1998-032AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD
OF A CONTRACT FOR PUBLIC WORKS OR IMPROVEMENTS FOR CONSTRUCTION OF
THE CIVIC CENTER PEDESTRIAN BRIDGE PROJECT IN THE AMOUNT OF $103,472 00,
PROVIDING FOR EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING FOR AN
EFFECTIVE DATE (BID # 2161 - CIVIC CENTER PEDESTRIAN BRIDGE PROJECT FOR
$103,472 00)
WHEREAS, the City has sohelted, received and tabulated competitive bads for the
construction ofpubhc works or improvements an accordance with the procedures of STATE law
and C~ty ordinances, and
WHEREAS, the City Manager or a designated employee has received and recommended that
the hereto described bids are the lowest responsible bads for the construction of the public works or
improvements described in the bad inwtatlon, bad proposals and plans and specifications therein,
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SEC~'ION I That the following compet~tive bids for the construction ofpubhc works or
improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on
file an the Office of the City's Purchasing Agent filed according to the bid number assigned hereto,
are hereby accepted and approved as being the lowest responsible bids
BID
NUMBER CONTRACTOR AMOUNT
2161 DBR CONSTRUCTION $103,472.00
~ That the acceptance and approval of the above competitive bads shall not
constitute a contract between the City and the person submitting the bad for construction of such
public works or improvements hereto accepted and approved, until such person shall comply with
all reqmrements specified an the Notate to Bidders including the timely execution of a written
contract and furmshmg of performance and payment bonds, and insurance certificate after
notfficatton of the award of the bad
~ That the City Manager is hereby anthonzed to execute all necessary written
contracts for the performance of the constmctaon of the public works or Improvements m accordance
with the bids accepted and approved herein, provided that such contracts are made m accordance
with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms,
conchtlons, plans and speefficat~ons, standards, quantities and specified sums contmned thereto
~ 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 expendature of funds in the manner and m the amount as specified m such
approved bads and anthonzed contracts executed pursuant thereto
~ That this ordinance shall become effective tmmedlately upon xts passage and
approval
,/
PASSED AND APPROVED this the /7'~---/'/day of/~f~d~/ .1998
JACK ~L~ER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
2161 CONTRACT ORDINANCE
TABULATION SHEET
ATTACI~NT # 1
BID # 216t ~
BID NAME CIVIC CENTER PEDESTRIAN~ ARCHITECTURAL JIM
BRIDGE PROJECT UTILITIES BOWMAN
INC CONST
DATE 3.Feb-98
# DESCRIPTION VENDOR VENDOR
I CIVIC CENTER PEDESTRIAN
BRIDGE PROJECT $119,000 00 $t26,000 00
ALTERNATE #1 DEDUCT DEDUCT
For Demolition & Removal of $760 00 $4,500 00
existing bridge
ALTERNATES # 2 DEDUCT DEDUCT
Eliminating 8 Specified light
, fixtures from bridge column $t0,000 00 $4,632 00
ALTERNATES # 3 ~
Remove Utility Lines from under~ ADD ADD
existing bridge and relocete $500 00 $2,000 00
under new bridge
Base Bid plus Alternate #2 ~ $109,000 00 $121,368 00
ADDENDUM~ YES YES
BID BOND YES YES
CONTRACT AGREEMENT
STATE OF TEXAS S
COUNTY OF DENTON S
THIS AGREEMENT, made and entered into this ]7 day of
FEBRUARY A.D., 19 98 , by and between
CITY OF DENTON
of the County of DENTON and State of Texas, acting
through TED BENAVIDE$
thereunto duly authorized so to do, hereinafter termed "OWNER," and
DER CONSTRUCTION
?~Q~ BOX 828
DENTON. TX 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 ~ndar the conditions expressed in the bonds attached
hereto, CONTRACTOR hereby agrees with OWNER to commence and
complete performance of the work specified below:
BID 2161 - CIVIC CENTER PEDESTRIAN BRIDGE PROJECT
in the amount of ~103~472 00 and all exW~ra work in
connection ~harewith, 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 ot/~sr drawings and printed or written explanatory
matter ~hereof, and ~ha Specifications ~hersfore, as prepared by
CITY OF D~NTON PARKS AND R~CREATION DEPARTMENT STAFF
all o£ which ara made a par~ hereof and collectively evidence and
constitute =he entire contract.
Independent Statu~
It is mutually understood and agreed by and between City and
Contractor ~/tat Con~raotor is an independent contractor and shall
,ct be dee~ed t of or thbee°r considered an employee of the City of
Denton, Texas, purposes of income tax, wi~hholding, social
security taxes, vacation or sick leave benefits, worker's
compensation, or any other City e~ployee benefit. City shall not
have supervision and control of Contractor or any employee of
Con~ractor, and it is expressly understood that Con~ractor shall
perform the services hereunder according to the attached
specifications at the general direction of ~he 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 proper~y
or third persons occasioned by any error, omission or negligent act
of Con,rector, its officers, agents, employees, invitees, and other
persons for whom it is legally liable, with regard to the
performance oft his 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 e~censlons of time as are
provided by the General and Special Conditions.
