1998-275 ORDINANCE NO ?f'd?6---
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD
OF A PUBLIC WORKS CONTRACT FOR LAKEY AND BRAI)SHAW CULVERT
IMPROVEMENTS, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR, AND
PROVIDING AN EFFECTIVE DATE (BID # 2249 LAKEY AND BRADSHAW STREETS
CULVERT IMPROVEMENTS AWARDED TO MIKE ALBERT, INC IN THE AMOUNT OF
$543,602 00)
WHEREAS, file City has solicited, received and tabulated competitive bids for the
construction ofpubhc wo~8 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 mmtat~on, bid proposals and plans and spemficatlons therein,
NOW, THEREFORE,
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 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
2249 MIKE ALBERT, INC $543,602.00
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 m the Notice to Bidders lncludang 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, prowded that such contracts are made in accordance
with the Notice to Bidders and Bad Proposals, and documents relating thereto specifying the terms,
conditions, plans and specifications, standards, quantities and specified sums eontmned therein
SItCTION IV That upon acceptance and approval of the above competitive b~ds and the
execution of contracts for the pubhc works and ~mprovements as authorized hereto, the C~ty Council
hereby anthonzes the expendxture of funds m the manner and m the amount as spemfied xn such
approved bids and authorized contracts executed pursuant thereto
SECTION V That tlus ordinance shall become effective xmmedmtely upon xts passage and
approval
PASSED AND APPROVED th~s the /,~'-~day of. ~, ~~998
JAC~t'LLER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
2249 LAKEY & BRADSHAW CULVERT IMPR CONTRACT ORDINANCE
CONTRACT AGREEMENT
STATE OF TEXAS §
COUNTY OF DENTON §
THIS AGREEMENT, made and entered ~nto thls 15 day of SEPTEMBER A D.,1998,
by and between CITY OF DENTON of the County of DENTON and State of Texas, acting
through MICHAEL W. JEZ, City Manager, thereunto duly authorized so to do, hereinafter
termed "OWNER," and
MIKE ALBERT, INC.
P.O. BOX 211044
BEDFORD, TX 76095
of the City of BEDFORD County of TARRANT and State of TEXAS, hereinafter termed
"CONTRACTOR"
WITNESSETH That for and m conmderat~on of the payments and agreements
hereinafter mentioned, to be made and performed by OWNER, and under the conditions
expressed nt the bonds attached hereto, CONTRACTOR hereby agrees with OWNER to
commence and complete performance of the work specified below
BID # 2249 - LAKEY AND BRADSHAW STREETS CULVERTS IMPROVEMENTS
~n the mount of $543,602.00 and all extra work in connection therewith, under the terms
as stated m the General Condmons of the agreement, and at h~s (or their) own proper cost and
expense to furmsh all matermls, supphes, machmery, eqmpment, tools, superintendence,
labor, ~nsurance, and other accessories and serwces necessary to complete the work specified
above, in accordance w~th the condmons and prices stated m the Proposal attached hereto, and
in accordance w~th all the General Concht~ons of the Agreement, the Specml Conditions, the
Notme to B~dders (Advertisement for B~ds), Instructions to B~dders, and the Performance and
Payment Bonds, all attached hereto, and m
CA - 1
accordance with the plans, which includes all maps, plats, blueprints, and other drawings and
prmted or written explanatory matter thereof, and the Speclfieanons therefore, as prepared by
TEAGUE NAIL AND PERKINS, INC.
