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HomeMy WebLinkAbout1998-032ORDINANCE NO qb -0A;?-" AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF A CONTRACT FOR PUBLIC WORKS OR IMPROVEMENTS FOR CONSTRUCTION OF THE CIVIC CENTER PEDESTRIAN BRIDGE PROJECT IN THE AMOUNT OF $103,472 00, PROVIDING FOR EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING FOR AN EFFECTIVE DATE (BID # 2161 — CIVIC CENTER PEDESTRIAN BRIDGE PROJECT FOR $103,472 00) 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 h=B lEt CONTRACTOR AMOUNT 2161 DBR CONSTRUCTION $103,472.00 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 herem accepted and approved, until such person shall comply with all requirements 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 SSECTION V That tfus ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the l Lday of 41u646' ,1998 JACK ER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY Oiy APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY Aell" � c �. 2161 CONTRACT ORDINANCE TABULATION SHEET ATTACHMENT #1 BID # 2161 BID NAME CIVIC CENTER PEDESTRIAN ARCHITECTURAL JIM BRIDGE PROJECT UTILITIES BOWMAN INC CONST DATE 3•Feb-98 # DESCRIPTION VENDOR VENDOR 1 CIVIC CENTER PEDESTRIAN BRIDGE PROJECT $119 000 00 $126,000 00 ALTERNATE#1 DEDUCT DEDUCT For Demolition & Removal of $760 00 $4,500 00 existing bridge ALTERNATES # 2 DEDUCT DEDUCT Eliminating 8 Specified Ilght fixtures from brld a column $10 000 00 $4,632 00 ALTERNATES # 3 Remove Utility Lines from under ADD ADD existing bridge and relocate $500 00 $2,000 00 under new bridge Base Bid plus Alternate #2 $109 000 00 $121,368 00 ADDENDUM YES YES BID BOND YES YES CONTRACT AGREEMENT STATE OF TEXAS COUNTY OF DENTON THIS AGREEMENT, made and entered into this 17 day of FEBRUARY A.D., 19 98 , by and between CITY OF DENTON of the County of DENTON and State of Texas, acting through TED BENAVIDES thersunto duly authorized so to do, hereinafter termed "OWNER," and QBR CONSTRUCTION P.O. BOX 828 DENTON, TX 76202 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: BID 2161 - CIVIC CENTER PEDESTRIAN BRIDGE PROJECT in the amount of $103,472 00 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 CITY OF DENTON PARKS AND RECREATION DEPARTMENT STAFF 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. 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. 1 ems, %EIVEW APPROVED AS TO FORM: City Attorney ARA0184D Rev. 04/03/96 CA - 3 DBR CONSTRUCTION CONTRACTOR �) MAAILING ADDRESS PHONE NUMBER IPAX H'R BY a ��s��✓-�f LE - 70�2 PRINTED NAME (SEAL) THE STATE OF TEXAS COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS That DBR CONSTRUCTION, whose address is P O BOX 828 DENTON, TX 76202, 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 City of Denton, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, and unto all persons, firms, and corporations who may furnish materials for, or perform labor upon, the building or improvements hereinafter referred to, in the penal sum of ONE HUNDRED THREE THOUSAND FOUR HUNDRED SEVENTY TWO and no/100— ($103,472.00) in lawful money of the United States, to be paid in Denton County, Texas, for the payment of wlnch sum well and truly to be made, we hereby bind ourselves, our heirs, executors, admuustrators, successors, and assigns, lomtly 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 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 98-032, with the City of Denton, the Owner, dated the 17 day of FEBRUARY, A D 1998, a copy of wluch is hereto attached and made a part hereof, for BID # 2161— CIVIC CENTER PEDESTRIAN BRIDGE PROJECT. 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 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 PAYMENT 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 may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Article 719-1 of the Insurance Code, Vernon's 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 17 day of FEBRUARY 1998. ATTEST SECRETARY ATTEST m PRINCIPAL m SURETY M PRESIDENT ATTORNEY -IN -FACT The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is NAME STREET ADDRESS (NOTE Date of Payment Bond must be date of Contract If Resident Agent is not a corporation, give a gers4n's name ) PAYMENT BOND - Page 2 THE STATE OF TEXAS COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS That DBR CONSTRUCTION, whose address is P O BOX 828, DENTON, TX 76202, hereinafter called Principal, and a corporation organized and existing under the laws of the State of TEXAS, and fully authonzed 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, in the penal sum of ONE HUNDRED THREE THOUSAND FOUR HUNDRED SEVENTY TWO and no/100 — ($103,472.00) 