1999-193 NOTE' Change Order No. 1 - Ordinance No. 99-393
O INA CENO
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS
CONTRACT FOR CONSTRUCTION OF THE NEW FLEET MAINTENANCE FACILITY,
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN
EFFECTIVE DATE (BID 2361 - FLEET MAINTENANCE FACILITY AWARDED TO
RATCLIFF CONSTRUCTORS, INC IN THE AMOUNT OF $1,998,650)
WHEREAS, the City has solicited, received and tabulated compet, tlve bids for the
construction ofpubhc works or improvements m 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 descnbed m the bid invitation, bid proposals and plans and specifications therein,
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the following competitive bids for the construction ofpubhc works or
improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on
file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto,
are hereby accepted and approved as being the lowest responsible bids
BID
~BER CONTRACTOR AMOUNT
2361 RATCLIFF CONSTRUCTORS, INC $1,998,650
SECTION II That the acceptance and approval of the above competitive bids shall not
constitute a contract between the City and the person submitting the bid for construction of such
public works or improvements herein accepted and approved, untd such person shall comply with
all requirements specified in the Notice to Bidders including the timely execution of a written
contract and furmshlng of performance and payment bonds, and insurance certificate after
notification of the award of the bid
SECTION III That the City Manager m hereby authorized to execute all necessary written
contracts for the performance of the construction of the public works or improvements m accordance
with the bids accepted and approved herein, provided that such contracts are made in accordance
with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms,
conditions, plans and specifications, standards, quantities and specified sums contained therein
SECTION IV That upon acceptance and approval of the above competitive b~ds and the
executton of contracts for the pubhc works and ~mprovements as authorized here~n, the C~ty Councd
hereby authorizes the expenditure of funds ~n the manner and ~n the amount as spemfied ~n such
approved b~ds and authorized contracts executed pursuant thereto
SECTION V That th~s ordinance shall become effective ~mmed~ately upon ~ts passage and
approval
PASSED AND APPROVED th~s the /.~day of ~,/~J .1999
JA~I~LER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
BY ~4_ *
BID 2361 - CONTRACTUAL ORDINANCE
ATTACHMENT 1
TABULATION SHEET
B~d # 2361 Date 5/20/99
MAINTENANCE FACILITY
NoI DE$CR!PTION V,ENDOR VENDOR VENDOR VENDOR
Ratchff
JRJ
Constructors, Construction DBR Sedalco, Inc
Inc
1 TOTAL BID AWARD $1,998,650 $2,385,000 $2,403,140 $2,515,000
COMPLETION DAYS 240 Days 300 Days 250 Days 210 Days
CONTRACT AGREEMENT
STATE OF TEXAS §
COUNTY OF DENTON §
THIS AGREEMENT, made and entered into this 15 day of JUNE A.D, 1999, by and
between CITY OF DENTON of the County of DENTON and State of Texas, acting through
MICHAEL W JEZ, City Manager, thereunto duly authorized so to do, hereinafter termed
"OWNER," and
RATCLIFF CONSTRUCTORS, INC
11498 LUNA ROAD, SUITE A-103
DALLAS, TEXAS 75234
of the City of DALLAS County of DALLAS and State of TEXAS, hereinafter termed
"CONTRACTOR"
WITNESSETH That for and m consideration of the payments and agreements
hereinafter mentxoned, 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 the work specified below
BID # 2361 - FLEET MAINTENANCE FACILITY
in the amount of $1,998,650.00 and all extra work in connection therewith, under the terms
as stated in the General Conditions of the agreement, and at h~s (or their) own proper cost and
expense to furmsh all materials, supphes, machinery, equipment, tools, superintendence,
labor, msurance, and other accessories and services necessary to complete the work specified
above, in accordance with the conditions and prices stated in the Proposal attached hereto, and
in accordance with all the General Conditions of the Agreement, the Special Contht~ons, the
Notice to Bidders (Advertisement for B~ds), Instructions to Bidders, and the Performance and
Payment Bonds, all attached hereto, and in
CA- 1
accordance w~th the plans, wMch includes all maps, plats, bluepnnts, and other drawings and
printed or written explanatory matter thereof, and the Specff~cauons therefore, as prepared by
HUITT-ZOLLARS, INC ,
all of which are made a part hereof and collectively evidence and constitute the entire contract
Independent Status
It ~s mutually understood and agreed by and between C~ty and Contractor that
Contractor is an independent contractor and shall not be deemed to be or considered an
employee of the C~ty of Denton, Texas, for the purposes of income tax, w~thholdmg, social
security taxes, vacation or s~ck leave benefits, worker's compensation, or any other Cay
employee benefit C~ty shall not have supervision and control of Contractor or any employee
of Contractor, and it ~s expressly understood that Contractor shall perform the services
hereunder according to the attached speclflcattons at the general dlrecnon of the Cay Manager
of the City of Denton, Texas, or Ms designee under tMs agreement
Indemnification
Contractor shall and does hereby agree to ~ndemmfy and hold harmless the C~ty of
Denton from any and all damages, loss, or habfl~ty of any k~nd whatsoever, by reason of injury
to property or third persons occasioned by any error, omission or neghgent act of Contractor,
~ts officers, agents, employees, ~nwtees, and other persons for whom ~t ~s legally hable, w~th
regard to the performance of th~s Agreement, and Contractor will, at ~ts cost and expense,
defend and protect the C~ty of Denton against any and all such clmms and demands
Chmce of Law and Venue
Th~s agreement shall be governed by the law of the State of Texas and venue for ~ts
constructmn and enforcement shall he ~n the courts of Denton County, Texas
The CONTRACTOR hereby agrees to conunence work on or after the date estabhshed
for the start of work as set forth ~n written not~ce to commence work and complete all work
w~th~n the t~me stated m the Proposal, subject to such extensions of t~me as are prowded by the
General and Special Conditions
The OWNER agrees to pay the CONTRACTOR ~n current funds the price or prices
shown m the Proposal, which forms a part of th~s contract, such payments to be subject to the
General and Special Contht~ons of the Contract
CA - 2
IN WITNESS WHEREOF, the part~es of these presents have executed th~s a~
In the year and day first above written
ATTEST
(/· <sE )
ATTEST
L~A~,_ .~. ~..o,..~ Ratcllff Constructors, Inc.
