1999-063 ORDINANCE NO q~ -~bJ
O INANCE ACCEPTINO CO ETITIVE BIDS AW a OINO A P LIC WOWS
CONTRACT FOR THE CONSTRUCTION OF THE SENIOR CENTER PARKING LOT,
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN
EFFECTIVE DATE (BID #2339 - SENIOR CENTER PARKING LOT AWARDED TO DBR
CONSTRUCTION IN THE AMOUNT OF $28,059)
WHEREAS, the City has solicited, received and tabulated competitive bids for the
construction of pubhc works or lmprovemants m accordance with the procedures of STATE law and
City ordinances, and
WHEREAS, the City Manager or a designated employee has received and rex~ommended that
the herein dascnbed bids are the lowest responsible bids for the constmcnon of the pubhc works or
improvements described in the b~d 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 ofpubhc 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 msponmble bids
BID
NUMBER CONTRACTOR AMOUNT
2339 DBR CONSTRUCTION $ 28,059
SECTION H That the acceptance and approval of the above competitive bids shall not
constitute a contract between the City and the person submitting the bid for construction of such
pubhc works or improvements herein accepted and approved, until such person shall comply with
all reqmrcments specified in the Notme to Bidders including the timely execution of a written
contract and furmshlng 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 m accordance
with the bids accepted and approved herein, provided that such contracts are made in accordance
with the Notace to Bidders and Bid Proposals, and documents relating thereto specifying the terms,
conditions, plans and specffications, standards, quantities and specified sums contained there~n
SECTION IV That upon acceptance and approval of the above competitive b~ds and the
execution of contracts for the pubhc works and tmprovements as authorized here~n, the C~ty Council
hereby authorizes the expen&ture of funds ~n the manner and ~n the amount as specffied ~n such
approved b~ds and anthor,zed contracts executed pursuant thereto
SECTION V That th~s or(hnance shall become effective ~mmerhately upon ~ts passage and
approval
PASSED AND APPROVED th~s the,:~/~(~ day of~,1999
JAC~I~ILLER, MAYOR
ATTEST
JENNiFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
2339 - CONTRACTUAL ORDINANCE
ATTACHMENT #1
TABULATION SHEET
BID # 2339
BID NAME SENIOR CENTER PARKING LOT JAGOE DBR
PUBLIC CONST
DATE 4-Feb-99
TOTAL BASE BID AWARD $ 49,128 47 $ 29,394 00
SP-$0 82 EA Dwarf Burford Hollies (Installed) $ '1,640 00 $ 2,050 00
8 3A-1 55 SY Deduct 8 3A - Concrete Pavement 4" $ 1,608 75 $ 137 60,
8 3A-2 55 SY Upgrade to 8tamped Patterned Concrete $ 5,500 00 $ 550 00
SP-60 55 SY Wood Chips $ 316 25 $ 650 00
ATTACHMENT #2
REVISED TABULATION OF LOWEST BID
Semor Center Rews~ons Work Days 25
Parking Lot B~d No
BID TABULATION SHEET P O No
Description Quantity Quantity Unit Price Total
21 Contractors Warrant~es and Understandings $ 2,449 50 /LS $ 2,449 5(~
12-A Irrigation Conduit 20 0 20 00 /LF 0
3-A Remove Curb and Gutter 54 6 00 /LF $ 324 0C
3-B Remove Concrete Flume 1 500 00 /EA $
1 2,449 50 /LS $ 2,449
3 Unclassified Excavation 60 10 00 /CY $
10 7 Hydromulch 70 0 3 00 /SY $ 0 0£
12 Erosion Control 500 00 /LS $ 500 00
6" L~me Treatment of Subgrade 1172 3 50 /SY $ 4,102 00
(Slun~) 16 100 00 $ 1,600 00
(TypeA) 948 5 50 /SY $ 5,21400
~gpe D) 948 5 00 /SY $ 4,740 00
Barricades, Warning Signs and Detours 0 $ 500 00 /LS 0 00
Install Concrete Curb & Gutter 630 7 50 /LF $ 4,725 00
Concrete Pavement 6" (Flatwork) 14 10 00 /LF $ 140 00
Concrete Pavement 4" 55 3 00 /SY $ 165 00
Concrete Saw Cut 8 0 5 00 /LF $
45 0 3 00 /LF $ 0 00
Miscellaneous Spnnkler AdJustment 0 100 00 /LS 0 00
Pavement Markings 0 500 00 /LS 0 00
$
BASE BID TOTAL 27,509 00
Alternate # 3
Unit Price Total
Stamped Patterned Concrete 55 $ 10 00 /SY $ 550 00
PROJECT TOTAL 28,059 013
CONTRACT AGREEMENT
STATE OF TEXAS §
COUNTY OF DENTON §
THIS AGREEMENT, made and entered into th~s 2 day of MARCH A.D., 1999, by and
between CITY OF DENTON of the County of DENTON and State of Texas, acting through
MICHAEL W. JEZ, City Manager, thereunto duly authorized so to do, hereinafter termed
"OWNER," and
DBR CONSTRUCTION COMPANY, INC.
2301 mNKLE DR.
