1998-147 ORDINANCENOq '
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR
GENERAL CONSTRUCTION OF CHAIN LINK FENCE AT THE MUNICIPAL LANDFILL,
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN
EFFECTIVE DATE (BID # 2208 - CHAIN LINK FENCE AWARDED TO DRS
CONSTRUCTION IN THE AMOUNT OF $69,966 29)
WHEREAS, the City has sohc~ted, received and tabulated competitive bids for the
construction of pubhc 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 hereto described b~ds are the lowest responsible bids for the construction of the pubhe works or
improvements described in the bid invitation, bid proposals and plans and speclficat~ons therein,
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
~ That the following competitive bids for the construction ofpubhe works or
improvements, as described in the "B~d Inwtat~ons", "Bid Proposals" or plans and speclfieatmns on
tile in the Office of the C~ty's Purchasing Agent filed according to the bid number assigned hereto,
are hereby accepted and approved as being the lowest responsible bids
BID
2208 DRS CONSTRUCTION $ 69,966.29
~ That the acceptance and approval of the above eompet~tive bids shall not
constltuto a contract between the City and the person submitting the bid for construction of such
pubhe works or unprovemants herein accepted and approved, until such person shall comply v~th
all requirements specified m the Not,ce to Bidders including the timely execution of a written
contract and furmshmg of performance and payment bonds, and insurance certificate after
notlticataon of the award of the bid
~ That the City Manager is hereby authorized to execute all necessary written
conl~acts for the performance of the eonstmetmn of the public works or improvements m accordance
with the bids accepted and approved hereto, provided that such contracts are made m accordance
w~th the Not, ce to B~dders and B~d Proposals, and documents relaUng thereto specifying the terms,
eonchtlons, plans and specfficat~ons, standards, quantities and specified sums eontmned therein
~ That upon acceptance and approval of the above competitive b~ds and the
execution of contracts for the pubhe works and amprovements as authorized heron, the Caty Council
hereby authorizes the expenditure of funds an the manner and m the amount as specafied m such
approved b~ds and authorized contracts executed pursuant thereto
~ That ttus ordinance shall become effeetave mamedmtely upon ars passage and
approval
PASSED AND APPROVED flus the ~/~ day of__~3~.~,1998
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
2208 CONTRACT ORDINANCE
CONTRACT AGREEMENT
STATE OF TEXAS §
COUNTY OF DENTON §
THIS AGREEMENT, made and entered into this 2 day of JUNE A.D., 1998,
by and between CITY OF DENTON of the County of DENTON and State of Texas,
acting through TED BENAVIDES thereunto duly authorized so to do, hereinafter
termed "OWNER," and
DRS CONSTRUCTION INC.
P.O. BOX 70
ARTHUR CITY, TX 75411
of the City of SHERMAN County of LAMAR and State of TEXAS, heremafter
termed "CONTRACTOR"
WITNESSETH That for and m conslderaUon of the payments and agreements
hereinafter menUoned, to be made and performed by OWNER, and under the
condlUons expressed m the bonds attached hereto, CONTRACTOR hereby agrees with
OWNER to commence and complete performance of the work specified below
BID # 2208 - CHAIN LINK FENCE
m the amount of $ 69.966.29 and all extra work m connecuon therewith, under
the terms as stated m the General Condmons of the agreement, and at his (or their) own
proper cost and expense to furmsh all materials, supphes, machinery, eqmpmant, tools,
supermtendence, labor, insurance, and other accessories and services necessary to
complete the work specified above, m accordance with the cond~Uons and prices stated
m the Proposal attached hereto, and m accordance with all the General Condltmns of
the Agreement, the Specml Condxuons, the Notice to Bidders (Advertisement for Bids),
InstrucUons to B~dders, and the Performance and Payment Bonds, all attached hereto,
and m
CA- 1
accordance with the plans, which mcludes all maps, plats, blueprints, and other
drawings and prmted or written explsnatory matter thereof, and the Specifications
therefore, as prepared by
CDBG DEPARTMENT
all of which are made a part hereof and collectively evidence and constitute the enure
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 mcome tax, wlthholdmg,
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 accordmg to the attached speclficaUons 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 mdemmfy and hold harmless the City
of Denton from any and all damages, loss, or liability of any lond whatsoever, by
reason of mJury to property or th!rd persons occasioned by any error, omission or
negligent act of Contractor, its officers, agents, employees, mvltees, 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 clanns and demands
Choice of Law and Venue
This agreement shall be governed by the law of the State of Texas and venue for
Rs 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 m written notice to commence work and
complete all work wlthm the tune stated m the Proposal, subject to such extensions of
tune as are provided by the General and Special Condmons
The OWNER agrees to pay the CONTRACTOR m current funds the price or prices
shown m the Proposal, which forms a part of this contract, such payments to be subject to
the General and Special Conditions of the Contract
CA - 2
IN WITNESS WHEREOF, the partles of these presents have executed this
agreement m the year and day first above written
ATTEST
~)- g OWNER
0 (SEA~.)
