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2001-439FILE REFERENCE FORM I 2001-439 I Additional File Exists Additional File Contains Records Not Public, According to the Public Records Act Other FILE(S) Date Initials Ordinance No. 2002-126 - Change Order Number 1 05/14/02 )1~ Ordinance No. 2003-172 - Change Order Number 2 06/17/03 J ~ ORDINANCE NO AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF THE PECAN CREEK WATER RECLAMATION PLANT EXPANSION, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2734 - PECAN CREEK WATER RECLAMATION PLANT EXPANSION AWARDED TO ARCHER WESTERN CONTRACTORS, LTD, 1N THE AMOUNT OF $16,930,000) WHEREAS, the City has solicited, received and tabulated competmve bids for the construction of pubhc works or improvements in accordance with the procedures of STATE law and City or&nantes, 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 I That the following competitive bids for the construction ofpubhc works or improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on file in the Office of the City's Purohasmg Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids BID NUMBER CONTRACTOR AMOUNT 2734 Archer Western Contractors, Ltd $16,930,000 St~CTION II That the acceptance and approval of the above competitive bids shall not constltuto 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 mclu&ng the timely execution ora written contract and furmshmg of performance and payment bonds, and insurance certificate after notfficatlon of the award of the bid SECTION III That the City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the pubhc 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 contmned therein SECTION IV That upon acceptance and approval of the above competltave bads and the execution of contracts for the public works and improvements as authorized herean, the City Council hereby aulhonzes the expendature of funds an the manner and an the amount as specified in such approved bads and authorized contracts executed pursuant thereto SECTION V That thas ordinance shall become effective immediately upon ats passage and approval PASSED AND APPROVED this the ~,~ 7~ day of ~~/~.~ ,2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BID 2734 - CONTRACTUAL ORDINANCE 2 Attachment 1 CONTRACT AGREEMENT STATE OF TEXAS § COUNTY, OF DENTON § THIS AGREEMENT, made and entered into this 27 day of November A D, 2001, by and between City of Denton of the County of Denton and State of Texas, acting through Mmhael A. Conduff thereunto duly authorized so to do, hereinafter termed "OWNER," and Archer Wgstern Contraetor~q: I.TD. 2121 Avenue J Suite 103 Arlington! TX 76006 of the City of p, rl,ngtan , County of___Iarrant__ and State of Texas , hereinafter termed "CONTRACTOR" WlTNESSETH That for and m conslderataon of the payments and agreements heremafte~ mentioned, to be made and performed by OWNER, and under the condatlons expressed, m the bonds attached hereto, CONTRACTOR hereby agrees wath OWNER to commence and complete performance of the work specified below B~d 2734. Pecan Creek Water Re¢lamatmn Plant Expan~qmn m the amount of $16:930:000 and all extra work m counecnon therewith, under the terms as stated m the General Cond~taons of the agreement, and at h~s (or their) own proper cost and expense to furmsh all materials, supphes, machinery, eqmpment, tools, supermteadence, labor, insurance, and other accessories and servaces necessary to complete the work specafled above, m accordance w~th the condatlons and prices stated m the Proposal and the Performance and Payment Bonds, attached hereto, and m accordance wath all the General Cond~taous of the Agreement, the Spemal CondltaOnS, the Notace to Badders (Advertasement for Bds), arid Instructions to Bidders, as referenced hereto and on file m the office of the Purchas~rlg Agent, and m accordance with the plans, whmh includes all maps, plats, blueprints, and other, drawings and printed or written explanatory matter thereof, CA- 1 S \prch\Conlracts Documents~B~d 2734 Pecan Cre~k doc 12/5/01 and the Specifications therefore, as prepared by C,~ nfDentnn ~tnFf' ~nmp. F)re~er. nncl/~l'nKee. ]'nc , 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 Oty 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 raceme tax, vnthholdmg, socml security taxes, vacatmn or sick leave benefits, worker's compensauon, or any other City employee benefit City shall not have suporwsmn and control of Contractor or any employee of Contractor, and it is expressly understood that Contractor shall perform the servzces hereunder accordang to the attached spec~cataons at the general du~ctmn of the City Manager of the City of Denton, Texas, or his designee under this agreement Indemnification Contractor shall and does hereby agree to lndenmify and hold harmless the City of Denton from any and all damOgeS, IOSS, Or hahihty 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 ~t is legally liable, w~th regard to the performance of tins Agreement, and Contractor veil, at its cost and expense, defend and protect the City of Denton against any and all such clatms 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 lle 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 Wlthln the tune stated m the Proposal, subject to such extensions of time as are provided by the G~neral and Special Condmons The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown m the Proposal, which forms a part of this contract, such payments to be subject to the General and Special Conchtions of the Contract CA - 2 C ~,/y Do~uw, e~sRvIS Offwo\Wmwold~B~d 2734- l%con Creok,do~ 12/4/01 IN WITNESS WHEREOF, the parties of these presents have executed ttus agreemem the year and day first above written, BY, , (s~) ATTE~ '~~ ,, Archer ~,/eetern Contract,o[,s, Ltd. s%re~ iI~T~ CONTRACTOR John [~[atter~ 2121 Avenue "J", Suite 103,, Arlin§ton, TX 76006 MAILING ADDRESS 817/66,0-3898 PHONE NUMBER 817/640-8734 l~al;the~ ~/al~h ~PaOVm AS TO FORM PRn~O CITY ATtORnEY CA C ~Vty Dooum~t~vl$ Ofl~co\Wmw~d 27~4- P~ C~ ~ 1 ~4~ 1 City of Denton, Texas Pecan Creek Water Reclamation Plant IZxpaamon SEC~ON 00300 BID FORM PROJECT IDENTIFICATION City of Denton Pecan Creek Water Reclamatton Plant Expanmon Project Bid No 2734 THIS B~ IS SUBN~TTED TO Purohasmg Depar~nent Cl~ of Denton 901-B Texas Street Denton, Texas 76209 T~IS B~J IS SDBN~TTED BY Archer Western Contractors, Ltd. 2121 Avenue "J", Suite 103 Arlington, TX 76006 ARTICLE 1 The undermgned Bidder proposes and agrees, if thru Bad m accepted, to enter mae an agreement wtth OWNER m the form included m the Contract Documents to perform and fumtsh all Work as specified or mdmated m the Contract Documents for the Contract Puce and w~thm the Contract Tune mdmated m the Agreement and m accordance with the other terms and condmons of the Contract Documents ARTICLE 2 Btdder accepts all of the terms and condlttons of the Advertasement or Invltatmn to Bad and Instructtons to B~ddors, mcludmg wIthout hm~tation those dealing wtth the dmpomtton of Bad security Th~s Bad will remain subject to acceptance for ninety days after the day of Bid opening Bidder will mgn and submtt the Agreement with the Bonds and other documents reqmred by the Contract Documents within fifteen days after the date of OWNER's Not,ce of Award ARTICLE 3 In submitting thru Bad, Bidder represents, as more fully set forth m the Agreement, that 3 1 B~dder has examined copies of all the Contract Documents and of the following Addenda (recmpt of ail which m hereby acknowledged) Date Number Auth,.qr~ j.