HomeMy WebLinkAbout1998-107ORDINANCE NO 9o-101
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR
GENERA$. CONSTRUCTION AND RENOVATION OF THE DENTON MUNICIPAL CENTER
AND CITY HALL — PROJECT II, PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFOR, AND PROVIDING AN EFFECTIVE DATE (BID # 2184 GENERAL
CONSTRUCTION AND RENOVATION OF THE DENTON MUNICIPAL CENTER AND CITY
HALL — PROJECT II IN THE AMOUNT OF $1,065,587 00 AWARDED TO DBR
CONSTRUCTION COMPANY)
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
NUMBER CONTRACTOR AMOUNT
2184 DBR CONSTRUCTION COMPANY $1,065,587.00
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 herein accepted and approved, until such person shall comply with
all requir�m.ents 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 herem, 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 herem, the City Council
hereby authorizes the expenditure of funds in the manner and in the amount as specified in such
approved bids and authorized contracts executed pursuant thereto
SECTION V That this ordinance shall become effective immediately upon its passage and
approval
PASSED AND APPROVED this the 01 Aay of j / .1998
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
I: � 1 .mot
2184 CONTRACT ORDINANCE
COROAN ASSOCIATES. INC
$oh EIM STREET
DALLn MA5 73302
TEL 214 749 2M
M 214653 E2SI
ATTACHMENT #1
8 April 1998
Mr. Bruce Henington
Faclhues Manager
City of Denton
215 East McKinney,
Denton, TX 76201
Re Denton City Hall Renovation Project II, Phase I and II
General Contractor Recommendation
Dear Brice
On April 7,1998, the City of Denton received bids for the City of Denton
Project TT Renovations We received four proposals We have included the
following information for your review
1 Complete bid tabulation form
2 Contractor Qualification Statement (low bidder DBR Construction
Company)
We have verified the resume of contacts for the apparent low bidder, DBR
Construction Company which is a local Denton company, and have spoken to
owners and architects o{previous construction projects The contacts are
complimentary and did not hesitate to recommend DBR We have worked with
DBR m the past and they incapable of executing this contract We have
requested their list of potential subcontractors, which includes a number of local
subcontractors for major contracts (Mechanical, Electrical and Plumbing) as well
as the smaller subcontracts
Therefore, we recommend a contract for construction of the Demon City Hall
and Municipal Complex Renovations - Project II be awarded to DBR
Construction Company in the amount of $1,065,587 00 This contract includes
the Base Bid amount and all three alternates with 310 calendar days construction
period We request your action on this recommendation at this time
Sincerely,
Soarvom Lows olf, ATA (/1
Associate
NSW TOM
Encl
MIAMI
LONDON E\97174\M\CS\DAL116.LET
ATTACHMENT #1
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ATTACHMENT # 2
TABULATION SHEET
BID #
BID NAME
DATE
2184
DMC AND CITY HALL - PROJECT II
7-A r 98
DBR
$1,061,312 00
MARATHON
$1,205,000 00
OWC
$1,229,000 00 1
MART
$1,246,000 00
BASE BID AWARD
Window glazing and frames at
Cashier Stations
$975 00
$10,000 00
$1,250 00
$400 00
Remove abandon Air Handler
$1,500 00
$1,000 00
$1,400 00
$1,700 00
Wall paneling and trim on wall
of Corridor 100
$1,800 00
$5,000 00
$13,000 00
$12,000 00
BID SECURITY
S
YES
YES
YES
COMPLETION TIME
E31AYS
300 DAYS
210 DAYS
285 DAYS
ADDENDUM 01
YES
YES
YES
YES
ADDENDUM #2
YES
YES
YES
YES
ADDENUM # 3
YES
YES
YES
I YES
5
CONTRACT AGREEMENT "
STATE OF TEXAS §
COUNTY OF DENTON §
THIS AGREEMENT, made and entered into this 21 day of APRIL A.D., 1998, by
and between CITY OF DENTON of the County of DENTON and State of Texas, acting
through TED BENAVIDES thereunto duly authorized so to do, hereinafter termed
"OWNER," and
DBR CONSTRUCTION COMPANY
2301 HINKLE STREET
DENTON, TEXAS 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
— GENERAL CONSTRUCTION AND RENOVATION OF THE
in the amount of $1,065,587.00 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 furmsh 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
CA-1
accordance with the plans, which includes all maps, plats, blueprints, and other drawings and
printed or written explanatory matter thereof, and the Specifications therefore, as prepared by
CORGAN ASSOCIATES INC.
