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HomeMy WebLinkAbout2005-072ORDINANCE NO. V05- INA AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF A SINGLE FAMILY DWELLING AT 634 E. PRAIRIE STREET FOR THE CITY OF DENTON COMMUNITY DEVELOPMENT BLOCK GRANT DIVISION; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 3286-634 E. PRAIRIE STREET INFILL NEW CONSTRUCTION AWARDED TO DELTA ONE CONSTRUCTION IN THE AMOUNT OF $90,722). 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 1. That the following competitive bids for the construction of public works or improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids: BID NUMBER CONTRACTOR AMOUNT 3286 Delta One Construction $90,722 SECTION 2. 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 3. 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 4. 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 5. That this ordinance shall become effective immediately upon its passage and approval. f n PASSED AND APPROVED this the S� day of /[ .2005. cum &"k- EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: AJ APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 3-0RD-Bid 3286 t CONTRACT AGREEMENT STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT, made and entered into this 2nd day of March A.D., 2005, by and between City of Denton of the County of Denton and State of Texas, acting through Michael A. Conduff thereunto duly authorized so to do, hereinafter termed "OWNER," and Delta One Construction 3808 Calvert Lane Denton Texas 76208 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 #3286 - 634 E. Prairie St. Infill New Construction in the amount of $90,722.00 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 and the Performance and Payment Bonds, attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), and Instructions to Bidders, as referenced herein and on file in the office of the Purchasing Agent, and in accordance with the plans, which includes all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by: City of Denton Staff all of which are referenced herein and made a part hereof and collectively evidence and constitute the entire contract. CA - 1 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 covenants and agrees to and does hereby indemnify, hold harmless and defend, at its own expense, Owner, its officers, servants and employees, from and against any and all claims or suits for property loss or damage and/or personal injury, including death, to any and all persons, of whatsoever kind or character, whether real or asserted, arising out of the Work and services to be performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or invitees, whether or not caused, in whole or in part, by the alleged negligence of the officers, servants, employees, of the Owner. Contractor likewise covenants and agrees to, and does hereby, indemnify and hold harmless Owner during the performance of any of the terms and conditions of this Contract, whether arising out of in whole or in part, any and all alleged acts or omissions of officers, servants, or employees of Owner. The provisions of this paragraph are solely for the benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other person or entity. Choice of Law and Venue This agreement shall be governed by the law of the State of Texas and venue for its construction and enforcement shall lie in the courts of Denton County, Texas. The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in written notice to commence work and complete all work within the time stated in the Proposal, subject to such extensions of time as are provided by the General and Special Conditions. The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the Contract. CA-2 IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. ATTEST: %Ill�c APPROVED AS TO FORM: l /�l�/`�/i C�cX.c.�✓� CITY ATTO Y City of Denton OWNER BY: (SEAL) MAILING ADDRESS Q(0-36F--36Z-7 PHONE NUMBER FAX NUMBER BY: TITLE �e Jefe� (SEAL) CA-3 PERFORMANCE BOND STATE OF TEXAS § COUNTY OF DENTON § Bond No. 69866740 KNOW ALL MEN BY THESE PRESENTS: That Delta One Construction whose address is 3808 Caly ane Denton Texas 76208 hereinafter called Principal, and WESTERN SURETY COMPANY , a corporation organized and existing under the laws of the State of SOUTH DAKOTA 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, herein �er called Owner, in the naI sum of Ninety thousand seven hundred twenty-two and no cents, --'DOLLARS ($90.722.00�us ten percent of the stated penal sum as an additional sum of money representing additional court expenses, attorneys' fees, and liquidated damages arising 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 severally, firmly by these presents. This 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 OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain Contract, identified by Ordinance Limber 2005-072, with the City of Denton, the Owner, dated the 2nd day of March A.D. 2005 ,, a copy of which is hereto ttached and made a part hereof, for Bid # 3286 - 634 E. Prairie St. hifrll New 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 defects 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. 