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2009-012ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS ACCEPTING COMPETITIVE SEALED PROPOSALS AND AWARDING A BEST VALUE CONTRACT FOR THE RENOVATION AND EXPANSION OF THE CITY OF DENTON SENIOR CENTER; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (RFSP 4206-DENTON SENIOR CENTER RENOVATIONS AND ADDITION AWARDED TO H.C.I. GENERAL CONTRACTORS, INC. IN THE AMOUNT OF $1,184,300). WHEREAS, the City has solicited, received, and tabulated competitive best value bids, for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of State law and City ordinances based on the best value as determined by using the selection criteria set forth in the request for bids; and WHEREAS, the City's selection committee has reviewed and recommended that the herein described bids are the best value based on the selection criteria for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted; and WHEREAS, the City's Purchasing Agent has determined that the best value bid process provides the best value to the City for this procurement; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and conclusions set forth in the preamble of this ordinance are incorporated within the body of the ordinance. SECTION 2. The options in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" on file in the office of the City Purchasing Agent, is hereby accepted and approved as being the best value based on the selection criteria contained in the request for bids for such items: RFSP NUMBER DESCRIPTION VENDOR AMOUNT 4206 Denton Senior Center H.C.I. General Contractors, Inc. $1,184,300 Renovation and Addition SECTION 3. By the acceptance and approval of the above items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. SECTION 4. The City Manager is hereby authorized to execute any and all necessary written contracts for the performance of the services in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with and relating to the items specified in Section 1, which written contract(s) shall be attached hereto; provided that the written contract is in accordance with the above Request to Submit Bids, Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein. SECTION 5. By the acceptance and approval of the above enumerated bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids. SECTION 6. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of (A=W2 ,2009. AYOR MARK A. BU UG rll' ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: 3-OR D- 42D6 4 CONTRACT AGREEMENT STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT, made and entered into this 6 day of January 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 H C.I. General Contractors, Inc. 703 McKinney Suite 308 Dallas, TX 75202 of the City of Dallas, County of Dallas 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: RFSP 4206- Denton Senior Center Renovation and Addition in the amount of $1,184,300 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: Brown Remolds Watford Architects Inc. all of which are referenced herein and made a part hereof and collectively evidence and constitute the entire contract. CA-1 K 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. ATTEST: ATTEST: -7 4- City of Denton OWNER BY: (SEAL) H.C.I. General Contractors, Inc. CONTRACTOR 703 McKinney, Suite 308 Dallas, Texas 75202 MAILING ADDRESS 214-871-9746 PHONE NUMBER APPROVED AS TO FORM: r AN A BURGESS, CITY TTO Y 214-871-974 NU B BY: TI LE Mark S. Nelon - President PRINTED NAME (SEAL) CA-4 STATE OF TEXAS § COUNTY OF DENTON § PERFORMANCE BOND /S""j /os/y9~sa KNOW ALL MEN BY THESE PRESENTS: That H.C.I. General Contractors, Inc whose address is 703 N Kinney Suite 3_Q8 Dallas, TX 75202 hereinafter called Principal, and ~n , a corporation organized and existing under the laws of the ate of 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 One Hundred Eighty Four Thousand Three Hundred and 0/100 DOLLARS ($1 184 30 lus ten percent of the stated penal sum as an additional sum of money representing additional court expenses, attorneys' fees, and liquidated damages arising out of or connected with the below identified Contract, in lawful money of the United States, to be paid in Denton County, Texas, for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement, which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement, which reduces the Contract price, decrease the penal sum of this Bond. THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain Contract, identified by Ordinance Number 2009-012th the City of Denton, the Owner, dated the 6th day of January A.D. 2009 RFSP 94206-Denton Senior Center Renovations and Addition.."", NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill all of the undertakings, covenants, terms, conditions and agreements of said Contract in