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1994-101ORDINANCE NO. AN 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 City has solicited, received and tabulated competitive bids for the construction of public works or improvements in accordance with the procedures of state law and City ordinances; and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or improvements described in the bid invitation, bid proposals and plans ',and specifications therein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the following competitive bids for the construction of public works or improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids: BID NUMBER CONTRACTOR AMOUNT 1639 DBR CONSTRUCTION COMPANY $58,755.00 SECTION II. That the acceptance and approval of the above competitive bids shall not constitute a contract between the City and thIe person submitting the bid for construction of such public works jor improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, and insurance certificate after notification of the award of the bid. SECTION III. That the City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein. II SECTION IV. That upon acceptance and approval of the above competitive bids and the execution of contracts for the public works and improvements as authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto. SECTION V. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the ~ay of ,1994. ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APP144VED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY c,<. DATE: JUNE 7, 1994 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID # 1639 - DENTON CITY/COUNTY DAY NURSERY RENOVATIONS RECOMMENDATION: We recommend the bid be award to DBR Construction in the amount of $58,755.00. SUMMARY: This bid is for the interior renovation of the Denton City/ County Day Nursery Center. Included are modifications to meet ADA requirements, new floor covering, painting and vinyl wall covering. Due to budget limitations the altnerates bid will not be accepted but maybe done at a later date should additional funds become available. BACKGROUND: Tabulation Sheet. DEPARTMENTS1 Denton City/County Day FISCALIMPACT: Funds for this project will come from a combination of sources: $40,966 from Day Care Center Renovation Funds $ 5,000 from Denton Affordable Housing Corp. surplus funds $12,789 from Day Care Center Reserve funds (Certificate of Deposit) $58,755 Total Amount spect lly mitt Lloyd V . Harrell City Manager Approved: Name: Tom D. Shaw,C.P.M. Title: Purchasing Agent 498.AGENDA'. rn 01 A W N 0 W m v W o z zz D m ~ m m z z - z I m a rr, 00m ~r- Om 0~ zm zr- Qm 0 c -ri 0 -4 c0> 0 ~x 0-i x Ez 0 xz zz Nm -~z D r .~z mzA z 2mD ~D ND c nD r, W Mm imp 00 mm >0 m 0 m m mz m a mM C) mcn m. r• 0• W p z o ~-CC 5001 (A?. W zN Z~ z Nz N F; a w w w (D m z 0C) 0 0 0 z 03 m N 00 00 00 of - j 0 0 00 00 00 00 00 t7 0 m m z 0 0 m m z 'C 7 0 m E:\WP S\E\BUSINESS.DST AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND THE DENTON CENTRAL BUSINESS DISTRICT ASSOCIATION, INC. This Agreement is hereby entered into by and between the City of Denton, Texas, a home rule municipal corporation, (hereinafter referred to as City) and the Denton Central Business District Association, Inc., a Texas non profit corporation d/b/a Denton Main Street Association, (hereinafter referred to as Agency); WHEREAS, private businesses of the City of Denton have donated over Fourteen Thousand Dollars ($14,000.00) to the City to be used for the coordination of the Main Street Program of the City, and the City Manager has determined that the Agency can pro- vide needed services to citizens of the City, and the City Council has provided for funds in its budget for the purpose of paying for contractual services; NOW, THEREFORE, the parties hereto mutually agree as follows: I. SCOPE OF SERVICES The Agency shall, in a satisfactory and proper manner, perform the coordination of the following tasks: A. Help to plan, sponsor and host "Dog Days of Summer" Cele- bration on the Courthouse Square during August, 1994. B. Help to plan, coordinate, sponsor and host "County Seat Saturday" festival celebration on the grounds of the Courthouse Square during September, 1994. C. Help to plan, coordinate and host "Holiday Lighting" Celebration on the Courthouse Square during December, 1994. II. OBLIGATIONS OF AGENCY In consideration of the receipt of Thirteen Thousand Six Hundred Twelve Dollars and Fifty-one Cents ($13,612.51) from the City, Agency agrees to the following terms and conditions: A. To use the funds to carry out the scope of services and establish, operate, and maintain an account system for this program that will allow for a tracing of funds and a review of the finan- cial status of the program and will permit authorized officials, including the Executive Director of Finance, for the City of Denton to review its books at any time. B. To comply with all state statutes and local regulations promulgated thereunder applicable