2012-322ORDINANCE NO. 2012-322
AN ORDINANCE ACCEPTING BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR
THE RENOVATION OF THE HEATING VENTILATION AND AIR CONDITIONING (HVAC)
SYSTEM AT THE CITY OF DENTON MARTIN LUTHER KING RECREATION CENTER;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN
EFFECTNE DATE (BID 5020-AWARDED TO 1NTEGRITY TEXAS CONSTRUCTION LTD. IN
THE AMOUNT OF $116,431.
WHEREAS, the City has solicited, received and tabulated competitive bids for the
construction of public works or improvements in accordance with the procedures of STATE law and
City ordinances; and
WHEREAS, the City Manager or a designated employee has received and recommended that
the herein described bids are the lowest responsible bids for the construction of the public works or
improvements described in the bid invitation, bid proposals and plans and specifications therein;
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. 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
5020 Integrity Texas Construction LTD. $116,431
SECTION 2. 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 worlcs
or improvements herein accepted and approved, until such person shall comply with all requirements
specified in the Notice to Bidders including the timely execution of a written contract and furnishing
of performance and payment bonds, and insurance certificate after notification of the award of the
bid.
SECTION 3. The City Manager is hereby authorized to execute a11 necessary written
contracts for the performance of the construction of the public works or improvements in accordance
with the bids accepted and approved herein, provided that such contracts are made in accordance
with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms,
conditions, plans and specifications, standards, quantities and specified sums contained therein.
SECTION 4. The City Council of the City of Denton, Texas hereby expressly delegates the
authority to take any actions that may be required or permitted to be performed by the City of Denton
under Bid 5020 to the City Manager of the City of Denton, Texas, or his designee.
SECTION 5. 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 6. That this ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the h��� day of ��12�6�='U , 2012.
%/ �./U��L�O���!/����'��
MARK A. BURROUGHS, MAYOR ��J�� ��,��,(,/''
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
: �/ � .� / / �
/
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: � � -
3-ORD-B' S020
CONTRACT AGREEMENT
STATE OF TEXAS
§ COUNTY OF DENTON §
THIS AGREEMENT, made and entered into this 4 day of December A.D., 2012, by and
between Citv of Denton of the County of Dentonand State of Texas, acting through
Geor�e C. Cam�bell thereunto duly authorized so to do, hereinafter termed
"OWNER," and
Inte . rity Texas Construction LTD.
4712 McNutt St.
Haltoin Citv TX 76117 �
of the City of Haltom City, County of Taxrant and State of Texas, hereinafter termed
"CONTRACTOR."
WITNESSETH: That for and in consideratioii of the payments and agreeinents hereinafter
mentioned, to be made aald performed by OWNER, and under the conditions expressed in the bonds
attached hereto, CONTRACTOR hereby agrees with OWNER to coinmence and complete
perfoimance of the worlc specified below:
I�'B# 5020- HVAC System Renovation
in the ainotuzt of $116,431.00and a11 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, tnachinery, equipment, iools, superintendence, labor, insurance, and
other accessories and services necessary to complete the worlc specified above, in accordance with
the conditions and prices stated in tlie Proposal and the Perforinance and Payinent Bonds, attached
hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions,
the Notice to Bidders (Advertisement for Bids), and Instructions to Bidders, as referenced herein
and on file in tlie office of the Purchasing Agent, and in accordance with all local, state and federal
laws; and plans, wluch includes all maps, plats, blueprints, and other drawings and printed or
written explanatory matter thereof, and the Specifications therefore, as prepared by:
Citv of Denton — Facilities Department
all of which are referenced herein and made a part hereof aald collectively evidence and constitute
the entire contract.
CA-1
Independent Status
It is mutually understood and agreed by and between City and Contractor that Contractor is
an indepenclent 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 t�es, 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 sha11 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.