accordance with the Plans, Specifications and Contract Documents during the original term thereof and any extension thereof which may be granted by the Owner, with or without notice to the Surety, and during the life of any guaranty or warranty required under this Contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby waived; and, if the Principal shall repair and/or replace all defects due to faulty materials and workmanship that appear within a period of two (2) years from the date of final completion and final acceptance of the Work by the Owner; and, if the Principal shall fully indemnify and save harmless the Owner from all costs and damages which Owner may suffer by reason of failure to so perform herein and shall fully reimburse and repay Owner all outlay and expense which the Owner may incur in making good any default or deficiency, then this obligation shall be void; otherwise, it shall remain in full force and effect. PB-1 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 -day of-~ ATTEST: BY: SECRETARY PRINCIPAL BY: RESIDEN Ate: SURETY ~Ge a f C~lso "Z, C1:2.74211 - 7 r /57 /'N/fe/C.9 BY: BY: (MFF IN- CT rEERYY TRENTHAM The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process 'is: NAME: STREET ADDRESS:D (NOTE: Date of Performance Bond must be date of Contract. If Resident Agent is not a corporation, give a person's name.) PB-2 v oq STATE OF TEXAS § COUNTY OF DENTON § PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That H.C.I. General Contractors, Inc.✓ , whose address is 703 McKinney Suite 308 Dallas, TX 75202, hereinafter called Principal, and r rl! C nSo~ uJ ~Jti _Sc.PC~ c`C~''a/\ r ,g,~o„~~ 7 a corporation organized and existing under the laws of the State of `GNa fG , 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, m e penal sum of One Million One Hundred Eighty Four Thousand Three Hundred and 0/1009)OLLARS $1 184 30 n 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- 012 -w"i"th the City of Denton, the Owner, dated the 6th day of Janu A.D. 2009;-"for RFSP 4206- Denton Senior Center Renovations and Addition. 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. , 7 NJ PB-3 This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, as amended, and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Denton County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such surety, as provided by Article 7.19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas. IN WITNESS WHEREOF, this instrument is executed in four copies, each one of which shall be deemed an original, this the _4~ day ATTEST: BY: SECRETARY BY: PRINCIPAL BY: PRESIDE-NY SURETY ✓ r ; c BY: _ Y-IN-F CT JEFFERY L TRENTHAM The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is: NAME: L STREET ADDRESS: eCZS~ 41 7sc 77 (NOTE: Date of Payment Bond must be date of Contract. If Resident Agent is not a corporation, give a person's name.) PB-4 WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY TRAVELERS Farmington Casualty Company St. Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company Attorney-In Fact No. 220679 Certificate No. 0 0 2 7 3 5 2 21 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company. Travelers Casualty and Surety Company, and~ravelercre s Casu~ln and Surety C nmoanv of Americe corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters. Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies'), and that the Companies do hereby make, con titute and appoint Linda Spratt, Jeffery L. Trentham, Keith Montgomery, Steve Rose, and Michelle Tweddle of the City of Dallas State of Texas their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances. conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted>in any,actions or-proceedings allowed by law. v IN WITNESS WHEREOF, the Companies have caused this ins t~>tlbe signed ndttheir)corporate seals to be hereto affixed, this 10th day of December 2008 ~y~~~~a ~~,tC Farmington Casualty Company' St. Paul Guardian Insurance Company \ y Insurance Company Fidelity and Guaranty Insurance Company, St. Paul Mercury Fidelity and Guaranty Insurance Underwri ers, Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company C_noson(~,FE ~ 5t7~rTy F\FE 6 FAN IMSG p~ 1NSVq J~~lv ~y~ ®Rwle .92 7 S.4 _ :,i . f A!N State of Connecticut City of Hartford ss. By: Georg Thompson, tor 'ice President On this the 10th day of December 2008, before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company. Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company. St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company. and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. p,TlT In Witness Whereof, 1 hereunto set my hand and official seal. ~ My Commission expires the 30th day of June, 2011. p~~~ps L/ `('n c~vw~► C . Marie C. Tetreault. Notary Public 58440-5-07 Printed in U.S.A. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company. Fidelity and Guaranty Insurance Company. Fidelity and Guaranty Insurance Underwriters. Inc.. Seaboard Surety Company. St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company. Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her: and it is FURTHER RESOLVED, that the Chairman, the President. any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary: and it is FURTHER RESOLVED. that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary: or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority: and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President. any Vice President. any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents. Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kori M. Johanson. the undersigned. Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company. Fidelity and Guaranty Insurance Underwriters. Inc., Seaboard Surety Company. St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company. St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company-of,Amenca,\and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power-of Attorney-executed by satd'Comparties. which is in full force and effect and has not been revoked.i l ~y\~ A 1Y IN TESTIMONY WHEREOF. I have hereunto set my hand and affixed theseals of'sid Compan es this day of ^o-7 20 U~ v v Kori M. Johans Assistant Secretary GI.SIIq~ ~~p~, SUAEIy t\0.E 6 T0.1~..~NfG Y 1NSUq J'~TY A,yO 1P ~f ON EASSAL To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.travelersbond.com. Please refer to the Attorney-In-Fact number, the above-named individuals and the details of the bond to which the power is attached. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER IMPORTANT NOTICE To obtain information or make a complaint You may call Travelers Casualty and Surety Company of America and its affiliates' toll- free telephone number for information or to make a complaint at 1-800.328.2189 You may contact the Texas Department of Insurance to obta in information on companies, coverages, rights or complaints at 1-800.252.3439 You may write the. Texas Department of Insurance: P. 0. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: httD:/lwww.tdi.state.tx.us E-mail: ConsumerProtecbon(a)tdi.state.tx.us RE--MWM-0R-C Dk M-BtSPtf~E~. Should you have a dispute concerning your premium or about a claim you should contact your Agent or Travelers first If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR BOND: This notice is for information only and does not be come a part or condition of the attached document and is given to comply with Texas legal and regulatory requirements. (PN-042-B) Ed. 10.16.07 CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Bidder's attention is directed to the insurance requirements below. It is highly recommended that bidders confer with their respective insurance carriers or brokers to determine in advance of Bid submission the availability of insurance certificates and endorsements as prescribed and provided herein. If an apparent low bidder fails to comply strictly with the insurance requirements, that bidder may be disqualified from award of the contract. Upon bid award, all insurance requirements shall become contractual obligations, which the successful bidder shall have a duty to maintain throughout the course of this contract. STANDARD PROVISIONS: Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted work has been completed and accepted by the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter. As soon as practicable after notification of bid award, Contractor shall file with the Purchasing Department satisfactory certificates of insurance, containing the bid number and title of the project. Contractor may, upon written request to the Purchasing Department, ask for clarification of any insurance requirements at any time; however, Contractors are strongly advised to make such requests prior to bid opening, since the insurance requirements may not be modified or waived after bid opening unless a written exception has been submitted with the bid. Contractor shall not commence any work or deliver any material until he or she receives notification that the contract has been accepted, approved, and signed by the City of Denton. All insurance policies proposed or obtained in satisfaction of these requirements shall comply with the following general specifications, and shall be maintained in compliance with these general specifications throughout the duration of the Contract, or longer, if so noted: • Each policy shall be issued by a company authorized to do business in the State of Texas with an A.M. Best Company rating of at least A. • Any deductibles or self-insured retentions shall be declared in the bid proposal. If requested by the