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HomeMy WebLinkAbout1999-193NOTE- Change Order No. 1 - Ordinance No. 99-393 ORDINANCE NO AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR CONSTRUCTION OF THE NEW FLEET MAINTENANCE FACILITY, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE (BID 2361 — FLEET MAINTENANCE FACILITY AWARDED TO RATCLIFF CONSTRUCTORS, INC IN THE AMOUNT OF $1,998,650) WHEREAS, the City has solicited, received and tabulated competitive bids for the construction of public works or improvements in accordance with the procedures of STATE law and City ordinances, and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or improvements described in the bid invitation, bid proposals and plans and specifications therein, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the following competitive bids for the construction of public works or improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids BID NUMBER CONTRACTOR AMOUNT 2361 RATCLIFF CONSTRUCTORS, INC $1,998,650 SECTION II That the acceptance and approval of the above competitive bids shall not constitute a contract between the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and f nmishing of performance and payment bonds, and insurance certificate after notification of the award of the bid SECTION III That the City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein SECTION IV That upon acceptance and approval of the above competitive bids and the execution of contracts for the public works and Improvements as authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto SECTION V That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the —day of UYAL ,1999 JAC MI LER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BID 2361 - CONTRACTUAL ORDINANCE ATTACHMENT TABULATION SHEET MAINTENANCE FACILITY Nol DESCRIPTION VENDOR VENDOR VENDOR VENDOR Ratcliff Constructors, Inc Construction DBR Sedalco, Inc TOTAL BID AWARD $1,998,650 $2,385,000 $2,403,140 $2,515,000 COMPLETION DAYS 240 Days 300 Days 250 Days 210 Days CONTRACT AGREEMENT STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT, made and entered into this 15 day of JUNE A.D , 1999, by and between CITY OF DENTON of the County of DENTON and State of Texas, acting through MICHAEL W JEZ, City Manager, thereunto duly authorized so to do, hereinafter termed "OWNER," and RATCLIFF CONSTRUCTORS, INC 11498 LUNA ROAD, SUITE A-103 DALLAS, TEXAS 75234 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 # 2361 - FLEET MAINTENANCE FACILITY in the amount of $1,998,650.00 and all extra work in connection therewith, under the terms as stated in the General Conditions of the agreement, and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the work specified above, in accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), Instructions to Bidders, and the Performance and Payment Bonds, all attached hereto, and in CA - 1 accordance with the plans, which includes all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by HUITT-ZOLLARS, INC, all of which are made a part hereof and collectively evidence and constitute the entire contract Independent Status It is mutually understood and agreed by and between City and Contractor that Contractor is an independent contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas, for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, worker's compensation, or any other City employee benefit City shall not have supervision and control of Contractor or any employee of Contractor, and it is expressly understood that Contractor shall perform the services hereunder according to the attached specifications at the general direction of the City Manager of the City of Denton, Texas, or his designee under this agreement Indemnification Contractor shall and does hereby agree to indemnify and hold harmless the City of Denton from any and all damages, loss, or liability of any kind whatsoever, by reason of injury to property or third persons occasioned by any error, omission or negligent act of Contractor, its officers, agents, employees, invitees, and other persons for whom it is legally liable, with regard to the performance of this Agreement, and Contractor will, at its cost and expense, defend and protect the City of Denton against any and all such 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, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the Contract [61;WJ IN WITNESS WHEREOF, the parties of these presents have executed this in the year and day first above written ATTEST 1 0� V ATTEST APPROVED