1997-211 ORDINANCE NO q~ ~//
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 pubhc 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
SECI2ON2 That the following competitive bids for the construction of public works or
improvements, as described m the "Bid Invitations", "Bid Proposals" or plans and specifications on
file ~n 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
]SII.IMBER CONTRACTOR AMOI JNT
2065 DBR CONSTRUCTION COMPANY EXHIBIT A
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 ts hereby authorized to execute all necessary written
contracts for the performance of the construction of the pubhc works or improvements ~n accordance
with the bids accepted and approved herein, provided that such contracts are made in accordance
w~th the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms,
conditions, plans and specifications, standards, quantities and specified sums contmned therein
SECTION IV That upon acceptance and approval of the above competitive bids and the
execu'aon of contracts for the public works and improvements as authorized herein, the City Cotmcfi
hereby authorizes the expenditure of funds m the manner and In the amount as specified In such
approved bids and authorized contracts executed pursuant thereto
SECTION V That t!us ordinance shall become effective ~mmedmtely upon its passage and
approval
PASSED AND APPROVED this the .~?~__t. day of ~ ,1997
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
2
BID # 206~
BID NAME Single Family Home Construction DBR
CONST
OPEN DATE July 10, 1997 EXHIBIT A
D~SCP,.tFrION V~ENDOR
Plan #122fl77 NE 1, for Lot #1 $7fi,631 00
n #KD 1008 SW (Optional Bid for Lot 02) $62,224 00
ADDENDUM #1 - SIDEWALKS INCL ABOVE
BOND YES
DATE AUGUST 5, 1997
CITY COUNCIL REPORT
TO Mayor and Members of the City Council
FROM Kathy DuBose, Executive Director of Finance
SUBJECT BID # 2065 - SINGLE FAMILY HOUSE CONSTRUCTION
RECOMMENDATION. We recommend this bid be awarded to the single qualified bidder, DBR
Construction Company for the option bid that includes one umt at $75,631 00 and a second unit at $62,224 00
Total Contract amount $137,855 00
SUMMARY: Tbas bid is for the construction of two single family dwelhngs to be built on lots purchased
w~th CDBG ftmds The houses will be located in the Hill Street Ad&t~on, Lots 1 and 2, Block A After the
units are finished they will be sold to quahfted home buyers
PROGRAMS, DEPARTMENTS OR GROUPS AF1ECTED. Community Development Block Grant
(CDBG) Operations
~ Funds for the construction for these houses are available from the Affordable Housing
Program
Attachments Exhibit A
Tabulation Sheet
Respectfully sitbm~lled
Kathy 19a~B_9~]~
Executive Director of Finance
Name Tom D Shaw, C P M
T~tle Purchasing Agent
904 AGENDA
4
BID # 2065
BID NAME Single Family Home Construction DBR
CONS"I
OPEN DA~FE July 10, 1997
o scanrnoN vEr oo
I 1 Plan #122577 NE 1, for Lot #1 $75,631 00
! q Plan #TC1229 NE for Lot02 $75,872 00 l
3 I Plan #KD 1008 S~ (Optional Bid for Lot #2) $62,224 00 t
ADDENDUM #1 - SIDEWALKS INCL ABOVE
BOND YES
5
j \wpdocs\k\contract rrm
CONTRACT AGREEMENT
THE STATE OF TEXAS
COUNTY OF DENTON
THIS AGREEMENT, made and entered Into this the 5 day of
AUGUST A.D., 19 97., by and between the City of
Denton of the County of Denton and State of Texas, acting through
T~UU~VIDES
thereunto duly authorized so to do, hereinafter termed "OWNER", and
DBRCONSTRUCTIONCOMPANY
2301 HINKLESTREET
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 bearing even
date herewith, CONTRACTOR hereby agrees with OWNER to commence and
complete performance of the work specified below:
BID ~ 2065 - SIN~.R FAMILY HO~ CONSTRUCTION
and all extra work in connection therewith, under the terms as
stated in the General Conditions of the agreement; and at its (his
or their) own proper cost and expense to furnish all materials,
supplies, machinery, equipment, tools, superintendence, labor, in-
surance, and other accessories and services necessary to complete
the work specified above, in accordance with the conditions and
prices stated in the Proposal attached hereto, and in accordance
with all the General Conditions of the Agreement, the Special Con-
dlt~ons, the Notice to Bidders (Advertisement for Bids), Instruc-
tions to Bidders, and the Performance and Payment Bonds, all
attached hereto, and in accordance with the plans, which includes
all maps, plats, blueprints, and other drawings and printed or
Page 1
written explanatory matter thereof, and the Specifications here-
fore, as prepared by CDBGSTAFF
all of which are made a part hereof and collectively evidence and
constitute the entire contract.