ATTEST
CONTRACTOR
MAILING ADDRESS
PHONE NUMBER
FAX N~BER
TITLE f
APPROVED AS TO FO~ P~NTE~NAME
CITY ATTO~EY
CA - 3
CITY OF DENTON
INSURANCE REQUIREMENTS FOR CONTRACTORS
B,dder'a attention Is directed to the insurance reqmrements below It m highly
recommended that bidders confer with their respective ~nsurance cardem or
brokers to determine in advance of Bid aubmmsion the avadabihty of insurance
certificates and endorsements as prescribed and prowded herren If an apparent
Iow bidder fa,Is to comply strictly with the ,nsurance 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 hm~bng any of the other obhgabons or hablht~es of the Contractor, the Contractor
shall prowde and maintain unbl the contracted work has been completed and accepted
by the C~ty of Denton, Owner, the mm~mum ~nsurance coverage as ~nd~cated
hereinafter
As soon as pracbcable after not~ficabon of b~d award, Contractor shall file with the
Purchasing Department satisfactory certificates of ~nsurance, containing the bid number
and title of the project Contractor may, upon written request to the Purchasing
Department, ask for clarffmat~on of any ~nsurance requirements at any t~me, however,
Contractors ara strongly adwsed to make such requests prior to bid opening, since the
~nsuranee requirements may not be modified or wmved after b~d opening unless a
written exception has been submitted vath the b~d Contractor shall not commence
any work or deliver any material until he or she rece,ves notification that the
contract has been accepted, approved, and mgned by the City of Denton
All insurance pohc~es proposed or obtained in satisfaction of these requirements shall
comply wth the followng general specifications, and shall be maintained ~n compliance
~th these general specifications throughout the duration of the Contract, or longer, ~f so
noted
Each pohcy shall be ~ssued by a company authonzed to do bus~ness ~n
the State of Texas wth an A M Best Company rating of at least A
Any deductibles or self-~nsured retentions shall be declared ~n the bid
proposal If requested by the C~ty, the ~nsurar shall reduce or eliminate such
deducbbles or self-insured retentions ~th respect to the C~ty, ~ts officials,
agents, employees and volunteers, or, the contractor shall procure a bond
guaranteeing payment of losses and related ~nvest~gat~ons, claim
administration and defense expenses
L~ab~hty pohc~es shall be endorsed to prowde the followng
Name as addtt~onal ~nsurad the C~ty of Denton, ~ts Officials,
Agents, Employees and volunteers
That such insurance ~s primary to any other ~nsurance
available to the add,t~onal ~nsured vath respect to claims covered under
the pol,cy and that th~s insurance apphes separately to each ~nsured
against whom claim ~s made or su~t ~s brought The inclusion of more
than one ~nsured shall not operate to ~ncrease the insurer's hm~t of
hab~hty
All pohc~es shall be endorsed to prowde thirty(30) days pnor written
notice of cancellation, non-renewal or reduction ~n coverage
Should any of the required ~nsurance be prowded under a claims-made
form, Contractor shall maintain such coverage continuously throughout the
term of th~s contract and, ~thout lapse, for a penod of three years beyond
the contract expiration, such that occurrences ans~ng dunng the contract
term whmh g~ve nse to claims made after expiration of the contract shall be
covered
Should any of the requ~rad ~nsurance be prowded under a form of coverage
that ~ncludes a general annual aggregate hm~t prowdmg for claims
~nvest~gat~on or legal defense costs to be ~ncluded ~n the general annual
aggregate hm~t, the contractor shall e~ther double the occurrence hm~ts or
obtain Owners and Contractors Protective L~ab~hty Insurance
Should any raqu~red ~nsurence lapse dunng the contract term, requests
for payments ong~nat~ng after such lapse shall not be processed until the C~ty
receives satisfactory ewdence of reinstated coverage as requ~rad by th~s
contract, effective as of the lapse date If ~nsurance ~s not reinstated, C~ty
may, at ~ts sole option, terminate th~s agreement effective on the date of the
lapse
