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2008-155
ORDINANCE NO. Z~~g ~J h AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE RENOVATION OF THE CITY OF DENTON SOUTH BRANCH LIBRARY; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 4060-AWARDED TO THE LOWEST RESPONSIBLE BIDDER MEETING SPECIFICATION, J.C. COMMERCIAL, INC. IN THE AMOUNT OF $1,792,777). 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 4060 J.C. Commercial, Inc. $1,792,777 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 /Oday of ,2008. ATTEST: JENNIFER WALTERS, CITY SECRETARY BY:V( GZ% A~Z' L/ APPROVED AS TO LEGAL FORM: JOHN M. KNIGHT, INTERIM CITY ATTORNEY BY: ~-Bid 4060 3-OF CONTRACT AGREEMENT STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT, made and entered into this 15th day of July A.D., 2008, 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 J.C. Commercial Inc. 1865 McGee Lane Suite 0 Lewisville. Texas 75077 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 #4060 - South Branch Library Addition & Renovation In the amount of $ 1,792,777.00 and all extra work in connection therewith, under the terms as stated in the General Conditions of the agreement; and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the work specified above, in accordance with the conditions and prices stated in the Proposal and the Performance and Payment Bonds, attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), and Instructions to Bidders, as referenced herein and on file in the office of the Purchasing Agent, and in accordance with the plans, which includes all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by: City of Denton Staff all of which are referenced herein and made a part hereof and collectively evidence and constitute the entire contract. SAprch\Contracts Documents\4060 South Branch Library Contract Bonds & Insurance. doc 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. S:\prch\Contracts Documents\4060 South Branch Library Contract Bonds & Insurance.doc 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. SAprch\Contracts Documents\4060 South Branch Library Contract Bonds & Insurance. doc IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. ATTEST: ATTEST: 5H#Nx1D1-1 (~APez-z&7 O BY: LIN TRA&tOR 1865 McGee Land, Suite O Lewisville, TX 75077 MAILING ADDRESS 972-436-4622 PHONE NUMBER 972-436-4822 FAX NUMBER BY: President TITLE APPROVED AS TO FORM: Larry Wagnor JOHN KNIGHT INTERIM CITY ATTORNEY PRINTED NAME (SEAL) S:\prch\Contracts Documents\4060 South Branch Library Contract Bonds & Insurance. doc Bond No. 105133616 PERFORMANCE BOND STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That J.C. Commerical, Inc.,,,", whose address is 1865 McGee Lane Suite 0 Lewisville Texas 75077 , hereinafter called Principal, and , a corporation organized and existing under the laws of the State of CT 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 Seven Hundred Ninety-Two Thousand Seven Hundred Seventy Seven and NO/] 00V-" DOLLARS ($1,792,777.0"us 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 >umber 2008-155 with the City of Denton, the Owner, dated the 15th day of July A.D.2008, copy of which is hereto attached and made a part hereof, for Bid #4060 - South Branch Library Addition & Renovation ✓ 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 fill force and effect. Travelers Casualty and Surety Company of America V S:\prch\Contracts Documents\4060 South Branch Library Contract Bonds & Insurance Corrected Bonds.doc 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 terns 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 exeCL shall be deemed an original, this the 4th day of Augus ATTEST: J. C BY: S CRETARY BY: in four copies, each one of which 2008 PRE Inc,. ATTEST: SURETY Travelers Casualty and Surety Company of America / r ~ n p n BY: BY: ATTORNEY-IN-FACT Christine Davis The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is: NAME: Don E. Cornell - Aon Risk Services Southwest, Inc. STREET ADDRESS: 2711 N. Haskell Avenue, suite 800, Dallas, TX 75204 (NOTE: Date of Performance Bond must be date of Contract. If Resident Agent is not a corporation, give a person's name.) S \prch\Contracts Documents\4060 South Branch Library Contract Bonds & Insurance Corrected Bonds.doc Bond No. 105133616 PAYMENT BOND STATE OF TEXAS COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS: That J.C. Commercial, Inc. , whose address is 1865 McGee Lane Suite 0, Lewisville, Texas 75077 , hereinafter called Principal, and Travelers Casualty and Surety Company of America , a corporation organized and existing under the laws of the State of CT , 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 O Re Million Seven Hundred Ninet -Two Thousand Seven Hundred Seventy Seven and NO/100 OLLARS ($1,792,777.0 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 Npmber 2008-155 with the City of Denton, the Owner, dated the 15th day of July A.D. 2008, copy of which is hereto attached and made a part hereof, for Bid #4060 - South Branch Library Addition & Renovation 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. S \prch\Comracts Documents\4060 South Branch Library Contract Bonds & Insurance Corrected Bonds.doc 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 ' four copies, each one of which shall be deemed an original, this the 4th day of Augus , Zoos ATTEST: _ BY SECRETARY ATTEST: BY: C~ PRINCI AL J.