2004-279NO. dO04- 7q
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS
CONTRACT FOR THE CONSTRUCTION OF A NEW CIVIC CENTER MARQUEE AND
ELECTRONiC MESSAGE BOARD; PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 3209-CIVIC CENTER
MARQUEE AND ELECTRONIC MESSAGE BOARD PROJECT AWARDED TO STAP, LITE
SIGN, LP IN THE AMOUNT OF $43,565).
WHEREAS, the City has solicited, received and tabulated competitive bids for the
construction of pubhc works or improvements in accordance with the procedures of State law and
City ordinances; and
WHEREAS, the City Manager or a designated employee has received and recommended that
the herein described bids are the lowest responsible bids for the construction of the public works or
improvements described in the bid invitation, bid proposals and plans and specifications therein;
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the following competitive bids for the construction of public works or
improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on
file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto,
are hereby accepted and approved as being the lowest responsible bids:
BD
NUMBER CONTRACTOR AMOUNT
3209 Starlite Sign, LP $43,565
SECTION 2. That the acceptance and approval of the above competitive bids shall not
constitute a contract between the City and the person submitting the bid for construction of such
public works or improvements herein accepted and approved, until such person shall comply with all
requirements specified in the Notice to Bidders including the timely execution of a written contract
and furnishing of performance and payment bonds, and insurance certificate after notification of the
award of the bid.
SECTION 3. That the City Manager is hereby authorized to execute all necessary written
contracts for the performance of the construction of the public works or improvements in accordance
with the bids accepted and approved herein, provided that such contracts are made in accordance
with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms,
conditions, plans and specifications, standards, quantities and specified sums contained therein.
SECTION 4. That upon acceptance and approval of the above competitive bids and the
execution of contracts for the public works and improvements as authorized herein, the City Council
hereby authorizes the expenditure of funds in the manner and in the amount as specified in such
approved bids and authorized contracts executed pursuant thereto.
SECTION 5. That this ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the c~/~-~day of ~~ ,2004.
EUL1NE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
Attachment 1
Bid # 3209
Date: August 24, 2004
Civic Center IVlarguee and
Electronic Messa¢ Board ect
Vendor Vendor
Starlight Sign, L.P. J.M. Stewart
Corporation
Principle Place of Business: Denton, TX Sarasota, FL
I Total Base Bid $43,565.00 $46,924.00
2 Alternate #:~ Total Base Bid No Bid No Bid
Total Materials Tncorporated $31,800.00 N/A
into the Project
Total Labor, Supervison &
Materials Not Incorporated $11,765.00 N/A
into the Project
Bid Bond Yes Yes
Delivery & Installation 60 days 12 weeks
CONTRACT AGREEMENT
STATE OF TEXAS §
COUNTY OF DENTON §
THIS AGREEMENT, made and entered into this
A.D., 2004, by and between Ci~ rff Denton
day of Septe~mher
of the County of Denton and State of Texas, acting through Michael A. Cnndnff
thereunto duly authorized so to do, hereinafter termed "OWNER," and
~qtarlite Rign. 1 .P 702q ~ MeKinney .qtreet Dentnn. TX 7620R
of the City of Dentnn , Coullty of Denton
and State of Texas , hereinafter termed "CONTRACTOR."
WlTNESSETH: 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:
lqid 39.00 - (2ivie (2enteJ' Mara~ee ancl F.l~etrnnie Men,age ]Icmrd Prt~?et in the amount of
$4:17fi5 Oo and all extra work in connection therewith, under the terms as stated in the General
Conditions of the agreement; and at his (or their) own proper cost and expense to furnish all
materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other
accessories and services necessary to complete the work specified above, in accordance with
the conditions and prices stated in the Proposal attached hereto, and in accordance with all the
General Conditions of the Agreement, the Special Conditions, the Notice to Bidders
(Advertisement for Bids), Instructions to Bidders, and the Performance and Payment Bonds, all
attached hereto, and in 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:
Ci~ of Denton
all of which are made a part hereof and collectively evidence and constitute the entire contract.
