1997-303AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD
OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS, PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the C~ty has sohclted, received and tabulated competitive bids for the
constructmn of pubhc works or ~mprovements m accordance w~th the procedures of STATE law
and C~ty ordinances, and
WHEREAS, the C~ty Manager or a designated employee has received and recommended that
the here~n described b~ds are the lowest responsible bids for the construction of the pubhc works or
~mprovements described m the b~d invitation, bid proposals and plans and specfficat~ons there~n,
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECIiO3S~ That the following competitive b~ds for the construction of pubhc works or
~mprovements, as described ~n the "Bid Inwtataons", "B~d Proposals" or plans and spemficat~ons on
file in the Office of the Clty's Purchasing Agent filed accor&ng to the b~d number assigned hereto,
are hereby accepted and approved as being the lowest responsible bids
BID
N1 IMBER ~IOR AMOUNT
2103 DBR CONSTRUCTION $193,875 00
SECTION II That the acceptance and approval of the above competmve bids shall not
constitute a contract between the C~ty and the person submitting the b~d for construction of such
pubhc works or improvements herem accepted and approved, until such person shall comply with
all reqmrcments spemfied ~n the Not,ce to Bidders mcludmg the t~mely execution of a written
contract and furmshmg of performance and payment bonds, and insurance certfficate after
nonficatmn of the award of the b~d
SECTION III That the City Manager ~s hereby anthonzed to execute all necessary written
contracts for the performance of the constmctton of the pubhc works or ~mprovements m accordance
w~th the b~ds accepted and approved herein, prowded that such contracts are made ~n accordance
vath the Not,ce to Bidders and B~d Proposals, and documents relating thereto specifying the terms,
con&tlons, plans and specfficatmns, standards, quantities and specffied stuns contmned therein
SRCTION IV That upon acceptance and approval of the above competmve bxds and the
execution of contracts for the pubhc works and xmprovements as authorized herexn, the C~ty Counml
hereby anthonzes the expenditure of funds m the manner and ~n the amount as specffied ~n such
approved b~ds and authorized contracts executed pursuant thereto
SEC. LIIOI2X That thts ordinance shall become effective ~mme&ately upon its passage and
approval
PASSED AND APPROVEDthxsthe6~/ dayof ~_~/~/~'~4~ ,1997
JACK MILLER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
2
DATE OCTOBER 21, 1997
CITY COUNCIL REPORT
TO Mayor and Members of the City Council
FROM Kathy DuBose, Assistant Clty Manager of Finance
SUBJECT ' BID # 2103 - LOWER PEC-4 CHANNEL IMPROVEMENTS
RECOMMENI]ATION: We recommend this bid be awarded to the single bidder, DBR Construction in
the amount of$193,875 00 w~th completion by January 16, 1998
SUMMARY: This bid is for the furmshmg of all materials, labor, tools and equipment necessary for the
construction of improvements to the drainage channel extending from Bradshaw Street (lust south of Prairie
Street), east and north to the confluence vath Pecan Creek This section of drainage channel is referred to as
Lower PEC-4,
The orojeet consist of pipe barrier gates, grading, stone transition, concrete channel lining, protective fencing,
erosl~on eontrdls and hydromulehlng of exposed areas
The project was designed by Teague Nall and Perkins under the guidance of City of Denton Staff
Bid notices were sent to 64 prospective bidders and only one response was received The project must be
completed by January 16, 1998 or the 404 Permit required by the U S Corp of Engineers will expire
PROGRAMS: D~PARTMENT~q OR C. ROLTPS AFFECTED: Citizens in the general project location
area, City of Denton Engineering Staff
EiSCAI,~A~LT~ Funds for thm project vall come from the 1997-98CIP program Project#81084,
Pecan Creek Tributary Improvements (PEC-4)
Attactuncnts Tabulation Sheet
Memo from David Salmon, Engineering Administrator
Letter date 9-27-97 from Teague Null & Perkins
Respectfully submitted
~itliJc~_u~se
Assistant City Manager of Finance
Approved
CFM
Title Purchasing Agent
944 AGENDA
3
BID NAME LOWER PEC-4 DBR
CHANNEL IMPROVEMENTS
IOPEN DATE 25,
SEPTEMEBER
1997
-~-- QT~ Di~SCRIPTION VENDOR VEN~_ OR
I LS BASE BID $193,875 00
BID BOND YES
4
MEMO
DATE September 30, 1997
TO Tom Shaw, Purchasing Agent
FROM David Salmon, Eng~neerln~ Administrator
SUBJECT B~d for Lower PEC-4 Channel Improvements
Bids were opened on the above mentioned pro3ect on September 25,
1997 DBR Construction was the only b~dder Their b~d was
$193,875 00
This pro3ect was designed for the City by Tea~ue, Nall and
Perklns Consultlng Engineers They estlmated the pro3ect would
cost $196,909 whlch ls wlthln 1 5% of the bid (letter from
Teague, Nall and Perkins attached) As explained ~n their
letter, the City has a short time frame to complete th~s project
due to the exp~ratlon of the 404 permit required by the U S
Corps of Engineers We have spoken w~th the contractor and ~t is
h~s intention to complete the pro3ect by the January 16, 1998
deadline barring unforeseen, uncontrollable c~rcumstances
DBR Construction has performed many s~mllar projects for the C~ty
of Denton ~n the past wlth satlsfactory results
Jerry and I both concur w~th the consultant that th~s b~d should
be awarded to DBR Construction Please schedule th~s b~d for the
October 21st~C~ty Council meeting
D~9~d ~a~n ,~ E
AEE00936
5
TEAGUE AN D PERKINS
C O N ~ U L ~' N 0 I N E ~ ~ ~
$~;, 29, 1997
Mr ~.y Clark, P E.
