1997-063 ORDINANCE NO q'~_"lg~.~
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD
OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS, PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the City has sohmted, received and tabulated competitive bids for the
construction ofpubhc works or Improvements in accordance with the procedures of STATE law
and City ordinances, and
WHEREAS, the City Manager or a designated employee has received and recommended that
the herein described bids are the lowest responsible bids for the construction of the pubhc works or
~mprovements described in the b~d invitation, bid proposals and plans and specifications therein,
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the following competitive bids for the construction 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 CONTRACTDR AMOUNT
1999 H AND J CONSTRUCTION $ 34,903 50
SECTiON II That the acceptance and approval of the above competitive bids shall not
constitute a contract between the City and the person submitting the bid for construction of such
public works or improvements herein accepted and approved, until such person shall comply with
all requirements specified in the Notice to Bidders including the timely execution of a written
contract and furnishing of performance and payment bonds, and insurance certificate after
notfficatlon 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 m accordance
with the bids accepted and approved herein, provided that such contracts are made in accordance
with the Notice to Bidders and Bid Proposals, and documents relatmg thereto specifying the terms,
conditions, plans and specifications, standards, quantities and specified sums contained therein
SECIION I_Y That upon acceptance and approval of the above competitive b~ds and the
execution of contracts for the pubhc works and ~mprovements as authorized here~n, the C~ty Council
hereby authorizes the expenditure of funds in the manner and m the mount as specffied m such
approved b~ds and authorized contracts executed pursuant thereto
SECTION ~[ That ttus ordmance shall become effective tmmedmtely upon ~ts passage and
approval
/7//t/~- ~_ ,1997
PASSED AND APPROVED th~s the _ day of
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
DATE MARCH 4, 1997
CITY COUNCILREPllRT
TO Mayor and Members of the C~ty Council
FROM Kathy DuBose, Executive Director of Finance
SUBJECT BID # 1999 - SOUTH CENTRAL SIDEWALK REPAIR
RECOMMEI~IDATIO1N We recommend this bid be awarded to the lowest bidder, H and J
Construction, in the amount of $34,903 50, w~th project completion in 10 working days
SUMMARY: This bid is for the replacement of 4' wide sidewalk, curb/gutter, driveway approaches
and handicap ramps along the south side of Greenlee Street, from I35 to Bernard Included is the
removal of old concrete and the Installation of approximately 600 square yards of sod as well as all
necessary barricading, erosion control and excavation
pRO_GRAMS. DEPARTMENTS ORGROIJPS~xFFECTED~ Citizens along Greenlee Street
FLSCALIMPACT. This bid Is a Community Development Block Grant funded project
Account #219-05C-CDC J-8502
Attachment Tabulatmn Sheet
Respectfully submitted
I athSmu se
Executive Director of Finance
Approved
Name Tom D Shaw, C P M
T~tle Purchasing Agent
834 AGENDA
THIS AGRE~w-ENT, made and entered into ~his 4 day cf
~A~CH A.D., 19 97 , by and bet-~een
CITY OF D~N
Of ~e Co~ Of D~N ~d SCa~m of T~as, a~n;
~OU~h 'r~ ~DES
~ere~=o duly au~orized so Co do, h~m~aft~ =~ed "0~," ~=
H & J C~S~U~ION
151 SOUTh ~N S~T
~.n~R ~ ~ 76248
of ~he City of
and State of TEXAS , hereinafter
termed "CONT~%CTOR.
~ESS~: ~at ~or ~d ~ considera=~on of ~e pa~en=s and
a~aemen=s ~ainaf~er
0~, and ~d~ ~e condi=io~ ~r~ssed ~ ~ bon~ aC=ached
hereto, CO~OR h~mby a~mes wi~ 0~ ~o co,enos and
complete p~fo~c8 of ~e work specified below:
BID 9 1999 - SOUT~ ~ SID~ ~AIR
in ~e ~o~ of s~4.9o3.5o ~d all
co~ec~ion ~ermwi~, ~der ~e =~ as s~a~m/ ~ ~m General
Conditions of ~e a~e~=; ~d a= his (or ~e~) o~ proper cos=
and e~ense ~ f~ish all ~=~ials, ~pplies, ~chine~,
accessories and semites nmcmss~ 2o c~ple=m ~e work specified
above, in accordancm wi~
Proposal a==a~ed hereto, and ~ accor~ncm wi~ all ~m General
Condi~ions of ~m
Bidders (Adve~is~en= for
Perforate and
accord~ca wi~ ~e plans, whi~ ~cludes all ~ps, plats,
plans, which includes all maps, plats, blueprlnts, and
otherdrawlngs and printed or written explanatory matter thereof,
and the Specifications therefore, as prepared by:
DEPARTMENT OF ENGINEERING AND T~ANSPORTATION
all of which are made a part hereof and collectively evidence 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 conslderad an employee of the City of
Denton, Texas, for the purposes of income tax, wlthholding, social
security taxes, vacatlon or sick leave benefits, worker's
compensation, or any other city employee benefit. City shall not
have supervision and control of Contractor or any employee of
Contractor, and it is expressly understood that Contractor shall
perform the services hereunder according to the attached
specifications at the general directlon of the city Manager of the
City of Denton, Texas, or hls designee under this agreement.
