2001-360O ANCENO
AN ORDI
CONTRA
CENTER
PROVIDI
CITY OF
AMOUNq
qANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS
2T FOR THE INSTAl J .ATION OF A WALKING TRACK SURFACE AT THE CIVIC
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND
qG FOR AN EFFECTIVE DATE (BID 2720 - NEW WALKING TRACK SURFACE
DENTON CIVIC CENTER, AWARDED TO PONDER COMPANY INC, IN THE
'OF $42,848)
W~,EAS, the City has solicited, received and tabulated competitive
bids
for
the
constmctl0n of public works or improvements in accordance with the procedures of STATE law and
City orchnances, and
WHEREAS, the City Manager or a designated employee has received and recommended that
the here~n described bids are the lowest responsible bids for the construction of the public works or
lmproven~ents described in the bid invitation, bid proposals and plans and specifications therein,
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
St~CTION 1 That the following competitive bids for the construction of public works or
~mprovements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on
file in the Office of the City's Purchasing Agent filed accorchng to the bid number assigned hereto,
are hereby accepted and approved as being the lowest responsible bids
NI~MBER CONTRACTOR AMOUNT
2720 Ponder Company Inc $42,848
S]~CTION 2 That the acceptance and approval of the above competitive bids shall not
consmute a contract between the City and the person submitting the bid for construction of such
public works or improvements herein accepted and approved, until such person shall comply with all
requirements specified in the Notice to Bidders including the timely execuUon of a written contract
and furnishing of performance and payment bonds, and insurance certificate after notification of the
award of the bid
~ That the City Manager is hereby authorized to execute all necessary written
contracts for the performance of the construction of the public works or improvements in accordance
with the l~lds accepted and approved herein, provided that such contracts are made in accordance
with the l~otme to Bidders and Bid Proposals, and documents relating thereto specifying the terms,
condmon$, plans and speclflcauons, standards, quantities and specified sums contained therein
SECTION 4 That upon acceptance and approval of the above competitive b~ds and the
execution of contracts for the pubhc works and ~mprovements as authorized here~n, the C~ty Council
hereby authorizes the expenditure of funds ~n the manner and ~n the amount as specified m such
approved b~ds and authorized contracts executed pursuant thereto
SECTION 5 That th~s orchnance shall become effective lmmedmtely upon ~ts passage and
approval
PASSED AND APPROVED th,s the
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, C~ ATTORNEY
BY
2720 - CONTRA
N~ew Walking Track Suxface Bad # 2720 CITY OF DENTON
C~ry of Denton C~wc Center August 9, 2001
CONTRACT AGREEMENT
STATE OF TEXAS
§ COUNTY OF DENTON §
THIS AGREEMENT, made and entered mae tins 18th day of September
A D, 2001, by and between Cia3' of Denton of the County of Denton
and State of Texas, acting through Machael A Conduff thereunto duly authorized so to do,
hereanafter termed "OWNER," and
The Ponder Company
6825 Levelland, Suite 3B
Dallas, TX 75252
of the City of Dallas , County of Dallas
termed "CONTRACTOR"
and State of Texas., hereinafter
WlTNESSETH That for and an consideration of the payments and agreements hereinafter
mentaoned, to be made and performed by OWNER, and under the condlttons expressed ~n the
bonds attached hereto, CONTRACTOR hereby agrees with OWNER to commence and complete
performance of the work specified below
B~d #2720 New Walking Track Surface - City of Denton Cavm Center
an the amount of $42, 848 and all extra work an connectaon therewith, under the terms as stated an
the General Condatmns of the agreement, and at Ins (or their) own proper cost and expense to
furmsh all materials, supphes, maelunery, eqmpment, tools, supenntendence, labor, insurance, and
other accessories and servaces necessary to complete the work specffied above, ~n accordance wath
the condltaons and prices stated an the Proposal and the Performance and Payment Bonds, attached
hereto, and m accordance wath all the General Condattons of the Agreement, the Spemal
Cond~tmns, the Notate to Badders (Advertasement for Bads), and Instructions to Bidders, as
referenced herean and on file tn the office of the Purchasing Agent, and an accordance wtth the
plans, wl'uch mcludes all maps, plats, bluepnnts, and other drawings and pnnted or written
explanatory matter thereof, and the Specfficattons therefore, as prepared by
W R A Arctuteets, Inc and CaW of Denton Staff
all of wtuch are referenced hereto and made a part hereof and collecttvely ewdence and constttute
the entare contract
CA-1
39
New WaLking Track Surface Bad # 2720 CITY OF DENTON
CaW of Denton C~vac Center August 9, 2001
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, wlthholdang, social secunty taxes, vacation or sick
leave benefits, worker's compensatmn, 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 perfonu the services hereunder according to the attached
speclficataons at the general darecUon of the City Manager of the City of Denton, Texas, or has
designee under tins agreement
Indemnification
Contractor shall and does hereby agree to lndemmfy and hold harmless the City of Denton
from any and all damages, loss, or hablhty of any kind whatsoever, by reason of injury to property
or third persons occasioned by any error, omission or negligent act of Contractor, its officers,
agents, employees, mvltees, and other persons for whom it is legally liable, with regard to the
performance of this Agreement, and Contractor will, at its cost and expense, defend and protect
the City of Denton against any and all such cloams and demands
Choice of Law and Venue
This agreement shall be governed by the law of the State of Texas and venue for its
constructton and enforcement shall lie m the courts of Denton County, Texas
