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Home My WebLink About1996-027ORDINANCE NO "l lR - dal % 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 :_K • 1 1846 DBR CONSTRUCTION $66,425 00 SECTION _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 IY 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-/ That this ordinance shall become effective immediately upon its passage and approval __ PASSED AND APPROVED this the 11 W� day of 1996 cjp;;�yw'! ATTEST JENNIFER WALTERS, CITY SECRETARY BY �11� APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY CONTRACT DOC DATE FEBRUARY 6, 1996 TO Mayor and Members of the City Council FROM Rick Svehla, Acting City Manager SUBJECT BID # 1846 - RENOVATIONS AND REPAIRS TO FRED MOORE NURSERY SCHOOL PHASE II RECOMMENDATION. We recommend this bid be awarded to the lowest responsible bidder, DBR Construction, in the amount of $66,425 00 for the base bid only We also recommend that due to funding availability no alternate be awarded at this time S MMARY. This bid is for necessary renovations and repairs to the Fred Moore Nursery School and include exterior cleaning, fences, carpet, wall repair, suspended ceilings, counter tops, bookcases, doors and frames, windows, kitchen equipment, plumbing and electrical repairs, new lighting, and miscellaneous earthwork BACKGROIIND. Tabulation Sheet PROGRAMS, DEPARTMENTS OR GRO T�S_AFFECTED. Community Development Block Grant (CDBG Division), participants in the Fred Moore Day Nursery program FISCAL IMPACT: This project will be funded from Community Development Block Grant Funds Respectfully submitted 4464&— Acting City Manager Approved Name Tom D Shaw, C P M Title Purchasing Agent 688 AGENDA BID # 1846 — BID NAME RENOVATION 8, REPAIRS TO FRED MOORE NURSERY SCHOOL -PHASE 2 OPEN DATE JANUARY 9,1996 # QUANTITY dEa IPTINN — SOUTHWEST IND CONST VENDOR_ — DBR CONST INC VL°NDpR_ VENDOR VENDOR _ _ VEN �_ BASE BID $69,000 00 $66,426 00 CONTINGENCY $15,000 $16,000 00 $15,000 00 ICI TOTAL BID $84,000 00 $81,425 00 ALT # DESCRIPTION 1 NEW DUTCH DOORS $4,200 00 $2,983 00 2 MASONRY RESTORATION $2,700 00 $1,600 00 3 KITCHEN EQUIPMENT $41,000 00 $46,000 00 4 ALUM WINDOWS $1,400 00 $2,100 00 5 LAWN IRRIGATION $5,200 00 $10,500 00 6 EXTERIOR DRINKING $3,100 00 $6,376 00 FOUNTAIN COMPLETION 90 CAL. DAYS 150 CAL DAYS BID BOND YES YES i OCR 1 STATE OF TEXAS COUNTY OF DENTON CONTRACT AGREEMENT F-1 THIS AGREEMENT, made and entered into this FEBRUARY A.D., 1996 , by and between CITY OF DENTON day of of the County of DENTON and State of Texas, acting through RICK SVEHLA thereunto duly authorized so to do, hereinafter termed "OWNER," and DBR CONSTRUCTION _ DENTON TEXAS 76202 of the City of DENTON , County of DENTON and State of TEXAS , hereinafter termed "CONTRACTOR." WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by OWNER, and under the conditions expressed in the bonds attached hereto, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified below: BID # 1846 - RENOVATIONS AND REPAIRS TO FRED MOORE NURSERY SCHOOL PHASE II in the amount of S66 425 00 and all extra work in connection therewith, under the terms as stated in the General Conditions of the agreement; and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the work specified above, in accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), Instructions to Bidders, and the Performance and Payment Bonds, all attached hereto, and in accordance with the plans, which includes all maps, plats, CA - 1 blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by all of which are made a part hereof and collectively evidence and constitute the entire contract. Independent Status it is mutually understood and agreed by and between City and Contractor that Contractor is an independent contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas, for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, 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 specifications at the general direction of the City Manager of the City of Denton, Texas, or his designee under this agreement. Indemnification Contractor shall and does hereby agree to indemnify and hold harmless the City of Denton from any and all damages, loss, or liability of any kind whatsoever, by reason of injury to property or third persons occasioned by any error, omission or negligent act of Contractor, its officers, agents, employees, invitees, and other persons for whom it is legally liable, with regard to the performance of this Agreement, and Contractor will, at its cost and expense, defend and protect the City of Denton against any and all such claims and demands. Choice of Law and Venue This