1996-027 ORDINANCE NO q {~ "" Oh 7
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 Ctty has sohc~ted, received and tabulated compettt~ve Nds for the
construction of pubhc works or tmprovements ~n accordance wtth the procedures of STATE law
and C~ty ordinances, and
WHEREAS, the C~ty Manager or a designated employee has recmved and recommended that
the here~n described Nds are the lowest responstble Nds for the construction of the pubhc works or
~mprovements described ~n the Nd ~nwtat~on, Nd proposals and plans and spemficat~ons there~n,
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the following competitive Nds for the construction ofpubhc works or
tmprovements, as described tn the "B~d Inwtat~ons", "B~d Proposals" or plans and specfficattons on
file ~n the Office of the Ctty's Purchasing Agent filed accordtng to the Nd number assigned hereto,
are hereby accepted and approved as being the lowest responsible Nds
BID NUMIqER CON/RAC/DR AMOUNT
1846 DBR CONSTRUCTION $66,425 00
SECTION I[ That the acceptance and approval of the above competitive bids shall not
constitute a contract between the C~ty and the person submitting the Nd for construction of such
pubhc works or tmprovements heretn accepted and approved, until such person shall comply wtth
all reqmrements specffied ~n the Not, ce to Btdders ~ncludmg the umely executmn of a written
contract and fum~sNng of performance and payment bonds, and ~nsurance certtficate after
notification of the award of the Nd
SF, CTION 1II That the Ctty Manager ~s hereby authorized to execute all necessary written
contracts for the performance of the constructaon of the pubhc works or ~mprovements ~n accordance
w~th the Nds accepted and approved hereto, prowded that such contracts are made ~n accordance
w~th the Notme to Btdders and B~d Proposals, and documents relating thereto spemfy~ng the terms,
condmons, plans and specfficattons, standards, quantities and specified sums contmned theretn
SECT_iON IV That upon acceptance and approval of the above competitive Nds and the
execution of contracts for the pubhc works and tmprovements as authorized herein, the C~ty Counml
hereby authorizes the expenditure of funds ~n the manner and m the amount as specffied ~n such
approved Nds and authorized contracts executed pursuant thereto
SECTION~ That th~s ordinance shall become effective ~mmedmtely upon ~ts passage and
approval
PASSED AND APPROVED th~s the {'~ _~'_ day of 7~}~L31~,1996
BOB CAS~T~
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
CONTRACT DOC
DATE FEBRUARY 6, 1996
CITY COUNCIl. REPORT
TO Mayor and Members o£the City Council
FROM Rick Svehla, Acting City Manager
SUBJECT BID # 1846 - RENOVATIONS AND REPAIRS TO FRED MOORE NURSERY
SCHOOL PHASE I1
RECOMMENDATION~ We recommend this bid be awarded to the lowest responsible bidder,
DBR Construction, in the mount of $66,425 00 for the base bid only We also recommend that due
to funding availability no alternate be awarded at this time
SUMMARY. Tlus bid is for necessary renovations and repmrs to the Fred Moore Nursery School
and include exterior cleaning, fences, carpet, wall repair, suspended celhngs, counter tops,
bookcases, doors and frames, windows, kitchen equipment, plumbing and electrical repmrs, new
hghtmg, and miscellaneous earthwork
BAC~ Tabulation Sheet
PliOGRAMS, DEPARTMENTS OR GROUPS AFFECTED. Community Development Block
Grant (CDBG Division), participants in the Fred Moore Day Nursery program
FISCAL IMPACT: This project will be funded from Community Development Block Grant
Funds
Respectfully submitted
Rick Svehla
Acting City Manager
Approved
Name Tom D Shaw, C P M
Title Purchasing Agent
688 AGENDA
~# 1846
BID NAME RENOVATION & REPAIRS SOVTr~W£S? DBR
TO FRED MOORE NURSERY rap CONST
SCHOOL - PHASE 2 CONST
d DATE JANUARY 9, 1996
DE$ORtPTIOIbt , _ VENDOR__ - VENDOR ~ENDOR VENDOR VENDOR
BASE BID $69,000 00 $66,426 00
CONTINGENCY $16,000 $15,000 00 $15,000 00
TOTAL BID $84,000 00 $8'1,426 00
ALT # DESCRIPTION
'1 NEW DUTCH DOORS $4,200 00 $2,983 00
2 MASONRY RESTORATION $2,700 00 $'1,600 00
3 KITCHEN EQUIPMENT $4'1,000 00 $45,000 00
4 ALUM WINDOWS $1,400 00 $2,'100 00
6 LAWN IRRIGATION $6,200 00 $'10,600 00
6 EXTERIOR DRINKING $3,'100 00 $6,376 00
FOUNTAIN
COMPLETION 90 CAL. DAYS 1sO CAL DAYS
BID BOND Y[S YEs
STATE OF TEXAS
COUNTY OF DENTON
THIS AGREEMENT, made and entered into this 6 . day of
FEBRUARY A.D., 19 96 .., by and between
CITY OF DENTON
of the County of DENTON and State of Texas, acting
through
thereunto duly authorized so to do, hereinafter termed "OWNER," and
DBR CONSTRUCTION
P.O. BOX 828
DENTON, 'l'KxA-~ 76202
of the City of DENTON , County of DENTON
and State of T~a~ , hereinafter
termed ,,CONTRACTOR."
