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Home My WebLink About2001-360ORDINANCE NO 6-M9-J p AN ORD ANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRA T FOR THE INSTALLATION OF A WALKING TRACK SURFACE AT THE CIVIC CENTER,I PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING FOR AN EFFECTIVE DATE (BID 2720 — NEW WALKING TRACK SURFACE CITY OF IDENTON CIVIC CENTER, AWARDED TO PONDER COMPANY INC, IN THE AMOUNT OF $42,848) 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 S CTION 1 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 $ID NUMBER CONTRACTOR AMOUNT 2720 Ponder Company Inc $42,848 S CTION 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 woks 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 S CTION 3 That the City Manager is hereby authorized to execute all necessary written contracts of the performance of the construction of the public works or improvements in accordance with the ids 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 l o r? day of &Wem, 2001 2,4, A't- EULINE BROCK, MAYOR ATTEST JENNIFE'R WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CW' ATTORNEY M 2720 - CONTRArTUO ORDINANCE New Walking Track Surface Bid # 2720 CITY OF DENTON City of Denton Civic Center August 9, 2001 CONTRACT AGREEMENT STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT, made and entered into this 18th day of September A D , 2001, by and between City of Denton of the County of Denton and State of Texas, acting through Michael A Conduff thereunto duly authorized so to do, hereinafter termed "OWNER," and The Ponder Company 6825 Levelland Suite 3B Dallas TX 75252 of the City of Dallas , County of Dallas 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 #2720 New Walking Track Surface — City of Denton Civic Center in the amount of $42, 848 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 and the Performance and Payment Bonds, attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), and Instructions to Bidders, as referenced herein and on file in the office of the Purchasing Agent, 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 W R A Architects, Inc and City of Denton Staff all of which are referenced herein and made a part hereof and collectively evidence and constitute the entire contract CA-1 39 New Walking Track Surface Bid # 2720 CITY OF DENTON City of Denton Civic Center August 9, 2001 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 Denton County, Texas The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in written notice to commence work and complete all work within the time stated in the Proposal, subject to such extensions of time as are provided by the General and Special Conditions The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, winch forms a part of this contract, such payments to be subject to the General and Special Conditions of the Contract CA-2 40 New Walking Track Surface Bid # 2720 CITY OF DENTON City of Denton Civic Center August 9, 2001 IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above wntten �u A TEST XA OWNER BY (SEAL) ATTEST APPROVED AS TO FORM Ponder Corpany, Inc CONTRACTOR 6825 Levelland, #3B Dallas, Texas 75252 MAILING ADDRESS 972-248-9001 PHONE NUMBER 972-248-9002 FAX NUMBER BY Vice President TITLE Anadeo Perez Jr PRINTED NAME (SEAL) CITY ATTOIRNEY CA-3 41 Ntw Walking Track Surface Bid #2720 CITY OF DENTON , ,f Denton Civic Center August 9, 2001 NAME OF BIDDER Ponder Conpany, Inc DATE August 28, 2001 MS CHRISTY SKIRCHAK PURCHASING CITY OF DENTON 901-B TEXAS STREET DENTON, TX 76209 Dear Ms Skirchak The undersigned, in compliance with your advertisement for Bids for the New Wallung Track Surface — City of Denton Civic Center, having examined the Drawings and Specifications, together with the related documents and all conditions surrounding the work, and having visited the sites of the proposed work, hereby, proposes to furnish all work in every detail in accordance with the Contract Documents within the time set forth herein and at the prices stated below These pries shall coverall expenses incurred in performing the work under the Contract Documents, of which the Proposal is a part Attached herewith, please find (Bid Bond) in the amount of $ , five percent (5%) of the bid I (or we) acknowledge receipt of the following addenda ADDENDA #1 (Initial) ADDENDA #2 (Initial) ADDENDA #3 (Initial) 26 New W TYaok Surfuis Hid #2720 CITY OF DON7'Cri0 City at� C,VS; Center Ai*W % 2001 C j0 I RA�CT DOCUMENTS, Having exatainad the Proposal, General Instructions, Materials, Executions 1�rr**Iw Ald Conq'tat fqr (Bid 0 2720) and