2002-133ORDINANCE NO. c~)~ -/~,.~
AN ORDINANCE ACCEPTING COMPETITWE BIDS AND AWARDING AN ANNUAL
PUBLIC WORKS CONTRACT FOR THE ACQUISITION OF STREET AND DRAINAGE
CONSTRUCTION PROJECTS AND MICRO SURFACING OF COLLECTOR OR ARTERIAL
STREETS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND
PROVIDING AN EFFECTIVE DATE (BID 2823- ANNUAL CONTRACTS FOR ASPHALT AND
CONCRETE STREET CONSTRUCTION, ULTRA FLOW AND RCP PIPE, BOX CULVERTS
FOR STORM SEWERS AND MICRO SURFACING, AWARDED AS LISTED IN EXHIBIT A
OF THE ORDINANCE).
WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase
of necessary materials, equipment, supplies or services in accordance with the procedures of STATE
law and City ordinances; and
WHEREAS, the City Manager or a designated employee has reviewed and recommended
that the herein described bids are the lowest responsible bids for the materials, equipment, supplies
or services as shown in the "Bid Proposals" submitted therefore; and
WHEREAS, the City Council has provided in the City Budget for the appropriation of funds
to be used for the purchase of the materials, equipment, supplies or services approved and accepted
herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the numbered items in the following numbered bids for materials,
equipment, supplies, or services, shown in the "Bid Proposals" on file in the office of the City
Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such
items:
BID ITEM
NUMBER NO VENDOR AMOUNT
2823 Concrete Street Section Jagoe Public Co. Exhibit A
2823 Asphalt Street Section Jagoe Public Co. Exhibit A
2823 Micro Surfacing of Asphalt Viking Construction, Inc. Exhibit A
Streets Section
SECTION 2. That by the acceptance and approval of the above numbered items of the
submitted bids, the City accepts the offer of the persons submitting the bids for such items and
agrees to purchase the materials, equipment, supplies or services in accordance with the terms,
specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid
Proposals, and related documents.
SECTION 3. That should the City and persons submitting approved and accepted items and
of the submitted bids wish to enter into a formal written agreement as a result of the acceptance,
approval, and awarding of the bids, the City Manager or his designated representative is hereby
authorized to execute the written contract which shall be attached hereto; provided that the written
contract is in accordance with the terms, conditions, specifications, standards, quantities and
specified sums contained in the Bid Proposal and related documents herein approved and accepted.
SECTION 4. That by the acceptance and approval of the above numbered items of the
submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the mount
and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as
authorized herein.
SECTION 5. That this ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this ay of
,2002.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPR~ ~VED AS TO LEGAL FORM:
3B-oY/}D-BID 2~23 A~nn~t f~sphalt & Concrete Sections
EXHIBIT A
BID 2823 ANNUAL CONTRACT FOR ASPHALT & CONCRETE STREET SECTIONS
ITEM J DESCRIPTION J QTY UNIT VENDOR
JAGOE PUBLIC
Principal Place of Business DENTON, TX
EXHIBIT A
BID 2823 ANNUAL CONTRACT FOR ASPHALT & CONCRETE STREET SECTIONS
ITEMI DESCRIPTION I QTY UNIT VENDOR
JAGOE PUBLIC
Principal Place of Business DENTON, TX
19 Ccmcnt for Subgradc Stabilization ARcrbcrg Limils 512 TN $ 90.00
20 Barricading for Project according to the 2000 MUTCD, $ 1,500.00
I
EXHIBIT A
BID 2823 ANNUAL CONTRACT FOR ASPHALT & CONCRETE STREET SECTIONS
JAGOE PUBLIC
13 12 EA $ 4,000.00
19 512 TN $ 90.00
VIKING
CONSTRUCTION INC
RUTTING, PUSHING, ETC.
CONTRACT AGREEMENT
STATE OF TEXAS §
COUNTY OF DENTON §
THIS AGREEMENT, made and entered into this 14~ .day of May A.D. 2002
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 Viking Construction, Inc.
2592 Shell Road
Georgetown, TX 78628
of the City of Georgetown , County of Williamson 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:
Bid 2823- Annual Contracts for Asphalt and Concrete Street Construction, Ultra Flow and RCP
Pipe, Box Culverts for Storm Sewers and Micro Surfacing (Section 6-Micro-Surfacing)
in the amount of indefinite quantity with no guaranteed minimums not to exceed $1,000,000.00 at
any time aggregate 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 ftc 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 Staff
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 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 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 WHEREOF, the parties of these presents have executed this agreement in the
year and day first above written.
ATTEST:
City of Denton
(SEAL)
ATTEST:
CONTRACTOR
APPROVED AS TO FORM:
MAILING ADDRESS
PHONE NUMBER
NUMBER
BY:
TITLE
PRINTED NAME
CItY ATTORI(IE~/ - -
(SEAL)
CA- 3
PERFORMANCE BOND
STATE OF TEXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS: That Viking Construction, Inc.
whose address is 2592 Shell Road Georgetown, TX 78628 hereinafter called Principal, and
Federal Insurance Company , a corporation organized and existing under the laws of
the State of IN , 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
$1,000,000.00 of the stated penal sum as an additional sum of money representing additional court
expenses, attorneys' fees, and liquidated damages arising out of or connected with the below
identified Contract, in lawful money of the United States, to be paid in Denton County, Texas, for
the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs,
executors, administrators, successors, and assigns, jointly and severally, fn-mly by these presents.
THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal
entered into a certain Contract, identified by Ordinance Number 2002-133 with the City of Denton,
the Owner, dated the 14~ day of May A.D. 2002 a copy of which is hereto attached and made a
part hereof, for Bid 2823- Annual Contracts for Asphalt and Concrete Street Construction, Ultra
Flow and RCP Pipe, Box Culverts for Storm Sewers and Micro Surfacing (Section 6) not to exceed
$1,000,000.00 at any time aggregate.
