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HomeMy WebLinkAbout1997-349ORDINANCE NO h i- :[7 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 2124 PAVEMENT SPECIALISTS, INC $ 53,740 00 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 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 SECTION V That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the �f — day of j)iCe/n 1997 C 4'& e A� JACK MILLER MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY 2124 -_- - - � - -- CRACK SEALING OF STREETS CURTCO BAUM PAGE 1 OF 2 INC CONST NOVEMBER 6, 1997 CO 001 $62,000 00 PAVEMENT SPECIALISTS INC PROJECT LOCATION LISTINGS NO BTASST NAME FROM TO 1. ALLIES COL -DE -SAC 2. ANYBA MOCKINGBIRD DEAD-END 3. SAME PACE NOCKINGBIRD DEAD-END 4. BEVERLY MOCKINGBIRD S. BOARDWALK HILL LINCOLN 6. BONNIE BRAS UNIVERSITY DR RINEY NO 7. BUCKINGHAM HERCULES SHERMAN S. BURNING TRES WINDSOR SHERBON 9. CAMBRIDGE WELLINGTON OXFORD 10. CHAMBERS HILL DALLAS DR 11. CHRISTOPHER MOCKINGBIRD PACs 12. CHURCHILL NOTTINGHAM WINDSOR 13. OONDITT WESTON CUL-DE-SAC 14 COOK HILL ROBSRTSON 15. CORDELL CRESCENT FULTON 16. DIME CUL-Ds-SAC 17. HOPKINS DALLAS DR DEAD-END 18 HOWARD MOCKINGBIRD DEAD-END 19 INDUSTRIAL WYE DEAD -SKI) 20. JOYCE LANE HIGHWAY 77 DEAD-END 21. LAMY HOBBS PRAIRIE 22. MENG PAISLEY CUL-DE-SAC 23. MILL MORSE WYE 24. OXFORD NOTTINGHAM FIBATHSR 25. PAGE CHRISTOPHER BARNES 26 PACE WESTON PAISLEY 27 PAISLEY MOCKINGBIRD HILL DEAD-END 2B PARS SIMNONS 29. PICRWICR WINDSOR WELLINGTON 30. ROBERTSON HORSE BELL 31. ROYAL RUNS HERCULES BNSRMAN 32. RUDDSLL HICKORY MCKINNEs��� e,1 AHGELINA BEND 33. SANDY CREEK ANGELINA BEND 34. SHSRRTON HSRCULs. IMPERIAL 35. SIMMONS PARK DALLAS OR 36. TERRY CT MOCKINGBIRD DEAD-END 37 TRAVIS PIPING ROCK SANTA FS 38. VICTORIA CHURCHILL NOTTING[AM 39. WAYNE PERTAIN HO8ING0 40 WELLINGTON CHURCHILL KINGS ROW 41. WELLINGTON HERCULES SHERMAN 42. WEST OAR JAGOE BONNIE BRAS 43. WESTON MOOKINGBIRD PACE 44. WOODSON CIRCLE WEBTON CUL-DS-SAC 46. WYE INDUSTRIAL CRp88TIMBBA CONTRACT AGREEMENT STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT, made and entered into this 2 day of DACEMBER A.D., 19 97 , by and between TIE 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 P.0 BOX 2030 ROANOKE, TX 76262-4030 of the City of ROANOKE , County of - 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 # 2124 -- CRACK SEALANT OF STREETS in the amount of es1.74n_oo 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 which are made a part he tuts the entire contract. and 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. APPROVED AS TO FORM: AaAO184D Rev. 04/05/96 CA- 3 PAVEMENT CONTRACTOR • Box 200 MAILING ADDRESS 817 491-9777_ FAX NUMB BY TITLE - V E PRESIDENT CASEY L. HOLLOWAY PRINTED NAME (SEAL) CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Bidder's attention is directed to the Insurance requirements below. it is highly recommended that bidders confer with their respective Insurance carriers or brokers to determine in advance of Bid submission the availability of Insurance certificates 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 AAAW350 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 - so 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 sych 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 101121" Cl - 2 Insurance Requirements Page 3 SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: All Insurance policies proposed or obtained in satisfaction of this Contract shall additionally comply with the following marked specifications, and shall be maintained in compliance with these additional specifications throughout the duration of the Contract, or longer, if so noted: [11 A. General Liability Insurance: General Liability Insurance with combined single limits of not less than $500,000.00 shall be provided and maintained by the contractor. The policy shall be written on an occurrence