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HomeMy WebLinkAbout1998-147ORDINANCE NA L 14 7 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR GENERAL CONSTRUCTION OF CHAIN LINK FENCE AT THE MUNICIPAL LANDFILL, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE (BID # 2208 — CHAIN LINK FENCE AWARDED TO DRS CONSTRUCTION IN THE AMOUNT OF $69,966 29) 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 public 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 of public 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 2208 DRS CONSTRUCTION $ 69,966.29 SECTION ION II That the acceptance and approval of the above competitive bids shall not constitute a contract between the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified to the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, and insurance certificate after notification of the award of the bid SECTION III That the City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein SECTION_ IV 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 SECTION V approval AJ PASSED AND APPROVED this the day of 1998 That this ordinance shall become effective immediately upon its passage and JACI LLER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HER13ERT L PROUTY, CITY ATTORNEY . �. 2208 CONTRACT ORDINANCE CONTRACT AGREEMENT 1998 JUL 23 ;1 9 17 STATE OF TEXAS COUNTY OF DENTON THIS AGREEMENT, made and entered into this 2 day of JUNE A.D., 1998, by and between CITY OF DENTON of the County of DENTON and State of Texas, acting through TED BENAVIDES [hereunto duly authorized so to do, hereinafter termed "OWNER," and DRS CONSTRUCTION INC. P.O. BOX 70 ARTHUR CITY, TX 75411 of the City of SHERMAN County of LAMAR 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 # 2208 - CHAIN LINK FENCE in the amount of $ 69,966.29 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 Bidders, and the Performance and Payment Bonds, all attached hereto, and in CA - 1 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 CDBG DEPARTMENT all of which are made a part hereof and collectively evidence and constitute the entire contract Independent Status It is mutually understood and agreed by and between City and Contractor that Contractor is an independent contractor and shall not be deemed to be or 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 Indemnification 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 clamrs 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 continence 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 pries 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 APPROVED AS TO FORM L4 mgt CITY ATTORNEY CA-3 CITY OF DENTON OWNERBY �. +(.! R S C-Fl.l� S/ 0V c�i nw 1 f wl C. CONTRACTOR D Box 7D AriZur MAILING ADDRESS iD 3 732 ?k fs PHONE NUMBER FA NU BY ./ .. P (SEAL) 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 determine in advance of Bid submission the availability of insurance certificates and endorsements as prescribed and provided herein If an apparent low bidder fads 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: Without 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 minimum insurance coverage as indicated hereinafter As soon as practicable after notification of bid award, Contractor shall file with the Purchasing Department satisfactory certificates of insurance, containing the bid number and title of the project Contractor may, upon written request to the Purchasing Department, ask for clarification of any insurance requirements at any time, however, Contractors are 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 he 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 requirements shall comply with the following general specifications, and shall be maintained in compliance with these general specifications throughout the duration of the Contract, or longer, if so noted Each policy shall be issued by a 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 insurer shall reduce or eliminate such deductibles or self -insured retentions wrath respect to the City, its officials, agents, employees and volunteers, or, the contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses Liability policies shall be endorsed to provide the following Name as additional insured the City of Denton, its Officials, Agents, Employees and volunteers That such insurance is primary to any other insurance available to the additional insured with respect to claims covered under the policy and that this insurance applies separately to each insured against whom claim is made or suit is brought The inclusion of more than one insured shall not operate to increase the insurer's limit of liability All policies shall be endorsed to provide thirty(30) days prior written notice of cancellation, non -renewal or reduction in coverage Should any of the required insurance be provided under a claims -made form, Contractor shall maintain 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 nse to claims made after expiration of the contract shall be covered Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit providing for claims investigation or legal defense costs to be included in 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 during the contract term, requests for payments originating after such lapse shall not be processed until the City receives satisfactory evidence of reinstated coverage as required by this 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 Cl -2 SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: All insurance policies proposed or obtained in satisfaction of this Contract shall additionally comply with the following marked specifications, and shall be maintained in compliance with these additional specifications throughout the duration of the Contract, or longer, if so noted [ X] A General Liability Insurance: General Liability insurance with combined single limits of not less than L Million ($1,000,000) shall