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2003-382ORDINANCE NO. 2003 -,3,Y2- AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF THE CARROLL BOULEVARD URBAN STREET PROGRAM MISCELLANEOUS STREET REPAIR; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 3048-URBAN STREET PROGRAM CARROLL BOULEVARD AWARDED TO SILVER CREEK CONSTRUCTION, INC. IN THE AMOUNT OF $407,905). WHEREAS, the City has solicited, received and tabulated competitive bids for the construction of public works or improvements in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or improvements described in the bid invitation, bid proposals and plans and specifications therein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the following competitive bids for the construction of public works or improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids: BID NUMBER CONTRACTOR AMOUNT 3048 Silver Creek Construction, Inc. $407,905 SECTION 2. That the acceptance and approval of the above competitive bids shall not constitute a contract between the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, and insurance certificate after notification of the award of the bid. SECTION 3. That the City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein. SECTION 4. That upon acceptance and approval of the above competitive bids and the execution of contracts for the public works and improvements as authorized herein, the CityCouncil hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto. SECTION 5. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the Zmd. day of 2003. /A 4 - - EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY. CITY ATTORNEY BY: 3-ORD-Bid 3048 CONTRACT AGREEMENT STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT, made and entered into this end day of December A.D., 2003, by and between QtY of nentan of the County of Denton and State of Texas, acting through Mirhael A Cnndnff thereunto duly authorized so to do, hereinafter termed "OWNER," and of the City of Ponder , County of Penton and State of Texas , hereinafter termed "CONTRACTOR." WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by OWNER, and under the conditions expressed in the bonds attached hereto, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified below: Rid # 304,9 - Cnnstrnrtinn of Carroll Bnnlevard Urban Street Program Micrellanennc Street Repair in the amount of 407 905 nn 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 attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), Instructions to Bidders, and the Performance and Payment Bonds, all attached hereto, and in accordance with the plans, which includes all maps, CA-1 plats, blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by: all of which are referenced herein and made a part hereof and collectively evidence and constitute the entire contract. 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 shall and does hereby agree to indemnify and hold harmless the City of Denton from any and all damages, loss, or liability of any kind whatsoever, by reason of injury to property or third persons occasioned by any error, omission or negligent act of Contractor, its officers, agents, employees, invitees, and other persons for whom it is legally liable, with regard to the performance of this Agreement, and Contractor will, at its cost and expense, defend and protect the City of Denton against any and all such claims and demands. 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 BY: City of Dentnn OWNER (SEAL) in the year and day first above written. ATTEST: ATTEST: CONTRACTOR f~0, l~a~ Z9a MAILING ADDRESS PHONE NUMBER (SEAL) CA-3 PRINTED NAME Bond #104086986 PERFORMANCE BOND STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That Silver Creek C nnctrnrtinn Tnr ✓ whose address is P C) Box 950, Ponder. TX 76159 hereinafter called Principal, and Travelers Casualty and Surety Company of America a corporation organized and existing under the laws of the State of Connecticut 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 calledfOwner, in the penal sum of Eour mdd Seven Thnnsand Nine Hundred Five and nn/lnrl hOLLARS dtn gn5 nn) us ten percent of the stated penal sum as an additional sum of money representing additional court expenses, attorneys' fees, and liquidated damages arising out of or connected with the below identified Contract, in lawful money of the United States, to be paid in Denton County, Texas, for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement which reduces the Contract price decrease the penal sum of this Bond. THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain Contract, identified by Ordinance Number 2.003-482 with the City of Denton, the Owner, dated the day of Imemher A.D. copy of which is hereto attached and made a part hereof, for Rid '3044- C'onstrnrtion of Carroll Rnnlevard NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill all of the undertakings, covenants, terms, conditions