all of which are made a part hereof and collectively ewdence and constitute the entire 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, w~thholdmg, social
security taxes, vacation or s~ek leave benefits, worker's compensation, or any other C~ty
employee benefit City shall not have supervlswn and control of Contractor or any employee
of Contractor, and ~t is expressly understood that Contractor shall perform the serwces
hereunder aceordmg to the attached specifications at the general d~rectlon of the C~ty Manager
of the City of Denton, Texas, or his designee under this agreemem
Indemnificatmn
Contractor shall and does hereby agree to ~ndemnlfy and hold harmless the City of
Denton from any and all damages, loss, or llabfllty of any kmd whatsoever, by reason of injury
to property or third persons occasioned by any error, omission or neghgent act of Contractor,
~ts officers, agents, employees, mvltees, and other persons for whom it is legally hable, with
regard to the performance of this Agreement, and Contractor will, at ~ts cost and expense,
defend and protect the City of Denton agamst any and all such clmms and demands
Chmce of Law and Venue
Thls agreement shall be governed by the law of the State of Texas and venue for ~ts
construetmn and enforcement shall he m the courts of Denton County, Texas
The CONTRACTOR hereby agrees to commence work on or after the date estabhshed
for the start of work as set forth m written notice to commence work and complete all work
w~thm the tune stated in the Proposal, subject to such extensions of t~me as are provided by the
General and Special Conditions
The OWNER agrees to pay the CONTRACTOR m current funds the price or prices
shown la 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 pames of these presents have executed th~reement
m the year and day first above written
~ ~-~ ~.~ ~, CITY OF DgNITF}N /
NERe
ATTEST
PHONE NUMBER
FAX NUMBER
TITLE
CITY &TTO~Y
CA - 3
CITY OF DENTON
INSURANCE REQUIREMENTS FOR CONTRACTORS
B:dder'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 mmntam until the contracted work has been completed and accepted by the City of
Denton, Owner, the mlmmum insurance coverage as indicated hereinafter
As soon as practicable after notification of bid award, Contractor shall file with the Purchasing
Department satisfactory certificates ofinsurance, contalmng 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 opemng, since the insurance requirements may not be modified or waived after bid
opening unless a wntten 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 m satisfaction of these requirements shall comply with
the following general speeifieatmns, and shall be malmalned in compliance with these general
specifications throughout the durataon of the Contract, or longer, if so noted
· Each pohey 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-msia'ed retentions shall be declared in the bid proposal If
requested by the City, the msurer shall reduce or eltmlnate such deductibles or
self-insured retentions v~th respect to the City, its officials, agents, employees and
volunteers, or, the contractor shall procure a bond guaranteeing payment of losses and
related mvcstlgatlons, clann admlmstrataon and defense expenses
· Liability policies shall be endorsed to provide the following
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.~s~o ~o/~2/~ CI - 1
Insurance Requ~raments
Page 2
· · Name as additional msured the City of Denton, its Officials, Agents, Employees
and volunteers
· · That such insurance is primary to any other msurance available to the additional
Insured with respect to claims covered under the policy and that ttus insurance
applies separately to each msured against whom elann is made or sat is brought
The mcluslun ofmure than one msured shall not operate to increase the insurer's
limit of habflaty
· All policies shall be endorsed to provide thirty(30) days prior written notice of
cancellation, non-renewal or reduction m coverage
· Should any of the required msurance be prowded under a claims-made form, Contractor
shall maintmn 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 dunng the contract term wbach give nsc to claims made after
expiration of the contract shall be covered
· Should any of the required msurance be provided under a form of coverage that includes
a general annual aggregate hrmt 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 dunng the contract term, requests for payments
onglnatmg 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 Ifmsurance is not remstated, City may, at its sole option, terminate this agreement
effective on the date of the lapse
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS:
All insurance policies proposed or obtamed m satisfaction of this Contract shall additionally comply
with the following marked specifications, and shall be maintained in compliance with these
additional spemfieatlons throughout the duration of the Contract, or longer, if so noted
[X] A General Liability Insurance:
General Liability insurance with combmed single limits of not less than $1,000,000
AAA00350
Cl - 2
REVISED 10/12/94
Insurance Requirements
Page 3
shall be provided and mmntamed by the contractor The policy shall be written on an
occurrence basis either m a single policy or m a combination of underlying and umbrella
or excess pohems
If the Commercial General Liability form (ISO Form CG 0001 current edition) is used
· Coverage A shall include prermses, operations, products, and completed
operations, independent contractors, contractual liability covering tlus contract
