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HomeMy WebLinkAbout1997-063ORDINANCE NO 9?'D<a3 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING FOR AN EFFECTIVE DATE 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 1999 H AND J CONSTRUCTION $ 34,903 50 SECTION II That the acceptance and approval of the above competitive bids shall not constitute a contract between the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, and insurance certificate after notification of the award of the bid SECTION 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 171 SECTIOSLIV 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 Y That this ordinance shall become effective immediately upon its passage and approval '' ' PASSED AND APPROVED this the 6 � day of _7K4dZ11`) _ ,1997 ATTEST JENNIFER WALTERS, CITY SECRETARY BYQ �+JXV� APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY,��"r/� J MILLER, MAYOR 2 DATE MARCH 4,1997 CITY COUNCIL -REPORT TO Mayor and Members of the City Council FROM Kathy DuBose, Executive Director of Finance SUBJECT BID # 1999 - SOUTH CENTRAL SIDEWALK REPAIR RECOMMENDATION We recommend this bid be awarded to the lowest bidder, H and J Construction, in the amount of $34,903 50, with project completion in 10 working days SUMMARY: This bid is for the replacement of 4' wide sidewalk, curb/gutter, driveway approaches and handicap ramps along the south side of Greenlee Street, from I35 to Bernard Included is the removal of old concrete and the installation of approximately 600 square yards of sod as well as all necessary barricading, erosion control and excavation PROGRAM"EPARTMENTS ORGROUPS AFFECTE — Citizens along Greenlee Street FISCAL IMPACT. This bid is a Community Development Block Grant funded project Account #219-05C-CDCJ-8502 Attachment Tabulation Sheet Respectfully submitted . ) � �5 Katfty-DuBdse Executive Director of Finance Approved Name Tom D Shaw, C P M Title Purchasing Agent 834 AGENDA ) ■ ��® ( } \ )2 ) % -- -- §� § \ \ \§ -- - -- - - \ ` 1 � 2 � � $ - - - -- - - -- } \ « � CONTRACT AGREEMENT STATE OF TEXAS f COMITY OF DENTON $ THIS AGREEMENT, made and entered into this 4 day c= MARCH A.D., 19 97 , by and between CITY OF DENTON of the County of DENTON and State of Texas, act.--= through TED BENAVIDES thereunto duly authorized so to do, hereinafter termed "OWNER," and H & J CONSTRUCTION 151 SOUTH MAIN STREET KELLER, TX 76248 of the City of KRT.T.RR , County of TARRAMT and State of TES , 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 # 1999 - SOUTH CENTRAL SIDEWALK REPAIR in the amount of S34.903.50 and all extra work in connection therewith, under the terms as statel 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, suparintandenca, labor, insurance, and other accessories and services necessary to complete the work specified above, in accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), Instructions to Bidders, and the Performance and Payment Bonds, all attached hereto, and in accordance with the plans, which includes all maps, plats, CA - 1 plans, which includes all maps, plats, blueprints, and otherdrawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by: DEPARTMENT OF ENGINEERING AND TRANSPORTATION all of which are made a part hereof and collectively evidence and constitute the entire contract. 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. 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 ATTES I C APPROVED AS TO FORM: City Attorney AAA049F4 CA - 3 o. y_ • ' R W • G GAL. (SEAL) H & J CONSTRUCTION CONTRACTOR MAILING ADDRESS 817-379-5549 PHONE NUMBER o17_17n gglA FAX NUMBER By .� /-ti President ATIT Henry J. Tinker PRINTED NAME (SEAL) • '1j kvi, F41el : • STATE OF TEXAS $ COUNTY OF DENTON $ KNOW ALL MEN BY THESE PRESENTS: That H & J CONSTRUCTION of the City of Kria" County of TAT , and State of TEXAS as PRINCIPAL, and as SURETY, authorized under the laws of the State of Texas to act as #uraty on bonds for principals, are held and firmly bound unto the THE CITY OF DENTON as OWNER, in the penal sum of TATRTY P'OIIR mROIIa M NINE RIINDRE AND THREE _ 90/100 ---- Dollars (S 34.903_50 ) for the payment whereof, the said Principal and Surety bind themselves, are their hairs, administrators, executors, successors and assigns, Jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the OWNER, dated the 4 day of NCH , 19 97 , for the construction of BID # 1999 - SOUTH CENTRAL SIDEWALK RF.DATR which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. Now, THEREFORE, the condition of this obligation is such, that if the said principal