Contractor shall and does hereby agree to indemnify and hold
harmless the City of Denton from any and all damages, loss, or
liability of any klnd whatsoever, by reason of injury to property
or third persons occasioned by any error, omission or negligent act
of Contractor, its officers, agents, employees, inv~tees, and other
persons for whom it is legally liable, with regard to the
performance of this Agreement, and Contractor will, at its cost and
expense, defend and protect the City of Denton against any and all
such claims and demands.
Choice of Law and Venue
This agreement shall be governed by the law of the State of
Texas and venue for its construction and enforcement shall lie in
the courts of Denton County, Texas
The CONTRACTOR hereby agrees to commence work on or after the
date established for the start of work as set forth in written
notlce to commence work and complete all work w~th~n the time
stated in the Proposal, subject to such extensions of time as are
provided by the General and Special Conditions.
The OWNER agrees to pay the CONTRACTOR in current funds the
price or prices shown in the Proposal, which forms a part of this
contract, such payments to be subject to the General and Special
ConditIons of the Contract.
CA - 2
IN WITNESS WHEREOF, the parties of thes~ presents have
executed this agreement in the year and day first above written
..~.E~ST: . . OF DENTON
(SEAL)
s ~ ~ CONS~UC'rXo~
CONT~CTOR
MAILING ADDRESS
817-379-5549
PHONE NUMBER
FAX NUM~ER~/~/~7...~
BY ~//~ President
~ZTL~
Henry J. Tinker
PRINTED NAME
APPROVED AS TO FORM: (SEAL)
City Attorney
AAA049F4
CA - 3
P P. Oi .MAN BOND
STATE OF TEXAS
COUNTY OF DENTON
~OW ~ ~ BY ~E ~S= ~a= a & J ~S~UCTION
,
~e S2aCe of T~as
held ~d f~y bo~d
so/~oo .... Doll.s
paten= wh~eof, ~e sa~d Pr~c~pal ~d
~e~ he~s, a~is~ors, ~e~urs, ~==essors ~d assi~s,
Join=ly ~d sev~ally,
con.ac= wi~ ~e 0~, da~ad ~e 4 day of ~ ,
19 97 , for ~e cons~ion of B~ % 1999 - SOUTH ~ SID~
which con~rac~ is hereby referred ko and made a par~ hereof as
fully and Co ~he sans ex~ent as ~f copied at length herein.
NOW, Tg~EFOItE, ~he ccndi2ion of ~h/s obl£qaT/on is such,
if Che said principal shall £ai~hfully perform sai.d Con~ract and
shall in all =sspsc~s, condi~ons and agreements Ln and by said
con~rac~ agreed and ccvanan=ad by ~he Principal ~o be observed and
performed, and according ~,o ~ha ~rue ~n~ent and meaning of said
Con~rac~ and ~he Plans and Spscifica~ions hereto al~-nexed, ~hen
obligation shall be Void; o~.herwisa ~o remain in full force and
eff sc~;
PROVIDED, HOWEV~I~, ~hat ~his bond is executed pursuant ~..o the
provisions of ~ha Texas Government Code, Chapter 2253 (Vernon, as
currently anendad), and all L£abilities on ~his bond shall be
determined in accordance with said provisions to ~hs sane ex~snt as
if ~hs¥ were copied at length herein.
PROVIDED FURTHER, tLhaC If any legal ac.ion be filled upon
bond, venue shall lie ~ D~=on Co~, S~=e of T~as.
~qe, ~ton of 2~e, a12~a~ion or ad~on 2o. ~e 2~
~e con~a~, ur 2o ~e work p~o~d ~d~, ~ ~a ~i~,
speo~fica=~ons, or ~aw~gs acc~p~y~q ~e e~e, shall ~ ~y
affe~ i~ obligation on ~ bond, ~d l~ do~ h~y waive
of ~y ~ ~qe, ~s~on of =~e, a~=~a~on ur
~ ~S ~OF, ~e sa~d Pr~c~pal ~d S~aCy have
and sealed ~is ~s~ ~is ~y of
19 .
By
Title T£Cle
Address: Address:
(SEAL) (SEAL)
The nane and address of ~.he ItesidenC Agent of Surety is:
NOTE: Data of Bond must not be prior Co date of Con~ract.
AAA0184D
Rev. 07/28/94
PB - 2
bond~ venue shall
S~, Zo~ ~ue ~eca~ved~
~ ~ESS ~OF~
and sea,ed ~s ~s~en~
19
Address: Address:
(S~AL) (SEAL)
The name and address of ~he Resident Ages= of sure=y is:
NOTE: DaCe of Bond muse sac be prior Co dace of Con,race.
AAA01fl4D
Rev. 07/28/94
PB - 2
PAYMENT BOND
STATE OF TEXAS S
COUNTY OF DENTON S
KNOW ALL MEN BY THESE PRESENTS: That H & J CONSTRUCTION
of t.he City of ,,,~,.r.~u
County of T~ , and the State of TEXAS ,
as principal, and
authorized under the laws of the State of Texas to act as surety on
bonds for principals, are held and firmly bound unto
CITY OF DENTON ~ OWNER, in the penal sum of
THIRTY FOUR THOUSAND NINE HUNDRED AND ','~u~E 50/100 Dollars ($ 34,903.50 )
for the payment whereof, the said Principal and Surety bind
themselves and their heirs, administrators, executors, successors
and assigns, Jointly and severally, by these presents:
WHEREAS, the Principal has entered into a certain written
contract with the Owner, dated the 4 day of MARCH
19 97 .