agreement shall be governed by the law of the State of Texas and venue for its construction and enforcement shall lie in the courts of Denton County, Texas. The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in written notice to commence work and complete all work within the time stated in the Proposal, subject to such extensions of time as are provided by the General and Special Conditions. The OWNER agrees to pay the CONTRACTOR price or prices shown in the Proposal, which contract, such payments to be subject to the Conditions of the Contract. CA - 2 in current funds the forms a part of this General and Special IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. ATTEST: AR ,;11 / • 1i / !, L 99 APPROVED AS TO FORM: City Attorney i J. • u�• OWNER Bv DBR CONSTRUCTION CONTRACTOR r�I IWOZ ADDRESSMAILING // 97 AAA0184D Rev. 07/28/94 CA — 3 PHONE NUMBER 11) 51p4o ZIP70 FAX NUMBER (SEAL) PERFORMANCE BOND BOND PREMIUM BASED ON STATE 'OF T$XA8 S FINAL CONTRACT PRICE BOND NO. 597392 COUNTY OF DENTON S KNOW ALL MEN BY THESE PRESENTS: That DUR CONSTRUCTION CO.. INC. , of the City of _ DMME County of Doi , and State of _ TRRAS as PRINCIPAL, and CAPITOL INDEMNITY CORPORATION , as SURETY, authorized under the laws of the State of Texas to act as surety on bonds for principals, at& held and firmly bound unto the CITY OF DRNTOK as OWNER, in the penal sum of:Ty 4Rif1R ann mm WhMRRn nVF.MTy PTVR and no/100-- -- Dollars ($ 66,425_C0 _ ) for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the OWNER, dated the 6 day of MRUARY , 19 96 , for the construction of BID i 1846- RENOVATIONS AND REPAIRS TO FM HOOPS NURSERY SCHOOL PRASE II which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, the condition of this obligation is such, that if the said principal shall faithfully perform said Contract and shall in all respects, conditions and agreements in and by said contract agreed and covenanted by the Principal to be observed and performed, and according to the true intent and meaning of said Contract and the Plans and specifications hereto annexed, then this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of the Texas Government code, Chapter 2253 (Vernon, as currently amended), and all liabilities on this bond shall be determined in accordance with said provisions to the same extent as if they were copied at length herein. PD - 1 PROVIDED FURTHER, that if any legal action be filled upon this bond, venue shall lie in Denton county, State of Texas. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the Mork performed thereunder, or the planar specifications, or drawings accompanying the same, shall in any way affect its obligation on this bond, and it does hereby waive notice of any ouch change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 19 96 . Address: P 0. sox 828 Denton Texas 76202 (SEAL) 12th day of February r CAPITOL INDEMNITY CORPORATION Surety Ka K y acharek Title Attorney-iu-Fact Address: P 0. sox 5900 Madison Wisconsin 53705-0900 (SEAL) The name and address of the Resident Agent of Surety is: V R. Damiano Jr 17774 Preston Road, Dallas, Texas 75252 NOTE: Date of Bond must not be prior to date of Contract. AAAO160 Rev. 07/28/94 PB - 2 PAYMENT BOND BOND PREMIUM BASED ON FINAL CONTRACT PRICE STATE OF TEXAS S BOND NO. 597392 COUNTY OF DENTON S KNOW ALL MEN BY THESE PRESENTS: That BE WNSTRUCTIOr Co.. INC. of the city of DENTON County of pw= , and the State of 1x-xns , as principal, and CAPITOL INDEMNITY CORPORATION authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto THE CITY OF DENTON , OWNER, in the penal sum of no/10 apt n c* cTy rNnngwn vnm mmnuxn -gma v Frye n 011ars far the payment whereof, the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the owner, dated the _ 6 day of ran ART 19_ 96 . BID ! 1846-RENOVATIONS AND RFPATRS TO FRED NoORE NURSERY KHOOL ptth-sE II to which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then this obligation shall be void, otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of the Texas Government Code, Chapter 2253 (Vernon, as currently amended), and all liabilities on this bond shall be determined in accordance with said provisions to the same extent as if they were copied at length herein. PB-3 Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in any way affeot 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 gontract, or to the work to be performed thereunder, IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 12th day of February 19 96 DBR CONSTRUCTION CO., INC Prinoipa Sy Dan hards Title President Address: P 0 Box 828 Denton, Texas 76202 (SEAL) CAPITOL INDEMNITY CORPORATION Surety X.4 e lj�- �_�th�Zacharek