Dir~t0r of Engtnoormg and Ttamponadon D~pt
City o~ Danton
221N. ]3int St.
Demon, TX 76201
RE: Lower PRC-~ Constr. Cost E~tfmate
TNP No DEN97125
Att~c~ed pioas~ find our revised Opmmn of Probable Co~, wtuch reflects bcttcr umt pncc
from several independent sources. I have con~ it to the bid prices sub~mucd by DBR
Consm~et~on As you cen se~. th~ bid pnc~ subnnucd looks re~somble I would normally not
use a l~ contingency ~t this sta~c of the project, but ~ven ~he generally hcavy work ioed of
most cm~'actors, and thc Ught co~ln~c~on schedule r~luLrcd, I did ~ f~ com/'or~hie m
quandf~m8 d~se fltctors in any other way.
As you ~u~ aware, ttm~l¥ compi~ion of ~us pro$~ct ts ~scnt~l under ~h~ ~ of the Corps of
Engmeer~ 404 Pmmc In ~he Oenerel Provisions of ~he bid docmncn~, page 0-2. ~c ~me
~llot~,d for consuuc~on ,~ addressed. I sug~st ~t you mec~ wi~h ~he comracmr and ensure that
he wdl ~ to the complouon ds~e shown thar~ which ~s Sanuary 16, 1998 This de~lhnc
must ~ prect~,~ over r/ac work~ d~ys su~r~ in ~!~ contr~tor's bid
While we would obvtousl¥ p~ferned edthtton~l bidders. I feel th=t ~1~ r~L$ODabl~ bid pnc~ and
th~ Ughi[sedt~dul~ r~qmml do not jmtify bidding th~ project again
P~l fr~o to cai! if you h~ve any qu~ttons, or ~f you n~d ftmhor m~ormanon
Sm~rely,
TEAGUE NAIL AND ~, INC.
O~ L. Vinery, P E ~J~ No 71§2§
GLV iv
ISAX Ig17~ 336 ~13 MITRO (97a! 2S1 1627
PAX (972) 261~8
TEAGUEiNAL~ AND PERK.S
OPINION OF PROBABLE COST
;)WNER' City of Denton PAGE. 1 of 1
=ROJECT. I.o~er PEC-4 Channel Improvements DATE. 9/24/~7
ITEM i PROJECT #DENg?125
UNIT
NO DI~$CRIPTION OF ITEMS QTY UNIT PRICE COET
1 PrepedngRight-of-W,¥ 1'LS 13.200 O0 13200
2Uncl. Chanr :loa nel Exoavatl n 27300 CY 4 00 109200
3 Embankment 10000FA, 1.2! 12500
4 Concrete Aooe~a Ramp 1 LS 8,000 00 8000
5 Re, hie Brae (Crushed 8tone) 70 SY 7,50 525
6. Pipe Barrier Gate 1L8 800.00 800
7 Erosion Controls 1 LS 1,500 O0 1500
8 Hydromuioh 32000 LS 0.50 16000
g Remove Existing Sanitary Sewer I LS 3,000.00 3000
10 Contraotor's Warmntle~ & Undemtandlng$ I LS 5,500.00 5500
11 Barrieade~, Detoum & Wamlng Signs 1aLS 1,000 O0 1000
PREPARED BY' SU.~¥rJTAL CONST COST' ~1717='~
REVIEWED & APPROVED ' PLUS 15% CONT. $25,684
i TOYAL E~¥iN~'FED COST $198t50~
CONTRACT AGREEMENT
STATE OF TEXAS S
COUNTY OF DENTON S
THIS AGREEMENT, made and entered into this 21 day of
OCTOBER A.D., 19 97 , by and between
T~E 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
2301 ~L~ DR
DENTON, TX 76201
of the City of DENTON , County of DENTON
and State of TEXAS , hereinafter
termed "CONTRACTOR."
WITNESSETH: That for and in consideration of the payments and
agreements hereinafter mentioned, to be made and performed by
OWNER, and under the conditions expressed in the bonds attached
hereto, CONTRACTOR hereby agrees with OWNER to commence and
complete perfor~ance of the work specified below:
BI~ # 2103 - LOWER PEC-4 CHANNEL IMPROVEMEN~
in the amount of ~193f875.00 and all extra work in
connection therewith, under the terms as stated in the General
Conditions of the agreement; and at hie (or their) own proper cost
and expense to furnish all materials, supplies, machinery,
equipment, tools, superintendence, labor, insurance, and other
accessories and services necessary to complete the work specified
above, in accordance with the conditions and prices stated in the
Proposal attached hereto, and in accordance with all the General
Conditions of the Agreement, the Special Conditions, the Notice to
Bidders (Advertisement for Bids), Instructions to Bidders, and the
Performance and Payment Bonds, all attached hereto, and in
accordance with the plans, which includes all maps, plats,
blueprints, and other drawings and printed or written e~lanatory
matter thereof, end the Specifications therefore, as prepared by
CITY ENGINEERING DEPARTMENT
all of which are made a part hereof and collectively evidence and
constitute the entire contract.
