HomeMy WebLinkAbout1997-211ORDINANCE NO 97-,411
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
NUMBE CONTRACTOR AMOi INT
2065 DBR CONSTRUCTION COMPANY EXHIBIT A
SECTION ION II 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
public works or 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
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 '0 day of 1997
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
2
JA MILLER, MAYOR
BID # 2065
BID NAME Single Family Home Construction
OPEN DATE July 10, 1997
tan 0122577 NE 1, for Lot #1
Plan #KD 1008 SW (Optional Bid for Lot #2) _
ADDENDUM #1 - SIDEWALKS
BOND
DBR
CONST
—VENDOR
$75,631 00
$62,224 00
INCL ABOVE
YES
EXHIBIT A
DATE AUGUST 5, 1997
[GINVAKIINCE911
TO Mayor and Members of the City Council
FROM Kathy DuBose, Executive Director of Finance
SUBJECT BID # 2065 - SINGLE FANHLY HOUSE CONSTRUCTION
We recommend this bid be awarded to the single qualified bidder, DBR
Construction Company for the option bid that includes one unit at $75,631 00 and a second unit at $62,224 00
Total Contract amount $137,855 00
SUMMARY: Thus bid is for the construction of two single family dwellings to be built on lots purchased
with CDBG finds The houses will be located in the Hill Street Addition, Lots 1 and 2, Block A After the
units are finished they will be sold to qualified home buyers
PRO . AMS, DFPARTMF.NTS OR GROLTPC AFFECTED. Community Development Block Grant
(CDBG) Operations
FISCAI IMPACT• Funds for the construction for these houses are available from the Affordable Housing
Program
Attachments Exhibit A
Tabulation Sheet
Approved
Name Tom D Slaw,C-P—M
Title Purchasing Agent
904 AGENDA
Respectfully submilted
���tt
Kat y BQp
Executive D ctor of Finance
0
BID #
BID NAME
DPEN DATE
1
2
3
2065
Single Family Home Construction
July 10,1997
DESCRIPTION -
1 Plan #122577 NE 1, for Lot #1
1 Plan #TC1229 NE, for Lot#2
I Plan #KD 1008 SW (Optional Bid for Lot #2)
ADDENDUM #1 - SIDEWALKS
BOND
DBR
CONST
VENDOR VENDOR
$75,631 00 _
$75,872 00 k
$62,22100�
INCL ABOVE
YES
5
J \Wpdocs\k\contract frm
CONTRACT
THE STATE OF TEXAS §
COUNTY OF DENTON §
THIS AGREEMENT, made and entered into this the 5 day of
AUGUST A.D., 19 97 , by and between the City of
Denton of the County of Denton and State of Texas, acting through
TED BENAVIDES
thereunto duly authorized so to do, hereinafter termed "OWNER", and
DBR CONSTRUCTION COMPANY
2301 HINKLE STREET
of the City of DENTON , County of
� u
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@ 2065 - SINGLE FAMILY HOME CONSTRUCTION
and all extra work in connection therewith, under the terms as
stated in the General Conditions of the agreement; and at its (his
or their) own proper cost and expense to furnish all materials,
supplies, machinery, equipment, tools, superintendence, labor, in-
surance, 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 con-
ditions, the Notice to Bidders (Advertisement for Bids), Instruc-
tions to Bidders, and the Performance and Payment Bonds, all
attached hereto, and in accordance with the plans, which includes
all maps, plats, blueprints, and other drawings and printed or
Page 1
written explanatory matter thereof, and the Specifications here -
fore, as prepared by CDBG STAFF
all of which are made a part hereof and collectively evidence and
constitute the entire contract.
A. The work to be performed under this contract is on a pro-
ject assisted under a program providing direct Federal financial
assistance from the Department of Housing and Urban Development and
is subject to the requirements of section 3 of the Housing and Ur-
ban Development Act of 1968, as amended, 12 U.S.C. 1701u. Section
3 requires that to the greatest extent feasible, opportunities for
training and employment be given to lower income residents of the
area of the section 3 covered project, and contracts for work in
connection with the project be awarded to business concerns which
are located in, or owned in substantial part by persons residing in
the area of the section 3 covered project.