~ CONTRACTOR
~1498 Luna Road
Suite 103
Ballaa. ~avaa
MAILING ADDRESS
972-432-9969
PHONE NUMBER
972-432-9943
FAX NUMBER
TITLE ~
R //~ Max K. YOung
APPROVED AS TO FO~ PRINTED NAME
~ff..~j~ ~c.f/~] (SEAL)
CI'I'Y ~%~rToR'NEY ~/ CA - 3
PERFORMANCE BOND
STATE OF TEXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS That RATCLIFF CONSTRUCTORS,
INC, whose address is 11498 LUNA ROAD SUITE A-103, DALLAS, TX 75234,
hereinafter called Principal, and ,
a corporation orgamzed and ex~stmg und6r the laws of the State of TEXAS, and fully
authorized to transact business m the State of Texas, as Surety, are held and firmly bound unto
the City of Denton, a mumc~pal corporation organized and ex~stmg under the laws of the State
of Texas, hereinafter called Owner, m the penal sum of ONE MILLION NINE HUNDRED
NINETY EIGHT THOUSAND SIX HUNDRED AND FIFTY and no/100 DOLLARS
($1,998,650 00) plus ten percent of the stated penal sum as an additional sum of money
representing additional court expenses, attorneys' fees, and hqmdated damages arising out of
or connected wxth the below ~dentWxed Contract, m 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 bind ourselves, our he,rs, executors, admimstrators, successors, and assigns, jointly
and severally, firmly by these presents Th~s Bond shall automatically be ~ncreased by the
amount of any Change Order or Supplemental Agreemem which increases the Contract price,
but m no event shall a Change Order or Supplemental Agreement which reduces the Contract
price decrease the penal sum of th~s Bond
THE OBLIGATION TO PAY SAME ~s conditioned as follows Whereas, the Principal
entered mto a certain Contract, identified by Orthnance Number 99-193, w~th the C~ty of
Denton, the Owner, dated the 15 day of June A.D 1999, a copy of which ~s hereto attached
and made a part hereof, for BID # 2361 - FLEET MAINTENANCE FACILITY.
NOW, THEREFORE, ~f the Pnnc~pal shall well, truly and fmthfully perform and fulfill
all of the undertakings, covenants, terms, conditions and agreements of said Contract m
accordance with the Plans, Specifications and Contract Documents during the original term
thereof and any extension thereof which may be granted by the Owner, w~th or without not,ce
to the Surety, and during the life of any guaranty or warranty required under th~s Contract, and
shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions
and agreements of any and all duly authorized modifications of sa~d Contract that may
hereafter be made, notice of which modifications to the Surety being hereby wmved, and, ff the
Principal shall repmr and/or replace all defects due to faulty materials and workmanship 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, if the Principal shall fully mdemmfy and save harmless the
Owner from all costs and damages which Owner may suffer by reason of failure to so perform
hereto and shall fully reimburse and repay Owner all outlay and expense which the Owner may
incur In malting good any default or deficiency, then this obhgat~on shall be void, otherwise, It
shall remain m full force and effect
PB - 1
PROVIDED FURTHER, that ~f any legal action be filed upon th~s Bond, exclusive
venue shall he m Denton County, State of Texas
AND PROVIDED FURTHER, that the said Surety, for value received, hereby
stipulates and agrees that no change, extension of t~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, accompanying the same, shall in anywise affect ~ts obhgat~on on this Bond,
and ~t does hereby waive not~ce of any such change, extension of t~me, alteration or addition to
the terms of the Contract, or to the Work to be performed thereunder, or to the Plans,
Spec~ficatxons, Drawings, etc
This Bond ~s g~ven pursuant to the provis~ons of Chapter 2253 of the Texas
Government Code, as amended, and any other apphcable statutes of the State of Texas
The undersigned and designated agent ~s hereby designated by the Surety herein as the
Resident Agent m Denton County to whom any requisite notices may be dehvered and on
whom serwce of process may be had m matters arising out of such suretyship, as provided by
Article 7 19-1 of the Insurance Code, Vernon's Annotated Clwl Statutes of the State of Texas
IN WITNESS WHEREOF, thxs mstrument is executed in 4 cop~es, each one of which
shall be deemed an ongmal, th~s the 15 day of JUNE 1999
ATTEST PRINCIPAL
BY
SECRETARY BY
PRESIDENT
ATTEST SURETY
BY
BY
ATTORNEY-IN-FACT
The Resident Agent of the Surety m Denton County, Texas for dehvery of notice and service
of the process is
NAME
STREET ADDRESS
(NOTE Date of Performance Bond must be date of Contract If Restdent Agent ts not a
corporatton, gtve a person's name )
PB - 2
PAYMENT BOND
STATE OF TEXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS That RATCLIFF CONSTRUCTORS,
INC., whose address is 11498 LUNA ROAD SUITE A-103, DALLAS, TX 75234,
hereinafter called Principal, and
a corporation organized and existing under the laws of the State of TEXAS, 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 mumclpal corporation organized and ex,sung under the laws of the State
of Texas, hereinafter called Owner, and unto all persons, firms, and corporations who may
furmsh materials for, or perform labor upon, the building or ~mprovements hereinafter referred
to, m the penal sum of ONE MILLION NINE HUNDRED NINETY EIGHT THOUSAND
SIX HUNDRED FIFTY and no/100 DOLLARS ($1,998,650 00) in lawful money of the
Umted States, to be pa~d in Denton, County, Texas, for the payment of wfuch sum well and
truly to be made, we hereby bmd ourselves, our heirs, executors, adm~mstrators, successors,
and assigns, jointly and severally, firmly by these presents Tfus Bond shall automatically be
~ncreased 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 which
reduces the Contract price decrease the penal sum of th~s Bond
THE OBLIGATION TO PAY SAME is condltxoned as follows Whereas, the Pnnc~pal
entered into a certain Contract, ~dentlfied by Ordinance Number 99-193, w~th the City of
Denton, the Owner, dated the 15 day of JUNE A.D 1999, a copy of which is hereto attached
and made a part hereof, for BID # 2361 - FLEET MAINTENANCE FACILITY.