DENTON, TX 76201
of the C~ty of DENTON County of DENTON and State of TEXAS, hereinafter termed
"CONTRACTOR"
WITNESSETH That for and m cons~deraUon of the paymems and agreemems
here:nafter mentioned, to be made and performed by OWNER, and under the cond~tlons
expressed m the bonds attached hereto, CONTRACTOR hereby agrees w~th OWNER to
commence and complete performance of the work specified below
BID # 2339- SENIOR CENTER PARKING LOT
in the amount of $ 28,059 and all extra work ~n connecuon therewith, under the terms
as stated In the General Condmons of the agreement, and at h~s (or their) own proper cost and
expense to furmsh all materials, supplies, machinery, equipment, tools, superintendence,
labor, insurance, and other accessories and serwces necessary to complete the work specified
above, m accordance with the conditions and prices stated in the Proposal attached hereto, and
m accordance with all the General Condmons of the Agreement, the Special Conditions, the
NoUce to B~dders (Advertisement for Bids), Instrucuons to B~dders, and the Performance and
Payment Bonds, all attached hereto, and m
CA- 1
accordance with the plans, which includes all maps, plats, bluepnnts, and other drawings and
printed or written explanatory matter thereof, and the Specifications therefore, as prepared by
ENGINEERING DEPARTMENT
all of which are made a part hereof and collectively evidence and constitute the entire contract
Independent Status
It is mutually understood and agreed by and between Cxty and Contractor that
Contractor ~s an mdependent contractor and shall not be deemed to be or considered an
employee of the C~ty of Denton, Texas, for the purposes of mcome tax, w~thholdlng, social
securxty taxes, vacation or sick leave benefits, worker's compensation, or any other Cxty
employee benefit City shall not have supervision and control of Contractor or any employee
of Contractor, and it ~s expressly understood that Contractor shall perform the services
hereunder aceordlng to the attached specifications at the general direct~on of the City Manager
of the City of Denton, Texas, or his designee under this agreement
Indemnification
Contractor shall and does hereby agree to mdemmfy and hold harmless the C~ty of
Denton from any and all damages, loss, or habll~ty of any kind whatsoever, by reason of mjury
to property or third persons occasxoned by any error, omission or negligent act of Contractor,
~ts officers, agents, employees, mvitees, and other persons for whom xt ~s legally liable, wxth
regard to the performance of this Agreement, and Contractor w~ll, at xts cost and expense,
defend and protect the C~ty 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 ~ts
construction and enforcement shall lie m the courts of Denton County, Texas
The CONTRACTOR hereby agrees to commence work on or after the date established
for the start of work as set forth in wrxtten notice to commence work and complete all work
within the tune stated m the Proposal, subject to such extensions of tune as are prowded by the
General and Speeml Conditions
The OWNER agrees to pay the CONTRACTOR ~n current funds the price or prices
shown m the Proposal, whxch forms a part of this contract, such payments to be subject to the
General and Speeml Condmons of the Contract
CA - 2
IN WITNESS WHEREOF, the partms of these presents have executed this agreement
m the year and day first above wmten
AT_TEST
(SEAL)
ATTEST
CONTRACTOR
MAILING ADDRESS
~PHONE/NUMBER
APPROVED AS TO FORM PRINTED~AME
ITY ATTORNEY /
CA - 3
BID # 2339
PROPOSAL
TO
THE CITY OF DENTON, TEXAS
FOR THE CONSTRUCTION OF
SENIOR CENTER PARKING LOT
IN
DENTON, TEXAS
The undersagned, as badder, declares that the only person or partaes
lnterested an thcs proposal as pr~ncapals are those named here~n, that
thcs proposal as made wathout colluslon wath any other person, farm or
corporation, that he has carefully examaned the form of contract,
Notice to B~dder, speclficat~ons and the plans there~n referred to,
and has carefully examined the locations, condlt~ons and classes Qf
materials of the proposed work and agrees that he w~ll provade all the
necessary labor, machinery, tools, apparatus, and other areas
~nc~dental to construction, and will do all the work and furnish all
the materials called for in the contract and spec~facat~ons ~n the
manner prescrabed here~n and according to the requarements of the C~ty
as therean set forth
It as understood that the following quantities of work to be done at
unit prlces are approximate only, and are ~ntended prancapally to
serve as a guide in evaluating b~ds
It is agreed that the quantat~es of work to be done at unit prxces and
materaal to be furnashed may be ancreased or d~mln~shed as may be
consadered necessary, ~n the open,on of the C~ty, to complete the work
fully as planned and contemplated, and that all quantatles of work
whether ~ncreased or decreased are to be performed at the unit prices
set forth below except as provlded for in spec~facataons
It is further agreed that lump sum prices may be ancreased to cover
addat~onal work ordered by the City, but not shown on the plans or
required by the specaf~cat~ons, ~n accordance wlth the provlsaons to
the General Cond~taons Samalarly, they may be decreased to cover
deletaon of work so ordered
It Ks understood and agreed that the work ~s to be completed xn full
