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HomeMy WebLinkAboutResolution - 1224 - Contract - Hallmark Builders Inc - Fire Station & Expanded Training Facilities - 09/23/1982DGV:cl RESOLUTION RESOLUTION 1224 - 9/2,f/82 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract betweel the City of Lubbock and Hallmark Builders of Lubbock, Inc., for construction of a new Fire Station and Expanded Training Facilities, attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 25th day of September 1982. Z4r Mc4ArLISfER, MAYOR ATTEST:, �vLelyn Gaf ga, City ec a y -Treasurer APPROVED AS TO CONTENT: Tom Foster, Fire Chief APPROVED AS TO FORM: 9 ld G. Vandiver, Assistant City Attorney �A�� r � goo D p THE STATE OF TEXAS ' COUNTY OF LUBBOCK Before me Bonnie MCKee a Notary Public in and for Lubbock County, Texas on this day personally appeared Twi I a Aufi I 1 „ Account Manager of the Southwestern Newspa- pers Corporation, publishers of the Lubbock Avalanche -Journal — Morning, Evening and Sunday, who being by me duly sworn did depose and say that said newspaper has been published continuously for more than fifty-two weeks prior to the first insertion of this Legal Notice -580 words060f Per No.—5.9162A at Lubbock County, Texas and the attached print- ed copy of the Notice is a true copy of the original and was printed in the Lubbock Avalanche -Journal on the following dates: September 2 & 59 1982. K-7000 Account Manager LUBBOCK AVALANCHE -JOURNAL Southwestern Newspapers Corporation ob Subscribed and sworn to before me this 7th day of Septemb¢r lg 8 SEP 8 - 9982 fly Sf bit pnf IARY FORM 58-10 BONNIE MrKEE, NOTARY PUBLIC IN AND POR THE STATE OF TEXAS My COMMISSION EXPIRES NOW. 10, 1994 pn ou:rerms-Iaddenda)'issued dur• I- the time of biddi*g ara to be covered In the 'Proposal, and in closing a contract they wi4 become WST RUCTIONstoB)ODERS apartthereof. 1 • . The successful Sidder will be re. Seated Pr addressed go Floyd P. P,"b i't.-ector of Pur- - quired to enter into a contract with the city of Lubbock, Texas, and fur. Chasing,. City' of L'ublack, Texas, nish a Performance .Bond anda for the Genera) Construction and. Payment Bond in an amount of not expanded training facilities, includ- less than one hundred per cent Ing -some Plumbing Work, will be 1 (1010%) of the Contract price, condi- received ,in Room 103 at the City Boned upon the performance of the, Hall, City of Lubbock, Texas, atdntract. Bonds shall be in the forms 2:00 P.M., September 16, 1982. at which time and place proposals will attached. Cashier`s check, certified check;. or be publicly opened and read aloud.: bid bond, payable without recourse Any bids received after closing; to the City of Lubbock,Texas,of time Wilibereturnedunopened. not lest than fNe per Cent (5c6) ei Proposals will be received for a" the largest possible total oid must combined bid covering the follow-.• accompanreacb bid as a guaran. ing:. tee. If awarded the' contract, the GeneralConstruction and expand."', bidder will enter into a contract ed -training facilities, including and execute a bond acceptable to some Plumbing. Work 'and with " the City of Lubbock within five (S) - clean outs inconcrete floors. Proposals shall be made upon the ' idays from the date ofthe award. I The time limits bet forth In the pro. form provided therefore, and all posal will be considered in making blank spaces in the form shall be -. fully filled; f -the award. - The numbers shalt bestatedi;, both in writing and figures; the sig- owner reserves the right to i'j waive all .formalities, to reiect any natureshall be in.longhand; and : and all bids and in case of ambigui- the complete farm shall be without I, tv or lack.gf clearness in stating interlineation, alteration or era-.. sure. - - price in the proposal, the Owner re - ° serves thg right to adopt the most Proposals shall be delivered to Mr.advantageous construction thereof, . Nesbitt and shall be enclosed in an opaque ! or toreiect the proposals. ; 'A' envelope marked ''Proposal" and bearing the title of i deposit of Twenty-five and No/100 ($2S.00) Dollars will be re the work and the name Of the Bid-- s4uired on all plans and specifi- der, and the Bid 47000. nations, returnable to bidders upon - Should the bidder find discrepao- cies or omissions from the draw. return of the plans and specifi. ' .cations within;two (2) weeks after - ings or documents or should he be the taking of bids. All plans shall be in doubt. as to their meaning, he 'treturned to the architect prepaid. should at once notify the architect, who will send a written instruction 'Plans mar be obtained from '.: McMurtry & Craig, Architect B.En. to all Bidders. Neither the owner nor the architect will be responsible gineers, 3408 32nd Street, Suite 2, r Lubbock, Texas 79410. . for any oral instructions. Before :'Plans may be inspected at the Pur. submitting a proposal, bidders IfChasing Department, Room .103, should Carefully examine the draw--' :ty Hall - ,no$ and specifications and visit Chu Y of Lubbock site of the work, fully inform them- - satvtrs as b all existing Conditions. - Tsi Floyd P. Nesbitt pirectordf Purchasing - - and'limifations and shall Include In the Proposal -a Earn to Cover aha. .... _._._ _..... _-.. cost of all items included in the can. ❑ NORTHWESTERN NATIONAL INSURANCE COMPANY ❑ NORTHWESTERN NATIONAL CASUALTY COMPANY X❑ LAWYERS SURETY CORPORATION 1221 RIVER BEND DRIVE P.O. BOR 47480 DALLAS, TEXAS 75247 (214) 634-1900 October 4, 1982 R E I N S T A T E M E N T N O T I C E ------------------- City--- City of Lubbock, Texas City Secretary City Hall • Lubbock, Texas e, � 1g RE: Bond No. LPB-31 3660 Principe : Hallmark Bldgs. of Lubbock. Inc. Effective: August 4, 1982 Gentlemen: General Contractor Band $5,000. This is your authority to REINSTATE the above referenced bond.. Please acknowledge receipt of this NOTICE OF REINSTATEMENT. Yours truly, 11►�i _ _�/VA oz cc: e RESOLUT 10'1 °1 a24 - 9/2u/0'2 j CITY Fr(,"'-T,n'�Y-TREASUREk l THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A101 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM 1977 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY 1S ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION Use only with the 1976 Edition of AIA