2000-280 ORDINANCE NO ~'~00-~0
AN ORDINANCE AME~ING O~INANCE NO (2000-~ 4 I) BY CANCELING T.E ^WARD
OF BID 2480 TO P^TmCr BROTHERS PXn,~TIN~ CONTRACTORS AN~ IN LmU
T.~REOF ^W~ T~E PUBLIC WO~S CONTRACT FOR T~E PAINTING OF FUEL
TANKS AT THE MUNICIPAL POWER PLANT, BID 2547 TO A-AGAPE CONTRACTING
INC IN THE AMOUNT OF $74,369, AND PROVIDING AN EFFECTIVE DATE (BID 2547 -
PAINTING OF FUEL TANKS, GENERATOR HOUSING AND TRANSFORMERS AWARDED
TO A-AGAPE CONTRACTING INC IN THE AMOUNT OF $74,369)
WHEREAS, on April 18, 2000, per Ordinance No (2000-141) the City Council awarded a
contract to Patrick Brothers Painting Contractors for pmnttng of fuel tanks, generator housing and
transformers m the amount of $61,284, and
WHEREAS, Patrick Brothers defaulted under such contract and was unable to provide
~nsurance and bonding, Pamck Brothors Painting Contractors has been notified and has accepted
termination of the contract, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the contract wtth Patrick Brothers Pmnt~ng Contractors regar&ng B~d
2480 ~s cancelled and ~n heu thereof Ordinance No (2000-141) ~s amended and such contract ~s
awarded to A-Agape Contracting Inc (Bad 2547) ~n the amount of $74,369, and the expenditure of
funds ~s hereby authorized
SECTION II That th~s ordmance shall become effective ~mmedmtely upon ~ts passage and
approval
PASSED AND APPROVED thru Or~tZc day of ,(~//~t~//- ,2000
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
BID 2547 CHANGE IN CONTRACT STANDARD SUPPLY & SERVICE ORDINANCE 2000
TABULATION SHEET
B~d # 2547 Date 8/1/00
PAINTING OF FUEL TANKS, GENERATOR HOUSING & TRANSFORMER
A-AGAPE
~1 ~ CERTA PRO CERTA PRO CERTA PRO
~ , CONTRACTING,
5' ~ PAINTERS #1 PAINTERS #2 PAINTERS #3
Pnnclple Place of Bus~ness Dallas, TX Dallas, TX Dallas, TX Gladewater, TX
FUEL OIL TANK#1 14,755 00 16,137 00 16,753 00 10,052 00
FUEL OIL TANK #2 14,755 00 16,137 00 16,753 00 2,018 00
A
FUEL OIL TANK #3 51,222 00 56,035 00 57,525 00 10,052 00
FUEL OIL TANK #4 4,051 00 4,431 00 4,595 00 20,013 00
Ol DIESEL GENERATOR 3,403 00 3 723 00 3,860 00 9,487 00
HOUSING D2 DIESEL
B GENERATOR HOUSING 3,403 00 3,723 00 3,860 00 9487 00
TRANSFORMER #3 6,160 00 6,525 00 6,682 00 1,638 00
TRANSFORMER #4 20,105 00 21,298 00 21,809 00 5,615 00
C
TRANSFORMER #5 20,105 00 21,298 00 21,809 00 4,980 00
TRANSFORMER RES 2,880 00 3,050 00 3,124 00 1,027 00
ADDENDUM #1 Yes Yes Yes Yes
$ 140,839 00 $ 152,357 00 $ 156,770 00 $ 74,369 00
CONTRACT AGREEMENT
STATE OF TEXAS §
COUNTY OF DENTON §
THIS AGREEMENT, made and entered into this 5 day of ,q~?temh~r
A D , 2000, by and between C~ nf 13~ntnn
of ~e Co~ of Dnntnn ~d State of Texas, acting ~rough Mmhn~l
~ereunto duly au~or~ed so to do, herem~er te~ed "OWNER," ~d
A-AEa? ~nntr~tmg. Ina
of the C~ty of Ceh~, Co~ of Gregg ~d S~te of Texas, hcrc~er
"CON~CTOR"
WITNESSETH Tha~ for ~d m consideration of ~e payments ~d agreements
hcre~er mentionS, to be ~de ~d perform~ by OWNER, ~d under ~e conditions
expressed m ~e bonds a~ch~ hereto, CONT~CTOR hereby agrees w~ OWNER
co~ence and complete pcrfo~ce of ~e work specffied below
Rid 2~&T - Palntln~ ~f ~nel Tank~, ~enernmr ~nllgln~ and Tranefnrmere
m ~e ~o~t of $7~.a60 ~d ~1 exffa work ~n co~ectmn ~erew~th, under ~e terms as
stated in the Gener~ Cond~tmns of ~e agreement, and at h~s (or ~etr) own proper cost and
expense to ~rmsh all maten~s, supphes, mchmeu, eqmpment, tools, supenntendence,
labor, msur~, ~d o~er accessories ~d services necess~y to complete ~e work specffied
above, m accor~ce w~ ~e conditions and prices stated m ~e Proposal and the Perform~ce
~d Payment Bonds, a~ched hereto, ~d m accordance w~ all the General Cond~tmns of ~e
Agreement, ~e Specml Condtt~ons, ~e Not~ce to B~dders (Advertisement for B~ds), ~d
Instructlons to B~dders, as referenced here~n ~ on file ~n ~e office ~rchas~ng Agent,
and m acmrd~ce w~th ~e plus, which ~ncludes all maps, pla, ~epnnts, ~d o~er
drawings ~d pnnted or wrt~en expiratory ~er ~ereof,
CA- 1
and the Specifications therefore, as prepared by
~lty ~ Dent~n l~n~neerln~ l~e?nrtment
all of which are referenced herein and made a part hereof and collectively evidence and
constitute the enUre contract
Independent Status
It is mutually understood and agreed by and between City and Contractor that
Contractor xs an independent contractor and shall not be deemed to be or constdered an
employee of the City of Denton, Texas, for the purposes of income tax, wlthholdmg, social
security taxes, vacation or sxck leave benefits, worker's compensation, or any other City
employee benefit Ctty shall not have supervision and control of Contractor or any employee
of Contractor, and ~t is expressly understood that Contractor shall perform the servtces
hereunder according to the attached speed'lcatlons at the general direction of the City Manager
of the City of Denton, Texas, or his desxgnee under this agreement
Indemniflcatmn
Contractor shall and does hereby agree to mdemmfy and hold harmless the City of
Denton from any and all damages, loss, or liability of any kind whatsoever, by reason of injury
to property or third persons occasioned by any error, omissxon or neghgent act of Contractor,