This bid is for an annual price agreement for concrete. No one job is expected to go above
$1,000,000. If it does, the successful vendor will be responsible for acquiring additional bonding if
aggregate jobs are in excess of $500,000.00. Upon receipt of notice of acceptance of this bid,
within thirty (30) days of the date of this proposal, the successful vendor agrees to execute the
formal contract within fifteen (15) days thereafter, and to deliver an INSURANCE certificate, a
SURETY BOND in the amount of $1,000,000 (One Million Dollars) for faithful performance of the
contract and a STATUTORY PAYMENT BOND for $1,000,000 (One Million Dollars).
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 f'mal 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 fled 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 Sta/e of Texas.
IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of which
shall be deemed an original, this the 9th day of August , 2002
ATTEST:
BY:
SECRETARY
PRINCIPAL
PRESIDENar
ATTEST:
SURETY
Federal Insurance Company,,~
The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the
process is:
NAME:
STREET ADDRESS:
FRANK SIDDONS INSURANCE
?.O. BOX ~640//
AUSTIN, TEXAS 78716
512-481-173'~
(NOTE: Date of Performance Bond must be date of Contract. If Resident Agent is not a corporation, give a
person's name.)
PB - 2
Chubb POWER Federal Insurance Company Attn.: Surety Department
Surety OF Vigilant Insurance Company 15 Mountain View Road
ATTORNEY Pacific Indemnity Company Warren, NJ 07059
KnOw NIbyTbesePmsents.'I~atFEDERALINSURANCE COMPANY,~ Indiaracoq~oraUon, VlGILANTlNSURANCE COMPANY, a New Yo~
corpondion, andPACF~lNDEMNITYCOMPANY, aW'mco~in~rporstion,~ eechhembyconstltuteandappolut Robert C. Siddons,
Steven B. Siddons, Robert C. Fricke, James F. Siddons, Samuel G. Siddons and Linda
Edwards of Austin, Texas ..........................................................
each as their true and lawful Attorney-in-Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and
on their behal! as surety thereon or othen~se, bonds and undertakings and other writings obligatory in the nature thereof (other than bail b~ds) given
or executed In the course of buslneas, and any Instruments amending or altering the same. and consents to the modification or alteration of any
instrument referred to in said bonds or obligations.
In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each
executed and attested these presents and afl. ed their co~porete seals on this 14 th day of De cemb er, 2001
Kenneth C. Wendel, Assistant Secretmy
STATE OF NEVV JERSEY ~ss
County Of Somemat J. '
o. th~ 14th~wot December,
2001 , before me, a Notary Public of New Jemey, bemonally ~ame Kenneth C. Wendel.
to me km3wn to be Assistant Seorelary ~' FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE CCNIPANY. and PACIFIC INDEMNIT~ COMPANY, the
~mpanles whkih e~ecuted Ihe foreg~ng Power of Atlome/, and the said Kenneth C. Wendat being by me duly s~om, did datx~e and say that be is Assistant
Secrataly of FEDERAL INSUR~u~ICE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and kilows lhe ceqx~ate seals thereof,
Karen A. Price n ·
)) N0 J Public State of New Jemey J.
No. 2231647
of FEOERA COMPANY..nd PAC,P,C ,NOEM.. COMPANY:
'All powers of attorney for and co behalf of the Company may and shell be executed In the name and on behalf of the Company, either by the
Chelrmso or the President or a Vice President or an Assistant Vioe President, jointly with the Secretary er an Assistant Secretary, under their
respective designations. The signature o! such offmere may be engraved, printed or Ilthogrephed. The signature of each of the foiling
officers: Chairman, President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary and the seal of the
Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or
Attorneys-in-Fact for purposes only of executing and attesting bonds and undedakings and ether writings obligatory in the nature thereof, and
any such power of attorney or ceriir~ate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and
any such power so executed and certified by such facsimile s!gnstura and facsimile seal shall be valid and binding upon the Company v~th
mspact to any bend or undertaking to which it is attached.'
I, Kenneth C. Wendel, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY
COMPANY (the 'Companies') do hereby certify that
(0 the foregoing extract of the By-Laws of the Companies is true and ccnect,
(i0 the C~mpautes am duly licecsed ecd authndzed to trsnsact surety Ix~neas ~ all SO of the United Statea of America and the District of
Columbio and are authored by the U. S. Tn~%~/Depadmeut; furlhe~, Federel and ~gitant am rtcensed in Pue~o Rino and the U. S. ~
Islands, ecd Federal is licsosed in American Sam~a, G~am, and each of the Pmvincea of Canada exce~ PHnce ~rd Is!and; and
(iii) the forgoing Power of Attorney is true, con. et and in full force and effect.
Givan under my henri and eaals of said Companiea st Warren. NJ this 9th dayof Au~;us t 2002.
IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR
NOTIFY US OF ANY OTHER MATI'ER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY
Telephone (908) 903-3485 Fax (908) 903-3656 e-mail: surety~chubb.com
PAYMENT BOND
STATE OF TEXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS: That Viking Construction, Inc., whose
address is 2592 Shell Road Georgetown, TX 78628 hereinafter called Principal, and
Federal Insurance Company , a corporation organized and existing under
the laws of the State of IN , and fully authorized to transact business in the State of
Texas, as Surety, are held and fmniy 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 $1,000,000.00 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, fn-mly 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 2002-133 with the City of Denton,
the Owner, dated the 14th day of May A.D. 2002, a copy of which is hereto attached and made a
part hereof, for Bid 2823- Annual Contracts for Asphalt and Concrete Street Construction, Ultra
Flow and RCP Pipe, Box Culverts for Storm Sewers and Micro Surfacing (Section 6) not to exceed
$1,000,000.00 at any time aggregate.
This bid is for an annual price agreement for concrete. No one job is expected to go above
$1,000,000. If it does, the successful vendor must increase his bond to that amount. Upon receipt
of notice of acceptance of this bid, within thirty (30) days of the date of this proposal, the successful
vendor agrees to execute the formal contract within ftfteen (15) days thereafter, and to deliver an
INSURANCE certificate, a SURETY BOND In the amount of $1,000,000 (One Million Dollars) for
faithful performance of the contract and a STATUTORY PAYMENT BOND for $1,000,000 (One
Million Dollars).
