HomeMy WebLinkAbout1997-064ORDINANCE NO q %-&* //
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
SF.CTION_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
2000 H AND J CONSTRUCTION $ 28,570 90
SECTION_1I 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
1
SECTION 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
SE Tt ION-V That this ordinance shall become effective immediately upon its passage and
approval
PASSED AND APPROVED this the 7-A" day of 7)(4AA--k-� 1997
JA MILLER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
By kbU.4�
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
BYA— -- ���I
DATE MARCH 4, 1997
re) 0WK8 0111►CN10J010114A
TO Mayor and Members of the City Council
FROM Kathy DuBose, Executive Director of Finance
SUBJECT BID # 2000 - SEQUOIA PARK SIDEWALK REPAIR
RECOMMENDATION: We recommend this bid be awarded to the lowest bidder, H and J
Construction, in the amount of $28,570 90, with completion in 15 days
SUMMARY: This bid is for the replacement of a 4' wide sidewalk, curb/gutter, driveway
approaches and handicap ramps in various locations in the Sequoia Park Addition Repairs are
primarily located on Boyd, Redwood and Shawnee Also included is the removal of old concrete and
the installation of approximately 360 square yards of sod, as well as all necessary barricades, erosion
control and excavation
PROGRAMS, DEPARTMENTS -OR GROUPS AFFECTED, Citizens in the Sequoia Park
Addition
FISCAL IMPACT: This bid is a Community Development Block Grant funded project
Account # 219-05C-CDCC-8502
Attachment Tabulation Sheet
Respectfully submitted
Kathy—Dulose
Executive Director of Finance
Approved
Name Tom D Shaw, C P M
Title Purchasing Agent
833 AGENDA
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-_i V 1
CONTRACT AGREEMENT
STATE OF TEXAS S
COUNTY OF DENTON S
THIS AGREEMENT, made and entered into this 4 day of
MARCH A.D., 1997 , 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
H & J CONSTRUCTION
151 SOUTH MAIN STREET
_KELLER, TX 76249
of the City of KELLER , County of TARRANT
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 # 2000 - SEQUOIA PARK SIDEWALK REPAIR
in the amount of 28,570.90 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
accordance with the plans, which includes all maps, plats,
CA - 1
blueprints, and other drawings 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.
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.
ATTE
APPROVED AS TO FORM:
City Attorney
AAA0184D
Rev 04/05/96
CA - 3
OWNER
BY-
H & J CONSTRUCTION
CONTRACTOR
151 South Main Street
er, Texas 76248
MAILING ADDRESS
817_379_5549
PHONE NUMBER
Henry J Tinker
PRINTED NAME
(SEAL)
PERFORMANCE BOND
STATE OF TEXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS: That H & J CONSTRUCTION
of the City of KELLER
County of TARRANT , and State of TEXAS
as PRINCIPAL, and
as SURETY, authorized under the laws of
the State of Texas to act as surety on bonds for principals, are
held and firmly bound unto the CITY OF DENTON
as OWNER, in the penal sum of TWENTY EIGHT THOUSAND FIVE HUNDRED SEVENTY
and 90/100---- Dollars ($ 28,570.90 ) 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 ,
1997, for the construction of BID # 2000 - SEQUOIA PARK SIDEWALK
REPAIR
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
performed, 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 same extent as
if they were copied at length herein.
PB - 1
PROVIDED FURTHER, that if any legal action be filled upon this
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 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 Surety have signed
and sealed this instrument this day of ,
19_
By
Ti
Address:
Principal Surety
(SEAL)
Title
Address:
(SEAL)
The name and address of the Resident Agent of Surety is:
NOTE: Date of Bond must not be prior to date of Contract.
ARA0184D
Rev. 04/05/96
PB - 2
PAYMENT BOND
STATE OF TEXAS §
COUNTY OF DENTON S
KNOW ALL MEN BY THESE PRESENTS: That H & J CONSTRUCTION
of the City of KELLER
County of TARRANT , and the State of TEXAS ,
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
THE CITY OF DENTON , OWNER, in the penal sum of
O
TWENEIGHT THOUSAND FIVE HUNDRED SEVENTY and 90� jo
TY llars ($ 28,570.90 )
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
1997 .