Indenendent Status
It is mutually understood and agreed by and between City and
Contractor that Contractor is an independent contractor and shall
not be deemed to be or considered an employee of the City of
Denton, Texas, for the purposes of income tax, withholding, social
security taxes, vacation or sick leave benefits, worker's
compensation, or any other City employee benefit. City shall not
have supervision and control of Contractor or any employee of
Contractor, and it is expressly understood that Contractor shall
perform the services hereunder according to the attached
specifications at the general direction of the City Manager of the
City of Denton, Texas, or his designee under this agreement.
Contractor shall and does hereby agree to indemnify and hold
harmless the City of Denton from any and all damages, loss, or
liability of any kind whatsoever, by reason of injury to property
or third persons occasioned by any error, omission or negligent act
of Contractor, its officers, agents, employees, invitees, and other
persons for whom it is legally liable, with regard to the
performance of this 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 Ve~u~
This agreement shall be governed by the law of the State of
Texas and venue for its construction and enforcement shall lie in
the courts of Denton County, Texas.
The CONTI~ACTOR hereby agrees to commence work on or after the
date established for the start of work as set forth in written
notice to commence work and complete all work w~th~n the tame
stated in the Proposal, subject to such extensions of time as are
provided by the General and Special Conditions.
The OWNER agrees to pay the CONTI~ACTOR in current funds the
price or prices shown in 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 parties of these presents have
executed this agreement in the year and day first above written.
ATTEST
CONTRACTOR
MAILING ADDRESS
NUMBER
AX'NUMSER
PRINTED N~E
APPROVED AS TO FORM: (SEAL)
/City -Attorney ~
AAA0184D
Rev. 04/05/96
CA - 3
WORK DAYS
BID NO
PO NO
BID TABULATION SHEET
I rrEM DRSCRIPTION UNIT ~ PRICE TOTAL
B-1 1 L.S. 23,000 / 00 $
Umt Price m Words'
J B-2 Unclasmfied Channel 27,300 C.Y $ 3 / 50 $ 95,550
Excavation
Umt PAce m Words. Three Dollars and Fifty Cents*
I
B-3 l~mbankment C Y. $ 3 / oo $
Umt Price un Words
B-4 Concrete Access' I L S $ 6,0oo
Umt Pnce m Words: Six Thousand Dollars*
B-5 Flexible Base 70 S Y $ lO / 0o $ 700
Umt Price in Words' Ten Dollars*
i m One Thousand Dollars*
Pnce
Words
I B-7 IEromonControls 1 [ L.S. [$ 5oo/oo [$ 500 0C
Umt Price in Words' iiv~ g,,ndrod Do] l
Unit ~ce m Wor~' 'ifCy Cents*
~ B-9 I,~mov~Exi,~,*'~don,d 1 [LS [$ 3.0oo/o0 $ 3.o0o.oc
Umt Pnco m Wor~ ~ree ~ousand Dollars*
Unde~..di.~
~ U~tP~e m Wo:~. Seventeen ~ousand Six Hundred ~en:y Five Del .ars*
Umt Price m Wor~. Five Hundred Dollars*
~ TOT~ BASE BD [ $193,875.00'*
TOT~ WO~G DAYS 9o Days
BID SUMMARY
TOTAL BID PRICE IN WORDS
BASE BID *one Hundred Ninety Three Thousand Eight Hundred Seventy Five Dollars*
ALTERNATE NO 1 none
ALTERNATE No 2 none
In the event of the award of a contract to the undersigned, the underslgned will furmsh a
performance bond and a payment bond for the full amount of the contract, to secure proper
comphance with the terms and provisions of the contract, to insure and guarantee the work
until final compleuon and acceptance, and to guarantee payment for all lawful clanns for labor
performed and materials furmshed m the fulfillment of the contract
It m understood that the work proposed to be done shall be accepted, when fully completed
and finished m accordance with the plans and specifications, to the sausfacuon of the
Engineer
The undermgned cerUfies that the bid prices contained m flus proposal have been carefully
checked and are subrmtted as correct and final.
Umt and lump-sum prices as shown for each item listed m tlus proposal, shall control over
exterl~lons
DBR Construction Corapan.y Company,Ine
Don Richards / President
2301 Hinkle Dr.
Street Address
Denton,TX 76201
Cl~ and State
Seal & Authonzauon
(If a Corporauon) 940/383-3007
Telephone
bOND PREMIUM BASED ON
FIHAL CONTRAC'T PRICE EJi~,EJ~,MA,~T~E~,I~
THE STATE OF TEXA~ , BOND NO 729559
BOND EXECUTED IN FOUR (4) ORIGINALS
COUNTY OF DENTON ,
Ii. OW ALL MEN BY THESE PRIISENTS That DBR CONSTRUCTION, whose
addr~si m 2301 UINKLE Dl~, DENTON, TX 7~101, herchidter called Pnnmpal, end
Capitol Indeumity _Corporation, a corporation orsan~d and existiuS under thc laws of the
State of~ TEXAS, end fidly authom~d to trens~ busmces m ~e .~tete of Texas, es Surety, arc held
and fk, mly bound unto the City of Denton, a maniclpel corpemuon org~uzed and existing under the
laws ofltbe State of Texes. hereinafter culled Owner, in the ~ sum of
ONE HUNDRED NINETY THREE 'tHOUSAND EIGHT HUNDRED SEVENTY FIVE and
noir00 - ($193,g?~.00) plus 10 peweat of the stated penal sum as an adchUonal sum of moncy
tcpresettting addltzonal court expenses, attorneys' f~es, and liquidated dam~s msmg out of or cun-
~'tsd With the below identified Conlract, hi lawful moncy of the Umted States, to be prod m Dt:ntun
Cotmty~ Texas. for btm payment of whch sum well and truly to be made, we hereby brad oursclvcs,
our heirs, exccutors, administrators, successors, and asmF~s. ~omtly ~ severally, ~/nnly by these
presents This Bond shall automatioally be increased by thc amount of any Chan~e Ordcr or
Supplemental Aigecmcnt whch mm~tses thc Contract pr/~, but m no cvcnt shall a Change Ordcr
or Supplemental Agmemant whch reduces the Contract price decrease the penal sum of this Bond.
