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2014-150oxDrnlANCE No. 2014-150 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE PECAN CREEK 1NTERCEPTOR PHASE II PROJECT; PROVIDTNG FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 5486-AWARDED TO THE LOWEST RESPONSIBLE BIDDER MEETING SPECIFICATION, SPEISS CONSTRUCTION COMPANY, 1NC. IN THE AMOUNT OF $1,427,624). 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 l. 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 5486 Speiss Construction Company, Inc. $1,427,624 SECTION 2. The acceptance and approval of the above competitive bids shall not constitute a contract between the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, and insurance certificate after notification of the award of the bid. SECTION 3. The City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein. SECTION 4. The City Council of the City of Denton, Texas hereby expressly delegates the authority to take any actions that may be required or permitted to be performed by the City of Denton under Bid 5486 to the City Manager of the City of Denton, Texas, or his designee. SECTION 5. Upon acceptance and approval of the above competitive bids and the execution of contracts for the public works and improvements as authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and in the amount as speciiied in such approved bids and authorized contracts executed pursuant thereto. SECTION 6. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the �� "� day of _�� , 2014. _,$ , /� ` � � � � _ �.�= � ` � �� - .�... � CHRIS WATTS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: .� . . APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY � �::w � BY: �� ,�'� � �.„ � �:..� .� �`'�` ��,. CONTRACT BY AND BETWEEN CITY OF DENTON, TEXAS AND SPIESS CONSTRUCTION COMPANY, 1NC (IFB 5486) STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT, made and entered into this 3 rd day of June A.D., 2014, by and between Citv of Denton of the County of Denton and State of Texas, acting through Geor�e C. Campbell thereunto duly authorized so to do, hereinafter termed "OWNER," and �t�w�s� %:'c�r�sti�r��i��r�r �"c��-��t��y, I�t�: 1 l l�) 1;. Cr�x�rlc I�r+� i�'� 1(�, ��tr�l� 11��`i�� ';'`� �3�� of the City of Santa Maria, County of Santa Barbara, and State of California , hereinafter termed "CONTRACTOR." WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and perforrned 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: I : . � ;, . . . . . � . . . ''I in the amount of $1,427,624 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: Cityo uf Denton En in� eering Services all of which are referenced herein and made a part hereof and collectively evidence and constitute the entire contract. I�•�• �• 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 IFB 5486 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 � .. �• � � • � �� ; ---- � � � � � • � r � , , � , � .; � . . . . ' � � .� , � . � . ,� �� ,� . . � �• � • � . . � � . � . . � . � . � � . � • � �. ... . . . , �. . � . � � , �• � • � ; • . ; � .. , �. � � � � : � �. �. ;�. . �. � � � �. , , ; � � � � � �� • r� � . 1 � , 1 �� : � � .� � .. � . � . - ---- � . �. � . � � , � . � � � � � ., , , ., � � ;�; �. �. • . . � . • , ,�. , ,. , , , � � ,� - � � � � � ,�� • �- �• � .• � � � : � � '� � � � � � . , �. .. . � .. : �• � • � . �; . � . � �. 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 i shown in the Proposal, which forms a part of this contract, General and Special Conditions of the Contract. Right to Audit n current funds the price or prices such payments to be subject to the 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 iindings are yet unresolved, in which case records shall be kept until all audit tasks are completed and resolved. These books, IFB 5486 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 fles are subsequently used to generate or prepare a final printed document. IFB 5486 IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. A� ��,; r � � � ��...� ATTEST: r� � ;��r ��,.�;�� °��+�'�-� : ` ....� �;. �'�. Citv of Denton O WNER BY: � �'� (SEAL} Spiess Construction Co., Inc. •� ''• •' �� P.O. Box 2$49 Santa Maria, CA 93457 u': 1► : � 1'_ . $05-937-5$59 . '�, �, , 805-934-4432 �' �`"F�1 �l.J BY: `� � � At�1'��l-I�RIZED AGENT Scott A. Coleman .. R . President � k _ . A,� � TITLE ,�w �' ; �'' ��- i°`» �' ;�� C f I`�� T�1't�RNEY ,„ �., -' --,�.. �, �' (SEAL) IFB 5486 _��,� ar��► r_�.c��:��.u� STATE OF TEXAS § COUNTY OF DENTON § : • ��;�GI:�IIIIIj�!yl KNOW ALL MEN BY THESE PRESENTS: That Spiess Construction Com a�n ,y Inc,°�` whose address is l l l f� L.��C}1��•�c a�:��:, #�Z 1�, ��t�tt� �`I��i�, �;.t� �)3��55 hereinafter called Principal, and Travelers Casualty and Surety Company of America `� corpolation organized and eXisting under � _�.� __. � � � �_�_ � e.F.M .� the laws of the State of Connecticut � and fully authorized to transact business in the 5tate 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 �x�c ��i��i�r��s ��i° i��7��;�1 t�v��t^� ��vs�ai l��c��t��x�cl, �ix 1°�iti�ci�•�cl t�a,r��t� l�c��,� �.. °, DOLLARS �� f v�d21�� 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, administratoi•s, 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 �a�te�°�� intc� ��v�`i�xir� C't�t�tt•��1, ic�t��al.�lr;��l �ay TM�� ff 5&i.��i� �vitl� fil�c; C;i#y r�:f` r�s�t�ia�i�, tiiu_�l�vr��•, cl�:Yt:�t3 t�� '� c�� tat',lta�� .f;�,,�L1� �; ��r l�i�� #� �� 1'��i� {�a�:u�<. f��et�cc��t+�a Pl��s� �l ,�-�`' NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill all of the undertalcings, 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 undertalcings, 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 worlcmanship that appear within a period of two (2) years from the date of final completion and final acceptance of the Worlc 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 malcing good any default or deficiency, then this obligation shall be void; otherwise, it shall remain in full force and effect. IFB 5486 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 Worlc 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 oi any such change, extension of time, alteration or addition to the terms of the Contract, or to the Worlc to be performed ihereunder, 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 sf��a��s, each one of which shall be deemed an original, this the 5th day of __June 2014 �.rtY''= . .