2001-424STREET, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND
PROVIDING AN EFFECTIVE DATE (BID 2722 - BERNARD/JAMES 20 INCH WATER! JINE
AWARDED TO PATE AND PATE, LLC IN THE AMOUNT OF $1,130,294 80)
WHEREAS, the Caty has sohcated, receaved and tabulated competatave bids for the
constructaon of publac works or improvements an accordance with the procedures of STATE law and
Caty orchnances, and
WHEREAS, the C~ty Manager or a desagnated employee has receaved and recommended that
the herean described b~ds are the lowest responsable bads for the constructaon of the publac works or
improvements described m the bad ~nvltataon, b~d proposals and plans and specifications therean,
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the following compet~tave bads for the constructaon of publac works or
improvements, as described an the "B~d Invatataons", "Bad Proposals" or plans and specaficataons on
file an the Offace of the City's Purchasing Agent filed according to the bad number assigned hereto,
are hereby accepted and approved as being the lowest responsable bads
BID
NUMBER CONTRACTOR AMOUNT
2722 PATE AND PATE, LLC $1,130,294 80
SECTION II That the acceptance and approval of the above competatave bads shall not
constatute a contract between the City and the person submattlng the bad for constructaon of such
pubhc works or amprovements herein accepted and approved, untal such person shall comply wath all
requarements specafaed ~n the Notice to Badders ancludang the timely executaon of a written contract
and furnashang of performance and payment bonds, and ansurance certaficate after not~facataon of the
award of the bad
SECTION 11I That the Caty Manager as hereby authorized to execute all necessary written
contracts for the performance of the constmeUon of the publac works or amprovements in accordance
wath the bids accepted and approved berean, prowded that such contracts are made an accordance
wath the Notace to Badders and Bad Proposals, and documents relating thereto specafy~ng the terms,
conchtaons, plans and specaficataons, standards, quantataes and specified sums contmned therean
SECTION IV That upon acceptance and approval of the above competltave bads and the
SECTION IV That upon acceptance and approval of the above competitive bids and the
execution of contracts for the public works and improvements as authorized heroin, the City Council
hereby authorizes the expenditure of funds in the manner and in the amount as specified in such
approved bids and authorized contracts executed pursuant thereto
SECTION V That th~s ordinance shall become effective ~mmedmtely upon ~ts passage and
approval
PASSED AND APPROVED this the b ~ day of ~O'/~mt~ ,2001
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L P U~y,~ITY ATTORNEY
2
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Bernard/James 20-Inch Water Line B~d # 2722 CITY OF DENTON
CONTRACT AGREEMENT
STATE OF TEXAS §
COUNTY O~ DENTON §
THIS AGREEMENT, made and entered into this 6th day of November
A D, 2001, by and between City of Denton of the County of Denton
and State of ~rexas, acting through Michael A Conduff thereunto duly authorized so to do,
hereinafter termed "OWNER," and
Pate & Pate, LLC
780 W Mansfield Highway
Kennedale, TX 76060
of the City of Kennedale, County of Tarrant 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 w~th OWNER to commence and complete
performance of the work specified below
Bid #2722 Bernard/James 20-Inch Water Line
in the amount of $1,130,294 80 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
furmsh all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and
other accessories and services necessary to complete the work specified above, in accordance vath the
conditions and prices stated m the Proposal and the Performance and Payment Bonds, attached hereto,
and in accordance vath 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 oj~fiee 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
Klmley~Horn and Associates, Ine, and City of Denton Staff
alt of wtueh are referenced herein and made a part hereof and collectively evidence and constatate the
entire contract
CA-1
Bernard/James 20.Inch Water Line Bid # 2722 CITY OF DENTON
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 compensatmn, or any other City employee benefit City shall not have supervision
and control of Contractor or any employee of Contractor, and ~t 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 h~s designee under this agreement
Indemnffication
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, mvltees, and other persons for whom it is legally liable, with regard to the performance of
this Agreemertt, and Contractor will, at its cost and expense, defend and protect the City of Denton
against any and all such clarms and demands
Choice of Law and Venue
Tlus 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 t~me
stated in the Proposal, subject to such extensions of t~me as are provided by the General and Special
CondlO. ons
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
Bernard/James 20-Inch Water Line Btd# 2722 CITY OF DENTON
1N WITNESS WHEREOF, the parties of these presents have executed thru agreement ~n the
year and day first above written
ATTEST
(SEAL)
ATTEST
Assistant Secretary
D sballe ~ Vzce-Preszdent
780 W. Mansfzeld Hzghway
Kennedaler Texas 76060
MAILING ADDRESS
~17-483-0999
PHONE NUMBER
817-483-0899 __
FAX NUMBER
BY Vzce-Presldent ~TLE
Douglas Bzsballe
APPROVED AS TO FORM PR/NTED NAME
CITY ATTOR2qEY
CA - 3
Bernard/James 20-Inch Water Line B~d # 2722 CITY OF DENTON
July 31, 2001
NAME OF BE)DER Pate & Pate, LLC
DATE Sgptember 4, 2001
MS CHRISTY SKIRCHAK
PURCHASING
CITY OF DENTON
901-B TEXAS STREET
DENTON, TX 76209
Dear Ms Sl~rohak
The undersigned, In comphance with your advemsement for Bids for Bemard/James 20-Inch Water
