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HomeMy WebLinkAbout2001-424ORDINANCE NO AQQ/- `fa`7' AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR CONSTRUCTION OF A 20 INCH WATERLINE ON BERNARD/JAMES STREET, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2722 — BERNARD/JAMES 20 INCH WATERLINE AWARDED TO PATE AND PATE, LLC IN THE AMOUNT OF $1,130,294 80) WHEREAS, the City has solicited, received and tabulated competitive bids for the construction of public works or improvements in accordance with the procedures of STATE law and City ordinances, and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or improvements described in the bid invitation, bid proposals and plans and specifications therein, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the following competitive bids for the construction of public works or improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids BID NUMBER CONTRACTOR AMOUNT 2722 PATE AND PATE, LLC $1,130,294 80 SECTION R That the acceptance and approval of the above competitive bids shall not constitute a contract between the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, and insurance certificate after notification of the award of the bid SECTIONIII That the City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein SECTION IV That upon acceptance and approval of the above competitive bids and the SECTION IV That upon acceptance and approval of the above competitive bids and the execution of contracts for the public works and improvements as authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto SECTION V That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the 6 th day of /G>77.c M1Z6t_ ,2001 ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HE Y �i ATTORNEY ORDINANCE ej� 4'�— EULINE BROCK, MAYOR 0 / �i ± @ 2 N � q � « ± 2 � � Q � � U z 6 n & 3 � rill « 2 ± L E k �] § ( ( } 2 § S § /§( f ¥ » » ( k\ ( § q m n U) \ / \ > § w , 2_ § w \ m m m $ k \ ) \ / \ ) / k \ m m m z _ / \ \ ) » / } ; \ \ \ [ S S § § cl ! » y » > w ! § ; k §6 / \ q n n � ( \ \ > ! ® § !) \ ) m n n \ \ \ § ; ( \ k § R ` k k § § C § § ) § » » » § ) ( s § n « m $ § \ \ \ LU ' R( - ; a , 2 N \ \ \ j g 0 % m c § § LU FL \ - / / ( ® ■ U. ) Bemard/James 20-Inch Water Lme Bid # 2722 CITY OF DENTON CONTRACT AGREEMENT STATE OF TEXAS COUNTY OF DENTON THIS AGREEMENT, made and entered into this 6th day of November A D , 2001, 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 Pate & Pate LLC of the City of Kennedale , County of Tarrant 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 #2722 Bemard/James 20-Inch Water Line in the amount of $1,130,294 80 and all extra work in connection therewith, under the terms as stated in thei 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 Kimley-Horn and Associates, Inc , and 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 Bemard/James 20�hich Water Lme Bid # 2722 CITY OF DENTON 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 shall and does hereby agree to indemnify and hold harmless the City of Denton from any and all damages, loss, or liability of any kind whatsoever, by reason of injury to property or third persons occasioned by any error, omission or negligent act of Contractor, its officers, agents, employees, invitees, and other persons for whom it is legally liable, with regard to the performance of this Agreement, and Contractor will, at its cost and expense, defend and protect the City of Denton against any and all such claims and demands 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 Beinard/James 20-Inch Water Line Bid # 2722 CITY OF DENTON IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written ATTEST d d- APPROVED AS TO FORM id /A� CITY OWNER BY f &,-ADSe- H�inq (SEAL) Pate and Pate LLC C�TRACTOR Dougl s Bisballe, Vice -President 780 W. Mansfield Highway xanneda7_e. Texas 76060 MAILING ADDRESS 817-483-0999 PHONE NUMBER I:� .M.15LUMV 1.10; BY Vice -President TITLE lsy"C, Douglas Bisballe PRINTED NAME (SEAL) Bemard/James 20-Inch Water Line Bid # 2722 CITY OF DENTON July 31, 2001 NAME OF BIDDER Pate & Pa DATE Sifpteraber 4, 2001 MS CHRISTY SKIRCHAK PURCHASING CITY OF DENTON 901-B TEXAS STREET DENTON, TX 76209 Dear Ms Skirohak The undersigned, in compliance with your advertisement for