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Home My WebLink About1999-063ORDINANCE NO !?q Ocv� AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF THE SENIOR CENTER PARKING LOT, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE (BID #2339 — SENIOR CENTER PARKING LOT AWARDED TO DBR CONSTRUCTION IN THE AMOUNT OF $28,059) 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 NUMB ER CONTRACTOR AMOUNT 2339 DBR CONSTRUCTION $ 28,059 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 SECTION V That this ordinance shall become effective Immediately upon its passage and approval PASSED AND APPROVED this the day of ,1999 JACKAILLER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY v 1' REM - / � W"' APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY wl' IWWRIM n 2339 - CONTRACTUAL ORDINANCE ATTACHMENT #1 TABULATION SHEET BID # 2339 BID NAME SENIOR CENTER PARKING LOT JAGOE DBR PUBLIC CONST DATE 4-Feb-99 TOTAL BASE BID AWARD "47$ rd Hollles Installed 8 3A-1 55 SY Deduct B 3A - Concrete Pavement 4" $ 1,608 75 $ 13750 8 3A-2 55 SY U rade to Stam ed Patterned Concrete $ 5,50000 1 $ 55000 SP-80 55 SY Wood Chios $ 31625 1 $ 550 00 Senior Center Revisions Parking Lot ATTACHMENT #2 REVISED TABULATION OF LOWEST BID BID TABULATION SHEET Work Days 25 Bid No PO No Item Description original Quantity evise Quantity Unit Unit Price Total 121 Contractors Warranties and Understandings - - LS $ 2,44950 /LS $ 2,44950 2 12-A Irrigation Conduit 20 0 LF $ 2000 /LF $ 000 3-A Remove Curb and Gutter 54 LF $ 600 /LF $ 32400 3-B lRemove Concrete Flume 1 EA $ 50000 /EA $ 500001 3 1 Preparation of Right of way - LS $ 2,44950 /LS $ 2,44950 33 Unclassified Excavation 60 CY $ 1000 /CY $ 60000 3 107 Hydromulch 70 0 SY $ 300 /SY $ 000 3 12 Temporary Erosion Control - LS $ 50000 /LS $ 50000 4 6-A 6" Lime Treatment of Subgrade 1172 SY $ 350 /SY $ 4,10200 4 6-13 Type A Hydrated Lime (Slurry) 16 TON $ 10000 /TON $ 1,60000 5 7-A 2 1/2" Asphalt Pavement Base (Type A) 948 SY $ 550 /SY $ 5,21400 5 7-B 1 1/2" Asphalt Pavement (Type D) 948 SY $ 500 /SY $ 4,74000 8 1 Barricades, Warning Signs and Detours - 0 LS $ 50000 /LS $ 000 8 2-A Install Concrete Curb & Gutter 630 LF $ 750 /LF $ 4,72500 8 2-B jConcrete Pavement 6" (Flatwork) 14 LF $ 1000 /LF $ 14000 8 3A Concrete Pavement 4" 55 SY $ 300 /SY $ 16500 SP-2 Concrete Saw Cut 8 0 LF $ 500 /LF $ 000 SP-43 Asphalt Saw Cut 45 0 LF $ 300 /LF $ 000 SP-45 Miscellaneous Sprinkler Adjustment - 0 LS $ 10000 /LS $ 000 SP-55 Pavement Markings 0 LS $ 50000 /LS $ 000 BASE BID TOTAL 27,509 00 Alternate # 3 Item Description Quantity Unit Unit Price Total 8 3A-2 I Upgrade to Stamped Patterned Concrete 1 55 1 1 SY $ 1000 /SY $ 55000 PROJECT TOTAL 28,059 00 CONTRACT AGREEMENT STATE OF TEXAS COUNTY OF DENTON MN THIS AGREEMENT, made and entered into this 2 day of MARCH A.D., 1999, by and between CITY OF DENTON of the County of DENTON and State of Texas, acting through MICHAEL W. JEZ, City Manager, thereunto duly authorized so to do, hereinafter termed "OWNER," and DBR CONSTRUCTION COMPANY, INC. 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 # Z339— SENIOR CENTER PARKING LOT in the amount of $ 28,059 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 f irmsh all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the work specified above, in accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), Instructions to Bidders, and the Performance and Payment Bonds, all attached hereto, and in CA-1 accordance with the plans, which includes all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by ENGINEERING 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 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 tune 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 APPROVRn AC TO PORM CA-3 M. (SEAL) CONTRACTOR MAILING ADDRESS (SEAL) ME PROPOSAL TO THE CITY OF DENTON, TEXAS FOR THE CONSTRUCTION OF SENIOR CENTER PARKING LOT IN DENTON,TEXAS The undersigned, as bidder, declares that the only person or parties interested in this proposal as principals are those named herein, that this proposal is made without collusion with any other person, firm or corporation, that he has carefully examined the form of contract, Notice to Bidder, specifications and the plans therein referred to, and has carefully examined the locations, conditions and classes pf materials of the proposed