The CONTRACTOR hereby agrees to commence work on or after the date established for
the start of work as set forth m written notice to commence work and complete all work within the
time stated m the Proposal, subject to such extensions of time as are provided by the General and
Special Conditions
The OVfNEK agrees to pay the CONTRACTOR in current funds the pnce or pnces shown
in the Proposal, which forms a part of this contract, such payments to be subject to the General
and Special Condatlons of the Contract
CA - 2
40
New Walking Track Surface Bxd # 2720 CITY OF DENTON
City of Denton Civic Center August 9, 2001
IN WITNESS WHEREOF, the parbes of these presents have executed th~s agreement xn
the year and day first above written
OV~MER
(SEA )
ATTEST
Ponder CoMpany, Inc
CONTRACTOR
APPROVED AS TO FORM
6825 Levelland, #3B
Dallas, Texas 75252
MAILING ADDRESS
972-248-9001
PHONE NUMBER
972-248-9002
FAX NUMBER
BY V~ce President
TITLE
A~adeo Perez Jr
PRINTED NAME
CA- 3
(SEAL)
41
, N~w Walking Track Surface
~ of Denton Civic Center
Bid #2720
CITY OF DENTON
August 9, 2001
NAiViE OF BIDDER Ponder Conpany, Inc
DATE August 28, 2001
MS CHRISTY SKIKCHAK
PURCHASING
CITY OF DENTON
901-B TEXAS STREET
DENTON, TX ?6209
Dear Ms Slarchak
The undersigned, m compliance w~th your advertisement for B~ds for the New Walling Track Surface -
City of D~nton Clwo Center, having exanuned the Drawings and Speclficahons, together w~th the related
documents mud all condmons surrounding the work, and hawng wmted the rotes of the proposed work,
hereby, proposes to furntsh all work ~n every detatl m accordance wth the Contract Documents w~thm the
time set forth hereto and at the prices stated below These prices shall cover all expenses mcurred m
performing the work under the Contract Documents, of which the Proposal ts a part
Attached herewith, please fred (Bid Bond) m the amount of
$ , five percent (5%) of the b~d
I (or we) acknowledge receipt of the followmg addenda
ADDENDA/ti ~ (Inmal)
ADDENDA #2 (Inmal)
ADDENDA #3 .(Inmal)
26
work, ~ ~i~ ~in~ tho ~mls~ ~,~e~ce~ ~ff~mg ~ ~rk, ~
$].:~o ~r~bh ~1 ~bor, m~tcrl~, ~ols, ~<t, ~Ra~l~ bonds,
~al~s~ ~ ~ ~zo~ ~1 wo& brae s~d Ne~ W~k~ Trac~ Surface .
~ B~ ~tll ~ a~Med ~ u~ds ava~l~ ~ ~ CtW ~m th~ following
TOTAL $
!~ .X~.MII~rA~OIq..O.1~ $.ITE .B~ ,,~mgthe Proposal Form. contractor ar. Knowl~dg~.
md ;~S ~Xs~llte~l ~o site alia ts aware ~aU field ~di~o~, which ~y affect ~ wo~
TA~'[ T~ s~ll ~t be mcl~ In ~ bid
Upon ~ei~ ~ ~ce of a~oe of ~is bid, wl~M ~i~ (30) ~ys of ~e gal~ of
m t mount orONS ~D ~ ~N ~ (II~) or&o oon~ prl~
· e ~n~t, and a O~E ~D~D PBRCB~T (1~) STA~TORY PA~T ~ ',. '
l
27
Mew Wslkmg Track Surface
City of Denton C~mc Center
B~d #2720
CITY OF DENTON
August 9, 2001
The under$1gned agrees to complete all work shown on the drawings and m the spemficatmns wattnn the
tame bruits set forth below subject to adchtmnal days that may be added due to inclement weather and/or
other just:fled and reasonable extensmns or time as may be approved by the Owner
Contractors that are awarded contracts shall be prepared to ~mmedlately sit down vath the City of Denton
Representatives and present a plan that wall illustrate how progression of work is to take place to insure
completion by December 31, 2001
If a contractor is awarded the project, the project must be completed within the dates shown above or the
contractor wflI be subject to hqmdated damages as set forth below
A worhng day is defined as a calendar day, in wtuch weather or other conditions not under the control of
the company wall penmt the performance of the principal units of work underway for a euntmuous period
of not less than seven (7) hours between 7 00 A M and 6 00 P M
The undersigned agrees that the Owner may retain the sum of Two Thousand Dollars ($2,000 00) from the
mount to be paid to the undersigned for each calendar day that the work contemplated remains incomplete
beyond the tune set forth, Sundays and hohdays INCLUDED Ttus amount is agreed upon as the proper
measure of liquidated damages, which the Owner will sustain per day, by failure of the undermgned to
complete the work at the stipulated time, and is not to be construed m any sense as a penalty
Payment wall be made to the contractor wafl'nn th~r~y (30) days after receipt of proper mvmce and written
acceptance of project from the Owner's representative, all reqmred material mvmces, documentatton, etc
and aii written warrant~es from both contractor and manufacturer
I (or we) agree to promptly furmsh a cmrect and current fmanmal statement of condmon with a list of
owned eqmpment and an experience record of completed projects for examlnatmn by Owner and architect,
~f same m reqmred
SEAL (If by Corporation)
RE~ECTF ,U~JBMYrTED BY
Vice President
(Title)
6825 Levelland, #3B
(Address)
Dallas, Texas 75252
28
ADDENDUM 1
Dmripflo~ of Addsndum~ New Wslking Track Surface
lJlD OP;~G ON A[i~U$~" ~8, ;1001 a~ ~:00 P.M.
blew Walt~ag T~ack Surface
Chty of Denton Chvlc Center
Bid# 2720
CITY OF DENTON
August 9, 2001
CITY OF DENTON
INSURANCE REQUIREMENTS FOR CONTRACTORS
Bidder's ~¢ent~on is dn'ected to the ~nsurance reqmrements below It is highly recommended that bidders
confer wl~ their respective insurance carriers or brokers to deterrmne m advance of Bid subnusslon the
avadabfl~y of insurance certfficates and endorsements as prescribed and prowded hereto If an apparent
low b~dder fails to comply strictly wath the insurance requtrements, that bidder may be dlsquahfied from
award of the contract Upon bid award, all insurance reqmrements shall become contractual obhgat~ons,
which thg successful b~dder shall have a duty to maintain throughout the course of tlus contract
STANDARD PROVISIONS
Without ~lim!ting any of the other obligations or liabihties of the Contractor, the Contractor shall
provide Snd 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 ~s practicable after notification of bid award, Contractor shall file wtth the Purchasing
Departn~ent satisfactory certfficates of insurance, containing the bid number and title of the project.
