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2008-205
ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR DRY AUGER BORING FOR VARIOUS CITY DEPARTMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 4103-ANNUAL CONTRACT FOR DRY AUGER BORING AWARDED TO THE LOWEST RESPONSIBLE BIDDER MEETING SPECIFICATION, MABAK DIRECTIONAL DRILLING, INC. IN THE ESTIMATED AMOUNT OF AMOUNT OF $350,000). 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 4103 Mabak Directional Drilling, Inc. Exhibit A 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 day of ,2008. ATTEST: JENNIFER WALTERS, CITY SECRETARY ar APPROVED AS TO LEGAL FORM: JOHN M. KNIGHT, INTERIM CITY ATTORNEY c F By. 3-ORD4 Exhibit A Bid #4103 Date: 8/12/08 Annual Contract For Dry Aucer Borina No. QTY DESCRIPTION VENDOR Mabak Directional Drilling, Inc. Principle Place of Business: Sanger, TX SECT ION 1 -1-35 BORE NORTH OF WEST OAK 1 18" Bore with 2-6" x 1-4' conduits installed in steel casing Unit Price per foot $230.00 Total Cost $93,840.00 1A Optional pricing to change bore from 18" to 24" with steel casing provided by contractor Unit Price per foot $425.70 Total Cost $173,685.60 SECTI ALL C SPEC ON II D OSTS, L IFICATI RY AUGER BORE ANNUAL PRICING - INCLUDES ABOR, AND SUPPLIES REQUIRED PER THE ONS EXCEPT STEEL CASINGS, FOR BORES 1 400 6" Bore in Dirt with Conduit/Line(s) installed in Steel Casing' $90.00 la Adder per foot for bore pits depth to 14' $285.00 1b Adder per foot for bore pits depth to 16' $315.00 1c Adder per foot for bore pits depth to 18' $375.00 1d Adder per foot for bore pits depth to 20' $455.00 2 100 6" Bore in Rock with Conduit/Line(s) installed in Steel Casing' $202.00 2a Adder per foot for bore pits depth to 14' $345.00 2b Adder per foot for bore pits depth to 16' $375.00 2c Adder per foot for bore pits depth to 18' $495.00 2d Adder per foot for bore pits depth to 20' $615.00 3 400 8" Bore in Dirt with Conduit/Line(s) installed in Steel Casing* $100.00 3a Adder per foot for bore pits depth to 14' $285.00 3b Adder per foot for bore pits depth to 16' $315.00 3c Adder per foot for bore pits depth to 18' $375.00 3d Adder per foot for bore pits depth to 20' $455.00 4 100 8" Bore in Rock with Conduit/Line(s) installed in Steel Casing* $204.00 4a Adder per foot for bore pits depth to 14' $345.00 L 4b Adder per foot for bore pits depth to 16' $375.00 Exhibit A Bid #4103 Date: 8112/08 Annual Contract For Dry Auaer Borina No. QTY DESCRIPTION rinciple Place of Business: VENDOR Mabak Directional Drilling, Inc. Sanger, TX 4c Adder per foot for bore pits depth to 18' $495.00 4d Adder per foot for bore pits depth to 20' $615.00 5 400 10" Bore in Dirt with Conduit/Line(s) installed in Steel Casing' $110.00 5a Adder per foot for bore pits depth to 14' $285.00 5b Adder per foot for bore pits depth to 16' $315.00 5c Adder per foot for bore pits depth to 18' $375.00 5d Adder per foot for bore pits depth to 20' $455.00 6 100 10" Bore in Rock with Conduit/Line(s) installed in Steel Casing' $206.00 6a Adder per foot for bore pits depth to 14' $345.00 6b Adder per foot for bore pits depth to 16' $375.00 6c Adder per foot for bore pits depth to 18' $495.00 6d Adder per foot for bore pits depth to 20' $615.00 7 400 12" Bore in Dirt with Conduit/Line(s) installed in Steel Casing` $120.00 7a Adder per foot for bore pits depth to 14' $285.00 7b Adder per foot for bore pits depth to 16' $315.00 7c Adder per foot for bore pits depth to 18' $375.00 7d Adder per foot for bore pits depth to 20' $455.00 8 100 12" Bore in Rock with Conduit/Line(s) installed in Steel Casing` $208.00 8a Adder per foot for bore pits depth to 14' $345.00 8b Adder per foot for bore pits depth to 16' $375.00 8c Adder per foot for bore pits depth to 18' $495.00 8d Adder per foot for bore pits depth to 20' $615.00 9 400 14" Bore in Dirt with Conduit/Line(s) installed in Steel Casing' $140.00 9a Adder per foot for bore pits depth to 14' $285.00 9b Adder per foot for bore pits depth to 16' $315.00 9c Adder per foot for bore pits depth to 18' $375.00 9d Adder per foot for bore pits depth to 20' $455.00 Exhibit A Bid #4103 Date: 8112/08 Annual Contract For Drv Auaer Borina No. QTY DESCRIPTION rinciple Place of Business: VENDOR Mabak Directional Drilling, Inc. Sanger, TX 10 100 14" Bore in Rock with Conduit/Line(s) installed in Steel Casing' $210.00 10a Adder per foot for bore pits depth to 14' $345.00 10b Adder per foot for bore pits depth to 16' $375.00 10c Adder per foot for bore pits depth to 18' $495.00 10d Adder per foot for bore pits depth to 20' $615.00 11 400 16" Bore in Dirt with Conduit/Line(s) installed in Steel Casing' $160.00 11a Adder per foot for bore pits depth to 14' $285.00 11b Adder per foot for bore pits depth to 16' $315.00 11c Adder per foot for bore pits depth to 18' $375.00 11d Adder per foot for bore pits depth to 20' $455.00 12 100 16" Bore in Rock with Conduit/Line(s) installed in Steel Casing` $215.00 12a Adder per foot for bore pits depth to 14' $345.00 12b Adder per foot for bore pits depth to 16' $375.00 12c Adder per foot for bore pits depth to 18' $495.00 12d Adder per foot for bore pits depth to 20' $615.00 13 400 18" Bore in Dirt with Conduit/Line(s) installed in Steel Casing` $180.00 13a Adder per foot for bore pits depth to 14' $285.00 13b Adder per foot for bore pits depth to 16' $315.00 13c Adder per foot for bore pits. depth to 18' $375.00 13d Adder per foot for bore pits depth to 20' $455.00 14 100 18" Bore in Rock with Conduit/Line(s) installed in Steel Casing` $220.00 14a Adder per foot for bore pits depth to 14' $345.00 14b Adder per foot for bore pits depth to 16' $375.00 14c Adder per foot for bore pits depth to 18' $495.00 14d Adder per foot forbore pits depth to 20' $615.00 15 400 20" Bore in Dirt with Conduit/Line(s) installed in Steel Casing` $200.00 Exhibit A Bid #4103 Date: 8/12/08 Annual Contract For Dry Auner Borina No. QTY DESCRIPTION rinciple Place of Business: VENDOR Mabak Directional Drilling, Inc. Sanger, TX 15a Adder per foot for bore pits depth to 14' $285.00 15b Adder per foot for bore pits depth to 16' $315.00 15c Adder per foot for bore pits depth to 18' $375.00 15d Adder per foot for bore pits depth to 20' $455.00 16 100 20" Bore in Rock with Conduit/Line(s) installed in Steel Casing' $240.00 16a Adder