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 hereunder, 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 hereunder, 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 herein as the Resident Agent in Denton 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 7.19- 1 of the Insurance Code, Vernon'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 2°a day of March 2005 ✓ ATTEST: M SECRETARY Delta One Construction Services SURETY ATTORNEY-ROCACT Sherry L. The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is: NAME: Lord & Conpany Ins. Agents, Inc. STREET ADDRESS: P.O. Box 946, Denton, TX 76202-0946 (NOTE: Date of Performance Bond must be date of Contract. If Resident Agent is not a corporation, give a person's name.) PAYMENT BOND STATE OF TEXAS § COUNTY OF DENTON § Bond No. 69866740 KNOW ALL MEN BY THESE PRESENTS: That Delta One Construction✓ , whose address is 3808 CalvertLane, Denton Texas 76208 , hereinafter called Principal, and WESTERN SURETY COMPANY-", a corporation organized and existing under the laws of the State of SOUTH DAKOTA , 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, and unto all persons, firms, and corporations who may furnish materials for, or perform labor upon, the building or improvements herein er referred to, in the pe aI sum of Ninety thousand seven hundred twenty- two and no cents OLLARS (90 722.00awful 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 severally, firmly by these presents. This 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 OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain Contract, identified by Ordinance Number 2005-072, with the City of Denton, the Owner, dated the 2nd day of March A.D. 2005✓a copy of which is heret attached and made a part hereof, for Bid #3286 - 634 E. Prairie St. Infill New 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 remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive venue shall lie 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 to be performed hereunder, onto 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 hereunder, or to the Plans, Specifications, Drawings, etc. 123W 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 herein as the Resident Agent in Denton County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such surety, as provided by Article 7.19-1 of the Insurance Code, Vernon'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 2"a day of March, 2005-�?� ATTEST: PRINCIPAL ATTEST: The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is: NAME: Lord & Company Ins. Agents, Inc. STREET ADDRESS P.O. Box 946, Denton, TX 76202-0946 (NOTE: Date of Payment Bond must be date of Contract. If Resident Agent is not a corporation, give a person's name) Western Surety Company POWER OF ATTORNEY - CERTIFIED COPY Bond No.74D _ Know All Men By These Presents, that WESTERN SURETY COMPANY, corporntion duly arganized and existing under the laws of the State of South Dakota, and having its principal offlea in Sioux Falls, Sou akota (Clio "Company"), does by those presents ranks, constitute anti appoint . ___._ __ _. _ . SIRRRY- L .ARRT.NGTON _ �U........ .. ....._.. . . its true and lawful attorney(s)-in•fact, with full power and authority hereby conferred, to execute, acknowledge and deliver for mid on its behalf or Surety, bonds for: / Principal: Joe Jeter dba Delta One Construction Services V ObliRoo: City of Denton Amount: $50o,aoo.00 (/ and to bind the Company thereby its fully and to the same extent as if such bonds were signed by thu Senior Vice President, sealed With Lho corporate seal of the Company and duly nttestal by its Secretary, hereby ratifybig and confirming all Clint tho acid attoraoy(a)-in-fact may do within the above stated limitations. Said appointment is mnde under and by authority of Clio following bylaw of Western Surety Company which remains in full force and effect. "Section 