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2005-326 ORDINANCE NO. .2 tJ(J5-.5 2. G AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE PURCHASE OF ASPHALT AND CONCRETE STREET SECTIONS AND REPAIRS FOR VARIOUS CITY DEPARTMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 3345-ANNUAL CONTRACT FOR ASPHALT AND CONCRETE STREET SECTIONS AND REPAIRS AWARDED TO THE LOWEST RESPONSIBLE BIDDER FOR EACH ITEM, JAGOE- PUBLIC COMPANY IN THE ANNUAL ESTIMATED AMOUNT OF $2,000,000). WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefor; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" on file in the office of the City Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items: BID NUMBER ITEM NO VENDOR AMOUNT 3345 1-24 .Tagoe-Public Company Exhibit A SECTION 2. By the acceptance and approval ofthe above numbered items ofthe submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to pur- chase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. SECTION 3. Should the City and the winning bidder(s) wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute a written contract in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents, and to extend that contract as determined to be advantageous to the City of Denton. SECTION 4. By the acceptance and approval ofthe above enumerated bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids. SECTION 5. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this / g- day of 'f It/tmJ/'A/ 2005. C~~~ EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY\~~ I ~Q 1:1:0, , ' APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER,-GITY-A:2Y BY~ - 3-0(JJ;}..B 3345 Exhibit A BID #: 3345 DATE:09j27j2005 Annual Contract for As halt and Concrete Street Sections and Re airs EST. ITEM ANNUAL UOM DESCRII'TION VENDOR TY. Jagoe-I'ublic Coml'any Principle Place of Business: Denton, TX 1 Remove and Replace 4" Concrete Sidewalk 1000 SY 500 to 2000 SY $63.00 3500 SY 2001 to 5000 SY $63.00 2 Remove and Replace 6" Concrete Pavement 1000 SY 500 to 2000 SY $75.00 3S00 SY 2001 to 5000 SY $65.00 3 Remove and Replace 8" Concrete Pavement 1000 SY 500 to 2000 SY $80.00 3500 SY 2001 to 5000 SY $70.00 4 Remove and Replace 10" Concrete Pavement 1000 SY 500 to 2000 SY $95.00 3500 SY 2001 to 5000 SY $90.00 5 Remove and Replace 24" Curb and Gutter 1000 IF 500 to 2000 LF $21.00 3500 LF 2001 to 5000 LF $21.00 6 Remove and Rel'lace 4" Asphalt 1000 SY 500 to 2000 SY $16.00 3500 SY 2001 to 5000 SY $14.50 7 Remove and Replace 7" Asphalt 1000 SY 500 to 2000 SY $25.00 3500 SY 2001 to 5000 SY $23.00 Exhibit A ITEM UOM DESCRIPTION VENDOIt Jagoe-Public Company Principle Place of Business: Denton, TX 8 Remove and Replace 12" Asphalt 1000 5Y 500 to 2000 5Y $45.00 3500 5Y 2001 to 5000 5Y $40.00 9 Adjust Manholes 1 - 100 EA Storm Water $375.00 1 - 100 EA Wastewater $375.00 10 1 - 100 EA Adjust Valves $190.00 11 Subgrade Stabilization - 6" 1000 5Y 500 to 2000 5Y $10.00 12 Lime Subgrade Stabilization - 8" 1000 5Y 500 to 2000 5Y $10.00 3500 5Y 2001 to 5000 5Y $4.25 13 Lime Subgrade Stabilization - 12" 1000 5Y 500 to 2000 5Y $14.00 3500 5Y 2001 to 5000 5Y $6.00 14 Cement subgrade Stabilization - 8" 1000 5Y 500 to 2000 5Y $10.00 3500 5Y 2001 to 5000 5Y $4.25 15 Cement subgrade Stabilization - 12" 1000 5Y 500 to 2000 5Y $14.00 3500 5Y 2001 to 5000 5Y $4.25 Exhibit A ITEM UOM DESCRIP:rION VENDOR Jagoe-Public Company Principle Place of Business: Denton, TX 16 o - 1000 TN Lime for Subgrade Stabilization - PH Series $125.00 17 o - 1000 TN Cement for Stabilization - Atterberg Limits $125.00 18 700 LF Erosion Control - Silt Fence $2.00 19 750 SY Hydromulch $5.00 20 Unclassified Excavation 1 - 500 CY $25.00 501 - 999 CY $17.00 21 Compacted Fill to 95% 250 CY 100 to 500 CY $32.00 750 CY 501 to 1000 CY $25.00 22 Removal of Concrete 250 SY 100 to 500 SY $25.00 750 SY 501 TO 999 5Y $18.00 1500 5Y 1001 to 2000 5Y $14.00 23 Removal of Asphalt 1000 SY 2" Asphalt 500 to 2000 5Y $5.00 1000 SY 4" Asphalt 500 to 2000 5Y $6.00 1000 5Y 6" Asphalt 500 to 2000 SY $6.50 1000 SY 8" Asphalt 500 to 2000 SY $7.00 1000 SY 10" Asphalt 500 to 2000 SY $7.50 1000 SY 12" Asphalt 500 to 2000 5Y $8.00 Exhibit A ITEM UOM DESCRIPTION Principle Place of Business: 24 Asphalt Base Failure Repair by SY 250 SY 100 to 500 SY 1000 SY 501 to 1500 SY Bid Bond Yes No Service can be performed within _ days from receipt of order. VENDOR Jagoe-Public Company Denton, TX $45.00 $38.00 Yes 3 CONTRACT AGREEMENT STATE OF TEXAS ~ COUNTY OF DENTON 9 THIS AGREEMENT, made and entered into this ~ day of November A.D., 2005, by and between Citv of Denton of the County of Dentonand State of Texas, acting through Michael A. Conduff thereunto duly authorized so to do, hereinafter termed "OWNER," and Jagoe Public Company PO Box 250 Denton. TX 76202 of the City of Denton, County of Denton, State of "CONTRACTOR." Texas , hereinafter termed WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by OWNER, and under the conditions expressed in the bonds attached hereto, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified below: Bid 3345- Annual Contract for Asphalt and Concrete Street Sections and Repairs in the amount of indefinite quantity with no guaranteed minimums not to exceed $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 prepared by: Citv of Denton staff all of which are referenced herein and made a part hereof and collectively evidence and constitute the entire contract. ,A CA-l Independent Status It is mutually understood and agreed by and between City and Contractor that Contractor is an independent contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas, for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, worker's compensation, or any other City employee benefit. City shall not have supervision and control of Contractor or any employee of Contractor, and it is expressly understood that Contractor shall perform the services hereunder according to the attached specifications at the general direction of the City Manager of the City of Denton, Texas, or his designee under this agreement. Indemnification Contractor covenants and agrees to and does hereby indemnify, hold harmless and defend, at its own expense, Owner, its officers, servants and employees, from and against any and all claims or suits for property loss or damage and/or personal injury, including death, to any and all persons, of whatsoever kind or character, whether real or asserted, arising out of the Work and services to be performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or invitees, whether or not caused, in whole or in part, by the alleged negligence of the officers, servants, employees, of the Owner. Contractor likewise covenants and agrees to, and does hereby, indemnify and hold harmless Owner during the performance of any of the terms and conditions of this Contract, whether arising out of in whole or in part, any and all alleged acts or omissions of officers, servants, or employees of Owner. The provisions of this paragraph are solely for the benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other person or entity. Choice of Law and Venue This agreement shall be governed by the law of the State of Texas and venue for its construction and enforcement shall lie in the courts of Denton County, Texas. The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in written notice to commence work and complete all work within the time stated in the Proposal, subject to such extensions of time as are provided by the General and Special Conditions. The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the Contract. CA-2 IN WITNESS WHEREOF, the parties of these presents have executed this agreeme~ year and day first above written. ~. ATTEST: ~ Citv of Denton OWNER . ByfJi(J.~ ~ (SEAL) ATTEST: ~ tJ7v~ ~ e:'1e.~'t ;:p.~ ~ ;>...'0\, c... CoM~()n'6 CONTRACT R Jago.ePubl\c.:CO. P.O. 80;( 250 D@nton T)(.76202 MAILING ADDRESS "'to - 3~k OlGS\ PHONE NUMBER RM: '1'10- '?:.f,;:).,- "17301 FAX fYMBER BY: '~izj{~.~ - V,j! . TITLE ~~ \\ C. "'f.e", PRINTED NAME (SEAL) CA- 3 PERFORMANCE BOND STATE OF TEXAS ~ COUNTY OF DENTON ~ KNOW ALL MEN BY THESE PRESENTS: That Jagoe Public Co~ose address is ../ P.O Box 250. Denton. TX 76202 hereinafter called PrinciJ!\ll, ancM \1(1T-i'~ In'lJ WIN1e ('cfr/Ulal/corporation organized and existing under the laws of the State of \-OX(\') 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, herei after called Owner, in the penal sum of Two Hundred Fifty Thousand and 0/100 DOLLARS 250000 plus ten percent of the stated penal sum as an additional sum of money representing additional court expenses, attomeys' fees, and liquidated damages arising out of or connected with the below identified Contract, in lawful money of the United States, to be paid in Denton County, Texas, for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain Contract, identified by Ordinance Number 2005-326, with the City of Denton, the Owner, dated the Lday of November A.D. 2005 v-:' a copy of which is hereto attached and made a part hereof, for Bid 3345- 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 $250,000 (Two Hundred Fifty Thousand Dollars)~ faithful performance of th5-contract and a STATUTORY PAYMENT BOND for $250,000 (Two Hundred Fifty Thousand Dollars). ,/ NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfIll all of the undertakings, covenants, terms, conditions and agreements of said Contract in accordance with the Plans, Specifications and Contract Documents during the original term thereof and any extension thereof which may be granted by the Owner, with or without notice to the Surety, and during the life of any guaranty or warranty required under this Contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby waived; and, if the Principal shall repair and/or replace all defects due to faulty materials and workmanship that appear within a period of one (1) year from the date of final completion and final acceptance of the Work by the Owner; and, if the Principal shall fully indemnify and save harmless the Owner from all costs and damages which Owner may suffer by reason of failure to so perform herein and shall fully reimburse and repay Owner all outlay and expense which the Owner may incur in making good any default or deficiency, then this obligation shall be void; otherwise, it shall remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed upon this Bond, exclusive venue shall lie in Denton County, State of Texas. PB-I 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 sarne, 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 whorn any requisite notices may be delivered and on whorn 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 ofthe State of Texas. IN WITNESS WHEREOF, this instrument is executed in U copies, each one of which shall be deerned an original, this the -l":L day of j\ \ It:i:rrb2.( ,;;o05~ ATTEST: PRINClP AL BYt~~ SECRE AR :~~9-~ J<>?" R.'l)I;. c.a:..t"'^Y BY: ~~~ /" V I<t PRESIDE SURETY 8llr~JCC' Iml trnn~eJf.IffYlf'l/ By:(l ~\ \):\ \\1 \)\\JJ) ATTORNEY-IN-FACT l'/1rJ3I-l/12 m UIS The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is: NAME: l.OJ Ii:) O~) 10 ;((jS, I nfl. STREET ADDRESS: 1'12,5'') A llf' ) R(/)r/. 3k 'lCO f)()jll~), 7;r 7c5;lI/() , I (NOTE: Date of Performance Bond must be date of Contract. If Resident Agent is not a corporation, give a person's name.) PB-2 ct~s \loA 5 f PAYMENT BOND STATE OF TEXAS 9 COUNTY OF DENTON 9 KNOW ALL MEN BY THESE PRESENTS: That Jagoe Public CO.../ , whose address is PO Box 250. Denton.. TX 76202 , hereinafter called Principal, and ~ Urn(l 11l"ll uq ()~~m Vn m V , a corporation organized and existing under the laws of the State of j?-X _ ' , 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 herein:yter referred to, in the penal sum of Two Hundred Fiftv Thousand Dollars and 0/100 DOLLARSl(S-250.000 V ) 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 2005-326, ~th the City of Denton, the Owner, dated the --L- day of November A.D. 2000 copy of which is hereto attached and made a pap--hereof, for Bid 3345- Annual Contract for Asphalt and Concrete Street Section and Repairs.v 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 $250,000 (Two Hundred Fifty Thousand Dollars) for faithful performance of the contract 3Pd a STATUTORY PAYMENT BOND for $250,000 (Two Hundred Fifty Thousand Dollars). V 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 tiroe, 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 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 ~ copies, each one of which shall be deemed an original, this the -1'1- day of Lf1fD:ll:X::r-, ,.!J.y'fj"C(' ATTEST: PRINCIPAL BY ~ ~~^ SEC ARY Tc.~oe.. - ?",Io \.. ( C.OM~oJ\" BY: ~7fLt.~ V"J' Vr(t:PRESIDENT :~;~ SURETY ~\ upTor \\\'~I\ r(\ nOli ~fXl.Ot- By:C\m\rinilL \)('\(1)') ATTORNE)::.~IN-FACT 0IY(6\U):' LnlJ\5 The Resident Agent ofthe Surety in Denton County, Texas for delivery of notice and service of the process IS: NAME: (0 LLIQ, r:l Joxm .!fI(! . STREET ADDRESS: i'J,3'-?5 1t})?1 /2corf 8!t/IM, Q:r 1/(;;>;. 1Y 7'5:;J(jiJ (NOTE: Date of Payment Bond must be date of Contract. If Resident Agent is not a corporation, give a person's name.) PB-4 D~~ \J-\~ SureTec Insurance Company THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION Statutory Complaint Notice To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or to make a complaint at 1-866-732-0099 You may also write to the Surety at SureTec Insurance Company 5000 Plaza on the Lake, Suite 290 Austin, TX 78746 You may contact the Texas Department of Insurance to obtain Information on companies, coverage, rights or complaints at 1-800-252-3439. You may write the Texas Department of Insurance at PO Box 149104 Austin, TX 78714-9104 FaX#: 512-475-1771 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ---------------..---------------------------------------------------------------.----.----- Important Notice Regarding Terrorism Risk Insurance Act of 2002 In accordance with the Terrorism Risk Insurance Act of 2002 (the "Acl"), this disclosure notice is provided for surety bonds on which one or more of the following companies is the issuing surety: SureTec Insurance Company, U. S. Specialty Insurance Company, and any other company that is added to SureTec Insurance Company for which surety business is underwritten by SureTec Insurance Company ("Issuing Sureties"). The premium attributable to any bond coverage for "acts of terrorism" as defined in Section 102(1) of the Act is Zero Dollars ($O.OO). The United States will reimburse the Issuing Sureties for ninety percent (90%) of any covered losses from terrorist acts certified under the Act exceeding the applicable surety deductible. The actual coverage provided by your bond for acts of terrorism, as is true for all coverages, is limited by the terms, conditions, exclusions, penalties, limits, other provisions of your bond and the underlying contract, any endorsements to the bond and generally applicable rules of law. This Important Notice Regarding Terrorism Insurance Risk Act of 2002 is for informational purposes only and does not create coverage nor become a part or condition of the attached document. -.-.----------------------------------------------------------------------------------------- Exclusion of Liability for Mold, Mycotoxlns, and Fungi The Bond to which this Rider is attached does not provide coverage for, and the surety thereon shall not be liable for, molds, living or dead fungi, bacteria, 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. Rev. 11.11.2003 POA#: 4221109 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY~"company")' a corporatio~ duly urganized and existing un~er the laws o~ the State of Texas, and having its principal office in Houston, Harris C~ty. Texas, does by these presents make, constItute and appomt Jeff McIntosh, Rosemary Weaver; Christine Davis~. Gregory Stitts of Dallas 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, Wldertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety, providing the bond penal~oes not exceed Five Million and no/IOO Dollars ($5,000,000.00) V and to bind the Company tbereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confIrming all that the said Attomey(s)-in-Fact m1Y do in the premises. Said appointment shall continue in force until Mav 31. 