BID ~ 1999 - SOUTH CEITTRAL SIDEW/tF~K REPAIR
tO whlch contract is hereby referred to and made a part hereof as
fully and to the same extent as if copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH,
that if the said Principal shall pay all claimants supplying labor
and material to him or a subcontractor in the prosecution of the
work provided for in said contract, then this obligation shall be
void, otherwise to remain in full force and effect;
PROVIDED, HOWEVER, that this bond is executed pursuant to
the provisions of the Texas Government Code, Chapter 2253 (Vernon,
as currently amended), and all liabilities on this bond shall be
determined in accordance with said provisions to the same extent as
if they were copied at length herein.
PB - 3
Surety, for value received, stipulates a~d agrees that no
change, extension of time, alteration or addition to the terms of
the contract, or to the work performed thereunder, or the plans,
specifications, or drawings aocompanyingthe same, shall in any way
affect its obligation on this bond, and it does hereby waive notice
of any such change, extension of time, alteration or addition to
the terms of the contract, or to the work to be performed
thereunder.
IN WITNESS WHEREOF, the said Principal and Surety have
signed and sealed this instrument this day of
19 .
Principal Surety
By
Title Title.
Address: Address:
(SEAL) (SEAL)
The name and address of the Resident Agent of Surety is:
AAA0184D
Rev. 04/0~/96
PB - 4
MAINTENANCE BOND
THE STATE OF TEXAS
COUNTY OF DENTON
KNOW ALLMEN BY THESE PRESENTS= That H & J CONSTRUCTION as Principal, and
a corporation authorized to do business in ~he State of Texas, as
Surety, do hereby acknowledge ~hemselves to be held and bound to
pay unto ~he City of Denton, a Municipal Corporation of the State
of Texas, its successors and assigns, at Denton, Denton County,
Texas, the sum of ~THOU~a~FOURHU~n"~n NINIgTYAND35/100
Dollars ($ ~.490.35 ), ten (10%) percent of the total amount of
the contract for the payment of which sum said principal and surety
do hereby bind themselves, their successors and assigns, Jointly
and severally.
This obligation is conditioned, however, that=
WHEREAS, said H & J CONSTRUCTION
has this day entered into a written contract with the said city
of Denton to build and construct BID % 1999 - SOUTH CENTRALSIDEWALK
R~PAIR
which contract and the plans and specifications therein mentioned,
adopted by the City of Denton, are filed with the City Secretary of
said City and are hereby expressly incorporated herein by reference
and made a part hereof as though the same were written and set out
in full herein, and;
WHEREAS, under the said plans, specifications, and contract,
it is provided that the Contractor will maintain and keep in good
repair the work therein contracted to be done and performed for a
period of one (1) year from the date of acceptance thereof and do
all necessary backfilling that may become necessary in connection
therewith and do all necessary work toward the repair of any
defective condition growing out of or arising from the improper
construction of the improvements contemplated by said contractor on
constructing the same or on account of improper excavation or
backfilling, it being understood that the purpose of this section
is to cover all defective conditions arising by reason of defective
materials, work, or labor performed by said Contractor, and in case
the said Contractor shall fail to repair, reconstruct or maintain
said improvements it is agreed that the City may do said work in
MB - i
accordance with said contract and supply such materials and charge
the same against the said Contractor and its surety on ~hls
obligation, and said Contractor and surety shall be subject to the
damages in said contract for each day's failure on the part of said
Contractor to comply with the terms and provisions of said contract
and this bond.
NOW, THEREFORE, if the said.Contractor ,hall_perfo~rm_ ~
agreement to maintain said construction and keep same in repair
the maintenance period of one (1) year, aa herein and said contract
null and void and have no
provided, then these presents shall
further effect; otherwise, to remain b~n full force and effect.
It is further agreed that this obligation shall be a
continuing one against the Principal and Surety and that successive
recoveries may be had hereon for successive breaches of the
conditions herein provided until the full amount of this bond shall
have been exhausted, and it is further understood that the
obligation to maintain said work shall continue throughout said
maintenance period, and the same shall not be changed, diminished,
or in any manner affected from any cause during said time.
IN WITNESS WHEREOF, the said
as Contractor and Principal, has caused these presents to be
executed by
and the said
as surety, has caused these presents to be executed by its
Attorney-in-Fact
and the said Attorney-in-Fact has hereunto set his hand this
day of , 19 ..
