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2001-476
ORDINANCE NO aW l - �00 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF THE SHERMAN, PENNSYLVANIA, GREGG AND PONDER STREET PAVING PROJECTS, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2757 SHERMAN, PENNSYLVANIA, GREGG AND PONDER STREET PAVING PROJECT AWARDED TO JAGOE PUBLIC COMPANY IN THE AMOUNT OF $870,823 05) 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 2757 Jagoe Public Company $870,823 05 SECTION Il That the acceptance and approval of the above competitive bids shall not constitute a contract between the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, and insurance certificate after notification ofthe award of the bid SECTION III That the City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein SEgjQN IV That upon acceptance and approval of the above competitive bids and the execution of contracts for the public works and improvements as authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto SECTION V That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the 10 4 day of _P&V#,2001 ATTEST JENNIFER WALTEtRS,,, CITYSECRETARY W aQ "" A BY APPROVED AS TO LEG FORM HERBERT L P$,OUTY, TY ATTORNEY M BID 2757 - Shwm4n Dnvoytwtractual Ord / § § I � 0 R _ 2 0 0 75 � D � � 2 q w w � � � L 0 2 O (L k 3 c L � U ¢ 2 $ U) 2 2 L E w > � � » 2 LO \ < # � w 5 ƒ \ § \ § \ \ ■ \ & k & < c Q & z § La �e � � 8 k ƒ § § 2 / ¢ \ / _ » / ) \ / § § x= � � 8 § § § / w E \ ■ k a k k / \ ° a Q 0 _ § 8 G § a. z @ n ® 8 N w / $ $ ƒ / R / / g § < I $ _ 2 / @ § § \ C4 \ \ \ ° \ $ / » § A s a $ s to q \ \\ Q \ \ LLJ 2 k \ \ ƒ m S 2 ( $, � O_ b \ \ /_ co 2 \ \ 0 ¥ k > co k k ^ ® ■ R m p m Sherman Drive, Pennsylvania, Gregg Bid # 2757 CITY OF DENTON and Ponder Street Construction CONTRACT AGREEMENT STATE OF TEXAS COUNTY OF DENTON THIS AGREEMENT, made and entered into this 18a' day of December 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 Jagoe Public Company P 0 Box 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 #2757 Sherman Drive Pennsylvania, Gregg and Ponder Street Construction r in the amount of $870,823 05 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 Sherman Drive, Pennsylvania, Gregg Bid # 2757 CITY OF DENTON and Ponder Street Construction 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 Sherman Drive, Pennsylvania, Gregg Bid # 2757 CITY OF DENTON and Ponder Street Construction IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written c c ATTEST APPROVED AS TO FORM c1p r-C CITY ATTORNZY M. (SEAL) CONTRACTOR :.. MAILING ADDRESS PHON5ain nange 82-2581 Fax #(940) 382-9732 FAX NUMBER BY 4u _ P TITL CA-3 Z/(6 2ek t J-0 PRINTED NAME (SEAL) Sherman Drive, Penhsylvama, Gregg Bid # 2757 CITY OF DENTON and Ponder Street Construction October 27, 2001 CONTRACT DOCUMENTS Having examined the Proposal, General Instructions, Materials, Execution, Drawings, and Contract for (Bid # 2757) and Sherman Drive, Pennsylvania, Gregg and Ponder Street Construction and having exammed 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 Sherman Drive, Pennsylvania, Gregg and Ponder Street Construction for the following area &e A In words .e,Gh 1d w�(cra A; -k sry l l e s eP Fl ��a "r,j red f n4 .l et d dy&-� $ EF..e -e+*<' Sherman Drive Super C PG 76-22 Asphalt Overlay WORKDAYS 25 Days From 100 feet East of Locust to Hercules BID TABULATION SHEET 121 CONTRACTORS LS $'l000 oO/LS $ WARRANTIES AND 7 ouo o� UNDERSTANDINGS-1 Year Umt Pnce m Words S ewe i �ewsar d o(olla rs 121 Alt CONTRACTORS LS $ WARRANTIES AND UNDERSTANDINGS Year , Unit Price in Words .4,k4eC� f/��34 Alle..s Ze-e- 6-,afo 54 EMULSIFIED ASPHALT 72980 SY $ , P-9 /SY $ a./ TREATMENT Unit Pnce m Words Ze •o o{e/lai s v-, Fwsn+y c e is u. 5 7 2" SPECIAL TYPE C 9125 TN ASPHALT OVERLAY sa a Unit Price in Words �✓e. a ais p...c( SCveu� 6 7 2-A Adjust Manholes and Valves LS $ / o 0 /LS $ l OlJ Unit Price in Words oxe rho/% a -O( Zee sees 81 BARRICADES,WARNING LS $.,Soo &�/LS $�5ao oa SIGNS AND DETOURS Unit Price in Words L<n.ei Zer 102 Sherman Drive, Pennsylvania, Gregg Bid # 2757 CITY OF DENTON and Ponder Street Construction October 27, 2001 SP-39 PROJECT SIGNS 2 EA $ ljyp o° /EA $ 900 o 0 Unit Pnce in Words "ed FFp Qoo/%-,s � ze% Germs SP-45 Seal Structural Cracks-Craftco Polyflex Type 3 Sealant or Approved Equal 8500 LF $ YY /LF $ 3t�5 �° ' Unit Price in Words 2e�o dollo-�f r` Hai -� .� Leif SP-44 PROFILE MILL-2" 72980 SY $ d 65 /SY $7 'f 37, o 0 Unit Price in Words With One year Maintenance Bond-1 21 Project Total Cost = $ %$ Sg o With Two year Maintenance Bond-121 Alt Project Total Cost = $ q1 b, i 8 9, -7 6 103 Shetnan Dnve, Penmylvama, Gregg Bid # 2757 CITY OF DENTON and Ponder Street Constnrchon October 27, 2001 Pennsylvania Reconstruction Prol ect -- III 35E to Stoneg_ate BID TABULATION SHEET WORKDAYS 20 Days 121 CONTRACTORS LS $ 50 0 0 0/ LS $ WARRANTIES AND UNDERSTANDINGS year S o0 0 o Umt Pnce m Words f , ,/e otoll a,.s 4 Lux js 121ALT CONTRACTORS LS $/o 000 / LS $ WARRANTIES AND / 0 0 0 o ace UNDERSTANDINGS-2 year Umt Pnce in Words 22 CEMENT for vL73 TN $/oo oo /TN $ �7, 3d o b o STABILIZATION Umt Pnce in Words Ore k"A_d led de(lais -q4 2c�o 27 CEMENT STABILIZED SUBGRADE-6" 20,222 SY $ a 7 5- /SY $;r Umt Pnce m Words Zz �o 4 //,, ,es 2122 1 4" FRENCH DRAIN 500 LF $ #e So /LF Unit Pnce m Words poi yes t,r cP, llamas h,. d -�; �ls 3-B REMOVE CONCRETE CURB AND GUTTER 150 LF $ Unit Pnce m Words 5; u do/(ems %4 Z_, o e, +s 3 3 9" Bomag(Remix)Subgrade& 20,222 SY / a'/ /SY $� S 675 0 g Unclassified Excavation-3" Umt Pnce m Words a r-e da 1/4� a.tof / ->/ k,..- GcN1's 54 EMULSIFIED ASPHALT 20,222 1 SY $ , U6 /SY $ /� /3 3 a - TREATMENT Umt Pnce m Words Z��a do /r�s 5 i u, c.e w- 104 Sherman Drive, Pennsylvania, Gregg Bid # 2757 CITY OF DENTON and Ponder Street Construction October 27, 2001 57 2" TYPEC, 4"TYPEA FULL DEPTH ASPHALT 7p�0 TN $ 3679 /IN $�//5 530,00 Unit Price in Words 46/%.5 , f- Seve''l xr. e cewd'S 6 7 2-A Adjust Manholes and Valves LS $ %�/u °iLS Is %p-/o o n Unit Price in Words .,,� �-kb w3 tvr, P / / kwn-C�,r eL� a"o(e/%ss y' Zd�o 8 1 BARRICADES,WARNING SIGNS AND DETOURS LS $,45-00.014LS $,Z 5ob,ob Unit Price in Words zei° 82 CONCRETE CURB AND GUTTER 150 LF $ q 50 /LF $ /ya 5.00 Unit Price in Words SP-39 PROJECT SIGNS 2 EA $ v5° °"/EA $ 90 0 o 0 Unit Price in Words �ow r+✓ci� �, o(o� i ar d SP-44 PROFILE MILL-3" 20,222 Unit Price in Words ci With one year Maintenance Bond 121 Project Total Cost = $ ivy, (W71 a With