2003-125ORD N CE NO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS
CONTRACT FOR THE CONSTRUCTION OF THE LOOP 288 EAST TEMPORARY TTRAFFIC
DIVERSION; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND
PROVIDING AN EFFECTIVE DATE (BID 3014-LOOP 288 EAST TEMPORARY TRAFFIC
DIVERSION AWARDED TO AUSTIN BRIDGE AND ROAD, LP IN THE AMOUNT OF
$185,292.16).
WHEREAS, the City has solicited, received and tabulated competitive bids for the
construction of public works or improvements in accordance with the procedures of STATE law and
City ordinances; and
WHEREAS, the City Manager or a designated employee has received and recommended that
the herein described bids are the lowest responsible bids for the construction of the public works or
improvements described in the bid invitation, bid proposals and plans and specifications therein;
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
.SECTION 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:
BID
NUMBER CONTRACTOR AMOUNT
3014 Austin Bridge and Road, LP $185,292.16
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 ora 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 //,fl ~---~
dayof ~ ,2003.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
3B-oY/~D-Bid 3014~~
CONTRACT AGREEMENT
STATE OF TEXAS
§ COUNTY OF DENTON §
THIS AGREEMENT, made and entered into this 13th day of May
A.D., 2003, by and between
City of Denton
of the County of Denton
and State of Texas, acting through Michael A. Conduff thereunto duly authorized so to do,
hereinafter termed "OWNER" and
Austin Bridge and Road, LP
11143 Goodrdght Lane
Dallas, TX 75229
of the City of Dallas, , County of
termed "CONTRACTOR."
Dallas and State of Texas , hereinafter
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:
Bid 3014 - Loop 288 East Temporary Traffic Diversion
in the amount of $185,292.16 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 and the Performance and Payment Bonds, attached
hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions,
the Notice to Bidders (Advertisement for Bids), and Instructions to Bidders, as referenced herein
and on file in the office of the Purchasing Agent, 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:
City of Denton
all of which are referenced herein and 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 th~ services her~finder 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 covenants and agrees to and does hereby indemnify, hold harmless and defend, at
its own expense, Owner, its officers, servants and employees, from and against any and all claims or
suits for property loss or damage and/or personal injury, including death, to any and all persons, of
whatsoever kind or character, whether real or asserted, arising out of the Work and services to be
performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or
invitees, whether or not caused, in whole or in part, by the alleged negligence of the officers,
servants, employees, of the Owner. Contractor likewise covenants and agrees to, and does hereby,
indemnify and hold harmless Owner during the performance of any of the terms and conditions of
this Contract, whether arising out of in whole or in part, any and all alleged acts or omissions of
officers, servants, or employees of Owner. The provisions of this paragraph are solely for the
benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise,
to any other person or entity.
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 WHEI~OF, the parties of these presents have executed this agreement ia the
year a~d day ~st above written.
City of Denton
ATTEST:
CONTRACTOR
Bridge & Road,
eoodnlght Lano
Dallas~ T®xa8 7622e
APPROVED AS TO FORM:
CITY ATTORNEY
MAn,lNG ADDRESS
PHONE NUMBER
BY:
FAX NUMBER
Austin Bdd~e & Rood, lie,
GenerAl P,.rtner
PRINTED NAME
CA - 3
PERFORMANCE BOND Bo~a no: BA 3907
STATE OF TEXAS
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS: That Austin Bridge and Road, LPv~'~
whose address is 11143 Goodnight Lane, DaJlas, TX 75229 hereinafter ealled Principal, and
British American Insurance Company ~, a corporation organized and existing under the laws
of the State of Texas , and fully authorized to transact business in the State of
Texas, as Surety, are held and firmly bound unto the City of Denton, a municipal corporation
organized and existing under the laws of the State of Texas, hereinafter called Owner, in the penal
sum of One Eighty Five Thousand, Two Hundred & Ninety Two DOLLARS and _Sixteen Cents,,'"'
$185,292.16 ),plus ten percent of the stated penal sum as an additional sum of money representing
additional court expenses, attorneys' fees, and hquidated 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 o f which sum well and truly to be made, we hereby bind ourselves, our
heirs, executors, admirdstrators, 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 2003-125 , with the City of
Denton, theOwner, datedthe 13th dayof May A.D. 2003 ~/', a copy of which is hereto
attached and made a part hereof, for Bid 3014 - Loop 288 East Traffic Diversion. v/
NOW, THEREFORE, if the Principal shall well, truly and faithfiflly perform and fulfill all
of the undertakings, covenants, terms, conditions and agreements of said Contract in accordance
with t he Plans, Specifications a nd Contract Documents during t he original t erin t hereof 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 teniis 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 4. ~opies, each one of which
shall be deemed an original, thisthe 13th dayof May , 2003 ~.~ .
