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2014-202 %(+$1$%$1$-"$%.1, 2014202 AdditionalFileExists AdditionalFileContainsRecordsNotPublic,AccordingtothePublicRecordsAct Other %(+$2#§º«(´¯º¯§²¹ ChangeOrderOneKOrdinanceNo.201502102/03/15JR r. � . • 1 � : 1 AN ORI7INANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF WASTEWATER COLLECTION SYSTEM IMPROVEMENTS FOR THE SHERMAN DRIVE/HOLIDAY PARK/LONGFELLOW DRIVE PROJECT; PROVIDING FOR THE EXPENI7ITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 5515-AWARDED TO THE LOWEST RESPONSIBLE BIDDER MEETING SPECIFICATION, QUALITY EXCAVATION, LTD.1N THE AMOUNT OF $917,524.50). 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 5515 CONTRACTOR Quality Excavation, Ltd. AMOUNT $917,524.50 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 5515 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 specified 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, MA'� )[� ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: : APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY � �� .�.� �� ,�, . ,� .o _ , � � BY: " �°,�"�.��.�'' . ��' �,��' �:�� .. � -�,f� � �� ,�° CONTRACT BY AND BETWEEN CITY OF DENTON, TEXAS AND QUALITY EXCAVATION, LTD (IFB 5515) � - • �� , � , • • I► i • . . THIS AGREEMENT, made and entered into this 15th day af Julv A.D., 2014, by and between ____ __ __mCitv of Denton of the County of Denton and State of Texas, acting thraugh George C. Campbell thereunto duly authorized so to do, hereinafter termed "OWNER," and Oualitv Excavation._ LTD. 958 Hi�hwav 377 Sl�ite 2pQ_ Auhrev, TX 7C227 af the City of Aubrev, County of Denton, and State of Texas , hereinafter termed "CONTRACTOR." WITNESSETH: That for and in cansideratian of the payments and agreements hereinafter rnentioned, to be made and performed by OWNER, and under the conditions expressed in the bonds attached hereto, CONTRACTOR hereby agrees with OWNER ta commence and complete performance of the work speciiied below: ; . . . � ! • '' • !' ' ' ,�' ! �` '`' ` � • '; • in the amaunt of $917,524.50 and all extra work in cannection therewith, under the terms as stated in the General Conditions of the agreernent; and at his (or their} own proper cost and expense to furnish all materials, supplies, machinery, equipment, taols, superintendence, labor, insurance, and other accessories and services necessary ta complete the work specified above, in accordance with the conditions and prices stated in the Proposal and the Performance and Payrnent 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 Instructians 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, bluep ', and other drawings and printed or written explanatary rnatter thereof, and the Specificatians therefore, as prepared by: G�•��1�� Associates. I�� all of which are referenced herein and rnade a part hereof and collectively evidence and constitute the entire contract. Illde eri erit StatuS It is mutually understood and agreed by and between City and Contractor that Contractar is an independent contractor and shall not be deerned to be or considered an employee of the City of Denton, Texas, for the purposes of incorne tax, withhalding, social security taxes, vacation ar sick leave benefits, worker's compensatian, or any other City employee beneiit. 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 i : � speciiications at the general direction of the City Manager of the City of Denton, Texas, or his designee under this agreement. �� ,�i� s ♦ r. �. � . . f` . . � . ! �� , �'; 1 � 1 • � !1 1 1 • � ,, � , ; �' � . . , , � , � . � , � . . . �; . � � � � �;� � � � � ,#' 1 • • � 1 �' ' • i _ . � �; . � . . � . �; . �_ �, . � . 1 i' . � � � � � � . �, 1 ' �' � � ........ ' � ! ��. 1 R �. . ��! R �i � �:. �R � �.. ..... � ..... � :. . � ! �. � �: � �i� � !�'.. � .., � .., �. • �.� �. � ... � � � '� � '; ' .. ' 1 .... � �, ... � .... � .... • .:. / � ... � '. . � � �: . � �..� �:� ��:, � �::� � �.. � .... • ��. ..... t . .. � ,.... • ,.. 1 .:• � .; ...... , ___ . , ___ • ��:, ....! ,�.: ..l , ..! w • 1 ..� � , �..1. . .... , ..... ,� � ! • '�:� ��: � �... � ._. � .. ., �� ..... • . �. �� .