HomeMy WebLinkAbout1997-303ORDINANCE NO �(—A�
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD
OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS, PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING FOR AN EFFECTIVE DATE
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
2103 DBR CONSTRUCTION $193,875 00
SECTION II That the acceptance and approval of the above competitive bids shall not
constitute a contract between the City and the person submitting the bid for construction of such
public works or improvements herein accepted and approved, until such person shall comply with
all requirements specified in the Notice to Bidders including the timely execution of a written
contract and furnishing of performance and payment bonds, and insurance certificate after
notification of the award of the bid
SECTION III That the City Manager is hereby authorized to execute all necessary written
contracts for the performance of the construction of the public works or improvements in accordance
with the bids accepted and approved herein, provided that such contracts are made in accordance
with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms,
conditions, plans and specifications, standards, quantities and specified sums contained therein
SECTION iV That upon acceptance and approval of the above competitive bids and the
execution of contracts for the public works and improvements as authorized herein, the City Council
hereby authorizes the expenditure of funds in the manner and in the amount as specified in such
approved bids and authorized contracts executed pursuant thereto
SE .TION V That this ordinance shall become effective immediately upon its passage and
approval /�
PASSED AND APPROVED this the��day of _Q v�,1997
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
APPROVED AS TO LEGAL FORM
HERBER,T L PROUTY, CITY ATTORNEY
0 MV
2
k
JACK MILLER, MAYOR
/;Zty,L 144 /z�
DATE OCTOBER21, 1997
TO Mayor and Members of the City Council
FROM Kathy DuBose, Assistant City Manager of Finance
SUBJECT BID # 2103 - LOWER PEC-4 CHANNEL IMPROVEMENTS
RF.COMMR1$DATION; We recommend this bid be awarded to the single bidder, DBR Construction in
the amount of,$193,875 00 with completion by January 16, 1998
SUMMARY; This bid is for the furnishing of all materials, labor, tools and equipment necessary for the
construction of improvements to the drainage channel extending from Bradshaw Street Oust south of Prairie
Street), east aid north to the confluence with Pecan Creek This section of drainage channel is referred to as
Lower PEC-4,
The project consist of pipa barrier gates, grading, stone transition, concrete channel lining, protective fencing,
erosion controls and hydromulching of exposed areas
The project was designed by Teague Nall and Perkins under the guidance of City of Denton Staff
Bid notices were sent to 64 prospective bidders and only one response was received The Project must be
completed by January 16, 1998 or the 404 Permit required by the U S Corp of Engineers will expire
PROGRAM& DEPARTMENTS OR GROUPS AFFECTED: Citizens in the general project location
area, City of Denton Engineering Staff
FISCAL IMPACT: Funds for this project will come from the 1997-98 C I P program Project # 81084,
Pecan Creek Tributary Improvements (PEC-4)
Attachments Tabulation Sheet
Memo from David Salmon, Engineering Administrator
Letter date 9-27-97 from Teague Null & Perkins
Respectfully submitted
a Sf
at =u se
Assistant ity Manager of Finance
Approved
Name Tom 0 Shaw,
Title Purchasing Agent
944 AGENDA
BID # 2103
BID NAME LOWER PEC-4 DBR
CHANNEL IMPROVEMENTS
OPEN DATE SEPTEMEBER 25,1997
# -- QTY -_ DESCRIPTION -- VENDOR _ VENDOR
I LS BASE BID 1193,875 00
BID BOND YES
4
M E M 0
DATE September 30, 1997
TO Tom Shaw, Purchasing Agent
FROM David Salmon, Engineering Administrator
SUBJECT Bid for Lower PEC-4 Channel Improvements
Bids were opened on the above mentioned project on September 25,
1997 DER Construction was the only bidder Their bid was
$193,875 00
This project was designed for the City by Teague, Nall and
Perkins Consulting Engineers They estimated the project would
cost $196,909 which is within 1 5k of the bid (letter from
Teague, Nall and Perkins attached) As explained in their
letter, the City has a short time frame to complete this project
due to the expiration of the 404 permit required by the U S
Corps of Engineers We have spoken with the contractor and it is
his intention to complete the project by the January 16, 1998
deadline barring unforeseen, uncontrollable circumstances
DBR Construction has performed many similar projects for the City
of Denton in the past with satisfactory results
Jerry and I both concur with the consultant that
be awarded to DER Construction Please schedule
October 21st City Council meeting
av d 5a on, E
AEE00936
this bid should
this bid for the
5
TEAGUE NALL AND PERKINS
C 0 N S U L 7 I N 0 a N 0 1 N P C a a
Sept. 29, 1997
Mr Jerry Clark, P E.