�....._,. A ATTEST: �� j � X �' BY: ��`��ry �. �� w�.a��-� �I t�:I� 1 �"I :�I��" �.��.�,.�.� _. ATTEST: : PRINCIPAL ��"`� � �f"� Spiess Con�'ruc�i� � .„ c. , � .. � � �� BY: �n..�..._ PRESIDENT � 5C.t7T T A. C.o 1.F1'1 A�N � fl2Es �dEN 7 �Yf1:��111►•/ Libe � urance Ca ATTORNEY-IN-FA Frances Murphy The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is: NAME: Willis of Texas, Inc, STREET ADDRESS: 15305 North Dallas Parkway, Suite 1100. Addison, TX 75001 (NOTE: Dccte of Performance Bond must be rlate of Co�ztract. If Resident Agent is raot c� corporation, give cz person's name.) TFB 5486 �� z ,. � � �" � z��`` � � ��;�' �� ':� 4 � � � State of California County of Santa Barbara On June 9, 2014 before me, _��ura C. Jevne, Notary Public (insert name and title of the officer) personally appeared Scott A. Coleman _....._........ �...... _ � who proved to me on the basis of satisfactory evidence to be the person(� whose namef�) is/�� subscribed to the within instrument and acknowledged to me that he/ /U4�y executed the same in his�i�r/t}��r authorized capacity ), and that by his/ /t ' signature�) on the instrument the person�), or the entity upon behalf of which the person(� acted, executed the instrument, I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature _ "� LAURA �.J[�N[ �� Commission A� 2026071 �� . � 1,�� ` Notary P�abllc - Cel.ifornii k�` � Senta Barbare County � �'` �9 Cn�r�€ri �:��a�t�� Jun �T, 2`017 (Seal) _ _ ACKNOWLEDGMENT State of California County of Santa Clara On June 5, 2014 before me, Jean L. Neu, Notary Public (insert name and title of the officer) personally appeared Frances Murphy ��. __.�.. who proved to me on the basis of satisfactory evidence to be the person(�j whose name(�) is/o�:e subscribed to the within instrument and acknowledged to me that �she/� executed the same in i��/her/�eaa� authorized capacity(ie� and that by�t�ther�f�ar signature(s� on the instrument the person(�), or the entity upon behalf of which the person(� acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. r_- 1 � �� , � JEAN L. NEU �' � Commission # 2056701 ' y� ��r� . / � �� 1;�� '„ Notary Public - Calilornia i � � , �� j "`�`,�,� ��.��— �, � ��,# � Santa Clara County ' Signature ��% m� . (Seal) .� �� omm. �x ores Mar �, 20�� 1 .,, �� ^ � a � ;�a,��,�,� _. � _ r' ---- nnmm .. . � _a, ...�.__ � .... WARNING: THIS POWER OF ATTORNEY IS INVALID WIT�°CC�UT �-1�L RED BORDER _ POWER OF ATTORNEY TRAVELER� �.� Farmington Casualty Company St. Paul Mercury Tnsurance Company Fidelity and Guaranty Insurance Company 'Ilravelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. 'I�ravelers Casualty and Surety Company of America .�,•'"''J � St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company Accorney-in Facc tvo. 2234gg CertiCcate No. 1 7 7 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, SL Paul Fire and Marine Insurance Company, St. P1u] Gulydi�ii Insurance Company, St. Paul Mercury Insurince Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and Uuited States Fidelity and Guaranty Comp�ny are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the °Companies"), and that the Companies do hereby make, constitute and lppoint d", Bryan D. Martin, Bradley N. Wright, Jean L. Neu, Erin Bautista, and Frances Murphy �°^'`'� of the City of _._._._ San 70Se _ , State i�Y',_ _,,,, CallfOi'n11 , their true and lawful Attoruey(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permit[ed in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto afFixed, this 23rd day of August 2013 I+�si�s��ii��ltxr� Casualty Company '� Fidelity and Guaranty Insurance Company �m' Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company 'Il�avelers Casualty and Surety Company TY°avelers Casualty and Surety Company of America United States Fidelity and Guaranty Company 9iY -.-: rui�'" u a - "'�� zrie �' m �n.c•�,��,� ,cc6y_. r&� . . , �,^w, �,�, N,��,� �� in�r��'��. y� '�ny�. �ti�y�u°w'H'.��y' ��S;�S9Y�j+ ��"�"��a� ��p'�' +.;�` R''� �`{�as se�,��a � ��^ � b :: �'�"„A � B;j �� . �, WC�F�RATED � �, c ( c;'�*.r . � ��uS�uRnt�- r� � � ti 9iRtd'f9 6 � � x �""��iletGr r ��. �+ p� X 2 �a�. '� �� a � � � t �r�r . s a' vt �c WAH�'��e�[1. �, -� d°� �' . i€�3� Y: x � ,� � r �t°' 1951 � ?� +�E �� t Png � �4 ��.� � � scswr� u t�av�. � ,� '� `�,�,-c�� ,� � a � s � � a ��a� � ��'� a'� kwa � �'$�� "� :E �"�-� °.. �i;y�� ,�� •Ae� � � b , ,. k�� "b& ,��,�"�` �+ e. i�y. � . ��'� h4t��: � . '�^' State of Connecticut City of Hartford ss. � +' . �r" f . �IJ � f . � �� ..r`� �� . �.. y,t re'r ' ,,.� By; _ _ _.. Robert L. Raney, ��n Vice President On this the 23rd day of August 2013 before me person�lly appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity aud Guaranry Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire aod Marine Insur,trtF�.t, ('irri�baa'rsya. ,'s{. l"wE4s1 4;rix�s�tirbs� knsurance Company, St. Paul Mercury Tnsurance Compaoy, Travelers Casualty and Surery C��i��Fiit}, i�°;g��°ters Casualty and Surety 4'arisr��.:'ry a+9��rm�: � n.