1997-349 O INANCE NO
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD
OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS, PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the C~ty has sohmted, received and tabulated competitive b~ds for the
construction ofpubhc works or ~mprovements ~n accordance w~th the procedures of STATE law
and C~ty orchnances, and
WHEREAS, the C~ty Manager or a designated employee has received and recommended that
the here~n descnbed b~ds are the lowest responsible b~ds for the construction of the pubhc works or
~mprovements described m the b~d ~nwtat~on, b~d proposals and plans and spemficat~ons therem,
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the following competitive b~ds for the construction ofpubhc works or
~mprovements, as descnbcd ~n the "B~d Inwtat~ons", "B~d Proposals" or plans and spemficat~ons on
file ~n the Office of the C~ty's Purchasing Agent filed accor&ng to the b~d number assigned hereto,
are hereby accepted and approved as being the lowest responsible b~ds
BID
NUMBER ~ AMOUNT
2124 PAVEMENT SPECIALISTS, INC $ 53,740 00
~ That the acceptance and approval of the above competmve bids shall not
constitute a contract between the C~ty and the person submitting the b~d for construction of such
pubhc works or improvements hereto accepted and approved, until such person shall comply w~th
all reqmrements specified m the Not~ee to Bidders including the t~mely execution of a written
contract and furmshmg of performance and payment bonds, and insurance certificate after
notlficat~on of the award of the b~d
SECTION III That the C~ty Manager ~s hereby authorized to execute all necessary written
con~'acts for the performance of the construction of the pubhc works or improvements m accordance
w~th the bids accepted and approved hereto, prowded that such contracts are made m accordance
with the Not, ce to B~dders and B~d Proposals, and documents relating thereto spemfymg the terms,
conditions, plans and specifications, standards, quantities and specified sums contmned thereto
3_
~ That upon acceptance and approval of the above competitive bids and the
execution of contracts for the pubhc works and ~mprovements as authorized here~n, the C~ty Council
hereby authorizes the expenditure of funds m the manner and ~n the amount as specified m such
approved bids and authorized contracts executed pursuant thereto
~ That tins ordinance shall become effective lmmedmtely upon ~ts passage and
approval
PASSED AND APPROVED this the ~/']~''~ day of ~,1997
JACK MILLER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
2124
CRACK SEALING OF STREETS CURTCO BAUM PAVEMENT
PAGE 1 OF 2 INC CONST SPECIALISTS
NOVEMBER 6, 1997 CO INC
DI~e~Cp,,,IPTION VENDOR VENDOR VENDOR
GRAND TOTAL $63,222 00 $62,000 0~0 $S3,740 00
PI~OJECT LOCATION LISTINGS
STATE OF TEXAS
COUNTY OF DENTON
THIS AGREEMENT, mede and entered into ~his ~ day of
DECEMBER A.D., 19 97 , by and between
T~E 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
prO BOX 2030
ROANOKE, TX 76262-4030
of the City of ROANOKE , County of ~-
and State of T~XAS , 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:
B~D ~ 2124 -- CRACK SEALANT OF STREETS
in the amount of ~.~n-00 and all extra work in
connection therewith, under the terms as stated in the General
Conditions of the agreement~ and at his (or their) own proper cost
and expense to furnish al~ materials, supplies, machinery,
equipment, tools, superintendence, labor, insurance, and other
accessories and services necessary to complete the work specified
above, in accordance with the conditions and prices stated in the
Proposal attached hereto, end in accordance with all the General
Conditions of the Agreement, the Special Conditions, the Notice to
Bidders (Advertisement for Bids), Instructions to Bidders, and the
Performance and Payment Bonds, all attached hereto, and in
accordance with the plans, which includes all maps, plats,
blueprints, and other drawings and printed or written explanatory
matter thereof, and the Specifications therefore, as prepared by
ENGINEERING DEPARTMENT
all of which are made a part hereof and collectLvely evidence and
constitute the entire contract.
Indenendent 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 C°rity sick leave benefits, worker's
compensation, or any other 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 has designee under this agreement.
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 claims and demands.
Choice of Law and Venue
This agreement shall be governed by the law of the State of
Texas and venue for its construction and enforcement shall lie in
the courts of Denton County, Texas.
The CONTRACTOR hereby agrees to commence work on or after the
date established for the start of work as set forth in written
notice to oonence 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.