NOW, THEREFORE, ff the Principal shall well, truly and faithfully perform its duties
and make prompt payment to all persons, firms, subcontractors, corporatxons and claimants
supplying labor and/or material ~n the prosecuuon of the Work prowded for ~n sa~d Contract
and any and all duly authorized modlficauons of smd Contract that may hereafter be made,
notice of which modifications to the Surety being hereby expressly waived, then this obhganon
shall be vmd, otherwise it shall remmn ~n full force and effect
PROVIDED FURTHER, that if any legal acUon be fried on thxs Bond, exclusive venue
shall lie m Denton County, Texas
AND PROVIDED FURTHER, that the said Surety, for value received, hereby
supulates and agrees that no change, extension of tnne, alteraUon or addition to the terms of
the Contract, or to the Work to be performed thereunder, or to the Plans, SpeclficaUons,
Drawings, etc, accompanying the same, shall m anywise affect ~ts obhgauon on th~s Bond,
and ~t does hereby waive notice of any such change, extension of nme, 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
Thts Bond ts given pursuant to the provtstons of Chapter 2253 of the Texas
Government Code, as amended, and any other apphcable statutes of the State of Texas
The undersigned and designated agent ts hereby destgnated by the Surety heretn as the
Restdent Agent m Denton County to whom any reqmslte nottces may be dehvered and on
whom servme of process may be had m matters arising out of such suretyshtp, as prowded by
Arttcle 7 19-1 of the Insurance Code, Vernon's Annotated Ctwl Statutes of the State of Texas
IN WITNESS WHEREOF, thts instrument ts executed m 4 copies, each one of whmh
shall be deemed an ongmal, this the 15 day of JUNE 1999
ATTEST PRINCIPAL
BY
SECRETARY BY
PRESIDENT
ATTEST SURETY
BY
BY
ATTORNEY-IN-FACT
The Resident Agent of the Surety tn Denton County, Texas for dehvery of notice and servtce
of the process is
NAME
STREET ADDRESS
(NOTE Date of Payment Bond must be date of Contract If Resident Agent ts not a
corporatton, gtve a person's name )
2375 CONTRACT & BONDS & INSURANCE
PB - 4
CITY OF DENTON
INSURANCE REQUIREMENTS FOR CONTRACTORS
Btdder's attentton ts dtrected to the tnsurance requtrements below It ts htghly recommended
that bidders cottfer wtth thetr respecttve msurance carriers or brokers to determine tn
advance of Btd submtsston the avadabdtty of tnsurance certtftcates and endorsements as
prescribed and provtded heretn If an apparent low btdder fads to comply strictly wtth the
tnsurance requtrements, that btdder may be dtsquahfied from award of the contract Upon
btd award, all tnsurance requtrements shall become contractual obhgat~ons, whtch the
successful balder shall have a duty to matntatn throughout the course of this contract
STANDARD PROVISIONS'
Wtthout ltmtttng any of the other obltgattons or ltabtltttes of the Contractor, the Contractor
shall provtde and matntatn unttl the contracted work has been completed and accepted by the
Ctty of Denton, Owner, the mtntmum msurance coverage as tndtcated heremafter
~Is soon as practtcable after nottficatton of btd award, Contractor shall file wtth the
Purchasing Department satisfactory certtficates of tnsurance, contatmng the btd number and
title of the project Contractor may, upon written request to the Purchastng Department, ask
for clartficatton of any tnsurance requtrements at any ttme, however, Contractors are strongly
advtsed to make such requests prtor to btd opentng, stnce the msurance requtrements may not
be modtfied or watved after bid opentng unless a wrttten exceptton has been submttted wtth the
btd Contractor shall not commence any work or dehver any material unttl he or she
recetves nottficatton that the contract has been accepted, approved, and signed by the City of
Denton
All insurance poltctes proposed or obtatned tn sattsfactton of these requtrements shall comply
with the following general spec~cattons, and shall be matntatned tn comphance wtth these
general spectficattons throughout the duratton of the Contract, or longer, tf so noted
· Each pohcy shall be issued by a company authorized to do business m the State of
Texas with an A M Best Company rating of at least A.~-
· Any deductibles or self-insured retentions shall be declared m the bid proposal If
requested by the City, the insurer shall reduce or ehmmate such deductibles or
self-insured retentions with respect to the City, ~ts
officials, agents, employees and volunteers, or, the contractor shall procure a bond
guaranteeing payment of losses and related investigations, claim administration and
defense expenses
· Ltablhty pohmes 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
addmonal insured with respect to claims covered under the pohcy and that
this insurance apphes separately to each ~nsured against whom claim Is made
or suit is brought The inclusion of more than one insured shall not operate
to increase the insurer's hm~t of habthty
· 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 NONPAYMENT OF PREMIUM IN
WHICH CASE 10 DAYS ADVANCE WRITTEN NOTICE IS REQUIRED"
· Should any of the required insurance be prowded under a clmms-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 which g~ve rise
to clauns 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 hm~t providing for clmms investigation or legal
defense costs to be included m the general annual aggregate hmlt, the Contractor
shall either double the occurrence limits or obtain Owners and Contractors
Protective Liability Insurance
· Should any required insurance lapse dunng the contract term, requests for
payments orlgxnat~ng after such lapse shall not be processed until the C~ty receives
satisfactory evidence of remstated coverage as reqmred by this contract, effective
as of the lapse date If insurance is not reinstated, C~ty may, at Its sole option,
terminate this agreement effective on the date of the lapse
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS
All insurance pohctes proposed or obtained tn satisfaction of this Contract shall ad&ttonally