City, the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, its officials, agents, employees and volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. • Liability policies shall be endorsed to provide the following: • Name as additional insured the City of Denton, its Officials, Agents, Employees and volunteers. CI-9 • That such insurance is primary to any other insurance available to the additional insured with respect to claims covered under the policy and that this insurance applies separately to each insured against whom claim is made or suit is brought. The inclusion of more than one insured shall not operate to increase the insurer's limit of liability. • Cancellation: The City requires 30 day written notice should any of the policies described on the certificate be cancelled or materially changed before the expiration date. • Should any of the required insurance be provided under a claims-made form, Contractor shall maintain such coverage continuously throughout the term of this contract and, without lapse, for a period of three years beyond the contract expiration, such that occurrences arising during the contract term which give rise to claims made after expiration of the contract shall be covered. • Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit providing for claims investigation or legal defense costs to be included in the general annual aggregate limit, the Contractor shall either double the occurrence limits or obtain Owners and Contractors Protective Liability Insurance. • Should any required insurance lapse during the contract term, requests for payments originating after such lapse shall not be processed until the City receives satisfactory evidence of reinstated coverage as required by this contract, effective as of the lapse date. If insurance is not reinstated, City may, at its sole option, terminate this agreement effective on the date of the lapse. CI - 10 SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: All insurance policies proposed or obtained in satisfaction of this Contract shall additionally comply with the following marked specifications, and shall be maintained in compliance with these additional specifications throughout the duration of the Contract, or longer, if so noted. [X ] A. General Liability Insurance: General Liability insurance with combined single limits of not less than $1,000,000.00shall 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 $500,000.00 either in a single policy or in a combination of basic and umbrella or excess policies. The policy will include bodily injury and property damage liability arising out of the operation, maintenance and use of all automobiles and mobile equipment used in conjunction with this contract. Satisfaction of the above requirement shall be in the form of a policy endorsement for: any auto, or all owned, hired and non-owned autos. CI - 11 [X] Workers Compensation Insurance Contractor shall purchase and maintain Worker's Compensation insurance which, in addition to meeting the minimum statutory requirements for issuance of such insurance, has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 policy limit for occupational disease. The City need not be named as an "Additional Insured" but the insurer shall agree to waive all rights of subrogation against the City, its officials, agents, employees and volunteers for any work performed for the City by the Named Insured. For building or construction projects, the Contractor shall comply with the provisions of Attachment 1 in accordance with §406.096 of the Texas Labor Code and rule 28TAC 110.110 of the Texas Worker's Compensation Commission (TWCC). [ ] Owner's and Contractor's Protective Liability Insurance The Contractor shall obtain, pay for and maintain at all times during the prosecution of the work under this contract, an Owner's and Contractor's Protective Liability insurance policy naming the City as insured for property damage and bodily injury which may arise in the prosecution of the work or Contractor's operations under this contract. Coverage shall be on an "occurrence" basis, and the policy shall be issued by the same insurance company that carries the Contractor's liability insurance. Policy limits will be at least combined bodily injury and property damage per occurrence with a aggregate. [ ] Fire Damage Legal Liability Insurance Coverage is required if Broad form General Liability is not provided or is unavailable to the contractor or if a contractor leases or rents a portion of a City building. Limits of not less than each occurrence are required. [ ] Professional Liability Insurance Professional liability insurance with limits not less than per claim with respect to negligent acts, errors or omissions in connection with professional services is required under this Agreement. [ ] Builders' Risk