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2009-293
ORDINANCE NO. 2 ao9-z93 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF A WHEEL WASH FACILITY TO BE LOCATED AT THE CITY OF DENTON LANDFILL ACCESS ROAD; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 4377-AWARDED TO THE LOWEST RESPONSIBLE BIDDER MEETING SPECIFICATION, CALIBER CONSTRUCTION, INC. IN THE AMOUNT OF $423,462). WHEREAS, the City has solicited, received and tabulated competitive bids for the construction of public works or. improvements in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or improvements described in the bid invitation, bid proposals and plans and specifications therein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The following competitive bids for the construction of public works or improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids: BID NUMBER CONTRACTOR AMOUNT 4377 Caliber Construction, Inc. $423,462 SECTION 2. The acceptance and approval of the above competitive bids shall not constitute a contract between the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, and insurance certificate after notification of the award of the bid. SECTION 3. The City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein. SECTION 4. Upon acceptance and approval of the above competitive bids and the execution of contracts for the public works and improvements as authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the - day of ,2009. ON 4c-IL MARK`. B O AHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: = c~. ( ft~ J lhc-tv t APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: 3-ORD-Bf 4377 CONTRACT AGREEMENT STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT, made and entered into this 17 day of November A.D., 2009, by and between City of Denton of the County of Denton and State of Texas, acting through George C. Campbell thereunto duly authorized so to do, hereinafter termed "OWNER," and Caliber Construction, Inc. 504 Chambers St. Denton TX 76205 of the City of Denton, County of Denton and State of Texas , hereinafter termed "CONTRACTOR." WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by OWNER, and under the conditions expressed in the bonds attached hereto, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified below: Bid 4377 Wheel Wash System in the amount of $423,462 and all extra work in connection therewith, under the terms as stated in the General Conditions of the agreement; and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the work specified above, in accordance with the conditions and prices stated .in the Proposal and the Performance and Payment Bonds, attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), and Instructions to Bidders, as referenced herein and on file in the office of the Purchasing Agent, and in accordance with all local, state and federal laws; and plans, which includes all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by: Chiang, Patel & Yerby, Inc. all of which are referenced herein and made a part hereof and collectively evidence and constitute the entire contract. CA-1 Independent Status It is mutually understood and agreed by and between City and Contractor that Contractor is an independent contractor and shall not be deemed to be. or considered an employee of the City of Denton, Texas, for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, worker's compensation, or any other City employee benefit. City shall not have supervision and control of Contractor or any employee of Contractor, and it is expressly understood that Contractor shall perform the services hereunder according to the attached specifications at the general direction of the City Manager of the City of Denton, Texas, or his designee under this agreement. Indemnification Contractor covenants and agrees to and does hereby indemnify, hold harmless and defend, at its own expense, Owner, its officers, servants and employees, from and against any and all claims or suits for property loss or damage and/or personal injury, including death, to any and all persons, of whatsoever kind or character, whether real or asserted, arising out of the Work and services to be performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or invitees, whether or not caused, in whole or in part, by the alleged negligence of the officers, servants, employees, of the Owner. Contractor likewise covenants and agrees to, and does hereby, indemnify and hold harmless Owner during the performance of any of the terms and conditions of this Contract, whether arising out of in whole or in part, any and all alleged acts or omissions of officers, servants, or employees of Owner. The. provisions of this paragraph, are solely for the benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other person or entity. Choice of Law and Venue This agreement shall be governed by the law of the State of Texas and venue for its construction and enforcement shall lie in the courts of Denton County, Texas.* The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in written notice to commence work and complete all work within the time stated in the Proposal, subject to such extensions of time as are provided by the General and Special Conditions. The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the Contract. CA-2 Right to Audit The OWNER shall have the right to audit and make copies of the books, records and computations pertaining to this agreement. The CONTRACTOR shall retain such books, records,-documents and other evidence pertaining to this agreement during the contract period and five years thereafter, except if an.audit is in progress or audit findings are yet unresolved, in which case records shall be kept until all audit tasks are completed and resolved. These books, records, documents and other evidence shall be available, within 10 business days of written request. Further, the CONTRACTOR shall also require all Subcontractors, material suppliers, and other payees to retain all books, records, documents and other evidence pertaining to this agreement, and to allow the OWNER similar access to those documents. All books and records