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2002-264AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF THE NORTHWEST ELEVATED STORAGE TANK SUPPLY LINE; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 2874-NORTI-IWEST ELEVATED STORAGE TANK SUPPLY LINE AWARDED TO TEXAS UTILITY CONSTRUCTION, INC.6 IN THE AMOUNT OF $344,825.74). 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. That 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 2874 CONTRACTOR TexasElec~cUtilityConstmction, Inc. AMOUNT $344,825.74 SECTION 2. That the acceptance and approval of the above competitive bids shall not constitute a contract between the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, and insurance certificate after notification of the award of the bid. SECTION 3. That the City Manager is hereby authorized to execute all necessary written contracts for the performance o f 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 conta'med therein. SECTION 4. That upon acceptance and approval of the above competitive bids and the execution of contracts for the public works and improvements as authorized herein, the City Council hereby authorizes the expenditure of fimds in the manner and in the mount as specified in such approved bids and authorized contracts executed pursuant thereto. SECTION 5. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the ,~/day of ~O~~,2002 EULINEBROC~MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUT~__~ AT~TORNEY CONTRACT AGREEMENT STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT, made and entered into this 3r~ day of A.D., 2002, by and between and State of Texas, acting through hereinafter termed "OWNER," and Texas Electric Utility Construction Inc. 4613 Hwy. 1417 N Sherman, TX 75091 September City of Denton of the County of Denton Michael A. Conduff thereunto duly authorized so to do, of the City of Sherman termed "CONTRACTOR." County of Grayson and State of Texas , hereinafter 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 2874-Northwest Elevated Storage Tank Supply Line in the amount of $ 344,825.74 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, eqff~pment, 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: City of Denton 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, witkholding, 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 accord'mg 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, ~om 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 IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. ATTEST: City of Denton ATTEST: Secretary (SEAL) Texas Electric Utility Construction CONTRACTOR 4613 Hwy 1417 N. ,qh~rm~: Tow~g 75997 MAILING ADDRESS 903-893-0949 PHONE NUMBER 903-893-3379 FAX NUMBER APPROVED AS TO FORM: CA- 3 BY: President TITLE ,',~ NORTHWEST ELEVATED STORAGE TANK SUPPLY LINE Work Days As Stated. in General 150 -.,. Provisions Bid No. , ,, ,, 287 BID TABULATION SHEET P.O, No. 1.2.1 . }C~cmrsW~fies~dUnd~r~di~ .. 1 '. ILS ~$ 3955.99435/ ~ /$3,955.99. ~t ~ ~ Wor~. ' Three Thousand Nine Hundred Fff~ Five Dollars and .99435 Cents 2.t2 16?W~tcr L~e T~c~e~s,~.52 , I 46. L~ 15 ;8.65440 ,/LF I$ 8~,8.10 U~t Pdce ~ Words Eighteen Dollars and .65440 Cents ~ ... U~[.~ h Wor~s Thir~ Two Dollars and .26450 Cents ' 6.5920'0 I" .... U~t P~cc ~ Words Fif~ Six Dollars and .59200 Cents U~t Price ~ Wo~ For~ Three Dollars and .32548 Cents ~.,, ~,,~,o~ I , ~1,~'~..,.~1~'~'~8 ~t ~ce ~ ~0rda Sb Hundred Eightee~ Dollars aad .57968 Cents U~t Pd~ ~ Wo~ Font Thousand Three ~nndred T~ee Do~ar~ and .96066 Cent '" ~ ......... '" ,I~ * U~t Pdee ~ Wot& Se~en Th°us~d S~ Hundred Nine~ Nin~ Dollars and .06677 Cents. U~it Price ~ Wor~ Eight Thousand Six ~undred For~ Nine Dollars and .19493 cent~ ' ....... 