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2003-035OPOrNANCE NO. d;P6- AN ORDINANCE ACCEPTING COMPETITIVE BDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF A CHAIN LINK FENCE AT THE WATER RECLAMATION PLANT; PROVDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BD 2934-CHAIN LINK FENCE AT THE WATER RECLAMATION PLANT AWARDED TO HURRICANE FENCE COMPANY IN THE AMOUNT OF $64,785.75). 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 accord'rog to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids: BID NUMBER 2934 CONTRACTOR HurricaneFenceCompany AMOUNT $64,785.75 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 t'unely execution of a writtcm contract and furnislxing 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 stuns 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 funds in the manner and in the mount as specified in such approved bids and authorized contracts executed pursuant thereto. SECTION 5. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED thisthe //~ day of ~j~,2003 EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBE~TY ATTORNEY CONTRACT AGREEMENT STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT, made and entered into this 4th day of Februar~ A.D., 2003, by and between CiW of Denton of the County of Denton and State of Texas, acting through Michael A. Conduff thereunto duly authorized so to do, hereinafter termed "OWNER," and HmTicane Fence 2200 1-35 W Denton, TX 76207 of the City of Denton , County of Denton termed "CONTRACTOR." and State of Texas , hereinafter 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 OVqNER to commence and complete performance of the work specified below: Bid 2934 - Chain Link Fence at Water Reclamation Plant in the amount of $64,785.75 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: City of Denton all of which are referenced herein and made a part hereof and collectively evidence and constitute the entire contract. CA-1 Independent Status It is mutually understood and agreed by and between City and Contractor that Contractor is an 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, with_holding, 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 specifications at the general direction of the City Manager of the City of Denton, Texas, or his designee under this agreement. 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 neghgence of the officers, servants, employees, of the Owner. Contractor likewise covenants and agrees to, and does hereby, indemnify and hold harmless Owner during the performance of any of the terms and conditions of this Contract, whether arising out of in whole or in part, any and all alleged acts or omissions of officers, servants, or employees of Owner. The provisions of this paragraph are solely for the benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other person or entity. Choice of Law and Venue This agreement shall be governed by the law of the State of Texas and venue for its construction and enforcement shall lie in the courts of Denton County, Texas. The CONTRACTOR hereby agrees to commence work on or after the date estabhshed 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. CA - 2 IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. ATTEST: CiW of Denton (SEAL) CONT~CTOR APPROVED AS TO FORM: CITY ATTOp, NL~ MAILING ADDRESS ~g 7 I7/2~ PHONE NUMBER FAX NUMBER BY: __~ PRINTED NAME (SEAL) CA - 3 BOND NO. 552565P PERFOP, NiANCE BOND STATE OF TnXAS COUNTY O1~ DF_,NTOI 1 § UNITED FENCE CONTRACTORS INC DBA KNO%V ALL 1%~] iN BY TH'~S S PRESENTS: That Hurrieame pen~ t-""- whose address is 2200 ]-35 %V, Denton, TX 76207 here/n~fter called Plinoipal, and D~.VF.I.~P~R.~ SURETY /IAND .INDEMNITY C0_MPANY,,-~orporation organized and existing tmd,r the laws of the State o£ IOW_..A. _ . -, a~d fully authorized to transact bu.sinass in the State of Texas, as Surety, ar= ! ,Id and Es-rely bbund unto thc City of D~aton, a municipal corporation organized and existing uader thc laws of the State of Texas, herduai%r called Owner, in'the penal aun~ 0£ Sixty F~our Ti. !