basis either in a single policy or in a combination of underlying and umbrella or excess policies. If the Commercial General Liability form (ISO Form CG 0001 current edition) is used• • Coverage A shall include premises, operations, products, and completed operations, Independent contractors, contractual liability covering this contract and broad form property damage coverage • Coverage B shall include personal injury. • Coverage C, medical payments, is not required If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) Is used, it shall include at least: • Bodily injury and Property Damage Liability for premises, operations, products and completed operations, independent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures. • 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 Oil Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability Insurance with Combined Single Limits (CSL) of not less than $soo.000.00 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: e any auto, or is all owned, hired and non -owned autos [�l 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, ar Protective Liability insurance policy naming the I damage and bodily Injury which may arise in the contractor's operations under this contract AAAW350 REVISED 10112/04 Cl - 4 Owner's and Contractor's :itv as insured for urooerty prosecution of the work or Coverage shall be on an Insurance Requirements Page 5 "occurrence" basis, and the policy shalt 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 [ [ 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. [ 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. AAA00350 REVISED 10/12/94 Cl - b Insurance Requirements Page 6 ATTACHMENT 1 [XI Worker's Compensation Coverage for Building or Construction Projects for Governmental Entities A. Definitions: Certificate of coverage ("certificate") -A copy of a certificate of Insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor'slperson'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. S. 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 10112194 Cl - 6 Insurance Requirements Page y 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. AAA00350 Cl - 7 REVISED 10/12194 Insurance Requirements Page a I. The contractor shall contractually require each person with whom It contracts to provide services on a project, to: (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(") 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 and 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 IEVISED 10114/94 CI - 8 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. nnnoo3SD REVISED 1011:194 Cl - 9 BID NUMBER 2124 BID PROPOSALS CRY of ON"% Taus 901.8 Taw St. PumMoing DpaAwcum% Tax" "m Page 1 Of 2 CRACS BEAL BID TABULATION IlI EET 177/-70 TAL HIDALLISE NO 2 . 3 STRSHT ANYSA BEES FROM CDL-DE-SACOMOCKINGBIRD PACE WDZAD-END SHERMAN EMERSON OXFORD DALLAS DR PACE WINDSOR CUL—DE—SAC ROHERTSON FULTON DEAD-END DEAD-END DEAD-END DEAD-END PRAIRIE CUL-DE-SAC WYE HEATHER BARNES PAISLEY DEAD-END SIMMONS WELLINGTON BELL SHERMAN MCRINNEY .36'r /' S�4. Z /5. W 3ZO //__1`6, S OD 20 S 0 S 2 S O S $ S $ O S O $ $ 2 $ 8 $ 2 $ $ O $ 3� O $ ZO $ $ $ $ O $ BEVERLY BOARDWALK BONNIEUNIVERSITY BUCKING BURNING TREE CAMBRIDGE CHAMBERS CHRISTOPHER CHURCH174L CONDITT COOK CORDELL DIANE HOPKINS HOWARD INDUSTRIAL JOYCE LAKEY MENG MILL RD E E SLEY K KWICR ERT ON AL CRES DELL MOCKINGBIRD HILL DR HERCULES WINDSOR WELLINGTON HILL MOCKINGBIRD NOTTINGHAM WESTON MILL CRESCENT CUL-DE-SAC DALLAS DR MOCKINGBIRD WYE HIGHWAY 77 HORSE PAISLEY HORSE NOTTINGHAM CHRISTOPHER WESTON 4 MOCKINGBIRD HILL WINDSOR MOROI HERCUL83 HICKORY 7. e. 9. 10. il. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 132.1v BID NUMBER 2124 BID PROPOSALS Page 2 Of 2 City et Heaton, Texas 901 B Texas St. —___—_— � T.... Tavn 9,VA We quote the above f o b delivered to Denton. Texas Shipment can be made indays from receipt of order Terms netl30 unless otherwise Indicated In all d Items bY the ty of ton, Texas reasonable Period off timebid, the vendor conetltues a contract athat grees competed Bid Proposalptance of any s mustbeProperly priced, riced signed annd r tt Med within a PO BOX 2030 =-ZWWMPWM�� MEN M SPFC IS eeq.tun Bond No. 280 1191 S• � THE STATE OF TEXAS COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS That PAVEMENT SPECIALISTS, INC, whose address is P O. BOX 2030, ROANOKE, TX 76262-4030, hereinafter called Principal, and Reliance insurance Company , a corporation organized and existing under the laws of the State o and fully authorized to transact business in the State of Texas, as Surety, are held and firm y oun unto the City of Denton, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, and unto all persons, firms, and corporations who may furnish materials for, or perform labor upon, the building or improvements hereinafter referred to, in the penal sum of FIFTY THREE THOUSAND SEVEN HUNDRED FORTY and no/100--- ($53,740.00) in lawful money of the United States, to be paid in Denton County, Texas, for the payment of winch sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement winch reduces the Contract price decrease the penal sum of this Bond THE OBLIGATION TO PAY SAME is conditioned as follows Whereas, the Principal entered into a certain Contract, identified by Ordinance Number 97-349, with the City of Denton, the Owner, dated the 2 day of DECEMBER, A D 1997, a copy of winch is hereto attached and made a part hereof, for BID # 2124 — CRACK SEALING OF STREETS. NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties and make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying labor and/or material in the prosecution of the Work provided for in said Contract and any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby expressly waived, then this obligation shall be void, otherwise it shall remain in full force and effect PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive venue shall lie in Denton County, Texas AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the Work performed thereunder, or to the Plans, Specifications, Drawings, etc, accompanying the same, shall in anywise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc PAYMENT BOND - Page 1 This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, as amended, and any other applicable statutes of the State of Texas The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in DENTON County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Article 7 19-1 of the Insurance Code, Vemon's Annotated Civil Statutes of the State of Texas IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of which shall be deemed an original, this the 2 day of DECEMBER, 1997 ATTEST BY A&& N /20� ASST SECRETARY ATTEST - PRINCIPAL PAVEMENT SPECIALISTS, INC. BY / VICE PRESI NT SURETY RELIANCE INSURANCE COMPANY G BY BY ATT -IN-FACT Christy Eirons The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the processis NAME STREET ADDRESS (NOTE Date of Payment corporation, give a persons name ) PAYMENT BOND - Page 2 15)131 is not a t0008 ► l!� THE STATE OF TEXAS COUNTY, OF DENTON KNOW ALL MEN BY THESE PRESENTS That PAVEMENT SPECIALISTS, INC., whose address is P.O. BOX 2030, ROANOKE, TX 762624030, hereinafter called Principal, and Reliance Insurance Canpany , a corporation organized and existing under the laws of the State of and fully authorized to transact business in the State of Texas, as Surety, are held and fir unto the City of Denton, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, in the penal sum of FIFTY THREE THOUSAND SEVEN HUNDRED FORTY and no/100 — ($53,740.00) plus 10 percent of the stated penal sum as an additional sum of money representing additional court expenses, I attorneys' fees, and liquidated damages arising out of or connected