2.14 ~r0~y~t~sombly ....... ~ 1 ... 1ti1656'05039 /BAS1'656'05 ~t ~c, ~ Wor~ One Thousand S~ ~nndred Fif~ S~ Dollars and .05039 Cent~ U~t ~ce ~ ~o~ Two Do~ars ~d .77079 Cents ~ ' ~[~'oRTHwEST ELEVATED STORAGE TANK SUPPLY LINE Work Days As'.Statefl tn General · 150 Provisions item 3,12 sP 10 One Hundred Thirty Eight Dollars and .53927 CeRts · U~it Pric~ In Words 8?-.37 ' Excavation,Protection 876 LF $1.10831 Unit Pric~ In Words One Dollar and .10831 Cents . Bid No, · 2874, BID TABULATION SHEET P.O. No, ~.Teapgrary ErOsion Control . , 1 . l~ l ~ · . . ~ ~'~ 3~879'10 Unit Price In Words Three Thousand Eight Hun. dred Seventy Nine Dollars and .09951 Cents 1g6,743. 6 U~it Prie~ In Word~ Three Hundred Fifty Nine Dollars and .81419 Cents Unit Pri¢~ I~ VC'ord~ Two Thonsand Seven Hundred Seventy Dollars and .78537 Cents · EA,.$ 554:!5~07 Unit Pri~e In Words Five Hundred Fifty Four Dollars and .15707 Cents TOTAL r /LF. [$970'$8 / E.~ $1,108.31 $ 344,825.73 '71.~ .119no~ P 4 BID SUMMARY TOTAL BASE BID PKICE IN WORDS Three Hundred Forty Four Thousand Eight Hundred Twenty Five Dollars and .73 In. the event of the award of a contract to the undersigned, the undersigned will ftu'hish a performance bond and a payment bond for the full anlount o~ file co~if~.'t, to sem~re' proper compliance with .th~ terms and provisions of the contract, to insure and guar%te~ the work until fmaI completion and acceptance, and to guarante~ payment for all l~wful elai~n.~ fo~ labor pe~fot'med and materials furnished in the fulfillment of the centram It is understood that the work proposed to be don~ shall be accepted, when fully completed ~,d fiv. ished in _~.ccordanc~ with the plans a~d Sl~Cificaflons, to the sattsf~Jon of the Engineer. The ~ersigned 9ertifies. tliat fl~e bid prices ccntain~l in this proposal l~ve be~u carefully checked ~ are submitted as correct and final, Unit and lump sum prices as shown for each item listed in Mis proposal, shall control over extensions. Receipt is hereby acknowledged of the following addenda to the plans and specificationa: Addendum No. 1 dated Addendum No. 2 dated Addendum No. 3 dated Adde~um No. 4 dated Addendum No. ~ dated July 31, 2002 August 5~ 2002 Received Received Received Texas Electric Utility Construction CoN'rRAC~OP,. David W. Estes, President 4613 Hwy 1417 N. SUv.~t Address Sherman, TX City and S~ate Seal & Authorization (If a Corporation) 903-893-0949 Telephone PERFOKMANCE BOND Bond No. 6184470 STATE OF TE]kAS COUNTY OF DENTON § KNOW ALL MEN BY THESB PRESENTS: That Texas Electric Utility Construction Inc. whose address i.s 4613 Hwy. 1417 N., Sherman Texas 75902 hereinafter called Principal, and safeco Insurance Comoanv of Am~*'~ , a corporation organized and existing under the laws of the State of_ Washington , 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, hereinatler called Owner, in the penal sum of Three Hundred Forty Four Thousand Eight Hundred Twenty Five and 74/100 DOLLA~R.S ($344,825.74) plus 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, adrrd:uistrators, snocessors, 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 Al~eement, which reduces the Contract price, decrease the penal sum of this Bond. TIlE OBLIGATION TO PAY SA1VIB is conditioned as follows: Whereas, thc Principal entered into a certain Contract, identified by Ordinance Number 2002-264, with the City of Denton, the Owner, dated the 3ra .day of. September A.D. 2002. , a copy of which is hereto attached and made a part hereof, for Bid 2874 - Northwest Elevated Storage Tank Supply Line NOW, 'IT-[EREFORE, 