Insurance Builders' Risk Insurance, on an All-Risk form for 100% of the completed value shall be provided. Such policy shall include as "Named Insured" the City of Denton and all subcontractors as their interests may appear. CI - 12 [ ] Commercial Crime Provides coverage for the theft or disappearance of cash or checks, robbery inside/outside the premises, burglary of the premises, and employee fidelity. The employee fidelity portion of this coverage should be written on a "blanket" basis to cover all employees, including new hires. This type insurance should be required if the contractor has access to City funds. Limits of not less than each occurrence are required. [ ] Additional Insurance Other insurance may be required on an individual basis for extra hazardous contracts and specific service agreements. If such additional insurance is required for a specific contract, that requirement will be described in the "Specific Conditions" of the contract specifications. Cl - 13 ATTACHMENT 1 [X] Worker's Compensation Coverage for Building or Construction Projects for Governmental Entities A. Definitions: Certificate of coverage ("certificate")-A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC- 81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in §406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any overage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the Contractor providing services on the project, for the duration of the 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 1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and 2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 1. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: 1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; 2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; 3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 4) obtain from each other person with whom it contracts, and provide to the contractor: a) certificate of coverage, prior to the other person beginning work on the project; and b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; CI - 15 5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; 6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and 7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self- insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. 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 . Paul Williamson (Brother in law) 940-349-8921 Works for the City of Denton Engineering Dept. 2 ❑ Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) ffName 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 N Y es o 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? E-] 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 Y es No D. Describe each affiliation or business relationship. 4 .4,,AJ1,f J,14 I 9~ Signature of person doing business with the governmental entity Date CIQ - I Adopted 06292007 SECTION 00400 - COMPETITIVE SEALED PROPOSAL FORM PROJECT: CITY OF DENTON SENIOR CENTER CONTRACTOR: H.C.I. General Contractors, Inc. The undersigned proposer does hereby declare and stipulate that this proposal is made in good faith, without collusion or connection with any other person or persons proposing for the same work, -and that it is made in pursuance of and subject to all the terms and conditions of the advertisements, proposal requirements; -the proposed construction contract, and the contract documents, including the plans pertaining to the work to be done, all of which have been examined by the undersigned. The undersigned hereby declares that he has visited the site, has had sufficient time to make all tests and investigations to arrive at an intelligent estimate of the cost of doing the work, and has carefully examined the plans, specifications, and contract documents relating to the work covered by his proposal, and that he agrees to do. the work, and that no representation made by the city are in any sense a warranty, but are mere estimates for guidance of the contractor: The undersigned further agrees that he will provide all necessary tools and apparatus, do all work, furnish all materials, and do everything. required to carry out the work covered by this .proposal, in strict accordance with the contract documents, and the requirements pertaining thereto, for the sum of sums :set forth. TIME AND PLACE OF RECEIVING PROPOSALS: Seated-proposals in conformity with the Proposal Procedures for the project will be received in the City of Denton Purchasing Department located at'901-B Texas Street, Denton, Texas 76209 unti12:00 P:AL on TUESDAY, NOVEMBER 25, 2008. A non-mandatory Pre-Proposal Conference-will occur at 10:.00 AM on November 11, 20.08 at the Denton Senior Center, 509N. Bell Ave., Denton, Texas 76209 (940)_349-8720. PROJECT DESCRIPTION: Renovation and expansion of the existing Denton