with the below identified i,Contract, in lawful money of the United States, to be paid in Denton County, Texas, for the payment of which sum well and truly to be made, we hereby bind ourselves, our hens, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement which reduces the Contract price decrease the penal sum of this Bond THE OBLIGATION TO PAY SAME is conditioned as follows Whereas, the Principal entered into a certain Contract, identified by Ordinance Number 97-349, with the City of Denton, the Owner, dated the 2 day of DECEMBER A D 1997, a copy of which is hereto attached and made a part hereof, for BID # 2124 — CRACK SEALING OF STREETS NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill all of the undertakings, covenants, terms, conditions and agreements of said Contract in accordance with the Plans,1 Specifications and Contract Documents during the original term thereof and any extension thereof watch may be granted by the Owner, with or without notice to the Surety, and during the life of any guaranty or warranty required under this Contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Sudety being hereby waived, and, if the Principal shall repair and/or replace all defects due to faulty materials and workmanship that appear within a period of one (1) year from the date of final completion and final acceptance of the Work by the Owner, and, if the Principal shall fully indemnify and save harmless the Owner from all costs and damages which Owner may suffer by reason of failure to so perform herem and shall fully reimburse and repay Owner all outlay and expense which the Owner may incur in making good any default or deficiency, then this obligation shall be void, otherwise, it shall remain in full force and effect PERFORMANCE BOND - Page 1 PROVIDED FURTHER, that if any legal action be filed upon this Bond, exclusive venue shall lie in Denton County, State of Texas AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc , accompanying the same, shall in anywise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, as amended, and any other applicable statutes of the State of Texas The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in DENTON County to whom any requisite notices may be delivered and on whom service of process may be had in matters ansmg out of such suretyship, as provided by Article 7 19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of which shall be deemed an original, this the 2 day of DECEIVIBER,1997 ATTEST PRINCIPAL PAVEMENT SPECIALISTS, INC. BY akxr-o' a1r,4 O ' BY AssT. SECRETARY VICE/PRESIDENT / ATTEST SURETY RELIANCE INSURANCE COMPANY BY ATTO - AIN F CT Christ E1ron The Resident Agent of the Surety in Denton Coymty, Texas for delivery of notice and service of the processis I NAME STREET ADDRESS Y'y) D `l 1 (NOTE Date of Performance corporation, give a nerson's name ) must be date df Contract PERFORMANCE BOND - Page 2 75 a3) is not a RELIANCE SURETY COMPANY RELIANCE INSURANCE COMPANY UNITED PACIFIC INSURANCE COMPANY RELIANCE NATIONAL INDEMNITY COMPANY ADMINISTRATIVE OFFICE, PHILADELPHIA, PENNSYLVANIA POWER OF ATTORNEY KNOW ALL MEN BY THOSE PRESENTS, that RELIANCE SURETY COMPANY Is a corporation duly orgahited under the laws of the State of D* aware, and that REUAN46 INSURANCE COMPANY and UNITED PACIFIC INSURANCE COMPANY, we oorporstlone duly organized under the laws M d,a Cwow,nnootrdM hmrMv.nlm ate that RELIANCE NATIONAL INDEMNITY COMPANY is a corporation duly organised under the laws of the $tore of WNoonsi;ha" oo9eotl CONW 'tne es"f $M am ON CANVOeoda nY vlfws of ■ m anc Sean as rmOOV mess, ocrodul a and appointR EYotla. S. 1111 A Soles.. M Huron. Olio their true and awful AttornWeNn•Foot, to make, execute. Sul grid dand on Chair behalf, and a their act and dead any end ON bands and WldwtakNeS of surety" and to bind the Compardee thereby and to the came extent a lf