HomeMy WebLinkAbout1998-159ORDINANCE NR—L-15�9
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR
A FUEL FARM FACILITY FOR THE MUNICIPAL AIRPORT, PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE (BID #
2195 — FUEL FARM FOR MUNICIPAL AIRPORT — LES GRAY AND CO INC IN THE
AMOUNT OF $152,244 00)
WHEREAS, the City has solicited, received and tabulated competitive bids for the
construction of public works or improvements in accordance with the procedures of STATE law
and City ordinances, and
WHEREAS, the City Manager or a designated employee has received and recommended that
the herein described bids are the lowest responsible bids for the construction of the public works or
improvements described in the bid invitation, bid proposals and plans and specifications therein,
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the following competitive bids for the construction of public works or
improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on
file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto,
are hereby accepted and approved as being the lowest responsible bids
BID
NUMBER CDEjRACTOR AMOUNT
219E LES GRAY AND CO. INC. $152,244 00
SECTION ION II That the acceptance and approval of the above competitive bids shall not
constitute a contract between the City and the person submitting the bid for construction of such
public works or improvements herein accepted and approved, until such person shall comply with
all requirements specified in the Notice to Bidders including the timely execution of a written
contract land furnishing of performance and payment bonds, and insurance certificate after
notification of the award of the bid
SECTION III That the City Manager is hereby authorized to execute all necessary written
contracts I for the performance of the construction of the public works or improvements in accordance
with the ids accepted and approved herein, provided that such contracts are made in accordance
with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms,
conditions, plans and specifications, standards, quantities and specified sums contained therein
SECTION IV That upon acceptance and approval of the above competitive bids and the
execution of contracts for the public works and improvements as authorized herein, the 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 this ordinance shall become effective immediately upon its passage and
approval
PASSED AND APPROVED this thez�'he�day of 1998
JAC M LER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
BY 44Z`j
2195 CONTRACT ORDINANCE
CONTRACT AGREEMENT
STATE OF TEXAS
COUNTY OF DENTON
THIS AGREEMENT, made and entered into this 2 day of JUNE A.D., 1998, by
and between CITY OF DENTON of the County of DENTON and State of Texas, acting
through TED BENAVIDES thereunto duly authorized so to do, hereinafter termed
"OWNER," and
LES GRAY AND CO. INC.
1800 COMMERCE STREET
GARLAND, TX 75040-6712
of the City of GARLAND County of DALLAS and State of TEXAS, hereinafter termed
"CONTRACTOR"
WITNESSETH That for and in consideration of the payments and agreements
hereinafter mentioned, to be made and performed by OWNER, and under the conditions
expressed in the bonds attached hereto, CONTRACTOR hereby agrees with OWNER to
commence and complete performance of the work specified below
BID # 2195 — FUEL FARM FOR MUNICIPAL AIRPORT
in the amount of $152,244.00 and all extra work in connection therewith, under the terms
as stated in the General Conditions of the agreement, and at his (or their) own proper cost and
expense to furnish all materials, supplies, machinery, equipment, tools, superintendence,
labor, insurance, and other accessories and services necessary to complete the work specified
above, in accordance with the conditions and prices stated in the Proposal attached hereto, and
in accordance with all the General Conditions of the Agreement, the Special Conditions, the
Notice to Bidders (Advertisement for Bids), Instructions to Bidders, and the Performance and
Payment Bonds, all attached hereto, and in
CA - 1
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
CITY OF DENTON AIRPORT DEPARTMENT _
all of which are made a part hereof and collectively evidence and constitute the entire contract
Independent Status
It is mutually understood and agreed by and between City and Contractor that
Contractor is an independent contractor and shall not be deemed to be or considered an
employee of the City of Denton, Texas, for the purposes of income tax, withholding, social
security taxes, vacation or sick leave benefits, worker's compensation, or any other City
employee benefit City shall not have supervision and control of Contractor or any employee
of Contractor, and it is expressly understood that Contractor shall perform the services
hereunder according to the attached specifications at the general direction of the City Manager
of the City of Denton, Texas, or his designee under this agreement
Indemnification
Contractor shall and does hereby agree to mdemmfy and hold harmless the City of
Denton from any and all damages, loss, or liability of any kind whatsoever, by reason of injury
to property or third persons occasioned by any error, omission or negligent act of Contractor,
its officers, agents, employees, invitees, and other persons for whom it is legally liable, with
regard to the performance of this Agreement, and Contractor will, at its cost and expense,
defend and protect the City of Denton against any and all such claims and demands
Choice of Law and Venue
This agreement shall be governed by the law of the State of Texas and venue for its
construction and enforcement shall lie in the courts of Denton County, Texas
The CONTRACTOR hereby agrees to commence work on or after the date established
for the start of work as set forth in written notice to commence work and complete all work
within the time stated in the Proposal, subject to such extensions of time as are provided by the
General and Special Conditions
The OWNER agrees to pay the CONTRACTOR in current funds the price or prices
shown in the Proposal, which forms a part of this contract, such payments to be subject to the
General and Special Conditions of the Contract
CA-2
IN WITNESS WHEREOF, the parties of these presents have executed this agreement
