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1988-0850923L NO -D~t5 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City has solicited, received and tabulated competitive bids for the construction of public works or improvements in accordance with the procedures of state law and City ordinances, and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or improvements described in the bid invitation, bid proposals and plans and specifications therefore, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the following competitive bids for the constructfon-of public works or improvements, as described in the IlBid Invitations", "Bid Proposals" or plans and specifications attached hereto are hereby accepted and approved as being the lowest responsible bids BID NUMBER CONTRACTOR AMOUNT 9849 Hasty-Fowler Construction Company 67,145 00 9853 Peach St Tank Painting 19,951 00 SECTION II That the acceptance and approval of the above competitive bids shall not constitute a contract between the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, after notification of the award of the bid SECTION III That the City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein SECTION IV That upon acceptance and approval of the above competitis and the execution of contracts for the public works and improvements as authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto SECTION V That this ordinance shall become effective imme iately upon its passage and approval PASSED AND APPROVED this the 17th day of May, 1988 RAY S EN MAYOR ATTEST J I r A R, GITY SECRETARY A PROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY D i PAGE TWO DATE May 17, 1988 CITY COUNCIL REPORT TO Mayor and Members of the City Council FROM Lloyd V Harrell, City Manager SUBJECT BID# 9841 - 8 MG RAW WATER PUMP NO 3A RECOISIENDATION We recommend the evaluated low bid for this pump be awarded to Johnston Pump Company in the amount of $58,303 00 this bid has been reviewed by the Public Utilities Advisory Board and recommended for approval SUMMARY This bid with specifications was prepared by our consulting engineers, Freese and Nichols We advertised and received the bids The bids were then evaluated by Freese and Nichols Their recommendation is attached The bid was sent to known suppliers of which we received five acceptable bids BACKGROUND. Evaluation figures and recommendation from Mr Joe Maples of Freese and Nichols Also minutes from the Public Utilities Advisory Board PROGRAMS DEPARTMENTS OR GROUPS. AFFECTED. the supply of future water to the citizens of Denton, and the completion of the present expansion project FISCAL IMPACT There is no additional impact on the General Fund Respectfully submitted oy Harre 1 City Manager Prepared by a John J Marshall, C P M Ti Purchasing Agent A Approved 1 n~ Z-'-4 j(wime ✓ 'Jofin J Marshall, C P M Purchasing Agent TMe. RECEIVED APR 2 5 1988 Fneeese SIMONR FREESE REESE PE IAMESS E ROBERTL NICHOLS PE AND LEEB FREESE PE ROBERTS GOOCH PE JOE PAUL JONES PE ROBERTA THOMPSONIII PE Nichols O INC T ANTHONY REID PE GARYN REEVES PE CONSULTING ENGINEERS GEORGEE HUMAN PE JOEB MAPES PE W ERNESTCLEMENT PE ELVINC COPELAND PE April 21, 1988 A JERRYL LEEELEMING PE LEEHEADIII PE RONNIEM LEMONS PE MICHAELIS MORRISON PE C DIANEPALMER PE ROBERTF PENCE PE Mr C David Ham P E LEOA DOTSON PE DAV DR IS Director of Water and OHN L IONS P E Wastewater Utilities THOMASC GOOCH PE GARRYH GREGORY PE City of Denton MICHAELL NICHOS PE Service Center/Warehouse 901-A Texas Street Denton, TX 76201 RE Purchase of 8 MGD Raw Water Pump No 3A Bid No 9841 Dear Mr Ham Bids were received on April 7, 1988 for purchase of Raw Water Pump No 3A. The bid tabulation submitted herewith is summarized below with evaluations based on $8,000 per one percent efficiency Delivery Time Agency Amount Calendar Days Johnston Pump Company, Amount Bid (795% Eff) Evaluated Amt $ 58,303 58,303 210 Smith Pump Company, Amount Bid (798% Eff) Evaluated Amt $ 77,517 75,117 240 Peabody-Flowq, Inc, Amount Bid (76 0% Eff ) Evaluated Amt $ 82,666 110,666 224 Goulds Pumps, Inc, Amount Bid $ 82,915 210 (810% Eff ) Evaluated Amt 70,915 Peerless Pump, Amount Bid $103,675 252 (82 65% Eff ) Evaluated Amt 78,475 We have contacted Johnston Pump Company's representative, Mr Randy Grobe, regarding their low bid and to venty some questions about their bid Questions regarding their bid have now been satisfactorily answered, and their bid is in compliance with the plans and specifications Other remarks regarding the Johnston bid are as follows 1 Total weight of the pumping unit to be 16,445 pounds, in lieu of 12,898 pounds shown in proposal TELEPHONE 817336-7161 811 LAMAR STREET FORT WORTH TEXAS 76102 METRO 817429.1900 Mr C David Ham, P E April 21, 1988 Page 2 Motor is to be US motor with 95 0% efficiency at full load, which is a premium efficiency type motor Johnston will accept the specified guarantee, in lieu of their standard warranty The pump will operate by itself satisfactorily at 170 foot, TDH, delivering about 8,100 pm at about 60 percent efficiency, provided adequate NPSH is available Johnston offers to provide a power factor capacitor to meet the specified minimum power factor The $1,000 quoted for this item has been included in the total bid amount Peerless Pump bid conforms to all the requirements specified and has very high overall efficiency The evaluated amount ranks third from lowest This pump has very desirable head-capacity characteristic curve This proposal appears to be in good and acceptable form Delivery time quoted, 252 calendar days, might need consideration Peerless bid is about 181 times the bid of Johnston However, the present worth of the improved efficiency would not justify paying the extra money to buy the Peerless pump We have been involved in numerous projects somewhat similar to this project whereby Johnston furnished pumping units that have performed satisfactorily We have also checked with the City of Fort Worth where they have had experience with Johnston vertical turbine pumps, and are satisfied with their performance and factory service After consideration of the various factors discussed above, we recommend award of the purchase agreement to Johnston Pump Company at their bid of $58,303 Yours very truly, FREESE AND NICHOLS, INC Loet Mapes, JBM gwc 007 xc R L. Nichols, P E Snni Sundaramoorthy Jerry Roush Lee Allison EXCERPT FROM MINUTES PUBLIC UTILITIES BOARD May 4, 1988 9 CONSENT AGENDA Each of these items is recommended by Staff and approval thereof will be strictly on the basis of the Staff recommendations Approval of the Consent Agenda authorizes the Executive Director of Utilities or his designee to submit the items to City Council for further review and action A. Bid Openings 1) Bid #9849, Pembrock Street Water Line, replacing 6" with 8"- Hasty Fowler Construction Cc $67,145 2) Bid #9841, Pre-Purchase of Raw Water 8 MGD Pump Unit #3A,-Johnson Pump Company -$589303 3) Bid #9810, Oversize Water Lines- Jesse Coffey, Westgate Hills North Subdivision, $4456 4) Bid #9853, Peach Street Tank Interior Painting & Structural Repair, Owen Painting, $19,951 B Change Orders 1) Change Order #12- Denton Water Treatment Plant Upgrade- Phase II, $9963 05- Tonto Construction Company C Contracts 1) Consider Contract for Disposal of PCB Transformers & Capacitors with National Electric APTUS Thompson made a motion to approve the consent agenda Second by LaForte, all ayes, no nays, motion carried May 4, 1988 Q CONSENT AGENDA &I PUBLIC UTILITIES BOARD AGENDA ITEM TO CHAIRMAN AND MEMBERS OF THE PUBLIC UTILITIES BOARD FROM R E Nelson, Executive Director of Utilities SUBJ CONSIDER BID OPENING-BID #9841 PRE-PURCHASE OF RAW WATER 8 MGD PUMP UNIT #3A RECOMMENDATION The Utility Department and Freese and Nichols, Inc , recommend award of the bid to the lowest qualified bidder-Johnson Pump Company- in the amount of 458,303 SUMMARY Bids were opened April 7, attached herewith as Exhibit pre-purchase of an eight installation will be under a the pump gives the staff a b reduces contractor's markup BACKGROUND 1988, and the bid tabulation is I This bid pertains only to the MGD pump and motor, and the separate contract Pre-purchasing etter control on the selection and This is an approved 1988 CIP project The raw water pump station has four pumps (3-8MGD and 1-6MGD) with a combined capacity of 27 4 MGD The smallest pump (6 MGD) will be replaced with an eight MGD pump, increasing the total pumping capacity to 32 MGD This is in conjunction with the ongoing water plant expansion to 30 MGD PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED Citizens of Denton, Denton Municipal Utilities, Purchasing FISCAL IMPACT 1988 CIP Budgeted Estimate (Pump & installation) 4200,000 Lowest bid-pump only (this request) 58,303 Balance for installation 4141,697 Source of Funds Water Bonds- 623-008-0460-9106 Res a tfully submitted, R E Nel on,,/Executive Director of Utilities Prepa ad , Srini Sundaramoo-ft Civil Engineer i 4Ad by Ham, Directo stewater Util Attachment I Bid Tabulation II Location Nap III FfiN Recommendation SCALEW-Approx 3 Mlles VICINITY MAP o g n ~ ~ r ~ I T ~ ~ I I I ~ T yo I yn Tm ^ N m x ^ ~ g ~ WT a z ~no Yy S Z ~ N m I A ~ ~ vn r➢- C ~ a€^N ECO r = ~ mx ip ~ K ~ o4 O~D~n D M S w~ c H m .^y SD Y ~ ~ A Y x K ° ~ = m N ~ S F 1 ° K Y Y N r R N M m c n • Y ~~O^ q W ~ N+ ~ en Y G ~ N J1 p IgC p D L ~ r ~ ~$58 ~ ~ ~ ^ 2 H 8 ry 9 p q ~ E W O O 1^ r U O p U W O A y O p CS p p 8 p O y TY O p N O ~ N e NDY pnp ° O ~p Y2 r p N A SS➢ N r I a x M M ~p P11 J ~ ~ yp sa C N N m~y 2 ~S b a O v O ~ v p O H v °v€-~ w Y Q pTT_ ~ S 8 ~.N A ~ _ R r 1 2 M N ryry Y G$ Y < N ~ONO n Y ~ ~ N O P OA V r 6 m mp K N O N nNT O O N $ Y N ' app A S P ~ pp ~ + 8 p O q ~ r ly LC~ O q ~ S O S ~ pP O b m W I u A pN S V _ Y n N O ~ N yjNj1 jQ 0 M W O_ i Q~ N ~ ~ mm N g a M; O O N m N y Y~ y9 ~ ~ m li 2 N O R 0 $ O ~ N $ ~ GG N ~ ~ N r p r " g g ~ 8 S g y O z n g A r a _ Na O M M1in > a V S W G C^ V N m W N^ W N ~ _ O R 9 G J N~ N Y 1 T V P N p p U V m N V V~ N m V ~ ° 9 O t S~ O ° tPl~ N P ~ p O S µ O O M S Y_ M N ry r ~ V N ; N~ I 5 a I L' 3 S T ~C - G A r S N b DATE May 17, 1988 CITY COUNCIL REPORT TO Mayor and Members of the City Council FROM Lloyd V Harrell, City Manager SUBJECT Bid# 9849 PEMBROOKE ST 8" WATERLINE RECO194ENDATION We recommend this bid be awarded to the lowest bidder Hasty-Fowler Construction Co , Inc in the amount of $67,145 00 SUMMARY This bid is to replace an old existing 6" waterline, that has experienced many leaks and breaks in the past few years, with a new 8" water line The Public Utility Advisory Board recommended approval of this project at their May 4, 1988 meeting BACKGROUND Tabulation Sheet PROGRAMS DEPARTMENTS OR GROUPS AFFECTED. City of Denton Municipal Utilities, Water Distrt 7tlon System FISCAL IMPACT 1988 CIP Budgeted Funds Account # 620-081-0461-9114 Respectfully submitted L y arrel City anager Prepared by /IVam o n J Marshall, C P M T"i tl Erl Purchasing Agent Approved i C/. LZZ Z mt' /016116 Marshall, C P M Title, Purchasing Agent 91 OI ml m i i R 'li i i ; r 1 MY 1 n C] 1 e T1 1 I 1 mil I til _ r i la 0 1 y 1 I 1 1 ti 1 1 1 1 I 1 1 I 1 I 1 1 1 1 1 i i i N v m m I I ml ~I SI i i m x i 21 I 1 1 I +O I I -1 I I ml + 1 TI m 1 ti 1 al 1 1 a a i r i i i ~ v r p O I / 1' I 1 ZI $I I 1 n i n $ s m iJl 1 1 -1 x u 1 m 1 1 1 m a~ Nf ~ 1 1 i 1 1 1 1 m n m T I x I t T[ H p m 1 p 1 Z S $ $ I 3] 1 V 1 C j ~1 N i 1 1 S I 1 _1 I I r V 1 C I m i x i i= m a 1 g 1 n m ~ m 1 1 _ - - r I n - 1 1 e 4 0 +1 i c i n d s ul 1 m 1 -a m 1 ~ i O n y I I -1 r+ S m 1 1 o m 1 1 1 1 x m m m 1 c 1 0 m ~a I r ~ I l '1 $ r I 1 ~1 1 1 n H O 1~ 10 I 1 $ _ 1 1 1 I I V I ~ 1 T p t N ~ I D I 1 -1 9 ~ r ~ i p 1 9 t L ll i .S ~I I 1 ~ 1 1 I 1 C m N b I C 1 n m z i z~ m m i m V I p m I ~S ~ 4~i ~N I 9 I ti 0 I I ~ $ y ly 1 I Z I I n ~ i ® I T 1 O + I S 1 $ ® 1 I i o m m i z i z s cn b i ~ i 1~ a i -1 x i i 88 v~5 CONTRACT AGREEMENT STATE OF.TEXAS COUNTY OF DENTON ) JUN 1510 THIS AGREEMENT, made and entered into this 19 day of MAY _ A.D., 19,88 , by and between THE CITY OF DENTON TEXAS 901 B TEXAS STREET, DENTON TEXAS of the County of DEN_ TO N and State of Texas, acting through thereunto duly authorized so to do, LLOYD V. HARRELL, CITY MANAGER Party of the-First Part, hereinafter termed the OWNER, and ,,HASTY FOWLER CONSTRUCTION CO. RICKY FOWLER - PRESIDENT 106 WEST 36th STREET SAN ANGELO, TEXAS 76903 SAN ANGELO County of TOM GREEN of the City of Party of the Second Part, hereinafter and state of TEXAS termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and of the agreements hereinafter eunderedtheoconbe e ditionsnexpress de inytheebondsybearing First part (OWNER)), , and even date herewith, the said Party of the Second Part (CONTRACTOR) hereby agrees with the said Party of the First Part (OWNER) to commence and complete the construction of certain improvements described as follows: ST- 91, PURCHASE ORDFRL! 84628 S67,145.00 the and all extra work in connection therewith, under the terms as rous=ed o T and General Conditions of the agreement; and at his (or their) own tools, expense to furnish all materials, supplies, machinery, equipment, superintendence, labor, insurance, and other accessories and services necessary to complete the said construction, in accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), Instructions to Bidders, and the Performance and Payment Bonds, all plats eblueprints, aand other drawings and printedlors, which includes all maps, p CA-1 0044b written explanatory matter thereof, and the Specifications therefore, as prepared by CITY OF DENTON ENGINEERING STAFF , , all of which are made a part hereof and collectively evidence and constitute the entire contract. The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in written notice to commence work and complete all work within the time stated in the Proposal, subject to such extensions of time as are provided by the General and Special Conditions. The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the Contract. IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. ATTEST: AA~ IFE WALTERS CITY SECRETARY ATTEST.: APP ED TO FORM: City Attorney CITY OF DENTON, TEXAS arty o the First Part, LLOYD V. HARRELL, CITY MANAGER (SEAL) HASTY-FOWLER CONSTRUCTION, INC. Party of the Second Part, CONTRACTOR (SEAL) CA-2 0044b PERFORMANCE BOND STATE OF TEXAS COUNTY OF Tom Green)( Hasty-Fowler Construction Company, KNOW ALL MEN BY THESE PRESENTS: That Inc. , of the City of San Angelo County of Tom Green and State of Texas as PRINCIPAL, and Fidelity & Deposit Company of Maryland , as SURETY, authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto the THE CITY OF DENTON TEXAS as OWNER, in the penal sum of SIXTY SEVEN THOUSAND ONE HUNDRED FORTY- FIVE DOLLARS Dollars 3_L7.,145-00 ) for the payment whereof, the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the OWNER, dated the 19 day of MAY 19 88 , for the construction of BID# 9849 PEMBROOKE ST. 8" WATER LINE which contract is hereby referred to and made a dpart hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, the condition of this obligation is such, that if the said principal shall faithfully perform said Contract and shall in all respects, conditions and agreements in and by said contract agreed and covenanted by. the Principal to be observed and performed, and according to the true intent and meaning of said Contract and the Plans and Specifications hereto annexed, then this obligation shall be void: otherwise to remain in full force and effect; PB-1 PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended by acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in DENTON County, State of Texas. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEHEYF, the said JPriincipal and Surety Biave signed and sealed this instrument this day of 19 Hasty-Fowler Construction, Inc. Principal By /e-!Y President Title 1106v-West 36th St. ~Address~~f Texas 76903 y~~Q.•' San;ngelo, Fidelity & Deposit Company of Maryland Surety ' c /j Attorney-in-fact Title Address 12222 Merit Drive Suite 1360 Dallas, Texas 75251 (SEAL) (SEAL) The name and address of the Resident Agent of Surety is: Fields Stewart Dolliver P.0. Box 1111, San Angelo, Texas 76902 NOTE: Date of Bond must not be prior to date of Contract. PB-2 0091b The U Companies HOME OFFICES: BALTIMORE, MD. 21203 POWER OF ATTORNEY N OF KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT C C PAMY PECOT, MARYLAND, and the FIDELITY cD Presidentt,, DEPOSIT COMPANY, corporations of the State of Maryland, in by pursuance of authority granted by Article VI. Section .2 of ` and C. W. ROBBINS , Assistant Secre certified t the respective BY-Laws Of said Companies, which are set forth on the reverse side hereof and are hereby to be_in Don W. full force and effect on the date hereof, do hereby nominate, constitute and appoint Robert L. Fields, , . N. Rodgers Stewart, Roger M. Dolliver, Herbert^R.THeard, J. Mats hal-1 Huling, Walter a I I— nn as e as Mare y, t e e an aft u ages an orney-m- ac o each,-to.maae. exc _ and as its act and deed: any and all bonds a nd'"tindertakvngs. -.EXCEPT bonds on behalf o Independent Executors, Community Sui84ors and,.;Communit Guardians. n t e execution of such bonds or undertakings grpursuance of them presents, shall be as binding upon said Companies, as frilly and amply, to all intents and purposes, _as, if'.thev.had been duly executed and acknowledged by the regularly elected officers of.the respective Companies at then;offices in Baltimore. Md., in their own proper persons. This power of attorney revokes that issued on behalf of-Robert L. Field, etal,_ dated, August 19, 1985 IN WITNESS WHEREOF, the said Vice Presidents and Assistant Secretaries have hereunto subscribed their names and affixed the Corporate Seals of th e said FIDELI TY AND DEPOSIdTeC OMPANY OF MARY Nb and the FIDELITY AND DEPOSIT COMPANY this 12th Y ATTEST: FIDELITY AND DEPOSIT COMPAN,YI OF M YL Y ~I blrr \ -SEAL _n By ice-President ' Assistant Secretary FIDELITY AND Df~POSIT MPANY ' =SEAL s \ u By CJ _ President Assistant Secretary STATE OF MARYLAND ; SS: - CITY OF BALTIMORE - .~.this 12th day cf November , A.D. 19 87 , before the subscriber, a Notary Public of the State of Maryland, in and for the City of Baltimore. duly commissioned and qualified. came the above-named Vice-Presidents and Assistant Secretaries of the FIDELI- TY AND DEPOSIT COMPANY OF MARYLAND and the FIDELITY A D DEPOSIT and they O hPANY. to med the n lily known the same. execution individuals and offices deecnbed herein and who executed the preceding are, the sa ocen of the Compamies aforesaid. and being by. me duly sworn, severally and ineach for strument are the Corporate Seale otihat they Companies, tandithet the mid Corporate Sea and mid and that the seals affixed to the "preceding ls then. signatures as such off ce s were duly affixed and subscribed bed to the said instnmtmt by the authority e and hat the C• direction the said ate Se Corporations. Baltimore the y and year . IN TESTIMONY WHEREOF, I have hereunto seLmy hand and affixed my Of(y~aLSaaF'ar / ~~/a,•✓ . rust above written. v 4-'4 lugs S N Public ~ - u`' - My. commission expires Y t t I900- CERTIFICATE I, the undersigned Assistant Secretary of the FIDELITY AND DEPOSIT OF MARYLAND full, aand t the roFIDELLITY_~ fD fDEP and force COMPANY do hereby certify that the original Power of Attorney of which the foregoing the effect on the date of this certificate; and I do further certify thaw en Vi -Pre idenFact as proded in Article Power Seams 2 of the ere Vice-VI, ve OMP Na O Y " By-Laws specially authorized by the Board Direc~tors to the FIDELITY AND By-Laws of the FIDELITY AN DEPOSIT csie COMPANY and by authority of resolutions of the Board of Directors of DEPOSIT This certificate may l signeed by 1969 and of the Board of Directors DEPOSIT COMPANY OF F MARYLAND ara meeting duly ceded and held on the 16th day of July, November. 1978. made heretofore of the FIDELITY AND DEPOSIT COMPANY Y a a meeting duly t leaf ~ Aheld S eerie2nd day of tatY of the Company hethe _ RESOLVED:'"IYtat the facsimile e or mechanically reproduced issued by the Company: shall be valid and binding upon or hereafter, whenever appearing upon a certified copy of any power wer of attorney _ the Company with the same force and effect as though manually affixed.' I( TESTIMONY WHEREOF. I have hereunto subscribed my name and affixed the corporate seal the said.Caa~-orani°• this St June 88 /J - day of ~Q . Assistant Secretary POSIT COMPANY OF MARYLAND D F[DELI"CN" AND E Y FIDELITY AND DEPOSIT COMPANY 168-6756 PAYMENT BOND STATE OF TEXAS COUNTY OF Tom Green KNOW ALL MEN BY THESE PRESENTS: AThat _ ngelo of the City of San om reen Texas County of and State of Fidelity & Deposit Company of Maryland Hasty-Fowler Construction, Inc. as principal, and authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto THE CITY OF DENTON TEXAS OWNER, in the penal sum of SIXTY SEVEN THOUSAND ONE Dollars C$ 67,145.00 H D FO -FI R for the payment whereof, the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, by thes presents: WHEREAS, the Principal has entered into a certain written contract 19 88 with the owner, dated the 19 day of MAY BID# 9849 - PEMBROOKE STREET 8" WATER LINE to which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him tor a hen force s and effect; in full for this subcontractor shall be void, otherwise to work PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the revised Civil Statutes of Texas as amended by the acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. PB-3 Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications or drawings accompanying the same, shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITHNESS WHEREOF, the said Principal and Surety hBa$ve signed and June 19 sealed this instrument this 1st day of Hasty- Fowler Construction, Inc Principal By c~g, Lc President Title Fidelity & Deposit Company of Maryland Surety Attorney-in-fact Title 106 West 36th St. Address 12222 Merit Drive (SEAL) The name and address of the Resident Agent of Surety is: Fields Stewart Dolliver 1 3uitez~,~360 P.O. Box 1111, San Angelo, Texas 76902 PB-4 0092b The FIDELITY AND DEPOSIT COMPANY OF MARYLAND 0~',; ~J / FIDELITY AND DEPOSIT COMPANY o Companies HOME OFFICES: BALTIMORE. MD. 21203 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT C C P MY PECOT,LAND, and the FIDELITY AND DEPOSIT COMPANY, corporations of the State of Maryland, by and C. W. ROBBINS - Assistant Secretary, in pursuance of authority granted re Article certified VI, Section 2 of aprpoint rRobe it Lhe Fb a Ids, Don eWn the respective By-Laws of said Companies, which are set forth ons(ite reverse full force and effect on the date hereot, do hereby nominate.,. g Walter N. Rodgers Stewart, Roger M. Dolliver, Herbert R.THeatd, J. Mars hall Hulin^,°°'LS Ma as sure y, the ,rue nun -as-°- - and as its act and deed: any and all bonds ac Independent Executors, Community Stir, ..EXCEPT bonds on behalf of n t e execution of such bonds or ugderlakings impirrsuance of,theee presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes: es if they had been-duly executed and acknowledged by the regularly elected officers of the respective Companies at their,pffi"a in Baltimore. Md.. in their own proper persons. issued on behalf of Robert L. Field, etal, This power of attorney revoke's.-that dated, August-19, 1985 IN WITNESS WHEREOF, the said V,ce-Piesidents arid-?iesistant Secretaries have hereunto subscribed their names and affixed the CorporateSeals of the said FIDEIiI,TY AND DEPOSIT COMPANY OF MARYLAND a Nb and the FIDELITY AND DEPOSIT A.D. 19B! - No this 12th-3ay of ATTEST: FIDELITY AND DEPOSIT COMPAN OF M YL s SEAL f \ ~ p~t~1Y-<-u.~ By - ice-President - Assistant Secretary . FIDELITY AND D,~POSIT MPANY _SEAL i l By President Assistant Secretary STATE OF MARYLAND ; SS: CITY OF BALTIMORE NOVember. , A, D. 19 87 , before the subscriber, a Notary Public of the State of Maryland, in on his 12th dayoI O and for the City of Baltimore, duly commissioned and qualified. came he above-named Vice-Presidents and Assistant Secretaries of the FIDELI-perso TY AND DEPOSIT COMPANY OF MARYLAND and the FIDELITY NtD DEPOSIT O hPANY, to med the nallly k now he berth, individuals and officers described herein and who executed the preceding the panies aforesaid and befog me daily swom, severally n each are the Corporate Sea of said Co are pa the es, rand (that the sal Coorporate Seals and and that the e eels affixed to ce s the preceding their signatures as such offices were re duly affixed and subacnbtd to the avid instrument by the authority auC direction of the e~ rations. and year IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Ogg •alsaa't ' first above written. sa,x s N Public F K , - My commission expires 1290 July 1., CERTIFICATE I, the undersigned Assistant Secretary of he FIDELITY AND DEPOSIT OF MARYLAND and the FIDELITY AND DEPOSIT COMPANY do hereby certify that the original Power of Attorney of which the foregoing is a fun, true and correct copy, is in full force and executed the mid Power of Attorney were Vi as provided in Article VI, Section 2 of the respeculle, COM effect on the date of this ertificate; and I do further certify that' the Presidents specially authorised by he Board of Directors to appoint ny uorneydmn Fact who the FIDELITY By-Laws of the FIDELITY AND b E aasmile und a aANY nd by a hority of resolutions of the Board of Directors0of Ithe FIDELITY AND This certi MP may signed by DEPOSIT COMPANY OF F MARYLAND at a meeting daily nsduly d alledlaod held day of July, 1969 and I e 2nd day of November `h9 g~h of Directors on the of the FIDELITY AND DEPOSIT COMPANY at a meeting _ Assistant the 2n Secretary of ilo Company, whether made heretofore copy of reproduced signature of of attorney issued by the Company, shall be valid and binding upon RESOLVED:'"Ilaee the (ring uepon n a mechanically ring or hereafter, whenever appea u the Company with the same force and effect as though manually affixed." e and affixed the corporate seals of the said Companies, this IN TESTIMONY WHEREOF, I have hereunto subscribed my st day of June lq_88 Assistant Secretary 168-6756 PfAINTENANCE BOND STATE OF TEXAS COUNTY OF Tom Green KNOW ALL MEN BY THESE PRESENTS: THAT Hasty-Fowler Construction, Inc. as Principal, and Fidelity & Deposit Co. Mryland a Corporation authorized to do business in the taue or Texas, as Surety, do hereby acknowledge themselves to be held and boundst pay unto unto the City of Denton, A Municipal Corporation of the State of Texas, and assigns, at Denton, Denton County, Texas the sum of SIX THOUSAND SEVEN 10Y of HUNDRED FOURTEEN DOLLARS Dollars 6 .714.00 rinci al and the total amount of the contract for the payment of which sum said P P and surety do hereby bind themselves, their successors and asssi s, jointly severally. This obligation is conditioned, however, that: i„. WHEREAS, said Hasty-Fowler Construction, D has this day entered into a written contract with the said City of Denton to build and construct BIDS/ 9849 PEMBROOKE ST. 8" WATER LINE which contract and the plans and specifications therein mentioned, acopreu wy 1___ City of Denton, are filed with the City Secretary of said City and are hereby expressly incorporatd herein by reference and made a part hereof as though the same were written and set out in full herein, and: WHEREAS, under the said plans, specifications, and contract, it is provided that the Contractor will maintain and keep in good repair backfilling that year andd do performed necessary period may date therein of contracted a ceptance other of done the from work' 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 said case the said Contractor shall fail to repair, said reconstruct work t ncaccordanin with said improvements it is agreed that the City may contract and supply such materials and charge the same against the said Contractor and its surety on this obligation, and said Contractor and surety shall be subject to the g in said Contractor mto a comply with the contract terms and provisions of failure h and a this obond. MB-1 0093b NOW,-- THEREFORE-, if the said agreement .to maintain said construction and keep same period of one (1) year, as herein and said contract shall be null and void and have no further effect; force and effect. Contractor shall perform its in repair-for-the maintenance- provided, then these presents otherwise, to remain in full It is further agreed that this obligation shall be a continuing one against the Principal and Surety and that successive recoveries may be had hereon for successive breaches of the conditions herein provided until the. full amount of this bond shall have been exhausted, and it is further understood that the obligation to maintain said work shall continue thr ughoutmasaid maintenance period, and the same shall not be changed, diminished, or in any affected from any cause during said time. IN WITNESS WHEREOF the said Hasty-Fowler Construction, Inc. as Contractor and Principal, has caused these presents Fi~ DP, y & DeF and the said as sVetK, ha eraused these this day of SURETY: I by _ sit presents to oe execuceu ~y - and the said Attorney-in-Fact has hereunto set his hand 19 Fidelity & Deposit Co. of Maryland PRINCIPAL: Hasty-Fowler Construction, Inc. Ricky Fowler, President HB-2 0093b The FIDELITY AND DEPOSIT COMPANY OF MARYLAND FIDELITY AND DEPOSIT COMPANY o ~ Companies HOME OFFICES: BALTIMORE. MD. 21203 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMAN C P MY F MARYLAND. and they ice-President, FIDELITY AND - and DEPOSIT C. WCOMPANY. , BOBBINS corporations of the sta[nt Maryland. Secretary, . in by pursuance of authority granted by Article VI, Section ? Of ' Assissista the respective By-Laws of said-Companies, which are set forth on the reverse side hereof and are hereby certified-to be in full force and effect on the date hereof, do hereby nominate,, constitute and appoint Robert L. Fields, Don W. Stewart, Roger M. Dolliver, Herbert ^R.THdacd,FJ. Marshall Huling,^Walter N. Rodgers v a 311re V- t e e an ew u egn n orney-m- ac o each, faanaxe, exc- .g , - - - It" and.as its act and deed: any and all bonds and?'undertangs...EXCEPT bonds on behalf of Independent Executors, Community Surtivors ari;:Eovtmunit Guardians. n t e execution of such bonds or unaenaxlugs p- F - as fully and amply, to all intents and-purposes: as iE=they had officers of the respective Companies at their-uBices in Baltic ompa, klieae presents, shall be as binding upon said C nies duly executed and acknowledged by the regularly elected Md., in their own proper persons. This power of attorney revokes.