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'.
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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