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2007-120
FILE REFERENCE FORM 2007-120 X Additional File Exists Additional File Contains Records Not Public, According to the Public Records Act Other uate Order to Contract -Ordinance No. 2008-090 ~ 05/06/08 ~ J R ORDINANCE NO. ~0~~.~ ~~?D AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF THE ASPHALT AND CONCRETE STREET SECTIONS INCLUDING REPAIRS FOR THE CITY OF DENTON STREET DEPARTMENT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 3708- ANNUAL CONTRACT FOR ASPHALT AND CONCRETE STREET SECTIONS AND REPAIRS AWARDED TO JAGOE-PUBLIC COMPANY IN THE ESTIMATED CUMULATNE ANNUAL AMOUNT OF $1,500,000). 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 3708 Jagoe-Public Company Exhibit A 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 ofthe construction ofthe public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein. SECTION 4. Upon acceptance and approval 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 pursuantthereto. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the ~~~ day of >i/t,~ ,2007. PE R. McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: ~ LLB. APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: 3-ORD US i Exhibit A BID # 3708 DATE: May 10, 2007 Annual Contract for As halt and Concrete Street Sections and Repairs ITEM ANNUAL UOM-. DESCRIPTION QTY. Principle Place of Business: VENDOR Jagoe Public Co. Denton, TX 1 Cut and Remove 4" Concrete Sidewalk 1,000 SY 500 to 2000 SY $11.00 3,500 SY 2001 to 5000 SY $7.50 2 Replace 4" Concrete Sidewalk 1,000 SY 500 to 2000 SY $44.00 3,500 SY 2001 to 5000 SY $42.00 3 Cut and Remove 6" Concrete Pavement 1,000 SY 500 to 2000 SY $13.00 3,500 SY 2001 to 5000 SY $8.00 q Replace 6" Concrete Pavement 1,000 SY 500 to 2000 SY $55.00 3,500 SY 2001 to 5000 SY $53.00 5 Cut and Remove 8'° Concrete Pavement 1,000 SY 500 to 2000 SY $15.00 3,500 SY 2001 to 5000 SY $10.00 5 Replace 8" Concrete Pavement 1,000 SY 500 to 2000 SY $62.00 3,500 SY 2001 to 5000 SY - $57.00 Page 1 of 6 Exhibit A ANNUAL:. ITEM QTY UOM'. DESCRIPTION Principle Place of Business: VENDOR. Jagoe Public Co. Denton, TX 7 Cut and Remove SO" Concrete Pavement 1,000 SY 500 to 2000 SY $20.00 3,500 SY 2001 to 5000 SY $11.00 g Replace 10" Concrete Pavement 1,000 SY 500 to 2000 SY $75.00 3,500 SY 2001 to 5000 SY $64.00 9 Cut and Remove 24" Curb and Gutter 1,000 LF 500 to 2000 LF ~ $8.00 3,500 LF 2001 to 5000 LF $6.75 10 Replace 24" Curb and Gu[ter 1,000 LF 500 to 2000 LF $18.00 3,500 LF 2001 to 5000 LF $16.60 11 Cut and Remove 2" Asphalt 1,000 SY 500 to 2000 SY $4.25 3,500 SY 2001 to 5000 SY ~ $1.75 12 Replace 2" Asphalt 1,000 SY 500 to 2000 SY $12.00 3,500 SY 2001 to 5000 SY $7.50 13 Cut and Remove 3" Asphalt 1,000 SY 500 to 2000 SY $5.00 3,500 SY 2001 [0 5000 SY $2.00 Page 2 of 6 Exhibit A ITEM ANNUAL. UOM DESCRIPTION QTY. Principle Place of Business: VENDOR ]agoe Public Co. Denton, TX 14 Replace 3" Asphalt 1,000 SY 500 to 2000 SY $14.00 3,500 SY 2001 to 5000 SY $10.50 15 Cut and Remove 4" Asphalt 1,000 SY 500 to 2000 SY $5.00 3,500 SY 2001 to 5000 SY $2.00 16 Replace 4" Asphalt 1,000 SY 500 to 2000 SY ~ $17.00 3,500 SY 2001 to 5000 SY ~ $13.00 17 Cut and Remove 5" Asphalt 1,000 SY 500 to 2000 SY $5.50 3,500 SY 2001 to 5000 SY $2.50 18 Replace 5" Asphalt 1,000 SY 500 to 2000 SY ~ $20.00 3,500 SY 2001 to 5000 SY $16.00 19 Cut and Remove 6" Asphalt 1,000. SY 500 to 2000 SY $5.75 3,500 SY 2001 to 5000 SY ~ $3.50 20 Replace 6" Asphalt 1,000 SY 500 to 2000 SY $23.00 3,500 SY 2001 