xts officers, agents, employees, mvltees, and other persons for whom xt ~s legally liable, w~th
regard to the performance of this Agreement, and Contractor will, at its cost and expense,
defend and protect the City of Denton against any and all such clam and demands
Chmce 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 he m 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 m written notice to commence work and complete all work
within the tune stated m the Proposal, subject to such extensions of tune as are provided by the
General and Special Condmons
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 Condtuons of the Contract
CA - 2
IN WITNESS WHEREOF, the pames of these presents have executed th~s agreement
m the year and day first above written
__,9,)EST }
(SEAL)
MAILING ADDRESS
PHONE NUMBER
FAX NUMBER
TITLE
APPROVED AS TO ! ~RM P~NTED NAME
CA - 3
PERFORMANCE BOND
STATE OF TEXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS That
whose address is 6f~l[ I~nmel ~qt , ~lattexxtater, TX 7~i6d-7, hereinafter called Principal, and
, a corporatmn organized and
existing under the laws of the State of ., and fully authorized to transact
bnstness m the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a
mumclpal corporation orgamzed and existing under the laws of the State of Texas, hereinafter
called Owner, in the penal sum of ~eventy l~cmr Thcmnancl Three [l'nndred ~q~xty Nme and
n,,/lf}~ DOLLARS ($74,369) plus ten percent of the stated penal sum as an additional sum of
money representing additional court expenses, attorneys' fees, and liquidated damages arising
out of or connected with the below ldentffied Contract, m lawful money of the United States,
to be pard in Denton County, Texas, for the payment of which sum well and truly to be made,
we hereby brad ourselves, our heirs, executors, administrators, successors, and assigns, jointly
and severally, fuTaly by these presents This Bond shall automatically be ~ncreased by the
amount of any Change Order or Supplemental Agreement wMch ~ncreases the Contract price,
but in no event shall a Change Order or Supplemental Agrcemcnt which reduces the Contract
price decrease the penal sum of th~s Bond
THE OBLIGATION TO PAY SAME is conditioned as follows Whereas, the
Pnnclpal entered into a certmn Contract, identified by Ordinance Number ¢flofl-gRo , with
the City of Denton, the Owner, dated the 5 day of September A D 9.000, a copy of
which 15 hereto attached and made a part hereof, for n~rl 9.sid.7 - Painting nf l~nel TankR;
~eneratnr ~-]'flllglng and Tranc~fnrmer~
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 w~thout 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 anthor~zed 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 fadure to so perform
herein and shall fully reunburse and repay Owner all outlay and expense whmh the Owner may
incur in making good any default or deficiency, then this obhgat~on shall be yoM, otherwise, tt
shall remain in full force and effect
PB - 1
PROVIDED FURTHER, that If any legal action be filed upon this Bond, exclustve
venue shall lie m Denton County, State of Texas
AND PROVIDED FURTHER, that the satd Surety, for value received, hereby
stipulates and agrees that no change, extenston of ttme, 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 m anywise affect its obligation on this Bond,
and xt does hereby watve notice of any such change, extenston of time, alteration or addition to
the terms of the Contract, or to the Work to be performed thereunder, or to the Plans,
Specifications, Drawmgs, etc
Thts 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
Resldedt Agent m Denton County to whom any requisite notices may be delivered and on
whom service of process may be had nt matters arising out of such suretyship, as provided by
Arttcle 7 19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas
IN WITNESS WHEREOF, this instrument ts executed in 4 copies, each one of which
shall be deemed an original, this the 5 day of Rept~mh~r , 9f~
ATTEST PRINCIPAL
BY
SECRETARY BY
PRESIDENT
ATTEST SURETY
BY
BY
ATTORNEY-IN-FACT
The Resident Agent of the Surety m Denton County, Texas for delivery of notice and service
of the process is
lAME
STREET ADDRESS
(NOTE Date of Performance Bond must be date of Contract If Restdent Agent ts not a
corporatton, give a person's name )
PB - 2
PAYMENT BOND
STATE OF TEXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS That A-^gape CcmtraetmE~
whose address is 6oq Daniel ~qt , Glad.water: TX 76647, hereinafter called Pnnclpal, and
a corporatton organized and
existing under the laws of the State of , and fully authorized to transact business
m the State of Texas, as Surety, are held and firmly bound unto the Ctty of Denton, a
mumctpal corporation organized and existing under the laws of the State of Texas, heremafter
called Owner, and unto all persons, firms, and corporatmns who may furnish materials for, or
perform labor upon, the haddmg or maprovements hereinafter referred to, in the penal sum of
Seventy l~nllr Thnuannd Thre~e ghmdrod RIxty Nine and nn/lOfl DOLLARS ($74,369) in
