HomeMy WebLinkAbout1993-036ORDINANCE NO. 3-036
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 com-
petitive 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 receiv-
ed and recommended that the herein described bids are the lowest
responsible bids for the construction of the public works or im-
provements 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 con-
struction 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 be-
ing the lowest responsible bids:
BID NUMBER CONTRACTOR AMOUNT
1465 DBR CONSTRUCTION CO., INC. $ 83,195.00
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, 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 Propos-
als, and documents relating thereto specifying the terms, condi-
tions, plans and specifications, standards, quantities and speci-
fied 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 here-
by 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 im-
mediately upon its passage and approval.
PASSED AND APPROVED this the �edday of 1993.
/OMdLo.'.
BOB CASTLEBERRY, MAYOA
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY*
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
M__ �a M
DATE: MARCH 2, 1993
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: BID # 1465 - ALEXANDER STREET DRAINAGE PHASE II
RECOMMENDATION: We recommend this bid be awarded to the lowest bidder, DBR
Construction Company, Inc. in the amount of $83,195.00 with completion in 50 total
work days.
SUMMARY: This bid is for the construction of additional storm drainage facilities in
the Alexander Street area. The bid includes the installation of approximately 650
feet of 27" - 36" pipe and all associated excavation activities. The base bid price is
$ 63, 397.00. An additional $19, 798.00 is included in the bid award for the alternate
concrete over -flow swale.
The amount of $97,300.00 had originally been budgeted for this project.
BACKGROUND: Tabulation sheet.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: City of Denton Drainage
Program. Engineering Department, Community Development Division.
FISCAL IMPACT: This project will be funded by HUD Community Development Block
Grant Funds Account #219-057-CD79-8502.
pectfully mitte
Lloyd V . Harrell
City Manager
Approved:
Name: Tom D. Shaw, C.P.M.
Title: Purchasing Agent
agenda.368
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CONTRACT AGREEMENT
STATE OF TEXAS § '` : 1`;*,•• ___ -= _
COUNTY OF DLIM14 §
11'114uyr ,`
r Yd.•..
�ywd
THIS AGREEMENT, made and entered into this 2 day of
MARCH A.D., 19 93 , by and between
THE CITY OF DENTON
of the County of DENTON and State of Texas, acting
through LLOYD V. HARRELL
thereunto duly authorized so to do, hereinafter termed "OWNER," and
_DBR-CONSTRUCTIO�ANY, INC. P.O. BOX 828, 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 bearing even
date herewith, CONTRACTOR hereby agrees with OWNER to commence and
complete performance of the work specified below:
BID # 1465 - ALEXANDER STREET DRAINAGE PHASE II in the amount of $ 83,195.00
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
CA - 1
all maps, plats, blueprints, and other drawings and printed or
written explanatory matter thereof, and the Specifications
therefore, as prepared by CITY OF DENTON ENGINEERING STAFF
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 claims 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.
ATTEST:
APPROVED AS TO FORM:
City Attor y
CA - 3
CITY OF DENTON
k br1alj)
(SEAL)
•
PREJMIIUM BASED ON
FINAL CONTRACT PRICE PERFORMANCE BOND
STATE OF TEXAS )(
COUNTY OF DENTON )(
REPLACEMENT BOND
BOND NO. 896443-93
KNOW ALL MEN BY THESE PRESENTS: That DBR Construction
Company Inc. , of the City of Denton
County of Denton , and State of Texas
as PRINCIPAL, and International Fidelity Insurance Company, P.O. Box 56,
Newark, New Jersey 07101-0056 , as SURETY, authorized under the laws of
the State of Texas to act as surety on bonds for principals, are held and firmly
bound unto the City of Denton
as OWNER, in the penal sum Of Eighty -Three Thn sand One Hundred Ninety. -Five and nn/100
---------------------Dollars (9 83,195.00----I for the payment whereof, the said
Principal and Surety bind themselves and their heirs, administrators, executors,
successors and assigns, jointly and severally, by these presents:
WHEREAS, the Principal has entered into a certain written contract
with the OWNER, dated the %n,, day of Marrh , 19__q2., for the construction of
Bid #1465 - Alexander Street Drainage Plase II in the amount of $83,195.00
which contract is hereby referred to and made a dpart hereof as fully and to the
same extent as if copied at length herein.
NOW, THEREFORE, the condition of this obligation is such, that if the
said principal shall faithfully perform said Contract and shall in all respects,
conditions and agreements in and by said contract agreed and covenanted by the
Principal to be observed and performed, and according to the true intent and
meaning of said Contract and the Plans and Specifications hereto annexed, then this
obligation shall be void: otherwise to remain in full force and effect;
PB-1
PROVIDED, HOWEVER, that this bond is executed pursuant to the
provisions of Article 5160 of the Revised Civil Statutes of Texas as amended by
acts of the 72nd Legislature, Regular Session, 1991, and all liabilities on this
bond shall be determined in accordance with the provisions of said Article to the
same extent as if it were copied at length herein.