comply with the followmg marked specifications, and shall be maintained tn comphance wtth
these additional specifications throughout the duration of the Contract, or longer, if so noted
IX] ^ General Liability Insurance'
General Liability insurance with combined single hmlts of not less than
$2,000,000 shall be provided and maintained by the Contractor The policy shall
be written on an occurrence basis either in a single pohcy or ~n a combination of
underlying and umbrella or excess pohcles
If the Commercial General L~abdlty form (ISO Form CG 0001 current ethtlon) ~s
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 Currem 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 liability (preferably by endorsement) covering this
contract, personal injury liability and broad form property damage
liability
IX] Automobile Lmbffity Insurance:
Contractor shall provide Commercial Automobile Liability insurance with Combined
Single Lnmts (CSL) of not less than $500,000 either m a single policy or m 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 m 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 Compensatmn Insurance
Contractor shall purchase and maintain Worker's Compensation insurance which, in
addition to meeting the mmunum 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 lnmt for occupational disease The City need
not be named as an "Additional 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 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 Lmbd~ty Insurance
The Contractor shall obtain, pay for and maintain at all t~mes during the prosecution of
the work under th~s contract, an Owner's and Contractor's Protective L~abthty
~nsurance pohcy namxng the C~ty as :nsured for property damage and bod:ly injury
which may ar~se xn the prosecut:on of the work or Contractor's operations under th~s
contract Coverage shall be on an "occurrence" bas~s, and the pohcy shall be ~ssued by
the same insurance company that cames the Contractor's hab~hty insurance Pohcy
hmxts w~ll be at least combined bodily injury and property damage per
occurrence w~th a aggregate
[ ] F~re Damage Legal Lmbdity Insurance
Coverage ~s reqmred d Broad form General L~abthty ~s not prowded or ~s unavailable
to the contractor or ~f a contractor leases or rents a port~on of a C~ty braiding L~m~ts
of not less than each occurrence are reqmred
[ ] Professional L~ab~hty Insurance
Professional hab~l:ty insurance w~th lumts not less than per claun w~th
respect to neghgent acts, errors or omissions in connectxon w~th profess:onal serwces ~s
reqmred under th~s Agreement
[ ] Broiders' R~sk Insurance
Builders' R~sk Insurance, on an All-Risk form for 100% of the completed value shall be
prowded Such pohcy shall include as "Named Insured" the City of Denton and all
subcontractors as their ~nterests may appear
[ ] Adtht~onal Insurance
Other ~nsurance may be required on an md~wdual bas~s for extra hazardous contracts
and specific serwce agreements If such additional insurance ~s required for a specd~c
contract, that reqmrement w~ll be described ~n the "Specific Conditions" of the contract
specdicat~ons
ATTACHMENT I
[x] Worker's Compensation Coverage for Budding or Construction Projects for
Governmental Entlt~es
A Deflmt~ons
Certificate of coverage ("cert~flcate")-A copy of a certificate of insurance,
a certificate of authority to self-~nsure ~ssued by the commission, or a
coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84),
show~ng statutory workers' compensation ~nsurance coverage for the
person's or ent~ty's employees prowd~ng serwces on a project, for the
duration of the project
Duration of the project - ~ncludes the bme from the beginning of the work
on the project untd the contractor's/person's work on the project has
been completed and accepted by the governmental entity
Persons prowd~ng serwces on the project ("subcontractor" ~n §406 096)
- includes all persons or ent~t~es performing all or part of the serwces the
contractor has undertaken to perform on the project, regardless of
whether that person contracted d~rectly w~th the contractor and
regardless of whether that person has employees Th~s includes, w~thout
hm~tat~on, ~ndependent contractors, subcontractors, leasing compames,
motor carriers, owner-operators, employees of any such entity, or
employees of any entity whmh furmshes persons to prowde serwces on
the project "Serwces" ~nclude, w~thout hm~tat~on, providing, hauling, or
dehver~ng equipment or materials, or prowd~ng labor, transportation, or
other serwce related to a project "Serwces" does not ~nclude act~wt~es
unrelated to the project, such as food/beverage vendors, office supply
dehverms, and dehvery of portable to~lets
B The contractor shall prowde coverage, based on proper reporting of
class~flcation codes and payroll amounts and flhng of any overage
agreements, which meets the statutory requirements of Texas Labor
Code, Section 401 011 (44) for all employees of the Contractor prowd~ng
services on the project, for the duration of the project
C The Contractor must prowde a certificate of coverage to the
governmental entity prior to being awarded the contract
D If the coverage per~od shown on the contractor's current cert~hcate of
coverage ends during the duration of the project, the contractor must,
prior to the end of the coverage per~od, hie a new cert~hcate of coverage
w~th the governmental entity showing that coverage has been extended
E The contractor shall obtain from each person prowd~ng serwces 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 governmental entity w~ll have on hie cert~hcates of
coverage showing coverage for all persons prowdmg serwces on the
project, and
(2) no later than seven days after receipt by the contractor, a new
certificate of coverage showing extension of coverage, ~f the
coverage per~od shown on the current cert~hcate of coverage ends
during the duration of the project
F The contractor shall retain all required cert~hcates of coverage for the
duration of the project and for one year thereafter
