HomeMy WebLinkAbout2000-280AN ORDINANCE AMENDING ORDINANCE NO (2000-141) BY CANCELING THE AWARD
OF BID 2480 TO PATRICK BROTHERS PAINTING CONTRACTORS AND IN LIEU
THEREOF AWARD THE PUBLIC WORKS CONTRACT FOR THE PAINTING OF FUEL
TANKS AT THE MUNICIPAL POWER PLANT, BID 2547 TO A -AGAPE CONTRACTING
INC IN THE AMOUNT OF $74,369, AND PROVIDING AN EFFECTIVE DATE (BID 2547 —
PAINTING OF FUEL TANKS, GENERATOR HOUSING AND TRANSFORMERS AWARDED
TO A -AGAPE CONTRACTING INC IN THE AMOUNT OF $74,369)
WHEREAS, on April 18, 2000, per Ordinance No (2000-141) the City Council awarded a
contract to Patrick Brothers Painting Contractors for painting of fuel tanks, generator housing and
transformers in the amount of $61,284, and
WHEREAS, Patrick Brothers defaulted under such contract and was unable to provide
insurance and bonding, Patrick Brothers Painting Contractors has been notified and has accepted
termination of the contract, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the contract with Patrick Brothers Painting Contractors regarding Bid
2480 is cancelled and in lieu thereof Ordinance No (2000-141) is amended and such contract is
awarded to A -Agape Contracting Inc (Bid 2547) in the amount of $74,369, and the expenditure of
funds is hereby authorized
SECTION II That this ordinance shall become effective immediately upon its passage and
approval ,, � ,,
PASSED AND APPROVED this 0 day of j�� /.Y 4er _, 2000
& /AC't_
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
BY C
BID 2547 CHANGE IN CONTRACT STANDARD SUPPLY & SERVICE ORDINANCE 2000
TABULATION SHEET
Bid # 2547
Date 8/1 /00
PAINTING OF FUEL TANKS, GENERATOR HOUSING & TRANSFORMER
E
VENDOR
VENDORVENDOR
CERTA PRO
CERTA PRO
CERTA PRO
A -AGAPE
CONTRACTING,
` s
PAINTERS #1
PAINTERS #2
PAINTERS #3
INC
Principle Place of Business
Dallas, TX
Dallas, TX
Dallas, TX
Gladewater, TX
FUEL OIL TANK #1
14,755 00
16,137 00
16,753 00
10,052 00
FANK#2
UEL OIL T
14,755 00
16,137 00
16,753 00
2,01800
A
FUEL OIL TANK#3
51,222 00
56,035 00
57,525 00
10,052 00
FUEL OIL TANK #4
4,051 00
4,431 00
4,59500
20,013 00
D1 DIESEL GENERATOR
3,40300
3 723 00
3,86000
9,48700
HOUSING D2 DIESEL
3,40300
3,72300
3,86000
948700
B
GENERATOR HOUSING
TRANSFORMER#3
6,16000
6,52500
6,68200
1,63800
TRANSFORMER#4
20,105 00
21,298 00
21,809 00
5,61500
C
TRANSFORMER#5
20,105 00
21,298 00
21,809 00
4,98000
TRANSFORMER RES
2,88000
3,05000
3,12400
1,02700
ADDENDUM #1
Yes
Yes
Yes
Yes
$ 140,839 00
$ 152,357 00
$ 156,770 00
$ 74,369 00
CONTRACT AGREEMENT
STATE OF TEXAS
COUNTY OF DENTON
THIS AGREEMENT, made and entered into this 5 day of September
A D , 2000, by and between City of nentnn
of the County of Dentnn and State of Texas, acting through Michael W Iez
thereunto duly authorized so to do, hereinafter termed "OWNER," and
A-Agap,-.Cnntrsir.tmg Inv,
C,h9dewatCL, TX 75647 -
of the City of Celina, County of Gregg and State of Texas, hereinafter termed
"CONTRACTOR"
WITNESSETH That for and in consideration of the payments and agreements
hereinafter mentioned, to be made and performed by OWNER, and under the conditions
expressed in the bonds attached hereto, CONTRACTOR hereby agrees with OWNER to
commence and complete performance of the work specified below
Rid 1547 Painting of Friel Tankc Generator 14nnamg and Tramfnrmers
in the amount of 74 469 and all extra work in connection therewith, under the terms as
stated in the General Conditions of the agreement, and at his (or their) own proper cost and
expense to furmsh all materials, supplies, machinery, equipment, tools, superintendence,
labor, insurance, and other accessories and services necessary to complete the work specified
above, in accordance with the conditions and prices stated in the Proposal and the Performance
and Payment Bonds, attached hereto, and in accordance with all the General Conditions of the
Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), and
Instructions to Bidders, as referenced herein and on file in the office Purchasing Agent,
and in accordance with the plans, which includes all maps, pla. ieprmts, and other
drawings and printed or written explanatory matter thereof,
CA-1
and the Specifications therefore, as prepared by
all of which are referenced herein and made a part hereof and collectively evidence and
constitute the entire contract
Independent Status
It is mutually understood and agreed by and between City and Contractor that
Contractor is an independent contractor and shall not be deemed to be or considered an
employee of the City of Denton, Texas, for the purposes of income tax, withholding, social
security taxes, vacation or sick leave benefits, worker's compensation, or any other City
employee benefit City shall not have supervision and control of Contractor or any employee
of Contractor, and it is expressly understood that Contractor shall perform the services
hereunder according to the attached specifications at the general direction of the City Manager
of the City of Denton, Texas, or his designee under this agreement
Indemnification
Contractor shall and does hereby agree to indemnify and hold harmless the City of
Denton from any and all damages, loss, or liability of any kind whatsoever, by reason of injury