WITNESSETH: That for and in consideration of the payments and
agreements hereinafter mentioned, to be made and performed by
OWNER, and under the conditions expressed in the bonds attached
hereto, CONTRACTOR hereby agrees with OWNER to commence and
complete performance of the work specified below:
BID ~ 1846 -RENO%rATIONSA~DREPAT~TOFREDMOORE~RRY SCHOOL PHASE II
in the amount of s66.425.00 and all extra work in
connection therewith, under the terms as stated in the General
Conditions of the agreement; and at his (or their) own proper cost
and expense to furnish all materials, supplies, machinery,
equipment, tools, superintendence, labor, insurance, and other
accessories and services necessary to complete the work specified
above, in accordance with the conditions and prices stated in the
Proposal attached hereto, and ~n accordance with all the General
Conditions of the Agreement, the Special Conditions, the Notice to
Bidders (Advertisement for B~ds), Instructions to Bidders, and the
Performance and Payment Bonds, all attached hereto, and in
accordance with the plans, which includes all maps, plats,
CA - i
blueprints, and other drawings and printed or written explanatory
matter thereof, and the Specifications therefore, as prepared by
all of which are made a part hereof and collectively evidence
constitute the entire contract.
Independent Status
It is mutually understood and agreed by and between City and
Contractor that Contractor is an independent contractor and shall
not be deemed to be or considered an employee of the City of
Denton, Texas, for the purposes of income tax, withholding, social
security taxes, vacation or slck 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 d~rect~on of the City Manager of the
City of Denton, Texas, or his designee under this agreement.
Indemnification
Contractor shall and does hereby agree to indemnify and hold
harmless the City of Denton from any and all damages, loss, or
liability of any kind whatsoever, by reason of injury to property
or third persons occasioned by any error, omission or negligent act
of Contractor, its officers, agents, employees, invitees, and other
persons for whom it is legally liable, with regard to the
performance of this Agreement, and Contractor will, at its cost and
expense, defend and protect the clty of Denton against any and all
such claims and demands.
Choice of Law and Venue
This agreement shall be governed by the law of the State of
Texas and venue for its construction and enforcement shall lie in
the courts of Denton County, Texas.
The CONTRACTOR hereby agrees to commence work on or after the
date establlshed 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 ~n 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.
ST: , _ ~
~ OF
ATTEST:
CONTRACTOR
~ILING ~DRESS
PHONE N~ER
F~ ~ER
APPROVED AS TO FORM: (SEAL)
AAA0184D
Rev. 07/28/94
CA - 3
PER.~ORMANC~ 'BOND BOND PREMIUM BASED ON
FINAL CONTRACT PRICE
STATE 'OF T~-XA~ S
BOND NO. 597392
COUNTY OF DENTON S
KNOW ALL HEN BY THESE PRESENTS: That DB~..~N~T~CTION C0.. INC.
, of the City of p~N~ON ....
County of P~%~0~ .... , and State of _ ~
as PRINCIPAL, and CAPITOL INDEMNITY CORPORA.T. ION
, as SURETY, authorized under the laws of
the State of Texa~ to act as surety on bonds for principals, a~a
held and firmly bound unto the C~T~ OF DraYTON
as OWNER, in the penal sum o~ .~T~ cT~ ~.n,,~ m~m ~n.~ ~ .~V~
and no/lO0 .... ,--- Dollars ($ a o ) for the
payment whereof, the said Principal and Surety bind themselves, and
their heirs, administrators, executors, successors and assigns,
~ointly and severally, by these p~esents:
W~EREAS, the Principal has entsred into a certain written
contrast with the OWNER, dated the 6 day of __ FEBrUaRY _ ,
19 96, for the construction of B~D % 1846- ~ENOVATIONS AND ~PAIX~ ~O
whlch contract is hereby referred to and made a part hereof as
fully and to the same extent as if copied at length herein,
NOW, THEREFORE, the condition of this obligation is such, that
if the ~aid principal shall faithfully perform ~aid Contract and
shall in all respects, conditions and agreements in and by said
contract agreed and covenanted by the Principal to be observed an4
performed, and according to the true ln~nt an4 meaning of said
Contract and the Plans and Specifications hereto annexed, then this
oblxgation shall be void; otherwise to remain in full force end
effect;
PROVIDED, HOWEVER, that this bond is executed pursuant to the
provisAons of the T~Kas Government Code, Chapter 22§~ (Vernon, as
currently amended), and all liabilities on this bond mhall be
determined in accordance with said provisions to the same extent a~
if they were copied at length herein,
PB - 1
PROVIDED FURTHER, that if any legal act;ion be filled upon this
bond, Venue shall lis in Denton co~ntyt 5tats of TeXas.
Surety, for value ~ecsivsd, stipulates an~ a~ae, tha~ no
chan~e~ e~ension cE time~ alte~ation o~ a4dition to the te~s of
the COntraCt, Or to th~ ~ork pe~Eo~ed thereunder~ or the plans,
specifications, or drawinqs acco~pany~nq the 8a~e~ shall In any way
affect its obl~gation on this bond~ and It doss hereby waive
o~ any 6~ch ch~ngo~ e~ens~on of ti~e~ alteration or
IN WIT~SS ~OF, the said Principal and Surety have s[~ned
and sealed this instr~ent this 12th day o~ Februar[
19 96 .