Contrac{or 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 IPrior to bid opening, since the insurance reqmrements may not be modified or waived after
bid open~ng unless a written exception has been submitted with the b~d Contractor shall not
commence any work or deliver any material untd he or she receives noUficat~on that the contract has been
accepted~ approved, and stgned by the City of Denton
All insurance policies proposed or obtained in satisfaction of these requirements shah comply with
the following general specifications, and shall be maintained tn compliance with these general
specifications throughout the duration of the Contract, or longer, ff so noted
Bach policy shall be issued by a company authorized to do business ~n the State of Texas with
an A M Best Company rating of at least A
Any deductables or self. insured mtenttons shall be declared in the btd proposal If requested
by the Chty, the insurer shall reduce or ehrmnate such deductibles or self-insured retentions
with respect to the City, ~ts officmls, agents, employees and volunteers, or, the contractor shall
procure a bond guaranteeing payment of losses and related mvesUgatlons, clmm
admlmstrataon and defense expenses
Liabflxty pohcles shall be endorsed to prowde the following
Name as addmonaI insured the City of Denton, its Officials, Agents, Employees and
volunteers
That such insurance ~s primary to any other insurance available to the addmonal insured
vnth respect to claims covered under the pohey and that this insurance apphes
separately to each insured against whom clmm is made or stat is brought The mclumon
of more than one insured shall not operate to increase the insurer's hrmt of habdlty
All pohcles shall be endorsed to read,
46
New Walking Track Surface
C~ty of Denton C~v~c Center
Bxd # 2720
CITY OF DENTON
August 9, 2001
"SAID POLICY SHALL NOT BE CANCELLED, NONP. ENEWED OR MATERIALLY
CHANGE I7?ITttOUT 30 DAYS ADVANCED WRITTEN NOTICE BEING GIVEN TO
THE OWNER (CITY) EXCEPT WHEN THE POLICY IS .BEING CANCELLED FOR
NONPAYMENT OF PREMIUM IN WHICH CASE 10 DAYS ADVANCE WRITTEN
NOTICE IS REQUIRED"
Should any of the required insurance be prowded under a claims-made form, Contractor shall
maintain such coverage continuously throughout the term of this contract and, w~thout lapse,
for a period of three years beyond the contract expiration, such that occurrences amsmg during
the contract terra wluch g~ve rise to clmms 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 armual aggregate limit providing for claims investigation or legal defense costs to be
included m the general annual aggregate limit, the Contractor shall either double the
occurrence hrmts or obtain Owners and Contractors Protective Lmbdlty Insurance
Should any reqmred insurance lapse dunng the contract term, requests for payments
originating after such lapse shall not be processed until the City receives satisfactory ewdence
of reinstated coverage as reqmrcd by this contract, effectxve as of the lapse date If msurance
is not reinstated, City may, at its sole option, temunate this agreement effective on the date of
the lapse
SPECIFIC ADDrrlONAL INSURANCE REQUIREMENTS
All insurance policies proposed or obtained in satisfaction of tlns Contract shall additionally comply
with the following marked specifications, and shall be maantamed in compliance with these
additional specifications throughout the duration of the Contract, or longer, ff so noted
IX] A General Lmbihty Insurance
General Liability insurance with combined tangle hmits of not less than $1,000,000 shall be
prowded and maintained by the Contractor The pohcy shall be written on an occurrence
basis either m a single pohcy or in a combination of underlying and umbrella or excess
pohcles
If the Commercial General Liability form (ISO Form CO 0001 current edmon) ~s used
Coverage A shall include premises, operations, products, and completed operations,
independent contractors, contractual hablhty covenng this contract and broad form
property damage coverage
Coverage B shall include personal ~n3ury
· Coverage C, mechcal payments, ~s not requmed
If the Comprehensive General Llabtl~ty form (ISO Form GL 0002 Current Edition and ISO
Form GL 0404) ~s used, it shall include at least
Bo&ly m3us, and Property Damage Llab~hty for premises, operations, products and
completed operatmns, independent contractors and property damage resul'ang from
explosion, collapse or underground (XCU) exposures
47
New Walking Track Surface Bid # 2720 CITY OF DENTON
City of Dentoa Civic Center August 9, 2001
Broad form contractual habihty (preferably by endorsement) covenng this contract,
personal injury liability and broad form property damage liability
IX] Automobile Lminhty Insurance
Contractor shall prowde Commercial Automobile Lmbihty insurance wth Combined Single Lam~ts
(CSL) of not less than $500.000 either m a single pohcy or m a combination of hasm and
umbrella or excess polimes The pohcy will include bodily injury and property damage habihty
arising out of the operation, mamtenance and use of all automobiles and mobile equipment used m
con.~unctlon w~th th~s contract
Satisfaction of the above reqmrement shall be m the form of a pohcy endorsement for
any auto, or
all owned, bared and non-owned autos
Workers Compensation Insurance
Contractor shall purchase and maintain Worker's Compensation insurance wbach, an addition to
meeting the mm~mum statutory reqmrements for ~ssuance of such insurance, has Employer's
Lmbthty hmm of at least $100,000 for each accident, $100,000 per each employee, and a $500,000
pohcy Inmt for occupational disease The C~ty need not be named as an "Additional Insured" but
the insurer shall agree to wmve all rights of subrogation against the City, ~ts officials, agents,
employees and volunteers for any work performed for the City by the Named Insured For braiding
or construction projects, the Contractor shall comply with the provamons of Attachment 1 in
accordance w~th §406096 of the Texas Labor Code and nde 28TAC 110 110 of the Texas
Worker's Compansat~on Comm~ssaon (TWCC)
[]
[]
Owner's and Contractor's Protective Liablhty Insurance
The Contractor shall obtmn, pay for and mmntam at all times dunng the prosecution of the work
under this contract, an Owner's and Contractor's Protective Liab~hty insurance pohey naming the