Document A201, General Conditions of the Contract for Construction. This document has been approved and endorsed by The Associated General Contractors of America. AGREEMENT made as of the 27th day of September Hundred and Eighty Two BETWEEN the Owner: City of Lubbock P.O. Box 2000 Lubbock, Tx 79457 and the Contractor: Hallmark Builders of Lubbock, Inc. P.O. Box 16209 Lubbock, Tx 79490 The Project: Fire Station and Expanded Training Faci lities City of Lubbock Lubbock, Texas The Architect: McMurtry and Craig 3408 32nd Street, Suite 2 Lubbock, Tx 79410 The Owner and the Contractor agree as set forth below. in the year of Nineteen Copyright 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, © 1977 by the American Institute of Architects, 1735 New York Avenue, N.W., Washington, D. C. 20006. Reproduction of the material herein or substantial quotation of its provisions without permission of the AIA violates the copyright laws of the United States and will be subject to legal prosecution. AIA DOCUMENT A101 • OWNER -CONTRACTOR AGREEMENT • ELEVENTH EDITION • JUNE 1977 • AIA® ©1977 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D. C. 20006 A101-1977 1 ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, the Conditions of the Contract (General, Supplementary and other Conditions), the Drawings, the Specifications, all Addenda issued prior to and all Modifications issued after exe- cution of this Agreement. These form the Contract, and all are as fully a part of the Contract as if attached to this Agreement or repeated herein. An enumeration of the Contract Documents appears in Article 7. ARTICLE 2 THE WORK The Contractor shall perform all the Work required by the Contract Documents for Meta 1 Bui Iding She! (Here insert the caption descriptive of the Work as used on other Contract Documents.) with slab and foundation and some plumbing roughed -in for "Fire Station and Expanded Training Facilities, City of Lubbock, Lubbock, Texas " ARTICLE 3 TIME OF COMMENCEMENT AND SUBSTANTIAL COMPLETION The Work to be performed under this Contract shall be commenced October ll., 1982 and, subject to authorized adjustments, Substantial Completion shall be achieved not later than February 7, 1983. (Here insert any special provisions for liquidated damages relating to failure to complete on time.) AIA DOCUMENT A101 • OWNER -CONTRACTOR AGREEMENT • ELEVENTH EDITION • JUNE 1977 • AIA® ©1977 0 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D. C. 20006 A1014977 2 r. ft . ARTICLE 4 CONTRACT SUM The Owner shall pay the Contractor in current funds for the performance of the Work, subject to additions and deductions by Change Order as provided in the Contract Documents, the Contract Sum of Seventy—Eight Thousand Seven Hundred Seventy One and no/100 Dollars ( $ 78,771.00 ) The Contract Sum is determined as follows: (State here the base bid or other lump sum amount, accepted alternates, and unit prices, as applicable.) This sum is Twenty Thousand Four Hundred Sixteen and no/100 ( $20,416.00 ) for Labor, and Fifty Eight Thousand Three Hundred Fifty -Five and no/100 dollars ( $58,355.00 ) for materials. ARTICLE 5 PROGRESS PAYMENTS Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as pro- vided .in the Contract Documents for the period ending the th I rt i eth day of the month as follows: Not later than ten o days following the end of the period covered by the Application for Payment ninety percent ( 90 /o) of the portion of the Contract Sum properly allocable to labor, materials and equipment incorporated in the Work and n i nety percent ( 90%) of the portion of the Contract Sum properly allocable to materials and equipment suitably stored at the site or at some other location agreed upon in writing, for the period covered by the Application for Payment, less the aggregate of previous payments made by the Owner; and upon Substantial Completion of the entire Work, a sum sufficient to increase the total payments to ninety percent ( 90 %) of the Contract Sum, less such amounts as the Architect shall determine for all incomplete Work and unsettled claims as provided in the Contract Documents. (it not covered elsewhere In the Contract Documents, here insert any provision for limiting or reducing the amount retained after the Work reaches a certain stage of completion.) Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at the rate entered below, or in the absence thereof, at the legal rate prevailing at the place of the Project. (Here insert any rate of interest agreed upon.) (Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owner's and Contractor's principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Specific legal advice should be obtained with respect to deletion, modification, or other requirements such as written disclosures or waivers.) AIA DOCUMENT A101 • OWNER -CONTRACTOR AGREEMENT • ELEVENTH EDITION • JUNE 1977 0 AIAO ©1977 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D. C. 20006 A101-1977 3 ARTICLE 6 FINAL PAYMENT Final payment, constituting the entire unpaid balance of the Contract Sum, shall be paid by the Owner to the Contractor when the Work has been completed, the Contract fully performed, and a final Certificate for Payment has been issued by the Architect. ARTICLE 7 MISCELLANEOUS PROVISIONS 7.1 Terms used in this Agreement which are defined in the Conditions of the Contract shall have the meanings designated in those Conditions. 7.2 The Contract Documents, which constitute the entire agreement between the Owner and the Contractor, are listed in Article 1 and, except for Modifications issued after execution of this Agreement, are enumerated as follows: (List below the Agreement, the Conditions of the Contract (General, Supplementary, and other conditions), the drawings, the Specifications, and any Addenda and accepted alternates, showing page or sheet numbers in all cases and dates where applicable.) Instructions to Bidders Proposal Payment Bond Performance Bond A.I.A. General Conditions Technical Specifications Divisions 1 through 8 Division 13 - Metal Building Division 15B - Plumbing Addendum No. 1 dated September 13, 1982 Plan Sheets Architectural & Structural Plumbing 2 pages 2 pages 1 page page 19 pages 26 pages 8 pages 3 pages page Sheets 1 through 4 Sheet 5 Attest This Agreement entered into as of the day and year first written above. OWNER= of Lubb CJTORjal ark Builders of Lubbock, Inc. I ter yor C r o Pr 'dent 7./4 Vn gay I y r ary bent G ndersonp Secy. -Treasurer fierp Five Chief AIA DOCUMENT A101 - OWNER -CONTRACTOR AGREEMENT - ELEVENTH EDITION JUNE 1977 - AIA® 01977 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D. C. 20006 A101-1977 4 � • •.