1998-107 O~,'~CENO
~ o~n~,~cE ACCEPTn~G CO~ETrr~E BBS ~,~ AW~,~I~G ~ CO~C~ ~O~
~ CO~S~C~IO~ ~ ~~O~ O~ ~ ~O~ ~C~ C~
~ CITY ~L - PROJECT II, PKOV~G FOR THE E~E~IT~ OF F~S
THE~FOR, ~ PROVinG ~ EFFECTIVE DATE ~ ~ 2184 GE~
CONS~UCTION ~ ~NOVATION OF T~ DE~ON ~C~ CE~R ~ CI~
~LL - PRO.CT II ~ T~ ~O~T OF $1,065,58700 AWNED TO DBR
CONSTRUCTION CO~
~E~AS, the C~ty h~ solicited, received ~d tabulated competltlve bids for the
eons~ea0n ofpubhc works or ~prov~ts m ~or~ce wl~ ~e proeed~es of STATE law ~d
Cl~ or&~ces, ~d
~AS, ~e Cl~ M~g~ or a desolated employee ~ recelv~ ~d ~d~ ~t
· e h~eln described b~ds ~e ~e lowest responsible b~ds for the eons~e~on of ~e pubhe works or
~mprovements described in ~e bid mwta~on, b~d proposes ~d plus ~d sp~lficat~ons ~erem,
NOW, T~FO~,
THE CO~CIL OF THE CITY OF DENTON ~BY O~A~S
SECTION I That ~e following eompetmve bids for the cons~ctmn ofpubhc works or
lmprovem~ts, a described m ~e "B~d ~tatm~", "B~d Proposals" or plus ~d sp~fficaaons on
file m the Office of~e C~'s P~cMsmg Agent filed according to ~e bid n~b~ asm~ed h~eto,
~e hereby acc~ted ~d approved ~ being ~e lowest responsible b~ds
BID
2184 DBR CONSTRUCTION COMPANY $1,065,587.00
~ 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 reqmr~ments specified in the Nohce to Bidders including the timely execution of a written
contract and ftmushmg of performance and payment bonds, and insurance certificate after
notification of the award of the bxd
~C,.TIQ]S.~ That the City Manager is hereby authorized to execute all necessary written
contracts for the performance of the constmctton of the pubhc works or unprovements m accordance
w~th the bxds accepted and approved hereto, prowded that such contracts are made m accordance
w~th the Nottce to B~dders and Bid Proposals, and documents relating thereto spemf3nng the terms,
condmons, plans and specaficatmns, standards, quantat~es and specified sums contmned thereto
~ That upon acceptance and approval of the above competmve b~ds and the
executmn of euntracts for the pubhe works and maprovements as authorized hereto, the Caty Council
hereby authorizes the expenchture of funds in the manner and m the amount as spemfied in such
approved b~ds and anthonzed contracts executed pursuant thereto
~ That tlus ordinance shall become effective lmmedaately upon ~ts passage and
approval
PASSED AND APPROVED ttus the 6~ / ~'~day of ~r)~// .1998
J~ClILLER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
2184 CONTRACT ORDINANCE
ATTACHMENT
8 Apnl 1998
Mr, ~ruce Henmgton
FacJht~es Manager
City of Denton
215 East Mc~nner,
Denton, TX 76201
Denton C~t7 Hall ]Renovation Pro~ect ~I, Phase I and J~
General Contractor Kecommendation
Dear Bruce
On April 7, 1998, the CzH of Denton received bld~ ~or the C~t7 o{ Denton
Prolect H Renovmons We received four proposab We have included the
following mformmon for ~our renew
1 Complete bid tabulauon form
2 Contractor Qualification Statement (low b~dder DBR Con.ruction
Company)
We h~ve verified the resume o{ contacts £or the apparent low b~dder, DBK
Construction CompanL wlu,ch is a local Denton companT, and h~ve ~poken to
owners and arclutect~ of prev~ou~ construcuon
requested their list of potenual subcontractors, nw~ch mclude~ a number o~ local
su~-~ontractors ~or ma~or contracts (M~ch~ucal, ~lectncal and Plumbing) as well
as the ~maller mbcontracts
Therefore, we recommend a contract for construcuon of the Denton C~ty Hall
and Mumclpal Complex Ken. ovauor~ - Pro~ect II be ~ward~ed to DSK ·
~o~ m4 sw.~r period XTe request your acuon on this recommendation at this ttme
~ ~,~ ~ ~2~ Sincerely,
~o=~o~r~ Loms;I ~olf, AIA
As~or~ate
~.ncl
MZAM~
LO~N
ATTACHMENT
ATTACHMENT # 2
TABULATION SHEET
BID # 2184
liD NAME DMC AND CiTY HALL - PROJECT II DBR MARATHON OWC MART
DATE ~
BASE BID AWARD $1,06t,312 00 $1,205,00000 $1,229,000 00 $1,246,000 00
Window glazing and frames at
Cashier Stations $975 00 $10,000 00 $t,250 00 $400 00
Remove abandon Air Handler $1,500 00 $t,000 00 $1,400 00 $1,700 00
Wall paneling and trim on wall
of Corridor t00 $1,800 00 $5,000 00 $13,000 00 $12,000 00
BID SECURITY YES YES YES YES
COMPLETION TIME 310 DAYS 300 DAYS 210 DAYS 285 DAYS
ADDENDUM #1 YES YES YES YES
ADDENDUM #2 YES YES YES YES
ADDENUM # 3 YES YES YES YES
5
STATE OF TEXAS §
COUNTY OF DENTON §
THIS AGREEMENT, made and entered into thts 21 day of APRIL A.D., 1998, by
and between CITY OF DENTON of the County of DENTON and State of Texas, acting
through TED BENAVIDES thereunto duly authorized so to do, hereinafter termed
"OWNER," and
DBR CONSTRUCTION COMPANY
2301 HINKLE STREET
DENTON, TEXAS 76202
