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2009-020
FILE REFERENCE FORM 2009-020 X Additional File Exists Additional File Contains Records Not Public, According to the Public Records Act Other FILES Date Initials Change Order No. 5 is attached 06/01/11 JR ORDINANCE NO. ~2009- AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF THE ROSELAWN 2.5 MG CAPACITY ELEVATED WATER STORAGE TANK; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 4207-AWARDED TO THE LOWEST RESPONSIBLE BIDDER MEETING SPECIFICATION, LANDMARK STRUCTURES I, L.P. IN THE AMOUNT OF $5,146,000). WHEREAS, the City has solicited, received and tabulated competitive bids for the construction of public works or improvements in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or improvements described in the bid invitation, bid proposals and plans and specifications therein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The following competitive bids for the construction of public works or improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids: BID NUMBER CONTRACTOR AMOUNT 4207 Landmark Structures I, L.P. $5,146,000 SECTION 2. The acceptance and approval of the above competitive bids shall not constitute a contract between the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, and insurance certificate after notification of the award of the bid. SECTION 3. The City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein. SECTION 4. Upon acceptance and approval of the above competitive bids and the execution of contracts for the public works and improvements as authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the M1- day of 2009. ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: 4-0RD- X 4207 CONTRACT AGREEMENT STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT, made and entered into this 13`h day of January, A.D.. 2009, by and between City of Denton of the County of Denton and State of Texas, acting through George C. Campbell, thereunto duly authorized so to do, hereinafter termed "OWNER," and Landmark Structures I, LP 1665 Harmon Road Fort Worth, Texas 76177 of the City of Fort Worth, County of Tarrant and State of Texas, hereinafter termed "CONTRACTOR." WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by OWNER, and under the conditions expressed in the bonds attached hereto, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified below: Bid No. 4207-Roselawn Elevated Storage Tank in the amount of $5,146,000.00 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 work specified above, in accordance with the conditions and prices stated in the Proposal and the Performance and Payment Bonds, attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), and Instructions to Bidders, as referenced herein and on file in the office of the Purchasing Agent, and in accordance with the plans, which includes all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by: Birkhoff, Hendricks & Conway, L.L.P. all of which are referenced herein and made a part hereof and collectively evidence and constitute the entire contract. 4207 Contract docs Independent Status It is mutually understood and agreed by and between City and Contractor that Contractor is an independent contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas, for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, worker's compensation, or any other City employee benefit. City shall not have supervision and control of Contractor or any employee of Contractor, and it is expressly understood that Contractor shall perform the services hereunder according to the attached specifications at the general direction of the City Manager of the City of Denton, Texas, or his designee under this agreement. Indemnification Contractor covenants and agrees to and does hereby indemnify, hold harmless and defend, at its own expense, Owner, its officers, servants and employees, from and against any and all claims or suits for property loss or damage and/or personal injury, including death, to any and all persons, of whatsoever kind or character, whether real or asserted, arising out of the Work and services to be performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or invitees, whether or not caused, in whole or in part, by the alleged negligence of the officers, servants, employees, of the Owner. Contractor likewise covenants and agrees to, and does hereby, indemnify and hold harmless Owner during the performance of any of the terms and conditions of this Contract, whether arising out of in whole or in part, any and all alleged acts or omissions of officers, servants, or employees of Owner. The provisions of this paragraph are solely for the benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other person or entity. Choice of Law and Venue This agreement shall be governed by the law of the State of Texas and venue for its construction and enforcement shall lie in the courts of Denton County, Texas. The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in written notice to commence work and complete all work within the time stated in the Proposal, subject to such extensions of time as are provided by the General and Special Conditions. The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the Contract. 