2017-183FILE REFERENCE FORM 2017-183
X Additional File Exists
Additional File Contains Records Not Public, According to the Public Records Act
Other
FILE(S) Date Initials
Change Order 1- Ordinance No. 18-127 2/6/18 JR
Chan e Order 4- Ordinance No. 20-605 3/17/20 JR
*RDINANCE
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 proposal, and plans, and specifications therein;
NOW, THEREFORE,
SECTION 1. The following competitive bids for the construction of public works or
improvements, as described in the "Bid Invitation", "Bid Proposal", 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:
6390 C Ragle, Inc. $11,810,220.07 (the "Proposal")
constituteSECTION 2. That the acceptance and approval of the above competitive bid shall not
# between the City and the person submittingbid forconstruction of such
public works, or improvements herein accepted and approved, until such person shall comply with
all requirements specified in the Notice to Bidders including the timely execution of a written
contract and furnishing of performance and payment bonds, and insurance certificate after
notification of d of the ♦ ♦.
SECTION 3. That the City Manager is hereby authorized to execute all necessary written
with the bid 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.
lm��WVMSMV407 M40,751011
authority to take any actions that may be required or permitted to be performed by the City of Denton
under IFB 6390 C 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 the
approved bid and authorized contract executed pursuant thereto.
SECTION 6. That this ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of �� ��.. 2017.
°l'°�fijX'�YOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: L
APPROVED AS TO LEGAL FORM:
AARON LEAL, INTERIM CITY ATTORNEY
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Docusign City Council Transmittal Coversheet
IFB
6390
File Name
Bonnie Brae Widening Project PH I
Purchasing Contact
Karen smith
City Council Target Date
6/20/17
Contract Value
$11,810,220.07
Piggy Back Option
N/A
Contract Expiration
N/A
Ordinance
2017-183
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CONTRACT BY AND BETWEEN
CITY OF DENTON, TEXAS AND RAGLE, INC.
(IFB 6390)
STATE OF TEXAS
§ COUNTY OF DENTON §
THIS AGREEMENT, made and entered into this date lune 20, 2017 by and
between City of Denton of the County of Denton and State of Texas, acting through
Todd Hileman thereunto duly authorized so to do, hereinafter termed "OWNER," and _Ragle, Inc.,
P.O. Box 1130, Euless, TX 76039 of the City of Euless, County of Tarrant, 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:
IFB #6390 — BONNIE BRAE WIDENING PROJECT, PHASE I
in the amount of Eleven Million Eight Hundred Ten Thousand Two Hundred Twenty and 07/100
Dollars ($11,810,220.07) and all extra work in connection therewith, under the terms as stated in
the General Conditions of the agreement; and at his (or their) own proper cost and expense to
furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and
other accessories and services necessary to complete the work specified above, in accordance with
the conditions and prices stated in the Proposal and the Performance and Payment Bonds, attached
hereto, and in accordance with all the General Conditions of the Agreement, the Special
Conditions, the Notice to Bidders (Advertisement for Bids), and Instructions to Bidders, as
referenced herein and on file in the office of the Purchasing Agent, and in accordance with the
plans, which includes all maps, plats, blueprints, and other drawings and printed or written
explanatory matter thereof, and the Specifications therefore, as prepared by:
Graham Associates. Inc.
all of which are referenced herein and made a part hereof and collectively evidence and constitute
the entire contract.
INDEPENDENT STATUS/NO JOINT VENTURE
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
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specifications at the general direction of the City Manager of the City of Denton, Texas, or his
designee under this agreement.
Further, nothing in this Agreement shall be construed or interpreted to make OWNER and
CONTRACTOR partners or joint venturers, or to make one an agent or representative of the other.
INDEMNIFICATION
CONTRACTOR COVENANTS AND AGREES TO AND DOES HEREBY
INDEMNIFY, HOLD HARMLESS AND DEFEND, AT ITS OWN EXPENSE, OWNER,
ITS OFFICERS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL
CLAIMS 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, ARISING OUT OF THE
WORK 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, OR 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 THE
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
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.
RIGHT TO AUDIT
The OWNER shall have the right to audit and make copies of the books, records and
computations pertaining to this agreement. The CONTRACTOR shall retain such books, records,
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documents and other evidence pertaining to this agreement during the contract period and five
years thereafter, except if an audit is in progress or audit findings are yet unresolved, in which case
records shall be kept until all audit tasks are 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 City 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 final printed document.
PAYMENT AND PERFORMANCE BONDS
Contractor will be required to furnish original performance and payment bonds for one hundred
(100%) percent of the total submission price before work is to commence. The Contractor shall
assume all costs in increasing the bond limits if change orders are formally approved. Bonds shall
be in accordance with the V.T.C.A Government Code Section 2253.021, as amended, from a surety
licensed to do business in the State of Texas.
Bond forms are attached and shall be returned upon notice of contract award by the City. Bonds
should be forwarded to the City of Denton within fourteen (14) calendar days from contract
award. This contract is not fully executed until payment and performance bonds are received and
accepted by the City. Upon approval, a purchase order will be issued.
LIQUIDATED DAMAGES
The time of the completion of construction of the project is of the essence of the contract. Should
the Contractor neglect, refuse, or fail to complete the construction within the time agreed upon,
after giving effect to extensions of time, if any, herein provided, then, in that event and in view of
the difficulty of estimating with exactness damages caused by such delay, OWNER shall have the
right to deduct from and retain out of such money which may be then due or which may become
due and payable to the Contractor the sum of FIVE HUNDRED and no/100 DOLLARS ($500.00)
per day for each and every day, including weekends, that such construction is delayed on its
completion beyond the specified time, as liquidated damages and not as a penalty. If the amount
due and to become due from OWNER to the Contractor is insufficient to pay in full any such
liquidated damages, the Contractor shall pay to OWNER the amount necessary to effect such
payment in full. Provided, however, that OWNER shall promptly notify the Contractor in writing
of the manner in which the amount is retained, deducted, or claimed as liquidated damages was
computed. For computation of extensions of time, the Contractor shall provide OWNER written
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notice of each day construction is delayed or prevented, and the reason therefore.
FORCE MAJEURE
OWNER and CONTRACTOR shall not be in default or otherwise liable for any delay in, or failure
of, performance under this Agreement if such delay or failure arises by any reason beyond its
reasonable control, including any act of God, any acts of the common enemy or terrorism, the
elements, earthquakes, floods, fires, epidemics, or riots. However, neither the lack of funds, nor
the lack of reasonably planning shall be deemed to be a reason beyond a parry's reasonable control.
The Parties will promptly inform and consult with each other as to any of the above causes, which
in their judgment may or could be the cause of a delay in the performance of this Agreement, and
each party shall use commercially reasonable best efforts to limit delays on its part.
CONSTRUCTION ACCEPTANCE
Following initial construction, OWNER shall provide a written "Final Punch List" to
CONTRACTOR. CONTRACTOR shall acknowledge receipt of the Final Punch List and notify
OWNER, within five (5) business days, of any requirements CONTRACTOR deems inconsistent
with OWNER's Standard Specifications. OWNER and CONTRACTOR shall strive to agree on
items to be included in the Final Punch List and any corrections shall be made at that time. When
the Final Punch List is complete for the entire project, a letter of acceptance will be issued by
OWNER. No deviations will be allowed unless approved in writing by OWNER.
SEVERABILITY
If any term or provision of this Agreement is held by a court to be illegal, invalid, or unenforceable,
the legality, validity, or enforcement of the remaining terms or provisions of this Agreement shall
not be affected thereby, and in lieu of each illegal, invalid, or unenforceable term or provision
there shall be added automatically to this Agreement a legal, valid, or enforceable term or provision
as similar as possible to the term or provision declared illegal, invalid, or unenforceable.
