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