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1998-216 ORDINANCE NO AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF A CONTRACT FOR PUBLIC WORKS ON DRAINAGE IMPROVEMENTS FOR MOCKINGBIRD CULVERTS IN THE AMOUNT OF $164,437 90, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTWE DATE (BID # 2223 - MOCKINGBIRD DRAINAGE IMPROVEMENTS AWARDED TO EARTH BUILDERS, 1NC IN THE AMOUNT OF $164,437 90) WHEREAS, the City has sohclted, received and tabulated competitive bids for the constmctmn ofpubhc works or unprovements m ac~eordanee with the procedures of ST-ATE law and City or&nanees, and WHEREAS, the City Manager or a designated employee has received and recommended that the hereto described bids are the lowest responsible bids for the construction of the public works or improvements described m the bid invitation, bid proposals and plans and specifications therein, NOW, TItEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the following competitive bids for the construction ofpubhc works or improvements, as described m the "Bid Inwtations", "Bid Proposals" or plans and specifications on file m 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 N~ER CONTRACTOR AMOUNT 2223 EARTH BUILDERS, INC. $164,437.90 ~ That the acceptance and approval of the above competitive bids shall not constitute la contract between the City and the person submitting the bid for construction of such public 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 furmshmg of performance and payment bonds, and insurance certificate after notlficatloh 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 b!ds 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 TI~C,[T!.Q..~ That upon acceptance and approval of the above compet~tlve bids and the execution of contracts for the pubhe works and anprovements as anthonzed hereto, the C~ty Council hereby authorizes the expenditure of fmads an the manner and an the mount as speeffied in such approved b~ds and authorized contracts executed pursuant thereto SECTION V That flus ordinance shall become effective ammedmtely upon ~ts passage and approval PASSED AND APPROVED th~s the ~/~ dayof ~~,1998 , J ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY 2223 MOCKINGBIRD CONTRACT ORDINANCE Jill ~ ~ 1998 CITY OF DENTON LE~3AL DEPT TABULATION SHEET BID # 2223 BID NAME MOCKINGBIRD DRAINAGE EARTH LINDER- DBR COPPELL JESKE IMPROVEMENTS BUILDING STAHL CONST CONST CONST CO CONST DATE 25-Jun-98 TOTAL BID AWARD $164,437 90 $164,937 49 $181,446 50 $185,659 20 $209,538 45 3 CONTRACT AGREEMENT STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT, made and entered into this 4 day of AUGUST A.D., 1998, by and between CITY OF DENTON of the County of DENTON and State of Texas, acting through TED BENAVIDES thereunto duly authorized so to do, hereinafter termed "OWNER," and EARTH BUILDERS, INC. 134 FM 2264 DECATUR, TX76~4 of the City of DECATUR County of WISE and State of TEXAS, hereinafter termed "CONTRACTOR" WITNESSETH That for and m consideration of the payments and agreements hereinafter mentioned, to be made and performed by OWNER, and under the conditions expressed in the bonds attached hereto, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified below BID # 2223 - MOCKINGBIRD DRAINAGE IMPROVEMENTS in the amount of $164,437.90 and all extra work in connection therewith, under the terms as stated in the General Conditions of the agreement, and at his (or their) own proper cost and expense to furmsh all materials, supphes, 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 ~n CA- 1 accordance w~th the plans, which includes all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof, and the Speclficanons therefore, as prepared by ENGINEERING DEPARTMENT all of which are made a part hereof and collecttvely evidence and constitute the emlre contract Independent Status It Is mutually understood and agreed by and between City and Contractor that Contractor is an independent contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas, for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, worker's compensation, or any other City employee benefit C~ty shall not have supervision and control of Contractor or any employee of Contractor, and ~t is expressly understood that Contractor shall perform the services hereunder according