2007 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint anyone or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or tenninating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter aff1xed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 2eft of April, 1999) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 20th day of June, A.D. 2005. By: State of Texas County of Harris ss: e Mi==V . . 8laIe 01 Texas t,'""Jt My CclImlIsSIan EJcpIres 1f",~ August 27. 2008 Michelle Denny, Notary Pub lC My commission expires August 27,2008 1, M. Brent Beaty, Assistant Secretary ofSURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. Given under my hand a:ld the seal of said Company at Houston, Texas this \f') Any instr'~m8nllssued In excess of thtt penalty stated above Is totally void and without any validity. For verlfic....t1on of the authority of this power you may cali (713) 812.Q800 any business day between 8:00 am and 5:00 pm CST. ~~ \~f CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Bidder's attention is directed to the insurance requirements below. It is highly recommended that bidders confer with their respective insurance carriers or brokers to determine in advance of Bid submission the availability of insurance certificates and endorsements as prescribed and provided herein. If an apparent low bidder fails to comply strictly with the insurance requirements, that bidder may be disqualified from award of the contract. Upon bid award, all insurance requirements shall become contractual obligations, which the successful bidder shall have a duty to maintain throughout the course of this contract. STANDARD PROVISIONS: Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted work has been completed and accepted by the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter. As soon as practicable after notification of bid award, Contractor shall file with the Purchasing Department satisfactory certificates of insurance, containing the bid number and title of the project. Contractor may, upon written request to the Purchasing Department, ask for clarification of any insurance requirements at any time; however, Contractors are strongly advised to make such requests prior to bid opening, since the insurance requirements may not be modified or waived after bid opening unless a written exception has been submitted with the bid. Contractor shall not commence any work or deliver any material until he or she receives notification that the contract has been accepted, approved, and signed by the City of Denton. All insurance policies proposed or obtained in satisfaction of these requirements shall comply with the following general specifications, and shall be maintained in compliance with these general specifications throughout the duration of the Contract, or longer, if so noted: . Each policy shall be issued by a company authorized to do business in the State of Texas with an A.M. Best Company rating of at least A. . Any deductibles or self-insured retentions shall be declared in the bid proposal. If requested by the City, the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, its officials, agents, employees and volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. . Liability policies shall be endorsed to provide the following: .. Name as additional insured the City of Denton, its Officials, Agents, Employees and volunteers. .. That such insurance is primary to any other insurance available to the additional insured with respect to claims covered under the policy and that this insurance applies separately to each insured against whom claim is made or suit is brought. The inclusion of more than one insured shall not operate to increase the insurer's limit ofliability. . All policies shall he endorsed to read: "SAID POLICY SHALL NOT BE CANCELLED, NONRENEWED OR MATERIALLY CHANGE WITHOUT 30 DAYS ADVANCED WRITTEN NOTICE BEING GIVEN TO THE OWNER (CITY) EXCEPT WHEN THE POLICY IS BEING CANCELLED FOR NONPAYMENT OF PREMIUM IN WHICH CASE 10 DAYS ADVANCE WRITTEN NOTICE IS REQUIRED". . Should any of the required insurance be provided under a claims-made form, Contractor shall maintain such coverage continuously throughout the term of this contract and, without lapse, for a period of three years beyond the contract expiration, such that occurrences arising during the contract term which give rise to claims made after expiration of the contract shall be covered. . Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit providing for claims investigation or legal defense costs to be included in the general annual aggregate limit, the Contractor shall either double the occurrence limits or obtain Owners and Contractors Protective Liability Insurance. . Should any required insurance lapse during the contract term, requests for payments originating after such lapse shall not be processed until the City receives satisfactory evidence of reinstated coverage as required by this contract, effective as of the lapse date. If insurance is not reinstated, City may, at its sole option, terminate this agreement effective on the date of the lapse. SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: All insurance policies proposed or obtained in satisfaction of this Contract shall additionally comply with the following marked specifications, and shall be maintained in compliance with these additional specifications throughout the duration of the Contract, or longer, if so noted: [X] A. General Liability Insurance: General Liability insurance with combined single limits of not less than $ 500,000 shall be provided and maintained by the Contractor. The policy shall be written on an occurrence basis either in a single policy or in a combination of underlying and umbrella or excess policies. If the Commercial General Liability form (ISO Form CG 0001 current edition) is used: . Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual liability covering this contract and broad form property damage coverage. . Coverage B shall include personal injury. . Coverage C, medical payments, is not required. If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) is used, it shall include at least: . Bodily injury and Property Damage Liability for premises, operations, products and completed operations, independent contractors and property damage resulting from explosion, collapse or underground (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 $300.000 either in a single policy or in a combination of basic and umbrella or excess policies. The policy will include bodily injury and property damage liability arising out of the operation, maintenance and use of all automobiles and mobile equipment used in conjunction with this contract. Satisfaction of the above requirement shall be in the form of a policy endorsement for: . any auto, or . all owned, hired and non-owned autos. [X] Workers Compensation Insurance Contractor shall purchase and maintain Worker's Compensation insurance which, in addition to meeting the minimum statutory requirements for issuance of such insurance, has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 policy limit for occupational disease. The City need not be named as an "Additional Insured" but the insurer shall agree to waive all rights of subrogation against the City, its officials, agents, employees and volunteers for any work performed for the City by the Named Insured. For building or construction projects, the Contractor shall comply with the provisions of Attachment 1 in accordance with 9406.096 of the Texas Labor Code and rule 28TAC 110.110 of the Texas Worker's Compensation Commission (TWCC). [ ] Owner's and Contractor's Protective Liability Insurance The Contractor shall obtain, pay for and maintain at all times during the prosecution of the work under this contract, an Owner's and Contractor's Protective Liability insurance policy naming the City as insured for property damage and bodily injury which may arise in the prosecution of the work or Contractor's operations under this contract. Coverage shall be on an"occurrence" basis, and the policy shall be issued by the same insurance company that carries the Contractor's liability insurance. Policy limits will be at least combined bodily injury and property damage per occurrence with a aggregate. [ ] Fire Damage Legal Liability Insurance Coverage is required if Broad form General Liability is not provided or is unavailable to the contractor or if a contractor leases or rents a portion of a City building. Limits of not less than each occurrence are required. [ ] Professional Liability Insurance Professional liability insurance with limits not less than per claim with respect to negligent acts, errors or omissions in connection with professional services is required under this Agreement. [ ] Builders' Risk Insurance Builders' Risk Insurance, on an All-Risk form for 100% of the completed value shall be provided. Such policy shall include as "Named Insured" the City of Denton and all subcontractors as their interests may appear. [ ] Commercial Crime Provides coverage for the theft or disappearance of cash or checks, robbery inside/outside the premises, burglary of the premises, and employee fidelity. The employee fidelity portion of this coverage should be written on a "blanket" basis to cover all employees, including new hires. This type insurance should be required if the contractor has access to City funds. Limits of not less than each occurrence are required. [ ] Additional Insurance Other insurance may be required on an individual basis for extra hazardous contracts and specific service agreements. If such additional insurance is required for a specific contract, that requirement will be described in the "Specific Conditions" of the contract specifications. ATTACHMENT! [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 ofthe project - includes the time from the beginning ofthe 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 9406.096) - includes aJl persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as foodlbeverage vendors, office supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any overage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the Contractor providing services on the project, for the duration 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: (I) 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 proj ect. F. The contractor shall retain aJl required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shaJl 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 proj ect. H. The contractor shaJl post on each project site a notice, in the text, form and marmer 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 contractuaJly require each person with whom it contracts to provide services on a project, to: (I) provide coverage, based on proper reporting of classification codes and payroJl amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for aJl 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 aJl 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 proj ect; (4) obtain from each other person with whom it contracts, and provide to the contractor: (a) a certificate of coverage, prior to the other person beginning work on the project; and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self- insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. CITY OF DENTON ANNUAL CONTRACT FOR ASPHALT AND CONCRETE STREET SECTIONS AND REPAIRS 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 Contractorshall provide and maintain until the contracted work has been completed and accepted by the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter. As soon as practicable after notification of bid award, Contractor shall file with the Purchasing Department satisfactory certificates of insurance, containing the bid number and title of the project. Contractor may, upon written request to the Purchasing Department, ask for clarification of any insurance requirements at any time; however, Contractors are strongly advised to make such requests prior to bid opening, since the insurance requirements may not be modified or waived after bid opening unless a written exception has been submitted with the bid. Contractor shall not commence any work or deliver any material until he or she receives notification that the contract has been accepted, approved, and signed by the City of Denton. All insurance policies proposed or obtained in satisfaction of these requirements shall comply with the following general specifications, and shall be maintained in compliance with these general specifications throughout the duration of the Contract, or longer, if so noted: . Each policy shall be issued by a company authorized to do business in the State of Texas with an A.M. Best Company rating of at least A. · Any deductibles or self-insured retentions shall be declared in the bid proposal. If requested by the City, the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, its officials, agents, employees and volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. PAGE 33 OF BID #3345 CITY OF DENTON ANNUAL CONTRACT FOR ASPHALT AND CONCRETE STREET SECTIONS AND REPAIRS . 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 MA TERIALL Y CHANGE WITHOUT 30 DA YS ADVANCED WRITTEN NOTICE BEING GIVEN TO THE OWNER (CITY) EXCEPT WHEN THE POLICY IS BEING CANCELLED FOR NONPA YMENT OF PREMIUM IN WHICH CASE 10 DA YS ADVANCE WRITTEN NOTICE IS REQUIRED". . Should any of the required insurance be provided under a claims-made form, Contractor shall maintain such coverage continuously throughout the term of this contract and, without lapse, for a period of three years beyond the contract expiration, such that occurrences arising during the contract term which give rise to claims made after expiration of the contract shall be covered. ' . Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit providing for claims investigation or legal defense costs to be included in the general annual aggregate limit, the Contractor shall either double the occurrence limits or obtain Owners and Contractors Protective Liability Insurance. . Should any required insurance lapse during the contract term, requests for payments originating after such lapse shall not be processed until the City receives satisfactory evidence of reinstated coverage as required by this contract, effective as of the lapse date. If insurance is not reinstated, City may, at its sole option, terminate this agreement effective on the date of the lapse. PAGE 34 OF BID #3345 CITY OF DENTON ANNUAL CONTRACT FOR ASPHALT AND CONCRETE STREET SECTIONS AND REPAIRS 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 ~500,000 shall be provided and maintained by the Contractor. The policy shall be written on an occurrence basis either in a single policy or in a combination of underlying and umbrella or excess policies. If the Commercial General Liability form (ISO Form CG 0001 current edition) is used: · Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual liability covering this contract and broad form property damage coverage. · Coverage B shall include personal injury. · Coverage C, medical payments, is not required. Ifthe Comprehensive General Liability form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) is used, it shall include at least: · Bodily injury and Property Damage Liability for premises, operations, products and completed operations, independent contractors and property . damage resulting from explosion, collapse or underground (XCU) exposures. · Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability. [X] Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than $300,000 either in a single policy or in a combination of basic and umbrella or excess policies. The policy will include bodily injury and property damage liability arising out of the operation, maintenance and use of all automobiles and mobile equipment used in conjunction with this contract. Satisfaction of the above requirement shall be in the form of a policy endorsement for: . any auto, or . all owned, hired and non-owned autos. PAGE 35 OF BID #3345 CITY OF DENTON ANNUAL CONTRACT FOR ASPHALT AND CONCRETE STREET SECTIONS AND REPAIRS [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 9406.096 ofthe Texas Labor Code and rule 28TAC 110.110 of the Texas Worker's Compensation Commission (TWCC). [ ] Owner's and Contractor's Protective Liability Insurance The Contractor shall obtain, pay for and maintain at all times during the prosecution of the work under this contract, an Owner's and Contractor's Protective Liability insurance policy naming the City as insured for property damage and bodily injury which may arise in the prosecution of the work or Contractor's operations under this contract. Coverage shall be on an"occurrence" basis, and the policy shall be issued by the same insurance company that carries the Contractor's liability insurance. Policy limits will be at least $ combined bodily injury and property damage per occurrence with a .