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1998-159 o~c~ ~ o,~,~c~ ACC~PT~ co,,e~TI~r~ ~s ~ ~~ ~ co~c~ ro~ ~~ or ~s ~o~, ~ ~ow~ ~ ~r~c~ ~ (s~ ~ ~O~T OF $152,244 00) ~AS, ~e C~ ~s sohcxted, received ~d tabulated competitive b~ds for the cons~cU~n of pubhc works or ~mprovments ~n accor~ce w~ ~e proced~es of STATE law ~d C~ty ~dm~ces, ~d ~AS, ~e C~ M~ager or a d~t~ ~pbyee ~ r~e~v~ ~d reco~ded ~at ~e h~e~n described bads ~e ~e lowest responsible b~ds for ~e consmcaon of~e pubhc works or lmprov~ents descnbed ~n ~e b~d mmtat~on, b~d proposals ~d plus ~d spec~fica~ons thereto, NOW, THE~FO~, THE CO~C~ OF ~E CITY OF DE~ON HE.BY O~S ~ ~at the following compeUt~ve b~ds for the consmct~on ofpubhc works or ~mprovem~ts, ~ described m ~e "B~d ~wtaaons", "B~d Proposals" or plms ~d speefficaaom on file m ~e Office of~e C~W's Pm~mg Agent filed according to ~e b~d nmb~ ~s~ed h~eto, ~e hereby ~e~ted ~d approved ~ bemg the lowest responsible b~ds Bm 219~ LES G~Y ~D CO. INC. $152,244 00 ~ That the ~c~t~ce ~d approval of the above competmve b~ds shall not eonst~t~ a con~aet be~een ~e C~ty ~d ~e person submlmng the bad for construction of such pubhc works or ~mprovements h~em ~cepted md approved, ~td such person shall comply Wl~ all requ~em~ts sp~afied in ~e Not,ce to B~dders meludmg the umely execution of a ~en con~act I~d ~as~ng of peffom~ee ~d pa~ent bonds, ~d ms~ce cemficate a~er notification of the awed of ~e b~d ~ T~t ~e C~ Mmager ~s hereby au~onz~ m execute ~1 n~ess~ ~tten ~n~tSl for ~e p~o~ce of ~e eommeaon of ~e pubhc works or ~mprov~ts m ~co~mce w~ the bads accepted ~d approved herem, prowded ~at such con~acts ~e made ~n a~ordmce ~ ~e Noaee m B~dd~ ~d B~d Proposes, ~d documents relaang ~eto ~ec~mg ~e terns, condmom, plus ~d specfficaUons, st~d~ds, qu~t~t~es ~d specified sins contmned therein ~ That upon acceptance and approval of the above competitive bids and the execution of contracts for the publm works and improvements as authorized herein, the City Council hereby authorizes the expendtture of funds m the manner and ~n the amount as specified ~n such approved b~ds and authorized contracts executed pursuant thereto ~ That flus ordinance shall become effective ~mmedlately upon ~ts passage and approval PASSED AND APPROVED tlus thq~/t~eff day of~.~,1998 JACI~Mt4LLER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY 2195 CONTRACT ORDINANCE 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 l,~,,,q 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 m conslderanon of the payments and agreemems hereinafter mentmned, to be made and performed by OWNER, and under the cond~uons expressed m 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 ~n the amount of $152,244.00 and all extra work m connection therewith, under the terms as stated m the General Cond~Uons of thc agreement, and at h~s (or their) own proper cost and expense to furmsh all materials, supphes, machinery, eqmpment, tools, supermtendence, labor, manrance, and other accessories and services necessary to complete the work specified above, m accordance w~th the condmons and prices stated m the Proposal attached hereto, and m accordance w~th all the General Condmons of the Agreement, the Special Condmons, the Nonce to Bidders (Advertmement for B~ds), Instructions to B~dders, and the Performance and Payment Bonds, all attached hereto, and m CA - 1 accordance with the plans, which includes all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof, and the SpeclficaUons 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 specffications 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 land whatsoever, by reason of injury to property or thucd persons occasioned by any error, omission or negligent act of Contractor, its officers, agents, employees, mvitees, and other persons for whom tt 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 clauns 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 thc date established for the start of work as set forth in written notice to commence work and complete all work within the tune stated in the Proposal, subJeCt to such extensions of tune as are provided by the General and Special Conditions The OWNER agrees to pay the CONTRACTOR m current funds the price or prices shown m the Proposal, which forms a part of this contract, such payments to be subject to the General and Specml Conditions of the Contract CA - 2 IN WITNESS WHEREOF, the parties of these presents have executed this agreement m the year and day first above written r___.