Bids for Bernard/James 20-Inch Water Line, having examined the Drawings and Specifications, together with the related documents and all conditions surrounding the work, and having visited the sites of the proposed work, hereby, proposes to furnish all work in every detail in accordance with the Contract Documents within the time set forth herein and at the pries stated below These pries shall cover all expenses incurred in performing the work under the Contract Documents, of which the Proposal is a part Attached herewith, please find (Cashier's Check) (Certified Check) (Bid Bond) in the amount of $ , five percent (5%) of the bid I (or we) acknowledge receipt of the following addenda ADDENDA 41 (Initial) ADDENDA #2 Ak (Initial) ADDENDA #3 (Initial) Bemard/James 20-Inch Water Lute Bid # 2722 CITY OF DENTON July 31, 2001 CONTRACT DOCUMENTS Having examined the Proposal, General Instructions, Materials, Execution, Drawings, and Contract for (Bid # 2722) and Bernard/James 20-Inch Water Line and having examined the premises and circumstances affecting the work, the undersigned offer OFFER 1 To furnish all labor, material, tools, equipment, transportation, bonds, all applicable taxes, incidentals, and other facilities, and to perform all work for the said Bernard/James 20-Inch Water Line for the following area BASE BID — Bernard/James 20-Inch Water Line One million one hundred thirty thousand two Inwords hundred ninety four dollars and eighty cents $ 1, 130, 294.80 BID TABULATION SHEET Base Bid WORKDAYS 120 BID NO 2722 PO NO SP-3 6"Water Line 685 LF $ 38J00 $ 26,030 0 Unit Price m Words Thirty eight dollars and no cents SP-3 8" Water Line 1,589 LF 1 $ 40./00 $ 63,560 00 Unit Price m Words Forty dollars and no cents SP-3 20" Water Line 1 9,426 1 LF $ 6 3 /L 5 $ 9 6 ,19 4 50 Umt Price m Words Sixty threes dollars and twenty five cents Section 02310 36" Bore and Casing 661 LF 1 $ 2 6 4 ./0 0 $17 4 , 5 0 4 00 Unit Pricem Words Two hundred sixty four dollars and no cents SP-3 I Standard Water Service 18 1 EA $ 3 5 0 ./0 0 1 $ 6 , 3 0 0. 0 0 UnitPricemWords Three hundred fifty dollars and no cents SP-3 Connect to Existing 20" Water Line 1 1 EA $ 4 , 2 0 0 ./0 0 $ 4 , 2 0 0. 0 0 Umt Pricem Words Forty two hundred dollars and no cents 20"x6" Connection 1 3 1 EA $ 1, 950./00 $ 5,850.00 UmtP;icemWords Nineteen hundred fifty dollars and no cents 20"x8" Connection 1 1 EA $ 2, 2 00 ./0 0 1 $ 2,200 0 0 Unit P;ice m Words Twenty two hundred dollars and no cents SP-3 8"x6" Tapping Sleeve and Valve 1 T 1 EA $ 1,600 /0 0 I $ 1,600.00 Unit P#ice m Words Sixteen hundred dollars and no cents SP-3 1 8"x8" Tapping Sleeve and Valve 1 EA $ 1, 8 5 0 ./0 0 $ 1,850.00 1lmtPticemWords Eighteen hundred fifty dollars and no cents SP-3 16"x 16" Tapping Sleeve and Valve 1 EA $ 9 , 5 3 0 /0 0 $ 9 , 5 3 0. 0 Unit P�icem Words Ninety five hundred thirty dollars and no. cents BID TABULATION SHEET Base Bid Cont WORKDAYS 120 BID NO 2722 PO NO SP-3 '6" Gate Valve 3 1 EA $ 500.00 $ 1, 500. 00 Unit Price m Words Five hundred dollars and no cents SP-3 8" Gate Valve 4 EA $ 640.00 1 $ 2,560 00 Umt Price in Words Two hundred fifty dollars and no cents SP-3 20" Gate Valve and Vault 6 EA f5 , 3 0 0 d Q $ 91, 8 0 0. 0 0 Umt Pricem Words Fifteen thousand three hundred dollars and no cents SP-3 I Fire Hydrant Assembly 6 EA 1 $ 2, 2 5 0 00 $ 13,500.00 UmtPncemWords Twenty two hundred fifty dollars and no cents 6 7 3(1)(3) 2" Au Release Valve Assembly 3 EA $4, 300.00 $ 12, 900. 00 Unit Ptice m Words Forty three hudnred dollars and no cents 6 7 3(1)(3) 2" Combination Air Release Valve Assembly 1 EA $4, 550 00 $ 4,550.00 UmtPIlcemWords FoFty five hudnred fifty dollars and no cents SC-40 Saw Cut 16,656 LF $ 80 $ 13, 3 24 8 0 Umt Pricem Words No dollars and eighty cents Item 3 Remove Concrete Pavement 83 SY $ 3.30 $ 273.90 Umt Pricem Words Three dollars and thirty cents Item 5 8 Concrete Pavement 83 1 SY $ 51.00 $ 4,233 00 Umt P,ncem Words Fifty one dollars and no cents SP-3 Grass Seeding w/Erosion Control Blanket 898 LF $ 6.70 $ 6,016 60 Umt Price m Words Six dollars and seventy cents SC-37 I Excavation Protection 1 8,765 1 LF $ 3. /2 0 1 $ 2 8, 048 00 Umt Pricem Words Three dollars and twenty cents BID TABULATION SHEET Base Bid Cont WORKDAYS 120 BID NO 2722 PO NO