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1987-048 0923L NO 37 -fYl21 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLI C WORKS OR IMPROVEMENTS, PROVID ING FOR THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the C1ty has Sollc1ted, rece1ved and tabulated compet1t1ve b1ds for the construct1on of publ1C works or 1mprovements in accordance w1th the procedures of state law and C1ty ord1nances, and WHEREAS, the C1ty Manager or a des1gnated employee has rece1ved and recommended that the here1n descr1bed b1ds are the lowest respons1ble b1ds for the construct1on of the publ1C works or 1mprovements described 1n the b1d 1nV1 tatIon, b1d proposals and plans and spec1f1cat1ons therefore, NOW, THEREFORE, fHE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the follow1ng compet1t1ve b1ds for the construct1on of publ1c works or 1mprovements, as described 1n the "B1d Invlta- t1ons", "B1d Proposals" or plans and spec1f1cat1ons attached hereto are hereby accepted and approved as be1ng the lowest respons1ble b1ds BID NUMBER 9712 9720 9721 CONTRACTOR AMOUNT $154,43S20 $ 38,704 SO $ 79,719 00 Hasty Fowler Construct1on Hasty Fowler Construct1on Albenes1us Contract1ng SECTION I I That the acceptance and approval of the above competlt1ve b1ds shall not const 1 tute a contract between the C1 ty and the person subm1tt1ng the b1d for construct1on of such publ1C works or 1mprovement s here1n accepted and approved, unt 11 such person shall comply w1th all requirements speClfled 1n the Notice to B1dders 1nclud1ng the t1mely execut1on of a wr1tten contract and furn1sh1ng of performance and payment bonds, after not1flcat1on of the award of the b1d SECTION III That the City Manager is hereby authorized to execute all necessary wr1tten contracts for the performance of the construct1on of the publ1C works or 1mprovements 1n accordance W1 th the b1ds accepted and approved here1n, prov1ded that such contracts are made 1n accordance w1th the Not1ce to B1dders and B1d Proposals, and documents relat1ng thereto spec1fY1ng the terms, cond1t1ons, plans and spec1f1cat1ons, standards, quant1t1es and spec1f1ed sums conta1ned there1n SECTION IV That upon accept ance and approval of the above competl t lYe b1ds and the execut1on of contracts for the publ1C works and 1mprovements as author1zed here1n, the C1ty Counc1l hereby authorIZes the expend1 ture of funds 1n the manner and 1n the amount as spec1f1ed 1n such approved b1ds and author1zed contracts executed pursuant thereto SECTION V That th1S ord1nance shall become effect1ve 1mmed1ately upon 1tS passage and approval PASSED AND APPROVED th1S the 17th day of March, 1987 ATTEST APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY {)¡ Jru»> iluv/~ PAGE TWO DATE !.arch 17, 1987 CITY COUnCIL REPORT TO Mayor and Members of the City Council FROM SUBJECT Lloyd V Harrell, City Manager Bid /I 9712 Eagle Drive Sanitary Sewer RECOItlEnDATlOn We recommend this bid be awarded to the lowest bidder Hasty Fowler Construction in the amount of $154,435 20 SUMMARY This bid is for the installation of an 18" sewer line from Cleveland St to !mple at Elm along Eagle Drive This a 1986 C I P projects and the bid award has been recommended by the Public Utility Advisory Board BACKGROUnD Tabulation Sheet PROGRAI1S. DEPARTMENTS OR GROUPS AFFECTED Water and sewer utility FISCAL Ir~ACT This project will be funded from 1986 Utility C I P funds Sewer Bond Account #624-080-0471-9138 Respectfully submitted Lloyd V Harrell C1 ty ~lanage,. ~ - t~ Name Tom Shaw,C PM Title Asst Purchasing Agent Approved ~~ ame John Marshall Title Purchasing Agent ëJ :;: r- '" :;, '" ~ ~ ¡;:¡ ~ ¡:¡ t;¡¡ ;:; ¡;¡ :: -"'- - S 2: Ii --- ---- - I , I , i ~ ¡ "'" I "'" i '" ¡ I : I , I I : - : : '}1 : "=" : !i! !: i ----------- -:-, : ..: ¡ : ~ : ! §j ¡ I I : : : ;¡¡ : : 13 : ! ~ ! '" ... ~, .... ... g¡ .., '" '" t; '" ¡¡¡ ;., tj :I: -------- -- ;r, ~ ~ "" " ri " -< ~ <.n :! :: ... ... :: :: :0; -... :: ... ... ... :¡ :: , , I , I "" , -< I - "' ,. '" , "' !¡; '" '- Z ;;.1 ... ; '" "' S "' ~, , -, " -, '" r- .J r:.; a, '" ., ¡¡¡ , ¡~ "" !~ , , i~ i~ I I I I C :~ ::g ¡~ I I , , ¡ rii ¡ "" , : :g : : '" : ¡ ¡ 11! ,,' '" <.n ~ f g¡ .... ~ ~, -. ... g¡ .ï¡¡ '" t; '" ... "" ~ d ... '" ,."""'" g '<1 ;; ;; "'7 ,.:~-<- .. ¡;: ...,", - " ~, ~~~ ..., ", =~ ;:;~ ", "' . '" '" ..., "" '" ... "' !:;r- ¡¡;¡¡ ..... ..... ~ i; ;; "C Z'" '" '" n c= ,.. ", ~~~ '" '" "" z¡¡:!Jr- ..., "' "' -< '" n;g~ ~i~ "' '" rge;=: n -< '" "'.... "- ~ ~¡¡¡1!i - ..., -- - '¡f= ~i1ñ ï'í~';¡j i~ ;Y c= ", ... "'... "',- 'ž~'" '" ----- DATE March 17,1957 CITY COUNCIL REPORT TO Mayor and Members of the City Council FROM SUBJECT Lloyd V Harrell, City Manager Bid #9720 Savannah 8" waterline RECOlt1EnDATION We recommend this bid be awarded to the lowest bidder Hasty Fowler Construction in the amount of $38,704 50 SUMMARY This bid is for the installation of an 5" water line along Savannah Trail from Long Ridge to Fairfax It will replace 1700 feet of old deteriorated 6" line This project is in the 1987 C I P "waterline replacements" The Public Utility Advisory Board recommends approval of the bid BACKGROunD: Tabulation sheet PROGRAI1S. DEPARTMENTS OR GROUPS AFFECTED water and sewer utility FISCAL II1PACT This project will be funded from 1987 CIP funds Account #620-008-0461-9114 Respectfully submitted Lloyd V Harrell C1 ty ~1anager Prepared by ~ ~~~- Name Torn Shaw Title Asst Purchasing Agent Approved ~ff am 0 Marshall Title Purchasing Agent I I , I i ~ I . '" , . '" I = : : -- - J : I I , I ~ I ~ ! ... "" I - - -- - ~__L.J. I I : : ¡ ~ : ~ : 2J : ~_J"'J. " n " 'i! i ~ i ~¡ ~ :~: ~¡;¡ ¡--¡---~--- : : m ¡ : ~ : i ~ ¡ : : "J i ~ i ..., I '" I ;.J. ~j -- -- ------ , . , , : ~ i , i!i I j [ti ! -----~_:__:_- : : ¡ ~ I i [ij i : ---:--- ¡ < : : ~ I . ~ :,:: I - --- --- -- --- , , : "" i~ ¿', ¡g ", "" <" ". i '" "" . I I I !~ !~ :31 :õ ¡e ~ ;:;1 ~ ill u. ~ ~ ..., ------- c: ,. "" ffi " ., ffi ., ~ ... '" "' ", '"" '" u. ... ... ow ... -< ¡:¡ ------ ---- ffi ~ t! -< "' '" ... u ~ g, ""¡¡¡""OO ~ "' :;;; .; '" ". 5:~;::"" ;;: ¡;; ~ ",... - '" UI<.~ ¡;;~;j ., """ '" "'- ;-,:'" "'", ""'" ",;:;1 '" ::- FI\ n "" '" r- '" "" -< "' ", ". ~¡:¡ ~<= ¡¡¡'" -~r- z r- n",", ,.. :z: ¡¡¡ ~: èJ ". ~¡;;~ ;::""- ~ ;¡;£ ~~ i!i~ ------- n njj! '" ", "" ;x; - c: '" z n '" n -. .. ii-< ...!S", r- a¡¡¡r- -- ---- n ¡¡", ", ~ ;¡;;X;R n¡;", -: ¡j', - '" '" '" '" DATE March 17,1987 CITY COUnCIL REPORT TO Mayor and Members of the City Council FROM SUBJECT Lloyd V Harrell, City Manager Bid #9721 Croydon. Imperical Water line and Dotson Sewer line RECO/f.1EnDATIOn We recommend this bid be awarded to the lowest bidder Albensius Contracting in the total amount of $79,719 00 SUMMARY This bid is for the following C I P projects On Imperial 1994 feet of existing 6" waterline will be replaced with an S" line from Buckingham to Stuart On Croydon 882 feet of 6" waterline will be replaced with an 8" waterline On Dotson 506 feet of new 8" sewerline will be installed to serve customers presently on septic tanks BACKGROunD. Tabulation sheet PROGRAKS. DEPARTMENTS OR GROUPS AFFECTED water and sewer utility FISCAL I/1PACT The projects will be funded from water and sewer utility CIP funds account number 623-008-0461-9114 and 624-008-0471-9114 Pro rata reimbursements from the Dotson street customers will partially pay for that portion of the project Respectfully submitted Lloyd V Harrell City ~'anager ~ l~~- Name Title Tom D Shaw, C PM Aset Purchasing Agent Approved ~ Title Purchasing Agent .... '" ¡¡; ¡¡¡ ;.., m :¡ ~ ã, ..., ... ;;:¡ "" ~ I: ~ II " ..., .... ... II ---- -- --- ~ lJ ~ ... --------- ..., :j¡ ..., ..., ..., ... ~ g, I I I i : : : .., : I -< I i-I Ii : ::; : ¡ g¡ i i ~ I I; I : ... : : '" : : : -- : -- ;-- : : : ~ : , '" , ¡ ~ ¡ ! ¡ I I , I , I ¡ ~ ¡ I ¡¡ i ¡ ¡ i <: i : ~ : "" I : !i! : I i i i I I I , I , I I I I , , , I , ~ ! ~ ~ "" :: ~ !!i! ----- -- I , I I ¡ ;¡¡ ¡ , '" I I '" I ! g ! r-- i -- - ------- I <" i ¡ æ ¡ i '" I : '" "i i I - I ------n---- :: ¡¡¡ '" ~ ~ ~ i~¡ ;¡¡;¡ '" .... I '" , c:: "' :;¡>, [;¡¡ ~ ¡!i!: ~ ¡:¡ ¡¡¡ '" ~, ,: ë!i! ---_~_~_i _: '" I ~ i I ¡¡ : ¡ ¡ __1__: - :g j ~ ~ ,,> ~ "" ", .., Üo :;!. = ... ... ", '" :; '" " "' .., 12 ~ F! ~ '" ... ", '" ~ :: :::! '" fJ ~ ~ ~ !:!; ~ ~ '" ... .., :: '" ... "" '" '" "" ---------- ~ '" ;; :: p; !:¡: '" :I: " ... ... 3" '" '" F ;s :: i <"I ~: '" I ~ ! p- -- - -- , , I I I I ! ---- ... ... ~ :; " '" ~ --------- :; ... ... " := ::; '" ¡a :¡; .f ~ :: - ------ ------- -- ----- ... ..., '" ~ " '" ~ '" .. i3 ~ ... ... ..., '" '" .... ... ~ ~ '" ~ ... "" ... .. " ... "'" ¡:¡;r,:;;; ,;; '" '" -= "' ... - ;:"'r;; '" '"'- ",;;..., .., ;;;¡ ¡j ....... - ~~ ..., '" '" '" -< ~ ... r- 1i! ", ... - .... "' i'í i!' ;¡ ~~ c, '" n C) '" ~;¡¡:r '" .. ,.. Cor-", ~!B::;: '" '" ------ ." ..., ,..:c ~:;; '" "' ... '" -< ---n--- jj! '" '" ;¡j 3~ jj! 2ii- :!;w, $:~ n ", =c:: ~ '" "" 12"' -< r- ¡¡ '" "' r- ~"' 67-cl-tl CONTRACT AGREEMENT STATE OF TEXAS )( COUNTY OF DENTON ) ( THIS AGREEMENT, made and entered into this ~ day of MARCH A.D., 19~, by and between THE CITY OF DENTON, TEXAS of the County of DENTON and State of Texas, acting through LLOYD V. HARRELL, CITY MANAGER thereunto duly authorized so to do, Party of the First Part, hereinafter termed the OWNER, and HASTY-FOWLER CONSTRUCTION, INC. RICKY FOWLER, PRESIDENT 501 CACTUS LANE of the City of SAN ANGELO and state of TEXAS , County of TOM GREEN , 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: BIDH 9712 - EAGLE DRIVE SANITARY SEWER LINE PURCHASE ORDER H - Î~ 35 I $154,435.20 and all extra work in connection therewith, under the terms as stated in the General Conditions of the agreement; and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the said construction, in accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance with all the General Conditions of the Agreement, the Special' Conditions, the Notice to Bidders (Advertisement for Bids), Instructions to Bidders, and the Performance and Payment Bonds, all attached hereto, and in accordance with the plans, which includes all maps, plats, blueprints, and other drawings and printed or CA-I 0044b ,"written explanatory matter thereof, and the Specifications prepared by City of Denton EnQineerinQ DeDartment therefore, as , 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. ~t:;- (SEAL) ATTEST: '?Y¡ ,-",J ~iL 'y j.J , \ ~ -fi¡-<~ Party of~he Second Part, CONTRACTOR By Ricky Fowler President Title (S~L) APPROVED AS TO FORM: n~~ City Attorney "Ie" CA-2 0O44b The ~ Companies FIDELITY AND DEPOSIT COMPANY OF MARYLAND FIDELITY AND DEPOSIT COMPANY HOME OFFICES, BALTIMORE. MD. 2t203 POWER OF ATTORNEY KNOW ALL MEN By THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. and the FIDELITY AND DEPOSIT COMPANY, corporations of the State of Maryland, by C. M. PECOT, JR. , Vice.President, and C. W. ROBBINS, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2 of the respective By-Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect of the date thereof, do hereby nominate, constitute, and appoint Robert L. Fields, Don W, Stewart, Roger M. Doll iver, Herbert R. Heard, J. Marshall Huling, Walter N. Rodgers and Marie Walters, all of San Angelo, Texas, EACH..................... t e true and lawful agent and Attorney.in.Fact of each, to make, execute, seal and deliver, for. and on its behalf as surety, and as its act and deed: any and all bonds and undertakings... EXCEPT bonds on behalf of Independent Executors, Community Survivors and Community Guardians.......... n the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies. as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the respective Companies at their offices in Baltimore, Md., in their own proper persons. This power of attorney revokes that issued on behalf of Robert L. Fields, etal, dated, August 9, 1984. IN WITNESS WHEREOF, the said Vice. Presidents and Assistant Secretaries have hereunto subscribed their names and affixed the Corporate Seals o.f the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the FIDELITY AND DEPOSIT COMPANY this ---.",..",--..~.~.~_h.",....---...",..--",..",.--.....", day of",.--......,--.A!!z,!!.H........-...."""..----..",..,A.D. 19.85:.--....... ATTEST, e e C~g:;;::AN~~EPœ': ~:~;;;1~-- .. A"""""s"",tary ~ DEPlf/"'Uknt e~_C?.r&~- FIDE:~~¡¡;¿;:;;;N~_---- A""""" s,,"""'y Vi...Pr..uJmt STATEOFM.RVLAND ¡ CITYOFBALTIMOR. f a" Onthia 19th day 01 August .A.D.1985.beforelheauha"ibe"aNot"yPubli,oftheStateofM"yland,inand ~É~'ösWYC~ ~~NY'Îi t ~~RŸL~\:'¿o::: :hned F'\õ~ri4v '~ÑÔt~eE¡,t;)šiTê'ôi,mÑt::i~:n~;'::~i;'k~:~~~'~a:~:' i:~:~~d~~~ ~~d~~~ d""ibed herein and who ea"u..d the prmding inat,umenl. and they mh aoknowledøed the ""ution of Ihe ..me, and being by me duly aworn, ..v...lly and mh lor him..il depo"lh and aailh. that Ihey are Ihe ..id olfi"" 01 the Compani.. afo,...id, and Ihat Ihe ...Iuffi.ed 10 Ihe p",edi"ll in,t,umenl are the Corpo,a.. Seal, 01 ..id Companiea, and Ihal Ihe ..id Co'po,a.. Seala and Ihei, aignalu,ea aa au,h olfi,... were duly affi.ed and .ub",ibed to Ihe ..id inat,umenl by Ihe au,hooilY and dire"ion 01 the ..id Co'por..iona. woilt~~. TESTIMONY WHEREOF. I haeve hereunlo ..t my h.nd and affi.ed :y;g.~~?-?-..:~.~~:.~:::.~=~.~ .... /ff~ PuWK - a " . My commission expires ",...!.!!JY...J....J.??.!!...",....."""..-- CERTIFICATE I. the undenigned A..i"anl Se"<la,y 01 the FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the FIDELITY AND DEPOSIT COMPANY do herehy wtily thaI ,he o,iginalPower 01 Alto.'ney 01 whioh the 10"8°ing i. a lull.."ue and 'omel '"py. ia in lull force a~d eff"t on Ihe da.. of thi. wlifi,a..; and I do lurlher wl.'ly Ihat the Voce.p,...den.. wh~ "~eu..d Ihe ..,d Power of Altorney w.ere Voce.P,..,denl' iJË¡'~ ~"r:~0~Ëtð~I~ê~M1~~lföFe~~R'Y~~Dn:~d~t:\?íöË:IJì-i~~D bEP&s1ì-ntó¡'¡'~~~.¡ Sect,on 2 olthe "'pee"ve By.Lawa 01 Ih. FI ELI , Thi. wli(;,a.. m.y be ,igned hy I""imile under and by authority 01 ,,"olutiona 01 the Board of Directo" 01 the FIDELITY AND DEPOSIT g~~Ó;I~,;;g~~:~~~t~~e:~i~;d~\;~a1~1 :~~j,:~n~nh:~~ ;~áh;a:~F ~~~e%t'~:i~~9and 01 Ihe Boa,d 01 Directo" 01 Ihe FIDELITY AND RESOLVED, "ThaI Ih. lad.imil. or m"hanioally replodu"d .ign..ure ofony A..i,tanl Secrela,y olthe Company. whether made heretofore 0' herealler. whenever appearing upon a certified copy 01 any power 01 a"orney ,..ued by Ihe Company. ahall be vahd and bmdmg upon the Company wi'hth.,amelorce.ndellectaalhoughmanuallya(fiaed.'. .' .19 IN TESTIMONY WHEREOF, I have hereunto.ubacribed my name and all"ed the eo,porate..aia olthe..,d Compan'... th................. day of.... .14i'i":C.l1... 1.14",'T"-,,,1.-168-6756 ....19.B2.... FOR YOUR PROTECTION LOOK FOR THE F&D WATERMARK EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The President, or any Executive Vice-Presidents, or any of the Senior Vice-Presidents or Vice-Presidents specially authorized so to do by the Board 01 Directors or by the Executive Committee, shall have power, by and with the concurr- ence of the Secretary or anyone of Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents, and At- tornies-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertakings, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgments, decrees, mortgages and instruments in the nature of mortgages, and also all other instruments and documents which the business of the Company may require, and to affix the seal of the Company theretn." EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY "Article VI, Section 2. The President, or anyone of the Executive Vice-Presidents, or anyone of the additional Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the con- currencp of the Secretary or anyone of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents, Resident Assistant Secretaries and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or per- sons to execute on behalf of the Company any bonds, undertakings, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgments, decrees, mortgages and instruments in the nature of mortgages, and also all other in- struments and documents which the business of the Company may require, and to affix the seal of the Company thereto." PERFORMANCE BOND STATE OF TEXAS )( COUNTY OF DENTON )( KNOW ALL MEN BY THESE PRESENTS: That Hasty Fowler Construction, Inc. , of the City of San Angelo County of Tom Green, and State of Texas as PRINCIPAL, and Fidelity and Deposit Company of Maryland , as SURETY, authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto the THE CITY OF DENTON TEXAS as OWNER, in the penal sum of ONE HUNDRED FIFTY-FOUR THOUSAND FOUR HUNDRED THIRTY FIVE AND TWENTY CENT Dollars ($ 154.435.20 ) for the payment whereof, the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: IiHEREAS, the Principal has entered into a certain written contract with the OWNER, dated the ~ day of MARCH, 19,!!L, for the construction of BID# 9712 - EAGLE DRIVE SANITARY SEWER LINE which contract is hereby referred to and made a dpart hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, the condition of this obligation is such, that if the said principal shall faithfully perform said Contract and shall in all respects, conditions and agreements in and by said contract agreed and covenanted by the Principal to be observed and performed, and according to the true intent and meaning of said Contract and the Plans and Specifications hereto annexed, then this obligation shall be void: otherwise to remain in full force and effect; PB-I 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 sP~lllie in DENTON County, State of Texas. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said P1f,nc1fal and SuretYsFve signed and sealed this instrument this =-- day of arc , 19_. Hasty Fowler Construction, Inc. Principal Fidelity and Deposit Company of Maryland Surety By Il:-p¿~ 7-i~ .,- P-. L... (, Title President Title Attorney-in-f ac t Address 501 Cactus Lane Address 12222 Merit Suite 1360 San Angelo, Texas Dallas, Texas 75251 " : , (SEAL) : (SEAL) The .¡>ame and address of the Resident Agent of Surety is: Herbert R. Heard / Fields Stewart Dolliver P.o. Box 1111 San Angelo, Texas 76902 NŒE: Date of Bond must not be prior to date of Contract. PB-2 0O91b The ~ Companies FIDELITY Al-m DEPOSIT COMPANY OF MARYLAND FIDELITY AND DEPOSIT COMPANY HOME OFFICES, BALTIMORE, Mo. 21203 POWER OF ATIORNEY KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the FIDELITY AND DEPOSIT COMPANY, corporations of the State of Maryland, by C. M. PECOT, JR. , Vice-President, and C. W. ROBBINS, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2 of the respective By-Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect of the date thereof, do hereby nominate, constitute, and appoint Robert L. Fields, Don W. Stewart, Roger M. Doll iver, Herbert R. Heard, J. Marshall Hul ing, Walter N. Rodgers and Marie Walters, all of San Angelo, Texas, EACH..................... t e true and lawful agent and Attorney-in-Fact of each, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings... EXCEPT bonds on behal f of Independent Executors, Community Survivors and Community Guardians.......... n the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Compsnies, as fully and amply, to all intent sand purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the respective Companies at their offices in Baltimore, Md., in their own proper persons. This power of attorney revokes thar issued on behalf of Robert L. Fields, etal, dated, August 9, 1984. . IN WITNESS WHEREOF, the said Vice-Presidents and Assistant Secretaries have hereunto subscribed their names and affixed the Corporate Seals o,f the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the FIDELITY AND DEPOSIT COMPANY this --,.--..........l.~.tl:!......_._----..........----.----....... dayof............"..."'-Y.ßY!ò.L........................--...,A.D. 19.85:....._.--- ArrEST, Q ~ e ... C-.~..R:;;;::D'PŒ:, ::~:¡z;. ..n A~¡"..' Se"""'Y ~. DEP~-~ e~R~--. FI D~:g;¡;¡¿":;;:~-- ... A""",", se",""Y Viu.P,uidmt STATE or MARYLAND ¡ CITY Dr BALTIMORE f'" Onlhia 19th day 01 August ,A.D.1985,helo"lh"ubae<ihe"aNol"yPubli,oftheSI"eofM"yland,;nand ~ É ~ t;¡ S W y C <g ~ ~ NY' êi ; ~ ~ Rñ~ ~ to::: 'hed F'\ ïi ~ r i4Y '~N D I ~ Ê¡"õ š iT'ê 'ô~ : l'Ñf.'~:i ~:n;.: ::;'~~i;t~:::. ~,~a;~:a i: ~: ~ id ~~ ~~~~f~~~ deae<;bed h...in and who exeouled ,he p"oed;ng in"..menl, and 'hey e"h "knowledged Ihe exeou,;on of Ihe ..me, and he;ng by me duly awo.., ,evmlly and eaoh fo' himaelf depoae,h a?d ..;Ih, Ih"lhey "e,he ..;d,oŒ",a 01 ,he Compan;.. ~Io~e..;d, and Ih"lhe ...I"m,ed 10 Ihe p~"'edi"8 ;n,t..menl ore Ihe Co'pmle Seala 01 ..,d Compan,ea, and Ih" Ihe ..Id Co'po",e Seala and Ihe" "gna'u"a.. au,h om,m we'e duly aff"ed and ,ub",;hed 10 ,he ..;d in"mmenl by the aulho,;ly and di",,;on 01 Ihe Þid Co,po",iona. . IN TESTIMONY WHEREOF, I have h"eunlo..1 my h.nd and am,ed my (Q.~1'JJS2 721t~nd yea, finl above wnllen, ~~ J 0 ~: :==:::.:":i:;~~;:;:::: CERTIFICATE I, ,be unden;gned A..i"an' Se",I"y of the FlDELITY AND DEPOSIT COMPANY OF MARYLAND and Ihe FlDELITY AND DEPOSIT COMPANY do h...by wlify Ih",heo,;ginaIPow"ol Allo..ey olwh;,h 'helo,ego;ngi,alull,l,ue.nd ,o...",opy,ia;n full lo"e~defle" O? Ihe d"e of Ih;, ",'if;",e, and I do fU<lhe, ",'.'Iy ,"'Ilhe V"e.P""dento who ,,~,uled Ihe ..,d P~w" 01 Allo..ey w."e V"e.p.."dento i!!""'.J!{ ~u~~oDËt3~I~C'¡;'Mt¡~löF'~~RlyiU;Dn~:d~::';{ÔEtI~~~jj bEPt~Tn c^Ó~'#~~ly See...n 2 of ,he 'eapeollve By.Lawa ollhe FI ELI , Thi, wÜf;",e may be aigned by la,,;mile und.. and by aulholily 01 ..aolu,iona 01 Ihe Bo"d of Di.."o," 01 Ihe FIDELITY Ai'iD DEPOSIT g~~Ótl~~g~~:~:~t~~e::;~;d:\~n~a~I':1 ::~Ih:idn:nh~~~ 2~~hda:~P ;:~..~t::;i~~9 and of Ihe Bo"d of 0;'0010'" oflhe FIDELITY AND RESOLVED, "Th,,'hel,,'a;milen, moohan;oally ..p<oduoed a;r"u,eofany A..;"anl 5o..el"y nf,heCompany, whe,h.. made h",'ofo" °' ~~;~a,~:';a:h:~:,::' ::S:r;~~~ ~!'