HomeMy WebLinkAbout2004-017ORDINANCE NOADD (—d 117
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS
CONTRACT FOR THE CONSTRUCTION OF AUSTIN STREET SEWER IMPROVEMENTS;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN
EFFECTIVE DATE (BID 3116-AUSTIN STREET SEWER IMPROVEMENTS AWARDED TO
FRIENDSHIP CONSTRUCTION, INC. IN THE AMOUNT OF $180,991).
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 1. That the following competitive bids for the construction of public works or
improvements, as described in the "Bid Invitations", "Bid Proposals" orplans 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
3116 Friendship Construction, Inc. $180,991
SECTION 2. That the acceptance and approval of the above competitive bids shall not
constitute a contract between the City and the person submitting the bid for construction of such
public works or improvements herein accepted and approved, until such person shall comply with all
requirements specified in the Notice to Bidders including the timely execution of a written contract
and furnishing of performance and payment bonds, and insurance certificate after notification of the
award of the bid.
SECTION 3. 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 4. 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 5. That this ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the mk day of 2004.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITYtATT(
BY:
3-ORD- Bid 3116
CONTRACT AGE
STATE OF TEXAS
COUNTY OF DENTON §
THIS AGREEMENT, made and entered into this ..7Qh day of Isimlary
A.D., 2004, by and between rity ofDentm
of the County of nrlltan and State of Texas, acting through Mirh>,nl A rnnduff
thereunto duly authorized so to do, hereinafter termed "OWNER," and
FrianAahin rnnafnlrtinn Tne 97n W 1971 Fntt QJnrrh TX 7f.1 �fi
of the City of npnrnn , County of
and State of Texas , hereinafter termed "CONTRACTOR:"
WITNESSETH: That for and in consideration of the payments and agreements
hereinafter mentioned, to be made and performedby 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:
RiA 911h _Austin Ctrrrt Caa� j pvrmmlt" in the amonw of. $Ignoginn andall 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
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:
all of which are made a part hereof and collectively evidence and constitute the entire contract.
CA - 1
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 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 Demon 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 is 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 WMESS WHEREOF, the parties of these presents Have executed this agreement
in the year and day first above written.
01111W I WIN
APPROVED AS TO FORM:
CITY Awomtf
CA-3
CONTRACTOR
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MAUlNO ADDRESS
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PHONE NUMMER
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FAX NUMBER
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TITLE
Li'a (am, Z.
PRUMD NAME
(SEAL)
M
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 avai/abft of insurance' cw4ftecaes and endorsements as
prescribed and provided :herein. If an apparent low bidder fails to comply strictly with the
insurance requirements, that bidder may be disquak4ed from: award of the contract. Upon
bid award, all insurance requirements shall become eon&ndual obligations which the
successful bidder shall have a duty to maintain throughout the coarse 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 hereingjter.
As soon as practicable after notification of bid award, Contractor shall fete 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 clariftcation 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 modifted or waived after bid opening unless a written exception has been submitted with the
bid. Contractor shall not commence any work or deliver may material until he or she
receives nott; ftcatton 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 maimithaed in compliance with these
general specifications throughout the duration of the IContract; or longer, if so noted:
• Each policy shall be issued by a company authorized to do business is the State of
Texas with an A.M. Best Company rating of at least A.
Any deductibles or self -issued 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 with 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 vohmteers.
of 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 READ:
• "SAID POLICY SHALL NOT BE CANCELLED, NONRENEWED OR
MATERIALLY CHANGE WITHOUT 30 DAYS ADVANCED WRITTEN
NOTICE BEING GIVEN TO THE OWNER (CITY) EXCEPT WHEN THE
POLICY IS BEING CANCELLED FOR NONPAYMENT OF PREMIUM IN
WHICH CASE I0 DAYS ADVANCE WRnMNOTICE IS REQUIRED-%
• 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 ammal 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.
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 I A. General Liability Insurance:
General Liability insurance with combined single limits of not less than
$t,non -fm •hall 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 properly damage coverage.
• Coverage B shall include personal injury.
• Coverage C, medical payments, is not requited.
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 Froperty Damage Liability for premises, operations,
products and completed operations, independent contractors and property
damage resulting from explosion, - collapse or underground (XCi)
exposures.
Broad form contractual liability (preferably by endorsement) covering this
contract, personal injury .liability and broad form property damage
liability.