~/ ATTEST 77' /7_ - OWNER q (SEAL~ ATTEST ..~ ~ CONTRACTOR / MAILING ADDRESS PHONE NUMBER FAX NUMBER P~NTED NAME APPROVED AS TO FO~ CITY ~TTO~EY CA - 3 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 , a corporation orgamzed and existing under the laws of the State of TEXAS, and fully authorized to tran.~act business m the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a mumclpal corporation orgamzed and existing under the laws of the State of Texas, hereinafter called Owner, m 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 addmonal sum of money representmg additional court expenses, attorneys' fees, and hqmdated damages arlsmg out of or connected with the below identified Contract, m lawful money of the Umted States, to be paid m DenWn County, Texas, for the paymem of which sum well and truly to be made, we hereby brad ourselves, our heirs, executors, adrmmstrators, successors, and assigns, jointly and severally, firmly by these presents This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement which increases the Contract price, but m no event shall a Change Order or Supplemental Agreement wfueh reduces the Contract price decrease the penal sum of this Bond THE OBLIGATION TO PAY SAME ~s condittuned 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 saxd Contract m 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 lde of any guaranty or warranty reqmred under this Contract, and shall also well and truly perform and fulfill all the andertakmgs, covenants, terms, cundltlOnS and agreements of any and all duly authorized modifications of said Contract that may hereafter be made, notice of wlmch modifications to the Surety being hereby waived, and, if the Principal shall repatr 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 mdemmfy and save harmless the Owner from all costs and damages wluch Owner may suffer by reason of failure to so perform herein and shall fully reunburse and repay Owner all outlay and expense which the Owner may recur m malang good any default or deficiency, then this obligation shall be void, otherwtse, ~t shall remain m full force and effect PB - 1 PROVIDED FURTHER, that ff any legal action be filed upon this Bond, exclusive venue shall lie m Denton County, State of Texas AND PROVIDED FURTHER, that the said Surety, for value received, hereby supulates and agrees that no 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, Specfficauom, Drawings, etc, accompanying the same, shall m anywise affect its obligation on this Bond, and it does hereby waive notice of any such change, extensmn of tune, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, SpecfficaUons, Drawings, etc Tins 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 hereto as the Resident Agent m Denton County to whom any requisite notices may be delivered and on whom service of process may be had m matters arising out of such suretyship, as provided by Article 7 19-1 of the Insurance Code, Vemon's Annotated Civil Statutes of the State of Texas IN WITNESS WHEREOF, this instrument ~s executed m 4 cop~es, each one of whmh shall be deemed an original, this the 2 day of JUNE 1998. ATTEST PRINCIPAL BY SECRETARY BY PRESIDENT ATTEST SURETY BY BY ATTORNEY-IN-FACT The Resident Agent of the Surety m Denton County, Texas for delivery of notice and servxce of the process is NAME STREET ADDRESS (NOTE Date of Performance Bond must be date of Contract If Resident Agent ts not a corporation, give a person's name ) PB - 2 PAYMENT BOND ~ ~'~ --/'-7-~ ~ P-- ~ 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 Prmclpal, and ,a corporation orgamzed and existing under the laws of the State of TEXAS, and fully authorized to transact business m the State of Texas, as Surety, are held and fLrmly bound unto the City of Denton, a m~m:clpal corporation orgamzed and existing under the laws of the State of Texas, hereinafter called Owner, and unto all persons, firms, and corporations who may furmsh materials for, or perform labor upon, the bulldmg or Lrnprovements hereinafter referred to, m the penal sum of ONE HUNDRED FIFTY TWO THOUSAND