IN WITNESS WHEREOF, ~h~: par=ies of ~hese presents have
executed this a~ree~ent in year and day first above written.
pAV~4ENT SPECIALISTS. INC.
P.O. mX 2030
MAILING ADDRESS
817 491-9665
PHONE NUMBER
ill7 491-9777
TITLE- V~E PRESIDENT
CASEY L. HOLLOWAY
PRINTED NAME
APPROVED AS TO FORM: (SEAL)
C£ty AttOrney ~
AAA0184D
Rev. 04~05~96
CA - 3
CITY OF DENTON
INSURANCE REQUIREMENTS FOR CONTRACTORS
Bidder's attention Is directed to the insurance requirements below. It is highly
recommended that bidders confer with their respective Insurance carriers or brokers
to detsrmlne in advance of Bid submission the availability of insurance certificates and
endorsements as prescribed end 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 successful 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 completed
and accepted by the City of Denton, Owner, the m,nimum insurance coverage as
,ndicated 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 written request to the
Purchasing Department, ask for clarification of any ,nsurance requirements at any
time; however, Contractors ere 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 ha 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 requ,rements shall
comply with the following general specifications, and shall be maintained m
compliance with these general specifications throughout the duration of the Contract,
or longer, if so noted:
· Each policy shall be issued by s 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 ~nsurer shall reduce or elim,nate
such deductibles or self-insured retentions with respect to the City, ~ts
AAA003110
Insuranoe Requirements
Page 2
officials, agents, employees and volunteers; or, the contractor shall procure
a bond guaranteeing payment of losses and related ,nvestlgations, cla,m
administration and defense expenses.
· Liability pollc,es shall be endorsed to provide the following'
· · Name as additional insured the C~ty of Denton, its Officials, Agents,
Employees and volunteers.
· · That such insurance Is primary to any other insurance avmlable to the
additional Insured w~th respect to clmms covered under the policy and
that th~s Insurance applies separately to each insured against whom
claim is made or su,t is brought. The inclusion of more than one
Insured shall not operate to increase the insurer's limit of Ilab~hty
· All policies shall be endorsed to provide thirty(30) days prior written not~ce
of cancellation, non-renewal or reduction in coverage
· Should any of the required insurance be provided under a claims-made
form, Contractor shall mmntain 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 exp;retion of the contract shall
be covered
· Should any of the required insurance be prov,ded under a form of coverage
that Includes a general annual aggregate limit prowdlng for claims
Investigation or legal defense costs to be included ~n the general annual
aggregate limit, the contractor shall either double the occurrence limits or
obtain Owners and Contractors Protective Liability Insurance.
· Should any required Insurance lapse dunng the contract term, requests for
payments originating after s¥ch lapse shall not be processed until the City
receives satisfactory evidence of reinstated coverage as required by th~s
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
AAA00360
.~'V~D ~o~2~ CI - 2
Insuranoe Requirements
Page 3
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS:
All ,nsurance policies proposed or obtained in satisfaction of this Contract shall
addltio~ally comply w,th the following marked specifications, and shall be ma,nra,ned
~n compliance with these additional specifications throughout the duration of the
Contract, or longer, if so noted:
A. General Uability Insurance:
General Liability ,nsurance with combined single limits of not less than
~50o~000.00 shall be provided and maintained by the contractor. The poltcy
shall be wr,ttan on an occurrence basis either in a single policy or tn a
combination of underlying and umbrella or excess policies.
If the Commercial General Liability form (ISO Form CG 0001 current
edition) ,s used'
· Coverage A shall include premises, operations, products, and
completed operations, independent contractors, contractual liabtitty
covering this contract and broad form property damage coverage
· Coverage B shall ,nclude personal injury.
· Coverage C, medical payments, ts not requ,red
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 Liabli,ty for pram,sas,
operations, products and completed operations, independent
contractors and property damage resulting from explos,on, collapse
or underground (XCU) exposures.
· Broad form contractual llab,lity (preferably by endorsement)
covering this contract, personal injury llabil,ty and broad form
property damage liability
AAAO0360
REVt=I'.'O 10/12/g4 CI - 3
Insurance Requirements
Page 4
Automobile Liability Insurance:
Contractor shall provide Commercial Automobile Liability insurance with
Combined Single Limits (CSL) of not less than ~ either ~n a single
policy or in a combination of basic and umbrella or excess policies The policy
w~ll Include bodily injury and property damage liability arising out of the
operation, maintenance and use of all automobiles and mob,la equipment used
In conjunction with this contract.