SC-39 Project Signs 2 7EA$ 935 )DO $ 1,870 00 Unit Price in Words Nine hundred thirty five dollars and no cents Item 8 1 Barricades, Warning Signs, and Detours 1 LS $ 7, 7 0 0 b 0 $ 7,700 00 Unit Price m Words Seventy seven hundred dollars and no cents Item 3 1 Preparation of Right -of -Way 1 I LS � 1, 7 0 b. 0 d Unit Price in Words Twenty one thousand seven hudnred dollars and no cent Item 121 Contractor's Warranties and Understanding 1 LS $ 5 0 0.4 0 $ 500 00 Unit Price m Words Five hundred dollars and no cents Section 02010 LPST Site Work 1 LS / $ 27,500 0 0 UnitPricemWords Twenty seven thousand five hundred dollars and no cen UPRR Contractor's Right of Entry Agreement Fee 1 LS $ 500/00 1 $500 00 Unit Price m Words Five hundred dollars and no cents s Bernard/James 204nch Water Lme Bid # 2722 CITY OF DENTON July 31, 2001 Bemard/James 20-Inch Water Line IS/•yY�li/\tfy TOTAL 411,480.79 $ 1,130,294.80 EXAMINATION OF SITE By sigmng the Proposal Form, contractor acknowledges he is an authorized representative and has examined the site and is aware of all field conditions, which may affect the work TAXES Tax shall not be included in your bid Upon receipt of notice of acceptance of this bid, within thirty (30) days of the date of this proposal, I (or we) agree to execute the formal contract within ten (10) days thereafter, and to deliver an Insurance Certificate, a SURETY BOND in the amount of ONE HUNDRED and TEN PERCENT (110%) of the contract price, for the faithful performance of the contract, and a ONE HUNDRED PERCENT (100%) STATUTORY PAYMENT BOND The undersigned agrees to complete all work shown on the drawings and in the specifications within the time limits set forth below subject to additional days that may be added due to inclement weather and/or other justified and reasonable extensions or time as may be approved by the Owner Contractors that are awarded contracts shall be prepared to immediately sit down with the City of Denton Representatives and present a plan that will illustrate how progression of work is to take place to insure completion of all work within specified time limits The time limits areas follows All work is to be started and completed within 40 (forty) work days Work days are defined in the Supplementary Conditions If a contractor is awarded the project, the project must be completed within the dates shown above or the contractor will be subject to liquidated damages as set forth below 11 Bemard/James 20-Inch Water Line Bid # 2722 CITY OF DENTON July 31, 2001 A working day is defined as a calendar day, in which weather or other conditions not under the control of the company will permit the performance of the pnncipal units of work underway for a continuous period of not less than seven (7) hours between 7 00 A M and 6 00 P M The undersigned agrees that the Owner may retain the sum, as prescnbed in the North Texas Council of Governments General Provisions, from the amount to be paid to the undersigned for each calendar day that the work contemplated remains incomplete beyond the time set forth, Sundays and holidays INCLUDED This amount is agreed upon as the proper measure of liquidated damages which the Owner will sustain per day by failure of the undersigned to complete the work at the stipulated time, and is not to be ponstrued in any sense as a penalty Payment will be made to the contractor within thirty (30) days after receipt of proper invoice and written acceptance of project from the Owner's representative, all required material invoices, documentation, etc and all wntten warranties from both contractor and manufacturer I (or we) agree to promptly furnish a correct and current financial statement of condition with a list of owned equipment and an experience record of completed projects for examination by Owner and architect, if same is required SEAT (If by Corporation) RESP E C T F ULLY SUBMITTED BY (Name) Vice -Prey dent (Title) 780 W. Mansfield Highway (Address) Kennedale, Texas 76060 12 Bemard/James 20-Inch Water Lme Bid # 2722 CITY OF DENTON PERFORMANCE BOND STATE OF TEXAS COUNTY OF iDENTON Bond #SF0932 KNOW ALL MEN BY THESE PRESENTS That Pate & Pate, LLC whose address is 780 Wl Mansfield Highway, Kennedale, TX 76060 hereinafter called Principal, and Fidelity and Guaranty