to the attached specifications at the general dlrectton of the City Manager of the City of Denton, Texas, or his designee under thxs agreement Indemnification Contractor shall and does hereby agree to indemnify and hold harmless the C1W of Denton from any and all damages, loss, or habfi~W of any land whatsoever, by reason of injury to property or third persons occasioned by any error, omission or negligent act of Contractor, ~ts officers, agents, employees, ~nwtees, and other persons for whom it is legally liable, with regard to the performance of th~s Agreement, and Contractor will, at ~ts cost and expense, defend and protect the City of Denton against any and all such clam~s and demands Choice of Law and Venue This agreement shall be governed by the law of the State of Texas and venue for ~ts construction and enforcement shall he m the courts of Denton County, Texas The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth In written not~ce to commence work and complete all work within the tn-ne stated m the Proposal, subject to such extensions of t~me as are promded by the General and Specml Condmons The OWNER agrees to pay the CONTRACTOR m current funds the price or prices shown m the Proposal, whmh forms a part of th~s contract, such paymems to be subJeCt to the General and Specml Condmons of the Comract CA - 2 IN WITNESS WHEREOF, the parties of these presents have executed thls agreement m the year and day first above written ATTEST OWNER (} (SEAL) ATTEST ~O~T~CTOR MAILING ADDRESS FAX NUM7 BY TiTLe./~#4 ~/~ '" APPROVED AS TO FO~ P~NTED ~E CITY ATTORNEY CA - 3 CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Bidder's attention is directed to the Insurance requira, mants below. It ia highly recommended that biddem confer with their respective ,nsurence carriers or brokers to determine in advance of Bid submission the avmlabiiity of insurance certificates and endorsements aa prescribed and provided herein. If an apparent Iow bidder fads to comply strictly with the insurance requirements, that bidder may be disqualified from award of the contract. Upon bid award, all insurence requirements cheil become oontrsctual obligations which the successful bidder shall have a duty to maintain throughout the oouree of this contract. STANDARD PROVISIONS: W~thout limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted work has been completec and accepted by the C~ty of Denton, Owner, the mlmmum ~nsurance coverage as indicated heramaftar As soon as practicable after notification of bid award, Contractor shall file wnh the Purchasing Department satisfactory cemficates of ~nsurance, containing the b~d number and title of the project. Contractor may, upon wntten request to the Purchasing Department, ask for clarification of any |nsurance requirements at any time, however, Contractors are strongly edv,sed to make such requests pnor to bid opemng, since the ~nsurance requirements may not be modified or waived after bid opening unless a wnt~en exception has been aubm,~ed with the bid. Contractor shatl 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 msurence pohctes proposed or obtained ,n satisfaction of these requirements shall comply w,th the following general specifications, and shall be maintained ~n comphance w,th these general specifications throughout the duration of the Contract, or longer, if so noted: * Each policy shall be ~ssued by a company authorized to do business ~n the State of Texas w~th an A.M. Best Company rating of at least A Any deductibles or self-insured retentions shall be declared ~n the bid proposal. If requested by the City, the maurer shall reduce or al,miners such deductibles or self-insured retentions with respect to the C~ty, its officials, agents, employees and volunteers; or, the contractor shall procure s bond guaranteeing payment of losses and related ~nvesflgaticns, claim administration end defense expenses. C]- 1 Insurance Requiramen~ Page 2 officials, agents, employees and volunteers; or, the contractor shall proc'-.