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HomeMy WebLinkAbout2010-026ORDINANCE NO. 2010-026 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF ECTOR STREET STORM DRAINAGE AND SANITARY SEWER IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 4439-AWARDED TO THE LOWEST RESPONSIBLE BIDDER MEETING SPECIFICATION, OMEGA CONTRACTING, INC., IN THE AMOUNT OF $619,882). WHEREAS, the City has solicited, received and tabulated competitive bids for the construction of public works or improvements in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or improvements described in the bid invitation, bid proposals and plans and specifications therein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The following competitive bids for the construction of public works or improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids: BID NUMBER CONTRACTOR AMOUNT 4439 Omega Contracting, Inc. $619,882 SECTION 2. The acceptance and approval of the above competitive bids shall not constitute a contract between the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, and insurance certificate after notification of the award of the bid. SECTION 3. The City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance; with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein. SECTION 4. Upon acceptance and approval of the above competitive bids and the execution of contracts for the public works and improvements as authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. n� PASSED AND APPROVED this the . — ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: Ij JUA-) APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: 3-OR D d 4439 day of J512010. CONTRACT AGREEMENT STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT, made and entered into this 2nd day of February A.D., 2010, by and between City of Denton of the County of Denton and State of Texas, acting through George C. Cann bell thereunto duly authorized so to do, hereinafter ten.-ned "OWNER," and Omega Contracting, Inc. 2518 Chalk Hill Road Dallas., Tx 75212 of the City of Dallas, County of Dallas and State of "CONTRACTOR." Texas , hereinafter termed WITNES SETH: 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 commences and complete performance of the work specified below; Bid 4439 -- Ector Street Storm. Drainage & Sanitary Sewer Improvements in the amount of $619,882 and all extra work in connection therewith, under the terms as stated in the General Conditions of the agreement; and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories* and services necessary to complete the work specified above, in accordance with the conditions and prices stated in the Proposal and the Performance and Payment Bonds, attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), and Instructions to Bidders, as referenced herein and on file in the office of the Purchasing Agent, and in accordance with all local, state and federal laws; and plans, which includes all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by: Uti.lily & CIP En ineerin all of which are referenced herein and made a part hereof and collectively evidence and constitute the entire contract. CA-1 Independent Status It is mutually understood and agreed by and between City and Contractor that Contractor is an independent contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas, for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, worker's compensation, or any other City employee benefit. City shall not have supervision and control of Contractor or any employee of Contractor, and it is expressly understood that Contractor shall perform the services hereunder according to the attached specifications at the general direction of the City Manager of the City of Denton, Texas, or his designee under this agreement. Indemnification Contractor covenants and agrees to and does hereby indemnify, hold harmless and defend, at its own expense, owner, its officers, servants and employees, from and against any and all claims or suits for property loss or damage and/or personal injury, including death, to any and all persons, of whatsoever kind or character, whether real or asserted, arising out of the Work and services to be performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or invitees, whether or not caused, in whole or in part, by the alleged negligence of the officers, servants, employees, of the Owner. Contractor likewise covenants and agrees to, and does hereby, indemnify and hold harmless owner during the performance of any of the terms and conditions of this Contract, whether arising out of in whole or in part, any and all alleged acts or omissions of officers, servants, or employees of Owner. The provisions of this paragraph are solely for the benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other person or entity. Choice of Law and Venue This agreement shall be governed by the law of the State of Texas and venue for its construction and enforcement shall lie in the courts of Denton County, Texas. The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in written notice to commence work and complete all work within the time stated in the Proposal, subject to such extensions of time as are provided by the General and Special Conditions. The OWNER agrees to pay the CONTRACTOR in current fiends the price or prices shown in the Proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the Contract. CA-2 Right to Audit The OWNER shall have the right to audit and make copies of the books, records and computations pertaining to this agreement. The CONTRACTOR shall retain such books, records, documents and other evidence pertaining to this agreement during the contract period and five years thereafter, except if an audit is in progress or audit findings are yet unresolved, in which case records shall be kept until all audit tasks are completed and resolved. These books, records, documents and other evidence shall be available, within 10 business days of written request. Further, the CONTRACTOR shall also require all Subcontractors, material suppliers, and other payees to retain all books; records, documents and other evidence pertaining to this agreement, and to allow the OWNER similar access to those documents. All books and records will be made available within a 50 mile . radius of the City of Denton. The cost of the audit Will be borne by the OWNER unless the audit reveals an overpayment of 1 % or greater. If an overpayment of 1 % or greater occurs, the reasonable cost of the audit, including any travel costs, must be borne by the CONTRACTOR which must be payable within five business days of receipt of an invoice. Failure to comply with the provisions of this section shall be a material breach of this contract and shall constitute, in the OWNER'S sole discretion, grounds for termination thereof, Each of the terms "boobs" "records" "documents" and "other evidence" as used above shall be construed to include drafts and electronic files, even if such drafts or electronic files are subsequently used to generate or prepare a final printed document. IV�W� IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. ATTEST: zml " �2_ddv ll�� C4&"f ATTEST: APPROVED AS To FORM: A BURGESS, ATTORNEY CA-4 City of Denton OWNE BY; (SEAL) ... ....... . MAILING- ADDRESS 1/- 9 W - 3el-v PHONE NUMBER ,2 14e.- 4w. awR. - FAX NUMBER BY: VXCdE P r.� TITLE //�ke,e PRINTED NAME (SEAL) Bond Number 022:--029-.55 PERFQIA1\10E BOND STATE OF TEXAS COUNTY OF DENTON § I<!\TOW ALL MEN BY THESE PRESENTS: That Omega Contracting., IncV00<010se address is 2518 Chalk Hill Road Dallas TX 75212 hereinafter called Principal, and Li-berty Mutual Insurance Com. an . a corporation organized and existing under the 000, laws of the State of massachusetts , 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 udder the laws of the State of Texas, hereinafter called. Owner, in Pe penal suns of Six Hui dyed Nineteen Thousand Eight Hundred Eight), Two and Qr100 DOLLARS ($619,88 talus 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 laNvfal money of the United States, to be paid in Denton County, Texas, for the payment of which sum well and truly to be nnade, we hereby bind ourselves, our heirs, executors, administrators, successors, and assigns, Jointly and severally, firmly by these presents, This Bond shall automatically be increased by the amount of any Change order or Supplemental Agreement, which increases the Contract price, but in no event shall a. Change order or Supplemental Agreement, which reduces the Contract price, decrease the penal sum of this Bond. THE OBLIGATION To PAY SAME is conditioned as follows: Wherea , the Principal entered into a certain Contract, identified by Ordinance N naber 2010--026, Frith the City of Denton, the Owner, dated the 2nd of Fe ruary A.D. 2010, or Bid #4439 -- Ector Street Drainage and S anitar S ewer Inn rovennents . NOW, THEREFORE, if the Principal shall well, truly and faitlzft� ll�r 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 udder this Contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terns, conditions and agreements of any and all duly authorized modifications of said. Contract that may hereafter be made, notice of which modifications to the Surety being Hereby waived; and, if the Principal shall repair and/or replace all defects due to faulty materials and worlQ-nanshnip that appear �vithnin a period. of two (2) years from the date of final completion and final acceptance of the work by the Owner; and if the Principal shall fully indenmif_y and sage harmless the Owner from all costs and dainiages which Owner may stiffer by reason of failure to so perform herein and shall fully reimburse and repay O�vner all outlay and expense which the Owner may incur in making good an), default or def i cieiacy, then this obligation shall be void; otherwise, it shall rennaixn in full force and effect.. PB - l PROVIDED FCTRTHER, that if an), legal action be filed upon this Bond eN c• usive N7ehtwe shall lie in Denton County, State of Texas. AND PROVIDED FURTHER, that the said Surety, for value, received, hereb3l stipulates and agrees that no change, extension of tinhe, alteration or addition to the terms of the Contract, or to the )Arork to be Perfornhed thereunder, or to the Plans, Specifications, Dra��7rngs, ete., a.cconhpanyi hg the same, shall i-n- anywise affect its obligation on this Bond, and if does hereby waive notice of any such change, extension of finie, alteration or addition to the. terns of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc. This B ohd is giv-en pursuant to the proiri sions of Chapter 2253 of the Texas Governhnhent Code, as amended, and any other applicable