2001-456 OP IN^NCE NO
AN O N^NCE ^¢CEPTINO COMPETmVE BIDS AND WO S
CO S* UC ON OF
ELEVATgD STOOGE TANK, PROVIDING FOR THE EXPENDITURE OF F~DS
THE~FO~, AND PROVIDING AN EFFECTIVE DATE (BID 2721 - CONSTRUCTION OF
NORTHWEST SERVICE A~A ELEVATED STOOGE TANK AWAKED TO LANDMA~
STRUCTU~S I, L P IN THE AMO~T OF $1,418,700)
WHE~AS, the C~ty has sohc~ted, received and tabulated competitive b~ds for the
construction ofpubhc works or ~mprovemems ~n accordance w~th the procedures of STATE law ~d
C~ty ord~n~ces, and
WHE~AS, the C~ty M~ager or a designated employee has received and reco~ended ~at
the herein described bids ~e the lowest responsible bids for the construction of the pubhc works or
~mprovements described in the bid ~nwtat~on, b~d proposals and pl~s and spemficat~ons there~n,
NOW, THE~FORE,
THE CO~CIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the following competitive b~ds for the construction of pubhc works or
~mprovements, as described ~n the "B~d Invitations", "Bid Proposals" or pl~s ~d spemficat~ons on
file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto,
me hereby accepted ~d approved as being the lowest responsible bids
BID
NUMBER CONT~CTOR AMO~T
2721 L~dmark Structures 1, L P $1,418,700
SECTION II 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 m the Notice to Bidders including the timely execution of a written contract
and furnishing of performance and payment bonds, and insurance certificate after not~fication of the
award ofthe bid
SECTION III 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
w~th the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms,
conditions, plans and specifications, standards, quantities and specified sums contmned therein
SECTION IV That upon acceptance and approval of the above compentlve b~ds and the
execution of contracts for the public works and improvements as authorized herein, the City Council
hereby authorizes the expenditure of funds in the manner and in the amount as specified in such
approved bids and authorized contracts executed pursuant thereto
SECTION V That this ordinance shall become effective immediately upon its passage and
approval
PASSED ANDAPPROVEDthlsthe 4~ dayof ~t}~'~--,2001
EULINE BROCK, MAYOR
A I'TEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HER~7~TORNEY
B;~ 2721- CON'~TRA~AL OR~DINAN C E
Attachment 1
CONTRACT AGREEMENT
STATE OF TEXAS §
COUNTY OF DENrrON §
THIS AGREEMENT, made and entered into this 4 day of~ D, 2001,
by and between c~ nfDentnrl , of the County of _._Daatml.__and
State of Texas, acting through Mmhae! A O. nndnff, thereunto duly authorized so to do,
hereinafter termed "OWNER," and
landmark gm]eh]mR T; T, P , ,
1665 Harman Rnad
gnrt Wnrth~ T~ 7177
of the City of Pt. Wnrth , Colmty of Tarrant and State of Texa~ . . ,
hereinafter torrned "CONTRACTOR"
WITNESSETH That for and in consideration of the payments and agreements
hereinafter mentioned, to be made and performed by OWNER, and under the conditions
expressed m~ the bonds attached hereto, CONTRACTOR hereby agrees with OWNER to
commence and complete performance of tho work specified below
glad 2721 - Cnn~tme. tmn of'the Nnrthwo.~t .qe. rmae Ama lRlevnted gtnra~e Ta~k
in the amount of ~1:418;700 and all extra work in connection therewith, under the terms as
stated in the General Conditions of the agreement, and at lus (or their) own proper cost and
expense to furmsh all materials, supplies, machinery, eqmpment, tools, supenntendence, labor,
insurance, and other accessories and servuces necessary to complete the work specified above, in
accordance with the conditions and prices stated m the Proposal and the Performance and
Payment Bonds, attachext hereto, and m 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 m the office of the Purchasing Agent,
and in accordance with the plans, wluch includes all maps, plats, bluepnnts, and other drawings
and pnnted or written explanatop/matter thereof,
CA- 1
and the Specifications therefore, as prepared by
Water ~n~nqenn~ and O.a?tnl Pr~eet~ ntalT
all of wluch are referenced hereto and made a part hereof and collectively evidence and
constitute the enUre contract
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 m be or considered an employee of the
City of Denton, Texas, for the purposes of raceme tax, withholchng, social security taxes,
vacation or sink leave benefits, worker's compensatxon, or any other Cxty employee benefit City
shall not have supervision and control of Contractor or any employee of Contractor, and it ~s
expressly understood that Contractor shall perform the senaces hereunder accordang to the
attached spemficatlons at the general dtrectiun of the City Manager of the C~ty of Denton, Texas,
or h~s designee under th~s agreement
Indemmfication
Contractor shall and does hereby agree to lndemmfy and hold harmless the City of
Denton from any and all damages, loss, or liability of any kind whatsoever, by reason of injury to
property or t/~d persons occasioned by any error, omission or negligent act of Contractor, 1ts
officers, agents, employees, mwtees, and other persons for whom it is legally liable, w~th regard
to the Im'formance of flus Agreement, and Contractor will, at its cost and expense, defend and
protect the Clty of Danton agoanst any and all such cl~ums and demands
Chmee of Law and Venue
Ttns agreement shall be governed by the law of the State of Texas and venue for ~ts
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 foah m wnttan notice to commence work and complete all work
w~th~n the time stated in the Proposal, subject to such extensions of time as are proxncled by the
General and Spemal Cunchtions
The OWNER agrees to pay the CONTRACTOR m current funds the pace or prices
shown in the Proposal, wbach forms a part of flus contract, such payments to be subject to the
General and Special Conditions of the Contract
CA - 2
IN WITNESS WHEREOF, the pmties of these presents have executed fins agreement ,n
the year and day first above written 0~
AT'xTEST I fl ~
(SE t.)