CA - 1
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 claims and demands.
Choice of Law and Venue
This agreement shall be governed by the law of the State of Texas and venue for its
construction and enforcement shall lie in the courts of Denton County, Texas.
The CONTRACTOR hereby agrees to commence work on or after the date established
for the start of work as set forth in written notice to commence work and complete all work
within the time stated in the Proposal, subject to such extensions of time as are provided by the
General and Special Conditions.
The OWNER agrees to pay the CONTRACTOR in current funds the price or prices
shown in the Proposal, which forms a part of this contract, such payments to be subject to the
General and Special Conditions of the Contract.
CA - 2
IN WITNESS WHEREOF, the parties of these presents have executed this agref~nt.~
in the year and day first above written.
ATTEST:
OWNER
ATTEST:
(SEAL)
CONTRACTOR
APPROVED AS TO FORM:
CITY ATTORNEY
MAILING ADDRESS
PHONE NUMBER
FAX NUMBER
Ti'~LE~
(SEAL)
CA - 3
?RO~OSAL (BID) FORM
Time: 2:p.m.
Date:
August 24, 2004
To:
Purchasing Agent
City of Denton, Texas
901-B Texas Street
Denton, Texas 76201
Gentlemen:
The undersigned having ¢~amlned the Contract Documents entitled:
Civic Center Marquee and Electronic Message Board Project Bid #3209
And having visited the Site of the proposed construction, and having familiarized himself with
the local conditions affecting the cost of the work, and with all addenda to the said documents,
hereby proposed to furnish all supervision, labor, materials, equipment, tools, and accessories
and to do all work in accordance with said documents and addenda thereto for the stipulated sum
of:
Total Base Bid
Total Materials Incomorated into the Proiect
TotalLabor, Supervision end Matefials Not incorporated into the Project $ } I ,-7/d~'-, oo
AJternates
Alternate # 1
A/[ A Dollars($ M/,4 )
Total Base Bid
Total Materials Incorporated into the Project
ADDENDA:
Acknowledge receipt of the following addenda which are part of thc Bidding Documents by
placing Addendum #, Date issued and init/aliu.g:
Addendum: No. N //:l Addendum No. /,//,~
Addendum No. ,x/ I ~ Addendum No. M [ ~
The undersigned bidder heraby declares that he has visited the site of the work and has carefully
examined the Contract Documents pertainin§ to the work covered by the above bid, and he
further agrees to commence work within ten (10) days after date of written notice to proceed and
to substantially complete the work on which he has bid within /~0
Consecutive calendar days subject to such extensions of time allowed by specifications.
The undersigned bidder agrees that his bid shall be good and may not be withdrawn for a period
of 50 calendar days after the scheduled closing time for receiving bids.
The undersigned bidder understands that the Owner reserves the right to reject any or all bids and
to waive any informalities in the bidding.
BID GUARANTY:
Enclosed with this Bid is a Certified Check for:
'[cOo T~*nA~O
or a Bid Bond in the sum of
Donam ($ )
which it is agreed shallbe collected and retained by the Owner as liquidated damages in thc
event this Bid is accepted by the Owner within 60 days after the bids are received and the
undersigned fails to ~xecuted thc Contract and the required Bonds with the said Owner withi~
ten (10) days after the date said Bid is accepted: otherwise said check or bond shall be returned
to the undersigned UPon d~xnand.