�o. �t�3d lau�t��t �tates Fidelity and Guaranty Company, and that he, as such, being authorized so to do, execiitr•�.J i�i4=.1`s�r+°,y�?ing instrument for the pui qr��ti�v � rizc°s4t�ra a c3i�t.sir��tN 1�� wa� �tcj��, on behalf of the corporations by bimself as a duly authorized officer. ��4�� In Witness WhereoF, I hereunto set my hand and officill seal, �' My Commission expires the 30th d�y of June, 2016. �� Np � �� 58440-8-12 Printed in U.S.A. WARNIN�,:,: �� ' ��I�� ..._ — Marie C. Teueault, Notary Public r yl Y � ��t r � Fr �„u� � �t��L ilS+l°�"�i�7U"9'THE RED BORDER This Power of Attomey is granted under and by the authority af the following resolutions adopted by the Boards of Director�s of Farmington Casuaity Coanpany, Fidelity and Guaranty Insurance Campany, Fidelity and Guaranty Insu�•ance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insui°ance Campany, St. Paul Mercury Insurance Company, Travelers Casuaity and Surety Company, Travelers Casualty and Surety Campany of America, and United States Fidelity and Guaran[y Company, which resolutions are now in full force and effec[, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, tlxe Treasurer, any Assistant Treasurer, che Corporate Secretas•y or any Assistant Secretary may appoint Attomeys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his ar her cectificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bands, recognizances, contracts of indemnity, and ather writings obligatary in the nature of a bond, recognizance, ar conditional under[aking, and any of said o�ceis or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTH�R RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vrce 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 delegafion is in writing and a copy thereof' is filed in the office of the SecretaYy; and it is Ri7RTfiER RESOLVED, that any bond, recognizance, contc•act of indemnity, ar wdting 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 Pg°esident or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Carporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seai 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 'rn hls or her certificate or their certificates of authority or by one or mare Company officers pursuant to a written delegation of autiiarity; and it is FURTIIER RESOLVED, that the signature of each of the following afficers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistan[ Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile ta any Power of Attarney or to any certifcate relating thereto agpointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only af' executing and attescing bonds and undeitakings and other writings obligatary in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Carnpany and any such power so executed and certified by such facsimile signature and facsimiie seal shail be valid and binding on the Campany ln the fu[ure wrth respect to any bond or understanding to which it is attached. T, Kevin E. Hughes, the undersigned, Assistant Secretary, oP Farmington Casualty Company, Fidelity and Guaranty Insurance Campany, Fidelity and Guaranty Insurance Underwriters, Iuc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Sure[y Company of America, and United States Fidetity and Gaaranty Company da hei°eby ceatify that the above aud foregaing is a true and correct copy af [he Power of Attorney executed by said Companaes; which is in fnll force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 5 th day of _`Tune _ L, 20 14 %�"'' � �� Kevin E. Hughes Assistant 5�� ists°y �� N ��„�pA�£r � �. � qxkf. y � �`t�`� �k'�'i/� JV`'�� 1 ��za9x �1k4� ��+5�15PYy� ,�+��{�� p �tl4�JI#"�d�.... �,'�` �. 1'ICOAPORAiED � a. � .;'„ �F��a..au ar�.�� as'.��v�War�.�� HnmFC}N[7, m*�- � �tl�dRrr��. �� cn � t��E � � S � � ":C � ��.. ,,t �� ; a 1 �. v t;i7NH a � id#S'f. 6' , .ew � `��,� � � 1951 � , ^ m �;� �r r�t � �,,.5��.� �r �� , �,,� � �`�� . w�; 3 � �k�g�,�� .. �� , �� , . . , � �tr � �,.: ; �''`,�" ��.�,� . , „,� �r� To verify the authenticicy of this Power of Attorney, call 1-800-421-3880 or contact us at www.travelersband.com. Please refar to the A[tarney-In-Pact number, the above-named individuals and the details of the band to which the power is attached. WARNING:THIS POWER OF ATTORNEY IS INVALID WITi-d�19iTHE F�E�9 �S��d'DER i 1'; " ' i � �': STATE OF TEXAS § �• • • 1•Ifl ' COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That Spiess' Construction Compan , Inc;"��"�f whose address is 11 ] ti � �a�ar�� l�r� �� l � ��i.�� °i�, �'.� ��A:�S„I��°�i.t�c�4'i�;�° called Principal, aria Travelers Casualty and Surety Company of America �'' �, corpol'ation oT'ganized and eXlstillg under tl7e �.. � laws ofthe State of Connecticut , and fully authorized to transact business in the State of Texas, as Surety, are held and frmly bound unto the City of Denton, a municipal corparation organized and existing under the laws of the State of Texas, hereinafter called Owner, and unto a11 persons, firms, and corporations who may furnish materials for, or perform labor ��at�ia, the building or improvements hereinafter referred to, in the ��et�k��' sum of i)��e i�1il li��, ��z° l�t�rtc�rr�cl t��r�zaiy s�v�n t{�c�t.��i� six E�ttt��la•e;c� t�aet�Ly ('c��° °�°'�OLLARS (� 1�9 � 7,�"?��ii� 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, �irmly 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, id�i�lifi�c� %� �1�I=3 ��, ��v�tl-� �1�� it}�' �f ��c:r�t�t�, t1�� ti��x'ner, dated the 3�d day of June A.D.,201�, a�� ;icl ��4�� 'e�.�tt� �'�`��.�� T��°�s�k�t�i° Pl��s� II .�,��F NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties and malce prompt payment to all persons, firms, subcontractors, corporations and claimants supplying labor and/or matei°ial in the prosecution of the Worlc 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 Worlc 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 Worlc to be performed thereunder, or to the Plans, Specifications, Drawings, etc. IFB 5486 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, 1N WITNESS WHEREOF, this instrument is executed in {'ts��- �t��ies, each one of which shall be deemed an original, this the 5t� day of June , 2C�1�.nrt=; ATTE5T: BY: �� '�s;�,°,�4-- ��'�;�','� ��`��'� t� � �.� � _.� S 1�� i:" C"�"� I� °� ATTEST: : PRINCIPAL ,� �'�� Spiess �� r��tic�� ., c j ,�' �. BY: P� SIDENT � SUrrr A. COL�IAN� I�SIL�EI�JT SURETY �r�v��er��.y�a�u�lty and �ur�ky ��np�ny of America �$'� � ��'��f.� [�r,+'� r��.,.f '��Y � ,� �,r•� �' A I'C�f�:`�1-�,Y-IN-FACT ,��'' � Frances Murphy �� 3' .