Inde�nnification
Contractor covenants and agrees to and does hereby indemnify, hold hannless and defend, at
its own expense, Owner, its officers, servants and employees, from and against any and all clai_ms or
suits for property loss or damage and/or personal injury, including death, to any and all persons, of
whatsoever kind or character, whether real or asserted, axising aut of the Wark and services to be
performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or
invitees, whether or not caused, in whole or in part, by the alleged negligence of the ofFicers,
servants, employees, of the Owner. Contractor likewise covenants and agrees to, and does hereby,
indemnify and hold harmless Owner during the performance of any of the terms and conditions of
this Contract, whether arising out of in whole or in part, any and all alleged acts or omissions of
officers, servants, or employees of Owner. The provisions of this paragraph are solely for the
benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise,
to any other person or entity.
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
tirne 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 CONTR.ACTOR 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.
CA-2
Right to Audit
The OWNER shall have the right to audit and make copies of the books, records and compufations
pertaining to this agreement. The CONTRACTOR shall retain such books, records, documents and
other evidence pertaining to this agreement duxing the contract period and five years thereafter,
except if an audit is in progress or audit findings are yet unresolved, in which case records sha11 be
kept until all audit tasks axe completed and resolved. These books, records, documents and other
evidence shall be available, within 10 business days of written request. Further, the
CONTRACTOR shall also require all Subcontractors, material suppliers, and other payees to retain
all books, records, documents and other evidence pertaining to this agreement, and to allow the
OWNER similar access to those documents. All books and records will be made available within a
50 mile radius of the Ciiy of Denton. The cost of the audit will be borne by the OWNER unless the
audit reveals an overpayment of 1% or greater. If an overpayment of 1% or greater occurs, the
reasonable cost of the audit, including any travel costs, must be borne by the CONTRACTOR
which must be payable within five business days of receipt of an invoice.
Failure to comply with the provisions of this section shall be a material breach of this contract and
shall constitute, in the OWNER'S sole discretion, grounds for termination thereof. Each of the
terms "books", "records", "documents" and "other evidence", as used above, shall be construed to
include drafts and electronic files, even if such drafts or electronic files are subsequently used to
generate or prepare a fmal printed document.
CA-3
IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the
year and day first above written..
ATTF.CT•
City of Denton
O
BY:
(SEAL)
ATTEST:
����.,'�e.�s �� ��-, �
� CONTRACTOR
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� ��.�-�a,�.- C'�� � �� �.� �-�
MAILING ADDRESS
C�l�� 222 — � l�2
PHONE NUMBER
(���_ 222- �2�2
FAX NUMBER
BY:
AU O ED SIGNA UR.E
� � �.� - ��
APPROVED AS TO FORM: - PRINTE NAME, TI LE
,� � (SEAL)
BY:
ITA BURGESS, C AT ORNEY
CA=4
,�co � CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDlYYYY)
�,.� i2�2o�2oi2
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S�, AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT Je33iCa So a8
NAME: P
Merit Insurance S2TV].C@S � IIIC. PHONE (214) 618-510i FAC No: �214)618-5111
1415 Legacy Drive, Suite 300 AMp�� .jsopas@merit-ins.com
Frisco TX 75034 iNSU�Ra:Int
INSURED INSURER B :Pt11
Integrity Texas Construction� (� � INSURERC:COR
4%12 MeNutt StrA6t \��' p INSURERD:T27S
S` INSURER E Mt .