will be made available within a 50 mile radius of the City of Denton. The cost.of the audit will be borne by the OWNER unless the audit reveals an overpayment of 1% or greater. If an overpayment of 1% or greater occurs, the reasonable cost of the audit, including any travel costs, must be borne by the CONTRACTOR which must be payable within five business days of receipt of an invoice. Failure to comply with the provisions of this section shall be a material breach of this contract and shall constitute, in the OWNER'S sole discretion, grounds for termination thereof. Each of the terms "books" "records" "documents" and "other evidence" as used above shall be construed to include drafts and electronic files, even if such drafts or electronic files are subsequently used to generate or prepare a final printed document. CA-3 IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. TTEST: ` W-Ot 11L4- City of Denton O 1'. IAj j- BY: . I V tft 0 (SEAL)- ATTEST: CONTRACTOR To,mcAo- 'Fm, C-hv-.P-r 001b" N)hs~Tucho'n Tnc-. P) D 1-1 umm C411, Tf- -1 t0oZ0S MAILING ADDRESS 01 L~ 0- lgcll~) - TS -I . PHONE NUMBER HO 591-uloy. FAX NUMBER BY: V 1 C.2, TITLE SCo Tm APPROVED AS TO FORM: PRINTED NAME (SEAL) A BURGESS, CFfV A O Y ✓G CA-4 Ilk PERFORMANCE BOND STATE OF TEXAS § Bond No. 4376528 COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That Caliber Construction, Inc.✓ whose address is 504 Chambers St. Denton, TX 76205 hereinafter called . Principal, and SureTec Insurance Company a corporation organized and existing under the laws of the State of Texas' , 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 Four.Huns ed Twenty Three Thousand Four. Hundred Sixty Two and 0/100 DOLLARS ($423,462 )plus ten percent of the stated penal sum as an additional sum of money representing additional court expenses, attorneys' fees, and liquidated damages arising out of or connected with the below identified Contract, in lawful money of the United States, to be paid in Denton County, Texas, for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement, which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement, which reduces the Contract price, decrease the penal sum of this Bond. THE OBLIGATION TO PAY SAME is conditioned, as follows: Whereas, the Principal entered into a certain Contract, identified by Ordinance Number 2009-293-w'i the City of Denton, the OVMer, dated the 17th day of November A.D. 2009,-fo Bid #4377 Wheel Wash System. NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill all of the undertakings, covenants, terns, conditions and agreements of said Contract in accordance with the Plans, Specifications and Contract Documents during the original term thereof and any extension thereof which may be granted by the' Owner, with or without notice to the Surety, and during the life of any guaranty or warranty required under this Contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby waived; and, if the Principal shall repair and/or replace all defects due to faulty materials and workmanship that appear within a period of two (2) years from the date of final completion and final acceptance of the Work by the Owner, and, if the Principal shall fully indemnify and save harmless the Owner from all costs and damages which Owner may suffer by reason of failure to.so perform herein and shall fully reimburse and repay Owner all outlay and expense which the Owner may incur in making good any default or deficiency, then this obligation shall be void; otherwise, it shall remain in full force and effect. PB - 1 L PROVIDED FURTHER, that if any legal action be filed upon this Bond, exclusive venue shall lie in Denton County, State of Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc., accompanying the same, shall in anywise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc. This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, as amended, and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Denton County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Article 7.19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas. IN WITNESS WHEREOF, this instrument is executed in four copies, each one of which shall be deemed an original, this the 17th day of November , 2009 ATTEST: PRINCIPAL Caliber Construction, Inc. BY: - - C;1`, Q K5 l C eni- BY: l PRESIDENT .ATTEST: SURETY SureTec Insurance Company BY: Cindy Fowler, W ess BY: ATTO -IN-FAC Connie Jein'Kregel.A f The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service Of the process is: NAME: Jeffrey Todd McIntosh, Allied North America Insurance Brokerage of Texas, LLC STREET ADDRESS: 12770 Coit Rd., Ste. 750, Dallas, TX 75251 (NOTE: Date of Performance Bond must be date of Contract. If Resident Agent is not a corporation, give a person's name) PB - 2 ~ SI lG - PAYMENT BOND STATE OF TEXAS § Bond No. 4376528 COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That Caliber Construction Inc.✓ whose address is 504 Chambers St. Denton,. TX 76205 hereinafter called Principal, and SureTec Insurance Company, , a corporation organized and existing under the laws of the State of Texas , 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 Four Hundred Twenty .01 Three Thousand Four Hundred Sixty Two and 0/100DOLLARS ($423,462Wlawful money of the United States, to be.paid in Denton, County, Texas, for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. This Bond shall automatically be increased by the amount of any Change Order or.Supplemental Agreement which increases the Contract price, but in no event shall- a Change Order or Supplemental Agreement which reduces the Contract price decrease the penal sum of this Bond. THE OBLIGATION TO PAY. SAME is conditioned as follows: Whereas,, the Principal entered into a certain Contract, identified by Ordinance Number 2009-293 %~ith the City of Denton, the Owner dated the 17th day of November A.D. 20096 r Bid 4377 Wheel tem. Wash System. NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties and make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying labor and/or material in the prosecution of the Work provided for in said Contract and