2004-017OVO ANCE NO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS
CONTRACT FOR THE CONSTRUCTION OF AUSTIN STREET SEWER IMPROVEMENTS;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN
EFFECTIVE DATE (BID 3116-AUSTIN STREET SEWER IMPROVEMENTS AWARDED TO
FRIENDSHIP CONSTRUCTION, INC. IN THE AMOUNT OF $180,991).
WHEREAS, the City has solicited, received and tabulated competitive bids for the
construction of public works or improvements in accordance with the procedures of State law and
City ordinances; and
WHEREAS, the City Manager or a designated employee has received and recommended that
the herein described bids are the lowest responsible bids for the construction of the public works or
improvements described in the bid invitation, bid proposals and plans and specifications therein;
NOW, THEREFORE,
THE COUNCIl. OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the following competitive bids for the construction of public works or
improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on
file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto,
are hereby accepted and approved as being the lowest responsible bids:
BID
NUMBER
3116
CONTRACTOR
FfiendshipConstruction, Inc.
AMOUNT
$180,991
SECTION 2. That the acceptance and approval of the above competitive bids shall not
constitute a contract between the City and the person submitting the bid for construction of such
public works or improvements herein accepted and approved, until such person shall comply with all
requirements specified in the Notice to Bidders including the timely execution of a written contract
and furnishing of performance and payment bonds, and insurance certificate after notification of the
award of the bid.
SECTION 3. That the City Manager is hereby authorized to execute all necessary written
contracts for the performance of the construction of the public works or improvements in accordance
with the bids accepted and approved hereIn, provided that such contracts are made in accordance
with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms,
conditions, plans and specifications, standards, quantities and specified sums contained therein.
SECTION 4. 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 rinds in the manner and in the amount as specified in such
approved bids and authorized contracts executed pursu'ant thereto.
SECTION 5. That this ordinance shall become effective immediately upon its passage and
approval.
PASSED
AND APPROVED this the ~v~6rOtL day of ,%~/,(X~
,2004.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT~~ORNEY
3B_oL. Bia3116 - '~ '~'
CONTRACTAGR~k~tENT
STATE OF TEXAS §
COUNTY OF DENTON §
THIS AGR~P. MENT, made and entered inlo.this'. -
A,D., 2004, by and betwee~ city. nf, rx.~qml
of the County of nmtrl, a~d b-'tale of Texas, actlns lhtoegh Mtoh.el A f'nnrhlff
thereunto duly authorized so to do, herelnafte~ termed'~OWNt~," and
of the City of ne.t..
alld State of
WITNESSETH:
here~ mmfio~, to ~ ~ ~ ~M..by 'O~, ~ ,nder ~e co~ifiom
work ~ ~on ~r~; ~ ~e ~ ~ a~ ~ ~ ~ Con~tiom of ~e
a~t; ~ at ~ (or ~ek) o~ pro~ ~ ~ ~:~ ~sh ~ ~s, ~,
~ch~, ~t, ~, ~~, la~r, ~,~ o~ ~ssodes ~
s~ices n~ss~ m c~pl~e ~ ~k sp~ a~ve, ~ ~r~ ~ ~e ~n~fio~ ~d
pfi~ smt~ ~ ~e ~o~s~ a~ ~ ~ ~ ~ ~ ~e ~r~ Co~fio~
of ~e A~, ~e S~ ~om, ~e No~ to B~s (Adv~ for Bids),
~o~ to Bi~s, ~ ~ P~o~ ~d ~ B~, ~ ~ h~o, ~d ~
a~ora~e~ wi& ~e pl~, w~ ~ ~ ~s,';p~, .~, ~d o~m ~aw~gs ~d
p~t~ or ~n e~m~ ~ &~f; ~d ~:.~i~ ~cfore, ~ pr,~ by:
all of which are made a part hereof and collectively evidence and COnstitute the e~atire contract.
CA- i
Independent Status
It is mutually understood and a~reed by and between City and Conlractor that
Contractor is an indcpendont conlractor and shall notbe 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 Con, actor or any employee
of Contractor, and it is expressly understood, thnt Cenlra~)r shall perform the services
hereunder according to the attached specifications at the geneaal direction of the City Manager
of the City of Denton, Texas, or his designee under this a~reament.
Con. actor shall .,~t does hereby a~ree ~o inda.~i~y .and hold harmless thc City of
Denton from any and all ~, loss, or liability of any ldmt whatsoever, by reason of injury
to property or third persons occasioned by any e~ror, omission or negligent ac~ of Conlractor,
its officers, agents, employees, invitees, and other persons for whom it is legally liable, with
regard to the performance of this A~mnent. and Conmmtor will, at its cost and expense,
defend and protect the City of Denton ag~i~ any ami all such claims and demands,
Choice 'of Law and V,mue
This agreeme~ shall be'governed by the hw of the Siate of Texas and yenue for its
construction and enforcement shall lie in the courts of Denton County, Texas.