~~o~~~'~~':alì'::I1.':dy,powe' 0 allo..ey i..ued by ,he Company, ahall be valid and bind;ng upon Ihe Company IN TESTIMONY WHEREOF, I have he,eun'o aub",;bed my nameand affixed the '"'pm'e 0..10 ollhe..;d Compan;.., Ihia.....J.9... . March 87 day or... 1.1419.",,-<:.'-168-6756 ...,19... FOR YOUR PROTECTION LOOK FOR TI-IE F&D WATERMARK EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The President, or any Executive Vice-Presidents, or any of the Senior Vice-Presidents or Vice-Presidents specialIy authorized so to do by the Board of Directors or by the Executive Committee, shaII have power, by and with the concurr- ence of the Secretary or anyone of Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents, and At- tornies-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertakings, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgments, decrees, mortgages and instruments in the nature of mortgages, and alsoaII other instruments and dncumentswhich the business of the Company may require, and to affix the seal of the Company thereto." EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY "Article VI, Section 2. The President, or anyone of the Executive Vice-Presidents, or anyone of the additional Vice-Presidents specialIy authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the con- currence of the Secretary or anyone of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents, Resident Assistant Secretaries and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or per- sons to execute on behalf of the Company any bonds, undertakings, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgments, decrees, mortgages and instruments in the nature of mortgages, and also aII other in- struments and documents which the business of the Company may require, and to affix the seal of the Company thereto:' PAYl-ŒNT BOND STATE OF TEXAS )( COUNTY OF DENTON )( KNOW ALL MEN BY THESE PRESENTS: That Hasty Fowler Construction, Inc. of the City of San Angelo County of Tom Green, and State of Texas, as principal, and Fidelity and Deposit Company of Maryland authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly hound unto THE CITY OF DENTON TEXAS , OWNER, in the penal sum of ONE HUNDRED FIFTY FOUR THOUSAND FOUR HUNDRED THIRTY FIVE DOLLARS AND TWENTY CENTS Dollars ($ 154 435.20 ) for the payment whereof, the said Principal and Surety bind themse1 ves 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 ~ day of MARCH , 19~. BID# 9712 - EAGLE DRIVE SANITARY SEWER LINE to which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION-OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosection of the work provid'!d for in said contract, then this obligation shall be void, otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the revised Civil Statutes of Texas as amended by the acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. PB-3 Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications or drawings accompanying the same, shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITHNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 19 day of March , 19 ~ Hasty Fowler Construction. rnc. Principal Fidelity and Deposit Company of Maryland Surety By Il~~ ;"k.,- /2. ~ ~, Title President Title A""nYn~]'-in-Foeo- Address 501 Cactus Lane Address 12222 Merit Drivp S1Ji tp 1360 Dallas. Texas 75251 San Angelo, Texas 76903 ( SEAL) (SEAL) Th~ name and address of the Resident Agent of Surety is: Herbert R. Heard / Fields StpwArt Dn11ivPY P.O. Box 1111 San Angeln. TexAs 7figO? PB-4 0O92b The ~ Companies FIDELITY AND DEPOSIT COMPANY OF MARYLAND FIDELITY AND DEPOSIT COMPANY HOME OFFICES, BA L rIMORE. MD. 21203 POWER OF AITORNEY KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the FIDELITY AND DEPOSIT COMPANY, corporations of the State of Maryland, by C. M. PECOT, JR. , Vice.President, and C. W. ROBBINS, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2 of the respective By.Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect of the date thereof, do hereby nominate. constitute, and appoint Robert L. Fields, Don W.Stewart, Roger M. Dolliver, Herbert R. Heard, J. Marshall Huling, Walrer N. Rodgers and Marie Walters, all of San Angelo, Texas, EACH.....................~ tñëtrue and lawful agent and Attorney.in.Fact of each, to make, execute. seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings... EXCEPT bonds on behal f of Independent Executors, Connnunity Survivors and CoDDDunity Guardians.......... n the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the respective Companies at their offices in Baltimore, Md., in their own proper persons. This power of attorney revokes that issued on behalf of Robert L. Fields, eta1, dated, August 9, 1984. IN WITNESS WHEREOF, the said Vice.Presidents and Assistant Secretaries have hereunto subscribed their names and affixed the Corporate Seals o.f the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the FIDELITY AND DEPOSIT COMPANY this ...............J~.t.t>mm................................. day of"""""""h.!\!!~!!.H................................,A.D. 19.8.5:...... AITEST, e e CNR:;:: ::OEPOSI:. ~ßï;;!:~...... . Aui.ot"", s..,"""y r. DEP{r.p,.,i<kA/ ....C...~...R~.~............ FIDE::~.f.;;;¡';;;;;;~~................ A........., s..,,""'Y Viœ.¡>'uUknt STATE or MARYLAND ¡ . CITY or ÐALTlMOR[ j'" Onthi, 19th dayo( August ,A.D.I985.be(0,"he,uh",ibe,.,NotuyPublico(theSta'eolMuyland. in and ~ É ~'ö S W y C ~ ~ ~ N ~. 0'; ~ ~ RY L~ ~~ 0 ::1 t~: d f\ õ Mt¡4Y c ~N D t ~ Ê pi¡) š iT'ê 'ô~; 1 ~)~'.'~:i~: n;: :,~ ~ ~i;t ~: ~ ~ ~.~ a ;~:' i ~~: ~~ ~2 ~~d~ If~::~ dm.ibed bmio and who executed the p,mding in,tlUment. and 'hey each acknowledged the execution 01 'he oome. and being hy me duly ,wom, ,e...ally and each (0. him,el( depo,eth and ,aith. that they... the ooidol(ic... olthe Compani.. alo~eooid. and ,hat the ...I..(fixed to 'he~""ediog in"lUment ... the Co.po..te Seal, o( oo,d Compame,. and ,hat ,he oo.d Co'po..'e Seala and the" ..gnatu..,.. ,uch o(fice" w..e duly allixed and ,ub,c.ibed to the ooid in"lUment by ,he autho.ity and di..c,ion o( the ooid Co'po..tion" w,itt~~, TESTIMONY WHEREOF. I haove hmunto ..t my hand and affixed .~y(E.~.~?-?;~.~~~.~~:.~:~I..~:~.e a... pr~ 1'1.6& - a '. ' My commission expires ....:!.\!J.Y...J....1?.\!.R..................... CERTIFICATE I. ,he und...igned A..i"ant Sem'aty nl the FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the FIDELITY AND DEPOSIT COMPANY do hmby ce"i(y that ,he o,iginaIPowe. o( Ano,mey o(~hich the (o.egoing i,a (ull../tue.nd co...ct copy.i, in lull (o.cea,ndelf""t o~ the da'e of ,hi, w,i(icate; and I do (o"he, w!.'(y that ,he V,ce.P...,den" wh? ea~cuted the oo,d P~we' o( Anomey w.e.e V,ce.p...,den.. ifÉÍ'~ ~~~oBËtð~l~ê'ò"M1~;:i1öFcM"ÁRt~LXÑDn~~d~::1íDi!LIT{~~D hEP~S:Tn tó~cJÅ~\~ s.c!.'on 2 o( the .e'pec!.'.e By.law, o(the FI ELI . Thi, ,""ifica'e may be ,igned by ImimiIe undo. and by autho.ity o( ...olution, o( the Boa.d o( m.ecto," o( the FIDELITY AND DEPOSIT g~~ótl~~g~~:~J~t~~':\i~d~\~n~a1k1 ::~I¡,:t;¡"~nh:~~ 2~~hd::~F ~:;:::.t~:i~~9and o( the Boa.d o( Di.ecto.. 01 the FIDELITY AND RESOLVED, "That the lac"imile 0' mechanically .eptOduced ,ignatu.e 01 any A..i"ant Sec.eta.y 01 the Company. whethe. made hetetolo.e 0' ::;h't~:";'::r:.:';' :~S:fí~~~ :."".ho:~h'~~~~all::(~x~',jY.powe' o( allomey i..ued by the Company. ,hall be valid and binding upon the Company IN TESTIMONY WHEREOF. I have he,eunto ,ubocoibed my name and a(Iixed the co'po.ate ..al, o!the oaid Compani... 'hi,--.l9--. dayof.-- ----~.il.".c;.l1.-- '-"",'T,,-""-168-6756 .--,19...JE FOR YOUR PROTECTION LOOK FOR THE F&D WATERMARK EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Seetion 2. The President, or any Executive Vice-Presidents, or any of the Senior Vice-Presiden" or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurr- ence of the Secretary or anyone of Assistant Seeretaries, to appoint Resident Vice-Presiden", Assistant Vice-Pcesidents, and At- tornies-in-Fact as the business of the Comparty may requi,", or to authorize any person or persons to execute on behalf of the Company artY bonds, undertakings, recognizances, stipulations, policies, contracts, agreemen", deeds, and releases and assignments of judgments, decrees, mortgages and instruments in the nature of mortgages, arId also all other instrumen" and documen" which the business of the Company may require, and to allix the seal of the Company thereto." EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY "Article VI, Section 2. The President, or anyone of the Executive Vke-Presidents, or anyone of the additional Vke-Presidents specially authodzed so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the con- currence of the Secretary or anyone of the Assistant Secretaries, to appoint Resident Vice-Presiden", Assistant Vice-Presidents, Resident Assistant See,"taries and Attorneys-in-Fact as the business of the Company may requi,", or to authorize any person or per- sons to execute on behalf of the Company any bonds, undertakings, recognizartces, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgments, decrees, mortgages arId instruments in the nature of mortgages, and also all other in- strumen" and documents whkh the bnsiness of the Company may require, and to allix the seal of the Company thereto." MAINTENANCE BOND STATE OF TEXAS )( COUNTY OF DENTON )( KNOW ALL MEN BY THESE PRESENTS: THAT Hasty Fowler as Principal, and Fidelity and Deposit Lompany or Nary~and a Corporation authorized to do business in the State of Texas, ss Surety, do hereby acknowledge themselves to be held and bound to pay unto the City of Denton, A Municipal Corporation of the State of Texas, its successors and assigns, at Denton, Denton County, Texas the sum of FIFTEEN THOUSAND FOUR tlUNURED FORTY THREE DOLLARS AND FIFTY TWO CENTS Dollars ïr$ 15.443.52 ), 10% of the total amount of the contract for the payment of which sum said principal and surety do hereby bind themselves, their successors and asssigns, jointly and severally. Construction, Inc. This obligation is conditioned, however, that: WHEREAS, said Hasty Fowler Construction, Inc. has this day entered into a written contract with the said City of Denton to build and construct BID# 9712 - EAGLE DRIVE SANITARY SFWFR I TNF which contract and the plans and specifications therein mentioned, adopted by the City of Denton, are filed with the City Secretary of said City and are hereby expressly incorporatd herein by reference and made a part hereof as though the same were written and set out in full herein, and: WHEREAS, under the said plans, specifications, and contract, it is provided that the Contractor will maintain and keep in good repair the work therein contracted to be done and performed for a period of one (1) year from the date of acceptance thereof and do all necessary backfilling that may become necessary in connection therewith and do all necessary work toward the repair of any defective condition growing out of or arising from the improper construction of the improvements contemplated by said contractor on constructing the same or on account of improper excavation or backfilling, it being understood that the purpose of this section is to cover all defective conditions arising by reason of defective materials, work, or labor performed by said Contractor, and in case the said Contractor shall fail to repair, reconstruct or maintain said improvements it is agreed that the City may do said work in accordance with said contract and supply such materials and charge the same against the said Contractor and its surety on this obligation, and said Contractor and surety shall be subject to the damages in said contract for each day's failure on the part of said Contractor to comply with the terms and provisions of said contract and this bond. 0093b MB-l 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 (l) year, as herein and said contract provided, then these presents shall be null and void and have no further effect; otherwise, to remain in full force and effect. It is further agreed that this obligation shall be a. continuing one against the Principal and Surety and that successive recoveries may be had hereon for successive breaches of the conditions herein provided until the full amount of this bond shall have been exhausted, and it is further understood that the obligation to maintain said work shall continue throughout said maintenance period, and the same shall not be changed, diminished, or in any manner affected from any cause during said time. IN WITNESS WHEREOF the said Hasty Fowler Construction, Inc. as Contractor and Principal, has caused these presents to be executed byK1Cky "owler, President and the said Fidelity And Deposlt Lompany 0' lolaLYJ.and as surety, has caused these presents to be executed by its Attorney-in-Fact Herbert R. Heard and the said Attorney-in-Fact has hereunto set his hand this .L~thday of Narcn , 19 87 SURETY: PRINCIPAL: Fidelity and Deposit Company of Maryland Hasty Fowler Construction, Inc. BY: Herbert R. Heard l::~~-:::::c~J~. -< Ricky Fowler, President fJ:~ ~~ /. . \. MB-2 0093b 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: 0 Thirty (30) days advance written cancellation shall be given; notice of material change or 0 The Ci ty of policies. Denton shall be an additional named. insured on all 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: 0 0 Workmen's Compensation - Statutory 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: 0 A combined single limit of ¡¡SOO,OOO 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: 0 A combined single limit of $500,000 IV. Owner's Protective Liability Insurance Policy. This insurance shall provide coverage for the Owner and its employees, in the name of the City of Denton, for liability that may be imposed arising out of the work being performed by the Contractor. This also includes liability arising out of the omissions or supervisory acts of the Owner. Although this insurance is strictly for the benefi t of the Owner, the Contractor is responsible for obtaining it at his expense. The liability limits shall not be less than: 0 A combined single limit of $500,000 INSURANCE SUMMARY: The Contract shall provide insurance to cover operating hazards dur ing the period of placing the facility in operation and during testing, and until such time as the facilities are completed and accepted for operation by the Owner and written notice of that fact has been issued by the Owner. Approval of the insurance by the Owner shall not in any way relieve or decrease the liability of the Contractor hereunder. It is expressly understood that the Owner does not in any way represent that the specified limits of liability or coverage or policy forms are sufficient or adequate to protect the interest or liabilities of the Contactor. Again, the Owner shall be given a certificate of insurance indicating that all of the above policies and the appropriate limits are indeed enforced. The certificate shall also indicate that the Owner will be given at least thirty (30) days written notice of cancellation, non-renewal, or material change of the required insurance coverage. All responsibility for payment of any sums resulting from any deductible provisions, corridor or self-insured retention conditions of the policy or policies shall remain with the Contractor. The Contractor shall not begin any work until the Owner has reviewed and approved the insurance certificates and so notified the contractor directly in writing. Any notice to proceed that is issued shall be subject to such approval by the Owner. CI-2 01/13/87 CERTIFICATE OF INSURANCE C I ì'( OF DENTON .... and Address of Þq.ncy City of Denton Reference: Fields Stewart Dolliver Project N....., EAIll: m SlWITATY SBÆR Ut£ P.O. Box 1111 Project No: # 9712 San Angelo, Texas Phone 915-655-5656 Project Location: cm IF ŒNTCfI Managing Dept: ItRQV\5IM:: IE'MMNr .... and Address of Insur8d: c:a.p.nles Affording Co-.: Hasty Fowler Construction, Inc. A United States Fire Insurance Company 501 Cactus Lane B San Angelo, Tx Phone 915-655-6422 C This Is to cer1'lfy 'ttI8t policies of Insur811C8 Ilst8d below ha... ~ IssU8d and a... In force at 11IIs tl... eœ.>any Expl ration ~~tI~~-:~ft Letter Tv... of Insurance Pol lev Number Date A Camp"""'sl... 6an8ral LIability 5408444259 3/16/88 Occurrence I x - Occurrence ! - Claims Mad8 <see IZ-reverse) Bodi Iy Injury $ I $ A Broad FCK'tI to Incl....: Property D8118g8 x - Premises/Operations x - Independent Contractors x - Products/Completed Operations Bodl Iy Injury and Property x - Personal injury Danage CaNlI ned $500 x - Contractual Llabl! Ity <see ll-reverse) x - Explosion and Collapse Hazard x - Underground Hazard Hos t - LIquor Llabll ity Cover. x - Fire legal LIability <see l}-re\/8rse) x - Broad Form Property Danege - Professional Errors/Omissions - occurrence - claims made <see IZ-reverse) A Camp"""'sl... Alrt'alœlle 5408444L~~ PI HI ~~ Bodily Injury/Person $ Llabll Ity Bodi Iy Injury/Accident $ - x - Owned/Leased Automob II as Property Damage $ x - Non.-ned Autaooblles x - Hired Automobi las Bodily Injury/Property $ 500 Damage CaNI I ned A - 1IorUrs' ea...-nsatlon and 083608556 3/16/88 ~tatutory Amount ~I~' Liability 100 each acclden1' Of"- InsurllnC8 - - - Description of Operations/locations/Vehicles. The City of Denton Is an additional Insured as its Interest may appear as defined on the reverse side. .... and address of CerTificate Holder. 3/19/87 CITY œ ŒNlm , 'IEXAS RmJASn.I; AŒNl' ~ -B 'IEXAS Sf ŒNlm, 1'X 76201 }_.~~ ~~ AU"] HOR I ~ B\lRŒ <F CI1I1mI:N; œ ßŒ Ct-4 lmXm). 056g CI-3 CONDITIONS AIDIDCNAL nBJŒD: TIE City of Denter!. its elected <n1 3RDÙ1ted affic:i.a1ß. officers <n1 aq¡loyees. (This <Des rot BRllY Ix> \b1œr's ~.) tIJITŒ œ CAllElATIŒ: Prier to my mater-.ial ~ œ cax:eJ.1.atia¡, tœ City of Denter! w1ll. be given 3J Œ\YS a:Mu:e written mtiœ mailed Ix> tœ stated ëŒIress of tœ Certificate Iblder, City of Denter!. 1. aNIRJ!CIURAL aJ.IE]WE: (Liàñlity assuœd by <XDtræt er ~t, <n1 W1Ùd mt ottEnåæ exist). TIE <Drtrætual lliÐility ~t stxwt at tœ reverse side of this Certti'icate of :!ns.Irax:e LDÈr ~¿.I2...ï.ve (£œrnl Liàñlity, III.ISt :in:1u:Ie a œt1nitim of ~ brŒr:I ~ Ix> ¡IUVide ~ fer rh1í@;'!citY'S assuœd by tœ a:ntract.cr in tœ refenn:ed a:ntract. This Certificate of :!ns.Irax:e :is ¡nwiŒd as reIJ,Iired by tœ ¡pÆnIÍlß a:ntract. 2. ŒAJ}f¡!WE RLICY FtD1: IIeqñred per:icd of ~ w1ll. be œt.ermiœd by tœ falJ.aillß fam.ù.a: Ccnt.in.0.8 ~ fer tœ life of tœ <XDtræt, plus <De yær (Ix> ¡:rovide ~ fer tœ warrmty per:icd). <n1 a ext.Enied discDvery per:icd fer a mïmm.m of 5 ;'œr'S wtñch sIÐll bEgin at tœ aD of tœ warrmty per:icd. 3. FIÆ ŒDIL LIABIL11Y: (1Ieqñred in all a:ntracts tœt :inIIClve tœ oca.t¡HX:y, CCI1Stlu:tia:t œ alt.erntim of Cit;y...<wEd œ leased facilities). :!ns.Irax:e:is Ix> cover ~, a:ntents (¡¡Œre ;Wli.."nlp) <n1 peI'IIBBltiY installed ~ with respect Ix> ~ ~ Ix> stru:bJres er ¡:x:rtirns of stru:bJres if' srl1 ~ :is caJSed by tœ peril of fire <n1 ciJe Ix> tœ operntiaJs of tœ .::cut.. <Ltcr . Limit of lliÐility :is Ix> be a mïmm.m of $'5OO,OOJ. CI-4 BID # 9712 PROPOSAL TO THE CITY OF DENTON, TEXAS FOR THE CONSTRUCTION OF EAGL~ DRIVE SANITARY SEWER IN DENTON, TEXAS The undersigned, as bidder, declares that the only person or parties interested in this proposal as principals are those named herein, that this proposal is made without collusion with any other person, firm or corporation; that he has carefully examined the form of contract, Notice to 8idders, specifications and the plans therein referred to, and has carefully examined the locations, conditions, and classes of materials of the proposed work and agrees that he will provide all the necessary labor, machinery, tools, apparatus, and other items incidental to construction, and will do all the work and furnish all the materials called for in the contract ana specifications in the manner prescribed herein and according to the requirements of the City as therein set forth. It is understood that the following quantities of work to be done at unit prices are approximate only, and are intended principally to serve as a guide in evaluating bids. It is agreed that the quantities of work to oe done at unit prices and material to be furnished may be increased or diminished as may be considered necessary, in the opinion of the Ci ty, 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 addit"ional work ordered oy the City, but not shown on the plans or required by the specifications, in accordance with the provisions to the General Conditions. Similar 1j, they may De decreased to cover deletion of work so ordered. It is understood and agreed that the work is to De completea in full within the number of work days shown on the Did taoulation 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 securi ty shall become the property of the Owner, and shall be considered as a payment for damages due to delay and other inconveniences suffered by the Owner on account of such failure of the bidder. Owner reserves the right to reject any and all bids. Owner may investigate the prior performance of bidder on ,other contracts, either public or private, in evaluating bid proposals. Should bidder alter, change, or qualify any specification of the bid, Owner may automatically disqualify bidder. The undersigned hereby proposes and agrees to perform all work of whatever nature required, in strict accordance with the plans and specifications, for the following sum or prices, to wit: p - 2 ~ag1e:Drive Sanitary Sewer WOR;; DAYS BID NO. PO NO. 40 9712 BID TABULATION SHEET ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL Contractors Warranties I 1.21 and Understdndi~gs Bonds LOT LS $ 7,000./LS $ 7,000.00 ** 18" Ductile Iron 2.12. 