and broad form property damage coverage
· Coverage B shall include personal inJury
· Coverage C, medical payments, is not reqmred
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 explosmn, collapse or underground (XCU) exposures
· Broad form contractual liability (preferably by endorsement) covering tlus
contract, personal injury liability and broad form property damage liability
[X] Automobile Liability Insurance:
Contractor shall provide Comanerclal Automobile Liability insurance with Combined Single
Limits (CSL) of not less than~ either m a single policy or m a combination of
basic and umbrella or excess policies The pohey will include bodily injury and property
damage liability arising out of the operation, maintenance and use of all automolules and
mobile equipment used m conjunction with tins contract
Satisfaction of the above reqmrement shall be m the form of a policy endorsement for
· any auto, or
· all owned, lured and non-owned autos
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aEWS~D ~o/~/.4 CI - 3
Insurance Requirements
Page 4
IX] Workers Compensation Insurance
Contractor shall purchase and maintain Worker's Compensation insurance which, in adchtlon
to meeting the mlmmum 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 pohcy lumt for occupational chsease The City need not be named
as an 'Adchtlonal Insured" but the insurer shall agree to waive all nghts of subrogation
against the City, zts 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 I m accordance with §406 096 of the Texas Labor
Code and role 28TAC 110 110 of the Texas Worker's Compensation ComrmSSlOn (TWCC)
[ ] Owner's and Contractor's Protective Liability Insurance
The Contractor shall obtain, pay for and maintain at all times dunng the prosecution of the
work under tins contract, an Owner's and Conlractor's Protective Liability insurance policy
naming the City as Insured for property damage and bochly Injury which may arise in the
prosecution of the work er contractor's operations under this contract Coverage shall be on
an "occurrence" basis, and the policy shall be issued by the same insurance company that
carries the contractor's habxhty insurance Policy limits will be at least combined
bodily injury and property damage per occurrence with a aggregate
[ ] Fire Damage Legal Liability Insurance
Coverage IS reqmred 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 habfllty insurance with lirmts not less than per claim with respect
to neghgent acts, errors or omassmns In connection w~th professional services is required
under tins Agreement
[ ] Builders' Risk Insurance
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REVISED 10/12/94 CI - 4
Insurance Requirements
Page 5
Bmlders' Rtak Insurance, on an All-Risk form for 100% of the completed value shall be
provided Such pohcy shall include as "Named Insured" the City of Denton and all
subcontractors as their interests may appear
[ ] Additional Insurance
Other insurance may be reqmred on an individual bas~s for extra hazardous contracts and
specific service agreements If such adchtional insurance as required for a specific contract,
that reqmrement wall be described m the "Specific Conditions" of the contract specifications
ATTACHMENT 1
IX] Worker's Compensation Coverage for Building or Construction Projects for
Governmental Entit~es
A Defimtlons
Certificate of coverage ("certlfieate")-A copy of a certificate of insurance, a certificate
of authority to self-insure issued by the commlsmon, or a coverage agreement (TWCC-
81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensatmn
insurance coverage for the person's or entaty's employees prowd~ng services on a project,
for the duration of the pro.leer
Duration of the project- includes the t~me from the begmmng of the work on the project
until the contractor's/person's work on the project has been completed and accepted by
the governmental entaty
Persons prowdmg services on the project ("subcontractor" m §406 096) - includes all
persons or entrees performing all or part of the services the contractor has undertaken
to perform on the project, regardless of whether that person contracted directly w~th the
contractor and regardless ofwhether that person has employees This includes, w~thout
limitation, independent contractors, subcontractors, leasing companies, motor carriers,
owner-operators, employees of any such entity, or employees of any entity which
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5
REVISED 10/1 ?J94 [.~l
Insurance Requirements
Page 6
furmshes persons to provide services on the project "Services" include, without
hmltatlon, provichng, hauhng, or dehvermg eqmpment or materials, or providing labor,
transportation, or other servme related to a project "Services" does not include
actlvmas unrelated to the project, such as food/beverage vendors, office supply
dehvenes, and delivery of portable toilets
B The contractor shall provide coverage, based on proper reporting ofclasmfication codes
and payroll amounts and filing of any overage agreements, wbnch 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
C The Contractor must prowde a cemficate of coverage to the govemmental entity prior
to being awarded the contract
D If the coverage penod shown on the contractor's current certificate of coverage ends
dunng the duration of the proJect, the contractor must, prior to the end of the coverage
period, file a new certificate of coverage wuth the governmental entity showing that
coverage has been extended
E The contractor shall obtam from each person providing services on a project, and