Line, having examined the Drawings and Specifications, together with the related documents and all
condltlons surrounding the work, and hamg wslted the sites of the proposed work, hereby, proposes
to furmsh all work m every detail ~n accordance with the Contract Documents wlttun the time set forth
hereto and at the pnces stated below These pnces shall cover all expenses incurred in performing the
work under the Contract Documents, of winch the Proposal is a part
Attached herewith, please find (Castner's Check) (Certified Check) (B~d Bond) m the mount of
$ , five percent (5%) of the bid
I (or we) acknowledge, receipt of the following addenda
ADDENDA #1 /~., (ImUal)
ADDENDA #3 (ImUal)
Bemard~$ames 20-h~eh Water Line B~d # 2722 CITY OF DENTON
July 31, 2001
CONTRACT DOCUMBNTS Hawng examined the Proposal, General Instructions, Materials,
Execution, DraWings, and Contract for (Bxd # 2722) and Bernard/flames 20-Inch Water Line and
hamng e×ammed the prermses and ¢~rcumstanees affecting the work, the undersigned offer
OFFER 1 To furmsh all labor, matenal, tools, eqmpment, transportation, bonds, all applicable taxes,
ln¢~dentals, and other fae~lmes, and to perform all work for the smd Bernard/James 20-Inch Water Line
for the followm, g area
BASE BII) - Bemarfl/3~ames 20-Inch Water Line
O~e m~llxon one hundred thirty thousand two
Iuwords hundred ninety four dollars and ezghty cents $1,130,294.80
WORKDAYS 120
BID NO 2722
PO NO
BID TABULATION SHEET
Base
SP-3 ? Water Line 685 LF $ 38 dO 0 $ 26,030 0 (2
UnltPHcemWords Thirty eight dollars and no cents
SP-3 8"WaterLine 1.589 LF $ 40./00 $ 63,560 0C
SP-3 Umt Pnce reWords Forty dollars and no cents
20"WaterLine 9,426 LF $ 63 ~5 ~596,194 50
UmtPrlcemWords Sixty three, dollars and twenty f~_ve cents
661 LF $ 264./00 [$174,504 0(
Section 02310
Casing
UmtPmeemWords Two hundred s~xty four dollars and no cents
Standard Water Service I 18 EA $ 350./00 $ 6,300.0(
SP-3
UmtPmcemWords Three hundred fzfty dollars and no cents
SP-3 LC~nennect to Exmtmg 20" Water 1 [EA $ 4,200 ./00 $ 4,200.0 (
UmtPncemWords Forty two hundred dollars and no cents
'20"x6" Connectt;n 3 EA [ $ 1,950./00 I $ 5,850.00
Umt~ ~cemWords Nzneteen hundred f~fty dollars and no cents
I 1 EA I$ 2,200./00 $ 2,200 00
20'x8" Connection
Umt P: 'me m Words Twenty two hundred dollars and no cents
SP-3 8"x6' Tapping Sleeveand 1 EA $1,600 /00 $ 1,600.0(2
Valve
UmtP{~eemWords Szxteen hundred dollars and no cents
SP-3 18"xS'TappmgSleeveand 1 EA $ 1,850./00 $ 1,850.0(
I ValYe
UmtPncemWords E~ghteen hundred f~fty dollars and no cents
SP-3 16"x 16" Tapping Sleeve and 1 EA $ 9,530 ./00 $ 9,530.0 (
, Valve
Unlt~memWords N~nety five hundred thirty dollars and ne.cents
WORKDAYS 120
BID NO 2722
PO NO
BID TABULATION SHEET
~ase Bid Cent
!6" Gate Valve ' 3 EA $ 500. ~ 0 $ 1,500.00
SP-3
UnltP~lcemW0rdsFzve hundred dollars and no cents
SP-3 Gate V~dve 4 [ EA $ 640.00 $ 2,560 00
UmtPncemWords Two hundred fzfty dollars and no cents
SP-3 20" Gate Valve and Vault [ 6 EA ~5,300 60 $91,800.00
UmtPncemWords Fxfteen thousand three hundred dollars and no cents
SP-3 . F~re Hydrant Assembly 6 EA $ 2,250 00 $13,500.00
UmtPncemW0rds Twenty two hundred fxfty dollars and no cents
673(1)(3) 12" A~r Release Valve Assembly 3 EA [$4,300.00 [512,900.00
UmtPncemWords Forty three hudnred dollars and no cents
673(1)(3) 2"CombmattonAtrRelease 1 EA $4,550 00 $ 4,550.00
Valve Assembly
UmtPncemWords Fototy fzve hudnred fxfty dollars and no cents
SC40 Saw Cut 16,656 LF $ .80 $13,324 80.
UmtPrlcemWords No dollars and ezghty cents
Item3 ' Remove Concre~ Pavement I 83 SY I$ 3.~0 $ 273.90
UmtPn~mW0rds Three dollars and thxrty cents
Item58 Concrete Pavement 83 SY $ 51.00 $ 4,233 00
UmtPncemWords Fxfty one dollars and no cents
SP-3 Grass Seeding w/Eromon 898 [ LF $ 6. ? 0 $ 6,016 60
Control Blanket
UmtPncemWords Szx dollars and seventy cents
SC-37 Excava~onPro~¢~on 8.765 LF $ 3./20 $ 28,048 00
UmtPrlcemWords Three dollars and twenty cents
WORKDAYS 120
BID NO 2722
PO NO
BID TABULATION SHEET
Base Bid Cont
SC-39 ProjeetSlgns 2 $ 935 DO $ 1,870 00
UmtPrmemWords Nine hundred thirty f~ve dollars and no cents
item 8 1 Barricades, Warning Signs, and 1 LS $ 7,700 ~] 0 $ 7,700 00
Demurs
UmtPrlcemWords Seventy seven hundred dollars and no cents
3 1 Preparation of Rtght-of-Way 1 I LS ~ 1,70 b. ~ (J $ 21,700.00
Item
UmtPncemWords Twenty one thousand seven hudnred dollars and no cent~
Item 1 21 ] C°ntract°r's Warranttes antiIUnderstandmg 1] LS $ 500'60 I$ 50000
UmtPr,cemWords FJ. ve hundred dollars and no cents
' [
Sectton02010 LPSTSlteWork 1 LS [57,500./00 $27,500.00
UmtPncemWords Twenty seven thousand f~ve hundred dollars and no cen' s
Entry Agreement Fee
UmtPr~cemWor~ F~ve hundred dollars and no cents
Bernard/James 2(14rich Water Line B~cl ii 2722 CITY OF DENTON
luly 3 I, 2001
Bernard/lames 20-Inch Water Line
MATERIALS $ 737,666,01
LABOR $ 411,480.79
TOTAL $ 1,130,294.80
EXAMINATION OF SITE By slgmng the Proposal Form, contractor acknowledges he is an
authorized representative and has examined the site and ~s aware of all field conditions, wtuch may
affect the work
TAXES Tax shall not be included m your bid
Upon receipt of notice of acceptance of this bid, w~tinn thirty (30) days of the date of flus proposal, I
(or we) agree to execute the formal contract w~thm ten (10) days thereafter, and to dehver an Insurance
Certtficate, a SURETY BOND in the mount of ONE HUNDRED and TEN PERCENT (110%) of the
contract price, for the faithful performance of the contract, and a ONE HUNDRED PERCENT (100%)
STATUTORY PAYMENT BOND
The undersltpaed agrees to complete all work shown on the drawings and m the specifications w~thm
the time hnuts set forth below subject to adchtaonal days that may be added due to inclement weather
and/or other justafied and reasonable extensions or time as may be approved by the Owner