Director of Engiaeering and Transportation Dept
City of Denton
City Hell West
221 N. Elm St.
Denton, TX 76201
RE: Lower PEC4 Constr. Cost F,stiiiMe
TNP No DEN97125
Dear Jerry.
Attached please find our revised Opinion of Probable Cost, which reflects better unit price data
from several independent sources. I have compared it to the bid prices submitted by DHR
Construction As you can see, the bid price submitted looks reasonable I would normally not
use a 14% contingency at this stage of the project, but given the generally heavy work load of
most contractors, and the tight constnietton schedule required, I did not feel comfortable in
quantifying these fhetors is any other way.
As you are aware, timely completion of this project is essential under the terms of the Corps of
Engmeers 404 Permit. In the General Provisions of the bid documents, page (1-2. the tune
allotted for construction is addressed. I suggest that you meet with the contractor and ensure that
he will Ohm to the completion date shown therein. which is January 16, 1998 This deadline
must take precedence over the working days submitted in the contractor's bid
While we would obviously preferred additional bidders, I feel that the reasonable bid price and
the tight 'schedule required do riot justify bidding the project again
Feel free to call If you have any questions, or if you need further informanon
Sincerely.
TEAGUE NALL AND 1 INC.
C:�;;2c 1�7 lam.
GLV gv Gary L. Vickery, P E No 72626
91 E FLORSNCE STREET
200, w IRVR10 Ewa
PORT WORTH TEXAS 70102
IRVM TEXAS 7E061
1617) 38E•E773
PAX 48171 336 2813
19721254178E
MEM 19721251 1027
PAX 1972) 2E1.4848
5
6
7
10
11
OPINION OF PROBABLE COST
City of Denton
Lower PEC-4 Channel Improvements
PACE. 1 of 1
DATE. 9/24/97
rrepanng reign[ m-way
1
LS
13,200 00
13200
Und. Channel Excavation
27300
CY
4 W
109200
Embankment
10000
EA
1.25
12600
Concrete Access Ramp
1
LS
8,00000
8000
Flemble Base (Crashed Stone)
70
SY
7,50
525
Pipe Barrier Gate
1
LS
800.00
Boo
Erosion Controls
1
LS
1,60000
1500
Hy0romulch
32000
LS
0.50
16000
Remove Existing Sanitary Sawer
1
LS
3,000.00
3000
Contractor's Warranties B Understandings
1
LS
5,500.00
5500
Barricades, Detours 8, Warning Signs
1
LS
1,000 00
10001
CONTRACT AGREEMENT
STATE OF TEXAS S
COUNTY OF DENTON §
THIS AGREEMENT, made and entered into this 21 day of
OCTOBER A.D., 19 97 , by and between
THE 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
DBR CONSTRUCTION
2301 HINKLE DR
DENTON, TX 76201
of the City of DENTON , County of
DENTON
and State of TEXAS hereinafter
termed "CONTRACTOR."
WITNESSETH: That for and in consideration of the payments and
agreements hereinafter mentioned, to be made and performed by
OWNER, and under the conditions expressed in the bonds attached
hereto, CONTRACTOR hereby agrees with OWNER to commence and
complete performance of the work specified below:
BID # 2103 - LOWER PEC-4 CHANNEL IMPROVEMENTS
in the amount of $193,875.00 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 ENGINEERING DEPARTMENT
all of which are made a part hereof and collectively evidence and
constitute the entire contract.