Contractor to Comply with Federal Reaulatlons
A. The work to be performed under this contract is on a pro-
]ect assisted under a program provading darect Federal financial
assastance from the Department of Housing and Urban Development and
is subject to the requarements of section 3 of the Housing and Ur-
ban Development Act of 1968, as amended, 12 U.S.C. 1701u. Section
3 requires that to the greatest extent leasable, opportunities for
training and employment be given to lower income residents of the
area of the section 3 covered project, and contracts for work an
connection with the project be awarded to business concerns whach
are located in, or owned in substantaal part by persons residing in
the area of the section 3 covered project.
B. The parties to this contract wall comply with the provl-
sachs of said section 3 and the regulations issued pursuant thereto
by the Secretary of Housing and Urban Development set forth in 24
Part CFR 135, and all applicable rules and orders of the Department
issued thereunder prior to the execution of thas contract. The
parties to thas contract certify and agree that they are under no
contractual or other disability which would prevent them from com-
plying with these requirements.
C. The CONTRACTOR will send to each labor organization or re-
presentative of workers with which it has a collective bargaining
agreement or other contract or understanding, if any, a notice
advising the said labor organization or workers' representative of
the commitments under this sectaon 3 clause and shall post copaes
of the notice in conspicuous places available to employees and
applicants for employment or training.
D. The CONTRACTOR will include thas section 3 clause in every
subcontract for work in connection with the project and will, at
the direction of the applicant for or recapaent of Federal finan-
cial assistance, take appropriate action pursuant to the subcon-
tract upon a finding that the subcontractor is in violation of
regulations issued by the Secretary of Housing and Urban Develop-
ment, 24 CFR Part 135. The CONTRACTOR will not subcontract wath
any subcontractor where it has notice or knowledge that the latter
has been found in violation of regulations under 24 CFR Part 135
and will not let any subcontract unless the subcontractor has first
provaded it with a preliminary statement of ability to comply with
Page 2
the requirements of these regulations.
E. Compliance with the provisions of section 3, the regulat-
ions set forth in 24 CFR Part 135, and all applicable rules and
orders of the Department issued thereunder prior to the execution
of the contract, shall be a condition of the Federal financial
assistance provided to the project, binding upon the applicant or
recipient, its contractors and subcontractors, its successors, and
assigns to those sanctions specified by the grant or loan agreement
or contract through which Federal assistance is provided, and to
such sanctions as are specified by 24 CFR Part 135.
Independent Status
It is mutually understood and agreed by and between City and
CONTRACTOR that CONTRACTOR is an independent contractor and shall
not be deemed to be or considered an employee of the City of
Denton, Texas, for the purposes of income taxes, withholding taxes,
social security taxes, vacation or sick leave benefits, worker's
compensation, or any other City employee benefit. City shall not
have supervision and control of CONTRACTOR or any employee of
CONTRACTOR, and it is expressly understood that CONTRACTOR shall
perform the services hereunder according to the attached specifica-
tions at the general direction of the city Manager of the City of
Denton, Texas, or his designee under this agreement.
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, invltees, and other
persons for whom it is legally liable, with regard to the perform-
ance of this Agreement, and CONTRACTOR will, at its cost and ex-
pense, defend and protect the city of Denton against any and all
such claims and demands.
Notices
Any notice or other written instrument required or permitted to
be delivered under the terms of this agreement shall be deemed to
have been delivered, whether actually received or not, when depos-
ited in the United States mall, postage prepaid, registered or
certified mail, return receipt requested, addressed to the OWNER or
CONTRACTOR, as the case may be, at the following addresses:
Page 3
OWNER: CONTRACTOR:
City of Denton, Texas ~w~,r/f~ff//-~
ATTN: City Manager ~/ /~./~
215 E. McKinney ~'/'~~
Denton, TX 76201
Choice of Law and Venue
This agreement shall be governed by the law of the State of
Texas and venue for its constructlon 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 t~me
stated in the Proposal, subject to such extensions of t~me 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 th~s
contract, such payments to be subject to the General and Speclal
Conditions of the Contract.