• e e • • e .• e e - C �e • e e• a •,� • e• e' NAME AND ADDRESS OF AGENCY Greiner -Madison Insurance Agency, Inc. COMPANIES AFFORDING COVERAGES P. 0.Box 30639 COMPANY A Amarillo, TX 79120 LETTER North River Insurance Company COMPANY LETTER International Insurance Company NAME AND ADDRESS OF INSURED COMPANY Hallmark Builders of Lubbock, Inc. LETTER C Twin City Fire Insurance Company P. 0. Box 16209 COMPANY D Lubbock, TX 79490 LETTER Ro al Indemnit Com an COMPANY E E LETTER This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time. 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. COMPANY LETTER TYPE OF INSURANCE POLICY NUMBER POLICY EXPIRATION DATE Limits of Liability in Thousan s EACH AGGREGATE OCCURRENCE GENERAL LIA9ILITY ® BODILY INJURY s 300 s 300 COMPREHENSIVE FORM ® PREMISES—OPERATIONS FI AND COLLAPSE 5405319936 1-1 -83 PROPERTY DAMAGE $ 100 s 100 HAZARD HAZARD UNDERGROUND A HAZARD PRODUCTS/COMPLETED OPERATIONS HAZARD CONTRACTUAL INSURANCE BODILY INJURY AND BROAD FORM PROPERTY PROPERTY DAMAGE COMBINED $ y DAMAGE C INDEPENDENT CONTRACTORS PERSONAL INJURY.#222 300 PERSONAL INJURY s AUTOMOBILE LIABILITY BODILY INJURY s 250 ® (EACHPERSO ) B COMPREHENSIVE FORM ® OWNED 5405317884 1-1-83 BODILY INJURY (EACH ACCIDENT) $ 500 HIRED PROPERTY DAMAGE $ 100 L�(I NON -OWNED BODILY INJURY AND PROPERTY DAMAGE $ COMBINED EXCESS LIABILITY C ® UMBRELLA FORM El OTHER THAN UMBRELLA TXU103155 r� 6-29-83 BODILY INJURY AND PROPERTY DAMAGE $2,000 $2,000 FORM COMBINED WORKERS' COMPENSATION A and 4080126312 1-1-83 STATUTORY EMPLOYERS' LIABILITY s 100 OTHER (EACH ACCIDENT) D Builders Risk RQS300561 5-12-83 $2,000 Any Building DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES Construction of Fire Station & Training Facility for City of Lubbock Texas with $78,771. contract price. Coverage to include Owners Protective Liability for City of Lubbock, its employees, and McMurtry & Craig, Architects and Engineers shall be additional insurors. Copy of Bu ilders Risk insurance attached to certificate of insurance. Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing com- pany will endeavor to mail _1,0._. days written notice to the below named certificate holder, but'"rorertYr— raaiJ.s+�c,�iawtiee �aal�i�>}�oee�reob4igat+an-er�liebil+ty efart�rkinrf clporr 4F►e�e�rrrp-art-ry. NAME AND ADDRESS OF CERTIFICATE HOLDER: City of Lubbock, Texas DATE ISSUED: 10-6-82 City Hall Lubbock, TX 79400 Dick M i yqdfI�17� D REPRESENTATIVE ACORD 25 (1.79) �0 COMPANY f51t4,aYM1104 i NUMBRJ! 'J!•"'—'—��' �.,�.w ... -G �„YMIpOC My gs PLO RENEWAL s f Poucy OF NUMBER .. 26 33 r 1 eR `�-61Oa54CODE i "+ THIS 'POLICY IS ISSUED BY THE' COMPANY (A :TOCK COMPANY) INDICATED BY X BEFORE THE COMPANYNAME' ROYAL GLOBE INSURANCE COMPANY Q GLOBE INDEMNITY COMPANY [q ROYAL INDEMNITY �, OMPANY Q SAFEGUARD INSURANCE COMPANY AMERICAN AND FOREIGN M+15tfRANCE COMPANY (� NEWARK INSURANCE COMPANY DECLARATIONS NALUlARK 8U I LDERS+ INC. IIIAME NSUREd'S Aim 1 LL+Q = 1j14WKARhC 8U t L1ERS OF GRE 1 kER u9AD 1 I i{�I. ,�� MAILING° LUBBOCK INC. P. Pie O. 86X 7358 d BOX 30M L NW I LL0+ TEXAS 79109 ASAI Lt0. 11X" M201 J POLICY PROM i'lv CONTINUOUS 'j' I AMOUNT RA PERIOO I �' A ` 12 -197$ tln Ti< ` Plt=M1YM + v N EO I s A/P/F'4tK�.40 ANNO t P. In Consideration of thestipulationsnIth herein named and of the premium above stated, the Company does Insure the above Named Insured, hereinafter caned lila Insured, whose address aborti. from the inception date stloem abm+e, at Roon (standard time) to The expiration date Shown above, h Dann er called time), at place of Issuance, to an amount got #zceedit the amNnt(s) above IRCIfied on the ionowing described propery. 2EP05tT PREMIUM ENDORSEMENT "�— —`— = — --- — - INLAND MARINE DEPARf1lEM1 *.but No typing necessary if issued with policy and atfachment stated in Policydeclarations. Unless otherwise stated, this endorsement forms a art of theattached as of issue, provided such attachment is stated in the pollicy decto which SIGNEDBY: Otherwise, this endorsement is issued for attachment to and forms a part of thepolicy numbered below, effective only on the date indicated on this endo ement at the same time or hour of the day as the policy became effective COMPANY AUTHORIZED REPRESENTATIVE (PREMIUM y. ' END.EFF.DATE(MD.DAY,YR.) END.EXP.DATE(MD.DAY,YR.) POLICY NUMBER ROYAL I NDETtN I TY COMPANY a ,pO.00 Named Insured (and address, zip code when necessary for mailing; 2"83 R S 3M� F Producer (and address, tip code, for mailing) fftAMAR LARK 0U ILD i 1 NC. GRE 1 HER MAD I SOI+! INS* AGENCY i LLO i NAt.U"lARK ESU i LDERS or LLUSBOCKs INCe J L J In accordance with the terms and conditions of this policy, 8' ANNUAL DEPOSIT premium as Indicated above Is due and payable on this date. 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Still Aq lu!.1teµs oslal .10 pne.1l Aug 10 ose3 ul 10 'nlalay; pamsul oil; to Isala;ul 1yl 10 'loatay; Ioefgns Sty; 10 sauemsul g!gl aululaouo3 souelswnana .10 13e; peltaltw Aug paluesoldan!w 10 paleso11o3 $ty pamsul 841 'ssol a lalle to etolaq .1o4legM 'p plop 44 !legs A311od uilue sly; •pnlui put 1olp.1lulsudoiSIM SNOIli0NO3 �� , BUILDERS RISK DECLARATION•ENDOhSEMENt --- yr 16UMr0%RT ,l ROYAL I NDEMIN I TY COMPANY �M R INSURANCE IS EFFECTIVE ONLY IF THESE DECLARA ARE ATTACHED TOI'OI.ICY CORM hIQ X97MC D1 ICY RQS 30 " Eos 61 ® Completed Value form 1 ❑ Actual Vatuaa at Risk form NAME . HALLMARK OUILDERSg INC•4 AMARILLO; AND . HALLMARK BUILDERS OF LU BOCK, INC e ADDRESS . Pe Oe BOX 7366 INSURED - AMAR I LLO, TEXAS 79909 POLICY FROM TO 1� SUM INSURED RATE PREMIUM NT I NtlDUS PERIOD: At Noon Standard Time At Place Of Issuar+ce As To Each Of Sail Dstat, AS BELOW PjE 00e00 MP A_LOCATION(S) COVERED (PARAGRAPH I AT ---- ___ AS PER MONTHLY REPORTS Ilii I TH I N THE STATES OF TEXAS s OKLAHOMA 6t, AT NEW MEXICO AT -- -- + , /LIMITS OF LIABILITY THIS COMPANY SHALL NOT BE LIABLE FOR MORE THAN TI_,E FOLLOWING AMOUNTS: a) With respect to any one dwelling; h) With respect to any building or structure other than a dwelling, except as may be_ specifically scheduled; c) fly theft, Ixlrglary or hold-up, except for property in due course of transit as Provided for under Ie) below ui rnm respect to any loss, casualty, or disaster, except as respects property in due course of transit as Ixrlow; provided for under !e) a) In Ally one loss, casualty or disester, with respect to property in duo course of transit; +i wen ►espoct to any, other location, except as may be specifically scheduled. I= . 