[x 1 Automobile Liability Insurance:
Contractor shall provide Commercial AutomobileLiability insurance with Combined
Single Limits (CSL) of not less than $5110,000 either in a single policy or in a
combination of basic and umbrella or excess policies. The policy will include bodily
mjury 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 con -owned autos.
[x j 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 NamedInsured. ' For building or construction
projects, the Contractor shallcbmply 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 Worance
The Contractor shall obtain, pay for and maiotsin.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 "ocourrence" basia,.and the policy shall be issued by
the same insurance company that carries the Contrector's liability insurance. Policy
limits will be at least combined bodily 'Wary and property damage per
occurrence with a aggregate.
[ I 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 less than each occarrence. are required.
[ ] Professional Liability Insurance
Professional liability msm %= with limits to less than per claim with
respect to negligent acts, errors or omissions in connection with professional services is
required under this Agreement.
[ I 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.
[I 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.
A1TACffitUM 1
[ x] Worker's Compensation Coverage for Building or Construction Projects for
Governmental Entities
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'peuson'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 ("fir" 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, ipdVeffient.comractors, 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, Suction 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 covera8e. 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 extensionof 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 bi writing by certified mail or
personal delivery, within 10 days after the contractor. knew or should have known,
of any change that materially afixts the provision of coverage of any person
providing services on the project.
H. The contractor shall post on each project site a maiee, 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.
I. 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 sm+.coverap agreements, which meets the
statutory requirements of Texas Labor Code,::Secxion 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.per8cm 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 mail 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
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 elasaification codes and payroll
amounts, and that all coverage agreements will be filed with the appropriate
insurance carrier or, in the can 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, 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.
Project Name
Austin Street Sewer Improvements
Base Bid
BIG TABULATION SHEET
Work Days 90
Bid No. 3116
P.O. No.
item
Descrl floe I
Quantity
Unit I
UnkPriea I
Total
2.12D
10" PVC SDR33 Sewer
2050
LF
4)0/ LF
S iG ado-
UnitPrice In Words
2.12C
8" PVC SDk35 Sawer
284
LF
LF
S70 " Z2
Unit Price In Words- -
WS 18
4" Servioo
67
EA
SJ Q0 - 'c�o/ BA
FS
Unit Price In Words
WS16
6" Service
20 1
EA
S09�C-V' /SPA
Unit Prim In Words
WS27
Remove Manhole
- I
PA
S S� HA
$Z747.
S -vC
Unit Price in Words
W$30
Break into Exist Manhole
1
.EA
3sva�c /EA
S'S�pO�o
Unit Prim In Words
p o
8.2-A Concrete Curb & Butter - 50 LF O Jam/ LF 5� �
Unit Prim In Words
7.6 Concreta Mdnlwle
4
1 EA
S/ 922
Unit Prim In Words
3-B
Demolish & Remove Curb Boner
50
LF'
/ LF
S
Unit Price In Words
WS26
Abandon Manhole
3
1 EP,
.300,09sA
Unit Price In Words
SF37
.Excavation Protection
2334
LF
Unit Prim In Words
SP43
As halt Sawcut
2800
1 LF
Is / LF
S a7�Cg'
Unit Price In Words - -
SP2
ConceteSawcut
268
LF,
S •OC) /LF
S�lvt�7.0
Unit Prim in Words
3-C
Demolish & Remove Sidewslk k DDriveways
99
SY
M - 0 O / SY
SM'�%r is
Unit Prim In Words
00
y
Es
Project Name
Austin Street Sewer Improvements
Base Bid
810 TABULATION SHEET
Work Days 90
Bid No. 3116
P.O. No.
Ite
Description
t
Price
o
8.3A ,ConstructCoaaeteSidewalk
27 SY.
I
S u% ."
S
Unit Price In Words
7.6
Extra Depth Concrete Manhole
12.5
VF
$ 4��-
SAP 7s-
Unit Price In Words
7.6
Construct DM Manhole
1 1/2.
EA;
$ PM,
Unit Price In Words
83
Construct Concrete Drivgmy
72.
SY
$</-6- OD / SY
S .27
Unit Price In Words
3.10.04
13roadcast, Seeding
1200
1 SY
S
Unit Ptice In Words
3.9
Block Sod
12o
SY
's 9C• cw / SY
$ %•ZO- O
Unit Price In Words
8.1
Barricade, Warning Signs etc.