IN WITNESS WHEREOF, the parties of these presents have executed
this agreement in the year and day first above written.
APPROVED AS TO FORM:
City ~ttornsy /
Page 4
ATTEST:
(SEAL)
Page 5
PERE~OND
~ STATE OF TEXAS ' Bom) so. 722088
BoND EXECUTED IN FOUR (4) ORIGINALS
COUNTY OF DENTON '
KNOW ALL MEN BY THESE PRESENTS That DBR Con~tmctlon Company, whoso
address Is 2301 Hmkle St., Denton, TX 76201, hCrClna.~cr called Prmctpai, and
Capitol !ndenmit), Corporatio.ga coxporatton organized and axist~ng under thc laws of thc
State of Texas, and fully authonzcd to transact business m the State of Texas, as Surety, arc bold and
firmly bound unto the City of'Denton, a mum¢lpal corporation organized and extstmg under thc laws
of`the State of Texas, heremA0~er coiled Omter, m thc penal sum of One Hundred Thirty-Eight
Thousand One Hundred One and no/100--($138,101.00)-- plus 10 percent o£thc stated
penal sum as an adchfloflal sum of money representing adchtaonal court expenses, attorneys' fees, ~d
hqmdated damages aflsmg out of or cormcctcd vflth the below xdenttfled Contract, m lawful money
of thc United States, to bo paid irt Denton County, Texas, for thc payment of whzch sum well and
truly to be made, we hereby brad ourselves, our heirs, executors, admuustratom, successors, and
a~s~§ns, jointly and scvcmlly, firmly by those presents This Rond .qhall antomatlcaily bo increased
by the amount o£any Change Order or Suppicmentai Aga~cmcnt winch increases file Contract p~,
but m no event shall a Change Order or Supplemental A§rccmen! which reduces thc Conlract puce
decrease the penal sum o£tht$ ]Bond
THE OBLIGATION TO PAY' ~AME i.q condltmncd as £ollows Whereas, the Prutcq~ai
entered into a certain Contract, tdcnuficd by Ordinance Number 97-211, vflth thc City of Dcntun,
the Owner, dated the S day of August A D. 1997, a copy of which is bercto attached und made a pat~
hcrenf, for BID # 206S -SING[,E FAMILY HOUSE CONSTRUCTION.
~OW, THEREFORE, t£the Principal shall well, truly and faithfully perform and fulfill all
oftbe undcrtaiflngs, covenants, terms, condlttofls and agreements of smd Contract m accordance w~th
the Plans, Spccxficatlons and Contract Documents &mag thc orlgutal term thereof'and any cxtcnmon
thereof which may be granted by the Owner, vflth or w~thout notice to thc Surety, a~l dunng thc llfe
of' any gtmianty or warranty reqmrcd under this Contract, and shall also well and truly perfoml and
fulfill all the undertakings, enveaants, terms, condmons and agreements of' any and all duly
autbonzcd modificattons of said Contract that may he~eafter be made, not, ce of`winch moddicahon~
to the Surety being bereby wmvcd, and, if the Prmctpal shall repmr and/or replace all detects due ta
faulty materials and workmanship that appear unthm a pe~od of`one (1) year from thc date of final
complcttofl and final acceptance o£ thc Work by the Owaer, and, if` thc Prmcipai shall fully
mdemut~ and save harmless thc Owner from all costs and damages which Ownar ma)' suffer
reason of fmlure to so perform hereto and shall full), rcunburae and repay Owner all outlay and
expense winch thc Owner may recur ut making good an), default or dctlcicncy, then this obli§ahon
shall be vmd, otherwme, it shall ~nnain ut full force and ~ff¢ct
PRO¥[DED FURTHER, that ffany legal action be filed upon this Bond, c×ciumvc venue
shall lie m Denton County, State of Texas.