$ aggregate. [] Fire Damage Legal Liability Insurance Coverage is required if Broad form General Liability is not provided or is unavailable to the contractor or if a contractor leases or rents a portion of a City building. Limits of not less than each occurrence are required. [ ] Professional Liability Insurance Professional liability insurance with limits not less than $ per claim with respect to negligent acts, errors or omissions in connection with professional services is required under this Agreement. [] Builders' Risk Insurance Builders' Risk Insurance, on an All-Risk form for 100% of the completed value shall be provided. Such policy shall include as "Named Insured" the City of Denton and all subcontractors as their interests may appear. [ ] Commercial Crime PAGE 36 OF BID #3345 CITY OF DENTON ANNUAL CONTRACT FOR ASPHALT AND CONCRETE STREET SECTIONS AND REPAIRS Provides coverage for the theft or disappearance of cash or checks, robbery inside/outside the premises, burglary of the premises, and employee fidelity. The employee fidelity portion of this coverage should be written on a "blanket" basis to cover all employees, including new hires. This type insurance should be required if the contractor has access to City funds. Limits of not less than $ each occurrence are required. [ ] Additional Insurance Other insurance may be required on an individual basis for extra hazardous contracts and specific service agreements. If such additional insurance is required for a specific contract, that requirement will be described in the "Specific Conditions" of the contract specifications. PAGE 37 OF BID #3345 CITY OF DENTON ANNUAL CONTRACT FOR ASPHALT AND CONCRETE STREET SECTIONS AND REPAIRS ATTACHMENT 1 [X] Worker's Compensation Coverage for Building or Construction Projects for Governmental Entities A. Definitions: Certificate of coverage ("certificate")-A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in 9406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as 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: PAGE 38 OF BID #3345 CITY OF DENTON ANNUAL CONTRACT FORASPHAL T AND CONCRETE STREET SECTIONS AND REPAIRS 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 1 o 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 ofT exas Labor Code, Section 401.011 (44) for all of its employees providing services on the project, for the duration of the project; 2. provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; 3. provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 4. obtain from each other person with whom it contracts, and provide to the contractor: a. a certificate of coverage, prior to the other person beginning work on the project; and b. a new certificate of coverage showing extension of coverage, prior to the end PAGE 39 OF BID #3345 CITY OF DENTON ANNUAL CONTRACT FOR ASPHALT AND CONCRETE STREET SECTIONS AND REPAIRS 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 seryices 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. PAGE 40 OF BID #3345 Purchasing Department 901-8 Texas St. Denton, TX 76209 (940) 349-7100 www.dentonpurchasing.com Bid # 3345 Annual Contract For Asphalt and Concrete Street Sections and Repair Pre-Bid Meeting: September 13, 2005 10:00 A.M. BIDS DUE: September 27, 2005 2:00 P.M. Bid submitted by: T:~"e - jJ~/:G ro")tJO-?f Company Name NOTICE TO BIDDERS Sealed proposals addressed to the City of Denton, Purchasing Department, 901-B Texas Street, Denton, TX 76209 will be received at the office of the Purchasing Agent until 2:00 P.M., September 27, 2005 for the purchase of construction services as follows per bid instructions and specifications: BID #3345- Annual Contract for Asphalt and Concrete Street Sections and Repair PRE-BID is scheduled for September 13, 2005, in Purchasing Department's Conference Room, 901 B Texas St, Denton, Texas at 10:00 a.m. The bids will be publicly opened and read. Bids received later than the specified time and date will be returned to the bidder unopened. The bids will then be officially reviewed and awarded by the City Council as soon thereafter as possible. All bid proposals, as well as Payment and Performance Bonds, must be made on the printed document forms included in the specifications. The submitted bid shall not be altered, withdrawn, or resubmitted within sixty (60) days from and after the date of the bid opening. Qualified prospective bidders may obtain copies of the bid invitation with information to bidders, bid proposals, plans and/or specifications at the Office of the Purchasing Agent, located at 901-B Texas Street, Denton, Texas, at the Service Center Complex. Each bid must be accompanied by a cashier's check, certified check or acceptable bid bond payable without recourse to the City of Denton, Texas in the amount of $5,000 as a guarantee that the bidder will enter into a contract and execute any required bonds, and insurance certificate, within ten (10) days after the notification of the award of the contract to the bidder. No officer or employee of the City of Denton shall have a fmancial interest, direct or indirect, in any contract With the City of Denton. Minority and small business vendors or contractors are encouraged to bid on any and all City of Denton, Texas projects. CITY OF DENTON Purchasing Department 901-B Texas Street Denton, TX 76209 clo Tom Shaw Purchasing Agent Advertisement to Run: August 30, 2005 and September 6, 2005 CHECKLIST OF ITEMS REQUIRED TO BE SUBMITTED WITH BID 1. Proposal pages 4-8 2. Initialed pages 4-21 3. Completed signature page (page 8) 4. Completed safety record questionnaire (pages 23-25) 5. Must meet work requirements per pages 14-17 6. Three references (page 19) 7. List of equipment per page 17 8. Cashier's check, certified check or acceptable bid bond in an amount of 5,000 (page 13) 9. Must be eligible to meet insurance requirements upon award of contract (pages 33-40) TABLE OF CONTENTS PROPOSAL FORMS ...........................................................................................................4 - 8 BID INSTRUCTIONS AND CONDITIONS ..........................................................................9 -17 OPENING DATE, TIME, PROCEDURES, CONTACTS..................................................9 GENERAL CONDITIONS........................................................................................10 -11 DELIVERY REQUIREMENTS ....................................................................................... 11 SPECIAL TERMS AND CONDITIONS.................................................................... 12 -17 DISADVANTAGED BUSINESS ENTERPRISES..................................................................... 1 8 VENDOR REFERENCES ........................................................................................................19 TECHNICAL SPECIFICA nONS..............................................................................................20 APPENDIX A ...........................................................................................................................22 SAFETY RECORD QUESTIONNAIRE ...................................................................23 -25 SAMPLE CONTRACT AGREEMENT .....................................................................26 -28 PERFORMANCE & PAYMENT BONDS ................................................................29 - 32 INSURANCE REQUIREMENTS ............................................................................33 - 40 This Table of Contents is intended as an aid to bidders and not as a comprehensive listing of the bid package. Bidders are responsible for reading the entire bid package and complying with all specifications. CITY OF DENTON ANNUAL CONTRACT FOR ASPHALT AND CONCRETE STREET SECTIONS AND REPAIRS ITEM QUANlllY 1 Remove and Replace 4" Concrete Sidewalk 1000 SY 500 to 2000 SY 3500 SY 2001 to 5000 SY 2 Remove and Replace 6" Concrete Pavement 1000 SY 500 to 2000 SY 75.0l) 3500 SY 2001 to 5000 SY .3 Remove and Replace 8" Concrete Pavement . 1000 SY 500 to 2000 SY 80."" 7o.c!li) 3500 SY 2001 to 5000 SY 4 Remove and Replace 10" Concrete Pavement 1000 SY 500 to 2000 SY ~ 95.0" ~o. 00 3500 SY 2001 to 5000 SY 5 Remove and Replace 24" Curb and Gutter 1000 LF 500 to 2000 LF ~ ;<\.00 ~ OIL aO 3500 LF 2001 to 5000 LF PAGE 4 OF BID #3345 Bidder's InitialsL CITY OF DENTON ANNUAL CONTRACT FOR ASPHALT AND CONCRETE STREET SECTIONS AND REPAIRS UNIT OF ITEM QJANTIlY \VEASURE DESCRIPTION UNIT PRICE 6 Rerrove and Replace 4" Asphalt 1CXXl Sf 500 to 2CXXl SY 6.00 .3500 Sf 2001 to 5(0) SY \ L-\. 5<> 7 Rerrove and Replace T' Asphalt 100) SY Rerrove and Replace 12" Asphalt 500 to 200) Sf 1CXXl SY 500 to 200) SY 3500. Sf 2001 to 5(0) Sf 8. 3500 Sf 2001 to 5(0) Sf j 0.00 9 .Adjust f'.IentxJIes 3500 SY 2001 to 5(0) SY ~ 375.06 375. .... MOO EA StOO1l Wffier 1-100 EA Wce.ewm.er 10 1,100. EA Mjust Valves D 66 11 1CXXl SY Subgrade Stabilization-6" 500 to 200) Sf 12 Urre Subgrade Stabilization - 8" 00 1CXXl Sy 500 to 2CXXl SY PAGE 5 OF BID #3345 / Bidder's Initials~ CITY OF DENTON ANNUAL CONTRACT FOR ASPHALT AND CONCRETE STREET SECTIONS AND REPAIRS UNIT OF ITEM QUANTIlY MEASURE DESCRIPTION 13 Lime Subgrade Stabilization -12" 1000 SY 500 to 2000 SY 3500 SY 2001 to 5000 SY 14 Cement Subgrade Stabilization - 8" 1000 SY 500 to 2000 SY 3500 SY 2001 to 5000 SY 15 Cement Subgrade Stabilization - 12" 1000 SY 500 to 2000 SY ~ \~ .00 3500 SY 2001 to 5000 SY '1."2..5 16 Q.,1ooo TN Lime for Subgrade Stabilization-PH Series jj; 5.011 Hydromulch I? {J7J 17 0-1000 TN Cement for Stabilization-AttertJerg Limits 00 18 700 LF Erosion Control - Silt Fence 19 750 SY 60 20 Undassified Excavation 501-999 CY ~ <<5,06 7,60 1-500 CY PAGE 6 OF BID #3345 Bidder's Initia~ CITY OF DENTON ANNUAL CONTRACT FOR ASPHALT AND CONCRETE STREET SECTIONS AND REPAIRS 23 Removal of Asphalt 1000 Sy 2" Asphalt 500 to 2000 SY 6."0 1000 SY 4" Asphalt 500 to 2000 SY (" ... 1000 SY 6" Asphalt 500 to 2000 SY "GO 1000 SY 8" Asphalt 500 to 2000 SY 7. 0& 1000 SY 10" Asphalt 500 to 2000 SY 7. r,o 1000 SY 12" Asphalt 500 to 2000 SY '6, ... 24 Asphalt Base Failure Repair by SY b'~ 250 SY 100 to 500 SY L.jG, O. 3g. I\:) 1000 SY 501 to 1500 SY Service can be performed within 3 days from receipt of order, 'Prices shall be F.O.B. Denton PAGE 7 OF BID #3345 Bidder's Initials ~ CITY OF DENTON ANNUAL CONTRACT FOR ASPHALT AND CONCRETE STREET SECTIONS AND REPAIRS The undersigned agrees this bid becomes the property of the City of Denton after the official opening. The undersigned affirms he has familiarized himself with the local conditions under which the work is to be performed; satisfied himself of the conditions of delivery, handling and storage of equipment and all other matters that may be incidental to the work, before submitting a bid. The undersigned agrees, if this bid is accepted, to furnish any and all items/services upon which prices are offered, at the price(s) and upon the terms and conditions contained in the Specifications. The period for acceptance of this Bid Proposal will be sixty (60) calendar days unless a different period is noted by the bidder. The undersigned affirms that they are duly authorized to execute this contract, that this bid has not been prepared in collusion with any other Bidder, nor any employee of the City of Denton, and that the contents of this bid have not been communicated to any other bidder or to any employee of the City of Denton prior to the official opening of this bid. Vendor hereby assigns to purchaser any and all claims for overcharges associated with this contract which arise under the antitrust laws of the United States, 15 USCA Section 1 et seq., and which arise under the antitrust laws of the State of Texas, Tex, Bus. & Com. Code, Section 15.01, et seq. The undersigned affirms that they have read and do understand the specifications and any attachments contained in this bid package. NAME AND ADDRESS OF COMPANY: Jagoe Puohc Co. P.O. Box 250 Depton. TX 76202 AUTHORIZ:~':~SE~ ATIVE: Signature ~ Date '7/~v)It>~ Name .g;l( ~~e..!:::-, Jh Title V /-L<- P ,,. ,J..~ Fax No. 7VlJ 3~- 97~ Email.klly .r..Jv.,z.,,- !2.j'J.<Z.{1f.btrc.. .'-0",- Tel. No. "No ,'?,f;>-4f"gj COMPANY IS: Business included in a Corporate Income Tax Return? vi YES NO Y- Corporation organized & existing under the laws of the State of k~s Partnership consisting of Individual trading as Principal offices are in the city of /\.<:t;;~ T-+ , PAGE 8 OF BID #3345 Bidder's Initi~ CITY OF DENTON ANNUAL CONTRACT FOR ASPHALT AND CONCRETE STREET SECTIONS AND REPAIRS COMPLETE SET OF ORIGINAL AND ONE (1) COpy OF EXECUTED BID PROPOSAL MUST BE RECEIVED IN THE PURCHASING DEPARTMENT AT 901-B TEXAS ST, DENTON, TX 76209 ON OR BEFORE SEPTEMBER 27, 2005 AT 2:00 P.M. QUESTIONS REGARDING SPECiFICATIONS MUST BE SUBMITTED IN WRITING TO THE PURCHASING OFFICE FIVE (5) WORKING DAYS PRIOR TO THE BID OPENING. ALL QUESTIONS SUBMITTED AFTER THAT DATE WILL NOT BE CONSIDERED TO ENSURE ALL BIDDERS ARE GIVEN EQUAL ACCESS TO THE INFORMATION PROVIDED. All questions regarding the bid and purchasing process should be directed to: KAREN SMITH, SENIOR UTILITY BUYER Email: Karen.smith@cityofdenton.com Phone:(940) 349-7100 Fax: (940) 349-7302 Directions to the Purchasing Department can be accessed at www.dentonpurchasinq.com (Click on "Directions to our Office") All bids, includinq a "NO BID", are due in the Purchasinq Department bv the due date, in sealed envelopes or boxes. All bids must be clearly marked with the name of the Company submitting the' bid, the Bid Number and Date and Time of opening on the outside of the envelope/box. Original bid must be clearly marked "ORIGINAL" and contain all original signatures. All proposal pages must be initialed or signed where indicated. All bids will be publicly opened at the date and time listed above or as soon thereafter as practical. The City of Denton does not accept faxed bids. Anv bid received after the date and/or hour set for bid openinq will be returned unopened. If bids/proposals are sent by mail to the Purchasing Department, the bidder shall be responsible for actual delivery of the bid to the Purchasing Department before the advertised date and hour for opening of bids. If mail is delayed either in the postal service or in the internal mail system of the City of Denton beyond the date and hour set for the bid opening, bids thus delayed will not be considered and will be returned unopened. Bids may be withdrawn at any time prior to the official opening. Alterations made before opening time must be initialed by bidder guaranteeing authenticity. Any attempt to negotiate or give information on the contents of this bid with the City of Denton or its representatives priorto award shall be grounds for disqualification. After the official opening, bids become the property of the City of Denton and may not be amended, altered or withdrawn withoutthe recommendation of the Purchasing Agent. The approval of the City Council is required for public works projects. The City of Denton reserves the right to accept or reject in part or in whole any bids submitted, unless denied by the bidder, and to waive any technicalities for the best interest of the City. Any submitted article deviating from the specifications must be identified and have full descriptive data accompanying same, or it will not be considered. Submitted bids shall remain in force for a ninety (90) day period after opening or until award is made; whichever comes first. In case of default after bid acceptance, the