all of which are made a part hereof and collectively evidence and constitute the entire contract
Independent Status
It is mutually understood and agreed by and between City and Contractor that
Contractor is an independent contractor and shall not be deemed 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
Indemnification
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 clauns and demands
Choice of Law and Venue
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
� II
APPROVED AS TO FORM
CITY ATTORNEY
E
2186-CONTRACT & BONDS
3 30-98
CITY OF DENTON
OWNER
BY
CA-3
4
CONTRACTOR
1. 3%l/ /1Y/hl�r Sfiec-�
7�aZO/
MAILING ADDRESS
RHONE NUMBER
AX NUMBER
BY
E
PRINTED NAME
(SEAL)
11 1 12 Delete the semicolon at the end of Clause 11 1 12 and add
or persons or entities excluded by statute from the requirements of Clause 11 1 1 1 but required
by the Contract Documents to provide the insurance required by that Clause,
Add the following Clause 11 12 1 to Subparagraph 11 12
11 1 2 1 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 carvers 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
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 mimmum 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 torte; 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
0 If requested by the City, the insurer shall reduce or eliminate such deductibles or
self -insured retentions with respect to the City, its officials, agents, employees and
volunteers, or, the contractor shall procure a bond guaranteeing payment of losses
and related investigations, claim administration and defense expenses
[x] A General Liability incLrance: -
General Liability insurance with combined single limits of not less than
$2.000.000.00 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 coverages
• 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 (XCLT) exposures
• Broad form contractual liability (preferably by endorsement)
covering this contract, personal injury liability and broad form
property damage liability
�n�� Flail, � w•i
Comprehensive or Business Automobile Liability insurance shall be provided by the
Contractor with limits of not less than S500.000.00 per occurrence either in a single
policy or in a combination of underlying and umbrella or excess policies
The policy will include bodily injury and property damage liability arising out of the
operation and maintenance of all automobiles and mobile equipment used in conjunction
with this contract including owned, scheduled, hired, and' non -owned vehicles and
employee non -owned use Scheduled automobiles will be listed in the Description or
Remarks section of the Certificate of Insurance (ISO Form CA 0001 Current Edition)
• 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 mi u Lain 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 ansmg during the contract team 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 clamis mvesugation 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
I 1 YY .. i. y ► « ; s n; ui .Yl�ij
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] Workers Compensation Insurance
Contractor shall purchase and maintain Worker's Compensation insurance witch, 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
teamed 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) Attachment 1 has been inserted at the end of this specification
section
Add the following Clauses 11.1.2 2 and 11 12 3 to Subparagraph 11 12
11 1 2 2 Each policy of insurance listed above to be purchased and maintained by the
Contractor and each certificate of insurance for said insurance shall contain a complete waiver of
subrogation against Owner, Architect and Architect's Engineers Each certificate shall also list
Owner, Architect and Architect's Engineers as a party insured The tmmumty of the owner shall
not be defense from the insurance carrier
11 1 2 3 Contractor shall not commence work at the site under this Contract until he
obtained all required insurance and submitted appropriate certifications
Add the following sentence to Paragraph 11 13
If this insurance is written on the Comprehensive General Liability policy form, the Certificates
shall be AIA Document G705, Certificate of Insurance If this insurance is written on a
Commercial General Liability policy form, ACORD form 25S will be acceptable
113 PROPERTY INSURANCE
113 1 1 Add the following sentence to Clause 113 1 1.