SURETY: PRINCIPAL:
BY:
Attorney-in-Fact
AAA0184D
Rev. 04/05/96
MB - 2
CITY OF DENTON
INSURANCE REQUIREMENTS FOR CONTRACTORS
B,dder's attention Is d;rected to the ~nsurance requirements below It is highly
recommended that bidders confer w~th their respective insurance carrmrs or brokers
to determine in advance of Bid submission the avadabdlty of insurance certificates and
endorsements as prescribed and provided herein If an apparent Iow bidder fails to
comply strictly with the insurance requirements, that b~dder may be disqualified from
award of the contract Upon bid award, all ~nsurance requirements shall become
contractual obligations which the successful bidder shall have a duty to maintain
throughout the course of th~s contract
STANDARD PROVISIONS:
W~thout hm~t~ng any of the other obhgat~ons or habd~t~es of the Contractor, the
Contractor shall prowde and maintain until the contracted work has been completed
and accepted by the C~ty of Denton, Owner, the m~mmum insurance coverage as
~nd~cated hereinafter
As soon as practicable after notification of b~d award, Contractor shall file w~th the
Purchasing Department satisfactory certificates of insurance, containing the b~d
number and t~tle of the project Contractor may, upon written request to the
Purchasing Department, ask for clarification of any ~nsurance requirements at any
t~me, however, Contractors are strongly adwsed to make such requests prior to b~d
opening, since the insurance requirements may not be modified or waived after b~d
opening unless a written exception has been submitted w~th the b~d Contractor shall
not commence any work or deliver any material untd he or she receives notification
that the contract has been accepted, approved, and signed by the C,ty of Denton
All insurance pohcms 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, ~f so noted
· Each pohcy shall be ~ssued by a company authorized to do business m 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 m the b~d
proposal If requested by the C~ty, the insurer shall reduce or ehmmate
such deductibles or self-insured retentions w~th respect to the C~ty, ~ts
AAA00350
REVISED 10/12/94 C] - 1
Insurance Requirements
Page 2
officials, agents, employees and volunteers, or, the contractor shall procure
a bond guaranteeing payment of losses and related ~nvest~gat~ons, claim
adm~mstrat~on and defense expenses
· L~abd~ty pohc~es shall be endorsed to prowde the following
· · Name as additional insured the C~ty of Denton, ~ts Officials, Agents,
Employees and volunteers
· · That such ~nsurance ~s pnmaryto any other msuranceavaflable to the
additional insured w~th respect to claims covered under the policy and
that th~s ~nsurance apphes separately to each ~nsured against whom
claim ~s made or suit is brought The ~nclus~on of more than one
insured shall not operate to ~ncrease the insurer's hm~t of habd~ty
· All pohcms shall be endorsed to prowde thirty(30) days prior written not~ce
of cancellation, non-renewal or reduction m coverage
· Should any of the required ~nsurance be prowded under a claims-made
form, Contractor shall maintain such coverage continuously throughout the
term of th~s contract and, w~thout lapse, for a per~od of three years beyond
the contract expiration, such that occurrences arising during the contract
term wh,ch gwe ns· to claims made after expiration of the contract shall
be covered
· Should any of the required insurance be prowded under a form of coverage
that ~ncludes a general annual aggregate hm~t prowdmg for claims
~nvest~gat~on or legal defense costs to be ~ncluded m the general annual
aggregate hm~t, the contractor shall e~ther double the occurrence hm~ts or
obtain Owners and Contractors Protectwe L~abd~ty Insurance
· Should any required insurance lapse during the contract term, requests for
payments originating after such lapse shall not be processed untd the C~ty
recewes satisfactory ewdence of reinstated coverage as required by thru
contract, effective as of the lapse date If insurance ~s not reinstated, C~ty
may, at ~ts sole option, terminate th~s agreement effectwe on the date of
the lapse
AAA00350
REVISED 10/12/94
Insurance Requirements
Page 3
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS.
All ~nsurance pohcies proposed or obtained ~n satisfaction of th~s Contract shall
additionally comply with the following marked specifications, and shall be maintained
m comphance w~th these additional specifications throughout the duration of the
Contract, or longer, ~f so noted.
[X] A General L~ablllty Insurance.
General L~abd~ty ~nsurance w~th combined single hm~ts of not less than
t.000.000 shall be prowded and maintained by the contractor The
pohcy shall be written on an occurrence bas~s e~ther ~n a s~ngle pohcy or m
a combination of underlying and umbrella or excess pohc~es
If the Commerc;al General L~abd~ty form (ISO Form CG 0001 current
edition) ~s used
· Coverage A shall include premises, operations, products, and
completed operations, ~ndependent contractors, contractual habd~ty
covering th~s contract and broad form property damage coverage
· Coverage B shall include personal ~njury
· Coverage C, medical payments, ~s not required
If the Comprehensive General Liabd~ty form (ISO Form GL 0002 Current
Edition and ISO Form GL 0404) ~s used, ~t shall include at least
· Boddy ;njury and Property Damage L~abd~ty for premises,
operations, products and completed operations, ~ndependent
contractors and property damage resulting from explosion, collapse
or underground (XCU) exposures
· Broad form contractual habd~ty (preferably by endorsement)
covering th~s contract, personal ~njury habd~t¥ and broad form