THE OBLI(]ATION TO PAY SAME tm ~ona,uoned as follows Wher~es, the Pnu~lpal
en~ into a certain Contract, ~dentified by Ordinance Namber 97-303, xwth thc City of Danton,
thc Owner, da._~d the 21 day of O~tolmr A D 19~7, a copy of whch is hereto attached and made a
pm hereof, for BID # 2103 - LOWER PEC-4 CHANNEL IMPROVEMENT.
NOW. THEREFORF~ if thc Prmclpal shell well, mdy and fmthfully perform and fulfill all
of the uadertahngs, covenants, terms, con&fions and agrecraents ofsaid Contract m accordance vath
the Plato, Specifications and Contract Docunumts during thc original tern1 thereof and amy extc~lon
thereof Which may be granted by thc Owner, vath or w~thout notic~ to the Surety, and dunng the hfc
of any guaranty or wan'anty required under this Con~ract, and shall also well and truly perform and
fulfill ~11 the undettshngs, covenants, terms, conditions and agreements of any and all duly
authonzed modifica~ous of smd Contract that may hereafter be made, notice of wiuch modificauons
to the Stucty being hereby wmved, and, if the Principal shall repan' and/or replace all defects duc to
faulty matenals and workman$lup flint appear within a penod of one (I) year from the date of final
comple~lon and final acceptance of the Work by the Owner;, and. if the Pnnclpal shall fully
mdemn|fy and save harmless the Owner from all costs and damages whwh Owner may suffer by
reason of failure to so perform here~n and shall fully r~imbur~ and repay Owner all outlay and
expense which thc Owner may incur ut wa~!~g good any default or dcficiency, then this obligation
shall belvoid, otherwise, it shall remain m full force and effect
PROVIDED FURTHER, that if any legal action be filed upon flus Bond, exclusive venue
shall lie in Denton County, Statc of Texas.
PERFORIeJ~Ii~E BOND - Pac~e 1
AND PROVIDED FURTHER, that thc smd Surety, for value recetvcd, hereby stipulates nnd
agrees that no dmnge, extension of tune, alteration or nddltmn to the terms of the Contract, or to the
Work to be perEozmed thercunder, or to the Plans, Speciflcemons, Drawings, etc, aceompanyms the
sam. c, shall In anywise affect its obligation on thru Bond. and it does bercby waive not~ce ofeny such
chengc, ~xtension of time, alt~[#aon or addition to thc tcrm~ of the Contract, or to tho Work to bc
pcn%rmed thereunder, or to the Plans, Spemficafions, Drawings, etc
This Bond is stven pursuant to the prov~mons of Clmpter 2253 of the Texas Government
Code, aS nmended, and any other nppilcable statutes of thc State of Texas
The undersigned and dcmgnated agent fs hereby demgnated by the Sumt~ hereto as thc
Resident Agent in DALLAS Cotmt~ tO w~om eny l~m~ltc not~ may be delivered nnd on whom
service ofprocess nmy be had m mntters anmng out of such suretyship, ns provlded hy Amclc 7 lg-1
of the Insurance Code, Vernon's Annoteted C~wl Stemtes of thc State o£Texes
IN WITNESS WHEREOF, this ins~ument is executed in 4 comes, each one of winch slmll
be deemed an original, this the 21 day of OCTOBER~ 1997.
