1998-123 O~XNANCENO
AN o~rNANCE ACCE?Tn~O CO~ETITV,'E ~IDS AND PROWr~O ~OR ~ *W~
OVA CO~Z~CX VO~ V~UC WO~S ON ~OWU~N~S VO~ ~SZ~A~ON OV
~ON S~o~ c~ ~o~s ~ NO~. ~CAN C~ ~ ~OW
C~EK ~ THE ~O~T OF $208,080 00, PROVinG FOR THE E~E~I~ OF
F~S THE~FOR, ~ PROVID~G ~ EFFECTIVE DATE (B~ ~ 2185 ~LLOW
C~EK / ~OD S~T~ D~AGE, AWNED TO DBR CONSTRUCTION ~ T~
~O~T OF $208,080 00)
~AS, the C~W has sohc~ted, received ~d tabulated competxt~ve b~ds for ~e
com~ct~on ofpubhc wor~ or ~mprov~ts m a~ord~ce w~ ~e proced~es of STATE law md
C~ty or~n~ces, ~d
~AS, ~e C~W Mmager or a desolated employee ~ received ~d mco~d~ ~at
the hereto descnb~ b~ds ge ~e lowest re~ons~ble b~ds for the cons~ct~on of~e pubhc works or
~mprovem~ts described ~n ~e b~d mvxtat~on, b~d proposals ~d pl~s ~d spemficat~ons thereto,
NOW, THE~FO~,
THE CO~CIL OF THE CITY OF DENTON HE.BY O~A~S
~ ~at ~e following competitive b~ds for ~e construction of pubhc works or
~mprovem~ts, ~ descnbed m ~e "B~d hv~m~ons", "B~d Proposals" or plus ~d specffica~ons on
file m the O~ce of~e C~'s P~c~smg Agent filed according to the b~d nmber ~m~ed h~eto,
~e hereby accepted ~d approved as being the lowest responmble b~ds
Bm
~ER ~ ~O~
2185 DBR CONSTRUCTION $208,080 00
~ That ~e acc~t~ce ~d approval of the above competitive b~ds shall not
constitute a con~act be~een the C~ ~d ~e person submitting the b~d for cons~ct~on of such
public works or ~provements herein ~cepted md approved, ~tfl such person shall comply w~th
all reqmrements specffied m the Not,ce to Bidders ~nclu&ng ~e tamely execution of a wn~en
con~act ~d ~s~g of perfom~ce ~d pa~ent bonds, ~d ms~ce cegfficate a~er
notffica~0n of the awgd of~e b~d
~ That ~e C~ M~ager xs hereby au~onzed to execute all necess~ ~tten
tone.ts for ~e p~o~ce of ~e core.etlon of~e pubhc works or ~mpmv~ents ~n ~cord~ce
w~th the bids ~c~ted ~d approved hereto, provided that such contracts ~e made ~n accord~ce
with ~e No,ce to Bidders ~d B~d Proposes, ~d docm~ts rela~ng th~eto spem~ng ~e terns,
condxt~om, plus md speclfiCa~ons, st~d~ds, qu~tlt~es ~d specffied sins contained ~erem
SECTION IV That upon acceptance and approval of the above compet~ttve btds and the
execution of contracts for the pubhc works and anpmvements as authorized hereto, the Ctty Councd
hereby authorizes the expenditure of funds ~n the manner and tn the mount as specffied tn such
approved b~ds and anthonzed contracts executed pursuant thereto
SECTION V That tins orchnance shall become effective ~mmechately upon ~ts passage and
approval
PASSED AND APPROVED this tho /~, ~ day of /t~tq 7 ,1998
JACK ~I~ER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
2185 CONTRACT ORDINANCE
ATTACHMENT # 1
TABULATION SHEET
BID# 2185
BID NAME WILLOW CREEK DRAINAGE IMPRV & MIKE CRAIG DBR
SANITARY REPLACEMENT GOOD 8AM ALBERT INC OLDEN CONST
DATE 3117198
t WILLOW CREEK DRAINAGE $131,476 00 $t28,270 00 $112,772 00
2 WILLOW CREEK 8EWER REPL~-Cr:MENT $82,47t 00 $75,360 00 $41,2t7 00
3 GOOD SAMARITAN DRAINAGE $47,813 00 $40,149 00 $38,087 00
TOTAL BID AWARD $26t,760 00 $243,779 00 $192,076 0(~
ALTERNATES
ALT 1 INCREASE TO 6"CONCRETE BOTTOM
{Willow Creek) FROM 4" $8,985 00 $6,585 0{) $6,050 00
ALT 2 ADDITIONA CONCRETE FLUME {MINOR ClEC/F~ $14,292 00 $15,196 5{~ $9,954 00
BID BOND YES YES YES
3
CONTRACT AGREEMENT
STATE OF TEXAS §
COUNTY OF DENTON §
THIS AGREEMENT, made and entered into tins 12 day of MAY A.D., 1998, by
and between CITY OF DENTON of the County of DENTON and State of Texas, acUng
through TED BENAVIDES thereunto duly authorized so to do, hereinafter termed
"OWNER," and
DBR CONSTRUCTION
2301 HIN~.P~ DRIVE
DENTON, TX 7~201
of the City of DENTON County of DENTON and State of TEXAS, hereinafter termed
"CONTRACTOR"
WITNESSETH That for and m cons~deraUon of the payments and agreements
hereinafter mentioned, to be made and performed by OWNER, and under the condmons
expressed m the bonds attached hereto, CONTRACTOR hereby agrees with OWNER to
commence and complete performance of the work specified below
BID # ~-~ - WH,LOW CR~,~.K/GOOD SAMARITAN DRAINAGE
m the amount of $208,080.00 and all extra work m connecUon therewith, under the
