1997-064 ORDINANCE NO ~
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 solicited, received and tabulated competitive bids for the
construction of public 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
improvements described in the bid 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 CONTRACTOR AMOUNT
2000 H AND J CONSTRUCTION $ 28,570 90
SECTiONiI 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 furmshlng of performance and payment bonds, and insurance certificate after
notification of the award of the bid
SECIION]II That the City Manager is hereby authorized to execute all necessary written
contracts for the performance of the construction of the public works or ~mprovements in accordance
with the bids accepted and approved herein, provided that such contracts are made in accordance
with the Notice to B~dders and Bid Proposals, and documents relating thereto specifying the terms,
conditions, plans and specifications, standards, quantities and specified sums contained therein
SECT/ON2~ That upon acceptance and approval of the above competitive bids and the
execution of contracts for the public works and improvements as authorized herein, the City Council
hereby authorizes the expenditure of funds in the manner and in the amount as specified in such
approved bids and authorized contracts executed pursuant thereto
SECI[ONR' That this ordinance shall become effective immediately upon its passage and
approval
PASSED AND APPROVED this the 'e~'ta~ day of ~ ,1997
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
DATE MARCH 4, 1997
CITY COUtq~IL REPORT
TO Mayor and Members of the City Council
FROM Kathy DuBose, Executive Director of Finance
SUBJECT BID # 2000 - SEQUOIA PARK SIDEWALK REPAIR
RECO3/IMEISII)AT. IO~: We recommend this bid be awarded to the lowest bidder, H and J
Construction, in the amount of $28,570 90, with completion ~n 15 days
SUMMARY: This bid is for the replacement of a 4' wide sidewalk, curb/gutter, driveway
approaches and handicap ramps in various locations in the Sequoia Park Addition Repairs are
primarily located on Boyd, Redwood and Shawnee Also included is the removal of old concrete and
the installation of apprommately 360 square yards of sod, as well as all necessary barricades, erosion
control and excavation
PROGRAMS, DEPARTMENTS_ORAZROiJP~AFFECTED~ Citizens in the Sequoia Park
Addition
FISCALiMPACII This bid is a Community Development Block Grant funded project
Account # 219-05C-CDCC-8502
Attachment Tabulation Sheet
Respectfully submitted
Executive Director of Finance
Approved
Name Tom D Shaw, C P M
Title Purchasing Agent
833 AGENDA
3
CONTRACT AGREEMENT
-~T~TE OF TEX~S ~
COUNTY OF DENTON S
THIS AGREEMENT, made and entered into this 4 day of
MARCH A.D., 19 97 , by and between
CITY OF DENTON
of the County of DENTON and State of Texas, acting
through TED BENAVIDES
thereunto duly authorized so to do, hereinafter termed "OWNER," and
H & J CONSTRUCTION
151 SOUTH MAIN STI~ET
K~T.T.~.R. TX 76249
of the City of I~L~R , County of TARRANT
and State of TEXAS , hereinafter
termed "CONTRACTOR.'.
WITNESSETH: That for and in consideration of the payments and
agreements hereinafter mentioned, to be made and performed by
OWNER, and under the conditions expressed in the bonds attached
hereto, CONTRACTOR hereby agrees with OWNER to commence and
complete performance of the work specified below:
BID % 2000 - SEQUOIA PARK SIDEWALK I%E~AIR
in the amount of 28,570.90 and all extra work in
connection therewith, under the terms as stated in the General
Conditions of the agreement; and at his (or their) own proper cost
and expense to furnish all materials, supplies, machinery,
equipment, tools, superintendence, labor, insurance, and other
accessories and services necessary to complete the work specified
above, in accordance with the conditions and prices stated in the
Proposal attached hereto, and in accordance with all the General
Conditions of the Agreement, the Special Conditions, the Notice to
Bidders (Advertisement for Bids), Instructions to B~dders, and the
Performance and Payment Bonds, all attached hereto, and in
accordance with the plans, which includes all maps, plats,
CA - i
blueprints, and other drawings and printed or written explanatory
matter ~hereof, and the Specifications therefore, as prepared by
DEPARTME~ OF ENGINEERING AND T~ANSPORTATION
all of which are made a part hereof and collectively evidence and
constitute the entire contract.
