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2014-292•:� ` � '� i � • �, R ' � � , • ' : ! , � , • • � � • , �. • ' ' � •' • ' •' • ''' ' • ' � ' ' ..� ..� R �. . � • �, � � �� • � ■��` � • !� : �' � . � �'') � • • ' '' '�'' : : �� ' ': ' • . • . � �' � .. . � � '� �!� • 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 ar a designated employee has received and recommended that the herein described bids are the lowest responsible bids for the canstruction of the public works or improvements described in the bid invitation, bid proposals and plans and specifications therein; No VV y 1 i1EdOl.�i' o n 1'.y ' � � � � � � i � � 1 � 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 appraved as being the lowest responsible bids: BID NUMBER CONTRACTOR AMOUNT 5476 Speiss Construction Company, Inc. $1,604,356 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 af such public works or improvements herein accepted and approved, until such person shall comply with all requirements speciiied in the Notice to Bidders including the timely execution of a written cantract and furnishing of performance and payrnent bonds, and insurance certificate after notification of the award of the bid. SECTION 3. The City Manager is hereby authorized ta execute all necessary written contracts for the performance of the construction of the public warks or impravements in accardance 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. �Lt��l'�ON 4. The City Cauncil af 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 5476 to the City Manager of the City of Denton, Texas, or his designee. SECTION 5. Upon acceptance and appraval ofthe abave competitive bids and the execution of cantracts far the public works and improvements as authorized herein, the City Council hereby autharizes the expenditure of funds in the manner and in the amaunt as specified in such approved bids and authorized cantracts executed pursuant thereto. SECTION 6. This ordinance shall become effective immediately upon its passage and approval. � I���,���1) ��.I`�� ?11'laI�.[�}V1�17 �P�is il�� �� ��F ci�zy �11��'�.j� �°�'�'��r�., ?C1�4 .�.., � ti�_ � HRIS WATTS, �1�1.YOR . . . . . .. / + kA r }� �'� f,`�r "�89 ,}�/� f BY: ���"[� �r�� S'��f_ a�, �''P'�"�:�'��''�, { A,�"��� � ��'" � ....! �; � • � •' . . ; • . , �• �"�� �—�".�"=� � . �......_ , ° �, BY: _��-��`"�''�~' �,....�� �� �''"` .�~ �-� �"�,,�� �._._ � � � � �,,,,,,,, CONTRACT BY AND BETWEEN CITY OF DENTON, TEXAS AND SPIESS CONSTRUCTION COMPANY,INC (IFB 5476) STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT, made and entered into this 16� day of September 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_'���zc���� (."��°���t°�t�t_i����a ��yr.���� �wa�,���p_Im�J � . �"l��n•tl� �u�, J8'� �� ���r���a ����_��t� �.l� �_���,� of the City of Santa Maria, County of Santa Barbara, and State of California , hereinafter termed �._ � "CONTR.ACTOR," WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by OWNER, and under the conditions expressed in the bonds attached hereto, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified below: IFB #5476 — 2499 LJTILITY RELOCATION PHASE II in the amount of $1,604,356 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 %r Bids), and Instructions to Bidders, as referenced herein and on file in the office of the Purchasing Agent, and in accordance with the plans, which includes all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by: City of Denton En ineerin� Services all of which are referenced herein and made a part hereof and collectively evidence and constitute the entire contract. Independent Status It is mutually understood and agreed by and between City and Contractor that Contractor is an independent contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas, for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, worker's compensation, or any other City employee benefit. City shall not have supervision and control of Contractor or any employee of Contractor, and it is expressly IFB 5476 understood that Contractor shall perforrn the services hereunder according to the attached specifications at the general direction of the City Manager of the City of Denton, Texas, or his designee under this agreement. Indemnification CONTRACTOR COVENANTS AND AGREES TO AND DOES HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND, AT ITS OWN EXPENSE, OWNER, ITS OFFICERS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY LOSS OR DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED ARISING OUT OF THE WORK AND SERVICES TO BE PERFORMED HEREUNDER BY CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES, SUBCONTRACTORS, LICENSEES OR INVITEES, WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY THE ALLEGED NEGLIGENCE OF THE OFFICERS, SERVANTS, OR EMPLOYEES_OF THE OWNER. CONTRACTOR LIKEWISE COVENANTS AND AGREES TO, AND DOES HER.EBY INDEMNIFY AND HOT..A��w HARMLESS OWNER DURING THE PERFORMANCE OF ANY OF THE TERMS AND CONDITIONS OF THIS CONTRACT, WHETHER ARISING OUT OF IN WHOLE OR IN PART, ANY AND ALL ALLEGED ACTS OR OMISSIONS OF OFFICERS, SERVANTS, OR EMPLOYEES OF THE OWNER. THE 1�"l�C.}"�"�4�ONS OF THIS PARAGRA.PH ARE SOLELY FOR THE BENEFIT OF THE PARTIES HERETO AND NOT INTENDED TO CREATE OR GRANT ANY RIGHTS, CONTRACTUAL OR OTHERWISE, TO ANY OTHER PERSON OR ENTITY. Choice of Law and Venue This agreement shall be governed by the law of the State of Texas and venue for its construction and enforcement shall lie in the courts of Denton County, Texas. The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in written notice to commence work and complete all work within the time stated in the Proposal, subject to such extensions of time as are provided by the General and Special Conditions. The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the Contract. Right to Audit The OWNER shall have the right to audit and make copies of the books, records and computations pertaining to this agreement. The CONTR.ACTOR shall retain such books, records, documents and other evidence pertaining to this agreement during the contract period and five years thereafter, except if an audit is in progress or audit findings are yet unresolved, in which case records shall be kept until all audit tasks are completed and resolved. These books, IFB 5476 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", "docurnents" and "other evidence", as used above, shall be construed to include drafts and electronic files, even if such drafts or electronic files are subsequently used to generate or prepare a final printed document. IFB 5476 IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written, A'� "�'�:���T: � �, � �' �� ��. ��,�..,���.�� �� �����.,�,� � ���. � Jeff Davidson, Secretary APPROVED AS TO FORM: �� �� ���� ��� „� (.,� ATTORNEY � ��"' IFB 5476 Citv of 1=i�x���A� O WNER k ��� �,,,�•��� BY; ��" ��.,�� " � ....... � � �� ��,� N �� __._.:�,..�.�'�`�" a���,...��__.... �� .�..._. (SEAL) Spiess Construction Co., Inc. CONTR.ACTOR NAME P.O. Box 2849 Santa Maria, CA 93457 MAILING ADDRESS 805-937-5859 PHONE NUMBER 805-934-4432 ^°�1�� (.�I�"�I ��� . .__ BY; ����x� ���, ,� ��..m_. .