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1997-349 O INANCE 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 C~ty has sohmted, received and tabulated competitive b~ds for the construction ofpubhc works or ~mprovements ~n accordance w~th the procedures of STATE law and C~ty orchnances, and WHEREAS, the C~ty Manager or a designated employee has received and recommended that the here~n descnbed b~ds are the lowest responsible b~ds for the construction of the pubhc works or ~mprovements described m the b~d ~nwtat~on, b~d proposals and plans and spemficat~ons therem, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the following competitive b~ds for the construction ofpubhc works or ~mprovements, as descnbcd ~n the "B~d Inwtat~ons", "B~d Proposals" or plans and spemficat~ons on file ~n the Office of the C~ty's Purchasing Agent filed accor&ng to the b~d number assigned hereto, are hereby accepted and approved as being the lowest responsible b~ds BID NUMBER ~ AMOUNT 2124 PAVEMENT SPECIALISTS, INC $ 53,740 00 ~ That the acceptance and approval of the above competmve bids shall not constitute a contract between the C~ty and the person submitting the b~d for construction of such pubhc works or improvements hereto accepted and approved, until such person shall comply w~th all reqmrements specified m the Not~ee to Bidders including the t~mely execution of a written contract and furmshmg of performance and payment bonds, and insurance certificate after notlficat~on of the award of the b~d SECTION III That the C~ty Manager ~s hereby authorized to execute all necessary written con~'acts for the performance of the construction of the pubhc works or improvements m accordance w~th the bids accepted and approved hereto, prowded that such contracts are made m accordance with the Not, ce to B~dders and B~d Proposals, and documents relating thereto spemfymg the terms, conditions, plans and specifications, standards, quantities and specified sums contmned thereto 3_ ~ That upon acceptance and approval of the above competitive bids 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 m the manner and ~n the amount as specified m such approved bids and authorized contracts executed pursuant thereto ~ That tins ordinance shall become effective lmmedmtely upon ~ts passage and approval PASSED AND APPROVED this the ~/']~''~ day of ~,1997 JACK MILLER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY 2124 CRACK SEALING OF STREETS CURTCO BAUM PAVEMENT PAGE 1 OF 2 INC CONST SPECIALISTS NOVEMBER 6, 1997 CO INC DI~e~Cp,,,IPTION VENDOR VENDOR VENDOR GRAND TOTAL $63,222 00 $62,000 0~0 $S3,740 00 PI~OJECT LOCATION LISTINGS STATE OF TEXAS COUNTY OF DENTON THIS AGREEMENT, mede and entered into ~his ~ day of DECEMBER A.D., 19 97 , by and between T~E 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 prO BOX 2030 ROANOKE, TX 76262-4030 of the City of ROANOKE , County of ~- and State of T~XAS , 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: B~D ~ 2124 -- CRACK SEALANT OF STREETS in the amount of ~.~n-00 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 al~ 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, end in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), Instructions to Bidders, and the Performance and Payment Bonds, all attached hereto, and in accordance with the plans, which includes all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by ENGINEERING DEPARTMENT all of which are made a part hereof and collectLvely evidence and constitute the entire contract. Indenendent Status It is mutually understood and agreed by and between City and Contractor that Contractor is an independent contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas, for the purposes of income tax, withholding, social security taxes, vacation C°rity sick leave benefits, worker's compensation, or any other 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 has 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 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 notice to oonence 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. IN WITNESS WHEREOF, ~h~: par=ies of ~hese presents have executed this a~ree~ent in year and day first above written. pAV~4ENT SPECIALISTS. INC. P.O. mX 2030 MAILING ADDRESS 817 491-9665 PHONE NUMBER ill7 491-9777 TITLE- V~E