The form of policy for this coverage shall be Completed Value
Delete Clause 11.3 14 and substitute the following
11.3.1 4 The Contractor shall provide insurance coverage for portions of the Work stored
off the site after written approval of the Owner at the value established in the approval, and also
for portions of the Work in transit
ATTACHMENT
6cl Worker's Compensation Coverage for Building or Construction Projects for
Governmental Entities
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
8. 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.
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.
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 and of the coverage period, 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;
(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 and 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
(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.
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DOCUMENT 00300
BID FORM
Bidder)APO
(Name of
"
Dear Sir
Undersigned, having examined Drawings, Project Manual, related documents, and site of
propposed work, and being familiar with all of conditions surrounding work, including
availabiltty of materials and labor, hereby proposes to furnish all labor, materials, and
equipment required for General Construction and Renovation of the Denton City Hall
and Municipal Complex - Project II for the City of Denton, Denton, Texas, in accordance
with Drawings and Project Manual prepared by Corgan Associates, Inc, for the lump sum
BASE BID amount of
BASE
Dollars
NOTE Amount shall be shown in both words and figures In case of discrepancy,
amount shown in words shall govern Above amount does not include State of
Texas Sales Tax and Renovation Tax
Undersigned affirms that above stipulated base bid sum represents entire cost in accordance
with Drawings, Project Manual, and Addenda and that no claim will be made on account of
any increase in wage scales, material prices, taxes, insurance, cost indexes, or any other rates
affecting construction industry or this project
Undersigned bidder agrees that this bid shall be good and may not be withdrawn for a period
of 60 calendar days after scheduled closing time for receiving bids
Undersigned bidder understands that the Owner reserves right to reject any or all bids and to
waive any informalities in bidding
The successful bidder's bid security will be retained until the contract has been executed and
payment and performance bonds have been executed and delivered The Owner reserves the
right to retain the security of the next two lowest bidders until the lowest bidder enters into
contract or until 60 days after bid opening, whichever comes first All other bid securities will
be returned as soon as practicable
The Owner reserves right to regture bonds from successful bidder If written notice of
acceptance of this bid is received within 60 days after date designated for opening of bids,
undersigned, within 10 days of receipt of the Contract, will sign and deliver to the Owner the
Contract required Performance Bond, Labor and Material Payment Bond, Certificate of
26 March 1998 00300 - 1 CAI 97174 00
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Insurance, and insurance policies required by the Contract Documents Should undersigned
fail to deliver signed Contract or required bonds and insurance policies within 10 day period,
the Owner reserves right to terminate relationship
Alternates The undersigned agrees to the following additions or deductions from the Base Bid
Sum if the listed alternates itemized below are accepted by the Owner Alternate prices
include all variations in profit, overhead, bonds, insurance and similar related items, and
represent the total cost to the Owner for each Alternate
Alternate No 1 Provide glazing and associated frames at the Municipal Complex at cashier
stations as indicated on Detail 7/A2 03, and Details 2 through 9/A7 01
Add to Base Bid the following amount
Dollars
Alternate No 2 Remove the existing abandon air handler unit in the room north of Storage III
- 123 for installation of electrical panels and transformers Mechanical & electrical work to be
part of base bid Room will not require additional finishes
Add to Base Bid the following amount
Dollars ($ ; S n!V 141si--
Alternate No 3 Provide wall paneling and trim on east and north walls of Corridor 100
indicated on detail 17/A7 01 as future wood paneling
Add to Base Bid the following amount
ad --
Dollars
TIME OF COMPLETION
Undersigned agrees to commence work under this contract within 10 days of receipt of
written Notice to Proceed from the Owner, and to substantially complete entire work within
following number of calendar days Y/d
ADDENDA
Undersigned hereby acknowledges receipt of following Addenda to Drawings and Protect
Manual, all of provisions and requirements of which addenda have been taken into
consideration in preparation of this proposal
Addendum No L_ Dated I
Addendum No Dated
Addendum No Dated W'
Addendum No Dated
26 March 1998
00300 - 2
CAI 97174 00
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BID SECURITY
Bid Security must accompany this Bid. Security shall be made payable to City of Denton in
amount of five percent of total Bid Sum Secunty shall be by either certified check, cashier's
check, or acceptable bid bond by surety licensed to do business in Texas Enclosed with this
proposal is required bid security in Sum of
S40�10 Dollars ($ 1
Legal Address
?o. Box s28
,DST-00- TX .