���__.. AUTHORIZED AGENT Scott A. Coleman PRINTED NAME President TITLE (SEAL) PERFORMANCE BOND . � , COUNTY OF DENTON Bond #106123316 KNOW ALL MEN BY THESE PRESENTS: That Spiess Construction Companv, Inc, whose address is 1110 E. Clarlc Ave, #210, Santa Maria, CA 93455 hereinafter called Principal, and Travelers Casualty and Surety Company of America � a corporation organized and existing under the laws of the State of Connecticut , and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, in the penal sum of One million, six hundred four thousand, three hundred fift,�DOLLARS (1,604,356), in lawful money of the United States, to be paid in Denton County, Texas, for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement, which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement, which reduces the Contract price, decrease the penal sum of this Bond. THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain Contract, identified by IFB # 5476, with the City of Denton, the Owner, dated the 16th day of September A.D.,2014, for Bid # 5476 — 2499 Utilitv Relocation Phase II 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 ful�ll 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 5476 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 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 5tate 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 WIT'NESS WHEREOF, this instrument is executed in four copies, each one of which shall be deemed an original, this the 18th day of September , 2014 ATTEST;. "� ��„ � � � � � , BY; � � �" ,,��"��� �� �; ���`��"�"��,w � . � ...��... �1�,�`�; l;"�"�ii��r" JEFF vavu�soN ATTEST: I:' PRINCIPAL ��ie�� �r�ar�s�ru � "i�rY Cc�, � +� ���...�.� ................._.... BY� ��'°�����" � ���� �`,�°�" �'���������N PRESIDENT �TT A. COLrMAN� SURETY Travelers Casualty and Surety Company of America � tl � ! ..� � BY: � �� �, , �f 'r�� � � �`�,� � `�w ,.,� _._. ��..... ����........., �°� �'���'�1 "�-1N-FACT Erin Bautista 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 Performance Bond must be date of Contract. If Resident Agent is not a corporation, give a person's name.) IFB 5476 ACKNOWLEDGMENT State of California County of _� ara Santa Bar ......................�.. On �September 19, 2014 before me, , Laura C. Jevne, Notary Public (insert name and title of the officer) m���mm��m��mIT� personally appeared � leman who proved to me on the bas s of satisfa�ctory evidence to be the person(� whose name(�) is/�� a subscribed to the within instrument and acknowledged to me that he/�/t]��Ly executed the same in his�i�r/t]��ir authorized capacity(�, and that by his/�c/th� signature(3�) 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. �� �� � �ktJ�'A C: JEVNE WITNESS my hand and official seal. ���.d�� � �,� ,y Commission �► 2026071 � ,I� � � Notary Puhlfc - Calibrnl� �, � p�""� � �` �� � Santa Barbara County � , � .. � �,.. �' � �;��r���i^�, &�� �� i��� Jun 21, 2017 �� Signature '�� , � ���� (���I� � � � �� �.:.......�e.. �..��ww...�. State of California County of Santa Clara On September 18, 2014 ACKNOWLEDGMENT before me, Jean L. Neu, Notary Public mm ......���� (insert name and title of the officer) personally appeared Erin Bautista w _......._.�.�� .........����_�� ......................__...� who proved to me on the basis of satisfactory evidence to be the person(� whose name($) is/�ce subscribed to the within instrument and acknowledged to me that bradshe/� executed the same in ��/her/#�¢� authorized capacity(ie� and that by�tr�her��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, � �� � � �,..� � ���,� � ��" �"� _.,., ..� �._.w Signature ����mmm ^ " a� ���� ... �� ..� �U��� �rd��a�������, � � � � � �� q � ���� JEAN L. NEU � ���� a � � , " Commission # 2056701 � «� �� � �o;� Notary Public - Califomia �' ���d� Santa Clara County "" �' �� ��� Comm. � ����e�re � Mar 1. 2018 �a �a7eC��� '� ���'�"�'°yy"��i�y"'�re�"""�� ^�,�'"''�� �'�u�w'�d�' �iu�rn �:�a�r� t�y,�'�wo,� �m���r ���n,�� ��iwi����w��w�ww�w�ww�w�w���iwiwi�i�i�i�i�MONi�i�i�o WARNING: THIS PiOM�mi�ioR�OF AITORNEY IS INVALI i�ww������w����������ww��,��.���.���� ����������. .....�e � D WITHOUTTHE RED BORDER POWER OF ATTORNEY TRAVELER�' �� Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company 11�avelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc, lravelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company Attorney-In Fact No. 2234gg Certificate No. 0 0 5 9 8 5 2 3 6 KNOW ALL MEN BY THESE PRESENTS: Th1t Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St Paul Mercury Insurince Comp�ny, Travelers Casualty and Surety Company, Travelers Casualty and Sw•ety Company of America, and United St�tes Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation duly ocganized 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"), �nd that the Companies do hereby make, constitute and appoint Bryan D. Martin, Bradley N. Wright, Jean L. Neu, Erin Bautista, and Frances Murphy of the City of S1I1 JOSO , State of Ca11fOCClla , their [rue and lawful Attorney(s)-in-Fact, elch in their separate capacity if more thau one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, condition�l undertakings and other writings obligatory in the niture thereof on behalf of the Compinies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contrlcts and executing or gulranteeing boods �nd undertakings required or permit[ed in any actions or proceedings allowed by law, IN WITNESS WHEREOF, the Compamies have c�used this instrument to be signed and their coiporate seals to be hereto affixed, this 17th day of .. July ... . 2014 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 'I%avelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company �r��t,,��, . s�,pi�6Yd�, �� �� v� �y�i`u�"��`�Y� d"'�*� "N:,y�er� M�t rz�u�;�^'r^w .p.,ad.rr ren�� . ,�uuuiar�„� �,�,�11""� �" �,p i �i,�rRa �. ,�+�� �""`�^a,� r w 4 �. � �, . ,� ,�i +a r �r �. m.. �.�ay�wacH�r�r � �r .. ���1 � " � � �, � r + FIN�12�@r 1 �' � � .� � �` G"a i�r . �. WCORPORATED . r. d �" ev u,P m � �r - : .� n... �w�,�y�, �w �'�1N �,�'�v � � � 19 �-� �. � � a�.� � x .. ,� .� XAhf��'HtNfB�.. �64N d�r�rJ � �; ��� � . �� ��a�� �� 51 � � �u �tl��.r�°° � SJ"�� Y �' �rarwr� „° ��°`�� �,'� �,� e �raw����v�r� w � � o � � � � � r '�y��,.�.w�. ,�� r� J . i r �n.. � . �^ � � � � ,„ � �`�� �b�' "°� ����'� �r� �„�+x nm� "�"'"� � � v i"y�" �" , " �"�"' � � ° ��°" AiP� � ,.�,�,«�^ "'"�_ State of Connecticut City of Hartford ss. � � �� � � / �' �+ V � By: ��` ob�L�,�e , � � ��"" _ , .... . p''� .m.,,,,,, . ----- - y �a iiui Vice President On this the 17th day of Ju�Y 2014 before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Farmington Casualty Compiny, Fidelity and Gulranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurince Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Clsualty and Surety Comp�ny of America, and United States Fidelity and Guarinty Company, and that he, as such, being �uthorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly autha�ized officer. ��"���" In Witness Whereof, I hereunto set my hand 1nd official seal. �� My Commission expires the 30th day of June, 2016. � p� �� � � ��� � 58440-8-12 Printed in U.S.A, 'h�f����IIP��:'k'R-V4":3 POWER ��d•" ,�'p'iC�P�ri�fl�:`�" � � � ��� ,__ �M�rie C, Tetieault, Notaiy Public PAYMENT BOND STATE OF TEXAS COUNTY OF DENTON Bond #106123316 KNOW ALL MEN BY THESE PRESENTS: That Spiess Construction Companv, Inc, whose address is „1110 E. Clarlc Ave, #210, Santa Maria, CA 93455,hereinafter called Principal, elers Casualty and Surety Company of �o������ corporation organized and existing under the andTrav.... _...... ��.