1998-001AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD
OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS FOR CONSTRUCTION OF
BANNER, ULAND, PAVING IMPROVEMENTS AND STROUD-PIERCE PAVING TO DBR
CONSTKZICTION, IN THE AMOUNT OF $103,74800, PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING FOR AN EFFECTIVE DATE
(BID #2133-BANNER, ULAND, STROUD & PIERCE STREET PAVING)
WHEREAS, the City has sohclted, received and tabulated competitive bids for the
constmcUon ofpubhc works or improvements m accordance w~th 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 pubhc 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
~ That the following competitive bids for the construction of public works or
improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and speclficataons 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
I~ID
NUMBER ~ ~
2'133 DBR CONSTRUCTION $103,748.00
~ That the acceptance and approval of the above compeUtlve bids shall not
constltule a contract between the City and the person submitting the b~d for construction of such
public works or improvements hereto accepted and approved, until such person shall comply with
all requirements specified in the Notate to Bidders including the timely execution of a written
contractl and furnishing of performance and payment bonds, and insurance certificate after
nouficat~on of the award of the bid
~ That the City Manager ~s hereby authorized to execute all necessary written
contracts for the performance of the constmctaon of the public works or improvements m accordance
wath the bads accepted and approved herein, provaded that such contracts are made m accordance
with the Notate to Badders and Bad Proposals, and documents relating thereto specifying the terms,
conditions, plans and specfficataons, standards, quantities and specified sums contmned therean
~ That upon acceptance and approval of the above competitive bids and the
executaon of contracts for the pubhc works and improvements as authorized hereto, the Caty Council
hereby authorizes the expendature of funds m the manner and ~n the amount as specified m such
approved~bads and anthonzed contracts executed pursuant thereto
~ That tlus ordinance shall become effective ammedlately upon ats passage and
approval
PASSED AND APPROVED this the ~ day of
998
JAC~fLLER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
A'I-I'ACHMENT # 1
TABULATION SHEET
BID # 2'133
BID NAME BANNER, ULAND, STROUD JAGOE DBR
& PIERCE ST PAVING PUBLIC CONSTRUCTION
DATE 18-Nov-97
t TOTAL BID AWARD $12,274 00 $103,748 00
BID BOND YES YES
CONTRACT AGREEM = -T
STATE. OF TEXAS ~
COUNTY OF DENTON ~
THIS AGREEMENT, made and entered into ~his 6 day of
JANUAI~ A.D., 19 98 , by and between
CITY OF DENTON
of the County of DENTON and State of Texas, acting
through T-~ BBN~VIDES
thereunto duly authorized so to do, hereinafter termed "OWNER," and
DRR CONSTRIICTION
2301 HINKI~ 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 ~he payments and
agreements hereinafter mentioned, to be made and performed by
OWNER, and under the conditions expressed in ~he bonds attached
hereto, CONTRACTOR hereby agrees with OWNER to commence and
complete performance of the work specified below:
BID # 2133 - BANNERo(~.&ND, STltOUD & PT~o~- STREET PAVING
in the amount of ~103~748.00 and all extra work in
connection therewith, under the terms as stated in the General
Conditions of the agreement; and at his (or their) own proper cost
and expense to furnish all materials, supplies, machinery,
equipment, tools, superintendence, labor, insurance, and other
accessories and services necessary to complete the work specified
above, in accordance with the conditions and prices stated in the
Proposal attached hereto, and in accordance with all the General
Conditions of the Agreement, the Special Conditions, the Notice to
Bidders (Advertisement for Bids), Instructions to Bidders, and the
Performance and Payment Bonds, all attached hereto, and in
accordance with the plans, which includes all maps, plats,
blueprints, and other drawings and printed or written explanatory
matter thereof, and the Specifications therefore, as prepared by
C?~VOF ~ENTONENGIN~INGANDTI~ANSPORTATION DEPARTMENT
all of which ara made a part hereof and collectively svxdence and
constitute the entire contract.
Indenendent 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 e~pressly understood that Contractor shall
perform the services hereunder according to the attached
specifications at the general direction of the City Manager of the
City of Denton, Texas, or his designee under this agreement.
Contractor shall and does hereby agree to indemnify and hold
harmless the City of Denton from any and all damages, loss, or
liability of any kind whatsoever, by reason of injury to property
or third persons occasioned by any error, omission or negligent act
of Contractor, its officers, agents, employees, inviteea, and other
persons for whom it is legally liable, with regard to the
performance of thisAgreement, 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 Verbs
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 thls
contract, such payments to be subject to the General and Special
Conditions of the Contract.
IN WITNESS WHEREOF, the parties of these presents have
executed this agreement in the year and day first above written.