1 fo2d2
Name of Firm MAP romSTR OCT k9W CoArhgmy
Organized as a (Mark one)
Proprietorship
Partnership
Corporation X
Under the law of the State Of
T&uAS
t9n
(Date)
Telephone No 4?A40
If Bid is by a corporation, affix seal above address
26 March 1998
END OF DOCUMENT
1*114I9151
CAI 97174 00
BOND PREMIUM BASED ON
FINAL CONTRACT PRICE PERFpRMANCE BOND
BOND MCUTED IN FOUR (4) ORIGINAIS Bond No 733645
STATE OF TEXAS 5
COUNTY OF DENTON
KNOW ALL MEN BY THPSE PRESENTS- That DBR CONSTRUCTION
COWANY whose address is 2301 IONKLE STREET, DENTON, TX 762029 hereinafter
Called Principal, and Capitol Indemnity
existing under the laws of the State of
State of Texas, as Surety, are held at
corporation organized and existing a
Owner, in the penal sum of ONE M1I
EIGHTY SEVEN and no/100 DOLL
penal slim as an additional sum of nu
fees, and liquidated damages arising of
lawful money of the United States, to
which sum wall and truly to be ma
adrmmstrators, successors, and assign.
Bond shall automatically be Increased
Agreement which increases the Cont
Supplemental Agreement which reduc
Bond.
rporation , a corporation organized and
$XAS, and hilly authorized to transact business in the
firmly bound unto the City of Denton, a municipal
r the laws of the State of Texas, hereinafter called
[ON SIXTY FIVE THOUSAND FIVE HUNDRED
RS ($ 1,065,587.00) plus ten percent of the stated
:y representing additional court expenses, attorneys'
if or connected with the below identified Contract, in
paid in Denton County, Texas, for the payment of
we hereby bind ourselves, our heirs, executors,
ointly and severally, firmly by these presents. This
r the amount of any Change Order or Supplemental
t price, but in no event shall a Change Order or
the Contract price decrease the penal sum of this
THE OBLIGATION TO PAY S ME is conditioned as follows: Whereas, the Principal
entered into a certain Contract, identi ed by Ordinance Number 98-107, with the City of
Denton, the Owner, dated the 21 day of RII, A.D. 1999, a copy of which is hereto attached
and apart hereof, for BID g 2184 -GENERAL CONSTRUCTION AND
RENOVATION OF THE DENTO by
CENTER AND CITY HALL —
PRO.IZCT n.
NOW, THEREFORE, if the Pri
all of the undertakings, covenants, it
accordance with the Plans, Specifieadi
thereof and any extension thereof whicl
to the Surety, and during the life of any
shall also well and truly perform and 11
and agreements of any and all duly
hereafter be made, notice of which mod
Principal shall repair and/or replace all
appear within a period of one (1) year f
the Work by the Owner, and, if the
Owner from all costs and damages whit
herein and shall fully reimburse acid rep
incur in making good any default or def
shall remain in full force and effect,
ipal shall well, truly and faithfully perform and fulfill
ns, conditions and agreements of said Contract in
s and Contract Documents during the original term
tray be granted by the Owner, with or without notice
uaranty or warranty required under this Contract, and
ill all the undertakings, covenants, terms, conditions
uthorized modifications of said Contract that may
cations to the Surety bemg hereby waived, and, if the
lefeets due to faulty materials and workmanship that
m the date of final completion and final acceptance of
incipal shall fully indemnify and save harmless the
Owner may suffer by reason of failure to so perform
Owner all outlay and expense which the Owner may
iency, then this obligation shall be void, otherwise, it
PB-1
PROVIDED FURTHER, that if qny legal action he filod upon this Bond, exclusive
venue shall lie in Denton County, State of rrexas.