4207 Contract docs Right to Audit The OWNER shall have the right to audit and make copies of the books, records and computations pertaining to this agreement. The CONTRACTOR shall retain such books, records, documents and other evidence pertaining to this agreement during the contract period and five years thereafter, except if an audit is in progress or audit findings are yet unresolved, in which case records shall be kept until all audit tasks are completed and resolved. These books, records, documents and other evidence shall be available, within 10 business days of written request. Further, the CONTRACTOR shall also require all Subcontractors, material suppliers, and other payees to retain all books, records, documents and other evidence pertaining to this agreement, and to allow the OWNER similar access to those documents. All books and records will be made available within a 50-mile radius of the City of Denton. The cost of the audit will be borne by the OWNER unless the audit reveals an overpayment of 1% or greater. If an overpayment of 1% or greater occurs, the reasonable cost of the audit, including any travel costs, must be borne by the CONTRACTOR which must be payable within five business days of receipt of an invoice. Failure to comply with the provisions of this section shall be a material breach of this contract and shall constitute, in the OWNER'S sole discretion, grounds for termination thereof. Each of the terms "books" "records" "documents" and "other evidence" as used above shall be construed to include drafts and electronic files, even if such drafts or electronic files are subsequently used to generate or prepare a final printed document. 4207 Contract does IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. ATT'FgT- (Seal) CITY OF DENTON, TEXAS Owner BY: ` GE GE C. CAMPBELL TITLE: CITY MANAGER ATTEST: DIANE GENTRY LANDMARK STRUCTURES I, L.P. BY LANDMARK STRUCTURES MANAGEMENT, 71 R GENERAI, BY: ERIC LAMON Printed Name TITLE: VICE-PRESIDENT 1665 HARMON ROAD Mailing Address APPROVED AS TO FORM: ►ty Attorney FORT-WORTH, TEXAS 76177 City-State-Zip (817) 439-8888 Phone Number (817) 439-9001 Fax Number (Seal) 4207 Contract dots ORIGINAL PROPOSAL TO CITY OF DENTON, TEXAS (OWNER) FOR THE CONSTRUCTION OF ROSELAWN ELEVATED STORAGE TANK IN DENTON, DENTON COUNTY, TEXAS BID NO. 4207 The undersigned, as bidder, declares that the only person or parties interested in this proposal as principals are those named herein, that this proposal is made without collusion with any other person, firm, or corporation; that he has carefully examined the form of contract, Notice to Bidders, specifications and the plans therein referred to, and has carefully examined the locations, conditions, and classes of materials of the proposed work and agrees that he will provide all the necessary labor, machinery, tools, apparatus, and other items incidental to construction, and will do all the work and furnish all the materials called for in the contract and specifications in the manner prescribed herein and according to the requirements of the City as therein set forth. It is understood that the following quantities of work to be done at unit prices are approximate only, and are intended principally to serve as a guide in evaluating bids. It is agreed that the quantities of work to be done at unit prices and material to be furnished may be increased or diminished as may be considered necessary, in the opinion of the City, to complete the work fully as planned and contemplated, and that all quantities of work whether increased or decreased are to be performed at the unit prices set forth below except as provided for in the specifications. The contractor shall provide the numeric unit price and the. unit price in words for each quantity. Unit price in words governs over the numeric price given: 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 workdays shown on the bid tabulation sheet. 