in the year and day first above written
ATTEST
ATTEST
APPROVED AS TO FORM
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PERFORMANCE BOND �Bf-
STATE OF TEXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS That LES GRAY AND CO. INC.,
whose address is 1800 COMMERCE ST., GARLAND, TX 75040-6712, hereinafter called
Principal, and , a corporation organized and
existing under the laws of the State of TEXAS, and fully authorized to transact business in the
State of Texas, as Surety, are held and firmly bound unto the City of Denton, a municipal
corporation organized and existing under the laws of the State of Texas, hereinafter called
Owner, in the penal sum of ONE HUNDRED FIFTY TWO THOUSAND TWO HUNDRED
FORTY FOUR and no/100 DOLLARS ($152,244.00) plus ten percent of the stated penal
sum as an additional sum of money representing additional court expenses, attorneys' fees, and
liquidated damages arising out of or connected with the below identified Contract, in lawful
money of the United States, to be paid in Denton County, Texas, for the payment of which
sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators,
successors, and assigns, jointly and severally, firmly by these presents This Bond shall
automatically be increased by the amount of any Change Order or Supplemental Agreement
which increases the Contract price, but in no event shall a Change Order or Supplemental
Agreement which reduces the Contract price decrease the penal sum of this Bond
THE OBLIGATION TO PAY SAME is conditioned as follows Whereas, the
Principal entered into a certain Contract, identified by Ordinance Number 98-159, with the
City of Denton, the Owner, dated the 2 day of JUNE A.D. 1998, a copy of which is hereto
attached and made a part hereof, for BID # 2195 - FUEL FARM FOR MUNICIPAL
AIRPORT.
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill
all of the undertakings, covenants, terms, conditions and agreements of said Contract in
accordance with the Plans, Specifications and Contract Documents during the original term
thereof and any extension thereof which may be granted by the Owner, with or without notice
to the Surety, and during the life of any guaranty or warranty required under this Contract, and
shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions
and agreements of any and all duly authorized modifications of said Contract that may
hereafter be made, notice of which modifications to the Surety being hereby waived, and, if the
Principal shall repair and/or replace all defects due to faulty materials and workmanship that
appear within a period of one (1) year from the date of final completion and final acceptance of
the Work by the Owner, and, if the Principal shall fully indemnify and save harmless the
Owner from all costs and damages which Owner may suffer by reason of failure to so perform
herein and shall fully reimburse and repay Owner all outlay and expense which the Owner may
incur in making good any default or deficiency, then this obligation shall be void, otherwise, it
shall remain in full force and effect
PROVIDED FURTHER, that if any legal action be filed upon this Bond, exclusive
venue shall lie in Denton County, State of Texas
AND PROVIDED FURTHER, that the said Surety, for value received, hereby
stipulates and agrees that no change, extension of time, alteration or addition to the terms of
the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications,
Drawings, etc , accompanying the same, shall in anywise affect its obligation on this Bond,
and it does hereby waive notice of any such change, extension of time, alteration or addition to
the terms of the Contract, or to the Work to be performed thereunder, or to the Plans,
Specifications, Drawings, etc
This Bond is given pursuant to the provisions of Chapter 2253 of the Texas
Government Code, as amended, and any other applicable statutes of the State of Texas
The undersigned and designated agent is hereby designated by the Surety herem as the
Resident Agent in Denton County to whom any requisite notices may be delivered and on
whom service of process may be had in matters arising out of such suretyship, as provided by
Article 7 19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas
IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of which
shall be deemed an original, this the 2 day of JUNE 1998.
ATTEST
BY
SECRETARY
ATTEST
m
PRINCIPAL
BY
PRESIDENT
SURETY
BY
ATTORNEY -IN -FACT
The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service
of the process is
NAME
STREET ADDRESS
(NOTE Date of Performance Bond must be date of Contract If Resident Agent is not a
corporation, give a person's name )
PAYMENT BOND SbP. 14 TTF1 GN b D
STATE OF TEXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS That LES GRAY AND CO. INC.,
whose address is 1800 COMMERCE ST., GARLAND, TX 75040-6712, hereinafter called
Principal, and a corporation organized and
existing under the laws of the State of TEXAS, and fully authorized to transact business in the
State of Texas, as Surety, are held and firmly bound unto the City of Denton, a municipal
corporation organized and existing under the laws of the State of Texas, hereinafter called
Owner, and unto all persons, firms, and corporations who may furnish materials for, or
perform labor upon, the building or improvements hereinafter referred to, in the penal sum of
ONE HUNDRED FIFTY TWO THOUSAND TWO HUNDRED FORTY FOUR and
no/100 DOLLARS ($152,244.00) in lawful money of the United States, to be paid in Denton,
County, Texas, for the payment of which sum well and truly to be made, we hereby bind
ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally,
firmly by these presents This Bond shall automatically be increased by the amount of any
Change Order or Supplemental Agreement which increases the Contract price, but in no event
shall a Change Order or Supplemental Agreement which reduces the Contract price decrease
the penal sum of this Bond
THE OBLIGATION TO PAY SAME is conditioned as follows Whereas, the Principal
entered into a certain Contract, identified by Ordinance Number 98-159, with the City of
Denton, the Owner, dated the 2 day of JUNE A.D. 1998, a copy of which is hereto attached
and made a part hereof, for BID # 2195 — FUEL FARM FOR MUNICIPAL AIRPORT.