Contractor (firm name)'
Aut~oriz~l Sig~ture
(If corporation, attest and affix
a Corporate Seal)
Title
City, State, Zip Code DE I 'oM;
Telephone (~q~- ~& - ~'7(25
PERFORMANCE BOND
STATE OF TEXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS: That ~qtarlite .qlgn~ I.P whose address is
7q?.q East Mnginney Rtreet Dentnn. T~ 76208 hereinafter called Principal, and
__ ,a corporation organized and existing under the laws of the State of TX , and
· fully authorized to transact business in the State of Texas, as Surety, are held and fn'mly bound
unto the City of Denton, a municipal corporation organized and exist'rog under the laws of the
State of Texas, hereinafter called Owner, in the penal sum of l~arty three thmmand five
hundred ~ix~y five DOLLARS and Zero Cents ($,ta.565 Off) 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,
successprs, 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 9.(1138-2'7o
with the City of Denton, the Owner, dated the 2 ~ gt day of ~qe?emher
A.D. ?.flfl~t a copy of which is hereto attached and made a part hereof, for
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 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
which shall be deemed an original, this the 21 ~t day of
4 copies, each one of
ATTEST: PRINCIPAL
BY:
SECRETARY
ATTEST:
BY:
PRESIDENT
SURETY
BY:
ATTORNEY-IN-FACT
BY:
The Resident Agem of the Surety in Denton County, Texas for delivery of notice and service
of the process is:
NAME:
STREET ADDRESS:
(NOTE: Date of Performance Bond must be date of Contract.
corporation, give a person's name.)
PB - 2
If Resident Agent is not a
PAYMENT BOND
STATE OF TEXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS: That Rtnrlite Rioon' l .P whose address is
709,3 East MeKinney ~qtreet Dentcm, TY 769.0R, hereinafter called Principal, and
a corporation organized and existing under the laws of the State of
TX , 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, fn'ms, and
corporations who may furnish materials for, or perform labor upon, the building or
improvements hereinafter referred to, in the penal sum of garry three thousand five hnndred
sixty five hnndred DOLLARS and Zero Cents, ($4q?fq ol3) 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 ?.nn4-97o
with the City of Denton, the Owner, dated the 21 st day of Re?tamhm' A.D 9naa, a copy
of which is hereto attached and made a part hereof, for l:lid 'lg.(~q - ~ivie ~ente~' Marn?lee and
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 Demon County, Texas.
PB - 3
AND PROVIDED FURTHER, that the said Surety, for value received, hereby
stipulates and agrees that no change, extension of time, alteration or addition to the terms of
the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications,
Drawings, etc., accompanying the same, shall in anywise affect its obligation on this Bond,
and it does hereby waive notice of any such change, extension of time, alteration or addition to
the terms of the Contract, or to the Work to be performed thereunder, or to the Plans,
Specifications, Drawings, etc.
This Bond is given pursuant to the provisions of Chapter 2253 of the Texas
Government Code, as amended, and any other applicable statutes of the State of Texas.
The undersigned and designated agent is hereby designated by the Surety herein as the
Resident Agent in Denton County to whom any requisite notices may be delivered and on
whom service of process may be had in matters arising out of such suretyship, as provided by
Article 7.19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas.
IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of
which shall be deemed an original, this the 21 st day of S~pt~mh~r,
ATTEST:
PRINCIPAL
BY:
SECRETARY
BY:
PRESIDENT
ATTEST: SURETY
BY:
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.
corporation, give a person's name.)
PB - 4
If Resident Agent is not a
CITY OF DENTON
INSURANCE REQUIREMENTS FOR CONTRACTORS
Bidder's attention is directed to the insurance requirements below. It is highly recommended
that bidders confer with their respective insurance carriers or brokers to determine in
advance of Bid submission the availability of insurance certificates and endorsements as
prescribed and provided herein. If an apparent low bidder 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:
Without limiting any of the other obligations or liabilities of the Contractor, the Contractor
shall provide and maintain until the contracted work has been completed and accepted by the
City of Denton, Owner, the minimum insurance coverage as indicated hereinafter.
As soon as practicable after notification of bid award, Contractor shall file with the
Purchasing Department satisfactory certificates of insurance, containing the bid number and
title of the project. Contractor may, upon written request to the Purchasing Department, ask
for clarification of any insurance requirements at any time; however, Contractors are strongly
advised to make such requests prior to bid opening, since the insurance requirements may not
be modified or waived after bid opening unless a written exception has been submitted with the
bid. Contractor shall not commence any work or deliver any material until he or she
receives notification that the contract has been accepted, approved, and signed by the City of
Denton.