Senior-Center and associated: sitework as shown in the contract documents. LOCATION OF PROJECT: City of Denton Senior Center 509 N. Bell Ave. Denton, Texas 76209 DENTON SENIOR CENTER - 100% CD 00400 - 1 OCTOBER 23; 2008 27169.00 COMPETITIVE SEALED PROPOSAL FORM BONDS: Within ten days, the contractor will deliver the Contract and Performance and Payment Bonds as required in the specifications. The name and address of the corporate surety with which the proposer proposes to fii nish the specific Performance and Payment bond is as :follows: Full Surety Company Name: Travelers Casualty and Surety Company of America Address: One Tower square 3PB, Hartford CT 06183 Name of Representative:. Compass Insurance - Jeff_ Trentham Telephone:. 972-231-3600 Fax: 972 -231-3306 TEME OF COMPLETION: The issuance of a Notice to Proceed (NTP) requires the undersigned to commence work under this contract not later than tea (10) days thereafter and to complete such. work within the overall time and construction phases described in Specification Section 00100 Summary. The anticipated NTP is approximately January 9, 2008. Proposer shall indicate if they accept the specified construction duration. or may show below a. shorter duration period: Two Hundred and Ninety (290) Calendar Da LIQUIDATED DAMAGES: The time of dOmPletion is-the essence of this contract. For each calendar day that any work shall remain uncompleted after the time specified in the proposal and the contractor the increased time granted by the owner, or as equitably increased by additional work or materials ordered after the contract is signed, the sum of $500 per calendar day, unless otherwise specified in the special provisions;. shall be deducted from the monies due the Contractor. The. sum of money thus deducted for suchdelay, failure-or nonc:ompletion is not to be considered as a penalty, but shall be deemed, taken and treated as reasonable liquidated damages, per calendar day that the Contractor shall be in. default after the time stipulated in the contract for completing the. work. The said amounts are fixed and agreed upon by and between Owner and Contractor because of the impracticability - and extreme difficulty of fixing and ascertaining the actual damages the Owner in such event would sustain; and said amounts are agreed to be the amount of damages which the Owner would sustain and which shall be retained from the monies due, or that may become due, the Contractor under this contract;and if said monies: be insufficient to cover the amount owing, then the Contractor or his surety shall pay any additional amounts due. LUMP SUM PROPOSAL: This is a lump sum proposal. The prices in the lump sum proposal .shall include all labor, equipment, materials, services, transportation, shoring, removal, de- watering, overhead, profit, insurance, bonding, etc.; to cover the completed work in place. DENTON SENIOR CENTER - 100%o CD 00400 - 2 OCTOBER 23, 2008 27169.00 COMPETITIVE SEALED PROPOSAL FORM CONSTRUCTION ALLOWANCE: The construction allowance item shall only be used at the discretion of the owner. It is intended to provide a means of payment for specific unanticipated or unforeseen work items for which no pay item is provided. Generally, these items will be minor in nature, are within the scope of the project, and comply with the intent of the plans. and contract documents, however no specific pay item exists as a means of compensation to the contractor. No .portion of the construction .allowance shall be paid to the contractor nor shall any extra work be performed by the contractor without authorization from the owner. The owner shall retain all construction allowance monies not used by the owner during the construction of the project. BASE PROPOSAL Base Proposal for the Stipulated Lump Sum of $ D D Owner's Contingency Allowance ADD $ 50 000.00 Base Proposal + Owner's Contingency Allowance $ One Million Dollars PROPOSAL ALTERNATES For your consideration, we. quote the following Proposal Alternates: Alternate No. i Resurface existing asphalt parking lot as shown ADDS on sheet 1/C1.1 (FULL 6") 45,000.00 Alternate No. -2: Altemate.No., 3: Alternate No. 4: Alternate No. 5. All painting and other work shown in Phase/ 4. ADD $ Reference sheet A0.1. 