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HomeMy WebLinkAbout1998-216ORDINANCE NO LO aIO AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF A CONTRACT FOR PUBLIC WORKS ON DRAINAGE IMPROVEMENTS FOR MOCKINGBIRD CULVERTS IN THE AMOUNT OF $164,437 90, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE (BID # 2223 — MOCKINGBIRD DRAINAGE IMPROVEMENTS AWARDED TO EARTH BUILDERS, INC IN THE AMOUNT OF $164,437 90) WHEREAS, the City has solicited, received and tabulated competitive bids for the construction of public works or improvements in accordance with the procedures of STATE law and City ordinances, and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or improvements described in the bid invitation, bid proposals and plans and specifications therein, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the following competitive bids for the construction of public works or improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids BID NUMBER CONTRACTOR AMOUNT 2223 EARTH BUILDERS, INC. $164,437.90 SECTION II That the acceptance and approval of the above competitive bids shall not constitute la contract between the City and the person submitting the bid for construction of such public wo ks or improvements herein accepted and approved, until such person shall comply with re all . :Iments specified in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, and insurance certificate after notification of the award of the bid SECTION III That the City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein SSEECTION IV That upon acceptance and approval of the above competitive bids and the execution of contracts for the public works and improvements as authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto SECTION V That this ordinance shall become effective immediately upon its passage and approval / / / PASSED AND APPROVED this the '7 Lh day of t& L,1998 JA MILLER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY4 t^ 'A It f I APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY aee 2223 MOCKINGBIRD CONTRACT ORDINANCE Jill 1 7 1998 CILEGA DEPTON TABULATION SHEET CONTRACT AGREEMENT STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT, made and entered into this 4 day of AUGUST A.D., 1998, by and between CITY OF DENTON of the County of DENTON and State of Texas, acting through TED BENAVIDES thereunto duly authorized so to do, hereinafter termed "OWNER," and EARTH BUILDERS, INC. 134 FM DECATUR, TX 76234 of the City of DECATUR County of WISE 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 # 2223 — MOCKINGBIRD DRAINAGE IMPROVEMENTS in the amount of $164,437.90 and all extra work in connection therewith, under the terms as stated in the General Conditions of the agreement, and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the work specified above, in accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), Instructions to Bidders, and the Performance and Payment Bonds, all attached hereto, and in CA - 1 accordance with the plans, which includes all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by ENGINEERING DEPARTMENT all of which are made a part hereof and 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 shall and does hereby agree to indemnify and hold harmless the City of Denton from any and all damages, loss, or liability of any kind whatsoever, by reason of injury to property or third persons occasioned by any error, omission or negligent act of Contractor, its officers, agents, employees, invitees, and other persons for whom it is legally liable, with regard to the performance of this Agreement, and Contractor will, at its cost and expense, defend and protect the City of Denton against any and all such claims and demands Choice of Law and Venue This agreement shall be governed by the law of the State of Texas and venue for its construction and enforcement shall lie in the courts of Denton County, Texas The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in written notice to commence work and complete all work within the time stated in the Proposal, subject to such extensions of time as are provided by the General and Special Conditions The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the Contract CA-2 IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written "01:131 APPROVED AS TO FORM CITY ATTORNEY CA-3 CITY OF DENTON OWNER BY �i. -AN f,�Zf a �� D� S •vc CO TRACTOR Tx MAILING ADDRESS 0��) 6ZT 06el PHONE NUMBER Z -7 069 BY /}'� v� 111 Ly 4 S]rydvL� PRINTED &YME (SEAL) 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 areis and endorsements