property damage I,ab~hty
AAA00350
REVISED 10112194 Gl - 3
Insurance Requirements
Page 4
[X] Automobile Llabdlty Insurance'
Contractor shall prowde Commercial Automobde L~abd~ty ~nsurance w~th
Combined Single Limits (CSL) of not less than ~ e~ther m a single
pohcy or ~n a combination of basic and umbrella or excess pohcles The pohcy
will ~nclude bodily injury and property damage habd~ty arising out of the
operation, maintenance and use of all automobdes and mobde equipment used
~n conjunction with this contract
Satisfaction of the above requirement shall be ~n the form of a pohcy
endorsement for
· any auto, or
· all owned, h~red and non-owned autos
[X] Workers Compensation Insurance
Contractor shall purchase and maintain Worker's Compensation ~nsurance
which, ~n addition to meeting the mm~mum statutory requirements for ~ssuance
of such insurance, has Employer's Llabd~ty hm~ts of at least $100,000 for each
accident, $100,000 per each employee, and a $500,000 pohcy hm~t for
occupational d~sease The C~ty need not be named as an "Additional Insured"
but the insurer shall agree to wawe all r~ghts of subrogation against the C~ty,
~ts officials, agents, employees and volunteers for any work performed for the
C~ty by the Named Insured For budding or construction projects, the
Contractor shall comply w~th the prows~ons of Attachment 1 ~n accordance
w~th §406 096 of the Texas Labor Code and rule 28TAC 110 110 of the Texas
Worker's Compensation Commission (TWCC)
[ ] Owner's and Contractor's Protective Llabd,ty Insurance
The Contractor shall obtain, pay for and maintain at all t~mes during the
prosecution of the work under th~s contract, an Owner's and Contractor's
Protective Liability insurance pohcy naming the City as insured for property
damage and boddy injury which may arise ~n the prosecution of the work or
contractor's operations under th~s contract Coverage shall be on an
AAA00350
4
REVISED 10/12/94
Insurance Requirements
Page 5
"occurrence" basra, and the pohcy shall be ~ssued by the same ~nsurance
company that cames the contractor's habd~ty ~nsurance Pohcy hm~ts wdl be
at least combined boddy ~njury and property damage per
occurrence w~th a aggregate
[ ] FAre Damage Legal Liab,hty Insurance
Coverage ~s required ~f Broad form General L~abd~ty ~s not prowded or ~s
unavailable to the contractor or ~f a contractor leases or rents a portion of a
C~ty budding L~m~ts of not less than each occurrence are required
[ ] Professional Liability Insurance
Professional habd~t¥ ~nsurance w~th hm~ts not less than per claim
w~th respect to neghgent acts, errors or ommslons in connection w~th
professional services ~s required under th~s Agreement
[ ] Builders' R,sk Insurance
Budders' R~sk Insurance, on an AII-R~sk form for 100% of the completed value
shall be prowded Such pohcy shall ~nclude as "Named Insured" the C~ty of
Denton and all subcontractors as their ~nterests may appear
[ ] Additional Insurance
Other ~nsurance may be required on an md~wdual basra for extra hazardous
contracts and specific service agreements If such additional ~nsurance ~s
required for a specific contract, that requirement wdl be described ~n the
"Specific Conditions" of the contract specifications
AAA00350
.EWSE~ ~o/~2/~4 Cl - 5
Insurance Requirements
Page 6
ATTACHMENT I
IX] Worker's Compensation Coverage for Bu~ld,ng or Construction Projects for
Governmental Entities
A Deflmt[ons
Certificate of coverage ("cert~f~cate")-A copv of a certificate of ~nsurance,
a certificate of authority to self-~nsure ~ssued by the commission, or a
coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84),
show~ng statutory workers' compensation insurance coverage for the
person's or ent~ty's employees prowd~ng serwces on a project, for the
duration of the project
Duration of the project - includes the time from the beginning of the work
on the project until the contractor's/person's work on the project has been
completed and accepted by the governmental entity
Persons prowdmg serwces on the project ("subcontractor" m §406 096) -
~ncludes all persons or entit~es performing all or part of the serwces the
contractor has undertaken to perform on the project, regardless of whether
that person contracted d~rectl¥ w~th the contractor and regardless of
whether that person has employees Th~s ~ncludes, w~thout hm~tat~on,
~ndependent contractors, subcontractors, leasing compames, motor
careers, owner-operators, employees of any such entity, or employees of
any entity which furnishes persons to prowde services on the project
"Services" ~nclude, w~thout hm~tat~on, prowdmg, hauhng, or dehvermg
equipment or materials, or prowdmg labor, transportation, or other serwce
related to a project "Serwces" does not ~nclude act~wt~es unrelated to the
project, such as food/beverage vendors, office supply dehvenes, and
dehvery of portable to~lets
B The contractor shall prowde coverage, based on proper reporting of
classification codes and payroll amounts and fihng of any overage
agreements, which meets the statutory requirements of Texas Labor Code,
Section 401 011 (44) for all employees of the contractor prowd~ng serwces
on the project, for the duration of the project
AAA00350
REVlSEO ~01~2/~4 CI - 6
Insurance Requirements
Page 7
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 during the duration of the project, the contractor must, 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
E The contractor shall obtain from each person prowd~ng serwces on a
project, and prowde to the governmental entity
(1) a certificate of coverage, prior to that person begmmng work on the