�� The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is; NAME: Willis of Texas, Inc. STREET ADDRESS: 15305 North Dallas Parkway, Suite_1100, Addison, TX 75001 (NOTE; Date of Payment Bond must be date of Con.tract. If Resident Agent is not a co�^po�^ation, give a person's name.) TFB 5486 �� ,� �� 3��t�� 3 � �� ,, �, � � State of California County of Santa Barbara On June 9, 2014 befare me, Laura C. Jevne, Notary Public _._ _ _ ... _ .� (insert name and title of the officer) personally appeared Scott A. Coleman _�...... ..... � who proved to me on the basis of satisfactory evidence to be the person(� whose name�) is/�[� subscribed to the within instrument and acknowledged to me that he/ /tl4�y executed the same in his��r/t��ir authorized capacity ), and that by his/ /t ' signature�) on the instrument the person�), or the entity upon behalf of which the person(� acted, executed the instrument, I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal, Signature ;,� � LAURA C. JEVNE �•° '� Commis�ion � 202 T1 � �`�° Notary Publfc - Crlifornlr �� ' `? � � �" � Santa Barbrre Counry ,. �.. � ,.°� �y ��rn�r� Fx�air�� Jun �i, 2017 (Seal) ACKNOWLEDGMENT State of California County of Santa Clara on June 5, 2014 before me, Jean L. Neu, Notary Public (insert name and title of the officer) personally appeared _ FranCes Murphy �_...... � who proved to me on the basis of satisfactory evidence to be the person(� whose name($) is/� subscribed to the within instrument and acknowledged to me that �adshe/� executed the same in ��/herf� authorized capacity(i� and that by�theri�f�r signature(s� on the instrument the person(�), or the entity upon behalf of which the person(� acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal, �t �� -� ��- �4 JEAN L. NEU �� Commission # 2056701 ,� � � � � � s � P��A�`� Notary Public - Calibrnia � yt � Ib f ��"` � � �l� r�� x�� ' �`��` �� Santa Clara County �e �� Signature °_�? -�� . - -- u �� (Seal) , � �� comm � ��,�res Mar i 2o�e � �, f� . � �}��,� _��.��_.�� _.��,�t?�y „�„�y.��„�,��,�� a�� ' WARNING: THIS POWER OF ATTORNEY f� li�!I�L�D WITHOUT THE RED BORDER . POWER OF ATTORNEY TRAVELER� � Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company 'I�ravelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. 'Iravelers Casualty and Surety Company of .�iaoss �•isaa�,�.''= St. Paul Fire and Marine Insurance Company United States Fidelity and Gaaranty Company St. Paul Guardian Insurance Company atcorney-�n Facc rro. 223488 Certiticate No. 0 17 1 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Compauy, St. P1u1 Guardi�n Insurance Company, St. Paul Mercmy Insurance Company, Tr�velers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company 1re corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Towa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Bryan D. Martin, Bradley N. Wright, Jean L. Neu, Erin Bautista, and Frances Murphy -. San Jose California y�, � • of the City of __._,,,,,, _, State wri'_ _, their true and lawfu] Attorne s-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contrlcts and executing or gu�ranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. I� 1�'a"�`�� 4� VG`� ii^,l��:t.D1�`, the Compaoies h�ve caused this instrument to be signed and their coiporate seals to be hereto affixed, this _. 23rd Ats�t�sQ 2013 , c��zo�� t — A Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company 'IYavelers Casualty and Surety Company lravelers Casualty and Surety Company of America United States Fidelity and Guaranty Company �t,c�Ea�r '�i�Yt� �� µn..�";�'+�� h11 � �L� �,� s�fg"'�3 �pa.rr aN�r �. � yy.asUHPfAr, � :. 4i?4Y'&�yj� F . f , � 4 , l3 .. � � � e5 - '�S �'� +�`� �'^ . € ��y�c�''zr��. .. �� a WC . �'*9. ��,pwv+� �yT� P n�oaA,*- �'m� "� � �` �" �� E V � � sa � ��.. OitfbRATED - r {� �,?� r s�;'� �'^� rP t � � , :�; +�p'e¢YkYSPu � i �� Y v� £' � . �:� t � '� �. NARTFORD� � �. RASitPFpF±fA �G �'��F: '+��. ,t � s � � a ca � CONN. � � �� G?Wlf � £ rti �G �.. � �� ' � �� ' 1951 ° �, :�� §.,,�a°,,a ��,L,� ;� � � �r ry �ct ° y . , .4 �, s d. � � �m� :aa � br ��^� y�'y. . �v , Me`�. �` �N �� y� r` �', , �rtd� ,� �' � �� : �,t Fqpa. e „�wa '�YJ A4t�� . ..M�'° ,1' ,� �� 4 °;,f'..,�' , " �'° ,�"� °,.,.` � y' � � .: � .�' L^ � State of Conuecticut °°"` By � �" '� .,.,.. � __ _._ ` �``� -._.......... City of Hartford ss. Rabei t L. R1ney, Sc�ii ,r Vice President 23rd August 2013 On this the day oi ... .............._ _ _, , before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Farmington Casu�lty Company, Fidelity and Guaranty Insurance Company, Fideliry and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualry �nd Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of Che corporations by himself as a duly authorized officer. , (F.�t�"1' � �- � In Witness Whereof, I hereunto set my hand and offici�l seal. �� My Commission expires the 30th day of June, 2016. ��dr �� r � � �.� � � 58440-8-12 Prin4ed in U.S.A. _._..... �� l: . � _.. Marie C. Teveaidt, Notary Public �' �r �� t ��,. { � � `� � � � �E Y S� w'�i A,`�' � �° ;,�� 'ft�IS P[SWEF'i C7F' Ai"I"CjFi#�EY IS INVALID Tlais Power of A[torney is granted under and by the au[harity of the following resalutions adopted by the Boards of Directors of Farmington Casually Company, Fidelity and Guarancy Insurance Company, Pidelicy and Guaranty Insuc�ance Underwri[ers, Inc., St. Paul Fire and Marine Tnsurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and SureEy Company, Travelers Casuatty and Surety Campany of America, and United States Fidelity and Guaranty Company, which c•esolutions are now in full force and effect, reading as fol$aws: RESOLVED, that the Chairman, the President, any Vice Ghairman, any Executive Vice President, any Seniar Vice President, any Vice President, any Second Vice President, the Ta•easui•ea•, any Assistant Treasurer, the Co'parate Secretae�y or any Assistant Secretary may appoint Attomeys-in-Fact and Agents ta act far and on hehalf of the