w~th~n the number of work days shown on the b~d tabulation sheet
P -1
Accompanying this proposal ls a certlfmed or cashier's check or B~C
Bond, payable to the Owner, in the amount of fmve percent of the
bid
It is understood that the bmd security accompanymng this proposal
shall be returned to the bidder, unless mn case of the acceptance of
the proposal, the bidder shall famr to execute a contract and fmle a
performance bond and a payment bond w~thln fifteen days after ~Zs
acceptance, in which case the bid securmty shall become property of
the Owner, and shall be considered as a payment for damages due tc
delay and other inconveniences suffered by the Owner on account of
such failure of the bidder Owner reserves the right to reject any
and all bids Owner may Investigate the prior performance of the
bidder on other contracts, either public or private, mn evaluating b~d
proposals Should bidder alter, change, or qualify any specmflcatmoPs
of the bmd, Owner may automatically disqualify bidder
The undersigned hereby proposes and agrees to perform all work of
whatever nature required, in strmct accordance with the plans
specmflcatlons, for the followmng sum or price to wmt
P -2
Semor Center Parking Lot Work Days 25
B~d No 2339
BID TABULATION SHEET P O No
Item Description Quantity Unit Price Total
21 Contractors Warranties and Understandings $ 2449 50 /LS $ 2449 50
Unit Price In Words Two Thousand Four Hundred Forty Nine and Fifty Cents
12-A Conduit 20 $ 20 O0 /LF $ 400 00
Unit Price In Words Twenty and No Centa*
3-A R~move Curb and Gutter [ 54 LF $ 6 00 /LF $ 324 oo
Umt Pnce In Words six and No Cents*
3-B Remove Concrete Flume 1 $ 500.00 /EA $ 500 oo
Umt Price In Words Five Hundred and No Cents*
1 Preparat~onofPdghtofWay $ 2449.50 /LS $ 2449 50
Unit Pnce In Words Two Thousand Four Hundred Forty Nine and Fifty Cents*
Unclasmfied Excavation [ 60 CY $ 10 00 /CY $. 600 00
3
3
Umt Price In Words Ten and No Cents*
10 7 Hydromulch 70 $ 3 oo /SY $ 210 oo
Umt Pnce In Words Three and No Cents*
12 EromonControl $ 500 00 /LS $ 500 oo
Umt Price In Words Five Hundred and No Cents*
6-A 6"L~meTreatmentofSubgrade ] 1172 SY $ 3 50 /SY $ 4102 oo
Umt Pnce In Words Three and Fifty Cents*
46-B Type A Hydrated Llme (Slurry) 16 TON $ i00 00 /TON $ 1600 00
Unit Price In Words One Hundred and No Cents*
7-A 2 1/2" Asphalt Pavement Base (Type A) I 948 SY $ 5.50 /SY $ 5214 oo
Umt Price In Words Five and Fifty Cents*
7-B 1 1/2" Asphalt Pavement (Type D) 948 $ 5.00 /SY 4740 oo
Unlt Pnce In Words Five and No Cents*
P3
Semor Center Parking Lot Work Days
Bid No 23:~
BID TABULATION SHEET P O No
8I amcades, WarmngSlgnsandDetours [LS I$ 500.00 /LS S 500 oo
Unit Price In Words Five Hundred and N Cents*
2-A Ilnstall Concrete Curb & Gutter I 630 LF I$ 750 /LF S4725 O0
Unit Pnce In Words seven and Fifty Cents*
B 2-B Concrete Pavement 6" (Flatwork) 14 LF $ 10.00 /kF $ 140 00
Umt Price In Words Ten and No Cents*
Concrete Pavement 4" I 55 SY $ 3.00 /SY $ 165 oo
3A
Unit Pnce In Words Three and No Cents*
SP-2 Concrete Saw Cut 8 5 00 /LF S 4o 00
Unit Price In Words Five and No Cents*
SP-43 Asphalt Saw Cut 45 $ 3 00 /LF S 135 00
Unit Price In Words Three and No Cents*
SP-45 M~scellaneous SpnnklerAdjustment I LS $ 100 oo /LS S 100 oo
Unit Price In Words One Hundred and No Cents*
SP-55 $ 500 00 /LS $ 500 00
Unlt Pnce In Words Five Hundred and No Cents*
$ $
Unit Price In Words
$ S
Unit Price In Words
$
Unit Pnce In Words I
$
TOTAL $29,394 o0.
P4
Semor Center Parking Lot B~d No 233'~
Alternates P O No
Please note that th~s page contmns fqur separate and independent alternates
that may or may not be added to the bid
Alternate # 1 BID TABULATION SHEET Work Days
Item Description Quantity Unit Price Total
SP-50 (Installed) 82 $ 25.00 $ 2050 oo
Unit PHce In Words Twenty Five and No Cents*
TOTAL $205o 00~
Alternate # 2 BID TABULATION SHEET Work Days
Description Quantity Unit Price Total
Item
8 3A-1 Deduct 8 3A - Concrete Pavement 4" 55 $ 2.50 /SY $137 50
Unit Pnce In Words Two and Fifty Cents*
TOTAL $,137 5O*
Alternate # 3 BID TABULATION SHEET Work Days C
Item Description Quantity Unit Price Total
~ 3A-2 Upgrade to Stamped Patterned Concrete 55 $ 10 00 /SY $ 550 00
Unit Pnce In Words Ten and No Cents'~
TOTAL $550 00'
Alternate # 4 BID TABULATION SHEET Work Days 0
Item Description Quantity Unit Price Total
SP-60 WoodCtups 55 $ 10.00 /SY $ 550 00
Unit Price In Words Ten and No Cents*
TOTAL $550 00.
P5
BID SUMMARY
TOTAL BID PRICE IN WORDS *Twenty Nine Thousand Three Hundred Ninety
Four and No Cents*
In the event of the award of a contract to the undersigned, the understgned wtll furmsh a
performance bond and a payment bond for the full amount of the contract, to secure proper
compliance with the terms and provtslons of the contract, to insure and guarantee the work until
f'mal completion and acceptance, and to guarantee payment for all lawful clauns for labor
performed and matemals furmshed m the fulfillment of the contract
It is understood that the work proposed to be done shall be accepted, when fully completed and
finished m accordance w~th the plans and spemficat~ons, to the sausfacuon of the Engineer
The undermgned certifies that the b~d prices contained m thru proposal have been carefullx
checked and are subrmtted as correct and final
Unit and lump sum pmces as shown for each Item hsted m th~s proposal, shall control over