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 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 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 98-032, with the City of Denton, the Owner, dated the 17 day of FEBRUARY A D 1998, a copy of wluch is hereto attached and made a part hereof, for BID # 2161— CIVIC CENTER PEDESTRIAN BRIDGE PROJECT NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill all of the undertakings, covenants, terms, conditions and agreements of said Contract in accordance with the Plans, Specifications and Contract Documents during the original term thereof and any extension thereof which may be granted by the Owner, with or without notice to the Surety, and during the life of any guaranty or warranty required under this Contract, and shall also well and truly perform and fulfill 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 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 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 Much the Owner may incur in making good any default or deficiency, then this obligation shall be void, otherwise, it shall remain in full force and effect 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 Texas AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc , accompanying the same, shall in anywise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, as amended, and any other applicable statutes of the State of Texas The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in DENTON County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Article 719-1 of the Insurance Code, Vernon's 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 17 day of FEBRUARY, 1998 ATTEST PRINCIPAL KY'1 SECRETARY ATTEST 1'M m SURETY M PRESIDENT ATTORNEY -IN -FACT The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the processis f`l:\idyl STREET ADDRESS (NOTE Date of Performance Bond must be date of Contract If Resident Agent is not a corporation, give a person's name ) PERFORMANCE BOND - Page 2 Mr Tom Shaw Purchasing Agent City of Denton Denton, Texas Bin SUMMARY Mr Shaw Having carefully examined the site, contract documents, plans and specifications, prepared by the Parks and Recreation Department, I (we) propose to furnish all materials, labor, service, and guarantees required to perform and complete the work described for the following CIVIC CENTER PEDESTRIAN BRIDGE PROJECT BID SCHEDULE Item # Descri tion and Price in Words Price in Figures ITEM #1 Civic Center Pedestrian Bridge Project For furrushing all materials, supervision, labor, and equipment for the construction and installation of a pedestrian bridge associated improvements according to plans and specifications, complete and in place for the sum of dollars and cents ALTERNATES: Bidders are required to submit Alternate Bids to add work to or deduct work from the Base Bid Failure to submit Alternate amounts in spaces provided shall be basis for disqualification of the Bid ALTERNATE #1 For demolition and removal of the existing pedestrian bridge According to plans and specifications for the sum of dollars and �a cents ALTERNATE #2 For eliminating eight (8) of the specified light fixtures on the bridge columns according to plans and specifications for the sum of �« 71foa.o an� §ollars and -- cents ALTERNATE W For removal of existing utility lines under existing bridge and relocating utilities under the new bridge in separate conduit, (See Attachment I for location & listing of utility lines) for the sum of�i�� �d.d �, ;�� dollars and 4116m ' cents DEDUCT $,,� 4W-- DEDUCT $��p �_ 114 -3 we s/P W./ �r//q C c c/ate S\CCB\bndgedoc /c...ar�.z / w., c/ I� /o c.�-fi'o-. e r< r" x UNIT PRICES The undersigned agrees that the following unit prices will apply to adjust quantities of materials indicated on drawings Prices are for materials famished and installed It is further 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 Owner's Representative, and that all quantities of work, whether increased or decreased, are to be performed at the unit prices set forth above except as provided for in the specifications UNIT PRICE #1 Furnish materials and provide labor to install one (1) square foot of concrete sidewalk according to the plans and specifications complete and in place for the sum of %L/o dollars and cents (per square foot) UNIT PRICE #2 Furnish materials and provide labor to install one (1) linear foot of concrete drill piers according to the plans and specifications complete and in place for the sum ofii�ci dollars and cents $ 3% (per linear foot) The undersigned certifies that the bid price contained in this proposal have been carefully checked and are submitted as correct and final NOTE Unit and Lump Sum prices must be shown in words and figures for each item listed in this proposal and in the event of discrepancy the words shall control Receipt is hereby acknowledged for the following addenda to the contract documents Addendum No 1 Dated Received Addendum No 2 Dated Received Addendum No 3 Dated Received Addendum No 4 Dated Received The undersigned agrees to complete in full the Construction of the Civic Center Pedestrian Bndge no later than April 23, 1998. Seal if Corporation Attu C Title S\CCB\budge dw ` ,x �j�'��r,'Mti::M k: iIF, "�w.nn tin+i i_ ^^'C ��.'