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.
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
shall be deemed an original, this the 9th day of August
__copies, each one of which
2002
ATTEST:
SECRETARY
PRINCIPAL
ATTEST:
BY: ~__
SURETY
~__~ral I~rance ~pany ~ ~
The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the
process is:
NAME:
FRANK SIDDONS INSURANCE
STREET ADDRESS: P.O. BOX 164077
AUSTIN, TEXAS 78716
512-481-1733
(NOTE: Date of Payment Bond must be date of Contract. If Resident Agent is not a corporation,
give a person's name.)
PB- 4
Chubb POWER Federal Insurance Company Attn.: Surety Department
OF Vigilant Insurance Company 15 Mountain View Road
Surety ATTORNEY Pacific Indemnity Company Warren, NJ 07059
Know NIby'II~eaePreaent~,ThatFEDERALIN~URAN~ECOMPANY,~ Ind~macorpomfion, VIGILANTINSURANCE COMPANY, a New Yo~
corpo~ion, and PACIF~INDEMNITYCOMPANY, aWlsconsin corporation,~ each hem~con~ltuteand aplx~nt Robert C, Siddons,
Steven B. Siddons, Robert C. Fricke, James F. Siddons, Samuel G. Siddons and Linda
Edwards of Austin, Texas ..........................................................
each as their true and lswful Altomey-in-Fact to execute under such deaignation in their names and to affix their corporate seals to and deliver for and
on their behalf as surety thereon or otherwise, bonds and undertakings and other writings obligatory in the nature thereof (other than ball bonds) given
or executed in the course of business, and any instruments amending er altering the same, and consents to the modification or alteration of any
instrument referred to in said bonds or obligations.
In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each
executed and attested these presents and afra(ed their corgarate seals on this 14 th day of Dec ember, 2001
Kenneth C. Wendel, Assistant Secretary
STATE OF NEW JERSEY '[
Onthis 14thdayot December, 2001
~.,.~"'Fre_~k E. RobertcoR, V]~r'Preaident
, befo~ me. a Nolaly Publio of New Jersey, personally came Kenneth C. Wendel,
Karen A. Price ·
Public State of New Jersey .[
Em res
~ ~ t~ By-~ ~ FEDE~L IN S U ~NC E'C~PANY,~ ~'~ ~NSU~NCE COMPANY, a~ PACIFIC INDEMNI~ COMPANY:
'All ~m of ~ f~ and ~ ~ o~ ~ ~ may a~ shall ~ ~ In ~ ~me and on ~lf of ~ C~, ~r by ~e
Chai~on or the P~e~ ~ a ~ P~ ~ ea ~ ~ p~, ~ly ~ ~e S~r~ ~ on A~I~ S~, under their
~ ~lgn~ns. ~ signa~m ~ ~ o~ ~ ~ engm~, pdnt~ ~ I~mp~. ~ s~nature of ~ch of ~ f~l~ng
offi~: Chsi~an, P~i~, any ~ Pr~nt, ~y A~i~ ~ P~e~, any S~m~, any A~nt S~ a~ ~ ~ of ~e
C~ny may ~ a~ ~ ~imils ~ a~ ~ of aff~y ~ to a~ ~e misting ther~o ap~ Assi~ S~ ~
Affom~-F~ for pu~ on~ of ~ a~ ~fing ~nds a~ unde~Hngs a~ ~h~ ~i~s ~ligato~ in ~ ~tum ~r~f, and
any ~ch ~r of affomW or ~ifi~te ~d~ su~ fa~imi~ signature or ~mile ~1 shall ~ ~1~ and bindi~ u~n ~e ~m~ny and
~ a~ s~h ~ ~ ~ and ~ ~ ~ ~imi~ signature a~ fa~imile ~1 shsil ~ ~1~ a~ ~ing u~n ~ C~ ~h
~ to any ~ ~ u~e~Hng to ~ R ~ ~.'
I, ~nn~ C. Wen~l, A~ S~re~ ~ FEDE~L INSURANCE COMPANY, ~GI~NT INSURANCE COMPANY, and PACIFIC INDEMN~
COMPA~ (~ 'Com~n~') ~ ~mby ~ ~
~ ~e fo~oi~ ~m~ ~ ~e By-~ of ~ ~ ls ~ a~ ~,
(ii) ~~d~~~~ ~ ~ U~ ~d~ ~ D~
~ a~ am a~ ~ U. S. T~ ~ ~, F~I a~ V~ ~ r~ ~ P~ R~ ~ ~ U. 8. ~
Oil) ~e fo~oi~ P~r of A~o~y b ~, ~ a~ in full f~ a~ eff~.
G~n u~r my he~ ~ ~ls ~ ~id Com~n~ ~ Waffen, NJ ~ls 9~ dayof August 2002.
Kenneth C. Wendel, Assistant Secretary
I IN THE EVENT YOU WISH TO NOTIFY US OF' A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND
OR
NOTIFY US OF ANY OTHER MATrER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR
BY
Telephone (908) 903-3485 Fax (908) 903-3656 e-mail: surety@chubb.com
IMPORTANT NOTICE
TO OBTAIN INFORMATION OR MAKE A COMPLAINT:
YOU MAY CONTACT THE TEXAS DEPARTMENT OF
INSURANCE TO OBTAIN INFORMATION ON COMPANIES,
COVERAGES RIGHTS OR COMPLAINTS AT:
1-800-252-3439
YOU MAY WRITE THE TEXAS DEPARTMENT OF INSURANCE:
P. O. BOX 149104
AUSTIN, TX 78714-9104
FAX# (512) 475-1771
You may also write to:
FEDERAL INSURANCE COMPANY
at:
Attn: Claims Department
15 Mountain View Road
Warren, NJ 07059
Fax No.: 908-903-3656 or 908-903-3485
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 2253.048, Government Code, and Section
53.202, Property Code, effective September 1, 2001.
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
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:
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, ifs· noted:
Each policy shall be issued by a company authorized to do business in the State of Texas
with an A.M. Best Company rating of at least A.