PROVIDED FURTHER, that if any legal action be filed upon this bond,
venue shall lie in Denton County, State of Texas.
Surety, for value received, 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 the plans, specifications, or drawings 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.
IN WITNESS WHEREOF, the said Principal and Surety have signed and
sealed this instrument this 8th day of March , 19 93.
DBR Construction Coffnany. Tnc.
Principal
By
Tit
Tnternatinnal Finality TnRnranne COrrpany
Surety
i LZIC
V.R. Damian, Jr.
Title Attnrnav-in-Fant
Address P.O. Box 56
Denton, Texas 76202 Nawark- NPW jprsCPy L-LI01-0056
(SEAL) (SEAL)
The name and address of the Resident Agent of Surety is:
V.R. Damiano, Jr.
17774 Preston Road, Dallas, Texas 75252
NOTE: Date of Bond must not be prior to date of Contract.
PB-2
0091b
PAWIENT BOND
REPLACEMENT BOND
STATE OF TEXAS )(
BOND NO. 896443-93
COUNTY OF DENTON )(
KNOW ALL MEN BY THESE PRESENTS: That DBR Construction
Company, Inc. of the City of Denton
County of Denton and State of Texas as principal, and
International Fidelity Insurance Company, P.O. Box 56, Newark, New Jersey 07101-0056
authorized under the laws of the State of Texas to act as surety on bonds for
principals, are held and firmly hound unto The City of Denton
OWNER, in the penal sum of Eighty -Three Thousand One
Hundred Ninety -Five and no/100------------------------ Dollars ($83,195.00------ )
for the payment whereof, the said Principal and Surety bind themselves and their
heirs, administrators, executors, successors and assigns, jointly and severally, by
thes presents:
WHEREAS, the Principal has
with the Owner, dated the 2nd day of
entered into a certain written contract
1993
to which contract is hereby referred to and made a part hereof as fully and to the
same extent as if copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the
said Principal shall pay all claimants supplying labor and material to him or a
subcontractor in the prosection of the work provided for in said contract, then
this obligation shall be void, otherwise to remain in full force and effect;
PROVIDED, HOWEVER, that this bond is executed pursuant to the
provisions of Article 5160 of the revised Civil Statutes of Texas as amended by the
acts of the 72nd Legislature, Regular Session, 1991, and all liabilities on this
bond shall be determined in accordance with the provisions of said Article to the
same extent as if it were copied at length herein.
PB-3
Surety, for value received, 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 the plans, specifications or drawings 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.
IN WITHNESS WHEREOF, the said Principal and Surety have signed and
sealed this instrument this gth day of March , 19 93 .
DBR Construction Company, Inc.
Principal /7
By
Title
Address P_n_ Rnx 828
Denton, Texas 76202
International Fidelity Insurance Company
Surety
V.R. Damian, Jr.
Title Attorney -in -Fact
Address P.O. Box 56
Newark, New Jersey 07101-0056
(SEAL) (SEAL)
The name and address of the Resident Agent of Surety is:
V.R. Damiano, Jr.
17774 Preston Road, Dallas, Texas 75252
PB-4
0092b
MAINTENANCE BOND
BOND # 896443-93
THE STATE OF TEXAS
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS: That DBR CONSTRUCTION COMPANY
as Principal, and International Fidelity Insurance Company
a corporation authorized to do business in the State of Texas, as
Surety, do hereby acknowledge themselves to be held and bound to
pay unto the City of Denton, a Municipal Corporation of the State
of Texas, its successors and assigns, at Denton, Denton County,
Texas, the sum of EIGHT THOUSAND THREE HUNDRED NINETEEN AND 50/100----
Dollars ($--8.319.50-----}, ten (10%) percent of the total amount of
the contract for the payment of which sum said principal and surety
do hereby bind themselves, their successors and assigns, jointly
and severally.
This obligation is conditioned, however, that:
WHEREAS, said DBR CONSTRUCTION COMPANY INC.
has this day entered into a written contract with the said City
of Denton to build and construct BID # 1465 - ALEXANDER STREET DRAINAGE
PHASE II
which contract and the plans and specifications therein mentioned,
adopted by the City of Denton, are filed with the City Secretary of
said City and are hereby expressly incorporated herein by reference
and made a part hereof as though the same were written and set out
in full herein, and;
WHEREAS, under the said plans, specifications, and contract,
it is provided that the Contractor will maintain and keep in good
repair the work therein contracted to be done and performed for a
period of one (1) year from the date of acceptance thereof and do
all necessary backfilling that may become necessary in connection
therewith and do all necessary work toward the repair of any
defective condition growing out of or arising from the improper
construction of the improvements contemplated by said contractor on
constructing the same or on account of improper excavation or
backfilling, it being understood that the purpose of this section
is to cover all defective conditions arising by reason of defective
materials, work, or labor performed by said Contractor, and in case
the said Contractor shall fail to repair, reconstruct or maintain
said improvements it is agreed that the City may do said work in
accordance with said contract and supply such materials and charge
the same against the said Contractor and its surety on this
obligation, and said Contractor and surety shall be subject to the
damages in said contract for Each day's failure on the part of said
Contractor to comply with the terms and provisions of said contract
and this bond.