City of Denton may at its option hold the accepted bidder or contractor liable for any and all resultant increased costs as a penalty for such default. The City of Denton will award the bid to the lowest responsible bidder while complying with all current state and local laws. The City of Denton is exempt from Federal Excise and State Sales Tax; therefore, tax must not be included in this bid. -,c?,.. PAGE 9 OF BID #3345 Bidder's Initials ~ CITY OF DENTON ANNUAL CONTRACT FOR ASPHALT AND CONCRETE STREET SECTIONS AND REPAIRS The City of Denton is requesting bids for the ANNUAL CONTRACT FOR ASPHALT AND CONCRETE STREET SECTIONS AND REPAIRS. All bids must be submitted on the attached Bid Proposal Form. Vendors may bid on any or all items. The City of Denton will not enter into any contract where the cost is provisional upon such clauses as "escalator" or "cost-plus" clauses. All bids shall specify terms and conditions of payment, which will be considered as part of, but not control, the award of bid. City review, inspection, and processing procedures ordinarily require thirty (30) days after receipt of invoice, materials, or service. Bids which call for payment before thirty (30) days from receipt of invoice, or cash discounts given on such payment, will be considered only if, in the opinion of the Purchasing Agent, the review, inspection, and processing procedures can be completed as specified. Invoices shall be sent directly to the City of Denton Accounts Payable Department, 215 E McKinney St, Denton, TX, 76201-4299. It is the intention of the City of Denton to make payment on completed orders within thirty days after receipt of invoice or items; whichever is later, unless unusual circumstances arise. Invoices must be fully documented as to labor, materials, and equipment provided, if applicable, and must reference the City of Denton Purchase Order Number in order to be processed. No payments shall be made on invoices not listing a Purchase Order Number. Continuinq non-performance of the vendor in terms of Specifications shall be a basis for the termination of the contract by the City. The City shall not pay for work, equipment, or supplies that are unsatisfactory. Vendors will be given a reasonable opportunity before termination to correct the deficiencies. This, however, shall in no way be construed as negating the basis for non- performalJc:;e termination. The contract may be terminated by either party upon written thirty (30) days notice prior to cancellation. The written notice shall be directed to the Purchasing Agent. Bids will be considered irregular if they show any omissions, alteration of form, additions or conditions not called for, or irregularities of any kind. However, the City of Denton reserves the right to waive any irregularities. The City of Denton reserves the right to accept or reject in part or in whole any bids submitted, and to waive any technicalities for the best interest of the City. Bids may be rejected, among other reasons, for any of the following specific reasons: 1. Bids containing any irregularities. 2. Unbalanced value of any items. 3. Bid price cannot be determined based upon information provided, i.e. missing freight charges, or other fees. Bidders may be disqualified and their bids not considered for any of the following reasons: 1. Collusion exists among the Bidders. 2. Reasonable grounds for believing that any Bidder is interested in more than one Bid for the work contemplated. 3. The Bidder being interested in any litigation against the City. PAGE 10 OF BID #3345 Bidder's Initial~ - CITY OF DENTON ANNUAL CONTRACT FOR ASPHALT AND CONCRETE STREET SECTIONS AND REPAIRS 4. The Bidder being in arrears on any existing contract or having defaulted on a previous contract. 5. Lack of competency as revealed by a financial statement, experience and equipment, questionnaires, etc. 6. Uncompleted work, which in the judgment of the City, will prevent or hinder the prompt completion of additional work, if awarded. 7. Any other unresolved issues with the City. Due care and diligence has been used in preparation of this information, and it is believed to be substantially correct. However, the responsibility for determining the full extent of the exposure and the verification of all information presented herein shall rest solely with the proposer. The City of Denton and its representatives will not be responsible for any errors or omissions in these specifications, nor for the failure on the part of the proposer to determine the full extent of the exposures. The successful bidder may not assign their rights and duties under an award without the written consent of the Purchasing Agent. Such consent shall not relieve the assignor of liability in the event of default by the assignee. Prices shall include all charges for freight, F.O.B. inside to specified delivery location or: Central Receiving City of Denton Warehouse 901 B Texas Street Denton, Texas 76209 Hours of operation shall be between 8:00 a.m. and 4:00 p.m., Monday through Friday, excluding City of Denton holidays, Delivery date is important to the City and may be required to be a part of each bid. The City of Denton considers delivery time to be that period elapsing from the time the individual order is placed until that order is received by the City at the specified delivery location. The delivery date indicates a guaranteed delivery to the City of Denton, Texas, Failure of the bidder to meet guaranteed delivery dates or service performance could affect future City orders. The City reserves the right to demand bond or penalty to guarantee delivery by the date indicated. If order is given and the Bidder fails to furnish the materials by the guaranteed date, the City reserves the right to cancel the order without liability on its part. PAGE 11 OF BID #3345 Bidder's Initials ~ CITY OF DENTON ANNUAL CONTRACT FOR ASPHALT AND CONCRETE STREET SECTIONS AND REPAIRS SPECIAL TERMS AND CONDITIONS Contract Terms Successful vendor(s) will be awarded a twelve (12) month contract, effective from date of award or notice to proceed as determined by the City of Denton Purchasing Department. At the City of Denton's option and approval by the vendor, the contract may be renewed for additional one (1) year periods, as further explained in Renewal Options. Prices must remain firm for the entire contract. Renewal Options The City of Denton reserves the right to exercise an option to renew the contract of the vendor for additional one (1) year periods, provided such option is stipulated in the Special Conditions and agreed upon in writing by both parties. All prices, terms and conditions must remain the same for each optional additional one-year period. If the City exercises the right in writing, the Bidder shall update and submit any legal documents required during the initial solicitation by no later than thirty (30) calendar days prior to the commencement of the option period. These documents, if applicable, will be specified in the Special Conditions and include, but are not limited to, Insurance Certificates and Performance Bonds and must be in force for the full period of the option. If the updated documents are not submitted by the Bidder in complete form within the time specified, the City will rescind its option and seek a new bid solicitation. Cooperative Purchasina The City of Denton encourages Cooperative Purchasing efforts among the governmental entities; therefore it would be in the vendor's best interest to help the City of Denton facilitate this cooperative effort. Should other Governmental Entities decide to participate in this contract, would you, the Vendor, agree that all terms, conditions, specifications, and pricinq would apply? V Yes No If you, the Vendor, checked yes, the following will apply: Governmental Entities utilizing Inter-Governmental Contracts with the City of Denton will be eligible, but not obligated, to purchase materials/services under the contract(s) awarded as a result ofthis solicitation. All purchases by Governmental Entities other than the City of Denton will be billed directly to that Governmental Entity and paid by that Governmental Entity. The City of Denton will not be responsible for another Governmental Entity's debts. Each Governmental Entity will order its own material/services as needed. Evaluation criteria shall include, but is not limited to the following: a. Lowest responsible bidder meeting specification b. Delivery c. Vendor's past performance record with the City of Denton d. City of Denton's evaluation of vendor's ability to perform e. City of Denton's experience with products bid f. Special needs and requirements of the City of Denton PAGE 12 OF BID #3345 Bidder's Initials #- CITY OF DENTON ANNUAL CONTRACT FOR ASPHALT AND CONCRETE STREET SECTIONS AND REPAIRS Award The City reserves the right to award by line item, section, or by entire bid; whichever is most advantageous to the City, unless denied by the bidder. . Quantities indicated on the Bid Proposal Forms are estimates based upon the best available information. The City reserves the right to increase or decrease the quantities to meet its actual needs without any adjustments in the bid price. Individual purchase orders will be issued on an as needed basis. Contracts & Bonds The successful awarded vendor will be required to sign the original contract and submit performance and payment bonds before work is to commence. A cashier's check, certified check or acceptable bid bond in an amount of $5,000. Successful awarded vendor will be required to sign original contract and submit performance bond for $250,000 on and payment bond for $250,000 before work is to commence. The vendor will be required to raise the bonds should the annual cumulative total exceed $500,000. The vendor shall assume all costs in raising the bond limits. Contractor will be required to sign separate contracts for each project greater than $100,000 and submit new bonds and insurance certificates. Projects exceeding an estimated $100,000 will require Council approval or the City of Denton may reserve the right to competitively bid the project through the sealed bid process. Insurance Bidder's attention is directed to the insurance requirements as attached on Appendix A. 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 ofthe 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. 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. Subcontractors Vendors must disclose all subcontractors and suppliers to be used under this contract prior to award. The successful awarded vendor must submit all changes to the subcontractor/supplier list to the Purchasing Department, Attention: Karen Smith, A.P.P., Senior Buyer, Bid #3345, 901-B Texas Street, Denton, Texas 76209, for approval before use on the jobsite. /\nr / PAGE 13 OF BID #3345 Bidder's Initials IY CITY OF DENTON ANNUAL CONTRACT FOR ASPHALT AND CONCRETE STREET SECTIONS AND REPAIRS Tax Exemption The City of Denton qualifies for sales tax exemption pursuant to the provisions of Article 20.04 (F) of the Texas Limited Sales, Excise and Use Tax Act. Any Contractor performing work under this contract for the City of Denton may purchase materials and supplies and rent or lease equipment sales tax free. This is accomplished by issuing exemption certificates to suppliers. Certificates must comply with State Comptroller's ruling #95-0.07 and #95-0.09. Utilities and Locates The Contractor will be responsible for obtaining all necessary excavation locations (Dig Tess) and coordinating with other utilities in the work vicinity prior to digging. The following are the most common utilities having facilities in and around the City of Denton. Otherfacilities may be present and each site shall be thoroughly researched prior to any work beginning. Utilitv Companv Verizon Charter Communications Oncor (TXU) Co-Serv City of Denton DME Tvpe of Service Telephone Cable Television Electric, Gas Electric, Gas, Communications Sewer, Water Electric, Communications Crew Coordination The contr1;lctor will be required to coordinate construction activities with other organizations performing work in the same project areas. Such coordination shall not entitle the contractor to any claims or additional compensation. Some work may be required on weekends and holidays to coordinate with other organizations. Payment will be made based only on unit cost for all construction. u.s. Postal Mail Boxes The Contractor shall be fully responsible for maintaining and protecting all existing U.S. Postal mailboxes during the construction period. Postal mail delivery must be maintained on a daily basis to the residents next to any construction under this contract. If areas with mailboxes are completely closed to traffic during construction activities, the mailboxes shall be relocated to a nearby street corner for temporary delivery service. The Contractor shall relocate the boxes working in cooperation with the Postal Director and the Construction Manager. Following the completion of construction, the Contractor shall restore all postal boxes to the location behind the curb. Because of the legal significance of the postal delivery service, the Contractor shall . consider this responsibility as a priority. Mailboxes shall be placed 42" above the ground and located directly behind the back of the curb. Both measurements shall be to the front lower face of the mailbox. Safety The Contractor, while working for the City, shall conduct all operations in a safe manner and in accordance with all state, federal, and city regulations. As part of the proposal, a copy of the prospective vendor's annual US Department of Labor OSHA 300 Logs that replaced the OSHA 200 Logs as of January 2002 and safety manual shall be included or made available upon request. Safety Manual shall include shoring and CPR training PAGE 14 OF BID #3345 Bidder's Initials2?