1992-055 ORDINANCE NO ~
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 ANEFFECTIVE DATE
WHEREAS, the City has solicited, received and tabulated com-
petitive 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 receiv-
ed and recommended that the herein described bids are the lowest
responsible bids for the construction of the public works or im-
provements described in the bid invitation, b~d 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 con-
struction 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 be-
lng the lowest responsible bids
BID NUMBER CONTRACTOR AMOUNT
1347 MANNING INC $46,345 65
1348 ALMOND ROOF CONSULTANTS $88,550 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 w~th
the bids accepted and approved herein, provided that such contracts
are made in accordance with the Notice to Bidders and Bid Propos-
als, and documents relating thereto specifying the terms, condi-
tions, plans and specifications, standards, quantities and speci-
fied 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 here-
by 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 im-
mediately upon its passage and ap~ ~
PASSED AND APPROVED this the day of ,1992
BOb CASTLEBERRY, MAWR ~
/
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPRO D AS TO LEGAL FORM
DEBRA A DRAYOVITCN, CITY ATTORNEY
ALL0001F
DATE April 7, 1992
CITY COUNCIL REPORT
TO Mayor and Members of the City Council
FROM Lloyd V Harrell, City Manager
SUBJECT BID #1347 - NOTTINGHAM CONCRETE WORK
RECOMMENDATION We recommend this bid be awarded to the low bidder, Manmng
Inc in the total amount of $46,345 65
SUMMARY This bid is for all materials and labor for the construction of specified
concrete work The bid includes 905' of 4' sidewalk, 2850' of curb/gutter, 215
square yards of flatwork and driveways along with 4089 square yards of hydromulch
and other associated activities
The project is located south of Umverslty Drive and North of M~ngo Road The
concrete work is a portion of the Nottingham Drive Project
BACKGROUND Tabulation sheet
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED Citizens of Denton,
Engmeemng Department and Street Division
FISCAL IMPACT Funds for thts project will come from Street Bond funds
account # 443-020-STRT-8526-9105
/~spectfully submitted
City Manager
Approved
Name TomD Shaw, C P M
Title Purchasing Agent
257 DOC
TS/ih
BID # 1347
BID NAME NOTTINGHAM CONCRETE MANNING FLOYD SMITM SOUTHWEST
WORK IND CONST
OPEN MARCH 24, 1992
# ITEM DESCRIPTION VENDOR VENDOR VENDOR
1 TOTAL BID $46,345 65 $48,674 15 $78,253 00
2 BID BOND YES YES YES
DATE April 7, 1992
CITY COUNCIL REPORT
TO Mayor and Members of the C~ty Counml
FROM Lloyd V Harrell, City Manager
SUBJECT BID #1~48 - REROOF ]~ILY FOWLER LIBRARY
RECOMmeNDATION We recommend this hid be awarded to the low b~dder, Almond
Roof Consultants, m the amount of $88,550 00
SUMMARY This bid ~s for all labor and materials to replace the roof on the Emily
Fowler Public Library The prelect will have a 15 year warranty from the materml
manufacturer, and a 2 year contractor warranty winch guarantees a waterproof
building
BACKGROUND Tabulation sheet
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED Emily Fowler Library and
Citizens using the Library
FISCAL IMPACT Funds will be from Certificates of Obhgatmn
#445-032-ROOF-9217
#445-032-ROOF-9122
C~ty Manager
Prepared by
Name Denise Harpool [
T~tle Senior Buyer
Name ~om D Shaw,C P M
Title Purchasing Agent
256 DOC
DH/Ih
Cf;L-o:rs..
CONTRACT AGREEMENT
COUNTY OF DENTON
s
s
STATE OF TEXAS
THIS AGREEMENT, made and entered into this
7
day of
APRIL
A.D., 19J!L., by and between THE CITY OF
DENTON
of the County of
DENTON
and State of Texas, acting
through
LLOYD V. lIARRRT.L
thereunto duly authorized so to do, hereinafter termed "OWNER," and
URRV MANNING. INC. 821 KINGS ROW, DENTON, TEXAS 76201
of the City of
and State of
DENTON
, county of
DENTON
"'RYA~
, hereinafter
termed "CONTRACTOR."
WITNESSETH: That for and in consideration of the payments and
agreements hereinafter mentioned, to be illade and performed by
OWNER, and under the conditions expressed in the bonds bearing even
date herewith, CONTRACTOR hereby agrees with OWNER to commence and
complete performance of the work specified below:
BID # 1347 - NOTTINGHAM CONCRETE WORK in the amount of $46.345.65
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 work specified above, 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
CA - 1
. all maps, plats, blueprints, and other drawings and printed or
~written explanatory matter thereof, and the specifications
therefore, as prepared by
CITY OF DENTON ENGINEERING STAFF
,
all of which are made a part hereof and collectively evidence and
constitute the entire contract.
Independent status
It is mutually understood and agreed by and between city and
contractor that Contractor is an independent contractor and shall
not be deemed to be or considered an employee of the City of
Denton, Texas, for the purposes of income tax, withholding, social
security taxes, vacation or sick leave benefits, worker's
compensation, or any other City employee benefit. city shall not
have supervision and control of Contractor or any employee of
Contractor, and it is expressly understood that Contractor shall
perform the services hereunder according to the attached
specifications at the general direction of the city Manager of the
City of Denton, Texas, or his designee under this agreement.
Indemnification
Contractor shall and does hereby agree to indemnify 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, invitees, 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 its construction and enforcement shall lie in
the courts of Denton County, Texas.
The CONTRACTOR hereby agrees to commence work on or after the
date established for the start of work as set forth in written
notice to commence work and complete all work within the time
stated in the proposal, subject to such extensions of time as are
provided by the General and Special Conditions.
The OWNER agrees to pay the CONTRACTOR in current funds the
price or prices shown in the Proposal, which forms a part of this
contract, such payments to be subject to the General and Special
conditions of the Contract.
CA - 2
_. IN WITNESS WHEREOF, the parties of these presents have
executed this agreement in the year and day first above written.
ATTEST:
trj,,-l0~
edAf k~Q
B
0Altd.1A~~
o
(SEAL)
ATTEST:
LARRY MANNING INC
~~,.
Title ~
(SEAL)
::::---;:
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CA - 3
PERFORMANCE BOND
STATE OF TEXAS
COUNTY OF
DENTON
s
s
Bond No. TX 482027
KNOW ALL MEN BY THESE PRESENTS: That
LARRY MANNING INC.
of the City of DENTON
, and State of TEXAS
NERCHANTS BONDING CONPANY (Nutual)
County of DENTON
as PRINCIPAL, and
, 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
as OWNER, in the penal sum of Forty Six Thousand Three Hundred Forty
FIVE AND65/100------------------ Dollars ($ 46,345.65 ) 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 7 day of APRIL
19---22., for the construction of BID # 1347 - NOTTINGHAM CONCRETE
WORK in the amount of $46.345.65
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 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;
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.
PB - 1
PROVIDED FURTHER, that if any legal action be filled 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 anyway
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
and sealed this instrument this 27th day of
19~
Surety have signed
August
LARRY HANNING, INC.
Principal
~G
Title
HERCHANTS BONDING COHPANY (Hutual)
Surety
~
'-fJ~~~
Title
Pauline L. Lesch
Attornev-in-Fact
Address:
82l Kings Row
Den-ton O. TX 76201
Address:
2100 Grand Ave.
Des Haines, IA 50312
(SEAL)
(SEAL)
The name and address of the Resident Agent of Surety is:
PCL Insurance Agency, Inc.