PERFORMANCE BOND - Page 1
AN D PROVIDED FURTHER, that thc said Surety, for valu~ received, hereby stipulates and
alirees that no change, ~",ension of time, alterauon or addlUon to thc tcrrns of the Contmcl, or to thc
Work io be performed hhe~under, or to the Plans, Specificauons, Drawings, otc., aecompanyin
same, shall m anywise affect its obligation on this Bond, and it do~ hereby waive not~c~ of any such
change, extension of t~mc, altcration or addition to the terms of thc Contract, or to the Work iobc
performed thereunder, or to the Plans, 5peclficai:ons, Drawings, etc.
This Bond is given pursuant to thc provisions of Chapter 2253 of the Texas Government
Code, as amended, and any other applicable statutes of the State of Texa~.
The undersigned and designated a~ent Is hereby designated by thc Surety hereto as the
Resident Agent m collinCounty to whom any roqmsite notices may be dohve~-d and on whom
senac~ of process may be had m mal~ra arising out of such suretyship, as provided by A~tcle 7 19-
of the Insurance Code, Vemon's Annotated Clwl Statutes of the State of Texas
IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of whioh shall
be deemed an original, this the 5 day of Au~si, 1997.
ATrI~ST PRINCIPAL
DBR Cous.t. ructioR.~'~Ompan¥, Inc
SECR-'ETARY ' Don/R~char ds~, PR.E$IDENT
AITEST SURETY
Capitol Indemnity Corporation
· _ ~i~.r6RN~.iN.FACT
Kathy K. Zacharek
The Resident Agent of the Suroiy m ColltuCounly, Texas for delivery of nolice and servm¢ of the
process ,s
NAME V. R. l)amiano, Jr.
STREET ADDRESS 17774 Preston Road, Dallas, TI( 75252
(NOTE. Date of Performance Bond must be date of Coniract If Res,dent Agent is not a
corporation, g~ve a person's name )
PERFORMANCE BOND - Page 2
PA~ BOW
~ STATE OF TEXAS , ~oNu NO 722088
CO~ OF D~ON , BOB ~C~ED IN FO~ (4) ORIGINS
~ddr~NN {~ 230l H~ SL, D~ton, TX T6201, hmi~cr ~1~ Pdncl~, ~d
~itol Inde~ity Gorporation, ~ co~o~ org~d ~ ex]Amg ~d~ A~ {~w~
S~ ofT~x{~, ~d ~ly ~od~ to ~t b~m~ m ~ S~t: ofTe~, ~ S~, ~ h~ld ~d
~y ~d ~to ~ C{~ of~nto~ ~ m~l~ ~mon org~ ~d exm~ ~d~r ~ 1~
o[~c S~ of Text, h~ei~Rcr ~1~ O~er, ~d ~to dl ~no~, 8~s, ad co~rauo~ who
my ~ mat~, ~r, or ~om la~r u~ ~ bmldmg or m~vemen~ here~ mfe~d
~, In ~c p~ s~ of ~e Hundred ~lrCy-E~ght ~ousand ~e Hundred ~e and
no/100--($138,101.00) ...... m law~l money of ~e Umted States, to ~ prod m DenWn
Com~, T~, ~r ~e pa~t of~ch ~ well ~ ~y to ~ ~e, wc hereby brad o~selves,
o~ he~s, ~xccuto~, ~m~m~, succor, ~d ~sl~, jointly ~d sev~y, fi~y by ~ese
presen~ ~s Bond s~l automti~ly ~ mc~d by ~e ~o~t of ~y Ch~gc Order or
Supple~n~ A~t w~ch m~es ~e Con. ct ~ce, but m no event s~l a C~ge O~er
or Supplemen~ A~ent w~ch ~duces ~c Con~t pdce d~m~c ~e ~n~ sm of~is Bond
THE OBLIGAHON TO PAY S~ is mn&~on~ ~ follows ~cm~, ~c Principal
en~red into a ~n Con.t, ~d~t~ficd by O~in~cc Nmber 97-211, ~ ~e Ct~ of Denton,
the O~, ~ ~e 5 ~y of Au~st~ A D 1997, a copy ofw~ch Is hc~ at~h~ ~d made a
pm hereof, for B~ ~ 2065 -- SINGLE F~ILY HOUSE CONSTRUC~ON