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, ,erms, conditions and agreements of any and all duly anthorized 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 tq f~ulty materials and workraanship that appear within a poriod of one (1) year from the date of fins/[ 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 wkich the Owner may incur in making good any default or deficiency, then this obligation shall be void; other~vise, it shall remain in fall force and effect. PB - 1 Bond No. 6184470 PROVIDED FURTHER, that if any legal actien be filed upon this Bond, exclusive venue shall lie in Denton County, State of Texas. AND PROVIDBD FUR. THEE, 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 Borld 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 suoh suretyship, as provided by Article 7.19- 1 of the Insurauce Code, Vemon's Annotated Civil Siatutas of the State of Texas. IN WIT~,FESS WHEREOF, this instrument is executed in Four shall be deemed an original, this the Z~th day of September , 2002 ATTEST: copies, each one of which PRINC AL / ,,... Texas Electric Utility Constructic~n~ !nc.' '? SmfNT ATTEST: ".." SURETY Heidi Bockus, Attorney-in-Fact Safeco Insurance Company of America BY: A~ITORNEY-IN-FACT Krista M. S r~erg The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is: I~A~: safeco Insurance Company of Ammrtg~ STREETADDtSESS 1600 N. Collins Blvd., Richardson. TX 75080 (NOTE: Date of Performance Bond must be date of Contraot. If Resident Agemt is not person's name.) PB - 2 $ A F E C O' POWER s Eco,.,.ran Com. ny PO Box 34526 OF ATTORNEY Seatt~., WA 98124-1526 No. 347 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington colporafion, does each hereby appoint **PATRICK D. DINEEN; HEIDI BOCKUS; KRISTA M. STROMBERG; KATHIE L. WIEGERS; TEVY LOR; THOMAS J. JOCHUMS; JAY A. MILEY; SUZANNE HOLDEN; its hue and lawful attomay(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or underfaldngs and other documents of a similar character issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 5th R.A. PIERSON, SECRETARY day of November , 2001 CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FIDELITY AND SURETY BONDS .,. the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys.in.fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the coume of its business.** On any instrument making o~ evidencing such appointment, the signatures may be affixed by facsimile. On any instrument confe~ng such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970, "On any certificate executed by the Secretary or an assistant secretary of the Company setting ouL (i) The provisions of Article V, Section 13 of the By-Laws, and (if) A copy of the power-of-attomey appointment, execofed pursuant thereto, and (iii) Certifying that said power-of-attorney appointment is in full fame and effect, the signature of the cedJfying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, R.A. Piemon, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of Ute Board of Directors of lhese corporations, and of a power of Attorney issued pursuant thereto, are true and correct, and that both the By-Laws, the Resolution and the power of Attorney are still in full force ar~l effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this llth day of Semtembel 2002 R.A. PIERSON, SECRETARY S-O974/SAEF 2J01 ® A registered trademark of SAFECO Corporation PAYMENT BOND ~o.