� ...... laws of the State of Connecticut_ _, and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, and unto all persons, firms, and corporations who may furnish materials for, or perform labor upon, the building or improvements hereinafter referred to, in the penal sum of One million, six hundred four thousand, three hundred fift.v six DOLLARS (1,604,356) in lawful money of the United States, to be paid in Denton, County, Texas, for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement which reduces the Contract price decrease the penal sum of this Bond. THE OBLIGATION TO PAY SAME is conditioned as follows; Whereas, the Principal entered into a certain Contract, identified by IFB # 5476, with the City of Denton, the Owner, dated the 16th day of September A.D.,2014, for Bid # 5476 — 2499 Utilitv Relocation Phase II NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties and make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying labor and/or material in the prosecution of the Work provided for in said Contract and any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby expressly waived, then this obligation shall be void; otherwise it shall remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive venue shall lie in Denton County, Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the 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 5476 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 WIT'NESS WHEREOF, this instrument is executed in four copies, each one of which shall be deemed an original, this the 18th day of September , 2014 , ATTEST: � � � �, � �^� 4 , BY: � ���;� � ���"��� � � ��. �-,����"*�„�_ �� m �: ���^;t� 1;'1""ARY-�FF 1��nso�t ATTEST: : PRINCII'AL Spiess Construct� �o Inc. � . ' BY: a�� .� �� .�, ��,�.,,��.m.. PRESIDENT Sco�r7 A. Lo�EMAN SURETY Travelers Cas���lt��,�r and S���r���y� Com�a�r�y� of America � _."�' �� � BY: �,��:,� �4 ��r� ��,�� �,�.�����. '" ti d�a ���� �' �, A""1� 4.�I���t �`-IN-FACT Erin Bautista 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 Contract. If Resident Agent is not a corporation, give a person's name.) IFB 5476 ACKNOWLEDGMENT State of California County of � w _ Barbara S ant a ....................�„ On P 19, 2014 before me, Laura C. Jevne, Notary Public Se tember � �,�,�� m (insert name and title of the officer) personally appeared Scott A. Coleman who proved to me on the basis of satisfacto�� evidence to be the� erson whose na mmmmmm����� rY p �� ....w_...�me(�) is/�8� subscribed to the within instrument and acknowledged to me that he/�/t]d�Iy executed the same in his�i�r/t}��ir authorized capacity(�), and that by his/b�t/th�ir signature(i�) on the instrument the person�), or the entity upon behalf of which the person(�j 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. z� WITNESS my hand and official seal. �"� ru����� �"" "����� ,b �,,, Commission #� 2026071 � , , +� � � Notary Public - Californle � � ''� '"" �"'o � "�«� Santa Barbara County �' � . � ��.." y .� �� � .,��. �+y� Comm. q���p9a�r� Jun 21. 2017 � � � �� (Seal) �� „�, 9 �"... . _ ���....���.....mm Si nature State of California County of mmmmmmmmmmm mmmmmITIT Santa Clara On September 18, 2014 ACKNOWLEDGMENT before me, Jean L. Neu, Notary Public (insert name and title of the officer) personally appeared Erin Bautista p .._.__� y �...�..�� p �� ...�� .� who roved to me on the basis of satisfactor evidence to be the erson whose name(s) is/�:e subscribed to the within instrument and acknowledged to me that lx�she/� executed the same in #��/herf� authorized capacity(ies� and that by�her��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. "` � ' � �" ^ r .. � �'� ,� � � �' �,� � �''� �,.. �, ,�.�' .�,w� i nature � mm_ mm _mmm�,, 9 �" =ra �G i � i ,�. w lrm�' i�nar2'°� �Y�a�a�r��f"s��o��l���m�'ffimm�m � � �. � i1 ., JEAN L. NEU � �; � � Commission # 2056701 � d�� �" fd° � r`� Notary Public - Calitornia � ��'�� , , ���� Santa Clara County �" ��+ � � M,� Comm E�p����� Mar 1 2018� a7eC��� �na;��.,�!,r�°TM'rl�'°�� �„�',y�'�qT� nr�+'�^rr^'"u��"ax��,u'"�"�"�'?�'",�d�'w°�iPW'�'+�"� THIS POWER OF ATTORNEY IS INVALID WITHOUTTHE R ED BORDER POWER OF ATTORNEY T' `^�` ��' `�' "� Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company T]�avelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. T�avelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company Attorney-In Fact Nox 2234gg Cert,f�ate No. 0 0 5 9 8 5 2 3 7 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine InsurTnce Coinpany, St. Paul Guardian Insurance Company, St. P1ul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers C�sualty and Surety Company of America, and United Stltes Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Comlecticut, 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 St1te of Wisconsin (herein collectively called the "Compinies"), and thlt the Compinies do hereby m�ke, constitute and appoint Bryan D. Martin, Bradley N. Wright, Jean L. Neu, Erin Bautista, and Frances Murphy of the City of San T�ce: , St1te of California , their true and ]�wful Attorney(s)-in-Fact, e�ch in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditiona] undertakings and other writings obligatory in the nature [hereof on behalf of the Compinies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts 1nd executing or guaranteeing bonds 1nd undertakiugs required or permitted in any ac[ioi�s or proceedings allowed by law. IN WITNESS WHEREOF, the Companies hlve c�used this instrument to be signed ��nd their coiporate seals to be hereto affixed, this 17th day or July 2014 .. 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 11�avelers Casualty and Surety Company navelers Casualty and Surety Company of America United States Fidelity and Guaranty Company K M�„.dp� ��"4Y �:.��?��. w5�ue`"��m'"� ��'� �M ���..� n u �"^'��r � '�aauntlr"i . r�1"fqry � � d� �, �s ari »�„ r : �" "��-, �„""s"i `, �, ��' M � a y,. ,w��pnu �a� .., � � � ' `� ¢ a,7� ,...�µ:a T ra . � : 6.a r„W� �+p�, � t,�w F r r ,�" R w �, W �� � � ti r> x � m � � ��� � � �N ��� , � � i ronar�o � �� A �u �r,�p�m,� � �nvw��r«.vr� v WaP ; �aarFORO, �d �n��,�i�� p ��"� �ae� �, � � � � .951 ,�� f / �,4 � y "�C J4,I� ,CaWaN � i "w,y� J� � L CONN. � �u 'dMl� �i�'AWIY A ��'� ��,.w�:. w ��,y "��,��+w���:r����� � ��, ��,M �''�',.,s��i��°u� ^�`aa „`h;a��,N` ���,m�'�w�'� ��`��...���� " � ?4'� '�Akk?��`" � .,, +rm,v..�.+r� � . State of Connecticut City of Htu•tford ss 1 �" � � �"'"�,;v✓�� ��� dr"� � i� � �� � � �'•. r ,^r r i � $"+"�,✓^"� ��" � �" � ' Y° . _ Robert L. Raney ,�r�ai�r Vice Piesident On this the l,�th � day of July 2014 before me personally appeared Robert L. Raney, who acknowledged himself to be the Seuior Vice President of Farmington C�sualty Comp�ny, Fidelity and Guaranty Insurance Company, Fidelity 1nd Guar�nty Insurance Underwriters, Inc., St. Paul Fire and M�rine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury InsurTnce Company, Travelers Casualty and Surety Company, Travelers Casullty �nd Surety Company of Americl, and United States Fidelity and Guaranty Compiny, �nd that he, as such, being authorized so to do, executed the foregoing instrument for Ute purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. �w��In Witness Whereof,I hereunto set my hand �nd officialseal. �� My Commission expires the 30th day of June, 2016. �p ������ ' � �" 58440-8-12 Printed in U.S.A. ���� C y ,� �.