DBR C~NSTRUCTIO~ CO.. INC C~PZTOL I~ITY CORPO~TION
.... S~ety
Title' At t°rney-i~l-F~t
Title President
Address~ P o. Bo..x 828 Address: P 0.. Box 5900
....... Denton, Texas 76202 M~d~son~ Wisconsin 53705-090--0
The name and address of the Resident Agent of surety
¥ R. Damiano~ Jr _
17774 Preston Road, Dallas, Texas 75252
NOTE: Date of Bond must not be prior to date of Contract.
R~v. 07/2G/94
PB - 2
PAYMBNT BOND
BOND PREMIUM BASED ON
FINAL CONTRACT PRICE
8TATR OF TEXAS S
BOND NO. 597392
COUNTY OF DENTON S
KNOW ALL MEN BY THESE PRRSENTS: That DRH CONS?~UCTI~ CO.. INC.
. Of the City of
County of p~ .., and the State of ~
a~ prinoipal~ and CAPITOL IND~I~ CORP0~TION
authorized ~der the laws of the Stat~ of Texas to act aa surety on
bonds for principals, are held an~ fi~ly bo~d unto __
· ~ c~ oF p~e , 0~R, in the penal sum
for the pa~ent whereof, ~e ~aid Principal and Surety bind
themselves and th~i~ heirs, a~tnistratora, executors, successors
and assigns, Jointly and ~evera11y, by these presents=
~S, the Principal has entered into a certain
contract with the o~er, dated the ~ . day of
19. 96 .
,BID ~ 1§46-RENOVATIONS AND REPAIP~ TO F~ZD ~0RK I~IR~ERY ~HOOL p~aSE ~T
to WhiCh contract is hereby referrud to and mude a part hereof as
fully and to the same extent as xf copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH,
that if the said Principal shall pay all claimants supplying labor
and material to hie or a subcontractor in the prosecution of the
work provided for in said contract, then this obligation shall be
void, otherwise to remain in full force and effect;
PROVIDED, HOWEVER, that this bond is executed pursuant to
the provisions of the Texas Government Code, Chapter 2~53 (Vernon,
aS O~rrently amended)~ and all liabilities on this bond shall b~
determined in accordance with said previsions to the eame extent as
if they were copied at length herein.
PB - 3
Surety, £or value rsoeived, stipulates and agrees that no
ohanqe, extension of time, alteration or addition to the ter~s o~
o~ any 8u0h ~ange, extension of time~ alteration or eddition to
the te~s of the contraot, or to the work to bo perfo~ed
~ere~der,
IN WI~ESS ~OF, the said Principal and Surety have
si~ed and sealed this lnstr~ent this 12th. day Of February
19 96 ,,
DBR CONSTRUCTION CO. ~ INC CAPITOL INDEMNITY CORPORATION.
[ ~thy 1~ Zacharek
TitlG__Presidant Title At t orney-in-Fa~c_t_ ...
Address:,, P 0 Box 82,8 Address: P.O Box 5900
Denton, Texas 76202 Madison, Wisconsin 53705-0900
The name and address of the ResidentAgent of surety isz
V R Damiano, Jr.
17774 Preston Road, Dallas, Texas 75252
~J~0184D
]Kev. 07/28/94
~ - 4
BOND
THE STATE OF TEXAS S
BOND NO 597392
COUNTY OF DENTON
KNOW ALL HEN BY THESE PRESENTS~ That .n.-~q~..~T~co.. INC.
as Principal, and _ CAPITOL IND~/qITY CORPORATION
a corporation authorized to do business in the State of Texas, as
surety, do hereby acknowledge themselves to be held and bound to
pay unto th~ City 0£ Dcnton~ a Municip~l Corporation of the State
of Texas, its successors and assigns, at Denton, Denton County,
Dollars ($ 6.642.50 ), ten (10%) percent of the total amount of
the ~tract for the payment or.ich sum said principal and surety
do hereby bind themselves, their successors and assigns, jointly
and severally.
This obligation is conditioned, however, that:
WHEREASr said n~cO~ST~crxo~
has this day entered i--~'a written contract with the said City
of Denton to bull8 and construct
which contract and the plans and 5pegiflg&tio~3 th~rgl~ ~¢ntioned~
ad~pted by the city o£ Denton, are f~led with the City Secretary of
sa~d City and are hereby expressly ~ncorporated herein by reference
and made a part hereof a~ though th~ ~=~u w~r~ written ~nd ~at out
in full herein, and~
WH~K~A~ under ~he ~aid plans~ spe¢i~£u&tion~ ~nd Contract,
it is provided that the Contractor will maintain and keep in good
repair the work therein contracted to be done and performed for a
perlod of one (1} yu=r from thc da~ o~ aocegtance thereof and do
all necessary backf~lling that may become necessary in connection
therewith and do all necessary work toward the repair of any
dc£uc~£¥~ COndition growing out of or ar£~ing from the impro~er
construction o£ the improvements contemplated by said contractor on
constructing the same or on account of i~proper excavation or
back~llling, it belng understood that the purpose of this ~ectio.
ts to cover all defective condltion~ arising by reason of defective
materlal~, work, or labor performed by ~aid Contractor, and in case
the sa~d Contractor shall fail to rupair, reconstruct or maintain
said improvements it is agreed that the City ~ay do said work ~n
MB - 1
accordance with said contract and supply such materials and charge
tho same against the said Contractor and its surety on this
obligation, and said contractor and surety shall be subject to the
damages in said contract for each day's failure on the part o~ said
contractor to comply with the terms and provisions of said contract
and this bond.
