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HomeMy WebLinkAbout1998-001ORDINANCE NO JL0 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS FOR CONSTRUCTION OF BANNER, ULAND, PAVING IMPROVEMENTS AND STROUD-PIERCE PAVING TO DBR CONSTRUCTION, IN THE AMOUNT OF $103,748 00, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING FOR AN EFFECTIVE DATE (BID #2133—BANNER, ULAND, STROUD & PIERCE STREET PAVING) WHEREAS, the City has solicited, received and tabulated competitive bids for the construction of public works or improvements in accordance with the procedures of STATE law and City ordinances, and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or improvements described in the bid invitation, bid proposals and plans and specifications therein, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the following competitive bids for the construction of public works or improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids BID DUMBER CONTRACTOR AMOUNT 2133 DBR CONSTRUCTION $103,748.00 SECTION H 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 requnrements specified in the Notice to Bidders including the timely execution of a written contract, and furnishing of performance and payment bonds, and insurance certificate after notification of the award of the 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 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 bids and the execution of contracts for the public works and improvements as authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto S,E.CTION V That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the day of ,1998 f; L? MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY ATTACHMENT #1 TABULATION SHEET BID # 2133 BID NAME BANNER, ULAND, STROUD JAGOE DBR & PIERCE ST PAVING PUBLIC CONSTRUCTION DATE 18-Nov-97 TOTAL BID AWARD $12,274 00 $103,748 00 1 0 BID BOND YES YES CONTRACT AGREEMENT STATE OF TEXAS S COUNTY OF DENTON S THIS AGREEMENT, made and entered into this 6 day of JANUARY A.D., 19 98 , by and between CITY OF DENTON of the County of DENTON and State of Texas, acting through TED BERAVIDES thersunto duly authorized so to do, hereinafter termed "OWNER," and nRR CONSTRUCTION 23O1 HTIMiE DR. DENTON, TX 76201 of the City of DENTON , County of DENTON and State of TEXAS , hereinafter termed "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 in the bonds attached hereto, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified below: RID # 2133 - BANNER,ULAND, STROUD & PIERCE STREET PAVING in the amount of s1o31748.0o and all extra work in connection therewith, under the terms as stated in the General Conditions of the agreement; and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the work specified above, in accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), Instructions to Bidders, and the Performance and Payment Bonds, all attached hereto, and in accordance with the plans, which includes all maps, plats, CA - 1 blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by rTTY nF nMrMM ENGINEERING AND TRANSPORTATION DEPARTMENT all of which are made a part hereof and collectively evidence and constitute the entire contract. It is mutually understood and agreed by and between City and Contractor that Contractor is an independent contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas, for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, worker's compensation, or any other City employee benefit. City shall not have supervision and control of Contractor or any employee of Contractor, and it is expressly understood that Contractor shall perform the services hereunder according to the attached specifications at the general direction of the City Manager of the City of Denton, Texas, or his designee under this agreement. Contractor shall and does hereby agree to indemnify 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 third persons occasioned by any error, omission or negligent act of Contractor, its officers, agents, employees, invitees, and other persons for whom it is legally liable, with regard to the performance of this Agreement, and Contractor will, at its cost and expense, defend and protect the City of Denton against any and all such claims and demands. g•T0T-TiW-TMC-TqWr@r- _,-- This agreement shall be governed by the law of the State of Texas and venue for its construction and enforcement shall lie in the courts of Denton County, Texas. The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in written notice to commence work and complete all work within the time stated in the Proposal, subject to such extensions of time as are provided by the General and Special Conditions. The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the Contract. CA - 2 IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. smmwam. AT 'EST: APPROVED AS