to be done at unit prices and material to be furmshed may be increased or dummshed as may be considered necessary, m the oplmon of the City, to complete the work fully as planned and contemplated, and that all quantities of work whether increased or decreased are m be performed at the unit prrces set forth below except as provided for m the specifications It ~s further agreed that lump sum prices may be increased to cover additional work ordered by the C~ty, but not shown on the plans or reqmred by the specifications, in accordance with the provisions to the General Conditions Sumlarly, they may be decreased to cover deletion of work so ordered It is underswod and agreed that the work ~s to be completed m full within the number of workdays shown on the bid tabulation sheet P-1 Accompanying thls 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 fa~l to execute a contract and file a performance bond and a payment bond w]th,n fif~ean days after its acceptance, m 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 mconvemences suffered by the Owner on account of such failure of the bidder Owner reserves the hi,lit to reject any and all blds Owner may investigate the prior performance of bidder on other contracts, either public or private, m evaluating bld proposals Should bidder alter, change, or qualify any specification of the bld, 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 ** PLEASE RETURN BID TABULATION SHEET AND SUMMARy SHEET IN DUPLICATE ** P-2 H~ckory Creek Samtary Sewer Work Days . 80 Crossings Phase II B~d No 2387 -- BID TABULATION SHEET P O No 121 IContractorsWarrantmsandUnderstandmgs ]LS [$/,~'~Y_~O /LS Um~PncehWor~ T~ex[o ~oo~g~D T*~ ~ot~R/ - 129-B 16"SteelS~Sewer-EpoxyLme~F~onBo~ed ~ [ LF $~ O ~F UmtPncehWor& T~O ~u~O~ O 7flPr~ PollA~l Umt Price h Wo~s ~o ~0~ 0 et 0 ~*¢ D~l/a~r 129-D l/"$eelSm~Sewer-EpoxyLme~F~onBonded[~CO LF $ ~0 Umt Price ~ Wor~ TxrJo Ho~o~p ~u H,T~ po]~ [ 19 LF $ ~ ~F 224-A I ab,onMa e (V"Dep% 670 ISYS 3-E Remove Concrete Ple~ ] 5 EA $ / 3-F ~Remove Concrete ~p Rap i 248 ~ SY $ UmtPnce~Words ~ ~ (~PX ~ ~Pt2 ~)~ P3 H~ckory Creek Sanitary Sewer" Work Days Crossings Phase II B~d No BID TABULATION SHEET P 0 No 3 1 Preparation of Paght of Way - Unit Price In Words 7Ii/~7-c/ 77,tDzJ,qf0.D)'')/'~QL~ f0i2,~ )"- ~t9 cOZz'-.DT,~ 33 Un~lasslfied F, xcavatzon I 181 UnitPncelnWords ~'~/JccL/)(/'I~/~.D,K Y-r~kT~ff) 7 Compacted lb1'/ 30 CY 312 ]Temporary Eroswn Control [ LS Umt Pnce In Words '7'~-.~ ) 774[~lJ,%/21t)J') (I2)//$)~,~ Umt Pnce In Words 774~-W 5r-/~CJ S/),Ot'') l)i)l.lJ~ 6-Z-I ]Concrete Manhole (6' Internal Diameter) ] 3 EA $ Umt Pnee In WordsT-g~z--z~--~ 77-,g~S~J 2') ~//2C ff/J~ i~i).ff')' WS-26 Abandon Existing Manhole I 3 EA $ P4 H~ckory Creek Samtary Sewer Work Days 80 Crossings Phase II Bid No 2387 BID TABULATION SHEET P O No Description SP-41 614 /EA UnitPnceLuW°rds ~/~'~ ~f3CC/$.~ y~ ~eT,~C) ;P-72 Geotee~e~ Des,~ ] LS $/O~S U~t ~ce ~ Word8 $ $ U~t Price ~ Words $ Umt Price ~ Words $ U~t Price ~ Words $ $ Umt Price h Wor~ $ $ TOT~ ~ P5 H~ckory Creek Sanitary Sewer Work Days 50 CrossIngs Phase II - Alternate I B~d No ~R7 BID TABULATION SHEET P O No 129-C 130, Steel Samtaty Sewer - Epoxy Lined, Tape Coatat /_~0 UmtPncelnWords '7'tA{O ao~JD~t:) FoET¥ D~H-~/*/ ' ' ' 129-D 30", Steel Samtary Sewer - Epoxy Lined, Fusion Bonded I~C) LF UmtPncelnWords l'vJo 1.4. OtqD~¢~ IC~UHTIC 30" l/tO 12 14 Samtary Sewer 4084 $ /LF Umt Pnee In Words 0t4~- ~ mvg?. z9 po~ ~.e?' 224-A IG.b,o. Mat~s, (9" D.pth) I 425 SY UmtPnceInWords/Ujg-7-~ ~LL.,O~,% ~ ;2~-~/-) 224-C 13' x 3' Gab,on.a~ket I 93 /CY Umt l:'neo In Word~ Oz.),~ ?