Haltom City TX 76117 INSURERF:
COVERAGES CERTIFICATE NUMBER:12-13
Indemnitv Ins. Co
REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NONNTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR TypE OF INS RANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS
LTR POLICYNUMBER MMIDD MMIDD/YYYY
GENERAL LIABILITY EACH OCCURRENCE $ 1� 000 � 000
DAMAGE TO RENTED 5O OOO
X COMMERCIAL GENERAL LIABILITY / P ISES Ea occurtence $ i
A CLAIMS-MADE X� OCCUR� IG01100131900�/ 9/il/2012 9/11/2013 MED EXP (Any one person) $ 10, 000
PERSONAL 8 ADV INJURY $ 1, 000 � 000
GENERAL AGGREGATE $ 2, 000 � 000
GEN'LAGGREGATE LIMITAPPLIES PER: PRODUCTS -COMPIOP AGG $ 2, 000 � 000
X POLICY PR� LOC $
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
/ Ea accident 1 000 000
X ANY AUTO `� B DILY INJURY (Per person) $
B ALLOWNED SCHEDULED HPK918896� 9/11/2012 9/il/2013 BODILY INJURY (Peraccident) $
AUTOS NON�OWNED PROPERTY DAMAGE $
HIREDAUTOS AUTOS Peraccident
llninsuredmotoristcamhined $ 500 000
X UMBRELLA LIAB OCCUR EACH OCCURRENCE $ 1, 000 � 000
C EXCESS LIAB CLAIMS-MADE AGGREGATE S
DED X RETENTION 10,00 861235D 9/11/2012 9/11/2013 a
D WORKERS COMPENSATION X WC STATU- H-
AND EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE � N,A / L. EACH ACCIDENT $ 1 OOO OOO
OFFICER/MEMBER EXCLUDED7 001292248�� 9/ii/2oi2 9/11/2013
(MandatorylnNH) E.L.DISEASE-EAEMPLOYE $ 1 000 000
If yes, describe under
DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1 000 000
E Pollution Liability 861227C 9/11/2012 9/11/2013 pggregate 2,000,000
PerOccurrence 2 � 000, 000
DESCRIPTION OF OPERATIONS! LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required)
City of Denton, its Officials, Agents, and Employees are additional insured on the,aeneral liability_ and
auto po icie� when required by mritten contract.✓
CERTIFICATE HOLDER
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
City of Denton `' ACCORDANCE WITH THE POLICY PROVISIONS.
215 East McKinney Street
Denton, TX 76205 AUTHORIZEDREPRESENTATIVE /
✓
Fred Foote/JS ��'- -� �°- �� �--' � `��"���'-
ACORD 25 (2010105) O 1988-2010 ACORD CORPORATION. All rights reserved.
INS025 nn�nn�i n� Thc A(`(1RIl namn �nr1 Innn arc �cnictnror� marlrc nf ACf1Rll
!
�
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ONFLICT OF INTEREST QUESTIONNA�RE FOFtM C�Q�
�or vendor or other erson doin business with local overnmental enti
This questionnaire reflects changes made to the law by H.B. 1491, 80th Leg., Regular Sessfon. oFFICE USE ONLY
This questionnaire is befng fi�ed in accordance with chapter 176 of the Local Government Code by a Date Received
person doing business wifh the governmentai entity.
By law fhis quesfionnaire must be filed with the records administrator of Elie locaf government not
la#er than the 7th business day after ihe date the person becomes aware of facts that require the
staterrtent to be filed. See Section 176.006, Local Gavernment Code.
A person commits an offense tf the person vialates Section 176.006, Local Governrrien# Cade. An •
offense under this section is a Class C misdemeanor.
1 Name of person who has a business relationship with tocal governmental eniity.
� N/A
2
�Check fhls box if yoa are filing an update to a previousiy flled questionnaire.
L1�
{The law requires that you file an updated completed questionnaiFe with the appropriaie fi(ing authority noi later fhan fhe 7�' business
�day affer ihe dafe the originafly filed questionnalre becomes incomplete or inaccurate.)
3
Name of local governmenf offleer with whom fiter has an emptoyment or husiness relationshlp.
N/A
Name of Off►cer
This section, (ifem 3 including s�bparts A, B, C& D), must be completed for each officer wilh whom ihe fifer has an employment or other busEness
relationship as defined by Section 176.001(i-a), Local Government Code. Attach addifional pages to this Form CiQ as necessary. �
A. Is the local government o(ficer named in this section raceiving or likeiy to receive taxable income, other than in�estment income, ffam fhe
filer of the questionnaire? ..
aYes � No
B. Is fhe filer of the quesfionnaire receiving or lfkely to receive iaxable income, other ihan investrrtent income, from or at the direclion of the
local gQVernment officer named In thfs se tian ANQ the taxable income is noi raceived from tt►e local gavernmental entity?