150,000. s. 2,000,000. t 50,000. {2'ton,000. 50,000. -- 25.000. ; . AS USED HEREIN, "DWELLING" IS DEFINED AS A BUILDING DESIGNED AND INTENDED FOR OCCUPANCY AS A DWELLING BY NOT MOR[ THAN FOUR FAMILIES. ALL OTHER BUILDINGS AND STRUCTURES SHALL BE CLASSIFIED AS "COMMERCIAL" FOR PURPOSES OF THIS IaM1iURANCS. C. LOSS PAYABLE CLAUSE LOSS IF ANY TO BE ADJUSTED ONLY WITH THE INSURED NAMED HEREIN AND PAYAB E TO THE f *SVFIBID AND AS Tltl IR RESPECTIVE INTERESTS MAY APPEAR, SUBJECT, NEVERT►iELESS, TO ALL THE PROVISIONS AND STIPULATIONS OF THE POLICY. O. DEDUCTIBLE IPARAGRAPH 7) UGI tU WINOSI ORM AND HAILDUF TO AI_L <)111CR PERILS INSURED UNDER THIS POLICY Li .000600 s 1,000.00 E. REPORTING CONDITIONS 'IPARAGRAPII_9) ^) Vnl++os Ielwrted shall be sogrugated into the fullOwing categories, listing each (wilding or structure separately and giving the location and type of CofMtructlon. IN 1. The estimated completed cost of all huildings or structures; ?. The actual values at risk of all buildings or structures; 3. The value of forms and scaffolding. I'll'! In: wal considaretwn for the liability assumed under this policy shall be dutermined by allp►ying monthly otos to the vNues reported is {nQieagQ pa)oM; 1. For dwellings . N/ A per one hundred dollars monthly. ?. For NI other building or structures;` ---Per one hundred dollars monthly. " F. PREMIUMS UI-�)yll "RI, MIUM 9 ANNUAL MINIMUM PREMIUM S OOe00 1+1 ---- -- -- S '1 OO a 00 722t,4 INSURING AGREEMENT N0. 1— BUILDERS RISK ' No typing necessary F issued with policy and attachment stated in policy declarations. F finless otherwise stated, this endorsement forms a part of the 'policy to which COUNTERSIGNED tY: attached as of issue, provided such attachment is stated'in the policy declarations. Otherwise, this endorsement is Issued for attachment to and forms a part of the P C1 policy numbered below, effective only on the date Indicated on this endorsement but at the same time at hour of the day as the policy became effective. AUTHORIZED REPRESENTATIVE ROYAL INDEMNITY COMPANY PRODUCER CODE C-6700546 Named Insured (and address, zip code when necessary for mailing) HALLMARK BUILDERS9 INC. AMARILLO; HALLMARK BUILDERS OF LU9BOCKo INC. L 1. PROPERTY COVERED: This policy covers: (a) buildings or structures, the construction of which commences on or ,after the Inception of this policy, while in course of construc. tion, including additions, attachments, and all permanent ma- chinery, equipment and fixtures, belonging to and constituting a part of said buildings or structures all while situated at loca- tion(s) specified in paragraph A in the "Declarations". (b) temporary structures, materials, and supplies intended or de- signed to become part of the aforementioned buildings or structures, while (a) In due course of transit to the contractors' sites specified in the "Declarations", and (b) while on the premises of such construction sites or within 100 feet thereof. (c) WHEN NOT OTHERWISE COVERED BY INSURANCE, builders' ma- chinery, tools and equipment owned by the insured or similar proferty of others for which the insured is legally liable, all whi a contained in said building(s) or structure(s) or temporary structure(s) or on vehicles, or In the open; only while on the described premises or within 100 feet thereof. 2. TERMINATION OF COVERAGE: Coverage under this policy shall terminate: (a) when the Interest of the insured in any property ceases; or (b) upon completion of any building or structure, unless the interest of the insured continues after such completion, in which event Coverage shall continue, for not exceeding the amount of the, insured's interest in such building or structure, for a further period of not exceeding 30 consecutive days; or (c) upon the expiration of or the termination of this policy, which- ever first occurs. 3. PROPERTY EXCLUDED: This insuring agreement does not insure: (a) any property, except forms, scaffolding and property described In I (c) above, not Intended or designed to become part of the buildings or structures Insured by this policy; (b) property while waterborne except property in due course of transit to construction site s) on land conveyances while on board any regular ferry operating in inland waters only; (c) lawns, trees, shrubs or plants; (d) this policy does not cover cost of excavation, real property which existed prior to current construction nor, unless speci- fically stated herein, brick, stone or concrete foundations, piers or other supports which are below the under surface of the low- est basement floor, or where there is no basement, which are below the surface of the ground, or underground flues, pipes or wiring; (e) bridges, tunnels, dams, piers, wharves, docks, retaining walls, radio and/or television towers and antennas, oil pipe lines, oil drilling or exploration structures, oil refineries, cracking plants buildings or structures designed for the purpose of atomic energy production or distribution chemical plants, power or generating plants, and/or green houses. 