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2006-132 ORDmANCENO.2006-/32 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE INSTALLATION OF PLAYGROUND EQUIPMENT AND OTHER RENOVATIONS AT AVONDALE AND CIVIC CENTER PARK; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTNE DATE (BID 3493-A VONDALE AND CIVIC CENTER PARK PLAYGROUND RENOVATIONS AWARDED TO TEXAS ENVIRONMENTAL MANAGEMENT SA, INC. m THE AMOUNT OF $41,624.41 ). 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 ofthe 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 ofthe 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 3493 Texas Environmental Management S.A., Inc. $41,624.41 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 ofthe 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 ofthe 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 / ft; ii day of Vlt Of-' ,2006. C ~ ~cIL EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY ~~~~ lJl\~ h,. , BY: 3-0RD-Bid 3493 _.. J CONTRACT AGREEMENT STATE OF TEXAS S COUNTY OF DENTON S THIS AGREEMENT, made and entered into this 16th day of May A.D., 2006, by and between Citv of Denton of the County of Dentonand State of Texas, acting through Howard Martin thereunto duly authorized so to do, hereinafter termed "OWNER," and Texas Environmental Management S.A. Inc. 115 East 1 st Street Justin, TX 76247 of the City of Sanger, County of Denton and State of "CONTRACTOR. " Texas , hereinafter termed 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 3493 Avondale and Civic Center Park Plavground Renovations in the amount of $41 ,624.41 and all extra work in connection therewith, under the terms as stated in the General Conditions of the agreement; and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the work specified above, in accordance with the conditions and prices stated in the Proposal and the Performance and Payment Bonds, attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), and Instructions to Bidders, as referenced herein and on file in the office of the Purchasing Agent, and in accordance with all local, state and federal laws; and plans, which includes all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by: Citv of Denton Parks staff all of which are referenced herein and made a part hereof and collectively evidence and constitute the entire contract. CA-l . , Independent Status It is mutually understood and agreed by and between City and Contractor that Contractor is an independent contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas, for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, worker's compensation, or any other City employee benefit. City shall not have supervision and control of Contractor or any employee of Contractor, and it is expressly understood that Contractor shall perform the services hereunder according to the attached specifications at the general direction of the City Manager of the City of Denton, Texas, or his designee under this agreement. Indemnification Contractor covenants and agrees to and does hereby indemnify, hold harmless and defend, at its own expense, Owner, its officers, servants and employees, from and against any and all claims or suits for property loss or damage and/or personal injury, including death, to any and all persons, of whatsoever kind or character, whether real or asserted, arising out of the Work and services to be performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or invitees, whether or not caused, in whole or in part, by the alleged negligence of the officers, servants, employees, of the Owner. Contractor likewise covenants and agrees to, and does hereby, indemnify and hold harmless Owner during the performance of any of the terms and conditions of this Contract, whether arising out of in whole or in part, any and all alleged acts or omissions of officers, servants, or employees of Owner. The provisions of this paragraph are solely for the benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other person or entity. Choice of Law and Venue This agreement shall be governed by the law of the State of Texas and venue for its construction and enforcement shall lie in the courts of Denton County, Texas. The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in written notice to commence work and complete all work within the time stated in the Proposal, subject to such extensions of time as are provided by the General and Special Conditions. The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the Contract. CA-2 , , IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. ATTEST: A /t1I1 ~L lW.NI Ann (Yltilnn CITY ATTORNEY City of Denton ~ OWNER BY la0\~ (SEAL) 'SA Ir.L. ?o 