+ :� . . _,_ . • 1 • �: `�, � ,�. _.� , �... , - , ..,... ''_: � ;.. �... � � .... , .:. 1 ,.: ' .... , ,:.. �l � �....�, ... � :/ 1.... � • ...! � 1 � � ! ... ��:,. , �'.. .....! �' �: � � ■: � ____ , • ��.� 1 ��'� 1 �. 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 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. 'ght 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 duxing the contract period and five years thereafter, except if an audit is in progress or audit findings are yet unresalved, in which case records shall be kept until all audit tasks are completed and resolved. These baoks, records, documents and other evidence shall be available, within 10 business days of written IFB 5515 request. Further, the CONTRACTOR shall also require all Subcontractors, material suppliers, and other payees to retain all books, records, documents and ather evidence pertaining to this agreement, and to allow the OWNER similar access to thase documents. All books and recards will be made available within a 50 mile radius of the City of Denton. The cast of the audit will be barne by the OWNER unless the audit reveals an overpayment of 1% or greater. If an overpayment af 1% or greater occurs, the reasanable cost af the audit, including any travel costs, rnust be borne by the CONT CTOR which must be payable within five business days of receipt of an invoice. Failure ta comply with the provisians of this section shall be a material breach of this contract and shall constitute, in the OWNER'S sole discretion, graunds for termination thereof. Each of the terms "books" °'records" "documents" and "other evidence" as used above shall be 9 9 9 9 construed to include drafts and electronic �les, even if such drafts or electranic iiles are subsequently used to generate or prepare a final printed document. : IN WITNESS WHEREOF, the parties of these presents have executed this agreernent in the year and day first above written. ATTEST: �� I: �••: Z� 1�/ � l i 7: T.Y 1 C� l:� C� 7:7 ►� ' a � � '�� .�.'� A,�� ' � ATTORNEY ��'` � Ii�l:�.7.'�f.'. ��t�° t�f i;��t�i� .__- OWNER °� �� : �� .y-. �. � � � W �� w�wo BY: v,..,� _��. � ��, �,��.. �._. . �-�,�� .�,... �. � � ,.�._,�.. _. _... , �� y _ _ (�F�L��, , �°' . CONTRACTOR NAME � ��+ �� 1 , �£� 8 � �°�'..'�,� � `��. � �-- : :�� •�� i � � �� , � ; . . . . � ;•� � � ..� � . �� I' ' •' I i • '1 STATE OF TEXAS COUNTY OF DENTON Bond No. 1011814 KNOW ALL MEN BY THESE PRESENTS: That Qualitv Excavation, LTD�hose address is �}�� 1-�s�;l��v� �"77, `��ite �Ot�i A�br�:v, "I`� ��`i227 hereinafter called Principal, and Mid-Continent Casualty company ��' , a corporation organized and existing under the laws of the State of ox, 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 Nine (�9 [ 7,5� � SU,};`'ir� 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 ,[l�E� # SS 1�, with the City of Denton, the Owner, dated the 15th day of J� A.D��`�t�l_�,� '�a�~ I��c�m #f �� l��W�stuw��t:�f~ C'c�[lc:t�ticaiY ��Yr�� [��r,r�nv�:.i7a�nt� ��r• �11r��in�r-� I7��i�vc�_ 1-1��lid�v F'�rk. I�c��t;Ile�wP�� 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. IFB 5515 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 �:cs��es, each one of which shall be deemed an original, this the lsth day of Ju��. , aoi4 ATTEST: _� � � x�� ,� BY: _ �,.�� I�: IZ�T',!1L'e�" ATTEST: fi� � � BY: �°� �'�� ' '�� ° I��s Borha�z�, �7itness PRINCIPAL Qualit� Excavation� :F�`��. BY: PRESIDENT SURETY Mid ��t�a. ent ��s�a��y _ k`� �� — � �� BY: �'1�� m��'"-iN-FACT ,� .� ��nnifer Picchi The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is: NAME: Jennifer Picchi, PCL Contract Bonding Agency STREET ADDRESS; 2005 Cedarwood Drive, Carrollton, TX 75007 (NOTE: Date of Performance Bond must be date of Contract. If Resident Agent is not a corporation, give a person's name.) IFB 5515 s ,'�( • ��$ � �'v,� ��'� � � ;t, r�.�{ ' � . � � � ,�; 1' STATE OF TEXAS Bond No. 1011814 COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That Quality Excavation, LTD �hose address is �)�� i�[i�liw�a 3'i7 �«ite �Ci� ,��aba°��v "�1� 7��"�,��r'�i��,�;t` called Principal, and Mid-Continent Casualty �c��n,�;��yw��§ �a corporation organized and existing under the laws of .