-that issaed on behalf of Robert L. Field, etal, dated, August 19, 1985 \f a ssistant Secretaries have hereunto subscribed they names and affixed, IN WITNESS WHEREOF, the said Vice-Presidents id- _ COMPANY the Corporate Seals of the said FIDELITY AND DEPOSaeOF MNovember and the FIDELITY AND DEPOSIT 9BZ- this - 12th y HYCOMPAN,Y1 OF M YL ATTEST: FIDELITY AND DEPOSIT ice-President Asststan[ Secretary FIDELITY AND DOOSIT MPANY BY- /l/.resident A ssistant Secretary - STATE OF MARYLAND 1 SS: - - CITY OF BALTIMORE , On this 12th day of November- , A.D: 19 87 . before the subscriber,, a Notary Public of the State of Maryland, in and for the City of Baltimore, duly commissioned and qualified' carne the above-named Vice-President. and Assistant Secretaries of the FIDELI-perso. nown be th TY AND DEPOSIT COMPANY OF MARYLAND and the FIDELITY ND DEPOaSIITi~ OMPaANY, to ledgemed the execution of the bathe - each individuals and officers described herein and who executed the preceding andbeiog by me duly sworn,severally Mid each for himself if lf d eposethd Sea mith, of said Companies, mid officers the sa dCCorporate Seals and nd that the seal, affixed to the preceding instrument we the Corporate rations. their ,igmtureei as such officers were duly affixed and subscribed to the said instrument by the authority and direction aLSaat' °Y - IN TESTIMONY WHEREOF. I have hereunto set my Fund and affixed MY O[[ e C' o Baltimore t first above written. / . .suss s N"wy Public . My commission expires A-lv 1 - 1990 CERTIFICATE and correct coPY, is in f DEPOSIT I, the undersigned Assistant Secretary of the FIDELITY AND DEPOSIT OF MAR a full, tr u and the FIDELITY AND COMPANY do hereby certify that the original Power of Attorney of which the foregoing effect on the date of this certificate: and I do further certify that the Vice-Presidents who executed the said Power of Attorney were Vice- Presidents specially authorized by the Board of Directors to appoint any Attorney-m-Fact as provided in Article VI, Section 2 of the respective. By-Lawaof the FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the FIDELITY AND DEPOSIT COMPANY. . This- certificate may. be signed by facsimile under and by authority of resolutions of the Board of Directors of. the FIDELITY AND - ly, 1969 DEPOSIT COMPANY OF MARYLAND at a meeting duly called and lheld odn t d oohtlae 2nd day of November 1 RESOLVED: the Bard of Dimcmrs signature of any Assistant Secretary of the Company, whether trade heretofore of the FIDELITY AND DEPOSIT COMPANY mechanically at a reaproducemeetingd duly _ Iliac the facsimile or hereafter, whenever appearing up of attorney issued by the Company, shell be valid and binding upon upon n a certified copy copy of any power wer the Company with the same force and effect as though manually affixed." name Mid .[fixed the corporate seals of the said Companies, this IN TESTIMONY WHEREOF, I have hereunto subscribed my T - n a - 1st day of June 19_88 °'n`._o'1~ Assistant Secretary. 168-6756 CITY OF DENTON MINIMUM INSURANCE REQUIREMENTS INSURANCE: Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted work and/or material has been completed/delivered and accepted by the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter. Satisfactory certificate(s) of insurance shall be filed with the Purchasing Department prior to starting any construction work or activities to deliver material on this Contract. The certificate(s) shall state that thirty (30) days advance written notice will be given to the Owner before any policy covered thereby is changed or cancelled. The bid number and title of the project should be indicated, and the City of Denton should also be listed on all policies as an additional named insured. To avoid any undue delays, it is worth reiterating that: o Thirty (30) days advance written notice of material change or cancellation shall be given; o The City of Denton shall be an additional named insured on all policies. I. Workmen's Compensation and Employer' s_ Liability. This insurance shall protect the Contractor against all claims under applicable state workmen's compensation laws. The Contractor shall also be protected against claims for injury, disease, or death of employees which, for any reason, may not fall within the provisions of a workmen's compensation law. The liability limits.shall not be less than: o Workmen's Compensation - Statutory o Employer's Liability - Statutory II. comprehensive Automobile Liability. This insurance shall be written in comprehensive' form and shall protect the Contractor against all claims for injuries to members of the public and damage to property of others arising from the use of motor vehicles licensed for highway use, whether they are owned, nonowned, or hired. The liability -limits shall not be less than: o A combined single limit of $500,000 III. Comprehensive General Liability. This insurance shall be written in comprehensive form and shall protect the Contractor against all claims arising from injuries to members of the public or damage to property of others arising out of any act or omission of the Contractor or his agents, employees or subcontractors. CI-1 Insurance Requirements page two To the extent that the Contractor's work, or work under his direction, may require blasting, explosive conditions, or underground operations, the comprehensive general liability coverage shall contain no exclusion relative to blasting, explosion, collapse of buildings, or damage to underground property. The liability limits shall not be less than: o A combined single limit. of $500,000 rV. Owner's Protective Liability Insurance Policy. This insurance shall provide coverage for the Owner and its employees, in the name of the City of Denton, for liability that may be imposed arising out of the work being performed by the Contractor. , This also includes liability arising out of the omissions or supervisory acts of the Owner. Although this insurance is strictly for the benefit of the Owner, the Contractor is responsible for obtaining it at his expense. The liability limits shall not be less than: o A combined single limit of $500,000 INSURANCE SUMMARY: The Contract shall provide insurance to cover operating hazards during the period of placing the facility in operation and during testing, and until such time as the facilities are completed and accepted for operation by the Owner and written notice of that fact has been issued by the Owner. Approval of the insurance by the Owner shall not in any way relieve or decrease the liability of the Contractor hereunder. It is expressly understood that the Owner does not in any way represent that the specified limits of liability or coverage or policy forms are sufficient or adequate to protect the interest or liabilities of the Contactor. Again, the Owner shall be given a certificate of insurance indicating that all of the above policies and the appropriate limits are indeed enforced. The certificate shall also indicate that the Owner will be given at least thirty (30) days written notice of cancellation, non-renewal, or material change of the required insurance coverage. All responsibility for payment of any sums resulting from any deductible provisions, corridor or self-insured retention conditions of the policy or policies shall remain with the Contractor. The Contractor shall not beqin any work until the Owner has reviewed and approved the insurance certificates and so notified the contractor directly in writing. Any notice to proceed that is issued shall be subject to such approval by the Owner. CI-2 01/13/87 CERTIFICATE OF INSURANCE CITY OF DENTON Name and Address of Agency Fields Stewart Dolliver P.O. Box 1111 San Angelo, Texas 76902 Phone 915-655-5656 Naar and Address of Insured: Hasty-Fowler Construction, Inc. 106 West 36th St. San Angelo, Tx 76903 Phan 915-655-6422 City of Denton Reference: Pembrooke St. 8" Water Line Project Name: 84628 Project No: Denton Project Location: Managing Dept: Canpenies Affording Coverage. A United States Fire a C This is to certify that policies of insurance listed below have been issued and are in force at this time. Expiration Limits of Liability Luny Type of Insurance Poll Number Date In Thousands (am) Comprehensive Bowel Liability 5430297933 3/16/89 Occurrence A Occurrence - Claims Made (sea i2-reverse) Bodily Injury $ Form to Includes Property Damage $ - Premises/Operations x Independent Contractors x Products/Completed Operations Bodily Injury and Property i d $ x Personal Injury no Oeaage Canb X Contractual Liability (sae #I-reverse) X Explosion and Collapse Hazard Each Occurrence t 000. 000 2 XUnderground Hazard e General Aggrega , , -Liquor Liability Coverage x Fire Legal Liability (sea 0-reverse) Z Broad Form Property Damage - Professional Errors/Omissions - occurrence - claims made (sea #2-reverse) Comprehensive Automobile 1335417012 3/16/89 Bodily Injury/Person Bodily Injury/Accident S $ A Liability - ~ xow:mad/Leased Automobiles Property Damage xilon-owned Automobiles Bodily Injury/Property 000,0' 1 XHired Automobiles Damage Combined , $ A x 08496814 3/20/89 Statutory Amount 500,0 Yorkers Compensation and ' xEmployars' Liability I-each aaccident other Insurance Description of Operations/Locations/Vehicles. The City of Denton is an additional insured as its interest may appear as defined on the reverse side. Naar and address of Certificate Holder. CITY CIF MM, MM P[IIiCIIIIS E AGERr 901-B TEMS Sr DEI1", TX 76201 ,US6g ~77 6/1/88 DATE IS= ~cavlil~.~f 'X. ZAV.-L V( Fields Stewart o liver SM BqMM (IF 0MM3M CN EMM CI-1 AMKM). CI-3 1 ~I~ GENERAL LIABILITY POLICY DEI Date Issueu: V / Crum & Forster G Commercial Insurance __543? 0226j49 E1 Ranawal nft 1. NAMED INSURED AND ADDRESS City of Denton Purchasing Agent 901-B Texas Street Denton, Texas 76201 1 3. THIS INSURANCE POLICY IS ISSUED BY: M United States Fire Insurance Company ❑ The North River Insurance Company ❑ Westchester Fire Insurance Company ❑ International Insurance Company ❑ Mt. Airy Insurance Company 12:01 A.M. Standard Time at Your M Producer Name and Address Fields-Stewart-Dolliver P.O. Box 1111 San Angelo, Texas 76902 4. FORM OF BUSINESS: ❑ Individual ❑ Joint Venture ❑ Partnership M Organization (Other than ~~c nocrRionnnl. City of Denton Coverage a (Number and Edition Date) Coverage Part(s) Commercial General Liability Coverage Part Products/Completed Operations Liability Coverage Part Owners and Contractors Protective Liability Coverage Part Commercial Auto Coverage Part Liquor Liability Coverage Part Railroad Protective Liablity Coverage Part Other (Specify) Tto return for the payment of premium, and subject to all the terms of this policy, we agree wltn you provide t he insurance as stated in this policy. is policy consists of the following coverage part(s) for which a premium is indicated. is premium may be subject to adjustment. p rt Declarations Form 7. FORMS AND ENDORSEMENTS APPLICABLE TO ALL COVERAGE FM101.0.867 g. Total Advance Premium If Paid In $ 235.00 $ CL 152 (11-85) (Number and Edition Date) Abov: or Joint Venture Advance Premium $235.00mp Installments, Premium Due: a, incaution $ ❑ Direct Bill ❑ See Premium raymom Audit Period: Annual (unless otherwise stated): .,.._...,.i., nca.ni-Annual ❑OthE FM 101.0.489 (8186) PRINT DATE (7-87) Terr #9 Nn No: Countersigned by: Fie'yds-S ewar - l ere AUIt 111ea flepmsenULw DECLARE OI E LIABILITY COVERAGE PART OWNERS AND CONTRACTORS Effective Date: Policy No. 12:01 A.M., Standard Time DESIGNATION OF CONTRACTOR Designation of Contractor and Mailing Address Hasty Fowler Construction, Inc. 106 West 36th Street San Angelo, Texas 76903 Pembrook Street Denton, TX Aggregate Limit Each Occurrence Limit Form of Business: ❑ Individual ❑ Joint Venture ❑ Partnership Business Description«: $ 1 000 Uuu $ _ 500,000 L13 Organization (Other than Partnership or Joint Venture) Construction Operations Owner (not railroads- excluding operations on 16292 boardships) Total Cost $67,145 •729 235.OOmp 235. FORMS AND hNUUKatmu.ra 1,,.,,~, - Forms and Endorsements applying to this Coverage Part and made part of this policy at time of issue: IL-00-21; CG-00-09; CG-28-40; CG-28-24; CG-28-55; —Inclusion of date optional. "Information omitted if shown elsewhere in the policy. r THESE DECLARATIONS ARE PART OF THE POLICY DECLARATIONS CONTAINING THE NAME OF THE INSURED AND THE POLICY PERIOD. CL 152 (Ed. 11-85) Includes copyrighted material of insurance Services office, Inc., with its permission. Copyright, Insurame SehricesOffice, Inc., 1994 COMMON POLICY CONDITIONS tions. All Coverage Parts included in this policy are subject to INSPECTIONS'AND SURVEYS A. CANCELLATION ht butare not obligated to: The first Named Insured shown in the We have the rig 1. Declarations may cancel this policy by and surveys at any 1 Make inspections mailing or delivering to us advance writ- time; ten notice of cancellation. 