The CONTRACTOR hereby a~rees to co.,.~ence WOrk on or after the date established
for thc start of work as set forth in written notice,to ~ work and complete all work
within file time s~ed in the Proposal. subject m such extensions Of time as are provided by thc
G-enc~al and Special Conditions. .
Thc OWNER a~recs to pay ~he CONTRACTOR in current funds the price or prices
shown in the Proposal, which forms a pan of ~is con~ract, such paymems to be subject to the
General and Special Conditions-of the Contract,
CA- 2
IN WITNF.~ WHEREOF, ~he parties of these.presenis have executed this a~.eement
in the year and day first above written.
A~['TF.~T: ' D
o
APPROVED AS TO FORM:.
CITY ATro~
MAILING ADDR.ESS
PHONE)NUMBER
;i'1'i~1~
PRiNTED.NAME 1,._'
(SEAL)
CA ~3
CITY OF DENTON
INSURANCE REQUIREMENTS FoR CONTRACTORS
Bidder's attention i~ directed to the btmrance retjvtlmment~ l~ow. It it higMy recommended
tliat bidde~ confer with thetr respecti~e t~ttranee ~ or brohere to determine in
advanco of Bid eubmi~n the ~availab~ of.hmmmce: c~es and endorsemm a~
prescribed and provlded'lurrein. If an apparent iow ~ faiit to comply strictly with the
insurance requirements, that bidder may be di~,~nttfu~d~mn:aword of the contract. Upon
ldd award, all insurance re~tbmmmts eltail, beco..me ce~ obligations which the
encceeefut bidder eludl ltave a duty to mainta~.thn~hont tht'canr~e of tl~ contract.
STANDARD PROVISIONS:
Without limiting any of the other obltgution~ or. liablli~e~ :Of.the Contractor, the Contractor
shall provide and maintain until'the contracted work ha~ been cotnPleted and accepted by the
City of Denton, Owner, the minimum insurance ~erage a~indl~ed hereinafter.
As soon as practicable after no~ficutfon of bid award, Contractor shall file with the
Purchasing Department satfsfactory certificutee of insurance, cordaining the bid number and
title of the project. Contractor may, upon written reqne~t tothe~Purchasing Department, a~k
for clarification of arty insurance requirerner~ at any time: ~, Contractors are strongly
advised to make such requeste prior to bid ap~rdng,* eince the insurance requirements may not
be modified or waived after bid opening unless a 'written exceptian has' been submitted with the
bid. Contractor sludl not commence any work er deli~r.a~J material until he or eke
receives notificotion tlmt the contract ires been accej~ed,, apJ~rOVed, and eigned by the City of
Denton. *
All insurance policies proposed or obtained in satisfaction of ti~ e *requirements shall comply
with the following general epeciflcotions, and ~hall be maintal~ tn compliance with these
general specifications throughout the duration Of the~Contracti or longer, if so noted:
· Each policy shall be issued by a company authorized to do business ia tbe State of
Texas with an A.M. Best Company rating olat least A.
Any deducU'oles or self-insured retentions aha11 b~ ~ ia the bid proposal. If
rexluested by the City, the iusttrer shall red~ ot:':e!tmin~te such deductibles or
self-insured retentions · with respect to · the City,
officials, agents, employees and volunteers; or~ 6ae:.c°at/actor shall procure a bond
guaranteeing paymc~ of 16sses and related invesfigafious;.:claim administration and
defense expenses. : :
· Liability policie~ sho]l be endorsed to provide the foliowing:
Name as additional h~red the City of Denton, its Officials, Agents,
~loyces a~d volun~s.
That such ilisurav.~ is p~.imory to ally othe~ illaurance available to the
additional insured with respect to clslm.~ covered under the policy and that
this insurance applies separately to each insured agslnot whom claim is made
or auk is brought. The inclusi~m of more th~ one insurad shall not operate
to in~es~ thc ilisu~er's ilmit of l~lity.