It is mutually understood and agreed by and between City and
Contractor that Contractor is an independent contractor and shall
not be deemed to be or considered an employee of the City of
Denton, Texas, for the purposes of income tax, withholding, social
security taxes, vacation or sick leave benefits, workerfs
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.
-m _
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.
ATTEST:
{� N Iq K
APPROVED AS TO FORM:
A
City Attorney
AAA0184D
Rev. 04/05/96
CITY OF DENTON
OWNER_
By -
(SEAL)
DBR CONSTRUCTION
CONTRACTOR
%6.z IJ.Z
MAILING ADDRESS
'PHONE NUMBER
CA - 3
PAXAX
BY
L
PRINTED NAME
(SEAL)
WORK DAYS
BID NO
PO NO
1
I
U
i
i
BID TABULATION SHEET
DESCRIPTION
2UAMM UNIT UNIT PRICE
TOTAL
rMM
B-1
Preparing Right -of -Way
1 L.S. $ 23,000 / 00
$ 23,000.0
Unit Price in Words
B-2
Unclassified Channel
Excavation
27,300
C.Y
$ 3 / 50
$ 95,550 0
Unit Price in Words.
Three Dollars and Fifty Cents*
B-3 Embankment
10,000
Cy.
$ 3 / 00 $ 30 , 000 . o
Unit Price in Words
B-4 Concrete Access Ramp
1
L S
$ / $ 6.000 0
Unit Price to Words:
Six Thousand Dollars*
B-5 I
Flexible Base Crushed Stone
70
S Y
$ 10 / 00
$ 700 0
Unit Price in Words,
Ten Dollars*
B-6 I
Pipe Barrier Gate
1
L S
$ 1, 000 / 00
$ 1, o00 . o
Unit Price in Words
One Thousand Dollars*
B-7
Erosion Controls
1
L.S. 1
$ 500 / 00
$ 500 0
Unit Price in Words
*
B-8
H dromulch
32 000 S Y $ / so $ 16,000.0
Unit Price in Words-
Fiftv Cents*
Remove Existing Abandoned
SanitarySewer
1
LS
$ 3,000/00
$ 3,000.0
Unit Price m Words
FB-
Three Thousand Dollars*
Contractor's Warranties and
nderstandin s
1
L S
$ 17 , 625 / 00
$ 17 ,625.0
Unit Price in Words.
Seventeen Thousand Six Hundred Twenty Five Do
B-11
Barricades, Detours and
Warning Signs
1
L.S 1
$ 500 / oo
$ 500 0
Unit Price in Words.
Five Hundred Dollars*
TOTAL BASE BID
TOTAL WORKING DAYS
$ 193 , 875.00**
90 Days
P-3
BID SUMMARY
TOTAL BID PRICE IN WORDS
BASE BID *One Hundred Ninety Three Thousand Eight Hundred Seventy Five Dollars*
ALTERNATE No 1 ,.one
ALTERNATE No 2
none
In the event of the award of a contract to the undersigned, the undersigned will furnish a
performance bond and a payment bond for the full amount of the contract, to secure proper
compliance with the tetras and provisions of the contract, to insure and guarantee the work
until final completion and acceptance, and to guarantee payment for all lawful claim for labor
performed and materials furnished in the fulfillment of the contract
It is understood that the work proposed to be done shall be accepted, when fully completed
and fuushed in accordance with the plans and specifications, to the satisfaction of the
Engineer
The undersigned certifies that the bid pries contained in this proposal have been carefully
checked and are submitted as correct and final.
Unit and lump -sum prices as shown for each item listed in this proposal, shall control over
extensions
DBR Construction Company Company,Inc
iCONTRACT R
BY Don Richards / President
i2301 Hinkle Dr.