-e a bond guarenteelng payment of losses and related investigations, c~e, ,m admmlstretfon and defense expenses. · Liability policies shall be endorsed to provide the following: ee Name as additional insured the City of Denton, its Offtclals, AgenTs, Employees and volunteers. ee That such insurance is primary to any other insurance sveiisble to ~e additions! Insured with respect to claims covered under the policy and that this insurance applies separately to each Insured against whom claim la made or suit is brought. The Inclusion of more than one Insured shall not operate to increase the Insurer's Ilmlt of liability. · All pol|cJes shall be endorsed to provide thirty{30} days prior written not,ca 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 shell be covered. · Should any of the raqutrad Insurance be provided under a fo,m cf 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, a~ its sole option, terminate this agreement effective on the daze of the lapse. ~v~sm ~,~ C! - 2 Insurance Requirements Page 3 SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: All insurance policies proposed or obtained in satisfaction of this Contract shad additionally comply with the following marked specifications, and shall be mamtamec In compliance with these additional specifications throughout the duration of the Contract, or longer, if so noted: IX1 A. General Uability Inaurance: General Uabllit7 insurance w~th combined single limits of not lass than 1.000.000 shall be provided and mmntamed by the contractor. The pehc/ shall be written on an occurrence baals either In a single policy or ~n a combination of underlying and umbrella or excess policms. If the Commercial General Idablhty form (ISO Form CG 0001 current edmon) Is used: · Coverage A shall include premises, operations, products, anc completed operations, ~ndependent contractors, contractual hablht¥ covering this contract and broad form proper~7 damage coverage · Coverage B shall include personal injury · Coverage C, medical payments, is not required. If the Comprehensive General Uablhty form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) is used, It shall include at least. · Bodily injury and Property Damage ~arJIhty 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 Iiablhty. [X] Automobile Uabiiity Insurance: Contractor shall provide Commemlal Automobile I~ablhW insurance with Combined Single Umlta (CSL) of not leas than 1,000.000 either in a single policy or in a combination of basic and umbrella or excess pollmaa. The policy will ~nclude bodily Injury and property damage liablhty arising out of the AAAO03S0 Insurance Flequ~rements Page 4 operation, mmntenance and use of all automobiles and mobde equ,pmanT used In conjunction w~th this contract. Satisfaction of the above requirement shall be in the form of a pcl~c,/ endorsement for: · any auto, or · ail owned, hired and non-owned autos. IX] Workers Compensation Insurance Contractor shall purchase and mamTmn Worker's Compensation insurance which, In ~ddition To meeting The m;mmum statutory requirements for ;ssuance of such Insurance, has Employer's I~abd;ty limits of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 policy lim,t for occupational dmease. The City need not be named as an "Addmonal Insurec~" but the ~nsurer shall agree to wmve all rights of subrogatmn against the City, ~ts off~cmls, agents, employees and volunteers for any work performed for the C~ty by the Named Insured. For bu,ldlng or constructmn projects, the Contractor shall comply w~th the provmmns of Attachmant 1 ,n accordance w,th §408.096 of the Texas Labor Coda and rule 28TAC 110.110 of the Texas Worker's Compensation Commission (TWCC} Owner's and Contractor's Protective Liability Insurance The Contractor shall obtmn, pay for and mmnTmn at all times dunng the prosecution af the work under this contract, an Owner's and Contractor's Protect;va Idabdlty ~nsurance policy naming the City as ~nsured for properW damage and bodily mjun/which may arise ~n the prosecutmn of the work or contractor's operations under th~s contract. Coverage shall be on an "occurrence' barns, and the pohcy shall be issued by the same ~nsurance company that carries the contractor's habd~ty insurance. Pol,cy hm~ts wdl be at least combined bodily ~njury and property damage per occurrence w~th a aggregate. Fire Damage Legal Uabillty Insurance Coverage m required ~f Broad form General IJabdlty ~s not provided or ,a unavmlable to the contractor or ,f a contractor leases or rents a portmn of a City budding. Umlts of not less than each occurrence are required. Insurance Requirements