�� ..__�___._ �._ the State of �r :� � , and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, and unto all persons, firms, and corporations who may furnish materials for, or perform labor upon, the building or improvements hereinafter referred to, in the ��c��,�l sum of �ii�� -l�.r��ir��i, ��v�f7i�ei� ih�it��ai�d �v� 11t�nci�•e;� te�vc:irt �c3�� t�c�ll�r•s ai��l �it't� cc.nt�C�LI,.�1��'� ��l 7,5�4 ��.�`�a 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 �iy �3 �P��S l�, with the City of Denton, the Owner, dated the 15th day of J� A.D.,2�l�w�.'`f�r Bi� �f �;� l� W�t�t�'�`��t��" C�c�ll_e��i�� vst�c�� Improvements for Sherman Drive Holidav Park, Lon�fellow.h�.��'° 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 farce 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. IFB 5515 This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, as amended, and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Denton County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such surety, as provided by Article 7.19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas. IN WITNESS WHEREOF, this instrument is executed in ��1�� r��ies, each one of which shall be deemed an original, this the isth day of July ,��:t� ��:` ATTEST; .,.,, .� , °.��. ��,.,N, ,_,...... BY �° ' � �` - � �-�� ._... �l�C�l�� 1�Y ATTEST: �., � `1 � �� , BY: � '�' � _ � L�I'� Se�r�aug,,r W t2�sc;a� _ , �� PRINCIPAL Quality Excavation, LTD. BY: � .,��.��v� `� .. PRESIDENT SURETY Mid-��i�r BY: ��,�' �.. '"f"� :�i�.T� � �''� Je ,.,,.. t Casualt� !(T�1-F'��T fer Picchi The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service o.f the process is: NAME: Jennifer Picchi, PCL Contract Bondina Aaenc STREET ADDRESS: 2005 Cedarwood Drive, Carrollton, TX 75007 (NOTE.• Date of Payment Bond must be date of Contract. If Resident Agent is not a corporation, give a person's name.) IFB 5515 �_ �� , ��-�� ,� �' ��M� MID—CONTINENT CASUALTY COMPANY 1437 SOUTH BOULDER, SUITE 200 • TULSA, OKLAHOMA 74119 • 918-587-7221 • FAX 918-588-1253 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the MID-CONTINENT CASUALTY COMPANY,�'� �c�rporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below, each individually if more than one is named, its true and lawful attorney-in-fact, for it and in its n;�rt��, „p9�� and stead to execute on behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other writter� �k�1i��ti��r� in the nature thereof. �isa Borhaug, Clem F. Lesch, Eric Lesch, Steven W. Lewis, Patrick C. Locke, Jennifer Pic��ai�nd �l11�r� B. Sparks, Jr., all of DALLAS, TX IN WITNESS WHEREpF, the MID-CONTINENT GASUALTY COMPANY has caused these presents to be signed and attested by its approprlete officers and its corporate seal hereunto affixed this 27 day of May , 2014 m+��P��h3�#'�� X°'`�`��'� t' ��p��'��u':� +. +�' ."ti�`� �f�`". � �.. .�. #.�� y ��:� 1'�4 �� : � 4. � y :'�� ., . .• ��;� "��.�rfl�li+�p'� %as ATTEST, �+�y ° � � � �`�� ,��`� ��,a��. ` �"'y��-� �" � �}°I�4Fl�N i�i�� i�t�ry MI�-CONTINENT CASUALTY COMPANY T�[�C7 �A�TA - 1li�,C PRESIf3�NT On this 27 day of May 2014 before me personally appeared TODD BAZATA , to me known, being duly sworn, deposes and says that s/he resides in Tulsa, Oklahoma, that s/he is a Vice I�resident of Mid-Continent Casualty Company, the company described in and which executed the above instrument; that a/he knows the seal of the said Company; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by authority of her/his office under the By-Laws of said Company, and that s/he signed his name thereto by like authority. STATE OF OKLAHOMA COUNTY OF TULSA ��r�� j��`'F�"�� .�'sk� � �', �`�,�,�� +��`�A�� , 5S �� ; "' � � `� � p�� : #�� ^��*�� ,3i ��, �� *��'�rP �� '�} �rrltl# ��i�� 71008253 . � � 1: ' — ��" � � � � �� r .�a. � �;::�,�;.� ,..� 1' .:_.. :. -�x �...��t ��.