and agreements of said Contract in accordance with the Plans, Specifications and Contract Documents during the original term thereof and any extension thereof which may be granted by the Owner, with or without notice to the Surety, and during the life of any guaranty or warranty required under this Contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby waived; and, if the Principal shall repair and/or replace all defects due to faulty materials and workmanship that appear within a period of one (1) year from the date of final completion and final acceptance of the Work by the Owner; and, if the Principal shall fully indemnify and save harmless the Owner from all costs and damages which Owner may suffer by reason of failure to so perform herein and shall fully reimburse and repay Owner all outlay and expense which the Owner may incur in making good any default or deficiency, then this obligation shall be void; otherwise, it shall remain in full force and effect. PB-1 PROVIDED FURTHER, that if any legal action be filed upon this Bond, exclusive venue shall lie in Denton County, State of Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc., accompanying the same, shall in anywise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc. This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, as amended, and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Denton County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Article 7.19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas. IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one91ef which shall be deemed an original, this the 2nd day of December 2003 ✓ ATTEST: BY~ SECRETARY PRINCIPAL Silver Creek Construction. Inc IDENT ATTEST: SURETY /f Travelers Casualty and Surety Camp of America Tr ey L. lmer BY: CV11 Aaf5e-~ 7 ATTORNEY-IN-FACT D is M. Dascant> Jr. The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is: NAME: Derrell C. Dodson STREET ADDRESS: 8350 Meadow Road, Suite 181, Dallas, Texas 75231 However, Please See Attached Claims Notice for Actual Address to Send Claims (NOTE: Date of Performance Bond must be date of Contract. If Resident Agent is not a corporation, give a person's name.) PB-2 l~4 Band #104086986 PAYMENT BOND STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That Silver Creek Cnnctnirtion Tn=,-~ whose address is P 0 Rnx ?5()- Ponder, TX 7059 hereinafter called Principal, and Travelers Casualty and Surety Company of America a corporation organized and existing under the laws of the State of Connecticut , 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 pe sum of Four Hundred Reven Thniiqnnd Nine ffiinfirnd Five and nn/100 DOLLAR 4n7 905 nn 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 7.nn~-~R7 , with the City of Denton, the Owner, dated the 7.nd day of Deremher A. D. ?nna copy of which is hereto attached and made a part hereof, for Rid 300 - Conctn,rtinn of Carrnll Rnnlevard Tirhan Street Program Micrellanenna Street Repair, NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties and make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying labor and/or material in the prosecution of the Work provided for in said Contract and any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby expressly waived, then this obligation shall be void; otherwise it shall remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive venue shall lie in Denton County, Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc., accompanying the same, shall in anywise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc. PB-3 This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, as amended, and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Denton County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Article 7.19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas. IN WITNESS WHEREOF, this instrument is executed in 4 copies, each on f which shall be deemed an original, this the 2nd day of December 2003 ATTEST: BY~ ).~C IJL/~ SECRETARY ATTEST: PRINCIPAL Silver C o truction nc. B . ENT SURETY Travels s Casualty and Surety Co of America Tracey L. elmer U~~Gr BY: ATTORNEY-IN-FACT D nis M. Descant, Jr. The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is: NAME: Derrell C. Dodson STREET ADDRESS: 8350 Meadow Road, Suite 181, Dallas, Texas 75231 " However, Please See Attached Claims Notice for Actual Address to Send Claims (NOTE: Date of Payment Bond must be date of Contract. If Resident Agent is not a corporation, give a person's name.) PB-4 t~ TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA Bond #10406966 , . TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY Hartford, Connecticut 06183-9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT KNOW ALL`ERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents make onstitute and appoint: Jeffrey L. Brady, Edwin W. Chapman, Kelly Gerland, Lanctte E. Bauer, Dennis M. Descant, J StSaron L. Nail, Tracey L. Helmer, of