~l 2S{gnature m/~o!o] 2 10/22/01. 3 1.0/22/01. 4 3 2 Btdder has vimted the mae and become famthar~zed wtth the nature and extent of the Contract Documents, Work, rote, locality, and all local condmons and Laws and Regulataons that m any manner may affect cost, progress, performance or fummhmg of the Work AddNo 3 00300 doe 00300-1 October 2001 · Cit~ of Denton, Tex~s Pecan Creek W~er Kcclamatlon ?lint Bxpansion 3 3 Bidder has obtamed and carefully studied (or assumes responslblhty for obtammg and carefully studying) all such examinations, investigations, explorations, tests and studies which pertain to the subsurface or physical conditions at the site or otherwise may affect the cost, progress, performance or furnishing of the Work as Bidder considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Tune and m accordance with the other terms and conditions of the Contract Documents, mcludmg specifically the provisions of paragraphs 4 02 and 4 03 of the General Conditions, and no additional examinations investigations, explorationl, tests, reports or Similar information or data are or will be required by Bidder for such purposes 3 4 Bidder has reviewed and checked all reformation and data shown or indicated on the Contract Documents with respect to erustmg Underground Facilities at or contiguous to the site and assumes responsibility for the accurate looatlon of said Underground Facilities No additional exammatlons, investigations, explorations, tests, reports or similar information or data in respect of smd Underground Facilities are or will be required by BIDDER in order to perform and furnish the Work at the Contract Price, within the Contract Tune and in accordance lwith the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4 04 of the General Conditmns 3 5 Bidder has correlated the results of all such observations, exammatmns, investigations, explorations, tests, reports and studies w~th the terms and condltaons of the Contract Documents 3 6 Bidder has given ENGINEER written notice of all conflicts, errors or discrepancies that it has discovered in the Cont~ant Documents and the written resolutmn thereof by ENGINEER is acceptable to Bidder 3 7 This Bid is genume and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted m conformity with any agreement or rules of any group, associatmn, organization or corporation, Bidder has not directly or indirectly reduced or solicited any other Bidder to submit a false or sham Bid, Bidder has not solicited or reduced any person, fmu or corporatmn to refrain from bidding, and Bidder has not sought by collusion to obtam for itself any advantage over any other Bidder or over OWNER ARTICLE ~ Bidder will complete the Work m accordance with the Contract Documents for the following lump sum price(s), as specified m text form, and numerically 4 1 BIDDERS BID AMOUNT A Base Bid Item,A- This lump sum item consists of furnishing all supervision, labor, materials, tools, equipment, lnClc~entals and related items reqmred for construction of the Pecan Creek Water Reclamation Plant Exp~nsion as shown m the Plans and stated in the Specifications This bid item includes all nnprovemants and any other item not specifically covered by another bid item Lump Sum Bid AddNo 3-00300 doc 00300-2 Ootober 2001 C~t~ of Donton~ Tex~ Pecan Creek Water Reolamatlon Plant Expmlslon Item B - Proprietary Equipment Purchase LumpSum Bid This lump sum item consists of furmshmg four Sludge Collection lhngs, for Secondary Clan~ers No 1, 2, 3 and 8 as stated m Specification Section 11350 and identified in the letter of guarantee appearmg m the Appendix Lump Sum Bid Thirty seven thousand and seven hundred and s~xty eight dollars ($37,768 00) Item C - Propnetery Equipment Purchase Lump Sum Bid This lump sum item consists of furmshmg two double d~sc sludge pumps as stated m Speelficatmn Sectton 11218 and identified m the letter of guarantee appearing m the Appendm Lump Sum Bid Twenty thousand and six hundred and fifty dollars and zero cents ($20,650 00) Item,D - Proprietary Equipment Purchase Lump Sum Bid This lump sum item consists of furnishing Ultraviolet (UV) D~smfection Equipment as stated m the Appendnc Lump Sum Bid Sm hundred and seventy-nme thousand and eight hundred dollars ($679,800 00) Item E - Raw Sewage Pump Station No 1 Wet Well Mo/hficatlons Unit Pnee Bid This unit price ltetn consists of fummhmg all supervision, labor, materials, tools, equipment, mcidentals and related items required to remove deteriorated concrete and repair concrete surfaces atthe interior of the mfluent wet well for Raw Sewage Pumps Stat~onNo 1 This item includes placement of repatr materials up to 2 mches thick on the walls, floors and overhead surfaces Umt' c Bld dollars per square foot ofrepa area ($ ~.~C:~ ) per square foot of repair area Estmaated Quantity 400 square feet Total Cost for Estimated Quantity (Unit price x 400 square feet) -- ($ kddNo 3 00300 doc 003 00-3 October 2001 C~ty of D~nton, Tex~ Pccan Crock Wl~tcr l~[amation P ant Bxpans on B Bid Alternatives Item F -Roadway Construction Lump Sum Bid This lump sum bid item consists of furnishing all supervision, labor, materials, tools, equipment, incidentals and related items required for modifications to Roads A, Al, A2, C and G, including paving and grading as shown m the Plans and stated in the Specifications dollars Item G- RAS/WAS Pump Station No 2 Motor Replacement to VFDs Lump Sum Bid This lump sum items consists of removing the four (4) existing motors on tho PAS and WAS pumps m pump station and all associated electrical appurtenances and fumlstung and mstallmg, complete and ready for operation two (2) variable frequency drives on the PAS pumps and two (2) variable frequency drives on the WAS pumps ~ dollars ' Item H1 - Proprietary Equipment Purchase Lump Sum Bid This lump sum item consists of furmshmg one Smglo Stage Centrifugal Air Blower as stated m Specification Section 11371 and identified in thc letter of guarantee appearing m the Appendix Lump Sum Bid Three hundred and twenty-sm thousand and s~x hundred and SlX ,ty-five dollars ($326,665 00) Item 1-12 - Installation of Proprietary Equipment Purchase Lump Sum Bid Thls lump sum ltom couslsts of fumishmg all supervision, labor, matermls, tools, equipment, incidentals and related gems required for installation of one Single Stage Centrifugal Air Blower, complete and ready for operation, as shown on the Plans and as stated m Specification Section 11371 dollars Adc~lo 3 00300 doe 00300-4 October 2001 City of Denton~ Tcxa~ Pecan Cr~k Water Redamatlon Plant Expanlion The Pecan Creek Water Reclamation Plant Expansion Project vall be awarded to the lowest bidder for the Work ~o be included The Work to be included will consist of the Total Base Bid and any Bid Alternatives that the City chooses to include based on the Project budget 4 2 MANUFACTURERS This Bid is based upon furnishing and mstalhng major items of Equipment by the following manufacturers No Item Speelficahon Section Manufacturer 1 Vertical Turbine Pumps 11215 Faxrbanks ~yiorse F~--~wserve (IDP)~) Patterson 2 Dissolved Air Flotation Umt 11239 I-la-Teeh vEn~nmental Walker Process Equipment 3 Filament Wound Fiberglass Tanks 11244 Ershmgs 4 Slmce Gates 11281 ~'~dney Hunt Co~ Waterman Industries 5 Shde Gates, We~r Gates and Stop Plates 11282 ~Ro-dney H~Co.