to property or third persons occasioned by any error, omission or negligent act of Contractor,
its officers, agents, employees, invitees, and other persons for whom it is legally liable, with
regard to the performance of this Agreement, and Contractor will, at its cost and expense,
defend and protect the City of Denton against any and all such clamis 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
TEST
OW
41"tE BY
APPROVED AS TO
(SEAL)
CO TRACTOR
/-_// & A, ram,
( hCl2 4J.A j-e-X rtX
MAILING ADDRESS
PHONE NUMBER
FAX NUMBER
BY 0 ct�) �` e
TITLE
CA-3
p� (� /AJfie/QS
PRINTED NAME
(SEAL)
PERFORMANCE BOND
STATE OF TEXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS That A-Agai e C'nntranting Inc -
whose address is 605 Daniel St , Cladewater, TX 75647, hereinafter called Principal, and
a corporation organized and
existing under the laws of the State of , 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 Seventy Four Thousand Three Hundred Sixty Nme and
nal100 DOLLARS ($74,369) 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 7000-180 , with
the City of Denton, the Owner, dated the 5 day of September A D 10nn, a copy of
which is hereto attached and made a part hereof, for Rid 7547 Painting of Fiiel Tanks
Generator Hnnetng and Transformers
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill
all of the undertakings, covenants, terms, conditions and agreements of said Contract in
accordance with the Plans, Specifications and Contract Documents during the original term
thereof and any extension thereof which may be granted by the Owner, with or without notice
to the Surety, and during the life of any guaranty or warranty required under this Contract, and
shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions
and agreements of any and all duly authorized modifications of said Contract that may
hereafter be made, notice of which modifications to the Surety being hereby waived, and, if the
Principal shall repair and/or replace all defects due to faulty materials and workmanship that
appear within a period of one (1) year from the date of final completion and final acceptance of
the Work by the Owner, and, if the Principal shall fully indemnify and save harmless the
Owner ,from all costs and damages which Owner may suffer by reason of failure to so perform
herein and shall fully reimburse and repay Owner all outlay and expense which the Owner may
incur in making good any default or deficiency, then this obligation shall be void, otherwise, it
shall remain in full force and effect
PB - 1
PROVIDED FURTHER, that if any legal action be filed upon this Bond, exclusive
venue shall lie in Denton County, State of Texas
AND PROVIDED FURTHER, that the said Surety, for value received, hereby
stipulates and agrees that no change, extension of time, alteration or addition to the terms of
the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications,
Drawings, etc , accompanying the same, shall in anywise affect its obligation on this Bond,
and it does hereby waive notice of any such change, extension of time, alteration or addition to
the terms of the Contract, or to the Work to be performed thereunder, or to the Plans,
Specifications, Drawings, etc
This Bond is given pursuant to the provisions of Chapter 2253 of the Texas
Government Code, as amended, and any other applicable statutes of the State of Texas
The undersigned and designated agent is hereby designated by the Surety herein as the
Resident Agent in Denton County to whom any requisite notices may be delivered and on
whom service of process may be had in matters arismg 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 copies, each one of which
shall be deemed an original, this the _day of Septemher , 2nnn
ATTEST PRINCIPAL
BY
SECRETARY
ATTEST
BY
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
FAME
STREET ADDRESS
(NOTE Date of Performance Bond must be date of Contract If Resident Agent is not a
corporation, give a person's name )
PB-2
PAYMENT BOND
STATE OF TEXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS That A -Agape Contracting Tnc
whose address is 6t15 Daniel St,. Ctadewater, TX 75647, hereinafter called Principal, and
a corporation organized and
existing under the laws of the State of 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 unprovements hereinafter referred to, in the penal sum of
Seventy nur Thnnaand Three Hundred Sixty. Nine and nnitnn DOLLARS ($74,369) 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 2nnn-280 , with
the City of Denton, the Owner, dated the —5— day of September A D _ 2000_, a copy
of which is hereto attached and made a part hereof, for Rid ?547 Parntma of Fnel Tankc
Ceneratnr Nrnicmg and Tranaformem
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 FURTHEI the said Surety, for value received, hereby
stipulates and agrees that no change, exte. .on of time, alteration or addition to the terms of
the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications,
Drawings, etc , accompanying the same, shall in anywise affect its obligation on this Bond,
