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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 DocuSign Envelope ID: D6FC60FC-3287-44A1-A860-7E8E304750C2 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 DocuSign Envelope ID: D6FC60FC-3267-44A1-A860-7E8E304750C2 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 Contract 6390 DocuSign Envelope ID: D6FC60FC-3267-44A1-A860-7E8E304750C2 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, Contract 6390 DocuSign Envelope ID: D6FC60FC-3267-44A1-A860-7E8E304750C2 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 Contract 6390 DocuSign Envelope ID: D6FC60FC-3267-44A1-A860-7E8E304750C2 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. Contract 6390 DocuSign Envelope ID: D6FC60FC-3267-44A1-A860-7E8E304750C2 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 DocuSign Envelope ID: D6FC60FC-3287-44A1-A860-7E8E304750C2 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 DocuSign Envelope ID: D6FC60FC-3267-44A1-A860-7E8E304750C2 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. Contract 6390 DocuSign Envelope ID: D6FC60FC-3267-44A1-A860-7E8E304750C2 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. Contract 6390 DocuSign Envelope ID: D6FC60FC-3267-44A1-A860-7E8E304750C2 • 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 Contract 6390 DocuSign Envelope ID: D6FC60FC-3267-44A1-A860-7E8E304750C2 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. Contract 6390 DocuSign Envelope ID: D6FC60FC-3267-44A1-A860-7E8E304750C2 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 Contract 6390 DocuSign Envelope ID: D6FC60FC-3267-44A1-A860-7E8E304750C2 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 Contract 6390 DocuSign Envelope ID: D6FC60FC-3267-44A1-A860-7E8E304750C2 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$9 46 P�t77 y4oseo�itbolerPf, 4 Actual 32,14 188,021 43,609 283,779 00C " t1 --A) —+Ge (A) "C) tK) Expeed 93,710 1813021 42,280 324 Oil ARAP IFLAitAP > trip ", ,NtAARAP faeiars 1.00 NOTICE - THIS IS A PRELIMINARY MObiPlCATION� COMPLETE PAYROLL AND LOSS DATA HAVE BEEN APPLIED TO CURRENT RAT VALUES BUT A FINAL MODIFICATION CANNOT BE PROMULGATED UNTIL PENDING RATE FILING HAS BEEN APPROVED FOR THE STATES IDENTIFIED WITH AN " ABOVE, RATING REFLECTS A DECREASE OF 70% MEDICAL ONLY PRIMARY AND EXCESS LOSS DOLLARS WHERE ERA IS APPLIED. THE ARAP FACTOR SHOWN IS FOR THOSE. STATES CONTAINED ON THIS RATING THAT HAVE APPROVED THE ARAP PROGRAM AND IS CALCULATED BASSO ON THE STATE WITH THE HIGHEST APPROVED MAXIMUM ARAP SURCHARGE, THE MAXIMUM ARAP SURCHARGE MAY VARY BY STATE. PLEASEREFER TO EACH STATeS APPROVED RULES FOR THE APPLICABLE MAXIMUM ARAP SURCHARGE, DocuSign Envelope ID: D6FC60FC-3267-44A1-A860-7E8E304750C2 >+ s c R & t47 Z5 — 116 U. ca^c s� 00 U � HIE C fa Sgulci mv7ca m U+aQa� ct.coa2 t eo.a UO3*a2 U4n a 0 O .0 _.t o a 11 LR LL M LL SO a; , c0 co N w N Im m SSS S$ s w (0 co S0 {0 S0 H =' 04N N c4iN w rvN 00 d'CC CO a LO Q q 0 1- — N Cs S- SO un co W W ti 13$ tS7 oo "( t� Ty m r LL 0 t0 LL: "C O LL c ar 0 *- 1.L CN R ?a 0 C7 CL � ED O ui m C Q Com. U cm ($] y..?. o W q Q SJ C1 {^yj,, . tta !u � ❑q�`O �] ts�C � w � o cv ra ami �!!aS N} ti! f tiub w� 2�}jCc CJCj"p'� 00 C�+�N_ -. F^ K9 fJS' 9 . �C�S{{y � Z CO Com. Rte" ? . 1".""- l/9 C) t'r '�` u no c CO to ' CD L6 M c t,,� it) r Cg CV co CV r. N Cb CV CM 'w DocuSign Envelope ID: D6FC60FC-3267-44A1-A860-7E8E304750C2 M � 7E p U.R0 U O UM6 UM6 r LL C mU. N LL r_LL 1� O 7+ G m ?+ G Ci N C E3 C m m �., oC t4 }, C Citi m CL CiU Uv eu <0() <80 ""?U ,QOM ro U C }'� o C. C, $ CL Cs�'e <y asCL G C? U1 Ct U t 7 C1 Ct CIL +� as ! . o as E ' ctUco to N Ci N C] o z - tical cr) 0 LO O 0) It- e. � ; U�: r" Ef} ir) £9 E,c} V3, +Ef3 C�3 w LL w' 0 as z 9wcn CT>i— off~ y p �+ OQom.F (L ZCL� (- OC? �. OW V ,ff y..- yir a i Q1 r./ ,0Z 0..� 0 � y czzw= z wCc Zm0 0}cj ink<z (1) U. X� C. CO { z C3 0 ��-� CL WaC U �In azo °' u 0 �1 1•..to i 4L tiCD cs� 6 Oz Ow � q`�i � CI N P N •... cl ''� rr � F� O ro � G E 00 M 00 NV C4 e- O Cie~ -00p lt7 r C7 co tiS3 Q C� ��7 O 9 C) �' �' Ch N T- e- r �'' C�1� r g NCV c+� 0 Q C�CD 0 0 m C3 t�+'S U ca 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. 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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