as prescribed and provided herein. If an apparent low bidder 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 completec and accepted by the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter As soon as practicable after notification of bid award, Contractor shall file with the Purchasing Department satisfactory certificates of insurance, containing the bid number and title of the project. Contractor may, upon written request to the Purchasing Department, ask for clarification of any insurance requirements at any time, however, Contractors are strongly advised to make such requests prior to bid opening, since the insurance requirements may not be modified or waived after bid opening unless a written exception has been submitted with the bid. Contractor shall not commence any work or deliver any material until he or she receives notification that the contract has been accepted, approved, and signed by the City of Denton. All insurance policies proposed or obtained in satisfaction of these requirements shall comply with the following general specifications, and shall be maintained in compliance with these general specifications throughout the duration of the Contract, or longer, if so noted: • Each policy shall be issued by a company authorized to do business in the State of Texas with an A.M. Best Company rating of at least A Any deductibles or self -insured retentions shall be declared in the bid proposal. If requested by the City, the insurer shall reduce or eliminate such deductibles or self -insured retentions with respect to the City, its officials, agents, employees and volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. AAA00350 Cl- 1 Riiv189D 10/12/94 Insurance Requirements Page 2 officials, agents, employees and volunteers; or, the contractor shall prod •e a bond guaranteeing payment of losses and related investigations, clat administration and defense expenses. • Uablifty 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 th e additional insured with respect to claims covered under the policy anc 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 provide thirty(3O) days prior written notice of cancellation, non -renewal or reduction in coverage. • 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 foam 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 Uabfiity 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 safe option, terminate this agreement effective on the date of the lapse. AAM0050 IIMVISM 1011=4 Cl - 2 Insurance Requirements Page 3 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 maintainer in compliance with these additional specifications throughout the duration of the Contract, or longer, if so noted: [XI [Xl 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 polic � 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, am 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 Gi- 0404) is used, it shall include at least. Bodily injury and Property Damage Liaoility for premises, operations, products and completed operations, independent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures Broad form contractua covering this contract, property damage liability. Automobile Liability Insurance: I liability (preferably by endorsement) personal injury liability and broad form Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSW of not less than 1.000.000 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 AAA00350 REVISED 10/1 W94 Cl-3 Insurance Requirements Page 4 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 pciicy endorsement for: any auto, or all owned, hired and non -owned autos. IXI 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 Lability 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 §408.096 of the Texas Labor Code and rule 28TAC 110.110 of the Texas Worker's Compensation Commission (TWCC) I l 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 Lability 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. [ I 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. "ADD350 REVISED 10/121E4 Cl - 4 Insurance Requirements Page 5 I I Professional Uability 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. I I 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 II Addition®!