4. LIMITS OF LIABILITY: See ",'Declarations" S. PERILS INSURED: This policy insures against all risks of direct physi- 816708 I ENDORSEMENT (Mo., DAY, YR.) POLICY SYMBOL A NUMBER EFFEC DATE TIVE G '12-78 RQS W 05 V1 r Producer (end address, zip code, for mailing) I GREiNER MADISON INSURANCE AGENCY Cal loss of or damage to Insured property from any external cause except its hereinafter provided. i. PERILS EXCLUDED: This policy does not insure against; (a) unexplained loss or mysterious disappearance of any property, or shortage disclosed on taking Inventory; (b) loss or damage caused by or resulting from earthquake, mudflow, earth sinking, earth rising or shifting, landslide or other earth movement (unless specifically endorsed hereon) unless loss by fire or explosion ensues, and then only for such ensuing loss. This exclusion does not apply to property in due course of transit. (c) loss or damage caused by or resulting from: (1) flood, surface water, waves, tidal water or tidal wave, over. flow of streams or other bodies of water, or spray from any of the foregoing, all whether driven by wind or not; (2) water which backs up through sewers or drains; (3) water below the surface of the ground including that which exerts pressure on or flows, seeps or leaks through side- walks, driveways, foundations, walls, basement or other floors, or through doors, windows or any other opening in such side- walks, driveways, foundations, walls or floors; , (4) release of water impounded by a dam regardless of cause. unless loss by fire or explosion ensues, and then only for such ensuing loss. This exclusion shall not apply to property in rue course of transit. (d) loss or damage caused by or resulting from subsidence, settling, cracking, shrinkage or expansion of walls, pavements, floors, roofs or ceilings unless directly caused by fire, lightinga, ex- oromaliciousdmischief andtthen only rHtand tohthesextteenntathat such perils are otherwise Insured against hereunder; (e) loss or damage to builders' machinery, tools and equipment owned by the insured or similar property of others for which the Insured Is legally liable, when covered under this policy, unless caused by fire, lightning, windstorm, hail, aircraft, tre- hicles, discharge from fire protective or building service esqquip- ment, explosion, riot or civil commotion, vandalism or malicious mischief, and then only to the extent that such perils are in- sured in this policy; (0 loss or damage to property in the open caused by rain, snow, sand or dust, whether driven by wind or not (other than property in the custody of carriers or bailees for hire); nor against loss or damage to buildings caused by rain, snow, sand or dust, whether driven by wind or not unless the building shall first sustain an actual damage to roof or walls, and then this company shall be liable for loss to the interior of the building as may be caused by rain, snow, sand or dust entering the building through openings In the roof or walls made by direct action of wind, hurricane or hail. (g) loss or damage caused by the neglect of the Insured to use all reasonable means to save and preserve the property at and aftgr, any loss or damage; I� (h) loss, damage or expense caused by, resulting from or due to: error, omission or deficiency in design, specifications, workman- ship or materials. This exclusiop does not apply to loss by fire, lightning, windstprms, half; • explosi n, riot or civil commotion, aircraft. vgh�t s, smoke or 4� chakge from fire protective or '"6aildt g serVic egwpmen't; to, the' eXtent that such perils are insured against in this policy. (i) loss or damage caused by or resulting from inherent vice, latent defect, wear and tear, deterioration, rust, corrosion, dampness of atmosphere, wet or dry rot, mould, extreme of temperature, freez- ing, insects or vermin; (j) loss or damage to electrical systems, devices or equipment (in- cluding wiring) due to short circuiting, blowout or other elec- trical injuries or disturbances caused by electrical currents artificially generated, unless fire ensues, and then this com- pany shall be liable only for, damage resulting from fire; (k) loss, damage or expense caused by or resulting from mechanical breakdown or derangement unless fire ensues, and the perils of fire are not excluded elsewhere in this policy, and then only for the loss, damage or expense caused by or resulting from such fire; (1) loss or damage to steam boilers, steam pipes, steam turbines or steam engines caused by or resulting from bursting, rupture or explosion of such objects, loss or damage to machines, or machinery by rupture, bursting, or disintegrating or rotating or moving parts caused by centrifugal or reciprocating force; (m) loss or damage caused by or resulting from infidelity and dis- honesty by any partners, officers or employees or agents of the insured, while working in the course of their employment or otherwise and whether acting alone or in collusion with others, or any others to whom the property covered may be entrusted except any carrier for hire; (n) loss occasioned by enforcement of any local or state ordinance or law regulating the construction, repair, or demolition of building(s) or structure(s); (o) loss or damage to glass (other than glass building blocks) except caused by fire, lightning, windstorm, hail, aircraft, vehicles ex- plosion, riot, or civil commotion and then this company shall be liable only to the extent that such perils are insured against in this policy; (p) any loss caused by or resulting from loss of use, Interruption of business or other consequential loss extending beyond the direct physical loss or damage to the property; (q) loss or damage caused by the weight of a load exceeding the rated lifting -or supporting capacity of any machine; (r) loss resulting from any guarantee, warranty or other obligation assumed by a manufacturer, supplier or similar agent; (s) loss or damage caused by or resulting from war risks or nuclear risks as excluded in the policy to which this% Insuring Agree- ment is attached. 