Satisfaction of the above requirement shall be in the form of a pohcy
endorsement for:
a any auto, or
· all owned, hired and non-owned autos
Workers Compensation Insurance
Contractor shall purchase and mamta,n Worker's Compensation insurance
wh;ch, ;n addition to meeting the mlmmum statutory requ,rements for ~ssuance
of such insurance, has Employer's Liability I,mits 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 "A~ldltional Insured"
but the Insurer shall agree to wmve all rights of subrogation against 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 tha Texas Labor Code and rule 28TAC 110.110 of the Texas
Worker's Compensation Commission (TWCC)
[ ] Owner'e and Contractor's Protective Liability Insurance
The Contractor shall obtain, pay for and ma,ntain at all times during the
prosecution of the work under this contract, an Owner's and Contractor's
Protective Liab~lity insurance policy nam;ng the C~ty as insured for property
damage and bodily injury which may arise m the prosecution of the work or
contractor's operations under this contract Coverage shall be on an
AAAO03~O
REVISED 10112/84 ~l
Insurance Requirements
Page 5
"occurrence" basis, and the policy shall be Issued by the same insurance
c~ompany that carries the contractor's liability insurance. Policy limits will be
at least oombined 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 lass than each occurrence are required
[ ] Professional Liability Insurance
Professional liability insurance with lim,ts not less than per cla:m
with respect to negligent acts, errors or omissions ,n connection with
professional services is required under this Agreement
[ ] Builders' Risk Insurance
Builders' Risk Insurance, on an Ali-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 ~s
required for a specific contract, that requirement will be described in the
"Specific Conditions" of the contract specifications.
AAAO03~O
nEYmED '~0/12~4 ~1
b
Insurance Requirements
Page 6
ATTACHMENT I
[x] Worker's Compensation Coverage for Building or Construction Projects for
Governmental Entitles
A. Definitions:
Certificate of coverage ("certlflcate")-A copy of a certificate of insurance,
a certificate of authority to self-insura ,ssued by the commission, or a
coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84),
showing statutory workers' compensation insurance coverage for the
person's or entlty's employees provid,ng servaces on a project, for the
duration of the project.
Duration of the project - includes the time from the beg;nning 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" ,n §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 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 lira,ration, 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 8e food/beverage vendors, office supply deliveries, and
delivery of portable toilets.
B. The contractor shall provide coverage, based on proper reporting of
classification codes and payroll amounts and filing of any overage
agreements, which meets the statutory requirements of Texas Labor Code,
Section 401.011 (44) for all employees of the contractor providing services
on the project, for the duration of the project.
AAA00360
~-vmE~ ~o/~;m4 CI - 6
Insurance Requiramenl~
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 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
mall 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 Commiss,on,
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.
AAAOO360
REVISED 10/12/94 CI - 7
Insurance Requirements
Page 8
I. The contractor shall contractually require each person with whom ~t
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, pr,or to the end of the coverage per,od, 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, pr,or to the other person beglnmng
work on the project; and
(b) a new certificate of coverage showing extension of coverage,
prior to the end of the coverage period, ,f the coverage period
shown on the currant 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 provision of coverage of any
person providing services on the project; and
AAAO0360
REVlSEO 10112/04 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 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 end payroll amounts, end that all coverage agreements will be filed
with the appropriate Insurance carrier or, in the case of s self-insurad, w,th
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.