ATTES /~_~ ~..~ Lsndmsrk Structures I, L P
--~ bY Landmar, k Stru~c~res,~il~gement, Inc General Partner
CON/~-/~~-~/
I M~k~ I~mnn. Secretary .
Erzc Lamon
V!ce Pres[dent
1665 Hsrmon Road
Fort It/orth~ TX 76177
MAILING ADDRESS
,(817) 439-8888
PHONE NUMBER
(817) 439-0001
FAX NUMBER
Byvtce President
TITLE
Eric Lemon
APPROVED AS TO FORM PRINTED NAME
city ATTO ¥
CA - 3
BOND NO 6314542
PERFORMANCE BOND
STATE OF TEXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS That ~al~l~]~L~whose address
is 1665 Harmon Road. Fort Worth: TX 76177 , hereinafter called Principal, and
Fxdellty And Deposit Company Of Maryland, a corporation orgamzed and
existing under the laws of the State of Maryland , and fully authorized to transact
business in the State of Texas, as Surety, are held and firmly bound unto the C,ty of Denton, a
mumc~pal corporation orgamzed and extsUng under the laws of the State of Texas, hereinafter
called Owner, in the penal sum of One Mdhon Four Hundred E~ghteen Thousand Seven
}tund~DOLLARS ($ 1:~18:700 ) plus ten percem of the stated penal sum as an
addmonal sum of money representing addmonal court expenses, attorneys' fees, and hqmdated
damages arising out of or connected w, th the below ~dent~fied Contract, in lawful money of the
Umted States, to be pa~d m Denton County, Texas, for the payment of which sum well and
truly to be,made, we hereby brad ourselves, our he,rs, executors, adm~mstrators, successors,
and assigns, jointly and severally, firmly by these presents Th~s Bond shall automaUcally be
increased by the amount of any Change Order or Supplemental Agreement which ~ncreases the
Contract price, but m 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 ~s conditioned as follows Whereas, the
Principal entered into a certain Contract, ,dent~fied by Ordinance Number 2001-456, w~th the
Cny of Denton, the Owner, dated the 4 day of December A D 2001, a copy of which
is hereto attached and made a part hereof, for B~d # 272] - Con.~tructmn of the Northwest
Serwce Area Elevated Storage Tank.
NOW, THEREFORE, ff the Pnnc~pal shall well, truly and fanhfully perform and fulfill
all of the undertal~ngs, covenants, terms, condmons and agreements of sa~d Contract ~n
accordance w~th the Plans, Specifications and Contract Documents dunng the original term
thereof and any extens,on thereof which may be granted by the Owner, w~th or without not~ce
to the Surety, and during the hfe of any guaranty or warranty requnced under th~s Contract, and
shall also well and truly perform and fulfill all the undertakings, covenants, terms, condmons
and agreements of any and all duly authorized modifications of said Contract that may
hereafter be made, not~ce of which modifications to the Surety being hereby waived, and, ~f the
Pnnc]pal shall repair and/or replace all defects due to faulty matermls and workmanship that
appear w~thln a period of one (1) year from the date of final completion and final acceptance of
the Work by the Owner, and, ~f the Prlnc~pal shall fully ~ndemmfy and save harmless the
Owner from all costs and damages whmh Owner may suffer by reason of failure to so perform
here~n andl shall fully reimburse and repay Owner all outlay and expense which the Owner may
incur m making good any default or deficiency, then th~s obhgat~on shall be void, otherwise, it
shall remain m full force and effect
PB - 1
PROVIDED FURTHER. that If any legal action be filed upon fins Bond. exclusive venue
shall lle ~n Denton County. State of Texas
AND PROVIDED FURTHER. that the smd Surety. for value received, hereby stipulates
and agrees that no change, extension of t~me. alteratmn or addmon to the terms of the Contract.