Title Attorney-in-r^^act Address: P.0 Box 5900 Madison, Wisconsin 53705-0900 (SEAL) The name and address of the Resident Agent of Surety is: V R Damiano, Jr. 17774 Preston Road, Dallas, Texas 75252 AM0184V ltrv. 07/26/94 PB-4 MAINTENANCE BOND THE STATE OF TEXAS $ BOND NO 597392 COUNTY OF DENTON $ KNOW ALL MEN BY THESE PRESENTS: That na& CONSTRUC XoU-QD. INC. as Principal, and CAPITOL INDEMNITY CORPORATION a corporation authorized to do business in the State of Texas, as Surety, do hereby acknowledge themselves to be held and bound to pay unto the City of Denton, a MunioipAl Corporation of the Stato of Texas, its successors and assigns, at Denton, Denton County, Texas, the sum of, six TuoosAND eL arignm r y TNO andsnlinn--- Dollars ($ 6,642.50 ), ten (10%) percent of the total amount of the, contract for the payment of which sum said principal and surety do hereby bind themselves, their successors and assigns, jointly and severally. This obligation is conditioned, however, that: WHEREAS, said DBR CONSTRUCTION has this day entered into a written contract with the said City of Denton to build and construct which contract and the plans and specifications therein mentioned, adopted by the City of Denton, are filed with the City Secretary of said City and are hereby expressly incorporated herein by reference and made a part hereof as though the same were written and set out in full herein, and; WHEREAS, under the said plans, specifications, and contract, it is provided that the Contractor will maintain and keep in good repair the work therein contracted to be done and performed for a period of one (1) year from the date of acceptance thereof and do all necessary backfilling that may become necessary in connection therewith and do all necessary work toward the repair of any defective condition growing out of or arising from the improper construction of the improvements contemplated by said contractor on constructing the same or on account of improper excavation or backtilling, it being understood that the purpose of this section is to cover all defective conditions arising by reason of defective materials, work, or labor performed by said Contractor, and in case the said Contractor shall fail to repair, reconstruct or maintain said improvements it is agreed that the City may do said work in MB - I accordance with said Contract and supply such materials and charge the same against the said Contractor and its surety on this obligation, and said contractor and surety shall be subject to the damages in said contract for each days failure on the part of said Contractor to comply with the terms and provisions of said contract and this bond. NOW, THEREFORE, if the said Contractor shall perform its agreement to maintain said construction and keep same in repair for the maintenance period of one (i) year, as herein and said contract provided, than these presents shall be null and void and have no further effect; otherwise, to remain in full force and effect. It is further agreed that this obligation shall be a continuing one against the Principal and Surety and that successive recoveries may be had hereon for successive breaches of the conditions herein provided until the full amount of this bond shall have been exhausted, and it is further understood that the obligation to maintain said work shall continue throughout said maintenance period, and the same shall not be changed, diminished, or in any manner affected from any cause during said time. IN WITNESS WHEREOF, the said DBR CONSTRUCTION CO , INC as Contractor and Principal, has caused these presents to be executed by Don Richards resident and the said CAPITOL INDEMNITY CORPORATION as surety, has caused these presents to be executed by its Attorney -in -Fact Kathy R Zacharek and the said Attorney -in -Fact has hereunto set his hand this 12th day of February , 19 96 . SURETY: CAPITOL INDEMNITY CORPORATION EY:� Kathy R Zacharek Attorney -in -Fact PRINCIPAL: DBR CO TRUCT ;49�w�- C,,INC Don Richards President AmO1840 Rev 01/20/94 MD - 2 IMPORTANT NOTICE To obtain information or make a complaint: You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance: P. O. Box 149104 Austin, TX 78714-9104 FAX 1(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. �4 INDEMNITY CORPORATION 4610 UNIVERSITY AVENUE SUITE 1400 MADISON WISCONSIN 53705 0900 PLEASE ADDRESS REPLY 10 P O BOX 5900 MADISON WI 53705 0900 PHONE (608) 291 4490 1 Ax i606) 211 2029 POWER OF ATTORNEY No 381536 Know all men by these Presents, That the CAPITOL INDEMNITY CORPORATION, a corporation of the State of Wisconsin having its principal offices in the City of Madison Wisconsin