-/~,~)~?~'~P) ~6)63Z)Tz-I Umt Pnee ~ Words ~dC~ ~5/ [~P~ > ¢z~ 37 Co~pactedFlll I 20 CY $ /O /CY[$~ 107 Hy~muleh I 1565 SY $~y~ /SYI$~~ P6 H~ckory Creek Samtary Sewer Work Days 50 Crossings Phase II - Alternate I B~d No BID TABULATION SHEET P O No 76-A-1 /ConcreteManholo(6'IntemalDmmete0 5 I EA I$..~(_.)/D /EAI$/~,,..~gd_~ I Umt Pnce In Words 774~p_v~- 76-B-1 RemforcmgP,ers-30 SamtarySewer --80-' I LF $ ./2~){~)/LFI$~c>Q~ [ I UmtPncelnWords~llic; ~Z/~ IFIP~J')/~/tr~27-J ff'ff)/__~JC~P,~' ~ ~7-kPD tO~D7~.c~ I liS-30 Break Into Existing Manhole Umt Price In Words -/'~//)~ SP-10 Reek ExeavaUon l, 50 CY $//Q ~ /CY $ [Dl3tr~ Umt Pnce In Words [SP-40 Cut and Plug ExmUng Samtary Sewer I ~.~3 I Umt Pnco s ' SP-41 Remove Samtary Sewer 390 $ ~ /LF Umte Pnc¢ In Words 5P-71 Pumptng $ ~'OOO /LS $ ~-OO0 Umt Price In Words 5P-72 Geoteehmcal Design $ Unit Pnee In Words $ $ $ $ $ $ TOTAL 7_.oz O~ .zC P7 BID SUMMARY TOTAL BID PRICE IN WQ~S ~z ~ O~Oiz~ Q f~V In ~e event of ~e aw~ of a ~n~ m ~e ~ers~, ~e ~ders~ wdl ~sh a perforce bond ~d a payment bond for ~e ~1 ~o~t of ~e con~act, m secure ~oper ~h~ce w~ ~e ~m ~d prows~o~ of ~e ~n~act, to ~ure ~d ~t~ ~e work ~tfl ~ completion ~d ~p~ce, ~d to ~e pa~ent for ~1 law~l cl~ for labor perfo~ed ~d ~ten~s ~msh~ m ~e ~l~ent of ~e con~t It ~s ~dersm~ ~t ~e work pro~s~ to be done sh~l be accepted, when ~ly completed ~d finished m accord~ce Wl~ ~e plann ~d speclfi~tlom, to ~e saUsfactlon of ~e Engineer ~e unders~gn~ ~ffies ~at ~e b~d pn~s ~n~n~ m ~s propos~ Mve ~en c~e~lly checked ~d ~e sub~R~ ~ ~t ~ ~ Umt ~d l~p s~ pn~s ~ shown for each ~tem lmted m ~s proposal, sh~l control over extensiom S~eet Ad.ess C~ ~ State Seal & Au~or~t~on (IfaCo~oratlon) ~1~ - ~{- Tel~hone BID SUMMARY PROJECT WORK DAYS BID 1 Hickory Creek Samtary Sewer Crossing Phase II 80 $ 2 Hickory Creek Samtary Sewer Crosslng Phase II Alternate 1 50 $ %O~ ~ log · TOTAL $ Both portions of thts project will bo awarded to one contractor Award of bid wtll be based on either the total for Hickory Creek Samtary Sewer Crossings, or for both the Sewer Crossings and Alternate #1 These items have been separated for booklceepemg purposes Workdays yell be kept separately on each section of the proJeCt Please note that as tlus projeCt is to be performed in an area controlled by the Umted Sates of America, ttus project MUST be under constructmn no later than September 10~" If we are not under construction by tlus date, our ablhty to enter the Waters of the Umted States of Amenca will not be permitted B-2 SENT DY MondLcs/Greenhaw zns, , 9- 2-89 11:18 , 2149671855-* E~L~IO~ AND ~NDmON~ OF ~ POLI~IE~ UU~H~ ~ ~VE ~N H~D ~ PND ~1~ [--~ ~Vn~O I 1,000,000 ~ ~ ~F0001076214 03101/66 03101/00 '~ ~f I l,OO0,600 J Ola~ ~ ~ 1 00O 0O0 - b~ ~n~qub~l eM15;~6 0~101100 03101/00 Any ~e ~ou~renee voluflieera ~re nddltinn~l Inauyode on the gefler~ J~ )lll)y nnd auto riaellfty polluie, Waiver of euurogntlon In favor n~ed Lnaured ~inoeli~t~lofl prOVlOIoO BhGII re&d "8houl ~y of Ihe ahava deeorlbed pollulea be oAnoelledt nonron~d ~I~ON ~ TH~BOF, THB ~8UING ~MPA~ WILL O~ ~ ~N~ ~L ~ ~YQ ~I~N ~Ii~C 10 THE OB~IPI~TE ~