Page 5 [ ] Professional UabJlity Insurance Professional liabdlty insurance with limits not less than per cJa~rn with respect to negligent acts, errors or omissions in connection w~th professional services is required under this Agreement. Builders' Risk Insurance Bulldere' R~sk Insurance, on an Ali-Rink form for 100% of the completed value shall be provided. Such policy shall ~nclude as "Named Insured" the City of Denton and all subcontractors as their ~nterests may appear Additiondl Insurance Other msurence may be required on an individual basis for extra hazardous contracts and specific service agreements. If such additional ~nsurence ~s required for a specific contract, that requirement w~ll be described ~n the "Specific Conditions" of the contract specifications Insurance Requirements Page g ATTACHMENT 1 IX] Worker's Compensation Coverage for Building or Conssmction ProJects for Governmental Entities A. Defimtlona: Certificate of coverage ("ceraflcsse")-A copy of a certificate of insurance, s cert~flcsse of authority to self-insure issued by the comm;smon, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entlty'a employees providing services on a project, for the duration of the project. Duration of the project - Includes the time from the beg;nmng of the wed< on the project uctJl the contractor's/person'swork on the project has been complsssd and accepted by the governmental entJty Persons prowding services on the project ("subcontractor" ~n §408 096) - ~ncJudes 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 dlrsctiy with the contractor and regardless of whether that person has employees. Th~s ~nciudes, without limitation, independent contractors, subcontractors, leamng compames, motor corners, owner-operstors, employees of any such enaty, or employees of any entity which furnishes persons to provide services on the project. "Services" Include, without IJm;tssion, providing, hauhng, or delivenng squ;pmect or materials, or prowdJng labor, transportation, or other service relssed to a project. "Services" does not include activities unrelssed to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable to;Isss. El. The contractor shall provide coverage, based on proper reporting of clasmficssion 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 employeee of the contractor prowdmg services on the project, for the duration of the project. C. The Contractor must prowde 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 dunng the duration of the project, the contractor muss, pnor to the end of the coverage period, file a new certificate of coverage w~th the governmental entity showing that coverage has been extended. Insurance Requirements Page 7 E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity 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 no later than seven days after receipt by the contractor, a new certificate cf 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 ~n writing by certlfleo mall or personal delivery, within 10 d~ys 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, ~n 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. I. The contractor shall contractually require each person w;th whom ~t contracts to provide services on a project, to (1) provide coverage, based on proper reporting of class~flcatmn codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees prov,dlng 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 ~s 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 per~od, a new AAAO03S0 Insurance Requsrements Page $ certificate of coverage showing ex~ensmn of coverage, sf Re coverage period shown on the current cemficate of coverage ends dunng the dura=on of the project; (4) obtmn from each other person wsth whom st contracts, and provsde ~c the contractor: (a) a certificate of coverage, prior to the other person beginning work on the project; and (b) s new certificate of coverage showing extension of coverage, pnor to the end of the coverage parred, sf the coverage period shown on the currant certificate of coverage ends dunng the duration of the project; (5} rattan all rsqu~rad certificates of coverage on file for the duratson of the project and for one year thereafter; {6) not~fy the governmental entity ~n wntlng by certIfied mini or personal delsvery, w~thln 10 days after the person knew or should have known, cf any change that ms~ermlly affects the provss~on of coverage of any person providing si~rv~ces on the project; and (7) contractually require each person w~th whom st contracts, to perform aa rsqu~rsd by paragraphs (1) - (7), w~th the csmficates of coverage to be prowded to the person for whom they are prowdmg servsces J. By slgmng th~s contract or prowd~ng or causing to be prowded a certificate of coverage, the contractor ta representing to the governmental entity th.