shall faithfully perform said Contract and shall in all respects, conditions and agreements in and by said contract agreed and covenanted by the Principal to be observed and perfor3ped, and according to the true intent and meaning of said Contract and the Plans and Specifications hereto annexed, then this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of the Texas Government Code, Chapter 2233 (Vernon, as currently amended), and all liabilities on this bond shall be determined in accordance with said provisions to the same extent as if they were copied at length herein. PH-1 PROVIDED FURTHER, that if any legal action be filled upon th_s bond, venue shall lie in Denton County, State of Texas. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the tares a: the contract, ar to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in any wav 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. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this day of , 19 Principal surety By Title Address: (SEAL) Title Address: (SEAL) The name and address of the Resident Agent of surety is: NOTE: Data of Bond must not be prior to date of Contract. ARA0184D Rev. 07/28/94 PB - 2 PROVIDED FURTHER, that if any legal action be filled upca bond, venue shall lie in Denton County, state of Texas. Surety, for value received, stipulates and agrees that nc change, extension of time, alteration or addition to the tars c: the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in any way affect its obligation on this bond, and it does hereby waive not:ca Of any such change, extension of time, alteration or addition tc the terms of the contract, or to the work to be par_o=a_ thereunder. IN WITNESS WHEREOF, the said Principal and Surety have sigrac and sealed this instrument this 19 By Title Address: Principal (SEAL) day of Title Address: Surety (SEAL) The name and address of the Resident Agent of Surety is: NOTE: Data of Bond must not be prior to date of Contract. AAA0184D Rev. 07/28/94 PS - 2 PAYMENT BOND STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That H & J CONSTRUCTION of the City of RELLER County of TARRANT , and the State of TES , as principal, and authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto CITY OF DENTON , OWNER, in the penal sum of THIRTY FOUR THOUSAND NINE HUNDRED AND THREE 50/100 Dollars ($ 34,903.50 ) for the payment whereof, the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the 4 day of MARCH 19 97 . BID # 1999 - SOUTH CENTRAL SIDEWALK REPAIR to which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then this obligation shall be void, otherwise to remain in full force and affect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of the Texas Government Code, Chapter 2253 (Vernon, as currently amended), and all liabilities on this bond shall be determined in accordance with said provisions to the same extent as if they were copied at length herein. PB - 3 Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in any way 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. IN WITNESS WHEREOF, the said Principal and signed and sealed this instrument this day of 19 By Title Address: Principal (SEAL) Title Address: Surety (SEAL) Surety have The name and address of the Resident Agent of Surety is: AAA0184D Rev. 04/05/96 PB - 4 MAINTENANCE BOND THE STATE OF TEXAS COUNTY OF DENTON S KNOW ALL MEN BY THESE PRESENTS: That H & J CONSTRUCTION as Principal, and a corporation authorized to do Surety, do hereby acknowledge pay unto the City of Denton, a of Texas, its successors and Texas, the sum of THREE THOUSA business in the State of Texas, as themselves to be held and bound to Municipal Corporation of the State sssions. at Denton, Denton County, Dollars ($ 3,490.35 ), ten (10%) percent of the total amount of the contract for the payment of which sum said principal and surety do hereby bind themselves, their successors and assigns, jointly and severally. This obligation is conditioned, however, that: WHEREAS, said H & J CONSTRUCTION has this day entered into a written contract with the of Denton to build and construct BID # 1999 - SOUTH CENT which contract and the plans and specifications therein mentioned, adopted by the City of Denton, are filed with the City Secretary of said City and are hereby expressly incorporated herein by reference and made a part hereof as though the same were written and set out in full herein, and; WHEREAS, under the said plans, specifications, and contract, it is provided that the Contractor will maintain and keep in good repair the work therein