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HomeMy WebLinkAbout2006-051 ORDINANCE NO. ;D66-051 AN ORDINANCE APPROVING A JOB ORDER CONSTRUCTION CONTRACT THROUGH AN INTERLOCAL AGREEMENT WHICH THE CITY OF DENTON, TEXAS HAS WITH DENTON COUNTY, TEXAS, WITH JAMAIL CONSTRUCTION COMPANY FOR THE DESIGN-BUILD CONSTRUCTION OF A HOUSEHOLD HAZARDOUS WASTE BUILDING PROCESSING CENTER AT THE DENTON LANDFILL; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; PROVIDING AN EFFECTIVE DATE (FILE 3465;NOT-TO-EXCEED $572,793). WHEREAS, pursuant to Court Order 03-0586, Denton County, Texas has solicited, received and evaluated competitive sealed proposals for building construction and remodeling services in accordance with the procedure of state law on behalf of the City of Denton pursuant to an Interlocal Agreement between the City and the County dated October 20, 1998 (the "Interlocal Agreement"); and WHEREAS, Jamail Construction Company was selected as the offeror providing the best value based on the selection criteria contained in the request for competitive sealed proposals; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that a construction contract be awarded under the Interlocal Agreement to Jamail Construction Company for the design and building of a Household Hazardous Waste Building Processing Center; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the proposed expenditures;NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference. SECTION 2. In accordance with the Interlocal Agreement the City Council approves the design-build contract with Jamaii Construction Company for the construction of a Household hazardous Waste Building Processing Center at the Denton Landfill for a not to exceed amount of$572,793 as more particularly described in Exhibit "A" attached hereto and made a part hereof by reference(the"Budget"). SECTION 3. By the acceptance of the Budget, the City accepts the prices submitted by Jamail Construction Company to Denton County contained in the competitive sealed proposal documents and related documents filed with Denton County, which prices are set forth in the Budget. SECTION 4. The City Council hereby authorizes the City Manager, or his designee to enter into an agreement with Jamail Construction Company consistent with this approval and is hereby authorized to make the expenditures provided for herein, and to make such change orders (not to exceed $25,000)he may later deem advisable. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this_ day of 12006. LU1..[I .E BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CI T ATTORNEY BY: Page 2 \\Ch-asWOLI\shared\dept\fin\Agenda Item Shared\2006 Agenda Folders\February 2006\Fcbruary 7-2006\File 3465-Household Ilazardous Waste Facility\5-ORD-File 3465.DOC Exhibit A CITY OF DENTON HOME CHEMICAL COLLECTION and PROCESSING CENTER ROUGH ORDER OF MAGNITUDE CSI Iltern Ldni Unit PriceT Total Notes Road,Parking,Site Work 1 Civil,surveyand site plans 1 Isum 49,000.001 $49,000 11 Testing, permitting 1 ]sum 4,200.00 $4,200 2 General Conditions 12 wk 3,000,00 $36,000 2 Sitework 5000 sf 1.00 $5,000 3 Asphalt and striping 11640 sf 1 10,00 $116,400 1'thick, High strength 3 Concrete Driveway and Parking 8000 sf 5.00 $40,000 6"thick,striping 11 Landsca e 1 Isum 1 10,000.00 $10,000 Subtotal $260,600 Building 3 Concrete Slab 3600 sf 1 7.00 $25,200 3 Foundation Grade Beams 32 cy 1 175.00 $5,600 4 Split Face and smooth CMU Block 3451 sf 1 9.50 $32,785 6 Wood Composition Joists 800 If 1 3.00 $2,400 6 Wood Deck&Subfloor 1200 sf 2.00 $2,400 6 Millwork 10 If 150.00 $1,500 7 Insulation 1283 sf 1.50 $1,925 8 Doors& Hardware 5 doors 1,250.00 $6,250 8 Storefront Windows and Doors 450 st 80.00 $36,000 9 CeilingTile 1100 sf 3.50 $3,850 9 Paint CMU and s/r 3653 sf 2.00 $7,306 9 2 part Epoxy paint,floors 2330 sf 3.00 $6,990 9 Gyp Ceiling 256 sf 5.50 $1,408 9 Rubber Base 840 if 2.00 $1,680 9 Terrazzo 1200 sf 20.00 $24,000 10 Restroom Accessories 5 ea 200.00 $1,000 10 Card Access for Ent doors 6 ea 1,200.00 $7,200 13 Metal gate , ladder 1 ]sum 18,000.00 $18,000 13 Bollards 10 each 400.00 $4,000 13 Metal Building 1 Isum 48,000.00 $48,000 15 HVAC w/Ductwork 5 ton 2,000.00 $10,000 15 Plumbing Fixtures 4 ea 1,250.00 $5,000 15 Plumbing Rough In Sup 1 & Qrain 300 If 65.00 $19,500 Plumbing to 60'Outside of Building 16 4"Conduits electric service 150 if 80.00 $12,000 Conduit to existing transformer 150' 16 Oscillating Wall Fans 3 ea 600.00 $1,800 16 Light Fixtures Exterior 6 ea 450.00 $2,700 16 Light Fixtures Interior 25 ea -300.00 $7,500 Sodium and flourescents 16 Main Power Distribution 1 Isum 7,000.00 $7,000 16 Receptacles 20 ea 250.00 $5,000 M 10 ea 300.00 $3,000 1 ea 1,200.00 $1,200 Subtotal $312,193 rand Total : $572,793 � C�t.l7 CONTRACT AGREEMENT STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT, made and entered into this 7 day of February A.D., 200�, by and between City of Denton of the County of Denton and State of Texas, acting through Howard Martin thereunto duly authorized so to do, hereinafter termed "OWNER," and Jamail Construction Corn an 2009 1081h St Ste 905 Grand Prairie TX 75050 of the City of Grand Prairie, County of Dallas 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: File 3465-Desi -Build Construction of Household Hazardous Waste Building Processing Center in the amount of$572,793 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 staff and Jamail Construction Company �� all of-,Which are referenced herein and made a part hereof and collectively evidence and constitute the entire contract. u M rZ._ CA-1 E 1 Independent Status It is mutually