TO FORM ty AAA0184D Rev. 04/05/96 CA - 3 FN CITY OF DENTON ,'TA. I U 1 1 DBR CONSTRUCTION CONTRACTOR ol�� fc�� 7ex� � 76,zo2 MAILING ADDRESS p�/�Ji ice` _ �3161G % `PHONE NUMBER 'F-02/0 70 AX NtMaER BY PRINTED NAME (SEAL) BID # 2133 PROPOSAL TO THE CITY OF DENTON, TEXAS FOR THE CONSTRUCTION OF BANNER, ULAN% STROUD AND PIERCE STREET PAVING IQ DENTON, TEXAS The undersigned, as bidder, declares that the only person or parties interested in this proposal as principals are those named herein, that this proposal is made without collusion with any other person, firm or corporation; that he has carefully examined the form of contract, Notice to Bidders, specifications and the plans therein referred to, and has carefully examined the locations, conditions, and classes of materials of the proposed work and agrees that he will provide all the necessary labor, machinery, tools, apparatus, and other items incidental to construction, and will do all the work and furnish all the materials called for in the contract and specifications in the manner prescribed herein and according to the requirements of the City as therein set forth It is understood that the following quantities of work to be done at unit prices are approximate only, and are intended principally to serve as a guide in evaluating bids It is agreed that the quantities of work to be done at unit prices and material to be furnished may be increased or diminished as may be considered necessary, in the opinion of the City, to complete the work fully as planned and contemplated, and that all quantities of work whether increased or decreased are to be performed at the unit prices set forth below except as provided for in the specifications. It is further agreed that lump sum prices may be increased to cover additional work ordered by the City, but not shown on the plans or required by the specifications, in accordance with the provisions to the General Conditions Similarly, they may be decreased to cover deletion of work so ordered It is understood and agreed that the work is to be completed in full within the number of work days shown on the bid tabulation sheet. P -: Accompanying this proposal is a certified or cashier's check or Bid Bond, payable to the owner, in the amount of five percent of the total bid. It is understood that the bid security accompanying this proposal shall be returned to the bidder, unless in case of the acceptance of the proposal, the bidder shall fail to execute a contract and file a performance bond and a payment bond within fifteen days after its acceptance, in which case the bid security shall become the property of the owner, and shall be considered as a payment for damages due to delay and other inconveniences suffered by the Owner on account of such failure of the bidder. Owner reserves the right to reject any and all bids. owner may investigate the prior performance of bidder on other contracts, either public or private, in evaluating bid proposals. Should bidder alter, change, or qualify any specification of the bid, Owner may automatically disqualify bidder. The undersigned hereby proposes and agrees to perform all work of whatever nature required, in strict accordance with the plans and specifications, for the following sum or prices, to wit: P - 2 WORK DAYS 4_ BID NO 2133 PO NO BID TABULATION SHEET ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL 3-B Remove Concrete Curb & Gutter 22 LF $ 10 06LF $ 220 00 Umt Pnce in Words- Ten Dollars & Zero Cents* 3-C Remove Concrete Dnveway & Sidewalk 23 SY $ 15 oo/SY $ 345 00 Umt Pnce in Words: Fifteen Dollars & Zero Cents* 3 3 Unclassified Excavation 530 CY $ 7 oo/CY $ 3710 00 Umt Pnce in Words Seven Dollars & Zero Cents* 4 6-A 6" Lime Treatment of Sub rode 1,470 SY 1 $ 3 50/SY $ 5145 00 Umt Pnce m Words- Three Dollars & Fifty Cents* 4 6-B Type A Hydrated IAme (gruff 20 TN $ 100 00/TN $ 2000 00 Unit Pnce in Words: One Hundred Dollars & Zero Cents* 31/e" Asphalt Pavement Base A 985 SY $ 7 70/SY $ 7584 50 5 7-A Umt Price m Words. Seven Dollars & Seventy Cents* 5 7-B 11A Asphalt Pavement D 985 SY $ 4 oo/SY $ 3940 00 Umt Pnce m Words: Four Dollars & Zero Cents* 5 7-C 2" Asphalt Pavement D Patch Matt 9 TN $ 1oo oo/TN $ 900 00 Umt Pnce m Words: One Hundred Dollars & Zero Cents* 8.2-A Concrete Curb & Gutter 1,200 LF 1 $ 9 00/LF 1 $ 10,800 0 Umt Pnce in Words: ' Nine Dollars & Zero Cents* 8.2-B Concrete Pavement 6" (Flatwork 44 SY $ 30 oo/SY $ 1320 00 Umt Price m Words: Thirty Dollars & Zero Cents* 83 Dnvewa 6" 39 Sy 1 $ 30 0o/Sy $ 1170 00 Umt Pnce in Words- Thirty Dollars & Zero Cents* P - 3 WORK DAYS 40 BID NO 2133 PO NO BID TABULATION SHEET ITEM DESCRIP11ON QUANTITY I UNIT UNIT PRICE TOTAL SP-15 Adjust Valve 2 1 EA $ 100.00 /EA $ 200 00 Unit Price in Words: One Hundred Dollars & Zero Cents* 3 7 1 Compacted Fill 50 1 CY $ 5 00 /CY $ 250.00 