RWISED lOn2/e4 CI - 9
BID NUMBER 2124.BID PROPOSALS
Gtty o~ Denton. Tmum 901.B Texll 8t-
~ ~ ~
~KZNGBZ~
3~ ~S PA~
6~ BO~IE B ~I~ITY DR RI~Y
7 · BU~ING ~R~ES
8. BU~iNG ,~'~m w~DBOR m~ON
10 · ~m nTT.T,
11 · ~ Sl~a ~,~G~I~ PACE
13; ~ZTT ~S~N ~-DE-SAC
14~ ~K MI~ ~BERTSON
16~ DI~ ~-DE-SAC
17~ HOPKINS D~ DR
18 · HOW~ M~ ~ ~"~i~ DE~-~
20. JOYCE ~.~
I
21~ ~y ~RSE ~IRIE
22~ ~NG PAIS~Y ~-DE-SAC
23~ MILL MORSE
24~ OX~ ~TIN~ ~T~R
25~ PA~ ~I8~P~R ~S
N
27~ PAIS~Y M~INGBI~
s oHs
32~ R~D~ HZ~RY MCKI~Y
BID NUMBER 2124 BID PROPOSALS Page2 of 2
~ty of Denton, Text8 gOt B Texbe 8L
Pufldtlalng Dl~lltment ~ Texle 78201
B'X'REL*2 FROM TO 'X'OTAL BXD
BEND ANGELINA BmND
HER~JLE8 IMPERIAL
SIMMONS PA.~K DALLAS DR
CT ~IRD DEAD-END
PERTAIN MO~. INGO
WELLINGTON (~HUR~HILL KIN~S ROW
HERCULES SHERMAN
WEST OAK JAGOE BONNIE
PACE
/
CUL-DE-SAC
CROSSTIMBER
WYE
GP~N D TOTAL
We quote tho above f o b delivered to Denton, Toy, os Shipment =an be made iN_ '/~) - day8 from rooei~ of order Terms not/30
unloo8 otherwise iodi~atod
In submittlngt the al~we bid, tho vendor agroo8 thfat aecept~noo of any or all bid item8 by the City of Denton, Texas within ·
reasonable period of time eonstituo8 a -ontraot The ~ompletad Bid Proposal must be properly prised, signed end returned
PAVEMENT SPEC~ISTS, INC.
...... Tltte
]Bond No. 280 1191
THE STATE OF TEXAS '
COUNTY OF DENTON '
KNOW ALL MEN BY THESE PRESENTS That PAVEMENT SPECIALISTS, INC,
whose address is P O. BOX 2030, ROANOKE, TX 76262-4030, hereinafter called Principal, and
Rel~.ance Insurance Company , a corporation orgamzed and exmtmg under the laws of the
State of~,~[[~ and fully anthonzed to transact business m the State of Texas, as Surety, are held
and ftm~r~"d'unto the City of Denton, a mumclpal corporation orgamzed and existing under the
laws of the State of Texas, heremaRer called Owner, and unto all persons, firms, and corporations
who may furmsh materials for, or perform labor upon, the bmldmg or improvements hereinafter
referred to, m the penal sum of FIYTY THREE THOUSAND SEVEN HUNDRED FORTY and
no/100--- ($53,740.00) m lawful money of the Umted States, to be ptud in Denton County, Texas,
for the payment of winch sum well and truly to be made, we hereby bind ourselves, our heirs,
executors, adm~mstrators, 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 winch ~nereases the Contract price, but m no event shall a Change Order or Supplemental
Agreement winch reduces the Contract price decrease the penal sum of tins Bond
THE OBLIGATION TO PAY SAME m eondmoned as follows Whereas, the Pnnc~pal
entered into a certmn Contract, ~denttficd by Ordinance Number 9%349, with the C~ty of Denton,
the Owner, dated the 2 day of DECEMBER, A D 1997, a copy of winch is hereto attached and
made a part hereof, for BID # 2124 - CRACK SEALING OF STREETS.
NOW, THEREFORE, if the Pnnclpal shall well, Italy and faithfully perform 1ts duties and
make prompt payment to all persons, firms, subcontractors, corporations and cltumants supplying
labor and/or material m the prosecution of the Work provided for ~n stud Contract and any and all
duly authorized modifications of stud Contract that may hereafter be made, notice of which
modlficatluns to the Surety being hereby expressly waived, then flus obhgat~on shall be void,
otherwise it shall remtun m full force and effect
PROVIDED FURTHER, that ~fany legal actmn be filed on flus Bond, exclusive venue shall
lie m Denton County, Texas
AND PROVIDED FURTHER, that the stud Surety, for value received, hereby stipulates and
agrees that no change, extenmon of tune, alteration or adthtlon to the terms of the Contract, or to the
Work performed thereunder, or to the Plans, Specifications, Dravongs, etc, accompanying the same,
shall m anywise affect ~ts obhgat~on on thru Bond, and tt does hereby wtuve not,ce of any such
change, extension oft~me, alteration or addmon to the terms of the Contract, or to the Work to be
performed thereunder, or to the Plans, Specifications, Drawings, etc
PAYMENT BOND - Page 1
Tlus Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government
Code, as amended, and any other appheable statutes of the State of Texas
The undersigned and designated agent is hereby designated by the Surety herein as the
Resident Agent m DENTON County to whom any requisite notmes may be delivered and on whom
service of process may be had m matters arising out of such suretyship, as provided by Ar'acle 7 19-1
of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas
IN WITNESS WHEREOF, tlus instrument is executed m 4 copies, each one ofwhmh shall
be deemed an original, this the 2 day of DECEMBER, 1997
ATTEST PRINCIPAL
PAVEMENT SPECIALISTS, INC.