statutes of the State of Texas. The undersigned and designated agent is Thereby designated by the Surety herein as the Resident Agent in Denton County to whom an), requisite notices may be delivered wid on whonh service of process may be had in matters arising out of such suretyship, as prmlided by Article 7.19--1 of the Insurance Code, Vernon's Auhotated Civil Statutes of the State of Texas. IN WITNESS WHEREOF, this instrument is executed in four co�ie , each one of which shall be deemed an original, thus thel2th day of February, 201 ATTEST: P RINC IP AL Y. 4, SECRETAY ATTEST: BY: Carol E. Hock Qnnega Co 0 l.J Rli I 1 ool� Liberty Mutual Insurance Company Inc. BY: ATTORNEY -IN -FACT Robert K. Overb ey , Jr The Resident Agent of the Surety in Denton County, Texas for delivery of notice and ser�lice of the process is: NAME: Bill. Baldwin STREET ADDRESS : 1201 Kas Street, ' Suite B, Richardson TX 75081 010TE: Date ofP0.167"171aiw B077d must be date of CoW7-act. If Residew Agei7,t is )wl a col jj01w1i077, give O pe7s071 fS 770777e.) PB - 2 Bond Number 022- 029--155 PAYMENT BOND: STATE of TEXAS COUNTY OF DENTON � KNO)AI ALL MEN BY THESE PRESENTS: That Omega Contracting,Inc., whose address is 2518 Chalk Dill Road Dallas, TX 77212 hereinafter called Principal, and Li-berty Kutual Insurances oTrm1 oration orgahized a -id existing wider the lacers of the State of Yjas s achus et t eaid. fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a municipal colj)ora.tion organized and existing under the laws of the State of Texas, hereill after called Owner, and unto all persons, firms, and corporations who may furnish materials for, or perform labor upon, the building or irhhpro�ren�eats hereinafter referred , uz the penal Bunn of ix Hundred Ni_tleteerh Thousand Eight Hundred Eight), Two and 01100 oLLARS ($619,88 in laNvful nhoney of the United States, to be paid in Denton, County, Texas, for the payment of which sum well and truly to be made, �,�Te hereby bind ourselves, our heirs, executors, administrators, successors, and assigns, Jointly and se�lerally, firmly by these presents. This Bond shall automatically be increased by the annount 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 oftlhis Bond. THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas the Principal entered into a certain Contract, iden-tifred by Ordinance Numbereor l 0-0 6tl the Cit�r of Denton, the Owner dated the ? nd day of F bruary A.D. 2010, Bid #443 9 Ector Street Drama e Sanitary S e -er lnh rove rents . NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties and_ make prompt payn-ient to all persons, firms, subcontractors, corporations and claimants supplying labor and/or material in the prosecution of the work provided for in said Contract and any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby expressly waived, then this obligation shall be void; otherwise it shall remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive venue shall lie in Denton County. Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the �A/ork 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 terns of the Contract, or to the 1ATork to be performed thereunder, or to the Plans, Specifications, Drawings, etc, PB-3 This Bold is given pursuant to the provisions of Chapter 2253 of the Texas C-oNleriu-z1eni 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 D cn ton CouDt)r to Whom any requisite notices may he delivered and on whom service of process ma), be, had hi matters arising out of sti ch surety, as provided by Article, 7.19 -1 of the Insurance Code, Vernon's Almotaled Civil Statutes of the State of Texas. IN '\NTITNESS V/HEREOF, tl-iis iiZstru.mcl3.t is executed in four 70S. cacti one of which shall he dee zzed a 7 original, this theh day of Februau , 2010 ATTEST: PRINCIPAL 44 BY: SECRETARY ATTEST: Carol E. Rock SURET Liberty Mutual Insuranc Company, BY. ATTORNEY -IN -FA Crl Robert K. Ove rb ey , Jr. The Resident Agent of the Surety in Denton Comity, Texas for d.ehiv ery of notice and service of the process is: NAME: Bill Baldwin STREET ADDRESS: 1201 Kas Street suite B. Richardson TX 7,5081 (ATOTE: Date of Pa)�77ie77t B071d 7372lst be cute of C0770•act. �f Resident Agent is not o coJ-Poi{atioj7, giw a Person. Is wwie. j PB — 4 2631298 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. LIBERTY MUTUAL INSURANCE COMPANY BOSTON, MASSACHUSETTS POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PR SENTS: That Liberty Mutual Insurance Compan (the "Company"), a Massachusetts stock insurance company, pursuant to and by authority o e By-law and Authorization hereinafter set forth, does hereby name, constitute and appoint ROBERT Mn OVER BEY, JIB. AROL. E �'HOCK, SUZONNE' LAWRENCE - ALL _OF_ THE CITY OF HOUSTON, STATE OFTEXASne.e.rrraaaraaama.amrwirMr-a0IiaWERVarrarrrm#safoxow4woor-iWoukingo'sm-trYiioarrsumeaMEtsir'ponmoose err:.aiamilAn riirp0awlsiirrirsansamarsaMao man Ong SON rrramass rrarran man Rea rro a■man ■ne■am 2nonage ■ plus ■emnsnm■n an OR REAMER a araranR Rots a misname Rousso gangs Nano ores remote on ae atir rs"rears sa6rrirrsa ens r ME DNA sae ■ Sam mono am■Mosinee a no as Ramma rrsrr rsmrr rsmrrrrsrs+er nrrrrrsa■ each individually if there be more _than one named, Its truo-.'and lawful attorney -gin -fact to:.make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any. _and all undeOaking , bonds, recognizances:-and other sure obligations i penal sum not exceeding TWENTY FIVE MILLION AND 01.1��*.*,- ************ * `*' D LLARS 25 -0DU-00D.00****�`: each, and the O .(s } a , execution of such undertakings, bands, recognizances end.:other surety obligations, in--pursuance-;of--these presents, -:-shall be as binding upon the Company as If they had been duly signed ay, -the president' nd attested by the 'secr'etary -of--tho- Company, in their own proper persons. That this power is made and executed -pursuant to and by authority Of, the-f6llowing By- laWv..and Authorizatiop: ARTICLE Xlll - Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their o signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be zL as binding as if signed by the president and attested by the secretary. ve Sad (D By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys -in -fact: Pursuant to Article XIII, Section 5 of the By -Laws, Garnet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, is hereby son � authorized to appoint such attorneys -in -fact as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and vZtM deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. (D (D That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. '0 IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of > Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this 26th day of Au ust , 2009 .110 r� 0 i LIBERTY MUTUAL INSURANCE COMPANY rti IL sit°; y "'a'' }y " Garnet W. Elliott, Assistant Secretary COMMONWEALTH OF PENNSYLVANIA ss a* COUNTY OF MONTGOMERY t On this 26th day of , Au lust 2699 , before me, a Notary Public, personally came Garnet W. Elliott, to me known, and acknowledged o that he is an Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seal of said corporation; and that he executed the above (Di Power of Attorney and affixed the corporate seal of Liberty Mutual insurance Company thereto with the authority and at the direction of said corporation. LEE 1N TESTIMONY WH unto subscribed my name and affixed my notarial seal at Plymouth :Meeting, Pennsylvania, on the day and year L) first above written. � - WMWN > (Da �...�...... ' seas - p LMC: Plymouth TWO-'; Montgomery County By Z L] My Conwilss�i) _-� pitas March 28, 2013 ..... ....... _... a , Notary Tyr s 1'astella P�iblic: CERTIFICATE - -- - I, the undersigned, Assistan ' ecretary`-6f Liberty Mutual Insu,rarise Company; .do=hereby: pertlfy that.'-th®.'original power -of attorney of which the foregoing is a full, true and correct copy, is In fuit force. and effect on the,.date.-,of -this -qertificate; and'.I_-da further certify_tha .th-,officer or official who executed the said power of attorney is an Assistant Secretary specially authorised by-f -he'.- se chairman or the president -to appoint -attorneys-in-fact as provided in Article XIII, Section 5 of the Bylaws of Liberty Mutual Insurance Company. This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a certified copy of any power of attorney issued by the company in connection with surety bonds, shall be valid and binding upon the company with the same force and effect as though manually affixed. I T STIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said company, this' day of �r ,n Al By r td it f% d�tr:,4ia David M. Carey, Ass nit Secretary c� err/ MONSo u Im-- >.,Cn OW Imo o CE MOIN a GS � o E a� C) now �o 04 co E1 �04 .oar. �y oCO 0 T- oW le— r Y ' � . ertyT -Ut t r ti le fmportantr kotf'oe- TO OBTAIh! INFORMATION ABOUT THIS BAND OR TO MAKE A COMPLAINT: You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: _ 800,-25-3439 You may write the Texas department of Insurance at: P. o. Box 149104 Austin, Tx 78714-9104 Your notice of claim against the attached bond may be given to the Surety Company that issued the bond by sending it to the following address: Liberty Mutual Surety Interchange Corporate Center 450 Plymouth Road, Suite 400 Plymouth Meeting, PA 19452-8284 You may contact the claim office by telephone at: 610-832 -8248 Premium or Clain Disputes If you have a dispute concerning a premium, you should contact the agent first. If you have a dispute concerning a claim, you should contact the company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. This notice is for information purposes only and does not become a part of or a condition of the attached document. It is given to comply with Section 2253.043, Government code, and Section 53.202, Property Cade, Effective September 1, 2001 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 disqualifted 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 hid opening, since the insurance requirements may not be modified or waived after bid opening- unless a written exception has been submitted with the bid Contractor shall not commence any work or deliver any material until he or she receives notification that the contract has been 'accepted, approved, and signed by the City of Denton. All insurance policies proposed or obtained in satisfaction of these requirements shall comply with the following general speci ications, and shall be maintained in compliance with these general specifications throughout the duration of the Contract, or longer, if so noted - Each • Each policy shall be issued by a company authorized to do business in the State of Texas with an A.M. Best Company rating of at least A. Any deductibles or self -insured retentions shall be declared in the bid proposal. If requested by the City, the insurer shall reduce or eliminate such deductibles or self -insured retentions with respect to the City, its officials, agents, employees and volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. © Liability policies shall be endorsed to provide the following: ■ Name as additional insured the City of Denton, its officials, Agents, Employees and volunteers. • That such insurance is primary to any other insurance available to the additional insured with respect to claims covered under the policy and that this insurance applies separately to each insured against whom claim is made or suit is brought. The inclusion of more than one insured shall not operate to increase the insurer's limit of liability. • Cancellation: The City requires 30 day written notice should any of the policies described on the certificate he cancelled or materially changed he, fore the expiration slate. ■ Should any of the required insurance be provided under a claims -made form, Contractor shall maintain such coverage continuously throughout the term of this contract and, without lapse, for a period of three years beyond the contract expiration, such that occurrences arising during the contract term which give rise to claims made after expiration of the contract shall be covered. • Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit providing for claims investigation or legal defense costs to be included in the general annual aggregate limit, the Contractor shall either double the occurrence limits or obtain Owners and Contractors Protective Liability Insurance. • Should any required insurance lapse during the contract term, requests for payments originating after such lapse shall not be processed until the City receives satisfactory evidence of reinstated coverage as required by this contract, 4. effective as of the lapse date. If insurance is not reinstated, City may, at its sole option, termionate this agreement effective on the date of the lapse. CI - 10 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 he maintained in compliance with these additional specifications throughout the duration of the Contract, or longer, if so noted. [XI A. General Liability Insurance: General Liability insurance with combined single limits of not less than $1000-00.00 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 CTL 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 resulting from explosion, collapse or underground (XCU) exposures. ■ Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability. [X] Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than $500,000.00 either in a single policy or in a combination of basic and umbrella or excess policies. The policy will include bodily injury and property damage liability arising out of the operation, maintenance and use of all automobiles and mobile equipment used in conjunction with this contract. Satisfaction of the above requirement shall be in the form of a policy endorsement for: any auto, or ® all owned, hired and non -owned autos. CI - 11 [XI Workers Compensation Insurance Contractor shall purchase and maintain worker's Compensation insurance which, in addition to meeting the minimum statutory requirements for issuance of such insurance, has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 policy limit for occupational disease. The City need not be named as an "Additional Insured" but the insurer shall agree to waive all rights of subrogation against the City, its officials, agents, employees and volunteers for any work performed for the City by the Named Insured. For building or construction projects, the Contractor shall comply with the provisions of Attachment 1 in accordance with §406.096 of the Texas Labor Code and rule 28TAC 110.110 of the Texas worker's Compensation Commission (TWCC). [ ] Owner's and Contractor's Protective Liability Insurance The Contractor shall obtain, pay for and maintain at all times during the prosecution of the work under this contract, an owner's and Contractor's Protective Liability insurance policy naming the City as insured for property damage and bodily injury which may arise in the prosecution of the work or Contractor's operations under this contract. Coverage shall be on an "occurrence" basis, and the policy shall be issued by the same insurance company that carries the Contractor's liability insurance. Policy limits will be at least combined bodily injury and property darnage 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 "blanket" basis to cover all employees, including new hires. This type insurance should be required if the contractor has access to City funds. Limits of not less than each occurrence are required. [ ] Additional Insurance Other insurance may be required on an individual basis for extra hazardous contracts and specific service agreements. If such additional insurance is required for a specific contract, that requirement will be described in the "Specific Conditions" of the contract specifications. CI - 13 1XI ATTACHMENT 1 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'slperson's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in §406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner -operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any overage agreements, which meets the statutory requirements of ' Texas Labor Code, Section 401.011 (44) for all employees of the Contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: 1 ) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and 2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I. The contractor shall contractually require each person withwhom it contracts to provide services on a project, to: 1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401,011 (44) for all of its employees providing services on the project, for the duration of the project; 2] provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the proj ect; 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 certificate of coverage ends during the duration of the project; 4) obtain from each other person with whore it contracts, and provide to the contractor-, a) certificate of coverage, prior to the other person beginning work on the project; and b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; CI - 15 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 pro j e ct; 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 whorl they are providing services. J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self - insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The contractor's failure to comply with any of the 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. CI - 16 CONFLICT of INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 1491, Both Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with chapter 176 of the Local Government Code by a Date Received person doing business with the governmental entity. By law this questionnaire must be filed with the records administrator of the local government not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government Code. A person commits an offense if the person violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor. 'l Name of person who has a business relationship with local governmental entity. 1.21 ❑ Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate fling authority not later than the Vh business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) 3 Name of local government officer with whom filer has an employment or business relationship. Name of Officer This section, (item 3 including subparts A, B, C & D), must be completed for each officer with whom the filer has an employment or other business relationship as defined by Section 170.001(1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the filer of the questionnaire? 0 Yes 0 No B. Is the filer of the questionnaire receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? 0 Yes No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership of 10 percent or more? 0 Yes 0 No D. Describe each affiliation or business relationship. 4 Signature of person doing business with the governmental entity Date Adopted 06/29/2007 CIS - 1 Project Name: Ector Street Drainage and Sanitary Sewer Improvements Work Days Bid No. P.D. No. 70 4439 BASE BID TABULATION SHEET Item Description Quantity Unit Unit Price, Total $ . C ) 1103.1 Contractor's Warranties and Understandings I LS 3 � o Unit Price In Words cA..� 'H r Y 1 D?,19.3 Trench Safe System 300 ILI $ . TO Unit Price In Words' 0,� IC t�IU �L A r LA 114 f,a-` �- � �r .'_ ' f S 201 Tem ora Erosion Control I IM Unit Price In Words -TW A E e 'rl-Vow S, ►-► Z�i *A%,� u *C'- L A 202.5 iSodding2,000 SY � $ ' , c :.-, c. - Unit Price In Words 203.3 General Site Preparation I LS f�; �`6C) - Unit Price In Words 519 f, lzt�,L 203.3 Remove Curb and Gutter 385 LF Z'S Unit Price In Words re v rz. Z.) 0):.-4. A rz S 305.1 Concrete Curb and Gutter 385 LF Unit Price In Words !) e-, ki irc�a- k4 fNw. t rd i-z- S 504.5 16" Concrete Cap 75 LF Unit Price In Words l"-J 3 rJ C `r iCiE1,J bt.� i-A4�> 508.3 118" Reinforced Concrete Storm Sewer Pipe Class 111 553 LF -SC , C, 0 Unit Price In Words i r iZ-rY , c- LL ,r ZS 508.3 18" Reinforced Concrete Storm Sewer Pipe Class IV 94 LF � ': ► $ j J � _ Unit Price In Words ` 0 4 , rz- 4-t r-A 508.3 24" Reinforced Concrete Storm Sewer Pipe Class 111 848 LFi Unit Price In Words ' 7 /4 11-.-" ? .S k v C jJ 't%,) r:::.L A 508.3 24" Reinforced Concrete Storrn Sewer Pipe Class IV 244 LF i 7. $ ` �: .. Unit Price In Words 'r l-# qL T y S f v f o 508.3 142" Reinforced Concrete Storm Sewer Pipe Class III 1 535 LF Unit Price In Words IJ i P4 &—r) IF"Riz Of tp 4.�- ► S 508.3 148" Reinforced Concrete Storm Sewer Pipe Class 111 156I LF ! Pu $ is Joc— Unit Price In Words 508.3 Cut and Plug Concrete Pipes 4 EA 5 v:} $ . 0C-� � Unit Price In Words 6 '774 A R► 4 Ft v iE azj�,i rasLir 702 Junction Box 4'x 4' 3 EA 41 ' $ 7j Z . Unit Price In Words -1-14 5Lk t4 -6 fro' � it 14 u ri b iz a7�) 1A Q S P-3 Attachment 'I-AD1 Project Name; Ector Street Drainage and Sanitary Sewer Improvements Work Days Bid No. P.O. No. BASE BID TOTAL: 70 4439 P-4 Attachment I-AD1 Days Project Name; Ector Street Drainage and Sanitary SeNver Improvements Workkid No. p.0. No. ADDITIVE ALTERNATE TABULATION SHEET 60 4439 P-5 Project Name: Ector Street Drainage and Sanitary Sewer Improvements Work Days Bid No, P.O. No. ADDITIVE ALTERNATE TABULATION SHEET 50 4439 P-B TOTAL PRICE IN WORDS BASE BID: TOTAL PRICE IN WORDS ADDITIVE ALTERNATE BID: EN C, -1-1-11 a. . TOTAL PRICE IN WORDS TOTAL BID: The Cityof Denton reserves the right to award the contract to the responsive low bidder of .. . the Base Bid. The City may or may not choose to incorporate the additive alternate items listed in the proposal. In the event of the award of a contract to the undersigned, the undersigned will furnish a performance bond and a payment bond for the full amount of the contract, to secure proper compliance with the terms and provisions of the contract, to insure and guarantee the ,work until final camp letion ' and acceptance, and to guarantee payment for all lawful claims for labor performed and materials furnished in the fulfillment of the contract. It is understood that the work proposed to be done shall be accepted, when fully completed and finished in accordance with the ' plans and specifications, to the satisfaction of the Engineer. The undersigned certifies that the bid prices contained in this proposal have been carefully checked and are submitted as correct and final. Unit and lwnp sum prices as shown for each item listed in this proposal shall control over extensions. The undersigned agrees this bid becomes the property of the City of Denton after the official opening. The undersigned affirms that they are duly authorized to execute this contract. W"A Vendor hereby assigns to purchaser any and all claims for overcharges associated with this contract which arise under the antitrust laws of the United States, 15 USCA Section 1 et seq., and which arise under the antitrust laws of the State of Texas, Tex. Bus. & Com. Code, Section 15.01, et sew. P - 8 Receipt is hereby acknowledged ed of the following addenda to the plans and specifications: g Addendum No. 1 dated Received Addendum No'. 2 dated Received Addendum No. 3 dated Received Addendum No. 4 dated Received Addendum No. 5 dated Received Street Address City and State Seal &Authorization (If a Corporation) Telephone VENDOR COMPLIANCE TO STATE LAW. The 1985 Session of the Texas Legislature passed Mouse Bill 620 relative to -the , award of contracts to non-resident bidders. Thus law provides that, in order to be awarded a contract { as low bidder non-resident bidders(out-of-state contractors whose corporate offices or nprincipal al place of business are outside of the State of Texas) bid projects for construction, improvements, supplies or services Mn Texas at an amount lower than the lowest Texas p p • resident bidder by the same amount that a Texas resident bidder would be required to underbid a non-resident bidder In order to obtain a comparable contract in the state in which the non-resident's p lace of business is located. The appropriate blanks in Section principal A below must be filled out by all out -of state or nonresident bidders in order for your bid to meet specifications. The failure of out-of-state or non-resident contractors to do so will automatically disqualify that bidder. Resident bidders must check the blank in Section B. A. Non --resident bidders in (give state), our principal place of business, are required to be percent lower than resident bidders by state law. A copy of the statute is attached. Non --resident bidders *n (give state), our principal place of business, are not required to underbid resident bidders. B. our principal place of business or corporate offices are in the State of Texas: c Co BY Street Address Z2'2z�Z�Tlrz Z2� City and State THIS FORM MUST BE RETURNED WITH YOUR BID. P -lO Purchasing [department 901-B Texas St. Denton, Tx 76209 (940) 349-7104 www.dentonpurchasing.com ADDENDUM # 1 December 14,2009 Ector Street Drainage and Sanitary Sewer Improvements BIDS DUE: December 17,'2009 2800 PM Bid submitted by: Company Name Did# 4439 -- ADDENDUM # .1 Addendum # 1 to be returned with Bid Proposal The following are changes to the bid specifications: SEE ATTACHED SHEETS: NO OTHER CHANGES AT THIS TIME. This form shall he signed and returned with your hid. Name: ►Signature: Company: Title: Date: ADDENDUM NO, 1 TO PLAINS, SPECIFICATIONS AND CONTRACT DOCUMENTS FOR CITY OF DENTON, TEXAS ECTOR STREET DRAINAGE AND SANITARY SEWER IMPROVEMENTS BID No. 4439 Issue Date: December 14, 2009 TO: PROSPECTIVE BIDDERS AND PLANT HOLDERS The Plans Specifications and Contract. Documents shall be modified as required by the following items: Item 1--1 UTILITY CONSTRUCTION SPECIFICATIONS: Section 507.5.2, Televised Inspection: 1. Part 1.01: The wording in .this part which states "... of all new sanitary and storm sewer lines..." is hereby changed -to read "...of all new sanitary and storm sewer lines and sanitary sewer services..:" All other portions of this part shall remain unchanged. 2. Part 1.02: Related Sections: Add the following: "502.10.4 — Sanitary Sewer Services" 3. Part 1.03 : The wordingin this part which states "... of sanitary and storm sewer shall be.. . " is hereby changed to read "...of sanitary and storm sewer and sanitary severer services shall be included in the price of the new sanitary and storm sewer pipe and sanitary sewer service installed.' All other portions of this part shall remain unchanged. 4. Part 3.01: The wording in this part which states `The Contractor is responsible for making sure that the line..." is hereby changed to read "The Contractor is responsible for making sure that the line and services..." The wording in this part which states "If the Video shows debris or evidence that the line....." is herby changed to read "If the video shows debris or evidence that the line or services ...." All other portion of this part shall remain unchanged. 