per foot for bore pits depth to 14' $345.00 16b Adder per foot for bore pits depth to 16' $375.00 16c Adder per foot for bore pits depth to 18' $495.00 16d Adder per foot for bore pits depth to 20' $615.00 17 400 24" Bore in Dirt with Conduit/Line(s) installed in Steel Casing' $240.00 17a Adder per foot for bore pits depth to 14' $285.00 17b Adder per foot for bore pits depth to 16' $315.00 17c Adder per foot for bore pits depth to 18' $375.00 17d Adder per foot for bore pits depth to 20' $455.00 18 100 24" Bore in Rock with Conduit/Line(s) installed in Steel Casing' $280.00 18a Adder per foot for bore pits depth to 14' $345.00 18b Adder per foot for bore pits depth to 16' $375.00 18c Adder per foot for bore pits depth to 18' $495.00 18d Adder per foot for bore pits depth to 20' $615.00 19 400 30" Bore in Dirt with Conduit/Line(s) installed in Steel Casing' $300.00 19a Adder per foot for bore pits depth to 14' $285.00 19b Adder per foot for bore pits depth to 16' $315.00 19c Adder per foot for bore pits depth to 18' $375.00 19d Adder per foot for bore pits depth to 20' $455.00 20 100 30" Bore in Rock with Conduit/Line(s) installed in Steel Casing' $340.00 20a Adder per foot for bore pits depth to 14' $345.00 Exhibit A Bid #4103 Date: 8/12108 Annual Contract For Dry Auaer Borina No. QTY DESCRIPTION VENDOR Mabak Directional Drilling, Inc. Principle Place of Business: Sanger, TX 20b Adder per foot for bore pits depth to 16' $375.00 20c Adder per foot for bore pits depth to 18' $495.00 20d Adder per foot for bore pits depth to 20' $615.00 21 400 36" Bore in Dirt with Conduit/Line(s) $340 00 installed in Steel Casing' . 21a Adder per foot for bore pits depth to 14' $285.00 21b Adder per foot for bore pits depth to 16' $315.00 21c Adder per foot for bore pits depth to 18' $375.00 21c Adder per foot for bore pits depth to 20' $455.00 22 100 36" Bore in Rock with Conduit/Line(s) $420 00 installed in Steel Casing' . 22a Adder per foot for bore pits depth to 14' $345.00 22b Adder per foot for bore pits depth to 16' $375.00 22c Adder per foot for bore pits depth to 18' $495.00 22d Adder per foot for bore pits depth to 20' $615.00 23 Unit price for bores less than 50' in length $ per bore job $5,000.00 24 Unit price for bores greater than 200' in length $ per foot $45.00 Per linear foot adder to cut concrete 25 Price shall include restoration of $14.75 concrete $ per linear ft. Per linear foot adder to cut asphalt Price 26 shall include restoration of asphalt $16.75 $ per linear ft. SECTI ON III - STEEL CASING TO BE SUPPLIED B Y 1 500 6" Diameter steel casing with 0.2500" minimum thickness $18.50 2 500 8" Diameter steel casing with 0.2500" minimum thickness $21,00 3 500 10" Diameter steel casing with 0.2500", minimum thickness $31.00 4 500 12" Diameter steel casing with 0.2500" minimum thickness $33.00 5 500 14" Diameter steel casing with 0.3125" minimum thickness $50.00 6 500 16" Diameter steel casing with 0.3125" minimum thickness $56.00 7 500 18" Diameter steel casing with 0.3125" minimum thickness $63.00 Exhibit A Bid #4103 Date: 8112108 Annual Contract For Drv Auaer Borina No. QTY DESCRIPTION VENDOR Mabak Directional Drilling, Inc. Principle Place of Business: Sanger, TX 8 500 20" Diameter steel casing with 0.3750" minimum thickness $70.00 9 500 24" Diameter steel casing with 0.4375" minimum thickness $107.00 10 500 30" Diameter steel casing with 0.5000" minimum thickness $142.00 11 500 36" Diameter steel casing with 0.5625" minimum thickness $187.00 ADDENDUM #1 Yes BID BOND Yes `Per TxDOT standards 'The total bore price will be determined by adding Section 11 and the necessary steel casing in Section III. CONTRACT AGREEMENT STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT, made and entered into this 16th day of September A.D., 2008, 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 Mabak Directional Drilling, Inc. 3447 McReynolds Rd. Sanger. Texas 76266 of the City of Sanger, County of Denton 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 #4103 - Annual Contract for Dry Auger Boring Sections I, II, & III in the amount of $350,000 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 all local, state and federal laws; and plans, which includes all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by: City of Denton Staff all of which are referenced herein and made a part hereof and collectively evidence and constitute the entire contract. CA-1 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. CA-2 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. CA - 3 IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. ATTEST: ATTEST: City of Denton OWNER BY: (SEAL) i CONTRACTOR MAILING ADDRESS 533`7 PHONE NUMBER 9A 0 - ~8 - 33 tA,9 APPROVED AS TO FORM: / ~ ATTORNEY CA-4 FAX NUMBER BY: TITLE u e,\ A ( 'Ar PRINTED NAME (SEAL) PERFORMANCE BOND STATE OF TEXAS BOND #4369641 COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That Mabak Directional Drillin~',hose address is 3447 McReynolds Rd. Sanger, Texas 76266 , a corporation organized and hereinafter called Principal, and Suretec Insurance CompanyvIll, existing under the laws of the State of Texas , and frilly authorized to transact business in the State of Texas, as Surety, are held and firmly bound Lento the City of Denton, a municipal corporation organized and existing under the laws of the State of Texas, reinafter called Owner, in the penal sum of Three Hundred Fifty Thousand and NO/100 DOLLAR $350,000.0 us 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 lawii►1 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 2008-205 with the City of Denton, the Owner, dated the 16th day of ,September A.D. 2008 for Bid #4103 - Annual Contract for Dry Auger Boring Sections 1, H & 111.