ASSIGNABILITY
OWNER and CONTRACTOR agree that this Agreement may not be assigned without the prior
written consent of the other party due to the special covenants, nature, and subject matter of this
Agreement.
NO WAIVER
The failure of OWNER or CONTRACTOR to insist, on any occasion, upon strict performance of
any provision of this Agreement will not be considered to waive the obligations, rights, or duties
imposed upon the Parties. No waiver of any breach or violation of any term of this Agreement
shall be deemed or construed to constitute a waiver of any other breach or violation, whether
concurrent or subsequent, and whether of the same or of a different type of breach or violation.
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EXHIBITS
All Exhibits to this Agreement are incorporated herewith by reference for all purposes, wherever
reference is made to the same.
NO THIRD -PARTY BENEFICIARIES
This Agreement is not intended to, and does not create rights, remedies, or benefits of any character
whatsoever in favor of any persons, corporations, associations, or entities other than the Parties
hereto and their permitted successors -in -interest; and the obligations herein undertaken and
assumed are solely for the use and benefit of the Parties, their permitted successors -in -interest, and
any permitted assigns pursuant to the terms and provisions of this Agreement.
PARAGRAPH HEADINGS AND CONSTRUCTION OF AGREEMENT
The descriptive headings of this various articles and sections of this Agreement have been inserted
for the convenience of reference only, and are to be afforded no significance in the interpretation
or construction of this Agreement, which shall not be construed either more or less strongly against
or for either Party.
IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year
and day first above written.
OWNER
CITY OF DENTON
5DocuSigned 6y:
BY: U Ri"ala,
'TODI' MLT -MAN
CITY MANAGER
CONTRACTOR
RAGLE, INC
DocuSigned by:
BY: r
1 ZED AGENT
Troy Ragle
NAME
vice President
TITLE
Contract 6390
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817-285-6060
PHONE NUMBER
tragle@ragleinc.com
EMAIL ADDRESS
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
DocuSig ned by:
46D—
APPROVED AS TO LEGAL FORM:
AARON LEAL, INTERIM CITY ATTORNEY
17 DocuSigned by:
5972538AC4584139...
Contract 6390
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Certificate of Interested Parties Electronic Filing
In 2015, the Texas Legislature adopted House Bill 1295, which added section 2252.908 of the
Government Code. The law states that the City may not enter into this contract unless the
Contractor submits a disclosure of interested parties (Form 1295) to the City at the time the
Contractor submits the signed contract. The Texas Ethics Commission has adopted rules requiring
the business entity to file Form 1295 electronically with the Commission.
Contractor will be required to furnish an original notarized Certificate of Interest Parties
before the contract is awarded, in accordance with Government Code 2252.908.
The contractor shall:
1. Log onto the State Ethics Commission Website at:
htlps://www.ethics.state.tx.us/whatsnew/elf info forml295.htm
2. Register utilizing the tutorial provided by the State
3. Print a copy of the completed Form 1295
4. Enter the Certificate Number on page 2 of this contract.
5. Sign and notarize the Form 1295
6. Email the notarized form to purchasing,cityofdenton.com with the contract number in the
subject line. (EX: Contract 1234 — Form 1295)
The City must acknowledge the receipt of the filed Form 1295 not later than the 30th day after
Council award. Once a Form 1295 is acknowledged, it will be posted to the Texas Ethics
Commission's website within seven business days.
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INSURANCE REQUIREMENTS AND
WORKERS' COMPENSENTATION REQUIREMENTS
Upon contract execution, all insurance requirements shall become contractual obligations, which the
successful contractor 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.
Contractor shall file with the Purchasing Department satisfactory certificates of insurance including
any applicable addendum or endorsements, containing the contract 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, 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 or better.
Any deductibles or self-insured retentions shall be declared in the 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 claims covered under the policy and that this insurance applies separately
to each insured against whom claim is made or suit is brought. The inclusion of more than
one insured shall not operate to increase the insurer's limit of liability.
• Cancellation: City requires 30 day written notice should any of the policies described on the
certificate be cancelled or materially changed before the expiration date.
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 claims made after expiration of the contract shall be covered.
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• 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:
[X] A. General Liability Insurance:
General Liability insurance with combined single limits of not less than $1,000,000.00 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] Automobile Liability Insurance:
Contractor shall provide Commercial Automobile Liability insurance with Combined Single
Limits (CSL) of not less than $500,000 either in a single policy or in a combination of basic and
umbrella or excess policies. The policy will include bodily injury and property damage liability
arising out of the operation, maintenance and use of all automobiles and mobile equipment used
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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 Workers' Compensation insurance which, in addition to
meeting the minimum statutory requirements for issuance of such insurance, has Employer's
Liability limits of at least $100,000 for each accident, $100,000 per each employee, and a $500,000
policy limit for occupational disease. The City need not be named as an "Additional Insured" but
the insurer shall agree to waive all rights of subrogation against the City, its officials, agents,
employees and volunteers for any work performed for the City by the Named Insured. For building
or construction projects, the Contractor shall comply with the provisions of Attachment 1 in
accordance with §406.096 of the Texas Labor Code and rule 28TAC 110.110 of the Texas Workers'
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 $500,000.00 combined bodily injury and
property damage per occurrence with a $1,000,000.00 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 $1,000,000.00 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.
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ATTACHMENT 1
[X] Workers' Compensation Coverage for Building or Construction Projects for
Governmental Entities
A. Definitions:
Certificate of coverage ("certificate") -A copy of a certificate of insurance, a
certificate of authority to self -insure issued by the commission, or a coverage
agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory
workers' compensation insurance coverage for the person's or entity's employees
providing services on a project, for the duration of the project.
Duration of the project - includes the time from the beginning of the work on the
project until the contractor's/person's work on the project has been completed and
accepted by the governmental entity.
Persons providing services on the project ("subcontractor" in §406.096) - includes all
persons or entities performing all or part of the services the contractor has
undertaken to perform on the project, regardless of whether that person contracted
directly with the contractor and regardless of whether that person has employees.
This includes, without limitation, independent contractors, subcontractors, leasing
companies, motor carriers, owner -operators, employees of any such entity, or
employees of any entity which furnishes persons to provide services on the project.
"Services" include, without limitation, providing, hauling, or delivering equipment or
materials, or providing labor, transportation, or other service related to a project.
"Services" does not include activities unrelated to the project, such as food/beverage
vendors, office supply deliveries, and delivery of portable toilets.
B. The contractor shall provide coverage, based on proper reporting of classification
codes and payroll amounts and filing of any overage agreements, which meets the
statutory requirements of Texas Labor Code, Section 401.011(44) for all employees
of the Contractor providing services on the project, for the duration of the project.
C. The Contractor must provide a certificate of coverage to the governmental entity prior
to being awarded the contract.
D. If the coverage period shown on the contractor's current certificate of coverage ends
during the duration of the project, the contractor must, prior to the end of the coverage
period, file a new certificate of coverage with the governmental entity showing that
coverage has been extended.
E. The contractor shall obtain from each person providing services on a project, and
provide to the governmental entity:
1. a certificate of coverage, prior to that person beginning work on the project, so
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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 mail or
personal delivery, within 10 days after the contractor knew or should have known, of
any change that materially affects the provision of coverage of any person providing
services on the project.
H. The contractor shall post on each project site a notice, in the text, form and manner
prescribed by the Texas Workers' Compensation Commission, informing all persons
providing services on the project that they are required to be covered, and stating how
a person may verify coverage and report lack of coverage.