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 AAA00330 REVISED 10112194 CI-5 Insurance Requirements Page 6 ATTACHMENT 1 (Xl Worker's Compensation Coverage for Building or Construction Projects for Governmental Entities A. Definitions: Certificate of coverage ("certificate") -A copy of certificate of authority to self -insure issued coverage agreement (TWCC-al, TWCC-82, showing statutory workers' compensation in person's or entity's employees providing sery duration of the project. a certificate of insurance, a by the commission, or a TWCC-83, or TWCC-84), surance coverage for the ices on a project, for the Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person'swork 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 an 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. 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 of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the and of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. AAA00350 REVISED 10il V94 Cl - B Insurance Requirements Page 7 E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter G The contractor shall notify the governmental entity in writing by certifiec 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. 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 an 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 AAA00350 REVISED 1011== Cl - 7 Insurance Requirements Page 8 certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain from each other person with whom it contracts, and provide to the contractor: (a) a certificate of coverage, prior to the other person beginning work on the project; and (b) a new certificate of coverage showing extension of coverage, Prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity th it all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of tiie 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. K. The contractor's failure 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. AAA00350 REVISED 10/12/94 CI-8 Mockingbird Drainage BID TABULATION SHEET Work Days_fiQ_ Improvements Bid No 2223 PO No Item Description Quantity I Unit I Unit Price Total 121 Contractors Warranties and - LS $ i " = /LS $SOGb, nUnderstandings Umt Pnce In Words !- v,&� housesazllmrr Mo cut5 2 12 3 8' X 5' Concrete Box Culvert 228 LF $ Z7S —5 $6 2 8/Y, Umt Pnce In Words f wo h'(i*A.&4 wJ keg&r, .'mffw/ 2 24-A Gallon Mattress 410 1 SY $ 52, t!�SY $ ; / Umt Pnce In Words go P" Qo1(a.0 s 2 24-B Gabion Basket 1 7 1 CY Is ,2So. r�/CY $ /'7S0 Umt Pnce In Words two Aw "1 ,ao /firs ivd =�N 3,1 If'reparation of Right of Way - LS $ /S Ft(0,1 S $ / 5 FlYO Umt Pnce In Words A ", thou. 'L r5Y iya< 6�,e r i7ol/z�S llro 33 Unclassified Excavation 1312 1 CY $ / ICY $ /SOgg Umt Pnce In Words 40-AwW vt Do !/srrl 0142 N e—C*1i5 17 LCO 1 9 1 Cy Is ao .!�CY P_/_9O Umt Pnce In Words oa, rix 3 12 ITemporary Erosion Control _ $2i can - A. 5 $ Umt Pnce In Words s;vo O. %dX4 Do /l •.x Iva 745 Class A Concrete I 3// 11, Cy Is r1SQ `=/CY Umt Pnce In Words r- I o.4 doh f/jpib /j it Ko d4wds 181 Bamcades, Wurung Sips and Detours - LS $ 7 500 2S $ /7SCv, Cw Umt Pnce In Words ,5.1-v" lbvs�.�d �94v #v"' 44 62 / :rs ffo "elf" ' 811 Guard Rail 1 180 1 LF $ 35,E I $ �Fb Umt Pnce In Words f `,44- 119f%e' PO //ars MV GC,416 814 Miscellaneous Fence I - I LS $ / .SDo 4s'/LS $ / 7 m Umt Pnce In Words Oa v-p- 7"baus..I.d 1 v -, *aodf A Do /firs ivo u&416- SP-4 Water Lme Lowermg EA Umt Pnce In Words V va. ovLam,( Avo wa-s" `--=-- IQ P3 Mockingbird Drainage BID TABULATION SHEET Work Days__fiQ_ Improvements Bid No 2223 PO No Item Description Quantity Unit I Unit Price I Total SP-10 Rook Excavation 50 Cy 1, $ 42, `e/Cy $ Ea®, a Unit Price In Words fr U r, 10a . Do / 1jPs �� ink, SP-31 lRettiforcing Steel 2403 LB $ , 20 /LB 1 $ `jzc 90 Unit Pnce In Words /14o .4% fA 4±±K cc:+4'f'5 SP-37 Excavation Protection 57 LF IS ?,S; SPYLF I $ Unit Price In Words '�"w e.44 a Qv / :, s �40 C-Co Fs SP-39 Pro ect Signs 2 EA $ 3-50-s EA $ '/ Umt Price In Words ��ir�� 0460 gr.A VeL ,Do 112.rr (Vo v" s h(46 Jr i�m ffo C"wifs Is 1 $ $ 1 $ TOTAL 16 Y 1-1317 — P4 TOTAL BID P[R�ICE IN/WORD'S &49I 4iPdU/ 10uS In the event of the award of a contract to the undersigned, the undersigned will furnish a performance bond and a payment bond for the full amount of the contract, to secure proper compliance with the terms and provisions of the contract, to insure and guarantee the work until final completion and acceptance, and to guarantee payment for all lawful claims for labor performed and materials furnished in the fulfillment of the contract. It is understood that the work proposed to be done shall be accepted, when fully completed and finished in accordance with the plans and specifications, to the satisfaction of the Engineer. The undersigned certifies that the bid prices contained in this proposal have been carefully checked and are submitted as correct and final. Unit and lump -sum prices as shown for each item listed in this proposal, shall control over extensions. CONTRACTOR BY Om /� Ir- /4*f r"'- ��iwi 1 44- ,4:, J2P street Address City and state Seal & Authorization (If a Corporation) 9 YO - 6 2.?