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
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
S
KNOW ALL MEN BY THESE PRESENTS:
as Principal, and
That H & J CONSTRUCTION
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 TWO THOUSAND EIGHT HUNDRED FIFTY 6%N and 09/100--
Dollars ($ 2,857.09 ), 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 (
has this day entered into a writ
of Denton to build and construct
contract with the said C1
BID # 2000 - SEQUOIA PARK SIDEWALK REPAIR
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 days 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 its
Attorney -in -Fact
and the said Attorney -in -Fact has hereunto set his hand this
day of
SURETY:
BY
Attorney -in -Fact
AAA0184D
Rev. 04/05/96
, 19
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PRINCIPAL:
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 fads 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
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REVISED 10/12/94 CI - 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(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 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
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Insurance Requirements
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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
[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
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 (XCU) exposures
• Broad form contractual liability (preferably by endorsement)
covering this contract, personal Injury liability and broad form
property damage liability
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Insurance Requirements
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[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
[X1 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)
[ 1 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
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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 1 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 1 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
[ 1 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 1 Additional insurance
Other insurance may be required on an individual basis for extra hazardous
contracts and specific service agreements If such additional Insurance Is
required for a specific contract, that requirement will be described in the
"Specific Conditions" of the contract specifications
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ATTACHMENT
[XI 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 01 1(44) for all employees of the contractor providing services
on the project, for the duration of the project
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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
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
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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 01 1(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
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(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
REVISED 10/12/94 Cl - 9
WORK DAYS
BID NO
PO NO
BID TABULATION SHEET
ITEM
DESCRIPTION
QUANTITY
UNIT I UNIT PRICE
TOTAL
3-C
Remove Walks and Drives
495
SY
$ S, q? /sY
$ a� 9SS,i
Unit Price in Words
3 1
Preparation of
--
LS
Right -of -Way
j Sm
Unit Price in Words
e J
3 12
Temporary Erosion Control
--
LS
$ 6W /LS
Unit Price in Words
s e / 5
8 1
Barricades, Warning signs
LS
$ S^� /LS
-
$ z)�Q
and Detours
Unit Price in Words
/
8 3A
4" Concrete Sidewalk
with Fiber Reinforcement
583
SY $ �a /SY
S
Unit Price in Words
1 21
Contractors Warranties
--
LS
$ /LS
and Understandings
Unit Price in Words
.�
SP-39
Project Sign
1
EA $�� /EA
$SRO
Unit Price in Words
q
rl t(re�.l
3-B
Remove Curb and Butter
237
IF
$ 7U,O /LF
J
$/
Unit Price in Words
VG
3 3
Unclassified Excavation
138 Cy
$ /OGD /CY
$ �3�d
Unit Price in Words
P - 4
WORK DAYS 15
BID NO
PO NO
BID TABULATION SHEET
IT&N
DESCRIPTION
QUANTITY
UNIT
UNIT PRICE
TOTAL
F82-A
Concrete Curb and
Gutter
237
LF
$ /%/9Si /LF
$J .S"Jl%
i
Unit Price in Words
o
SP-2
Concrete Sawcut
650 LF
$ /LF
'
$ 97s
Unit Price in Words
nG
8 3-B
6" Concrete Sidewalk
with Fiber
36 SY $-� /SY
$ 9oa
Unit Price in Words
3 9
Sod
360 SY
$ �2DD /SY
Unit Price in Words
O w
S /
S
$ /
$
$ /
5
S /
S
S / S
SAL
Serxn
Total
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ID &-D Surety and insurance Agency
`
500 N Central Expressway -
r
1' Suite 223
Plano, Texas; 75074=6762
� 972
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a Number 578-5404
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Fax Number 229-578-5407
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STATE OF TEXAS
COUNTY OF DENTON
S
S
KNOW ALL MEN BY THESE PRESENTS: That H & J CONSTRUCTION
of the City of KELLER
County of TARRLNT , and State of TESAS
as PRINCIPAL, and Ncbel TncmaM9 (ugly
as SURETY, authorized under the laws of
the State of Texas to act as surety on bonds for principals, are
held and firmly bound unto the CITY OF DENTON
as OWNER, in the penal sum of TWENTr EIGHT THOUSAND FIVE HUNDRED SEVENTY
_and 90/100---- Dollars ($ 28,570.90 ) 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 < day of MARCH ,
1997 , for the construction of BID 8 2000 - SEQUOIA PARR SIDEWALK
REPAIR
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
performed, 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 same extent as
if they were copied at length herein.
PB - 1
90z \0I131HISV00 C H 4£SS 6L£ LT9 Xtl3 90 LT 10 £0190
PROVIDED FURTHER, that it any legal action be, filled upon this
bond, venue shall lia in Denton County, State of Texas.
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 anti 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 Surety have signed
and sealed this instrument this 7th day of rbccil ,
19 9
By—
iL...
i
(SEAL)
Babel B-s� Qnq:ay
Surety
Address: 5M'Orth Omtral. DTMssway snte 223
Plano, Mc 75074
(SEAL)
The name and address of the Resident Agent of Surety is:
d & d 9ffety and Inssarce Ptgary
NOTE: Date of Bond must not be prior to date of Contract.