7, All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the curpmratu name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice Presidont or by such other officers its the Board of Directors may authorizo. The rrasident, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undortakingn in the name of the Company. The corporate seal is not necessary for the validity of any bonds, palicins, undertakings, Powers of ACturney or other obligations of the corporation. The signature of any such officer and the corporate seal may be Printed by facsimile." All nuthority hereby confurrod shall expire and terminate, without notice, unlass used bofore midnight of September 2 2005 , bit t until such time shall be irrevocable and in full force and effect. In Witness Whereof, Western Surety Company has caused these presents to be signed by its Senior Vino President, Paul T. nruflat, end it#,gp.gqrsta seal to be aoieed this ....2nd day or . ._... March . , . 2005 0;. qh: W a 4r,n .1" WEfi �, SURE Y COMPANY Paul T. BruBa anior Vico President STi1T,j!:OF'SOUTH' AK0TA COUNTY.QF,MINNH)1tA11A ) On this _ ?rid day of _. _... March .... in the year . 2 005 . , before me, R notary public, personally appeared Paul T. Bruilat, who being to me duly sworn, nnknowiedged that he signed the above Power of Attorney us the aforesaid officer of WESTERN SURETY COMPANY and neknowledgod said instrument to be the voluntary act and deed af. rid corporation. i4Y444444Y4M44444444YYY4 i ' /� ' D. KRELL f a NOTARY PUBLIC O �+, j�SOUTH DAKOTA�$ otary Public -South Dnkotn i4444N4YYYY4444YY4Y4YYY � My Commission Expires November 30, 2006 I Cho an derACtiod officer of Wcatern Surety Company, a stock corporation of the State of South Dakota, do hereby certify that the aUnchod Power of Attorney is in full force and effort and is irrovoeable, and furthermore, that Section 7 of the bylaws of the Company ns set forth in the Powar of Attorney is now in forco. In tustir riony whereof. I have harounto set my hand and seal of Western Surety Company this 2nd day of ._.. March _.. ., ,2po5 , WrS , SURP Y COMPANY Paul'P. Brunet , nior Vice Prosidunt Form F5308.4,2002 ACKNOWLEDGMENT OF SURETY STATEOl'___.._-.. Texas ....... l (Attorney -in -Fact) ss COUNTY OF.-----.. DENTON.____.. J} On this_ .- .. 2nd day of March_..,. __ -.-.. 2005before me, a notary public in ---- '-'-- -'----' and for said County, personally appeared -... —SHERRY 14.ARRINGTON_.l to me personalty known and being by me duly sworn, did say, that he is the Attorney -in -Fact of WESTERN SURETY COMPANY, a corporation of Sioux Falls, South Dakota, created, organized and oxisting under and by virtue of the laws of the State of South Dakota, that the said instrument was executed on behalf of the said corporation by authority of its Board of Directors and that the said _ . -._ .. ._._. _ SHERRY L .ARRINGTON...___.. acknowledges said instrument to be the flee act and deed of said corporation and that he has authority to sign said instrument without affixing tba corporate seal of said corporation. IN WITNESS WIIERISOF, I have hereunto subscribed my name and affixed my official seal at DENTON _. _ Texas-- , the day pq year last above written. Myeommission expires /7: ......... -OVA,- c� Notary Pablo: Form t06-4-2000 , ap � Martha DeleRoea My Comrnissbn Expires \\\B- geptembar 22, 2006 U\� State of Texas Claim Notice Endorsement To be attached to and form a part of Bond No. 698667110 In accordance with Section 2253.021(f) of the Texas Government Code and Section 53.202(6) of the Texas Property Code any notice of claim to the named surety under this-bond(s) should be sent to: CNA Surety 333 South Wabash Chicago, IL 60604 Telephone: (312) 822-6000 Farm F0944 • IMPORTANT NOTICE To obtain information or make a complaint: • You may call CNA Surety's toll -free telephone number for information or to make a complaint at 1-800-331-6053 • You may also write to'CNA Surety at P.O. Box 655908 Dallas, TX 75265.5908 or P.O. Box 5077 Sioux Falls, SD 57117-5077 • 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 contract the agent first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ® ATTACH THIS NOTICE TO YOUR POLICY OR BOND: This notice is for information only'and does not become a part or condition of the attached document. Foml 1929-9-2e09 CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Bidder's attention is directed to the insurance requirements below. It is highly recommended that bidders confer with their respective insurance carriers or brokers to determine