Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
2010-100
ORDINANCE.NO. 2010-100 CONSIDER ADOPTION OF AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF A 36 INCH, 42 INCH AND 48 INCH SANITARY SEWER LINE FROM EAST OF WOODROW LANE ACROSS RUDDELL STREET TO MULBERRY STREET; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 4481-AWARDED TO THE LOWEST RESPONSIBLE BIDDER MEETING SPECIFICATION, WRIGHT CONSTRUCTION CO., INC. IN THE AMOUNT OF $1,483,490). WHEREAS, the City has solicited, received and tabulated competitive bids for the construction of public works or improvements in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or improvements described in the bid invitation, bid proposals and plans and specifications therein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The following competitive bids for the construction of public works or improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids: BID NUMBER CONTRACTOR AMOUNT 4481 Wright Construction Co., Inc. $1,483,490 SECTION 2. The acceptance and approval of the above competitive bids shall not constitute a contract between the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, and insurance certificate after notification of the award of the bid. SECTION 3. The City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein. SECTION 4. Upon acceptance and approval of the above competitive bids and the execution of contracts for the public works and improvements as authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 52010. 4(r-~ - ~ MARK A. URROUG S, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: 3-O 4481 e 0 CONTRACT AGREEMENT STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT, made and entered into this 20 day of April A.D., 2010, by and between City of Denton of the County of Denton and State of Texas, acting through George C. Campbell thereunto duly authorized so to do, hereinafter termed "OWNER," and Wright Construction Co., Inc 601 W. Wall St. Grapevine, TX 76051 of the City of Grapevine, County of 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 4481-Pecan Creek Interceptor I in the amount of $1,483,490 and all extra work in connection therewith, under the terms as stated in the General Conditions of the agreement; and at his (or their) own proper cost.and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the work specified above, in accordance with the conditions and prices stated in the Proposal and the Performance and Payment Bonds, attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), and Instructions to Bidders, as referenced herein and on file in the office of the Purchasing Agent, and in accordance with all local, state and federal laws; and plans, which includes all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by: City of Denton Utility and CIP Engineering all of which are referenced herein and made a part hereof and collectively evidence and constitute the entire contract.- CA-1 'J 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 Right to Audit The OWNER shall have the right to audit and make copies of the books, records and computations pertaining to this agreement. The CONTRACTOR shall retain such books, records, documents and other evidence pertaining to this agreement during the contract period and five years thereafter, except if an audit is in progress or audit findings are yet unresolved, in which case records shall be kept until all audit tasks are completed and resolved. These books, records, documents and other evidence shall be available, within 10 business days of written request. Further, the CONTRACTOR shall also require all Subcontractors, material suppliers, and other payees to retain all books, records, documents and other evidence pertaining to this agreement, and to allow the OWNER similar access to those documents. All books and records will be made available within a 50 mile radius of the City of Denton. The cost of the audit will be borne by the OWNER unless the audit reveals an overpayment of 1% or greater. If an overpayment of 1% or greater occurs, the reasonable cost of the audit, including any travel costs, must be borne by the CONTRACTOR which must be payable within five business days of receipt of an invoice. Failure to