NOW, THEREFORE, if the said Contractor shall perform its
agreement to maintain said construction and keep same in repair for
the maintenance period of one (1) year, as herein and said contract
provided, then these presents shall be null and void and have no
further effect; otherwise, to remain in full force and effect.
It is further agreed that this obligation shall be a
continuing one against the Principal and Surety and that successive
recoveries may be had hereon for successive breaches of the
conditions herein provided until the full amount of this bond shall
have been exhausted, and it is further understood that the
obligation to maintain said work shall continue throughout said
maintenance period, and the same shall not be changed, diminished,
or in any manner affected from any cause during said time.
IN WITNESS WHEREOF, the said DBR Construction Company, Inc.
as Contractor and Principal, has caused these presents to be
executed by Donald B. Richards
and the said International Fidelity Insurance Comoanv
as surety, has caused these presents to be executed by its
Attorney -in -Fact Cheryl L. Humphrey
and the said Attorney -in -Fact has hereunto set his hand this 8th
day of March , 19 93
SURETY:
International Fidelity Insurance Co.
BY: yam
Cheryl L. umphrey
Attorney -in -Fact
MB - 2
PRINCIPAL:
i
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 1(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.
BID NO. 1465
Alexander Street Drainage - Phase II PO NO.
' (Base Bid)
BID TABULATION SHEET
ITEM
DESCRIPTION
QUANTITY
UNIT
UNIT PRICE
TOTAL
2.12.3-A
27" RCP Class III
48
LF
S /LF
$
2.12.3-B
30" RCP Class III
263
LF
$ /LF
$
2.12.24
36" Polyethylene Smooth
330
LF
$ /LF
$
Lined Corrugated Stm Swr
/'. re,
SP-44
Remove 30" RCP
30
LF
$ /LF
$
f
c�'
l
7.6.A-1
Rebuild 5' x 8' Junction
1
EA
$ a/EA
$
Box
'���/',({ -
L'r r r
7.6.A-2
5' x 8' Junction Box and
1
EA
$ ,°/EA
$
Cover
Z G't!.
��, r .'
3-A
Remove Concrete Riprap
40
BY
$ /SY
$
!
8.15
Concrete Riprap
44
BY
$ /BY
$
// fl. !' S
7.6.A-3
6' Curb Inlet (Special)
1
EA
/EA
$
7.6.A-4
10' Curb Inlet (Special)
1
EA
$ re/EA
$
2.11.5
Inlet Frame and Cover
2
EA
$ /EA
$
3-B
Remove Curb and Gutter
103
LF
$ /LF
$
8.2-A
Concrete Curb and Gutter
44
.LF
S /LF
$
3-c
Remove Concrete Driveway
45
BY
$ /BY
S .
8.3-B
6" Concrete Driveway
58
SY
$ /BY
$
SP-15.8
Adjust Manhole
1
EA-
$ /EA
$
..
,&." C'O
Per, F r
SP-2
Concrete Saw Cut
82
LF
/LF
$
>C
// !r
5.7-A
2" Asphalt (Type A)
503
SY
S /By
�L�
!
$
.5% 5 :',
5.7-B
4 h" Asphalt (Type A)
470
BY
$ /BY
$
k. of,
. .
5.7-C
1 h" Asphalt (Type D)
470
SY
$ /BY
S
4.6-B
Lime Subgrade Prep.
516
SY
S /BY
$
3. ,
lxx e r
4.6-A
Hydrated Lime Slurrey
r m....e a
7
TON
$ <C /TN
�O/?
$
%CE. F L
P — 3
i
Alexander Street Drainaoe - Phase II
I. (Base Bid)
WORK DAYS 35
BID NO. 65
PO NO.
WORK DAYS
I
BID TABULATION SHEET
ITEM
DESCRIPTION
QUANTITY
UNIT
UNIT PRICE
TOTAL
SP-4
Lower Water Line
1
EA
$ C/EA
,ZGff, -
$
lr!•rr
SP-49
Sprinkler System Adjust.
-
LS
$ /LS
�'('lY'
$
•,5"lf.F�•
2.12.E
6" Ductile Iron Sewer
36
LF
$ /LF
$
SP-37
Excavation Protection
263
LF
$ /LF
$
3.10.7•
Hydromulch
1,100
SY
$• /BY
S
1.21
Contractors Warranties
and Understandings
-
LS
$ /LS
�..5 %�, /!
$
�, .. f
3.1
Preparation of Right -of-
-
LS
$ /LS
S
SP-10
Rock Excavation
20
CY
$ /CY
.S,f !!
$
/v!. /•C•.
SP-39
Project Signs
2
EA
$ /EA
S
8.1
Barricades, Warning Signs
and Detours
-
LS
�ltr'
3.12
Temporary Erosion Control
-
LS
$ /f! C!/LS
S
3.3
Unclassified Exc.
90
CY
S/f, rr• /Cy
$ ! C.