°'. �''".:'1 a. x*„i'S:: .r ."« ":xe xr se"s DATE N D" ` ay.xM�`"'� r is „vx x� Rpm I��P'I���1m %vN11 k�xx •x[`�x%Y y a®r ' " IRA r• ji.�xi�r"nX` D1/1v10 r xI xh„ r Y.IJ'.'. ;s4ro"1�;'s i, S +,C000�.R I TNIB DeRTBTICATE IS 188UED A8 A PATTER OR INPORMATON ONLY ANp ( CONP8R8 NO RNiNT$ UPON TN8 CERTIPICA7E NOLDERr THIS C8RTF9CATE i DOSE NOT AMEND, EXTEND OR ALTER THE COVERAGE APPORDBD BY THE RANEY A KING INSURANCE POLICIES BELOW L1O IS. S,OSE. Surts A COMPANIES AFFORDING COVERAGE Denton Tx 768pb nn A` A Scottsdale In"renw Co OOWAW B Tr" Lloyds Ina Cc um NWIR® D B R Consouction Co bw L w C TWa Work Cane Ins Fund Don Richards P 0 801 4n COMPANY D Denton TX 7=2 LETTD1 GWArY E �'9 w Lem " THW IS TO CERTIFY THAT THE POUCIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING My REOVIREMENT TEAM 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 TERMS EXCWSIONS AND CONDITIONS OF SUCH POLICIES UMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS '0 TYPE OF HO URANCE POLICY NiJkMM P01= EFFOOM POI OWRATIDN LIMITS .TA DAYE IMIANDMT DATE potow n A OPIFJtAL Lueam CLSAB8048 01110"T mow" OFNFRAL AGOREGATE 9 I m, - - - 0 I X COAVAwcIAL OINVIAL LMBLRY PRODUCT940MP.OP Asa 1 1000000 CLAMS MADE x DO" PERSONAL A AUV INJNIY E 500000 CY,NERS A camAcroAy PLOY FAGI OCCURIFNce 9 5000011 FEE DAMAGE AVIY " M) S 61 MEO 100I (AAY err PI E EXCLUDED B ALrrOMOBLE LOOLM BINDERIAPPLICATION 11I17R7 1111SNS COMBINES SINGLE 1 100m LIMR X ANY AUTO BODILY PIAM ALL OvmEO ALTOS (FP, pow' 1 SCHEDULED AUTOS X HRH.D AUTOS EDGILY INJURY i rP.' EccMPxR X NDH.ONNLA AUTOS GARAGE LUSLITY PROPERTY DAMAGE i "GRES UABLrTY EAC 4 OCWR1rNCE i VMWGILA PORM AGGREGATE 1 OTHER THAN UMBRELLA PORA STATUTORY LMnS WORXER 9 OOMPPOAYDN EAOr ACCIOEI 1 $00000 C AND SBP1007410 OVOTIVY ISM07/1111 o0TAL1E POLICY LMrt 1 50D000 DisLQYFAB LIABILITY Der" EACA FIAKOYFE E 50DOOD OTHF31 OESCAP'1ON OF OPETUTONbL00MIONOVIIHE1E8,11I TYWAS Woemem CadkAMMman Corlifich Fad S General LIBbRRy and AM Lleb111tY WAIVW of Subl'00e11011 PMVkNW se rsaPacb Workem COrnPBYUaGen ERTIRCAT9HOLM' SHOULD ANY OF 1HE A90VE DESCRIBED POUCIE$ BE CANCELLED BEFORE THE „¢', EXPIRATION DATE THEREOF THE ISSUING COMPANY WILL ENDEAVOR TO MAIL SO DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE CITY of Denton V LEFT BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OOUOA71ON OR Ann Tom Sher pnS�o#" 9~ TX 76901 UAEIUTY OF ANY IONO UPON THE COMPANY ITS AGENTS OR REPRESENTATIVES 7J x, -�/1 x.• '"..n :LI «,5: :�" - �!Y :six`.-,. .0 ...."._•_ , 1DAOORO CORPORATION s.. --- 9\I�1 1IMd it it HU)86 NI �� BOND RXECUTBDI IN FOUR (4) ORIGINALS Bond No. 729579 THE STATE OF TEXAS COUNTY OFDBNTON BOND PREMIUM BASED ON FINAL CONTRACT PRICE KNOW ALL MEN 13Y THESE PRESENTS That DBR CONSTRUCTION, whose address is P O BOX 8289 DENTON, TX 76202, heimnaft (ailed Prinetpai, and Capitol Indemnity Corporation , a corporation organized and existing under the laws of the State of Wisconsin and Hilly authorized to tionsact business in the State of Texas, as Surety, am hold and fimjrly bound unto the City of Donlon, a municipal corporation organized and existing under the laws o the State of Texas, hereinafter (tilled Owner, in the penal sum of ONE HUNDRED THREE THOUSAND FOUR HUNDRED SEVENTY TWO and no/300 — ($103,a72.00) plus 10 percent of the stated penal sum as an additional sum of money representing additional court expenses, attorneys' fees, and hqutdated damages arising out of or connected with the below identified Contrac% in lawfltl money of the United States, to be paid in Denton County, Texas, for the payment ofwhich sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by those presents. This Bond shall automatically be increased by the amount of any Change Order or Supplemental AgrO mOt which irAn ascs the Contract price, but in no event shall a Change Order or Supplemental Agreement which reduces the Contract price decrease the penal sum of tits Bond. THE OBLIGATION TO PAY SAME is conditioned as follows Whereas, the Principal entered into a certain Contract, identified by Ordinance Number 98-0329 with the City of Denton, the