Houston, Texas, their true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the following instrument(s): by his/her sole signature and act, any and all bonds, rccognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attorney(s)-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attomeys-in-Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary. VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if required) by one or more Attomeys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attomeys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. Nccixd (01.03) Standard IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused this instrument to be signed by their Senior Vice President and their corporate seals to be hereto affixed this 29th day of January, 2003. STATE OF CONNECTICUT )SS. Hartford COUNTY OF HARTFORD ~~rry y,~~Yr ♦xpr O~6Uq~~ t~ ra q pI p? r ~ 3~ rt0.1~ aO' ="=60 cam. coNx p r 3 .f8 y p 86~~ s ~+•u~pa '~Lr per ry ~ TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY sy George W. Thompson Senior Vice President On this 29th day of January, 2003 before me personally came GEORGE W. THOMPSON to me known, who, being by me duly swom, did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the corporations described in and which executed the above instrument; that he/she knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; and that he/she executed the said instrument on behalf of the corporations by authority of his/her office under the Standing Resolutions thereof. ~p.TET~ ~ PI/SUO * ~~.4+ C My commission expires June 30, 2006 Notary Public Marie C. Tetreault CERTIFICATE I, the undersigned, Vice President, Bond of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, stock corporations of the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of Directors, as set forth in the Certificate of Authority, are now in force. IN WITNESS WHEREOF, I have hereunto I. my hand and affixed the seals of said Companies this 2nd day of December 20 03 y~~~rrYr gJY~YY •Hp •L dGL6Q~~~ B q 0 T • t` J ~IFnRTFO i = N '1n5 Cpy1. f P, W CONK p^ 1'+IryE[.•~4- D y~ { r Christopher H. Noble Vice President, Bor 1of Travelers IMPORTANT DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE On November 26, 2002, President Bush signed into law the Terrorism Risk Insurance Act of 2002 (the "Act"). The Act establishes a short-term program under which the Federal Government will share in the payment of covered losses caused by certain acts of international terrorism. We are providing you with this notice to inform you of the key features of the Act, and to let you know what effect, if any, the Act will have on your premium. Under the Act, insurers are required to provide coverage for certain losses caused by international acts of terrorism as defined in the Act. The Act further provides that the Federal Government will pay a share of such losses. Specifically, the Federal Government will pay 90% of the amount of covered losses caused by certain acts of terrorism which is in excess of Travelers' statutorily established deductible for that year. The Act also caps the amount of terrorism-related losses for which the Federal Government or an insurer can be responsible at $100,000,000,000.00, provided that the insurer has met its deductible. Please note that passage of the Act does not result in any change in coverage under the attached policy or bond (or the policy or bond being quoted). Please also note that no separate additional premium charge has been made for the terrorism coverage required by the Act. The premium charge that is allocable to such coverage is inseparable from and imbedded in your overall premium, and is no more than one percent of your premium. Travelers'"' IMPORTANT NOTICE TO OBTAIN INFORMATION OR MAKE A COMPLAINT: You may contact Travelers Casualty & Surety Company of America, Travelers Casualty & Surety Company, Travelers Indemnity Company, Standard Fire Insurance Company and/or Farmington Casualty Company for information or to make a complaint at: Travelers Bond Attn: Claims 1500 Market Street West Tower, Suite 2900 Philadelphia, PA 19102 (267) 675-3130 (267) 675-3102 Fax You may contact the Texas Department of Insurance to obtain the information on companies, coverages, rights or complaints at: Texas Department of Insurance P.O. Box 149104 Austin, TX 78714-9104 (800) 252-3439 ATTACH THIS NOTICE TO YOUR BOND. This notice is for information only and does not become a part or a condition of the attached document and is given to comply with Section 2253-021, Government Code, and Section 53.202, Property Code, effective September 1, 2001. CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Bidder's attention is directed to the insurance requirements below. It is highly recommended that bidders confer with their respective insurance carriers or brokers to determine in advance of Bid submission the availability of insurance certificates and endorsements as