ATTEST:
SECRETARY (Assistant)
Alan Stakem, Assistant Secretary
Austin Bridge & Road, Inc.,
It's General Partner
ATTEST:
PRINCIPAL
AUSTIN BRIDGE & ROAD, LP
BY:~~~~l~lesiden
~,/ k(~tin Bridge& Road,
SURETY General Pnrtner
BRITISH AMlgRICAN INSUI~CE COMPANY
Witness BY
ATTORN/EY-IN-~ACT
Daniel T. Howard ~ : ~-
The Resident Agent of the Surety in Denton County, Texas for delivery of notice and ser¢i~e of the
process is: ::
Daniel T. Howard
STREETADDRESS: 3535 Travis, Suite 300 Dallas, Texas 75204
(NOTE: Date of Performance Bond must be date of Contract. If Resident Agent is not a corporation, give a
person's name.)
PB - 2
PAYMENT BOND ~ond no: BA 3907
STATE OF TEXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS: That Austin Bridge and Road, LPt,
whose address is 11143 Goodnight Lane, Dallas, TX 75229, herein'after Called Principal, md
British American Insurance Company¥~a corporation organized and existing under the laws of
the State of Texas , and fully authorized to transact business in the State of
Texas, as Surety, are held and firmly bound unto the City of Denton, a municipal corporation
organized and existing under the laws of the State of Texas, hereinafter called Owner, and unto all
persons, firms, and corporations who may furnish materials for, or perform labor upon, the building
or improvements hereinafter referred to, in the penal sum of One Hundred EighW Five Thousand,
Two Hundred Ninty Two DOLLARS and Sixteen Cents~'~ 185,292.16)~fi:~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 tl~s Bond.
THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal
entered into a certain Contract, identified by Ordinance Number 2003- 125 , with the City of
Denton, the Owner, dated the 13th day of May A.D. 2003 ~ a copy of which is hereto
attached and made a part hereof, for Bid 3014 - Loop 288 East Temporary Traffic Diversion. ~
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties and
make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying
labor and/or material in the prosecution of the Work provided for in said Contract and any and all
duly authorized modifications of said Contract that may hereafter be made, notice of which
modifications to the Surety being hereby expressly waived, then this obligation shall be void;
otherwise it shall remain in full force and effect.
PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive venue shall
lie in Denton County, Texas.
AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and
agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the
Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc., accompanying the
same, shall in anywise affect its obligation on this Bond, and it does hereby waive notice of any
such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to
be performed thereunder, or to the Plans, Specifications, Drawings, etc.
PB - 3
This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government
Code, as amended, and any other applicable statutes of the State of Texas.
The undersigned and designated agent is hereby designated by the Surety here'm 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 surety, 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 _4___ copies, each one o fw hich
shall be deemed an original, this the 13th day of May , ~flOq ~/''~
BY:
SECRETARY (Assistant)
Alan Stakem, Assistant Secretary
Austin Bridge & Road, Inc.,
It's General Partner
ATTEST:
PRINCIPAL
AUSTIN BRIDGE & ROAD, LP
BY:~~~~~, ~ ~eat
Austin Bridge & Road(lnG,
General Partner
SURETY
BY: {; ~'t~,
Witness
BRIllO{ AMERICAN lhl.qlll~Wnl~ ..~nl~a~lv
Daniel T. Howard
The Resident Agent of the Surety in Denton County, Texas for delivery of notice andserv~ce of the
pmcess is: "
Daniel T. Howard
STREET ADDRBSS: 35a5 Travq~: ~,,qr~ ann P~llas. Tex~s 7529':
(NOTE: Date of Payment Bond must be date of Contract. If Resident Agent is not a corporan'on,
give a person's name.)