8 Sanitary Sewer Pipe 439 LF $ 34.10/LF 14,969.90 ** 6" PVC Sanitary 2.12.14-A Sewer Pipe 98 LF $ 5.50/LF 539.00 ** 8" PVC sanitary 2.12.14-B Sewer Pipe 42 LF S 6.50/LF 273.00 ** 10" PVC Sanitary 2.12 .14-C Sewer Pipe 20 LF $ 7.75/LF 155.00 ** 12" PVC sanitary 2.12.14-D Sewer Pipe 815 LF $ 9.50/LF 7,742.50 ** 18" PVC Sanitary 2.12.14-E Sewer Pipe 1,333 LF $ 16.00/LF 21,328.00 3-A Remove Cone. Pavement 90 SY S 9.00/SY 810.00 3-B Remove Curb & Gutter 15 LF $ 9.00/LF 135.00 3-C Remove Walks & Drives 42.2 SY $ 9.00/SY 379.80 5.8 Conc. Pavement 90 SY $ 60.00/SY 5,400.00 7.4 Conc. Encasement 5 CY $ 150.00/CY 750.00 7.6-A Cone. Manhole (4' ID) 1 EA $ 900.00/EA 900.00 7.6-B Cone. Manhole (5' ID) 7 EA $ II 00. OO/EA 7 700.00 Barricades, Warning LOT $10,000./LS 8.1 and Detour Signs LS 10,000.00 8.2-A Conc. Curb & Gutter 15 LF $ 8. OO/LF 120.00 8.3 Conc. Driveway 42.2 Sy $ 60.00/SY 2,532.00 WS-llA 4" Sewer Service 13 EA $ 750.00/EA 9,750.00 WS-llB 6" Sewer Service 2 EA $ 800.00/EA 1,600.00 Saw Cut SP- 2 (Existing concrete) 480 LF $ 2. OO/LF 960.00 Break into SP- 6 Existing Manhole 2 EA $ 550.00/EA 1,100.00 SP- 8A Remove Manhole 1 EA $ 500.00/EA 500.00 P - 3 '~agle'Drive sanitary Sewer (Continued) WORK DAYS 40 BID NO. Q7]? PO NO. BID TABULATION SHEET ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL SP- 89 Abandon Manhole 2 EA !; 300.00/EA 600.00 SP- 9A Drop Manhole (4' ID) 1 EA $2300.00 /EA 2,300.00 SP- 9B Drop Manhole (5' ID) 1 EA $2500.00/EA 2,500.00 SP-IO Rock Excavation 0 SY $ 30.00/SY - - - 30" Gage 7 Steel !; 165.00 ILF SP-19 Casing Pipe Bore 279 LF 46,035.00 SP-22 Special Manhole 1 EA $2500.00 lEA 2,500.00 SP-23A Remove 8" S.S. 24 LF !; 6.50/LF 156.00 SP-23B Abandon S.s 1 EA $ 250.00 lEA 250.00 SP-24 Rebuild Invert 1 EA !; 450.00/EA 450.00 SP-25 Adiust Existina Services 0 EA $ 500.00 lEA - - - Total $ *5.7-B Asphalt Patch Type D 200 Ton !; 25.00 /Ton 5,000.00 Total including !; ] ~ 4 ,435. 20 patch * Note: See item 5.7-B in the special contract definitions. ** Note: See item 2.12 in the special contract definitions. P - 4 BID SUMMARY TOTAL BID PRICE IN WORDS ONE HUNDRED FIFTY FOUR THOUSAND, FOUR HUNDRED THIRTY FIVE DOLLARS A.1\!D TWENTY CENTS In the event of the award of a contract to the undersigned, the undersigned will furnish a performance bond and a payment bond for the full amount of the contract, to secure proper compliance with the terms and provisions of the contract, to insure and guarantee the work until final completion and acceptance, and to guarantee payment for all lawful claims for labor performed and materials furnished in the fulfillment of the contract. It is understood that the work proposed to be done shall be accepted, when fully completed and finished in accordance with the plans and specifications, to the satisfaction of the Engineer. The undersigned certifies that the bid prices contained in this proposal have been carefully checked and are submitted as correct and final. Unit and lump-sum prices as shown for each item listed in this proposal, shall control over extensions. HASTY-FOWLER CONSTRUCTION, INC. CONTRACTOR BY -¿ .:/:' =", ---,Le-. Rick Fowler, President 501 Cactus Lane Street Address San Angelo, Texas City and State Seal & Authorization (If a Corporation) 915-655-6422 Telephone P - 5 POLICY PARI 3. RETURN TO ~COMPANY , IF CANCELED. Npw R,..wo' 0' Numb" ~ a PART B GENERAL LIABILITY .AUTOMOBILE POLICY DECLARATIONS COUNTERSIGNATURE DATE R"'EWAC OR REPtACEMENT NO. U.S. Insurance Group .c~""'_w~..ru.""'" 3-19-87 BG/jk 0 WESTCHESTER FIRE INSURANCE COMPANY New [] UNITED STATES FIRE INSURANCE COMPANY 0 THE NORTH RIVER INSURANCE COMPANY JIB 841130 I 0 INTERNATIONAL INSURANCE COMPANY Item 1. Named Insured and Address, iNO.. St,..t. Tow,",Clty,C,",ty, Sto"l . City of Denton, Purchasing Division 901-B Texas Street Denton, Texas 76201 Item 2. Policy Period, (Mo. Doy VI.I FrDm 3-17-87 to 3-17-88 12,01 A.M., standard time at the address of the named insured as stated herein. The named insured is, 0 Individual 0 Partnership Business of the named insured is, (oon"-I Ci ty nf Dpntnn Item 3. The insurance afforded is Dnly with respect tD (he following Coverage Partls! indicated by speCIfic premium chargels!. 0 Corporation 0 JDint Venture LI Other, ri ty Audit Period, Annual, unless Dtherwise stated. loon"-> Ad.ance Co..rale C.,mle Par!!s) Advance C"'rale C.""le Partls) Premiums PartNo(s), Premiums Part No(s). $ Automobile Medical Payments insurance $ Hospital Professional liability Insurance $ Automobile Physical Damage Insurance $ Manutacturers' and Contractors'liability IDealers) Insurance $ Automobile Physical Damage Insurance $ Owner's and Contractor's Protective liability (FieetAutomatic) 124, L641~. Insurance $ Automobile Physical Damage Insurance $ Dwners',landlords'andTenants'liability (Non-Fleet) Insurance $ Basic Automobile liability Insurance $ Personal Injury liability insurance $ Completed Operations and Products l~bility $ Physicians', Surgeons' and Dentists' Protessional Insurance liability Insurance $ Comprehensive Automobile liability Insurance $ Premises Medical Payments Insurance $ Comprehensive General liability Insurance $ Storekeeper's Insurance $ Comprehensive Personal Insurance $ Uninsured Motoristslnsurance $ Contractual liability Insurance $ $ Druggists' liability Insurance $ $ Elevator Collision Insurance $ Farm Employers'liabllityandFann Employees' $ Medical Payments Insurance $ Fanner's Comprehensive Personal Insurance $ $ Garage Insurance GL-99-17, GL-00-32, GL-O2-11, GL-21-33, GL-OI-03, GL-21-04, form numbers of endorsements, other than those entered on $ L6432a I L-OO-18 Coverage Partls)' attached at issue $ 1?4.nn Total Amnco Premium for this policy. I . If the Policy Period Is more than one year and the premium is to be paid in installments, premium is payable on, Effective Date 1st Anniversary 2nd Anniversary $ Item 4. During the past three years no insurer has cancelled insurance, issued to the named insured, similar to that afforded hereunder, unless otherwise stated herein. Fields-Stewart-Dolliver 0-19865-0 Countersigned, San Angelo, Texas THIS PART B, WITH "'OlICT PROVISIONS-PART A", ANO COVERAGE PARfrS) AND THE ABOVE N JDl6300-X.G iRe.. 6.791 ";,, 00" IJ.Bl) 'Id. ;, RETURN THIS DECLARATION TO COMPANY ~ k-I- 7<. . ~ eo{ By Terr. 9 Authorized ReDresentatiVE '.'~.F,MI)' lS'E\E!1t~~ RT THEREOF, COMPlErE(S) ';~" :~. Þ12 ¡,.", fP".i wfiÇ tl~.'fir~'" lb. ~ 'Jü.EO-rihi1~'it .l1â IJ¡irJ M~rn ~ ¡¡¡ &b~ 'Not.",;"",;,T",, COVERAGE PART L 6395a (Ed. 1.73) COMPREHENSIVE GENERAL LIABILITY INSURANCE For attachment to Policy No. , to complete said policy. ADDIllDNAL DECLARATIONS Location of all premises owned by, rented to or controlled by the named insured «N,," ""Ma" Or aOMa COOO"ON oa ODD.'" aNOWN 'N onM 0 or Dano.n'DN., Interest of named Insured In such premises ,oNm .now, 0 Owner 0 GeneralLessee 0 Tenant 0 Other Part occupied by named insured "Nn. onoWI 1he following discloses all hazards insured hereunder known to exist at the e.ffective date of .this policy, unless otherwise stated herein. SCHEDULE The insurance afforded is only with respect to such 01 the following Coverages as are indicated by specific premium charge or charges. The limit of the company's liability against each such Coverage shall be às stated herein. subject to all the terms of this policy having reference thereto. Coverages limits of liability Advance each Occurrence I aggregate Premiums A-Bodily Injury liability $ , 1$ .,. ,. $7,00 B-Property Damage liability $ "cc o~-~.~ ", 1$ $51.00 Form numbers 01 endorsements attached at Issue $ 1 Total Advance Premium $124.00 Description of Hazards General liability Huards c::e Premium Bases B.I. Rates , , P.O. Advance P,emiums Bodily Injury Property Damage Premises. Op"attons N/A ".; .,:. Escalators INumber at Premises) ~! ~~~~t\~~ FIt ~I:;:; l?~eaSrq'f~¡'t Dt Area 10) R,muneraU," (Oi Per !~OO of RemuoeraUon !~! ~~¡~Pts !~) ~:; û~')f of Rec"pts If) Admissions (I) Per 100 AdmissIons Number.ln""d Excluded Co", Independent Contractors Construction Operations - Owner (not Railroads) Excluding Operations on board 51. Complet d Operations Excluded Products IblSales Excluded When used as a premium basis. 1. "admissions" means the total number of persons, other than employees of the named Insured, admitted to the event insured or to events conducted on the premises whether on paid admission tickets, complimentary tickets or passes; 2. "cost" means the total cost to the named insured with respect to operations pertormed for the named insured during the policy period by Independent contractors of all work let or sub. let in connection with each specific project, including the cost of all labor, materials and equipment furnished, used or delivered tor use in the execution of such work, whether furnished by the owner, contractor or subcontractor, including all fees, allowances, bonuses or commissions made, paid or due; 3. "receipts" means the gross amount of money charged by the named losured lor such operations by the named insured or by others during the policy period as ere rated on a receipts basis other than receipts from telecasting, broadcasting or motion pictures, and includes taxes, other than taxes which the named Insured collects as a separate item and remits directly to a governmental division; 4. "remuneration" means the entire remuneration earned during the policy period by proprietors and by all employees of the named insured, other than chauffeurs (except operators at mobile equipment! and aircraft pilots and co.pilots, subject to any overtime earnings or limitation of remuneration rule applicable in accordance with the manuals in use by the company; 5. ""Ies" means the gross amount of money charged by the named insured or by others trading under his name for all goods and products sold or distributed during the policy period and charged during the policy period for installation, servicing or repair, and includes taxes, other than taxes which the named Insured and such others collect as a separate item and remit directly to a gouernmental division. '" (over) ,.". '¥; GL99 17 (Ed. 03 81) This endorsement forms I part of the policy to wflich IttadIod, effective 011 the inception clate of the policy unl... otherwiso stated ,,"rein. (The hIIlowinc ¡"Iormation is roqairod GIlly ...... tIIis.....1II8III is issued ~ to _ration of poticy.) Endorsement eftecti.. Policy No. Endorsement No. "amId Insured Counteroic"'" by (A¡rt/Iorized Representative) This endorsement modifies sudI ins_IS is Iffarded by tile provisions at tile po/iI:J reIItinc to tile followinc: COMPREHENSIVE GENERAl UABILITY INSURANCE COMPlETED OPERATIONS AND PRODUCTS UABllITY INSURANCE CONTRACTUAL UABllITY INSURANC£ MANUFACTURERS AND CONTRACTORS UABllITY INSURANCE OWNERS AND CONTRACTORS PROTECTIVE UABllITY INSURANCE OWNERS, LANDLORDS AND TENANTS UABllITY INSURANCE AIIENDMENT-UMITS OF LIABIlITY (Sin&Ie ümn) (Individual Cowen¡e A¡¡re¡ato Limn) SCHEDULE Coverl e Bodily Injury Liability and Property Damaco Liability It is alreed that tho provisions of the poIiI:J captioned "UIIITS Of lIABILITY" relltinc to Bodily Injury Liability and Property Dimaio lia- bility are amended to read IS followS: UIIITS Of lIABILITY Rellrdless at the number of (I) ÏIIIIII'ICIS under this policy, (2) pertOIIS or orllnizations wfIo sustain bodily iIjary or IIIIII'Iy ...... or (3) claims made or suit> brou¡llt 011 ICCIIUnt of WIy iII8y or IIIIIftJ ""11, tile c:ompany's IiIbiIity is limitld IS fallowS: IodIIy Injory LiIiIIity IIId """"' IIanIqo üoIIIIity: (I) The limit of liability sIIfId in tile ScMduIt 01 tIIis ~ IS IIIIlicIbIe III ouch .........." IS till tDIIl limit 01 tile cam- piny's liability for an ciaNII' incIudinl cllmaCes for care IIId loss of ..rvices Ilea... of IIooIIr iIIjuIy and IIIIII'Iy cia..... susflined by one or -- perSOM or ""nilJlionS IS I ....it of l1li' one OCCUI11llC8, ~ tIIIt with ~ to any .......... for wfllCh notico of this policy is C. in lieu of sacurity or wilen this policy is certified IS proof of iuncial _sibility under the provisions of the Motor Vellicle r1lllllCill1 ~Iity lAw of l1li' state or province suc/llimit of liability sIIIn be llllied III prooide the -- rato limits rw¡uirod by sudI law for Bodily Injury Lilllility and Property Olmqe Liability III till aIInt øf till cowerl" requirad by such law. but the _rate lIIIication of sudllimit sIIIn nol intru.. tile taIIllimit øf tile -ny's liability. (b) Subject to tile'" prowision ~ "uch -", the . tDIIllilbility øf tile -ny for all clarnall' beaUS! of an badly Injury and IIIIII'Iy -... wtIich occur> durinl - annual period while !IUs policy is ill"'" cornmencin¡ from its affactiYe clate and wflidl is described in any of the numbered subpa"lrlllhs batow ""II not uceod tile limit øf liability statad in tile Sdladule of this ....-t IS "..."'lfIa": (1) all IIIIII'Iy ..... ~ aut øf pnrnitlS or. --tions iliad on a ........,.mion basiS or Contrldor's lQIIipment m- Id on I IIC8ipIs basiS, iadudinI IIIIII'Iy ...... for wf\idI liability is assumad onder any ioàdantaI -"'<I roilltlnl to such pmnIS8S or _ationS, but ududin¡ IIIIII'Iy ""'10 - included in subpa"lflllh (2) batow; (2) all IIIIII'Iydamap I(isinl out of and oa:urrinc in tile course øf GIIfItions performed for tile ...... -- by incIapand- l1li contracton and ¡entlJ1 _rvision tIIantOf by tile II8IId ÌIIIIØId, illdudin¡ any such IIIIII'Iy cia..... for wflidlliabili. ty is assanoad under any iIcidIIIIII CIIIInct ntIatin& III such IIfIÖOIIS. but this subparalJlllh (2) dDas nat include ".... 1ItJ....... arisinc øot of maintenallCll or rooairS at premisas IIII1Ied by or rIIII8d to till 1IIIIIIII ÎIIIIØIIf or sIJuctonI ....... lions at such pnmitIS wtIich do not ....... dIan&i"I tile sial of or ....... buiIdin&S or otIIaf structures; (3) W ~ OIefltions insurIIICI is 8fIordad. II ...., Injary and IIIIII'Iy ...... inctudad within till ... iliad DIIII!ions IwIrd and Id I8Iy iajury and IIIIIIty ...... included withIn tile products IImrd; (4) W Contractual Liability Insurance is afforded, all IIIIIf!y """ for wflich liability is assumed under any contract 10 wflich the ContractUilliability In..rance llllies. Such III"'llte limit shill - _rallly: 0) to the IIIIII'Iy clamap described in subparallaphs 0) and (2) and _railly with respect III uch projIct away from premises owned by or rentad to tile .... -rill; Oi) to till sum of tile clamaces for all IIadIIy Ioury and IIIIII'Iy clarnall' described in sub)I"I(lph (3); and (üi) III tho pnIIIrty clamqe described in sub\IIfIlraph (4) and _rattly wilh respect to uc/I project awlY fnIm IIIIIIÌSIS owned by or ...tad to till ..... iIIIIoIId. (c) For tile purpose øf datermininc tile limn of tile c:IIIIIIIIII\"s 1iaIIiIity, III ...., injury and IIIIII'Iy ...... lrisinl øot øf continuous or _ted uposunt tllSOIbstantial1y tile sarno pnerll condilion shin be considered IS arisin¡ out of one .....- COVERAGE PART OWNERS' ANO CONTRACTORS' PROTECTIVE LIABILITY INSURANCE COVERAGE FOR OPERATIONS OF DESIGNATED CONTRACTOR l64t4 ([01.13\ For attachment to Policy No. , to complete said policy. ADDITIDNAL DECLARATIDNS Designation of Contractor ".". .now> Hasty Fowler Construction, Inc. Mailing Address ".". .now, 501 Cactus Lane, San Angelo, Texas location of Covered Operations ".... mow, 76903 .-Denton, Texas IxJ Check here if the following provision Is applicable: The person or organization designated above as the Contractor has undertaken to pay the premium for this policy and shall be entitled to receive any return premiums, If any, which may become payable under the terms of this policy. SCHEDULE The insurance afforded is only with respect to such of the following Coverages as are indicated by specific premium charge or charges. The limit of the company's liability against each such Coverage shall be as stated herein, subject to all the terms of this policy having reference thereto. Coverages limits of liability Premium Bases Rates Advance Premiums See GL 99-17 Cost $100 of cost A Bodily Injury liability $ each occurrence $ , ~ ^'~ $ n47 $ 71 B-Property Damage liability $ each occurrence 1$ aggregate $ $ n?R $ ~1 Form numbers of endorsements attached at issue $ I Total Advance Premium $ 124. When used as a premium basis: "cost" means the total cost to the named insured with respect to operations performed for the named insured during the policy period by independent contractors of all work let or sub.let in connection with eacr specific project, including the cost of all labor, materials and equipment furnished, used or delivered for use In the execution of such work, whether furnished by the owner, contractor or subcontractor, including all fees, allowances, bonuses or commissions made, paid or due. I. COVERAGE A-BODILY INJURY LIABILITY COVERAGE B-PROPERTY DAMAGE LIABILITY The company will pay on behalf of the insured all sums which the insured shall become legally obligated to pay as damages because of A. bodily injury or B. property damage to. which this policy applies. caused by an occurrence and arising out of m opera. tlons performed for the named insured by the contractor designated in the dec. larations at the location designated therein or 121 acts or omissions of the named insured In connection with his general supervision of such operations" and the company shall have the right and duty to defend any suit against the insured seeking . suit are groundiess, fa se or rau ulent, and may make lement of any claim or suit as it deems expedient, but the company shall not be obligated to pay any cleim or judgment or to defend any suit after the applicable limit of the company's liability has been exhausted by payment of ¡udgments or seftlements. Exclusions This policy does not apply: lal to liability assumed by the insured under any contract or agreement except an incidental contract; but this exclusion does not apply to a warranty that work performed by the designated contractor will be done in a workmanlike manner; Ibl to bodily injury or property damage occurring after m all work on the project lother than service, maintenance or repairsl to be performed by or on behalf of the named insured at the site of the covered operations has been completed or 121 that portion of the designated contractor's work out of which the injury or damage arises has been put to its intended use by any person or organiza. tion other than another contractor or subcontractor engaged in performing operations for a principai as a part of the same project; lei to bodily injury or property damage arising out of any act or omission of the named insured or any of his employees, other than general supervision of work performed for the named insured by the designated contractor; Idl to any obligation for which the insured or any carrier as his insurer may be held liabie under any workmen's compensation, unemployment compensation or disability benefits law. or under any similar law; lei to bodily injury fo any employee of the insured an sing out of and in the course of his employment by the insured or to any obligation of the insured to indemnify another because of damages arising out of such injury; but this exclusion does not apply to liability assumed by fhe insured under an incidental contract; 1ft to property damage to .m property owned or occupied by or rented to fhe insured, 12) property used by the insured, 131 property in the care, custody or control of the insured or as to which the Insured is for any purpose exercising physical control, or 141 work performed for the insured by the designated contractor; Ig) to bodily injury 01 property damage due to war, whether or not declared, civil war, Insurrection, rebellion or revolution or to any act or condition incident to any of the foregoing, with respect to m liability assumed by the insured under an incidental contract. or 121 expenses for first aid under the Supplementary Payments provision of the policy; Ihl to bodily injury or property damage arising out of m the ownership, malnte. nance, operation, use, loading or unloading of any mobile equipment while being used in any prearranged or organized racing, speed or demolition contest or in any stunting activity or in practice or preparation for any such contest or activity or 121 the operation or use of any snowmobile or trailer designed for use therewith; (j) ~~le~~~IV~~~p~r o¡r:~~~, ~~:;~~ :~~~~~u~~;,0~c1~~, ~li~r;,g~ox1~s~~~~:: cals, liquids or gases, waste materials or other irritants, contaminants or pollutants into or upon land. the atmosphere or any water course or body of water; but this exclusion does not apply if such discharge, dispersal, release or escape is sudden and accidental; Iii to loss of use of tangible property which has not been physicaily injured or destroyed resulting from II} a delay in or lack of performance by or on behalf of the named insured of any contract or agreement, or 121 the failure of the named insured's products or work performed by or on loverl . - ,~;, ';::'-', :~:,,' -..., " ",":"", ", ,,'" ",' """""-,' s "'" """Ct-' ': :""""" or """,";, LIABiliTY Gl ¡O JZ Õ:, J: ,:1 AME~OA;aAY .~OORSt~E~T l;¡;! :E, :'.: ; :h" """"",,, ~00'¡'" ¡u," :ns.ranee " :s a"'rm oy t" ;rovlSIOns " t,. ,o"~: '"at", t, ", ",Io",n" : CDNP~r.iE~SIVE ¡E~E,Al LIABILITY INSURANCE :iANUFACnlREJlS' :.HO CONTRACTORS' lI,UILITY INSURANCE OWNE<S', l,INDlQRDS' ~ND :t.~ANTS' liABILITY INSURANCE QWtlEIIS' .\HD CDNT'i!AC;QRS' PRDTtWVE :.lABILITY INSURANCE mRmmA'S INSURANCE SlIP lIABILITY INSURANCE This ,noors"",n:. ,tfee:;" . forms a pan " poiicy No, 112'" , >, ...... "'" ",-,',~"'" """ -, "'-"';¡ issued :0 by -'- ~isa¡reooJthattllt!Jtiusionrel.tin,~lIodiIyiajury:oany'mal"..oftl1eillSlU!llisd...t..andr!tllacedIr¡::t,'ollowin¡, This insurance does not aap~, (i) to bodily injury :0 any .moloyeo :f tilt i_red ansin, out oi ano in :h, :curse ,f his .mol"""e", Irf :tie insured 'or which the inSllted may !