The OWNER agrees to pay the CO~'£~ACTOR in currant funds the
price or prices shown in the Proposal, which forms a part of this
con~raot, such payments to be subject to the General and Special
Conditions of the Contract.
IN WITNESS WHEREOF, the parties of theee presents have
executed this agreemen~ in the year and day first above written.
ATTEST: ~
DBR CONSTRUCTION
CONTRACTOR
glLING ~DRESS
~HON~ ~
~LE ~
PRINTED ~E
APPROVED AS TO FOP~M: (SEAL)
City Attorn~
AAA0184D
Rev. 04/05/96
CA - 3
THE STATE OF TEXAS
COUNTY OF DENTON
KNOW ALL MEN BY THESE PRESENTS That DBR CONSTRUCTION, whose address
is P O BOX 828 DENTON, TX ?6202, hereinafter called Pnnclpal, and
, a corporation orgarnzed and exmting under the laws of the
State of TEXAS, and fully authorized to transact business m the State of Texas, as Surety, are held
and firmly bound unto the C~ty of Denton, a mumclpal corporation orgamzed and exlstmg under the
laws of the State of Texas, hereinafter called Owner, and unto all persons, firms, and corporations
who may furmsh matenals for, or perform labor upon, the bmldlng or nnprovements hereinafter
referred to, m the penal sum of ONE HUNDRED THREE THOUSAND FOUR HUNDRED
SEVENTY TWO and no/100-- ($103,472.00) m lawful money of the Umted States, to be prod m
Denton County, Texas, for the payment of winch sum well and truly to be made, we hereby bind
ourselves, our hexrs, executors, adrmmstraturs, successors, and assigns, jointly and severally, firmly
by these presents Tins Bond shall antomattcally be increased by the amount of any Change Order
or Suppl~nental Agreement winch increases the Contract pnce, but m no event shall a Change Order
or Supplemental Agreement winch reduces the Contract pnce decrease the penal sum of tins Bond
THE OBLIGATION TO PAY SAME is conditioned as follows Whereas, the Pnncipal
entered into a certain Contract, identified by Ordinance Number 98-032, with the City of Denton,
the Owner, dated the 17 day of FEBRUARY, A D 1998, a copy of winch is hereto attached and
made a part hereof, for BID # 2161 - CIVIC CENTER PEDESTRIAN BRIDGE PROJECT.
NOW, THEREFORE, ~fthe Pnncipal shall well, truly and fmthfully perform its duUes and
make prompt payment to all persons, firms, subcontractors, corporations and clmmants supplying
labor and/or material in the prosecution of the Work provided for in smd Contract and any and all
duly authonzed mod~ficaUons of sand Contract that may hereafter be made, notice of winch
modifications to the Surety being hereby expressly wmved, then tins obhgation shall be void,
otherwuse ~t shall remmn in full force and effect
PROVIDED FURTHER, that if any legal action be filed on tins Bond, exclusive venue shall
lie in Denton County, Texas
AND PROVIDED FURTHER, that the smd Surety, for value received, hereby stipulates and
agrees that no change, extension of tune, alteration or adcht~on to the terms of the Contract, or to the
Work performed thereunder, or to the Plans, Specifications, Drawings, etc, accompanying thc same,
shall ~n anywise affect its obligation on this Bond, and ~t does hereby wmve notice of any such
change, extension oft~me, alteration or addition to the terms of the Contract, or to the Work to be
performed thereunder, or to the Plans, Specifications, Drawings, etc
PAYMENT BOND - Page 1
This Bond as gaven pursuant to the pmvmons of Chapter 2253 of the Texas Government
Code, as amended, and any other appheable statutes of the State of Texas
The undersigned and desagnated agent as hereby desagnated by the Surety hereto as the
Resxdent Agent m DENTON County to whom any requmte noUees may be dehvered and on whom
serwee of process may be had m maRers arising out of such suretyship, as proxaded by ArUele 7 19-1
of the Insurance Code, Vemun's Annotated Cavil Statutes of the State of Texas
IN WITNESS WHEREOF, flus instrument as executed m 4 copses, each one of wlueh shall
be deemed an original, flus the 17 day of FEBRUARY 1998.