ATTEST: _~
(SEAL)
/jEST:
~ ~!~~ DBR CONSTRUCTION
CONTRACTOR
MAILING ADDRESS
~'PHON~ NUMBER
TAX ~B~ / )
PRINTED N~E
APPROVED AS TO FORM j (SEAL)
City AttS'r~e~-'
AAAO184D
Rev. 04/05/96
CA - 3
PROPOSAL
TO
THE CITY OF DENTON, TEXAS
FOR ~ CONSTRUCTION OF
BANNER, ULAND, STROUD AND pII~RCE STREET PAVING
IN
DENTON, TEXAS
The undersigned, as bidder, declares that the only person or parUes interested in this pwposal
as pnncipals are those named hereto, that tins proposal is made without collusion vath any other
person, firm or coxporaUon; that he has carefully examined the form of contract, NoUce to
Bidders, specifications and the plans therein referred to, and has carefully examined the
locaUons, conchUons, and classes of materials of the proposed work and agrees that he wall
provide all the necessary labor, machinery, tools, apparatus, and other items incidental to
construction, and vail do all the work and furmsh all the materials called for m the contract and
specificaUons m the manner prescribed hereto and according to the requirements of the City as
therein set forth
It is understood that the following quantifies of work to be done at unit pnces are approximate
only, and are intended prmcupally to serve as a guide m evaluaUng bids
It is agreed that the quantities of work to be done at unit prices and matenal to be furmshed may
be increased or chnumshed as may be considered necessary, m the opinion of the City, to
complete the work fully a.s planned and contemplated, and that all quanuues of work whether
mcreased or decreased are to be performed at the umt prices set forth below except as provided
for m the specifications.
It is further agreed that lump sum prices may be increased to cover addmonal work ordered by
the City, but not shown on the plans or requh-ed by the specifications, m accordance with the
provisions to the General Conditions Sinularly, they may be decreased to cover deleUon 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.
Accompanying th~s proposal is a certified or cashier's check or Bid
Bond, payable to the Owner, in the amount of fave percent of the
total bid.
It is understood that the bad security accompanying this proposal
shall be returned to the bidder, unless in case of the acceptance
of ~he proposal, the bidder shall faal to execute a contract and
fale a performance bond and a payment bond wi=hah fifteen days
after its acceptance, in which case the bid security shall become
the property of the Owner, and shall be consadered 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 any and all bids. Owner may investigate the prior
performance of badder on other contracts, either public or private,
in evaluatang bad proposals. Should badder alter, change, or
qualify any specification of the bid, Owner may automatacally
disqualify bidder.
The undersigned hereby proposes and agrees to perform all work of
whatever nature requared, in strict accordance wath the plans and
specafications, for the following sum or prices, to wit:
P - 2
WORK DAYS 40
BID NO 2133
BANNER AND ULAND PAVING PO NO
BID TABULATION SHEET
3-B Remove Concrete Curb & 22 LF $ 10 o~LF $ 220 oo
(]utter
URlt PricO In Words' Ten Dollars & Zero Cents*
Umt Price m Words: Fifteen Dollars & Zero Cents*
3 3 Um~l.~,~ F. xcavauon 530 CY 7 oo/cY $ 371o oo
Umt Prico In Word~ Seven Dollars & Zero Cents*
Subsrade
Umt Price In Words' Three Dollars & Fifty Cents*
6-B Hydra~d hme 20 TN $ 100 oofrN $ 2000 oo
U~t Pnce In Words: One Hundred Dollars & Zero Cents*
Umt Price m Words. Seven Dollars & Seventy Cents*
; 7-B l'/a Asphalt Pavement 985 SY $ 4 oo/SY 3940 00
U~lt Price In Words: Four Dollars & Zero Cents*
5 7-C Pavement 9 $ lOO oo/TN $ 900 oo
Umt Pnce In Words: one Hundred Dollars & Zero Cents*
8.2-A Conc~ Curb & O,,---r LF $ 9 00/LF $ 10,80(
Unit Price in Words: ' Dollars & Zero Cents*
2-B Concrete Pavement 6" 44 SY 30 oo/SY $ 1320 00
Umt Price In Words: Thirty Dollars & Zero Cents*
8 3 6" 39 $ 30 00/SY $ 1170 00
Umt Price In Words' Thirty Dollars & Zero Cents*
P-3
WORK DAYS 40
BID NO 2133
BANNER AND ULAND PAVING PO NO
BID TABULATION SHEET
SP-15 Adjust Valvo 2 F_.A $100.00/Ed $ 200 oo