AND PROVIDED FURTHER, t the said Surety, for value received, hereby
stipulates and agrees that no change, ex ion of time, alteration or addition to the terms of
the Contract, or to the Work to be orinal thereunder, or to the Plans, Specifications,
Drawings, etc., accompanying the saran, shall in anywise affect its obligation on this Bond,
and it does hereby waive nonce of any change, extension of time, alteration or addition to
the terms of the Contract, or to the rk to be performed thereunder, or to the Plans,
Specifications, Drawings, etc
This Bond is given pursuant tq the provisions of Chapter 2253 of the Texas
Government Code, as amended, and any &W applicable statutes of the State of Texas
The undersigned and designated affent is hereby designated by the Surety herein as the
Resident Agent in Denton County to w any requisite notices may be delivered and on
whom service of process may be had in rs ansutg out of such suretyship, as provided by
Article 7,19-1 of the Insurance Code, V n's Annotated Civil Statutes of the State of Texas
IN WITNESS WHEREOF, this nistruwent is executed in 4 copies, each one of which
shall be deemed an original, this the 21 d* of APRIL 1999.
ATTEST
MEN PRIME
ATTEST:
-V
I_/ i l a�t A ♦ C
a
PRINCIPAL
1l' N Y' 1N .)INC
SURETY
CAPITOL INDEMNITY CORPORATION
BY.
AT -1N- ACT
Kathy R Zachare
The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service
of the process is:
NAME Surety Bond Connection Agency, Inc
STREET ADDRESS 17774 Preston Road, Dallas, TA 75252
(NOTE. Dare of Performance Bond nupt be date of Contract if Resident Agent is not a
corpora#on, give a person Is name.)
21944MNTRACT A BONDS
4-U-N
PB-2
BOND PREMIPM BASED ON
FINAL CONTRACT PRICE PAYMENT BOND
BOND EXECUTED IN FOUR (4) ORIGINALS Bond No. 733645
STATE OF TEXAS $
COUNTY OF DENTON f
KNOW ALL MEN BY THF4E PRESENTS. That DBR CONSTRUCTION
COMPANY, whose address is 2301 HEWME STREET, DENTON, TX 76202, hereinafter
Called Principal, and Capitol Indemnity Corporation
a corporation organized and existing er the laws o the State of TEXAS, and fad y
authorized to transact business in the Sta of Texas, as Surety, are held and firmly bound unto
the C[ty,oP Denton, a municipal corporal n organized and existing under the laws of the State
of Texas, hereinafter called Owner, and unto all persons, firths, and corporations who may
fltrtiish materials for, or perform labor u n, the building or improvements hereinafter referred
to, in the penal sum of ONE MILLI N SIXTY FIVE THOUSAND FIVE HUNDRED
EIGHTY SEVEN and no/100 DO ($ 1,065,587.00) m lawful money of the United
States, to be paid in Denton, County, T , for the payment of which sum well and truly to
be made, we hereby bind ourselves, hairs, executors, administrators, successors, and
assigns, jointly and severally, fumly b these presents. This Bond shall automatically be
increased by the amount of any Change rder or Supplemental Agreement which increases the
Contract price, but m no event shall Change Order or Supplemental Agreement which
reduces the Contract price decrease the p sum of this Bond
THE OBLIGATION TO PAYS E is conditioned as follows Whereas, the Principal
entered unto a certain Contract, identifi by Ordinance Number 98-1079 with the City of
Denton, the Owner, dated the 21 day f APRIL A.D. 1998, a copy of which is hereto
attached and made a part hereof, for D N 2184 - GENERAL CONSTRUCTION AND
RENOVATION OF THE DENTON MUNICIPAL CENTER AND CITY HALL —
PROJECT H
NOW, THEREFORE, if the Pr
and ti *e prompt payment to all pera
supplying labor and/or material in the
and any and all duly authorized modi
notice of which modifications to the Su
shall be void, otherwise it shall remain
dal shall well, truly and faithfully perform its duties
firms, subcontractors, corporations and claimants
oecut►on of the Work provided for in said Contract
cons of said Contract that may hereafter be made,
being hereby expressly waived, then this obligation
nil 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, ex ion of time, alteration or addition to the terms of
the Contract, or to the Work to be pe formed thereunder, or to the Plans, Specifications,
Drawings, etc , accompanying the samel shall in anywise affect its obligation on this Bond,
and it does hereby waive notice of any at# change, extension of time, alteration or addition to
the terries of the Contract, or to the ork to be performed thereunder, or to the Plana,
Specifications, Drawings, etc,
PB-3
This Bond is given pursuant qi the provisions of Chapter 2253 of the Texas
Government Code, as amended, and any +ther applicable statutes of the State of Texas.