AS TO FORM CA-3 agreement Ratcliff Constructors, Inc. CONTRACTOR 11498 Luna Road MAILIN ADDRESS 972-432-9969 PHONE NUMBER 972-432-9943 FAX NUMBER BY TITLE resident Max K. YOung _ PRINTED NAME (SEAL) PERFORMANCE BOND STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS That RATCLIFF CONSTRUCTORS, INC , whose address is 11498 LUNA ROAD SUITE A-103, DALLAS, TX 75234, hereinafter called Principal, and a corporation organized and existing under the laws of the State of TEXAS, 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 ONE MILLION NINE HUNDRED NINETY EIGHT THOUSAND SIX HUNDRED AND FIFTY and no/100 DOLLARS ($1,998,650 00) 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 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 99-193, with the City of Denton, the Owner, dated the 15 day of June A.D 1999, a copy of which is hereto attached and made a part hereof, for BID N 2361 - FLEET MAINTENANCE FACILITY. 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 snaking 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 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 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 4 copies, each one of which shall be deemed an original, this the 15 day of JUNE 1999 ATTEST PRINCIPAL SECRETARY ATTEST PRESIDENT SURETY M. ATTORNEY -IN -FACT The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is NAME 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 PAYMENT BOND STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS That RATCLIFF CONSTRUCTORS, INC., whose address is 11498 LUNA ROAD SUITE A-103, DALLAS, TX 75234, hereinafter called Principal, and a corporation organized and existing under the laws of the State of TEXAS, 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 ONE MILLION NINE HUNDRED NINETY EIGHT THOUSAND SIX HUNDRED FIFTY and no/100 DOLLARS ($1,998,650 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 99-193, with the City of Denton, the Owner, dated the 15 day of JUNE A.D 1999, a copy of which is hereto attached and made a part hereof, for BID # 2361 - FLEET MAINTENANCE FACILITY. 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 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 PB-3 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 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 4 copies, each one of which shall be deemed an original, this the 15 day of JUNE 1999 ATTEST PIM SECRETARY ATTEST f31 PRINCIPAL II PRESIDENT SURETY 10 ATTORNEY -IN -FACT The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is NAME STREET ADDRESS (NOTE Date of Payment Bond must be date of Contract If Resident Agent is not a corporation, give a person's name ) 2375 CONTRACT & BONDS & INSURANCE wf CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Bidder's attention is directed to the insurance requirements below It is highly recommended that bidders confer with their respective insurance carriers or brokers to determine in advance of Bid submission the availability of insurance certificates and endorsements as prescribed and provided herein If an apparent low bidder fails to comply strictly with the insurance requirements, that bidder may be disqualified from award of the contract Upon bid award, all insurance requirements shall become contractual obligations, which the successful bidder shall have a duty to maintain throughout the course of this contract STANDARD PROVISIONS - Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted work has been completed and accepted by the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter As soon as practicable after notification of bid award, Contractor shall file with the Purchasing Department satisfactory certificates of insurance, containing the bid number and title of the project Contractor may, upon written request to the Purchasing Department, ask for clarification of any insurance requirements at any time, however, Contractors are strongly advised to make such requests prior to bid opening, since the insurance requirements may not be modified or waived after bid opening unless a written exception has been submitted with the bid Contractor shall not commence any work or deliver any material until he or she receives notification that the contract has been accepted, approved, and signed by the City of Denton All insurance policies proposed or obtained in satisfaction of these requirements shall comply with the following general specifications, and shall be maintained in compliance with these general specifications throughout the duration of the Contract, or