· All policies s~ol] be endorsed to P.E~ID:
*SAID POLICY SI~4LL NOT BE CANC~,r.~.D, NONRENEW~D OR
MATI~RI~Lr.Y CHANGE WITHOUT $0 DAY~ ADVANCED WRHTF, N
NOTICE BEING GIVEN TO THR OWNER (CITY) I~XCEPT WrlRN THE
POLICY 15 BEING CANCI~t.L~D FOR NONPAYMENT OF PREMIUM IN
CASE 10 DAYS ADV.,~CE WP~z~ NOFICE IS
Should any of the required insurance be provided nnaer a form of coverage that
includes a general annual aggregate limit providing for clolms investigation or legal
defense costs to be included in the gem~ral onmmi aggregate limit, the Conlractor
shall either double the occurrence limits 0£: Obtain Owners and Contractors
Protective Liability Insurance.
Should any required insurance hpse during the com~ract term, .requests for
payments originating after such hl)se 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 i~m'ance is not.xei~atated, City may, at its sole option,
termi~ote this a/re~nent effective on thedate of the lapse.
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS:
All insurance policies proposed or obtained in sa~sfactgon of this Contract shall additionally
comply with the following mar~d ~pedfica~ions, and shall b~ tnaOttained in compliance with
these n4~it~onal spedfications throughout the duration of the Contract, or longer, if so noted:
IX ] A. General Liability Insurance:
General Liability insurance with combined single-limits of not less th~
$l.a~o.~ · shall be provided and mahtained by the Contractor. The
policy shall be written on an occurrence basis either in a single policy or in a
combination of nnderlyin~ and umbrella or excess pOlicies.
If the Cc ...... crcial General Liability form (ISO Form CG 0001 current edition) is
tx !
· Coverage A ~hn11 incinde premi.qes, operaliom, products, ami completed
operations, independent conlractors, contractual liability covering this
contract n~d broad form propet~~.damage coverage.
n Coverage B shaU include personal injury.
· Coverage C, medical paymems~ is not ~.
If the Comprehensive C-ene~al L'mbility form (L~O Form GL 0002 Current Edition
and ISO Form GL.O~04) is used, it shali inc~vo~at least:
· Bodily injury stat Property Dnm~ge Liability'for premises, operations,
products ami completed operations, indepeude~ co.factors and property
damage rcenlting fi'om explosion, collapse or underground (XCU)
exposures.
· Broad form contractual !isbility (preferablY by endorsement) covering this
comract, personal injury liability and broad form property damage
liability. .
Automobile LlabillW Insurance:
Contractor shall provide Commercial Automobile Liability insurance with Combined
Single Limits (CSL) of not less than Se~O;aqfi .eilher in a single policy or in a
combination of basic and umbrella or excess policies~. The policy will include bodily
injtu-y and property ~l~.rrmge liability arising out of tbe operalion, maintenance and use
of all automobiles and mobile equipment used in c6njU~ction with this conwact.
Satisfaction of the above requirement shall be in ~e former a policy endorsement for:
· ally auto, or
· all owned, hired and non-ownad autos.
[x ] Workers Compensafionlmarance
Contractor shall purchase and maintain Worker's ~afion insurance which, in
addition to meeting the mlnln~lm statutory reqtliti~lii/for ~ of ach insurallCe,
has Employer's Liability limb of at least $100,000 for each accident, $100,000 per
each employee, and a $500i000 policy limit for ocoupatkmai disease. The City need
not be named as an "Additional InsUred" but thc insur~ ,hsll agree to waive ail rights
of subrogation against the City, its officials, agents, ,employees and volunteers for any
work performed for the City by the Named Xnsured. :.For building or col~struction
projects, the Contractor shail'cbmplY with the provisions'of-Attachment 1 in accordance
with §406.096 of the Texas Labor Code aud:mle 28TAC 110.110 of the Texas
Worker's Compensation CO,.,~;ssion (TWCC) ' ·
[]
[]
£]
OwJ~eF'S and Con ~troc~rts Protective Liabilit7 Vns~rnnce
w~ch ~y ~e ~ ~ ~fion of ~e w~k ~ ~'S o~afions ~ ~
Additional Insurance
Other insurance n~y be required on an individual basis.for, extra hazardous conlracts.
and specific service agreemenIs. If such additional iusUmw~ is required for a specific
contract, that requirement Will be described in th~ "~ Conditions" of the contract
specifications.
A'I~rA6~NT 1
Worker's Compensation .Coverag~ for 'BuSdkg °r'constru~on Projects for
Governmental Entities
A. Definifion~:
Certificate of coverage ("cmific~')~A copy, of a certificate of insoranco, a
cenificae of atsho~ to self-i~re issued b~. I1~ co,,,,,,'m~, or a coverage
agreement (TWCC_~81, TWCC-82, TWCC-83, Twcc-84), showing statutory
workers' compemation insucance coverage for lheperson's or entity's employees
providing services ona project, for the duration of ~teproject.