two year Maintenance Bond 121 Alt Project Total Cost = $ 34 q b y1,-1D 105 Sherman Dnve, Pennsylvama, Gregg Bid # 2757 CITY OF DENTON and Ponder Street Construction October 27, 2001 Gregg Reconstruction Project- From Denton St to Amarillo St BID TABULATION SHEET UmtPncemWords WORKDAYS 20 Days 121 CONTRACTORS LS $ oa/LS /b°b $ WARRANTIES AND /, n n o, 0 0 UNDERSTANDINGS-2year Umt Pnce m Words o 2 2 CEMENT for STABILIZATION 40 TN $ I5 b b , $ 380 � � D Umt Price m Words ,�; wfi — �, a Q(o �Iwis 2c ce dt5 27 CEMENT STABILIZED 2475 SY $, 7 S /SY $/ g 5 p SUBGRADE — 6" Umt Pnce m Words Z.-.io A 11 o-s , Se ve 4j „e cgc -5 3-B tANEUTTER VE CONCRETE CURB 100 LIT$ 6.00 al $ 6 0 0 0 0 Umt Pnce m Words 5 u d o/)G�s 2e�o Levr# s 3-C REMOVE CONCRETE 90 SY $ /6 6(1 /Sy $ %b, o0 SIDEWALK, RAMPS AND DRIVEWAYS Unit Pnce m Words 4e. d jjl ",< 54 EMULSIFIED ASPHALT TREATMENT 2475 SY $ , /S /SY $ 371 a S— Unit PncemWords Zc,o 41)0ar5 - F en.Ge�.aS 5 7 2" TYPE C , 4" TYPE A 820 TN $ 3;Lo u ITN $ 26 aya o6 FULL DEPTH ASPHALT UmtPncemWords f/��/y-two dp/)O- S v42o-6 teetGs 106 Sherman Drive, Petmsylvanra, Gregg Bid # 2757 CITY OF DENTON and Ponder Sheet Construction October 27, 2001 6 7 2-A I Adjust Manholes and Valves LS $1 59 0 DILS $/ g 0 e o Unit Price in Words 81 BARRICADES,WARNING SIGNS AND DETOURS LS $�$o o� /LS $ a 5p 00 UmtPncemWords / r 42C- 8 2 7CONCRETE CURB AND GUTTER 100 LF $ q, -s0 Unit Price in Words nr,-4 004-'rs k (swfs SP-39 PROJECT SIGNS 2 EA $ 0,04 /EA $ /66 bb Unit Price in Words Fow �rdr d al �e rs zi SP-44 PROFILE MILIA" 2475 SY $ / 6 5 /SY $ 76' Umt Pnce m Words 0✓t C rho (��/ S 7<f > , Ce, 4 5 With one year maintenance Bond 121 Project Total Cost = $ `%a 03 + 3S With two year maintenance Bond 121 Alt Project Total Cost = $ 107 gliermen Drive, Pet mylvanta, Gregg Bid # 2757 and Ponder Street Construction Ponder Reconstruction Project- From Oak to Scnpture BID TABULATION SHEET CITY OF DENTON October 27, 2001 WORKDAYS 20 Days 121 CONTRACTORS LS $ f Ooo u7 / LS $ WARRANTIES AND UNDERSTANDINGS-1year Unit Pnce m Words 0 Zee 121 CONTRACTORS LS $ /LS $ WARRANTIES AND a' 000,00 UNDERSTANDINGS-2year Unit Pnce in Words 22 CEMENT for 47 TN $ /60 (3v STABILIZATION Unit Pnce in Words 0 / ,InNae Stl 7e�, /.A+-, 27 CEMENT STABILIZED SUBGRADE-6" 2926 SY $ 0 -7'5- Unit Pnce m Words 'Zcro d o 1),,s 4, -(-eve. 6e4s 3-B REMOVE CONCRETE CURB 1,195 LF �$,a.or, /LF $,- 3 9 p oa AND GUTTER Unit Price m Words -two d, J l o is 7ri� GeS 3-C REMOVE CONCRETE SIDEWALK, RAMPS AND DRIVEWAYS 564 SY $ d oo /SY $ y Oo �' 3 $ Umt Price m Words S�d,Il��s�7ti�oe�ds 54 EMULSIFIED ASPHALT 2926 SY $�3k71b 'TREATMENT Umt Pnce m Words 57 2" TYPE C , 4" TYPE A 86q TN $ 3 6 79 /TN $.96,, N7 9, NU FULL DEPTH ASPHALT Unit Price mWords E/sr�y 4/% 4 Sew 108 Sherman Drive, Pennsylvama, Gregg Bid # 2757 CITY OF DENTON and Ponder Street Construction October 27, 2001 6 7 2-A Adjust Manholes and Valves I LS $ �L, goc'LS 1 $ 3 G$5 ozo Unit Price in Words �- zeft> as 81 BARRICADES,WARNING SIGNS AND DETOURS LS $ aS6,o e /LS $ Unit Price mWords two sr ; dof)ass �2cry 82 CONCRETE CURB AND GUTTER 1195 Unit Price inWords SP-39 PROJECT SIGNS 2 EA $ 450,00 /EA $ 9pp oc� Unit Price in Words SP-44 PROFILE MILL-6" Unit Price in Words a �a /la✓ ; x -� Ge"af3 With one year maintenance Bond 121 Project Total Cost = $ 0 With two year maintenance Bond 121 Alt Project Total Cost = $ 6a o 51. y b rw.:„—14k"-IProjectTotalCost= $��" �2S�,3�3,05 k MATERIALS $ s. or 9 8 S. a� LABOR A4-�4c'J ry s l casts $ 33T, SY7,SU TOTAL .t 11, &d- 6e-47 $ EXAMINATION OF SITE By signing 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 109 Sherman Drive, Pennsylvania, Gregg Bid # 2757 CITY OF DENTON and Ponder Street Construction PERFORMANCE BOND STATE OF TEXAS COUNTY OF DENTON BOND NO 11W595840 KNOW ALL MEN BY THESE PRESENTS That Jagoe Public Company whose address is P O Box 250 Denton TX 76202 hereinafter called Principal, and —Al 4nrIAmFn UNITY CORPORATION a corporation organized and existing under the laws of the State of California 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 Eight Hundred and Seventy Thousand, Eight Hundred and Twenty Three Dollars and Five Cents( $870,823 05 ) 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 Tins 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- 476, with the City of Denton, the Owner, dated the 18a' day of December A D 2001, a copy of which is hereto attached and ve made a part hereof, for Bid #2757 Sherman Dri, Pennsylvania, Gregg and Ponder Street Construction i 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 two (2) years 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-1 Sherman Drive, Pennsylvania, Gregg Bid # 2757 CITY OF DENTON and Ponder Street Construction 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 copies, each one of which shall be deemed an original, this the 4 day of January 2002 ATTEST PRINCIPAL ATTEST JAGOE PUBLIC CORPORATION BY V 1(E- MESIDENT SURETY ASSOCIATED INDEMNITY CORPORATION 9j r Rosemary Weaver The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the processes 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's name ) PB-2 Sherman Drive, Pennsylvania, Gregg Bid # 2757 CITY OF DENTON and Ponder Street Construction PAYMENT BOND STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS That Jagoe Public Company , whose address is P O Box 250 Denton, TX 76202 hereinafter called Principal, and ASSOCIATED INDEMNITY CORPORATION a corporation organized and existing under the laws of the State of ra i i f nrni n , and fully authorized to transact business in the State of Texas, as Surety, are held and finely 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 Eight Hundred and Seventy Thousand, Eight Hundred and Twenty Three Dollars and Five Cents ($ 870,823 05) 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, finely 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 2001-476, with the City of Denton, the Owner, dated the 18`s day of December AD 2001 , a copy of which is hereto attached and made a part hereof, for Bid #2757 Sherman Drive, Pennsylvania, Gregg and Ponder Construction 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 matenal 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 wl�wl Sherman Drive, Pennsylvania, Gregg Bid # 2757 CITY OF DENTON and Ponder Street Construction 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 m4 copies, each one of which shall be deemed an original, this the 4 day of January , 2002 ATTEST