terms as stated m the General Conditions of the agreement, and at his (or their) own proper
cost and expense to furmsh all materials, supplies, machinery, equipment, tools,
superintendence, labor, insurance, and other accessories and services necessary to complete the
work specified above, m accordance with the cond~ttons and prices stated tn the Proposal
attached hereto, and m accordance w~th all the General Condmons of the Agreement, the
Special Cond~ttons, the NoUce to BMders (Advertisement for BMs), Instructions to B~dders,
and the Performance and Payment Bonds, all attached hereto, and tn
CA - 1
accordance with the plans, which Includes all maps, plats, blueprints, and other drawings and
printed or written explanatory matter thereof, and the Specifications therefore, as prepared by
ENGINEERING DEPARTMENT
all of which are made a part hereof and collectively evidence and constitute the entire contract
Independent Status
It is mutually understood and agreed by and between City and Contractor that
Contractor Is an independent contractor and shall not be deemed to be or considered an
employee of the City of Denton, Texas, for the purposes of income tax, withholding, social
security taxes, vacation or s~ck leave benefits, worker's compensation, or any other City
employee benefit C~ty shall not have supervision and control of Contractor or any employee
of Contractor, and ~t Is expressly understood that Contractor shall perform the services
hereunder according to the attached specfficat~ons at the general d~rectlon of the City Manager
of the City of Denton, Texas, or lus designee under this agreement
Indemnification
Contractor shall and does hereby agree to lndenmlfy and hold harmless the C~ty of
Denton from any and all damages, loss, or habthty of any kind whatsoever, by reason of InJury
to property or third persons occasioned by any error, omission or negligent act of Contractor,
tts officers, agents, employees, mvltees, and other persons for whom ~t ~s legally liable, with
regard to the performance of thls 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 ns
construcuon 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 notice to commence work and complete all work
within the tune stated m the Proposal, subject to such extensions of time as are prowded by the
General and Special Condmons
The OWNER agrees to pay the CONTRACTOR m current funds the price or prices
shown m the Proposal, which forms a part of this contract, such payments to be subject to the
General and Special Conditions of the Contract
CA - 2
IN WITNESS WHEREOF, the parttes of these presents have executed thts agreement
tn the year and day first above written
ATTEST
ATTEST
MAILING ADDRESS
NUMBER
~~lzFr L~'-~
APPROVED A,S~t D/J~vl PI;I1TNTED NA~VIE
CA - 3
BID # 2'~B,=,
PROPOSAL
THE CITY OF DENTON, TEXAS
FOR TI-IE CONSTRUCTION OF
1) WILLOW CREEK DRAINAGE IMPROVEMENTS AND
SANITARY SEWER REPLACEMENTS
2) GOOD SA_MARITAN DRAINAGE IbfPROVEMENTS
DENTON, TEXAS
The undersigned, as bidder, declares that the only person or pames mterested in thts proposal
as pnncipals are those named hereto, that th,s proposal ls made wtthout colluston w~th any other
person, firm or corporation, that he has carefully examined the form of contract, Notice to
Bidders, specifications and the plans thereTn referred to, and has carefully examined the
locattons, conditions, and classes of materials of the proposed work and agrees that he will
provide all the necessary labor, machinery, tools, apparatus, and other ~tems mc,dental to
construction, and will do all the work and furnish all the matermls called for ,n the contract and
specifications m the manner prescribed herein and according to the reqmrements of the C~ty as
thereto set forth
It Is understood that the following quantities of work to be done at unit prices are approximate
only, and are intended principally to serve as a guide in evaluating bids
It ts agreed that the quantities of work to be done at unit prices and material to be furnished may
be increased or diminished as may be considered necessary, m the opinion of the C~ty, to