in advance of Bid submission the availability of insurance certificates and endorsements as prescribed and provided herein. If an apparent low bidder fails to comply strictly with the insurance requirements, that bidder may be disqualified from award of the contract. Upon bid award, all insurance requirements shall become contractual obligations, which the successful bidder shall have a duty to maintain throughout the course of this contract. STANDARD PROVISIONS: Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted work has been completed and accepted by the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter. As soon as practicable after notification of bid award, Contractor shall file with the Purchasing Department satisfactory certificates of insurance, containing the bid number and title of the project. Contractor may, upon written request to the Purchasing Department, ask for clarification of any insurance requirements at any time; however, Contractors are strongly advised to make such requests prior to bid opening, since the insurance requirements may not be modified or waived after bid opening unless a written exception has been submitted with the bid. Contractor shall not commence any work or deliver any material until he or she receives notification that the contract has been accepted, approved, and signed by the City of Denton. All insurance policies proposed or obtained in satisfaction of these requirements shall comply with the following general specifications, and shall be maintained in compliance with these general specifications throughout the duration of the Contract, or longer, if so noted: • Each policy shall be issued by a company authorized to do business in the State of Texas with an A.M. Best Company rating of at least A. • Any deductibles or self -insured retentions shall be declared in the bid proposal. If requested by the City, the insurer shall reduce or eliminate such deductibles or self -insured retentions with respect to the City, its officials, agents, employees and volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. • Liability policies shall be endorsed to provide the following: •• Name as additional insured the City of Denton, its Officials, Agents, Employees and volunteers. •• That such insurance is primary to any other insurance available to the additional insured with respect to claims covered under the policy and that this insurance applies separately to each CI- 1 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 read: "SAID POLICY SHALL NOT BE CANCELLED, NONRENEWED OR MATERIALLY CHANGE WITHOUT 30 DAYS ADVANCED WRITTEN NOTICE BEING GIVEN TO THE OWNER (CITY) EXCEPT WHEN THE POLICY IS BEING CANCELLED FOR NONPAYMENT OF PREMIUM IN WHICH CASE 10 DAYS ADVANCE WRITTEN NOTICE IS REQUIRED ". • Should any of the required insurance be provided under a claims -made forth, Contractor shall maintain such coverage continuously throughout the term of this contract and, without lapse, for a period of three years beyond the contract expiration, such that occurrences arising during the contract term which give rise to claims made after expiration of the contract shall be covered. • Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit providing for claims investigation or legal defense costs to be included in the general annual aggregate limit, the Contractor shall either double the occurrence limits or obtain Owners and Contractors Protective Liability Insurance. • Should any required insurance lapse during the contract term, requests for payments originating after such lapse shall not be processed until the City receives satisfactory evidence of reinstated coverage as required by this contract, effective as of the lapse date. If insurance is not reinstated, City may, at its sole option, terminate this agreement effective on the date of the lapse. SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: All insurance policies proposed or obtained in satisfaction of this Contract shall additionally comply with the following marked specifications, and shall be maintained in compliance with these additional specifications throughout the duration of the Contract, or longer, if so noted: [X] 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. CI-2 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 (XCL1) exposures. Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability. [X] 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. [X] Workers Compensation Insurance Contractor shall purchase and maintain Worker's Compensation insurance which, in addition to meeting the minimum statutory requirements for issuance of such insurance, has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 policy limit for occupational disease. The City need not be named as an "Additional Insured" but the insurer shall agree to waive all rights of subrogation against the City, its officials, agents, employees and volunteers for any work performed for the City by the Named Insured. 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 "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. CI-3 [ ] 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. [ ] 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. [X] 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. [ ] Commercial Crime Provides coverage for the theft or disappearance of cash or checks, robbery inside/outside the premises, burglary of the premises, and employee fidelity. The employee fidelity portion of this coverage should be written on a "blanket" basis to cover all employees, including new hires. This type insurance should be required if the contractor has access to City funds. Limits of not less than each occurrence are required. [ ] 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. CI-4 ATTACHMENT 1 [X] 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 entities 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 foodibeverage 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. 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 CI-5 (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 mail 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. 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, 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 (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. CI-6 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 carver 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. CI-7 PROJECT $10 SHEET INFILL HOUSING NeW CONSTRUCTION PROGRAM COMMUNITY DEVELOPMENT DIVISION - SINGLE FAMILY HOME CONSTRUCTION BID (See Contractor's Manual and General Notes to Contractor Documents for Details on Bid Shoet) " L CWIA�4� Project Address: 634 E. Prairie Street, Donten, TX Contractor Name A.. 10 "s IX R" _T Building Permits / 1.1111. Snir Fees: ;121109. 0 util. brvC. $ $ 2. Saw Pole/Site Prep/Porta-JohntErosion Control $ 170 -7 3. Form Board Survey Fee _T -SV 17 - 3. _T Engineered Slab Fee $ -4. 7 Plumbing Rough -In $ of 5-1 6. Pre -Slab Termite Treatment $ 1 3 7 V 6, 7. Slab/Foundation $ 7ZZ7 7. -7 Stud ConstlFramingMall Sh athing I Decking. & Qqmlqpj6rick Ties R / 46 7 8. 9. Roof / Vents (Ridge vents on Gable Roofs aril Marldfiteq Construction - No Exceptions) 3­ 1 U. Extedor Siding $ Hardt-Plank $ 46017- 10. 77 Electrical Rough -In $ /IV -I/ -7 1Z PlumblnStack-Out $ A 7T Exterior Doors / Locks I Windows $ 13. 14. Exterior Paint $ - Ducts / Vents / HVAG Phase 11: $ $ 5. 5 16. EnergySeal $ j 72- 6. 6 - Interior Wall Insulation $ 6_1.7, 7 7. gheetrock i Tape / Bad Texture $ 9/99 8. 8. 19. Interior Trim / Doors / Pull -down Attic Stairs $ _2V11 19. 20� Closets Rods & Shelves I Bath Accessories 16 Interior Paint $ 170-7 -$ 21.' Electrical Final /7' 'Cabinets: Kitch, Bath(s), Utility, Laundry $ 3 5'Z 32T Countertops 24. 25, Appliances (Bid Items Checked): XVent-a-Hood (vent bru roul) X Gas Range _A_ 18 C.F. Energy Star Frig W/loe 1 Maker Install: X Energy Star Dishwasher _L Food Disposer (See Gen. Specs for models) $ 25.1 26 Attic Insulation $ 26. 91-ect ical Fixtures (Project Manager to Seim: llghtfktrs -Fixture 8uqet Allowed Is? $ &M) $ To 27. Plumbing Fixtures (Project Manager to S610r? �Avres) . -27. 00' U'V0s H - P $ A9*7 30. 7 Drive Fla Work: Approach/Walkways match house brick $_ $ ro. Final Grade/ Landscaping F n Final I IT I 0 floor Coverings F Vinyl $_, Carpet Final Cleaning Move -in Prep in a $ 33. 34. Landfill/Dump Fees (Non -Demo) an $ 0ea a5r 35. Misc: Remove Hackberry at rear of existing lot MISC $ 36. Other Misc. (Describe): L&,-- (w) $ :3q-5 ;eTo $ $ ?0'1XZ 37. Now Constructill Grand Total E UNDERSIGNED CONTRACTOR, Development Dh rq �d me of the above address. Bid amounts are based on all materials and work specifications as stated In the attached d ument entitleSeneral I l!teS to contractors, y 0 ' T a No Contractor Builder's RI k�aend ner*�Iabfi� �Inrquranse requirements; and City its -Cod Qa-- Notes e- Contractor S3na �ure /(eontra&or Name P ted Area Code Phone # :2Z awe 1-27-0-s-- city State Zip --Date Submitted CONTRACTOR COMPLIANCE TO TEXAS SALES TAX CODE Comply with all