1)0)(. o~q 0uEmirl ..l( 1{P~41 . MAILING ADDRESS q1.fO-It!Ltb- ~ 3&40 PHONE NUMBER '1YO-lo4!Q- ~'3401 FAX~ Bya~y3 :"",,,~, ,>G<JT -.JuL.IE'~ I "-.1 PRINTED NAME (SEAL) CA- 3 " PERFORMANCE BOND STATE OF TEXAS 9 BONDI/31i350907 COUNTY OF DENTON 9 /KNOW ALL MEN BY THESE PRESENTS: That Texas Environmental Management SA Inc./whose address is 115 East y Street Sanger, TX 76247 hereinafter called Principal, and SureTec Insurance Company,/' , a corporation organized and existing under the laws of the State of Texas, and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter 911ed Owner, in the pen 1 sum of Forty One Thousand Six Hundred Twenty Four and 41/100.:o0LLARS 41 624.41 plus ten percent of the stated penal sum as an additional sum of money representing additional court expenses, attorneys' fees, and liquidated damages arising out of or connected with the below identified Contract, in lawful money of the United States, to be paid in Denton County, Texas, for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement, which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement, which reduces the Contract price, decrease the penal sum of this Bond. THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain Contract, identified by Ordinance Number 2006- 132 , with the City of Denton, the Owner, dated the 16 day of May A.D. 2006 4"copy of which is hereto attached- and made a part hereof, for Bid 3493 Avondale and Civic Center Park Playground Renovations./ 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 one (1) year from the date of final completion and final acceptance of the Work by the Owner; and, if the Principal shall fully indemnify and save harmless the Owner from all costs and damages which Owner may suffer by reason of failure to so perform herein and shall fully reimburse and repay Owner all outlay and expense which the Owner may incur in making good any default or deficiency, then this obligation shall be void; otherwise, it shall remain in full force and effect. PB -1 PROVIDED FURTHER, that if any legal action be filed upon this Bond, exclusive venue shall lie in Denton County, State of Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc., accompanying the same, shall in anywise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension oftime, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc. This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, as amended, and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Denton County to whom any requisite notices may be delivered and on whom service of process maybe had in matters arising out of such suretyship, as provided by Article 7.19- 1 of the Insurance Code, Vernon's Annotated Civil Statutes ofthe State of Texas. IN WITNESS WHEREOF, this instrument is executed in 7ies, each one of which shall be deemed an original, this the 25thdayof May , 2006 I . ATTEST: PRINCIPAL ATTEST: B~~~\v Texas Environmental Management S.A. BY~/ SURETY BY: ~ UOL.r'Vn SECRETARY /, SureTec Insurance com,~.': ~ ,- ~Ul)j.1>j' , ATT Y-IN-FACT- Kathy Sells The Resident Agent of the Surety in Denton County, Texas for delivery of notice a~d _sen:ice'<:f tqe' process is: - - BY: NAME: Becky McKnight C/O Ramey King Insurance STREET ADDRESS: 510 North 135 E.. Denton. Texas 76205 (NOTE: Date ofPerfonnance Bond must be date of Contract. If Resident Agent is not a corporation, give a person's name,) PB-2 rr. I,,\I)'P IAtft " PAYMENT BOND STATE OF TEXAS 9 BONDII 4350907 COUNTY OF DENTON 9 /KNOW ALL MEN BY THESE PRESENTS: That Texas Environmental Managernent SA Inc.yWhose address is 115 East 1 st Street Justin. Texas 76347. , hereinafter called Principal, and SureTec Insurance Company..,/' , a corporation organized and existing under the laws ofthe State of Texas , and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, and unto all persons, firms, and corporations who may furnish materials for, or perform labor upon, the building or improvements hereinafter refej:red to, in the penal sum 9f Fortv One Thousand Six Hundred Twentv Four and 41/100...nOLLARS ($41,624.41.yin lawful money of the United States, to be paid in Denton, County, Texas, for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement which reduces the Contract price decrease the penal sum of this Bond. THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain Contract, identified by Ordinance Number 2006-132, with the City of Denton, the Owner, dated the 16 day of Mav A.D. 2006~, a copy of which is hereto attached and made a part hereof, for Bid 3493 Avondale and Civic Center Park Playground / NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties and make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying labor and/or material in the prosecution of the Work provided for in said Contract and any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby expressly waived, then this obligation shall be void; otherwise it shall remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive venue shall lie in Denton County, Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc., accompanying the same, shall in anywise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc. PB -3 This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, as amended, and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Denton County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such surety, as provided by Article 7.19-1 of the Insurance Code, Vernon's Annotated Civil Statutes ofthe State of Texas. IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of which shall be deemed an original, this the 25th day of May , 2006/ ATTEST: PRINCIPAL BY: AVlYH.l~ SECRETARY Texas Environmental Mana ement S.A. ~/ , ATTEST: SURETY By:q\~~\y, " SureTec Insurance ComnaWt BY: J//"t+H', tiiJ' A~T~~-IN-FACT Kathy Sells The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process IS: NAME: Becky McKnight C/O Ramey King Insurance STREET ADDRESS: 510 North 05 E., Denton, Texas 76205 (NOTE: Date of Payment Bond must be date of Contract. If Resident Agent is not a corporation, give a person's name.) PB-4 o't. (,'\1\0.- ~ SureTec Insurance Company THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION Statutory Complaint Notice To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or to make a complaint at: 1-866-732-0099. You may also write to the Surety at: SureTec Insurance Company 5000 Plaza on the Lake, Suite 290 Austin, TX 78746 You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints at 1-800-252-3439. You may write the Texas Department of Insurance at PO Box 149104 Austin, TX 78714-9104 Fax#: 512-475-1771 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ---------------------------------------------------------------------------------------------------------------------------- Terrorism Risks Exclusion The Bond to which this Rider is attached does not provide coverage for, and the surety shall not be liable for, losses caused by acts of terrorism, riot, civil insurrection, or acts of war. ------------------------------------------------------------------------------------------------------------------ Exclusion of Liability for Mold, Mycotoxins, Fungi & Environmental Hazards The Bond to which this Rider is attached does not provide coverage for, and the surety thereon shall not be liable for, molds, living or dead fungi, bacteria, allergens, histamines, spores, hyphae, or mycotoxins, or their related products or parts, nor for any environmental hazards, bio-hazards, hazardous materials, environmental spills, contamination, or cleanup, nor the remediation thereof, nor the consequences to persons, property, or the performance of the bonded obligations, of the occurrence, existence, or appearance thereof. Texas Rider 010106 I I L~l_ BONDII 4350907 POA #, 4221134 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by Tllese Presents, That SURETEC INSURANCE COMPAN~'Company")' a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint Clydene Johnson, Dustin Parker, Kathy Sells /' of Grapevine, Texas its true and lawful Attomey(s)-in-fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any, and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety, providing the 7nd penalty does not exceed Five Million and no/100 / and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attomey(s)-in-Fact may do in the premises. Said appointment shall continue in force until November 30, 2006 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint anyone or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indenmity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved. that the signature of any authorizt:d officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 2r1' of April, /999.) In Witness Wltereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 20th day of June, A.D. 2005. ~'0l0lll'''~ \.lRANC," _...c:, ,........ ~...~ ,""'....... ...