Duration Of the project - includes the tim'~ fr0m tlie be~ifnnlng of the work on the
project unlil the contractor's/porsou's work on;the project has been completed and
accepted by the governmental entity,..
Persuns providing services on the project (~bou~trac~" in §406.09~) - includes
all persons or entities performing all or pan 'of. the-services the contractor has
undertaken to perfozr~ on the project, rcge~lless of'whether that person conuacted
directly with the conUactor and regardless of ~ that person has c~ut~loyees.
This includes, without tat~on,.i~lepmdent.~s, subcontractors, leasing
companies, motor carriers, own~opersm~, employees of any such entity, or
~loyees of any entity which furnishes pasons to Provide services on the project.
"Services" include, ..without limi~c~l,, providing, hauling, or . delivering
equipment or materials, or.pro~ling labor, trampmmion, or other service rela~d
to a project. "Services." does not include activities"u%lated to the project, such as
food/beverage vendors! office supply deliveries~ ~d delivery of portable toilets.
The conUactor shall provide coverage, basedon proper reporting of classification
codes and payroll amoums and filing of any overa~e agreement, which meets the
statutory requirements' of Texas Labor Code, Sccfion 401.011(44) for all
employees of the Contractor provldln$ services io~ the. project, for the duration of
the project.
C. The Comxactor must provide a .certificate of coverage,to the governmental entity
prior to being awarded the con~ac~..
If the coverage period shown on the contrectoris current certificate of coverage
ends during the duration of the project,, the conunc~must, prior to the end of the
coverage period, file a new certificate of coverage w~th the governmental entity
showing that coverage hn~ been extended.
The contractor shall Obtain from each per,on providing se~ices on a project, and
provide to the governmental enfily:
(1) · a certificate of coverage, prio~ to ~ person beg~ning work on the project,
so the gove~m~entai emily will have on file certificates of coverage showing
coverage for all persons providing services on the project; and
no later than seven days afte~ receipt by the'contractor, a new certificate of
coverage showing extension of coverage,:if the. coverage period s~own on the
current certificate of coverage an d~ during the duration of the project.
F. The contractor shall retain ~ll required certi6estes of coverage for the duration of
the project and for. one year thereai~r.
G. The contractor shall notify the govemnental entily;in writing by certified mall or
personal delivery, with~ 10 days afl~ the cou~t2~_-c~._r knew or should have known,
of any clmnge that m~erinlly affects the provision of coverage of any person
providiag services on the project. · '...; ·
H. The contractor shall post on each projectsite a nO~ce, .in the text, form and mal~ner
prescribed by the Texas Workers' Compemmtion Commi.*sion, informi,~$ all
persons providing services on the projec'tdutt theyare required to be covered, and
stating how a person may ve!'ify covet~ag· and report lack of coverage.
r The con==tur act y ith who= it to
provide service~ on a project, to: .
O)
provide coverage; based on proper reporting ~of classification codes and
· payroll amounts and filing of any .covernge: agreemeuts, which meets the
statutory requirements of Texas Labor Code,':-$ac6on 401,011(44) for all Of
its employees pro/riding services on the Project, for the duration of the
project;
(2)
provide to the co~mc~r, prior .to tim~ person t~.work on.the project,
a c.e~ficate of coverage showu~ lhat coverage is being prowded for all
umployees of the person providing s~rices on.lhe project, for the duration of
the project;
(3)'
provide the contra~or, priur to the end of tl~ coverage period, a new
cer0/i~cat_e of coverage showing ctumsion of:coverage, ff the coverage period
shown on the current certificate of coverage ends during the duration of the
project;
(4)
obtain from ~.h. other person With whom'it eontracts, and provide to the
contractor:
(a) a certificate of coveragc, prior to the other person beginning work on
the project; and
a new certificate of coverage showing ex ,t~nsion of coverage, prior to
the end of the coverage period, if the' coverage period shown on thc
current ce~dficate of coverage'ands during the duration of the project;
(~)
(6)
retain all required certificates of coverage on ~e for the duration of the
project and for one year thereafter;
notify tho govCrome~d enfiW in writ~ by certified msi! or personal
delivery, within 10 days after the person]mew or should have known, of any
chnnge that materially affects the provision of coverage of any person
providing services on the project; and
(7)
contractually requke each person with whom it contracts, to perform as
required by paml~aphs (1) - (7), with the certificates of coverage to be
provided to the person for whom they are providi%o services.