Contractors that are awarded contracts shall be prepared to lmmedxately s~t down w~th 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 w~ttun specified time hm~ts The time lmalts are as follows
All work ~s to be started and completed w~thln 40 (forty) work days Work days are defined m the
Supplementary Conchtlons
If a contractor is awarded the project, the project must be completed wlttun the dates shown above or
the contractor w~ll be subject to hqmdated damages as set forth below
11
Bernard/James 20-Inch Water Line B~d # 2722 CITY OF DENTON
July 31, 2001
A working day ~s defined as a calendar day, m wtuch weather or other condmons not under the control
of the company will permit the performance of the pnnc~pal units of work underway for a continuous
period of not less than seven (7) hours between 7 00 A M and 6 00 P M
The undersigned agrees that the Owner may retam the sum, as prescribed m the North Texas Council
of Governments General Prowslons, from the mount to be pard to the undersigned for each calendar
day that the work contemplated remtuns ~ncomplete beyond the t~me set forth, Sundays and hohdays
INCLUDED Tbas amount ~s agreed upon as the proper measure of hqmdated damages which the
Owner w~ll sust~n per day by failure of the understgned to complete the work at the stipulated t~me,
and ~s not to be construed ~n any sense as a penalty
Payment w~ll be made to the contractor w~ttun tturty (30) days after receipt of proper mvmce and
written acceptance of proj eot from the Owner's representative, all reqmred material lnvomes,
documentatmn, etc and all written warrant~es from both contractor and manufacturer
I (or we) agree to promptly furmsh a correct and current fmanmal statement of condmon with a hst of
owned eqmpment and an experience record of completed projects for exarmnataon by Owner and
architect, ~f same ~s reqmred
SEAL (If by Corporatton) RESPECTFULLY SUBMITTED BY
(Name)
Vice-President
(T~tle)
780 W. Mansfield Highway
(Address)
Kennedale, Texas 76060
Bernard/James 204rich Water Line B~d # 2722 CITY OF DENTON
Bond ~SF0932
PERFORMANCE BOND
STATE OF TEXAS §
COUNTY OF IDENTON §
KNOW ALL MEN BY THESE PRESENTS That Pate & Pate, LLC whose address is
780 Wi Mansfield Highway, Kennedale, TX 76060 hereinafter called Principal, and
Fidelity and Guaranty Insurance Underwriters~ Inc. , a corporation organized and
existing under the laws of the State of Wisconsin , and fully authorized to transact
business in the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a
municipal corporation organized and existing under the laws of the State of Texas, hereinafter called
Owner, in the penal sum of One Million, One Hundred & Thirty Thousand, Two Hundred and
Ninety Four DOLLARS and Eighty Cents ($1,130,294 80 ) plus ten percent of the stated penal sum as
an additional Sum of money representing ad&t~onal 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 wluch sum well and truly to be made,
we hereby bind ourselves, our heirs, executors, adrmmstrators, 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 certmn Contract, identified by Ordinance Number 2001- 424, with the City of Denton,
the Owner, dated the 6th day of November A D 2001 , a copy of which is hereto attached and
made a part hereof, for Bid # 2722 Bernard/James 20~Inch Water Line
NOWi THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill all of
the undertakings, covenants, terms, conditions and agreements of stud Contract m accordance with the
Plans, Specifications and Contract Documents during the original term thereof and any extension
thereof whlchlmay 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 smd Contract that may hereafter be made, notice of wluch modifications to the Surety
being hereby ~vatved, and, if the Principal shall repair and/or replace all defects due to faulty materials
and workmanslup that appear w~thm a period of one (1) year from the date of final completion and
final acceptance of the Work by the Owner, and, if the Pnnclpal shall fully mdemmfy and save
harmless the 9wner from all costs and damages wlueh Owner may suffer by reason of ftulure 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, ~t
shall remain in full force and effect
PB - 1
Bernard/James 204nch Water Lme Bid # 2722 CITY OF DENTON
PROVIDED FURTHER, that if any legal action be filed upon this Bond, exclusive venue shall
he in Denton County, State of Texas
AND PROVIDED FURTHER, that the smd Surety, for value received, hereby stipulates and
agrees that no change, extension of t~me, alteration or ad&t~on to the terms of the Contract, or to the
Work to be performed thereunder, or to the Plans, Specfficatmns, Drawings, etc, accompanying the
same, shall ~n anywise affect its obhgat~on on th~s Bond, and ~t does hereby waive not~ce of any such
change, extenmon of t~me, alteration or add,hen to the terms of the Contract, or to the Work to be
performed thereunder, or to the Plans, Specfficatmns, Drawings, etc
Th~s Bond is given pursuant to the provlmons of Chapter 2253 of the Texas Government Code,
as amended, and any other applicable statutes of the State of Texas
The undersigned and demgnated agent is hereby demgnated by the Surety herein as the Remdent
Agent m Denton County to whom any reqmmte not,ecs may be dehvered and on whom service of
process may be had in matters arising out of such suretyship, as provided by Article 7 19-1 of the
Insurance Code, Vemon's Annotated Civil Statutes of the State of Texas
IN WITNESS WHEREOF, thts instrument ~s executed in 4 cop~es, each one of whmh
shall be deemed an original, this the 6th day of November _, 2001
ATTEST PRINCIPAL
BY~ Diana R Caldwell BY
Assistant Secretary s Bisballe
Vice-President
~ WITNESS' SURETY
Fidelity and Guaranty
~ ' Insurance Underwriters, lnc.