PRINCIPAL JAGOE PUBLIC COMPANY BY � ' �• �) SECRETARY BY 1rE p Cyr' VtcE P SIDENT ATTEST I SURETY ASSOCIATED INDEMNITY CORPORATION BY pTTOosemRyEY-IIe�f ACT The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the processes 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) FIREMAN'S FUND INSURANCE COMPANY NATIONAL SURETY CORPORATION ASSOCIATED INDEMNITY CORPORATION THE AMERICAN INSURANCE COMPANY AMERICAN AUTOMOBILE INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS That FIREMAN'S FUND INSURANCE COMPANY a California corporation NATIONAL SURETY CORPORATION an Illinois corporation THE AMERICAN INSURANCE COMPANY a New Jersey corporation redomesticated in Nebraska ASSOCIATED INDEMNITY ion CORPORATION )does each a herebyappontrarROSEMARYAMERICAN WEAVER AUTOMOBILE AND JOHN R. STOCKTONaOFMissouri DALLASarTX (harem collectively called the Companies their true and lawful Atiorney(s) in Fact with full power of authority hereby conferred in then name place and ,lead to execute seal acknowledge and deh,el any and all bonds undcnnkmgs recogniza aces or other written obligations in the nature thereof — and to bind the Comp roles thereby as fully and to the samc extent a, if such bond, were signed by the Preside ll se led with the corporam seals of thL Conlp tine. and duly attested by the Companies Secretary hereby ratifying and Lonhrmmg ill that the ,rid Attorney(,1 in Fact max do in the premises This powel of attorney is granted under and by the authority of Article VII of the By laws of FIREMAN S FUND INSURANCE COMPANY NAI ZONAL SURETY CORPORATION THE AMERICAN INSURANCE COMPANY ASSOCIATED INDEMNITY CORPORATION and AMERICAN AUTOMOBILE INSURANCE COMPANY whlLh provisions are now in full force and effect This power of attorney Is signed and sealed under the authority of the following Resolution adopted by the Board of Directors of FIREMAN S FUND INSURANCE COMPANY NATIONAL SURETY AUTOMOBILE INSURANCE COMPANY at a meeting duly ORATION THE AMERICAN and helINSURANCEort en COMPANY on (he ASSOCIATED of March IT 9CORPORATION andsaideutio AMERICAN not been .,mended or rcpc tied RESOLVED that the signature of any Vice President Assistant Secretary and Resident Assistant Secretary of the Companies and the seal of the Companies may be affixed or printed on any power of attorney on any revocation of any power of attorney or on any certificate relating thereto by facslmde and any power of attorney any revocation of any power of attorney or cenduatc bearing such faesimde stimumre or faLCtmlle seal shall be valid and binding upon the Companies IN WILVESS WHEREOF the Companies have caused these 1p ese is to be signed by their Vice President and bait corporate seals rn be hereunto affixed this if day of DeCEmbeL gF.CTOgQ\\YMrlj Ca 4pt`w°o�..y�G,4O M1\'YN6„IfaN i, +.`OVOBII[INf yI SEAL 6EVipq]0 Ti � �yyLr 3 hLinOxO !