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties
and make prompt payment to all persons, firms, subcontractors, corporations and claimants
supplying labor and/or material in the prosecution of the Work provided for in said Contract
and any and all duly authorized modifications of said Contract that may hereafter be made,
notice of which modifications to the Surety being hereby expressly waived, then this obligation
shall be void, otherwise it shall remain in full force and effect
PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive venue
shall lie in Denton County, Texas
AND PROVIDED FURTHER, that the said Surety, for value received, hereby
stipulates and agrees that no change, extension of time, alteration or addition to the terms of
the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications,
Drawings, etc , accompanying the same, shall in anywise affect its obligation on this Bond,
and it does hereby waive notice of any such change, extension of tune, alteration or addition to
the terms of the Contract, or to the Work to be performed thereunder, or to the Plans,
Specifications, Drawings, etc
This Bond is given pursuant to the provisions of Chapter 2253 of the Texas
Government Code, as amended, and any other applicable statutes of the State of Texas
The undersigned and designated agent is hereby designated by the Surety herein as the
Resident Agent in Denton County to whom any requisite notices may be delivered and on
whom service of process may be had in matters arising out of such suretyship, as provided by
Article 7 19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas
IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of which
shall be deemed an original, this the 2 day of JUNE, 1998.
ATTEST PRINCIPAL
BY
SECRETARY
ATTEST
m
I4
PRESIDENT
SURETY
BY
ATTORNEY -IN -FACT
The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service
of the process is
NAME
STREET ADDRESS
(NOTE Date of Payment Bond must be date of Contract If Resident Agent is not a
corporation, give a person Is name )
2195—CONTRACT & BONDS
CITY OF DENTON
INSURANCE REQUIREMENTS FOR CONTRACTORS
Bidder's attention is directed to the Insurance requirements below. It Is highly
recommended that bidders confer with their respective insurance carriers or brokers
to determine in advance of Bid submission the availability of insurance certificates and
endorsements as prescribed and provided herein. If an apparent low bidder 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 this contract.
STANDARD PROVISIONS:
Without limiting any of the other obligations or liabilities of the Contractor, the
Contractor shall provide and maintain until the contracted work has been completed
and accepted by the City of Denton, Owner, the minimum Insurance coverage as
Indicated hereinafter
As soon as practicable after notification of bid award, Contractor shall file with the
Purchasing Department satisfactory certificates of Insurance, containing the bid
number and title of the project. Contractor may, upon written request to the
Purchasing Department, ask for clarification of any insurance requirements at any
time, however, Contractors are strongly advised to make such requests prior to bid
opening, since the insurance requirements may not be modified or waived after bid
opening unless a written exception has been submitted with the bid Contractor shall
not commence any work or deliver any material until he or she receives notification
that the contract has been accepted, approved, and signed by the City of Denton
All insurance policies proposed or obtained in satisfaction of these requirements shall
comply with the following general specifications, and shall be maintained in
compliance with these general specifications throughout the duration of the Contract,
or longer, if so noted.
• Each policy shall be issued by a company authorized to do business in the
State of Texas with an AM Best Company rating of at least A
• Any deductibles or self -insured retentions shall be declared in the bid
proposal if requested by the City, the insurer shall reduce or eliminate
such deductibles or self -insured retentions with respect to the City, its
AAA00350
REVISED 10/12/04 Cl - 1
Insurance Requirements
Page 2
officials, agents, employees and volunteers; or, the contractor shall procure
a bond guaranteeing payment of losses and related investigations, claim
administration and defense expenses.
• Liability policies shall be endorsed to provide the following:
•• Name as additional insured the City of Denton, its Officials, Agents,
Employees and volunteers.
• • That such Insurance is primary to any other insurance available to the
additional Insured with respect to claims covered under the policy and
that this insurance applies separately to each insured against whom
claim Is made or suit is brought. The inclusion of more than one
insured shall not operate to increase the insurer's limit of liability
• All policies shall be endorsed to provide thirty(30) days prior written notice
of cancellation, non -renewal or reduction in coverage
• Should any of the required insurance be provided under a claims -made
form, Contractor shall maintain such coverage continuously throughout the
term of this contract and, without lapse, for a period of three years beyond
the contract expiration, such that occurrences arising during the contract
term which give rise to claims made after expiration of the contract shall
be covered.
