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2007-256ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF THE PECAN CREEK WATER RECLAMATION PLANT SAND FILTER IMPROVEMENTS FOR THE CITY OF DENTON; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 3905-PECAN CREEK WATER RECLAMATION PLANT SAND FILTER IMPROVEMENTS AWARDED TO CRESCENT CONSTRUCTORS, INC. IN THE AMOUNT OF $167,000). 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 3905 Crescent Constructors, Inc. $167,000 SECTION 2. The acceptance and approval of the above competitive bids shall not constitute a contract between the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, and insurance certificate after notification of the award of the bid. SECTION 3. The City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein. SECTION 4. Upon acceptance and approval of the above competitive bids and the execution of contracts for the public works and improvements as authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the - day of ,2007. *PE.yMcNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY:~~ 3-O -Bid 3905 CONTRACT AGREEMENT STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT, made and entered into this 6th day of November A.D., 2007, 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 Crescent Constructors. Inc. 1100 Grinnell Drive Richardson, TX 75081 of the City of Richardson, County of Dallas and State of Texas hereinafter termed "CONTRACTOR." WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by OWNER, and under the conditions expressed in the bonds attached hereto, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified below: Bid #3905 - Pecan Creek Water Reclamation Plant Sand Filter Improvements - Demolition & replacement of Filter 1 and 2 underdrains and media, as described in these Specifications in the amount of $167,000 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: Camn Dresser & McKee Inc. all of which are referenced herein and made a part hereof and collectively evidence and constitute the entire contract. CA-1 Independent Status It is mutually understood and agreed by and between City and Contractor that Contractor is an independent contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas, for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, worker's compensation, or any other City employee benefit. City shall not have supervision and control of Contractor or any employee of Contractor, and it is expressly understood that Contractor shall perform the services hereunder according to the attached specifications at the general direction of the City Manager of the City of Denton, Texas, or his designee under this agreement. Indemnification Contractor covenants and agrees to and does hereby indemnify, hold harmless and defend, at its own expense, Owner, its officers, servants and employees, from and against any and all claims or suits for property loss or damage and/or personal injury, including death, to any and all persons, of whatsoever kind or character, whether real or asserted, arising out of the Work and services to be performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or invitees, whether or not caused, in whole or in part, by the alleged negligence of the officers, servants, employees, of the Owner. Contractor likewise covenants and agrees to, and does hereby, indemnify and hold harmless Owner during the performance of any of the terms and conditions of this Contract, whether arising out of in whole or in part, any and all alleged acts or omissions of officers, servants, or employees of Owner. The provisions of this paragraph are solely for the benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other person or entity. Choice of Law and Venue This agreement shall be governed by the law of the State of Texas and venue for its construction and enforcement shall lie in the courts of Denton County, Texas. The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in written notice to commence work and complete all work within the time stated in the Proposal, subject to such extensions of time as are provided by the General and Special Conditions. The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the Contract. CA-2 Right to Audit The OWNER shall have the right to audit and make copies of the books, records and computations pertaining to this agreement. The CONTRACTOR shall retain such books, records, documents and other evidence pertaining to this agreement during the contract period and five years thereafter, except if an audit is in progress or audit findings are yet unresolved, in which case records shall be kept until all audit tasks