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HomeMy WebLinkAbout2002-133ORDINANCE NO. a 0a?-AJ AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL PUBLIC WORKS CONTRACT FOR THE ACQUISITION OF STREET AND DRAINAGE CONSTRUCTION PROJECTS AND MICRO SURFACING OF COLLECTOR OR ARTERIAL STREETS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 2823- ANNUAL CONTRACTS FOR ASPHALT AND CONCRETE STREET CONSTRUCTION, ULTRA FLOW AND RCP PIPE, BOX CULVERTS FOR STORM SEWERS AND MICRO SURFACING, AWARDED AS LISTED IN EXHIBIT A OF THE ORDINANCE). WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of STATE law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefore; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the 'Bid Proposals" on file in the office of the City Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items: BID ITEM NUMBER NO 2823 Concrete Street Section 2823 Asphalt Street Section 2823 Micro Surfacing of Asphalt Streets Section VENDOR AMOUNT Jagoe Public Co. Exhibit A Jagoe Public Co. Exhibit A Viking Construction, Inc. Exhibit A SECTION 2. That by the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. SECTION 3. That should the City and persons submitting approved and accepted items and of the submitted bids wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto; provided that the written contract is in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents herein approved and accepted. SECTION 4. That by the acceptance and approval of the above numbered items of the submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein. SECTION 5. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this /' &#day of , 2002. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY M. APPROVED AS TO LEGAL FORM: HERBERT L. PRQTY, CITY ATTORNEY BY: 3-ORD-BID 2823 Ann Con ct f sphalt & Concrete Sections EXHIBIT A BID 2823 ANNUAL CONTRACT FOR ASPHALT & CONCRETE STREET SECTIONS ITEM DESCRIPTION OTY UNIT VENDOR JAGOE PUBLI C Principal Place of Business DENTON, TX 1 CONCRETE STREET SECTIONS IA 24'STREET 6"THICK 2000 SY $ 43.65 IS 24'STREET 6'THICK 4500 SY $ 26.80 2A 31-STREET 6"THICK 2000 SY $ 52.00 2B 31-STREET 6"THICK 4500 SY $ 32.00 3A 34'STREET 6"THICK 2000 SY $ 51.90 3B 34' STEET 6" THICK 4500 SY $ 32.10 4A 4VSTREET 7"THICK 2000 SY $ 55.00 Q 41'STREET 7"THICK 4500 SY $ 34.00 5A 45' STREET 7" THICK 2000 SY $ 55.00 513 45' STREET T' THICK 4500 SY $ 34.00 6A 1124 LANE DIVIDED 25' BID S'THICK 2000 SY $ 50.00 6B 1/24 LANE DIVIDED 25- BIB 8'THICK 4500 SY $ 34.00 7 INTEGRAL CONCRETE CURB WITH FIBERS 1005 LF $ 10.00 8 15"CONCRETE EDGE RESTAINT for ESTATE ROADS 1005 LF $ 12.00 9 6" CONCRETE DRIVEWAY WITH FIBERS 505 SY $ 36.00 10 4" CONCRETE SIDEWALK WITH FIBERS 505 SY $ 33.00 11 10'DRAINAGE INLET-10' TRANSITION TO CURB UPSTEAM AND 5' DOWNSTREAM, 0'-6' Depth 25 EA $ 2,500.00 12 15' DRAINAGE INLET- 10' TRANSITION UPSTEAM AND S' TRANSITION TO CURB DOWNSTREAM 0'-6' Depth 12 EA $ 3,800.00 13 20' DRAINAGE INLET-10' TRANSITION UPSTEAM AND 5' TRANSITION TO CURB DOWNSTREAM, 0'-6- Depth 12 EA $ 4,500.00 14 5 X 5 JUNCTION BOXES 25 EA $ 2,250.00 0'-6'FOR STORM SEWER 25 EA $ 380.00 15 Adjust Manholes and Valves 50 EA $ 450.00 16 Subgrade Stabilization-6" 3375 SY $ 3.50 17 Subgrade Stabilization-12" 3375 SY $ 4.00 18 Lime for Subgrade Stabilization —PH Series 510 TN $ 88.00 EXHIBIT A Rln 9R9R ANNIIAI CONTRACT FOR ASPHALT & CONCRETE STREET SECTIONS ITEM DESCRIPTION CITY UNIT VENDOR JAG OE PUBLIC Principal Place of Business DENTON, TX 19 Cement for Subgrade Stabilization—Atterberg Limits 512 TN $ 90.00 20 Barricading for Project according to the 2000 MUTCD, Projects up to $100,000 $ 1,500.00 21 Barricading for Project according to the 2000 MUTCD, Project greater than $100,000 but less than $250,000 LS $ 3,000.00 22 Two Year Maintenance Bond per Thousand Dollars of Street Project Value $low COML $ 100.00 z JASPHALT SECTIONS IA 24-STREET 6" THICK-12" EDGE RESTRAINT BOTH SIDES 2O00 SY $ 20.00 1B 24-STREET 6" THICK-12" EDGE RESTRAINT BOTH SIDES 4500 SY $ 17.30 2A 31STREET-6" THICK 2000 SY $ 13.50 2B 31' STREET-6" THICK 4500 SY $ 11.35 2C 2"PG 76-22 BINDER FOR 31', STREET, 4" PG 64-22 BASE 450D SY $ 12.00 3A 34' STREET - 6" THICK 4500 SY $ 13.50 3B 34' STREET - 6" THICK 2000 SY $ 11.35 4A 41 - STREET- 8" THICK 3000 SY $ 15.34 4B 41' STREET- 8" THICK 4500 SY $ 14.88 5A 45' STREET - 8" THICK 2000 SY $ 17.00 5B 45' STREET - 8" THICK 4500 SY $ 14.85 5C 2"PG 76-22 BINDER FOR 45' STREET 6"THICK BASE PG 64-22 4500 SY $ 15.50 6 'A 4 LANE DIVIDED 25' B/B, 10" THICK 2000 SY $ 21.00 6B 'A 4 LANE DIVIDED 25' B/B, 10" THICK 4500 LF $ 18.94 6C 2 PG 76-22 BINDER FOR 1/2 4 LANE DIVIDED 25' B/B 8" THICK BASE PG 64-22 4500 LF $ 20.00 7 24'CONCRETE CURB WITH FIBERS 1005 LF $ 9.75 8 15" CONCRETE EDGE RESTRAMT FOR ESTATE ROADS WITH FIBERS 1005 LF $ 9.30 9 6'CONCRETE DRIVEWAY WITH FIBERS 505 SY $ 34.00 10 4' CONCRETE SIDEWALK WITH FIBERS 505 SY $ 32.00 11 10' DRAINAGE INLET-10" TRANSITION TO CURB UPSTREAM & 5" DOWNSTREAM, 0'-6' DEPTH 25 EA $ 2,200.00 EXHIBIT A BID 2823 ANNUAL CONTRACT FOR ASPHALT & CONCRETE STREET SECTIONS ITEM DESCRIPTION CITY UNIT VENDOR JAGOE PUBLIC Principal Place of Business DENTON, TX 12 15- DRAIN INLET-10" TRAN UPSTREAM & 5" TRAN TO 12 EA $ DSTREAM 0'-6 DEPTH 3,300.00 13 20" DRAIN INLET-10'TRAN UPSTREAM & 5"TRAN TO 12 EA $ 4,000.00 DSTREAM 0'-6' DEPTH 14 5' X 5" JUNCTION BOXES / 0'-6' FOR STORM SEWER 12 EA $ 1.750.00 15 ADJUST MANHOLES & VALVES 50 EA $ 400.00 16 SUBGRADE STABILIZATION-6" 3375 SY $ 3.50 17 SUBGRADE STABILIZATION-12" 3375 SY $ 4.00 18 LIME FOR SUBGRADE STABILIZATION - PH SERIES 510 TN $ 85.00 19 CEMENT FOR SUBGRADE STABILIZATION- 512 TN $ 90.00 ATTERBERG LIMITS 20A BARRICADING FOR PROJECT ACCORDING TO THE I LS $ 1,500.00 2000 MUTCD$100,000-city 20B BARRICADING FOR PROJECT ACCORDING TO THE I 2000 MUTCD$100,000-tdol LS $ 3,000.00 21A BARRICADING FOR PROJECT ACCORDING TO THE I LS $ 3,000.00 2000 MUTCD GREATER$ 100,000-City 21B BARRICADING FOR PROJECT ACCORDING TO THE I LS $ 6,000.00 2000 MUTCD GREATER$ 100,000-TXDOT Two Year Maintenance Bond per Thousand Dollars of 22 Street Project Value $1,000 $100.00 VIKING CONSTRUCTION INC 6 MICRO -SURFACING 200000 SY $2.50 MICRO -SURFACING LEVELUP-1/2" LAYER FOR RUTTING, PUSHING, ETC. 400o SY $3.00 CONTRACT AGREEMENT STATE OF TEXAS COUNTY OF DENTON THIS AGREEMENT, made and entered into this 14' day of May A.D., 2002 by and between City of Denton of the County of Denton and State of Texas, acting through Michael A. Conduff thereunto duly authorized so to do, hereinafter termed "OWNER," and Viking Construction, Inc. Georgetown, TX 78628 of the City of Georgetown , County of Williamson and State of Texas , hereinafter termed "CONTRACTOR." WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by OWNER, and under the conditions expressed in the bonds attached hereto, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified below: Bid 2823- Annual Contracts for Asphalt and Concrete Street Construction, Ultra Flow and RCP Vie, Box Culverts for Storm Sewers and Micro Surfacing (Section 6-Micro-Surfacing) in the amount of indefinite quantity with no guaranteed minimums not to exceed $1,000,000.00 at any time aggregate and all extra work in connection therewith, under the terms as stated in the General Conditions of the agreement; and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the work specified above, in accordance with the conditions and prices stated in the Proposal and the Performance and Payment Bonds, attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), and Instructions to Bidders, as referenced herein and on file in the office of the Purchasing Agent, and in accordance with the plans, which includes all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by: City of Denton Staff all of which are referenced herein and made a part hereof and collectively evidence and constitute the entire contract. CA-1 Independent Status It is mutually understood and agreed by and between City and Contractor that Contractor is an independent contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas, for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, worker's compensation, or any other City employee benefit. City shall not have supervision and control of Contractor or any employee of Contractor, and it is expressly understood that Contractor shall perform the services hereunder according to the attached specifications at the general direction