• Should any of the required insurance be provided under a form of coverage
that includes a general annual aggregate limit providing for claims
Investigation or legal defense costs to be included In the general annual
aggregate limit, the contractor shall either double the occurrence limits or
obtain Owners and Contractors Protective Liability Insurance
• Should any required insurance lapse during the contract term, requests for
payments originating after such lapse shall not be processed until the City
receives satisfactory evidence of reinstated coverage as required by this
contract, effective as of the lapse date if Insurance is not reinstated, City
may, at Its sole option, terminate this agreement effective on the date of
the lapse
AAA00300
REVISED 10112/04 CI - 2
Insurance Requirements
Page 3
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS:
All Insurance policies proposed or obtained in satisfaction of this Contract shall
additionally comply with the following marked specifications, and shall be maintained
In compliance with these additional specifications throughout the duration of the
Contract, or longer, if so noted:
Pq A. General Liability Insurance:
General Liability insurance with combined single limits of not less than
$1,000,000.00 shall be provided and maintained by the contractor The policy
shall be written on an occurrence basis either in a single policy or in a
combination of underlying and umbrella or excess policies
If the Commercial General Liability form (ISO Form CG 0001 current
edition) is used:
• Coverage A shall include premises, operations, products, and
completed operations, Independent contractors, contractual liability
covering this contract and broad form property damage coverage
• Coverage B shall include personal Injury.
• Coverage C, medical payments, is not required
If the Comprehensive General Liability form (ISO Form GL 0002 Current
Edition and ISO Form GL 0404) is used, it shall include at least,
• Bodily injury and Property Damage Liability for premises,
operations, products and completed operations, independent
contractors and property damage resulting from explosion, collapse
or underground (XCU) exposures.
• Broad form contractual liability (preferably by endorsement)
covering this contract, personal injury liability and broad form
property damage liability.
AAA00350
REVISED 10/12/94 Cl - 3
Insurance Requirements
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(sl Automobile Liability Insurance:
Contractor shall provide Commercial Automobllp Liability insurance with
Combined Single Limits (CSL) of not less than $500,000.00 either In a single
policy or in a combination of basic and umbrella or excess policies. The policy
will include bodily injury and property damage liability arising out of the
operation, maintenance and use of all automobiles and mobile equipment used
in conjunction with this contract.
Satisfaction of the above requirement shall be in the form of a policy
endorsement for:
• any auto, or
• all owned, hired and non -owned autos.
(S] Workers Compensation Insurance
Contractor shall purchase and maintain Worker's Compensation insurance
which, in addition to meeting the minimum statutory requirements for issuance
of such Insurance, has Employer's Liability limits of at least $100,000 for each
accident, $100,000 per each employee, and a $500,000 policy limit for
occupational disease. The City need not be named as an "Additional Insured"
but the insurer shall agree to waive all rights of subrogation against the City,
Its officials, agents, employees and volunteers for any work performed for the
City by the Named Insured For building or construction projects, the
Contractor shall comply with the provisions of Attachment 1 in accordance
with 1406.096 of the Texas Labor Code and rule 28TAC 110.110 of the Texas
Worker's Compensation Commission (TWCC).
Owner's and Contractor's Protective Liability Insurance
The Contractor shall obtain, pay for and maintain at all times during the
prosecution of the work under this contract, an Owner's and Contractor's
Protective Liability insurance policy naming the City as insured for property
damage and bodily injury which may arise in the prosecution of the work or
contractor's operations under this contract Coverage shall be on an
AAA00350
IIEVISED 10/12/94 CI - 4
Insurance Requirements
Page 5
"occurrence" basis, and the policy shall be issued by the same insurance
company that carries the contractor's liability Insurance. Policy limits will be
at least combined bodily injury and property damage per
occurrence with a aggregate.
[ l Fire Damage Legal Liability Insurance
Coverage is required if Broad form General Liability is not provided or is
unavailable to the contractor or if a contractor leases or rents a portion of a
City building. Limits of not less than each occurrence are required
[ [ Professional Liability Insurance
Professional liability Insurance with limits not less than per claim
with respect to negligent acts, errors or omissions in connection with
professional services is required under this Agreement.
[ l Builders' Risk Insurance
Builders' Risk Insurance, on an All -Risk form for 100% of the completed value
shall be provided. Such policy shall include as "Named Insured" the City of
Denton and all subcontractors as their interests may appear
[ l Additional Insurance
Other insurance may be required on an individual basis for extra hazardous
contracts and specific service agreements If such additional insurance is
required for a specific contract, that requirement will be described in the
"Specific Conditions" of the contract specifications
AAA00350
REVISED 1101112194 Cl - 5
Insurance Requirements
Page 6
ATTACHMENT 1
(� Worker's Compensation Coverage for Building or Construction Projects for
Governmental Entities
A. Definitions:
Certificate of coverage ("certi icate")-A copy of a certificate of insurance,
a certificate of authority to self -Insure issued by the commission, or a
coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84),
showing statutory workers' compensation Insurance coverage for the
person's or entity's employees providing services on a project, for the
duration of the project.
Duration of the project - includes the time from the beginning of the work
on the project until the contractor'slperson's work on the project has been
completed and accepted by the governmental entity.