Street Address
iDenton,TX 76201
I
City and State
Seal & Authorization
(If a Corporation)
Telephone
940/383-3007
I B-1
L,0'410 PREMIUM BASED ON
FINAL CONTRACT PRICE
THE STATE OF TEXAS
COUNTY OF DENTON
BOND NO 729559
BOND EXECUTED IN FOUR (4) ORIGINALS
KNOW ALL MEN BY THESE PRE89NTS That DBR CONSTRUCTION, whose
address, is 2301 HMKLE DR,, DENTON, TX 76201, hereinafter called Principal, and
Capitol Indemnity Corporation, a corporation organized and existing under the laws of the
State of TEXAS, and fully authorized to transact business in the State of Texas, as Surety, are held
and firmly bound unto the City of Denton, a municipal corporation organized and existing under the
laws of ithe State of Texas, hereinafter called Owner, In the penal sum of
ONE HUNDRED NINETY THREE THOUSAND EIGHT HUNDRED SEVENTY FIVE and
no/100 — ($193,875.00) 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 con-
nected 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 asstgns, Jointly and severally, firmly by these
presents This Bond shall automatically be increased by the amount of any Change Order or
Supplemental Agreement which mcresses 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 97-303, with the CIty of Denton,
the Owner, dated the 21 day of October A D JIM, a copy of which is hereto attached and made a
part hereof, for BID # 2103 — LOWER PEC4 CHANNEL IMPROVEMENT.
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill all
ofthe 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 lilt the undertakings, covenants, terms, conditions and agreements of any and all duly
authorised modifications of said Contract that may hereafter be made, notice of which modifications
to the Surety being hereby waived, and, if the Principal "I 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 My reimburse and repay Owner all outlay and
expense which the Owner may incur in making good any default or deficiency, then this obligation
shall bei void, otherwise, it shall remain in full force and effect
PROVIDED FURTHER, that if any legal action be filed upon this Bond, exclusive venue
shall lie in Denton County, State of Texas.
PERFORMANCE BOND - Page 1
90 d 04HL98941e=a1 ANVdW00 Noimon.LBNOO MHO FV 91 !H-tr-Ot
AND PROVIDED FURTHER, teat the said Surety, for value received, hereby stipulates and
agrees that no change, extension of tune, alteration or addition to the terms of the Contract, or 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 hi DALLAS County to whom any requisite notices may be delivered and on whom
service of process may be had in matters ansuig out of such suretyship, as provided by Article 719-1
of the Insurance Code, Vernotes 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 21 day of OCTOBEI; 1IM.
ATTEST:
M.-JOSAIN V, WTE
r
ATTEST.
PRINCIPAL
DBR Construction C ny, Inc
BY11�
SIDF:NT / Don Richards
SURETY
Capitol Indemnity Corporation
BY A7 R-MR�i
NEY -FACT
Kathy R Zacharek
The Resident Agent of the Surety innalCounty, Texas for delivery of notice and service of the
processis:
NAME: V R Damiano, Jr
STREET ADDRESS.17774 Preston Road, Dallas, TX 75252
(NOTE Date of Performance Bond must be date of Contract If Resident Agent is not a
corporation, give a persons name )
PERFORMANCE BOND - Page 2
90 d 0496989410=0I ANVdWn9 N0ii')njsNo7 mna bb 91 16-1F-ol
BOND PREMIUM BASED ON
FINAL CONTRACT PRICE
THE STATE OF TEXAS
COUNTY OF DENTON
BOND NO 729559
BOND EXECUTED IN FOUR (4) ORIGINALS
KNOW ALL MEN BY THESE PRESENTS. That DBR CONSTRUCTION, whose
address is 2301 H,INKLE, DENTON, TX 76201, hereinafter called Principal, and
Capitol Indemnity Corporation, a corporation organized and existing under the laws of the
State of TEXAS, and billy 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 NINETY THREE THOUSAND EIGHT
EMNDRED SEVENTY FIVE and no/100-- ($193,875 00) in lawful money of the United States,
to be paid in Denton County, Texas, for the payment of which sum well and truly to be made, we
hereby bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and
severally, firmly by these presents. This Bond shall automatically be increased by the amount of any
Change Order or Supplemental Agreement which Increases the Contract price, but in no event shall
a Change Order or Supplemental Agreement which reduces the Contract price decrease the penal
sum of this Bond
THE OBLIGATION TO PAY SAME is eondiuoned as follows Whereas, the Principal
entered into a certain Contract, identified by Ordinance Number 97-303, with the City of Denton,
the Owner, dated the 21 day of October, A D 1997, a copy of which is hereto attached and made
a part hereof, for BID # 2103 -- LOWER PEC-4 CHANNEL IMPROVEMENT.