B. The parties to this contract will comply with the provi-
sions of said section 3 and the regulations issued pursuant thereto
by the Secretary of Housing and Urban Development set forth in 24
Part CFR 135, and all applicable rules and orders of the Department
issued thereunder prior to the execution of this contract. The
parties to this contract certify and agree that they are under no
contractual or other disability which would prevent them from com-
plying with these requirements.
C. The CONTRACTOR will send to each labor organization or re-
presentative of workers with which it has a collective bargaining
agreement or other contract or understanding, if any, a notice
advising the said labor organization or workers' representative of
the commitments under this section 3 clause and shall post copies
of the notice in conspicuous places available to employees and
applicants for employment or training.
D. The CONTRACTOR will include this section 3 clause in every
subcontract for work in connection with the project and will, at
the direction of the applicant for or recipient of Federal finan-
cial assistance, take appropriate action pursuant to the subcon-
tract upon a finding that the subcontractor is in violation of
regulations issued by the Secretary of Housing and Urban Develop-
ment, 24 CFR Part 135. The CONTRACTOR will not subcontract with
any subcontractor where it has notice or knowledge that the latter
has been found in violation of regulations under 24 CFR Part 135
and will not let any subcontract unless the subcontractor has first
provided it with a preliminary statement of ability to comply with
Page 2
the requirements of these regulations.
E. Compliance with the provisions of section 3, the regulat-
ions set forth in 24 CPR Part 135, and all applicable rules and
orders of the Department issued thereunder prior to the execution
of the contract, shall be a condition of the Federal financial
assistance provided to the project, binding upon the applicant or
recipient, its contractors and subcontractors, its successors, and
assigns to those sanctions specified by the grant or loan agreement
or contract through which Federal assistance is provided, and to
such sanctions as are specified by 24 CFR Part 135.
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 taxes, withholding taxes,
social security taxes, vacation or sick leave benefits, worker's
compensation, or any other City employee benefit. City shall not
have supervision and control of CONTRACTOR or any employee of
CONTRACTOR, and it is expressly understood that CONTRACTOR shall
perform the services hereunder according to the attached specifica-
tions at the general direction of the City Manager of the City of
Denton, Texas, or his designee under this agreement.
iR-7,_ .,
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 perform-
ance of this Agreement, and CONTRACTOR will, at its cost and ex-
pense, defend and protect the City of Denton against any and all
such claims and demands.
Any notice or other written instrument required or permitted to
be delivered under the terms of this agreement shall be deemed to
have been delivered, whether actually received or not, when depos-
ited in the United States mail, postage prepaid, registered or
certified mail, return receipt requested, addressed to the OWNER or
CONTRACTOR, as the case may be, at the following addresses:
Page 3
OWNER;
CONTRACTOR:
City of Denton, Texas ATTN: City Manager /
215 E. McKinney�i
Denton, TX 76201
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.
IN WITNESS WHEREOF, the parties of these presents have executed
this agreement in the year and day first above written.
wmmcom.
APPROVED AS TO FORM:
City attorney
CITY OF DENTON
OWNER
By:
Page 4
ATTEST:
(SEAL)
Page 5
THE STATE OF TEXAS
BOND NO. 722088
COUNTY OF DENTON BOND EXECUTED IN FOUR (4) ORIGINALS
KNOW ALL MEN BY THESE PRESENTS That DBR Construction Company, whose
address is 2301 Hinkle St., Denton, TX 76201, hereinafter called Principal, and
Capitol Indem pity pgyRoratiorfa oorporation organized and existing under the laws of the
State of Texas, and fully authorized to transact business in the State of Texas, as Surety, are held and
firmly bound unto the City of Denton, a municipal corporation organized and existing under the laws
of the State of Texas, hereinafter called Owner, in the penal sum of one Hundred Thirty -Eight
Thousand One Hundred One and no/100--($138,101.00)--plus10percentofthestated
penal sum as an additional sum of money representing additional court expenses, attorneys' fees, and
liquidated damages ansmg out of or connected with the below identified Contract, in lawful money
of the United States, to be paid in Denton County, Texas, for the payment of which sum well and
truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors, and
assigns, jointly and severalty, firmly by these presents This Bond shall automatically be increased
by the amount of any Change Order or Supplemental Agreement winch increases the Contract pri"e,
but in no event shall a Change Order or Supplemental Agreement which reduces the Contract price
decrease the penal sum of this Bond
THE OBLIGATION TO PAY SAME is conditioned as follows Whereas, the Principal
entered into a certain Contract, identified by Ordinance Number 97-211, with the City of Denton,
the Owner, dated the 5 day of August A D.1997, a copy of which is hereto attached and made a part
hereof, for BID # 2065 -SINGLE FAMILY HOUSE CONSTRUCTION.