~'D Waterman Industries Whlpps 6 Dry P~t Submerstble Pumps 11312 Flowserve (IDP) Model 12MSX21A ASS Model AFP 3002 ~ Fiygt Model CT330_6~ 7 Chopper Pumps 11314 Vaughan Company, Inc ~a~-ward Oordon~ 8 Combination Boiler/Heat Exchanger 11315 U~flter Enwr~e Walker Process Equipment 9 Submersxble Pumps 11319 ,,,~,~o~,wt, ~'~DP) ~ [~c, * 10 Bar Screens 11331 H~.~dworks U~_.~Fllter Envlre~ AddI'lo 3-00300 doo 00300-5 October 2001 Oty of D~nton~ T~x~s Pecan Creek Water R~claraation Pl~cut Expansion 11 Screening Press 11332 ~chnology He~ HeadworkS, Inc Waste-Tech, Inc ~SM 12 Chemical Metering Pumps 11345 US Filter Envirex ~llice and T~ Milton-Key Prominent Fluid Controls Pulsafeeder 13 Clarlfier Eqmpment 11350 ~)orr-OliveL~ US Filter Enwrex Enwroqmp, Inc Walker Process H~-Tech Environmental 14 Digester ML~a n g System 11370 Vau~han Company, ~md Dynamics Co~ 15 Aeration Eqmpment 11376 &11377 uo ..,,,~, ~nvtrex 16 Sh~less Screw Conveyor 14551 ~ ~Inc Waste-Tach, ~c ~otoSmve * Indicates ~ "or aqua" m~ufac~er ~s accep~ble for ~te-m 4 3 PROPOSED S~CO~CTORS ~e following relocation gives ~e n~e, business ad.ess, and po~mn of work (descnptmn ~d doil~ ~o~t of work to be done) for each subcon~actor ~at will be used m ~e work m ~e B~dder is aw~ded ~o Con~act No subcon~actor doing work m excess of 3 percent of~e tot~ ~o~t of~e B~d who ~s not hsted below sh~l be used ~out ~e ~en approv~ of~e O~R Addi~onal suppo~g ~ta may bo a~ched to ~s page Each page shall be sequenta~ly n~bered ~d hea~ed "Proposed Subcon~aetors," ~d s~il be s~ed L~st of proposed Subcon~aetors ~d supposing ~,must bo subm~ed no later ~ 2 15 p m on October 30, 2001 F~ Name Business Ad.ess Desenptmn of Work Doll~ ~ount AddNo 3-00300 doe 00300-6 O~ber 2001 City of Denton, Texas Pccan Creek W~t~r P, eclamation PI/mt Bxpan$ion 4 4 PROCESS INSTRUMENTATION & CONTROL SYSTEM SUBCONTRACTOR (PICSS) The list of approved subcontractors for the Process Instrumentation and Control System ~s included m Sect~On 13300 The Bidder shall Identify the subcontractor which Bidder expects to perform the work Only~approved subcontractors will be allowed to perform the specified work, therefore, Bidder shall not write, in or add unapproved subcontractors ARTICLE ~ Bidder agrees that tho Work will be completed within the following time(s) 5 1 Bidder agrees to be Substantially Completed with all contracted Work w~thm 730 calendar days from the date when the Notice to Proceed is issued, and completed and Ready for Final Payment with 30 calendar days after Substantial Completion In accordance with Article 14 of the General Condltmns The ?reJect shall be completed and ready for final payment within 760 calendar days al~er the date when the Contract Time commenoas to run 5 2 Bidder accepts the provmmns of tho Agreement as to Llqmdated Damages m the event of failure to complet~ tho Work wthln tho times specified m the Agreement ARTICLE ~ The following documents are attached to and made a con&tlon of this B~d 6 1 Required Bid Security in the form of a certified check or a Bid Bond in the amount of 5% of the total Btd pnce 6 2 Noncollusion Affidavit ARTICLE 7 Communications concerning flus Bid shall be addressed to the following address Ms Dawn 1L Anderson Camp Dresser & MeKee, Inc 8140 Walnut Hill Lane, State 1000 Dall~, TX 75231 Phone (214) 346-2800 Fax ~(214) 987-2017 ARTICLE 8 Tho terms used tn this Bid whtch are defined m the General Con&tlons or Instructions to Bidders will have the meanings assigned to them AddNo 3-00300 doe 00300-7 October 2001 City of Dcflton, Texa~ Pecan Crock W~tcr Reclamation Plant I/xpansion SUBM~TTt~D on October 30 ,2001 Archer Western Contractors. Ltd.  (Name of Bidder) Approved By By President (Auth6nzed S~ (Title) ~ ~ 2121 Avenue "J"~ Suite 103 Attested By ~'A~uthonzed Signature) ~ (Address) John P. Slattery Seal Arlington, TX 76006 ~fa Corporation) (Cl~ and (817) 640-3898 (Telephone Number) (817) 640-8734 State Of Inco~poration: Tllinois (FacanmleNumber) Corporate Address: 1.500 ~ 62nd St. Ft. Lauderdale, FL 33309 Note If the Bidder is a corporation, mchcate state of incorporation under signature and affix corporate seal, ifa partnership give full name and resldenttal addresses if different from business address AddNo 3 00300 doo 00300-8 October 200! PERFORMANCE BOND STATE OF TEXAS § Bond No 8 SB 103698366 BCM COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS That Archar Western Contrae, t~; [,TV) whose address ]s 2121 Avenue .1 ,qmte 103 Arhn_~rtun: TSC 762011; hereinafter called Pnnolpal, and Tx .... i1~,.o Casualt;v alld 8urel:v Gomoany of Ame3:l-c~ COrpOllttlOll orgamzed and eydstmg under the laws of the State of ~ cgnn.ect i.cCt . , and fully anthortzad to transact business m the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a murat]pal ¢orporataon orgamzed and existing under the laws of the State of Texas, hereinafter called Owner, in the penal sum of ,~o. en MiIhnn 'hhne 14undred Thirty Thtnn~ancl and DOLLARS ($ 16f~3O.fl00 ) plus ten percent of the stated penal sum as an addmonal sum of money regresentmg adcht~onal court expenses, attorneys' fees, and hqmdated damages arising out of or connected w~th the below ~dentffled Contract, m lawful money of the Umted States, to be pard re'Denton County, Texas, for the payment of winch sum well and truly to be made, we hereby brad ourselves, our he]rs, executors, admtmstrators, successors, and assigns, jointly and severally, firmly by these presents Tins Bond shall automatmally be increased by the amount of any Change Order or Supplemental Agreement winch increases the Contract pnce, but m no event shall a Change Order or Supplemental Agreement winch reduces the Contract price decrease the penal sum of tim Bond THE OBLIOATION TO PAY SAME ]s conchUoned as follows Whereas, the Pnnc]pal entered rote a certain Contract, ~dentlfied by Ordinance Number 2001-439, wtth tho C~ty of Denton, theOwner, datedthe 27. dayof_hlav, ambgr-AD 2flol:acopyofwinohisbereto attached and made a part hereof, for lt~d ~ 2734- poe. an Ch'o~ek Water R~elamat~t~n Plant NOW, THE~O~, if