$. C rcialA, Inc. BY: SURETY BY: ' ATTORNE -IN-FACT Christine Davis Travelers Casualty and Sure ty~ompany of America / The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is: NAME: Don E. Cornell - Aon Risk Services Southwest, Inc. STREET ADDRESS: 2711 N. Haskell Avenue, Suite 800, Dallas, TX 75204 (NOTE: Date of Payment Bond must be date of Contract. If Resident Agent is not a corporation, give a person's name.) S:\prch\Contracts Docltnlents\4060 South Branch Library Contract Bonds R Insurance Corrected Bondsdoc v\ `tit/ 9j ING: IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY TRAVELERS J~ Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Seaboard Surety Company St. Paul Fire and Marine Insurance Company Attorney-In Fact No. 218907 St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Certificate No. 0 0 2 315 4 7 6 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 Travelers Casualty and Surety Company of America are 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, constitute and appoint Don E. Comell, Jerry P. Rose, Robbi Morales, Lisa M. Bonnot, Luke J. Nolan Jr., Christine Davis, na Ricardo J. Reyna of the City of Dallas , State of Texas , their true and lawful Attorney(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 busooess of,guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or perailtted in any lklons orproceedings allowed by law. IN WITNESS WHEREOF, the Comwonn0s have caused this instruntem to be signed and their corporate seals to be hereto affixed, this day of July 2 Farmington Casualty Company Fidelity and Guarant} Insurance' Company Fidelity and Guaranty Insutautce Underwriters, Inc. Seaboard Surety Company St. Paul Fire and Marine Insurance Company 19th St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company G~SUA St~ttEf yFl0.E 6 pj.1NSl:. m s e ' e cz , C~y ~r y 1 ~OFNt^N ~FNC\ M .(p ~e State of Conne cticut City of Hartford ss. By: Georg Thompson, enior ice President On this the 19th day of July 2007 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 th in contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. uogt), My Commission expires the 30th day of June, 2011. 58440-5-07 Printed in U.S.A. OF BORDER 9- ,i~lo Marie C. Tetreault, Notary Public 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 Attomeys-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 Attomeys-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 wnpany of Americ rd United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power ¢f Attumey~, exea~uted by,sar . ompanies, which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said C©mph,i;ties 'this day of NA t 20 Kori M. Johans Assistant Secretary V F\PE 6 `•N!N,pG j \MS4q J'\,tY ti Orr 9 JP .........:q,` • 4' ARO~O8IMIO _OPP~RA>\dt W' RA,I. ~'p ""!~NMrfdD.~ Im feeARIR f c• 1gR1FORD. c ~r ~:SEALio" ~~~}R ~~`f.ANCE `O S•~ N ar p,..~..'A~~'♦SH1LL%.r° iii ~ 'M+Ir • v2^ ~ ~q~ (0C)80*0_1.169eG 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 Attomey-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 obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance: P. O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: httl2://www.tdi.state.tx.us E-mail: Cons umerProtectionatdi.state.tx.us PREMIUM OR CLAIM DISPUTES: 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 become a part or condition of the attached document and is given to comply with Texas legal and regulatory requirements. (PN-042-B) Ed. 10.18.07 POWER OF ATTORNEY IS I .da► 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. 218907 Certificate No. 0 0 2 315 4 6 8 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 Travelers Casualty and Surety Company of America are 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, constitute and appoint Don E. Cornell, Jerry P. Rose, Robbi Morales, Lisa M. Bonnot, Luke J. Nolan Jr., Christine Davis, and Ricardo J. Reyna of the City of Dallas , State of Texas , their true and lawful Attorney(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 peruutted`in any-a'Mons or proceedings allowed by law. IN WITNE IS WHEREOF, the Compo ices have caused this instrument to be signed and their corporate seals to be hereto affixed, this day of y Z Farmington Casualty Co pity Fidelity and Guaranty `I0srance Company Fidelity and Guaranty Insul e- Underwriters, Inc. Seaboard Surety Company St. Paul Fire and Marine Insurance Company 19th St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company ,,SU ~r~f F{RE 1 SY A G q~t Y J 4~ ~~Tµ.. .NSG9 JpY•{NSUg ORqq ~JP~ p0d ,CNKWIflyr ~Or A ~ * a~ °T ~~tORVOR ~y~ ° r oT `s ~ ID ~+t! S I~ O Alf'; v ~IP f; • sy~c~~aa ~ 1951 maw ~ o. ~~.,SE ALf~o"1 eSBJLL;'s ~~Oe° ~ ~R '"F fpm a a ~ ~ l~ oFtBN VAANCE` '1s.-Agvs tr• r" st w`' ~AIN State of Connecticut City of Hartford ss. By: Georg Thompson, enior ice President On this the 19th day of July 2007 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. In Witness Whereof, I hereunto set my hand and official seal. 9090m My Commission expires the 30th day of June, 2011.`(`(\ V;-k a . 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 Attomeys-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 Companv. St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and SuretyCompany-uf AnterimAnd United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attomey,ext:Nted hy~ said' 06mpanies, which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the se9ls of said Companies this 15th day of July .20 08 Kori M. Johan Assistant Secretary r pR6U,~~♦j sua<ry 'yFlRE 64' ~~,N!NS~ a{1NSUq' J'F,FV A/FO+ ~Ir~ "'v h i ~ l1 2 ISO R>ONA>f W ►Oq.~l' P, a t~~ e ~ 1977 ~ ~ 1927 ~ ~ t : € `O ~ f ~ wFmroAO, wvtman~ t '°y°'°n~ . C 18 ~t n ~i 'o l OOML~ aBB yb s S1 a~ # ti o. ~`•SEAL~o ~~581lLLir cortt~. ~ s ~ ~y • ~ x `~A~I~W~ '~~RnNCEO o~ f....