comply with the provisions of this section shall be a material breach of this contract and shall constitute, in the OWNER'S sole discretion, grounds for termination thereof. Each of the terms "books", "records", "documents" and "other evidence", as used above, shall be construed to include drafts and electronic files, even if such drafts or electronic files are subsequently used to generate or prepare a final printed document. CA - 3 IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. TTEST: Ci of Denton OWN BY: a (SEAL) T ATTEST: ~P 1lj yyVoq ri- s CONTRACTOR O'L MAILING ADDRESS PHONE NUMBER SH- 4W-C)*9 F NUMBE BY: ` LOMT TI LE . APPROVED AS TO FORM: RINTED N E r - (SEAL) - ITA BURG S S, C , AT ORNE CA-4 PERFORMANCE BOND STATE OF TEXAS § Bond No. TXC 86310 COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That Wrijzht Construction Co., Inc'w~hose address is 601 W. Wall St. Denton,- TX 76051 hereinafter called Principal, and Merchants Bonding Company (Mutual)✓ , a corporation organized and existing under the laws of the State of Iowa , and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter' called Owner, in the penal sum of One Million Four Hundred Eighty Three Thousand Four Hundred Nine and 0/100✓ DOLLARS ($1,483,490 lus 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., umber 2010-100,%4 ith the City of Denton the O er dated the 20 day of April A.D. 2010 wf'or Bid #4481-Pecan Creek. Interceptor 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 - l II - 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 four, copies, ach one of which shall be deemed an original, this the 20th day of April 2010 ATTEST: PRINCIPAL i Wright Cons)f u tion o., Inc. BY: SECRETARY BY: P IDE T ATTEST: SURET V M chants Bonding Company (Mutual) B 1 • y~- ?"-v4 i e Jr ATTO Y -FACT , Kathy .S ."s.~ The Resident Agent of the Surety in Denton County, Texas for delivery of notice and the process is: V NAME: Audrey Williams , Merchants Bonding Company (Mutual) STREET ADDRESS: 8303 N. MoPac, Suite B400, Austin, TX 78759, P.O. Box 26720, Austin, TX 78755-0720 (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 § Bond No. TXC 86310 COUNTY OF DENTON § KNOW ALL MIEN BY THESE PRESENTS: That Wright Construction Co., Inc. whose address is 601 W. Wall St. Gra evine, TX 76051 hereinafter called Principal, and Merchants Bonding Company (Mutual) a corporation organized and existing under the' laws . of the State of Iowa 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, acid unto all persons, firms, and corporations who may furnish materials for, or perform labor. upon, the building or improvements hereinafter referred to, in theyenal sum of One Million Four Hundred Eighty Three Thousand Four Hundred Ninety andr0/100DOLLARS ($1,483,49 in lawful money of the United States, to be paid in Denton, County, Texas, for the payment of which stun 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 Suppleiriental 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 2010- 100, with the City of Denton, the 0~} er, dated the 20 day of April A.D. .2010,./for Bid #4484-Pecan Creek Interceptor I.../ 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. fN WITNESS WHEREOF, this instrument is executed in four co es, each one of which f`.. shall be deemed an original, this the 20th day of April 2010. c` 4 ATTEST: PRINCIPAL x Wright Con ction /0., Inc. BY. SECRETARY BY:. PRE ATTEST: SURETY M rch is Bonding Company (Mutual) s BY: BY. r~1`y r Kath'y`zel ATTO Y -FACT The Resident Agent of the Surety in Denton County, Texas for delivery of notice and servic'o`~:;~t~.~,,: the process is: NAME: Audrey Williams, Merchants Bonding Company (Mutual) STREET ADDRESS: 8303 N. MoPac, Suite 8400, Austin, TX 78759, P.O. Box 26720, Austin, TX 78755-0270 (NOTE: Date of Payment Bond must be date of Contract. If Resident Agent is not a corporation give a person's name) PB-4 S~ MERCHANTS NATIONS BONDING COMPANY BONDING COMPANY POWER OF ATTORNEY Bond No. TXC 86310 KNOW ALL PERSONS BY THESE PRESENTS: That MERCHANTS BONDING COMPANY (MUTUAL)1is corporation duly organized under the laws of the State of Iowa, and that NATIONS BONDING COMPANY is a corporation duly organized under the laws of the State of Texas (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Clydene Johnson, Dustin Parker, Kathy Sells'end/or Carolyn Lease of Grapevine and State of Texas their true and lawful Attorney-in-Fact, with full power and authority hereby conferred in their name, place and stead, to sign, execute, acknowledge and deliver in their behalf as surety any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of: TEN MILLION ($10,000,000.00) Dollars ✓ and to bind the Companies thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the Companies, and all the acts of said Attorney-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This Power-of-Attorney is made and executed pursuant to and by authority of the following bylaws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on November 16, 2002 and adopted by the Board of Directors-of Nations Bonding Company on April 19, 2003. "The Chairman of the Board or President or any Vice President or Secretary shall have power and authority to appoint Attorneys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. The signature of any authorized officer and the Seal of the Company may be affixed by facsimile to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 11th day of February , 2010. Q C'. .•~o\~G••'r~•o~,p•• MERCHANTS BONDING COMPANY (MUTUAL) •oRP0,g9• : y~co~P09'q~►9yc : NATIONS BONDING COMPANY fo Q) • V J~ . . • • CID : O • ? • Z.- -0- • • ham.. 0- C d& o=• 2003 •"a : 1933 • • •;a J ' • BY STATE OF IOWA •••46 President COUNTY OF POLK ss. On this 11th day of February , 2010, before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and NATIONS BONDING COMPANY; and that the seals affixed to the foregoing instrument are the corporate seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. In Testimony Whereof, I have hereunto set my hand and'affixed my Official Seal at the City of Des Moines, Iowa, the day and year first above written. CINDY SMYTH _ l Commission Number 173504 0W LO, My Commission Expires STATE OF IOWA March 16, 2012 Notary Public, Polk County, Iowa COUNTY OF POLK ss. I, William Warner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and NATIONS BONDING COMPANY, do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 20 day of April , 2010 / p NG 0 00 00 0 G 00 r • Z:. -o- v • f-.. -o- 1933 • c Secretary 2003x:. -r 6' v~' . • IM ~M y 00 IMPORTANT NOTICE To obtain information or make a complaint: You may contact your insurance agent at the telephone number provided by your insurance agent. You may call Merchants Bonding Company's toll-free telephone number for information or to make a complaint at: 1-800-678-8171 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance at: P. O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: http://www.tdi.state.tx.us E-mail: ConsumerProtection@tdi.state.tx.us PREMIUM AND CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the agent first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. SUP 0032 TX (7/07) 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. CI-9 • That such insurance is primary to any other insurance available to the additional insured with respect to claims covered under the policy and that this insurance applies separately to each insured against whom claim is made or suit is brought. The inclusion of more 'than one insured shall not operate to increase the insurer's limit of liability. • Cancellation: The City requires 30 day written notice should any of the policies described on the certificate be cancelled or materially changed before the expiration date, • 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. CI - 10 SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: All insurance policies proposed or obtained in satisfaction of this Contract shall additionally comply with the following marked specifications, and shall 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 $1,000,000.00 shall be provided and maintained by the Contractor. The policy shall be written on an occurrence basis either in a single policy or in a combination of underlying and umbrella or excess policies. If the Commercial General Liability form (ISO Form CG 0001 current edition) is used: • Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual liability covering this contract and broad form property