provide to the governmental entity
(I) a certificate of coverage, prior to that person beginmng work on the project, so the
governmental entity will have on file eemficates of coverage showing coverage
for all persons providing services on the project, and
(2) no later than seven days after reeelpt by the contractor, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the
current cemficate of coverage ends dunng the duration of the project
F The contractor shall retmn all reqmred certificates of coverage for the duration of the
project and for one year thereafter
G The contractor shall notify the governmental entity in wnung by certified marl or
personal delivery, wltlun 10 days after the contractor knew or should have known, of
AAA00350
REVISED 10/12/g4 Cl ' 6
Insurance Requirements
Page 7
any change that materially affects the provlslon 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
prescnbed by the Texas Workers' Compensation Commlsszon, reforming 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 reqmre each person with whom it contracts to provide
servmes 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
reqmrements of Texas Labor Code, Section 401 011(44) for all of its employees
providing services on the project, for the duration of the project,
(2) provide to the contractor, prior to that person begmmng work on the project, a
certificate of coverage showing that coverage is being provided for all employees
of the person providing servmes on the project, for the duratmn of the project,
(3) prowde the contractor, prior to the end of the coverage period, a new certaficate
of coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends dunng the duration of the project,
(4) obtmn fi.om each other person w~th whom it contracts, and provide to the
contractor
(a) a certificate of coverage, prior to the other person beg~unlng work on the
project, and
(b) a new certificate of coverage showing extension of coverage, prior to the
end of the coverage period, ff the coverage penod shown on the current
certificate of coverage ends dunng the duration of the project,
(5) retain all required certificates of coverage on file for the duratmn of the project
and for one year thereafter,
(6) not~fy the governmental entity ~n writing by certified mall or personal delivery,
AAA00350
REVISED 10/12/84 CI - 7
Insurance Requirements
Page 8
wlthm 10 days after the person knew or should have known, of any change that
matenally affects the provision of coverage of any person providing serwees on
the project, and
(7) contractually reqmre each person w~th whom it contracts, to perform as reqmred
by paragraphs (1) - (7), v~th the cerUficates of coverage to be prowded to the
person for whom they are providing services
By slgnlllg this contract or prov~chng or causing to be pmwded a certificate of coverage,
the contractor is representing to the governmental entity that all employees of the
contractor who vall prowde serwces on the project will be covered by workers'
compensation coverage for the duration of the project, that the coverage w~ll be based
on proper reporting of classification codes and payroll amounts, and that all coverage
agreements will be filed w~th the appropnate insurance career or, in the case of a self-
insured, w~th the commission's Dlwslon of Self-Insurance Regulation Provldlng false
or m~slead~ng information may subject the contractor to admlmstratlve penalties,
criminal penalties, mwl penalties, or other mw1 actmns
K The contractor's failure to comply w~th any of these provisions ~s a breach of contract
by the contractor wluch entitles the governmental entity to declare the contract void
the contractor does not remedy the breach wltlun ten days after receipt of not, ce of'
breach from the governmental entity
AAA003$0
REVISED 10/12J94 Gl - 8
In the event of the award of a contract to the undermgned, the undermgned wdl furmsh a performance
bond and a payment bond for the full amount of the contract, to secure proper compliance w~th the
terms and prowmons of the contract, to insure and guarantee the work until final completion and
acceptance, and to guarantee payment for all lawful clmms for labor performed and materials
furmshed m the fulfillment of the contract
It ~s understood that the work proposed to be done shall be accepted, when fully completed and
fimshed m accordance w~th the plans and speaficat~ons, to the satmfact~on of the Engineer
The undermgned certifies that the bid prices contmned m tbas proposal have been carefully checked
and are submitted as correct and final
Umt and lump-sum prices as shown for each ~tem hsted m flus proposal, shall control over extensions
CONTRACT?R
Street Address
Oty and State
Seal & Authorization
(Ifa Corporat,on) ~17- 5'77- 9 1o /
Telephone
P-12
WO D^¥S
BlD NO 2.~ht~
Po NO
B~ T~ATION S~ET
Dtws~on A - B~S~W ST~ET ~ C~RT ~RO~S
~M DESC~TION QUANT~ UNIT PmCE--
A-1 IPrepa~8 ~t-of-Way 1 [LS $[~ ~ $ l~,~
A-3 Remove Dbl S'xT Box Culven ~d llEAIsw, WO,~SWOoo~
Wm~alls
Umt Price m Words
P-3
Division B - UTILITY KELOCATIONS FOR BI~.DSHAW STREET
ITEM DESCRIPTION QUANTITY UNIT UNIT TOTAL
PRICE
UmtPncelnWords "~'e~- o(m[(ar-,c
UmtPnce~nWords ~c~ ka.~t~
B-6 [ Cgt ~d PIU, 12" Saata~ Sewer 1 ]EA
B-7 Cut and Plus 6" Samtav Sewer 1 [ HA
Umt Pnce m Words S~ ~r~
B-8 Ab~don Emstmg Samta~ Sewer 1 EA $ $
B-9 Bre~ Into Emstmg S~ta~ Sewer 1 EA $ $
UmtPncemWords ~ ~6{a-x
Umt Price m Words ~ L~ge~
P-5
P-6
Division C - LAKEY STREET AND CULVERT IMPROVEMENTS
ITEM[ DESCRIPTION.1 QUANTITY UNIT [ PRIcEUNIT [TOTAL
C-1 [ Prepanng Raght-of-Way .