By si~tming this contract or providing or caasing :to be provided a certificate of
coverage, the comvsctor is repres.m~ to the governmental entity that all
employees of the coai~actor who will provide s~vices on the project will be
covered by workers' cumtgnsation coverage for the duration of the proj~.-t, ~ the
coverage will be based on prop~ reporfin~ of .classification codes and payroll
mounts, and that all coverage agreements wR1 be' filed with the appropriate
insurance carrier or, in the case ora seN-insured, with the commission's Division
of SeN-Insurance Regulation. Providing false or mi~eading information may
subject the contractor to sdmlni~trlltive p/~'D,~ties,: ~;,~,irml p~'~ti~S, 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 con. actor which cnfitles the governmen~l entity to declare the
contract void if the contractor does not remedy.the breach Within ten days after
receipt of notice of breach from file governmenlal entity.
Project Name
Austin Gtreet Sewer Improvements
Base Bid
BIQ TABULATION SHEET
Work Days 90
Bid No. 3116
P.O. No.
Unit Prtoo in Words
W$30 [Bmdc into E~i~ Man~ol~
Unit Primo In Words
Unit Ptfc~ In Words
~.bandon Manhole
. Unlt Prtce In Words
]$P3'/ [Excavation Pm~on
Unit Prim In Wo~
~P43 {~p~t Sawcut
U~t Pr[~ ~ Wo~
Unit Pflc~ In Words
[Demolish & P. emow Si .d~mlk & Drlvaw~," [..
Unit Prlc~ In Words
Prelect ~ame
Austin Street Sewer ImProvements
Base Bid
BID TABULATION SHEET
Days ~o
Bid No. 3116
P.O. No.
Unit Price ~n Words
BID SUMMARY
In the event of the award of a cc~'act to ~e undcrsi~; the undersigned will fumtqh a
performance bond and a payment bond for ~e full. amo~:0f the conuaci, to secure proper
cumyliance with the imms and IU. oviskms of ihe conlraci, ~oimme and guarautce the work until
f~ns! completion sna accep~,,w~,, and to i, uarantee payme~-' f~r all lawful claims for labor
~t is understood tha~ the Work pmpmcd to be d°ns shall, be."--'x-_,~pted, when f~lly completed and.
finished in accordance with file ~ and specifications, to the satisfaction of the Pn~eineer.
The undersigned certifies tbaI the bid prices cr,~i~ 'in tiffs proposal have been carefully
checked and are submieed as corfea and final.
Unit and lump sum prices as shown for each ~ ~ in this proposal ,~hnll conirol over
extensions.
Addendmn No. 1 dated
Addendum No. Il dated
Addendmn No. 3 dated
Addendum No. 4 dated
Addenchun No. 5 dated
Receipt is hereby acknowledged of the following adde~la m flieplsgs Ired specifications:
Seal & Authorization
Telephone
H:~Wss~weu~r ~Au~t~ St~t $~~Pl~OPO~L.doc
PERFORMANCEBO~ Bond # 4343202
STATE OF TEXAS §
COUNTY OF.DENTON §
KNOW ALL MEN BY TI~,SE PRESENTS: That
whose address i. ~rTfi ~ ~71 l~nrth Wt~rl'h. ~ '7~19& hel'~.in}l~ter called Principal, and
Suretec Insurance Company v'~ .. ' a corporation orgsniTed and
existing under the laws of the State of Texas , and'fully authorized to transact business in
the Sta{e of Texas, as Surety, are beld and firmly bonnd unto the City of Denton, a municipal
corporation organized and existing under the laws of the Slate of Texas, bereinat~er called
Owner, in the penal sum of
OOLLA S and ,n Cants or' m'as an
additional sum of money represenfinE_ additional court ¢~, attorneys' fees, and liquidated
dsmages al~ing 'out of or gomleeted with tho below idon~ Conll'act, in lawful money of the
United Stares, 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, succe~ors,
nmi assigns, jointly and severally, firmly by these presents. This Bond shall automatically be
increased by the amount of any Chsnge Order or Supplemental Agreement which increases the
Con~act price, but in no event shnl! a Change Order or Supplemental Agreement which
reduces the Contract price decrease the penal sum of this Bond.
THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the
Principal entered into a certain Contract, identified by Ordinance Number
with the City.....of Denton, 'the. Owner, dated the 9o~h ,tay of
A.D. ~noa ,~ a copy of which ,s hereto...attached ..a made a part hereof, for
NOW, THEREFORE, if the. Principal shall welt, truly and faithfully perform ~.d fulfill
all of the ~mdert. lrings, Covenant, terlns, conditiolts ~ agreements of said Contract in
accordance with the Plans, specifications ~d Co~ract l)ocumems 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 wananiy required under this Contract, and
shall also well and truly perform and fulfill all the und;~t'ings, covenants, tern~, 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 aud/or replace all defects due~o faulty.materials and worle~aanship that
appear within a period of one (l) year from the date of 6~s! 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 snd expense which the Owner may
incur in making good any default or deficiency, then ~his obligation shsl! be void; otherwise, it
shall remsin in full force and effect.