G The contractor shall not~fy the governmental entity m writing by cert~hed
ma~l or personal dehvery, w~th~n 10 days after the contractor knew or
should have known, of any change that mater~ally affects the prows~on
of coverage of any person prowd~ng serwces on the project
H The contractor shall post on each project s~te a not~ce, m the text, form
and manner prescribed by the Texas Workers' Compensation
Commms~on, reforming 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 w~th whom ~t
contracts to provide services on a project, to
{1) prowde coverage, based on proper reporting of class~hcat~on codes
and payroll amounts and hhng of any coverage agreements, which
meets the statutory requ~rernents of Texas Labor Code, Section
401 011(44) for all of ~ts employees prowd~ng serwces on the
project, for the duration of the project,
(2) prowde to the contractor, prior to that person beginning work on
the project, a cert~fmate of coverage show~ng that coverage ~s being
prowded for all employees of the person prowd~ng serwces on the
project, for the duration of the project,
(3) prowde the contractor, prior to the end of the coverage per~od, a
new certificate of coverage showing extension of coverage, ~f the
coverage penod shown on the current certificate of coverage ends
during the duration of the project,
(4) obtain from each other person w~th whom ~t contracts, and prowde
to the contractor
(a) a certificate of coverage, pnor to the other person beginning
work on the project, and
(b) a new certificate of coverage showing extension of coverage,
prior to the end of the coverage per~od, ~f the coverage penod
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) not~fy the governmental entity ~n writing by certified ma~l or
personal delivery, w~thm 10 days after the person knew or should
have known, of any change that materially affects the prowslon of
coverage of any person providing serwces on the project, and
(7) contractually require each person w~th whom ~t contracts, to
perform as required by paragraphs (1) - (7), w~th the certificates of
coverage to be prowded to the person for whom they are prowd~ng
services
J By signing th~s contract or prowdmg or causing to be provided a
certificate of coverage, the contractor ~s representing to the
governmental entity that all employees of the contractor who w~ll prowde
serwces on the project w~ll be covered by workers' compensation
coverage for the duration of the project, that the coverage w~ll be based
on proper reporting of classification codes and payroll amounts, and that
all coverage agreements w~ll be filed w~th the appropriate insurance carrier
or, ~n the case of a self-~nsured, w~th the commission's D~ws~on of Self-
Insurance Regulation Prowd~ng false or m~sleadmg mformat~on may
subject the contractor to admlmstrat~ve penalties, crim~nal penalties, ciwl
penalties, or other c~vil actions
K The contractor's failure to comply w~th any of these prows~ons ~s a
breach of contract by the contractor which ent~tles the governmental
entity to declare the contract void ~f the contractor does not remedy the
breach w~th~n ten days after receipt of not~ce of breach from the
governmental entity
~ -~ Proposal ~Bld) From
00300 1 TIME- 2:00 P.M.
00300 3 TO, Purch.Mng Agent
City of Denton, Texas
901-B Texas Street
Denton, Texas 76201
The underslgnod having sxomMod tho Colorset Dooumeml entitled
and hevmg vmi~ed the site of the Pro~ed ;ona~*u~ion, end hoWng femtheri~ed himself w~n
tho Io~sl Gondltlono afro=ting tho ~ost of tho work, end w~h ell addends to tho se~l
documents, hereby pro,seas to furrdoh all 8uporviMon, labor, materiels, equipment, tOOlS, and
accoaaonas end to do ell work in acoordefloe with smd documents lsd addenda thereto for
the stipulated sum of.
Total Bess Bid ' I c~ , /
ToMI Le~r. Sunnwimon a~ Mmeflals Not Incom~n*-a mia the Pmtec~ ~~
President
I ~ May 2O:lq~q
Ratcl~ff Constructors, Inc,
Acknowledge Add. ~1 and Add ~2
PERFORMANCE BOND
STATE OF TEXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS That RATCLIFF CONSTRUCTORS,
INC., whose address is 11498 LUNA ROAD SUITE A-103, DALLAS, TX 75234,
hereinafter called Pnnclpal, and
a corporaUon orgamzed and existing under the laws of the State of TEXAS, 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 corporanon organized and ex~stlng under the laws of the State
of Texas, hereinafter called Owner, ~n the penal sum of ONE MILLION NINE HUNDRED
NINETY EIGHT THOUSAND SIX HUNDRED AND FIFTY and no/100 DOLLARS
($1,998,650.00) plus ten percent of the stated penal sum as an additional sum of money
represennng addmonal court expenses, attorneys' fees, and llqmdated damages arising out of
or connected with the below identified Contract, m lawful money of the Umted 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 Th~s 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 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, ~dentffied by Ordinance Number 99-193, with the City of
Denton, the Owner, dated the 15 day of June A.D 1999, a copy of which is hereto attached
and made a part hereof, for BID # 2361 - FLEET MAINTENANCE FACILITY
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
accordance w~th the Plans, Specfficatxons 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 hfe of any guaranty or warranty required under this Contract, and
shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions
and agreements of any and all duly authorhzed mod~hcanons of said Contract that may
hereafter be made, not,ce of which modfficatlons to the Surety being hereby waived, and, if the
Principal shall repmr and/or replace all defects due to faulty materials and workmanship that
appear w~th~n a permd of one (1) year from the date of final completion and final acceptance of
the Work by the Owner, and, if the Principal shall fully lndenmify 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 m 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 ff any legal action be Fried upon tlns Bond. exclus~v~
venue shall he in Denton County, State of Texas.