extensions
DBR Construction Company, Inc
2301 Hinkle Dr.
Street Address
Denton,TX 76201
City and State
Seal & Authomzauon
(Ifa Corporation) 940/383-3007
Telephone
B-1
BID SUMMARY
PRO~ECT WORK DAYS BID
Senior Center Parking Lot 20 $ 29,394 00
Alternate # 1, DwarfBurford Hollaes 5 $ 2,050.00
Altemate# 2, Deduct 8 3A Concrete Pavement 4" 0 $ 137.50
Alternate # 3, Upgrade to Stamped Patterned Concrete 0 $ 5.50.00
Alternate # 4, Wood Chaps 0 $ 550.00
Award of b~d will be based on the Item gl, Semor Center Parkang Lot Any of the alternates
accepted will be awarded to the same contractor who as awarded with Item #1 Workdays will be
kept separately on each section of the project
B-2
BOND PREMIUM BASED ON
FINAL CONTRACT PRICE
~01~) ~CU'i']~D ~ ~ (3) O~ClN~
~ond No. 132~9
STATE OF TEXAS
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS That usa Co__nat,ruction Compan,y,,~, Inc.
WhOle addresl !! 2301 Hlnkle Stree% Denton, TX 76201
beteiaafter called Pr/a~tpai, ~ Frontier Insurance Company
a ~orporatiofl organized ami exi~iag under the laws of the S~te of lqe~ York ,
fully allthorized to u~n~Ct b~mea~ in the Stau: of Texas, a~ Sorety~'~re"held and firmly bo~md
unto the Cily of Denton, a municipal corporation oriaem~d and e~:lstm$ under the laws of the
S~ of TeXM, h~l'Cl~li~er c~l~(~ O~/Ilel' ill the pel~l SILLIw O[r l%/enty-l/lght 3~housand, Fii~,y,~l/,~ne & no/leo---
DOLLARS ($2a,~os~ 00--7) plus ten p~rcant of the stated penal ~ a~ ~u addmoaal ~m of
money ~e.~emm~ ~dd~flonal colltt experaes, attorm:ys' fees, a.~d liquidated
ou~ of or come, ed with tie below ulenufled Coturac~, m lawful money of the Umted States,
to be pa~d m Denton County, Te~ma, for the p~yment of whi~l stml well and L, uly to be made,
we~hereby bind ourselves, ~r heel. executors, administrators, ~ucc.~aors, ~d_ assigns0 jointly
and severally, firmly by ~ ptesellt~ Th~s Bond shal! automatically be ~ncre~nd by the
amotmt of awj Cll~ge Order or Supplememal A~te~nem which mcreaee~ the Cuatract price,
but ia no event shall a Clui~t~e Order or Sul~Plemental A/:reement which reduces the Contract
price decrease the penal sum of thin Bond
THE OBLIGATION TO PAY SAME ~s coadi~wned as follows Wl~ereas. file
Pria:ipal entered into a cetlam Contract, Idenufied by Ordinance Number
w~th~heCllTofDenton, th¢Owner,/lated~e 2nd do, of Hatch AD
~ ,ac. opyofwlach~beretoa~achedandma/eapatt~ereef, for atdSo 23~-
,Se~ior Center ParkJ_n~t Lot
NOW. TH]/REFORfi, tithe Prmorpal shall well, frilly and fiuthtally perform and fulfill
~11 of the mxier~aldal~s, covemmta, terrm, eo~dition~ and aSteemaats of aa~d Comract m
~:cotdance with the Plans, Specifications and Contract Documents during the original term
thereof ami any e~emion thereof wluch may be/~n~ by the Owner, wi~h or without ~o~ice
lo th~ SuretT, and during the life of ~my/uataety or warranty required under tins CoauacL and
~h~ll also well and truly perform and f~lfill ali ~ umtenakm~, ~ovenant~, tenm, condiflom
~dl &~reement~ of any ~i all dui), authotu~d mod~cauo~s of ~uud Contr~n that may
hereafter be me/e, not,ce of which mod~fic~ttona to the Surety being hetel~ waivedl mid, d the
PrmciD~l shall repair and/or replace all defects due ~o faulty materu~ls a~d workmamhtp that
~pp~r wui~n a pennd ofon~ (l) year from the date of final c, urnpleuon and final ar. cepm~ce
the ,Work by the Owner, ~d, if the Ptlnclpal shall fully mdotmufy, and ~ve [umulma the
~ from all coats amd thmmges which Owner may seffet by reason of failure to m perform
hereto ~md shadl fully reimburse ~ld ~'epay Owner all outlay mid expense ~h~ch the Owm~r may
mc~ m r/t~gan~ l~ood any default or deficiency, then th~s obhgat~on ~hall be vo~d othe~v~ae, it
~al. ll remain in full force and effect
Pg I
This Bond ts ~iYen p41ra~tnt to ~ provisions of (~aptcr
w~ s~ of ~8 ~ be ~ ~ ~ ~s~ ~ o~ such a~, ~ ~ by
A~le 7 t~l of ~ ~u~ C~, Vein's ~ota~ Cwil
which s~l be de~ ~ orig(~, ~ ~ ~d ~y of ~rch , ~999
P~C~AL
ATTF~T SURETY
~TTORNEY-]~, Kenneth Zacharek
Collin
The Resident Asent of the ~urcty tn ~cnmlt County, Texas for delivery of not~ce and service
of the process es
NAME .v ~ Denia~%,Jr ~ CPC~
ST]~-I~-T AI')£}R~S ]-777~+ Preston Road, Dallas, TX 75252 / 800-375-2663
(.,¥O"J'E. ~Daze of t'ayn~: Bo~ mint be date of Contraa If #e:u~nt ~tent 1: not a
corpor~ton, IltV~ a i~rson't r~ne.)