CI -2
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS:
All ~nsurance pohc~ss proposed or obtained ~n satisfaction of thIs Contract
shall additionally comply w~th the followng marked specifications, and shall
be maIntained m comphance ~th these additional specifications throughout
the duration of the Contract, or longer, ~f so noted
[ X] A General Liability Insurance:
General L~ab~hty ~nsurance vath combined single hm~ts of not less than $1
M~lhon ($1.000.0001 shall be provided and maintained by the contractor The
pohcy shall be written on an occurrence bas~s e~ther ~n a single pohcy or ~n a
combination of underlying and umbrella or excess pohc~es
If the Commercial General L~ab~hty form (ISO Form CG 0001 current
edition) ,s used
Coverage A shall include premises, operatmns, products, and
completed operations, independent contractors, contractual hab~hty
covenng th~s contract and broad form property damage coverage
Coverage B shall include personal ~njury
Coverage C, medical payments, ~s not required
If the Comprehensive General L~ab~hty form (ISO Form GL 0002 Current
Edition and ISO Form GL 0404) ~s used, ~t shall ~nclude at least
Bodily ~njury and Property Damage L~ab~l~ty for premlses,
operattons, products and completed operations, independent
contractors and property damage resulting from explosion, collapse
or underground (XCU) exposures
Broad form contractual hab~hty (preferably by endorsement)
covenng thru contract, personal ~njury hab~hty and broad form
property damage hablhty
CI -3
[×] Automobile Liab,l,ty Insurance
Contractor shall prowde Commercial Automobile L~ab~hty ~nsurance w~th
Combined Single L~mlts (CSL) of not less than ~1 M~lhon ($1,000.000~) e~ther ~n
a single pohcy or ~n a combination of basic and umbrella or excess pohc~es The
pohcy ~11 ~nclude bodily ~njury and property damage hab~hty ans~ng out of the
operation, maintenance and use of all automobiles and mobile equipment used ~n
conjunction ~th th~s contract
Satisfaction of the above requirement shall be ~n the form of a pohcy
endorsement for
any auto, or
ail owned, hired and non-owned autos
[X ] Workers Compensation Insurance
Contractor shall purchase and maintain Worker's Compensabon insurance
which, m addition to meeting the minimum statutory requirements for ~ssuance of
such ~nsurence, has Employer's L~ab~hty hm~ts of at least $100,000 for each
accident, $100,000 per each employee, and a $500,000 policy hm~t for
occupational d~sease The C~ty need not be named as an 'Additional Insured"
but the ~nsurer shall agree to waive all nghts of subrogation against the City, ~ts
officials, agents, employees and volunteers for any work performed for the C~ty
by the Named Insured For building or construction projects, the Contractor shall
comply w~th the prowsmns of Attachment 1 ~n accordance wth §406 096 of the
Texas Labor Code and rule 28TAC 110 110 of the Texas Worker's
Compensatmn Commission (TWCC)
[ ] Owner's and Contractor's Protective L,abihty Insurance
The Contractor shall obtain, pay for and maintain at all t~mes dunng the prosecution of
the work under thru contract, an Owner's and Contractor's Protective L~ab~hty ~nsurance
pohcy naming the C;ty as ~nsured for property damage and bodily tnjury which may anse
~n the prosecution of the work or contractor's operations under th~s contract Coverage
shall be on an "occurrence" bas~s, and the pohcy shall be ~ssued by the same insurance
company that carries the contractor's hab~hty ;nsurance Pohcy hm~ts v~ll be at least
CI -4
combined bodily injury and property damage per occurrence ~th a aggregate
[ ] Fire Damage Legal Liability Insurance
Coverage is required if Broad form General Liability ~s not prowded or ~s
unavailable to the contractor or ~f a contractor leases or rents a portion of a C~ty
building bmlts of not less than each occurrence are required
[ ] Professional Liab,lity Insurance
Professional hab~hty ~nsurance w~th hm~ts not less than per claim w~th
respect to neghgent acts, errors or omiss~ons ~n connecbon w~th professional
services ~s required under this Agreement
[ ] Builders' R,sk Ineurance