understood and agreed by and between City and Contractor that Contractor is an independent contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas, for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, worker's compensation, or any other City employee benefit. City shall not have supervision and control of Contractor or any employee of Contractor, and it is expressly understood that Contractor shall perform the services hereunder according to the attached specifications at the general direction of the City Manager of the City of Denton, Texas, or his designee under this agreement. Indemnification Contractor covenants and agrees to and does hereby indemnify, hold harmless and defend, at its own expense, Owner, its officers, servants and employees, from and against any and all claims or suits for property loss or damage and/or personal injury, including death, to any and all persons, of whatsoever kind or character, whether real or asserted, arising out of the Work and services to be performed hereunder by .Contractor, its officers, agents, employees, subcontractors, licensees or invitees, whether or not caused, in whole or in part, by the alleged negligence of the officers, servants, employees, of the Owner. Contractor likewise covenants and agrees to, and does hereby, indemnify and hold harmless Owner during the performance of any of the terms and conditions of this Contract, whether arising out of in whole or in part, any and all alleged acts-or omissions of officers, servants, or employees of Owner. The provisions of this paragraph are solely for the benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other person or entity. Choice of Law and Venue This agreement shall be governed by the law of the State of Texas and venue for its construction and enforcement shall lie in the courts of Denton County, Texas. The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in written notice to commence work and complete all work within the time stated in the Proposal, subject to such extensions of time as are provided by the General and Special Conditions. The OWNER agrees to`pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the Contract. CA-2 IN WITNESS WHEREOF, the parties of these presents have executed this agreement in th year and day first above written. ATTEST: City of Denton OWNER AA I I BY: (SEAL) A 1 � _ O CTOR ous�oa i -,Mo MAILING ADDRESS PHONE NUMBERS ` J ? r 199 f FAX NUMBER BY: ?- TITLE �2c-66P,l Sm ll—�4 APPROVED TO RM: PRINTED NAME (SEAL) CITY ATTORNE�j CA- 3 PERFORMANCE BOND STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That Jamail Construction Com an ✓ Whose address is 2009 108'h St. Ste 905 Grand Prairie TX 75050 hereinafter called Principal, and , a corporation organized and existing under the laws of the State of 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_Five Hundred Seventy Two Thousand Seven Hundred Ninety Three and 0/100 DOLLARS 572 793 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 2006-051, with the City of Denton, the Owner, dated the 7 day of February A.D. 2006, a copy of which is hereto attached and made a part hereof, for File 3465 Design-Build Construction of Household Hazardous Waste Building Processing Center. NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill all of the undertakings, covenants, terms, conditions and agreements of said Contract in accordance with the Plans, Specifications and Contract Documents during the original term thereof and any extension thereof which may be granted by the Owner, with or without notice to the Surety, and during the life of any guaranty or warranty required under this Contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby waived; and, if the Principal shall repair and/or replace all defects due to faulty materials and workmanship that appear within a period of one (1) year from the date of final completion and final acceptance of the Work by the Owner; and, if the Principal shall fully indemnify and save harmless the Owner from all costs and damages which Owner may suffer by reason of failure to so perform herein and shall fully reimburse and repay Owner all outlay and expense which the Owner may incur in making good any default or deficiency, then this obligation shall be void; otherwise, it shall remain in full force and effect. PB - 1 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 day of ATTEST: PRINCIPAL BY: SECRETARY BY: PRESIDENT ATTEST: SURETY BY: BY: ATTORNEY-IN-FACT The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is: NAME: 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 PAYMENT BOND STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That Jamail Construction Company whose address is 2009108`h St. Ste 905 Grand Prairie, TX 75050 , hereinafter called Principal, and , a corporation organized and existing under the laws of the State of , 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 Five Hundred Sevepty Two Thousand Seven Hundred Ninety Three and 0/100 DOLLARS ($572,793) 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 2006-051, with the City of Denton, the Owner, dated the 7 day of February A.D. 2006 , a copy of which is hereto attached and made a part hereof, for File 3465 Design-Build Construction Of Household Hazardous Waste Building Processing Center. 