and it does hereby waive notice of any such change, extension of time, alteration or addition to
the terms of the Contract, or to the Work to be performed thereunder, or to the Plans,
Specifications, Drawings, etc
PB-3
This Bond is given pursuant to the provisions of Chapter 2253 of the Texas
Government Code, as amended, and any other applicable statutes of the State of Texas
The undersigned and designated agent is hereby designated by the Surety herein as the
Resident Agent in Denton County to whom any requisite notices may be delivered and on
whom service of process may be had in matters arising out of such suretyship, as provided by
Article 7 19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas
IN WITNESS WHEREOF, this instrument is executed in 4_ copies, each one of
which shall be deemed an original, this the 5 day of geptPmhPr , 20nn
ATTEST
BY
SECRETARY
ATTEST
BY
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 Payment Bond must be date of Contract If Resident Agent is not a
corporation, give a person's name )
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 carvers 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 limning any of the other obligations or liabilities of the Contractor, the Contractor
shall provide and maintain until the contracted work has been completed and accepted by the
City of Denton, Owner, the minimum insurance coverage as indicated hereinafter
As soon as practicable after notification of bid award, Contractor shall file with the
Purchasing Department satisfactory certificates of insurance, containing the bid number and
title of the project Contractor may, upon written request to the Purchasing Department, ask
for clarification of any insurance requirements at any time, however, Contractors are strongly
advised to make such requests prior to bid opening, since the insurance requirements may not
be modified or waived after bid opening unless a written exception has been submitted with the
bid Contractor shall not commence any work or deliver any material until he or she
receives notification that the contract has been accepted, approved, and signed by the City of
Denton
All insurance policies proposed or obtained in satisfaction of these requirements shall comply
with the following general specifications, and shall be maintained in compliance with these
general specifications throughout the duration of the Contract, or longer, if so noted
Each policy shall be issued by a company authorized to do business in the State of
Texas with an A M Best Company rating of at least A
Any deductibles or self -insured retentions shall be declared in the bid proposal If
requested by the City, the insurer shall reduce or eliminate such deductibles or
self -insured retentions with respect to the City, its
officials, agents, employees and volunteers, or, the contractor shall procure a bond
guaranteeing payment of losses and related investigations, claim administration and
defense expenses
Liability policies shall be endorsed to provide the following
•• Name as additional insured the City of Denton, its Officials, Agents,
Employees and volunteers
•• That such insurance is primary to any other insurance available to the
additional insured with respect to claims covered under the policy and that
this insurance applies separately to each insured against whom claim is made
or suit is brought The inclusion of more than one insured shall not operate
to increase the insurer's limit of liability
• All policies shall be endorsed to read
"SAID POLICY SHALL NOT BE CANCELLED, NONRENEWED OR
MATERIALLY CHANGE WITHOUT 30 DAYS ADVANCED WRITTEN
NOTICE BEING GIVEN TO THE OWNER (CITY) EXCEPT WHEN THE
POLICY IS BEING CANCELLED FOR NONPAYMENT OF PREMIUM IN
WHICH CASE IO DAYS ADVANCE WRITTEN NOTICE IS REQUIRED"
• Should any of the required insurance be provided under a claims -made form,
Contractor shall maintain such coverage continuously throughout the term of this
contract and, without lapse, for a period of three years beyond the contract
expiration, such that occurrences arising during the contract term which give rise
to claims made after expiration of the contract shall be covered
• Should any of the required insurance be provided under a form of coverage that
includes a general annual aggregate limit providing for claims investigation or legal
defense costs to be included in the general annual aggregate hunt, the Contractor
shall either double the occurrence limits or obtain Owners and Contractors
Protective Liability Insurance
• Should any required insurance lapse during the contract term, requests for
payments originating after such lapse shall not be processed until the City receives
satisfactory evidence of reinstated coverage as required by this contract, effective
as of the lapse date If insurance is not reinstated, City may, at its sole option,
terminate this agreement effective on the date of the lapse
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS
All insurance policies proposed or obtained in satisfaction of this Contract shall additionally
comply with the following marked specifications, and shall be maintained in compliance with
