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Texas city capital contracts

City of Dallas Public Works Contracts: Bonds, Insurance and DRIVE

Dallas sets its construction contract terms in its 2021 addendum to the North Central Texas standard specifications, which calls for a bid bond on bids over $50,000 and performance, payment and maintenance bonds in the amount of the contract, written by an admitted corporate surety on the federal Treasury list, with Lloyd's plan and surplus lines carriers not accepted. The addendum's general liability text and its own limits table state different figures, retainage runs 10 or 5 percent depending on contract size and the guarantee period is one year from final acceptance. Since December 10, 2025, the City's DRIVE small business policy has replaced the suspended M/WBE policy, with an aspirational 33 percent benchmark for construction.

A project bonds form on a desk beside rolled drawings and a pen, carrying a gold surety seal, with a city skyline and a building under construction behind it

Key Decision Points

  1. Bid bonds apply to bids over $50,000, and the amount is designated in each advertisement.
  2. Performance, payment and maintenance bonds are each written in the amount of the contract.
  3. Sureties must be admitted, corporate and on the Treasury list; Lloyd's plan and surplus lines carriers are not accepted.
  4. The general liability text says $500,000 and $1 million while the table says $1 million and $2 million; confirm in the solicitation.
  5. Retainage is 10 percent under $400,000 and 5 percent at or above, with a possible reduction to 2 percent at 80 percent complete.
  6. DRIVE replaced the suspended BID policy on December 10, 2025, with a 33 percent construction benchmark that is not a quota.

The 2021 City Addendum to the Regional Specifications

Dallas builds its public works contracts on the regional Public Works Construction Standards published by the North Central Texas Council of Governments, fifth edition of November 2017, and then layers its own exceptions on top. The City's addendum dated October 1, 2021, says it sets forth exceptions or requirements specific to Dallas Water Utilities, Park and Recreation and the Department of Public Works, and the published copy also applies to Aviation. Each clause in the addendum carries a COD suffix, such as 103.3.1.5.COD.

An older Dallas Water Utilities addendum from December 1998 is still online, but the 2021 addendum supersedes it. The 1998 version used a tiered bond rule: full performance and payment bonds above $100,000, a payment bond only from $25,001 to $100,000 and a possible waiver at $25,000 or less. Whether the City applies any threshold of that kind today was not confirmed; the 2021 addendum states the bonds in the amount of the contract and gives no threshold. Special provisions in each solicitation control, so confirm the bond and insurance terms in the bid package.

The City uses Bonfire as its electronic procurement platform, and bidders register and submit bids there. Procurement Services also says vendors must be registered with the Texas Secretary of State. We found no general construction prequalification program; the addendum relies on a bidder responsibility evaluation instead. Right-of-way and street-cut permits are a separate process, covered on our Texas encroachment permit bonds page.

Bid Bonds and the Bidder Responsibility Test

The addendum's definitions say a bid or proposal bond is furnished by each bidder on all bids in excess of $50,000, in an amount designated in the advertisement. The percentage is not stated in the addendum, so it is set in each solicitation. Clause 102.11.COD(6) lists a bid bond issued by a surplus line company as grounds for rejecting the bid.

Under 102.4.COD and 102.4.1.COD the City can ask for a financial statement and the bidder's bonding limits, and it requires a notarized safety affidavit with the bid, plus OSHA records for subcontractors performing $10,000 or more of the work. The addendum treats six or more serious violations, or three or more willful violations, within three years as disqualifying, and it looks for experience on similar projects completed within three years. For Public Works and Water Utilities contracts, the contractor must perform no less than 25 percent of the work with its own forces.

Clause 103.2.COD says the City attempts to award within 150 days, and bonds and insurance are due within 10 days after the contractor receives the contract. That short window is easier to meet when the surety has the bid results and the insurance certificate language before award.

Contract Bonds and What Dallas Requires of the Surety

The addendum's definitions place the performance and payment bonds under Section 3503.002 of the Texas Insurance Code and Chapter 2253 of the Texas Government Code, in the amount of the contract, and set the maintenance bond in the amount of the contract as well. Bonds go on City forms.

Clause 103.3.1.5.COD sets the surety rules in plain terms. The bond must be from a corporate surety, and the clause reads: "Texas Lloyd's Plan carriers are not acceptable." The surety must be an admitted carrier, surplus lines carriers are not acceptable, the surety must appear on the federal Treasury list (a requirement the clause says may be waived) and its underwriting limitation must be sufficient for 100 percent of the project cost.

Meeting those rules is separate from a surety agreeing to write the bond. Capacity, indemnity and pricing are subject to the surety's underwriting and can vary by program, so a contractor moving from private work into Dallas capital projects should test the surety's appetite before bidding.