to the Agency. C. To reduce to writing all of its rules, regulations, and policies and file a copy with the City's Executive Director of Finance or his authorized representative along with any amendments, additions, or revisions whenever adopted. D. To appoint a representative who will be available to meet with the Executive Director of Finance and other City officials when requested. E. To indemnify and hold harmless the City from any and all claims and suits arising out of the activities of the Agency, its employees, agents, volunteers, and contractors in the performance of the scope of services the subject of this Agreement, and save and hold the City harmless from all liability, including costs, expenses and attorneys fees, for or on account of any claims, audit exceptions, suits, or damages of any character whatsoever resulting in whole or in part from the performance or omission of any act of any employee, agent, volunteer, or representative of the Agency in the performance of the scope of services the subject of this Agreement. III. REPRESENTATIONS A. Agency assures and guarantees that is possesses the legal authority, pursuant to any proper, appropriate and official motion, resolution or action passed or taken, to enter into this agreement. B. The person or persons signing and executing this Agreement on behalf of Agency, do hereby warrant and guarantee that he has been fully authorized by Agency to execute this Agreement on behalf of Agency and to validly and legally bind Agency to all terms here- in set forth. C. No litigation or legal proceedings are presently pending or threatened against Agency. Each of these representations and, warranties shall be continuing and shall be deemed to have been repeated by the submission of each request for payment. IV. TIME OF PERFORMANCE AND METHOD OF PAYMENT A. The services funded by the City shall be undertaken by the Agency starting on August 1, 1994 and continuing through December 15, 1994. B. Payment by the City for services properly provided here- under will be made in three payments of $4,537.50 each, within thirty (30) days of receipt of invoices' detailing services performed for each of the three events referenced above. Agency shall request said payment by letter addressed to: City of Denton, 215 East McKinney, Denton, Texas 76201, Attn: Main Street Manager. PAGE 2 C. It is expressly understood and agreed that in no event under the terms of this Agreement will the total compensation to be paid hereunder exceed the maximum sum of Thirteen Thousand Six Hundred Twelve Dollars and Fifty-one Cents ($13,612.51) for all of the services rendered. D. The City shall not be obligated or liable under this con- tract to any party other than the Agency for payment of any monies or provision of any goods or services. V. EVALUATION Agency shall submit quarterly financial statements to City in January, April, July, and September. Each statement shall include expenses and income for the preceding quarter. VI. DIRECTORS' MEETINGS During the term of this Agreement, the Agency shall cause to be delivered to the City copies of all notices of meetings of its Board of Directors, setting forth the time and place thereof. Such notice shall be delivered to the City in a timely manner to give adequate notice, and shall include an agenda and a brief descrip- tion of the matters to be discussed. Agency understands and agrees that City representatives shall be afforded access to all meetings of the Board of Directors other than Executive Sessions. Minutes of all meetings of the Agency's governing body shall be submitted to the City within ten (10) working days of approval. VII. SUSPENSION OR TERMINATION The City may suspend or terminate this Agreement and payments to the Agency, in whole or part, for cause. Cause shall include but not be limited to the following: A. Agency's improper, misuse, or inept use of funds; B. Agency's failure to comply with the terms and conditions of this Agreement; C. Agency's submission of data or reports that are incorrect or incomplete in any material respect; D. Appointment of a trustee, receiver or liquidator for all or a substantial part of the Agency's property, or institution of bankruptcy, reorganization, rearrangement of or liquidation pro- ceedings by or against the Agency; or E. If for any reason the performance of any term of this Agreement is rendered impossible or infeasible. PAGE 3 In the event the City determines there to be good cause for suspension or termination of this agreement, the City shall give the Agency advance written notice of the specific allegations of good cause together with specific conditions precedent to the resumption of funding and thereafter provide the agency with a reasonable opportunity (not to exceed 30 calendar days) to cure any defect or insufficiency in performance of the scope of services specified in this Agreement. (The following provisions in sections VIII and IX shall apply if Agency compensates its