these additional specifications throughout the duration of the Contract, or longer, if so noted
[XI A General Liability Insurance:
General Liability insurance with combined single limits of not less than $5DII (1)
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
1XI Automobile Liability Insurance
Contractor shall provide Commercial Automobile Liability insurance with Combined
Single Limits (CSL) of not less than $300,000 either in a single policy or in a
combination of basic and umbrella or excess policies The policy will include bodily
injury and property damage liability arising out of the operation, maintenance and use
of all automobiles and mobile equipment used in conjunction with this contract
Satisfaction of the above requirement shall be in the form of a policy endorsement for
• any auto, or
• all owned, hired and non -owned autos
[X] Workers Compensation Insurance
Contractor shall purchase and maintain Worker's Compensation insurance which, in addition to
i{ieetmg the minimum statutory requirements for issuance of such insurance, has Employer's
Liability limits of at least $100,000 for each accident, $100,000 per each employee, and a
$500,000 policy limit for occupational disease The City need not be named as an "Additional
Insured" but the insurer shall agree to waive all rights of subrogation against the City, its
officials, agents, employees and volunteers for any work performed for the City by the Named
Insured For building or construction projects, the Contractor shall comply with the provisions
of Attachment 1 in accordance with §406 096 of the Texas Labor Code and rule 28TAC
110 110 of the Texas Worker's Compensation Commission (TWCC)
[ ] Owner's and Contractor's Protective Liability Insurance
The Contractor shall obtain, pay for and maintain at all times during the prosecution of the
work under this contract, an Owner's and Contractor's Protective Liability insurance policy
naming the City as insured for property damage and bodily injury which may arise in the
prosecution of the work or Contractor's operations under this contract Coverage shall be on an
"occurrence" basis, and the policy shall be issued by the same insurance company that carries
the Contractor's liability insurance Policy limits will be at least combined bodily injury
and property damage per occurrence with a aggregate
[ ] Fire Damage Legal Liability Insurance
Coverage is required if Broad form General Liability is not provided or is unavailable to the
contractor or if a contractor leases or rents a portion of a City building Limits of not less than
each occurrence are required
[ ] Professional Liability Insurance
Professional liability insurance with limits not less than per claim with respect to
negligent acts, errors or omissions in connection with professional services is required under
this Agreement
[ ] Builders' Risk Insurance
Builders' Risk Insurance, on an All -Risk form for 100% of the completed value shall be
provided Such policy shall include as "Named Insured" the City of Denton and all
subcontractors as their interests may appear
[ ] Additional Insurance
Other insurance may be required on an individual basis for extra hazardous contracts and
specific service agreements If such additional insurance is required for a specific contract,
that requirement will be described in the "Specific Conditions" of the contract specifications
ATTACHMENT 1
[XI Worker's Compensation Coverage for Building or Construction Projects for
Governmental Entities
A Definitions
Certificate of coverage ("certificate ")-A copy of a certificate of insurance, a
certificate of authority to self-msure issued by the commission, or a coverage
agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory
workers' compensation insurance coverage for the person's or entity's employees
providing services on a project, for the duration of the project
Duration of the project - includes the time from the beginning of the work on the
project until the contractor's/person's work on the project has been completed and
accepted by the governmental entity
Persons providing services on the project ("subcontractor" in §406 096) - includes
all persons or entities performing all or part of the services the contractor has
undertaken to perform on the project, regardless of whether that person contracted
directly with the contractor and regardless of whether that person has employees
This includes, without limitation, independent contractors, subcontractors, leasing
companies, motor carriers, owner -operators, employees of any such entity, or
employees of any entity which furnishes persons to provide services on the project
"Services" include, without limitation, providing, hauling, or delivering
equipment or materials, or providing labor, transportation, or other service related
to a project "Services" does not include activities unrelated to the project, such as
food/beverage vendors, office supply deliveries, and delivery of portable toilets
B The contractor shall provide coverage, based on proper reporting of classification
codes and payroll amounts and filing of any overage agreements, which meets the