Conditions for the New Walking Track Surfaco — City of tfentm t ivisl 9000 t : 6 wotk, And having eltamined the promises and pirunus%nces affecting thm work, the undersigned df%c , ; t,r OFFER To furnish all labor, maWlal. Gaols, oquipstrent, transportation, bonds, all applicable tdotes, ifttl othef fa ol itidsi end to perform all work forthe said Neal Walking Track Surface ' City otDgntori Clvfb following lIaft The Bid Will be awarded based upon funds available to the City frorn the following options B 6E DID VMOUT ALTERNATIVES ALTERNATR No. I OC MUM- PER Sootloa 2, SE SECTI71 ON 101 A 1 IN WORDS S 01030, 1 04 IN WORDS g A. y " or Tt xty-thee ftm III TWD thamrd smen 6mm thick tzlo anted tswelw $33,212.00 A. y" or 6mm lttt� �' �� $2,795.00 tmm tzuo riint�fi�e $34,295.00 B 5/16" or Sam Sate as abbe stun C 34"OrstttyL� to ram �' smu ty $38, 773.00 „ of l C. Sate as ahxe Sale as 6. a orl 2 mm FIXtY UDIMr l three $40,053.Q0 W' or D2mm Sate as abom Sate as al c e ,.I ._- Imils ohock bolOX 1 l.11ldieate10al,prefetywo A bidder must request local preference considersoft by a s„a box bdo1v TUCity VAR determine per State Law'thm bidder's qualdiicstrons as a local business ,By mark below, the bidder door not request the 3% local legislation preference „ ) ., O Do Ot apply the 3% Local PrOlemoo on this prgjo% as a qualified local business detetmhred bythd awof t , Denton to aocordattce with State Law MATERIALS $ LABOR $ TOTAL $ EXAM Z AMON OF BITE By tugnmg the Proposal Perm, contractor acknowledges he is an atdhetized rdlzwph'tative and hse xamiaed the site end is aware of all field oonditions, which may affect the work TAXES, 1, Tex shall not be included in your bid Upon re;Ot of nbticd of acceptnnom of this bid, within thirty (30) days of the date of this proposal, I (or we) ' a to execute thin forrnanal oontraat witbun ten (10) days thereafter, and to deliver err[ Insurance Certiftcata, a sF lyl In theat�cunt of OATS HUNARED and T$iY PIRtENT (t 10%) of the contract price for the fatthRtl perfbWtrtipdm cif the cont�Ct, and a ONE HUNDRED PERCENT (100%) STATUTORY PAYMENT BONS] 27 New Walkmg Track Surface Bid #2720 CITY OF DENTON City of Denton Civic Center August 9, 2001 The undersigned agrees to complete all work shown on the drawings and in the specifications within the time hunts set forth below subject to additional days that may be added due to inclement weather and/or other justified and reasonable extensions or time as may be approved by the Owner Contractors that are awarded contracts shall be prepared to immediately sit down with the City of Denton Representatives and present a plan that will illustrate how progression of work is to take place to insure completion by December 31, 2001 If a contractor is awarded the project, the project must be completed within the dates shown above or the contractor will be subject to liquidated damages as set forth below A working day is defined as a calendar day, in which weather or other conditions not under the control of the company will permit the performance of the principal units of work underway for a continuous period of not less than seven (7) hours between 7 00 A M and 6 00 P M The undersigned agrees that the Owner may retain the sum of Two Thousand Dollars ($2,000 00) from the amount to be paid to the undersigned for each calendar day that the work contemplated remains mcomplete beyond the time set forth, Sundays and holidays INCLUDED Tlus amount is agreed upon as the proper measure of liquidated damages, which the Owner will sustain per day, by failure of the undersigned to complete the work at the stipulated time, and is not to be construed in any sense as a penalty Payment will be made to the contractor within thirty (30) days after receipt of proper invoice and written acceptance of project from the Owner's representative, all required material invoices, documentation, etc and all written warranties from both contractor and manufacturer I (or we) agree to promptly furnish a correct and current financial statement of condition with a list of owned equipment and an experience record of completed projects for examination by Owner and architect, if same is required SEAL (If by Corporation) JECTF MITTED BY knadeo Perez r. (Name) vice President (Title) 6625 Levelland, #3B (Address) Dallas, Texas 75252 28 RUG-27-2001 O8 02 PM MONDO SOUTHWEST 817 251 1074 P 02 #4120 New Wan b* Track 6ts'faos jn 06y OrD4106 civic Grater ADDENDUM 1 ensptfou of Addendum: Now Walking Track Surface — City' of %atom Cte 011ie 0F,B1'1IM ONAUG'U,ST 28t 200i at 2.00 P.M. e„ 1 PRE -BID MEBUNGi , I Attached is tits list of attendees at the pro-$nd meeting hold August 17, 2001. 