TWO HUNDRED FORTY FOUR and no/100 DOLLARS ($152,244.00) m lawful money of the Umted States, to be paid m Denton, County, Texas, for the payment of which sum well and truly to be made, we hereby brad ourselves, our he~rs, executors, adrom~strators, 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 wluch 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 condxtloned as follows Whereas, the Principal entered mto 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, fLrms, subcontractors, corporations and clannants supplymg labor and/or material in the prosecution of the Work provided for in said Contract and any and all duly author:zed 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 vold, otherwise it shall remain m full force and effect PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive venue shall lie m Denton County, Texas AND PROVIDED FURTHER, that the s0ad Surety, for value received, hereby stipulates and agrees that no 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, et¢, accompanymg the same, shall in anywise affect its obligation on flus Bond, and ~t 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 PB-3 Tins Bond Is given pursuant to the prows~ons of Chapter 2253 of the Texas Government Code, as amended, and any other apphcable statutes of the State of Texas The undersigned and des~gnatad agent Is hereby designated by the Surety hereto as the Resident Agent m Denton County to whom any requisite notices may be dehverad and on whom service of process may be had m matters arising out of such suretysinp, as provided by Amcle 7 19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas IN WITNESS WHEREOF, th~s mstnnnent is executed m 4 copies, each one of winch shall be deemed an original, this the 2 day of JUNE, 1998. ATTEST PRINCIPAL BY SECRETARY BY PRESIDENT ATTEST SURETY BY BY ATTORNEY-IN-FACT The Resident Agent of the Surety m 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 ts not a corporatton, gtvea person's name ) 2195--CONTRACT & BONDS PB - 4 CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Bidder's attention ia 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 Iow bidder fails to comply strictly with the Insurance requirements, that bidder may be disqualified from award of the contract. Upon bid award, all insurance requirements shall become contractual obligations which the euccassfuJ bidder shall have a duty to maintain throughout the course of this contract. STANDARD PROVISIONS: W~thout limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted work has been cornpieted and accepted by the City of Denton, Owner, the mtn:mum :nsurence coverage as ind:cated hereinafter As soon as practicable after notification of bid award, Contractor shall file w~th the Purchasing Department satisfactory certificates of insurance, containing the b:d number and title of the project. Contractor may, upon wri~en request to the Purchasing Department, ask for clarification of any :nsuranca requirements at any time, however, Contractors are strongly adv,sed to make such requests prior to b:d open:ng, since the :nsuranca requirements may not be modified or wmved after b,d opening unless a wr:t~en exception has been submi~ed w:th the bid Contractor shall not commence any work or deliver any material until he or she recmves notification that the contract has been accepted, approved, and signed by the City of Denton All ~nsurance poltcles proposed or obtained :n satlsfact:on of these requ:rements shall comply w:th the following general specifications, and shall be ma,ntalned :n compliance w~th these general specifications throughout the durst:on of the Contract, or longer, If so noted. · Each policy shall be ~ssued by a company authorized to do business m the State of Texas w~th an A.M Best Company rating of at least A · Any deductibles or self-tnsured retentions shaJl be decJared in the bid proposal If requested by the City, the ~naurer shall reduce or ebro:hate such deductibles or self-insured retentions w~th respect to the C~ty, AAA00350 Insurance Requlraments Page 2 officials, agents, employees and volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and related ;nvesflgaflons, claim administration and defense expenses. · Llablhty policies shall be endorsed to provide the following: ee Name as