0 Yes � No
C. Is ihe filer of ihis questionnaire employed by a corporation or other business entity wlfh respect io which the local government otficer
serves as an o(fir,er or director, ar holds an owrtership of 10 percent or more?
� Yes � No • '
D. Qescrlbe each affiliation or business relafionship. '
4 �
� 12/20/2012
� -
Signature� f person oing busfness with the ernmentaf enUty . Date
Adopled 0612912�07
/1T/\ 1
FERk'DIZM�CE B�ND gOND # 4388184
STATE OF TEXAS §
COUNT'Y 0� DENTON §
KNOW ALL MFsN BY THFSL pRESENTS: That _Tntearitv Texas Constniciion L✓
whose address is 47�2 McNutt St . Haltom Ciiy TX 7b117 hereinatier called Prinoipal, and�
Suretec Insurance Company✓ � , a corporation arganizea and existing under the
laws of the Stato of Tex�s, and fiilly autharixed to transact business in the State af Texss, as
Surety, are hefd and �,armly boand unto the City of Denton, a ttrsunici�i cor�oration organizad
and existing under thc taws af tlie State of Texas, hereinsfier calisd Owt�er, in tho penal sum of
One Hundre�ixteen Thousand �our Hundred Thiriy One and no1100 �I)OLLARS
{$116,43].00 plus ten peecent of the stated penal senn as an additional sum of � money
repr�senting additional court expenses, attorncys' fees, and liquidated da�nages arising out of or
connected with the below i�.entified Conbract, ln lawful money of the United States, to be paid in
Denton County, Texas, for the p�yment of whiah sum weil and truly to be naade, wB hereby bind
otu�selves, oun c�lrs, executors, adniinistrators, suceessors, and assigns, jointly and severaIly,
firmly by these presents, This Bond shall automsticaliy be increased by the amount of any
Changc t7rder or Supplemental A�reement, which i�xc�reases the Controct prlca, but in no cvcnt
,sha11 a Change Order or Supplemental Agreement, whioh reciuces the Co�traat pcice, decxense
the penal sanra of this•Bond. • '
THE QBLIC�ATION TO PAY SAME is conditloned as fallows: Whexeas, the Prineipa!
e�tered into a cextain ContrACt,,identified by C3rd3nance Numh�e� 2012-322, with the City of
Denton, the Owner, dated the � dsy oF December A.D. 2012;�ar �B # 5020 — MLK Center
i�VAC Sys18m Renovation ./
N4'W, THEREFf)RB, if the �'rin�cipal shall well, truly and ffuithfiiily perform and futfiil
all of the undertalcings, covenstnta, terms, co�ditions and agreements � of said Contract in
accordance with, the Pians, Speciiications and Contraot D�curnents during the originel term
thercaf and any extension thereof whlch may be granted by the Owner, with ox witi�out notice to
ths Surety, snd during the life ofany�guaranty or warranty required under this Contract, and sha11
Also well and truly perforrn and �l�ill all t�ie undcrtakings, covenants, texms, conditions and.
agreern�ents of any and all duly authorized modif cations oP 9aid Cantract that may hereaft�r be
mad� notice of wl�ich modifications to the Surery beins hereby waivcd; and, if the Principal
shall rep�ir and/or replace all defeets due to Faulty maie�ials ar�d workmanship that appear within,
a perivd of two (2) years fiom t,fze date of final compietion and iin�l �cceptance of the Work by ,
the O�vner; �and, ifi the Yrincipal shRl1 fully indemnify and save harmless the Ow►ner from all c�sts
�nd damages which Owner may suffex by rcasan of failu��e to so p�rfoirn herein and shall fi�lly
reimburse and repay Owner all outlay and expetise whic� the Ownex may incur In making good
any default or deficlency, then this obligation shall be vaid; otherwise, it shall remain in fitll
£orce and effect.