�' � This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Mid-Continent Casualty Company by unanimous written consent dated September 25, 2009. RESOLVED: That the President, the Executive Vice President, the several Senior Vice Presidents and Vice Presidents or any one of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys-in-Fact to execute on behalf of the Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment at any time. FtES�L�i�� FURT�k��: That 4�� r�mp�r€� ��I �r�d il�� s�n�i�rr� s��ry rs� �he aforesaid officers and any Secretary or Assistant Secretary of tP�� arr�p�ny tr�ay �re a��xe�i t�y iac�emi�� Cca �ny p�w�r e�i �ti�r�r�y ot c�rt4��c�k� c�f �wt��r given for the execution of any bond, undertaking, contract of ss��{ysE�gy�, trr c�#h�r �ri#ter� r�a�9��ic�n in th� �atur� tka�rsrr�, �t�� sf�n�iur� �rsc� ��1 �i�en so used being hereby adopted by the Company as the original sCC�ra�tue`� crf su�� fi��r a€td l6�� r�r@pinal ��a4 of tt�e �t�rr§�a�n�r, ta ba ��i�� a�d binding upon the Company with the 5ame force and effect as though manually affixed. CERTIFICATION �, SHARON HACKL S�CPetary of Mid-Continent Casualty Company, do hereby certify that the foreyoing Power of Attorney and the Resolutions of the 6oard of Directors of September 25, 2009 have not been r�v�rke� �r�d aa� navv i� full force and effect. �` � m �. �,�� e r, �� Signed and sealed this � s�ay of ,'�d'°�� .r� ��:�"� Rrr€�rr � 1 �+�jy Gd��dt,�`�`�. �� .� � �'��,°�"�• (�,S' t} y � �'�'� � r =`� �'� ,� � 4, . �'+� ��:0� � �r` ,�,i'�°G�,(�,�„��t..� � a��+.� , rs� t��1�L '�� , r�. �', a;�*: �h�A��! N��G€�� _,,- ��cr��ry ��. , ,�4;� � �,� , �t7�M1�3 3x+_ � `�rarsrk�'�� ' ' � ' �Y ��. �� yy� �� Client#: 727044 QUALIEXC DATE (MM/DD/YYYY) ACORDTM CERTIFICATE OF LIABILITY INSURANCE 7/23/2014 _ _ __ 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. INiPC7RTAhl�"; Pf th�s �e�i#ic�k� livCd�:r 3� an ADDITIONAL INSURED, the pqti�c�[�e�� maast �e �ndvr��d. If SUBROGA`��iV I� WR�1f��, ��a�ject 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 �ndvrs�m�rat(�}. PRODUCER �NAME: USI Southwest Dallas /CL a�"N . EXt, 214 443-3100 �„�� ,�; 214 443-3900 1445 Ross Avenue, Suite 4200 �•��- "— "�V Dallas, TX 75202 �� —`�� — 214 443-3100 INSURER(S) AFFORDING COVERAGE NAIC # _� ��.___. �,�,a . w�,�. __ iNSUReRn: Liberty Insurance Corporation 42404 INSURED Quality Excavation, Ltda��°� 958 US Highway 377, Ste 200 Aubrey, TX 76227 � .. _. �. __� � . _ r irvsuReR e Liberty Insurance Corporation _. _— — — — y� �,� -��y� iNSUReR c: Texas Mutual Insurance Company � ��`°�j� INSURERD Federal Insurance Company — _ _ _�� „�� E, Liberty �'ftrt��al �i�e Insurance C � ,,t _. _ ___ _ � .. �.� 42404 20281 COVERAGES CERTIFICATE NUMBER: 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. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS ' CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, ' EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, — — �� ,q[�Q�,'��$E� - �� -� POLICY EFF � POLICY EXP LIMITS LTR TYPE OF INSJR`L4NCE �� POLICY NUMBER (MMIDD/YYYY1 ;IMMIDD/YYYY) ___.. _ —.— _ A GENERAL LIABILITY �{°``� TB7Z91456886034 �u� 5/04/2014 05/04/201 EacH occuRReNCe �$1,000,000 °°"'�� X COMMERCIAL GENERAL �_tA€iILtTY �+1 a�? RE�kT�D �`1��+��.�{� �{.�r4�r��r,��} ....$300;000 ICLAIMS-MADE �� CaCG�1F�,;,, " � MED EXP (Any one person) $ rJ,��O X PD Ded:1 FOOO � PERSONAL & ADV INJURY $ �.00O.00O � �GENERALAGGREGATE $Z,OOO,OOO '"`� . � w� ,.,�„ � , �_. _ ,,.,.,... ! GEN L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2 OOO.00O r�ur�nn��i�� i rv ,.-�.. — _._._._. . — -- AS2Z91456886024 ..,,,��:: 5I04/2014 05/04/201 ��n��r�� r��E un�i� _1,OOO�p .... ....... I POLICY �� T � LOC _ $ � .. . E � €� a�:�:ic�nrit $ �� r` '" BODILY INJURY (Per person) $ i� AN'Y i1t1`f�t� .,�'� ____-- --- -�—�-- ._._. .. ....._._._.. ALL OWNED SCHEDULED BODILY INJURY (Per accident) '$ _ AUTOS _ AUTOS .........._ _ NON-OWNED P@�C�PERCY17AhRA�F.. $ X HIRED AUTOS X AUTOS ��°�+..��"?�?j $ -- —.. — ._...__� ......_. .. � �..,F._ � .r. ��_ g X UMBRELLA LIAB � X oecuR TH7Z91456886044 5/04/2014 05/04/2015t encH occuRReNCe $5,000,000 EXCESS LIAB � CLAIMS-MADE � AGGREGATE $S.00O.00O — � �. . � _ _ .......... DED � X�RETENTION$�ODOO �' $ -- - - .............._.__ - _.. WORKERS COMPENSATION . ' WC STATU 3' OTH- ____„ _ C v�'Y TSF0001236900 ,�l 5/04/2014 05/04/201 X T(1RV I IMITS �p AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVEI� t�� E.L. EACH ACCIDENT $�.00O.00O OFFICER/MEMBER EXCLUDED? ` N� N I A ° (Mandatory In NH) E.L DISEASE - EA EMPLOYEE $� ��.