PRESIDENT CASEY L. HOLLOWAY PRINTED NAME APPROVED AS TO FORM: (SEAL) C£ty AttOrney ~ AAA0184D Rev. 04~05~96 CA - 3 CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Bidder's attention Is directed to the insurance requirements below. It is highly recommended that bidders confer with their respective Insurance carriers or brokers to detsrmlne in advance of Bid submission the availability of insurance certificates and endorsements as prescribed end provided herein If an apparent Iow bidder fails to comply strictly with the Insurance requirements, that bidder may be disqualified from award of the contract. Upon bid award, all Insurance requirements shall become contractual obligations which the successful bidder shall have a duty to maintain throughout the course of this contract. STANDARD PROVISIONS: W~thout limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted work has been completed and accepted by the City of Denton, Owner, the m,nimum insurance coverage as ,ndicated hereinafter. As soon as practicable after notification of bid award, Contractor shall file w~th the Purchasing Department satisfactory certificates of insurance, containing the b,d number and title of the project. Contractor may, upon written request to the Purchasing Department, ask for clarification of any ,nsurance requirements at any time; however, Contractors ere strongly advised to make such requests prior to bid opening, since the insurance requirements may not be modified or waived after bid opening unless a written exception has been submitted with the bid. Contractor shall not commence any work or deliver any material until ha or she receives notification that the contract has been accepted, approved, and signed by the City of Denton All insurance policies proposed or obtained in satisfaction of these requ,rements shall comply with the following general specifications, and shall be maintained m compliance with these general specifications throughout the duration of the Contract, or longer, if so noted: · Each policy shall be issued by s company authorized to do business in the State of Texas with an A.M. Best Company rating of at least A · Any deductibles or self-insured retentions shall be declared in the bid proposal. If requested by the City, the ~nsurer shall reduce or elim,nate such deductibles or self-insured retentions with respect to the City, ~ts AAA003110 Insuranoe Requirements Page 2 officials, agents, employees and volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and related ,nvestlgations, cla,m administration and defense expenses. · Liability pollc,es shall be endorsed to provide the following' · · Name as additional insured the C~ty of Denton, its Officials, Agents, Employees and volunteers. · · That such insurance Is primary to any other insurance avmlable to the additional Insured w~th respect to clmms covered under the policy and that th~s Insurance applies separately to each insured against whom claim is made or su,t is brought. The inclusion of more than one Insured shall not operate to increase the insurer's limit of Ilab~hty · All policies shall be endorsed to provide thirty(30) days prior written not~ce of cancellation, non-renewal or reduction in coverage · Should any of the required insurance be provided under a claims-made form, Contractor shall mmntain such coverage continuously throughout the term of this contract and, without lapse, for a period of three years beyond the contract expiration, such that occurrences arising during the contract term which give rise to claims made after exp;retion of the contract shall be covered · Should any of the required insurance be prov,ded under a form of coverage that Includes a general annual aggregate limit prowdlng for claims Investigation or legal defense costs to be included ~n the general annual aggregate limit, the contractor shall either double the occurrence limits or obtain Owners and Contractors Protective Liability Insurance. · Should any required Insurance lapse dunng the contract term, requests for payments originating after s¥ch lapse shall not be processed until the City receives satisfactory evidence of reinstated coverage as required by th~s contract, effective as of the lapse date. If insurance is not reinstated, City may, at its sole option, terminate this agreement effective on the date of the lapse AAA00360 .