~.0 Jj/~~ \~ ""-: 1"'tl- UllW 19 0:\ C;, .;e ~"'''' J.. /~ V' ,....:/ On this 20th day of June, AD. 2005 before me personally came 13.1. King, to me known, who, being by me duly sworn, did depose and say, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate scal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his flame thereto by like order. By: t State of Texas County of Harris ss: Michelle Denny Notary PubIlCl State Of Texas My Commission Expires August 27, 2008 ,miWle{iL ~ Michelle Denny, Notary P lie My commission expires August 27,2008 r, M. Brent Beaty, Assistant Secretary ofSURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney arc in full force and effect. Given under my hand and the seal of said Company at Houston, Texas this Any Instrument Issued In excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may call (713) 812-0800 any business day between 8:00 am and 5:00 pm CST. ~~ .. CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Bidder's attention is directed to the insurance requirements below. It is highly recommended that bidders confer with their respective insurance carriers or brokers to determine in advance of Bid submission the availability of insurance certificates and endorsements as prescribed and provided herein. If an apparent low bidder fails to comply strictly with the insurance requirements, that bidder may be disqualified from award of the contract. Upon bid award, all insurance requirements shall become contractual obligations, which the successful bidder shall have a duty to maintain throughout the course of this contract. STANDARD PROVISIONS: Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted work has been completed and accepted by the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter. As soon as practicable after notification of bid award, Contractor shall file with the Purchasing Department satisfactory certificates of insurance, containing the bid number and title of the project. Contractor may, upon written request to the Purchasing Department, ask for clarification of any insurance requirements at any time; however, Contractors are strongly advised to make such requests prior to bid opening, since the insurance requirements may not be modified or waived after bid opening unless a written exception has been submitted with the bid. Contractor shall not commence any work or deliver any material until he or she receives notification that the contract has been accepted, approved, and signed by the City of Denton. All insurance policies proposed or obtained in satisfaction of these requirements shall comply with the following general specifications, and shall be maintained in compliance with these general specifications throughout the duration of the Contract, or longer, if so noted: . Each policy shall be issued by a company authorized to do business in the State of Texas with an A.M. Best Company rating of at least A. . Any deductibles or self-insured retentions shall be declared in the bid proposal. If requested by the City, the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, its officials, agents, employees and volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. , " . Liability policies shall be endorsed to provide the following: .. Name as additional insured the City of Denton, its Officials, Agents, Employees and volunteers. .. That such insurance is primary to any other insurance available to the additional insured with respect to claims covered under the policy and that this insurance applies separately to each insured against whom claim is made or suit is brought. The inclusion of more than one insured shall not operate to increase the insurer's limit ofliability. . All policies shall be endorsed to read: "SAID POLICY SHALL NOT BE CANCELLED, NONRENEWED OR MATERIALLY CHANGE WITHOUT 30 DAYS ADVANCED WRITTEN NOTICE BEING GIVEN TO THE OWNER (CITY) EXCEPT WHEN THE POLICY IS BEING CANCELLED FOR NONPAYMENT OF PREMIUM IN WHICH CASE 10 DAYS ADVANCE WRITTEN NOTICE IS REQUIRED". . 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. SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: All insurance policies proposed or obtained in satisfaction of this Contract shall additionally comply with the following marked specifications, and shall be maintained in compliance with these additional specifications throughout the duration of the Contract, or longer, if so noted: .t .1 (r [X] A. General Liability Insurance: General Liability insurance with combined single limits of not less than $ 500,000 shall be provided and maintained by the Contractor. The policy shall be written on an occurrence basis either in a single policy or in a combination of underlying and umbrella or excess policies. If the Commercial General Liability form (ISO Form CG 0001 current edition) is used: . Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual liability covering this contract and broad form property damage coverage. . Coverage B shall include personal injury. . Coverage C, medical payments, is not required. If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) is used, it shall include at least: . Bodily injury and Property Damage Liability for premises, operations, products and completed operations, independent contractors and property damage resulting from explosion, collapse or underground (XCV) 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 $300,000 either in a single policy or in a combination of basic and umbrella or excess policies. The policy will include bodily injury and property damage 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. [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 .l 'I 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 9406.096 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. " [ ] Additional Insurance Other insurance may be required on an individual basis for extra hazardous contracts and specific service agreements. If such additioual insurance is required for a specific contract, that requirement will be described in the "Specific Conditions" of the contract specifications. 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 proj ect has been completed and accepted by the govemmental entity. Persons providing services on the project ("subcontractor" in 9406.096) - 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 foodlbeverage 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 ofthe 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: ,I " " (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration ofthe 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 goverrunental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 1. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain from each other person with whom it contracts, and provide to the contractor: (a) 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; (6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the proj ect; and (7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self- insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. ", " -4 ~, Purchasing Department 901-B Texas St. Denton, TX 76209 (940) 349-7100 www.dentonpurchasing.com BID #3493 - ADDENDUM # 1 AVONDALE AND CIVIC CENTER PARK PLAYGROUND RENOVATIONS BID OPENING: Tuesday, April 25, 2006 2:00 P.M. Questions concerning this bid should be directed to: Bidding Procedures: JodyHays Buyer (940) 349-7100 Technical Specifications: Cindy Mayo Park Planner (940) 349-8271 Bid submitted by: ;;:;.4'0 f;u~/(J17-lC ;Jfr4tU/l(5,OlfUJT 5 A. ...LtJC Company Name ,I " ... ADDENDUM # 1 Addendum # 1 to be returned with Bid Proposal The following are changes to the bid specifications: · The date is the same on the cover page but its Tuesday and not Thursday. · Curb to be removed at Civic Center Park is approximately 105 LF. · Curb to be installed at Civic Center Park is approximately 184 LF. · "Fibar (or equal) Playground surfacing will primarily be added in the new area at Civic Center Park, and will also be used to fill in at both parks where the new equipment is installed, to maintain the depths required for all playgrounds." NO OTHER CHANGES AT THIS TIME. . This form shall be signed and returned with your bid. Name: ".4 -",c. ~/...M6EA-u?,0r ...}, .-L Signature: Date: .' " ..-. CITY OF DENTON BID FOR AVONDALE AND CIVIC CENTER PARK PLAYGROUND RENOVATIONS ITEM DESCRIPTION Avondale Park Playground 1 I~U 2 ~~ 1 Unit - Little Tike 5-12 rs Castle Unit 1 Unit - Little Tike 2-5 rs Castle Structure Avondale Park Playground Total 1:2, err'/. IS Civic Center Park Playground 1 ui ment and Part of the Pia Area 2 Installation of new Pia 1 Unit - GameTime PowerSca e Modular Unit 1 1 Unit - Huna Climbin boulder Civic Center Park Playground Total 'J.S, 630. <.10 Total for All Work flt.fUo21. '/I 1 Alternate-Deduct Demolition of all Pia / /S8.0D 'Prices shall be bid F .O.B. Denton *kIn case of calculation error, unit pricing shall prevail. Bidder is an authorized dis to the City of Denton? by the manufacturer, and is authorized to sell YES fiJ,.. , \ iN/A,! \_.-~. --- It.JlA'- ~">.n&>7"t.- 1f#<J:!-. S.ft, ~. Company Name NO i!:J-1/0 (, Date ..---- PAGE 1 OF BID #3493 Bidder's Initials :r p " " '.1 CITY OF DENTON BID FOR AVONDALE AND CIVIC CENTER PARK PLAYGROUND RENOVATIONS UNIT PRICES: The undersigned agrees that the following unit prices will apply to adjust quantities of materials indicated on drawings. Prices are for materials furnished and installed. It is further agreed that the quantities of work to be done at unit prices and material to be furnished may be increased or diminished, as may be considered necessary in the opinion of the Owner's Representative, and that ail quantities of work, whether increased or decreased, are to be performed at the unit prices set forth below except as provided for in the specifications. All unit prices are for addition or deletion. EROSION CONTROL (FURNISH AND INSTALL): Silt Fence Barrier - (as shown on plans) <i! /.;J.J.