Builders' R~sk Insurance, on an AII-R~sk form for 100% of the completed value
shall be provided Such pohcy shall include as "Named Insured" the C~ty of
Denton and all subcontractors as their ~nterests may appear
[ ] Additional Insurance
Other ~nsurance may be required on an ~nd~wdual bas~s for extra hazardous
contracts and specific service agreements If such additional ~nsurance ~s
required for a specific contract, that requirement w~ll be described ~n the "Specific
Conditions" of the contract specifications
ATTACHMENT 1
[X ] Worker's Compensation Coverage for Bu,ld,ng or Construct, on Projects for
Governmental Entities
CI -5
A Deflmt~ons
Certificate of coverage ("cert~ficate")-A copy of a certificate of insurance,
a certificate of authority to self-~nsure msued by the commms~on, or a
coverage agreement (TVVCC-81, TWCC-82, TWCC-83, or TWCC-84),
showng statutory workers' compensabon insurance coverage for the
person's or entlty's employees prowd~ng servIces on a project, for the
duration of the project
Durabon of the project - ~ncludes the t~me 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 prowd~ng services on the project ("subcontractor" ~n ~406 096) -
~ncludes all persons or ent~t~es performing all or part of the services the
contractor has undertaken to perform on the project, regardless of whether
that person contracted d~ractly w~th the contractor and regardless of whether
that person has employees Th~s ~ncludes, vathout hm~tabon, independent
contractors, subcontractors, leasing compames, motor careers, owner-
operators, employees of any such entity, or employees of any entity which
furnishes persons to prowde services on the project "Services" include,
vathout hm~tatmn, prowd~ng, hauhng, or dehvenng equipment or matenals,
or prowd~ng 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 dehvenes, and dehvery of portable
to~lets
B The contractor shall provide coverage, based on proper reporting of
class~ficabon codes and payroll amounts and flhng of any overage
agreements, which meets the statutory requ~raments of Texas Labor Code,
Section 401 011(44) for all employees of the contractor prowd~ng services on
the project, for the duration of the project
C The Contractor must provide a certificate of coverage to the governmental
entity pnor to being awarded the contract
D If the coverage penod shown on the contractor's current cerhficate of
coverage ends dunng the duration of the project, the contractor must, pnor to
Cl -6
the end of the coverage per~od, file a new cert~cate of coverage with the
governmental entity showing that coverage has been extended
E The contractor shall obtain from each person prowd~ng services on a project,
and prowde to the governmental entity
(1) a certificate of coverage, prior to that person beginning work on the
project, so the governmental entity will have on file ceri~ficates of
coverage showing coverage for all persons prowd~ng services on the
project, and
(2) no later than seven days after receipt by the contractor, a new
cert,ficate of coverage showing extension of coverage, ~f the coverage
period shown on the current certificate of coverage ends dunng 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 ~n writing by certified ma~l
or personal dehvery, within 10 days after the contractor knew or should have
known, of any change that materially affects the prows~on of coverage of any
person providing servmes on the project
H The contractor shall post on each project s~te a notme, ~n the text, form and
manner prescnbed by the Texas Workers' Compensation Commission,
~nform~ng all persons prowd~ng servmes on the project that they are raqu~rad
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 ~t contracts
to prowde services on a project, to
(1) prowde coverage, based on proper raport~ng of classification codes and
payroll amounts and fihng of any coverage agreements, which meets
the statutory requirements of Texas Labor Code, Section 401 011(44)
CI -7
for all of its employees providing services on the project, for the
duration of the project,