Unit Price in Words: Five Dollars & Zero Cents* SP-43 I Asphalt Saw Cut 59 1 LF $ z 00 /LF $ 118 0 Unit Price in Words- Two Dollars & Zero Cents* SP-27 Relocate Water Meter 2 EA $zoo 00 /EA $ 400 0 Unit Price in Words. Two Hundred Dollars & Zero Cents* 3 10.7 1 H dromulch 618 SY $ /SY $ 1236 0 Unit Price in Words: Two Dollars & Zero Cents* 121 Contractor's Warranties and Understandings - LS $6185 70/LS $ 6185 7 UmtPncein Words' Six Thousand One Hundred Eighty Five Dollars & Seventy Cents 3 1 Preparation of Right-of-WayPtight-of-Way LS $ / $ Unit Price In Words: Four Thousand One Hundred Twenty Three Dollar El ht Cents* 3.12 Temporary Erosion Control - LS $ /LS $ Unit Price in Words: Five Hundred Dollars & Zero Cent s* 8 1 Barricades, Warning Signs and Detours - rLs $1000 00 /LS $ 1000 0 Unit Price in Words One Thousand Dollars & Zero Cents* SP-39 Project Signs 2 EA $ 200 00 /EA $ 400 0 Unit Price in Words: Two Hundred Dollars & Zero Cents* TUTAL $ 51,548 00** Total Price in Words Fitty ne ousan ve un re Forty gight.Doligrg & Zero Cents** P - 4 WORK DAYS 20 BID NO 2133 PO NO BID TABULATION SHEET Mourn ON QUANTITY UMT UNrr PRICE TOTAL ITEM SP-44 Milling Machine 8 HR $ aoo oo/HR $ 3200 00 Unit Price in Words: Four Hundred Dollars & Zero Cents* Picku Broom 4 HR $ 75 oo/HR $ 300 00 SP 45 Unit Price in Words. Seventy Five Dollars & Zero Cents* SP 46 La down Machine 8 HR $ 200 0o/HR $ 1600 00 I1 Unit Price in Words: Two Hundred Dollars & Zero Cents* 5 7-A G A As halt 175 TN $ 40 00/ j $ 7 00 Unit Price in Words Forty Dollars & Zero Cents* 5 7-B 1) D Asphalt 700 TN $ 40 /TN $ oo 1I Unit Price in Words. Forty Dollars & Zero Cents* 3 107 H dromulch 50 Sy I $ /SY $ Unit Price in Words Two Dollars & Zero Cents* 1 21=Undters=gLn2ngs Warranties and - $ 8700 00/LS $ 8700 00 Unit Price in Words. Eight Thousand Seven Hundred Dollars & Zero Cents* 8 1 Barricades, Warning Signs, - LS $ 1000 00/I-3 $ 1000 00 and Detours Unit Price in Words: One Thousand Dollars & Zero Cents* SP-39 Pect Si ns m 2 FA $ 200 00/RA $ 400 00 Unit Price in Words Two Hundred Dollars & Zero Cents* 8 2-A Concrete Curb and Gutter 100 LF $ 9 oo/LF $ 900 00 Unit Price in Words: Nine Dollars & Zero Cents* 3-B Remove Curb and Gutter 100 LF $ 10 Do /LF $ l000 00 unit Price in Words: Ten Dollars & Zero Cents* TOTAL $ 52,200 00** Total Price in Words Fifty Two Thousand Two Hundred Dollars & Zero Cents** P - 5 TOTAL BID PRICE IN WORDS *One Hundred Three Thousand Seven Hundred Forty Eight Dollars and Zero Cents* In the event of the award of a contract to the undersigned, the undersigned will furnish a performance bond and a payment bond for the full amount of the contract, to secure proper compliance with the terms and provisions of the contract, to insure and guarantee the work until final completion and acceptance, and to guarantee payment for all lawful claims for labor performed and materials furnished in the fulfillment of the contract. It is understood that the work proposed to be done shall be accepted, when fully completed and finished in accordance with the plans and specifications, to the satisfaction of the Engineer The undersigned certifies that the bid prices contained in this proposal have been carefully checked and are submitted as correct and final. Unit and lump -sum prices as shown for each item listed in tins proposal, shall control over extensions DBR Construction C an , Inc CONTRA OR BY Don Richards 2301 Hinkle Dr Street Address Denton,TX 76201 City and State Seal & Authorization (If a Corporation) 940/383-3007 Telephone FEE PROJECT WORK DAYS BID 1 Banner/Uland Paving 40 $ 51,548 00* 2 Stroud/Pierce Street Paving 20 $ 52,200 00* 3 TOTAL 60 $ 103,748.00** Award of the bid will be based on the total The projects are being separated for bookkeeping purposes only l:M tl fl non.: .1": ' CIA . n"H`.el r"'�a' :n' oaf .N"s'�19RIB�OATE� NIADDNY7 vN .'=4RiE11 LS<I �urey A fr ayrn x a . ^® aNv YtYtl%Ilp <%wilJa 5=1CM(�:'..":t>"^xi1,C �4"7;n;„;y "u • o . I. ti& 4: �YY�' T�«::C"ci'.rs T%5:,...5�". i.•. PRCouCi I THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONpERB NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE 1 DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE RAMEY A KING INSURANCE i POLICIES BELOW BGD S. I -ME, SUM A COMPANIES AFFORDING COVERAGE Denton TX 7BE05.7S2B Lere A SEonedals InSumnoe CO COWANY B Trinity Lloyds Ion Co LEM Kamm D B if CoTuuuotlon CO it* �� C Tale Wefk Comp Ins Fund DOTo POn � D Denton TX 700 s COhWAw E iLem THIS IS TO CERTIFY 'MAT THE POLICIES OF INSURANCE LISTED BELOW HAVE SEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIC INDICATED NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TEAMS D(CLOSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHQWN MAY HAVE BEEN REDUCED BY PAID CLAIMS 0 TYPE OF NSURM CS POLICY NUlPOLICY anOTIVII DATEan F