Umt Pnoe in Words
~nWords
C-15 [ModularSloekWm~atls 650 SF $ ~.~& [ $ I~,WC
UmtPnce,nWords ~N ~o[~ x d~ dO e~.~
C-16 ]6"Coner~t~Ch~lL,mn8 SSS I SY ]$~,~D [$ZT,¢~ff~
C-17 [C~01CombmaUonH~dml ' 177 LF $ O3,~ ] $ lgs~Zl,~
C-18 Contra~or'a W~t~es & ' 1 LS $ I $
Underst~d~n~s ~OOO.~] ~OO~
TOT~ BASE Bm I $ ~q~l ~Z. ~0
TOT~ WO~G D&YS [ ~ Days
P-$
D~ws~on D - LAKEY STREET MILL AND OVERLAY
UmtPncemWords "~'~0 ~{~b~/~ at, to( ~ic~4u
D-2 20' BuN Jolnt 72 ['LF '
D-3 2" H M ~C Overlay 604 ~ $
UmtPncemWords ~ ~{cr5 ~,a.d ~o
D-4 I A,,st Water Valves ' 7 lEA
UmtPnce~nWords ~o il~a~c~d
D-5 6" Curb ~ 24" Gutter 100 [ LF
UmtPnce~nWords ~t0~ ~ ~l~rs &~d ~o
U~derst~d~n~s
TOT~ WO~G DAYS [ ~ ~ Days
P-9
Division E - UTILITY RELOCATIONS FOR LAKEY STREET
TOTAL
Umt Pnc~ m Words
E-12 Trench Safet~ ! $/~g~,
TOT~ WO~G DAYS Days
P-lO
BID SUMMARY
Dlwsion A - BRADSHAW STREET AND CULVERT IMPROVEMENTS
TOTAL BID PRICE IN WORDS
BASE BID ~ I "/~,
D,v~mon B - UTILITY RELOCATIONS FOR BRADSHAW STREET
TOTAL BID PRICE IN WORDS
D~v~s~on C - LAKEY STREET AND CULVERT IMPROVEMENTS
TOTAL BID PRICE IN WORDS
BASE BID :~ I~! ~'~)O
D~wsion D - LAKEY STREET MII.L AND OVERLAY
TOTAL BID PRICE IN WORDS
BASE BID 4 4~[ ~5~-~' O~
D~wsmn E - UTILITY RELOCATIONS FOR LAKEY STREET
TOTAL BID PRICE IN WORDS
TOTAL (DIvisIons A, B, C, D, and
TOTAL BID PRICE IN WORDS
P-Il
Bond No. 1366674
PERFORMANCE BOND
STATE OF TEXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS That MIKE ALBERT, INC., whose
address IS P.O. BOX 211044, BEDFORD, TX 76095, hereinafter called Principal, and __
AMWEST SURETY INSURANCE COMPANY , a corporation organ:ed and
existing under the laws of the State ofl~aeasP, a, and fully authorized to transact business in the
State of Texas, as Surety, are held and firmly bound 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 FIVE HUNDRED FORTY THREE THOUSAND SIX
HUNDRED TWO and 00/100 DOLLARS ($543,602.00) plus ten percent of the stated penal
sum as an additional sum of money representing additional court expenses, attorneys' fees, and
liquidated damages arising out of or connected with the below identified Contract, in lawful
money of the United States, to be paid m Denton County, Texas, for the payment of which
sum well and truly to be made, we hereby brad ourselves, our heirs, executors, admlmstrators,
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, ldentffied by Ordinance Number 98-275, with the City of
Demon, the Owner, dated the 15 day of SEPTEMBER A.D. 1998, a copy of which is hereto
attached and made a part hereof, for BID # 2249 - LAKEY AND BRADSHAW STREETS
CULVERT IMPROVEMENTS.
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill
all of the undertalangs, covenants, terms, conditions and agreements of said Contract in
accordance with the Plans, Specifications and Comract Documems during the original term
thereof and any extension thereof which 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 Comract, and
shall also well and truly perform and fulfill all the undertakings, covenams, 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 Surety 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 mdemmfy and save harmless the
Owner from all costs and damages which Owner may suffer by reason of failure to so perform
herein and shall fully reunburse and repay Owner all outlay and expense which the Owner may
incur m malang good any default or deficiency, then this obligation shall be void, otherwise, it
shall remain in full force and effect
PB - 1
PROVIDED FURTHER, that if any legal action be filed upon tins Bond, exclusive
venue shall lie m Denton County, State of Texas
AND PROVIDED FURTHER, that the said Surety, for value recelved, 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 m 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 tile Contract, or to the Work to be performed thereunder, or to the Plans,
Specfficat~ons, 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 ~s hereby designated by the Surety harem as the
Resident Agent m Denton County to whom any requisite notices may be delivered and on
whom service of process may be had m matters arising out of such suretyship, as provided by
Artxcle 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, thru the 15 day of SEPTEMBER 1998.