C~ty as msttred for property damage and bodaly injury wbach may arise m the prosecution of the
work or Contractors operations under this contract Coverage shall be on an "occurrence"
basis, and the pohey shall be ~ssued by the same insurance company that carries the Contractor's
hablhty insurance Pohcy hm~ts wall be at least combined bodily injury and property
damage per occurrence w~th a __ aggregate
Fire Damage Legal Liability Insurance
Coverage is reqmred if Broad form General Liability as not provided or ~s unavailable to the
contractor or ff a contractor leases or rents a pomon of a City building Limits of not less than
each occurrence are reqmred
[]
Professional Liabihty Insurance
Professional habfl~ty insurance with lnmts not less than per claim w~th respect to
negligent acts, errors or onusslons in counect~on w~th professaonal serwces is reqmred under th~s
Agreement
48
New Walking Track Surface B~d # 2720 CITY OF DENTON
City of Deaton Clwc Center August 9, 2001
[]
Builders~ Risk Insurance
Builders' Risk Insurance, on an All-Risk form for 100% of the completed value shall be provided
Suoh policy shall include as "Named Insured" the City of D~nton and all subcontractors as their
lr~terests may appear
[]
Additional Insurance
Other insurance may be reqmred on an individual basis for extra hazardous contracts and specific
serwce agreements If such addltmnal insurance is reqmred for a specific contract, that
reqturement w~ll be described m the "Specific Condmons" of the contract specifications
49
New Walking Track Surface
C~ty of De~ton Civic Center
Bid # 2720
ATTACHMENT 1
CITY OF DENTON
August 9, 2001
Worker's Compensation Coverage for Building or Construction Projects for Governmental
E~tities
A Definitions
C
E
Certificate of coverage ("cemficate")-A copy of a cemficate of insurance, a certificate of
anthonty to self-insure xssued 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 entlty's employees pro~dmg services on a project, for the
duration of the project
Duration of the project - includes the tnne from the beginning of the work on thc project until
the contractor's/person's work on the project has been completed and accepted by the
governmental entity
Persons prowdmg serwces on the project ("subcontractor" m §406 096) - mcludes all persons
or entrees performing all or part of the serwces the contractor has undertaken to perform on
the project, regardless of whether that person contracted &rectly with the contractor and
regardless of whether that person has employees Thts includes, without hm~tatlon,
independent contractors, subcontractors, leasing companxes, motor earners, owner-operators,
employees of any such entity, or employees of any enttty which furmshes persons to provide
sersuees on the project "Serwees" ~nclude, w~thout hnntation, prowdmg, hauling, or
dehvenng eqmpment or materials, or prowdlng labor, transportaUon, or other serrate related
to a project "Serwees" does not include act~wt~es unrelated to the project, such as
food/beverage vendors, office supply dehvenes, and dehvery of portable toilets
The contractor shall provide coverage, based on proper repomng of classlficahon codes and
payroll amounts and filing of any overage agreements, which meets the statutory requmements
of Texas Labor Code, Section 401 011(44) for all employees of the Contractor prowdmg
semces on the project, for the duration of the project
Thc Contractor must prowde a cemficate of coverage to thc governmental entity prior to being
awarded the contract
If the coverage period shown on the contractor's current certificate of coverage ends dunng 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 obtam from each person promchng serwces on a project, and prowde to
the governmental entity
(0
a certificate of coverage, prior to that person begmmng work on the project, so the
govermnental entity vall have on file certificates of coverage show~ng coverage for all
persons promdmg serwces on the project, and
(2)
no later than seven days after recetpt by thc contractor, a new cemficate of coverage
shovang extension of coverage, if the coverage period shown on the current cemficate
of coverage ends dunng the duration of the project
5O
New Walking Track Surface Bid # 2720 CITY OF DENTON
City of Denton Ckvxc Center August 9, 2001
F The contractor shall retain all required certificates of coverage for the duration of the project
and for one year thereafter
The contractor shall nohfy the governmental entity m writing by certified mall or personal
dehvery, within 10 days after the contractor knew or should have known, of any change that
materially affects the prows~on of coverage of any person providing services on the project
The contractor shall post on each project site a noUce, an the text, form and manner prescribed
by the Texas Workers' Compensa'aon Commxsslon, informing all persons providing serwces
on the project that they are reqmred to be covered, and stating how a person may verify
coverage and report lack of coverage
The contractor shall contractually reqmre each person vath whom it contracts to prowde
services on a project, to
prowde coverage, based on proper reporting of classification codes andpayroll amounts
and filing of any coverage agreements, which meets the statutory reqmrements of Texas
Labor Code, Section 401 011(44) for all of its employees prowdmg services on the
project, for the durataon of the project,
(2)
(3)
provide to the contractor, prior to that person beg~nmng work on the project, a
certificate of coverage showing that coverage is being promded for all employees of the
person providing serwces on the project, for the durataon of the project,
provide the contractor, prior to the end of the coverage period, a new cerUficate of
coverage shovang extension of coverage, if the coverage period shown on the current
eertaficate of coverage ends durmg the duration of the project,
(4)
obtain from each other person vath whom it contracts, and prowde to the contractor
(a) a certificate of coverage, prior to the other person begmmng work on the project,
and
a new certaficate of coverage showing extension of coverage, prior to the end of
the coverage period, if the coverage period shown on the current certaficate of
coverage ends dunng the duratmn of the project,
(5) retain all reqmred certificates of coverage on file for the duration of the project and for