complete the work fully as planned and contemplated, and that all quantities of work whether
increased or decreased are to be performed at the 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 addtttonal work ordered by
the City, but not shown on the plans or required by the specifications, in accordance with the
prowsions to the General Conditions Similarly, they may be decreased to cover deletion of
work so ordered
It is understood and agreed that the work is to be completed in full w~thm the number of work
days shown on the bid tabulation sheet
Accompanying this proposal ~s a certified or cashier's check or B~d Bond, payable to the Owner,
~n the amount of five percent of the total bid
It is understood that the b~d security accompanying thts proposal shall be returned to the b~dder,
unless in case of the acceptance of the proposal, the bidder shall fail to execute a contract and
file a performance bond and a payment bond wtthm fifteen days after ~ts acceptance, ~n which
case the b~d security shall become the property of the Owner, and shall be conslclered as a
payment ~'or damages due to delay and other ~nconvemences suffered by the Owner on account
of such fmlure of the btdder Owner reserves the right to reject any and all bids Owner may
tnvest~gate the prior performance of b~dder on other contracts, either public or private, tn
evaluating bid proposals Should b~dder alter, change, or quahfy any specdicat~on of' the b~d,
Owner may automatically d~squahfy bidder
The undersigned hereby proposes and agrees to perform all work of whatever nature required,
in strict accordance w~th the plans and spec~fications, for the following sum or prtces, to w~t
P-2
Willow Creek Drainage BID TABULATION 8HEET Work Days 20
PO
Item U~ Total
21 Cu~-ac, tor~ Warrallti~s oUL $ 4220 oo
UDIt Ih'iCa hl Word~ Thousand Two Hundred
24-A OabionMmt~ss 1750 45 00'S Y 78750 oo
Umt Pm.cc In Words Five Dollars*
Remove Concrete Flume 4 25 o~S Y 100 oo
UD. It PIlc~ 11~ WOi'cL~ *Twent: Five
Stat l:~l'lCe In WordJ *Four Thous
3 UZ~¢I~sl~cd Excav~tlou 496
Umt Pnc~ In Words
,acted F,11 21
Umt Phc: In Words
200 2 oo/s Y 400 oo
107
*Two Dollars*
Umt Pncc In Wo~ds
looo O~L S looo oo
12 , Ero~on Control
Thousand Dollars*
Umt Pncc In Wo~ds
lo00 0~L S 10oo 0o
! .arrtcades, ~ and Demurs
UmtPnccInWords *One Thousand Dollars*
10o0 0~L $ 10o0 oo
g 14 ll~ous Fence
*One Thousand Dollars*
Umt Pnc¢ Ln Wo~ds
15-A Channel4" 600 27 0/~ Y ;16200 oo
Ulllt Price 111 WOrd~ *Twenty Seven Dollars*
S.,w Cut 6 2 o~L F 12 oo
Unit Price In Words *Two Dollars*
50 10 0aC Y 500 00
, ]~xcs.vatton
Unit Prlcc In Words Dollars*
REVISED 05-
ADDENDUM
F~0,. CItY 0Y ~f~Im0~ WorkDays 20 .
Willow Creek Drainage BID TABULATION SHEET Work Days ,,,, _20
B~d No
PO
l~tem, I ,,,,,,,,, ..... Des~'ipt~on I' 'q'~n~it7 I vnlcl UnitPri¢~'rI', .... 'rot ,,
I Umt Pnce In Words *Two Hundred Dollars* $
/
~t Pno~ In Word~
/
Unl~ Price In Word~
TOTAL $ 112,772
REVISED
ADDENDUM #1 P
FEON CITY OF DENTON F~IX NO ~ t9405497~02
W~ow Creek Sewer BID TABULATION SHEET Worx Days ,,,2c__
Replacement Bid No
PO,
Item Ualt Price Total
2I 1526 0~LS $ 1526 00
U~t 13~¢0 I~ ~fo~ds ~One Thousand Five Hundred
12-A 15" ,Sewer 277 50 06LF $13850 O0
Unit Pti(lo ~ ~/Or(~ Dollars*
12 -B Sewer 57 40
Umt Pnce In Words
1526 OfL S 1526 00
1
Thousand Five Hundred Twenty Six Deli ar
Unit PhC: Ia Words
12 Brosion Control $10oo 0)~L S 10oo oo
. ~ *One Thousand Dollars*
~--~A $2000 0~A $ 4000 00
Umt Pnce In Words .... I
Un, Pn vc In Words ~ ............
llxoavatlon 50 10 qIZ Y 500 0o
Umt Pr[co In Words *Ten Dollars*
SP-37 Protection 120 500fL F 600 oo
Umt Pncc In Words *Five Dollars*
aadPlu ~Sewer 7 $500 oo~k 35o0 oo
U~t l~'r{G~ In Word~ *Five Hundred Dollars*
P-49 R._,:~_ove~.',;.t,- 387 5 oofLF 1935 00
Umt P~G~ ~ Words *Five Dollars*
,{m~hol: I ,500 oo/EA 500 oo
*Five Hundred Dollars*
U~te Price In Words
REVISED oh-- ti
ADDENDUM #1 p s
Replacement B~d No
PO
2 500 00~A 1000 00
Ua/~ P~¢e Tn Worda ~Five Hundred Dollars*
/
Umt Pnc~ Tn ~Vords
/
Umt Price ~ Wo~
~1,217 00'
TOT~
REVISED o3-//-¢'~
ADDENDUM #1 P ~
Good Sarnarl[an Work Days ,,,,,15.