% 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, tenns, 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) year from the date of final completion and final acceptance of the Work by the Owner; and, if the Principal shall fully indemnify and save harmless the Owner from all costs and damages which Owner may suffer by reason of failure to so perform herein and shall fully reimburse and repay Owner all outlay and expense which the Owner may incur in making good any default or deficiency, then this obligation shall be void; otherwise, it shall remain in full force and effect. PB - 1 PROVIDED FURTHER, that if any legal action be filed upon this Bond, exclusive venue shall lie 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'Iexas 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 ' four copies, each one of which shall be deemed an original, this the 16th day of September, 2008 ATTEST: BY: S CRET A B PRINCIPAL Mabak Directio al D filling, Inc. BY: Z4~la P SIDENT SURETY Suretec Insurance Company 9737 Great Hills Trail #320; Austin. TX 78 BY: - v ATTORINEY-IN-PACT / Debi Moon The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is: NAME: STAR Insurance Services of Texas STREET ADDRESS: 4805 S. Colony Blvd; The Colony, TX 75056 (NOTE: Date of Performance Bond must be date of Contract. If Resident Agent is not a corporation, give a person's name.) PI3-2 X0 11Y PAYMENT BOND STATE OF TEXAS BOND # 4369641 COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS: That Iylabak Directional Drillin Inc4hose address is 3447 McRe nolds Sanger, Texas 76266, hereinafter called Principal, and Suretec Insurance Company , a corporation organized and existing under the laws of the State of Texas , 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 fiu-nish materials for, or perform labor upon, the building or improvements hereinafter refer d to, in the penal sum of Three Hundred Fifty Thousand and NO1100 DOLLARS ($350,000.Q 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 2008-205 with the City of Denton, the Owner, dated the 16th day of S ptember A.D. 2008, for Bid #4103 - Annual Contract for Dry Auger Boring Sections I, II & III.7 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 III 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. 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 surety, 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 i four copies, each one of which shall be deemed an original, this the 16th day of September, 2008 ATTEST: BY: SECRET A B PRINCIPAL Mabak Directional Drilling, Inc. BY: P SIDENT SURETY Suretec Insurance Company 9737 Great Hills Trail #320; Austin, TX,7~9'759 BY:\ ATTORNEY-IN-FACT / D i Moon The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is: NAME: STAR Insurance Services of Texas STREET ADDRESS: 4805 S. Colony; The Colony TX 75056 (JVOTE: Date of Payment Bond must be date of'C'ontract. If Resident Agent is not a corporation, give a person's name.) PB-4 It, POA 4221057 SureTec Insurance Company . LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY he "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint Debi Moon!-Alan C. Robinson, Steven L. Thomas, Kelly D. Clark of The Colony, Texas its true and lawful Attorney(s)-in-fact, with fill] power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety, providing the bond penalty does not exceed Five Million and no/100 Dollars (55,000,000.00)t,/ 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 confrrp»ng all that the said Attorney(s)-in-Fact may do in the premises. Said appointment shall continue in force until 12/31/09 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one 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: Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity 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 effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 2t9`t' of April, 1999) In Witness Whereof, SiJRETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 20th day of June, A.D. 2005. URETEC INS CE COMPANY w ! 9 By: w w i a Bill King, re nt State of Texas ss: County of Harris On this 201h day of June, A.D. 2005 before me personally came Bill King, to me known, who, being by me duly sworn, did depose and say, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. Michelle Denny ~""Y°` (Votary Public Mn State of Texas f r vl ds„r WCommisslon Explres A'fichelle Denny, Notary Pub re august 27, 2008 My commission expires August 27, 2008 1, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attomey are in full force and effect. Given under my hand and the seal of said Company at Houston, Texas this day of'\t~' 20 , A.D. AT. Brent Beaty, Assistant Se re ry Any instrument issued in excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may call (713) 812-0800 any business day between 8:00 am and 5:00 pm CST. l CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Bidder's attention is directed to the insurance requirements below. It is highly recommended that bidders confer with their respective insurance carriers or brokers to determine in advance of Bid submission the availability of insurance certificates and endorsements as prescribed and provided herein. If an apparent low bidder fails to comply strictly with the insurance requirements, that bidder may be disqualified from award of the contract. Upon bid award, all insurance requirements shall become contractual obligations, which the successful bidder shall have a duty to maintain throughout the course of this contract. STANDARD PROVISIONS: Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted work has been completed and accepted by the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter. As soon as practicable after notification of bid award, Contractor shall file with the Purchasing Department satisfactory certificates of insurance, containing the bid number and title of the project. Contractor may, upon written request to the Purchasing Department, ask for clarification of any insurance requirements at any time; however, Contractors are strongly advised to make such requests prior to bid opening, since the insurance requirements may not be modified or waived after bid opening unless a written exception has been submitted with the bid. Contractor shall not commence any work or deliver any material until he or she receives notification that the contract has been accepted, approved, and signed by the City of Denton. All insurance policies proposed or obtained in satisfaction of these requirements shall comply with the following general specifications, and shall be maintained in compliance with these general specifications throughout the duration of the Contract, or longer, if so noted. Each policy shall be issued by a company authorized to do business in the State of Texas with an A.M. Best Company rating