>e ,"' liaale as an 'malaver or in any other caoaci1'¡; 1m :0 any ooiiianon 01 the i...red :c i""emoily or contnOUIe "'¡th '"0"" :oetause of damal" ansini out oi tile lledily injury; 11 (im 10 Codily injury su.-.ain.. by th, soauso, c.iild, ,mOl !>tctb", " sister of an 'maloyeo at "" insured as a consequente of IIoIIily injury 10 sucll .mOlO,' ,"SlOi ,ut at ano '" tne :ours, of ius ""aiayment ., :he iasured, This "",."on 3O0ii,. :0 ail :ISlms ano suits by any oenan " "iani!:!tion tor ;amai" because ,f such lledi!y injury inciudini;ama". for ;are ana 10: oj serviceS, This "",uSlon does nOl ¡op~ :0 ;;aoilir/ a1Sllmec IIy :I'f insured '"'" an incident:ll ccntnct U~~';;'~:I _-:-':;;-' , C""'in:. 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'azul . ftd~' . 1IoG1tIdoTStIIItIIt........", lit flier II*' 8111/.l18li .........-- iIItt.~.. Ilk. 1IIIIIU -,.'" ,taltlllltflOll (l1li fII;toit¡lIØUIiIoI iI~ III) ......~ iI""'~" pcpatltilll""") ("or~ tlltttool fIq . . ~!IIIID 8aIÞId ..... . . 08dt~ ., . . ~='aG 1It.<lIInIIl'" I . . . .. ~ 8IIddoII" -*" . ........ lit ~ II . ..,-,. ID .. .... . COIIPIWIEHSlVlClNEUL uaaJ\.ft"f IIISURANCI . ~ UUIUfUICSUUNCI . 8fJNfAC1UllØll"~ uøauly ICSUaANCI ..8IIN£1tS aND ~ fIIØIICTI'II uua.m IfCSUItANCi GllNPI. ~ -1IJ(ØI1I1JØI1,II'f IdUUNCI .' . ~~-===. . ~ tPOUUMII øa.U11D18 '" . '. '" . ÎI ...- thIt .. ezcMÏO" -- to .. Ad88L ---. ...... "8IC8fI II IIIIÑ. .aport."" ~ limes. ecidI. 8Ik81iL tIøiC .HIT' r ....." pIlL -- lftIterilb" IIN' irriI8ntL ~ "pollY- ¡ tints" ..pI8ced ".. faIIDwiI8: . . (I) to ~ ~ " ~....... .,.. out II" 8CIUII. ....., "tIWu1eNC1cJiid18rp. 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" --- trftal'lt .. ~.';'..IIL ...... pIIOke. ..,or. .1IDOt. . . limeS. 8Cid$. llkalil.. ctllmicØ.'" -'.. Wute ~ II'IIteriñ tD 118 IEJdId. f8CIINSitíanld . ~d. . , (Th' ,"'chI., CI.... ..,d .. com,I,t'd OIly ...,. 101, ..do..,m," Is Issued sub..ou,.t to ",....,;" of th, ..Hey.) UABllITY Gl 01 03 (Ed. 05 73" ISO G525 AMENDATORY ENDORSEMENT - NOTICE (tms! l612B (Ed. 5-73) This endorsement, effective (12,01 ,. M.. su.d.", tlm,) , forms a part of policy No. issued to by """"'Äüih,riiO""'öi,...iiàïi;,m As respects bodily inlury liability coverage and p""erty do....e liability coverage, unless the company is prejudiced by the insured's failure to comply witb the ,equirement, any provision of this policy requiring the insured to give notice of action, ...umnce or loss, or requiring the i...red to for- ward demands, notices, summons or other legal process, shall not bar liability under this policy. OÄ~~~i¡¡:~ëg ,.,-..-",., .'r I Th. """'" "".. 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" ... 001"" LlABlllT't Gl 11 IU ([d, 07 661 G304 EXCLUSION tCompl,uø Oomlions Hu:ord and Products Hw,d) 19141 rEd, ,..., This enac."m"t mca,l", 'v," Insuran" as ,s a~"'eo by tho Ora"sIC" at tho pot Icy rolatlng ta tho fallawing, COMPREHEHSIVE GENERAL LIABILITY IHSURANCE This endor"m.nt. .Hect"e ¡¡2.al' M, "'""" I'm. farms a part at policy No, issued to by "'Ä;ï'ö,;";ï.......,iiï;;¡':"""'" It is agreed that such insurane. as is aHordêd by the Bodily Injury liability Coverage and the Property OamageUability Coverage does not apply ta bldily injury or property darnagl ine/ud.d within the Clmp/.lld Operations Nwrd or the Product< Hu:o,d. ~ 'AIUO aJnpnJ)s -qns jO uolja(dwoo OJ dn ~JOM ajanuoo JO AJuosew 'UOIj -"e"a'ZUIAlJpal'dZulpnJul-sZUIPllnqJOjSUOljepUnOljON , , , , "~~ OJnpnJjs-qns jO UOIjaldwoo OJ dn ~JOM alamoo JO AJuosew 'UOIleA"" 'ZUIAlJp al'd ZUlpnIOUI-sZUIPllnq JOj suoljepunoJ '~JOM uoss!e3 ox,88L1 'SJ"dJOsuwnloo'SUOII -epunO¡'SlIeMjOZUIPllnqaJJOleAGwOJ'ZulJousleluapIJUIZul uoII"eOX] -pnIJUI-~u!uu!dJapun JO ~u!^,W '~u!s!eu aJnpnJIS JO ~U!PI!nB (SnOB WAS ONV "ON ]003 NOllV31JISSm 'SN0I1VU]dO jO NOlldl~3S]0 ,~.. 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Oii operation. Plumbing-gas. steam, hot water or other pipe titling-includ- ing house connections, shop and retail stores or display rooms 17185u Quar(ies-including the operation ot crushers 1400h Railroad Construction-including laying, relaying or removal ot tracks or maintenance ot ways by contractors. 16215, Salvage Operations-including incidental wrecking, shoring or other structural work, the handling ot machinery in damaged buildings.andsalesmenorclericalatsiteofwrecking.11885'c Sand or G(avel Digging-no canal, sewer, cellar excavation or underground mining . 14001' Septic Tank Systems-cleaning-installation, maintenance or repair-including house connections. shop and retail stores or display rooms . .' 17181u Sewer Mains or Connections Construction-including tunneling at street crossings. .' . 16225xcu Shaft Sinking-including pile driving, excavation, concrete work or lining. 16235xcu Steam Heating or Power Companies-not electric-including outside salesmen, collectors and meter readers-including completed operations except with respect to the installation. servicing. 01 repair ot appliances. ... 49610xcu Steam Mains or Connections Construction-including tunneling at street crossings. 16225xcu Stone C(ushing. 32905, 49222, 46100xz Street o( Road Construction or Reconstruction-clearing of right-of-way, excavation. filling or grading. bridge or culvert building 16115xcu Street or Road Paving or Repaving. Surfacing or Resurfacing or Scraping 16125xcu Subway Construction 16205xcu Swimming Pools-below ground-installation, servicing or re- pair 1 7802,cu Telephone or lelegraph Companies-including outside sales- men. collectors. messengers and clerical. 48110u lelephone, Telegraph or Ala(m line Construction 16245xcu Tunneling-including lining 16235,cu Underpinning 8ulldings or Structures-including incidental shoring, removal or rebuilding of walls. foundations, columns or piers . . . 11885xc Water Mains or Connections Construction-Including tunneling at. street crossings. 16225'cu Waterworks-Including outside salesmen, collectors and meter readers-including completed operations, except with respect to the installation. servicing or repair of appliances 4941hcu 17785, Welding or Cutting Wrecking, Dismantling.of pre-fabricated dwellings not exceeding three stonesinheighlforre-erection...... . 1181hc Wrecking Buildings or Structures-not marine-including salesmenorclericalatsiteotwrecking. . 17822,c ]., 1 .¡. I , IL 00 18 (Ed. 1084) AIIENDA TORY ENDORSEMENT PREJUDGMENT IIfT£R£ST The followin& is added to the SuPflernentary P.~ ~iSion in thiŠ policy: The ~ny will pay. in ~itian to the appliablelimit of Ii8birlty. prejud¡rnent interest awarded aaainst the .....,. an that part of the jud¡ment the Company pays. lithe Company makes 81'1 offer to pay the appliable limit of its liIbiIity. the Company will not pay 8I'Iy prejud¡ment interest b8Sed an that period of time after the offer. , ~ i t . "",.'"'0"."",-"" ' "',"""""""'..:.'.".", I"~ ð 1-otf ð' CONTRACT AGREEMENT STATE OF TEXAS )( COUNTY OF DENTON )( THIS AGREEMENT, made and entered into this ...l!L day of A.D., 19~, by and between THE CITY OF DENTON, TEXAS MARCH of the County of DENTON and State of Texas, acting through LLOYD V. HARRELL, CITY MANAGER thereunto duly authorized so to do, Party of the First Part, hereinafter termed the OWNER, and HASTY-FOWLER CONSTRUCTION, INC. RICKY FOWLER, PRESIDENT 501 CACTUS LANE of the City of and state of SAN ANGELO TEXAS , County of TOM GREEN , Party of the Second Part, hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the Party of the First part (OWNER), and under the conditions expressed in the bonds bearing even date herewith, the said Party of the Second Part (CONTRACTOR) hereby agrees with the said Party of the First Part (OWNER) to commence and complete the construction of certain improvements described as follows: BID# 9720 - SAVANNAH TRAIL 8" WATERLINE PURCHASE ORDER# - $38.704.50 and all extra work in connection therewith, under the terms as stated in the General Conditions of the agreement; and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the said construction, in accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance with all the General Conditions of the Agreement, the Special' Conditions, the Notice to Bidders (Advertisement for Bids), Instructions to Bidders, and the Performance and Payment Bonds, all attached hereto, and in accordance with the plans, which includes all maps, plats, blueprints, and other drawings and printed or CA-I 0O44b written' explanatory matter thereof, and the Specifications prepared by CITY OF DENTON ENGINEERING DEPARTMENT therefore; as , 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: ~.' )(l t:tJu^ ¡1~ . (. ,~ ~:,- (SEAL) ATTEST: tiary Sue Hasty, Sec. -;Z:At ~.,/ Party ~f the Second Part, CONTRACTOR ~'Î .N,-~ JL By Ricky Fowler President Title " (SEAL) ~I'~OV. ED AS TO FORM: "---L-, dJ~ Fl~vl City Attorney '- CA-2 0O44b PERFORMANCE BOND STATE OF TEXAS )( COUNTY OF nFNTON ) ( KNOW ALL MEN BY THESE PRESENTS: That Hasty-Fowler Construction, Inc. , of the City of ~aIl i\ll~e~U, <eX"b County of ~A~ r~DD" , and State of Texas as PRINCIPAL, and F~d~lHJ L B.~§"it ç:8mpa"~ ~C M~~~,'~"" , as SURETY, authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto the THE CITY OF DENTON. TEXAS as OWNER, in the penal sum of THRITY EIGHT THOUSAND SEVEN HUNDRED FOUR DOLLARS AND FIFTY CENTS Dollars ($ 38,704.50 ) for the payment whereof, the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the OWNER, dated the --!!!.. day of MARCH, 19.J!Z" for the construction of BIDI 9720 - SAVANNAH TRAIL 8" WATERLINE which contract is hereby referred to and made a dpart hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, the condition of this obligation is such, that if the said principal shall faithfully perform said Contract and shall in all respects, conditions and agreements in and by said contract agreed and covenanted by the Principal to be observed and performed, and according to the true intent and meaning of said Contract and the Plans and Specifications hereto annexed, then this obligation shall be void: otherwise to remain in full force and effect; PB-l PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended by acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. PROVIDED FURTHER, that if any legal action be filed upon this bond,. venue shall lie in Denton County, State of Texas. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change. extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 19 day of March , 19~ Hastv Fowler Construction. Inc. Principal Fidelitv and Deposit Company of Maryland Surety By il:ty Mt- ~-r12 . ,~ ~ Title President Title Attorney-in-fact Address 501 Cactus Lane Address 12222 Merit Suite 1360 S"" A"pplo TpXAS DAllAs. TexAs 7')2')] , \ (SEAL) (SEAL) The name' and. address of the Resident Agent of Surety is: Herbert R. Heard I Fields Stewart Dolliver P.O. Box 1111 San Angelo, Texas 76902 NaIE: Date of Bond must not be prior to date of Contract. PB-2 009lb The ~ Companies FIDELITY Ú'¡D DEPOSIT COMPANY OF MARYLAND FIDELITY AND DEPOSIT COMPANY HOME OFFICES, BALTIMORE. MD. 21203 POWER OF ATTORNEY KNOW ALL MEN By THESE PRESENTS: That the FIDEUTY AND DEPOSIT COMPANY OF MARYLAND, and the FIDELITY AND DEPOSIT COMPANY, corporations of the State of Maryland, by C, M, PECOT, JR, , Vice.President, and C. W. ROBBINS, Assistant Secretary, in' pursuance of authority granted by Article VI, Section 2 of the respective By. Laws of said Compsnies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect of the date thereof, do hereby nominate, constitute, and appoint Robert L. Fields, Don W. Stewart, Roger M. Doll iver, Herbert R. Heard, J. Marshall Huling, Walter N. Rodgers and Marie Walters, all of San Angelo, Texas, EACH.................,... t e true and lawful agent and Attorney-in-Fact of each, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings... EXCEPT bonds on behal f of Independent Executors, Community Survivors and Community Guardians....,.,... n the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the respective Companies at their offiées in Baltimore, Md., in their own proper persons. This power of attorney revokes that issued on behalf of Robert L. Fields, etal, dated, August 9, 1984. IN WITNESS WHEREOF, the said Vice-Presidents and Assistant Secretaries have hereunto subscribed their names and affixed the Corporate Seals o.f the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the FIDELITY AND DEPOSIT COMPANY this ................t~.t\1........................................ day of............,...."-.\!1'.\!.H................................,A.D. 19.85:.......... ArrEST, ~ ~ e ~~R;;:'ND:E_:,~7!;;!~....-- 04"'-"",,' Se"""'Y ~ DE~~P,uidmt J2~r1d~.F'"~~f~::;;;:~.mm A......., se",""Y Viu.P,uidmt STATE or MARYLAND ¡ CITY or BALTIMORE j '" Onlhi, 19th dayo( August .A.D.I985.befo<elheoub",a,...aNoluyPubHcnltheSlaleofMuyland,in and ~ É~J¡jsWY C~ ~ ~NŸ'O ;~~ RYL~~to::1 Ihed F\õ~ri~ c~NDI tÊ¡'~šiTêo~ :AÑ:.'~:i~:n;~:,:~~i;ik~:::':'t::;~:a i~~: ~id~~~ ~~J.;:'~~ d""ib.d hmin and who executed Ihe p<eceding in...umenl. and Ihey each acknowledged Ihe execulion of Ihe aame, and being:.r me duly 'WOln, :~;~;:~:~~~I:a~~erc.~~~:::~ t~ì'::~h ':~dd è:~~i:~~ ~~~ ~í,ea~ ~¡,~a:idft:;:~~I~hs.<:t;".":;:he:: ~;:~:,:::: ::':~:m.~1:(~:<e ~~II::¡;:;'.dd~~ ,ub...ibed 10 ,he aaid in"..menl by Ih. aulbolily and di<eclion of Ihe aaid Co,po,alion,. wli";~. TESTIMONY WHEREOF, I hae" hmunlo..1 my hand and ama«l =~(Q.~~?-?;:~.~=:.~::'.=~.~ .... ~~ ~bIk - . <. . My commission expires --..:l.\!J.Y...J.LJ~.(!,§..--...m..--...m. CERTIFICATE I. Ih. und...ign.d A..i"anl s."..alY o( Ih. FIDELITY AND DEPOSIT COMPANY OF MARYLAND and Ihe FIDELITY AND DEPOSIT COMPANY do h~"by c"tify Ihal Ih. o,;ginaIPow" o( AII~IO'y oh,hich Ih. (ol'l!°ing i. a (ull.lln. ond co".et copy. i, in (ull fo... and .(fecl o~ 110. da.. o( Ihi, w,,(ica..: and I do (ullh" wl,fy lhol Ih. Voc"p,..,d.n" who .a"ul«l Ih. ..,d Pow" o( AllolO'y Will V,ce,P""den" ifÉÍ'a~ ~r:togËt;~I'~COåMt~~ilÖFc~~RIŸ~~bn~~d~::'ríöÊI¡~~~jj bË~~S:~n tó~c~~~\ Soclion 2 oflh. ,..pocl;.. By.Law, of Ih. FI ELI . Thi, ",Iific". may b. ,ign.d by fa..imil. und" and hy aulho,;ly of ,,"olulion. of Ih. Bo..d of Di"clo" o( Ih. FIDEUTY AND DEPOSIT g~~ó;I~~g~~:~J~t~~.:I,;'n:d~~~n~a~I~1 ~~~I¡'~ldn~nh:~~ 2~~hd'a~6~r ~:~.%t:;iá~9 and o( Ih. Bo..d of Di"eto" o( Ih. FIDELITY AND RESOLVED, "Th" Ih.fa¿.imil. 01 m~chan;c.lly "plOducod 'talu"ofany A..i"anl s.""alY o(lh.Company. wh..h.. mad. hmlofo"ol ~~;~at~:';.:.'~:,::' :~S:fí~:~ ~!"'.ho:~~'~~:~:Iì'::f~.:dy.row" ° a"olO.y ,..u.d by Ih. Company. ,hall be .ahd and b,nd'ng upon Ih. Company IN TESTIMONY WHEREOF. I hoy. h...unlo ,ub...ibed my nam.andaffi..d Ih.co,p.......al,oflh. oaid Compani... Ihi'......1.9th... day of... March ..., 19....~? 1.1"'0""-",,.-168-6756 FOR YOUR PROTECTION LOOK FOR THE F&D WATERMARK EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Peesident,oe any Executive Vice-Peesidents, oe any of the Senioe Vice-Peesidents oe Vice-Presidents specially authocized so to do by the Boaed of Dieectocs oe by the Executive Committee, shall have powee, by and with the conculT- ence of the Secretary oe anyone of Assistant Secretaeies, to appoint Resident Vice-Peesidents, Assistant Vice-Peesidents, and At- tocnies-in-Fact as the business of the Company may eequiee, oe to authoeize any pecson oe pecsons to execute on behalf of the Company any bonds, undertakings, eecognizances, stipulations, policies, conteacts, ageeements, deeds, and eeIeases and assignments of judgments, deceees, mortgages and instcuments in the natuee of moctgages, and also all otheeinstcumentsand documents which the business of the Company may requiee, and to affix the seal of the Company theeeto." EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY "Article VI, Section 2. The Peesident, oe anyone of the Executive Vice-Peesidents, oe anyone of the additional Vice-Peesidents specially authocized so to do by the Boaed of Dieectocs oe by the Executive Committee, shall have powee, by and with the con- culTenee or the Seeretary oe anyone of the Assistant Secretaeies, to appoint Resident Vice-Peesidents, Assistant Vice-Peesidents, Resident Assistant Seeeetacies and Attocneys-in-Fact as the business of the Company may eequiee, oe to authocize any pecson oe pee- sons to execute on behalf of the Company any bonds, undertakings, eecognizances, stipulations, policies, conteacts, ageeements, deeds, and eeleases and assignments of judgments, deceees, mortgages and instcuments in the natuee of mortgages, and also all othee in- stcuments and documents which the business of the Company may eequiee, and to affix the seal of the Company thereto." PAYJ.IENT BOND STATE OF TEXAS )( COUNTY OF DEnTon )( KNOW ALL MEN BY THESE PRESENTS: That HASTY FOWLER CONSTRUCTIon, Inc. of the City of County of Tom Green, and State of Fidelity and Deposit Company of Maryland San Anqelo Texas , 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 THIRTY EIGHT THOUSAND SEVEN HUnDRED FOUR DOLLARS AnD FIFTY CEnTS Dollars ($ 38,704.50 for. the payment whereof, the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, by thes presents: WHEREAS, the Principal has entered into a certain written contract wi th the Owner, da ted the -.!.!L- day of , MARCH , 19 !!z.- BIDII 9720 - SAVAnnAH TRAIL 8" WATERLINE to which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION'OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosection of the work provid¡!d 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 ~ day of March , 19~. Hastv-Fowler Construction, Inc. Principal Fidelity & Deposit Company of maryland Surety By ~ 7foJ- J.~../.e«.;1f-i2. 1.. ,,4-( '" Title -President Title Attorney-in-Fact Address 501 Cactus Lane Address 12222 Merit Drive. Suite 1360 San An¡;elo, Texas 76903 Dallas, Texas 75251 , . ,- , (SEAL)-; (SEAL) The name and address of the Resident Agent of Surety is: Herbert R. Heard/ Fields-Stewart-Dolliver P.O. Box 1111. San Angelo, Texas 76902 PB-4 0092b The m@) Companies FIDELITY Úm DEPOSIT COMPANY OF MARYLAND FIDELITY AND DEPOSIT COMPANY HOME OFFICES, BALTIMORE. MD. 2t203 POWER OF ATTORNEY KNOW All MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the FIDELITY AND DEPOSIT COMPANY, corporations of the State of Maryland. by C. M. PECOT, JR. . Vice.President, and C. W. ROBBINS. Assistant Secretary, in pursuance of authority granted by Article VI, Section 2 of the respective By.Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect of the date thereof, do hereby nominate, constitute, and appoint Robert L. Fields, Don W.Stewart, Roger M. Dolliver, Herbert R. Heard, J. Marshall Huling, Walter N. Rodgers and Marie Walters, all of San Angelo, Texas, EACH.....................~ tlletrue and lawful agent and Attorney-in-Fact of each. to make, execute, seal and deliver. for. and on its behalf as surety, and as its act and deed: any and all bonds and undertakings... EXCEPT bonds on behal f of Independent Executors, Community Survivors and Community Guardians.......... n the execution of such bonds or undertakings in pursuance of these presents. shall be as binding upon said Companies, as fully and amply, to all intents and purposes. as if they had been duly executed and acknowledged by the regularly elected officers of the respective Companiea at their offices in Baltimore. Md., in their own proper 'persons. This power of attorney revokes that issued on behalf of Robert L. Fields, etal, dated, August 9, 1984. IN WITNESS WHEREOF, the said Vice.Presidents and Assistant Secretaries have hereunto subscribed their names and affixed the Corporate Seals o.f the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the FIDElITY AND DEPOSIT COMPANY this. ..........J.~.t.h.....................................--. day of............,...l\!iß!i.$X....--.............--...........,A.D. 19.8.5:......... ArrEST, ~ ~ ~ C~R:;:AN.D:E_:. =:~ï;;!!..~..... A..."""" s.",""Y p. DEP~'Pr.,¡,w" ....Q...~...R~.~............ FIDE::~.f;¡;¡':;;;¿~~................ A......... s."etary Viœ.Pr..uknt STATE or MASVLAND ¡ CITY OF BAtTINDS' ' '" Onlh;, 19th) daynl August .A.D.1985,befo"'he,uh,,,;be,.aNoluyPuhlicoflheS'a'eofMuyland.;nand ~ É ~'ö S W y c"Ó ~ ~ NY' Ô'; ~ ~ II). "ì.~ ~D 0::: l~nS\ Õ Mt ï14- c~::¡ ô I ~ Ê¡'~ Š iTêõ~ l ~ 'Nt;;;:: n ;:,:: ~~i;;k~: ~ ~:'~ a;~:, i~~: ~ [d ~ ~ ~~~~I~ ~ d"..ihed he..in and who ,aoeuled Ih, p....ding in"..menl. and Ih,y ...h acknowl,<føed Ihe "ceulion 01 Ihe ume. and being by me duly ,wo,". .....ally and each 10' him..lf d'po,,'h a~d ,ailh. Ihal Ih,y a.. Ih, ,aido((¡"" 01 Ihe Compani" ~Io~,uid. and Ihal Ihe ...Ioamaed 10 Ihe p~oeedi"8 in"..m,nl ... Ihe Co'po,a.. Seal, 01 u,d Compa..", and Ihal Ih, u,d Co'po,a.. Seal, and Ih", "gnalu", a, ,uch om.." w", duly alr.xed and 'ub",ibed 10 Ihe ..id in"'um,nl by Ihe aulhodly and di..etion 01 Ihe u;d Co'po,alion,. w'ill~~. TESTIMONY WHEREOF. I haov, h"eunlo .., my hand and amxed .~~~~.:~?-?;,.~~=:.~:~'..~:~: .... pr~ Public - a " . My commission expires ....:l.!!J.Y..l...J.9..(I,R..................,-- CERTIFICATE I. th, und",igned Aui"anl Semluy 01 Ih, FIDELITY AND DEPOSIT COMPANY OF MARYLAND and Ihe FIDElITY AND DEPOSIT COMPANY do h~..hy .."ily Ihal Ihe odginalPow" of Allo.'ney 01 ~h;ch Ihe fo"8oing;' a full,I..,.nd conecI copy, i, in full lo..eand ,ffoel o~ Ih, da" of Ihi, "",fica..; and I do lu"h" ""'Iy Ihal Ih, Voce.P""d,nto wh~ "oeUled Ih, uod P~w" 01 Allo,",y we" V..,.P""d,nto ifË¡'a.)!{ ~u~~oÖËt~~I~ê'b"M1~r:{~ÕFc~~R'yLXÑDn:~;;~::~íöEtIr:^~jj bEì','~S:Tn tó~c~Â~lÿ s.,,"on 2 oflhe "'pe<hv, By-uw, ollh, FI Ell , Thi, m,ifica" may be .ign,d by f...imil, und.. and by aulbo,i'y 01 ...olution, 01 Ihe Bo..d of Di"clo" of Ih, FIDELITY AND DEPOSIT g~~Ótl~~g~~::~~t:~'::i~:d~1~n~a11':1 :~~lh:Ídn~nh;~: 2~~~ea:~r ;:~e%t~:i~~9and of Ih, Bo..d 01 Di"cto" oflbe FIDELITY AND RESOLVED, "Th" Ihe fa¡,imil, 0' mechanically "pmdu..d ,ignatu.. of any A..i"anl Sem.a,y of Ihe Company. whath.. made h",lolo.. 0' h",afl", when,... app,a,ing upon a mlili,d copy 01 any pow.. 01 auo,"ey i..u,d by ,h, Company. ,hall be vahd and b;ndiUf! upon Ihe Company wilh ,h, ..m, fo.., and ,lleet a, Ihough manually alfixed.' 