Drainage Improvements Bid No
PO
Item I Deserlptlo~ " I quamlt7 I U'a'tl Unit Pmce I Total [
Umt ~ce [nWord8 *0no Thousand Four Hundred Ten Dollars~
~ab[onMat~ss 374 45 0~Y 16830 00
Urn: Pncc In Words *Forty Five Dollars*
Oab,~ B~ke~ 9 375 O~Y 3375.00
U~l~rle~ ~ WOf~ *~ree Hundred Sevent Five
1410
1
U~I P~Io~ I~ Words *One ~ousand Four Hundre
3 Unolasmfi~ ~cavm~ 83 t o. ff~'
U~ PBCO lit WO~S *Ten Dollars~
FIll 42 10
*Ten Dollars*
Umt ~ce In Wor~
2 oo /S Y looo oo
]07 -
*Two Dollars*
UmtPnce~Wo~ds looo.o~ S looo oo
12 ConSol
Thousand Dollars*
Umt PhC: In Wozds
27 9612 00
[5-A ~ Ch~el 4" 356
*~enty Seven Dollars*
Um~ Pnce ~ Wo~
[ooo o~ ~ [ooo oo
~d Deto~
1
*One ~ousand Dollars*
Um[ Pnce In Wo~ds
~ 14 stall.co. Fence $ 500.0~ S 5oo oo
*Five Hundred Dollars*
Umt Pnce ~ Wor~
oo
50
*Ten Dollars*
Umt P~ce In Words
REVISED ,¢$
ADDENDUM #1 P 7
......... F~){ NO : 19405497~02
FROM: CITY OF DENTON
Oood Samaritan WorJ< Days 15~
Drainage Improvements
PO
Item 1'"" Description ...... ' Quantity I,UnltI Unit Prtce ] To, tal
I
U~fi~ Price h W0r~ *~o Hundred Dollars*
Umt ~c~ In Word~
/
Umt Prlc~ In Word~
TOT~
Willow Creek Drainage BID TABULATION SHEET Work Days_20~
,~Jltemate #1 BId No, __
PO No
IS-B Co~__~c~p.~ap~h-~.16" 600 t SY, I$ 36 oCSY $ 21600 oo
33 Unc!~,ified~vaion - f61 ICY ]$ 10.~Y~$~9~0 00,
U~t ~C8 ~ ~O~ *Ten Dollars*
TOT~ $ 27,2to oo~
REVISED 4)3-
ADDENDUM #1
Willow Creek Drainage BiD TABULATION SHEET Work Days__20 .
Alternate ~Z Bid No, , ....
Po
! *_e_.,_ U=~t Price Total
i~_~e~r~VO COllcrete Fh~_m__e 5" 108 15.00/SY 1620 00
U~Jt I~JC8 [.t3 Wol'ds ~F£fteen Dolllars*
SP-42-B Con~rete Flume 6" ~225 36. oo/SY 8100 oo
Un/t PhC: In Worth six
SP-2 ~on~e Saw ~t 4
U~t ~ce In Wo~
107 113 2.00/SY 226 oo
*Two Dollars*
Price ~ Wo~s
TOT~ $ 9,954 00.
REVISED
ADDENDUM #1
BID SUMMARY
BASE
PROJECT WORK DAYS BID
I Willow Creek Drainage 20 $112,772 00
2 W,Ilow Creek Sewer Replacement 20 $ 41,217 oo
3 Good Samaritan Dra, nage 15 $ 38,087 00
TOTAL $$ $ 192,076 00
ALTERNATE
PROJECT WORK DAYS BID
Alt I 6" Concrete Bottom (Willow Creek) N/A $ 27,2 I0 00
Alt 2 Additional Concrete Flume I0 $ 9,954 00
(Minor Circle)
All three pomons of th~s project will be awarded to one contractor Award of the bid will be based on
the base total Wallow Creek Drainage, Willow Creek Sewer Replacement, and Good Samaritan
Drainage are being separated for bookkeeping purposes only Total work days for the project will be
enforced Days wdl not be kept separately on each secuon of the project Bids on alternates will not be
considered m determining the lowest responsible b~dder
B-2
BID SLrMMARY
TOTAL B~D PRICE IN WORDS *One Hundred Ninety Two Thousand Seventy Six
Dollars and Zero Cents*
In the event of the award of a contract to the undersigned, the undersigned w~ll furmsh a
performance bond and a payment bond for thc ilar amount of the corm'act, to secure proper
compliance with the terms and pwvlsinns of the contract, to unsure and guarantee the work- until
final complenon and aceeptance, and to guarante~ payment for all lawful clmms for labor
performed and materials funushed in the fulfillment of the contract
It is understood that the work proposed to be done shall be accepted, when fully completed and
fimshed m accordance with the plans and specdicat~ons, to the samsfacuon of the Engineer
The undersigned certifies that the bid pnc~ contained m this proposal have been carefully
checked and ar~ subnutted as correct and final.
Umt and lump-sum pnces as shown for each item hsted tn this proposal, shall control over
~(tenslons
DBR Construction Company,Inc.
onl~R~ehards
2301 Hinkle Dr.
Street Addre~
Denton,TX
Cz~ ~d sram
Au~o~on
B-!
~ ~X~lJ'r,c,] ~ I~OUK (/,,) O]~OT-~IIAT-C:
PERFORMANCE BOND ~o~ ~o. 7~
STATE OF TEXAS § BOND PREMIUM BASED ON
FINAL CONTRACT PRICE
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS That I)BR CONSTRUCTION, whose
address is 2301 t~LE DR., DENTON, TX 76201, hereinafter called Principal, and __
Capitol Inde~nity Corporation a corporation organized and
existing under the laws of the State of WISCONSIN, and fully authorized to transact business
m the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a
mumcipal corporation organtzed and existing under the laws of the State of Texas, hereinafter
called Owner, m the penal sum of TWO HUNDRED EIGIiT THOUSAND AND EIGHTY
and no/100 DOLLARS ($ 208,080.00) plus ten 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 identified Contract, in lawful money of the
United States, to be paid m Denton County, Texas, for the payment of which sum well and
truly to be made, we hereby brad ourselves, our heirs, executors, administrators, successors,
and assigns, jointly and severally, firmly by these presents This Bond shall automatically be
increased by the amount of any Change Order or Supplemental Agreement which increases the
Contract price, but in no event shall a Change Order or Supplemental Agreement which
reduces the Contract price decrease the penal sum of this Bond
THE OBLIGATION TO PAY SAME is conditioned as follows Whereas, the
Principal entered into a certain Contract, ldenufied by Ordinance Number 98-123, w~th the
City of Denton, the Owner, dated the 12 day of MAY A.D. 1998, a copy of which is hereto
attached and made a part hereof, for BID # 2185- WILLOW CREEK / GOOD
SAMARITAN DRAINAGE.