Independent St~%~s
It is mutually understood and agreed by and between City and
Contractor that Contractor is an independent contractor and shall
not be deemed to be or considered an employee of the City of
Denton, Texas, for the purposes of income tax, withholding, social
security taxes, vacation or sick leave benefits, worker's
compensation, or any other City employee benefit. 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 direction of the city Manager of the
City of Denton, Texas, or his 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 kind whatsoever, by reason of injury to property
or third persons occasioned by any error, omission or negligent act
of Contractor, its officers, agents, employees, invitees, 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 Venu~
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
notice to commence work and complete all work within 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 these presents have
executed this agreement in the year and day first above written.
ATTEST :. ,
(SEAL)
A ~./~.~. ,TT~ 9~"~ H &
~ ,/--~ --'-- J CONSTRUCTION
! CONTRACTOR
151 South Main Street
Keller, Texas 76248
MAILING ADDRESS
R17-~7~-5549
PHONE NUMBER
8]7-379-5534
FAX NUMBER
BY
Henry J Tinker
PRINTED NAME
APPROVED AS TO FORM: (SEAL)
City Attorney /
AAA0184D
Rev 04/05/96
CA - 3
PERFORMANCE BOND
STATE OF TEXAS
COUNTY OF DENTON
KNOW ALL MEN BY THESE PRESENTS: That H & J CONSTRUCTION
, of the City of
County of ?AR~T , and State of TEXAS
as PRINCIPAL, and
., as SURETY, authorized under the laws of
the State of Texas to act as surety on bonds for principals, are
held and firmly bound unto the CITY OF DENTON
as OWNER, in the penal sum of TWENTY EIGHT THOUSAND FIVE HUNDRED SEVENTY
and 90/100 .... Dollars ($ 28,570.90 ) 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 ,
1997 , for the construction of BID % 2000 - SEQUOIA PARK SIDEWALK
which 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 faithfully perform said Contract and
shall in all respects, conditions and agreements in and by said
contract agreed and covenanted by the Principal to be observed and
performed, and according to the true intent and meaning of said
Contract and the Plans and Specifications hereto annexed, 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 - i
PROVIDED FURTHER, that if any legal action be filled upon this
bond, venue shall lie in Denton County, State of Texas.
Surety, for value received, stipulates and agrees that no
change, extension of time, alteration or addition to the terms of
the contract, or to the work 9erformed thereunder, or the plans,
specifications, or drawings accompanying the same, shall in any way
affect its obligation on this bond, and it does hereby waive not~ce
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
B~
Title Title
Address: Address:
(SEAL) (SEAL)
The name and address of the Resident Agent of Surety is:
NOTE: Date of Bond must not be prior to date of Contract.
AAA0184D
Rev. 04/05/96
PB - 2
PAYMENT BOND
STATE OF TEXAS
COUNTY OF DENTON
KNOW ALL MEN BY THESE PRESENTS= That H & J CONSTRUCTION
of the City of ~T.T.~
County of TARRANT , and the State of T~XAS ,
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
TH~CITYOF D~NTON , OWNER, in the penal sum of
TWENTY EIGHTTHOUSANDFIVEHUNDRED SEVENTY a~d 9°/~llars ($.28,570.90 )
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 S 2000 -SEOUOIA PA]{K ~Tn~wa~K R~PAIR
to which 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 th~s 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 here~n.
PB - 3
Surety, for value received, stipulates and 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 accompanying the 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
Ey
Title Title
Address: Address:
(SEAL) (SEAL)
The name and address of the Resident Agent of Surety is:
AAA0184D
Rev. 04/05/96
PE - 4
MAINTENANCE BOND
THE STATE OF TEXAS
COUNTY OF DENTON
KNOW ALL MEN B¥ THESE PRESENTS: That H & J CONSTRUCTION
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 Denton, a Municipal Corporation of the State
of Texas, its successors and assigns, at Denton, Denton County,
Texas, the sum of TWO THOUSANDEIGHT]{UNDRED FIFTY SEVEN and 09/100--
Dollars ($ 2~857.09 ), 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 ~ 2000 -- SEQUOIA PA~K SIDEWAT.~ R]~q~AIR
which contract and the plans and specifications there~n 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 this
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 shall perform its
agreement to maintain said construction and keep same in repair for
the maintenance period of one (1) year, as herein and said contract
provided, then these presents shall be null and void and have no
further effect; otherwise, to remain in 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
Bidder's attention is directed to the ,nsurance requirements below It ,s highly
recommended that bidders confer with their respective insurance carriers or brokers
to determ,ne in advance of Bid submission the avadab,lity of ,nsurance certlf, cates and
endorsements as prescribed and provided herein If an apparent Iow b,dder 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 obhgatlons which the successful bidder shall have a duty to maintain
throughout the course of th,s contract
STANDARD PROVISIONS.