BY
'ET~ine Lewis, W~ne~ BY
~ITTORNEY-IN-FACT Roy E. Simmons
The Remdent Agent of the Surety ~n Denton County, Texas for dehvery of not,ce and servme of the
process is
Joe Hale of St. Paul Surety
NAME
8144 Walnut Hzll Lane--Suite 1199. Dallas-- Texas 75231
STREET ADDRESS
(NOTE Date of Performance Bond must be date of Contract If Remdent Agent ~s not a corporation,
g~ve a person's name )
PB - 2
Bernard/James 20.Inch Water Line Bid # 2722 CITY OF DENTON
Bond ~'8F0932
PAYMENT BOND
STATE OF TEXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS That Pate & Pate, LLC, whose address ~s
780 W. Mansfield Haghway, Kennedale, TX 76060 hereinafter called Pnnc~pal, and
Fidelity and Guaranty Insurance Underwriters, Inc, a corporaUon organized and ex~stang under
the laws of the State of Wisconsin , and fully authorized to transact business ~n the State of
Texas, as Surety, are held and firmly bound unto the Caty of Denton, a mummpal corporatmn
orgamzed and emstmg under the laws of the State of Texas, heremafter called Owner, and unto all
persons, firms, and corporataons who may furmsh materials for, or perform labor upon, the bmldmg or
amprovementsI hereinafter referred to, m the penal sm of One Mflhon, One Hundred & Thirty
Thousand, TWo Hundred & Ninety Four DOLLARS and Eaghty Cents ($1,130,294 80) m lawful
money of the Umted States, to be prod an Denton, County, Texas, for the payment of whach sum well
and truly to be made, we hereby band ourselves, our hears, executors, admamstrators, successors, and
assagns, jointly and severally, firmly by these presents Thas Bond shall automatacally be ancreased by
the amount of any Change Order or Supplemental Agreement which ancreases the Contract price, but
an no event shall a Change Order or Supplemental Agreement whmh reduces the Contract price
decrease the penal sum of this Bond
THE OBLIGATION TO PAY SAME as con&tinned as follows Whereas, the Pr~nmpal
entered anto a certmn Contract, adentffied by Or&nance Number 2001-424, wath the Caty of Denton,
the Owner, dated the 6th day of November A D 2001 , a copy of whmh ~s hereto attached and
made a part hereof, for Bad # 2722 Bernard/James 20-Inch Water Lane
NOW, THEREFORE, af the Prmcapal shall well, truly and fmthfully perform its dutaes and
make prompt payment to all persons, firms, subcontractors, corporatmns and clmmants supplymg labor
and/or materml an the prosecutaon of the Work provuled for an smd Contract and any and all duly
authorized m6dfficataons of smd Contract that may hereafter be made, notace of whtch modfficatmns to
the Surety being hereby expressly wmved, then this obhgatmn shall be vmd, otherwase at shall remain
an full force and effect
PROVIDED FURTHER, that afany legal actaon be filed on thas Bond, exclusave venue shall he
m Denton County, Texas
AND 'PROVIDED FURTHER, that the smd Surety, for value receaved, hereby stapulates and
agrees that n6 change, extensmn of tame, alterataon or ad&taon to the terms of the Contract, or to the
Work to be performed thereunder, or to the Plans, Specaficataons, Dravangs, etc, accompanying the
same, shall m anywase affect ets obhgataon on tlus Bond, and it does hereby wmve notate of any such
change, extensaon of tame, alteratmn or addrtmn to the terms of the Contract, or to the Work to be
performed thereunder, or to the Plans, Specaficataons, Drawangs, etc
PB - 3
Bernard/James 20-Inch Water Line Bid # 2722 CITY OF DENTON
This Bond is g~ven pursuant to the provlmons of Chapter 2253 of the Texas Government Code,
as amended, and any other apphcable statutes of the State of Texas
The un~lermgned and demgnated agent ~s hereby demgnated by the Surety herein as the Resident
Agent ~n Denton County to whom any reqmmte notices may be delivered and on whom service of
process may be had ~n matters anmng out of such surety, as provided by Amcle 7 19-1 of the Insurance
Code, Vemon's Annotated C~vfl Statutes of the State of Texas
IN WITNESS WHEREOF, this instrument m executed m 4 copies, each one of whtch shall
be deemed an ongmal, flus the 6th day of November _, 2001
ATTEST PRINCIPAL
l~ Diann R Caldwell
Assistant Secretary ~ Douglas R. Bisballe
Vice-President
~T~ WITNESS SURETY
~_~ ~~ Fidelity and Guaranty
o ~ Insurance Underwriters, Inc.
BY /¢x~ '
'~gI~ineWL~wis, ~ss~- BY A~T~
ORNEY-IN-FACTRoy E. Simmons
The Resident ,Agent of the Surety in Denton County, Texas for delivery of not, ce and service of the
process 1S ~2
Joe Hale of St. Paul Surety x
NAME ~Si~Xi~B~XSX~X~XS~X~XX~X~~XX~X~X~X X~
8144 Walnut Hmll Lane, Suzte 1199, Dallas, Texas 75231
STREET ADDRESS ~ml~~xli~xl~Xll~8~xllakka[~ui~a~x~l
(NOTE Data of Payment Bond must be date of Contract If Restdent Agent ~s not a corporation, gtve
a person's name)
PB-4
Seaboard Surety Company United States Fldebty and Guaranty Company
St Paul Fi~ and Marine Insurance Company F~delity and Guaranty Insurance Company
St Paul Guardian Insurance Company F~debty and Guaranty Insurance Underwriters, thc
St Paul Mercury Insurance Company
Power of Attorney No 20~]6 Certificate No 945016
KNOW ALL MEN BY THESE PRESENTS That Seaboard Surety Company ~s a corporation duly orgamzed under the laws of the State of New York and that
St Paul Fmc and Marine Insurance Company St Paul Guardmn Insurance Company and St Paul Mercury Insurance Company are corporanon~ duly orgamzed under
the laws of the State of Mamesota and that Umted States FMehty and Guaranty Company m a corporation duly orgamzed under the laws of the State of Maryland and
that Fldehty and Guaranty Insurance Company ts a corporation duly orgamzed under the laws of the State of Iowa and that Ftdehty and Guaranty Insurance
Underwraer~ Inc ts a corporation duly orgamzed under the laws of the State of Wisconsin (herein collectt*ely called the Compantes) and that the Compames do
hereby make constitute and appoint
Scott D Chapman, Roy E Smamons and Elame Levns
I The Woodlands Texas
of the C~ty of State thmr tlue ami lawlu[ Attomcy(~) nl P tc~
each In tht. lr separate capacity il more than one is named above to sign its name as surety to and to execute seal and acknowledge any and all bonds undertakings
contracts lnd other wntte~l instruments tn the nature thereof on behalf of the Compames in their business of guaranteeing the fidelity of persons guaranteeing thc
pertormance of contracls and executing or guaranteeing bonds and undertakmgyequ~'ed or pemutted m any acnons or proceedings allowed by law
~ December 1999
IN WITNL~S WHEREOF the Companies have caused this instrument to~e s~gtn~.l ah~ sea[ed th~s _ 1st clay el
Seaboard Surety Company Umted States Iqdehty and Guaranty ( ompany
St Paul F~re and Marine Insurapge Company l~dehty and Guaranty Insurance Cumpany
St Paul Guardian Insuranc~ ~o~y }~dehty and Guaranty Insurance Underwriters, lnc
St Paul Mercury Insurance Co~a~y ~ ~
State el Maryland
On th~s 1st day of December 1999 before me thc undersigned ofhcer personally appeared John F Phmncy uld
In Witness Whereof, I hereunto set my hand and off,cml ,cai ~ ~~ r~
86203 Rev 7 2000 Pnnted ;n U S A
Th~s Power ot Attomt. y ~s granted under and by the attthonty ot thc lollowmg resolutions adopted by the Boards of D~rectors of Seaboard Surety Company St Paul
Flr~. ~,lld Marine Insurance Company St Paul Guarthan Insurance Company St Paul Mercury Insurance Company Umted States F~dehty and Guaranty Company
Ftdehty and Guaranty Insur rue{, Comp'my and Ptdebty and Guaranty Insurance Underwriters Inc on September 2 [998 which resolutions are now ~n full force and