or to the Work to be performed thereunder, or to the Plans. Specifications. Dravangs. etc.
accompanying the same. shall m anywme affect its obhgat~on on fins Bond. and it does hereby
wmve not~ce of any such change, extension of t~me. alteratmn or adchtlon to the terms of the
Contract. or to the Work to be performed thereunder, or to the Plans. Spec~ficatmns. Dravangs.
etc
This Bond is given pursuant to the provlmons 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 ts hereby demgnatcd by the Surety her¢~n as the
Resident Agent ~n Denton County to whom any reqmslte notmes may be dehvered and on whom
sennce of process may be had in matters arising out of such suretyslup, as prowded by A~cle
7 19-1 of the Insurance Code. Vernon's Annotated Civil Statutes of the State of Texas
IN WITNESS WHEREOF. fins instrument m executed in 4 copras, each one of
whmh shall be deemed an ongmal, fins the . 4 day of~ ~001
ATTEST PKINCIPAL Lsndmark Structures I, L P
by La,ndmark Structures Naneg~~neral Psrtner
SECRE~AR . ~s,o, ~
BY
Vice PRES~.,J~----~
ATTEST SURETY
~ ~ 9 . Fidelity And~Dep,os~t ,Compaey Of Maryland
(~ ATTO~NEY-IN'FA~T M ~- ¢ h a e i G r o s s
The Remdent Agent of the Surety m Denton County, Texas for dehvery of nonce and sermce of
the process is
NA_~V~E Tracey L Haley
STREETADDRESS 12222 Merit Dr , Su[te 900, Dallas, TX 75251
(NOYE Date of Performance Bond rnuat be clat~ of Contract If Re~icl¢~t Agent ~ not a
COrl~Oratlon, give a per$oi~ ~ l~aln¢ )
PB-2
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
HOME OFFICE P O BOX '1227, BALTIMORE, MD 21203-1227
Know ALL MEN BY THESE PRESENTS That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a
corporataon, of the State of Maryland, by M J ANDERSON, Vice President, and T E SMITH, Assistant Secretary, m
pursuance of authority granted by Article VI, Section 2, of the By-Laws of said Company, which are set forth on the reverse
side hereof,and are hereby cerUfied to be tn full force and effect on the date hereof, does hereby nominate, constitute and
appoint Chr~ Ennght, John Sarnovsky, David Saitmarsh Ray A Blyler, Jr, Ltha Royko and Jennifer
Jones, all of Toronto, Ontario, EACH its true and to make, execute, seal and dehver,
for, and on its behalf as surety, and as its act and deed undertakangs and the execution of such
bonds or undertakings m pursuance of these as pon said Company, as fully and amply, to all
intents and purposes, as if they had been dui' ~ the regularly elected officers of the Company at
its office m Baltunore, Md, m their own of attorney revokes that issued on behalf of Chris
Euright, John Sarnovsky, David Salunarsl~ , Ltha Royko, and Jennifer Jones, dated October
19, 2000
The said Assistant Secreta~ does hereby the reverse side hereof ~s a ~rue copy of Amcle VI,
Section 2
IN WITNESS WHEREOF, Assistant Secretary have hereunto subscribed their names and
affixed the Corporate $ ? COMPANY OF MARYLAND, this 1 st day of November,
A D 2000
ATTEST COMPANY OF MARYLAND
T E Smith M d Anderson Vice President
State of Maryland'~
County of Balmnore) ss
On this 1st day of November, A D 2000, before the subscriber, a Notary Public of the State of Maryland, duly
commissioned and qualified, came M J ANDERSON, Vice President, and T E SMITH, Assistant Secretary of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the mthviduals and officers
described in and who executed the preceding msl~ument, and they each acknowledged the execution of the same, and being
by me duly sworn, severally and each for hunself deposath and saith, that they are the said officers of the Company aforesaid,
and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the smd Corporate Seal
and their signatures as such officers were duly affixed and subscribed to the said msrcument by the authority and d~rection of
the said Corporation
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above
written
Carol J Fader Notary Pubhc
My Commission Expires August 1, 2004
POA-F 210-
EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND
"Article VI, Section 2 The Chairman of the Board, or thc President, or any Executive Vice-President, or any of the Senior
Vine-Presidents or Vine-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee,
shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident
Vice-Presidents, Assistant Vice-Presidents and Attorneys-m-Fact as the business of the Company may reqmre, or to
authorize any pemon or pemons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations,
policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments m
the nature of mortgages, and to affix the seal of the Company thereto"
CERTIFICATE
I, the undersigned, Assmtant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify
that the original Power of Attorney of wfueh the foregnmg is a full, tree and correct copy, is m full force and effect on the
date of this certificate, and I do further certify that the Vice-President who executed the said Power of Attorney was one of
the adthtaoanl Vice-Presldents specially authorized by the Board of D~rectors to appoint any Attorney-m-Fact as provided m
Article VI, Section 2, of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND
This Power of Attorney and Certificate may be signed by facstmde under and by authority of the following resolution of the
Board of D~rectors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meetmg duly called and held on
the 10th day of May, 1990
RESOLVED "That the facstrmle or mechanically reproduced seal of the company and facsumle or mechanically
reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or
hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and
binding upon the Company with the same force and effect as though manually affixed"
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company,
this 6th dayof December 2001
BOND NO 6314542
PAYMENT BOND
STATE OF~ TEXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS That ~ax~:lmalKL2,~_, whose address
is 1655 Harmon Road: Fort Worth: TX 76177 , hereinafter called Pnmpal, and
Fzdelztv And Deposzt Comoany Of Maryland, a corporation organized and
existing under the laws of the State of Maryland, and fully authorized to transact business m
the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a municipal
corporation orgamzed and exlstmg 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 bmldmg or unprovements heremafter referred to, in the penal sum of
One Mflhon Four Hundred Eighteen Thousand Seven Hundred 0/I00 DOLLARS ($1,418,700)
m lawful money of the Umted States, to be paid m Denton, County, Texas, for the payment of
which sum well and truly to be made, we hereby brad ourselves, our he~rs, executors,
adunmstrators, successors, and assigns, jomfly and severally, firmly by these presents Th~s
Bond shalli automatically be increased by the amount of any Change Order or Supplememal
Agreement whmh 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 ~, with
the City of Denton, the Owner, dated the 4 day of January A D _20D/_, a copy of
which is hereto attached and made a part hereof, for Bid 2721 - Construct,on of the Northwest
Service Area Elevated Storage Tank.
NOW, THEREFORE, if the Prmmpal shall well, truly and faithfully perform xts duties
and make prompt payment to all persons, firms, subcontractors, corporations and clannants
supplying labor and/or material m the prosecution of the Work provided for in said Contract
and any and all duly authorized modifications of said Contract that may hereafter be made,
notice of whmh modifications to the Surety bemg hereby expressly waived, then this obhgat~on
shall be v6~d, otherwise it shall remain in full force and effect
PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive venue
shall he in Denton County, Texas
AND PROVIDED FURTHER, that the said Surety, for value recmved, hereby
stipulates and agrees that no change, extension of tune, alteration or ad&txon 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 obhgat~on on this Bond,
and it does hereby wmve notice of any such change, extension of tune, 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
Tlus Bond is g~ven pursuant to the provlslons of Chapter 2253 of the Texas Government
Code, as amended, and any other apphcable statutes of the State of Texas
The undersigned and demgnated agent is hereby deslgnated by the Surety herein as the
Resident Agent m Denton County to whom any reqmme noUces may be dehvered and on whom
servme of process may be had xn matters arising out of such suretyship, as provided by Artmle
7 19-1 of the'Insurance Code, Vemoffs Annotated Cwfl Statutes of the State of Texas
IN WITNESS WHEREOF, th~s mstmmant ~s executed m 4 coplas, each one ofwbach
shall be deemed an original, this the 4 day of De,ember, ~
ATTEST ~-" ~'x PRINCIPAL Landmark Structures I, L.P
bv Landmark Structures Managen~13~;~''~'~'eeneral Partner
SECRET.~'R~on ~" BY Eric Lams
Woe PRES~
ATTEST SURETY
0'~~~~'-~~ :l'n-Facg ByFldoi~f'Y~_/J/~And Depot/t, Company Of Maryland
BY
ATTORNEY-IN-FACT Mxchael Gross
The Residem Agem oftheSuretym De.on County, Texas ~rdehve~ ofnotmeandsetvmeof
theprocess~s
NAlVlE Tracey L Haley
STREET ADDRESS 12222 Mer, zg Dr , Suzte 900, Dallas, TX 75251
(NOTE Date of Payment Bond must be date of Contract If ResMent Agent ts not a
corporatton, gtve a person's name }
PB-4
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
HOME OFFICE' P O BOX 1227, BALTIMORE, MD 2t203-1227
Know ALL MEN BY THESE PRESENTS That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a
corporation, of the State of Maryland, by M J ANDERSON, Vice President, and T E SMITH, Assistant Secretary, in
pursuance of anthonty gran~d by Article VI, Se~lnn 2, of the By-Laws of said Company, which are set forth on the reverse
side hereof and are hereby cerUfied to be m full force and effect on the date hereof, does hereby nominate, constitute and
appoint Chris Enrlght, John Sarnovsky, Ray A Blyler, Jr, Liha Royko and Jennifer
Jones, all of Toronto, Ontario, EACH its true and to make, execute, seat and deliver,
for, and on its behalf as surety, and as its act and deed undertakings and the execution of such
bonds or undertakings m pursuance of these pon said Company, as fully and amply, to all
intents and purposes, as if they ~ the regularly elected officers of the Company at
l~s office m Baltnnore, Md, m then. own of attorney revokes that issued on behalf of Chris
Ennght, John Sarnovsky, David Saltmarsl~ , Lflia Royko, and Jennifer Jones, dated October
19, 2000
The smd Assistant Secte~a~ does hereby a the reverse side hereof ~s a true copy of A~cle VI,
Section 2, oJ
IN WITNESS WHEREOF, the Assistant Secretary have hereunto subscribed then' names and
affixed the Corporate $ OF MARYLAND, this 1st day of November,
A D 2000
ATTEST OF MARYLAND
T E Smtth M J Anderson Vtce President
State of Maryland~
County of Baltunore) ss
On this 1st day of November, A D 2000, before the subscriber, a Notary Public of the State of Maryland, duly
commissioned and qualified, came M J ANDERSON, Vice President, and T E SMITH, Assistant Secretary of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers
described m and who executed the preceding msWument, and they each acknowledged the execution of the same, and being
by me duly sworn, severally and each for hnnself deposeth and saith, that they are the said officers of the Company aforesaid,
and that the seal affmed to the preceding mstrumant as the Corporate Seal of said Company, and that the said Corporate Seal
and thew signatures as such officers were duly affixed and subscribed to the smd instrument by the authority and dn'ectaon of
the said C~rporatinn
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above
written
Carol J Fader Notary Pubhc
My Commission Expn'es August 1, 2004
POA-F 210-
EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND
"Article VI, Section 2 The Chatrman of the Board, or the President, or any Executive V~ce-President, or any of the Semor
Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee,
shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident
Vice-Presidents, Assistant Vice-Presidents and Attorneys-m-Fact as the business of the Gompany may reqmre, or to
authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, st~pulations,
pohcles, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments m
the nature of mortgages, and to affix the seal of the Company thereto"
CERTIFICATE
I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify
that the original Power of Attorney of which the foregoing is a full, m~e and correct copy, is m full force end effect on the
date of thru certificate, and I do further certify that the Vine-President who exeented the said Power of Attorney was one of
the additional Vice-Presidents specially authorized by the Board of Daeetors to appoint any Attorney-m-Fact as provided m
Article VI, Section 2, of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND
This Power of Attorney and Certificate may be stgned by facsunfle under and by authority of the fullowmg resolution of the
Board of D~rectors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on
the 10th day of May, 1990
RESOLVED "That the facstmfle or mechanically reproduced seal of the company and facsmafle or mechanically
reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or
hereatter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid end
bmdmg upon the Company with the same force and effect as though manually affixed"
IN TESTIMONY WHEREOF, I have hereumo subscribed my name and affixed the corporate seal of the said Company,
this 4th dayof December 2001
CITY OF DENTON
INSURANCE REQUIREMENTS FOR CONTRACTORS
Bidder's attention ts dtrected to the insurance requirements below. It Is highly recommended
that bidders confer with their respective Insurance carriers or brokers to determine In advance
of Bid subtntsslon the availability of Insurance certificates and endorsements as prescribed
and provided herein. If an apparent Iow bidder falls to comply strictly with the insurance
requirements, that btdder may be disqualOled from award of the contrac& Upon btd award, all
Insurance requirements shall become contractual obligations, which the successful bidder
shall have a duty to tnalntaln throughout the course of this contract
STANDARD PROVISIONS:
Wtthout ltmtttng any of the other obhgattons or habthttes of the Contractor, the Contractor shall
provtde and mamtatn untd the contracted work has been completed and accepted by the Ctty of
Denton, Owner, the mmtmum insurance coverage as mdtcated heretnafler
As soon as practtcoble after nottficotton of btd award, Contractor shall file wtth the Purchasing
Department satisfactory certtficates of insurance, contammg the btd number and t~tle of the
project Contractor may, upon written request to the Purchasmg Department, ask for
clartficatton of any insurance requtrements at any ttme, however, Contractors are strongly
advtsed to make such requests prtor to btd opening, stnce the tnsurance requtrements may not be
modtfied or warred after btd opentng unless a wr#ten exceptton has been submttted with the bid
Contractor shall not commence any worh 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 pohctes proposed or obtained tn sattsfact~on of these requzrements shall comply
wtth the following general spectflcattons, and shah be matntamed tn compliance wtth these
general spectficattons throughout the duratton of the Contract, or longer, tf so noted
· Each policy shall be issued by a company authorized to do business m the State of
Texas w~th an A M Best Company rating of at least A
· Any deductibles or self-insured retentions shall be declared in the b~d proposal If
requested by the City, the insurer shall reduce or ehmmate such deductibles or
self-insured retentmns vath respect to the Cxty, its officials, agents, employees and
volunteers, or, the contractor shall procure a bond guaranteeing payment of losses
agd related mvest~gatmns, claun admmistmtmn and defense expenses
· Liability pohmes shall be endorsed to prowde the following
· . Name as addmonal insured the C~ty of Denton, ~ts Officmls, Agents,
Employees and volunteers
** That such ansurance as primary to any other insurance avmlable to the
adchUonal insured w~th respect to claims covered under the pohcy and that flus
insurance apphes separately to each insured against whom clmm as made or
stat is brought The inclusion of more than one insured shall not operate to
increase the insurer's l~m~t of liability
· All pohclos shall be endorsed to ~
"ff~41D 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 NONPAYMENT OF PREMIUM IN
WHICH CASE I0 DAYS ADVANCE WRITTEN NOTICE IS REQUIRED".