206 Elm St., Suite 105, Lewisville, Texas 75057
NOTE: Date of Bond must not be prior to date of Contract.
PB - 2
IMPORTANT NOTICE
To obtain information or make a complaint:
You may contact the Texas Department of Insurance to obtain
information on companies, coverages, rights or complaints at:
1-800-252-3439
You may write the Texas Department of Insurance:
P. O. Box 149104
Austin, TX 78714-9104
FAX #(512) 475-1771
PREMIUM OR CLAIM DISPUTES:
Should you have a dispute concerning your premium or about a claim
you should contact the agent or the company first. If the dispute is
not resolved, you may contact the Texas Department of Insurance.
ATTACH THIS NOTICE TO YOUR POLICY:
This notice is for information only and does not become a part or
condition of the attached document.
PAYMENT BOND
STATE OF TEXAS
COUNTY OF DENTON
s
s
KNOW ALL MEN BY THESE PRESENTS: That LARRY MANNING INC.
of the City of DENTON
County of DENTON , and the state of TEXAS
as principal, and ~IERCHANTS BONDING COHPANY (Nutual)
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 , OWNER, in the penal sum of
FORTY SIX THOUSAND THREE HUNDRED FORTY FIVE &65/10(J)ollars ($ 46.345.65
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 7 day of April
19--22-.
BID # 1347 - NOTTINGHAM CONCRETE WORK in the amount of $46.345.65
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 prosecution 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 anyway
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
signed and sealed this instrument this 27th day of
19~.
Surety have
August
LARRY HANNING, INC,
principal
~~~
Title '-"""~
MERCHANTS BONDING COHPANY (Hutual)
Surety
fakuJX~
Title
Pauline L. Lesch
Attorney-in-Fact
Address:
Address:
821 Kings Row
2100 Grand Ave.
Denton, TX 76201
Des Haines, IA 50312
(SEAL)
(SEAL)
The name and address of the Resident Agent of Surety is:
PCL Insurance Agency, Inc.
206 Elm St., Suite 105, Lewisville, Texas 75057
Jv
PB - 4
MAINTENANCE BOND
THE STATE OF TEXAS S
COUNTY OF DENTON S
KNOW ALL MEN BY THESE PRESENTS: That LARRY MANNING INC.
as principal, and NERCHANTS BONDING COHPANY (~lutual)
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 Four Thousand Six Hundred Thirty Four and56/100-----
Dollars ($ 4.634.56 ), ten (10%) percent of the total amount of
the contract for the payment of which sum said principal and surety
do hereby bind themselves, their successors and assigns, jointly
and severally.
This obligation is conditioned, however, that:
WHEREAS, said LARRY MANNING INC.
has this day entered into a written contract with the said City
of Denton to build and construct BID # 1347 - NOTTINGHAM CONCRETE
WORK
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 incorporated 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
MB - 1
~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.
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 MANNING, INC.
as Contractor and Principal, has caused these presents to be
executed by
and the said
HERCHANTS BONDING COHPANY (Hutual)
as surety, has caused these presents to be executed by its
Attorney-in-Fact Pauline L. Lesch
and the said Attorney-in-Fact has hereunto set his hand this 27th
day of August , 19 92
SURETY:
HERCIIANTS BONDING COHPANY (Hutual)
BY: '?CLv.h..~;;(' ~Jj
Pauline L. Lesch
Attorney-in-Fact
Attorney-in-Fact
PRINCIPAL:
LARRY MANNING, INC,
MB - 2
Lewisville, Texas
27th
August
December 31, 1992
92
CITY OF DENTON
INSURANCE REQUIREMENTS
FOR CONTRACTORS
Bidder's attention is directed to the insurance requirements below,
It is hiqhly recommended that bidders confer with their respective
insurance carriers or brokers to determine in advance of Bid
submission the availability of insurance certificates and
endorsements as prescribed and provided herein. If an apparent low
bidder fails to comply strictly with the insurance requirements,
that bidder may be disqualified from award of the contract, upon
bid award, all insurance requirements shall become contractual
obliqations which the successful bidder shall have a duty to
maintain throuqhout the course of this contract,
STANDARD PROVISIONS:
Without limiting any of the other obligations or liabilities of the
Contractor, the Contractor shall provide and maintain until the
contracted work has been completed and accepted by the City of
Denton, Owner, the minimum insurance coverage as indicated
hereinafter.
As soon as practicable after notification of bid award, Contractor
s~all file with the Purchasing Department satisfactory certificates
of insurance, containing the bid number and title of the project.
Contractor may, upon written request to the Purchasing Department,
ask for clarification of any insurance requirements at any time;
however, Contractors are strongly advised to make such requests
prior to bid opening, since the insurance requirements may not be
modified or waived after bid opening unless a written exception has
been submitted with the bid. Contractor shall not commence any
work or deliver any material until he or she receives notification
that the contract has been accepted, approved, and siqned by the
city of Denton.
All insurance policies proposed or obtained in satisfaction of
these requirements shall comply with the following general
specifications, and shall be maintained in compliance with these
general specifications throughout the duration of the Contract, or
longer, if so noted:
o Each policy shall be issued by a company authorized to do
business in the state of Texas with an A.M. Best company
rating of at least A.VII
o Any deductibles or self-insured retentions shall be
declared in the bid proposal. If requested by the city,
the insurer shall reduce or eliminate such deductibles or
self-insured retentions with respect to the city, its
officia15, agent5, employees and volunteer5i or, the
CI - 1
contractor shall procure a bond guaranteeing payment of
losses and related investigations, claim administration and
defense expenses.
o Liability policies shall be endorsed to provide the
following:
00 Name as additional insured the City of Denton, its
Officials, Agents, Employees and volunteers.
00 That such insurance is primary to any other insurance
available to the additional insured with respect to
claims covered under the policy and that this insurance
applies separately to each insured against whom claim is
made or suit is brought. The inclusion of more than one
insured shall not operate to increase the insurer's
limit of liability.
o All policies shall be endorsed to provide thirty(JO) days
prior written notice of cancellation, non-renewal or
reduction in coverage.
o Should any of the required insurance be provided under a
claims-made form, Contractor shall maintain such coverage
continuously throughout the term of this contract and,
without lapse, for a period of three years beyond the
contract expiration, such that occurrences arising during
the contract term which give rise to claims made after
expiration of the contract shall be covered.
o Should any of the required insurance be provided under a
form of coverage that includes a general annual aggregate
limit providing for claims investigation or legal defense
costs to be included in the general annual aggregate limit,
the contractor shall either double the occurrence limits or
obtain Owners and Contractors Protective Liability
Insurance.
o Should any required insurance lapse during the contract
term, requests for payments originating after such lapse
shall not be processed until the City receives satisfactory
evidence of reinstated coverage as required by this
contract, effective as of the lapse date. If insurance is
not reinstated, City may, at its sole option, terminate
this agreement effective on the date of the lapse.
SPECIFIC ADDITIONAL INSURANCE REOUIREMENTS:
All insurance policies proposed or obtained in satisfaction of this
Contract shall additionally comply with the following marked
specifications, and shall be maintained in compliance with these
additional specifications throughout the duration of the Contract,
or longer, if so noted:
CI - 2
[X] General Liabilitv Insurance:
General Liability insurance with combined single limits of not
less than 500,000 shall be provided and maintained by the
contractor. The policy shall be written on an occurrence
basis either in a single policy or in a combination of
underlying and umbrella or excess policies.