effect reading as follows
RESOLVFD, that tn connection Wldl the hdtdlty and surety nl'~ur tnce business ol the Company all bonds undertakings contracts and other instrume~lts relating
to said business may be signed executed uld acknowledged by persons or entitles appomted as Attorney(s) in Fact pursuant to a Power of Attollley issued in
accordance with these rcsolullon~ qa~d Power(s) of Altorney lor and on beh df of the Company may and shall be executed in the name and on behalf of the
Company eaher by the Ch urman or the President or any Vice President or an Assistant Vice President jomdy with the Secretary or an Assist mt Secretary
unde~ thmr re~pecnve des~gnalmns q he signature of such officers m ~y be engraved pnntad or bthographed The signature of each of the furegomg officers and
the seal of the Company may be ffhxcd by t tcs~mde to any Power of Attorney or to any certificate relating thereto appointing Attorney(s) tn Fast for purposes
only o! executing and ttlest~ng bonds and tmderlakmgq and other writings obligatory in the nature thereot and subject to any bmltattons set forth therein any
such Power ot Attorney m certificate hearing such facsimile signature oi facstmde ~eal shall be valid and binding upon the Company and any such power so exe
cured and certdled by ~uch facsimde signature and tacstmde seal ~hall be vabd and binding upon the Company with respect to any bond or undertakmg to which
it is vabdly attached ind
RESOLVFD I~URTHER, that Attorney(s) m Fact sh dl have thc power and authority and m any case subject to the terms and hmttatmns ot the Power ol
Attorney ~ssued tbem to execute and dehve~ on bch Ill ol the Company md to attach the ~eal ot the Company lo any and all bonds and undertakings and other
writings obbgalory m tile n tttuc Ihetcof Ind my such mstrunlcnt executed by such Attorney(s) m Pact shall be aa binding upon the Company ~s d signed by an
Fxecutlvc Oltlcer and sc thud md Ittcqcd to by the qccrel Iry t)l the Company
IN FP~TIMONY WItlERFOF, I hereunto ~ct tn> h ind this 6th _ day of l~ovember 2001
Tov~rtfytheauthenttcttyofthtsPowero[ ttto~n~y calll 80042t 388~and~kforlhePowe~ofAttorneyclerk Plea~erefertothePowerofAttorneynumber,
8tFbul Surety
IMPORTANT NOTICE:
To obtain informat~on or make a complaint
You may contact the Texas Department of Insurance to obtain information on compames,
coverages, 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# 1-512-475-1771
Your not,ce of claim against the attached bond may be g~ven to the surety company that issued
the bond by scnthng it to the following address
Madmg Address St Paul Surety Claim
P O Box 4689
Federal Way, WA 98063-4689
Physical Address St Paul Surety Claim
31919 F~rst Avenue South
Suite 100
Federal Way, WA 98003
You may also contact thc St Paul Surety Clmm office by telephone at
Telephone Number 1-253 -945- 1545
PREMIUM OR CLAIM DISPUTES
If you have a dispute concerning a premtum, you should contact the agent first Ifyou have a
d~spute concerning a claim, you should contact the company first If the &spute ~s not resolved,
you may contact thc Texas Department of Insurance
ATTACH THIS NOTICE TO YOUR BOND
This notmc ~s for mformat~on only and docs not become a part or condition of the attached
document
Bernard/James 20.Inch Water Line B~d # 2722 CITY OF DENTON
CITY OF DENTON
INSURANCE REQUIREMENTS FOR CONTRACTORS
Bidder's attention ~s &rected to the msurance reqmrements below It ~s lughly recommended that
b~dders conferlw~th their respective tnsurance careers or brokers to determme ~n advance of B~d
submission the avmlabfl~ty of insurance certfficates and endorsements as prescribed and prowded
hereto If an apparent low b~dder fmls to comply strictly w~th the ansurance reqmrements, that b~dder
may be d~squalffied from award of the contract Upon bad award, all insurance requirements shall
become contractual obhgatmns, which the successful b~dder shall have a duty to malntmn throughout
the course ofth~s contract
STANDARD PROVISIONS.
W~thout hml~mg any of the other obligations or liabflataes of the Contractor, the Contractor shall
provade and maintain until the contracted work has been completed and accepted by the Caty of
Denton, Owner, the mimmum 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
prolect. Contractor may, upon written request to the Purchasang Department, ask for
clarfficatmn ~f any insurance reqmrements at any t~me; however, Contractors are strongly
advased to m~ke such requests prior to bid opening, sauce the ansurance reqmrements may not be
modffied or Waived after bid opening unless a written exception has been submitted wath the bad
Contractor shall not commence any work or dehver any material until he or she receaves notfficatton
that the contract has been accepted, approved, and s~gned by the C~ty of Denton
All insurance poheles proposed or obtained in sat~sfaetaon of these reqmrements shall comply
wath the follo~vang general speeffieations, and shall be maintained m eomphanee with these
general specifications throughout the durataon of the Contract, or longer, if so noted
· Each pohcy shall be assued by a company authorized to do busaness an the State of Texas
with an A M Best Company rating of at least A
· Any deductibles or self-tnsured retentmns shall be declared m the btd proposal If
r~quested by the C~ty, the ~nsurer shall reduce or ehmmate such deductibles or self-insured
retentions w~th respect to the C~ty, ItS officmls, agents, employees and volunteers, or, the
contractor shall procure a bond guaranteeing payment of losses and related mvest~gatmns,
c~mm admtmstrat~on and defense expenses
Llabthty pohc~es shall be endorsed to prowde the following
· . Name as additional insured the C~ty of Denton, tts Officials, Agents, Employees and
volunteers
· . That such insurance ~s primary to any other insurance avmlable to the addmonal
insured vnth respect to clmms covered under the pohcy and that ttus ~nsurance
Bernard/James 20-Inch Water Line Bid # 2722 CITY OF DENTON
apphes separately to each insured against whom claim 1S made or suit is brought
The ~ncluslon of more than one msured shall not operate to increase the insurer's
limit of hablhty
· 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 I$ REQUIRED"
· Should any of the required ~nsurance be provided under a claims-made form, Contractor
shall mmntam 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 wtuch give nsc to clmms made after
expiration of the contract shall be covered
· Should any of the required tnsurance be provided under a form of coverage that includes a
general annual aggregate hmlt providing for claims investigation or legal defense costs to
be included in the general annual aggregate limit, the Contractor shall either double the
occurrence hmlts or obtmn 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 remstated coverage as required by this contract, effective as of the lapse date
If insurance is not reinstated, City may, at 1ts sole option, terminate this agreement
effective on the date of the lapse
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS
All insurance poheies proposed or obtained m satisfaction of this Contract shall additionally
comply with the following marked specifications, and shall be maintained m compliance with
these additional specifications throughout the duration of the Contract, or longer, if so noted
General Llablhty Insurance.