project, so the governmental entity wdl have on file certificates of
coverage showing coverage for all persons providing serwces on the
project, and
(2) no later than seven days after receipt by the contractor, a new
certificate of coverage showing extension of coverage, if the coverage
period shown on the current certificate of coverage ends during the
duration of the project
F The contractor shall retain all required certificates of coverage for the
duration of the project and for one year thereafter
G The contractor shall not~fy the governmental entity in writing by certified
mad or personal dehvery, w~thm 10 days after the contractor knew or
should have known, of any change that matenally affects the prows~on of
coverage of any person prowd~ng serwces on the project
The contractor shall post on each project site a not~ce, m the text, form and
manner prescribed by the Texas Workers' Compensation Commission,
~nformmg all persons prowdlng serwces on the project that they are
requ~redto be covered, and stating how a person may verify coverage and
report lack of coverage
AAA00350 Cl- 7
REVISED 10112/94
Insurance Requirements
Page 8
The contractor shall contractually require each person w~th whom ~t
contracts to prowde serwces on a project, to
(1) provide coverage, based on proper reporting of classification codes
and payroll amounts and filing of any coverage agreements, which
meets the statutory requirements of Texas Labor Code, Section
401 011 (44) for all of ~ts employees prowd~ng serwces on the project,
for the duration of the project,
(2) prowde to the contractor, prior to that person beg~nmng work on the
project, a certificate of coverage showing that coverage ~s being
prowded for all employees of the person prowdmg serwces on the
project, for the duration of the project,
(3) prowdethe contractor, prior to the end of the coverage per~od, a new
certificate of coverage showing extension of coverage, ~f the coverage
per~od shown on the current certificate of coverage ends during the
duration of the project,
(4) obtain from each other person w~th whom ~t contracts, and provide to
the contractor
(a) a certificate of coverage, prior to the other person beg~nmng
work on the project, and
(b) a new certificate of coverage showing extension of coverage,
prior to the end of the coverage per~od, ~f the coverage period
shown on the current certificate of coverage ends during the
duration of the project,
(5) retain all required certificates of coverage on file for the duration of
the project and for one year thereafter,
(6) not~fy the governmental entity ~n writing by certified mad or personae
dehvery, w~thm 10 days after the person knew or should have known,
of any change that materially affects the prows~on of coverage of any
person prowdmg serwces on the project, and
AAAO0360
REVISED 10112194
Insurance Requirements
Page 9
(7) contractually require each person w~th whom ~t contracts, to perform
as required by paragraphs (1) - (7), w~th the certificates of coverage
to be prowded to the person for whom thev are prowding serwces
J By s~gmng this contract or providing or causing to be provided a certificate
of coverage, the contractor is representing to the governmental entity that
all employees of the contractor who will prowde services on the project wdl
be covered by workers' compensation coverage for the duration of the
project, that the coverage wdl be based on proper reporting of classification
codes and payroll amounts, and that all coverage agreements wdl be filed
w~th the appropriate ~nsurance career or, m the case of a self-~nsured, w~th
the commission's Division of Self-insurance Regulation Prowdlng false or
misleading reformation may subject the contractor to administrative
penalties, criminal penalties, ClVI~ penalties, or other ClVd actions
K The contractor's fadure to comply w~th any of these provisions ~s a breach
of contract by the contractor which ent~tles the governmental entity to
declare the contract vmd ~f the contractor does not remedy the breach
w~thm ten days after receipt of not~ce of breach from the governmental
entity
AAA00360 CI - 9
REVISED 10112194
WORK DAYS 10
BID NO
South Central Stdewalk Re, air PO NO
BID TABULATION SHEET
Umt Price m Words
:3 1 Preparation of Pught-of-Way - LS $ /LS
Umt Price m Words
3 12 Temporary Erosion Control - LS $ /LS $
Umt Pnce m Words
8 I Barncades, Wanung Signs - LS $ /LS
and Detours
Umt Price m Words
8 3A [ 4" Concrete SldewalkJFlbers 1,049 SY
/SY
Umt Price tn Words
] Concrete Reta~mng Wall 4 CY /SY
8
7
Umt Price m Words
1 21 Contractors Warranues and - LS $ $
Understandings
Umt Price m Words
SP-39 Project Sign 1 EA
Umt Price m Words
3-B Remove Curb and Gutter 254 LF $ ,~. ~,,~ /LF
Umt Pnce m Words ~,.,~,
P-5
WORK DAYS
BID NO
South Central Sidewalk Repair PO NO
BID TABULATION SHEET
Umt Pnce m Words
8 2-A Concrete Curb and Gutter 254 LF
Umt Price m Words ~' ~ 7~ c~/J/a--~ ~ ~-~
SP-2 Concrete Sawcut 291 LF /LF $
Umt Price m Words.
8 3-B 6' Concrete Sidewalk with 61 /SY $
Reinforcement (Steel and
Fibers)
Umt Price m Words
9 Sod 600
Umt Price m Words
' Card Ins~ ceAgen
Sul ran
C~ntral Expressway
500 N
Piano Texas ~5p74-6762
'~hene ~umber ~5~8~5404
578?5407
N Jm,ber ~-
972,
P RSO C BOND
STATE, OF TEXAS S
COUNTY OF DENTON S
NOW ALL KEN BY '~'~ASE PRESENTS: The= a & ~ C~S~ON
, ~ ~-&~, au~orlzad ~d~ ~e laws cf
so/leo .... Dol~ (~ ~4,~0~_~o ! for ~m
panic whereof, ~e sal~ Pr~c~pal ~d ~e~ ~d ~o~,elv~, ~
~e~ he~, a~-;-~tors, ~e~Cors, ~cc~sors ~d ust~s,
Jointly ~d sev~ally, by ~e preenS:
19 97 ~ ~0= ~e cons~ion of ~ % 199~ - ~ ~ SID~
~ATR
which cone=acC is hereby referred
fully ~d Co ~e s~n ~ ~ If copied aC len~ h~a~.