any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby expressly waived, then this obligation shall be void; otherwise it shall remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive venue shall lie in Denton County, Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc., accompanying the same, shall in anywise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to 'the Plans, Specifications, Drawings, etc. PB-3 T , 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 WIHEREOF, this instrument is executed in four copies, each one of which shall be deemed an original, this the 17th day of November , 2009 ATTEST: PRINCIPAL Caliber Construction, Inc. BY. 1! i ce, ~res~ dz11+ BY: 1 PRESIDENT ATTEST: SURETY t SureTec Insurance Company / BY: Cindy Fowler, Witness BY. *0,11 OA Connie~7ean ICre ATTORN ' -IN-FACT gel a ~ ~ y The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is: NAME: Jeffrey Todd McIntosh, Allied North America Insurance Brokerage of Texas, LLC STREET ADDRESS: 12770 Coif Rd., Ste. 750, Dallas, TX 75251 (NOTE: Date of Payment Bond must be date of Contract. If Resident Agent is not a corporation, give a person's name) PB - 4 S~ 422 T003 POA 'zec I suer nee ornpan-y _ =LlMITETONVER `OF ATTU E Kni All Men by These - reseho", T'hat~ SURETEC INSURANCE COMPANY =the "Company"); a corporation° duly organized and . existing um er the laws_:of the State of 'Texas, °and haytng :its principal office: in Houston, Harris County, Texas, does by these :presents - make; consittute and appoint - F :.L.- R_ Pitts, Jr., Beverly-M. Trimble; Connie Jean Kregel, Jeffrey Todd McIntosh, Cynthia Watson Fowler its true andlawful Attorney Jn-faet; with,-full power and'autliority hereby conferred' in its "name, place and stead, to execute, acknowledge and deliver any and all->?onds recognizances-. undertakings= or other instruments or contracts of suretyship to include waivers.to the• conditions of contracts and- consents of surety; providing the bond penalty does not exceed - Five'Million Dollars and no/100*($5,000, 000.00) and'to bind=the Company thereby as_ fully- -and to the same extent as if such bond were signed by the President, sealed with the;:corporate - seal=of the Company and duly attested by its- Secretary., hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises Sard;appointment;shall continue in force until 12/31/11 and is made under and-by.authority of the following resolutions-of the: Board of Directors of-the SureTec Insurance-.Company: &7 rt Resolved that the Yresident,_any Vice President,-an .Assistant Vice =President,..any Secretary or. an Assistant;:Secxet.. shall be and is - hereby vested with full power_and:anthority to appornt'any one :ar:moie: suitabl`e_,persons as.Aifciri~ey(s)-in=Fact torepre5enf and act for. and on - behalf ofatie Companysubject tQ the following prgvrsrons Atrorhty i Fact_`may be -given full'. power•.and authors for:and;in:the, name: of'and: of behalf of ih -'C ty mpany, to execute, = acknowledge and deliver, ariy arid=ail.bonds, recognrzaitces contracts, agreements'or indemni and•:otlier coi~clitional or_obli- t undehikin .acid an and all notices and documents canceling: or terminattrtg- the -C=.or ipany's ;liability thereunder; :and any-,such instnumennts. so. exec ted by any such Attorney _in Fact=shall.lie binding-upon the Coin an as tfsi vied b :the:Presi rP dent-anti sealed and effecied.Ti"fhe'Co 'orate Secrets p y, g Y Y rY Bed! Resolved, dial the_srgnature-of any autharized`off er and seal Cpmpany: or hereafter affixed=town power ot'attorrte or any certlficate.relaUi3g thereto_by facsrmtle;.an d any gower:of.attorney or:certificate=bearing :facsimileslgnature or facsitriile seal=shall be-valid . aiid.brndi g upon the Company wit. respect to any bond. or undertaking:m-which; "t is=attached (Adopted at a meeting:held on 2d1r of April, - » r tress-Tl<'her of, SURET'EC INSURANCE COMPANY has cans : these`.present,'ti be sigried.by its` President, and its corporate seal _ " to b - fiereto affixed this _28th day of Oc#ober; A.D.- 2008 ;~kr ~ CE C©HPAIYY` SU.RETEC II~tS. By Y'~ $..T.Kt reSltaQIIt 5 :State., Texas ss County of Hams On this 28h day of October, 2008 befor`.e-rrie personally. came l3 J Xahg to.metnown, who, tieing'bym- e drily sworn, did depose and say,. that he resides Houston, =Texas, that he ns President=of SURETEC INSURAI~'C.E COMPA]~IY, the. corrtgany .described in and:which executed the :at~oxe instrument; ':that he_latows thcseal:of saiii_Company;=that file seal affixed to. saiii instrument rs'such co rate<seal that it was so=affixed' b order ofthe Board of .;Directors ofsard Company and that he sighed tics nar ~e theidto by like order - - _ ' -ohtrl~88IltiY _ State of't~ca4 - OF -M-V 201 Itiiichelle.Denny,`N-otary.P; `IVIy: commission=expires- August. 27,20I2 I, M Brent Beaty, Assrstarit Secretary of::SURETEC INSURANCE COMPANY,:do_herebycertify that the-:above.and-foregaing:is:a fine and correct copy .of a°Potiver of Attgrriey, executed by said;Comgany;•iuhich is still-;in~full force:^and of ect;'and_furffiermore,.theresolutions of the Board of Directors, set, - - out to the Power of Attorney are iii full forccandeffect.. , - Given under my hand t and the seal of-satdCompan a :Houston, Texas this day :y 7:. of 20 - M._Brent- eaty. Assts nt Secretary ~ -7 Any titstrurnertt tssur'd In excessof the,-penatt/ stated at3cve lstotall void and withotat'an validity.". ;Far verificattori of the authority of this,pov~ r you may catl {7ls}_ 9,0840 any bustness-bay bet~veen;8:40 am and 5:40: rri CST. - - kip SureTec Insurance Company THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION Statutory Complaint Notice To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or to make a complaint at: 1-866-732-0099 You may also write to the Surety at: SureTec Insurance Company 9737 Great Hills Trail, Ste. 320 Austin, TX 78759 You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints at 1-800-252-3439. You may write the Texas Department of Insurance at PO Box 149104 Austin, TX 78714-9104 Fax#: 512-475-1771 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance. Important Notice Regarding Terrorism Risk Insurance