Company and may give such appointee sach authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Campany's seal bands, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recagnizance, or conditional undertaking, and any of said officers or tfie Board of L7irectors at any time may iemove any such appaintee and revake the pawer given him ar her; and it is ' F'URTHER RESOLVED, tha[ the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President o'• any Vice President may delegate aIl or any part af the foregoing authority to one or more offjcers ar empiayees of this Company, provided that each such delegateon is in writing and a copy thereof is iiled in the office of tCie Seca•etary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature af 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 ar any Assistant Secretary and daly attested and sealed with the Company's seal by a Secretary ar Assistant Secretary; or (b} duly execnted (under seal, if required} by one ar more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates af autharity or by one or more Company offrcers pursuant to a written delegation of authag°ity; and it is FURTHER RESOLVED, that the signature af each of the fallawing officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seai of the Campany may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attameys-in-Fact for purposes only of executing and attesting bonds and undertakings and other wri[ings abligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seai 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 on the Company in the future with respect ta any bond ar understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary, of Parmington Casualty Company, Fidelity and Guaranty Insurance Company, Pidelity and Guu�anty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. PauI Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and Uni[ed States Fidelity and Guaranty Company do hereby cert'sfy that the above and foc�egoing is a true and correct copy of the Power af Attamey executed by said Companies, which is in full force and effect and has not been revoked. IN TESTIMONY WFIEREOF, I have hereunto set my hand and affixed the seals of said Companies this 5th day of June 2014 . �"' � • ..,_ . _....,_,_...� . . —_ Kevin E. Hughes,Assistant `i�;r� taasy y„�.�tiU,��,* pe�SY� .. �.. �tt�� ,�-� .�h�,r.i �� i" e�;Vq�,�,� $��.tr a.�p� {4�iai°p�, �y4SY;�� . 'S7Y Y w�'" x �T q 4` � . '� r 3,;, � �(,4BP4df+IT ~'� #y'= �� ii� � ��, " � ' ty^1 � � * G& � °��.�A� N1CORRORATED ,� ., rv. �� r� �,,�wvar�nt� ��i � ,�: �'� '�au .� 138Z cs *�" '�.'��l �r ,. cr+� 7 g. s.�! ��r. HART� RD. kNR�(7'fi(k �� '� i,�� -�r. £+�ay� LT . � � ��Ct�.�b.. � ,�S � ,� `51 � ,� }� �i E 14 � %�,is i � ��+,�Y�" a�a.Ie m ;�x. �re�`+ �'� �� . U��.y�� j . �� . I�6.�� ..�" i"� � .- � �R,.M'�,[..G - .€3.�7.M'�d�.: �%t� �°' g�r� ti�i at� � r z "�� '!f �,p[# -. To verify the authenticity of this Pawer af Attorney, call i-800-421-3880 or contac[ us at www.travelersband.com. Please refer to the Attorney-In-Fact number, the above-named individuals and the details of the bond to which the power is a[tached. WARNING:THIS POWER OF ATTORNEY E� I�dViRLI� WfTh1(7lJ"E`THE RED BORDER �� SPIECON-01 YADAVYO '4�� °� CERTIFICATE OF LIABILITY INSURANCE °"TE,MM'°°"""', 6l6/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. 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). PRODUCER ��'�T ��rt€f@c�t��willis.COm �� ran�s� Willis Insurance Servlces of California, Ina �?�i��+� � $7�" � 945-7378 F�`� �(88�) 467 2378 c/o 26 Century Blvd t+�� r�� '�� =� � �� !�� :_— � ..�.-. P.O. Box 305191 E �tnd�. Nashville, TN 37230-5191 ��'"�'°°°' °°�'°° ` INSURED Spless Construction Co., Inc. PO Box 2849 Santa Maria, CA 93457 COVERAGES CERTIFICATE NUMBER. INSURERISI AFFORDING COVERAGE NAIC p INSURERA National Union Fire Insurance Company of Pittsburgh 19445rN� �,,, �.,.w_., �,-..., ... INSURERB Granite State Insurance Company 23809 iNSUReRC:lllinois Union Insurance Company 27960µ INSURER D : INSURER E : REVISION NUMBER: - -- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTIMTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. -- – �– ..... INSR �� ,,,/``� � '� b'�U �- -� POLIGY EFF�� P(7�.CGY G%F LIMITS LTR TYPE OF IN,auf��itdC�'�. itica wvn � POLICY NUMBER , fMMIDD/VYWI 1 p�1.�1�3fJ,ryyYy GENERAL LIABILITY °`�� ' '�� '�� CH OCCURRENCE $ � � 'I �OOO�OOO _.. ,�'� r,�` ... ...�.._.... i�1 X COMMERCIALGENERALL9AE31€I�'Y X GL5142607 .� 9I1/2013 9/1/2014 �`fi'� °�� .....— ,,,:�� PR��h61SES�G�r��,�aarrs�n±.c�� .$ ...... 30�,�Od lCLAIMS-MADE �� f��Cl1�'�7 ' MED EXP (AnV one person) $ � �,�0� PERSONAL & ADV INJURV $ 'I ,OOO,OOO -- _._._ _ _..... GENERALAGGREGATE $ 2,000,000 — ......_..... _....... --- — GEN'L AGGREGATE LIMITAPPLIES PER PRODUCTS -COMP/OP AGG $ 2,000,000 PN�Gi- �N $ POLICY X , X T LOC � r��rn�c�s�c.� �.A�s3€,�� •j: rvntii��r� ��« ur�i� � 1,000,000 ......... ,w �,f` : �.di£CPi�011i] B' X ,�t�y r��7s7 §M'' CA3275258 "` 9/1/2013 9I1/201 BODILY INJURY (Per person) S � W ��'� ALL OWNED � � ��' SCHEDULED �� AUTOS AUTOS BODILY INJURY (Per accidenq $ ... ��...., AUTOS ��4 PEF�7v F7t�t�,4�� ...... ...... HIREDAUTOS NON-OWNED �ai' $ _ t ��rar��nt _..._ _ ....�. � � Comp/Coll Ded $ 1,00 = UMBRELLA LIAB OCCUR � EACH OCCURRENCE $ � .._.. . .. ..... _,,,,_....... EXCESS LIAB CLAIMS-MADE AGGREGATE $ . ....._ . ___...._ s QED '.. . �iFT�t�Y�lt�;�k,� '�. � � " S `� — WORKERS COMPENSATION ,��'' , ' �� WC S1�A9"U �OTH � s'' d"'�. TORY..�TS ...�.e.,�A .... AND EMPLOYERS' LIABILITY °`� Y I N '' '"-- � /4 ANY PROPRIETOR/PARTNER/EXECUTIVE N� A 'INC015656001 .ss'°� 10/1/2013 7O/'I/ZO'I4 •��E.L. EACH ACCIDENT $ �,��0��0� �� OFFICER/MEMBEREXCLUDED7 � �— �'"" '(Mandatory In NH) [ E.L, DISEASE - EA EMPLOYEE $ �,�00,�0� '... If yes, describe under (� DESCRIPTION OF OPERATIONS below �'.,,�'L. DI' SEASE - POLICY LIMI7 $ �,OOO,OO� C Builders Risk ,�''� 121105521 001 ,�-�°� �� 9/1/2013 9!1/201��,Limit $ 1,427,62 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (Attach ACORD 101, Addltlonal F�e�nardt�' S:�lszdul��, If more space Is requlred) SCCi Job: #21415 City of Denton Pecan Creek Interceptor Phase II IFB �4SE'' 'C'!