of the Ctty of DENTON, County of DENTON and State of TEXAS, hereinafter termed
"CONTRACTOR"
WITNESSETH That for and m eonstderatlon of the payments and agreements
hereinafter mentmned, to be made and performed by OWNER, and under the condtUons
expressed m the bonds attached hereto, CONTRACTOR hereby agrees with OWNER to
commence and complete performance of the work specffied below
BID # 2184 - GENERAL CONSTRUCTION AND RENOVATION OF THE
DENTON MUNICIPAL CENTER AND CITY HALL - PROJECT II
m the amount of $1,065,587.00 and all extra work ~n connection therewtth, under the
terms as stated m the General Condmons of the agreement, and at hts (or thetr) own proper
cost and expense to furmsh all materials, supphes, machinery, eqmpment, tools,
superintendence, labor, insurance, and other accessories and serwces necessary to complete the
work specffied above, m accordance w~th the condmons and prices stated tn the Proposal
attached hereto, and m accordance w~th all the General Condtnons of the Agreement, the
Spectal Condttmns, the Nottce to B~dders (Adverusement for B~ds), InstrucUons to Btdders,
and the Performance and Payment Bonds, all attached hereto, and tn
CA- 1
accordance wlth the plans, which includes all maps, plats, blueprints, and other drawings and
printed or written explanatory matter thereof, and the Specfficatlons therefore, as prepared by
CORGAN ASSOCIATES INC.
all of whtch are made a part hereof and collectively ewdence and constitute the enttre contract
Independent Status
It ~s mutually understood and agreed by and between C~ty and Contractor that
Contractor is an independent contractor and shall not be deemed to be or cons:tiered an
employee of the C~ty of Denton, Texas, for the purposes of income tax, w~thholdmg, social
security taxes, vacation or s:ck leave benefits, worker's compensation, or any other C:ty
employee benefit C~ty shall not have superv:sxon and control of Contractor or any employee
of Contractor, and :t :s expressly understood that Contractor shall perform the serwces
hereunder according to the attached specfficat~ons at the general direction of the Cxty Manager
of the C~ty of Denton, Texas, or h~s des:ghee under th~s agreement
Indemnification
Contractor shall and does hereby agree to mdenmffy and hold harmless the City of
Denton from any and all damages, loss, or habfi~ty of any kmd whatsoever, by reason of injury
to property or th:rd persons occasioned by any error, ormss:on or neghgent act of Contractor,
as officers, agents, employees, mwtees, and other persons for whom ~t :s legally hable, w~th
regard to the performance of th~s Agreement, and Contractor will, at :ts cost and expense,
defend and protect the CRy of Denton against any and all such clanns and demands
Choice of Law and Venue
Th~s agreement shall be governed by the law of the State of Texas and venue for :ts
constructlon and enforcement shall he m 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 m written not:ce to commence work and complete all work
wtthln the tune stated m the Proposal, subject to such extens:ons of tune as are prov:ded by the
General and Spec:al Cond:t:ons
The OWNER agrees to pay the CONTRACTOR :n current funds the price or prlces
shown m the Proposal, which forms a part of this contract, such payments to be subject to the
General and Specml Condmons of the Contract
CA - 2
IN WITNESS WHEREOF, the parues of these presents have executed th~s agreement
m the year and day first above written
ATTEST
~Ca'~C~'--- ( ~'~LO CITY OF DENTON
(SEAI0
v '- -~ ~ CONTRACTOR
MAILING ADDRESS
NE NUMBER
X NUMBER ~-~
APPROVED AS TO FO~ P~NTED NA~E
: (SEAL)
~ ATTORNEY ~
CA - 3
11 ! 1 2 Delete the sermcolon at the end of Clause 11 1 1 2 and add
or persons or enUUes excluded by statute from the requxrements of Clause 11 1 I 1 but requtred
by the Contract Documents to provide the insurance reqmred by that Clause,
Add the following Clause 11 1 2 ! to Subparagraph 1 ! 1 2
11 I 2 1 CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS
Bidder's attention is directed to the insurance reqmrements below It is tughly recommended that
bidders confer with their respective insurance carriers or brokers to determine m advance of Bid
subnusslon the avagabthty of insurance cemficates and endorsements as prescribed and provided
herein If an apparent Iow bidder fags to comply stnctly with the insurance reqmrements, that
bidder may be dlsqualffied from award of the contract Upon bid award, all insurance
requn-ernents shall become contractual obhgat~ons which the successful bidder shall have a duty
to mamtam throughout the course of tim contract
STANDARD PROVISIONS.