~ so. STATE OF TE>LAS COUNTY OF DBNTON § KNOW ,ALL MEN BY THESE PRESENTS: That Texas Blectric Utility Construction whose address 'is 4613 Hw¥ 1417 N. Sherman, TX 75092 , hereinafter called Principal, and safeco Insurance Company of America , a corporation organized and existing under the laws of the State of ~/ash~_n~ton , 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 referred to, in the penal sum of Three Hundred & Forty Four Thousand, Eight Handred & Twenty Five and 74/00 DOLLARS ($ 344,825.74) 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, f'mnly 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 PrincipaJ entered into a certain Contract, identified by Ordinance Number 2002- 264, with the City of Denton, the Owner, dated the 3'~ · day of September A.D. 2002 , a copy of which is hereto attached and res.de a part hereof, for Bid 2874 - Northwest Elevated Storage Tank SupplyLine · NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties and make prompt payment to ail persons, fmms, 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 fome and effect, PROVIDED FURTHER, that if any legal action be flied 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 timei alteration or addition to tho terms of the Contract, or to the Work to be perfbrmed thereunder, or to the Plans, Specifications, Drawings, etc., accompanying the stone, 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 t~nns of the Contract, or to the Work to be performed tl2.ereundor, or to the Plans, Specifications, Drawings, etc. PB - 3 Bond No. 618447~ 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 Kesident 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, Vemon's Annotated Civil Statutes of the State of Texas. IN WITNESS WHEREOF, fl'tis instrument is executed in FourCOpies, each one of which shall be deemed ma original, this the l~th day of September , 2002 . ' ' ATTEST: PRINCIPAL Texas Electric Utility Constru~ti~n~ In~. " ATTEST: SURETY Heidi Bockus, Attorney-in-Fact Safeco Insurance Company of America ATWORNEY-IN-FACT ~r~st~ ~. S~berg The Resident Agent of the Surety in Denton County, Texas for delivezy of notice and service of the process is: NAMe: safeco Insurance company of America STREBTADDKESS: 1600 N. Collins Blv{., Richardson. TX 75083 (NOTE: Date qf Payment Bond m~tst be date. of Contract. If Resident Agent is.not a corporation, give a person'$ name.) PB-4 S A F E C O' POWER SAFECO Insurance Company PO Box 34526 OF ATTORNEY seam., WA 9S124-1526 No, 347 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint **PATRICK D. DINEEN; HEIDI BOCKUS; KRISTA M. STROMBERO; KATHIE L. WIEGERS; TEVY LOR; THOMAS J. JOCHUMS; JAY A. MILEY; SUZANNE HOLDEN; its tree and Jawful attomey(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 5~h R~.PIERSON, SECRETARY day of November , 2001 CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authedty to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bend or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, {i) The provisions of Article V, Section 13 of the By-Laws, and (ii} A copy of the power-of, attorney appointment, executed pursuant thereto, and (iii) Certifying that said power*of-attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimits, and the seal of the Company may be a facsimile thereof." I, R.A. Pierson, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Dlrectom of these co~oorations, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By-Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this llth day of September 2002 R.A. PIERSON, SECRETARY ® A registered trademark of SAFECO Corporation ~' SAFECO' State of Texas Surety Bond Claim Notice In accordance with Section 2253.021(f) of the Texas Government Code and Section 53.202(6) of the Texas Property Code, any notice of claim to the named surety under this bond(s) should be sent to: SAFECO Surety Adams Building 4634 154th PL NE Redmond, WA 98052 Mailing Address: SAFECO Surety PO Box 34526 Seattle, WA 98124 Phone: (425) 376~6535 Fax: (425) 376-6533 www. SAFECO.com S~128/SAEF 8101 ® A registered trademark ot SAFECO Corporation FRP Ali-Purpose Certificate of Acknowled lment State of Washington County of King On September 11, 2002 before me, DATE Kathie L. Wiegers NAME OF NOTARY PUBLIC personally appeared Krista M. Stromberg and Heidi Bockus NAME(S) OF SIGNER(S) personally known to me - OR .,~. .