�' � .w�� A�NCE�CO� G�AN�E'GO�Q JIlOUn Moe 6 tr Ma�unnmrM�� STATE OF CALIFORNIA ss FIREMAN S FUND INSURANCE COMPANY NATIONAL SURETY CORPORATION THE AMERICAN INSURANCE COMPANY ASSOCIATED INDEMNITY CORPORATION AMERICAN AUTOMOBILE INSURANCE COMPANY B) —41 vIs m:ream COUNTY OF MARIN On this 17 day of December 1998 before me personally came M A Mallonee tome known who being by me duly sworn did depose and say that he is a Vice President of each company described in and which executed the above instrument the[ he knows the seals of the said Companies that the seals affixed to the said instrument are such company seals, that they were so affixed by order of the Board of Directors of said companies and that he signed his name thereto by like order IN WITNESS WHEREOF I have hereunto set my hand and affixed my Official seal atL OCAMPO Commission# 1163726Notary Public - California _ Martin County Nov28 2001 the day and year herein first above wnuen / Nasu, Pubhe MVCcmm E%f�11511, CERTIFICATE STATE OF CALIFORNIA Ss COUNTY OF MARIN I the the f( and has mains in foil force nnot been re oked and furthermore that Secretaryof VIl company the yOlaws of each company andtheResolution n of the oing and tBoard of POWERached Directors orset ATTORNEY n he Power of Attorney are now in force f\ �I f C Signed and sealed at the County of Mann Dated the day of — an, Po;eyp�Xti iu Co vO�JnNS rG v M1�v�r��^i1Nrrrr 3 0&Is t \ e M1 4' 10 E M1 SEAL v \\\11YYYXLL G a 1J �r °+°'Resrdem AsasWm Secmmy bN<uud0 li~ �� ��- q�NCe seO�a `q�NCE^COw\ J mUU15 ulAea ls' u o L5 nnnnnar 360789 1198 Firemads Fund Fireman's Fund Insurance Company 1999 Bryan Street, Dallas TX 75218 RIDER To be attached to and form a part of Performance and Payment Bond No 11133595840 on behalf of JAGOE-PUBLIC COMPANY in favor of City of Denton Pursuant to Texas Revised Statutes HB 409 of the 2001 Legislative Session with an effective date of September 9, 2001 Claim Notices under this bond may be filed with Fireman's Fund Insurance Company CHICAGO SURETY CLAIMS 233 S Wacker Dr , Suite 2000 Chicago IL 60606-6581 Attn Surety Claims Telephone # 1-800-562-4221 Fax # 1-312-441-6581 You may contact the Texas Department of Insurance to obtain information on companies, coverage's, rights or complaints Their phone number is 1-800-252-3439 Signed, sealed and dated this 4 day of January, 2002 Associated Indemnity Corporation �n`�t;•,nD .4 Y Attorney-m-fact, R semary Weaver Sherman Drive, Pennsylvania, Gregg Bid # 2757 CITY OF DENTON and Ponder Street Construction 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 Sherman Drive, Pennsylvania, Gregg Bid # 2757 CITY OF DENTON and Ponder Street Construction 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 DAYSADVANCED WRITTENNOTICE BEING GIVEN TO THE OWNER (CIT19 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 Sherman Drive, Pennsylvania, Gregg Bid # 2757 CITY OF DENTON and Ponder Street Construction 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 Sherman Drive, Pennsylvania, Gregg Bid # 2757 CITY OF DENTON and Ponder Street Construction 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 Sherman Drive, Pennsylvania, Gregg and Ponder Street Construction [X] Worker's Compensation Governmental Entities A Definitions Bid # 2757 ATTACHMENT 1 Coverage for Budding CITY OF DFNTON or Construction Projects for 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 persons 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 Sherman Drive, PIpnnsylvania, Gregg Bid # 2757 CITY OF DENTON and Ponder Street Construction (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 Sherman Drive, Pennsylvania, Gregg