ASST SECRETARY viCE PRESIDENT
ATTEST' SURETY
RELIANCE INSURANCE COMPANY
The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the
process is
('NOTE Date of i~ayment ~l~d must be date-°f C°ntrfict 'If ResIdent ~gt~'nt is n°t a
corporation, give a person's name )
PAYMENT BOND - Page 2
PERFORMANCE BOND
THE STATE OF TEXAS '
COUNTY' OF DENTON '
KNOW ALL MEN BY THESE PRESENTS That PAVEMENT SPECIALISTS, INC.,
whose address is P.O. BOX 2030, ROANOKE, TX 76262-4030, hereinafter called Pnnmpal, and
Relman~e Insurance Cc~pan¥ ,a corporation orgamzed and existing under ~the !aws ofhtehl~
State of ~1~74~ and fully authonzed to transact business m the State of T~xas, as ~urety, are nei
and firn~~to the City of Denton, a mummpal corporaUon orgamzed and exmtmg under the
laws of the State of Texas, hereinafter called Owner, in the penal sum of
FIFTY THREE THOUSAND SEVEN HUNDRED FORTY and no/100 - ($53,740.00) plus
10 percent of the stated penal sum as an adchUonal sum of money representing additional court
expenses, I attorneys' fees, and liquidated damages arising out of or connected w~th the below
identified ]Contract, m lawful money of the Umted States, to be paid in Denton County, Texas, for
the payment ofwtuch sum well and truly to be made, we hereby brad ourselves, our hems, executors,
administrators, successors, and assigns, jointly and severally, firmly by these presents Tins Bond
shall automatically be increased by the amount of any Change Order or Supplemental Agreement
wbach increases the Contract price, but m no event shall a Change Order or Supplemental Agreement
which recites the Contract pnce decrease the penal sum of tim Bond
THE OBLIGATION TO PAY SAME is condmoned as follows Whereas, the Pnnmpal
entered into a certain Contract, identified by Orchnance Number 97-349, with the City of Denton,
the Owner, dated the 2 day of DECEMBER A D 1997, a copy of which is hereto attached and
made a part hereof, for BID # 2124 - CRACK SEALING OF STREETS
NOW, THEREFORE, if the Pnnmpal shall well, truly and faithfully perform and fulfill all
of the undertakings, covenants, terms, cun&tions and agreements of said Contract m accordance w~th
the Plans,I Speclficataons and Contract Documents dunng the original term thereof and any extension
thereofwtuch may be granted by the Owner, vath or w~thout notice to the Surety, and dunng the hfe
of any guaranty or warranty reqmred under tlns Contract, and shall also well and truly perform and
fulfill all the undertakangs, covenants, terms, conditions and agreements of any and all duly
authorized modifications of said Contract that may hereafter be made, notice of wb. lch mothficatlons
to the Surety being hereby waived, and, if the Principal shall repmr and/or replace all defects due to
' t
faulty materials and workmanslup tha appear within a penod of one (1) year from the date of final
completion and final acceptance of the Work by the Owner, and, if the Pnnmpal shall fully
lndemmfy and save harmless the Owner from all costs and damages which Owner may suffer by
reason of failure to so perform hereto and shall fully reimburse and repay Owner all outlay and
expense wluch the Owner may incur in making good any default or deficiency, then tbas obligation
shall be void, otherwme, it shall remain in full force and effect
PERFORMANCE BOND - Page 1
PROVIDED FURTHER, that if any legal action be filed upon tins Bond, exclusive venue
shall lie m Denton County, State of Texas
AND PROVIDED FURTHER, that the smd Surety, for value received, hereby ~pulates and
agrees that no change, extension of tune, alteratmn or adchtmn to the terms of the Contract, or to the
Work to be performed thereunder, or to the Plans, Speeificataons, Dmvangs, etc, accompanying the
same, shall m anywise affect ~ts obhgaUon on tins Bond, and ~t does hereby wmve noUce of any such
change, extension of time, alteraUon or addiUun to the terms of the Contract, or to the Work to be
performed thereunder, or to the Plans, SpeeificatIunS, Drawings, etc
This Bond IS g~ven pursuant to the provIsaons of Chapter 2253 of the Texas Government
Code, as amended, and any other apphcable statutes of the State of Texas
The undersigned and designated agent ~s hereby designated by the Surety herein as the
Resident Agent m DENTON County to whom any reqtuslte notices may be delivered and on whom
service of process may be had m mat~ers arising out of such suretysinp, as pmwded by Article 7 19-1
of the Insurance Code, Vemon's Annotated Civil Statutes of the State of Texas
IN WITNESS WHEREOF, flus instrument ~s executed an 4 cop~es, each one of winch shall
be deemed an original, tins the 2 day of DECEMBER, 1997
ATTEST PRINCIPAL
PAVEMENT SPECIALISTS, INC.