U~lt l~l~ IR Wolds: One Hundred Dollars & Zero Cents*
37 t Comr'm-¢'~d Fill 50 ICY I$ 5 00/CY I$ 250.0C
Ulllt PllC~ 1/1 WOldS: Five Dollars & Zero Cents*
SP-43 [ As~h,lt Saw Cut 59 [ LF [ $ 2 00/LF [ $ 118 0C
Umt Prlc~ m Wolds' Two Dollars & Zero Cants*
SP-27 I Relocate Water Meter 2 I Ed }$ 200 o0/Ed 15 ,4oo o¢
UIllt PrlC~ m Wolds. Two Hundrad Dollars & Zero Cents*
3 10.7 618 SY $
U~t P~c~ ~ Wolds: ~;0 Dollars & Zero Cents*
1 21 Warranties and LS $6185 70/LS $ 6185 7<
Umt Price m Wolds: ]six Thousand One Hundred Eighty Five Dollars
& Sevent~ Cents*
Four Thousand One Hundred Twenty Three Dollar~li
Umt ,l~nce m Wolds: cants*
3.12 ro_-m!on Control - LS
Umt Price m Wolds: Hundred Dollars & Zero Cent s*
8 1 Barricade~, Wanung Signs LS $1ooo OO/LS $ looo o~
and D~toura
Ulltt Prl~.,~ Ltl ~OldS One Thousand Dollars & Zero Cents*
SP-39 2 F.~ $ 2oo oO/£A $ 4oo 0¢
Utllt l~lC.~ in Word~: Two Hundred Dollars & Zero Cents*
TOTAl, $ 51,548 00'*
Y
Total Pnc~ m Words Cents**
P-4
WORK DAYS 29
BID NO 2133
~TROUD AND PIIERC~ STREET PAVING PO NO
BID TABULATION SHEET
I'I~M DE,~CRI~t'ION QUAN'I-t-I-Y UNIT PIMC~ TOTAL
SP~ ~scbme 8 $ 400 00/~ $ 3200 oo
U~t ~ ~ ~O~d~: Four Hundred Dollars & Zero Cents*
. }, o0oo
U~[ P~ ~ Wo~d~. seventy Five Dollars & Zero Cents*
U~t P~ m Wo~d$: ~o Hundred Dollars & Zero Cents*
5 7-A (] 17~ $ ~0
U~ P~ ~ Word~ Forty Dollars & Zero Cents*
7~ ~ 4o
U~t P~ m Word~. Forty Dollars & Zero Cents*
3 10 7 ~0 SY
U~t P~ m ~o~ds ~o Dollars & Zero Cents*
1 21 ~'~ W~ ~d ~ 8700 oo/~ 870o oo
Eight ~ousand Seven Hundred Dollars &
Umt P~ m Word~. zero cents*
8 1 ~, W~g Sign% ,ooo oo/~ [ooo oo
~d DeWum
U~t P~ m Words: one ~ousand Dollars & Zero Cents*
SP-39 2 ~ $ 20o oo/~ $ ~oo oo
U~t ~ m Wolds ~o Hundred Dollars & Zero Cents*
8 2-A Cu~ ~d O~~ 1~ $ 900/LF $ 900 oo
Dollars & Zero Cents*
U~t ~ ~ Words: ,
3-B ~.mnve C~ ~d Ou~ar 1~ LF $ 10 00/LF ~ooo oo
U~[ ~ ~ Wot~: Ten Dollars & Zero Cents*
~T~ $ 52,200 00'*
~o ~ousand ~o Hundred Dollars &
TO~ ~ m Wotd~ zero Cents**
P-5
BID $1.FMMARY
TOTAL MID PRICE ~q WORDS *One Hundred Three Thousand Seven Hundred
Forty Eight Dollars and Zero Cents*
In the event of the award of a contract to the tmdemgned, the undemgned will fi~'msh a
performanco bond and a payment bond for the ~ araount of the contract, to secure proper
comphanco wtth the terms and provmons of the contract, to insure and guarantee the work unul
final completion and acceptance, and to guarantee payment for all lawful clmms for labor
performed and materials furnished in the fiflfiliment of the conwact.
It xs understood that the work proposed to be done shall be accepted, when fully completed and
fimshed in accordance with the plans and specxficatxons, to the sausfacuon of the Engxneer
The undermgned eerUfies that the bid pnees contained m thxs proposal have been carefully
cheel~.ed and are submitted as correct and final.
Unxt and lump-sum pnces as shown for ~,~-h xtem listed m this proposal, shall control over
extensions
DBR Construction C_o~any, Inc
CON.ACtOR
Don Richards
2301 Hinkle Dr
Street Address
Denton,TX 76201
City and
Seal & Autho~*~on
(If a Corpol~tion) 940/~383-3007
Telephone
B-!
pI1Oj"ECI' WORK DAYS BID
1 Banner/Uland Pawng 40 $ 51,54s 00.
2 Stroud/P~¢rcc Street Paving 20 $ 52,200 00.
3 TOTAL 50 $103,748.00'*
Award of the b~d wall be based on the total The projects are being separated for bookkeeping
purposes only
B-2
DQBB H~ ~ND, ~ND Off A~H ~E COVEraGE A~O~OED BY ~E
RAM~ & ~NQ INSUflANOE ~UOmS B~W
~ & ~ ~ k COMPANIES A~OflDING COVERAGE
PO~x~ I c~ O
~1~ I~ ~ c~ ~T ~E ~U~l~ DF IN~CE ~ B~ HA~ B~ 18SUED TO ~E INSUH~ N~ED ~VE ~R ~E ~ ~RIOD
INDICA~D NO~aT~DING ~Y REQUI~M~T ~M OR c~Dm~ OF ~Y OO~ OR O~ER D~UM~ ~ R~MCT TO WHICH
CE~FICA~ MAY ~ i~U~ O~ MAY ~NN ~E INSU~CE ~PORO~ BY ~E ~CI~ OMCm~D H~EIN IS ~ECT TO ~ ~E
~CL~ION~ ~D CoNomoNI ~ IUCH POUCI~ UMIT~ aH~ MAY HAVE BEEN R~UC~ BY PND C~MS
B ~ ~ BINOB~APPU~ON 1111~7 11/1~ c~t~o st~a~ s
C ~ 8BP1~7419 ~OT~7 ~07~ ~ A~ S
........ ~ i~OU~ ~Y ~ ~E ~OVE o~c.~s~o ~uc~ eE CANCE~0 ~
~'~' ~pI~ON DA~ ~E~EOF ~E 15SUING COMPANY WI~ ~D~V~ TO
~IB T~ S~ ,~ '~ UABIU~ OF ~Y KINO U~N ~E COMPLY, I~ A~E~ OR REPR~TA~V~,
BOND PREMIUM BASED ON
FINAL CONTRACT PRICE . O UV[ANC BO 'I) .o.