ATTEST PRINCIPAL
BY BY
SECRETARY PRESIDENT
ATTEST SURETY
BY BY
ATTORNEY-IN-FACT
The Resadent Agent of the Surety m Denton County, Texas for dehvery ofnoUce and service of the
process la
NAME
STREET ADDRESS
(NOTE Date of Payment Bond must be date of Contract IfResadent Agent ~s not a
eorporaUon, g~ve a person's name )
PAYMENT BOND - Page 2
PERFORMANCE BOND
THE STATE OF TEXAS '
COUNTY OF DENTON '
KNOW ALL MEN BY THESE PRESENTS That DBR CONSTRUCTION, whose
address is P O BOX 828, DENTON, TX 76202, hereinafter called Pnnclpal, and
, a eorporataon orgamzed and existing under the laws of the
State of TEXAS, and fully authorized to transact business m the State of Texas, as Surety, are held
and firmly bound unto the City of Denton, a mumeipal corporation orgamzed and eyastmg under the
laws of the State of Texas, hereinafter called Owner, m the penal sum of
ONE HUNDRED THREE THOUSAND FOUR HUNDRED SEVENTY TWO and no/100 -
($103,472.00) plus 10 percent of the stated penal sum as an additional sum of money representing
additional court expenses, attorneys' fees, and hqmdated damages arising out of or connected w~th
the below ~dentlfied Contract, in lawful money of the Umted States, to be prod m Denton County,
Texas, for the payment of winch sum well and truly to be made, we hereby bind ourselves, our heirs,
executors, admunstrators, successors, and asstgns, jointly end severally, firmly by these presents
Tins Bond shall automatically be increased by the amount of any Change Order or Supplemental
Agreement winch increases the Contract pnce, but m no event shall a Change Order or Supplemental
Agreement winch reduces the Contract price decrease the penal sum of tins Bond
THE OBLIGATION TO PAY SAME is con&tinned as follows Whereas, the Pnnclpal
entered into a certatn Contract, identified by Orchnance Number 98-032, with the City of Denton,
the Owner, dated the 17 day of FEBRUARY A D 1998, a copy of winch is hereto attached and
made a part hereof, for BID # 2161 - CIVIC CENTER PEDESTRIAN BRIDGE PROJECT
NOW, THEREFORE, if the Principal shall well, truly and fmthfully perform and fulfill all
of the nndenakmgs, covenants, te,,as, con&nons and agreements of smd Contract m accordance wath
the Plans, Specifications and Contract Documents dunng the original term thereof and any extension
thereof winch may be granted by the Owner, w~th or without not,ce to the Surety, and during the life
of any guaranty or warranty reqtnred under this Contract, and shall also well end truly perform and
fulfill all the undertalangs, covenants, terms, conditions and agreements of any and all duly
authorized mochficattons of sa~d Contract that may herealler be made, not,ce of winch mo&ficaUons
to the Surety being hereby wmved, and, if the Pnnclpal shall repmr end/or replace all defects due to
faulty materials and workmansinp that appear w~thm a penod of one (1) year from the date of final
completion and final acceptance of the Work by the Owner, and, ~f the Pnnclpal shall fully
lndemmfy and save harmless the Owner from all costs and damages which Owner may suffer by
reason of fmlure to so perform herein end shall fully reimburse and repay Owner all outlay and
expense winch the Owner may meur m making good any default or deficiency, then tins obhgatlon
shall be void, other, vise, it shall remmn in full force and effect
PERFORMANCE BOND - Page 1
PROVIDED FURTHER, that if any legal action be filed upon flus Bond, exclusive venue
shall he m Denton County, State of Texas
AND PROVIDED FURTI4~R, that the smd Surety, for value reemved, hereby stapulates and
agrees that no change, extension of tune, alteratmn or adchUon to the terms of the Contract, or to the
Work to be performed thereunder, or to the Plans, Spemficatlons, Drawings, ere, accompanying the
same, shall m anyvase affect its obhgatmn on flus Bond, and a does hereby wmve notice of any such
change, extenmon of time, alteration or adchUon to the terms of the Contract, or to the Work to be
performed thereunder, or to the Plans, Specfficataons, Drawings, etc
Thas Bond is given pursuant to the prowmons of Chapter 2253 of the Texas Government
Code, as amended, and any other applicable statutes of the State of Texas
The undersigned and designated agent is hereby designated by the Surety hereto as the
Remdent Agent an DENTON County to whom any reqmstte notices may be dehvered and on whom
servaee of process may be had m matters arising out of such suretyslup, as prowded by Artmle 7 19-1
of the Insurance Code, Vemon's Annotated Cavil Statutes of the State of Texas
IN WITNESS WHEREOF, flus instrument as executed ~n 4 eop~es, each one ofwluch shall
be deemed an onganal, flus the 17 day of FEBRUARY, 1998
ATTEST PRINCIPAL
BY BY
SECRETARY PRESIDENT
ATTEST SURETY
BY BY
ATTORNEY-IN-FACT
The Resident Agent of the Surety m Denton County, Texas for delivery ofnotace and service of the
process is
NAME
STREET ADDRESS
(NOTE Date of Performance Bond must be date of Contract IfRemdent Agent m not a
corporation, give a person's name )
PERFORMANCE BOND - Page 2
Mr Tom Shaw BID SUMMARY
Purchasing Agent
Oty of Denton
Denton, Texas
Mr Shaw
Having carefully examined the site, contract documents, plans and speclficat~ons, prepared by the
Parks and Recreation Department, I (we) propose to fumlsh all materials, labor, service, and
guarantees required to perform and complete the work described for the following
CMC CENTER PEDESTRIAN BRIDGE PROJECT
BID SCHEDULE
Item # Descrlotlon and Price in Words Price m Figure,,
ITEM #1 Ciwc Center Pedestrian Bridge Project
For furmslung all materials, superwsmn, labor, and eqmpment
for the constructmn and mstallatmn of a pedestrian bridge
associated ~mprovements accor&ng to plans and speclflcaUoas,
complete and in place for the sum of
~/*~,./_f~ ~'~,,~J_C.,~., /~,~,L ~"~-/~ ~_ dollars and
~/o cents
ALTERNATES:
Bidders arc required to submit Alternate Bids to add work to or deduct work from the Base Bid.