of the City Manager of the City of Denton, Texas, or his designee under this agreement. Indemnification Contractor covenants and agrees to and does hereby indemnify, hold harmless and defend, at its own expense, Owner, its officers, servants and employees, from and against any and all claims or suits for property loss or damage and/or personal injury, including death, to any and all persons, of whatsoever kind or character, whether real or asserted, arising out of the Work and services to be performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or invitees, whether or not caused, in whole or in part, by the alleged negligence of the officers, servants, employees, of the Owner. Contractor likewise covenants and agrees to, and does hereby, indemnify and hold harmless Owner during the performance of any of the terms and conditions of this Contract, whether arising out of in whole or in part, any and all alleged acts or omissions of officers, servants, or employees of Owner. The provisions of this paragraph are solely for the benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other person or entity. Choice of Law and Venue This agreement shall be governed by the law of the State of Texas and venue for its construction and enforcement shall lie in the courts of Denton County, Texas. The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in written notice to commence work and complete all work within the time stated in the Proposal, subject to such extensions of time as are provided by the General and Special Conditions. The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the Contract. CA-2 IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. ATTEST: ®LJ APPROVED AS TO FORM: i 0 ( d aj" CITY ATTORNEY City of Denton OWNER BY: -N'v (SEAL) 11<tN GCdN3TRu�-��� �� C- CONTRACTOR 25 'i-L S)44L% ` R4 ao MAILING ADDRESS PHONE NUMBER *X NUMBER BY: \V\ ------- TITLE PAS,\ N t ARR`j, kA ��5 t,,\N N CA-3 (SEAL) PERFORMANCE BOND STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That Viking Construction, Inc. whose address is 2592 Shell Road Georgetown, TX 78628 hereinafter called Principal, and Federal Insurance company , a corporation organized and existing under the laws of the State of IN , and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, in the penal sum of $1,000,000.00 of the stated penal sum as an additional sum of money representing additional court expenses, attorneys' fees, and liquidated damages arising out of or connected with the below identified Contract, in lawful money of the United States, to be paid in Denton County, Texas, for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain Contract, identified by Ordinance Number 2002-133 with the City of Denton, the Owner, dated the 14'b day of May A.D. 2002 a copy of which is hereto attached and made a part hereof, for Bid 2823- Annual Contracts for Asphalt and Concrete Street Construction, Ultra Flow and RCP Pine, Box Culverts for Storm Sewers and Micro Surfacing (Section 6) not to exceed This bid is for an annual price agreement for concrete. No one job is expected to go above $1,000,000. If it does, the successful vendor will be responsible for acquiring additional bonding if aggregate jobs are in excess of $500,000.00. Upon receipt of notice of acceptance of this bid, within thirty (30) days of the date of this proposal, the successful vendor agrees to execute the formal contract within fifteen (15) days thereafter, and to deliver an INSURANCE certificate, a SURETY BOND in the amount of $1,000,000 (One Million Dollars) for faithful performance of the contract and a STATUTORY PAYMENT BOND for $1,000,000 (One Million Dollars). NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill all of the undertakings, covenants, terms, conditions and agreements of said Contract in accordance with the Plans, Specifications and Contract Documents during the original term thereof and any extension thereof which may be granted by the Owner, with or without notice to the Surety, and during the life of any guaranty or warranty required under this Contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby waived; and, if the Principal shall repair and/or replace all defects due to faulty materials and workmanship that appear within a period of one (1) year from the date of final completion and final acceptance of the Work by the Owner; and, if the Principal shall fully indemnify and save harmless the Owner from all costs and damages which Owner may suffer by reason of failure to so perform herein and shall fully reimburse and repay Owner all outlay and expense which the Owner may incur in making good any default or deficiency, then this obligation shall be void; otherwise, it shall remain in full force and effect. LD PROVIDED FURTHER, that if any legal action be filed upon this Bond, exclusive venue shall lie in Denton County, State of Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc., accompanying the same, shall in anywise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc. This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, as amended, and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Denton County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Article 7.19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas. IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of which shall be deemed an original, this the 9th day of August 2002 . BY: ak scc�/y ecs SECRETARY ATTEST: BY: '! PRINCIPAL V,%QC, Cc, ms-z ,U,aN "tN rl— BY: � Jr`J PRESIDENIF SURETY Federallnsnrance Company BY A ORNEY-IN-FACT The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is: NAME: FRANK SIDDONS INSURANCE P.O. BOX 16401/ AUSTIN, TEXAS 78716 STREET ADDRESS: 51L481-17)7 (NOTE: Date of Performance Bond must be date of Contract. If Resident Agent is not a corporation, give a person Is name.) Chubb POWER Federal Insurance Company Attri Surety Department KIOF Vigilant Insurance Company 15 Mountain View Road Surety ATTORNEY Pacific Indemnity Company Warren, NJ 07059 Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and appoint Robert C. Siddons, Steven B. Siddons, Robert C. Fricke, James F. Siddons, Samuel G. Siddons and Linda Edwards of Austin, Texas ---------------------------------------------------------- each as their true and lawful Attomey-in-Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise, bonds and undertakings and other writings obligatory In the nature thereof (other than ball bonds) given or executed In the course of business, and any instruments amending or ahering the same, and consents to the modification or afteratbn of any Instrument referred to In said bonds or obligations. In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate seals on this 14 th day of December, 2001 Kenneth C. Wendel, Assistant Secretary Fra k E. Robertson, Vic President STATE OF NEW JERSEY County of Somerset on this 14 tlmay of December, 2001 , before me, a Notary Public of New Jersey, personally came Kenneth C. Wendel, to me known to be Assktant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which executed the foregoing Porter of Attorney, and the said Kenneth C. Wendel being by me duly swam, did depose and say that he Is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof, that the seals aifoted to the foregoing Power of Attorney are such carpmate seals and were thereto affixed by authority of the By -Laws of said Companies; and that he signed said Power of Attomey as Assistant Secretary of saki Companies by like authority; and that he is acquainted with Frank E. Robertson, and (mows him to be Vice Preed mpanies; and that the signature of Frank E. Robertson, subscribed to said Paver of Attorney is in the genuine handwriting of Frank E. Robe s subscribed by authority of said By -Laws and in depawnl's presence. Notaria Q OTAR Y m Karen A. Price I��'^ a NOary Public State of New Jersey PUBLIC r 1 Q Q_, ��ppnnNo..yy2��23pp1gg647 rprrr//LLLL�}������},, ��/llt Notary Public Extract from the By -Laws of FEDERAL INSU�RAuNCf:�CO Pirg ^CE.TT NISURANCE COMPANY, and PACIFIC INDEMNITY COMPANY: 'All powers of attorney for and on behalf of the Company may and shall be executed in the name and an behalf of the Company, either by the Chairman or the President or a Vice President or an Assistant Vice President, Jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved. printed or lithographed. The signature of each of the following