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill all
of the undertakings, covenants, terms, conditions and agreements of said Contract in accordance with
the Plans, Specifications and Contract Documents during the original term thereof and any extension
thereof which may be granted by the Owner, with or without notice to the Surety, and during the life
of any guaranty or warranty required under this Contract, and shall also well and truly perform and
fulfill all the undertakings, covenants, terns, conditions and agreements of any and all duly
authorized modifications of said Contract that may hereafter be made, notice of which modifications
to the Surety being hereby waived, and, if the Principal shall repair and/or replace all defee.ts due to
faulty materials and workmanship that appear within a period of one (1) year from the date of final
completion and final acceptance of the Work by the Owner, and, if the Principal shall fully
indemnify and save harmless the Owner from all costs and damages which Owner may suffer by
reason of failure to so perform herein and shall fully reimburse and repay Owner all outlay and
expense which the Owner may incur in making good any default or deficiency, then this obligation
shall be void, otherwise, it shall remain in full force and effect
PROVIDED FURTHER, that if any legal action be filed upon this Bond, exclusive venue
shall lie in Denton County, State of Texas.
PERFORMANCE BOND - Page 1
/R . ,., 11 11 ,., ,.,
AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and
agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the
Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc., accompanying the
same, shall in anywise 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, or to the Plans, Specifications, Drawings, etc.
This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government
Code, as amended, and any other applicable statutes of the State of Texas.
The undersigned and designated agent is hereby designated by the Surety hettin as the
Resident Agent in CollinCounty to whom any requisite notices may be delivered and on whom
service of process may be had in matters ansing out of such suretyship, as provided by Article 7 19-1
of the Insurance Code, Vemon's Annotated Civil Statutes of the State of Texas
IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of which shall
be deemed an original, this the 5 day of August,1997.
ATTEST
PRINCIPAL
DBR Construct m any, Inc
BY BY
C BY
SECRETARY Don `chard PRESIDENT
ATTEST
SURETY
Capitol Indemnity Corporation
BY ,D _ , ��.�. , e BY:
%YrORNRV-IN-FACT
Kathy It. Zacharek
The Resident Agent of the Surety in CollinCounty, Texas for delivery of notice and service of the
processis
NAME V. R. Damiano, Jr.