ATTEST PRINCIPAL
MIKE ALBERT, INC.
SECRETARY BYC~f~ ~
PRESIDENT
ATTEST SURETY
..... BY
ATTORNEY-IN-FACT ·
Don Edwin Smith
The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service
of the process is
NAME WATSON//SMITH, INC.
STREETADDRESS 1701 N. GREENVILLE AVE , STE 811 RICHARDSON TX 7508i
(NOTE Date of Performance Bond must be date of Contract If Resident Agent ts not a
corporation, give a person's name )
PB - 2
Expiration Date. POWER NUMBER 0000861262
on the back Only unaltered ongmals of the Limited Power of Attorney ("PEA) are va (l ltllS PuA tT~y not {~ U ......... a ............ .
representations or warranties~regardlng this PeA may be made by any person ~ls PeA ~s governed by the laws of the State of Nebraska and m only vahd until the
cxplration date Amwast Surety Insurance Company (the "Company") shall not be liable on any hmitcd PeA which is fi'audulently produced, forged or othcrwse
distributed .mthout the pcrrmsmon of the Company Any party concerned about the vahthty of th~s PeA or an accompanying Company bond should call your local Amwest
branch office at t~'72) ~fl:l.6olq
KNOW ALL BY THESE pRESENT, that Amwest Surety Insurance Company, a Nebraska corporation, does hereby make constitute and appmnt
Carol Goodenough
Don Edwin Smith
Wllbcrt Raymond Watson
As Employees of WlLBERT RAYMOND WATSON AGENCY
tts hue and lawful Attomey-lnrfact, with ltrmted power and anthonty for and on hehalf of the Company as surety to execute, deliver and affix the seal of the company thereto
If a seal is reqmred on bonds, und~rakmgs, reeosmzanees, reinsurance asre~mcot for a Miller Act or other performance bond or other written obligations m the nature thereof
as follows
Bid Bonds up to $1,000,000 O0
Contract Bonds up to $S,~00~000 O0
License and Permit Bonds up to $100,000 00
Miscellaneous Bonds Up ~fo $100,000 00
Small Business Admlstratlon Bonds up to $1,2~0,000 00
and to brad thc company thereby This appointment is made under and by authority of the By Laws of the Company, which arc now m full force and effect
I, the undersigned secretary of Amwest Surety Insurance Company, a Nebraska corporation, DO HEREBY CERTIFY that thts Power of Attorney remains m full force and
effect and has not been revoked and furthermore, that the resolutions of the Board of Directors of Amwest Surety Insurance Company set forth on this Power of Attorney, and
that the relevant prowslons of the By-Laws of each company, are now m full force and effect
evldcoceit by the power of attorney issued by the Company to such person or pcrsuns
have the same force and effe0t as though manually affixed
On December 12, 1997 b~fore me, Peggy B Leiden Notary Pubhe, personally appeared Jola E Savage and Karen O Cohco, personally known to me (or proved to me
w and o e,al seal ]
"
Bond No 1366674
PAYMENT BOND
STATE OF TEXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS That MIKE ALBERT, INC., whose
address is P.O. BOX 211044 BEDFORD, TX, 76095, hereinafter called Principal, and__
AMWEST SURETY INSURANCE COMPANY , a corporation organ,zed and
existing under the laws of the State of li~raskzq, and fully authorized to transact business in the
State of Texas, as Surety, are held and firmly bound unto the City of Denton, a municipal
corporaUon organized and existing under the laws of the State of Texas, hereinafter called
Owner, and unto all persons, ~ms, and corporations who may furmsh materials for, or
perform labor upon, the bmldmg or improvements hereinafter referred to, m the penal sum of
FIVE HUNDRED FORTY THREE THOUSAND SIX HUNDRED TWO NO/100
DOLLARS ($543,602.00) 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 brad 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 ~n 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, ldenUfied by Ordinance Number 98-275, with the City of
Denton, the Owner, dated the 15 day of SEPTEMBER A D 1998, a copy of which is hereto
attached and made a part hereof, for BID # 2249 - LAKEY AND BRADSHAW STREETS
CULVERT IMPROVEMENTS.