contracted to be done and performed for a period of one (1) year from the date of acceptance thereof and do all necessary backfilling that may become necessary in connection therewith and do all necessary work toward the repair of any defective condition growing out of or arising from the improper construction of the improvements contemplated by said contractor on constructing the same or on account of improper excavation or backfilling, it being understood that the purpose of this section is to cover all defective conditions arising by reason of defective materials, work, or labor performed by said Contractor, and in case the said Contractor shall fail to repair, reconstruct or maintain said improvements it is agreed that the City may do said work in MB - 1 accordance with said contract and supply such materials and charge the same against the said Contractor and its surety on this obligation, and said Contractor and surety shall be subject to the damages in said contract for each day's failure on the part of said Contractor to comply with the terms and provisions of said contract and this bond. NOW, THEREFORE, if the said Contractor shall perform its agreement to maintain said construction and keep same in repair for the maintenance period of one (1) year, as herein and said contract provided, then these presents shall be null and void and have no further effect; otherwise, to remain in full force and effect. It is further agreed that this obligation shall be a continuing one against the Principal and Surety and that successive recoveries may be had hereon for successive breaches of the conditions herein provided until the full amount of this bond shall have been exhausted, and it is further understood that the obligation to maintain said work shall continue throughout said maintenance period, and the same shall not be changed, diminished, or in any manner affected from any cause during said time. IN WITNESS WHEREOF, the said as Contractor and Principal, has caused these presents to be executed by and the said as surety, has caused these presents to be executed by Attorney -in -Fact and the said Attorney -in -Fact has hereunto set his hand this day of SURETY: BY: Attorney -in -Fact 19 AAA0184D Rev. 04/05/96 NB - 2 PRINCIPAL: its CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Bidder's attention is directed to the Insurance requirements below It is highly recommended that bidders confer with their respective Insurance carriers or brokers to determine in advance of Bid submission the availability of Insurance certificates and endorsements as prescribed and provided herein If an apparent low bidder fails to comply strictly with the insurance requirements, that bidder may be disqualified from award of the contract Upon bid award, all insurance requirements shall become contractual obligations which the successful bidder shall have a duty to maintain throughout the course of this contract STANDARD PROVISIONS: Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted work has been completed and accepted by the City of Denton, Owner, the minimum Insurance coverage as Indicated hereinafter As soon as practicable after notification of bid award, Contractor shall file with the Purchasing Department satisfactory certificates of insurance, containing the bid number and title of the project Contractor may, upon written request to the Purchasing Department, ask for clarification of any insurance requirements at any time, however, Contractors are strongly advised to make such requests prior to bid opening, since the insurance requirements may not be modified or waived after bid opening unless a written exception has been submitted with the bid Contractor shall not commence any work or deliver any material until he or she receives notification that the contract has been accepted, approved, and signed by the City of Denton All insurance policies proposed or obtained in satisfaction of these requirements shall comply with the following general specifications, and shall be maintained in compliance with these general specifications throughout the duration of the Contract, or longer, if so noted • Each policy shall be issued by a company authorized to do business in the State of Texas with an A M Best Company rating of at least A • Any deductibles or self -insured retentions shall be declared in the bid proposal If requested by the City, the insurer shall reduce or eliminate such deductibles or self -insured retentions with respect to the City, its AAA00350 REVISED 10/12/94 Cl - 1 Insurance Requirements Page 2 