Owner, dated the 17 day of FEBRUARY A.D 1998, a copy of which is hereto attached and made a part hereof, for BID N 2161— CIVIC CENTER PEDESTRIAN BRIDGE PROJECT. NOW, THEREFORE, if the Principal shall well, truly and f3uthfolly perform and fulfill all of the under Wangs, covenants, terms, conditions and agreements of said Contract in accordance with the Plmt�s, Specifications and Contrast Documents dunng the original tmm thereof and any extension thereof which may be granted by the Owney with or without nonce to tlu Surety, and during the life of any gharatity or warranty required under this Contract, and shall also wolf and truly perform and fulfill a�l the undertakings, covenants, terms, corairtions and agreements of any and all duly authorized modifications of sand Conlnict that may hereafter be mad(, notice of wfuch modifications to the Syiraty being hereby waived; and, if the Principal shall repatrand/or replace all defects due to faulty »tatenala and workinanahip that appear within a period of (ire (1) year from the date of final complet(an and final acceptance of the Work by the Owner, and, if the Principal shall fully mdemnify and save harmless the Owner from all costs and damages which Owner may suffer by reason of failure to $o perform herein and shall folly reimburse and repay Owner all outlay and expense) which the Owner may incur in making good any default or deficiency, then tins obligation shall be (void, otherwise, it shall remain in full force and effect. PERFORMANCE BOND - Page 1 PROVIDED FURTHER, that if any legal action be filed upon this Bond, exclusive venue shall 1l'e in Denton County, State of Texas. AND PROMED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension ofthne, alteration or addition to the two of the Contract, or to the Work 0 be perRmned thermiler, or to the Plans, Specifications, Drawings, etc, accompanying the same, 0111111 In anywise afW its obligation on tea Bond, and it does hereby waive notice ofany such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc. This Bond is given pursuant to the provisions of Chapter 2253 of the Tom Government Code, as amended, and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in DENTON County to whom any requisite notices may be delivered and on whom service lof process may be had 1n matters wising out of such suretyship, as provided by Article 9.19-1 of the Insurance Code, Vexnores Annotated Civil Statutes of the State of Texas IN WITNESS WHEREOF, this inshument is executed in 4 copies, each one of which shall be deemed an original, this the 17 day of FEBRUARY, 1"g. ATTEST- L.1 ATTEST Ip �'1 L i 1L _II W:W1011J:111 DBR OONSTRUI ON O iNPA1IY INC. BY/ PRESIDENT SURETY CAPITOL INDEMNITY CORPORATION BY: ATrORN Y-IN-FACT Kathy R. Zacha ek The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the procesai is: NAME; Surety Bond Connection Agency, Inc. 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 pmoifs name.) PERFORMANCE BOND - Page 2 BOND ERECUM IN FOUR (4) ORIGINALS Bond No. 729579 THE STATE OF TEXAS COUNTY OFDENTON BOND PREMIUM BASED ON FINAL CONTRACT PRICE KNOW ALL MEN BY THESE PRESENTS. That DBR CONSTRUCTION, whose address is P O BOX 828 DENTON, TX 76202, hereinafter called Pnneipal, and itor I it Corporation a corporation organized and existing under the laws of the State o Giaconsinand 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, and unto all persons, firms, and corporations who may Amish materials for, or perform labor upon, the building or unprovements heremater referred to, in the penal sum of ONE HUNDRED THREE THOUSAND FOUR HUNDRED SEVENTY TWO and mo/100— ($103,472.00) in lawful money of the United States, to be paid in Denton County, Taxes, for the payment of which sum well and truly to be made, we hereby bind ourselves, our hens, executors, admwshators, successors, and assigns, jointly and severally, firmly by these presents. This Bond shall automatically be increased by the amount ofany Change Order or Supplemental Agreement which nmeteasee 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 98-032, with the City of Denton, the Owner, dated the 17 day of FEBRUARY, A.D 1998, a copy of which is hereto attached and made a part hereof, for BID # 2161 — CMC CENTER PEDESTRIAN BRIDGE PROJECT. NOW, THEREFORE, if the principal dball well, truly and fartlMly perform its duties and make prompt payment to all persons, firma, 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 obhgation shall be void, otherwise it shall remain in Atli 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 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 terns of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc. PAYMENT 