are completed and resolved. These books, records, documents and other evidence shall be available, within 10 business days of written request. Further, the CONTRACTOR shall also require all Subcontractors, material suppliers, and other payees to retain all books, records, documents and other evidence pertaining to this agreement, and to allow the OWNER similar access to those documents. All books and records will be made available within a 50 mile radius of the City of Denton. The cost of the audit will be borne by the OWNER unless the audit reveals an overpayment of 1% or greater. If an overpayment of 1% or greater occurs, the reasonable cost of the audit, including any travel costs, must be borne by the CONTRACTOR which must be payable within five business days of receipt of an invoice. Failure to comply with the provisions of this section shall be a material breach of this contract and shall constitute, in the OWNER'S sole discretion, grounds for termination thereof. Each of the terms "books", "records", "documents" and "other evidence", as used above, shall be construed to include drafts and electronic files, even if such drafts or electronic files are subsequently used to generate or prepare a final printed document. CA-3 s. IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. ATTEST: City of Denton OWNER BY: (SEAL) ATTEST: Q :X) / 1) ~74sol) APPROVED AS TO FORM: Y A TOE," d ~/)Jw CONTRACT C,~-~c~ ~arcY c~o~G1 0 2l N"L I Ic A MAILING ADDRESS F3 - 6Ro) PHONE NUMBER (~7z~ 13' - 44 F(AX{~NUMBER BY: T~J IU C~T TITLE wtAr( G .`)AEG-fk PRINTED NAME (SEAL) CA-4 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 of liability. • 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: [X] A. General Liability Insurance: General Liability insurance with combined single limits of not less than $ 1,000,000 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 (XCU) exposures. • Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability. [X] Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than $500,000 either in a single policy or in a combination of basic and umbrella or excess policies. The policy will include bodily injury and property damage 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 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. [ ] 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. 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 (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 1. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain from each other person with whom it contracts, and provide to the contractor: (a) 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 project; and (7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self- insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. City of Denton, Texas Pecan Creek Sand filta lmprwements SECTION 00300 BID FORM PROJECT IDENTIFICATION: THIS BID IS SUBMITTED TO: THIS BID IS SUBMITTED BY: City of Denton Pecan Creek Sand Filter Improvements Project Bid No. "1oS Purchasing Department City of Denton 901-I3 Texas Street Denton, Texas 76209 C -TO Al /X JIM r4 AlIAL. 7X)W i ARTICLE 1. The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an agreement with OWNER in the form included in the Contract Documents to perform and famish all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in the Agreement and in accordance with the other terms and conditions of the Contract Documents. ARTICLE 2. Bidder accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for ninety days after the day of Bid opening. Bidder will sign and submit the Agreement with the Bonds and other documents required by the Contract Documents within fifteen days after the date of OWNER'S Notice of Award. ARTICLE 3. In submitting this Bid, Bidder represents, as more fully set forth in the Agreement, that: 3.1 Bidder has examined copies of all the Contract Documents and of the following Addenda (receipt of all which is hereby acknowledged): Date Number Authorized Signature 3.2 Bidder has visited the site and become familiarized with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work 3.3 Bidder has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests and studies which pertain to the subsurface or physical condition: at the site or otherwise may affect the cost, progress, performance or furnishing of the Work as Bidder considers 00300.dm 00300-1 septemna 2007 City of Denton, Texas Pecan Creek Sand Filter Improvemrnts ^ necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraphs 4.02 and 4.03 of the General Conditions; and no additional examinations investigations, explorations, tests, reports or similar information or data are or will be required by Bidder for such purposes. 