W~thout hm~tmg any of the other obhgat~ons or habd~tms of the Contractor, the
Contractor shall provide and mmntaln untd the contracted work has been completed
and accepted by the C~ty of Denton, Owner, the m~mmum insurance coverage as
indicated hereinafter
As soon as practicable after not~flcatlon 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 wntten request to the
Purchasing Department, ask for clanflcat~on of any ~nsurance requirements at any
t~me, however, Contractors are strongly advised to make such requests prior to b~d
opemng, since the ~nsurance requirements may not be modified or waived after b~d
opemng unless a written exception has been submitted w~th 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 ~nsurance pohc~es proposed or obtmned ~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 bus~ness m the
State of Texas w~th an A M Best Company rating of at least A
· Any deductibles or self-~nsured retentions shall be declared m the b~d
proposal If requested by the City, the ~nsurer shall reduce or eliminate
such deductibles or self-~nsured retentions w~th respect to the City, ~ts
AAA00350
.~wsEo ~o~9. Cl - 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~mstratmn and defense expenses
· Lmb~hty pohcms shall be endorsed to prowde the following
· · Name as addltmnal insured the C~ty of Denton, ~ts Officials, Agents,
Employees and volunteers
· · That such ~nsurance ,s pnmary to any other insurance ava,lable to the
additional ~nsured w~th respect to claims covered under the pohcy and
that th~s ~nsurance apphes separately to each ~nsured against whom
claim ~s made or su~t ~s brought The ~nclusmn of more than one
~nsured shall not operate to ~ncrease the ~nsurer's hm~t of hab~hty
· All pohcms shall be endorsed to prowde th~rty(30) days prior written notice
of cancellation, non-renewal or reductmn ~n 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 exp~ration, such that occurrences arising during the contract
term which g~ve rme to claims made after expiration of the contract shall
be covered
· Should any of the required ~nsurance be provided under a form of coverage
that ~ncludes a general annual aggregate hm~t prowdlng for claims
~nvest~gatmn or legal defense costs to be ~ncluded ~n the general annual
aggregate hm~t, the contractor shall e~ther double the occurrence hm~ts or
obtain Owners and Contractors Protective L~ab~hty Insurance
· Should any required Insurance lapse during the contract term, requests for
payments originating after such lapse shall not be processed until the C~ty
receives satisfactory ewdence of reinstated coverage as required by th~s
contract, effective as of the lapse date If ~nsurance ~s not reinstated, C~ty
may, at ~ts sole optmn, terminate this agreement effective on the date of
the lapse
AAAO0350
REVISED 10/12/94 CI - 2
Insurance Requirements
Page 3
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS.
All ~nsurance pohc~es proposed or obtained m sat~sfactmn of th~s Contract shall
additionally comply w~th the following marked specifications, and shall be maintained
~n comphance w~th these additional spemflcat~ons throughout the duratmn of the
Contract, or longer, ~f so noted
IX] A General Llab,l,ty Insurance
General L~abdlty insurance w~th combined single bm;ts of not less than
1,000,000 shall be prowded and maintained by the contractor The
policy 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 pohcles
If the Commercial General Llabd~ty form (ISO Form CG 0001 current
edition) ~s used
· Coverage A shall ~nclude premises, operations, products, and
completed operations, ~ndependent contractors, contractual I~abd~ty
covenng th~s contract and broad form property damage coverage
· Coverage B shall ~nclude personal ~njury
· Coverage C, medical payments, ~s not required
If the Comprehensive General Lmb,hty form (ISO Form GL 0002 Current
Edition and ISO Form GL 0404) ~s used, ~t shall ~nclude at least
· Bodily Injury and Property Damage L;abd~ty for premises,
operations, products and completed operat;ons, independent
contractors and property damage resulting from explosion, collapse
or underground (XCU) exposures
· Broad form contractual I~ab~l~ty (preferably by endorsement)
covering this contract, personal injury habd~ty and broad form
property damage I~abd~ty
AAA00350
REVISED 10/12/94 Cl - 3
Insurance Requirements
Page 4
[X] Automobile Llablhty Insurance
Contractor shall prowde Commermal Automob;le L~ab~hty insurance w~th
Combined S~ngle Limits (CSL) of not less than 500,000 e~ther m a single
pohcy or ~n a comb~natmn of basra and umbrella or excess pohmes The pohcy
w~ll ~nclude bodily ~njury and property damage hab~hty arising out of the
operatmn, maintenance and use of all automobiles and mobile equipment used
~n conjunction w~th th~s contract
Satmfact~on 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 m~mmum statutory requirements for ~ssuance