- Dollars per L. F. PLAYGROUND COMPONENTS (FURNISH AND INSTALL): ~ 11. 17 4' :J. 08 jf f.o.oS Playground 12" x 12" Concrete Curb Dollars per L.F. Demolition of Playground Curb Dollars per L.F. Playground Access Ramp S'Q FT. Dollars per L.F. Fibar (or equal) Playground Surfacing {j 3 I .08 #7,;2./.. d/ 3. S)... Dollars per C. Y. Fibardrain (or equal) drain pipe Dollars per L.F. Fibar Felt (or equal) geotextile fabric Dollars per L.F. MISCELLANEOUS (FURNISH AND INSTALL) Installed Bench d/ 1103'1/'0 4" ':<51. is Dollars per each On-site Earthwork Dollars per each PAGE 2 OF BID #3493 Bidder's Initials S ~ .' ~.. .. CITY OF DENTON BID FOR AVONDALE AND CIVIC CENTER PARK PLAYGROUND RENOVATIONS The undersigned agrees this bid becomes the property of the City of Denton after the official opening. The undersigned affirms he has familiarized himself with the local conditions under which the work is to be performed; satisfied himself of the conditions of delivery, handling and storage of equipment and all other matters that may be incidental to the work, before submitting a bid. The undersigned agrees, if this bid is accepted, to furnish any and all items/services upon which prices are offered, at the price(s) and upon the terms and conditions contained in the Specifications. The period for acceptance of this Bid Proposal will be sixty (60) calendar days unless a different period is noted by the bidder. The undersigned affirms that they are duly authorized to execute this contract, that this bid has not been prepared in collusion with any other Bidder, nor any employee of the City of Denton, and that the contents of this bid have not been communicated to any other bidder or to any employee of the City of Denton prior to the official opening of this bid. Vendor hereby assigns to purchaser any and all claims for overcharges associated with this contract which arise under the antitrustlaws of the United States, 15 USCA Section 1 et sea., and which arise under the antitrust laws of the State of Texas, Tex. Bus. & Com. Code, Section 15.01, et sea. The undersigned affirms that they have read and do understand the specifications and any attachments contained in this bid package. NAME AND ADDRESS OF COMPANY: ie'ItS .f;vur:I'<Y.);ff~L !I1~I/'bJr S. If. .IN<.. /1 D CA>r If.!- 6~{.T -::r;;;s-t.'o<> TP..4{ I '7~2cj7 Signature Date Name :JUlIE "i1cv:,0 Title -Pug. DLtYr Fax No. (qt.fO) &4.3- 31/D7 Email. jpre...;n@te.xC/.Sertvif'o.c.o"'1 Tel. No. -e4~ ~l}8- (~(PYO COMPANY IS: Business included in a Corporate Income Tax Return? -L YES -. _Corporation organized & existing under the laws of the State of I[.XAS _Partnership consisting of _'ndiVidual trading as V Principal offices are in the city of :f.J5TL":> It:XA"" .c::::;-.-.-..-.-...--...."......- . .""" (/ t~c-<- \~S1",,--~ . ~n- .2>~<,L d::'C1S // --.......-.--.----..---.....--.--.-----.---.-- NO PAGE 3 OF BID #3493 -. Bidder's Initials j I=' ...., .) CITY OF DENTON BID FOR AVONDALE AND CIVIC CENTER PARK PLAYGROUND RENOVATIONS FOR DISADVANTAGED BUSINESS ENTERPRISES ONLY Disadvantaaed Business Enterprises (DBE) are encouraged to participate in the City of Denton's bid process. The Purchasing Department will provide additional clarification of specifications, assistance with Bid Proposal Forms, and further explanation of bidding procedures to those DBEs who request it. Representatives from DBE companies should identify themselves as such and submit a copy of the Certification. The City recognizes the certifications of the State ofTexas Building and Procurement Commission HUB Program. All companies seeking information concerning DBE certification are urged to contact. State of Texas HUB Program Texas Building and Procurement Commission PO Box 13047 Austin, TX 78711-3047 (512) 463-5872 If your company is already certified, attach a copy of your certification to this form and return with bid. ...-.- COMPANY NAME: IE-xAS ~I/II20/Jtnt:tJT/lC 1ll1lM1G<mF',u, S. /I. LJc REPRESENTATIVE: ~I;e ~R..;" ADDRESS: -Ll b 41ST I ~ Street. CITY, STATE, ZIP: -::J:J'S'l':L0 ~., '7&J.t.J7 TELEPHONE No((}}O)lotJB ~ 3&40 FAX NO (qt/OYot/J- 3(/07 . ---"' Indicate all that apply: Minority-Owned Business Enterprise J Women-Owned Business Enterprise Disadvantaged Business Enterprise PAGE 10 OF BID #3493 Bidder's Initials 5~ . ,,- "'-. &, CITY OF DENTON BID FOR AVONDALE AND CIVIC CENTER PARK PLAYGROUND RENOVATIONS VENDOR REFERENCES Please list three (3) Government references, other than the City of Denton, who can verify the quality of service your company provides. The City prefers customers of similar size and scope of work to this bid. 1/ ,,>: -::;~i;i:~~ ,'.,' . '- ",.. ~'.,.., ""_--:,,, ':"-'.''''