26 h IN TESTIMONY WHEREOF,I h.., h",unlo ,ub"dbed my nam'and a((¡xed Ihe co'p"'" ..al, ollh, uid Compani".lh;,............t....... day or... ...!1.".,.~.l1... '-"""T,,-<:.r.-168-6756 ...,19... ...8.7 FOR YOUR PROTECTION LOOK FOR THE F&D WATERMARK EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The President, or any Executive Vice-Presidents, or any of the Senior Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurr- ence of the Secretary or anyone of Assistant Secretaries, to appoint Resident Vice-Presidents, A,.istant Vice-Presidents, and At- tornies-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertakings, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgments, decrees, mortgages and instruments in the nature of mortgages, and also all other instrumentsanddocumentswhich the business of the Company may require, and to affix the seal of the Company thereto." EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY "Article VI, Section 2- The President, or anyone of the Executive Vice-Presidents, or anyone of the additional Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the con- currenc' of the Secretary or anyone of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents, Resident Assistant Secretaries and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or per- sons to execute on behalf of the Company any bonds, undertakings, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgments, decrees, mortgages and instruments in the nature of mortgages, and also all other in- struments and documents which the business of the Company may require, and to affix the seal of the Company thereto." MAINTENANCE BOND STATE OF TEXAS )( COUNTY OF DENTON ) ( KNOW ALL MEN BY THESE PRESENTS: THAT Hasty Fowler as Principal, and Fidelity and Deposit Company of Maryland a Corporation authorized to do business in the State of Texas, as Surety, do hereby acknowledge themselves to be held and bound to pay unto the City of Denton, A Municipal Corporation of the State of Texas, its successors and assigns~ at Denton, Denton County, Texas the sum of THREE THOUSAND EIGHT HUnDRED THIKTY DOLLARS AND FORTY FIVE CENTS Dollars ($ 3,830.45 ), 10% of the total amount of the contract for the payment of which sum said principal and surety do hereby bind themselves, their successors and asssigns, jointly and severally. Construction. Inc. This obligation is conditioned, however, that: WHEREAS, said Hasty Fowler Construction, Inc. has this day entered into a written contract with the said City of Denton to build and construct BID' 9720 - SAVANNAH TRAIL 8" WATER I INF which contract and the plans and specifications therein mentioned, adopted by the City of Denton, are filed with the City Secretary of said City and are hereby expressly incorporatd herein by reference and made a part hereof as though the same were written and set out in full herein, and: WHEREAS, under the said plans, specifications, and contract, it is provided that the Contractor will maintain and keep in good repair the work therein contracted to be done and performed for a period of one (l) 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, ~econstruct 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 (l) year, as herein and said contrac t provided, then these presents shall be null and void and have no further effect; otherwise, to remain in full force and effect. It is further agreed that this obligation shall be a. continuing one against the Principal and Surety and that successive recoveries may be had hereon for successive breaches of the conditions herein provided until the full amount of this bond shall have been exhausted, and it is further understood that the obligation to maintain said work shall continue throughout said maintenance period, and the same shall not be changed, diminished, or in any manner affected from any cause during said time. IN WITNESS WHEREOF the said Hasty-Fowler Construction, Inc. as Contractor and Principal, has caused these presents to be executed by Ricky Fowler President ' and the said Fiedlity and Deposit Company of Maryland as surety, has caused these presents to be executed by its Attorney-in-Fact Herbert R. Heard and the said Attorney-in-Fact has hereunto set his hand this 26th day of March , 19 87 . SURETY: PRINCIPAL: Fidelity and Deposit Co. of Maryland Hasty-Fowler Contruction, Inc. BY: Herbert R. Heard £... LA.- +1-7.. 18 '" "e ~in-Fac~ - Ricky Fowler, President ~ ~.A- " " - :.- ,j: . ,. , MB-2 0093b The m@ Companies FIDELITY Úm DEPOSIT COMPANY OF MARYLAND FIDELITY AND DEPOSIT COMPANY HOME OFFICES, BALTIMORE. MD. 2t203 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the FIDELITY AND DEPOSITCOMPANY,COrporationsoftheStateofMaryland,by C. M. PECOT, JR. ,Vice.President, and C. W. ROBBINS, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2 of the respective By. Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect of the date thereof, do hereby nominate, constitute, and appoint Robert L. Fields, Don W.Stewart, Roger M. Dolliver, Herbert R. Heard, J. Marshall Huling, Walter N. Rodgers and Marie Walters, all of San Angelo, Texas, EACH..................". t e true and lawful agent and Attorney-in.Fact of each, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings... EXCEPT bonds on behal f of Independent Executors, Community Survivors and Community Guardians.......... n the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the respective Companies at their offices in Baltimore, Md., in their own proper persons. This power of attorney revokes that issued on behalf of Robert L. Fields, etal, dated, August 9, 1984. IN WITNESS WHEREOF, the said Vice. Presidents and Assistant Secretaries have hereunto 8ub8cribed their names and affixed the Corporate Seals o,f the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the FIDELITY AND DEPOSIT COMPANY this """'hh'h.J~.Ç.h"'hh"""""""'hh"""""'" day of............,...b.!!2.!!.H.............nhh.............,A.D. 19.8.5:.......... AITEST, e e .c. ~... R;:=AN::E~:,~~~t;;!:;&.... A,,~'ant Semtary ~ DEPJ/""WUn' .... C...~. ..R ~.~. ....... ..... FI D E:~~ .f;;;;"';;;;;;:~...... ...... .... A......., Semtary Vk<.1+uiJool STATE or MARYLAND ¡ CmOrBAlTiMOOE f '" Onthi, 19th day or August .A.D.1985.be(mlhe,ub",ibe,.aNot..yPuhlicoltheSlaleo(M..yland.inand ~É~'ösWYc~ ~~Ny'õt~ ~RŸL~~Öo::: Ihned F\,¡;~rñ!v c~ND'teE¡'~šiTèå~: lNJ.'~:i~:n~:,:~~~ik~:~~:'~a;~:' i~~:~~d~~ ~~~r.7rt~~ de...ibed h",in .nd who executed Ihe p"ceding in,'mment. and they each ,cknowledged Ihe execution of Ihe ..me, and being by me duly ,wo,n. ..mally and each rm him..[ depo..,h and ,aith.lhallbey ""be ,aido((ic", of Ihe Compani" ~(o~e..id, and that Ihe ...1, arfi.ed 10 Ibe/i"ceding in","menl ... the Co'ponte Seal, or ..,d Compam". and that Ihe ..,d Co'ponte Seal, and the" '>gnalu", a, ,uch o(fic", we" duly a fi.ed and ,uh...ibed to Ihe ..id in","menl by the aulho,ily and dimlion o( Ihe ..id Co,ponlion'. wdlt~~. TESTIMONY WHEREOF. I haeve h..eunto ..1 my hand and a(fi.ed =y(Q..~~?-?;'~.~~:.~:::.::v.e .... pri;; ß.bIK - . <. . My commission expires ....:l.\!J.Y...J~..J9..(!,§..................... CERTIFICATE I. the und",igned A"i"anl Se"el"y o( tbe FIDELITY AND DEPOSIT COMPANY OF MARYLAND and Ihe FIDELITY AND DEPOSIT COMPANY do h",by wlify that the o,iginaIPow.. o( Atwney oh,hich Ihe (o,egoing i, a rull.."ue and co"eot copy. i, in roll ro..e a~d e((eol on the da.. o( Ihi, wti(ica..; and I do ru..h.. wl'(y thallhe V,ce.P""dento wh~ executed Ihe ..,d P~w.. or Altomey we" Voce.p""dento if"".J!{ ~-;:togËt8~1';c'l>~t¡NrloFc~~R'Y~ÑDn::;¡~~:~íDÊ!L;Tf~~õ bEPtslTn tÓ:,'#~~ly s."..on 2 or,he "'pee..ve By.Law, o(the FI ELI , Thi, ""irica" m.y be ,igned by (...imile und.. and hy .ulho,ily or ...olution' o( Ihe Bo..d o( Di"clo" o( the FIDELITY AroiD DEPOSIT ¡¡~~ÓsW~g~~:~;~~:~e~~i~:d~\~n~a11~1 ~:~i.:~n~nh;~~ 2~t¡a:~~ ;~~eo~I:::iJ~ .nd o( the Bo..d o( Dimlo" o( Ihe FIDELITY AND RESOLVED, "That thera¿,imile °' mech.nically "p,"duced ,ignatu"orany A"i"an' Seml..y o(lheCompany. whelhe< made h""o(o" °' h",.h... whenem .ppeadng upon' ce..;ried copy o( any pow.. o( a"o..ey i..ued by Ihe Company. ,hall be vahd and bond,ng upon Ihe Company wi,h,he..melo..eandel(ecla..houghmanuallya(fixed.'. .. . 26th IN TESTIMONY WHEREOF. I have h",unto,ub,..ibed my name and arr"ed the cmponte~al,o(the ...d Compano". Ih"..................... ... d.yor... March 1.I",.rTXI-(,,-168-6756 ...,19....?L FOR YOUR PROTECTION LOOK FOR THE F&D WATERMARK EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The President, or any Executive Vice-Presidents, or any of the Senior Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurr- ence of the Secretary or anyone of Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents, and At- tornies-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertakings, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgments, decrees, mortgages and instruments in the nature of mortgages, and also all other instruments and documents which the business of the Company may require, and to affix the seal of the Company thereto." EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY "Article VI, Section 2. The President, or anyone of the Executive Vice-Presidents, or anyone of the additional Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the con- currence of the Secretary or anyone of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents, Resident Assistant Secretaries and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or per- sons to execute on behalf of the Company any bonds, undertakings, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgments, decrees, mortgages and instruments in the nature of mortgages, and also all otber in- struments and documents which the business of the Company may require, and to affix the seal of the Company thereto," CITY OF DENTON MINIMUM INSURANCE REQUIREMENTS INSURANCE: Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted wor k and/or mater ial has been completed/delivered and accepted by the Ci ty 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: 0 Thirty (30) days advance written cancellation shall be given; notice of material change or 0 The City of Denton shall be an additional policies. named insured on all 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: 0 0 Workmen's Compensation - Statutory 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: 0 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 ¡>age two To the extent that the Contractor's work, or work under his direction, may require blasting, ex¡>losive conditions, or underground o¡>erations, the com¡>rehensive general liability coverage shall contain no exclusion relative to blasting, explosion, colla¡>se of buildings, or damage to underground ¡>ro¡>erty. The liability limits shall not be less than: 0 A combined single limit of $500,000 IV. Owner's Protective Liability Insurance Policy. This insurance shall provide coverage for the Owner and its employees, in the name of the City of Denton, for liability that may be imposed arising out of the work being performed by the Contractor. This also includes liability arising out of the omissions or supervisory acts of the Owner. Although this insurance is strictly for the benefit of the Owner, the Contractor is responsible for obtaining it at his expense. The liability limits shall not be less than: 0 A combined single limit of $500,000 INSURANCE SUMMARY: The Contract shall provide insurance to cover operating hazards dur ing 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. A¡>proval 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 wri tten notice of cancellation, non -renewal, or mater ial 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. ~ Contractor shall not begin any work until the Owner has reviewed and approved the insurance certificates and so notified the contractor directly in writing. Any notice to proceed that is issued shall be subject to such approval by the Owner. CI-2 01/13/87 CERTIFICATE OF INSURANCE CITY OF DENTON N- and Address of Þqø¡n¡cy City of Denton Reference: Fields Stewart Dolliver Project Name: SAVANNAH TRAIL 8" WATERLINE P.o. Box 1111 Project No: BID# 9720 San Angelo, Texas Phone 915-655-5656 Project Location: CITY OF DENTON Managing Dept: PURCHASING DEPARTMENT ~ and Address of Insured: ~Ies Affording Coverag8: Hasty Fowler Construction, Inc. A United States Fire Insurance Company 501 Cactus Lane B San Angelo, Tx Phone 915-655-6422 C This Is 10 certify 11I8't pol Icl- of Insurance t I steel below have ~ Iss.- and are In force at tills tlll8. ~y T- of Insurance Policy Number Expiration LI",lts of Liability Latter Date In Thousands (000) A Cœpr8l8nslve 68neral Liability 5408444259 3/16/88 Occurrence x - Occurrence - Claims MadII (see f2-reversa) Bodily Injury $ A Broad Fom 10 Incl....: Property Dan\8g8 $ x - P....,I ses/Operatlons x - I ndependent Contractors x - Products/Cœpleted Operations Bodily Injury and Proper1'y x - Personal Injury Dan\8g8 Canb I ned $ 500 x - Contractual LIability (see tI-reverse) x - Explosion and Collapse Hazard x - Underground Hazard Host - Liquor Liability Coverag8 x - Fire l.agal LIability (see '3-reverse) I x - Broad Form Property Dan\ag8 - Professional Errors/OIIIlsslons - occurrence - claims made (see '2-reverse) A Cœpr8l8nslve Autaoabl18 5408444ÜY 37T57 ð{S Bod I IV Injury/Person $ Liability BodIIV Injury/Accident $ x - OwnedILaased Autcndliles Property Damage $ x - Non--...d Autcndliles x - Hired Autcndliles Bodily Injury/Proper1'y Damage Canb I ned $ 500 A - 1IarIc8rs' ecq.nsatlon and 083608556 3/16/88 ~tatutory Amount &fIloy.rs' Liability 100 eac: ace, Ot'- 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. ~ and address of Certlffca18 Holder. 3/19/87 mY œ ŒNI'(}, 'IECAS RJIOIASllI; AŒNr 'XJ1-B 'IECAS Sf ŒNI'(} ,TIC 76aJ1 Jo~~AJ,~~ cil~rrI( s;E B\D!KE <F aNJrrI[N) CN øg;: cr-4 1ImCIÐ. .('j6g CI-3 CONDITIONS AIDmŒAL 1lBIRfD: TIE City r:t: Dentm, its elected ax! aw:rtnted officials, off1œrs ax! arp].Cfýæ5. ('Ibis <Des rot <JR)ly to W::riær's Cœpensatim.) NJl'IŒ œ CAN:ElATIŒ: Pr:icr to éICl'J nater:i.al ~ er <3X:ellatim. t.œ City r:t: Dentm will. be gi.1I91 :IJ da,ys a:Ivan! writtm rotice lIBiled to t.œ stated atJress r:t: t.œ Certificate Iblder, City r:t: Dentm. 1 . <XNlRI!CT!JRAL <nIE1IAŒ: (LiaJility asSJœd by <XI11ræt er ~t. ax! ¡add rot otIErwise eIdst;). TIE cx:ntrætual liàill.ity l'eqJÍI'aIÐIt sh:w1 œ t.œ reverse side r:t: this Certificate r:t: IŒumœ InEr eu....¿.,."'¡ve Q:rernl LiaJility, uœt :iœlu1e a definitim r:t: ~ bnaI erD.f'Þ to ¡rovide ~ fer m1i@i't:ilY5 asSJœd by t.œ cmtract.cr in t.œ referenced cmtz'oct. 'Ibis Certificate r:t: IŒumœ is ¡:rov:ided as reJJired by t.œ gJver'I1Ílß cmtz'oct. 2. a..AJM) MIlE RLICY FaM: Req.rired per.ia1 r:t: ~ will. be œtermiœd by t.œ f~ fam.ù.a: Cart.inn.Js ~ fer t.œ life r:t: t.œ cmtz'oct. p1m aE year (to ¡rovide ~ fer t.œ wammty per.ia1), ax! a exten:Ied discovery per.ia1 fer a m:in1m.m r:t: 5 years which sœu begin at t.œ ax! r:t: t.œ wammty per.ia1. 3. F1Æ ŒDIL LIAB1I.TIY: (Req.rired in all cmtracts t.œt :involve t.œ <JCCLpn:y, cmstru:tim er alterntim r:t: Ci~ er leased fadlities). IŒumœ is to CX7ÆI" ~. cmtmts (WEre éJRill<;abl.e) ax! pemmently installed api.pImt with respect to ¡Rperty ~ to stru:tures er ¡xrtims r:t: stru:tures jf' :u:h ~ is ca.œd by t.œ peril r:t: fire ax! We to t.œ q¡erntiaIs r:t: t.œ cmtract.cr. Umit r:t: liàill.ity is to be a m:in1m.m r:t: $5OO.!XX). CI-4 BID # 9720 l PROPOSAL TO THE CITY OF DENTON, TEXAS FOR THE CONSTRUCTION OF SAVANNAH TRAIL WATER LINE IN DENTON, TEXAS The undersigned, as bidder, declares that the only person or parties interested in this proposal as principals are those named herein, that this proposal is made without collusion with any other person, firm or corporation; that he has carefully examined the form of contract, Notice to Bidders, specifications and the plans therein referred to, and has carefully examined the locations, conditions, and classes of materials of the proposed work and agrees that he will provide all the necessary labor, machinery, tools, apparatus, and other items incidental to construction, and will do all the work and furnish all the materials called for in the contract and specifications in the manner prescribed herein and according to the requirements of the City as therein set forth. It is understood that the following quantities of work to be done at unit prices are approximate only, and are intended principally to serve as a guide in evaluating bids. It is agreed that the quantities of work to be done at unit prices and material to be furnished may be increased or diminished as may be considered necessary, in the opinion of the City, to complete the work fully as planned and contemplated, and that all quantities of work whether increased or decreased are to be performed at the unit prices set forth below except as provided for in the specifi~ations. 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 - I COMPLETE & SUBMIT BOTH SETS OF BID PROPOSALS (yellow & gold copies) Accompanying this proposal is a certified or cashier's check or . Bid Bond, payable to the Owner, in the amount of five percent of the total bid.' It is understood that the bid security accompanying this proposal shall be returned to the bidder, unless in case of the acceptance of the proposal, the bidder shall fail to execute a contract and file a performance bond and a payment bond within fifteen days after its acceptance, in which case the bid security shall become the property of the Owner, and shall be considered as a payment for damages due to delay and other inconveniences suffered by the Owner on account of such failure of the bidder. Owner reserves the right to reject any and all bids. Owner may investigate the prior performance of bidder on other contracts, either public or private, in evaluating bid proposals. Should bidder -alter, change, or qualify any specification of the bid, Owner may automatically disqualify bidder. The undersigned hereby proposes and agrees to perform all work of whatever nature required, in strict accordance with the plans and specifications, for the following sum or prices, to wit: p - 2 Savannah Trail Water Line WORK DAYS BID NO. PO NO. 20 9720 BID TABULATION SHEET ITEM DESCRI"TION QUANTITY UNIT UNIT PRICE TOTAL . - I 2.12.8-B*1 Cast Iron Fit tinqs 0 LB ,; 2.50/LB 2.12.20-A 8" PVC Water Line 1,674 LF $ 12.25/LF 20,506.50 2.13.2 Air Release Valve (1") 1 EA $ 240.00 lEA 240.00 2.13-A 6" Gate Valve 3 EA S 375.00 lEA 1,125.00 '2.13-B 8" Gate Valve 1 EA $ 500.00 lEA 500.00 2.14* Fire Hvdrant 3 EA ,u 040,00 lEA 3,120.00 2.16-A 3/4" Water Service 28 EA ,; 265.00 lEA 7,420.00 1" Water Service 2.16-B* with Reducer . a EA $ 305.00 lEA 2.16-C 1 1/2" Water Service 1 EA $ 315.00 lEA 315.00 3-B Remove Curb & Gutter 12 LF S 8.00 ILF 96.00 5.7-B* Aschalt Patch Tvce D 150 TON S 35,00 ITON 5,250.00 8.2-A Concrete Curb & Gutter 12 LF $ 8.00/LF 96.00 SP-2* Concrete Saw Cut 12 LF $ 3.00 ILF 36.00 SP-IO* Rock Excavation a CY S 30.001CY TOTAL $38,704.50 Asphalt (.",~Li!/ - 5,250,00 * See Scecial Contract Definitions $ 33,454.50 P - 3 BID SUMMARY TOTAL BID PRICE IN WORDS THIRTY EIGHT THOUSAND, SEVEN HUNDRED FOUR DOLLARS AND FIFTY CENTS In the event of the award of a contract to the undersigned, the undersigned will furnish a performance bond and a payment bond for the full amount of the contract, to secure proper compliance with the terms and provisions of the contract, to insure and guarantee the work until final .completion and acceptance, and to guarantee payment for all lawful claims for labor performed and materials furnished in the fulfillment of the contract. It is understood that the work proposed to be done shall be accepted, when fully completed and finished in accordance with the plans and specifications, to the satisfaction of the Engineer. The undersigned certifies that the bid prices contained in this proposal have been carefully checked and are submitted as correct and final. Unit and lump-sum prices as shown for each item listed in ,this proposal, shall control over extensions. HASTY-FOWLER CONSTRUCTION, INC. CONTRACTOR BY f!;f ::?wG-.- RIC fowler, President 501 Cactus Lane Street Address San Angelo, Texas City and State Seal & Authorization (If a corporation) 915-655-6422 Telephone P - 4 eomT ".r e. ~ETURN ;0 .' COMPANY. iF. èANCElED. New R..ow" of Nom'or ~ a PARr B GENERAL LIABILITY .AUTOMOBILE POLICY DECLARATIONS COUNTERSIGNATURE OATE RENEWAL OR REPlACEMENT NO. U.S. Insurance Group .C,"m.""'~.w""",,"~ 3-19-87 BG/jk New 0 WESTCHESTER FIRE INSURANCE COMPANY ]J UNITED STATES FIRE INSURANCE COMPANY 0 THE NORTH RIVER INSURANCE COMPANY BJ 841í13'1 ,â Item 1. Named Insured and Address, INo., Str..t, Tow" " CI!y, COO"!y, Statol , City of Denton, Purchasing Division 901-B Texas Street Denton, Texas 76201 Item 2. Policy Period, IMo. ca, n.) Frem 3-18-87 to 3-18-88 12,01 A.M., standard time at the address of the named insured as stated herein. 0 INTERNATIONAL INSURANCE COMPANY The named insured is, 0 Individuai 0 Partnership Business of the named insured is, (~.-I City nf npntnn Item 3. The insurance afforded is only with respect to the following Coverage Partlsl indicated by speCIfic premium chargelsl. 