~ STA~ OF ~ ' ~ ~ ~ ~ (~) o~
CO~ OF D~ON '
~OW ~L ~ BY THeE P~S~S ~t DBR CON~U~ON, who~
Sta~ of ~, ~d ~ly au~o~ ~ ~t b~ss m ~e S~ often, ~ S~, ~ held
~d ~y ~d ~o ~e C~ ofD~ a mm~lp~ co~on ~ml~ ~ ~nE
~ws of ~ S~e ofTe~, h~ oall~ ~, in ~e p~ s~ of
O~ H~RED ~E THOUS~D SE~N ~B~D ~R~ EIGHT
~193J48.~) plus 10 p~t of~e ~at~ p~ ~ ~ m ~tio~ s~ ofmon~
addi6o~ ~ exist, ~s' f~ ~ ~q~dal~ ~l~ msm8 out of or
~ below ~fied Con~o~ m law~ mon~ of ~e Umi~ Sta~, ~ be pdd m D~ton Co~ty,
T~, for ~ parrot of w~ s~ ~l ~d ~y ~ ~ ~ ~ ~by bi~ o~elv~ o~ h~
~ut~, ~s~, sudsy, ~ ~, jointly ~d ~v~lly, fi~ly by ~ p~s~ts,
~s Bond ~ll an~mattc~ly be m~ by ~e ~o~t of~y ~ga ~ or Su~l~t~
~t wh~ ~ ~e ~n~t pn~ ~t m ~ ~t ~l a ~ ~ or
A~t w~h ~s ~e Cun~ct price d~e the p~ ~ of ~s Bond
~ OR~GATION TO PAY S~ ~s wndmon~ ~ ~llows ~, th~ Prmc~p~
~t~ rote a cern Con~q ~d~hfi~ by ~m~ce Numb~ ~8~01~ wl~ ~o City of Dmto~
· e ~, ~t~ ~e 6 ~y of ~Y ~D, l~, a copy ofw~ch is h~ ~h~ ~d
a ~ ~ ior B~ i 1111 - B~NE~ ~ STRO~ & P~R~ ST~ET PA~GL
NOW, THEREFORE, if the Pnnclpal shall well, Italy md fa~thfully pcrfo~u~ and fulfill all
of the undertakings, covcnsnt~ terms, conditions and agreements of smd Contract tn acconiancc with
the Plans,,Speciflca~ons and Contract Documents during the original term thcrcof and any extension
thereofwhdi may be granted by the Owner, w~th or vathout notice to thc Surety, and during the hfu
of any guaranty or wananty required under this Conlract, and shall also wcll and truly perform and
fulfill alii the undertakings, covcnan~ terms, conditions and agrecmcnta of any and all duly
authonzcd modificahons of said Contract that may bott, after be madc, not,cc of wluch mochficauons
to the Surety baltlg hereby waived, and, ifthe Pnnclpal shall repair and/or rcplace all dcfccts duc to
faulty materials and workmanship that appear vaflun a penod of one (I) ycar from the date of final
complehon and final acccptance of the Work by thc Owner, and, If the Principal shall fully
Indenmify and save harmless the Owncr from ail costs and damages which Owncr may anffcr by
reason of fadurc to so perform hereto and shall fully rc~mbursc and repay Owner all outlay and
expense which thc Owner may Incur in malon§ good any dcfault or deficiency, then flus obligation
shall be void; othcrwtse, It shall rcmain in full force and effcct
PERFORMANCE BOND - Page 1
PROVIDBD IA~I~ thet ~f sn~ lo,ti action be fll~ u~n ~s Bon~ ~ct~ve vcn~
~1 he m ~ ~, S~ of T~
~ P~O~ ~ ~ ~ ~d S~, for ~ ~ b~y s~ ~d
a~ ~[~ ~ ~on of ~, ~ or ~tl~ ~ ~ ~s of~c Con~ ~ ~ ~c
Wo~ W be p~ ~, ~ ~ ~ P~, Sp~fl~go~ D~ ~, ~~ ~c
ch~ge, ex--on of ~e, ~Bon or ~Hon ~ ~ ~ of ~ ~n~2 or ~ ~c Wo~ ~ bc
p~o~,i~=, or ~ ~e PI~, Spitfires, ~np,
~s Bo~ ~ ~v~ p~t to ~c pw~sio~ of~t~ 2253 of~c T~ ~v~cnt
C~e, ~ ~ ~d ~y o~ applic~lc ~t~ of ~e S~te of Te~
R~id~t ~t m DE~ON Co~ ~ w~m my ~ p~h~s may be ~lv~ ~d on whom
~ of~ my ~ ~ m ~ ~ out of~h a~p, ~ ~ by ~clc 7 19-1
of ~e ~ce Code, V~Ms ~otat~ Ct~l S~t~ of ~e S~e of T~
~ ~SS ~OF, ~s ~ ts ~u~
P~C~
ee~ ~s~o~ ~i~c
A~ST: S~
~L ~Z~ ~OS
-- A~-~-FACT
~y R Za~rek
~llin
~e R~t ~ of~e S~ m~ Co~, T~ for dchv~ ofnofice ~d ~tce
pm~s
ST~ET ~SS ~ Preston ~ed, Dallas, ~
~OTB Date of P~o~ Bond m~ bc d~ of Con~t If Resedit Ag~t
~o~tio~ ~ve a p~n'a ~e.)