Bid # 2757 CITY OF DENTON and Ponder Street Construction 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 Bid 2757 — Sherman Drive, Pennsylvania, Gregg and Ponder Street Construction to 1/25/02 Time 11 08 AM To CHRISTY @ 349-7302 Page 003-004 AC ORR CERTIFICATE OF LIABILITY rAaoueeR 940)382.9691 FAX 940)243-10 0 Ramey a King Insurance $30 South I-35E, Suite A Denton, TX 76205-7829 INSURA CE ore ONLY AND HIS CER8 R0 HTB SUPONT MB CERTIFICATE XOLDER THIS CER71flCA a DGaa NOT AMEND EXTLPND OR ALTER THE COAP a FORDED BY THE POt,ICIBS BUOW INSURER AFFORDING COVERAGE raum 3agoa Public Conpany, a Bill Cheek P 0 Box 2$0 Denton, TX 76202 INSINeaw Trave are e Wallwe Phoenix In urance nauRERC Travelers nsurance Co RSAepO Travelers IndennitY.DT Amaric NeAERE COVERAGES THE POLICIEeOfI LISTED aELOWNAVE SSBN 18WEDTO THE INSURED ANYREOUIREMENT, T MOROMDITMNOFANYCONTRACTOROTHRRDOCUMENT"r$i MAPPER THE BMo BA"ORDED By THE HOPRIINLYHAVE BEEN 1156 DUS EYUDHORAIMB NAMED ABOVE FOR THE POLICY P8R100 INDICATED NpTWITHeTANDINO RESPECT TOWFSCH THIS CERTIFICATE MAY S8184UED OR SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH A iMSaF awnwLaaLm X COWAM W.OPWAI.UBIUT' CLAWS MAN! ©OCgR POLI I MSM 1D227A 1D OS/2001 10/01 2002 Laare EACHoccwRENCE F 1 1 000 FIRE DAMME(AryaMM) a 100 LED ERP IAAY �RMb^1 $ 5 PERSOWLLeAMPIAMY OEreRA AOMOATB OENL AGGREGATE LIMB APPLES PEA PRODUCTe COWA1P Aqa POLICY P Lac X ANr A1R0 P49102293 10/01/2001 10/O1 002 COMSSaDSINGLE LAW CEO Yaddt) q2W*O AJLOYAa0ALMS SGDEY UNARY PAncAI a 30EMADALPOS HIRED AUM NONOYAE0 AtR08 BODILYR M IPu RadARG S (PPR DAMAGES OAMeE LIAKITY AII700MY EAACCOW S OTHER 7HNJ EAACC NlfO OI<Y Alp P ANY AWO I C MUMS LIABLAY X occut CLAW MADE P 102291 SO ol/2001 10/01/I002 FACH OCCURROCE P S OD0 AGGREGATE J E S 000 OOC IS DEDUCIBLE P Riinxn N e wORNMe eoWSNA,ION AND aMLCMRe LJAeL 102Is8 107FIT200, 10/01/2002 r El EACHACCOeer 1 1 000 D EL dSEA6H EASLMOY { 1 OOO ELDIWASE POLICYUMO T 1 D00 OTIaR J —5—V City of Denton, Ira oifldels, agents,, employees d volunteers are shown s�adadrdonal Insured. Certificate holder is shown as additional Insured Walver of Subrogadon Is Issued In favor of City of Denton Re Sherman Wye, Penneylvark Gregg 8 Pander Street Dondridon _. field poll be a�CMle74grn a meterlNly arLerpea vemdn CRy of Denton aD adv wmten r 0doe m the Owner, awoept when the 901B 7exee Stfeet le being Ilad far nonpremium, In wAdcf one 10 Donlon, Tx T8$01 days^ Icroqulred James to 1/25/02 Time 11 08 AM To CHRISTY @ 349-7302 Page 004-004 IMPORTANT If the Certificate holder is an ADOMONAL INSURFA, the polloyoss) must be endorsed A statement on this cerdfloste does not confer rights to the c6dill"te holder in lieu of such andorsamw*B) M SU$ROOAMON IS WAIVED sub)eat to the terms and conditions of the Pohey oertam policies may require an endorsement A statement on this cerdlicate does not confer rights to the COMIcate holder in lieu of such andursement(s) DISCLAIMER The Ceflificsie of Insurance on the reverse side of this form does not oonatitute a contract between the Issuing Insurer(s), authorized representative or Producer, and the certlflcate holder, nor does it effirmstivsly or negatively amend, witend or alter the ccveraga afforded by the Policies listed thereon