Insurance Underwriters Inc. , a corporation organized and existing under the laws of the State of Wisconsin , 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 One Million, One Hundred & Thirty Thousand, Two Hundred and Ninety Four DOLLARS and Eighty Cents ($1,130,294 80 ) plus ten percent of the stated penal sum as an additional sum of money representing additional court expenses, attorneys' fees, and liquidated damages arising out of or connected with the below identified Contract, in lawful money of the United States, to be paid in Denton County, Texas, for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, 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 2001- 424, with the City of Denton, the Owner, dated the 6t' day of November A D 2001 , a copy of which is hereto attached and made a part hereof, for Bid # 2722 Bernard/James 20-Inch Water Line NOWT 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 workmanphip 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 PB - I Bemard/James 204nch Water Lme Bid # 2722 CITY OF DENTON 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 6th day of November , 2001 ATTEST BY( Diann R Caldwell Assistant Secretary A&UHX WITNESS BY sine Lewis, Witne PRINCIPAL Pate V7Pate, LLC BY A&LA 6944, Douglas Bisballe Vice -President SURETY Fidelity and Guaranty Insurance Underwriters, lnc. BY ATTORNEY -IN -FACT Roy E. Simmons The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is Joe Hale of St. Paul Surety W" NAME j*fc& Atamk$xlkxm(gxa:Rxgmaxx&xlk=sxkmK=amacax&mat=xxxkRa- s 75231 STREET ADDRESS (NOTE Date of Performance Bond must be date of Contract If Resident Agent is not a corporation, give a person's name ) PB-2 Bemard/James 20•Inch Water Line Bid # 2722 CITY OF DENTON Bond #SF0932 PAYMENT BOND STATE OF TEXAS COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS That Pate & Pate, LLC , whose address is 780 W, Mansfield Highway, Kennedale, TX 76060 hereinafter called Principal, and Fidelity and Guaranty Insurance Underwriters, Inc a corporation organized and existing under the laws of the State of Wisconsin , 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 One Million, One Hundred & Thirty Thousand, Two Hundred & Ninety Four DOLLARS and Eighty Cents ($1,130,294 80) 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 2001-424, with the City of Denton, the Owner, dated the 6ih day of November A D 2001 , a copy of which is hereto attached and made a part hereof, for Bid # 2722 Bernard/James 20-Inch Water Line 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 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 Bernard/James 20•Inch Water Line Bid # 2722 CITY OF DENTON This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, as amended, and any other applicable statutes of the State of Texas The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Denton County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such surety, as provided by Article 7 19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of which shall be deemed an original, this the 6th day of November , 2001 ATTEST BY ah6��C{,(X Diann R Caldwell Assistant Secretary Al'ftft WITNESS u BY aine Lewis, W to ss PRINCIPAL Pate Pate, LLC BY �. Douglas R. Bisballe SURETY Fidelity and Guaranty Insurance Underwriters, Inc. BY 41 A TORNEY-IN-FACTRoy E. Simmons The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is p . Joe Hale of St. Paul Surety (�J� NAME ��BffT�ixax�8x88x8�at3tx8>itsta�sxsxxxaca�xx�cxxxx�cxxxxxxx#xxx 8144 Walnut Hill Lane, Suite 1199, Dallas, Texas 75231 STREET ADDRESS Bi@fSttdx�aaa��x3tt��x3canaxxSuacicuxi8�rxi�a�gasjcx��icaaxStS881 (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 mestiftl Power of Attorney No Seaboard Surety Company St Paul Fire and Marine Insurance Company St Paul Guardian Insurance Company St Paul Mercury Insurance Company 20816 United States Fidelity and Guaranty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc Certificate No 94 5 015 KNOW ALL MEN BY THESE PRESENTS That Seaboard Surety Company Is a 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 undo 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 collectnely culled the Companies ) and that the Companies do hereby make constitute and appoint Scott D Chapman, Roy