If the Commercial General Liability form (ISO Form CG 0001
current edition) is used:
o Coverage A shall include premises, operations, products,
and completed operations, independent contractors,
contractual liability covering this contract and broad
form property damage coverages.
o Coverage B shall include personal injury.
o Coverage C, medical payments, is not required.
If the Comprehensive General Liability form (ISO Form GL 0002
Current Edition and ISO Form GL 0404) is used, it shall
include at least:
o Bodily ~nJury and Property Damage Liability for
premises, operations, products and completed operations,
independent contractors and property damage resulting
from explosion, collapse or underground (XCU) exposures.
o Broad form contractual liability (preferably by
endorsement) covering this contract, personal injury
liability and broad form property damage liability.
[X] Automobile Liabilitv Insurance:
Comprehensive or Business Automobile Liability insurance shall
be provided by the Contractor with limits of not less than
500,000 per occurrence either in a single policy or in a
combination of underlying and umbrella or excess policies.
The policy will include bodily injury and property damage
liability arising out of operation, maintenance or use of any
auto, including owned, non-owned and hired automobiles and
employee non-ownership use. (ISO Form CA 0001 Current
Edition)
[X] Workers Com~ensation Insurance
Contractor shall purchase and maintain Worker's Compensation
insurance which, in addition to meeting the minimum statutory
requirements for issuance of such insurance, has Employer's
Liability limi ts of at least $100,: 00 for each accident,
$100,000 per each employee, and a $500,000 policy limit for
CI - 3
occupational disease. The city need not be named as an
"Additional Insured" but the insurer shall agree to waive all
rights of subrogation against the City, its officials, agents,
employees and volunteers for any work performed for the city
by the Named Insured.
CI - 4
.Name a"d Address of Agency City of Denton Reference:
Project Name:
Project No:
Phone Project Location:
Managing Dept:
--------------------- ----------- --------------- --- . ..
Name and Address of Insured: Companies Affording Coverage:
A
B
Phone C
This is to certify that: 1) Policies of insurance listed below have been issued and are in force at this time.
2) The City of Denton is listed as an additional insured as to all applicable coverage.
Company Tvoe of Insurance Po I i cv Nuniler Expiration Limits of Lia~lilHY
Letter Date In Thousands 000
Comprehensive General Liability Occurrence
- Occurrence
- Claims Made (see ,4-Page CI-4) Bodi ly Injury $
Broad Fonn to Include: Property Damage $
- Premises/Operations
- Independent Contractors
- Products/Completed Operations Bodily injurY and Property
- Personal injurY Damag. CaIOlned $ !
- Contractual Liability(see '3-Page CI-4) ,
- Explosion and Collapse Hazard I
- Underground Hazard I
- Liquor Liability Coverage
- Fire Legal LiabIlity (see IS-Page CI-4) . I
- Broad Fonn Property Damage i
-- --- ----------1
- Professional Errors/Omissions
- occurrence
- claims made (see '4-page CI-4)
Comprehensive Automobile Bodily InJury/Person f
Liabi lity Bodily Injury/Accident
-------
- OWned/Leased Automobiles Property Damage $
- Non-owned Automobiles - -- ----
- Hired Automobiles Bodily Injury/Property
Damage Cnined $
- WOrkers' Compensation and itatutory Amount
Employers' Liability
eac aCCl ent
- OWners' Protective Liability $
Other Insurance
-
-
i Description of Operations/LocationslVehicles.
Each policy shall require thirty (30) days notice of cancellation, non-renewal, or material change in coverage.
(See '2, Page CI-4).
N_ and address of Certificate Holder.
CITY OF DENTON, TEXAS
PURCHASING AGENT
901-8 TEXAS S1.
DENTON, TEXAS 76201
DAlt l~~UtU
AUIHORlLtu RtPRt)tNlAlllc
0451
CI - 5
SEE DEFINITIONS ON PAGE CI-4 ATTACHED.
DEFINITIONS
1.
ADDITIONAL INSURED: The City of Denton,
appointed officials, officers and employees.
apply to Worker's Compensation.}
its elected and
(This does not
2. NOTICE OF CANCELLATION: Each policy shall require that thirty
(30) days prior to the cancellation, non-renewal, or any
material change in coverage, a notice thereof shall be given to
owner by certified mail. If the policy is cancelled for
non-payment of premium only ten (10) days written notice to
owner is required.
3. CONTRACTUAL COVERAGE: (Liability assumed by contract or
agreement, and would not otherwise exist.) The contractual
liability requirement shown on the reverse side of this
Certificate of Insurance under Comprehensive General Liability,
must include a definition of coverage broad enough to provide
coverage for obligations assumed by the contractor in the
referenced contract. This Certificate of Insurance is provided
as required by the governing contract.
4. CLAIMS MADE POLICY FORM: Required period of coverage will be
determined by the following formula: Continuous coverage for
the life of the contract, plus one year (to provide coverage
for the warranty period), and a extended discovery period for
a minimum of five (5) years which shall begin at the end of the
warranty period.
5. FIRE LEGAL LIABILITY: (Required in all contracts that involve
the occupancy, construction or alteration of City-owned or
leased facilities). Insurance is to cover buildings, contents
(where applicable) and permanently installed equipment with
respect to property damage to structures or portions of
structures if such damage is caused by the peril of fire and
due to the operations of the contractor. Limit of liability is
to be a minimum of $500,000.
6. OWNER: The term owner shall include all authorities, boards,
bureaus, commissions, divisions, departments, and offices of
the owners, and individual members, employees, and agents
thereof in their official capacities, and/or while acting on
behalf of the owner.
CI - 6
BID TABULATION SHEET
~-
-
I~ DBSCJlIPTIOJI . gUAJl'J!I!r!' UJfI!r UJfI!r PRICE !ra.rJIL
1.21 Contractors Warranties - LS $ / dJdJQf;C./LS $ /Ot!JtJ:OR
and Onderstandinas
a.l Barricades, Warning Signs - LS $ 5COt!fLS $ 5oo~
and Detours
S.a-A.l 6" Concrete Flatwork 30 SY $ ~7 ~ ISY $ II (), at)
,
a.3-A 4" Concrete Sidewalk 90S SY $ I~.(JI) ISY $ I'{, 'I.!O ~
a.3-B 6" Concrete Driveway la5 SY $ ~'!:>~ ISY $ tJJ5~
a.2-A Concrete Curb & Gutter 2,aSO LP' $ 5, ~ ILP $15.(P7~
a.lS 4" Concrete Riprap 150 SY $ ;)0,90 ISY $ 3oro.92
3.10.7 Hydro Mulch 4,089 SY $ , gS-4/sy $3470. ~
7.6.A.1 Recessed 6' Curb Inlet 1 EA $ 750ctfEA $ 750,~
Too & Throat
7.6.A.2 Special Recessed 6" Curb 2 EA $ I{)(JJO <<> lEA e>:;,
$~.-
Inlet TOt) & Throat
2.ll.5 Inlet Prame & Cover 2 EA $ :;otlf lEA $ lifpo ~
TOTAL $q(p ?fl6:~ ,-
,
3.10.3* Seeding 4,Oa9 SY $ .50q.ISY $ ,104"1.5a
* seeding (3.10.3) may be used as an alternate in whole or part for Hydromulch (3.10.7)
at the direction of the engineer.