to 5000 SY $19.00 Page 3 of 6 Exhibit A ANNUAL . ITEM QTY UOM 'DESCRIPTION Principle Place of Business: VENDOR'~~ Jagoe Public Co. Denton, TX 21 Cut and Remove 7" Asphalt 1,000 SY 500 to 2000 SY $6.00 3,500 SY 2001 to 5000 SY ~ $3.75 22 Replace 7" Asphalt 1,000 SY 500 to 2000 SY $25.00 3,500 SY 2001 to 5000 SY ~ $22.00 23 Cut and Remove 8" Asphalt 1,000 SY 500 to 2000 SY ~ $6.50 3,500 SY 2001 to 5000 SY $q.50 24 Replace 8" Asphalt - 1,000 SY 500 to 2000 SY $29.00 3,500 SY 2001 to 5000 SY ~ $25.00 25 Cut and Remove 10" Asphalt 1,000 SY 500 to 2000 SY $7.00 3,500 SY 2001 to 5000 SY $5.50 26 Replace 10" Asphalt 1,000 SY 500 to 2000 SY $33.00 3,500 SY 2001 [0 5000 SY $29.00 27 Cut and Remove 12" Asphalt 1,000 SY 500 to 2000 SY $8.00 3,500 SY 2001 to 5000 SY $6.00 Page 4 of 6 Exhibit A ITEM ANNUAL ' UOM DESCRIPTION QTY. Principle Place of Business: VENDOR. Jagoe Public Co. Denton, TX 28 Replace 12" Asphalt 1,000 SY 500 to 2000 SY $39.00 3,500 SY 2001 to 5000 SY $35.00 29 1-100 EA Adjust Manholes to Finish Grade -All Manholes $350.00 30 1-100 EA Adjust Valves $190.00 31 1,000 SY Subgrade Stabilization - 6" 500 to 2000 SY $9.00 32 Lime Subgrade Stabilization - 8" 1,000 SY 500 to 2000 SY ~ $10.00 3,500 SY 2001 to 5000 SY ~ $4.50 33 Lime Subgrade Stabilization - 12" 1,000 SY 500 to 2000 SY $15.00 3,500 SY 2001 to 5000 SY $6.25 34 Cement Subgrade Stabilization - 8" 1,000 SY S00 to 2000 SY $11.00 3,500 SY 2001 [0 5000 SY $4.50 35 Cement Subgrade Stabilization - 12" 1,000 SY 500 [0 2000 SY $14.00 3,500 SY 2001 to 5000 SY ~ $6.00 36 Lime for Subgrade Stabilization - PH Series 200 TN 1 to 1000 TN $130.00 Page 5 of 6 Exhibit A ANNUAL ITEM QTY UOM DESCRIPTION Principle Place of Business: 'VENDOR` Jagoe Public Co. Denton, TX 37 Cement for Stabilization - Atterberg Limits 200 TN 1 to 1000 TN $130.00 38 700 LF Erosion Control -Silt Fence -Inlet Protection $3.00 39 750 SY Hydromulch $2.00 40 Unclassified Excavation 250 CY 1 to 500 CY $25.00 750 CY 501 to 999 CY $14.00 41 Compacted Fill to 95% 250 CY 100 to 500 CY $30.00 750 CY 501 to 1000 CY $24.00 42 Asphalt Base Failure Repair by SY-6" 250 SY 100 to 500 SY $50.00 1,000 SY 501 to 1500 SY $33.00 43 Asphalt Base Failure Repair by SY-8" 250 SY 100 to 500 SY $55.00 1,000 SY 501 to 1501 SY $40.00 Service can be performed within days from receipt of order: 7 Bid Bond Yes Addendum #1 ~ Yes Addendum #2 Yes *Prices shall be F.O.B. Denton Page 6 of 6 CONTRACT AGREEMENT STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT, made and entered into this 5 day of June 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 Jagoe Public Company Denton TX 76202 of the City of Denton, County of Denton, 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 3708- Annual Contract for Asphalt and Concrete Street Sections and Repairs in the amount of indefinite uuantity with no guaranteed minimums in the estimated amount of $1,500,000.00 and all extra work in connection therewith, under the terms as stated in the General Conditions of the agreement; and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the work specified above, in accordance with the conditions and prices stated in the Proposal and the Performance and Payment Bonds, attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), and Instructions to Bidders, as referenced herein and on file in the office of the Purchasing Agent, and in accordance with the plans, which includes all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepazed by: Citv of Denton staff 