the Pnnc]pal shul! well, truly and fmthfully perform and fulfill all of th~ un,d, erm~mgs, covenants, terms, condmons and agreements of smd Contract m accordance with the Plans, Speclficatmns and Conm~ct Documents dunng the original term thereof and any extension thereof winch may be granted by the Owner, voth or w~thout nonce to the Surety, and during the hfe of any guaranty or warranty reqmred under thru Contract, and shall also well land truly perform and ful~ll all the undert-I~.gs, covenants, terms, concht~ons and agreements of any and all duly authorized mo&ficatmns of said Contract that may hereafter be made. notme of winch modfficatmns to the Surety being hereby wmved, and, rf the sail repair and/or replace all defects due to faulty materials and workmansinp that appear votlun a penod ~f one (~) year from the date of final complet~un and final acceptance of the Work by the Ownor, and, if the Pnnc~pal sha]] fully indemmf7 and save harmless the Owner from all costs a~t damagas winch Owner may suffer by reason of fazlure to so perform hereur and shall fully reunburs~ and repay Owner all outlay and expense which the Owner may incur ]n making good any default or deficiency, theo flus obhgaUon shall be vmd, otherwise. ~t shall remain m full force andleffect PB - l C k,My Documenls~/~ Ofltce\Wmword~d 2734- Pecen Greek doc 12/4~t PROVIDED FURTHER, that If any legal action be filed upon flus Bond, exclusive venue shall lie in Denton County, State of Texas AND PROVIDED FURTHER, that the smd Surety, for value received, hereby sUpulates and agrees that no change, extension of tune, alteration or addmon 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 adchtlon to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawngs, etc This Bond Is g~van pursuant to the provmmns 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 demgnated by the Surety herein as the Resident Agent m Denton County to whom any requisite not~ces may be delivered and on whom service of process may bo 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, flus mstrument ~s executed in 4. copies, each one of which shall be deemed an onguml, this the ~7 day of..Nav, e, mher_~ _2DD_L_ BY vREs n, r TraYeler~ Ca~ualtZ,a,nd 8uret¥,C~pany of Amer±ca A~Tb~-FA~ Gzna M Damato, Attorney-In-Fact The Res,dent Agent of the Surly in D~nton County, Texas for dehve~ of noaee and s~rvlce of the process is NAIve{ Chria~opher H, ~obl,~ ....... STREETADDRESS 7~a ~ ~.~=~ ~: n~==~ ~w 7~.~a (NOTE Date of Performance Bond must be date of Contract If Restdent Jgent is not a corporatton, gtve a per$0tt's name} PB - 2 C Rdy Do~un~ Offl~Wmw~d~d ~7~- ~m ~d~ 12/4~D 1 TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURgTY COMPANY FARMINGTON CASUALTY COMPANY Hartford, Connecticut 06183-9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELER~ CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly orgamz~d under the laws of the State of Connecticut, and hawng their pnncipal offices In the City of Hartford, Coun~ of Haflford, State of Connecticut, (hereinafter the "compames") hath made, constituted and appointed, and do by these presents make, constituti and appoint Dwight F. Miller, David C Banks, Janice B Kaplan, Kevin P Nagel, Lorraine Pozezinskl~ Eilecu Lucitt, Carol F. Tasclotti, Evonne Brown, Adele M Korczai~ Grace Villarreal, Gaff Schroeder, Craig Goesel, Rebecca i. Bauparas, Barbara J, Bailey, Chad Berberich, Cindy Genslmger, Gina M, Damatu, Meredith C, Coveth, Thomas A. Pictor, Erik Janssens, Jane Bronsen, Carrie M. Roder, Michael Damewood, Ginny RockeR, Jam~s L. Forshey, Rosemary Mullerc~ Kathleen M. Anderson, Vannessa Sims, Luisa Catalano, Robert W Spoor, David Do~ovsn-Schager, of Naperville~ Illinois, thalr tree =_nd lawful Attomey(s)-m-Fact, w~th full power and authonty hereby conferred to sl~n, execute and acknowledge, at any pla~ wt~h!n the Umt~;l States, the foHovan8 instrument(s) by his/hat sole m~naturc and act, any and all bonds, mco~tT~nces, cof~tracts of indemmty, and other vattin~s obh~atm7 m the nntum of a bond, recolp'flzance, or conditional tmde~nki~ and any and all ~msants inddent ~ and to bind the Compames, thereby as fully and to the same extent as tf the same we~ sidled by tha~duly anthmtzed officem of tha Companies, and all the acts of said Attomey(s)-m-Fa~, pursuant to the anthoflW b. ereln ~ are hereby ratified and confirmed Tins appointment is mad~ under and b~ authority of th~ fullovan~ Standms Re, sohiUons of said Compames, which ResohiUoas are now in full force and effect STATI~ OF ICLIJt( IS ~ SS l, EIL£EN LUCITT a Nota~ Public m and for said ConnW and S~ate, do hcreby certify that Residcnt~, Restdant A,sstgant '\, COUNTY OF C00i .) Vwe Prcstdcnt, and Secretary, GIlqA Iq DAi, iAT0 Attorney-m-Fact, of TRAVELERS CASUALTY AND SURETY C~MPANY OF AMERICA,  sEAL* ,, ~ who t s . personally known to me to be the some person __ whose name ts subscribed to thc foregoing instrument, appeared before me this I- 'OFFICIAL ~ Notar~ Publ~q, 8tare o~ llllrtolo [ day tn person, and acknowledged that hc signed, sealed and ~ E LEEr Luowr ~ deltvered said instrument, for and on b~half of TRAVELERS CASUALTY therein set forth Given under my hand and notanal seal, flus ? ? I-h day 2001 _ NOtal~' Public S-1429 (07 COMPANY, which Resolution is now in full force snd effect. VOTED 'l'hat ~be m~natu~ of each of Ibe followm8 officers Premdant, any Executive Vice Presalant, an~ Semor Vice Presldant, any Vice Prea~lent, any ASslst~t VI~ lh~ldmt, any Seoretsry, any Assistant _~_. ,.and .the ~ of .the..Company _may be affixed. ~ facs~u~e~.~,tota~oYr pow~ or ,ttom~ or to any ~ficato re¼tm8 thereto ,ppomims R~. idant perpce~ only of exesutin8 ~ att~tmS bonds and underiaki~s aaa o~t~r cefllfied by such facsmule/dsnature and faosmule seal shall be valid and bmdm undieS, mS to winch it is atiad~i (ll-OOStaadard) [00: .([uf ,TO ,qep qlf,~: s~l paxt.~e olaJaq oq ol spras altuodJoo J~oqT pue luaplfu~[ aalA .~OlUaS zxaql/,q pau~[s · q ol luoummm s~l p~sueo ~xeq AlqVdlalO:) A,LqVflSVD NO~DNISCaV& pws XiqVdilalOD AL:IH/IS C[IqV A~L'IVflSVD PAYMENT BOND STATE OE TEXAS § Bond No 8 SB 103698366 BCH COUNTY OF DENTON § KNOW Al,I, MEN BY THESE PRESENTS That Archer Weatern Cantmetc~r~; whose add~ess is 9~1 ~ 1 Avnnna .! ~mto~ 103. Arhn~otnn T~ 76006 ; heremai~er called Principal, and Trav~lar~ eaa,,.ley and ~,,.-e.y Company of Ame.rt~ corporation orgamzed and erasRng under the laws of tho State of O,p~nn"¢t i, ,cRfld fully authorized to transact business m the State of Texas, ns Surety, are held and firmly bound unto the City of Denton, a mumelpel corpomtmn or~._,7~d and ex;stag under the laws of the State of Texas, heremaffer called Owner, and unto all persons, firms, and corporat,ons who may furmsh materials for, or perform labor upon, the buildmg or improvements heremafter referred to, ;n the penal sum o~ M, ll,on Nme I-h,ndred Th,try Thn, m.nd ]')nllmr~ .nd 0/100 DOLLARS ($16,930,000) in lawful money of the Umted Stat~s, to be pad m Denton, County, Texas, for the payment of winch sum well and truly to he made, we hereby bind ourselves, our heirs, exocutors, ad~mmstmtors, suc~ssors~ and assigns, jointly and severally, firmly by these presents Tins Bond shall autorrmQcally be increased by the amoimt of any Change Order or Supplemental Agreement winch cereuses the Contract price, but in no event sh.