Act of 2002 The Bond to which this Rider is attached does not provide coverage for, and the surety shall not be liable for, losses caused by acts of terrorism, riot, civil insurrection, or acts of war. Exclusion of Liability for Mold, Mycotoxins, and Fungi The Bond to which this Rider- is attached does not provide coverage for, and the surety thereon shall not be liable for, molds, living or dead fungi, bacteria, allergins, histamines, spores, hyphae, or mycotoxins, or their related products or parts, nor the remediation thereof, nor the consequences of their occurrence, existence, or appearance. Triple Rider with Mold Excl.doc rev. 1103 1 CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Bidder's attention is directed to the insurance requirements below. It is highly recommended that bidders confer with their respective insurance carriers or brokers to determine in advance of Bid submission the availability of insurance certificates and endorsements as prescribed and provided herein. If an apparent low bidder fails to comply strictly with the insurance requirements, that bidder may be disqualified from award of the contract. Upon bid award, all insurance requirements shall become contractual obligations, which the successful bidder shall have a duty to maintain throughout the course of this contract. STANDARD PROVISIONS: Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted work has been completed and accepted by the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter. As soon as practicable after notification of bid award, Contractor shall file with the Purchasing Department satisfactory certificates _of insurance, containing the bid number and title of the project. Contractor may, upon written request to the Purchasing Department, ask for clarification of any insurance requirements at any time; however, Contractors are strongly advised to make such requests prior to bid opening, since the insurance requirements may not be modified or waived after bid opening unless a written exception has been submitted with the bid. Contractor shall not commence any work or deliver any material until he or she receives notification that the contract has been accepted, approved, and signed by the City of Denton. All insurance policies proposed or obtained in satisfaction of these requirements shall comply with the following general specifications, and shall be maintained in compliance with these general specifications throughout the duration of the Contract, or longer, if so noted: • Each policy shall be issued by a company authorized to do business in the State of Texas with an A.M. Best Company rating of at least A. • Any deductibles or self-insured retentions shall be declared in the bid proposal. If requested by the City, the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, its officials, agents, employees and volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. • Liability policies shall be endorsed to provide the following: • Name as additional insured the City of Denton, its Officials, Agents, Employees and volunteers. CI-9 • That such insurance is primary to any other insurance available to the additional insured with respect to claims- covered under the policy and that this insurance applies separately to each insured against whom claim is made or suit is brought. The inclusion of more than one insured shall not operate to increase the insurer's limit of liability. • Cancellation: The City requires 30 day written notice should any of the policies described on the certificate be cancelled or materially changed before the expiration date.. • Should any of the required insurance be provided under a claims-made form, Contractor shall maintain such coverage continuously throughout the term of this contract and, without lapse, for a period of three years beyond the contract expiration, such that occurrences. arising during the contract term which give rise to claims made after expiration of the contract shall be covered. • Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit providing for claims investigation or legal defense costs to be included in the general annual aggregate limit, the Contractor shall either double the occurrence limits or obtain Owners and Contractors Protective Liability Insurance. • Should any required insurance lapse during the contract term, requests for payments originating after such lapse shall not be processed until the City receives satisfactory evidence of reinstated coverage as required by this contract, effective as of the lapse date. If insurance is not reinstated, City may, at its sole option, terminate this agreement effective on the date of the lapse. CI - 10 SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: All insurance policies proposed or obtained in satisfaction of this Contract shall additionally comply with the following marked specifications, and shall be maintained in compliance with these additional specifications throughout the duration of the Contract, or longer, if so noted. [X] A. General Liability Insurance: General Liability insurance with combined single limits of not less than $1,000,000.00 shall be provided and maintained by the Contractor. The policy shall be written on an occurrence basis either in a single policy or in a combination of underlying and umbrella or excess policies. If the Commercial General Liability form (ISO Form CG 0001 current edition) is used: • Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual liability covering this contract and broad form property damage coverage. • Coverage B shall include personal injury. Coverage C, medical payments, is not required. If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) is used, it shall include at least: • Bodily injury and Property Damage Liability for premises, operations, products and completed operations, independent contractors and property damage resulting from explosion, collapse or underground (XU) exposures. • Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability. [X] Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than $500,000.00 either in a single policy or in a combination of basic