General Liability insurance w~th combined single limits of not less than $1,000,000 shall
be provided and maintained by the Contractor The pohcy shall be wrltren on an
occurrence basis either in a single policy or an a combination of underlying and umbrella or
excess policies
If the Commercial General Llablhty form (ISO Form CG 0001 current edition) as used
· Coverage A shall include premises, operations, products, and completed
operations, independent contractors, contractual hablhty covering this contract
and broad form property damage coverage
Bernard/James 20qnch Water Line Bid # 2722 CITY OF DENTON
· Coverage B shall ~nclude personal injury
· Coverage C, medacal payments, is not required
If the Comprehensive General Laabflaty form (ISO Form GL 0002 Current Edation and ISO
Form GL 0404) as used, at shall include at least
· Bodily injury and Property Damage Llabflaty for premises, operatmns, products
and completed operattons, independent contractors and property damage resulting
from explosion, collapse or underground (XCU) exposures
· Broad form contractual habfllty (preferably by endorsement) covering this
contract, personal injury habdlty and broad form property damage habdlty
IX] Automobile Lmbdtty Insurance:
Contractor shall provide Commermal Automobile Lmbfl~ty insurance with Combined Sangle
Llmits,(CSL) of not less than $500~000 either m a single policy or m a combination of basra
and umbrella or excess pohcaes The pohcy wall include bodily injury and property damage
habfltty arising out of the operation, mamtenance and use of all automobiles and mobile
eqmpment used m conjunction with th~s contract
Satlsfactaon of the above requirement shall be m the form of a policy endorsement for
· any auto, or
· all owned, hared and non-owned autos
[X] Workers Compensataon Insurance
ContrActor shall purchase and m0antam Worker's Compensation tnsurance whach, In addition to
meetlr[g the mlmmum statutory reqmrements for issuance of such insurance, has Employer's
Lmbflity hm~ts of at least $100,000 for each accident, $100,000 per each employee, and a
$500,000 policy hmlt for occupational disease The Caty need not be named as an "Addmonal
Insured" but the insurer shall agree to wmve all rights of subrogation agmnst the City, 1ts
officaals, 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 provtslons
of Attachment 1 in accordance vath §406 096 of the Texas Labor Code and role 28TAC
110 110 of the Texas Worker's Compensation Commlssmn (TWCC)
[ ] Owner's and Contractor's Proteetave Lmbfilty Insurance
The Contractor shall obtain, pay for and maintain at all tames during the prosecution of the
work under thas contract, an Owner's and Contractor's Protective Llablhty insurance policy
naming the City as insured for property damage and bodily injury which may arise m the
Bernard/James 20.Inch Water Line Bid # 2722 CITY OF DENTON
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 ~nsurance company that carries
the Coatractor's liability ~nsuranee Policy limits will be at least combined bodily
injury ~md property damage per occurrence with a aggregate
[ ] Fire Damage Legal Lmbdity 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 bmldmg Limits of not less than
each ogcurrence are reqmred
[ ] Professional Liability Insurance
Professional liability insurance with hm~ts not less than per claim with respect to
neghgent acts, errors or omissions in connection with professional services is reqmred under
this Agreement
[ ] Budders' Risk Insurance
Builders' Risk Insurance, on an All-Risk form for 100% of the completed value shall be
provided Such pohey shall include as "Named Insured" the City of Demon and all
subcontractors as their interests may appear
[ ] Add~tional Insurance
Other imsurance 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
reqmrcment will be described in the "Specific Conchtlons" of the contract specifications
Bernard/James 20-Inch Water Line Bid # 2722 CITY OF DENTON
ATTACHMENT 1
IX] Worker's Compensation Coverage for Building or Construction Projects for
Governmental Entities
A Defimtlons
Certificate of coverage ("certlficate")-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 entlty's employees providing services on a project, for the
duration of the project
Dm'atlon 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 entitles 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
hiTlltatlon, independent contractors, subcontractors, leasing compames, motor carriers,
owner-operators, employees of any such entity, or employees of any entity, wluch
furmshes persons to provide services on the project "Services" include, without
limitation, providing, hauling, or dehvenng equipment or materials, or providing labor,
transportation, or other service related to a project "Services" does not include activities
u~related to the project, such as food/beverage vendors, office supply deliveries, and
d6hvery 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, whach 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 prowde 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 w~th the governmental entity showing that coverage has been
extended
E T~e contractor shall obtaan from each person providing services on a project, and provide
to the governmental entity
Bernard/James 20-Inch Water Lare Btd# 2722 CITY OF DENTON
(1) a certfficate of coverage, prior to that person beg~nmng work on the project, so the
governmental entity w~ll have on file certfficates of coverage show~ng coverage for
all persons promdang serwces on the project, and
(2) no later than seven days after receipt by the contractor, a new certfficate of coverage
show~ng extension of coverage, ff the coverage period shown on the current
certfficate of coverage ends during the duration of the project
The contractor shall retmn all reqmred certificates of coverage for the duratmn of the
project and for one year thereafter
The contractor shall not~fy the governmental entity in writing by certified marl or personal
dehvery, w~thm 10 days after the contractor knew or should have known, of any change
that materially affects the provas~on of coverage of any person prowd~ng serwces on the
project
The contractor shall post on each project s~te a notme, an the text, form and manner
prescribed by the Texas Workers' Compensatmn Corntmsslon, ~nformmg all persons
prowdmg services on the project that they are required to be covered, and stating how a
person may verify coverage and report lack of coverage
The contractor shall contractually require each person with whom ~t contracts to provide