prescribed and provided herein. If an apparent low bidder fails to comply strictly with the insurance requirements, that bidder may be disqualified from award of the contract. Upon bid award, all insurance requirements shall become contractual obligations which the successful bidder shall have a duty to maintain throughout the course of this contract. STANDARD PROVISIONS: Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted work has been completed and accepted by the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter. As soon as practicable after notification of bid award, Contractor shall file with the Purchasing Department satisfactory certificates of insurance, containing the bid number and title of the project. Contractor may, upon written request to the Purchasing Department, ask for clarification of any insurance requirements at any time; however, Contractors are strongly advised to make such requests prior to bid opening, since the insurance requirements may not be modified or waived after bid opening unless a written exception has been submitted with the bid. Contractor shall not commence any work or deliver any material until he or she receives notification that the contract has been accepted, approved, and signed by the City of Denton. All insurance policies proposed or obtained in satisfaction of these requirements shall comply with the following general specifications, and shall be maintained in compliance with these general specifications throughout the duration of the Contract, or longer, if so noted: Each policy shall be issued by a company authorized to do business in the State of Texas with an A.M. Best Company rating of at least -A-. Any deductibles or self-insured retentions shall be declared in the bid proposal. If requested by the City, the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, its officials, agents, employees and volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. • Liability policies shall be endorsed to provide the following: Name as additional insured the City of Denton, its Officials, Agents, Employees and volunteers. That such insurance is primary to any other insurance available to the additional insured with respect to claims covered under the policy and that this insurance applies separately to each insured against whom claim is made or suit is brought. The inclusion of more than one insured shall not operate to increase the insurer's limit of liability. • All policies shall be endorsed to read: • "SAID POLICY SHALL NOT BE CANCELLED, NONRENEWED OR MATERIALLY CHANGE WITHOUT 30 DAYS ADVANCED WRITTEN NOTICE BEING GIVEN TO THE OWNER (CITY) EXCEPT WHEN THE POLICY IS BEING CANCELLED FOR NONPAYMENT OF PREMIUM IN WHICH CASE 10 DAYS ADVANCE WRITTEN NOTICE IS REQUIRED". • Should any of the required insurance be provided under a 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: [x1 A. General Liability Insurance: General Liability insurance with combined single limits of not less than $1 OT_0 00-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 (XCiI) exposures. • Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability. 1XI Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than $500 000 either in a single policy or in a combination of basic and umbrella or excess policies. The policy will include bodily injury and property damage liability arising out of the operation, maintenance and use of all automobiles and mobile equipment used in conjunction with this contract. Satisfaction of the above requirement shall be in the form of a policy endorsement for: • any auto, or • all owned, hired and non-owned autos. [x] Workers Compensation Insurance Contractor shall purchase and maintain Worker's Compensation insurance which, in addition to meeting the minimum statutory requirements for issuance of such insurance, has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 policy limit for occupational disease. The City need not be named as an "Additional Insured" but the insurer shall agree to waive all rights of subrogation against the City, its officials, agents, employees and volunteers for any work performed for the City by the Named Insured. For building or construction projects, the Contractor shall comply with the provisions of Attachment 1 in accordance with §406.096 of the Texas Labor Code and rule 28TAC 110.110 of the Texas Worker's Compensation Commission (TWCC). [ ] Owner's and Contractor's Protective Liability Insurance The Contractor shall obtain, pay for and maintain at all times during the prosecution of the work under this contract, an Owner's and Contractor's Protective Liability insurance policy naming the City as insured for property damage and bodily injury which may arise in the prosecution of the work or Contractor's operations under this contract. Coverage shall be on an "occurrence" basis, and the policy shall be issued by the same insurance company that carries the Contractor's liability insurance. Policy