3.4 Bidder has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports or similar information or data in respect of said Underground Facilities are or will be required by BIDDER in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.04 of the General Conditions. 3.5 Bidder has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. 3.6 Bidder has given ENGINEER written notice of all conflicts, errors or discrepancies that it has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to Bidder. 3.7 This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any person, firm or corporation to refrain from bidding; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over OWNER. ARTICLE 4. Bidder will complete the Work in accordance with the Contract Documents for the following lump sum price(s), as specified in text form, and numerically: 4.1 BIDDERS BID AMOUNT A. Base Bid Item A - This lump sum item consists of furnishing all supervision, labor, materials, tools, equipment, incidentals and related items required for construction of the Pecan Creek Sand Filter Improvements as stated in these Specifications. This bid item includes all improvements and any other item not specifically covered by another bid item. This item does not include any filtration underdrains, filter media, or manufacturer's field services, which the Owner will supply. Lump Sum Bid: 0AC i~& j4S2 dollars Item B - This lump sum item consists of furnishing all supervision, labor, materials, tools, equipment, incidentals and related items required for demolition of the existing underdrains of Pecan Creek WRP Filters 1 and 2, removal of waste material from the site, and disposal of the waste material. This demolition shall 00300.dw 00300-2 September 2007 City d. Denton, Texas Pectin Creek Sand Filter Improvements include the granular filter media. This bid item includes all improvements and any other item not specifically covered by another bid item. Lump Sum Bid: S /)(Ty ;f' o.E4AID dollars (s 60 ®©O This project will be awarded to the lowest bidder for the Work to be included. The City of Denton will determine the Work to be included basron Proje ct budget and the bid sums received. 4.2 MANUFACTURERS L -1 OOH This Bid is based upon installing the following equipment items, which the Owner will obtain from the following manufacturers: No. Item Specification Section Manufacturer 2 Filter Underdrain 11315 Infilco Degremont, Inc. 2 Filter Media 11315 Infilco Degremont, Inc. 4.3 PROPOSED SUBCONTRACTORS The following information gives the name, business address, and portion of work (description and dollar amount of work to be done) for each subcontractor that will be used in the work in the Bidder is awarded the Contract. No subcontractor doing work in excess of 3 percent of the total amount of the Bid who is not listed below shall be used without the written approval of the OWNER. Additional supporting data may be attached to this page. Each page shall be sequentially numbered and headed "Proposed Subcontractors," and shall be signed. Firm Name Business Address Description of Work Dollar Amount ARTICLE 5. Bidder agrees that the Work will be completed within the following time(s): 5.1. The Owner will not issue the Notice to Proceed until the filter underdrains and media have been delivered. Therefore, the following project durations do not include equipment lead times. The equipment described in Section 11315 will be available to the Bidder at the start of work. 5.2 Bidder agrees to be Substantially Completed with all contracted Work within 90 consecutive calendar days from the date when the Notice to Proceed is issued, and completed and Ready for Final Payment with 30 00300.dw 00300-3 September 2007 City of Denton. Texu Pecan Creek Sand Filter lmprc a is consecutive calendar days after Substantial Completion in accordance with Article 14 of the General Conditions. The Project shall be completed and ready for final payment within 90 consecutive calendar days after the date when the Contract Time commences to run. 5.2 Bidder accepts the provisions of the Agreement as to Liquidated Damages in the event of failure to complete the Work within the times specified in the Agreement. ARTICLE 6. The following documents are attached to and made a condition of this Bid: 6.1 Required Bid Security in the form of a certified check or a Bid Bond in the amount of 5% of the total Bid price. 