one year thereafter,
(6)
not~fy the governmental en~ty m writing by ce~fied mall or personal delivery, w~thm
10 days after the person knew or should have known, of any change that materially
affects the prowsIon of coverage of any person providing services on the project, and
(7)
contractually reqture each person vath 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 prowdmg services
By signing this contract or prowdmg or causing to be proxaded a certaficate of coverage, the
contractor is representing to the governmental entity that all employees of the contractor who
vail provide serwces on the prolect will be covered by workers' compensatxon coverage for the
dura'aon of the project, that the coverage va11 be based on proper reporting of classification
codes and payroll amounts, and that all coverage agreements va11 be filed w~th the appropriate
51
New Walking ~Ikack Surface
C~ty of Der~ton Ch'ac Center
Etd # 2720
CITY OF DENTON
August 9, 2001
insurance earner or, m the case of a self-insured, vnth the comrmsaon's D~wslon of Self-
Insurance Regulation Providing false or misleading mformat~on may subjeet the contractor to
adrmmstrat~ve penalties, cnmmaI penalties, c~wl penalties, or other c~wl actions
The contractor's failure to comply vath any of these prows~ons is a breach of contract by the
contractor which entitles the govemmentaI entity to declare the contract void if the contractor
does not remedy the breach vath~n ten days after receipt of noUce of breach from the
governmental entity
Bid #2720 - New Flooring at C~wc Center Wallcmg Track
52
18/¢5/2801 15 45 9722489882 PONDER COMPANY P&6E 82
New Walkm[~ Track Surface
City of Denton Civic Center
Bid # 2720
CITY OF DENTON
August 9, 2001
BOND NO TX 571 403
PERFORMANCE BOND
STATE OF TEXAS
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS That The Ponder Company whose
address m 6825 I~ve!/~_;d~ State 3B~ Dallas, TX 75252 hereinafter called Pnnclpal, and
MERCHANTS BONDING COMPANY (MUTUAL) , a corporation orgamzed and
exmtmg under the laws of the State of IOWA .., and fully authorized to transact bnsmess
m the State of Texas, as Surety, are held and firmly bound unto the C~ty of Denton, a mun~mpal
corporation orgamzed and exmtmg under the laws of the State of Texas, hereinafter called Owner,
tn the penal sma of Forty two tho!~s~nd~ eight hundred & forty e~ght DOLLARS
( $ 42, 848 00 ) plus ten percent of the stated penal sura as an adchtmnal sum of money
representing addmorml court expenses, attorneys' fees, and hqmdated damages arising out of or
connected v~th the below xdent~fied Contract, m lawful money of the Umted States, to be paid m
Denton County, Texas, for the payment of winch sum welt and truly to be made, we hereby brad
ourselves, our he,rs, executors, admn'nstrators, successors, and asmgns, joxntly and severally,
firmly by these presents Tbs Bond shall automatically be increased by the amount of any
Change Order or Supplemental Agreement, which increases the Contract pnce, but m no event
shall a Change Order or Supplemental Agreement, winch reduces the Contract price, deorease the
penal sum of this Bond
THE OBLIGATION TO PAY SAME is conckt~oned as follows Whereas, the Prmmpal
entered into a certain Contract, xdenttfied by Ordinance Number 2001- 360 , vath the City of
Denton, the Owner, dated the 18m day of September A D 2001 , a copy of winch is
hereto a~ached and made a part hereof, for Bid #2720 New Wa[Pang Track Surface - C~ty of
Denton C~vtc Center
NOW, THEREFORE, tithe Pnnc~pal shall well, truly and faithfully perform and fulfill all
of the undertakings, covenants, terms, conditions and agreements of said Contract m accordance
w~th the Plans, Spemficatwns and Contract Documents dunng the original term thereof and any
extenmon thereof winch may be granted by the Owner, w~th or wathout notice to the Surety, and
dunag the hfe of any guaranty or warranty reqmred under tins Contract, and shall also well and
truly perform and fulfill all the undertakings, covenants, terms, condmons and agreements of any
and all duly author, zed modifications of smd Contract that may hereafter be made, noiaee of winch
modlfiCat~ons to the Surety being hereby waived, and, fl' the Prmetpal shall repair and/or replace
all defects due to faulty materials and workraansinp that appear w~thm a period of one (1) year
from the date of final completion and final acceptance of the Work by the Owner, and, ff the
Pnnclpal shall fully mdemmfy and save harmless the Owner from all costs and damages winch
Owner may suffer by reason of failure to so perform herein and shall fully remaburse and repay
Owner all outlay and expense winch the Owner may incur m makmg good any default or
deficiency, then this obhgation shall be void, otherwise, tt shall remain m full force and effect
PB- 1
42
~0/0~001 ~ ~§ ~?~B~00~ P~NDER OOMPANY P~GE ~
New wallcmg Track Surfaco Bad # 2720 CITY OF DENTON
City of Dento~ C~wc Ce~.t~z August 9, 2001
PROVIDED FURTHER, that if any legal actmn be filed upon thts Bond, exclumve venue
shall he m Denton County, State of Texas
AND PROVIDED FURTHER, that the said Surety, for value received, hereby stapulates
and agrees that no change, extension of tmae, alterauon or addltaon to the terms of the Contract, or
to the Work to be performed thereunder, or to the Plans, Spec~tcataons, Drawings, etc,
accompanym§ the same, shall m anywise affect its obhgat~on on tlus Bond, and at does hereby
watve notme of any such change, extension of tune, alteratton or addmon to the terms of the
Contract, or to the Work to be performed thereunder, or to the Plans, Spemficat~ons, Drawings,
Thxs Bond ts given pursuant to the provtmons of Chapter 2253 of the Texas Government
Code, as amended, and any other applicable statutes of the State of Texas
The undermgned and designated agent as hereby demgnated by the Surety hereto as the
Resident Agent m Denton County to whom any reqmmte notaces may be dehvered and on whom
service of process may be had m matters anmng out of such suretyship, as prowded by Article
7 19-1 of the Insurance Code, Vernoffs Annotated C~vll Statutes oftha State of Texas
IN WITNESS WHEREOF, thts instrument ~s executed in ONF, coptes, each one ofwbnch
shallbedeemedanongmal, thlsthe 8TH dayof OCTOBER , 2001
ATTEST
FRED DAVIS, WITNESS
PPJNCIPAL
PONDE~ CO~A~. Z~C.