~ CITY OF DENTON ANNUAL CONTRACT FOR ASPHALT AND CONCRETE STREET SECTIONS AND REPAIRS requirements and curriculum. Also, vendors must submit the Safety Record Questionnaire as included in this document. City of Denton reserves the right to inspect Contractor's safety and training records prior to and after award of contract. The Contractor shall immediately correct any unsafe conditions identified by the Construction Manager. If the Contractor fails to immediately correct such unsafe conditions, the Construction Manager may either have the unsafe conditions corrected by others at the Contractor's expense, or direct that the work be stopped immediately in the area of the unsafe condition. Barricades, Liqhts. Siqns. and Traffic Control The Contractor shall furnish and erect such barricades, fences, flashers, signals, and signs, and other precautionary measures for the protection of persons and property as necessary to comply with all federal, state, and local regulations. The Contractor is responsible for compliance with these regulations without intervention from the City. No work will be allowed to begin prior to proper placement of all barricades, signs, and/or traffic controls. The Construction Manager may order that work be stopped immediately if the barricading or traffic control is not properly set up. Failure of the Contractor to insure proper barricading, sign age, and/or traffic control on a recurring basis may be considered a breach of contract. This contractor shall provide a phone number, beeper number, or mobile phone number (or numbers) where a knowledgeable individual can be contacted, on a 24 hour basis, to repair barricades and/or signs that might be discovered to be inadequate, damaged, vandalized, and/or missing. Traffic The Contractor shall conduct his work with as little interference to public travel, be it vehicular or pedestrian, as possible. Whenever it is necessary to cross, obstruct, or close roads, driveways, and/or walks, the Contractor shall, at his own expense, provide and maintain suitable and safe detours or other temporary expedients for the accommodation of public and private travel, be it vehicular or pedestrian. The Contractor shall also give reasonable notice to owners of private drives before interfering with access. The Contractor shall provide all notices required by city regulations. Field Conditions City of Denton makes no guarantees as to actual field conditions that may be encountered for any project. The Contractor, in accordance with state law, is responsible for locating all underground facilities prior to excavation. City of Denton will provide as much information as is available for each project but makes no guarantee of accuracy or completeness. In the event the Contractor fails to exercise appropriate caution orto complete underground locating, all costs for repair shall be the Contractor's responsibility. Any restoration shall be with the same type of material and construction as the original, or better. The Contractor shall be responsible for damage to any underground utilities and associated property damage as a result of operator error or failure to exercise appropriate caution. Contractors are required to make the necessary repairs in a timely manner as deemed by City of Denton. If repairs are not made as required, DME will make the repairs and bill the contractor for ~~. AI PAGE 15 OF BID #3345 Bidder's Initials J~~ CITY OF DENTON ANNUAL CONTRACT FOR ASPHALT AND CONCRETE STREET SECTIONS AND REPAIRS Cleanup and Restoration The Contractor shall be responsible for cleanup and restoration of all areas disturbed in any way during the course of construction. The level of surface restoration must be equal to original undisturbed condition or at a level approved by the City. Where work will be intensive and the City of Denton has agreed to finish out the landscape work, the Contractor shall bring the surface to original shape and finished grade, ready for landscaping. The City of Denton will provide reasonable concrete and asphalt repair. Contractor is responsible for control and disposal of all spoils onsite at each job location and shall dispose of all debris and trash in an appropriate manner. The City of Denton requires that mats or plywood be used in yards and grassy areas to reduce amount of damage. Where additional or unnecessary damage occurs to private or personal property and/or yards, the Contractor will make these repairs at their expense. The contractor, at the end of construction, shall fill and grade all holes, ruts, settlements and depressions to match the elevation of adjacent surfaces, and repair any damage created by the Contractor's construction. All areas disturbed by construction shall be restored to their original condition to the maximum extent practicable. Cleanup and restoration must be approved by the City of Denton representative before work is considered complete and invoices will be processed. Site Cleanliness During construction, the Contractor shall, at all times, keep work sites and adjacen't premises as free from material, debris, and/or rubbish as possible. All material used to backfill behind 'curbs and trenches shall be tamped or compacted in such a manner as to keep it in a stabilized condition if rain or high winds occur. Contractorshall remove all waste material and trash from the site daily and comply with any other instructions concerning site cleanliness from the Construction Manager. The Contractor shall remove all surplus materials and temporary structures from the site when they are no longer needed. Inspection City of Denton reserves the right to inspect before concrete or asphalt installation. The inspections are intended to insure that installations meet City of Denton Standards. The Contractor shall coordinate this inspection with the Construction Manager. Qualitv Control The Contractor shall be responsible for the quality control of each installation to assure that all requirements of these specifications are met. The City of Denton reserves the right to observe, to inspect and to require additional quality control investigations, either by its personnel or an independently employed quality control investigator, at any or all stages of installation. Failure to adequately maintain quality of installation until completion shall be grounds for cancellation ofthe order or any part thereof. Field repairs required or having to redo a work due to quality control failures or deviation from permitted grade or alignment locations shall be the full responsibility of the Contractor. Any corrective action that is required to complete the project, or bring it up to an acceptable condition, shall be determined by the City of Denton. PAGE 16 OF BID #3345 Bidder's Initials ~ CITY OF DENTON ANNUAL CONTRACT FOR ASPHALT AND CONCRETE STREET SECTIONS AND REPAIRS Witholdinq of Future Payments The City of Denton reserves the right to withhold from any amounts owed to the Contractor, present or future, amounts for rejected work, incorrect billings, late billing penalties, material charges, or any other expenses due to the City of Denton. The Construction Manager will only make final payments for projects after formal reviews and material reconciliation. See sample performance bond in Attachment A for more details. Equipment Schedule The prospective vendor's equipment schedule shall be attached to the back of the proposal, or be made available upon request. The following information on equipment will be provided: description, manufacturer, model, and year. PAGE 17 OF BID #3345 Bidder's Initials~' CITY OF DENTON ANNUAL CONTRACT FOR ASPHALT AND CONCRETE STREET SECTIONS AND REPAIRS FOR DISADVANTAGED BUSINESS ENTERPRISES ONLY Disadvantaqed Business Enterprises (DBE) are encouraged to participate in the City of Denton's bid process. The Purchasing Department will provide additional clarification of specifications, assistance with Bid Proposal Forms, and further explanation of bidding procedures to those DBEs who request it. Representatives from DBE companies should identify themselves as such and submit a copy of the Certification. The City recognizes the certifications of the State ofTexas Building and Procurement Commission HUB Program. All companies seeking information concerning DBE certification are urged to contact. State of Texas HUB Program Texas Building and Procurement Commission PO Box 13047 Austin, TX 78711-3047 (512) 463-5872 If your company is already certified, attach a copy of your certification to this form and return with bid. COMPANY NAME: REPRESENTATIVE: ADDRESS: CITY, STATE, ZIP: TELEPHONE NO. FAX NO . Indicate all that apply: Minority-Owned Business Enterprise Women-Owned Business Enterprise Disadvantaged Business Enterprise PAGE 18 OF BID #3345 Bidder's Initial8~ CITY OF DENTON ANNUAL CONTRACT FOR ASPHALT AND CONCRETE STREET SECTIONS AND REPAIRS VENDOR REFERENCES Please list three (3) Government references, other than the City of Denton, who can verify the quality of service your company provides. The City prefers customers of similar size and scope of work to this bid. II REFERENCE ONE 1\ GOVERNMENT/COMPANY NAME: (}z.r -r.^ U"-^.J lOCATION: 1kA: _ -JY-' CONTACT PERSON AND TITLE: A...-rl Flp~ T) ~fr~<<h/" al. TELEPHONE NUMBER: 'Nb _JI(9-.~r!Ci SCOPE OF WORK: UNA- 50-10; A- '''''J:'~ CONTRACT PERIOD: Va.(';'e.< It,rY~"_ ./ ." -",c.". ',- ....-...,. ".," . . -. ." ,',' ",- ....,., .-. . ," . ':R~FE1{~~c~:TWP;','".,., , "'.'\\ II GOVERNMENT/COMPANY NAME: TK- I\c.:-r _A. "-1-0,,,- , lOCATION: d-t-.2Y1 fA /.fJrit;r,e 4-, fIe,.d-n_ 1'7'- 7b:>ro! , CONTACT PERSON AND TITLE: fe,of-L fJo..ho..< -frfa"~ "- TELEPHONE NUMBER: eND 3'(7-1'I1'f SCOPE OF WORK: f./-,vtA- So--ku. CONTRACT PERIOD: lAv-;e~ 1.1 St.. /Ja~f,,/'" , ....'... ....,-.' -,-, ,....,.-,-......-.-.. ',' '... . .' -- -" - '- ..... . .'. - . . - ,- . .. . , . '- - .. . . . ,_" ". d_"'" .. . .. - . ," .' " ,-, -," . R.~FER.~N~Ei'HR,EE ........ II II GOVERNMENT/COMPANY NAME: ~--r""",, y--,rr,^At....--- lOCATION: P,D, ~,',6 '6~II~ V--r:.<.A:.-<.... '1y.-7h1<?> ) . CONTACT PERSON AND TITLE: &~ L.~ -~LL~ TELEPHONE NUMBER: f517~ ",*- 'j 't7D SCOPE OF WORK: 1J-1'<4.t1 <;;, /<4 CONTRACT PERIOD: \/aA'e5 PAGE 19 OF BID #3345 Bidder's Initials ~1./' CITY OF DENTON ANNUAL CONTRACT FOR ASPHALT AND CONCRETE STREET SECTIONS AND REPAIRS 1. SPECIFICATIONS FOR ASPHALT STREET SECTIONS All Asphalt sections shall have 2" ofType C Surface Course material and the remainder ofType A Base material. Example of this would be for a 6" thick streets to have 2" Type C and 4" Type A rnaterial. At the discretion of the City, Type D may be substituted for Type C during cold weather or other as determined by the City of Denton. The City of Denton will closely monitor the installation of the asphalt pavement to insure proper density, to eliminate cold spots from the paver, segregation, and that the proper raking and rolling techniques or patterns are followed. Tack coats shall be approved by the City of Denton and equivalent to MCS 600-C Prime and Road Sealer. Tack Coats are required between each layer unless the asphalt mix is being laid. within a few hours on the same day and the City of Denton has approved deletion of the tack. The membrane coat placed over the 3" milled surface shall be MCS MOS-50 or approved equivalent. During the annual period of April 1 STto October 31 ST, the City of Denton may require the :,inder in the asphalt be changed to PG-76-22 from' PG 64-22. The bid tabulation includes seieral bid options for PG 76-22 sections. If not contained in those unit items in the bid tabulations, the binder shall be PG 64-22. Streets with 8" or 10" of pavernent thickness shall include 2" or 4" Type A Base Material under the entire street section and curbs plus extending to 6" outside the back of curb on both outer edges. The subgrade is a separate bid item for each street. The two options include 6" and 12" subgrade stabilization with either lime or cement. The tonnage for lime or cement shall be arrived at using , the PH series for lime and the Atterberg Limits for cement per square yard to achieve maximum stabilization and density. Driveways, Sidewalks and Curb & Gutter sections included with the street sections shall be Class A concrete with reinforcing fibers. 2. SPECIFICATIONS FOR CONCRETE STREET SECTIONS Concrete for the concrete pavements shall be Class C according to the 4th Edition of the Standard Specifications at NCTCOG. The Street shall be continuously reinforced with #3 bars on 18" centers and integral curb and gutter on both sides. The City of Denton will be monitoring construction using geotechnical engineers to check compressive strength, beam strength, maximum water/cernentitious ratios, and slumps. The bid tabulation includes two subgrade options for each street. The options shall include either 6" or 9" stabilized subgrade using the appropriate amount of Iime(PH series) orcement(Atterberg Limits) per square yard to achieve maximum stabilization and density according the applicable specifications in the fourth addition. Driveways, Sidewalks and Curb & Gutter sections included with the street sections shall be Class A concrete with reinforcing fibers. PAGE 20 OF BID # 3345 Bidder's Initial~ CITY OF DENTON ANNUAL CONTRACT FOR ASPHALT AND CONCRETE STREET SECTIONS AND REPAIRS SUPPLEMENTARY CONDITIONS AMENDMENTS TO GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The City of Denton's intent is to acquire a contract for maintenance and repair of existing streets and ancillary items to supplement existing City crews. The following supplements modify, change, delete from or add to the "Proposal Requirements and other General Conditions of the North Texas Council of Governments, October 2004 edition." Where any Article of the General Conditions is modified or any Paragraph, Subparagraph or Clause thereof is modified or deleted by these Supplementary Conditions, the unaltered provisions of that Article, Paragraph, Subparagraph or Clause shall remain in effect. To any extent that these Supplementary Conditions may conflict with the Owner-Contractor Agreement, General Conditions or the specifications, these Supplementary Conditions shall control. Chanqe Section 103.3- Bonds: Bonding is modified as per the general specifications of this document. " Chanqe Section 103.4- Insurance: Insurance requirements are modified as per Appendix A Delete Section 109.5.2- Retainaqe: This section is not applicable. END OF SUPPLEMENTARY CONDITIONS PAGE 21 OF BID # 3345 Bidder's Initial~ DocumentA310 Bid Bond KNOW All MEN BY THESE PRESENTS, that we Jagoe-Public Company P. O. Box 250, Denton, TX 76202 as Principal, hereinafter called the Principal, and Suxetec Insurance Company Suite 330, Houston, TX 77024 a corporation duly organized under the laws of the State of Texas as Surety, hereinafter called the Surety, are held and firmly bound unto City of Denton (Here insert full name and address 01 legal title of Owner) 901-B Texas Street, Denton, TX as Obligee, hereinafter called the Obligee, in the sum of (Here insert full name and address or legal title of Contractor) (Here insertfull name and address Of legal title of Surety) Five Percent of the Amount Bid - - - - - - - Dollars ($ 5% - - - ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Bid #3345 - Annual Contract for Asphalt and Concrete Street Sections and Repair (Here insert full name, address and description of project) NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect Signed and sealed this 27 day of September 2005 ~~ (Witness) Jagoe.Public Company (Principal) -vlf (Ti e (Seal) A7cm IJJ1:u h~ Shannon Har tmann ( ess). Suretec Insurance Company (Surety) (Seal) Printed In cooperation with The Americ:an Instilue 01 Architects (AlA) by Willis. Willis vouches that the language in the doc:umllnt conforms exactly 10 the language used in AlA Docurrtllnt A31G, Feb..w.ry 1970 Edition. WCO054 1 SureTec Insurance Company THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION Statutory Complaint Notice To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or to make a complaint at: 1-866-732-0099 You may also write to the Surety at: SureTec Insurance Company 5000 Plaza on the Lake, Suite 290 Austin, TX 78746 You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints at 1-800-252-3439. You may write the Texas Department of Insurance at PO Box 149104 Austin, TX 78714--9104 Fax#: 512-476-1771 PREMIUM OR CLAIM DISPUTES: Should you have a dispute conceming 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 In accordance with the Terrorism Risk Insurance Act of 2002 (the "Act"), this disclosure notice is provided for surety bonds on which one or more of the following companies is the issuing surety: SureTec Insurance Company, U. S. Specialty Insurance Company, and any other company that is added to SureTec Insurance Company for which surety business is underwritten by SureTec Insurance Company ("Issuing Sureties"). The premium attributable to any bond coverage for "acts of terrorism" as defined in Section 102(1) of the Act is Zero Dollars ($0.00). The United States will reimburse the Issuing Sureties for ninety percent (90%) of any covered losses from terrorist acts certified under the Act exceeding tha applicable surety deductible. The actual coverage provided by your bond for acts of terrorism, as is true for all coverages, is limited by the terms, cond~ions, exclusions, penalties, limits, other provisions of your bond and the underlying contract, any endorsements to the bond and generally applicable rules of law. This Important Notice Regarding Terrorism Insurance Risk Act of 2002 is for informational purposes only and does not create coverage nor become a part or condition of the attached document. Exclusion of liability for Mold, Mycotoxlns, and Fungi The Bond to which this Rider is attached does not proVide coverage for, and the surety thereon shall not be liable for, molds, living or dead fungi, bacteria, 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. Rev. 11.11.2003 POA #: 4221109 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by,These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and . existing under the laws of the State of Texas, and having its principal office in Honston, Harris County, Texas, does by these presents . make, constitute and appoint Jeff McIntosh, Rosemary Weaver, Christine Davis, D. Gregory Stitts of D.II.. Texas its true and lawful Attomey(s)-in-fac~ with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety, providing the bond penalty does not exceed Five Million and nollOO Dollars ($5,000,000.00) and to bind the Company thereby as fully aild to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confIrming all that the said Attomey(s)-in-Fact may do in the premises. Said appointment shall continue in force until Mav 31. 