~ _. ',~. ~ ' I~UIII,IC ,2~Z? '; ~ ~, .'0~' [] proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/ars subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. S G~TURE OF NOTARY PUBLIC Though the data below is not required by law, it may prove valuable to persons relying on the document and prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER [] Individual(s) [] Corporate Officer: [] Title(s) [] Partner(s) [] Attorney-in-Fact [] Trustee(s) [] Subscribing Witness [] Guardian/Conservator [] Other: DESCRIPTION OF ATTACHED DOCUMENT(S) Type of Document Performance & Payment Bond Number of Pages Four (4) Date of Document September 11, 2002 Signer(s) Other Than Named Above Texas Electric Utility Construction, Inc. SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(lES) Safeco Insurance Company of America Document5 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 modifted 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 cla'n~a is made or suit is brought. The inclusion of more than one insured shall not operate to increase the insurer's limit of liability. AH policies shah be endorsed to read: "SAID POLICY SHALL NOT BE CANCELLED, NONRENEWED OR MATER[ALLY CHANGE WITHOUT 30 DAYS ADVANCED WRITTEN NOTICE BEING GIVEN TO THE OWNER (CITY) EXCEPT WHEN THE POLICY IS BEING CANCELLED FOR NONPA~ENT OF PREMIUM IN WHICH CASE 10 DA YS AD VANCE WRITTEN NO TICE IS REQ [fIRED ". 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 Liabihty 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: IX] 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. If the Commercial General Liability form (ISO Form CG 0001 current edition) is used: 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. If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition 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 resulfmg 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 hability 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 ail owned, hired and non-owned autos. IX] Workers Compensation Insurance Contractor shall purchase and ma'mtain 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 role 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. 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 '~olanket" 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 additionaI insurance is required for a specific contract, that requirement will be described in the "Specific Conditions" of the contract specifications. ATTACHMENT 1 IX] 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 dehvering 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. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any overage agreements, wbSch 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. 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. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. 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. 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. 