L The contractor shall contractually require each person with whom it contracts to
provide services on aproject, to:
1. provide coverage, based on proper reporting of classification codes and payroll
amounts and filing of any coverage agreements, which meets the statutory
requirements of Texas Labor Code, Section 401.011(44) for all of its employees
providing services on the project, for the duration of the project;
2. provide to the contractor, prior to that person beginning work on the project, a
certificate of coverage showing that coverage is being provided for all employees
of the person providing services on the project, for the duration of the project;
3. provide the contractor, prior to the end of the coverage period, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of the project;
4. obtain from each other person with whom it contracts, and provide to the contractor:
a. a certificate of coverage, prior to the other person beginning work on the project;
and
b. a new certificate of coverage showing extension of coverage, prior to the end of
the coverage period, if the coverage period shown on the current certificate of
coverage ends during the duration of the project;
5. retain all required certificates of coverage on file for the duration of the project and
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for one year thereafter;
6. notify the governmental entity in writing by certified mail or personal delivery,
within 10 days after the person knew or should have known, of any change that
materially affects the provision of coverage of any person providing services on the
project; and
7. Contractually require each person with whom it contracts, to perform as required
by paragraphs (1) - (7), with the certificates of coverage to be provided to the person
for whom they are providing services.
By signing this contract or providing or causing to be provided a certificate of
coverage, the contractor is representing to the governmental entity that all employees
of the contractor who will provide services on the project will be covered by workers'
compensation coverage for the duration of the project, that the coverage will be based
on proper reporting of classification codes and payroll amounts, and that all coverage
agreements will be filed with the appropriate 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.
Contract 6390
DocuSign Envelope ID: D6FC60FC-3287-44A1-A860-7E8E304750C2
IFB 6390 - Pricing Sheet for Construction of South Bonnie Brae Street Widening and Improvements
Phase I
I
Respondent's Name:
Ragle, Inc
II
Principal Place of Business (City and State)
Dallas, Texas
III
Respondent is a Corporation, Partnership, sole Proprietorship, Indvidual?
Corporation
IV
Total calendar days after Notice to Proceed is issued by City for substantial
675
V
Project start:
Saturday, July 01, 2017
Paving Improvements Pricing:
Item
Spec No.
iDescription
Quantity
Unit
Unit Price
Total
1
TS -1
MOBILIZATION
1
L.S.
$
1,105,000.00
$
1,105,000.00
2
TS -2
CAPITAL IMPROVEMENT SIGNS
3
EA.
$
450.00
$
1,350.00
3
201.3
EROSION CONTROL SWPPP
1
L.S.
$
372,000.00
$
372,000.00
4
202.2
TOPSOIL IMPORTED (LANDSCAPE MIXED SOIL)
10,569
S.Y.
$
1.50
$
15,854.10
5
202.2
ITOPSOILNATIVE
38,487
S.Y.
$
0.79
$
30,404.89
6
202.5
BLOCK SODDING
3,792
S.Y.
$
4.50
$
17,064.00
7
202.6
HYDROMULCH WITH SEED
109,477
S.Y.
$
0.40
$
43,790.80
8A
203.3
PREPARING R.O.W.
69
STA.
$
16,000.00
$
1,104,000.00
813
203.4
REMOVE EXISTING BRIDGE SUBSTRUCTURE
2
EA.
$
5,000.00
$
10,000.00
9
203.4
1EXCAVATION
10,626
C.Y.
$
6.50
$
69,069.00
10
203.4
REMOVE EXISTING ASPHALT PAVING
6,330
S.Y.
$
3.00
$
18,990.00
11
203.7
EMBANKMENT
74,304
C.Y.
$
1.80
$
133,747.20
12
203.7
BACKFILL
48
STA.
$
285.00
$
13,680.00
13
301.2
12" LIME SLURRY (54LB/SY)
729.7
TON
$
145.00
$
105,806.50
14
301.2
8" LIME SLURRY (40LB/SY)
17.3
TON
$
145.00
$
2,508.50
15
301.2
12" LIME TREATED SUBGRADE
27,020
S.Y.
$
3.00
$
81,060.00
16
301.2
8" LIME TREATED SUBGRADE
866
S.Y.
$
6.50
$
5,629.00
17
301.5
ROADBED BASE
15
C.Y.
$
150.00
$
2,250.00
18
303.2
CONCRETE PAVEMENT 6"
209
S.Y.
$
45.00
$
9,405.00
19
303.2
ICONCRETE PAVEMENT 8"
778
S.Y.
$
50.00
$
38,900.00
20
303.2
CONCRETE PAVEMENT 10"
1,488
S.Y.
$
55.00
$
81,840.00
21
303.2
CONCRETE PAVEMENT 11"
19,274
S.Y.
$
56.00
$
1,079,344.00
22
303.9
2" TYPE "C" A.C.P
4,410
S.Y.
$
12.45
$
54,904.50
23
303.9
4" TYPE "B" A.C.P.
1,338
S.Y.
$
21.15
$
28,298.70
24
303.9
7" TYPE "B" A.C.P.
3,072
S.Y.
$
36.00
$
110,592.00
25
305.1
18" CONCRETE RIBBON CURB
1,855
L.F.
$
18.00
$
33,390.00
26
305.1
MONO CURB
71468
L.F.
$
2.50
$
18,670.00
27
305.2
5' SIDEWALK (4")
1,985
S.Y.
$
39.00
$
77,415.00
28
305.2
5.5' SIDEWALK
321
S.Y.
$
42.00
$
13,482.00
29
305.2
1 CURB RAMPS TYPE I
2
EA.
$
1,125.00
$
2,250.00
30
305.2
CURB RAMPS TYPE III
9
EA.
$
850.00
$
7,650.00
31
305.4
CONCRETE SHEET HEADER
240
L.F.
$
50.00
$
12,000.00
32
801.1
BARRICADES, SIGNS & TRAFFIC HANDLING
1
L.S.
$
75,000.00
$
75,000.00
32A
801.1
CONSTRUCTION DETOUR
1
L.S.
$
50,000.00
$
50,000.00
Contract 6390
DocuSign Envelope ID: D6FC60FC-3287-44A1-A860-7E8E304750C2
IFB 6390 - Pricing Sheet for Construction of South Bonnie Brae Street Widening and Improvements
Phase I
I
Respondent's Name:
Ragle, Inc
33
496 TxDOT REMOVE DRIVEWAY CULVERTS
1
EA.
$
650.00
$
650.00
34
528 TxDOT 4" STAMPED AND STAINED CONCRETE
1,378
S.Y.
S
52.00
S
71,656.00
35
528 TxDOT 8" STAMPED AND STAINED CONCRETE
54
S.Y.
S
72.00
S
3,888.00
36
528 TxDOT 10" STAMPED AND STAINED CONCRETE
70
S.Y.
$
95.00
$
6,650.00
37
528 TxDOT 11" STAMPED AND STAINED CONCRETE
127
S.Y.
S
95.00
S
12,065.00
38
TS -3
HAUL OFF UNCOMPACTABLE MATERIAL OFFSITE
100
LOAD
$
75.00
$
7,500.00
39
TS -4
HAUL OFF OF LANDFILL QUALITY MATERIAL
100
LOAD
$
75.00
$
7,500.00
40A
TS -5
JOB TRAILER (PROVIDING POWER, PHONE, INTERNET AND OFFICE
CAPABILITY, TO BE LOCATED ON JOB SITE)
1
L.S.
S
40,000.00
S
40,000.00
40B
801.4
GATEFORFENCE
1
EA.
$
1,050.00
$
1,050.00
40C
801.4
BARBED OR SMOOTH WIRE FENCE
1,872
L.F.
S
12.00
S
22,464.00
Paving Total
S
4,998,768.19
Storm Drainage Proposal Pricing:
Item
Spec No.
Description
Unit Price
Total
41
201.15
Erosion Control Blanket
21,239
S.Y.
