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.