All insurance policies proposed or obtained in satisfaction of these requirements shall comply
with the following general specifications, and shall be maintained in compliance with these
general specifications throughout the duration of the Contract, or longer, if so noted:
Each policy shall be issued by a company authorized to do business in the State of
Texas with an 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:
oo 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
MATERL4LLY CHANGE WITHOUT 30 DAYS ADVANCED WRITTEN
NOTICE BEING GIVEN TO THE OWNER (CITY) EXCEPT WHEN THE
POLICY IS BEING CANCELLED FOR NONPAYMENT OF PREMIUM IN
WHICH CASE 10 DAYS ADVANCE WRITTEN NOTICE IS REQUIRED".
Should any of the required insurance be provided under a form of coverage that
includes a general annual aggregate limit providing for claims investigation or legal
defense costs to be included in the general annual aggregate limit, the Contractor
shall either double the occurrence limits or obtain Owners and Contractors
Protective Liability Insurance.
Should any required insurance lapse during the contract term, requests for
payments originating after such lapse shall not be processed until the City receives
satisfactory evidence of reinstated coverage as required by this contract, effective
as of the lapse date. If insurance is not reinstated, City may, at its sole option,
terminate this agreement effective on the date of the lapse.
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:
IX ] A. General Liability Insurance:
General Liability insurance with combined single limits of not less than
~;qofl,c}r}c} oo 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.
Ix] Automobile Liability Insurance:
Contractor shall provide Commercial Automobile Liability insurance with Combined
Single Limits (CSL) of not less than Sanf~.t~afl~t) 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 meeting the minimum statutory requirements for issuance of such insurance,
has Employer's Liability limits of at least $100,000 for each accident, $100,000 per
each employee, and a $500,000 policy limit for occupational disease. The City need
not be named as an "Additional Insured" but the insurer shall agree to waive all rights
of subrogation against the City, its officials, agents, employees and volunteers for any
work performed for the City by the Named Insured. For building or construction
projects, the Contractor shall comply with the provisions of Attachment 1 in accordance
with §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 tunes 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
[ x]
Worker's Compensation Coverage for Building or Construction Projects for
Governmental Entities
A. Defimtions:
Certificate of coverage Ccertificate")-A copy of a certificate of insurance, a
certificate of authority to self-insure issued by the commission, or a coverage
agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory
workers' compensation insurance coverage for the person's or entity's employees
providing services on a project, for the duration of the project.
Duration of the project - includes the time frgm 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.
The contractor shall provide coverage, based on proper reporting of classification
codes and payroll amounts and filing of any overage agreements, which meets the
statutory requirements of Texas Labor Code, Section 401.011(44) for all
employees of the Contractor providing services on the project, for the duration of
the project.
C. The Contractor must provide a certificate of coverage to the governmental entity
prior to being awarded the contract.
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.
The contractor shall retain all required certificates of coverage for the duration of
the project and for one year thereafter.
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.
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.
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 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 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.
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.
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.