~! a Change Order or Supplemanml Agreement winch reduces the Contact price decrease the penal sum of tins Bond THE OBLIOATION TO PAY gAME m eondtt~oned as follows, Whereas, file Prmclpal entered into a gertam Contract, ;danttfied by Orchnance Number ~_oO].4~c~ ~ v~th the City of Denton, the Owner, c~ted the _2/-- d~y of ~ A D _2DD. L, a copy of winch is berne att~hed and made a pa~ hereof, for iq,ti T;g~g- .poe~,. Creek Water Reel.ma. ri. Plant NOW, THEREFORE, if the Principal shall well, truly and falthf~ly perform its d~t~es and make prompt lmyment to all persons, firms, subcontractors, corpomt;ons and clmmants supplying labor and/or matenal m the prosecuuon of the Work prowc~d for In said Contract and any and al~ duly author/zed modifications of smd Contract that may hereafter be made, notice of which mo~lifieatlorm to the Surly bemg hereby expressly waived, then this obhgatlon slmil be void, othetvase ;t shall remam m full forc~ and effect PROVIDED FURTHER, that if any legal action be filed on tins Bond, exclusive venue shall he m Denton County, Texas ~ PROVIDED FURTHER, that the smd Surety, for value received, hereby stipulates and agrees that no change, extension of tune. al,~tation or addition to the terms of the Contract, or to the !Work to be performed thereunder, or to the Plans, Speclficat;ons. Drawees, et¢, aecompanymg the same. shall in anywise affect its obhgatlon on th~s Bond, and It does hereby waive not,ce of any such change, extension of time, alteraUon or addmon to file tares of the Contract, or to the Work to be performed thereunder, or to the Plans, Speelficat, ons. Drawees, PB-3 C 9v'ff Dooum~gv~S Oflt~\Wmworfl~B~d 2734- l%m~a Ct~k(k,o 12/4/01 This Bond m given pursuant to the provimons of Chapter 2253 of the Texas Government Code, as amended, and any other applicable statutes of the State of Texas Tho undersigned and designated agent is hereby demgnated by the Surety herein as the Remdent ~nt In Denton County to whom any reqmmte noUces may be delivered and on whom service of process may be had in matters ansmg out of such suretyship, as prowded by Article 7 19-1 of the Insurance Code, Vernon's Annotated Clwl Statutes of the State of Texas IN WITNESS WHEREOF, this mstnlment is executed m 4 copies, each one of which shall be deemed an orions!, this the 27 day of~, 2001 ATTEST 0~ PRI~CmAL ~ PRESIDF, NT- I/aCthew Walsh ,Witness SURETY ulna M Damato, Attorney-In-Fact 215 Shuman Blvd , Naperville, IL 60563 The Remd~nt Agent of the Surety ,n Dunmn County, Texas for dehvery of noUce and s~mace of thc process Is NAM~ Christoph,er H Noble STREET ADDRESS 7920, Be,,l~ ~in, e Rpad, Da,!!as, %x 7~42Q (NOTE Date of Payment Bond must be date of Contract If Restdent Agent ts not a corporation, gtve a person's name j PB - 4 C ~9/D~um~,~S Offi~Wmword'd~d 27~4- P~ C~d~ 12/4/01 TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELleRS CASUALTY AND SUP~TY COMPANY FARMINOTON CASUALTY COMPANY Hartford, Connecticut 06183-9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY. cotporaUons duly orgnmzed under the laws of the State of Connecucut, and hawng their pnnc~pal offices ~n the Cfly of Hartford, County of Haflford, State of Connecticut, (hereinafter the "Compemes") hath made. consUtuted and appointed, and do by these presents make, constitut~ and appoint Dwight F. Miller, Dawd C. Banks, Janice B. Kaplan, Kewn P Nngel, Lorraine Pozezinski, Eileen Lucitt, Carol F. Tasclotfl, Evonne Brown, Adele M Korczak, Grace Villnrreal, Gall Schroeder, Craig Goesel, Rebecca L. Dauparas, Barbara J. Bailey, Chad Berbench, Cindy Genshnger, Gina M. Damato, Meredith C Covelh, Thomas A. Pictor, Erik,Janssens, Jane Bronson, Carrie M Roder, Michael Damewood, Ginny Rocket~, James I~ Forshey, Rosemary Mnllero, Kathleen I~L Anderson, Vaenessa Sims, L~isa Catalano, Rober~ W Spent, David Donovan-Schager, of Naporville, Illinois, their tree and lawful Attomoy(s)-m-Fact, ruth full power and authority her~oy conferred to sign, execute and ackanwlodge, at any pla~ mthin the Umted Sta~s, tho follomng mstnunent(s) by Ins/her sole signature and ~ any and all bonds, r~, contracts of imismmty, and other wrltm§s obhgatory m the nature of a bond, recug~lTnnce, or condlttmlal under~n~d~g and any and Jail consonis inddent thereto and to bind tho Compames, thereby as fully and to the same e~tem as ff the same w~m mgned by the~duly an~hortzed officers of the Companies, and all the acts of smd Attomey(s)=m-Fact, puraumt to the anthonty hereto given, are hereby ratified and confirmed This appointm~ut is ~0 umier and by autbonty of the following Stanchng RasoluUons of smd Compames, winch ResoluUnas now m full force and effect ~ATE OF ILLII IS ~SS l,state,EILEENdo hcrebyLUClTTcemfY thata N°ta~T Pubhc m ~md f°r said C°untY andResldent CO ..U~OF C001 ) Vice Prcs~deflt, and Resident Assistant S~eretal'y, ~TI~A ~ n~q'n Attorney-m-Fact, of TRAVELERS CASUALTY AND SURETY CoMPANY OF AMERICA, i "OFFIC AL SEAL" [ who t s . personally known to me to be the same person whose [ EILEEII LUOITI' [ name is subsonbed to the foregoing instrument, appeared before me this ~ Notary Public, State o! Illinois [ day m person, and acknowledged that he signed, sealed and ~MY c.~om_m_~i~ior ixplrea 7/1~'2004~ delivered smd msLrument, for and on behalf of TRAVELFALS CASUALTY AND SURETY COMPANY OF AMERICA, for the uses and pm'penes therein set forth Given under my hand and notarial seal, tlus 27 t h day of lqovember ~001 S-2429 (07 97) ~ Notary Public VO'~D That the mgnatl~e of each of the following officers lh'e~ldent, any ExecuUve Vice Preaulent, any Semor Vice President, any Vice Prellid~tt, any Azmtant Vine President, a~y ~ta~y, rely AzmK~ant 8eereta,'y, and the ~ of the Company may be affixed by fac.~mulc to any power of attorney o~ to any eefafieate mlatm8 ~.ereto appemtin8 Resident Vtoe P~estdents, Resident Assistant Se~retatle~ or Attorneys-m-Fact for ~rtifi---~-suoh fa~lndletsisuature a~d facsmule seal shall be vahd and binding upon the Company m the future vath respeot to any bond or unde~akmg to which it ~s attaohed (114)0 ~mdsrd) ~} llneeJle.L 0 ~] Ollqnd/de~oN 900~ 'Oe eunr seJldxe UOlSSRUtaoo Xrl 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 Farmmgton Casualty Company for ~nformatlon or to make a complmnt at Travelers Bond Attn Claims 1500 Market Street West Tower, State 2900 Phdadelphm, PA 19102 (267) 675-3130 (267) 675-3102 Fax You may contact the Texas Department of Insurance to obtmn the lnformaUon on compames, coverages, rights or eomplmnts at Texas Department of Insurance P O Box 149104 Austin, TX 78714-9104 (800) 252-3439 ATTACH THIS NOTICE TO YOUR BOND This notme is for ~nformatton 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 ~an-~m-uz 03:16P P.02 ~ACORD,. CERTIFICATE OF LIABILITY INSURANCE p.