SURETY
MERCHANTS BONDIN~ COMPANY (MUTUAL)
ATTORI~,~-FACT, KEVlN J
DUNN
The Resident Agent of the Surety in Denton County, Texas for dehvery of not~ce and servme of
the process is
N~vI~ N/A - GALLAGHER INWEST, P O. BOX 53910, LUBBOCK, TEXAS 79453
STREET ADDRESS
(NOTE DateofPerformanceBondmustbedatcofContract IfP. emdentAgent~snotacorporat~on, give
a person's namc)
PB ~ 2
Merchants Bondtng Company
(MUTUAL)
POWER OF ATTORNEY
Know All Parsons By These Presents, that the MERCHANTS BONDING COMPANY (MUTUAL), a corporation duly organized under the
laws of the 8late of Iow& and having its principal office In the City of Des Molnas, County of Polk, State of Iowa, hath made, oonstltutsd
and appointed, and does by these presents make, oona/Itufa and appoint
Kevin J Dunn, Angola S. Gaff, Harold Binggeli, Mike Henthorn~ Ran Stroman
and/or Cara D. Hancock
of Lubbock and Stats of Texas ~ts true and lawful Attorney In Fact, with full power
and authority hereby conferred In its name, place and stead, to sign, execute, acknowledge and deliver In Its behalf as surety any and all
bonds, undertakings, recognizances or other wdtten obligations in the nature thereof, subject to the limitation that any such Instrument shall
not exceed the amount of
TWO MILLION ($2,000~000 00) Dollars
and to bind the MERCHANTS BONDING COMPANY (MUTUAL) thereby aa fully and to the same extent as If such bond or undertaking was
signed by the duly authorized officers of the MERCHANTS BONDING COMPANY (MUTUAL} and all such acts of said Attorney In Fact,
pureusnl to the aulhorlty herein given, are hereby ratified and oonflrtoed
This Power of Alfomay ts made and exeoufad pursuant to and by authority of the following Amended Substituted and Restated By Laws
adopted by the Board of Directors of the MERCHANTS BONDING COMPANY (MUTUAL) on October 3, 1992
ARTICLE II, SECTION 8 - Tl~e Chairman of the Board or President or any Vice President or Secretary shall have power and author
Ity fo appoint Attorneys In Fao& and to authorize them to execute on behalf of the Company, and attach the Seal of the Company
theists, bonds and undertaking& re(x)gnlzanoea, contracts of Indemnity and other writings obligatory In the nature thereof
ARTICLE Il, SECTION 9 -Tile signature of any authorized offtser and the Seal of the Company may be affixed by facsimile to any
Power of Attorney or Certification thereof authorizing the execution and delivery of any bond undertaking, recognizance, or olher
suretyehlp obligations of the Cotopany, end such signature and seal when ac used shall have the satoe force end affect aa though
manually fixed
In Witness Whereof, MERCHANTS BONDING COMPANY (MUTUAL) has oauasd these presents to be signed by Its President and Its
corporate seal lo be hereto affixed, this 1 S t day of January ,2000
MERCHANTS BONDING COMPANY (MUTUAL)
STATE OF IOWA
DOUNTY OF POLK aa
On this 1 st day of January , 2000 , before me appeared Larry Taylor, to me
personally known, who being by me duly sworn did say that he ia Praaldent of the MERCHANTB BONDING COMPANY (MUTUAL) the
corporation described In the foregoing Instrument, and that the Seat affixed to the said instrument ts the Corporate Seal of the said
Corporsttsn and that the said Instrument was signed and aeatsd in behalf of said Corporation by authority of Its Board of Directors
In Testimony Whereol, I have hereunto eat my hand and affixed my Official Seal at the City of Des Molnae, Iowa the day and year first
above wr~an
......;..';'/:.....
/,.% , '.'<,, ...