work and agrees that he will provide all the necessary labor, machinery, tools, apparatus, and other items incidental to construction, and will do all the work and furnish all the materials called for in the contract and specifications in the manner prescribed herein and according to the requirements of the City as therein set forth It is understood that the following unit prices are approximate only, serve as a guide in evaluating bids quantities of work to be done at and are intended principally to It is agreed that the quantities of work to be done at unit prices and material to be furnished may be increased or diminished as may be considered necessary, in the opinion of the City, to complete the work fully as planned and contemplated, and that all quantities of work whether increased or decreased are to be performed at the unit prices set forth below except as provided for in specifications It is further agreed that lump sum prices may be increased to cover additional work ordered by the City, but not shown on the plans or required by the specifications, in accordance with the provisions to the General Conditions Similarly, they may be decreased to cover deletion of work so ordered It is understood and agreed that the work is to be completed in full within the number of work days shown on the bid tabulation sheet p - 1 Accompanying this proposal is a certified or cashier's check or Bic Bond, payable to the Owner, in the amount of five percent of the tota_ bid It is understood that the bid security accompanying this proposal shall be returned to the bidder, unless in case of the acceptance of the proposal, the bidder shall fair to execute a contract and file a performance bond and a payment bond within fifteen days after its acceptance, in which case the bid security shall become property of the Owner, and shall be considered as a payment for damages due to delay and other inconveniences suffered by the Owner on account of such failure of the bidder Owner reserves the right to reject anv and all bids Owner may investigate the prior performance of the bidder on other contracts, either public or private, in evaluating bid proposals Should bidder alter, change, or qualify any specifications of the bid, Owner may automatically disqualify bidder The undersigned hereby proposes and agrees to perform all work of whatever nature required, in strict accordance with the plans arc specifications, for the following sum or price to wit P -2 Senior Center Parking Lot Work Days 2� Bid No 2339 BID TABULATION SHEET PO No Item Description I Quantity Unit I Unit Price ITotal 1 21 Contractors Warranties and Understandings I - LS 1 $ 2449 50 /L S $ 2449 50 Unit Price In Words Two Thousand Four Hundred Forty Nine and Fifty Cents 2 12-A Imgation Conduit 20 LF $ 20 00 /LF $ 400 00 Unit Price In Words Twenty and No Cents* 3-A Remove Curb and Gutter 54 LF 1 $ 6 00 /L,F $ 324 00 Unit Price In Words Six and No Cents* 3-13 Remove Concrete Flume 1 1 EA $ 500.00 /EA $ 500 00 Unit Price In Words Five Hundred and No Cents* 3 1 Preparation of Right of Way LS $ 2449.50 /LS $ 2449 50 Unit Price In Words Two Thousand Four Hundred Forty Nine and Fifty Cents* 3 3 Unclassified Excavation 1 60 1 CY $ 10 00 /Cy $ 600 00 Unit Price In Words Ten and No Cents* 3 10 7 7Hydromulch 70 SY $ 3 00 /Sl, $ 210 00 Unit Price In Words Three and No Cents* 3 12 Temporary Erosion Control 1. - LS $ 500 00 /L S $ 500 00 Unit Price In Words Five Hundred and No Cents* 4 6-A 6" Lime Treatment of Subgrade 1 1172 1 SY $ 3 50 /SY $ 4102 00 Unit Price In Words Three and Fifty Cents* 4 6-13 Type A Hydrated Lime (Slurry) 1 16 TON $ 100 00 /TON $ 1600 00 Unit Price In Words One Hundred and No Cents* 5 7-A 2 1/2" Asphalt Pavement Base (Type A) 948 SY $ 5.50 /Sy $ 5214 00 Unit Price In Words Five and Fifty Cents* 5 7-B 1 1/2" Asphalt Pavement (Type D) 1 948 SY $ 5.00 /S1, $ 4740 00 Unit Price In Words Five and No Cents* P3 Senior Center Parking Lot BID TABULATION SHEET Work Days Bid No 23_� PC No Item Description Quantity I Unit I Unit Price Total 8 I Bamcades, Warmng Signs and Detours LS $ 500.00 /LS S 500 00 Unit Pnce In Words Five Hundred and No Canto* 8 2-A lInstall Concrete Curb & Gutter 630 LF $ 7 50 /LF S 4725 00 Unit Pnce In Words seven and Fifty Cents* 8 2-B Concrete Pavement 6" (Flatwork) 14 LF $ 10.00 /LF S 140 00 Unit Pnce In Words Ten