· Should any of the reqmred insurance be prowded under a clmms-made form,
Contractor shall maintain such coverage continuously throughout the term of flus
contract and, w~thout lapse, for a period of three years beyond the contract
expiration, such that occurrences arising dtmng the contract term wluch g~ve nsc to
claims made after expiration of the contract shall be covered
· Should any of the reqmred insurance be prowded under a form of coverage that
includes a general annual aggregate hm~t prow&ng for clmms ~nvemgat~on or legal
defense costs to be included in the general annual aggregate hmlt, the Contractor
shall eather double the occurrence hnuts or obtain Owners and Contractors
Protective Liability Insurance
· Should any required insurance lapse dunng the contract term, requests for payments
ongnnatmg after such lapse shall not be processed until the Caty receives satasfactory
ewdenco of reinstated coverage as reqmred by flus contract, effectave as of the lapse
date If insurance is not reinstated, City may, at its sole optaon, terrmnate tl~s
agreement effective on the date of the lapse
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS:
Ag insurance pohc~es proposed or obtained in satisfaction of this Contract shall additionally
comply with the followmg marked specifications, and shall be malntamed m comphance with
these additional specifications throughout the duration of the Contract, or longer, if so noted
IX] A General Liability Insurance:
General Liability ansuranee vnth combined single limits of not less than .$1
shall be prowded and mmnta~ned by the Contractor The pohcy shall be written on
an occurrence hasas eather an a single policy or an a combanatton of underlying and
umbrella or excess pohmes
If the Commercial General Liability form (ISO Form CG 0001 current edmon) as
uged
· Coverage A shall include premises, operations, products, and completed
operations, independent contractors, contractual hainhty covenng tins
contract and broad form property damage coverage
· Coverage B shall include personal injury
· Coverage C, medical payments, is not reqmred
Ill the Comprehensive General Liability form (ISO Form GL 0002 Current Edition
and ISO Form OL 0404) is used, it shall include at least
· Bodily injury and Property Damage Liability for premises, operations,
products and completed operations, independent contractom and property
damage resulting from explosion, collapse or underground (XCU)
exposures
· Broad form contractual liability (preferably by endorsement) covering flus
contract, personal inJury hainhty and broad form property damage habthty
IX] Aut?mobile Lmbility Insurance:
Contractor shall pmxade Commercial Automobile Liability insurance w~th Combined
SingleI Limits (CSL) of not less than ~5ofl;oofl , either m a single policy or in a
combmatlon of basic and umbrella or excess pohcles The policy will include bochly
injury,and property damage habfllty arising out of the operation, maintenance and use of
all automobiles and moinle eqmpment used m cunjunctton wath tbas contract
Sat~sf~ctmn of the above requirement shall be in the form of a policy endorsement for
· uny auto, or
· all owned, lured and non-owned autos
[X] Workers Compan~ation Insurance
Contractor shall purchase and mmntam Worker's Compensation insurance winch, in
addition to meeting the minimum statutory reqmremants for issuance of such insurance,
has Employer's Llabthty limits of at least $100,000 for each accident, $100,000 per each
employee, and a $500,000 policy hmlt for uccupatmnal disease The City need not be
named as an "Adchtaonal Insured" but the insurer shall agree to waive all rights of
subrogation against the City, its officials, agents, employees and volunteers for any work
performed for the C~ty by the Named Insured For building or construction projects, the
Contractor shall comply with the provisions of Attachment 1 in accordance with
§406 Q96 of the Texas Labor Code and role 28TAC 110 l l0 of the Texas Worker's
Compensation Commission (TWCC)
[ ] Owner's and Contractor's Protective Lmbility Insurance
The Contractor shall obtmn, pay for and mamtmn at all tames dunng the prosecution of
the work under fins contract, an Owner's and Contractor's Protectlve L~abfl~ty Insurance
policy natmng the C~ty as insured for property damage and bodily mjmy wlnch may arise
m the prosecutton of the work or Contractor's operations under this contract Coverage
shall be on an "occurrence" bas~s, and the pohcy shall be ~ssned by the same ~nsurance