2 BID FORMS, Page 27 Delete page 27 of the bid forms and tWaoo with the attached page 27, io its emt'tety 3 DRAWING}, Sheet A-3, Item No I Delete this shW In its entirety VA topiacm with Attachment No 1, revised Sbwt DRAWING, Sheet A-2 Item No. 2 Theised dlo "be reAnd to rfttvb ft revued logo as hxUcated on Att A#t S of w tarns and oonditions of tilis solloitation not specifically affected by'thix �Allly wclftdum will m sin latehaaged. r ' 6 Note Mot #7 on the cover page rcgtt db* Uknowledgemem of this addatsdtuu Y �1 I t'klsforht stwUU be signed artd retytrhed **h yoar bid. Naltter 'I, ' prol z eJr. Sigrl�Nt Cep�paNyt Inc. I , 7Yfl�l vice President Dwel August 28, 2001 , 2 New Walking Track Surface Bid # 2720 CITY OF DENTON City of Denton Qvic Center August 9, 2001 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 herem If an apparent low bidder fails to comply strictly with the maurance 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 tins 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 openfng unless a written exception has been submitted with the bid Contractor shall not commen e any work or deliver any material until he or she receives notification that the contract has been accepted I 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 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 • i 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 lirmt of liability All policies shall be endorsed to read 46 New Walking Track Surface Bid # 2720 CITY OF DENTON City of Denton Civic Center August 9, 2001 "SAID POLICY SHALL NOT BE CANCELLED, NONRENEWED OR MATERIALLY CHANGE WITHOUT 30 DAYS ADVANCED WRITTEN NOTICE BEING GIVEN TO THE OWNER (CIM EXCEPT WHEN THE POLICY IS BEING CANCELLED FOR NONPAYMENT OF PREMIUM IN WHICH CASE 10 DAYS ADVANCE WRITTEN NOTICE IS REQUIRED" 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 ansing during the contract term which give rise 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 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 [XI A General Liability Insurance General Liability insurance with combined single limits of not less than $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 (XCU) exposures 47 New Walking Track Surface Bid # 2720 CITY OF DENTON City of Denton Civic Center August 9, 2001 • Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form properly damage liability [N Automobile Liability Insurance Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than $500,000 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 ansmg 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 N 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 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 building 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 ormssions in connection with professional services is required under this Agreement 48 New Walking Track Surface Bid # 2720 CITY OF DENTON City of Denton Civic Center August 9, 2001 [ ] 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 49 New Walking Track Surface Bid # 2720 CITY OF DENTON City of Denton Civic Center August 9, 2001 ATTACHMENT1 [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 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 carvers, 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 I 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 begriming 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 50 New Walkrag Track Surface Bid # 2720 CITY OF DENTON City of Denton Civic Center August 9, 2001 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 mail 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) 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 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 classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate 51 New Walkuig Track Surface Bid # 2720 CITY OF DENTON City of Depton Civic Center August 9, 2001 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, 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 Bid #2720 — New Flooring at Civic Center Walking Track 52 10/05/2001 15 45 9722489002 New walking Track Surface City of Denton Civic Center STATE OF TEXAS COUNTY OF DENTON PONDER COMPANY Bid # 2720 PERFORMANCE BOND PAGE 02 CITY OF DENTON August 9,2001 BOND NO TX 571 403 KNOW ALL MEN BY THESE PRESENTS That _ The Ponder Company whose address is 6825 Levelland Suite 3B Dallas TX 75252 hereinafter called Principal, and MERCHANTS BONDING COMPANY (MUTUAL) a corporation organized and existing under the laws of the State of IOWA , 