wm p�CY EXPIRA" TION LIMITS IF PM GENERA. LIABUTY CL9IEES49 0111011117 05/06/E8 GwEML AOORSGATL t X COLwEICLAL GENERAL LMBLITY PRODUCTS.0OMffl0OP AGO f CLAIMS MADE X OCCUR PERSONAL a ADY INAMY f CWNETS L CONTRAaare MOT EACH OCCURENNCE f FEE DAMAGE (Any we M) + ' Mon MWE SE (MY N B AVIDMOxA LVSILMY X ANY AM Au G 110 Autos SPIEDULATI ADrOe X HIM tyros X NDNQw NED MHOS GARAGE LABILITY SINDEFVAPPLICATION owes LIABILITY uM96TLA Pam OTHER THM VMEFm1A Pam WOMMIS COMPENSATION D AND 961111007412 ONPLOYmB LIABILITY OTHER OEscam OF CPPUTIONUDOATIONSMENIOLEBIN,EDIAL ITEMS SUhTO I0" CRy of Denton Arm Tom Show BOOB Teams Sees Denton TX 711"1 General Y EMp"" 11l13K7 11l1918B COMBINED BNGLe E LIMIT GODLY HAIRY f (Pal PHM^) BODILY NAIRY 1 F=., .«MSS PROPERTY DAMAGE I EACH Ocruf CE T AOOREGATE I STAMDRY LISTS GVOTMT DWOTAIS EACH ACCIDENT f DISEASE POLICY Lmrt t OWASE EACH EAPLOYu 7 loom 1000000 500000 SDOD00 sm EXCLUDED J IM.100 E�MM II�'���A�1yyyy , lu%l il%n" In RMI. u""`p> Six, r.Sr�exv Rx ^rx � P�PATvT�Q.n �4.vnfx^n l IDI<x $,<n i.lw".r"u4 i .fnl%IY xx x SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF THE ISSUING COMPANY WILL ENDEAVOR TO MAIL GD DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES W11 � 113MV N N (lu)86 91- w REMIUM BASED ON QFINALFCONTRACT PRICE THE STATE OF TEXAS COUNTY OF DENTON BOND E[RCUTED IN FOUR (4) ORIGINALS KNOW ALL MEN BY THESE PRESENTS That DBR CONSTRUCTION, whose address is 2301 HINKI.E DRn DENTON, TX 76201, hereinafter called Principal, and CAPITOL I i�Dffi7NIT1C CORPORATION , 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 hold and firmly bound unto the City of Denton, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, in the penal sum of ONE HUNDRED THREE THOUSAND SEVEN HUNDRED FORTY EIGHT and no/100 — ($103,748.00) plus 10 percent of the stated penal sum as an additional sum of money representing additional court expenses, attorneys' fees, and liquidated damages ansmg out of or connected with the below identified Contract, in lawfid 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 witch 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 98-001i with the City of Denton, the Owner, dated the 6 day of JANUARY A.D.1998, a copy of winch is hereto attached and made a part hereof; for BED # 2133 — BANNER, ULAND, STROUD & PIERCE STREET PAVING). NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill all of the undertakings, covenants, tonne, conditions and agreements of said Contract in accordance with the Plans, Specifications and Contract Documents during the original term therm£ and any extension thereof which may be granted by the Owner, with or without notice to the Surety, and during the life of any guaranty or warranty required under this Contract, and shall also well and truly perform and falfill all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby waived, and, if the Principal shall repair and/or replace all defects due to faulty materials and workmanship that appear within a pcnod 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 indemnify and save harmless the Owner from all costs and damages which Owner may suffer by reason of failure to so perform herein and shall fully reimburse and repay Owner all outlay and expense which the Owner may incur in making good any default or deficiency, then this obligation shall be void; otherwise, it shall remain in full farce and effect PERFORMANCE BOND - Page 1 PROVIDED FURTHER, that if any legal action be filed upon this Bond, exclusive venue shall he in Denton County, State of Taxes 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, eta, 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 performedithereunder, or to the Plans, Specifications, Drawings, etc This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, as amended, and any other applicable statutes of the State of Texas The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent to DXN TON County to whom any requisite notices may be dehvcrcd and on whom service of process may be had in matters anaing out of such suretyship, as provided by Article 719-1 of the Insurance Code, Vemores Annotated Civil Statutes of the State of Texas IN WITNESS WHEREOF, tine instrument is executed in 4 copies, each one of winch shall be deemed an onginal, this the 6 day of JANUARY* 1"S. ATTEST PRINCIPAL L/.mil %�s,U✓i��.