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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. AAAO0350 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 - 6 Insurance Requirements Page 7 C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the 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. AAA003SO 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 AAAOO3EO ~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 AUG 15'97(FRI} 08 57 RAMEY & KING TEL 1 940 24;~ 1050 P 002 A4,~dldtl~':''--'~'~-~.. . ~ ~~'~'~'~'' ..: .............. ~, ........................... .~, ~ ~ ~18 O~ROA~ IS I~UED A8 A ~R ~ ~RMA~ ONLY AND OQNFBR~ NO RIG~ UP~ ~E G~A~ HQLDB~ ~ DQ~ N~ AMEND, E~ND OR ACeR ~B C~BRAGE A~RDBD BY ~E ~MEY A K~Q INEU~N~ POUQ~ BE~W ~ · ~ ~u~ A COMPANIES A~ORDING ~VE~GE ~ B Tdnl~ Unl~l or K~ ~ O T~W~~nd DBR~h~ ~ R~ POB.~ B ~ ~ ~1~ ~17~ ~7~ , ~ ~ BUIWERB RISK BA~ ~4~ ~L( ~ ~ ROBBA~ ~11~ ~ A~ Liblllb ~ H A y~ ~I ~H~QN DA~ ~ ~E ~SUIN~ COMPLY Wl~ ENDeaR ~ ~l~ ~ ~ ~ ~ OA~ W~ NO~ ~0 ~E C~ HO~ N~ ~ mE ~IB 7~ ~ ~ ~ ~ F~RE TO ~L ~CH N~OE 8~ IM~E NO O~ OR