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2007-089
ORDINANCE NO. 2 dD''7 - OQJ 9 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE RELOCATION OF THE MORSE STREET 18 INCH SANITARY SEWER FOR THE CITY OF DENTON; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 3750-MORSE STREET 18" SANITARY SEWER RELOCATION AWARDED TO JT DERSNER, INC. IN AN AMOUNT NOT TO EXCEED $218,612.75). 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 3750 J.T. Dersner, Inc. $218,612.75 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 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~_ day of ,2007. ,~ ~ PE R. McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: ~ _ l.L) APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: 4-OR id 3750 CONTRACT AGREEMENT STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT, made and entered into this 1st day of May 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 of the City of Irving, 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 3750- Morse Street 18" Sanitary Sewer Relocation in the amount of $218,612.75 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 prepazed by: City of Denton Engineerine staff .all of which aze 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, aiising 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 hazmless 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. ine CONTRACTOR hereby agrees to commence work on or aver the date estabiished 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 aze 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 i~the_ year and day first above written.~y> ATTEST ATTEST: City of Denton OWNER BY: /~ ' (SEAL) .~ C9~~- Q-PX Zn C CONTRACTOR ~ n - F ~ nacQ~ 1 ~ -~c~u-~. 20~ Sw~`na . ?X ~ ~. O -~ MAILING ADDRESS g~ a ~ u~ l ~ o~.~ ~ PHONE NUMBER u ~I ~ ~3 APPROVED AS TO FORM: Y ATTORNEY FAX Ni TMR$R BY: ~~L~ b'1cCQ~~ TITLE P/'rs e ~,s~~e s PRINTED NAME (SEAL) CA-3 Bond No.3-950-304 PERFORMANCE BOND STATE OF TEXAS COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS: That J.T. Dersner. Inc. whose address is 2101 E. Shad G ve Irvin TX 75060 hereinafter called Principal, and West American Insurance Company , a corporation organized and existing under the laws of the State of Indiana ,and fully authorized to transact business in the State of Texas, as Surety, aze held and firmly bound unto the City of Denton n, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called Oyy~~rrtter, in the penal sum of wo Hundred Ei teen Thousand Six Hundred Twelve and 75/100~OLLARS ( 218 612.75 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 idenfified 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 Plumber 2007-089, with the City of Denton, the Owner, dated the 1 day of Mav A.D. 2007 a copy of which is hereto attached and made a part hereof, for Bid 3750 Morse Street 18" Sanitary Sewer Relocation/ NOW, THEREFORE, if the Principal shall well, tmly 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 appeaz within a period of two (2) yeazs from the date of fmal 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';o 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, Vemon's Annotated Civil Statutes of the State of Texas. IN WITNESS WHEREOF, this instrument is executed in 4 co es, each one of which shall be deemed an original, this the 1st day of May 2007 ~ . ATTEST: PRINCIPAL V ~~ J. T. Dersner, Inc. r (~ S TARY BY: PRESIDENT ATTEST: SURETY v ~01 /~ West American Insurance Company BY: ATTORNEY-IN-FACT Carol Goodenough The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is: NAME: Ray Watson Mullis STREET ADDRESS: 16600 Dallas Hurst, LP Dallas TX 75248 Ste (NOTE: Date of Performance Bond must be date of Contract. If Resident Agent is not a corporation, give a person's name.) PB-2 ~~ 5 Bond No. 3-950-304 PAYMENT BOND STATE OF TEXAS COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That J.T. Dersner. Inc whose address is 2101 E. Shad Grove Irvin Texas 75060 ,hereinafter called Principal, and West American Insurance Company a corporation organized and existing under the laws of the State of Indiana ,and fully authorized to transact business in the State of Texas, as Surety, aze 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 fimtish materials for, or perform labor upon, the building or improvements hereinafter referred to, n the penal sum of Two dyed Ei hteen Thousand Six Hundred Twelve Dollars and 75/100 ~GLLAR$ ($ 218 612.75 m lawful money of the United States, to be paid in Denton, County, Texas, for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement which reduces the Contract price decrease the penal sum of this Bond. THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain Contract, identified by Ordinance umber 2007-089, with the City of Denton, the Owner, dated the 1 day of Mav A.D. 2007 a copy of which is hereto attached and made a part hereof, for Bid 3750 Morse Street 18" Sanitary Sewer Relocation./ NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties and make prompt payment to all persons, funs, 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 acfion 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 Ute 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, Vemon'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 1st day of May 2007., ATTEST: B S T ATTEST: BY: .r rv`~.. PRINCIPAL J. T. Dersner. Inc. BY: SIDENT SURETY ,~ West American Insurance CompSny BY: t ATTORNEY-IN-FACT O ~ Carol Goodenough The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the ' process is: 1~]A]~E; Ray Watson Mullis Newby Hurst, LP STREET ADDRESS: ~ 6600 Dallas Pkwy., Ste 300, Dallas TX 75248 (11FOTE.