AND PROVIDED FURTHER, that the smd Surety, for value received, hereby
stipulates aud agrees that no change, extension of ume, alteration or addmon to the terms of
the Contract, or to the Work to be performed thereunder, or to the P!=-.~ Specifications,
Drawings, etc, accompanying the same, shall m auyw,se affi:ct ~ obhgatlor~ on flus Bond,
and it does hereby waive not~co of auy such chsngc, extension of tune, alteraUon or adchtton to
the terms of the Contract, or to thc Work to be performed thereunder, or u) the Plans,
Specifications, Drawm§s, etc
This Bond ~s given pursuant to the prows,ons of Chapter 2253 of thc Texas
Government Code, as amended, and any other apphcable statutes of the State of Texas
Thc undersigned and designated agent ~s hereby des~W.d by the Surety he. rem as the
Reslden~ Agent m Denton County to whom say requ,~te nouces may be dehvcred and on
whom service of process may be had m matters arising out of such suretyship, as provided by
Article 7 19-1 of the Insurance Code, Vernon's Annotated C~wl Statutes of the State of Texas
IN WITNESS W/'~REOF, th~s mstrumcut ~s executed m 4 coptes, each one of which
shaU be deemed au original, this tho 15 day of,NJNE 1999.
ATTEST PRINC~AL
BY ~ ~, ~.Oe~'~ RATCLIFF CONSTRUCTOR~./~..F]'NC. __
SEC~T~Y ~ BY
P~ENT
/
ATT~T SU~
(See Power of Attorney)
CONTI~NTAL CASUALTY COMPA~
BY
ATTO~-~:~CT
Bert Guibert~u~ Jr
Th~ Res~d~l A~[ of ~h~ S~e~ m Denton Co~, Tex~ for dehw~ of no~ ~d se~l~
of ~e pro.ss Is
NA~ ..... Pauline L Lesch; PCL Contract Bond:ng Agency
ST~ET~D~S 206 Elm Street, Suite 105, Lewisville, TX 7506Y
~0~ D~e of Pe~e Bo~ ~ be d~e of ~r~ If R~ A~e~ ~ ~ ~
PAYMENT BOND
STATE OF TEXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS That RATCLIFF CONSTRUCTORS,
INC., whose address is 11498 LUNA ROAD SUITE A-103, DALLAS, TX 75234,
hereinafter called Principal, and co~mm~as~ casu~a'g ¢om?~
a corporation orgamzed and existing under the laws of the State of TEXAS, and fully
authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto
the City of Denton, a mumclpal 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, m the penal sum of ONE MILLION NINE HUNDRED NINETY EIGHT THOUSAND
SIX HUNDRED FIFTY and no/100 DOLLARS ($1,998,650 00) 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 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 sam of this Bond
THE OBLIGATION TO PAY SAME is conditioned as follows Whereas, the Principal
entered into a certam Contract, identified by Ordinance Number 99-193, with the City of
Denton, the Owner, dated the 15 day of JUNE A D 1999, a copy of which is hereto attached
and made a part hereof, for BID # 2361 - FLEET MAINTENANCE FACILITY
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 Contract 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 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
PB - 3
This Bond m given pursuant to thc 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 demgnated by the Surety hereto as the
Rcstdent Agent in Denton County to whom any requisite nouces may be de. hvered and on
whom service of process may be had m matters a~tsmg out of such Suretyshlp, as provided by
Arucle ? 19-1 ofth~ Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas
IN WITNESS WHEREOF, this instrument ts executed m 4 copies, each one of which
shall be d~med an orikunal, this the 15 day of JI. INE 1999.