be provided and maintained by the contractor The policy shall be written on an occurrence basis either in a single policy or in a combination of underlying and umbrella or excess policies If the Commercial General Liability form (ISO Form CG 0001 current edition) is used Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual liability covering this contract and broad form property damage coverage Coverage B shall include personal injury Coverage C, medical payments, is not required 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 Liability for premises, operations, products and completed operations, independent contractors and property damage resulting from explosion, collapse or underground (XCLI) exposures Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability Cl -3 [X] Automobile Liability Insurance Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than $1 Million ($1,000,000)) either in a single policy or in a combination of basic and umbrella or excess policies The policy will include bodily injury and property damage liability arising out of the operation, maintenance and use of all automobiles and mobile equipment used in conjunction with this contract Satisfaction of the above requirement shall be in the form of a policy endorsement for any auto, or all owned, hired and non -owned autos [X ] Workers Compensation Insurance Contractor shall purchase and maintain Worker's Compensation insurance which, in addition to meeting the minimum statutory requirements for issuance of such insurance, has Employer's Liability limits 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 "Additional Insured" but the insurer shall agree to waive all rights of subrogation against the City, 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 provisions of Attachment 1 in accordance with §406 096 of the Texas Labor Code and rule 28TAC 110 110 of the Texas Worker's Compensation Commission (TWCC) [ ] Owner's and Contractor's Protective Liability Insurance The Contractor shall obtain, pay for and maintain at all times during the prosecution of the work under this contract, an Owner's and Contractor's Protective Liability insurance policy naming the City as insured for property damage and bodily injury which may arise in the prosecution of the work or contractor's operations under this contract Coverage shall be on an "occurrence" basis, and the policy shall be issued by the same insurance company that carries the contractor's liability insurance Policy limits will be at least Cl -4 combined 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 budding Limits of not less than each occurrence are required [ ] Professional Liability Insurance Professional liability insurance with limits not less than per claim with respect to negligent acts, errors or omissions in connection with professional services is required under this Agreement [ ] Builders' Risk Insurance Builders' Risk Insurance, on an All -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 is required for a specific contract, that requirement will be described in the "Specific Conditions" of the contract specifications ATTACHMENT1 [X ] Worker's Compensation Coverage for Building or Construction Projects for Governmental Entities CI -5 A Definitions Certificate of coverage ("certificate") -A copy of a certificate of insurance, 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 insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity Persons providing services on the project ("subcontractor" in §406 096) - includes all persons or entities performing 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 limitation, 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 as 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 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 Cl -6 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, pnor 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 mad 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 Commission, 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 The contractor shall contractually require each person with whom it 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) Cl - 7 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, prior to the end of the coverage period, 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 provide to the contractor (a) a certificate of coverage, prior to the other person beginning work on the project, and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project, (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter, (6) notify the governmental entity in writing by certified mad 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 (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 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 C*II-: 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 and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the commission's Division of Self -Insurance Regulation Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, cavil 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 Cl - 9 WORK DAYS 30 BID NO 2208 BID TABULATION SHEET ITEM DESCRIPTION QUANTITY I UNIT I UNIT PRICE TOTAL 1 Mobilization 1 LS $ 00 ao $260 o Unit Price in Words // A/ !J P 115 2 Chain Link Fence 5159 LF I $A aXW I$ Unit Price in Words , r ce J e a�� 4 u %�•� Qr< G.rEs 3 20-ft Gate 1 LS $ oa 0.y $/ oa a/ Unit Price in Words / n 7lio Y/ / C s $ Is Unit Price in Words $ $ Unit Price in Words $ $ Unit Price in Words $ $ Unit Price in Words $ $ Unit Price in Words $ $ Unit Price in Words $ $ Unit Price in Words $ $ Unit Price in Words P-3 BID SUMMARY In the event of the award of a contract to the undersigned, the undersigned will furnish a performance bond and a payment bond for the full amount of the contract, to secure proper compliance with the terms and provisions of the contract, to insure and guarantee the work until final completion and acceptance, and to guarantee payment for all lawful claims for labor performed and materials furnished in the fulfillment of the contract It is understood that the work proposed to be done shall be accepted, when fully completed and finished in accordance with the plans and specifications, to the satisfaction of the Engineer The undersigned certifies that the bid prices contained in this proposal have been carefully checked and are submitted as correct and final Unit and lump -sum prices as shown for each item listed in this proposal, shall control over extensions Q 0 .90k 7n Street Address Ar-Aur L-L, LiA Ls - City and State Seal & Authorization (If a Corporation) Telephone F-W FROM WHITAKER INSURANCE PHONE NO . 