7. VALUATION: This Company shall not be liable beyond the actual cash value of the property insured at the time any loss or damage occurs, plus labor and other charges and expenses thereto accrued but not exceeding the amount which it would cost to repair or replace the same with material of like kind and quality., 8. DEDUCTIBLE: Each and every loss occurring hereunder sh-;i be ad- justed separately and from the amount of each such loss when so ad- )usted the amount indicated in the "Declarations" shall be deducted. This deductible shall apply separately to each building or structure (including its personal property) and separately to personal property in the open. t REPORTS AND PREMIUMS: (a) The insured agrees to keep an accurate record of the value of all property covered under this policy and to furnish this com- many on or before the 15th day of each month, with a state- ment reporting said values at risk hereunder as of the last day of the previous month, and to pay premiums theron at the rates stipulated in the "Declaration". For the purpose of such report, values shall be computed In ac- cordance with the provisions of Clause 7 Valuation), and the values thus reported shall be segregated Into the following cate- gories, listing each building or structure separately,and giving the location and type of construction; (1) the estimated completed value of uncompleted buildings or structures; (2) the actual completed value of completed buildings or struc- tures still at risk under this policy; (3) the value of forms and scaffolding. (b) All monthly earned premiums shall be applied against the Deposit Premium shown in the "Declarations" until said deposit shall have been fully earned by the Company. After which such earned premiums shall be due and payable as of the date of the hr- sured's monthly report. The actual annual premium consideration for this insurance shall In no event be less than the "Minimum Annual Retaiaed Premium" specified in the "Declarations". Ic) At the time of any loss, if the insured has failed to file with this company reports of value as above required, this policy, subject otherwise to all of its terms, conditions and limitations, shall cover only at the locations and for not more than the amounts included in the last report of values filed prior to the loss. If such delinquent report is the first report of values herein required to be filed, liability shall be limited to 90% of the amount for which this company would otherwise be liable. (d) Full reporting clause: In`the event of loss or damage this com- pany shall be liable for no greater proportion of such loss or damage than the value last reported by the Insured prior to loss or damage bears to the completed value (either estimated or actual, as stipulated herein above) of the building or struc- ture involved. This, clause shall apply separatelyy to each building or structure insured under this policy and to Insured's scaf- folding. (e) Notwithstanding the requirements of this policy that premium be Paid upon the total values ,at,risk thereunder, the company's ability shall ih po event exceey the limits of liability as spec- ified pecified in the "Declarations". 4 ' . (f) Verification of values: This "company or its duly appointed repre- sentative shall be permitted at all reasonable times during the term of this policy, or within a year, after its termination, to in- spect the property covered hereunder and to examine the in- sured's books, records, and such policies as relate to any prop- erty covered hereunder. This inspection or examination shall not waive or in any manner affect any of the terms or conditions of this policy. (g) Cancellation of Policy: In the event of cancellation of this policy In accordance with the basic policy conditions (1) All outstanding liability as of. the effective date of such can- cellation shall terminate whether or not reports have been submitted hereunder, and (2) The insured shall report all ° values"at risk hereunder from the end of the last month reported on, up to and including the date of cancellation. All other terms and conditions of the policy riot in conflict herewith remain unchanged. 1 �;► VDCANENT' , V(P GL08F In ypoiicycy iWdeclu aber only, in this section above the heavy line, Unless otherwise stated, this endorsement forms a part of the policy to which SIG' 4suaiA, attached as of issue, provided such attachment is stated in the policy declarations. ® Otherwise, this endorsement is issued for attachment to and forms a part of the policy numbered below, effective only on the date indicated on this endorsement but at the same time or hour of the day as the policy became effective. L 20030R—Sets AUTHORIZED REPRESENTATIVE ROYAL INDEMNITY COMPANYI ❑ Add'l. El Return $ N 1 L I (M — '�—?i `S JRQS 30 OB 61 Named Insured (and address, zip code, when necessary for mailing) _ Producer (and address, zip code, for mailing) HALLMARK BUILDERS9 INC. AMARILO; rGREINER MADISON INSURANCE HALLMARK BUILDERS OF LUABOCK, INC. AGENCY a 1T IS HEREBY AGREED THAT PARAGRAPH (A) OF CLAUSE -9 "REPORTS AND PREMIUMS" IS DELETED AND THE FOLLOWING SUBSTITUTED THEREFORt 9. REPORTS AND PREMIUMSt (A) THE INSURED AGREES TO KEEP AN ACCURATE RECORD OF THE VALUE OF ALL PROPERTY COVERED UNDER THIS POLICY AND TO FURNISH THIS COMPANY ON OR BEFORE THE 15TH DAY OF EACH MONTH,, WITH A STATEMENT REPORTING SAID VALUES AT RISK HEREUNDER AS OF THE LAST DAY OF THE PREVIOUS MONTH AND TO PAY PREMIUMS THEREON AT THE RATES STIP— ULATEb 1N THE "DECLARATION". FOR THE PURPOSE OF SUCH REPORT VALUES SHALL BE COM- PUTED IN ACCORDANCE WITH THE PAOVISIONS OF CLAUSE 7 (VALUATION)o LISTING EACH BUILDING OR STRUCTURE SEP. ARATELY AND GIVING THE LOCATION AND TYPE OF CONSTRUCT— ION; THE VALUES THUS REPORTED SHALL BE IN ACCORDANCE WITH THE FOLLOWING CATEGORIES: 1. THE ESTIMATED COMPLETED VALUE OF BUILDINGS OR STRUCTURES; 2, THE VALUE OF FORMS AND SCAFFOLDING. ALL OTHER TERMS AND CONDITIONS OF CLAUSE 9 REMAIN UNCHANGED. I 10 E:DORSEMENT °J ° AL cL a Type policy number only, In this section above the heavy line, F In olio declarations. Unless otherwise stated, this endorsement forms a part of the polis to which sls '�ITrpATIQ attached as of Issue, provided such attachment is stated in the policy declarations. Otherwise, this endorsement is issued for attachment to and forms a part of the Cutnumbered below, effective only on the date indicated on this endorsement but at the same time or hour of the day as the policy became effective. AUTHORIZED REPRESENTATIVE ..w� •,auvu a nwm.0 ROYAL 1 NOEMN 1 TY COMPANY o. ❑ Add'1 ❑ Return i N/A .. 