longer, if so noted Each policy shall be issued by a company authorized to do business in the State of Texas with an A M Best Company rating of at least A - Any deductibles or self -insured retentions shall be declared in the bid proposal If requested by the City, the insurer shall reduce or eliminate such deductibles or self -insured retentions 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 volunteers •• That such insurance is primary to any other insurance available to the additional insured with respect to clauns 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 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 arising during the contract term which give rise to clauns 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 1XI A General Liability Insurance - General Liability insurance with combined single limits of not less than $2,000,000 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 • Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability [X] Automobde Luibdity 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 arising out of the operation, maintenance and use of all automobiles and mobile equipment used in conjunction with this contract Satisfaction of the above requirement shall be in the form of a policy endorsement for • any auto, or • all owned, hired and non -owned autos [X] Workers Compensation Insurance Contractor shall purchase and maintain Worker's Compensation insurance which, in addition to meeting the minimum statutory requirements for issuance of such insurance, has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 policy limit for occupational disease The City need not be named as an "Additional Insured" but the insurer shall agree to waive all rights of subrogation against the City, its officials, agents, employees and volunteers for any work performed for the City by the Named Insured For building or construction projects, the Contractor shall comply with the provisions of Attachment 1 in accordance with §406 096 of the Texas Labor Code and rule 28TAC I10 I10 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 omissions in connection with professional services is required under this Agreement [ ] Builders' Risk Insurance Builders' Risk Insurance, on an All -Risk form for 100% of the completed value shall be provided Such policy shall include as "Named Insured" the City of Denton and all subcontractors as their interests may appear [ ] Additional Insurance Other insurance may be required on an individual basis for extra hazardous contracts and specific service agreements If such additional insurance is required for a specific contract, that requirement will be described in the "Specific Conditions" of the contract specifications ATTACHMENT 1 [x] Worker's Compensation Coverage for Budding or Construction Protects 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 protect, for the duration of the protect Duration of the protect - includes the time from the beginning of the work on the protect until the contractor's/person's work on the protect has been completed and accepted by the governmental entity Persons providing services on the protect ("subcontractor" in §406 096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the protect, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner -operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the protect "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a protect "Services" does not include activities unrelated to the protect, 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 protect, for the duration of the protect C The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract D If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended E The contractor shall obtain from each person providing services on a project, and provide to the governmental entity (11 a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project, and (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project F The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter G The contractor shall notify the governmental entity in writing by certified mad or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project H The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage The contractor shall contractually require each person with whom it contracts to provide services on a project, to (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401 01 1(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 mad or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project, and (7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services J By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the commission's Division of Self - Insurance Regulation Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, 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 I I SECTION 00300 -- Proposal 191d) Form I C� 003001 TIME- 2:00 P.M. 003002 DATE, May 201009 003003 TO, Purchasing Agent City of Denton, Texas 901.5 Texas Street Denton, Texas 76201 Gentlemen 003004 STIPULATED SUM The undersigned having examined the Contract Documents entitled Naintamtrnce Yeoility - BID # 2361 and having visited the alto of the proposed construction, and having familiarized himself with the local conditions affecting the cost of the work, and with all addends to the sold documents, hereby proposes to furnish all supervision, labor, materials, equipment, tools, and accessories and to do all work in accordance with said documents and addenda thereto for the stipulated sum of. nqq ter oel Ba1•se Bides 1�e- �n& � Nrn&p I Dollars Total Total number of caL ezw!!Pjs to a late sIt;NATOSL e" n TITLE President PATB Mayes, 1 999 Ratcliff Constructors, Inc. Acknowledge Add. #1 and Add #2 MFOUINVA $ ?an n�yT PERFORMANCE BOND STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS That RATCLIFF CONSTRUCTORS, INC., whose address is 11498 LUNA ROAD SUITE A-103, DALLAS, TX 75234, hereinafter called Principal, and CONTINENTAL CASUALTY COMPANY a corporation organized and existing under the laws of the State of TEXAS, 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 ONE MILLION NINE HUNDRED NINETY EIGHT THOUSAND SIX HUNDRED AND FIFTY and no/100 DOLLARS ($1,998,650.00) 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 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 99-193, with the City of Denton, the Owner, dated the 15 day of June A.D 1999, a copy of which is hereto attached and made a part hereof, for BID # 2361 - FLEET MAINTENANCE FACILITY 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 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 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 4 copies, each one of which shall be deemed an original, this the 15 day of JUNE 1999, ATTEST ATTEST (See Power of Attorney) BY PRINCIPAL BY ' , iD SURETY CONTINENTAL CASUALTY COMPANY M. The Resident Agent of the Surety in Denton County, of the process is ATTORNT: C-IN- CT Bert Guiberte u, Jr Texas for delivery of notice and service NAME _Pauline L Lesch, PCL Contract Bonding Agency STREET ADDRESS 206 Elm Street, Suite 105, Lewisville, TX 75067 (NOTE Date of Performance Band must be date of Contract If Resident Agent is not a corporation, give a person's name) PB.2 PAYMENT BOND STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS That RATCLIFF CONSTRUCTORS, INC., whose address is 11498 LUNA ROAD SUITE A-103, DALLAS, TX 75234, hereinafter called Principal, and COnTxNMUAL CASUALTY COMPANY a corporation organized and existing under the laws of the State of TEXAS, 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 ONE MILLION NINE HUNDRED NINETY EIGHT THOUSAND SIX HUNDRED FIFTY and no/100 DOLLARS ($1,998,650 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 99-193, with the City of Denton, the Owner, dated the 15 day of JUNE A D 1999, a copy of which is hereto attached and made a part hereof, for BID # 2361 - FLEET MAINTENANCE FACILITY 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 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 PB-3 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 hereto as the Resident Agent in Denton County to whom any requisite notices may be delivered and on whom service of process may be had m 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 4 copies, each one of which shall be deemed an original, this the 15 day of JUNE 1999. ATTEST ATTEST (See Power of Attorney) BY PRINCIPAL RATCLTFF CONSTRUCTORS, INC BY PRESIDENT SURETY CONTINENTAL CASUALTY COMPANY BY. ATTORNEY-IN-F T Bert Guibertea , Jr The Resident Agent of the Surety in Denton County, Texas for delivery of nonce and service of the process is NAME Pauline L Leach, PCL Contract Bonding Agency STREETADDRESS 206 Elm Street, Suite 105, Lewsiville, TX 75067 (NOTE Date of Payment Bond must be date of Contract If Resident Agent is not a corporation, give a person's name) 2375 CONTRACT&BONDS &INSURANCE POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That CONTINENTAL CASUALTY COMPANY an Illinois corporation, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, a Connecticut corporation, AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, a Pennsylvania corporation (herein collectively called "the CNA Surety Companies"), are duly organized and existing corporations having their principal offices in the City of Chicago and State of Illinois, and that they do by virtue of the signature and seals herein affixed hereby make, constitute and appoint . .. _ .