�� Mai ie ;,, ,, _ ___ C. Tetreault, Notaiy Public INSURANCE REQUIREMENTS AND WORKERS' COMPENSENTATION REQUIREMENTS Upon contract execution, all insurance reguirements shall become contractual obligations, which the successful contractor shall have a duty to maintain throughout the course of this contract. STANDARD PROVISIONS: Without limiting any of the olher obligations or liabilities of the Contractor, the Contractor shall provide and maintain unlil lhe contracted work has been completed and accepted by the City of Denton, Owner, the `ninimurre insurance coverage as indicated hereinafter. Contractor shall file with the Purchasing Department salisfactory certificates of insurance including any applicable addendum or endorsements, containing the contract number and title of the projec� Contractor rnay, upon written request lo the Purchasing Deparl`nent, ask for clarification of any insurance requirements at any time; however, Contractor shall not commence any work or deliver any material until he or she receives notificalion that the contract has been accepted, approved, and signed by lhe City ofDenton. All insurance policies proposed or obtained in salisfaction of these requiremenls shall comply with lhe following general specifications, and shal[ be maintained in cornpliance with these general specifications throughoul the duration of the Contracl, or longer, if so noted: • Each policy shall be issued by a company authorized to do business in the State of Texas with an P Y g • A.M. Best Com an ratm o at east A- VII or better • Any deductibles or self-insured retentions shall be declared in the proposal. If requested by the City, the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, its officials, agents, employees and volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. • Liability policies shall be endorsed to provide the following: Name as Additional Insured the City of Denton, its Officials, Agents, Employees and volunteers. � That such insurance is primary to any other insurance available to the Additional Insured with respect to claims covered under the policy and that this insurance applies separately to each insured against whom claim is made or suit is brought. The inclusion of more than one insured shall not operate to increase the insurer's limit of liabil ity. • Cancellation: City requires 30 day writ[en notice should any of the policies described on the certificate be cancelled or materially changed before the expiration date. � Should any of the required insurance be provided under a claims made form, Contractor shall maintain such coverage continuously throughout the term of this contract and, without lapse, for a period of three years beyond the contract expiration, such that occurrences arising during the contract term which give rise to claims made after expiration of the contract shall be covered. IFB 5476 • Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit providing for claims investigation or legal defense costs to be included in the genera] annual aggregate limit, the Contractor shall either double the occurrence limits or obtain Owners and Contractors Protective Liability Insurance. • Should any required insurance lapse during the contract term, requests for payments originating after such lapse shall not be processed until the City receives satisfactory evidence of reinstated coverage as required by this contract, effective as of the lapse date. If insurance is not reinstated, City may, at its sole option, terminate this agreement effective on the date of the lapse. SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: All insurance policies proposed or obtained in satisfaction of this Contract shall aalditionally comply with the following marked specifications, and shall be rnaintained in correpliance with these additional specifications throughoul the duralion of the Contract, or longer, if so noled: [X] A. General Liability Insurance: General Liability insurance with combined single limits of not less than $1,000,000.00 shall be provided and maintained by the Contractor. The policy shall be written on an occurrence basis either in a single policy or in a combination of underlying and umbrella or excess policies. If the Commercial General Liability form (ISO Form CG 0001 current edition) is used: • Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual liability covering this contract and broad form property damage coverage. • Coverage B shall include personal injury. • Coverage C, medical payments, is not required. If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) is used, it shall include at least: � Bodily injury and Property Damage Liability for premises, operations, products and completed operations, independent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures. . Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability. [X] Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than $500,000 either in a single policy or in a combination of basic and umbrella or excess policies. The policy will include bodily injury and property damage iiability arising out of the operation, maintenance and use of all automobiles and mobile equipment used IFB 5476 in conjunction with this contract. Satisfaction of the above requirement shall be in the form of a policy endorsement for: • any auto, or • all owned hired and non-owned autos. [X] Workers' Compensation Insurance Contractor shall purchase and maintain Workers' Compensation insurance which, in addition to meeting the minimum statutory requirements for issuance of such insurance, has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 policy limit for occupational disease. The City need not be named as an "Additional Insured" but the insurer shall agree to waive all rights of subrogation against the City, its officials, agents, employees and volunteers for any work performed for the City by the Named Insured. For building or construction projects, the Contractor shall comply with the provisions of Attachment 1 in accordance with §406.096 of the Texas Labor Code and rule 28TAC 110.110 of the Texas Workers' Compensation Commission (TWCC). [] Owner's and Contractor's Protective Liability Insurance The Contractor shall obtain, pay for and maintain at all times during the prosecution of the work under this contract, an Owner's and Contractor's Protective Liability insurance policy naming the City as insured for property damage and bodily injury which may arise in the prosecution of the work or Contractor's operations under this contract. Coverage shall be on an "occurrence" basis and the policy shall be issued by the same insurance company that carries the Contractor's liability insurance. Policy limits will be at least $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 to the contractor or if a contractor leases or rents a portion of a City building. Limits of not less than _ .......................mmm.