Loading...
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