statutory requirements of Texas Labor Code, Section 401011(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 overage to the governmental entity
prior to being awarded the contract
D If the coverage period shown on the contractor's current certificate of coverage
ends during the duration of the project, the contractor must, prior to the end of the
coverage period, file a new certificate of coverage with the governmental entity
showing that coverage has been extended
E The contractor shall obtain from each person providing services on a project, and
provide to the governmental entity
(1) a certificate of coverage, prior to that person beginning work on the project,
so the governmental entity will have on file certificates of coverage showing
coverage for all persons providing services on the project, and
(2) no later than seven days after receipt by the contractor, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of the project
F The contractor shall retain all required certificates of coverage for the duration of
the project and for one year thereafter
G The contractor shall notify the governmental entity in writing by certified mail or
personal delivery, within 10 days after the contractor knew or should have known,
of any change that materially affects the provision of coverage of any person
providing services on the project
H The contractor shall post on each project site a notice, in the text, form and manner
prescribed by the Texas Workers' Compensation Commission, informing all
persons providing services on the project that they are required to be covered, and
stating how a person may verify coverage and report lack of coverage
I The contractor shall contractually require each person with whom it contracts to
provide services on a project, to
(1) provide coverage, based on proper reporting of classification codes and
payroll amounts and filing of any coverage agreements, which meets the
statutory requirements of Texas Labor Code, Section 401 011(44) for all of
its employees providing services on the project, for the duration of the
project,
(2) provide to the contractor, prior to that person beginning work on the project,
a certificate of coverage showing that coverage is being provided for all
employees of the person providing services on the project, for the duration of
the project,
(3) provide the contractor, prior to the end of the coverage period, a
certificate of coverage showing extension of coverage, if the coverage perio"
shown on the current certificate of coverage ends during the duration of the
project,
(4) obtain from each other person with whom it contracts, and provide to the
contractor
(a) a certificate of coverage, prior to the other person beginning work on
the project, and
(b) a new certificate of coverage showing extension of coverage, prior to
the end of the coverage period, if the coverage period shown on the
current certificate of coverage ends during the duration of the project,
(5) retain all required certificates of coverage on file for the duration of the
project and for one year thereafter,
(6) notify the governmental entity in writing by certified mail or personal
delivery, within 10 days after the person knew or should have known, of any
change that materially affects the provision of coverage of any person
providing services on the project, and
(7) contractually require each person with whom it contracts, to perform as
required by paragraphs (1) - (7), with the certificates of coverage to be
provided to the person for whom they are providing services
J By signing this contract or providing or causing to be provided a certificate of
coverage, the contractor is representing to the governmental entity that all
employees of the contractor who will provide services on the project will be
covered by workers' compensation coverage for the duration of the project, that the
coverage will be based on proper reporting of classification codes and payroll
amounts, and that all coverage agreements will be filed with the appropriate
insurance carrier or, in the case of a self -insured, with the commission's Division
of Self -Insurance Regulation Providing false or misleading information may
subject the contractor to administrative penalties, criminal penalties, civil penalties,
or other civil actions
K The contractor's failure to comply with any of these provisions is a breach of
contract by the contractor which entitles the governmental entity to declare the
contract void if the contractor does not remedy the breach within ten days after
receipt of notice of breach from the governmental entity
Bid 2547 — Insurance
BID NUMBER U47 BID PROPOSAL'S Page 2 of s
C1tY of Denim, Tmw W-11 Taws Street
PurAwtin` Deparuawt DeNm, Tons Mail
1T6M
DESCRIl3711NN
QUAN
PRICH
AMOUNT
Please quote for Preparation and painting of
A
t Fuol Od Tank Ml
I
2 Fuel Oil Tank #2
S Zo1 g
3 Fuel Oil Tank k3
1
bs
S
$10—C62,
4 Fuel Olt Tank, k4
l
S —3
B
1 DI Diesel Generator Housing
1
S j
S—W21
2 D2 Diesel Generator Housing
t
C
1 Transformer N3
1
$L
$ /98�
ARM-
2 Transformer N4
1
$
$ter
3 Transformer Ira
1
$ < j
$ �98y
4 Transformer Res
1
$i zlU
$.
Tanks and Houe6tgs to be painted wMU.