personnel.) VIII. CONFLICT OF INTEREST AND NEPOTISM A. The Agency covenants that neither it nor any member of its governing body presently has any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement. The Agency further covenants that in the performance of this Agreement, no person having such interest shall be employed or appointed as a member of its governing body. B. The Agency further covenants that no member of its govern- ing body or its staff, subcontractors or employees shall possess any interest in or use his position for a purpose that is or gives the appearance of being motivated by desire for private gain for himself, or others, particularly those with which he has family, business, or other ties. C. Agency shall not employ in any paid capacity any person who is a member of the immediate family of any person who is currently employed by Agency, or is a member of Agency's governing board. The term "member of immediate family" includes: wife, husband, son, daughter, mother, father, brother, sister, in-laws, aunt, uncle, nephew, niece, step-parent, step-child, half-brother and half-sister. IX. A. Any notice required to be given under this Agreement shall be effective if and when given in writing and deposited in the United States mail, return receipt requested, on the date so deposited and addressed to the respective parties as follows: If to city: If to Agency: City Manager President City of Denton Denton Central Business Dist. Assoc. 215 East McKinney 100 W. Oak, Suite 104 Denton, Texas 76201 Denton, Texas 76201 PAGE 4 B. Agency shall comply with all applicable laws of the United States, statutes of the State of Texas and ordinances of the City of Denton. C. It is expressly understood and agreed by both parties that City is contracting with Agency as an Independent Contractor. IN WITNESS WHEREOF, the parties do hereby affix ~th~ir sig- nat /nessA and enter into this Agreement as of the day of 1994. CITY OF D T/ONN,gTEE S BY: 1 LLOYD V. HARRELL, CITY A R ATTEST: BY: WALTERS, CITY SECRETARY APP OV D AS TO LEGAL FORM: MICHAEL A./BUCEK, ACTING CITY ATTORNEY BY: ///~/l DENTON CENTRAL BUSINESS DISTRICT ASSOCIATION, INC. BY: 7/ ~~X C/ ~iA/n +O✓ BILL THOMAS, PRESIDENT ATTEST: DCBDA CORPORATION SECRETARY BY: APPROVED S TO EGAL FORM: DAVID W. IL S CORPO TI ATTORNEY BY: PAGE 5 CITY of DENTON, TEXAS MUNICIPAL BUILDING / 215 E. McKINNEY / DENTON, TEXAS 76201 DATE: December 9, 1994 TO: Lloyd V. Harrell, City Manager FROM: Jane Jenkins, Main Street Manager SUBJECT: TRANSFER OF MAIN STREET FUNDS The funds the Main Street Program is requesting be transferred were donations by the private sector to the Main Street Program for general operation. We used these funds to pay the salary of the support staff. Funding and administrative limitations allowed us to hire only part-time staff on an hourly basis. We are requesting these private funds be transferred to the Main Street Association Non-profit so they can be used to pay the salary of the Assistant Main Street Manager, now a full-time salary position employed by the Non-profit. J--, 1"a44~ obbe Je s wp AAA02DOS 8171566-8200 D/FW METRO 434-2529 CONTRACT AGREEMENT STATE OF TEXAS COUNTY OF DENTON § THIS AGREEMENT, made and entered into this JUNE A.D., 1994 , by and between THE CITY OF DENTON day of of the County of DENTON and State of Texas, acting through LLOYD V. HARRELL thereunto duly authorized so to do, hereinafter termed "OWNER," and DER CONSTRUCTION CO. 521 N. LOCUST STREET DENTON, TEXAS 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 bearing even date herewith, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified below: BID # 1639 - DENTON CITY COUNTY DAY NURSERY RENOVATIONS WITH CONTRACT AMMENDMENT AS PER ATTACHED TOTAL AMOUNT $45,905.00 and all extra work in connection therewith, under the terms as stated in the General Conditions of the agreement; and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the work specified above, in accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), instructions to Bidders, and the Performance and Payment Bonds, all attached hereto, and in accordance with the plans, which includes CA - 1 all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by PROVIDENCE ASSOCIATES INC ARCHITECTURE 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 sick leave benefits, workers 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. Indemnification 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 Venue This agreement shall be governed by the law of the State of Texas and venue for its construction and enforcement shall lie in the courts of Denton County, Texas. The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in written notice to commence work and complete all work within the time stated in the Proposal, subject to such extensions of time as are provided by the General and Special Conditions. The OWNER agrees to pay the CONTRACTOR 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. (SEAL) ATTEST: DBR ION CONTRAC By (SEAL) AAA0184D