�mm�m���m��� � each occurrence are required, [ ] Professional Liability Insurance Professional liability insurance with limits not less than $1,000,000.00 per claim with respect to negligent acts, errors or omissions in connection with professional services is reGuired under this Agreement. [ ] Builders' Risk Insurance Builders' Risk Insurance, on an All-Risk form for 100% of the completed value shall be provided. Such policy shall include as "Named Insured" the City of Denton and all subcontractors as their interests may appear. IFB 5476 ATTACHMENT 1 [X] Workers' Compensation Coverage for Building or Construction Projects for Governmental Entities A. Definitions: Certificate of coverage ("certificate")-A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in §406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any overage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the Contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: 1. a certifcate of coverage, prior to that person beginning work on the project, so IFB 5476 the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and 2. no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The contractor shall retain all reyuired certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: 1. provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; 2. provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; 3. provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 4. obtain from each other person with whom it contracts, and provide to the contractor: a. a certificate of coverage, prior to the other person beginning work on the project; and b. a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; IFB 5476 5. retain all required certifcates of coverage on file for the duration of the project and for one year thereafter; 6. notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and 7. Contractually require each person with whom it contracts, to perform as required by paragraphs (1) -(7), with the certificates of coverage to be provided to the person for whom they are providing services. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The contractor's failure to comply with any of these provisions contract by the contractor which entitles the governmental entity contract void if the contractor does not remedy the breach within receipt of notice of breach from the governmental entity. IFB 5476 is a breach of to declare the ten days after IFB 5476 - Pricing Sheet for FM 2499 Utility Relocation P���ect - Phase II 1 Respondent's Name; 'Principal Place of Business Respondent is a Corporation, Partnership, sole 2 'Proprietorship, Individual? Total working days (Monday - Friday/Saturday) after Notice to Proceed is issued by City for substantial 3 completion: Construction of the FM 2499 shall be scheduled to be completed within 270 Calander Days. If this date cannot be met, please insert the date that your firm can complete 3a the prolect. : Total working days (Monday - Friday/Saturday) after 4 Notice to Proceed is issued by City for project start: 5 Base Bid amount to construct project per specifications: ���l�wN�d Pricing: � �� � � Spiess Construction Co., Inc. ' Santa Maria, CA Corporation 150 � � �,;zois 20 $1,604,356.00 em uan i y Description ni ' ni rice Total 103.3-S 1 Surety Bonds L,S $25,000.00 $25,000.00 107.19.3 3,727 Excavation Protection L,F� $1.00 $3,727.00 107.20-S 1 Project Signs �,4 $1,500.00 $1,500.00 '201 j 3,641 Temporary Erosion Control L.N $2.00 $7,282.00 '202.6 12,100 SeedingTurfGrass SY $0.50 $6,050.00 _ 203.3-S 1 General Site Preparation L,S $50,000.00 $50,000.00 203.7 150 Embankment CY $30.00 $4,500.00 301.2 328 Lime Treatment SY $12.00 $3,936.00 . 301.5 203 Flexible Base SY $15.00 $3,045.00 302.9 328 Asphalt Pavement SY $100.00 $32,800.00 305.1 85 Concrete Curb & Gutter L,F $30.00 $2,550.00 502.1-A 4 4' I.D. Concrete Manhole (0-6 ft deep) �� $7,000.00 $28,000.00 502.1-61 1 8' I.D. Fiberglass Manhole (0-6 ft deep) �A $15,000.00 $15,000.00 i 502.1-62 2 6' I.D. Fiberglass Manhole (0-6 ft deep) Et� $13,000.00 �26,000.00 _ _ 502.1-B3 4 5' I.D. Fiberglass Manhole (0-6 ft deep) �A $10,000.00 $40,000.00 1502.1-C 16 Additional Concrete MH Depth (> 6 ft deep) VF $300.00 $4,800.00 502.1-D 42 Additional Fiberglass MH Depth (> 6 ft deep) �IF $300.00 $12,600.00 IFB 5476 em uan i Descriptiom m �i rlce Total 502.12.4 2 Core Into Existing Manhole EA $750.00 $1,500.00 503.1-A 147 �6" C900 PVC Force Main In Casing L,�� $80.00 $11,760.00 503.1-B 120 48" Sanitarv Sewer In Casinq L,F� $260.00 $31,200.00 503.1-C 90 8" Sanitarv Sewer In Casinq I,� $60.00 $5,400.00 503.3-C 90 16" Steel Casing by Bore/Tunnel I,F' $600.00 $54,000.00 �, . � 504.5 103 Concrete Encasement �,F $200.00 $20,600.00 � 505-A 120 60" Steel Casing by Open Cut LF $350.00 $42,000.00 _ I505-C 147 12" Steel Casina bv Ooen Cut I,F $100.00 $14,700.00 507-A 422 48" Sanitary Sewer- Unpaved I,� $370.00 $156,140.00 507-B 555 36" Sanitary Sewer - Unpaved LF $270.00 $149,850.00 507-C 1177 27" Sanitary Sewer - Unpaved LF $170.00 $200,090.00 507-D 46 8" Sanitary Sewer - Paved LF $200.00 $9,200.00 507-E 942 8" Sanitarv Sewer - Unpaved LF $90.00 $84,780.00 507-F 265 6" C900 PVC Force Main - Unpaved LF $90.00 $23,850.00 801-S 1 Barricades, Warning Signs and Detours LS $15,000.00 $15,000.00 SS01 10 Cut and Plug Existing Sanitary Sewer Line EA $500.00 $5,000.00 _ SS02 14 Abandon Existinq Manhole EA $500.00 $7,000.00 SS03 1 Remove Existinq Manhole �t� $500.00 $500.00 SSO4 412 Remove Asphalt Pavement SY $5.00 $2,060.00 SS05 23 'Parkina Stall Restoration �/� $250.00 $5,750.00 SS06 1 Bvpass Pumpinq L.S $25,000.00 $25,000.00 SS07 1 18" Reuse Line & Valve Adjustment LS $60,000.00 $60,000.00 SS08 1 8" Temporary Sewer Line Adjustment LS $700.00 $700.00 SS09 1 6" Force Main Cut In Connection EA $500.00 $500.00 'SS10 53 18" Steel Split Casing by Open Cut L,F $210.00 $11,130.00 WASTEWATER SUBTOTAL: $1,204,500.00 Item Quantity Description Unit Unit Price Total 103.3-W 1 Surety Bonds LS $]0,000.00 $10,000.00 107.19.3 1,484 Excavation Protection LF $1.00 $1,484.00 IFB 5476 em uan i y Description ni ni rice Total 107.20-W 1 Project Signs EA $1,500.00 $1,500.00 201 1,466 Temporary Erosion Control LF $2.00 $2,932.00 202.6 4,900 Seeding TurF Grass SY $0.50 $2,450.00 _ 203.3-W 1 General Site Preparation LS $15,000.00 $15,000.00 502.3 1 Fire Hydrant Assembly �A $8,000.00 $8,000.00 502.6.2-A 1 16" Gate Valve EA $15,000.00 , $15,000.00 502.6.2-B 1 12" Gate Valve �A $3,000.00 $3,000.00 502.6.3 ] 2" Combination Air Valve EA $5,000.00 $5,000.00 503.1-W I, ]35 12" C900 PVC Water In Casing LF $70.00 $9,450.00 503.1-X 140 16" DIP Class 52 Water In Casing LF $120.00 $16,800.00 503.3-A 140 24" Steel Casing by Bore/Tunnel , L,�' $500.00 $70,000.00 503.3-B 135 20" Steel Casing by Bore/Tunnel L,F $500.00 $67,500.00 505-B 12 24" Steel Casing by Open Cut LF $180.00 $2,160.00 506-A 18 16" DIP Class 52 Water - Paved I.F' $600.00 $10,800.00 I506-B 38 16" DIP Class 52 Water - Unpaved LF $1,040.00 $39,520.00 506-C 1428 12" C900 PVC Water - Unpaved LF $70.00 $99,960.00 801-W 1 Barricades, Warning Signs and Detours LS $5,000.00 $5,000.00 W01 2 12" Tapping Sleeve Connection ��t $2,000.00 $4,000.00 W02 1 14" Tapping Sleeve Connection (Concrete) EA $2,200.00 $2,200.00 W03 1 12" Cut-In Connection E� $600.00 $600.00 W04 4 Cut & Plug Existing Water Line EA $500.00 $2,000.00 W05 5 Remove Fire Hydrant Assembly �A $500.00 $2,500.00 W06 2 Remove Air Valve / Cutoff Valve EA $500.00 $1,000.00 W07 4 Remove Valve Stack EA $500.00 $2,000.00 WATER SUBTOTAL: �399,856.00 WASTEWATER SUBTOTAL: WATER SUBTOTAL: TOTAL PROJECT COST: IFB 5476 $1,204,500.00 $399,856.00 $1,604,356.00 IFB 5476 PR.