and No Cents* 8 3A Concrete Pavement 4" 55 SY $ 3.00 /SZ S 165 00 Unit Pnce In Words Three and No Cents* SP-2 Concrete Saw Cut 8 LF $ 5 00 /LF g 40 00 Unit Pnce In Words Five and No Cents* SP-43 Asphalt Saw Cut 45 LF $ 3 00 /LF S 135 00 Unit Pnce In Words Three and No Cents* SIP-45 Miscellaneous Spnnkler Adjustment LS $ 100 00 /LS S 100 00 Unit Pnce In Words One Hundred and No Cents* SP-55 Pavement Markings LS is 500 00 /LS $ 500 00 Unit Pnce In Words Five Hundred and No Cents* is Is Unit Pnce In Words Is S Unit Pnce In Words [Unit Price In Words $ S TOTAL S29.394 00 P4 Senior Center Parking Lot Bid No 233� Alternates PO No Please note that this page contains fqur separate and independent alternates that may or may not be added to the bid Alternate # 1 BID TABULATION SHEET Work Days SP-50 IDwarf Burford Hollies (Installed) 82 1 EA $ 25.00 S 2050 00 Unit Pnce In Words Twenty Five and No Cents* TOTAL $2050 00x Alternate # 2 BID TABULATION SHEET Work Days C Item Description Quantity Unit Unit Price Total 8 3A-1 Deduct 8 3A - Concrete Pavement 4" 55 SY $ 2.50 /Sy $137 50 Umt Pnce In Words Two and Fifty Cents* TOTAL $137 50* Alternate # 3 BID TABULATION SHEET Work Days C Item Description Quantity Unit Unit Price Total 8 3A-2 Upgrade to Stamped Patterned Concrete 55 SY $ to oo /SY $ 550 00 Unit Price In Words Ten and No Cents* TOTAL $550 00* Alternate # 4 BID TABULATION SHEET Work Days 0 Item Description QuantityUnit FUnit Price Total SP-60 Wood Clips 55 SY $ 10.00 /Sy IS 550 00 Unit Pnce In Words Ten and No Cents* TOTAL $550 00* P5 BID SUMMARY TOTAL BID PRICE IN WORDS *Twenty Nine Thousand Three Hundred Ninety Four and No Cents* In the event of the award of a contract to the undersigned, the undersigned will furnish a performance bond and a payment bond for the full amount of the contract, to secure proper compliance with the terms and provisions of the contract, to insure and guarantee the work until final completion and acceptance, and to guarantee payment for all lawful claims for labor performed and materials furnished in the fulfillment of the contract It is understood that the work proposed to be done shall be accepted, when fully completed and finished in accordance with the plans and specifications, to the satisfaction of the Engineer The undersigned certifies that the bid prices contained in this proposal have been carefullN 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 CONT TO BY Don Richards 2301 Hinkle Dr. Street Address Denton,TX 76201 City and State Seal & Authorization y40/383-3007 (If a Corporation) Telephone W. PROJECT WORK DAYS BID 1 Senior Center Parking Lot 20 $ 29,394 00 2 Alternate # 1, Dwarf Burford Hollies 5 $ 2,050.00 3 Alternate # 2, Deduct 8 3A Concrete Pavement 4" 0 $ 137.50 4 Alternate # 3, Upgrade to Stamped Patterned Concrete 0 $ 550.00 5 Alternate # 4, Wood Chips 0 $ 550.00 Award of bid will be based on the Item #1, Senior Center Parking Lot Any of the alternates accepted will be awarded to the same contractor who is awarded with Item #1 Workdays will be kept separately on each section of the project IM BOND PREMIUM BASED ON FINAL CONTRACT PRICE BOND E RCUTED IN THRIKE (3) ORIGINALS PERFORMANCE BOND STATE OF TEXAS COUNTY OF DENTON Bond No. 132649 KNOW ALL MEN BY THESE PRESENTS That DBR Construction Company, Inc. whose address is 2301 Hinkle Street, Denton, Tx 76201 hereinafter called Principal, and Frontier Insurance Company a corporation organized and exii3ig Undif the lawn of the State of New York and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner in the penal sum of Twenty -Eight Thousand, Fifty -Nine 6 no/100--- DOLLARS ($26,059 o0 --- j plus ten percent of the stated penal sum as in additional sum of money representing additional court expenses, attorneys' fees, and liquidated damages arising out of or connected with the below identified Contract, in lawful motley of the United States, to be paid in Denton County, Texas, for the payment of which sum well and truly to be made, weihereby bind ourselves, our beers, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement which reduces the Contract price decrease the penal sum of this Bond THE OBLIGATION TO PAY SAME is conditioned as follows Whereas, the Principal entered into a certain Contract, identified by Ordinance Number with the City of Denton, the Owner, dated the 2nd day of March