PB - 4
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 insuri~nce certificates at~d endorsements as prescribed dnd 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.
.ds soon as practicable after notification of bid award, Contractor shall fde with the Purchasing
Department satisfactory certificates of insurance, containing the bid number and title of the
projec~ 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 bitL Contractor
shah 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 shah 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 shah be declared in the bid proposal. If
requested by the City, the insurer shall reduce or eliminate such deductibles or
self-insured retentions with respect to the City, its officials, agents, employees and
volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and
related investigations, claim administration and defense expenses.
· Liability policies shall be endorsed to provide the following:
Name as additional insured the City of Denton, its Officials, Agents, Employees
and volunteers.
That such insurance is primary to any other insurance available to the additional
insured with respect to claims covered under the policy and that this insurance
applies separately to each insured against whom claim is made or suit is brought.
The inclusion of more than one insured shall not operate to increase the insurer's
limit of habihty.
· All policies shhllbe g~/dorsed to read:
"SAID POLICY SHALL NOT BE CANCELLED, NONRENEWED OR
MATERIALLY CHANGE WITHOUT 30 DAYS ADVANCED WRITTEN NOTICE
BEING GIVEN TO THE OWNER (CITY) EXCEPT WHEN THE POLICY IS
BEING CANCELLED FOR NONPAYMENT OF PREMITT3~ IN WHICH CASE 10
DAYS ADVANCE WRITTEN NOTICE IS REQUIRED".
Should any of the required insurance be provided under a claims-made form, Contractor
shall maintain such coverage continuously throughout the term of this contract and,
without lapse, for a period of three years beyond the contract expiration, such that
occurrences arising during the contract term which give rise to claims made after
expiration of the contract shall be covered.
Should any of the required insurance be provided under a form of coverage that
includes a general annual aggregate limit providing for claims investigation or legal
defense costs to be included in the general annual aggregate 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
ori~nating 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 SL000,000
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 Liabihty 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 (XCLO exposures.
Broad form contractual liability (preferably by endorsement) covering this
contract, personal injury liability and broad form property damage liability.
[X] Automobile Liability Insurance:
Contractor shall provide Commercial Automobile Liability insurance with Combined Single
L'maits (CSL) of not less than $500,000 either in a single policy or in a combination of
basic and umbrella or excess policies. The policy will include bodily injury and property
damage liability arising out of the operation, maintenance and use of all automobiles and
mobile equipment used in conjunction with this contract.
Satisfaction of the above requirement shall be in the form of a policy endorsement for:
· any auto, or
all owned, hired and non-owned autos.
[X] Workers Compensation Insurance
Contractor shall purchase and maintain Worker's Compensation insurance which, in addition
to 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 Cityby 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 C ode and rule 2 8TAC 1 10.110 o fthe Texas Worker's Compensation
Commission (TWCC).
[]
[]
Owner's and Contractor's Protective Liability Insurance
The Contractor shall obtain, pay for and maintain at all times during the prosecution of the
work under this contract, an Owner's and Contractor's Protective Liability insurance policy
naming the City as insured for property damage and bodily injury which may arise in the
prosecution of the work or Contractor's operations under this contract. Coverage shall be on
an"occurrence" basis, and the policy shall be issued by the same insurance company that
canS~s the C0nfXaCt0r's liability insurance. Policy lirrrits 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, o n an A Il-Risk form for 100% o f t he completed value s hall b e
provided. Such policy shall include as "Named Insured" the City of Denton and all
subcontractors as their interests may appear.