of at least A. Any deductibles or self-insured retentions shall be declared in the bid proposal. If requested by the City, the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, its officials, agents, employees and volunteers, or, the contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. Liability policies shall be endorsed to provide the following: ■ Name as additional insured the City of Denton, its Officials, Agents, Employees and volunteers. • That such insurance is primary to any other insurance available to the additional insured with respect to claims covered under the policy and that this insurance applies separately to each insured against whom claim is made or suit is brought. The inclusion of more than one insured shall not operate to increase the insurer's limit of liability. • Cancellation: City requires 30 day written notice should any of the policies described on the certificate be cancelled or materially changed before the expiration date. • Should any of the required insurance be provided under a claims-made form, Contractor shall maintain such coverage continuously throughout the term of this contract and, without lapse, for a period of three years beyond the contract expiration, such that occurrences arising during the contract term which give rise to claims made after expiration of the contract shall be covered. • Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit providing for claims investigation or legal defense costs to be included in the general annual aggregate limit, the Contractor shall either double the occurrence limits or obtain Owners and Contractors Protective Liability Insurance. • Should any required insurance lapse during the contract term, requests for payments originating after such lapse shall not be processed until the City receives satisfactory evidence of reinstated coverage as required by this contract, effective as of the lapse date. If insurance is not reinstated, City may, at its sole option, terminate this agreement effective on the date of the lapse. SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: All insurance policies proposed or obtained in satisfaction of this Contract shall additionally comply with the following marked specifications, and shall be maintained in compliance with these additional specifications throughout the duration of the Contract, or longer, if so noted: [X] A. General Liability Insurance: General Liability insurance with combined single limits of not less than $1,000,000 shall be provided and maintained by the Contractor. The policy shall be written on an occurrence basis either in a single policy or in a combination of underlying and umbrella or excess policies. Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual liability covering this contract and broad form property damage coverage. • Coverage B shall include personal injury. • Coverage C, medical payments, is not required. and ISO Form GL 0404) is used, it shall include at least: Bodily injury and Property Damage Liability for premises, operations, products and completed operations, independent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures. • Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability. [X] Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than $500,000 either in a single policy or in a combination of basic and umbrella or excess policies. The policy will include bodily injury and property damage liability arising out of the operation, maintenance and use of all automobiles and mobile equipment used in conjunction with this contract. Satisfaction of the above requirement shall be in the form of a policy endorsement for: • any auto, or • all owned, hired and non-owned autos. [X] Workers Compensation insurance Contractor shall purchase and maintain Worker's Compensation insurance which, in addition to meeting the minimum statutory requirements for issuance of such insurance, has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 policy limit for occupational disease. The City need not be named as an "Additional Insured" but the insurer shall agree to waive all rights of subrogation against the City, its officials, agents, employees and volunteers for any work performed for the City by the Named Insured. For building or construction projects, the Contractor shall comply with the provisions of Attachment 1 in accordance with §406.096 of the Texas Labor Code and rule 28TAC 110.110 of the Texas Worker's Compensation Commission (TWCC). [ ] Owner's and Contractor's Protective Liability Insurance The Contractor shall obtain, pay for and maintain at all times during the prosecution of the work under this contract, an Owner's and Contractor's Protective Liability insurance policy naming the City as insured for property damage and bodily injury which may arise in the prosecution of the work or Contractor's operations under this contract. Coverage shall be on an"occurrence" basis, and the policy shall be issued by the same insurance company that carries the Contractor's liability insurance. Policy limits will be at least $ combined bodily injury and property damage per occurrence with a $ aggregate. [ ] Fire Damage Legal Liability Insurance Coverage is required if Broad form General Liability is not provided or is unavailable to the contractor or if a contractor leases or rents a portion of a City building. Limits of not less than each occurrence are required. [ ] Professional Liability Insurance Professional liability insurance with limits not less than $ per claim with respect to negligent acts, errors or omissions in connection with professional services is required under this Agreement. [ ] Builders' Risk Insurance Builders' Risk Insurance, on an All-Risk form for 100% of the completed value shall be provided. Such policy shall include as "Named Insured" the City of Denton and all subcontractors as their interests may appear. [ J Commercial Crime Provides coverage for the theft or disappearance of cash or checks, robbery inside/outside the premises, burglary of the premises, and employee fidelity. The employee fidelity portion of this coverage should be written on a "blanket" basis to cover all employees, including new hires. This type insurance should be required if the contractor has access to City funds. Limits