A D 1999 , a copy of which is hereon attached and made a part hereof, for Bid No 2339 - :9 Serior Center Parkins Lot NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill all of the undertakings, covenants, terms, conditions and agreements of said Contract in accordance with the Plats. Specifications and Contract Documents during the original term thereof and say extension thereof which may be granted by the Owner, with or without notice to the Surety, and during the hk of any guaranty or warranty required under this Contract, and shall also well and truly perform and fulfill all the undertakings. Lavenants, terms, conditions and' agreements of any and all duly authorized modifications of said Contract that may hereafter he made, nottce of which modifications to the Suretv being hereby waived, and, if the Principal ftU 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 milcotnufy and save harmless the Owner from all costs and damages which Owner may suffer by reason of failure to so perform herein and shall Nally reimburse and repay Owner all outlay and expense which the Owner may incur in making good any default or deficiency, then this obligation shall be void otherwise, it shall remain in full force and effect PB 1 This Bond is given pursuant to the provtssons of Chapter 2253 of the Texas Government Code, ae ameoded, and any other applicable statutes of the State of Texas The unders*md and designated agent is hereby designatod by the Surety herein as the Resident Agent is Denton County to whom arty regwshe notices may be dehvered and on whom service of process may be had In spatters arising out of such suretyship, as provided by Article 7 19-1 of the insurance Code, Vernon's Annotated Civil Statutes of the State of Texas IN WITNESS WHEREOF, this rostrumeat is executed in three copies, each me of which shall be deemed an original, this the tad day of March 1999 ATTEST PRINCIPAL BY OUR«, • RIq «, r f>• . ,L/ � Q i►J.A 2 la a_.SECRETARY ATTEST ,MOM� L14 SURETY FRONTIER INSURANCE COMPANY BY a ORNEY-I - ,Kenneth Zacharek Collin The Resident Agent of the Surety in Dints si County, Texas for delivery of notice and service of the process is NAME V R Damiano,,Jr , CPCU STREET ADDRESS 17774 Preston Road, Dallas, TX 75252 / 800-375-2663 (MOM, Dare of Payment Bond mast be due of Contract aorporarton, give a person Is name.) %"hWAaM,dasM WMFa dw 1W 0M PB-4 {f Resident Agent is nor a BOND PREMIUM BASED ON FINAL CONTRACT PRICE BIND RRNCUTID) IN THREE (3) ORIGINAIS I_ZV-!3 i � a 1 Bond No 132649 STATE OF TEXAS 11 COUNTY OF DENTON 9 KNOW ALL MEN BY THESE PRESENTS That DER Construction Company, Inc whose address is 2301 Hinkle Street Denton, Tx 76201 hereinafter Called Principal, and Frontier Insurance Company a corporation orgamxed and existing under the law$ Of the State of New York , and fully authorised to transact business in the State of Texas, a$ 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 undo all persons, firms, and corporations who may furnish materials for, or perform labor upon, the building or uoproverments hereinafter referred to, in the penal stmi of Twenty -Eight Thousand, Fifty -Nine 6 no/100---------- DOLLARS ($ 28,059 00- �) m lawful money of the United giiia, to be paid m Denton, CountyTexas, for the Payment of Which SUM well and truly to be made, we hereby hind ourseives, our helm, executors, administrators, successors, and assigns, jointly and severally, firstly 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 at no event shall a Change Order or Supplettuntal Agreement which reduces the Contract price decrease the penal stun of this Bond THE OBLIGATION TO PAY SAME is conditioned as follow$ whereas, •the Principal entered Into a certain Contract, identified by Ordinance Number with the City of Denton, the Owner, dated the end day of march A D 1999, a copy of which is hereto attached and made a part hereof. for Bid No 2339 - Senior Center Parking Lot NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties and make prompt payment to all persons, firma, subcontractors, corporations and claimants supplying labor and/or material to the prosecution of the Work provided for in said Contract and any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby expressly waived, then this obligation shall be void, otherwise it shall remsm in full force and effect PROVIDED