Without lmutmg any of the other obligauons or lmb~Imes of the Contractor, the Conwactor shall
provide and maintain unul the contracted work has been completed and accepted by the City of
Denton, Owner, the mmunum insurance coverage as mthcated hereinafter
As soon as practicable after notification of bid award, Contractor shall file with the Purchasing
Depa.h~lent satisfactory ceruficates of insurance, containing the bid number and utle of the
project Contractor may, upon written request to the Purchasing Depa~t,,~ent, ask for clanficanon
of any msuranee requxrements at any tune; however, Contractors are strongly advised to m.ke
such requests prior to b~d opemng, since the insurance reqmrements may not be modified or
waived after b~d opemng unless a written excepuon has been subm~ued w~th the bid Contractor
shall not commence any work or deliver any material until he or she receives notification that
the coniract has been accepted, approved, and si~ned by the City of Denton.
All insurance pohc~es proposed or obtained m sausfacuon of these reqmrements shall comply with
the following general speciflcauons, and shall be m~mt~med m compliance w~th these general
spoclfications throughout the durauon of the Contract, or longer, if so noted
· Each policy shall be issued by a company authorized to do business m the State of
Texas with an A,M. Best Company rating of at least A
· Any deductibles or self-insured retentions shall be declared m the bid proposal
· If requested by the City, the insurer shall reduce or elmunate such deducubles or
self-insured retentions with respect to the City, its officmls, agents, employees and
volunteers, or, the contractor shall procure a bond guaranteeing payment of losses
and related mvesugations, claun adrmmstrauon and defense expenses
Ix] A General LiaMiity Irlsurnnr~; -
General L~ability iilsurance w~ ~mbmed single
~ s~ ~ pmv~ ~ ~ by ~ con~or ~ pohcy
~1 ~ ~n on ~ ~ ~s e~cr m a single pohcy or m a co~uon
of ~deflymg snd ~brella or ~cess ~hc~es
If ~e Co~e~ ~ ~g~W fo~ ~SO Fo~ CG
used
Cove~ge A s~ ~1~ ~es, ~e~Uo~, p~uc~,
~mple~ ~uo~, ~ ~to~,
~ve~ ~ con~t ~ ~ fo~ prope~ ~ge cove~ges
Cove~ge B ~1 mclu~ ~o~
Cove~ge C, me~ pa~n~, ~s not
~ ~ Comp~ve ~ ~F fo~ ~SO Fo~ GL ~ ~ ~uon
~d ISO Fo~ GL ~) ~ ~, it s~l ~l~e at l~t,
Bodily m~ ~ ~ope~ D~ge L~ab~ for p~es,
operaUo~, prod~ ~ c~ple~ ope~uo~, ~endent
~to~ ~ ~ ~ge ~g ~m ~los~on, ~apse
or ~r~o~d (XC~ ~os~
Bro~ fo~ co~ lmb~ ~fe~bly by ~do~ent)
cove~g ~s con. ct, ~o~ ml~ habg~W ~d ~ad fo~
prope~ ~ge
[x] ~utomobti~ Ltablll~
Compre~m~ve or B~ss Automobge Lmbg~ ~e s~ll
Con~ctor w~ 1~ of not less ~ ~ ~r ~e~ e~&er m a single
~hcy or m a comb~on of ~rlymg ~ ~b~a or excess pohcies
The policy w~ll ~lu~ bo~ly m~ ~ prope~ ~ge Imbfl~W
o~uon ~d ~ce of ~1 automobges ~ mob~e ~mpme~ ~ m conl~uon
w~ ~s con. act ~ludmg o~ed, ~, ~, ~d' non~w~d ve~cles ~d
employee non~w~d ~e S~ ~tomobfl~ wdl be hs~d m ~e Descnpuon or
~ s~uon of ~e Cemfica~ of~ ~SO Fo~ CA ~1 ~ent ~t~on)
· Llabthty policies shall be endorsed to provide the following
· Name as ackhtlonal insured the City of Denton, its Ofl~ClalS, Agents, l~-m,oloyees
and volunmers
· That such insurance is primary to any other insurance avmlable to thc adthuonal
insured with respect to claims covered under the policy and that this insure_nee
applies separately to each insured against whom clam is made or stat is brought
The mcinsion of more than one insured shall not operate to increase the insurer's
hmit of habflity
· All pohcies shall be endorsed to provide thtrly (30) days prior written nouce of
cancelhuon, non-renewal or reduction m coverage
· Should any of the required insurance be provided under a claims-made form,
Coui~acwr shall maintain such coverage continuously throughout the term of th~s
contract and, without lapse, for a period of three years beyond the contract
expu'auon, such that occurrences arising dunng the contract term winch give rise
to cl.,ms made after expn'auon of the contract shall be covered
· Should any of the required insurance be provided under a form of coverage that
includes a general animal aggregate l!mn provichng for claims mvesugauon or legal
defense costs to be included m the general nnnllal aggregate lumt, the contractor
shall either double the occurrence lnmts or obtain Owners and Contractors
Protecuve Laabihty Insurance
· Should any reqmred insurance lapse dunng the contract term, requests for
payments originating after such lapse shall not be processed unnl the City receives
satisfactory evidence of reinstated coverage as reqmred by th~s contract, effecuve
as of the lapse date If insurance is not reinstated, City may, at its sole option,
terminate tins agreement effecuve on the date of the lapse
SPECIFIC ADDITIONAL INfllJ'RANCI~ REOUIREMIgNTS:
All insurance policies proposed or obtained m satisfacuon of tins Contract shall addmonally
comply with the follovang marked specifications, and shall be maintained m compliance With these
addmonal specifications throughout the duration of the Contract, or longer, ff so noted
Ix] Workers Compensation Insurnnce
Contractor shall purchase and maintain Worker's Compensauon msurauce which, m
addmon to meeting the minimum Statlltory reqmrements for ~ssuance of such insurance,