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 provide thirty(30) 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 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 AAA00350 REVISED 10/12194 CI - 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 maintained in compliance with these additional specifications throughout the duration of the Contract, or longer, if so noted. (XI 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 CIS 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 (XCLI) exposures • Broad form contractual liability (preferably by endorsement) covering this contract, personal Injury liability and broad form property damage liability AAA00350 REVISED 10/12/94 Cl - 3 Insurance Requirements Page 4 [XI 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 [XI 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) [ I 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 AAA00350 REVISED 10/12/94 Cl - 4 Insurance Requirements Page 5 "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 [ I 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 [ 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 [ I 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 AAA00350 REVISED 10/12/94 CI - 5 Insurance Requirements Page 6 ATTACHMENT [X) Worker's Compensation Coverage for Budding 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 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 AAA00350 REVISED 10/12194 Cl - 6 Insurance Requirements Page 7 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 end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended E The contractor shall obtain from each person providing services on a project, and provide to the governmental entity (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project, and (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, If the coverage period shown on the current certificate of coverage ends during the duration of the project 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 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 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 AAA00350 Cl - 7 REVISED 10112/94 Insurance Requirements Page 8 The contractor shall contractually require each person with whom It contracts to provide services on a project, to (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401 011(44) for all of its employees providing services on the project, for the duration of the project, (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage Is being provided for all employees of the person providing services on the project, for the duration of the project, (3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, If the coverage period shown on the current certificate of coverage ends during the duration of the project, (4) obtain from each other person with whom It contracts, and provide to the contractor (a) a certificate of coverage, prior to the other person beginning work on the project, and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, If the coverage period shown on the current certificate of coverage ends during the duration of the project, (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter, (6) notify the governmental entity In writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project, and AAA00350 Cl _ 8 REVISED 10112/94 Insurance Requirements Page 9 (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 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 K 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 AAA00360 Cl - 9 REVISED 10/12194 WORK DAYS 10 BID NO PO NO South Central S dewalk Repair BID TABULATION SHEET QUANTITY UNIT UNIT PRICE TOTAL ITEM DESCRIPTION 3-C Remove Walks and Drives 40 SY $ /SY $ D7c Unit Price in Words a 3 1 Preparation of Right -of -Way — LS $ / $ o0 Unit Price in Words � ✓ Ca 3 12 Temporary Erosion Control — LS $ /LS I $ soo, Unit Price in Words 8 1 Barricades, Warning Signs and Detours — LS $ as $ 00, Unit Price in Words 8 3A 4" Concrete Sidewalk/Fibers 1, 049 SY $ 8do /SY $ Unit Price in Words £ a l 87 Concrete Retaining Wall 4 CY $ /p /SY $ %0 ma Unit Price in Words / 121 Contractors Warranties and Understandings — LS $ $ -20,9 d Unit Price in Words/ SP-39 Project Sign 1 EA $ S©a /EA $ j-Da Unit Price in Words u „ 3-13 Remove Curb and Gutter 254 LF $ Soo /LF $ / a 7D Unit Price in Words �0 , a�.4,, . reo7T P - 5 WORK DAYS to sr BID NO PO NO BID TABULATION SHEET DESCRIMON QUANTITY UNIT UNIT PRICE TOTAL ITEM 3 3 Unclassified Excavation 234 CY $ /C $ 113v27 Unit Price in Words �� ti 4r a A,, c 8 2-A Concrete Curb and Gutter 254 T LF $ i odl-F $ 3 a Unit Price in Words SP-2 Concrete Sawcut 291 LF $ 6Z /LF $ y36,sv Unit Price in Words. "r f C-9Z L: 8 3-B 6" Concrete Sidewalk with Reinforcement (Steel and Fibers) 61 SY $ /SY $ Unit Price in Words ,' w 8 v6,6 ZzA r 3 9 1 Sod 600 Sy $ 2, pp /SY $ /a 19 Unit Price in Words , o /� / 'S s g/' SO Dd/[a.rs 3Sj9v3)45 l� a — .