5. Part 3.06 D.9: Add the following: "9. The Camera must stop at each RCP joint and pan and tilt 360 degrees around the joint." Item 1--2 PLANS: Corer page. Add the following to the Sheet Index: Sheet# 18 TXDOT TCP (1-4)-98" Addendum 1 — Page I PLANS: Sheet 3: Phase 1 Traffic Control Plan. Add the following note: "For the construction of the TxDOT Type C. Inlet with 1 Extension on US 380 1 University Drive, please see Sheet 18: TXD OT TCP (1-4)-98." . PLANS: Add Sheet 18 in its entirety. See Sheet 18 attached Sheet## 18 TxDOT TCP (1-4)-980 All items in conflict with this addendum are hereby deleted. THIS ADDENDUM IS MADE PART OF THE PLANS, SPECIFICATIONS AND CONTRACT DOCUMENTS AND SHALL BE ACKNOWLEDGED ON THE PROPOSAL. City of Denton, Texas OF .bar • r r r r r i r• i►+ r l i i+•. • NOREEN M. HOLISEWRIGHT �•ia•i•+•r•i•••i■■ir••s 94561.00 %*�' r� 07• Noreen M. Housewright, P.E. City of Denton, Texas 01.0 ;• ••• �� s +••..+•+ 10''"' 0,5000 4,66600 r'+.•■tip+" 9667rip r Rebecca P. Guthrie, P.E. Addendum 1--- Page 2 9 p Nil7 °� L = t4 W . +- = 0+ L">} D _ ..}- LD C C W t ....� . C7 W. 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W 00 #-- o inV _ ©coi uj co --- w v I Jw N =ww 'I' �d �x n U UCO LOQG �x Cam= N. 1 v �J� Nz Lr .d U CO V v a D _ Cert ID 23713 ACORD S, DATE (MMIDDI LIABILI.TY INSUR NCEPRaDucER2 HUB 23 2010 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Intl Rigg -. Ft . Worth ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 77 7 Main st r suite 5Q HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Fort Worth TX 76102 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. (817) 820-8100 (817) 870-0310 INSURERS AFFORDING COVERAGE NAIC # INSURED Omaga contractsng ► znc. INSURER A: Ameri sure Mutual, Insurance Ca , 23396 INSURER B: I12inois National. Insurance Co 23817 251.8 Chalk Hill Road Dallas TX 75212 INSURER C: Ameri sure Insurance company INSURER D: COVERAGES INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TOTHE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHST ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUEDOOR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT R TO ALL THE TERMS, EXCLUSIONS AND COND POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, ITlONS OF SUCH INSR DD' L POLICY NUMBER. POJCY EFF1MMIECTIVE POLICY E?CPII TION_DA GENERAL LIABILI LIMITS B �'CI: COMMERCIAL GENERAL LIABILITY CPP2028261054 EACH OCCURRENCE $ 1 r❑ 00 00 0 9/1r2009 1 201 CLAIMS MADE lil OCCU BLHT ADD' PR ME ISE Ea occurence $ 501000 L INSURED MED EXP (Anyone person) $ 51000 X BLKT WAIVER OF s>LlP4 PERSONAL & ADV INJURY $ 1, Oat] r 000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2, 000, 000 PRO LOC POLICY X ECT PRODUCTS - COMP/OP AGG $ 2 r D00 , 00U AUTOMOBILE LIABILITY C X X ANY AUTO CA201913406 � COMBINED SINGLE LIMIT 9 j1/2009 9/1./2010 (En eocident) $ ALL OWNED AUTOS 10 000 r 000 SCHEDULED AUTOS BODILY INJURY $ (Per person) HIRED AUTOS NON -OWNED AUTOS BODILY INJURY $ (Par acci dent) X BLiRT ADD " L IWSURED PROPERTY DAMAGE $ (Per accident GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY: AGG EXCESSIUMBRELLA LIABILITY B X X OCCUR CLAIMS MADE BE7227385 EACH OCCURRENCE $ is, 0000 000 9r1 /2009 1 9 , l 2020 AGGREGATE $ 15 r 000 r 000 DEDUCTIBLE $ x RETENTION $ 8 WORKERS COMPENSATION AND EMkoYERS'LIABILITY WC20129260 $ /1�2p09 -9/1/203,Q 11YCSTATU OTH- AN? PRO PRIETORIPARTNER/EXECUTIVE BLOT WARIER OF SUB B. OFrICERIMEMBER EXCLUDED? E.L, ItACI-I ACCIDENT $ 1, 00 Q , Q Q [] It Yes describe under SPECIAL. PROVISIONS bslow E.L. DISEASE - EA EMPLOYE $ 11 00 0 r o 0 0 B OTHER CONTRACTORS EQUIP 2M241913'T[]6 E.L. i ISEASE POLICY LIMIT $ ,r 000 r ❑O0 9 f 1/24Q9 9 f 1/2 {114 LEiSBD/R=TED EQUIPMENT ALL RI3t_ COVERAGE 10d, 00❑/154, a0{} MAX DESCRIP`ht N OF OPERATIONS J LOCATIONS l VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT ! SPECIZ PROVISIO NS � Protect Info: OMega#03-10_ 0003-.Ector Drive � i � Qf 1�e xtanr its Officials, agents, employees as respects liability policies described herejn contract" and luuteers are included as �a additional insured iver of Subrogation limos a asional pP reclu3re b Y CERTIFICATE HOLDER I Aori^ ►i City of Denton Purchasing Department 901-B Texas Street Dolton TIC 76209 ACOR D 26 (200 1 /6B) wr-eexv��ir�'► f ��11f SHOULD ANY OF THE ABOVE DESCRIBED POI? ICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 AYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE To Da SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR I' RI=PRESENTATIVES, AUTHORIZED REPRESENTATIVE @) ACORD CORPORATION 19 8 Page I of 2 2 /23 /2010 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies muse endorse t � t bd. A statement on this certificate does not confer rig s to the certificate holder in Iieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the olio cent require an endorsement. A statement an this certificate Policy, certain policies may at does not confer rights to the certificate holder in lieu of such endorsements). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a c the Issuing insureriis)i authorized representative or contract between p producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded b the policies Y p listed thereon. AGGRO 25 (2001/08) Page 2 of 2