$
1.25
$
26,548.75
42
203.5
Channel Excavation
109,904
C.Y.
$
3.56
$
391,258.24
43
203.7
Embankment
29,563
C.Y.
$
1.80
$
53,213.40
44
501.6
18" RCP (CL III)
21016
L.F.
S
50.00
$
100,800.00
45
501.6
21" RCP (CL III)
110
L.F.
$
55.00
$
6,050.00
46
501.6
24" RCP (CL III)
275
L.F.
$
70.00
$
19,250.00
47
501.6
27" RCP (CL III)
111
L.F.
$
73.00
$
8,103.00
48
501.6
30" RCP (CL III)
86
L.F.
$
83.00
$
7,138.00
49
501.6
36" RCP (CL III)
172
L.F.
S
108.00
$
18,576.00
50
501.6
42" RCP (CL III)
352
L.F.
$
145.00
$
51,040.00
51
501.6
5'X 4' RCB
158
L.F.
$
250.00
$
39,500.00
52
502.6
Bevel Pipe 18" RCP to Match Slope
1
EA.
$
800.00
$
800.00
53
502.6
Bevel Pipe 21" RCP to Match Slope
1
EA.
$
820.00
$
820.00
54
502.6
Bevel Pipe 24" RCP to Match Slope
1
EA.
$
1,020.00
$
1,020.00
55A
502.6
Bevel Pipe 30" RCP to Match Slope
1
EA.
$
1,250.00
$
1,250.00
55B
502.6
Bevel Pipe 36" RCP to Match Slope
1
EA.
$
1,650.00
$
1,650.00
56
502.6
Bevel 5'x 4' RCB to Match Slope
1
EA.
$
3,000.00
$
3,000.00
57
502.12
10' Recessed Curb Inlet
20
EA.
$
3,600.00
$
72,000.00
58
502.12
3' x 3' "Y" Inlet
4
EA.
$
3,000.00
$
12,000.00
59
502.12
Type M Manhole
18
EA.
$
3,125.00
$
56,250.00
60
502.12
"FW -0" Wingwalls
1
EA.
$
8,000.00
$
8,000.00
61
502.12
"CH -FW -O" Headwall
2
EA.
$
4,000.00
$
8,000.00
62
504.1
Trench Safety
3,280
L.F.
$
1.00
$
3,280.00
63
504.6
Cement Stabilized Backfill
52
C.Y.
$
80.00
$
4,160.00
64
803.3
5" Class "A" Concrete Rip -Rap
4,945
S.Y.
$
50.00
$
247,250.00
65
803.3
12" Grouted Rock Rip -Rap
360
S.Y.
$
45.00
$
16,200.00
66
1 803.3
18" Grouted Rock Rip -Rap
4,499
S.Y.
$
40.00
$
179,960.00
67
467 TxDOT 42" Safety End Treatment Type II (4:1) (C)
1
EA.
S
3,750.00 1
S
3,750.00
Contract 6390
DocuSign Envelope ID: D6FC60FC-3267-44A1-A860-7E8E304750C2
IFB 6390 - Pricing Sheet for Construction of South Bonnie Brae Street Widening and Improvements
Phase I
I
Respondent's Name:
Ragle, Inc
68
467 TxDOT 18" Safety End Treatment Type II (4:1) (P)
2
EA.
$
550.00
$
1,100.00
69
496 TxDOT Remove Existing Headwall
2
EA.
$
750.00
$
1,500.00
70
496 TxDOT Remove Existing Storm Pipe
32
L.F.
$
20.00
$
640.00
Storm Drainage Total
S
1,344,107.39
Bridge Proposal Pricing:
Item
Spec. No iDescription
Quantity
Unit
Unit Price
Total
71
416 TxDOT DRILLED SHAFT (18")
236
L.F.
$
50.00
$
11,800.00
72
416 TxDOT DRILLED SHAFT (36")
1,064
L.F.
$
125.00
$
133,000.00
73
416 TxDOT DRILLED SHAFT (48")
1,108
L.F.
$
180.00
$
199,440.00
74
420 TxDOT CL "C" CONCRETE (ABUT) (HPC)
177.0
C.Y.
$
705.00
$
124,785.00
75
420TxDOT CL "C" CONCRETE (BENT) (HPC)
933.1
C.Y.
$
705.00
$
657,835.50
76
420 TxDOT CL "S" CONCRETE (APPR SLAB) (HPC)
246.8
C.Y.
$
400.00
$
98,720.00
77
OMITTED
$
78
422 TxDOT REINFORCED CONCRETE SLAB (HPC) (CL S)
97,423
S.F.
$
14.75
$
1,436,989.25
79
425 TxDOT PRESTRESSED CONCRETE BEAM (TY Tx40)
2,339.5
L.F.
$
140.00
$
327,530.00
80
1425 TxDOT PRESTRESSED CONCRETE BEAM (TY Tx54)
9,284.0
L.F.
$
140.00
$
1,299,760.00
81
428 TxDOT CONCRETE SURFACE TREATMENT (CLII)
15,585.8
S.Y.
$
2.43
$
37,873.49
82
442 TxDOT STRUCTURAL STEEL (MISCELLANEOUS) (BRIDGE)
1,848
LB.
$
10.00
$
18,480.00
83
450 TxDOT RAIL (TY C223) (HPC)
3,090
L.F.
$
95.00
$
293,550.00
84
450 TxDOT RAIL (TY PRI)
3,090
L.F.
$
64.00
$
197,760.00
85
454 TxDOT SEALED EXPANSION JOINT (4IN) (SEJ-A)
450
L.F.
$
75.00
$
33,750.00
86A
528 TxDOT 6" STAMPED AND STAINED CONCRETE
764
S.Y.
$
60.00
$
45,840.00
86B
400 TxDOT CEM STABIL BKFL (BEHIND ABUTMENT)
574
C.Y.
$
80.00
$
45,920.00
Bridge Total
S
4,963,033.24
Roeselawn Signals Proposal Pricing:
Item
Spec No. Description
Quantity
Unit
Unit Price
Total
90
618 TxDOT Conduit 2" PVC
234
L.F.
$
14.00
$
3,276.00
91
618 TxDOT Conduit 3" PVC
289
L.F.
$
20.00
$
5,780.00
92
618 TxDOT Conduit 4" PVC
245
L.F.
$
22.00
$
5,390.00
93A
618 TxDOT Riser with Sweeping 2" 90 degree elbow and plug
7
EA.
$
85.00
$
595.00
94A
618 TxDOT Riser with Sweeping 3" 90 degree elbow and plug
4
EA.
$
125.00
$
500.00
95
624 TxDOT Ground Boxes TY CBX (no concrete apron)
6
EA.
$
985.00
$
5,910.00
Roselawn Signals Total
S
21,451.00
Striping & Signage Proposal Pricing:
Item
Spec No. Description
Quantity
Unit
Unit Price
Total
130
804.2 TYPE IB DOUBLE LINE *
1,352
L.F.
$
1.00
$
1,352.00
131
804.2 TYPE IB EDGELINE
417
L.F.
$
1.50
$
625.50
132
804.2 TYPE IIIA BARRIER LINE
1,555
L.F.
$
0.75
$
1,166.25
133
804.2 1 TYPE IA BROKEN LINE *
8,729
L.F.
$
0.50
$
4,364.50
134
804.2 TYPE VA STOP BAR
213
L.F.
$
5.00
$
1,065.00
135
804.2 1 TYPE IA BROKEN LINE C/R RPM
238
EA.
$
2.50
$
595.00
Contract 6390
DocuSign Envelope ID: D6FC60FC-3267-44A1-A860-7E8E304750C2
IFB 6390 - Pricing Sheet for Construction of South Bonnie Brae Street Widening and Improvements
Phase I
I
Respondent's Name:
Ragle, Inc
136
804.2
TYPE IIIA BARRIER LINE C/R RPM
157
EA.