BY BY VICE/PRESIDENT /
aSST. SECRETARY
ATTEST SURETY
RELIANCE INSURANCE COMPANY
Christy .~E~ons .
The Resident Agent of the Surety m Denton County, Texas f6r dehvery ofnoUce anc serwce o~me
process is
(NOTE Date of PerformanCe Bond must be date df Contract If Resident Age~t IS not a
corporation, give a person's name )
PERFORMANCE BOND - Page 2
~.~&NCE SURETy COMPANY I~.~NCE INSURANCE COMPANY
~ PArC ~~ CO~ ~J~ NA~ON~ ~ CO~
AD~NIS~A~VE ~E, ~I~DE~IA, ~VANIA
~ O~ ~O~
KN~ A~ ~N ~ ~E ~E~, ~ RE~A~E ~UR~ COMPANY ie · oo~ d~ or~ u~m ~ lewe
ewe, ~ ~ REUA~E I~U~ CO.ANY ~ UN~ PAC~ INSURANCE CO~A~, ~ oo~ ~y ~z~ u~f ~ lewe
~ ~ ~nweM~ ~ ~ ~ ~ REUA~E NA~ONAL INDE~O~NY.i~ · o~n d~y ~ u~ ~ lew~ of
~ ~ ~w n ~ ~e ~ ~t, ~ N f~w*
~ ~ ~1~ Phl~ ~ ~ ~o in ~ for ~
I, ~ ~ ~ d ~A~E ~UR~ CO~A~, RWANOE INSURA~E CO~, UN~ PACI~C I~U~A~ C~ANY.
IN ~ ~ERE~.~I ~ ~ ~t ~ ~ ~ ~ ~ ~e of ~ C~ ~e~~~~
ACORD. CERTIFICATE OFUABiLITY INSURANCE
mODUCm THIS CER~FICATE 18 18SUED A8 A MAWR OF INFORMATION
ONLY AND CONF.8 NO RIGHT8 UPON THE C~TIFICATE
Dawson & ~ons Xns ~c~ Xnc. HOLD~ THIS CERTIFICATE D~8 NOT AMEND, ~END OR
345 ~11~ams 8~=ee~ ALTER THE COVE~GE AFFORDED BY THE POLICIES BELOW
~u;on OH 4~839 COMPANIE8 AFFORDING COVE~GE
~,~. 419-433-2000 ~.0. 419-433-7488 A FSde1~y/Qua=an~y Ins Und lnc
B
Pave=en~ s~eotal~,~s In= COMPLY
265 Ha=shall Cgeek ~ c
P O ~x 2030 coM~Y
~anoke ZX 76262 D
THIS IS TO CERTI~ ~AT ~E ~LICIES OF INSURANCE LIS~D ~LOW HAVE BEEN ISSUED TO ~E INSURED NAMED ABOVE FOR ~E ~LI~ ~RIOD
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
GEN~ U~IUTY GENE~L AGGREGATE ~ 2 F 000 ~ 000
-- COM~Z~c~a;N;~ U~U~ 1~30135470200 O4/01/97 04/01/98 P~ODUCTS COM~/OPA== *lr000~O00
~ CLAIMS MACE OCCUR PERSONAL ~ ~V mdUaY * 1 ~ O00 r 000
O~ER S A CONTRA~OR e ~OT EACH OCCURRENCE ~ 1 ~ 000 r 000
~ Pe= P=o~eat ~g. FmEO~Aa~Ve~fl~,~ * 300~000
I
Crack'Sealing of Streets
Refer to G 1795~-B
901 B Texas
OF ~Y ~ND U~N THE COMPLY ITS AOnT8
AGORD ~ (~ 196) ,r ~ ........ 'u ~a ~pO~TION lg88
THI~ ENDORSBAENT CHANGF.~I THE POU~.