STREET ADDRESS 17774 Preston Road, Dallas, TX 75252
(NOTE. Date of Performance Bond must be date of Contract If Resident Agent is not a
corporation, give a person's name)
(aerised 2/971
1.%F09M5\9rNP092r BOW
PERFORMANCE BOND - Page 2
no a 0/97999/IR=(TI ANV,IW(P) NC)IT ITT T iNn) nnn 76 I /I, 11 no
THE STATE OF TEXAS
COUNTY OF DENTON
/ uyqt 1 its
BOND NO 722088
BOND EXECUTED IN FOUR (4) ORIGINALS
KNOW ALL MEN BY THESE PRESENTS, That DBR Construction Company, whose
address is 2301 Hinkle St., Denton, TX 76201, hereinafter called Principal, and
Capitol Indemnity Corporation, a corporation organized and existing under the laws of the
State of Texas, and frilly authorized to transact business in the State of Texas, as Surety, are held and
firmly bound unto the City of Denton, a municipal corporation organized and existing udder the laws
of the State of Texas, hereinafter called Owner, and unto all persons, firms, and corporations who
may furnish materials for, or perform labor upon, the building or improvements hereinafter referred
to, in the penal sum of One Hundred Thirty -Eight Thousand One Hundred One and
no/100—($138,101.00)------ in lawful money of the United States, to be paid in Denton
County, Texas, for the payment of which sum well and truly to be made, we hereby bald ourselves,
our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these
presents Tins Bond shall automatically be increased by the amount of any Change Order or
Supplemental Agreement which increases the Contract price, but in no event shall a Change Order
or Supplemental Agreement which reduces the Contract price decrease the penal sum of this Bond
THE OBLIQATION TO PAY SAME is conditioned as follows Whereas, the Principal
entered into a certain Contract, identified by Ordinance Number 97-211, with the City of Denton,
the Owner, dated the 5 day of August, A D 1997, a copy of which is hereto attached and made a
part hereof, for BID # 2065 -- SINGLE FAMILY HOUSE CONSTRUCTION
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties and
make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying
labor and/or material in the prosecution of the Work provided for in said Contract and any and all
duly authorized modifications of said Contract that may hereafter be made, notice of which
modifications to the Surety being hereby expressly waived, then this obligation shall be void,
otherwise it shall remam in full force and effect
PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive venue shall
Ire in Denton County, Texas
AND PROVIDED FURTHER, that the said Surety, for value received, hereby 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 to the Plans, Specifications, Drawuigs, etc , accompanying the same,
shall in anywise 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, or to the Plans, Specifications, Drawings, etc
PAYMENT BOND - Page 1
60 ,i R/ 97'l9S/ M=(11 ANV IWO ) Nf1I I 11) 1 ,Nil ) Nfl(Y i 4 1 1 IF, 1 1 Flo
This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Goveminent
Code, as amended, and any other applicable statutes of the State of Texas.
The undersigned and designated agent is hereby designated by the Surety herem as the
Resident Agent in Collin County to whom any requisite notices may be delivered and on whom
service of process may be had in matters arising out of such suretyship, as provided by Article 719-1
of the Insurance Code, Vernonls Annotated Civil Statutes of the State of Texas
IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of which shall
be deemed an original, this the 5 day of Augus41997.
ATTEST
ATTEST
PRINCIPAL
DBR Construction Company, Inc.
HY GG�z
P DENT
Don Richards
SURETY
Capitol Indemnity Corporation
The Resident Agent of the Sure Kathy R. Zacharek
g Surety m Colli nCounty, Texas for delivery of notice and service of the
process is:
NAME v. R. Damian, Jr.
STREET ADDRESS 17774 Preston Road, Dallas, TX 75252
(NOTE Date of Payment Bond must be date of Contract If Resident Agent Is not a
corporation, give a P�oWii name
PAYMENT BOND - Page 2
01 d 0/97999/ IR=01 ANVdW07 N0111r119N0) N00 bb I t / 1, t t no
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.
Vl�&tw INDEMNITY CORPORATION
4610 UNIVERSITY AVENUE SUITE 1400 MADISON WISCONSIN 537050900
PLEASE ADDRESS REPLY TO PO BOX 5900 MADISON WI 53705 0900
PHONE (608) 231 4450 • FAX (608) 231 2029
POWER OF ATTORNEY
No 444151
IC OW. f�ll,trt�n t ' pe I `Ils'ontS, Tfgat the CAPITOL. INDEMNITY CORPORATION, a corporation
of the State of Wis rneln, having it in IpaI offloescin the Clty of Madison, Wisconsin, does make, constitute and appoint
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Ki1 %#Y z: AAA t $F HAREK, SUERRI L SCHRAER --- ..•......
Its true and lawful, tt W yln-f*'to friakgjx,e eo to se4l,and deliver for and on its behalf, as surety, and as its act
and deed, any and alt t��s" f�dbrkakings-end Ira s of suretyship, provided that no bond or undertaking or contract
of suretyship ax�cf to�r:Z$ is aathtrrlty shape15 drain vount the sum of
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Nor To wE'45,000,000 00 .... r«.................. , .,...........«.