Commercial Crime
Provides coverage for the theft or disappearance of cash or checks, robbery inside/outside
the premises, burglary of the premises, and employee fidelity. The employee fidelity
portion of this coverage should be written on a "blanket" basis to cover all employees,
including new hires. This type insurance should be required if the contractor has access to
City funds. Limits of not less than each oecurrance are required.
[]
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.
ATTACHMENT1
IX] Worker's Compensation Coverage for Building or Construction Projects for
Govern mental Entities
A. Definitions:
Certificate of coverage ("certificate")-A copy of a certificate of insurance, a certificate
of authority to self-insure issued by the commission, or a coverage agreement CFWCC-
81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation
insurance coverage for the person's or entity's employees providing services on a
project, for the duration of the project.
Duration of the project - includes the time from the be~nnlng 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.
The Contractor must provide a certificate of coverage to the governmental entity prior
to being awarded the contract.
If t'he c overage p cried sh own o n t he contractor's current certificate o f c overage 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.
The contractor shall obtain fi:om each person providing services on a project, and
provide to the governmental entity:
(t)
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 p cst 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
mounts 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 be~nning 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 t he certificates o f coverage t o b e provided t o t he
person for whom they are providing services.
By signir~g 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 carder 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.
BRITISH AMERICAN INSURANCE COMYANY
Corporate Headquar~rs, 3535 Travis, Sulm 300, DalLas, Texas 75204
KNOW ALL PERSONS BY THESE PRESENTS:
POWER OF ATTORNEY
That BKrrISH AMERICAN INSUI~ANCE C01VII~ANYF~a Texas corporation, does hereby appoint:
- - Paul W. Hill, I.E. Schranz, Daniel T. Howaxd,~awn Kulght, Tegist lankowiak: of Dailas, Texas - -
its true and lawful Attorney(s)-in-Fact, with full authority to execute on its behalf bonds, under, kings, reco~i?ance and other
contracts of indenmity and writings obligatory in the nature thereof, /ssued in the course of its business, and to bind the company
thereby.
IN WITNESS WHEPd~OF, British American Insurance Company has executed these presents
~ 5th day of May ,2003.
Paul W. Hill, President
STATE OF TEXAS §
COUNTY OF DALLAS §
On this 5th day of May , 2003, before me came the above named officer of British American
Insurance Company, to me personally known to be the individual and officer described herein, and acknowledged that he executed
the foregoing instrument and affixed the seal of said corporation thereto by authority of his office.
~' "~;(~ NotarfPubllc, State of Tewas
· , Not~E,'y ];~blic In and For the Smtc of Texas
CERTIFICATE
The appoiu~ment is made under the authori~ of the following resolution, adopmd by the Execu~ye Commkme of the Board of Direcwrs of British American
Insurance Company at a meeting held on the 25th of March, 1980.
"RESOLVED, that the President shall Im and is hereby vnsted with the full power and authority to appoint any one or more suitable persons as Auomey(s)-in-Fact
to represent and act for and on behal~ of the Company subject to the following provisions:
1. Attomey-/n-Fact may be given full power and authority as outli~d fu the Power of Attonmy for and in the name of and on behalf of the Company to execute,
2. The facsimile signatures of the officers and th= seal of the Company shall be valid and binding upon the Company in fu¢ execution, attes'~tion and sealing of
an/instx'ument appointing an AIIorney-in. Fact.'
I, Dawn Knight, Assistant Secretary of British American Insuranc~ Company, do hereby certify that the above and foregoing is a ~*ue ~ correct copy of a Power
of Attorney executed by said Company, which is still m force and ef~cg and, thrthermore, the resolution of the Executive Commi~ee of the Board of Directors, as
set forth in the Power of Attorney, is now th force.