- CONS ON cow I NC 13Y SBCREV(RY ATTEST: SURETY CAPITOL INDEMNITY CORPORATION BY Qum AT -IN -FACT Kathy R Zacharek Collin The Resident Agent of the Surety in i8etM County, Texas for delivery of notice and service of the process is: NAME' V. R. Damian, Jr. STREET ADDRESS 17774 Preston Road, Dallas, Tx 75252 (NOTE Date of Performance Bond must be date of Contract If Resident Agent is not a corporation, give a nemion,s name.) PERFORMANCE BOND - Page 2 BOND PREMIUM BASED ON FINAL CONTRACT PRICE Eahamijim BOND NO. 729572 THE STATE OF TEXAS BOND EXECUTED IN FOUR (a) ORIGINALS COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS' That DBR CONSTRUCTION, whose address is 2301 HINKLE DR., DENTONt TX 76201, hereinafter called Principal, and CAPITOL IMENNITY CORPORATION , a corporation organized and existing under the laws of the State of KXAS, attd fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a municipal corporation organized and existing under the laws of the, State of Texas, hereinafter called Owner, and unto all persons, funs, and corporations who may famish materials for, or perform labor upon, the building or improvements herernatter referred to, in the penal sum of ONE HUNDRED THREE THOUSAND SEVEN HUNDRED FORTY EIGHT and no/100— ($103,74&00) in lawful money of the United States, to be paid in Denton County, Texas, for the payment of which aim well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, succaasors, and assigns, jointly and severally, firmly by these presents. This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement which reduces the Contract price decrease the penal aura of tins Bond THE OBLIGATION TO PAY SAME is conditioned as follows Whereas, the Principal entered into a certain Contract, identified by Ordinance Number w�0; , with h t attached and mhe City of ade the Owner, dated the 6 day of JANUARY, A.D Mg, a copy a part hereof, for BID # 2133 — BANNER, ULAND, STROUD & PIERCE STREET PAVING. NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties and make prompt payment to all persons, firths$ subcontractors, corporations and claimants supplying labor and/or material in the prosecution of the Work provided for in said Contract and any and all duty 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 PgOViDBD 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 tune, alteration or addition to the terms of the Contract, or o the Work performed thereunder, or to the Plans, Specifications, Drawings, etc, accompanying e, shall in anywise affect its obligation on this Bond, and it does hereby imoe 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 pAYML'NT BOND - Page 1 This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, as amended, and any other applicable statutes of the State of Texas The ,undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in DENTON County to whom any requisite notices tray be delivered and on whom service of proms may be had in matters anamg out of such eitretyew, as provided by Article 719-1 of the Insurance Code, Vemotes Annotated Civil Statutes of the State of Texas. IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of which shall be deemed an original, this the 6 day of JANUARY, 1998. /vw—uu_�E PRINCIPAL DBR CONSTRUCTION COMPANY INC. ���SECRETARY tl PRE is - v-r, Richards ATTEST SURETY CAPITOL INDEMNITY CORPORATION 'A -IN -FACT Collin Kathy R. Zacharek The Resident Agent of the Surety in IlifIM County, Texas for delivery of notice and service of the process is, NAME: V. R Damian, Jr. STREET ADDRESS: 17774 Preston Road, Dallas, Tx 752sz (NOTE Date of Payment Bond must be date of Contract If Resident Agent is not a corporation, give 6 2MOds name ) PAXMENT BOND - Page 2 IMPORTANT NOTICE To obtain information or make a complaint You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at 1-800-252-3439 You may write the Texas Department of Insurance P 0 Box 149104 Austin, TX 78714-9104 Fax #(512) 475-1771 PREMIUM OR CLAIM DISPUTES' Should you have a dispute concerning your premium or about a claim, you should contact the agent or the company first If the dispute is not resolved, you may contact the Texas Department of Insurance ATTACH THIS NOTICE TO YOUR POLICY. This notice is for information only and does not become a part or condition of the attached document rq&tw INDEMNITY CORPORATION 4610 UNIVERSITY AVENUE SUITE 1400 MADISON WISCONSIN 53705 0900 PLEASE ADDRESS REPLY TO PO BOX 5900 MADISON WI 53705 0900 PHONE (608) 231 4450 - FAX (608) 231 2029 POWER OF ATTORNEY No 462866 IS"t,=dllJrllbnOy tht18F1�3I3II8e, That the CAPITOL, INDEMNITY CORPORATION, acorporation of the State of Wts oh@fn, hayling its principal ofi[cotFin the Cliy of Madison, Wisconsin, does make, constitute and appoint -------�. ay E,,, IDAMiANO, 7R.1 = BS V DAMIANO, CANDACE DAMIANO- -----------•-------- -------------- -+--gk' jRy Rt Z,ACHARB& �TH, zACAAREK, SHERRI L SCHRAER _- --------- its true and lawfulIA.t�rney(s)4n-fact, to make, execute, seal and deliver for and on its behalf, as surety, and as Its act and deed, any and;0'bonds, undertakings and ogntracts of suretyship, provided that no bond of undertaking or contract of suretyship exec tted undef'thfs af�thority shall, Aid in amount the sum of xTnm, nv% cvmv%7r%-ts_ru>n.000.00---------- ----. ---- .._.-..