limits will be at least combined bodily injury and property damage per occurrence with a aggregate. [ ] Fire Damage Legal Liability Insurance Coverage is required if Broad form General Liability is not provided or is unavailable to the contractor or if a contractor leases or rents a portion of a City building. Limits of not less than each occurrence are required. Professional Liability Insurance Professional liability insurance with limits not less than per claim with respect to negligent acts, errors or omissions in connection with professional services is required under this Agreement. [ ] Builders' Risk Insurance Builders' Risk Insurance, on an All-Risk form for 100% of the completed value shall be provided. Such policy shall include as "Named Insured" the City of Denton and all subcontractors as their interests may appear. [ ] Additional Insurance Other insurance may be required on an individual basis for extra hazardous contracts and specific service agreements. If such additional insurance is required for a specific contract, that requirement will be described in the "Specific Conditions" of the contract specifications. ATTACHMENT 1 [x] Worker's Compensation Coverage for Building or Construction Projects for Governmental Entities A. Definitions: Certificate of coverage ("certificate ")-A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in §406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any overage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the Contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain from each other person with whom it contracts, and provide to the contractor: (a) a certificate of coverage, prior to the other person beginning work on the project; and (b) 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. Bid 3048 - Construction of Carroll Boulevard Urban Street Program Miscellaneous Street Repair Garroll blvd. Urban Street Program Improvements Northbound`Traffic Lanes CSJ 918-46-105 BID TABULATION SHEET Calendar Days 45 Bid No. P.O. No. Item Description Quantity Unit Unit Price Total 361 a Repair Exist Concrete Pavement-8" 2874 M2 $ 'X M2 $ L~2 R'2 Unit Price In Words i /~jeSL` ~f✓~b e. /ft Mobilization 1 LS $ O ~Z7L~ / LS $ A 001"> y~ Unit Price In Words A45' .0 /dp~Ad s Ae-1 /4 P Barricades, Signs, and Traffic Handling 2.25 MO $ X / MO Is rp Igo Unit Price In Words t 9 4u/40 A& A. `4,11:t Concrete Medians 8 M2 $ /0 '*t / M2 $ Unit Price In Words &i&0-44 44wla9 A4 416, Reflectorized Pavement Markings-0.6M wide Stopbars 65 M a~ $ M $ Unit Price In Words 70/V%0~'/ a4frx AV* /-4 !:ej f Raised Pavement Markers 1132 Ea. / Ea. $ $ ~Iro Unit Price In Words % W.4,4 A4, AA 677 Eliminating Existing Pavement Markings and Marker 567 M T $ / M I S .c S Unit Price In Words AV- / d o';k-5 '4v'o NO ea./o 678 Pavement Surface Preparation for Markings 5(7 M I s / / M I gl®~ s Unit Price In Words elme, wA- "we /VXq A&I s I TOTALCOST=$ 077,7797 TOTAL Price in Words o w'F / -5;fwrfs.0+✓9✓.!^✓ /p~vw9=•u -'g'w ,f'-Aq~p- n&4" SILVER CREEK CONSTRUCTION, INC. P.O. BOX 250 PONDER, TEXAS 76259 6/19/2003 P3 1,291V0 orvu. moan oueei r-rogram improvements Southbound Traffic Lanes CSJ 918-46-081 BID TABULATION SHEET L;alenaar uays 40 Bid No. 56¢6 P.O. No. Item Description Quantity Unit Unit Price Total 361 Repair Exist Concrete Pavement-8" 1228 M2 $ ~ / M2 $ ~Qt Unit Price In Words wa*-5 4F„/,f I Mobilization 1 LS $ aV / LS $ O Unit Price In Words fS lf&✓'7 No GF.✓'S Barricades, Signs, and Traffic Handling 2 MO $ D~ / MO $ Unit Price In Words J~;eo e a ~cJh /A eA1t 7 S Reflectorized Pavement Markings-0.6M wide topbars 65 M T $ / M $ Unit Price In Words *ArAo- n(`it,+s '4, /f/~i !/F+✓ f Raised Pavement Markers 1166 Ea. ~ $ / Ea. 1 a ~ s 15 Unit Price In Words *OA WO-3 A N~ Eliminating Existing Pavement Markings and Marker 344 M ps $ /M i o.. s~ Unit Price In Words AVV A4 «l 678 Pavement Surface Preparation for Markings 344 M $ /M i s Unit Price In Words OA(P- ~Z AJV b s I TOTAL COST = $ ~Z TOTAL Price in Words 0A4;- Q✓X 4%fP . r✓ 6/17/2003 SILVER CREEK CONSTRUCTION, INC. P.O. BOX 250 P 4 PONDER, TEXAS 76259 19 Urban Street Program - Carroll Boulevard Bid # 3048 MY OF DENTON CSJ0918-46-081 NAMEOF BIDDER: SrLy,6,<;? C~~E/S ~~~4/SfiQ(/GTD~✓ ~NG MS. DENISE HARPOOL PURCHASING ,ITY OF DENTON '901-B TEXAS STREET D(ENTON, TX 76209 Dear Ms. Harpool: The undersigned, in compliance with your advertisement for Bids for Urban Street Program - Carroll Boulevard CSJ0918-46-081, having examined the Drawings and Specifications, together with the related documents and all conditions surrounding the work, and having visited the sites of the proposed work, hereby, proposes to furnish all work in every detail in accordance with the Contract Documents within the time set forth herein and at the prices stated below. These prices shall cover all expenses incurred in performing the work under the Contract Documents, of which the Proposal is apart. Attached herewith, please find (Cashier's Check) (Certified Check)( id Bon in the amount of $ '5;16.4 A . five percent (5%) of the bid. I (or we) acknowledge receipt of the following addenda: d1h At/ ADDENDA #1: (Initial) ADDENDA #2: (Initial) ADDENDA #3: (Initial) SILVER CREEK CONSTRUCTION, INC. P.O. BOX 250 PONDER, TEXAS 76259 Urban Street Program - Carroll Boulevard Bid # 3048 CITY OF DENTON CSJ0918-46-081 , CONTRACT DOCUMENTS: Having examined the Proposal, General Instructions, Materials, Execution, Drawings, and Contract for (Bid #3048) and for Urban Street Program - Carroll Boulevard CSJ0918-46-081 work, and having examined the premises and circumstances affecting the work, the undersigned offer: OFFER: 1. To furnish all labor, material, tools, equipment, transportation, bonds, all applicable taxes, incidentals, and other facilities, and to perform all work for the said Urban Street Program - Carroll Boulevard CSJ091846-081 for the following area: BASE BID - Urban Street Program - Carroll Boulevard CSJ091846-081 In words Y6VC A*A" / 9VW4W-* .4K4 /4W JO ~X $ < i -06" SEE ATTACHED BID TABULATION SHEET SILVER CREEK CONSTRUCTION, INC. P.O: BOX 250 PONDER, TEXAS 76259. Urban Street Program - Carroll Boulevard Bid # 3048 CITY OF DENTON .'CSJ0918-46-081 Project Total Cost = $ MATERIALS an LABOR $ TOTAL $ 1 :AMINATION OF SITE: By signing the Proposal Form, contractor acknowledges he is an horized representative and has examined the site and is aware of all field conditions, which may ,a the work. CES: Tax shall not be included in your bid. ne undersigned agrees to complete all work shown on the drawings and in the specifications within the time limits set forth below subject to additional days that may be added due to inclement weather and/or other justified and reasonable extensions or time as may be approved by the Owner. Contractors that are awarded contracts shall be prepared to immediately sit down with the City of Denton Representatives and present a plan that will illustrate how progression of work is to take place to insure completion of all work within specified time limits. The time limits are as follows: All work is to be started and completed within 85 (eighty five) calendar days. Calendar days are defined in the Supplementary Conditions. If a contractor is awarded the project, the project must be completed within the dates shown above or the contractor will be subject to liquidated damages as set forth below. A working day is defined as a calendar day, in which weather or other conditions not under the control of the company will permit the performance of the principal units of work underway for a continuous period of not less tha n seven (7) hours between 7:00 A.M. and 6:00 P.M. The undersigned agrees that the Owner may retain the sum per the General Provisions, paragraph 1.36 from the amount to be paid to the undersigned for each calendar day that the work contemplated remains incomplete beyond the time set forth, Sundays and holidays INCLUDED. This amount is agreed upon as the proper measure of liquidated damages which the Owner will sustain per day by failure of the undersigned to complete the work at the stipulated time, and is not to be construed in any sense as a penalty. The Schedule of Liquidated Damages is set forth in the Special Provisions 000- 1599. SILVER CREEK CONSTRUCTION; INC. P.O. BOX 250 PONDER, TEXAS 76259 Urban Street Program - Carroll Boulevard Bid # 3048 CITY OF D$NrON CSJ0918-46-081 Payment will be made to the contractor within thirty (30) days after receipt of proper invoice and written acceptance of project from the Owner's representative, all required material invoices, documentation, etc and all written warranties from both contractor and manufacturer. I (or we) agree to promptly furnish a correct and current financial statement of condition with a list of owned equipment and an experience record of completed projects for examination by Owner and architect, if same is required. SEAL (If by Corporation) RESP iFULLY ~IJB TED BY (Name) ~s?~41dE/VT (Title) P6? Bae 250 (Address) ~&ZIA.R / -11,Z5-1- SILVER CREEK CONSTRUCTION, INC. P.O. BOX 250 PONDER, TEXAS 76259 Urban Street Program - Carroll Boulevard. Bid # 3048 CITY OF DENTON -CSJ0918-46-081 SALES TAX Materials that are incorporated into or become part of the project are exempt from sales tax. A separated contract" will be issued by the City of Denton, which separates charges for material from harges for labor. The contractor is expected to execute a resale certificate instead of paying the sales ix at the time of purchase. The City of Denton will issue an exemption certificate for the materials as mg as they are a part of the finished project. a contractor does not issue a resale certificate, then the amount of sales tax must be included in the 'ces quoted. No additional compensation, beyond the prices quoted, is due the contractor for sales Total Labor $ l/i'lrr(, 10-5- SILVER Total Materials $L;t CREEK CONSTRUCTION, INC. P.O. BOX 