$
2.50
$
392.50
137
804.2
TYPE IB DOUBLE LINE A/A RPM
47
EA.
$
2.50
$
117.50
138
804.2
TYPE IB DOTTED LINE
405
L.F.
$
2.00
$
810.00
139
804.2
WORD, WHITE, PER LETTER
4
EA.
$
120.00
$
480.00
140
804.2
1 SYMBOL, WHITE, ARROW
4
EA.
$
80.00
$
320.00
141
644 TxDOT SMALL SIGN ASSEMBLY
18
EA.
$
250.00
$
4,500.00
Striping & Signage Total
S
15,788.25
Street Light Proposal Pricing:
Item
Spec No.
Description
Quantity
jUnit
Unit Price
Total
142
805.3
PULL BOX
16
EA.
$
905.00
$
14,480.00
143
805.3
35' WHITE CONCRETE STREET LIGHT POLE
34
EA.
$
4,155.00
$
141,270.00
144
805.3
2" P.V.C. CONDUIT
4,257
L.F.
$
9.00
$
38,313.00
145
805.3
2" RIGID METAL CONDUIT
2,966
L.F.
$
34.00
$
100,844.00
146
805.3
STREET LIGHT POLE FOUNDATION
34
EA.
$
755.00
$
25,670.00
147
805.3
250W COBRAHEAD FIXTURE
34
EA.
$
2,085.00
$
70,890.00
148
805.3
#8 BARE STREET LIGHT CONDUCTOR
7,474
L.F.
$
2.50
$
18,685.00
149
805.3
#8 INSULATED STREET LIGHT CONDUCTOR
14,948
L.F.
$
2.50
$
37,370.00
150
628 TxDOT ELECTRIC SERVICE
2
1 EA.
$
9,775.00
$
19,550.00
Street Light Total
S
467,072.00
Total Base Bid
$
11,810,220.07
Contract 6390
In the event of the ,award of a contract " to the" ;undersigned, the. undersigned 'will furnish a
performance on. and a pay nefit bond ;for the full " amount of the contract, to secure proper "
compliance with the terms olid prarisions of the contract; to insure and guarantee the work until
final completion and acceptance, and to rguarantee payrne It for all lawful claims for "labor"
perfarinedAn materials furrriiished in; the fulfillment of the contract.
It"is understood that the work proposed to be done shall be accepted, when fully completed and
finished in accordance ,with plans and specifications; to the satisfaction of the" engineer.
The undersignedcerfafies that the" bid prices contained in this l ropo;sa"have b"een carefully `
cheeke j pp- are subrrii to"d as correct and final.
Unit
an lurrip swn :pxices asshown for each item Iiste`d" in this proposal shall control" oyer
extensions. "
Tlae undersigned agrees tkiis, bid becozries the property of the City of Denton after the official
"opening:
The undersigned affirms that they, are duly authorized to ekeeute this contract.
Vendor hereby assigns to purchany aser and all claims for . overcharges associated with this
contract which arise under the antitrust laws of the C7hited States, 15t7SCA Section 1 et se and > "
which arise under the antitrust laws ofthe State of Texas; Tex. Bus. 8i Cam• Code, Section' 15:41
et `sea•
DocuSign Envelope ID: D6FC60FC-3267-44A1-A860-7E8E304750C2
DocuSign Envelope ID: D6FC60FC-3267-44A1-A860-7E8E304750C2
C(yN' ) Ott
tttttt46/tRlg7I1'llet _
e�tt
"r
BY
S�
1993
o
�¢sI its,
Stmt Address
City and State
Seat & Authorization
(If a Corporation) 43 t "4 - Z.'n - (o b g L
Telephone
XXII P4
P•0 "
DocuSign Envelope ID: D6FC60FC-3267-44A1-A860-7E8E304750C2
VENDOR COMPLIANCE TO STATE LAW
The 1985 Session of the Texas Legislature passed House Bill 620 relative to the award of
contracts to non=resident bidders. This law provides that, in order to be awarded a contract as
low bidder, non-resident bidders (out-of-state contractors whose corporate offices or
principal place of business are outside of the State of Texas) bid projects for construction,
improvements, supplies or services in Texas at an amount lower than the lowest Texas
resident bidder by the same amount that a Texas resident bidder would be required to
underbid a non-resident bidder in order to obtain a comparable contract in the state in which
the non-resident's principal place of business is located. The appropriate blanks in Section A
below must be filled out by all out-of-state or non-resident bidders in order for your bid to
meet specifications. The failure of out-of-state or non-resident contractors to do so will
automatically disqualify that bidder. Resident bidders must check the blank in Section B.
A. Non-resident bidders in (give state), our principal place of
business, are required to be percent lower than resident
bidders by state law. A copy of the statute is attached.
Non-resident bidders in (give state, our principal place of
business, are not required to underbid resident bidders.
B. Our principal lace of business or corporate offices- are in -the State of
Texas:
BIDDER:
lC
Company
BY -�
Street Address
lei
City and State
THIS FORM MUST BE RETURNED WITH YOUR BID.
P - '10
DocuSign Envelope ID: D6FC60FC-3267-44A1-A860-7E8E304750C2
CONTRACTOR COMPLIANCE TO TEXAS SALES TAX CODE
Comply with all requirements of the Texas Sales Tax Code. The Contractor hereby certifies
that the Contract Amount is divided as follows:
Materials incorporated in the Project $ 4'g? 000.00
(resold to the Owner as defined in Tax Code)
All other charges and costs $ 7 3 25,
Total $
The total must equal the total amount of the Contract, based on the Base Bid.
CONTRACTOR:
- 1-� a q1 ( C—
Cornpan
BY rTr l
Street Address
&V\lffosS -TX —)(oO�7)QI
City and State
THIS FORM SHALL BE EXECUTED AT THE TIME OF THE CONTRACT AND
SHALL BE MADE A PART OF THE CONTRACT.
P-11
DocuSign Envelope ID: D6FC60FC-3287-44A1-A860-7E8E304750C2
FORM CIQ
CONFLICT OF INTEREST QUESTIONNAIRE
For vendor doing business with local governmental entity
This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session.
OFFICE USE ONLY
Date Received
This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who
has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the
vendor meets requirements under Section 176.006(x).
By law this questionnaire must be filed with the records administrator of the local governmental entity not later
than the 7th business day after the date the vendor becomes aware of facts that require the statement to be
filed. See Section 176.006(a-1), Local Government Code.
A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An
offense under this section Is a misdemeanor:
1 Name of vendor who has a business relationship with local governmental entity.
2 ❑Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated
the filing authority not later than the 7th business day after the date on which
completed questionnaire with appropriate
you became aware that the originallyfiled questionnaire was incomplete or inaccurate.)
3 Name of local government officer about whom the Information is being disclosed.
DJ �'
Name of Officer
41 Describe each employment or other business relationship with the local government officer, or a family member of the
officer, as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer.
Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form
CIQ as necessary.
tJ
A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income,
other than investment income, from the vendor?
Yes F� No
B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction
a family member of the officer AND the taxable income is not received from the
of the local government officer or
local governmental entity?
FJ Yes F] No N ,�
6 Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or
other business entity with respect to which the local government officer serves as an officer or director, or holds an
ownership interest of one percent or more.
6
❑Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts
described in Section 176.003(a-1).
as described in Section 176.003(a)(2)(B), excluding gifts
7
Signature of vendor doing business with the governmental entity Date
Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11!30!2015
CIQ-I
DocuSign Envelope ID: D6FC60FC-3287-44A1-A860-7E8E304750C2
Document A310 TM - 2010
Conforms with The American Institute of Architects AIA Document 310
Bid Bond
CONTRACTOR: SURETY:
(Name, legal status and address) (Name, legal status and pHnciped place ! f litainexv)
Fidelity and Deposit Company of Maryland
Ragle, Inc. 1299 Zurich Way This ant
onult
nces.Cas
Schaumburg, IL 60196-1056 legalc consequences.