E Simmons and Elame Lewis The Woodlands Texas of the City of State _ their fine and lawful Attomay(s) m I• to 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 pertormari of contracts and executing or guaranteeing bonds and undertakings 11 tegulsred or permitted many actions or ptoceedmgs allowed by Isw IN WITNLSS WHEREOF the Companies have caused this Instrument to ie'siggad and sealed this _ 1St clay of December 1999 Seaboard Surety Company United States fidelity and Guaranty ( ompany St Paul Fire and Marine Insurance Company f rdehty and Guaranty Insurance Company St Paul Guardian Insurance Coin any Ifidelity and Guaranty Insurance Underwriters, Inc�Cj/7� St Paul Mercury Insurance Colnp�ay y R M F PS! �,pnYORR),.^i^ wrnYalnO a /927 �saxs f 1 u 19� State of Maryland / City of B dumore THOM %S E HUIBRP(9 SE A+vu nit hoi1nq On this 1st _ day of December _ 1999 before me III, undusigned officer persondly appeared John 1 Phmncy and Thomas E Hmbregtse who acknowledged themselves to be the Vice President and Asset im Sccrenry respectively of Seaboard Surety Comp my St P nil I in. and Marine Insurance Company St Paul Guardian Insurance Company St Paul Mercury Insurance Comp ury United States Fidelity and Gu iramy Company Fidclny and Guatanty Insurance Company and Fidelity and Guaranty Insurance Underwriters Inc and that the seals affixed to the foregoing msb ument an, the coipotete sc ds of said Companies ind that they as such being authorzed so to do executed the foregoing instrument for the purposes therein coot tined by signing the a unos of the corporations by themselves as duly authorized officers �rF'PEAB(FY P�0 AbTggy v In Witness Whereof, I hereunto set my hand and ofhuul seal a PUe(t p C My Commission expires the l3(h dug of July 2002 ''(b� cis VO REBLCCA EASLEY ONOKALA Notary Pubbc 86203 Rev 7 2000 Printed in U S A This Power of Attomcy is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Seaboard Surety Company St Paul Fin, ind Marine Insurance Company St Paul Guardian Insurance Company St Paul Mercury Insurance Company United States Fidelity and Guaranty Company Mdehty and Guaranty Insar Ott t Compiny and Fidelity and Guaranty Insurance Underwriters Int, on September 2 1998 which resolutions are now in full force and effect reading as follows RESOLVFD, that in connection with the I dehty and surety msur moe 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 Attorneys) in Fact pursuant to a Power of Attorney issued in accordance with these resolutions Said Power(s) of Attorney for and on beh df of the Company may and shall be executed in the name and on behalf of the Company either by the Ch Orman or the Pieshdcnt or any Vice President or an Assistant Vice President ,jointly with the Secretary or an Assist mt Secretary undet their respective designations 9 he signature of such officers in ty be engraved printed or lithographed The signature of each of the foregoing officers and the seal of the Company may be hfttxed by f ¢simile to any Power of Attorney or to any certificate relating thereto appointing Attorney(s) in Fact for purposes only of executing and uiesnng bonds and undertakings and other writings obligatory in the nature thereof and subject to any limitations set forth thereat any such Power of Attorney to cei nficate hearing such facsimile signature of facsimile seal shall be valid and binding upon the Company and any such power so exe cuted and certified by such facsimile signature and facshmde seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is validly atlsched and RESOLVFD FURTHER, that Attomay(s) in Fact shill have the power and authority and in any case subject to the terms and limitations of the Power of Aromey issued them to execute and dehvei on It .h ill of the Company aid to attach the seal of the Company to any and all bonds and undertakings and other writings obligatory in the n can, thecof and my Such urstrumam executed by such Attomey(s) in Fact shall be as binding upon the Company is it signed by an FxecnthVL Officer and , d d and atcstcd m by the Scerel try of the Company 1 Thom is E Hu bregtse Assist att Secret try of Se ibo rid Surety Comp my St Paul Fire and M urine Insurance Company St PSnI (,u inch in Insurance Company St P oil MCo my Insuh met, Comp