damage coverage. • Coverage B shall include personal injury. • Coverage C, medical payments, is not required. If the Comprehensive General Liability form (ISO Form 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 (XU) exposures. • Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability. [X] Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than $500,000.00 either in a single policy or in a combination of basic and umbrella or excess policies. The policy will include bodily injury and property- damage liability arising out of -the operation, maintenance and use of all automobiles and mobile equipment used in conjunction with this contract. Satisfaction of the above requirement shall be in the form of a policy endorsement for: • any auto, or • all owned, hired and non-owned autos. CI_ 11 [X] Workers Compensation Insurance Contractor shall purchase and maintain Worker's Compensation insurance which, in addition to meeting the minimum statutory requirements for issuance of such insurance, has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 policy limit for occupational disease. The City need not be named as an "Additional Insured" but the insurer shall agree to waive all rights of subrogation against the City, its officials, agents, employees and volunteers for any work performed for the City by the Named Insured. For building or construction projects, the Contractor shall comply with the provisions of Attachment 1 in accordance with §406.096 of the Texas Labor Code and rule 28TAC 110.110 of the Texas Worker's Compensation Commission (TWCC). [ ] Owner's and Contractor's Protective Liability Insurance The Contractor shall obtain, pay for and maintain at all times during the prosecution of the work- under this contract, an Owner's and Contractor's Protective Liability insurance policy naming the City as insured for property damage and bodily injury which may arise in the prosecution of the work or Contractor's operations under this contract. Coverage shall be on an "occurrence" basis, and the policy shall be issued by the same insurance company that carries the Contractor's liability insurance. Policy limits will be at least combined bodily injury and property damage per occurrence with a aggregate. [ ] Fire Damage Legal Liability Insurance Coverage is required if Broad form General Liability is not provided or is unavailable to the contractor or if a contractor leases or rents a portion of a City building. Limits of not less than each occurrence are required. [ ] Professional Liability Insurance Professional liability insurance with limits not less than per claim with respect to negligent acts, errors or omissions in connection with professional services is required under this Agreement. [ ] Builders' Risk Insurance Builders' Risk Insurance, on an All-Risk form for 100% of the completed value shall be provided. Such policy shall include as "Named Insured" the City of Denton and all subcontractors as their interests may appear. CI - 12 [ ] Commercial Crime Provides coverage for the theft or disappearance of cash or checks, robbery inside/outside the premises, burglary of the premises, and employee fidelity. The employee fidelity portion of this -coverage should be written on a "blanket" basis to cover all employees, including new hires. This type insurance should be required if the contractor has access to City funds. Limits of not less than each occurrence are required. [ ] Additional Insurance Other insurance may be required on an individual basis for. extra hazardous contracts and specific service agreements. If such additional insurance is required for a specific contract, that requirement will be described in the "Specific Conditions" of the contract specifications. CI - 13 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 proj ect. 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: CI - 14 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. 1. 