of such ~nsurance, has Employer's L~ab~hty hm~ts of at least $100,000 for each
accident, 9100,000 per each employee, and a $500,000 pohcy hm~t for
occupational dmease The C~ty need not be named as an "Additional Insured"
but the ~nsurer shall agree to waive all rights 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 building or constructmn 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 Commmsmn (TWCC)
[ ] Owner's and Contractor's Protective Liability Insurance
The Contractor shall obtain, pay for and maintain at all t~mes dunng the
prosecutmn of the work under th~s contract, an Owner's and Contractor's
Protective Lmb~hty insurance pohcy naming the C~ty as ~nsured for property
damage and boddy ~njury which may anse ~n the prosecution of the work or
contractor's operations under th~s contract Coverage shall be on an
AAA00350
REVISED 10/12/94 C~ - 4-
Insurance Requirements
Page 5
"occurrence" basra, and the policy shall be issued by the same insurance
company that carries the contractor's habdlty ~nsurance Policy limits wdl be
at least combined bodd¥ ~njury and property damage per
occurrence with a aggregate
[ ] Fire Damage Legal Liabdity Ineurance
Coverage ~s required ~f Broad form General L~abd~ty is not prowded or ;s
unavadable to the contractor or ~f a contractor leases or rents a port;on of a
C~ty building L;m~ts of not less than each occurrence are required
[ ] Professional Llabll,ty Ineurance
Professional habd~ty insurance with I~m~ts not less than per claim
with respect to neghgent acts, errors or omissions in connection with
professional services Is required under this Agreement
[ ] Budders' Risk Insurance
Bu;Iders' R~sk Insurance, on an AIl-R;sk form for 100% of the completed value
shall be prov;ded Such pohcy shall include 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 ~nd~v~dual bas~s for extra hazardous
contracts and specific service agreements If such additional insurance is
required for a specific contract, that requirement wdl be described m the
"Specific Conditions" of the contract specifications
AAA00350
REVISED 10112194 Gl - 5
Insurance Requirements
Page 6
ATTACHMENT I
[X] Worker's Compensation Coverage for Bu,ld,ng or Construct,on ProJects for
Governmental Entitles
A Deflmt~ons
Certificate of coverage ("cert~flcate")-A copy of a certificate of ;nsurance,
a certificate of authority to self-insure issued by the commission, or a
coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84),
showing statutory workers' compensation ~nsurance coverage for the
person's or ent~ty's employees providing serwces on a project, for the
duration of the project
Duration of the project - ~ncludes the time from the beg~nmng 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 prowdlng serwces on the project ("subcontractor" ~n §406 096) -
Includes all persons or entitles 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 of
whether that person has employees Thru ~ncludes, w~thout hm~tatlon,
~ndependent contractors, subcontractors, leasing compames, motor
carriers, owner-operators, employees of any such entity, or employees of
any entity which furmshes persons to prowde services on the project
"Services" ~nclude, w~thout hm~tat~on, providing, haul;ng, or dehvenng
equipment or matenals, or providing labor, transportation, or other service
related to a project "Services" does not ~nclude act~wt~es unrelated to the
project, such as food/beverage vendors, office supply dehvenes, and
dehver¥ of portable to~lets
B The contractor shall prowde coverage, based on proper reporting of
class~flcatlon codes and payroll amounts and flhng of any overage
agreements, which meets the statutory requirements of Texas Labor Code,
Section 401 011 (44) for all employees of the contractor providing serwces
on the project, for the duration of the project
AAA00350
REVISED 10/12/94 Cl - 6
Insurance Requirements
Page 7
C The Contractor must provide 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 cf
coverage ends during the duration of the project, the contractor must, prior
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 provide to the governmental entity
(1) a certificate of coverage, prior to that person begmmng work on the
project, so the governmental entity w~ll have on file certificates of
coverage showing coverage for all persons prowd~ng serwces on the
project, and
(2) no later than seven days after receipt by the contractor, a new
certificate of coverage showing extensmn of coverage, ~f the coverage
per~od 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 ~n writing by certified
mall or personal delivery, w~thm 10 days after the contractor knew or
should have known, of any change that mater~ally affects the prows~on of
coverage of any person providing serwces on the project
H The contractor shall post on each project site a not,ce, ~n the text, form and
manner prescribed by the Texas Workers' Compensation Commission,