�� City of Denton, its Officials, Agents, Employees and volunteers are included as Additional Insureds �s respects to General Liability and Auto Liability,�''' Ceneral Liability policy shall be Primary to any other Insurance in force for orwhich may be purchased by Additional h�stsr�ds ,� ��Wtl~ CERTIFICATE HOLDER �x � City of Denton `�"'€ 901 B Texas Street Denton. TX 76209 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED A�PFtESE2d�TA �,�-� . %r��- O 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD ENDORSEMENT This endorsement, effective 12:01 A.M. 09/O1 /2013 forms a part of policy No.GL 51�+-26-07 issued to SPIESS CONSTRUCTION CO„ INC. by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA THIS ENDORSEMENT CHANGES THE POLICY. PI.EASE READ I7 CAREFULLY_ CONTRACTOR'S COMMERCIAL PRIM� ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM Coverage afforded under this endorsement does not apply to any person or organization covered as an additional insured on any other endorsement now or hereafter attached to this Coverage Part. I. AQDITIOf11AL INSUREDS Section II - WHO IS AN INSURED, 1. is amended to include as an insured any person or organization described in paragraphs A through I below, whom you are required to add as an additional insured under a written contract or agreement. The written contract or agreement must be: 1. Currently in effect or becoming effective during the term of this poficy; and 2 Executed prior to "bodily injury", "property damage," or "personal injury and advertising injury". , A. BY CONTRACT Any person or organization to whom you become obligated to include as an additional insured under this policy, as a result of any contract or agreement you enter into which requires you to furnish insurance to that person or organization of the type provided by this policy, but only with respect to liability arising out of your operations or premises owned by or rented to you. However, the insurance provided will not exceed the lesser of: 1. The coverage and/or limits of this policy, or 2. The coverage and/or limits required by said contract or agreement. B. COIV7ROLLING INTEREST 1. Any person or organization having a greater than a 50% interest in you, but only with respect to their liability arising out of: a. Their financial control of you; or b. Premises they own, maintain or control while you lease these premises. 2. The insurance afforded to these additional insureds under Paragraph 1.B.1 does not apply to structural alterations, new consfiruction or demolition operations performed by or for that person or organization. C. CO-OWNER OR INSURED PREMISES A Co-owner of insured premises co-owned by you and covered by this insurance but only with respect to their liability as co-owner of the premises. 100983 (2/09) Page 1 of 7 D. LESSOR OF LEASED EQUIPMEN7 1, Any person or organization from whom you lease equipment, but only with respect to liability for "bodily injury", "praperty damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of such equipment leased to you by such person(s) or organization(s). 2. With respect to the insurance afforded to these additional insureds under Peragraph I.D.1, this insurance does not apply to any "occurrence" which takes place; a} after the equipment lease expires, or b) after the equipment is returned or no longer in your possession, whichever takes place later E. MANAGERS OR LESSORS OF PREMISES Managers or Lessors of premises but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you and subject to the following additional exclusions: This insurance under this paragraph does not apply ta: 1. Any "occurrence" which takes plece after you cease to be a tenant in that premises. 2. Structural alterations, new construction or demolition operations performed by or on behalf of such Managers or Lessars. F. MORTGAGEE, ASSIGNEE, �R RECEIVER 1. A mortgagee, assignee, or receiver but only with respect to their liability as mortgagee, assignee, or receiver and arising out of the ownership, maintenance, or use of the premises by you. 2. The insurance afforded to the additional insureds under Paragraph I.F.1 does not apply fio structural alterations, new construction or demolition operations performed by or for that mortgages, assignee, or receiver. G. OWNERS, LESSEES, OR CONTRACTORS - COMPLE7Ep OPERATIONS (1) Any Owner, Lessee or Contractor, but only with respect to liability arising out af "your work" performed for that additional insured and included in the "products- completed operatlons hazard". H. OWNERS, LESS�ES, OR COIVTRACTORS - ONCOING OPERATIONS Any Owners, Lessees, or Contractors, but only with respect to liability arising out of your ongoing operations performed for that additional insured. This insurance does not apply to "bodily injury" or "property damage" occurring after: (1) all work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) has been completed; o r, (2) that portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project, 100983 (2/09) Page 2 of 7 I. STATE OR POLITICAL SUBDfVISI0IV - PERMITS Any State or Political Subdivision, subject to the foliowing provisions: 1. This insurance applies only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit, 2. This insurance does not apply to: a. "Bodily injury," "property damage" or" personal and advertising injury" arising out of operations performed for the state or municipality; or b. "Bodily injury" or "property damage" included wifihin the "products- completed operations hazard". PRIMARY INSURANCE - ADDITIONAL INSUREDS Where persons or organizations have been added to your policy as additional insureds to comply with insurance requirements of written contracts mandating primary coverage for such additional insureds relative to: a) the performance of your ongoing operations for