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: &krk9Me¢=VW7-117 fa cimm cst\VcmVocWp=\06.p&bs-Ldoc PBS-1 CITY OF DENTON, TEXAS Roselawn Elevated Storage Tank Bid No. 4207 BASE BID SCHEDULE (2.5-MG CAPACITY ELEVATED STORAGE TANK WITH 35' HEAD RANGE) Item Estimated Price in Extended No. Quan tity Unit Description and Price in Words Figures Amount 113 11 L.S Constructing a 2,500,000 Gallon Composite Elevated Water Storage Tank (Reinforced Concrete Column and 2,500,000 Gallon Steel Tank), High Water Level 826 MSL with a 35-foot operating range, in accordance with the Specifications, including all Instrumentation, Controls, Electrical, Site Piping, Site Work, Access Drive, Trench Safety Plan and Implementation, SW3P and Implementation, and appurtenances complete in place; the sum of 6 N1 ~u^+~ l6~(lly - Gi and po Cents per Lump Sum Dollars 6.5, SV.Lo I 0.OD l:UDmmn%2W7-147%specej=hW-P&9S2di PBS-2A Addendum No. 1 . ADDITIVE ALTERNATES TO THE BASE BID (2.5-MG CAPACITY ELEVATED STORAGE TANK WITH 35' HEAD RANGE) Item Estimated Price in Extended No. Quantity Unit Description and Price in Words Figures Amount 213 313 For Furnishing & Installing Upper Level Storage Floor in the Concrete Column of the 2.5 MG Tank, including all Electrical, Equipment & 1 L.S. Appurtenances complete in place, the sum of One Hundred Eighty-Six Thousand Dollars and no Cents per Lump Sum For Furnishing Stairway Access to the 2.5 MG Tank Bowl Catwalk Access in place of the base 1 L.S. bid ladder access complete in place, the sum of 186,000.00 186,000.00 Eighty-One Thousand Dollars and no 81,000.00 Cents per Lump Sum 413 For Accelerated Delivery of the Substantially 50 Days Completed Project, Ready for Beneficial Use the sum of Thousand Dollars X0' W and- no 3-66t60 Cents per Day 81,000.00 ef~ J:1Demon12001-147\y~\IY7-P&BS-2-xb PBS-3A Addendum No. 1 ALTERNATE BID (3.0-MG CAPACITY ELEVATED STORAGE TANK WITH 40' HEAD RANGE) Item Estimated Price in Extended No. Quantity Unit Description and Price in Words Figures Amount . Constructing a 3,000,000 Gallon Composite Elevated Water Storage Tank (Reinforced Concrete Column and 3,000,000 Gallon Steel Tank), High Water Level 826 MSL with a 40-foot operating range, in accordance with the Specifications, including all Instrumentation, Controls, Electrical, Site Piping, Site Work, Access Drive, Trench Safety Plan and Implementation, SW3P and Implementation, and IA I L.S. app con and in place, the sum of Dollars Sum 51005, 5 0&5.6m "b ADDITIVE ALTERNATES TO THE ALTERNATE BID Item Estimated Price in Extended No. Quantity Unit Description and Price in Words Figures Amount ror rumisnmg & installing Upper Level Storage Floor in the Concrete Column of the 3.0 MG Tank, including all Electrical, Equipment & 2A 1 L. S. Appurtenances complete in place, the sum of One Hundred Eighty-Six Thousand Dollars and no 186,000.00 186,000.00 Cents per Lump Sum For Furnishing Stairway Access to the 3.0 MG Tank Bowl Catwalk Access in place of the 3A 1 L.S. Alternate Bid ladder access complete in place, the sum of Eighty-One Thousand Dollars and no Cents per Lump Sum For Accelerated Delivery of the Substantially 4A 50 Days Completed Project, Ready for Beneficial Use the sum of 1&4t- 81,000.00 81,000.00 hi-ee Thousand - Dollars G and no 89 Cents per Day r<L u'° . ba wo, '2 1:\Dea= W7-147upwkecb`07-P&B&2j& PBS-4A Addendum No. I SUMMARY OF BID Roselawn Elevated Storage Tank BASE BID (2.5-MG CAPACITY ELEVATED STORAGE TANK WITH 35' HEAD RANGE) AMOUNT OF BASE BID (Item 113) ova-w - ADDITIVE ALTERNATE (Item 2B) ADDITIVE ALTERNATE (Item 3B) ADDITIVE ALTERNATE (Item 4B) $ 186,000.00 $ 81,000.00 - $ - rov ALTERNATE BID (3.0-MG CAPACITY ELEVATED STORAGE TANK WITH 40' HEAD RANGE) AMOUNT OF ALTERNATE BID (Item IA) $ 51005. ao , W _ ADDITIVE ALTERNATE (Item 2A) $ 186,000.00 _ ADDITIVE ALTERNATE (Item 3A) $ 81,000.00 _ 7,11~,/ow--00 ADDITIVE ALTERNATE (Item 4A) $9;~9~6Q _ IA- NOTE: Refer to TS2 of the Technical Specifications. The Additive Alternate Bid items may be added in part or in total to the Base Bid or Alternate Bid prior to award of a contract. Award of the contract will be based on items actually included in the Project. The City's decision to include the Additive Alternate items listed will be solely at the discretion of the City and for the City's benefit. The lowest responsive proposal for purposes of award shall be the conforming responsible Bidder offering the lowest aggregate amount for the Base Bid or Alternate Bid plus those Additive Alternate Bid items providing features of the work selected by the City. The City may or may not choose to incorporate any or all of the additive alternate items listed in the Proposal. r:\D"-\2007-14 =bWm-paas2.,a, PBS-5A Addendum No. I 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 