has Employer's L~abfllty lurers of at least $I00,000 for each accident, $100,000 per each
employee, and a $$00,000 policy lmm for occupanonal disease The Cl~y need not be
~srned as an "Addxtionel Insured" but the insurer shall agree to wmve all nilus of
subrogauon against the City, m officufls, agents, employees and volunteers for any work
performed for the City by tl~ Named Imured For bufldmg or construction projects, the
Contractor shall comply with the pwvmons of Attachment 1 m accordance with 406 096
of the Texas Labor Code and role 28TAC 110 110 of the Texas Worker's Compensauon
Comm~sswn CI'WCC) Attac2unent 1 has been inserted at the end of th~s specfficauon
section
Add the following Clauses 11.1.2 2 and 11 1 2 3 to Subparagraph 11 I 2
11 1 2 2 Each pohcy of msurauc, e hsted above to be purchased and mamtamed by the
Contractor and each eemficale of msurauce for smd msuran~ shall contain a complete waiver of
subrogation against Owner, Arolur~t and Architect's Engineers Each eeruficate shall also hst
Owner, Architect and Arch,tect's Engineers as a party insured The nnmumty oftha owner shall
not be defense from the msuranee earner
I 1 1 2 3 Contractor shall not commence work at the site under th~s Contract un~ he
ob~ned all requh'~d insurance and submitted appropriate eemficauons
Add the following sentence lo Paragraph 11 1 $
If this msuran~ ~s wnt~n on the Comprehensive General L~ab~hty pohcy form, the Cemficates
shall be AIA Document G?0$, Cemficate of Insuranee If th~.~ msurauce ~s wntten on a
Commercial General L~ab~hty policy form, ACORD form 25S wgl be acceptable
11 3 PROPERTY INSURANCE
I1 3 1 1 Add the following senm~ce to Clause 11 3 1 1.
The form of policy for fins coverage shall be Completed Value
Delete Clause 11.3 1 4 and subsutute the following
11.3.1 4 The Contractor shall provide msurauce coverage for pomons of the Work stored
off the site ai~r written approval of the Owner at the value established m the approval, and also
for portions of the Work m transit
ATTACHMENT I
Worker's Compensation Coverage for Building or Construction Projects for
Governmental Entities
A. Definitions:
Certificate of coverage ("certlficate")-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 Jnsurance 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 ~ncludes, 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.
D. If the coverage period shown on the contractor's current certificate of
coverage ends during the duration of the project, the contractor must, prior
to the end of the coverage period, file a new certificate of coverage with
the governmental entity showing that coverage has been extended.
E. The contractor shall obtain from each person providing services on a
project, and provide to the governmental entity.
(1) a certificate of coverage, prior to that person beginning work on the
project, so the governmental entity will have on file certificates of
coverage showing coverage for all persons providing services on the
project; and
(2) no later than seven days after racmp! 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 proiect.
F. The contractor shall retain all raqu,rad certificates of coverage for the
duration of the project and for one year thereafter.
G. The contractor shall notify the governmental entity m writing by certified
ma;I or personal delivery, w,thin 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 parsons prowdlng services on the project that they are
required to be covered, and stating how a person may verify coverage and
report lack of coverage.
I. The contractor shall contractually require each person with whom it
contracts to provide services on a project, to:
(1) provide coverage, based on proper reporting of classification codes
and payroll amounts and filing of any coverage agreements, which
meets the statutory requirements of Texas Labor Code, Section
401.011 (44) for ell of Its employees providing services on the project,
for the duration of the project;
(2) provide to the contractor, prior to that person beginning work on the
project, a certificate of coverage showing that coverage Is being
provided for all employees of the person providing services on the
project, for the duration of the project,
(:3) provide the contractor, prior to the end of the coverage period, 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 with whom ~t contracts, and provide to
the contractor:
(a) a certificate of coverage, prior to the other person beginmng
work on the project; and
(b) a new certificate of coverage showing extension of coverage,
prior to the end of the coverage period, if the coverage period
shown on the current certificate of coverage ends during the
duration of the project;
(5) retain all required certificates of coverage on file for the duration of
the project and for one year thereafter;
(6) notify the governmental entity in writing by certified mail or personal
delivery, within 10 days after the person knew or should have known,
of any change that materially affects the provision of coverage of any
person providing services on the project; and
(7) contractually require each person with whom it contracts, to perform
as required by paragraphs (1) - {7}, with the certificates of coverage
to be provided to the person for whom they are providing services.