-..___. .____..._ n_.-1.6 u-1--.-cre.,. IiAuelly their true and lawful Attomey(s)-In-Fact with full power and authority hereby conferred to sign, seal and execute for and on their behalf bonds, undertakings and other obligatory Instruments of similar nature - In Unlimited Amounts - and to bind them thereby as fully and to the some extent as if such instruments were signea or a Duly au and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed This Power of Attorney Is made and executed pursuant to and by authority of the By -Laws and Resolutions, printed on the reverse hereof duly adopted, as Indicated, by the Boards of Directors of the corporations In Witness Whereof, the CNA Sureties Companies have caused these presents to be signed by their Group Vice President and their corporate seals to be hereto affixed on this tat day of January 1996 CONTINENTAL CASUALTY COMPANY Ofnr� NATIONAL FIRE INSURANCE COMPANY OF HARTFORD AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA •+ °x"ttn �jv/ qi, '�� _ M C Vonnahme Group Vice President State of Illinois, County of Cook, as On this let day of January 1996 , before me personally came M C Vonnahme , to me known, who, being by me duly sworn, did depose and say that he resides In the Village of Darien State of Illinois, that he is a Group Vice President of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA described in and which executed the above Instrument, that he knows the seals of said corporations, that the seals affixed to the said Instrument are such corporate seals, that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authonty, and acknowledges same to be the act and deed of said corporations e 6 44"& My Commission Expires October 19, 1998 Linda C Dempsey Notary Public CERTIFICATE 1, John M Littler Assistant Secretary of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA do hereby certify that the Power of Attorney herein above set forth is still In force, and further certify that the By -Law and Resolution of the Board of Directors of each corporation printed on the reverse hereof are still In force In testimony whereof I have hereunto subscribed my name and affixed the seals of the said corporations this 15th day of June 1999 CONTINENTAL CASUALTY COMPANY pofoar taeVeLdoreara NATIONAL FIRE INSURANCE COMPANY OF HARTFORD AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA If, diT� John M Littler Assistant Secretary (Rev 7114t95) Authorizing By -Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the Board of Directors of the Company "Article IX —Execution of Documents Section 3 Appointment of Attorney -in -fact. The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President may, from time to time, appoint by written certificates attorneys -in -fact to act in behalf of the Company In the execution of policies of Insurance, bonds, undertakings and other obligatory Instruments of like nature Such attorneys -In -fact subject to the limitations set forth in their respective certificates of authority, shall have full power to bind the Company by their signature and execution of any such Instruments and to attach the seal of the Company thereto The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vlce President or the Board of Directors, may, at any time, revoke all power and authority previously given to any attomeyAn-fact This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993 'Resolved, that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By -Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company Any such power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached continue to be valid and binding on the Company " ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA This Power of Attorney Is made and executed pursuant to and by authority of the following By -Law duly adopted by the Board of Directors of the Company "Article Vi—Execution of Obligations and Appointment of Attorney -In -Fact Section 2 Appointment of Attorney -In -fact The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President may, from time to time, appoint by written certificates attomeys-in-fact to act in behalf of the Company in the execution of policies