2. Give you reports on the conditions we We may cancel this policy by mailing or 2 find; and . delivering to the first Named insured tice of cancellation at least: 3. Recommend changes. written no 10 days before the effective date of a Any inspections, surveys ,reports orrecom-and only t r l . cancellation if we cancel for non- do not We hanged the menp em payment of premium; or make safety inspections. We do not under- 30 days before the effective date of b take to perform the duty of any person or . cancellation if we cancel for any organization to provide for the health or f workers or the public. And we do t f other reason. y o e sa not warrant that conditions: We will mail or deliver our notice to the 3 . first Named Insured's last mailing ad- 1. Are safe or healthful; or dress known to us. 2. Comply with laws, regulations, codes Notice of cancellation will state the 4 or standards. . effective date of cancellation. The pol- This condition applies not only to us, but icy period will end on that date. also to any rating, advisory, rate service or I \ If this policy is cancelled, we will send 5 similar organization which makes insu- . the first named insured any premium rance inspections, surveys, reportsorrecom- refund due. If we cancel, the refund will mendations. be pro rata. If the first Named Insured o PREMIUMS E cancels, the refund may be less than pr . rata. The cancellation will be effective The first named insured shown in the Decla- even if we have not made or offered a rations: refund. Is responsible for the payment of all pre- 1 roof of mailing will 6. If notice is mailed, p . miums: and be sufficient proof of notice. 2. Will be the payee for any return premiums B. CHANGES we pay. This policy contains all the agreements TRANSFER OF YOUR RIGHTS AND F between you and us concerning the insu- . DUTIES UNDER THIS POLICY rance afforded. The first named insured the Declarations is authorized to i Your rights and duties under this policy may - n shown make changes in the terms of this policy ' not be transferred without our written con the case of death of an individ- t i s terms can with our consent. This policy r waived only by endorse- d n sent excep ual named insured. o be amende ment issued by us and made a part of this if you die, your rights and duties will be trans- policy. ferred to your legal representative but only EXAMINATION OF YOUR BOOKS while acting within the scope of duties as l l C. AND RECORDS ega your legal representative. Until your representative is appointed, anyone having an ndaudtty We may e proper temporary custody of your property y policy at s they re t records late his policy any re will have your rights and duties but only with y period and u up to ng the policy time during the respect to that property. three years afterward. Copyright, Insurance Services Office, Inc., 1982, 1983 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. IL 00 21 11 85 NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT (Broad Form) This endorsement modifies insurance provided under the following: GU 276a (11-85) BUSINESSOWNERS POLICY COMMERCIAL AUTO COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART FARM COVERAGE PART PROD UCTSlCOMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART SPECIAL PROTECTIVE AND HIGHWAY LIABILITY POLICY NEW YORK DEPARTMENT OF TRANSPORTATION 1. The insurance does not apply: A. Under any Liability Coverage, to "bodily injury" or "property damage": (1) With respect to which an "insured" under the policy is alsoan insured under a nuclear energy liability policy issued by Nuclear En- ergy Liability Insurance Association, Mutual Atomic Energy Liability Underwriters, Nu- clear Insurance Association of Canada or any of their successors, or would be an in- sured under any such policy but for its ter- mination upon exhaustion of its limit of lia- bility; or (2) Resulting from the "hazardous properties" of "nuclear material" and with respect to which (a) any person or organization is re- quired to maintain financial protection pur- suant to the Atomic Energy Act of 1954, or any law amendatory thereof, or (b) the .,in- sured" is, or had this policy not been issued would be, entitled to indemnity from the United States of America, or any agency thereof, under any agreement entered into by the United States of America, or any agency thereof, with any person or organiza- tion. B. Under any Medical Payments coverage, to ex- penses incurred with respect to "bodily injury" resulting from the "hazardous properties" of "nuclear material" and arising out of the opera- tion of a "nuclear facility" by any person or organization. C. Under any Liability Coverage, to "bodily injury" or "property damage" resulting from the "haz- ardous properties" of "nuclear material if: (1) The "nuclear material" (a) isat any "nuclear facility" owned by, or operated by or on be- half of, an "insured" or (b) has been dis- r charged or dispersed therefrom; (2) The "nuclear material" is contained in "spent fuel" or "waste" at any time possessed, handled, used, processed, stored, transported or disposed of by or on behalf of an "insured"; or (3) The "bodily injury" or "property damage" arises out of the furnishing by an "insured" of services, materials, parts or equipment in connection with the planning, construction, maintenance, operation or use of any "nu- clear facility", but if such facility is located within the United States of America, its ter- ritories or possessions or Canada, this exclu- sion (3) applies only to "property damage" to such "nuclear facility" and any property thereat. 2. As used in this endorsement: "Hazardous properties" include radioactive, toxic or explosive properties; "Nuclear material" means "source material", "Spe- cial nuclear material" or "by-product material"; "Source material", "special nuclear material", and "by-product material" have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof; "Spent fuel" means any fuel element or fuel compo- nent, solid or liquid, which has been used or exposed to radiation in a "nuclear reactor";. "Waste" means any waste material (a) containing "by-product material" other than the tailings or wastes produced by the extraction or concentration (over) HeHT1 1983, 1984 Copyright, Insurance services office, Inc., remises where such equipment or, device. is ) of uranium or thorium from any ore processed located consists of or contains more than 25 b manly for its "source material" content, and ( (b) i rams of plutonium or uranium 233 or any com- g - resulting from the operation by any person or organ bination thereof, or more than 250 grams of zation of any "nuclear facility" included under the uranium 235; first two paragraphs of-the-definition_of_nuclear _ (d) Any structure, basin, excavation-premises-or " facility " place prepared or used for the storage or dis- means: "Nuclear facility posal of "waste"; (a) Any "nuclear reactor"; and includes the site on which any of the foregoing is (b) Any equipment or device designed or used for located, all operations conducted on such site and (1) separating the isotopes of uranium or l " all premises used for such operations; , , si or utilizing "spent fuel "Nuclear reactor" means any apparatus designed or ha processing or packaging or r (3) ha (3 used to sustain nuclear fission in a self-supporting "waste"; chain reaction or to contain a critical mass of fis-: (c) Any equipment or device used for the process- sionable material; ing, fabricating or alloying of "special nuclear h "Property damage" includes all forms of radioactive material" if at any time the total amount of suc " contamination of property. at the material in the custody of the "insured J, -'J, .nJ119 .i .:ic 91i :j 5n 71 Zi CL 102 CG 00 09 11 85 OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM TOR OR OPERATIONS OF DESIGNATED CONTRAC COVERAGE F Read the entire policy carefully to determine rights, duties and what is Various provisions of this policy restrict coverage. and is not covered. our" refer to the Name d " " " d.lnsured shown in the Declarations. The words an y you Throughout this policy the words "us" and "our" refer to the Company providing this insurance. " " INSURED. WHO IS AN we , erson or organization qualifying as s n " " . uch under SECTION 11- s any p mea insured The word marks have special ti t meaning. Refer to SECTION :V-DEFINITIONS. on a Other words and phrases that appear,in quo or intended from the standpoint of the insured. " SECTION I-COVERAGES This exclusion does not apply to "bodily injury DILY INJURY AND PROPERTY DAMAGE LIABILITY resulting from the use of reasonable force to BO protect persons or property. 1. Insuring Agreement. becomes b. a the t' We those SUMS ill pay w " a ' "Bodily injury" or "property damage" for which damages by, rea- a d to t am eg . ges because of obligated to pay as to pay as da mages b ally l h i " y p e the insured is obliga f the assumption of liability in a contract or c to wh "bodily injury" or "property damage other obligation or N son o agreement. This exclusion does not apply to o this insurance- applies. liability to pay sums or perform acts or services is d liability for damages: reement that is t or a t er covered unless explicitly provided for un g rac (1) Assumed in a con " SUPPLEMENTARY PAYMENTS. This insurance ; or. an "insured contract applies only to "bodily injury" and "property (2) That the insured,would have in the absence damage" which occurs during the policy period. " of the contract or agreement. must The "bodily injury" or "property damage currence" and arise out of: c. " "Bodily injury" or "property damage" which oc- oc be caused by an curs after the earliest of,the following times: (1) Operations performed for you by the t the location specified in the " (1) When all "work" on the project (other than a contractor service, maintenance or repairs) to be per- Declarations; or formed for you by the "contractor" at the (2) Your acts Or omissions in connection with site of the covered operations has been corn- the general supervision of such operations. pleted; or We will have the right and duty to defend any (2) When that portion of the "contractor's" "suit" seeking those damages. But: "work", out of which the injury or damage . The amount we will pay for damages is lim- (1) . arises, has been put to its intended use by i , ted as described in SECTION III-=LIMITS on any person or organization. This exclus ly to any contractor or sub- t a OF INSURANCE; i pp does no ntractor working directly or indirectly for m or (2) We may investigate and settle any cla co the "contractor" or as part of the same "suit" at our discretion: and project. (3) Our right and duty to defend end when we licable limit of insur- d. "Bodily injury" or "property damage"arisingout have used up the app ance in the payment of judgments or settle- of your, or your employees' acts or omissions neral supervision of "work" per- menu.. other than, ge 'contractor". : formed for you by the b. Damages because of "bodily injury" include son or organization , Any obligation of the insured under a workers e damages claimed by any per for care, loss of servicesocdeath resultingat any . compensation, disability benefits or unemploy- ation law or any similar law. time from the "bodily injury". ment compens c. "Property damage" that is loss of use of tangible ll h " to: I. "Bodily i out of insured arising h e property that is not physically injured sha nce" " e (1) An employee of t e of his employment by the occurre deemed to occur at the time of the and in the cours that:caused it. insured; . 2. Exclusions. ,(2) The spouse, child; parent,. brother, or sister ee as a consequence of (1) l This insurance does not apply to' oy of that emp "Bodily injury" or ,property damage" expected above. AUTHENTIC Copyright Insurance Services O 1984 ffices, Inc.. his exclusion applies: i r r` (1) Whether the insured may be liable as an . employer or in any other capacity; and t (2) To any obligation to share damages with or repay someone else who must pay damages because of'the injury. This exclusion does riot apply to liability as- sumed by the insured under an "insured con- tract". g. "Property damage" to: (1) Property you own, rent, or occupy; (2).. Property loaned to you; . .(3) Personal property in your care, custody or control; or (4) "Work" performed for you by the "con- tractor".' h. "Bodily injury" or "property damage" due to war, "whether or not declared, or any act or condition incident to war. War includes civil war, insurrec- tion, rebellion or revolution. This exclusion ap- plies only to liability assumed under: (1) An "insured contract"; or (2) Expenses for first aid. " i. "Bodily injury" or "property damage"arisingout of the use of "mobile equipment" in, or while in practice or preparation for, a prearranged racing, speed or demolition contest or in any stunting activity. . j. (1) "Bodily injury" or "property damage" aris- ing out of the actual, alleged or threatened discharge, dispersal, release or escape of pollutants: (a) at or from premises you own, rent or occupy;* (h) at or from any site or location used by or for you or others for handling, storage, disposal, processing or treatment of waste; (C) which are at any time transported, han- dled, stored, treated, disposed of, or processed as waste by or for you or any person or organization for whom you may be legally responsible; or (d) at or from any site or location on which you or any contractors or subcontractors working directly or indirectly on your behalf or performing operations: (i) if the pollutants are brought on or to the site or location in connection with such operations; or :(ii) if the operations are to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize the pol- lutants. (2) Any loss, cost, or expense arising out of any governmental direction or request that you test for, monitor, clean up, remove, contain, treat, detoxify or neutralize the pollutants. Pollutants means any solid, liquid, gaseous or thermal irritant or contaminant, including -smoke, vapor, soot, fumes, acids, alkalis, chem- icals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. k. "Property damage" to "impaired property" or property that has not been physically injured, arising out of: (1) A defect, deficiency, inadequacy or dan- gerous condition in "work" performed for you by the "contractor"; or' ' (2) A delay or failure by you or anyone acting on your behalf to perform a contract or agree- ment in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and acci- dental physical injury to "work" performed for you by the "contractor,'. SUPPLEMENTARY PAYMENTS We will pay, with respect to any claim or "suit" we de- fend: 1. All expenses we incur, 2. Upto $250 forcostof bail bondsrequired becauseof accidents or traffic law violations arising out of the use of any vehicle to which this insurance applies. We do not have to furnish these bonds. 3. The costs of bonds to release attachments, but only for bond amounts within the applicable limit of in- surance. We do not have to furnish these bonds. 4. All reasonable expenses incurred by the insured at our request to assist us in the investigation or de- fense of the claim or "suit", including actual loss of earnings up to $100 a day because of time off from work. , 5. All costs taxed against the insured in the "suit". 