--------- —... This Power pf Attorney']$ grantedl and Is sigited,and sealed by facsimile under and by the authority of the following Resolution adopts 4y the Board of Directors of CAPITOL INDEMNITY CORPORATION at a meeting duly called and held on the 5th d I of May 1 Q 'RESOLVE , ttho ProWeirt6 and Vice President, the secretary or Treasurer, acting lndividualiy or otherwise be and they hereby are granted the power and author [on to appoint by a Power of Attorhey for the purposes only of executing and attesting bonds and undertakings ato nd other writings obligatory in tjle nature that I, one or more residont moo-presidontsff assistant s signature sect unh sand attrs snd see of the each a ppo nt a affixed have the powers and duties U6ua! to suoh offices to the business of this company to any such power of attorney or to any certificate relating thereto by facsimile and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and bending upon the Cjin c any and any such power so executed and certified by facsimile signatures and is 1 natureiI ereof to hall le' ltisi attachednAny such appolntmolif maybe ®e oked, foure r cause cause or withoutcauseond r by any of said officor ers at aner y obligatory in the IN WITN S W,HEREOF, the CAPITOL INDEMNITY CORPORATION has caused these presents to be signed by is officer undersi natf an .1ts corporate seal to be hereto affixed duly attested by its Secretary, this 1 st day of June, 1993 CAPITOL INDEMNITY CORPORATION Attest , Vlrgeline M Schutt% Secretary ; STATE OF WISCOINSIN �oEAMNllrlllpi/�y� /�� d© 9F�.AgA?a � Geor Fart, Pestilent t w,sec�s"' Inns COUNTY OF DAME' On the 1 st;day of Jung, "A D , 1993, before the personally came George A Fait, to me known Who befng by me duly sworn, did depottf}}e and says that he resides in the County of Dane, State of Wisconsin, that ate v the President of CAPITOL INPEf� ITY 00 PORATION, the, oration described in and which executed the above instrument, that he knows the se 1 of the said corporation, thave�Seal affixed to said instrument is such corporate seal, that it was so affixed by order oI;he Board of Directors of said,eorporation and that he signed his name thereto by like order r Iilllll//// zA t vc w�soa4 STATE OF WISdON$IN PEEn �.44, '" ` 4-Peter E Hans COUNTY OF DANE` "e Notary Public, Dane Cowl >IIIpAt�t�p My Commtsafon is Permanent CERTIFICATE I, the undei$tgned, d ly elected,to the offl a stated below, now the incumbent in CAPITOL INDEMNITY CORPORATION a'l/tscQn lrtlCotporatlQn, authorized to make this certificate, DO HEREBY CERTIFY that the foregoing attached Power trf Attomey remains in full fgroe and has not been revoked, and furthermore that the Resolution of the Board of Directs `,'eet,forthin the Po,"r of Attorney Is now in force Signed and oaled'at the City of Madison ,Dated the 6cn day of damrary , 19 98 tg11H eliOeSEAL er Treasurer u nnAlAt This power is lid only it the power of altgmey nu�t]kar prjntad rn flee upper right hand comer appears in red Photocopies carbon copies or other reproductions b hot WOO on the company Int�ti(ftoa oonagmIng this power of attorney may be directed to the Bond Manager at the Home Offce of the Capitol [ n(tk CACj7orat on' CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Bidder's attention is directed 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 submission the availability of insurance certificates and endorsements as prescribed and provided herein If an apparent low bidder fails to comply strictly with the insurance requirements, that bidder may be disqualified from award of the contract Upon bid award, all insurance requirements shall become contractual obligations which the successful bidder shall have a duty to maintain throughout the course of this contract STANDARD PROVISIONS: Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted work has been completed and accepted by the City of Denton, Owner, the minimum Insurance coverage as Indicated hereinafter. As soon as practicable after notification of bid award, Contractor shall file with the Purchasing Department satisfactory certificates of insurance, containing the bid number and title of the project Contractor may, upon written request to the Purchasing Department, ask for clarification of any insurance requirements at any time, however, Contractors are strongly advised to make such requests prior to bid opening, since the insurance requirements may not be modified or waived after bid opening unless a written exception has been submitted with the bid Contractor shall not commence any work or deliver any material until he or she receives notification that the contract has been accepted, approved, and signed by the City of Denton All insurance policies proposed or obtained in satisfaction of these requirements shall comply with the following general specifications, and shall be maintained in compliance with