1
LS
a
S LS
$ .3acJ�a-
Unit Price In words
3.1
�Prqxuxtiou of Rigm of Way
1
LS .
s ���vo Ls
S -��• o�
Unit Price In Words
1.21
Contractors Warranties & Understandings
l
LS.
.S 7/,Ls
ss/000- G
Unit Price in Words
3.12 ITernporary
Erosion Control
I
LS
v LS
Sidca `�
Unit Price In Words
SP-39
Project Signs
2
EA.
Unit Price In Words
TOTAL BASE BID $
'r+7
P-4
TOTAL BASE BID
031��Y 1 :
4
In the event of the award of a contract to the undersigaod; the undersigned will fiunish a
performance bond and a payment bond for the full. amotml: W the contract, to secure proper
compliance with the terms and provisions of the contract, to ivaure and guarantee the work until
final completion and acceptance, and to guarantee peytaM' for all lawful claims for labor
performed and materials furnished in the fulfillment of the cmittact.
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 comtained 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.
Receipt is hereby acknowledged of the following addenda to the plans and specifications:
Addendum No. 1 dated
Received
Addendum No. 2 dated
Received
Addendum No. 3 dated
Received.
Addendum No. 4 dated
Received
Addendum No. 5 dated
Received
H- Wamwaw Pr*=XAuedn Street SWMSpaeiaedWWAPROPOSAL.doe
P-5
CONTRACTOR
By
street �jadnwss
I �ec
City and StMe
Seal & Authorization
(If a Corporation)
Telephone
H:%Wwtmter PmjemXAukh Sam cwa%SwzftwmXPROPOSAL.dw
:P-6
PERFORMANCE BOND Bond # 4343202
STATE OF TEXAS
COUNTY ORDENTON §
KNOW ALL MEN BY THESE PRESENTS: That Primishin ronstnmtinn inr ✓
whose address ' einafter called Principal, and
Suretec Insurance Company a corporation organized and
existing under the laws of the State of Texas and hilly 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, in the penal sum of
DOLLARS and NO Cents plus ten percent of the stated penal sum as an
additional sum of money representing additional court expenses, attorneys' fees, and liquidated
damages arising'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 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 which increases the
Contract price, but in no event shall a Change Order or Supplemental Agreement which
reduces the Contract price decrease the penal am of this Bond.
THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the
Principal entered into a certain Contract, identified by Ordinance Number 2004--01 7
with the Ci�of Denton, the Owner, dated the 2Mh day of Iaminry
A.D. _2004—, a copy of which is heretoed and made a part hereof, for
Rid 41,E _ Anatin .StreetReiner imprnvementa
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
incur in making good any default or deficiency, then this obligation shall be void; otherwise, it
shall remain in full force and effect.
PB - 1
PROVIDED FURTHER, that if any legal action be filed upon this Bond, exclusive
venue shall he in Denton County, State of 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 to.be performed thereunder, or to the Plans, Specifications,
Drawings, etc., accompanying .the same, shall in anywise atlbct 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.
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 Denton County to whom any requisite notices may be delivered and on
whom service of process maybe had in matters arising out of such suretyship, 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 iustrument'is executed is 4 copies, each one of
which shall be deemed an original, this the 24th day of February, 2004 -7�
ATTEST: PRINCIPAL;
Friendship Construction, Inc.
BY:
PRESIDENT
Suretee6Insurance
.�Company Imo/
ATTORNEY -IN -FACT Debi MobW—�
The Resident Agent of the Surety in Denton County, Texas :for delivery of notice and service
of the process is:
NAME: Steven L. Thomas Agency, Inc.
STREET ADDRESS: 5201 S. Colony Blvd., #545, The Colony, TX 75067
(NOTE: Date of Performance Bond must he date of Contract.: If Resident Agent is not a
corporation, give a person Is name.)