servaces on a project, to
(1) prowde coverage, based on proper reporting of classfficataon codes and payroll
mounts and fihng of any coverage agreements, which meets the statutory
reqmrements of Texas Labor Code, Section 401 011(44) for all of 1ts employees
promdang servmes on the project, for the duration of the project,
(2) prowde to the contractor, prior to that person beglmung work on the project, a
eemficate of coverage showang that coverage ~s being prowded for all employees of
the person prowd~ng serwces on the project, for the duratmn of the project,
(3) provide the contractor, prior to the end of the coverage period, a new certtficate of
coverage show~ng extension of coverage, ff the coverage period shown on the current
certificate of coverage ends dunng the duratxon of the project,
(4) obtmn from each other person w~th whom at contracts, and provide to the contractor
(a) a certffieate of coverage, prior to the other person beginning work on the
project, and
(b) a new cemficate of coverage show~ng extensaon of coverage, prior to the end
of the coverage period, ~f the coverage period shown on the current certificate
of coverage ends during the duration of the project,
(5) retatn all requzred certfficates of coverage on file for the duratmn of the project and
Bernard/James 20~Inch Water Line Bid # 2722 CITY OF DENTON
(6) notify the govermnental entity m wntang by certified mm1 or personal dehvery,
within 10 days a~er the person knew or should have known, of any change that
materially affects the prowsmn of coverage of any person providing serwces on the
project, and
(7) contractually reqmre each person with whom ~t contracts, to perform as required by
paragraphs (1) - (7), with the eertfficates of coverage to be provided to the person for
whom they are prowdmg services
J By sxgmng th~s contract or provldmg or causing to be provided a certificate of coverage,
the contractor is representmg 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 wfl! be based on
pr6per reportmg of classification codes and payroll amounts, and that all coverage
a~eements will be flied w~th the appropriate msurance carnet or, in the case of a self-
m~ured, wth the commission's Dxwslon of Self-Insurance Regulation Promdmg false or
m~sleadmg information may subject the contractor to adm~mstrat~ve penalties, criminal
penalties, civil penalties, or other mvfl aeUons
K T~ae contractor's fmlure to comply with any of these provisions is a breach of contract by
~e contractor which entitles the governmental entity to declare the contract vmd ff the
contractor does not remedy the breach within ten days after receipt of notice of breach
from the governmental entay
B~d #2722 - Bernard/James 20-Inch Water Line
ACORD. CERTIFICATE OF LIABILITY INSURANCE t oF a la.OV2OO1
FRODUCER 86463 'rl~li~ CERTIFICATE IS ISSUED AS A MA'II'ER OF INFORMATION
Wdhs of Texas Inc ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
One Riverway HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
Sure 900 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW
Houston TX 77086 COMPANIES AFFORDING COVERAGE
(713) 961 3800 193724)Ol (HOUSI
COMPANY Northern Insurance Company of New York
Karen Wdhams A
INSURED 19364001 HOUS)
COMPANY Natlona Standard nsurance Company
B
266114)01 (HOUS
PATE BROTHERS CONSTRUCTION, INC COMRANYVa rant nsurance Company
780 WEST MANSFIELD HW C
KENNEDALE TX 76060 COMPANY
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE kEEN iSSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH TH~S
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
CO POLICY EFFECTIVE POLICY EXPIRATION
'rYPE OF INSURANCE POLICY NUMBER LIMITS
LTR DATE (M M/DD/YY) DATE (MM/DD~Y)
A GENERAL LIABILITY CON69551951 01-JAN2001 01-JAN2002 G~ENERALAGGREGATE S
X RA~.L PROOUOTS~OMP/OP AGG $ 2,{}00,000
COMMERCIAL GENERA UASILITY
I CLAIMS MADE OCCUR PERSONAL & ADVINJURY $
000
000
OWNER S & CONTRACTOR S PROT EACH CCCURRENCE $ ~, 000,{}0{}
~- XCU FiREDAMAGE(Anyoneflre) $ 30{} 000
B AU~TOMOBILE LIABILITY CON69561993 01-JAN 2001 01-JAN 2002
COMBINED S(NOLE LIMIT $
X ANYAUTO
__ ALL OWNED AUTOS BODILY ~NJURY
SCHEDULED AUTOS (Per person) $
~ HIREO AUTOS BODILY INJURY $
X NON*OWNED AUTOS Per accident)
-- PROPERTY DAMAGE $
GARAGE LIABILITY AUTO C~NLY EA ACCID_ENT
ANY AUTO OTHER TH_AN AUTO ONLY
EACH ACCIDENT $
A EXCEESUABILITY CON68200265 01-JAN2001 01-JAN-2002 EACHOCCURRENCE $ 10,000,000
UMBRELLA FORM AGGREGATE
OTHER THAN UMBRELLiA FORM
WC STATU
C WORKERECOMPENSATIDNAND TC269551910 01~AN2001 01-,JAN2002 X ITOPYL, M,TSI IE%H
EMPLOYERS LIABILITY EL EACH ACCIOENT $ 1,000,000
PARTNERS/EXECUTIVE INCL EL DISEASE POLICY LIMIT $
OFFICERS ARE EXCL EL DISEASE EA EMPLOYEE
OTHER
DESCRIPTION OF OPERATIONS/LOCA'rlONS/VEHICL~/aFECIAL ITEMS
SEE ATTACHED
aHOULD ANY OF THE ABOVE DEECRIBED POLICIEa BE CANCELLED BEFORE THE
EXPIRATION DATE TNEREOF~ THE IEEUINO COMPANY WILL ~*~ MAIL
30 DAYa WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
'" Wdhs C' .:: I;RTIffiOATE OFtNSURANCE ........................ .^as 2' 3 '"uB' -"OV-2oo1U"E
IS RTIFC $ TTF TO Y CO FE S GS UPON TH TIFICA E
86463
INSURED PRODUCER
Wflhs of Texas Inc
One R~verway
Suite 900
PATE BROTHER6 CONSTRUCTION, INC Houston TX 77056
780 WEST MANSFIELD HW (713) 961-3800
KENNEDALE TX 76060
Karen Wdhams
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOC
INDICATED NOTWITHSTANDINQ ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS MAY HAVE BEEN REDUCED BY PAID CLAIMS
T, PE OF,SSUSARCEPOL,=Y HUMSER I I [ L,Ur
DESCRLPTI'ON 01; OPERAT/ONS/LOCAT]~ONS/VEHI'CLES/SPEC][AL [TEMS
RE. Bernard/James 20" Idater Ltne
The above referenced policies have been endorsed to name City of Oenton, its
Officials, Agents, Employees and volunteers as Additional Insured on 511
policies except t~orker's Compensation and provide I~atver of Subrogation on
511 policies if required by written contract
Liability policies ars primary to any other insurance.
Said policy shall not be canceled, nonrenewed or materially changed without
30 days advanced written notice being given to the owner (City) except when
the policy is being canceled for non-payment of premium in which case 10 days
advance written notice is required
The above referenced policies cannot be cancelled, non-renewed or materially
changed without 30 days advance written notice being given to the owner,
except 10 days for non-payment
T#PORTANT
If the certificate holder is an ADDTT]ONAL INSURED, the policy(les)
must be endorsed A statement on this certificate does not confer rights to
the certificate holder in lieu of such endorsement(s).