company that carries the Contractor's habfllty m~surance Policy hm~ts will be at least
, combined bochly injury and property damage per occurrence with a
aggregate
[ ] F~re Damage Legal Liability Insurance
Coverage Is reqmrad ff Broad form General Lmblhty ~s not provtded or is unavailable to
the contractor or ~f a contractor leases or rents a portion of a City bufldxng L~rmts of not
less than each occurrence are reqmred
[ ] Professional Liability Insurance
Professional habd~ty insurance w~th l~m~ts not less than , per clmm w~th
respect to negligent acts, errors or omissions m connecnon w~th professmnal serwces is
reqtllr~d under tills Agreement
[ ] Budders' R~k Insurance
Bmlders' Rtsk Insurance, on an All-R~sk form for 100% of the completed value shall be
provided Such pohcy shall include as 'Named Insured" the City of Denton and all
subcontractors as thetr interests may appear
[ ] Additional Insurance
Other~msurance may be reqmred on an md~wdual basis for extra hazardous contracts and
specific serwce agreements If such adchtlonal insurance is reqmred for a spectfic
contract, that reqmrement vall be described m the "Specific Condltmns" of the contract
spemflcat~ons
ATTACHMENT 1
Worker*s Compensation Coverage for Braiding or Construction ProJects for
Governmental Enht~es
A Defimtions
Certificate of coverage (%ert~ficate")-A copy of a certificate of insurance, a
certificate of authority to self-insure ~ssued by the commisswn, or a coverage
agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory
workers' compensation insurance coverage for the person's or entity's employees
providing servwes on a project, for the duration of the project
Duration of the project - includes the time from the begmnmg of the work on the
project until the contractors/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 careers, owner-operators, employees of any such entity, or
employees of any entity which furnishes persons to provide services on the project
"Services" include, vothout hmitation, providing, hauling, or dehvenng equipment
or materials, or providing labor, transportation, or other service related to a project
"Servwes'~ does not include activities unrelated to the project, such as food/beverage
vendors, office supply dehvenes, and delivery of portable toilets
B The contractor shall provide coverage, based on proper reporting of classification
codes and payroll amounts and filing of any overage agreements, which meets the
statutory requirements of Texas Labor Code, Section 401 011(44) for all employees
of the Contractor prowdmg services on the project, for the duration of the project
C The Contractor must provide a certificate of coverage to the governmental entity
prior to being awarded the contract
D If the coverage period shown on the contractor's current certificate of coverage ends
during the duration of the project, the contractor must, prior to the end of the
coverage period, file a new certificate of coverage with the governmental entity
showing that coverage has been extended
E The contractor shall obtmn from each person provadlng services on a project, and
provide to the governmental entaty
(1) a certificate of coverage, prior to that person begmnmg work on the project, so
the governmental entity will have on file certificates of coverage showing
coverage for all persons prowdmg se~vaces on the project, and
(2) no later than seven days after receapt by the contractor, a new cemficate of
coverage showing extension of coverage, ff the coverage period shown on the
current cemficate of coverage ends dunng the duration of the project
F The contractor shall retain all reqmred cerhficates of coverage for the duration of the
project and for one year thereafter
G The contractor shall notify the governmental en~aty in wnUng by certafied marl or
personal dehvery, w~thm l0 days after the contractor knew or should have known, of
any change that materially affects the prowmon of coverage of any person providing
serv~ees on the project
H The contractor shall post on each project sate a not~ee, m the text, form and manner
prescribed by the Texas Workers' Compensation Commission, reforming all persons
providing servaces on the project that they are reqmred to be covered, and stating
how a person may verify coverage and report lack of coverage
I The contractor shall contractually reqmre each person w~th whom ~t contracts to
provade services on a project, to
(1) provade coverage, based on proper reportmg of classaficat~on codes and payroll