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. PB - 3 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 _ copies, each one of which shall be deemed an original, this the day of , ATTEST: PRINCIPAL BY: SECRETARY BY: PRESIDENT ATTEST: SURETY BY: BY: ATTORNEY-IN-FACT The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is: NAME: STREET ADDRESS: (NOTE: Date of Payment Bond must be date of Contract. If Resident Agent is not a corporation, give a person's name.) PB-4 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 tht project. Contractor may, upon written request to the Purchasing Department, ask for clarification of any insurance requirements at any time; however, Contractors are strongly advised to make such requests prior to bid opening, since the insurance requirements may not be modified or waived after bid opening unless a written exception has been submitted with the bid. Contractor shall not commence any work or deliver any material until he or she receives notification that the contract has been accepted, approved, and signed by the City of Denton. All insurance policies proposed or obtained in satisfaction of these requirements shall comply with the following general specifications, and shall be maintained in compliance with these general specifications throughout the duration of the Contract, or longer, if so noted: • Each policy shall be issued by a company authorized to do business in the State of Texas with an A.M. Best Company rating of at least A. • Any deductibles or self-insured retentions shall be declared in the bid proposal. If requested by the City, the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, its officials, agents, employees and volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. • Liability policies shall be endorsed to provide the following: •• Name as additional insured the City of Denton, its Officials, Agents, Employees and volunteers. •• That such insurance is primary to any other insurance available to the additional insured with respect to claims covered under the policy and that this insurance applies separately to each insured against whom claim is made or suit is brought. The inclusion of more than one insured shall not operate to increase the insurer's limit of liability. • All policies shall be endorsed to read: "SAID POLICY SHALL NOT BE CANCELLED, NONRENEWED OR MATERIALLY CHANGE WITHOUT 30 DAYS ADVANCED WRITTEN NOTICE BEING GIVEN TO THE OWNER (CITY) EXCEPT WHEN THE POLICY IS BEING CANCELLED FOR NONPAYMENT OF PREMIUM IN WHICH CASE 10 DAYS ADVANCE WRITTEN NOTICE IS REQUIRED': • Should any of the required insurance be provided under a claims-made form, Contractor shall maintain such coverage continuously throughout the term of this contract and, without lapse, for a period of three years beyond the contract expiration, such that occurrences arising during the contract term which give rise to claims made after expiration of the contract shall be covered. • Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit providing for claims investigation or legal defense costs to be included in the general annual aggregate limit, the Contractor shall either double the occurrence limits or obtain Owners and Contractors Protective Liability Insurance. • Should any required insurance lapse during the contract term, requests for payments originating after such lapse shall not be processed until the City receives satisfactory evidence of reinstated coverage as required by this contract, effective as of the lapse date. If insurance is not reinstated, City may, at its sole option, terminate this agreement effective on the date of the lapse. SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: All insurance policies proposed or obtained in satisfaction of this Contract shall additionally comply with the following marked specifications, and shall be maintained in compliance with these additional specifications throughout the duration of the Contract, or longer, if so noted.- [X] A. General Liability Insurance: General Liability insurance with combined single limits of not less than $ 500,000 shall be provided and maintained by the Contractor. The policy shall be written on an occurrence basis either in a single policy or in a combination of underlying and umbrella or excess policies. If the Commercial General Liability form (ISO Form CG 0001 current edition) is used: • Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual liability covering this contract and broad form property damage coverage. • Coverage B shall include personal injury. • Coverage C, medical payments, is not required. If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) is used, it shall include at least: • Bodily injury and Property Damage Liability for premises, operations, products and completed operations, independent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures. • Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability. [X] Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than $300,000 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 I10.110 of the Texas Worker's Compensation Commission (TWCC). [ ] Owner's and Contractor's Protective Liability Insurance The Contractor shall obtain, pay for and maintain at all times during the prosecution of the work under this contract, an Owner's and Contractor's Protective Liability insurance policy naming the City as insured for property damage and bodily injury which may arise in the prosecution of the work or Contractor's operations under this contract. Coverage shall be on an occurrence basis, and the policy shall be issued by the same insurance company that carries the Contractor's liability insurance. Policy limits will be at least combined bodily injury and property damage per occurrence with a aggregate. [ ] Fire Damage Legal Liability Insurance Coverage is required if Broad form General Liability is not provided or is unavailable to