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 hazmless Owner during the performance of any of the terms and conditions of this Contract, whether azising 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 aze solely for the benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other person or entity. Choice of Law and Venue This agreement shall be governed by the law of the State of Texas and venue for its construction and enforcement shall lie in the courts of Denton County, Texas. The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in written notice to commence work and complete all work within the time stated in the Proposal, subject to such extensions of time as are provided by the General and Special Conditions. The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the Contract. CA-2 IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. ~ :~ _ Cit of Denton OWN BY: (SEAL) ATTEST U-`9E)e- ~~DI.L`~ ~ay4hy a CONTRACTORT- Jc~cp !~,tblic Co ox ~. ~.-i'uh Tr 7/,7(17 MAILING ADDRESS APPROVED AS TO FORM: Y ATTORNE 9Yo 38L 2S8/ PHONE NUMBER 9vo 3~Z~~3L_ F ER BY: - U. P TITLE Q; l l C~e~f` fir. PRINTED NAME (SEAL) CA-3 PERFORMANCE BOND Bond No. 4358234 STATE OF TEXAS COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That Jat;oe Public Co~hose address is P.O Box 250, Denton, TX 76202 hereinafter called Principal, and sureTec insurance company~orporation 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 Million and 0/100 DOLLARS ($1,000.000 ~) plus ten percent of the stated penal sum as an additional sum of money representing additional court expenses, attorneys' fees, and liquidated damages arising out of or connected with the below identified Contract, in lawful money of the United States, to be paid in Denton County, Texas, far 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. THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain Contract, identified by Ordinance Number 2007-120, with the City of Denton, the Owner, dated the 5 day of June A.D. 2007 / a copy of which is hereto attached and made a part hereof, for Bid 3708- Annual Contract for Asphalt and Concrete Street Sections and Repairs / This bid is for an annual price agreement for asphalt and concrete street sections. No one job is expected to go above $250,000. If it does, the successful vendor will be responsible for acquiring additional bonding if aggregate jobs are in excess of $500,000.00. Upon receipt of notice of acceptance of this bid, within thirty (30) days of the date of this proposal, the successful vendor agrees to execute the formal contract within fifteen (15) days thereafter, and to deliver an INSURANCE certificate, a PERFORMANCE BOND in the amount of $1,000,000 (One Million Dollars) for faithful performance of the contract and a STATUTORY PAYMENT BOND for $1,000,000 (One Million Dollars). NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill a]l 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 guazanty 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 hereafrer 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 hazmless 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. PROVIDED FURTHER, that if any legal action be filed upon this Bond, exclusive venue shall lie in Denton County, State of Texas. PB-1 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 `` copies, each one of which shall be deemed an original, this the stn day of June zoos ~/ ATTEST: BY: SECRET Y ATTEST: PRINCIPAL -~_ BY: 7 V i c tr PRESIDENT SURETY nn //// SureTec Insurance Company BY: M.C~r 