additional ~nsured the City of Denton, ~ts Officials, Agents, Employees and volunteers. · · That such insurance is primary to any other ~nsurance available to the additional insured with respect to claims covered under the policy and that this ~nsurance applies separately to each ;nsurad against whom claim is made or suit is brought. The inclusion of more than one Insured shall not operate to ;ncrease the insurer's llm;t of liability · All pohc3es shall be endorsed to prowde th;rty(30) days prior written not,ce of cancellation, non-renewal or reduction ;n 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 artsmg 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 prowded under a form of coverage that ~ncludes a general annual aggregate limit prowdlng for claims Investigation or legal defense costs to be ~ncluded m the general annual aggregate limit, the contractor shall either double the occurrence lim;ts or obtain Owners and Contractors Protective L~ab;lity Insurance · Should any required Insurance lapse during the contract term, requests for payments orig;nating after such lapse shall not be processed until the C~ty receives satisfactory ewdence of reinstated coverage as requ;red by th~s contract, effective as of the lapse date If ;nsurence ;s not reinstated, City may, at tts sole option, terminate this agreement effective on the date of the lapse REVISED 10112/04 Cl - 2 Insurance Requirements Page 3 SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: All ,nsurance 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: A. General Uabiiity Insurance: General Liability insurance with combined single limits of not less than $1,00o~0oo.oo shall be provided end maintained by the contractor The pol,cy shall be wr,tten on an occurrence basis either in a single policy or ~n 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 Liab~hty form (150 Form GL 0002 Current Edition and ISO Form GL 0404) is used, ~t shall ~nclude 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 Ilabthty (preferably by endorsement) covering this contract, personal ~njury Ilab~hty and broad form property damage liability. AAAOO3SO Ab'VISED 10112M4 CI ' 3 Insurance Requirements Page 4 Automobile Uability Ineuranco: Contractor shall provide Commercial AutomobJl. UabiliW 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. Workers Compensation Insurance Contractor shall purchase and maintain Worker's Compensation insurance which, .n addition to meeting the minimum statutory requirements for issuance of such insurance, has Employer's LJablhty bm,ts of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 policy limit for occupational disease. The C~ty need not be named as an "Additional Insured" but the insurer shall agree to waive all nghts of subrogation agmnst the C~ty, 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 prowsions 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 Liab;lity Insurance The Contractor shall obtain, pay for and rnmntaln at all times dunng the prosecution of the work under this contract, an Owner's and Contractor's Protectwe Liability ~nsurance policy naming the City as insured for property damage and bodily injury which may arise ~n the prosecution of the work or contractor's operations under th;s contract Coverage shall be on an 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. [ ] Fire Damage Legal Uability Insurance Coverage ia required if Broad form General Uabll~ty ~s not prowded or ~s 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 Uability Insurance Professional liability insurance w~th Ilmlts not less than per cla~rn w~th respect to negligent acts, errors or om;ss;ohs ~n connect;on w;th professional services is required under th;s Agreement. [ ] Builders' Risk Insurance Builders' Risk Insurance, on an Ali-Risk form for 100% of the completed value shall be provided. Such policy shall ~nctude as "Named Insured" the C~ty of Denton and all subcontractors as their interests may appear [ ] Additional Insurance Other ~nsurance may be required on an ~ndiwdual basra for extra hazardous oontracts and specific service agreements If such additional ~nsurance ~s required for a specific contract, that requirement w~ll be described in the "Specific Conditions" of the contract specifications Insurance Requirements Page 6 