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duues
and make prompt payment to all persons, firms, subcontractors, corporations and claimants
supplying labor and/or material m the prosecuUon of the Work prowded for in smd Contract
and any and all duly anthonzed modifications of said Contract that may hereafter be made,
notice of which modfficaUons to the Surety being hereby expressly waived, then this obhgatxon
shall be vmd, otherwise it shall remain m full force and effect
PROVIDED FURTHER, that ff any legal action be filed on th~s Bond, exclusive venue
shall lie m Denton County, Texas
AND PROVIDED FURTHER, that the said Surety, for value received, hereby
stipulates and agrees that no change, extensmn 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 m anywise affect ~ts obligation on th~s Bond,
and it does hereby waive notice of any such change, extension of time, alteration or add,non to
the terms of the Contract, or to the Work to be performed thereunder, or to the Plans,
SpecfficaUons, Drawings, etc
PB - 3
Expiration Date , POWERNUMBER 0000861262
s document ~s printed on wlnte paper containing the arnficlal watermark~.d logo ( ~' ) et Amwest Surety Insurance Company on the Iront and brown security paper
on the ba(.k Only unaltered originals of the Lira ted Power of A omey ("PEA') are vahd 'Ibis PeA may not be used in conjunction wflh any other PeA No
representaUons or warren es regard ng th~s PeA may be made by any parson Th~s PeA ~s gnvemed by the laws of the State of Nebraska and ~s only valid untd the
exp ra on date Amwest Surety Insurance Company (the 'Company ) shall not be hable on any hm~ted PeA which ~s fraudulently pr.odu.c~.d ..forgndfr ,otherwise
d~stc~buted w~thout tbe parmlsston of the Company Any party concerned about tbe vahdlty of th~s PeA or an accompanying Company bond snoum can your mcat ^mwest
branch office at (972) tif111.692_~
KNOW ALL BY THESE pRESENT, that Amwest Surety Insuranea Company, a Nebraska corporatmn, does hereby make constitute and appoint
Carol Goodenough
Don Edwin Smith
Wllbert Raymond Watson
As Employees of WlLBERT RAYMOND WATSON AGENCY
fis true and lawful Attorney In fact, w~th hrmted power and authority for and on behalf of the Company as surety to execute, dehver and affix the seal of the company thereto
ga seal ~s required on bonds, endertokmgs, reaogmzances, reinsurance agreement for a Miller Act or other performance bond or other w~tten obhgnt~ons In the nature thereof
as follows
Bid Bonds up to $1,000,000 00
Contract Bonds up to $S,000,000 00
License and Permit Bonds up to $100,000 00
Miscellaneous Bonds Up 3'o $100,000 00
Small Business Admlstr~ltlon Bonds up to $1,250,000 00
and to brad the company thereby This appointment is made under and by authority of the By Laws of the Company whmh are now tn fi~ll force and effect
[, the undersigned secretary of Amwest Surety Insurance Company, a Nebraska corporaeon DO HEREBY CERTIFY that this Power of Attorney remains in full force and
t.ffect and has not been revoked and furthermore, that the reaolutmns of the Board of D~rectors of Amwest Surety Insurance Company set forth on th~s Power of Attorney and
that the relevant prowsmns of the By-Laws of each company, are now ~n full force and effect
BondNo 1366674 S,gned&sealedthls 15't;I]'ayof Sep~:embe~ 1998~ '"'~
Karcn G Cohen, Secretary
* * * * * * * * * * * * ~' * * * * RESOLUTIONS OF THE BOARD OF DIRECTOI~ * * * * * * * * * * * * * * * * * * * * * * * * * ~' *
This PeA Is signed and sealed by facsimile under and by the authority of the follo'*qng resolutions adopted by the Board of D~rcctors of Amwcst Surety Insurance Company
at a meeting duly held on Dect~mber 15, 1975
RESOLVED that the President or any Vice President, in conjunction w~th the Secretary or any Asslstam Secretary may appoint attorneys in tact or agents w~th
authority as defined or hm~ted m the msl~ument evidencing tim appomtngm m each case, for and on behalf of the Company to execute and debver and affix the seal of the