�� — Y —j'" —� _— — it 3—TPr•—��_— _ _...' F I ; r > f I � r L '14 a � #£v ,�r ' {�> '� � ' , �rr'dY`e �� ✓n } ,x I .. t P," I �n.yyT e>¢,r {v 1�' , F i I! i ylR7• I i, } 111 f+Vt<P RY. I F d i t I r t 1 � � ; �` �¢ ' • I ' 4j a ra I � aiteYw vva»T�mwK>wm I i � i(t tx x , i � I 53 op If If I 1 I3� i �Y .q yr I s 1 i }i)v Rt\fV i pp fi n ,f r tf � Ep , igl xfa r� . o F ' if 5 + }f +%fq P { 4 Ii S ' ,r DI Surety, and Insurance Agency , I` 3 500 N Central Expressway , I Suite 223 "f I i xr I i Piano, Texas 75074-6762 I'r � 972 'Phone umber 578-5404 I h I d Fax Number 5407 -578 t 972 `— , I = 31 — , I — i — { Li } 7 1 T f �1 [3 e L - , 4 _ _ — , L If n t I s It k 1— �- _� - J Tt fy j 1 1 t 1 � `i 1 fkL STATE OF TEXAS COMITY OF DENTON s S KNOW ALL MEN BY TEESE PRESENTS: That H a J CONSTRUCYION , of the City of KBLLM County of TART , and state of TMEAS as PRINCIPAL, and *+mil rnanarr a t`amary , as SURETY, authorized under the laws of the State of Texas to act as Hursty on bonds for principals, are held and firmly bound unto the TER CITY OF Dr W as OWNER, in the penal cum of IMTRTY FOUR THOUS* xTxr+ H[RIDRPJ] AND THREE soiion---- Dollars ($ 14.9Dl_90 1 for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the OWNER, dated the a day of :ARCH , 19 97 , for the construction of BID ! 1999 - SOUTH CENTRAL SIDL-WALK which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, the condition of this obligation is such, that if the said principal shall faithfully perform said Contract and shall in all respects, conditions and agreements in and by said contract agreed and covenanted by the Principal to be observed and parfor*ed, and according to the true intent and meaning of said Contract and the Plans and Specifications hereto annexed, then this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of the Texas Government Code, Chapter 2253 (Vernon, as currently amended), and all liabilities on this bond shall be determined in accordance with said provisions to the sama extant as if they were copied at length herein. Ps . 1 WE VOLLO[121.LSV00 C A 6C99 64C LT9 XVd 90 LT 18 CO/90 PROVIDED FORTMMe that it any legal action be tilled upcvtthis bond, venue Shell lie in Denton County, state of Texas. Surety, for value received, stipulates and agrees that cc change, extension of time, alteration or addition to tha texas a, the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in any war affect its obligation an this bond, and it does hereby vaYva notica of any such changa, extension of time, alteration or addition t: the terms of the contract, or to the work to be partorad thereunder. IN WZTNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 7t' day of Much , 97 _ Cl)U /dvtSi+tttffi %u_ ✓ui Njoel L-surnm ompany Principal Surety Title �ers fir [ Title .Taffn T._ FMin attaTW-in Fact (SEAL) 5.• .... •nu c a....��.:� (SEAL) The name and address of the Resident Agent of Surety is: NOTE: Data of Hand must not be prior to date of Contract. AM01840 Atv. 07/29/94 PB - 2 9T 12 Noiioa moo P H 4C99 6L£ ITS YYd 90 IT L6. £0/90 PAYMENT BOND STATE OF TEXAS S COUNTY OF DENTON S KNOW ALL MEN BY THESE PRESENTS: That a e J CONSTRUCTION of the City of XELLER County of TARRANT , and the State of TES as principal, and Nabel 7nararm Omlm¢ty authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto CITY -OF DENTON OWNER, in the penal sum of THIRTY FOUR THOUSAND NINE HONORED AND THREE 50/100 Dollars ($ 34,903.50 ) for the payment whereof, the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the 4 day of MARCH 19 97 BID # 1999 — SOUTH CENTRAL SIDEWALK REPAIR to which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then this obligation shall be void, otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of the Texas Government Code, Chapter 2253 (Vernon, as currently amended), and all liabilities on this bond shall be determined in accordance with said provisions to the same extent as if they were copied at length herein. PB - 3 9TIE NOLLOQ2ls= P R 4£SS OLE LIS YY3 90 LT L8, £0/90 Surety, for value received, stipulates arld agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in any way 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 bs performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this M day of M31ci 19 9- . �-T-- Principal Address: IS7,s� Z4&/,t (SEAL) (SEAL) The name and address of the Resident Agent of Surety is: AAA01840 Rev. 04/05/96 PH-4 LT21 moim Ius= C 6 4C99 SLC LT9 YV3 90 LT LS. 90/90 MAINTENANCE BOND THE STATE OF TEXAS COUNTY OF DENTON S KNOW ALL MEN BY THESE PRESENTS: That H G i CONSTRUCTION as Principal, and N-kpl jD2ZW= Q=V= a corporation authorized to do business in the State of Texas, as Surety, do hereby acknowledge themselves to be held and bound to pay unto the City of Denton, a Municipal Corporation of the State of Texas, its successors and assigns, at Denton, Denton County, Texas, the sum of THREE THOUSAND POUR RUMP= NINETY AND 35/100 Dollars ($ 3,490.35 ), ten (10%) percent of the total amount of the contract for the payment of which sum said principal and surety do hereby bind themselves, their successors and assigns, jointly and severally. This obligation in conditioned, however, that: WHEREAS, said H 6 T CONSTRUCTION has this day entered into a written contract with the said City of Denton to build and construct BID 1 1999 - SOUTH CENTRAL SIDEVALK which contract and the plans and specifications therein mentioned, adopted by the City of Denton, are filed with the City Secretary of said City and are hereby expressly incorporated herein by reference and made a part hereof as though the same were written and set out in full herein, and; WHEREAS, under the said plans, specifications, and contract, it is provided that the Contractor will maintain and keep in good repair the work therein contracted to be done and performed for a period of one (1) year from the date of acceptance thereof and do all necessary backfilling that may become necessary in connection therewith and do all necessary work toward the repair of any defective condition growing out of or arising from the improper construction of the improvements contemplated by said contractor on constructing the same or on account of improper excavation or backfilling, it being understood that the purpose of this section is to cover all defective conditions arising by reason of defective materials, work, or labor performed by said Contractor, and in case the said Contractor shall fail to repair, reconstruct or maintain said improvements it is agreed that the City may do said work in MB - 1 9TID N0110nHiSN00 f H 4C99 BLC ITS %Y3 20 IT IS, C0190 accordance with said contract and supply such materials and charge the same against the said Contractor and its surety on this obligation, and said Contractor and surety shall be subject to the damages in said contract for each day's failure an the part of said Contractor to comply with the terms and provisions of said contract and this bond. NOW, THEREFORE, if the said Contractor shall perform its agreement to maintain said construction and keep same in repair for the maintenance period of one (1) year, as herein and said contract provided, then these presents shall be null and void and have no further effect; otherwise, to remain in full force and effect. It is further agreed that this obligation shall be a continuing one against the Principal and Surety and that successive recoveries may be had hereon for successive breaches of the conditions herein provided until the full amount of this bond shall have been exhausted, and it is further understood that the obligation to maintain said work shall continue throughout said maintenance period, and the same shall not be changed, diminished, or in any manner affected from any cause during said time. IN WITNESS WHEREOF, the said T; r,,Tnmsnr+,m as Contractor and Principal, has caused these presents to be executed by and the said as surety, has caused these presents to be executed by its Attorney -in -Fact and the said Attorney -in -Fact has hereunto set his hand this _ 7 day of March 1 19 97 SURETY: AAA0184D Rev. 04/05/96 MB - 2 PRINCIPAL: 61 ® NOI10aILLSNOo f H 6C99 6LC LT9 XVd 90 LT 16, CO/90 NOBEL INSURANCE COMPANY �fToo629320 GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, ThatNOBEL INSURANCE COMPANY has made, conannm id and appointed, and by these presents does make. constitute and appoint Dennis H Moore, Jeffrey L Bolin or Karen Kubica its true and lawful attomeyin•fect, for it and in Its name, place, and stead to execute on behalf of the said Company, as surety, bonds, undertakings and comsticta of suretyship to be given to ALL OBLIGEES provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of ************Three nuthon five hundred thousand ($3,500,000)************ This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company on the 24th day of August. 