~ s~ r 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 Attomey-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 obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance: P. O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: http://www.tdi.state.tx.us E-mail: ConsumerProtectionaa.tdi.state.tx.us PREMIUM OR CLAIM DISPUTES: 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 become a part or condition of the attached document and is given to comply with Texas legal and regulatory requirements. (PN-042-B) Ed. 10.18.07 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: 0 Name as additional insured the City of Denton, its Officials, Agents, Employees and volunteers. That such insurance is primary to any other insurance available to the additional insured with respect to claims covered under the policy and that this S:\prch\Contracts Documents\4060 South Branch Library Contract Bonds & Insurance.doc 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: 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. SAprch\Contracts Documents\4060 South Branch Library Contract Bonds & Insurance.doc 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 note& [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 Properly Damage Liability for premises, operations, products and completed operations, independent contractors and property damage resulting from explosion, collapse or underground (XCII) 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. SAprch\Contracts Documents\4060 South Branch Library Contract Bonds & Insurance.doc [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. [ ] 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. S:\prch\Contracts Documents\4060 South Branch Library Contract Bonds & Insurance.doc [ ] 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. S:\prch\Contracts Documents\4060 South Branch Library Contract Bonds & Insurance. doc 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: 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 S:\prch\Contracts Documents\4060 South Branch Library Contract Bonds & Insurance.doc 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. I. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: 1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; 2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; 3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 4) obtain from each other person with whom it contracts, and provide to the contractor: a) 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; 5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; S:\prch\Contracts Documents\4060 South Branch Library Contract Bonds & Insurance. doc BID No. 4060 PROPOSAL TO THE CITY OF DENTON, TEXAS FOR THE CONSTRUCTION OF IN DENTONs T=M The undersigned, as bidder, declares that the onl proposal as y person or parties interested in this p :pals are those named herein, that this proposal is made without collusion with my other petaon, firm. or corpmtiorg that he has careful contract; Notice to Bidders, specifications and the form of examined the locations, conditiplans therein referred to, and has careRall that he will o~' and classes ofineterials of the Y Proposed work and agrees provide all the necessary labor, m achinery tools, , and k and 'rnish allapparatus incidental to consfn~ion, and will do all the wor t materials ~ed items the contract and specifications in the for in mgairem~ of the City as therein set forth Prescribed herein and according to the It is understood that the following quantities of work to be done at unit prices am Vote only, and am intended principally to serve as a guide in evaluating bids. It is agreed that the quantities of work to be done at tout maybe increased or prices and material to be fiimished to cornplete thew ~ as may be considered necessary, in the opinion of the City, Y planned and contemplated, and that all quantities of work whether increased or decreased are to be performed at the unit as provided for in the specifications. The contractor shall provide the numeric unit price and the unit price in words for each quantity. Unit price in words governs over the numeric price given. It is further agreed that lump sum prices may be increased to cover additional work ordered by the City, but not shown on the plans or required by the specifications, in accordance with the provisions to the (3eneral Conditions. Similarly, they may be decreased to cover deletion of work so ordered. It is understood and agreed that the work is to be completed in full within the number of workdays shown on the bid tabulation sheet. PAGE P - 1 OF BID #4060 Accompanying this proposal is a certified or cashier's check or Bid Bond, payable to the Owner, in the amount of five percent of the total bid. It is understood that the bid security accompanying this proposal shall be returned to the bidder, unless in case of the acceptance of the proposal, the bidder shall fail to execute a contract and file a performance bond and a payment bond within fifteen days after its acceptance, in which case the bid security shall become the property of the Owner, and shall be considered as a payment for damages due to delay and other inconveniences suffered by the Owner on account of such failure of the bidder. Owner reserves the right to reject any and all bids. Owner may investigate the prior performance of bidder on other contracts, either public or private, in evaluating bid proposals. Should bidder alter, change, or qualify any specification of the bid, Owner may automatically disqualify bidder. The undersigned hereby proposes and agrees to perform all work of whatever nature required, in strict accordance with the plans and specifications, for the following sum or prices, to wit: PACE P - 2 OF BID !