lawful money of the Umted States, to be paid m Denton, County, Texas, for the payment of
which sum well and truly to be made, we hereby bind ourselves, our heirs, executors,
admmlstrators, successors, and assigns, jomtly and severally, firmly by these presents This
Bond shall automatically be increased by the amoum of any Change Order or Supplemental
Agreement which mcreases the Contract price, but m no evem shall a Change Order or
Supplemental Agreement which reduces the Contract price decrease the penal sum of th~s
Bond
THE OBLIGATION TO PAY SAME is conditioned as follows Whereas, the
Principal entered into a certam Contract, identified by Ordinance Number 9oflo-9.go ~ w~th
the City of Denton, the Owner, dated the 5 day of Re?~mher A D 9On0, a copy
of which is hereto attached and made a part hereof, for Rid 2~.7 - PamtmEaf gnel Tank~;
O~neratc~r [-Inll~lln~ land Trnn~i'c~rmer~l
NOW, THEREFORE, ff the Pnnc~pal shall well, truly and faithfully perform its duties
and make prompt payment to all persons, firms, subcontractors, corporations and claunants
supplymg labor and/or material in the prosecutmn of the Work provided for ~n said Contract
and any and all duly authorized modfficatmns 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 remam m full force and effect
PROVIDED FURTHER, that if any legal actmn be filed on th~s Bond, exclusive venue
shall he m Denton County, Texas
AND PROVIDED FURTHEI the said Surety, for value received, hereby
stipulates and agrees that no change, exte~ ,on of t~me, alteration or addmon to the terms of
the Contract, or to the Work to be performed thereunder, or to the Plans, Specfficat~ons,
Drawings, etc, accompanymg the same, shall tn anywtse affect tts obhgatton on thts Bond,
and it d6es hereby waive not~ce of any such change, extenston of time, alteratmn or adthtlon to
the terms of the Contract, or to the Work to be performed thereunder, or to the Plans,
Specfficatlons, 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 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 m 4 copies, each one of
which shall be deemed an original, this the 5 day of Re~nt~mher ; 9flfl~
ATTEST PRINCIPAL
BY
SECRETARY BY
PRESIDENT
ATTEST SURETY
BY
BY
ATTORNEY-IN-FACT
The Resident Agent of the Surety in Denton County, Texas for dehvery of notice and serwce
of the process is
NAME
STREET ADDRESS
(NOTE Date of Payment Bond must be date of Contract If Restdent Agent is not a
corporatton, gtve a person's name )
PB - 4
CITY OF DENTON
INSURANCE REQUIREMENTS FOR CONTRACTORS
Btdder's attentton ts dtrected to the msurance reqmrements below It ts htghly recommended
that bulders confer with thetr respeettve tnsurance carners or brokers to detertmne tn
advance of Bul subtmsston the availabdtty of insurance certtficates and endorsements as
prescribed and provided herein If an apparent low btdder fads to comply strictly wtth the
tnsurance reqmrements, that balder may be dtsquahfied from award of the contract. Upon
btd award, all insurance requirements shall become contractual obhgattons whtch the
successful bidder shall have a duty to tnaintatn throughout the course of thts contract
STANDARD PROVISIONS'
Without hrmttng any of the other obltgattons or Itabdtttes of the Contractor, the Contractor
shall provide and matntaln until the contracted work has been completed and accepted by the
City of Denton, Owner, the mtmmum tnsurance coverage as lndtcated hereinafter
As soon as practicable after nottficatton of bid award, Contractor shall file with the
Purchasing Department sattsfactory certtficates of tnsurance, contatmng the bid number and
title of the project Contractor may, upon wrttten request to the Purchastng Department, ask
for clartficatton of any insurance requirements at any trine, however, Contractors are strongly
advised to make such requests prtor to bid opening, since the insurance requirements may not
be modified or waived after bid opemng unless a wrttten exception has been submttted with the
btd Contractor shall not commence any work or dehver any material unttl he or she
recetves nottficat~on that the contract has been accepted, approved, and stgned by the Cay of
Denton
All insurance pohctes proposed or obtained tn satisfaction of these requirements shall comply
wtth the following general spectficattons, and shall be maintained tn compliance with these
general spec~fications throughout the duratton of the Contract, or longer, if so noted
· Each policy shall be issued by a company authorized to do business ~n the State of
Texas with an A M Best Company rating of at least A
· Any deductibles or self-msured retentions shall be declared in the bid proposal If
requested by the City, the insurer shall reduce or elumnate such deductibles or
self-msured retentions with respect to the City, its
officials, agents, employees and volunteers, or, the contractor shall procure a bond
guaranteemg payment of losses and related investigations, claim administration and
defense expenses
· Llabihty 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 w~th respect to claims covered under the pohcy and that