• Date of Payment Bond must be date of Contract. If Resident Agent is not a corporation, give a person's name.) PB-4 \~ y t~ CERTIFIED COPY OF POWER OF ATTORNEY THE OHIO CASUALTY INSURANCE COMPANY WEST AMERICAN INSURANCE COMPANY No. 3&930 Know All Men ~q These Presents: That THE OMO CASUALTY MSURANCE COMPANY, an Ohio Corporazion, and WEST AMERICAN INSURANCE COMPANY(an Indiana Corporation, pursuant m the authority granted by Article III, Section 9 of the Code of Regulaions and By-laws of Th~~Ohio Casualty Insurance Company end Wcst American Insurance Company, do hereby nominate, canstimte and eppoinC Ray Watson, Coral GaodenoughsafDebbie Smith of Rieharasoo, Tens its we and lawful agent (s) and attorney (s)•in-fact, N make, execute, seal and deliver for and on its behalf as surety, and as its act and / decd any and all BONDS, UNDERTAKINGS, and RECOGNIZANCES, not exceeding in any single instance TEN MILLION (510,000,000.00) DOLLARS„/ excluding, however, any bond(s) or undertaking(s) guaranteeing the payment of notes and interest thereon And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, es fully and amply, m all in[rnfs and purposes, as if Ney teed been duly executed and acknowledged by Ne regularly elected officers of the Companies az their administrative offices in Fairfield, Ohio, in their own proper persons. The authority granted hereunder supersedes any previous authority heremfore granted Nc above named attomey(s}in•faM. N WITNESS WHEREOF, the undersigned officer of the said The Ohio Casualty Insurarrce Company and West American Insurance Company has hereunm subscribed his name and affixed the Coporare Seal of each Company this 26th day of September, T005 ~j SEAL .~ ,. SEAL ,~ RR ~R ~. N~^'~ Sam Lawrence, Assistant Secretary STATE OF OHIO, COUNTY OF BUTLER On this 26th day of September, 2005 before the subscriber, a Notary Public of the State of Ohio, in and for the County of BuOer, duly commissioned end qualified, came Sam Lawrence, Assistant Secretary of Ttff OHIO CASUALTY INSURANCE COMPANY and WEST AMERICAN INSURANCE COMPANY, to the personally known m be the individual and officer described in, and who executed the preceding instrument, and he acknowledged the exxution of the same, end being by me duly sworn deposes and says Nm he is the officer of the Companies aforesaid, end Naz the seals affixed m the preceding instmmrnt are the Corporate Seals of said Companies, and the said Corporate Seals end his signamrc as offices were duly affixed and subscrihed to the said insWment by the authority and direction of Ne said Corporations. M TESTIMONY WHEREOF, I have hereunm set my hand and affixed my OtTicial Seal at the City otHamilton, Sm[c of Ohio, Ne day and year firs[ above written. ad ~,~ f Notary Public in and for County of BuOer, Slate of Ohio My Commission expires August 6, 2007. This powu of attorney is gmn[ed under end by authority of Article B4 Section 9 of the Code of Regulation and By-Laws of The Ohio Casualty Insurance Company and West American Insurance Company, extracts from which reed: Article BI, Section 9. Aooointmrnt of A[tomevs•in•FacL The Chairman of the Board, the President, any Vice-President, the: Serretary or any Assistant Secretary of the cerpormion shell be end is hereby vested with full power and authority m appoint attona;ys•in-fact for the purpou of signing the name of the wrpoiation as surety to, and to execute, attach the seal of the corporation to, acknowledge and deliver any and all bonds, recognirariees, stipulations, undertakings or othtt inswmrnrc of suretyship and policies of inurance N be given in favor of any individual, firm, corporation, partnership, limited liability company or other entity, or the official rcprGaenmtive thereof, or m any county or stare, or any oftcial board err boards of arty county or smte, or the United States of America or any agency thereof, or to any othtt political subdivision thereof This instrument is signed and waled n euNorized by the following resolution adopted by the Boards of Directors of the Companies on Octobtt 21, 2004: RESOLVED, That the signazure of any officer of Ne Compnny authorised under Article IB, Section 9 of its Code of Regulations and By-laws and the Company seal may be affixed by facsimile m any power of attorney or copy Hereof issued on behalf of the Company m make, execute, seal and deliver for and on its behalf as surety any and all bonds, undertakings or other writtrn obligation