-- dD Telephone B - 1 PERFORMANCE BOND STATE OF TEXAS § COUNTY OF DENTON § Bond No 31-80771 KNOW ALL MEN BY THESE PRESENTS That EARTH BUILDERS, INC., whose address is 134 FM 2264, DECATUR, TX 76234, hereinafter called Principal, and FIRST COMMUNITY INSURANCE COMPANY , a corporation organized and existing under the laws of the State of NEW YORK , and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, in the penal sum of ONE HUNDRED SIXTY FOUR THOUSAND FOUR HUNDRED THIRTY SEVEN and 90/100 DOLLARS ($ 164,437.90) plus ten percent of the stated penal sum as an additional sum of money representing additional court expenses, attorneys' fees, and liquidated damages arising out of or connected with the below identified Contract, in lawful money of the United States, to be paid in Denton County, Texas, for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, 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 98-216, with the City of Denton, the Owner, dated the 4 day of AUGUST A.D 1998, a copy of which is hereto attached and made a part hereof, for BID # 2223- MOCKINBIRD DRAINAGE IMPROVEMENTS. NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill all of the undertakings, covenants, terms, conditions and agreements of said Contract in accordance with the Plans, Specifications and Contract Documents during the original term thereof and any extension thereof which may be granted by the Owner, with or without notice to the Surety, and during the life of any guaranty or warranty required under this Contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby waived, and, if the Principal shall repair and/or replace all defects due to faulty materials and workmanship that appear within a period of one (1) year from the date of final completion and final acceptance of the Work by the Owner, and, if the Principal shall fully indemnify and save harmless the Owner from all costs and damages which Owner may suffer by reason of failure to so perform herein and shall fully reimburse and repay Owner all outlay and expense which the Owner may incur in making good any default or deficiency, then this obligation shall be void, otherwise, it shall remain in full force and effect 19MWI PROVIDED FURTHER, that if any legal action be filed upon this Bond, exclusive venue shall lie in Denton County, State of Texas AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc , accompanying the same, shall in anywise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, as amended, and any other applicable statutes of the State of Texas The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Denton County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Article 7 19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of which shall be deemed an original, this the 4 day of AUGUST 1998. ATTEST PRINCIPAL //�� EARTHBUILDERS, INC _ BY �Dtrwdll�e D LJNAO �� SECRETARY BY w GL Vice p SIDEI T erg rom ATTEST SURETY FIRS OMMUNITY INSURANCE COMPANY BY BY TTORNEY-IN-FACT Jack Cedarleaf II The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is NAME Charles STREET ADDRESS 820 So., 1121 East Loop, Ft Worth, TX 76112 (NOTE Date of Performance Bond must be date of Contract If Resident Agent is not a corporation, give a person Is name ) Bond No 31-80771 STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS That EARTH BUILDERS, INC , whose address is 134 FM 2264, DECATUR, TX 76234, hereinafter called Principal, and FIRST COMMUNITY INSURANCE COMPANY , a corporation organized and existing under the laws of the State of NEW YORK , and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, and unto all persons, firms, and corporations who may furnish materials for, or perform labor upon, the building or improvements hereinafter referred to, in the penal sum of ONE HUNDRED SIXTY FOUR THOUSAND AND FOUR HUNDRED THIRTY SEVEN and 90/100 DOLLARS ($ 164,437.90) in lawful money of the United States, to be paid in Denton, County, Texas, for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement which reduces the Contract price decrease the penal sum of this Bond THE OBLIGATION TO PAY SAME is conditioned as follows Whereas, the Principal entered into a certain Contract, identified by Ordinance Number 98-216, with the City of Denton, the Owner, dated the 4 day of AUGUST A.D. 1998, a copy of which is hereto attached and made a part hereof, for BID # 