�� If yes, describe under ��-�- �� - ----�— � �� DESCRIPTION OF OPERATIONS below E.L DISEASE POLICY LIMIT �$�.00O.00O _ q P — — ........ m„.._.. _ D E ui Floater � 6694698 5/04/2014 05/04/201 Blanket LeasedlRented � $500,000 Limit � $1,000 Deductible DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Addltlonal Remarks Schedule, If more space Is requlred) RE: Denton - Wastewater Collection System Improvements for Sherman Drive, Holiday Park and Longfellow.-°'' , This Certificate is issued in respects to above referenced. i`hc +��rt�r�l L.��bility �nd Autt?r��b�� rli�y(�� ir�ctud+�s �n at�t+��tic 11�d�itivn�l Ins�t'�d endvrse�rrent th�� . . ...�a.� _� provides Additional Insured status to the Certificate holder, only when there is a written contract or (See Attached Descriptions) � City of Denton,,.{' 901 A Texas Street Denton, TX 76209 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 REPRESENTATIVE T' c,J • � a.�n�o`ti O 1988-2010 ACORD CORPORATION. All rights reserved, ACORD 25 (2010I05) 1 of 2 The ACORD name and logo are registered marks of ACORD #S 12975624/M 12887279 TXHZP SAGITTA 25.3 (2010105) 2 of 2 #S12975624/M12887279 . . �� . �� ' ' 1 " � � ' 1 ' Upon contract execution, all insurance requirements shall become contractual obligations, which the successful corztractor shall have a duty to maintain throughout the course of this contract. STAND PROVISIONS: �thout limitrng any af the other obligations ar liabilities of the Cantractor, the Contractor shall provade and maintain untrl the contracted work has been completed and accepted by the Czty of Denton, Owrter, the mrnimum insurance coverage as indreated hereznafter. Cantractor shall file wdth the Purchasrng Deparlment satisfactory cer°tifrcates of insurance including any applicable addendum or endorsements, cantarnrng the contract rcumber and t�tle af the prajec� Contractor may, upan written request to the Purchasing Department, ask for clarrficatran of any ansurance requirements at any time; however, Contractor shall not corrtmence any work or deliver any material until he or she receives notificat�on that the contract has been accepted, approved, and sigrzed by the Crty of Denton. All insurance policies praposed or obtained in satisfaction af these requirements shall comply with the following general specificat�ans, and shall be maintaaned in compldance with these general specafzcations throughaut the durataon of the Contract, or longer, af sa 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- VII or better. • Any deductibles or self-insured retentians shall be declared in the propasal. 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 valunteers; or, the contractor shall procure a band guaranteeing payment of losses and related investigations, claim administration and defense expenses. • Liability policies shall be endarsed to provide the fallowing: ■ Name as Additional Insured the City of Denton, its Officials, Agents, Employees and volunteers. � That such insurance is primary to any other insurance available to the Additional Insured with respect to claims covered under the policy and that this insurance applies separately to each insured against whom claim is made or suit is brought. The inclusion of more than one insured shall nat operate to increase the insurer's limit of liability. • Cancellat�an: Crty requires 30 day wrztten notdce should any of the palacres descrrbed on the cert�ficate be cancelled or materrally changed before the exparatzan date. • Should any of the required insurance be provided under a claims made form, Contractor shall maintain such caverage continuously throughout the term of this contract and, without lapse, for a period of three years beyond the cantract expiration, such that occurrences arising during the contract term which give rise to claims made after expiration of the contract shall be covered. IFB 5515 • Should any of the required insurance be provided under a form af 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 Cantractor shall either double the occurrence limits or obtain Owners and Contractors Pratective Liability Insurance. • Should any required insurance lapse during the contract term, requests for payments originating after such lapse shall not be pracessed until the City receives satisfactory evidence of reinstated coverage as required by this cantract, 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. *'' . � 1? 