finished 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. The undersigned agrees this bid becomes the property of the City of Denton after the official opening. The undersigned affirms that they are duly authorized to execute this contract. Vendor hereby assigns to purchaser any and all claims for overcharges associated with this contract which arise under the antitrust laws of the United States, 15 USCA Section 1 et se o., and which arise under the antitrust laws of the State of Texas, Tex. Bus. & Com. Code, Section 15.01, "s . Receipt is hereby acknowledged of the following addenda to the plans and specifications: Addendum No. 1 dated 12/10/08 Received Addendum No. 2 dated 12/12/08 Received Addendum No. 3 dated Received Addendum No. 4 dated Received Addendum No. 5 dated Received 12/10/08 12/12/08 LANDMARK STRUCTURES I, L.P. By: Landmark Structures Management Inc., General Partner Contractor By: Eric Lamon please Signature: Title: Vi ce`~resi dent Seal and Authorization 1665 Harmon Road (If a Corporation) Street Address Fort Worth, Texas 76177 City, County, State and Zip (817) 439-8888 (817) 439-9001 Telephone Fax No. E-Mail Address: elamon@ldmkusa.com FMcicaMcatm\2007-147 msdh Idw PBS-5 Bond No. 6329200 PERFORMANCE BOND STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That Landmark Structures I. LP ✓ whose address is 1665 Harmon Road. Fort Worth Texas 76177 hereinafter called Principal, and Fidelity and Deposit Company of Maryland a corporation organized and existing under the laws of the State of Maryland , and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, in the penal sum of Five Million. One Hundred Forty-Six Thousand Dollars and 00/1 00v"" ($5,146,000.00-0us ten percent of the stated penal sum as an additional sum of money representing additional court expenses, attorneys' fees, and liquidated damages arising out of or connected with the below identified Contract, in lawful money of the United States, to be paid in Denton County, Texas, for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement which reduces the Contract price decrease the penal sum of this Bond. THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain Contract, identified by Ordinance Number 2009-020, with the City of Denton, the Owner, dated the 13'' day of January A.D., 2009✓a copy of which is hereto attached and made a part hereof, for Bid #4207 Roselawn Elevated Storage Tank.-," NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill all of the undertakings, covenants, terms, conditions and agreements of said Contract in accordance with the Plans, Specifications and Contract Documents during the original term thereof and any extension thereof which may be granted by the Owner, with or without notice to the Surety, and during the life of any guaranty or warranty required under this Contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby waived; and, if the Principal shall repair and/or replace all defects due to faulty materials and workmanship that appear within a period of two (2) years from the date of final completion and final acceptance of the Work by the Owner; and, if the Principal shall fully indemnify and save harmless the Owner from all costs and damages which Owner may suffer by reason of failure to so perform herein and shall fully reimburse and repay Owner all outlay and expense which the Owner may incur in making good any default or deficiency, then this obligation shall be void; otherwise, it shall remain in full force and effect. sAnnmrials nn mggr t\prch\c=tmas doc ts44207 bon&doc PB-1 PROVIDED FURTHER, that if any legal action be filed upon this Bond, exclusive venue shall lie in Denton County, State of Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc., accompanying the same, shall 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, or to the Plans, Specifications, Drawings, etc. . This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, as amended, and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Denton County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Article 7.19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas. IN WITNESS WHEREOF, this instrument is executed in four (4) copies,. each one of which shall be deemed an original, this the 13th day of January, 2009. ✓ ATTEST: BY: Chris Lamon SLstcjt)T&fy Vice President ATTEST: BY: 4n=~ o n Sarnovsky, Attorney in-fact PRINCIPAL Landmark StructureI,, Pby Landmark Structures Manag ntz c., General BY: , Vice Pres SURETY: Fidelity and Dep it any of Maryland BY: Michael Gross, Att orn ey-in-Fact The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the processis: NAME: Tracey L. Haley STREET ADDRESS: 12222 Merit Dr., Suite 700, Dallas, TX 75251 (NOTE: Date of Performance Bond must be date of Contract. If Resident Agent is not a corporation, give a person's name.) s:4n m3fs a=iagan ut pmhlc=Uaccs doc==1s%4207 bondsdoc PB-2 (to IA,1SP Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND corporation of the State of Maryland, by DAVID S. HEWETT, Vice President, and GERALD F. HALEY, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By-Laws of said ny, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the d ereby nominate, constitute and appoint John SARNOVSKY, David SALTMARSH, M' a , David A. SMITH, Dan RACINE, Sean DEAKIN, Monique FARRELL and Ontario, EACH its true and lawful agent and Attorney-in-Fact, to make o del* v~ ehalf as surety, and as its act and deed: any and all bonds and unde g xec 'ott Ott or undertakings in pursuance of these presents, shall be as binding u 16 as y, a lI intents and purposes, as if they had been duly executed and ackno If r la the Company at its office in Baltimore, Md., in their own proper persons. Thi o a issued on behalf of John SARNOVSKY, David SALTMARSH, Michael GROSS, Lilia ROY Dan RACINE, Matthew NEWMAN, Sean DEAKIN, Monique FARRELL, Marguerite THOMP~ a September 10, 2008. The said Assistant Secretary does hereby certify that the extract set forth on the reverse side hereof is awe copy of Article Vl, Section 2, of the By-Laws of said Company, and is now in force. IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 26th day of November, A.D. 2008. ATTEST: 'gyp DEVO,/ +cP Poe o _ o J O the ~ State of Maryland t ss: City of Baltimore f FIDELITY AND DEPOSIT COMPANY OF MARYLAND By: Gerald F. Hale, Assistant Secretary David S. He)vett Vice President On this 26th day of November, A.D. 2008, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came DAVID S. HEWETT, Vice President, and GERALD F. HALEY, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. 2 . D. Qa",~ Maria D. Adamski Notan- Public My Commission Expires: July 8, 2011 POA-F 210- EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article V1, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, 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 concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-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, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,... and to affix the seal of the Company thereto." CERTIFICATE 1, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate: and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article V1, Section 2, of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the IOth day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company this 13th day of January 2009 J Assistant Serretan p N Bond No. 6329200 PAYMENT BOND STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That Landmark Structures I. LP ✓ whose address is 1665 Harmon Road. Fort Worth. Texas 76177 , hereinafter called Principal, and Fidelity and Deposit Company of Maryland ✓ , a corporation organized and existing under the laws of the State of Ma yland , and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, and unto all persons, firms, and corporations who may furnish materials for, or perform labor upon, the building or improvements hereinafter refe~ed to, in the pe 1 sum of Five Million. One Hundred Forty-Six Thousand Dollars and 00/100✓($5,146,000.0 m lawful money of the United States, to be paid in Denton County, Texas, for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement which reduces the Contract price decrease the penal sum of this Bond. THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain Contract, identified by Ordinance Number 2009-020, with the City of Denton, the Owner, dated the 13'' day of January A.D. 2009 ,✓a copy of which is hereto attached and made a part hereof, for Bid #4207 Roselawn Elevated Storage Tank.,/,,' NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties and make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying labor and/or material in the prosecution of the Work provided for in said Contract and any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby expressly waived, then this obligation shall be void; otherwise it shall remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive venue shall lie in Denton County, Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc., accompanying the same, shall 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, or to the Plans, Specifications, Drawings, etc. Y\antmals `mmag==tlp`chlcw"= d ctmxnLA4207 bon& dDc PB-3 This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, as