in Ne nature thereof; to prescribe their respective duties and the respective limits ottheir authority; and to revoke any such appoinunent Such signatures and seal ere hereby adopted by Ne Company as original signamra and seal and shall, with respect m any bond, undertaking or other written abligazion in the nature thereof m which it is artached, be valid and binding upon the Company with the same force and effect n though manually affixed. CER7Q~'ICATE 1, the undersigned Assistant Secretary of'Ihe Ohio Casualty Insurance Company end West American Insurance Company, do hereby certify than the foregoing power of attorney, the referenced By-laws of the Companies and the above resolution of their Boards of Directors are tme and coned copies and are in full force and effect on this deco. M WITNESS WHEREOF, I have hereunto u[ my hand and the seals of the Companies Nis 1St day of MeY , 200 pp ~EA ~ ~j//(/ / ~ ai~ SEAL .p a~~~"' L f• `~LI~Ir~ V// Assistant Secretary 9,~~~ A Member of www rrVl oxio usourr orour West American Insurance Company 9450 Sewazd Road, Fairfield OH 45014 1-800-843-6446 TEXAS IMPORTANT NOTICE To obtain information or make a complaint: You may call The Ohio Casualty Group's toll-free telephone number for information or to make a complaint at 1-800-843-6446 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at 1-800-252-3439 You may write the Texas Department of Insurance P. O. Box 149104 Austin, TX 78 7 1 4-9 1 04 FAX # (512) 475-1771 PREMNM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the agent or The Ohio Casualty Group of Insurance Companies first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. TEXAS AVISO IMPORTANTE Paza obtener information o pars someter una queja: Usted puede Ilamar al numero de telefono gratis de Ohio Casualty Group's paza information o para someter una queja a] 1-800-843-6446 Puede comunicazse con el Departamento de Seguros de Texas para obtener information acerca de companias, coberturas, derechos o quejas al 1-800-252-3439 Puede escribir al Departamento de Seguros de Texas P. O. Box 149104 Austin, TX 78714-9104 FAX # (512) 475-1771 DISPUTAS SOBRE PRIMAS O RECLAMOS: Si tiena una disputa concemiente a su prima o a un reclamo, debe comunicarse con el agente o la Ohio Casualty Group of Insurance Companies primero. Si no se resuelve la disputa, puede entonces comunicarse con el departamento (TDI) UNA ESTE AVISO A SU POLIZA: Este aviso es solo para proposito de information y no se convierte en pane o condition del documento adjunto. NP 70 68 09 O I 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 notfcation of bid award, Contractor shall frle 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 MATERL4LLY CII~INGE 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 WRITTENNOTICE IS REQUIRED". • Should any of the required insurance be provided under aclaims-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 afer 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 speciftcations 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 cunent 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 Fonn 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. [ ] guilders' 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 appeaz. [) Commercial Crime Provides coverage for the theft or disappeazance of cash or checks, robbery insideloutside 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 aze required. [ ] Additional Insurance Other insurance may be required on an individual basis for extra hazazdous 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 govemmental 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 regazdless 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 awazded 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 govemmental 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 aze required to be covered, and stating how a person may verify coverage and report lack of coverage. I. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all. employees of the person providing services on the project, for the duration of the project; (3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain from each other person with whom it contracts, and provide to the contractor: (a) a certificate of coverage, prior to the other person beginning work on the project; and (b) anew 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. Project Name Morse St. Sanitary Sewer Relocation Base Bid -Route 3 BID TABULATION SHEET Work Days 75 Bid No. P.O. No. Item Description Quantity Unit Unit Price Total 103.1 Contractors Warranties and Understandings 1 LS $ ,~. / LS $ 7 ~. Unit Price In Words -~ 507-A 18" PVC Sanitary Sewer Pipe -Unpaved 1010 LF $ ~ / LF Unit Price In Words ,( 507-B 18" PVC Sanitary Sewer Pipe. -Paved 817 LF $ / 7- ~/ LF $ f-7 [QS70 Unit Price In Words ~ IS 507-C 8" ASTM D3034 SDR-35 Sanitary Sewer Pipe -Paved 15 ~ LF $ ~D / LF $ Ia-"15• Und Price In Words 507-D 6"ASTM D3034 SDR-35 Sanitary Sewer Pipe - Unpave 11 LF $ ~ U'O / LF $ I ~ • 0 Unit Price In Words ~ >( 502.10.4 4" Deep Sanitary Sewer Service 1 EA $ .