1 ,,. � . . � � � � �� ' 7 fi r� r i� ��.i I I t.. i �� R ��..: i I'� I I �e� r�� i� '..�1 r�� I i��'��. �� / / " � I ' ! / " I ! . I f� I I ' I �� I !�� I � :l I I I ��:f l f �.. /:.:r / �.. l �r'l r /�j.. � (.. / / �� l �. l /'�: / y': � i � �;�!./��' [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 Contractar. The policy shall be written on an occurrence basis either in a single policy or in a cambination 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 properiy 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 Praperty Damage Liability for premises, operations, products and completed operations, independent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures. • Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability. [X] Automobile Lfability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) af not less than 500 000 either in a single policy ar in a combination of basic and umbrella or excess palicies. 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 IFB 5515 in conjunction with this contract. Satisfaction of the above requirernent shall be in the form of a policy endarsement far: • any auto, or • all owned hired and non-owned autos. [X] Workers' Compensat�on Insurance Contractor shall purchase and maintain Workers' Compensatian insurance which, in addition to rneeting the minimurn statutory requirements far issuance of such insurance, has Employer°s Liability limits of at least $100,000 far each accident, $100,000 per each employee, and a $500,000 policy limit for occupational disease. The City need nat 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 Contractar shall comply wiih the provisions of Attachment 1 in accordance with §406.096 of the Texas Labor Code and rule 28TAC 110.110 of the Texas Workers' Compensation Commission (TWCC). 1 � � � ' i , � The Contractor shall obtain, pay for and maintain at all times during the prosecution of the work under this contract, an Owner's and Coniractor°s Protective Liability insurance policy naming the City as insured far property damage and badily injury which may arise in the prosecution of the work or Contractor's operations under this contract. Caverage shall be an 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 $500.000.00 combined bodily injury and property damage per occurrence with a$1.000,000.00 aggregate. [] Fire Damage Legal Liability Insurance Coverage is required if Broad form General Liability is not provided or is unavailable ta 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 $1,000.000.00 per claim with respect ta negligent acts, errars or omissions in connection with professional services is required under this Agreement. [ ] Builders' °sk Insurance Builders' Risk Insurance, on an All-Risk form far 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. :: ATTACHMENT 1 [X] Workers' Compensation Coverage for Building or Construction Projects for Governrnental Entities A. Definitions: Certificate of coverage ("certificate"}-A copy of a certificate of insurance, a certiiicate of authority to self-insure issued by the cammission, 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 an 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 cantractor has undertaken to perform on the project, regardless of whether that person contracted directly with the cantractor and regardless of whether that person has employees. This includes, W1tYlOUi Ilrilliat1011, independent cantractors, subcontractors, leasing companies, matar carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services an the project. "Services" include, without limitation, providing, hauling, ar 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 af the Contractor providing services on the project, for the duration of the project. C. The