and umbrella or excess policies. The policy will include bodily injury and property damage liability arising out of the operation, maintenance and use of all automobiles and mobile equipment used in conjunction with this contract.. Satisfaction of the above requirement shall be in the form of a policy endorsement for: • any auto, or • all owned, hired and non-owned autos. CI_ 11 r [XI Workers Compensation Insurance Contractor shall purchase and maintain Worker's Compensation insurance which, in addition to meeting the minimum statutory requirements for issuance of such insurance, has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 policy limit for occupational disease. The City need not be named as an "Additional Insured" but the insurer shall agree to waive all rights of subrogation against the City, its officials, agents, employees and volunteers for any work performed for the City by the Named Insured. For building or construction projects, the Contractor shall comply with the provisions of Attachment 1 in accordance with §406.096 of the Texas Labor Code and rule 28TAC 110.110 of the Texas Worker's Compensation Commission (TWCC). [ ] Owner's and Contractor's Protective Liability Insurance The Contractor shall obtain, pay for and maintain at all times during the prosecution of the work under this contract, an Owner's and Contractor's Protective Liability insurance policy naming the City as insured for property damage and bodily injury which may .arise in the prosecution of the work or Contractor's operations under this contract. Coverage shall be on an "occurrence" basis,. and the policy shall be issued by the same insurance company that carries the Contractor's liability insurance. Policy limits will be at least combined bodily injury and property damage per occurrence with a aggregate. [ ] Fire Damage Legal Liability Insurance Coverage is required if Broad form General Liability is not provided or is unavailable to the contractor or if a contractor leases or rents a portion of a City building. Limits of not less than each occurrence are required. [ ] Professional Liability Insurance Professional liability insurance with limits not less than per claim with respect to negligent acts, errors or omissions in connection with professional services is required under this Agreement. [ ] Builders' Risk Insurance Builders' Risk Insurance, on an All-Risk form for 100% of the completed value shall be provided. Such policy shall include as "Named Insured" the City of Denton and all subcontractors as their interests may appear. Cl - 12 [ ] Commercial Crime Provides coverage for the theft or disappearance of cash or checks, robbery inside/outside the premises, burglary of the premises, and employee fidelity. The employee fidelity portion of this coverage should be written on a "blanket" basis to cover all employees, including new hires. This type insurance should be required if the contractor has access to City funds. Limits of not less than each occurrence are required. [ ] Additional Insurance Other insurance may be required on an individual basis for extra hazardous contracts and specific service agreements. If such additional insurance is required for a specific contract, that requirement will be described in the "Specific Conditions" of the contract specifications. CI - 13 _ u . ATTACHMENT I [X] Worker's Compensation Coverage for Building or Construction Projects for Governmental Entities A. Definitions: Certificate of coverage ("certificate ")-A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or.a coverage agreement (TWCC- 81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in §406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons. to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any overage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the Contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: Cl - 14 r- 1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and 2) no later than- seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in wr iting by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 1. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: 1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements * of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; 2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; 3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 4) obtain from each other person with whom it contracts, and provide to the contractor: a) certificate of coverage, prior to the other person beginning work on the project; and b) a new certificate of coverage showing extension of coverage, pri or 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; Cl - 15 a 5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; 6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and 7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor. who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self- insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. Cl - 16 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 1491, 80th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with chapter 176 of the Local- Government Code by a Date Received person doing business with the governmental entity. By law this questionnaire must be filed with the records administrator of the local government not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government Code. A person commits an offense if the person violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor. 1 Name of person who has a business relationship with local governmental entity. 2 Nl - Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 71' business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) Name of local government officer with whom filer has an employment or business relationship. Name of Officer This section, (item 3 including subparts A, B, C & D), must be completed for each officer with whom the filer has an employment or other business relationship as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the filer of the questionnaire? 0 Yes F --]No B. Is the filer of the questionnaire receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? 