CA - 3 i A Proposal Proposal Form Proposal For The Construction of Interior Renovations for the Denton City- County Day Nursery for the City Of Denton, Texas Purchasing Agent City of Denton 901-B Texas Street Denton, Texas 76201 The undersigned hereby proposes to furnish all supervision, labor, material, equipment, tools, and necessary accessories for the construction of Interior Renovations for the Denton City-County Day Nursery, as set-forth for the project in the Project Manual and any Addenda as prepared by PROVIDENCE Associates Inc, dated May 12, 1994, Architect's. Project Number 94005. The undersigned hereby proposes to furnish he above for a lump sum Base Bid amount o£ Total Base Bid ~vc /J O cents. $ s~ mss and for the four alternates listed below, and as described in the Project Manual. Add Alternate No. 1: New acoustical ceiling tiles and insulation in existing suspended grids. Add the total sum of: / /fJ/c c /fJ0/i rGr~ d < < c d dollars &___69 cents. 00 Add Alternate No. 2: New insulation above existing ceiling insulation. Add the total suum of: / - Q', c(:?" dollars & cents. $ Proposal Form page P-1 of 5 Add Alternate No. 3: Exterior demolition and new construction of concrete walkways.. Add the total sum of: . , ze e- / f~dUSOh o' dollars &_2e cents. 'Odgey, oQ Add Alternate No. 4: New exterior storm windows. Add the total sum of- & O cents. $4,2,5-0. 00 Add Alternate No. 5: New light fixtures and supply air diffusers and relocation of existing . light fixtures. Add the total sum of- 421/ r ///d/i f o~ &'~'e~c+' dollars & />O cents. NOTE: Amounts shall be shown in both words and figures. In case of discrepancies, the amount in words shall govern. Subcontractors All subcontractors shall be shown on the Certification forms, as required on pages CA to C.11, and attached to this Proposal. Extra Work Should any change in the work or extra work be ordered, the following applicable percentage shall be added to the material and labor costs to cover overhead and profit. It is understood that the terms "overhead" and "profit" are defined in the General Conditions. Allowance to Contractor for overhead and profit for extra work performed by the Contractor and supervised by the undersigned /S Allowance to Contractor for overhead and profit for extra work performed by a Subcontractor and supervised by the undersigned Proposal Form page P-2 of 5 Addenda The undersigned hereby acknowledges receipt of the following addenda to the Drawings and Specifications, all of the provisions and requirements of which addenda have been taken into consideration in the preparation of this Proposal. Addenda Number 1 dated 1994 Addenda Number 2 dated 1994 Addenda Number 3 dated 1994 Addenda Number 4 dated 1994 Addenda Number 5 dated :1994 Bid Security Bid security must accompany each proposal. Bid security shall be made to the City of Denton, Texas in the amount not less than five percent (5%) of the proposal sum. Security shall be either a certified check or bid bond by surety licensed in Texas. The successful bidder's security will be retained until he has signed the contract and payment and performance bonds have been executed. The Owner reserves the right to retain the security of the next two lowest bidders until the low bidder enters into contract or until sixty (60) days after bid opening, whichever comes first. All other bid securities will be returned as soon as practicable. If any bidder refuses to enter into a contract, the Owner will retain his bid security as liquidated damages, but not as a penalty. Sales Tax Exemption The contractor shall pay all consumer, use, and other similar taxes required by law. Materials which are incorporated into or become part of the project are exempt from sales tax. A "separated contract" will be issued by the Owner which separates charges for material from charges for labor. The successful low bidder must provide separate bid amounts for the labor and materials associated with the project and must acquire a sales tax permit issued by the State Comptroller. The Contractor must execute a resale certificate instead of paying sales tax at the time of purchase. The Owner will issue an exemption certificate for the materials which are incorporated in to the finished project. Performance Bond and Payment of Labor and Material Bond The undersigned agrees within ten (10) calendar days after the Contract is executed, to deliver to the Owner a Performance Bond and later a Labor and Material Bond as required in the Specifications. Contract - The undersigned agrees that upon notice of acceptance of the Bid, he will execute the attached example of the Contract within ten (10) calendar days from notice of acceptance Insurance The undersigned agrees within ten (10) calendar days after the Contract is executed, to deliver to the Owner the certificates of insurance and original insurance policies required in the Specifications. Proposal Form page P-3 of 5 Time Of Completion The undersigned agrees to commence