B~K~ ~I~O~L INSURED ~DORS~E~
~ en~ ~i~ I~ur~ ~ under ~e ~wmg:
~MM~AL Q~L ~1~ COV~
or In the ~1~ ~ ~ ~ ~ ~e I~ ~ I1~ ~ I~ ~e l~ of ~d n~ in
~ m ~e I1~ ~ I~ ~n In ~e ~1~.
~ ~ ~lng:
~ A P~ ~ YOUR ~ A~ T~
~/~/~
~d~o~ ~u~ed. ~ o~ ~e~o~, ~s O~c~s, ~e~
Certificate of Insurance
I I I1% CI RTI t P. A I t I% ISSUED AS A MATTI R O! [NI~ORMA'I ION ONLY AND CONf EI'~S NO RI(. HT% U I ON YOU 1 HE CERTIFICATF [ IO[ DFR TH[% (-bRT[blCA] E ]5 NOT
AN IN%URANL I POLICY AND DOFS NOT AMLND LXTEND OR ALTFR THF COVI RACE Al F(')RDb D BY THF POI ICII q LIS3 ED SELOW
Thru Is to Certify that ~
I PAVEMENT SPECIALISTS, INC
PO SOX 349 Name and LIBER'I'Y
NAPOLEON, OH 43545 I address of MUTUAL d/
Insured
s et the ssue da e of this certificate insured by the Company under the pctlcy(ies) listed below The ~nsurance afforded by the hated pohcy ms) is subject to all their
terms exclusions and conditions and is not altered by any requ rement term or condit on of any contmc or other document w~th respect to which th s cedihcate may be
issued
EXP DATE
[] CONTINUOUS
TYPE OF POLICY [] EXTENDED POLICY NUMBER LIMIT OF LIABILITY
[] POLICY TERM
COVERAGE AFFORDED UNDER WC EMPLOYERS LIABILITY
W O R K E R S 4/1/98 LAW OF THE FOLLOWING STATES
C O M P E N B A TI O N ALL STATES EXCE PT Bodily Inlun/BY AccldentEach
COVERAGE EXCLUDING AK, $500,000 Accident
WC7-181-022871 027 ME NV, OH, RI, WA, WV, WY Bodily Injury By Disease
$500,000 Policy
Bodily Injury By O~sease
$500,000 Each
Po[son
GENERAL General Aggregate et-her than Products/Completed Operations
LIABILITY
[] OCCURRENCE Products/Completed Operations Aggreget~
[] CLAIMS MADE Bodllv Inlun/and ProDertv Damaqe LlablhtV Per
Occurrence
Personal Inlury
Per Person/
RETRO DATE Organization
Other Oth~r
AUTOMOBILE Each Acoldent S~ngle bruit
LIABILITY BI andPD Combined
[] OWNED Each Pemon
--ach
Accident or Occurrence
[] NON OWNED
[] HIRED --ach Accident or Occurrence
OTHER
ADDITIONAL COMMENTS
RE. BID NO. 2124 WAIVER OF SUBROGATION IN FAVOR OF THE
CRACK SEALING OF STREETS CITY OF DENTON IS INCLUDED -
DENTON, TF.~v~%S
If the certificate expiration date Is continuous or extended term you will be notified if coverage Is terminated or reduced before the cerbflcate expiration date
SPECIAL NOTICE OHIO ANY PERSON WHO WITH INTENT TO DEFRAUD OR KNOWING THAT HE IS FACILITATING A FRAUD AGAINST AN INSURER SUBMITS
AN APPLICATION OR FILES A CLAIM CONTAINING A FALSE OR DECEPTIVE STATEMENT IS GUILTY OF INSURANCE FRAUD
NOTICE OF CANCELLATION (NOT APPLICABLE UNLESS A NUMBER OF DAYS IS ENTERED BELOW ) BEFORE
THE STATED EXPIRATION DATE THE COMPANY WILL NOT CANCEL OR REDUCE THE INSURANCE AFFORDED
NOTICE OF SUCH CANCELLATION HAS BEEN MAILED TO
~ls~r~ 901 B TE~.S STREET
DENTON, TEXAS 76201 Clevelan_d, O__H (800) 582-2503 12/2/97
I OFFICE PHONE NUMBER DATE ISSUED
BS772A R10