NOW, THEREFORE, ff the Principal shall well, truly and faithfully perform and fulfill
all of the undertalongs, covenants, terms, conditions and agreements of said Contract in
accordance w~th the Plans, Specifications and Contract Documents during the original term
thereof and any extension thereof which may be granted by the Owner, w~th or without notice
to the Surety, and during the life of any guaranty or warranty required under th~s Contract, and
shall also well and truly perform and fulffil all the undenalongs, covenants, terms, cundmons
and agreements of any and all duly authorized modifications of sa~d Contract that may
hereafter be made, not~ce of wfuch modifications to the Surety being hereby waived, and, if the
Principal shall repair and/or replace all defects due to faulty materials and workmanship that
appear w~thm a period of one (1) year from the date of final completion and final acceptance of
the Work by the Owner, and, if the Principal shall fully indemnify and save harmless the
Owner from all costs and damages wfuch Owner may suffer by reason of fadure to so perform
herein and shall fully reunburse and repay Owner all outlay and expense which the Owner may
incur in mal~ng good any default or deficiency, then this obligation shall be void, otherwise, it
shall remain m full force and effect
PB - 1
PROVIDED FURTHER, that if any legal action be filed upon th~s Bond, exclusive
venue shall he m Denton County, State of Texas
AND PROVIDED FURTHER, that the sa~d Surety, for value recelved, hereby
stipulates and agrees that no change, extension of tune, alteration or addmon to the terms of
the Contract, or to the Work to be performed thereunder, or to the Plans, SpeclficaUons,
Drawings, etc, accompanying the same, shall m anywise affect its obhgaUon on this Bond,
and it does hereby wmve not,ce of any such change, extension of tune, alteration or addition to
the terms of the Contract, or to the Work to be performed thereunder, or to the Plans,
Spec~ficatzons, Drawings, etc
Th~s Bond ~s given pursuant to the provls~ons of Chapter 2253 of the Texas
Government Code, as amended, and any other apphcable statutes of the State of Texas
The undersigned and designated agent ~s hereby designated by the Surety hereto as the
Resident Agent m Denton County to whom any reqms~te notices may be dehvered and on
whom service of process may be had m matters arising out of such suretyship, as provided by
Article 7 19-1 of the Insurance Code, Vernon's Annotated C~vd Statutes of the State of Texas
IN WITNESS WHEREOF, this mstrumeut ~s executed in 4 copies, each one of which
shall be deemed an original, tlus the 12 day of MAY 1998
ATTEST PRINCIPAL
ATTEST SURETY
~.;anoace osmano, ~naer~r~c~n~ emnsser BY
ATTOR~Y-IIX~FACT/ gathy R. Z~rek
T~e ~es~aent A~ent of me Surety m Denton Count, Tex~ for ael~very of nouce ~a serwce
of me process ~s
NAME v.R. ~o, Jr., ~ety ~d C~ecti~ ~ency, Iuc
ST~ET ADD.SS x;;;n ne;ton ~ae, ~xx~, ~ 7~ze2
(NO~ Date of Pe~o~nce Bond must be date of Contract If Resident Agent ts not a
co~oratton, gtve a person's name )
2185 CONT~ & ~ND
5 14 98
PB - 2
]aO~D ~Cu'~,u ~ ~ (4) O]CTG/~IAI~
~).ND NO 733654*
PAYMENT BOND
STATE OF TEXAS § BOND PREMIUM BASED ON
FINAL CONTRACT PRICE
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS That DBR CONSTRUCTION, whose
address is 2301 HINKLE DRIVE, DENTON, TX 76201, hereinafter called Principal, and
Capitol Indemnity Corporation , a corporation organized and
ex~stmg under the laws of the State of WISCONSIN, and fully authorized to transact business
m thc State of Texas, as Surety, are held and firmly bound unto the C~ty of Denton, a
mumctpal corporation orgamzed and extstmg under the laws of the State of Texas, hereinafter
called Owner, and unto all persons, firms, and corporattons who may furmsh materials for, or
perform labor upon, the braiding or maprovements hereinafter referred to, m the penal sum of
TWO HUNDRED EIGHT THOUSAND AND EIGHTY and no/100 DOLLARS
($ 208,080.00) m lawful money of the Umted States, to be pa~d m Denton, County, Texas, for
the payment of winch sum well and truly to be made, we hereby bmd ourselves, our heirs,
executors, administrators, successors, and assigns, jointly and severally, firmly by these
presents This Bond shall automatically be increased by the amount of any Change Order or
Supplemental Agreement whtch increases the Contract price, but tn no event shall a Change
Order or Supplemental Agreement which reduces the Contract price decrease the penal sum of
thts Bond
THE OBLIGATION TO PAY SAME is conditioned as follows Whereas, the Principal
entered into a certain Contract, ~dentffied by Ordinance Number 98-123, with the Ctty of
Denton, the Owner, dated the 12 day of MAY A.D. 1998, a copy of winch ts hereto attached
and made a part hereof, for BID # 2185- WILLOW CREEK / GOOD SAMARITAN
DRAINAGE.