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 mounts 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, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current cerfiftcate 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 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 mounts, and that all coverage agreements will be filed with the appropriate insurance carder 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. 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. 10/10/2002 10:47 g0389333?9 TEXAS ELECTRIC PAGE 02/03 .... -,,. _~.~.. ....... ~.~.,_~-,~ .... ..-- ~,..- ~-,~.... . ........ ~, ...... 'lPT-q ?.O0./OOa. ~'~'~".~"~:~5',.~,.,i.'"'. ~:~.~c!u "~~': ~.~,.?~--L?.~?....,..~_.~, . :.... ............... ~-'.-,':-..-...~,~"..~ ~.~:~' ~~.'=;~-.-~ Mmsn USA, 1215 Pou~ll Avenue, Suite 2300 ~emlfle, WA 98161-1099 Attn; Andre $tubb.~ (206) ~15.~.415) ~63219-002- MHD INFRASTRUX G~Ot)P, IN(~. . TEXAS E~ECTRI~. UTILITY CONSTrUCT|ON, lNG 4613 HWY, 1417 N. P,O. BOX ~11 SHEEMAH: TX 75091 AS1 *~ .oo4;~z~.otz ~STOP C 1 oo~o~2 Ol/OllO2 Ol/Ol/O~ 0t/01/03 qTh'm~.~? AU IO OraL'r: CITY OF DENTON g01B TEXAS STREET OENTON, TX 7620~ 10/08/02 TU.13 1.[:22 [~.Z./R][ NO B005] ~004 M&Fsh USA Ino. 10/10/02 3:02: PAaE 1/2 Righ%FAX Facsimile Transmittal Sheet MARSH From: Andra Stubbs To: Robert Waggoner Phone: Fax: (940)349-7870 Date: 10-Oct-02 Attention: Time: 03:01 PM Company: Message: Marsh USA Inc. 10/10/02 3:02: PAGE 212 RightFAX A~: Andra Stubbs (206) 613-2415) COMPANIES AFFORDING COVERAGE 283219-002- MHD A LIBERTY MUTUAL INSURANCE CO INFRASTRUX GROUP, INC. B TEXAS ELECTRIC U~LITY CONSTRUCTION, INC 4613 HWY. 1417 N. co~Y P.O. BOX 2211 C SHERMAN, TX 75(391 D A GE NERAL LJABILI3¥ r B1.6~1-004226-022 06/30/02 ~)1101/03 G~ N E~AL .~G GREGA~ ~!~7 J CLNMS M~DE [~ OCCUR PER~ON~. & ADVINJLJR¥ MED EXP I,Nly ale pa'eonI $ t 0,000 A ~lTota Oaa. E LIABlU'rf %S 1-691 -(]04226-(]12 06/3(1/02 D1/01/0~ A wo tKERE COMP ENSATI(~I ANO NC t -691 -(X}4226--032 01101/02 01[01/0~ x L ToRY LIMITS { STOP GAP INCLUDED EL ~C~ ^cao~'r $ 1,000,000 A Auto Physical Damage %S t -691-004226-0t 2 ]6/30/02 01/01/03 Comp - $500/$t,Q00 Xfl'a Heavy Coil - St,0O0/$t,500 Xtra Hear THE CITY OF DENTON IS INCLUDED AS AN ADDITIONAL INSURED AS REQUIRED BY WRITTEN CONTRACT. WAIVER OF SUBROGATION IN FAVOR OF THE CI~Y OF DENTON APPLIES FOR WORKERS' COMPENSATION. 901B TEXAS STREET aY: Jim L. Metcalf MARSH USA INC. :CERTIFI:CATE OF INSURANCE CE.T,F'CATE.UMBE. SEA-000562178-00 "P-RODUC~ ........... THIS CERTIFICATE IE ISSUED AE A MATTER OF INFORMATION ONLY AND CONFERS Marsh USA, Inc. NO RIGHT8 UPON THE CERTIFICATE ROLDER OTHER THAN THOSE PROVIDED IN THE 1215 Fourth Avenue, Suite 2300 POLICY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE Seal0e, WA 98161-1095 AFFORDED BY THE POLICIES DESCRIBED HEREIN. Attn: Andre Stubbs (206) 613-2415) COMPANIES AFFORDING COVERAGE COMPANY !83219-002-- A LIBERTY MUTUAL INSURANCE CO INSURED COMPANY INFRASTRUX GROUP, INC. B TEXAS ELECTRIC UTILITY CONSTRUCTION, INC 4613 HWY. 1417 N. COMPANY P.O. BOX 2211 C SHERMAN, TX 75091 COMPANY D COVEI~.AGES Th_s ce _rt~flcatp supemedes and~,mp ~ces..a _ny~prevtous y s_ _s~e d: c~.r[i_ fl_ _c a_t e fo r,t ~e_ p._o_cy p e_ ~ _od ~ n_o_t.e_d._, b e_l o_w_. 1 'IHIS IS TO CER3~FY ~-:AT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO 'ntis INSURED NAMED HEREIN FOR 3~IE POLICY PERIOD INDICATED. NOTWI3HSTANCING ANY REQUIREMENT, TERM OR CONDmON OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICA3E MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL ME TERMS, CONDmONS AND EXCLUSIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE DEEN REDUCED BY PAID CLNMS. CO POLICY EFFECTIVE POLICY EXPIRATION LTR TYPE OF INBURANCE POLICY NUMBER BATE (MMIDDri'Y) DATE (MMIDD/YY} LIMITS A GEEER~- URR~UTY '~1-691-004226-022 96/30/02 01/01/03 GENERAL AGGREGATE $ 