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties and
make prompt payment to all persons, firms, subcontractors, corporations and rAmmants supplying
labor and/or material in the prosecution of the Work provided for to 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
he 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
110 d 0197995L 16=aI ANVdWO`) N0iS9079N00 N9(1 bb 91 !0-lr 01
This Bond is given pursuant to the provisions of Chapter 2253 of the Texas t:30vernment
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' DALLAS County to whom any requisite notices maybe 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 21 day of October, 1997.
ATTEST:
ATTEST
BY 4
PRINCIPAL
DBR Construction Company, Inc
_ i �.ATjDonZRichard2
�
PRE
SURETY
Qapitol Indemnity Corporation
BY
ATT N Y-IA •ACT
Kathy R Zacharek
The Resident Agent of the Surety in lti County, Texas for delivery of nonce and service of the
process is.
NAME: V.R. Damiano Jr.
STREET ADDRESS. 17774 Preston Road, Dallas, Texas 75252
(NOTE Date of Payment Bond must be date of Contract If Resident Agent is not a
corporation, 91 Ve a peraon's name)
PAYMENT BOND - Page 2
60 d 049L995L19=01 ANVdWO1 NOiiin.L9N09 An❑ 9b 91 IS-IF-01
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
INDEMNITY CORPORATION
4610 UNIVERSITY AVENUE SUITE 1400 MADISON WISCONSIN 537050900
PLEASE ADDRESS REPLY TO P O BOX 5900 MADISON WI 53705 0900
PHONE (608) 231 4450 FAX (608) 231 2029
POWER OF ATTORNEY No 455942
Kall men by thefile P1ill"tllt8, That the CAPITOL INDEMNITY CORPORATION, acorporation
of the State of Wist4ons n3 having its principal offices in the City of Madison, Wisconsin, does make, constitute and appoint
_.•.............. » Vr ktPAMIANO, atR+,a JAWS V. DAMIANO, CANDACE DAMIANO-
.............. +I A`hFIiY'X ZACHAPSKo �t H ZACHAREK, SHERRI L SCHRAER------
s true and lawful Att{a rtey.�dn-faal, to mat a� execute, seal"and deliver for and on its behalf, as surety, and as its act
and deed, any and al ` o� tattdertakinos an Contracts of suretyship, provided that no bond or undertaking or contract
of suretyship exact tpluoniger this authority sh l iiaxesed in amount the sum of
•................p.« _� .,, . �:«„ , ..t NCIT 10 EXCUID ,P,000,000 00 ...... _..... .............. ......... ,......