these general specifications throughout the duration of the Contract, or longer, if so noted • Each policy shall be issued by a company authorized to do business in the State of Texas with an A M Best Company rating of at least _A • Any deductibles or self -insured retentions shall be declared in the bid proposal If requested by the City, the insurer shall reduce or eliminate such deductibles or self -insured retentions with respect to the City, its AAA00360 REVISED 10/12/04 Cl - 1 Insurance Requirements Page 2 officials, agents, employees and volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. • Liability policies shall be endorsed to provide the following: •• Name as additional insured the City of Denton, its Officials, Agents, Employees and volunteers • • That such insurance is primary to any other insurance available to the additional insured with respect to claims covered under the policy and that this insurance applies separately to each insured against whom claim is made or suit is brought. The inclusion of more than one Insured shall not operate to increase the insurer's limit of liability. • All policies shall be endorsed to provide thirty(30) days prior written notice of cancellation, non -renewal or reduction in coverage. • Should any of the required insurance be provided under a claims -made form, Contractor shall maintain such coverage continuously throughout the term of this contract and, without lapse, for a period of three years beyond the contract expiration, such that occurrences arising during the contract term which give rise to claims made after expiration of the contract shall be covered. • Should any of the required insurance be provided under a form cf coverage that includes a general annual aggregate limit providing for claims Investigation or legal defense costs to be included in the general annual aggregate limit, the contractor shall either double the occurrence limits or obtain Owners and Contractors Protective Liability Insurance. • Should any required insurance lapse during the contract term, requests for payments originating after such lapse shall not be processed until the City receives satisfactory evidence of reinstated coverage as required by this contract, effective as of the lapse date. If insurance is not reinstated, City may, at its sole option, terminate this agreement effective on the date of the lapse. AAA00350 REVISED 10/12/94 Cl - 2 Insurance Requirements Page 3 SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: All insurance policies proposed or obtained In satisfaction of this Contract shall additionally comply with the following marked specifications, and shall be maintained In compliance with these additional specifications throughout the duration of the Contract, or longer, If so noted [X] A. General Liability Insurance: General Liability insurance with combined single limits of not less than $1,000,000 shall be provided and maintained by the contractor The policy shall be written on an occurrence basis either In a single policy or In a combination of underlying and umbrella or excess policies. If the Commercial General Liability form (ISO Form CIS 0001 current edition) is used • Coverage A shall include premises, operations, products, and completed operations, Independent contractors, contractual liability covering this contract and broad form property damage coverage • Coverage B shall Include personal Injury • Coverage C, medical payments, is not required If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) Is used, It shall Include at least* • Bodily injury and Property Damage Liability for premises, operations, products and completed operations, Independent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures • Broad form contractual liability (preferably by endorsement) covering this contract, personal Injury liability and broad form property damage liability AAA00350 REVISED 10/12194 Cl - 3 Insurance Requirements Page q� [XI Automobile Liability Insurance: mtractor shall provide Commercial Automobile Liability insurance with imbined Single Limits (CSL) of not less than $1.000,000 either in a igie policy or in a combination of basic and umbrella or excess policies. The licy will include bodily injury and property damage liability arising out of the oration, maintenance and use of all automobiles and mobile equipment used conjunction with this contract sfaction of the above requirement shall be In the form of a policy orsement for any auto, or all owned, hired and non -owned autos [XI Workers Compensation Insurance intractor shall purchase and maintain Worker's Compensation insurance uch, in addition to meeting the minimum statutory requirements for issuance such insurance, has Employer's Liability limits of at least $100,000 for each cident, $100,000 per each employee, and a $500,000 