6:2 Noncollusion Affidavit. ARTICLE 7. Communications concerning this Bid shall be addressed to the following address: W. P. S. Arora, P.E. City of Denton 901-A Texas Street Denton, Texas 76201 Phone: (940) 349-7189 Fax: (940) 349-7334 ARTICLE 8. The terns used in this Bid which are defined in the General Conditions or Instructions to Bidders will have the meanings assigned to them. SUBMITTED on 2007. l+nw Ow (Name of Bidder) ~Q~-1 G VOCjp„~ Approved By By (Authorized Signature(Title) Attested By uthorized Signature) Seal (If a Corporation) (Address) IC~A jars, . ~1~~) (City an Sta 971 (Telephone N bar) (VI 4V (Facsimile Number) Note: If the Bidder is a corporation, indicate state of incorporation under signature and affix corporate seal; if a partnership give full name and residential addresses if different from business address. 00300.doc 00300-4 September 2007 City of Denton, Tez Pecan Creek Sand Filter Improvements SECTION 00410 BID BOND The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the Contract Documents pertaining to the work covered by the above bid, and he further agrees to commence work within ten 10 days after the date of written notice to do so, and to have 100% of the work on which he has bid complete within consecutive 90 calendar days. Enclosed with this proposal is a Certified Check for five percent of the Bid or a BID Bond in the sum of five percent of the Bid, which it is agreed shall be collected and retained by the Owner as liquidated damages in the event this proposal is accepted by the Owner within thirty (30) days after the bids are received and the undersigned fails to execute the contract and the required bond for the Owner within ten (10) days after the date said proposal is accepted, otherwise, said check or bond shall be returned to the undersigned upon request. Contractor (Firm Name) ) Wp~pO VY71~jvJ~J~I~ht /NC- ) By: k1 Cll,6 ~ G ~r M (/Jlt7kl ~tl td . I_ /I LAY 'l / Title: esiden ice-President) Address, Do Phone Fax Email m dal l r e @ rX . r r. U ~7Sc~9~ 00410.doc 00410-1 Septcmber 2007 City of Denton, Texas Pecan Creek Sand Fitter Improvements SECTION 00480 NONCOLLUSION AFFIDAVIT STATE OF Texas 3 l 3 COUNTY OF Benton s /fiQS3 C A of lawful age, being first duly sworn, says that (he/she) is the agent authorized by the Bidder to submit the attached Bid. Affiant further states that the Bidder has not been a party to any collusion among Bidders in the restraint of freedom of competition by agreement to bid at a fixed price or to refrain from bidding; or with any official or employee of the Owner as to quantity, quality, or price in the prospective Contract, or any other terms of said prospective Contract; or, in any discussion between Bidders and any official of the Owner concerning exchange of money or other thing of value for special consideration in the letting of a Contract. SONJA A. WEAVER Notary Public State of Texas My Comm. Exp. 10-05-2008 My Commission Expires: I O' S Bidder (d*&lf IRE ME, this day of & O k efZ 200 Notary lic o? D2308S00480.dm 00480-1 - September 2007 PERFORMANCE BOND No. 105015139 STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That Crescent Constructors, Inc whose address is 1100 Grinnell Avenue, Richardson, TX 75081, hereinafter called Principal, and Travelers Casualty & Surety Co. of America ✓ a corporation organized and existing under the laws of the State of Texas, and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, in the penal sum of One Hundred Sixty Seven Thousand and 0/100 'DOLLARS ($167,000 }p s 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 2007-256, with the City of Denton, the Owner, dated the 6th day of November A.D. 2007, a copy of which is hereto attached and made a part hereof, for Bid 3905-Pecan Creek Water Reclamation Plant Sand Filter Improvements NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill all of the undertakings, covenants, terms, conditions and agreements of said Contract in accordance with the Plans, Specifications and Contract Documents during the original term thereof and any extension thereof which may be granted by the Owner, with or without notice to the Surety, and during the life of any guaranty or warranty required under this Contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby waived; and, if the Principal shall repair and/or replace all defects due to faulty materials and workmanship that appear within a period of two (2) years from the date of final completion and final acceptance of the Work by the Owner; and, if the Principal shall fully indemnify and save harmless the Owner from all costs and damages which Owner may suffer by reason of failure to so perform herein and shall fully reimburse and repay Owner all outlay and expense which the Owner may incur in making good any default or deficiency, then this obligation