NOW, ~0~, ~e condition of ~s obli~=ion
If ~e said ~cipal ~all faintly p~fo~ sai~ Con~
shall ~ a~ ~p~, con~Ci~ ~d a~u~ ~ ~d hy said
con~a~ a~ead ~d cov~Cad ~ ~e pr~clpal
p~o~ed, ~ accor~q ~ ~o ~o ~ ~d ne~q of said
effa~;
~Ov~, HOW~v~, ~t ~s bond
provisi~ ~f ~e T~as Gov~C Code, ~apC~. aa~3 CV~on, as
=~y ~ded), ~d all 1~i~
if ~ay v~e COpied aC len~
£0/90
The name and add~a~s of C~.a Res:f. denC Age. nC of
NOTZ: DaCe o5 Bond ~C noC be prior ~ dace o5 Con~.~acC.
AAAOL84D
~. 07/28/94
g~ NOI~O2~t~NOO ~ H t£~g 8£; ~B r~'J 90 2! £6, £0/90
PAYMENT BOND
STATE OF TEXAS
COUNTY OF DENTON
I(NOW AItL HE~ BY THESE PRESENTS: That s & J CO~STS~C~ION
of ~he City of ,~,~,.r.~
County of T~aP~T , and the Stats of T~aAS .,
as principal, and
authorized under the laws of the State of Texas to act as surety on
bonds for principals, are held and firmly bound unto
ci~ OF D~qTON , OWNER, in the penal sum of
~azR~ ~oua TaOUSAND NZNE ~UND~ZD A~D T~ $0/100 Dollars ($ 34,903.50 )
for the payment whereof, the said Principal and Surety bind
~hemsslvee and their heirs, administrators, executors, successors
and assigns, Jointly and severally, by these presents=
WHEREAS, the Principal has entered into a certain written
con=tact with the Owner, dated ~he 4 day of ~ARC~
19 97 .
BID 9 1999 - $0~£u CLOISTRAL SIDEWALK HEPAXR
to which contract is hereby referred to and mede a part hereof as
fully and to the same extent as if copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH,
that if the said Principal shall pay all ~leimants supplying labor
and material to him or a subcontractor ~n the prosecution of the
work provided for in said contract, then this obligation shall be
void, otherwise to remain in full force and effect;
PROVIDED, HOWEVER, that =his bond ia executed pursuant to
the provisions of the Texas Government Code, Chapter 2253 (Vernon,
as currently amended), and all liabilities on this bond shall ba
determined in accordance with said provisions to the same extent as
if they were copied at length herein.
PB - 3
9T~] NOI,LgII~LLSNOI) F H ~'C!lG 6;; £Tl~ l'~g 90 IT lG, £0/90
Sursty~ ~or value rece~ved~ stipulates a~d a~rees ~hst no
change~ ex~sns:Lon of ~i~e~ al~ers~ion or addition
specifications, or drawings accompanying ~ne sams, sna&~
&flee= its obligation on T/%ls ~ond, .and it does.h, ersby
of any such changer extension of tlmew <sra=Lon or
~he terms of the contract, or to the work to ha perf6rmed
thereunder.
IN WITNESS WHEREOF~ the said Principal and Surety have
signed and sealed this instrument this 7~h . day of
' Principal ' / SUre=y
,.
Title /~,~¢b./.,,,.~;. ~itle ff~T.. ~n ~-~.
~lh9. r~ Y~ ~' ~ ~4
(SEAL) (SEAL)
The name and address of the Resident Agen~ of Sure=y is:
d a d su,64, ~ ~"~ ~
AAA0184D
Rev. 04/os/g~
PB - 4
LT~ NOI,.LDQH, LSNOO ~ H ~£;G 6L£ £T8 ~¥d 90 LT L6, 80190
THE STATE OF TEXAS
COUNTY OF DENTON
KNOW ALLMEN BY THESE PRESENTS: That a & j CONSTRU~TION as Principal~ and
a corporation authorized to do business in the State of Texas, as
Surety, do hereby acknowledge themselves to be held and bound to
pay unto the City of Den=on, a Municipal Corporation of the State
of Texas, its successors and assLgns, a~ Denton, Denton County,
Texas, the sum of ~THOUSANDFOUI~HIIblDREDNINE~AND35/100
Dollars ($ 3.490.35 ), ten (10%) percent cf the total amount of
the contraot for the payment of which sum said principal and sure~y
do hereby bind themselves, their successors and assigns, Jointly
and severally.
This obligation le conditioned, however, that:
WHEP~-AS, said H & J CONSTRUCTION
has this day entered into a written contract with the said City
of Denton to buLld and construct BID 9 1999 - SOUT~C~SID~q~LK
which contract and the plans and specifications therein mentioned,
adopted by the City of Denton, are filed with the city Secretar~ of
said City and are hereby expressly incorporated herein by reference
and made a part hereof as though the same were written and set out
in full hereln, and;
WHE~%EAS, under the said plans, specifications, and contract,
it is provided tha~ the Contractor wLll maintain and keep in good
repair the work therein contracted to be done and performed for a
period of one (1) year from the date of acceptance thereof and.do
all neoessa=y backfilling that may become necessary in connection
therewith and do all necessary work toward the repair of any
defective condition growing out of or arising from the improper
construction of the improvements contemplated by said contractor on
constructing the same or on account of improper excavation or
backfillzng, it being understood that the purpose of this section
is to cover all defective conditions arising by reason cf defective
materials, work, or labor performed by said Contractor, and incase
the said Contractor shall fail to repair, reconstruct or maintain
said improvements it is agreed that the City may do said work in
MB - I
accordance with said contract and suppZy such mat~riaZe ,,nd charge
the -,,m, ,,gain,t ,ai,t co tr. ctor .and.