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) certificate of coverage, prior to the other person beginning work on the project; and b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project, CI - 15 5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; 6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the 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. CI - 16 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 1491, 80th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with chapter 176 of the Local Government Code by a Date Received person doing business with the governmental entity. By law this questionnaire must be filed with the records administrator of the local government_not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government Code. A person commits an offense if the person violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor. 1 Name of person who has a business relationship with local governmental entity. 2 Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) TName of local government officer with whom filer has an employment or business relationship. Name of Officer w N1- This section, (item 3 including subparts A, B, C & D), must be completed for each officer with whom the filer has.an employment or other business relationship as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the filer of the questionnaire? Yes 0 No B. Is the filer of the questionnaire receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? 0 Yes 0 No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership of 10 percent or more? Yes No D. Describe each affiliation or business relationship. 4 Signature of person doin usi P with t governmental entity Date Adopted 06/29/2007 CIQ - 1 Project Name Calendar Days 210 Pecan Creek-Interceptor I Bid No. 4481 P.O. No. BID TABULATION SHEET Item Description Quantity Unit Unit Price Total 103.3 Surety Bonds 1 LS $ 24,700.o-OILS $ Z4, 700 ,ao Unit Price In Words lcc.~° • a~ca~.feve / /~ls L'e 107.20. Project Signs 2 EA J$ 41D-0 .dD / EA T$ deha-av. Unit Price In Words ia11`•-s 201 Temporary Erosion Control 7,092 LF $ f ~o / LF F$/al G 38.aa Unit Price In Words Q.te zallar X-- &xh 202.6 Seeding Turf Grass 1446 23,640 SY J$ d • 3 / SY J$ 7a t?Z.6 Unit Price In Words A lo AoICZ,rS T / Ctrs 203.3 General Site Preparation 1 LS J$ y LS J$ 41 Unit Price In Words F®rfv Five Thousdnd I)olldrf do Cenfr 305.2 Concrete Sidewalk 625 SY Is t7lz. SY $ ZG 2So• Unit Price In Words .1 r T~ A/A s 502.1-A 16" I.D. Concrete Manhole (0-6 ft deep) 26 EA $ EA $ /a~i 7GL7• Unit Price In Words roar r4ou5d,1 /f/i/te /l"odrY Fix D Ila-t d (emi`f 502.1-13 16' I.D. Vented Concrete Manhole (0-6 ft deep) 1 EA $ S 2 OD • pO / EA J$ ,S .Z co . 00 Unit Price In Words Five- % A014304ct Tvuo end red Do Ai -.r Ale enh 502.1-C 14' I.D. Concrete Manhole (0-6 ft deep) 3 EA / EA $ GlY80•°` Unit Price In Words % o lhausdnd One /f+undreot 5ixf DolIdes filo (ent1 502.1-D Additional Manhole Depth ( > 6 feet) F 308 VF S .7 1/0 • °U / VF J$ 73 9.2 c Unit Price In Words T o Modred 6rf Dolld,s Alo Lentz 502.12. Core Into Existing Manhole 3 EA S (0 00. CPO/ EA J$ 7, 6 60. Unit Price In Words Two jbo ts,4 ,d Six /-l"cl (PA Dolld,-s Ale (enfS 9d0.° 503 154" Bore and Steel Encasement Pipe F I 60 LF IS IF/5 °O / LF $ q8 Unit Price In Words - i A-i h/ Acted F 4 ee,4 De llarf /1/o Cuts 504.5 Concrete Encasement 145 LF $ 4. 00 / LF 1~ $ /,0- 6,057 00 Unit Price In Words 6i x fV 1AI PE Dol t,4rs a (o~fS 507-A 18" PVC SDR35 Sanitary Sewer Pipe F 254 LF J$ ~y • / LF J$ Unit Price In Words ror FourDolld nc o (en f eG 507-B 112" PVC SDR35 Sanitary Sewer Pipe 93 LF J$ LF J$ y yd y. Unit Price In Words Fvr> Ci 4t Dollars o 6P,44 P-3 Project Name Calendar Days 210 Pecan Creek Interceptor I Bid No. 4481 P.O. No. BID TABULATION SHEET Item Description Quantity Unit Unit Price Total 507-C 18" Sanitary Sewer Pipe - Unpaved 45 LF $ 6 3. LF $ 8 3S• oQ Unit Price In Words Si Xt Three. 16ilars A& ofr 507=D 136" Sanitary Sewer Pipe - Unpaved 2493 LF J$ LF $ 319/Qy- Unit Price In Words 507-E 136" Sanitary Sewer Pipe - Paved 480 LF $ LF 1$. , Unit Price In Words 507-F 142" Sanitary Sewer Pipe - Unpaved 2557 LF $ 00 / LF Unit Price In Words 507-G 148" Sanitary Sewer Pipe - Unpaved 1332 LF $ 40 / LF $ .223.771 Unit Price In Words 801 Barricades, Warning Signs and Detours 1 LS $ S 00.00 LS* s Soo 04, Unit Price In Words Frve Ao4sdneA 6 h-' ffu-id red ollars 6 Ce4s 803.2 ! 3, 775 Rock Gabion 145 SY $ SY F- Unit Price In Words /Dine F#'L.c. Dollars o CQntS 70 SY $ 0. 