my Umtr.d St ties Fidelity nrd Go it any Comp my Fidelity and Guar any Insunnce Company and Fidelity aid Go rarity Insurance Underwnteh s Inc do hwcby cchnty that the ibovc and foregoing is a true and correct copy of the Posses of Attorney executed by sod Companies which is in full force and efect and It is not been revoked IN PFSTIMONY WIIERFOF, I hereunto set my Is and this 6th day of _ November _ 2001 ✓ //M NS�U //~_�9 r 1" 927 n 3 ;1 jy,pnroN.o`L) :ys uN'aNwNm C97 xcanvatno 4 w� rM n Sk al '! �} SEAL t 1wa � Thomas Huhbregtsc Assist in[Sechctuy Fi To verify the authenticity of this Power of Itmincy call 1 800 421 3880 and askforthe Power of Attorney clerk Please refer to the Power of Attorney number, the abate named md,viduals and Use details of the bond to which the power rf atadred'' 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 Bemard/James 20•Inch Water Line Bid # 2722 CITY OF DENTON CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Bidder's attention is directed to the insurance requirements below It is highly recommended that bidders conferlwith 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 follo�ing 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 of 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 Beniard/James 20-Inch Water Lme Bid # 2722 CITY OF DENTON 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 POLICYSHALL NOT BE CANCELLED, NONRENEWED OR MATERMLLY CHANGE WITHOUT 30 DAYS ADVANCED WRITTEN NOTICE BEING GIVEN TO THE OWNER (CITI) 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 Bemard/James 20-Inch Water Line Bid # 2722 CITY OF DENTON 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 mintmum 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 Bemard/James 20•Inch Water Lme Bid # 2722 CITY OF DENTON 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 negligent acts, errors or omissions in connection with this Agreement Builders' Risk Insurance per claim with respect to professional services is required under 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 Bemard/James 20-Inch Water Lme Bid # 2722 CITY OF DENTON 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 401011(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 Bemard/James 20-Inch Water Lme Bid # 2722 CITY OF DENTON (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 Bemard/James 201Inch Water Lme Bid # 2722 CITY OF DENTON (6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project, and (7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self - insured, with the commission's Division of Self -Insurance Regulation Providing false or m#sleadmg information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions K T) e 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 Bid #2722 — Bemard/James 20-Inch Water Line ACORD;. C RTIFI ATE OF LIABILITY INSURANCE PACE 1 OF � DATE(MM/DDfY PRODUCER 86463 Willis of Texas Inc THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE One Riverway HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Suite 900 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Houston TX 77056 COMPANIES AFFORDING COVERAGE (713) 961 3800 Karen Williams 19372-001 (HOUS) COMPANY Northern Insurance Company of New York A INSURED 19364-001 (HOUS) COMPANY B National Standard Insurance Company 26611-001 (HOUS) PATE BROTHERS CONSTRUCTION, INC 780 WEST MANSFIELD HW COMPANY Valiant Insurance Company KENNEDALE TX 76060 COMPANY D i{:pYEi1Af#E� £ THIS IS TO CERTIFY THAT 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 LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS CO LTA TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE(MM/DDIYY) POLICY EXPIRATION DATE (MMIDD/YV) LIMITS A GENERAL LIABILITY CON69551961 01JAN 2001 01JAN 2002 GENERALAGGREGATE $ 2,000,000 X PRODUCTS-0OMPOP AGO $ 2,000,000 COMMERCIALGENERIAy UIABWTY PERSONAL B AOV INJURY $ 1,000,000 CLAIMS MADE [ J OCCUR EACH OCCURRENCE $ 1,000.000 OWNER S A CONTRACTOR S PROT X FIRE DAMAGE (Any one fire $ 300 000 XCV MED EXP (Anyone arson 10.000 B AUTOMOBILE X LIABILITY ANVAUTO CON69651993 01JAN 2001 01JAN 2002 COMBINED SINGLE LIMIT $ 1 000 000 _ BODILY INJURY (Par Person) $ ALLOWNEDAUTOS SCHEDULED AUTOS X BODILYINJURY $ HIRED AUTOS X NON -OWNED AUTOS (Per accident) PROPERTY DAMAGE $ GARAGE