officers: Chairman, President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or Attomeyafn-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such pourer of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached.' I, Kenneth C. Wendel, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the'Compantes') do hereby certify that () the foregoing extract of the By -Laws of the Companies is true and correct, 1ithe Companies are duly licensed and authored to transact surety business in all 50 of the United States of America and the District of Columba and are autlar¢ed by the U. S. Treasury Department further, Federal and Vigilant are licensed in Puerto Rico and the U. S. Vagtn Islands, and Federal is ficersed in American Samoa, Guam, and each of the Provinces of Canada except Prince Edward Island; and (III) the foregoing Power of Attorney Is true, correct and In full force and effect. Given under my hand and seals of said Companies at Warren, NJ this 9th day of August 2002 plltMlfr SLIRAw . �t.a�sVotaG J4`C0 > —*— u��Y bSttNS+ e't"EW YOa�e Kenneth C. Wendel, Assistant Secretary IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY Telephone (908) 903-3485 Fax (908) 903-3656 e-mail: surety@chubb.com 15-n)40225 (Ed. 4-W CONSENT PAYMENT BOND STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That Viking Construction, Inc., whose address is 2592 Shell Road Georgetown, TX 78628 hereinafter called Principal, and Federal Insurance Company , a corporation organized and existing under the laws of the State of IN and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, and unto all persons, firms, and corporations who may furnish materials for, or perform labor upon, the building or improvements hereinafter referred to, in the penal sum of $1,000,000.00 in lawful money of the United States, to be paid in Denton, County, Texas, for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement which reduces the Contract price decrease the penal sum of this Bond. THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain Contract, identified by Ordinance Number 2002-133 with the City of Denton, the Owner, dated the 14th day of May A.D. 2002, a copy of which is hereto attached and made a part hereof, for Bid 2823- Annual Contracts for Asphalt and Concrete Street Construction, Ultra Flow and RCP Pipe, Box Culverts for Storm Sewers and Micro Surfacing (Section 6) not to exceed This bid is for an annual price agreement for concrete. No one job is expected to go above $1,000,000. If it does, the successful vendor must increase his bond to that amount. Upon receipt of notice of acceptance of this bid, within thirty (30) days of the date of this proposal, the successful vendor agrees to execute the formal contract within fifteen (15) days thereafter, and to deliver an INSURANCE certificate, a SURETY BOND in the amount of $1,000,000 (One Million Dollars) for faithful performance of the contract and a STATUTORY PAYMENT BOND for $1,000,000 (One Million Dollars). NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties and make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying labor and/or material in the prosecution of the Work provided for in said Contract and any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby expressly waived, then this obligation shall be void; otherwise it shall remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive venue shall lie in Denton County, Texas. mim AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc., accompanying the same, shall in anywise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc. This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, as amended, and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Denton County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Article 7.19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas. IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of which shall be deemed an original, this the 9th day of August 2002 . ATTEST: PRINCIPAL BY: C- SECRETARY BY: '--� PRESIDE14T ATTEST: SURETY &'e ral Y s ►rance panyA7T,C BY S ORNEY-IN-FACT = - The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is: NAME: FRANK SIMONS INSURANCE STREET ADDRESS: P.O. 13OX 164077 AUSTIN, TEXAS 78716 512-481-1733 (NOTE: Date of Payment Bond must be date of Contract. If Resident Agent is not a corporation, give a person's name.) Chubb POWER Federal Insurance Company Aftn.: Surety Department Sure OF Vigilant Insurance Company 15 Mountain View Road ATTORNEY Pacific Indemnity Company Warren, NJ 07059 Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and appoint Robert C. Siddons, Steven B. Siddons, Robert C. Fricke, James F. Siddons, Samuel G. Siddons and Linda Edwards of Austin, each as their true and lawful Attomey-in-Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise, bonds and undertakings and other writings obligatory In the nature thereof (other than ball bonds) given or executed in the course of business, and any Instruments amending or altering the same, and consents to the modification or alteration of any Instrument referred to in said bonds or obligations. In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and effxed their corporate seals on this 14th day of December, 2001 Kenneth C. Wendel, Assistant Secretary Fra k E. Robertson, Vic/President STATE OF NEW JERSEY l ss. Count' of Somerset J. On this 14 thday of December, 2001 , before me, a Notary Public of New Jersey, personally came Kenneth C. Wendel, to me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which executed the foregoing Power of Attorney, and the said Kenneth C. Wendel being by me duly swum, did depose and say that he is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof, that the seals alfoad to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of the By -Laws of saki Companies; and that he signed said Power of Attorney as Assistant secretary of cold Companies by like authority; and that he Is acquainted with Frank E. Robertson, and knows him to be Vice Preald mpanies; and that the signature or Frank E. Robertson, subscribed to mid Power of Attorney is in the genuine handwriting of Frank E. Robertso s subscribed by authority of said Bylaws and in deponents presence. Notada OTAR y m Karen A. Price Ih�, PUBLiO � Notary Public State of New Jersey ► IJ�A 0 t Q Q_, �iBjI I�N1o..j(2p23p1g6,L4w/7��.{/�,�[I Notary Public Extract from the By -Laws of FEDERAL INSURAfdC�'CONIPANY, VIGIUiNSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY: 'All powers of attorney for and on behalf of the Comparry may and shall be executed in the name and on behalf of the Company, either by the Chairman or the President or a Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the following officers: Chairman, President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or Atomeys-in-Fad for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate baring such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile sal shall be valid and binding upon the Company with raped to any bond or undertaking to which it Is attached.' I, Kenneth C. Wendel, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the'Compan[W) do hereby certify that () the foregoing extract of the By -Laws of the Companies Is true and correct, (it) the Companies are duly licensed and authortaed to transact surely business In all 50 of the United States of America and the District or Columba and are aWhorbod by the U. S. Treasury Department further, Federal and Vigilant are ficersed in Puerto Rico and the U. S. Virgin Ishrhds, and Federal is licensed In American Samoa, Guam, and each of the Provinces of Canada except Prince Edward Island; and (it) the foregoing Power of Attorney Is true, correct and in full force and effect. . Given under my hand and seats of said Companies at Warren, NJ this 9 th day of August 2002. RA"'°e O `�S �'OIAlU' . fhsross+ �Ew iroat- J-� /_ '/�sr� - V�Kenneth C. Wends, Assistant Secretary IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY Telephone (908) 903-3485 Fax (908) 903-3656 e-mail: surety@chubb.com 15-15:6D (Ed. 4-W) CONSEW IMPORTANT NOTICE TO OBTAIN INFORMATION OR MAKE A COMPLAINT: YOU MAY CONTACT THE TEXAS DEPARTMENT OF INSURANCE TO OBTAIN INFORMATION ON COMPANIES, COVERAGES RIGHTS OR COMPLAINTS AT: 1-800-252-3439 YOU MAY WRITE THE TEXAS DEPARTMENT OF INSURANCE: P. O. BOX 149104 AUSTIN, TX 78714-9104 FAX# (512) 475-1771 You