the contractor or if a contractor leases or rents a portion of a City building. Limits of not less than . each occurrence are required. [ ] Professional Liability Insurance Professional liability insurance with limits not less than per claim with respect to negligent acts, errors or omissions in connection with professional services is required under this Agreement. [ ] Builders' Risk Insurance Builders' Risk Insurance, on an All-Risk form for 100% of the completed value shall be provided. Such policy shall include as "Named Insured" the City of Denton and all subcontractors as their interests may appear. [ ] Commercial Crime Provides coverage for the theft or disappearance of cash or checks, robbery inside/outside the premises, burglary of the premises, and employee fidelity. The employee fidelity portion of this coverage should be written on a "blanket" basis to cover all employees, including new hires. This type insurance should be required if the contractor has access to City funds. Limits of not less than each occurrence are required. [ ] Additional Insurance Other insurance may be required on an individual basis for extra hazardous contracts and specific service agreements. If such additional insurance is required for a specific contract, that requirement will be described in the "Specific Conditions" of the contract specifications. ATTACHMENT 1 [X] Worker's Compensation Coverage for Building or Construction Projects for Governmental Entities A. Definitions: Certificate of coverage ("certificate")-A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC- 81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in §406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any overage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the Contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain from each other person with whom it contracts, and provide to the contractor: (a) a certificate of coverage, prior to the other person beginning work on the project; and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (b) 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 provision; is a breach of contract by the contractor which entitles the governmental entity t' declare the contract void if the contractor does not remedy the breach within tin days after receipt of notice of breach from the governmental entity. Exhlbit A CITY OF DENTON HOME CHEMICAL COLLECTION and PROCESSING CENTER ROUGH ORDER OF MAGNITUDE CSI I Item I Qntyl unitl Price I Total Notes Road,Parking,Site Work 1 ICivil,Survey and site plans 1 Isum 49,000.00 $49,000 1 Testing,permitting 1 Isum 4,200.00 $4,200 2 General Conditions 12 wk 3,000.00 $36,000 2 Sitework 5000 sf 1.00 $5,000 3 Asphalt and striping 11640 sf 10.00 $116,400 1'thick,High strength 3 Concrete Driveway and Parking 8000 1 sf 1 5.00 $40,000 6"thick,striping 11 Landsca e 1 jIsum 10,000.00 $10,000 Subtotal $260,600 Buildin 3 Concrete Slab 3600 sf 7.00 $25,200 3 Foundation Grade Beams 32 cy 175.00 $5,600 4 Split Face and smooth CMU Block 3451 sf 9.50 $32,785 6 Wood Composition Joists 800 If 3.00 $2,400 6 Wood Deck&Subfloor 1200 sf 2.00 $2,400 6 1 Millwork 10 1f 150.00 $1,500 _ 7 Insulation 1283 sf 1.50 $1,925 8 Doors&Hardware 5 doors 1,250.00 $6,250 8 Storefront Windows and Doors 450 sf 80.00 $36,000 9 Ceiling Tile 1100 sf 3.50 $3,850 9 Paint CMU and s/r 3653 sf 2.00 $7,306 9 2 part Epoxy aint,floors 2330 sf 3.00 $6,990 9 Gyp Ceiling 256 sf 5.50 $1,408 9 Rubber Base 840 If 2.00 $1,680 9 Terrazzo 1200 sf 20.00 $24,000 10 Restroom Accessories 5 ea 1 200.00 $1,000 10 Card Access for Entry doors 6 ea 1,200.00 $7,200 13 Metal qate , ladder 1 Isum 18,000.00 $18,000 13 Bollards 10 each 400.00 $4,000 13 Metal Building 1 Isum 48,000.00 $48,000 15 HVAC w/Ductwork 5 ton 2,000.00 $10,000 15 Plumbing Fixtures 4 ea 1,250.00 $5,000 15 Plumbing Rough In SuppjT& Drain 300 If 65.00 $19,500 Plumbing to 60'Outside of Building_ 16 4"Conduits electric service 150 If 80.00 $12,000 Conduit to existing transformer 150' 16 Oscillating Wall Fans 3 ea 600.00 $1,800 16 Light Fixtures Exterior 6 ea 450.00 $2,700 16 Light Fixtures Interior 25 ea 300.00 $7,500 Sodium and flourescents 16 Main Power Distribution 1 Isum 7,000.00 $7,000 16;Receptacles 20 ea 250.00 $5,000 16 Switches 10 ea 300.00 $3,000 16 Water Heater 1 ea 1,200.00 $1,200 Subtotal $312,193 Grand Total: $572,793 Attachment 2 Sign Card ttaadw ,I Cacti Reade' Asphalt Paving 131, 101' 3u N . Existing F'rnce Asphalt Paving 7. 8 Conrnae , Paving V concrefe Asphalt g Paving Paving D .. 20 - 60' w . I ConcretC Paving 34'4" 24' 131' Jamail Construction Site Plan ^ 1.0 228 McCarty,Bldg.81724.Houston,Texa-,77029 Scalc-1"—20' tl 713.842,1565_.Fax 713.670814 www.lanuitcomtructiun.cvm Home Chemical Collection and Procesming Center EXHIBIT I 0 N o a a a lot . r G C � Y U F� x& V O Q O O 6 W H E0 O 0 cn © i ® ��I I o ® I cm I is v = I O 1 U kq }, I FW 1 OI I 8rn a < O I O I a 19 i 6 au bA O e o 0 0 0 G ; b rev g G1 � zm .4 b rr-1 i UV " EXHIBIT 11 Bond No. 104646521 PERFORMANCE BOND STATE OF TEXAS § COUNTY OF DENTON § / KNOW ALL MEN BY THESE PRESENTS; That. amail Construction Whose address is 10 1 St. Ste 905 Grand Pra_Trip, TX 75050 hereinafter called Principal, and Travelers Ca alty And Surety ompan)h corporation organized and existing under the laws o e e%f Connecticut , 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 Five UAMidred Seventy,Two Thous d Seven Hundred Ninety Three gnd OII00 DOLLARS✓ (5572.793 us 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 Omer or Supplemental Agreement,which reduces the Contract price,decrease the penal sum of this Bond THE OBLIGATION