2y0~/' Cindy Fowl. r, witnes s~-- - BY: ~ lX v . ATTO -IN-FAC Connie Jean Kregel The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process^ is: NAME: Jeff McIntosh, Allied North America Insurance Brokerage of Texas, LLC _ - ~'' STREET ADDRESS: Lvzo cnit Rd., see. Aso, Dallas, Tx ~szsl (NOTE: Date of Performance Bond must be date of Contract. if Resident Agent is not a corporation, give a person's name.) PB-2 ~~o~ 5~ PAYMENT BOND STATE OF TEXAS § COUNTY OF DENTON § Bond No. 4355234 KNOW ALL MEN BY THESE PRESENTS: That Jaeoe Public Co ~ , whose address is PO Box 250, Denton, TX 76202 ,hereinafter called Principal, and SureTec Insurance Company/ a corporation organized and existing under the laws of the State of Texas ,and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, and unto all persons, firms, and corporations who may furnish materials for, or perform labor upon, the building or improvements hereinafteL referred to, in the penal sum of One Million Dollazs and 0/100 DOLLARS ($ 1,000,000 / ) 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 2007-120, with the City of Denton, the Owner, dated the 5 day of June A.D. 2007~copy of which is hereto attached and made a part hereof, for Bid 3708- Annual Contract for Asphalt and Concrete Street Section and Repairs. This bid is for an annual price agreement for asphalt and concrete street sections. No one job is expected to go above $250,000. If it does, the successful vendor will be responsible for acquiring additional bonding if aggregate jobs aze in excess of $500,000.00. Upon receipt of notice of acceptance of this bid, within thirty (30) days of the date of this proposal, the successful vendor agrees to execute the formal contract within fifteen (15) days thereafter, and to deliver an INSURANCE certificate, a PERFORMANCE BOND in the amount of $1,000,000 (One Million Dollars) for faithful performance of the contract and a STATUTORY PAYMENT BOND for $1,000,000 (One Million Dollazs). 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. PB-3 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. 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 azising 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 a copies, each one of which shall be deemed an original, this the Sth day of .,,,,,e zoos ;/ ATTEST: BY: SECRE A Y PRINCIPAL Take- ~~ .~~;~ Cow oawv . . v ~ / - BY: .f3~ti~ ,~~ ~icE PRESIDENT ATTEST: SURETY ~~ J~ SureTec Insurance Company BY: ~ /~,,~ 17n Cindy Fowler, Witness / ~~ ,fin .p~ BY: lA / lY 1, ATTORN -IN-FAC - Connie Jean Kregel - ~ _ The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service'of the ' process is: ~ _ , NAME: Jeff McIntosh, Allied North America Insurance Brokerage of Texas, LLC STREET ADDRESS: Iz~~o cnit xa., see. Aso, Dallas, xx ~szsl (NOTE: Date of Payment Bond must be date of Contract. If Resident Agent is not a corporation, give a person's name.) PB-4 e 5P roA a: 4221003 SureTec insurance Company LIMITED POWER OF ATTORNEY Knaty All Men Gy These Presents, That SURETEC INSURANCE COMPANY the "Company"), a corporation duly organized and existing under the laws of the Stale of Texas, and having its principal of£ce in Houston, Harris County, Texas, does by these presents make, constitute and appoint L. Ray Pitts, Jr., Beverly M. Trimble, Richard M. Abbott, Steven Jay Rauch, Connie Jean Kregel!