~t all employees of the contractor who will prowda eervscas on the project w~ll be covered by workers' compensatmn coverage for the duration of the project, that the coverage wdl be based on proper rsportmg of clasmflcatmn codes and payroll amounts, and that all coverage agreements w~ll be filed w~th the appropriate insurance carner or, In the case of a self- ~nsurad, wsth the commmmon's Division of Self-Insurance Regulation Prowding false or misleading information may subject the contractor to admmmtrst~ve penalties, criminal penalties, cwd penalties, or other Clvsl actions. K. The contractor's fmlurs to comply w~th any of these provfsmns ss a breach of cons'act by the contractor which entitles the governmental entity to declare the contract void sf the contractor does not remedy the breach wIthin ten days after racmpt of notice of breach from the governmental entity. Mockingbird Drainage BID TABULATION SHEET Work Days Improvements Bid No 2223 PO No Item I Descr,p.on t Quantity I Umt! Unit Price ! Total 1 21 IContractors Warranties and Understandings[ ' '[ LS [ $ ~yy~:~ ~/LS [ $ 123 8' X $' Concrete Box Culvert I 228 LF $ 24-B [Gabion B~k¢t J 7 [ CY ]$ UmtPnce~Wo~s ~o ~J ~l~ ~[~ 33 [Uncl~sffiedExcavat,on [ 1312 ICY 15 ¢ ~CYI$/~ UmtPnceaWo~ ~/~e~ Dol/~r¢t ~ ~ / P3 Mockingbird Drainage BID TA8ULATION SHEET Work Days~ Improvements Bid No 2223 PO No Item Description Unit Price Total SP-10 Rock Excavation 50 Umt Pnce In Words SP-31 Steel 2403 ~,o, t. wo~ SP-37 Excavation ProtecO. on 57 $ ~F Umt Pnce ~ Wo~ 5P-39 2 TOTAL P4 BID SUMMARY In the event of the award of a contract to the undersigned, the undersigned will furnish a performance bond and a payment bond for the full amount of the oontrect, to secure proper oompliance with the terms and provisions of the contract, to ~nsure and guarantee the work until final completion and acceptance, and to guarantee payment for all lawful cla/ms for labor performed and furnished in the fulfillment of the contract. It is understood that the work proposed to be done shall be accepted, when fully completed and finished in accordance with ~he plans and specifications, to the satisfaction of the Engineer. The undersigned certifies that the bid prices contained in this proposal have been carefully checked and are submitted as correct and final. Unit and lump-sum prices as shown for each item listed in proposal, shall control over ex~ensions. CONTRACTOR City and State Seal & Authorization (If & Corporation) Telephone B - i PERFORMANCE BOND Bond No 31-80771 STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS That EARTH BUILDERS, INC., whose address is 134 FM 2264, DECATUR, TX 76234, hereinafter called Principal, and FIRST ~OMMUNITY INSURANCE COMPANY , a corporation orgamzed and existing under the laws of the State of NEW YORK , and fully authorized to transact business m the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a mummpal corporaUon organized and ex~st~ng under the laws of the State of Texas, hereinafter called Owner, m the penal sum of ONE HLq~RED SIXTY FOUR THOUSAND FOUR HUNDRED THIRTY SEVEN and 90/100 DOLLARS ($164,437.90) plus ten percent of the stated penal sum as an addmonal sum of money representing addmonal court expenses, attorneys' fees, and hquidated damages armmg out of or connected w~th the below identified Contract, m lawful money of the Umted States, to be prod m Denton County, Texas, for the payment of wfuch sum well and truly to be made, we hereby b~nd ourselves, our he,rs, executors, administrators, successors, and asmgns, jointly and severally, firmly by these presents This Bond shall automatically be ~ncreased by the amount of any Change Order or Supplemental Agreement which increases the Contract pmce, but m no event shall a Change Order or Supplemental Agreement which