~. 07'~-94; ~33a THIS CERTIFICATE IS ISSUED AS A M~T~ OF INFOR~TION 3, ~.~t~ s~ve ~LTEfl THE COVE~GE AFFORDED BY THE POLIC ES B~LOW ~aa~v[lZ. ~ 31~3~z9[ INSURERSAFFORDINGCOVERAGE aan-l~-02 O3:17P P.03 CERTIFICATE OF LIABILITY INSURANCE Pag TH C RTIFICATE IS ISSUED AS A MATTER OF NFORMATION HOLDE~ THIS CERTIFICATE DOES NOT AMEND, EXTEND OR RI[t~a sa£vtea CanLeT ALTER THE COVERAGE AFFORDED BY THE PoUqlEE BELOW e o Box 3o51s~ iNSURERSAFFORDINGCOVERAGE The City O~ De~bon, ........ ~;~- ~{~ili~v with ~eepe=t to limb~lic7 n~sing ou~ o~ the Named :his in~uranc~ will he pri~arF and no~-=ontr~butory £nmuranoe w£~h ras~eo~ to any o~her avail&hie anoo~ed non=e~ewmd oN ~a~e=ially change without ~0 d~e advanced Jan-16-02 03:17P P.04 IMPORTANT It Ih~ c,~r~lflomJg holder iQ an AnDiTIONAL INSURED, the polJcy(le~) mu~' be endorsed A emtemer~t on this cerl~flcete does m3t can[er rlghls to the cerbhcam holder In lieu o[ such e~dorsement(s) If SUBROGATION IS W~AIVED Subjec[ to the term~ end cnndltlons of the policy, co,lain poll(,iu~ i~lay require ,'~n st~¢lorsem~nt A statement On this cel'[ifica~.e does not confer rlghls [o ~he certiflca[e hoklsr in lieu at ouch erldnrssment(s} DIe'CLAIMER The Certificate of Insurance on [ho reverse side of th~'~ form daos not cons[l~um ~ ~[b.~[ b~w~en the ~*~nino ~naurer(,~) euih~3rlzed represen[atlve or producer ~nd the r, ertlflcate holder, nor does affirmatively ar negailvoly emend exiend or alter [l~e coverage allnr(~ee oy [he poll[l=~ hsisd thereon CITY OF DENTON INSUIRANCE REQUIREMENTS FOR CONTRACTORS Bidder's attention is directed to the insurance requirements below. It ls 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 law bidder falls 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 tMs contract. STANDARD PROVISIONS: l, Vtthout hmltmg any of the other obhgattons or habdtttes of the Contractor, the Contractor shall provide and maintain until the contracted work has been completed and accepted by the Ctty of Denton, Chener, the mtmmum insurance coverage as indtcated hereinafter As soon as practicable after not,carton of btd award, Contractor shall file wtth the Purchastng Department sattsfactory certificates of insurance, contamtng the btd number amt tttle of the proJeCt Contractor ma)/, upon written request to the t~urchasmgDepartment, ask for clar~ficatton of any insurance requirements at any time, however, Contractors are strongly advtsed to make such requests prlor to bid opentng, since the msurance requtrements may not be modt. fled or watved after bM opening unless a written exception has been submttted wtth the btd. Contractor shall not commence any work or deliver any material until he or she receives notOelcatlon that the contract has been accepted, approved, and signed by the City of Denton. All tnsurance poltctes proposed or obtained m satisfaction of these requirements shall comply with the followtng general specifications, and shall be matntamed tn comphance wtth these general specificatwns throughout the duration of the Contract, or longer, tf so noted · Each policy shall be issued by a company authonznd to do business in the State of Texas w~th an A M Best Company rating of at least A · Any deductibles or self. insured retentions shall be declared m the bid proposal If requested by the City, the insurer shall reduce or elunmate such deductibles or self-insured retentions voth respect to the City, its offimals, agents, employees and volunteers, or, the contractor shall procure a bond guaranteeing payment of losses and related investigations, olatm administration and defense expenses · Liability policies shall be eadorsed to provide the follovang ** Name as adchtional insured the City of Denton, its Offimals, Agents, Employees and volunteers C kMy Do~nmlOnts~M$ ~Wmword~ld 2734- Pman Cr~k doe 12/4/01 · , That such insurance is primary to any other insurance avsalable to the addmonal msurod w~th respect to claims covered under the policy and that this insurance applies separately to each insured against whom clam ~s made or stat is brought The inclusion of more than one insured shall not operate to increase the insurer's limit of liability · Ail policies shall be endorsed to '~$AID POLICY $1t.4f.!~ NOT BE CANCELLED, NONRENEI~'ED OR MA~RIALLF CHANf~E ~TFHOUT $0 DAI~ ADI~ANCED ~.IITEN NOTICE BEING GIVEN TO THE OP/NER (Cf'IT) EXCEPT I~IEN TItE POI, ICF IS BEIN~ CANCEI. I~EI) FOR NONPAYMENT OF PREMIUM IN ~7t~IClf CASE I O DA FS ADVANCE I~JITEN NOTICE IS REO. UIRED': · Should any of the reqmred insurance be provided under a claims-made form, Contractor shall maintain such coverage continuously throughout the term of this contract and, w~thout lapse, for a penod of three years beyond the coniract explraUon, such that occurrences arising dunng the contract term which g~ve rise to ' claims made after expiration of the contract shall be covered · Should any of the reqmred insurance be provided under a form of coverage that includes a genital annual aggregate himt prov~chng for clatms mvesUgat~on or legal defense costs to be included m the general annual aggregate hm~t, the Contractor shall either double the occurrence hrmts or obtain Owners and Contractors Prote~Uve Liability Insurance · I Should any reqtured insurance lapse during the contract term, requests for payments onlgnaung after such lapse shall not be processed until the City p~ceives satisfactory evidence of reinstated coverage as reqmred by this contract, effective as of the lapse date If insurance is not l~mstated, City may, at ~ts sole option, terminate this agreement effective on the date of the lapse SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: ~4ll insurance Policies proposed or obtained m satl~Cactlo~ of this Contract shall addftlonally comply wlth the following marked st~¢~fieations, and shall be maintained these additional specifications throughout the duration of the Contract, or longer, ~f so noted A, General Liability Insurance: General Liability insurance vath combined single lumts of not less than $ ~ shall be prowded and maintained by the Contractor The policy shall be written on an occurrence basis either m a single policy or m a combination of underllang and umbrella or excess policies C kMy Doom~ts~M80ffioe\W'mword/B~d 2734~ P~an C'l~doo 12/4t~1 If the Commercial General Lmbfi~ty form (ISO Form CG 0001 current edmon) ~s used · Covemga A shall include premises, operations, products, and completed operations, independent contractors, contractual hablhty covenn§ th~s contract and broad form property damage coverage · Coverage B shall include personal inJury · Coverage C, medical payments, is not reqmred If the Comprehensive ~oneral Luibthty form (ISO Form GL 0002 Current Echtion and ISO Form eL 0404) Is used, it shall Include at least · Bo&ly injury and Property