~Jeffrey Todd McIntosh of onnas. Texas its true and lawful Attomey(s)-in-fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to inchtdc waivers to the conditions of contracts and consents of surety, providing the bond penalty does not exceed - Five Million and no/100 Dollars ($5,000,000.00)/ and to bind the Con;pony thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal ofthe Company and duly attested by its Secretary, hereby ratifying and co finning all that the said Attorney(s)-in-Fact may do in the premises. Said appointment shall continue in force until .Iul 31 2008 and is made under and by authority of dte following resoluliats oC the Board of Directors of the Sure1'cc Insurance Company: - He it 2esolneJ, that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Scaclary shall. be and is hereby vested with full power and authority to appoint any one or more suitable persons as A[tomey(s)-in-Fact to represent and act (or 2nd nn bchnlCof [he Company subject to [he following provisions: Attorney-in-Fact may be given Cull power and authority for and in [he name o(and o(behalf oLthe Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnify and other conditional or obligatory undertakings and any anJ ali notices and docunsnts canceling or terminating [he Company'sliability thereunder, and any such instruments so executed by any such Attorney-in-Pact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. 13e i[ Resoh~ed, that the signature of any authorized officer and seal of the Company heretofore or hercaRer affixed to any power of attorney ur any certificate relating thereto by facsimilq and any power oC attomey or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting Held on 2d" ojdpri7, 1999) Gt I{'iuress 114rereaJ, SURE'fEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 20th day of June, A.ll. 2005. ~""'""'"w~. 'U2E'1'EC INS CE CO'.NYANY ydnANC"*r, `~,.........FO i of X f 9 3( 13y: ¢' "' n 13111 King, rc cnt Slate of Texas ss:. i `O :' =d County of Harris 'n ~w.;~„-,./~ f~' On this 20th day of June, AD. 2005 before me personally came Bill King, to me known, who, being by me duly sworn, did depose and say, that he resides in lious[on, Texas, [ha[ he is President of SUR ETEC INSURANCE COMPANY, the company described in and which executed the above instrument That he knows [he seal of said Company; thnt the seal affixed to said instrument is such corporate seal; [hat i[ was so affixed by order of the Board oC Directors o(said Company; and that he signed his name [hereto by like order- . Michelle Denny .r+Nw~, (dottay Pub110 I'VI Vv WI'1.CJ ~~'"""'"_(I _ • ~ Slate tN Texas ~„~a,~~ 11RY COtmnlsslon Expires il3ichcllc Denny, Notary Pub tc AUgUSf 2~, 2008 My cmnntission expires August 27, 2003 t M. Brent Beaty, Assistam Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a [rue and comer„ copy of ^ Power of Attomey, executed by said Company, which is still in Cull foroe and effect; and fur[hennore, the resolutions of the Board of Directors, set out in the Power of Atlorncy arc in full force and effect. - Given under ^ry hand and [he seal of said Company at Ilouston, Texas this y~~_1dn/ay~of~N l(/ , 20 ~~ 7 , A.D. ~// / MLLL. Brent Bea~~ nt Set re ry Any instrument issued in exce~:: of therpenalty staled c6^.