of Insurance, bonds, undertakings and other obligatory Instruments of like nature Such attorneys -In -fact, subject to the limitations set forth in their respective certificates of authority, shall have full power to bind the Company by their signature and execution of any such Instruments and to attach the seal of the Company thereto The President or any Executive, Senior or Group Vice President may at any time revoke all power and authority previously given to any attomey-In-fact" This Power of Attorney Is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993 Resolved, that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By -Laws and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company Any such power so executed and sealed and certified by certificate so executed and sealed shall with respect to any bond or undertaking to which it Is attached continue to be valid and binding on the Company " ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD This Power of Attorney Is made and executed pursuant to and by authority of the following Resolution duly adopted on February 17 1993 by the Board of Directors of the Company RESOLVED That the President, an Executive Vice President, or any Senior or Group Vice President of the Corporation may from time to time appoint, by written certificates, Attorneys -in -Fact to act In behalf of the Corporation In the execution of policies of insurance bonds undertakings and other obligatory Instruments of like nature Such Attomey-In-Fact subject to the limitations set forth In their respective certificates of authority, shall have full power to bind the Corporation by their signature and execution of any such instrument and to attach the seal of the Corporation thereto The President, an Executive Vice President any Senior or Group Vice President or the Board of Directors may at any time revoke all power and authority previously given to any Attomey-in-Fact " This Power of Attorney Is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February 1993 'RESOLVED That the signature of the President an Executive Vice President or any Senior or Group Vice President and the seal of the Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of Directors on February 17, 1993 and the signature of a Secretary or an Assistant Secretary and the seal of the Corporation may be affixed by facsimile to any certificate of any such power, and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Corporation Any such power so executed and sealed and certified by certificate so executed and sealed, shall with respect to any bond or undertaking to which it Is attached, continue to be valid and binding on the Corporation ' 07/19/99 MON 08 05 FAX 972 432 9943 RatcliPY Constr 49002 ILL 16 1913 13.46 PR FION RISK SERUICES IN1..51ki 448 0911 TO 19424329943—B16B P 02i02 OATS �IMIDQ 9 Rem+TillISC OATSe, 11p0gg133UCqD O A MATTER OF INFORMATION PAee HOLDER TXIS CeR913, CATS o08s NOT AMEND �XTENnAOR Aon Risk Services, Inc of LOU191sha ALTER TN6 COVHRA06 AFFORDED BY THE P01-16160 OCLOW P O Box 1365E COMPANIES AFFORDING CQVORAGE AIIAzandna LA 7131$.3668 =141YJn A ASSURANCE COMPANY OF AMERICA _ -- RATCLIFF GONSTRUCTOR9, INC ` a 114$8 LUNA ROAD, SURE 108 DALLA3 TX 75234 COMPANY C COMPANY D TH1315 TO GERTIFY THATTHE POUOIES OF INAURANOQ 91110 SMAW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE FOUGY PERIOD INDICATED, NOTWITHET4NOINO ANY REQUIREMENT TERM OR CONDITION OF ANY CONTIIACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES 0080AIDIED HEREIN IS SUSISOT TO ALL THE TERMS, EXCLuSIONe ANOOONO OOr OUDIIrOUOICO. UMIftaHCYYN MAYIIAVCDCM A912M SP Dy FLNOOLAIMb TYPE OF IN6URAN013 POUOY NUImER FYLIYT pPNWnW PuuLT eAPINA1Is GOVaRRPPROPEATY Lw1TE DATE IV1Tg gIMIDPNY) (WGOONY) PROPERTY IkUAAING 8ee OP Web PERSONAL PROPtOnY S BAW eu8INE88 INCOME BROAP EXTRA BXPENSE a IAL BLANIOT BUILDING $ NOUANE DL04WT PEAS PROP a -_ A P BIAAaMBLOGAPP S ePlmum AA JE .2000 ConsDUetlon ERS RISK TranaltPLOBETemp Storage OD 60CFn FFw1 A OTHER Lj CRWE TYPE OF POLICY S S BOILER A MAGNEMY S Own I oeAnOM ce PaNuIRMORsaiiiRm OF PROP®nY Slanbot Rapor6ng Form Completed Value SPECIAL OOMPMONBCIM OOyBIAGES r_ •+— Policy endoraud 'Said pollLy atrol I'm La ,.w"ll"d, ramramnved or materially Ow,Rlad without 80 days, adwW IYad wultan uu ica being given Lo the nwner Wiwi aXePPT when The Polley is being cancelled for nonpayment of premium in which cam 10 drive advanon wHeTarr, nnflnn 19 reglAretP aiiouL ANY OF IMe MOW Dbecrunka POLICIeH et CANCELLaP BEFORE THE CITY OF DENTON TEXAS MgjrTIPM pATA THEREOF, THE