of not less than $ each occurrence are required. Additional Insurance Other insurance may be required on an individual basis for extra hazardous contracts and specific service agreements. If such additional insurance is required for a specific contract, that requirement will be described in the "Specific Conditions" of the contract specifications. ATTACHMENT 1 [X] Worker's Compensation Coverage for Building or Construction Projects for Governmental Entities A. Definitions: Certificate of coverage ("certificate")-A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in §406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any overage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the Contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: 1. a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and 2. no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 1. The contractor shall contractually require each person with whom it contracts to provide services on a project, to- 1 . provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; 2. provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; 3. provide the contractor, prior to the end of the coverage period, anew certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 4. obtain from each other person with whom it contracts, and provide to the contractor: a. a certificate of coverage, prior to the other person beginning work on the project; and b. a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 5. retain all required certificates of coverage on file for the duration of the project and for one year thereafter; 6. notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and 7. contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 1491, 80th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with chapter 176 of the Local Government Code by a person Date Received who has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the person meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local government entity not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government Code. A person commits an offense if the person knowingly violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor. 1 Name of person who has a business relationship with local governmental entity. 2 ❑ Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7w business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) 3 Name of local government officer with whom filer has an employment or business relationship. Name of Officer This section, (item 3 including subparts A, B, C & D), must be completed for each officer with whom the filer has an employment or other business relationship as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income from the , filer of the questionnaire? 0 Yes E-]No B. Is the filer of the questionnaire receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? FJ Yes 0 No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership of 10 percent or more? Yes 0 No D. Describe each affiliation or business relationship. 4 Signature of person doing business with the governmental entity Date Adopted 06/292007 CITY OF DENTON ANNUAL CONTRACT FOR DRY AUGER BORING SECTION I: Bid Proposal for I-35 North of West Oak Street Project (Appendix B) Note: • This is a TxDOT Interstate crossing project • TxDOT bore permit is valid until September 9, 2008 • City to provide PVC conduits, steel casing, and PVC bore spacers to be installed by the contractor inside steel casing • Prices shall include all costs required for the completion of project including but not limited to the fabrication and delivery of materials, labor, bonds, insurance, and any other project costs not identified as supplied by the city. • In case of a calculation error, unit pricing shall prevail. RETURN ONE (1) COMPLETE ORIGINAL AND ONE (1) COPY OF EXECUTED BID PROPOSAL 3 iZ Z008 Date Sig , fire of Authorized Representative PAGE 2 OF BID #4103 S.- Company Name Bidder's Initials CITY OF DENTON ANNUAL CONTRACT FOR DRY AUGER BORING BID PROPOSAL FOR: Annual Contract Pricing for Projects as Needed by the City of Denton ESTIMATED ANNUAL ITEM FEET ID .x pp sm DESCRIPTION s UOM NIT PRICE OTAL AMOUNT SECTION II DRY AUGER BORE ANNUAL PRICING - INCLUDES ALL COSTS, LABOR, AND SUPPLIES REQUIRED PER THE SPECIFICATIONS EXCEPT STEEL CASLN! SG FOR BORES WITH PITS TO 12 FEET. 1 400 AB69 6" Bore in Dirt with Conduit/Line(s) installed in Steel Casing' FT Q. D 3lo,DDU 1 a Adder per foot for bore pits depth to 14' FT D = b b lb Adder per foot for bore its depth to 16' FT 3 [s. DD fIO • DO 1C Adder per foot for bore pits depth to 18' FT 3 z D 1 d Adder per foot for bore pits depth to 20' FT 14 t7D 9 jb. UD 2 100 AB70 6" Bore in Rock with Conduit/Line s installed in Steel Casing' FT o'Z D b, 2a Adder per foot for bore its depth to 14' FT 3 5.O . i>D 2b Adder per foot for bore pits depth to 16' FT C 3 75, '75D bp 2c Adder per foot for bore pits depth to 18' FT Jam, DD 1). V 2d' Adder per foot for bore pits depth to 20' FT . - 3 400 AB71 8" Bore in Dirt with ConduiULine(s) installed in Steel Casing' FT . I bb , op I>bb, pt 3a Adder per foot for bore pits depth to 14' FT 5 r7,0. bD 3b Adder per foot for bore pits depth to 16' FT 3 4P:31) • da 3c Adder per foot for bore pits depth to 18' FT 3 D bD 3d Adder per foot for bore pits depth to 20' FT SJT. D 16 , p 4 100 AB72 8" Bore in Rock with Conduit/Line(s) installed in Steel Casing' FT D 4a Adder per foot for bore pits depth to 14' FT 3 . 