amounts and fihng of any coverage agreements, which meets the statutory
reqmrements of Texas Labor Code, Section 401 011(44) for all of ats
employees provadmg servaces on the project, for the duration of the project,
(2) provade to the contractor, prior to that person bagmnmg work on the project, a
cemficate of coverage showing that coverage ~s beang provaded for all
employees of the person provadmg services on the project, for the durataon of
the pwject,
(3) provade the contractor, prior to the end of the coverage period, a new
certificate of covers, ge showang extension of coverage, ff the coverage period
shown on the current certaficate of coverage ends dunng the duration of the
project,
(4) obtain from each other person with whom it contracts, and provide to the
contractor
(a) a certlfieata of coverage, prior to the other person beginning work on the
project, and
(b) a new certtfieate of coverage showing extension of coverage, prior to the
end of the coverage period, if the coverage period shown on the current
certificate of coverage ends during the duration of the project,
(5) retain all required certificates of coverage on file for the duration of the project
and for one year thereafter,
(6) notify the governmental entity In wilting by certified mall or personal
delivery, Wlthln l0 days at~er 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 providm8 services
J 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 class~fieation codes and payroll mounts, and
that all coverage agreements will be filed with the appropriate insurance carrier or,
in the case of a self-msured, with the commission's Division of Self-Insurance
Regulation Providing false or misleading information may subject the contractor to
admlmstrative penalties, onmlnal penalties, cIvil penalties, or other civil actions
K The contractor's failure to comply with any of these provisions Is a breach of
contract by the contractor which entitles the governmental entity to declare the
contract void if the contractor does not remedy the breach within ten days after
receipt of notice of breach from the governmental entity
01/21/2002 09 35 LANDMARK STRUCTURES a 1940349?302 NO 34~
TIFICATE OF LIABILITY INSURANCE
" ' ~ THtS CErtifICATE I~ ISaUE~ Aa · ~ OF ~FORM~TIOh
I HOLDER THIG CERTtFCATE DOES NOT AMEND ~X~ND OR
~, 0 ~OX i 1~ L ALTER THE COVERAGE AFFOROEO BY T~E
,.~u.~. ~;u.;3~ L~ermen's Mutual Ca~ual~y Compa~
Landma~ Stm(tu~s I, LP ,,~su.~.~ N6rthern Insurance Company of NY
166s Ham~on ~oad '~...c Kemper Insurance Company
Fon Womb, TX 76~77 l,~u.~.o Valiant Insurance Company
THE ~LICI~ OF [N~RAN~LISTEO ~LOW HAVE ~EEN I~EO TO THE INSURED N~MEO ~0V~ FOR THE pOlICY P~IO~ INO[CATED ~TWITH~TANDING
X c~.~ 'X ~ou. Professional Liab :.~x.(~v~..~) sl0. 000
x~lkt AI/woG/30 iPolluctOn Liab ~ ,PERSONA~&ADVINJURY
~ ~v ~ I _ ~ Written contra~t , I ~ .....
C ex~lamU~ ,4LS00206001 107/14/01 ~07/!4/02 ~;~e.~cu~ns.c~ I,10,000,00~
C ~ ~.~ Included ~ ~ ~
D~:~"ENS*~m~ ~TC2S05375~" 07/14/01 07/14/02 :wo~u ,
E~L~E~ UABI~ I ~ [ ,~ ~ E~H ACGIDENT
X ,Blkt W0~/30 ~As required by ~ ~ ~o,s~ ;~eu,~o~EE,,500,000
I ~ , ~ ,, m
Job ~id 272~-Construction of the Northwest ~ervice Area Elevated Sto~a~e
Tank ~e~t~f~oate ~ol~e~ (O~e~) an~ ~ngine=r ar= included ~m A~stional
Insureds on General L~abil~ty A Wazver of Subrogation is Included
favor of the same on all ~ol~cies. Sa~d Dolzcy shall nO~ be cancelled,
,(See Attached Descriptions)
,
01/21/2002 89 ~ LANDMRRK STRUCTURES -~ 1940~497302 NO ~40 [700~
IMPORTANT
If Ihs oert;flcate bolO'er 1~ an ADDITIONAl. INSURED, the poll,~y(lea)musl t~e endorsed A statement
on ~nl8 oertltlcete sees not confer rlgt~te to tho oe~illeata holder in lieu el such e~doreement(sl
[! SUBROGATION IS WAIVED subject to the terms end con~htlona of Ihs policy, cerla~n policies mey
require an endorsement A ststement on this certificate does not confer rights to the certificate
holder In Ilea el su,~h endorsement(e)
DI$OLAIMEfl
The Cs./floats of {neurotics on the rever~e s~le of Ibis form ~ not constitute ~ cont~acl between
affirmS{rely or negstively emend, exten~ or alter the co.rage ~ffo~de~ ~7 the policies ~vsted the~eo~
81/21/2082 89 $5 LANDMARK STRUCTURES m 1948349?382 NO 348 Q004
- ~EgCRIPTIO~S (Continued from Page 1) .
nswe~ or m~terlally changed without. 30 d~ys u~vanc~d ~r~tte~_no~lce
beln~ ~lYen to ,the owner (C~y) sx~ept w~en ~ne ~oiicy ls being
I~nl~ent of pr®~i~ zn which case 10 d&y~ advance written
~reguired.