Any deductibles or self-insured retentions shall be declared in the bid proposal. If
requested by the City, the insurer shall reduce or eliminate such deductibles or
self-insured retentions with respect to the City, its officials, agents, employees and
volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and
related investigations, claim administration and defense expenses.
· Liability policies shall be endorsed to provide the following:
Name as additional insured the City of Denton, its Officials, Agents, Employees
and volunteers.
That such insurance is primary to any other insurance available to the additional
insured with respect to claims covered under the policy and that this insurance
applies separately to each insured against whom claim is made or suit is brought.
The inclusion of more than one insured shall not operate to increase the insurer's
limit of liability.
· All policies shall be endorsed to read:
"SAID POLICY SHALL NOT BE CANCELLED, NONRENEWED OR MATERIALLY
CHANGE WITHOUT 30 DAYS ADVANCED WRITTEN NOTICE BEING GIVEN TO
THE OWNER (CITY) EXCEPT WHEN THE POLICY IS BEING CANCELLED FOR
NONPAYMENT OF PREMIUM IN WHICH CASE 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
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 REQLqREMENTS:
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:
FA] A. General Liability Insurance:
General Liability insurance with combined single limits of not less than $1,000,000
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 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.
o 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 $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 slmll agree to waive all rights of subrogation
against the City, its officials, agents, employees and volunteers for any work performed for
the City by the Named Insured. For building or construction projects, the Contractor shall
comply with the provisions of Attachment 1 in accordance with §406.096 of the Texas Labor
Code and rule 28TAC 110.110 of the Texas Worker's Compensation Commission (TWCC).
[]
[]
Owner's and Contractor's Protective Liability Insurance
The Contractor shall obtain, pay for and maintain at all times during the prosecution of the
work under this contract, an Owner's and Contractor's Protective Liability insurance policy
naming the City as insured for property damage and bodily injury which may arise in the
prosecution of the work or Contractor's operations under this contract. Coverage shall be on
an "occurrence" basis, and the policy shall be issued by the same insurance company that
carries the Contractor's liability insurance. Policy limits will be at least
combined bodily injury and property damage per occurrence with a aggregate.
Fire Damage Legal Liability Insurance
Coverage is required if Broad form General Liability is not provided or is unavailable to the
contractor or if a contractor leases or rents a portion of a City building. Limits of not less
than each occurrence are required.
[]
Professional Liability Insurance
Professional liability insurance with limits not less than per claim with respect
to negligent acts, errors or omissions in connection with professional services is required
under this Agreement.
[]
Builders~ Risk Insurance
Builders' Risk Insurance, on an All-Risk form for 100% of the completed value shall be
provided. Such policy shall include as "Named Insured" the City of Denton and all
subcontractors as their interests may appear.
[1
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 requiremem will be described in the "Specific Conditions" of the contract specifications.
ATTACHMENT 1
IX]
Worker's Compensation Coverage for Building or Construction Projects for
Governmental Entities
A. Definitions:
Certificate of coverage ("certificate")-A copy of a certificate of insurance, a certificate of
authority to self-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 from the beginning of the work on the project
until the contractor's/person's work on the project has been completed and accepted by
the governmental entity.
Persons providing services on the project ("subcontractor" in §406.096) - includes all
persons or entities performing all or part of the services the contractor has undertaken to
perform on the project, regardless of whether that person contracted directly with the
contractor and regardless of whether that person has employees. This includes, without
limitation, independent contractors, subcontractors, leasing companies, motor carriers,
owner-operators, employees of any such entity, or employees of any entity which
furnishes persons to provide services on the project. "Services" include, without
limitation, providing, hauling, or delivering equipment or materials, or providing labor,
transportation, or other service related to a project. "Services" does not include
activities unrelated to the project, such as food/beverage vendors, office supply
deliveries, and delivery of portable toilets.
The contractor shall provide coverage, based on proper reporting of classification codes
and payroll amounts and ffling 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 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.
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 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.
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
Co)
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 hiluro to comply with any of these provisions is a breach of contract by
the contractor which entities 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.
PRODUCER THIS CERTIFICATE IS ISSUED AS A~ MATTER OF INFORMATION ONLY AND CONFERS
DONNA FENTRESS - FAX (877) 855-7274 No RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE
MARSH lNG, POLICY, THIS CERTIF(CATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE
500 W. MONROE STREET AFFORDED aY THE POLICIES DESCRIBED HEREIN.
CHICAGO, IL 60661 COMPANIES AFFORDING COVERAGE
COMPANY
A ZURICH AMERICAN INSURANCE COMPANY
INSURED COMPANY
VIKING CONSTRUCTION INC. B
A~'N: RUSTY BOWMAN
2592 SHELL ROAD COMPANY
GEORGETOWN, TX 78628-0255 C
COMPANY
D
A GENERAL LIABIUTY GLC 6821103-10 01/01/02 01/01/05 GENERAL AGGREGATE $ 2,000,000
~- COMMERCIALGENERALLIABIU~ PRODUCTS-COMPIOPAGG $ 2,000,000
!i~' X [ CLAIMS MACE [] OCCUR PERSONAL & ADVINJURY $ 2,000,000
__ OWNER'S & CONTRACTOR'S PRO'~ EACH QCCURRENCE $ 2,000,000
__ FIRE DAMAGE {An}' one tim) $ 100,000
MED EXP (Any one pemon) $
A AUTOMOBILE LIABILITY BAR 6821110-08 01/01/02 01/01/05 COMBINED SINGLE LIMIT $ 1,000,900
A ~- ANYAUTO MA 6821105-08 01/01/02 01/01/05
A __ ALLOWNEDAUTOS TAP6821106-08 01/01/02 01/01/05 BODILYINJURY $
A __ SCHEDULEDAUTOS BAP8374305-04 01/01/02 01/01/05 (Perperson)
A __ HIREGAUTOS a BAP8374302-04 01/01/02 01/01/05 BODILY INJURy $
A __ NON~OWNEDAUTOS MA 8374301-04 01/01/02 01/01/05 (Peraccident)
A TAP 8374303-04 01/01/02 01/01/05
A -- BAP 8374304-04 01101102 01/01/05 PROPERTY DAMAGE $
ANY AUTO OTHER THAN AUTO ONLY:
A WORKERS COMPENSATION ANDEMPLOYERS, LIABILITY WC 6821108-07 (ADS) 01/01/02 01/01/05 X[ToRyWC STATU-LiMiTS I I
A WC 6821104-07 (MA,WI) 01/01/02 01/01/05 EL EACH ACCIDENT $ 1,000,000
A THE PROPRIETOR/ [~ INCL WC 6821159-07 (CA) 01/01/02 01/01/05 EL DISEASE-POLICY LIMIT $ 1,000,000
CITY OF DENTON, ITS OFFICIALS, AGENTS, EMPLOYEES AND VOLUNTEERS ARE INCLUDED AS ADDITONAL INSUREDS UNDER THE ABOVE
REFERENCED GENERAL LIABILITY POLICY, SUBJECT TO ITS TERMS TERMS & CONDITIONS, BUT ONLY FOR THIRD PARTY CLAIMS AGAINST AN
ADDITIONAL INSURED ARISING FROM ~"tE SOLE NEGLIGENCE OF THE INSURED AND ONLY TO THE EXTENT REQUIRED BY WRITTEN
CONTRACT. TRE INSURER AGREES TO WAIVE ITS RIGHT OF SUBROGATION AGAINST THE CERTIFICATE HOLDER TO THE EXTENT REQUIRED
CITY OF DENTON CER~iFtCATE HOLDER NAMED
A~IN:MS. DENISE HARPOOL
901B TEXAS STREET ~Ec~,'~Y~x~,~,~l~x~a - ~xxx.~
DENTON, TX 76201 xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx~xxxxxxxxx~xxxxxx~x~
PRODUCER
DONNA FENTRESS - FAX (877) 855-7274
MARSH INC.
500 W. MONROE STREET
CHICAGO. IL 60661
VIKING CONSTRUCTION INC.
A'[TN: RUST? BOWMAN
2592 SHELL ROAD
GEORGETOWN, TX 78628-0255
CONTINUED FROM DESCRIPTION SECTION:
OOMPAN~E8 AFFORDING OOVERAGE
COMPANY
E
COMPANY
F
COMPANY
G
COMPANY
H
UNDER WRI'ITEN CONTRACT WITH THE NAMED INSURED FOR WORKERS COMPENSATION COVERAGE ONLY.
CITY OF DENTON
A~IN:MS, DEN[SE HARPOOL
901B TEXAS STREET
DENTON, TX 76201
INCLUDES COPYRIGHTED MATERIAL OF ACORD CORPORATION WITH ITS PHRMISSION.
CONTRACT AGREEMENT
STATE OF TEXAS
COUNTY OF DENTON §
THIS AGREEMENT, made and entered into this 14~ day of May A.D., 2002
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 Jagoe Public Co.
P O Box 250
Denton, TX 76202
of the City of Denton , County of Denton
and State of Texas , hereinafter termed "CONTRACTOR."
WITNESSETH: That for and in consideration of the payments and agreements hereinafter
mentioned, to be made and performed by OWNER, and under the conditions expressed in the bonds
attached hereto, CONTRACTOR hereby agrees with OWNER to commence and complete
performance of the work specified below:
Bid 2823- Annual Contracts for Asphalt and Concrete Street Construction, Ultra Flow and RCP
Pipe, Box Culverts for Storm Sewers and Micro Surfacing (Section 1 - Concrete Street Sections and
Section 2 - Asphalt Street Sections
in the amount of indefinite quantity with no guaranteed minimums not to exceed $1,000,000.00 at
any time aggregate 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 ftie 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:
CA-1
City of Denton Staff
all of which are referenced herein and made a part hereof and collectively evidence and constitute
the entire contract.
Independent Status
It is mutually understood and agreed by and between City and Contractor that Contractor is
an independent contractor and shall not be deemed to be or considered an employee of the City of
Denton, Texas, for the purposes of income tax, withholding, social security taxes, vacation or sick
leave benefits, worker's compensation, or any other City employee benefit. City shall not have
supervision and control of Contractor or any employee of Contractor, and it is expressly understood
that Contractor shall perform the services hereunder according to the attached specifications at the
general direction of the City Manager of the City of Denton, Texas, or his designee under this
agreement.
Indemnification
Contractor 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
fane stated in the Proposal, subject to such extensions of time as are provided by the General and
Special Conditions.
The OWNER agrees to pay the 'CONTRACTOR in current funds the price or prices shown
in the Proposal, which forms a part of this contract, such payments to be subject to the General and
Special Conditions of the Contract.
CA - 2
IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the
year and day frrst above written.
ATTEST:
Citv of Denton
ATTEST:
(SEAL)
CONTRACTOR
A PPR OVE/~ ~ TO FOI
CITY AT~OTORNE~
Denton, Tx 76202
MAILING ADDRESS
PHONE NUMBER
FAX NUMBER
-~I~TLE *'
PRINTED NAME
(SEAL)
CA - 3
BOND NO. ST3267
PERFORMANCE BOND
STATE OF TEXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS: That Jagoe Public Co. whose address is
P.O Box 250, Denton, TX 76202 hereinafter called Principal, andsT. ?AUL FIRE AND KARINE I~SlIRANCE
a corporation organized and exist'rog under the laws of the State of M±nnesota ., and fully ~ COm?A~Y
authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the
City of Denton, a municipal corporation organi?ed and existing under the laws of the State of Texas,
hereinafter called Owner, in the penal sum of $1,000,000.00 of the stated penal sum as an additional
sum of money representing additional court expenses, attorneys' fees, and liquidated damages
arising out of or connected with the below identified Contract, in lawful money of the United States,
to be paid in Denton County, Texas, for the payment of which sum well and truly to be made, we
hereby bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and
severally, firmly by these presents.
THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal
entered into a certain Contract, identified by Ordinance Number 2002-133 with the City of Denton,
the Owner, dated the 14~ day of May A.D. 2002 a copy of which is hereto attached and made a
part hereof, for Bid 2823- Annual Contracts for Asphalt and Concrete Street Construction,
Ultra Flow and RCP Pipe, Box Culverts for Storm Sewers and Micro Surfacing (Sections 1 & 2) not
to exceed $1,000,000.00 at any time aggregate.
This bid is for an annual price agreement for concrete. No one job is expected to go above
$1,000,000. If it does, the successful vendor will be responsible for acquiring additional bonding if
aggregate jobs are in excess of $500,000.00. Upon receipt of notice of acceptance of this bid, within
thirty (30) days of the date of this proposal, the successful vendor agrees to execute the formal
contract within fifteen (15) days thereafter, and to deliver an INSURANCE certificate, a SURETY
BOND in the amount of $1,000,000 (One Million Dollars) for faithful performance of the contract
and a STATUTORY PAYMENT BOND for $1,000,000 (One Million Dollars).
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulftll 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 fried 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 4
shall be deemed an original, this the 2 day of August
__ copies, each one of which
, 2002
ATTEST: PRINCIPAL
~ECRETARS./
JAGOE PUBLIC CO.
IJ ~ t ~ Pi~ESIDENT ~ '
ATTEST: SURETY
Christine Davis
ST. PAUL FIRE AND M~RINE INSURANCE COMPANY
ATTORNEY-IN-F)kC-T
Rosemary Weaver
The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the
process is:
NAME: Willis of Texas, Inc.
STREET ADDRESS: 13355 Noel Road, Suite 400, Dallas, Texas, 75240
(NOTE: Date of Performance Bond must be date of Contract. If Resident Agent is not a corporation, give a
person's name.)
PB - 2
BOND NO. ST3267
PAYMENT BOND
STATE OF TEXAS
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS: That Viking Construction, Inc., whose
address is 2592 Shell Road Geoygetov(n, TX 78628 hereinafter called Principal, and
ST. PAUL FIRE AND MARINE INSURANCE COMPANY , a corporation organized and existing under
the laws of the State of Minnesota ., 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 existing under the laws of the State of Texas, hereinafter called Owner, and unto all
persons, f~rms, and corporations who may fUrnish materials for, or perform labor upon, the building
or improvements hereinafter referred to, in the penal sum of $1,000,000.00 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, admim'strators, successors, and
assigns, jointly and severally, firmly by these presents. This Bond shall automatically be increased
by the amount of any Change Order or Supplemental Agreement 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 2002-133 with the City of Denton,
the Owner, dated the 14th day of May A.D. 2002, a copy of which is hereto attached and made a
part hereof, for Bid 2823- Annual Contracts for Asphalt and Concrete Street Construction, Ultra
Plow and RCP Pipe, Box Culverts for Storm Sewers and Micro Surfacing (Sections 1 & 2) not to
exceed $1,000,000.00 at any time aggregate.
This bid is for an anuual price agreement for concrete. No one job is expected to go above
$1,000,000. If it does, the successfUl vendor must increase his bond to that amount. Upon receipt
of notice of acceptance of this bid,. within thirty (30) days of the date of this proposal, the successfUl
vendor agrees to execute the formal contract within fifteen (15) days thereafter, and to deliver an
INSURANCE certificate, a SURETY BOND in the amount of $1,000,000 (One Million Dollars) for
faithful performance of the contract and a STATUTORY PAYMENT BOND for $I,000,000 (One
Million Dollars).
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 ali
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.
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
shall be deemed an original, this the 2 day of August
4 copies, each one of which
2002
ATTEST:
SECRETARY
PRINCIPAL
JAGOE PUBLIC CO.
V',~ ~. PRESIDENT
ATTEST:
SURETY
ST. PAUL FIRE AND MARINE INSURANCE COMPANY
BY:
ATTORNEY-IN-btACT
Rosemary Weaver
The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the
process is:
NAME: Willis of Texas, Inc.
STREET ADDRESS: 13355 Noel Road, Suite 400, Dallas, Texas 75240
(NOTE: Date of Payment Bond must be date of Contract. If Resident Agent is not a corporation,
give a person's name.)
PB-4
'meStraul
POWER OF ATTORNEY
Seaboard Surety Company United States Fidelity and Guaranty Company
St. Paul Fire and Marine Insurance Company Fidelity and Guaranty Insurance Company
St. Paul Guardian Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc.
St. Paul Mercury Insurance Company
Power of Attorney No. 23335 Ce~,,c.,eNo. 1 3 j_ 1. 8 G2
KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, and that
St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company we corporations duly organized under
the laws oF Ihe State of Minnesota, and that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, and
that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws ol the State of Iowa. and that Fidelity and Guaranty Insurance
Underwriters. Inc. is a corporation duly organized under the laws of the State of Wisconsin (hereh~ collectively called the "Compalties'). and that the Companies do
hereby make, constitute and appoint
Jeff Mclntosh, D. Gregory StiRs and Rosemary Weaver
of the City of Dallas Sta~exas their toe and htwlul Attorney(si-in-Fact,
each in their separate capacity if more than one is named above, to sign its name as surety to, and to execute, seal and acknowledge any and all bonds, underttddngs,
contracts and other written instruments in the nature thereof on behalf or' the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the
perfomaance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
IN WITNESS WHEREOF. the Companies have caused this instrument to be signed and sealed this 22nd day of May
2002
Seaboard Surety Company
St. Paul Fire and Marine Insurance Company
St. Paul Guardian Insurance Company
St. Paul Mercury Insurance Company
On this 22nd day of May
United States Fidelity and Guaranty Company
Fidelity and Guaranty Insurance Company
Fidelity and Guaranty Insurance Underwriters, Inc.