If SUSROGAT]ON IS tdA]VEO, sub~iect to the terms and conditions of the
po1~cy, certain pollc]es may requtre an endorsement. A statement on th~s
certificate dOeS not confer r~ghts to the certificate holder tn l tau of such
endorsement(s)
O~SCLA]MER
Th~s Certificate of Insurance does not constitute a contract between the
~nsur~ng Insurer(s), authorized representative or producer, and the
'~T~'~OLb~ '~ ............. ~ ...... bA~N ae~ ~a ~y~ ....................
SHOULD ANY OF THE ABOVE DESCRIBED PO~IE8 BE CANCELLED BEFORE THE
EXPIRA~ON DATE THEREOF, THE 18SUING COMPANY WILL ~ MAIL
30 DAYS WR~EN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LE~
CERTiFiCATE OF iNSURANCE
~' IS ER"i~b'~ ~; .....TT F Y'~ LY A D CO' ~E S '~"i~ ~S UPN THE TI CATE
86463
INSURED PRODUCER
Willis of Texas, Inc
One R~ve~ay
Suite 900
PATE BROTHERS CONSTRU~ION INC Houston TX 77056
780 WEST MANSFIELD HW (713) 961-3800
KENNEDALE TX 76060
Karen Wdhams
FHIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOE
INDICATED NO~ITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SU~ECT TO ALL THE TERMS
~CLUSIONS AND CONDITIONS OF SUCH POLICIES UMITS MAY HAVE BEEN REDUCED BY PAID C~IMS
certificate holder, nor does tt afftrBattveix or negattve;x amend, extend or
after the coverage afforded bx the pottctes ;tsted thereon.
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF~ THE ISaUIRG COMPANY WILL )~IX~'I) MAIL
30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
,~lL~l~ ~W~ ~) ,,r, ~ .... '' , ~e~X, / .... ~,,,,~ ~
STATE OF TEXAS
COUNTY OF DENTON
RELEASE, DISTRIBUTION OF FUNDS AND HOLD HARMLESS AGREEMENT
PROJECT:
City of Denton, Texas - BemardJJames 20-inch Waterline ("Project")
OWNER:
City of Denton, Texas ("City")
CONTRACTOR:
Pate & Pate, LLc. ("Contractor")
SURETY:
Fidelity and Guaranty Insurance Underwriters, Inc., a Wisconsiu Corporation
("FGIU")
PERFORMANCE BOND: Bid No. 2722 - Dated November 6, 2001 - Issued by Fidehty & Guaranty Underwriters,
a Wisconsin Corporation
PAYMENT BOND:
Bid No. 2722 - Dated November 6, 2001 -Issued by Fidelity & Guaranty Underwriters,
a Wisconsin Corporation
AMOUNT OF BOND:
$1,130,294.80
Remaining funds cuITently held by the City of Denton regarding the above Contract:
$205,304.22
Less amounts billed by City of Denton incident to completion of the Contract:
Raising valve boxes to grade (August 20, 2002 to January 2, 2003)
$7,265.94
Street repairs incUITed by the City of Denton (from September 20,2002 to
November 15, 2002) $13 995.99
$21,261.93
Net remaining available balance on Contract to be paid to FGIU by the City,
upon the execution of this Release, Distribution of Funds and Hold Harmless Agreement:
$184042.29
COVENANTS
OF THE CITY OF DENTON AND FGJU INSURANCE
1. That City and FOIU agree that the Contractor, Pate & Pate, LLc. who11y abandoned its work on the
Project in the month of August 2002.
2. That City and FGIU agree that the Contractor, Pate & Patc, LLc. did not finish the Project. The City and
FGIU agree that FGIU came forward and pursuant to its contractual duties, as Surety, completed the Project. The
City and FGIU also agree that the City spent some $21,261.93 in order to complete the Contract after Contractor's
abandonment of the Project. FOIU is aware of the elements of that claim by the City, has received substantiation
and documentation, and hereby authorizes that the City may be paid the sum of$2],261.93 as a reasonable sum, in
reimbursement for amounts that the City spent to complete the Project, as stated above.
3. The City and FOIU agree that the City holds $205,304.22 in remaining funds owing on the Contract. The
City and FOIU agree that the funds will be distributed by the City as follows: $184,042.29 payable to FGIU in full
and ftnal satisfaction of payment of the City's obhgatiou to FGIU under the teITllS of the above stated Payment and
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PerfoITllance Bonds. The balance of $21,263.93 shall be retained by the City for completion expenses regarding the
Contract. The City shall prepare an invoice for that amount and shall pay itself once it mails the check to FOIU's
Texas attorneys, set forth below.
4. FOIU agrees to indemnify and to fully defend the city, and to hold the city, its officials, officers,
employees, and assigns harmless from any claims, losses or liabilities whatsoever regarding obligations that are
brought by anyone, including, without limitation, the contractor or its successors or assigns; any fiduciary respecting
the contractor, his successors or assigns; any valid payment bond claims for unpaid work perfoITlled on the project;
any claims brought respecting the contract proceeds by Madisonville State Bank, its successors or assigns, or others;
and any valid payment bond claims brought by materialmen, for unpaid materials used or specially fabricated for the
project. FGIU and the city each recognize that the likelihood of any such claim(s) being brought against the city on
the contract is remote, considering the facts and the applicable Texas statutes of limitation. Provided, however, that
this indemnity and agreement to defend will in no event exceed $184,042.29.
5. Other than those obligations created herehy, the City and FOIU, intend to fully settle and compromise any
disputes or controversies that have arisen between them, by the execution of this Agreement. City shall transmit a
check for the agreed-upon amount to Texas legal counsel for FGIU once it receives an itemized bill for $184,042.29
from FOIU and once this Release, Distribution of Funds and Hold Harmless Agreement is fully executed by FGIU
and the City; City shall transmit the eheck payable to FOIU, within seven (7) days from the date of final execution
ofthis Agreement, to FGIU's Texas legal counsel..
6. FOIU and the City each agree that the fo11owing described individuals have the power and authority to
legally bind them.
EXECUTED on this the ~ day of J.uoE ,2005.
APPROVED AND AGREED:
APPROVED AND AGREED:
FIDELITY AND GUARANTY
INSURANCE UNDERWRITERS, INC.
CITY OF DENTON, TEXAS
A Texas Municipal Corporation
By their agent:
By:
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St. Paul Fire and Marine Insurance Company
By:
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APPROVED AS TO LEGAL FORM:
COATS ROSE YALE RYMAN LEE, P.C.
A Texas Professional Corporation
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, ACTING CITY ATTORNEY
By ~ft vl-i Vt f{1MtvYl
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S:IOo, Docoment<IContmt<IO5IFGlU Release and Indemnification Bem"d-James Watcc Line.doc
667147.2