5,000,000 ~- COMMERCIALGENERALLIABILD~ PRODUCTS-COMPIOPAGG $ 5,000,000 I CLAIMSMADE [] OCCUR PERSONAL&ADVINJURY $ 1,000,000 -- OW NER*S & CON'mACTOR'E PROT EACH OCCURRENCE $ 1,000,000 __ FIRE DAMAGE (Any one tim) $ 100,000 MED EXP {Ally one ~oer~n) $ 10,000 A AUTOMOBILE LIAEILITY AS1-691-004226-012 96/30/02 01/01/03 COMBINED SINGLE LIMIT $ 1,000,000 __ ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per penn) ~- HIRED AUTOS BODILY INJURY $ ~- NON~)WNED AUTOS (Per accident) OTHER 3~cIAN UMGRELLA FORM $ A WORKERSCOMPENSATmNAND ,'VC1~91-004226-032 06/01/02 01/01/03 X I WCSTA~- TORY LIMITS I IOE"i~ - STOP GAP INCLUDED EL EACH ACCIDENT $ 1,000,000 3~IE PROPRIETOR/PAR~ERS~EXECLqA/E [] INCL EL DISEASE-POLICY LIMIT $ 1,000,990 A 3THER ~,S1-691-004226-012 06/30/02 01/01/03 Comp - $500151,000 Xtra Heavy Auto Physical Damage Coil - $1,000/$1,500 Xtra Heev THE CITY OF DENTON, ITS OFFICIALS, AGENTS, EMPLOYEES AND VOLUNTEERS ARE ADDITIONAL INSUREDS AS RESPECTS THEIR INTEREST IN THE OPERA'RONS OF THE NAMED INSURED AS REQUIRED BY WRFITEN CON~,ACT REGARDING GENERAL LIABLITY. ~CERTIFICATE HOEDER ', CANCELLATION~ 901 B TEXAS STREET IY: Daniel J. Ashbum 10/10/2002 18:47 9838933379 OCT ~0 ~B2 ~ FR ~HTL TEXAS ELECTRIC PAGE 83/83 TI~S ENDORSE~ CI-IaNGK~ TI-~ POlZCY. PLEBE ~ r~ ~No'rIcF, 0~' CA~O~ 'M:A R S H IFilC R CERTi ATE OF IN:S:U AN:CE : CERY.P,CAYS.UMDE. · _' ......... : _:. _ '* SEA-000603349-05 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS Marsh USA, inc. NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE 1215 Fourth Avenue, Suite 2300 POLICY, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE Seattle, WA 98161-1095 AFFORDED BY THE POLICIES DESCRIBED HEREIN. Attn: Andra Stubbs (206) 613-2415) COMPANIES AFFORDING COVERAGE COMPANY !83219-002-- MHD A LIBERTY MUTUAL INSURANCE CO INSURED COMPANY INFRASTRUX GROUP, INC. B TEXAS ELECTRIC UTILITY CONSTRUCTION. INC 4613 HWY. 1417 N. COMPANY P.O. BOX 2211 C SHERMAN, TX 75091 COMPANY D CO_'VE~RA_G~E.$.. ' --- This certificate sup_ers~de§ and r~pJace~ian~Pr~Y,issued'ceitJ-ficete for thP~pdll~ period'not~)el~?: ' 3 ~i: ' THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAy BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, CONDITIONS AND EXCLUSIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO POLICY EFFECTIVE POLICY EXPIRATION LTR TYPE OF INSURANCE POLICY NUMBER DATE IM MIDD/YY) DATE {MMIDD/YY) UMITS A GENERAL LiABIUTY TB1-691-004226-022 06130/02 01/01/03 GENERAL AGGREGATE $ 5,000,000 X COMMERCIAL GENERAL LIABILITY PRODUCTS - COMP/DP AGQ $ 5,000,000 I CLAIMS MADE X~j OCCUR PERSONAL & ADV INJURY $ 1,000,000 OWNER'S & CONTRACTOR*S PROT EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE (Any ~e fire) $ 100,000 MED EXP {Any one pemon) $ 10,000 A AUTOMOBILE LIABILITY AS1-691-004226-012 06/30/02 01/01/03 COMBINED SINGLE LIMIT $ 1,000,000 X ANY AUTO ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per presort) X HIRED AUTOS BODILY INJURY X NON-OWNED AUTOS (Pe~ accident) PROPERTY DAMAGE GARAGE UABIUTY AUTO ONLY. EA ACCIDENT ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT AGGREGATE EXCESS LIABILITY EACH OCCURRENCE UMBRELLA FORM AGGREGATE OTHER THAN UMBRELLA FORM WC STATU- A WORKERSCOMPENEATIORANO WC1-691-004226-032 01/01/02 01/01/03 X I TORYL,M,TS t I°~TRH' STOP GaP INCLUDED~ EL EACH ~C~IDENT $ 1,000,._00~0. THEpARTNERS/EXECUTivEPROPRIETOR/ LJ INCL EL DISEASE-POLICY LIMIT $ 1,000,000 OFFICERSARE:I I EXCL EL DISEASE-EACH EMPLOYEE $ 1,000,000 ~CERTIFICATE:.HO~DI:R~ -- _.. ' __ _ ~ ....... CANCEEL~,TION~ -,- · 901B TEXAS STREET ,y: Jim L. Metc~lf ~;L ~ .......... ' ..... _ - M*~1(3102) 7: - ........ V,~I:iD AS O-F:~9i~9/02 ....