P - 3
BID SUMMARY
TOTAL BID PRICE IN WORDS r::-IJY-!y ~N. -M/U"idnc1,' ..;h/'tL bNld
foy+'1 -A~ rtoSj;6D
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.
,111 fl J1/1 /;'} ..5 ,k ( -
CONTRACTO~ .
BY f()/J.u~'-7Y!~~
-liP
fa} J/.h7~< ,,la,uf
street Add ss
DelC+PVL T>(
City and s~ate
Seal & Authorization
(If a Corporation)
,1c?d- 03/4
Telephone
B-1
SALES TAX
Materials which are incorporated into or becomes part of the
project are exempt from sales tax. A "separated contract" will
be issued by the City of Denton which separates charges for
material from charges for labor. The contractor is expected to
execute a resale certificate instead of paying the sales tax at
the time of purchase. The City of Denton will issue an exemption
certificate for the materials as long as they are a part of the
finished project.
If a contractor does not issue a resale certificate, then the
amount of sales tax must be included in the prices quoted. No
additional compensation, beyond the prices quoted, is due the
contractor for sales tax.
A.
Total Labor .......................
$
$
3lC. ,14SSff
, g)
J(p, (Xx)
{
B.
Total Materials ...................
1200.DOC
CERTIFICATE OF INSURAHCEI
PRODIIcn.
DEWTON INSURANCE CENTIR IKC
p 0 DRAWE~ C
DEWTON, TX
76202
PftoIlE817-387-9501
cs~ CW 09/03192
ntB eaJ\I!!i'Ic::ND I. lBBV1ID As .A HM"Z'b. OJ' Ilfll'OItICA'rlOX ONLY >>to
CORFlU IlO RIaJI'l!S Uro. rq CIIl'1'%'11IM'.Il HOLDIll. TIII1 <:D'l'T>TOllR
DOZ' N&r- AKuD, anmm OA Al.'l'BR T,q COVBRAGS APFORD2tJ BT TRB
llOLJ'<:lll UlIOW.
-----...-- cOMiouiiii-D'roRiiiiici--aOV8RiOi----m-. __m____
-;;;~;-----.-.---.------.-.---...-------------.--.. .~;;;~~;.~----ii()liiii:C;i1.-~iiii~i1i---------------.----..------
.~;;iN_;-~-ii-----~----ww_-----~---------~----------------~~.__________
.~;;~--~-c:----------~----------------~--------.---~~---------~------
Larn Mannino
821 Kings Rcrii
D9ntQn TX
76201
1110
--------....-----...---------------------...-------------~~----------......
OOllPAIn: LlftlIl D
------------------------------------------~--------------------------------
COJlPl\RY LE'l'l:III\ B
~ COV!~ES <..~.~..-.gzg.............~....--.....E......__..........~..&Z=3....~....~=...-..a~=a.._...a=~~.......:;a..._...
TaU IS '1'0 CXR!l':l:J'T 'rRAT POLICl:l:ls or Ilf8URANCI tISTlD bLOW lAW UBtf 1'8smm to TO IWIITJJUm IfAJtBD ABOV.I Il'OR Tail PoLJ:C)'
"RIOD INDICA'l"m). NO'nt'ITBS'1'AlmIKG ANY ~UIUKmP1', 'HtUC OR CON1>.tT.toa or AlY CoNTRACT OR. 0'1'DR DoCUMHH'l.' wiTB RU~I~ 1'0
tf'!rICH TillS CBR.TIPICATE NAY BE ISStmD Oil KAy PD'1'AI'N, '!U IN'SURANCIl APPOROlD BY Tn PQLI('In p.SeRIno DUtil Ie IUa.7I!lCT '1'Q
ALl. 'l'ERN$, BXCLUDI'OHB, UP COHD:l:TtOHB 07 IUQ. 'OLtCIU. r.:tHt'llJ llOWlf MU' aft illER R:lD~ ay ltArO CLAIMS.
--------~------____M___W_____~.______...__._._____________________~______________~______~_______..__._._________________.________
eQ TYPE 0,. IlfSUR4)i1;:5 POLl:cy Nl1MB11l S'Ol.ICY .n Pot,ta ED L!Mtw
LTR _ llA!l'Il
--- c;!;iilil~-.I;iililii:iTii-- .-----.-------------------. -.--.---------. -------------- ;~-~;;---i-;iiCiii~-oiii
A [ll OO,"",ReIAL aft. LI....un'y 5CG:L9368069-06 03/24/92 03/2&193 ;;o:;;;;W;i;;;-~~-- r;OOO~-OO(
I J OLU,," HAD. [Xl OCe. .;;:-;-;;~'~;:i~;; r;O{jo~OO(
I OlfllllllS's . OOIl':IlA01'<>Jl'. ;;;;;'~~;;;;;;;-m r;OOO;-OOC
PROTB~ ...______....______ ______________
FiD OAHAcUl
(AllY 0lIll .IRllI
50,000
~-------_._------- --------------
HlI!>. IXP.llu
(-'lIY Olm PIMO,,) 5, 000
-.- -jitJ~()j(()iBitX;~..i:ii\Ei.---- -----------.--------------- -......-.-----. -....------... ~~;;~-;;;~-~;;;;- i~-()ojj;-ojjc
A [X] AlIt AU'rO
[ } ALL otfflIiD AMos
( ] 8CBBDutZD AU~8
[ J IfIRJIl!) AUTOS
r 1 NOlf_OWWI!J .\T.1'1'OS
( ] GARAGE L;n~.uILl'l"r
I I
lAUT9400011-06 03/2'/92 03/24/93 ~DllY..~y
(P.R PllRSOII)
--~._------________ _____w_.~_____
___________ft_______ ___________.w.
sontl.y rlfJURY
(PER. ..lCC:1D1CN'1')
-~_____~________M__ ____.._______.
.-- -Ei[C!Eiiil--~i-jJjIj;j[~ir---- --------.--.--------------- -------.------. ----.-.-.---.. ;;~;-~;;;;;;;;---- -------------.
[ 1 UHBRlLLA PORN ___._______________ ______________
{ J OTHER TJWf UHBUtt.A P01UI AOOR:ldAn
--- ----.~--______ft________________ --..-----~...-------------- ------------.-- -------------- --i;;;~;;-~;;;;; ----------~~--
A WORKERS' COMP OSTWCI028206-00 03/24/92 03/24/93 EACH AOOrDBN'rs 50000,0088
JUgI) DlS....-POt. LIMIT ,
EMPLOYERS' LIAS bI81W11-lIAe. ..... 500,0 0
--- ----------------------------~-- ---~--------------------_.- ------+-------~ -----~--._---- .._-----_._---~-------._--....----
OTHER
PRMBRft !WilGA
----------------------~-------------------~._-------------~-------~------------------------------~-------------------------------
DK8~RIPTIOH OP O'.RATIONB/~T%Q8./VlItOLle/.PacI~ IT1MB
CITY 0,. DEH!rOH
PURCHASING DEPARTNBHT
901-8 TEXAS STREIT
DENTOH TX
76201
_AOORP 25-t (7/90)
> CBkT1PtCAT! BOLDER <~g3............a.~....~.~.....> eAlfCItLAttOM <...K:.~...............~...33..~___e........==..N_._.__......
.. SBOUI.D An O't !t8I I.8O'V2 OSkJUUD 'OLIC:a:BS H ~ 81'ORB 1'Q a:X...