�POSAL TO THE CITY OF DENTON, '�'EXAS FOR THE CONSTRUCTION OF FM 2499 UTILITY' RELOCATION PHASE II IN D�N'TON, TEXAS The undersigned, as bidder, declares that the only person or parties interested in this proposal as principals are those named herein, that this proposal is made without collusion with any ot�er person, firm, ox coXporaiion; that he has carefully examined the form of contract, Notice to Bidders, specifications and the plans therein re£erred to, and has carefully exarnir�ed the locations, conditions, and classes of materials of the proposed work and agrees that he wi11 provide all the necessary labor, machinery, tools, a�paraius, and other iterns incidental to construcfiion., and will do all the work and fi,u��ish all the zx�aterials called for in the contract and specifications in the manner prescribed herein az�d acaording to the requirernents of the City as therein set forth. It is understood that the followin�g quantities of woxk to be done at unit prices are approximate only, and are intended principally to serve as a guide in evaluating bids. It is agreed that the quantities of work to be done at unit prices and material to be furnished may be increased or d'uninished as may be considered necessaiy, in the opinion of the City, to eomplete the work fully as planned and contemplated, and that all quantities of work whether increased or decreased are to be performed at the unit prices set forth below except as pxovided for in the specifications. The contractor shall provide the unit price and the total price in both numeric and words %r each quantity, listed in Exhibit 1. Unit price governs over the total numeric price given. It is further agreed that ehange orders may be n.egotiated between the contractor an.d City to cover additional work ordered by the City, but not shown on the plans or required by the specifications, it� accordance with the General Provisiox�s and the limitations prescribed by the Texas Loeal Governnnent Code. Similarly, change orders may be negotiated to cover deletion of work so ordexed. f.'�I IFB 5476 It is understood and agreed that the work is to be coznpleted in full within the tizx�,e specified in thc Genera� Yrovisions, Accoznpanying this pro�osal is a certified or cashier's check or Bid Bond, payable io the Owner, in the amount of �ve perce�at of the total bid. It is understood that the bid security accompanying this proposal shall be returned to the bidder, unless in case of the acceptance of the proposal, the bidder shall fail to execute a contract and file a performance bond anei a payment Uond within fifteen days after its acceptance, in which case the bid security shall become the property of the Owzier, and shall be considered as a payment for damages due to delay and other inconveniences suffered by the Owiaer o;n account of such failure of the bidder. Ownec resexves the right ta reject any and all bids, Ownex may investigate the prior pexfozmance of bidder or► otlier contracts, eithet• public or private, in. evaluating bid proposals, Should bidder alter, change, or qualzfy any specification of the bid, Owner may automa�lzcally disqualify bidder, The undersigned hereby proposes and agrees to perform a11 work of whatever nature required, in strict aecord�ice with ihe plrzns azid specifications, for the following sum or prices, to wit: Not�ce: • Proposer shall complete Ex�ibit 1— �ricing Sheet and subn�it with bid proposal in hard copy (papex) �or�at. � Additionally, the proposer shall email the pricing sheet to ebids(a�citvofdenton.com in electronic 1V�S Offica — Excel foz•�nat, �rior to the bid submission deadline. The award of the contract will be based on the T'otal Base Bid. Tl�e J�owest z'esponsive proposal for pwposes of award shall be the conforming responsrble bidder offering the lowest cost for the base bid, The undersigned certifies that the bid prices contained in this proposal have been carefully checked and are submitted as correct and final. Unit and lurnp siun prices as shown for each item listed in this proposal shall control over extensions. In the event of the awarci of a contract to the undersigned, the undersigned will fiunish a performuxce bond and a payrnent Uond for the full amount of the contract, to secure proper cornpliance with the terms and proviszons of the contract, to insure and gtYarantee the work until final completion and acceptance, and to guarantee payment fox all lawful claims for labor perforrned and materials furnished in the fi.tliillment of the contract. It is understood that the work proposed to be done shall be accepted, when �ully completed and finished in accordance with the plans and specifications, to the satisiaction of the Engineer. The undersigned affirms that they are duly authorized to execute this coiitract, that this IFB has not been prepaxed in collusion with any other Proposer, nor any eznployee of the City of Denton, and that the contents of this IFB have not been. connmunicated to any other proposer or to any employee of the City of Denton prxor to tk�e official opez�ing of this bid. The undersigned agrees this bid becomes t�.e property of the City of Denton after the official opening. P-2 IFB 5476 Vendor hereby assigns to owner any and all claims for overcharges associated with this contract which arise under the antitrust laws of ihe United States, 15 �(JSCA Section 1 et se ., and which arise under the antitrust laws of the State of Texas, Tex. Bus. & Com. Code, Section 15.01, et se . The undersigiied agrees, if this proposal is accepted, to furnish any and all items/sezvices upon which priees are offexed, at the price(s) and upon the terms and conditions contained in the specification. The �eriod for acceptance of this Proposal will be one-hundred and twenty (120) calendar days unless a different period is noted. The unde�•signed af�rms that they have read and do uiiderstand the specifications and any attachments contained in this IFB package. The undersigned agrees that the IFB posted on the website axe the official specifications and shall not alter the electronic copy of the specifications and/or pz'icing sheet (Exhibit 1}, without clearly ideniifying changes. The undersigned understands they will be responsible fox monitoring the City of Denton Purck�asing Websiie at: htt�;//www.citvofdenton,com/index,aspx7pa�e-397 to ensure they have downloaded and signed all addendum(s) required for suhmission with their proposal. I certify that I have znade no willful xnisrepresex�tations in this Proposal Submissxon, nox have I withheld information in my statements and answers to questions, I am awara that the information given by me in this proposal wi11 be investigated, with my full pertnission, and that any misxepresentations or omissions may cause xny proposal to be rejected. Acknowledge receipt of following addenda to the proposal; Flddendun�a No. 1 ciated u�� �, �� ��,���� Received '' -._ w.....� ._ Addendum No. 2 dated Received �..n _� ...�_ .. m,.�., .�.,r. v ��. � Addendum No. 3 dated Received �.�..._.._. ��. �w.�� � .�..�......� ......._ � ..e.......�....,.� �� u,_�.�. Addendum. No. 4 dated Reeeived NAME AND ADDRESS OF COMPANY: REPRESENTATIVE: �".������, ��?�.��!���'"���� ��� I�� � ��: ,(�pX � h�.��� � �.� _:�. _ _... �a , �,���� �����,�+���..�....���y's�y�_ Te1. No .... �b5,,, ��3� .�._P ��....�a... ... l,arar�,.�l . ....� � ��.����� �.,'.�.'�. ks �� . .�..� �t�..M P-3 IFB 5476 AUTHORIZED � � �-�� � �� � Szgnature,...�� ,. �....��_ _ ..,�,�.�._.....� . .�.��s�.V......� Date ,_. ��-� � . .� �..�"..� �'�� �µ'� I �� ... � ._ ..... .. � Name a_ �����'.