PERFORMANCE BOND
BOND.NHMBER 2135266
STATE OF TEXAS §
COUNTY OF DENTON § /
KNOW ALL MEN BY THESE PRESENTS: That ~%,~litm .qig., 1 ,P whose address is
292,3 ~t Me$Ci~nay Str,",~t ne~m.. TX '769.t~8 hereinafter called Principal, and
** ,a corporation organized and existing under the laws of the State of- TX , 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 o~g.ni~ed and exis.~tg under the laws of the
State of Texas, hereinafter called Owner, in th..~penal sum of_./l~arty, throe tht~,m.~d five
b.-ar~,{ ~!,,ty. nye DOLLARS and Zero Cents~a.se{'~ ar)) ~[s 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 Jn 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 assigm, 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 int.9/a certain Contract, identified by Ordinance Number ~flC~4-9~
with the City ./~f Denton, the Owner, dated the :ll nt day of ~tarnhar
A.D. _200_4.l.fa copy of which is hereto attached and made ap_~t hereof, for
NOW, THEREFORE, if file 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 (I) 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 ontlay and expense which the Owner may
incur in ~aking good any default or deficiency, then this obligation shall be void; otherwise, it
shall reraain in full force and effect,
PB~ 1×
~Insurance Company of the West /
PROVIDED FURTHER, that if any legal action be filed upon this Bond, exclusive
venoe 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 Plmas, Specifications,
Drawings, etc., accompanying the same, shall in anywise affect its obligation on this Bond,
and it does hereby waive notice of any such change, extension of time, alteration or addition to
the terms of the Contract, or to the Work to be performed thereunder, or to the Plans,
Specifications, Drawings, etc.
This Bond is given pursuant to the provisions of Chapter 2253 of the Texas
Government Code, as amended, and any other applicable statutes of the State of Texas.
The undersigned and designated agent is hereby designated by the Surety herein as the
Resident Agent in Denton County to whom any requisite notices may be delivered and on
whom service of process may be had in matters arising out of such suretyship, as provided by
Article 7.19-1 of the Insurance Code, Vemon'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, tlfis the ~2Lst__day of
BY: ~ ,-~.,
SECRETARY
PRINCIPAL
Starlite Sign, LP
BY:
PRESIDENT
ATTEST:
SURETY ~
. Insuranc~C~mpany of th~, West
AT~RNgY_~.FACT /Jack M. Crowley
The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service
of the process is:
NAME: Andr.ea J. Hines
STREET ADDRESS: 1936 Angel Falls Drive~ Frisco, TX 75034
(NOTE: Date of Performance Bond mu~t be date of Contract.
corporation, give a person's name.)
PB - 2
If Resident Agent is not a
No. 0004782
ICW GROUP
Power of Attorney
Insurance Company of thc West
The Explorer Insurance Company In~ndence Casualty and Surety Company
KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West, a Corporation duly organized under the laws of the State of California, The
Explorer Insurance Company, a Corporation duly organized under the laws of the State of Arizona, and Independence Casualty and Surety Company, a Corporation
duly organized under the laws of the State of Texas, (collectively referred to as the "Companies"), do hereby appoint
JACK M. CROWLEY, P~ATRICIA A. SMitH AND ROBERT W. PURDIN
their true and lawfifl Aaomey(s)-in-Fact with authority to date, execute, sign, seal, and deliver on behalf of the Compames, fldehty and surety bends, undertakings,
and other similar contracts of suretyship, and any rehted documents.
IN WITNESS WHEREOF, the Compames have caused these presents to be executed by its duly authorized officers this 16th day of January, 2001.
TI~ EXPLORER INSURANCE COMPANY
John H. Craig, Assistant Secretary
INDEPENDENCE CASUALTY AND SURETY COMPANY
John L. Hannum, Executive Vice President
Stete of California
County of San Diego ] SS.
On January 16, 2001, before me, Norma Porter, Notary Pubhe, personally appeared lohn L. Hanuum and Jolm H. Craig, personally known to me to be
the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same in their authorized capacities, and that by
their signatures on the instrument, the entity upon behalf of which the persons acted, executed the instrument.
Witness my hand and official seal.
RESOLLrrlONS
Norma Porter, Notary Public
This Power of A~omey is Branted and is signed, sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by
the respeetrye Boards of Directors of each oftha Companies:
"R~SOLVED: That the President, an Executive or Senior Vice President of the Company, together with the Secretary or any Assistant
Sectary, are hereby authorized to execute Powers of Attorney appointing the person(s) named as Attorney(s)-in-Fact to date, execute, sign,
seal, and deliver on behalf of the Company, fidelity and surety bends, undertakings, and other similar contracts of suretyship, and any related
documents.