PB-1
PROVIDED FURTHER, that if any legal action be filed upon this Bond, exclnsive
venue shall lie in Denton County, State of Texas.
AND PROVIDED FURTtit~, that the said Surety; for valne received, hereby
stipulates and agrees that no change, extension of time, alteration or addition to the t~ms of
the Conlract, or to the'Work to:be peifonned thereunder, or to the Plans, Spec~e~_6ons,
Draw/u/s, etc., accompanying .the same, shall in anywise affect its obligation on this Bond,
and it does hereby waive notice of any such change, extensioa of time, alteration or addition to
the terms of the Conlract, or to the Work to be performed thereunder, or to the plnn~,
Specifications, Drawings, etc.
This Bond is given pursuant to the provisions of Chs.nter 2253 of the Texas
Government Code, as ame~led, and any other applicable statutea.of the State of Texas.
'Fne undersilF~l a~! desi~atad ag~t .is ~/ea/gaa~ad by me Surety herein as the
Resident Agent in Donton County to whom any ,~ notices may be delivered and on
whom service of process may.be bad in matters srising out'of such suretyship, as provided by
Article 7.19-1 of the Insu/aoce Code, Vernon's ^nn~atedCivilStatotas of the State of Texas.
IN WITNES3 WI-W-2.F_,OF; this instnmant 'is executed in 4 ,~copies, each one of
which stall be deemed an'original, this thc 24th a.Y of FebruarY, 2004 ~ ,
ATTEST:
ARY%--._~ .
PRINClI'AL
Friendship Con~truc!ion. Inc.
SUP. ETY
Sureteb InsUrance Company
The Resident Agent of the Surety in Denton County, Texas:for delivery of notice and service
of the process is:
NAME: ' Steven L. Thomas Agency, Inc. .
$~ ADDRESS: 5201 S. Colony Blvd., ~545, The Colony, TX 75067
(NOTE: Date of Performance Bond must be date of C°ritract. : if Resident Agent is not a
corporation, give a per~on ~s name.)
PB-2 .
PAYM~NTBOND Bond # 4343202
STATE OF TEXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRF. S~S: ~ ~--~.hip, ~..~.,,~,~.. 1.~ ~
whose address i. ~ ~ 9~71 ~.. w~h. ~ 7~19~. ~ei-.~ ~ ~ip~, ~
Suretec Insurance Company ~~ orgsni~ ~ ~ ~ ~ ~WS of ~e ~ of
Te~s ., ~ ~y ~0~ m ~'-~S ~ ~ ~ of T~, ~ ~, ~
held ~ ~y bo~ ~ ~'Ci~ of ~ a ~ :~on org.ni~ ~ e~g
~ ~e laws of ~e Sm~ of Te~, h~ein.~ ~ 0~, ~ ~ ~ p~so~, ~, ~d
~ra~o~ who ~y ~ ~m~.l~ for, or ~ ~ ~n, ~ b~g or
U~ ~tes, W ~ p~d ~ ~n, Co~, T~, f~ ~-~t of w~ ~ well ~d
~y W ~ ~, we'~e~ b~ o~el~, o~ ~S,: ~s, ~~s, su~sors,
~d ~si~. jointly .~ sev~y,' ~y by ~e ~. ~ B~ ~ anW~fi~y ~
~cr~ by ~e ~o~t of my ~.-~e ~ ~ ~I~.Au~ wM~ ~es ~e
Con~act ~i~, but ~ no ev~t shah a ~e ~ ~ ~1~ A~ent wM~
r~uc~ ~e Con~ pfi~ d~ ~e ~ ~ ~ ~ ~.
THE OBLIGATION TO PAY SAME is-conditioned as follows: Whereas, the
l~,incipal entered into a certain Conlract, identified 'by.' Ordinance Number 7atla.ol-/_
with the City of Denton,,the Owner, dated the 9ms day of l.m,.ry. A.D 9naa.~a
copy of which is ~Lereto attached and made a pan.hereof; for u;`i 21~; - Allitin .~tr~t ,~t~ltt~'
Tm.nrnvemente ~,/
NOW. THBRB~RB. if the Principal ~ well, truly .~ faithf~y perform its duties
and make prompt payment to all persons, firms, subconl~:tors., corporations and ¢].im.nts
supplying labor an,i/or material in the prosecution of the Work provided for in said Con~ract
and any and all duly authorized modifications of Said Contract that may hercafmr be made.
notice of which modificetions to the Surety being herebyexpresaly waived, then this obligation
shall be void; othenvise it shall remain in full force and effect;
PROVIDED FURTHI~R, that if any legal action be filed on this Bond, exclusive venue
shall lie in Denton County, Texas,
PB~3
PROVIDED FURTH]~, that if any Iegal action be filed upon thin Bond, exclusive
v~nu~ sh~11 lie in D~3~n County, ~ of Texas.