. P!AA!l>roa CkI!J! TnUOP, ~ ISSUING COMl'JUlY W:!u, DDBAVOR TO MATI. 30
. nAYS ntTth >>o!l'ZeI T6 to CSR'rInCAT2 BOI.D.lR HAJIJIO 'M ll'HI %.JU'W, am
. PUr.DAB '1'0 MIL .\Kiln 1f0000J:CB 1111111.1.1. %tQJQ58 No OBZ.:l:GA'l'fON OR LLAB:n..I'l'Y OP
. AllY l.iliD WOlf TBI CONJtAllY, 11'& J.41N1'1 OA ADA:BSISN'l'AT1V1f1.
.-----W___A_______~______~____________M__...____________.____________....____
.. AUTIIOMn.D QPU'aJf'1'AIf1'Yl
Dellton ID.u~anc. Center
Inc~ ,4./~1.,z...
,
..., I "t -,..., L ' .. , , . ..-..-. I I I~~
,...., ~.-,-.. 1'-''-' 'T.-..
,....,.
......... ~ '" ....-.......
'1;), - uss-
CONTRACT AGREEMENT
THIS AGREEMENT, made and entered into this
27
day of APRIL
A.D., 1992
, by and between
THE CITY OF DENTON
of the County of DENTON
and State of Texas, acting through
LLOYD . V. HARRELL
thereunto duly authorized so to do, Party of the
First Part, hereinafter termed the OWNER, and
_P.O. BOX 292213, LEWISVILLE, TEXAS
75029-2213
of the City of
LEWISVILLE
, 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 # 1348 - REROOF EMILY FOWLER LIBRARY in the amount of $88,550.00.
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 t~
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 ttle 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 written explanatory matter thereof, and the Specifications
therefore, as prepared by ARMKO INDUSTRIES, INC.
, all of which are made a part hereof and collectively evidence and
constitute the entire contract.
CAl
CONTRACT AGREEMENT
SPECIAL CONDITIONS
Independent Status
It is mutually understood and agreed by and between City and Contractor
that Contractor is an independent contractor and shall not be deemed to be or
considered and employee of the City of Denton, Texas, for the purposes of income
tax, withholding, social security taxes, vacation or sick leave benefits, worker's
compensation, or any other City employee benefit. City shall not have supervision
and control of Contractor or any employee of Contractor, and it is expressly
understood that Contractor shall perform the services hereunder according to the
attached specifications at the general direction of the City Manager of the City of
Denton, Texas, or his designee under this agreement.
Indemnification
Contractor shall and does hereby agree to indemnify 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, invitees, 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 its construction and enforcement shall lie in the courts of Denton County,
Texas.
The CONTRACTOR hereby agrees to commence work on or after the date
established for the start of work as set forth in written notice to commence work
and complete all work within the time stated in the Proposal, subject to such
extensions of time as are provided by the General and Special Conditions.
The OWNER agrees to pay the CONTRACTOR in current funds the price or
prices shown in the Proposal, which forms a part of this contract, such payments to
be subject to the General and Special Conditions of the Contract.
~2
CONTRACT AGREEMENT
IN WITNESS WHEREOF, the parties of these presents have executed this
agreement in the year and day first above written.
ATTEST: /.,
~/ffy, ~
~~.~
(SEAL)
~d~~
(JIll:"" /1<~'JU"-
ALMOND ROOF CONSULANTS
~he Second Part, CONTRACTOR
<-~
Title C)tv/'C'__
(SEAL)
CA3
PERFORMANCE BOND
STATE OF TEXAS ~
~
COUNTY OF DENTON ~
KNOW ALL MEN BY
THESE PRESENT: That
of the City of
and State of
ALMOND ROOF CONSULTANTS
LEWISIVILLE
TEXAS
County of DENTON
as PRINCIPAL, and
, 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
as OWNER, in the penal sum of EIGHTY EIGHT THOUSAND FIVE HUNDRED FIFTY AND NO/IUU--
Dollars ($ 88,550.00 ) 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 ~ day of APRIL , 19~, for the construction of
BID # 1348
REROOF EMILY FOWLER LIBRAY in the amount of $88,550.00.
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 faithfully perform said Contract and shall in all respects,
conditions and agreements in and by said contract agreed and convenanted by the
Principal to be observed and performed, and according to the truf' intent and meaning
of said Contract and Plans and Specifications hereto annexed, th"n 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 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 changes,
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 changes, extension of time, alternation or addition to the
terms of the contract, or to the work to be performed thereunder.
CA4
PERFORMANCE BOND
IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed
this instrument this 27th day of April 1992.
Title
Owner
Victore Insurance Co.
Surety
~ ../n,
~-
.... ~~ - --~---
r ,-- - -_ ~
-' ~, '-.../ - ~~- ~--/
Title torney-in-~al::f.'.'
-
A_~'.::-~ 1/260
'7.5'~:Ol
'~~
Almon" Roof Consultants
Principal
BY&~~
Address PO Box 292213
Lewisville, Texas
75029-2213
Address 3102 Maple
Dallas, Texas
(SEAL)
(SEAL)
The name and address of the Resident Agent of Surety is:
Baldwin Insurance and Bonding
1201 KAS Dr., Suite B Richanl.on, Texas
!:lOBI
NOTE: Date of Bond must not be prior to date of Contract.
CAS
PAYMENT BOND
STATE OF TEXAS
COUNTY OF
DENTON
~
~
~
County of DENTON
as PRINCIPAL, and
authorized under the
principals, are held
THESE PRESENT: That
of the City of
, and State of
ALMOND ROOF CONSULTANTS
LEWISVILLE
TEXAS
KNOW ALL MEN BY
laws of the State of Texas to act as surety on bonds for
and firmly bound unto the THE CITY OF DENTON
, OWNER in the penal sum of
EIGHTY EIGHT THOUSAND FIVE HUNDRED FIFTY AND NO/IOO-------------------------------
Dollars ($ 88,550.00 ) 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 ~ day of APRIL , 19 92.
BID # 1348 - REROOF EMILY FOWLER LIBRARY
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 prosecution 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 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.
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 changes, extension of time, alternation or addition to the terms
of the contract, or to the work to be performed thereunder.
CA6
PAYMENT BOND
IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed
this instrument this 27th day of April 1992.
Almond Roof Consultants
Principal
Victore Insurance Co.
Surety
BY~~~~/
~.._....n.n.......
~ . ~~~~ '- '"
,-" ~---~-
.. . 0- _ _ _~..- . . ._-_._.
~""''-'-~~-~---./-~
-:- -- --. -'"--
Title Attorney-in-F~cJ;; , .-:::.:
:..: '-' ~ ~./'
Title
Owner
Address PO Box 292213
Lewisville, Texas
75U:iY-2213
Address 3102 Maple
DAllas, 1 exas
AV?;.~260-
i.Y201 .
.,
- -,-
(SEAL) (SEAL)
The name and address of the Resident Agent of Surety is:
R~ld~rin TnQl1r~nro ~nrl Rnnrling
1201 (AS TIT . ~'1i~A R Rirh~rrl~nn, Tpy~~
75081
CA7
VICfORE INSURANCE COMPANY
. .