2007 and is made under and by authority of the following resolutions oflbe Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice-President, any Assistant Vice-President, any Secretary or any AsSistant Secretary shall be and is hereby vested with full power and authority to appoint anyone or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity andother conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Anomey-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of ~e Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal. $all be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 2r1' of April, 1999) State of Texas County ofHmris On this 20th day of June, A.D. 200S before me personally came Bill King, to me known, who, being by me duly sworn, did depose and say, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate sealj that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. , ss: CECOMPANY e MJ~~=Y . . 8Iale 01 TexoI My CommIsIIon Explres 1!'",~ Augusl27.2008 ~I~N~ My connnission expires August 27, 2008 I, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effectj and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. . Given under my hand and the seal of said Company at Houston, Texas this ~ '1 Any Instrument Issued In excess of tho penalty stated above!!i totally void and without any validity. For verification of the authority of this power you may call (713) 812-0800 any business day between 8:00 am and 5:00 pm CST. CITY OF DENTON ANNUAL CONTRACT FOR ASPHALT AND CONCRETE STREET SECTIONS AND REPAIRS APPENDIX A PAGE 22 OF BID # 3345 CITY OF DENTON ANNUAL CONTRACT FOR ASPHALT AND CONCRETE STREET SECTIONS AND REPAIRS SAFETY RECORD QUESTIONNAIRE (Must Be Submitted With Bid Submittal) The City of Denton desires to avail itself of the benefits of Section 252.0435 of the Local Government Code, and consider the safety records of potential contractors priorto awarding bids on City contracts. Pursuant to Section 252.0435 of the Local Governrnent Code, the City of Denton has adopted the following written definition and criteria for accurately determining the safety record of a bidder prior to awarding bids on City contracts. The definition and criteria for deterrnining the safety record of a bidderfor this consideration shall be: The City of Denton shall consider the safety record of the bidders in determining the responsibility thereof. The City rnay consider any incidence. involving worker safety or safety of the citizens of the City of Denton, be it related or caused by environmental, rnechanical, operational, supervision or any other cause or factor. Specifically, the City rnay consider, arnong other things: a. Complaints to, or final orders entered by, the Occupational Safety and Health Review Corn mission (OSHRC), against the bidder for violations of OSHA regulations within the past three (3) years. b. Citations (as defined below) frorn an Environmental Protection Agency (as defined. below) for violations within the past five (5) years. Environmental Protection Agencies include, but are not necessarily limited to, the U.S. Army Corps of Engineers (USACOE), the U.S. Fish and Wildlife Service (USFWS), the Environmental Protection Agency (EPA), the Texas Commission on Environmental Quality (TCEQ), the Texas Natural Resource Conservation Commission (TNRCC) (predecessor to the TCEQ), the Texas Department of Health (TDH), the Texas Parks and Wildlife Department (TPWD), the Structural Pest Control Board (SPCB), agencies of local governments responsible for enforcing environmental protection or worker safety related laws or regulations, and similar regulatory agencies of other states of the United States. Citations include notices of violation, notices of enforcement, suspension/revocations of state or federal licenses or registrations, fines assessed, pending criminal complaints, indictments, or convictions, administrative orders, draft orders, final orders, and judicial final judgments. c. Convictions of a criminal offense within the past ten (10) years, which resulted in bodily harm or death. d. Any other safety related matter deemed by the City Council to be material in determining the responsibility of the bidder and his or her ability to perform the services or goods required by the bid documents in a safe environment, both for the workers and other employees of bidder and the citizens of the City of Denton. PAGE 23 OF BID #3345 CITY OF DENTON ANNUAL CONTRACT FOR ASPHALT AND CONCRETE STREET SECTIONS AND REPAIRS I n order to obtain proper information from bidders so that City of Denton may consider the safety records of potential contractors prior to awarding bids on City contracts, City of Denton requires that bidders answer the following three (3) questions and submit them with their bids: QUESTION ONE Has the bidder, or the firm, corporation, partnership, or institution represented by the bidder, or anyone acting for such firm, corporation, partnership or institution, received citations for violations of OSHA within the past three (3) years? .NO ,/ YES If the bidder has indicated YES for question number one above, the bidder must provide to City of Denton, with its bid submission, the following information with respect to each such citation: Date of offense, location of establishment inspected, category of offense, final disposition of offense, if any, and penalty assessed. QUESTION TWO Has the bidder, or the firm, corporation, partnership, or institution represented by the bidder, or anyone acting for such firm, corporation, partnership or institution, received citations for violations of environmental protection laws or regulations, of any kind or type, within the past five years? .Citations include notice of violation, notice of enforcement, suspension/revocations of state or Jederallicenses, or registrations, fines assessed, pending criminal complaints, indictments, or convictions, administrative orders, draft orders, final orders, and judicial final judgments. YES . NO' j If the bidder has indicated YES for question number two above, the bil'lder must provide to City of Denton, with its bid submission, the following information with respect to each such conviction: Date of offense or occurrence, location where offense occurred, type of offense, final disposition of offense, if any, and penalty assessed. QUESTION THREE Has the bidder, or the firm, corporation, partnership, or institution represented by bidder, or anyone acting for such firm, corporation, partnership, or institution, ever been convicted, within the past ten (10) years, of a criminal offense which resulted in serious bodily injury or death? NO II YES If the bidder has indicated YES for question number three above, the bidder must provide to City of Denton, with its bid submission, the following information with respect to each such conviction: Date of offense, location where offense occurred, type of offense, final disposition of offense, if any, and pe.nalty assessed. PAGE 24 OF BID #3345 CITY OF DENTON ANNUAL CONTRACT FOR ASPHALT AND CONCRETE STREET SECTIONS AND REPAIRS ACKNOWLEDGEMENT THE STATE OF TEXAS COUNTY OF DENTON I certify that I have made no willful misrepresentations in this Questionnaire nor have I withheld information in my statements and answers to questions. I am aware that the information given by me in this questionnaire will be investigated, with my full permission, and that any misrepresentations or omissions may cause my bid to be re'ected. Sig V'-CL P~~~<M0\- Title PAGE 25 OF BID #3345 ACORQ. CERTIFICATE OF LIABILITY INSURANCE I DATE (MMlDOI'I'YYY) H/ZZ/Zoo 5 PRO,,"CER (940)38Z-9691 FAX (940)Z43-1050 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Ramey & King Insurance ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NDT AMEND, EXTEND OR 510 North 1-35 E ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW. Denton, TX 76Z0S Nicole Green /' INSURERS AFFORDING COVERAGE NAIC' INSURED Jagoe Publ1C COlJ1)any, Inc. "" d-G INSURER A:. Travelers Cas . Surety 19038 8ill Cheek INSURER B: St. PauljTravelers Insurance 0063 POBox Z50 \,?J\O INSURER c: Arch Specialty Insurance Denton, TX 76Z0Z ,').0 51( INSURER D: Phoenix Insurance Z56Z3 INSURER E: THE POllGIESOF INSURANCE LISTED BEl.OW HAVE BEEN ISSUED lQTHE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANOING 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 TliE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCEO BY PAID CLAIMS. INSR ~W TYPE OF INSU~E POUCY NUMBER POI- EFfecnvE POlIf.Y. !XPl " N - LIMITS GENERAl LIABILITY'\...o""" C049ZD3719 1.0/01/Z005 10/01/Z006 EACH OCCURRENCE S 1 000,000 -X. COMMERCIAL GENERAL L1Ae.lllTY V GAMAGE TO RENTED S 300 000 = =.J CLAI"" MADE 0 OCCUR MEO exp (Any OM person) S A PERSONAL & AD\! INJUR"t' S l,Ooo,ODO GENERAL AGGREGATE S Z,ooO,OOO GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS. CQMPIOP AGG S 2,000,000 I POLICY n:g: n lOC / ~TOM08ILE LIABILITY V DTIENCAP49ZD37070S 10/Dl/Z005 10/01/ZOO6 COMBINED SINGLE LIMIT X ANY AUTO/" (EIlDClli:len1) s 1,000,000 ~ ALL D'NNED AUTOS BOOIL Y IN.lJRY ~ (Pef(le~onl S 8 ~ SC~EO\)LED AUTOS HIRED AUTOS eOOll Y INJURY - S NON.QWNEO AUTOS (P.r acdMntl - PROPERTY DAMAGE S (Peraccld4ll"lt) =:rGE LIABILITY AUTO ONLY. EA ACCIDENT S ANY AUTO OTHER THAN EA ACe S AUTO ONLY: AGG S exCESS/UIIlBRELLA \..lABJ1JTY ULPOO10Z4S00 10/01/ZOO5 10/01/ZOO6 EACH OCCURRENCE S S 000 000 ~-OCCUR 0 CLAIMS MADE AGGREGATE S C s S,OOO 000 l ~EDUCTlBlE ___u________ S .--------..-.- RfTENTlON S ./ ---- ~s WORKERSCONPENSATlDNAND t/"" DTOU849ZD373Z 'lO/01/ZOO5 10/01/ZOO6 "'X I we STATU. EMPLOYERS' LIABILITY D ANY PRO~IETORIPAR1NERIE)(ECUTlVE E.L. EACH ACCIDENT S 1 000,000 OFACERlMfMBER EXCLUDED? E.L. DISEASE. EA EMPLOYE S 1 000,000 ~~~I~~~~~~~S below E.L Q&SEA$E - POLICY LIMIT S 1 000 000 fJ~~nd Marine QT660S3718337 10/01/Z00S 10/01/Z006 Rented/leased Equipment up to $3ooK/Item O~SCRIPTlONn: OPERATIQNS / l=NSlVEH~~SI fC\.USl~AOOED ~YrDORSEMENT lC~~ p~ 1ty of enton 15 n as a tn ln5 a5 we as cert 0 el'". 1d pol shall not be cancelled, nonrnwd r materially changed without 30 days advance written notice being given to the Owner, except when the policy is being cancelled for non pant of premium, in which case 10 days written notice is required.~ aiver of Subroaat;on for all policies ;s in place, in favor of The City of Denton.~ roject: 8idl 3345 Asphalt Ir Concrete St Sect Ir Repairs ---=-COntract amount not to exceed $SooK -- ....-- ---- --..---- ....-- ...--- CERTIFICATE HOLDER CE City of Denton. It'5 Officials, Agents"---- Employees and Volunteers 901 B Texas Street Denton, TX 76Z01 SHOU\..D A~ OF THE ABOVE DESCRIBED POliCIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INlSURER WILL ~ MAlL 30 ~ WRITTEN NOTICe: TO nt! CERTifiCATe: HOlDER MAMEO TO THI! LEFT. _'"_v.llk._v_r......___li1l1llJll(xx: __ XXXX: AUTHORIZED REPRESE It. .....-- James Kin ACORO 25 (ZD01/08) ORDCORPORATlON1~ IMPORTANT If the certlficate 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 negatlveiy amend, extend or alter the coverage efforded by the policies listed thereon. ACORD 25 (2001/08) ~ '" ~:c ''It =" 2 ... .c ., '0. ~ :fili '" c. '" , .E~ 0 I-- 0 0" u >", S 0 .Ec "' m ro Z ~ ~ ...:i <1 .2 c m ...u .0, ~ '" .c "ll. ... a. ;::: E "' .C "E C _ 0 0 0 0 0" 1; .., '" 0 0 Z .. "' .c '" 0 ~ m" !:l - N "' .0 m 0..0 C ~ m "'! "' "! "E 0.- m m ::c "! ;::: 0 ." 0: ",0 u ;::: _c U ~ m N m "' m ~~ :c .0 C '" . u m "' .; . u > m C ... '" C U .; m E5 C .5 c. ;;; ~ m ~ .C N N .c ~ - ~ . c X lL l:! .8: al ;; c: u W ::; r= 0 o E" C 0 "' c. 05 c;, 0 W 0 1;; C _ .c u "' c: "" 0 ~ N m z :i:~ u c E 0 ..... c 0 m {! "' ~ '" 1l "! m .2 ;::: "E => .C "' 0 lL .; $ m ~ 0 N i= '" CD ::;:1 ..... => '" (j) --' <( II X " W '" ~ mO f- al "E I--C! . 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W ~ II ::; Z 0 ~ > 0 .., a. m 0 Z E c a. m .~ m ~ :.: "E Q; '" E m l/) 0 0 m ~ I-- c ::J . . ~.. ~ CONTRACT AGREEMENT STATE OF TEXAS ~ COUNTY OF DENTON S THIS AGREEMENT, made and entered into this 24th day of July A.D., between City of Denton of the County of Denton and State of Texas, Howard Martin thereunto duly authorized so to do, hereinafter termed "OWNER," and 2006, by and acting through Jal!oe-Public Company. Inc. P.O. Box 250 Denton, TX 76202 oflhe City of Denton temled "CONTRACTOR." . County of Denton and State of Texas , hereinafter 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: Construction or Metto Street: based tiDon Bid #3345 - Annual Contract for Asphalt and Concrete Street Sections and Rcoairs in the amount not to exceed $250.000 and all extra work in connection t11erewith, 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, as attached to the Contract Agreement for Bid #3345 dated November 17,2005, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), and Instructions to Bidders, as referenced herein and on file in the office of the Purchasing Agent, and in accordance with all local, state and federal laws; and plans, which includes all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by: City of Denton Engineering Deoartment all of which arc 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 considcred 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 exprcssly understood that Contractor shall perform the services hereunder aceording to the attached specifications at the general direction of thc City Manager of the City of Denton, Texas, or his designee under this agreement. Indemnification Contractor covenants and agrees to and does hcrcby indemnify, hold harmless and dcfend, at its own expense, Owner, its officers, servants and employees, from and against any and all clain1s 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 perfonTIed hereunder by Contraetor, 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 Owncr. Contractor likewise covenants and agrees to, and does hereby, indemnify and hold harmless Owner during the performance of any of the terms and conditions of this Contract, whether arising out of in whole or in part, any and all alleged acts or omissions of officers, servants, or employees of Owner. Thc provisions of this paragraph arc solely for the benefit of the parties hereto and not intended to create or grant any rights, contraetual or otherwise, to any other person or entity. Choice of Law and Veone This agreement shall be governed by the law of the State of Texas and venue for its construction and cnforcement 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 tinle stated in the Proposal, subjcct 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 priec or prices shown in the Proposal, which forms a part of this contract, sueh payments to be subject to the General and Spccial Conditions of the Contract. CA-2 , . . IN W1Th'ESS WHEREOF, the parties of these presents have executed this agreement in the ycar and day first above written. ~ ....c--~ '-'---v' c::/ '--' \ (SEAL) ~~-~~ ~, CONTRACTOR Jagoe Publi~ r.O POBox 250 Dt:lI,tOII. i.x 76202 MAILING ADDRESS ""liD :31T""L -z. S- 8 I PHONE NUMBER 9 <{ c:::> '5 ?J?.J(7 -; L--- ~UMB~R BY: ~:~~ -lJ.P~ TITLE E..,LL~L PRINTED NA1\ffi (SEAL) CITY ATTORNEY CA-3 PERFORMANCE BOND STATE OF TEXAS ~ Bond No. 4353813 COUNTY 'OF DENTON Ij Project: Construction of Metro Street KNOW ALL MEN BY THESE .PRESENTS: That Jagoe-Puhlie Co. ~ whose address is . P.O. Box 250.,]2enton. IX 76202. hereinafter called Principal, <me! 'i.tJ.r~I!'c In..';ural}.c_e.....Compa.1DC v'___..