~'V~D ~o~2~ CI - 2 Insuranoe Requirements Page 3 SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: All ,nsurance policies proposed or obtained in satisfaction of this Contract shall addltio~ally comply w,th the following marked specifications, and shall be ma,nra,ned ~n compliance with these additional specifications throughout the duration of the Contract, or longer, if so noted: A. General Uability Insurance: General Liability ,nsurance with combined single limits of not less than ~50o~000.00 shall be provided and maintained by the contractor. The poltcy shall be wr,ttan on an occurrence basis either in a single policy or tn a combination of underlying and umbrella or excess policies. If the Commercial General Liability form (ISO Form CG 0001 current edition) ,s used' · Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual liabtitty covering this contract and broad form property damage coverage · Coverage B shall ,nclude personal injury. · Coverage C, medical payments, ts not requ,red If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) is used, it shall include at least: · Bodily injury and Property Damage Liabli,ty for pram,sas, operations, products and completed operations, independent contractors and property damage resulting from explos,on, collapse or underground (XCU) exposures. · Broad form contractual llab,lity (preferably by endorsement) covering this contract, personal injury llabil,ty and broad form property damage liability AAAO0360 REVt=I'.'O 10/12/g4 CI - 3 Insurance Requirements Page 4 Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than ~ either ~n a single policy or in a combination of basic and umbrella or excess policies The policy w~ll Include bodily injury and property damage liability arising out of the operation, maintenance and use of all automobiles and mob,la equipment used In conjunction with this contract. Satisfaction of the above requirement shall be in the form of a pohcy endorsement for: a any auto, or · all owned, hired and non-owned autos Workers Compensation Insurance Contractor shall purchase and mamta,n Worker's Compensation insurance wh;ch, ;n addition to meeting the mlmmum statutory requ,rements for ~ssuance of such insurance, has Employer's Liability I,mits of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 policy limit for occupational disease. The City need not be named as an "A~ldltional Insured" but the Insurer shall agree to wmve all rights of subrogation against the C,ty, its officials, agents, employees and volunteers for any work performed for the City by the Named Insured. For building or construction projects, the Contractor shall comply with the prowsions of Attachment 1 in accordance with §406.096 of tha Texas Labor Code and rule 28TAC 110.110 of the Texas Worker's Compensation Commission (TWCC) [ ] Owner'e and Contractor's Protective Liability Insurance The Contractor shall obtain, pay for and ma,ntain at all times during the prosecution of the work under this contract, an Owner's and Contractor's Protective Liab~lity insurance policy nam;ng the C~ty as insured for property damage and bodily injury which may arise m the prosecution of the work or contractor's operations under this contract Coverage shall be on an AAAO03~O REVISED 10112/84 ~l Insurance Requirements Page 5 "occurrence" basis, and the policy shall be Issued by the same insurance c~ompany that carries the contractor's liability insurance. Policy limits will be at least oombined bodily Injury and property damage per occurrence with a aggregate. [ ] Fire Damage Legal Liability Insurance Coverage is required if Broad form General Liability is not provided or is unavailable to the contractor or if a contractor leases or rents a portion of a City building. Limits of not lass than each occurrence are required [ ] Professional Liability Insurance Professional liability insurance with lim,ts not less than per cla:m with respect to negligent acts, errors or omissions ,n connection with professional services is required under this Agreement [ ] Builders' Risk Insurance Builders' Risk Insurance, on an Ali-Risk form for 100% of the completed value shall be provided. Such policy shall include as "Named Insured" the City of Denton and all subcontractors as their interests may appear. [ ] Additional Insurance Other insurance may be required on an individual basis for extra hazardous contracts and specific service agreements. If such additional insurance ~s required for a specific contract, that requirement will be described in the "Specific Conditions" of the contract specifications. AAAO03~O nEYmED '~0/12~4 ~1 b Insurance Requirements Page 6 ATTACHMENT I [x] Worker's Compensation Coverage for Building or Construction Projects for Governmental Entitles A. Definitions: Certificate of coverage ("certlflcate")-A copy of a certificate of insurance, a certificate of authority to self-insura ,ssued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entlty's employees provid,ng servaces on a project, for the duration of the project. Duration of the project - includes the time from the beg;nning 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 providing services on the project ("subcontractor" ,n §406 096) - includes all persons or entities perform,ng all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project 'Services" include, without lira,ration, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. 'Services" does not include activities unrelated to the project, such 8e food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any overage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011 (44) for all employees of the contractor providing services on the project, for the duration of the project. AAA00360 ~-vmE~ ~o/~;m4 CI - 6 Insurance Requiramenl~ 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 of 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 with the governmental entity showing that coverage has been extended. E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity' (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services 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 notify the governmental entity in writing by certified mall or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commiss,on, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. AAAOO360 REVISED 10/12/94 CI - 7 Insurance Requirements Page 8 I. The contractor shall contractually require each person with whom ~t contracts to provide services 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 Its employees providing services on the project, for the duration of the project; (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the contractor, pr,or to the end of the coverage per,od, 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; (4) obtain from each other person with whom it contracts, and prov,de to the contractor: (a) a certificate of coverage, pr,or to the other person beglnmng 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 currant 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) notify the governmental entity in writing by certified mall or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and AAAO0360 REVlSEO 10112/04 CI - 8 Insurance Requirements Page 9 {7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing 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 provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes end payroll amounts, end that all coverage agreements will be filed with the appropriate Insurance carrier or, in the case of s self-insurad, w,th the commission's Division of Self-insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. RWISED lOn2/e4 CI - 9 BID NUMBER 2124.BID PROPOSALS Gtty o~ Denton. Tmum 901.B Texll 8t- ~ ~ ~ ~KZNGBZ~ 3~ ~S PA~ 6~ BO~IE B ~I~ITY DR RI~Y 7 · BU~ING ~R~ES 8. BU~iNG ,~'~m w~DBOR m~ON 10 · ~m nTT.T, 11 · ~ Sl~a ~,~G~I~ PACE 13; ~ZTT ~S~N ~-DE-SAC 14~ ~K MI~ ~BERTSON 16~ DI~ ~-DE-SAC 17~ HOPKINS D~ DR 18 · HOW~ M~ ~ ~"~i~ DE~-~ 20. JOYCE ~.~ I 21~ ~y ~RSE ~IRIE 22~ ~NG PAIS~Y ~-DE-SAC 23~ MILL MORSE 24~ OX~ ~TIN~ ~T~R 25~ PA~ ~I8~P~R ~S N 27~ PAIS~Y M~INGBI~ s oHs 32~ R~D~ HZ~RY MCKI~Y BID NUMBER 2124 BID PROPOSALS Page2 of 2 ~ty of Denton, Text8 gOt B Texbe 8L Pufldtlalng Dl~lltment ~ Texle 78201 B'X'REL*2 FROM TO 'X'OTAL BXD BEND ANGELINA BmND HER~JLE8 IMPERIAL SIMMONS PA.