Contractor must pravide a certi�cate of coverage to the governrnental 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, iile a new certificate af coverage with the governmental entity shawing that coverage has been extended. E. The contractor shall obtain from each person providing services on a project, and provide to the gavernrnental entity: 1. a certificate of coverage, prior to that person beginning work on the project, so I : " the governmental entity will have an iile certiiicates of coverage showing caverage for all persons providing services an the project; and 2. no later than seven days after receipt by the cantractar, a new certificate af coverage showing extension of caverage, 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 ane year thereafter. G. The contractor shall natify the gavernmental entity in writing by certiiied 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 af 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 praject that they are required to be covered, and stating how a person rnay verify coverage and report lack of coverage. I. The cantractor shall contractually require each person with whom it contracts ta provide services an a project, to: 1. provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which rneets the statutory requirements of Texas Labor Code, Sectian 401.011(44) for all of its employees providing services on the praject, for the duration ofthe project; 2. provide to the contractor, prior ta that person beginning work on the project, a certificate of coverage shawing that coverage is being provided far a11 ernployees of the person providing services on the project, for the duration of the project; 3. provide the contractar, prior to the end of the coverage period, a new certificate of caverage showing extension of coverage, if the caverage 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 ta the contractor: a. a certificate of coverage, prior to the other persan beginning work on the project; and b. a new certificate af 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 ofthe project; IFB 5515 5. retain all required certificates of coverage on fle for the duratian of the project and for one year thereafter; 6. notify the gavernmental entity in writing by certiiied mail or personal delivery, within 10 days after the person knew or shauld have known, of any change that materially affects the provision of coverage of any persan praviding services on the project; and 7. Contractually require each person with whom it contracts, to perfarm as required by paragraphs (1} -(7), with the certifcates of caverage to be provided ta the person for whom they are providing services. J. By signing this contract or providing or causing to be provided a certiiicate 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 duratian of the project, that the coverage will be based on praper 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 inforrnation 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 pravisions is a breach of contract by the contractar 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 gavernmental entity. IFB 5515 1'RO.T�CT NAMC: Wnstewater Collection System Improvemenls Shcrmnn Da•ive / A[oliday Paa•k / Long%Ilow BASE BlD TABULATION SHECT Substantial Complction Calendar Days IFB � P.O, No. � Itcm 1:}� �r�•i�tCis:et� ��r�r�n�iiy � Unit � Unit Price ITCMS APPLLCABLE TO ENTIR� PRO.T�CT _ ..��m� , I03.3 +SiirclyBonds . 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UmtPriceInWords: �r��,~� � �� _.� _--�- � � ..�_ �. !07 l9 3 Trench Safety�� _ �_m� � N . . �92 LF � L�nit Price In Words; ��' � � 2A0 5515 '1'otnB _ �_ ...........��....... . � _�.�� .._....� .. � ��_.. .._ � _. . � �.�.,.,.,_ � � ...�_ _—n- �...�� P-3 / LF ( � �� t / LP I PROJCCT NAM�: WAStE�VAf@I' COII0CtB01H SySfCRI Ifll�l•ovements Calcndar Days 240 SLermau Drive / Holiday Pad•Ic / Longfelloev I�'B 5515 P.O. No. � BASE BID'CAI3ULATION SHEET P-4 Receipt is hereby acknowledged of the following addenda to ihe plans and specifications: Addendum No. 1 dated �� Received _ :_._ ��.. . — _._._. 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