2223 - MOCKINGBIRD DRAINAGE IMPROVEMENTS. NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties and make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying labor and/or material in the prosecution of the Work provided for in said Contract and any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby expressly waived, then this obligation shall be void, otherwise it shall remain in full force and effect PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive venue shall lie in Denton County, Texas AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc , accompanying the same, shall in anywise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, as amended, and any other applicable statutes of the State of Texas The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Denton County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Article 7 19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of which shall be deemed an original, this the 4 day of AUGUST, 1998 ATTEST PRINCIPAL --t+�IJ EARTH BUI aDERS, INC BY SECRETARY —9 BY VICE P IDENT K Bergstrom ATTEST 411:T IWN l FIRS COMMUNITY INSURANCE COMPANY BY d/%7Xa�D�.0 BY Qi � *TT0­RNEYY-IN-FACT �7ack Cedarleaf II The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is NAME Charles STREET ADDRESS 820 South, 1121 East Loop, Ft Worth, TX1, 76112 (NOTE Date of Payment Bond must be date of Contract If Resident Agent is not a corporation, give a person Is name ) 2223 BONDS&CONTRACTS I1 i ' ACKNOWLEDGMENT OF PRINCIPAL (Corporation) STATE OF Texas COUNTY OF On this day, August 4, 1998, before me personally come(s) Kvm Bergstrom to me known, who, being by me duly sworn, deposes and says that he/she resides in the City of Fort Worth, TX that he is the Vice President of the Earth Builders, Inc. the corporation described in and which executed the foregoing instrument; that he knows the seal of the said corporation, that the seal affixed to the said instrument is such corporate seal, that it was so affixed by the order of the Board of Directors of said corporation, and that he signed his name thereto by like order �oa`v�.�,,. a'��"" �, Bernadette D Bergstrom �� hW o Notary Public } State of Texas Notary Public 9znnmh° My Comm Exp 01 10 O1 ACKNOWLEDGMENT OF SURETY STATE OF Minnesota COUNTY OF Ramsey On this day, August 4, 1998, before me personally come(s) Jack Cedarleaf II, to me personally known, who being by me duly sworn, did say that he is the aforesaid officer or attorney -in -fact of the First Community Insurance Company a corporation; that the seal affixed to the foregoing instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation by the aforesaid officer, by authority of its board of directors, and the aforesaid officer acknowledged said instrument to be the free act and deed of said corporation NOTARY PUHLIC MIN 4UWA RPINSHCOUNiY My OoPimlo,luo F.IA01, 1 11 2000 p +row N nroeaW�e.Trex �+�+et i�a -m es*. r CH/ 57623 Notary Public 1 Power of Attorney 31-, 80771 KNOW ALL MEN BY THESE PRESENTS That First Community Insurance Company, a corporation created by and existing under the laws of the State of New York having its principal office in the City of Bedford, New York, does hereby nominate, constitute and app` gristine M Hansen, C A Housh, Richard J Larsen, E Lange, D R Dougherty, Jack Cedarleaf II and/or Kurt C Lundblad" of the Caty of St Paul Ramsey County, state of Minnesota each its true and lawful, Attorney -in -Fact, with full power and authority conferred upon lum to sign, execute, acknowled§e and deliver for and on its behalf as Surety as its act and deed, any bond, undertaking, consent or agreement, not exceeding """"""" """"""""" $2,000,000 00 which this Company may be authorized to write I i The First Community Insurance Company furthercertifiesthat the following is a true and correct copy of Article VI, Section 4 of the By -Laws duly adopted end now in force, to wit { SECTION 4, AUTHORIZED SIGNATURES All deeds, bonds, mortgages, contracts, and other instruments requiring a seal, and all endorsements, assignments, transfers, stock powers, bond powers or other instruments of transfer of securities standing in the name of the Corporation, and all proxies to vote upon or consents with respect to shares of stock of other companies standing in the name of the Corporation may be signed or executed by the Chairman of the Board or by the President or by any other officer authorized to sign such instrument by the Chairman of the Board or by the President or by the Board of Directors IN WITNESS WHEREOF, the First Community Insurance Company has caused these presents t be signed by its'Prssidenta d its Corporate Se a affixed by its Secretary this 1st day of iuly • 19 97 �r ATrES � � FIRST CO ULiAI NPE C ANY G stir Delano, Secretary David K Meehan, President ✓?