ATTACHMENT I Worker's Compensation Coverage for Building or Construction Projects for Governmental Entities A. Deflmtions: Certificate of coverage ("certiflcate")-A copy of a certificate of Insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement ('l'WCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverege for the person's or snflty's employees prov,dlng services on a project, for the duration of the project. Duration of the project - Includes the time from the beglnmng 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 perform,ng all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly w,th the contractor and regardless of whether that person has employees. This ~ncludes, without limitation, independent contractors, subcontractors, leas,ng companies, motor corners, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project "Serwces" ,nclude, without limitation, prov,ding, hauling, or delivering equipment or materials, or prowding 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 fil,ng of any overage agreements, which meets the statutory requirements of Texas Labor Code, Section 401 011 (44) for all employees of the contractor prov,dlng services on the project, for the duration of the project 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 end of the coverage period, file a new certificate of coverage w,th the governmental entity showing that coverage has been extended. E. The contractor shall obtain from each person prov,dlng services on a project, and provide to the governmental entity: (1) a certificate of coverage, prior to that person beg,nning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons prov,dlng aery,cea on the project; and (2) no later than seven days after race,pt by the contractor, a new certificate of coverage show,ng extension of coverage, ,f the coverage per,od shown on the current certificate of coverage ends dur,ng the durat,on of the project. F. The contractor shall reta,n all reqmred certificates of coverage for the duration of the project and for one year thereafter G. The contractor shall notify the governmental ent,t7 ~n wr,tlng by certified ma,I or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provis,on of coverage of any person providing aery,cas on the project. H. The contractor shall post on each project s~te a notice. ,n the text, form and manner prescribed by the Texas Workers' Compensation Comm,ss,on. informing all persons providing services on the project that they are required to be covered, and stating how a person may var,fy coverage and report lack of coverage. AAAO03UO ? REVISED 10/12/04 ~l Insurance Requirements Page a 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 codas and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011 (44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain from each other person with whom it contracts, and prov.de 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, prtor 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 mall or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the prowslon of coverage of any person providing services on the project; and AAAO03S0 .~-wsE~ ~o/~2/e4 CI - 8 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 cantract or providing or causing to be provided a certificate of caverege, the contractor i$ 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-lnsuranca Regulation. Providing false or misleading Information may subject the contractor to administrative penalties, oriminal penalties, cival penalties, or other ciwl 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 reca~pt of notice of breach from the governmental entity. AAA003SO CI - 9 I~'VISED I0112/g4 I Tolal cOrn f°r Fue'l F~m Fsmll~y (mcludm~purcbasepnce' dehvery' /,~,~/~ ~, "~ m~l~ion and ~) No~/~: A lab'-bid m-'~'~"_' will be held si 10 00am Friday, April24, 1~8, si ~h~ Mumc~pal Airport, 5000 Airport Road, Demon, TX 76207 for th= purpose of r~n~wm~ th~ she i~--ons and clsnf'ym~ ~h~ bid Sl~dicauons, ml'ms and condmom PERFORMANCE BOND STATE OF TEXAS § C~C - 0010085 COUNTY OF DENTON § KI~OW ALL MEN BY TI{ESE PRESENTS: Ttmt L~ GRAY AND CO. ~C., whose a~ss is 1800 CO~R~ ST,, G~, ~ 7~0~6712, h~ ~d ~ctp~. ~d ~~ ~ , a ~ora~on organized ~d ~g ~d~ ~ laws of ~e Sm~ of ~,""~d ~y au~or~ to ~ ~smcss ~ ~e S~te of, Te~, ~ ~, ~e h~d ~d ~y bound ~m ~e Ci~ of Denton. a m~ctp~ ~ora~on org~ ~ ex~st~ng ~dcr ~e laws of ~e State of Text, h~cm~ ~ Owner, ~ ~e p~ ~ of O~ ~ ~ ~O ~OUS~ ~O ~D ~R~ FO~ ~d no/100 DOLL~ ($1S2,~.