TO PAY SAML is conditioned as follows: Whereas, the Principal entered into a certain Contract,identified by Ordinance Number 2006-051,with the City of Denton, the Owner, dated the 7 day of ivar AD 2006,"c y of which is hereto attached and made a part hereof, for pile 3465 Design-Build Construction of Household Hazardous waste Building cessi g Centei.J— 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 tern 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 agreeancnts of any and all duly authorized modifications of said Contract that may hereafter be made,notice of which modifications to the Surety being hereby waived;and,if the Principal shall repair and/or replace all defects due to faulty materials and workmanship that appear within a period of one (1) year from the date of final completion and final acceptance of the Work by the Owner; and, if the Principal shall fully indemnify and save harmless the Owner fiom all costs and damages which Owner may suffer by reason of failwe 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 **THE OBLIGATIONS OF THIS BOND SHALL BE LIMITED TO CONSTRUCTION SERVICES. ANY LIABILITY OR RESPONSIBILITI-FOR OR ARISING OUT OF THE DESIGN SERVICES IS SPECIFICALLY EXCLUDED.**,/ Bond No. 104646521 **THE OBLIGATIONS OF THIS BOND SHALL BE LIMITED TO CONSTRUCTION SERVICES. ANY LIABILITY OR RESPONSIBILITY FOR OR ARISING OUT OF THE DESIGN SERVICES 13 SPECIFICALLY EXCLUDED.**,./ PROVIDED FURTHER, that if any legal action be filed upon this Bond, occlusive 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 oz addition to the terms of'the Contract,oz to the Work to be pmfonmed thereunder,oz 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 pezforrned thereunder,or to the flans,Specifications,Drawings,etc This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Govennnent Code, as amended,and any other applicable statutes of the State of T exas 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 service of process may bo had in matters arising out of such suretyship,as provided by Artzc3e'_7 1 of the Inszzzance Coda,Vernon's Annotated Civil Statutes of the State of Fexas. F. IN WiINLSS WHEREOI~,this instrument is execated in 2 copies, each o l: hi �c1ir`= '`� F shall be deemed an original,this the 7th aay of February j's :era : AITEST: PRINCIPAL, a to Jamail Construction SECRETARY ,�y; V�(_Q PRESID - XX?Wt: Witness: S�L�A�TY i rave ers Casualty and Surety Company of America if Lupe Ta yo gy. ;j" .' 4 TTORNEY IN-FACT Kathleen M. Meeks The Resident Agent of the Surety in Denton County,Texas for delivery.of notice and sezvrc¢ s' process is: NAME: Travelers Casualty and Surety Company of America ` u ,° ' ' STREET ADDRPSS: 1301 E. Collins Boulevard, #340, Richardson, TX 75081f",� g�3";� :�`* ; (NOIB: Date of Pmfoimance Bond must be date of Contract If'Resident Agent is not a comporatron,give a pmon.s name) PB-2 �� f!U Bond No. 104646521 PAYMENT BOND STATE OF TEXAS § COUNTY OP DENTON § / KNOW ALL MEN BY TEESE PRESENTS: That Jamail Construction✓ _ whose address 's 2009 � Ste 05 Prau' and Trelers OSO hereinafter called Principal, -- — `-- as e= , corporation organized and existing under the laws of the State of Qpnnecticut , and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Demon, a municipal corporation organized and existing under the laws of the State of Texas,hereinafter called Owner,and unto all persons,fizzes,and corporations who may furnish materials for,or perform labor upon,the building or improvements hereinaftet referred to,in the penal sum, of ive H ed even T y oare Hu d Seven ndred Ninety Three_ 01100 DOLAR845572,793 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 '10 PAY SAUM is conditioned as follows: Whereas, t!10 papal entered into a certain Contract,identified by Ordinance Numb 2006-051,with the City of Denton, the Owner, dated the—Z` day of e u AD 2006✓a copy of which is barcito attached and made a part hereof, for Mle 65 Design-Build Construction Of Househr;td flazardous Waste Building Processing NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties and make prompt payment to all persons, fixms, 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,herebystipulates and aV=that no change, extension of time,alteration or addition to the teens 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 of addition to the terms of the Contract, or to the Work to he performed thereunder,or to the Plans,Specifications,Drawings,etc. PB-3 **THE OBLIGATIONS OF THIS BOND SHALL BE LIMITED TO CONSTRUCTION SERVICES. ANY LIABILITY OR RESPONSIBIYTY FOR OR ARISING OUT OF THE DESIGN SERVICES IS SPECIFICALLY EXCLUDED.** ,/ Bond No. 104646521 "THE OBLIGATIONS OF THIS BOND SHALL BE LIMITED TO CONSTRUCTION SERVICES. ANY LIABILITY OR RESPONSIBILITY FOR OR ARISING OUT OF THE DESIGN SERVICES IS SPECIFICALLY EXCLUDED." This Bond is given pursuant to the provisions of Chapter 2253 of the' Texas Govonrnent Code,as amftnded,and any other applicable statutes of the State of Texas. Ths undersigned and designated agent is hereby designated by the Suety herein as,,the Resident Agent in Denton County to whom any requisite notices may be delivered and on,"(a i . service of process may be had in matters arising out of such surety,as provided by Article 719-I of the hxumnce Code,Vernon's Annotated Civil Statutes of the State of Texas r ?� IN WPfNM WHEREOF, this instrument is executed irr cop es, each o fe°'af ah v shall be deemed an original,this the 7th day o£ bruar�,_2006 ,✓ ATTEST: PRINCIPAL, Jamail Construction - •'' ', � SECRETARY BY: . 