Persons providing services on the project ("subcontractor" in 1406.096) -
Includes all persons or entities performing all or part of the services the
contractor has undertaken to perform on the project, regardless of whether
that person contracted directly with the contractor and regardless of
whether that person has employees. This Includes, without limitation,
Independent contractors, subcontractors, leasing companies, motor
carriers, owner -operators, employees of any such entity, or employees of
any entity which furnishes persons to provide services on the project
"Services" include, without limitation, providing, hauling, or delivering
equipment or materials, or providing labor, transportation, or other service
related to a project. "Services" does not include activities unrelated to the
project, such as food/beverage vendors, office supply deliveries, and
delivery of portable toilets.
B. The contractor shall provide coverage, based on proper reporting of
classification codes and payroll amounts and filing of any overage
agreements, which meets the statutory requirements of Texas Labor Code,
Section 401 011(44) for all employees of the contractor providing services
on the project, for the duration of the project
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REVISED 101/2194 Cl - 6
Insurance Requirements
Page 7
C. The Contractor must provide a certificate of coverage to the governmental
entity prior to being awarded the contract.
D. If the coverage period shown on the contractor's current certificate of
coverage ends during the duration of the project, the contractor must, prior
to the and of the coverage period, file a new certificate of coverage with
the governmental entity showing that coverage has been extended.
E. The contractor shall obtain from each person providing services on a
project, and provide to the governmental entity:
(1) a certificate of coverage, prior to that person beginning work on the
project, so the governmental entity will have on file certificates of
coverage showing coverage for all persons providing services on the
project; and
(2) no later than seven days after receipt by the contractor, a new
certificate of coverage showing extension of coverage, If the coverage
period shown on the current certificate of coverage ends during the
duration of the project.
F. The contractor shall retain all required certificates of coverage for the
duration of the project and for one year thereafter
G. The contractor shall notify the governmental entity In writing by certified
mail or personal delivery, within 10 days after the contractor knew or
should have known, of any change that materially affects the provision of
coverage of any person providing services on the project.
H. The contractor shall post on each project site a notice, in the text, form and
manner prescribed by the Texas Workers' Compensation Commission,
Informing all persons providing services on the project that they are
required to be covered, and stating how a person may verify coverage and
report lack of coverage.
AAA00350
REVISED 10/12/04 CI - 7
Insurance Requirements
Page S
I. The contractor shell contractually require each person with whom it
contracts to provide services on a project, to:
(1) provide coverage, based on proper reporting of classification codes
and payroll amounts and filing of any coverage agreements, which
meets the statutory requirements of Texas Labor Code, Section
401.011(44) Wall of its employees providing services on the project,
for the duration of the project;
(2) provide to the contractor, prior to that person beginning work on the
project, a certificate of coverage showing that coverage is being
provided for all employees of the person providing services on the
project, for the duration of the project;
(3) provide the contractor, prior to the end of the coverage period, anew
certificate of coverage showing extension of coverage, If the coverage
period shown on the current certificate of coverage ends during the
duration of the project;
(4) obtain from each other person with whom it contracts, and provide to
the contractor:
(a) a certificate of coverage, prior to the other person beginning
work on the project; and
(b) a new certificate of coverage showing extension of coverage,
prior to the and of the coverage period, if the coverage period
shown on the current certificate of coverage ends during the
duration of the project;
(5) retain all required certificates of coverage on file for the duration of
the project and for one year thereafter;
(6) notify the governmental entity in writing by certified mail or personal
delivery, within 10 days after the person knew or should have known,
of any change that materially affects the provision of coverage of any
person providing services on the project; and
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REVISED 10/12/04 CI - a
Insurance Requirements
Page 9
(7) contractually require each person with whom it contracts, to perform
as required by paragraphs (1) - (7), with the certificates of coverage
to be provided to the person for whom they are providing services.
J. By signing this contract or providing or causing to be provided a certificate
of coverage, the contractor is representing to the governmental entity that
all employees of the contractor who will provide services an the project will
be covered by workers' compensation coverage for the duration of the
project, that the coverage will be based on proper reporting of classification
codes and payroll amounts, and that all coverage agreements will be filed
with the appropriate Insurance carrier or, in the case of a self -insured, with
the commission's Division of Self -Insurance Regulation. Providing false or
misleading information may subject the contractor to administrative
penalties, criminal penalties, civil penalties, or other civil actions.
K. The contractor's failure to comply with any of these provisions is a breach
of contract by the contractor which entitles the governmental entity to
declare the contract void if the contractor does not remedy the breach
within ten days after receipt of notice of breach from the governmental
entity.
AAA00350 Cl - 9
REVISED 10112194
BID NUMBER 2195 BID PROPOSALS
CkrofDatetotx,Tem M-STemSL
Pumbuftpaparbom nimtao.Tem 76M
ITEM DESaWn0N
1 Total costs for Fuel Farm Facility (mcludmg purchase pnce. dehvery.
Butallationand testing)
Nodew A pre -bid meeting will be held at 10 00 a m Fnday.