0 Yes 0 No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership of 10 percent or more? 0 Yes 0 No D. Describe each affiliation or business relationship. 4 r) o 01 Signature of person doing business with the governmental entity Date Adopted 06129/2007 CIQ - I Bed 4377 Proposal Forth Wheel Wash System Estimated Item No. Quantity Unit Description Unit Cost Amount 1 1 L.S. Mobilization Dollars Per Unit Written $ 1 3, 3 2 6. 0 0 2 300 C.Y. General Excavation, Hauling and Stockpiling Dollars Per Unit Written $ 151,033.00 3 1 L.S. Supply and Install Wheel Wash System and all Accessories Dollars Per Unit Written $ . 2 2 4, 6 7 0. 0 0 4 1 LS. Construct Reinforced Concrete Water Recycle Tank and Reinforced Concrete Wheel-Wash Base Dollars Per Unit Written $ 101,819.00 5 2,400 S.F.- Construct 10" Reinforced Concrete Paving Dollars Per Unit Written $ 36, 949. 00 6 1 L.S. Install Reuse Water Line Dollars Per Unit Written $ 30,990.00 7 1 L.S. Temporary Erosion Control Dollars Per Unit Written 6%5.00 1$$ COMPANY Caliber Construction Inc . ADDRESS: 504 Chambers St., Denton, TX 76205 FAX (940) 591 -0704 5 } PHONE: (940) 898-8784 COMPANY REPRESENTATIVE: Scott Richter TITLE: Vice President PAGE P - 3 OF BID #4377 w. BIDSUMMARY TOTAL PRICE IN WORDS: Four hundred twenty three thousand four hundred sixty two dollars (423,462.00) In the event of the award of a contract to the undersigned, the undersigned will finish a performance bond and a payment bond for the full amount of the contract, to secure proper compliance with the terms and provisions of the contract; to insure and guarantee the work until final completion and acceptance, and to, guarantee payment for all lawful claims for labor performed and materials furnished in the fulfillment of the contract. It is understood that the work proposed to be done shall be accepted, when fully completed . and finished in accordance with the plans and specifications, to the satisfaction of the Engineer. The undersigned certifies that the bid prices contained in this proposal have been carefully checked and are submitted as correct and final. Unit and lump sum prices as shown for each item listed in this proposal, shall control over extensions. The undersigned agrees this bid becomes the property of the City of Denton after the official opening. The undersigned affirms that they are duly authorized to execute this contract. Vendor hereby assigns to purchaser any and all claims for overcharges associated with this contract which arise under the antitrust laws of the United States, 15 USCA Section 1 et sea., and which arise under the antitrust laws of the State of Texas, Tex. Bus. & Com. Code, Section 15.01, et seg. PAGE P - 4 OF BID #4377 Receipt is hereby acknowledged of the following addenda to the plans and specifications: Addendum No. I dated 9- 2 2- 0 9 Received 10-6-09 Addendum No. 2 dated 10 - 5 = 0 9 Received 10 - 6 - 0 9 Addendum No. 3 dated Received Addendum No. 4 dated Received Addendum No. 5 dated Received -raiiher Construction~Inr. CONTRALTO BY Scott Richter 504 Chambers St. Street Address -Denton, Texas 76205 City and State Seal & Authorization (if a Corporation) (9 4 0) 89 8- 87 8 4 Telephone PAGE P - 5 OF BID #4377 F - VENDOR CONIFL][ANCE TO STATE LAW The. 1985 Session of the Texas Legislature passed House Bill 620 relative to the award of contracts to non-resident bidders. This law'provides that, in order to be awarded a contract as low bidder, neon-resident bidders (out-of-state contractors whose corporate offices or principal place of business are outside of the State of Texas) bid projects for construction, improvements, supplies or services in Texas at an amount lower than -,the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a non-resident bidder in order to obtain a comparable contraci in. the state in which the non-resident's principal place of business is located. The appropriate'-blanks in Section A below must be filled out by all out-of-state or non-resident bidders in order for your bid to meet specifications. The failure of out-of-state or non-resident contractors to- do so will automatically disqualify that bidder. Resident bidders-must check the blank in Section B. A. Non-resident bidders in- (give state), our principal place of business, are required to be percent lower than resident bidders by state law. A copy of the statute is attached. Non-resident bidders in -(give state), our principal place of business, are -not required to underbid resident bidders. B. Our principal place of business or corporate offices are in the State of Texas: x BIDDER: Caliber Construction, Inc. COMPANY BY Scott Richter 504 Chambers St. Street Address Denton, Texas 76205 City and State THIS FORM MUST BE RETURNED WITH YOUR BID. PAGE P - 6 OF BID #4377 u r• ~ G f~ y+ . I~1 w_ Purchasing Department 901-B Texas St. Denton, TX 76209 (940) 349-7100 www.dentonpurchasing.com ADDENDUM #1 Bid #4377 For Wheel Wash stern BIDS DUE: October 8, 2009' 2:00 P.M. Bid submitted by: Caliber Construction, Inc. Company Name BID #4377 ADDENDUM #1 Addendum #1 to be returned with Bid Proposal Please see attached page with changes to the bid specifications. NO OTHER CHANGES AT THIS TIME. This form shall be signed and returned with your bid Name: Scott,-. Richter Signature: Company: Caliber Construction, Inc.. Title: ' Vice President Date: October 8, 2009 J 5 ' II i I1 - fay„-u'- H'• Purchasing Department 901-B Texas St. Denton, TX 76209 (940)'349-7100 www.dentonpurchasing.com ADDENDUM ##2 Bid±'-A377 For Wheel Wash Svstem BIDS DUE: October 8, 2009 2:00 P.M. Bid submitted by: Caliber Construction, Inc. Company Name JBID #4377 ADDENDUM #2 Addendum #2 to be returned with Bid Proposal Please see attached page with changes to the bid -specifications/drawing (Sheet C-3). NO OTHER CHANGES AT THIS TIME. This form shall be signed and returned with your bid. Name: Signature: Company: Caliber Construction, Inc. Title: Vice President Date: OGtebe~r 9, 2009 - i i In order to obtain proper information from bidders so that City of Denton may consider the safety records of potential contractors prior to awarding bids on City contracts, City of Denton requires that bidders answer the following three (3) questions and submit them with their bids: QUESTION ONE Has the bidder, or the firm, corporation, partnership, or institution represented by the bidder, or Y anyone acting for' such firm, corporation, partnership or institution, received citations for. violations of OSHA within the past three.