#4060 BID SUMMARY TOTAL. PRICE IN WORDS: In the event of the award of a contract to the undersigned, the undorsigae:d will fhmish a performance bond and a payment bond for the fbU amount of the contract, to secure proper compliance with the twma and provisions of the contract; to insure and guarantee the work until final completion and acceptance, laborperfomned and materials furnished the ~1 of the co t aeaU lawful claims for It is uncle ntood that the work proposed to be done shall be accepted, and finished in accordance with the plans and when fully completed Lngubeer specifications, to the. satisfaction of the The undersigned certifies that the bid prices contained in this proposal have been carefully checked and are submitted as canrect and final. Unit mid od1umP sum prices as shown for each item listed in this proposal, shall control over axtausi 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, 13 USCA Section 1 at sea., and which arise under the antitrust laws of the State of Texas, Tex. Bus. & Com. Code, Section 15.01, "Be . The undersi ed agrees to complete all the work ready for the Owner's accepc within calendar days after notice to proceed tivith the work as ' tan e, fully realizing that the contract will carry liquidated damages provision in the~amoOunt of One Hundred Dollars ($100.00) per day. PAGE P - 3 OF BID #4060 PROPOSED ALTERNATE AMOUNTS Reference Specification Section 01230 Alternates for complete description of alternate bid items. Proposer agrees to perform all of the work described in the specifications and shown on the drawings for each of the Alternate bid items for the indicated amounts: (indicate whether item is an Add or Deduct from base amount) Alternate No.1- Deductive Alternate Delete Detention Pond Amount: a 3, b-ID ) Alternate No. 2 - Deductive Alternate Provide Alternate Slab Configuration Alternate No. 3 - Deductive Alternative Eliminate Roof Monitors;/Clerestory Alternate No. 4 - Deductive Alternative Eliminate modificadons at Staff Entry Alternate No. S - Deductive Alternative Substitute EM system for block on the north and east facades Amount: ) Amount:($ D ) Amount: Amount: - ) Alternate No. 5A-Add Alternate rl , Provide an alternative price Identified as Amount: ALT 05a for an impact resistant reinforcing mesh as specified PAGE P - 4 OF BID #4060 Receipt is hereby acknowledged of the following addenda to the plans and specifications: Addendum No. 1 dated 05/28/08 Received 0 5 128/08 Addendum No. 2 dated 05/30/08 Received 05/30/08 Addendum No. 3 dated 06/03/08 Received 06/03/68 Addendum No. 4 dated 0 6 0 9 0 8 Received 6 Addendum No. 5 dated Received J.C. Co rcial, Inc. C By Larry Wagnor,(P esident _ 1865 McGee Lane, Suite O Street Address Lewisville, Texas 75077 City and State Seal & Authorization (If a Corporation) (972) 436-4622 Telephone PAGE P - 5 OF BID #4060 VENDOR COMPLIANCE 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, non-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 contract 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 oat-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, am required to be percent lower than resident bidders by state law. A copy of the statute is attached. Non-resident bidders in (give stateN 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: J.C. C ercial Inc. CO 11~~l U )\)j I I BY Larry Wagno resident 1865 McGee Lane, Suite O Street Address Lewisville, Texas 75077 City and State THIS FORM MUST BE RETURNED WITH YOUR BID. PAGE P - 6 OF BID 94060 SAFETY RECORD QUICSTIONNAIRE (Must Be Submitted With Bid Submittal) The City of Denton desires to avail itself of the benefits of Section 252.0435 of the Local Government Code, and consider the safety records of potential contractors prior to awarding bids on City contracts. Pursuant to Section 252.0435 of the Local Government Code, the City of Denton has adopted the following written definition and criteria for accurately determining the safety record of a bidder prior to awarding bids on City contracts. The definition and criteria for determining the safety record of a bidder for this consideration shall be: The City of Denton shall consider the safety record of the bidders in determining the responsibility thereof. The City may consider any incidence involving worker safety cc safety of the citizens of the City of Denton, be it related or caused by environmental, mechanical, operational, supervialon or any other cause or factor. Specifically, the Cititmay consider, among other ft W IL Complaints to, or final orders entered by, the Occupational Safety and Health Review Commission (OSHRC), against the bidder fur violations of OSHA regulations within the past three (3) years. b. Citations (as defined below) from an Bnvvironmental Protection Agency (as defined below) for violations within the past five (5) years. Environmental Protection Agencies include, but are not necesaan'ly limited to, the U.S. Army Corps of Engineers (USACOB), the U .S. Fish and WrIN& Service (USFWS), the Environmental Protection Agency (EPA), the Texas Commission on Environmental Quality (TCEQ), the Texas Natural Resource Conservation Commission (MCC) (predecessor to the TCEQ), the Texas Department of Health (TDH), the Texas Parka and Wildlifb Department (TPWD), the Structural Pest Control Board (SPCB), agencies of local governments responsible for enforcing environmental protectiom or worker safety related laws or regulations, and similar regulatory agencies of other states of the United States. Citations include notices of violation, notices of enforcement, suspensionfravocations of state or federal licenses or registrations, fines assessed, pending criminal complaints, indictments, or convictions, administrative orders, draft orders, final orders, and judicial final judgments. e. Convictions of a criminal offense within the past ten (10) years, which resulted in bodily harm or death. d. Any other safety related matter deemed by the City Council to be material in determining the responsibility of the bidder and his or her ability to perform the services or goods required by the bid documents in a safe environment, both for the workers and other employees of bidder and the citizens of the City of Denton. PAGE SQ - 1 OF BID #4060 La order to obtain proper information from bidders so that City of Denton may consider the safety recoutis of potential contractors prior to awarding bids on City contracts, City of Denton requires