X"0184D
Rev. 04/05/96
PB-2
got NOLLonaLSNOo f H 6£SS 6L£ LTS rM g0 LT L6, £0/90
PAYMENT BOND
STATE OF TEXAS S
COUNTY OF DENTON S
KNOW ALL MEN BY THESE PRESENTS: That R 6 J CONSTRUCTION
of the City of TELLER
County of TARRANT , and the State of TES
as principal, and Notes Insa-arge ompmw
authorized under the laws Of the State Of Texas to act as surety on
bonds for principals, are held and firmly bound unto
THE CITY OP OENTON , OWNER, in the penal sum of
TWENTY EIGBT T80IISAND PIVB BIINDRED SEVENTY and 90/ 'p011ars ($ 28,570.90 )
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 ,
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
L02 Noiion8ZSN03 C H M 9 64£ LT9 IVd 90 LT L6, £0/90
gurety, for value received, stipulates aild 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 Surety have
signed and sealed this instrument this 7th day of Much
1997
ou.!._„
Principal
s:r
(SEAL)
Notel hwzwre Ompwy
Surety
Plano, 2X 75074
(SEAL)
The name and address of the Resident Agent of Surety is:
d S d Szety aryl D ssmm naetcy
500 North amttal Dcpt�y SLdte 223 Plam, Taw 75C74
AAA01840
ROv. 04/05/96
PB - 4
90M NOI=&LSN00 r H ►C99 BLC ITS YVd g0 11 IS. CO/90
MAZUENANCE BOND
THE STATE OF TEXAS
COUNTY OF DENTON
S
S
KNOW ALL MEN BY THESE PRESENTS: That H & J CONSTRUCTION
as Principal, and t1�1 Trmmn * rt==
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 TWO THOUSAND EIGHT -HUNDRED pxM SEAR and 09/100—
Dollars ($_ 2,857.09 ), 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
AID A 2000 - SEOWT71 PARK SIDEWALK REPAIR
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
602) NoizonN.LSN00 f H MS 6LC ITS IVA 90 IT L6, SO/90
accordance with said contract and supply such matpriais and charge
the same lagainst 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 u x. ,T Cnc+nr+im
as Contractor and Principal, has caused these presents to be
executed by Vhr c8O,J
and the said M_V2 Dma-atne Cxpwy
as surety, has caused these presents to be executed by its
Attorney -in -Fact FawnFaknea _
and the said Attorney -in -Fact has hereunto set his hand 7th
day of M=h , 1997
SURETY:
- Lam.`" ���L._ .•
Sian X11hi rn
Attorney -in -Fact
AM0184D
Rev. 04/OS/96
MB - 2
PRINCIPAL:
OTIM X0I13nKLSNoo r R bCS9 SIC LTC IVA 20 IT 19. CO/90
NOBEL INSURANCE COMPANY
GENERAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, That NOBEL INSURANCE COMPANY has made, constituted and appointed, and by
these presents does make, constitute and appoint
Dennis H Moore, Jeffrey L Bolin or Karen Kubica
its tine and lawful A ttomey-m-fact, for it and in its name, place, and stead to execute on behalf of the said Company, as surety bonds,
undertakings and contracts 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 million 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 Cl Nana of the Board, the Via Cloonan of the Board, the President, an Executive Vim President or a Semor Vice President or a
Vice President of the Company be and that each or my of them is, anthonzed to execute Powers of Attorney qualifying the attorney in fact earned in the arum power
of Attorney to "an" in behalf of the Company bonds undertakings and all contracts of suretyship and that an Assistant Vim president. a Secretary or an Assonant
Secretary be and that each or my of them hereby is authorized to msst the execution of my such Power of An=" and to attach therein the Seal of the Company
FURTHER RESOLVED that the signatures of each officros and the seal of the Company may be affixed to any such Power of Attorney or to my
certificate relating thereto by faosimtle and my such Power of Attomey or certificate beans such facsimile maneuver or famonde seal shall be valid and binding upon
the Company when an affixed and in the future with respect to my bond, undertaking or contract of suretyship to which it is attached
In Witness Whereof, NOBEL INSURANCE COMPANY has caused its official seal to be harmonic affixed, and these presents to be mated by one of its
Vim Presidents and attested by one of its Assistant Via Presidents this In day of October 1995
Attest NOBEL INSURANCE COMPANY
By
as .0p, n
4,SEAL 6
Wilham Omwla Gordon Assistant Vice President Emil 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 axed to the said instrument is such corporate 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
i. ONFlCNL am
w�^+J
N OAP E
N
NOTARY PUBLIC
orm
MY rAUST N FxpIREil
AUGUST taae
CERTIFICATE
Xe,-- � -
Lenora N 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 full 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 form
Signed and sealed at the city of Atlanta in the State of Georgia Dated the
71�
day of
�aaalNpr m
Charles B Cape Assistant Secretary
629321
A01411119. CERTIFICATE OF
INSURANCE MOM. °o;,p„ 7
PRODUCER
THIS CERTIFICATE 18 ISSUED AS A MATTER OF INFORMATION
Sox Insurance Agency
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER THIS CERTIFICATE DOES NOT AMEND EXTEND OR
1200 S. Main, Suite 1800
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW
Grapevine TX 76051
COMPANIES AFFORDING COVERAGE
017-481-3529
COMPANY
A The Ohio Casualty Group
INSURED
COMPANY
B
Henry Tinker DEA
COMPANY
H & LT Construction
151 South Main Street
Keller TX 76248
C
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
_.