1(Q PMID XXXMM Witness: STY Travelers Casualty and Surety Company of America z 1 , Lupe Tamayo B { ` " t 7B �4v PLRNEY-IN-FAC4 Kathleen M. Meeks /e • �:r , ,A�.r, the Resident Agent of the Surety in Denton County,Texas for delivery of notice and sav;c of process is.- NAME: Travelers Casualty and Surety Company of America SIREETADDRESS: 1301 E. Collins Boulevard, #340, Richardson, TX 75081 (NOTE. Date of Payment Bond must be date of Contract If Resident Agent is not a corporation, give a person's name) PII—4 Oc y Travel [[V PO RTANT NOTWE TO OBTAIN INFORMATION OR MAKE, A COMPLAINT: You may contact Travelers Casualty & Surety Company of America, Travelers Casualty & Surety Company,Travelers Indemnity Company, Standard Fire Insurance Company and/or Farmington Casualty Company for information or to make a complaint at: Travelers Bond Attn: Claims 1500 Market Street West Tower, Suite 2900 Philadelphia, PA 19102 (267) 675-3130 (267) 675-3 t02 Fax You may contact the Texas Department of Insurance to obtain the information on companies, coverages, rights or complaints at: Texas Department of Insurance P.O. Box 149104 Austin,TX 787(4-9104 (800) 252-3439 ATTACH THIS NOTICE TO YOUR BOND. This notice is for information only and does not become a part or a.condition of the attached document and is given to comply with Section 2253-021, Government Code, and Section 53.202, Property Code, effective September 1, 2001. TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA • . .tiilt.i .j:"+.r TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY Hartford,Connecticut 06183 9062 _ - POVVE�R.CF:PTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT - KNOW ALL r ' RSONSkiDY-`THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, •.> ;ItA'VELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, <,. corporations duly organized under the Iaws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hanford, State-of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do.by these presents make, constitute and appoint: William N. Burke, Michael J_ Herrod, Wen W_ Stuckey, Lupe Tomayo, Margaret Buboltz,Lisa A:Ward,Patti A.Ebarb,U.Theresa Gardner,Kathleen M.Mee and Nancy Thomas,of Houston,Texas,their true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States,the following instrumeni(s): by his/her sole signature and act,any and all bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies,thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Anorney(s}in-Fact, pursuant to the authority herein given,are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies,which Resolutions are now in full force and effect: VOTED: That the Chairman,the President, any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for'and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary. VOTED: That any bond,recognizance,contract of indemnity,or writing obligatory in the nature of a bond,recognizance,or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary,or(b)duly executed(under seal,if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile(mechanical or printed)under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereofk and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. (02-05)Unlimited IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused this instrument to be signed by their Senior Vice President and their corporate seals to be hereto affixed this 16th day of January, 2006. STATE OF CONNECTICUT TRAVELERS CASUALTY AND SURETY`COMPANY OF ANIERICA }SS.Hartford TRAVELERS CASUALTY AND SURETY COMPANY FARM[NGTON CASUALTY COMPANY COUNTY OF HARTFORD �.�. ��wosunEry ,TY ANpsG A. � L 11 a HARTFORD, < cz 1982 p By — COWL CONN. a sr 6 , George W. Thompson . r��' b, "� `' • '`� Senior Vice President On this l6th day of January, 2006 before me personally came GEORGE W. THOMPSON to me known, who, being by me duty sworn, did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the corporations described in and which executed the above instrument; that he/she knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; and that he/she executed the said instrument on behalf of the corporations by authority of his/her office under the Standing Resolutions thereof. �o� c .fi My commission expires June 30,2006 Notary Public Marie C.Tetreault CERTIFICATE I, the undersigned, Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, stock corporations of the State of Connecticut, DO HERESY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked; and furthermore,that the Standing Resolutions of the Boards of Directors, as set forth in the Certificate of Authority,are now in force. Signed and Sealed at the Home Office of the Company, in the City of Hartford, State of Connecticut. Dated this 7 th day of February 120 06 KMFORZ H RTFORD. d 1992 0 0oft ; 'm CONK o x • By Nicholas Seminara Senior Vice President .- � •. ; fin; .: � •r.� 1414N�U� iii1!��ii,1,:r, -_ O I`Q" DD .YYYY{ ACORD,� �E�RT # T 4 k1 I �SIwIaII'Y INS = CE �, oz/zs/zoo6 PRODUCER Aon Risk 5prvi�es of Texas,Inc THIS CERTIFICATE 1S ISSUED AS A MATTER OF INFORMATION ONLY • 1330 Post Oak Blvd. AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS Suite 900 CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE Houston IX• 77056-3089 USA COVERAGE AFFORDED BY THE POLICIES BELOW.' INSURERS AFFORDING COVERAGE NAIC# PHONE- 866 283=7124,`; FAX- 866 430-1035 ....... .........._,_. -, ._._.. -. .-.. ... ...-, INSURED - - - INSURER A: Texas Mutual Insurance Company 1 22945 wi1TiamS & Thomas, Inc. / INSURERB: . Admiral Insurance Company 24856 �«�'_• dba 7amail Construction ✓ 16875 Diana Lane Irby-r1/r INSURERC: American International specialty Lines 26883 Houston TX 77058 USA INSURERD: 'O INSURER E: o C ..: . GE x? "r"' d /k� 'rlafa m � - .