that oidders answer the following three (3) questions and submit them with their bids: OUESTION ONE 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 OSHA within the past three (3) years? YES_ NO ? If the bidder has indicated YES for question number one above, the bidder must provide to City of Denton, with its bid submission, the following information with respect to each such citation: Date of offense, location of establishment inspected,, cate ogr r of offense,_final disposition of offense, if ar y . and penalty assessed. C~UESTIO TWO Has the bidder, or the firm, corporation, partnership, or institution represented by the bidder, or anyone acting for such 8nn, corporation, partnership or institution, received citations for violations of environmental protection laws or regulations, of any ldnd or type, within the past five years? Citations include notice of violation, notice of enforcement, suspensiodrevocations of state or federal licenses, or registrations, fines assessed, pending criminal complaints, indictments, or convictions, administrative draft orders, final orders, and judicial final judgm=ts. YES_ NO--.L- If the bidder has indicated YES for question number two above, the bidder must provide to City of Denton, with its bid submission, the following information with respect to each such conviction: T?zte of offense or occurrence, location whom offense occurred, type of offense, final disposition of offense, if any, and penalty assessed. QUESTION THM I las 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 N0---1-- 1. . bidder has indicated YES for question number three above, the bidder must provide to City of i_ estion, 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. PACE SQ - 2 OF BID #4060 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 1 permission, and that any misrepresentations or omissions may cause my bid to be r? ecte 1 Signature Larry W President Title PAGE SQ - 3 OF BID #4060 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local governmental entity This questionnaire is being filed in accordance with chapter 178 of the Local Government Code by a person doing business with the governmental entity. OFFICE USE ONLY 00, RwWved By low this questionnaire must be flied with the records administrator of the local government not later then the 71h business day after the date the person becomes aware of facts that require the statement to be med. See Section 178.008. Local Government Code. A person commits an offense ft the person violates Section 178.008, Local Government Code. An offense under this section is a Class C misdemeanor. 1 Name qt parson doing business with local govenune h entity. J.C. Commercial, Inc. Larry Wagnor, President 2 Check this box It you are filing an update to a previously flied questionnaire. (The lave requires that you free an updsted completed queegormalre with the appropriate Mng authority not later than September 1 of the year for which an sdivity described in Section 178.0080Local Government Code. Is pending and not later than the 7th business day after On date the oriplnally filed questlonneke becomes Incomplete or Ina=rats.) 3 Describe each attilfetlon or business relationship with an employse or contractor of the local governmental entity who makes recommendations to s local government otfiosr of the local governmental entity with respect to expenditure of money. N/A 4 Describe each of iladon or business relationship with a person who Is a local government officer and who eppolrits or employs a local government officer of the local governmental entity that is the subject of this questionnaire. N/A PAGE CIQ - I OF BID #4060 Amended 01113r24 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local governmental entity Page Z Name of local government officer with whom filer has affiliation or business relationship. (Complete this section only k the Answer to A, 0, or C Is YES.) This sec lon. item 5 including subparts A, B. C 8 D, must be completed for each officer with whom the filer has affiliation or business relationship. Attach additional pages to this Form CIO as necessary. A. Is the local government ofttcer named In this section receMM or likely to receive taxable trxbme from the mar of the questionnaire? 0 Yes 0 No B. Is the mar of the questionnaire receiving or likely to receive taxable income from or at the direction of the local government officer named In this section AND the taxable Income is not from the local governmental entity? Yes 0 No C. Is the filer of this questionnaire affiliated with a corporation or other business entity that the local government officer serves as an officer or dam, or holds an ownership of 10 percent or more? El Yes 0 No D. Describe each affiliation or business relationship. N/A n Describe any other affiliation or business relationship that might cause a connict-of interest. N/A I 7~ 06/12/08 Signature of person doing bu4iness with the gokammental entity Date PAGE CIQ - 2 OF BID #4060 ACORD CERTIFICATE OF LIABILITY INSURANCE DATE 22,"" 008 PRODUCER ALLIANCE INS AGENCY 11300 N. CENTRAL EXPWY. SUITE 202 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE MOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. DALLAS TX (214) 361-9996 75243-6705 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: Inc ✓ Commercial J C D INSURER B: , . . Suite O 1865 McGee Ln INSURER C: , Lewisville TX 75077-1704 INSURER D: INSURER E: rnveoArnee THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR ANY REQUIREMENT , 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' POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMIT S A GENERAL LUIBIUTY CMP5645712 021✓ 02/12/2008 02/12/200 EACH OCCURRENCE $ 0 onn COMMERCIAL GENERAL LIABILITY DAMAGE RENTED , $ 100 00 7 CLAIMS MADE ® OCCUR MED EXP (Any one pwsw) , $ r. 000 , PERSONAL & ADV INJURY $1 on 000 Rlkt Primary AT GENERAL AGGREGATE , 1 ,000 $2 000 GEML AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP/OP AGG 1, 1 $ . 