~K DALLAS DR CT ~IRD DEAD-END PERTAIN MO~. INGO WELLINGTON (~HUR~HILL KIN~S ROW HERCULES SHERMAN WEST OAK JAGOE BONNIE PACE / CUL-DE-SAC CROSSTIMBER WYE GP~N D TOTAL We quote tho above f o b delivered to Denton, Toy, os Shipment =an be made iN_ '/~) - day8 from rooei~ of order Terms not/30 unloo8 otherwise iodi~atod In submittlngt the al~we bid, tho vendor agroo8 thfat aecept~noo of any or all bid item8 by the City of Denton, Texas within · reasonable period of time eonstituo8 a -ontraot The ~ompletad Bid Proposal must be properly prised, signed end returned PAVEMENT SPEC~ISTS, INC. ...... Tltte ]Bond No. 280 1191 THE STATE OF TEXAS ' COUNTY OF DENTON ' KNOW ALL MEN BY THESE PRESENTS That PAVEMENT SPECIALISTS, INC, whose address is P O. BOX 2030, ROANOKE, TX 76262-4030, hereinafter called Principal, and Rel~.ance Insurance Company , a corporation orgamzed and exmtmg under the laws of the State of~,~[[~ and fully anthonzed to transact business m the State of Texas, as Surety, are held and ftm~r~"d'unto the City of Denton, a mumclpal corporation orgamzed and existing under the laws of the State of Texas, heremaRer called Owner, and unto all persons, firms, and corporations who may furmsh materials for, or perform labor upon, the bmldmg or improvements hereinafter referred to, m the penal sum of FIYTY THREE THOUSAND SEVEN HUNDRED FORTY and no/100--- ($53,740.00) m lawful money of the Umted States, to be ptud in Denton County, Texas, for the payment of winch sum well and truly to be made, we hereby bind ourselves, our heirs, executors, adm~mstrators, successors, and assigns, jointly and severally, firmly by these presents This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement winch ~nereases the Contract price, but m no event shall a Change Order or Supplemental Agreement winch reduces the Contract price decrease the penal sum of tins Bond THE OBLIGATION TO PAY SAME m eondmoned as follows Whereas, the Pnnc~pal entered into a certmn Contract, ~denttficd by Ordinance Number 9%349, with the C~ty of Denton, the Owner, dated the 2 day of DECEMBER, A D 1997, a copy of winch is hereto attached and made a part hereof, for BID # 2124 - CRACK SEALING OF STREETS. NOW, THEREFORE, if the Pnnclpal shall well, Italy and faithfully perform 1ts duties and make prompt payment to all persons, firms, subcontractors, corporations and cltumants supplying labor and/or material m the prosecution of the Work provided for ~n stud Contract and any and all duly authorized modifications of stud Contract that may hereafter be made, notice of which modlficatluns to the Surety being hereby expressly waived, then flus obhgat~on shall be void, otherwise it shall remtun m full force and effect PROVIDED FURTHER, that ~fany legal actmn be filed on flus Bond, exclusive venue shall lie m Denton County, Texas AND PROVIDED FURTHER, that the stud Surety, for value received, hereby stipulates and agrees that no change, extenmon of tune, alteration or adthtlon to the terms of the Contract, or to the Work performed thereunder, or to the Plans, Specifications, Dravongs, etc, accompanying the same, shall m anywise affect ~ts obhgat~on on thru Bond, and tt does hereby wtuve not,ce of any such change, extension oft~me, alteration or addmon to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc PAYMENT BOND - Page 1 Tlus Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, as amended, and any other appheable statutes of the State of Texas The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent m DENTON County to whom any requisite notmes may be delivered and on whom service of process may be had m matters arising out of such suretyship, as provided by Ar'acle 7 19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas IN WITNESS WHEREOF, tlus instrument is executed m 4 copies, each one ofwhmh shall be deemed an original, this the 2 day of DECEMBER, 1997 ATTEST PRINCIPAL PAVEMENT SPECIALISTS, INC. ASST SECRETARY viCE PRESIDENT ATTEST' SURETY RELIANCE INSURANCE COMPANY The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is ('NOTE Date of i~ayment ~l~d must be date-°f C°ntrfict 'If ResIdent ~gt~'nt is n°t a corporation, give a person's name ) PAYMENT BOND - Page 2 PERFORMANCE BOND THE STATE OF TEXAS ' COUNTY' OF DENTON ' KNOW ALL MEN BY THESE PRESENTS That PAVEMENT SPECIALISTS, INC., whose address is P.O. BOX 2030, ROANOKE, TX 76262-4030, hereinafter called Pnnmpal, and Relman~e Insurance Cc~pan¥ ,a corporation orgamzed and existing under ~the !aws ofhtehl~ State of ~1~74~ and fully authonzed to transact business m the State of T~xas, as ~urety, are nei