250 PONDER, TEXAS 76259 Urban Sheet Program - Carroll Boulevard Bid # 3048 CITY OF DBNTON CSJ0918-46-081 Certification Affidavit 1. Name of Firm 2. Mailing Address Street Address 74; 3. PhoneC9400479 Contact 71-?A ds Tax ID Number ~S S-Zc✓ER C~ o Ae)z 25o~ !t1 Fif Z441 297a Fax( V Go~,dv~J Title ZN9 3 320 j 7605g %yoeg T 7&Z54 goo) 479- Z971 Rs ^17- 4. Indicate whether firm is sole proprietorship, partnership, joint venture, corporation or oth business entity (please specify) 5. Major Products/Services Offered (Provide a full description) Description R#9Y'EMfNT R95r0RWr10W .07 1 9►~iNG 6. How many years has the firm been in business f/ lIPS Date business established under current ownership D 9 AS Am Indicate if. ( ) Partnership Corporation ( ) Sole Owner If a partnership, list names and addresses of partners: If corporation, indicate state in which corporation was organized and is existing: I EXf►5 SILVER CREEK CONSTRUCTION, INC. P.Q. B.OX 250 PONDER, TEXAS 76259 Urban Street Program - Carroll Boulevard Bid # 3048 CITY OF DENTON CSJ091846-081 Principal Stockholders: (Name and Address) 794 b/ CANw►od t He&: 11 CMdorl /607 ew& I mme , C'ogzw he'Yqs 74FZ05 FAa/AQO E .05r7F 'z 5 . f?a 130A d 3 .70;4,6S13o21e0 .93 7G 9s3 Company, Client References (Company Name, Contact, Person, Street, Address, City; State, Zip, Telephone) IN 4-6 9. 10. Does your firm share any resource (office facilities, storage space, equipment,.personnel with other firms or individuals)? Name of Bonding Company, If any: T3wwy c/,/Ai✓ Ho~liv.✓~t,. Bonding Limit Sources of Letters of Credit, if any Are you authorized to do business in the State as well as locally, including all business licenses? Yes No - SILVER CREEK CONSTRUCTION, INC. P.O. BOX 250 PONDER, TEXAS 76259 Urban Street Program - Carroll Boulevard Bid # 3048 CITY OF DENTON CSJ0918-46-081 AFFIDAVIT "The undersigned swears that the foregoing statements are true and correct and include all material information necessary to identify and explain the operations of 5T-L:/F-k CrzETK CCWdST_ #4c., (name of firm) as well as the ownership thereof. t Name: lK Av-ZS N. CANfIoN II Signa e: Title: •AESrncw- Date: Q8~20~03 Corporate Seal (where appropriate) Date: 081201,03 State of: /EYHS County of. ,UENTb~I On this Zord day ofT 20 D3 , before me appeared (Name) 7RAy2-S N ilmo. a y lr to me personally know, who being duly sworn, did execute the forging affidavit, and did state that he or she was properly authorized by (Name of Firm) SrLvErZ CaIEE.k c OwST Z,~ c to execute the affidavit and did so as his or her free act deed. (Seal) Notary Public 6tlic~e!/~ ' [s4rin Commission expires bLGe/'?9t,e I Zeaos SILVER CREEK CONSTRUCTION, INC. PA: BOX 250 PONDER, TEXAS 76259 W N yy MICHAELVAN BIGGEM { p= MY COMMISSION EXPIRES December 1, ZOOS Urban Sheet Program - Carroll Boulevard Bid # 3048 CITY OF DENTON . CSJ0918-46-081 Principal Stockholders: (Name and Address) e 1607 OR& MT,049 (!1ezaMrf,; E As 7&205 FQti/A,PD E 57'EEL S . 4~3 ~c~.s/~o22a fA-r~5 719533 Company, Client References (Company Name, Contact, Person, Street, Address, City; State, Zip, Telephone) Does your firm share any resource (office facilities, storage space, equipment, personnel with other firms or individuals)? 9. Name of Bonding Company, If any: ~iPI➢py, Cf/A~Ji4Ai✓ ~«w,otAs~s~. Bonding Limit to /7r/,pw Sources of Letters of Credit, if any 10. Are you authorized to do business in the State as well as locally, including all business licenses? Yes No SILVER CREEK CONSTRUCTION, INC. P.O. BOX 250 PONDER, TEXAS 76259 Urban Street Program - Carroll Boulevard Bid # 3048 CITY OF IaENTON CSJ0918-46-081 AFFIDAVIT "The undersigned swears that the foregoing statements are true and correct and include all material information necessary to identify and explain the operations of 5'LL\/6Q C2reic 6w4s-r_ mac. (name of firm) as well as the ownership thereof. Name: RAVZS i~. CANIIJON /I Signa re: Title: ESrpENT Date: 08--I ~ Corporate Seal (where appropriate) Date: OSIZOA93 State of -c_yns County of. Z)rwz d On this Zord day of ,ITr -20o-:5 , before me appeared (Name) /ki9YYS A16gAeNOr✓ Tl to me personally know, who being duly sworn, did execute the forging affidavit, and did state that he or she was properly authorized by (Name of Firm) SZLV£R_ CREEjG C,0yyST. Z..rc- to execute the affidavit and did so as his or her free act deed. (Seal) Notary Public lr~I/s Commission expires beGL'M9ee / ZaAoS SILVER CREEK CONSTRUCTION, INC. P.O. BOX 250 PONDER, TEXAS 76259 :MICHAELVANBIGGER$ MY COMMISSION EXPIRES December 1, 2005 urban•Street Program - Carroll Boulevard Bid # 3048 CITY OF DENtON CSJ0918-46-081 BID BOND The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the Contract Documents pertaining to the work covered by the above bid, and he further agrees to commence work within ten (10) days after the date of written notice to do so, and to have 00% of the work on which he has bid complete within consecutive