06 / SY $ y WO • °O 803.3 Rock Riprap Unit Price In Words $iX ner-e- Dollar A(o exgf SSW Cut and Plug Existing Sanitary Sewer Line 22 EA $ 75-0. 1 EA $ 6,bo- Unit Price In Words Seven y6„cl r+ed PEN bo l i rs o e SS02 Abandon Existing Manhole 21 TE7AS 706. oo / EA $ -/y 706. Unit Price In Words Scvej (end rec. .Dolls ~t do CcetfS SS03 Remove Existing Manhole 7 TEAT$ 15,0. EA $ 40 G 50• Unit Price In Words /vrne /fU tdrrd Fr polls-c o CC44S SS06 Bypass Pumping 1 rLS $ .2q 600.QD/ LS Fs q Soo•°° Unit Price In Words !went Fur {7totn5d jc4 Five f lLtA l're,4 0olla rs Jl+ Cen+s L SUBTOTAL BASE BID A ; 0-r.,-Ur huAW.-r rvl e, 7tir C>®111 - s . z X 4G`~iX 1; q9 3 , y 9D• of P-4 BIDSUMMARY TOTAL BASE BID PRICE IN WORDS J/i2 A lw"n JR4 r- hcee Ayai4,ml clar A"neke©! lvi,~6Z~j !`figllg,-S In the event of the award of a contract to the undersigned, the undersigned will furnish a performance bond and a payment bond for the full amount of the contract, to secure proper compliance with the terms and provisions of the contract, to insure and guarantee the work until final completion and acceptance, and to guarantee payment for all lawful claims for labor performed and materials furnished. in the fulfillment of the contract. It is understood that the work proposed to be done shall be accepted, when fully completed and finished in. accordance with the plans and specifications, to the satisfaction of the Engineer. The undersigned certifies that the bid prices contained in this proposal have been carefully checked and are submitted as correct and final. Unit and lump sum prices as shown for each item listed in this proposal, shall control over extensions. The undersigned agrees this bid becomes the property of the City of Denton after the official opening. The undersigned arms that they are duly authorized to execute this contract. Vendor hereby assigns to purchaser any and all claims for overcharges associated with this contract which arise under the antitrust laws of the United States, 15 USCA Section 1 et se and which arise under the antitrust laws of the State of Texas, Tex. Bus. & Com. Code, Section 15.01, et se q. P-5 Receipt is hereby acknowledged of the following addenda to the plans and specifications: Addendum No. 1 dated ~d l0 Received Addendum No. 2 dated Received Addendum No. 3 dated Received Addendum No. 4 dated Received Addendum No. 5 dated Received ' s roc ~ CONT CTOR BY Street Address r d rl c° .S ~ D ~ City and State Seal & Authorization (If a Corporation) 3Z Telephone P-6 VENDOR COMPLIANCE TO STATE LAW The 1985 Session of the Texas Legislature passed House Bill 620 relative to the award of contracts to non-resident bidders: This law provides that, in order to be awarded a contract as low bidder, non-resident bidders (out-of-state contractors whose corporate offices or principal place of business are outside of the State of Texas) bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a non-resident. bidder in order to obtain a comparable contract in the state in which the non-resident's principal place of business is located. The appropriate blanks in Section A below must be filled out by all out-of-state or non-resident bidders in order for your bid to meet specifications. The failure of out-of-state or non-resident contractors to do so will automatically disqualify that bidder. Resident bidders must check the blank in Section B. A. Non-resident bidders in (give state), our principal place of business, are required to be percent lower than resident bidders by state law. A copy of the statute is attached. Non-resident bidders in (give state), our principal place of business, are not required to underbid resident bidders. B. Our principal place of business or corporate offices are in the State of Texas: BIDDER: COMP Y BY D Street Address City and State P-7 THIS FORM MUST BE RETURNED WITH YOUR BID. CONTRACTOR COMPLIANCE TO TEXAS SALES TAX CODE Comply with all requirements of the Texas Sales Tax Code. The Contractor hereby certifies that the Contract Amount is divided as follows: X12 3 00 Materials incorporated into the Project $ (resold to the Owner as defined in Tax Code) All other charges and costs $ Total $ / 'Y'la P0 The total must equal the total amount of the Contract. CONTRACTOR: COMP Y BY een rP c &0/ JOO/. Street