~!a Hundrc51 & ]~iEhty Five' DOLLARS ~.nd S~vent¥ ($ 64:785.75)~1US ion ~ ~,~cent of the stated penal sum as an additional suni of money ~epresent/ng additional court expens, ~, attorneys' &~, and liquidated damages ad~in~ out of or connected with the below i~cnti~ed Co :.traci, in law~l ruoncy of th~ United ~at¢% to bc pa~d in Denton Count'y, Texas, for the payrn~nt of which mun well and truly to be made, we hereby bind ourselve% heirs, executor% adrn~istrators, ~-uccas.sors, and sssigris, jointly and severally, firmly by thee I~re~ents. This Bond I hall automatically be increased by %he amount of any Chan§e Ord~ or Suppleraental AEreemec :~ wlfich increases the Contract price, but in no even~ shall a Change Order or Supplemental Al~ree~ ~¢nt, which rccluces the Contract price, decrease thc penal sum of this Bond. ~ OBLIGA'J[ iON TO PAX SAIVIB is conditioned as follows: 'Whereas, the Principal enter¢ct into a certain C~ ntract, identiged by Ordinance Number'2003-0~5,..with the Ci.~ of Denton, the Owner, dated the _ ? day of February A.D. 2003 ,,.~copy oiwhich is hereto attached and made a par: hcreof~ for Bid 2934 - Chain Link Fence at the Water Reclamation Plant / NOW, THI~RBF i)t~B, if the Principal shall well, truly and faithfully perform and fulfill all of thc undertakln~a, co'*enants, t~rms, conditions and agreements of said Contract in accordance with the P~--,,~ Sp~hi, ations and Contract Documents dualng the o/iglnal term thereof and any extension thereof whiot may be grmt by the Owner, with or without notice to the Surety, and dtuing the life of auy 1; ,aranty or warranty required under this ContraCt, and shall also well md truly perform mad fulfd sl! th= undertakings, covenants, terms, conditions and ugrenments of any and all duly authorlzed :~,odificatioruu of said Contract that ruay hereafter be ruade, notice ofwMch ruodifieations to th~ Stu :,ty.behlg hereby ~vaiwd; and, ffthe Fflnclpal shall repair and/or replace all defect~ due to faulty n~ tterial~, and 'a, orkrnanshlp that appear within a period, o£ one (1) year fxom the date of t%al comph ~ion arid final acceptance of thc Work by thc Owner; and, if the Principal shall fully ind.-_ n?y ar, el save harml~s the Owner ~om all costs and damages wMch Owner may suffer by ~eason o££ai1~ '~ to so perfo~a herein a~d shall iiflly reimbur~e end r~p~y Owner ali outlay and expense which the Owner ruay incur in malting gOod any default or deficiency, th~a this obligation shall be void; othctw,,/le, it shall remain in full tome and eff¢ot. PB - 1 pp,.ovIDl~-r~ FU. :.THE~ that if any legal action bc.filexl upon this Bond, exclusive venue shall lie in D~nton Court :~', State of Tc'xas. A..N'D PKO'v'IDIg D FURTHER, ~hat the s~d SureW, for valu~ rccelved, h~eby sfip~at~s and age~ ~at no c~g% ~: :t~nsion of~e, ~It~fion or addition to tK~ t=~ms of thC Con~h or to ~e Wo~ to b~ p¢ffo~4 fi .~e~d~r, or ~o ~ Plms, Specifications, D~ng$, ~tc., a~ompm~g the sine, shall ~ ~ise ~ff~ct iB obligaieu on ~s BoM, aud it do~ h~cby ~ve notice of ~y such ch~g~, ~sion ~,~ ~c, ~t~mtio~ or addison to ~c ices of th~ Con~ac~ or to th~ W~ to This Bond is git '-'-n pursuant to the provisions of Chapter 22f3 of the Texas Government Code, as amended, and ~ ny other applicable statutes of thc State o£Texas. The undersigned ~nd designated agcut is hereby designated by the Surety herein as the 'P,~sident Agent in Dant :n Co~ to whom ~y requisi(, notic~ may bo dclivcr~ ~d on whom s~ice ofpm~ss may [ ~* had ~ ma~s ~slng out of such ~etyshlp, as provide~ bY ~cle 7.19- 1 of~e ~s~c~ Code, 'Vmon's ~ot~cd Ci~l Sta~t~ of~* 8tae of Text. · sh~lbedecm~d~ofig~:al, iMsthe aT~ ...dayof FEBRU~Y , ~vvo ~ . ' BY: ~.__ $~CRBTAi~Y PR.I~CIPAL UNITED FENCE CONTRACTORS INC DBA HURRICANE FENCE PRBSIDBNT ATTBST: SLrRm'¥ DEVE~UR~TY AN~INDENNITY COMPANY Th~ ]Rezld~nt AS~nt of ! :~ Surety in DentOn CountY, Texas fgr dellWry Oi%otico and sorvle.~ of the process is: TOM 'WEST:, DEVELOPERS SURETY AND INDEMNITY COMPANY STR.~B'TAI)D]R~SS: 545 E JOHN CARPENTER FWY STE 1420, IRVING, TX 75062 (NOTE: Date of Pert'ormt nec Bond must be data of Contract If Resident Agent is not a corporation, give p~r~ou's name.) PB - 2 BOND NO. 552565P PAYIVIE1N~ BOND STATE OF TEXAS COUNTY OF Db-'NTOI~ § ,. UNITED FENCE CONTRACTORS INC DBA KNOWALLMt~.~B¥.TI-I~SEPR.ESENTS: That Hur~.i..c..