AND PROVH)ED NURTHER, that the said ~usety; for value received, hereby
stipulates and agrees th.t no.cl~mge, extemion of time, alteration or addition to ~ terms of
the Contract, or to the'Work-~o~be performed flm~uier; or to ~e Plans, Specifications,
Drawings, etc., accompauying the s~une, shall in anywise affect ~ obligation on tiffs Bond,
and it does hereby waive notice of any such climate, extemion of time, alteration or addition to
the terms of the Contract, or to, the Work to be perforated thereunder, or to the Plans,
Specifications, Drawings, etc. .'
This Bond is given pursuaut to the" provisions 0f Chapter 2253 of the Texas
Government Code, as amended, mM any other applicable s~atutes of the State of Texas.
The undersigned ..a designated agent is hereby ~ by the Surety herein as the
Resident Agent in Denton County to whom ~y .,~ notices may be delivered and on
whom service of process maybe h~d in maY. ers arising out,'of such suretyship, as provided by
Article ?.19-1 of the Insorence Code, Vemon's AonotatedlCivil Statutes of the State of Texas.
IN WITNESS WNAREOF; tlfis instrumeu~'is executed in 4 ~.opies, each one of
which shall be deemed an origiI~, thi~ the 24th ~y Of FebrUary, 2004 / ,
ATTEST:
Friendship, ,Construction, Inc.
P~ENT
Sureteb InsUrance Company
The Resident Agent of the Surety in Denton County, Texas:for delivery of notice and service
oftbe process is: :
NAME: ' Steven L. Thomas Agency, Inc. .
STREET ADDRESS: 5201 S. Colony Blvd., ~545, The Colony, TX 75067
(NOTE: Date. of Performance. Bond rnu~t be date of Cottt~act. : if Resident Agent is not a
corporation, give a p~r~ott ~s name.)
PB-2
SureTec
GENERAL POWER OF ATTORNEY
Know Ail Men by These Presents, That SURETEC INSURANCE COMPANY~(~e "Company"), a corporation duly organized and
ex/sting under the laws of the State of Texas, and having its principal office in I-louston, Harris County, Texas, does by these presents
make,
constitute
and
Debi Moon,~'~an Robinson, Steven Thomas? Kelly Clark
of The Colony, Texas its true and lawful Attorney(s)-in-fact, with full power and authority hereby conferred in its name, place and
stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertaldngs or other instruments or contracts of
suretyship to include waivers to the conditions qf.~tracts and consents of surety, providing the bond penalty does not exceed
Five Million Dollars and no/100 ($5,000,000.00)~fnd to bind the Company thereby as fully and to the same extent as if such bonds
were signe.d by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and
comCmmng all that the said Attorney(s)-in-Fact may do in the premises. Said appointment is made under and by authority of the
fo[lowing resolutions of the Board of Directors of the SureTec Insurance Company:
Be it Resolved, that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant
Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as
Attorney(s)-in-Fact to represent and act for and on behalf of the Company subj eot to the following provisions:
Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute,
acknowledge and deliver, any and all bonds, recoLgniTances, contracts, agreements or indenmity and other conditional or
obligatory undertak, mgs and any and all notices and documents canceling or terminating the Company's liability thereunder,
and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the
President and sealed and effected by the Corporate Secretary.
Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any
power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile
signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it
is attached. (Adopted at a meeting held on 20m of April, 1999.)
In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its
corporate seal to be hereto affixed this 1 lth day of June, A.D. 2002.
State of Texas ~ '""
County of Harris ss: Preside~'t
SURETEC INSURANCE COMPANY
On this 1 Itt day of June A.D. 2002 before me personally came John Knox, Jr., to me known, who, being by me duly sworn, did
depose and say, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company
described in and wh/ch executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument
is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he sF'gned his name thereto
by like order. I ~ ~b~n~i'~.,,~4 ~o.~,~ ~. ~
Notary
Seal
~vc~v~am~ ~ lY6nna U. Ibanez, Notary
c_'_--- J?_ej~.~..t My commission expires June 11, 2006
I, Michael P. Whisenant, Vice President and Assistant Secretary. of SUtLETEC INS~CE COMPANY, do hereby certify that the
above and foregoing is a Ume and correct copy of a Power of Attorney, executed by said Company, which is still in full force and
effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect.