ATTEST: PRINCXPAL
~ SECRET~iRY '" ~ ~ /;cPRESIDENT / Don R'{ehards
ATTEST. SURETY
Kathy R Zacharek
The Resident Agent of the Sul~y m {~ounty, Te~s for dehvery of notice and service of the
process is:
NA~I~:, ¥ R Dami. ano, J~
STREETADDRES$. 17774 Preston Road, Dallas, TX 75252
(NOTE Date of Pcrformaac~ Bond mu~t be date of Conh~act IfRemdent Agent m not a
co~omflon, g~ve a ~e~on's name )
PERFORMANCE BOND - Page 2
BOND PREMIUM BASED ON
FINAL CONTRACT PRICE
TIO~STATEOFTEXA8 , BOND NO 729559
CO~OFD~TON ' BOND EXECUTED ~N FOUR (~) ORIGIN~S
~OW ~L ~ BY ~SE P~S. ~t DBR CONS~U~ION, w~
~ss is 2301 ~E, DE~N, ~ 76201, h~ ~1~ P~cip~,
Ca~it~ ~demnity Corporation ~ a C~O~ org~d ~d em~ ~dcr ~c hM of thc
S~ of~, ~ ~ly ~on~ ~ ~ bmin~ m ~e S~ ofT~, ~ S~, ~ held
~ of ~ Sm~ of T~, h~t~ cdl~ O~, ~d ~to ~ ~, ~ ~d ~mtions
w~ my ~sh m~s for, ~ p~o~ l~r ~o~ ~ b~g or ~pmv~en~ h~r
~fe~d,~, m ~e ~ s~ of ONE ~D NINE~ T~E THOUS~D ~GIIT
~D SE~ ~ and n~ (~1~7S ~) m la~ money of
~ ~ p~d m Denton Co.W, Tc~, ~r ~ ~t of w~ s~ ~il ~d ~y ~ ~ ~dc, wc
h~by b~ o~[~s, o~ he~, cx~u~, ~tms~to~, s~s~, ~d ~signs, jointly ~d
~e~ly, ~y ~ ~ ~, ~s ~ shall a~ly ~ ~c~d by
C~o ~er or $uppl~ A~ ~ mc~ ~e Co~t pn~, but tn no cyst sl~l
a C~ge Or~r or S~plem~ A~mcnt w~ ~u~ ~e Con. ct ~ce d~e
s~ of~,$ Bond
T~ OBLIGA~ON TO PAY S~ is ~ndmon~ ~ follo~ ~=~,
cn~d into a cern Con.t, tden~f~ by O~n~ Nm~r 97-303, ~ ~e C~U of D~n,
· e O~, ~t~ ~ 21 ~y of Ot~r, A D 1~7, a copy of whch ts h~W a~ed ~d m~c
a ~ he.f, for B~ ~ 210~ -- LO~R PEC~ C~EL ~PROVEME~.
NOW, ~O~ if~ ~zp~ ~1 ~11, ~ly ~ fm~ly ~o~ i~ du~es ~d
~e p~mpt pa~cnt to gl ~, fl~, su~c~, ~o~tm~ ~d c~ ~pplytng
h~r ~or mate~ m ~c pms~u~on of ~ Wo~ pmvtd~ for m ~id Con~
ddy authored m~tfi~ao~ of ~d Con.ct ~at ~y h~fler ~ m~c, noa~ of which
m~fi~tio~ ~ ~e S~W ~mg he.by ~p~s~y ~v~ ~en ~s obhgatlon ~1 bc void,
o~ it ~1 ~mmn m ~I fore ~
PROV~ED FUR~ ~t iffy Icgl ~on ~ fild on ~s Bon~ cxclmive vc~ sh~l
he m ~n~n Co~, Tc~.
~ PROV~ED ~R~ ~t ~ ~d S~, for v~ue ~v~ ~wby stt~at~ ~d
~ ~ no ~c, ~t~on of~e, ~t~tion or addthon to ~c t~s of ~e Con~ or to
Wo~ ~o~ed ~d~, orW ~c P~ S~ifi~o~, Dm~gs, ~, ~mp~
sh~! ~ ~zse aff~t its obligalon on ~s ~nd, ~d ~t d~s he.by ~vc nohcc of ~y s~h
c~ge, ~enszon of time, Mtcm~on or addition m ~c te~s of thc Con.t. or to ~c Work to bc
~ ~e~under, or ~ ~e Pl~s, S~ifi~ho~, Drawings, ctc
PAYMENT BOND - Page 1
This Bond m given purmtmt to lhe proves,OhS of Chapter 2253 oflhe Texas Government
Code, as amended, and any oth~ applicable statutes of the State of Texas
The andcrmgned and designated silent Is ltereby designated by the Surety hereto as the
Resident Agent in ~ DALLAS COHllty to whom nny reqtumte noti~em may be delivered end en whom
servi~e ofin~eess may be had tn rmute~ ~slnl{ out of suoh suretyshtp, as provided by Article 7 19-1
of the Insurance Code, Vemon's Annotated Civil Statutas of the State of Texas
IN WrrNESS WHEREOF, th,s msmmm~nt ~s executed m 4 copies, e~ch one of which shsll
be deemed an original, this the 21 day of Oetober, 1997.
ATTEST: PRINCIPAL
.D.BR Construction Company, Inc
B~~y~. ~ By~~ R~ Ri~chichar ds
ATTEST SURETY
~apitol Indemni. ty Corp~.ration
ATT~I~Y-I .~ACT
Kathy R Zacharek
The Resident Agent of the Surety in ]~?ounty, Texas for dehwry of noUce ~d service of the
process m.
NAMF.: ¥~. Damian.o~ Jr.