This Power bf Attorrfi�v�;brantsd-and is >�lgned nds4aled by facsimile under and by the authority of the following
Resolution adopted b1`� the Gard of Doeotors of, OA;#OLJNDEMNITY CORPORATION at a meeting duly called and
held on the 5th dayfof Nlay i1960
'RESOLVED,4lllot the Pres{dfn6and Vice PreSidpngthewssorptaryorTreasurer,acting individually orotherwise be and the hereby are granted
the power and author it to`dopolltt by a€Power of A to py for the purposes only of executing and attesting bonds and undaris inga and other
writings obligatory in tit@ nature tffareof, one or mere raslrnt vigp•propidsinte, assistant secrerta fes and attomey(s) In fact each appointee to have
the ggwere and dutlos usual to, e?Oh cfflcss to theiousineep of tills mp the signature of such officers and seal of the Company may be affixed
to any such power of rnoy or,torvy cenfficial"lating thereto ypfacslr 'o and any such power of attorney or certificate bearing such facsimile
signatures or facsimile spal'shall b6 vyalid and binding upogsthtrCoin any, and any such power so executed and certified by facsimile signatures and
faosimee seal shall bs slid and binpling upon the+Company In the,fpture with respect to any bend or undertaking or other wring obligatory in the
nature thereof to It IB a@anhscf'Any$tich agpQintmemt 1y'ba revokedp4er cause or without cause by any of said oHwers, at arty time
IN WITN U1t EF(SrP, the CAYPtTL i I�tIAt�ITY CbRPORA710N has caused these presents to be signed by
its officer undersEiSgtind lt; ddrpoxrate sealto �refr afflxstt duly attested by Its Secretary, than 1st day of June, 1993
r� CAPITOL INDEMNITY CORPORATION
Attest
+ x+ s
, + S �.•� ,° t1Ull�di
�oEMMrr�c� O
4 ` it .Y 5p «1 0
Isgilins M Schulte, Secretary +i co Sim Ara Gact Fait, President
STATE OF WISCg4SIN ,r,
Wi lot g
� d Iflll
COUNTY OF DAgi'
On the list of ,Tune, A 1) , 1993, before me personalty came George A Fait, to me known, who befng by me duly
sworn, did depos sand sal that he resides in tits Crrunty of Dane, State of Wisconsin, that he is the President of
CAPITOL INDEM CO PORATION, the o�f� oration described in and which executed the above instrument, that
he knows the Seale the Id cor�zoratlon that01,seai affixed to said instrument is such corporate seal, that it was so
affixed by order of the Board of Directors of said corporatfon and that he signed his name thereto by like order
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STATE OF WISCONSIN
COUNTY OF DAN + rnwa * Notary Public, Dane Cc, WI
i "tl+a YPWa`` My Commission Is Permanent
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CERTIFICATE
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I, the undersigned, dyl elected to the.offlcesstate below, now the incumbent In CAPITOL INDEMNITY
CORPORATION, wisaon,%Ot Corporatlon, authon;ed to make this certificate, DO HEREBY CERTIFY that the foregoing
attached Power of Attorney rgmains in full force and has note been revoked, and furthermore that the Resolution of the
Board of Directors,lset forth ttt�the Power of Attorney is now in force
Signed and se tfsd at the City of Madison, Dated the 21ST day of OCTOBER 1997
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SS eitAL+, $ ea!li Bra er, Treasurer
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This power is visli�l-trnl` if the power at attorney numCE@ir[nled in the upper right hand comer appears in red Photocopies canton copies or
other reptodugtipns gr 'gis rldin op the4ampanyir,nquillss eonasming this power of attorney may be directed to the Bond Manager at the Home
Office of the Capitol in pin cor Oration ,,h <
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CITY OF DENTON
INSURANCE REQUIREMENTS FOR CONTRACTORS
Bidder's attention is directed to the insurance requirements below. It is highly
recommended that bidders confer with their respective insurance carriers or brokers
to determine In advance of Bid submission the availability of insurance certificates and
endorsements as prescribed and provided herein. If an apparent low bidder fails to
comply strictly with the Insurance requirements, that bidder may be disqualified from
award of the contract Upon bid award, all Insurance requirements shall become
contractual obligations which the successful bidder shall have a duty to maintain
throughout the course of this contract.
STANDARD PROVISIONS:
Without limiting any of the other obligations or liabilities of the Contractor, the
Contractor shall provide and maintain until the contracted work has been completed
and accepted by the City of Denton, Owner, the minimum insurance coverage as
Indicated hereinafter
As soon as practicable after notification of bid award, Contractor shall file with the
Purchasing Department satisfactory certificates of insurance, containing the bid
number and title of the project. Contractor may, upon written request to the
Purchasing Department, ask for clarification of any insurance requirements at any
time, however, Contractors are strongly advised to make such requests prior to bid
opening, since the insurance requirements may not be modified or waived after bid
opening unless a written exception has been submitted with the bid Contractor shall
not commence any work or deliver any material until he or she receives notification
that the contract has been accepted, approved, and signed by the City of Denton
All insurance policies proposed or obtained in satisfaction of these requirements shall
comply with the following general specifications, and shall be maintained in
compliance with these general specifications throughout the duration of the Contract,
or longer, if so noted:
• Each policy shall be issued by a company authorized to do business in the
State of Texas with an A M Best Company rating of at least "A"
• Any deductibles or self -insured retentions shall be declared in the bid
proposal. If requested by the City, the insurer shall reduce or eliminate
such deductibles or self -insured retentions with respect to the City, its
AAA00350
REVISED 10/12/04 CI - 1
Insurance Requirements
Page 2
officials, agents, employees and volunteers, or, the contractor shall procure
a bond guaranteeing payment of losses and related Investigations, claim
administration and defense expenses.