NOW, THEREFORE, ff the Pnnctpal shall well, truly and fatthfully perform tts duties
and make prompt payment to all persons, firms, subcontractors, corporaUons and clan'o_ants
supplying labor and/or material m thc proseeutlon of the Work provtded for in satd Contract
and any and all duly authorized modfficaUons of said Contract that may hereafter be made,
nouce of which modfficaUons to the Surety being hereby expressly wmved, then thts obhgatton
shall be votd, otherwtse n shall remain m full force and effect
PROVIDED FURTHER, that ff any legal action be filed on thts Bond, exclusive venue
shall lie m Denton County, Texas
AND PROVIDED FURTHER, that the sa~d Surety, for value received, hereby
supulates and agrees that no change, extension of tune, alteration or addtt~on to the terms of
the Contract, or to the Work to be performed thereunder, or to the Plans, Spccfficauons,
Drawings, etc, accompanying the same, shall tn anywtse affect ns obhgauon on thts Bond,
and tt does hereby watve nottcc of any such change, extension of tune, alteratton or addmon to
the terms of the Contract, or to the Work to be performed thereunder, or to the Plans,
Specfficatlons, Drawings, etc
PB - 3
Tins Bond is g~ven pursuant to the provlmons of Chapter 2253 of the Texas
Govermnent Code, as amended, and any other apphcable statutes of the State of Texas
The undermgned and demgnated agent m hereby demgnated by the Surety herein as the
Remdent Agent tn Denton County to whotn any reqmmte nonces may be dehvered and on
whotn service of process may be had tn matters arlstng out of such suretyslmp, as provided by
Artmle 7 19~1 of the Insurance Code, Vernon's Annotated Cxwl Statutes of the State of Texas
IN WITNESS WHEREOF, thru instrument m executed in 4 cop~es, each one of whmh
shall be deemed an original, thru the 12 day of MAY, 1998.
ATTEST PRINCIPAL
y~l~ Dlm ~o~saaulerx~ol~
ATTEST SURETY
ATTORI~Y-I~-FACT / ~y ~ ~c~arek
The Remdent Agent of the Surety tn Denton County, Texas for dehvery of noUce and servtce
of the process m
NAME v.a. Damianos Jr., Surety Bond Connection Agency, Inc.
STREET ADDRESS ~77~ Preston Road, Dallas, ~/ 75252
(NOTE Date of Payment Bond must be date of Contract If Resident Agent ts not a
corporatton, give a person's name )
2185 CONTRACT & BONDS
PB - 4
IMPORTANT NOTICE
To obtain mformabon or make a complaint
You may contact the Texas Department of insurance to obtain ~nformabon on
companies, coverages, r~ghts 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.
Thru nobce ~s for ~nformabon only and does not become a part or cond~bon of the
attached document
I DEMIqlTY CORPORATION
AVENUE SUITE 1400 MADISON WISCONSIN 53705 0900
4610
UNIVERSITY
PLEASE ADDRESS REPLY TO PO BOX sg00 MADISON WI 53705 0900
PHONE (608) 231 4450 FAX (608) 231 2029 ~olld No. 733656,
POWER OF ATTORNEY No
Know all men by these Presents, That the CAP TOL NDEMNITY CORPORATION. a corporation
of the State of W~sconsm. hawng ~ts pnnc~pal offices m the City of Madison W~scons~n. does make constitute and appo nt
................... V R D~I~O, JR, J~ES V D~IANO, CANDACE DAMIANO, - ...................
.................. ~THY R ZACH~K, ~NNETH ZACH~K, SHERRI L SCHR~R .....................
ts true and lawful Attorney(s) ~n-fa~t, to make, execute, seal and deliver for and on ~ts behalf as surety, and as ~ts act
and deed any and ail bonds undedakmgs and Co~traCts of suretyship, prowded that no bond or undedakmg or contract
of suretyship executed~nder t~. ~horlty shall exceed ~n amount the sum of
.....................................