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 dosignated by the Surety herein as the Resident Agent in DENTON County to whom arty tequtsite noticoe may be delivered and on whom service of procoes may be had m inattsmg out of such suretyship, as provided by Article 719-1 of the Insurance Code, Veanods Annotated Civil Statutes of the State of Tan. IN WITNESS WHEREOF, this instrument is m=ted in 4 copies, each one of whtch shall be doomed an original, this the 17 day of FEBRUARY 199g. ATTEST PRINCIPAL DER CONSTRUCTION COMPANY, INC. BY.2.fryC, ECRETAR RES ENT ATTEST- SURETY CAPITOL IMEMITY CORPORATION BY. A ' ORN Y-IN-FACT Kathy R. Zacharek The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the processis: NAM: Surety Bond Connection Agency, Inc. STREET ADDRESS. 17774 Preston Road, Dallas, Tx 75252 (NOTE* Date of Payment Bond must be date of Contract If Resident Agent is not a corporation, give a 9=91ft name.) PAYMENT 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 O 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 V091AW 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 Bond No. 729579 POWER OF ATTORNEY No 462999 Know all men by these Presents, That the CAPITOL INDEMNITY CORPORATION, a corporation of the State of Wisconsin, having its principal offices in the City of Madison, Wisconsin, does make, constitute and appoint --- -- V. R. DAMIANO, JR , JAMES V DAMIANO, CANDACE DAMIANO, ----KATHY-R ZACHAREK, KENNETH ZACHAREK, SHERRI L SCHRAER its true and lawful Attorneys)-m-fact, to make, execute, seal and deliver for and on its behalf, as surety, and as its act and deed, any and all bonds, undertakings and contracts of suretyship, provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of EXCEED $5,000,000 00 ._ This Power of Attorney Is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of CAPITOL INDEMNITY CORPORATION at a meeting duly called and held on the 5th day of May 1960, RESOLVED, that the President and Vice President, the Secretary or Treasurer acting individually or otherwise be and they hereby are granted the power and authorization to appoint by a Power of Attorney for the purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof one or more resident vice presidents assistant secretaries and attorney(s) in fact, each appointee to have the powers and duties usual to such offices to the business of this company the signature of such officers and seal of the Company may be affixed to any such power of attorney or to any certificate relating thereto by facsimile and any such power of attorney or certificate bearing such facsim Is signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking or other writing obligatory in the nature thereof to which it is attached Any such appointment may be revoked for cause or without cause by any of said officers at any time IN WITNESS WHEREOF, the CAPITOL INDEMNITY CORPORATION has caused these presents to be signed by its officer undersigned and its corporate seal to be hereto affixed duly attested by its Secretary, this 1 st day of June 1993 Attest G 141� A � Virgeine M Schulte Secretary STATE OF WISCONSIN COUNTY OF DANE CAPITOL INDEMNITY /CORPORATION x J�. � Fart, Presrdcnt � SEAL s 1111111110N On the 1st day of June, A D , 1993, before me personally came George A Fait, to me known, who being by me duly sworn, did depose and say that he resides in the County of Dane State of Wisconsin, that he is the President of CAPITOL INDEMNITY CORPORATION, the corporation described in and which executed the above instrument that he knows the seal of the said corporation, that the seal affixed to said instrument is such corporate seal, that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order �euoimiwuniau� tl¢ ors (i STATE OF WISCONSIN * P6ETER 4� i ` �4, F DANE uNs Peter E Hans COUNTY O Notary Public, Dane Co , WI ryNTgAYP�`\�\\ My Commission is Permanent renmm CERTIFICATE I, the undersigned, duly elected to the office stated below, now the incumbent in CAPITOL INDEMNITY CORPORATION, a Wisconsin Corporation, authorized to make this certificate, DO HEREBY CERTIFY that the foregoing attached Power of Attorney remains in full force and has not been revoked and furthermore that the Resolution of the Board of Directors, set forth in the Power of Attorney is now in force Signed and sealed at the City of Madison Dated the 17th day of %^ Pb 19 98. $Q mu anq>Ni / MNITV L'Ogq O i n CORPORATE EE SEAL PauIJ Bruedr Treasurer wrsCorvsP �� HOBI1181111UUN This power is valid only it the power of attorney number printed in the upper right hand comer appears in red Photocopies carbon copies or other reproductions are not binding on the