Failure to submit Alternate amounts in spaces provided shall be basis for disquahficat~on of the Bid
ALTERNATE #1
For demolmon and removal of the existing pedestrian bridge
According to plans and speclfica~ons for the sum of
~'~ 7'-~ ~.~,.,~ ~ ~.. ~_~.cc~.,~ dollars and
~'~ cents DEDUCT $.?,
ALTERNATE #2
For eliminating eight (8) of the specified hght fixtures on the
bridge columns according to plans and spec~ficat~oas for the
sum of;7~¢ 7~,~t~/~7~ ~,~_~ ~-~dollars and
~ cents DEDUCT $
ALTERNATE #3
For removal of existing utility lines under emstmg bridge and
relocating utflmes under the new bridge in separate conduit,
(See Attachment 1 for location & hstmg of utility lines) ['or the
sum of/~ ~'~,~,~.. ~_~.~, dollars and
/~/" cents ADD ~...~~ -
UNIT PRICES
The undersigned agrees that the following umt prices will apply to adjust quammes of matenals
indicated on drawings Prices ate for matenals furmsbed and installed It xs further agreed that the
quanuues of work to be done at umt prices and material to be furnished may be increased or
chmlmshed, as may be considered necessary tn the opinion of the Owner's Representauve, and that
all quantmes of wotlc, whether increased or decreased, ate to be performed at the umt pncas set
forth above except as prowded for xn the specxficauons
UNIT PR[CE #1
Funu.~h materials and provide labor to install one (1) square
foot of concrete sidewalk according to thc plans and speclficauons
complete and in place for the sum of ~--/-~'~
dollars and _ ~'~/~,~.,~ ~ .~/~,~e_ cents $
/ (per square foot)
UNIT PR[CE #2
Funush materials and provide labor to install one (1) hn~ar
foot of concrete dnll piers according to the plans and spec,ficauons
complete and m place for the sum of T'~/,~c./
dollars and ,,~..~/,~c,,,- / cents $
J (per linear foot)
The undersigned certifies that the bid pace conuuned m thzs proposal have been carefully checked
and are submstted as correct and final
NOTE Umt and Lump Sum paces mus~ be shown in words and figures for each item listed m this
proposal and in the event of chscrepan~y the words shall consol
Receipt is hereby acknowledged for the follo~nng addenda to the contract documents
Addendum No 1 Dated ./.,~'j~f-' Received r~/~
Addendum No 2 Dated ' / Received /'
Addendum No 3 Dated Received
Addendum No 4 Dated Received
The undersigned agrees to complete m full the Construction of the Civic Center Pedestrian
Badge no later than April 23, 1998.
Seal if Corporauon
S~CCB~bndse doe
~o.~ THII~ OERTIFIOATE I~ [~UE~ A8 A ~fl OF INFO~ON ONlY
GONER8 NO A~ U~N ~E CER~CA~ HO~Efl, ~
DO~ N~ A~D. ~ND OR AL~R ~E COVERAGE A~ORDED BY ~E
~A~ & ~NQ INSURANOE ~MOm~ BE~W
~ ~ ~ ~ A GOMPANIE5 A~O~DIN~ ~OVE~A~E
~lS I~ ~O CE~ ~AT ~E POU~I~ OF INSU~CE U~ B~OW HA~ B~EN ISiU~O TO ~t INSURED N~EO ~V~ ~R ~E ~U~ ~RIOD
~CLvSlONS ~O CoNOmONI OF SUCH POUCI~ UMIT~ SH~ MAY ~VE BE~ R~OUCEO BY PAID C~MS
BOND EXEC~{~u[ TN FOUR (4) ORIGINALS ~nd ~o. 729579
PEr--CE BO~
~ STA~ OF ~ '
CO~OFD~ON ' BOND PREM{UM BASED ON
FINAL CONTRACT PRICE
~OW ~Lt~ ~ By ~E P~ ~ D~R CONS~U~t~ON, whos~
~ m P O BOX ~ DE~N, ~ 76202, h~ ~1~ ~p~
~pico~{ ~nd~i~y Co~.n9?n _, a oo~om~ ~ ~d ~st~ ~ ~ laws of
laws o~ S~ ofT~ ~ ~M ~, m ~ p~ ~ of
O~ ~UND~D 'l'~E ~OUS~D ~UR ~D SE~N~ ~O ~d n~l~
~o~ ~ ~, a~om~' ~ ~ hq~d ~ m~ out o~ ~ ~t~ m~
· e b~l~ id~ ~u~ m ~w~ ~n~ of ~e Umt~ Sta~ ~ b~ prod m ~on Count,
T~ ~ ~ pa~t ofw~h ~ w~ ~ ~y mbu m~, w~ h~y ~ o~lv~ o~ h~
~ ~h'~, ~ ~ ~ ~omtly ~d ~y, ~y by ~ ~U.
~s ~0~ shall ~e~ly ~ m~ by ~o ~o~t o~ ~y C~ ~ or Su~l~t~
A~t wM~ i~ ~ ~n~t ~, ~t h ~ ~ ,h." a ~ ~ ~ S~I~
~ OB~OATION ~ PAY ~ m ~dmon~ ~ ~ollows ~ ~ Pnn~p~
t~ ~, ~ ~o 17 day of~BRU~Y ~D 1998, a ~py of w~h m h~ a~ ~
m~e a p~ h~ for B~ ~ 2161 - CI~C ~NTER PEDES~ B~GK PRO{E~.