.~,
' ' IOWA } '
... o/,, ,, .:
STATE OF IOWA '% 4,9(A~
COUNTY OF POLK ~s
I. Wllllato W. rner, Jr, 8eorsfary of the MERCHANT8 BONDIN~ COMPANY (MUTUAL) do hereby certify that the above and ~orsgolng
Is a true and ~orreet copy of the POWER OF ATTORNEY, exeoutsd by said MERCHANTS BONDING COMPANY (MUTUAL), which la
in fomce end affect
in Witness Whareol, I have hereunto eat my hand and affixed the Seal of the Company on
this 8TH dayof OCTOBER , 2001
Notary Pub/lo, Polk CountB Iowa
New Wdkm$ Track Surface
City of DentOn Civic Center
Bid # 2720
PAYMENT BOND
CITY OF DENTON
August 9, 2001
BOND NO. TX 571 403
STATE OF TEXAS
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS That The Ponder Company, whose
address is 6825 Level!and~ State 3B. Dallas~ TX 75252 ,
hereinafter called Pnnmpal, and MERCN/~NTS BONDINC. C.O},~PAI,IV (u[T'PUAL) ., : a
corporatmn orgaumed and emstmg under the laws of the State of IOWA , and fully anmonzed to
transact business m the State of Texas, as Surety, are held and firmly bound unto the City of
Denton, a muntmpal corporatmn orgamzed and emstmg under the laws of the State of Texas,
hereinafter called Owner, and unto all persons, firms, and corporahons who may furmsh materials
for, or perform labor upon, the bmldmg or improvements haremafter referred to, in the penal sum
of Forty two thousand, eight hundred & forty eight DOLLARS ($ $42,848 00 ) m lawful
money of the Umted States, to be prod m Denton, County, Texas, for the payment of wtuch sum
well and truly to be made, we hereby bind ourselves, our he~rs, executors, adrmmstrators,
successors, and assigns, jointly and severally, fhrmly by these presents Tins Bond shall
automatically be increased by the amount of any Change Order or Supplemental Agreement which
increases the Contract price, but m no event shall a Change Order or Supplemental Agreement
winch redu~as the Contract price decrease the penal sum of tins Bond
THE OBLIGATION TO PAY SAME is condtUoned as follows Whereas, the Pnncapal
entered into a certmn Contract, tdan~fied by Ordinance Number 2001- 360, vath the City of
Denton, the Owner, dated the 18~ day of September A D 2001 , a copy of whmh is
hereto attached and made a part hereof, for Bid ~e2720 New Walkang Track Surface - City of
Denton C~wc Center
NOW, THEREFORE, ~f the Pnnmpal shall well, truly and fmthfully perform its duties and
make prompt payment to all persons, finns, subcontractors, corporations and clmmants supplying
labor and/or material in the prosecution of the Work provided for m smd Contract and any and all
duly authonzed modifications of smd Contract that may hereafter be made, not~ce of winch
modifications to the Surety being hereby expressly waved, then this obligation shall be vo~d,
otherwise It shall remain in full force and effect
PROVIDED FURTHER, that if any legal acuon be filed on tins Bond, exclusive venue
shall lie m Demon County, Texas
ARID PROVIDED FURTHER, that the smd Surety, for value received, hereby sl~pulates
and agrees that no change, extensmn of time, alteration or addition to the terms of the Contract, or
to the Work to be performed thereunder, or to the Plans, Specfficat~ons, Drawings, ere,
accompanying ~e same, shall m anywise affect its obhgat~on on tins Bond, and it does hereby
waive notice of any such change, extension of time, alteratmn or addtUon to the terms of the
Contract, or to the Work to be performed thereunder, or to the Plans, Spemficat~ons, Drawings,
PB - 3
10/0S/2001 1S 4S 9?22489002 PONDER OOMPANY ~Ab~ ~
New Yv'allang T~ack Surface Bid # 2720 CITY O1~ DENTON
City of Denton Civic Center August 9, 2001
This Bond ts lpven pursuant to the pmvlmons of Chapter 2253 of thc Texas Government
Code, as amended, and any other apphoable statutes of thc State of Texas
The undersigned and designated agent is hereby designated by thc Surety hereto as the
Resident Agent in Denton County to whom any requisite notices may be dehvered and on whom
se~vm¢ of process may be had m matters arising out of such surety, as prowded by Artmle 7 19-1
of the Insurance Code, Vemon's Annotated Civil Statutes of the State of Texas
IN WITNESS WHEREOF, tins instrument is executed m a~, copies, each one of whtch
shallbedeernedanonginal, tlusthe 8~ dayof~ 2001
ATTEST
PRINCIPAL
pO~RR ~OMPA~T~. INC.
TARY
BY
ATTEST
FRED DAVIS, WITNESS
SLPI~TY
MERCHANTS BONDING COMPANY, (MUTUAL)
ATTORN~Y-~ACT, KEVIN J. DUNN
The Resident Agent of the Surety m Denton County, Texas for dehvery of nottcc and servmc of
the process is
N~V[E N/A - GALLAGHER INWEST, P.0 BOX 53910, LUBBOCK, TEXAS 79453
STREET AJ)DRESS
(NOTE Date of Payment Bond must be date of Contract If Restdent Agent ts not a corporatton,
gtve a person's name)
PB - 4
45
Merchants Bonding Company
(MUTUAL)
POWER OF ATTORNEY
Know All Parsons By These Presents, that the MERCHANTS BONDING COMPANY (MUTUAL) e corporation duly organized under the
laws of the 8tats of iowa, and havthg Its principal offioa in the City of Des Molnee, County of Polk, State of iowa hath made, constituted
and appointed, and does by these presents make, ¢onetltuta end appoint
Kevin J D%tnn~ Angels 8 Goff~ Harold Binggeli~ Mike Henthorn, Ron Stroman
and/or Cara D. Hancock
of L~bbock and State of Texas ds true and lawful Attorney In Fact, with full power
and authority hereby conferred in Ils name, p~ace and etsad, to sign, execute, acknowfedgn and deliver in its behalf aa surety any and all
bonds, undertakings, ranognizanoae or other written obligations In the nature thereof, subject to the limitation Ihat any such instrument shall
no[ exceed the amount of
TWO MILLION ($2,000,000 00) Dollars
and to bind the MERCHANTS BONDING COMPANY (MUTUAL) thereby as fully and to the same extent as if such bond or undertaking was
signed by the duly authorized offioare of the MERCHANTS BONDING COMPANY (MUTUAL0, and ell such acts of said Attorney In Fact
pursuant to the authority herein given, ara hereby ratified and confirmed
This Power of Attorney ia made and executed pursuant to and by authority of the following Amended Substituted and Restated By Laws
adopted by the Board of Directors of the MERCHANTB BONDING COMPANY [MUTUAL) on October 3, 1992
ARTICLE ii SECTION 8 - The Chairman of the Board or President or any Vice President or Secretary shall have power and author
Ity to appoint Attorneys in Fast, and to authorize them to execute on behatt of the Company, and attach the Seal of the Company
thereto, bonds and undertakings, re~ognizanoaa, contracts of Indemnity and other writings obllgafory in the nature thereof
ARTICLE II, SECTION g - The signature of any authorized officer and the Seal of the Company may be affixed by facsimile lo any
PoWer of Attorney or Certification thereof authodzthg the exeoutton and delivery of any bond, undertaldng, recognizanbe, or other
suretyship obligations of the Company, and such signature and seal when so used shall have the same rome and effect aa though
manually f.C~ed
In Wlthaee Whereof, MERCHANTS BONDING COMPANY (MUTUAL) has caused these presents to be signed by its President and Its
corporate seal to be hereto affixed, this 1 el:: day of January ,2000
. ' ' ' ' ' ' ·. MERCHANTS BONDING COMPANY (MUTUAL)
.. '~\~6 ,co~ : .
