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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 - $0~£u CLOISTRAL SIDEWALK HEPAXR to which contract is hereby referred to and mede a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all ~leimants supplying labor and material to him or a subcontractor ~n the prosecution of the work provided for in said contract, then this obligation shall be void, otherwise to remain in full force and effect; PROVIDED, HOWEVER, that =his bond ia executed pursuant to the provisions of the Texas Government Code, Chapter 2253 (Vernon, as currently amended), and all liabilities on this bond shall ba determined in accordance with said provisions to the same extent as if they were copied at length herein. PB - 3 9T~] NOI,LgII~LLSNOI) F H ~'C!lG 6;; £Tl~ l'~g 90 IT lG, £0/90 Sursty~ ~or value rece~ved~ stipulates a~d a~rees ~hst no change~ ex~sns:Lon of ~i~e~ al~ers~ion or addition specifications, or drawings accompanying ~ne sams, sna&~ &flee= its obligation on T/%ls ~ond, .and it does.h, ersby of any such changer extension of tlmew &ltsra=Lon or ~he terms of the contract, or to the work to ha perf6rmed thereunder. IN WITNESS WHEREOF~ the said Principal and Surety have signed and sealed this instrument this 7~h . day of ' Principal ' / SUre=y ,. Title /~,~¢b./.,,,.~;. ~itle ff~T.. ~n ~-~. ~lh9. r~ Y~ ~' ~ ~4 (SEAL) (SEAL) The name and address of the Resident Agen~ of Sure=y is: d a d su,64, ~ ~"~ ~ AAA0184D Rev. 04/os/g~ PB - 4 LT~ NOI,.LDQH, LSNOO ~ H ~£;G 6L£ £T8 ~¥d 90 LT L6, 80190 THE STATE OF TEXAS COUNTY OF DENTON KNOW ALLMEN BY THESE PRESENTS: That a & j CONSTRU~TION as Principal~ and a corporation authorized to do business in the State of Texas, as Surety, do hereby acknowledge themselves to be held and bound to pay unto the City of Den=on, a Municipal Corporation of the State of Texas, its successors and assLgns, a~ Denton, Denton County, Texas, the sum of ~THOUSANDFOUI~HIIblDREDNINE~AND35/100 Dollars ($ 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