(3) years? YES NO x If the bidder has indicated YES 'for question. number one above, the bidder must provide to Ci ,of Denton, with its bid submission, the following information with. respect to each such station: Date of offense, location of establishment inspected, category of offense, final dis osition of offense if any, and penalty assessed. p ' QUESTION TWO Has the bidder, or the firm, corporation, partnership, or institution represented by the bidder, or anyone acting for such firm, corporation; partnership or institution, received citations' for violations of environmental protection laws or : regulations, of any kind or type, within the past five years?- Citations include notice of violation, notice of enforcement, suspension/revocations of state or federal licenses, or registrations; fines assessek pending - criminal complaints, indictments, or convictions, administrative orders, draft . orders, final.orders, and judicial 'final judgments, YES NO x If the bidder - has indicated YES for question number two above,. the bidder must provide to Ci .of Denton, with its bid submission, the following information with respect to each such conviction: Date of offense 'or occurrence, location where offense occurred, type of offense, final disposition of offense, of any, and penalty assessed. QUESTION THREE Has the bidder, or the firm, corporation, partnership, or institution represented by bidder, or anyone acting for such firm, corporation, partnership, or institution, ever been convicted, within the past ten (10) years, of a criminal offense which resulted in serious bodily injury or death? YES NO X If the bidder has indicated YES for question number three above, the bidder must provide to City of Denton, with its bid submission, the following information with respect to each such conviction: Date of offense, location where offense occurred, type of offense, final disposition of offense, if any, and penalty assessed. PAGE SQ - 2 OF BID #4377 s a ACKNOWLEDGEMENT THE STATE OF TEXAS COUNTY OF DENTON I certify that I have made. no willful misrepresentations in this Questionnaire nor have I withheld information in my statements and answers to questions. I am aware that the information given by me in this questionnaire will be investigated, -with my full permission, and that any misrepresentations or-omissions may cause my bid to be rejected. Signature Vice President Title PAGE SQ - 3 OF BID #4377 a BID BOND KNOW ALL MEN BY THESE PRESENTS, that we Caliber Construction, Inc. as principal, hereinafter called the uPrincipal," and SURETEC INSURANCE COMPANY, 9737 Great Hills Trail, Suite 320, Austin, Tx 78759, as surety, hereinafter called the "Surety," are held and firmly bound unto City of Denton as obligee, hereinafter called the Obligee, in the sum of Five Percent of Amount Bid Percent ( 5% ) of the Amount Bid by Principal for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the principal has submitted a bid for Landfill Wheel Wash System NOW, THEREFORE, if the contract be timely awarded to the Principal and the Principal shall within such time as specified in the bid, enter into a contract in writing or, in the event of the failure of the Principal to enter into such Contract, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the worm covered by said bid,.then this obligation-shall be null and void, otherwise to remain in full force and effect. PROVIDED, HOWEVER, neither Principal nor Surety shall be bound hereunder unless Obligee prior to execution of the final contract shall fumish evidence of financing in a manner and form acceptable to Principal and Surety that financing has been firmly committed to cover the entire cost of the project. SIGNED, sealed and dated this 8th day of October 2009 Caliber Construction, Inc. (Principal) BY: TITLE: SureTec Insurance Company BY: Connie J Kregel omey in-F 9 b- D Bid Bond Uncapped July 2006.doc Rev 1.1.06 " POA 4221003 U"Tet Usur"Ce Comp* :T.UIT'M POWER DF AWORNEY . ito~z► . F-. These P a- -T'hat- SURFMC INSURAN .CUMi~A1 -(fie ' `GontpWn, corpo On duly organized and :ex g iu a "tom > plrincipal c f i ce::i H94060, .Hargis Co mty; °I'exas, Ides by these prints mnk,est~te mint L..Ray,pitts, Jr., Beverly M. Trimble, Connie Jean Kregel, Jeffrey Todd McIntosh, Cynthia Watson Fowler its true and lawful Attorney-in-fact, with full power and "authority hereby conferred- in its name; place and stead, to 'execute, acknowledge and deliver any and all bonds, recognizances; undertakings or other instruments -,or contracts of suretyship to. include waivers to the : -conditions. of contracts and consents of surety, providing the bond penalty does not exceed Five Million Dollars and no/100 ($5;000,000.00) and to bind the Company thereby as.fully and"to the same extent as if such bond were signed by the President, sealed with- the corporate seal of the Company and duly attested.by its Secretary, hereby ratifying and confirming all that the said Attorneys}-in-Fact may do in the :premises. Said appointment shall continue in force until -12/31/1 l and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Ne it ,(~ero~v~d, that the Pre`si t; any vjjc.~Preswe4 al-y.Asis= Y ee-President,. any S=jetary.or any A&sis W Secretary Mall be and is " he yrv ,;fit t-R13~ier:and ofty fo ap00'm_t niry i fli~more s t6ble per ans "as AtomeYW-k-Fact't'merit Md .&i and on `lieJialf of &.Oimg ny suf feet re ,tfie fil loN&" £ - l~-Pro~rsr r tpt!~ y- - a maybe" given fall ow r: d'suiibciii3y :ankin.: e. namw of and a beWf of tbe Company : o- execute, : acla~owleage and :Aeliyer, gay ;ana W Bands;-iecogniranee contraets; r int rr~ity anEi-:of ei bditiottal or`obl gato y t rtal ngs:and" y lI o#rce anitr °documen "gneel n ; :nr 3ermina ng C-cn A .Ws Jiabilify- Itereunder,. -aad any such in meats.. ;aQ -txe:cuted sn li t~ -FiciSM1 `b*h-q$ri the"l:o Y` 113' e - - 'm~} y as ft ji:tbe:Ydent and sealet€ and eft'ecfed~y.