0 Corporation oJointVenture [XjOther, City Audit Period, Annual, unless otherwise stated. (~. -~I Advance C...rage Coverale Partlsl Ad.ance C...rale C...rale Partls) Premiums Part Hø{sl. Premiums PartH,ls). S Automobile Medical Payments Insurance S Hospital Professional liability Insurance S Automobile Physical Damage Insurance S Manutacturers' aod Contractors' liability (Oealersl Insurance $ Automobile Physical Damage Insurance S Owner's and Contractor's Protective Liability IFleetAutomaticl 100,00 L6414 Insurance S Automobile Physical Damage Insurance S Owners', Landlords' and Tenants' liability (Non-Fleet) Insurance S Basic Automobile liability Insurance S Personal Injury liability Insurance $ Completed Operations and Products liability S Physicians', Surgeons' and Oentists' Professional Insurance liability Insurance S Comprehensive Automobile liability InsuraAce S Premises Medical Payments Insurance S Comprehensive General liability Insurance S Storekeeper's Insurance S Comprehensive Personal Insurance S UmnsuredMotorlSlSlnsurance S Contractual liability Insurance $ S Druggists' liability Insurance S S Elevator Collision Insurance S Farm Employers' liability and Farm Employees' $ Medical Payments Insurance S Farmer's Comprehensive Personallnsurao" S S Garage Insurance IL-QO-18, GL-01-03, L6432g, GL-00-32 , GL-21-33, GL-02-11, F~rm numbers of endorsements. other than those entered on S ('.,1_?1-1111 C....a¡;e PortIs). attached at issue S 1 nn I1n r.tal Advance Premium for this p,licy. I . If the Policy Period is more than one year and the premium Is to be paid in installments, premium is payable on, Effective Date 1st Anniveosary 2nd Anniversary $ Item 4. During the past three years no i"surer has cancelled insurance. issued to the named insured, similar to that afforded hereunder, unless otherwise stated herein, Fi e 1 ds-Stewart-Do 11 i ver 0-19865-0 Countersigned, San Angelo, Texas 'Not .,,1""" '" T,," By 1M-~ ~, ~~ Terr, 9 Authorized Representative THIS PAAT B. WITH "POLICY PROVISIONS-PART n". ANO CDVERAGE PARTISI AND ENOORSEMEN"S), (IF ANY). ISSUED TO FORM A PART THEREOF. THE ABOVE NU JO' 6300-X.G ("". 6-791 P"o< 0.(,(3.811 P!d.'" RETURN THiS DECLARATION TO COMPANY COMPlETEtSl ¡~~¡ILEDUl~mi~~ ¡V f~1 JJ Ef~ COVERAGE PART COMPREHENSIVE GENERAL LIABILITY INSURANCE L 63Ç~a (Ed. 1.73) For attachment to Policy No. , to complete said policy. ADDITIONAL DECLARATIONS Location of all premises owned by, rented to or controlled by the named Insured UN,," "u.,.. "..., co,n'ON.. '00"" '"OWN ON "'. 'O, o"CO,n'ON" Interest of named Insured in such premises UN'" "'OW, 0 Owner 0 General Lessee 0 Tenant 0 Other Part occupied by'named insured UN'" mow, The following discloses all hazards insured hereunder known to exist at the effective date of this policy, unless otherwise stated herein. SCHEDULE The insurance afforded is only with respect to such 01 the following Coverages as are indicated by specific premium charge or charges, The limit of the company's liability against each such Coverage shall be as stated herein. subject to all the terms of this policy having reference thereto. Coverages Limits 01 Liability Advance each occurrence I aggregate Premiems A-Bodily Injury Liability $ See GL-99-17 1$ $ 100. B-Property Damage Liability $ 1$ $ Incl. rerm numbers 01 endorsements attacbed at Issue $ r Tolal Advance Premium $ 100; General liability Hazards Cede P,emlum Bases Rates Advance Premiums Description er Hazards No, B.I, P.O. Bedily Injury Property Damage P'emlses . Operettons N/A ~¡ AreatS.. Ft.) ~¡::;; l~o;"r'F~:iof Mea Franta.. c 'emunmllon C¡ Per tlCo of 'omunmtlon d) ""r,ts t Per 100 of '"olpts (0) Units 0) Per nil (I) Adml"loos f) Per 100 Adml"roos Escalators INumber at Premises! Numb" losurod P"rlng Excluded Independent Contracters "cost POI $lOf of Cost Construction Operations - Owner (not Ra il roads) - Excluding operations on board shio 16292 38,705. .047 .028 100. Incl. Cempleted Operatiens (.) ""I,.. (.) POI It ,coo otR"ol,.. Excluded , I Praducls fb),S.I;s (b) P"llioolS.rea Excluded !Total Advance B.I, and P.O. Premiums _100.._- $ Tncl . When used as a premium basis. 1. "admissions" means the total number of persons, other than employees at the named Insured, admitted to the event insured or to events conducted on the premises whether on paid admission tickets, complimentary tickets Dr passes; 2, "cost" means the total cost to the named insured with respect to operations performed for the named Insured during the policy period by independent contractors of all work let or sub-let in connection with each specific project, including the cost 01 all labor, materials and equipment furnished, used or delivered lor use in the execution of such work, whether furnished by the owner, contractor or subcontractor, including all lees, allowances, bonuses or commissions made, paid or due; 3. "receipts" means the gross amount of money charged by the named insured for such operations by the named Insured or by others during t,e policy period as are rated on a receipts basis other than receipts from telecasting, broadcasting or motion pictures, and includes taxes, other than taxes which the named Insured collects as a separate Item and remits directly to a governmental division; 4, ""muneratlon" means the entire remuneration earned during the policy period by proprietors and by all employees of the named insured, other than chauffeurs (except operators of mobile equipment) and aircraft pilots and co-pilots, subject to any overtime earnings or limitation of remuneration rule applicable in accordance with the manuals in use by the company; 5. "sales" means the gross amount of money charged by the named insured or by others trading under his name for all goods and products sold or distributed during the policy period and charged during the policy period for installation, servicing or repair, and includes taxes, other than taxes which the named Insu,ed and such others collect as a separate item and remit directly to a governmental division. (over) COVERAGE. PART OWNERS' AND CONTRACTORS' PROTECTIVE LIABILITY INSURANCE COVERAGE FOR OPERATIONS OF DESIGNATED CONTRACTOR l64t4 lEd I.]" For attachment to Policy No. , to complete said policy. ADDITIONAL DECLARATIONS Designation of Contractor ,,"n. mow, Hasty Fowler Construction, Inc. Mailing Address ""n. .now, 501 Cactus Lane, San Angelo, Texas location of Covered Operations ,,"m .now, Denton, Texas [XI Check here if the following provision is applicable, The person or organization designated above as the Contractor has undertaken to pay the premium for this policy and shall be entitled to receive any return premiums, if any, which may become payable under the terms of this policy. SCHEDULE The insurance afforded is only with respect to such of the following Coverages as are indicated by specific premium charge or charges. The limit of the company's liability against each such Coverage shall be as stated herein, subject to all the terms of this policy having reference thereto. Coverages limits of liability A-Bodlly Injury liability $ B~Property Damage liability $ Form numbers of endorsements attached at issue each occurrence each occurrence $ aggregate Advance Premiums Total Advance Premium $ When used as a premium basis, "cost" means the total cost to the named insured with respect to operations performed for the named insured during the policy period by independent contractors of all work let or sub.let in connection with eacr specific project, including the cost of all labor, m¡¡(erials and equipment furnished, used or delivered for use In the execution of such work, whether furnished by the owner, contractor or subcontractor, inciuding all fees, allowances, bonuses or commissions made, paid or due. I. COVERAGE A-BOOllY INJURY LIABILITY COVERAGE B-PROPERTY DAMAGE LIABILITY The company will pay on behalf of the insured all sums which the Insured shall become legally obligated to pay as damages because of A. bodily injury or B. property damage to which this policy applies, caused by an occurrence and arising out of (!) opera- tions performed for the named insured by the contractor designated in the dec. larations at the iocation designated therein or. 121 acts or omissions of the named insured in connection with his general supervision of such- operations, and the company shall have the right and duty to defend any suit against the insured seeking damages on account of such bodily injury or property damage, even If any of the allegations of the suit are groundless, false or fraudulent, and may make such investigation and settlement of any claim or suit as it deems expedient, but the company shall not be obligated to pay any claim or iudgment or to defend any suit after the applicable limit of the company's liability has been exhausted by payment of judgments or settlements. Exclusions This policy does not apply, lal to liability assumed by the'insured under any contract or agreement except an incidental contract; but this exclusion does not appiy to a warranty that work performed by the designated contractor will be done in a workmanlike manner; Ibl to bodily injury or property damage occurring after III all work on the project lother than service, maintenance or repairsl to be performed by or on behalf of the named insured at the site of the covered operations has been completed or 121 that portion of the designated contractor's work out of which the injury or damage arises has been put to its intended use by any person or organiza. tion other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project; lei to bodily injury or property damage arising out of any act or omission of the named insured or any of his employees, other than general supervision of work performed for the named insured by the designated contractor; Idl to any obligation for which the insured or any carrier as his Insurer may be held liabie under any workmen's compensation, unemployment compensation or disability benefits law, or under any similar law; lei to bodily injury to any employee of the insured arising out of and in the course of his employment by the insured or to any obligation ot the insured to indemnity another because ot damages arising out of such injury; but this exclusion does not apply to liability assumed by the insured under an incidental contract; 1ft to property damage to . . (!) property. owned or occupied by or rented to the insured, '~I2)propertyusedbytheinsured, ". 131 property in the care, custody or control of fhe insu,ed or as to which the insured is fnr any purpose exercising physical control, or 141 work performed for the insured by the designated contractor; Ig).to bodily injury or property damage due to war, whether or not declared, civil war, insurrection, rebellion or revolution or to any act or condition incident to any of the foregoing, with respect to (!) liability assumed by the insured under an incidental contract, or 121 expenses. for first aid under the Supplementary Payments provision of the policy; Ihl to bodily injury or property damage arising out of (!) the ownership, mainte. nance, operation, use, loading or unloading of any mobile equipment while being used in any prearranged or organized racing, speed or demolition contest or in any stunting activity or in practice or preparation for any such contest or activity or 12) the operation or use of any snowmobile or trailer designed for use therewith; iii :~le~~~iI~ri~~c~p~r orr~~~~, ~~~~~~ :~~ti,n~u~~~,0~c1~~, ~1~~~~g~ox1~s~~~~i: cals, liquids or gases, waste materials or other irritants, contaminants or pollutants into or upon land, the atmosphere or any water course or body of water; but this exclusion does not apply If such discharge, dispersal, release or escape Is sudden and accidental; IiI to loss of use of tangible property which has not been physlcaily injured or destroyed resulting from III a delay In or lack of performance by or on behalf of the named insured of any contract or agreement, or 121 the failure of the named insu,ed's products or work performed by or on loverl If'r.. \ì.8. ; GL 99 17 (Ed. 03 81) This endorsement forms a part of the policy to which attached, effective on the inception date of the policy unless otherwise stated herein. (The ~Iowinc information is required only wiIIn this endo...mont is issued subsequent to IIf8II3ration at poIi".) . Endorsement effective Policy No. Endorsement No. Named Insured CGuntersicned by (AuthorIZed' Representative) This endorsement modifies such insurance IS is afforded by the provisions at the policy retatinc to the followinc: COMPREHENSIVE GENERAL UABILITY INSURANCE COMPLETED OPERATIONS AND PRODUCTS LIABILITY INSURANCE CONTRACTUAL LIABILITY INSURANCE MANUFACTURERS AND CONTRACTORS LIABILITY INSURANCE OWNERS AND CONTRACTORS PROTECTIVE LIABILITY INSURANCE OWNERS. LANDLORDS AND TENANTS LIABILITY INSURANCE AMENDMENT-LIMITS OF LIABILITY (Sincle Um~) (Individual Coverace Awecate Urnit) SCHEDULE Covera e Bodily Inlur¡ Liability and Property Damace Liability It is acreed that the provisions at the poIi" caøtioned .UIIITS OF UABlllrr' "'!atinc to Bodily Injury Lilbility and Property Damace lia- bility a(e amended to read as follows: UIIITS OF UABllm Reca(d'e" at the number of (1) insurwds under this policy, (2) persons or orcaniutions w1Io sustain bodily injury or IIIII8fty damap, or (3) claims made or sun. brouCht on account of bodily injury or II'DIIIrty damace, the campany's liability is limited as follows: Iodily Injury UoIIiIiIy and "'-1Y 01""'1' UIIIiIiIy: (a) The lim~ of liability stated in the Schedule at this endorsement as I1Øllcabie to "each 0CCIIITIIIC8" IS the total limit of the com- pany's liability for III damases includins damas" for carl! Ind loss of servIces because of bodily injury and IIIII8fty damase sustained by one or mMI persons or Drsaniutiens as I result at any one occurrenco. provided that with respect to any occurronct fa, which notlC! of thIS policy is liven in lieu of SlCurity or when this policy is certified as proof at financial responsibility under the proVIsions of the Motor Vehicle Financial Responsibility lJIw of any state or province such limit of liability shill be IØI>lIed to provide the sepa- rite limiU lWUired by such law for Bodily Injury Liability and Property Dlmace Liability to the extent of the c:.overase required by such law, but the _rite 1)Ølication of suc:tl limit shall not iner..se the total lim~ of the campa ny's liability. (b) Subject to the lbove _isicn respectins"uch occu..-.", the . total liability of the comøany for III damlces because of all bodily Injury Ind -fly IIamap wilic:tl aceurs du(ins 0ICh annuli period wilile tins policy is in force commeneins from its effective date and wilic:tl is described in any of the numbered subparasraphs below shall not elceed the limit of liability ttated In the Schedule of thIS _........nt as "aureSlte": (I) all IIIII8fty damal' arisinc out of premises or operations rated on I rem.nerltlOn baSIS or Cantracto,'s equipment (at- ocI on a receipts basis, includlns IIIII8fty IIamase lor willch liability is assumed under any _1II.a1 contract relltlnc to such ",emises or operatIOns, but ucludrns pnIIItrty damace Limits of Liability 0 ,000 each OCCUITO/ICI 500 .000 a re Ite included in subøaracraph (2) belOW; (2) all IfOIIIrty damlSI arisins out of and occurrinc in the course of operations perlo(med for the named insured by independ- ent contrlctors and cenera! supervision thereof by the named ÍIISII!WI, includinS any such prOIIrty damace for wiliclliiabih. ty is assumed under any incidelll.al contract retatins to such operations, but this subparal'aph (2) does not inetude """" IIty llamaI' arisins out of maintenance or repairs It prell"ses owned by or rented to the 01I11III illSlUlll or structural alte(a. tions at such DrI!ITIises wilieh do not involve chlnCins the size of or movinc buildinas 0' other structures; (3) ~ Products-Completed Operltions insurance is afforded, all lIodily injury and pnIIItrty llamaI' included within the - 101011 OI8rations hazard and ail bodily injury and IIIII8fty IIamace ineludea WIthin the products hazard; (0) ~ CGntractual Lilbili1y Insurance is afforded, all pnIIItrty damas" for which liability is assumed under any contract to which the Contractull liability Insurance applies. Such "ure late limit shall apply separately: (i) to the -fly damase described in subparasraphs (I) and (2) and separately with _t to each ",ojet'. awly from premISes owned by or rented to the OImed insured; Qi) to the sum of the damlS" for all bodily injury and IfOIIIrty llamas" described in subpa(acraph (3); and (iii) to the -rty damas. described in subparasraph W- and separately with respect to eacI1 project away fro", ",emises owned by or rented to the OImed insu...s. (C) For the puft)Ose of determinins the limit of the company's liability. all bodily injury and -rty IIamace arisinc out 01 continuous or _red exposure to substantrilly the sameleneraf conditron shai: be considered as ""Slnc out of one 1ItCU..-<. I IL 00 18 (Ed. 1084) AMENDATORY ENDORSEMENT PREJUDGMENT INTEREST The foUowin¡ is added to the Supplementary Pa~ proviSion in thiS policy: The ComPany will pay. in 8ddition to the applicable limit of liability. prejud¡ment interest awarded aaainst the Illsur8II on that part of the jud&mentthe Company pays. If the Companymakes l1l'i offer to pay the applicable limit of its liability. the Company will not pay 8IIY prejucf&ment interest Þ8sed on that period of time after the offer. (Tha Attach'n. CIa... - ba com"a'ed onl)' .hen 'h" a...ona..... " ""ed s,,"','", to .".."lIon at "" pallcy.1 UABIUTY GL 01 03 lEd. 05 731 ISO &525 AMENDATORY ENDORSEMENT - NOTICE lTens) L 612& (Ed. 5-73) This endorsement. effective (12,a! A. Moo .tand.", ""'1 , forms a part of policy No. issued to by """"""";¡ü¡';ö;"ië,ï¡¡'ö;ë;.;;iiï~.""'" ..............................".... As respects bodily injory liability coverage and P"",lrty _ge liability coverage, unless thl company is prejudiced by thl insored's failure to comply with thl requiremen~ any provision of this poiiey requiring thl insured to give notice of action, occam... or lOSS, O( requiring thl insored to for- ward demands. noticns, summons or other legai process, shall not bar iiability under this policy. O¡¡;;;;~'~:;;t1 .,..-......., LIABILITY (The Allachlo, CI,"" oeed be com,leted oaly whee th" eadm"meal "'"ued "b"ou,,' to ",,'coil"" at Ihe ,olicyi APPLICATION OF EXCLUSIONS (Explosion, Collapse and Underground Property Damage Hazardsl This endorsement modifies such IOsuranceas is afforded bytheprovi sionsotthepolicyrelatingtothetollowing, COMPREHENSIVE GENERAL LIABILITY INSURANCE MANUFACTURERS' AND CONTRACTORS' LIABILITY INSURANCE l64321 lEd 7 ~83 This endorsement, effective ,torms a part of policy No, 11101 A. M. ",adocd '"el issued to by Aalhm",dRep""atatiue It is agreed that it the named insured's actual operations includ eanyoperationls),whetherornotstatedintheScheduleunder'DescriptlOnotHazard',whichi, (are) described by any classltlCation lISted below, the 'x', 'c', , u'symbol(s) included in the applicable code number shall apply as I fsuchclasSiticationcodr number and symbol(s) were included in such Schedule. DESCRIPTION OF OPERATIONS; CLASSIFICATION CODE NO,; AND SYMBOl(S) Building or Structure Raising, Moving or Unde(pinning-includ- Excavation ing incidental shoring, removal or rebuilding 01 walls, founda- tions, columns or piers. 17BB5xc Gas Companies-natural gas-local distribution-including outside salesmen, collectors and meter readers-inciudIOg completed operations except with respect to the installation, servlCIOg or repair 01 appliances " , Gas Dealers-liquelied petroleum gas Gas Oealers-retail Caisson Work, foundatIOns 10rbuildings-IOcludIOg pile driving, excavatIOn, masonry or concrete work up to cnmpletion of sub-structure only", Not loundations for buildings-including pile driving, excava- tion, masonry or concrete work up to completion of sub- structureonly 17805xcu 16235xcu Clay or Shale Digging-no canal. sewer or cellar excavation or underground mining t40Dlx Cofferdam Work-including pile driving, excavation, masonry or concrete work up to completion 01 sub-structure only 16235xcu 16285xcu, Conduit Construction-lor cables or wires Contractors Equipment Cranes, derricks power shovels, and equipment incidental thereto-rented to others with operators-includIOginstal- latlon,repairorremoval~ ,,73912xcu Earth moving equipment other than cranes, derricks and power shovels-rented to others with operators-IOcluding in- stallation, repair or removal, , , Steam boilers, compressors, air pressure tanks, pneumatIC tools, and equipment incidental thereto-rented to others with operators-including installation, repair or removal. 73916xu Contractors' Equipment (excluding automobilesl-rented to others with operators-IOciuding installation, repair or re- moval 17861cu 73911u t6232xcu Dam or Reservoir Construction Electric ligbt or Power Companies-including outside sales- men, collectors and meter readers-including completed oper- ationsexceptwlthrespecttotheinstallation,servlcingor repair of appliances. 49115xcu Electric light or Power Cooperatives-Rural ElectrilicatlOn Ad- ministration Projects Only-including outside salesmen, col- lectors and meter readers-including completed operations except with respect to the installation, servlCIOg or repair of appliances 49116xc Electric light or Power line Construction 16245xcu Electric light or Power line Construction-Rural ElectrilicatlOn AdministratIOn Projects Only 16242xc ""'""'."""""< ""';;';:#' t511lxcu 4922lxcu 59851x 59810x Gas Distributing-liquefied petroleum gas-local distribution by gas mains nr piping from central tanks to ultimate consum- ers-including meter readers-includIOg completed opera- tionsexceptwith respect to the installation, servicing or repair of appliances '49252xcu Gas Mains or Connections Construction-including tunnellOg at street crossIOgs. 