(2) prowde to the contractor, pnor to that person beginning work on the
project, a certificate of coverage showng that coverage ~s being
provided for all employees of the person prowdlng services on the
project, for the duration of the project,
(3) provide the contractor, pnor to the end of the coverage penod, a new
cert~ficete of coverage sho~ng extension of coverage, ~f the coverage
penod shown on the current certificate of coverage ends dunng the
duration of the project,
(4) obtain from each other person ~th whom ~t contracts, and prowde to
the contractor
(a) a cert~ficete of coverage, pnor to the other person beginning work
on the project, and
(b) a new certificate of coverage showng extension of coverage, pnor
to the end of the coverage penod, if the coverage penod shown
on the currant certificate of coverage ends during the duration of
the project,
(5) retain all raqulred certrl~cates of coverage on file for the duration of the
project and for one year thereafter,
(6) not~fy the governmental entity in wr~bng by certified ma~l or personal
dehvery, w~thm 10 days after the person knew or should have known, of
any change that matenally affects the prows~on of coverage of any
person prowdlng services on the project, and
(7) contractually raqulra each person wth whom ~t contracts, to perform as
raqulred by paragraphs (1) - (7), wth the cert~flcetes of coverage to be
prowded to the person for whom they ara prowd~ng services
J By s~gmng th~s contract or prowdmg or ceus~ng to be prowded a certificate of
coverage, the contractor ~s rapresent~ng to the governmental entity that all
Cl -8
employees of the contractor who will prowde services on the project will be
covered by workers' compensatmn 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
appropnate insurance carnet or, m the case of a self-~nsured, with the
commission's D~vl$~on of Self-Insurance Regulation Prowdlng false or
m~slead~ng ~nformat~on may subject the contractor to administrative penalties,
criminal penalties, c~vll penalties, or other c~wl acbons
K The contractor's failure to comply with any of these prows~ons ~s a breach of
contract by the contractor which ent~tles the governmental entity to declare
the contract void ~f the contractor does not remedy the breach within ten days
after race,pt of notice of breach from the governmental entity
CI - 9
WORK DAYS 30
BID NO 2208
BID TABULATION SHEET
ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAl,
I Mob~hzatmn 1 LS )~)
UnltPnce ~n Words ~r fi~ O,ff~/< ~d'-~4/t ~ 2~~ ~
3 ']20-ffOate 1[ LS 15~00
Unlt Price m Words
Umt Pne~ m Word~
Umt Price ~n Words
Umt Price m Words
Umt Price m Word~
Umt Pne~ m Word~
Umt Pn~ m Word~
$
Umt ~o~ m Word~
Umt ~ne~ m Words
P-3
BID SUMMARY
TOTAL BID PRICE IN WORDS -~,~'~/w ~//~-~,. ~",~o~a~,,~..,/-J~- ,g/~.~z---A~
/
In the event of the award of a contract to the undersigned, the undersigned will furmsh a
performance bond and a payment bond for the full amount of the contract, to secure proper
comphance with the terms and provisions of the contract, to insure and guarantee the work
until final completion and acceptance, and to guarantee payment for all lawful claims for labor
performed and materials furmshed m the fulfillment of the contract
It is understood that the work proposed to be done shall be accepted, when fully completed and
fimshed m accordance with the plans and specifications, to the satisfaction of the Engineer
The undersigned certifies that the bid prices contained m this proposal have been carefully
checked and are submitted as correct and final
Unit and lump-sum prices as shown for each ~tem hstod m this proposal, shall control over
extensions
Street Address
City and State
Seal & AuWonzat~on
(If a Co~orauon) f~
Telephone
B-1
FROM WHITAK~R INSURANC~ PH~ NO . 9B~ ?85 9721 Jul ~ 1998 B8 ~ PI
ACORD 25-$ (3/93)
3025 ~ &v~ge ~n ~ ~ A~
~71
~hur C~y, ~ 7~411
630400 ~. 8-3~g? 8-30-98 ~~
~ ~8~661 ~3-08-98 03-08-99
_ -- .... ~'C
C ~~ ~ ~12021601 02~-98 02-07099
City of ~, ~61 i~ur~
Mul~-bnes
PERFORMANCE BOND
THE STATE OF TEXAS '
COLrNTY OF DENTON ,
KNOVv' ALL N~N BY i--riESE PP~SENlb lhat DRS Construction Inq.whnse