23,400.00 Re-tile the existing Restrooms 116 and 117 as ADD $ 11, 500 00 shown on sheet 1/A4.5. Provide a new public.addi=ess system: throughout ADD $ o;7 DDD, Db the building. Exhaust system in Wood Shop as shown on ADDS p D the MEP drawings Alternate No. 6: Electrical and pneumatic pull-down cords in ADD $ (p O Wood Shop as shown on the MEP drawings. DENTON SENIOR CENTER - 1000/, CD 00400 - 3 OCTOBER 23, 2008 27169.00 COMPETITIVE SEALED PROPOSAL FORM UNIT PRICES: It is fitter agreed that the quantities of work to be done and materials to be furnished as described below may increased .or decreased as necessary due to existing site conditions and. that all quantities of work, whether increased or decreased, shall be performed at the unit prices set forth below. All labor, materials and equipment required to construct this portion of the project shall be included in the unit prices. A. '18" Diameter Piers ADD DEDUCT $ 31.00 /1. Xt. . LM 'B. 1.8" .Diameter Pier Casings $ 33.00 /Lin.Ft. C. Parking Lot Asphalt $ 5.00 /Sq, Ft. Resurfacing $ 10.00 /Lin.Ft. $ N/A Ain Ft.. $ 4.00 /Sq. Ft. ADDENDA: The undersigned hereby acknowledges receipt of the following addenda to the Drawings and Specifications, all of the provisions and requirements of which.addenda have been taken into consideration in the preparation of this Proposal. Addendum No. 1 Dated 11-11-08 Addendum No. . 2 .Dated 11-19-08 Addendum No. Dated PROPOSAL QUESTIONAIRE: The undersigned shall submit with. this Proposal Form. and completed Proposal Questionnaire. DENTON SENIOR CENTER. - 100% CD 00400 - 4 OCTOBER 23, 2008 27169.00 COMPETITIVE SEALED PROPOSAL FORM Respectfully Submitted, H.C.I. General Contractors, Inc. Legal Name of Proposer Firm or Corporation 703 McKinney, SUite 308 Street Address Dallas, Texas 75202 City, State Zip 214-871 -9746 Telephone 214-871 -9749 Fax hcigeneral@sbcglobal.net E-Mail WITNESS: Andra Morphew N Witn (Panted or Typed)' Signature 703 McKinney Suite 308 Address Dallas. Texas 75202 Affix Seal of Corporation (if Proposer is a Corporation) Texas State of Incorporation 75-226 174 Tax ID Number OR Social Security, Number Nam of YedorPrinted) Signature of Officer President Title of Officer 11-25-08 Date City, State Zip 11 -2 5 -0 8 Date NOTE: Fill in with ink or type and submit complete with attached papers. END OF SECTION 00400 DENTON SENIOR CENTER - 100% CD OCTOBER 23; 2008 27169,00 00400-5 COMPETITIVE SEALED PROPOSAL FORM Client: 1528 HCIGENE AWRU. CERTIFICATE OF LIABILITY INSURANCE 0113, 09 ' PRODUCER Ward & Moore Ins. Services LP Three Forest Plaza THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 12221 Merit Dr., Suite 1010 Dallas, TX 75251 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURERA- Central Insurance Companies H.C.I. General Contractors, Inc. INSURER B: Texas Mutual Insurance Company 703 McKinney, Suite 308, LB 112 10 INSURER C: Dallas, TX 75202 1 INSURER D: JJJ INSURER 1= 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. LTR NSR TYPE OF INSURAN POLICY NUMB POLICY EFFECTIVE DATE (MMIDDfM POLICY EXPIRATION DATE M/DD LIMITS A GENERAL LJABIUTY CLP7964261 05110108 05110109 EACH OCCURRENCE S1000000 X COMMERCIAL GENERAL LIABILITY D PRE ISES(Eaoccurremce) AMAGE TO RENTED S300,000 1 CLAIMS MADE 5~ OCCUR. MED EXP (Any one person) s5,000 X PD Ded:500 PERSONAL B ADV INJURY $1,000,000 GENERAL AGGREGATE S2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER. PRODUCTS - COMP/OP AGG s2,000,000 POLICY PC-CT LOC A AUTOMOBILE uAB BAP7964260 05110108 OS170/09 COMBINED SINGLE LIMIT i 51 000 000 X ANY AUTO dent) (Ea acc , , ALL OWNED AUTOS BODILY FURY SCHEDULED AUTOS (Per person) $ X HIRED AUTOS BODILY INJURY X NON-OWNED AUTOS (Per accident) S PROPERTY DAMAGE (Per accident) S GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC S AUTO ONLY: AGG S A EXCESSfUMBRELLA LIABILITY CXS7964262 05/10/08 05110109 EACH OCCURRENCE S4,000,000 X OCCUR CLAIMS MADE AGGREGATE S4,000,000 S DEDUCTIBLE 5 RETENTION S $ B WORKERS COMPENSATION AND TSF0001116571 ✓ 05110108 05110109--'- X vvc STATU- OTH- EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $1,000,000 ANY PROPRIETORIPARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? E.L. DISEASE • EA EMPLOYE $1,000,000 If yes SPECIAL describe under PROVISIONS beihw E.L. DISEASE-POLICY LIMIT 51,000,000 OTHER DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Re: RFSP#4206 Denton Senior Center Renovations and Addition ✓ Ci of Denton, it Officials, Agents, Employees and Volunteers are named as Additional insured on a erimary_ basis_otI General & Auto Liability coverage with r of Subrogation on General Liability, Auto Liability (See Attached Descriptions) City of Denton 9016 Texas Street Denton, TX 76209 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL In ~'~AYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER FLAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY IUND UPON THE INSURER, ITS AGENTS OR AGORD 25 (2001108) 1 of 3 #M31346 TPG O AGURU GURPURATION 195$ IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25S (2001108) 2 of 3 #M31346 DESCRIPTIONS (Continued from Page 1) and Workers Compensation coverage if required by written contract 30 Day Notice of Cancellation except 10 days for nonpayment of premium AM5 25.3 (2001108) 3 of 3 #M31346 c N v L a` ( C y L 00 Ln v IJ~ ~ E ! o n o c e V y f 'z i W U. 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