�S � �
PROVYD�p FURTHER, ti�at if any legal actioix be filed upon thia Band, exclusiva vara�e
sha�llie in Denton County, State of Texas.
t�N.D PROVIDED FCfRTHER, that the said Suxety, for value received, het�eby stipulat8s
and agrees that na change, e:ctension of tlme, aiteration or addition to the tcirns of the Contract,
or to the Work to be performed ti�ereunder, or to ihe Plans, Spocifications, Drawings, �tc,,
accornpanying thc same, shalt in anywise affeat its obligation on this Bond, and it docs hereby
waive notice of any such change, extenslon of time� alter.at#an or �ditlp� to the terms af the
Cantract, or to the Work to be performed thereunder, os to the Plans, Specifications, Drawings,
etc.
This Bond is given pursuant to the provi'sions of Chapter 2253 of the Texas Oovernmcnt
Code, as amended, and any other applicable statutcs o�the Stat� of Texas,
The tiusc�ersigned and designated sgent is lxe�eby designated by the Stu�ety herein as the
Resident Agent in benton County to whom any reqnisite notices may �e delivered and on whom
service of pracess may bc had in matters at�ising out of such suretyship� as provided by Article
7.19-1 of the Insui�nca Code, Varnon's Annotated Civil Statutcs af tha State of Texas,
IN WITNfiSS WHEREO�, this insirument is executed in four copies, each one of vvk�ich
sha11 be deerned an original, this the 19th day p� December , 2012 ✓
ATTEST;
BY;
CnETA Y ✓
ATTEST:
B�i
PRINCIl'AL
Texas Co
QY;
�T1RF.TY `��
Suretec Insurance Company
B� ��`�_ ��._ � �T ^�, '
ATTOTtNCY�IN�FA�CT
Debra Lee Moon
The Resident Agent of the Surety in Dentou County, Texas For deliveiy o� notice and service of
the process is;
NAME; Mullis Newby Hurst, LP
STREET ADDRLSS: 5�57 Keller Springs Rd #400, Addison, TX 75001
(NOT�.' DplB Qf Pel; folh�lCrltC¢ BOltCI »111St be c�afe O, f�Conh'QCt. If R�,sldeu� Ageri� 1s no! a co��par4lfar,
giYe a p¢rsor�'s nan�e,)
PB - 2
�
� "s�
PAYM�NT BON'b BOND # 4388184
STATE OF TEXA3
C�UNTY OF DENTON §
KNOW ALL MEN BY TABSE PR�SBNTS: TI�t Inte�riiv TeYas Construction LTD.+-�
whoso adda�ess is 4712 McNtttt St., IIaltom City,. TX 7b117 hei�eiiraRer called Principal, �nd
Suretec Insurance Company �/ . s corporation orgat�ized and existii�g under tlie laws
of the Statb of Teaas, al1C� fUlly RLitI101'jZBC� t0 tTAil3aCf V1131I1C93 lfl thB StHte Of TeYfl$� 85 SUIYiij',
ai� held Rud firmly bauiid u�ilo lh� City of beutot�, a�itunici�al oorporation orgauized tutd
existiiig under tlie laws of the State of Texes, hereinftfter oalled Ownei�, �nd unto all persons,
fir�ns, ai�d corporativns who n�ay fiu�nish materis�s for, oz• pei%rni lnbor upon, the buildii�g or
inipravements l�eceina�%r referi�ed to,�tis the penal sum oi One Hundred Sixtean Tl�ousasxd Foizr
HLUidred Thirty �ne nnd no/lUO�OLL�IRS ($] 16,�#31.OQ�.tn lawfiil moiiey of the United
States, to be paid in Detiton, CDUIltjr, Tex�s, fo�• the papment of wliich sun� �vell a2id truly to be
made, tive hereby bind ourselves, o��r heirs, e:cec��tors, admii�istratars, successors, and assigns,
jointly and severally, iirn�Iy by thesa presea�ts, Tlus Bond shal� �.utolt�Qtically be i�iereased by tlie
a�nount of any ChAnge Order or Supple�nantal A,greement whicl� increases the ConU�act price, but
in no event shall a Change Order or Supplenie�itol Agree�nent whicli reduces tlie Contract prlce
decxease the pvnal suin of this Bond.