This Power me gtarttecl�ttdrrs d e �Ied byy facsimile under and by the authority of the following
Resolution adgpte�b e 1ltii of f�Veulors��OLII�DEMNITY CORPORATION at a meeting duly called and
field On the &th dad 0011YA"o
gESOIv�[I, € 3 the Prasld nt and Nice mWent, tgj;Seor@tary or Treasurer, acting individually or otherwise, be and theyy hereby are granted
the power and al thprt �Id appp by atpower of ti�ttordt fie She putpoaes only of exacut ng and attesting bands and undertekinnggs and other
writings obligatory m ti{e�nature tfiereaf, one or mpifr resldAnftnpa:pprbsideflts assistant secretaries and attorney(s) In fact each appafnteo to have
the powers and dpheof such officers and seal of the Company may be affixed
,to any such power ot�msy ii{ to an dertitl¢a .prat ting heroto by faaslrptle, and an such power of attorney or certlfioate beanng such sigfacnatures
and
signatures or facsimd l shaf444 I{c4arrltl bfn h9 opEsr� Company, and any sucX pawar so executed and certibad by faciling obligatory
i she
facsimile seashell be`ly d and 1'Z1�g upop th's rompa�ih�4future wnh reapact to any pond or undertaking or 9they Wotan obligatory m the
nature thereo to which Itirl ahsd ny such apppltftment �y btrre ed, fpr cause or without pause, by any of said officers, at any time
IN WITN s to be signed by
its officer undersis�Gt andtstflorpgrete leaf torb tleretQ affixed duly attested by its Secretary, this 1st day of June, 1993
CAPITOL INDEMNITY COtPORATION
Attest, r i it
0i + 'QAI t;• o POr �
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*In Sehilitte, See, ttr$, n i Ata a+ax Faa,Pxosldent
SiA4E OFWISC�i� x v
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SWorn� did s '° 8 rqs sr Ili ¢Gaon ,Dane, State of Wisconsin, that �teIs the Ptesident of
CAPITOL. �,� 6 ,?t �sff 01, In and which executed the abdYe ttstrument, that
he,kPows t es' a tt� Eh aid aid instruMent iq supfi carp se ; that it was so
ffix *96rder , tr Rir tgt °q d that t*`&igned ifs name thereto by, like o der,
'�x�,` w7 r 'SI3 �
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YCC}41t f Y OF � 'r ` t�; ,y ; Notary P ltc, Cn4 1
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COO�the ufld r 0; �fi et below, nfi the incumb tin AfTCI, lNfSEMNITY
R TIO�%t& `r��r �d toe tfiitfweertlfte, C1?$hl RY CI IF thhat the foregoing
attaot d over frlafitta in fI %rctQ t1d not been revoked; and ful" ermore that the i 'esolution of the
EoW of Cf �s 4r the3P"or�of,A r�(1t ng rini force
igned and drAt t r Y to M'a�son�� the day of 19 ��
g` .Wma. k 6i'VW' '+ e PaUi� Bra oust
r Treasurer
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This pt$Or Is va Pit ft t all 4, 0""y ih jtnt tttu+t3n p uppar right hind comer appears in red Photocopies, aarbpn copies or
other repro`ductipns ti4ti ro d �4 the amp, , tnG�(fbs donaerhthg�this power of attorney may be directed fo`the Bond Manager at the Noma
'" ,Office of the Capltol I � A eraltron
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
AAAW360
REVISED 10/12/94 Cl - 1
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
• • 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
• 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.
AAA00350
REVI8E0 10/14/84 Cl - 2
Insurance Requirements
Page 3
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) A. 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 coverage
• Coverage B shall include personal injury
• Coverage C, medical payments, is not 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 (XCLI) exposures
• Broad form contractual liability (preferably by endorsement)
covering this contract, personal injury liability and broad form
property damage liability.
AAA003W
IONISED 10114/94 CI - 3
Insurance Requirements
Page 4
lid Automobile Liability Insurance:
Contractor shall provide Commercial Automobile Liability insurance with
Combined Single Limits (CSL) of not less than 300,000 either in a single
policy or in a combination of basic and umbrella or excess policies. The policy
will include bodily injury and property damage liability arising out of the
operation, maintenance and use of all automobiles and mobile equipment used
In conjunction with this contract.