~el~euc~ / . , whoso ad~ is 2200 1-35 W, 9e~n. TX 76207, here~ ~lcd P~cip~, ~d DEWLO~EaS SURE~ ~ 'I~ C0~~m~ org~fl ~d exi~ng user the laws of ~e ~te of IOWA , ~d ~Ily au~ofized to tr~sact bualn~s ~ tho Stale often, S~e~, ~e held ~d ~ {fy bo~d unto ~e Ci~ ofD~ton, ~ mu~eip~ co~om~on org~zed ~d e~ng ~der ~ laws ~ .I~e ~tato often, hercM~er called ~, ~d ~t0 a~ pemons, ~d ~raHom! who may ~sh matefi~s for, or p~fo~ labor ~om, tho b~l~ng or impxovmen~ her~tn~e ~ rcfeffed to, in [~e peu~ s~f~ F~ ~o~ S~e~.H~ed & Bi~ Five DOLL~:I ,~.d Seventy Fare Cents ~ 64,785.75)~ la~l money of ~e U~ted stat~, to be p~d ~ Dc item, Co~: Text, for ~c pa~cnt of which m~ well ~d ~y to be made, we h~eby b~d o~selv~; our h~s, executo~, a~s~ators, successo~, and jo~fly md severally, ~ lily by thee preseu~. TMs Bond sh~[ automa~caHy be ~ed by ~o~t of any Ch~ge ( ~er or Buppl~tal ~eem~t, wM~h ~ ~c CouMact p~ce, but in no event sha~ a ~ ;~e Order or 5upplem~l A~emcn~ w~ch reduc~ ~e Con~aet deoro~e ~e pen~ s~ o i ~s Bond. THB OBLIGAT1DN TO PA5' SA.MB is conditioned as follows: Whereas, the Pfiuoipal entered/nrc a certain Co~wact, identified by Oxdinance Number~t~03-03.~, wi~. the City of Denton, the Owner, dated the 4' '._ day of__~__ A.D. 2003 / , a copy 6fwhioh is hereto attached ired made a part hereof, i ~r ._.Bid 2934 - Cl~in Link Fence at the Water Reclamation Plant/.. NOW, THEREFORE, if the Principal shMl well, truly and faithfully perform its duties end make prompt payment t(. aH persons, fume, subcontractors, corporations and cJ~!mants supplying labor and/or material in lhe proseouthm of th~ Work provided for in said Contract and any and ~luly authorized rnodific ~lions of said Contract that may hereafter be made, notice of which modifications to thc Sw f.a'y being hereby expressly waived, then this obligation shall be void; otherwise it shall rernalu: ~ full forc~ ~ad effect. PROVIDtiD FLrR :YB'JSIL that if any legal action be filed on this Bond, exclusive Venue shall lie in Denton ~ounty. Te~: ~s. AND PROVIDBI FUKTI-IBR, that the said Surely, for value received, hereby stipulates arid ~lrees that no change, ex' ,,.nsion of time, ~Iter-atlou or addUion to thc terms ofth~ Contract, or to the Wo~k to be pfra'brrnccl th~ ;'eunder, or to the Pl~tls, Specifications, Drawings, etc., accorap~nying the same, shall in anywise ~ !bet its obligation on this Bond, aud it docs hereby waive notice of any such change, extcnslon of time, alteration or addition to ttxe t~.,~s of the Contract, or to the W'o~k to be performed thereunder~ :~r to the Plans, Specifications, Drawings, otc. PB - 3 This Bond is gl-'tn p~trsuant to the p~vls~ons of Chapter 2253 of the T=xas Govcroment Cod~, ~s amended, ~nd ~ u¥ other appl{c~bl~ statutes o.£th~ St~t~ o£Tcxa~. Thc undersigned and design~ted ~gent is hereby designated by the Surety heroin as the Resident A. gent i~ Dent m County to whom ~ny requisite notices may be delivered and on whom service of process may ~ ;~ had in mattors arising out of such surety, as provided by Article 7.19-1 of thc Insurance Code, Vc~ ,en's Annotated C/v/1 Statutes of the State of Tex~s. IN ~S ~:~I~REOF, this instrument is executed inPOURcop~es, each one of wMch shallbed~emedmaorigiml, thisth~ ~TH '~yofFE~UA~ ,_ 2003.~ A~BST: BY: ~~ ATTEST: Pi~qCIPAL UNITED FENCE CONTRACTORS INC DBA ItURRICmS~. ~ESCE PRESIDENT DEVELg~F~S SURETY ~ INDEMNITY:-COMPANY /ATTOR.NJgY-IN-FACT ~;~RI M BURNETT The Resident A~ent of th: Surety in Denton County, Texas for delivcry cf notice and service of thc process is: NA1V~: TOM WEST, DEVELOPERS SURETY AND INDEMlqlTY COMPANY 545 E JOHN CARPENTER FWY STE 1420, IRVING, TX 75062 (NOTE: Date of Payme~' J~ond m~ be date of ContracA ~f ]Rextdent Mg~r~t ts not a corporation, give a person ~ na~ne.) PB - 4 ~ ' -' POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO BOX 19725, IRVINE, CA 92623 · (949) 263-3300 KNOW ALL MEN BY THESE PRESENTS. that excepl tls expressly limited. DEVELOPERS SURETY AND INDEMNITY COMPAN~NDEMNITY COMPANY OF CALIFORNIA, do each. hereby rnuke, const0ule and appoinl: · **Blaine D. Williarnson, Geri M. Burnett,~rent Olson, Morag A. Core,/, jointly or severally*** lis their true and lawful Attorney(s)-in-Fact. Io make. execute, deliver and acknowledge, for and on behalf of said corporations, as surelies, bonds, undertakings and contracts of surelyship giving and granting unto said Attorney(s) in-Fact full power and aulhor0y to do and to perform every act necessary, requisite or proper Io be done in conneclion therewilh as each of said corporations could do. but reserving Io each of said corporalions full power of subslitution and revocalion, and all of the acts of said Allorney(s)-in-Facl, pursuant to these presenls, are hereby ratified and confirmed. This Power of AIIorney is granled