The undersigned and designated ent is hereby designated by the Surety herein as the
Resident Agent in beacon County tom any requisite notices may be delivered and on
whom service of process may be had in tiers arising out of such suretyship, as provided by
Article 7 19-1 of the Insurance Code, V n's Annotated Civil Statutes of the State of Texas
IN WITNESS WHEREOF, this trument is executed in 4 copies, each one of which
shall be deemed an original, this the 21 djy of AML9 IM.
ATTEST:
ATTEST:
PRINCIPAL
1:' ♦1 Y' 1 /1 I�
SURETY
CAPITOL INDEMNITY CORPORATION
BY
BY
ATM]WHY-IN ACT
Kathy R Zachar
The Resident Agent of the Surety in D)eawn County, Texas for delivery of notice and service
of the process is
NAME- 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 Person Is name.)
sM-OUNTPA T A BONDS
r-nse
PB-4
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
rq&lw INDEMNITY CORPORATION
4610 UNIVERSITY AVENUE SUITE 1400 MADISON WISCONSIN 53705 0900
PLEASE ADDRESS REPLY TO PO BOX 5900, MADISON WI 53705 0900
PHONE (606) 231 4450 FAX (60e) 231 2029
' Bond No. 733645
POWER OF ATTORNEY No 476070
BOND ROOM IN FOUR (4) ORIGINAIS
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 Attorney(s) in -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
------------ ------- ---------- NOT TO 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 facsimile
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 'I'1/t�Q�
q i
';I
ViSchulte Secretary
rgdine M
STATE OF WISCONSIN
COUNTY OF DANE
CAPITOL INDEMNITY/CORPORATION
Go a ORArE Gcor Fad Prcsidnnl
F
On the 1 % 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
�pAA�A11e11111w111Upa P;,
STATE OF WISCONSIN �yP ryA
PETER ,/✓ / i
Cs } HANS Peter E Hans
COUNTY OF DANE
Notary Public Dane Cc WI
My Commission is Permanent
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 21at day of April 1998
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[tit, poww i valid only it tho powi, of illoniey nuinbor prinl(d to (lit wlwr ngin hind , Deli , ippr Ii ,, ,i Phuin, upiu uI uw, w
othi i n+produf lion it( not binding on tho , ompany Inquirlos nn, i nmig Ihi powi r of dtuuu y m iy b, du I. d io Ih, liund M u, ,y , n -I iumi
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aNOUTA Am OF THE ASOVS OESOSam POLICIES SO CANCELLED BEFORE THE
1017RA7I014 DATE 7HEREOF THE ISSUING COMPANY WILL ENDEAVOR TO
Mal 80 DAYS WRMON NOTCE T) THE CERIIRCA7E HO,OB1 NAME) TO THE
LSPT, 6Vr FAIUSE 70 MAIL SUCH NOTICE SHALL IMPOSE NO OBUGATON O1
W AUIY OF ANY KIND UPON THE COMPANY, 118 AGOITM O7 R@RE9ITATVES
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