. ''-:_''''_ -.'i:>',',." .:......" . -REFERENCE ONE . . "", , .:: \:'~',,,,<,"" ,~, c '._',.' '" II "J,_ GOVERNMENTICOMPANY NAME: --';;AS Dc/!,<lI1.., nu:.sr CF 77iAAJSFbn. Tl'nrn.j LOCATION: l'Y\oTT /:>"11...': LLL-rs f!.o. CONTACT PERSON AND TITLE: 1>= HA';Ui.. t...A'-'DSe~{JL IfUH.:crLCr TELEPHONE NUMBER: (jt4) :,\;:Lo- &2oS- - SCOPE OF WORK: ~s:!APL ANi:> Ii<!.Rr<:'A"-:L".J CONTRACT PERIOD: 711A~/I, ;J.Do<! II ", ". ~ .', .'> ,; "." ....,.. "-",.'" " . -':>,":c'-"",:: <.:".",- . ;......"...,.; " ~REFER~NCE.TW6: -:-:,,;,"" '''0';' :i....J.'.. r "', " II '.;,ii,' " -'-;':;-,'''\'-'--'';-.':.:- "',,,. ,",,' ,'J, ''''>1;,:,<:' GOVERNMENT/COMPANY NAME:~..rry OF iltu..-u LOCATION: 5f'TifAtJ,/ Pd , CONTACT PERSON AND TITLE: S )<;4.0 t J'I"'Pfi){.L_ TELEPHONE NUMBER: f;) 14) 001- '-nii SCOPE OF WORK: J...cud5<:J:iPL CONTRACT PERIOD: 57 ~~ "3 ~.Te.V{ TVRAI ?:Sr II ';,"." .' "'.C;'.';-' .,..::_..__.....'__:...,...:'.-'. ',c" . REFERENCE THREE. ' II GOVERNMENT/COMPANY NAME: tJOf!T1f Lns 7;;LL 4uTHOR:I:r'/ LOCATION: (J,/j y U:,f2j) PI"" 24 . .--.- CONTACT PERSON AND}ITLE: IDNi/ Lv{!..L!YJ TELEPHONE NUMBER"',? /tj) :J;zS- ,'F/t;,,) SCOPE OF WORK: t.J/""IJ'lt'APL =- IPPTCA7T,.-"J CONTRACT PERIOD: . </,/ ;UYJ'- PAGE 11 OF BID #3493 Bidder's Initials ,. '.., (, BID BOND KNOW ALL MEN BY THESE PRESENTS, that we Texas Environmental Manaoement SA. Inc. P.O. Box 369. Justin. Texas 76247 as principal, hereinafter called the "Principal," and SURETEC INSURANCE COMPANY, 5000 Plaza on the Lake, Suite 290, Austin, TX 78746, as surety, hereinafter called the "Surety," are held and firmiy bound unto the Citv of Denton as obligee, hereinafter called the Obligee, in the sum of Five Percent (5%) of the Amount Bid by Principal for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the principal has submitted a bid for Proiect # 3493- Avondale and Civic Center Piavoround Renovations. NOW, THEREFORE, if the contract be timely awarded to the Principal and the Principal shall within such time as specified in the bid, enter into a contract in writing or, in the event of the failure of the Principal to enter into such Contract, if the Principa" shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. PROVIDED, HOWEVER, neither Principal nor Surety shall be bound hereunder unless Obligee prior to execution of the final contract shall furnish evidence of financing in a manner and form acceptable to Principal and Surety that financing has been firmly committed to cover the entire cost of the project. SIGNED, sealed and dated this 21 st day of April, 2006. Texas Environmental Manaoement SA. Inc. (Princi SureTec Insurance Companv BY: ~\"- '. -~~ A,(o~neY-in-Fact Bid Bond capped_text Rev 1.1.06 .' , ,#0 ,,,' ,:>>.. . ~ SureTec Insurance Company THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION Statutory Complaint Notice To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or to make a complaint at: 1-866-732-0099. You may also write to the Surety at: SureTec Insurance Company 5000 Plaza on the Lake, Suite 290 Austin, TX 78746 You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints at 1-800-252-3439. You may write the Texas Department of Insurance at PO Box 149104 Austin, TX 78714-9104 FaX#: 512-475-1771 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ---------------------------------------------------------------- Terrorism Risks Exclusion The Bond to which this Rider is attached does not provide coverage for, and the surety shall not be liable for, losses caused by acts of terrorism, riot, civil insurrection, or acts of war. ---------------------------------------------------------- Exclusion of Liability for Mold, Mycotoxins, Fungi & Environmental Hazards The Bond to which this Rider is attached does not provide coverage for, and the surety thereon shall not be liable for, molds, living or dead fungi, bacteria, allergens, histamines, spores, hyphae, or mycotoxins, or their related products or parts, nor for any environmental hazards, bio-hazards, hazardous materials, environmental spills, contamination, or cleanup, nor the remediation thereof, nor the consequences to persons, property, or the performance of the bonded obligations, of the occurrence, existence, or appearance thereof. Rev 11.11.03 ... ./ ')II" .. POAN: 4221134 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint Clydene Johnson, Dustin Parker, Kathy Sells of Ceo,evl", , Texas its true and lawful Attomey(s)-in-fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety, providing the bond penalty does not exceed Five.Million and no/lOO and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the