address ~s p.o. Box 70 Arthur Ci,ty, TX 754~1 herema~er called Pnnc~pal, and
Bankers Insurance Company , a corporation orgamzed and existing under the laws of the
State of T ~ ~ ~,~4 ~ , and fully authonzed to ~ansact bumness m the State of Texas, as Sure~, are
held and firmly bound unto the C~ty of Denton, a mummpal corpomuon orgamzed and erasing under
~he laws of the State of Texas. hermnafler called Owner, m the penal sum of
Sixty Nine Thousand Niu~.Hundrea
Sixty 5EX Dollars an~ z~/cen~:s DOLLARS ($ 69,966 29 )plns 10pementofthe
stated ponM sum as an addmonM sum of money represen~ng additional com~ expenses, a~omeys'
fees, and hqmdated damages ansmg out of or connected vath the below ~denUfied ConWact, m lawful
money of the Umted States, to be prod m Denton County, Texas, for the payment ofw~ch sum well
and ~uly to be made, we hereby brad ourselves, our henrs, executors, adnums~ators, successors, and
asmgns, jomtly and severally, firnfly by these presents Tb~s Bond shall automatmally be increased
by the amount of any Change Order or Supplemental Agreement w~ch increases the Con~-act price,
but m no event shall a Change Order or Supplemental Agreement w~ch reduces the Con~act price
decrease the penM sum of fins Bond
THE OBLIGATION TO PAY SAME m condmoned as follows Whereas, the Pnnmpal
entered into a ce~mn Con~act, identified by Ordinance Number 2208 ~ ~th the Cl~
ofDenton, theOwner, datedthe 2nddayof June AD lg98 ,acopyofw~chmhereto
a~ached and made a pa~ hereof, for
Bid # 2208 Chain Link Fence
NOW, THEREFORE, ~fthe Pnnmpal shall well, truly and fmfiffully
perform and fulfill all of the unde~akangs, covenants, tenns, condmons and agreements of smd
Con~act m accordance w~th the Plans, SpemficaUons and Con~act Documents dunng the ongmal
term thereof and any extenmon thereof which may be granted by the Owner, w~th or vothout not,ce
to the Surety, and dunng the hfe of any guaranV or warranty reqmred under flus Conmact, and shMl
also well and ~'uly perform and fulfill all the undeaakmgs, covenants, terms, condmons and
agreemenm of any and all d~y authonzed mod~fica~ons of smd Conmact that may hereafter be made,
notxce of which modifications to the Sure~y b¢~n§ hereby wmved, and, ~f the Pnnc~pal shall repmr
and/or replace all defects due to faulty matenals and workmanship fi~at appear w~thm a penod of one
(I) year from the date of final completlon and final acceptance of the Work by the Owner, and, if
the Pnnmpal shall fully mdemmfy and save harmless the Owner from all costs and damages wbach
Owner may suffer by reason of fmlure to so perform hereto and shall fully rmmburse and repay
Owner ~dl outlay and expense wbach the Owner may recur m making good any defa~t or defimcncy,
then tkns obhgat~on shall be void, otherwise, it shall remain in full force and effect
PROVIDED FURTHER, that ~fany legal action be filed upon th~s Bond, exclumve venue
shall he ~n Denton County, State of Texas
PERFORMANCE BOND Page !
AND PROVIDED FURTHER, that the smd Surety, for value received, hereby stipulates and
agrees that no change, extension oftnne, alteration or adch~on to the terms of the Contract, or to the
Work to,be performed thereunder, or to the Plans, Specifications, Drawings, etc, accompanying the
same, shM1 m anywise affect ~ts obhgat~on on tins Bond, and ~t does hereby wave no~ce of any such
change, extension oft~ne, alteration or adchtlon to the terms of the Contract, or to the Work to be
performed thereunder, or to the Plans, Specifications, Drawings, etc
Tins Bond ~s g~ven pursuant to the provmons 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 m hereby designated by the Surety herem as the
Resident Agent ~n Roekwall Collnty to whom any reqms~te notices may be dehvered and on
whom semace of process may be had m matters ansmg out of such suretysInp, as prowded by Amcle
7 19-1 of the Insurance Code, Vemon's Annotated C~wl Statutes of the State o£Texas
IN WITNESS WHEREOF, tins msmmaent ~s executed m 4 cop~es, each one of
wh~ch shall be deemed an ongmal, ttnsthe 2nd dayof June ,19. 98
ATTEST PRINCIPAL
AYf~x Construction ~ Inc.