NOW, THEREFORE~ If the said Contractor ~hall perform its
agreement to maintain said construction and keep same in repair for
the ~aintenanceperiod o~ one (1) year, as herein and said contract
provided, then these presents shall bo null and void and have no
further effect; otherwise, to remain in full force and effect.
It is further agreed that this obXigation shall be a
continuing one against the Principal and Surety and that successive
recoveries may be had h~eon for successive breaches of the
conditions herein provideduntilthe full amount of this bond shall
have been exhausted, and it ks further understood that the
obligation to maintain said work shall continue throughout said
maintenance period, and the same shall not be changed, diminished,
or in any manner affected from any cause during said time.
IN WITNESS WHEREOF, the said ~BR CONSTRUCTION CO ~ INC
as Contractor and Principal, has caused these presents to be
executed by Don Richar4.s~ President
· and the said CAPITOL INDEMNITY CORPORATION
as surety, has caused these pre=ants to be executed by its
Attorney-in-Fact _ Kathy. R.Zacharek
and the said Attorney-in-Fact has hereunto set his hand this 12th
day of February , 19. 96
SURETY: PRINCIPAL:
CAP!~O~' INDEMNITY CORPORATION DBR COgTRUC~ , INC
Kathy R Zacharek Don Richards
...... President
A~A01840
Rev 01/2Q/94
N~ - 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 dispute concerning your premium or about a claim
you should contact the agent or the company first. If the dispute is
not resolved, you may contact the Texas Department of Insurance.
ATI'ACH THIS NOTICE TO YOUR POLICY:
This notice ~s for Information only and does not become a part or
condition of the attached document.
INBEMNITY g01qPOBATION
4610 UNIVERSITY AVENUE SUITF 1400 MADISON WISCONSIN 53705 0900
PLEASE ADDRESS [~,EPLY ]O P O BOX 5900 MAD}SON W1 53705 0900
PHONE(608) 2% 4450 IAX~608/231 2029
POWER OF ATTORNEY No 3 815 3
Know all men by these Presents, That the CAPITOL INDEMNITY CORPORATION, a corporation
of the State of W~sconsm having ~ts pnnc[pal offices m the C~ty of Madison W~scons~n does make consbtute and appoint
..................... V R DAM[ANO, JR, JAMES V DAM[ANO, SHANE A HUMPHREY,- .....................
.................... CANDACEDAMIANO, KATHY R ZACHAREK OR KENNI~TH ZACHAREK ..................
ts true and lawful Attorney(s)-~n-fact to make, execute seal and dehver for and on ~ts behalf as surety, and as *ts act
and deed, any and all bonds, undertakings and contracts of suretyship prov ded that no bond or undertaking or contract
of suretyship executed under th~s authority shall exceed ~n amount the sum of
.................................................. NOTTO EXCEED $5,000,000 00 ............................................
Th~s Power of Attornev ~s granted and ~s s~gned and sealed by facs~m~ e under and by the authority of the following
Resoluhon adopted by the ~oard of D~rectors of CAPITOL INDEMNITY CORPORATION at a meeting duly called and
held on the 5th day of May 1960
RESOLVED ha thePres~dent andVce Pesdent the Secretary or Treasurer acting md*wduallyorotherw~se be and they hereby are granted
he power and authonzatlon o appoint by a Powe o1 A torney for the purposes on y of execut ng and attesbng bonds and undertakings and other
wnhn s obh atory m the nature hereof one or more resident vce pres den s ass s an secretanes and attorney s m fact each appointee to have
g g ~ cum an the s~ nature of such officers and seal ut the Company may be a xed
the powers and dutes usua o such o cas to the bus~ness of ths p y g - ,
to any such power of attorney or to any cerhhcate relating thereto by acslmde and any such power of attorney or cerhhcate bearing SUCh lacs~mue
si n ures or facs*mde seat shall be va id and binding upon the Company and any such powe so executed and certified by lacs~mlle signatures and
agcsamt de sea' shall be vahd and binding 'upon the Company 'n the future with respect to any bond or undedak ng or other wntlng obligatory in the
nature thereof to which i1 is attached Any such appo~ntmen may be revoked fo cause or w thout cause by any of said off cars at any time
IN WITNESS WHEREOF, the CAPITOL INDEMNITY CORPORATION has caused these presents to be signed by
~ts officer undersigned and ~ts corporate seal to be hereto afhxed duly attested by ~ts Secretary this 1st day of June 1993
CAPITOL INDEMNITY CORPORATION
Attest
'
Vlrgdlne M Schulte Secretary ~_~ (COloPhOn,RATE/~/;~ Fait President
STATE OF WISCONSIN
COUNTY OF DANE
On the 1st day of June, A D, 1993 before me personally came George A Fa~t, to me known, who being by me duly
sworn, d~d depose and say that he resides m the County of Dane, State of W~scons~n, that he ~s the President of
CAPITOL INDEMN TY CORPORATION the corporabon described n and which executed the above ~nstrument that
he knows the seal of the sa~d corporation, that the seal affixed to sa~d instrument ~s such corporate sea, that ~t was so
affixed by order of the Board of D~rectors of sa~d corporation and that he s~gned h~s name thereto by hke order
STATE OF WISCONSIN ~ -
COUNTY OF DANE
CERTIFICATE
I the undersigned duly elected to the ofhce stated below, now the ~ncumbent ~n CAPITOL INDEMNITY
CORPORATION a W~sconsln Corporation authorized to make th~s certd~cate, DO HEREBY CERTIFY that the foregoing
attached Power of Attorney remains in full force and has not been revoked and furthermore that the Resolution of the
Board of Directors set forth m the Power of Attorney ,s now m torce
S~gned and sealed at the Oily ut Madison Dated the ! 21:~ day of February 19 96
CITY OF DENTON
INSURANCE REQUIREMENTS FOR CONTRACTORS
Bidder's attent,on is d,rected to the insurance requ,rements below It Is highly