1 7 POLICY PRO LOC B AUT OMOBILE LIABIUTY✓ BAP5645992 02--_ 02/12/2008 02/12/2009 COMBINED SINGLE LIMIT 000- $1 000 ANY AUTO (Ea accident) , , ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per Penn) $ HIRED AUTOS BODILY INJURY X NON-OWNED AUTOS (Per acckWd) $ $500 Ded Comp PROPERTY DAMAGE (Per acddent) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO EA ACC $ OTHER THAN AUTO ONLY: AGG $ A EXCESSIUMBRELLALIABILITY UMB5649409 01✓ 02/12/2008 02/12/2009 EACHOCCURRENCE $ OCCUR X I FCLAIMS MADE AGGREGATE $ g; no +o , ; t DEDUCTIBLE $ R 1 X RETENTION $ C WORKERS COMPENSATION AND ✓ SBP-0001114487 2008 03/20/2008 03/20/2009 WC STATU- EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $1 000000 ANY PROPRIETOR/PARTNEWEXECUTIVE OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $ H describe under SIONS W, E.L. DISEASE - POLICY LIMIT D OTHER BMO 09 53091103 06/01/2008 06/01/2009 ax Value 5,000,000 A Risk -All o Builder's ' CMP5645712 02 02/12/2008 02/12/2009 Deductible 1,000 ater ater Equip F Flol Contractor s $1000 Ded/Limit Ins 50,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS PROJECT: SOUTH BRANCH LIBRARY ADDITION AND RENOVATION, DENTON, TEXAS - BID # 4060 ADDITIONAL INSURED IS INCLUDED ON ALL POLICIES EXCEPT WORKERS COMPENSATION IN FAVOR OF THE CITY OF DENTON, ITS OFFICIALS, AGENTS, EMPLOYEES AND VOLUNTEERS` COVERAGE IS BUMARY AS REGARDS CERTIFICATE HOLDER ON GENERAL LIABILITY. APPLIES IN FAVOR OF THE CITY OF DENTON, ITS OFFICIALS, AGENTS, EMPLOYEES AND VOLUNTEERS ON ALL POLICIES. 0 DAY NOTICE OF CANCELLATION EXCEPT FOR NON-PAYMENT OF PREMIUM, THEN ONLY 10 DAYS APPLY A.!__ M f%AWf =I 1 ATInId laT I p(-I< I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL -30--a 3° WRITTEN CITY OF DENTON ✓ NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL 901-B TEXAS STREET IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR DENTON TX 76209- REPRESENTATIVES. AUTHORIZED REPRESENTATIVE 'sue ACORD 26 (2001/08) Fax' ( ) - V AGVKU GVKf VKA I I%JN "I VOO POLICY NUMBER: CMP 5645712 02 COMMERCIAL GENERAL LIABILITY CG 20100704 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Locations Of Covered Operations * ANY CERTIFICATE HOLDER WHO IS REQUIRED BY 720 VALLEY RIDGE CIRCLE WRITTEN CONTRACT WITH THE NAMED SUITE 22 INSURED,TO BE ADDED AS AN ADDITIONAL LEWISVILLE, TX 75057 INSURED TO THE NAMED INSURED'S GENERAL LIABILITY COVERAGE. CERTIFICATES ARE ON FILE WITH YOUR AGENT. Information required to complete this Schedule if not shown above, will be shown in the Declarations.. A. Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. CG 20 10 07 04 @ ISO Properties, Inc., 2004 Page 1 of 1 ❑ POLICY NUMBER: CMP 5645712 02 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location And Description Of Completed Operations ANY CERTIFICATE HOLDER WHO IS REQUIRED BY WRITTEN CONTRACT WITH THE NAMED INSURED TO BE ADDED AS AN ADDITIONAL INSURED TO THE NAMED INSURED'S GENERAL LIABILITY COVERAGE. CERTIFICATES ARE ON FILE WITH YOUR AGENT Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property dam- age" caused, in whole or in part, by "your work" at the location designated and described in the sched- ule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". CG 20 37 07 04 ©ISO Properties, Inc., 2004 Page 1 of 1 ❑ Additional Insured - Primary Coverage This endorsement changes the policy. Please read it carefully. This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Form Schedule Name of Person or Organization: * ANY CERTIFICATE HOLDER WHO IS REQUIRED BY WRITTEN CONTRACT WITH THE NAMED INSURED TO BE ADDED AS AN ADDITIONAL INSURED TO THE NAMED INSURED'S GENERAL LIABILITY COVERAGE. CERTIFICATES ARE ON FILE WITH YOUR AGENT. Who is an Insured (Section II) is amended to Furthermore, the following is added to paragraph 4., include the person or organization shown in the Commercial General Liability Conditions (Section Schedule, but only with respect to such person's or IV): organization's vicarious liability for your negligent acts or omissions committed in the course of your 4. Other Insurance ongoing operations performed for such person or organization, and excluding any negligent acts or d. The insurance provided by this omissions of such person or organization. endorsement is primary for the person or organization shown in the Schedule. Other insurance afforded to such person or organization will apply as excess and not contribute as primary to the insurance afforded by this endorsement. Page CG R002 1003 t qt t POLICY NUMBER: cMP 5695712 02 COMMERCIAL GENERAL LIABILITY CG 02 05 12 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CHANGES - AMENDMENT OF CANCELLATION PROVISIONS OR COVERAGE CHANGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCT WITHDRAWAL COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART In the event of cancellation or material change that reduces or restricts the insurance afforded by this Coverage Part, we agree to mail prior written notice of cancellation or material change to: SCHEDULE 1. Name: * SEE BELOW 2. Address: 3. Number of days advance notice: 30 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. * ANY CERTIFICATE HOLDER WHO IS REQUIRED BY WRITTEN CONTRACT WITH THE NAMED INSURED TO BE ADDED AS AN ADDITIONAL INSURED TO THE NAMED INSUREDS GENERAL LIABILITY CERTIFICATES ARE ON FILE WITH YOUR AGENT. EXCEPT 10 DAYS IN THE EVENT OF CANCELLATION FOR NON PAYMENT OF PREMIUM CG 02 05 12 04 0 ISO Properties, Inc., 2003 Page 1 of 1 ❑ Republic Plus+ General Liability Commercial General Liability - Enhancement Endorsement This endorsement changes the policy. Please read it carefully. This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Form With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. 