PB - 4
BOND PREMIUM BASED ON
FINAL CONTRACT PRICE
~O~D EXeCUtED IN I~REE (3) ORIGINALS
PAY~ BON~
Bond No 1326~9
STATE OF ~S
CO~TY OF DENTON
KNOW ALL MEN BY TH~E P~SENTS Thai ~R Construction C~my, Inc
h~ ~1~ PreciS, md Frontier Insurance C~pany
~ Ci~ af Den~on, a m~tci~
THE OB~OA~ON ~ PAY
w~eCl~of~n, ~,~ 2nd ~yO[ ~rch A D'
~999t g ~ of wh[gh ~ ~{to ~gh~ ~ ~ · ~ ~of, ~t Bid No 2339 - S~nior Center
~tpuintes ~ ~ ~t m c~, ext~to~ of ~e, ~on or ~don ~ ~ ~s of
~ Co~ct, ~ ~ ~e Work M
Dmwq~. ~, ~ymg ~ ~e, shll
· e te~ of ~e Con~aet, or M ~e Wo~ to
PB - 3
PROVIDED FURTHER, {hat if any leaal a~on he ~ed upon ttu~ Bond. exclusive
venue shall lie in Demon Co~nuy, Sram of Texas
AND PROVIDED FURTHER, ~hsl ~e ~atct Surety, for vsluc received, hereby
atipulmes an~l agrccs mat no change, ~--.~ion of Urea, al~ration or addition to the terms of
thc Contrm:t. or to the Work to be performed tberemxler, or to the Pla~s, Spec~ficauons,
Drawin{~, etc., ~yin{ fi~ same, sl~] iu anywise aff~'t its obligation tm this {~nd,
aad tt d~ he~y wadve uotu~ of au&, ~h c.~g{~, mx2,,,ion of time, altermtiou or ndditinn to
thc terms of ,he Contract, ot to {he Work to be performed {hc, rmnder, ~ m ,he Plans.
~,~it'~ion~, Dravdngs. ere
Th. is Bond Is glv~m~ purm{i{mt to the provu.,o~ oF C~p~r 22.~3 m' ~e Texas
C,~veru~-uent Code, as ammnit~i, attd nny o~er app{~cabk ~ta~ute~ of the Stnle of Texas
The ,_~_~. igned and dusignated alien! is hereby de~{nat~i by {he Su~='~y be{~,n as the
Re~id~,nt Agent {,, Dentoo Caunty ~o whum any requhl2 .~ot~ may be delive~ ~d on
w{io~l ~,i{:~ of pro~'~n ,mtmy b~ hlid m lrmtte{'~ ~lmulg out of much stu'utym.hlp, n, provlti-~d by
Article 7 19-1 of the tu.{u~mce Code, Vemon'$ Au~ta~{~i Civil ,'{ta~s o! the Stat-. of Te~,-,s
IN WITNESS WHEREOF, ~{V lnstru~nt is executed in three
which ~hal] be deeln~i ~ui orq{mal, this the 2nd day of_ March ~ _. , ].999
ATTEST' PRINCIPAL
l)~ co.sml/u/,qZloR co~.~fi~c .
SECRETARY L/ ' ~,ESID~
ATTEST SURETY
~ 0~..~"¥'% ~ FRO~ INS{{3R COHP~J~]Y
'~ORNEY-~ACT. K~nneth Zacharek
Ti~ Rc~dcnt ASem of tt~ Su~ ia ~ Count, Texas for ~[iwry of
of the pro~ ~
NAME v R n~,~o, Jr . CPCU .......
STlih'm.T ADDRESS ].?~lt, Preston Road, Dallas, TX ~5252 ! 800-375-2663
(NOTE O~e of Perfvrmancg Bond mint b~ dart of Cvntract If
cot~orattot~, $~ve a {~r~n'$ nmne J
PB - 2
IMPORTANT NOTICE
To obtain ~nformatlon or make a complaint
You may contact the Texas Department of Insurance to obtain ~nformabon on
compames, coverages, nghts 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 d~spute ~s not resolved, you
may contact the Texas Department of Insurance
ATTACH THIS NOTICE TO YOUR POLICY
Th~s nobce ~s for mformabon only and does not become a part or cond~bon of the
attached document
INSURANCE COMPANY
Ro,.k Hi]] New Ye~k 12775
(A Stock Company)
POWER OF ATTORNEY
~{Itttttt .~l[ ~IT ~{~ ~t'~t ~r~t, ltt~ That FRONTIER INSURANCE COMPANY a New York Corporahon hawng ~ts principal ofhce n
Rock Hill New Yor~ pursuant to the following resolution adopted by the Board of Directors of the Corporanon on the 4th day of November 1985
RESOLVED that the Chairman of the Board the President or any Vice President be and hereby ~s authorized to appoint Attorneys *n
Fact to represent and act for and on behalf of the Company to execute bonds undertakmgs recognizances and other contracts of indemnity
and wrd~ ngs obligatory in the nature thereof and to attach thereto the corporate seal of the Company ~n the transaction of ds surety bus~ness
R Ese LVED ~hat the s~g natures and attestabons of such ofhcers and the seat of the Company may be afhxed to any such Power of Attorney
or to any certd~cate relating thereto by facsimile and any such Power of Attorney or cert~hcate beanng such facs~mde s~gnatures or factorable
sealshallbevahdandblndlngupontheCompanywhensoalhxedwlthrespecttoanybond undertaking recognlzanceorothercontractof
mdemndy or wrdlng obhgatory I~ the nature thereof
RESOLVED thatanysuchAttorney in Factdehver~ngasecretana~cert~f~cat~nthatthef~reg~mgres~uh~nssh~be~neffectmay~nsert~n
such certlhcatlon the date thereof smd date to be not later than the date of dehvery thereof by such A~orney ~n Fact
This Power of Attorney is s~gned and sealed in facsimile under and by the authority of the above ResoluPon
DOESHEREBYMAKECONSTITUTEANDAPPOINT V R Damlano, Jr JamesV Dam~ano KennethZacharek
Sherrt L Schraer Candace Damlano Malaye Mengel K~nder Kathy R Zacharek
Dallas ,n the State of Texas
~ts true and lawful Attorney(s) ~n Fact with full power and authority hereby conferred in ~ts name place and stead to sign execute acknowledge and
dehver m ds behalf and as its act and deed wdhout power of redelegat~on as follows