In Witness Whereof. I have hereunto set my hand and affixed the seal of said Company at Houston, Texas this 2 4'ch
v 2zr .m , 2o t
Corporate Seal
day of
Michael P. Whisenant,
Vice President, Assistant Secretary.
03/08/2004 13:59 F~ B~Y INSURANCE ~001/002
ACORD , CERTIFICATE OF LIABILITY INSURANCE
DATE
3/8/2004
PROOUCER (817)332-8288
Bradley Insurance Agency
JAY LAFAVER
1415 Summit Avenue
Fort Worth, TX 76102
INSURED
FRIENDSHIP C0HSTRUCTION, INC.v/
970 FM 2871
FORT WORTH, TX 76126
I (817)560-2722 Ext.
COVERAGES
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW,
INSURERS AFFORDING COVERAGE
INBURERA:ANERICAN MERCURY INSURANCE C0.
~NSURERs:UNITRIN INSURANCE COMPANY
INSURERc:CEMTURY SURETY INSURANCE COMPANY
INSURER D:
INSURER E:
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CI-NMS.
GENERALLIABILfl"Y ~ //~ ~ :. !. . F_~.~ OCCURRE~CS ~1,000,000~
X COMMERCIALGENERALLIA~LITY '03/08/2004 03/00/2009--' FtREDAMAGS(~y~e§re) $50,000
-- PERSONAL&ADVINJURY $1,000,000
__ m~NER~L ~RES^TE
GEN'L AGGREGATE UM~r ,~JaPLIES PER; PRODUCTS - COMP/DP AGG $ 2,000,000
$800,000
_ ~^Lrro C 78354O5 @~/2~/2003 07/24/2004,.~
B X SCHEDULSD AUT~
'
DEDUCTISLS
RETENTION $
WC STATU.
OT~SA LIMIT OF LIABILITY 78,000
$ CCP264173 05/16/2003 05/18/2004
SOUl PRENT FLOATER
DESCRIIVi'ION OF OPERA'd ONr~LOCATIONS/VSHIC~CLUSlO~ ADOSO BY SNDORSEMENT~PECIAL pROVlSiO~.~'"~PO L
CITY OF OEN..T.(~I, ITS OFFIOIALS, AGENTS, EMPLOYEES AND VOLUNTEERS ~RE.,SHO~31 AS ADPlT_LONAL IN~,n~s ON LIABILITY POLICY.
DY
· SHALL NOT BE CANCELLED, NONRENEWEO OR MATERIALLY CRANGEO WITHOUT $0 DAYS AOVRNCED WRITTEM NOTICE EXCEPT )IIIEM THE POICY IS BEING
GARCELLEO FOR NOHPAYNENT OF PREMIUIJ IN WHICR CASE 10 DAYs ADvANc~ WR~TTEM NOTICE IS REQUlREO.'-'"""~
CERTIFICATE HOLDER I I &DOIT~LONAL INSURe.. INSURER LETTER: ~ CANCELLATION
CITY OF DENTON/
PURCHASING DEPARTMENT
901-B TEXAS STREET
DENTON TX 76209-
FAX: 940-349-7302
i ATTN: JULIA
ACORD 25-S (7/97)
03/08/2004 13:59 FAX BRADLEY INSURANCE ~002/002
IMPO,RT,ANT
If the certificate holder is an ADDITIONAL INsuRE~D, the polJcy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certifi?a!e holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the ~errns prod conditions of the policy, certain policies may
require an endorsement. A statement on this certificate, does not confer rights to the certificate
holder in lieu of such endorsement(s). ' ~" :: ''~ :'
DISCLAIMER
:i :=,:..~' '.
The Certificate of Insurance on the reveres side of thi~ forr~3, does not constitute a contract between
the issuing insurer(s) authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the ~ovemge afforded by the policies listed thereon.
ACORD 25-.~ (7/97)
FROM :
I,~R-15-2~4(~N) 16:48
FRX NO.
Maw. 15 2004 04:41PM
P1
CERTIFICATE OF LIABIL
rrY INSURANCE
"7HI~ CER~I;ICATE IS ISSUED AS A MATTER: OF INFORMATION
Ok~.Y AND C*ONFER~ NO R]I~HT~ UPOH 'fl"lE OER"~I~.A~]~
I~UR~a AF;ORD~; ~VE~