STREETADDRE$$. 17774 Preston Road, Dallas, Texas ?5252
(NOTE Date of Payment Bond must be date of Contract If Remdcnt Aient is not a
corporation, give a pezso~ name )
PAYMENT BOND - Page 2
IMPORTANT NOTICE
To obtain mformat~on or make a complaint
You may contact the Texas Department of Insurance to obtain ~nformabon 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 dispute ~s not resolved, you
may contact the Texas Department of Insurance
ATTACH THIS NOTICE TO YOUR POLICY
This nobce is for informabon only and does not become a part or condition of the
attached document
INDEMNITY CORPO TION
4610 UNIVERSITYAVENUE SUITE 1400 MADISON WISCONSIN 53705 0900
PLEASE ADDRESS REPLY TO P O BOX 5900 MADISON WI 53705 0900
PHONE (608) 231 4450 FAX (608) 231 2029
POWER OF ATTORNEY No 4 5 5 9 4 2
a!l men by heae. Pre'nfs, That the CAPITOL INDEMNI~ CORPORATION, a cor~rahon
of the State of ~s¢~nsm~ na~ng ~ts principal ~[ces tn ~he Cl~y of Madison, W~sc~nsin, does make, constitute and appoint
~D~I~NO, ~,,~S V, D~I~O, C~AC~ D~I~O, ....................
tS ~ue apd lawful ~!ne~iS),in-f~t, .W m~e~ execote, so, land dehver for ~nd on ~ts ~ehalf, as surety, and as ~ act
and deem any and~e0~, ~deaa~ngs a~ C~tra~ts o~ suretyship, pro~oed that no oond or undeaa~ng or contract
of suretyship exec~t~a~oe~ ~IS auth~lty sh~[ exce~dln amount the sum or
EX.SD ..........................
Th~s Power ~ the authonty of the following
a meeting duly called and
~ }nd~wdually or othe~se be a~ they hereby are granted
· e ~wer of e~utmg and aties~ng bonds a~ un~kl~s an~ ether
writings ol ~ secretaries and attorney(s) in fact e~h appointee to have
the ~wers ute of su~ officers and seal of the Oompany may be affixed
f su~ power of at~orney or ce~lflcate baaing such f~csim~le
t p so executed and ce~lhed by facsimile signatures and
~ se~l shall be to b~nd or undeRak~ng or other wnhng obhgato~ ~n the
nature thereof to which ~ [~ by any o~ said officem, at any time
IN WITNI has caused thee presents ~ be s~gned by
its duly a~ested by ~ts Secretary, th~s Ist day of june~ 1993
~ CAPITOL INDEMNITY CORPORA~ON
COUN~ Of DAN~
On the 1 s{ ~ of JU~, A D, 1993, before me personalty came Goose A Fait, to me known~ who bemgby me duly
sworn, did deposited ~y' that ~ res,d~ m ~he~ Oeun~ of .Da~e, Sta~e ?f ~sconsm, t~at ~ is the .President o~
CAPITOL INDEM~ CQBPOR~TIO~, t~ ~oratlon aescriDeo in ano wmcn eXecuted me a~ve ~ns~ument, that
he knows the seal[~ the ~td co,crafteR, that ~ seal affixed to said instrument ~s such corpor~e ~al~ that it was so
afflxe~ by order or,he ~a~ of D~re~ors of sa~d ~?~rabon and that he s~gneo n~s name thereto by ~lke omar
STATE OF WISC~NS!~
Nola~ Public, Dane Co, WI
i ~ My Commtssion Is Permanent
CERTIFICATE
I, the undersignS, dgl~ elected to the offlce~state~ below, now the ~ncumbent m CAPITOL INDEMNITY
CORPORATION, 8 .W Sc0nS~Corporatien, authon~ed to make this ce~flcate DO HEREBY CERTIFY that the foregoing
~ached Power ~Attor~y ~ema{ns m fqll T0rce a~d h~ no, been revoke, and fu~hermore ~at the Reseluhon of the
~eerd of Directors,~S~t fo~h~t~e P~wer of Attet~y is now m ~rce
S~ned and se,led,the ~1~ 2tST day of~ OCTOBER ~ 1997
Pa , Treasurer
T~s e uppe~ right hand comer appea~ m red Photocopies ~a~n cop~es or
other reprod~ctl0ns th~ power of a~orney may be directed to the Bo~ Manag~ at the Home
Office et 1
[00 d OSO[ £~ 0~6 I qH£ DN{~ ~ AH~VH £~ 9I (~H~)~6,£I- AON
CITY OF DENTON
INSURANCE REQUIREMENTS FOR CONTRACTORS
B.dder'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:
W~thout hm~tang any of the other oblagat~ons or liab~ht~es of the Contractor, the
Contractor shall provade and maintain until the contracted work has been completed
and accepted by the Clty of Denton, Owner, the m~mmum ~nsurance coverage as
indicated hereanafter
As soon as practicable after notiflcat.on of b~d award, Contractor shall file with the
Purchasing Department satisfactory certificates of insurance, conta~mng the b~d
number and title of the project. Contractor may, upon written request to the
Purchasing Department, ask for clar~flcation of any ~nsurance requirements at any
t~me, however, Contractors are strongly adwsed to make such requests prior to b~d
opemng, since the insurance requarements may not be modafled or waived after b~d
opening unless a written exception has been submitted w~th the bad Contractor shall
not commence any work or deliver any material until he or she receives notlflcataon
that the contract has been accepted, approved, and s~gned by the City of Denton
All ~nsurance policies proposed or obtained ~n satasfaction of these requirements shall
comply with the following general specifications, and shall be mamtaaned m
complmnce w~th these general specifications throughout the d u rat~on of the Contract,
or longer, ~f so noted:
a Each policy shall be ~ssued by a coml~any authorized to do busaness ~n the
State of Texas with an A M Best Company rating of at least "A"
a Any deductibles or self-~nsured retentions shall be declared ~n the b~d
proposal. If requested by the Caty, the ~nsurer shall reduce or eliminate
such deductibles or self-insured retentions w~th respect to the City, ~ts
AAA00350
P~'WSED ~o~ ;~g4 CI - 1
Insurance Requirements
Page 2
officials, agents, employees and volunteers, or, the contractor shall procure
a bond guaranteeing payment of losses and related Invest~gat,ons, claim
adm~mstration and defense expenses.