and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA. effeclive as of November I. 2000: RESOLVED. Ihat Ihe Chairman of the Board, the Presidenl and any Vice President of the corporalion be. and that each of them hereby is, aulhorized to execute Powers of Atlorney. qualifying Ihe allorney(s) named in the Powers of Atlorney to execule, on behalf of Ihe corporations, bonds, underlakings nnd contracls of surelyship: and that the Secretary or any Assistant Secretary of the corporations be. and each of Ihem hereby is, authorized to attest Ihe execution of any such Power of Altorney; RESOLVED. FURTHER. Ihat the signalures ut'such officers muy be affixed o ny such Power o'A crecy o o ny cer 'c e re ang herelo bv filcsimile and any such Power of Attorney or certificate bearing such facsimile signutures shall be valid and binding upon Ihe corporation when so affixed and in the future with respect ny bond. under k ngo conlract of suretyship Io which il is uttached. IN WITNESS WHEREOF. DEVELOPERS SURETY AND INDEMNITY COMPANY und INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents Io be signed by their respective Executive Vice President and attested by he especlive Secretary this 8"' day of Jnnuary. 2002. David H. Rhodes, Execubve Vice President Waller A. Crowelh Secretary ,,,"2~ ~o tEL .... STATE OF CALIFORNIA ) )SS. COUNTY OF ORANGE On January 8, 2(}02, belbre me, Anionic Alvarado. persomdly appeared David H. Rhodes and Walter A. Crowell, personally known to me (or proved Io me on Ihe basis of satisfaclory evidence) to be the persons whose names are subscribed Io Ihe within inslrumenl and acknowledged to me that they executed the same in their aulhorized capacilies, and Ihat by Iheir signatures on Ihe instrument the entity upon behalf of which the ,ersons acted, execmed 1he inSlrL]menl. WITNESS my hand and official seah .,_{ ~ ANTONIO ALVARADO }  =Z~_~ COMM. # f a00a0a · ~[~} Notary Public- California ~ ~ ~&~] ORANGE COUN~ ~ 5i~nalar¢ ~ ~. E~ms APRIL 10, 2005 ~ CERTIFICATE The undersigned, tis Chief Operating Officer of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA. does hereby certify Ihat the foregoing Power of Altorney remains in full force and has not been revoked, and furthermore, that Ihe provisions of the resolutions of the respective Boards of Directors of said corporutions set forth in Ihe Power of AIIorney. are in force as of Ihe date of this Certificate. This Certificale is executed in the Cily of lrvine, California, the /*T}'I dayof. FEBRUARY 2003 ~ David G. Lane. Chief Operating Officer ID-1380 (01/02) IMPORTANT NOTICE To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or to make a complaint at: 1-800-782-1546 You may also write to the Surety at: P.O. Box 19725 Irvine, CA92623-9725 You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance at: P.O. Box 149104 Austin, TX78714-9104 Fax# 512-475-1771 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. AVISO IMPORTANCE Para obtener informacion o para someter una queja: Usted puede llamar al numero de telefono gratis de para informacion o para someter una queja al: 1-800-782-1546 Usted tanbien puede escribir a Surety at: P.O. Box 19725 lrvine, CA92623-9725 Puede comunicarse con el Departamento de Seguros de Texas para obtener information acerca de com- panias, coberturas, derechos o quejas al: 1-800-252-3439 Puede escribir al Departmento de Seguros de Texas P.O. Box 149104 Austin, TX78714-9104 Fax# 512-475-1771 DISPUTAS SOBRE PRIMAS O RECLAMOS: Si tiene una disputa concerniente a su prima o a un reclamo, debe comunicarse con el Surety primero. Si no se resuelve la disputa, puede entonces comuni- carrse con el departamento (TDI). UNA ESTE AVISO A SU POL1ZA: Este avlso es solo para proposito de informacion y no se convierte en parte o coudicion del documento adjunto. II-lC~i-I~li-[~ Insco insurance Services, Inc. Underwriting Manager for: Developers Surety and Indemnity Company · Indemnity Company of California 17780 Fitch, Suite 200 Irvine, CA 92614 1-800-782-1546 www. lnscoDico.com ID-1404 (TX) (4/01) PERFORMANCE BOND STATE OF TEXAS COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That Hurricane Fence whose address is 2200 1-35 Wp Denton, TX 76207 hereinafter called Principal, and , a corporation organized and existing under the laws of the State of ., and fully authorized to transact business in the State of Texas, as Surety, are held and finnly 