~nformmg all persons providing serwces on the project that they are
required to be covered, and stating how a person may verify coverage and
report lack of coverage
AAAO0350
REVISED 10/12/94 Gl -
7
Insurance Requirements
Page 8
The contractor shall contractually require each person w~th whom ~t
contracts to provide services on a project, to
(1) provide coverage, based on proper reporting of classification codes
and payroll amounts and fll~ng of any coverage agreements, whmh
meets the statutory requirements of Texas Labor Code, Section
401 011 (44) for all of ~ts employees providing serwces on the project,
for the duration of the project,
(2) prowde to the contractor, prior to that person begmmng work on the
project, a certificate of coverage showing that coverage ~s being
prowded for all employees of the person prowdlng services on the
project, for the duration of the project,
(3) prowde the contractor, prior to the end of the coverage per~od, a new
certificate of coverage showing extension of coverage, ~f the coverage
period shown on the current certificate of coverage ends dunng the
duration of the project,
(4) obtain from each other person with whom ~t contracts, and prowdeto
the contractor
(a) a certificate of coverage, prior to the other person begmmng
work on the project, and
(b) a new certificate of coverage showing extension of coverage,
prior to the end of the coverage period, ~f the coverage period
shown on the current certificate of coverage ends dunng the
duration of the project,
(5) retain all required certificates of coverage on fde for the duration of
the project and for one year thereafter,
(6) not~fy the governmental entity ~n writing by certified mall or personal
delivery, w~th~n 10 days after the person knew or should have known,
of any change that mater~ally affects the prows~on of coverage of any
person prowd~ng serwces on the project, and
AAA00350
REVISED 10/12/94 -- C I - 8
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 provided to the person for whom they are providing services
J By s~gmng th~s contract or prov~d,ng or causing to be provided a certificate
of coverage, the contractor ~s representing to the governmental entity that
all employees of the contractor who w~ll prowde serwces on the project w~ll
be covered by workers' compensation coverage for the duration of the
project, that the coverage will be based on proper reporting of classification
codes and payroll amounts, and that all coverage agreements w~ll be filed
w~th the appropnate ~nsurance carrier or. ~n the case of a self-~nsured, w~th
the commmslon's D~ws~on of Self-Insurance Regulation Prowdmg false or
m~slead~ng information may subject the contractor to adm~mstrat~ve
penalties, criminal penalties, clwl penalties, or other c~wl actions
K The contractor's failure to comply with any of these prowslons ~s a breach
of contract by the contractor which ent~tles the governmental entity to
declare the contract void ~f the contractor does not remedy the breach
w~th~n ten days after receipt of notice of breach from the governmental
entity
AAAO0360
,EWS~D ~o/~2~4 CI - 9
WOI~K DAYS 15 /~
BID NO
Secruoia Park Sidewalk ~eoair PO NO
BID TABULATION SHEET
ZT~ DES~ZPTZON Q~I~ ~IT ~T PRZ~ TOT~
~i= Price in Wor~
3 i Prepara=ion of -- LS $ /LS
aigh=-of-Way ~
~= Price in Words
Uni= Price in Words
8 1 ~dBarricades'De=ours Wa~ing Si~s -- ~ $ ~ /LS $ ~
Unit Price in Wor~
8 3A 4" Concr,=e Sidewalk SS~ SY $~ 3'~'~SY
wi=h Fiber ~eznforcemen=
Uni= Price in Words
i 21 Con=fac=ors Warr~Uzes -- LS $ ~ /LS SD~W~
~d ~ders=~dings
~it Price in Wor~
~i= Przce in Words
3-~ Remove ~rb ~d ~u~er 2~7 LF $ ~ /LF
~i~ Price in Words
3 ] Unclassified ~cava=ion 1~8 ~ ~ /~ ~W
P - 4
WORK DAYS
BID NO
~=uoia Park Sidewalk RePair PO NO
BID TABULATION SHEET
SP-2 Concrete Sawcu~ ~50 LF $ ~ /LF $ ~
~i~ Price ~ Wor~
Uni= Prioe in Words
3 5 sod 3~0
Uni= Przce in Words
P - 5
&~D Sure and nsuranae ency
500 N Central Expre~sway-
Sul ~ -
Rlano, Texas~, 7507~,6762
972 , ~
Phbne Numbe¢ ~,¢7~ 5404
Fax Number' ~578.5407'
PERFORMANCE BOND
STATE OF TEXAS S
COUNTY OF DENTON S
KNOW ALLITCN BY THESE PRESE~TS= That ~ & J CONSTRUCTION
, of the City of
County of ~a~ua~ , and State of
as PRINCIPAL, and
.... , as SURETY, authorized under the laws of
the Stats of Texas to act as surety on bonds for principals, ars
held and firmly bound unto the CIT~ OF
as OWNER, in t.he penal sum of TWENT~ EIGItT TBOUSAND
._and ~0/100 .... .__ Dollars [$ Rs,ST0.90 ) for the
payment whereof, the said Principal and Surety bind themselves, and
their heirs, admLnistrators, executors, successors and assigns,
Jointly and seYerally, by these presents=
WHEREAS, the Principal has entered into a certaLn ~ritten
contract with the OWNER, dated the 4 day of
1997 , for the construction of B~D 9 1000 - SEQDOIA PARK SIDEWALK
which contract is hereby referred to and made a part hereof as
fully and ko the same extent as if copied at length herein.