145, b 4b Adder per foot forbore pits depth to 16' FT bb b 4c Adder per foot for bore pits depth to 18' Fr J-1 9-5- ,bb D , p 4d Adder per foot for bore pits depth to 20' FT Jr, DO 3 5 400 A973 10" Bore in Rock with Condiit/Line(s installed in Steel Casing' FT 5a Adder per foot for bore pits depth to 14' FT 5. D 5 "Z b, 5b Adder per foot for bore pits depth to 16' FT 1-5-, to 3 0. im 5c Adder per foot for bore pits depth to 18' FT b 5d # 1"1 Adder per foot for bore its depth to 20' FT 5, o p 91D. C )D CI TIIl1T C~a~_ J__J_ 1 XL'J I Jldl IUdI US PAGE 3 OF BID #4103 Bidders Initials CITY OF DENTON ANNUAL-CONTRAeT-FOR-DRY--AUGER- BORING BID PROPOSAL FOR: Annual Contract Pricing for Projects as Needed by the City of Denton ESTIMATED ANNUAL ITEM FEET ID DESCRIPTION UOM UNIT PRICE TOTAL AMOUNT i SECTION If -CONTIN UED 6 100 AB74 10" Bore in Rock with Conduit/Line(s) installed in Steel Casing- Fr &Z b1c, , ub D uu 6a Adder erfoot for bore its depth to 14' FT 346,12b D . D 6b Adder per foot for bore its depth to 16' FT 3`75. bD .V 6c Adder per foot for bore pits depth to 18' FT s. D a n 7D . by 6d Adder per foot for bore its depth to 20' FT (O b 3D.bb 7 400 -A1375 12" Bore in Dirt with Conduit/Line(s) installed in Steel Casing' FT a La 7a Adder per foot for bore its depth to 14' FT 85 Db Jr .7b Adder per foot for bore its depth to 16 FT 3 is. 6D (0 30:07 7c Adder per foot for bore pits depth to 18' FT 3 .6b ~59. DZl 7d Adder per foot for bore its depth to 20' FT s 8 100 AB76 12" Bore in Rock with Conduit/Lin s installed in Steel Casing* FT I>b Sa Adder per foot for bore its depth to 14' J(:)9 b 8b Adder per foot for bore its depth to 15 FT 3 5 DD . bD 8C Adder per foot for bore its depth to 18' FT 9 ~Q ba .8d Adder per foot for bore its depth to 20' FT f b 3D-ob 9 . 400 AB77 14" Bore in Dirt with Conduit/Line s instaled in Steel Casing* FT I 4n .bb I 4f) Ct a .9a Adder erfoot for bore its depth to 14' FT 9b Adder.per foot for bore pits depth to 16 FT 3 / t> C) 1 36 .6b 9c Adder per foot for bore its depth to 18' FT f75 . bb 9d Adder per foot for bore its depth to 20' FT 55 pD l , bd 10 100 AB78 14" Bore in Rock with Conduit/Line(s) installed in Steel Casing' FT b D b 10a Adder per foot for bore its depth to 14' FT -3 sbo 10b Adder per foot for-bore its depth to 16' FT c> ~d. OQ 10c Adder per foot for bore pits depth to 18' FT s. bb D 10d t Par TvnnT'Zt n-4 r 4e Adder per foot for bore its depth to 20' FT 6 /5. Db 3 , PAGE 4 OF BID #4103 Bidder's Initials CITY OF DENTON ANNUAL CONTRACT FOR DRY AUGER BORING BID PROPOSAL FOR: Annual Contract Pricing for Projects as Needed by the City of Denton ESTIMATED ANNUAL ITEM FEET ID DESCRIPTION UOM UNIT PRICE TOTAL AMOUNT SECTION II - CONTINUED 11 400 AB79 16" Bore in Dirtwith Conduit/Line(s) instaQed in Steel Casing' FT J ~oD.0O toL- . bbD.oa 11a Adder per foot for bore its depth to 14' FT aSS. DO S b. a 11b Adder per foot for bore its depth to 16 FT 3 J. Dp 3Q • do 11c Adder per foot for bore its depth to 18' FT 3 7S. DD r7,5-2), pp 11d Adder per foot for bore its depth to 29 FT S5.0o p 12 100 AB80 16" Bore in Rock with Conduit/Lin s installed in Steel Casing* FT Db 66D. OD 12a Adder per foot for bore its depth to 14' FT 3 , D . DD 12b Adder per foot for bore pits depth to 16 FT 3 7s D "ZSb 12c . Adder er foot for bore its depth to 18' FT `7 b1) 12d Adder per foot for bore its depth to 20' FT S,pp / ,31).04 13 400 AB81 18" Bore in Dirt with Conduit/Line s instafledin Steel Casing' FT p ,p1) Do 13a Adder per foot for bore its depth to 14' FT g5. o~ 1)7 13b Adder per foot for bore pits depth to 15 FT 3J . 3,b.l~p 13c Adder per foot for bore its depth to 18' FT 375. DD oz) 13d Adder per foot for bore its depth to 20' FT 5 Ob I 9Jo• b0 j 14 100 AB82 118" Bore in Rock with Conduit/Lin s installed in Steel Casing* FT b. m, 14a Adder per foot for bore its depth to 14' FT 3 q6, te, 9 • b 14b Adder per foot for bore pits depth to 16 FT 3' S. 14c Adder per foot for bore its depth to 18' 9-5. D 14d Adder per foot for bore its depth to 20' FT Z) bb 15 400 AB83 20" Bore in Dirt with Conduit/Line s installed in Steel Casing* 15a Adder per foot for bore its depth to 14' FT D 571) btu 15b Adder per foot for bore its depth to 15 FT C D 15c 15d * o Adder per foot for bore its depth to 18' Adder per foot for bore its depth to 20' FT FT 7J op 15 b 6 .oa D, er Tx DOT Standards PAGE 5 OF BID #4103 Bidder's Initials /0117 CITY OF DENTON ANNUAL CONTRACT FOR DRY AUGER BORING BID PROPOSAL FOR: Annual Contract Pricing for Projects as Needed by the City of Denton g 11 m1i 1: ESTIMATED ' ANNUAL ITEM. FEET ID [DESCRIPTION UOM UNIT PRICE TOTAL AMOUNT SECTION II - CONTINUED 16 100 AB84 20" Bore in Rock with Conduit/Line(s) installed in Steel Casing' FT a'-> nb 16a Adder per foot for bore its depth to 14' FT .3 14 -5, bD 6> 9b. as 16b Adder per foot for bore its depth to 16' FT 375, DD SI DD -16c Adder per foot for bore its depth to 18' FT 49,5,c, t) 9 9 D.DD 16d Adder per foot for bore its depth to 20' FT / 415.b ~3D.bL- 17 400 AB85 24" Bore in Dirtwith Conduit/Line s instated in Steel Casing* FT LW 17a Adder per foot for bore its depth to 14' FT ~$5 b t, 17b Adder per foot forbore pits depth to 16 FT pb ~0 3 17c Adder per foot for bore its depth to 18' FT 17d Adder per foot for bore its depth to 20' FT dd 1 18 100 AB86 1 24" Bore in Rock with Conduit/Line s installed in Steel Casing' FT alab.bl> 18a Adder per foot for bore its depth to 14' FT 345-.to gp. 0 18b Adder per foot for bore pits depth to 16 FT 3Z5.b>b , a 18c Adder per foot for bore its depth to 18' FT b 0. DO 18d Adder per foot for bore its depth to 20' FT to )bb 3 b, 1) 19 400 AB87 30" Bore in Dirt with Conduit/Line s installed in Steel Casin ' FT 3 b Dbb,co 19a Adder per foot for bore its depth to 14' FT bD bD 19b Adder per foot for bore pits depth to 15 FT 3 S' b 3 - d 19c Adder per foot for bore its depth to 18' 375- - bb 19d Adder per foot for bore its depth to 20' FT S D 20 100 AB88 130" Bore in Rock with Conduit/Lin s installed in Steel Casing* FT 3 D 20a Adder per foot for bore its depth to 14' FT flp . DD 20b Adder per foot for bore its depth to 15 FT 1 3 . , Dt7 S , Q 7) 20c Adder er foot for bore its depth to 18' FT 991).D-E) 20d * Pnr Tvnn-r Qb,.,.a.. . 