General Liability: Two Different Figures in One Addendum

The 2021 addendum states two sets of general liability limits, and this page cites both rather than choosing one. The text of 103.4.1.2.COD calls for $500,000 per occurrence and a $1 million annual aggregate. Table 103.4.1.2.(a).COD in the same document lists $1 million each occurrence, a $2 million general aggregate, a $2 million products-completed operations aggregate and $1 million personal and advertising injury, with $50,000 fire damage and $5,000 medical expense. Ask the City which figure the solicitation uses, and expect the insurance exhibit in the bid package to control.

The same clause adds several terms. Claims-made coverage must stay continuous for 60 months, completed operations must be maintained for at least one year after final acceptance, and explosion, collapse and underground coverage and asbestos coverage (if applicable) must be included. The policy must also carry the CG 25 03 amendment of limits endorsement for a designated project or premises, which gives the project its own aggregate.

Notes to the table say all liability coverage must name the City as additional insured and all coverage, including workers' compensation, must provide the City a waiver of subrogation. The addendum's endorsement clauses ask for the broadest additional insured form available, say the policy's other insurance clause does not apply to the City, require an occurrence trigger on liability coverage, call for 30 days' notice of cancellation to the Office of Risk Management and require the contractor to tell the City within 24 hours of receiving an insurer's notice.

Auto, Umbrella and Other Required Lines

Clause 103.4.1.3.COD requires auto liability on owned, hired and non-owned vehicles at $1 million combined single limit per occurrence, including loading and unloading. Under 103.4.3.COD the umbrella must be not less than $1 million per occurrence, follow form, name the City as additional insured and provide drop-down coverage; the table notes say Risk Management may raise the umbrella limit for a given project.

Railroad protective liability applies when the special provisions call for it (103.4.4.COD). Workers' compensation follows the certificate-of-coverage rules in 28 TAC 110.110 (103.4.7.COD). Insurers must be authorized or approved in Texas, and subcontractors' liability policies must name both the contractor and the City as additional insured on the broadest form, including completed operations.

Three lines are not stated in the 2021 addendum: employer's liability minimums, pollution liability and builder's risk. They can appear in a project's special provisions, so check each insurance exhibit rather than assuming the addendum is the full list.

Retainage Tiers and the One-Year Guarantee

Clause 109.5.2.COD reads that "the OWNER shall retain 10-percent of the total dollar amount of work done on all contracts less than $400,000" and 5 percent on contracts of $400,000 or more. On contracts over $400,000, the City may reduce retainage to 2 percent once the work is 80 percent complete. Final payment under 105.10.4.COD releases all retainage and is paid within 30 days after final acceptance, with the consent of the surety.

The guarantee runs one year. Clause 105.2.2.COD refers to defects found within one year after final acceptance, and 105.10.2.COD, Guarantee After Completion, covers a period of one year from the date of final written acceptance, with repairs at the expense of the contractor or its surety. Because the maintenance bond is written in the amount of the contract, that year carries full bonded exposure.

DRIVE Replaced the M/WBE Policy

The City Council's Resolution 25-1879, adopted December 10, 2025, adopted the Developing Regional and Inclusive Vendor Enterprises policy and states that the Business Inclusion and Development (BID) Policy is suspended effective immediately. The resolution recites that BID had been suspended on June 26, 2025, for federal compliance and describes DRIVE as a race- and gender-neutral small business development framework. Under BID, the construction M/WBE goal had been 32 percent, according to the December 3, 2025, council briefing.

The DRIVE policy, revision dated March 1, 2026, applies to construction and other contracts over $100,000. Its construction services benchmark is 33 percent, and the policy calls its benchmarks aspirational, not enforceable quotas; contract-specific goals are set by scope and availability. A small business qualifies by SBA size standards and a principal office in the Dallas-Fort Worth-Arlington metropolitan area. The City does not certify small businesses itself and accepts certifications from bodies including NCTRCA, DFWMSDC, WSBC, the SBA and the Texas Comptroller's HUB program.

The 2024 Bond Program and the 2026 Ballot

The City's 2026 bond package fact sheet says the 2024 Bond Program totaled $1.25 billion across 10 propositions. The 2024 bond procurement page says Transportation and Public Works, Parks, Water Utilities and Bond and Construction Management procure design and construction services through Bonfire.

Proposition A is on the November 3, 2026, ballot and has not been approved. It asks voters for $443 million in general obligation bonds for five public safety facility projects: a law enforcement training center at $82 million, a public safety training complex at $149 million, an emergency operations and 911 center at $40 million, a police property room and crime lab at $150 million and Fire Station No. 4 at $22 million. If voters approve it, those projects would be bid under the City's own terms and each solicitation's special provisions.