__, a cOlporation organized ,md existing under the laws of the State of.. Texas , and fully antborizcd to trallsacl business in the State of Texas, as Surety, arc held and fimlly bound unto the City of Denton, a l11ul1ieLpal corporation orga.. ni'Led and existing under the laws '!Jthe State of Texas, her~aftcr called Owner, in the penal SUI11 of. Two hWldred filly thous.a11llvl50LLARS GIi.. 250.000~)lus ten percent of the stated penal sum as an additional sum of money rcpresenting additional eOUli expcnscs, attorneys' fees, and ll(jllitlated damages arising out of or cmmected with the below idcntiftcd Contract, lnlawfu\ money of the United States, to be paid in Denton County, Texas, for the payment of which sum well and truly to be made, wc hereby bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. This Bond shall automatically be increasecl by the amount of any Change Order or Supplemental Agrecl11cnt, whiGh increases the Contract price, but Ln no event shall a Change Order or Supplemental Agreement, which reduces the Contract price, decrease the penal sUln of this Bond. THE OBLIGATION TO PAY SAME is eondltioned as follows: Whereas, the Principal snt8:'vd into ". cq(<llr, Cot1lmcl, iclcnlilied by Ordinancc Number 2005-326, with the City of Denton, thc Owner, dated the .21tth..day of .. .July AD. 2006v,'1icoPY of which io hereto attached and l;l~de a part)lereof, Jt)r Bid 3345 - Anml1\li:ol!Lmct for A.~phalt and Conq<;te. Street Sectb:m.s and hcnal1s~/ NOW, THEREFORE, if the Principal shall well, truly and faithJ\1I1y perform aud fulfill all or the undctiakings, covenants, tenns, conditions and agrcclncnts of said Contract in accordance with lhel)]ans, Specifications ,md Contract DoculIlents during the original tcrm thereof ami ~l1'ly extension thereof which may be granted by the Owner, with or without notice to the Surety, <md during the lile of any guaranty or warranty reql1iredl1l1der this Contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, condi tions and agrcements of any ancl all duly authorizcd modifieatinns of said Contract that may hereafter be nUlc1e, notice of which modilications to the Surety being hereby waived; and, il"the Principal shall repair ancl/or rcplaGe all defects clue to [;mlty 111,rterials and workmanship that appcar within a period of one (I) year from the date of final completion and final aceeptancc of the Work hy the Owner; and, if tbe Principal shall fully indemnify and save IUlrmless the Owner from all costs and damages which Owner nl<tY suffer by reason of failure to so perfonn herein and shalll"ully reimburse and repay Owner all outlay ancl expense which thc Owner !\lay mcur in making good any default or deficiency, then this obligation sb,tll be void; otherwise, it shall remain \l1 full force and effect. Pl3 - I . ' PROVIDED FURTHER, tbat if any lcgal action bc 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 thafno change, extension of time, alteration or addition to tbe terms of the Contract, or to the Work to be performed thereunder, or to tbe 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. 'Ibis Bond is given pursuant to the provisions of Chapter 2253 of thc 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 dclivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Article 7.19. I of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas, IN WITNESS WHEREOF, this instrument is exeeuted in 3 eopies, each one of which shall be deemed an original, this the 24thdayof July ,20067 . ATTEST: PRINCIPAL BY: ~/{4'M4'A,,(7A' ~ SECRETARY ATTEST: Jagoe-Public. Co. BY:~ V(t€: PRESIDENT ~ SURETY BY: ~.~ ~Jp~ SureTec Insurance Company BY: r D1I\il . ~M..Kn~iY _ /' ATTORNE .IN.FA V Connie Jean Kregel The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process IS: Beverly M. Trimble NA11E: Allied North America Insurance Brokera~e of Texas. LLC STREET ADDRESS: 12770 Coit Rd., Ste. 750, Dallas, TX 75251 (NOTE: Date of Performance Bond must be date ofContracl. If Resident Agent is not a corporation, give a person's name.) PB.2 ~1j PAYMENT BOND STATE OF TEXAS ~ Bond No. 4353813 Project: Construction of Metro Street COUNTY 'oF DENTON ~ KNOW ALL MEN BY THESE PRESENTS: That --L-'lgD..e.=.l.'llhlic "CSL/ _, whose address is P.O. Box 250, Denton, TX ,"!62!}2 .._, hereinafter called Principal, and SureTec Insurance Compan~L___., a corporation organized and existing under the laws or the State of ~,~~, , and fully authorized to transact business in the Stute of Texas, as Surety, arc held and firmly bound unto the City of Denton, a municipal corporation organized and existing uncler the laws of the State of Texas, hereinafter calleel Owner, and unto all persons, finns, and corporations who may furnish materials for, or perform labor upon, the building or inlproven39nts hereinafter referred to, in the penal sum of Two HundrQd Fifty Thonsand DOL!.ARS-($_250,OOO till lawful money of the United States, to be paid in Denlon, County, Texas, (c)r the payment of which sum well and truly to be made, we hereby hind ourselves, our heirs, executors, aclministrators, successors, and assigns, joinl1y <Uld severally, firmly by these presents, This Bond shall automatically be increased by the amollnt of any Change Order or Supplemental Agreement which incrcases the Contract price, but in no event shall a Change Order or Supplemental Agreement which reduces the Contract price decrease the pcnal sum of this Bond, THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, tile Principal entered into a certain Contract, iclentif1cd by Ordinance Number 00.5-326, with the City of Denton, the Owner, ,d,!le(\ the )A,-,-"- day of July . AD. 2QQ_ ,copy of which is hereto attached and made a parl)lereof, tClr Biel 3342 - Annual Contrdct for As!J.h:llt and Concrete Street Sectiojumd B~palr:L/ NOW, THERIWORE, if the Principal shall well, truly ancl faithfully perform its duties and make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying labor and/or lnn1.cri(1.1 in the prosecution of the Work provided for in said Contract Clnd any and all duly authorized l11odiEcations of said Contract that lIIay hcreailer 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. PROVLDED FURTHER, that if any legal action be filed on this Bond, exclusive venue shall lie in Denton Connty, Texas, AND PROViDED FURTHER, that the said Surety, fat' value receivecl, hereby stipnlates 1111d agrees that no change, extension of lime, alteration or adclition to the terms of the Contract, or to the Work to be pCr!tmned thercundtor, or to the Plans, Specifications, Drawings, dc" accompanying the same, shall in anywise atfect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms oflhe Contract, or to the Work to be pct'fol'mecl thereunder, or to the Plans, Specifications, Drawings, etc, PB - 3 This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, as amended, and any other applicable statutes of the State ofTcxas. 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 providcd by Article 7.19.1 of the Insurance Code, Vernon's Annotated Civil Statutes ofthe State of Texas, IN WITNESS WHEREOF, this instrument is executed in ...2... cSWies, each onc of which shall be deemed an original, this the 24th day of July , 2006/ ATTEST: PRINCIPAL BY:~h'~ SECRETARY Jagoe-Public Co. BY: ~7Xu,~/ VICE PRESIDENT ATTEST: SURETY BY: (!/jryJdA-f ~) ~~ S"rp']'pc rnO"r"nCP rnmVf, BY: ~~~1y~~~~~. Connie Jean Kregel , The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process IS: Beverly M. Trimble N~E: Allied North America Insurance Brokerage of Texas, LLC STREET ADDRESS: 12770 Coit Rd., Ste. 750, Dallas, TX 75251 (NOTE: Date of Payment Bond must be date of Contract, If Resident Agent is not a corporation, give a person's name.) PB-4 c1- \~1\~ '1'lj POA #, 4221003 I SureTec Insurance Corppany LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANy~Jompany")' a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston,\Harris County, Texas, does by these presents make, constitute and appoint L. Ray Pitts, Jr., Beverly M. Trimble, Richard M. Abbott, Steven Jay 'Rauch, Connie Jean Kregel ~ of Dallas, Texas its true and lawful Attorney(s)-in-fact, with full power and authority h~reby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety, providing the bond penalty does not exceed Five Million and no/lOO Dollars ($5.000.000.dO)/ and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. Said appointment shall continue in force until Julv 31. 2007./ and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved. that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint anyone or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attomey~in.Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 2fYh of April, 1999) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 20th day of June, A.D. 2005. ufl,ANC ~~/-"'''''~ 0. J://~'1\o.. ~ I l~ w1w ''', ~\ ;;, }~. ~ \.......~--......./7 :-" On this 20th day of June, A.D. 2005 before me personally came Bill King, to me kno\VTl, who, being by me duly sworn, did depose and say, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. By: State of Texas County of Harris ss: e Ml=::V . . 8laIe of TexCII . My CommIssIon Expires "'~ Augusl27.2008 M~~N~ My commission expires August 27, 2008 T, M. Brent Beaty, Assistant Secretary ofSURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. / / ,20~, A.D. Given under my hand and the seal of said Company at Houston, Texas this ~~ Any instrument Issued In excess of the penaity stated ab~ve is totally void and without any validity. For verification of the authority of thiE. power you ma~' cail (71S) 812-0800 any business day between 8:00 am and 5;00 pm CST. oV:'"\ol, ....\?,t; . ., 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 telt~phone number for information or to make a complaint at: 1-866-732-0099. You may also write to the Surety at: SureTec Insurance Company 5000 Plaza on the Lake, Suite 290 Austin, TX 78746 You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints at 1-800-252-3439. You may write the Texas Department of Insurance at PO Box 149104 Austin, TX 78714-9104 Fax#: 512-475-1771 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance. -----------------------------------------------------------------------------------------------------------------.---------- Terrorism Risks Exclusion The Bond to which this Rider is attached does not provide coverage for, and the surety shall not be liable for, losses caused by acts of terrorism, riot, civil insurrection, or acts of war. Exclusion of Liability for Mold, Mycotoxins, Fungi & Environmental Hazards- The Bond to which this Rider is attached does not provide coverage for, and the surety thereon shall not be liable for, molds, living or dead fungi, bacteria, allergens, histamines, spores, hyphae, or mycotoxins, or their related products or parts, nor for any environmental hazards, bio-hazards, hazardous materials, environmental spills, contamination, or cleanup, nor the remediation thereof, nor the consequences to persons, property, or the performance of the bonded obligations, of the occurrence, existence, or appearance thereof. Texas Rider 010106 ACORQ CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDDfYYVY) 11/22/2005 PRODUCER (940) 382-9691 FAX (940)243-1050 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Ramey & King Insurance ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 510 North I-35 E ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Denton, TX 76205 Nicole Green INSURERS AFFORDING COVERAGE NAIC# INSURED Jagoe Publ ic Company, Inc.~ INSURER A: Travelers Cas & Surety 19038 Bi 11 Cheek O~,,\\I>I, INSURER B: St. paulfTravelers Insurance 0063 P D Box 250 INSURER c: Arch Specialty Insurance Denton, TX 76202 /1 'Q ~~ INSURER D: Phoenix Insurance 25623 INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLlCY PERIOD INDICATED. NOfW?rHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE I~ED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDI~S OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. = INSR DO' TYPE OF INSURANCE POliCY NUMBER POlley EFFECTIVE P~~lf.r,EXPlRAT10N LIMITS N ~NERAL L1ABlllTYV C0492D3719 -10/01/2005 10/01/2006 EACH OCCURRENCE ,<...U 1,000,000 X COMMERCIAL GENERAL LIABILITY / DAMAGE TO RENTED '- 300,000 I CLA:~-\S "JDE 0 OC(:UR MED EXP (Anyone person) '3 A - PERSONAL & ADV INJURY '1-0 1,000,000 - GENERAL AGGREGATE "V' 2,000,000 ~'L AG~EnE ~~: APPl5PER: PRODUCTS. COMP/O? AGG ,..:: 2,000,000 POLICY JECT LOC ~ ~TOMOBILE L17V DT1ENCAP492D370705 1'10/01/2005 10/01/2006 COMBINED SINGLE LIMIT . (ESllccidenl) , X ANYAUTD 1,000,000 ""- ALL OWNED AUTOS BODILY INJURY - (Perpel1lon) $ SCHEDULED AUTOS B - - HIRED AUTOS BODILY INJURY (Peraccldenl) , - NON-QWNEO AUTOS -- PROPERTY OANIAGE , (pc:rllccldenl) ==rGE LIABILITY AUTO ONLY. EA ACCIDENT , ANY AUTO OTHER THAN EA ACC , AUTO ONLY: AGG , EXCESSlUMBRELLA LIABILITY ULP001024500 10/01/2005 10/01/2006 EACH OCCURRENCE , 5,000,000 X OCCUR o CLAIMS MADE AGGREGATE , C , 5,000,000 =1 DEDUCTIBLE , .----- RETENTION , /' ~ ~ , WORKERS COMPENSATION ANDV' DTOUB492D3732 '1.0/01/2005 10/01/2006 XI WCSTATU. I /IOJ~- EMPLOYERS' LIABILITY 1,000,000 D ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT , OFFICER/MEMBER EXCLUDED? E.L. DISEASE. EA EMPLOYE , 1,000,000 If yes, describe under 1,000,000 SPECIAL PROVISIONS below E.L. DISEASE . POLICY LIMIT , OT~ER , QT6605371B337 10/01/2005 10/01/2006 Rented/leased Equipm~nt up to In and Mar1ne $300K/Item DF~~RIPTION OF OPERA TIQNS I LOCA T~NS I VEHICLES I EXCI.-USIONS ADDED BY ENDORSEMENT /SPECIAL PR~S lt of Denton 1S name as ~ddtnl 1nsd as well as cert holder. Sa1d pol shall not be cancelled, nonrnwd r materially changed without 30 days advance written notice being given to the OWner, except when the 01 icy is being cancelled for non pmnt of premium, in which case 10 days written notice is required,~ aiver of Subrogation for all pol icies is in place, in favor of The City of Denton.~ roject: Bid# 3345 Asphalt & Concrete St Sect & Repairs - Contract amount not to exceed $SOOK = COVERAGES /" ~ -- r ,..- -- CERTIFICATE HOLDER CANCELLATION City of Denton, It's Officials, Agents Employees and Volunteers ~ 901 B Texas Street Denton, TX 76201 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRA~ATE THEREOF, THE ISSUING INSURER WILL ~~>> MAIL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. ACORD 25 (2001/08) James Kin ORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) ~ &n ~:a l<l 'li~ C> ..~ .. -- ... 8'; oe 19a <0 ....:fli! ~ 1: <8. ~ E ~ _ ~ = 010 0 Z ~i it) t ~ ~ 5 c! ~ =u ~ ~ .. ~ ~ f:! 1:= CD f ~8 ~ - ~~ :s.9- 1-. }~)V (?~ R.5 =~ Gr1.<::;' g~ c~ ~) . . @ \P '" o '" <D ,... '" < x w f.,. Z o cniz <I::!5 '" ><_0 '" Wf.,.';- .... wo> w"" ~a: '" ZI-CS o"'~ ....'" z~~ WI- Cillo ~o o~ LL 0>';- o-~ 1-'" >ZCS ....w.... ;:00> -w o~ z <: ;:0 '" -'-' ~ a: w l;: ;:0 2 '" a. S " ~ Q. " " '" :; ~ j .!!Ui! 8.g~2 '0 >- c IfD > ~s.;c .s :1~~ ~ C::IS r: a, "gwC ." .... c o ..:( ~ ~ " c .. '" ffi W '" tii z o I- Z W C u. o ~ () ~ 0. :;: fJ) :!l 1-'" fJ)'" fJ)r- ~~ "'!z oW .0>0 ~ N - N >- ~ ::;: o N () 0 () ~ :J .... '" ox ::> "'l- ll. NZ W ~o o &:Q~ ~ ow ..., .~c E c E! zu. ~l ~ ~~ ~ c C> .. 1ii z E ~ '" '" co " -" ~ is 1< o co c 1ii co 'oil .. c '" o u. C I- 0. :c fJ) :E '" !! u. "' C> C> ~ ~ al 10 " " .,. ~ '" 8 ~ ~ j J ::>::;1 ~ ~ " 1< o ~ tl c :n j i co .9 c.~ ~ :3 ~ co c a 1; ~ .. c ~ '" .. " :J ~ .. c i~ ~ " 00 " .. 8 ~ ~ ~o. 8 "E 'C ::>0. 8 o ... g '" j .... N N ~ '" .c f co :J ,,; ~ fi/ " iii ... - '" ~ ~ r- <'i ~ 0. ~ ~ '" ~ E '" 0 o z E :1? ~ o C> '" "' Ie g C> o o re '" a; v o o g '" llj a; ... .... w w a: .... '" >- a: ~ o 'i' j ;:: <'i r- ~ " .. o co 8 \r N Q. '" .. >- E '" 0 o z E N ~ ~ o C> '" "' Ie '" '" '" '" o .; ... ~ 1\l- '" '" 8 '" ... ~ ,,; N fJ) -' g o ... d "' ::l '" ; r- '" N ~ '" "' , :5 ,,; ~ fi/ " iii i co :J ,,; ~ fi/ " <ii o ;; @) >- (J) o i8 ~ &, :0 .l!l (J) 1< .8' :s C/) 0 o z E CO) !! ~ o is 18 ~ o o ~ ~ '" '" 8 d '" oi '" fJ) -' 8 o ... d "' '" - '" ... ;! N ~ '" ~ o is "' '" .... '" o o 8 .,; N ~ ':i '" '" 8 .,; N ,,; - C/) -' g ;; ... d "' .. '" ... ... r- N N ~ '" i co :J ,,; ~ fi/ " iii '" N ;; @) s ~ :0 .l!l (J) ~ ,g ~ :J 0 o z E v ~ ~ o is Ie g o 8 <ri o '" ;i o o 8 <ri o '" 6 - fJ) -' '" '" ;; ... d "' ::l ~ l;; N ~ '" g ;; ... d "' ::l ~ r- N N o '" '" '" t " :J ,,; ~ ~ iii i " :J ,,; ~ fi/ " iii .... i >- () ~ '" ~ W ... " ;;;) 0 o z E ~ ~ '" ~ '" ~ (J) g l::' I " " p '" 0 o z E CQ ! ~ o '" '" '" Ie '" '" '" o o 8 .... sf .. 8 o o d o ... sf '" C/) ... o o ,..: Sl ,,; OJ is 1< o :s ~ ~o "0 " . ~.... 0'" '" ~re- ~.. lilg 1-. ~ " .. fJ) '" "8 ~ !i " r '", " .