BOND - Page 2
BOND PREMIUM BASED ON
FINAL CONTRACT PRICE NO. '729572
TI~ STAT~ OF TEXAS ' sow ~ ~N mu~ (~) o~
CO~ OF DE~ON '
~L ~ ~OH , a ~mflon o~z~ ~d ~stm8 ~ ~ laws of ~c
~ offS, ~ ~ly ~ ~ ~t b~a~ ~ ~e S~tc ofT~ ~ S~, ~ held
~ ~y bo~ ~ ~ Q~ or.mm a m~c~ ~on or~z~ ~d ~i~ ~d~ the
laws olde, State ofT~ hcm~ ~ ~, md ~ ~ p~, ~. ~d ~mtmns
~o may ~sh ~s for, or pc~o~ ~r u~ ~ bml~ or
~E~ EIGHT and n~0~ ($103,7~00) m ~l ~y of~c
D~n Co~, T~, for ~e pa~ent of w~ch ~ well ~ ~y to be
by ~ese ~, ~ Bond s~l a~o~c~ly be m~ by
~ S~I~I ~ ~ch ~s ~e ~t ~ ~t m no ~mt sh~l a ~c ~cr
or ~ppl~ ~t wMch ~ ~ C~t pnce d~e ~c p~
T~ OBLIGA~ON TO PAY S~ is ~ndihon~ ~ follows ~ ~e Pn~ip~
~tc~ in~ a c~n ~n~ct, l~nhfi~ by 0~n~c N~b~ ~01, ~ ~c Ctty of D~to~
a p~ he.f, for 8~ ~ 21~ - B~[~ ~, STRO~ & PIERCE S~ET PARC.
NOW, ~O~, tf ~c Pnncip~ sh~l well, ~ly
mnke prompt pa~t to ~ p~o~. fi~s, su~n~to~ co~omBons
l~r ~or ma~ Jn ~ pms~u~on of~e Work ~ for m ~td Con~t ~d ~y ~d all
duly au~nz~ ~lficahons of ~td ~n~ct ~at ~y h~ea~ bc m~c, ~ttcc of which
modtfica~o~ ~ ~ S~ bet~ h~by cxp~sly wave~ ~cn ~s obhg~on ~II bc vmd.
o~lse it ~all ~n m ~1~ fo~ ~d ~t
~e m D~n Co~, T~.
A~ PRO~ ~ ~ ~e smd S~, for
a~ ~ no c~, ~ton of ~ ~t~on ~ ~flon
Wo~ p~o~ ~d~, or to ~c PI~. S~tfi~ao~ ~mn~,
s~ll m ~se affcct t~ oblisahon on ~s Bond, ~d tt d~s he~y wave ~ttcc of
ch~c, ~ston o[hmc, alte~hon or ~on to ~c ~[f~ of~e
p~o~ ~cm~d~, or to ~c Pi~s, Sp~tfi~o~, Drawings, e~
PAYMENT BOND - Page 1
Thts Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government
Code, as amended, an~ any othe~ spphcablo statutes of the Stat~ of Texas
The ~undermgned and demgnated a~ent tn hol~by des~nated by the $un~ty herein as the
Remdcnt Agent tn DENTON Comity to whom a~y reqmmte nohce~ may be delivered and on whom
scrwcc of process may be had in matters msm~ out of such suretyalup, as provided by Ar~ole 7 19-1
of the Insurance Code,, Yin'hen's .Annotated Ctvll Statutes of the State of Texas.
1~ WITNESS WHI~OF, this mstnunent i6 executed m 4 copies, each one ofwMch shall
be deemed an ot//pnal, this the 6 day of JANUARY, 1998.
ATTEST PRINCIPAL
DBR ~ONS't~ON KeN?ANYI XI~.
SECRETARY ~/ Don l~chards
CAPITOL II~}l~4NI~ CORPOP, A1XON
Kathy R. Zacharek
Collin
Thc Restdcnt A~ent of the Su,'~y m ~ County, Texas for dchvery of not~ce and servtcc of thc
process ts.
STREET ADDP~SS: 1.777/* Preston Road, Dallas, ~X 75252
(NOTE Date o£Payme~t Bo~d must be date of Contract IfRestdcnt Agent ts not a
corporahon, ~v¢ a person's name )
pAYMENT BOND - Page 2
IMPORTANT NOTICE
To obtain ~nformabon or make a complaint
You may contact the Texas Department of Insurance to obtain ~nformabon on
companies, coverages, nghts or complaints at
1-800-252-3439
You may wnte 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 d~spute concerning your premium or about a claim, you
should contact the agent or the company first If the d~spute is not resolved, you
may contact the Texas Department of Insurance
ATTACH THIS NOTICE TO YOUR POLICY.
Th~s nobce ~s for mformat~on only and does not become a part or cond~bon of the
attached document
IIqDEMI ITY CORPORATIOI
4610 UNIVERSITYAVENUE SUITE 1400 MADISON WISCONSIN 53705 0900
PLEASE ADDRESS REPLY TO PO BOX 5900 MADISON WI 53705 0900
PHONE (608) 231 4450 ° FAX (608) 231 2029
POWER OF ATTORNEY No 4 ~ 2 '~ ~
K~i~--~A ~, th~ ~ ~. That the CAPITOL INDEMN~ CORPORATION, a c°~r~t[°n
of the State o~ W~"~ ~g ~ts pnn~lpal ~fficee~n t~e Olt~ of Mad:so., W~s~nsm, does make, Constitute a o ~o
............ .................
............ ..-~Y ~, ZA~ ~ ZACH~K,S~ ~ ~c~ ..............
..... ~'~ ....... ~- f'~t ~o m~e, execute', s~l and de ~ver for a~d on ~tS behalf, as surety, and as ~ts ac~
I~S ~Ue arc laW~l ~ rf~y~)~rt- ~ ~ ·
and deed, any an~e~ds, ~Rakings ~d eq~tra~ts of suretyship, prowded that no bond oi u~deRaking or contract
of suretyship execSt~ ~nde~;this aathorit~ shall~X~ in amount the sum ~f
N~ ~ ~XC~S~ $5,~,~,ou .......................................
by facsimile under and by the authority of the following
Th~s Power ~APITOL INDEMNITY CORPORATION at a meeting duly celled and
I VIce Prestdent~ the Cecret~ or Treasurer actm9 ~ndtwdua~ly or othe~se be and they hereby are gr~nted
~ a Power of ~o~y for ~he put.sas O~ Y o executing and attesting bends and unde~ak~s and other
~e ~wer [~ nr m~r~ r~id~t ~c~Dre~de~ts ass~stan~ secretaries and attorney(s) m fact, each ap~[ntee to.hav~
wntmgs ~.e ~,~.~,~,~; ~¥f t~om~nv ~e ~onature Of su~ o[hcers and seal of the Company may be a~hxea
the ~wers "~l[~ ~;~ '" ;~'~f~j~[e un'any su~ p~wer o a~ney or ce~flcate bearing such
to ~ ....... " ......... '~anv ~fid anv such power so executed and ce~fled by facsimile signatures
~e-~u~e w~th re~pect t6 any bond or unde~akmg or ~ther writing ~bhgatory ~n the
n~ture t bemvoked, for cause or wt~out cause by any ~ said omcem at any eme
,~, .,,=~=ee ~EREOF the CAPITOL INOEM~ITY CORPORATION has c~used thee pr~s~q~ m.b~
Its offi;;; ~;~;;~"~;diE 60;~rate seat to ~ere~o a. lXed duly attested by ,tS secretary, thls~ st oay o,
~ CAPITOL INDEMNITY CORPORA~ON
STATE OF W~sc~Ns N }
COUNTYOF >J
..... ~ . ~,.a ~n ~eeR ~faremeDersonalvcameGeo~eAFalt. tomeknown.whobe~n~bymedu~
sworn d~d depo e ~d ~Y~ ~at he ~e~[des ~ the C~unW of Dane, State of W~sconsm, tha{ he ~s the President o~
he knows the sect O~ t~ s8 o cot~oraaeR, t~at ~ sea~ amx~u ~u -~, ......... ; ~-,,. ,.. ~ '.~ ......
affixed by order o~ the 8o~ ~f Dtr~ors ~f sa~o~or~t on ~d that ~e s~gne~ n s name mere~o ~y ,~e
STATE OF w~sdo~. ~
~ Hans
COUNTY OF DANE~ ~~? ~w Uy Comm~sion is Permanent
CERTIFICATE
I, the undersigned, d ly elected to ~eroffi~e stated below, now the ~ncumbent m CAPITOL INDEMNITY
~Wlscgn~,C~ora~lon,~., ~utbor~zed to make th~s ce~fl~te, DO HEREBY CERTIFY that the foregoing
CORPORATIONa~a~hed Power ~ Afforney~maios ~n f~ll f~e and has not been revoke, and f~dhermore that the Resolution of the
B~rd of D~recto~ ~;S~fe~i~ theP~r of A~om~ Is now~fl force ,19
' ~P~ Paul J BreWer Treas,rer
Tbs pow, r I,~l~d ~ly If th,' p~ of a~ey nU~bDr ,r),t;~ppe. right ha,d corner appears in red Ph~t~?~?s ea~o?.~op~? or
reproduetions~;e~nbt~. ~g ~ the core,ny In~ ~mg th{s p~r of a~omey m~y be Umrected to the uona ~an~er al tne ~ome
CITY OF DENTON
INSURANCE REQUIREMENTS FOR CONTRACTORS
Bidder's attention ~a 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 aa prescribed and provided herein If an apparent Iow bidder fails to
comply strictly with the Insurance requ;rements, 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:
W~thout hm~ting any of the other obhgat~ons or I~ab~ht;es of the Contractor, the
Contractor shall prowde and maintain until the contracted work has been completed
and accepted by the C~ty of Denton, Owner, the m~n~mum ~nsurance coverage as
~nd~cated hereinafter.
As soon as practicable after notification of b~d award, Contractor shall file w~th the
Purchasing Department satisfactory certificates of ~nsurance, containing the b;d
number and t~tle of the project Contractor may, upon written request to the
Purchasing Department, ask for clarification of any ~nsurance requ,rements at any
time, however, Contractors are strongly adwsed to make such requests prior to b~d
opening, s~nce the ,nsurance requirements may not be modified or waived after b~d
opening unless a written exception has been submitted w,th the b~d Contractor shall
not commence any work or deliver any material unt,I he or she receives notification
that the contract has been accepted, approved, and signed by the City of Denton
All ;nsurance pohc~es proposed or obtained ~n satisfaction of these requirements shall
comply w,th the following general specifications, and shall be maintained ~n
comphance with these general specifications throughout the duration of the Contract,
or longer, ~f so noted
· Each pohcy shall be ~ssued by a company authonzed to do bus;ness ~n the
State of Texas with an A M Best Company rating of at least A
· Any deductibles or self-~nsured retentions shall be declared ~n the b~d
proposal If requested by the C~ty, the ~nsurer shall reduce or ehm~nate
such deductibles or self-~nsured retentions w~th respect to the C,ty, ~ts
AAA00360
REVISED ~0/~2~4 CI - I
Insurance Requirements
Page 2
officials, agents, employees and volunteers; or, the contractor shall procure
a bond guaranteeing payment of losses and related ~nvestlgations, claim
administration and defense expenses.
· Liabihty policies shall be endorsed to provide the following:
ee 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 ~ncrease the insurer's limit of liability.
· All policies shall be endorsed to provide thirty(30) days prior written notice
of cancellation, non-renewal or reduction in coverage.
· Should any of the required insurance be provided under a claims-made
form, Contractor shall maintain such coverage continuously throughout the
term of this contract and, without lapse, for a period of three years beyond
the contract expiration, such that occurrences arising during the contract
term which give rise to claims made after expiration of the contract shall
be covered.
· Should any of the required ~nsurance be provided under a form of coverage
that includes a general annual aggregate limit providing for claims
investigation or legal defense costs to be included in the general annual
aggregate limit, the contractor shall either double the occurrence limits or
obtain Owners and Contractors Protective Liability Insurance.
· Should any required Insurance lapse during the contract term, requests for
payments originating after such lapse shall not be processed until the City
race,vas 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.
REVISED 10112/84 C~ ' 2
Insurance Requirements
Page 3
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS:
All insurance policies proposed or obtained ~n satisfaction of th,s Contract shall
additionally comply with the following marked specifications, and shall be maintained
in compliance with these add~tional spec~fications throughout the duration of the
Contract, or longer, if so noted
[X] A. General Liability Insurance:
General Liability insurance with combined s~ngle hm~ts of not less than
$1.000.000 shall be provided and maintained by the contractor The
policy shall be written on an occurrence bas~s e~ther m a single policy or ~n
a combination of underlying and umbrella or excess pohc~es.
If the Commercial General Liability form (ISO Form CG 0001 current
edition) ~s used
· Coverage A shall ~nclude premises, operations, products, and
completed operations, independent contractors, contractual habllity
covenng this contract and broad form property damage coverage
· Coverage B shall ~nclude personal ~njury
· Coverage C, medical payments, ~s not required
If the Comprehensive General L~ab~l~ty form (ISO Form GL 0002 Current
Edition and ISO Form GL 0404) ~s used, ~t shall ~nclude at least'
· Bodily injury and Property Damage Liab~hty for premises,
operations, products and completed operations, independent
contractors and property damage resulting from explosion, collapse
or underground (XCU) exposures
· Broad form contractual llab~hty (preferably by endorsement)
covering this contract, personal ~njury hab~hty and broad form
property damage hab~ht¥
AAA003G0
REVISED 10112194 CI ' 3
Insurance Requirements
Page 4~
/
[X] ~utomobile Liability
Insurance:
:ontractor shall provide Commercial Automob;le Lmb;hW insurance w~th
:omb~ned Single Limits (CSL) of not less than ~1.000.000 rather ~n a
;ingle policy or ~n a combination of basic and umbrella or excess policies. The
~olicy will include bodily injury and property damage liab~hty arising out of the
3eratlon, mmntenance and use of all automobiles and mobile equipment used
conjunction w~th this contract
;atisfaction of the above requirement shall be ~n the form of a pohcy
~ndorsement for
any auto, or
all owned, h~red and non-owned autos
[X] Vorkers Compensat,on Insurance
:ontractor shall purchase and mmntmn Worker's Compensation ~nsurance
vh~ch, in addition to meeting the m~n~mum statutory requirements for ~ssuance
,f such insurance, has Employer's L~ab~l~ty hm~ts of at least $100,000 for each
ccldent, $100,000 per each employee, and a $500,000 pohcy hm~t for
,ccupatlonal disease. The City need not be named as an "Additional Insured"
~ut the insurer shall agree to wmve all rights of subrogation against the C~ty,
:s officials, agents, employees and volunteers for any work performed for the
:lty by the Named Insured For budding or construction projects, the
:ontractor shall comply w~th the prows~ons of Attachment 1 m accordance
wth §406.096 of the Texas Labor Code and rule 28TAC 110 110 of the Texas
Vorker's Compensation Commission (TVVCC)
[ ] }wner's and Contractor's Protective Llabd~ty Insurance
'he Contractor shall obtain, pay for and maintain at all times dunng the
.rosecutlon of the work under th~s contract, an Owner's and Contractor's
'rotectlve Llabihty insurance pohcy naming the C~ty as ~nsured for property
amage and bodily injury which may arise ~n the prosecution of the work or
ontractor's operations under th~s contract Coverage shall be on an
AAA003601
REVISED 11/12/~4 CI - 4
Insurance Requirements
Pag~ 5
"occurrence" basis, and the policy shall be ~ssued by the same insurance
company that carries the contractor's liablhty ~nsurance. Policy hmits will be
at least combined bodily injury and property damage per
occurrence with a aggregate.
[ ] Firo Damage Legal Liability Insurance
Coverage is required If Broad form General Liability is not provided or is
unavailable to the contractor or if a contractor leases or rents a portion of a
City building. Limits of not less than each occurrence are required
[ ] 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.
Budders' Risk Insurance
Builders' Risk Insurance, on an AIl-R:sk form for 100% of the completed value
shall be provided. Such policy shall :nclude as "Named Insured" the City of
Denton and all subcontractors as the:r interests may appear.
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 w~ll be described in the
"Specific Conditions" of the contract specifications.
REVISED I10112/94
Insurance Requirements
Page 6
ATTACHMENT 1
[X! Worker'e Compensation Coverage for Building or Construction Projects for
Governmental Entitles
A. Definitions.
Certificate of coverage ("certlflcate")-A copy of a certificate of ~nsurance,
a certificate of authority to self-~nsure ~ssued by the commission, or a
coverage agreement (TVVCC-81, TWCC-82, TWCC-83, or T~NCC-84),
showing statutory workers' compensation insurance coverage for the
person's or entity's employees provid~ng serwces on a project, for the
duration of the project
Duration of the project - ~ncludes the t~me from the beginmng 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 entlt~es 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. Th~s includes, w~thout limitation,
independent contractors, subcontractors, leasing compames, motor
carriers, owner-operators, employees of any such entity, or employees of
any entity which furnishes persons to prowde serwces on the project
"Services" include, w~thout hmltat~on, prowdlng, hauhng, or dehvenng
equipment or materials, or providing labor, transportation, or other serwce
related to a project "Serwces" does not include act~wtles 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 flhng of any overage
agreements, which meets the statutory requirements of Texas Labor Code,
Section 401 011 (44) for all employees of the contractor prowd~ng services
on the project, for the duration of the project
AAA00350
REVIEED 10/12/94 Cl - 6
Insurance Requirements
Page 7
C The Contractor must provide a certificate of coverage to the governmental
entity prior to being awarded the contract
D If the coverage period shown on the contractor's current certificate of
coverage ends during the duration of the project, the contractor must, prior
to the end of the coverage per~od, file a new certificate of coverage with
the governmental entity showing that coverage has been extended.
E The contractor shall obtain from each person providing services on a
project, and provide to the governmental entity:
(1) a certificate of coverage, prior to that person beginning work on the
project, so the governmental entity will have on file certificates of
coverage showing coverage for all persons prowding 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
penod 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 ~n writing by certified
mail or personal delivery, w~thln 10 days after the contractor knew or
should have known, of any change that mater~ally affects the prows~on 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
AAAOO3tIO
Insurance Requirements
Page 8
I. The contractor shall contractually requtre each person wtth whom ~t
contracts to provide servtces on a project, to'
(1) provtde coverage, based on proper reporting of classification codes
and payroll amounts and filing of any coverage agreements, whtch
meets the statutory requirements of Texas Labor Code, Section
401.011 (44) for all of tts 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 certlflcate of coverage showtng that coverage I$ being
provided for all employees of the person providing services on the
project, for the duration of the project,
(3) provtde the contractor, prior to the end of the coverage period, a new
certificate of coverage showing extenston of coverage, tf 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 tt 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 extenston of coverage,
prior to the end of the coverage penod, tf the coverage period
shown on the current certtflcate 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 enttty tn writing by certified marl or personal
delivery, wtthln 10 days after the person knew or should have known,
of any change that materially affects the prowston of coverage of any
person providing servtces on the project; and
AAAO0360
Insurance Requirements
Page 9
(7) contractually require each person with whom ~t contracts, to perform
as required by paragraphs (1} - (7), with the certificates of coverage
to be prowded 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 w~ll provide services on the project w~ll
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
w~th the appropriate insurance carrier or, in the case of a self-insured, with
the commission's Dlwsion of Self-Insurance Regulation Providing false or
misleading information may subject the contractor to administrative
penalties, crtmlnal penalties, civil penaltms, 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 ~f the contractor does not remedy the breach
within ten days after receipt of notice of b'reach from the governmental
entity.
AAA00360
REVISED 10112/94 CI - 9