and firn~~to the City of Denton, a mummpal corporaUon orgamzed and exmtmg under the laws of the State of Texas, hereinafter called Owner, in the penal sum of FIFTY THREE THOUSAND SEVEN HUNDRED FORTY and no/100 - ($53,740.00) plus 10 percent of the stated penal sum as an adchUonal sum of money representing additional court expenses, I attorneys' fees, and liquidated damages arising out of or connected w~th the below identified ]Contract, m lawful money of the Umted States, to be paid in Denton County, Texas, for the payment ofwtuch sum well and truly to be made, we hereby brad ourselves, our hems, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents Tins Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement wbach increases the Contract price, but m no event shall a Change Order or Supplemental Agreement which recites the Contract pnce decrease the penal sum of tim Bond THE OBLIGATION TO PAY SAME is condmoned as follows Whereas, the Pnnmpal entered into a certain Contract, identified by Orchnance Number 97-349, with the City of Denton, the Owner, dated the 2 day of DECEMBER A D 1997, a copy of which is hereto attached and made a part hereof, for BID # 2124 - CRACK SEALING OF STREETS NOW, THEREFORE, if the Pnnmpal shall well, truly and faithfully perform and fulfill all of the undertakings, covenants, terms, cun&tions and agreements of said Contract m accordance w~th the Plans,I Speclficataons and Contract Documents dunng the original term thereof and any extension thereofwtuch may be granted by the Owner, vath or w~thout notice to the Surety, and dunng the hfe of any guaranty or warranty reqmred under tlns Contract, and shall also well and truly perform and fulfill all the undertakangs, covenants, terms, conditions and agreements of any and all duly authorized modifications of said Contract that may hereafter be made, notice of wb. lch mothficatlons to the Surety being hereby waived, and, if the Principal shall repmr and/or replace all defects due to ' t faulty materials and workmanslup tha appear within a penod of one (1) year from the date of final completion and final acceptance of the Work by the Owner, and, if the Pnnmpal shall fully lndemmfy and save harmless the Owner from all costs and damages which Owner may suffer by reason of failure to so perform hereto and shall fully reimburse and repay Owner all outlay and expense wluch the Owner may incur in making good any default or deficiency, then tbas obligation shall be void, otherwme, it shall remain in full force and effect PERFORMANCE BOND - Page 1 PROVIDED FURTHER, that if any legal action be filed upon tins Bond, exclusive venue shall lie m Denton County, State of Texas AND PROVIDED FURTHER, that the smd Surety, for value received, hereby ~pulates and agrees that no change, extension of tune, alteratmn or adchtmn to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Speeificataons, Dmvangs, etc, accompanying the same, shall m anywise affect ~ts obhgaUon on tins Bond, and ~t does hereby wmve noUce of any such change, extension of time, alteraUon or addiUun to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, SpeeificatIunS, Drawings, etc This Bond IS g~ven pursuant to the provIsaons of Chapter 2253 of the Texas Government Code, as amended, and any other apphcable statutes of the State of Texas The undersigned and designated agent ~s hereby designated by the Surety herein as the Resident Agent m DENTON County to whom any reqtuslte notices may be delivered and on whom service of process may be had m mat~ers arising out of such suretysinp, as pmwded by Article 7 19-1 of the Insurance Code, Vemon's Annotated Civil Statutes of the State of Texas IN WITNESS WHEREOF, flus instrument ~s executed an 4 cop~es, each one of winch shall be deemed an original, tins the 2 day of DECEMBER, 1997 ATTEST PRINCIPAL PAVEMENT SPECIALISTS, INC. BY BY VICE/PRESIDENT / aSST. SECRETARY ATTEST SURETY RELIANCE INSURANCE COMPANY Christy .~E~ons . The Resident Agent of the Surety m Denton County, Texas f6r dehvery ofnoUce anc serwce o~me process is (NOTE Date of PerformanCe Bond must be date df Contract If Resident Age~t IS not a corporation, give a person's name ) PERFORMANCE BOND - Page 2 ~.~&NCE SURETy COMPANY I~.