�.....Q < ����1�']AN . �" N"T Title .�.� m . _.^�.,.:. . e... � ....�..�.�. ,. ��.n ... _�_._._ .._,._,.. Fax No � �� ��..�3�- '��� �, V�ND�R COMPLIANCE TO STATE LAW The 1985 Session of the Te�as Legislatiu•e passed House Bi11620 relative to the award of contracts to non-resident bidders. This law provides that, izi order to Ue awarded a contract as low bidder, non-resident biddexs (out-of-state coniractors whose corporate offices or principal place of business are outside of the State of Texas) bid projects fox constxuction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a non-resident bidder in order 1:0 obtain a coniparabla contract in the state in which ihe non-resident's principal place of business is located. The appropriate blanks in Section A below must be filled out by all out-of-state or non-resident bidders in order for your bid to meet sp.eci�cations. The failure of out-of state or non-resident contractors to do so will automatically disqualify that bidder. Resident bidders rnust check the blank in Section B, A. Non-resident bidders in mm (give state), our principal place of business, are required to be percent lower than resident bidders by state law. A copy of the statute is attached. Non-xesident bidders in C�L 1,�=b�l �___ a(give state), oLtr principal place o� business, are not required to undexbid resident bidders. n, Our principal place of business or corporate offices are in the State of Texas; � BIDDER: �.�1 � �� � ��� �� t �°` ; : l C��' .�� ,� �� (" � "� , � e � w � ., �����v9��1'��"� �°� � ��� � �Y � �. � W�' � �� �.. � �"�.......�°.: ._.......� _�...mm�..... �.. S � � �� � �" � �f;��� �'�1,�"��� C������" �"� �Jµ��...�.' �(,HR.K �1'1/�.�..,.#��� . Street Address �P�/1t-��w �A�1:°1�4� G� ���� � City and State � ; ' ' 1 ! �. P-4 IFB 5476 CQNFLICT OF INTEREST QUESTIONNAIRE For vendor or other person doing business with focal governmental entifiy 7hls questlonnalre reflects changes made to the law by H.B. 1491, 8oth Leg„ Rogular Session. This questionnaire is being filed In accordance with Chapter 176, Local Government Code by a person who has a buslness relationship as defined by Section 176.001(1-a) with a local governmental entity and the person meets requirements under Section 176,006(a), By law thls questionnaire must be filed with the records administrator ofthe local governmentaf entity not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government Code. A person commits an offense if the person knowingly violatos Section 17s,006, Lacal Government Code. An offense under this section is a Class C misdemeanor. Name of person who has a business relationship with local governmenfal entlty. Checkthls box Ifyou are filing an update to a previously filed questionnalre. FORM CIQ OFFICE USE ONLY Dafe Received (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date the origlnally filed questlonnalre becomos Incomplate or inaccurate,) Name of local government o�cer with whom filer has employment or buslness relationship, �,a�ro�.� �a.� ..... ����.�,��.�.�.�.� � �.,ri�,�,�..�,�.,..,_.,,.�,. Name of Offlcer This section (item 3 including subparts A, B, C& D) must be completed for each officer with whom the filer has an employment or other business relationship as defined by Section 176.U01(1-a), l.ocal Government Code, Atfach additional pages to lhls Form CIQ as necessary. A, Is the local government officer named in this section receiving or likely to recelve taxable income, other than investment Income, from the filer of ihe questionnalre? � Yes ��� ��i�r B. Is the filer of 1he questionnalre recelving or Ilkely to recelve taxable Income, other than investment income, from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entlty? y.. .w. I.�. � Yes �_�._ � Il�c� C. Is the filer of thls questlonnaire employed by a corporation or other business entlty with respect to whlch the local government officer serves as an officer or director, or holds an ownership of 10 percent or mors? ��°' � w � Yea � ,�No D, Descrlbe each employment or business relationshlp with the local government offlcer named In this sectlon. ���� � �� �°„�� � Sf�n�$urar of �a�����a� p���6���� business wlth l�MS�� �,��crv�t��m�wr��ntal entlty � IFB 5476 r11 .. . / �r�, Adopied OGI2Bl2007 SPIECON-01 YADAVYO ��'�'";�".�.."�Y� . . � "': DATE (MMIDDlYYYY�..... CERTIFICATE OF LIABILITY INSURANCE g/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. 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 .... ...... . C4'S'W�'AC"I �� ... .. ... .... ... Willis Insurance Services of California, Inc. �'����� ���. (g'��°�_945 7376 ��� c/o 26 Centu Blvd . 4��� �����]����� ������� ���� ..,_..__�4��.��'�� ����� 467 2378 P.O. Box 305 91 �-v��tl � - �- _ a� � ���s�� __— m . �.. ........_ Nashville. TN 37230-5191 �" " _' � "��� � INSURED Spfess Construction Co., Inc. PO Box 2849 Santa Maria, CA 93457 iNSUaeRa:Starr Ind INSURER B : INSURER C : INSURER D ; INSURER E t. INSURER F : C � C# tv & Liabil�ty Company 38318' 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. ---- ..... .... .. _...e���. _,. � _.__.—_.�._ m,... .. w .. i..�� .................. ._..—.... .........----- F�C��C'ki. slY��k —.._...— ........ ,...,.., P�LI�T EF�.,. �. POLICYEXP LIMITS T� TYPE OF INSURANCE ,�,: POLICV Nl1M9ER !MM/DfIIVWVI IMMIOD/WVYI A � COMMERCIAL GENERAL LIABILITY � EACH OCCURRENCE ,$ 'I ,OOO,OO - T5A'R�°�4�".oF"��'J e�E'Py&�"CC� --- � C�,IMS-MADE X oCCU� X X 1000025275 09/0112014 09/0112015 pR��� �� �� �r��,������, � g � 300,00 '� _.. �... _ .� -- � " � nn. , . . n ,. , , . . MED EXP (Any one person) S 10,OOQ — —. ...---- -- -._ --- � ... �...;�._. .._....� PERSONAL 8 ADV INJURY 5 'I ,OOO,OO . . _ _..._ GEN'L AGGREGATE LIMIT APPLIES ER: _ — p GENERALAGGREGATE $ Z,OOO,OO ' POLICY l JEC7 I X LOC ' PRODUCTS COMP/OPAG $ Z,OOO,OO ' ��X..1 PRO !.. .� � --- G _� � --- � m . .,� � .. �T'tti��.k`�.:. � AUTOMOBILE LIABILITY L���''�����U '��"'�'� d w� 5 'I OOO OO ��� rF6 �uCCIF��"rLl�_..... � r A X... _,=_ ..___...........__ _._.. ANY aUTO X X SISIPCA08304314 09101/2014 09101/2015 BODILY INJURY (Per person) $ _ .-------.— .... ...... ....._ _ _,. "" ALL OWNED �" SCHEDULED BODILY INJURY (Per accidenQ $ AUTOS AUTOS . ,..... ........ ..........—.— ...... � '��� HIREDAUTOS � AUTOS �P�� ������ ����� N6N-OWNED WP�.�bf� .. _ cri�vrcb� ... ____ $ _ ...,.. �( Comp Ded $1,000 X Coll Ded $1,000 $ ' UMBRELLA LJAB pCCUR ��� EACH OCCURRENCE 5 .,.,,,, ,...___ �...._..._ _._..... __.. EXCESS IJAe CIAIMS-MADE AGGREGATE 3 nGn. .R., _. . . ____.__ __..._ — ..—....._ - ETENTION ffi $ WORKERS COMPENSATION � � X � 4TATI ITF ���.. � FR� A Q�FF�ER�'M H}/E CBU ED7ECUTIVE �Y� N/A X 1000001459 10/01/2014 10101/2015 E.L.DS ASECBAEMPLOYE $ �,���,D��a I� �B�I:���'�R'�'d'I�NOFC�h'�r#a�TV�C��&; I��Rcwa� � �� � EL�DISEASE-POLICYLIMIT $ ,mm� �,OOO,OO � � . ..... ...... . .... .... .. .... ��._._.._. __�._. .............. ... .. .... ... ...._........ _ ...._....... DESCRIPTION OF OPERATIONS / LOCAT10N5/ VEHICL.ES (ACORD 101, Additlonal Remarks Sehedule, may be attached if more space Is requlred) SCCI Job :#21433 City of Denton IFB #54760-2499 Utility Relocation Phase II. The City of Denton, its Officials, Agents, Employees and Volunteers are included as Additional Insureds as respects to General Liability and Auto Liability, as required by written contract or agreement. The General Liability and Auto Liability policies shall be Primary and Non-Contributory with any other insurance in force for or which may be purchased by Additional Insureds. SEE ATTACHED ACORD 101 CERTIFICATE HOLDER City of Denton 901 B Texas Street ACORD 25 (2014/01) �1�ftV��;IL 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 REPRESENTAi1VE � ,���, N ��„.