6303 NORTH PORTLAND, SUITE 100
OKLAHOMA CITY, OKLAHOMA 73112
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS
That VICfORE INSURANCE COMPANY, a Corporation duly organized under the laws of the State of Oklahoma, having its principal office in
Oklahoma City. Oklahoma, pursuant to the following resolution which is now in full force and effect:
II'That the Chairman of the Board may from time to time appoint Attorneys.in-Fact, and Agents to act for and on behalf of the Company and may give any
such appointee such authority as his certificate and other writings obligatory in nature of a bond, and such officer or the Board of Directors may at any
time remove such appointee and revoke the power and authority given him" does hereby make, constitute and appoint:
------------------------LANNY W. LAND, ALTUS E. WILDER, 111--------------------------
its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and
deliver in its behalf, and as its act and deed, as follows:
All bonds except Bail Bonds and not to exceed on any single instrument
UNLIMITED AMOUNTS
<
o
-
C
'TI
-I
:J:
-
en
C
z
m
z
~
-
z
:::c
m
c
-
z
?i
This Power of Attorney is signed and sealed by facsimile under and by authority of the following Resolution adopted by the Board of Directors of the
Company at a meeting duly called and held on the 12 day of May, 1989.
"Resolved, that the signature of the Chairman, Vice Chairman, President, Executive Vice President, Vice President and Assistant
Vice Presidents and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to the By-Laws,
and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate
of any such power, and any power or certificate bearing such facsimile signatures and seal shall be valid and binding on the company.
Any such power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or
undertaking to which it is attached, continue to be valid and binding on the Company."
IN WITNESS WHEREOF VICTORE INSURANCE COMPANY has caused these presents to be signed by its Chairman of the Board and its corporate
sealtobealflXed.this 12th day of MAY .1989
(STATE OF OKLAHOMA)
(County of Oklahoma)
~ew.(J.\~
Altus E. Wilder III
Onthis 12th day of MAY ,19 89
before me, a Notary Public of the State of Oklahoma in and for the
County of Oklahoma came Altus E. Wilder III to me personally
known to be the individual and officer descnbed herein, and who
executed the preceding instrument and acknowledged the execution
of the same, and being by me duly sworn, deposed and said, that he is
the officer of said Company aforesaid, and that the seal affixed to the
preceding instrument is the Corporate Seal of said Company, and the
said Corporate Seal and signature as an officer were duly affIXed and
subscribed to the said instrument by the authority and direction of
the said corporation, and that the resolution of said Company,
referred to in the preceding instrument, is now in force.
IN TESTIMONY WHEREOF, I have hereun'o set my hand, and
affIXed by official seal at Oklahoma City, Oklahoma, the day and year
written ave.
Notal)' Public, Oklahoma Count, Oklahoma City, Oklahoma
My Commission Expires FEBRUARY 2. 199 I
CERTIFICATE
I, the undersigned, Chainnan of the Board o[ VICfORE INSURANCE COMPANY, a corporation of the State of Oklahoma, DO H~REBY ~~_~
that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked; and !Ui1herm6r~e:,lha.1 tlie-_
Resolution of the Board of Directors, as set forth in the Certificate of Authonty; are now in force. '- - ......... - '-,
Signed and Sealed al the said Company at Oklahoma City, Oklahoma, dated this 27th
day of Apri 1 . f9 92 - ~
~~~i:L~
Chairman or the Board
N~ and Address of Agency City of Denton Reference:
project Name:
project No:
Phone Project Location:
.
Managing Dept:
-- --- ------ .
Name and Address of Insured: Companies Affording Coverage:
A
B
Phone C
This is to certify that: 1) Policies of insurance listed below have been issued and are in force at this tin
2) The City of Denton is listed as an additional insured as to all applicable coverage.
Company Tv De of Insurance Po I i cv Nuntler Expiration Limits of Lia~ll \fY
Letter Date In Thousands 000
Comprehensive General Li abil i ty Occurren
- Occurrence
- Claims Made (see #4-page CI-4) Bodi ly Injury $
Broad Fonn to Include: Property Damage $
- Premises/Operations
- Independent Contractors
- Products/Completed Operations Bodily injury and Property
- Personal injury Damage Canbined $
- Contractual Liability(see #3-Page CI-4)
- Explosion and Collapse Hazard
- Underground Hazard
- Liquor Liability Coverage
- Fire Legal LiabIlity (see #5-page CI-4)
- Broad Fonn Property Damage
---------------------- --- ------------ -------
- Professional Errors/Omissions
- occurrence
- claims made (see #4-page CI-4)
Comprehensive Automobile Bodi ly Injury/Person f
Liability Bodily InJury/Accident
- ------- ------- .
- Owned/Leased Automobiles Property Damage $
- Non-owned Automobiles ----- -- ----- --
- Hired Automobiles Bodily Injury/Property
Damage Canbined $
- Workers' Compensation and itatutory Amount
~loyers' Liability
eac aCCl ent
_ OWners. Protective Liability $
Other Insurance
-
-
Description of Operatio~s/Loc~tions/Vehicles. . . non-renewal, or material change in coverage.
Each policy shall requIre thlrty (30) days notlce of GAncellatlon,
(See #2, Page CI-4).
Name and address of Certificate Holder.
DAlE {SSOI:O
CITY OF DENTON, TEXAS
PURCHASING AGENT
901-8 TEXAS ST.
DENTON, TEXAS 76201
AUIHURIZI:U REPRESI:NIAI {VE
SEE DEFINITIONS ON PAGE CI-4 ATTACHED.
nO.d.lOil
CA10
CITY OF DENICN - EMILY FCWLER LIBRARY - DENICN 1 TEXAS
PART 1 - GENERAL INS'IROCI'ICNS
1.1 QUALIFICATIONS FOR BIDDING:
To qualify for bidding, each contractor is required to obtain a
copy of the Bid Invitation, Proposal, General Instructions,
Materials, Execution, Drawings, Contract Documents, and attend the
Pre-Bid Conference on (DAY) Monday , (DATE) March 16
1992, at 10:00~/PM, at City of Denton Purchasing Department
Conference Room, located at 901-B Texas Street, Denton, Texas.
1.2 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 indicted, 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:
(a) Thirty (30) days advance written notice of material change or
cancellation shall be given; and
(b) The City of Denton shall be an additional named insured on
all policies.
1.2.1 Workmen's ComEensation and Emp~~.~ 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:
(a) Workmen's Compensation - Statutory
(b) Employer's Liability - Statutory
GI1
CITY OF DENICN - EMILY FCWLER LIBRARY - DENICN, TEXAS
1. 2.2
1. 2.3
1. 2.4
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:
(a) A combined single limit of $500,000.
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.
To the extent that the Contractor1s 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:
(a) A combined single limit of $1,000,000.
Summary/Definitions:
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 Contractor.
GI2
CITY OF DENICN - EMILY FC:WLER LIBRARY - DENICN, TEXAS
Summary - Continued:
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 nay deductible provisions, corridor of
self-insured retention conditions of the policy or
policies shall remain with the Contractor. The Contractor
shall not be~in any work until the Owner has reviewed and
approved the insurance certificates and so notified the
contractor directly in writin~. Any notice to proceed
that issued shall be subject to such approval by the
Owner.
Definitions
1. Additional Insured: The City of Denton, its elected
and appointed officials, officers and employees.
(This does not apply to Worker's Compensation.)
2. Notice of Cancellation: Each policy shall require
that thirty (30) days prior to the cancellation,
non-renewal, or any material change in coverage, a
notice thereof shall be given to owner by certified
mail. If the policy is cancelled for non-payment of
premium, only ten (10) days written notice to owner is
required.
3. Contractual Covera~e: (Liability assumed by the
contract or agreement, and would not otherwise exist.)