Th~s Power of Attorney ~s granted and ~s s~gned and sealed by facs~mde 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 he President and V ce President, the Secrets y or Treasurer acting md~wdually or othe~me be and they hereby are granted
he owe and autho ~zaton o appoint by a Power o Attorney for the purposes on~y of execuhng and attesting bon~s and undedak~ngs and other
. P ..... ~ ._,_.~ ,~..~ ~ne or more resident vice nresldents assistant secreta.es and attorney(s) ~n tact each appointee to.~av~
~ g g n~ %u ~ u~u~ tn ~uch offices to the bus ness o h s company the s gna ure of such ofhcers and seal of the Company may be amx~o
signa[~res o~ ~c~,,,,2,,~ .~% ~2~'~ff ..... +k~ ¢%~2 ...... m~ f~ture w~th resnect to any bond or undertaking or other writing obligatory m the
nature thereof to which tt ~S a~ached Any such appomtmen~ may be revoked o cause or w hout cause by any of sa~d ofhcers at any hmo
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 affixed duly attested by ~ts Secretary th~s 1st day of June 1993
CAPITOL INDEMNITY CORPORATION
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 ts the President of
CAPITOL INDEMNITY CORPOR~TIOH, the corporation descnbed ~n and which executed the above instrument that
he knows the seal of the sa~d corporabon, that the seal affixed to sa~d ~nstrument ~s such corporate seal, that ~t was so
affixed by order of the Board of Directors of sa~d co~orabon and that he s~gned h~s name thereto by like order
STATE
OF
WISCONSIN
COUNTY OF DANE
~.~.~ Notary Public, Dane Co WI
.~zr~ ~, ~%~ My Commission is Permanent
CERTIFICATE
I tim undersigned duly elected to the ofhce stated below now tho recumbent {n CAPITOL INDEMNITY
CORPORATION a W~sconsm Corporabon authorized to makD th~s cerbhcate DO HEREBY CERTIFY that the foregoing
attached Power of Attorney remains m full force and has not been revoked and furthermore that the Resolution of the
Board of D~rectors set forth in the Power of Attorney ~s now m force
S~gned and sealed at the C~ty of Mad[son Dated th~¢¢.,//¢/,~ ~th day of ~ ~y 19 98.
CM'tlfk~te HOEJM i ~ # A(klltJeMI kwJm4 M ~ ~t
~'. ~L ~ DAY~ WRI~N NO~CE TO ~E CE~FICA~ HO~ER N~ED TO ~E
C~ Of D~ ~ ~ BUT FN~U~E TO MAIL SUCH ~C~ ~H~ IMPOSE flO O~U~ON OR
CITY OF DENTON
INSURANCE REQUIREMENTS FOR CONTRACTORS
Bidder's. attention is directed to the Insurance requirements below. It is highly
recommended that bidders confer with their respective insurance carriers or brokers
to determine in advance of Bid submission the availability of insurance certificates and
endorsements as prescribed and provided herein If an apparent Iow bidder fails to
comply strictly with the insurance requirements, that bidder may be disqualified from
award of the contract. Upon bid award, all Insurance requirements shall become
contractual obligations which the successful bidder shall have a duty to maintain
throughout the course of this contract.
STANDARD PROVISIONS:
Without limiting any of the other obligations or I~ab~ht~es of the Contractor, the
Contractor shall provide and maintain until the contracted work has been completed
and accepted by the City of Denton, Owner, the m~n~mum ~nsurance coverage as
~ndicated 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 title of the project Contractor may, upon wntten request to the
Purchasing Department, ask for clarification of any ~nsurance requirements at any
time, however, Contractors are strongly adwsed to make such requests prior to b~d
open~ng, since the ~nsurance requirements may not be modified or waived after b~d
opening unless a written exception has been submitted w~th the bid. Contractor shall
not commence any work or deliver any material until he or she receives notification
that the contract has been accepted, approved, and signed by the City of Denton.
All insurance policies proposed or obtained ~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, if so noted:
· Each pohcy shall be ~ssued by a company authonzed to do bus,ness in the
State of Texas w~th 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,
AAA00360
1
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
· L~ab~hty pollmes shall be endorsed to prowde the follow~ng:
· · Name as additional insured the City of Denton, ~ts 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 ~nsured against whom
clmm is made or suit is brought. The inclusion of more than one
insured shall not operate to increase the insurer's limit of I~ability.
· All policies shall be endorsed to provide thirty(30) days prior written not,ce
of cancellation, non-renewal or reduction in coverage.
· Should any of the required insurance be provided under a claims-made
form, Contractor shell malntmn 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 cowrage
that Includes a general annual aggregate limit providing for c;atms
investigation or legal defense costs to be ,ncluded ~n the general mmual
aggregate limit, the contractor shall either double the occurrence limits or
obtmn Owners and Contractors Protective Liability Insurance.
· Should any reqmred 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 rmnstated coverage as required by thls
contract, effective as of the lapse date. If ~nsurance ~s not reinstated, C~ty
may, at its sole option, terminate this agreement effective on the date of
the lapse.
AAA00350
.~-vm~o ~o/~:/~4 CI - 2
Insurance Requirements
Page 3
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS:
All insurance pohc,es proposed or obtained ~n satisfaction of th~s Contract shall
additionally comply with the following marked specifications, and shall be mamtmned
~n compliance with these additional spec~flcations throughout the duration of the
Contract, or longer, if so noted:
[X] A General Liability Insurance:
General Liability insurance w;th combined single l~m~ts of not less than
1,000,000 shall be provided and maintained by rite contractor The pohcy
shall be written on an occurrence bas~s either ~n a s~ngle pohcy or In a
comb;nation of underlying and umbrella or excess pohc;es
If the Commercial General L;ab;hty form (ISO Form CG 0001 current
edition) ,s used:
· Coverage A shall ~nclude premises, operations, products, and
completed operations, ,ndependent contractors, contractual I~ab~hty
covenng th~s 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~hty form (ISO Form GL 0002 Current
Edition and ISO Form GL 0404) ;s used, ~t shall ~nclude at least
· Bod,ly ~n]ury and Property Damage L~abJhty for premises,
operations, products and completed operations, independent
contractors and property damage resulting from explos~c n, collapse
or underground (XCU) exposures
· Broad form contractual habthty (preferably by endorsement)
covenng th~s contract, personal injury liability and broad form
property damage hab;hty.