Materials incorporated
into project plus Labor
$
other
$ �� 9
Total
S
l3 3r'.cr
3.10.3*
Seeding
1,100
SY
$ /SY
,mac'
S
Sal'. !' c
CONTRACTOR OPTION TO USE R3P
PIPE OR S
IRAL RIB
PIPE
' Item 3.10.3 Seeding may be substituted for Item 3.10.7 Hydromulch at the engineers
option.
P - 4
Alexander Street Drainage - Phase II
(Additive Alternate Concrete Over Flow Swale)
WORK DAYS 15
BID NO. 1465
PO NO.
BID TABULATION SHEET
ITEM
DESCRIPTION
QUANTITY
UNIT
UNIT PRICE
TOTAL
5.15
Concrete Riprap
524
SY
$ /SY
r rill
$
IA14,y ., ".
SP-43
Raise Junction Box Lid
1
EA
$ /EA
$
3.3
Unclassified Excavation
540
CY
$ /CY
S
3.10.7
Hydromulch
550
SY
$ /SY
$
rr
1.21
Additional Contractors
Warranties and
-
LS
S (LS
nl�C. !'O
$
' i-r
3.1
Additional Right -Of -Way
Pre
-
LS
$ /LS
Pe, ro
$
3.12
Additional Temporary
Erosion Control
-
LS
$ /LS
OO.00'
$
Materials incorporated
into project plus Labor
$
Other
S
Total
$
3.10.3+
Seeding
550
SY
S _� /SY
$ nn nr
+ Item 3.10.3 Seeding may be substituted for Item 3.10.7 Hydromulch at the engineers
option.
P - 5
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:
o 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.
o 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
officials, agents, employees and volunteers; or, the
CI - 1
contractor shall procure a bond guaranteeing payment of
losses and related investigations, claim administration and
defense expenses.
o Liability policies shall be endorsed to provide the
following:
oo Name as additional insured the City of Denton, its
Officials, Agents, Employees and volunteers.
oo 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.
o All policies shall be endorsed to provide thirty(30) days
prior written notice of cancellation, non -renewal or
reduction in coverage.
o 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.
o 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.
o 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.
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:
CI - 2
[X] 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:
o Coverage A shall include premises, operations, products,
and completed operations, independent contractors,
contractual liability covering this contract and broad
form property damage coverages.
o Coverage B shall include personal injury.
o 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:
o 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.
o Broad form contractual liability (preferably by
endorsement) covering this contract, personal injury
liability and broad form property damage liability.
[X] Automobile Liability Insurance:
Comprehensive or Business Automobile Liability insurance shall
be provided by the Contractor with limits of not less than
$500,000 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 operation, maintenance or use of any
auto, including owned, non -owned and hired automobiles and
employee non -ownership use. (ISO Form CA 0001 Current
Edition)
[X] 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
CI - 3
occupational disease. The
"Additional Insured" but the
rights of subrogation against
employees and volunteers for
by the Named Insured.
City need not be named as an
insurer shall agree to waive all
the City, its officials, agents,
any work performed for the City
CI - 4
PRODUCER
INSURED
Ramey & King Insurance
101 S. Locust
Suite 707
Denton, TX 76201
D B R Construction Co., Inc.
Don Richards
P.O. BOX 828
Denton, TX 76202
ISSUE DATE (MWDD/YY)
UR�DWCE - 03/24/93
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY III
CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE
DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
POLICIES BELOW,
COMPANY A
LETTER
COMPANY B
LETTER
COMPANY `.
LETTER
COMPANY D
LETTER
COMPANY E
LETTER
COMPANIES AFFORDING COVERAGE
Trinity
Hartford
Texas Specialty
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
Do TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION. LIMITS
.T DATE (MM/DD/YY) DATE (MM/DD/YY)
C GENERALLIABILITY - GLS437011 05/06/92 05/06/93 GENERAL AGGREGATE $ 1000000
C XICOMMERCIAL GENERAL LIABILITY GLS437012 05/06/92 05/06/93 PRODUCTS-COMPIOPAGG. S
'CLAIMS MADE OCCUR.' PERSONAL S ADV. INJURY $ 5,00000
OWNER'S 8 CONTRACTOR'S PROT. EACH OCCURRENCE $
FIRE DAMAGE (Any one fire) $
MED. EXPENSE (Any one carton) S
A AUTOMOBILE LIABILITY TCA6413799 04/17/92 04/17/93 COMBINED SINGLE
X ( ANY AUTO
LIMIT a 1000000
ALL OWNED AUTOS BODILY INJURY
SCHEDULED AUTOS (Per person)
X. HIRED AUTOS BODILY INJURY $
XI NON•OWNED AUTOS (Per accident)
1�I GARAGE LIABILITY PROPERTY DAMAGE $
I
EXCESS LIABILITY EACH OCCURRENCE a
UMBRELLA FORM AGGREGATE a
OTHER THAN UMBRELLA FORM
STATUTORY LIMITS
WORKER'S COMPENSATION'
B AND 46WBCUA0213 02/07/93 02/07/94 EACH ACCIDENT S 500000
DISEASE —POLICY LIMIT S 500000
EMPLOYERS' LIABILITY DISEASE —EACH EMPLOYEE S 500000
OTHER
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS
Additional Insured: City of Denton
Project Bid: #1465 — Alexander St. Drainage Phase II
CANCELLATION ..raLdrtiioi
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
City of Denton EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
215 E. McKinney MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
Denton, TX 76201 LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE I i
A1i0BD35 & (71901.' OAGORD CORPORA1Wb6 G
BID SUMMARY
TOTAL BID PRICE IN WORDS **Eighty Three Thousand One Hundred Ninety Five Dollars%
In the event of the award of a contract to the undersigned, the
undersigned will furnish a performance bond and a payment bond for
the full amount of the contract, to secure proper compliance with
the terms and provisions of the contract, to insure and guarantee
the work until final completion and acceptance, and to guarantee
payment for all lawful claims for labor performed and materials
furnished in the fulfillment of the contract.