The contractual liability requirement shown on the
reverse side of this Certificate of Insurance under
comprehensive General Liability, must include a
definition of coverage broad enough to provide
coverage for obligations assumed by the contactor in
the referenced contract. This Certificate of
Insurance is provided as required by the governing
contract.
4. Claims Made Policy Form: Required period of coverage
will be determined by the following formula:
Continuous coverage for the life of the contract, plus
one (1) year (to provide coverage for the warranty
period), and an extended discovery period for a
minimum of five (5) years which shall begin at the end
of the warranty period.
GI3
. CITY OF DENIm - EMILY FOVLER LIBRARY - DENIm, TEXAS
Definitions - Continued:
5. Fire Legal Liability: (Required in all contracts that
involve the occupancy, construction or alteration or
buildings, contents (where applicable) and,permanently
installed equipment with respect to property damage to
structures or portions of structures if such damage is
caused by the peril of fire and due to the operations
of the contractor. Limit of Liability is to be a
minimum of $500,000.
6. Owner: The term owner shall include all authorities,
boards, bureaus, commissions, divisions, departments,
and offices of the owners, and individual members,
employees, and agents thereof in their official
capacities, and/or while acting on behalf of the
owner.
PROJECT #31020292
PROPOSAL: REROOFING AT EMILY FOWLER LIBRARY
CITY OF DENTON
NAME OF BIDDER:
Almond Roof Consultants
3-24-92
DATE:
MS. DENISE HARPOOL, PURCHASING
CITY OF DENTON
901-B TEXAS DRIVE
DENTON, TEXAS 76201
Dear Ms. Harpool:
The undersigned, in compliance with your advertisement for Bids for Reroofing
on certain areas of the following building:
THE EMILY FOWLER LIBRARY
502 OAK LAWN, DENTON, TEXAS
have examined the Drawings and Specifications, together with the related
documents and all conditions surrounding the work, and having visited the
sites of the proposed work, hereby, proposes to furnish all work in every
detail in accordance with the Contract Documents with the time set forth
herein and at the prices stated below. These prices shall cover all expenses
incurred in performing the work under the Contract Documents, of which the
Proposal is a part.
Attached herewith, please find
(Bid Bond) in the amount of $
five percent (5%) of the bid.
(Cashier's Check) (Certified Check)
4.427.50 (.05% bid bond)
I (or we) acknowledge receipt of the following addenda:
ADDENDA
.~
111.,. /'
'-
.3 ~,r--( Initial)
,
ADDENDA In:
(.Initial)
ADDENDA #3:
(Initial)
P1
PROJECT #31020292
PROPOSAL: REROOFING AT EMILY FOWLER LIBRARY
CITY OF DENTON
CONTRACT DOCUMENTS: Having examined the Proposal, General Instructions,
Materials, Execution, Drawings, and Contract for Project #31020292 and
Conditions for Reroofing work, and having examined the premises and
circumstances affecting the work, the undersigned offer:
OFFER: 1. To furnish all labor, material, tools, equipment, transportation,
bonds, all applicable taxes, incidentals, and other facilities, and to perform
all work for the said Reroofing for the following area:
BASE BID - THE EMILY FOWLER LIBRARY, 502 OAK LAWN, DENTON, TEXAS
Eighty EiQht Thousand Five Hundred and Fifty & 00/00
$ 88,550.00
UNIT PRICE PROPOSAL:
1. Remove and replace damaged concrete decking: $ 5.50
per square foot.
2. Remove and replace deteriorated nailers: $ 1.50
per linear foot.
3. Additional cost over and above the contract amount for replacing wet
fill material: 1-1.75 per inch per square foot.
4. Install four (4) inch roof drain: $ 450.00 each.
5. Install four (4) inch cast iron drain line complete with all
connections, elbows, etc.: $ 6.50 per linear foot.
6. Additional cost over and above the contract amount for weekend or overtime
requested by the Owner: $ 7.00 additional cost per man per hour.
QUALIFICATIONS: 2. Contractor shall fill in below material manufacturer's
company name of materials being bid on.
Coal-Tar Elastomeric Membrane (CTEM): Hy-Load
Base Sheet: Manville 28 lb. Glass Base
Bitumen:
Manville Perlite
Manville Type IV
Manville or Trumbull (Type III)
Insulation:
Felt:
P2
PROJECT #31020292
PROPOSAL: REROOFING AT EMILY FOWLER LIBRARY
CITY OF DENTON
Upon receipt of notice of acceptance of this bid, within thirty (30) days of
the date of this proposal, I (or we) agree to execute the formal contract
within ten (10) days thereafter, and to deliver an Insurance Certificate, a
SURETY BOND in the amount of ONE HUNDRED PERCENT (100%) of the contract price
for the faithful performance of the contract, and a ONE HUNDRED PERCENT (100%)
STATUTORY PAYMENT BOND.
The undersigned agrees to complete all work shown on the drawings and in the
specifications within the time limits set forth below subject to additional
days that may be added due to inclement weather and/or other justified and
reasonable extensions or time as may be approved by the Owner.
Contractors that are awarded contracts shall be prepared to immediately sit
down with the City of Denton Representatives and present a plan that will
illustrate how progression of work is to take place to insure completion of
all work within specified time limits. The time limits are as follows:
If a contractor is awarded the project, project must be completed within
thirty-five (35) calendar days or contractor will be subject to liquidated
damages as set forth below.
THE OFFICIAL WEATHER RECORD WILL BE KEPT IN THE CITY OF DENTON DIRECTOR OF
MAINTENANCE'S OFFICE.
The undersigned agrees that the owner may retain the sum of THREE HUNDRED
DOLLARS ($300.00) from the amount to be paid to the undersigned for each
calendar day that the work contemplated remains incomplete beyond the time set
forth, Sundays and Holidays INCLUDED.
This amount is agreed upon as the proper measure of liquidated damages which
the owner will sustain per day by failure of the undersigned to complete the
work at the stipulated time, and is not to be construed in any sense as a
penalty.
Payment will be made to the Contractor within thirty (30) days after receipt
of written acceptance of project completion from the Owner's Representative,
Contractor's invoice, and all written warranties from both Contractor and
Manufacturer.
P3
PROJECT #31020292
PROPOSAL: REROOFING AT EMILY FOWLER LIBRARY
CITY OF DENTON
I (or we) agree to promptly furnish a correct and current financial statement of
condition with list of owned equipment and an experience record of completed
projects for examination by owner and architect, if same is required.