J. By signing this contract or providing or causing to be provided a certificate
of coverage, the contractor ia 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 breech from the governmental
entity.
1 DOCUMENT OO300
2
3 BID FORM
4
5
8 -- (Name of B~dder)
9
11
13 ~ - (Ad~s)
14
15 D~ Sxr
16
12 Undem~ed, ha~ng ~n~ D~wmgs, Pro~ M~u~, related do~men~, ~d sate of
18 propose~ work, ~ffbemg f~ala~ wat~ fll of con&uons ~rro~&ng work, mdu&ng
19 a~abfl~ of matenfls ~d labor, hereby p~oposes to ~rmsh?l labor, matenfls, ~ff
20 equapment ~qmr~ for Gene~ Con~mn and Renovatmn of ~e Denton C~ Hall
21 and Mu~elp~ Compl~ - Project II for the C~ of Denton, Denton, Text, m a~r~ce
22 ~mgs ~d P?je~ M~ufl prepped by Corg~ Associates, Inc, for the l~p sum
23 ~ ~ ~ount o~
24
26
v
28
29 NO~ Amount shill be shown m both wor~ ~d fi~res In ~e of &screp~ff,
30 ~ount shown m wor~ sh~l govern Above ~ount does not include State of
31 Tex~ S~es T~ ~d Renovauon T~
32
33 Undem~ed ~rms that above sup~ated b~e bad sum represents enure cost m accord~ce
34 w~th Drawing, Proje~ M~, ~d Addenda ~d that ndd~m wall be made on account of
35 ~y mcre~ m wase ~es, materl~ ~rlces, t~es, msu~ce, cost indexes, or ~y other ~tes
36 ~e~mg eon~m~mn mdmt~ or t~ pro~e~
37
38 Undem~ed badder ~re~ that thas bad shill be good ~d may not be w~awn for a period
39 of 60 ~en~ ~ys ~er schemed dosing ume~or re~wng ba~
4~
41 Undem~ed badder ~derst~ds that the Owner r~e~es right to rele~ ~y or fll ba~ ~d to
42 wmve ~y ~ormflmes m bad~ng
43
~ The succe~l badder's b~d se~nW will be r~ed unul the contra~ h~ been exe~t~ ~d
45 pa~ent ~d pefform~ce bon~ have been exerted ~d dehvered The Owner rescues the
46 right to ret~ffthe se~n~ of the nero two lowe~ b~dders ~ul the lowest badder enters into
47 contra~ or ~ul 60 ~ys ~er bad opemng, w~chever comes first All other b~d se~rmes will
48 be reamed ~ soon ~ pra~ble -
49
50 The Owner rescues n~t to reqmre bon~ from success~ badder If wnnen nouce of
51 ~pt~ce of t~s bad ~s receaved watch 60 days ~er date desagnated for opemng of b~,
52 undemgn~, wathm 10 days of receipt of the Cont~, will sxgn ~d dehver to t~e Owner the
53 Contr~ reqmred Perforate Bon~, ~bor ~d Matenfl Payment Bond, Cemficate of
26March 1998 00300 - 1 CAI97174 00
1 Insurance, and insurance policies rec~mred by the Contract Documents Should undersigned
2 fail to deliver signed Coniract or recimred b~nds and insurance policies within 10 day period,
3 the Owner reserves right to terminate relationship
4
5 Alternates The undersigned agrees to the following addItions or deductions from the Base Bid
6 Sum ~f the hsted alternates ~tem~zed below are accepted by the Owner Alternate prices
7 ~nclude all varmtlons in profit, overhead, bonds, insurance and SLmflar related ~tems, and
8 represent the total cost to the Owner for each Alternate
9
10 Alternate No 1 Provide glazing and assocmtexi frames at the Mumc~pal Complex at cashier
11 stations as md~cated on Detail ?/A2 03, and Details 2 through 9/A? 01
12
13 Add to Base B~d the following amount
14
16
17 Dollars ($ ~',70'T~ ~")
18
19 Alternate No 2 Remove the exlstll!g abandon air handler umt m the room north of Storage IH
20 - 123 for installation of electrmal panels and transformers Mechamcal & electrical work to be
21 part of base b~d Room will not require additional fimshes
22 Add to Base B~d the following mount
23
25
26 Dollars ($
27
28 Alternate No 3 Provide wall panehng and trim on east and north walls of Corndor 100
29 md~cated on detail 17/A7 01 as future wood panehng
30
31 Add to Base B~d the following amount
32
34
35 Dollars ($
36
37 TIME OF COMPLETION
38
39 Undersl~.ned agrees to commence work under this contract within 10 days of receipt of
40 written l'~ot~ce to Proceed from the Owner, and to substantially complete enure work within
4 ! following number of calendar days .-~/~
42
43 ADDENDA
44
45 Undersigned hereby acknowledges receipt of following Addenda to Drawings and Pro~ect
46 Manual, all of Wovwons ~d reqa, rements of which ~denda have been taken m~o
47 considerat~on in preparatmn of this proposal
48
49 Addendum No / Dated..q.L_~/~f*TM
5~ Addendum No ~ Dated ~'d~
51 Addendum No ~ Dated,~/~'R~
52 Addendum No __ Dated~ · '
53
26 March 1998 ' 00300 - 2 CAI 97174 00
1 BID SECURITY
2
3 Bid Security_ must accompany this Bid. Security shall be made payable to City of Denton m
4 a.mount of five percent of total Bid Sum Security shall be by either certified check, cashier's
5 check, or acceptable bid bond by surety licensed to do business in Texas Enclosed with this
6 proposal is required bid security in Sum of
9
10
12
14 !