does make constitute and appoint ---------------------V R DAMIANO, JR , JAMES V DAMIANO, SHANE A HUMPHREY ----------------------- --------------------CANDACE DAMIANO, KATHY R ZACHAREK OR KENNETH ZACHAREK ------------------ its true and lawful Attorney(s)-in-fact to make, execute seal and deliver for and on its behalf as surety, and as its act and deed, any and all bonds, undertakings and contracts of suretyship provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of --------------- ------ --------------NOTTO EXCEED $5,000,000 00--------------- ----------------------------- This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of CAPITOL INDEMNITY CORPORATION at a meeting duly called and held on the 5th day of May 1960 RESOLVED that the President and vice President the Secretary or Treasurer acting individually or otherwise be and they hereby are granted the power and authorization to appoint by a Power of Attorney for the purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof one or more resident vice presidents assistant secretaries and attorneys) in fact each appointee to have the powers and duties usual to such offices to the business of this company the signature of such officers and seal of the Company may be affixed to any such power of attorney or to any certificate relating thereto by facsimile and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and bmdmg upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking or other writing obligatory in the nature thereof to which it is attached Any such appointment may be revoked for cause or without cause by any of said officers at any time IN WITNESS WHEREOF, the CAPITOL INDEMNITY CORPORATION has caused these presents to be signed by its officer undersigned and its corporate seal to be hereto affixed duly attested by Its Secretary this 1 st day of June 1993 CAPITOL INDEMNITY CORPORATION Attest �� VAA�VA,�IIIIIIhIU//�//p�pi // 9L C Virgiline M Schulte Secretary CORPORATE y c Ceor A Fan President SEAL C STATE OF WISCONSIN l COUNTY OF DANE 1 On the 1 st day of June, A D , 1993 before me personally came George A Fait, to me known, who being by me duly sworn, did depose and say that he CAPITOL INDEMNITY CORPORATION, idthe corporation described Dane,es in the County of and ewhich executed the above of Wisconsin, that he is instrument st uPresident mennt that he knows the seal of the said corporation, that the seal affixed to said instrument is such corporate seal, that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order wApplhltlllwllltl/fir/r�r� STATE OF WISCONSIN a * E *= Peter E Hans HANS COUNTY OF DANE Notary Public, Dane Co wl '��iri/irggrrlllpptP\\\\\`\\ My Commission is Permanent CERTIFICATE I the undersigned duly elected to the office stated below, now the incumbent in CAPITOL INDEMNITY CORPORATION a Wisconsin Corporation authorized to make this certificate, DO HEREBY CERTIFY that the foregoing attached Power of Attorney remains in full force and has not been revoked and furthermore that the Resolution of the Board of Directors set forth in the Power of Attorney is now in force Signed and sealed at the City of Madison Dated the, �\pU12th day of February % 19 96 HWmu//49�// er Treasurer 3��rrrrrr///I1111111111AAPAAvvv�� This powrr is valid only if the power of attorney number pnni(d in the upper right Ingrid corner appears in rid Photocopies carbon copies or other reproduofions are not binding on the company Inquiries concerning this power of alooley may hr duecled to the Bond Managt r at the Hon( Offmc of the ( apitol Indemnity Corporation 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 fads 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 AFF00AAI REVISED 10112/94 295 INSURANCE-1 FRED MOORE CHILD CARE 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(3O) 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 AFFOOBAI REVISED 10112/94 2-95 INSURANCE 2 FRED MOORE CHILD CARE teanN ru�,.pmluPi nX{IIUMM01lINr - W" W'7, _ 17 I 1 1 - OWN n I 1 , 1, tl,,W11° 11. 