P O Box 444 9. legal'consequences. Consultation.
Newburgh, IN 47629-0444 Mailing Address for Notices with an attorney is encouraged
1299 Zurich Way with respect to Its completion or
y modification.
OWNER:
(Nmue, legalstatusandaddrnrrs) Schaumburg, IL 60196-1056
Any singular reference to
Cit of DentonTX Contractor, Surety, Owner or
City , other party shall be considered
901-B Texas Street plural where applicable.
Denton, TX 76209
BOND AMOUNT: 5% Five Percent of Amount Bid
PROJECT:
(Mame• location oraddmss andilrgjecinumb or, tfagtj
IFB 6390 South Bonnie Brae Widening and Improvements - Phase
The Contractor and Surety are bound to the Owncr in the amount set forth above, for the payment of which tho Contractor and Surety bind
themselves. their heirs, executors, administrators, successors and assigns, jointly and severally, as provided herein. The conditions of this
Bond arc such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents, or within such time period
as may be agreed to by the Owner and Contractor, and the Contractor either (1) enters into a contract with the Oi nter in accordance with
the terms of such bid, and gives such bond or bonds as may be specified in the bidding or Contract Documents, with a surety admitted in
the jurisdiction of the Project and otherwise acceptable to the Owner, for the faithful performance of such Contract and for the prompt
payment of labor and material furnished in the prosecution thereof, or (2) pays to the Owner the difference, not to exceed the amount of
this Bond, between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another
party to perlbrnn the %vork covered by said bid, theft this obligation shall be null and void, otherwise to remain in Vull lime and ellect.'The
Surety hereby waives any notice ol'an agreement between (he Owner and Contractor to extend the (line in which the Owner may accept the
bid. Waiver ol'notice by the Surety shall not apply to any extension exceeding sixty (60) days in tite aggregate beyond the time for
acceptance of bids specilied in the bid documents, and (he Owner and Contractor shall obtain the Surety's consent for an extension beyond
sixty (60) days.
If this Bond is issued in connection with a subcontractor's bid to a Contractor, the tern Contractor in this Bond shall be deemed to be
Subcontractor and the term Owner shall be deemed to be Contractor.
When this Bond has been furnished to comply with a statutory or other legal requirement in the location ol`the project, any provision in
this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions coniimning to such
statutory or other legal requirement shall be deemed incorporated herein. When so limtished, the intent is that (his Bond shall be constfued
as a statutory bond atd not as a common law bond.
Signed and scaled this 18th day of April, 2017. n
��iq, C+ In C
`
Ragle, Inc r
(Prtincipal f ; ��,U rl'�% (Seal)
!
(117r►lessl - ��
]a� Fidelity and- ep&5it•Compa of Maryland
�"/ ` �p�HnLi�:
(ti1lrY�tj� y, q;x`•(aSe!! vF
1
4
(Ji'itlress) i 11390
*V
By.II)AA
(Title) DebraHLRs ttorney-tn- act,,,
S•0054/AS 8i10
DocuSign Envelope ID: D6FC60FC-3267-44A1-A860-7E8E304750C2
Bond Number Bid Bond
Obligee: City of Denton, TX
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New
York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland, and the FIDELITY
AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein' collectively called the "Companies"), by
Michael P. Bond, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are
set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute,
and appoint Debra Hutts 'its true and lawful agent and Attorney -in -Fact, to
make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the
execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all
intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN
INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN
CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND
DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons.
The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of
the By -Laws of said Companies, and is now in force.
IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said
ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and
FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 22°a day of July, A.D. 2015.
ATTEST:
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
Vol"
•PON.hBBAL
By. Michael P. Bond tie w"�"
Vice President �''w,,,,*„„.•
By.: Eric D. Barnes
Secretary
State of Maryland
County of Baltimore
On this 22nd day of July, A.D. 2015, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, Michael P.
Bond, Vice President and Eric D. Barnes, Secretary of the Companies, to me personally known to be the individuals and officers described in and who
executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and saith, that he/she is the said officer of
the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and
the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written.
Constance A. Dunn, Notary Public
My Commission Expires: July 9, 2019
DocuSign Envelope ID: D6FC60FC-3267-44A1-A860-7E8E304750C2
EXTRACT FROM BY-LAWS OF THE COMPANIES
"Article V, Section 8, Attorneys -in -Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President
may, by written instrument under the attested corporate seal, appoint attomeys-in-fact with authority to execute bonds, policies,
recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such
attorney-in-fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any
time."
CERTIFICATE
I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN
CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the
foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of
the By -Laws of the Companies is still in force.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of
Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998.
RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary
and the Seal of the Company may be affixed by facsimile on any Power of Attorney—Any such Power or any certificate thereof bearing such
facsimile signature and seal shall be valid and binding on the Company."
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of
Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of
May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a
meeting duly called and held on the 10th day of May, 1990.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature
of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a
certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect
as though manually affixed.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies,
this 18th day of April , 2017
mom
BEAL
Gerald F. Haley, Vice President
TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT ALL REQUIRED
INFORMATION TO:
Zurich American Insurance Co.
Attn: Surety Claims
1299 Zurich Way
Schaumburg, IL 60196-1056
0`,
DocuSign Envelope ID: D6FC60FC-3287-44A1-A860-7E8E304750C2
EQUIPMENT LIST
RTX-DZ02
6GN02164
715800 ICAT
D51VI Dozer GPS
RTX-DZ05
T0450JX117934
715750 106
JD 450J LGP
RTX-DZ03
HDC00267
715921
ICAT D613 III XW GPS
RTX-DZ04
E210217
771005
JD 850K
RTX-WL01
E648006
771002
JD 644K
RTX-WL02
CAT0928HJCXK01728
715452
CAT 928H
RTX-WTO1
1M1AA14Y22W147752
753551
Mack CH613 4000G Water Truck
RTX-ST02
1M2AG10Y13M003333
753150
Mack CV713(Tri/A) Red Semi
RTX-WT02
2FWBAYDCXSAV34252
753552
1 Sterling 4000 GAL Water Truck
RTX-BK06
CAT0420EJDAN00883
715715CAT:420E
RTX-BK03
CAT042OEVHLS07742
755406
CAT 420E IT(has windows)
RTX-BK04
CAT0424FTJW00972
715691
CAT 420E IT
RTX-BKO5
CAT0420FJWJ01292
715692
1 CAT 420F IT
RTX-SK04
KWBO1367
718340
113 CAT 279 C2 XPS
RTX-SK03
CAT0279CKKWBO1459
718330
113 CAT 279C XPS
RTX-SK05
CAT0279CLKWBO1369
718310
1 CAT 279 C2
RTX-SK01
RT210900020711
771004
Gehl RT210
RTX-SK02
188802
718300
New Holland LS 180
RTX-BRO1
2052 / 404519
718370
Broce RJ350
RTX-BR02
405200
718371
Broce RJ350
RTX-BR03
89316
718360
Broce RJ350
RTX-BR04
406044
715361
Broce RJ350
RTX-CN02
15320
771001
Terex RT6650
RTX-CN03
12203
ITerex RT230
RTX-ML01
560x11-21953
I Genie S -60X Telescopic Boom Lift
RTX-PV01
900100-864
717716
CMI Texture and Cure
RTX-PV04
900800
717714
Span -it Work Bridge
RTX-PV03
907500007
717713
Gomaco C-750 Deck
RTX-PVO5
508-706
717717
Gomaco Placer
RTX-PV02
905800-052
717715
Gomaco Commander III
RTX-PV06
900801-001-0002
717700
Gomaco C-450 Deck
RTX-RL04
166772
716600
Ingersoll-Rand SDR70 (66") -
RTX-RL01
CNT01339
716603
CAT 563E Padfoot
RTX-RL03
25V43-10109
771006
Sakai SV510T (84")
RTX-RL02
177813
716604
Ingersoll-Rand SD116DX (84")'
RTX-RL05
2362BR2368
716605
Dynapac CP271 Compactor
RTX -R 06
3SV24-40191
716700
Sakai SV410 Single Drum Compactor (66")
-
;RTX-TM02
XLBE641723
771000
JD 772
526228
717020
CMI 425
5491000
717021
CMI 450
M' 24 127,67 ' t90a87B 83 202iC19,608 44,404I Zz7,pus ZC,aw
•1 " 23 13;82 19,154 6,13 ; 0 46,800 0 4
21 43A Bi,5Q6 24,376 0 52250 497 497
ilkk , .: Lo�l11 I� � �. ,x�'Li>it., r. ,. � Lossts.� ;;Losiss°t!"I � ►� r� , �<a..r,. � ti,<> 3 ,
1$3,8". 277 93,7yR 589.605 ,4"75 221,764 32F1$9
46
P�t77
y4oseo�itbolerPf,
4
Actual 32,14 188,021 43,609 283,779
00C " t1 --A) —+Ge (A) "C) tK)
Expeed 93,710 1813021 42,280 324 Oil
ARAP IFLAitAP > trip
", ,NtAARAP
faeiars 1.00
NOTICE - THIS IS A PRELIMINARY MObiPlCATION�
COMPLETE PAYROLL AND LOSS DATA HAVE BEEN APPLIED TO CURRENT RAT
VALUES
BUT A FINAL MODIFICATION CANNOT BE PROMULGATED UNTIL PENDING RATE
FILING HAS BEEN APPROVED FOR THE STATES IDENTIFIED WITH AN " ABOVE,
RATING REFLECTS A DECREASE OF 70% MEDICAL ONLY PRIMARY AND EXCESS LOSS
DOLLARS WHERE ERA IS APPLIED.