Company to bonds, undertakings, recognizances, and suretysMp obhgnt~ons of all kinds, and smd officers may remove any such attorney-m fact or agent and revoke any PeA
prewously granted to such person
RESOLVED FURTHER, that any bond, undertaking, recogmzance, or suretyship obhgatmn shall be vahd and brad upon the Company
(0 when s~gned by the PresMent or any %ce PresMent and attested and sealed 0fa seal be reqmred) by any Secretary or Assistant Secretary, or
(u) when s~gned by the PresMent or any %ce President or Secretary or Assistant Secretary, and countersigned and sealed 0f a seal be required) by a duly
authorized attorney in fact or agent or
(m) when duly executed and sealed 0f a seal be required) by one or more attorneys m fats or agenls pursuant to and within the hm~ta of the autbonty
ewdenced by the power of attorney issued by fha Company to such person or persons
RDSOLVED FURTHER, that the s~gnatore of any authorized officer and the seal of the Company may be affixed by facs~mde to any PeA or certfficatmn thereof
authorizing Ihe execution and debvery of any bond undertaking recognizance, or other suretyship obhgat~ons of the Company, and such signature and seal when so used shall
have the same force and effect as though manually affixed
IN WITNESS WHEREOF Amwest Surety Insurance Company has caused these present to be signed by its proper officers, and its corporate seals to be hereunto affixed tb~s
~ Karen G Cohen Secretary
State of Cahfornta
County of Los Angeles
On December 12, 1997 before me, Peggy B Lo,on Notary Pubhe, personally appeared John E Savage and Karen G Cohen, parsonally known to me (or proved to me
on the hasps of saUsfactory ewdenea) to be the person(s) whose name(s) ~s/are subscribed to the v~thm mstrumant and acknowledged to me all that he/she/they executed the
same in h~rffher/thelr autbonz~d capa¢~ty0es), and that by h~s/~er/thalr slgnatore(s) on the instrument the person(s), or the entity upon behalf of whmh the parson(s) acted
executed the instrument WITNESS my ~'~d and official seal
~E -~ f~¢omm E~4J~6.1~9 f
?3{- DEC14, O/n.~
,,,O/b, ~,- k~/o;,,~
ONLY AND CONFE.8 NO RIGH~ UPON ~E CBR~FICA~
Aon Risk Services of Texas HOLDER THIS CER~FICATE DOES NOT AMEND, EX. ND OR
2711 N. Hask611 Ave.%800 LB%8 AL~R THE COVERAGE AFFORDED BY THE POUCIES BELOW
Dallas, TX 75,20~ COMPANIES AFFORDINQ COVEflAQE
(21%) 989-0000 ~x(21~)989-2580
A ~erisure Insurance Company
Mike Albert, Inc. " National Union Fire Ins Co
P. O. Box 211044 COMPLY
Bedford, Texas 76095-8044 c
INDICATED NO~I~STANDIN~ ANY REQUIREMENT ~RM OR CONDITION OF ANY CONT~T OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
~CLUSIONS AND CONDITIONS OF SUCH POUCIE8 UMI~ SHOWN MAY HAVE BEEN REDUCED BY PAID C~iMS
A a~ m.~ ~p1~2 01/22/98 01/22/99 e~.~AeeRs~m ~.~.~
X coa,~c~ e~ u~uw moou~ COMP~ Asa 1.~.~
O~S~S a C~T~ ~OT ~C. OCCU~NCS ~ 1.~.~
~ ~e~ ~E~ 01/22/98 01/22/99 ~c. OCCU..~C~ ~ ~.~.~
x I
City of Den~n, its Officials, ~ents, Employees and Volunteers are
n~ed Additi~nal Insured for coverages except Workers' Compensation
and are provided Waiver of S~rogatton for Workers' Compensation.
City of Denton ~ DAm ~F, ~E ~lN. GO~ANY WI= ~O~. ~ ~IL
215 E. McKi~ey BUT FAI~RE ~ ~IL ~CH .0 e ~A= IM~ NOn.GAiN 0e ~al~
Denton Texas 76201 AU~oR~OF A~
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 m 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, 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 orlgmal, this the 15 day of SEPTEMBER, 1998.
ATTEST PRINCIPAL
PRESIDENT
ATTEST SURETY
~~-~D~Z~ ~x~ AMWEST SURETY INSURANCE COMPANY
BY
- - / BY
ATTORNEY-IN-FACT
Don Edwln Smth
The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service
of the process is
NAME WATSON//SMITH, INC
STREET ADDRESS 1701 N. GREENVILLE AVE , STE 811 RICHARDSON TX 75081
(NOTE Date of Payment Bond must be date of Contract If Resident Agent ts not a
corporation, give a person's name )
2249 CONTRACT & BONDS
PB - 4