LIABILITY AUTOONLV EAACCIDENT $ OTHER THAN AUTO ONLY ANY AUTO EACH ACCIDENT $ AGGREGATE A EXCESS LIABILITY CONS8200255 01JAN 2001 01JAN-2002 EACHOCCURRENCE $ 10,000,000 AGGREGATE $ 10 000 000 X UMBRELLA FORM OTHER THAN UMBREL FORM C WORKERS COMPENSATION AND C269551910 01JAN 2001 01 JAN 2002 OTH X WCS ATU ER EL EACH ACCIDENT $ 1,000,000 EMPLOYERS LIABILITY THE PARTNE SIEXE U X INCL PARTNERS/EXECUTIVE OFFICERS ARE EXCL EL DISEASE POLICY LIMIT $ 1 000 D00 EL DISEASE EA EMPLOYEE — 1,000,000 OTHER DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLESISPECIAL ITEMS SEE ATTACHED O$L;H'PW"'YEHO1LDEki OANOIELLA11dN DAPI111OkLwarflun"P"n' SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING COMPANY WILL X kWW)tO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT CITY OF DENTON KMFAKLaFMKINIKXXXAXNBXIMSKXDUNXNIOBO YM60KMXKUXWXWBRAIN(X% 901 B TEXAS STREET 01X XNXXANNOX X%UX XMXXBKNIWXIDKXXUMWWNWiXXIBBIXX our o ¢E RePRE � DENTON TX 76201 D 2SI 16S 0 10QK @ ACO AD CORPORATION 1868 Willis E DATE (MMIDD/YY) 13-NOV-2001 INSURED PRODUCER Willis of Texas Inc One Riverway Suite 900 PATE BROTHERS CONSTRUCTION, INC Houston TX 77056 780 WEST MANSFIELD HW (713) 961-3800 KENNEDALE TX 76060 Karen Williams t�+V#RAtiee s 'i THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOC 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 LIMITS MAY HAVE BEEN REDUCED BY PAID CLAIMS TYPE OF INSURANCE POLICY NUMBER I P..r. Y EwnnTiwE OLICY I PnsTP tuimnnAvw LIMITS DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS RE. Bernard/James 20" Water Line The above referenced policies have been endorsed to name City of Denton, its Officials, Agents, Employees and volunteers as Additional Insured on all policies except Worker's Compensation and provide Waiver of Subrogation on all policies if required by written contract Liability policies are primary to any other insurance. Said policy shall not be canceled, nonrenewed or materially changed without 30 days advanced written notice being given to the owner (City) except when the policy is being canceled for non-payment of premium in which case 10 days advance written notice is required The above referenced policies cannot be cancelled, non -renewed or materially changed without 30 days advance written notice being given to the owner, except 10 days for non-payment 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 SU$ROGATION 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 endorsement(s) DISCLAIMER This Certificate of Insurance does not constitute a contract between the insuring Insurer(s), authorized representative or producer, and the SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL 1900INW) I MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT CITY OF DENTON 901B TEXAS STREET DENTON TX 76201 DAT OF INSURANCE PAGE 3 op 3 n D13 NOV 201 INSURED ---- PRODUCER Willis of Texas, Inc One RlvenNay Suits 900 PATE BROTHERS CONSTRUCTION INC Houston TX 77056 780 WEST MAINSFIELD HW )713) 961-3800 KENNEDALE TX 76060 Karen Williams THIS IS TO CERTIFY THAT 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 LIMITS MAY HAVE BEEN REDUCED BY PAID CLAIMS EXIRAT TYPE OF INSURANCE POLICY NUMBER I POLICYDATEIMMIDDI PDA EYIMMPDDIV ON LIMITS certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. CITY OF DENTON 901BTEXAS STREET DENTON TX 76201 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL 010VAVO11XXe MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BN:OI KA N1INEXROI MMMK 1Bt00lN NRtGEXANa00X NNARBAI 81DXN NKNtl1Q NNA 7QIK KN�9AMR'A STATE OF TEXAS COUNTY OF DENTON RELEASE DISTRIBUTION OF FUNDS AND HOLD HARMLESS AGREEMENT PROJECT: City of Denton, Texas — Bernard/James 20-inch Waterline ("Project") OWNER: City of Denton, Texas ("City") CONTRACTOR: Pate & Pate, L.L.C. ("Contractor") SURETY: Fidelity and Guaranty Insurance Underwriters, Inc., a Wisconsin Corporation ("FGIU") PERFORMANCE BOND: Bid No. 2722 — Dated November 6, 2001 — Issued by Fidelity & Guaranty Underwriters, a Wisconsin Corporation PAYMENT BOND: Bid No. 2722 — Dated November 6, 2001 — Issued by Fidelity & Guaranty Underwriters, a Wisconsin Corporation AMOUNT OF BOND: $1,130,294.80 Remaining funds currently held by the City of Denton regarding the above Contract: $205,304.22 Less amounts billed by City of Denton incident to completion of the Contract: Raising valve boxes to grade (August 20, 2002 to January 2, 2003) $7,265.94 Street repairs incurred by the City of Denton (from September 20, 2002 to November 15, 2002) $13,995.99 $21,261.93 Net remaining available balance on Contract to be paid to FGN by the City, upon the execution of this Release, Distribution of Funds and Hold Harmless Agreement: $184,042.29 COVENANTS OF THE CITY OF DENTON AND FGIU INSURANCE 1. That City and FGIU agree that the Contractor, Pate & Pate, L.L.C. wholly abandoned its work on the Project in the month of August 2002. 