CO TYPE OF INSURANCE POLICY NUMBER
LTR
POLICY EFFECTIVE JPOLICY EXPIRATION uM1T8
DATE IMMIOORIY) DATE IMMNDIVYI
GENERAL
LIABILITY
OENERAL AGGREGATE_
62,000,000
IA
COMMERCIAL GENERAL LIABILITY
CLAIMS MADE ® OCCUR
TED
04/02/97I
04/02/98
I
X
PRODUCTS COMPIOPAGO
02 000,000
PERSONAL & ADV INJURY
L 1, 000, Q00
EACH OCCURRENCE
B 1, 000, ODD
OWNER 6 & CONTRACTOR'S PROT
X
$250 PD Deduatibl
FIRE DAMAGE (Any on.Mn)
F 50,000
MED EXP IARv one vemoni
8 S, 000
A
AUTOMOBILE
LIABRDY
ANY AUTO
TE
04/02/97
04/D2/98
COMBINED SINGES OMIT
L
500, 000D
X
ALL OWNED AUTOS
SCHEDULED AUTOS
BODILY INJURY
(P., 0ers.nt
9
X
L
HIRED AUTOS
NON OWNED AUTOS
I
BODILY INJURY
IPel aeuJeini
X
PROPERTY DAMAGE
L
-- -- — ---
GARAGE LIABILITY
AUTO ONLY EA ACCIDENT
e
I
ANY AUTO
k
I OTHER THAN TUT° ONLY
e
EACH ACCIDENT
8
AGGREGATE
EXCESS LIABILITY
EACH OCCURRENCE
e
AGGREGATE
e
UMBRELLA FORM
L
OTHER THAN UMBRELLA FORM
WORKERS COMPENSATION AND
I STATUTORY LIMITS
EMPLOYERS LIABILITY
EACH ACCIDENT
P
THE PROPRIETOR!
PARTNERIVEXECUTIVE INCL
I DISEASE POLICY LIMIT
L
D
OFFICERS ARE EXCL
DIBEARE EACH EMPLOYEE
OTHER
i
I
DESCRIPTION OF OPERATIDNBILO TIONBNEMCIEBaPECIAL ITEMS
CONCRETE CONSTRUCTION
URBAN
LFtOLD
CMOLBJ
&RTISf ADDITIONAL INSURED
•+ CORRECTED CER I TS +•
CER77FlCATE HOLDER
CANCELLATION
CIITY012
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION OATS THEREOF THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
30 DAYS WRITTEN NOTICETO THE CERTIFICATE HOLDER NAMEDTO THE LEFT
CITY OS' DENTON, ITS OFFICIALS,
AGENTS, EMPLOYEES a VOLUNTEERS
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPORE NO OBLIGATION OR LIABILITY
110E WEST OAK
OF ANY KIND UPON THE WPANY 98 AQENT8 OR REPREBBITATIVE6
AUTHORMED RFPREBENTq
DENTON TX 76202
ACORD 26 S 131931
WACORID CO TIQN 1993
Mar 12 '97 13 01 FAX P 1
STATE OF OHIO
BUR$AU OF WORKERS' COtAPENSATION
COLUMBUS, OHIO 43210 2256
CERTIFICATE OF PREMIUM PAYMENT
This certifies 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 SPECIFISD BELOW
1109306 1 �I 01/01/1997 THRU 08/31/1997
5z J 41SQt&a1lR� '=
CO 8U$ "` I
82.
d d ,�dC Q
DP-R2
ONKOO �.d1
BwC - INN Inev 31w) ADWNIEVTRATOR
THIS CERTIFICATE MAY BE REPRODUCED AS NEEDED
12/03 '97 11 06 Tb/RX NO. 0911 POl