� SRMa A i, f x THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDT POLICY EFFECT POLICY EXPIRATION LA111S LTR INS TYPE OF INSURANCE POLICY NUMBER DATE(MM\DDIYY) DA4E(RIM`DMVY) B ERALLIABILITY CA00000862501 02/28/0.6. 02/28/07 - EACH OCCURRENCE S1,000,000 ✓^ X COMMERCIAL GENERAL LIABILITY General Liability DAMAGE TO RENTED $50,000 rso(FA m CLAIMS MADE ® OCCUR PREMISES An oce one perso) o Excluded PERSONAL&ADV INJURY S1,000,000 oNp v GENERAL AGGREGATE $2,000,000 GENL AGGREGATE LIMIT APPLIES PER: r° PRODUCTS-COMWOP AGG $2,000,000 ,-{ ❑ POLICY ® Pp0- ❑ LOC O JECL O AUTOMOBILE LIABILITY - -' - COMBINED SINGLE LIMIT-ANY AUTO - -' (Eaaecident) .. ALL OWNED AUTOS - .. BODILY INJURY - �p SCHEDULED AUTOS - - " .. _..- - (.Per Person) - u L: HIRED AUTOS' BODILY INJURY NON OWNED AUTOS - (Per occident) C) PROPERTY DAMAGE (Per accidcm) GARAGE LIABILITY - AUTO ONLY-EA ACCIDENT ANY AUTO H OTHER THAN -EA ACC AUTO ONLY: AGG C EXCESS/UMBRELLALIABILITY BE9746206 02/25/06 EACH OCCURRENCE - S2.000,000 Umbrella Liability OCCUR � CLAIMS MADE AGGREGATE $2,OOO,000 Products/Comp ops 12,000,000 ®DEDUCTIBLE . RETENTION $10,000 A / TSF X WC STATU- OTH- WORKERS COMPENSATION AND workers Compensation R 1M _ EMPLOYERS'LIABH'17Y E.I.EACH ACCIDENT S11000.000 Y=_ ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBEREXCLUDED? EL DISEASE-EA EMPLOYEE $1,000,000 If yim dmfihe uoder SPECIAL PROVISIONS E-LDISEASE-POLICY LIMIT S1,000,000 below NFA OTHER 4 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS SEE ATTACHED: '� Y ti- City of Denton ✓ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION Attn: Tom Shaw DA zHEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 901-B Texas Street 30i7AYSWRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. Denton Tx 76209 USA BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE e ls,/ •ffiana , 4 s•xax L :'�:". = zfl er s " nr ' =` ,EICORD4CORPORWT16N,1988 EM ACORD•25; 20b1'IOS >", na� _ ter: Attachment to ACORD Certificate for Williams & Thomas, Inc. The terms, conditions and provisions noted below are hereby attached to the captioned certificate as additional description of the coverage afforded by the insurer(s). This attachment does not contain all terms, conditions, coverages or exclusions contained in the policy. INSURER INSURED williams & Thomas, inc. INSURER dba 7amail Construction 16875 Diana Lane INSURER Houston Tx 77058 USA INSURER INSURER ADDITIONAL POLICIES If a policy below does not include limit information,refer to the corresponding policy on the ACORD certificate form for policy limits. ADD'L POLICY NUMBER POLICY POLICY INSR TYPE OF INSURANCE POLICY DFSCRIPr1ON EFFECTIVE EXPIRATION LIMITS LTR INSAD DATE DATE DESCRIPTION OF OPERATIONS/LDCATIONSNEHICLES/EXCLUSIONS ADDED By ENDORSEMENT/SPECIAL PROVISIONS t o ding workers' Compensation and Employers' Liability as required by written contract but limited to the operations of the Insured under said contract, and always subject to the policy terms, conditions and exclusions. %_-�— waiver of subrogation is granted in favor of City of Denton with respects to the General Liability and Workers Compensation Policies as required by written contract but limited to the operations of the Insured under said contract, and always subject to the policy terms, conditions and exclusions. L� Certificate No: 570016856482 MA.RL31-2006 08:21 AON RISK SERVICES P.04 l" jv 'rt�avr r, 'cI�' i��`�'�;1 .; �+ `�=��l� 03/31/06 rµUnvCecnTHIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND Aon Risk Services of Texas,InC CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER,THIS CERTIFICAT E ' 1330 Post Oak Blvd. DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY TFD>r i ' suite 900 POLICIESBELOW, Houston Tx 77056-3089 USA COMPANIES AFFORDING COVERAGE PHONE 866 283-7124 FAX- 866 430-1035 COMPANY Firemans Fund Ins Co "3 INSURED COMPANY S ` Williams $ Thomas, Inc. �►f_ a is ; dba 7amail COnstrUCtiOn Fl/lt' 16875 Diana Lane \by COMPANY Houston TX 77058 USA ���SQ C COM(rANY ,j ii . I n aD I' •I x THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEET!ISSUED TO THE INSURI D 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 SUBIECT TO ALL THE T$XmS, ri EXCLUSIONS AND CONOITIONS OF SUCH POLICIES,LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, CO TYPE OF INSURANCE POLJCYNUMV2Ik POLICY EBFECTIVE LJCY r"nxA'noh COVIIRED PROPERTY LIMITS LTA DATE(MMIDDNY) DAY¢(MMMDNY) s PROPERTY BUILDING CAUSM OF LOSE PERSONAL PROPERTY BASIC BUSIr'86 1NCDM6 i I i •;v PMN BROAD EXTRA EXPENSE SPECIAL ELANKET BUILDING EARTHQUAK2 BLANKET PERS PROP FLOOD M-ANKET HLI>G&PP V1 it S %n A INI-A"MAREM MXI 08/16/DS 08/16/o6 X Any sin91e LOC i1, Builders Risk rvrsGPPOLICY / X aer Disaster Builders Risk✓ X Earthquake CAUSES OFLOSS f X Flood Limit Si,uAM@D rEREs 'z OT frP, IiP& ,� i CRIME � I� TYPE OF POLICY , �d HULLER&MACHU4ERY = n •I OTHER i I u i IJ l�y , iA '1 LOCATION OF PRBMISE51 DESCRIPTION OF PROPERTY r 1 `I SPECIAL CONDITIONS!OTHER COVERAGES t SEE ATTACHED � r $IfOULD ANY OF TNB ABOVE D53CRISIM POLICIES DE CANCSLLED 1,6FORE THE :i City of Denton EXnILATIONDATE THEREOF THE ISSUING COMPANY WILL ENDEAVOR TO MAIL ` - Attn: TOM Shaw 30DAY�WRnTENNOTICETOTHE CERTIFICATE HOLDER NAMED TO TILELF,FT, ` 901-8 Texas Street BUT FAILUFZ TO MAIL SUCH N071C£SHALL 1ndPOS2 NO ODLIGATION OR LIABILITY Denton TX 76209 USA OF ANY KIND UPON THE COMPANY.ITS AGENTSDII REPRESPN'rATIvES, II i AUPHOR12lA REPRESENTATIVE .tau+'f� i�ii'i8� �Si�^l,rvia.'fu,ii.:�'�•'i�Yy ;,1�;c'„rq:�{•_ 1 t:w t,s'' ,i:" ':"•.