Transformer to be light
We 4uoa the shove r o.h ddWered io Daolon, Toaw. Saprevis m M muds In'T— drys from reeelpt of onlnr 'I'etmi awW wi m otherwise tadwaal
In mhmhhng the above hid, the vnmter Wws eat neeepWae of era' or oil bid haw by the City of Dimmn Tc.m within n isaaanble perad of titm wmbOha a coonscl
Tw meiplets Bid Proposal mint be properly priml, signed, and renntmd
Medial{ Address
64ADGr.0TB/P- 796y Z
City State Zip
' O3 AL-b% 9 9o'� -Ssiy-�3/33
Telephone Fax NBmbgr
��� er/Coin aoy
Signature
Print/Type Name
Title
b
ACORD�
DATE (MMIDDMI)
'' 10/17/2000
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
PRODUCER
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
Bent Tree Insurance Agency, Inc
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW
COMPANIES AFFORDING COVERAGE
2625 N Josey Lane #300
COMPANY
Carrollton, Texas 75007
972 466 0084
A American Safety Casualty Ins Co
INSURED COMPANY
A -Agape Contracting, Inc B Le ion Insurance Company
COMPANY
605 Daniel Street
Gladewater, TX 75647 COMPANY
903-845-6119 D
POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
THIS IS 70 CERTIFY THAT THE
INDICATED NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE 183UE0 OR MAV PERTAIN THE INSURANCE AFFORDED BV THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS
E3ECLUSION9 AND CONDITIONS OF 9UCH POLICIES LIMITS SHOWN MAV HAVE BEEN REDUCED BV PAID CLAIMS
LTR
TYPE OFINBURANGE
POLICY NUMBER
POLICY EFFECTVE
DATB IMMIODA'Y)
POLICY I:XPIMTX]N
MTE IMMAIDIYY)
UNITS
GENERAL AGGREGATE
S 1,000, 000
GENERAL LIABILITY
PRODUCTS COMP/OPAGO
E 1 000 000
X COMMERCIALGENE RALLPBIUTV
PERSONAL &ADV INJURY
S 1 000 000
A
CLAIMS MADE ❑X OCCUR
OWNER S& CONTRACTOR 8 PROT
COL00-1321-002
10-08-00
10-08-01
EACH OCCURRENCE
& 1 000 000
FIRE DAMAGE (A "Ilf-)
$ 50 000
x Pollution
MED EXP(AI "Pm XI
$ 5 000
AUTOMOBILE
LIABILITY
COMBINED SINGLE LIMIT
$ 1,000,000
ANY AUTO
SODILYINJURV
((Per person)
&
C
ALL OWNED AUTOS
STC541135
10/17/00
10/17/01
SCHEDULED AUTOS
HIRED AUTOS
BODILY INJURY
(Per amwe11)
$
NONIJWNEDAUTOS
-- -
HA1 insu rE.d
PROPERTY DAMAGE
S
GARAGE LIABILITY
AUTOONLY EAACCIDENT
&
+('a�uYv t
ANY AUTOLY
OTHER THAN AUTO ON
y
EACH ACCIDENT
S
AGGREGATE
IS
---
EXCESS LIABILITY
EACH OCCURRENCE
$
AGGREGATE
S
UMBRELLA FORM
OER
S
OTHER THAN UMBRE LA FORM
WORKERS COMPENSATION AND
x TORY LIMITS
0 0 0 0
EMPLOYERS UIBILITY
EL EACH ACCIDENT
Is 1 0 U
B
THE PROPRIETOR/ X INCL
WC7-1196285
10-08-00
10-08-01
ELDISEASE POUCYUMR
$ l 000 UUU
ELDISEASE EAEMPLOYEE
$ 1,000,000
PAR TNERS/E%ECUTVE
OFFICERS ARE EXCL
OTHER 11said policy Ball
not be cancelled,
onrenewed
or materia
ly change without 30 days
advanced written notice
being given to the
owner (ci
y) except
hen the policy is being
cancelled for nonpayment
of premium in whi
h case 10
days advan
a written notice is
n
OESCI OF OPERArDIIS AMTIONBAFNBCIESMIECIAL ITEMS
The cert holder,officials,employees & volunteers are added as addl insured to
GL policy with a waiver of subrogation & 30 day notice of cancellation to Work
Co m & GL olicies.Covera a subject to terms conditions & excl of
III:f TI1
WMEWMA
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCEUFD BEFORE THE
City of Denton EXPIRATION DATE THEREOF THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
Purchasing Dept __aQ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED O THE LEFT
901-B Texas Street BUT FAILURE TO MAIL SUCH NOTICE S IMPOSE NO OBLIGATION OR UABILRY
Denton, TX 76201 OF ANY WHO UPON THE COMPANY ITS AGENTS OR REPRESENTATIVES.