company Inquiries concerning this power of attorney may be directed to the Bond Manager at the Home Office of the Capitol Indemnity Corporation 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 fads 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 AAA00960 REVISED 10/12/94 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(3O) 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 of coverage that Includes a general annual aggregate limit providing for claims Investigation or legal defense costs to be included in the general annual aggregate limit, the contractor shall either double the occurrence limits or obtain Owners and Contractors Protective Liability Insurance. • Should any required insurance lapse during the contract term, requests for payments originating after such lapse shall not be processed until the City receives satisfactory evidence of reinstated coverage as required by this contract, effective as of the lapse date. If insurance is not reinstated, City may, at its sole option, terminate this agreement effective on the date of the lapse. AAA00350 REVISED 10/12/94 CI - 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: Ix] A. General Liability Insurance: General Liability insurance with combined single limits of not less than $500, 000. shall be provided and maintained by the contractor The policy shall be written on an occurrence basis either in a single policy or in a combination of underlying and umbrella or excess policies. If the Commercial General Liability form (ISO Form CG 0001 current edition) is used. • Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual liability covering this contract and broad form property damage coverage • Coverage B shall include personal injury • Coverage C, medical payments, is not required If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) is used, it shall include at least: • Bodily injury and Property Damage Liability for premises, operations, products and completed operations, Independent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures. • Broad form contractual liability (preferably by endorsement) covering this contract, personal injury Lability and broad form property damage liability AAAM350 REVISED 101121 4 CI - 3 Insurance Requirements Page 4 (s] Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than ssgo_000 either in a single policy or in a combination of basic and umbrella or excess policies The policy will include bodily injury and property damage liability arising out of the operation, maintenance and use of all automobiles and mobile equipment used In conjunction with this contract. Satisfaction of the above requirement shall be in the form of a policy endorsement for• • any auto, or all owned, hired and non -owned autos (k) Workers Compensation Insurance Contractor shall purchase and maintain Worker's Compensation insurance which, in addition to meeting the minimum statutory requirements for issuance of such insurance, has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 policy limit for occupational disease. The City need not be named as an "Additional Insured" but the insurer shall agree to waive all 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 Liability Insurance The Contractor shall obtain, pay for and maintain at all times during the prosecution of the work under this contract, an Owner's and Contractor's Protective Liability insurance policy naming the City as insured for property damage and bodily injury which may arise in the prosecution of the work or contractor's operations under this contract Coverage shall be on an AAA00350 REVISED 10n3184 Cl - 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 I I 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 I I 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. I 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 II 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. AAA00350 REVISED 10112194 Cl • 5 Insurance Requirements Page 6 [)J Worker's Compensation Governmental Entities A. Definitions ATTACHMENT Coverage for Building or Construction Projects for 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 AAAW350 REVISED 10/12/94 CI - 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 and 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 mad 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. AAAW350 REVISED 1 21114 Cl - 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 mail 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 C1 - 8 Insurance Requirements Page 9 (7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. 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. AAA00360 REVISED 10/12/04 CI - 9