NOW, ~FO~, tf~e Pnnclpal s~l ~11, ~ly ~d fretfully perfom its duhcs ~d
~c prom~ payment to ~I ~mons, ~s, su~on~tors, co~omt~o~ ~d cl~m ~pplymg
~bor ~Or maten~ m ~e prosecution of~e ~o~ pro~d~ for in smd Con.ct ~d ~y ~ all
d~y au~od~d m~fimtlons of s~d Con.ct ~t my hcrc~r ~ ma~, notice of w~ch
mo&flea, om to ~e S~ being he.by exp~ssly wmvcd, ~cn ~s obhgaaon s~l ~ vmd,
o~cmse tt shall ~ in ~1 for~ ~d zff~t
PROV~ED F~ ~t ~f~y lc~ ~aon ~ fil~ on ~s Bond, cxclmivc venue
he ~ Denmn Co~, Tex~
~ PRO~ED F~'~ ~t ~c s~d S~, for v~uc m~ve~ he~ ~pul~s ~d
~ ~at no c~gc, ~tens~on of time, ~tcmon or ~d~on to the tc~s of~e Conch or m
Wo~ ~ffo~ ~em~, or to ~e Plms, S~lfi~om, D~gs, e~, ~mp~ymg ~e
shall m ~ymse ~t ~ obhgahon on this Bond, ~d It docs hereby wmvc no,cc of~y such
ch~gc, exte~lon oft~me, ~tcmt~on or addtuon to ~c tc~s of the Con.ch or to ~ Work to bc
perfomed ~erc~der, or to thc PI~, Sp~ficat~ons, D~wmgs,
PAYMENT BOND - Page 1
This Bond ms given pursuant to fig pwwmons of Chapter 2253 of the Texas Government
Code, as amended, and any other applicable statutes oftbe State of Texas.
Thc undersigned and designated agent Is hereby d~slgnated by the Surety heroin aa
Resident Agent m Collin County to whom ally requisite nottoos may bo dchvcred a~d on whoin
serwce ofproeess may be had tn maaer~ arising ou~ of such sure.dap, as provided by Amclc 7 19-1
of the Insurance Code, Vemon's ^nno~ted Clwl $~u~a of Re S~g of Texas
l]q WITNESS WHEREOF, flus instrument is executed in 4 coplcs, each onc of winch shall
be deemed an original, this the $ day of Augmst, 1997.
ATTEST PRINCIPAL
DBJ Construction Company, Inc.
Don Richards
A2~FEST SURETY'
~itol Indgmnity Corporatxon
A~ORN~?N-FACT
Kathy R. Zacharek
The Resident Agent of the Surety in CollinCoRnty, Texas for delivery of notice and service of the
process
NAME V_~. R. D~m!ano, Jr.
STREET ADDRESS 17774 Preston Road, Dallas, TX 75252
(NOTE Date of Payment Bond innst be date of Contract If Resident Agent ,s not a
corporation, give ape. a21ui~s name )
PAYMENT BOND ~ Page 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 ~(512) 475-1771
PREMIUM OR CLAIM DISPUTES'
Should you have a d~spute concerning your premium or about a claim
you should contact the agent or the company first. If the d~spute is
not resolved, you may contact the Texas Department of Insurance.
ATTACH THIS NOTICE TO YOUR POLICY:
This not~ce is for ~nformat~on only and does not become a part or
condition of the attached document.
INDEMNITY CORPORATION
4610 UNIVERSITYAVENUE SUITE 1400 MADISON WISCONSIN 53705 0900
PLEASE ADDRESS REPLY TO PO BOX 5900 MADISON WI 53705 0900
PHONE (608) 231 4450 · FAX (608) 231 2029
POWER OFATTORNEY No 444;L51
he CAPITOL INDEMNITY CORPORATION, a coFporat~on
of Madison, Wisconsin, does make, constitute and appoint
CAN'DACE DAMIANO, ..................
SCaR ................
i~;s true and lawfut fo~ a~d on its beh~f, as sqrety, and as ~ts act
: bond or undertaking or contract
~and deed of
oo .... , .................. .... ..............