•se is totally void and without any validity. For verification of the authority oEttiis power you may cal! (713) 812-0800'any business iiay between 8:00 am antl 5:00 pm CST. ~~a'~ ~~5Q SureTec Insurance Company THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION Statutory Complaint Notice To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or to make a complaint at 1-866-732-0099 You may also write to the Surety at'. SureTec Insurance Company 9737 Great Hills Trail, Ste. 320 Austin. TX 78759 You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints at 1-800-252-3439. You may write the Texas Department of Insurance at PO Box 149104 Austin, TX 78714-9104 Fax#: 512-475-1771 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance. Important Notice Regarding Terrorism Risk Insurance Act of 2002 The Bond to which this Rider is attached does not provide coverage for, and the surety shall not be liable for, losses caused by acts of terrorism, riot, civil insurrection, or acts of war. Exclusion of Liability for Mold, Mycotoxins, and Fungi l~he Bond to which this Rider is attached does not provide coverage for, and the surety thereon shall not be liable for, molds, living or dead fungi, bacteria, allergins, histamines, spores, hyphae, or mycotoxins, or their related products or parts, nor the remediation thereof, nor the consequences of their occurrence, existence, or appearance. Triple Rider with Mold Excl.dac rev. 11 03 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 notifcation 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 notiftcation that the contract has been accepted, approved, and signed by the City of Denton. AIZ 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 declazed 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 sepazately 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 (CITI~ EXCEPT WHEN THE POLICY IS BEING CANCELLED FOR NONPAYMENT OF PREMIUM IN WHICH CASE IO 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 yeazs 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 (XCi~ 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 azising 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 azise 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 aze 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 disappeazance 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. ATTACHMENTI [Xj 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 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 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. 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 yeaz thereafter; (6) notify the govemmental 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 pazagraphs (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 govemmental 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 ANNUAL CONTRACT FOR ASPHALT AND CONCRETE STREET SECTIONS AND REPAIRS UNIT OF ITEM Cd1ANT1TY MEASURE DESCRIPTION UMT PRICE 1 Cut and Remove 4" Concrete Sidewalk 1000 SY 500 to 2000 SY ((, 0 O 3500 SY 2001 to 5000 SY ~ , SO 2 Re ace 4" Conaete Sidewalk 1000 SY 500 to 2000 SY ~..~ ~ p o 3500 SY 2001 to 5000 SY ~ ~ . O 0 3 Cut and Remove 6" Concete Pavement 1000 SY 500 to 2000 SY c ~ 3.0 0 3500 SY 2001 to 5000 SY ~ $, 00 4 Replace 6" Concrete Pavemerd 1000 SY 500 to 2000 SY t SS 00 3500 SY 2001 to 5000 SY yar3_ o0 5 Cut and Remove 8" Conaete Pavement 1000 SY 500 to 2000 SY x ~ S, 00 3500 SY 2001 to 5000 SY j 0, 0 0' 6 .. . . .. .::.. . .. .. Replace 8" Concrete Pavement 1000 SY 500 to 2000 SY F a:: 00 ' ' 3500 SY 2001 to 5000 SY 57.0 0 PAGE 4 OF BID #3708 Bidders Initials CITY OF DENTON ANNUAL CONTRACT FOR ASPHALT AND CONCRETE STREET SECTIONS AND REPAIRS UNITOF ~ ~ .. _ . _ _. , _.. ~ _ t ITEM QUANTITY MEASURE DESCRIPTION UNIT PRICE 7 Cut and Remove 10" Concrete Pavement 1000 SY 500 to 2000 SY ; ao. o0 3500 SY 2001 to 5000 SY ~- - , 0 0 8 - Replace 10" Concrete Pavement 1000 SY 500 to 2000 SY 75, 00 3500 SY 2001 to 5000 SY - (p~ 00 9 Cutand Remove 24" Curb and Gutter .:. 