lS Title
16
17 Name of Firm
18
19
2O
21 Organized as a (Mark one)
22
23 Proprietorship
24
25 Partner~hip.
26
27 Gorporauon
28
29 Under the law of the State Of
31 Legal Address -'/"~.
32
37
39 Telephone No
41 If Bid is by a corporation, affix seal above address
42
43
44 END OF DOCUMENT
26 March 1998 00300 - 3 CAI 97174 00
BOND PREMllUM BASED ON
FINAL CONTRACT PRICE PEI~',FORMANCE BOND
RO~) ~l~G'lrl'l~ Iii FDUR (q) ORIGINALS Bond No 733f.~-5
STATE OF TEXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY TI~E PRESENTS. Tlmt DBR CONSTRUCTION
COMPANY whose sddress is 2301 HINKLE STRR~T, D]~qTON, TX 76202, bercmaf~r
call0dL~Tll~lpal, al~lcapico! Indemnity Corpora~:ton , a torpor!on org,n,,cd and
existing .~der the laws of th~ State of ~ ~v~lS, and fully anthor~cd to transact business m thc
State of Texas, as Surety, nrc held mb firmly bound unto thc City of l~nton, a mumcipnl
coFporstion organized and existin~ un( ~r the laws of thc State of Texas. here!nailer called
Owner, m the ~ sum of ONI~ Mn.1 iON SIXTY FIVE TROUSAND ~ ItUNDRKD
F. IGHTY SEVEN and no/100 DOLT. ~RS ($1,06.q~87.00) plus ten percent of the stated
penal sum as an additional sum of mo cy representing addltlOnnl court expenses, altOnlOys'
fees, ~ hqmdatcd damages arising om of or connected w~th thc below idenUficd Con~ract, in
lawful money of the United States, to I prod in D~nton County, Texas, for the paym~t of
which sum well ,,d truly to be ma~we hereby brad ourselves, our be~rs, executors,
adrmmstrators, successors, ..fl assif~n., )intly and severally, ftrmly by these pr~¢nLs, Th~s
Bond shall automatically bo h3creased qy the amount of any Chan~c Order or Supplcmcntai
A~ccment which me,teases the Contr~t pr~e, but in no event shall a Cha~e Order or
Supplemental Asrccmeot which rcduceb the Contract price decrease the penni sum of this
Bond.
THE OBLIOATION TO PAY $.~lVlE L~ conditioned as follows: Wbercas, the Principal
· ntercd !nM a cemm Coo~rant, ~defltit~ed by Ordine.¢e Number 9~107, with the City of
l~.nton, the Owner. dated the 21 day of [~P~ ,~.O. 1008. a co~y of wtuch l~ hereto a~cbed
and mada a part hereof, for aid {# 2184 - OlmERA~, CONSTRUC'F~ON ~D
RENOYATION OF ~ DENTON MUNICIPAL CENTER AND CiTY J~IAI, J~ -
PROJECT IL
NOW. TItEREFORE, if the Pnt apai shall well, truly and faithfully perform and fulfill
ail of thc undertakings, covenants, tc~ ns, condit~ous ~ aSrccments of smd Coutrl~t in
accordance with the Plans, Spec[ft~tie ~s and Contract Docomen~ duru~ the orig,~l term
thereof and any extensmn thereof which may be granted by the Owner, with or without nnUcc
to the Surety, and during the life of any uaranty or wan~nty re~ulred gilder this Contract,
shall also well and truly perform and f~ fill all the undertakings, covcnant~, tome, condifiofl~
an~ agFeemenL~ of any and ail duly {uthorjzed modifi~tmns of said Conuact that may
hereal~er be n~de, notice of which modd [cations to th~ Sure~y bcmg hereby w~vcd, and, ffthc
Prmcipai slmll repair and/or replace all lefe~ts duc to faulw materials arid work~.nshlp that
appear with{, a per~od of one (1) year fr( Fa the date of final completion a~d final acceptance of
thc Work by tho Owner, and, ii' thc P ~nclpai shall fully mdemmfy and save harmless tho
Owner from all costs and damages whic~ Owner may suffer by reason of failure to ~o perform
herein and shall tully rcunburse and repa ~ Owner alt outlay and expe~e which the Owner may
incur m making good any default oF deft( 1choy, then th~ obhgauon shall be void, otherwise, xt
shall Femmn tn full for~ and effect,
PB - I
PI~OVIDI~D FURTHER. that if ~ny Ic~ti action be filed upon thru Bond, exclusive
venue shall lie in Denton County, State oflTexn.