the additional insureds; or b) "your work" performed for the additional insureds and included in the "products- completed operations hazard, then with �especf to fhese additional insureds as defined above in this Section only, SECTION IV - COMMERCIAL GEN�RAL LIABILITY CONDITIONS, Paragraph 4. - Other fnsurance, a, - Primary Insurance, is deleted in its entirety and replaced with the following: This insurance is primary over any similar insurance available to any person or organizafiion we have added to this policy as an additional insured to comply with insurance requirements of written contracts mandating primary coverage for such additional insureds relative to (ay the performance of your ongoing operations for the additional insureds, or (b) "your work" performed for the additional insureds and included in the "products-completed operations hazard. However, this insurance is primary over any other similar insurance only if the additional insured is designated as a named insured of the other similar insurance. We will not require contribution of limits from the other similar insurance if the insurance afforded is primary. III, INCIDENTAI. MEDICAL MALPRACTIC� LIABIUTY COVERAGE SECTION II - WHO IS AN INSURED, 2. a. (7 )(d) is deleted in its entirety and replaced with the following: {d) Arising out of his or her providing or failing to provide professional health care services, except for "bodily injury" arising out of "Incidental Medical Malpractice Injury" by any physician, dentist, nurse or other medical practitioner employed or retained by you unless such "bodily injury" is covered by another primary policy. However, the insurance provided hereunder to such persons will not apply to liability arising out of services performed outside of the scope of their duties as your "employees." Any series of continuous, repeated or related acts will be treated as the occurrence of a single negligent professional healthcare service, which will be assignable to the same policy and policy year in which the originating ac# occurred. SECTION V- DEFINITIOIVS - is amended to add: "lncidental Medical Malpractice Injury" means "Bodily lnjury" arising out of the rendering of or failure to render the following services: 100983 (2/09) Page 3 of 7 a. medical, surgical, dental, x-ray or nursing service or treatment or the furnishing of food or beverages in connection therewith; or b. the furnishing or dispensing of drugs or medical, dental or surgical supplies or appliances. The Coverage provided by this endorsement does not apply to you or any insured if you are engaged in the business or occupation of providing any of the servlces described in the definition of "Incidental Medical Malpractice Injury". IV, JOINT VENTURES / PARTNERSHIPS / LIMITED LIABILITY COMPAI111ES The paragraph underSECT10N 11 - WHO IS AN INSURED which states: No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a IVamed Insured in the beclarations. is hereby deleted and replaced with the following: No person or organization, other than you, is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. Coverage under this policy, however, will not apply: a. Prior to the termination date of eny joint venture, partnership or limited liability company; or b. If there is valid and collectible insurance purchased specifically to insure the partnership, joint venture or limited liability company. V. SUPPLEMENTARY PAYMENTS Under SEC710N I- SUPPLEMENTARY PAYMENTS - COVERACES A AND B, Paragraph 1.b„ is deleted in its entirety and replaced with the foflowing: b. Up to $2,500 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. VI. LIBERALIZA710N GLAUSE If we revise or replace our standard policy form to provide more coverage, your policy will automatically provide the additional coverage as of the day the revision is effective in your state. VII. UNINTENTIONAL ERRORS AND OMISSIOIVS SECTION IV - COMMERCIAL GENERAL LIABILITY CONQlTIONS, 6. - Representations is amended by adding: d. The unintentional failure by you or'any Insured to provide accurate and complete nonmaterial representations as of the inception of the policy wifl not prejudice the coverages afforded by this policy. VIII. AMENRMENT OF DUTIES tN THE EVENT OF OCCURRENCE, OFFEIUSE, CLAIM OR SU[T SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, 2. - Duties in #he Event of Occurrence, Offense, Claim or Suit, a. is hereby deleted and replaced with the following: 100983 (2/09) Page 4 of 7 a. You must see to it that we are notified as soon as practicable of any "occurrence" or an offense, which may resuft in a claim, Knowledge of an "occurrence" or an offense by your agent, your servant, or your employee will not in itself constitute knowledge to you unless the Director of Risk Management for one with similar or equivalent title) or his/her designee will have received such notice. To the extent possible notice should include: ' (1y How, when and where the "occurrence" or offense took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. 1X. AMENDMENT OF EXPECTEb OR INTENDED INJURY EXCLUSION SEC7'ION l- COVERAGES, COVERAGE A- BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. - Exclusions, a. - Expected or Intended Injury, is deleted and replaced by the following: a. "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. 