THE OBLXGATZON TO PAY SAME is eondifioized as follows: Wheaeas, tlie Principal
eute�•ed into a certAin Coi�tt�act, ic�entified by Ot�inance Number 2012-322�itlz tlie City o�
DentoR, the Ow�ier, dated the 4 day of Dece�aber A.D,2012,�r IFB # 5020 — MLK Center
I-IVAC Systen2 Rienovation�
NOW, THEREFORE, if the Principal shall well, truly �u�d faithfidly perform its dudes
and malce proin�t papmant to ail persosis, firms� subco�itractors, caxparations and clainiants
suppl��ing labor a�icUo� mAtet•ial in the prosecutiou of the Work provided for in said Cailtrnct aiid
any And all diily authorized modificatinus of said Coi2t��sct that may laereafter be made, notice of
which modifications to tlte Surety being he�•eby expressly waived, than this obligation shall be
void; other�vise it shall remain in full for+�e nnd effect.
PROVIDED FURTHER, ��lAt 1� Ally JBgBI aCt10ll UE f11eCI 0]1 t�11S IIO�id, exclusive venue
shall lic in Denton Coutaty, Texas.
AND PRQVIDED F[JRTHER, thAt the said Surety, for value received, hereby stipulates
anc� agrees tl�t �ia change, extension of tiuie, alteration or addition to tlle terms o�Fthe Contract,
or to the Work ta be perfo�•iaxed tliereunder, or to the Plans, S}�ecificatiotts, Drawin�s, ete.,
accvmpanying tlze same, shall in anywise 1£feet its obligfltion on this Bond, and it does hereby '
r�vaive uotice of any such cha�ige, extensiozl af tiine, alteratian or addition to the terins of the
Cositract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawin�s,
etc.
I'�-3
This Bond is �iven pucsuastt to the provisions of Chaptcr 2253 of the Texas Govornme,nt
��ie, as amended, and any other appllcab[e siahrtes o�the State of Texi�.s,
The undersigned and designated agent is he��eby designeted by the S�uery herein as the
Resident Agent in Aentou County to whom any requisite notices may be delivered and on whom
service of process rnay be hsd in matte�•s arising out of such surety, as pravided by Artic[e 7,19-1
of tha Ins��rance Coda, Vernon's Annotated Civil Statutes of the State of Texas.