AND PROVIDED PURTHER, [hat tho said Surety, for value ~ecoived, hereby
stipulates and a~rees that no change, cxtqnsion of time, alterstlon or addition to the terms of
the Cont~aot, or to thc Work to be per[ozmed thereunder, or to the Plans, Specifications,
Drawmss, et~., accompanym8 the 9arno,[shall in anywise affect its obligation on this Bond,
and tt does hereby waive no.cc of any~[okSU~hrCiUmge' extcnszon of time, alteration or nddttion to
the terms of the Contract. or to thc to be pcrformed thc1'eunder, or to the
Specifications, Drawinp, ere
This Bond is ~iven pun.snt t~ the provisions of Chapter Z2~3 of thc Tcy. as
Government Code, as amended, and any dthcr apphcabio statutes of the State of Texas
The undcrszS~ad and designated ~a~tt h hereby de$1~,uatcd by the Surety hereto as the
Restdmlt A~ont in Denton County to wl~om any requisite noticcs may be delivered and on
Amclc 7,19-1 of ~ Insurance Code, 's Annotated Civil Statutes of the State of Tcxas
IN WITNESS WHEREOF, this t~ment is executed tn 4 copies, each one of which
shall be deemed an original, this the 21 d~ of APRIL
ATTEST PRINCIPAL
SECRETARY ~/
ATTEST: SURETY
/ ~ ~ {. BY. ATTOlg~_ Y-IN
g. aChy R Zacharel~
The Resident Agent of the Surety in Dcngon County, Texas for dehvety of notice and servtce
of the process is:
NAME Sure~:y Bond Connection Agency, Inc
STR~I~T ADDRF~S i777~ ?reston Road, Oal~as. ~ ?S2~2
(NOT~. Date ~f PeffmTnan¢~ Bo~d m~t be date ~ Contract 1~ Resident Agent ~ not a
21B~CONTRAC'T &
PB - 2
BOND PREMIUM ElAtED ON
FINAL CONTRACT PRICE BOND
BO[~) I~ /N ~UUR (~) 0~ ~nd No. 733~5
STAT~ OF ~S
COUN~ OF DEaN
~OW A~ ~N BY THeE P~ENTS. ~ DBR CO~UC~ON
CO~, whos~ ~s ~ ~1 ~E S~R~T~ D~N, ~ 7~02, hero~
~ ~mci~, ~ Capitol [nd~i~ Co~ora~ion ......
a ~rat~on org~ an~ e~sa~ u ~ ~e ~ of ~e Sm~ of T~, ~ ~ly
a~r~ to ~ b~a~ss in ~ Stat ~ Te~, ~ ~, ~ held ~d ~y ~ unto
~ CIW ~of Denm~, a m~cl~ co~m: m org~
of Text, hem~ ~ O~er, ~ u~ ~ ~rsom, ~, ~ ~or~om who ~y
~tsh ~ter~s for, or ~ ~r
to, in ~e pe~ s~ of O~ ~LL~( N S~Y
~ ~. we h~eby bl~ o~selv~, o r
ass~s, 5om~y ~d ~v~lly, ~y
Con~ pri~, but m no ~vent ~l C~ge O~r or ~l~ A~e~e~ w~ch
~uces ~ Con. ct prt~ ~
THE OBLIOATION TO PAY ~E ~ ~ttto~ ~ ~llo~s ~, ~e Prmc~p~
e~r~ ~mm a ~ Con~, t~fi~ by Ord~ N~b~ 98-1~, wi& ~e C[W of
~umn, &e O~r. ~ ~ 21 ~y ~f ~ A.D. 1~8, a ~py of whl~ is ~r~
a~h~ ~ ~e a ~ ~f, for ~D
~NOVA~ON O~ ~ D~NI~C~AL C~R
~O~T U
NOW, THE~FO~, ~f ~ ~ia ~p~ ~h. II we~, ~y ~ fm~lly ~o~ z~ dmi~
~d ~e prat ~y~nt m ~t ~rso~ h ~, su~n~o~, ~ratto~ ~d cla~n~
supply~ labor ~or ~M m ~ p~ os~tlon of ~ Work p~v~ for m ss~d Con~
~d ~y ~d ~1 duly au~
no~ of w~ mMlfl~tiom m ~e Sur~ y ~ he.by expr~sly watv~, ~ ~ obllgauon
PROVIDED ~RTH~, ~t if ~ leg~ acuon ~ ~ on ~ Bond, exclustvo venue
shall lie tn Dento~ Co~,
AND PROV~ ~TH~, ~ ~ ~td Sur~, for v~ue r~iv~, hereby
s~pu~ ~ a~ ~t no c~ge, ~ton of ~, ~terat[on or ~ttton to ~ t~ of
&~ Con~. or to &e Work m
Drawings, ~c, ~~ ~
~d tt ~ hereby wmve ~[~ of ~y
· e t~ of ~ Cou~, or to ~e Work to ~ ~o~ ther~nder, or to ~e ~,
S~ifl~tto~, ~rawmgs,
PB -
Tim Bond is riven pursuant Ip thc provistom of Chapter 22~3 of the Texas
Govetmnent Code, as amended, and any &ther ~pliesble stntuten of the State of Texas.