JOHN F PHINNEY, Vice President
THOMAS E. BUIBREGTSE, Assistant Secretary
2002 . belBre me, the undersigned oll]cer, personally appeared John E Phinney and
Thomas E. Huibregtse, who acknowledged themselves to be the Vice President and Assistant Secretary, respectively, o~' Seaboard Surety Company, St. Paul Fire and
Marine Insurance Company, St. Paul Guardian Insurance Company. St. Paul Mercury Insurance Company~ United States Fidelity and Guaranty Company, Fidelity and
Guaranty Insurance Company. and Fidelity and Guaranty Insurance Underwriters, Inc,; and that the seals affixed to the foregoing instrument are the corporate seals of
said Companies; and that they, as such, being authorized so to do. executed the foregoing inslrument tbr the purposes therein contained hy signing the names of the
corporations by themselves as duly authorized officers,
In Witness Whereof, 1 hereunto set my hand and official seal.
My Commission expires the 13th day of July. 2002.
REBECCA EASLEY-ONOKALA, Notary Public
86203 Rev. 7-2000 Printed in U.S.A.
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Seaboard Surety Company, St. Paul
Fire and Marine Insurance Company, St. Paul Guardian Insurance Company. St. Paul Mercury Insurance Company. United States Fideli(y and Guaranty Company,
Fidelity and Guaranty hlsurance Company. and Fidelity and Guaranty Insurance Underwriters. Inc. on September 2. 1998, which resolutions are now in full force and
effect, reading as follows:
RESOLVED, that in connection with the fidelity and surety insurance business of the Company, all bonds, undertakings, contracts and other instruments relating
to said business may be signed, executed, and acknowledged by persons or entities appointed as Attorney(s)-in-Fact pursuant to a Power o? Attorney issued in
accordance with these resolutions. Said Power(s) of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the
Colnpany, either by the Chairman. or the President, or any Vice President, or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary,
under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the foregoing officers and
the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Atturney(s)-in-Fact for purposes
only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and subject tu any linritafions set forth therein, any
such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall he valid and binding upon the Company, and any such power so
executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to
which it is validly altached; and
RESOLVED FURTHER, that Attorney(s)-in-Fact shall have the power and authority, and, in any case. subject to the terms and limitations of the Power of
Attumey issued them, Io execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings, and other
writings obligatory in the nature thereof, and any such instrument executed by such Attorney(s)-in-Fact shall be as binding upon the Company as if signed by an
Executive Officer and sealed and attested to by the Secretary of the Company.
I, Thomas E. Huthregtse, Assistant Secretary of Seaboard Surety Company, St. Paul Fire and Marine Insurance Company. St. Paul Guardian Insurance Company,
St. Paul Mercury Insurance Cmnpany, United States Fidelity and Guaranty Company, Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance
Underwriters. Inc. do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force
and efiEct and has not been revoked.
IN TESTIMONY WHEREOF, I hereunto set my hand this
day of ~
Thomas E. Huibregtse. Assislant Secretary
To verify the authenticity of this Power of Attorney, call 1-800-421.3,880 and ask for the Power of Attorney clerk. Please refer to the Power of Attorney number,
the above-named itldividttals and the details of the bond to which the power is attached.
StRaul Surety
IMPORTANT NOTICE:
To obtain information or make a complaint:
You may contact the Texas Department of Insurance to obtain information on companies,
coverages, rights or complaints at:
1-800-252-3439
You may write the Texas Department of Insurance at:
P.O. Box 149104
Austin, TX 78714-9104
FAX # 1-512-475-1771
Your notice of claim against the at~ached bond may be given to the surety company that issued
the bond by sending it to the following address:
Mailing Address: St. Paul Surety Claim
P.O. Box 4689
Federal Way, WA 98063-4689
Physical Address: St. Paul Surety Claim
31919 First Avenue South
Suite 100
Federal Way, WA 98003
You may also contact the St. Paul Surety Claim office by telephone at:
Telephone Number: 1-253 -945-1545
PREMIUM OR CLAIM DISPUTES:
If you have a dispute concerning a premium, you should contact the agent first. If you have a
dispute concerning a claim, you should contact the company first. If the dispute is not resolved,
you may contact the Texas Department of Insurance.
ATTACH THIS NOTICE TO YOUR BOND:
This notice is for information only and does not become a part or condition of the attached
document.
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
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:
Without limiting any of the other obligations or liabilities of the Contractor, the Contracto) 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, ifs· noted:
Each policy shall be issued by a company authorized to do business in the State of Texas
with an A.M. Best Company rating of at least A.
Any deductibles or self-insured retentions shall be declared in the bid proposal. If
requested by the City, the insurer shall reduce or eliminate such deductibles or
self-insured retentions with respect to the City, its officials, agents, employees and
volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and
related investigations, claim administration and defense expenses.
· Liability policies shall be endorsed to provide the following:
Name as additional insured the City of Denton, its Officials, Agents, Employees
and volunteers.
That such insurance is primary to any other insurance available to the additional
insured with respect to claims covered under the policy and that this imurance
applies separately to each insured against whom claim is made or suit is brought.
The inclusion of more than one insured shall not operate to increase the insurer's
limit of liability.
· All policies shall be endorsed to read:
"SAID POLICY SHALL NOT BE CANCELLED, NONRENEWED OR MATERIALLY
CHANGE WITHOUT 30 DAYS ADVANCED WRITTEN NOTICE BEING GIVEN TO
THE OWNER (CITY) EXCEPT WHEN THE POLICY IS BEING CANCELLED FOR
NONPAYMENT OF PREMIUM IN WHICH CASE 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
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:
[X] A. General Liability Insurance:
General Liability insurance with combined single limits of not less than $1,000,000
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 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 shah 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.
[X] Automobile Liability Insurance:
Contractor shall provide Commercial Automobile Liability insurance with Combined Single
Limits (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 City by the Named Insured. For building or construction projects, the Contractor shall
comply with the provisions of Attachment 1 in accordance with §406.096 of the Texas Labor
Code and rule 28TAC 110.110 of the Texas Worker's Compensation Commission (TWCC).
[]
Owner's and Contractor's Protective Liability Insurance
The Contractor shall obtain, pay for and maintain at all times during the prosecution of the
work under this contract, an Owner's and Contractor's Protective Liability insurance policy
naming the City as insured for property damage and bodily injury which may arise in the
prosecution of the work or Contractor's operations under this contract. Coverage shall be on
an "occurrence" basis, and the policy shall be issued by the same insurance company that
carries the Contractor's liability insurance. Policy limits will be at least
combined bodily injury and property damage per occurrence with a aggregate.