work under this Contract within fifteen (15) calendar days after the issuance of the "Notice to Proceed" from the Owner and to complete such work by the end of the day, August 8, 1994. Liquidated Damages The undersigned agrees to fully complete the project within the time stated in the Time Of Completion paragraph above. The undersigned further agrees to pay as liquidated damages, the sum of $150.00 for each consecutive calendar day thereafter, as hereinafter provided in the General Conditions. Unit Prices It is further agreed that in order to assure the City the bid meets the funds available, the Contractor shall provide the following unit prices. The quantities of the work to be done and materials to be furnished may be increased or decreased at the discretion of the Owner and that all quantities of work, whether increased or decreased, shall be performed at the unit prices set forth below. All labor, materials and equipment required to construct this portion of the project shall be included in unit prices. number Number 1 Number 2 Number 3 material Carpet Tile Custom Painted Border Vinyl Wall Covering unit priceo~ $ 2r7. - $3oa $ .Z.S' unit of measurement per square yard per linear foot per surface square foot Proposal Form page P-4 of 5 Respectfully submitted, Corporations only fill in the following: Bidders other than Corporations fill in the following: Legal Name of Corporation: Legal Name of Bidding Firm: State of Incorporation: Street Address Street Address City, State, Zip Code City, State, Zip Code Seal of Corporation: Witness Signature Name of Witness (type-written) ze~' z,- 7 Street Address Name of Officer (type-written) Signature of Officer City, State, Zip Code End Of Section Proposal Form page P-5 of 5 Date -From : DENTCN PARKS 8 RECREATION DEPT PHONE No. : 817 566 8384 Jun. 03 1994 1:30PM P01 CONSTRUCi'ION COMPANY' P,O. Box see Denton, Tex" 76709 (817) aea•S0o7 June 3, 1994 City of Denton Bob Tiokner Superintendent of Parks 321 E. McKinney Denton, Texas 76201 FAX 617- 566-a364 RE, DMON CTTY - COUNTY DAY NURSERY Dear Bob, As per vur conversation asp June 3, 1994, we have offered the fallowing deductions form our base bid of i 58,755,00,( Fifty Eight Thousand Seven Hundred Fifty Five Dellare): 1) Eliminate specialty paint, i.e, border and walls -1.300.00 2) Eliminate carpet square and provide 26 oz glue down carpet - 2,600,00 3) eliminate epoxy flooring, and provide VCT flooring - 4,000.00 4) Eliminate new ceramic tile walls and provide FRP board laminated to existing ceramic tile - 2.000,00 5) eliminated widening of locker room doorways - 700.00 Total Deducts - 11,f100,00. The new base bid including deducts is $ 47.155.00, ( Forty Bevan Thousand One Hundred Fifty Five Dollars). we also discussed the possibility of eliminating the two metal doors with panic hardware, and the full view front doors and hardware. This would allow a further price deduction from base bid of $ 1,250.00. Thanking you for your kindness and consideration in this matter, Yours Truly) t vn ich de DBR Construction Company Ie'd JUN 3 '94 12:33 0L9LB99Lle~01 AHVdN00 N0110M9N00 N90 9e:EI 68-Ee-s 817 566 8384 PAGE. 001 ISSUE DATE (MMNDMT PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND i CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE Ramey-King Insurance, LC POLICIES BELOW. 101 S. Locust Suite 707 COMPANIES AFFORDING COVERAGE Denton TX 76201- : ER ANY A Trinity COMPANY B Texas Specialty LETTER INSURED . D B R Construction Co Inc L ER C Texas Work Comp Ina Fund Don Richards P 0 Box 828 COMPANY D Denton TX 76202 € LETTER COMPANY E LETTER n..o..:oro.uovR: vo: f..>;w.m<,a o. ~ 6.. - :o d3 Yn ~m ':'<x~RCRR::,.,n....,. •••••0•.>•noi'i on.>N ~:~R~p,Sig.SuR)gR~OJ~v)J`!C:~A<Cn0:2n4n:n~Yn:`r'.n~..ioi~:i'..nv':'^ ..4 nl4n\.U0. Ai`FAO`!~<>.`~R..C <v THIS IS TO CERTIFY THAT THE POUCIES OF INSURANCE USTFD BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. UMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ID : : TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE ;POLICY EXPIRATION i Lam T . R DATE (MMADD" DATE (MMNDAY) GENERA. LL18L1TY CLSOM24 05/06/94 (IS/06/9S GENERAL AGGREGATE ;s 1000DD0 X i COMMERCIAL GENERAL LIABILITY PRODUCTS-COMPAP AO... is CLAIMS MADE X OCCUR ; ; : : PERSONAL 6 ADV. INJURY ;S OWNER'S f CONRNCTOIYS PROT. EACH OCCURRD'ICE if 1000000 ; i : FIRE DAMAGE (Arty ans are) is 50000 z i _ i-....__.............. i MED. EXPENSE (Any ar peron);S 5000 i........................................ A AUTOMOBILE LIABILITY TCAS413799 04117/94 04(17/95 COMBINED SINGLE ' 1000000 i I X ANY AUTO s [ LIMIT . ALL OWNED AUTOS . . BO Dlr INJURY , .J(; SCHEDULED AUTOS (Per Person) 1( HIRED AUTOS s BODILY INJURY ...X... NON-OWNED Al/ros i........: (Per secMen4 i GARAGE LIABLRY ~ . ~ ........i ~ PROPERTY DAMAGE is EEXCESS LIABILITY i EACH OCCURRENCE :s : . . UMBPBlA FORM :AGGREGATE if OTHER THAN UMBRELLA FORM € . : WORMVS COMPENSATION STATUTORY LIMITS . SBPIDCT410.940207 C 02107/94 02/07/95 € EACH ACCIDENT s AND DISEASE - POLICY LIMIT iS 500000 EMPLOYERS' LIABLTTY i DISEASE - EACH EMPLOYEE :S SIXIM . OTHER C . DESCRIPTION OF OPERATI NSLOCATIONSNBaCLESWECIAL ITEMS CITY OF DENTON ITS OFFICIALS. AGENTS, EMPLOYEES 8 VOLUNTEERS ARE ADDITIONAL INSURED FOR R!'NOVATON OF TTY COUNTY DAY NURSERY SID 1639 2 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE ?'t EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO CITY OF DENTON MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE <z LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBUGATION OR ,4HE COMPANY, ITS AGENTS OR REPRESENTATIVES. DENTON TX 70201 LIABILITY OF ANY KIND UPON n BOND PREMIUM BASED ON PERFORMANCE BOND FINAL CONTRACT PRICE STATE OF TEXAS S BOND NO. TPI03787068 COUNTY OF bENTon S KNOW ALL HER BY THESE PRESENTS: That DBR ODNSTRUCTION co. , of the City of DENTOA county of nxw mw , and State of smaa as PRINCIPAL, and TIG Premier Insurance Company , as SURETY, authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto the 'THE CITY OF DEATON as OWNER, in the penal Sum of m= Fag TomgAfm urww mmun Awn FM antl~}J1oo- - Dollars ss nnF_nn_ ) for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the OWNER, dated the 7 day of imm , 19 94, for the construction of Bm 16sv - nmrmu erg. mnw~ My which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, the condition of this obligation is such, that if the said principal shall faithfully perform said Contract and shall in all respects, conditions and agreements in and by said contract agreed and covenanted by the Principal to be observed and performed, and according to the true intent and meaning of said Contract and the Plans and Specifications hereto annexed, then this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended by acts of the 72nd Legislature, Regular Session, 1991, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. PR - 1 PROVIDED FURTHER, that if any legal action be filled upon this bond, venue shall lie in Denton County, State of Texas. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the dame, shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 13th day of June 19 94 Address: 521 N. Locust P.O. Box 828 Denton, TX 76202 (SEAL) Address: 70 W. Michigan Ave. P.O. Box 1998 Battle Creek, MI 49016 (SEAL) The name and address of the Residant Agent of surety is: V.R. Damiano, Jr. 17774 Preston Road, Dallas, TX 75252 NOTES Date of Bond must not be prior to date of Contract. AAA01040 PB-2 BOND PREMIUM BASED ON FINAL CONTRACT PRICE STATE OF TEXAS PAYMENT BOND S BOND NO. TPI03787068 COUNTY OF DENTON S KNOW ALL MEN BY THESE PRESENTS: That DAR CONSTR=TON co- of the City of DEMMx County of DEMMIt , and the State of mmu as principal, and TIG Premier Insurance Company authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto THE CITY OF DRNTON OWNER, in the penal sum of FORTY FIVE THOUSAND NINE HUNDRED AND FIV$ and no/ Do Lars 45.905.00 ) for the payment whereof, the said Principal and Surety bind themselves and their heirs, administrators, executors, and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the owner, dated the 7 day of an 19 94 . BID-+ 1639 - DENTON CITY COUNTY DAY N= = MMVATIONS WITH CDNTRaor A1Q9aMX SNT AS PER AMCHED TOTAL AMOUNT ¢45,905.00 to which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then this obligation shall be void, otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions Of Article 5160 of the Revised Civil Statutes of Texas as amended by the acts of the 72nd Legislature, Regular Session, 1991, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. PB - 3 Surety, fox value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract,' br to the work to be performed thereunder. IN WITNESS WHEREOP, the said Principal and Surety have signed and sealed this instrument this 13th day of June 19 94 . TIG Premier Insurance Address: 521 N. Locust P.O. Box 828 Ti Address., 70 W. Michigan Ave. P.O. Box 1998 Denton, TX 76202 Battle Creek, MI 49016 (SEAL) (SEAL) The name and address of the Resident Agent of Surety is: V.R. Damian Jr. 17774 Preston Road, Dallas, TX 75252 AAA0184D P9-4 MAINTENANCE BOND THE STATE OF TEXAS BOND NO. TP103787068 COUNTY OF DENTON KNOW ALL MEN $Y THESE PRESENTS, That DnR COMSTRUCTION Co as Principal, and TIG Premier Insurance Company a corporation authorized to do business in the State Of Texas, as Surety, do hereby acknowledge themselves to be held and bound to pay unto the City of Denton, a Municipal Corporation of the State of Texas, its successors and assigns, at Denton, Denton County, Texas, the sum of POUR THOUSAND FIVF. HUNDRRD MINTY and 50/100--------- Dollars a,svo_s0 ten (10%~ percent of the total amount of the contract for the payment of which sum said principal and surety do hereby bind themselves, their successors and assigns, jointly and severally. This obligation is conditioned, however, that: WHEREAS, said DBR CON$RROCTIOM INC. has this day entered into a written contract with the said City of Denton to build and construct BID # 1639 - DMMN CITY COMM DAY