Presiden4 sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratitying and confIrming all that the said Attorney(s)-in-Fact may do in the premises. Said appointment shall continue in force until November 30, 2006 and is made under and by authority of the following resolutions oftbe Board of Directors of the SureTec Insurance Company: Be it Resolved. thatthe President, any Vice-President, any Assistant Vice.President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint anyone or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved. that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power ofattomey or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 2if' of April, 1999.) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 20th day of June, A.D. 2005. Jjr~~~~...c>~ ~{w ~ II State of Texas ss: ~ \.. ./. '<t:f County of Harris "'''V On this 20th day of June, A.D. 2005 before me personally came B.1. King, to me known, who, being by me duly sworn, did depose and say, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. By: CECOMPANY I, M. Brent Beaty, Assistant Secretary ofSURETEC INSURANCE COMPANY, do hereby certifY that the above and foregoing is a true and correct copy ofa Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston, Texas this 2/st day Michelle Denny Notary PublIC StOle ol Tex", My Commlssfon Expires August 27, 2008 .1nilA/lWL ~~ Michelle Denny, Notary P lie . My commissiun expires August 27, 2008 Any Instrument Issued in excess of the penalty stated above Is totally void and without any validity. For verification oftha authority of this power you may call (713) 812-0800 any business day between 8:00 am and 5:00 pm CST. .. . . .,. . '---' ACORD. CERTIFICATE OF LIABILITY INSURANCE OPIDa~ DATE (MMiDOfYYYY) TEXA- El OS/25/06 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATIO ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Box Insurance Agency HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1200 S. Main Street, Ste. 1600 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Grapevine TX 76051 Phone: 817-481-3529 Fax:817-424-1404 INSURERS AFFORDING COVERAGE NAIC# INSURED Texas Environmental Managemen~~ INSURER A" Unitrin SanAntonioiTexas Environmental INSURER B' 'l'exas Mutual Insurance Company Management Inc; Prcin Holdings ~ INSURER C Just~n Farms lnci Doug Prein ~~~ P.O. Box 369 INSURER D Justin TX 76247 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MA.Y BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID ClAJMS. LTR NSR TYPE OF INSURg.H(E POLICY NUMBER ~TE IME~rD'hC~t;'t P8kT9:r{~~jboiYy~N LIMITS GENERAL LIABILITY ./ ~P464467~ EAC~CCURRENCE '1,000,000 ,.- A X X COMMERCIAL GENERAL UABIUTY 11/15/05 11/15/06 '"'PREMISES (Ea ~~~r~nce) $ 100,000 =t~::rCLAIMS MADE [.!J OCCU~ MED EXP (Anyone person) $ 5,000 PERSONAL & ADV INJURY . 1,000,000 - - GENERAL AGGREGATE '2,000,000"- . GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COM PlOP AGG . 2,000,000 I IXl PRO Cl POLICY X JECT LOC ~TOMOBILE L7"" TCA4644679/ ~~BINED SINGLE LIMIT $1,000,000/ A X X ANY AUTO 11/15/05 11/15/06 (EaaCCldent) _._-----_.~ ------ _____u ---. ---..-.-- n_______ ALL OWNED AUTOS BODILY INJURY r--- (Per person) . SCHEDULED AUTOS 'X HIRED AUTOS BODILY INJURY rx . NON-OWNED AUTOS {Per accident) l- I- PROPERTY DAMAGE . {Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT . R ANY AUTO OTHER THAN EA ACC . AUTO ONLY: AGG . EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE I 5,000,000 A ~ OCCUR o CLAIMS MADE U04644680 11/15/05 11/15/06 AGGREGATE $ 5,000,000 . Jij,OEOUCllBLE I X RETENTION 010,000 . WORKERS COMPENSATION AND /' TSFOOOl132509~ ~IrORY LIMITS II"'T' EFt B EMPLOYERS' LIABILITY 06/17/05 06/17/06.- '1,000,000"- ANY PROPRIETOR/PARTNER/EXECUTIVE EL EACH ACCIDENT OFFICER/MEMBER EXCLUDED? E.L DISEASE - EA EMPLOYE $ 1,000,000 .- - ~prCI~Lspr~b6v~s~o~s below EL. DISEASE - POLICY LIMIT $ 1,000,000 OTHER A Scheduled Vehicle TCA4644679 11/15/05 11/15/06 Comp Ded 1000 Auto Physical Damg con Ded 1000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS City of Denton, its Officials, Agents, Employees and Volunteers are Addi t.i..Qnal J:nsured on Primary/Non-Contributory basis for ongoing work as respects Ge al Liability and Auto Liability as required by written contract. CERTIFICATE HOLDER CANCELLATION City of Denton~ 901B Texas Strret Denton TX 76201 CITY -DO SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEF~XPIRATJON DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO 00 SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. AUT lOR RESENT I @ACORDCORPORATION 1988 ACORD 25 (2001/08) IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08)