1. Medical Payments Subject to the terms of Section III - Limits of Insurance, the Medical Expense Limit is the higher of: a. $10,000; or b. The amount shown in the Declarations for Medical Expense Limit. Under Section I - Coverages, Coverage C - Medical Payments, paragraph 1.a. (3), subparagraph 2, is amended to read as follows 4. Non-Owned Watercraft Exclusion g. Of Section I - Coverages, Coverage A Bodily Injury and Property Damage does not apply to any watercraft under 51 feet long that is neither: a. Owned by you; nor b. Being used to carry persons or property for a charge. This additional insurance is excess over any other valid and collectible insurance available to the insured whether primary, excess, or contingent. (2) The expenses are incurred and reported to us within two years of the date of accident 2. Supplementary Payments Increased Limits Paragraph 1 of Section I - Coverages, Supplementary Payments - Coverages A and B is amended as follows: b. Up to $2,500 for the cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 3. Additional Insured by Contract, Agreement or Permit Section II - Who is an Insured, is amended to include as an insured any person or organization you are required by a written contract, agreement, or permit to name as an insured, but only with respect to "bodily injury" or "property damage" arising out of such person or organization's vicarious liability for your negligent acts or omissions committed in the course of your ongoing operations performed for such person or organization, and excluding any negligent acts or omissions of such person or organization. This insurance does not apply to such person or organization unless the contract, agreement or permit is made prior to when the "bodily injury" or "property damage" occurs. 5. Broad Notice.of Occurrence Paragraph 2.a. of Section IV - Commercial General Liability Conditions is deleted and replaced by the following: a. You must see to it that we are notified as soon as practicable of an "occurrence" or an offense which may result in a claim. Knowledge of an occurrence or an offense by your "employees" shall not, in itself, constitute knowledge to you unless your partners, "executive officers", directors, insurance manager or risk manager shall have actually received notice. To the extent possible, notice should include: (1) How, when and where the "occurrence" or offense took place; (2) The names and addresses of any insured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. The following is added to Paragraph 2. of Section IV - Commercial General Liability Conditions: e. If you fail to give us notice of an "occurrence", offense, claim or "suit", solely due to your reasonable and documented belief that the CG R029 0604 Contains Copyrighted Material with Permission, page 1 of 3 "bodily injury" or "property damage" is not covered under this policy, we will not deny coverage under this policy solely because of such failure. 6. Unintentional Failure to Disclose Hazards The following is added to Paragraph 6. of Section IV - Commercial General Liability Conditions: If you should unintentionally fail to disclose all existing hazards at the inception date of this policy, we will not deny coverage under this policy solely because of such failure 7. Additional Insured - Blanket Vendors Section II - Who is an Insured is amended to include as an insured any person or organization ("vendor") with whom you agreed under a written contract or written agreement to provide insurance, but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the "vendor's" business, subject to the following additional exclusions: a. The insurance afforded the "vendor" does not apply to: "Bodily injury" or "property damage" for which the "vendor" is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the "vendor" would have in the absence of the contract or agreement; 2. Any express warranty unauthorized by you; 3. Any physical or chemical change in the product made intentionally by the "vendor"; 4. Repackaging, unless unpacked solely for the purpose of inspection, demonstration, testing or the substitution of parts under instruction from the manufacturer, and then repackaged in the original container; 5. Any failure to make such inspection, adjustments, tests or servicing as the "vendor" has agreed to make or normally undertakes to make in the usual course of business in connection with the sale of the product; 6. Demonstration, installation, servicing or repair operations, except such operations performed at the "vendor's" premises in connection with the sale of the product (this exception does not apply to the extent that subparagraph g. is applicable); or 7. Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the "vendor". b. This provision, Additional Insured - Blanket Vendors, does not apply to any person or organization from whom you have acquired any products, including any ingredient, part or container entering into, accompanying or containing "your products". c. This provision, Additional Insured - Blanket does not apply to any "vendor" included as an insured by an endorsement issued by us and made a part of this policy. d.. This provision, Additional Insured - Blanket does not apply if "bodily injury" or "property damage" included within the "products-completed operations hazard" is otherwise excluded under the policy, including this or any other endorsement. 