It is understood that the work proposed to be done shall be
accepted, when fully completed and finished in accordance with the
plans and specifications, to the satisfaction of the Engineer.
The undersigned certifies that the bid prices contained in this
proposal have been carefully checked and are submitted as correct
and final.
Unit and lump -sum prices as shown for each item listed in this
proposal, shall control over extensions.
DBR Construction Company,Inc.
CONTRAC OR
BY
Don Richards / President
P.O. Box 828
Street Address
Denton,Tx 76202
City and State
Seal & Authorization
(If a Corporation) 817/383-3007
Telephone
B - 1
BID SU'' 4MARY
ALEXANDER STREET DRAINAGE - PHASE II
Base Bid
Additive Alternate -
Concrete Over Flow Swale
Total Bid
Work Days Bids
35
15 $ /% %"X. -li
50 P
/C1 � $ r4:S i .
Award of the contract will be based on the Base Bid or the Total
Bid. The Additive Alternate will not be considered as a separate
contract.
B — 2
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
CERTIFICATION OF BIDDER REGARDING EQUAL EMPLOYMENT OPPORTUNITY
INSTRUCTIONS
This certification is required pursuant to Executive Order 11246 (30 F. R. 12319.25). The implementing
niles and regulations provide that any bidder or prospective contractor, or any of their proposed subcon-
tractors. shall state as an initial part of the bid or negotiations of the contract whether it has participated in
any previous contract or subcontract subject to the equal opportunity clause: and. if so, whether it has riled
all compliance reports due under applicable instructions.
Where the certification indicates that the bidder has not filed a compliance report due under applicable in-
structions. such bidder shall be required to submit a compliance report within seven calendar days after bid
opening. No contract shall be awarded unless such report is submitted.
CERTIFICATION BY BIDDER
NAME AND ADDRESS OF BIDDER (Include ZIP Code)
DBR Construction Company,Inc.
P.O. Box 828
Denton,Yx 76202
1. Bidder has participated in a previous contract or subcontract subject to the Equal Opportunity Clause.
❑ Yes O No
2. Compliance reports were required to be filed in connection with such contract or subcontract.
❑ Yes ❑ No
3. Bidder has filed all compliance reports due under applicable instructions, including SF•100.
❑ Yes No ❑ None Required -
4. Have you ever been or are you being considered for sanction due to violation of Executive Order 11246. as amended?
Yes ❑ No
NAME AND TITLE Or SIGNER /Hesse rypel
Don Richards / President
SIGNATURE
DATE
• 2/2/93
Realness Form HUOA238.CO-I. which is Obsolete
HUD•950.1 111.781
U • Y ftF Of NVU%lN ..o Uaft..E,(,(AL-0F.JWT
COMMUNITY OEVEI.O►VENT ,LOCK CRANT ►ROC►AN
CONTRACTOR'S CERTIFICATION
CONCERNING LABOR STANDARDS AND PREVAILING WAGE REQUIREMENTS
I. The urieniped. Irving weeuied a eonlnet aiih
the censbocliw Of the abeveldenlifred Project, achnwisdgn that:
(a) The Labor Sts.dsrds poaislaon are ineloded in the .fereaow contract;
(b) Correction e( *or I.f .ctien. -1 Ike .Iwea.N conditions. including infractions by any of his a.bcawueura and
.q loan Uar nobconlncters, is his le poeaibilily;
2. Me eettm.. roar: -
(a) Neither he am, ony (it.. ►.N.orship or uaosislion is .bleb he has a.bsuntial Interest is desigaled as an
Inetieible eenlrectw by the Cawytruller Covent of Ihs U.itei States personal to Section 5.6(b) *lion Regublioas
of the Seer.tsry of Labor. PM 5 (Y CFR, p.rt .)w Forsonat on Section S(s) a( the Dovls.08eon Act. so
attended (40 U.S.C. 776o-7(a)).
(b) NO Part d the dpearonllaled ewlnel bs be" ar will be subcoalreelM In may subeenbsetp It such esb.
o.boclp ar any fire, cooperation. MNn rship or associalion In which such subcontractor line a nobatoolial
Interest is designated as a* ineligible eenluclw Panuael to any of the afweneatia ed legublwy w sulul.q
provisions.