Address Z605 City and State ° THIS FORM SHALL BE EXECUTED AT THE TIME OF EXECUTION OF THE CONTRACT AND SHALL BE MADE A PART OF THE CONTRACT. P-8 F A, ALhJ a n s o s s Merchants Bonding Company g P.O. BOX 26720 - AUSTIN, TX 78755-0720 BID BOND PUBLIC WORK KNOW ALL PERSONS BY THESE PRESENTS: That Wright Construction Co., Inc. 601 W. Wall Street, Grapevine, TX 76051 (hereinafter called the Principal) as Principal, and the MERCHANTS BONDING COMPANY (Mutual) a corporation of the State of Iowa, with its Home Office in the City of Des Moines, Iowa, (hereinafter called Surety), as Surety, are held and firmly bound to City of Denton 901-B Texas Street, Denton, TX 76209 (hereinafter called the Obligee) in the full and just sum of 5% GAB Five Percent of the Greatest Amount Bid Dollars good and lawful money of the United States of America, to the payment of which sum of money well and truly to be made, the Principal and* Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Signed and dated this 25th day of March 2010 THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Obligee shall make any award to the Principal for Pecan Creek Interceptor I - Bid No. 4481 according to the terms of the proposal or bid made by the Principal therefor, and the Principal shall duly make and enter into a contract with the Obligee in accordance- with the terms of said proposal or bid and award, and shall give bond for the faithful performance thereof with the MERCHANTS BONDING COMPANY (Mutual) and Surety, or with other Surety or Sureties approved by the Obligee; or if the Principal shall, in case of failure to do so, pay to the Obligee l the damages which the Obligee may suffer by reason of such failure, not exceeding the penalty of this bond, then this obligation shall be null and void; otherwise it shall be and remain in full force and effect. IN TESTIMONY WHEREOF, the Principal and Surety have caused these presents to be duly signed and sealed. 1 . j Witness: Wright Constructio Co., Inc. f r By IV, - Attest: MER A S RBONDG COMPANY (Mutual) By CON 0333 AU (9100) Kathy ~Sell , Attorney-In-Fact .MERCHANTS NATIONS BONDING COMPANY BONDING COMPANY POWER OF ATTORNEY Bond No. Bid Bond KNOW ALL PERSONS BY THESE PRESENTS: That MERCHANTS BONDING COMPANY (MUTUAL) is a corporation duly organized under the laws of the State of Iowa, and that NATIONS BONDING COMPANY is a corporation duly organized under the laws of the State of Texas (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint ClI~dene Johnson, Dustin Parker, Kathy Sells and/or Carotyn Lease of Grapevine and State of Texas their true and lawful Attorney-in-Fact, with full power and authority hereby conferred in their name, place and stead, to sign, execute, acknowledge and deliver in their behalf as surety any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of TEN MILLION ($10,000,000.00) Dollars and to bind the Companies thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the Companies, and all the acts of said Attorney-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This Power-of-Attorney is made and executed pursuant to and by authority of the following bylaws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on November 16, 2002 and adopted by the Board of Directors of Nations Bonding Company on April 19, 2003. "The Chairman of the Board or President or any Vice President or Secretary shall have power and authority to appoint Attorneys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. The signature of any authorized officer and the Seal of the Company may be affixed by facsimile to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company• and such signature and seal when so used shall have the same force and effect as though manually fixed." In Witness Whereof,-the Companies have caused this instrument to be signed and sealed this 11th day of February , 2010. • • • • • • • ' • • • . - . • • . D JAf ••ONNG •Cq/1f • • N MERCHANTS BONDING COMPANY (MUTUAL) ~r, paP09,~~ ; ; m~O~P09g9y~; NATIONS BONDING COMPANY co - 2003 1933 e; • , By • STATE OF IOWA President COUNTY OF POLK ss. On this 11 th day of February , 2010, before me appeared Larry Taylor, to me personalty known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and NATIONS