such bonds and undoruikhgs and other writings obligatory in the nature thereof war$ signed by an Executiver at the CompaNa and ceded and attaead by one other of such oMoen, and herobv ratifies and Son irfne all that titan add AtrerrsylsFiay do in ppurnuana hereof authority the This Power of AttogrrwOMPAN MUNITED PACIFIC INSanted under and URANCE COMPANY, snd RELIANCE of Article VII of the NA NATIONAL ws of RELIANCE I DEEMNITYURETY COMPANY�wNoh RELIANCEanowinINSURANCE fare* and provisions are now in /W, fares end effect, reading a follows MMU VN • CtaCrf1011 Or & No$ AND UNOWTAKWU 1 The eetod un Ieoe" Oo fferldwd, dgo Cldmrt d d" aewd, wry arir haw PtNWN gory Vlee PreoWre r Awkwd Vleo Poeeldwe w haw Ones, dn*WW by d" 4tod d 01"aen one haw moss, ti scooy to W WPM AM-001•4 hw togs" toWwW atom r ewrAe w, lights of Ste Crwwr Mind, tow wgse,rMgse, reeeelbgolew, rtwM OF IWlIgg y s,w edw,vologse aydry In dle,wtoo agtwee0 ago M w rreeye ON torn AaamwaMnPug w RW brio W "wMe sir eoowr rue rd"dry Om o d"o, t Atte,rrvwFYvrwtawa I"w mown togs smomay, oulaW a so /row trod NmMeb,w at sir Pwvw of Atow"y Mad r them, r w..w d*M w bWW of Ind Cr,"r,v Mob tow uwndwgoa owneobwteew„' ee,betw d M,b"tdtr togs cow - roil ob kdwy In sir roaw tawed The wregoae gad Is ,w nomme ov for d" veedMv d gory Mob togs udovialdr es,. trewowumw erwwo at MW,dtdt0 togs Woo "WM,P ewkrwv w C" ow"e doo - e Ans,vYtirl,"i gad have mown OW wWooaf w werw dadww oe yred goM be atoe bed to ob"e , terb•as, gol0, Of YgsrwNv r Dow awWd",a oreeNrrry ,etlrteYYee rr rue dry tld due"Prior woo toommor r man to firm" wuaunwe of On Croywry tow to wdw d the et' 1 at tlr CroN,d to rev rdolm s, rondo Shred TWe Peww d Atwnw de MrtodI WW eW W et' N=Modo W" woo by m*mft d dr fetewMe reeeMdlon Mee"d My d" MWWA oe rue /Yuen 1anwt1 Old" eetrb of oewwe of RWrw Metrtone Conga Wigs Ntouutme Cwywry gags RWtow Madrid Indaewv Crnmm or INrrnwto Commt domed w d Fab--- v se 1"4 togs by On awadoe togs Flo CwenNw a sir aagod M 0�re d Redraw Wery Cargnv W IMwinw CawR dead r d Mwa, et, /NM 'Endue/ due ate w M rant deeaw wtl dees,e wW d" gad d dw Cw 4 ww mw be elllwd w rry rid, homer d Atiwr"y w eve artlMaw rdetMa dteras by beeYnle,wd tory wag IN, at Ano rmy or eertall begoMW rngt lerI 1 eitr,euew r lewlnile Owl o"d be vdld rue I,YdY,e wen so, CemPtoov and &W nW, rows, r arwd toe erdnod W fetebgse drwww ad fwdnae Ord Mat be veld god MW Wp wag, d" Cawtr y M d" Iwn wM rwmoet to gory good or wgsrtdYry to w11 It M rbtr"d.. IN WITNESS WHEREOF, due Convodos have cased timed presents to be signed and their corporate ado to be hereto affixed. this August 7, low RELIANCE SURETY COMPANY RELIANCE INSURANCE COMPANY UNITED PACIFIC INSURANCE COMPANY SGL, sees: e y STATE OF Perwstdverds )k COUNTY OF Pldledelphie 1 all. On We. August 7. ION, before tree, VWnole Wanhom. Personally OPPOWW Charles E gWwdh, who acknowledged hbnedf to be the Executive Vice President of the Rollance Surety Canpony. end the Via Praddwe at Ragetas Insurance Congarry, United Pacific Insurance Company, and Reliance Notions Ind Company and tint as ash, being authodtW to do so, executed the foregeing Involu nsnt for the purpoes thereon contained by signing the ttrnc of the corporation by NmuN nits duly euthod=sd offlax. In woo wharoef, I hereunto set any hand and official aged. ` NOTARIAL SEAL VALENCIA WORTHAM Notary Public OF Ft City of Philadelphia Phila. Count' �T Notory Public in snd for the Shre of Pennsylvania Commission Excites Nov 18 1996 Redding at WtSedelphle I, ANp N 8eofet of RELIANCE SURETY COMPANY RELIANCE INSURADE COMPANY, UNITED PACIFIC INSURANCE COMPANY, and RELIANCE NATIONAL ININITY COMPANY do hereby aWfy that the abew end }t teasing is a true and correct copy of the Power of Attorney executed by add Campairdoo. which is ON in full faros end offect IN WITNESS WHEREOF,11 hew hnsunto set my hand Oral affixed the sore of said Companies aid. 21tddav of December is 97 1 Fir secretary W ,F''roA"4 eF 'tee�et C SSAI. iH SEAL 1 ®� �Ir e1 Ave L+rM.