6. Pre-judgement interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance, we will riot pay any pre-judgment interest based on that period of time after the offer. ' 7. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid, offered to pay, or deposited in court the part of the judgment that is within the applicable limit of insurance. 8. Expenses incurred by the insured for first aid to others at the time of an accident, for "bodily injury" to which this insurance applies. , . These payments will not reduce the limits of insurance. SECTION II-WHO IS AN INSURED 1. If you are designated in the Declarations as: 2 t a.. _An individual, you and your spouse are insureds. period for purposes of determining the Limits of Insur b. A partnership or joint venture; you are an-in----"ante.. sured. Your members, your partners, and their SECTION Iv-CONDITIONS spouses are also insureds, but only with respect 1 Bankruptcy. to their duties as partners or members of a joint Bankruptcy or insolvency of the insured will not re- venture. lieve us of our obligation under this Coverage Part. c. An organization other than a partnership or joint Cancellation. venture, you are an insured. Your executive of- 2 ficers and directors are insureds, but only with a. The first Named Insured shown in the Declara- respect to their duties as your officers or direc- tions may cancel this policy by mailing or deliv- tors. Your stockholders are also insureds, but ering to us advance written notice of cancella- only with respect to their liability as stock- ticn. holders. b. We may cancel this policy by mailing or deliver- 2. Each of the following is also an insured: ing to the first Named Insured and the "con- a. Any person (other than your employee) or any tractor" written notice of cancellation at least: organization while acting as your real estate (1) 10 days before the effective date of can- manager cellation if we cancel for non-payment of b. Any person ororganization having proper tempo- rary custody of your property if you die, but only: (1) With respect to liability arising out of the maintenance or use of that property; and (2) Until your legal representative has been ap- , pointed. C. Your legal representative if you die, but only with respect to duties as such. That representative will have all rights and duties under this Cover- age Part. No person or organization is an insured with respect to the conduct of any current or past partnership or joint venture that is not shown as a Named Insured in the Declarations. SECTION III-LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay re- gardless of the number of: a. Insureds; h: Claims made or ,suits" brought; or c. Persons or organizations makingclaimsorbring - ing "suits". 2. The Aggregate Limit is the most we will pay for the suin of damages because of all "bodily injury" and "property damage". 3. Subject to 2. above, the Each occurrence Limit is the most we will pay for the sum of damages because of "bodily injury" and "property damage" arising out of any one "occurrence". If you designate more than one project in the Declara- tions, the Aggregate Limit shall apply separately to each project. T he limits of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the pol- icy period is extended after issuance for an additional period of less than 12 months. In that case, the addi- tional period will be deemed part of the last preceding premium; or (2) 30 days before the effective date of can- cellation if we cancel for any other reason. c. We will mail or deliver our notices to the first Named Insured's and the "contractor's" last mailing address known to us. d. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. e. If this policy is cancelled, we will send the "contractor" any premium refund due. If we cancel, the refund will be pro rata. If the first Named Insured or the "contractor" cancels, the refund may be less than pro rata. The cancella- tion will be effective even if we have not made or offered a refund. I. If notice is mailed, proof of mailing will be suffi- cient proof of notice. 3. Changes. This policy contains all the agreements between you, the "contractor" and us concerning the insurance afforded. The first Named Insured shown in the Dec- larations and the "contractor" are authorized to make changes in the terms of this policy with our consent. This policy's terms can be amended or waived only by endorsement issued by us and made a part of this policy. 4. Duties in The Event Of Occurrence, Claim Or Suit. a. You must see to it that we are notified promptly of an "occurrence,, which may result in a claim. Notice should include: (1) How, when and where the "occurrence" took place; and (2) The names and addresses of any injured persons and witnesses. b. If a claim is made or "suit" is brought against any insured, you must see to it that we receive prompt written notice of the claim or "suit". 3 c. You and any other involved insured must: (1) Immediately send us copies of any de- maads, notices, summonses or legal papers received in connection with the claim or "suit"; (2) Authorize us to obtain records and other information; (3) Cooperate with us in the investigation, set- tlement, or defense of the claim or "suit"; and (4) Assist us, upon our request, in the enforce- ment of any right against any person or orga- nization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. No insureds will, except at their own cost, volun- tarily make a payment, assume any obligation, or incur any expense without our consent. Examination Of Your Books And Records. We may examine and audit your books and records as well as the "contractor's" books and records as they relate to this policy at any time during the policy period and up to three years afterward. Inspections And Surveys. 5. 6. applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative. 8. Other Insurance. The insurance afforded by this Coverage Part is pri- mary insurance and we will not seek contribution from any other insurance available to you unless the other insurance is provided by a "contractor" other than the designated .,contractor" for the same opera- tion and job location designated in the Declarations. Then we will share with that other insurance by the method described below. If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach, each insurer contributes equal amounts until it has paid its applicable limit of insur- ance or none of the loss remains, whichever comes f i rst. If any of the other insurance does not permit contri- bution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 9. Premiums. We have the right but are not obligated to: The "contractor": a. Make inspections and surveys at any time; b. Give you reports on the conditions we find; and c. Recommend changes. Any inspections, surveys, reports or recommend- ations relate only to insurability and the premiumsto be charged. We do not make safety inspections. We do not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions: a. Are safe or healthful; or b. Comply with laws, regulations, codes or stan- dards. This condition applies not only to us, but also to any rating, advisory, rate service or similar organization which makes insurance inspections, surveys, re- ports or recommendations. Legal Action Against Us. No person or organization has a right under this Coverage Part: a. To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured obtained after an actual trial; but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the 7 a. Is responsible for the payment of all premiums; and b. Will be the payee for any return premiums we pay. 10. Premium Audit. a. We will compute all premiums for this Coverage Partin accordance with our rules and rates. b. Premium shown in this Coverage Part as ad- vance premium isa deposit premium only. Atthe close of each audit period we will compute the earned premium for that period. Audit pre- miums are due and payable on notice to the "contractor". If the sum of the advance and audit premiums paid for the policy term is greater than the earned premium, we will return the excess to the "contractor". c. The "contractor" must keep records of the infor- mation we need for premium computation, and send us copies at such times as we may request. 11. Separation Of Insureds. Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Cov- erage Part to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or "suit" is brought. 12. Transfer Of Rights Of Recovery Against Others To Us. 4 i , i i If the.insured has rights to recover all or part of any payment' we have made under this Coverage Part those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us to enforce them. SECTION V-DEFINITIONS 1. "Auto" means a land motor vehicle, trailer or semi- trailer designed for travel on public roads, including any attached machinery or equipment. But "auto" does not include "mobile equipment". 2. "Bodily injury" means bodily injury, sickness or dis- ease sustained by a person, including death result- ing from any of these at any time. 3. "Contractor" meansthe contractor designated in the Declarations. 4. "Impaired property" means tangible property, other than work performed for you, that cannot be used or is less useful because: a. It incorporates work performed for you that is known or thought to be defective, deficient, in- adequate or dangerous; or b. You have failed tofulfillthetermsofacontractor agreement; if such property can be restored to use by: a. The repair, replacement, adjustment or removal of the work performed for you; or b. Your fulfilling the terms of the contract or agree- ment. 5. "Insured contract" means: a. A lease of premises; b. A sidetrack agreement; c. An easement or license agreement in connection with vehicle or pedestrian private railroad cross- ings at grade; d. Any other easement agreement, except in con- nection with construction or demolition opera- tions on or within 50 feet of a railroad; e. An indemnification of a municipality as required by ordinance, except in connection with work for a municipality; f. An elevator maintenance agreement. 6. "Mobile equipment" means any of the following ma- types of land vehicles, including any chinery or equipment: a. Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads; b. Vehicles maintained for use solely on or next to premises you own or rent; c. Vehicles that travel on crawler treads; d. Vehicles, whether self-propelled or not, main- e. 7 8. 9. tained primarily to provide mobility to perma- nently mounted: (1) Power cranes, shovels, loaders, diggers or drills; or (2) Road construction or resurfacing equipment such as graders, scrapers or rollers; Vehicles not described in a., b., c. or d. above that are not self-propelled and are maintained primarily to provide mobility to permanently at- tached equipment of the following types: (1) Air compressors, pumps and generators, in- cluding spraying, welding, building clean- ing, geophysical exploration, lighting and well servicing equipment; or (2) Cherry pickers and similar devices used to raise or lower workers; Vehicles not described in a., b., c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. However, self-propelled vehicles with the follow- ing types of permanently attached equipment are not "mobile equipment" but will be consid- ered "autos": (1) Equipment designed primarily for: (a) Snow removal; (b) Road maintenance, but not construc- tion or resurfacing;, (c) street cleaning; (2) Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and (3) Air compressors, pumps and generators, in- cluding spraying, welding, building clean- ing, geophysical exploration, lighting and well servicing equipment. "Occurrence" means an accident, including contin- uous or repeated exposure to substantially the same general harmful conditions. "Property damage" means: a. Physical injury to tangible property, includingall resulting loss of use of that property; or b. Loss of use of tangible property that is not phys- ically injured. "Suit" means a civil proceeding, brought in the United States of America (including its territories and possessions), Puerto Rico and Canada, in which damages because of "bodily injury" or "property damage" to which this insurance applies are alleged. "Suit" includes an arbitration proceeding alleging such damages to which you must submit or submit with our consent. 10. ,Work" includes materials, parts or equipment fur- nished in connection with the operations. 5 CL 405 (5-86) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 28 40 05 86 AMENDMENT OF POLLUTION EXCLUSION This endorsement modifies insurance provided under the following: OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART The following is added to exclusion I. of COVERAGES (Section 1): Subparagraphs (a) and (d)(i) of paragraph (1) of this exclusion do not apply to "bodily injury" or "property damage" caused by heat, smoke or fumes from a hostile fire. As used in this exclusion, a hostile fire means one which becomes uncontrollable or breaks out from where it was intended to be. AUTHENTIC Copyright, Insurance Services Office, Inc.. 1986 (11-85) f THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 28 24 11 85 TEXAS CHANGES-CONDITION REQUIRING NOTICE This endorsement modifies insurance provided under the following: OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART Under COVERAGES (Section 1), any provision of the Coverage Part requiring you, the "contractor" or any insured to give notice of occurrence, claim or suit, or forward demands, notices, summonses or legal papers in connection with a claim or suit, will not bar liability under this Coverage Part unless we are prejudiced by your or the "contractor's" failure to comply with any such requirement. 