Loading...
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