903 785 9721 Philip H Whitaker 3025 Lamar Avenue Paris, TX 75460 D� D.R.S. Construction tnc PO Box 71 Arthur City, Tx 75411 �� rwaoraruaa"a aweaµuawn Ai' M© a m"a ummm AWMft ,uaa"eowroa aowouaoauma HMAUM MNMWW uwawwn AWAM wanauAsmw 630400 ... 69085661 Rm l ArRW12021601 City of Denton, Addl insured aouarwv n� T awVa"v C croo."n 0 02-07-98 1 02-07099 Jul 02 1998 08 55AM P1 ACORD 25-S (3/93) Is Dom" rawwaLw % wa =L C aRouw, W W n AMA oaaoaaw Raypq r OUNVU® novae 7xa City of Denton, MMMI a" em r"mmort 1w Imm Qwm ww 00906a .o aaa. els, ag@nts. employees,30� "R�ra wnamr its ton, officiH "ono" to.R" msRana t "aoaa wWm m ix" un. wr "A AM TO a IN" arm w osumm" as UMAM and ears. or 901E Tmas Street Mulo-wnes 39 powmauvr4l THE STATE OF TEXAS COUNTY OF DENTON i{ivOvJ ALL ivirdv BY 1tiEJE YtCrJE1V1S That DRS Construction Inq.whose address is P.O. Box 70 Arthur City, TX 75441 hereinafter called Principal, and Bankers Insurance company a corporation organized and existing under the laws of the State of I i 1 i nni a , and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a municipal corporation organized and existing under the laws of}, the State of T xas hereinafter called Owner, in the penal sum of xtyy 53XeDoIQarananci��/cen sed DOLLARS($69,966 29 )plus 10percent ofthe stated penal sum as an additional sum of money representing additional court expenses, attorneys' fees, and hgnidated damages ansing out of or connected with the below identified Contract, in lawful money of the United States, to be paid in Denton County, Texas, for the payment of which sum well and truly to be made, we hereby bind ourselves, our hens, executors, administrators, 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 which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement which reduces the Contract price decrease the penal sum of this Bond THE OBLIGATION TO PAY SAME is conditioned as follows Whereas, the Principal entered into a certain Contract, identified by Ordinance Number 2208 with the City of Denton, the Owner, dated the end day of June A D 19 98 , a copy of which is hereto attached and made a part hereof, for Bid # 2208 Chain Link Fence NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill all of the undertakings, covenants, terms, conditions and agreements of said Contract in accordance with the Plans, Specifications and Contract Documents during the original term thereof and any extension thereof which may be granted by the Owner, with or without notice to the Surety, and during the life of any guaranty or warranty required under this Contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby waived, and, if the Principal shall repair and/or replace all defects due to faulty materials and workmanship that appear within a period of one (1) year from the date of final completion and final acceptance of the Work by the Owner, and, if the Principal shall fully indemnify and save harmless the Owner from all costs and damages which Owner may suffer by reason of failure to so perform herein and shall fully reimburse and repay Owner all outlay and expense which the Owner may mcur in making good any default or deficiency, then this obligation shall be void, otherwise, it shall remain in full force and effect PROVIDED FURTHER, that if any legal action be filed upon this Bond, exclusive venue shall lie in Denton County, State of Texas PERFORMANCE BOND - Page 1 AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc , accompanying the same, shall in anywise affect its obligation on tlus 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, or to the Plans, Specifications, Drawings, etc This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, as amended, and any other applicable statutes of the State of Texas The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Rockwall County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretystup, as provided by Article 7 19-1 of the Insurance Code, Verrion's Annotated Civil Statutes of the State of Texas IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of wluch shall be deemed an original, this the end day of June , 19 98 ATTEST 'tA I' ,:rra v► ►.,..11,. ��.,BY ATTEST SURETY \ B ATTORNEY-IN-FAC Richard, W Daiker The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the processis NAME Keystone Southwest Insurance Agencies STREET ADDRESS P.O. Box 1747 Rockwall, Tx 75087 (NOTE Date of Performance Bond must be date of Contract If Resident Agent is not a corporation, give a person's name ) [Revised, 2/971 R,\PORMR\PXMRM BON BOND - Page 2 THE STATE OF TEXAS COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS ThatDRS Construction, Inc, whose address 1s F.O. Box 70 Arthur City, Tx 75411 hereinafter called Principal, and Bankers Insurance Company a corporation organized and existing under the laws of the State of Illinois , and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, and unto all persons, firms, and corporations who may furnish materials for, or perform la or u o bu,ldin�or improvements hereinafter referred to, in the penal sum of � X � xeDo�4a snan��1�/clen@Sed DOLLARS (%2,j§6.29 ) in lawful money of the United States, to be paid in Denton County, Texas, for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, 