4- Adder per foot for bore its depth to 2lY FT c~jf D DC PAGE 6 OF BID #4103 Bidders Initials`o CITY OF DENTON ANNUAL CONTRACT FOR DRY AUGER BORING -BID PROPOSAL FOR: Annual Contract Pricing for Projects as Needed by the City of Denton 11 151 ',1," 11 :1 11 11 WI IIII11:11 IN lI ili Rid is I ANNUAL ITEM FEET ID DESCRIPTION TOTAL UOM UNIT PRICE AMOUNT SECTION 11 -CONTINUED 21 400 AB89 36" Bore in Dirt with Conduit/Line(s) installed in Steel Casing' FT 3 21a Adder per foot for bore pits depth to 14' FT $rJ, bb 21 b Adder per foot for bore pits depth to 16' FT 3 t! s, DD 3b, b 216 Adder per foot for bore pits depth to 18' FT 3 S Db 21 c Adder per foot for bore pits depth to 20' FT 4 p 22 100 AB90 1 36" Bore in Rock with Conduit/Line(s) installed in Steel Casing' FT ab b , C 22a Adder per foot for bore pits depth to 14' FT F~J`~. vD pp 22b Adder per foot for bore pits depth to 16' FT J7 d 1) 22c Adder per foot for bore pits depth to 18' FT 22d * Dor Tv(l llT Cs.... a~ ~.1.. Adder per foot for bore pits depth to 20' FT ) 3Q. oc~ PAGE 7 OF BID #4103 Bidder's Initials J-0 CITY OF DENTON ANNUAL CONTRACT FOR DRY AUGER BORING BID PROPOSAL FOR: Annual Contract Pricing for Projects as Needed by the City of Denton 1111 - ANNUAL ITEM = FEET ID DESCRIPTION UOM INA UNIT PRICE im TOTAL AMOUNT SECTION III - STEEL CASING TO BE SUPPLIED BY CONTRACTOR 1 500 SC6 6" Diameter steel casing with 0.2500" minimum thickness FT , JD 2 500 SC8 8" Diameter steel casing with 0.2500" minimum thickness FT p2 ,b WS 3 500 8C10 10" Diameter steel casing with 0.2500"' minimum thickness FT pp 4 500 SC12 12" Diameter steel casing with 02500" minimum thickness FT 33 ,pa J(a SGD.OD 5 500 SC14 14" Diameter steel casing with 0.3125" minimum thickness FT 5D - ob _ per} C 6 500 SC16 16" Diameter steel casing with 0.3125" minimum thickness FT b 7 500 SCI 8 18" Diameter steel casing with 0.3125" minimum thickness FT , bb 8 500 SC20 20" Diameter steel casing with 0._3750" minimum thickness FT . , 9:7. 500 SC24 24" Dia meter steel casing with 0.43757.6iiriimurii thickness FT 10 500 SC30 30" Diameter steel casing with 0..5000" minimum thickness FT . DDD. DD 11 500 SC36 36" Diameter steel casing with 0.5625" minimum thickness FT ) %J. 1>b . 93, Q Estimated Total: $ 39 oZ~Q~ Per TxDOT standards In case of calculation error, unit pricing shall prevail. RETURN ONE (1) COMPLETE ORIGINAL AND ONE (1) COPY OF EXECUTED BID PROPOSAL ',D Date natu Authori zed Representative Company Name Note: When pulling multiple pipes, it is easiest to track multiple charges by the bored hole size. Typically 2" over the combined diameter of all products being pulled in should be allowed for in order to reduce pull-in drag. Example: 1 - 14" diameter hole is required to pull in 2 - 6" pipes. 2 x 6" = 12" + 2" extra = 14" The total bore price will be determined by adding Section II and the necessary steel casing in Section III. For example, if need a 6" bore in dirt with conduit lines installed in steel casing, then assume: Section II, Item 1 Pricing is $10.00 per foot Section III, Item 1 Pricing is $5.00 per foot PAGE 8 OF BID #4103 Bidder's Initials CITY OF DENTON ANNUAL CONTRACT FOR DRY AUGER BORING The undersigned agrees this bid becomes the property of the City of Denton after the official opening. The undersigned affirms he has familiarized himself with the local conditions under which the work is to be performed; satisfied himself of the conditions of delivery, handling and storage of equipment and all other matters that may be incidental to the work, before submitting a bid. The undersigned agrees, if this bid is accepted, to furnish any and all items/services upon which prices are offered, at the price(s) and upon the terms and conditions contained in the Specifications. The period for acceptance of this Bid Proposal will be sixty (60) calendar days unless a different period is noted by the bidder. The undersigned affirms that they are duly authorized to execute this contract, that this bid has not been prepared in collusion with any other Bidder, nor any employee of the City of Denton, and that the contents of this bid have not been communicated to any other bidder or to any employee of the City of Denton prior to the official opening of this bid. 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_ seg., and which arise under the antitrust laws of the State of Texas, Tex. Bus. & Com. Code, Section 15.01, et se g. The undersigned affirms that they have read and do understand the specifications and any attachments contained in this bid package. NAME AND ADDRESS OF COMPANY: l~~a,~ ..1~: ~ec~, D,ti.~ .1J i,~~i n~ ~.►u.. . 3g4t7 Make-ynAl s R& ~Q YtQ er. Tk AUTHORIZEQ, P ENTATIVE: Signature Date 2-~ Name Title t~rrn S ides Fax No. 9gl -AS B- 3366 Email. J'U ll1Q bc:k- c ova Tel. No.914D-4SS- 5-33`7 COMPANY IS: Business included in a Corporate Income Tax Return? ! X ~"YESNO ✓ Corporation organized & existing under the laws of the State of -TeX p, Partnership consisting of Individual trading as Principal offices are in the city of PAGE 9 OF BID #4103 Bidders Initials Z~o OCT.31'2008 06:29 940 349 7302 CITY OF DENTON PURCHASING !1624 P.002/003 1 !I ACORD„ CERTIFICATE OF LIABILITY INSURANC So D2D e PRODUCER (281) 479-8300 FAX: 972xr-~62~797a8., n STAR Insurance Services of Teai?3 • t+ • ''I THIS CERTIFICATE IS I ONLY AND CONFERS MOLDER. THIS CERTIF ALTER THE COVERAGE SSUED AS A MATTER OF INFORMATION I NO RIGHTS UPON THE CERTIFICATE ICATE DOES NOT AMEND. EXTEND OR AFFORDED BY THE POLICIES BELOW. 4805 S. Colony Blvd. The Colon TX 75056 INSURERS AFFORDINGC11 VERAGE NAIC 0 INSURED `I wsunERA American Sa fe Insurance Mabak Directional Drilling, Inc. INSURE RB•Radland Inai ante Company DBA MBK INSURER C: Texas Mutua' Ias . Co. 3447 McReynolds Rd INSURER D: Travelers P 22/Casualty Sanger TX 76266 INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE D REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH TH~ THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXO Y LICY PERIOD INDICATED, NOTWITHSTANDING ANY S CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. LUSIONS AND CONDITIONS OF SUCH POLICIES. IN9R ADO YPE Or INSURANCE OLICY NUMBER POLICY EFFECTIVE DATE MM/DD/YY POLICY 2 DATE MMID MID ON I LIMITS GENERAL LIABILITY EACHOCCURRENCE 11000,000 X COMMERCIAL GENERAL LIABILITY 1 PRE AMA TO M SE `f RENa D a 100 , 000 A CLAIMSMADE 11 I OCCVR =FV020961-08-01 10/24/2008 0/24/20 10/24/20 9 9. b1ED EXP one Pepon) E 5, 000 1 PERSONAL &ADV INJURY s 1,000,000 GENERAL TF a 2,000,000 OENL AOGREGLTE LIMIT APPLIES PER 1 2,000,000 X C 22 o AUTOMOBILE LIABILITY X ANY AUTO COMBINED SINGLE LIMIT (EP 0001d0•n) a 1,000,000 B ALL OWNED AUTOS RICKVOOO1119 10/24/2008 10/24/20 9 DODILY INJURY SCHEOULEO AUTOS X HIRED AUTOS BODILY INJURY X NON.OVWEOAUTOS . 1 (Pet soac!ent) S r I j PROPERTY DAMAGE (Pec acclt!enf) S GARAGELIABILIT' U70 0N Y.F, ACCIDENT 3 ANY AUTO i a OTHER THAN E 9 „ AUTO ONLY; ACC 2 EXCESSAIMBRELLA LIABILITY 1 5,000,000 X OCCUR ❑ CLAIMS MADE I ~ $1000,000 s A DEDUCTIBLE b70LT020965-08-O1 10/24/2008 10/24/20 9 X O 10 000 C WORKERS COMPENSATION AND v+C STATU• 0111 - X LEL PLOYSAS' UASIU.Lr ANY PROPRIETOWPARTNEWEXECLJnVE _ - E. L.EACMACCIDENT E ....TO~Or000 OFFICERNEMBEREXCLUDED? Q000962235 10/24/2008 10/24/200y Y . E l D19EA9 EMP OYE S 1,000,000 If yes. descmte under S CIA PROVISIONS Dale,. 