�' r'`.r,:mr�k ,iI ' c rir;. +� ;,�, F'tl,hkli�.l I 7— � MRP-31-200S 08:22 AON RISK SERVICES P.05 Attachment to ACORD Certificate for WiI Iiams & Thomas, inc. �' n; The terms,conditions and provisions noted below arc hereby attached to the captioned certificate as additional description of the covcrage afforded by the insurer(s).This attachment does not contain all terms,conditions,coverages or exclusions Contained in the policy. it•'1 y ' INSURED Williams & Thomas, inc- COMPANIES AFFORDING COVERAGE dba 7amail construction COMPANY 16875 Diana Lane 1; Houston TX 77058 USA � ^t COMPANY COMPAIIY COMP A If a policy below does not include limit information,refer to the corresponding pulicy on the ACORD ADDITIONAL POLICIES ccrtificate Form for policy limits. "P, Co Type of Insurance Policy Number Polley pff, Policy Ltr Date Expir. Limits 5 ' f'#i ,� '•lryi II -dJ1lf i •� 1 LOCATION OF FAitMfS631 DPSC81PTIgN OFPRO?1Vtt7y �1 ,I I' $P6CIAL CDND ' rr1ONS I OTRtR CO%TRACCS 4 it Cit of Denton is named as an Additional Insured as re aired b written contract ' y operations Of the Insured under Said contract, and always sub'e but limited to the 1 and exclusions. 1 �t to the policy terms, conditions Waiver of Subrogation is granted in favor of city of oenton as required b written ., I! I ' limited to the operations of the insured under said contract, and alwaysby to terms, conditions and exclusions. l' L 'ji I "� 4 Ii :11. Irll` II I.i �•I II ! Certificate Plumber: 570017178217 r� P•i .I ls.i 1 �•y: TOTAL P.05 D3/31/2006 14,10 2814023704 LIGHTHOUSE PAGE 01 fiATE FAAFI CERTIFICATE OF INSURANCE n kia s that STATE FARM FIRE AND CASUALTY COMPANY, BloorrIngton,Illinols O STATE FARM GENERAL INSURANCE COMPANY,Bloomington,Illinois `uW STATE FARM FIRE AND CASUALTY COMPANY,SCRrlo)rough,Ontario STATE FARM FLORIDA INSURANCE COMPANY,Wknt=r Hav®n,Florida S� STATE FARM LLOYDS,Dallas,Texas Insures the following policyholder for the coverages indicated below; Name of policyholder JAMUL CONSTRUCTTON, INC Address of policyholder t6975 DIANA LN, HOUSTON, TX 77055 .� Location of operations Oescrlption of operations The policies listed below have been issued to the policyholder for the policy perfo;s shown The Insurance described in these policies is subject to all the terms exclusions,and conditions of those policies The limits of liability shown may have been reduced by any paid claims. POLICY NUMBER POLICY PERIOD LIMITS OF LIABILITY 1YPE OF INSURANCE EFfactivg Date ; at beginning of policy period radon 11ata 9 9 P ) _ 092 843r;-C20 53 Comprehensive 03/20/96 D3/20/(7 BODILY INJURYACE ALL FLEET VExs Business Liabili ............. This insurance Includes: Products-Completed Operations Contractual Liability i Underground Hazard Coverage Each Occurrence $TM Personal Injury Advertising Injury General Aggregate $Im Explosion Hazard Coverage Collapse Hazard Coverage Products-Completed $ Operations Aggregate FLEET AUTO POLICY _ EXCESS LIABILITY POLICY PERIOD BODILY INJURY AND PROPERTY DAMAGE i Effective Dato ; Expitation;,ate (Combined Single Limit) Umbrella Each Occurrence $ Other Aggregate -� Part 1 STATUTORY $ I Part 2 BODILY INJURY Workers'Compensation and Employers Liability Each Accident $ Disease Each Employee $ Disease-Policy Limit $ POLICY NUMBER �::NWCEFIS E O INSURANCE � POI PERIOD LIMITS OF LIABILITY Effective Date ExpitaHon it t6e (at beginning of pokey period) THE CERTI�FkCATE OF INSLJF7 NOT A CONTRACT'OF INWRANCE AND PI_ITHER AFFIRIYTATiVELY NOR NEGATNELY AMENDS,EX*GI3337 HE COVERAGE;APPROVED BY itNY POLICY DESCRIBED HEREIN. City of Denton, 001 B Te i7�` y of the described policies are canceled.before Its expiration date,State Farm will m h older 30 days berore canc:IIatlon.✓ 1 _Signature ofAuthnt Ttle A ant , Date 03/31/06Agent's Code Stdmp �_.D, 337 AFO Code OU994 SPAU CENTER F 114 EI E i I l i i � § ¢ 3 0 0 0 k V�vi rL 0 7 k ° m m § $ � $ ( § § G § / § § $ o k §? ¢ 7 I § § 8 ©8 / $ 2 a 7 p \ \ C / R/ ) $ L- f 2 t m § m n \ n / o -2 t ; § e ° ° 0 GG _ 2 x m In �£ 2 8 8 8 E $ k- $ k w Cl) § $ $ \ \� ƒ < t R 2 § _ § Cl) CD ^ M � ) ) to ° a 0 f { e N 6 ? k / ( 3 > & K U) R g a §& U \ 8 E 8Z x S G 3 G FLU\ � E LL \ k_ \ \ -ƒg z 0 w � % u ®¥ 0 i§ 2 k k 2 k Q z )x « § G 5 = �x< > z § § § } ; :Z 0 §0 k 2 CD tu � Gk F- / o \ / } _ $ 9 C /Nr o \ \ �LU� V$ f ( } z 0 § / < � m k E / \ ig < f I 2 < o � \ z g % CD[ §\ b Ix bu \ §� { / / 6 { 0 § § =J . ) A ■ ( / / M Q 0 7§ 2s to § Q 3 $ _ \ §ƒ to \ 3 ) f k / \ .�o � § \ { { \ 2 ƒ ƒ } { 2 / 0 � / k b a a » z 2 | § CDz o z o z ! 7 # ) a f I \ z ) m \ ¢ > d o3 2 2� � - � a 'wt City of DENTON MATERIALS MANAGEMENT DIVISION 901B TEXAS STREET• DENTON,TEXAS 76201 • 940.349.7100 • DFW METRO 817.267.0042 • FAX 940,349.7302 April 11,2006 Mr. Scott Creekmore Jamail Construction Company 2009 108" Street, STE 905 Grand Prairie, TX 75050 Ref: File 3465 —Design Build Construction of Household Hazardous Waste Building Processing Center Dear Scott: Please accept this letter as your official notice to proceed on the above referenced project. Enclosed is your fully executed contract and purchase order. Mr. David Dugger,Landfill Manager will be your primary contact for the City of Denton. As a reminder,please send copies of all architect and engineering documents including as built drawings to the Purchasing Office for the project file. Invoicing must follow the process included in the bid packet. We greatly appreciate your interest in the City of Denton and look forward to another successful project. Sincerely, s Tom D. Shaw, C.P.M. Purchasing Agent Cc: David Dugger, Solid Waste File 3465 Encl: Purchase Order Contract "Dedicated to Quality Service" www.ci tyofd enton.com