amended, and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Denton County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Article 7.19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas. IN WITNESS WHEREOF, this instrument is executed in (4) four copies, each one of which shall be deemed an original, this the 13th day of January, 2009. ATTEST: L2 BY: Chris Lamon atUj!5ot Vice President ATTEST: BY: Joh arnovskV torney-in act PRINCIPAL Landmark Structures Landmark Structures Manage , I , General BY: , Vice President SURETY: Fidelity and Deposits Co an~ of MaJ land BY: Michael Gross, Attorney-in-Fact The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is: NAME: Tracey L. Haley STREET ADDRESS: 12222 Merit Dr., Suite 700, Dallas, TX 75251 (NOTE: Date of Payment Bond must be date of Contract. If Resident Agent is not a corporation, give a person's name) s\imte+ials mvug n Apmhlwn=ts docu ts14207 bor,&doc PB4 ©~1\0/~a !f Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, ,a corporation of the State of Maryland, by DAVID S. HEWETT, Vice President, and GERALD F. HALEY, Assistant Secretary, in pursuance of authority granted by Article V1, Section 2, of the By-Laws of said ny, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the dale ereby nominate, constitute and appoint John SARNOVSKY, David SALTMARSH, M' a , David A. SMITH, Dan RACINE, Sean DEAKIN, Monique FARRELL and a f' , Ontario, EACH its true and lawful agent and Attorney-in-Fact, to make o deli ehalf as surety, and as its act and deed: any and all bonds and unde g xec 'ot or undertakings in pursuance of these presents, shall be as bindinOuil 16 as ~y a intents and purposes, as if they had been duly executed and ackno th ~ r ,_la the Company at its office in Baltimore, Md., in their own proper persooa issued on behalf of John SARNOVSKY, David SALTMARSH, Michael GROSS, Lilia ROY ( Dan RACINE, Matthew NEWMAN, Sean DEAKIN, Monique FARRELL, Marguerite THOMP~Y~I:dtea September 10, 2008. The said Assistant Secretary does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By-Laws of said Company, and is now in force. IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 26th day of November, A.D. 2008. ATTEST: DEOps~i _ - o 0 lase 4 y.nt State of Maryland l ss: City of Baltimore f FIDELITY AND DEPOSIT COMPANY OF MARYLAND Gerald F. Haley Assistant Secretan-v By: A'J/ 3. David S. Hewett Vice President On this 26th day of November, A.D. 2008, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came DAVID S. HEWETT, Vice President, and GERALD F. HALEY, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. I fit, Maria D. Adannski Notan Public My Commission Expires: July 8, 2011 POA-F 210- EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, 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 concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-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, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,... and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 13th day of January 2009 Assistant Secretan• ACORD CERTIFICATE OF LIABILITY INSURANCE MMIDD/YYYY) T1,7DAT.,E 2009 PRODUCER Phone: 817-299-3800 Fax: 617-299-3890 IBTX Risk Services Hurst 8701 Bedford Euless Rd., #450 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Hurst TX 76053 INSURERS AFFORDING COVERAGE NAIC # INSURED / INSURERA:Twin City Fire 9459 Landmark Structures I, L. P.✓ INSURER B: Hartford Insurance Com Midwes 7478 1665 Harmon Road `dq INSURERC:Interstate Fire & Casualty 2829 0 Fort Worth TX 76177 L j INSURER D: ~i INSURER E: V VY Cf\MV"J THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR DD' NSR TYPE OF INSU CE NUMBER POLICY POLICY EFFECTNE DATE(MMIDDNY) POLICY EXPIRATION DATE MWDD/YY LIMITS GENERALLIABILITY 46 C QT0963 7/14/2008 7/14/2009 ACHOCCURRENCE $1,000 000 A DAMAGE TO RENTED X COMMERCIAL GENERAL LIABILITY PREMISES Eaoccurence $300,000 CLAIMS MADE IX I OCCUR MED EXP (Any one person) $10,000 PERSONAL& ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000, 000 GEWL AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/1 00 POLICY n PRO- I jLOC B AUT OMOBILE LIABILITY 46 UEN QT0964 7/14/2008 7/14/2009 COMBINED SINGLE LIMIT X ANYAUTOv/ (Ea accident) $1,000,000 ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) X HIREDAUTOS BODILY INJURY $ X NON-OWNEDAUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ C EXCESSNMBRELLALIABILITY 01610622 7/14/2008 7/14/2009 EACH OCCURRENCE $1,000,000 X OCCUR FICLAIMS MADE AGGREGATE $1,000,000 DEDUCTIBLE $ X RETENTION $S'000 $ A WORKERS COMPENSATION AND / 46 WE QT0962 ✓ 7/14/2008 7/14/2009 LIMIT ~forH- we I EMPLOYERS'LIABILITY v