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, in the penal sum of Forty two thousand eight hundred & forty eight DOLLARS ( $ 42, 84800 ) plus ten percent of the stated penal sum as an additional sum of money representing additional court expenses, attorneys' fees, and liquidated 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 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 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 2001- 360 , with the City of Denton, the Owner, dated the 18`h day of September A D 2001 , a copy of which is hereto attached and made a part hereof, for Bid #2720 New Walking Track Surface — City of Denton Civic Center NOW, THEREFORE, if the Pnncipal 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 matenals 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 42 10/05/2001 15 45 9722489002 PONDER COMPANY PAGE 03 New Walking Track Surface Bid # 2720 CITY OF DENTON City of Denton Civic Center August 9, 2001 PROVIDED FURTHER, that if any legal action be filed upon this Bond, exclusive venue shall lie 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 be had in matters ansing out of such suretyship, as provided by Article 719-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas IN WITNESS WHEREOF, this instrument is executed in nNF copies, each one of which shall be deemed an original, this the 8TH day of OCTOBER 2001 AT'I M ATTEST ' IIaOWN PONDEMA I BY_ SURETY MERCHANTS BONDING COMPANY (MUTUAL) BY FRED DAVIS, WITNESS BY ATTORNEY -FACT, KEVIN J DUNN The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is NANO N/A — GALLAGHER INWEST, P 0. BOX 53910, LUBBOCK, TEXAS 79453 STREET ADDRESS (NOTE Date of Performance Bond must be date of Contract If Resident Agent is not a corporation, give a person's name) PB-2 43 Merchants Bonding Company (MUTUAL) POWER OF ATTORNEY Know All Persons By These Presents, that the MERCHANTS BONDING COMPANY (MUTUAL), a corporation duly organized under the laws of the State of Iowa, and having Its principal office In the City of Des Moines, County of Polk, State of Iowa, hath made, constituted and appointed, and dose by these presents make, constitute and appoint Kevin J Dunn, Angela S. Goff, Harold Binggeli, Mike Henthorn, Ron Stroman and/or Cara D. Hancock of Lubbock and State of Texas its true and lawful Attorney In Fact, with full power and authority hereby conferred In Its name, place and stead, to sign, execute, acknowledge and deliver In Its behalf as surety any and all bonds, undertakings, recognizancea or other written obligations In the nature thereof, subject to the limitation that any such Instrument shall not exceed the amount of TWO MILLION ($2,000,000 00) Dollars and to bind the MERCHANTS BONDING COMPANY (MUTUAL) thereby as fully and to the same extent as If such bond or undertaking was signed by the duly authorized officers of the MERCHANTS BONDING COMPANY (MUTUAL) and all such Soto of said Attorney In Fact, pursuant to the authority herein given, are hereby ratified and confirmed This Power of Attorney Is made and executed pursuant to and by authority of the following Amended Substituted and Restated By Laws adopted by the Board of Directors of the MERCHANTS BONDING COMPANY (MUTUAL) on October 3, 1992 ARTICLE 11, SECTION a —The Chairman of the Board or President or any Vice President or Secretary shall have power and author Ity to appoint Attorneys In Fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, recognizanoss, contracts of Indemnity and other writings obligatory In the nature thereof ARTICLE II, SECTION S —The signature of any authorized officer and the Seal of the Company may be affixed by fecalmlle to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually find corporate InWines s Whereof, be hereto al this MEROHANTS BONDING COMPANY (MUTUAL) has caused these presents to be signed by Its President and Its let Y January -2000 o • • 140C.'O' • MERCHANTS BONDING COMPANY (MUTUAL) By STATE OF IOWA COUNTY OF POLK at Pn l On this lot day of January 2000 before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he Is President of the MERCHANTS BONDING COMPANY (MUTUAL) the corporetlon described In the foregoing Instrument, and that the Seal affixed to the said instrument Is the Corporate Seel of the said Corporation and that the said Instrument was signed and sealed In behalf of said Corporation by authority of Its Board of Directors In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Dee Moines. Iowa the day and year flrat above written — Notary Publlo, Polk County, Iowa STATE OF IOWA COUNTY OF POLK as I, William Warner, Jr, Secretary of the MERCHANTS BONDING COMPANY (MUTUAL) do hereby certify that the above and foregoing Is a true and correct copy of the POWER OF ATTORNEY, executed by said MERCHANTS BONDING COMPANY (MUTUAL), which Is still In force and effect In Witness Whereof, I have hereunto set my hand and affixed the Seal of the Company on this STH day of OCTOBER 2001 , • ., .... , , aO�NO CO$!,o •• '"'.C�Gix..a.c/ 6✓Lvt�o!