1995 "RESOLVED, that the Chairmen of the Board, the Vice Che rmeo of the Board, the Resident. m Executive Vim President or a Santa Vim President Or e Vim President of the Company be, end tot each a my of them w authorized m "auto Power$ Of Attorney gall mg the anomay in fact named m the given Power of Attorney to "wow in behalf of the Company, bends, underWdap end all contracts of nnagship, end that se Aseisian Vim President. a Seerersiy or an Amsient SecmtM be ead that each a my of them hereby I& authorized to aneat the mmmttm of my web Power of Attere" end to mach thereto the seal of die Company FURTHER RESOLVED, that the sipatmes of Such officers and the sal of the Company may be afflad to my such Power of Avaoey Or m eery cemficate reining ORero by facsimile, and my Such Power of Attorney or mreficate banns web learn, a spumes a famumde sal shall be valid and boxing apen the Company when se affixed and in the finew with respect to my bond, undertaking or watrect of suraWshrp w which it is enached." In W tenesa Wberenf, NOBEL INSURANCE COMPANY hu mused its official seal to be beesmta affixed. and these presents to be spied by one of a Vim Presidents and attuned by me of is Assistant Vim Presidents this la day of October 1995 Attest NOBEL INSURANCE COMPANY By ♦•.•�eA,r •e daa.SEAL Willem Osceola Gordon. Asnsimt Vim President * Fmi B Askew Vim President STATE OF GEORGIA } Ss COUNTY OF DEKALB On this Ist day of October 1995 before me personally came Emil B Askew to me known who being by me duly sworn did depose and say that he is a Vice President of NOBEL INSURANCE COMPANY the corporation described in and which executed the above instrument, that he knows the seal of the said corporation, that the seal affixed to the said instrument IS such eorporare seal that It was so affixed by order of the Board of Directors of said corporation and that he signed his time thereto by like order }., orricw.sEx >•�./ LERCRA N CARE • •� RUatic MV fAWUST3 E%S ciwwx Auausrs riseREI CERTIFICATE LenoraN Cape NOTARY PUBLIC My Commission Expires August 3, 1998 1, the undersigned, an Assistant Secretary of NOBEL INSURANCE COMPANY a Texas corporation, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney remains in Hill force and has not been revoked, and furthermore that the Resolution of the Board of Directors, set forth In the said Power of Attorney, Is now in foraQ,./ Signed and sealed at the city of Atlanta in the State of Georgia Dated the 76 day of ' 19 Fly, Charles B Cape Assistant Secretary 4-07-1997 2 07PM FRCM 9OX INSURANCE AGENCY 817 424 1404 P 2 lu •RMIU MA Sam zao%&x*nee A4enw 1200 9. Malm- 8aika 1000 ara9eaLas Tx 76081 Ssa>Cy TLakaM i7®7► s a a COaetrue+riaa 151 seueb WAA-- 91treet Geller Ta 76248 A TMDFNWYAAA!! A Oa19ML IL44A aaMNelauoeaRAL�11AMlm T8D a . CLAM!IVAN W OCCUR OWNWG 4 CONINACTOR'8 FROT s Bi60 91F beduar'l AIRMlOMLM UAMINY A ANY AIITa TU x ALLOWMOAUTOT NCHMULM AUTOO A MAnt x NOWOwNM1 AUTO! ANY AVID WE La!!RY www" FORM ClMAAN, The Ohio Cp4ualt2T awcug M-M a leomn 04 07 97 RMAT 1ATs CIO OR OOYpANY e COMPANY 0 COMPANY 1 aim ITTNBD TO THE INBURTD NAMED ABOVE FOR THE POLICY PVMCD F ANY CONTRACT OR OTHER POCLIMTNT WAN RT4PeOT 16 L+ Kw" TM19 By THS P8Y PN OLO 9CRIW0 "OVA IS SUBJECT TO ALL THE TERM& %TEN NNmv Wmww! 1006W!N_FILNI LOIR'! 04/02/971 04/01/8e 04/02/97 0a/02/9e*PNmmv R/AMnae ! � #H A��?�ITS001aL IIYB�. Nl'$' IMllt`flll Eip� .pye9l. ' i• ....�•�l' J"S ^P11 !� eNONLOAOYOFTMeANMO POLIO®T6MMOd1�TR0ll YII! C7[TYOi� TO MIAIL 30 A1N WMT mp W T161 TW C OOM"J%MW MOORTOOVMLA" �r aWAwMTOlaoTITTTe71M0lRtT.w1tNOIne4 CZWV Or agwr , TTE 079ICTA%W.FPFWuuIRlmYALMlONNoeleaaNAUIMFOFlYOA41YATMNnaurMlm Aumsl $wgwms a VOLWMI=u OF ART THl WNP WY OauNlMM*ATIYMI 1.109 WHET C" AINM!!® DMMn T Tj 76209 ' AA 'OYi1ftVIB4Z101N Ip' 07/04 '97 14 09 TXlgt NO 1147 P02 Zp Homa2LL6N0o C H 4C99 BLC LTS YVd 9Z VT L0, 60l" Mar 1� '97 13 01 FAX P 1 STATE OF OHIO SVREAU OF WORKERS' COMPENSATION COLUMBUS. OHIO 43215 2255 CERTIFICATE OF PREMIUM PAYMENT This certifles that the employer listed below has paid Into the State Insurance Fund as required by law Therefore, the employer is entitled to the rights and benefits of the fund for the period specified THIS CERTIFICATE MUST BE CONSPICUOUSLY POSTED RISK NO AND EMPLOYER PERIOD SPECIFIED BELOW 1109308 Y, t�I 01/01/1997 THRU 08/31/1997 H15) 57 EMP 9'4 coupupUs m E1"923q CIF 6 C DP 22 ADMINISTRATOR aWC-1622(REV 306) THIS CERTIFICATE MAY BE REPRODUCED AS NEEDED 12/03 '97 11 06 TX/RX NO 0911 POl