April24, 199g, at the Mumcipal Airport, 5000 Airport Road,
Demon, 7X 76207 for the purpose of mvtewmg the site locations and
clanfymgthe bid spwficanons,tetms and eondmons
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- 7_
PAGE 2 OF
QUAN. I PRICE � AJt0t1T
We quoin the above f o b delivered to Dorton Texae Shipment can be made in days from receipt of order Terms net/30 unless otherwise indicated
In submimng the above bid the vendor agrees that acceptance of any mall bid hems by the City of Denton Teas within a reasonabie period of time comt3mms a conmct
complete Bid Proposal roust be properly priced signed and returned
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Mailing Address
City Sun: Zip
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PERFORMANCE BOND
STATE OF TEXAS
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS: That LES GRAY AND CO. INC.,
whose address is 1800 COMMERCE ST., GARLAND, TX 75040.6712, hereinafter called
Principal, and M�-idfin' a corporation organized and
existing under tre laws of the State of Ok]alxma, 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 trader the laws of the State of Texas, hereinafter called
Owner, in the penal sum of ONE HUNDRED F1 iTY TWO THOUSAND TWO HUNDRED
FORTY FOUR and no/100 DOLLARS ($152,244.00) plus ten percent of the stated penal
sum as an additional stem of money representing additional court expenses, attorneys' fees, and
liquidated damages arising out of or connected with the below identified Contract, in lawful
money of the United States, to be paid in Denton County, Texas, for the payment of which
sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators,
successors, and assigns, jointly and severally, firmly by these presents This Bond shall
automatically be increased by the amount of any Change Order or Supplemental Agreement
which increases the Contract price, but is no event shall a Change Order or Supplemental
Agreement which reduces the Contract price decrease the penal stem of this Bond
THE OBLIGATION TO PAY SAME is conditioned as follows- Whereas, the
Principal entered into a certain Contract, identified by Ordinance Number 98-159. with the
City of Denton, the Owner, dated the 2 day of JUNE A.D. 1998, a copy of which is hereto
attached and made a part hereof, for BID A 2195 - FUEL FARM FOR MUNICIPAL
AIRPORT.
NOW, 'THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill
all of the undertakings, covenants, terms, conditions and agreements of said Contract in
accordance with the Plans, Specifications and Contract Documents during the original term
thereof and any extension thereof which may be granted by the Owner, with or without notice
to the Surety, and during the life of any guaranty or warranty required under this Contract, and
shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions
and agreements of any and all duly authorized modifications of said Contract that may
hereafter be made, notice of which modifications to the Surety being hereby waived; and, if the
Principal shall repair and/or replace all defects due to faulty materials and workmanship that
appear within a period of one (1) year from the date of final completion and final acceptance of
the Work by the Owner; and, if the Principal shall fully indemnify and save harmless the
Owner from all costs and damages which Owner may suffer by reason of failure to so perform
bereinand shall fully reimburse and repay Owner all outlay and expense which the Owner may
incur in making good any default or deficiency, then this obligation shall be void, otherwise, it
shall remain in full force and effect.
5M
PROVIDED FURTHER, that if any legal action be filed upon this Bond, exclusive
venue shall lie in Denton County, State of Texas.
AND PROVIDED FURTHER, that the said Surety, for value received, hereby
stipulates and agrees that no change, extension of time, alteration or addition to the terms of
the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications,
Drawings, etc , accompanying the same, shall in anywise affect its obligation on this Bond,
and it does hereby waive notice of any such change, extension of time, alteration or addition to
the terms of the Contract, or to the Work to be performed thereunder, or to the Plans,
Specifications, Drawings, etc
This Bond is given pursuant to the provisions of Chapter 2253 of the Texas
Government Code, as amended, and any other applicable statutes of the State of Texas
The undersigned and designated agent is hereby designated by the Surety herein as the
Resident Agent in Denton County to whom any requisite notices may be delivered and on
whom service of process may be had in matters arising out of such suretyship, as provided by
Article 7 19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas
IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of which
shall be deemed an original, this the 2 day of JUNE 1998.