~) plus ten pcr~nt of ~e sm~d p~l ~ ~ ~ ~difio~ s~ of money represents addiUo~ ~un ~pe~es. a~omeys' fees, ~d h~tdat~ ~gcs ~mg out of or ~t~ w~ ~e below ~d~t~ Con~ac~, ~ la~l money of ~e Umted ~, m be paid ~ Denton Co~, Te~, ~r ~e pa~t of w~ch ~ we~ ~ ~y ~ b~ ~e, we hereby b~ o~s~lws, o~ ~ks, ~xc~to~, admm~ators, suc~ssors, ~d ~si~. ~o~fly ~d s~w~y, f~y by ~cse pr~cn~ ~ Bo~ aum~ ~ m~ by ~e mo~t of ~y C~e Order or ~pplem~ A~e~mc~ w~h ~cs ~ Con~a~ price, but ~ no ~cnt s~ a Ch~e Ord~ or ~pplcmen~ A~mc~ w~ch r~duces ~e Con~a~ pn~ d~r~e ~ pe~ s~ of ~ Bond T~ OBLI~ON TO PAY S~M~ m ~ndition~ ~ follows- ~re~, ~ ~mc~p~ cnter~ rotc a ce~m Con~t, idcn~ by Or--ce N~ber 98-1~9. w~ ~e C~ of Denton, ~c O~cr, dat~ ~e 2 ~y of ~ ~.D, 19~8, a ~py of w~ch m h~o ~M md ~ a p~ her~f, ~r B~ ~ 219~ - ~l. F~ FOR ~C~ ~ORT. NOW, ~FO~, ~c ~mc~p~ s~l well, ~y ~d f~lly pe~om ~d ~lfill ~1 of ~ ~de~gs, cown~s, te~, ~ndtt[o~ ~d agrccmen~ of said Contract m accord~c~ ~ ~ PI~s, Specifl~tions ~d Con.act Doc~cn~ during ~e orig~l · crcof ~d ~y ex~on ~ereof which may be gr~t~ by ~e Owner, wl~ or w~out nonce to ~c ~ur~, ~d d~mg ~e life of ~y gu~ or w~ requ~ed under ~is Con.act, ~d sh~l ~so well ~d ~ly perfom ~d ~lfill ~I ~c uude~gs, cov~n~, t~, condmo~ ~d agreemen~ of ~y ~d all duly au~or~ed mod~fi~atio~ of smd Con~act ~at may her~a~r be md~, not~c of which modtficafio~ to ~ S~c~ bcmg hereby wmved; ~d, ff ~c ~c~p~ sh~l repa~ ~d/or replace ail defects due to faul~ matcm~s ~d wor~p ~at appc~ w~n a p~mod of one (1) ye~ from ~e date of fi~ completion ~d ~ acne.cc of ~ Work by ~e O~er; ~d, ff ~c Prin~pal s~l ~lly mdc~ ~d sa~ h~css ~ Owner ~om all ~sts ~d d~a~ which Owner ~y suffer by reason of fa~e to so perfom here~,~ sh~l ~lly re~b~ ~d r~pay Owner all outlay ~d ~xpe~e w~ch ~e Owner my mc~ m m~g good ~y dc~ult or dc~cmncy, ~en ~is obhgat~on s~l be ~o~d. o~sc, ~t sh~ rc~ m ~ll force ~d effect, PROVII)ED I~JR~R, that if any legal action be filed upon this Bond, exclus:ve venue shall lie in Denton County, ~tate of Texas. AND PROVIDED FURTHI~, that the said Surety, for value received, hereby stipulates and a~raes that no change, extemlslon of time, alt~ation or add~Uon to the terms of the Con~ract, or to the Work to be performed thereunder, or to the Plans, Specificauons, Drawings, etc, accompanying the same, shall in anywise affect its obligation on tins Bond, and it does hereby waive uottce of any such clumgc, extension of time, alteration or addition to the terms of the Contract, or to thc Work to bc performed thereunder, or to the Pl~s, Spuc:ficat~ons, Drawings, ~c This Bond is g~vcn pursuant to the prowmoas of Chapter 2253 of the Texas Oovc~__m.e~ut Code, as ameaded, and any other applicable statot~ of the State of Texas The undersigned and desxguated agent is hereby designated by the Surety hereto as the Resident Agent in Denton County to whom any reqms:te nonces may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Arucle ? 19-1 of the Iusuraucc Code, Vemou's Annotated Cwd Statutes of the Stat~ of Texas IN WITNESS WHBRBOF, this imWameat ~s executed m 4 copies, each one of which shall be deemed an orlginai, this the Z day of ~ 1998. A~: PRINCIPAL . LesC, ray&Co ~ Inc ,, SBCRBTARY~ ~ (~p.I~E~IDENT ~ ' / ATTF..~T: SURETY A~i~ORNEY-iN-F.~'I7 CF The Resident Agent of the Surety m Denton County, Texas for dehwry of not,ce axed service of the process is' NAME STREET ADDP.~$$: .... (NOTF.' Date of Performance Bond must be date of Contract If Res~dem Agent ~s not a corporation, g~ve a person ~s nam~ ) PB - 2 M~-CONTINENT CASUALTY COMPANY Tulsa, Oklahoma ~otu all e~ m,l'~ gl~a~ prea~ts That the MID-CONTINENT CASUALTY COMPANY a corporation of the State of Oklahoma, having its pnncipal office in the city of Tulsa, Oklahoma, pursuant to the following By Law, which was adopw, d by the Stockholders of the said Company on March 13th, 1947, to-wit "Article IV, SecUon 7 -- The Executive Officem of the Company shall have power and authority to appoznt, for the purposes only of executing and attestm$ bonds and undertakings and other writings obligatory In the nature thereof one more Resident Vice President, Resideta Assistant Secr~tarlas and Attorncys-m Pact and at any time to remove any such Resident Vice President, Resident Assistant Secretary or Attorney m-Pec~ and revoke the power and authority given him None of such appointees ne.