/ 1� This Power of Attorney is signed and sealed by facstmile under and by the authority of the following Resolution adopted by the Board of Directors of the First Community Insurance Company at its monthly meeting held in August 1994 i RESOLVED, that the signatures of the President and the Secretary and the Seal of the Corporation may be affixed to any Power of Attorney or any certified copy thereof or any certification relating thereto, by facsimile mid any Power of Attorney or any certified copy thereof, or any certification relating thereto bearing such facsirrle signatures or facsimile seal shall be valid and binding upon the Corporation in the future with respect to any bonds, undertakings, recognizance or contracts of indemnity to which it is attached STATE OF FLORIDA COUNTY OF PINELLAS BEFORE ME, the undersigned authority, personally appeared DAVID K N=AN and G KRISTIN DELANO who acknowledged themselves to be the President and Secretary of First Community Insurance Company , a New York corporation, and they as such President and Secretary being authorized to do so; executed the foregoing instrument for the purposes therein contained by signing the name of the corporation by themselves as President and Secretary, and that said secretary affixed thereto the seal of the corporation and attested to the execution of the foregoing instrument IN WITNESS WHEREOF, I hereunto set my hand and seal this ist day of TuIv 19 97 KAREN M PINSON Notary Pvblb, Stab of Fbrft i Air Comm Expires Oct 29, IM '\ My Commission Expi No CC SMIo ('r I('/I _/ Ji `i /Y i Notary Public I, the undersigned, Secretary of First Community Insurance Companv do hereby certify that the original Power of Attornev, of which the foregoing is a full, true and correct copy, is in full force and effect t IN WITNESS WHEREOF, I have hereunto subscribed my name as Se ary, an fix the rporate seal of the Corporation this 4th day of August 1 19 98 (SEAL) `� G istm Delano, Secretary MOOR& CERTIOICATE OF INSURANCE 08/14/ 8 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Cedarleaf, Cedarleaf & Cedarleaf ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 360 W Larpenteur Ave P O BOX 64717 Saint Paul, MN 55164 HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW _ COMPANIES AFFORDING COVERAGE COMPANY ACNA Insurance Companies INSURED Earth Builders, Inc COMPANY B 134 FM 2264 Decatur , TX 76234 DO ``ANY COMPANY D COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS LTH TYPE OF INSURANCE POLICYNUMBER POLICY EFFECTIVE DATE(M M/DO//YY) PDATE(M M/DDT/YY) LIMITS A GENERAL LIABILITY 1021873179 10/01/97 10/01/98 GENERALAGGREGATE {2 000 000 X PRODUCTS COMP/OPAOG{2 000, 000 COMMERCIAL GENERAL LIABILITN CLAIMS MADE© OCCUR PERSONAL SADV INJURY {1 000 000 EACH OCCURRENCE {1 000 000 8 S CONTRACTOR 8 PROT —OWNER X FIRE DAMAGE (Anyone fire) { 100�000 PD Ded $500 MED EXPAny one person) It 5 000 A AUTOMOBILE LIABILITY ANYAUTO 1021869066 10/01/97 10/01/98 COMBINED SINGLE LIMIT { 750,000 _ X BODILY INJURY (Per person) { ALL OWNED AUTOS SCHEDULEDAUTOS BODILY INJURY (Per accident) { H IRED AUTOS NON OWNED AUTOS PROPERTY DAMAGE $ GARAGE LIABILITY AUTOONLY EAACCIDENT { _ OTHER THAN AUTO ONLY ANYAUTO EACH ACCIDENT { AGGREGATE { A EXCESSLIABILITY 1021869097 10/01/97 10/01/98 EACH OCCURRENCE {5 000 000 AGGREGATE {5 000,000 X UMBRELLA FORM 1 1$ OTHER THAN UMBRELLA FORM A WORKERS COMPENSATION AND WC1021869083 10/01/97 10/01/98 X STATUTORY LIMITS _ EACH ACCIDENT { 100 00O EMPLOYERS LIABILITY DISEASE POLICY LIMIT { 500 000 THE PROPRI ETOR/ INCL PARTNERS/EXECUTIVE OFFICERS ARE EXCL DISEASE EACHEMPLOYEE { ZOO OOO OTHER DESCRIPTION OF OPERATIONSILOCATIONB/VEHICLBB/SPECIAL ITEMS Project Bidi#2223 - Mockingbird Drainage Improvements The City of Denton, its Officials, Agents, Employees and volunteers are additional (See Attached Schedule ) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Denton EXPIRATION DATETHEREOF THE ISSUING COMPANY WILL ENDEAVOR TO MAIL Attn Ted Benavides 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TOTH E LEFT Denton, TX 76201 BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY ITS AGENTS OR REPRESENTATIVES AUTHORIZED REPRESENTAT E ACORD tt8•S B)l of 0 ACORD CORPORATION IN DESCRIPTIONS (Ccnftnuad from page 1.) 1 insurea, on a primary basis, within the scope of the insured's opearations on General Liability & Umbrella policies only