~NCE INSURANCE COMPANY ~ PArC ~~ CO~ ~J~ NA~ON~ ~ CO~ AD~NIS~A~VE ~E, ~I~DE~IA, ~VANIA ~ O~ ~O~ KN~ A~ ~N ~ ~E ~E~, ~ RE~A~E ~UR~ COMPANY ie · oo~ d~ or~ u~m ~ lewe ewe, ~ ~ REUA~E I~U~ CO.ANY ~ UN~ PAC~ INSURANCE CO~A~, ~ oo~ ~y ~z~ u~f ~ lewe ~ ~ ~nweM~ ~ ~ ~ ~ REUA~E NA~ONAL INDE~O~NY.i~ · o~n d~y ~ u~ ~ lew~ of ~ ~ ~w n ~ ~e ~ ~t, ~ N f~w* ~ ~ ~1~ Phl~ ~ ~ ~o in ~ for ~ I, ~ ~ ~ d ~A~E ~UR~ CO~A~, RWANOE INSURA~E CO~, UN~ PACI~C I~U~A~ C~ANY. IN ~ ~ERE~.~I ~ ~ ~t ~ ~ ~ ~ ~ ~e of ~ C~ ~e~~~~ ACORD. CERTIFICATE OFUABiLITY INSURANCE mODUCm THIS CER~FICATE 18 18SUED A8 A MAWR OF INFORMATION ONLY AND CONF.8 NO RIGHT8 UPON THE C~TIFICATE Dawson & ~ons Xns ~c~ Xnc. HOLD~ THIS CERTIFICATE D~8 NOT AMEND, ~END OR 345 ~11~ams 8~=ee~ ALTER THE COVE~GE AFFORDED BY THE POLICIES BELOW ~u;on OH 4~839 COMPANIE8 AFFORDING COVE~GE ~,~. 419-433-2000 ~.0. 419-433-7488 A FSde1~y/Qua=an~y Ins Und lnc B Pave=en~ s~eotal~,~s In= COMPLY 265 Ha=shall Cgeek ~ c P O ~x 2030 coM~Y ~anoke ZX 76262 D THIS IS TO CERTI~ ~AT ~E ~LICIES OF INSURANCE LIS~D ~LOW HAVE BEEN ISSUED TO ~E INSURED NAMED ABOVE FOR ~E ~LI~ ~RIOD EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS GEN~ U~IUTY GENE~L AGGREGATE ~ 2 F 000 ~ 000 -- COM~Z~c~a;N;~ U~U~ 1~30135470200 O4/01/97 04/01/98 P~ODUCTS COM~/OPA== *lr000~O00 ~ CLAIMS MACE OCCUR PERSONAL ~ ~V mdUaY * 1 ~ O00 r 000 O~ER S A CONTRA~OR e ~OT EACH OCCURRENCE ~ 1 ~ 000 r 000 ~ Pe= P=o~eat ~g. FmEO~Aa~Ve~fl~,~ * 300~000 I Crack'Sealing of Streets Refer to G 1795~-B 901 B Texas OF ~Y ~ND U~N THE COMPLY ITS AOnT8 AGORD ~ (~ 196) ,r ~ ........ 'u ~a ~pO~TION lg88 THI~ ENDORSBAENT CHANGF.~I THE POU~. B~K~ ~I~O~L INSURED ~DORS~E~ ~ en~ ~i~ I~ur~ ~ under ~e ~wmg: ~MM~AL Q~L ~1~ COV~ or In the ~1~ ~ ~ ~ ~ ~e I~ ~ I1~ ~ I~ ~e l~ of ~d n~ in ~ m ~e I1~ ~ I~ ~n In ~e ~1~. ~ ~ ~lng: ~ A P~ ~ YOUR ~ A~ T~ ~/~/~ ~d~o~ ~u~ed. ~ o~ ~e~o~, ~s O~c~s, ~e~ Certificate of Insurance I I I1% CI RTI t P. A I t I% ISSUED AS A MATTI R O! [NI~ORMA'I ION ONLY AND CONf EI'~S NO RI(. HT% U I ON YOU 1 HE CERTIFICATF [ IO[ DFR TH[% (-bRT[blCA] E ]5 NOT AN IN%URANL I POLICY AND DOFS NOT AMLND LXTEND OR ALTFR THF COVI RACE Al F(')RDb D BY THF POI ICII q LIS3 ED SELOW Thru Is to Certify that ~ I PAVEMENT SPECIALISTS, INC PO SOX 349 Name and LIBER'I'Y NAPOLEON, OH 43545 I address of MUTUAL d/ Insured s et the ssue da e of this certificate insured by the Company under the pctlcy(ies) listed below The ~nsurance afforded by the hated pohcy ms) is subject to all their terms exclusions and conditions and is not altered by any requ rement term or condit on of any contmc or other document w~th respect to which th s cedihcate may be issued EXP DATE [] CONTINUOUS TYPE OF POLICY [] EXTENDED POLICY NUMBER LIMIT OF LIABILITY [] POLICY TERM COVERAGE AFFORDED UNDER WC EMPLOYERS LIABILITY W O R K E R S 4/1/98 LAW OF THE FOLLOWING STATES C O M P E N B A TI O N ALL STATES EXCE PT Bodily Inlun/BY AccldentEach COVERAGE EXCLUDING AK, $500,000 Accident WC7-181-022871 027 ME NV, OH, RI, WA, WV, WY Bodily Injury By Disease $500,000 Policy Bodily Injury By O~sease $500,000 Each Po[son GENERAL General Aggregate et-her than Products/Completed Operations LIABILITY [] OCCURRENCE Products/Completed Operations Aggreget~ [] CLAIMS MADE Bodllv Inlun/and ProDertv Damaqe LlablhtV Per Occurrence Personal Inlury Per Person/ RETRO DATE Organization Other Oth~r AUTOMOBILE Each Acoldent S~ngle bruit LIABILITY BI andPD Combined [] OWNED Each Pemon --ach Accident or Occurrence [] NON OWNED [] HIRED --ach Accident or Occurrence OTHER ADDITIONAL COMMENTS RE. BID NO. 2124 WAIVER OF SUBROGATION IN FAVOR OF THE CRACK SEALING OF STREETS CITY OF DENTON IS INCLUDED - DENTON, TF.~v~%S If the certificate expiration date Is continuous or extended term you will be notified if coverage Is terminated or reduced before the cerbflcate expiration date SPECIAL NOTICE OHIO ANY PERSON WHO WITH INTENT TO DEFRAUD OR KNOWING THAT HE IS FACILITATING A FRAUD AGAINST AN INSURER SUBMITS AN APPLICATION OR FILES A CLAIM CONTAINING A FALSE OR DECEPTIVE STATEMENT IS GUILTY OF INSURANCE FRAUD NOTICE OF CANCELLATION (NOT APPLICABLE UNLESS A NUMBER OF DAYS IS ENTERED BELOW ) BEFORE THE STATED EXPIRATION DATE THE COMPANY WILL NOT CANCEL OR REDUCE THE INSURANCE AFFORDED NOTICE OF SUCH CANCELLATION HAS BEEN MAILED TO ~ls~r~ 901 B TE~.S STREET DENTON, TEXAS 76201 Clevelan_d, O__H (800) 582-2503 12/2/97 I OFFICE PHONE NUMBER DATE ISSUED BS772A R10