this insurance applies separately to each insured against whom clamq is made
or suit Is brought The inclusion of more than one insured shall not operate
to increase the maurer's lumt of hablhty
· All pohcies shall be endorsed to
"SAID POLICY SHAt. t. 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 mamtmn 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 msurance be provided under a form of coverage that
includes a general annual aggregate limit providing for clamqs investigation or legal
defense costs to be included in the general annual aggregate hnut, the Contractor
shall e~ther 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 tn satisfaction of this Contract shall additionally
comply with the following marked specifications, and shall be maintained tn 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 hmlts of not less than SqflO;OON
shall be provided and maintained by the Contractor The pohcy 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 mclude premises, operations, products, and completed
operatmns, mdependent contractors, contractual hablhty covering this
contract and broad form property damage coverage
· Coverage B shall include personal mjury
· Coverage C, medical payments, ~s not reqmred
If the Comprehensive General Llablhty form (ISO Form GL 0002 Current Edition
and ISO Form GL 0404) ~s used, it shall mclude at least
· Bodily mjury and Property Damage L~ablhty for prenuses, operations,
products and completed operations, independent contractors and property
damage resulting from explosion, collapse or underground (XCU)
exposures
· Broad form contractual habfllty (preferably by endorsement) covenng th~s
contract, personal injury habd~ty and broad form property damage
habthty
[Xl Automobile Lmbfl~ty Insurance
Contractor shall provide Commercial Automobile L~abfl~ty insurance w~th Combmed
Single L~mlts (CSL) of not less than Sann,c~nc~ exther m a smgle pohcy or m a
combination of bas~c and umbrella or excess pohcles The pohcy wall include bodily
injury and property damage habfllty arising out of the operauon, maintenance and use
of all automobiles and mobile eqmpment used m conjunctton with th~s contract
Sat~sfactlon of the above reqmrement shall be m the form of a pohcy endorsement for
· any auto, or
· all owned, hired and non-owned autos
IX] Workers Compensation Insurance
Contractor shall purchase and maintain Worker's Compensation insurance which, m addition to
meeting the mmlmum statutory requirements for tssuance of such insurance, has Employer's
Liability hm~ts of at least $100,000 for each accident, $100,000 per each employee, and a
$500,000 pohcy limit for occupational disease The City need not be named as an "Addmonal
Insured" but the insurer shall agree to waive all rights of subrogation against the C~ty, ~ts
officials, agents, employees and volunteers for any work performed for the C~ty by the Named
Insured For building or construction projects, the Contractor shall comply w~th the prowsions
of Attachment 1 m accordance w~th §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 Lmbdity Insurance
The Contractor shall obtain, pay for and maintain at all times during the prosecuUon of the
work under th~s contract, an Owner's and Contractor's ProtecUve L~abll~ty insurance pohcy
naming the C~ty as insured for property damage and bodily injury which may arise m the
prosecution of the work or Contractor's operations under th~s contract Coverage shall be on an
"occurrence" basis, and the pohcy shall be issued by the same insurance company that carries
the Contractor's lmbthty insurance Policy hm~ts will be at least combmed bodily injury
and property damage per occurrence w~th a aggregate
[ ] Fire Damage Legal Liabdity Insurance
Coverage xs reqmred ~f Broad form General Liability ~s not prowded or ~s unavailable to the
contractor or If a contractor leases or rents a porUon of a C~ty budding Limits of not less than
each occurrence are reqmred
[ ] Professional Liability Insurance
Professional habthty insurance with l~mlts not less than. per claun with respect to
negligent acts, errors or om~ss~ons m connection w~th professional services is required under
th~s Agreement
[ ] Buliders~ Risk Insurance
Bmlders' Risk Insurance, on an All-R~sk form for 100% of the completed value shall be
provided Such policy shall include as "Named Insured" thc C~ty of Denton and all
subcontractors as their interests may appear
[ ] Additmnal Insurance
Other ~nsurance may be required on an md~wdual basis for extra hazardous contracts and
specific service agreements If such adtht~onal insurance is required for a specific contract,
that requirement wall be described m the "Specific Contht~ons" of the contract specifications
ATTACHMENT 1
IX] Worker's Compensation Coverage for Braiding or Construction Projects for
Governmental Entities
A Defimtlons
Certificate of coverage Ccertiflcate")-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
prowdmg services on a project, for the duration of the project