requirements of the Texas Sales Tax Code. The Contractor hereby certifies that the Contract Amount is divided as follows: Materials incorporated into the Project (resold to the Owner as defined in Tax Code) All other charges and costs Total The total must equal the total amount of the Contract. CONTRACTOR: saq,f Street Address City and State $ '416W $ �-f ( 7� $ 9Dtiz; THIS FORM SHALL BE EXECUTED AT THE TIME OF EXECUTION OF THE CONTRACT AND SHALL BE MADE A PART OF THE CONTRACT. BID # 3286 P-5 W. 1 O`), I TOTAL BASE BID PRICE IN 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 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 accordance with the plans and specifications, to the satisfaction of Community Development Division. 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 this proposal, shall control over extensions. The undersigned agrees this bid becomes the property of the City of Denton after the official opening. The undersigned affirms that they are duly authorized to execute this contract. Vendor hereby assigns to purchaser any and all claims for overcharges associated with this contract which arise under the antitrust laws of the United States, 15 USCA Section 1 et seq., and which arise under the antitrust laws of. the State of Texas, Tex. Bus. & Com. Code, Section 15.01, et sea. Receipt is hereby acknowledged of the following addenda to the plans and specifications: Addendum No. 1 dated Received' Addendum No. 2 dated Received Addendum No. 3 dated Addendum No. 4 dated i Received Received Street Address A*, 72�7 76�op- City and State Seal & Authorization (If a Corporation) 70 - 3 6 �?-3 6 Z 7 Telephone BID # 3286 P - 3 VENDOR COMPLIANCE TO STATE LAW The 1985 Session of the Texas Legislature passed House Bill 620 relative to the award of contracts to non-resident bidders. This law provides that, in order to be awarded a contract as low bidder, non-resident bidders (out-of-state contractors whose corporate offices or principal place of business are outside of the State of Texas) bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a non-resident bidder in order to obtain a comparable contract in the state in which the non-resident's principal place of business is located. The appropriate blanks in Section A below must be filled out by all out-of-state or non-resident bidders in order for your bid to meet specifications. The failure of out-of-state or non-resident contractors to do so will automatically disqualify that bidder. Resident bidders must check the blank in Section B. A. Non-resident bidders in required to be of the statute is attached. Non-resident bidders in (give state), our principal place of business, are lower than resident bidders by state law. A copy (give state), our principal place of business, are not required to underbid resident bidders. B. Our principal place of business or corporate offices are in the State of Texas: 51MAll i Street �rg Address • /, THIS FORM MUST BE RETURNED WITH YOUR BID. BID # 3286 P-4 FNar 29 05 02:59p THE WADE HUNT AGENCY 940 591 8993 p.2 _...... .. _.... ............................................... ACORD. CERTIFICATE OF LIABILITY INSURANCE pnTe (MnvD 32905 PRDDUCSR THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORM NATIONWIDE MUTUAL FIRE INSURANCE COMPANY ONLY AND CONFERS NO RIGHTS UPON THE CERTIF 1206 BENT OAKS CT HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEI SUITE 100 ALTER THE COVERAGE AFFORDED BY THE POLICIES BI DENTON TX 76210 INSURERS AFFORDING COVERAGE NAIC# INSURED IN11RERA: NATIONWIDE MUTUAL FIRE JOE JETER DBA DELTA ONE CONSTRUCTION INSURERS: 3808 CALVERT LANE INSURERC: DENTON TX 76208 INSURERo: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FORTHE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECTTO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR Lille p0 POLICY NUMBER FO YEFPECTIVE POUCYEXPIRATION 12/15 /OS UMITe X OENERALUABW COMMERCIALGENERALUASILRY . CLAIMS MADE OCCUR 91AC6582543001 12/15/04 CHOCCU-RRENCE E A PREMISES( m E MEDEXP(An are Pn,ew� F PERSONAL$ ADVINJURY E inn nnn GENERALAGGREGATE f OEN'LAGGREGATE UMITAPPLRES PER: PRODUCTS-COMP/OP AGG E POUCY PRO_IEC LOC AUTOMOSILELIABIUTY ANYAUTo 5 COMBINED SINGLE LIMIT (Ee aaidenl) f ALL OWNED AUTOS SCHEOULEDAUTOS � SODILYINJURY (Permmn) S BOOILYINJURY (PereaMenl) E HIREDAUTOS NON-OVMEDAUTOS PROPERTY DAMAGE (Per eecWenp $ GAMGEUAHILITY AUTOONLY-EAACCIDENT S OTHERTRAN EA ACC AUTO ONLY: AGO E ANYAUTO S EXCESNUMBRELLAUASILTIY OCCUR CLAIMSMADE EACHOCCURRENCE E S f DEDUCTIBLE $ RETENTION $ WORNERSCOMPENSATIONAND