facs~mil~i under and by the authority of the follow~ng
Resolution CORPORATION at a meettng duly called and
held ~
' RESOLVED, or otherwise, be and they hereby are granted
bonds and un~e~kmgs and other
in fact each appointee to have
~ and be afli~ed
to any such p suoh power of attorney or cerHktat9 bearing such f~csirmle
power so executed and certified by facs~mde signatures and
respec to any bond or under~akmg or ~ther writing obligatory m the
natt for cause or w~thout cause, by any of said officers, at any t me
IN WlTNE~W~Fr the CAt'ITel,. tNDEM~IIT¥ ~RP,ORATION .has ca~used, thas.e, pr ~esen,~:s ~o.b,e sign?..d~by
~ts officer understg~ and ~ts ~0rpqr~.te seat t~b~ ~re~ affixed duly attested Dy its ~ecretary, mrs
'~ ~ ~; CAPITOL INDEMNITY CORPORATION
It, President
the a~e that
that ~t was se
~etsr E
the ~IITY
been
day of ~ _A~u~19 97
PeulJ Bre311'~e~er Treasurer
This urger right, h~nd comer appeam in red Phot~piee~ earbon copies or
~ of attorney may be directed rathe ~ond Mariaget at the Home
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 end provided herein. If an apparent Iow 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 · duty to maintain
throughout the course of this contract.
STANDARD PROVISIONS:
Without limiting any of the other obligations or I,ab,imes of the Contractor, the
Contractor shall provide and maintmn until the contracted work has been completed
and accepted by the City of Denton, Owner, the m~mmum insurance coverage as
indicated hereinafter
As soon as practicable after notification of bid award, Contractor shall file with the
Purchasing Department satisfactory certificates of ,nsurance, contmn~ng the b~d
number and title of the project. Contractor may, upon wntten request to the
Purchas;ng Department, ask for clarification of any ~nsurance requirements at any
time; however, Contractors are strongly adwsed to make such requests prior to b,d
open,ng, since the insurance requirements may not be modified or wmved after b~d
opening unlessa written exception has been subm;tted w~th 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 ~nsurance policies proposed or obta;ned in satisfaction of these requirements shall
comply w~th the follow,ng general spec,f,catlons, and shall be ma;ntmned ~n
compl,ance w~th these general spec~fications throughout the duration of the Contract,
or longer, ~f so noted.
· Each policy shall be ~ssued by a company authorized to do bus~ness ~n the
State of Texas w~th an A M Best Company rating of at least &-
· Any deductibles or self-~nsured retentions shall be declared ~n the b~d
proposal. If requested by the City, the insurer shall reduce or chromate
such deductibles or self-ensured retentions w~th respect to the City, its
AAAOO360
I~'VISED 10/12/~4 Cl - 1
Insurance Requirements
Page 2
officials, agents, employees and volunteers; or, the contractor shall procure
a bond guaranteeing payment of losses and related ,nvestlgatlons, claim
administration and defense expenses.
· Liability policies shall be endorsed to prov,de the follow,ng
0· Name as additional insured the City of Denton, ,ts Officials, Agents,
Employees and volunteers.
· · That such insurance ia primary to any other ,nsurance ava,labia to the
additional insured w,th respect to claims covered under the policy and
that this insurance applies separately to each ,nsured against whom
claim is made or suit is brought. The inclusion of more than one
insured shall not operate to increase the ~nsurer's limit of liability
· All policies shall be endorsed to provide thirty(30) days prior written notice
of cancellation, non-renewal or reduction in coverage
· Should any of the required insurance be prov,ded under a claims-made
form, Contractor shall maintain such coverage continuously throughout the
term of this contract and, without lapse, for a per,od 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 prov,ded under a form of coverage
that includes a general annual aggregate limit providing for cia,ms
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 C,ty
receives satisfactory ev,dence of reinstated coverage as required by this
contract, effective as of the lapse date. If insurance ,s not reinstated, City
may, at ,ts sole option, terminate this agreement effective on the date of
the lapse.
AAA00360
~'v,sE= ~o/~=/~4 CI - 2
Insuraoce Requirements
Page 3
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS:
All insurance policies proposed or obtained in satisfaction of this Contract shall
additionally comply wroth the following marked specifications, and shall be mmntamed
in compliance with these additional specifications throughout the duration of the
Contract, or longer, if so noted:
Ix] A. General Liability Insurance:
General Liability ,nsurance with combined s,ngle limits of not less than
5oo.ooo shall be provided and maintmned by the contractor. The pohcy
shall be written on an occurrence bas~s rather in a single pohcy or ~n a
combination of underlying and umbrella or excess pol,c~es.