· Liabihty pohc~es shall be endorsed to prowde the following
®· Name as additional Insured the City of Denton, its Offic~als, 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 th~s ~nsurance applies separately to each insured against whom
cla,m ~s made or suit is brought. The inclus,on of more than one
~nsured shall not operate to ~ncrease the insurer's hmit of llab,hW.
· All policies shall be endorsed to provide thirty(30} days pnor wntten not,ce
of cancellation, non-renewal or reduction in coverage.
· Should any of the requ,red insurance be provided under a claims-made
form, Contractor shall maintain such coverage cont,nuously throughout the
term of this contract and, without lapse, for a period of three years beyond
the contract expiration, such that occurrences arising during the contract
term which give rise to claims made after expiration of the contract shall
be covered.
· Should any of the required ~nsurance be provided under a form of coverage
that includes a general annual aggregate limit prowdmg for claims
investigation or legal defense costs to be included m the general annual
aggregate hm~t, the contractor shall either double the occurrence hmlts or
obtain Owners and Contractors Protective Liability Insurance.
· Should any required Insurance lapse dur,ng the contract term, requests for
payments onglnating after such lapse shall not be processed until the City
race,vas satisfactory evidence of reinstated coverage as required by th~s
contract, effective as of the lapse date. If insurance is not reinstated, C~ty
may, at ~ts sole option, terminate th~s agreement effective on the date of
the lapse.
AAA00350
REVISED 10112/94 CI - 2
Insurance Requirements
Page 3
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS:
All ~nsurance policies proposed or obtained in satisfaction of this Contract shall
additionally comply with the following marked specifications, and shall be maintained
m compliance with these additional specifications throughout the duration of the
Contract, or longer, if so noted:
Ix] A. General Liability Insurance:
General Liab,hty ~nsurance with combined single l,m~ts of not less then
;~: nnn_nQ~ shall be provided and ma~ntmned by the contractor The pohcy
shall be written on an occurrence bas~s either ~n a single pohcy or ;n a
combination of underlying and umbrella or excess pohcles.
If the Commercial General Llab,llty form (ISO Form CG 0001 current
edition) is used.
· Coverage A shall include premises, operations, products, and
completed operations, independent contractors, contractual liability
covering this contract and broad form property damage coverage
· Coverage B shall ~nclude personal ~njury
· Coverage C, medical payments, ~s not reciu~red
If the Comprehens,ve General Liability form (ISO Form GL 0002 Current
Edition and ISO Form GL 0404) ~s used, ;t shall ~nclude at least
· Bodily injury and Property Damage L~ab~hty for prem;ses,
operations, products and completed operat;ons, ~ndependent
contractors and property damage resulting from explosion, collapse
or underground (XCU) exposures.
· Broad form contractual hab;hty (preferably by endorsement)
covenng th~s contract, personal injury habll~t¥ and broad form
property damage hab~hty.
AAA00350
REVISED 10/12/~4 Cl - 3
Insurance Requirements
Page 4
Automobile Liability Insurance:
Contractor shall provide Commercial Automob,le L,ab,l,ty insurance w~th
Comb,ned Single L~mits (CSL) of not less than $1~000r000 either ,n a s,ngle
policy or in a combination of basic and umbrella or excess polimes The pohcy
w,II ,nclude bodily Injury and property damage liability arising out of the
operat,on, maintenance and use of all automobiles and mob,le equipment used
in conjunction w,th this contract.
Sat,sfactlon of the above requirement shall be m the form of a pohcy
endorsement for'
· any auto, or
· all owned, h,red and non-owned autos.
Workers Compensation Insurance
Contractor shall purchase and mainta,n Worker's Compensation ,nsurance
which, in add,tion to meeting the mimmum statutory requ,rements for issuance
of Such ,nsurance, has Employer's L,ab,hty hm,ts of at least $100,000 for each
accident, $100,000 per each employee, and a $500,000 pohcy limit for
occupational disease. The City need not be named as an "Addlt,onal Insured"
but the ~nsurer shall agree to waive all r,ghts of subrogat,on against the C,ty,
its offlc,als, 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 Comm,sslon (TWCC).
[ ] Owner's and Contractor's Protective Liabdity Insurance
The Contractor shall obta,n, pay for and ma,ntain at all times during the
prosecution of the work under this contract, an Owner's and Contractor's
Protective Liabihty ,nsurance policy naming the City as insured for property
damage and bodily injury which may ar,se ,n the prosecution of the work or
contractor's operations under this contract. Coverage shall be on an
AAAO0360
REVISED 10/12J94 CI - 4
Insurance Requirements
Page 5
"occurrence" basis, and the policy shall be ~ssued by the same ~nsurance
company that carries the contractor's hab~hW ~nsurance. Policy limits w~il be
at least combined bodily injury and property damage per
occurrence with a .. aggregate
Fire Damage Legal Liability Insurance
Coverage is required if Broad form General L,ablhty ~s not prowded or ~s
unavailable to the contractor or if a contractor leases or rents a portion of a
C~ty building. Limits of not less than each occurrence are required
[ ] Professional L,abllity Insurance
Professional liability insurance with limits not less than per claim
with respect to negligent acts, errors or omissions ~n connection w~th
professional services is required under this Agreement
[ ] Builders' Risk Insurance
Builders' R~sk Insurance, on an AII-R~sk form for 100% of the completed value
shall be provided. Such policy shall include as "Named Insured" the C;ty of
Denton and all subcontractors as their interests may appear
[ ] Additional Insurance
Other insurance may be required on an individual bas~s for extra hazardous
contracts and specific service agreements If such additional insurance ~s
required for a specific contract, that requirement will be descnbed m the
"Specific Conditions" of the contract specifications
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~'WSED ~0/~2~4 Cl - 5
Insurance Requirements
Page 6
ATTACHMENT I
[x] Worker's Compensation Coverage for Building or Construction Projects for
Governmental Entitles
A. Definitions:
Certificate of coverage ("certlficate"}-A copy of a certificate 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 prowding serwces on a project, for the
duration of the project.