ob~ ~on~ and s~d Con,rector ~ s~e~ sna~ o~_~ ~- __
q ea~ da ~s faille on ~8 pa~
damage'` In sa~d oon~rac~ for Y ...... .=
Contractor ~o comply with ~e te~ ama provLsLo~s O= .~A~
and ~is bond. ',
How, sa d .come,acCo=
a~e~en= to maintain said comstock/on ~d keep 8~e Ln. ~ep=~%
~he maintenance period of one (1) year, as h~eln and sa~a.~on~acu
provided, ~en ~ese presents shal~ b~ ~u~ ~d void .an~e no
fu~her effec=; o~8~ise~ ~o remaln Ln zull zorce ama
It is f~er a~eed tha~ ~is obliga~ion shall be a
con=inuinq one agains= ~he ~incipal and S~e=y and ~a= succ~ssiTe
recoveries may be had hereon for successive breaches
condi=ions herein provided ~til ~e full ~o~t of this ~nd shall
have been e~aus~ad, and it is f~ ~ders~o~ ~a=
oblige=ion to maintain said work shall con=~ue ~roughou= said
maintenance period~ and ~e same shall no~ be ~anged, d~inished,
or in any manner affec=ed from any cause during said =~e.
IN WI~ESS ~OF, ~e said ~ % .~
as Contractor and Principal, has caused ~ese presence to be
ecuted by
and ~e said ~ T~ ....
as surety, has caused these presents ~o be execu=ed ~ its
Attorney-in-Fact ;T~;~, T ~4~
and =he said At=orney-in-Fac~ has hereun=o se= his hand ~is 7
day o~ ~ , 19
S~ETY: PRINCIPAL:
~,t,0184D
~e~. 04/05/96
Y~ - 2
6T~ ~OIJ~9~LSN00 £ H ~C~ 6£C £T9 IY~ g0 £T £6, £0/90
NOBEL INSURANCE COMPANY
.~/~.~o629320
GENERAL POWER OF A'ITORNEY
KNOW ALL MEN BY THESE PRESENTS, That NOBEL INSUBANCE COMPANY has made, eop. st~tm~d and appointed, and by
these presents does mahe, constlmt~ and appoint
Denms H Moore, Jeffrey L Bolm or Karen Kub~ca
~ts true and lawful al~omey-in-fact, for it and In its name, placo, and stead to execute on behalf of the smd Company, as surety, bonds,
uuderta~nss and contracts of $uxetysh~p to he given to
ALL OBLIGEES
pmwded that no bond or undertaking or cont~ant of su~tyship exncuted under this anthonty shall axceed in amount the sum of
************Three n~lhon five hundred thousand ($3,500,000)************
This Power of Attorney is granted and ~s $1~ned and sealed by fanslmde undcr and by the authortt7 of' the fullowmg Resolutinn
ndopted by the Board of Dbectors of.the Company on the 24th day or' Ausust. 1995
,.RESOLVL~D, ~t d~a O~auman of the Boa~l, the V~a Cl~auman of tho Beard. the Primmest. an Exacu~ Vi~ Pt~td~l ae a S~m~ VI~ ~ m s
V~ca President ofth~ C~ml3~y b~, and t~t each o~ any of~m Is, au~on~d to ~x~uta Powm of Attorney qu~l the attornay m fl~ named m tb~ ~n
NOBEL INSUEANCE COMPANY
STATE OF GEORGIA
} ss
COUNTY OF DEKALB
Lenora N Cape
NOTARY PUBLIC
My Commlssmn £xp[~s August ~, 1998
CERTIFICATE
I, the undermgned, an Assistant ~ec-~ta~ of NOBEL INSURANCE COMPANY a Tex~ co~oratmn. DO I-I~REBY CERTIFY
the foregoin$ and aP. ached power ofAtlomey ~=mams In full force and has not been ~evoked, and funhermor~ that tho Reanltmon of thc Bosrd
S,gnedandsealedatthec,tyofAdantamthcS.teof.Oeo~'g,n* Datedthc ~ dayof ~ .19 ~
07/04 '97 14 09 '%'X/EZNO 1147 P02
~0~ E01~3Q~LLS~03 ~ H TCgG 6LC LTS X'YA 9~ TT LG, TO/LO
BU~U OF WOOERS' COMPE~ATION
COLUMBUS, OHIO 43215 2256
CERTIFICATE OF PREMIUM PAYMENT
This ce~lfles that the employer heted below has paid ~nto the Stete Insurance Fund as
required by I~w Therefore, the employer Is ent~t}ed to the r~ghts and benefits of the
fund~r ~e period specified
THIS CERTIFICATE MUST BE CONSPICUOUSLY POSTED
Rd~K NO AND EMPLOYER PERIO~ ~PECIFIED ~ELOW
"' 01/01/1997 THRU 08/31/1997
ewe - 1~ (R~V sM)
12/03 '97 11 06 TX/EX NO 0911 P0I