Bonds guaranteeing the fldehty of persons holding places of pubhc or private trust guaranteeing the performance of contracts other than
insurance pohcISs and executing or guaranteeing bonds and undertakings required or permuted in all acbons or proceedings or by law
allowed IN AN AMOUNT NOT TO EXCEED THREE MILLION FIVE HUNDRED THOUSAND ($3 500 000 00) DOLORS and to b~nd FRONTIER
INSURANCE COMPANY thereby as fully and to the same extent as ~f such bond or undertaking was s~gned by the duly authorized offmers of
FRONTIER INSURANCE COMPANY and all the acts pi sa~d Afforney(s) ~n Fact pursuant to the authority here*n given are hereby rabfled and
conhrmed
~Jlt ~thleee ~er~, FRONTIERIN~ANCECOMPANYo~ockHfll NewYork hascausedth~s Power ofAttorneytobes~g~ed by~tsPr ent
and as Corporate seal to be aff~xed th~s ~St~ day of April 19 ~
FRONTIER INSURANCE COMPANY / ~ ~
State of New York HARRY W RHULEN Pres,dent
County o~ Sullwan ss
On th~s 29th day of April 19 97 before the subscriber a Notary P~blm pi the State of
New York ,n and for the County of Sullivan duly comm~ss*oned and quahhed came HARRY W RHU LEN of FRONTIER INSURANCE COMPANY to
me personally known to be the ~nd~wdual and ofhcer described here,n and who executed the preced,ng instrument and acknowledged the
execut, on of the same and being by me duly sworn deposed and sa~d that he is the offmer of the Company aforesaid and that the seal affixed to the
preced*ng ,nstrument iS the Corporate Seal of the Company and the Corporate Seal and s~gnature as an ofhcer were duly afl,xed and subscr,bed to
the sa,d ~nstrument by the authority and dlrechon of the Corporation and that the resolution of the Company referred to ~n the preceding instrument
~J~ ~ttmO~l~ ~r~{, I have hereunto set my hand and affixed my official seal at Rock Hdt New York the day and year above wr~en
~OTARy
Sunbran Goun~ Gl~rk s ~o
CERTIFICATION
~Jt' ~tt~eS~ ~eO{, I have hereunto set my hand and afbxed the facslmde seal of the corporahon this 2.d day of
19 99
~ ~ ~O~H~IN ~ecre y
CITY OF DENTON
INSURANCE REQUIREMENTS FOR CONTRACTORS
Bidder's attention is directed to the Insurance requirements below. It la h~ghly
recommended that bidders confer w~th their respective Insurance carriers or brokers
to determine in advance of Bid submission the avallabihty of insurance certificates
and endorsements as prescribed and prov,ded here, n. If an apparent Iow b~dder falls
to comply str, ctly with the Insurance requirements, that bidder may be dlaqual,f;ed
from award of the contract. Upon b,d award, all insurance requirements shall
become contractual obligations wh,ch the successful bidder shall have a duty to
maintain throughout the course of this contract
STANDARD PROVISIONS:
Without hmlt~ng any of the other obligations or I~ab~l~t~es of the Contractor, the
Contractor shall provide and maintain untd the contracted work has been completed
and accepted by the C~ty of Denton, Owner, the m~mmum insurance coverage as
md.cared here.nafter
As soon as practlcabl;~ after notification of b~d award, Contractor shall hie with'the
Purchasing Department satisfactory certificates of ~nsurance, containing the b~d
number and title of the project Contractor may, upon written request to the
Purchasing Department, ask for clarlflcatmn of any ~nsurance requirements at any
time, however, Contractors are strongly advised to make such requests pnor to b~d
opemng, since the ~nsurance requirements may not be modified or waived after b~d
opemng unless a written exception has been submitted with the b~d Contractor shall
not commence any work or dehver any material until he or she recmves notification
that the contract has been accepted, approved, and signed by the City of Denton
All insurance pohcles proposed or obtained m satisfaction of these requirements shall
comply w~th the following general spemflcat~ons, and shall be maintained ~n
comphance with these general specifications throughout the duration of the Contract,
or longer, ~f so noted
· Each pohcy shall be Issued by a company authonzed to do business ~n the
State of Texas w~th an A.M Best Company rating of at least A
· Any deductibles or self-insured retentions shall be declared m the bid
proposal If requested by the City, the ~nsurer shall reduce or ehmmate
such deductibles or self-~nsured retentions with respect to the City, ~ts
officials, agents, employees and volunteers, or, the contractor shall procure
a bond guaranteeing payment of losses and related |nvestlgatlons, cla.m
administration and defense expenses
AAA00350
REVISED 10/12/94
Insurance Requirements
Page 2
officials, agents, employees and volunteers; or, the contractor shall procure
a bond guaranteeing payment of losses and related investigations, claim
administration and defense expenses.