If the Commercial General Llabml,ty form (ISO Form CG 0001 current
edition) is used
· Coverage A shall Include premises, operations, products, and
completed operations, Independent contractors, contractual Iiab~l~ty
covering this contract and broad form property damage coverage
a Coverage B shall mnclude personal ~niury
· Coverage C, medical payments, ~s not required.
If the Comprehensive General Liability form (ISO Form GL 0002 Current
Edition and ISO Form GL 0404) is used, ,t shall ~nclude at least.
· Bodily ~njury and Property Damage Liabmhty for premises,
operations, products and completed operations, independent
contractors and property damage resulting from explosion, collapse
or underground (XCU) exposures
· Broad form contractual liability {preferably by endorsement)
covenng thins contract, personal ~njury liability and broad form
property damage liabihty.
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REVISED 10/12/~4 CI - 3
Insurance Requirements
Page 4.
[x] Automobile Uability Insurance:
Contractor shall provide Commercial Automobile Uebility Insurance w,th
Combined Single Limits (CSL} of not less than 3oorooo either ,n 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 automob;les and mobile equipment used
in conjunction with this contract.
Satisfaction of the above requirement shall be an the form of a policy
endorsement for:
· any auto, or
· all owned, hired and non-owned autos,
Ix] Workers Compensation Insurance
Contractor shall purchase and malnts,n Worker's Compensation insurance
which, ~n addition to meeting the m,mmum statutory requ,rements for ~ssuance
of such insurance, has Employer's Llabll,ty I,mits 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 "Addit,onal Insured"
but the insurer shall agree to waive all r,ghts 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 I in accordance
w,th §406.096 of the Texas Labor Code and rule 28TAC 110.110 of the Texas
Worker's Compensation Commlss,on (TWCC}.
[ ] Owner's and Contractor'e 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 an the prosecution of the work or
contractor's operations under this contract. Coverage shall be on an
AAAO0360
REVISED 10/12/94 Ci - 4
Insurance Requirements
Page 5
"occurrence" basis, and the policy shall be issued by the same insurance
company that carries the contractor's liability insurance. Policy limits will be
at least combined bodily Injury and property damage per
occurrence with a aggregate.
[ ] Fire Damage Legal Liability Ineurence
Coverage is required if Broad form General Liability is not provided or ~s
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 Uability Insurance
Professional Ilablhty insurance w,th limits not less than per clmm
with respect to negligent acts, errors or om,smons ,n connection w~th
professional services is required under this Agreement
Builders' Risk Insurance
Bu;Iders' Risk Insurance. on an Ali-Risk form for 100% of the completed value
shall be prov,ded. Such policy shall include as "Named Insured" the City of
Denton and all subcontractors as their interests may appear
[ ] Additional Insurance
Other ~nsurance may be required on an Ind;v,dual basis for extra hazardous
contracts and specific serwce agreements If such additional insurance ~s
required for a specific contract, that requ,rement w~ll be described ~n the
"Specific Conditions" of the contract spec;flcations
Insurance Requirements
Page 6
ATTACHMENT 1
Worker's Compensation Coverage for Building or Construction Projects for
Governmental Entities
A. Definitions:
Certificate of coverage ("certlflcate")-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 providlng 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 compan.es, 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, prov.ding, 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 del.verles, 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
AAAO0360
REVISED I01"12/04 CI -
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Insurance Requirements
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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 w~ll have on file certlflca~es 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
pertod 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 ~n writing by certified
mall or personal delivery, within 10 days after the contractor knew or
should have known, of any change that materially affects the provision of
coverage of any person prowding services on the project.
H. The contractor shall post on each project site a notice, ~n the text, form and
manner prescribed by the Texas Workers' Compensation Commission,
Informing all persons prowding services on the project that they are
required to be covered, and stating how a person may verify coverage and
report lack of coverage.
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REVISED 10112/~4 Cl - ?
Insurance Requirements
Page 8
I. The contractor shell contractually require each person with whom
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) provmde the contractor, prior to the end of the coverage penod, 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 wfth whom mt contracts, and provmde to
the contractor:
(a) a certificate of coverage, prior to the other person begmnnmg
work on the project; and
(b) a new certificate of coverage showing extensfon 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;
notify the governmental entity in wnting by certified mail or personal
dehvery, within 10 days after the person knew or should have known,
of any change that materially affects the prowsion of coverage of any
person providing sarvmces on the project, and
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~EV~SED lOn2m4 CI - 8
Insurance Requirements
Page 9
(7) contractually require each person wtth whom tt contracts, to perform
as required by paragraphs (1) - (7), with the certificates of coverage
to be provided to the person for whom they ara providing services.