PB-2
3to
PAYMENT BOND Bond # 4343202
STATE OF TEXAS
COUNTY OF DENTON
KNOW ALL MEN BY THESE PRESENTS: That Edennsh= ronstrnrtinn, Inc
whose address JR C17n TM 2R71 Fort Mhwffi TY 76M, hereinafter called Principal, and
Suretec Insurance Company , corporation organized and existing under the laws of the State of
Texas , and ftdly.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 labor upon, the building or
improvements hereinafter referred to, in the penal sum
Nine HnnnrM Ninety One Doll" and hifl Centg� E r9Q'got ) m 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, fnmly 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 2o( -017
with the City of Denton, the Owner, dated the 201h day of Jamnary A.D.2004 a
copy of which is hereto attached and made a part.hereof; for Ain 41 t6 _ Anstin ctr&-t Rrwt-r
nvemPnts ✓
NOW, THEREFORE, if the Principal shall well, truly and faithfiiliy perform its duties
and make prompt payment to all persona, funs, 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.expressiy waived, then this obligation
shall be void; otherwise it shall remain in full force and effort:
PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive venue
shall lie in Denton County, Texas.
f�l
PROVIDED FURTHER, that if any legal action be filed upon this Bond, exclusive
venue shall he in Denton County, State of 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 to be 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.
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 Denton County to whom any ,requisite notices may be delivered and on
whom service of process may had in matters arising out of such suretyship, 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 pies, each one of
which shall be deemed an original, this the 24ay of February, 200a
ATTEST:
PRINCIPAL
Friendshi/p,Construction, Inc. f
BY:
PRESIDENT
A SURETY /
Sureteclnsurance Companyy
BY;
ATTORNEY -IN -FACT Debi Mo
The Resident Agent of the Surety in Denton County, Texas :for delivery of notice and service
of the process is:
NAME: ' Steven L. Thomas Agency, Inc.
STREET ADDRESS: 5201 S. Colony Blvd., #545, The Colony, TX 75067
(NOTE. Date of Performance Bond must be date of Contract. If Resident Agent is not a
corporation, give a persons name.)
PB-2
5
i l
SureTec
GENERAL POWER OF ATTORNEY
Know All Men by These Presents, That SURETEC INSURANCE COMPANY the "Company"), a corporation duly organized and
existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents
make, constitute and appoint / �/
Debi Moon,-M"an Robinson, Steven Thomas, Kelly Clark
of The Colony, Texas its true and lawful Attorney(s)-in-fact, with full power and authority hereby conferred in its name, place and
stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of
suretyship to include waivers to the conditions of 501hracts and consents of surety, providing the bond penalty does not exceed
Five Million Dollars and no/100 ($5,000,000.00)tfnd to bind the Company thereby as fully and to the same extent as if such bonds
were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and
confirming all that the said Attomey(s)-in-Fact may do in the premises. Said appointment is made under and by authority of the
following resolutions of the Board of Directors of the SureTec Insurance Company:
Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or. any Assistant
Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as
Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions:
Attorney -in -Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute,
acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or
obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder,
and any such instruments so executed by any such Attomey-in-Fact shall be binding upon the Company as if signed by the
President and sealed and effected by the Corporate Secretary.
Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any
power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile
signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it
is attached. (Adopted at a meeting held on 20" of April, 1999.)
In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its
corporate seal to be hereto affixed this 11 th day of June, A.D. 2002.
Corporate Seal
State of Texas
County of Harris
rD
SURETEC INSURANCE COMPANY
By —37
Joh ox, Jr.,
President
On this 1 Ith day of June A.D. 2002 before me personally came John Knox, Jr., to me known, who, being by me duly sworn, did
depose and say, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company
described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument
is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto
by like order.
DONNA U. 18AQEZ-
NrPax.ran.s
Notary Seal w De mft onna U. Ibanez, Notary'c
My commission expires June 11, 2006
I, Michael P. Whisenant, Vice President and Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the
above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and
effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect.
In Witness Whereof, I have hereunto set my hand and affixed the seal of said Company at Houston, Texas this 2 4 th day of
February, 200 __, A.D. mod!~" �� ✓/ ! tI'�N�.M1.
Fi. 9
Corporate Seal Michael P. Whisenant,
51a
Vice President, Assistant Secretary
03/08/2004 13:59 FAX BRADLEY INSURANCE Im001/002
ACORDn CERTIFICATE OF LIA
PRODUCER (817)332-8288
Bradley Insurance Agency
JAY LAFAVER
1415 Summit Avenue
YINSURANCE i DATE
3/8/2004
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
Fort Worth, TX 76102
INSURED FRIENDSHIP CONSTRUCTION, INC.
INSURERA:AMERICAN
MERCURY INSURANCE CO.
970 FM 2871
,,,,�
/( TL;
INSURERR:UNITRIN
INSURANCE COMPANY
v t V
INSURER c:CENTURY
SURETY INSURANCE COMPANY
FORT WORTH, TX 76126
7�1
INSURER D:
817 560-2722 Ext.