NOW, THEREFORE, the condition of this obligation is such, that
· f the said principal shall faithfully perform said Contract and
shall in all respects, conditions and agreements in and by said
contract agreed and covenanted by the PrlncLpal to be observed and
performed, and according to the true intent and meaning of said
a sp.cifioation, h.r.? ann.x.d, th.n i.
~ snaa~ De Vole, otherwise to remain in full force and
effect~
PROVIDED, HOWEVER, ~hat this bond is executed pursuant to the
provisions of the Texas Government Code, Chapter 2253 (Vernon, ss
currently amended), and all liabilities on this bond shall be
determined in accordance with sa~d provLsions to the same extent as
if they were copied at lenqth herein.
PB - I
PROVIDED FURTHER, that if any legal action be. £111sd upon this
bond, venus shell lie in Denton County, State o£ Texas.
Surety, for value received, stipulates and a~ees ~at no
change, e~ension of ttae~ alt~ation or addition to ~ tam
~e contrac~ or ~o ~e york per~o~ed ~e~der~ or ~e
speci~fca~ions, or ~awfnqs accompan~inq ~e s~e, shall ~n ~ way
a~ec~ its oblLqa~on on ~is bond, and i~ doss he~eb~ waive
of an~ such chan~e, e~ension of ~ime, al~atEon or addition
~e~ of ~e con2rac2, or 2o ~e work to be
~N ~I~ESS ~EOF~ ~e seed Principal ~d S~ek~ have signed
and sealed this Ens2~en2 ~Es .. V~ da~ of ~ ,
' Principal ' ~ Sure~y
Address: /d~/-C~i_.~./~- ~ Address: 5C0 ~ CaVcrai E~,ay State Z~
(SEAL) (S L)
The name and address of the Resident Agent of Surety is:
d & d ~%tZ ~d In~=.~ ~
NOTE: Date of Bond must not be prior to date of Contract.
AAAO184D
Rev. 04/0S/96
PB - 2
90~ NOI~O~.T.SN00 P H ~£~ 6Z~ &T9 I~ ~0 £! Z6, £0/90
PAYM'RNT BOND
STATE OF TEXAS
COUNTY OF DENTON
BOW AILL MEN BY THESE PRESENTS-' That H t J CONSTaUCTION
of the City of ...
County of TARRANT , and the State of TEXAS
as princ£pal, and _ ~ Ir~____-~r~ ~
authorized under the laws of t. he State of Texas to act as surety on
bonds for principals, ars held and firmly bound unto
· -,~ C~T~ O~ DEN~0~ , OWNER, in the penal sum of
~ ~.~--.- ~OUSA~D F~V~ ~ZD S~-vr~n~ a~d 90/~o°llars ($. 28,570.90 )
for the payment whereof, the sa~d Principal and Surety bind
themselves and their heirs, administrstors, executors, successors
and assigns, Jointly and severally, by these presents=
WHEREAS, the Principal has entered into a cerl;ain written
contract with the Owner, dated the 4 day of
19 97 .
RT~ S 9000 -SF~DUOIA PARK SIDEW]tLK R~PAXR
to which contract is hereby referred to and made a part hereof as
fully and to the same extent es if copied at length herein.
NOW, THEI~EFORE, THE CONDITION OF THIS OBLIGATION IS SUCH,
that if the said Principal shall pay all claimants supplying labor
~d~mater~l_t? hi~ or a subcontractor in the prosecution of the
wor~ prov~aeu =or in said contract, then this obligation shall be
void, otherwiss to remain in full force and effect;
PROVIDED, HOWEVER, that this bond is executed pursuant to
~ nusu~, ana a~l liabilities on ~hts bond ahall be
PB - 3
Surety, for value received, s~ipulates a~d agrees mat no
change, extension of time, alteration or addition ~o ~e ~ o~
specifi~a~io~s, o~ d~awingo accompanying ~e s~e, shall in ~y way
affec~ l~s obliga~ion on ~is ~nd, and i~ does hereby waive notice
of any such change, e~alon of ~ima, elevation o~ addl~i9n ~o
~e ~e~s o~ ~e con~ac~, o~ ~o ~e work ~o be perfumed
~e~e~d~.