RESOLVED FURT'rI~R: That the signatures of the officers making the appoinmaent, and the signature of any officer certifying the validity
and current status of the appoinanent, may be facsimile representations of those signatures; and the signature and seal of any notery, and the
seal of tho Company, may he facsimile ~epresentations of those signatu~s and seals, and such faesimila representetions shall have the same
force and effect as ff manually affixed. The facsimile representetions referred to herein may be affmed by stamping, printing, typing, or
photocopying."
CI~.TIFICATE
I, the undersigned, Assistant Secretary of Insurance Company of the West. The Exp!orer Insurance Company, and Independence Casualty and Surety Company, do
hereby eerfffy that the foregoing Power of Attorney is in full force and effect, and has not been revoked, and that the above resolutions were duly adopted by the
IN WITNESS WHEREOF, I hove set my hand th~s ~2~./'Jff~y o f
John H. Craig, Assistant Secretary
To verify the authenticity of this Power of Altorney you may call 1-800-877-1111 and ask for the Surety Division. Please refer to the Power of Attorney Number,
the above named inthvidual(s) and details of ~ bend to which the power is attached. For information or f'ding claims, please contact Surety Claims, ICW Group,
11455 E1 Camm° Real, San Diego, CA 92130-2045 or call (858) 350-2400.
PAYMENT BOND
STATE OF TEXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS: T~t S~?~ite .~i~n; I.pl~hose address is
7q~ ~a~t Me~inn~ ~tr~et DentOn; T~ 7fi~flg, hereunder cail~ Pr~cip~, ~d
** a co~orafion org~ed ~d exist~g ~der ~e laws of ~e State of
TX , ~d ~ay author~ed to ~sact b~iness ~ ~e S~te of Text, as ~e~, ~e held ~d
f~y bo~d ~to the City of Denton, a m~cip~ ~oraion organiT~ ~d exis~g under
~e laws of the Sta~ o( Texas, here~aRer c~ed O~er, ~d unto ~ person, f~, ~fl
co~orat[ons who may ~sh ~terialS for, or perfo~ labor u~n, ~e bufld~g or
~provem~ts hereinafter referred W, ~ ~e pen~ of ~ort~o ~han~,nd 6w ~,mated
~ fiw ~nnare3 DOLLARS ~ Zero Cen~,~$aa~5 ~ law~l money of ~e U~t~
States, to be paid in Denton, Count, Texas, for the payment of which sum well ~d t~ly to
be ~e, we hereby b~d ourselves, o~ hefts, executors, a~is~ators, successors, and
~sigm, jointly and severely, ~ly by ~ese presents. ~is Bond sh~l auto~tically ~
in~sed by ~e amount of ~y C~nge Or~ or Suppl~nml Agreement which incre~es ~e
Con~act price, but ~ no evem sh~l a Ch~ge Order or Supplemental A~eement w~ch
reduces the Con,act price decre~e ~e penal sm of ~is Bond.
THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the
Principal entered into a certain Contract, identified by Ordinance Number 200a-9~70
with the City of Demon, the Owner, dated the 9.~ st day of .q~t~mh,r A.D 2ooa.~copy
of which is hereto attached.)nd made a part hereof, for n~d 2209 -Civie Cent~.r Msro~,e~ and
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 aud 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 bc 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.
**Insurance Company of the West
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., aceompanying 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 g~ven pursuant to the provisions of Chapter 2253 of the Texas
Government Code, as amel~ded, and any other applicable statutes of the State of T~as.
The undersigned and desigoated agent is hereby designated by the Surety .herein as thc
Resident Agent in Dcnton County to whom any requisite notices may be delivered and on
whom service of proCess may be had in matters arising out of such surctyskip, as provided by
Article 7.19-1 of the Insurance Code, Vcmon's Annotated Civil Statutes of the State of Texas.