1. He agrees to shield and feensid Is the efrewenliontl N cipiedt wllble Im days aft" the aec ten sf anywbeontose.
ind".g thons esdested by his sabeonlarelow end say Isww tin subcontractors, a Sebeonlnetw's Cnailicalisd
Coacetsing Labor Slesdsrds odd PtewiOsg Wage Requirenmis eseguled by IF-x nbconbselen.
d. He c.rti :.. short
MI 16. Lear ne. and rM wa1...e @does, .1 ne M/M.M•N M.N
L SSif
1410e.� r�ilr�Jgi.► RACE:
SL/ /V. Lao aw i e If
lit .wwa►e eara►way.nm. jtel •rondONMpN aNaa[a0 rN vwl ay.fe O►
.. MTNaNMN.
ON am eKw«u.TNIN
NUO-1411 V-/fl
(C - 9)
CERTIFICATION OF PROPOSED BIDDER REGARDING SECTION 3
AND SEGREGATED FACILITIES
DBR Construction Company,Inc.
Name of Prime Contractor
or Subcontractor
ALEXANDER DRAINAGE - PHASE II
B-91-MC-48-0036
Project Name and Number
The undersigned hereby certifies that:
A) Section 3 provisions are included in the Contract
B) A written Section 3 plan was prepared and submitted as
part of the bidding process (if bid equals or exceeds
$10,000) NOTE: THE SECTION 3 PLAN MUST BE SUBMITTED TO
THE COMMUNITY DEVELOPMENT OFFICES 105 1/2 W. OAR ST.
PRIOR TO CONTRACTOR ACCEPTANCE. A BREAKDOWN OF
SUBCONTRACTORS AND EXISTING WORK FORCE MUST BE INCLUDED
(SEE FOLLOWING FORMS).
C) No segregated facilities will be maintained.
Don Richard
Name &
s / President
of gn r (Print or Type)
C-2
2/2/93
Date
OOQ., O F D £ H o,
� y
a
ry
e
+ _c
CONTRACT AGREEMENT
STATE OF TEXAS §
THIS AGREEMENT, made and entered into this 7 day of
DECEMBER A.D., 19 93 , by and between
CITY OF DENTON
of the County of DENTON and State of Texas, acting
through _—LLOYD_, v._E%RRFLL
thereunto duly authorized so to do, hereinafter termed "OWNER," and
DBR CONSTRUCTION COMPANY INC., P.O. BOX 828, DENTON, TEXAS 76202
of the City of DENTON , County of
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 bearing even
date herewith, CONTRACTOR hereby agrees with OWNER to commence and
complete performance of the work specified below:
BID # 1555 - MAPLE STREET SANITARY SEWER in the amount $110,109.00
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
CA- 1
all maps, plats, blueprints, and other drawings and printed or
written explanatory matter thereof, and the Specifications
therefore, as prepared by ENGINEERING AND TRANSPORTATION DEPARTMENT
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 c.4— c y employee benefit. City shall -
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 claims 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 'Lhe. 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:
AAA0184D
(SEAL)
DBR CONSTRUCTION COMPANK INC.
Foroyk PM
(SEAL)
CA- 3
BOND PREMIUM BASED ON Bond No. 561861
FINAL CONTRACT PRICE
PERFORMANCE BOND
STATE OF_TEXAS S
COUNTY OF DENTON $
KNOW ALL MEN BY THESE PRESENTS: That DB$ CONSTRUCTION CCOANY
INC. , of the City of DENTON
County of pmml __ , and State of TFJW
as PRINCIPAL, and Capitol Indemnity Corporation
, as SURETY, authorized under the laws of
the State of Texas to act as surety on bonds for principals, are
held and firmly bound unto the CM OF DEW"
ae OWNER, in the penal sum of ONE sDNDNED TEN TNODSAND ONE HMDRED AND
NI'taE AND no/loo-------- ------ Dollars ($ 110,109.00 ) for the
payment whereof, the said Principal and Surety bind themselves, and
their heirs, administrators, executors, successors and assigns,
jointly and severally, by these presents:
WHEREAS, the Principal has entered into a certain written
contract with the OWNER, dated the 7 day of DEcse®ER ,
19 93 , for the construction of BID # 1555 — X"LE STMRT SANITARY
SEVER in the amount of $110.109.00.
which contract is hereby referred to and made a part hereof as
fully and to the same extent as if copied at length herein.
NOW, THEREFORE, the condition of this obligation is such, that
if the said principal shall faithfully perform said Contract and
shall in all respects, conditions and agreements in and by said
contract agreed and covenanted by the Principal to be observed and
performed, and according to the true intent and meaning of said
Contract and the Plans and Specifications hereto annexed, then this
obligation shall be void; otherwise to remain in full force and
effect;
PROVIDED, HOWEVER, that this bond is executed pursuant to the
provisions of the Act of May 22, 1993, 73rd Leg., R.B., ch. 268,
§1, 1993 Tex. Sess. Law Serv. 587, 851 (Vernon) (to be codified as
Tex. Govrt Code, ch. 2253) (formerly, Tex. Rev. Civ. Stat. Ann.
art. 5150), and all liabilities on.this bond shall be determined in
accordance with said provisions to the same extent as if they were
copied at length herein.