XN ~X~ESS ~0~, ~e said Principal and Su~e~ have
signed and sealed ~his ins~en~ ~is ~ day og ~
1~ ~ .
Principal Surety
Title ~ar~n Ku~ca Attc~r~5,-UW~-
Address: ~'Y ~ ~ ~ AddreSs: ~ ~h ~.~
(SZAL) (SEAL)
The name and address of the Resident Agent of Surety is:
d & d Sur~7 and Irs~=~= Xja~y
RAA0184D
Rev. 04/05/96
PB - 4
THE STATE OF TEXAS
COUNTY OF DENTON
KNOW ALL MEN BY THESE PRESENTS: That R & J CONST~U~A'~ON
as Principal, and t~;~
a ccr~oration authorized to do business in the State of Texas, as
Surety, do hereby acknowledge themselves to be held and bound to
pay unto the City of Denton, a Municipal Corporation of the State
Dollars ($ 2.857.09 ), ten (10%) percent of the total amount of
the contract for the payment of which sum satd principal and surety
do hereby bind themselves, their successors and assigns, Jointly
and severally.
This obligation ts conditioned, however, that:
WHERff~S, said . H & J CONSTRUCTIOH
has this day entered into a written contract wl~h =he said City
of Denton to build and construct
BID # RO00 - SEOUOIA PAtaK SIDEWA~J~ ~AXR
which contract and ~hs plans and specifications =herein mentLoned,
adopted by the City of Denton, are filed with ~he 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 ss= ou~
in full herein, and;
WHEREAS, under the said plans, specifications, and contract,
it ~s provided that the Contractor will maintain and keep in good
~:~ ~pe_~r~..therein_cont~cted to be done and performed for ·
~ ~ un~ (~7 year :ro~ ~-~e date of acceptance thereof and do
all necessary backfilling ~hat may become necessary in connection
therewith and do all n~cessary work Coward the repair of any
defective condition growing out of or arising from the improper
construct%on or,he improvements contemplated by said contractor on
cons=rue=lng =he 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
_~_~sa~d Con~ractor shall fail to repair, reconstruct or maintain
~aaa ~mprovements it is agreed ~hat ~he City may do said work in
accordance with said contract and supply such mat~rials and charge
tho aamelaqsinst the said contractor and its surety on
obliqation, and said Contractor and surety shall bo sub~JocC ~ tho
damaqes in said concra~c for each day's failure on the part o£ said
Contractor to comply with the terms and provisions o£ said contrac!t
and this bond.
aqre~en~ ~o ~a~nta~n sa~d toast.crOon ~d keep s~e in repair
~e ma~n~enance p~od of one (~) ~e~, as h~e~n and sa~d contrs~
provided,, ~en ~ese presents shall be null and vo~d and ha~e no
f~er effect; o~e~se, to r~ain ~n fu~ Eorce and e~fec~,
2~ ~s f~a~ agreed ~at ~s obligation shall be a
con~nu~nq one aqa~ns~ ~e Principal and S~ety ~d ~a~ successive
Fecover~es na~ be had he.eon ~o~ successive breaches of ~e
~ond~ons he~e~n provided ~L ~e fu2l ~oun~ of ~is bond
n~y~ ~en ~u~ted~ and ~ ~s f~ ~ders~o~ ~at
o~qa~on ~o maintain sa~d ~ork shall continue ~ouqhou~
na~n~enance per~, and ~e sane shall not be changed, d~n~n~shed,
or ~n and,namer a~fec~d Ero~ any cause during oa~d ~e.