may also write to: FEDERAL INSURANCE COMPANY at: Attn: Claims Department 15 Mountain View Road Warren, NJ 07059 Fax No.: 908-903-3656 or 908-903-3485 ATTACH THIS NOTICE TO YOUR BOND. This notice is for information only and does not become a part or a condition of the attached document and is given to comply with Section 2253.048, Government Code, and Section 53.202, Property Code, 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 disqualified from award of the contract. Upon bid award, all insurance requirements shall become contractual obligations, which the successful bidder shall have a duty to maintain throughout the course of this contract. STANDARD PROVISIONS: Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted work has been completed and accepted by the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter. As .soon as practicable after notification of bid award, Contractor shall file with the Purchasing Department satisfactory certificates of insurance, containing the bid number and title of the project. Contractor may, upon written request to the Purchasing Department, ask for clarification of any insurance requirements at any time; however, Contractors are strongly advised to make such requests prior to bid opening, since the insurance requirements may not be modified or waived after bid opening unless a written exception has been submitted with the bid. Contractor shall not commence any work or deliver any material until he or she receives notification that the contract has been accepted, approved, and signed by the City of Denton. All insurance policies proposed or obtained in satisfaction of these requirements shall comply with the following general specifications, and shall be maintained in compliance with these general specifications throughout the duration of the Contract, or longer, if so noted: • Each policy shall be issued by a company authorized to do business in the State of Texas with an A.M. Best Company rating of at least A. • Any deductibles or self -insured retentions shall be declared in the bid proposal. If requested by the City, the insurer shall reduce or eliminate such deductibles or self -insured retentions with respect to the City, its officials, agents, employees and volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. • Liability policies shall be endorsed to provide the following: •• Name as additional insured the City of Denton, its Officials, Agents, Employees and volunteers. •• That such insurance is primary to any other insurance available to the additional insured with respect to claims covered under the policy and that this insurance applies separately to each insured against whom claim is made or suit is brought. The inclusion of more than one insured shall not operate to increase the insurer's limit of liability. • All policies shall be endorsed to read: "SAID POLICY SHALL NOT BE CANCELLED, NONRENEWED OR MATERIALLY CHANGE WITHOUT 30 DAYS ADVANCED WRITTEN NOTICE BEING GIVEN TO THE OWNER (CITY) EXCEPT WHEN THE POLICY IS BEING CANCELLED FOR NONPAYMENT OF PREMIUM IN WHICH CASE IO DAYS ADVANCE WRITTEN NOTICE IS REQUIRED". • Should any of the required insurance be provided under a claims -made form, Contractor shall maintain such coverage continuously throughout the term of this contract and, without lapse, for a period of three years beyond the contract expiration, such that occurrences arising during the contract term which give rise to claims made after expiration of the contract shall be covered. • Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit providing for claims investigation or legal defense costs to be included in the general annual aggregate limit, the Contractor shall either double the occurrence limits or obtain Owners and Contractors Protective Liability Insurance. • Should any required insurance lapse during the contract term, requests for payments originating after such lapse shall not be processed until the City receives satisfactory evidence of reinstated coverage as required by this contract, effective as of the lapse date. If insurance is not reinstated, City may, at its sole option, terminate this agreement effective on the date of the lapse. SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: All insurance policies proposed or obtained in satisfaction of this Contract shall additionally comply with the following marked specifications, and shall be maintained in compliance with these additional specifications throughout the duration of the Contract, or longer, if so noted: [X] A. General Liability Insurance: General Liability insurance with combined single limits of not less than $1,000,000 shall be provided and maintained by the Contractor. The policy shall be written on an occurrence basis either in a single policy or in a combination of underlying and umbrella or excess policies. If the Commercial General Liability form (ISO Form CG 0001 current edition) is used: • Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual liability covering this contract and broad form property damage coverage. • Coverage B shall include personal injury. • Coverage C, medical payments, is not required. If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) is used, it shall include at least: • Bodily injury and Property Damage Liability for premises, operations, products and completed operations, independent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures. • Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability. [X] Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than $500,000 either in a single policy or in a combination of basic and umbrella or excess policies. The policy will include bodily injury and property damage liability arising out of the operation, maintenance and use of all automobiles and mobile equipment used in conjunction with this contract. Satisfaction of the above requirement shall be in the form of a policy endorsement for: • any auto, or • all owned, hired and non -owned autos. [X] Workers Compensation Insurance Contractor shall purchase and maintain Worker's Compensation insurance which, in addition to meeting the minimum statutory requirements for issuance of such insurance, has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 policy limit for occupational disease. The City need not be named as an "Additional Insured" but the insurer shall agree to waive all rights of subrogation against the City, its officials, agents, employees and volunteers for any work performed for the City by the Named Insured. For building or construction projects, the Contractor shall comply with the provisions of Attachment 1 in accordance with §406.096 of the Texas Labor Code and rule 28TAC 110.110 of the Texas Worker's Compensation Commission (TWCC). [ ] Owner's and Contractor's Protective Liability Insurance The Contractor shall obtain, pay for and maintain at all times during the prosecution of the work under this contract, an Owner's and Contractor's Protective Liability insurance policy naming the City as insured for property damage and bodily injury which may arise in the prosecution of the work or Contractor's operations under this contract. Coverage shall be on an "occurrence" basis, and the policy shall be issued by the same insurance company that carries the Contractor's liability insurance. Policy limits will be at least combined bodily injury and property damage per occurrence with a aggregate. [ ] Fire Damage Legal Liability Insurance Coverage is required if Broad form General Liability is not provided or is unavailable to the contractor or if a contractor leases or rents a portion of a City building. Limits of not less than each occurrence are required. [ ] Professional Liability Insurance Professional liability insurance with limits not less than per claim with respect to negligent acts, errors or omissions in connection with professional services is required under this Agreement. [ ] Builders' Risk Insurance Builders' Risk Insurance, on an All -Risk form for 100% of the completed value shall be provided. Such policy shall include as "Named Insured" the City of Denton and all subcontractors as their interests may appear. [ ] Additional Insurance Other insurance may be required on an individual basis for extra hazardous contracts and specific service agreements. If such additional insurance is required for a specific contract, that requirement will be described in the "Specific Conditions" of the contract specifications. ATTACHMENT i [X] Worker's Compensation Coverage for Building or Construction Projects for Governmental Entities A. Definitions: Certificate of coverage ("certificate ")-A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in §406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner -operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any overage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the Contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the contractor, prior to the end of the coverage period, 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 whom it contracts, and provide to the contractor: (a) a certificate of coverage, prior to the other person beginning work on the project; and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. 