Before You Ask for a Quote

What to Gather

  • The solicitation's special provisions, bid bond amount and insurance exhibit
  • The City's 2021 addendum to the regional standard specifications
  • The surety's Texas admission, Treasury listing and underwriting limitation
  • General liability policy with the CG 25 03 endorsement, additional insured and waiver forms
  • Safety affidavit, three years of OSHA records and similar-project experience
  • Small business certifications from an accepted certifying body

What to Ask the Insurer or Surety

  • What bid bond percentage does this advertisement designate?
  • Which general liability limits does this solicitation's insurance exhibit require?
  • Do the special provisions add employer's liability, pollution, builder's risk or railroad limits?
  • Will our surety write performance, payment and maintenance bonds at the full contract amount?
  • What contract-specific DRIVE goal applies, and which subcontractors count toward it?
  • Can we deliver bonds and certificates within 10 days of receiving the contract?
Quick Answer

Dallas' 2021 addendum requires a bid bond on bids over $50,000, contract bonds in the contract amount from an admitted Treasury-listed corporate surety, the CG 25 03 endorsement, $1 million auto and umbrella, tiered retainage and a one-year guarantee.

Common Mistake

Using a surplus lines or Texas Lloyd's plan surety. The addendum rejects both, and a surplus lines bid bond is grounds for rejecting the bid.

Broker Perspective

Because the addendum's general liability text and table differ, the insurance exhibit in the solicitation typically decides the limits, and it is worth confirming before pricing.

Coverage Impact

Employer's liability, pollution and builder's risk are not stated in the 2021 addendum, so any requirement for them can come only from a project's special provisions.

The Same Requirement in Other States

Questions Buyers Ask

When does the City of Dallas require a bid bond?

The 2021 addendum requires a bid or proposal bond on all bids over $50,000, in an amount designated in the advertisement. The percentage is not in the addendum, so check each solicitation.

Does Dallas accept surplus lines or Lloyd's sureties?

No. Clause 103.3.1.5.COD requires an admitted corporate surety on the federal Treasury list and says Texas Lloyd's plan and surplus lines carriers are not acceptable. A surplus lines bid bond is grounds for rejection.

What general liability limits does Dallas require?

The 2021 addendum's text says $500,000 per occurrence and $1 million aggregate, while its table lists $1 million per occurrence and $2 million aggregate. The solicitation's insurance exhibit controls, so confirm which applies.

How much retainage does the City of Dallas hold?

Ten percent on contracts under $400,000 and 5 percent on contracts of $400,000 or more, which the City may reduce to 2 percent at 80 percent completion. Retainage is released with final payment.

What replaced the Dallas M/WBE program?

Resolution 25-1879, adopted December 10, 2025, adopted the DRIVE small business policy and suspended the BID policy. DRIVE sets a 33 percent aspirational benchmark for construction services.

Has the 2026 Dallas public safety bond been approved?

No. Proposition A, $443 million for five public safety facility projects, is on the November 3, 2026, ballot. The outcome is not yet known.

Official Sources

  1. 2021 City of Dallas Addendum to the Public Works Construction Standards, North Central Texas (October 1, 2021), City of Dallas. Scope; bid bond over $50,000; surplus lines bid bond rejection; responsibility, safety and self-performance rules; award and 10-day bond timing; bonds in contract amount; surety rules; general liability text and table; CG 25 03; auto, umbrella, railroad, endorsements and workers' compensation; one-year guarantee; retainage tiers and release Verified 2026-10-26.
  2. Dallas Water Utilities Addendum to NCTCOG Standard Specifications (December 1998, superseded), Dallas Water Utilities. Historical tiered bond rule, cited only as history Verified 2026-10-26.
  3. Resolution 25-1879 (December 10, 2025), City of Dallas City Secretary. DRIVE adopted; BID policy suspended; June 2025 suspension recital Verified 2026-10-26.
  4. DRIVE Policy (revision dated March 1, 2026), City of Dallas Office of Procurement Services. Scope over $100,000; SBE eligibility; 33 percent construction benchmark; accepted certifying bodies Verified 2026-10-26.
  5. DRIVE council briefing (December 3, 2025), City of Dallas Office of Procurement Services. Prior BID construction goal of 32 percent; June 2025 suspension Verified 2026-10-26.
  6. Office of Procurement Services, City of Dallas Office of Procurement Services. Bonfire as the e-procurement platform; Texas Secretary of State registration Verified 2026-10-26.
  7. 2026 Bond Package fact sheet, City of Dallas Office of Bond and Construction Management. 2024 Bond Program total; Proposition A amount, projects and November 3, 2026, election Verified 2026-10-26.
  8. Texas Government Code Chapter 2253, Texas Legislature. Public works performance and payment bond statute cited in the City addendum Verified 2026-10-26.
  9. Texas Insurance Code Chapter 3503, Texas Legislature. Surety statute (Section 3503.002) cited in the City addendum's bond definitions Verified 2026-10-26.

Reviewed by the Principal, Gleason Insurance Brokers, LLCUpdated

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