~/ EA $q~j0 Unit Price In Words 801.5 Replacement Fencing, Gates and Barriers 1 LS $ ~ / LS $ ~M..CJ~ Unit Price In Words 803.2 Rock Gabions 13 SY $ ~/ SY $ ~ ~A Unit Price In Words 201 Temporary Erosion ConVol 1827 LF $ ~ / LF $pl ~yQ. Unit Price In Words 202.6.4.2 ~ Broadcast Seeding ~ 2300 SY $ ~~ / SY Unit Price In Words 202.5 - Block Sod ~q 194 SY $ 5. ~D / SY a / ~Q ~ Unit Price In Words 502.1-A 5' I.D. Concrete Manhole (0-6 ft deep) 9 EA $ ~ EA $~,s [Q Unit Price In Word SS03 Remove Existing Manhole 1 EA $ ~/ EA $ ~• Unit Price In Words Y 502.1-B Additional Manhole Depth > 6 feet 40 VF ~ $ / VF /yy~t $ Q Unit Price In Words SS02 Abandon Existing Manhole 8 EA $ ~ ~/ EA $ ® ~ Unit Price In Words r~ SSOl Cut and Plu Exis6n Sanita Sewer Line 4 EA $ ~ • / EA $ ~ .Unit Price In Words. - vO ~D 5 2/26/2007 - P-3 a 1 Project Name Morse St. Sanitary Sewer Relocation Base Bid -Route 3 BID TABULATION SHEET Work Days 75 Bid No. P.O. No. Item Description Quantity Unit Unit Price Total 801 Barricades, Warning Signs and Detours 1 " LS $~/ LS $ e Unit Price In Word 305.1 Concrete Curb and Gutter. 10 LF. $ ~ /ELF $ ~ ~ Unit Price In Words S - - 203.3-B Remove Concrete Curb & Gutter 10 LF ~ ((''~ $ .`"7"LF $ Unit Price fn Words 203.3-A Remove Concrete Sidewalk 3 SY $ ~ / SY $ UnR Price In Words 22 '' YJ 107.193 Excavation Protection 1827 LF $ ~ / LF $ Unit Price In Words 107.20. Pro'ect Si ns 2 EA $ ~ ~ / EA $ Unit Price In Words ~ 305.2 Concrete Sidewalk 3 SY $ / SY $ ~ Unit Price In Words 203.3 Pre aration of Ri ht of Wa 1 /~ LS $ -7 LS $ Unit Price In Words 507.4.4 Pi a Ada for Connection 2 EA $ / EA $ >n~l Unit Price In Words d`-~ 502.12.4 Core Into Existin Manhole 2 EA ' n $ / / EA $ i . Unit Price In Words SUBTOTAL BASE BID ~ , `~ 0 2/26/2007 P-4 d S BID SI7MMARY TOTAL BASE BID PRICE IN WORDS ~i a n rP~ P ~~-~ ~ ]n the event of the awazd of a contract to the undersigned, the undersigned will fiunish a performance bond and a payment bond for the full amount of the contract, to secure proper compliance with the temis and provisions of the contract, to insure and guazantee the work until final completion and acceptance, and to guarantee payment for all lawful claims for labor performed and materials furnished in the fulfillment of the contract. It is understood that the work proposed to be done shall be accepted, when fully completed and finished in accordance with the plans and specifications, to the satisfaction of the Engineer. The undersigned certifies that the bid prices contained in this proposal have been carefully checked and aze submitted as con•ect and final. Unit and lump sum prices as shown for each item listed in this proposal, shall control over extensions. The undersigned agrees this.bid becomes the property of the City of Denton after the official opening: The undersigned affirms that they aze duly authorized to execute this contract. Vendor hereby assigns to purchaser any and aii ciaims for overchazges associated with this contract which arise under the antitmst laws of the United States, 15. USCA Section 1 et sec., and which arise under the antitrust laws of the State of Texas, Tex. Bus. & Com. Code, Section 15.01, et sea.- P-5. Receipt is hereby aclmowledged of the followin g addenda to the plans and specifications: Addendum No. 1 dated _ 3'~.Q - ~ 1 Addendum No. 2 dated Received Received Addendum No. 3 dated Received Addendum No. 4 dated Addendum No. 5 dated Received Received CONTRAC OR BY `~ l /' < i ~IQI, ~%~ c~hQ~G~ Cln~ ~~- Streets _ `~x- 11~, TX~~~2to ~ City and State Seal & Authorization ~'~, (If a Corporation) ~ 1 ~' U a ~ " ~~[;~ (~ ~ Telephone P-6 CERTIFICATE OF INSURANCE ISSUE DATE (MM/DD/VV) Certificate # 57922 3541 05/16/07 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE ~ . DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. BONDS AND INSURANCE COMPANIES AFFORDING COVERAGE 16600 Dallas Parkway .Suite 300 . Dallas, Texas 75246 COMPANY A 972.20 LO100 . www.mnhins.com .Fax 972.201.0123 LETTER Ohio Casualty Insurance Company INSURED / COMPANY LETTER B Texas Mutual Insurance Company J T Dersner, Inc./ ~ LEnERNV C , 2101 E. Shady Grove Irving, TX 75060 `~\O. COMPANY D S (`/ LETTER COMPANY E LETTER COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANV REQUIREMENT, TERM OR CONDITION OF ANV CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS , EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAV HAVE BEEN REDUCED BV PAID CLAIMS. CO LTR 7ypE OF INSURANC POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS DATE (MMIIDD/VV) DATE (MNJDD/YV) GEN ERAL LIABILITY / ERAL AGGREGATE $ A COMMERCIAL GENERAL LIABILITY ~ BK03285665 `' 12/05/08 12/05/07 PRODUCTS-COMP/OPAGG $ CLAIMS MADE OCCUR . PERSONALSADV INJURY $ . OWNEPS&CONTRACTORS'PROT EACH OCCURRENCE $ Blanket Additional lnsured f FIRE DAMAGE An onefire $ MED. EXPENSE An one erson $ A AUT OMOBILE LIABI V ANV nuro / BA053295665/ 12/05/06 12/05/07 C INED SINGLE IMIT $ 1,000,000 ALL OWNED AUTOS BODILY INJURY g SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accitlent) GARAGE