1~ AUTHENTIC Copyright, Insurance Services Office, Inc., 1985 THIS ENDORSEMENT. CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 28 55 06 86 TEXAS CHANGES CL 435 (6-86) This endorsement modifies insurance provided under the following: OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART The CANCELLATION Condition (Section IV) is re- 1 tion upon approval or at the direction of . placed by the following: the supervisor, conservator or receiver; CANCELLATION or 5. On a new policy, not a renewal in the A. You may cancel this Coverage Part by mail- same company, we may cancel within ng or delivering to us advance written 60 days of the initial effective date of notice of cancellation. the policy by mailing written notice to B. We maycancelthisCoveragePart bymailing you and the "contractor" at least 10 or delivering to you and the "contractor" days prior to the effective date of can- written notice of cancellation at least 45 cellation. days before the effective date of cancella- We may complywith this provision by requir- tion, except: ing or permitting our agent to notify the 1. Upon your failure or the "contractor's" policyholder. However, the responsibility of failure to discharge his or her obligation giving notice to you and the "contractor" in the payment of premium for this Cov- remains with us if the agent fails to carry out erage Part or any installment thereof, the instructions to notify you and the "con- whether payable directly to us or our tractor". agents or indirectly under any premium C. We will mail or deliver our notice to the finance plan or extension of credit, we "contractor's" and your last mailing address may cancel the policy by mailing written known to us. notice to you at least 10 days prior to the Notice of cancel lationwillstatetheeffective D effective date of cancellation; . date of cancellation. The policy period will 2. Upon a substantial change in opera- end on that date. tions resulting in an increase in ex- posure within the control of the insured E. If this Coverage Part is cancelled, we will which would produce an increase in send the "contractor" any premium refund we may cancel this Coverage Part rate due. If we cancel, the refund will be pro , by mailing written notice to you and the rata. If you or the "contractor" cancels, the "contractor" at least 10 days prior to the refund may be less than pro rata. The can- effective date of cancellation; cellation will be effective even if we have not 3. Upon a determination by the State made or offered a refund. Board of Insurance that the continua- F. If notice is mailed, proof of mailing will be tion of the policy would violate or place sufficient proof of notice. us in violation of the Insurance Code, 2. The following is added to CONDITIONS (Section IV): we may cancel this Coverage Part by WHEN WE DO NOT RENEW mailing written notice to you and the "contractor" at least 10 days prior to the If we decide not to renew this Coverage Part, we will " effective date of cancellation; written mail or deliver to you and the "contractor noticeof the nonrenewal not less than 45 days before 4. Where a company has been placed in the expiration date, except where a company has supervision, conservatorship, or re- been placed in supervision, conservatorship, or re- ceivership, we maycancel this Coverage ceivership, we may decline renewal of this Coverage Part by mailing rt Part by mailing written notice to you at least 10 days ays east 10 at least contractor the "contractor" and before the expiration date upon approval or at the - date of cancella effective the prior direction of the supervisor, conservator or receiver. (over) AUTHENTIC Copyright, Insurance Services Office, I nc., 1986 1 We may comply with this provision by requiring or permitting our agent to notify the policyholder.. How- ever, the responsibility of giving notice to you and the .,contractor" remains with us if the agent fails to carry out the instructions to notify you and the "con- tractor". If notice is mailed, proof of mailing will be sufficient proof of notice. f CONDITIONS AIDTPICRAL IRMED: The City of Denton, its elected and appointed officials, offices at aVlayees. (This does not apply to 1krimr's Cag)eisatiai.) N017LE OF CAltIII?MtN: Prior to any material draw- or canrpllat;cn, time City of Denton will be given 30 days advance nsitten notice mrmiled to the stated add of the Ceri icate Holder, City of Denton. 1. CMMACRFAL, OCMUE: (Liability assmd by omtract or ageemmit, and would not ctbesdse exist). The cmtractmal liability regAremmt atnmrn on the ceva9e side of this Certificate of Instrm a inda Car ehe nsive Gmenal Liability, mist include a detfYnitim of c0ue'aFF tz emomgtn to provide coos- far dAiggt= maned by the contractor in the referenced contract. This Certificate of Iavaaoe is provided as [e4dred by the 9NCffdrg contract. 2. a-UM MM POLd FOFK- Negenired period of wWraW vdll be dete>mred by the follaurg fcmala: Cantinnmis eooe-4p for the life of the contract, PLmis one year (to ptwide onaae"Age fcr the wa<ranty period), and a extended dismve3y period for a minimm of 5 years ztdCh stall be0n at the end Of tte sarnanty period. 3. FIM IM U LSAMM: (RegAred in all contracts that involve the oeagancy, eoist irtim er alteration of City-aced or leased facilities). InszMM is to coiner buildings, contents (where applicable) and permanently installed egeApnast with respect to pmrpmty d=W to strvchaes or prrtios cf stnrchnres if such daa~ is cased by the peril of fire and dne to the operatics of the contractor. Limit of liability is to be a ®nimm of $500,000. CS-4 i, V■ r ■ . PURCHASING DEPARTMENT OATS: March 2l. 1988 BID NUMBER:. IP 9849 BID TITLE: PEMBROOKE ST 8" WATERMAIN Sealed Bid Proposals will be received until 2:00 p.m. APRIL 19, 1988 at the Office of the. Purchasing Agent 901-8 Texas Street, Denton, Texas 76201-4229. John 3. Marshall, C.R.M. Purchasing Agent_J (817) 566-8311 INS-F44MONS TO BIDDERS 1. Sealed. bid proposals must be rec" in dubllgat* br7Gt form, prior to opening date and time to be considered, mate proposals will--be re[umed,unopM C.'S\IA50-, 2. Bids shall be plainly marked aalttr. V;h' Ymumber. name of the bid, and bid opening date on the outside of completely sealed envelope. and mailed ~ lI `v'ered to the Purchasing Department. City of Denton. 901 •8 Texas St., Denton. TX 76201. 3. Any submitted- article: deviating. from- the specifications.. must, be identified and have full descriptive data,. accompanying same,. or itwill=not be:considered. a. All materials are to be quoted: FOB Denton; Texas, delivered to the floor of the warehouse, or as Otherwise indicated: 5. The City of Denton, Texas reserves the right to: accept separate items in a bid unless this right is denied by the bidder. 6. in case of default after bid acceptance;. the City of Denton. Texas. may at its option hold the accepted bidder or contractor liable for any and. all resultant, increased'costs as a, penalty for such default. '7. The,City of Denton reserves the. right to reject; any and all bids, to waive ail informalities. and require that submitted bids remain in force for a,sixty-(60) day- period after, opening, or until award. is made: whichever comes first. 8 The- quantities. shown maybe approximate and could vary according to the repwrements of the City of Denton throughout the: contract period. 9. The items are to bs'Prtded each net. (Packaging or shipping quantities will be considered.) 10.. The.purchasing, Department assumes responsibility. for the correctness and clarity of this bid. and all information andlor questions. pertaining. to this bid shall be.directed to the City of Denton Purchasing Agent. 11. Any attempt to negotiate or give information on the contents of this bid with the City of Denton or its representatives prior to award shall be gounds for dtsquatitications. 12. The conditions and terms of this bid will be considered when evaluating for award. 13. The City of Denton is exempt from ail sales and excise. taxes. (Article 20.04-8) B I D # 9849 PROPOSAL TO THE CITY OF DENTON, TEXAS FOR THE CONSTRUCTION OF PEMBROOKE.STREET' 8" WATERMAIN IN, DENTON,, TEXAS The undersigned, as. bidder-, declares that the only person or parties interested- in this proposal as principals are those named herein, that this proposal is made without collusion with any other person, firm or corporation;: that he has carefully examined the form of contract, Notice to Bidders, specifications and the plans: therein referred to, and. has carefully examined the locations, conditions, and. classes of materials of the proposed work and agrees that he will. provide all the necessary labor, machinery, tools, apparatus, and other items incidental to constnuction,: and. will. do all the work and furnish all the materials•*called: for in the. contract and specifications. in the manner prescribed herein. and according to the requirements of the City as therein set forth.. It is understood that. the following quantities of' work to be done at unit prices are approximate only, and are intended principally to serve as a guide in evaluating bids. It is agreed that the quantities. of work to be done at unit prices and material to be furnished may be increased or dimini'shed' as~ may be considered necessary, in the opinion of the City, to complete the work fully as planned and contemplated, and that all quantities of work whether increased or decreased are to, be performed at the unit prices set forth below except.as.provided for in,the specifications.. It is further agreed that lump sum prices may be increased to cover additional work ordered by the City, but not shown on the plans or required by the specifications, in accordance with the provisions to the General Conditions. Similarly, they may be decreased to cover deletion of work so ordered. It is understood. and agreed. that the work is to be completed in full. within the number. of work days shown on the bid tabulation sheet. P - 1 Accompanying this proposal is a certified or cashier's check or. Bid Bond, payable to the Owner, in the amount of five percent of the total bid. It is understood that the bid security accompanying this proposal shall. be returned to the bidder, unless in case of the acceptance of the proposal, the bidder shall fail to execute a contract and file a performance bond and a payment bond within fifteen days after its acceptance, in which case the bid security shall. become the property of the Owner, and shall be considered as a' payment for damages due to delay and other inconveniences suffered by the Owner on account of such failure of the bidder. Owner reserves the right to reject any and all bids. Owner. may investigate the prior performance of bidder on other contracts, either. public or private, in evaluating bid proposals.. Should. bidder alter,, change, or qualify any soecificati.on of the bid, Owner. may automatically disqualify bidder. The undersigned hereby proposes. and agrees to perform all work of whatever nature required, in strict accordance with the plans. and specifications, for the following sum or prices, to wit: P - 2 Pembrooke Street 8''Water Line BID TABULATION SHEET nVCt nTDTTnN nUANTTTV UNIT WORK DAYS 20 BID NO. - PO NO. UNIT PRICE TOTAL 1.21 Contractor's Warranties and Understandin s LS LS °3 2.12.20 8"'C-900 Class 150 PVC Watermain 2,316 LF /5" /LF f 7y~ < 2.12.8 Cast Iron Fittings 500 LB /LB 2.13A 6' Gate Valve 4 EA 7 Q "*'EA /3 > 4' 2.138 8" Gate Valve- 3` EA t /EA 5+~~~. 2.14 Fire Hydrant 3 EA ~JEA' 2.16 1' Water service 38 EA Z EA 3-8 Remove Curb & Gutter 16 LF /LF /Z5 ,3-C Remove Walks & Drives 3 SY /SY 5.7-B Asphalt Patch (Type D) 150 TON S ~~/TON f J5L%°~ 7`.4 Concrete Encasement 15 CY" Gt7~` /CY 8.1 Barricades, "Detours; and'. Warnin . Si ns. LS - .?Fr.'/?C1LS 8.2-A Concrete Curb & Gutter 16 LF 8.3 Concrete Drive 3 SY ~"-/SY SP-2 Sawcut Existing Concrete 28 LF 3 LF SP-10 Rock" Excavation 25 CY S ~~/CY > "f~"u SP-37 Excavation Protection 50 SF /SF SP-39 Project-Sign. 2. EA 4?, '/EA SP-40 Water" Line Abandonment 1 EA EA S~'z'•~ TOTAL lv%. iyS x~ P - 3 Bid# 9849 BID SUMMARY TOTAL BID PRICE IN WORDS S X~b 5c J~' / - ter' 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, 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 pr.ices as shown for each item listed in this proposal., shall control over-extensions. CONTRACTOR Seal (If a Street Address City-and State s Authorization . M,GY ~ % ?988 CITY Cr DEMTO,v PURCHA,SIMG DEPT. Corporation.), 5--Z,75'- lnV Telephone P - 4 DATE May 17, 1988 CITY COUNCIL REPORT TO Mayor and Members of the City Council FROM Lloyd V Harrell, City Manager SUBJECT BID# 9853 PEACH ST TANK PAINTING RECO14MENDATION We recommend this bid be awarded to the lowest bidder, Don L Owen Painting Contractor, Inc in the amount of $19,951 00 SUMMARY This bid is for the interior painting and some structural repairs to the Peach Street water storage tank The tank is over thirty years old This is part of the continuing maintenance program The exterior was painting last year The Public Utilities Advisory Board recommends approval BACKGROUND: Tabulation sheet PROGRAMS DEPARTMENTS OR GROUPS AFFECTED. City of Denton Municipal Utilities Water Production FISCAL IIWACT 1988 CIP Budgeted Funds Account # 620-081-0460-8366 Respectf lysubmitted v s/ W-// Lloyd Harrell City Manager repared by Name Tom D Shaw, C P M Title Assistant Purchasing Agent Approved / d e John J Marshall, C P M Title. Purchasing Agent 1 I Y 1 O I y I Cf 1 I n I 'O I ti l ~ 1 1 171 ml al i r i a i =i m -i a. I 1 I 1 a a l I H I I H I _ _ _ _ 1 1 I r I 1 I ~1 1 ml 1 1 I I I I I I 1 I r I 10 1 I I I ~ i i i i ~ . I i i i i 1 I I y 1 '[1 1 .C 'V 1 I I 'V I m 1 fD a i i i x i n i v± m 1 I I r'I xl i i i ~i ~i r 9 ~i S I ti 1 I I X11 ° m i s i i wi ~i m ~ _ ~ i i i m i ' . . i a y ~ ~ N p ,'-0 1 '.9 1 1 1 1' 1 > > m .