recommended that bidders confer with their respective insurance carriers or brokers
to determine ,n advance of Bid submission the availability of insurance certificates and
endorsements as prescribed and 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 b,d 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
W~thout hm~tmg any of the other obhgatmns or hab~htms of the Contractor, the
Contractor shall prowde and maintain until the contracted work has been completed
and accepted by the C~ty of Denton, Owner, the minimum insurance coverage as
indicated hereinafter
As soon as practicable after notification of b~d award, Contractor shall file w~th the
Purchasing Department satmfactory certificates of insurance, contmmng the b~d
number and t~tle of the project Contractor may, upon wntten request to the
Purchasing Department, ask for clanhcatlon of any ~nsurance requirements at any
t~me, however, Contractors are strongly advised to make such requests prior to b~d
opening, since the insurance requirements may not be modified or wmved after
opening unless a written exception has been submitted w~th the b~d Contractor shall
not commence any work or deliver any material until he or she receives notification
that the contract has been accepted, approved, and s~gned by the City of Denton
All insurance policies proposed or obtained m satisfaction of these requirements shall
comply w~th the following general spemhcatlons, and shall be maintained in
comphance w~th these general spemflcat~ons throughout the duration of the Contract,
or longer, if so noted
· Each pohcy shall be ~ssued by a company authorized to do bumness ~n
the State of Texas w~th an A M Best Company rating of at least
· Any deductibles or self-insured retentions shall be declared ~n the b~d
proposal If requested by the City, the insurer shall reduce or ehmmate
such deductibles or self-~nsured retentions w~th respect to the CKy, its
2 95 INSURANCE - 1 FRED MOORE CHILD CARE
Insurance Requirements
Page 2
offlcmls, agents, employees and volunteers, or, the contractor shall
procure a bond guaranteeing payment of losses and related
investigations, claim administration and defense expenses
· Llablhty pohmes shall be endorsed to prowde the follow~ng
· ® Name as additional insured the City of Denton, ~ts Ofhcmls,
Agents, Employees and volunteers
· ® That such insurance ~s primary to any other insurance available to
the additional insured with respect to claims covered under the
policy and that this insurance apphes separately to each insured
against whom claim is made or su~t ~s brought The inclusion of
more than one insured shall not operate to ~ncrease the insurer's
hm~t of liability
· All policies shall be endorsed to prowde thirty(30) days prior written
notice of cancellation, non-renewal or reduction m coverage
· Should any of the required ~nsurance be provided under a claims-made
form, Contractor shall maintain such coverage continuously throughout
the term of this contract and, w~thout lapse, for a per~od of three years
beyond the contract expiration, such that occurrences arming during the
contract term which g~ve r~se 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 hm~t prowdmg for
claims invest~gatmn or legal defense costs to be included ~n the general
annual aggregate hm~t, the contractor shall e~ther double the occurrence
hmlts or obtain Owners and Contractors Protective L~ab~hty insurance
· Should any required ~nsurance lapse dunng the contract term, requests
for payments originating after such lapse shall not be processed until the
City receives satmfactory evidence of reinstated coverage as required by
this contract, effective as of the lapse date If insurance ~s not
reinstated, C~ty may, at ~ts sole option, terminate this agreement
effective on the date of the lapse
AFFOOBA{
REVISED 10112194
2-95 INSURANCE 2 FRED MOORE CHILD CARE
Insurance Requirements
Page 3
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS:
All insurance policies proposed or obtained ,n satisfaction of this Contract shall
additionally comply with the following marked specifications, and shall be maintained
~n comphance w~th these additional specifications throughout the duration of the
Contract, or longer, ~f so noted
General Llablhty Insurance
General Liability insurance w~th combined single limits of not less than __
$~..noo.oooshall be prowded and maintained by the contractor The policy
shall be written on an occurrence bas~s e~ther ~n a single policy or ~n 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 operattons, ~ndependent contractors, contractual liability
covering th~s contract and broad form property damage coverage
· Coverage B shall include personal injury
· Coverage C, medical payments, ~s not required
If the Comprehensive General Liability form (ISO Form GL 0002 Current
Edition and ISO Form GL 0404) ~s used, it shall include at least
· Bodily injury and Property Damage L~ablllty 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 this contract, personal ~njury Imblhty and broad form
property damage I~ablhty
AFFOOBAI
REVISED 10/12/94
2-95 INSURANCE - 3 FRED MOORE CHILD CARE
Insurance Requirements
Page 4
Ix] Automobile Liabihty Insurance'
Contractor shall provide Commercml Automobde Llabd~ty insurance w~th
Combined Single L~m~ts (CSL) of not less than ~5o0,oo0 e~ther In a single
pohcy or in a comb~natmn of basic and umbrella or excess pohcms The pohcy
wdl include boddy ~njury and property damage habd~ty arising out of the
operatmn, maintenance and use of all automobdes and mobde equipment used
In conjunction with this contract
Satlsfactmn of the above requirement shall be ~n the form of a pohcy
endorsement for
· any auto, or