LIABILITY PROPERTY DAMAGE g A EXCESS LIABILITY EACH OCCURRENCE $ OOO X UMBRELLA FORM USO 53285661 12/05/06 12/05/07 AGGREGATE $ 2 000 000 OTHER THAN UMBRELLA FORM _ B WORKER'S COMPENSATION X ATUTORV LIMITS / AND ~ TSF0001144211 / Q4/23/0] OQ/23/0$ EACH ACCIDENT $ 1 OOg OOO EMPLOYERS' LIABILITY DISEASE-POLICY LIMIT $ 1 OOO OOO DISEASE-EACH EMPLOYEE $ 1 OO OOO A OTHER Rented/Leased Equipment BK053285665 12/05/06 12/OSI07 Limit $425,000 w/ $1,000,000 Aggregate $500 deductible Actual Cash Value DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS RE: Bid#3750-Morse Street 18" Sanitary Sewer Relocation t/ The City of Denton, its offcials, agents, employees 8 volunteers are listed as additional insureds to general liability (per form attached) 8 auto on a primary hasis~ CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Denton EXPIRATION E THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO ~ 901-B Texas Drive MAIL 30 A RITTEN NOTICETO THE CERTIFICATE HOLDER NAMEDTO THE Denton, TX 76209-4354 LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE K~~~/~ '~! i `~> COMMERCIAL GENERAL LIABILITY CG 84 75 12 03 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY MASTER PAK PLUS o FOR CONSTRUCTION (TEXAS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART INDEX SUBJECT PAGE BLANKET ADDITIONAL INSURED (OWNERS, LESSEES, CONTRACTORS OR LESSORS) 2 FIRE, LIGHTNING, EXPLOSION AND SPRINKLER LEAKAGE DAMAGE TO PREMISES YOU RENT 3 NON-OWNED WATERCRAFT 4 SUPPLEMENTARY PAYMENTS (BAIL BONDS) 4 PERSONAL AND ADVERTISING INJURY -ELECTRONIC PUBLICATION EXTENSION 5 AGGREGATE LIMITS (PER LOCATION) 5 AGGREGATE LIMITS (PER PROJECT) 5 VOLUNTARY PROPERTY DAMAGE COVERAGE 6 OFF PREMISES CARE, CUSTODY OR CONTROL COVERAGE 6 NEWLY FORMED OR ACQUIRED ORGANIZATIONS 7 DUTIES IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT 7 BODILY INJURY (MENTAL ANGUISH) 8 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS 8 MEDICAL PAYMENTS 8 BROAD NAMED INSURED 8 INCIDENTAL MALPRACTICE LIABILITY 8 PROPERTY DAMAGE-ELEVATORS 9 Includes copyrighted material of Insurance Services Office, Inc., with its permission. CG 84 75 12 03 © ISO Properties, Inc., 2003 Page 1 of 8 BLANKET ADDITIONAL INSURED (Owners, Lessees, Contractors or Lessors) (Includes aPrimary/Non-Contributory provision) Who Is An Insured -Section II is amended to include as an insured any person or organization whom you are required to name as an additional insured on this policy in a written contract or written agreement. The written contract or written agreement must be currently in effect or becoming effective during the term of this policy and executed prior to the "bodily injury," "property damage" or "personal and advertising injury." The insurance provided the additional insured is limited as follows: A. The person or organization is only an additional insured with respect to liability: 1. Arising out of real property, as described in a written contract or written agreement, that you own, rent, lease or occupy; or 2. Caused in whole or in part by your ongoing operations performed for that insured. The insurance provided the additional insured in 1.A.2. above does not apply to: a. Coverage A -Bodily Injury and Property Damage Liability, Coverage B -Personal and Ad- vertising Injury Liability or defense coverage under the Supplementary Payments arising out of an architect's, engineer's or surveyor's rendering of or failure to render any professional services including: -_ (1) The preparing, approving, or failing to prepare or approve maps, shop drawings, opin- ° ions, reports, surveys, field orders, change orders or drawings and specifications; and (2) Supervisory, inspection, architectural or engineering activities. b. "Bodily injury" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) were performed by or on behalf of the additional insureds) at the site where the covered operations have been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontrac- torengaged in performing operations for a principal as part of the same project. B. The limits of insurance applicable to the additional insured are those specified in a written contract or written agreement or the limits of Insurance as stated in the Declarations of this policy and defined in Section III -Limits Of Insurance of this policy, whichever are less. These limits are inclusive of and not in addition to the limits of insurance available under this policy. C. The insurance provided the additional insured does not apply to the liability resulting from the sole negligence of the additional insured. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CG 84 75 12 03 © ISO Properties, Inc., 2003 Page 2 of B D. As respects the coverage provided to the additional insured under this endorsement, Section IV- Conditions is amended as follows: t. The following is added to Condition 2. Duties In The Event Of Occurrence, Offense, Claim, or Suit: An additional insured under this endorsement will as soon as practicable: a. Give written notice of an "occurrence" or an offense, that may result in a claim or "suit" under this insurance to us; b. Tender the defense and indemnity of any claim or "suit" to all insurers whom also have insurance available to the additional insured; and c. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. 2. The following is added to Condition 3. Legal Action Against Us: We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a claim or "suit" from the additional insured. 3. The following is added to Paragraph a., Primary Insurance of Condition 4. Other Insurance: Ii the additional insured's policy has an Other Insurance provision making its policy excess, and a Named Insured has agreed in a written contract or written agreement to provide the additional insured coverage on a primary and noncontributory basis, this policy shall be primary and we will not seek contribution from the additional insured's policy for damages we cover. 4. The following is added to Paragraph b., Excess Insurance of Condition 4. Other Insurance: Except as provided in Paragraph 4. a. Primary Insurance as amended above, any coverage provided hereunder shall be excess over any other valid and collectible insurance available to the additional insured whether primary, excess, contingent or on any other basis. In the event an additional insured has other coverage available for an "occurrence" by virtue of also being an additional insured on other policies, this insurance is excess over those other policies. 2. FIRE, LIGHTNING, EXPLOSION AND SPRINKLER LEAKAGE DAMAGE TO PREMISES YOU RENT If Damage To Premises Rented To You under Coverage A is not otherwise excluded from this policy, the following applies: A. The last paragraph of 2. Exclusions of Section I - Coverage A is replaced by the following: If Damage To Premises Rented To You is not otherwise excluded, Exclusions c. through n. do not apply to damage by fire, lightning, "explosion" or sprinkler leakage to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section III -Limits Of Insurance. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CG 84 75 12 03 © ISO Properties, Inc., 2003 Page 3 of 8 B. Paragraph fi. of Section III -Limits Of Insurance is replaced by the following: 6. Subject to 5. above, the higher of $300,000 or the Damage To Premises Rented To You Limit shown in the Summary of Limits and Charges sertion of this policy is the most we will pay under Coverage A for damages because of "property damage" to premises rented to you or temporarily occupied by you with the permission of the owner arising out of any one fire, lightning, "explosion" or sprinkler leakage incident. C. Paragraph b.(1)(b) of Condition 4. Other Insurance (Section IV -Conditions) is replaced by the following: (1) That is tire, Lightning, Explosion or Sprinkler Leakage insurance for premises rented to you or temporarily occupied by you with the permission of the owner; D. Paragraph 9.a. of the definition of "insured contract" in Section V- Definitions is replaced by the following: 9. "Insured contract" means: a. A contract for the lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damages by fire, lightning, __ "explosion" or sprinkler leakage to premises while rented to you or temporarily occupied by you with the permission of the owner is not an "insured contract"; E. The following definition is added to Section V -Definitions: "Explosion" means a sudden release of expanding pressure accompanied by a noise, a bursting forth of material and evidence of the scattering of debris to locations further than would have resulted by gravity alone. "Explosion" does not include any of the following: 1. Artificially generated electrical current including electrical arcing that disturbs electrical devices, appliances or wires; 2. Rupture or bursting of water pipes; 3. Explosion of steam boilers, steam pipes, steam engines or steam turbines owned or leased by you, or operated under your control; or 4. Rupture or bursting caused by centrifugal farce. 3. NON•OWNED WATERCRAFT o Subparagraph g.(2) of Paragraph 2., Exclusions of Section I - Coverage A is replaced by the following: (2) A watercraft you do not own that is: "' (a) Less than 51 feet long; and (b) Not being used to carry persons or property for a charge; 4. SUPPLEMENTARY PAYMENTS In the Supplementary Payments - Coverages A and B provision: The limit for the cost of bail bonds in Paragraph 1.b. is changed from $250 to $1000. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CG 84 75 12 03 © ISO Properties, Inc., 2003 Page 4 of 8 5. PERSONAL AND ADVERTISING INJURY -ELECTRONIC PUBLICATION EXTENSION Paragraphs 14.b., d. and e. of Section V -Definitions are replaced by the following: b. Malicious prosecution or abuse of process; d. Oral, written, televised, videotaped or electronic publication of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services; e. Oral, written, televised, videotaped or electronic publication of material that violates a person's right of privacy; The following is added to Paragraph 74. "Personal and Advertising Injury" of Section V -Definitions: h. Discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is: (1) Not done intentionally by or at the direction o(: )a) An insured; or )b) Any "executive officer" director, stockholder, partner or member of the insured; and (2) Not directly or indirectly related to the employment, prospective employment or termination of employment of any person or persons by any insured. Subparagraphs b. and c. of 2., Exclusions of Section I - Coverage B -Personal And Advertising Injury Liability are replaced by the following: b. Material Published With Knowledge Of Falsity "Personal and advertising injury" arising out of oral, written, televised, videotaped or electronic publication of material, if done by or at the direction of the Insured with knowledge of its falsity; c. Material Published Prior To Policy Period "Personal and. advertising injury" arising out of oral, written, televised, videotaped or electronic publication of material whose first publication took place before the beginning of the policy pe- riod; Subparagraph e. of 2., Exclusions of Section I • Coverage B Personal And Advertising Injury Liability is deleted. 6. AGGREGATE LIMITS OF INSURANCE (PER LOCATION) The General Aggregate Limit under Section III Limits Of Insurance applies separately to each of your "locations" owned by or rented to you or temporarily occupied by you with the permission of the owner. "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. 7. AGGREGATE LIMITS OF INSURANCE (PER PROJECT) The General Aggregate Limit under Section III Limits Of Insurance applies separately to each of your projects away from premises owned by or rented to you. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CG 84 75 12 03 © ISO Properties, Inc., 2003 Page 5 of 8 8. VOLUNTARY PROPERTY DAMAGE COVERAGE At your request, we will pay for "loss" to property of others caused by your business operations. The most we will pay for this coverage is $500 each "occurrence." The "loss" must occur during the policy period. The "occurrence" must take place in the "coverage territory". "Loss" means unintended damage or destruction. "Lass" does not mean disappearance, abstraction or theft. This coverage does not apply to: -_ 1. Damage arising out of the use of any "auto"; -_ 2. Property you own, occupy, rent or lease from others; or 3. Property on your premises for sale, service, repair or storage. None of the other policy exclusions apply to this coverage. If the policy to which this endorsement-is attached is written with a property damage liability deductible, the deductible shall apply to Voluntary Property Damage. The limit of coverage stated above shall not be reduced by the amount of this deductible. = 9. OFF PREMISES CARE, CUSTODY OR CONTROL COVERAGE A. We will pay those sums that you become legally obligated to pay as damages because of "property damage" to personal property of others while in your or your "employees" care, custody or control or real property of others over which you or your "employees" are exercising physical conttol if the "property damage" arises out of your business operations. This Coverage is subject to sections B., C., D. and E. below. 8. Exclusions This insurance shall not apply to: 1. "Property damage" of property at premises owned, rented, leased, operated or used by you; 2. "Property damage" of property while in transit; 3. The cost of repairing or replacing: (a) Any of your work defectively or incorrectly done by you or by others on your behalf; or (b) Any product manufactured, sold or supplied by you, unless the "property damage" is caused directly by you after delivery of the product or completion of the work and resulting from a subsequent undertaking; or 4. "Property damage" of property caused by or arising out of the "products-completed operations hazard". C. Limits Of Insurance -The most we will pay for "property damage" under this Section 9. is $25,000 for each "occurrence". The most we will pay for the sum of all damages covered under this Section 9. because of "property damage" is an annual aggregate limit of $25,000. The Limits Of Insurance provided under this Section 9. are inclusive of and not in addition to any other limits provided in the policy or endorsements attached to it. D. Deductible - We will not pay for "property damage" in any one "occurrence" until the amount of "property damage" exceeds.