1 i � "NN 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 _ $1 rioo.000shall 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 AFFOOBAI REVISED 10112194 2.95 INSURANCE - 3 FRED MOORE CHILD CARE Insurance Requirements Page 4 Ix] Automobile Liability Insurance - Contractor shall provide Commercial Automobile Liability Insurance with Combined Single Limits (CSL) of not less than s5oo,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 []l Workers Compensation Insurance Contractor shall purchase and maintain Worker's Compensation insurance which, in addition to meeting the minimum statutory requirements for issuance of such insurance, has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 policy limit for occupational disease The City need not be named as an "Additional Insured" but the insurer shall agree to waive all rights of subrogation against the City, its officials, agents, employees and volunteers for any work performed for the City by the Named Insured 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) I I 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 AFFOOEAI REVISED 10/12/94 2-95 INSURANCE 4 FRED MOORE CHILD CARE 11 1 HIPPO I RMUMt Mtl � I@Ir, F ��iil7�� -A' 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 [ I 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 [ I 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 [ I 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 [ I 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 AFFOOEAI REVISED 10/12/94 2-95 INSURANCE - 5 FRED MOORE CHILD CARE Insurance Requirements Page 6 ATTACHMENT [x] Worker's Compensation Coverage for Budding or Construction Projects for Governmental Entitles 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 01 1(44) for all employees of the contractor providing services on the project, for the duration of the project AFF008AI REVISED 10/12/94 2-95 INSURANCE 6 FRED MOORE CHILD CARE i I I I 1114 .l III i I 1 t "lip 04 I'm I � I 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 end 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 mall 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 AFFBBBAI REVISED 10/12/94 , 2-96 INSURANCE - 7 FRED MOORE CHILD CARE Insurance Requirements Page 8 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 01 1(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, 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, (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 AFFWBAI REVISED 10/12/94 2-95 INSURANCE-8 FRED MOORE CHILD CARE Insurance Requirements Page 9 (7) contractually require each person with whom it 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 AFFODRAI REVISED 10/12/94 2-95 INSURANCE - 9 FRED M90RE CHILD CARE BID FOR LUMP SUM CONTRACT ProposalofDBR CONSTRUCTION COMPANYr INC. P.O BOX 828 DENTON TEXAS 76202 (hereinafter called "Bidder'), *a corporation, organized and existing under the laws of the State of Texas, *a partnership or *an Individual doing business as TO CITY OF DENTON PURCHASING DEPARTMENT ATTN TOM SHAW 901-B TEXAS ST DENTON, TEXAS 76201 Gentlemen The undersigned, In compliance with your Invitation for bids for the RENOVATIONS AND REPAIRS TO FRED MOORE NURSERY SCHOOL PHASE TWO, 821 CROSS TIMBERS, DENTON, TEXAS, having examined the drawings and specifications with related documents and the site of the proposed work, and being familiar with all of the conditions surrounding the construction of the proposed work, hereby proposes to furnish all labor, material, equipments, and supplies and to construct the project in accordance with the Contract Documents, and at the price set forth below These prices are to cover all expenses incurred in performing the work required under the Contract Documents of which this proposal is a part ADDENDA The Bidder further agrees, and acknowledges, the following Addenda have been received and that the entire contents thereof have been incorporated into this Proposal No, dated No dated No dated No dated 10 95 PROPOSAL FORM 1 FRED MOORE CHILD CARE PHASE 2 Bidder agrees to perform all of the work described In the specifications and shown on the drawings except for the bid items listed below for the sum of _Fi�L �%*— 2!249� ($ J Includes all costs associated with the substituting of the existing wood dutch doors and the Installation of new wood dutch d ors as described in the specifications and shown on the drawings for the sum Includes all costs associated with providing the Exterior Masonry Restora ion as described In the specifications and shown on the drawings for the sum of — T vsw v d ALTERNATE BID ITEM NO 3 Includes all costs associated with providing and installing the Kitchen equipment as described in the specifications and shown on the drawings for the sum of l-5 Jarley O ($ 0& _) .. ALTERNATE BID ITEM NO 4 Includes all costs associated with providing and installing the Aluminum wi dow screens 5t each operable sash as shown on the drawings for the sum of �__��6vXo A o/ 10 95 PROPOSAL FORM - 2 FRED MOORE CHILD CARE PHASE 2 Includes all costs associated with providi g and installing the lawn irrigation system as shown on the drawings for the sum of T��, �Qj�,s loop d ($42 �C/C/• �/ k'M VIRLgillm4n. • Includes all costs associated with providing and installing the Exterior Drinking Fountain, in