· all owned, h~red and non-owned autos
Workers Compensation Insurance
Contractor shall purchase and maintain Worker's Compensation ~nsurance
which, ~n addition to meeting the m~n~mum statutory requirements for ~ssuance
of such insurance, has Employer's L~ab~hty hm~ts of at least $100,000 for each
acmdent, $100,000 per each employee, and a ~500,000 pohcy hm~t for
occupational disease The C~ty need not be named as an "Additional Insured"
but the insurer shall agree to waive all rights of subrogation against the C~ty,
~ts offlcmls, agents, employees and volunteers for any work performed for the
C~ty by the Named Insured For budding or construction projects, the
Contractor shall comply w~th the prows~ons of Attachment 1 m accordance
w~th §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 L~ab,hty Insurance
The Contractor shall obtain, pay for and maintain at all t~mes during the
prosecution of the work under this contract, an Owner's and Contractor's
Protective L~abd~ty insurance pohcy naming the C~ty as insured for property
damage and boddy mlury which may anse m the prosecution of the work or
contractor's operations under thru contract Coverage shall be on an
AFF00BAI
REVISED 10/12194
2-95 INSURANCE 4 FRED MOORE CHILD CARE
Insurance Requirements
Page 5
"occurrence" bas~s, and the policy shall be issued by the same ~nsurance
company that carries the contractor's hab~hty ~nsurance Pohcy limits will be
at least combined bodily injury and property damage per
occurrence with a aggregate
[ ] Fire Damage Legal Llabdlty Insurance
Coverage is required ~f Broad form General Liability is not provided or ~s
unavadable to the contractor or if a contractor leases or rents a portion of a
City budding Limits of not less than. each occurrence are required
Professional Llabd~ty Insurance
Professional llabd~ty insurance with hm~ts not less than per claim
w~th respect to neghgent acts, errors or omissions in connection w~th
professional serwces ~s required under th~s Agreement
Broiders' Rink Insurance
Builders' Risk insurance, on an AII-R~sk form for 100% of the completed value
shall be provided Such pohcy shall include as "Named Insured" the C~ty of
Denton and all subcontractors as their interests may appear
[ ] Additional Insurance
Other insurance may be required on an ind~wdual bas~s for extra hazardous
contracts and specific service agreements If such additional ~nsurance is
required for a specific contract, that requirement wdl be descnbed in the
"Specific Conditions" of the contract specifications
AFFOOBA I
REVISED 10112194
2-95 INSURANCE - 5 FRED MOORE CHILD CARE
Insurance Requirements
Page 6
ATTACHMENT 1
[x] Worker's Compensation Coverage for Budding or Construction Projects for
Governmental Ent~t~es
A Deflmt~ons
Certificate of coverage ("cert~f~cate")-A copy of a cert~hcate of insurance,
a cert~hcate of authority to self~insure ~ssued by the commission, or a
coverage agreement (TWCC-S1, TWCC-$2, TWCC-83, or TWCC-84),
showing statutory workers' compensation ~nsurance coverage for the
person's or ent~ty's employees prowdmg serwces on a project, for the
duration of the project
Duration of the project- ~ncludes the t~me from the beginning of the work
on the project untd the contractor's/person's work on the project has been
completed and accepted by the governmental entity
Persons pr~wd~ng serwces on the proJect ("subcontractor" m §406 096) -
includes all persons or entities performing all or part of the serwces the
contractor has undertaken to perform on the proJect, regardless of whether
that person contracted directly w~th the contractor and regardless of
whether that person has employees This ~ncludes, w~thout hm~tat~on,
~ndependent contractors, subcontractors, leasing compames, motor
carrmrs, owner-operators, employees of any such entity, or employees of
any entity which furmshes persons to provide serwces on the project
"Servmes" include, without hm~tat~on, providing, hauhng, or dehvermg
equipment or matenals, or providing labor, transportation, or other serwce
related to a project "Serwces" does not include act~wt~es unrelated to the
project, such as food/beverage vendors, ofhce supply dehver~es, and
delivery of portable todets
B The contractor shall provide coverage, based on proper reporting of
class~hcat~on codes and payroll amounts and hhng of any overage
agreements, whmh meets the statutory requirements of Texas Labor Code,
Section 401 011(44) for all employees of the contractor prowdmgserv~ces
on the project, for the duration of the project
AFFOOBAI
REVISED 10112194
2-95 INSURANCE 6 FRED MOORE CHILD CARE
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, pnor
to the end of the coverage period, file a new cert~hcate of coverage w~th
the governmental entity showing that coverage has been extended
E The contractor shall obtain from each person prowdmg serwces on a
project, and prowde 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 serwces on the
project, and
(2) no later than seven days after receipt by the contractor, a new
certlhcate of coverage showing extension of coverage, ~f the coverage
per~od shown on the current certificate of coverage ends during the
duratmn of the project
F The contractor shall retain all required certificates of coverage for the
durat,on of the project and for one year thereafter
G The contractor shall not~fy the governmental entity ~n wnt~ng by certified
mall or personal delivery, w~thln 10 days after the contractor knew or
should have known, of any change that matermlly affects the prows~on of
coverage of any person prowd~ng serwces on the project
H The contractor shall post on each project site a not~ce, in the text, form and
manner prescribed by the Texas Workers' Compensation Commission,