/f y� P0'c _o_ c M8C 0814 129e1 ' �'. 1933 c; .y 10/05/2001 15 45 9722489002 New Walking Track Surface City of Denton Civic Center STATE OF TEXAS COUNTY OF DENTON PONDER COMPANY Bid # 2720 PAYMENTBOND KNOW ALL MEN BY THESE PRESENTS That HAUL 04 CITY OF DENTON August 9, 2001 BOND NO. TX 571 403 whose address is r3523 L,eveilana burn: in lianas in ijAjA , hereinafter called Principal, and MERCHANTS BONDING GnMPAWY (MUT,,t a corporation organized and existing under the laws of the State of IOWA ,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 labor upon, the building or improvements hereinafter referred to, in the penal sum of Forty two thousand eight hundred & forty eight DOLLARS ($ $42,848 00 ) 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 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 2001- 36.0 with the City of Denton, the Owner, dated the 18th day of September AD 2001 , a copy of which is hereto attached and made a part hereof, for Bid #2720 New Wallang Track Surface — City of Denton Civic Center 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 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 wave 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, Dmwmgs, etc PB-3 m 10/05/2001 15 45 9722489002 PONDER COMPANY NAUE e0 New Walking Track Surface Bid # 2720 CITY OF DBNTON City of Denton Civic Center August 9, 2001 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 herem as the Resident Agent in Denton County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such surety, as provided by Article 7 19-1 of the Insurance Code, Vemon's Annotated Civil Statutes of the State of Texas IN WITNESS WHEREOF, this instrument is executed in 0NE, copies, each one of which shall be deemed an original, this the _gTg day of OCTOBER 2001 AT'I M ATTEST PRINCIPAL BY MERCHANTS BONDING COMPANY,(MUTUAL) FRED DAVIS, WITNESS BY , ATTORNEY- - ACT, KEVIN J. DUNN The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is NAME N/A — GALLAGHER INWEST, P.0 BOX 53910, LUBBOCK, TEXAS 79453 STREET ADDRESS (NOTE Date of Payment Bond must be date of Contract If Resident Agent is not a corporation, give a person's name) 45 Merchants Bonding Company (MUTUAL) POWER OF ATTORNEY Know All Persona By These Presents, that the MERCHANTS BONDING COMPANY (MUTUAL) a corporation duly organized under the laws of the State of Iowa, and having Its principal office In the City of Des Moines, County of Polk, State of Iowa hath made, constituted and appointed, and doe& by these presents make, constitute and appoint Kevin J Dunn, Angela S Goff, Harold Einggeli, Mike Henthorn, Ron Strornan and/or Cara D. Hancock of Lubbock and State of Texas its true and lawful Attorney In Fact, with full power and authority hereby conferred In Its name, place and stead, to sign, execute, acknowledge and deliver In Its behalf as surety any and all bonds, undertakings, recognizances or other written obligations In the nature thereof, subject to the Ilmitatlon that any such instrument shall not exceed the amount of TWO MILLION ($2,000,000 00) Dollars and to bind the MERCHANTS BONDING COMPANY ((MUTUAL) thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the MERCHANTS BONDING COMPANY (MUTUAL), and all such acts of sold Attorney In Fact pursuant to the authority herein given, are hereby ratified and confirmed This Power of Attorney is made and executed pursuant to and by authority of the following Amended Substituted and Restated By Laws adopted by the Board of Directors of the MERCHANTS BONDING COMPANY (MUTUAL) on October 3, 1992 ARTICLE II SECTION 8 —The Chairman of the Board or President or any Vice President or Secretary shall have power and author Ity, to appoint Attorneys In Fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, recognizances, contracts of Indemnity and other writings obligatory In the nature thereof ARTICLE II, SECTION 9 — The signature of any authorized officer and the Seal of the Company may be affixed by facsimile to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, of other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed In Witness Whereof, MERCHANTS BONDING COMPANY (MUTUAL) has caused these presents to be signed by Re President and