ground valve box and associated plumbing as shown on the drawings for the sum of ($ _s- 3 76_ ov .. Amount shall be shown in both words and figures In case of discrepancy, the amount shown in words will govern CASH ALLOWANCES The undersigned acknowledges the incorporation of cash allowances into this proposal as follows CASH ALLOWANCE --- ----- --- -- $ $15.000 00 The undersigned agrees to complete all of the work required in the Base Bid ready for the owner s acceptance, within /-1—p calendar days after the Notice to Proceed is given by the Owner, and as set forth In the Special Conditions, and fully realizing that the Contract will carry liquidated damage provisions 10 95 PROPOSAL FORM 3 FRED MOORE CHILD CARE PHASE 2 It is understood that this project is exempt from the State Sales Tax and the proposal amounts quoted herein do rat Include State of Texas Sales Tax The undersigned Bidder further agrees to the following conditions I An incomplete Proposal or one having additional information or other modifications inscribed thereon, may be cause for rejection of the entire Proposal 2 That, if accepted by the Owner, this Proposal becomes a part of the Contract Documents upon the signing of the Contract Agreement, and failing to comply with any part of this Proposal will be taken as failure for the Bidder to comply with the Contract Documents and will be just cause for rejection of the work 3 That the Owner reserves the right to reject any or all bids and waive Informalities and Irregularities or to accept any bid considered advantageous to him 4 That he, the Bidder, will not withdraw this Proposal for a period of thirty (30) days from the date hereof 5 This project to which the construction work covered by this contract pertains is being assisted by the United States of America and the Federal Labor Standards Provisions which are included in this Contract pursuant to the provisions applicable to such Federal assistance Respectfully submitted, DBR CONSTRUCTION COMPANY , INC. Bidder P.O. BOX 828 DENTON, TEXAS 76202 Addres orized Ofl+ecr DON RICHARDS PRESIDENT 1/9/96 Date 1095 PROPOSAL FORM 4 FRED MOORE CHILD CARE PHASE 2 Y ISSUE DATE (MMNONY) 02112196 wRODUCEA THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLOEIL THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE RAMEY & KING INSURANCE I POLICIES BELOW &V S I -ME, Suite A COMPANIES AFFORDING COVERAGE Denton TX 782057820 COMPANY LEM A Scottsdals lrlsunmm Co COMPANY B Trinity Universal of Kent INSURED D B R Construction Co Ina LETTER C Taxes Wont Comp Ina Fund Don Richards P O Box On COWAW D Denton YK TOM LEM COMPANY E i xN��I1VL�p�."..^ :: � �;u�N,��.v�drL a'a"�k'"y�„`r<., i^'x'�.°a¢"�z;'�`z :'t�L'� ��!°.�'?4� i��5f.i$..s "�"., `7i ^ `P"¢...' r aw ^z:: e;�.'.".xuhnhk i, `D"s ;t •� x'a �.. `L:'V$G � L'�.':wlc� THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TD THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REOUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER OWUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES UMRS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS TYPE OF INSURANCE POLICY NUMBED POLICDATE EM OEFFECTIVE LTE EXPIRATION (MMMDNYLein A GENERAL LJABLTiY CLSM150 06I0105 05 006 OENERAL AGGREGATE $ X COMMERCIAL GENERAL LMBILTTY CLAIMS MADE K OCCUR OWNERS S CONTRACTOR% RRar B AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCREDVLEO AUTOS X HIRED ALTOS X NON -OWNED AUTOS GARAGE UAGILITY EXCESS LIABI1m UNKIRELLA FORM OTHER THAN UMGPM A FORM WORKER S COMPENSATION C AND EMPLOYEIIS LUBL7IY OTHER $500 B.I. AND P D PRODUCTS-COMP,OP AEG $ DEDUCTIBLE PERSONAL L ADV AWRY S EACH OCCURRENCE f Prat DAMAGE (Any O'n ea) L MED EXPENSE (Ay Pea DOW)'$ , 4 TCA6413M 0 117M 04117/96 rQMONED SINGLE �$ LIMIT BODILY INJURY S (Par parmn) NO OWNED AUTOS BODILY 4"M (Pa, accdenB 1 SBP1007410 0107A6 DESCRIPTION OF OPf3UTgNSIL00A1%1NBNENICIEbSPECML REMS City of Denton, IIS Offlatets, Apgents, Elnplpyea and VOwnteara are shown as Additional Insured Under the Genafal LMblllry and Automobile Whlllry Woritets' Compensatian Policy covers Execu We ONlom only Sub* should Drovlde their own Walvr of Subroastian City of Denton Alin Purchasing Dept 215 E McKinney Denton PROPERTY DAMAGE s EACH OCCURRENCE S AGGREGATE 3 loom loom 500000 500000 50000 Excluded loom STATUTORY LIMITS 02/07/97 EACH ACCIDENT L 500000 DISEASE POLICY LIMIT s 500000 OLSEASE EACH EMPLOYES S 510nDB0 7 SHOULD ANY OF THE ABOVE DESCRIBED POUCIC3 BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE j LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBUGXnON OR $ LIABILITY OF ANY KIND UPON THE COMPANY ITS AGENTS OR REPRESENTATIVES TX 752D1 �P