Damage Lmbfllty for prermses, operations, products and completed operations, independent contractors and property damage resulting from explostun, collapse or underground (XCU) exposures · Broad form contractual liability (ta'oferably by endorsement) covering this contract, personal injury hablhty and broad form property damage habfllty [X] Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance wqth Combined Smile Lmuts (CSL) of not less than $ either m a smile policy or in a combination of basic and umbrella or excess policies The policy yell include bodily injury and property damage liability arising out of the operation, maintenance and use of all automobiles and mobile equipment used in conjunction voth this contract Satisfaction of the above requirement shall be in the form of a policy endorsement for * arty auto, or · all owned, hued and non-owned autos [X] Workers Compen~tion Insurance Contractor shall purchase and mmntam Worker's Compensation insurance which, in addmon to me~ting the mimmum statutory requirements for issuance of such insurance, has Employer's Liablhty limits of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 policy limit for occupational chsease The City need not bo named as an "Adchtional 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 w~th the prosnslons of Attachment 1 in accordance w~th §406096 of the Texas Labor Code and rule 28TAC 110 110 of the Texas Worker's C ~My Dooumon~vlS Oltt~Wmword~ut 2734- P~ Cro~k doc 12/4/01 Compensation Commission (TWCC) Owner*s and Contractor's Protective Liability Insurance The Contractor shall obtain, pay for and maintmn at all times dunng the prosecution of thet work under flus contract, an OwoeFs and Contractor's Protective Llabihty ~nsurance policy naming the City as insured for property damage and bodily injury wluch may arise m the prosecuUon of the work or Contractors operaUons under flus contract. Coverage shall be on an "occurrence" basis, and the policy shall be issued by the same insurance company that carries the Contractor's habihty 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 reqmred ff Broad form Cmneral Liability Is not provided or is unavmlable to the contractor or ifa contractor leases or rents a portion ora City hmldmg Limits of not less than each occurrence are reqmred [ ] Professional Liability Insurance Professional liability insurance with lmuts not less than per clann with respect to negligent acts, errors or omissions in connection with professional serwces is reqmred under flus Agreement. [ ] Builders* Risk Insurance Builders' l~sk Insurance, on an All-Risk form for 100% of the completed value shall be prowded Such policy shall include as '~Narned 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 spec~c senace agreements If such additional insurance is re, qua'ed for a specific contract, that requirement will be described in the "Specific Conditions" of the contract specifications C ~vly Do~unmllz~v~ Offioo~Wmword~ld 2734- Peoan Creek.doe 12/4/01 ATTACHMENT 1 [X] Worker's Compensation Coverage for Building or Construction Projects for Governmental Entities A Defim~aonS Cemficate of coverage ('*ocm~lcate")-A copy of a eertificate of insurance, a certificate of authority to self. insure ~ssued by the conumss~on, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entitys employees providing services on a project, for the duration of the project Duration of the project - includes the time from the begmmng of the work on the project until the contractors/person's work on the project has been completed and accepted by the governmental entity Persons providing services on the project ("subcontractor" m §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 wath the contractor and regardless of whether that person has employees This includes, without hm.~tation, independent contractors, subcontractors, leasing compames, motor c~Wners, owner-operators, employees of any such entity, or employees of any entity which furmshes persons to provide services on the project "Services" include, without limitation, providing, hauling, or dehvenng equipment or materials, or provadmg labor, transportation, or other serwce related to a project "Services" does not include actiwtles unrelated to the project, such as food/beverage vendors, office supply dehvenes, and dehvery 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 prxor to being awarded the contract D If thc 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 C ~My D~umentshMS Oflloe\Wmw~cd~Bld 2734- Perm Creekdo~ 12/4/01 E The contractor shall obtmn from each person provithng services on a project, and pro, nde to the governmental entity (I) a cemficate of coverage, prior to that person beginning work on the project, so the governmental entity veil have on file certificates of coverage showing coverage for all persons prov~ding services on the project, and (2) no later than seven days after recellX by thc contractor, a new cemficate of coverage showing extension of coverage, If the coverage period shown on the current certificate of coverage ends dunng the duration of the project F The contractor shall retain all reqmred cemficates of coverage for the duration of the project and for one year thereafter G, The conm~ctor shall notl~ the governmental entity m venting by cemfied nmi or personal delivery, v~.hm. 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person prowdmg services on the project H The contractor shall post on each project site a notice, m the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons prowdlng serwces on the project that they are reqmred to be covered, and stating how a person may verify coverage and report lack of coverage ! The contractor shall contractually require each person w~th whom it contracts to prowde sennces on a project, to' (1) provide coverage, based on proper repomng 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 pwvidmg serwces on the project, for the duration of the pwJect, (2) prowde to the contractor, prior to that person begmmng work on the project, a cer~ficate of coverage show~ng that coverage is being prowded for all employees of the person prowdmg serwces on the project, for the duration of the project, (3) prowde the contractor, prior to the end of the coverage period, a new cert~cate of coverage showng extension of coverage, if the coverage period shown on the current cemficate of coverage ends dunng the duration of the project, C '~y Daou~e~z~b/I$ Offi~W'mwor&B~d 27~4- ~ C'tm~doo 12/4/01 (4) obtain from each other person w~th whom ~t contracts, and provide to the contractor (a) a cemficate of coverage, prmr to the other person beginning work on the project, and (b) a new cemficate of coverage show~ng extension of coverage, prmr 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, (S) retmn all reqmred certificates of coverage on file for the duration of the project and for one year thereafter, (6) notify the governmental entity m writing