shall be void; otherwise, it shall remain in full force and effect. PB-1 PROVIDED FURTHER, that if any legal action be filed upon this Bond, exclusive venue shall lie in Denton County, State of Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc., accompanying the same, shall in anywise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc. This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, as amended, and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Denton County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Article 7.19- 1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas. IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of which shall be deemed an original, this the 6 day of November ,2007 ✓ ATTEST: : ~rJj` "`4e- ` PRINCIPAL fiDWALD 1=Ado; Crescent Constructors, Inc. BY: Add 2w- SECRETARY BY: PRESIDENT Daigre ATTEST: BY: ames P. Fulton SURETY Travelers Casualty & Surety Co. of Amer BY: ATTORNEY-IN-FACT Chris M. Hill The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is: NAME: Harris F. Underwood III, Inc. STREET ADDRESS: 3114 Main Street Dallas, Tx 75226 (NOTE: Date of Performance Bond must be date of Contract. If Resident Agent is not a corporation, give a person's name.) PB-2 0- L SV PAYMENT BOND No. 1 0501 51 39 STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That Crescent Constructors, Inc.%.-v'hose address is 1100 Grinnell Drive, Richardson, TX 75081, hereinafter called Principal, and Travelers Casualty & Surety Co. of America L/ a corporation organized and existing under the laws of the State of Texas , and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, and unto all persons, firms, and corporations who may furnish materials for, or perform labor upon, the building or improvements hereinafter referred to, in the penal sum of One Hundred Sixty Seven Thousand and 0/100LDOLLARS 167 000)-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 2007-256, with the City of Denton, copy of which is hereto attached and the Owner, dated the 6th day of November A.D. 2007 ,#-a made a part hereof, for Bid 3905-Pecan Creek Water Reclamation Plant Sand Filter Improvements. t/ 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 of the State of Texas. IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of which shall be deemed an original, this the 6 day of November 2007 ATTEST: C PRINCIPAL ~y ItPALD ' o Crescent Constructors, Inc. BY: . SECRETARY Mj( AtL e Al 4) p BY: t l N h~ PRESIDENT .icy e Daigre ATTEST: SURETY BY: o>~,%✓ ames P. Fulton Travelers Casualty & Surety Co. of Amer. BY:~ ATTORNEY-IN-FACT Chris M. Hill The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the processis: NAME: Harris F. Underwood III, Inc. STREET ADDRESS: 3114 Main street Dallas, TX 75226 (NOTE: Date of Payment Bond must be date of Contract. If Resident Agent is not a corporation, give a person's name.) PB-4 &10-3 W5P TRAVELERS POWER OF ATTORNEY 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 Casnalty and Surely Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company Attorney-In Fact No. 214950 Certificate No. 0 015 7 8 0 8 3 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the Slate of New York, that SL 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 Cash R. Harbaugh, Chris M. Hill~d Donald G. Murray of the City of Dallas , State of Texas , their true and lawful Attomey(s)-in-Pact, 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 them business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permhtied in any ,actions or-proceedings allowed by law. IN WITNESS WHEREOF, the Companies haver used This instrument day of April 2007 armington Casualty Company' ky V Fidelity and Guarant0fiasurance Company (Yp1 Fidelity and Guaranty Insurnice Underwriters, Inc. Seaboard Surety Company St. Paul Fire and Marine Insurance Company seals to be hereto affixed, this 16th SL Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surely Company Travelers Casualty and Surety Company of America United Slates Fidelity and Guaranty Company o.su,r ` y~reuTY gcY,(r°'°'carr v x°o.ron, L9 j{.~°"!!.s'it a.