IaaUlMo cQNF ANY WILL aMo9evOR TO MAIL �7--Leer 804 TEXAS STREET au"1e "HR1EN Nana TO TNa ca"MATE HOLOEn NA. TP TIIc T PYI orm To rea1L ripPN NanoA ANAI 1 IMpPAP No neuaATION OM 1 IAbUTY DENTON TX 762p1 A MPA V IT O ATwrs aVt1 42aw REPMUW , ** TOTFL PRGE 02 ** rcT 6.11LTAC Y fill nox 198z %A `nxandrxa) =1040adsia LA 71200 phea® 315-445-6591 'suAm Sax 319-445-1401 Da7 1iyWOS�ufe`d6 w �+RntNN, w�SiuTr %uu�i X coiwaeww.uoH�n��Newity dA�4s MAo[ ®off f�►c94'40702 'TANoaIL ANYgUTp w owNAo SCML MAC S H RW AUMS NOµMOSIDAUTo6 ZW442704 �=C uja&rr, _ UNA CCUR (�AMO MWE OM344B705 nuc>tivE 99ACI,L,%34220 IbM ¢4g4�5 �140, .r INSURE �'�' _NO COVO4AGO 04/02/98I 04/01/00 4Ol/99 4/0O, MN MF1I1/OD T �1�000�000 iwWNIW � 00 O 's � "V4"$ 04/01/991 04/01/00 04/01/991 04/01/00 ua ^ENO ww.rTNµ 0 notice bI- Sg�9 °pO lloL Soid.p ry QN4ad Oy lbe W CAY oPD�41b OM 1 4� tiv�ae R'nOoA nodal ICE%x oxfie n ��1e4+AmgftnmdcatINov FAO. ' HO�b2R Y Aoo bro9ulnd� poDcy 641AA °4 cd 30 era 'TW. AGft NtU;'"'MMLk Lt1 AFM CANCly�,A710N CID9D)�1 tr Of Dentpa Argo o' �TMSAsove °R� roues eE tea "R 7mis 62016e �17oA TOTN®�cp��q" ANo AvoR O 30��mexl -ao'a8fNo0 �N� M� M FMAHWmooso,,w Pfm&?'!wl ORDINANCE NO - 39✓� AN ORDINANCE AUTHORIZING THE EXECUTION OF CHANGE ORDER ONE TO THE CONTRACT FOR THE CONSTRUCTION OF THE NEW FLEET MAINTENANCE FACILITY BETWEEN THE CITY OF DENTON AND RATCLIFF CONSTRUCTORS, INC, PROVIDING FOR AN INCREASE IN THE SCOPE OF WORK AND AN INCREASE IN THE PAYMENT AMOUNT, AND PROVIDING AN EFFECTIVE DATE (BID 2361 - FLEET MAINTENANCE FACILITY AWARDED TO RATCLIFF CONSTRUCTORS, INC IN THE AMOUNT OF $1,998,650 PLUS CHANGE ORDER ONE IN THE AMOUNT OF $108,387) WHEREAS, on June 15, 1999 (Ordinance 99-193), the City awarded a contract for Ratcliff Constructors, Inc in the amount of $1,998,650, and WHEREAS, the City Manager having recommended to the Council that a change order one be authorized to amend such contract agreement with respects to the company performing the service and price and said change order one being in compliance with the requirements of Chapter 252 of the Local Goverment Code, Now, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I. That the change order one increasing the amount of the contract agreement between the City and Ratcliff Constructors, Inc , on file in the office of the Purchasing Agent, in the amount of ONE HUNDRED EIGHT THOUSAND THREE HUNDRED EIGHTY SEVEN and no/100 Dollars ($108,387), is hereby approved and the expenditure of funds therefor is hereby authorized The master contract amount is amended to read $2,107,037 SECTION II That this ordinance shall become effective immediately upon its passage and approval _J PASSED AND APPROVED this the i1 K CL day of kAe&11999 J C MILLER, MAYOR ATTEST JE ER WALTERS, ¢ITY SECRETARY By C J AP OVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY 13 CHAAGEDER ONE BID 2361 ORDINANCE ATTACHMENT 1 C Ratcli#Constructors, inc, ROAD 0 � A � Rateliff October 6, 1999 Mr Michael Leavitt City of Denton Manager of Construction Projects 901 A Texas Street Denton, Texas 76201 Re City of Denton Fleet Maintenance Facility Subject COR 001, Add for proposed concrete paving Dear Mike Per your request for pricing, we hereby propose the following change order request for adding concrete paving per the drawing dated 9/22/99 As you have requested there are two pncmg scenarios presented The following is a breakdown of these costs Scenano #1 Add 6" paving per drawing #1 of 1 dated 9/22/99 T AS Concrete 6" paving $81,055 00 Subtotal $81,055 00 Additional Bond $7 00/1000 $574 00 Insurance $ 142/100 $115 00 Subtotal 81,744 00 1 No Fee $8,174 00 Total requested $89,918 00 Scenario #2 Add 8" paving per drawing #1 of 1 dated 9/22/99 T AS Concrete 8" paving $97,710 00 Subtotal $97,710 00 Additional Bond $7 00/1000 $685 00 Insurance $ 142/100 $139 00 Subtotal $98,534 00 10% Fee $9,853 00 Total requested $108,387.00 This change will not effect the contract completion date The above price is based on the following exclusions and clarifications • The proposal includes only the work indicated above Any additional work will be subject to separate correspondence • All work will be performed during normal working hours (Monday through Friday, 700am to330pm) Please indicate your acceptance by signing below and returning a copy for our files Should you have any questions, please contact me directly Sincerely, it�'GVML Jon C Frederick Senior Project Manager cc Jed Dennis — Ratclrff Constructors File cor001 Attachments, T AS proposal Authorized to Proceed City of Denton By Title Date