[]
Fire Damage Legal Liability Insurance
Coverage is required if Broad form General Liability is not provided or is unavailable to the
contractor or if a contractor leases or rents a portion of a City building. Limits of not less
than each occurrence are required.
[]
Professional Liability Insurance
Professional liability insurance with limits not less than per claim with respect
to negligent acts, errors or omissions in connection with professional services is required
under this Agreement.
[]
Builders' Risk Insurance
Builders' Risk Insurance, on an All-Risk form for 100% of the completed value shall be
provided. Such policy shall include as "Named Insured" the City of Denton and all
subcontractors as their interests may appear.
[]
Additional Insurance
Other insurance may be required on an individual basis for extra hazardous contracts and
specific service agreements. If such additional insurance is required for a specific contract,
that requirement will be described in the "Specific Conditions" of the contract specifications.
ATTACHMENT 1
IX]
Worker's Compensation Coverage for Building or Construction Projects for
Governmental Entities
A. Definitions:
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 from the beginning of the work on the project
until the contractor's/person's work on the project has been completed and accepted by
the governmental entity.
Persons providing services on the project ("subcontractor" in §406.096) - includes all
persons or entities performing all or part of the services the contractor has undertaken to
perform on the project, regardless of whether that person contracted directly with the
contractor and regardless of whether that person has employees. This includes, without
limitation, independent contractors, subcontractors, leasing companies, motor carriers,
owner-operators, employees of any such entity, or employees of any entity which
furnishes persons to provide services on the project. "Services" include, without
limitation, providing, hauling, or delivering equipment or materials, or providing labor,
transportation, or other service related to a project. "Services" does not include
activities unrelated to the project, such as food/beverage vendors, office supply
deliveries, and delivery of portable toilets.
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 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.
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 ~e 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.
The contractor shall notify the governmental entity in writing by certified mail or
personal delivery, within 10 days after the contractor knew or should have known, of
any change that materially affects the provision of coverage of any person providing
services on the project.
H. The contractor shall post on each project site a notice, in the text, form and manner
prescribed by the Texas Workers' Compensation Commission, informing all persons
providing services on the project that they are required to be covered, and stating how a
person may verify coverage and report lack of coverage.
I. The contractor shall contractually require each person with whom it contracts to provide
services on a project, to:
(1)
provide coverage, based on proper reporting of classification codes and payroll
amounts and filing of any coverage agreements, which meets the statutory
requirements of Texas Labor Code, Section 401.011(44) for all of its employees
providing services on the project, for the duration of the project;
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 or 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
Co)
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 requke 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 report'mg 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.
08/28/2002 15:23 FA~ 940 382 9732 JAGOE PUBLIC CO
Page: OOZ-O03
ACORD,. CERTIFICATE OF LIABILITY INSURANCE
~]002
PRODUCER (940) 382-9691
R~y & King [nsurance
830 South 1-35£, ~ulte A
Denton, TX 76205-7829
(940) 243-1050
3sgoe Public Company, Inc.
Bill Cheek
P 0 Box 2SO
De,ton, TX 76202
THI~ CERTIFICATE la IssUED A~ A MATTER OF INFORMATION
ONLY AND CONFERa NO RIGHTS U~)N THE CEKTIRCATE
HOLDER. THIS CERTIFICATE DO£~ NOT A~END, EXTEND OR
ALTER THE COVERAGE AFFORDED BY TH; POUC1ES BELOW.
INaURERe ArFOROINe COVERAeE
m~u~ ~: T rave'lets L1 oyds
~: Pho~ix l'nsur~ce
Travelers :Insurance Co_
T~ave~e~s Znd~tty o~
THE POLI'CIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE IN3URED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
b~maR~. ~.~lttW ,O'~91DZ27A 3.0/01/2001 10/01/2002 ~ 0CCU~. g~CE s 1,000 ~ 00(
-~- COMMERCIAL ~ERAL LIA~LITY FIRE DN~C-E
A -- p~c~l~c & Aov I~auR¥ t 21000~ OO(
~o~oelcec~,~ :AP49].02293 I 10/01/2'O0[ 10/01/2002 COM~iNEOSlNGLELiMiT
B ~ ~MEPueEo~ (Per~
;xc;ss Lm~ :UP49102~l ~0/01/2001 10/01/2~2 ;~ ~cc~
~ ~ 5,000~0~
~ G~ ~ ~491D2256 10/01/2001 10/01/2OOZ ~ ~mMns
O ~L, ~ ~C~ s 1,000 t O~
[,k, DI$~ - ~ICY LIMIT J 1,0001000
City of Denton, ~s officials, agents, employ~ and volunteem are sh~ as additional Insured. ~Rifioate holder
sho~ as additional insure,
lot storm sew~ ~
~ERTIFICATE HOLDER ^=emoaAc ~; ~ :~., __ CANCELLATION
City of Denton
90lB Texas
Denton, Tx_ 76201
ACORD ~
~d percy ~ not be ~d, m~mw~d ~r ~tedally change~ vaE~
30 ~ 8dvan~ valltefl n~ bet~g g~Ven to the ~er, except v,~en ~e
p~icy is being cancelled for ,,,..,payment of premix'n, in which ce.~. qo
days w~ten notice is required.
Jam~ ~. King
~ACORD CORPORATION 1988
JAGOE PUBLIC CO [~00~
08/28/2002 15:23 FA~ 940 382 9732
P&ge: 003-003
IMPORTANT
the certificate holder is an ADDITIONAL INSURED, the polioy(ies) must be e~ldorsed. A statsment
on this certificate does not confer rights to the certi[icate holder in lieu of ssoh endorsement(s).
If SUBROGATION IS WAIVED, subject to the ~erms and conditions of the policy, certain policies may
require an endorsement. A statemen~ on this certlri~ate does not ¢ortler rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insuranco on the reverse side of this form does not constitute a contract between
the Issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the C~Verage afforded by the p~licles listed thereon.
ACORD 25-6