PB - 1
PROVIDED FURTHER, that if any legal action be filled upon this
bond, venue shall lie in Denton county, State of Texas.
Surety, for value received, 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 the plans,
specifications, or drawings accompanying the same, shall in any way
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.
IN WITNESS WHEREOF, the said Principal and Surety have signed
and sealed this instrument this 13th day of December
19 93 . '
DBR Construction Company, Inc.
Address:
(SEAL)
Capitol Indemnity Corporation
SuretO&CAL41xa�
y
/ C eryl L. Humphkey
Tit l ttorne -in-Fact
Address:
4610 University Ave., No. 1400
Madison, Wisconsin 53705-0900
(SEAL)
The name and address of the Resident Agent of Surety is:
V. R. (Jim) Damiano, Jr.
17774 Preston Road, Dallas, Texas 75252
NOTE: Date of bond must not be prior to date of Contract.
ARAD184D
PH - 2
BOND PREMIUM BASED ON Bond No. 561861
FINAL CONTRACT PRICE
PAYMENT BOND
STATE OF TEXAS §
COUNTY OF DENTON 5
KNOW ALL MEN BY THESE PRESENTS: That DBR CoNSTRUCTIou OJHPANY
INC. of the City of DENTON
County of DENMN , and the State of TEBAS ,
as principal, and Capitol Indemnity Corporation
authorized under the laws of the State of Texas to act as surety on
bonds for principals, are held and firmly bound unto
T= CITY of DENTON , OWNER n the penal sum of
no/10i---
ME MINDMM MM THOUSAND om Rummm vn icau aka Dollars
for the payment whereof, the said Principal and Surety bind
themselves and their heirs, administrators, executors, successors
and assigns, jointly and severally, by these presents:
WHEREAS, the Principal has entered into a certain written
contract with the owner, dated the 7 day of DEMMER
19 93 .
BID.# 1555 - NAPLE- STREET SANITARY SEWER
to which contract is hereby referred to and made a part heroof as
fully and to the same extent as if copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH,
that if the said Principal shall pay all claimants supplying labor
and material to him or a subcontractor in the prosecution of the
work provided for in said contract, then this obligation shall be
void, otherwise to remain in full force and effect;
PROVIDED, HOWEVER, that this bond is executed pursuant to
the provisions of the Act of May 22, 1993, 73rd Leg., R.S.,
ch. 268, 51, 1993 Tex. Sess. Law Serv. 587, 851 (Vernon) (to be
codified as Tex. Gov•t Code, ch. 2253) (formerly, Tex. Rev. Civ.
Stat. Ann. art. 5160), and all liabilities on this bond shall be
determined in accordance with said provisions to the same extent as
if they were copied at length herein.
PB - 3
Surety, for value received, 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 the plans,
specifications, or drawings accompanying the same, shall in any way
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, qr to the work to be performed
thereunder.
IN WITNESS WHEREOF, the said Principal and Surety have
signed and sealed this instrument this 13th day of December
19 93
DBR Construction Company, Inc.
Principal
4
By /&
T11.1e YAP
Address:
���i>/ ��.�� i-f.�i .�n�crsfc�f
(SEAL)
Capitol Indemnity Corporation
Surety
Ch ryl L. Humphr y
Title torne -in-Fact
Address•
4610 University Ave., No. 1400
Madison, Wisconsin 53705-0900
(SEAL)
The name and address of the Resident Agent of Surety is:
V. R. (Jim) Damiano, Jr.
17774 Preston Road, Dallas, Texas 75252
AAA0184D
PB - 4
BOND PREMIUM BASt- ON
FINAL CONTRACTPF?ICE
THE STATE OF TEXAS
COUNTY OF DENTON
Bond No. 561861
MAINTENANCE BOND
5
KNOW ALL MEN BY THESE PRESENTS: That n9R CONaTRRCTjoN CDmpm
as Principal, and Capitol Indemnity Corporation
a corporation authorized to do business in the State of Texas, as
surety, do hereby acknowledge themselves to be held and bound to
pay unto the City of Denton, a Municipal Corporation of the state
of Trrfpei, its successors and assigns, mt nsnton, Denton County,
Texas, the sum of ELEVEN THMAND AM TEN and 90/100--------
Dollars ($ 11.010.90 ), ten (10%) percent of the total amount of
the contract for the payment of which sum said principal and surety
do hereby bind themselves, their successors and assigns, jointly
and severally.