FURTHER, that if an) legal Acton be filed on this Bond, exclusive venue shall lie in Denton County, Texas AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of tune, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plana, Specifications, Drawings, etc , accompanying the same, Shall in anywse affect its obligation art this Bond, and % does hereby waive notice of any such change, extension of tune, alteration or addition to the tams of the Contract, or to the Work to be performed thereunder or to the Plana, Specifications, Drawings, etc PB-3 PROVIDED FURTHER, that if any lgal action be filed upon this Bond, exclusive venue shall lit in Denton County, State of Texas AND PROVIDED FURTHER, that the sud Surety, for value received, hereby stipulates and agrees that no choge, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc., accompanying the same, stis,l in anywise affict its obligation on Ibis Bond, and it does hereby waive notice of aqy such charge, extension of time, alteration or addition to the terms of the Contract, Of to the Work to be performed thereunder, or to the PIM. Specifications. Drawings. etc This Bond is given pursuant to the provtoons of Chapter =3 of the Tetras Government Code, as amended, and any other appbcablt statutes of the State of Te;,u The undersigned and designated agent is hereby datgn&W by the Surety herem as the Resident Agent in Denton County to whom any requisite notices may be delivered and on whom service of process may be had in matters aristng out of such suretyship, as providxi by Article 7 19-1 of the Imurancc Code, Vernon's Annotated Civil .Stan:tes of the State of Texas IN WITNESS WHEREOF, this instrument is executed in three copies, each one of which shall be deemed aq ongmal, this the znd day of march , 1999 ATTEST' ATTEST PRINCIPAL SURETY I FRONTIER INSURANCE COMPANY BY BY j�TTURNEY-" CT, Kenneth Zacharek Collin The Resident Agent of the Surety in 10vnHGat County, Texas for deli, cry of notice and service of the process is NAME Y R Damiano,_Jr , CPCU STREET ADDRESS 17774 Preston Road, Dallas, TX 75252 / 800-375-2663 (NOTE Date of Performance Bond must be date of Contract If leenrlent egret u not a corporation, give a permn's name ) n,IA WkMA*n.n..rs of Rev sun PB-2 IMPORTANT NOTICE To obtain information or make a complaint You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at 1-800-252-3439 You may write the Texas Department of Insurance P 0 Box 149104 Austin, TX 78714-9104 Fax #(512) 475-1771 PREMIUM OR CLAIM DISPUTES Should you have a dispute concerning your premium or about a claim, you should contact the agent or the company first If the dispute is not resolved, you may contact the Texas Department of Insurance ATTACH THIS NOTICE TO YOUR POLICY This notice is for information only and does not become a part or condition of the attached document ;rlant;fir Bond No 332649 INSURANCE COMPANY Ro,k Hill New Yoik 12775 (A Stock Company) POWER OF ATTORNEY Jill ain 'Al( 3EVIt AILI elitist. J�rt 6211ts That FRONTIER INSURANCE COMPANY a New York Corporation having its principal office n Rock Hill New York pursuant to the following resolution adopted by the Board of Directors of the Corporation on the 4th day of November 1985 RESOLVED that the Chairman of the Board the President or any Vice President be and hereby is authorized to appoint Attorneys in Fact to represent and act for and on behalf of the Company to execute bonds undertakings recognaances and other contracts of indemnity and writings obligatory in the nature thereof and to attach thereto the corporate seal of the Company in the transaction of its surety business RESOLVED that the signatures and attestations of such officers and the seal of the Company maybe 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 when so affixed with respect to any bond undertaking recognizance or other contract of indemnity or writing obligatory in the nature thereof RESOLVED that any such Attorney in Fact delivering a secretarial certification that the foregoing resolutions still be in effect may insert in such certification the date thereof said date to be not later than the date of delivery thereof by such Attorney in Fact This Power of Attorney is signed and sealed in facsimile under and by the authority of the above Resolution DOES HEREBY MAKE CONSTITUTE AND APPOINT V R Damiano, Jr James