Duration of the project - includes the t:me 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 entitles performmg 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 lumtation, independent contractors, subcontractors, leasing
companies, motor carriers, owner-operators, employees of any such entity, or
employees of any entity which furmshes persons to provide services on the project
"Servxces" include, without lmutatlon, providing, hauling, or dehverlng
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 dehvenes, and delivery of portable toilets
B The contractor shall provide coverage, based on proper reporting of classification
codes and payroll amounts and filing of any overage agreements, which meets the
statutory requirements of Texas Labor Code, Section 401 011(44) for all
employees of the Contractor providing services on the project, for the duration of
the project
C The Contractor must provide a certificate ~ ~ overage to the governmental entity
prior to being awarded the contract
D If the coverage period shown on the contractor's current certificate of coverage
ends during the dnratton of the project, the contractor must, prior to the end of the
coverage period, file a new certificate of coverage with the governmental entity
showing that coverage has been extended
E The contractor shall obtain from each person providing services on a project, and
provide to the governmental enUty
(1) a cemficate of coverage, prior to that person beg~nmng work on the project,
so the governmental entity will have on file certfficates of coverage showing
coverage for all persons prowdmg services on the project, and
(2) no later than seven days after receipt by the contractor, a new certfficate of
coverage showing extension of coverage, if the coverage period shown on the
current cemflcate of coverage ends during the duranon of the project
F The contractor shall retain all reqmred certfficates of coverage for the duratton of
the project and for one year thereafter
G The contractor shall notify the governmental entity m writing by certffied mail or
personal dehvery, w~thm 10 days after the contractor knew or should have known,
of any change that materially affects the prows~on of coverage of any person
prowd~ng services on the project
H The contractor shall post on each project s~te a notice, m the text, form and manner
prescribed by the Texas Workers' Compensation Commission, reforming all
persons prowdmg serwces 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 reqmre each person w~th whom ~t contracts to
prowde services on a project, to
(1) provide coverage, based on proper reporting of classfficat~on codes and
payroll amounts and fihng of any coverage agreements, which meets the
statutory reqmrements of Texas Labor Code, Section 401 011(44) for all of
~ts employees prowding serwces on the project, for the duration of the
project,
(2) provide to the contractor, prmr to that person begmmng work on the project,
a cemficate of coverage showing that coverage ~s being provided for all
employees of the person prowdmg services on the project, for the duration of
the project,
(3) provtde the contractor, prior to the end of the coverage period, a
certfficate of coverage showing extension of coverage, if the coverage perio,~
shown on the current certificate of coverage ends during the duration of the
project,
(4) obtain from each other person wtth whom it contracts, and provade to the
contractor
(a) a certificate of coverage, prior to the other person begmmng work on
the project, and
(b) a new certificate of coverage showing extensaon of coverage, prior to
the end of the coverage period, tf the coverage period shown on the
current certificate of coverage ends during the duration of the project,
(5) retain all required certfficates of coverage on file for the duration of the
project and for one year thereafter,
(6) notify the govermnental entity m writing by certified mail or personal
delivery, wathm 10 days after the person knew or should have known, of any
change that materially affects the provision of coverage of any person
provldmg services on the project, and
(7) contractually reqmre each person with whom it contracts, to perform as
reqmred by paragraphs (1) - (7), with the certfficates of coverage to be
provided to the person for whom they are providing servaces
J By signing this contract or providing or causmg to be provided a certfficate of
coverage, the contractor is representing to the governmental entaty that all
employees of the contractor who will promde serwces on the project wall 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
mounts, and that all coverage agreements wall be filed with the appropriate
insurance carrier or, m the case of a self-msured, with the commission's Dlwslon
of Self-lnsurance Regulation Providing false or misleading mformatmn may
subJeCt the contractor to administrative penaltaes, criminal penaltaes, civil penalties,
or other civil actions
K The contractor's failure to comply with any of these provisions is a breach of
contract by the contractor which entatles 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
B~d 2547 Insurance
Tanks and Housings to be patnmd white.