by certified mail or personal delivery, vathm 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person proving serwces on the project, and (7) contractually reqmre each person vath whom a contracts, to perform as reqmred by paragraphs (1) - (7), w~th the certificates of coverage to be promded to the person for whom they are prowdmg serwces J By sigmng this contract or providing or causing to be provided a cemficate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide sermces on the project will be covered by workers' compensation coverage for the duration of the project, that tim coverage will be based on proper repomng of classification codes and payroll mounts, and that all coverage agreements vail be filed w~th the appropriate insurance career or, in the case of a self-insured, with the comnnssion's Division of Self-Insuranee Regulation Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, clv~l penalties, or other civil actions K The contractor's fmlure to comply vath any of these provisions is a breach of contract by the contractor which entities the governmental entity to declare the contract void if the contractor does not remedy the breach w~thm ten days after receipt of notice of breach from the governmental entity C ~vly Dooum~nt~vffi Offi~WmwordkB~d 2734~ Pman Cr~k. doo 12/4/01 · . That such insurance is primary to any other insurance available to the addmonal insured w~th respect to clauns covered under the policy and that this insurance applies separately to each insured against whom claim is made or stat 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 ~ "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 DA YS AD VANCE WRITTEN NO TI CE IS RE Q UIRED ". · Should any of the required insurance be provided under a claims-made form, Contractor shall maintain such coverage continuously throughout the term of fins contract and, w~thout lapse, for a period of three years beyond the contract expiration, such that occurrences arising dunng the contract term wtuch give nsc to claims made after expiration of the contract shall be covered · Should any of the required insurance be prowded 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 hrmts or obtain Owners and Contractors Protective Lmblhty Insurance · Should any required insurance lapse dunng the contract term, requests for payments , ongmatang 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 flus agreement effective on the date of the lapse SPECII~IC ADDITIONAL INSURANCE REQUIREMENTS: All msurahce pohctes proposed or obtained tn satzsfactwn of thts Contract shall ad&t~onally comply wt~h the following marked spec~ficatwns, and shall be maintained m comphance with these additional spec~ficatwns throughout the duratwn of the Contract, or longer, ~f so noted [X] A General Liability Insurance: , General Liability insurance wath combined single hmlts of not less than `i .shall be provided and maintained by the Contractor The policy shall be written on an occurrence basis either m a single policy or In a combination of underlying and umbrella or excess policies S \prch\Contracts Decuraant~Bld 2734 Pecan Creek dec 12/5/01 If the Connnercml General Lmbfl~ty form (ISO Form CG 0001 current edition) ~s used · Coverage A shall anclude premases, operatmns, products, and completed operatmns, independent contractors, contractual habfl~ty covering flus contract and broad form property damage coverage · Coverage B shall include personal injury · Coverage C, mcchcal payments, as not required If the Comprehensive General L~ablhty form (ISO Form GL 0002 Current Edatlon and ISO Form GL 0404) as used, at shall include at least · Bodily injury and Property Damage L~abflaty for premases, operatmns, products and completed operations, independent contractors and property damage resulting from explosaon, collapse or underground (XCU) exposures · Broad form contractual habflaty (preferably by endorsement) covenng th~s contract, personal injury habflaty and broad form property damage habfl~ty [X] At~tomobile Lmbdaty Insurance. Contractor shall provide Commercial Automobile L~abahty insurance wath Cominned Single Lmnts (CSL) of not less than g, 500~O00 eather m a sangle pohcy or an a combmatton of basra and umbrella or excess pohcaes The pohcy will include bodily injury and property damage hablhty arising out of the operation, mmntenance and use of all automobiles and mobile eqmpment used an conjunctaon wath this contract Sat~sfactaon of the above reqmrement shall be an the form of a pohcy endorsement for · any auto, or · all owned, hared and non-owned autos [X] Workers Compensation Insurance Contractor shall purchase and mmntmn Worker's Compensataon ansurance winch, ~n addataon to meeting the mammum statutory reqmrements for ~ssuance of such ~nsurance, has Employer's Laabflaty Inmts of at least $100,000 for each accadent, $100,000 per each employee, and a $500,000 pohcy hrmt for occupatmnal d~sease The C~ty need not be named as an "Add~tmnal Insured" but the ~nsurer shall agree to wmve all rights of subrogataon against the C~ty, ~ts officaals, agents, employees and volunteers for any work per£orrned for the C~ty by the Named Insured For bmldang or construction projects, the Contractor shall comply wath the prov~smns of Attachment 1 an accordance wath §406 096 of the Texas Labor Code and role 28TAC 110 110 of the Texas Worker's S \prch\Contract~ DocumentskBld 2734- Pecan Creek doc 12/5/01 Compensation Commission (TWCC) [ ] Owner's and Contractor's Protective Liability Insurance The Contractor shall obUun, pay for and maintain at all times dunng the prosecution of the work under tbs contract, an Owner's and Contractor's Protective Liability insurance policy naming the City as insured for property damage and bodily injury wluch 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 eo~npany that carnes the Contractor's liability insurance Policy limits will be at least Sl ~0~0;000 combined bodily injury and property damage per occurrence with a , aggregate [ ] Fire Damage Legal Lmbility Insurance Coverage is reqmred if Broad form General Liability is not provided or is unavmlable to the contractor or ifa contractor leases or rents a portion cfa City bmldlng Limits of not le~s than each occurrence are reqmred [ ] Professional Liability Insurance Professional liability insurance with limits not less than per claim with respect to neghgent acts, errors or omissions m connection with professional services is reqmred under this Agreement [ x] Builders' Risk Insurance Builders' Pdsk Insurance, on an All-Pdsk form for 100% of the completed value shall be prowded 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 reqmred on an individual basis for extra hazardous contracts and specific service agreements If such additional insurance is reqmred for a specific contract, that requirement will be described m the "Specific Conditions" of the contract specifications $ \prch\Contracts Documents\Bid 2734 Pecan Creek doc 12/5/01