E.L. EACH ACCIDENT 0 $ 1 0 0 000 ANY PR ANY PROPRIETORI IETOR/PARTNERfEXECUTNE OFnCERIMEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $ 1 000, 000 If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY L IMIT $ 1 "100.000 OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS *Note: Carrier provides 10 day Notice of Cancellat}.on for non-payment of premium. E: Roselawn Elevated Storage Tank, Bid No. 4207 it f Dent Its officials, Agents, Employees and Volunteers, and others are required by written contract, are nclude as Additional SnsLired on the General Liability and Automobile policies per policy form✓The General Liability and Automobile insurance is rim mT a :y I any other valid or collectable insurance for the Additional Insured shall be excess Contractual Liability app ies per Hartford form HG0001 06/05 attached !Waiver of 11broaat4on is included in avor of the same on the Workers, Compensation policy.-umbrella policy follows form. rr_DrrrrrArF unI nr-D nONCFI I OTV)Nin SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED ✓ BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER City of Denton WILL ENDEAVOR TO MAIL 30tDA'YS WRITTEN NOTICE TO THE 901-B Texas Street CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO Denton TX 76209 SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATI ACORD 25 (2001/08) 1) ACUKU CUKPUKAI IUN 191:56 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001108) POLICY NUMBER: 46 C QT0963 (2) For the purpose of determining the limits of insurance for incidental medical malpractice, any act or omission together with all related acts or omissions in the furnishing of these services to any one person will be considered one "occurrence". 2. Exclusions This insurance does not apply to: a. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. b. Contractual Liability "Bodily injury" or "property damage" for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages: (1) That the insured would have In the absence of the contract or agreement; or (2) Assumed in a contract or agreement that is an "insured contract", provided the "bodily Injury" or "property damage" occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an "Insured contract", reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of "bodily injury" or "property damage", provided: (a) Liability to such party for, or for the cost of, that party's defense has also been assumed in the same "insured contract"; and (b) Such attorney fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. c. Liquor Liability "Bodily injury" or "property damage" for which any insured may be held liable by reason of: (1) Causing or contributing to the intoxication of any person; (2) The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol; or (3) Any statute, ordinance or regulation relating to the sale, gift, distribution or use of alcoholic beverages. This exclusion applies only if you are in the business of manufacturing, distributing, selling, serving or furnishing alcoholic beverages. d. Workers' Compensation And Similar Laws Any obligation of the insured under a workers' compensation, disability benefits or unemployment compensation law or any similar law. e. Employer's Liability "Bodily Injury" to: (1) An "employee" of the insured arising out of and In the course of: (a) Employment by the insured; or (b) Performing duties related to the conduct of the insured's business; or (2) The spouse, child, parent, brother or sister of that "employee" as a consequence of Paragraph (1) above. This exclusion applies: (1) Whether the insured may be liable as an employer or in any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by the insured under an "insured contract". Pollution (1) "Bodily Injury" or "property damage" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants": (a) At or from any premises, site or location which is or was at any time owned or occupied by, or rented or loaned to, any insured. However, this subparagraph does not apply to: (i) "Bodily injury" if sustained within a building and caused by smoke, fumes, vapor or soot produced by or originating from equipment that is used to heat, cool or dehumidify the building, or equipment that is used to heat water for personal use, by the building's occupants or their guests; (11) "Bodily injury" or "property damage" for which you may be held liable, if you are a contractor and the owner or lessee of such premises, site or location has been added to your policy as an additional insured with respect to your ongoing operations performed for that additional insured at that premises, site or location and such premises, site or location