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 increases the Contract price, but in no event shall a Change Order or Supplemental Agreement winch reduces the Contract price decrease the penal sum of this Bond THE OBLIGATION TO PAY SAME is conditioned as follows Whereas, the Principal entered into a certain Contract, identified by Ordinance Number 2208 , with the City of Denton, the Owner, dated the end day of June A D 19 88 , a copy of which is hereto attached and made a part hereof, for Bid 2208 Chain Link Fence NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties and make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying labor and/or material in the prosecution of the Work provided for in said Contract and any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby expressly waived, then this obligation shall be void, otherwise it shall remain in full force and effect PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive venue shall lie in Denton County, Texas AND PROVIDED FURTHER, that the said Surety, for value received, hereby 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 to the Plans, Specifications, Drawings, etc, accompanying the same, shall in anywise 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, or to the Plans, Specifications, Drawings, etc PAYMENT BOND - Page 1 This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, as amended, and any other applicable statutes of the State of Texas The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent m Rockwall County to whom any requisite notices may be delivered and on whom service of process may be had in matters ansmg out of such suretyslup, as provided by Article 7 19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of which shall be deemed an original, this the 2nd day of June 19 98 ATTEST ATTEST PRINCIPAL DRS Construction, Inc SURETY Bankers Insurance Company BY ATTORNEY -IN -FACT Ricahrd W Daiker The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is NAM Keystone Southwest Insurance Agencies STREET ADDRESS P 0 Box 1747, Rockwall, Tx 75087 (NOTE Date of Payment Bond must be date of Contract If Resident Agent is not a corporation, give a person's name ) PAYMENT BOND - Page 2 -Power of Attorney 33-73338 KNOW ALL MEN BY THESE PRESENTS That Bankers Insurance Company, a corporation created by and existing under the la vs or the State of Florida having its principal office in the City of St Petersburg, Pinellas County, State of Florida does hereby nominate, constitute and appoint Richard W Daiker, James F Mayfield, James W Leel er, rred C Smith Luke R Krawietz, and/or Bobbi L Hulsey of the City of Rockwall Rockwall County State of Texas __ each its true a.iI lawful Attorney in Fact, with full power and authority conferred upon him to sign execute acknowledge and deliver for and an its hehall as Surety as its act and deed any bond, undertaking consent or agreement not exceeding Two Million and XXI100 Dollars ($7 000,000 00) which this Company may be authorized to w,ttn The Bankers Insurance Company further certifies that the following is a true and correct copy of Article IV Section 6 of the By La; s duly adopted and now in force, to wit SECTION 6 PRESIDENT The President shill in the absence or disability of ihL Chairman preside over all meetings of the Directors and Shareholders and shall have general supervision of t`o af`eirs of the Corporation shall sign or counte.sign certificates contracts and other instruments of the Corporation as authorized by the Board of Directors shall make reports to the Board of Directors and Stockholders, and shall perform all such other duties as are incident to his office or are properly required of him by the Board of Directors C1 WI Fi ESS V HEREOF the Bankers Insurance Company has czesed these presems to be signed by its President and,its Cdrpor, m & I to be affixed by its Secretary this 17th day of May , 19 94 ATTEST 6 ris,in Delano, Secretary BANKERS S RANCE COMP David eehan, Pr st en This Power of Attorney is signed and sealed by facsin le under and by the authority of the following Resolution adopted by the Board of Directors of the Bankers Insurance Company at its monthly meeting held in August 1961 RESOLVED that the signatures of such Officers and the Seal of the Corporation may he affixed to any such Power of Attorney or any certified copy thereof or any certification relating thereto by facsimile and any such Power of Attorney or any certified copf thereof or any certification relating thereto bearing such facsimile signatures or facsimile seal shall be valid and bir4mg upon the Corporation in the future with respect to an/ bonds undertakings recognizance or contracts of indemnity to which it is attached STATE OF FLORIDA 1 I SS COUNTY OF PINELLAS 1 BEFORE ME, the und-rsigned authority, personally appeared DAVID K MEEHAN and G KRISTIN DELANO who acknowledged theniseh,es to be the President and Secretary of Bankers Insurance Company, a Florida corporation, and they as such President and Secretary being authorized to do so executed the foregoing instrument for the purposes therein contained by signing the name of the corporation by themselves as President and Secretary, and that said secretary affixed thereto the seal of the corporation and attested to the execution of the foregoing instrument IN WITNESS WHEREOF, I hereunto set my hand and seal this 17th day of May , 19 94 &,Y,0,�I0, to g so & °OFFICIAL SEAL" My Commission ExpiresAhames 11X :ya4E COnttn on tes2J1J97 Notary ublic Caro n Thames Canrnisston #C 256465 I, the undersigned Secretary of Bankers Insurance Company, do hereby certify that the original Power of Attorney, of which the foregoing is a full, true and correct copy, is in full force and effect IN WITNESS WHEREOF, I have hereunto subscribed my name as Secretar and affix the corporate seal of the Corporation this 2�d— day of June 19 98 !i (SEAL) Kristin Delano Secretary