J. By signing this contract or providing or causing to be provided a certiflcata
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
codas 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 ciwl actions ,
K. The contractor's failure to comply with any of these prov,slons Is a breach
of contract by the contractor which entitles the governmental entity to
declare the contract void ~f the contractor does not remedy the breach
w~thin ten days after receipt of notice of breach from the governmental
entity.
AAAOO3SO
JlE~ISED 10/12~4 Cl - 9
BID SUMMARY
In the event of the award of a contract to the undemgned, the undersigned vail furmsh a
performance bond and a payment bond for the full amount of the conUact, to secure proper
comphunce vath the terms and provisions of the contract, to ~nsure and guarantee the work until
final acceptance, and to guarantee the work until ~ compleuon and acceptance, and to
guarantee payment for all lawful clanns for labor performed and materials furmshed m the
fulfillment of the contract
It ~s understood that the work proposed to be done shall be accepted when fully completed and
firnshed m the fullfillment of the contract
The undersigned certifies that the bid prices contmned m flus proposal have been carefully
checked and are submitted as correct and final
Umt and lump-sum pnces as shown for each xtem hsted m flus proposal, shall control over
extensions
Street Address
C~ty and State
Seal & AuthonzaUon
(If a CurporaUon) ~' ' - -"
T~lepho~e
B-1
BID SUMMARY CONTINUED
Contractor w~ll complete necessary ~nspecuons to obtmn FHA-approval on the umts Contractor
will provide a one-year warranty The warranty period will begin upon the date of m~tial
oceupaney by the home buyer Warranty documentaUon will be subnutted to the Commumty
Development Office before acceptance of the project and f'mal contract payment
Please state your total b~d for each umt below
Pro_~ect 3~rkD. g~ B~d
Lot# 1, Plan# 122577 NE 1
Lot # 2, Plan # TC 1229 NE
Lot # 2, OpUonal Plan # KD 1008 SW
PLEASE NOTE CHANGES ATTACHED TO PLAN DOCUMENTS.
B-2
BID TABULATION SHEET
[PLAN# 122577 NE 1, forLot#1
ITItlM ;'i~ ~, ~BSe~ON COST
1 rote preparaUon $
2 erosion control $ -~.5---t?.
3 plumbing rough-m $
4 plumbing stack-out $ ~..~. 7.1---
5 ~nstallaUon of uUliues $
7 frm ns
8 roof $ ~ ~).
9 elecmo~ rough-~ $
10 msulaUon $
11 elecmcfl fix~es $
12 sheetrock $
13 exterior $
14 fims~texmre $
15 doom ~d ~ndo~ $
16 apph~ces $ ~
lS floor ~ovenng $
20 plumbing fixes $
21 ~veway ~d approach ~
22 l~dscapmg
TOTAL $
BID TABULATION SI-iEET
~'~ ~ ~~o~ ~ ~ ~, cost
1 site preps.ration $
2 erosion ~n~ol $
3 pl~bmg rou~-in $
4 pithing smok-out $
5 mstallaUon of u~liUes $
8 roof $
10. msulauon $ ~.
11 elecmcfl fi~es $
12 sheet rock $
14 fimsWt=x~, $
15 doom md ~ndows $
17 cabtne~ $
1~ floor cove~s
20, pl~bin~ rims $
21 ~v~w~y ~d ~ppm~ch
22 I~dscap~ $
TO~
P-4
BID TABULATION SHEET
KD. 1008.SW (OpUonal Bid for Lot # 2)
TEM '" Di~SCRIPTION COST
1 site preparation $
2 erosion control $
3 plumbms rough-m $
4 plumblns stack-out $ ~ .~'~.
5 mstallaUon of utilities $ ,~,
~ foundauon $
7 framing $
$ roof $
9 electrical rousMn $
10 msulauon $ '7~,~
11 electrical fixtures $
12 sheetrock $
13 exterior
14 fimsh/texture $
15 doors and windows $
16 apphances $
17 cabmeUF
lg floor covering $
19 HVAC $
20 plumbm$ fixtures $
21 dnveway and approach
22 landscaping , $
TOTAL $
P-5
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