pRESmE ,
B
ATTEST SURETY
'' '~' 'W ~ Jr AiTTORiq~y."n~_-~AC2·
Richard, W Daiker
The Resident Agent of the Surety m Denton County, Texas for dehvery of nonce and service of the
process IS
NAM~ Keystone Southwest Insurance Agencies
STREET ADDRESS P.O. Box 1747 Rockwall, Tx 75087
(NOTE Date of Performance Bond must be date of Contract If Resident Agent is not a
cotpurat~on, give a person's name )
PERFORMANCE BOND - Pa~e 2
PAIqvlBNT BOND
THE STATE OF TEXAS '
COUNTY OF DENTON '
KNOW ALL ~fl~N BY THESE PRESENTS ThatDRS Construction, Inc. , whose
address is P.O. Box 70 Arthur City~ Tx 75411 , hermnaRer called Pnnclpal, and
Bankers Insurance Company , a corporaUon orgamzed and existing under the laws of the
State of Illinois , and frilly authorized to transact business m the State of Texas, as Surety,
are held and firmly bound unto the C~ty of Denton, a mumc,pa] corporaUon orgamzed and ex~stmg
under the laws of the State of Texas, herema~er called Owner, and unto all persons, firms, and
corporaUons who may furmsh materials for, or oerfonn labor upon. ~ budding or, maprovements
hermnafcer referred to, m the penal sum of ~ixX}~ ~xnev~'~?~rS-sana~n~'~/cneU~se~ DOLLARS
(~69. 966.29 ) In lawful money of the Umted States, to be prod m Denton County, Texas, for the
payment of wbach sum well and ~uly to be made, we hereby brad ourselves, our hmrs, executors,
adm~mstrators, successors, and asmgns, jointly and severally, firmly by these presents Tb_m Bond
shall automatically be increased by the amount of any Change Order or Supplemental Agreement
which moreases the ConRact pnce, but m no event sh~dl a Change Order or Supplemental Agreement
wb2ch reduces the Con~act pnce decrease the penal sum oftb~s Bond
TI-lB OBLIGATION TO PAY SAME ~s condmoned as follows Whereas, the Pnnmpal
entered into a certain Contract, ,dent~fied by Ordinance Number 2208 , w~th the C~ty of
Denton, theOwner, datedthe 2nd dayof June ,AD 1998,acopyofwh~chmhereto
a~ached and made a pa~ hereof, for Bid 2208 Chain Link Fence
NOw, THEREFORE, ~fthe Pnnmpal sh~l well, ~uly and fmthfully perform ~m duaes and
make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying
labor and/or material m the prosecunun of the Work prowded for m smd Con~act and any and all
duly authorized mod~ficaUons of smd Con~aet that may herea~er be made, not,ce of w~ch
modifications to the Surety bmng hereby expressly wmved, then tMs obhgauon shall be void,
otherwme ~t shall remain m full force and effect
PROVIDED FURTHER, that ~fany legal ac~on be filed on ~us Bond, exclumve venue shall
he m Denton County, Texas
AND PROVIDED FURTHER~ that the smd Surety, for value recmved, hereby stipulates and
agrees that no change, ex~enmon or,me, alteration or addmon to the terms of the Contract, or to the
Work performed thereunder, or to the Plans, Spec~flca~ons, Drawings, etc, accompanying the same,
shall ~n anywise affect its obhgaUon on fins Bond, and ~t does hereby wmve nonce of any such
change, extenmon of trine, alteration or addmon to the terms of the Con~act, or to the Work to be
performed thereunder, or to the Plans, Spemficatlons, Drawings, etc
PAYMENT BOND - Pa~e 1
TI'ns Bond is g~ven pursuant to the prommons of Chapter 2253 of the Texas Government
Code, as amended, and any other applicable statutes of the State of Texas
The undermgned and designated agent is hereby designated by the Surety herein as the
Resident Agent m Rockwell County to whom any reqmmte not,ecs may be delivered and on
whom serrate of process may be had m matters arising out of such suretyslup, as pmwded by Amcle
7 19-1 of the Insurance Code, Vemon's Annotated Civil Stumtes of the State of Texas
IN WITNESS WHEREOF, tlus msmmaent is executed m 4 copies, each one of
wtuch shall be deemed an ongmal, tlusthe 2nd dayof June , 19 98
ATTEST PRINCIPAL
DRS Construction, Ine
SECREI~Y PRE~3'ENT
ATTEST SURETY