SEAL (If by Corporation)
RESPECTFULLY SUBMITTED BY
Almon~ Roof Consultants
~/~~ -C
TI TLE
Owner
ADDRESS
PO Box 292213
Lewisville, Texas
75029-2213
Indicate if: () Partnership
( ) Corporation
(X) Sole Owner
If a partnership, list names and addresses of partners:
If corporation, indicate state in which corporation was organized and is existing:
Principal Stockholders: (Name and Address)
P4
'DATE
\04/22/92
-------------------------------------------------------------------------------
PRODUCER iTHIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATIO
VECELLIO INS. AGY. INC. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
5177 RICHMOND S. 672 )HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
HOU, TX 77056-6736 I~~~~~_~~~_~~~~~~~~_~~~~~~~~_~~_~~~_~~~~~~~~_~~~~~~__
: COMPANIES AFFORDING COVERAGE
(COMPANY-LETTER-A-AETNA------------------------------
INSURED-------------------:COMPANy-LETTER-S-REPUSLIC---------------------------
~~~0~~2~~gF CONSULTANTS (COMPANY-LETTER-C-------------------------------------
LEWISVILLE, TX 75029 ICOMPANY-LETTER-O-------------------------------------
!COMPANY-LETTER-E------------------------------------
CERTIFICATE OF INSURANCE
COVERAGES
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO
THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY
REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT
TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED
BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND
CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
----.----------------------------------------------------------------------------
CO ' , , POLICY , POLICY , LIMITS
LTRi TYPE OF INSURANCE i POLICY NUMBER (EFF DATEiEXP DATEI
---IGENERAL-LIABILITY---,----------------/--------,--------IGEN-AGG--;-----------
: ! 1 Cot11'1ERCIAL G/L ) :): PROD AGG $
[ JCLAIMS [ JOCCR PERS INJ $
: OWNER&CONTRACTORS: ::: EACH OCC $
FIRE DMG $
\ I \ I I t1ED "'XP $
___1______--------------/---------______1________1___-____/____~________________
: AUTOMOBILE LIABILITY: :::
~ ANY AUTO I I CSL $500,000
I ALL OWNED AUTOS I I ---------------------
B : Q ~~~~gu~5~O~UTOS )TBD :4/15/92 )4/15/93 :~~_~~~~~l!___________
I X NON-OWNED AUTOS I \ 1 : 81 (ACC) $
I r GARAGE LIABILITY I I ----------------------
1 t I , 1 , PROP DI'18 $
1______--------______1______---______1________1______-_)_____________________
/EXCESS LIA8ILITY I 1 I EACH OCC $
) f ] UMBRELLA FORM: ::) AGGREGATE$
] OTHER THAN UM8R. I \ I
___1______--------------\--------------- ________ ________ _____________________
I 1 I / I [ ] STATUTORY LIMITS
A I,WORf;ERS COMPENSATION)CG20996244CCF :9/1/91 )9/1/92 lEACH ACC $100,000
AND DIS LIMIT$500,000
II EMPLOYERS , LIABILITY: i: IDIS EMPL $100,000
-------------------- --------------- --------\--------\---------------------
: OTHER ) : I /
\ I I \ \
/ / , 1 ,
I I I I I
--------------------------------------------------------------------------------
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS
RE-ROOF EMILY FOWLER LIBRARY, 502 OAKLAND, DENTON, TX 76201
PROJECT 1t1348
CERTIFICATE HOLDER IS AN ADDITIONAL INSURED WITH RESPECTS TO THE AUTO
POLICY.
-----------------------------------------------------------------------------
CERTIFICATE HOLDER CANCELLATION
---------------------------------------
--------------------------------------
CITY OF DENTON, TEXAS
PURCHASING AGENT
901 B TEXAS STREET
DENTON, TX 76201
'SHOULD ANY OF THE ABOVE DESCRIBED
)POLICIES BE CANCELLED BEFORE THE EXPIR-
IATION DATE THEREOF, THE ISSUING COMPAN'
WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN
(NOTICE TO THE CERTIFICATE HOLDER NAMED
/TO THE LEFT, BUT FAILURE TO MAIL SUCH
NOTICE SHALL IMPOSE NO OBLIGATION OR
IILIABILITY OF ANY KIND UPON THE COMPANY.
IIiS AGE~:.~_~~_~~~~~~~~:.~:.:~~~~_________
:AUTHOR~ZED fEPRE~E~TA~~V~
, /'? / (/l .~,-C~ L JC ce.e. e., c' ___
--------------------------------------
,.
C E R T I F I CAT E
o F
INS U RAN C E
This certificate ;s issued as a matter of information only and confers no rights upon the certificate IIssue Date 4/15/92
holder. This certificate does not amend, extend or alter the coverage afforded by the policies beLow.
PRODUCER COMPANIES AFFORDING COVERAGE
MILTON 0 JOHNSTON AND COMPANY
P. O. BOX 690229 A:COLONY INSURANCE COMPANY
HOUSTON S TX 77269-0229 B:
Code 1300 ub-code 1
C:
INSURED
BERT ALMOND D:
dba ALMOND ROOF CONSULTANTS
P. O. BOX 292213 E:
LEWISVILLE , TX 75029-2213
C 0 V ERA G E S
This is to certify that policies of insurance listed below have been issued to the insured named above for the policy period
indicated, notwithstanding any requirement, term or condition of any contract or other document with respect to which this
certificate may be issued or may pertain, the insurance afforded by the policies described herin is subject to all the terms
exclusions, and conditions of such policies. Limits shown may have been reduced by paid claims.
CO TYPE OF INSURANCE POLICY NUHBER EFFECTIVE EXPIRATION LIABILITY
tTR DATE DATE THOUSANDS
GENERAL LIABILITY
A X Commercial General Liability GL 1360053 8/30/91 8/30/92 General Aggregate $ 1000
] Claims Hade 0 Occurrence Products-Comp/Ops Aggregate $ 1000
Personal & Advertising Injury $ 1000
Each Occurrence $ 1000
Owner's & Contractor's Protection / / / / Fire Damage (Any One Fire) $ 50
/ / / / Medical Expense (Any 1 Person) $ 5
AUTOHOBILE LIABILITY
Any Auto / / / / Combined Single Limit $
A II OWned Autos / / / /
Scheduled Autos / / / / Bodily Injury (Per Person) $
Hired Autos / / / /
Non-OWned Autos / / / / Bodily Injury (Per Accident) $
Garage Liability / / / /
/ / / / Property Damage $
EXCESS LIABILITY I EaC~ Occurrence I
/ / / / Aggregate
Other Than Umbrella Form I / I / $
STATUTORY
~ORKERS' COHPENSATION / / / / $ (Each Accident)
AND $ (Disease-Policy Limit)
EHPLOYERS' LIABILITY $ (Disease-Each Employee)
OTHER
/ / / /
/ / / /
,
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLESjSPECIAL ITEMS
GENERAL CONTRACTOR ---- ~EVISED CE~TIFICATE
JOB: RE-ROOF EMILY & WILL LIBRARY 502 OAKLAND DENTON TX 76201
PROJECT # 1340---CERTIFICATE HOLDER IS N~.MED AS AN ADDITIONAL INSURED
CANCELLATION: Should any of the above described policies be cancelled before the expiration date thereof, the issuing
company will endeavor to mail 30 days written notice to the certificate holder named below, but failure
to maiL such notice shalL impose no obligation or liability of any kind upon the company, its agents or
representatives.
CERTIFICATE HOLDER
CITY OF DENTON~ TEXAS
PURCHASING AGE~T
901 "B" TEXAS STREET
DENTON , TX 76201-
1-
8
ITC 1991
TEL No.713-850-7281
Apr 27,92 15:52 No.029 P.02
HE.lmnNI. r: fll NI ". f<
1 HI '.' ['I r 1r>,:T~ I':' t,
'DATE
!04/22/92
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BOX 2'~2213
LEWISVILLE, TX 75029-2213
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11COtH'H-riClf,1 (;/1 I ,PROD AGO $
[ Ju t'lHb r ](Jccur,I'JCI:: IPEr~S INJ $
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/ ,{PROP DMG $
, MED PAY $
! Jr>IP $ 2,500
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PtOCI,iL CONUI [IOW;/Rf:.STfaCTION~VOTHER COVERAGES
---.....---------.-----.-...------.-------------.--.-----------------------------------------
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',31 tROSSTH1EHS
-OWERMOUNO, TX 75028
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