+ ACCiRDM M T,��I�AT 1 `L�' BILITY INSURANCE I .2 Di�jiiD �) IRwoucEq THIS CERTIFICATE 18 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Dawson & Eirons Ins Agcy Inc. 345 Williams Street HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW COMPANIES AFFORDING COVERAGE Huron OR 44839 COMPANY A Fidelity/Guaranty Ins Und Inc - 33- 9- - g INSURED COMPANY B COMPANY C— Pavement Specialists Inc 265 Marshall Creek Rd COMPANY D P O Box 203Q Roanoke T$ 76262 oOVERA08s 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 LTR TYPE OF INSURANCE POLICY NUMBER POUCYEFECTIVE DATE IMMIOD/YYI POLICYEXMMTON DATE (MM/DDIYYI LIMITS GENERAL LIABILITY GENERAL AGGREGATE E 2 000.000 $ PRODUCTS COMP/OP AGO P1 000 000 A COMMERCIAL GENERAL LIABILITY 1HP30135470200 04/01/97 04/01/98 PERSONAL & ADV INJURY 9 1,000,000 CLAIMS MADE 7X OCCUR EACH OCCURRENCE L 1 000 000 OWNER S & CONTRACTORS PROT I FIRE DAMAGE (My am lire) $ 300,000 Per Project Agg • MED EXP Wry are Foram A 10,000 A AUTOMOBILE LIABILITY ANY AUTO IMP30135470200 04/01/97 04/Ol/96 COMBINED SINGLE LIMIT t 1.000 r 000 _ $ BODILY INJURY IF., Fsnon) i ALL OWNED AUTOS SCHEDULED AUTOS $ BODILY INJURY (Par eadd.nt) L HIRED AUTOS NON OWNED AUTOS $ PROPERTY DAMAGE F GARAGE LABILITY AUTO ONLY EA ACCIDENT F _ OTHER THAN AUTO ONLY ANY AUTO EACH ACCIDENT 9 AGGREGATE E EXCESS LIABILITY EACH OCCURRENCE E AGGREGATE / UMBRELLA FORM T OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND WC STATU 0 H EL EACH ACCIDENT A EMPLOYERS LIABILITY EL DISEASE POLICY LIMIT t THE PROPRIETOR/ INCL PARTNERS/EXECUTIVE OFFICERS ARE EXCL EL DISEASE EA EMPLOYEE F OTHER tt DESCRIPTION OF OPERATIONS CATIONSNEHCLES/SPECIAL ITEMS Projects Of i A$e Mo. 97-349 Crac Sealing of Streets Refer to G 1795#1 QRRY QATE HOLQFIt v , ,+ OANWAATION DEHTO-3 SHOULD ANY OF THE ABOVE DEBCMBLD POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF THE IS6mNG COMPANY WILL MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT City of Denton SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 901 B Texas Street Denton T$ 76201 OF ANY BIND UPON THE COMPANY ITS AGENTS OR REPRESENTATIVES ALIT ACORO 254 I1 /951 pRMUrMi OACQRD CQRPORATION 1988 THIS ENDORSEMENT CHANG98 THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED ENDORSEMENT This endcraernant modifies Inaurarles provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART WHO IS AN INSURED (Section In is amended to include as on insured any person or organization (caned additional insured) whom you are mqukW to add as an additional assured on this policy under: A written contract or agreememl: or 2. An oral agreement or conwietwhers a certifkate of nsurance showing that person or organization as an addhtionai Insured had been ink; buc the written or and ca.mu at agreement must boo (a) ourmr* in effect or becoming effective during the term of this POW. and (b) executed prior to the "bodily Injury.' "property damage.' 'personal Injury,* or "advardaing injury " The insurance provided to the additional insured Is limited as follows: That person or organtzWon is only an sddfdonal insured with. sapeat to liability adding out of a. Prerttisla you am, rent, (ease. 01 occupy or b. "Your work" for that add eft Insured by or for you. 2. The limps of Inaurenca sppdeable 10 ft addidonal insured are ftes specified in the wrion contract or agreement or In the Dgclarations for this policy whWhaver era lase. Thess Ilmft Of insurance are Inclusive of and not in addition to the limps of In utance shown In the Declsratbns. The insurance provided to the additional Insured does rtat apply to "bodily injury', 'property, damage", 'personei Injury" or "advertising Injury' ar" ruff of an archum's, engkiear's, or summyor s rendering of or (allure to render any pr9fassionai serviges Including: I The