• Liability policies shall be endorsed to provide the following
•• Name as additional Insured the City of Denton, Its Officials, Agents,
Employees and volunteers.
• • That such insurance is primary to any other insurance available to the
additional Insured with respect to claims covered under the policy and
that this Insurance applies separately to each Insured against whom
claim is made or suit is brought. The Inclusion of more than one
Insured shall not operate to Increase the insurer's limit of liability.
• All policies shall be endorsed to provide thirty(30) days prior written notice
of cancellation, non -renewal or reduction in coverage.
• Should any of the required insurance be provided under a claims -made
form, Contractor shall maintain such coverage continuously throughout the
term of this contract and, without lapse, for a period of three years beyond
the contract expiration, such that occurrences arising during the contract
term which give rise to claims made after expiration of the contract shall
be covered.
• Should any of the required insurance be provided under a form 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.
AAA00360
REVISED 10/12/94 Cl - 2
Insurance Requirements
Page 3
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS:
All insurance policies proposed or obtained in satisfaction of this Contract shall
additionally comply with the following marked specifications, and shall be maintained
in compliance with these additional specifications throughout the duration of the
Contract, or longer, If so noted:
N A. General Liability Insurance:
General Liability insurance with combined single limits of not less than
s1 nnn nnn 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 liability and broad form
property damage liability.
AAA00380
REVISED 10/12/94 CI - 3
Insurance Requirements
Page 4
Ixl Automobile Liability Insurance:
Contractor shall provide Commercial Automobile Liability Insurance with
Combined Single Limits (CSL) of not less than $1,000,000 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
e all owned, hired and non -owned autos.
I)d 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
AAM0360
REVISED 10/12/94 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 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 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 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
[ I 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 10/12/94 Cl - 5
Insurance Requirements
Page 6
ATTACHMENT
[x] 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.
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
AAA00350
REVISED 10112/94 Cl - 6
Insurance Requirements
Page 7
C The Contractor must provide a certificate of coverage to the governmental
entity prior to being awarded the contract
D If the coverage period shown on the contractor's current certificate of
coverage ends during the duration of the project, the contractor must, prior
to the end of the coverage period, file a new certificate of coverage with
the governmental entity showing that coverage has been extended.
E The contractor shall obtain from each person providing services on a
project, and provide to the governmental entity.
(1) a certificate of coverage, prior to that person beginning work on the
project, so the governmental entity will have on file certificates of
coverage showing coverage for all persons providing services on the
project; and
(2) no later than seven days after receipt by the contractor, a new
certificate of coverage showing extension of coverage, if the coverage
period shown on the current certificate of coverage ends during the
duration of the project.
F The contractor shall retain all required certificates of coverage for the
duration of the project and for one year thereafter
G The contractor shall notify the governmental entity In writing by certified
mail or personal delivery, within 10 days after the contractor knew or
should have known, of any change that materially affects the provision of
coverage of any person providing services on the project
H The contractor shall post on each project site a notice, In the text, form and
manner prescribed by the Texas Workers' Compensation Commission,
Informing all persons providing services on the project that they are
required to be covered, and stating how a person may verify coverage and
report lack of coverage.
AAA00350
REVISED 10/12/94 Cl - 7
Insurance Requirements
Page 8
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 10/12/04 CI - 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 entities 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.
AAAM350
REVISED 10/12/94 C'i - 9