RMERY RENOVATIONS which contract and the plans and specifications therein mentioned, adopted by the City of Denton, are filed with the City Secretary of said City and are hereby expressly incorporated herein by reference and made a part hereof as though the same were written and set out in full herein, and; WHEREAS, under the said plans, specifications, and contract, it is provided that the Contractor will maintain and keep in good repair the work therein contracted to be done and performed for a period of one (1) year from the date of acceptance thereof and do all necessary backfilling that may become necessary in connection therewith and do all necessary work toward the repair of any defective condition growing out of or arising from the improper construction of the improvements contemplated by said contractor on constructing the same or an account of improper excavation or backfilling, it being understood that the purpose of this section is to cover all defective conditions arising by reason of defective materials, work, or labor performed by said Contractor, and in case the said Contractor shall fail to repair, reconstruct or maintain said improvements it is agreed that the City may do said work in NB - 1 accordance with said contract and supply such materials and charge the same against the said contractor and its surety on this obligation, and said contractor and surety shall be subject to the damages in said contract for each day's failure on the part of said contractor to comply with the terms and provisions of said contract and this bond. NOW, THEREFORE, if the said contractor shall perform its agreement to maintain said construction and keep same in repair for the maintenance period of one (1) year, as herein and said contract provided, then these presents shall be null and void and have no further effect; otherwise, to remain in full force and effect. It is further agreed that this obligation shall be a continuing one against the Principal and Surety and that successive recoveries may be had hereon for successive breaches of the conditions herein provided until the full amount of this bond shall have been exhausted, and it is further understood that the obligation to maintain said work shall continue throughout said maintenance period, and the same shall not be changed, diminished, or in any manner affected from any cause during said time. IN WITNESS WHEREOF, the said DBR Construction Comoany. Inc. as Contractor and Principal, has caused these presents to be executed by Don Richards, President and the Said TIG Premier Insurance Company as surety, has caused these presents to be executed by its Attorney-in-Fact Cheryl L. Humphrey and the said Attorney-in-Fact has hereunto set his hand this 13th day of June F 19 94 , SURETY: TIG Premier Insurance Comnan CCG 4X`\ ~.f'lt1< ~t< . BY: Cheryl Humphrey Attorney-in-Fact PRINCIPAL: DBR Co truct' m an Inc. Don Rich rds President AM0104D MH-2 IMPORTANT NOTICE To obtain information or make a complaint: You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance: P. O. Box 149104 Austin, TX 78714-9104 FAX #(512) 475-1771 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the agent or the company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. TIG Premier Insurance Company Administrative Office: Battle Creek, Michigan 000007 GENERAL POWER OF ATTORNEY GPA Power Of Attornev valid onlv if numbered in red: Know All Men by These Presents, That TIG Premier Insurance Company, a corporation duly organized and existing under the laws of the State of California, and having its administrative office in Battle Creek, Calhoun County, Michigan, does by these presents make, constitute and appoint CHERYL L. HUMPHREY of PLANO and State of TEXAS its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge' and deliver CONTRACT BONDS (S.B.A.IGUARANTEE AGREEMENT) - MAXIMUM PENALTY $750,000.00 OTHER CONTRACT BONDS - MAXIMUM PENALTY $150.000.00 ALL OTHER and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said, Attorney(s)-in-Fact may do in the premises. Said appointment is made under and by authority of Section 35 of the bylaws, as amended, and duly adopted by the Board of Directors of the TIG Premier Insurance Company. "Be It Resolved, that the President, any Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any or more suitable persons as Attorney(s)- in-Fact to represent and act for and on behalf of the Company subject to the following provisions: "Section 1. Attorney-in-Fact Attorney-in-Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements of indemnity, consents of surety and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary." In Witness Whereof, TIG Premier Insurance Company has caused these presents to be signed by its VICE PRESIDENT and Its corporate seal to be hereto 94 -44;--A +k;---4TH AI ui~ 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 low 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 liabilities 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 