NOW, THERi~ORE. sfthc Prinetpal ~hnl! well, l~uly and ~ly p~ ~ ~flll aH
of~e ~F~ ~v~ t~s, ~o~ ~ ~m of~d Con~t m ~ wl~
~e PI~ ~fi~om ~ ~ D~ d~8 ~e on~ t~ ~f ~ ~y ~on
~fW~ch ~y bu ~ by ~e ~, ~ ~ ~out n~ce ~ ~ S~, ~d ~ ~ l~e
of my ~ty ~ m~ ~ ~d~ ~ C~ ~ ~l ~o well ~ ~ly p~ ~d
~fill ~ ~ ~d~p, mv~, t~, ~tto~ md ~ o~ ~y ~d all ~ly
~o~ m~fl~ of md Con~ ~ ~y ~ ~ ~ ~uce ofw~ ~fl~
~ ~ S~ bei~ h~y ~v~; ~ if~e P~ ~! ~ ~or ~l~e ~1 ~ duo to
~mpl~ ~d fl~ ~ of ~e Wo~ ~ ~e 0~ ~ if ~e ~cip~ ~ ~ly
I~ ~ save h~ ~e ~ ~m ~l ~sts ~d d~ges w~ch 0~ may suff~ by
~n of ~l~ to m p~ h~om md ~l ~lly ~mb~c ~ ~y ~r ~l outlay ~
~p~seJw~ch ~ ~er may ~ in ~g g~ ~y defn~t or ~fict~y, ~m ~s obh~a~
s~l be ]voi~ o~se, it s~l ~fl in ~ll fo~ ~d effect.
PERFORMANCR BOND - Page i
DBR CONSI~.I~C'E~ON O~/q~/Y~, INC.
A~T S~
c ~ ' ' A~O~Y-~-FA~
~thy R. Zachn~ek
~ ~d~t Ag~t of~ S~ m ~on Co~, T~ for d~v~ of~ ~d ~ice of~e
N~;., ~ur~ty Bond Connection ~eney~
ST~ ~DRESS: [777~ Preston ,Rood, Dallas, ~ 75252
~' DatoofP~om~Bo~m~bc~cof~n~ct. IfRm~t~t~snota
P~RFORZ4A~CE BOND - Pa~e 2
BO~) EXES, IN FOUR (4) OR~CII~L~LS Bond No. 729579
~ STA~ O~ ~ '
BOND PREMIUM BASED ON
CO~ OF D~0N '
~OW ~L ~BY ~~. ~ ~ CONS~ON, w~
~ ~y ~d ~ ~o ~ o~Dm~ ~ m~ ~on o~ ~d ~s~
who ~y ~h ~nls ~, or p~ ~or ~n, ~ bml~ or ~p~mM h~
~ to, ;n tho p~ s~ of ONE H~D ~E THOUS~D FO~ ~D
by ~e ~ ~ Do~ ~1 nu~ly bo m~ by ~c ~om o~y ~Se
or Surinam ~mt w~ch ~ ~ Con~ pncc d~ ~ p~ ,~ o~ ~s Bond.
~ OB~GA~O~ TO PAY S~ ~s ~ndmon~. ~llows' ~ ~
~. ~, dat~ ~e 17 day o~BRU~Y, ~D 1998, a cop~ o~wh~Gh ~s h~ a~hcd
made a pM h=~ ~r BID ~ 2161 - ~c CE~ER PEDE8~ B~GE PRO~.
NOW, ~O~ if tho ~ ~1 well, ~y ~ fm~iy p~ m dunes ~d
hbor ~or ~ h ~ ~uflon o~ Wo~ pm~d~ ~or m smd Con~t nd ~y ~d
duly a~ mo~flc~o~ o~ md ~n~t ~t may h~cr bc m~c, ~U~ o~ w~ch
~fiCa~O~ ~ ~ S~ be~ h~y e~iy w~v~ ~cn ~ obhgatiofl ~1 bo void,
lie in Dmmn Coa~, T~n,
~D ~0~ ~ ht ~ n~d ~, for ~ue ~v~, h~by ap~t~
~ ~ no o~ ~on of brae, d~on ~ ~hou to ~ t~xn~ of~c Cou~
s~l xn ~ ~m t~ obhsn~on on thxs Bon~ ~d fl do~ hereby wave nonce of
chqe, ~ion of~me, ~ten~on or ~hon ~ ~c t~ of~c Con.ct, or ~ ~c Work to be
PA~N~Tr BOND - Page 1
This Bond is 8tvm pursuant to the provisions of Chaptc~ 2253 of tho Texas Oovcmment
Codc~ aa ammided, and any other applicable statutes of the State of Texas.
Tho undersignM mid demgnated agent is h=eby dem~at~d by tho Suroty helm aa the
l~omd~mt Agmt m DENTON County m whom troy rcclmmm p.~lc~ may bo doliverod and on whom
setvlc~ OfM'ootm umY bo hnd m nmtte~ m-mn~ out of such sut~p, as provided by Amcle 719=1
of the Insurance Cod~ Vernon'e Annotated Ci~ Statutes of the State of Texn.
IN WITNESS WHEREOF, ~ in~nm~nt ts oxecuted in 4 copms~ each ono ofwluch shn]l
bo deemed an on~ml, this the 17 da)- ofFgBRUARY 199&
A'I rl~qT. SURETY
CAPITOL L~U}~94X~Y CORPO~-'t~ON
' A~I~OR~Y-IN-FACT
Kathy R. Zacharek
Tha R~ldmt Agent offl~ .qut~ty m De, ton County, Texas for dahvety ofnotic~ and service of the
process is:
NAL~:. surety Bond Connection Agency, Inc.
-qT~J~TADDI~SS. 1.7774 Press'on Road, Dallas~ TX 75252
(NOTE' Date of Payment Bond must be date of Contract lf~emdent Agent ts not a
corporaUon, ~ive a ~ name.)
PAYMNNT BOND - Page 2
IMPORTANT NOTICE
To obtain information or make a complaint
You may contact the Texas Department of Insurance to obtain information on
companies, coverages, nghts 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 d~spute concerning your pram~um 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:
Th~s not~ce ~s for ~nformat~on only and does not become a part or condition of the
attached document
I DEM ITY CORPORATION
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
Bond No. 729579
POWER OF ATTORNEY No
Know all men by these Presents That the CAPITOL INDEMNITY CORPORATION, a corporation
of the State of W~$constr% having ~ts principal off cea m the City of Madison, W~sconsm, does make, constitute and appoint
.--- V. R. DA~L%NO, /R, ~ES V D~O, C~ACE D~O,
~- ~ ~ R ~ ~ ZA~K, SHB~ L SCaR
t~ true and lawful At~rney(s)-m-fact, to make, execute, seal and deliver for and on ~ts behalf, as surety, and as ~ts act
and deed, any and at[bonds, a~de~akmgs and contracts of suretyship, prowded thst no bond or unde~aking or contract
of suretyship executed under th~s authority shall exceed ~n amount the sum of
................... TO ~X~ $~ -
........... NOT ,~,~
Th~s Power of Attorney ~s granted and ~s s~gned and sealed by facsimile under and by the authoRty of the following
Resolution adopted by the Board of D~rectors of CAPITOL INDEMNITY CORPORATION at a meeting duly cal~ed an~
held on the 5th day of May t960,
RESOLVED that the President a~d V~ce President, the ~ecreta~ or Treasurer acting mdlwdually or othe~se be and they hereby are grame~
the power and authoriza~on to omt b a Power of A~omey for the purposes on~ of executing and a~estmg bonds and unde~akmgs and other
wrmngs obhgatory m the natu~e~reof [ne or more resident w~ presidents assistant secretanes and attorney(s) m fact, each appointee to have
the ~wers and duties u~ua to such offices to the business of this company the s~gnature of such ofhcers and seal of the Company may be affixed
to any such power of a~rney or to any ce~hcate relating thereto by facslmde and any such power of attorney or ce~#~cate beanng such facstm ~e
s~gnatures or facsimile seal shall be valid and binding u~n the Company and any such power so executed and cavilled by facsl~de signatures an~
facslmde seal shall be vahd and binding upon the Company in the future with respect to any bond or unde~ak~ng or other wr~hng obhgatory rn the
nature thereof to which it m aaached Any such appointment ~ay be revoked for cause or wdhout cause by any of smd ofhcers at any t~me
IN WITNESS WHEREOF, the CAPITOL INDEMNI~ CORPORATION has caused these presents to be s~gned by
~ts officer undersigned and ~ts corporate seal to be hereto aff~xed duly aEested by ~ts Secretary, th~s 1st day of June 1993
CAPITOL INDEMNITY CORPORA~ON
COuN~STATE OFoFWISCONSINDA~E }Schutte ~cmlar~
On the 1st day of June, A D, 1993, before me personally came George A Fa~t, to me known, who bemgby me du~y
sworn, d~d depose and say that he resides m the Ceun~ of Dane State of W~sconsm, that he ~s the President of
CAPITOL INDEMN~Y CORPORATION the corporation descnbed m and which executed the above instrument that
he knows the seal of the said corporation, that the seal affixed to sa~d instrument ~s such corporate sea, that ~t was so
affixed by order of the Board of D~rectors of sa~d co~orat~on and that he s~gned h~s name thereto by hke order
STATE OF WISCONSIN }
Notaq Public, Dane Co, WI
'~Z~.~.~ ~" My Commission is Permanent
CERTIFICATE
I, the undersigned, duly elected to the office stated below, now the recumbent ~n CAPITOL INDEMNITY
CORPORATION, a W~scons~n Corporation, authorized to make th~s ce~tfl~te, DO HEREBY CERTIFY that the foregoing
attached Power ~ Attorney remains m full force and h~ not been revoked and fu~hermore that the Resolutton of the
Board of D~rectors, ~t fo~h m the Power of Attorney ~s now ~n force
Signed and sealed at the City of Madison Dated the
~ ~ PaulJ 8re~er Treasurer
Th~s power m vahd only if the power of attorney number pdnt~ [n the upper nght hand comer appears m red Photocopies carbon cop~es or
Off,ce of the Capitol I~demntty Corporation
CITY OF DENTON
INSURANCE REQUIREMENTS FOR CONTRACTORS
Bidder's attention is directed to the insurance requirements below It is h,ghly
recommended that bidders confer with their respective insurance carriers or brokers
to determine in advance of Bid submission the availability of insurance cart~flcatss and
endorsements as prescribed and provided herein. If an apparent Iow b~dder fa~ls 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 ma~nts,n
throughout the course of this contract.