Its corporate seal to be hereto affixed, thle let day of January - 2000 • • ND •�,' • ., MERCHANTS BONDING COMPANY (MUTUAL) �o�� pP o;yq •o9y` tZ 1933 tic: STATE OF IOWA COUNTY OF POLK ea By On this lot day of January 2000 before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he Is President of the MERCHANTS BONDING COMPANY (MUTUAL), the corporation described In the foregoing Instrument, and that the Seal affixed to the said Instrument Is the Corporate Seal of the said Corporation and that the said Instrument was signed and sealed In behalf of said Corporation by authority of Its Board of Directors In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Dee Moines, Iowa, the day and year first above written _ .•�•K Mop• !••• ! •. �,J'i•OC+� ti� •. CC' IO16 WA ;C Notary Public, Polk County, Iowa : ZOO', ,' P •. •••.,TqR STATE OF IOWA I A� S` ,.• COUNTY OF POLK as ••.,,••.•• I, Wllllam Warner, Jr, Secretary of the MERCHANTS BONDING COMPANY (MUTUAL) do hereby certify that the above and foregoing Is a true and correct copy of the POWER OF ATTORNEY, executed by said MERCHANTS BONDING COMPANY (MUTUAL), which Is still In force and effect In Witness Whereof, I have hereunto set my hand and affixed the Seal of the Company on this BTH day of OCTOBER 2001 , . , , . , . YAG �Oo(iPOq y • 4,� yc: �%�irys,.c s nr.n c, hy.: -d- �. uacoeutarosl ; y� 1933 Q: • .Via%. 46 IMPORTANT NOTICE To obtain information or make a complaint; You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at 1-800-252-3439 You may write the Texas Department of Insurance; P.O. Box 149104 Austin, TX 78714-9104 FAX # (512)475-1771 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the agent or the company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. 10/11/01 THU 15 52 FAX 1806 372 3402 CENTURY III _ — _ _(6 002 ACORD CERTIFICATE OF LIABILITY INSURANCE DATEIMNUDDm - 10/06/2i PRODUCER (AM0172-244 FAX ($06) 372-3402 Century III of Amarillo, Inc P O l o, 50430 Amarillo, TX 79159 Nis c N I IMCATS ISTESUMAS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE CXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW INSURERS AFFORDINIi COVERAGE INSURED Ponder Company, Inc 402 S Bonham i Amarillo, TX 7910E — I INSURERA Travelers Property fasua ty INSURERS AmComp Assurance -Texas Region INSURER The Chartor oak Fire Ins Co. INsuRERD Firemen's Fund Ins Co INRI IRFR R 60VERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURFn NAMED Aeova FOR THC rOLIOY PERIOD INDICATtlU NOTWITHSTANOIN ANY nCOUIREMENT, TERM OR CONUI IIUN 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 THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAIn r7 AIMS 7YPEOFINSURANCE POLICY NUMBER 03 17/2601 O 03 17/2002 LIMITS A GENERAL LIABILITY m X COMMERCIAL GFNERAL�LIABILIYY CLAIMS MAOF'X (IMUR -660-189X9772-TLC-01 GACH OCcunRENCE _ s 1100 FIRE DAMAGE(Anyonciln) MEDElm(Aryweperson) $ S S PERSONAL SADVINJURY GENERALAGGREGATE S 1 no X AGGREGATE S 2 00 GENLAGGREGAT9 LIMITAPPLIES PER POLICV X 29I LOG PRODUCTS COMMOPAM A 2.00 C AUTOMOBILE X LIABILITY AWAUTO ALL OWNhO AUTOS SLHhpULEO AUTOS HIRED AUTOS NON-OWNEDAUTOS — H-CAP19800992-01 KYZ000752905SI 03/17/2001 03/17/2001 63/17 2002 03/17/2002 COMOMM SINGLE LIMII (Es 0¢iden0 S 1100 eOINJURY (Perr pe Perron) S BODILY INJURY (PIE accident) S PROPERTY DAMAGE (Perecidem) AUILIVNLY PAACCIDENT S S GARAGE LIABILITY ANY AUTO OTHFRTHAN EAACC AWO ONLY AGG FACMOCCURRENCE S S S 2�00 D EXCESS X LIABILITY OCCURCLAIMS MAOF DEDUCTIHI F RETENTION S AGGREGATE S 2,00 8 X $ g WORXBRB COMPBNBATION AND EMPLOYERS LIABILITY 4117641 03/1//2001 0 7 2001 43 1 2002 e.L EACH ACCIDENT a 1 001 E1. DISEASE GA EMPLOYEE S 1,00 E L DISEASE MA IMIT e 1 001 ARisk nsiallation/Builders -060-389X97/t-ILC-O 03/17 2002 F $34,652 $25,000 In Limit Transit L Waiver or subrngation applies in favor of the City; ins Oi'1'ica�ls, agents, employees and volunteers In favor of Workers Compensation Additional Insured and Waiver of Subrogation applies in favor of the ity of nenton, its Officials, Agents, Empluyees and volunteers in reagards to the General Liability Ind Automobile Liability policies This insurance is primary. PROJECT Bid #2720 Now Walking Trdtk - City of Denton Civic Center SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE GXrINwIPON DATE THEREOF THE ISSUING COMPANY WILL FN09AVORTO MAIL _DAYS WRITTEN NOTICE TO THE CERTIRCATB HOLDER NAMED TO THE LEFT City of Denton BUT FAILURETO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR UABILm 901E Texas Street OF ANY RIND UPON THE COMPANY ITS AGENTS OR REPRESENTATIVES Denrnn, TX 76201 AVTNORRBY KW#CUUMTATM Marilyn Phillips/PC