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THETERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
NSA
TYPE OF INSUfl E
POLICY NUMBER
POLICY EFFECTIVE
POLICY EXPIRATION
LIMBS
GENERAL LIABILITY
EA OCCURRENCE
$1,000,000
A
X COMMERCIALGENERALLIASILITY
CLAIMS MADE OCCUR,MED
JBD)
'03108/2004
03/08/200
FIRE DAMAGE (Any oneHre)
650,000
EXP (Any one person)
$ 5, 000
PERSONAL& ADV INJURY
$1,000, 000
GENERAL AGGREGATE
62,000,000
GEN'L AGGREGATE LIMIT APPLIES PER:
PROOUCTS-COMP/OPAGG
$2,000,000
X POLICYPRO- LOC
AUTOMOBILE
UASHTTY
ANY AUTO
C 7835405
07/24/2003
07/24/200
BINEDSINGLE LIMIT
Ea eo1d.
$600,000�� .
(DP..)ILY URV
$
B
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS/
NON -OWNED AUTOS �
X
X
BODILYINJURY
(Pe,---Men1)
$
X
PROPERTY DAMAGE
(Par eacide n)
$
GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT
$
OTHER THAN EA ACC
AUTOONLY: AGO
$
ANY AUTO
$
EXCESSLIABILRY
OCCUR CLAIMS MADE
EACH OCCURRENCE
Is
AGGREGATE
$
$
$
DEDUCTIBLE
$
RETENTION $
WORKERS COMPENSATION AND
EMPLOYERV LIABILITY
WC STATU- O7H-
S R
EL EACH ACCIDENT
$
EL DISEASE - EA EMPLOYEE
$
EL DISEASE -POLICY LIMIT
6
C
OTHER
EQUIPMENT FLOATER
CCP284173
06/16/2003
05/18/2004
LIMIT DF LIABILITY 78,000
DESCRIPTION OF OPERATIONWLOCATION&VEHICLEWUCLUSIONS ADDED BY ENOORSEMENTISPECIAL PROVISIONS
CITY OF DENTON, ITS OFFICIALS, AGENTS, EMPLOYEES AND VOLUNTEERS ARE SHOWN AS ADDITIONAst INcnacn ON LIABILITY POLICY. POLICY
'SHALL NOT BE CANCELLED, HONRENEWED OR MATERIALLY CHANGED WITHOUT 30 DAYS ADVANCED WRITTEN NOTICE EXCEPT WHEN THE POICY IS BEING
CANCELLED FOR NONPAYMENT OF PREMIUM IN WHICH CASE 10 DAYS ADVANCE WRITTEN NOTICE IS REQUIREDr�
AUDI AL INSURE&, INSURER LETTER: IiANGtLLATION
CITY OF DENTON SHOULD ANY OF THE ABOVE DESCRISEO POLICIES BE CANCELLED BEFORETHEE^XPIRATION
PURCHASING DEPARTMENT DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 . —DAYS WRITrEN
901-B TEXAS STREET NOTICE TO THE CERTIFICAT HOLDERN DT THE LEFT, BUTF 0DO SO SHALL
DENTON TX 76209- I!IP NO Oe ATION OR LIABILI OF KIND UPON THE DRE AGENTS OR
,ejEPRES VES.
FAX: 940-349-7302 AUTHORIZ P
I ATTN: JULIA o
1988
03/08/2004 13:59 FAX BRADLEY INSURANCE 4 002/002
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
(7/97)
FROM
FAX NO. :8175608513 Mar. 15 2004 04:41PM P1
MR-15—M(MON) 16:43 AMS (FAXi9724040?80 K W1
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INSURWUP AFFORDING COVERAGE
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970 Fm3291 CON3TRt7CII0E 1C''_ KIURCRR
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(017) 5CO-2722 Faa; 1917) 550-95/3 '3�\ ►BURCR O:
TW POLICIES OF INSURANCE LISTED S66OW NAVE EEEN NISUEO TO THE INauREO NAMED AOCVE FOR YH% POLIOY PUPWOO IMPMATM NOTw WTANDINO
ANY PEAu1aSN , TERM OR CCNOIT'ION OF ANY CONTRACT OR OTHER COODMSNTWIOIT�SSPEGT 70 WI{IOMMS CERTIFICATE MAY SEISSUEO OR
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