~=V~SED ~0,~/04 Cl - 3
Insurance Requirements
Page 4
[X] Automobile Liabihty Insurance:
Contractor shall provide Commercial Automobile Liability insurance w~th
Combined Single Limits (CSL) of not less than 1,000,000 either m a single
policy or in a combination of basic and umbrella or excess pohcms. The policy
will include bodily injury and property damage liability arising out of the
operation, maintenance and use of all automobdes and mobile equipment used
in conjunction with this contract.
Satisfaction of the above requirement shall be m the form of a pohcy
endorsement for
· any auto, or
a all owned, hired and non-owned autos
IX] Workers Compensation Insurance
Contractor shall purchase and maintain Worker's Compensation ~nsurance
which, in addition to meeting the minimum statutory requirements for issuance
of such insurance, has Employer's Liability limits of at least $100,000 for each
accident, $100,000 per each employee, and a $500,000 policy limit for
occupational disease The City need not be named as an "Additional Insured"
but the insurer shall agree to wmve all rights of subrogation against the City,
its, officials, agents, employees and volunteers for any work performed for the
City by the Named Insured For building or construction projects, the
Contractor shall comply with the provisions of Attachment 1 in accordance
with §406.096 of the Texas Labor Code and rule 28TAC 110 110 of the Texas
Worker's Compensation Commission (TWCC).
[ ] Owner's and Contractor's Protective Liabihty Insurance
The Contractor shall obtain, pay for and maintmn at all t~mes during the
prosecution of the work under this contract, an Owner's and Contractor's
Protective L~ability ~nsurance pohcy naming the City as insured for property
damage and bodily injury which may arise in the prosecution of the work or
contractor's operations under this contract Coverage shall be on an
AAA00a60
REVISED 10112M4 CI -
4
Insurance Requirements
Page 5
"occurrence" basis, and the policy shall be issued by the same insurance
company that carries the contractor's liability ~nsurance Policy hm~ts will be
at least combined bodily injury and property damage per
Occurrence w,th a aggregate.
[ ] Fire Damage Legal Liability Insurance
Coverage is required if Broad form General Liability ,s not provided or ~s
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.
[ ] Builders' Risk Insurance
Builders' Risk Insurance, on an Ali-Risk 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 their interests may appear.
[ ] Additional Insurance
Other insurance may be required on an tndiwdual basis for extra hazardous
contracts and specific service agreements. If such additional insurance is
required for a specific contract, that requirement will be described ~n the
"Specific Conditions" of the contract specifications.
~'WSED ~o/~/~4 CI - 5
Insurance Requirements
Page 6
ATrACHMENT I
[X] Worker's Compensation Coverage for Budding or Construction Projects for
Governmental Entities
A. Definitions:
Certificate of coverage ("certificate")-A copy of &cert;flcate of insurance,
a certificate of authority to self-~nsure ~ssued by the commission, or a
coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84),
showing statutory workers' compensation ~nsurance coverage for the
person's or entlty's employees providing serv,ces 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 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 serwces on the p;oject
"Services" InclL.de, without limitation, prowding, hauling, or delivering
equipment or materials, or providing labor, transportation, or other service
related to a project "Services" does not ~nclude actlwtms 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 (~.~.} for all employees of the contractor prowdmg services
on the project, for the duration of the project
r~V,SEO ~o,~,~ CI - 6
Insurance Requ,rements
Page 7
C. The Contractor must provmde 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 dunng the duret~on of the project, the contractor must, prior
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 prowde to the governmental entity'
(1) a certificate of coverage, prior to that person beginning work on the
project, so the governmental entity w~ll 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 showmng extension of coverage, if the coverage
period shown on the current certificate of coverage ends during the
duration of the project.
F. The contractor shall retain all required certificates of coverage for the
duration of the project and for one year thereafter.
G. The contractor shall notify the governmental entity in writing by certIfied
mail or personal delivery, within 10 days after the contractor knew or
should have known, of any change that materially affects the prowsion 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.
AAAOO3B0
Rb'~ISED 10112/94 Cl - 7
Insurance Requirements
Page 8
I. The contractor shall contractually require each person with whom
contracts to provide servmes on a project, to'
(1) provide coverage, based on proper repomng of classification codes
and payroll amounts and fihng of any coverage agreements, which
meets the statutory requirements of Texas Labor Code, Section
401.011 (~. ~.I for all of its employees prov,dlng 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 it contracts, and provide to
the contractor:
a certificate of coverage, prior to the other person beginning
work on the project; and
{b) a new certificate of coverage showing extension of coverage,
prior to the end of the coverage period, ~f 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 entlW in writing by certified mall 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
~-v~aE= ~on;m4 Cl - 8
Insurance Requirements
Page 9
(7) contractually require each person with whom It 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 serv,ces
J. By signing this contract or providing or causing to be prowded a certificate
of coverage, the contractor Is representing to the governmental entity that
all employees of the contractor who will provide services on the project w,II
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-insurad, with
the commission's Division of Self-Insurance Regulation Providing false or
m,sleading information may subject the contractor to adm,nistratlve
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 e~t,tles the governmental entity to
declare the contract vo,d if the contractor does not remedy the breach
w~thin ten days after recmpt of notice of t~reach from the governmental
entity
AAA00360
,~-v~.~., ~o~,~ CI - 9