2:r$QIR,Q6-* ab", 05 61 Named Insured (and address, zip code, when necessary for mailing) Producer (and address, zip code, for mailing) HALLMARK BU 1 LOERS e INC,, rGREI NER MAD I SON INS, AGEN AMARILLO; HALLMARK BUILDERS OF LUBBOCK, INC. _ ) J IN CONSIDERATION OF THE PREMIUM TO BE REPORTED MONTHLY IT IS HEREBY AGREED AS RESPECTS ANY ONE BUILDING IN EXCESS OF U 000 00 COMPLETED CONTRACT PRICE, IT IS AGREED THE NOTIFY THE COMPANY IN WRITING WITHIN '15 DAYS AFTER COMMENCEMENT OF ALL SUCH JOBS INCLUDING SITE PRE— PARATION THE COMPLETED CONTRACT PRICE, LOCATION, OONSTRUCTION, NUMBER R FLOORS AND INTENDED OCCUPANCY. THE QCQQOMMPANY ASSUMES NO LIABILITY FOR ANY JOB IN EXCESS OF 000-2 1F THE ASSURED FAILS TO NOTIFY THE COMPANY WITHIN 15 S AFTER COMMENCEMENT OF ALL SUCH JOBS. L 2003OR—Sets 1' "'ENNONSEMENT OIAt-91 Type policy number, only, in this section above the heav line, IF issued with policy and attachment s V eW in policy declarations. Unless otherwise stated, this endorsement forms a part of the policy to which SIGNED BY attached as of issue, provided such attachment is stated in the policy declarations. 7CP a/"�i ® Otherwise, this endorsement is issued for attachment to and forms a part of the policy numbered below, effective only on the date indicated on this endorsement o v but at the same time or hour of the day as the policy became effective. �_ _, �� AUTHORIZED REPRESENTATIVE Royal Indemnity Company p Adfl I10-6-82 p Return (MO., DAY, YR.) 0 6 82 IRQS300561 Named Insured (and address, zip code, when necessary for mailing) Producer (and address, zip code, for mailing) Hallmark Builders of Lubbock, Inc. rGreiner-Madison Ins. Agency,Inc P. 0. Box 16209 P. 0. Box 30639 Lubbock, TX 79490 Amarillo, TX 79120 L L— It is hereby agreed and understood that the City of Lubbock, Texas is named as an additional insured on this policy on the insurance coverage covered under the captioned Builders Risk Policy on the Fire Station & Training Facility being constructed by Hallmark Builders of Lubbock, Inc. CL 20030R -meets 8 pEU7Y;�;O ." j UNITED STATES F1I y La(ARANTY COMPANY awe 06 ' (A Stock Company) TEXAS STATUTORY PERFORMANCE BOND (Penalty of this bond must be 100% of Contract amount) STATE OF TEXAS COUNTY OF BOND NUMBER.. A791.20.-1.15.60-8.2.. KNOW ALL MEN BY THESE PRESENTS: That... HALLMARK. BUILDERS•OF LUBBOCK, INC. P.O. BOX 16209, LUBBOCK, TEXAS 79490 ............................................................................................. (hereinafter called the Principal), as Principal, and UNITED STATES FIDELITY AND GUARANTY COM- PANY, a corporation organized under the laws of the State of Maryland, and duly authorized to do business in the State of Texas, (hereinafter called the Surety), as Surety, are held and firmly bound unto THE.CITY •OF• LUBBOCK,.TEXAS............................................................. . (hereinafter called the Obligee), in the penal sum of.. SEVENTY-EIRHT. THQV$ARQ • MEN. HUNDRED.. SEVENTY-ONE AND NO/100---------------------------------------- ........................................................................................Dollars ($. 78,771.00 ) for the payment of which sum well and truly to be made, we bind ourselves, our heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 27TH .. • ...day of...SEPTEMBER .......14. N., a copy of which is hereto attached and made a part hereof, for CONSTRUCTION OF FIRE STATION AND EXPANDED TRAINING FACILITIES NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform the work in accordance with the plans, specifications and contract documents, (' then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160, Chapter 4 of Vernon's Revised Civil Statutes of Texas as amended by the Acts of the Regular Session of the 56th li Legislature, 1959, and all liabilities on this bond shall be determined in accordance with the provisions thereof to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this- ;; 27THday of....SE..PTER 82 ..MBEMBE . 19.. t HALLM UILDER F LUBBOC'14 INC. , c fSeal) ................................. .. �N 7E 6Y • (Seal) UNITED S T FIDE TY NTY COMPANY r'.. y... ... (Seap om-in-fact - — �] �A-1-J-06 t .... °���,......�:.» _.._..:_... .. ..,..' .... ,.::;.... . .::... t .. �..... 7.7 r 'S, ., { �5 in xiFly'•\•s,5 -f:ifp'+, 5 lAl ii'If1 ti'3?i .t�f1�iQ�!i `��fl Y W );?if{t+ \.�;l�ei{f/ : ,iii /,i .ur If �j i3i�ifif YYL eIfi°t' 1i�i ? Y• ,Si 1`^coo t,sin \pELITr4�G y� UNITED STATES FIDELI � ^ � UAKANTY COMPANY �j $' e,s • twd l =�. (A Stock Company) t=w TEXAS STATUTORY PAYMENT BOND (Penalty of this bond must be 100% of contract amount) I STATE OF TEXAS l { COUNTY OF BOND NUMBS 18-0120-11560-82 KNOW ALL MEN BY THESE PRESENTS: That HALLMARK BUILDERS OF LUBBOCK, INC. P.O._ BOX_162M. LUBBOCK, TEXAS 794 (hereinafter called the Principal), as Principal, and UNITED STATES FIDELITY AND GUARANTY COMPANY, o corporation organized under the laws of the State of Maryland, and duly authorized to do business in the State of Texas, (hereinafter called the Surety), as Surety, are held and firmly bound unto THE CITY OF LUBBOCK, TEXAS (hereinafter called the Obligee), in the penal sum of SEVENTY-EIGHT THOUSAND SEVEN HUNDRED SEVENTY-ONE AND NO/100 ---------------------------------------------- Dollars (� 78,771.00 ) for the payment of which sum well and truly to be made, we bind ourselves, our heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. life! WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 27TH day of SEPTEMBER 19 -AZ--, a copy of which is hereto attached and made a part hereof, for f� CONSTRUCTION OF FIRE STATION AND EXPANDED TRAINING FACILITIES ;ari NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay .: all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided z for in said contract, then, this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160, Chapter 4 of Vernons Revised Civil Statutes of Texas as amended by the Acts of the Regular Session of the 56th Legis- lature, 1959, and all liabilities on this bond to all such claimants shall be determined in accordance with the provisions thereof to the same extent as if it were copied at length herein. WITNESS WHEREOF the said Principal tN W and Surety have signed and seated this instrument this 27TH day of SEPTEMBER , 19 82 I N' IDR LUBBOCK INC'. • (Seal): s(Seal�I UN ED... TES FI ITY . RANTY COMPANY i CERTIFIED COPY GENERAL POWEROF ATTORNEY No........