STANDARD PROVISIONS:
Without limiting any of the other obligat;ons or I,ab,ht~es of the Contractor, the
Contractor shall provide and mamta,n until the contracted work has been completed
and accepted by the C;ty of Denton, Owner, the mlmmum ~nsurance coverage as
~nd;cated here,halter.
As soon as practicable after notification of bid award, Contractor shall file w;th the
Purchasing Department satisfactory certificates of insurance, containing the b~d
number and title of the project. Contractor may, upon written request to the
Purchasing Department, ask for clarification of any ~nsurance requirements at any
t;me, however, Contractors are strongly adwsed to make such requests prior to bid
opening, since the ~nsurance requirements may not be modal, ed or waived after b;d
opening unless a written exception has been subm,tted with the b~d. Contractor shall
not commence any work or deliver any material until he or she receives noflficat;on
that the contract has been accepted, approved, and s,gned by the City of Denton
All insurance policies proposed or obta;ned ~n satlsfact;on of these requ;rements shall
comply w~th the following general speciflcat;ons, and shall be maintained ~n
comphance w~th these general spec;ficatlons throughout the durst;on of the Contract,
or longer, if so noted'
· Each policy shall be issued by a company authorized to do business ,n the
State of Texas w;th an A.M. Best Company rating of at least A
· Any deduct,bias or self-insured retentions shall be declared m the b~d
proposal. If requested by the City, the ~nsurer shall reduce or eliminate
such deductibles or self-;nsured retentions w;th respect to the C;ty, ;ts
AAA00350
Insurance Requirements
Page 2
officials, agents, employees and volunteers, or, the contractor shall procure
a bond guaranteeing payment of losses and related investigations, claim
administration and defense expenses.
· LzablliW policies shall be endorsed to provide the following
· · Name as additional ~nsured the C~ty of Denton, its Officials, Agents,
Employees and volunteers
® · That such ~nsurance is primary to any other insurance available to the
additional ~nsured with respect to claims covered under the policy and
that this ~nsurance 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 llab~hty
· All policies shall be endorsed to provide thirty(30) days prior written not~ce
of cancellation, non-renewal or reduction ~n coverage
· Should any of the required insurance be provided under a claims-made
form, Contractor shall maintain such coverage continuously throughout the
term of this contract and, without lapse, for a period of three years beyond
the contract expiration, such that occurrences arising during the contract
term which give rise to claims made after expiration of the contract shall
be covered.
· Should any of the required insurance be provided under a form of coverage
that includes a general annual aggregate limit providing for claims
investigation or legal defense costs to be included ~n the general annual
aggregate I~mtt, the contractor shall either double the occurrence I~mits 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 C~ty
receives satisfactory evidence of reinstated coverage as required by this
contract, effective 8s of the lapse date. If insurance ~s not reinstated, C~ty
may, at its sole option, terminate this agreement effective on the date of
the lapse.
AAA003SO
Insurance Reclulrements
Page 3
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS:
All insurance policies proposed or obtained ~n 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:
A. General Uability Inaurance:
General Liability ~nsurance with combined single limits of not less than
="00~ ,000 - shall be provided and maintained by the contractor The policy
s~all be written on an occurrence basts either in a single policy or m a
combination of underlying and umbrella or excess policies.
If the Commercial General L~ablllty form (ISO Form CG 0001 current
edition) is used.
· Coversge A ahall 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, .s 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 Propers/ Damage Liab.llty 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 mlury liability and broad form
property damage liability
AAAO0350
.EV~E~ ~o.z~4 Cf - 3
Insurance Requirements
Page d.
Automobile Liability Insurance:
Contractor shall provide Commercial Automobile Liability insurance w~th
Combined Single Lim~ts (CSL) of not less than ssoo.ooo either ~n a single
policy or in a combination of basic and umbrella or excess policies The policy
will include bodily injury and property damage liability arising out of the
operation, maintenance and use of all automobiles and mobile equipment used
in conjunction w~th this contract.
Saflsfact;on of the above requirement shall be ~n the form of a policy
endorsement for'
· any auto, or
all owned, hired and non-owned autos
Workera Compensation Insurance
Contractor shall purchase and matntam Worker's Compensation insurance
which, in addition to meeting the minimum statutory requirements for ~ssuance
of such insurance, has Employer's Lzabllity I~mlts of at least $100,000 for each
accident, $100,000 per each employee, and a $500,000 policy llm;t for
occupational disease. The City need not be named as an "Additional Insured"
but the ~nsurer shall agree to waive all r~ghts of subrogation against the C~ty,
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 prows~ons of Attachment 1 ~n accordance
with §406.096 of the Texas Labor Code and rule 28TAC 110 110 of the Texas
Worker's Compensation Comm~ssion (TWCC).