7his exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. X, CONTRACTUAL LIABILITY - RAILROADS Only with respect to (iJ operations performed within 50 feet of railroad property and (ii) for which e Railroad Protective Liability Policy in the name of the railroad has been provided, then A. SECTfOIV V- DEFIN1710NS, Paragraph 9, is deleted in ifis entirety and replaced with the following: 9. "Insured Contract" means: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract"; b. A sidetrack agreement; c. Any easement or license agreement; d, An obligation, as required by ardinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaini�g to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury" or "property damage" to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement: {1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (aj Preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or 100983 (2/09) Page 5 of 7 �I XII XIII (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; or (21 Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in Paragraph (1 } above and supervisory, inspection, architectural or engineering activities; and B. SECTION IV - COMMERCIAL GENERAL LIABILI7Y CONDITIONS, 4. - Other Insurance, b. Excess Insurance, {1) (a}, is amended to include the fallowing: (v) That is a Railroad Protective Insurance Policy or similar coverage. COVERAGE FOR YOUR SUPERVISORY OR MANAGERtAL EMPLOYEES RELATING TO CO- EMPLOY�E INJLJRIES SECTION fl - WHO IS AN INSUR�D, 2.a. (1 }, (a} and (b1 are clarified to hold that: Your supervisor.y or managerial "employees" are insureds for "bodily injury" to "co- employees" while in the course of their employment or performing duties related to the conduct of your business if claims or suits arise out of liability assumed by an insured under an "insured contract" as provided by SECTION I- CQVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILfTY, 2. Exclusions, e. Employer's Liabitity. WAIVER OF TRANSFER OF RIGHTS QR RECOVERY AGAINST OTHERS TO US SECTION IV - COMMERCIAL GEN�RAL LIABILITY CONDITIONS, 8, - Transfer of Rights of Recovery Against Others To Us, is amended by the addition of the following: We waive any right of recovery we may have against any person or organization pursuant to applicable written contract or agreement you enter into because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products-completed operations hazard". AMENDMENT OF OTHER INSURANCE A. SECT[ON IV - COMMERCIAL GENERAL LIABILI7Y CONDITIQNS, 4.- Other Insurance, b. - Excess Insurance, (1), is amended to include the following: This insurance shall not be excess where (i) such other insurance is specifically purchased to apply as excess of this policy, or (ii) where you are obligated by contract to provide primary insurance to an additional insured, unless there is other additional insurance coverage available to that additional insured. B. SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, 4.- Other Insurance, b. - Excess lnsurance, (21, is deleted in its enti�ety and replaced with the following: When this insurance is excess, we will have no duty under Coverages A or B to defend any claim or "suit" that any other insurer has a duty to defend. If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's �ights against all those other insurers. XIV. AMEMDMENT ACCREGA7E LIMITS PER PROJECT A. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under COVERAGE A(SECTION I►, offense under COVERAGE B(SECTION 1) and for all medical expenses caused by accidents under COVERAGE C(SECTION l), which can be attributed only to ongoing operations at a single designated construction p roject: 100983 (2/09) Page 6 of 7 �,r.: ��,� �M. �:; �� 1. A separate Per Construction Project General Aggregate Limit applies to each construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Per Construction Project General Aggregate Limit is the most we will pay for the sum of (i) all damages under COVERAGE A, except damages because of "bodily injury" or "property damage" included in the "praducts-completed operations hazard", f��1 all damages under COVERAGE B and {iii) all medical expenses under COVERAGE C regardless of the number of: a. I�sureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits".. 3. Any payments made under COVERAGE A or B for damages or under COVERAGE C for medical expenses shall reduce the Per Construction Project General Aggregate Limit for that construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Per Construction Project General Aggregate Limit for any other construction project covered under Yhis policy. 4. The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Per Construction Project General Aggregate Limit. B. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under COVERAGE A(SEC710N I}, offenses under COVERAGE B (SECTION 1) and for all medical expenses caused by accidents under COVERAGE C (SECTIQN I), which cannot be attributed only to ongoing operations at a single construction project: 1. Any payments made under COVERAGE A or B for damages or under COVERAGE C for medical expenses shall reduce the amount available unde� the General Aggregate Limit or the Products-Completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce aqy Construction Project General Aggregate Limit. C. When coverage for liability arising out of the "products-completed operations hazard" is provided, any payments for damages because of "bodily injury" or "property damage" included in Yhe "products-completed operations hazard" will reduce the Products- Compieted Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Construction Project General Aggregate Limit. ' p, If the applicable construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. E. The provisions of Limits of Insurance (SECTION Ill) not otherwise modified by this endorsement shail continue to apply as stipulated. 100983 (2/09) �� .,��, _ iawt�h+�ri��d Re.�r�s�r�t�tive or Countersignature (in States Where Applicable} Page 7 of 7 POLICY NUMBER: CA 327-52-58 COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the fofiowing: BUSINESS AUTO COVERAGE FORM GARAGECOVERAGEFORM M070R CARRIER COV�RAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsemenfi identifies person�s} or organization(s) who are "insureds" under the Who Is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form, This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective:p9/01 /2013 Jamed Insured: SPYESS CON5TRUCTION CO., INC. Name of Person(s) or Organization(s1: WH�RE REQUIRED BY WRI7TEN CQN7RACT Countersigned By: SCHEDULE (Authorized Representative CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 2