Satisfaction of the above requirement shall be in the form of a policy
endorsement for:
• any auto, or
• all owned, hired and non -owned autos.
(A 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 wawa all rights of subrogation against the City,
Its officials, agents, employees and volunteers for any work performed for the
City by the Named Insured For building or construction projects, the
Contractor shall comply with the provisions of Attachment 1 In accordance
with §406.096 of the Texas Labor Code and rule 28TAC 110.110 of the Texas
Worker's Compensation Commission (TWCC).
[ ] Owner's and Contractor's Protective Liability Insurance
The Contractor shall obtain, pay for and maintain at all times during the
prosecution of the work under this contract, an Owner's and Contractor's
Protective Liability insurance policy naming the City as insured for property
damage and bodily Injury which may arise in the prosecution of the work or
contractor's operations under this contract. Coverage shall be on an
AAA00350
REVISED 10/12/94 CI - 4
Insurance Requirements
Page 5
"occurrence" basis, and the policy shall be issued by the same insurance
company that carries the contractor's liability insurance. Policy limits will be
at least combined bodily Injury and property damage per
occurrence with a aggregate.
[ 1 Fire Damage Legal Liability Insurance
Coverage is required if Broad form General Liability is not provided or is
unavailable to the contractor or If a contractor leases or rents a portion of a
City building. Limits of not less than each occurrence are required
[ 1 Professional Liability Insurance
Professional liability Insurance with limits not less than per claim
with respect to negligent acts, errors or omissions in connection with
professional services is required under this Agreement
[14 Builders' Risk Insurance
Builders' Risk Insurance, on an All -Risk form for 100% of the completed value
shall be provided. Such policy shall include as "Named Insured" the City of
Denton and all subcontractors as their interests may appear
[ 1 Additional Insurance
Other insurance may be required on an individual basis for extra hazardous
contracts and specific service agreements If such additional insurance is
required for a specific contract, that requirement will be described in the
"Specific Conditions" of the contract specifications
AAA00350
REVISED 10/12/94 CI - 5
Insurance Requirements
Page 6
ATTACHMENT 1
[14 Worker's Compensation Coverage for Building or Construction Projects for
Governmental Entities
A. Definitions:
Certificate of coverage ("certificate ") -A copy of a certificate of Insurance,
a certificate of authority to self -insure 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 entity'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's work on the project has been
completed and accepted by the governmental entity
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. This Includes, without limitation,
Independent contractors, subcontractors, leasing companies, motor
carriers, owner -operators, employees of any such entity, or employees of
any entity which furnishes persons to provide services on the project
"Services" Include, without limitation, providing, hauling, or delivering
equipment or materials, or providing labor, transportation, or other service
related to a project. "Services" does not Include activities unrelated to the
project, such as food/beverage vendors, office supply deliveries, and
delivery of portable toilets.
B. The contractor shall provide coverage, based on proper reporting of
classification codes and payroll amounts and filing 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
AAA00350
REVISED 10/12/84 Cl - 6
Insurance Requirements
Page 7
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 and of the coverage period, file a new certificate of coverage with
the governmental entity showing that coverage has been extended.
E. The contractor shall obtain from each person providing services on a
project, and provide to the governmental entity:
(1) a certificate of coverage, prior to that person beginning work on the
project, so the governmental entity will have on file certificates of
coverage showing coverage for all persons providing services on the
project; and
(2) no later than seven days after receipt by the contractor, a new
certificate of coverage showing extension of coverage, if the coverage
period shown on the current certificate of coverage ends during the
duration of the project
F. The contractor shall retain all required certificates of coverage for the
duration of the project and for one year thereafter.
G. The contractor shall notify the governmental entity in writing by certified
mad or personal delivery, within 10 days after the contractor knew or
should have known, of any change that materially affects the provision of
coverage of any person providing services on the project.
H. The contractor shall post on each project site a notice, in the text, form and
manner prescribed by the Texas Workers' Compensation Commission,
Informing all persons providing services on the project that they are
required to be covered, and stating how a person may verify coverage and
report lack of coverage.