IN WITNESS WHEKEOF
I have hemtmto set my hand and affixed thc seal of the coxporation
tiffs __ day of ,20
' Dawn Knight, Assistant,-~;~cretary
BRITISH AMERICAN INSURANCE COMPANY
IMPORTANT NOTICE
TO OBTAIN INFORMATION OR MAKE A COMPLAINT:
You may contact British American Insurance Company for information or to make a complaint
at:
British American Insurance Company
Attn: Daniel T. Howard
3535 Travis Stree~ Suite 300
Dallas, Tax. as 75204
(214) 559-4887
· (214) ~3-5624 ~ax)
You may contact the Texas Depa~unent of Insurance to obtain information on companies, cover-
ages, rights or complaints at:
Texas Department of Insurance
P.O. Box 149104
Austi~ Texas 78714-9104
(800) 252-3439
ATTACH THIS NOTICE TO YOUR BOND. This notice is for information only and does not
become a part or a condition of the attached document and is given to comply with Section 2253-
021, Government Code, and Section 53.202, Property Code, effective September 1, 2001.
ACORD. CERTIFICATE OF LIABILITY INSURANCE
05/13/2003
Serial # 486179
BRITISH AMERICAN INSURANCE COMPANY
3535 TRAVIS STREET - SUITE 300
DALLAS, TEXAS 75204-1466
(214) 859-4887 (800) 964.4242
~.su.so AUSTIN BRIDGE & ROAD, LP ~ _H
NORTH TEXAS DIVISION
11143 GOODNIGHT LANE
DALLAS, TX 75229
11972t 241-0690
COVERAGES
THIS CERTIFICATE 18 18SUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURER8 AFFORDING COVERAGE
~UREE~ BRITISH AMERICAN INSURANCE COMPANY
1HE POLICIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY PERIOD INDICATED. NO'I~Nlll-ISTANDING
ANY REQUIREMENT, TERM OR CONDI'nON OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY RE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POUClES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIQNS AND CONI~TIONS OF SUCH
POLICIES. AGGREGATE MMITS SHOWN MAy HAVE BEEN REDUCED BY PAID CLAIMS.
GENERAL LIABILITY ,-,/ EACH OCCURRENCE $ 2,000,000~-'
A -- COMMERCIALGaNBI~ALU.NaUTY CGL-0104203v'''/ 10101/02 10/01/03 V ~'~IREDAMAGE(~tyoneflm) $ 100,000
PERSONAL & ADV INJURY $ 1,000,000
GENERAL ^GGREGATE $ 4,000,000 ~
GEN'L AG GREGATE LIMIT APPUEN Pl~;~: PRODUCTS - COMP/OP AGG $ 2,000,000
^__UTO.OBI~ LIABIUTYv CAL-0104203 10/01/02 10/01/03 '~ COMBINED SINGLE LIMrT
A ^NY^UTO (E..~d.,~ $ 2,000,000"
$
WORKER$SOMPEN~ATIONAND~// WC-0104203 ~ 10/01/02 10/01/03j X I*O.YUM,T$I
A ~.oYERS' U~BIUTY IL ~CH ^CaOE~rr S 1,000,000
a.L. BISEAS~ - EA EMPLOYE~ $ 1,000,000
E.L ~SF.~E - ~UC¥ U~r 1,000,000
RE: AB&R Job 603515 Bid 30t4 - Loop 288 East Temporary Traffic Diversion - Denton, Texas ~
City of Denthn is an addltienal Insured(s) on the AL palicy as mspaofs the mfe~nced contract, t---
Ci~ of Denton is an ad~itionbi insured(s) on the GL paliw to the extent of the c~verage required a~l only in the minimum amount required by contmof, ned only with r _~_ ~,~.~_ _ to
liability Bitbing out of werk done et by or on j~nbif of the named Inwared ueder such contmct.t~ of Denton is granted a waiver of subrogation on the werkem' compcmsati~l
policy es mspec~ the referenced contraof.~Said poficy shall nat be cancelisd, nonrenewd er materially change without 30 days advanced written notice being given to th Owner
(City) except when the policy is being cancelled for nonpayment of p~mlum in iMllrJt case 10 days acl~ance written notice is reduirad.~----
CERTIFICATE HOLDER I J ^rmmENA~. ~NENaED: ~NEN.EN ~.=, ,=.: CANCELLATION
CITY OF DENTON
901 B TEXAS STREET
DENTON, TEXAS 76201
ACORD 25-8 (7/97)
~ ACORD CORPORATION 1988