*.N ..................... Know eA Menbr ;bone Presenta e That UNITED STATES FIDELITY AND GUARANITY. COMPANY, a corporation organized and existing under the laws :of the State of Maryland,.' and having its principal office at the City of Baltimore, In the State of Maryland, does hereby eonstitute and appoint James J. Bovenzi of the, ift Amarillo State of Texas its true andwultte:ney in and for the State of Texas for the following purposes, to grit: Tq si�nf t� `Mime as surety to. and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and all acts and thingis.set forth is the resolution of the Board of Directors of the said UNITED STATES FIDELITY AND GUARANTY COMPANY, a, cif ih ied copy of which is hereto annexed and made a part of this Power of Attorney; and the said UNITED STATES FIDELI t'YI *'Nb GUARANTY COMPANY, through us, its Board of Directors, hereby ratifies and confirms all and whatsoever the said James J. Bovenzi may lawfully do in the premises by virtue of these presents In Wisness Wharaof, the said UNITED STATES FIDELITY AND GUARANTY COMPANY has caused this instrument to be sealed with its corporate seal. duly attested by the signatures of its Vice -President and Assistant Secretary, this 8th day of August A. D 19 80 UNITED STATS FIDELITY AND GUARANTY CQMPANY. ( Signed) ............................ Tice-Prctidcht (sit) Signed) E. D. .kms wu Secretary. STATE OF MARYLAND. BALTIMORE CITY, ss. On this I8th day of August A. D. 19 80, before me personally came Robert E. DeNike , Vice -President of the UNITED STATES FIDELITY AND GUARANTY COMPANY and E. D. Bunce Assistant, Secretary of said Company, with both of whom I am personally acquainted, who being by me severally duly sworn, said that they, the said Robert E. DeNike and E. D., Bunce were _respectively the Vice -President and the Assistant Secretary :of the said, UNITED STATES FIDELITY" AND GUARANTY COMPANY, the corporation described in and which `executed the foregoing Power of Attorney; by order of the Board of Directors of said corporation and tha they signed their nam was corporate .seri, that it �raa that they each knew the seal of said corporation; that the I so fixed orderas and Assistant Secretary, respectively, of,the Company. : My commission expires the first "day. in July, "A..D. I..... ... (SEAL) (Signed) Ma at M Hurst .'� :............................................. otary Public. STATE OF MARYLAND AALTIMORE` CITY,5 ' William Allen , Clerit of the Snperlor Conn of Bahranore fifty, which Court Court of -sad hale s°aeal da �oere5y ice,, that F MB.T$`a2'Gt M Hli2'�t` . , whom.Yir� , affidavita�s ssxa:de�„Ad ldiqs thereW awbscibed =his arras, was at the tome of ao chins w Puli2ic of the t 'Stara ofs�aad. X ewommariomed.hand attzd.. bye 4tA► to atm estte setnov► !}*�►ry `i� ro, ybe� ire�eott%d 't�xda. � �urthar . acted w3tT* tha of die a�Fd " $' iElrly 1bekteve the {a�I'0"t''iQ zae`hia its } �, lia'Testimonr A°'hereoJ,,t hereto set asy.'haadaad si�'� seal of the Stperiot�Cotut of.Ealiimoe �itT, the same";.be:ag a��Conrt' of Record,'ehis 8th da> of 'August' ,''A. D. 19 0 i . ( SEAL)(Signed )' Villiam A1.len ............. .... ............. . Clerk of the Superior Court of Baltimore City. COPY :OF RESOLUTION Thi` B" hereaa, wis necessary fot the eeectuai'transaction of business that this Company appoint agentsand attorneys with power and authority to act,for.it'andin its name in States other tban Maryland. and in the Territories of the United States and in the;Provinces, of the Dominion.of Canada, and in the,Colony,of Newfoundland .Therejore,,be it�Resotced,:that-this Company ,do, and,it hereby does. Authorize and empower its President,or either'of. its Vice. Presidents'ip` conjunction with ita:Secretary or one of its Assistant Secretaries, under its corporate seal, to appoint any person `or, "persons as 'attorney or,attorneys•in-fact, or agent or agents 'of said Company, in its name and as its act, to execute and deliver any and' all con - tracts guaranteeing'the fidelity',of persona holding positions of public or private trust. guaranteeing the performances of contracts other than insurance policies and executing or guaranteeing bonds and undertakings, required or permitted in all actions or proceedings, or by law allowed, and .Also, in its name and as its attorney or attorneys-in-fact,.or agent or agents to execute and guarantee the conditions of any and all bonds, recognizances, obligations, stipulations, undertakings or anything in the nature of either of the same, which are or may by law. municipal or otherwise, or by any Statute of the United States or of any State or Territory of the United States or of the Provinces of the Dominion of Canada or of the Colony of Newfoundland, or by the rules, regulations, orders, customs, practice or discretion of any board, body, organization, office or officer, local, municipal or, otherwise, be allowed, required or permitted to be executed. made, taken, given, tendered, accepted, filed or recorded for the security or protection of,,by or for any person or, persons.. corporation, body, office, interest, municipality or other association or organization whatsoever, in any and all capacities whatsover, conditioned for the doing or not doing of anything or any conditions which may be provided for in any such bond, recognizance, obligation, stipulation, or undertaking, or anything in the nature of either of the same. I, Theodore G. Parks , an Assistant Secretary of the UNITED STATES FIDELITY AND GUARANTY COMPANY,. do hereby certify that the foregoing is a full, true and correct copy of the original power of attorney given by said Company to James J. Bovenzi of Amarillo Texas , authorizing and empowering him to sign bonds as therein set forth, which power oil attorney has never been revoked and is still in full force and effect. And I do further certify that said Power of Attorney was given in pursuance of a resolution adopted at a regular meeting of the Board of Directors of said Company, duly called and held at the office of the Company in the City of Baltimore, on the 11th day of July, 1910, at which meeting a quorum of the Board of Directors was present, and that the foregoing is a true and correct copy of said resolution, and the whole thereof as recorded in the minutes of said meeting. In 'Testimony Whereof, I have hereunto set my hand and the seal of the UNITED 'STATES FIDELITY AND GUARANTY COMPANY on SEPTEMBER. 27 '1982 ' (Date) ............................................. Secretary.... . v 2 w * k ; L 2 k Y