$25O. If the policy to which this endorsement is attached contains a "property damage" deductible, that deductible shall apply ff it is greater than $250. E. In the event of "property damage" covered by this endorsement, you shall, if requested by us, replace the property or furnish the labor and materials necessary for repairs thereto at your actual cost, excluding profit or overhead charges. _ Includes copyrighted material of Insurance Services Office, Inc., with its permission. CG 84 75 12 03 © ISO Properties, Inc., 2003 Page 6 of 8 10. NEWLY FORMED OR ACQUIRED ORGANIZATIONS A. Paragraph 4. of Section II -Who Is An Insured is deleted and replaced by the following: 4. Any business entity acquired by you or incorporated or organized by you under the laws of any individual state of the United States of America over which you maintain majority ownership- interest exceeding fifty percent. Such acquired or newly formed organization will qualify as a Named Insured if there is no similar insurance available to that entity. However: a. Coverage under this provision applies only until the expiration of the policy period in which the entity was acquired or incorporated or organized by you. b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before the entity was acquired or incorporated or organized by you. c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before the entity was acquired or incorporated or organized by you. d. Records and descriptions of operations must be maintained by the first Named Insured B. This Section 10. does not apply to newly formed or acquired organizations if coverage is excluded either 6y provisions of the Coverage Part or by other endorsement(s) attached to it. 11. DUTIES IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT A. The requirements in Section IV -Conditions, Paragraph 2. a., that you must see to it that we are notified of an "occurrence" applies only when the "occurrence" is known to: 1. You, if you are an individual; 2. A partner, if you are a partnership; 3. A member or manager, if you are a limited liability company; 4. An executive officer or designee, if you are a corporation; 5. A trustee, if you are a trust; or 6. A designee, if you are any other type of organization. B. The requirements in Section IV -Conditions Paragraph 2.b. that you must see to it that we receive written notice of a claim or "suit" will not be considered breached unless the breach occurs after such claim or "suit" is known to: 1. You, it you are an individual; 2. A partner, if you are a partnership; 3. A member or manager if you are a limited liability company; 4. An executive officer or designee, if you are a corporation; 5. A trustee, it you are a trust; or 6. A designee, if you are any other type of organization. Knowledge of an "occurrence," claim or "suit" by the agent, servant or "employee" of any insured shall not in itself constitute knowledge of the insured unless an officer or designee shall have received notice from its agent, servant or "employee". Includes copyrighted material of Insurance Services Office, Inc., with its permission. CG 84 75 12 03 © ISO Properties, Inc., 2003 Page 7 of 8 12. BODILY INJURY • Paragraph 3. of the definition of "bodily injury" in the Section V -Definitions is replaced by the following: 3. "Bodily injury" means bodily injury, sickness or disease sustained by a person, including mental anguish or death resulting from any of these at any time. 13. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS We have the right to recover our payments from anyone liable for an injury covered by this policy. We will - not enforce our right against any person or organization for whom you perform work under a written = contract that requires you to obtain this agreement from us. o This agreement shall not operate directly or indirectly to benefit anyone not named in the agreement. - 14. MEDICAL PAYMENTS - If Coverage C Medical Payments is not otherwise excluded, the Medical Expense Limit provided by this - policy shall be the greater of: A. $10,000; or B. The amount shown in the Declarations. - 15. BROAD NAMED INSURED = Paragraph 2.a.(1)(d) of Section II -Who Is An Insured is replaced by the following: _ (d) Arising out of his or her providing or failing to provide professional health care services. However, this exclusion does not apply to nurses, emergency medical technicians or paramedics who are employed by you to provide medical or paramedical services to your employees. 16. INCIDENTAL MALPRACTICE LIABILITY Paragraph 3. of Section V -Definitions is replaced by the following: 3. "Bodily injury" means bodily injury, sickness, disease or "incidental medical malpractice" sus- tained by a person, including mental anguish or death resulting from any of these at any time. The following is added to Section V -Definitions: 23. "Incidental medical malpractice" means injury arising out of the negligent rendering or failure to render medical or paramedical services to persons by any physician, dentist, nurse, emergency medical technician or paramedic who is employed by you to provide such services to your em- ployees, provided you are not engaged in the business or occupation of providing any services referred to in this definition. 17. PROPERTY DAMAGE • ELEVATORS The following is added to Subparagraph j. of ~., Exclusions of Section I - Coverage A Bodily Injury And Property Damage Liability: Paragraphs (3) and (4) of this exclusion do not apply to damages that result from the use of elevators. All other terms and conditions of your policy remain unchanged. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CG 84 75 12 03 © ISO Properties, Inc., 2003 Page 8 of 8