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 these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. Sri' 'alti T 4'8 .r'a't+{:;' 1 r fi f I $(�' f M f 3r P 1 •CERTIFICATE NUMBER ":-id,,'-5.,�x7�..-u.^.�L;-di. `M".`w:._i Ff-f;,'<,..J...ihd�'"-�e*z� Ez `%i;». ..��ie3,� :�,�V'�ri 9,�1`e .•. �. - � CHI-000843283-00 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS DONNA FENTRESS - FAX (877) 855-7274 NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE MARSH INC. POLICY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE 500 W. MONROE STREET AFFORDED BY THE POLICIES DESCRIBED HEREIN. CHICAGO, IL 60661 COMPANIES AFFORDING COVERAGE COMPANY A ZURICH AMERICAN INSURANCE COMPANY INSURED COMPANY VIKING CONSTRUCTION INC. B ATTN: RUSTY BOWMAN COMPANY 2592 SHELL ROAD GEORGETOWN, TX 78628-9255 C COMPANY D �'uei� I�R'AGEB 'n .I / A ),s.n5gw5{' q 4 JRII'� R - iM i5phgjr,7Q J 11 g Y. .1 1.,.._3.Au?"s'§Kfi�J.5.�3�53@d.r.�a• aa��YrP oul._�Pi�&'�,�r��kdPaeti„nt1�1oYe8�tjei4w�_���z"c4.z THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, CONDITIONS AND EXCLUSIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE(MM/DD/YY) POLICY EXPIRATION DATE(MM/DDIYY) - LIMITS A GENERAL LIABILITY GLC 6821103-10 01/01/02 01/01/05 GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGO $ 2,000,000 X "t�S'rl COMMERCIAL GENERAL LIABILITY XCLAIMS MADE OCCUR PERSONAL& ADV INJURY $ 2,000,000 EACH OCCURRENCE $ 2,000,000 OWNER'S & CONTRACTOR'S PROT FIRE DAMAGE (Any one fire $ 100,000 MED EXP (Any one person) $ A AUTOMOBILE LIABILITY BAP 6821110-08 01/01/02 01/01/05 COMBINED SINGLE LIMIT $ 1,000,000 A X ANY AUTO MA 6821105-08 01/01/02 01/01/05 BODILY INJURY (Per Person) $ A A ALLOWNEDAUTOS SCHEDULED AUTOS TAP 6821106-08 BAP 8374305-04 01/01/02 01/01/02 01/01/05 01/01/05 - BODILY INJURY (Peraccident) $ A A HIRED AUTOS NON -OWNED AUTOS BAP 8374302-04 MA 8374301-04 01/01/02 01/01/02 01/01/05 01/01/05 A A TAP 8374303-04 BAP 8374304-04 01/01/02 01/01/02 01/01/05 01/01/05 PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ AGGREGATE $ UMBRELLA FORM - $ OTHER THAN UMBRELLA FORM A A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY WC 6821108-07 (ADS) WC 6821104-07(MA,WI) 01/01/02 01/01/02 01/01/05 01/01/05 X I TOWC S RY LIMITS ER riPkl`a`Iar'r1 'S' EL EACH ACCIDENT $ 1,000,000 A THE PROPRIETOR/ X INCL PARTNERS/EXECUTIVE OFFICERS ARE: EXCL WC 6821159-07(CA) 01/01/02 01/01/05 EL DISEASE -POLICY LIMIT $ 1.000,000 EL DISEASE -EACH EMPLOYEE $ 1,000,000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLESISPECIAL ITEMS (LIMITS MAY BE SUBJECT TO DEDUCTIBLES OR RETENTIONS) - CITY OF DENTON, ITS OFFICIALS, AGENTS, EMPLOYEES AND VOLUNTEERS ARE INCLUDED AS ADDITONAL INSUREDS UNDER THE ABOVE REFERENCED GENERAL LIABILITY POLICY, SUBJECT TO ITS TERMS TERMS & CONDITIONS, BUT ONLY FOR THIRD PARTY CLAIMS AGAINST AN ADDITIONAL INSURED ARISING FROM THE SOLE NEGLIGENCE OF THE INSURED AND ONLY TO THE EXTENT REQUIRED BY WRITTEN CONTRACT. THE INSURER AGREES TO WAIVE ITS RIGHT OF SUBROGATION AGAINST THE CERTIFICATE HOLDER TO THE EXTENT REQUIRED jGTcti7(Pltl'ATE*R'O[."tl�t2r,-��vta'•�aL"s,,'r'e•,'s5=s"-.., :.: nxa.a. w,„2,I x,.t.,,+•�ur,::5�., L �`.n� ".,-�HJ.4»�ha�.'.s�. FtA'!1� SHOULD ANY OF THE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE THERE THE INSURER AFFORDING COVERAGE WILL SN8iSiYdW- M MAIL I_ DAYS WRITTEN NOTICE TO THE CITY OF DENTON ATTN:MS. DENISE HARPOOL CERTIFICATE HOLDER NAMED HEREIN,&YR M 901 B TEXAS STREET RWX181N(BKXdN(HIR8MIW8RxRXIfP.G4klfi(xMR%d61N6X&&>a DENTON, TX 76201 xxxxxxXXxXxxXXX�XXXXXXXXXXxxxxxxxXXzxXxxxxxXXxx mxxxxxxx MARSH USA INC. BY: KeHn M. Brogan [�1%",�,7 ra 'bWiffio.ev",1 Pit DATE IMMIDDNYI PRODUCER I COMPANIES AFFORDING COVERAGE DONNA FENTRESS - FAX (877) 855-7274 COMPANY MARSH INC. 500 W. MONROE STREET E CHICAGO. IL 60661 COMPANY F INSURED VIKING CONSTRUCTION INC. ATTN: RUSTY BOWMAN COMPANY G 2592 SHELL ROAD GEORGETOWN, TX 78628-9255 COMPANY H CONTINUED FROM DESCRIPTION SECTION: UNDER WRITTEN CONTRACT WITH THE NAMED INSURED FOR WORKERS COMPENSATION COVERAGE ONLY. ATTN:MS. DENISE HARPOOL 901 B TEXAS STREET DENTON, TX 76201 INCLUDES COPYRIGHTED MATERIAL OF ACORD CORPORATION WITH ITS PERMISSION. CONTRACT AGREEMENT STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT, made and entered into this 14' day of May A.D., 2002 by and between City of Denton of the County of Denton and State of Texas, acting through Michael A. Conduff thereunto duly authorized so to do, hereinafter termed "OWNER," and 7agoe Public Co. 250 Denton, TX 76202 of the City of Denton , County of Denton and State of Texas , hereinafter termed "CONTRACTOR." WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by OWNER, and under the conditions expressed in the bonds attached hereto, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified below: Bid 2823- Annual Contracts for Asphalt and Concrete Street Construction Ultra Flow and RCP Pipe, Box Culverts for Storm Sewers and Micro Surfacing (Section 1 - Concrete Street Sections and Section 2 - Asphalt Street Sections in the amount of indefinite quantity with no guaranteed minimums not to exceed $1 000 000.00 at any time aggregate and all extra work in connection therewith, under the terms as stated in the General Conditions of the agreement; and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the work specified above, in accordance with the conditions and prices stated in the Proposal and the Performance and Payment Bonds, attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), and Instructions to Bidders, as referenced herein and on file in the office of the Purchasing Agent, and in accordance with the plans, which includes all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by: CA-1 City of Denton Staff all of which are referenced herein and made a part hereof and collectively evidence and constitute the entire contract. Independent Status It is mutually understood and agreed by and between City and Contractor that Contractor is an independent contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas, for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, worker's compensation, or any other City employee benefit. City shall not have supervision and control of Contractor or any employee of Contractor, and it is expressly understood that Contractor shall perform the services hereunder according to the attached specifications at the general direction of the City Manager of the City of Denton, Texas, or his designee under this agreement. Indemnification Contractor covenants and agrees to and does hereby indemnify, hold harmless and defend, at its own expense, Owner, its officers, servants and employees, from and against any and all claims or suits for property loss or damage and/or personal injury, including death, to any and all persons, of whatsoever kind or character, whether real or asserted, arising out of the Work and services to be performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or invitees, whether or not caused, in whole or in part, by the alleged negligence of the officers, servants, employees, of the Owner. Contractor likewise covenants and agrees to, and does hereby, indemnify and hold harmless Owner during the performance of any of the terms and conditions of this Contract, whether arising out of in whole or in part, any and all alleged acts or omissions of officers, servants, or employees of Owner. The provisions of this paragraph are solely for the benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other person or entity. Choice of Law and Venue This agreement shall be governed by the law of the State of Texas and venue for its construction and enforcement shall lie in the courts of Denton County, Texas. The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in written notice to commence work and complete all work within the time stated in the Proposal, subject to such extensions of time as are provided by the General and Special Conditions. The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the Contract. CA-2 IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day lust above written. ATTEST: z ATTEST: 7� APPROVE S TO CITY A City of Denton OWNER BY: (SEAL) IT,.