16225xcu Gas Works-including outside salesmen, collectors and meter readers-'-includingcompletedoperationsexceptwithrespect to the installation, senlicing or repair of appliances 49251xcu Gasoline Dealers-wholesale, 5085lx Gasoline Recovery-from casing head or natural gas Geophysical Exploration-seismic method-all employees Grading of land Irrigation or Drainage System driving or dredging landscape Gardening 011 lease Operators or Gas lease Operators-natural gas 011 lease Operators o( Gas lease Operators-natural gas- WlthIO the limits of any town or city, on the right-ol-way of any railroad, or 10 any ocean, gulf or bay 011 or Gas Pipeline Construction-including pile driving or dredging Dil or Gas Well Shooting 011 Refining-petroleum 13210d0X2 1383lx 07313xcu Constructlon-IOcluding pile 16255xu 0731lxcu 13122d0X2 13121d0X2 16365xcu 13851d0X2 29112x Pile Oriving, Building foundatIOns only, , , Including timber wharl building Sonic method, Pipeliue Construction-Including pile driving or dredging 17805xcu 16294cu 16296cu 16365xcu (over) , /'- "ZZ8L1 ~UI~".IM 10 ailS Ie l"ual'.Ia uawsa,es ~ulpnl'ul-auu,w lau-sampnJIS JO S~UIPI1n8 ZUI~'OJM "" "" " "ualj""-aJ .101 14~"4 UI sauals aaJ41 ~ulpaa"a IOU s~ulliaMp pal"uqel-aJd la~ulllueWSIa '~U!~'aJM ~ulnnJ JO ~u!PlaM "118L1 'ssw n"II~6~ sa'uellddela.lledaJ.laZUIOllIJas'ualjelielsula4Ial padsa.l 411M Ida"a 'sualje"da palaldwoo Zulpnloul-s"peaJ "law pue s.lapalloo 'uawsales aplSlna ~ulpnl'ul-s~JOM.la¡eM n"SZZ91 "s~ulSsan laa.llqe ~ullauunl ZulpnIOUI-ualjon.l¡suaJ SUOl¡oaUUOJ .10 SU,.W Ja¡'M "SS8L1 s.lald.la suwnloo 'sualjepunal 'slleM 10 ~UIPllnqaJ .10 leMwaJ 'Zui.la4s leluapIJUI ~ulpnl'ul~s"npnJIS .10 S~U!PI!ns ~Uluu!d.lapun ZUIUI ~ulpnI'UI-~U!laUUn¡ " ualjonJISuaJ au" w'"IV.la 4d'.I~ala¡ 'aua4dala¡ n"SEZ91 n"S~Z91 nall8~ ""' l"uaI'PUes,,~uassaw's.lapalloo'uaw -sales aPlSlna Zulpnloul-saJu'dwa~ 4deJ~ala¡ JO aUa4da¡a¡ n"ZaSLI .lied -OJ .10 ~UIJII\JôS 'uOilelielsul-puna.l~ Malaq-slaad ~U!uiW¡MS n"SOZ91 ualjon.l¡suaJ .eMqns n"SU91' ' , , " ~ulde"s .10 ~U!"Jn"H JO ~u!"Jns '~u!^,daH .10 ~u,^'d PeoH .10 ¡aa.lIS ~UIPllnq ~"Ino JO aZpuq '~UlpeJ~ JO ~UIIl1 'UOII""" '~eM-la-14Zu )0 Zuueal'-ualjonJSUOOaH .10 UO¡p"J¡suaJ PeoH .10 ¡a"IS ""SII91 '~U!4S"JJ aua¡s "s~ulSson laa.lls Ie Zullauunl ~UlpnIOUI-ualj'"JISuaJ sualjoauuaJ JO SU!'w wealS ""0196~ "" "OU"ldde)a .IIedaJ 10 'ZUIJIAJas 'UOII'II'ISUI a41 01 padsa.l 411M Id"" suOileJada palaldwoo ~UlpnI'UI-s"pea.l "law pue SJapalioo 'uawsales aplSlna ZUlpnl'ul-,upala lau-saluedwaJ JaMad JO ~UI¡eaK wealS n"SEZ91 "' ' , , ' '~UIUII .10 ~JOM alanuoo 'uolje'e'" '~UI^UP alld Zulpnl'ul-~u!~U!S »'4S n"SZZ91 "S~UISSOnlaa.llsle ~ullauunl ~ulpnIOUI-Ualj'".IISuaJ sualjoauuoJ JO su!ew .laMas "181L1 " '" swaOJ~'ldSip JO saJOIS 11e10J pue da4s 'sualpauuoo asno4 ~ulpnIOUI-.IledaJ JO ",eualulew 'uOilelle¡sul-~ulueal'-swa¡s.s ~u,¡ Oildas 'IOOVI ~UIUIW puna.l~"pun .10 UOlI""" "II" "'Mas 'leu" au-~u!IDI!O lam9 .10 pues "S88L1 ~UI~".IM)a aIlS I' ¡"ual' JO uawsales pue 's~ulplnq pa~ewep UI ~"uI4"W )0 ~ullPue4 a41 '~JOM lemp"'ls -"410 JO Zuua4s 'ZUI~".IM I'luapIJul Zulpnl'ul-'Jualj'Jado a~'^les "SJapeJIUOO ~q S~eM)a "ueualulew.la S~".II )0 I'MWaJ .10 Zul~elaJ 'Zul~el ~ulpnloul-uOlPnJ¡SUOJ P'OJI!'H 'IOO~I ' s-"4snn 10 UOII,-"do a41 ~ulpnIOUI-"!JJe"D nS8W sWaaJ~eldSlpJOsaJOISllelaJpueda4s'suOIpauuooasna4~ul -pnl'ul-~ul)l) adld -"410.10 -"leM 104 'weals 'se~-~u!qwnld uOileJada I'a " uOIle"da seD 'meualulew Zulpnl'ul-saulad!d 'S06ZE ""SZZ91 'SIZ91 ZXOOI9~ 'ZZZ6~ ". ,,' .,'., , ::"" '.., " ::~::,," :C', ,"" ",\ "c:::,~,-: \ Ü", I.:¡",,-: ': """"," :T :c. """;, LIABILITY GL JD 32 ;; :; :" L;I;, ,E, ;,,; ~MBD~TaRY :NDDRSE~ENT : ThIS '"""""'" 'OOln" ¡Uco IOS""", " ,\ ","-roo, ;y :~, ¡rovISIO", ,I ". ¡ell"; """'! :0 "e COMP~EHE~SIVE ;t~E"L UABIUTY INSURANCE :lANUFAC:URERS' UO CONTRAC7DRS- UABIUTY INSURAltC¡ OWNERS', UNOLORDS- ¡NO :tJtANTs- LIABILITY INSURANCE OWNERS" .1110 CONr;t&C7DRS' PROTECTIVE UABIUTY i~SURANCE STtIREKEmR'S INSURANCE , SlIP UABIUTY INSURANCE 'OIIOIVIMt, : This ,"ODrs!!"'"" eHec"',, UHI , ", -.. ,.. , lorms a pan ,f policy No, ".,',:-', ,-' " " ."... issue<! 10 by -,- n is a..... th" Ih, ",,¡usian "¡a""t :u bodily iojury to "" emalO!! of the illSlll'!tl is del<ted and r!ÐlaceG by ::'e loJlewin!, This insurance d.., nOI aoaly, (j) 111 bodily injurr " any ,mO'1I!ft of :I1e insured ansinl out of ano in Ihe """,e ,j his 'mOilTfl1!ent by the insUt!d Ó" which tfIf insured may ,e,,' iiaolt " an emaiavtr " 10 any 0II1et capaCJIY; 1m :0 any DOlila"on at tIle iosUt!d 111 inàemniij or contrìilute '.Oit1I ¡norller ~ause of damat" a"sin! out oj rile bully injury, " (lill '0 bOdily illjurr sustained by :he SOQllSt. "iild, wenl iIratI1er, iJI SISler ,f an emaill!ft of the insured as a ",nseau,"" of bodily injurr '0 suo~ em"~,, ansro! ,ul ,I ano 10 tIle course of Ius emplOyment by :1Ie iasu"d, This "c:uS/on Joali" ID all claims anD suits by any oemn " "'taniurion for dama¡" iIK,.se ,f ,.eh badily injury indudin(jam,¡" far "re an' '" of """"', This ""'uS/an does '" ,Daly ID 'i"iiily "",mea by tIle insured ,no" an incidental Clllltnct. II:"uT~!¡,~a ---:::'-:.-' , C""'I'" !""",nee ,etV~" Jffice, Inc.. !9B3 >' '-'-, ~_.~ ~--,--~ < ~ , allu ad l-ti I , .. NotItBltftl w-. ..., II .. ... .. *" l1l8I"" ..... III ",... ... "III flier 1IIIr" .'.oM wild 1Itr.. (nil fII;titL ",-lioo 11",-""""" ~II\u8I~ 1- fl."" .,...') .--tllecMI"'. I 1Iè-!II" 8amd..... . ' c.œ~" , ";'\tIII,ZIØ 1t.101111111O1 . . .. IIIIot1I8Ittd 8IISdcS .. -'. ......... III ..- II . II'C. -.. . III --. , COII'8PlENSIft 8INPW. UØ1UTY IIdUItANCI .' .' , ~ UIIILD'Y 1NSUIW8CI , 8ANUFAC'IUIPI1ND CCII8'fUCTOIIS IJUILIIy INSURANCE ,,8IiN£U aND CDIftUCTOIII'IIØIICTI'II uuam 8CSUUNCI 8WNØI. UIIDLOIIDIIIID 1liliii1i LNIUI'f IIdUlANCI ~ UUIUI'f...,uIICI . . 0ItUIØ'ØI1NSUIWCI . . 8QL1.unGII DCLUIIOII I . " I . ÌlII"" tNt .. øcMioft ~ II" ...,. ---. ...... or 8ICIIPI 11..... wepors."'. ~ 6ImI1. 8CÍdI. alQr... tPiC d\er'W".""- or pIlL -- mat"'or"'" irritaIå.C111ft111nÏ118/ 111""'" ¡ tantllll'lplaced '1" ..-.= - . (1) lit WIll ~ or~""" ~ 0lIl11" 8dUIL ~ ortlll'll1ened6ilch8rP. ØlpeFlll : _IUM III' .. of ........ . .: .) at or 1IOIft,..-.s ....... ......, or ...., 1W" ............. : .) 81 or IIOIft "" till .. IIo..A- . - f .,. ., .. ....""", or .... fir lie !IIndIiIW, ....... ~ ........ or ..tnW'4 11-= : (c) -"ídI'" atlll1f1n1 ~.............,.,. """'81....~. .... 'lor ; 8Ir .. ... ÍIIIUI'Id or.., ,.,... .... 'ø"ÕM\ 1Ir1lllDlft .. MIMI ....... -1- ""'1 ' .....4 ..... .' (cI) .. fit"'" "'" III OI'IDc::IIicIn 81' -'*".. --"""" or ..., _Itrldllrl. ~.trKtDß . 8IIII'IIJIW ~ or ~ 811 W8II8I.. .... ....... ... ~ eperatillnS: . ... .....- .. ..... 81' . II .. rill .1K8tiaII" CIII'IIIdiIIft"'1IIdI ..ratïons: . &iQ ....,.mons.. II tilt 1Ir. tIIIIIIIIDr.cIIIn", _. C8IC8ift. ... ~ or 88\Itr8Iift . . ... ,.,..... f CI) lit .,.,_. 8I1or"""" 8111 11"".--- dirlCtiøl.l8qIIIIttlllt.."-""'" Iu1 tor. ...... . øun III. ....,.. CIIâÏft. ftIt. .... or ...... poll"" ~ ~fItI tnUftI..,lIIId. lllJid."'-'" or...-trft8I'1fOI' ~ ~ pnokI. "",tOØI. . 6/mI1.1CiG. llkaliLcNmic811 ~--.. Wast. ~ INterft 1IIÞt !KJØIcI.l8CGftl:lit..d or ~d. .. ~. , .. ~ ., . . . UlllLIIT 1110 IIIIdIioC eo.. -.. -- ...-..-- II - ---. -- /I" fIICIJ . 81111111... CIICEU118 - -- "WlSIOIS .... . 11171 ... .. .. - ..... ... -- . II ..... II .. ... -- 11 .. ........ 88PIØD -- - I8IK!S .-am .... . ."" _.1 -. ..... ~ .~-~ ~-- -.-- --- - --- -"-- -- - --- - I8I1II -- --.-----"- -~- ---. . . . ...... .... _A"-- .""'" II MIla. --II -, II ---- [ . 1 . II .... III .. III ...- II .. ,.....,..... . ... II .. ...... .. '*' -- ~ -*' II" ... .... ~ _.11 .. - ~ ... ..... . .. --- . .. II a ....... .... . .. .... . .. ~ ... .. .... .. ...... .. ... at .... . .. '*' -- ~ -*' II .. ..... II ......... .....,... .. .. I II .. ....... ... ... ... II . ..... .... IIIÏIII .... .... III - ... ..... .. ...... .. ..... ... at ..... -- . .. ... .... ".. .... ... II ..... a ..... .... -- 15' ., .. .... . .. ........ IIIIIIt ... .... ..., . .. ...... . . .... . ....- - .. ....... ... . -- .. .... .. ...... - ... .. ..... II -- .... .... . .. ..... ... . .... ... '*.. .. .... " ...-...- . . ... . ........ .. II ....... ..... ... .... III ... .. .. .... -.. ....., .. .... ...... . -- II - .. ..... l1li ~ .. .... II ... ~ .... .... ... ... . .... .. ... ... .. .. ... .... " ....... c. ... . ....... II" .. ... II ......... .. ..... ".. ... .... ... . .... .. ...... .. ........ II .. ..... CIa .. ..... -- .... .. .... II'" ~ .. III" .... ..... . .. .. .. .. II .. ...... .... " ----. f - . -"'I' .. ..... ..... III ........ - ... ........ ....... -- .... . IIIIr It ..... -- ... II -, ... -- " .... .. ... -- . .. ... .... " ....... .. ~ . . .. .... " .. ..... -- ~_. . .. .. II . - .. III . .... .. .. - ..... ...... -- ....... - ... ".. iIIiII .... .... " .. ..- .. .... ... .... II .. .... ..... . .... .. .. ... . .. ... .... " ......... . ..... .., ...., .. .. ~ II -- . .... .. .. II .... .. ....... ... .. ...... II .... ... .. .. .... ..... ..... .. .. ..... . .. .. filii ..., III .. ...... II ..... .. .... -- . ..... " IIIÏIII . .... -- .. ~ "" "alia ... "... . .. 6díII .... .. ., " ...... .. II .. - l81li -- .. ... " .. .......... ....".......... It .. ... ..... . II .. ..... .. ~ ........ .. ..... - . 1 . .... ..... .. .... --- . .. -"" *II .. " - III! ... . till .." .. ... ..... ÍI .. . " .. ...... . .. .... ",.11 8iI ...... ..... - " -" --- . .. ... _iii .. ... 11" ...." .... - . ..... .. ... ... . ..-. ~ ...-..... .. ..... -- -- -' " ... II ... - - III .. .... ..... . .. .. - ... ".. ..""... -... "",1..""""""'-'--.- . .. ........, l1li -.II 8ftIo .. ..... It .....- . II88IIiII III . III 8iII .. ........... .... .. ......- " ..... ... " OIl ~ .... -.. .... .. -." . .. .. IIiII III .., .. III -..s- III .~ .. .... ..... J -. J ...'" .. -<ill -- .a . - "..... . .. *"- .. ..... II ...-' ... it . -.".. _....w . ..... ,r.. """'" """ "" " <0.""" 0"" .", ,"" '""",m,.. " "'"" "OU'"" " ",oo".". " '"' ""'r, LIABILITY CL 21 Of ¡[d. 0766) C 31M EXCLUSION 'Completed OpmtlO.. HllOrd and Products Huordl L 914' ,Ed. ,... Thl' enocr".", mooi/", ,," ,"suranee " 'S '~:r'" by tne pro""on, of the policy relatIng to the follow,"g, CDMPREHEHSIVE ,EHERAL LIABILITY. IHSURANCE Thi, endorsement. effecti'e i12Ol' .. """" "., lorm' , part of polICY No. issued 10 by It i, agreed that such in,urance " i, affordëd by Ihe Bodily Injury U,cdlly Co"rage and the Property Damage Liability Co,mge does not apply to bodily injury or p"perty dlm'le Included within the Completed Dperatiens Hmrd or the ProdllCts HlDld. ~ ..ï:;ï¡Ö;;ië,ï..,;..ë~ï..;;..""...". .............................. ..... . ,'. . CONTRACT AGREEMENT STATE OF TEXAS )( C 0 UNIT 0 F -.!lli!I 0 N )( THIS AGREEMENT, made and entered into this Jß..... day of A.D., 19J[L, by and between THE CITY OF DENTON. TEXAS MARCH of the County of DENTON and State of Texas, acting through LLOYD V. HARRELL, CITY MANAGER thereunto duly authorized so to do, Party of the First Part, hereinafter termed the OWNER, and ALBENESIUS CONTRACTING P.O. BOX 1712 of the City of and state of DENTON TEXAS , County of DENTON , 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 # 9721 - CROYDON. IMPERIAL. DOTSON ST'S WATER & SEWER LINES P.O. # - $79.719.00 and all extra work in connection therewith, under the terms as stated in the General Conditions of the agreement; and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the said construction, in accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance with all the General Conditions of the Agreement, the Special' Conditions, the Notice to Bidders (Advertisement for Bids), Instructions to Bidders, and the Performance and Payment Bonds, all attached hereto, and in accordance with the plans, which includes all maps, plats, blueprints, and other drawings and printed or CA-l 0044b written èrplanatory matter . prepared by thereof, and the Specifications therefore, as CITY OF DENTON ENGINEERING DEPARTMENT , all of which are made a part hereof and collectively evidence and constitute the entire contract. The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in written notice to commence work and complete all work within the time stated in the Proposal, subject to such extensions of time as are provided by the General and Special Conditions. The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the Contract. IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. ~~~ (SEAL) ATTEST: j}1a Ir I< /J/bel//e:S/~5' Party of the By ~~ Second Part, CONTRACTOR -fl:1A~a£l~~ 0 jß~-<A- DWAJe r (SEAL) APPROVED AS TO FORM: ~RL CA-2 0O44b ... ~ Bond No. TPI 619641 PERFORMANCE BOND STATE OF TEXAS )( COUNTY OF DENTON )( KNOW ALL MEN BY THESE PRESENTS: That Larry A1benesius dba A1benesius Contracting County of Denton as PRINCIPAL, and , of the City of Denton , and State of Texas Transamerica Premier Insurance Company , as SURETY, authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unt 0 the CITY OF DENTON, TEXAS as OWNER, in the penal sum of SEVENTY NINE THOUSAND SEVEN HUNDRED NINETEEN AND NO CENTS Dollars ($ 79,719.00 ) for the payment whereof, the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the O~UR, dated the ~ day of MARCH, 19.ê2....., for the construction of BID# 9721 - CROYDON. IMPERIAL STREETS 8" WATERLINES AND DOTSON STREET 8" SANITARY SEWER LINE which contract is hereby referred to and made a dpart hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, the condition of this obligation is such, that if the said principal shall faithfully perform said Contra,ct 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-l ~ PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended by acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. PROVIDED FURTHER, that if any legal action be filed upon this bond,' venue shall lie in Denton County, State of Texas. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms. of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this ~ day of April , 19......§.1 LARRY ALBENESIUS DBA ALBENESIUS CONTRACTING TRANSAMERICA PREMIER INSURANCE COMPANY Principal Surety By daif- aß~pw',", g~t~ Bv. Title Oc..v '<Ie r Title Robert T. Cirone, Attorney-in-Fact Address PO. 13 ó~ 17 /~ DeÆ/lÙN r.;( ~1o/Jt):FÁ- 1¡ Address Box 82007, Lincoln, Nebraska 68501 (SEAL) (SEAL) The name and address of the Resident Agent of Surety is: Greg Fau1x, 1812 Durham, Houston, Texas 77077 NGIE: Date of Bond must not be prior to date of Contract. PB-2 009lb ~ Bond No. TPI619641 PATIIENT BOND STATE OF TEXAS )( COUNTY OF DENTON )( KNOW ALL MEN BY THESE PRESENTS: That Larry Albenesius dba County of Denton of the City of npnrnn , and State of Tpx~~ , as principal, and Albenesius C:ontracti na Transamerica Premier Insurance Comoany, Irvine, California authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly hound unto THE CITY OF DENTON. TEXAS , OWNER, in the penal sum of SEVENTY NINE THOUSAND SEVEN HUNDRED NINETEEN AND NO CENTS Dollars ($ 79.719.00 for the payment whereof, the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, by thes presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the ~ day of MARCH , 1987 BID# 9721 - CROYDON, IMPERIAL, DOTSON ST'S WATER & SEWER LINES to which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION" OF THIS OBLIGATION IS SUCH, that if thé said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosection of the work provid!d 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 5l60 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 an~ agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications or drawings accompanying the same, shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITHNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument thislst day of April , 19 87 LARRY ALBENESIUS DBA ALBENESIUS CONTRACTING TRANSAMERICA PREMIER INSURANCE COMPANY Principal Surety By õ(7 ()L./A;UA> By: eLL k~ Title /JÙJ .tJe r Title Robert T. Cirone, Attorney-in-Fact Address Po .'RO)L. 11/:J-. J)pA/7~¡v 7í< 76;Jð:J- Address Box 82007, Lincoln, Nebraska 68501 (SEAL) (SEAL) The name and address of the Resident Agent of Surety is: Grea Faulx. 1812 Durham, Houston, Texas 77077 PB-4 0O92b ,r I~~~n~~~~!!sOa N~ 0281 Transamerica Premier Insurance Company Adm',"'"",, 0"", ,~'", C,lilom', GPA Power of Arromey valid only if numbered in red. General Powe, of Attorney Know All Men by These Presents, That Transamerica Premier Insurance Company, a corporation duly organized and existing under the laws of the State of California, and having its administrative office in Irvine, Orange County, California, does by these presents make, constitute and appoint ROBERT T. CIRONE of Lincoln and State of Nebraska its true and lawful AttorneYls)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver CONTRACT BONDS (S.B.A. Guarantee Aqreement) - MAXIMUM PENALTY $2S0.000.00 "TH IS POWER OF ATTORNEY SHALL TERMI NATE AND BE OF NO FURTHER EFFECT AFTER DECEMBER 31. 1987" and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. Said appointment is made under and by authority of the following resolution adopted by the 80ard of Directors of the Transamerica Premier Insurance Company, at a meeting held on the 12th day of June, 1984. "Be It Resolved, that the President, any Vice-President. any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint anyone or more suitable persons as Attorneyls)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: "Section 1. Attorney-in-Fact. Attorney-in-Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements of indemnity, consents of surety and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary. " In Witness Whereof, Transamerica Premier Insurance Company has caused these presents to be signed by its and its corporate seal to be hereto affixed this November, A.D" 19 86 President Sth day of County of Orange } ss. TRANSAMERICA PREMIER INS RA~ By ~.~~ ;> State of California day of ,Jo~n M Wynn ,Jack M Trapp executed the within instrument as Pres i dent acknowledged to me that the corporation executed it. ~':r~, JOO/~iC!,~L ~~~N ~FfT":" w.-,. '.v 1"'01 'C C'l'FORNIA \~; ¡:i';~::'~~~I~ g~d;iy¡;'r MY COMMISSION EXPIRES SEP. 18. 1987 I. the ún~er¡¡lgned-:;JJ'cretirry'òf1r:insallll!tlca rrmmer Insurance Company hereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Company. and do hereby further certify that the said Power of Attorney is still in force and effect. 5th , in the year 1986 , before me , a notary public, personally appeared , personally known to me to be the person who , on behalf of the corporation therein named and Q-ocJ-< ~. ¿(j~ Notary Public On this And I do hereby further certify that the Certification of this Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolution adopted by the Board of Oirectors of the Transamerica Premier Insurance Company at a meeting duly called and held on the 12th of June, 1984, and that said resolution has not been amended or repealed: "Resolved, that the signature of the Secretary or any Assistant Secretary of this Corporation. and the seal of Corporation. may be affixed or printed by facsimile to any certificate to a Power of Attorney of this Corporation, and that such printed facsimile signature and seal shall be valid and binding upon this Corporation." GIVEN under my hand and the seal of said Company. this 1st day of ----.bpril 19~~ (k¡u¿ THIS POWER OF ATTORNEY EFFECTIVE ONLY IF ATTACHED TO BOND NO. TPI619641 Secretary 'OO?4A 10-85 Bond No. TPI 619641 MAINTENANCE BOND STATE OF TEXAS )( COUNTY OF DENTON )( KNOW ALL MEN BY THESE PRESENTS: THAT Larry A1benesius dba A1benesius Contracting as Principal, and Transamerica Premier ~nsurance l-UUljJdIlY a Corporation authorized to do business in the State of Texas, as Surety, do hereby acknowledge themselves to be held and bound to pay unto the City of Denton, A Municipal Corporation of the State of Texas, its successors and assigns, at Denton, Denton County, Texas the sum of SEVEN THOUSAND NINE HUNDRED SEVENTY ONE DOLLARS AND NINETY CENTS Dollars ($ 7.971.90 ), 10% of the total amount of the contract for the payment of which sum said principal and surety do hereby bind themselves, their successors and asssigns, jointly and severally. This obligation is conditioned, however, that: WHEREAS, said ALBENESIUS CONTRACTING has this day entered into a written contract with the said City of Denton to build and construct BID# 9721 - CROYDON. IMPERIAL DOTSON ST'S WATER & SEWER LINES which contract and the plans and specifications therein mentioned, adopted by the City of Denton, are filed with the City Secretary of said City and are hereby expressly incorporatd herein by reference and made a part hereof as though the same were written and set out in full herein, and: WHEREAS, under the said plans, specifications, and contract, it is provided that the Contractor will maintain and keep in good repair the work therein contracted to be done and performed for a period of one (1) year from the date of acceptance thereof and do all necessary backfilling that may become necessary in connection therewith and do all necessary work toward the repair of any defective condition growing out of or arising from the improper construction of the improvements contemplated by said contractor on constructing the same or on account of improper excavation or backfilling, it being understood that the purpose of this section is to cover all defective conditions arising by reason of defective materials, work, or labor performed by said Contractor, and in case the said Contractor shall fail to repair, reconstruct or maintain said improvements it is agreed that the City may do said work in accordance with said contract and supply such materials and charge the same against the said Contractor and its surety on this obligation, and said Contractor and surety shall be subject to the damages in said contract for each day's failure on the part of said Contractor to comply with the terms and provisions of said contract and this bond. MB-l 0O93b NOW, THEREFORE, if the said Contractor shall perform its agreement to maintain said construction and keep same in repair for the maintenance period of one (1) year, as herein and said contract provided, then these presents shall be null and void and have no further effect; otherwise, to remain in full force and effect. It is further agreed that this obligation shall be a.. continuing one against the Principal and Surety and that successive recoveries may be had hereon for successive breaches of the conditions herein provided until the full amount of this bond shall have been exhausted, and it is further understood that the obligation to maintain said work. shall continue throughout said maintenance period, and the same shall not be changed, diminished, or in any manner affected from any cause during said time. IN WITNESS WHEREOF the said Larry Albenesius dba Albenesius Contracting as Contractor and Principal, has caused these presents to be executed by Larry Albenesius and the said Transamerica Premier Insurance 'Company as surety, has caused these presents to be executed by its Attorney-in-Fact Robert T. Cirone and the said Attorney-in-Fact has hereunto set his hand this ...l.sL day of 119ri 1 , 19 ~. SURETY: PRINCIPAL: TRANSAMERICA PREMIER INSURANCE COMPANY BY: fiLL,1:~ LARRY ALBENESIUS DBA ALBENESIUS CONTRACTING Robert T. Cirone Attorney-in-Fact öfa fllku~ LZ IUheA/t?s/~:5 ( MB-2 0093b ,r ~~~~n~~~~!