· Liability policies shall be endorsed to provide the following.'
ee 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 Js made or SUit IS brought. The inclusion of more than one
Insured shall not operate to increase the ,nsurer's limit of Ilabdlty
· All policies shall be endorsed to prowde thirty(30) days prior written not,ce
of cancellation, non-renewal or reduction m coverage
· Should any of the required insurance be prowded under a claims-made
form, Contractor shall maintain such coverage continuously throughot~t 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 ~ny of the required insurance be provided under a fo,m cf coverage
that Includes a general annual aggregate limit providing for claims
Investigation or legal defense costs to be included ~n the general annual
aggregate limit, the contractor shall either double the occurrence hmlts or
obtain Owners and Contractors Protective Llabd~ty 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 th~s
contract, effective as of the lapse date. If insurance m not reinstated, City
may, at its sole option, terminate this agreement effective on the date of
the lapse.
REVmF. D 'm/12/0,~ Cf - 2
Insurance Requ,rements
Page 3
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS.
All insurance pohmes proposed or obtaPned m satPsfactmn of th~s Contract shall
addPtPonally comply w,th the following marked specPflcatJons, and shall be maPntamed
~n complmnce wPth these addPtPonal apemflcatlons throughout the duratPon of the
Contract, or longer, ,f so noted
IX] A General L~abll,tylnsurance:
General L,abPIPty insurance wPth comb,ned single IPm,ts of not less than
1.000.000 shall be provPded and ma~nta,ned by the contractor The pohcy
shall be wntten on an occurrence basPs ePther ~n a sPngle policy or ;n a
combination of underlying and umbrella or excess polPcPes
If the Commercml General LmbdPty form (leO Form CG 0001 current
ed~tmn) Ps used
Coverage A shall ~nclude premPses, operatPons, products, and
completed operatPons, Pndependent contractors, contractual hab~hty
covenng th;s contract and broad form property damage coverage
· Coverage B shall include personal injury
· Coverage C, medPcal payments, ;s not required
If the Comprehens;ve General LPabPhty form (leO Form GL 0002 Current
Ed,t~on and ISO Form GL 0404) Ps used, Pt shall ~nclude at least
· Bodily injury and Property Damage L,aD~lPty for premmes,
operations, products and completed operations, ~ndependent
contractors and property damage resulting from explosion, collapse
or underground (XCU) exposures
· Broad form contractual habPhty (preferably by endorsement)
covenng thPs contract, personal ~njury hab~hty and broad form
property damage habPIPW
IX] Automobile L;ab;lity Insurance
Contractor shall provPde Commermal Automobde L~ab;l~ty Pnsurance wPth
Combined Single L~m,ts (CSL) of not less than 1.000.000 ePther In a sPngle
pohcy or ,n a combPnatlon of basPc and umbrella or excess poi,roes The polPcy
w~ll ~nclude bodily ~njury and property damage hab~l~ty ansmg out of the
AAAO0350
Insurance Requirements
Page 4
operation, maintenance and use of all automobiles and mob,le equipment used
m conjunction with thru contract
Satmfactmn of the above requirement shall be ~n the form of a pohcy
endorsement for
· any auto, or
· all owned, h~red and non-owned autos
[X] Workers Compensation Insurance
Contractor shall purchase and maintain Worker's Compensatmn ~nsurance
which, m addition to meeting the minimum statutory requirements for ~ssuance
of such ~nsurance, has Employer's Uab~hty hm~ts of at least $100,000 for each
acmdent, $100,000 per each employee, and a $500,000 pohcy hm~t for
occupational dmease The C~ty need not be named as an "Add~tmnal Insured"
but the ~nsurer shall agree to waive all rights of subrogation against the C~ty,
ItS offlcmls, agents, employees and volunteers for any work performed for the
C~ty by the Named Insured For bu,ld~ng or constructmn projects, the
Contractor shall comply w~th the prov,mons of Attachment 1 m accordance
w~th §406.096 of the Texas Labor Code and rule 28TAC 110 110 of the
Texas Worker's Compensatmn Comm~ssmn (TWCC)
[ ] Owner's and Contractor's Protective Lmb,hty Insurance
The Contractor shall obtain, pay for and maintain at all t;mes dunng the
prosecution of the work under th;s contract, an Owner's and Contractor's
Protective L;ab;hty ~nsurance pohcy naming the C~ty as insured for property
damage and bodily ~njury which may anse ;n the prosecutmn of the work or
contractor's operations under th;s contract Coverage shall be on an
"occurrence" bas;s, and the pohcy shall be ;ssued by the same ;nsurance
company that carnes the contractor's Imb~hty ~nsurance Pohcy hm~ts wdl be at
least combined bodily injury and property damage per occurrence
with a aggregate
[ ] Fire Damage Legal Liability Insurance
Coverage ~s requ;red ~f Broad form General L;ab~hty ;s not prov;ded or ~s
unavailable to the contractor or ;f a contractor leases or rents a port~on of a
City building L;m~ts of not less than each occurrence are required
AAA00350
.Ews~= ~o/~2/~4 CI - 4
Insurance Requirements
Page 5
[ ] Professional Liabil,ty Insurance
Professional liability ~nsurance w;th limits not less than per cla=m
with respect to negligent acts, errors or om;salons in connection w~th
professional serv;ces Is required under th,s Agreement
[ ] Broiders' Risk Insurance
Builders' R~sk Insurance, on an Ali-Risk form for 100% of the completed value
shall be provided Such pohcy shall ~nclude as "Named Insured" the C~ty of
Denton and all subcontractors as their ~nterests may appear
[ ] Additional Insurance
Other insurance may be required on an ~nd,wdual bas~s for extra hazardous
contracts and specific service agreements If such additional ~nsurance ~s
required for a specific contract, that requirement w~ll be described in the
"Specific Conditions" of the contract specifications
AAAO0350
R~WSED ~0/~;/E4 CI - 5
Insurance Requirements
Page 6
ATTACHMENT 1
[X] Worker's Compensation Coverage for Building or Construction Projects for
Governmental Entitles
A Definitions
Certificate of coverage ("certlflcate")-A copy of a certificate of ~nsurance, a
certificate of authority to aelf-~nsure issued by the commission, or a
coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84),
showing statutory workers' compensation insurance coverage for the