(- %//�(0�ec,!, CONTRAC OR P.O. B Public Co. Denton, Tx 76202 MAILING ADDRESS %AKD 382— - z-ry/ a PHONE NUMBER 3Y2 - 77 3 z �FF%AX NUMBER p BY: fib //T -- TLE CA-3 gL� c.('ZEwK jjp-. PRINTED NAME (SEAL) PERFORMANCE BOND BOND NO. ST3267 STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That Jagoe Public Co. whose address is P.0 Box 250, Denton, TX 76202 hereinafter called Principal, and ST. PAUL FIRE AND MARINE INSURANCE a corporation organized and existing under the laws of the State of Minnesota , and fully ' COMPANY authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, in the penal sum of $1,000,000.00 of the stated penal sum as an additional sum of money representing additional court expenses, attorneys' fees, and liquidated damages arising out of or connected with the below identified Contract, in lawful money of the United States, to be paid in Denton County, Texas, for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain Contract, identified by Ordinance Number 2002-133 with the City of Denton, the Owner, dated the 14' day of May A.D. 2002 a copy of which is hereto attached and made a part hereof, for Bid 2823- Annual Contracts for Asphalt and Concrete Street Construction, Ultra Flow and RCP Pipe, Box Culverts for Storm Sewers and Micro Surfacing (Sections 1 & 2) not to exceed $1,000,000.00 at any time aggregate. This bid is for an annual price agreement for concrete. No one job is expected to go above $1,000,000. If it does, the successful vendor will be responsible for acquiring additional bonding if aggregate jobs are in excess of $500,000.00. Upon receipt of notice of acceptance of this bid, within thirty (30) days of the date of this proposal, the successful vendor agrees to execute the formal contract within fifteen (15) days thereafter, and to deliver an INSURANCE certificate, a SURETY BOND in the amount of $1,000,000 (One Million Dollars) for faithful performance of the contract and a STATUTORY PAYMENT BOND for $1,000,000 (One Million Dollars). NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill all of the undertakings, covenants, terms, conditions and agreements of said Contract in accordance with the Plans, Specifications and Contract Documents during the original term thereof and any extension thereof which may be granted by the Owner, with or without notice to the Surety, and during the life of any guaranty or warranty required under this Contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby waived; and, if the Principal shall repair and/or replace all defects due to faulty materials and workmanship that appear within a period of one (1) year from the date of final completion and final acceptance of the Work by the Owner; and, if the Principal shall fully indemnify and save harmless the Owner from all costs and damages which Owner may suffer by reason of failure to so perform herein and shall fully reimburse and repay Owner all outlay and expense which the Owner may incur in making good any default or deficiency, then this obligation shall be void; otherwise, it shall remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed upon this Bond, exclusive venue shall lie in Denton County, State of Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc., accompanying the same, shall in anywise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc. This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, as amended, and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Denton County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Article 7.19- 1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas. IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of which shall be deemed an original, this the 2 day of. August-1 2002 ATTEST: PRINCIPAL —7 JAGOE PUBLIC CO. ��Q SECRETARYBY: /Yl b V c E PIMSIDENT 04000.16 / / Yn I' ?fit I V . I kl , ;. /'% Ma [.M1111:40 ST. PAUL FIRE AND MARINE INSURANCE COMPANY Christine Davis BY: ATTORNEY-IN-F CT Rosemary Weaver The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is: NAME: Willis of Texas, Inc. STREET ADDRESS: 13355 Noel Road, Suite 400, Dallas, Texas, 75240 (NOTE: Date of Performance Bond must be date of Contract. If Resident Agent is not a corporation, give a person Is name.) PAYMENT BOND BOND NO. ST3267 STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That Viking Construction, Inc., whose address is 2592 Shell Road Georgetown, TX 78628 hereinafter called Principal, and ST. PAUL FIRE AND MARINE INSURANCE COMPANY a corporation organized and existing under the laws of the State of Minnesota and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, and unto all persons, firms, and corporations who may furnish materials for, or perform labor upon, the building or improvements hereinafter referred to, in the penal sum of $1,000,000.00 in lawful money of the United States, to be paid in Denton, County, Texas, for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement which reduces the Contract price decrease the penal sum of this Bond. THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain Contract, identified by Ordinance Number 2002-133 with the City of Denton, the Owner, dated the 14th day of May A.D. 2002, a copy of which is hereto attached and made a part hereof, for Bid 2823- Annual Contracts for Asphalt and Concrete Street Construction, Ultra Flow and RCP Pipe, Box Culverts for Storm Sewers and Micro Surfacing (Sections 1 & 2) not to exceed $1,000,000.00 at any time aggregate. This bid is for an annual price agreement for concrete. No one job is expected to go above $1,000,000. If it does, the successful vendor must increase his bond to that amount. Upon receipt of notice of acceptance of this bid,. within thirty (30) days of the date of this proposal, the successful vendor agrees to execute the formal contract within fifteen (15) days thereafter, and to deliver an INSURANCE certificate, a SURETY BOND in the amount of $1,000,000 (One Million Dollars) for faithful performance of the contract and a STATUTORY PAYMENT BOND for $1,000,000 (One Million Dollars). NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties and make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying labor and/or material in the prosecution of the Work provided for in said Contract and any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby expressly waived, then this obligation shall be void; otherwise it shall remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive venue shall lie in Denton County, Texas. PB-3 AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc., accompanying the same, shall in anywise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc. This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, as amended, and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Denton County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Article 7.19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas. IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of which shall be deemed an original, this the 2 day of August 2002 ATTEST: 6 //i«%SECRETARY / r40IMS JAGOE PUBLIC CO. BY: gd vrrE PRESIDENT SURETY ST. PAUL FIRE AND MARINE INSURANCE COMPANY BY: PD Mo ATTORNEY -IN- ACT Rosemary Weaver The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is: NAME: Willis of Texas, Inc. STREET ADDRESS: 13355 Noel Road, Suite 400, Dallas, Texas 75240 (NOTE: Date of Payment Bond must be date of Contract. If Resident Agent is not a corporation, give a person's name.) POWER OF ATTORNEY 7heStPaul Power of Attorney No. Seaboard Surety Company St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company 23335 United States Fidelity and Guaranty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Certificate No. 1311862 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is it corporation duly organized under the laws of the State of New York, and that St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, and that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, and that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collective!), called the "Companies"), and that the Companies do hereby make, constitute and appoint Jeff McIntosh, D. Gregory Stilts and Rosemary Weaver of the City of Dallas , StaleXas , their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety to, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bands and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and sealed this 22nd day of Seaboard Surety Company United States Fidelity and Guaranty Company St. Paul Fire and Marine Insurance Company Fidelity and Guaranty Insurance Company St. Paul Guardian Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St Paul Mercury Insurance Company FI r'� 4tt�tY S/ 7927 �' ranorArt �t him +g 19� & IOHN F PHMNEY, Vicc President ,O.tgr WEAL /// ;i-i Z Oa ��E 1957 State of Maryland City of Baltimore THOMAS E. HUIHREGTSE, Assistant Secretary On this 22nd day of May , 2002 , before me, the undersigned officer, personally appeared John F. Phinney and Thomas E. Huibregtse, who acknowledged themselves to be the Vice President and Assistant Secretary, respectively, of Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters, Inc.; and that the seals affixed to the foregoing instrument are the corporate seals of said Companies; and that they, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing the names of the corporations by themselves as duly authorized officers. In Witness Whereof, I hereunto set my hand and official seal a pOrgRY x(o My Commission expires' the 13th day of July, 2002. lb ueuo REBECCA EASLEY-ONOKALA, Notary Puhlic qE CRV 86203 Rev. 7-2000 Printed in U.S.A. This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters. Inc. on September 2, 1998, which resolutions are now in full force and effect, reading as follows: RESOLVED, that in connection with the fidelity and surety insurance business of the Company, all bonds, undertakings, contracts and other instruments relating to said business may be signed, executed, and acknowledged by persons or entities appointed as Attorey(s)-in-Fact pursuant to a Power of Attorney issued in accordance with these resolutions. Said Power(s) of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman, or the President, or any Vice President, or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the foregoing officers and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attomey(s)-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and subject to any limitations set forth therein, any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall he valid and binding upon the Company, and any such power .so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is validly attached; and RESOLVED FURTHER, that Attorey(s)-in-Pact shall have the power and authority, and, in any case, subject to the terms and limitations of the Power of Attorney issued them, to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings, and other writings obligatory in the nature thereof, and any such instrument executed by such Attomey(s)-in-Fact shall be as binding upon the Company as if signed by an Executive Officer and sealed and attested to by the Secretary of the Company. I, Thomas E. Huibregtse, Assistant Secretary of Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters, Inc. do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full farce and effect and has not been revoked. ^/ IN TESTIMONY WHEREOF, I hereunto set my hand this /9 day of _. 19, �9%g Is 1686 �g2[ fdr•.4.0 E .t....tJ�u7 .+a. �61 AM:^- Neff Thomas E. Huibregtse, Assiar t Secretary To verify the authenticity of this Power of Attorney, call 1-800-421.3880 and ask for the Power of Attorney clerk. Please refer to the Power of Attorney number, the above -named individuals and Ore details of the bond to which the power is attached. SlFhul Surety IMPORTANT NOTICE: To obtain information or make a complaint: You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance at: P.O. Box 149104 Austin, TX 78714-9104 FAX# 1-512-475-1771 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: Mailing Address: St. Paul Surety Claim P.O. Box 4689 Federal Way, WA 98063-4689 Physical Address: St. Paul Surety Claim 31919 First Avenue South Suite 100 Federal Way, WA 98003 You may also contact the St. Paul Surety Claim office by telephone at: Telephone Number: 1-253-945-1545 PREMIUM OR CLAIM 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. ATTACH THIS NOTICE TO YOUR BOND: This notice is for information only and does not become a part or condition of the attached document. CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Bidder's attention is directed to the insurance requirements below. It is highly recommended that bidders confer with their respective insurance carriers or brokers to determine in advance of Bid submission the availability of insurance certificates and endorsements as prescribed and provided herein. If an apparent low bidder fails to comply strictly with the insurance requirements, that bidder may be disqualified from award of the contract. Upon bid award, all insurance requirements shall become contractual obligations, which the successful bidder shall have a duty to maintain throughout the course of this contract. STANDARD PROVISIONS: Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted work has been completed and accepted by the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter. As soon as practicable after notification of bid award, Contractor shall file with the Purchasing Department satisfactory certificates of insurance, containing the bid number and title of the project. Contractor may, upon written request to the Purchasing Department, ask for clarification of any insurance requirements at any time; however, Contractors are strongly advised to make such requests prior to bid opening, since the insurance requirements may not be modified or waived after bid opening unless a written exception has been submitted with the bid. Contractor shall not commence any work or deliver any material until he or she receives notification that the contract has been accepted, approved, and signed by the City of Denton. All insurance policies proposed or obtained in satisfaction of these requirements shall comply with the following general specifications, and shall be maintained in compliance with these general specifications throughout the duration of the Contract, or longer, if so noted: • Each policy shall be issued by a company authorized to do business in the State of Texas with an A.M. Best Company rating of at least A. • Any deductibles or self -insured retentions shall be declared in the bid proposal. If requested by the City, the insurer shall reduce or eliminate such deductibles or self -insured retentions with respect to the City, its officials, agents, employees and volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. • Liability policies shall be endorsed to provide the following: •• Name as additional insured the City of Denton, its Officials, Agents, Employees and volunteers. •• That such insurance is primary to any other insurance available to the additional insured with respect to claims covered under the policy and that this insurance applies separately to each insured against whom claim is made or suit is brought. The inclusion of more than one insured shall not operate to increase the insurer's limit of liability. • All policies shall be endorsed to read: "SAID POLICY SHALL NOT BE CANCELLED, NONRENEWED OR MATERIALLY CHANGE WITHOUT 30 DAYS ADVANCED WRITTEN NOTICE BEING GIVEN TO THE OWNER (CITY) EXCEPT WHEN THE POLICY IS BEING CANCELLED FOR NONPAYMENT OF PREMIUM IN WHICH CASE 10 DAYS ADVANCE WRITTEN NOTICE IS REQUIRED". • Should any of the required insurance be provided under a claims -made form, Contractor shall maintain such coverage continuously throughout the term of this contract and, without lapse, for a period of three years beyond the contract expiration, such that occurrences arising during the contract term which give rise to claims made after expiration of the contract shall be covered. • Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit providing for claims investigation or legal defense costs to be included in the general annual aggregate limit, the Contractor shall either double the occurrence limits or obtain Owners and Contractors Protective Liability Insurance. • Should any required insurance lapse during the contract term, requests for payments originating after such lapse shall not be processed until the City receives satisfactory evidence of reinstated coverage as required by this contract, effective as of the lapse date. If insurance is not reinstated, City may, at its sole option, terminate this agreement effective on the date of the lapse. SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: All insurance policies proposed or obtained in satisfaction of this Contract shall additionally comply with the following marked specifications, and shall be maintained in compliance with these additional specifications throughout the duration of the Contract, or longer, if so noted: [X) A. General Liability Insurance: General Liability insurance with combined single limits of not less than $1,000,000 shall be provided and maintained by the Contractor. The policy shall be written on an occurrence basis either in a single policy or in a combination of underlying and umbrella or excess policies. 