minimum insurance coverage as indicated hereinafter. As soon as practicable after notification of bid award, Contractor shall file with the Purchasing Department satisfactory certificates of insurance, containing the bid number and title of the project. Contractor may, upon written request to the Purchasing Department, ask for clarification of any insurance requirements at any time; however, Contractors are strongly advised to make such requests prior to bid opening, since the insurance requirements may not be modified or waived after bid opening unless a written exception has been submitted with 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 in satisfaction of these requirements shall comply with the following general specifications, and shall be maintained in compliance with these general specifications throughout the duration of the Contract, or longer, if so noted: • Each policy shall be issued by a company authorized to do business in the State of Texas with an A.M. Best Company rating of at least A. • Any deductibles or self-insured retentions shall be declared in the bid proposal. If requested by the City, the insurer shall reduce or eliminate such deductibles or self- insured retentions with respect to the City, its officials, agents, employees and volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. • Liability policies shall be endorsed to provide the following: • Name as additional insured the City of Denton, its 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 insured against whom claim is made or suit is brought. The inclusion of more than one insured shall not operate to increase the insurer's limit of liability. Insurance Requirements page Cl- l of 3 • All policies shall be endorsed to provide thirty (30) days prior written.notice of cancellation, non-renewal or reduction in coverage. • Should any of the required insurance be provided under a claims-made form, Contractor shall maintain such coverage continuously throughout the term of this contract and, without lapse, for a period of three years beyond the contract expiration, such that occurrences arising during the contract term which give rise to claims made after expiration of the contract shall be covered. • Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit providing for claims investigation or legal defense costs to be included in the general annual aggregate limit, the. contractor shall either double the occurrence limits or obtain Owners and Contractors Protective Liability Insurance. • Should any required insurance lapse during the contract term, requests for payments originating after such lapse shall not be processed until the City receives satisfactory evidence of reinstated coverage as required by this contract, effective as of the lapse date. If insurance is not reinstated, City may, at its sole option, terminate this agreement effective on the date of the lapse. Specific Additional Insurance Requirements: All insurance policies proposed or obtained in satisfaction of this Contract shall additionally comply with the following marked specifications, and shall be maintained in compliance with these additional specifications throughout the duration of the Contract, or longer, if so noted: [X] General Liability Insurance: General Liability insurance with combined single limits of not less than $500,000 shall be provided and maintained by the contractor. The policy shall be written on an occurrence basis either in a single policy or in a combination of underlying and umbrella or excess policies. If the Commercial General Liability 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 coverages. • Coverage B shall include personal injury. • Coverage C, medical payments, is nqt required. If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) is used, it shall include at least: • Bodily injury and Property Damage Liability for premises, operations, products and completed operations, independent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures. • Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability. Insurance Requirements page CI-2 of 3 [X] Automobile Liability Insurance: Comprehensive or Business Automobile Liability intsurance shall be provided by the Contractor with limits of not less than $500,000 per occurrence either in a single policy or in a combination of underlying and umbrella or excess policies. The policy will include bodily injury and property damage liability arising out of operation, maintenance or use of any auto, including owned, non-owned and hired automobiles and employee non- ownership use. (ISO Form CA 0001 Current Edition) [X] Workers Compensation Insurance Contractor shall purchase and maintain Worker's Compensation insurance 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 waive all rights of subrogation against the City, its officials, agents, employees and volunteers for any work performed for the City by the Named Insured. End of Section Insurance Requirements page CI-3 of 3