WeParijtg, approving, or falling to prepare or approve maps. drawings, opkdons, reports, surveys, change orders, design or speeMcadone; and L SuparvlscM inspection, or angfnearkvg servicas. Any coverage provided hereunder shad be exoeas am any artier valid and coifectlbfe kvauranos available to one addtional insured whether primary, 11 " a I a, ocnengem or on any other basis unless a contract speeiNcatly requires that this insurance be primary or you request that k apply on a primary basis. THIS ENWASEMPW 16 A PART OF YOUR PCUCY AND TAKES 0:;FECf ON THE EFFECTIVE DATE CIF YOUR POLICY UNLESS + N MSR EFFECTIVE DATE IS SHOWN ]BELOW. POLICY CKANGIII NO. EFRCTIVE DATE OF THIS MUCY CHANGE 1 4/1/97 COUN SIGNEd DATE AUTH IZED ATIVE 12/11/97 Additional Insured. City of Denton, its Officials, Agents G.17987.8 Employees and volunteers (90 MIM Such insurance is primary to any other insurance available to the additional insured with respect to claims covered under the poolicy and that this insurance applies separately to each insure against whom claim is made or suit is brought The inclusion of more than on insured shall not operate to increase the insurers limit of liability Certificate of Insurance I I 11 CI RTII K AT I IS ISSUED AS A MATTI R Of INFQRMA I ION ONLY AND CONFERS NO RI( HTS UION YOU 1 HE CERTIFICATE 1101 DER THIS CFRTIHCAI E IS NOT AN INSURANCI POLICY AND DOES NOT AMEND EXTEND OR ALTFR THP COVE RACE AI FORDP D BY THE POI ICII S LIS] ED BELOW This is to Certify that wi PAVEMENT SPECIALISTS, INCPO BOX349 Name and LIBERTY NAPOLEON, OH 43W , address Of MUTUAL Insured Is, at the Issue date of this certificate, Insured by the Company under the policy(ies) listed below The Insurance afforded by the listed pollcy(les) Is sub act to all their terms exclusions and conditions and is not shared by any requirement tens or condition of any Contract or other document with respect to which this red Irate may be Issued EXP DATE ❑ CONTINUOUS TYPE OF POLICY ❑ EXTENDED POLICY NUMBER _ _ ® POLICY TERM WORKERS 411/98 COMPENSATION WC7-181-022871 027 GENERAL LIABILITY ® OCCURRENCE ❑ CLAIMS MADE AUTOMOBILI LIABILITY ® OWNED ® NON OWNEC ® HIRED OTHER ADDITIONAL COMMENTS RE. BID NO. 2124 CRACK SEALING OF STREETS DENTONt TEXAS LIMIT OF LIABILITY COVERAGE AFFORDED UNDER WC LAW OF THE FOLLOWING STATES ALL STATES EXCEPT COVERAGE EXCLUDING AK, ME NV, OH, RI, WA, WV, WY igregate Other EMPLOYERS LIABILITY Bodily Injury By Accident $500,000 Each Accident Bodily Injury By Disease $500,000 Poli cy _Limit Bodily Injury By Dlsasse $500,000 Each Products/Completed Operations Aggregate Bodily Injury and Property Damaqe Liability Per Occurrence Personal Injury Per Person/ Organization Other Other Each Accident Single Limit I B I and P D Combined I Each Person Each Accident or Occurrence Each Accident or Occurrence I WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF DENTON IS INCLUDED — If the certificate expiration date Is continuous or extended term you ill be notified i wf coverage Is terminated or reduced before the certificate expiration date SPECIAL NOTICE OHIO ANY PERSON WHO WITH INTENT TO DEFRAUD OR KNOWING THAT HE IS FACILITATING A FRAUD AGAINST AN INSURER SUBMITS AN APPLICATION OR FILES A CLAIM CONTAINING A FALSE OR DECEPTIVE STATEMENT IS GUILTY OF INSURANCE FRAUD NOTICE OF CANCELLATION (NOT APPLICABLE UNLESS A NUMBER OF DAYS IS ENTERED BELOW) BEFORE THE STATED EXPIRATION DATE THE COMPANY WILL NOT CANCEL OR REDUCE THE INSURANCE AFFORDED UNDER THE ABOVE POLICIES UNTIL AT LEAST 3D DAYS Liberty Mutual Group NOTICE OF SUCH CANCELLATION HAS BEEN MAILED TO CITY OF DENTON 870 Lorene E Murray CERTIFICATE 901 B TEXAS STREET AUTHORIZED REPRESENTATIVE HOLDER DENTON, TEXAS 76201 Cleveland, OH (800) 582-2503 12/2/97 OFFICE PHONE NUMBER DATE ISSUED 88772A R10 This ceriicat, b) LIBERTY MUTUAL CROUP as respects such insurance is is iffordcd by Thosc Compimes BS 772L R2