**~', 1933 ~.' sy
STATE OF IOWA ·.tv ~
COUNTY OF POLK sa.
On ~hle 1 St. day ct January 2 0 0 0 before me appeared Larry Taylor, to me
pereorally known, who being by me duly sworn did say that ha la President of th~ MERCHANTS BONDING COMPANY (MUTUAL), the
corporation described in the foregoing Instrument, and Ihat the Seal affixed to the said instrument la the Corporate Seal Ct the esid
Corporation and that the said IRelrumant was signed and sealed In behalf of said Corporation by authority of [~e Board of Directors
In Testimony Whereof, I have hereunto est my hand and affixed my Offictal Seal at the City of Dee Moinee, iowa, the day and year first
above wttttan
?*< '..
:3, ,,L'.
. :IOWA } :
:0 J.'
".. :4 '91A%' % ..,,"
STATE OF IOWA
COUNTY OF POLK sa
I,W[[[iam Warner, Jr, 8soretary of the MERCHANTS BONDING COMPANY (MUTUAL) do hereby certify that the above and foregoing
is a true an(~ correct copy of the POWER OF A'FTORNEY, sxanutad by said MERCHANTS BONDING COMPANY (MUTUAL), which la sttiJ
in force and effect
In Witness Whereof, [ have hereunto set my hand and affixed the Seal of the Company on
Ihls 8TH dayof OCTOBER , 2001
MSC 0814
NotaP/ Public, Polk Coun~ iowa
IMPORTANT NOTICE
To obtain ~nformat~on or make a complaint:
You may contact the Texas Department of Insurance
~nforrnat~on on companies, coverages, rights or complaints at
1-800-252-3439
'You may write the Texas Department of Insurance:
P.O. Box 149104
Austin, TX 78714-9104
FAX # (512)475-1771
to obtain
PREMIUM OR CLAIM DISPUTES:
Should you have a d~spute concermng your premium or about a claim
you should contact the agent or the company first, If the d~spute ~s not
resolved, you may contact the Texas Department of Insurance.
ATTACH THIS NOTICE TO YOUR POLICY:
This notice ~s for reformation only and does not become
condition of the attached document,
a part or
10/11/01 THU 15 52 FAX 1806 ~72 3402 CENT~RY III [~002
Century IZI of Amarillo, Inc
P o Rnx S0430
,A ORD. cERTIFICATE OF LIABILL,Ty INSURANCE
PROdUCeR (ROK) ~ 72-24~4 FAX (806) 372 '3402 TH 3 CEH I IPIGATE 8 ISSUED ~ A MAWR OF INFOR~TION
ONLY~D CONFERS NO RIGHT8 UPON ~E CBR~FI~TE
HOLDER THIS OE~I~I~ATE DOES NOT AMEND, G~ND OR
~R THE COVE~GE ~FO~ED BY ~E PO~CIE~ BELOW
INgURBR8 ~FORDiN~ COVE~GE
~onder Cofl~any,
¢02 S Bonham ,
Amrillo, TX 79106
~OVERAGE~
I~URER D
Travelers Prooarty Casualty
AmComp Assurance-Texas Region
The Chartee Oak ;~r~ Ins Co,
F~renmn's Fund Zns Co
THE POLICIES CF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INBURPn NAMED A~OVS FOR THC POLIOY PERIOD INOI~T~ NU~DING
~Y ~CQUI~EMENT, T~ QR CONUJ I IUN ~F ~ CO~ OR O~ER DOCUMENT ~H ~SPE~ TO WHICH ~1S CE~F[~ ~Y BE I~U~ OR
MAY PERTAIN, THE INSU~CE ~FORD~ BY THE POEC)E8 D~C~B~ HE~[N IS ~UBJ~T ~ A~ THE ~R~ ~CLUSI~S AND CONDI~ONS OF SUCH
POLICIES AGG~GATE UMIT$ 8HO~ ~Y ~VE B~EN R~UC~ BY PAIn m ALMS
;~s~mAm~ ~-660-tsqxg772-TLC-01 m 03/i?/2001 ~ 03/17/ZOOZ
A~O~LE U~IU~ [H-~ISaD0992-01 03/17/2001 03/17/2002
~ce. uA~ ~0007S290S51 03/17/2001 03~7/2002 ~c.o~u~ce 2,~s00Q
A;O~ S 2,000,00~
B ~4117641 ~L ~CH ~=;~ * l p 000 ~ O~
.~oms~ ~mp~ m 1FO00)~O
~llation~utldePs Z-deo-saexsz/Z-lLC-02 03/17/2001 03/17/2002 $34,652
A Risk S2~.000 ~n Trans(t
~ waiver of ~aE-(an"~p~=~e; ~. ~Jvo~ o~ ~;'~?~%~s, agents, employees and volunteers
in favor of WorkerB Co~ensat~on Add4ttonal Znsured and Wat~r of Subrogation appl4es (n ~avor of the
try nf ~enton. ;t~ 0ff(c~ala, Rgenta~ ~l~lUy~$ and ~lunt~rs tn reagards to the General Li~tl~ty
md Aut~bqle Liability ~11ctes ~ts insurance ts prtmry.
'RO3E~ B~d ~2720 New Walktng Track - C~ Or ~nton C~vtc Center