Transt'~mer to tM h~ht ~riy._ __
· u~tmnS ~he above bM, dm vdndor m~'e~ tfa~ ~ep. mr~ nf m~ or Ill bid ImnJ b~ the Ci~* or
Cdy SM~ ' Z~
Telephone F~ N~r
Title
~a THIE CER~FICATE IS I~UED ~ A ~ER OF INFORMATION
ONLY AND CONFER8 NO RIGHT8 UPON THE CERTIFICATE
HOLDE~ THIS CER~FICATE ~E8 NOT ~END, ~TENO OR
Bent Tree Insorance Agency, Inc ALTER THE COVE~GE AFFORDED BY ~E POLICIES BELOW
2625 N Josey Lane ~300 COMPANIES AFFORDING COVE~GE
Carrollton, Texas 75007
)72 466 0084 a ~er~can Safety Casualty Ins co
IN~U~ COMPANY
A-Agape Contracting, Inc s Legion Insurance Company
COMPANY
605 Daniel Street C gnuth~rn Cnuntv ~utual
Gladewater, TX 75647 ~MPANY
~903--845~6119 D
THIS IS TO CERTIFY THAT THE POLICIE~ OF INBU~NCE LISTED BELOW HAVE BEEN I~UED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED NO~ITHSTANDING ~Y REQUIREMENT TERM OR CONDmOH OF ~Y CONTACT OR OTHER ~CUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE I~UED OR MAY PERTAIN THE INSU~NCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ~ THE TERMS
~CLUBION~ AND CONDITION8 OF ~UOH POLIOIES LIMIT~ SHOWN MAY ~VE BE~ REDUCED BY P~D O~IM8 __
I
Q~E~i~ GENE~A~RE~TE $ 1~ 000~ 000
~ ~c~s~ ~u. ~.~v~u~ ; [~000~00C
A ow,~.s~co,~o.s,.~ COL00-1321-002 10-08-00 10-08-01 ~c,~cu..~,c~ , 1,000,00C
~ Pollution F,R~O~(~) 50r 00f
-- MED EXP (~ ~ ~n) 5 ( 0 0 0
C
~ SCHEDULED AUTOS STC541135 10/17/00 10/t7/01
EM~OYER8 ~U~ EL ~H ~IDENT $ 1 ~ 0 0 0; 0 0 0
B THEmO"RIETORI ~"C~ WC7-1196285 10-08-00 10-08-01 ~ms~ ~uc~u.. ; 1; 000~ 000
o~. "said policy s~all not be cancelled, tonrenewed 3r materially change without 30 days
[dvanced written notice being Elven ~o the owner (city) except hen the policy is being
cancelled for nonpa) ~en: of premlum in wht :h case ~0 ~ays advan( e written notfce ts
The cert hol~er,offlc[als,employees & volunteers are added as addl insured to
GL policy w~th a waiver of subrogation & 30 day notice of cancellation to Work
& GL ollc~es.Covera e subject to terms conditions & excl of
Purchasing Dept 30 DA~ ~""O~ TO
901-B Texas St tee t ~ F~UU~ ~O ~ ~C. ~Ce
Denton, TX 76201 OF ~ mND~ - ~~ THE COMP~
attn Jody Hayes ~u,~..~ ~
,9001 rev ~ ~ ~ ~ ,
One 0riEinal and Three 0riEinal Duplicates
PERFORMANCE BOND
Bond #ASB-42-04-0035
STATE[ OF TEXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS That
whose address is ~,~ F~nn~l .~1' . t~,l~-4~uttnt~v, T¥ 'TqA~.'7, hereinafter called Principal, and
cxmlns under the laws of the State of ...~.~.a~Lr.~, and fully author,zad to transact
bosmes~ m the State of Tcxas, as Surety, are held and firmly bound unto the CiW of Denton, a
municipal corporation organized and exlstmg under the laws of the State of Texas, hereinafter
called Owner, in the penal sum of -q_9,,e_~,.,, ~-,,,' 'Thn. znnd T~r~.*~
../~t~ !DOLLARS ($74,369) plus ten percent of the stated penal sum as an addmonal sum of
money ~epresenting addmonai court expenses, attorneys' fees, and hqutdated damages armng
out of or connected w~th the below ~dentlf'~d Contract, in lawful money of the Umted States,
to be paid in Denton County, Texas, for the payment of which sum well and truly m be made,
we hereby b,nd ourselves, our heirs, executors, admtmstrators, successors, and assigns, jointly
and ~everally, firmly by these presents This Bond shall automatically he increased by the
amount Iof any Change Order or Supplememal Agreement which increases the Contract pace,
but in no event qhall a Change Order or Supplememal Agreement whmh reduces the Contract
price decrease the penal sum of thru Bond
THE OBLIGATION TO PAY SAME ts condmoned as follows Whereas, the
Pnnclp#l entered rote a certain Contract, identified by Ordinance Number ~t~.~ , with
the City of Denton, the Owner, dated the ~ day of g,'?,"-,~, A D ...2000, a copy of
which IS hereto attached and made a part hereof, for R,d 9'~i'7 .