WCSTATUUMI- OTM- EMPLOYERWLOIBWTY ANYPROPRIETORPARTNERMXECUTNE E.L. EACH ACCIDENT $ E.L. DISEASE -EA EMPLOYEE S OFFICEWMEMBEREXCWDED4 IfAtAT0lbeender PECIA SPROVISIONS below EL.DISEASE -POLICY LIMIT E OTHER DESCRIPTION OF WEMTIONSI LOCAMNSI VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS ADDITIONAL INSURED TO BE READ AS CITY OF DENTON OFFICIALS, AGENTS, EMPLOYEES AND VOLUNT [ERS. 601 E HICKORY DENTON TX 76205 ✓ SHOULD ANY OF ME ABOVE DESCRIBED POLICIES BE CANCELLED SEFORETHE EXPIMTION DAIS THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL AYS WRITTEN NOTICE TO THE CERT MATE HOLDER NAMED TO THE LEFTS BUT FAILURE TO GO 40 SHALL IMPOSE NO GRLN$ATION OR LIABILITY OF ANY KIND UPON THE INSURER, MS AGENTS OR AUTHORIZED 1983 Progres§ve County Mutual Insurance Co. P.O. BOX 31260 TAMPA, FL 33631-3260 Verification of Insurance for Joe Jeter and Joyce Jeter PR99RFf11Y ° O/RECT Policy number: 40165722-7 ✓ Underwritten by Progressive County Mutual Insurance Co. Mardi 30, 2005 Page 2 of 2 Please accept this letter as verification of insurance for the vehicle listed below. Pro ......ve.Direct policy number .......... .. ...... 40165722.. ✓ t�o Policy State: Texas Policyholders: Toe Teter ...................................................Joyce Jeter.................................. I ........................... Vehicle: 2003 Chevr510 3c .............................................................. VIN: ........ .................1GCC519X138216393........ ....................................................... ...................................................................................................................................................... Additional Interest: ............................................................................. City of Denton Texas........................... Policy term: ............4—.... 8, 2005 •Aug . 20 ...... ._ .... ...... kff ive date: ......................................................................................................................................... Mar 30, 2005 Bodily Injury &Property Damage ............................................,.......................................................... 1 OOJ300150........... Collision Deductible: 1000 ..................................................................................................................................................... Comprehensive Deductible: 1,000 If you have questions, please call Customer Service. ACORD CERTIFICATE OF LIABILITY INSURANCE DATE N 03/17/2005 'RODUCER Lord & Co Ins Agents, Inc. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE (940) 382-9324 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. Box 946 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Denton TX -76202 INSURERS AFFORDING COVERAGE NSURED DELTA ONE CONSTRUCTION4 RVICES INSURER A: TEXAS MUTUAL INSURANCE COMPANY _ JOE JETER dba INSURER B: _ 3808 CALVERT LANE INSURER C: DENTON TX 76208 INSURER D: INSURER E: nccc THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NSR LULGENERAL TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LIABILITY EACH OCCURRENCE $ FIRE DAMAGE (my one fire _ $ COMMERCIAL GENERAL LIABILITY CLAIMS MADE ❑ OCCUR MED EXP oneperson) $ PERSONAL &ADV INJURY $ _ GENERAL AGGREGATE $ _ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ ._ POLICYF-1 PRO LOC AUTOMOBILE LIABILITY ANY AUTO \ n 1 1 ylV(/ COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULEDAUTOS BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE (Per accident) $ — GARAGE LIABILITY AUTO ONLY - EAACCIDENT $ OTHER THAN EAACC _ 8 ANY AUTO $ AUTO ONLY: AGG EXCESS LIABILITY EACH OCCURRENCE $ _ OCCUR F—ICLAIMS MADE AGGREGATE $ $ _ DEDUCTIBLE $ RETENTION $ A WORKERS COMPENSATION AND,-'SBP0000709220 03/21/2005 03/21/2006 X WC STATU- OTH- E.L. EACH ACCIDENT $ 100,000 EMPLOYERS' LIABILITY E.L. DISEASE - FA EMPLOYEE $ 100,000 E.L. DISEASE -POLICY LIMIT $ 500,000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONSIVEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS INSURED'S OPERATION: CARPENTRY NOC & DRIVERS BLANKET WAIVER OF SUBROGATION APPLIES AS CONTRACTUALLY REQUIRED BID #3286, 634 E. PRAIRIE ST. MILL NEW CONSTRUCTION CITY OF DENTON / MATERIALS MANAGEMENT DIVISION 901 B TEXAS STREET DENTON TX 76201 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THF.EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DDAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPWE NO OBLIGATION.IR LIABI_yTY OF ANY KIND UPON THE INSURER ITS AGENTS OR ACORD 25-S 988