~l be Directors of the Company" The Company does hereby consUmte and appoint Barbara Eden, Rhonda tlooplngarner, 1,1. ^. 14onroe and Fred 14onroe, individually of Arlington, Texas its true and lawful attorney(s) in fact, to execute, s¢~l and deliver for and on its behalf as Surety, and as its act and deed, Any and all bonds and undertahngs of Suretyship And the execution of such instrument(s) in pursuance of these presents, shall bc as binding upon the smd 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 officem at its principal office in Tulsa, Oklahoma IN WITNESS WHEREOF, THE MID-CONTINENT CASUALTY COMPANY has executed and attested these presants this 10th day of February ,19 98 ~ ~----"f~-~ ~C'~TAieZ ~oaa sazata ' VICE PRESIDEN L ~ ~ara Rn(~erson' - ~.~SISTANT SE on this 10th day oZ February ,19 9~ before me, a Notary Pubh, ff the State of Oklahoma in end fo£ the County of Tulsa, came the mthvidualto me personally known to b© thc officer dascr~bed m' and wbo e ..cured the precedm~ mst rumem e ecknowled ed the execuuon of the same, and bamg by ma duly sw~ that he Is the thereto described and auth°nzed °ffieer °f the andh g ........ ~--.~-~ ~'+ed to the preceding instrument ~s the corporate of sa~d T ENT CASUALTY COMPANY atorasam, anu u~,~ u,~ MID-CON ~N - '~ were duly affi~ed to the said nstrumant by the authority and direction Company, and the said corporate seal and h s stgnature as sucn e ~lcer were amy .~. the sa~d Company, and that Arhele IV, Section ?, of tha BY-L ~s of said Company, ~ferred to m the precedm§ mstrumeot, m now In f°rce ! and affixed my o~¢~al saal at the City of Tulsa, th C~UN~Y ~O~I~ · t~ I, ~~ . ALTY COMPANY (~ he~ 7cb ~m~that t~e ~rego. e t=¢,s of the By-'.aw and R=e ntmn of the Eoerd of Directors co, oration, thcrato, arc true and correct, and that both the By-Laws, the Resoluuon and thc Pow¢~r of Attorney are s~/~ ~11 torce~m effect IN WITNESS WHEREOF, I have hereunto ~et my hand and affixed the fscsimfla seal of smd corp6r~on , .x~k~ ~7 ,~ this ~ dayof J~e 19 98 PAYME~ BOND STATE OF TEXAS § (}E-0010085 COUNTY OF DENTON § KNOW AT.T. M~N BY THP-~SE PRESENTS That LES GRAY AND CO. INC., whose address is 1800 COMMERCE ST., GARLAND, TX 750406712, hereinafter called ,a corporation or§~n]?~d and Prmmp~l, and M~d-Ccntment ¢~lty cxmfi~g[vader thc laws of the State of 0kJmham, and fully authormed to transact busmess in the Stat~ of Texns, as Surerf, are held and firmly bound unw the City of Denton, a corporat~on org~,~t~.ed and cxmtmE under the hws of thc State of Texas, hereinafter called Owner, and unto all persons, firms, and corporations who may furmsh materials for, or perform labor upon, the butldmg or improvements heremaf~er referred to, m thc penal sum of ONE BXTNDRED FllerY TWO THOUSAND TWO HUNDRED FORTY FOUR and no/1001DOLLARS ($1~2,2~;.00) m lawful money of ~he Umtcd States, to be paid m Dcnwn, County~ Texas, for thc payment of whch .~_~m well and truly to be made, we hereby brad ourselves, our hell's, executors, ad~m~trators, successors, and assl~ns, .~oinfly mud severally, firmly by these presents Thru Bond shall at~tomatically be mcreased by the amount of any Chang~ Order or Supplemental Agreement winch mcreases the Contract pmce, but m no event shall a Change Order or Supplemental Agreement which reduces the Conuac~ pmce decrease the penal sum of this Bond. TH~ OBLIGATION TO PAY SAIvItl is conditioned as follows' Whereas, thc Prmmpal entered into a certmn Contract, ident/fi~ by Or,~h,~mee N,_,_mber 98-1S9, with the City of Denton, the Owner, dated thc ~ day of J~INE A.D. 1998, a copy of which ts hereto attached and made a part hereof, for BID # :~195 - FUEL FARM FOR MUNICIPAL AIRPORT. NOW, THt~P. EFOP,~, if the lh~umpal shall we~l, truly and faithfully perform ~s dutms and make prompt payment to all persons, firms, subcontractors, corporations and clammnts supplymg labor and/or maternal m thc prosecution of the Work provided for in smd Contract and any and all duly authomz~d modifications of smd Contract that may hcrcaftcr be made, not,cc of winch modtficauons to thc Surety