#he .Cbrpofate Se~erarjr. - T tf)Zm : iA signature pf anY a~?tlioi ze as sear of the pan} heretofore or hereafler:affxed to-any power of attorney or. Y cificateila€ by faesiiiiile, and povuei~ attorney `oceitrdte lieamn faciitueigaatune 'o facile seal shall be valid atfd in"ding itpiia Zlie oti3pariy. with resp -01 To Y lioiid 'd rtakiag..to .w `is. attafhed. (AdopW -0 a_ rimfing:hdd on 200of?4pri1, 1.99 - - lj!-Vdn&t Tf'hexeo T ' - CZIJS CE' CQMPAI±IY has:cai d Giese presenf$ to ba sigffea_by its i&nt, aud'its:d4orate seal " -to. he hereto af€cxed.t[his 28th day ofOciober, A.D. 1069. SURET)~ IPt . _ CE COMPANY A . ~es ilept ,State :gf Texas `County:6f.Hazr'rs :On.tbb28h day of 'October. 2008 befoi vt is personally c B:J. King,_ to°ine know who, being by me duly-sworn, Aid-depose and say, that he resides in "$oustbn, TexOS; that ">re is President of ;$V-R M .C II~SL~OE COMPANTOhe evmgany describedJu and which.cumuted :the :above :instrunienn4 - -that he: knows the seal. of sa d:ComrlhM that the seal WE ed~ co said.instruniwi ls such gate. seal;- that it was so:affixed by order of -the Board:of -&1f&t&S otsaid t 0 and': mP 3 I lus PAW ieie by lake order. - ~11~C~'tB11i~a~Y1~' YW k-". 06- 1 of .~r2M t _ MI~cele Den; hltitat ► lie -MY- 00imissionftpires AlWpW27, 2012: . I, M. Brent:Beaty„Assistant Segetary of S:URETEC INSU)k~ coN PANy; do'hereby certify: thatthe:above.and foregoing.is:a true and correct copy ofa Power bf.Attorney:; executed by said Company;: which;is" still in full force and effect; -and fnrtbeimoM the resolutions of the Board of Directors, set -out in the power of Attorney-are.ih fbll-.force and_effect. Given under my hand and tbe.seal of said Company at Houston, Texas this 8th day of October , 20 09 , A.D. Amp 1K. Brent" ty,- Ass' nt Secretary Any-AnyIssued In bkcess ofthe penalty stated ahova is totally :void and without-any validity. For.veAcation of :the avtharity of this power you may cali'(743) 817-0800 any business.day between 8:00 am and 5:00 prn CST. c n SureTec Insurance Company THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION Statutory Complaint Notice To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or to make a complaint at: 1-866-732-0099. You may also write to the Surety at: SureTec Insurance Company 9737 Great Hills Trail, Suite 320 Austin, Tx 78759 You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints at 1-800-252-3439. You may write the Texas Department of Insurance at PO Box 149104 Austin, TX 78714-9104 Fax#: 512-475-1771 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance. Terrorism Risks Exclusion The Bond to which this Rider is attached does not provide coverage for, and the surety shall not be liable for, losses caused by acts of terrorism, riot, civil insurrection, or acts of war. Exclusion of Liability for Mold, Mycotoxins, Fungi & Environmental Hazards The Bond to which this Rider is attached does not provide coverage for, and the surety thereon shall not be liable for, molds, living or dead fungi, bacteria, allergens, histamines, spores, hyphae, or mycotoxins, or their related products or parts, nor for any environmental hazards, bio-hazards, hazardous materials, environmental spills, contamination, or cleanup, nor the remediation thereof, nor the consequences to persons, property, or the performance of the bonded obligations, of the occurrence, existence, or appearance thereof. Rev 1.1.06 ACORD CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD 11/30/2009 009 PRODUCER 817.261. 1101 FAX 817.261.1120 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Apex Insurance Agency, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 600 Six Flags Dr., Suite 102 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Arlington, TX 76011-6322 Debbie Hughes INSURERS AFFORDING COVERAGE NAIC # INSURED Caliber Construction Inc INSURERA: Gemini Insurance Company 504 Chambers INSURERB: American Mercury Lloyds 25470 Denton, TX 76205 o► INSURERc: Texas Mutual Insurance Company 184 ~v SP INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR DD' TYPE OF INSURA E POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LTR NSR DATE (MMIDDIYYYY) DATE MM/DDIYYYY LIMITS GENERAL LIABILITY VIGP011041 8/16/2009 08/16/201 EACH OCCURRENCE $ 1,000,00 ✓ AMAGE TO RENTED X COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence) $ 50 , 00 CLAIMS MADE a OCCUR MED EXP (Any one person) $ 5,00 A PERSONAL & ADV INIJURY $ 1,000,00N GENERAL AGGREGATE $ 2, 000, 00 GEML AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG $ 2,000,00 POLICY PRO- JECT LOC AUTOMOBILE LIABILITY BAP4510876 4/28/2009 04/28/2010 COMBINED SINGLE LIMIT ANY AUTO (Ea accident) • $ 750,000 ALL OWNED AUTOS BODILY INJURY B X SCHEDULED AUTOS (Per person) $ X HIRED AUTOS ✓ / BODILY INJURY $ X NON-OWNED AUTOS I (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO EA ACC $ OTHER THAN AUTO ONLY: AGG $ EXCESS / UMBRELLA LIABILITY EACH OCCURRENCE $ -1 OCCUR F-ICLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ $ AND EMPLOYERS EMPLOYERSNLIAABILITBILITY TSF0001172441 05/02/2009 05/02/2010 AND TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE[D E.L. EACH ACCIDENT $ 500 r 000 C OFFICER/MEMBER EXCLUDED? u (Mandatory in NH) E.L. DISEASE - EA EMPLOYE $ 500, 000 ✓If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $ 500 , 000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS it of Denton, its Officials, Agents, Employees and Volunteers to be shown as Additional Insured on he Gen_ ral Liability & Ate o Liabil itx!~Waiver of SIb_rna~ ton in favor of the same is inc u e on the orkers Compensation Policy.✓ CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 /S WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL City of Denton-"" IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR George Campbell REPRESENTATIVES. 215 E McKinney AUTHORIZED REPRESENTATIVE c,_ De ton, TX 76201 IJerry O' Rear/CHERYL (f""`1p'~~901~ ACORD 25 (2009/01) FAX: 940.349.8596 ©1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2009/01)