V Damfano Kenneth Zacharek Sherri L Schraer Candace Damiano Malaya Mengel Kinder Kathy R Zacharek of Dallas in the State of Texas its true and lawful Attorney(s) in Fact with full power and authority hereby conferred in its name place and stead to sign execute acknowledge and deliver in its behalf and as Its act and deed without power of redelegation as follows Bonds guaranteeing the fidelity of persons holding places of public or private trust guaranteeing the performance of contracts other than insurance policies and executing or guaranteeing bonds and undertakings required or permitted in all actions or proceedings or by law allowed IN AN AMOUNT NOT TO EXCEED THREE MILLION FIVE HUNDRED THOUSAND($350000000) DOLLARS and to bind FRONTIER INSURANCE COMPANY thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of FRONTIER INSURANCE COMPANY and all the acts of said Attorney(s) in Fact pursuant to the authority herein given are hereby ratified and confirmed In,xintturso3&6herenf,FRONTIERINSIIAANCECOMPANYofrockHill New York has caused this Power of Attorney to be signed by its PrWeat and its Corporate seal to be affixed this Z`JtYt day of Aprl 19 y, FRONTIER INSURANCE COMPANY �gURINCf jW^ q^VOp^ Ca O State of New Yolk ER w° BY _ __— — -- HARRY W RHULEN President County of Sullivan as On this 29th day of April 19 97 before the subscriber a Notary Public of the State of New York in and for the County of Sullivan duly commissioned and qualified came HARRYW RHU LEN of FRONTIER INSURANCE COMPANY to me personally known to be the individual and officer described herein and who executed the preceding instrument and acknowledged the execution of the same and being by me duly sworn deposed andsaid that he is the officer of the Company aforesaid and that the seal affixed to the preceding instrument I$ the Corporate Seal of the Company and the Corporate Seal and signature as an officer were duly affixed and subscribed to the said instrument by the authority and direction of the Corporation and that the resolution of the Company referred to in the preceding instrument is now in force Jett iDeetimci Wflereet, I have hereunto set my hand and affixed my official seal at Rock Hill New York the day and year above written _ �VvryVPIERR NOTARYINANCV O ww o. Ne* Notary Public State of New York Sullivan County Clerk s No 2395 Commission Expires July 8 2000 CERTIFICATION I JOSEPHP LOUGHLIN Secretary of FRONTIER INSURANCE COMPANY of Rock Hill New York do hereby certify that the foregoing Resolution adopted by the Board of Directors of this Corporation and the Powers of Attorney issued pursuant thereto are true and correct and that both the Resolution and the Powers of Attorney are in full force and effect 21n Wituese 3Nhereof, I have hereunto set my hand and affixed the facsimile seal of the corporation this 2nd day of March 19 99 `,,ORAN,, +(IWp o^YOgq 00 S v z N.o^ *PJOSEPZUGHLIN Secretary 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 noti`Ication 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 AM 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 officials, agents, employees and volunteers, or, the contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses AAA00350 REVISED 10/12/94 [•1161 Insurance Requirements Paige 2 officials, agents, employees and volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. • Liability policies shall be endorsed to provide the following: •• Name as additional Insured the City of Denton, its Officials, Agents, Employees and volunteers. • • That such Insurance is primary to any other Insurance available to the additional Insured with respect to claims covered under the policy and that this insurance applies separately to each insured against whom claim is made or suit Is brought. The inclusion of more than one Insured shall not operate to Increase the Insurer's limit of liability • All policies shall be endorsed to provide thirty(3O) days prior written notice of cancellation, non -renewal or reduction in coverage • Should any of the required Insurance be provided under a claims -made form, Contractor shall maintain such coverage continuously throughout the term of this contract and, without lapse, for a period of three years beyond the contract expiration, such that occurrences arising during the contract term which give rise to claims made after expiration