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. 0 Coverage C, medical payments, is not required. If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) is used, it shall include at least: • Bodily injury and Property Damage Liability for premises, operations, products and completed operations, independent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures. • Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability. [X] Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than $500,000 either in a single policy or in a combination of basic and umbrella or excess policies. The policy will include bodily injury and property damage liability arising out of the operation, maintenance and use of all automobiles and mobile equipment used in conjunction with this contract. Satisfaction of the above requirement shall be in the form of a policy endorsement for: • any auto, or • all owned, hired and non -owned autos. [X] Workers Compensation Insurance Contractor shall purchase and maintain Worker's Compensation insurance which, in addition to meeting the minimum statutory requirements for issuance of such insurance, has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 policy limit for occupational disease. The City need not be named as an "Additional Insured" but the insurer shall agree to waive all rights of subrogation against the City, its officials, agents, employees and volunteers for any work performed for the City by the Named Insured. For building or construction projects, the Contractor shall comply with the provisions of Attachment 1 in accordance with §406.096 of the Texas Labor Code and rule 28TAC 110.110 of the Texas Worker's Compensation Commission (TWCC). [ ] Owner's and Contractor's Protective Liability Insurance The Contractor shall obtain, pay for and maintain at all times during the prosecution of the work under this contract, an Owner's and Contractor's Protective Liability insurance policy naming the City as insured for property damage and bodily injury which may arise in the prosecution of the work or Contractor's operations under this contract. Coverage shall be on an "occurrence" basis, and the policy shall be issued by the same insurance company that carries the Contractor's liability insurance. Policy limits will be at least combined bodily injury and property damage per occurrence with a aggregate. [ ] Fire Damage Legal Liability Insurance Coverage is required if Broad form General Liability is not provided or is unavailable to the contractor or if a contractor leases or rents a portion of a City building. Limits of not less than each occurrence are required. [ ] Professional Liability Insurance Professional liability insurance with limits not less than per claim with respect to negligent acts, errors or omissions in connection with professional services is required under this Agreement. [ ] Builders' Risk Insurance Builders' Risk Insurance, on an All -Risk form for 100% of the completed value shall be provided. Such policy shall include as "Named Insured" the City of Denton and all subcontractors as their interests may appear. [ ] Additional Insurance Other insurance may be required on an individual basis for extra hazardous contracts and specific service agreements. If such additional insurance is required for a specific contract, that requirement will be described in the "Specific Conditions" of the contract specifications. ATTACHMENT 1 [X] Worker's Compensation Coverage for Building or Construction Projects for Governmental Entities A. Definitions: Certificate of coverage ("certificate ")-A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in §406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner -operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any overage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the Contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the contractor, prior to the end of the coverage period, 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 whom it contracts, and provide to the contractor: (a) a certificate of coverage, prior to the other person beginning work on the project; and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. 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 these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. 08/28/2002 15:23 FAX 940 382 9732 JAGOE PUBLIC CO LTC: o/60/U6 "1'101t31 O:JU Yl7 TO: JAUU11 PUbLIU UU, C JM'L—LJ73'L Page: 002-003 10002 ACORD. CERTIFICATE OF LIABILITY 13ATE(MNMCYy) INSURANCE I FROWcut (940) 382-9691 FAX (940) 243-1050 Ramey & King Insurance 830 South I-35E, Suite A Denton, TX 76205-7829 THIS CERTIFICATE 13133UED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGMTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THIE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURED 7agoe Public Company. Inc. Bill Cheek P 0 Box 250 Denton, TX 76202 NSTRERA Travelers Lloyds "54MER0: Phoenix Insurance IN3URFRC. Travelers Insurance Co_ NSURIIR Travelers Indemnity of Americ. INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. R LTRi TYPE OF INSURANCE POLICY NUMBER DATE MAW PA LIMITS A GFSIERALLABILITY X COMMERCIAL GENERAL LIABILITY CLAIM-3 MADE O OCCUR C04910227A 10/01/2001 10/01/2002 EACH OCCURRENCE s 1 000 00C FIRE DAMAGE Wwwa En) 3 100 0 MED EXP 1Arry. m...) 3 5, 00 PERSCUAL A ADY INJURY i 1 01000 0 GENERAL AGGREGATE 3 2,000,0 GENt AGGREGATE LIMIT APPLIESPER: POLICY M PEA El LOC PRODUCTS -COMPIOP AGO $ 2100010 B AUTOMOOILC X Laaam ANY AUTO ALL OWNED AUTOS SCHEDULED AUKS MIRCDAUTOS NON-0wNED AUTOS P49102293 10/01/2001 10/01/2002 COMBINED SINGLELIMIT IE9090idNdl 3 1,000,000 BODILY INJURY IPAr PXran) i BODILY INJURY (For cesOml) i PROPERTY DAMAGE {PIA adaid") i GARAGE LIABILITY ANY AUTO P RWO ONLY -EAACCIDENT i FAACC OrHERTrIL"y AUTO ar; Acc f i C EXCE33 LIABILITY X OCCUR CLAIMS MACE DEOUCTIRLE RETENTION i CUP49102291 10/01/2001 10/01/2002 EACH OccIJRRENcE $ 5,000 AGGREGATE i i 5,000,0 $ i D WORItERE COMFENSATION AND EMPLOYEW LIMILnY LIB49ID2256 10/01/2001 10/01/2002 1 aR LIMPS I I ER E.L, EACH ACCIDENT s 1100010 E.L. DISEASE -EA EMPLOYEE i 1,000 000 E.L. DISEASE- FOUCY LIMIT i 1,000,000 OTHER DESCRIPTION OF OPERATONSILCCATIONiIVUHICLEBIEXCLUSIONs ADDED BY ENaORsNi4T19PECUL PROVISIONS City of Denton, its officials, agents, employees and volunteers are shown as additional Insured. Certificate holder is shown as additional Insured, Bid 2823 Annual Contract FO Asphalt & Concrete Sections -Ultra Flow Fst RCP Pipe, Box Culverts for storm sewers 6¢ micro -surfacing City of Denton 901B Texas St. Denton, Tx 76201 Said policy slag not be canceled, renewed or matedally changed wllaout 30 days advance written noaee being given to the Owner, except when Ina policy is being cancelled for nonpayment of premhm, in which case TO days written notice is regldred. James E 08/28/2002 15:25 FAX 940 982 9792 JAGOE PUBLIC CO --- aaaw. a.w srt LV. YAVUG YVpLlI: UU. L- JVZ—`J�Y3Z lM1!k'1 Ea'Uw Z001 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endoraement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the Issuing insurer(s), authorized representative or producer, and the cartificate holder, nor does it affirmatively or negatively amend, extend or after the coverage afforded by the policies listed thereon.