ATTEST PRINCIPAL
ATTEST SURETY
(See Power of Attorney) CONTINENTAL CASUALTY COMPANY
BY
ATTORNEY-IN-FACT
Bert Gulberteau~, Jr
Thc Resident Agent of thc Surety m Denton County, Texas for dehvcry of nouc~ and service
of the process ts
NAME Pauline L Lesch, PCL Contract Bonding Agency
STREETADDR~SS 206 Elm Street, Suite 105, Lewslville, TX 75067
(NOTE Date of Payment ~ond must be date of Contract If Restdent Agent ts not a
corporatto~, gtve a p~r$on's ~m'~ )
PB-4
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Men By These Presents, That CONTINENTAL CASUALTY COMPANY an Ilhnom corporation, NATIONAL FIRE INSURANCE
COMPANY OF HARTFORD, a Connecticut corporation, AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, a Pennsylvanm
corporation (herein collectively called "the CNA Surety Compsolee#), are duly organized and exmting corporations having their principal offices ~n
the City of Chicago and State of Illinois, and that they do by virtue of the signature and seals here~n affixed hereby make, constitute and appoint
Stephen L Cor~ Pamela K Tuoker~ Robert L Lerrewe~ Bert Guiberteau Jr Melame Stern Individually
of Metalrler Louisilana
their true and lawful Attomay(a)-In-Fact with full power and authority hereby conferred to sign, seal and execute for and on their behalf bonds,
undertakmgs and other obligatory instruments of similar nature
- In Unhmltad Amounts -
and to bind them thereby aa fully and to the same extent aa If such instruments were signed by a duly authorized officer of their ,,,~,p,,,
and all the acta of said Attorney, pursuant to the authority hereby given ere hereby ratified and confirmed
This Power of Attorney is made and executed pursuant to and by authority of the By-Laws and Resolutions, pnnted on the reverse hereof duly
adopted, as indicated, by the Boards of Directors of the corporations
In Wl~eso Whereof, the CNA Sureties Companies have caused these presents to be signed by thmr Group Vice President and
their corporate seals to be hereto affixed on (his 1 at day of January 1996
CONTINENTAL CASUALTY COMPANY
~ ~ ~ NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA
M C Vonnahme Group Vice President
State cf Illinois, County of Cook, es
On this 1at day of Janual7 , 1996 , before me personally came
M C Vonnahme , to me know~, who, being by me duly Sworn, did depose and say that he resides in the Village of Darien , State of Illinois,
that he is a Group Vice President of CONTINENTAL CASUAL'P( COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
and AMERICAN CABUALTY COMPANY OF READING, PENNSYLVANIA described In and which executed the above instrument, that he
knows the seals of said corporations, that the seals affixed to the said Inst~ument are such corporate seals, that they were so affixed pursuant to
authority given by the Boards of Directors of said corporations and that he signed hie name thereto pursuant to like authority, and acknowledges
same to be the act and deed of said oorporations
My Commission Expires October 19, 1998 Dnda C Dempsey Notary Public
CERTIFICATE
I, John M Littler , Assistant Se=rotary of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF
HARTFORD and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA do hereby carbfy that the Power of Attorney herein
above set forth is still In force, and further certify that the By-Law and Resolution of the Board of Directors of each corporation printed on the
reverse hereof are still in fores In testimony whereof I have hereunto subscribed my name and affixed the seals of the said corporations
this 15th .dayof June 1999
CONTINENTAL CASUALTY COMPANY
AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA
John M Littler Assistant Secretary
(Rev 7114/95~
Authorizing By-Laws and Resolutions
ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUAL'r( COMPANY
This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors
of the Company
"Article IX--Execution of Documents
Section 3 Appointment of Attorney-in-feeL The Chairman of the Board of Directors, the President or any Executive, Senior or
Group V~ce President may, fram time to time, appoint by wntten certificates attorneys-in-fact to act in behalf of the Company In the
execution of policies of Insorancs, bonds, undertakings end other obligatory Instruments of like nature Such attorneys-in-fact subject
to the limitations set forth in their respective cerrtificstss of authority, shall have full power to b~nd the Company by their signature and
execution of any such Instruments and to attach the seal of the Company thereto The Chairman of the Board of Directors, the President
or any Executive, Senior or Graup Vics President or the Board of Dlrs~tora, may, at any time, revoke all power and authority previously
g~ven to any attorney-In-fact
This Power of Attorney Is signed and sealed by facsimile under and by the authority of the following Reeclution adopted by the Board
of D~rectora of the Company at a meeting duly called and held on the 17th day of February, 1993
'Resolved, that the signature of the President or any Executive, Senior or Graup Vice President and the seal of the Company may
be affixed by facsimile on any power of attomey granted pursuant to Section 3 of Article IX of the By-Laws, and the s~gnatura of the
Secretary or an A~slstsnt Secretary end the seal of the Company may be affixed by facsimile to any certJficato of any such power and
any power or cer*Jflcsto bearing euoh facsimile signature and seal shall be valid and binding on the Company Any such power ec executed
and sealed and csrtifled by certificate so executed and sealed shell, with respect to any bond or undertaking to which it is attached
continue to be valid end binding on the Company"
ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA
This Power of Attorney Is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors
of the Company
"Article VI--Execution of Obligations and Appointment of Attorney-In-Fact
Section 2 Appointment of Attorney-in-fact The Chairman of the Board of Directors, the President or any Executive, Senior or Graup
Vice President may, fTom time to time, appoint by written csrtiflcstes attorneys-in-tact to act in behalf of the Company In the execution of
policies of ineursncs, bonds, undertakings and other obligatory Instruments of like nature Such attorneys-in-fact, subject to the limitations
set forth in their respective certfficetea of authority, shall have full power to bind the Company by their signature and execution of any such
instruments and to attach the seal of the Company thereto The President or any Executive, Sen~or er Graup Vice President may at any time