THE ARAP FACTOR SHOWN IS FOR THOSE. STATES CONTAINED ON THIS
RATING THAT HAVE APPROVED THE ARAP PROGRAM AND IS CALCULATED
BASSO ON THE STATE WITH THE HIGHEST APPROVED MAXIMUM ARAP
SURCHARGE, THE MAXIMUM ARAP SURCHARGE MAY VARY BY STATE.
PLEASEREFER TO EACH STATeS APPROVED RULES FOR THE
APPLICABLE MAXIMUM ARAP SURCHARGE,
DocuSign Envelope ID: D6FC60FC-3267-44A1-A860-7E8E304750C2
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Certificate Of Completion
Envelope Id: D6FC60FC32B744AlA8607E8E30475OC2
Subject: City Council Docusign Item - 6390
Source Envelope:
Document Pages: 31 Signatures: 4
Supplemental Document Pages: 0 Initials: 0
Certificate Pages: 6
AutoNav: Enabled Payments: 0
Envelopeld Stamping: Enabled
Time Zone: (UTC -06:00) Central Time (US &
Canada)
Record Tracking
Status: Original
6/12/2017 2:23:40 PM
Signer Events
Karen E. Smith
karen.smith@cityofdenton.com
Interim Purchasing Manager
City of Denton
Security Level: Email, Account Authentication
(Optional)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Troy Ragle
tragle@ragleinc.com
Vice President
Security Level: Email, Account Authentication
(Optional)
Electronic Record and Signature Disclosure:
Accepted: 6/15/2017 9:28:32 AM
ID:fe93f1cd-ffb1-4cbe-8382-344f1fca8d4e
Jennifer DeCurtis
jennifer.decurtis@cityofdenton.com
Deputy City Attorney
City of Denton
Security Level: Email, Account Authentication
(Optional)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Julia Winkley
julia.winkley@cityofdenton.com
Contracts Administration Supervisor
City of Denton
Security Level: Email, Account Authentication
(Optional)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Holder: Karen E. Smith
karen.smith@cityofdenton.com
Signature
Completed
Using IP Address: 129.120.6.150
IDocUUulISig���ppngqed0���b''y��:,,
B7565AED34Fl...
Using IP Address: 67.79.197.242
[D11USign1d,1Y:
5972538AC4584B9...
Using IP Address: 129.120.6.150
Using IP Address: 129.120.6.150
Status: Completed
Envelope Originator:
Karen E. Smith
karen.smith@cityofdenton.com
IP Address: 129.120.6.150
Location: DocuSign
Timestamp
Sent: 6/12/2017 2:27:50 PM
Viewed: 6/12/2017 2:28:04 PM
Signed: 6/12/2017 2:29:06 PM
Sent: 6/12/2017 2:29:08 PM
Resent: 6/13/2017 4:12:19 PM
Viewed: 6/15/2017 9:28:32 AM
Signed: 6/15/2017 9:35:18 AM
Sent: 6/15/2017 9:35:22 AM
Viewed: 6/15/2017 10:26:54 AM
Signed: 6/15/2017 10:27:02 AM
Sent: 6/15/2017 10:27:05 AM
Viewed: 6/15/2017 10:42:02 AM
Signed: 6/21/2017 8:44:24 AM
SetUR9a
Signer Events
Signature
Timestamp
Todd Hileman
[D-Sig"Id ly:
°��aU
Sent: 6/21/2017 8:44:28 AM
todd.hileman@cityofdenton.com
Viewed: 6/21/2017 9:13:29 AM
City Manager Mana
6776C7116A6D454
Signed: 6/21/2017 9:13:35 AM
City of Denton
Security Level: Email, Account Authentication
Using IP Address: 129.120.6.150
(Optional)
Electronic Record and Signature Disclosure:
Accepted: 2/8/2017 6:52:51 PM
ID:8154723a-9757-4d53-a4b5-794656233671
Jennifer Walters ly: Sent: 6/21/2017 9:13:37 AM
jennifer.walters@cityofdenton.com EDII"Sil"Id
L�" Viewed: 6/21/20172:35:07 PM
City Secretary C5BFAFC1821946DSigned: 6/21/2017 2:35:48 PM
City of Denton
Using IP Address: 129.120.6.150
Security Level: Email, Account Authentication
(Optional)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Julia Winkley OPIED Sent: 6/15/2017 9:35:20 AM
julia.winkley@cityofdenton.com Viewed: 6/15/2017 9:40:17 AM
Contracts Administration Supervisor
City of Denton
Security Level: Email, Account Authentication
(Optional)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Sherri Thurman
sherri.thurman@cityofdenton.com L COPIE
Security Level: Email, Account Authentication
(Optional)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Jane Richardson
jane.richardson@cityofdenton.com
Assistant City Secretary
City of Denton
Security Level: Email, Account Authentication
(Optional)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Robin Fox
Robin.fox@cityofdenton.com OPIE
Security Level: Email, Account Authentication
(Optional)
Electronic Record and Signature Disclosure:
Sent: 6/15/2017 9:35:21 AM
Sent: 6/21/2017 8:44:27 AM
Viewed: 6/21/2017 8:48:03 AM
Sent: 6/21/2017 8:44:27 AM
Carbon Copy Events Status
Accepted: 10/9/2015 1:39:51 PM
ID:04463961-03db-4c4d-9228-d660d6146ed6
Jennifer Bridges
jennifer.bridges@cityofdenton.com L COPIED
Procurement Assistant
City of Denton
Security Level: Email, Account Authentication
(Optional)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Jane Richardson
jane.richardson@cityofdenton.com OPIED_j
Assistant City Secretary
City of Denton
Security Level: Email, Account Authentication
(Optional)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Noreen Housewright
noreen.housewright@cityofdenton.com L COPIED__]
Senior Transportation Engineer
City of Denton
Security Level: Email, Account Authentication
(Optional)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Annie Bunger
annie.bunger@cityofdenton.com OPIE
Security Level: Email, Account Authentication
(Optional)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Notary Events
Envelope Summary Events
Envelope Sent
Certified Delivered
Signing Complete
Completed
Signature
Status
Hashed/Encrypted
Security Checked
Security Checked
Security Checked
Timestamp
Sent: 6/21/2017 2:35:51 PM
Sent: 6/21/2017 2:35:53 PM
Viewed: 7/3/2017 9:59:59 AM
Sent: 6/21/2017 2:35:55 PM
Viewed: 6/21/2017 3:54:05 PM
Sent: 6/21/2017 2:35:56 PM
Viewed: 6/21/20172:38:39 PM
Timestamp
Timestamps
6/21/2017 2:35:56 PM
6/21/2017 2:35:56 PM
6/21/2017 2:35:56 PM
6/21/2017 2:35:56 PM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
Electronic Record and Signature Disclosure created on: 4/20/2015 9:25:38 AM
Parties agreed to: Troy Ragle, Todd Hileman, Robin Fox
ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, City of Denton (we, us or Company) may be required by law to provide to
you certain written notices or disclosures. Described below are the terms and conditions for
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STATE OF TEXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS: That Ra lg e Inc.. ,whose address is P.O.