~nform~ng all persons prowdmg services on the project that they are
required to be covered, and stating how a person may verify coverage and
report lack of coverage
AFF[X~AI
REVISED 10112/~4
~ 2-95 INSURANCE - 7 FRED MOORE CHILD CARE
Insurance Requirements
Page 8
The contractor shall contractually require each person w~th whom ~t
contracts to prowde serwces on a project, to
{1 ) prowde coverage, based on proper reporting of class~fmat~on codes and
payroll amounts and hhng of any coverage agreements, which meets
the statutory requirements of Texas Labor Code, Sectmn 401 011 (44)
for all of ~ts employees providing serwces 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 ~s being
prowded for all employees of the person prowd~ng serwces on the
project, for the duration of the project,
{3) provide the contractor, prior to the end of the coverage per~od, a new
certificate of coverage showing extension of coverage, ff the coverage
per~od shown on the current cert~hcate of coverage ends during the
duration of the project,
{4) obtain from each other person w~th whom ~t contracts, and prowde to
the contractor
{a) a certificate of coverage, prior to the other person beginning work
on the project, and
{b) a new certffmate of coverage showing extension of coverage, prior
to the end of the coverage per~od, ~f the coverage permd shown on
the current cert~hcate of coverage ends during the duration of the
project,
(5) retain all required cert~hcates of coverage on hie for the duration of the
project and for one year thereafter,
(6) notify the governmental entity ~n writing by cert~hed ma~l or personal
dehvery, w~th~n 10 days after the person knew or should have known,
of any change that materially affects the prows~on of coverage of any
person providing services on the project, and
AFF00BAI
REVISED 10112194
2-95 INSURANCE - 8 FRED MOORE CHILD CARE
Insurance Reqmrements
Page 9
(7) contractually require each person w~th whom it contracts, to perform
as required by paragraphs (1) - (7), with the certificates of coverage to
be provided to the person for whom they are providing services
J By signing this contract or providing or causing to be provided a certificate
of coverage, the contractor is representing to the governmental entity that
all employees of the contractor who will prowde services on the project w~ll
be covered by workers' compensatmn coverage for the duration of the
project, that the coverage will be based on proper reporting of classification
codes and payroll amounts, and that all coverage agreements will be filed
with the appropriate insurance carrier or, in the case of a self-insured, w~th
the commission's Division of Self-insurance Regulation Providing false or
misleading information may subject the contractor to administrative
penalties, cnm~nal penalties, civil penalties, or other clwl actions
K The contractor's failure to comply w~th any of these provisions ~s a breach
of contract by the contractor which ent~tles the governmental entity to
declare the contract void if the contractor does not remedy the breach
within ten days after receipt of not~ce of breach from the governmental
entity
AFF00BAI
REVISED 10/t21~l
INSURANCE - 9 FRED MOORE CHILD CARE
2-95
BID FOR LUMP SUM CONTRACT
Propos~o~BR CONSTRUCTION COMPANYr INC.
P.O BOX 828
DENTONr TEXAS 76202
(hereinafter called "B~dder'), *a corporation, organized and emsting under the laws of the State of
Texas, *a partnership or *an individual doing business as
TO CITY OF DENTON
PURCHASING DEPARTMENT
ATTN TOM SHAW
901-B TEXAS ST
DENTON, TEXAS 76201
Gentlemen
The undersigned, in comphance with your invitation for b~ds for the RENOVATIONS AND REPAIRS
TO FRED MOORE NURSERY SCHOOL PHASE TWO, 821 CROSS TIMBERS, DENTON, TEXAS,
having examined the drawings and specifications with related documents and the site of the proposed
work, and being fam~har w~th all of the conditions surrounding the construction of the proposed work,
hereby proposes to furnish all labor, material, equipments, and supplies and to construct the project
m accordance w~th the Contract Documents, and at the price set forth below These prices are to cover
alt expenses ~ncurred m performing the work required under the Contract Documents of which th~s
proposal ~s a part
AD~)ENDA
The B~dder further agrees, and acknowledges, the following Addenda have been received and that the
entire contents thereof have been incorporated into th~s Proposal
No ,A,/~' , dated No , dated
No , dated No __, dated
10 95 PROPOSAL FORM 1 FRED MOORE CHILD CARE PHASE 2
BASE BID
B~dder agrees to perform all of the work described In the specifications and shown on the. drawings
except for the b~d items hsted below for the sum of ~'"'f~'~'~ ~,~--
ALTERNATE BID ITEM NO, 1.
Includes all costs associated with the substituting of the ex~stlng wood dutch doors and the installation
of new wood du, tch dpors as described in the spemflcatlons and shown on the drawings for the sum
($ .Z~ ?.~_w ~ _) **
ALTERNATE BID ITEM NO. 2,
Includes ali costs associated w~th providing the Exterior Masonry Restoration as described in the
specthcat~ons and shown on the drawings for the sum of ~"~_ _~ .-~,-'.,~ o,.r,e ,,~ ~/
($ ~ ,-<"~ ~ _) **
ALTERNATE BID ITEM NO. 3
Includes all costs associated w~th prowdmg and installing the Kitchen eqwpmen[ as described m the
spec~hcat~ons and shown on the drawings for the sum of ~.~
($ .,~S--~O. ~ _) **
A,L.TI~RNATE I~10 iTEM NO. 4
Inctudes all costs associated with providing and ~nstalhng the Atummum window screens ~t each
operable sash as shown on the drawings for the sum of
(~ .~../~, _) **
10 95 PROPOSAL FORM - 2 FRED MOORE CHILD CARE PHASE 2
/~_TERNATE BID iTEM NO. 5.