person's or entlty's employees providing services on a project, for the
duration of the project
Duration of the project - includes the time from the beginning of the work
on the project until the contractor's/person'swork on the proJect has been
completed and accepted by the governmental entmty
Persons providing services on the project ("subcontractor" in §406 096) -
includes all persons or entitles performing all or part of the services the
contractor has undertaken to perform on the project, regardless of whether
that person contracted directly with the contractor and regardless of
whether that person has employees Th~s ~ncludes, wmthout hmltat;on,
Independent contractors, subcontractors, leasing compames, motor
carriers, owner-operators, employees of any such entity, or employees of
any entity which furnishes persons to prowde services on the project
"Services" Include, without hmltatlon, prov,dlng, hauling, or del~venng
equipment or materials, or providing labor, transportation, or other service
related to a project "Services" does not include actlv,t~es unrelated to the
project, such as food/beverage vendors, office supply dehvenes, and
dehvery of portable toilets
B The contractor shall provide coverage, based on proper reporting of
classification codes and payroll amounts and fll;ng of any overage
agreements, which meets the statutory requirements of Texas Labor Code,
Section 401 011(44) for all employees of the contractor providing services
on the project, for the duration of the project
C The Contractor must provide a certificate of coverage to the governmental
entity prior to being awarded the contract
D If the coverage period shown on the contractor's current certificate of
coverage ends during the duration of the project, the contractor must, prior
to the end of the coverage period, file a new certificate of coverage w~th
the governmental entity showing that coverage has been extended
AAAO0350
REVISED 10/12/94 Gl ' 6
Insurance Requirements
Page 7
E The contractor shall obtain from each person prowd,ng services on a
project, and prowde to the governmental entity
(1) a certificate of coverage, pnor to that person beg~nmng work on the
project, so the governmental entity will have on file certificates of
coverage showing coverage for all persons prov,d,ng services on the
project, and
(2) no later than seven days after recefpt by the contractor, a new
certificate of coverage showing extension of coverage, ~f the
coverage period shown on the current cert, flcate of coverage ends
dunng the duration of the project
F The contractor shall retain all required cert,flcates of coverage for the
duration of the project and for one year thereafter
G The contractor shall notify the governmental entity ~n writing by certified
mall or personal delivery, within 10 days after the contractor knew or
should have known, of any change that materially affects the prows~on of
coverage of any person providing serwces on the project
H The contractor shall post on each project s~te a not~ce, ~n the text, form
and manner prescribed by the Texas Workers' Compensation Comm,ss~on,
informing all persons provld,ng services on the project that they are
required to be covered, and stating how a person may verify coverage and
report lack of coverage
The contractor shall contractually require each person w~th whom ~t
contracts to provide services on a project, to
(1) provide coverage, based on proper reporting of classification codes
and payroll amounts and f,l,ng of any coverage agreements, which
meets the statutory requirements of Texas Labor Code, Section
401 011(44) for all of ~ts employees prowdlng services on the
project, for the duration of the project,
(2) provide to the contractor, prior to that person beginning work on the
project, a certificate of coverage showing that coverage Is being
provided for all employees of the person prowd~ng services on the
project, for the duration of the project,
(3) provide the contractor, prior to the end of the coverage period, a new
AAA003EO
REVISED 10112/94 CI - 7
Insurance Requirements
Page 8
certlf,cate of coverage showing extension of coverage, ,f the
coverage period shown on the current certificate of coverage ends
during the duration of the project,
(4) obtain from each other person with whom it contracts, and prowde to
the contractor
(a) a certificate of coverage, prior to the other person beglnmng
work on the project, and
(b) a new certificate of coverage showing extension of coverage,
prior to the end of the coverage period, ~f the coverage period
shown on the current certificate of coverage ends during the
duration of the project,
(5) retain all required certificates of coverage on file for the duration of
the project and for one year thereafter,
(6) notify the governmental entity ~n writing by certified mall or personal
delivery, within 10 days after the person knew or should have
known, of any change that matermll¥ affects the provision of
coverage of any person providing serwces on the project, and
(7) contractually require each person w~th whom it contracts, to perform
as required by paragraphs (1) - (7), w~th the certificates of coverage
to be provided to the person for whom they are providing serwces
J By slgmng this contract or providing or causing to be provided a certificate
of coverage, the contractor is representing to the governmental entity that
all employees of the contractor who will provide services on the project
will be covered by workers' compensation coverage for the duration of the
project, that the coverage w~ll be based on proper reporting of
classification codes and payroll amounts, and that all coverage agreements
will be filed with the appropriate ~nsurance carrier or, in the case of a self-
insured, with the commission's Division of Self-Insurance Regulation
Providing false or misleading ~nformatlon may subject the contractor to
administrative penalties, criminal penalties, civil penalties, or other c,v~l
actions
K The contractor's failure to comply with any of these provisions ~s a breach
of contract by the contractor which entitles the governmental entity to
declare the contract void if the contractor does not remedy the breach
w~thln ten days after receipt of notice of breach from the governmental
entity
~^oo2Eo CI - 8
REVISED 10/12/94