BONDING COMPANY; and that the seals affixed to the foregoing instrument are the corporate seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year first above written. CINDY SMYTH Commission Number 173604 owe My Commission Expires March 16, 201 Z Notary Public, Polk County, Iowa STATE OF IOWA COUNTY OF POLK ss. I, William Warner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and NATIONS BONDING COMPANY, do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 25th day of March 2010 a . .o~•'RPO .o Pf)q q'• q • Z Z -o- o :1--. Z -o- r" t, * • ' a 1933 Secretary . O 2003 ' c • a. . s . hw. • C1 • V• NBC 0103 (1/09) IMPORTANT NOTICE To obtain information or make a complaint: You may contact your insurance agent at the telephone number provided by your insurance agent. You may call Merchants Bonding Company's toll-free telephone number for information or to make a complaint at: 1-800-678-8171 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance at: P. 0. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: http://www.tdi.state.tx.us E-mail: Cons umerProtection@tdi.state.tx.us PREMIUM AND CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the agent first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. SUP 0032 TX (7/07) Bid # 4481 - ADDENDUM # 1 Addendum # 1 to be returned with Bid Proposal The following are changes to the bid specifications: SEE ATTACHED SHEETS: NO OTHER CHANGES AT THIS TIME. This form shall be signed and returned with your bid. Name: Signature: c~ Company: Title: J~ l Date: ACORQ. CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 4/29/2010 PRODUCER Phone: 817-481-3529 Fax: 817-424-1404 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Box Insurance Agency ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 1200 S. Main Street, Ste. 1600 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Grapevine TX 76051 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED / INSURERA: St . Paul Fire and Marine 24767 Wright Construction Co., Inc.v 0 INSURERB:Bituminous Casualty Cor orati 601 W. Wall St. 20095 Grapevine TX 76051 6\6 qV S~ " INSURERC: INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD' POLICY EFFECTIVE POLICY EXPIRATION LTR INSRO TYPE OF INSURANCE POLICY NUMBER DATE MM D Y M/DDNY1 D / LIMITS B GENERALLIABILITY✓ CLP 3269008✓ 11/29/2009 11/29/2010 ACHOCCURRENCE $ 1 000 0006-1 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES Ea occurence S1001000 CLAIMS MADE a OCCUR MED EXP (Any one person) $ rj 0 0 0 X XOU PERSONAL & ADV INJURY $1.000,000 X EIFS Excluded GENERALAGGREGATE $ 2 000, 000 GE -1 N'L AGGREGATE LIMIT APPLIES PER: PRODUCTS- COMP/OP AGG S2,000,000 POLICY X PET LOC B AUTOMOBILE LIABILITY Uve, CAP 3534217• 11/29/2009 11/29/2010 / COMBINED SINGLE LIMIT X ANY AUTO ✓ (Ea accident) S1,000,000 ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) X HIREDAUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHERTHAN EAACC S AUTO ONLY: AGG S A EXCESS/UMBRELLA LIABILITY QK0 91018 31 11/2 9/2 00 9 11/2 9/2 010 EACH OCCURRENCE $10,00 0 1000 X OCCUR F-1 CLAIMS MADE AGGREGATE _$1010001000 S DEDUCTIBLE $ X RETENTION S10, 000,::: B WORKERS COMPENSATION AND WC 3534216 ✓ 11/29/2009 11/29/2010 X ?oRyLMITS O R EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE -POLICY LIMIT $ 1,000,000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONS /VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS e: Project: Pecan Creek Interceptor I he City o~Denton its Officials, Agents, Employees, and Volunteers are Additional Insured on a rimary/non-contra~tory basis as respects General Liability, Auto Liability, and U re la Liability if required by ritten contract~Waiver of Subrogation applies in favor of same as respects Gene al Liability, Auto Liability, mbrella Liability an orke_r7 pensation if required by written contract CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED City of Denton v BEFORE THE EXPIRATION DAT~HEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 AYS WRITTEN NOTICE TO THE 901-A Texas Street CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO Denton TX 76205 SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIV ACORD 25 (2001/08) 0 ACORD OR Tg88 1W IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08)