This obligation is conditioned, however, that:
WHEREAS, said DBR OONSTM=1ON COMBANY M.
has this day entered into a written contract with the said City
of Denton to build and construct _ BID 1 1555_- M"LE STREET SANITARY
_sffi mR
Which contract and the plans and specifications therein mentioned,
adopted by the City of Denton, are filed with the City Secretary of
said City and are hereby expressly incorporated herein by reference
and made a part hereof as though the same were written and set out
in full herein, and;
WHEREAS, under the said plans, specifications, and contract,
it is provided that the Contractor will maintain and keep in good
repair the work therein contracted to be done and performed for a
period of one -(1) year from the date of acceptance thereof and do
all necessary backfilling that may become necessary in connection
therewith and do all necessary work toward the repair of any
defective condition growing out of or arising from the improper
construction of the improvements contemplated by said contractor on
constructing the same or on account of improper excavation or
backfilling, it being understood that the purpose of this section
is to cover all defective conditions arising by reason of defective
materials, work, or labor performed by said Contractor, and in case
the said Contractor shall fail to repair, reconstruct or maintain
said improvements it is agreed that the City may do said work in
MB - 1
accordance with said contract and supply such materials and charge
the same against the said Contractor and its surety on this
obligation, and said Contractor and surety shall be subject to the
damages in said contract for each day's failure on the part of said
Contractor to comply with the terms and provisions of said contract
and this bond.
NOW, THEREFORE, if the said Contractor shall perform its
agreement to maintain said construction and Keep same in repair for
the maintenance period of ona (1) year, as herein and said contract
provided, then these presents shall be null and void and have no
further effect; otherwise, to remain in full force and effect.
It is further agreed that this obligation shall be a
continuing one against the Principal and surety and that successive
recoveries may be had hereon for successive breaches of the
conditions hercin provided until the full amount of thin bor-i shall
have been exhausted, and it is further understood that the
obligation to maintain said work shall continue throughout said
maintenance period, and the same shall not be changed, diminished,
or in any manner affected from any cause during said time.
IN WITNESS WHEREOF, the said DBR Construction Company, Inc.
as Contractor and Principal, has caused these presents to be
executed by
and the said Capitol Indemnity Corporation
as surety, has caused these presents to be executed by its
Attorney -in -Fact _Cheryl L. Humphrey
and the said Attorney -in -Fact has hereunto set his hand this 13th
day of December , ig 93
SURETY:
Ca tql Indemni y Corporation
BY:
Cheryl Z H muhrey
Attorney -in -Fact
AAA0184D
MB - 2
PRINCIPAL:
DBR Constructs ompany, Inc.
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 53705-0900
PLEASE ADDRESS REPLY TO P.O. BOX 5900. MADISON, WI 53705 0900
PHONE (608) 231-4450 • FAX (608) 231-2029
POWER OF ATTORNEY No: - - _-
Bond No. 561861
Know all mere 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., CHERYL L. HUMPHREY, BETTY J. DAMIANO OR SHANE A. HUMPHREY ----
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 $500,000.00 ------------------------------
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 attorneys) -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 m the
Pow
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.
CAPITOL INDEMNITY CORPORATION
Attest: /
!` �a\\oE11MHIlilylU//�//�/94/�
Virgiline M. Schulte, Secretary - CORPORATE S a GeOrae/A. F ait, President
�u SEAL i= VVVVV
STATE OF WISCONSIN
� r �i/yN/NIfIIla10\UO
COUNTY OF DANE
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.
��\P4W1ol Fl I IWIII/c///////�i�G
STATE OF WISCONSIN 3 PETER _ -
=f E.
COUNTY OF DANE HANS Peter E. Hans
3 �� Notary Public, Dane Co., WI
/i/aullilnl\\\\\ \ 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 13th day of December 1993
\U111IIININN/yy
\ E,pNITY CO4�
N"Ja
0 �� eo9'
Ba CORPORATE
SEAL �` er, Treasurer
llll I III\\\P\�\\\\
This power is valid only if the power of attorney number printed in the upper right hand corner 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.
SENT BY:Denton, Texas
i12-17-83 ;10:22AM ; Ramey & King lns,y 1 817 382 4682;# 1
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oLLntmt TX 7111401-
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P O sot as
Denton TX 7=
THIS NI TO CE911FY THAT THE POUCH
IND161YED, NOTWITHSTANDING ANY RI
CERRFICATE MAY BE ISSUED OR MAY
ECLUStONB AND CONDITIONS OF SUI
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NOE LISTED BELOW HAVE BEEN ISSUED
TERM OR CONDRION OF ANY CONTRAC
e INSURANCE AFFORDED BY THE POUCII
POLICY NUMER
401AIs6UA0218
PCUDY BfECTNe !POLICY EVIRArm
CAR SE,LDWM ! CAR RA WM
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DR THE POLICY PERIOD
PECT TO WHICH THIS
TO ALL THE TERMS,
........................................
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COMBliO BP,SIE •.•.....•.•.•.
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LRABLITY
LD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE
ATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
CMy al Denton DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
LEFT.BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
90TowDB t OF ANY IOND UPON THE COMPANY, ITS AGENTS OR REPFEBBNTAMES.
Dwmn TX 7=1
RED RERNSOMPIVIII L'F / !
DEC 17 '93 11:26 8173824316 PRGE.001