~ E '" c U) ~ .?E ;'::1: ~ ~ a>~ c c ~ - - "t:t "r: ~ S S s ~ i3 Cl , ~ co .2 ~ 'co o ,s ~ g- o; ~ :s 0. " ;; '" x ~ ~ " o o '" a; z E ~ CONTRACT AGREEMENT STATE OF TEXAS S COUNTY OF DENTON S THIS AGREEMENT, made and entered into this 28th day of August AD, 2006, by and between City of Denton of the County of Denton and State of Texas, acting through Howard Martin thereunto duly authorized so to do, hereinafter termed "OWNER," and lagoe-Public Company, Inc. P.O. Box 250 Denton. TX 76202 of the City of Denton termed "CONTRACTOR." , County of Denton and State of Texas , hereinafter 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: Re-Construction of Hickory Street from Bell Street to Exposition Street based upon Bid #3345 - Annual Contract for Asphalt and Concrete Street Sections and Repairs in the amount not to exceed $519,937.00 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, as attached to the Contract Agreement for Bid #3345 dated November 17, 2005, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), and Instructions to Bidders, as referenced herein and on file in the office of the Purchasing Agent, and in accordance with all local, state and federal laws; and plans, which includes all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by: Citv of Denton Engineering DeDartment all of which are referenced herein and made a part hereof and collectively evidence and constitute the entire contract. CA-I Independent Status It is mutually tmderstood 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 agreemen 1. 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 in vi tees, 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, indemnity and hold harmless Owner during the performance of any of the terms and conditions of this Contract, whether arising out of in whole or in part, any and all alleged acts or omissions of officers, servants, or employees of Owner. The provisions of this paragraph are solely for the benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other person or entity. Choice of Law and Venue This agreement shall be governed by the law of the State of Texas and venue for its construction and enforcement shall lie in the courts of Denton County, Texas. The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in written notice to commence work and complete all work within the time stated in the Proposal, subject to such extensions of time as are provided by the General and Special Conditions. The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the Contract CA-2 IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. ~ ~/ City of Denton OWNER ~ BY J1VrJ. JM,'JtfViA / -f:IITt . ) (SEAL) ATTEST 7/VUU'~1 -z-, & <. S"'j<>e- Pl\bl;" Co'^-\. fa." 1 CONTRACTOR p, 0, 160)<. 2S;o be.",-+-o'" I le..,lUU 7 I.. "2--<::,2.. ~ BY: MAILING ADDRESS (qlf'D) 3fL- 2S-g/ PHONE NUMBER ( 1'10) 3S)." - q 7 ~ 2.- FA~BER ~ ~ h-()? TITLE / /3,'L( C~ ee L PRINTED NAME APPROVED AS TO FORM: (SEAL) CITY ATTORNEY CA-3 PERFORMANCE BOND STATE OF TEXAS 9 Bond No. 4353818 COUNTY OF DENTON 9 KNOW ALL MEN BY THESE PRESENTS: That Jagoe-Public Company. lnc.~se address is P.O. Box 250 Denton, TX 76202 hereinafter called Principal, and Sur.Tec Insurance Company7 , a corporation organized and existing under the laws of thc State of Texas , and fully authorized to transact busincss in the State of Texas, as Surety, are hcld and firmly bound unto the City of Denton, a municipal corporation organized and existing undcr the laws of the State of Texas, hereinafter c~led Owner, in the penal sum of Five Hundred Nineteen Thousand Nine Hundrcd Thirtv SevenvOOLLARS ($ 5l9,937.00r- 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 onhe 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, exccutors, administrators, successors, and assigns, jointly and severally, firmly by these prcsents. This Bond shall automatically be increased by the amount of any Changc Order or Supplemental Agreemcnt, which incrcases the Contract price, but in no event shall a Change Order or Supplemental Agreement, which reduces the Contract price, dccreasc the penal sum of this Bond. THE OBLIGATION TO PA Y SAME is conditioned as follows: Whcreas, the Principal entered into a certain Contract, identified by Ordinancc Number 2005-326, with the City of Denton, thc Owner, datcd the ~ili_ day of August AD. 2006 ~py of which is hereto attached and made a partj}ereof, for Bid 3345 - Annual Contract for Asphalt and Concrete Street Sections and RcpaIrs. .,/' NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill all of thc 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 thcreof 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 matcrials and workmanship that appear within a period of one (I) year from the date of final completion and final acceptance of the Work by thc 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 venuc shall lie in Denton County, State of Texas. AND PROVIDED FURTHER, that the said Surety, for valuc 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 perform cd thereunder, or to the Plans, Specifications, Drawings, etc., accompanying the same, shall in anywise affect its obligation on this Bond, and it docs hereby waive notice of any such change, extension of time, alteration 01' 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 mattenfarising out of such suretyship, as provided by Article 7.19- I of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas. IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of which shall be deemed an original, this the 28lli day of August, 2006. ~ ATTEST: PRINCIPAL BY:~??~ ~.~. SECRETARY I-- Jagoe-Public Company, Inc. BY:~/ ViCE- PR'SIDENT ATTEST: SURETY BY: ci(k~er~~L~ , Sure Tee Insurance Company _ BY: r J)I1W.0-0rl^-- Kflo~ ATTORNli:Y-IN-FAC Connie Jean Kregel The Resident Agent of the Surety in Denton County, Texas for delivery of notice and serviceof;he process IS: Beverly M. Trimble NAME: Allied North America Insurance Brokerage of Texas, LLC STREET ADDRESS: 12770 Coit Rd., Ste. 750, Dallas, TX 75251 (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~Y? PAYMENT BOND STATE OF TEXAS s Bond No. 4353818 COUNTY OF DENTON !i KNOW ALL MEN BY THESE PRESENTS: That Jagoe-Public Company, Inc.~sc address is P.O. Box 250 Denton 'I' .76202 , hereinafter called Principal, and Sure Tee 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 hereinafter referred to., in the pen~m Five Hundred Nineteen Thousand Nine Hundred Thirty Sevenv60LLARS ($ 519,937.001ln 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 Nu~' 2005-326, with the City of Denton, the Owner, dated the ~lli _ day of August A.D. 2006, a copy of which is hereto attached and made a parj..-hereof, for Bid 3345 - Annual Contract for Asphalt and Concrete Street Section and Repairs./ NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties and make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying labor and/or material in the prosecution of the Work provided for in said Contract and any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby expressly waived, then this obligation shall be void; otherwise it shall remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive venue shall lie in Denton County, Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc., accompanying the same, shall in anywise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc. PB - 3 This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, as amendcd, and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surcty herein as thc Resident Agcnt in Denton County to whom any requisite noticcs 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 Insurancc Code, Vernon's Annotated Civil Statutcs of the State of Texas. IN WITNESS WHEREOF, this instrument is executed in L sPpies, each onc of which shall bc deemed an original, this the --1Jiili. day of August, 2006..........- ATTEST: BY: ~UUUI----z-.. _ & /. " ,... SECRETARY PRINCIPAL Jagoe-Public Comoanv. Inc. BY: ~~~ VI LE- PRESIDENT ATTEST: SURETY BY:_~~~ Cin y Fow r SureTec Insurance Company (J .~ /' BY: I [jI,/W ~ I<.norxQ ATTaR "Y-IN-FA~ Connie Jean Kregel " The Rcsident Agent of the Surety in Denton County, Tcxas for delivery of notice and service of thc process is: Beverly M. Trimble NAME: Allied North America Insurance Brokerage of Texas , LLC STREET ADDRESS: 12770 Coit Rd., Ste. 750, Dallas, TX 75251 (NOTE: Date of Payment Bond must be date of Contract. II'Resident Agent is not a corporation, give a person's name.) PB-4 o't;\O'- ''''sf POA#, 4221003 I SureTec Insurance Company I LIMITED POWER OF ATTORNEY . /1 K"ow All Me" by These Presfllls, That SURETEC INSURANCE COMPANY '(the "<Company"), a corporation duly organized aud existing under the laws of the State of Texas, and having its principal office in Houston,l Harris County, Texas, does by these presents make, constitute and appoint I L Ray Pitts, Jr., Beverly M. Trimble, Richard M. Abbott, Steven Jay.Rauch, Connie Jean Kregel/' of Dallas, Texas its true and lawful Attomey(s)-in-fact, with full power and authority h~reby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instru~ents or contracts of suretyship to include waivers to the conditions of contracts and consents of surety, providing the bond penalty does not exceed Five Million and noli 00 Dollars ($5,000,000.0'0) ~ and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Company and dilly attested by its Secretary, hereby ratifying and coDfirming all that the said Attorney(s)-in-Fact may do in the premises. Said appointment shall continue in force until Julv 31. 2007 ~ and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved. that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint anyone or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and scaled and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 2Ull a/April, /999 ) III Wit"ess WllereoJ, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 20tll day of June, A.D. 2005. By: State of Texas County of Harris ss: e Mi~~,::nV . . lIlaIe oITexa1 . My CclmmJJsIon BcpIres "'~ August 27. 2008 1\ti~ ~ Michelle Denny, Notary Pub IC My cOJrunissioD expires August 27, 2008 I, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthennore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston, Texas this 125;:tl dayof l4u@us5l-- /" Any instrument issued In excess of the penalty .iOtated above is totally void and without any validity. For verification of the authority of this power you may c~1I (713) 812..()800 any business day between 8:00 am and 5:00 pm CST. ~~ \ol\r .., -I.- 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 telr"phone number for information or to make a complaint at: 1-866-732-0099. You may also write to the Surety at: SureTec Insurance Company 5000 Plaza on the Lake, Suite 290 Austin, TX 78746 You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints at 1-800-252-3439. You may write the Texas Department of Insurance at n PO Box 149104 Austin, TX 78714-9104 Fax#: 512-475-1771 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ~.._--~-----~-_.._--------------------------------------------------------------_.._----~----~------------~-----------~-------- Terrorism Risks Exclusion The Bond to which this Rider is attached does not provide coverage for, and the surety shall not be liable for, losses caused by acts of terrorism, riot, civil insurrection, or acts of war. ------------------------------------------------------------------------------------------------------------------ Exclusion of Liability for Mold, Mycotoxins, Fungi & Environmental Hazards The Bond to which this Rider is attached does not provide coverage for, and the surety thereon shall not be liable for, molds, living or dead fungi, bacteria, allergens, histamines, spores, hyphae, or mycotoxins, or their related products or parts, nor for any environmental hazards, bio-hazards, hazardous materials, environmental spills, contamination, or cleanup, nor the remediation thereof, nor the consequences to persons, property, or the performance of the bonded obligations, of the occurrence, existence, or appearance thereof. Texas Rider 010106 ..,OCT.20 . 06 (FB!) 11 :24 CITY OF DENTON PURCHASING 940 349 7302 PAGE. 2/3 ACORDN CERTIFICATE OF LIABILITY INSURANCE I. DATEIMMIODIYY'r"V) . . 0.9/29/2006 PRODUCER (972) 455-1400 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION l\.lHed North America Insuran~e ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Brokerage of TexAs. LLC ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 12770 Coit Road, suite 750 Pall"s TX 75251- .lli~~.~RS_~ffORDING COVERAGE NAIC# -.-'--~~~.' ._..~._-~.-..__.~....~~~...._~.- ---......-.-.... INSVREt'J O~\.y 'NSuAeA A TRAVELERS LLOroS Jagoe-Publio Co., Inc./' INSURER B~ TRAVELERS PR.OPERTY' & CAS 3020 Vort Worth Drive \O~ ~~ 'NSUR"" c, PHOENIX INSURl\.NCE CO INSURER 0: Arch gnaciBl t'V Ins Co A-lN Denton XX 76201- INBURER E; COVERAGES THE POUCIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR iHE POLICY PERIOD INDICA TED. NQTWITHST ANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH REspeCT TO WHICH THIS CERTlftCATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES oesc,q:taeo HEReiN rS SUBJECT TO ALL THe TERMS, EXCL.USIONS AND CONDITIONS OF SUCH POLICIES. AGGREGI\1.~.H~~N MAY HAVE BEEN REDUCED BY PAID CLAIMS. ~'?i~~~~~e rg~-flI~~:~N ......--...-- "SA ~~~~ LTR 'tYpe OF INSUAANc,e POI.ICY NUMe.~R - LIMITS l\. ~NE;lU.l UA61lITY .......... C0492D371'~06 10/01/2006 10/01/3007 ~H OCCURRENCE S 1,000,000 X COMMERCJAI. GENtiRA.1,. LIABILITY V- I ~~~~IY~~~tK:e . 300,000 I CLAIMS MAOE ~ OCCUA / / / / MEO txP IAnII' one ntlfWrl\ S 5/000 I-- PERSONAl. & AOV INJURy . 1,000,000 I. / / / / 2,000,000 I-- GCN6RALAGGREGAr~ S nL AGG~En UM~ Apr PER~ PRfU\UCTS. r.rw.PIOP AGG S 2,000,000 POliCY FJrBi LOC / / / / - B ~OMOI!IILI! LIABILITY ../ BU92D3701.06 ,/ 10/01/2006 10/01/2007' COMBINeo SINGLE. LIMIT 1,000,0001- ~ ANY AUTO /' j(;aaccldenl) . I- All OWNEO AUTOS / / / / aoDtL Y INJURY (Perpmon) S I-- SCHEDULED AUTOS ~ HIREO -'UTOS / / / / BODILY INJlJRY (P....~d.nl) . ~ NON.QWNeO ,l,VTQS .... I- / / / / PRO~RTY Ol'MAGe (PIII'ae<:lder\l) . qQ. LlA"U.m AUTO ONLY - EA ACCIDENT . "NV AUTO / / / / OTHER THAN EAACC . AUTO ONl. y; AGO . D ~E5S1\1M8~I.I.A I.lAS1I..ITY ULf0010.C5-01 10/01/2006 10/01/2007 "'''I'"H n""I'IIRRENCe. . 5,000,000 X OCCu~ D CLAIMS MAD'" AGGREG" TE . 5,000,000 . ==i OEOUCT'BLE / / / / . RETENTION ~ 10, (100 ./ . C WOftKeR~ COMPENSATION AND /' tt84920]?12-06 " 10/01/2006 10/01/3007' X I T'i\ilSJT ~l,~s I '1 OJ:!" iillIIPl.OYIiRS' LIABlI.ITY 1,000,000 - J'.NY P'ROPfl'If;itORJPAHtNERle.xeCuTIVE E.L. 5ACH ACCIDENT S - Of:"FICERIME"le:eA e..;CLUDe07 / / / / I!,L. DISEASE. EA EMPLOYEE S l,OOO,ooq If)les.~bl!ll,lod~ - SPECI~l. PROV~ONS beloW E.L. DWEASE . POl,lCY I.IMIT . 1,000,000 A OTl1l!:R INLAND MARI~ QT6605311Bl37 10/01/2006 10/01/2007 t.D.S1RD/R:JfN'I'BD ii:QUIP / / / / MAX PB:Jl. I'mi 300,000 / / / / DESCRIPTION Or- OPERA110NSIlOCATlONSfVEHICLES/EXCLUSlON9 ADDE~NDOR5"EMENT/5PECIAL PROVISIONS ~ CITY OP DBNTOu YS ULuED AS ADDITIONAL RS,PROJRCT 339J ANNUAL CONT~CT. SAID POLICY SHALL NOT 5S CANCELLED, NON IUCHKWBP OR KATERIALLY CHAHGI)) WITHOUT JQ DAYS ADVANCED WRITTBN NOTICE eKING OIV'BN TO 'l'HB ONNZR, IXC~WHEN THE POLICY IS BBING CANCBLtED 'OR NON PAYMENT or PRBHIUM~ IN WHICH CABI 10 D~ITTEN NOTICE IS R&QUIRBD. AIVIR OF SUBROGATXOW XS XNCLUDKO 'OR ALL POLICIES IN PAVOR or THI CITY or naNTON. CERTlFIC.HE HOLDER ( ) / (HO) 349-7302 CITY OF D~rON, IT'S OFFICIALS, Il:MPLOYJI:!l:S AND VOLllNT!l:IlRS 901 B TEXAS STREET DE:NTON ACORD 25(2001/08) ~'N- IHS025 (0108).05 AOllNTS, CANCELLA TION SHOUl.D ANY OP THE ABOVE DESCRlIJfD POUCIE$ De CANCI!I.L.~O HFORE THE EOOaIRA'J1~te THI!!RI!!OP, TH! tsSUING INSURER WILL E:NDEAVOA: TO MAIL ~AYS WRITTEN NOTice TO THe CEfmFICATE HOlDER NAMED TO THE LEFT. BUT PAlLUA:e TO DO 80 SHA\.L IMPOSE NO Obl.lGATION O~ l.lAbtLtTV OF ANY KINP UPON THE lNSUfUi ITSAQeHl'S OR REPRES!:NTATIVE8. AUTHORIZ!D R!ZllVI! TX 76201- El.ECTRONIC LASER F'O~MS, INC. -(600)321.054$ .OCT 20 . 06 IFRII 11.24 CITY OF DENTON PURCHASING 940 349 7302 PAGE, 3/3 . . IMPORTANT II the cerolic"te holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the cerUflcale hold.r in lieu of such endorsement(s). II SUBROGATION IS WAIVED. subject to the terms end conditions of the polley. certeln policies may require en 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 Insurerls), "ulhorlzed representative or producer, and the certifICate holder, nor does it affirmatively or negatively amend. extend or alter the coverage afforded by the policies listed thereon. .. ACORD 25 (2001/08) ~"...INS025(O'O!).05 ~2of~