of the contract shall be covered. • Should any of the required insurance be provided under a form of coverage that Includes a general annual aggregate limit provid'ng 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. AAA002E0 REVISED IM2194 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 [XI A General Liability Insurance: General Liability insurance with combined single limits of not less than 1,000.000 shall be provided and maintained by the contractor The policy shall be written on an occurrence basis either in a single policy or in a combination of underlying and umbrella or excess policies If the Commercial General Liability form (ISO Form 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 Liaodity 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 (XI 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 AAA00350 REVISED 10/12/94 CI-3 Insurance Requirements Page 4 operation, maintenance and use of all automobiles and mobile equipment used in conjunction with this contract Satisfaction of the above requirement shall be in the form of a policy endorsement for any auto, or all owned, hired and non -owned autos IX] 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) I 1 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 "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 1 Fire Damage Legal Liability Insurance Coverage is required if Broad form unavailable to the contractor or if a City building Limits of not less than AAA00350 General Liability is not provided or is contractor leases or rents a portion of a each occurrence are required REVISED 10/12/94 CI-4 Insurance Requirements Page 5 I 1 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 1 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 REVISE0 10/12/94 CI-5 Insurance Requirements Page 6 ATTACHMENTI [XI 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 entitles 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 C The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract 0 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 AAA00350 REVISED 10/12/94 Cl - 6 Insurance Requirements Page 7 E The contractor shall obtain from each person providing services on a project, and provide to the governmental entity (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project, and (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project F The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter G The contractor shall notify the governmental entity in writing by certified mad or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project H The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage 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 01 1(44) for all of its employees providing services on the project, for the duration of the project, (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project, (3) provide the contractor, prior to the and of the coverage period, a new AAA00360 REVISED 10/12/94 CI-7 Insurance Requirements Page 8 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 mad or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project, and (7) contractually person as required by parag aphs1)— )(7,Iwith the certificates th whom it sof coverage to be provided to the person for whom they are providing services J By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self - insured, with the commission's Division of Self -Insurance Regulation Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions K The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity AAA00350 Cl _ REVISED 10/12/94 M66h IVFD 3 23 99, l! 04, 040 340 7302 •> DENNTON-CITV'ACCTO, M2 xAR 26 99 t7.1) 13 14 CITY 0 DEN70N PURCHADINO 040 940 7902 PAot 2/2 Ramey L Kv d 9#428/09 11tai PAGE 2/2 RightFAX s King Insurance wth I-BSE, Suite A 10 YX 76205•7029 aft D E R construction Ca Inc Dan Richards P 0 Box 62a Denton. 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REt 1 I LIES BE CANCELLED, NONRENEWRD OR REDUCTION IN COVERAGE REPOSE THENDF, THE I ING COMPANY WILL SEND 30 DAYS WR"Tp NOTICE TO THE CERTIPIGTE l CENTER PARKING LOT. CITY OF DENTON 15 NAMED ADDITI"AL INSURED EXCEPT WORK COMP city of Denton WAR ToMaSiStreat Denton. TX176201 eN■we AMr ar rxt AMV ■ Maal■■I10 rorma M oAllae►vm aaloaa+la 11MO A M oATatM■IlaOr, nelawus aarlurwaaMMN46B6Bfew �4_oLwwAlrree IlmloawnaounawAnawaprra■owna�s►r. L