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 Sixty Four Thousand~ Seven Hundred & Eighty Five DOLLARS and Seventy Five Cents ($ 64,785.75) plus ten percent of the stated penal sum as an additional sum of money representing additional court expenses, attorneys' fees, and liquidated damages arising out of or connected with the below identified Contract, 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, fn'mly by these presents. This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement, which increases the Contract price, 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 Ordinance Number 2003-035, with the City of Denton, the Owner, dated the 4th day of February A.D. 2003 _, a copy of which is hereto attached and made a part hereof, for Bid 2934 - Chain Link Fence at the Water Reclamation Plant 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 ail 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 one (1) year from the date of fmal 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. PB - 1 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 Denton 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- I of the Insurance Code, Vemon's Annotated Civil Statutes of the State of Texas. IN WITNESS WHEREOF, this Instrument is executed in __ shall be deemed an original, this the __day of _, _copies, each one of which ATTEST: PRINCIPAL BY: SECRETARY BY: ATTEST: PRESIDENT SURETY BY: BY: ATTORNEY-IN-FACT The Resident Agent of the Surety in Denton County, Texas for dehvery of notice and service of the process is: STREET Al)DP_ES S: (NOTE: Date of Performance Bond must be date of Contract. If Resident Agent is not a corporation, give a person's name.) PB - 2 PAYMENT BOND STATE OF TEXAS COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That Hurricane Fence _, whose address is 2200 1-35 W, Denton, TX 76207, hereinafter called Principal, and ., a corporation organized and existing under the laws of the State of ., and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Dentun, 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 Sixty Four Thousand, Seven Hundred & Eighty Five DOLLARS and Seventy Five Cents ($ 64,785.75) 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. This Bond shall automatically be increased by the mount of any Change Order or Supplemental Agreement, which increases the Contract price, 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 Ordinance Number 2003-035, with the City of Denton, the Owner, dated the 4th day of February A.D. 2003 , a copy of which is hereto attached and made a part hereof, for Bid 2934 - Chain Link Fence at the Water Reclamation Plant 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 Con0:act 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 oft/me, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc. PB - 3 This Bond is given pursua.ut 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 Denton County to whom any requisite notices may be dehvered 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, Vemon's Annotated Civil Statutes of the State of Texas. IN WITNESS WHEREOF, this instrument is executed in shall be deemed an original, this the day of , __ copies, each one of which ATTEST: PRINCIPAL BY: SECRETARY BY: PRESIDENT ATTEST: SURETY BY: BY: ATTORNEY-IN-FACT The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is: STREET ADDRESS: (NOTE: Date of Payment Bond must be date of Contract. If Resident Agent is not a corporation, give a person's name.) PB -4 CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Bidder's attention is directed to the insurance requirements below, tt is highly recommended that bidders confer with their respective insurance carriers or brokers to determine in advance of Bid submission the availability of insurance certificates and endorsements as prescribed and provided herein. If an apparent Iow bidder fails to comply strictly with the insurance requirements, that bidder may be disqualified from award of the contract. Upon bid award, all insurance requirements shall become contractual obligations, which the successful bidder shall have a duty to maintain throughout the course of this contract. STANDARD PROVISIONS: Without 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. As soon as practicable after notification of bid award, Contractor shall file with the Purchasing Department satisfactory certificates of insurance, containing the