� �`' � ��� O 198$-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD �" ��~�� M° � ����� Starr lndemnifiy & L�ability Company DalEas, TX 1-868-519-2522 ADDITIONAL INSURED- OWNERS, LESSEES, �R CONTRACTORS - SCHEDULED PERS4N OR ORGANIZATI4N Policy Nuinber: 1000d25275 Effective Date: 09-01-14 at 12:01 A.M. Named Insured: Spiess Construction Co., Inc. This endorsement modifies insurance provided under the following; COMMERCIAL GENERAL L{ABILITY COVERAGE FORM SCHEDUL� NAME OF PERSON OR ORGANIZATION: WHERE REQUIRED BY WRITTEN CONTRACT (If no entry appears above, informafion required to complete this endorsement will be shown in the Declarations as applicable to the endorsement,) A. SECTION II -WHO IS AN INStJRED is amended to include as an insured; The person or organization shown in the schedule, but only with respect to liability arising out of your ongoing operations performed for that additional insured. B. With respect to the insurance aiforded to these additional insureds, SECiION I- COVERAGES, COVERAGE A- BODILY INJURY AND PROPERTY DAMAGE LIABILlTY, 2. -Exclusions, is amended to include the following additionaf exclusion; 7his 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) at the site of the covered operations has been completed; or, (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 confractor or subcontractor engaged in performing operations for a principal as a part of !he same project. . All other terms and conditions remain unchanged. OG 180 (04/12) Page 1 of 4 Copyright (�9 C. V. Starr & Company and Starr Indemnity & Lfabllity Company. All rights reserved. (ncludes copyrighled maferial of ISO Properties, Inc., used wifh its permissbn. I���'"' � �� ' '��: �� ,��Starr lncfemnify & Liabitity Company Dallas, TX 1-866-519-2522 Primary and Non-Contributory Condi�ion Policy Number: ].00Oa25275 Effective Date: 09-01-14 at 12:01 A.M, Named Insured: Spiess Construction Co., Inc. This endorsement modi�ies insurance provided under the: Commercial General Liabfllty Coverage Park A. SECTION IV — CONDITIONS, condition 4. Other Insurance is amended as follows: 9. The following is added to paragraph 4.a. of the Other Insurance condition: This insurance is primary insurance as �espects our coverage to the addifional insured, where the written contract or written agreement requires that this insurance be primary and non�ontributory. In that event, we will not seek contribution from any other insurance policy avaifable to the additional insured on which the additional insured is a Named Insured. ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED. OG 707 (04119) Page 1 of 1 Copyright� C, V. Starr & Company and Starr lndemnity 8 Llabflity Company, All righis reserved. Includes copyrighted materlal of I50 Propertles, inc., used with its permission. �� ;� �� �� �� �::�� S�df'�' lndemnify &:Lia�i(it�y Company Dalfas, TX 1-866-519-2522 TMIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Palicy Number: SISIPCA08304314 Effective Date: 09-01-14 at 12:01 AM Named Insured: Spiess Construction Co., Inc. ADDITIONAL INSURED - WHERE REQUIRED UNDER C�NTRACT OR AGREEMENT Thfs pollcy Is amended as follows: BUSINESS AUTO COVERAGE FORM SCHEDULE ADDI710NAL INSURED ANY PERSON OR ORGANIZATION FOR WHOM YOU ARE CONTRACTUALLY BOUND TO PROVkDE ADDITIONAL INSUREd STATUS BUT ONLY TO THE EXTENT OF SUCH PERSON OR OFtGANIZATION5 LIABILITY ARISING OU7 OF THE USE OF A COVERED "AUTO" I. SECTION II — LIABILITY COVERAGE A. Coverage, 1. Who is Insured, is amended to add: Any person or organization, shown in the schedule above, to whom you become obligated to include as an additional insured under thls policy, as a result of any contract or agreement you enter into which requires you to furnish insurance to that pe�son or organization of the type provided by this poliey, but only wiih respect to liabillty arising out of use of a covered °auto". However, the insurance provided will not exceed the lesser of: (1} The coverage and/or limifs of ihis policy, or (2} The coverage and/or limifs required by said contract or agreement. SICA 1616 {02112) Page 1 of 1 Copyright� C. V, Starr & Company and Starr Indemnity & Llabllky Company. All rlghts reserved. Includes copyrighted materlal of ISO Propertles, Ine., used wlth its permisslon. POLICY NUMBER; SISIPCA08304314 COMMERCIAL AU70 CA 04 44 03 10 THlS ENDORSEMENT CHANGES THE POLICY. PLEASE. READ IT CAREFULLY. WAIVER OF TRANSFER �F RIGHTS OF REC4VERY AGAINST OTHERS TO US (WAtVER OF SUBR�GATION} This endorsement modifies insurance provided under khe following: BUSINESS AUTO COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless anoiher date is indicated below. Named Insured; SPIESS CONSTRUCTION CO., INC. Endorsement Effective Date: 09-01-14 SCHEDULE Name(s) Of Person(s) Or Organization(s): ANY PERSON OR ORGANIZATION TO WHOM YOU B�COME OBLIGATED TO WAIV� �C7�.1�;�, RIGHTS OF RECOVERY AGAINST, UNDER ANY CONTRACT OR AGREEMENT YOU ENTER 1NT0 PRTOR TO THE OCCURRENCE OF LOSS. Information ���aa�ired to ccrrw��lete this ��h��l��l�,, if nok shown �k��v�„ will be shown in the ���I<°ac�t��ar�s. The 7ransfer Of Rights Of Recavery Agafnst Others To Us Condition does not apply to the person(s) or organizaiion(s) shown in the Schedule, but only to the extent that subrogation is waived prior ta the "accident" or the "loss" under a contract with that person or or- ganization. CA 04 � 03 10 O lnsurance Services Office, Inc., 2009 Page 1 of 1 113t29.FRM WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY OKLAHOMA WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT WC 00 03 13 (Ed. 4-84) We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Where required by written contract This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 09-01-14 Insured Spiess Construction Co., Inc. Insurance Company Starr Indemnity & Liability Company WC 00 03 13 (Ed. 4-84) O 1963 National Council on Compensation Insurance. Policy No. 1000001459 Endorsement No. Premium Countersigned by WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 ( Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT—CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you pertorm work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be otherwise due on such remuneration. Person or Organization Where required by written contract Schedule % of the California workers' compensation premium Job Description Notes: 1. This endorsement may be used to waive the company's right of subrogation against named third parties who may be responsible for an injury. 2. The sentence in () is optional with the company. It limits the endorsement to apply only to specific jobs of the insured, and only to the extent that the insured is required to obtain this waiver. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 09-01-14 Policy No. 1000001459 Endorsement No. Insured Spiess Construction Co., Inc. Insurance Company Starr Indemnity & Liability Company Countersigned By 01998 by the Workers' Compensation Insurance Rating Bureau of California. All rights reserved. From the WCIRB's California Workers' Compensation Insurance Forms Manual 02001.