~ W~ESS ~OF~ ~e sa~d ~,~
as Contractor and Principal, has caused ~ese pres~ ~o be
executed b~ ~
and ~e sa~d ~
as suret~ has caused ~ese presents ~o be execu2ed ~
A~orne~-~n-Fac~ ~
and ~he 8a~d A~o~e~-~n-Fac2 has hereunto se~ h~s hand ~h2s
day of ~ , 19~
S~y ~ PRINCIP~ =
A~orney-in-Fact '
,RJ~O184D
~e~. 04/05/96
~ - 2
NOBEL INSURANCE COMPANY
629321
GENERAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, That NOBEL INSURANCE COMPANY has made, constituted and appointed, and by
these present~ does make, const~tote and appomt
Deanls H Moore, Jeffrey L Bohn or Karen Kublca
~ts true and lawful attorney-m-fact, for it and m ~ts name, place, and stead to execute on behalf of the satd Company, as surety bonds,
undcrtakmss and conUncte of suretyship to bo gtven to
ALL OBLIGEES
pmwded that no bond or undetlaktng or contract of suretyship executed under th~s authority shall exceed in amount the sum of
************Three rmlhon five hundred thousand ($3,500,000)************
Th~s Power of Attorney is granted and i$ sa~nad and sealed by facsimile under and by thc authority of the following Resolutmn
adopted by the Board of Dlre~:tors oftbo Company on the 24th day of Augast, 1995
Attest NOBEL INSURANCE COMPANY
STATE OF GEORGIA
} ss
COUNTY OF DEKALB
I, th* undersigned, an A.qsistant Se*m~ of NOBEL INSURANCE COMPANY a Texas corporatton DO HEREBY CERTIFY that
sm-.
Al;llltil. CERTIFICATE OF INSURANCE OATS,MM, ,
04/07/97
PRODUCER 'THIB CERTIFICATE 18 ISSUED AS A MA~ER OR INFO~ATION
ONLY AND CONP~R~ NO RI~HT~ UPON THE CERTIFICATE
~o~ Z~e ~c~ HOLD~ ~18 CERTIFICATE DOE~ NOT AMiD ~E~ OR
[200 8, M~a, B~m 1~00 ALT~ THE COVERAGE AFFORD~ BY THE ~LICI~ BELOW
g~e~e ~ 7605Z _~ COMPANIE~ AFFO~I~Q COVERAGE
81T-4~1-3529 A ~he Ohio Caaualey G~oup
wsu~o c0~A~Y
H & J Cons~e2~ C
151 South ~in Bbree~ COMPANY
Keller TX 76248 D
COVE~G~
~lS IS TO CERTIFY ~HAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN iSSUED TO THE INSURED NAMED ABOVE FOR THE ~LrCY PERIOD
iNDI~TED NOTWITHSTAN~NG A~ REQU~E~ TERM OR COND~iON O~ ANY CON~A~ OR OTHER OO~M~T WITH RES~ TO WHICH
~RTIFICATE MAY BE ISEUED OR ~Y ~RTAIN. THE INSU~NCE AFFORDED BY ~E POLIC[ES DESCRIBED HEREIN IS SU~ECT TO A~L THE ~RMS,
EXCLUSIONS AND CONDmONS OF SUCH ~IClES LIMITS ~N MAY ~ SEEN REDUCED 8~ ~I~/MS
~A ~COMMERCiALO~X~U~IUTY TED 04/02/97 04/02/98 ~OOUCTS COMr~Or~eo ~2~000,O0O
~c~s~; ~occu. .~.so.At~ov,mu~ .1,0o0,000
OTHER THAN UMSRF. U.~ FOPM
'4I~ORK;.RS COMPENSATION A~D [ j i STATUTORY
' C~C~ ~NBT~U~ZON
C~TZFZC~TE HO~ Z~ ~DITION~ ZN~
** **,
C~E HOLDER ' CANC~TION
CZTY012 SHOUm a~Y O; ~S AaOVE D~cme~ ;OL[Ci~ On C~CEL~D e~ THE
30 OAY~ W~B H~ TO TEE C~FICATE HO~ER NAMB TO ~E LE~
C~TY OF D~ON, ITS OFFICIOS,
110B ~g~ ~ OF ~Y KIND U~N THE ~AG~SORR~TAT~
AGORD 2B S i~93) 10N
STATE OF OHIO
B~U OF WO~RS' ~OMPE~TION
CERTJ~CATE OF PREMIUM PAYMENT
This ce~ifles ~ar tbs employer Iie~d below h~s pard ~nlo the State Insurance Fund
required by law Therefore, the employer i~ e~t~tle~ to the ngh~ ~nd benefits of the
~nd~r ~e per;od specified
THI~ CE~IFICATE MUST BE CONSPICUOUSLY POSTED
n~eK NO AND EMPLO~R PEnlOD BPECIFIED BELOW
DP-a; ~
~1~ ~RTI;ICA~ MAY BE R~ROD~EO A~ ~ED
12/08 '97 11 06 ~P'A/RX NO. 0911 PO1