~-0 1 1 1 m1 yl c a m i ~ i i m i ~ ~ + ' ~ .y a 1 0 1 C I 41 I 1 r v~ 1 1 z 1 1 1 I I I sl 1 ~ , i I I I 1 I ~ i i i i _ _ _ _ _ __I_ _ _ _ _ n 1 1 0 -o _ K i z i ~z 4 ~ ~ ~ i n s i C i vii z r ~ i o ~i I~ I i I i .O I 1 a 1 I f9 C N I C 1 O m O I ~ ti Z 1 fn N V W I p I a ® 1~ I O I Z T ITf I I m n~ I I a I 1 i z i s i i I 9 I I I m s a 0 x CONTRACT AGREEMENT STATE OF TEXAS COUNTY OF DENTON ) THIS AGREEMENT, made and entered into this 19 day of MAY _ A.D., 19 88, by and between THE CITY OF DENTON., TEXAS of the County of DENTON and State of Texas, acting through LLOYD V. HARRELL, CITY MANAGER thereunto duly authorized so to do, Party of the First Part, hereinafter termed the OWNER, and DON L OWEN dba DON L. OWEN PAINTING CONTRACTORS, INC. 316 W. SIMMONS SEAGOVILLE, TEXAS 75159 of the City of SEAGOVILLE County of DALLAS and state of TEXAS , Party of the Second Part, hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration- of the payments and agreements hereinafter mentioned, to be made and performed by the Party of the First part (OWNER), and under the conditions expressed in the bonds bearing even date herewith, the said Party of the Second Part (CONTRACTOR) hereby agrees with the said Party of the First Part (OWNER) to commence and complete the construction of certain improvements described as follows: BID# 9853 PEACH STREET ELEVATED STEEL STORAGE TANK PAINTING PURCHASE ORDER # 84630 $19,951.00 and all extra work in connection therewith, under the terms as stated in the General Conditions of the agreement; and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the said construction, in accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), Instructions to Bidders, and the Performance and Payment Bonds, all attached hereto, and in accordance with the plans, which includes all maps, plats, blueprints, and other drawings and printed or .AL - 6 0w CA-1 0044b ° - written explanatory matter thereof, and the Specifications therefore, as prepared by CITY OF DENTON UTILITY ENGINEERING STAFF , , all of which are made a part hereof and collectively evidence and constitute the entire contract. The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in written notice to commence work and complete all work within the time stated in the Proposal, subject to such extensions of time as are provided by the General and Special Conditions. The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the Contract. IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. A EST: t J NNIFE WALTERS .CITNY_'SECRETARY a A 4 ATTES 'o4 - ~k APPROV AS TO FORM: C ty Attorney CA-2 (SEAL) DON L. OWEN PAINTING CONTRACTORS Party of the Second Part, CONTRACTOR By Title UUN L. tN, PRESIDEN'I- ~T (SEAL) •r~•~~ •'0044b LLOYD V. HARRELL, CITY MANAGER BOND ISSUED IN FIVE ORIGINALS PERFORDIANCE BOND STATE OF TEXAS . COUNTY OF COLLIN BOND PREMIUM BASED ON FINAL CONTRACT PRICE BOND #816876-88 KNOW ALL MEN BY THESE PRESENTS: That DON L. OWEN PAINTING CONTRACTORS, INC. of the City of SEAGOVILLE County of DALLAS and State of TEXAS as PRINCIPAL, and INTERNATIONAL FIDELITY INSURANCE COMPANY as SURETY, authorized under the laws of the State of Texas to act as" surety on bonds for principals, are held and firmly bound unto the CITY OF DENTON, TEXAS as OWNER, in the penal sum of NINETEEN THOUSAND NINE HUNDRED FIFTY-ONE DOLLARS Dollars 19,951.00 ) for the payment whereof, the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the OWNER, dated the 18 day of MAY , 19 88 , for the construction of BID CONTRACT # 9853 PEACH STREET ELEVATED STEEL STORAGE TANK PAINTING PURCHASE ORDER# 84630 which contract is hereby referred to and made a dpart hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, the condition of this obligation is such, that if the said principal shall faithfully perform said Contract and shall in all respects, conditions and agreements in and by said contract agreed and covenanted by the Principal to be observed and performed, and according to the true intent and meaning of said Contract and the Plans and Specifications hereto annexed, then this obligation shall be void: otherwise to remain in full force and effect; PB-1 PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended by acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in DEN TO N County, State of Texas. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 3rd day of JUNE , 1988 . DON L. OWEN PAINTING CONTRACTORS, INC Principal B y ~o..iT~-~c1T Title FI-,n~..+k/9T-,,P-A7'o2 Address 316 W. SIMONDS ROAD SEAGOVILLE, TEXAS 75159 `rte INTERNATIONAL FIDELITY INSURANCE COMPANY Surety J Title ATTORNEY-IN-FACT. Address 101 E. PARK BLVD., STE 1 PLANO, TEXAS 75074 (SEAL) and address of the Resident Agent of Surety is: V.R. DAMIANO, JR., 101 E.PARk BLVD., STE. 1021, PLANO, TEXAS 75074 e NOTE: Date of Bond must not be prior to date of Contract. PB-2 0091b BOND ISSUED IN FIVE ORIGINALS PAYIIENT BOND STATE OF TEXAS COUNTY OF COLLIN BOND PREMIUM BASED ON FINAL CONTRACT PRICE BOND #816876-88 KNOW ALL MEN BY THESE PRESENTS: That DON L. OWEN PAINTING CONTRACTORS, INC. of the City of SEAGOVILLE , County of DALLAS and State of TEXAS as principal, and INTERNATIONAL FIDELITY INSURANCE COMPANY authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly hound unto THE CITY OF DENTON, TEXAS , OWNER, in the penal sum of NINETEEN THOUSAND NINE HUNDRED FIFTY-ONE DOLLARS Dollars 19,951.00 ) for the payment whereof, the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, by thes presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the 19 day of MAY 19 88 BID# 9853 PEACH STREET ELEVATED STORAGE TANK PAINTING PURCHASE ORDER # 84630 to which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosection of the work provided for in said contract, then this obligation shall be void, otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the revised Civil Statutes of Texas as amended by the acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. PB-3 Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications or drawings accompanying the same, shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITHNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 3rd day of JUNE , 19 88 DON L. OWEN PAINTING CONTRACTORS, INC By Tit INTERNATIONAL FIDELITY INSURANCE COMPANY Surety ~ CCl-~,C~ (LV C LI'k U4 (l CHERYL L. UMPHREY t Gl J Title ATTORNEY- IN-FACT Address 316 Id. SIMONDS ROAD Address 101 E SEAGOVILLE, TEXAS 75159 PLANO, TEXAS R-` x3 T? c r. ~1 'c-11 (SEAL.), v, ,rr The name and address of the Resident Agent of Surety is: (SEAL) V.R. DAMIANO, JR., 101 E. PARK BLVD., STE. 1021, PLANO, TEXAS 75074 PB-4 PARK BLVD., STE 1021 75074 0092b Principal BOND ISSUED IN FIVE ORIGINALS MAINTENANCE BOND STATE OF TEXAS COUNTY OF COLLIN BOND #816876-88 KNOW ALL MEN BY-THESE PRESENTS: THAT DON L. OWEN PAINTING CONTRACTORS, INC. as Principal, and INTERNATIONAL FIDELITY INSURANCE COMPANY a Corporation authorized to do business in the State of Texas, as Surety, do hereby acknowledge themselves to be held and bound to pay unto the City of Denton, A Municipal Corporation of the State of Texas, its successors and assigns, at Denton, Denton County, Texas the sum of ONE THOUSAND NINE HUNDRED NINETY-FIVE DOLLARS Dollars 1,995.00 , 1 77< of the total amount of the contract for the payment of which sum said principal and surety do hereby bind themselves, their successors and asssigns, jointly and severally. This obligation is conditioned, however, that: WHEREAS, said DON L. 014EN PAINTING CONTRACTORS, INC. has this day entered into a written contract with the said City of Denton to build and construct BID# 9853 PEACH STREET ELEVATED STEEL STORAGE TANK PAINTING PURCHASE ORDER # 84630 w u cii cuuLracc ana cne plans ana specifications tnerein mentioned, adopted by the City of Denton, are filed with the City Secretary of said City and are hereby expressly incorporatd herein by reference and made a part hereof as though the same were written and set out in full herein, and: WHEREAS, under the said plans, specifications, and contract, it is provided that the Contractor will maintain and keep in good repair the work therein contracted to be done and performed for a period of one (1) year from the date of acceptance thereof and do all necessary backfilling that may become necessary in connection therewith and do all necessary work toward the repair of any defective condition growing out of or arising from the improper construction of the improvements contemplated by said contractor on constructing the same or on account of improper excavation or backfilling, it being understood that the purpose of this section is to cover all defective conditions arising by reason of defective materials, work, or labor performed by said Contractor, and in case the said Contractor shall fail to repair, reconstruct or maintain said improvements it is agreed that the City may do said work in accordance with said contract and supply such materials and charge the same against the said Contractor and its surety on this obligation, and said Contractor and surety shall be subject to the damages in said contract for each day's failure on the part of said Contractor to comply with the terms and provisions of said contract and this bond. MB-1 0093b NOW, THEREFORE, if the said Contractor shall perform its agreement to maintain said construction and keep same in repair for the maintenance period of one (1) year, as herein and said contract provided, then these presents shall be null and void and have no further effect; otherwise, to remain in full force and effect. It is further agreed that this obligation shall be a continuing one against the Principal and Surety and that successive recoveries may be. had hereon for successive breaches of the conditions herein provided until the full amount of this bond shall have been exhausted, and it is further understood that the obligation to maintain said work shall continue throughout said maintenance period, and the same shall not be changed, diminished, or in any manner affected from any cause during said time. as surety, has caused these presents to be executed by its Attorney-in-Fact CHERYL L. HUMPHREY and the said Attorney-in-Fact has hereunto set his hand this 3rd day of JUNE , 1988 . IN WITNESS WHEREOF the said DON L. OIJEN PAINTING CONTRACTORS, as Contractor and Principal, has caused these presents to be executed by INTERNATIONAL FIDELITY INSURANCE COMPANY and the said INTERNATIONAL FIDELITY INSURANCE COMPANY SURETY: PRINCIPAL: DON L. OWEN PAINTING CONTRACTORS, INC. i2o.+y .k yr-' ¢p.v MB-2 0093b )E~ATTORNEI' z ~LITY `INSURANCEACOMPAP _ThisPower ot;Anorney is ^ec'uted and riiay be certfie`d..to and maybe revokcd. pursuant to and; by authoriiy of-Arttcle 2 Section 3 of ifie By Lawrad'opled~ -k ~bytthe_ Board ofDirectors•gFINTERNATIONAL:FIDELITY INSURANCE COMPANY at a meeting called and; held on'the 23rd day oClJecember ,1968 t T4eTPresidem or`ayyy Vtce President Executive Vase President Secretary.or Assistant SecreMaryshall have power-and authority-;tl (q To appoint'Anomeys m-fact and to authorize themao oxecuteon behalf of the'Company and attach the SeaLof the Company.theretoC bonds and undeiakmgs contracR of mdemmty and other writings abbgatory-in the nature-tthereof and-=' - _ de je-(2~ )-T6remove at any time- any such A[lomey m facband revoke the authority given c. - .Further this Fo`wer of Attiirncy is signed'and sealed 'by facsimile pursuant to resolution of the Board of Directors of .aid Comps y adopted at a'meeting--duly. calied3 dndiheld on the 4th day of February 1975`i,,which the following is aaiurexierpr Now therefore he ugnaturesdf wch offimrs and the ual of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile and"any such power of attorney?or, cemficatebeanng such'facsimde signatures or facsimile teal shall.be valid and`bindmg upon Co mpany,ard any such:power _ soexecuted aidcerufed by facsimile signatures and facsimile seal chall.be:vahd and binding upon the Com PanYi mihe futurewnhrespect to anyawndor undertakmgz t .w-rich a tc-attached ti ti~^~ - IN TESTIMONY WHEREOF INTERNATIONACFIDELITY INSURANCE COMPANY has caused this instrument to be signed L c 'r_ and ns corporate-'s I ato beafTixed Y .W authorized officer this Ist -day of May_ A D 1986 !INTERNATIONAL FIDELITY INSURANCE COMPANY s I904~ -STATE OF NEW JERSEY" -l+i -ate ti=?!'; 4'f ~ 4a .s O Cuunry of Essex _ t 77 On this 1st day;of May 1986 .before me came the individual who ex'ecut'ed the preceding instmment_ (o me pe sonally known and being byJm duly sworn, said thaghe is the thereindescribed. and authonzed offtar of the INTERNATIONAL FIDELITY-INSURANCE COMPANY th`ai _Ihe seal affixed to sand instrument K he CorporateySed of said'Com n_)y,Yrhat?the said Corporate Seal.ard-his signature,were duly affixed by older of the Board o[Directors of said Company. - '.s,-~,~IyW1IlMy,- Z IN TESTIMONY WHEREOF.;:[ have hereunto set mi -hand andaffixed my Official Seal at,the Cny of,Newark New Jersey the day and year first above wr'i}iten PV B LAC Y z ti yt -A NOTARY' PUBLIC OF-NEW 7ERSFYo } 3 T t f My Commissmn Expires April e ~ry ,RSss-' - $ CERTIFICATION 'YMliliuilw•Y _ _ _ undersigned officer of INTERNATIONAL FIDELITY INSURANCE COM ANY do hereby certify that have compared the foregoing. copy d she. Power k of Attomey and'affidavit and the copy of 1, 1 n ,of the; By-Law s of said Company as set forth m_nid_Power of Attoiry, with thc'ORIGINALS.ON'FICE IM1 THE=HOME OFFICE OF SAID,COMPANY,,and that the same are co!%Et transcripts tbereci and pf the whole of the said originals and that the said Power of Atiomey has nm;been revoked'.and is now in -full force and effect v _ 2 r IN`TESTIMONY WHEREOF'-I have unto set my Band this3rC day of Jun21 )q 88 _ - 'r - c here r p ~rt-''c~-~ _ ~,.-fi ._»~-_'i.1~'.r-~;c'T~.'.~Lrrsar ~._`§a Rya:~.s.~~~ - _'.s,.~.i _ .~Y ~ ,'.&~`.~"•_~~rE CITY OF DENTON MINIMUM INSURANCE REQUIREMENTS INSURANCE: Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted work and/or material has been completed/delivered and accepted by the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter. Satisfactory certificate(s) of insurance shall be filed with the Purchasing Department prior to starting any construction work or activities to deliver material on this Contract. The certificate(s) shall state that thirty (30) days advance written notice will be given to the Owner before any policy covered thereby is changed or cancelled. The. bid number and title of the project should be indicated, and the City of Denton should also be listed on all policies as an additional named insured. To avoid any undue delays, it is worth reiterating that: o Thirty (30) days advance written notice of material change or cancellation shall be given; o The City of Denton shall be an additional named insured on all policies. I. Workmen's Compensation and Employer's Liability. This insurance shall protect the Contractor against all claims under applicable state workmen's compensation laws. The Contractor shall also be protected against claims for injury, disease, or death of employees which, for any reason, may not fall within the provisions of a workmen's compensation law. The liability limits shall not be less than: o Workmen's Compensation - Statutory o Employer's Liability - Statutory Ii. Comprehensive Automobile Liability. This insurance shall be written in comprehensive form and shall protect the Contractor against all claims for injuries to members of the public and damage to property of others arising from the use of motor vehicles licensed for highway use, whether they are owned, nonowned, or hired. The liability limits shall not be less than: o A combined single limit of $1,000,000 III. Comprehensive General Liability. This insurance shall be written in comprehensive form and shall protect the Contractor against all claims arising from injuries to members of the public or damage to property of others arising out of any act or omission of the Contractor or his agents, employees or subcontractors. CI-1 Insurance Requirements page two To the extent that the Contractor's work, or work under his direction, may require blasting, explosive conditions, or underground operations, the comprehensive general liability coverage shall contain no exclusion relative to blasting, explosion, collapse of buildings, or damage to underground property. The liability limits shall not be less than: o A combined single limit