ATTEST:
ATTEST:
ME
PRINCIPAL
I
1015651W-001� ffl'-
N
The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service
of the process is,
NAME
STREET ADDRESS:
(NOTE Date of Per Bond must be date of Contract If Resident Agent is not a
corporation, give a person Is name)
Raw
MID-CONTINENT CASUALTY COMPANY
Tulsa, Oklahoma
TA"sia AUMme bg these presents That the MID-CONTINENT CASUALTY COMPANY a corporation of the State of Oklahoma, having its
principal office to the city of Tulsa, Oklahoma, pursuant to the following By Law, which was adopted by the Stockholders of the said Company
on March 13th, 1947, to -wit
"Article IV, Section 7 -- The Executive Officers of the Company shall have power and authority to appoint, for the purposes only of
executing and attesting bonds and undertakings and other writings obligatory in the nature thereof one more Resident Vice President, Resident
Assistant Secretaries and Attomeys-in Fact and at any time to remove any such Rendent ice ece be Directors Resident Assistant he Company^Secretary or
Attorney in -Fact and revoke the power and authority given him None of such appointees
The Company does hereby constitute and appoint M. A. Monroe
Barbara Eden, Rhonda Hoopingarner,
and Fred Monroe, individually of Arlington, Texas
its true and lawful attorney(s) in fact, to execute, seal and deliver for and on its behalf as Surety, and as its act and deed,
Any and all bonds and undertakings of Suretyship
And the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said MID-CONTINENT CASUALTY
COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected
officers at its principal office in Tulsa, Oklahoma
IN WITNESS WHEREOF, THE MID-CONTINENT CASUALTY COMPANY has executed and attested these
presents this 10th day of February , 1998 A
ATTEST
ara n erson ASSISTANT SBCRETARY O aza a VICE PRESIDENT
On this 10th day of February , 19 98 before me, a Notary Publi of the State of Oklahoma in and
for the county of Tulsa, came the individual tome personally known to be the officer described in, and who ecuted the preceding instrument
and he acknowledged the execution of the same, and being byP
d that he is the therein described and authorized officer of the
MID-CONTINENT CASUALTY COMPANY aforesaid, t of i ed to the preceding instrument is the corporate of said
Company, and the said corporate seal and his signature as sucly affixed to the said instrument by the authority and direction of
the said Company, and that Article IV, Section 7, of the By-mpany, referred to in the preceding instrument, is now m force
IN T1�1jTj0VINXI)yi HEREOF, I have hereunto set my hy off)ctal seal at the City of Tulsa, th y and year first abo
wntt.01 .o- KA y �' i
My
ss
1 MRn i Assistant Secretary of MID-CONTAENT CAS�ALTY COMPANY 0 he by certify that the
mg extracts of the BY Laws and';?a Resolution of the Board of Directors of this corporation, and of a P er f Attorney issu
thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are sti I full force effect
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said
this 2ru day of Jule 19 98
Sara Anderson Assistant secretary
N7�,
=cr: S ..... •r
PAYMENT BOND
STATE OF TEXAS
COUNTY OF DENTON
KNOW ALL MEN BY THESE PRESENTS That LES GRAY AND CO. INC.,
whose address is 1800 COMMERCE ST., GARLAND,'TX law7 00 corporation hereinafter ro gnvecalled
and
Principal, and Mid-Caituimt Casualty
existinglunder the s of the State Ofadahrnn, 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
corporapon organized and existing under the laws of the State of Texas, hereinafter called
Owner, and unto all persons, firms, and corporations who may furnish materials for, or
perform labor upon, the building or improvements hereinafter referred to, in the penal sum of
ONE HUNDRED FIFTY TWO THOUSAND TWO HUNDRED FORTY FOUR and
no/100'DOLLARS ($1529244.00) in lawful money of the United States, to be paid in Denton,
County, Texas, for the payment of which sum well and truly to be made, we hereby bind
ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally,
firmly by these presents This Bond shal auto increases the increased
re actby the amount
m to to eve t
Change Order or Supplemental Agreement
shall a Change Order or Supplemental Agreement which reduces the Contract price decrease
the penal sum of this Bond.
THE OBLIGATION TO PAY SAME is conditioned as follows' Whereas, the Principal
entered into a certain Contract, identified by Ordinance Number 98-159, with the City of
Denton, the Owner, dated the 2 day of JUNE A.D. 1998, a copy of which is hereto attached
and made a part hereof, for BID # 2195 — FUEL FARM FOR 1VI' MCIPAL AIRPORT.
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties
and make
laborpand/or material n the prosayment to all persons, ecution of the Work provided , subcontractors, for in ns and
a dcContrac
ts
supplying
and any and all duly authorized modifications of said Contract that may hereafter be made,
notice of which modifications to the Surety being hereby expressly waived, then this obligation
shall be void, otherwise it shall remain in full force and effect
PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive venue
shall lie in Denton County, Texas
AND PROVIDED FURTHER, that the said Surety, for value received, hereby
stipulates and agrees that no change, extension of time, alteration or addition to the terms of
the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications,
Drawings, etc , accompanying the same, shall in anywise affect its obligation on this Bond,
and it does hereby waive notice of any such change, extension of time, alteration or addition to
the terms of the Contract, or to the Work to be performed thereunder, or to the Plans,
Specifications, Drawings, etc
PB-3
This Bond is given pursuant to the provisions of Chapter 2253 of the Texas
Govermnent Code, as amended, and any other applicable statutes of the State of Texas
The undersigned and designated agent is hereby designated by the Surety herein as the
Resident'Agent in Denton County to whom any requisite notices may be delivered and on
whom s' ervice of process may be had in matters arising out of such suretyship, as provided by
Article 7.19-1 of the insurance Code, Vernon's Annotated Civil Statutes of the State of Texas
IN WITNESS WHEREOF, this instrument is executed to 4 copies, each one of which
shall be deemed an original, this the 2 day of JUNE, 1998.
ATTEST
ATTEST
BY
PRINCIPAL
SURETY
The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service
of the process is:
NAME.