NOW, THEREFORE, tf the Prlnctpal shall well, truly and faithfully perform and fulfill
all of the undertakings, covenants, temts, cOndlttons and agreements of satd Contract In
accordance with the Plans, Speclficetlons and Contract Documents during the original term
thereof and any extension thereof which may he granted by the Owner, with or without notice
to the Sorely, and during thc life of any guaranty or warranty reqmred under this Contract, and
shall also well and mtly perform and fulfill ali the undertakings, covenants, terms, condttmns
and ag~ .~nts of any and all duly authorized modifications of sa~d Contract that may
hereaftelr he made, notice of which modifications to the Surety being hereby waived, and, if the
Principal ~ball repair and/or replace all defects due to faulty nmtermls and workmanship that
appear wKhm a period of one (1) year from the date of final completion and final acceptance of
the Work by the Owner, and, ~f the Pnnclpel shall fully mdemmfy and save harmless the
Owner ~rom all costs and damages which Owner may suf'mr by reason of faulure to so perform
herein and shall fully reimburse and rapey Owner all outlay and expense winch the Owner may
incur mlmaklng good any default or deficiency, then this obligation shall he void, otherwise, it
~hall remain in full Force and effect
PB - I
PROVIDED FURTHER, that If any lesal action be filed upon thss Bond, exclusive
venue shall lie m Denton County, State of Texas
AND PROVIDED FURTHER, that ~he said Surety, for value received, hereby
stipulates and agrees that no chanf~, extension of time, alteration or addition to the term.q of
the Contract, or to the Work to be performed ~hereunder, or to the Plans, Specifications,
Drawings, crc aucompanyJn~ the shall m affect this
anywise
ItS
obhsatlon
on
and it does hereby wmvc notice of any such change, cxtension of mae, alteration or addition to
the terms of the Comract, or to the Work to be performed thereunder, or to the Plato,
Speeiflcatmns, Drawings, etc
This Bond m 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 m hereby designated by ~he Surety herein as the
Resident Agent in Denton County to whom any requisite nollces may he delnvered and on
whom service of proc~.s may be had in ma~rs arising out of such suretyship, aq provided by
Article 7 19-1 of the Insurance Code, Vernon's Annotated Civil Stat~tas of the State of Texas
IN WITNESS WHEREOF, this Ins~mnent m executed m .t copies, each one of which
shall be deemed an omgmal, this the ,~ any of .q,-?..~)~0.; -7.000
ATTEST PRINCIPAL
American Safety Caeualty Insurance Company
The Resident Agent of the Surety m Denton County, Texas for dehvery of notice and service
of the process is
NAME Sam J. Lamoreau×/Benc Tree Insurance A~ency,
STREET ADDRESS 2625 N. ,Joaey L~ne, S~:[.~-e 300, earful'lion, Texas 75007
(A/OTv~ ~)afe o! J~er~ormaflce Bond muir ~
~or/Mrar~on, ~r~,e d IM~On'~ name )
PS -
One Original and Three Original Duplicates
Bond #ASB-42-04-O035 PAYMENT BOND
STATE OF TEXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS That A.A~on,rw,
whose address ns ~a¥; INnn,~,l .~f.: ~lnda~ntar TX 7~, hereinafter call~ Prmclpnl, and
American Safety Ca~ualt~ Insurance C~mpany , a
exmtmg under the laws of the State of Delaware , and ~]ly amho.zed to ~ramact bus)ne;s
m &c Stat~ oi Texas, as Surety, are held and fi~y ~und ~to ~e C~ly of Denton, a
mumc~pal cor~rat~on orgamz~ and exlsti~ u~er the laws of ~c State of Texas, hereinafter
call~ Owner, a~ unto nil persom, hms, a~ co.raisons who may ~rnmh malerlalS for, or
~rform lair u~n, ~e budding or ~mprovemen~ hereinafter referred to, ~n the ~nal sum of
q*~znty Pm.r Tba.~nd Thinz M.ml~ ~i~ ~m~ mad n~llflfl ~LLARS ($74,369) m
law~l money of ~e Umt~ Stoles, to ~ ~id ~ ~nton, County, Texas, for ~e ~yment of
which qum well a~ uuly to be ~de, we hereby bind ourselves, our hmrs. execu~rs,
admmmUators, su~essors. ~ asm~s, jointly ~d ~verally, firmly by these presents This
Bond shall automntl~lly ~ t~reas~ by ~e amount of ~y Change Order or Su~l~entai
Agreement which increases ~e Contract p.ce, but m no event shall a Change Order or
Supplemental A~ment which r~ the Contract pace d~rease lhe ~nnl sum of
Bond
THE OB~GATION TO PAY SAME Is co~t~on~ as follows Where., the
P.nc~pnl enter~ into a ~am ~ntmct, sdent~ft~ by Ordinance Numar 9~, w~th
the C~ty of ~nton, &e ~ner, da~ &e q day of ~t~r A D ~, a copy
Of WhiCh IS ~r~o a~hed and m~e a part hermf, for n,d ~d7 -
NOW, THER~O~. tf t~ P.~p~ shall well, t~ly and fanh~lly ~rform ~t~ duties
and make prompt payment to all ~rsons, fi~ms, subcontractors, ~ranon~ and clatmants
supplying labor and/or ~terml m ~e pros~utton of the Work prowd~ for m sasd Contract
and any and all duly authorlz~ m~ffica.ons of said Contract that may hereafter be made,
nottce of whmh m~iftc~lom to ~e Su~ty ~mg hereby expte~ly wmvcd. ~cn thru obhgn.on
~hall be votd. o~rwsse tt shMI remain m ~il force a~ effect
PROVIDED FURTHER, ~at tf any Ic~l ~tton be fil~ on this Bo~, exclusive venue
shall he tn ~ton County, Texas
AND PROVIDED ~RTHER, ~t ~e said Surety, for value r~ctv~, hereby
~t~pulat~ and agr~s that no ~nge, extenston of t~me, alteratton or ad&iron m the ter~ of