being hereby expressly wmved, then thru obhga~on shall I~e void, otherwmc tt shall remain tn full force mud effect PROVIDED I=URTHER, tha~ if any legal action be filed on th~s Bond, exc]umvc venue shall hcm Denton Count'y, Texas A1N'D PROVIDED I~JRTHER, that the smd Surety, for value received, hereby stipulates and agrees tha~ no chanlge, extension of tnmc, alteration or add~tton to thc terms of thc Contract, or to the Work to be performed thercun~r, or to the Plans, Specifications, Drawings, crc, accompanymg the stone, shall in anywmc affect ~ts obhgat~on on th~$ Bond, and ~t docs hereby watvc nottce of any such change, cxtcnmon of ~m~e, alteration or addition thc terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Spccifica~wns, Drawm~s, This Boa6 is given pursuam to ~e provisioas of Chapter 2253 of the Tex~ Oovernnlent Code, as amended, and any other applicable statutes of the State of Tcx~s 'lthe und~sigaed ~ de. si~ted agent is h~rcby designated by the Suret~ herein as the Rasxlen~ Agent m Denton County to. whom any requisite notices may be delivered and on whom s~ice of process may be had m matters arising out of such suretyship, as provided by Article 7.19-1 of the Insurance Code, V emon's Annotauxl Civil Statutes of the State of Texas IN WITNESS WHEP~OF, this imtrumlmt is executed m 4 copies, each one of which shall be deemed aa oflg!~,l, this the 2 day of 3UNE, 1998. ATTEST PRINCIPAL SECRET AR._~ k~ B ATTF_~T SURETY BY ...... BY' ATTOR_NI~Y-IN-I:ACT The Resident Agent of the Surety in Denton County, Texas for dehvcry of notice and service of the grocess is: NAMI~ - STREET ADDRESS - (NOTE' Date of Payment Bond must be date of Contract. If Resident Agent ts not a corpor~.tton, give a person's name ) ~lg$--CONTRAL'T & BONDIi PB - 4 MID-CONTINENT CASUALTY COMPANY Tulsa, Oklahoma ~n0~ all ~en ~ ~e ~merd~ That the MID-CONTINENT CASUALTY COMPANY, a corporation of the State of Oklahoma, having ]ts principal office lr~ 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 "Acacia IV, Section 7 -- The Executive Officers of the Company sh~l have power and authority to appoint, for the purposes on~y of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, one more Resident Vice President, Resident Assistant Secretanas and At.mays-m-Fact and at any time to remove any such Resident V~ce President, Resident Assistant Secretary, or Attorney-m-Fact and revoke the power and authority given him None of such appointees need be Directors of the Company The Company dans hereby constltute and appomt Barbara Eden, Rhonda Hooplngarner, Iq. A. lqonroe and Fred Nonroe, individually of Arlington, Texas its true and lawful uttoruey(s)-in-fact, to execute, se. al 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 mstrumant(s) in pursuance of these presents, shall be as bindln§ upon thc 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 lt~ principal office in TUlsa, Oklahoma has executed and attested these IN WITNESS WHEP.~F~ THE MID-CONTI~I~T CASUALTY COMPANY g8 presents this day of ~eDruary ,19 On this day of , 19 before me, a Notary Pubhj ~fthe State of Oklahoma in and for the County of Tulsa, came the mthvidual to me personally known to be the officer described in, and who ~'~ ~cuted the preceding instrument and he ecknow edged the execution of the same, and being by me dulyj~7;a~that he is the therein described and authorized officer of the MID CONTINENT CASUALTY COMPANY aforesmd, and ~the seal affirmed to the preceding instrument is the corporate of sam Comnany, and,the said corporate seal and h~s signature as such of~cer were duly affixed to the sa~d mstmment by the authority and direction of IN TI~ ~*~JaI~REOF, I have hereunto sot my h~nd and affixed my of~/crsl seal at the C/~y of Tulsa, th~.ua.y a~ yc~ g and that both thc B Laws, the Resolution and the Power of Attorney are stdl orca und effec! ~ereetXtor, aaC~retCfru~e~nBdYc'o~rreWcst~nd°faRes°ut Y ~';l~';s;l't~t~o'~ ;~n;'~;'~;;;r-o f Att;rncy are s~/~ full force ah~ effec, IN WITNESS WHEREOF, I have hereunto sat my hand and affixed the facsimile seal of said corpo~uon .,,'.\~l,~'N'~.~ this ~ .~ dayof ~ 1,19 e ' : ~',~ n/{~.., ,~' r. Assistant SecretarY MONROE & MONROE PAGE 01 B ~=~n In~sta~e Zns Co ~ ~ s 1000000 12/22/98 12/22/97 1~/~2/99 A~.~ .... s 2tOOOtO~O ~/22/97 12/22/98 200000 30,