Bankers Insurance Company
The Resident Agent of the Surety m Denton County, Texas for delivery of no,ce and service of the
process is
NAME Keystone Southwest Insurance Agencies
STREET ADDRESS P 0 Box 1747, Rockwall, Tx 75087
[NOTE Date of Payrnent Bond must be date ofCon~act IfRemdent Agent is not a
corporation, g~ve a verson's name )
PAYMENT BOND - Page 2
Power of Attorney 33-73338
KNOW ALL MEN BY THESE PRESENTS That ~ankats Insurance Company, a corporation created b'/ and ex,sting under the la'~s c~
the State of Florida ha~n9 ~ pnnc~pal office m the Cfly of St Petersburg, Pmellas County, State of Ronda does hereby nominate, constitute
and appoml Richard W Daiker, James F Mayfleld, James W Leeker, Fred C Smith
Luke R Kraw~etz, and/or Bobbl L Hulsey
of the Qty of Rockwall _, Rockwall Count~ Stat~ of Texas each ~ts true
la~ul A~orn~y m Fael, w~th full point and authorfly gan~err~d u~on h*m to s~n execute acknowledge and deiwer for and an ~ts hehaH as
Surety as ~ts act and deed an~ bond, und~flakmo consent or a~r~ment nat exeeedm~ Two MHhon and XXIIO0 Dollars ($7 000,000 OOI which
th~ Company may he authorized to w,~te
The Bankers insurance Company fudher ce~f~ that the fo[Iow~ng ~s a true and correct copy of A~cle IV Sectmn 6 o[ the By La,~ s
duly adopted and now m force, to
SECTION 6 PRESIDENT The President sh31i m th~ absence er d~sab~hty o~ th~ Chamnan preside over ail meetings ~f the
D~rectors and Shareholders and shall haw general supe~,=lon of th~ affairs o[ the Corporation shall s~gn or counte, s~ga
ce~lflcat~ contracts and other instruments of th~ Corporation as authorized by toe Board of D~rectors shall make repo~s
to the Board of O~rectors and Stockholders, and sh~[I pedorm all such ether dut~ as are incident to h,s office or are
properly reqmred of him by tim Board ol
17~ wIr~ ESS ¥,HEREO~ the Bankers Insurance Company has ccused th~se presen,s to ~e s~gned by ~ts President and,~ts C~rpor, ~
S~ I to be affixed by ~ts Secretary th~s 17th day of May, 19 94 . .
A~E BANKERS fiANCE COM t - o ~
b ~s'm Dela~, Secretary Dawd~ ~h~n, Pr~s:~en¢ '
Th~s Power of A~orney ~s s~gned and ~e~led by facsm le under ~od ~y the authority ct the follow;ng R~olutlon adopte~ by the Board
of D~re~ors of the B~nkers Insurance Company at Its ~onthly meeting held In August 1981
RESOLVED that the s~gnatur~ of such Officers and the Seal of the Corporation m~y ~e afh~ed to any suc~ Power of
A~o¢~ey or 8ny Ce~[ioo ~opy thereof OF 8~y C8~lflCdtlOn retat~ng thereto by facsimile a~d any such Power of A~orney or
any ce~lfle8 co~ thereof or any ce~l[l~atlOn relating thereto bedrlng such facsimile si~natur~ or ta~mfle ~al shall be
valid and birding upon the Corporation m the future w~th respect to anf bonds unde~akmgs recogmzance or contracts of
indemnity to which it Is
STATE OF FLORIDA )
) SS
COUNTY OF PINEL~S }
BEFORE ME, the und~¢s~goe8 authority, personally appeared OAVID K MEDIAN and G KRISTIN OE~NO who acknowledged
to be the Pr~zdent an8 Secret~ry of Bankers Insurance Company, a Ronda corporat;on, and they as such President and Secret~ry bmng aulhonzed
to do so executed the foregoing in~rument for the flurpos~ therein contained by s~gmng the name of the corporation by themselves as PresMent
and Secretary, an~ that sa~d secretaCy a~xed thereto the sea[ of t~e corporatmn and a~ested to the executmn of the foregoln~ instrument
IN ~ITNESS WHEREOF, I hereunto ~et my hand and seal th;s ~Tth d~y o~ ~, ~9 94~ A/ _.x )
L
My Comml~lon Exp~r~ . ~7 ~ · .- 0 - ~- ~ /~
'oF~ ;,~~ ch the
I, the undersigned Secretary af Bankers Insurance Company, da hereby ce~dy that the original Power of Attorney, of wh~
feregomg ~s a full, true and correct cop~, IS in f~ll force and affect
IN WITNESS WHEREOF, I have hereunto subscribed my name as Secretarial affix the corporate seal nf the Corporation
(SEAL} ~Kn;tm De[an. S~cretary