is not and never was owned or occupied by, or rented or loaned to, any insured, other than that additional insured; or Page 2 of 18 HG 00 01 06 05 iq2TaA. CITY OF DENTON, TEXAS ROSELAWN ELEVATED STORAGE TANK BID NO. 4207 CHANGE ORDER NO. 5 A. INTENT OF CHANGE ORDER The intent of this change order is to modify the provisions of the contract entered into between the City of Denton, Texas and Landmark Structures I, L.P., 1665 Harmon Road, Fort Worth, Texas 76177, for construction of the Roselawn Elevated Storage Tank, dated January 13, 2009. B. DESCRIPTION OF CHANGE 1) The City of Denton has requested certain site plan changes to enhanced and accommodate emergency equipment access to the site. This change order covers the additional labor and materials required to: a) Widen the Access Driveway from its original called 12-foot width to 20-foot in width b) Provide a double swing 28-foot wide gate in lieu of the 16-foot wide gate originally called for in the plans c) Provide and expanded hammerhead turn-out (40-feet wide x 64-feet long in lieu of the 40-foot wide x 26-foot long parking area), and eliminating the striped parking spaces d) Modify the alignment and grades of Storm Sewer Line "B" and Culvert "a-3" to accommodate the wider access driveway configuration. Attention is specifically directed to the Class IV RCP pipe required on Culvert A-3 (plan sheet 20-A1) and on portions of Storm Sewer Line "B"(plan sheet 21- Al) e) Revised Construction Plan Sheets 4-Al, 10, 11, 13, 14, 20-A1, 21-A1, 22-A1, 25, 26, 30, 39, and 40, marked "Change Order No. 5" indicate the site plan changes are attached hereto and made a part of this change order. Eliminate lime treated subgrade under driveway parking areas and expanded hammerhead turn-out, and replace with 8" flexible base with geotextile membrane. 2) Provide for compensation by Landmark to the City of Denton in the amount of $2,410 for quality control and material testing charges on the project due to re-test, overtime and/or no test taken. The material testing deduction in the amount of $3,675 on Pay Request 9 through current will be removed after execution of this change order. j:\c1erica1\denton0007-147 roselaww est\specs\change orders\change order no. 5\co-S.doe - 1 - C. EFFECT OF CHANGE ON CONTRACT AMOUNT This change order will have the following effect on the cost of this project: Item No. Description Previous Quantity Quantity This C.O. Revised Quantity Unit Unit Price mount of Change 7 Site Plan Changes to accommodate Emergency Equipment Access 0 1 1 L.S. $ 2664000 $ 26 640.00 8 Credit for Material Testing Charges 0 1 1 L. S. $ (2,410.00) $ (2,410.00) Total: $ 24,230.00 Change Order No. 1 Change Order No. 2 Change Order No. 3 Change Order No. 4 Change Order No. 5 Revised Contract Amount: $ 24,800.00 Not Used $ (3,128.00) $ 4,400.00 $ 24,230.00 $ 5,196,302.00 D. EFFECT OF CHANGE ON CONTRACT TIME The work required under this change order will add fifteen (15) additional days for Substantial Completion and zero (0) additional days for Final Completion. Substantial Completion 500 calendar days 0 calendar days Not Used 315 calendar days 0 calendar days 15 calendar davs 830 calendar days Final Completion 590 calendar days 0 calendar days Not Used 315 calendar days 0 calendar days 0 calendar davs 905 calendar days j :\clericahdenton\2007-147 roselawn est\specs\change ordeis!change order no. 5\co-5.doc -2- E. AGREEMENT By the signatures below of duly authorized agents, the City of Denton, Texas and Landmark Structures I, L.P., do hereby agree to append this Change Order No. 5 to the original contract between themselves, dated January 13, 2009. City of Denton Owner By: S By: gnature) Name: Nam .Q(p ease print) Title: DWOCCLE2 121 gritle: (please print) Date: V ✓ Landmark Structures I. L.P. Contractor (signature) r-- CA4'~ (please print) (please print) l Date: 441 j:\cledcal\denton\2007-147 roselawn esOspees\change orders\change order no. 5\co-5.doc - 3 - N a~ N v .o N 'd C .e ? 1n a ee ;a .o~ Z.a~ ro ~ C U Fn 7 g O e c~ ~ I~ye~ ~ ~ F y rte: Q ~ W IP. r.. I O w ~ ~ I w A I F a I ~ ~ ~ z b q ~ zt, w i 'A A v 01 AM l b w .5 4N A ~ o 0 Q OL p O I 'b y I N o ~ N w z l A W a N ~ 8 I I ( ~ F I I O I I t ° 0 o c 5 a GI N rr N co I Fw- I ~ ~ I a Z L~ Nz w 0 N z i b o ~~g O W ~ I ° I I- ~w~ -cr co z P o z a O ~0 co n C 4 ~ j I ~I 7 w L ~ W ]7. k c Q W F- Omo O ~ F~ O wz ~ I U d zl M U ° . ° .10 12 s N ~w~ UQ i Z c ° a i N J I U C' I ~ p w o I a I I N ~ I rU d b LEA w N ~ Q W O ~l bw0 ~D C7 C N 0 z w I v' CL ~ w z u L y ~ b Y .J I I a o i ° N o o M N N i I I ~ I i o I O o v I I C I I ° I ~ z I G r ~ y a o ; n ~ z~ FI .N S~ O ti O v C O o ~ ~ U ^ti H