policy limit for cupational disease. The City need not be named as an "Additional Insured" t the Insurer shall agree to waive all rights of subrogation against the City, officials, agents, employees and volunteers for any work performed for the :y by the Named Insured For building or construction projects, the ntractor shall comply with the provisions of Attachment 1 in accordance th §406.096 of the Texas Labor Code and rule 28TAC 110 110 of the Texas )rker's Compensation Commission (TWCC) [ I Owner's and Contractor's Protective Liability Insurance Contractor shall obtain, pay for and maintain at all times during the icution of the work under this contract, an Owner's and Contractor's active Liability insurance policy naming the City as insured for property ige and bodily injury which may arise In the prosecution of the work or 'actor's operations under this contract Coverage shall be on an AAA00360 REV1118D 1 112194 CI - 4 Insurance Requirements Page 5 "occurrence" basis, and the policy shall be issued by the same insurance company that carries the contractor's liability Insurance. Policy limits will be at least combined bodily injury and property damage per occurrence with a aggregate. [ 1 Fire Damage Legal Liability Insurance Coverage Is required If Broad form General Liability is not provided or Is unavailable to the contractor or If a contractor leases or rents a portion of a City building. Limits of not less than each occurrence are required [ ] ! Professional Liability Insurance Professional liability insurance with limits not less than per claim with respect to negligent acts, errors or omissions in connection with professional services Is required under this Agreement. [ 1 I Builders' Risk Insurance Builders' Risk Insurance, on an All -Risk form for 100% of the completed value shall be provided. Such policy shall include as "Named Insured" the City of Denton and all subcontractors as their interests may appear. Additional Insurance Other Insurance may be required on an individual basis for extra hazardous contracts and specific service agreements. If such additional insurance is required for a specific contract, that requirement will be described in the "Specific Conditions" of the contract specifications. AAA003S0 REVISED 110112/94 I CI-5 Insurance Requirements Page 6 ATTACHMENT 1 [X] Worker's Compensation Coverage for Building or Construction Projects for Governmental Entitles A. Definitions. Certificate of coverage ("certificate") -A copy of a certificate of Insurance, a certificate of authority to self -Insure Issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity Persons providing services on the project ("subcontractor" in §406 096) - Includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, Independent contractors, subcontractors, leasing companies, motor carriers, owner -operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets 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 providing services on the project, for the duration of the project AAA00360 REVISED 10/12/94 Cl - 6 Insurance Requirements Page 7 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 obtain from each person providing services on a project, and provide to the governmental entity: (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage AAA00380 REVISED 10/12/04 CI - 7 Insurance Requirements Page 8 I. The contractor shall contractually require each person with whom it contracts to provide services on a project, to, (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of Its employees providing services on the project, for the duration of the project; (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project, (3) provide the contractor, prior to the end of the coverage period, anew certificate of coverage showing extension of coverage, If the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain from each other person with whom It contracts, and provide to the contractor: (a) a certificate of coverage, prior to the other person beginning work on the project; and 'b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, If the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mall or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and AAA00350 REVISED 10/12/94 Cl - 8 Insurance Requirements Page 9 (7) contractually require each pe as required by paragraphs (1) to be provided to the person per with - (7), wit for whom whom it contracts, to perform h the certificates of coverage they are providing 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 classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the commission's Division of Self -Insurance Regulation Providing false or misleading Information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. 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. MA00360 REVISED 10/12/94 Cl - 9