reduces the Contract pmce decrease the penal sum of tMs Bond THE OBLIGATION TO PAY SAME m conditioned as follows Whereas, the Pmnmpal entered ~nto a certmn Contract, ~dent~fied by Ordmance Number 98-216, with the C~ty of Denton, the Owner, dated the 4 day of AUGUST A.D 1998, a copy of which ~s hereto attached and made a part hereof, for BID # 2223- MOCKINBIRD DRAINAGE IMPROVEMENTS. NOW, THEREFORE, ff the Prmmpal shall well, truly and fmthfully perform and fulfill all of the undertahngs, covenants, terms, condmons and agreements of said Contract m accordance wlth the Plans, Spectficat~ons and Contract Documents dumng the omgmal term thereof and any extension thereof wfuch may be granted by the Owner, with or without not~ce to the Surety, and during the hfe of any guaranty or warranty reqmred under thru Contract, and shall also well and truly perform and fulfill all the undertaktngs, covenants, terms, conditions and agreements of any and all duly authomzed modifications of smd Contract that may hereafter be made, not~ce of wMch modifications to the Surety being hereby wmved, and, ~f the Pmncipal shall repmr and/or replace all defects due to faulty matermls and workmanship that appear wtthm a period of one (1) year from the date of final compleUon and final acceptance of the Work by the Owner, and, ff the Prmmpal shall fully ~ndemmfy and save harmless the Owner from all costs and damages wfuch Owner may suffer by reason of fmlure to so perform herein and shall fully reunburse and repay Owner all outlay and expense which the Owner may ~ncur ~n malang good any default or defimency, then thru obhgat~on shall be void, otherwise, it shall remam in full force and effect PB - 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 tune, alterat, on or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specfficat,ons, Drawings, etc, accompanying the same, shall in anywise affect ,ts obhgat,on on this Bond, and a does hereby waive notice of any such change, extension of tune, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, eta 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 omgmal, this the 4 day of AUGUST 1998. ATTEST PRINCIPAL EARTH tBUILDERS, INC SECRETARY f BY Vice PI{~SIDEIqT fi, yin l~erg~tro~ ATTEST SURETY ///ATTORNEY-IN-FACT Jack Cedarleaf II The Remdent Agent of the Surety in Denton County, Texas for delivery of notice and sermce of the process is STREET ADDRESS 820 $o., 1121 East Loop, Ft Worth, TX 76112 (NOTE Date of Performance Bond must be date of Contract If Resident Agent ts not a corporation, gtve a person's name ) PB - 2 PAYMENT BOND Bond No 31-80771 STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS That EARTH BUILDERS, INC, whose address is 134 FM 2264, DECATUR, TX 76234, hereinafter called Principal, and FIRST COMMUNITY INSURANCE COMPANY , a corporation organized and existing under the laws of the State of NEW YORK , and fully authorized to transact business m the State of Texas, as Surety, are held and fu'mly bound unto the C:ty of Denton, a mumclpal corporation organtzed 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 bmldmg or unprovements hereinafter referred to, m the penal sum of ONE HUNDRED SIXTY FOUR THOUSAND AND FOUR HUNDRED THIRTY SEVEN and 90/100 DOLLARS ($164,437.90) m lawful money of the Umted States, to be paid m Denton, County, Texas, for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement which reduces the Contract price decrease the penal sum of this Bond THE OBLIGATION TO PAY SAME is conditioned as follows Whereas, the Principal entered into a certain Contract, identified by Ordinance Number 98-216, with the City of Denton, the Owner, dated the 4 day of AUGUST A.D. 1998, a copy of which is hereto attached and made a part hereof, for BID # 2223 - MOCKINGBIRD DRAINAGE IMPROVEMENTS. NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties and make prompt payment to all persons, f'mm, 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 he in Denton County, Texas AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of tune, 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 tune, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc PB - 3 Thru Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, as amended, and any other apphcable statutes of the State of Texas The undermgned and demgnated