attn Jody Hayes AUTHORIZEDREPRF.BB ATVE
#001 rev
One Original and Three Original Duplicates
PERFORMANCE BOND
Bond UASB-42-04-0035
STATE, OF TEXAS
COUNTY OF DENTON
KNOW ALL MEN BY THESE PRESENTS That a -Agape rnnlracting ►ne
whose address is AM flamer St. Madawater TX 74fd7, hereinafter called Principal, and
Amarinan Rafwty ('.aa Tnn„rn nna f:mm�ana corporation organized and
existing under the laws of the State of Delaware , and fully authorized to transact
business} in the State of Texas, as Surety, are hold and firmly bound unto the City of Denton, a
munici al corporation organized and existing under the laws of the State of Texas, hereinafter
called pwner, in the penal sum of Sevenry Four Thnncand Threw Hundred Sixty None and
n&100-DOLLARS ($74,369) 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 1AM790 , with
the City, of Denton, the Owner, dated the --5_ day of SeXemher A D _I , a copy of
which is hereto attached and made a part hereof, for Rid 74d7 - Painting of Rnel Tantra,
rumortuag Nnun,ne and Tranefarm"t
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 Hilly indemmfy 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 inunaking good any default or deficiency, then this obligation shall be void, otherwise, it
shall remam in full force and effect
PB-1
PROVIDED FURTHER, that if any legal action be filed upon this Bond, exclusive
venue shall he in Denton County, State of Texas
AND PROVIDED FURTHER, that the 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 aaine, shall in anywise affect its obligation on this Bond,
and it does hereby waive notice of any such change, cxtcnsion 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 Acopies, each one of which
shall be deemed an original, this the __S_-day of SepiM+ha• , .2=
ATTEST PRINCIPAL
BY
S£ERffARW , t BY iw %S
OfEkDENT
ATTEST SURETY
American Safety Casualty Insurance Company
BY BY
Sam J Lamoreaux ATTO -FACT
The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service
of the process is
NAME Sam J. Lamoreaux/Bent Tree Insurance Agency, Inc
STREET ADDRESS 2625 N. Josey Lane, Suite 300, Carrollton, Texas 75007
(NOTE Date of Performance Bond mast be date of Contract If Resident Agent is not a
corporation, give a parson Is name)
PB-2
One Original and Three Original Duplicates
Bond IIASB-42-04-0035 PAYMENT BOND
STATE OF TEXAS
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS That A -Agape rnntraettng Inc
whose address is Ails T'lanioi Qt .f ladowmar TX 7il.47, hereinafter called Principal, and
American Safety Casualty Insurance Company , a corporation organized and
existing under the laws of the State of Delaware , 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
SPYOnty Four Thnncand Thrim hundred Sixty Nino and noll0n DOLLARS ($74,369) in
lawful [Honey of the United States, to be paid in Denton, County, Texas, for the payment of
which Qum 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 whn h 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 _21)(IDZ80_, with
the City of Denton, the Owner, dated the _ I day of September AD _2000 a copy
of which is hereto attached and made a part hereof, for Rid 2i47 Painting of Fuel Tanitt
rnrratnr Nnuting anti'frangfurmnra
NOW, THEREFORE, if the Principal shall well, truly and fatthf illy perform to 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 Contrau 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 Plana,
Specifications, Drawings, etc
PB-3
This Bond is given pursuant to the provisions of Chapter 2253 of the Texas
Government Code, as amended, and any other applicable statutes of the State of Texas
The undersigned and designated agent is hereby designated by the Surety herein as the
Resident Agent in Denton County to whom any requisite notices may be delivered and on
whom service of process may be had in matters arising out of such suretyship, as provided by
Article 7 19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas
IN WITNESS WHEREOF, this instrument is executed in A copies, each one of
which shall be deemed an original, this the S day of Rcptrmmr , _f_
ATTEST
`
ATTEST
PRINCIPAL
BY —
P SIDENT
SURETY
American Safety Casualty Insurance Company
BYG
BY
ATTOR11 -IN-'ACT
Sam J Lamoreaux
The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service
of the process as
NAME Sam J Lamoreaux/Bent Tree Insurance Agency, Inc
STREET ADDRESS 1615 N. Josey Lane, Suite 300, Carrollton, Texas 75007
(NOTE Date of Payment Bond must be date of Contract !f Resident Agent is not a
corporation, give a person's name)
PB-4
ACKNOWLEDGEMENT OF SURETY
STATE OF TEXAS
COUNTY OF DALLAS
On this 17ch day of ° ""' ,2000, before me personally appeared
Sam J. Lamoreaux awn to me to be(or proven to me on the basis of
satisfactory evidence) the Attorney in Fact of AMERICAN SAFETY
CASUALTY INSURANCE COMPANY and acknowledged to me that he/she
executed the within instrument
In witness whereof, I hereto set my hand and official seal to this certificate on the
day and, year first written above
a OA
Notary Public
June 21, 2004
Commission Expiration Date
ItCELIA A APPLE
Notary Pu6110 Stato of Texas