Tho undcrst~ncd and des~nat~d e~cnt is hereby desig~..!_~l by the Surety herein as the
P. cs~dent Agent in Dcntun Count~ to w~om any rcqmaite notices nuy b~ delivered nnd on
whom service of proc~s may be lad m ~mttcrs m'htng O~t Of slltch suretyship, as provided by
Amclc,7 19-1 of tho Insurance Codo, Ve. dnon's ,Annotated Civil Statutes of the State of Texas
IN WITNESS .WHEREOF, this n~smunent is executed tn 4 copies, each one of which
shall I~ deemed an original, tMs the 21 d~y of.MSRIL,
ATTEST: PRINCIPAL
ATTEST: SURETY
Kathy R Zachardk
The Re~ient Agent of tho Surety tn Deb. on County, Texas for dehvery of notice and servtce
of the process ~s
NAME' surety Bond Connection Agency, Inc
-~TR~ET ADDRESS 17774 Preston Road, Dallas, ~ 75252
(NOT~' Date of tSa~l~e~ BoM ttmst be d~e of Contract If Restdent Agent ts #ot a
corporation, give a penon'~ name,)
IMPORTANT NOTICE
To obtain ~nformabon or make a complaint
You may contact the Texas Department of Insurance to obtain mformabon on
companies, coverages, rights or complaints at
1-800-252-3439
You may write the Texas Department of Insurance
P O Box 149104
Ausbn, 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 ~s 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 cond~bon of the
attached document
INDEMNITY CORPORATION
4610 UNIVERSITYAVENUE SUITE 1400 MADISON WISCONSIN 53705 0900
PLEASE ADDRESS REPLY TO P O BOX 5900~ MADISON WI 53705 0900
PHONE (609) 231 4450 FAX (606) 231 2029
Bond No. 73366,5
POWER OF ATTORNEY No 4 7 6 0 7 0
sotm sxscu-.'.., zs mLrR (4)
Know all men by these Presents That the CAPITOL INDEMNITY CORPORATION, a corporation
of the State of W~sc0ns~n, having ~ts pnnc~pal off ces ~n the C~ty of Madison, W~scensm, does make. const tute and appoint
................... ¥ R D.,~[ANO, ,IR, .IAMI~S V DAM[ANO, CAN'DACE DAM[ANO, ....................
................. KATHY R ZACHAREK, KENNETH ZACHARI~K, SHERRI L SCHRAER ..................
~ts true and lawful Attorney(a) m-fact, to make, execute, seal and dehver for and on ~ts behalf, as aurety, and as as act
and deed, any and all bonda, undertakings and contracts of suretyship, prowded that no bond or undertaking or contract
of Suretyship executed under th~s authority shall exceed ~n amount the sum of
.......................................... NOT TO EXCEED $5,000,000 O0 ..............................................
Th~s Power of Attorney is granted and ~s s~gned and sealed by facsimile under and by the authority of the following
Resolution adopted by the Board of D~rectors of CAPITOL INDEMNITY CORPORATION at a meeting duly called and
held on the 5th day of May 1960
RESOLVED, that the President and V~ce President, the Secretary or Treasurer acting mdw~dually or otherwise be and they hereby are granted
the power and authorization to appoint by a Power of Attorney for the purposes only of execubng and attesting bonds and undedakmgs and other
writings obhgatory in the nature thereof one or more resident wce presldsrlts assistant secretaries and attorney(s) m fact each appointee to have
the powers and duhes usual 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 attorney or to any cert~hcate relating thereto by facsimile and any such power of attorney or cerhhcate beanng such facs~mde
s~gnatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certlhed by facsimile s~gnatures and
facsimile seal shall be vahd and binding upon the Company ~n the future w~th respect to any bond or undertaking or other writing obhgatory In the
nature thereof to which ~t ~S attached Any such appointment may be revoked for cause or w~thout cause by any of sa~d ofhcers at any t~me
IN WITNESS WHEREOF, the CAPITOL INDEMNITY CORPORATION has caused these presents to be s~gned by
(ts officer undersigned and ~ts corporate seal to be hereto aff~xed duly attested by ~ts Secretary th~s 1st day of June 1993
CAPITOL INDEMNITY CORPORATION
Secretary
STATE OF WISCONSIN ~.
COUNTY OF DANE
On the 1st day of June. A D, 1993 before me personally came George A Fa~t, to me known, who being by me duly
sworn, d~d depose and say that he resides m the County of Dane State of W~scons~n that he ~s the President of
CAPITOL INDEMNITY CORPORATION, the corporation described ~n and which executed the above instrument that
he knows the seal of the said corporation, that the seal afhxed to sa~d instrument ~s such corporate seal that ~t was so
affixed by order of the Board of D~rectors of sa~d corporation and that he s~gned h~s name thereto by hke order
STATE OF WISCONSIN ~-~ PETER X{~
=_* *~ ~ , ~
~ ~ Peter E Hans
COUNTY OF DANE ~ Notary Public Dane Co WI
CERTIFICATE
I the undersigned, duly elected to the ofhce stated below now the recumbent ~n CAPITOL INDEMNITY
CORPORATION a Wisconsin Corporation authorized to make th~s certlhcato DO HEREBY CERTIFY that tho foregoatg
attached Power of Attorney remains ~n full force and has not been revoked and furthermore that the Resoluhon of the
Board of D~rectors, set forth m the Power of Attorney ~s now ~n force
~Aprtl
S*gned and sealed at the C~ty of Mad,son Dated the.,,~,,,##~!-at day of 19 98