8. Fire, Lightning, Explosion and Sprinkler Leakage If Damages to Premises Rented to You under Section I - Coverages, Coverage A Bodily Injury and Property Damage is not otherwise excluded under the policy, including this or any other endorsement, the following applies: a. The last subparagraph of paragraph 2. Exclusions of Section I - Coverages, Coverage A Bodily Injury and Property Damage is amended to read: Exclusions c. through n. do not apply to damage by fire, lightning, explosion or sprinkler leakage to premises while rented to you or temporarily occupied by you with the permission of the owner. A separate limit of insurance applies to this coverage as described in Section III - Limits of Insurance. b. Paragraph 6. Of Section III - Limits of Insurance is amended to read: 6. Subject to 5. above, the Damages to Premises Rented to You Limit is the most we will pay under Coverage A for damages because of "property you or temporarily CG R029 0604 Contains Copyrighted Material with Permission, Page 2 of 3 occupied by you with permission of the owner, arising out of damage" to premises, while rented to any one fire, lightning, explosion or sprinkler leakage 'occurrence". Subject to all the terms of Section III - Limits of Insurance, the Damages to Premises Rented to You Limit is the greater of: a. $250,000; or b. The amount shown in the Declarations for Damages to Premises Rented to You Limit C. Paragraph 4.b.1.b. of Section IV- Commercial General Liability Conditions is amended to read (b) That is Fire, Lightning, Explosion, Sprinkler Leakage or any similar insurance coverage for premises rented to you or temporarily occupied by you with permission of the owner; or 9. Extended Property Damage Exclusion 2.a. of Section I - Coverages, Coverage A Bodily Injury and Property Damage is replaced by the following: a. "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. 10. Newly Formed or Acquired Organizations Paragraph 4. of Section II - Who is an Insured, is replaced by the following: 4. Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under tois provision is afforded only until the 180 day after you acquire or form the organization or the end of the policy period, whichever is earlier; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. 11. Blanket Waiver of Subrogation Section IV - Commercial General Liability Conditions, Item 8. is replaced with: 3. Transfer of Rights of Recovery Against Others to Us and Blanket Waiver of Subrogation If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair those rights. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. b. If required by a written "insured contract" signed prior to an occurrence or offense, we waive any right or recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal and advertising injury" arising our of your operations or work for that person or organization. CG R029 0604 Contains Copyrighted Material with Permission, Page 3 of 3 POLICY NUMBER: BAP 5645992 02) COMMERCIAL AUTO CA 02 44 06 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CANCELLATION PROVISION OR COVERAGE CHANGE ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective: Countersigned By: 02/12/2008 Named Insured: J. C. COMMERCIAL, INC. Authorized Representative) SCHEDULE Number of Days' Notice 30 Name Of Person Or Organization BLANKET (Address 720 VALLEY RIDGE CIRCLE, #22 Lewisville, TX 75057 *EXCEPT 10 DAYS IN THE EVENT OF NON-PAYMENT OF PREMIUM ANY CERTIFICATE HOLDER WHO REQUIRES BY WRITTEN CONTRACT WITH THE NAMED INSURED TO HAVE SUCH NOTICE GIVEN AND FOR WHOM A CERTIFICATE IS ON FILE WITH THE AGENT. If this policy is canceled or materially changed to reduce or restrict coverage, we will mail notice of cancellation or change to the person or organization named in the Schedule. We will give the number of day's notice indicated in the Schedule. CA 02 44 06 04 ©ISO Properties, Inc., 2003 Page 1 of 1 ❑ Blanket Waiver of Subroqation This endorsement changes the policy. Please read it carefully. This endorsement modifies insurance provided under the following: Business Auto Coverage Form Garage Coverage Form Truckers Coverage Form Where required by contract, Loss Conditions A.S., "Transfer of Rights of Recovery Against Others to Us", does not apply if the persons or organizations are on file with the insurer or the agent. CA R002 0202 Page 1 of 1 Blanket Additional Insured This endorsement changes the policy. Please read it carefully. This endorsement modifies insurance provided under the following: Business Auto Coverage Form Garage Coverage Form Truckers Coverage Form The provisions and exclusions that apply to Liability Coverage also apply to this endorsement Where required by contract, the names and addresses of all additional insureds on file with the insurer or the agent is an insured,, but only with respect to legal responsibility for acts or omissions of a person for whom Liability Coverage is afforded under this policy. You are authorized to act for the additional insured in all matters pertaining to this insurance. We will mail the additional insured notice of any cancellation of this policy. If the cancellation is by us, we will give ten days notice to the additional insured. The additional insured is not required to pay for any premiums stated in the policy or earned from the policy. Any return premium and any dividend, if applicable, declared by us shall be paid to you. The additional insured will retain any right of recovery as a claimant under this policy. CA R006 0202 Page 1 of 1 ® WORKERS' COMPENSATION AND EMPLOYERS Texzmutu LIABILITY INSURANCE POLICY Insurance Company WC 42 03 04 A TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. ( ) Specific Waiver Name of person or organization ( X ) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: ALL TEXAS OPERATIONS 3. Premium The premium charge for this endorsement shall be 2.00 percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Advance Premium INCLUDED, SEE INFORMATION PAGE, This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on at 12:01 A.M. standard time, forms a part of Policy No. SBP-0001114487 20080320 of the Texas Mutual Insurance Company Issued to J C COMMERCIAL INCORPORATED Endorsement No.. Premium $ I ~Z (/146-" Authorized Representative WC420304A (ED. 1-01-2000) AGENT'S COPY AXFLORES 3-17-2008