calendar days. nclosed with this proposal is a Certified Check for five percent of the Bid or a BID Bond in the sum 'five percent of the Bid, which it is agreed shall be collected and retained by the Owner as liquidated .mages in the event this proposal is accepted by the Owner within thirty (30) days after the bids are .eived and the undersigned fails to execute the contract and the required bond for the Owner within (I0).days after the date said proposal is accepted, otherwise, said check or bond shall be returned to undersigned upon request. actor irmNameC ?residen ice-President) 77 Address /DO. /jOY Z50,r 1_:0;>NOFg ~EjAS 76Z5~1 Phone(9,00) 479-ZI70 Fax j ~ l 479-Z91/ Email dhd:n/ a datlds. Piet SILVER CREEK CONSTRUCTION, INC. P.O. BOX 250 PONDER, TEXAS 76259 OM CERTIFICATE OF LIABILITY INSURANCE AC 0' ' 2 Y - / 1 / 3 I 2 0 12/31/2003 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Bowen, Miclette & Britt, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 1111 North Loop West HALTER OLDE CERTIFICATE DOES NT OR T H Y M I E - HE COVERAGE AFFORDED B T E POLL CI S BELLOW. Suite 400 - Houston TX 77008 ' INSURERS AFFORDING COVERAGE NAICN INSURED - 1NSIIRERA: Gemini Insurance Company 10833 Silver Creek Construction, Inc - INSURERS: Clarendon America Ins Co 43095 P. 0. Box 250 INSURERC: RSUI Indemnity 22314 - 'INSURER D: Texas Mutual Ins. Co. 22945 Ponder TX 76259 - - IU411GFG F• ITHE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN I Wn1 TTNRTAVMYW] A" U7M"TUVW.N . T£9M no rnNMTTTnN 'RED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. no OTNFR nnlrM MT WTTR 9FN9FPT Tn WNTON TNTN CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE' ,A FFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES:OAG GREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR SR POLICY NUMBER ~ YEPPEOTIVE -DATE UUMYY PCLK:YEXPIRA-RON DATE MIDDIYY LIMITS A CENERALLUIBILITY 125819 ~~1%1%2004 1/1/2005 EACHOCCURRENCE 91,000,000 X OOMMERCIALGENERALUAINUTY PREMISES Eaaawr.. 50, 000 $ CLAIMS MADE OCCUR MEDEXP(Anyon.p..m) S PERSONAL& ADVINIURY $ 1,000,000 GENERALAGGREGATE E 2,000,000 GEN'LAGGREGATEUMITAPPUESPER: - PRODUCTS -ooMWOP AGG S 1,000,000 PRO- POLICY lDC - 'B AUT OLIDBa.E UABILDY DCT000001991 - `1/1/2004 1/1/2005 COMBINED SINGLE UMIr i 1,000,025 ANYAUTO (Ea=cIdeMl ALLOYCNEDAUIOS BODILYINJURY X SCHEDULEDAUTOS (Perpnaen) 9 X HIREDAUTOS - BODILYINJURY X NONOWNEDAUTOS (PwacddeM) 9 PROPERTY DAMAGE P itl M er eac ( e ) GA RAGEUABNITY AUTOONLY-EA ACCIDENT 9 ANYAUTO OTHERTHAN EA ACC 9 AUTOONLY: pGG 9 ESSIUMBRELLAUABILrrY NHN024033 1/1/2004 1/l/2005 EAGHOCCURRENCE S 2, 000, 000 OCCUR 0 CLAIMS MADE _ AGGREGATE S 2,000,000 r S DEDUCTIBLE 9 RETENTION 9 S D WOIIKERSCOMPENSATMmD TSP00011023242 1/1/2004 1/1/2005 X we STATU- OTH- EMPLOYEAS'LIABRITY ANYPROPRRTOR/PARTNERIEXECUTIVE ELFAOHACCIDENT i OFRC6 MSNRSREXCLUDGD7 EL DISEASE-EA EMPLOYEE 9 Ifwy deaadb..nder SPE~iIALPROVMIONSb lew EL DISEASE-POLICY LIMIT S OTHER KFnPlaawe ILWwNVNa rYrn14'lLe/G U"U x`o1 UoT muuH. ",11 aPELIILL. rmO mIwNs City of Denton, its Officials, agents, emPloyees, and vOlunteers•are named as additional insureds on General,Auto liability policies and provided a Waiver of Subrogation on General, Auto liability and Workers Compensation as required per written contract. CERTIFICATE HOLDER "CANCELLATION City of Denton _ "539UW ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED 901E Texas St. BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILT, J289*•M'TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO Denton TX 76201 SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON ITS; INSURER, ITS AGENTS OR REPRESENTATIVES. 26 (2001/08) AN-30-2004 _ 2:06PM B. M. &B. 7138026067 ADDITIONAL NO. 4140 P. 4 (Continued from Page 2) 30 day notice of cancellation, nonrengwal or material change endorsement favor of City of Denton except for-'non.n payment which case is to days rron Prescott ount Manager AM&IM13 (0W") 3 oe #47232 IMePQPTANT ] 4'; .ems 4.: 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 thiscertificate does not confer rights to the certificate holder in lieu of such endorsement(s). The Certificate of Insurance on the reverse~side-, 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 Idoverage afforded by the policies listed thereon. '4J t (CORD 26(2001/06) - JAN.30'2004 11:34 940 349 7302 CITY OF DENTON PURCHASING #3306 P. 03/005 JAN. 39. 2904 10:31AM B. M. &B. 7138026067 NO, 9129 K 3 q L'! r r N M t+ M r m iP ~.r N b Cf l7i A W N f-+ . , s i $ H H H H y ~3 H H .p Ry N W O O r 0 O O F+ O . n W N rP t 07 b pp1~ .i '1Jr ro!-'roY W rbl-' W'C7 W'dr ~r'drbF'ro r'°r~ N F+ 0 ,A ~ b0 ap b71o~ ~~b~ e~ a~ wy ~c~ w7 b~ ion ~o~~o ~o~ gy ~7r r+ m, ; . a M.4k,tyK,MKp4.44 oilxK~y~H~k„IKAK~K~h{~ • 0,,4 MD G..'3ny4iHp.'~~ Hm HP.O.Ry O pa) 0 y yh3 y5 MR MR ~ x iC DC.S~xI,Y x: xx km~ax gm b' M S° 2. C j -3 v -J V -4 Q Q%'m M V4 14 13 IV .4 13 3 'f Q K py O O W ~ NONO r N o ~ b . 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