Duration of the project - ~ncludes the time from the beg,nmng 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 prowding serwces on the project ("subcontractor" in §406.096) -
includes all persons or entlt~es performing all or part of the services the
contractor has undertaken to perform on the project, regardless of whether
that person contracted directly w~th the contractor and regardless of
whether that person has employees. This ~ncludes, without hmitation,
independent contractors, subcontractors, leasing companies, motor
carners, 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 serv;ce
related to a project. "Services" does not ~nclude activities unrelated to the
project, such as food/beverage vendors, office supply dehvenes, and
delivery of portable toilets.
B The contractor shall prowde coverage, based on proper reporting of
classification codes and payroll amounts and filing of any overage
agreements, which meets the statutory requ;rements 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
AAA00360
REVISED 10112/94 CI - 6
Insurance Requirements
Page 7
C The Contractor must prov,de a certificate of coverage to the governmental
entity prior to being awarded the contract
D If the coverage per~od ehown on the contractor's current certificate of
coverage ends dur,ng the duration of the project, the contractor must. pr,or
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 obta,n from each person prov,d,ng services on a
project, and provide to the governmental entity.
(1) a certificate of coverage, pr,or to that person beg~nmng work on the
project, so the governmental entity w~ll have on file certificates of
coverage showing coverage for all persons prov,d,ng services on the
project; and
(2) no later than seven days after receipt by the contractor, a new
certificate of coverage show,ng extension of coverage, if the coverage
period shown on the current certificate of coverage ends during the
durat,on of the project.
F The contractor shall retain all required cert,flcates of coverage for the
duration of the project and for one year thereafter
G The contractor shall notify the governmental entity m writ,ng by certified
mail or personal del,very, w,thin 10 days after the contractor knew or
should have known, of any change that mater,ally affects the prov,s,on of
coverage of any person providing serwces on the project
H The contractor shall post on each project s~te a not~ce. ~n the text. form and
manner prescr,bed by the Texas Workers' Compensation Comm~ss,on.
Informing all persons provid,ng serv,ces on the project that they are
required to be covered, and stating how a person may ver,fy coverage and
report lack of coverage.
AAA00350
,~-v~sEo ~o~2~ Gl -
7
Insurance Requsrements
Page 8
The contractor shall contractually requsre each person wath whom at
contracts to provide services on a project, to:
(1) provade coverage, based on proper reporting of classaficatlon codes
and payroll amounts end filing of any coverage agreements, whach
meets the statutory requirements of Texas Labor Code, Sectaon
401.011 (44) for ell of Its employees providing servaces on the project,
for the duration of the project;
(2) provide to the contractor, praor to that person beganmng work on the
project, a certificate of coverage showing that coverage ~s beang
provided for all employees of the person provad~ng 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
peraod shown on the current certaficate of coverage ends durang the
duration of the project,
(4) obtain from each other person w~th whom at contracts, and prowde to
the contractor.
(al a certificate of coverage, prior to the other person beg~nmng
work on the project; and
(b) a new certificate of coverage showing extension of coverage,
prior to the end of the coverage period, if the coverage per~od
shown on the current certificate of coverage ends durang the
duration of the project;
(5) retain all required certificates of coverage on file for the durataon of
the project and for one year thereafter;
(6) notafy the governmental entity ~n wratang by certafled meal or personal
delivery, within 10 days after the person knew or should have known,
of any change that materially affects the prowsaon of coverage of any
person provading servaces on the project; and
AAA00350
I~'VIS'~'D 10/12/04 Cl - 8
Insurance Requirements
Page 9
(7) contractually require each person w~th whom ~t contracts, to perform
as required by paragraphs (1) - (7}, with the certificates of coverage
to be prov.ded to the person for whom they are prowding services
J By slgn,ng this contract or providing or causing to be provided a certificate
of coverage, the contractor is represent.ng to the governmental entity that
all employees of the contractor who will provide serv.ces on the project w~ll
be covered by workers' compensation coverage for the duration of the
project, that the coverage will be based on proper reporting of classification
codes and payroll amounts, and that all coverage agreements will be filed
with the appropriate insurance carrier or, in the case of a self-~nsured, with
the commission's Division of Self-Insurance Regulation Providing false or
misleading Information may subject the contractor to adm~mstratlve
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 ent~tles the governmental entity to
declare the contract void ~f the contractor does not remedy the breach
within ten days after receipt of notice of breach from the governmental
entity.
A.A,~0350
~'V~S~D ~0,2~4 CI - 9