2. That City and FGIU agree that the Contractor, Pate & Pate, L.L.C. did not finish the Project. The City and FGIU agree that FGIU came forward and pursuant to its contractual duties, as Surety, completed the Project. The City and FGIU also agree that the City spent some $21,261.93 in order to complete the Contract after Contractor's abandonment of the Project. FGIU is aware of the elements of that claim by the City, has received substantiation and documentation, and hereby authorizes that the City may be paid the sum of $21,261.93 as a reasonable sum, in reimbursement for amounts that the City spent to complete the Project, as stated above. 3. The City and FGIU agree that the City holds $205,304.22 in remaining funds owing on the Contract. The City and FGIU agree that the funds will be distributed by the City as follows: $184,042.29 payable to FGN in full and final satisfaction of payment of the City's obligation to FGN under the terms of the above stated Payment and 667147.2 Performance Bonds. The balance of $21,263.93 shall be retained by the City for completion expenses regarding the Contract. The City shall prepare an invoice for that amount and shall pay itself once it mails the check to FGIU's Texas attorneys, set forth below. 4. FGIU agrees to indemnify and to fully defend the city, and to hold the city, its officials, officers, employees, and assigns harmless from any claims, losses or liabilities whatsoever regarding obligations that are brought by anyone, including, without limitation, the contractor or its successors or assigns; any fiduciary respecting the contractor, his successors or assigns; any valid payment bond claims for unpaid work performed on the project; any claims brought respecting the contract proceeds by Madisonville State Bank, its successors or assigns, or others; and any valid payment bond claims brought by materialmen, for unpaid materials used or specially fabricated for the project. FGIU and the city each recognize that the likelihood of any such claim(s) being brought against the city on the contract is remote, considering the facts and the applicable Texas statutes of limitation. Provided, however, that this indemnity and agreement to defend will in no event exceed $184,042.29. 5. Other than those obligations created hereby, the City and FGIU, intend to fully settle and compromise any disputes or controversies that have arisen between them, by the execution of this Agreement. City shall transmit a check for the agreed -upon amount to Texas legal counsel for FGIU once it receives an itemized bill for $184,042.29 from FGIU and once this Release, Distribution of Funds and Hold Harmless Agreement is fully executed by FGIU and the City; City shall transmit the check payable to FGIU, within seven (7) days from the date of final execution of this Agreement, to FGHTs Texas legal counsel.. 6. FGIU and the City each agree that the following described individuals have the power and authority to legally bind them. EXECUTED on this the Z AID � day of V UAYE 2005. APPROVED AND AGREED: APPROVED AND AGREED: FIDELITY AND GUARANTY INSURANCE UNDERWRITERS, INC. By their agent: Ct. Paul Fire and Marine Insurance Company /Ir is ete Fjells d Its: t!i[A/M fl.WRf.CV ATTEST. j By ` APPROVED AS TO LEGAL FORM: CITY OF DENTON, TEXAS A Texas Municipal Corporation By: l � 1 � 06 AC7lNG STATTE: JENNIFER WALTERS, CITY SECRETARY a By: dtci Z�.rz. "' APPROVED AS TO LEGAL FORM: COATS ROSE YALE RYMAN LEE, P.C. EDWIN M. SNYDER, ACTING CITY ATTORNEY A Texas Professional Corporation By: Lk, V l� " �i1 "' i ((� By. S:\Our Documents\Contracts\05\FGIU Release and Indemnification Bernard -James Water Line.doc 667147.2