agent ~s hereby designated by the Surety herein as the Remdent Agent in Denton County to whom any reqmslte notices may be delivered and on whom serwce of process may be had m matters anmng out of such suretyship, as provided by ArUcle 7 19-1 of the Insurance Code, Vemon's Annotated C:wl Statutes of the State of Texas IN WITNESS WHEREOF, th~s instrument m executed m 4 copies, each one of wMch shall be deemed an original, thru the 4 day of AUGUST, 1998 ATTEST PRINCIPAL BY ~0Ad~ ~)- ~ EARTH BUILDERS, INC SECRETARY u BY ~Z~ ~~ VICE PRF~IDENT K~'~ Bergstrom ATTEST SURETY FIRS CO ITY I SU ANCE COMPA ___ BY . ATTORNEY-IN-FACT - ~/3ack Cedarleaf II The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process m NAME Charles S weeney _ ~'~~~ / STREET ADDRESS 820 South, 1121 East Loop, Ft Worth, TX/76112 (NOTE Date of Payment Bond must be date of Contract If Restdent Agent ts not a corporatton, give a person's name ) 2223 BONDS &CONTRACTS PB - 4 ACKNOWLEDGMENT OF PRINCIPAL (Corporat,on) STATE OF Texas COUNTY OF On this day, August 4, 1998, before me personally come(s) Kvm Ber~strom to me known, who, being by me duly sworn, deposes and says that he/she resides in the City of Fort Worth, TX that he is the Vice Presld~ of the Earth Builders, Inc. the corporation described ~n and which executed the foregoing instrument; that he knows the seal of the said corporation, that the seal affixed to the sald instrument is such corporate seal, that bt was so affixed by the order of the Board of Directors of said corporation, and that he s~gned h~s name thereto by like order Notary Public 0 ACKNOWLEDGMENT OF SURETY STATE OF Minnesota COUNTY OF Ramsey on th~s day, August 4, 1998, before me personally come(s) Jack Cedarleaf II, to me personally known, who being by me duly sworn, did say that he is the aforesaid officer or attorney-~n-fact of the F~rst Community Insurance Company a corporation; that the seal affixed to the foregoing ~nstrument is the corporate seal of said corporation, and that sa~d instrument was signed and sealed ~n behalf of said corporation by the aforesaid officer, by authority of its board of directors, and the aforesaid officer acknowledged said instrument to be the free act and deed of said corporat ion : ~ ....~ NOTARY PUI~LIC MIN ~L&OtA ~ Notary Public ~ ,{ ~ R;tI4S[~Y fOUNIY CH/ 57623 Power of Attorney 31 -, 80771 KNOW ALL ~ BY THESE PRESENTS That First Community Insurance Company, a corporation created by and exzattng under the laws of the State of New York having its pnnctpal office in the City of Bedford, New York, does [xereby nortunate, constitute aad appC~rlstine M Hansen, G A Housh, Richard J 'Larsen, E Lange, D R, Doughetty, Jack Cedadeaf II and/or Kurt C Lundblad* of the City of St Paul , I Ramaey County, State ot Minnesota , eact't ~ts true and lawful, Attorney-m-Fact, with fullpower and anthonty conferred upon lure to sign, execute, acknowled** ** ge and dehver, for and on its behalf as Surety as its act and deed, any bond, und?rtakthg, consent or agreement, not exceeding * ** ,.*****s,** $2.000,000 O0 which this Company may be authorized to write ! The First Commuvaty Insurance Company further terries that the following is a true and correct copy of Article VI, Section 4 ot the By-Laws duly adopted and now in force, to wit SECTION 4, AUTHORIZED SIGNATURF. S All deeds, bonds, mortgages, contracts, and other instruments requmng a seal, and all endorsements, assignments, transfers stock powers bond powers or other instruments of ' ransfer of securities standing in the name of the Corporation, and all proxies to vote upon or consents with respect to shares of stock of other companies standing in the name of the Corporetlon may be signed or executed by the Chmrrttan of the Board or by the President or by any other officer authorized to sign such instrument by the Chmrman of the Board or by the Presidan~ or by the Board of Directors IN WITNESS WH]EI~.EOF, the First Commuruty Insurance Company has caused these presents t be signed by, lts,I~sident.and its Corporate affixed by its Secretary flus ' '~st day ot Tuly , 19 97 / G I~stm Delano, Secretary David K M'~eb~an ~es[dent This Power of Attorney is signed and sealed by facsLrtUle under and by the authority of the following Resolution adopted by the Board of Directors of the First