IN WTTNL�SS 'WT�ETtEOF, this instrument is executed in four copxes, each ane o� which
shall be deemed an original, this the 19th day q� December , 2012 ,✓
AT�'EST: PRINCII'AL
�Y:
SE T Y
AT�EST;
BY:
�� ✓Suretec Insurance Company
BY:
ATT�RNE'Y'-7N-FA.C�'
Debra Lee Moon
Tl�e Resident Agent of the Sar�ty in Denton County, Te�as for delivery of notice and service af
the process is:
NAME; Mullis Newby Hurst, LP
ST�tE�T ADDRESS: 5057 Keller Springs Rd #400, Irving, TX 75001
(NOTL; Date of Puymertt 13ortd must 6e dale af Conh;act, If Resident Agertd ts nol a
co��ot�alion, giva a��rsotl's name.) � •
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PoA #: 4221127
SureTec Insurance Company
LIMITED POWER OF ATTORNEY
Know All Men by These Presenis, That SURETEC INSURANCE COMPANY� the "Company"), a corporation duly organized and
existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents
make, constitute and appoint
Sammy J. Mullis Jr., John William Newby, Wilbert Raymond Watson, Patricia Lee Bartlett,
Carolyn J. Goodenough, Troy Russell Key, Sandra Lee Roney, Debra Lee Moon�drea Rose Crawford
its true and lawful Attomey-in-fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge
and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the
conditions of contracts and consents of surety for:
Five Million and 00/100 Dollars ($5,000,000.00)�
and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate
seal of the Company and duly attested by its Secretary, hereby ratifying and c�nfirming all that the said Attorney-in-Fact may do in the
premises. Said appointmerit s11a11 continue in force.until 12/31/2014 and is made under and by authority of the following �
resolutions of the Board of Directors of the Sw�eTec Insurance Company:
Be tt Resolved, that the President, any Vice-President, any Assistant Vice-Yresident, any Secretary or any Assistant Secretary shall be and is
hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on
behalf ofthe Company subject to the following pravisians:
Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and
deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertaftings and any and all
notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such
Attomey-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary.
Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attomey or
any certificate relating thereto by facsimile, and any power of attomey or certificate bearing facsimile signature or facsimile seal shal] be valid
and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20'h ofApril,
1999.)
In Witness Wl:ereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal
to be hereto affixed this 3rd day of September, A.D. 2010.
,�����,�W,„w� SURETEC INS E C PANY
y�Rat��F
`� ,,...._.......,1�
�; x ° g By:
W�w 9;D� John o Jr., resident
�
State of Texas ss: 7''; ,� �1� ��
County of Harris � �`"• �"" �,s �
On this 3rd day of September, A.D. 2010 before me personally c�ame John Knox Jr., to me known, who, being by me duly sworn, did depose and say, that
he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above
instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the
Board of Directors of said Company; and that he signed his name thereto by like order.
�...M.a.� �
`�,.`o`��RY�%%'';., JAC6IUELYN MAL[70NAD0
_°;' •"= Notary PubliC, State of Texas acq ely aldo� ado, Notary Public
;,y., :�� My Commission Expires
', o� '' May 1 B, 2013 y comm sion ex ' es May 18, 2013
'+i� IF �E`�.
I111111���
I, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy
of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolution of the Board of Directors, set
out in the Power of Attorney are in full force and effect.
Given under my hand and the seal of said Company at Houston, Texas this��_ day of �__l�--'�� P'•��
�
� I'
M. Brent Beaty, Assistant Secretary
Any instrument issued in excess of the penalty stated above is totally void and without any validity.
For verification of the authority of this power you may call (T13) 812-0800 any business day between 8:00 am and 5:00 pm CST.
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SureTec Insurance Comp�ny
THIS BONQ RIDER CONTAINS II�PORTANT. COVERAGE INFORMATION
5ta�utory Complaint Notice
To obtairi infprmation or make a complaint: You may cal.l the Surety's toll free telephone number for information or to
make a coinplaint at: 1-866-732-0099. You may also write to the Surety at: �
SureTec Insur�nce Company
9737 Great Hilis Trail, Suite 320
Austin, Tx 78759
You may contact the Texas Departmerit of Insuranc� to obfain information on�companies, cov�rage, rights or
complaints at 1-800-252-3439. You may write the Texas Depaitment of lnsurance at
PO Box 7 49104
Austin, TX 787149104
Fax#: 512-475-1771
� , Web; http:/lwww.tdi.state.tic.us
� Email: ConsumerProtection�tdf.state.tx.us
PREMIUM DR CLAIM DISPUTES: Should you have a dispute concerning your premium or.about a claim, you sfibuld
contact the Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance.
Terrorism Risks Exctusion
The Bond to wliic� �this Rider is attached does not provide coverage for, and the su�ety shall not be liabie for, losses
caused by acts of terrorism, riot, civil insurrection, or acts of war. �� �
Revised 3-2008