~~a N~ 0280 GPA~-- Power of Arforney va¡;d only if numbered in red. Transamerica Premier Insurance Company Adm;,;"""" 011", '~m' C,hlom;, General Power of Attorney Know All Men by These Presents, That Transamerica Premier Insurance Company, a corporation duly organized and existing under the laws of the State of California, and having its adrninistrative office in Irvine, Orange County, California, does by these presents make, constitute and appoint ROBERT T. CIRONE of~Jjru;JlJll and State of Nebras ka its true and lawful Attorney(s¡-in-Fact. with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver CONTRACT BONDS (S.B.A. Guarantee Aqreement) - MAXIMUM PENALTY $250.000.00 "THIS POWER OF ATTORNEY SHALL TERMINATE AND BE OF NO FURTHER EFFECT AFTER DECEMBER 31. 1987" and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President. sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of the Transamerica Premier Insurance Company, at a meeting held on the 12th day of June, 1984. "Be It Resolved, that the President, any Vice-President. any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint anyone or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: "Section 1. Attorney-in-Fact. Attorney.in-Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements of indemnity, consents of surety and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney.in.Fact shall be binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary." In Witness Whereof, Transamerica Premier Insurance Company has caused these presents to be signed by its and its corporate seal to be hereto affixed this November, A.D., 19 86 President Sth day of State of California } ss. TRANSAMERICA PREMIER INS IRA~ By ~.~#? County of Orange On this day of ' in the year 19H6 , before me ,In. n M.. Wyn n , a notary public, personally appeared Jack M Tra pp , personally known to me to be the person who executed the within instrument as Pres i dent , on behalf of the corporation therein named and acknowle1g~d.to.m.e !h~t !h~ c!'1reo~atlor: e!ecuted it. - ~ 114f:-;:rf>, JC~/~":!'~:- ~~~N IJL.. /,' 1 [~'-\~.:.'.'::'; 11:-"',:"( I"muc C'UFORNIA (¿L./~ 11 :~~SI;N;~~~~:;\E~6~~~;!;;~' Notary Public I. the n e I n cr ry r -n a I r er Insurance Company hereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Company, and do hereby further certify that the said Power of Attorney is still in force and effect. 5th And I do hereby further certify that the Certification of this Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolution adopted by the Board of Directors of the Transamerica Premier Insurance Company at a meeting duly called and held on the 12th of June, 1984, and that said resolution has not been amended or repealed: "Resolved, that the signature of the Secretary or any Assistant Secretary of this Corporation, and the seal of Corporation, may be affixed or printed by facsimile to any certificate to a Power of Attorney of this Corporation, and that such printed facsimile signature and seal shall be valid and binding upon this Corporation." GIVEN under my hand and the seal of said Company, this 1st day of April 19~~' (k/J¿ THIS POWER OF ATTORNEY EFFECTIVE ONLY IF ATTACHED TO BOND NO. TPI 619641 Secretary 30024A 10-85 CITY OF DENTON MINIMUM INSURANCE REQUIREMENTS INSURANCE: Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted work and/or material has been completed/delivered and accepted by the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter. Satisfactory certificate( s) of insurance shall be filed with the Purchasing Department prior to starting any construction work or activities to deliver material on this Contract. The certificate(s) shall state that thirty' (30) days advance written notice will be given to the Owner before any policy covered thereby is changed or cancelled. The- bid number and title of the project should be indicated, and the City of Denton should also be listed on all policies as an additional named insured. To avoid any undue delays, it is worth reiterating that: II. III. 0 Thirty (30) days advance written cancellation shall be given; or notice of material change 0 The City of Denton shall be an additional named policies. insured on all 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: 0 0 Workmen's Compensation - Statutory Employer's Liability - Statutory 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: 0 A combined single limit of ssoo,ooo Comprehensive General Liability. Th is insurance shall be wr itten 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-l 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: 0 A combined single limit of $500,000 IV. Owner's Protective Liability Insurance Policy. This insurance shall provide coverage for the Owner and its employees, in the name of the City of Denton, for liability that may be imposed arising out of the work being performed by the Contractor. This also includes liability arising out of the omissions or supervisory acts of the Owner. Although this insurance is strictly for the benefit of the Owner, the Contractor is responsible for obtaining it at his expense. The liability limits shall not be less than: 0 A combined single limit of $500,000 INSURANCE SUMMARY: The Contract shall provide insurance to cover operating hazards dur ing the period of placing the facility in operation and during testing, and until such time as the facilities are completed and accepted for operation by the Owner and written notice of that fact has been issued by the Owner. Approval of the insurance by the Owner shall not in any way relieve or decrease the liability of the Contractor hereunder. It is expressly understood that the Owner does not in any way represent that the specified limits of liability or coverage or policy forms are sufficient or adequate to protect the interest or liabilities of the Contactor. Again, the Owner shall be given a certificate of insurance indicating that all of the above policies and the appropriate limits are indeed enforced. The certificate shall also indicate that the Owner will be given at least thirty (30) days written notice of cancellation, non-renewal, or material change of the required insurance coverage. All responsibility for payment of any sums resulting from any deductible provisions, corridor or self-insured retention conditions of the policy or policies shall remain with the Contractor. The Contractor shall not begin any work until the Owner has reviewed and approved the insurance certificates and so notified the contractor directly in writing. Any notice to proceed that is issued shall be subject to such approval by the Owner. CI-2 01/13/87 Binder No. 205 ] DON PETERSON & ASSOCIATES 212 N. MAIN P.O. BOX 646 ELKHORN, NEBRASKA 68022 (402) 289-3121 . COMPANY MARYLAND CASUALTY COMPANY Effective m ,19 Expires 0 12:01 am 0 Noof1!AY 13 ,19 87 0 This binder is issued to extend coverage in the abovehamed company per expiring policy # I"',pl """10' b,'owl <AME ANO MAILING ADDRESS OF INSURED Description of Ope,ationlVehlcles/Property CITY OF DENTON, TEXAS 901-B TEXAS STREET DENTON, TEXAS 76201 AnN: JOHN J; MARSHALL B-<-è/ 11~1 RECEIVED /:00 . 1\ 16 í[J87 Type and Location of Property Coverage/Perils/Forms Amt 01 Insurance Ded. Colno. i % i .a- -- ---.'. .. ..'.-----."- -., P R 0 P E R T Y , , Type of Insurance Coverage/Forms Limits of liability Each Occurrence Aggregate ~ [] Scheduled Form . [] Comprehensive Form ~ 0 Premises/Operations ' I 0 Products/Completed Operations ~ 0 Contractual ' . ~ [] Other (specify below)OWNER' S PROTECTIVE LIABI ITY 0 Med. Pay. $ Po' $ p" 0 Personal Injury P",on A"idon! Bodilylnjury'. $ 500,000; .;", ",',1" Property Damage $' 500,000. 'Bodilylnjury& """"1 Property Damage $ Combined $ , 500,000,1 $500,000.1 DA DB Dc Personal Injury Limits of liability Bodily Injury (Each Person) Bodily Injury (Each Accident) ~ 0 liability 0 Non.owned T 0 Comprehensive-Deductible g 0 Collislon.Deductible 0 0 Medical Payments -7. -0 Uninsured Motorist ~ 0 No Fault (specify): 0 Other (specify): 0 Hired $ $ $ $ Property Damage Bodily Injury & Property Damage Combined ' . $ 0 WORKERS' COMPENSATION - Statutory LImits (specify states below) 0 EMPLOYERS' LIABILITY - LImit ""," "', ",-,,_. i TEXAS - TOTAL AMOUNT OF 00' $79,7\9,00, . 4Ilj I " ~ ,¡.,t'~':.),.~~'!N;flr)'!)!1~"5fF~~;~;:~:';jj¥'i'~:~~~~;~ttÆ"Tt!'!'r""'f:¥~{i1'WJ!'(j 0 ADD'L INSURED ¡PECIAL CONDITIONS/OTHER COVERAGES PROJECT - CROYDEN, IMPERIAL & DOTSON STREETS, DENTON, . ~V # '??;!:-/ BINDER ISSUED PENDING ISSUANCE OF POLICY INDICATED lAME AND ADDRESS OF 0 MORTGAGEE 0 LOSSPAVEE CONTRACTOR LARRY ALBENESIUS CONTRACTING P. 0; BOX 93 JACKSON, NEBRASKA 68743 LOAN NUMBER PJ.-u ~C~ Signal""e of Authorized Rep,esenlati.. Date 'CORD 75 (11m",) .,. . ,,'. ~t¡¡ ISSUE DATE (MMIDDIYY) 4/6/87-R PRODUCER rí DON PETERSON & ASSOCIATES - 212 N; MAIN P. 0; BOX 646 ELKHORN, NEBRASKA 68022 THIS CERTIFICATE IS ISSUED AS A MAnER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFOROEO BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE f~~~~NY A NORTHERN INS; CO; OF NEW YORK f~ife~NY B TRAVELERS INDEMNITY CO. INSUREO LARRY ALBENESIUS CONTRACTING P; O. BOX 93 JACKSON, NEBRASKA 68743 f~~~~NY C f~~~~NY D f~ife~NY E THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REaUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS. AND CONDI. TIONS OF SUCH POLICIES. . CO LTR TYPE OF INSURANCE GENERAL LIABILITY COMPREHENSIVE fORM PREMISESIOPERATIONS UNDERGRDUNO EXPLOSION & COLLAPSE HAZARD PROOUCTSICOMPLETEO OPERATIONS CONTRAClUAl INDEPENDENT CONTRACTORS BROAD fORM PROffRTY DAMAGE PERSONAl INJURY AUTOMOBILE LIABILITY A X ANY AUTO AlL OWNED AUTOS (PRIV. PASS) AlL OWNEO AUTOS (~~~JRp~N) X HIREO AUTOS X NON.OWNED AUTOS GARAGE LIABILITY EXCESS LIABILITY UMBRELLA fORM OTHER THAN UMBRELLA fORM B WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY OTHER POLICY NUMBER POLICY EffECT.' DAT' (MMIDOIYY) LIABILITY LIMITS IN THOUSANDS "OCCÓ~~~NCE AGGREGATE POLICY EXPIRATION DAT' (MMiDOIYYJ GL-68555413 6/6/86 BODILY INJURY $ PROPERTY DAMAGE $ $ 6/6/87 $ ~öt::¡'ED $ 1 ,000 $ 1,000 PERSONAL INJURY $ 1,000 ; WAA-80364631 6/6/86 6/6/87 ""IY :~%l\SOr~ $ OOIX[Y ::::"'.""'111) $ PROPERTY DAMAGE $ BI& PO COMBINED ~öt::¡'ED $ , 6-UB-630G869-8-86 6/6/86 6/6/87 JOB: DESCRIPTION OF OPERATIONS/LOCATIONSIVEHICLEs/SPECIAL ITEMS WATER & SEWER LINE BID NO; 9721 CERTIFICATE' HOLDER!i,'à':;¡¡¡>.i""~ii;1!',,ì';;rii¥i¡;¡;;;,;Ì!;~&.'f,;-~¡ CANCEL1:Ãr'O~.¡¡¡~¡¡¡,¡;¡¡¡ræ¡;;:¡i$f¡i)\j¡w¡',;f.,~¡;j¥l',~"4;;\"i<P.;,,"~:"':¡f::t'., ", CITY OF DENTON TEXAS 901-B TEXAS STREET DENTON, TEXAS 76201 . ATTN: JOHN MARSHALL PURCHASING AGENT CERTIFICATE OF INSURANCE ClìY OF DENTON N.8 and Addnoss of ~ CIty of Denton Refenonce: Project N_: ffiOYID IM'IRIAL IXmm Sf'S W8oS UŒS Project No: BID# 9721 PI\one Project Location: cm (F 1EfIm, lIXAS Haneging Dept: P\.RQiASIN; ŒPM1!ÐT 1188 and Address of Insul"8d: ~18S Affording Coverage: A B PI\one C This Is to ~Ify 'ttIet policies of Insurance listed below he... b.n Issued and a... In f0rc8 at tills tl... ~y Tv- of Insurance Poll"" NunÞtr Expiration ~~..~:~~~~ Letter Dete ~.I... G8neral lillbility Occurrence - Occurnonce - ClaIms Made <- '2-reverse) Bodily Injury $ Ik'oad F- to lnel....: Property D8Mg8 $ - P,....lses/Operatlons - Independent Contractors - Pl'Oducts/~letad OperatIons Bodily Injury and Property $ - Personal Injury DIIII8g8 CoIN:> I necI - Contractual liability <- ,I-reverse) - Explosion and Collapse Hazard - Underground Hazard - liquor llabll ity Coverage - Fire Legal liability <- '~everse) - Broad Form Property Damage - Professional Errors/Omissions - occur!"81\C8 - claims made <- '2-reverse) ~relwlslv. Autot8obII. Bodily Injury/Person $ liability BodIly Injury/Accident $ - Owned/Leased Autanoblles Property DIIII8g8 $ - Non-owned Automobiles - HIred Autanoblles BodIly Injury/Property 0-98 CoIN:> I ned $ - ~S' eo..-nsatlon and ~tatutory Mount ~Ioyers' liability 88C ace 0ttI8r I nsur....... - - - Description of Operatlons/l..ocatlons/Vehlcles. The City of Denton Is an additional insured as Its Interest may _r as defined on the reverse sIde. 1188 and address of Certificate Holder. liME ISSUt.II CITY œ IE/'lm. 'JEfAS l'UII:1JASIl«; AŒNl' ~l-B 'JEfAS Sf IE/'lm, TX 76<m AUTHORIZED REPRESENTATIVE æ; B\IRŒ <F c:x:N:Jm[H) CN HŒ CJ:-4 1mJCÐ>. :0'S6g CI-3 CONDITIONS AlDITIaw. llBJRED: The City of Dffitcn. its elected éIXI ap¡xDnted affi.cials. affiœrn éIXI arplcTýeeI. (This åJes rnt a¡:ply to lb1œr's Cœp:matim.) OOITŒ œ CAID'liATIŒ: Prier to my mt.erial ~ er cm::ellatiaJ, tœ City of Dffitcn will be givm:J) æys adv¡n;e writtm rntice lŒIiled to tœ stated ai:Iress of tœ Certificate Ihlder, City of Dffitcn. 1. <nmiJ!croRAL CXJ.IæAŒ: (Liaillity assJIEId by ccntræt er agreeœnt, éIXI õDJld IDt otIErw:ise edst;) . The ccntrac:tml liàIility rapiraœnt strw1 a1 tœ l'eIIe!'Se side of this Certificate of Iœurmce t.nJer Cuq.."'",...ive Geœrnl Liaillity, IILISt :iIx:l.u:Ie a def1nitim of ~ bn:a:I ~ to ¡rov:ide ~ fer mligrtiC'l'Ji assJIEId by tœ ccntradzr in tœ referax:ed ccntræt- This Certificate of Iœurmce is ¡:rovided as req.ñred by tœ g¡vernÏrß ccntræt. 2. aAOO MAlE IU.ICY roM: Rapired per:icd of ~ will be œtermiœd by tœ foll.OOIß fOOllJ1a: Ca:ltinnJs ~ fer tœ life of tœ ccntræt. plus aE year (to ¡rov:ide ~ fer tœ warrmty per:icd). éIXI a ertar:ied dÏSCDIIe!y per:icd fer a minim.m of 5 years which shall begin at; tœ ED! of tœ warrmty per:icd. 3. FIÆ!.ED\L UABILTIY: (Rapired in all ccntracts ttBt involve tœ oc:cu¡ax:y, a::nstru:tia1 er alteratia1 of Cit;y-aŒd er leased fæiliti.es). Iœurmce is to CD'Ær" ~, ccntmts (wIEre awJ.ic:Ðle) éIXI pernaBltly installed ~ with respect to ¡xq:erty ~ to stru:t1Jres er ¡xrtia1s of stru:t1Jres :if" sx:h ~ is caJSed by tœ peril of fire éIXI We to tœ opernt:iaJs of tœ u..JI..<1.t.u.'. Limit of liàIility is to be a minim.m of $5OO,tD). CI-4 BID #9721 PROPOSAL TO THE CITY OF DENTON, TEXAS FOR THE CONSTRUCTION OF 1986 C.l.P. CROYDON AND IMPERIAL 8" WATER LINE AND DOTSON STREET SANITARY SEWER IN DENTON, TEXAS The undersigned, as bidder, declares tnat the only person or parties interested in this proposal as principals are those named herein, that this proposal is made without collusion with any other person, firm or corporation; that he has carefully examined the form of contract, Notice to Bidaers, specifications and the plans therein referred to, and has carefully examined the locations, conàitions, ana classes of materials ot the proposed work and agrees that he will proviàe all the necessary labor, machinery, tools, afJparatus, and other items inciDental to construction, anà will do all the work and furnish all the materials called for in the contract and specifications in the manner prescribed herein and accoràing to the requirements of the City as therein set forth. It is unàerstooà that the following quantities of work to De done at unit prices are approximate only, and are intended principally to serve as a guide in evaluating aids. It is agreed that the quantities of work to De done at unit prices and material to be turnishea may be 1ncreasea or diminished as may be considereà 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 agreeà that lump sum prices may be increased to cover additional work oràered by the City, but not shown on the plans or required by the specifications, in accordance w1ch tne provisions to the General Conditions. Similarly, .they may be decreased to cover deletion of work so ordereà. It is unàerstood and agreed that the work is to be completeà in full within the number of work days snown on the bid tabulation sheet. P - 1 COMPLETE & SUBMIT BOTH SETS OF BID PROPOSALS (yellow & gold copies) Accompanying this proposal is a certified or cashier's check or Bid Bond, payable to the Owner, in the amount of five percent of the total bid. It is understood that the bid security accompanying this proposal shall be returned to the bidder, unless in case of the acceptance of. the proposal, the bidder shall fail to execute a contract and file a performance bond and a payment bond within fifteen days after its acceptance, in which case the bid security shall become the property of the Owner, and shall be considered as a payment for damages due to delay and other inconveniences suffered by the Owner on account of such failure of the bidder. Owner reserves the right to reject any and all bids. Owner may investigate the prior performance of bidder on other contracts, either public or private, in evaluating bid proposals. Should bidder alter,' change, or qualify any specification of the bid, Owner may automatically disqualify bidder. The unaersigned 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 'Croydon 8. Water Line BID NO. PO NO. 9721 BID TABULATION SHEET ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL 1.21 I Contractor's w~rranties I $ :?ðO.o",/LS :;>{1" '~'O and Understandlngs LS $ L/.oo I 2.12.8 Cast Iron Fittings 0 LB. /LB 2.12.20-B 8. PVC water Main 882 LF $ /3.00 /LF II. 166.otJ 2.13-A 6. Gate Valve 2 EA $ 3$'ð.oO/EA 7ðO .<::'" 2.16~A 3/4" Water Service 17 EA $ .:J.SO.oolEA 4~S()'<Jo 3-A Remove Concrete Pavement 8 SY $ 1.00 /SY %,;"0 Remove Concrete Curb 3-B and Gutter 8 LF $ /,60 /LF 4.00 5.7-B Type D Asphalt Patch 75 TON $ Llo .<>0 /TON 3000.00 $ /1),00 /SY I ,1'1).00 5.8 6. Concrete Pavement 8 SY 7.4 Concrete Encasement 4 CY $ ."$.00 Icy ~;;O .00 Barricades, Warnings and $ 300. d%>/LS 300.<:>0 8.1 Detour Signs LS 8.2-A Concrete Curb & Gutter 8 LF $ ..).00 /LF 'IO.ðO SP-2 concrete Saw Cut 47 LF $ 1.00 /LF '(7.<>0 I $ I SP-IO Rock Clause 0 CY 30.00'CY i I I SP-14 Fire Hydrant Installation 2 EA $ SoO. ðo/EA J (}CO.oo TOTAL $,;1./ 'iJQ.ðO P - 3 ImpeÚal 8' Water Line ITEM 1.21 2.12.8 2.12.20-B 2.1J-A 2.13-B 2-14 2.16-A 2.16-B 2.16-C 3-A 3-B 5.7-B 5.8 7.4 8.1 8.2-A SP-2 SP-10 SP-14 BID NO. PO NO. 9/21 BID TABULATION SHEET QUANTITY UNIT TOTAL 1S LB. 1,974 LF 5 EA 2 EA 2 EA 37 EA 1 EA 1 EA 8 SY 20 LF 150 TON 8 SY 8 CY LS 20 LF 74 LF 0 CY J EA I ð I I U P - 4 DESCRIPTION Contractor's Warranties I and understandings Cast Iron Fittings 8" PVC Water Main 6' Gate Valves 8' Gate Valves Fire H drant 3/4' Water Service l' Water Service 1-1/2' Water Service Remove Concrete Pavement Remove Concrete Curb and Gutter T Patch 6' Concrete Pavement Concrete Encasement Barricades, Warnings and Detour signs Concrete Curb & Gutter Concrete Saw Cut Rock Clause Fire H drant Installation TOTAL Dotson a" sanitary Sewer ITEM DESCRIPTION BID TABULATION SHEET QUANTITY Contractor's warranties 1.21 and Understandings s" PVC water Pipe 2.12.20-B for Sanitary Sewer 5.7-B 7.4 7.6 a.l WS-llA SP-IO ~e D Asphalt Patch Concrete Encasement 506 30 4' I.D. Concrete Manhole Barricades, Warning and Detour Signs 4" Sewer Service Rock Clause -I ---l P - 5 UNIT LS LF TON 4 Cy 2 EA LS 2 EA 0 CY ~ u--... -"'w ~- BID NO. PO NO. q7?1 UNIT PRICE TOTAL $.:?oo.", ILS $ /1.0" ILF .J^" """ S£f¿,j" J)O $ '-10.00 ITON -$ 7..£00 Icy /:J 60 -00 300.0'" $ ¡oDD.I./EA $ ISo.<x>/LS l:Joo,oo 1~-tJ_ð '" $ ';;00.00 lEA LI~o.oo -~ 30.00/CY ~. $ '1Ift!Lo/iL. ð !:Il.Q . ~/¿~ BID SUMMARY SHEET WEEKDAYS BID Dotson 8" Sanitary Sewer 15 $ $ $ $ d~4//9.oo 4'1, cJ. !?Lf "'" ~ 0/10.00 7'1, 7/9. öo 1. Croydon 8" Water Line 10 2. 3. Imperial cl" Water Line 15 4. Projects 1-3 40 These projects are to be bid together. Contractor .shall not qualify any oid submitteà. The City of Denton reserves the right to awarà all or portions of this pacKage to inDividual contractors. P - 6 BID SUHMARY TOTAL BID ;:- IN 1~)~ ~" ~= In the event of the award of a contract to the unaersiyneà, the undersigned will furnish a performance bond and a payment boud 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 anà 'acceptance, and to guarantee payment for all lawful claims for labor performed and materials furnished in the fulfillment of the contract. It is under stood that the wor k proposed to be done shall De accepted, when fully completed and finisheD in accorciance with the plans and specifications, to the satisfaction of the Engineer. The undersigned certifies that the bid prices containeà in this proposal have been carefully checked and are submitteD as correct and final. Unit and lump-sum prices as shown for each item listeà in this proposal, shall control over extensions. t? '" ì 1'0- C ~ N; BY ~-r (/IA'_.Mnh~A-> Pz;, f1ð-l- I 7/..2.. Street Address )) /h pA/ e 5';,U CONTRACTOR O.eAJÌð.u lX. Clty and State 7 b ;. tJ ;2--- Seal & Authorization (If a Corporation) Ófi,;J - 3(,'1[> Telephone P - 7