IN WITNESS WH~F, this instrument is executed in 4 copies, e.~ach one of
which, shall be deemed an orlgtllai, this the ~ 1 ~t day of -Sr4:mm~, 9.0O,~,t.~
ATTEST: PRINCIPAL
BY:
SECRETARY
Starlite Sign, LP .
PRESIDENT
ATTEST:
SURETY
Insure. mpan¥~st/
A..T~RNEY-IN-FACT Jack M,
Crowley
The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service
of the process is:
NAME:
Andrea J. Hines
STREET ADDRESS: 1936 Angel Fails Drive, Frisco, TX 75034
(NOTE: Date of Payment Bond must be date of Contract.
corporation, give a person ~ s name.)
PB - 4
If Resident Agent is not a
No. 0004782
ICW GROUP "
Power of Attorney
Insurance Company of the West
The Explorer Insurance Company In~,pendence Casualty and Surety Company
KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West~ a Corporation duly orgamzed under tho laws of the State of Cahfornia, The
Explorer Insurance Company, a Corporation duly o~ganized under tho laws of the State of Arizona, and Independence Casmlty and Surety Company, a Corporation
duly or~amzed under the laws of the State oj::e:asl~, (c,o:ictiYj~ aith: 'iComPMiTH~es"j,~O h:ie:~ a:yO/nu~DlN
their lrae and lawad Attemey(s)-imFact with authohty to date, execute, sign, seal, and deliver on behalf of the Companies, fidehty and surety bends, undertakings,
and other similar oontracts of suretyship, and any related documents.
IN ~ITNESS WHEREOF, the Companies have caused these presents to be ex~uted by its duly authorized officers this 16th day of Janua~, 200 I.
TH~ EXPLORER INSURANCE COMPANY
John H. Craig, Assistaut Socmtao]
INDEPENDENCE CASUALTY AND SURETY COMPANY
John L, Hannum, Execufivo Vice President
State of California
County of San Diego } SS.
On January 16, 2001, bethm me, Norma Porter, Notary Pubhc, personally appeared John L. Hammm and John H. Craig, personally known to mo to be
the persons whose names are subscribed to the within insmmmnt, and acknowledged to me that they executed the same m their authorized capacities, and that by
their signatures on the nismmxent, the entity upon behalf of which the persons acted, executed the mstsament.
Witness my hand and official seal.
COMM, #1257540
Nonna Porter, Notary Public
This Power of Attorney is granted and is signed, sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by
the respective Boards of Directors of ~ach of the Compames:
"RESOLVED: That the President, an Executive or Senior Vice President of the Company, together with the Secretary or any Assistant
Secretary, are hereby authorized to execute Powers o£ Attorney appointing the person(s) named as Attomey(s)-in-Fact to date, execute, si~n,
seal, and deliver on behalf of the Company, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related
documenta.
RESOLVED FURTHI~R: That the signatures of the officers making the appointment, and the signature of any officer certifying the validity
and current status of the appointment, may be facsimile representations of those signatures; and the signature and seal of any notary, and the
seal of the Company, may be facsimile representations of those signatures and seals, and such facsimile representations shall have the same
force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping, prnihng, typing, or
photocopying."
CERTIFICATE
I, the undersigned, Assistant Secretary of Insunmce Company of the West, The Explorer Insurance Company, and Independence Casualty and Surety Company, do
hereby certify that the foregoing Power of Attorney is in full force and effect, and has not been revoked, and that the above resolutions were duly adopted by the
respective Boards of Directors of thc Companies, and are no~ m full fo?ce. ~ . .~ / ~//~/
IN WITNESS WHEREOF, I have set my hand this jffff_ ,/~y of cJ~ .
John H. Craig, Assistant Secretary
To verify the authenticity of this Power of At~omey you may call 1-800-877-1111 and ask for the Surety Division. Please refer to the Power of Attorney Number,
the above named individual(s) and details of the bond to which the power is attached. For information or fling ohims, please contact Surety Claims, ICW Group,
11455 El Carum° Real, San Diego, CA 92130-2045 or call (858) 350-2400. ~