hereinafter called Principal, and Fidelity gfld WQ
q y!�Lp mml / Colonied Ararcr icaii Casualt agd�Surcty!(.'o_pil : Lny , a corporation organized and
existing under the laws of the State ofl l!lrcl, 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 Eleven Million F.i. gglint 1-1pti.0r d Ten Tho rrsrarid Two l-luildred Twent
w�
'rrad 07/100 DOLLARS ($11,810,220,07), ), 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. The amount of this Bond shall automatically be increased by any
Change Order or Supplemental Agreement, however, increases to this bond and the Contract
price shall not exceed twenty-five (25) percent in the aggregate of the original authorization
contract amount, in accordance with Texas Local Government Code 252.048, 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 IFB # 6390, with the City of Denton, the Owner,
dated the _20th day of June A.D. 2017, for IFB # 6390- Bonnie Brae Wid g Pr 1, I trase I:
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 two (2) years 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.
Contract # 6390
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 Dallas ___'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 two copies, each one of which
shall be deemed an original, this the _20th_ day of _____ June , 2017
ATTEST__
P, V
�I
BY:
dry,
.0 11 I A Y
ATTEST:
PRINCIPAL
Ra lie, Inc S LL-
'
BY: 3
SURETY
Fidelity and Deposit Company of Maryland
Colonial American Casualty and Surety
Company
BY: _...
BY:
John B.
l" �I:.......... ,.
)o�.Ng .�s, �^I1�1-FACT
The Resident Agent of the Surety for delivery of notice and scrvibe A ll° e process is:
NAME: John Nevsr--�...,
STREET ADDRESS: 5057 Keller Springs Road, Addison TX 75001
(NOTE. Date of Performance Bond must be date of Contract. If Resident Agent is not a
corporation, give a person's name.)
Contract # 6390
STATE OF TEXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS: That R,agle, whose address is P.O.
Box 1130, Euless, TX 76039,, hereinafter called Principal, and Eider and Deposit CgUn) i1y _()f
i
r l�q d / Colollial American mmC asualparm!y and ty... Q" Rll a�n a corporation organized and
existing under the laws of the State of Maryland, 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 Eleven
w
Million ill a.n Eiht g Hundred Ten l ]� � �1o1Nsand Two Hundred Twenty and 07/100 DOLLARS
(+ lmU 1 t) X2(1 yg 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.
The amount of this Bond shall automatically be increased by any Change Order or Supplemental
Agreement, however, increases to this bond and the Contract price shall not exceed twenty-five
(25) percent in the aggregate of the original authorization contract amount, in accordance with
Texas Local Government Code, Section 252.048, 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 IFB # 6390, with the City of Denton, the Owner,
dated the _20th day of June A.D. 2017, for IFB # 6390- Bonnie Brae Widening Pro'ec� t, Phase I
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.
Contract # 6390
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 Dallas County to whom any requisite notices may be delivered and on
whom service of process may be had in matters arising out of such surety, as provided by Article
7.19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas.
IN WITNESS WHEREOF, this instrument is executed in four copies, each one of which
shall be deemed an original, this the _20th day of June , 2017 .
ATTEST:
BY:ze-
S°ARY r°
ATTEST:
6g64$ 16,886866868 r8N
PRINCIPAL /"'
pvP0RA�
I
BY. c �'
1: E lI v�.) a PNI..
d����6*�686'MCPF 68 p6eq P8 bW hgb��'���µ,
SURETY
Fidelity and Deposit Company of Maryland
Colonial American Casualty and Surety
Companv
BY:
John B,
The Resident Agent of the Surety for delivery of notice and service of the process is:
NAME: John. N
STREET ADDRESS: 5057 Keller Springs Road, Addison TX 75001
(NOTE: Date of Payment Bond must be date of Contract. If Resident Agent is not a
corporation, give a person's name.)
Contract # 6390
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
POWER OF ATTORNEY
01111YM 11 IMI WN EAUMZIL41 NNIMMOWWAN Q Lai WK4J UV I V1 I
01 RAWALSION 14YAWKWINIM3 X W00 01RISILMNIAN 04910111
$10THM10VA1100TINIM's 21
Terre Haute, Indiana, EACH its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as
surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these
presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and
acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New
York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings
Mills. M rvland., and the re. ularly, elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings
Mills, Maryland., in their o n proper persons.
The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of
the By -Laws of said Companies, and is now in force.
IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said
ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and
FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 22nd day of November, A.D. 2016.
ATTEST:
11,10, 1�0 'AA u4i;&'
SEAL
By,
......... .. .....
Secretary Vice President
Michael McKibben Michael Bond
State of Maryland
County of Baltimore
On this 22nd day of November, A.D. 2016, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified,
MICHAEL BOND, Vice President, and MICHAEL MCKIBBEN, Secretary, of the Companies, to me personally known to be the individuals and officers
described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and saith, that
he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that
the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said
Corporations.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written.
ax AS4a0dd„r
Constance A. Dunn, Notary Public
POA -F 044-5130
EXTRACT FROM BY-LAWS OF THE COMPANIES
"Article V, Section 8, At ' ton - ic
' y.�,Jn Lac,,. The Chief Executive Officer, the President, or any Executive Vice President or Vice President
may, by written instrument under the attested corporate seal, appoint attomeys-in-fact with authority to execute bonds, policies,
recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such
attorney-in-fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any
time.
CERTIFICATE
1, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN
CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the
foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of
the By -Laws of the Companies is still in force.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of
Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1.998.
RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary
and the Seal of the Company may be affixed by facsimile on any Power of Attorney... Any such Power or any certificate thereof bearing such
facsimile signature and seal shall be valid and binding on the Company."
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of
Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of
May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a
meeting duly called and held on the 10th day of May, 1990.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature
of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a
certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect
as though manually affixed.
IN AS T1 N1 0. HAEREOF, I h_ave heretiow subscribed my name and affixed the corporate seals of the said Companies,
. .. ... . ................... 20
DUO,,
RAL
ILIFORMATION TO:
k
Zurich American Insurance Co,
Attn: Surety Claims
1.299 Zurich Way
Schaumburg, IL 60196-1056