of $1,000,000 IV. Owner's Protective Liability Insurance Policy. - This insurance shall provide coverage for the Owner and its employees, in the name of the City of Denton, for liability that may be imposed arising out of the work being performed by the Contractor. This also includes liability arising out of the omissions or supervisory acts of the Owner. Although this insurance is strictly for the benefit of the Owner, the Contractor is responsible for obtaining it at his expense. The liability limits shall not be less than: o A combined single limit of $1,000,000 INSURANCE SUMMARY: The Contract shall provide insurance to cover operating hazards during the period of placing the facility in operation and during testing, and until such time as the facilities are completed and accepted for operation by the Owner and written notice of that fact has been issued by the Owner. Approval of the insurance by the Owner shall not in any way relieve or decrease the liability of the Contractor hereunder. It is expressly understood that the Owner does not in any way represent that the specified limits of liability or coverage or policy forms are sufficient or adequate to protect the interest or liabilities. of the Contactor. Again, the owner shall be given a certificate of insurance indicating that all of the above policies and the appropriate limits are indeed enforced. The certificate shall also indicate that the Owner will be given at least thirty (30) days written notice of cancellation, non-renewal, or material change of the required insurance coverage. All responsibility for payment of any sums resulting from any deductible provisions, corridor or self-insured retention conditions of the policy or policies shall remain with the Contractor. The Contractor shall not beqin any work until the Owner has reviewed and approved the insurance certificates and so notified the contractor directly in writing. Any notice to proceed that is issued shall be subject to such approval by the Owner. CI-2 01/13/87 ~ - ISSUE DATE (MM/DDNY) y `L►~ 6-24-88 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE HE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, NOEL, GREAVES & STROTHER EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 4211 Cedar Springs.Rd. COMPANIES AFFORDING COVERAGE Dallas,.TX 75219 COMPANY A LETTER 1 . IVED 6E RE COMPANY B LETTER INSURED Riley Leasing Inc COMPANY C , . LETTER P O . . Box 148 Seagoville, TX 75159 LETTER Y D Lumbermens Mutual Casualty Co. • COMPANY E LETTER • THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW H AVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, TERM OR CONDITION OF AN NOTWITHSTANDING ANY REQUIREMENT Y CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY , BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE P OLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDI- TIONS OF SUCH POLICIES. CO LTR TYPE OF INSURANCE j POLICY NUMBER DATE (M FMNDTIVY) D iEY(MMVDOTIYIO) ALL LIMITS IN THOUSANDS GEN ERAL LIABILITY GENERAL AGGREGATE $ COMMERCIAL GENERAL LIABILITY PRODUCTS COMPIOPS AGGREGATE $ CLAIMS MADE ❑OCCURRENCE PERSONAL & ADVERTISING INJURY. $ OWNER'S & CONTRACTORS PROTECTIVE EACH OCCURRENCE $ • FIRE DAMAGE (ANY ONE FIRE) $ MEDICAL EXPENSE (ANY ONE PERSON) $ AU TOMOBILE LIABILITY ` ANY AUTO - GSL $ 'I ALL OWNED AUTOS - " aoDlLr RP SCHEDULED AUTOS ERSON) IPEA $ HIRED AUTOS IBN IILY NONOWNED AUTOS % I,ceRiOENn $i GARAGE LIABILITY PROPERTY : DAMAGE $ F, EXCESS LIABILITY EACN AGGREGATE OCCURRENCE $ $ OTHER THAN UMBRELLA FORM L., STATUTORYCA'i J D WORKERS' COMPENSATION I..I 3CL92542100 - 2/4/88 2/4/89 EACH ACCIDENT) $ 500 1 AND- $ 500 (DISEASE POLICY LIMIT) EMPLOYERS' LIABILITY $ 500 . - (DISEASE EACH .EMPLOYEE) OTHER DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES/RESTRICTIONS/SPECIAL ITEMS TEXAS. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX- of f Denton City - PIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO 901-B Texas St. MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE Denton, TX 76201-4229 LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. SHOULD nTInM VATF TmvmrnF i`I-D in; 2 7 19x8 ISSUE DATE OF THIS CERTIFICATE June 27, 1988 ANY Ur Int rvmurcS BE CANCELL u~. THE ISSUING COMPANY WILL MAIL._.'10 DAYS WRITTEN NOTICE TO THE CER- ISSUED AT TIFICATE HOLDER NAMED: DallaS, Texas tQ TEXAS EMPLOYERS' INSURANCE ASSN. • DALLAS, TX City of Denton DO TEXAS EMPLOYERS INDEMNITY CO.•DALLAS, TX 901-B Texas St. Denton, Texas 76201-4229 ZO EMPLOYERS CASUALTY COMPANY - DALLAS, TX EMPLOYERS NATIONAL INSURANCE CO. • DALLAS, TX 7O EMPLOYERS CASUALTY CORPORATION • DALLAS, TX ® EMPLOYERS NATIONAL INS. CORP. • DALLAS, TX INSURED - E❑ EMPLOYERS OF TEXAS LLOYD'S - DALLAS, TX Don L. Owen Painting Contractors, Inc. O Box 457 P . . Seagoville, Texas 75159 Awhwiaeda ,euntotim E! (Signed) ^I ~'v V•\ V>I`~ ITYPed) William E. Arrington, Dist. t ls. Mgr. THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY REMENT , NOTWITHSTANDING ANY REQUI D BY THE POLI CIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS, AND CONDI. BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDE TIONS OF SUCH POLICIES. TYPE OF INSURANCE CO* POLICY NUMBER POLICY EFFECTIVE PATE IMMIDDIYY) POLICY EXPIRATION DATE IMWDD/YY) ALL LIMITS IN THOUSANDS STATUTORYg:y WORKERS' COMPENSATION - $ (EACH ACDOENTI AND - I $ IDISEA$FPOLICY LIMP , EMPLOYERS' LIABILITY i s (DISEASE EACH EMPLOYER d NERAL LIABILITY GENERAL AGGREGATE $ GE COMMERCIAL GENERAL LABILITY PRODUCTSLOMPIOPS AGGREGATE $ 2.000 X CLAIMS MADE ©OcC RRENCE E TCP-E419153 3-5-88 3-5-89 PERSONAL A ADVERTISING' INJURY $ OWNER'S B CONTRACTORS PROTECTIVE - _ EACH OCCURRENCE $ 1 - FIRE DAMAGE (ANY ONE RRE) $ MEDICAL EXPENSE IAN, ONE PERSON) $ AU TOMOBILE LIABILITY ar e $ - 00 ANY AUTO 1,0 ALL OWNED AUTOS 2 BAA-605491 3-5-88 3-5-89 °N00ULmY R SCHEDULED AUTOS - (PER PERSON) $ HIRED AUTOS RV ~I a( ' NON-OWNED AUTOS (PER 1 $ GARAGE LIABILITY - - - - owAa~ ` $ FACH .aDElEwn EXCESS LIABILITY X Umbrella Liabilit g - UL-654117 3-5-88 3-5-89 °a"RM1Q $ 1,000 $ 1,000 OTHER THAN UMBRELLA FORM OTHER j i Re: Peach St. Elevated Tank Show certificate holder as additional insured. Will be provided with 30 days notice: of cancellation. m TECO 17993-A (9-87) CERTIFICATE OF INSURANCE CITY OF DENTON Nero and Address of Agency City of Denton Reference: Project Name: Project No: Phase Project Location: Hanging Dept- Name and Address of Insured: Companies Affording Coveragat A B Phone C This is to certify that policies of insurance Iistad below have been issued and are in force at this time. Col"Pan Expiration Limits of Liability Lettery Type of Insurance Policy, Number Date In Thousands 000 0=0 el Siva Gameal Liability - Occurrence Occurrence - Claims Made (see f2-reverse) Bodily Injury $ Broad Foam- to Include- - Premises/Operations I d Property Damage $ - n ependent Contractors - Products/Completed Operations - Personal Injury - Contractual Liability (see /I-reverse) E l i Bodily Injury and Property Damage Conbinod $ - xp os on and Collapse Hazard - Underground Hazard - Liquor Liability Coverage #3~verss) i oa F m l ad w ro - ad or " 0a~ rop B P - Professional Errors/Omissions - occurrence - claims made (sae !2-reverse) LCoabilreh-aIve Auf mobIto Bodily Injury/Person Bodily Injury/Accident t $ - OWned/Leased Automobiles - Non-owned Automobiles Property Damage $ - Hired Automobiles Bodily Injury/Property Oanege Combined $ - Yorkers' Compensation and Employers' Liability Statutory Amount Y eac ecc n Other Insurance Description of Operations/Locations/Vehicles. appear as defined on the reverse side. The City of Denton is an additional insured as its interest may Nara and address of Certificate Holder. = OF MM, T MS POf;< MSING AGM 901-B T= Sr 0ENTM, T% 76201 i _0%g SEEAMECh?CIMEMIX16 CN>AM CI-4 AMID. CI-3 CONDITIONS ADDITIONAL EMU: The City of Denton, its elected and appointed officials, offices and emplayees. (This does rot apply to Horier's C®pensation. ) lx]IILE OF C&CRIMIIN: Pr1w to any matwial dwW or rarellatian, the City CC Denton will be giver 3o drys advance written notice mailed to the stated address of the Certificate Hoiden, City of Denton. 1. cmnmL111RAL, cmmiA(£: (Liability assmed by contaact or fit, and Would not otherwise exist). The arnhac Lml. liability reg ett shmin m the MMM side of ties Certificate of Irsaaiee uda C pmherive Cienaal Liability, mist include a defimt3m cf coverage broad an gh to provide cove- for ehliFPti ors assured by the contractor in the referenced amtiact. This Certificate cf Tnmn-e is provided as reguized by the ga+errirg contract. 2. CiAM MILE PO[M EIIAL Ha dred period of aove-4P will be detmnned by the follating family Cmtinnm ewe4ge for the life cC the contract, p1m one year (to provide covenag-. for the period), ad a extended disomPaT period for a minimm of 5 yes wddch SW I begin at the end of the 14ffya ty period. 3. FM LF7(i1L t IaMM: (Pagmed in all omtrdc.-ts that involve the ooaAPaxy, ammUucticn or alteration cr City-awed or leased facilitiess). Insnane is installed to awPr tiildirgs, contents (where applicable) and perm errUy eguiMEnt with respect to property dates to stnnctiups or partial of strvchaes if such d is rased by the peril of fire and die to the opeatimy of tYe cmtlactar. Lit of liability is to be a mm mm of M,000. CI-4 C:TY OF DEN TON PURCHASING DEPARTMENT DATE: March 24, 1988 BID NUMBER: # 9853 BID TITLE: Peach St Elevated Steel Storage Tank Painting Sealed Bid Proposals will be received until 2:00 p.m. APRIL 14, 1988 it the Office of the Purchasing Agent 901-B Texas Street, Denton, Texas 76201-4229. John J. Marshall, C.P.M. 3urchasing Agent 817) 566-8311 INSTRUCTIONS TO BIDDERS 1. Sealed bid proposals must be received in duplicate. on this form, prior to opening date and time to be considered. Late proposals will be returned unopened. 2. Bids shall be plainly marked as to the bid number. name of the bid. and bid opening date on the outside of completely sealed envelope. and mailed or delivered to the Purchasing Department. City of Denton. 901 •8 Texas St.. Denton, TX 76201 1 Any submitted article deviating from the specifications must be identified and have full descriptive data accompanying same, or it will not be considered.- _ a. All materials are to be quoted FOB Denton, Texas, delivered to the floor of the warehouse. or as otherwise indicated. 5. The City of Denton, Texas reserves the right to accept separate items in a bid unless this right is denied by the bidder. 5. In case of default after bid acceptance, the City of Denton. Texas may at its option hold the accepted bidder or contractor liable for arty and allresultant increased costs as a penalty for such default. 7. The City of Denton reserves the right to reject any and all bids, to waive all informalities and require that submitted bids remain in force for a sixty (801 day period after opening or until award is made: whichever comes first. 3. The quantities shown maybe approximate and could vary according to the requirements of the City of Denton throughout the contract period. 3. The items are to be priced each net. (Packaging or shipping quantities will be considered.) 3. The Purchasing Department assumes responsibility for the correctness and clarity of this bid, and all information and/or questions pertaining to this bid shall be directed to the City of Denton Purchasing Agent. 1. Any attempt to negotiate or give information on the contents of this bid with the City of Denton or its representatives prior to award shall be gounds for disqualifications. L The conditions and terms of this bid will be considered when evaluating for award. 3. The City of Denton is exempt from all sales and excise taxes. (Article 20.048) Bid# 9853 BID PROPOSAL PROPOSAL OF f1 ai l~ /Z N Texas 19; )':1' A Corporation organized and existing under the laws of the State of/,I a partnership consisting of the business name of an individual. TO: City of Denton, Texas PROPOSAL FOR: PEACH STREET ELEVATED STEEL STORAGE TANK PAINTING Bid Number: 9853 The undersigned Bidder, pursuant to the foregoing Invitation for Bids, has carefully examined the Instructions to Bidders, this Proposal, the Supplemental Conditions, the form of Contract Agreement and Bonds, the General Conditions for the Agreement, the Specifications, the Plans, and also the site of the work, and will provide all necessary labor, superintendence, machinery, equipment, tools, materials, services and other facilities to complete fully all the work as provided in the Contract Documents; and binds himself upon formal acceptance of his Proposal to execute a contract and bonds, according to the prescribed forms, for the following prices to-with: Item Quantity . Description Unit Extended No. Price Amount 1 L.S. Furnish and install paintings to the interior surface including all cleaning, and surface preparation as specified herein, complete in place for the lump sum amount of j 11V dollars ry cents Total Item 1 $ j .G lSS021688036 Bid# 9853 Item Quantity No.' Description Unit Extended Price Amount 13 2 100HR Additive Item'(SEE SPECIAL PROVISIONS) For materials, tools, equipments, supervision, labor and incidentals required to complete the work as needed and as directed by the OWNER for repair and/or replacement of structural steel, ladders and appurtenances within the interior of the tank, the sum of - S~x7 I F1,9HT dollars $J /HR per hour Total Item 1 and 2 $ Within fifteen (1S) days after formal acceptance of this Proposal by a , Notice of Award of contract, the undersigned will execute the Contract Agreement and will furnish approved surety bonds and such other bonds as required by the Contract Documents for the faithful performance of the Contract. In the event the Contract Agreement and bonds are not executed within the time above set forth, the attached bid security in the amount of is to become the property of the Owner as liquidated damages for the delay and additional work caused thereby. The undersigned agrees to substantially complete all work covered by these Contract Documents withing 60 consecutive calendar days from the day of written Notice to Proceed. ISS021688036 Bid# 9853 Receipt is acknowledged-of the following addenda: Addendum No. 1 f)CKNOjdZec1G.ED /L/41 S Addendum No. 2 Addendum No. 3 Addendum No. 4 Addendum No. 5 Attested By: Secretary (SEAL) If Bidder is a Corporation Respectfully Submitted, By/i N L• D1t16N - DGNT (Print Name an itle buy L hy;w P&R71'NG x514 & 5 2)elydS Address Telephone NOTE: Do not detach bid forms from other papers. Fill in with ink and submit complete with attached papers.. MAY VI ?988 lSS021688036 CITY O~ DENTON PURCHASING DEPT. i i I 1 t i ~ I i ~ ~ r i l i I i II ~ ~ 3 F I i I ~ I , t I ~ ' I I i I { A f I 1 i