Community Insurance Company at its monthly meeting held in August 3.994 RESOLVED~ that the signatures of the Pra~ldant and the Secretary and the Seal of the Corporet. ton may be affixed to any Power of Attorney or any certified copy thereo/ or any cartiflcat~on relating thereto, by tacsirmle m',d any Power of Attorney or any cart~fied copy ther~of~ or any certification relating thereto beanng such facsirrule szgnatures or la,in'ale seal shall be valid and binding upon the Corporation m the future with respect to any bonds, undertakings, recogruzance or contracts of indemnity to which it is attached STATE OF FLORIDA ) COUNTY OF PINELLA$, ) BEFORE ME, the undersigned authority, personally appeared DAVID K ~-.~AN and G KRISTIN DELANO who acknowledged themselves to be the President and Secretary of P~:st Commumty Insurance Company, a New York corporataon, and they as ~uch President and Secretm', y being authorized to do so,l executed the toregomg instrument Inr the purposes therein contamed by slgrung the ns.me of the corporation by themselves as President and Secretary, and that smd secretary affmed thereto the seal ot the corporataon and attested to the execution of the foregoing instrument IN WITNESS WHEREOF, I hereunto set my hand and ~eal this 3, st day of ~ul? ,19. 97 I KAREN M PINSON ~ '-*, .. My Conumsslon E~pt No CC.~00Sl0 ' ( I ~ Notary P u"~'b~ c I, the undersigned, Secretary of First Community Insurance Company do hereby certify that the original Power ot Attorney, ot w~uch the toregoing is e full, true and correct copy, is in full force and effect IN WITNESS WHEREOF, I have hereunto subscribed mX name as Se x the~,c~rporate seal of the Corporation this (SEAL) tm Dalano, Sscretary AelH I CERTIFICATE OF INSURANCE CATE,MM,DOM 08/14/98 PROeUCa~ "'THIs CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Cedarleaf, Cedarleaf & Cedarleaf ONLY AND CONFERS NO RIGHT8 UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 360 W Larpenteur Ave ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW P O Box 64717 COMPANIESAFFORDINOCOVERAOE Saint Paul, MN 55164 COMPANY ACNA Insurance Companies COMPANY Earth Builders, Inc B 134 FM 2264 COMPANY Decatur , TX 76234 c COMPANY I D COVERAGES THIS lB TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NO1WITHBTANDINQ ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE II,SUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS __ EXCLUSIONS AND CONDIlrlONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE SEEN REDUCED BY PAID CLAIMS ~OLIDY EFFECTIVE 'OLIDY EXPIRATION ¢0 TYPE OF INSURANCE POLICY NUM SER LIMITS LTR DATE (M M/D E/YY)DATE(MM/CD/fY) A GENERALUAmUW 1021873179 10/01/97 10/01/98 GENERALAGGREGATE '2,000,000 X ~OMMERCIALGENERAL LIABILI~ PRODUCTS COMP/OPAGE $2 , 000 , 000 ICLA,MS MADE'] OCCUr PE__"SO.^L ~ADV,.JURY '1, 000L000 __ =WNER S & CONTRACTOR S PRO' EACH OCCURRENCE $1 0L~00 I 000 ~X PD Ded $500 FREDAMAGE(A.yo,.f,r.:$ 100~000 MED EXP{Any o~le permon) $ 5 I 0 0 0 A AUTOMOmLEUAE.L.W 1021869066 10/01/97 10/01/98 COMEINEDEINGLELIMIT $ 750,000 X ANYAUTO ALL OWNED AUTOS BODILY INJURY :$ SCHEDULED AUTO8 Per per,on) HIRED AUTOS SODILY INJURY NON OWN ED AUTOS (Per accident) -- PROPERTY DAMAGE GARAGE LIABILITY AUTO ONLY EA ACCI__DENT ANYAUTO OTHER THAN AUTO ONLY EACH ACCIDENT A EXCEEEU^mUT* 1021869097 10/01/97 10/01/98 EACH OCCURRENCE ~5, 000, 000 iX~ UMBRELLA FORM AGGREGATE ~5 , 000 1000 OTHER THAN UMBRI~LLA FORM A , WORKERECOMPENEATIONAND WC1021869083 10/01/97 10/01/98 X IETATUTORYLIMITS EMPLOYERS LIAEILITV EACH ACCIDENT 100~ 000 THEPROPRIETOR/ ~ INDL DISEASE POL~CYLIMIT 500 L000 PARTNERS/EXECUTIVE~ -- OFFICERS ARE EXCL DISEASE EACH EMPLOYEE 100 ! 000 OTHER Pro]sc, B~d ,~2223 - Mockingbird Drainage Improvements The C~ty of Denton, ~ts Officials, Agents, Employees and volunteers are addlt~onal (See Attached Schedule ) CERTIFICATE HOLDER CANCELLATION C~ty of Denton EXPIRATION CATETHEREOF THEIESUINGCOMPANYWILLENDEAVORTOMAIL Attn Ted Benav~des ~0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO TH E [.EFT Denton, TX 76201 BUTFAILURETOMAILSUCHNOTICEENALLIMPOSENOOELIGATIONORLIABILITY ACORD aS.~ (3/93)1 ~.~88 SI...[ e ADORE CORPORATION t99~1 DESCRIPTIONS (Continued from page 1.) ~sure'don a 'primary basis, w~thin'r'" the scope of the ~nsured's opearat~ons on General L~&bil~ty & Umbrella policies only