STREET ADDRESS
(NOTE• Date of Payment Bond must be date of Contract. ff Resident Agent is not a
corporation, give a person Is name )
2195-COVMCr h. BONDS
PB-4
MID-CONTINENT CASUALTY COMPANY
Tulsa, Oklahoma
,�gnsia all Ain by these preeente That the MID-CONTINENT CASUALTY COMPANY, a corporation of the State of Oklahoma, having its
principal office to the city of Tulsa, Oklahoma, pursuant to the following By Law, which was adopted by the Stockholders of the said Company
on March 13th, 1947, to -wit
"Article IV, Section 7 -- The Executive Officers of the Company shall have power and authority to appoint, for the purposes only of
executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, one more Resident Vice President, Resident
Assistant Secretaries and Attorneys -in -Fact and at any time to remove any such Resident Vice President, Resident Assistant Secretary, or
Attomey-in-Fact and revoke the power and authority given him None of such appointees need be Directors of the Company
The Company does hereby constitute and appoint
Barbara Eden, Rhonda HoopTngarner, M. A. Monroe
and Fred Monroe, individually of Arlington, Texas
its true and lawful attomey(s)-in-fact, to execute, seal and deliver for and on its behalf as Surety, and as its act and deed,
Any and all bonds and undertakings of Suretyship
And the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said MID-CONTINENT CASUALTY
COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected
officers at its principal office in Tulsa, Oklahoma
IN WITNESS WHER THE MID-CONTIHEe T CA U19
CASUALTY COMPANY 98 has executed and attested these
presents this day of FF n
ATTEST 44,v
ASSISTANTSECRETARY
VICE PRESIDEN"I
On this 10th day of February 19 98 before me, a Notary Publir%of the State of Oklahoma in and
for the County of Tulsa, came the individual tome personally known to be the officer described in, and who xeeutedthe preceding instrument
and he acknowledged the execution of the same, and being by me duly that he is the therein described and authorized officer of the
MID CONTINENT CASUALTY COMPANY aforesaid, and the seal afft ed to the preceding instrument is the corporate of said
Company, and the said corporate seal and his signature as such ficer were duly affixed to the said instrument by the authority and direction of
the said Company, in force
and that Article IV, Section 7, of the By- ws of said Company, referred to m the preceding instrument, is ---
have hereunto set my
and affixed my official seal at the C of Tulsa,
NA
I fjjj Assistant Secretary of MID-CONTINENT CASUALTY COMPANY
ing extracts of the By -Laws and of a Resolution of the Board of Directors of this corporation, and of a P�
thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are st
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said
and year first
by certify that the
/of Attorney is
full force and effect
this 2nd day of JUM . 19 —98
Vol
' ' �� Rf� r ' r ara n erson Assistant Secretary
06/15/1998 09.22 8176400131 MONROE & MONROE PAGE 01
PRODUCER
Monroe & Monroe, (UST)
2Ad Billings $10
Arlington TX'76010
*NM,S DATE (MWODIM
PqTB 1 If D AS A MA ORMATiON
ONLY AN CON FERS NO RIOHTB UPONTFIB CERTIFICATE
HOLDER, TM CERTIFICATE DOES NOT AMEND, E1cTEND OR
ALTERTHE COVERAGE AFFORDED EYTHIS POUCIE8 BELOW
COMPANIES AFPOROINGOOVBRAGE
COMPANY
A Mid -Continent CaOualty Cc
Prod Monroe
vo
IM_
COMPANY
B American Interstate inn Cc
60WANY
C
Les Gray & Cd., Inc.
Les Gray
COMPANY
0
1600 OommarOe Bti
Garland TX 73040
1A
THIS IS TO CERTIRY�TTWPPLIOIBS OF INSURANCEUSTOD 9EIAW HAVE BUN ISSUEDTOTHEINSURED NAMED ABOVE MR THE POLICY PERIOD
WCATED,NCTIIVITANY RBOUIREMENT TERM OR 0ONDITIQNUP ANY CONTRACT OR OTHER DOCUMENT WITH RESPfCTTO WHICH TEAS
CERTIFICATE MVW BMAY PERTAIN, THE INSURANC9 AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS ANPOP SUCH POLICIES LIMITS SHOWN MAY HAVE WMN RBOUCEO IN PAID CLAIMS
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12/22/99
GENERALADGREGATE
s 2000000
PROOUCTS COMPIOP AGO
s2000000
PERSONAL&ADV INJURY
11000000
EACH OCCURRENCE
01000000
FRO DAMAGE (MY omen)
$50000
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t5000
A
MIT
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OMOELS LMnIITY
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12/22/97
12/22/98
OOM&NEDSINOLE LAST
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$
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CApAOE LMSILRY
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10/30/98
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12/22/96
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CITYDEN aHPULO ANY aF TNCMPV308EO1ASGG'POLIpRId BB CANGBLIJ?G BEFORE THE
WHAT Col CATS THEREOF, THE ISSUING COMPANYWILL ENDEAVOR TO MAIL
City 1 Contop ,�,^ 9AYa vApTTSN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT
Purahafing ).Dept GUT FARAIRETO AWL SUCH NOTICE&HALL IAIPOall MO OGIJGATION OR LIABILITY
901H TAXan street 91FANY T MPANY, RE AQ MEOR REPROSENTATWES
Donten•T7C 75201 H
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