1000.. LF __ 500 to 2000 LF tl $ , 00 3500 _ LF 2001 to 5000 LF (Q . 7S 10 Replace 24" Curb and (Etter 1000 LF 500 to 2000 LF D . (~, 00 3500 LF 2001 to 5000 LF ((p. (p0 11 Cut and Remove 2" AsphaR 1000 SY 500 to 2000 SY s , 2 S~ 3500 SY 2001 to 5000 SY : '~ (,'r ~ 12 ._ ....., ... ° Replace 2" Asphak ' ; ;.. ; , 1000 SY 500 to 2000 SY a ~, , o O 3500 SY 2001 to 5000 SY ~ ~~ ~O PAGE 5 OF BID #3708 Bidders lnitials`~_ CITY OF DENTON ANNUAL CONTRACT FOR ASPHALT AND CONCRETE STREET SECTIONS AND REPAIRS ITEM QUANTITY UNff OF-; MEASURE ,. ; DESCRIPTION ,; UNIT PRICE 13 Cut and Remove 3" As halt 1000 SY 500 to 2000 SY S, © O 3500 SY 2001 to 5000 SY ~a , 0 O 14 Re lace 3" As halt 1000 SY 500 to 2000 SY r , D o. 3500 SY 2001 to 5000 SY ~ 0 , S o 15 Cut and Remove 4" As halt 1000 SY 500 to 2000 SY ~; o O 3500 SY 2001 to 5000 SY ~ .0 O 16 .. Re lace 4" As halt 1000 SY 500 to 2000 SY ~ ~, p p 3500 SY 2001 to 5000 SY / . 00 17 Cut and Remove 5" As halt . 1000 SY 500 to 2000 SY ~~~ 50 3500 SY 2001 to 5000 SY ~, . Sd 18 Re lace 5" As halt 1000 SY 500 to 2000 SY R dm~~ 3500 SY 2001 to 5000 SY j /o . O O _. PAGE 6 OF BID #3708 Bidder's Initials !~~ CITY OF DENTON ANNUAL CONTRACT FOR ASPHALT AND CONCRETE STREET SECTIONS AND REPAIRS ITEM - `QUANTITY - ' 'MEASURE DESCRIPTION - ' . UNIT'PRICE 19 ~; .,_ ,... Cut and Remove 6" As halt ` ' 1000. SY 500 to 2000 SY S. 75" . 3500 SY 2001 to 5000 SY Y3 - S'D 20 Re lace 6" As haft 1000; SY - 500 to 2000 SY - - a.3 -. o tl 3500 SY 2001 to 5000 SY ~ q , p Q 21 Cut and Remove 7" As halt ' 1000 SY 500 to 2000 SY ~ , pp 3500 SY 2001 to 5000 SY ~` 3 -7S 22 Re lace 7" As halt 1000 SY 500 to 2000 SY as s, o 0 3500 SY 2001 to 5000 SY 1 ~, _ ro0 23 Cut and Remove 8" As halt 1000 _.,._ _ SY ,. 500 to 2000 SY '~(o, Stl 3500 SY 2001 to 5000 SY , ~p 24 Re lace 8" As halt .. 1000 - SY SOO.to 2000 SY ~ 9.00 ..: .....:.. 3500. _ ,.. SY ... 2001 to 5000 SY .~' 2S o0 `' PAGE 7 OF BID #3708 Bidder's Initials ' CITY OF DENTON ANNUAL CONTRACT FOR ASPHALT AND CONCRETE STREET SECTIONS AND. REPAIRS ';, ,~ _.. SST.',. ._....._ .__.. ...._..._ UNROF ffEIN QUANTITY MEASURE DESCRIPTION UNIT PRICE 25 Cut and Remove 10" As halt 1000 SY 500 to 2000 SY , 00 3500 SY 2001 to 5000 SY S, S2> 26 Re lace 10" As halt -1000 SY _.,_ _ 500 to 2000 SY .. _, 33.tio ' 3500 SY 2001 to 5000 SY :0 O 27 Cut and Remove 12" halt • 1000. SY 500 to 2000 SY _ S ,' 0 0 _ 3500 SY _. _ . _ 2001 to 5000 SY (p , 0 O 28 R lace 12" As halt tooo sv _ 50o to zooo sY _ 3 ,oo 3500 SY 2001 [0 5000 SY r S', dp 29 1-100 EA Ad'ustManholestoRnisFiGrade-AIIManholes 350.00 30 1-100 EA Ad'ust Valves QO .O o 31 1000 SY Su rode Stabilization - 6" 500 to 2000 SY ~, ~ 32 : 1000 3500 SY SY Lime Su rode Stabilisation - 8" - 500 to 2000 SY 2001 to 5000 SY PAGE 8 OF BID #3708 jo , 00 t ~ SO Bidders Initials CITY OF DENTON ANNUAL CONTRACT FOR ASPHALT AND CONCRETESTREETSECTIONS AND REPAIRS ITEM; C1JAN11TY UNIT'OF MEASURE "~- DESCRIPTION .UNRPRICE.. 33 Ume SJb acts Stabilization -12" __.. 1000 SY 500 to 2000 SY ~ !S".ao 3500 SY 2001 to 5000 SY j(o ZS 34 Cement Subgrade Stalliration - 8" 1000 SY. 500 to 2000 SY l ~ , OD 3500 SY 2001 to 5000 SY ~ , SO 35 Cemerd Subgrade Stabilzation -17' 1000 SY 500 to 2000 SY ~ , 00 3500 SY 2001 to 5000 SY ~ /p, QD 36 ._ Lime forSubcyadeStatilization- PH Series 200 TN 1 to 1000 TN 'i3o, 00 37 Cemert for Stabilization - Atterberg Limits Zoo TN 1 m 1oooTN /Jo. 00 38 700 LF Erasion Control-Sift Fence-Inlet Protection .