AM Commfaslon 8xpiras
Juno 21, 2004
ACKNOWLEDGEMENT OF SURETY
STATE OF TEXAS
COUNTY OF DALLAS
On this 17th day of October ,2000, before me personally appeared
Ron Winters TiTptn to me to be(or proven to me on the basis of
satisfactory evidence) the Attorney in Fact of AMERICAN SAFETY
CASUALTY INSURANCE COMPANY and acknowledged to me that he/she
executed the within instrument
In witness whereof, I hereto set my hand and official seal to this certificate on the
day and year first written above
C a "
Notary Public
June 21, 2004
Commission Expiration Date
t CELIAPPLE
Notary Public, state of Texas
My Commission E%PIM3
t June 21, 2004
SAPETYAN
Ads
ApETY
Casualty Insurance Company
POWER OF ATTORNEY
NUMBER
ASB- 42-04- 0 0 3 5
KNOW ALL MEN BY THESE PRESENTS that American Safety Casualty Insurance Company him made constituted and appointed and by these presents does make
constitute and appoints
SAM J LAMOREAUX, DIANA J TAYLOR
OF CARROLLTON TEXAS
its true and lawful attorney in fact for it and its name plum and stead to execute on behalf of the said Company as surety bonds undertaking and contracts of suretyship
to be given to
ALL OBLIGEES
provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of
***ONE MILLION***($1,000,000) DOLLARS***
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company
on the Twenty Ninth day of January 1999
RESOLVED that the President in conjunction with the Secretary or any Assistant Secretary may appoint attorneys in fact or agents with authority as defined or limited in the
instrument evidencing the appointment in each case for and on behalf of the Company to execute and deliver and affix the seal of the Company to bonds undertakings
recognizances and suretyship obligations of all kinds and said officers may remove any such attorney in fact or agent and revoke any power of attorney previously granted to
such persons
RESOLVED FURTHER that any bond undertaking recognizance or suretyship obligation shall be valid and binding upon the Company
(i) when signed by the President or any Vim President and attested and sealed (if a seal be required) by any Secretary or Assistant Secetary, or (it) when signed by the President
or any Vice President or Secretary or Assistant Secretary and countersigned and sealed (if a seal be required) by a duly authorized attorney in fact or agent or (in) when duly
executed and sealed (if a seal be required) by one or more attorney in fact or agents pursuant to and within the limits of the authority evidenced by the power of attorney issued
by the Company to such person or persons
RESOLVED FURTHER that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to my power of attorney or certification thereof
authorizing the execution and delivery of any bond undertaking recognizance or other suretyship obligations of the Company and such signature and seal when so used shall
have the same force and affects as though manually affixed
IN WITNESS WHEREOF American Safety Casualty Insurance Company has caused its official seal to e
*Ll.yd
ube hrenffi
to axed and these presents to be signed by its President and
attested by its Secretary this Twenty Ninth day of January 1999�Y��Attest L�1ArrFredJ Pinckney Secretary J � A Fox President
STATE OF GEORGIA lj �7i�/'afa
COUNTY OF COBB
On this Twenty Ninth day of January 1999 before me personally came Lloyd A Fox to me known who being by me duly swom did depose and say that he is the President of
American Safety Casualty Insurance Company the corporation described in and which executed the above instrument that he knows the seal of the said corporation that the seal
affixed to the said instrument is such corporate seal that it was so affixed by order of the Board of Directors of said corporation and that he signed his time thereto by like order
o � f
aarsex Dorothy / Giglio Notary Public
Oy .rye¢
Iry7 °°
1 the undersigned Secretary of American Safety Casualty Insurance Company a Delaware corporation DO HEREBY CERTIFY that the foregoing and attached
Power of Attorney remains in full form and bas not been revoked and furthermore that the Resolution of the Board of Directors set forth in the said Power of Attorney is now
in force
Signed and Sealed at the City of Atlanta in the State of Georgia
Dated the 5th dayof September, 2000
Fred I Pinckney Secretary
ORIGIVALS Of THIS POWER OF A7TORNf Y 1R/ PRIATI D W17H RED NUMf RK 1 / NUMBf RS
DUPI IC ITFS SHAD HAVE THE SAME FORCE AND EFFECT AS IV ORILIVAL ONI Y WHI V ISS6'TD IN CONJt'NC7/ON IVITH FHF ORIGIN II
ACKNOWLEDGEMENT OF SURETY
STATE OF TEXAS
COUNTY OF DALLAS
On this 1?th day of October ,2000, before me personally appeared
Sam J Lamoreaux awn to me to be(or proven to me on the basis of
satisfactory evidence) the Attorney in Fact of AMERICAN SAFETY
CASUALTY INSURANCE COMPANY and acknowledged to me that he/she
executed the within instrument
In witness whereof, I hereto set my hand and official seal to this certificate on the
day and year first written above
Notary Public
June 21, 2004
Commission Expiration Date
(CELIA A. APPLE
Notary Public Stele of Texas
My Comm(ssion Expires
June 21. 2004