revoke all power and authority previously given to any attorney-in-fact"
Th~s Power of Attorney io signed and sealed by facsimile under and by the authonty of the following Resolution adopted by the Board
of Directors of the Company at a meeting duly csliod and held on the 17th day of February, 1993
Resolved, that the signature of the President er any Executive, Senior or Group Vice President and the seal of the Company may
be affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By-Laws and the s~gnature of the
Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any
power or certflcste bearing ouch facsimile signature and seal shall be valid and binding on the Company Any such power so executed and
sealed and certified by certificate so executed and sealed shall with respect to any bond or undertaking to which It is attached continue
to be valid and binding on the Company"
ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
This Power of Attorney is made and executed pursuant to and by authority of the following Resolution duly adopted on February 17 1993
by the Board of Directore of the Company
RESOLVED That the President, an Executive Vice President, or any Senior or Group Vice President of the Corporation may from t~me
to time appoint, by written oartiflcetos, Attorneys-in-Fact to act In behalf of the Corporation in the execution of policies of insurance bonds
undertsklngs and other obligatory instruments of like nature Such Attorney-in-Fact subject to the hm~tations set forth in their respective
certificates of authority, shall have full power to bind the Corporation by their signature and execubon of any such instrument and to attach
the seal of the Corporation thereto The President, an Executive Vice President any Senior or Group Vice President or the Board of Directors
may at any time revoke all power and authority previously given to any Attorney-in-Fact"
This Power of Attorney is signed end sealed by facsimile under and by the authority of the following Resolution adopted by the Board
of D~rscturs of the Company at a meeting duly called and held on the 17th day of February 1993
'RESOLVED That the signature of the President an Executive Vice President or any Senior or Group Vice President and the seal of the
Corporation may be affixed by facsimile on any power of attorney granted porauant to the Resolution adopted by this Board of D~ractors on
February 17, 1993 and the signature of a Secretary or an Assistant Secretary and the seal of the Corporation may be affixed by facsimile to
any csrti§cata of any such power, and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the
Corporstlon Any such power se executed and sealed and certified by certtiicets so executed and sealed, shall with respect to any bond or
undertaking to,which it la attached, continue to be valid and binding on the Corporation"
07/19/99 ~iON 0B 05 FAX 072 432 9943 Ratcllff Constr l~1002
~NLY AND CONFERSND~IGHT~ uPONTHB CERTIFICATE
OLDER, THIS CERTIFICATE DOES NOTAMBND,EXTEND OR
J A~U~CE COMPAny 0F ~ERmcA
11~96 LUNA RO~D, ~U~ I~ --
DAL~ TX 7~ C
_
GE~FICA~E ~Y BE IS~U~ OR MAY ~TAIN, ~E INSU~GE ~D ~Y l HC pou~l~ u~ ~. ~.m. m ,
I S _
BUI~ERS RISK -- ~nalt , 1~
I ~m~. a ~v q . ,,
8~ ~S STREET .~.., ~. ~ ..,~ .... m..=....., ,......- -.~*.~. o,, ,~.,~
~ TDT~ PRGE ~ ~
~'R~3440702
04/01/00
ORDINANCE NO
AN ORDINANCE AUTHORIZING THE EXECUTION OF CHANGE ORDER ONE TO THE
CONTRACT FOR THE CONSTRUCTION OF THE NEW FLEET MAINTENANCE
FACILITY BETWEEN THE CITY OF DENTON AND RATCLIFF CONSTRUCTORS, 1NC,
PROVIDING FOR AN INCREASE IN THE SCOPE OF WORK AND AN INCREASE IN THE
PAYMENT AMOUNT, AND PROVIDING AN EFFECTIVE DATE (BID 2361 - FLEET
MAINTENANCE FACILITY AWARDED TO RATCLIFF CONSTRUCTORS, INC IN THE
AMOUNT OF $1,998,650 PLUS CHANGE ORDER ONE IN THE AMOUNT OF $108,387)
WHEREAS, on June 15, 1999 (Ordinance 99-193), the C~ty awarded a contract
for RatchffConstmctors, Inc m the amount of $1,998,650, and
WHEREAS, the Ctty Manager havmg recommended to the Counctl that a change
order one be anthonzed to amend such contract agreement wtth respects to the company
performing the servtce and price and satd change order one being In comphance w~th the
reqmrements of Chat>ter 252 of the Local Government Code, Now, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I. That the change order one tncreaslng the amount of the contract
agreement between the C~ty and Ratchff Constructors, Inc, on file tn the office of the
Purchastng Agent, tn the amount of ONE HUNDRED EIGHT THOUSAND THREE
I-ILrNDRED EIGHTY SEVEN and no/100 Dollars ($108,387), ts hereby approved and
the expendxture of funds therefor ts hereby authorized The master contract amount ts
amended to read $2,107,037
~ That th~s ordtnance shall become effecttve tmmed~ately upon
passage and approval
PASSED AND APPROVED thts the /}'~ -~ day of/~ff~.~999
ATTEST
B Y ~/JqAPi~[OVE~D (S~TT O~ ~AL~-][ ~ ~-~
HERBERT L PROUTY, CITY ATTORNEY
CHA~IGE ORDER ONE BID 2J61 ORDINANCE
Ratcliff Constructors, Inc.
R llff
October 6, 1999
Mr Michael Leavlt~
City of Denton
Manager of Construct]on Projects
901 A Texas Street
Denton, Texas 76201
Re CiV/of Denton
Fleet Maintenance Facility
SubJect COR 001, Add for proposed concrete paving
Dear Mike
Per your request for pricing, we hereby propose the following change order request for
adding concrete paving per the drawing dated 9/22/99 As you have requested there are
two pricing scenarios presented The £ollo~ng is a breakdown of these costs
Scenario #1 Add 6" paving per drawing #1 of 1 dated 9/22/99
T A S Concrete 6" paving $81,055 00
Subtotal $81,055 O0
Ad&t]onal Bond $7 00/1000 $574 00
Insurance $142/100 $115 00
Subtotal 81,744 00
10% Fee $8,174 00
Total requested $89,918 00
Scenario #2 Add 8" paving per drawng #1 of I dated 9/22/99
T A S Concrete 8" paving $97,710 00
Subtotal $97,710 O0
Addmonal Bond $7 00/1000 $685 00
Insurance $142/100 $139 00
Subtotal $98,534 00
10% Fee $9,853 00
Total requested $108,387.00
Tl~s change w~ll not effect the contract compleuon date
The above price is based on the following exclusions and clarifications
· The proposal includes only the work indicated above Any additional work w~ll be
subject to separate correspondence
· All work w~li be performed durm$ normal working hours (Monday through Friday,
700am to3 30pm)
Please indicate your acceptance by signing below and returmng a copy for our files
Should you have any questions, please contact me directly
Sincerely,
Jon C Frederick
Semor Project Manager
cc Jed Demus - Ratchff Consu'uctors
File cot001
Attachments, T A S proposal
Authorized to Proceed
City of Denton
By
Title
Date