Includes all costs associated w~th provtdigg and mstatl~n.g the lawn ~mgat~on system as shown on the
drawings for the sum of
($ _) **
ALT~RNAT~ BID iTEM NO. 6.
includes all costs associated with prowd~ng and ~nstalling the Exterior Drink,rig Fountain, ~n ground
valve ~x and associated plumbing as shown on the draw,rigs for the sum of
($ _)**
** Amount shall be shown ~n both words and figures In case of d,screpancy, the amount sh~n ,n
words will govern
CASH A~OWANCES
The undersigned acknowledges the mc~porat~on of cash allowances ~nto th~s proposal as follows
CASH A~OWANCE ............. $ $15.000 00
TIME FOR COMPLETION OR LIQUIDATED DAMAGES
The undersigned agrees to complete all of the work required ~n the Base B,d ready for the owner s
acceptance, with,n ~ calendar days after the Not~ce to Proceed Is g~ven by the Owner,
and as set forth In the Special Conditions, and fully real~zing that the Contract wdl carry liquidated
damage prov,s,ons
10 95 PROPOSAL FORM 3 FRED MOORE CHILD CARE PHASE 2
STATE SALES TAX
tt is understood that this prolect Is exempt from the State Sales Tax and the proposal amounts quoted
herein do not Include State of Texas Sales Tax
The undersigned B~dder further agrees to the following conditions
An Incomplete Proposal or one hawng additional ~nformat~on or other mod~flcaMons ~nscr~bed
thereon, may be cause for relecMon of the entire Proposal
2 That, if accepted by the Owner, this Proposal becomes a part of the Contract Documents upon
the s~gmng of the Contract Agreement, and fa~ling to comply w~th any part of th~s Proposal w~ll
be taken as failure for the Bidder to comply w~th the Contract Documents and will be Just cause
for relect~on of the work
3 That the Owner reserves the r~ght to reject any or all b~ds and waive Informalities and
trregulamles or to accept any bid considered advantageous to h~m
4 That he, the Bidder, will not withdraw th~s Proposal for a per~od of thirty (30) days from the date
hereof
5 This project to which the construction work covered by th~s contract pertains is being asmsted
by the United States of America and the Federal Labor Standards Provisions which are included
m this Contract pursuant to the provimons apphcable to such Federal assistance
Respectfully submitted,
DBR CONSTRUCTION COMPANY , INC.
Bidder
P.O. BOX 828
DENTON, TEXAS 76202
AddresS'
,~ttTor ,ze d-O~
~' DON RICHARDS
PRESIDENT
TIMe
' /9/96
Date
10 95 PROPOSAL FORM 4 FRED MOORE CHILD CARE PHASE 2
F~o~uc,~ 1141S OERTIRCATE IS I~UEO AS A MAI'rER OF INFORMA'IION ONLY AND
CONFERS NO RIGHTS UPON THE OERT~flCATE HOLDER. THIS CBRTIIRC&TE
DOES NOT AMEND, EXTEND OR AL'I~R THE COVERAGE AFFORDED BY THE
RAMEY & KING IN~URANCE POUCIEB BELOW
~ s ~-,~E, s~m~ k COMPANIES AFFORDING COVERAGE
Denton 'rx
co~ A ~=ot~d~le IM41ranoe Co
co~.w 13 Trinity Unlvar~l ~t K~n~
Cou~N~'v C T~xen Wo~ Cm~p Im~ Fund
D E R Conntnau'~dml
Don Rlch~d~
P O Box 6~ ¢o~ D
co~r~ E
THIS iS TO CEI~i~FY THAT 33-1E POUCIE~ OF INSURANCE USTED BELOW HAVE BI-:L"N IS.~UBo TO THE INSDRF. D N~MPO AGOVE FOR TH£ POUCY PERIOD
INDICATED NOTWITHSTANDING ANY REQUIREMENT TE~M OR CONDrflON O~ A~Y CON]RAOT OR OTHER DDCUMENT WITH RESPECT TO WHICH THIS
CERTIFICA3F. MAY BE ISSUED OR MAY pErtAIN, THF. INSURANCE AFFORDED BY THE POUCIES DESCfllBEO HI~I~N IS SUBJECT TO ALL THE TERMS
~CLU$IONS AND CONDiTiONS OF SUCH POUCI~$ UMI~ SHOWN MAY HAVE SEEN ~DUC~D BY PAJD CLAJM$
~ G~'"TWE ~o~Y EX~iK~'no# LK4n'S
X ¢O~¢L~. O~:~EP..~ ~*UT~* ~ BJ. AND P D r.oouC:m~Ot~,o~' ,~oo $ 1000000
X NONSKED
City of Denton Ire Off[cia~ Agent& EmBioyeee and Vold~ ..t~_ ,l~..~howa aa
Addlt oral n~red under th~ (~1 Ll~llllty and Autmtlobll!
WofKeo~' Coml~aatl~a Polk;y r,~vm'a Executive ~1~ ~ly
~PI~N DA~ ~EREOF ~[ 1~SUING COMPANY WILL [ND~VOR TO
~ MNL ~ DAYS WRI~N NO.CE TO THE CERTIFICA~ HO~ER N~ED TO ~E
CI~ et D~t~
AI~ Pu~lng