the Contract, or to ~e Work to be ~fo~ ~ereunder, or to ~e Plans, S~ctflca.ons,
Drawing, etc, acco~anymg the ~e, shMl m anywise affect tt~ obhgatton on thts Bond,
and tt d~s hereby watve notice of any s~h cbnnge, extension of t~e, alteratmn or addt.on to
the te~s of the Cont~t, or to t~ Work to ~ performed thereunder, or to thc PI~,
Specifications, Drawings, etc
PB - 3
Th~s Bond is given pursuant to the provmJons of Chapter 2253 of the Texas
Government Cede, as amended, and any other apphcable statutes of thc State of Texas
The undersngned and designated agent is hereby designated by thc Surety herein as thc
Resident Agent tn Denton County to whom any reqms~te notices may be dehvered and on
whom service of process may be had m matters arising out of such suretyshnp, as provided by
Amcle 7 19-1 of the Insurance Code, Vernon's Annotated C~vfl Statutes of the State of Texas
IN WITNESS WHEREOF, th~s nnstrument ns executed m 4 copies, each one of
whnch shall he deemed an original, th~s the '~ day of_~, 9000
ATTEST PRINCIPAL
PRESIDENT
ATTEST SURETY
_~ American Safety Casualty Insurance Company
~TTORN~4N-~ACT /
Sam J Lamoreaux
The Rcmdcm Agent of the Surety in Denton County, Texas for dehvery of notice and service
of the process is
NAME Sam J Lamoreaux/Bent Tree Insurance Agency, Inc
STREET ADDRESS 26z5 N. Josey Lane, Suite 300, Carrollton, Texas 75007
(NOTE Date of Payment ~ond must be date of Contract if Restden! Agem is not a
corporation, give a person's name )
ACKNOWLEDGEMENT OF SURETY
STATE OF TEXAS
COUNTY OF DALLAS
On th~s 17th day of October ,2000, before me personally appeared
sam J. Lamoreaux known to me to be(or proven to me on the basis of
satisfactory credence) the Attorney ~n Fact of AMERICAN SAFETY
CASUALTY INSURANCE COMPANY and acknowledged to me that he/she
executed the w~th~n ~nstrument
In w~mass whereof, I hereto set my hand and officml seal to thts certfficate on the
day and, year first written above
Notary Pubhc
l, CELLA A APPLE
June 21, 2004 NotaryPu~llo~S~ate.ofTex~
Commismon Explrat~on Date Ju., a~, aoo4
ACKNOWLEDGEMENT OF SURETY
STATE OF TEXAS
COUNTY OF DALLAS
On this 17rhday of October ,2000, before me personally appeared
Ron Winters 1CrlO~OFI1 to me to be(or proven to me on the basis of
satisfactory evidence) the A~omey in Fact of AMERICAN SAFETY
CASUALTY [NSUI~NCE COMPANY and acknowledged to me that he/she
executed the w~th,n instrument
In witness whereof, I hereto set my hand and official seal to th~s cemficate on the
day and year first wn~en above
Notary Pubhc
[ NotsP/public S~lte of Texas
June 21, 2004 ~i~i~Expl~8
Comm~on Expiration Date ~"~ ~' aoo4
AMERICAN
sAFety ASB- 42-04-
POWER OF ATTORNEY
to be given to
ALL OBLIGE£8
provided that no bond or undertektng or contract of suretyship executed under this authority shall exceed in amount the sum of
***ONE MILLION***($1, O00, O00) DOLLARS***
This Power of Attorney ts granted and ~s signed and sealed by facslmde under and by the authority of the following Resolution adopted by the Board of Directors of the Compan
on the Twenty Ninth day of January 1999
instrument evidencing the appointment m each ease for and on behalf of the Company to execute and debver and affix the seal of the Company to bonds undertakings
recognizances and suretyship obhgatmns of all kinds and said officers may remove any such attorney m fact or agent and revoke any power of attorney prewously granted to
RESOLVED FURTHER that any bond undertaking recognizance or suretyship obbgntmn shall be valid and binding upon the Company
(0 when signed by the President or any Vice Pi~esldent and attested and sealed (if a seal be reqmred) by any Secretary or Assistant Secretary or (n) when signed by the President
or any Vice President or Sactersry or Assistant Secretary and countersigned and sealed (ff a seal be reqmred) by a duly aathonzed attorney m fact or agent or (m) wben duly
by the Company to such person or persons
RF~OLVED FURTHER that the signature of any authorized officer and the seal of the Company may be affixed by facs~mlle to any power of attorney or cen~ficanon thereof
anthonzmg the ex~utlon and delivery of any bond undertaking recognizance or other suretyship obligations of the Company and such signature and seal when so used shaB
have the same force and affects as though manually affixed
IN WITNESS WHEREOF American Safety Casualty Insurance Company has caused ~ts official seal to be hereunto affixed and these presents to be s~gned by its President and
attested by ils Secretary th;s Twenty Ninth day of Sanuaty 1999
ACKNOWLEDGEMENT OF SURETY
STATE OF TEXAS
COUNTY OF DALLAS
On this tTth day of october ,2000, before me personally appeared
sam J Lamoreaux known to me to be(or proven to me on the barns of
satisfactory evidence) the Attorney m Fact of AMERICAN SAFETY
CASUALTY INSURANCE COMPANY and acknowledged to me that he/she
executed the wtth~n tnstmment
In w~mess whereof, I hereto set my hand and officml seal to this certificate on the
day and year first written above
Notary Pubhc
June 21, 2004 I[~'~"~ No~ryPubli0, Smeo~Texas
I R~I~.~i ~ ~mm~*slon Ex,ires
Comm~SSl~ Expiration Date