bid number and title of the projecL Contractor may, upon written request to the Purchasing Department, ask for clarification of any insurance requirements at any time; however, Contractors are strongly advised to make such requests prior to bid opening, since the insurance requirements may not be modified or waived after bid opening unless a written exception has been submitted with the bitL 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. Any deductibles or self-insured retentions shall be declared in the bid 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 pohcy 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 hability. All policies shall be endorsed to read: "SAID POLICY SHALL NOT BE CANCELLED, NONRENEWED OR MATERIALLY CHANGE WITHOUT 30 DAYS ADVANCED WRITTEN NOTICE BEING GIVEN TO THE OWNER (CITY) EXCEPT WHEN THE POLICY IS BEING CANCELLED FOR NONPA YlffENT OF PREMIUM IN WHICH CASE 10 DAYS AD VANCE WRITTEN NOTICE IS REQUIRED''· 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 wkich give rise to claims made after expiration of the contract shall be covered. 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: IX] A. General Liability Insurance: IX] General Liability insurance with combined single limits of not less than $500,000 shall be provided and maintained by the Contractor. The policy shall be written on an occurrence basis either in a single pohcy or in a combination of underlying and umbrella or excess pohcies. 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 hability (preferably by endorsement) covering this contract, personal injury hability and broad form property damage liability. Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than $300,000 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 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 Worker's 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 fights 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 Worker's 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% 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 combined bodily injury and property damage per occurrence with a 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, l.imlts of not less than each occurrence are required. [] Professional Liability Insurance Professional liability insurance with limits not less than 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. Commercial Crime Provides coverage for the theft or disappearance of cash or checks, robbery inside/outside the premises, burglary of the premises, and employee fidelity. The employee fidelity portion of this coverage should be written on a "blanket" basis to cover all employees, including new hires. This type insurance should be required if the contractor has access to City funds. Limits of not less than each occurrence are required. [ ] Additional Insurance Other insurance may be required on an individual basis for extra hazardous contracts and specific service agreements. If such additional insurance is required for a specific contract, that requirement will be described in the "Specific Conditions" of the contract specifications. ATTACHMENT1 Ix] Worker's 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 provid'mg 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. 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. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. 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. 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 the govemmental 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. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. The contractor shall notify the governmental entity in writing by certified mall 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. 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. The contractor shall contractually require each person with whom it contracts to provide services on a project, 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 proj eot; 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 ali required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the goverrnnental entity in writing by certified mail or personal delivew, 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 mounts, 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. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entities 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.