~, yo~ ~~tty 19836n }4 1977 LA4PoRllFfl ~L', r~ lug on-axnrF e~ tY„ 'sa~ Y e ~ 19;27 1 s r ` wwrroco, tumwtn e v~ ~ c o? ~;SE AL~TOf ~SfiALj' carv. Y+`~ ~arw~ 1896 m o State of Connecticut City of I lartford ss. By: Ccorg Thompson, enior ice President On this the 16th April 2007 day of , 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, SL 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 asa duly authorized officer. p,Tq V/ In Witness Whereof, 1 hereunto set my hand and official seal. TMI ~,(~(t C , My Commission expires the 30th day of June, 201 I. pG * Mane C. Teocault, Notary Public 58440-8-06 Printed in U.S.A. \6 WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER Q 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, Fi~elity t and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, SL Paul Fire and Marine Insurance Company, SL Paul Guardian Insurance Company, SL 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, recognizanees, 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, than 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 altomey or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kori M. Johanson, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc.. Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, SL Paul Mercury Insurance Company, Travelers Casualty and Surety Company, an , Travelers Casualty and Sure n ty Y p' Y tY tyCom party df.America, and United States Fidelity and Guaranty Company do hereby certify that the shove and foregoing is a we and correct copy of the Power df•Attbmeytexecured b~a1tUCompanies, which is in full force and effect and has not been revoked. atzk ~ny_V IN TESTIMONY WHEREOF, I have hereunto set my hand and,affix-eed ~y r V~ (~.,~ryy~ s of said $Companies this da of , 2002. ' v Kori M. Iohans Assistant Secretory r ®rEc.`N, Y ~M 192~ r 1977 aERLf SB.LLf> ~~iF +ga~v+.F¢' N"'o<.,wc..°m '1s.ax+" ~ rA~ N• r .r To verify the authenticity of this Power of Attorney, call I-800-421-3880 or contact us at www.stpaultravelersbond.com. Please refer to the Attorney-In-Fact number, the above-named individuals and the details of the bond to which the power is attached. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUTTHE RED BORDER ACORD,a, CERTIFICATE OF LIABILITY INSURANCE DATE,MNI,DDnn7 DUCER 1 PR THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION O ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HARRIS F. UNDERWOOD III INC. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 3114 MAIN STREET ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P. O. BOX 710039 DALLAS, TX 75371-0039 INSURERS AFFORDING COVERAGE NAIC# INSURED CRESCENT CONSTRUCTORS, INC. ; INSURER A: OKLAHOMA SURETY CO 23426 PELICAN EQUIPMENT, LLC ~ INSURER B: GENERAL INSURANCE CO. OF AMERI 24732 1100 GRZNNSLL DR. INSURER C: MID-CONTINENT CAS CO 23418 TX 75081-5817 RICHARDSON INBURER D: AMERICAN INTERSTATE I NSURANCE 6807 , CRES02 INSURER E: HANOVER INS CO GRP 884 AGES COVER 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 %DO'L N RD POLICY NUMBER POLICY EFFECTIVE pT POUCYEXPIRATION T1~11UNIMTINY) LIMITS A GENERAL LIABILITY GL000688276 0911212007 09/12/2008 CH OCCURRENCE $ 1000000 ' DAMAGE TO RENTED 10000 X COMMERCIAL GENERAL LIABILITY PREMISES Ea wcurence 9 CLAIMSMADE k] OCCUR MEDEXP(AnYpn Ml.) S 5000 PERSONAL&ADV INJURY $ 1000000 GENERAL AGGREGATE S 2000000 ' GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG 8 2000000 X PRD LOC ECT LIABILITY O1Ca4371081 02/23/2007 021231200 COMBINED SINGLE LIMIT 6 O~ (Ea eccidentl 1000000, NED AUTOS " BODILY INJURY $ LED AUTOS SCHEDULED IPer person) UTOS N RY T / BODILY I JU S NED AUTOS V/ IPeraccidenU PROPERTY DA MAGE (Perawident) ILITY AUTOONLYEA ACCIDENT $ TO - OTHERTHAN EA ACC S AUTOONLY: AGG $ C E%CESSIIIMBRELLA LIABILITY XS151353 0911212007 0911212008 EACH OCCURRENCE $ 1000000 X OCCUR CLAIMSMADE AGGREGATE $ 1000000 S DEDUCTIBLE S X RETENTION $10000 S D WORKERS COMPENSATIONAND Ll~ TVWCTZ1649952007 10/12/2007 10/12/2008- 12 T CSTATU- OTH' EMPLOYERS' LIABILITY E.L. EACH ACCIDENT S 500000 ANY PROPRIETORIPARTNERIEXECUTIVE OFFICERIMEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $ 500000 Ifyes,descdi uWer L DISEASE POLICY LIMIT E S 500000 SPECIAL PROVISIONS below . . : OTHER IRDS75585501 05/12/2007 0511212008 LEASED/RENTED 300000 CONTRACTORS EQUIPMENT DEDUCTIBLE 1000 DESCRIPTION OF OPERATIONS I LOCATIONS I VtNI9Mg X*J011WLWY RSEMENT/ SPECIAL PROVISIONS ✓ RE: Pecan Creek Water Reclamation Plant Sand Filter Improvements ✓ Cit of Denton, Its Officials, Agents, Employees and Volunteers are named additional insured Waiver of Subrogation in favor of older is included as respects to workers' compensation coverage! 1inad policy shall not be cancelled; nonrenewed or materially changed 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. ETRIr ATE HOLDER CANCFI I. ATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION / - - THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 WRITTEN DATE THEREOF CITY OF DENTON , 9028 TEXAS STREET NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL DENTON, TX 76209 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTAT yye RH y r~ / ACORD 25120011081 - AcOHU Cunrunw I IUN T Uuu