6.L DISJLS • POLICY LIMIT g 1,000,000 D OTHER toasted 6 Ranted Equipment QT6607094L578 10/24/2008 10/24/201 1 Each 9300,000 Aggr"ate $300,000 DESCRIPTION OF OPERATIONSILOCATIONSWHICLUS=CLVSIONS ADOEO BY emDORSEYeNr8PEC1AL PROVISIONS Rat: DA04103, Annual Contract for Dry AuRAr Poring 3ectione S, II 6 III City of Denton, Its officials, Agents, employees i volunteers are listed as Addit Liability 6 Auto policy for work performed solely by the insured when required Subrgation in favor of City of Denton, Its officials, Agents, Employees i volunto policy when required by written contract. 10 day notice will be provided for non+ onal insured on the the Ganeral written contract. Waivex of rs on the (Porkers Compensation payment oS premium. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Denton EXPIRATION DATE THEREOF, HE ISSUING INSURER WILL ENDEAVOR TO MAIL 901 B Texas St. 30 DAYS WRITTEN NOTICE', THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT Denton, TX 76209 FAILVRE TO DO 90 9HALL 1M E NO OBUOAMN OR WBILITY OF ANY )LINO UPON THE RECEIVED INSURER. ITS AGENTS 0 AU THORCE REPRE REPRESENTATIVE I Steven Thomas/L£SAN nrT at 8 90 DC 1, . I ACORD 25 (2001108) 0 ACORD CORPORATION 1988 INS025 poe).oae ~ CITY OF DENTON Page1012 . LEGAL DEPT. DATE (MM/DD/Y(YY) HLVI U CERTIFIC ATE OF LIABILITY INSURANCE 10/3/2008 PRODUCER (281)479-8300 FAX:972-625-9778 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION STAR Insurance Services of Texas ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 4805 S. Colony Blvd. The Colon TX 75056 INSURERS AFFORDING COVERAGE NAIC # INSURED / INSURER A: Commerce & Indust Ins 19410 Mabak Directional Drilling, Inc.V ~ Illinois N INSURER ti l I B: a ona ns Co. DBA; MBK V\~.~,`0 INSURERc:New Hampshire Ins. 3447 Mcreynolds RD t6 INSURER D: Travelers Pro ert &Cas, Sanger TX 76266 INSURER E: C OVERAGES 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 ADD'L INSRD TYPE OF INSURA POLICY NUMBER POLICY EFFECTIVE DATE MWDD/YY POUCY EXPIRATION DATE MM/DD/YY LIMITS GENERAL LIABIUTY EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES Ea occurrence 100,000 s A CLAIMS MADE OCCUR 594613 10/24/2007 10/24/2008 ED EXP An one person) $ 5 , 000 X Contractual PERSONAL &ADVINJURY 000 000 $ 1 , , GENERAL AGGREGATE 000 000 $ 2 , , GEHL AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 X POLICY JROT LOC AU TOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT (Ea accident) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per person) $ HIRED AUTOS NON-OWNED AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG s EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ 5,000,000 X OCCUR FICLAIMS MADE AGGREGATE $ 5,000,000 5 B DEDUCTIBLE BE9830373 10/24/2007 10/24/2008 $ X RETENTION $10,000 5 C WORKERS COMPENSATION AND WC STATU TH- • X EMPLOYERS' LIABILITY I ANY PROPRIETOR/PARTNERfEXECUTNE E.L. EACH ACCIDENT $ 1,000,000- OFFICER/MEMBER EXCLUDED? If yes, describe under 3081416 10/24/2007 10/24/2008 L. DISEASE-EA EMPLOYEE $ 1,000 000 , SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 D OTHER Inland Marine QT6607094LS78 10/24/2007 10/24/2008 Each 150,000 Aggregate 300 , 000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Ref: Sid#4103, Annual Contract for Dry Auger Boring Sections I, II & IIZ~ City of Denton- Its officials, Agents, employees & volunteers are listed as Add t' iona 1 insured n the the General Liability policy for work performed solely by the insured when required by written contract. giver of Subrgation in favor of City of Denton, Its offf''cials, Agents, Employees & volunteers on the Workers Compensation policy when required by written contract.✓10 day notice will be provided for non payment of premium. TE City of Denton 901 B Texas St. Denton, TX 76209 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION ,DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE c~ Steven Thomas/BECKY - ACORD 25 (2001/08) © ACORD CORPORATION 1988 INS025 (oloe>.oea Page 1 of 2 A ~eoRbr CERTIFICATE OF LIABILITY INSURANCE DATE(MMf ay" 10/08/2008 gout T IS CERTIFICATE I$ ISSUED AS MATTER OF INFORAAATION ssel CeBallos State Farm ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 7 N. 4"' St HOLDER- THIS CERTIFICATE DOES NOT AMEND, EXTEND OR nger, Texas 76266 ALTER THE COVERAGE AFFORDED SY THE POLICIES BELOW_ INSURERS AFFORDING COVERAGE NAIC of WSURED Mabak Directional Drilling INSURERq 3447 McReynolds Rd INSURERS: State Parm Mutual Auto insurance company 25178 Sanger, TX 76266 INSURER C, INSURER D: IN$URg>; £ COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAMAR COMMERCIAL GENERAL LIABILITY :1 CLAIMS MADE ❑ OCCUR GENLAGaRE TELW49MMt AUTnMO81LEUAea.ITY 121 1546-A24-43 01-24-2008 01-24-2009 COMBINED SINGLE LavT x ANY AUTO (Enaoddem) 3 1,000,000 x ALL OWNED AUTOS r-~ BODILY INJURY SCHEDULED AUTOS (Per person) 3 X HIRED AUTOS X NO BODILY INJURY = "WNED AUTOS (Per ecaaeru) I Ded 1000 x Uni/Und PROPERTY DAMAGE (Perecddem) S GARAGE LIABILITY AUTO ONLY- FA ACCIDENT ANY AUTO OTTER THAN EAACC 3 AUTO ONLY. WUMRrrcr r A LL49U Y OCCUR a CLMdS MADE DEDUCTIBLE S RETENTION i - V@ORKERS iTSATION AND EMPLOYERS' L.IARQ ITT C W STATU- OTH- R1kTOWPARTNERI EC -VE T =T O P O RY UMTT$ ER OFF 9i18ER E R M kCIUDED? Et EACH ACCIDENT S R~ee~ te , SPECIAL PROVISIONS pd LL DISEASE - EA EMPLOYEE S oir OTHER E.L. DISEASE - POLICY LIMIT 3 DESCRIPTION OF OPERATIONS J LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Ref: Bid#4103, Annual Contract for Dry Auger Boring Sections I, 11 III City of Denton, its officials, Agents, employees s volunteers are listed as additional insured on the au policy. Waiver of subrgation in favor of the City of Denton, its officials, agents, employees & voluntee when required by written contract. 10 day notice will be provided for non payment of premium. city of Denton SHOULD ANY OF TTE ABOVE OMCRMED POLK= BE CANCMED BFFM THE EMRATI N 901 B Texas St DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL „a_ DAYS ANWMM Denton, TX 76209 NOTrX TO THE CRATE HOLDER NAMED TO THE LEFT, GUT FAILM TO DO g0 SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER. ITS AGENTS OR Russel CeBallos