AAAW350
REVISED 10112104 Cl - 7
Insurance Requirements
Page 8
I. The contractor shall contractually require each person with whom it
contracts to provide services on a project, to:
(1) provide coverage, based on proper reporting of classification codes
and payroll amounts and filing of any coverage agreements, which
meets the statutory requirements of Texas Labor Code, Section
401.011(44) for all of its employees providing 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 providing services on the
project, for the duration of the project;
(3) provide the contractor, prior to the end of the coverage period, anew
certificate of coverage showing extension of coverage, If 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 provide to
the contractor:
(a) a certificate of coverage, prior to the other person beginning
work on the project; and
(b) a new certificate of coverage showing extension of coverage,
prior to the end of the coverage period, If the coverage 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 in writing by certified mail or personal
delivery, within 10 days after the person knew or should have known,
of any change that materially affects the provision of coverage of any
person providing services on the project, and
nnnooa50
REVISED 10/12/04 Cl - 8
Insurance Requirements
Page 9
(7) contractually require each person with whom 1t contracts, to perform
as required by paragraphs (1) - (7), with the certificates of coverage
to be provided to the person for whom they are providing services.
J. By signing 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 will be based on proper reporting of classification
codes and payroll amounts, and that all coverage agreements will be filed
with the appropriate insurance carrier or, in the case of a self -insured, with
the commission's Division of Self -Insurance Regulation. Providing false or
misleading Information may subject the contractor to administrative
penalties, criminal penalties, civil penalties, or other civil actions
K. The contractor's failure to comply with any of these provisions is a breach
of contract by the contractor which entitles the governmental entity to
declare the contract void If the contractor does not remedy the breach
within ten days after receipt of notice of breach from the governmental
entity.
AAA00350
REVISED 1011M Cl - 9
TOTAL $ID PRICE IN
'JGnC_Z
In the event of the award of a contract to the undersigned, the undersigned will furnish a
performance bond and a payment bond for the full amount of the contract, to secure proper
compliance with the terms and provisions of the contract, to insure and guarantee the work until
final acceptance, and to guarantee the work until final completion and acceptance, and to
guarantee payment for all lawful claims for labor performed and materials furnished in the
fulfillment of the contract
It is understood that the work proposed to be done shall be accepted when fully completed and
finished in the fullfillment of the contract
The undersigned certifies that the bid prices contained in this proposal have been carefully
checked and are submitted as correct and final
Unit and lump -sum prices as shown for each item listed in tlus proposal, shall control over
extensions
Street Address
City and State
Seal & Authorization
(If a Corporation)
ephcne
lS
BID SUMMARY CONTINUED
Contractor will complete necessary inspections to obtain FHA -approval on the units Contractor
will provide a one-year warranty The warranty period will begin upon the date of initial
occupancy by the home buyer Warranty documentation will be submitted to the Community
Development Office before acceptance of the project and final contract payment
Please state your total bid for each unit below
Lot # 1, Plan # 122577 NE 1
Lot # 2, Plan # TC 1229 NE
Work Days Bid
75
75
Lot # 2, Optional Plan # KD 1008 SW 75 s �i���
PLEASE NOTE CHANGES ATTACHED TO PLAN DOCUMENTS.