~ ,3.00 39 750 SY dromulch #~2.Oo 40 Undassified Expvation 250 CY 1 to 5000Y a~~Ao 750 CY 501 to 999 CY D / , 00 - ' PAGE9 OF BID df3708 .Bidders Initials CITY OF DENTON ANNUAL CONTRACT FOR ASPHALT AND CONCRETE STREET SECTIONS AND REPAIRS Service can be performed within 7 days from~n3~c7eipt of order. Date: Signature of Authori Representative Co y Name PAGE 10 OF BIQ#3708 Bidder's Initials ACORD, CERTIFICATE OF LIABILITY INSURANCE DarE (MMIDD/TYYY) 6 22 2007 PRODUCER phone: 972-a55-1a0o Fax: 972-307-8837 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Allied North America Insurance ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 12770 Coit Road Suite 750 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR , ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Dallas TX 75251 INSURERS AFFORDING COVERAGE NAIC# INSURED / INSURER A:Travelers Llo ds Insurance Co 1262 ~ Jagoe-Public, Inca/ INSURER e:Travelers Pro Casualt Co. 5674 3020 Fort Worth ~ ,~ j Denton TX 76201 INSURER C:Arch S ecialt Insurance Com 1199 ~ yy ti ~~ 11 INSURER D:Charter Oak Fire Insurance Co 5615 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. OTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN$R TR DD'L N RD POLICY NUMBER POLICY EFFECTIVE PTE MM DD/Y POLICY E%PIRATION DAT MM D LIMITS A GENERAL LIABILIT C0492D371906 10~1~2006 10~1~2007 EACH OCCURRENCE E 1 OOO 000/ X COMMERCIAL GENERAL LIABILITY PREMISES Ea pccurence 8300 OOO CLAIMS MADE OCCUR MED EXP(Anypne person) 55 000 PERSONAL EADV INJURY E1 000 000 GENERAL AGGREGPTE $2 000 OOO GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGG f 2 OOO OOO POLICY X PRO- LOC $ gUT OMOBILE LIABILITY BA492D370706 10~1~2006 1D~1~2OD7 COMBINED SINGLE LIMIT X ANY AUTO (Ea acctlent) $ 1, OOO, OOO ALLOWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per parson) HIRED AUTOS BODILY INJURY $ NON~OWNED AUTOS (Per apCitlenl) PROPERTY DAMAGE $ (Per accitlent) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANV AUTO OTHER THAN EA ACC $ AUTO ONLY: qGG E C X E%CESSIUMBRELLA LIABILITY LP001024501 - 10/1/2006 10~1~2007 EACH OCCURRENCE $5 OOO 000 X OCCUR ~ CLAIMS MADE AGGREGATE E S OOO OOO DEDUCTIBLE $ RETENTION $ i $ D WORKERS COMPENSgTION AND B492D373206 10~1~2006 1D~1~2DD7 X TORY LIgMITS OER EMPLOYERS' LIABILITY ANY PROPRIETORRARTNERIE%ELUTIVE EL EACH ACCIDENT $ 1 OOO OOO OFFICERIMEMBER E%CLUDEDP E.L. DIBEABE-EA EMPLOYEE $ 1 OOO OOO ~~ Ilyes, tlescribe antler SPECIAL PROVISIONS below E.L. DISEASE-POLICYUMIT $1 OOO ODO OTHER DESCRIPTION OF OPERaT10N5I LOCATIONS I VEHICLES I E%CLUSIONS aODEO BY ENDORSEMENT/SPECIAL PROVISIONS erti Eicate Holder and its Officials, Agents Employees 6 Volunteers are recognized as Additional Insured on a primary, ncontc u ory basis under all policies certified above except Workers' Compensation, w Li c1T^~ dudes a Waiver of in favor of same, as required by written contract signed by the Named Insured. uch policies shall not be ancelled, nonrenewed or materially changed without 30 days advance written notice being given to the certificate older, except when tkle-policy is being cancelled for nonpayment of premium, in which case 10 days advance written otice is required City of Denton/ 901 B Texas Street Denton TX 76201 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE~HEREOF, THE ISBUING INSURER WILL ENDEAVOR TO MAIL 30 AY5 WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER. ITS AGENTS OR REPRESENTATIVES. HI.VKU LO (LUUIIUCI ©AU VKU G V NPUKAI I VN 798U IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.