[ ] Owner's and Contractor's Protective Liabzlity 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 ~nsurance policy naming the C~ty as ;nsured for property
damage and bodily injury which may arise m the prosecution of the work or
contractor's operations under this contract Coverage shall be on an
,EV.SEO ~on2~4 CI - 4
insurance Requirements
Page 5
"occurrence" basis, and the policy shall be Jssued by the same insurance
company that carries the contractor's Itablllty ~nsurance Policy llmlts w~ll be
at least combined bodily injury and property damage per
occurrence w~th a aggregate
[ ] Fire Damage Legal Uability Insurance
Coverage ~s required If Broad form General I~ab;hty ~s not provided or ~s
unavailable to the contractor or if a contractor leases or rents a port;on of a
City building. Limits of not less than each occurrence are required
[ ] Professional Liability Insurance
Professional liab;llty insurance with I;m~ts not less than per cla,m
with respect to negligent acts, errors or omissions in connection with
professional services is requ;red under this Agreement.
[ ] Bu,idera' Risk Insurance
Builders' R,sk Insurance, on an Ali-Risk form for 1OO% of the completed value
shall be provided. Such policy shall ~nclude as "Named Insured" the C;ty of
Denton and all subcontractors as their ~nterests may appear
[ ] Additional Insurance
Other ~nsurance may be required on an individual basis for extra hazardous
contracts and specific service agreements. If such additional insurance ~s
required for a spectflc contract, that requirement w,ll be described in the
"Spec,ftc Conditions" of the contract specifications.
Insurance Requ,rements
Page 6
ATTACHMENT I
Worker's Compensation Coverage for Building or Construction Projects for
Governmental Entities
A. Definitions
Certificate of coverage ("certlflcate")-A copy of a certificate of Insurance,
a certificate of authority to self-.nsure ~ssued by the commission, or a
coverage agreement (TWCC-81, '1%VCC-82, TWCC-83, or TWCC-84),
showing statutory workers' compensation ~nsurance 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 prowdlng services on the project ("subcontractor" in §406 096) -
includes all persons or entities performing all or part of the services the
contractor has undertaken to perform on the project, regardless of whether
that person contracted directly w~th 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, prowdmg, hauhng, or dehverlng
equipment or materials, or providing labor, transportation, or other service
related to a project. "Services" does not ~nclude actlwtles unrelated to the
project, such as food/beverage vendors, off~ce 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
AAA003~0
~.Evlsm ~o/~=m4 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, pnor
to the end of the coverage period, file a new certificate of coverage w~th
the governmental entity showing that coverage has been extended.
E. The contractor shall obtain from each person providing services on a
project, and provide to the governmental entity:
(1) a certificate of coverage, prior to that person beginning work on the
project, so the governmental entity will have on file certificates of
coverage showing coverage for all persons providing services on the
project; and
(2) no later than seven days after receipt by the contractor, a new
certificate of coverage showing extension of coverage, if the coverage
period shown on the current certificate of coverage ends dunng 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
mall or personal delivery, within 10 days after the contractor knew or
should have known, of any change that materially 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.
AAAO0360
~w== ~on~ Ci - 7
Insurance Requirements
Page 8
I. The contractor shall contractually require each person with whom ~t
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, wh,ch
meets the statutory requirements of Texas Labor Code, Section
401.011 (44) for all of Its employees prowding services on the project,
for the duration of the project;
(2) provide to the contractor, prior to that person beg~nmng work on the
project, a certificate of coverage showing that coverage is being
provided for all employees of the person prowd~ng services on the
project, for the duration of the project;
(3) provide the contractor, prior to the end of the coverage penod, a new
certificate of coverage showing extension of coverage, if the coverage
period shown on the current certificate of coverage ends during the
duration of the project;
(4) obtain from each other person w~th whom ,t contracts, and prowde to
the contractor:
(a) a certificate of coverage, prior to the other person begtnmng
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 per~od
shown on the current certificate of coverage ends during the
durstlon 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 ~n writing by certified ma,I or personal
delivery, w~thin 10 days after the person knew or should have known,
of any change that materially affects the prows~on of coverage of any
person providing services on the project; and
AAA003E0
~:v,sm ~o/~;m4 CI - 8
Insurance Requtrements
Page 9
(7) contractually requtre each person wtth whom tt contracts, to perform
as required by paragraphs (1) - (7), with the certificates of coverage
to be provtded to the person for whom they are provtdmg servtces.
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 servtces on the project
be covered by workers' compensation coverage for the duration of the
project, that the coverage will be based on proper reporting of classtfication
codes and payroll amounts, and that all coverage agreements wtll be filed
with the appropriate Insurance carrier or, in the case of a self-insured, with
the commission's Dtvlslon of Self-Insurance Regulation Providtng false or
misleading information may subject the contractor to admtmstrative
penalties, criminal penalties, civil penalties, or other ctwl actions.
K. The contractor's failure to comply with any of these provtstons ts a breach
of contract by the contractor whtch 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.
AA~O03~O