EM
BID TABULATION SHEET
PLAN # 122577 NE 1, for Lot #1
ITEM
� ka ,o miiioN
COST
1
site preparation
$ e-
2
erosion control
$ Q`—'-
3
plumbing rough -in
$ �-
4
plumbing stack -out
$ e
5
installation of utilities
$ 4.<k"
6
foundation
$ Q
7
framing
$ es-
8
roof
$ 41
9
electrical rough -in
$
10
insulation
$ den
11
electrical fixtures
$ 4�=
12
sheetrock
$
13
exterior
g 6 00
14
finish/texture
$
15
doors and windows
$'
16
appliances
$ 2d-
17
cabinetry
$"
18
floor covering
$ p�
19
HVAC
$ �g
20
plumbing fixtures
$ hr'
21
driveway and approach r Sic%wa/.G
$
22
landscaping
$ 2=
TOTAL
$ �S 6
P-3
BID TABULATION SHEET
PLAN229 NE, for Lot #2
N > , I �
,, ,
COST
site preparation
$
c
1
S
2
erosion control
$
3
plumbing rough -in
$
Qv-
4
plumbing stack -out
$
txL-
5
installation of utilities
$
Cie
/
6
foundation
$
7
framing
$
ems_
8
roof
$
c
9
electrical rough -in
$
t
Z
10
insulation
$
tZr�
11
electrical fixtures
$
12
sheetrock
$
13
exterior
$
pU _
14
fimsh/texture
$
/Z
15
doors and windows
$
S
16
appliances
$
00_
17
cabinetry
$
42v—
18
floor covering
$
9
e32
19
HVAC
$
RQ
20
plumbing fixtures
$
c�
21
driveway and approach �-
s. c�c e• •• /,tr
$
22
landscaping
$
r
TMAL
P-4
BID TABULATION SHEET
PLAN # KD.1008.SW (Optional Bid for Lot # 2)
nim
' �jkjWTION
COST
1
site preparation
$ 4z
2
erosion control
$
3
plumbing rough -in
$ oS
4
plumbing stack -out
$
5
installation of utilities
$ Q=
6
foundation
$
7
framing
$
8
roof
$
9
electrical rough -in
$
10
insulation
$
11
electrical fixtures
$ ,X— Q�
12
sheet rock
$ dM'
13
exterior
$ dell
14
fimsh/texture
$
15
doors and windows
$ �'
16
appliances
$ O Q2'
17
cabinetry
$ 4w,
18
floor covering
$ 432-
19
HVAC
$ t _
20
plumbing fixtures
$
21
driveway and approach r rude '/'ei
$
22
landscaping
$
TOTAL
P-5
AUG 15'97(FRI) 08 51 RAMEY & KING TEL 1 940 243 1050 P 002
RAMEY & KING INSURANCE
SW S. WE. Bulls A
Carl o" TX 742W7BSB
D B R COMMlollan Co has
Don Rlohwde
P O Boa ita
Denton TX "M
EXCLUSIONS AND CONOTR�N9 OF SUCH
TYPE OF NaiRmo
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1 Tnls CENTIRCATE IS ISSUED AS A MATTER OF INFORMATION
CONFERS NO RIGHTS UPON THE CWITIFICA78 HOLDER. THIS I
DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFOR
POLICIES BELOW
COMPANIES AFFORDING COVERAGE
iCOMPANY LA
Scottsdale klweeTlea Co.
m B
Trinity Unlveraal of KS
(
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Taxes Welk
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Camp Ins Fund
CQMPw Lffrlm D
Assurance Co. of Amrks
CDIPANY
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INSURANCE LISTED BUM HAVE SEW ISSUED TO THE INSURED NAMED ABOVE FOR THE POLIOY P91oo
EMEJT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
UN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
LJCWS UMfIII SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
POLICY NUN ISA POLICY BTAROTNE RkDY EXPIIIATIDN I OATS 00100" DATE OEA wq i Lame
CLO40M aalom Dsom I GENERAL A(IMMAATE Is
iRIOmmu-cOAPIOP AOa
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titer( Aa-v Q -p SY¢ e
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LI. MT to No ar Y BB Addltlorol I p POEpaeTs oenBl L N c
LhIJ11M. .,.,A A.ww 1IwAlllr-
City of Denton
BDi)B Teroe Street
Dentin TX
sTATUTOIIY LNITB
i
I
1144H ACCOUNT
?
is
DBBAS - POLICY LIMIT
is
De m - EACH EXtOYue
is
10T ROBERT'SON
M ROBERTSON
1000000
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am=
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EXCLUDED
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....... .., ..m....o ��:-.,-nr�:,�..>....+.• Iln �»w.xa>..s:sarc.:: �:::iwe:t9+xSiX41..",m 1R�X
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF THE ISSUING COMPANY WILL ENDEAVOR TO
MAIL 80 DAYS WRRTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
CI, LEFT BUT FAILURE TO MAIL SUCH NOTICE BNALL IMPOSE NO OBLIGATION OR
79M ff_UABIUTV OF ANY FIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES