2007-071
ORDINANCE NO. 200 'i- 01/
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS
CONTRACT FOR THE CONSTRUCTION OF A SINGLE FAMILY RESIDENCE THROUGH
THE CITY OF DENTON COMMUNITY DEVELOPMENT DIVISION; PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID
371O-SINGLE F AMIL Y NEW CONSTRUCTION 816 ALLEN ST. A WARDED TO DELTA ONE
CONSTRUCTION SERVICES IN THE AMOUNT OF $103,392).
WHEREAS, the City has solicited, received and tabulated competItIve bids for the
construction of public works or improvements in accordance with the procedures of State law and
City ordinances; and
WHEREAS, the City Manager or a designated employee has received and recommended that
the herein described bids are the lowest responsible bids for the construction of the public works or
improvements described in the bid invitation, bid proposals and plans and specifications therein;
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The following competitive bids for the construction of public works or
improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on
file in the Office ofthe City's Purchasing Agent filed according to the bid number assigned hereto,
are hereby accepted and approved as being the lowest responsible bids:
BID
NUMBER
CONTRACTOR
AMOUNT
3710
Delta One Construction
$103,392
SECTION 2. 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, unti I such person shall comply with all requirements
specified in the Notice to Bidders including the timely execution ofa written contract and furnishing
of performance and payment bonds, and insurance certificate after notification of the award ofthe
bid.
SECTION 3. The City Manager is hereby authorized to execute all necessary written
contracts for the performance of the construction of the public works or improvements in accordance
with the bids accepted and approved herein, provided that such contracts are made in accordance
with the Notice to Bidders and Bid Proposals, and documents relating thereto specifYing the terms,
conditions, plans and specifications, standards, quantities and specified sums contained therein.
SECTION 4. Upon acceptance and approval ofthe above competitive bids and the execution
of contracts for the public works and improvements as authorized herein, the City Council hereby
authorizes the expenditure of funds in the manner and in the amount as specified in such approved
authorizes the expenditure of funds in the manner and in the amount as specified in such approved
bids and authorized contracts executed pursuant thereto.
SECTION 5. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the Z '7 M day of .;l(/lrf0
,2007.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
~
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
BY: ~~~
3-~3710
CONTRACT AGREEMENT
STATE OF TEXAS
§ COUNTY OF DENTON §
THIS AGREEMENT, made and entered into this 27th day of March
A.D., 2007, by and between City of Denton of the County of Denton
and State of Texas, acting through George C. Campbell, City Manager
thereunto duly authorized so to do, hereinafter termed "OWNER," and
Delta One Construction Services
Denton, TX 76208
of the City of Denton , County of Denton and State of Texas ,hereinafter
termed "CONTRACTOR."
WITNESSETH: That for and in consideration of the payments and agreements hereinafter
mentioned, to be made and performed by OWNER, and under the conditions expressed in the bonds
attached hereto, CONTRACTOR hereby agrees with OWNER to commence and complete
performance of the work specified below:
Bid #3710 - Single Family New Construction - 816 Allen St., Denton, TX
in the amount of $ 103,392.00 and all extra work in connection therewith, under the terms as stated
in the General Conditions of the agreement; and at his (or their) own proper cost and expense to
furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and
other accessories and services necessary to complete the work specified above, in accordance with
the conditions and prices stated in the Proposal and the Performance and Payment Bonds, attached
hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions,
the Notice to Bidders (Advertisement for Bids), and Instructions to Bidders, as referenced herein
and on file in the office of the Purchasing Agent, and in accordance with the plans, which includes
all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof, and
the Specifications therefore, as prepared by:
City ofDenton Staff
all of which are referenced herein and made a part hereof and collectively evidence and constitute
the entire contract.
CA-1
Independent Status
It is mutually understood and agreed by and between City and Contractor that Contractor is
an independent contractor and shall not be deemed to be or considered an employee of the City of
Denton, Texas, for the purposes of income tax, withholding, social security taxes, vacation or sick
leave benefits, worker's compensation, or any other City employee benefit. City shall not have
supervision and control of Contractor or any employee of Contractor, and it is expressly understood
that Contractor shall perform the services hereunder according to the attached specifications at the
general direction of the City Manager of the City of Denton, Texas, or his designee under this
agreement.
Indemnification
Contractor covenants and agrees to and does hereby indemnify, hold harmless and defend, at
its own expense, Owner, its officers, servants and employees, from and against any and all claims or
suits for property loss or damage and/or personal injury, including death, to any and all persons, of
whatsoever kind or character, whether real or asserted, arising out of the Work and services to be
performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or
invitees, whether or not caused, in whole or in part, by the alleged negligence of the officers,
servants, employees, of the Owner. Contractor likewise covenants and agrees to, and does hereby,
indemnify and hold harmless Owner during the performance of any of the terms and conditions of
this Contract, whether azising out of in whole or in part, any and all alleged acts or omissions of
officers, servants, or employees of Owner. The provisions of this paragraph are solely for the
benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise,
to any other person or entity.
Choice of Law and Venue
This agreement shall be governed by the law of the State of Texas and venue for its
construction and enforcement shall lie in the courts of Denton County, Texas.
The CONTRACTOR hereby agrees to commence work on or after the date established for
the start of work as set forth in written notice to commence work and complete all work within the
time stated in the Proposal, subject to such extensions of time as are provided by the General and
Special Conditions.
The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown
in the Proposal, which forms a part of this contract, such payments to be subject to the General and
Special Conditions of the Contract.
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IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the
year and day first above written.
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City of Denton
OWNER
BY:
(SEAL)
ATTEST:
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CONTRACTOR
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MAILING ADDRESS
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PHONE NiJMBER
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FAX Ni.JMBER
APPROVED AS TO FORM:
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Y ATTORNE
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PRINTED NAME
(SEAL)
CA-3
PERFORMANCE AND PAYMENT AGREEMENT
In lieu of a performance or payment bond, the City of Denton Community Development Division, hereinafter
referred to as OWNER, will require contractors bidding on the Single Family New Construction-816 Allen
St., Denton, TX Project to agree to the following regarding payment methods to ensure the project is protected,
financially, and can be completed without loss to the City:
By signing below, bidding contractor agrees to the following:
Unless otherwise agreed to in writing, signed by OWNER and the CONTRACTOR, payment for the work the
subj ect of this BID shall be made in no more than seven (7) payments as follows:
The total contract sum will be paid in seven payments consisting of five partial payments, one final
payment and one statutory retainage payment as provided herein. A 10 percent statutory retainage
securing satisfactory completion of construction shall be withheld from partial and final payments. The
first six payments are payable to CONTRACTOR within twenty (20) days after the work is completed
and the OWNER receives the CONTRACTOR'S satisfactory release of claims for liens by sub-
contractors, laborers, and materials supplied for completed work or installed materials from a prior
payment have been received (release of claims for a previous partial payment must be received before
another partial payment can be requested). Payments may be requested for completed work at not less
than the following construction milestones:
Partial Payment #1. Slab completion
Partial Payment #2. "In The Dry." (Framed, doors, windows and roof installed)
Partial Payment #3. "Seconds Inspection"
Partial Payment #4. Brickwork, Sheetrock, tape, bed, texture and paint
Partial Payment #5. Trim-out, Cabinets/Countertops, misc. completed work
Final Payment #6 Project completed with approved building final and OWNER final
inspection passed.
Statutory Retainage Payment #7: The 10 percent statutory retainage withheld from the
first six payments of the contract sum shall be paid after the expiration of thirty (30) days
from the date of final payment completion as defined above, provided the CONTRACTOR
has completed all punch list items to the satisfaction of OWNER, and OWNER has received
all required documentation required by this contract, thereby releasing these funds. Tn the
event OWNER is not satisfied with the project or has not received all documents required by
this contract, the statutory retainage payment shall be held until CONTRACTOR satisfactorily
completes any remaining construction, repairs or contract agreements as required by this
contract.
General Conditions:
(1) This Contract cannot be assigned without consent of the OWNER.
(2) DELAYS; EXTENSION OF TIME; LIQUIDATED DAMAGES
The CONTRACTOR shall be entitled to an extension of working time under this contract
only when claim for such extension is submitted to the OWNER in writing by the
CONTRACTOR within seven days from and after the time when any alleged cause of delay
shall occur, and then only when such time is approved by the OWNER. In adjusting the
contract working time for the completion of the project, unforeseeable causes beyond the
control and without the fault or negligence of the CONTRACTOR, including but not
restricted to inability to obtain supplies and materials, acts of God or the public enemy, acts of
PPA 1
the OWNER, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes,
unusually severe weather conditions or delays of subcontractors due to such causes beyond
their control shall be taken into consideration.
If the satisfactory execution and completion of the contract should require work and materials
in greater amounts or quantities than those set forth in the contract, requiring more time for
completion than the anticipated time, then the contract working time shall be equitably
increased, but not more than in the same proportion as the cost of the additional work bears to
the cost of the original work contracted for. No allowances shall be made for delays or
suspension of the performance of the work due to the fault of the CONTRACTOR.
No adjustment to working time shall be made if, concurrently with the equitable cause for
delay, there existed a cause for delay due to'the fault or negligence of the CONTRACTOR,
his agents, employees or subcontractors; and no adjustment shall be made [o the contract price
and the CONTRACTOR shall not be entitled to claim or receive any additional compensation
as a result of or arising out of any delay resulting in adjustment to the working time hereunder,
including delays caused by the acts or negligence of the OWNER. Notwithstanding any other
provision of the contract documents, all claims for extension of working time must be
submitted in accordance with Item (3), and no act of the shall be deemed a. waiver or
entitlement of such extension.
(3) LIQUIDATED DAMAGES FOR FAILURE TO COMPLETE ON TIME
The time of completion is the essence of this contract. For each calendar day that any work
shall remain uncompleted after the time specified in the proposal and the contract, or the
increased time granted by the OWNER, or as equitably increased by additional work or
materials ordered after the contract is signed, the sum per day given in the following schedule,
unless otherwise specified in the special provisions, shall be deducted from the monies due the
CONTRACTOR.
Amount of Contract ($) Amount of Liquidated Damaees ($)
50,000.00 to 99,999.99 160.00 Per Day
100,000.00 to 1,000,000.00 240.00 Per Day
The sum of money thus deducted for such delay, failure or on completion is not to be
considered as a penalty, but shall be deemed, taken and treated as reasonable liquidated
damages, per calendar day that the CONTRACTOR shall be in default after the time
stipulated in the contract for completing the work. The said amounts are fixed and agreed
upon by and between OWNER and CONTRACTOR because of the impracticability and
extreme difficult of fixing and ascertaining the actual damages the OWNER in such event
would sustain and said amounts aze agreed to be the amount of damages which the OWNER
would sustain and which shall be retained from the monies due, or that may become due, the
CONTRACTOR under this contract; and if said monies be insufficient to cover the amount
owing, then the CONTRACTOR or his surety shall pay any additional amounts due.
(4) The parties further state that to the best of their knowledge no member of the City Council of
the City of Denton and no other officer, employee, or agent of said authority who exercises
any functions or responsibilities in connection with the carrying out of the Project to which
this Contract pertains, has any personal interest, direct or indirect, in this Contract. Further,
PPA 2
no member of or any delegate to the Congress of the United States shall knowingly be
admitted to any share or part of this contract or to any benefit to arise from the same.
The CONTRACTOR Shall:
( 1) Furnish all labor, materials, supervision and services necessary to do the work specified in
accordance with the below listed documents which are part of this contract for the total sum of
BID.
The CONTRACT DOCUMENTS are:
( 1) Contract Agreement and its General Conditions
( 2) General Notes to Contractor including spec sheets and attachment on tree protection.
( 3) Building and Site Plans
( 4) Contractors Performance Manual whether or not
physically attached
( 5) Any appendixes or attachments to contract
( 6) 2003 Residential Code and City of Denton Development Code whether or not physically
attached
( 2) Start the work to be performed within ten (10) days from the date of executed Contract and
shall diligently pursue same until work is complete; said work to be completed on or before
time being of the essence, (150 days from date of this contract).
( 3) Obtain and be responsible for obtaining of all necessary pemuts for the work to be performed
and that the job being done or any part thereof shall not be deemed as finished until accepted
by the OWNER and passed by the authorized inspector of the City of Denton, Texas,
responsible for any such permit as complete and satisfactory.
( 4) Secure Worker's Compensation and Employer's Liability Insurance for all persons engaged in
the work at the site as may be required by state or local law and secure Contractor's Public
Liability and Property Damage Insurance, Builder's Risk rider as required by Section 1.02 of
Division I of the General Conditions of the Contractor's Manual.
PPA 3
(5) Indemnify and hold harmless Owner, its officers, employees, and representatives from
and against all liability for any and all claims, suits, demands, or actions arising from or
based upon any acts on the part of the Contractor, his agents, representatives, or
employees, which may arise out of or result from Contractor's operations under this
contract, regardless of whether such injuries, death or damages are caused in whole or in
part by the negligence of the City of Denton. It is the express intention of the parties
hereto that the indemnity provided for in this contract is indemnity by Contractor to
indemnify and protect the City of Denton from the consequences of it's negligence,
whether the negligence is the sole or concurring cause of the injury, death, or damage.
This indemnity provision extends to any and all such claims, suits, demands or actions
regardless of the type of relief sought thereby, and whether such relief is in the form of
damages, judgments, costs, reasonable attorney's fees and expenses. This indemnity
provision shall apply regardless of the natwe of the injury or harm alleged and whether
such claims are alleged at common law, statutory, or constitutional. This indemnity
provision shall apply whether the basis for the claim, suit, or demand be attributable in
whole or in part to the Contractor, or any of his agents, representatives, or employees and
shall be effective whether or not payments may have been made by the City of Denton
for all or par[ of the work to be done hereafter.
( 6) Keep the premises clean and orderly during the course of the work and remove all debris
at the completion of the work (materials and equipment that have been removed and
replaced as part of the work shall belong to the CONTRACTOR).
( 7) Exercise proper precaution at all times for the protection of persons and property and
shall be responsible for all damages to persons or property, either on or off the site,
which occur as a result of his prosecution of the work. The safety provisions of
applicable laws and building and construction codes shall be observed and the
CONTRACTOR shall take or cause to be taken such additional safety and health
measures as the City of Denton may determine to be reasonable necessary. Machinery,
equipment, and all hazard shall be guazded in accordance with the safety provisions of
the "Manual of Accident Prevention in Construction" published by the Associated
General Contractors of America, Inc., to the extend that such provisions aze not in
conflict with applicable local laws. The CONTRACTOR shall maintain an accwate
record of all cases of death, occupational disease, and injury requiring medical attention
or causing loss of time from work, arising out of and in the cowse of employment on
work under the contract The CONTRACTOR shall promptly famish the City of Denton
with reports concerning these matters.
( 8) Agree that he will supply as part of the construction price al] materials, tools, machinery,
and any other items necessary for the completion of the contract in accordance with
specifications attached hereto.
( 9) Perform all work in conformance with applicable local codes and requirements whether
or not covered by the specifications and drawings for such work, and shall, further,
perform such work in a good and workmanlike fashion in accordance with good trade
practices in the community, using materials specified in the attached specifications.
(10) Represents that at the time of execution, hereof, Contractor is not listed on the U.S.
Department of Housing and Urban Development's list of Debarred, Suspended or
Ineligible Contractor's list.
(11) Warranty and guarantee the work performed for a period of at least one year from the
date of the final acceptance of all work required by the contract.
PPA-4
(12) Furnish the OWNER with al] manufacturers and supplier's written guarantees and
warranties covering major appliances and mechanical equipment furnished under the
contract.
(13) Furnish the OWNER with an "All bills paid affidavit" or a release of lien from all
subcontractors and suppliers at the time of the final inspection.
(14) Agree not to discriminate against any employee or applicant for employment because of
race, color, religion, sex or national origin and shall take affirmative action to see that
applicants for employment are employed and employees are treated during employment
without regard to their race, color, religion, sex, or national origin. Such affirmative
action shall further include but not be limited to the following: Employment; upgrading;
demotion or transfer; recruitment or recruitment advertising; lay-off or termination; rates
of pay or other forms of compensation; and selection for training, including
apprenticeship. CON"I"RACTOR further agrees to post in conspicuous places, available
to employees and applicants for employment, notices to be provided by the City of
Denton setting forth the provisions of this nondiscrimination clause. (Appendix 1)
(15) Comply with the applicable regulations of the Secretary of Labor United States
Department of Labor, made pursuant to the so-called "Anti-Kick-Back Act" of June 13,
1934 (48 Stat. 948; 62 Stat. 862; Title 18 U.S.C., Section 874; and Title 40 U.S.C.,
Section 276C), and any amendments or modifications thereof. (Appendix 2)
(16) By submitting a proposal or executing a Contract, the Prime Contractor asserts that:
A. He has read and understands the City of Denton Performance Manual.
B. He has visited the site and familiarized himself with the job specific conditions
under which the work shall be performed.
BY MY SIGNATURE BELOW, I AGREE TO ALL TERMS AND CONDITIONS REGARDING
P E AND PERFORMANCE REQUIREMENTS CONTAINED HEREIN.
CO TRACTOR Signature
BY: ONTRACTOR'S NAME PRINTED
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3 &Dd' ~ der ,L,gde , ,~. oN ~ .r 76CO~'
CONTRACTOR'S DRESS
THIS FORM SHALL BE EXECUTED AT THE TIME OF EXECUTION OF THE
CONTRACT AND SHALL BE MADE A PART OF THE CONTRACT.
PPA - 5
CITY OF DENTON
INSURANCE REQUIREMENTS FOR CONTRACTORS
Bidder's attention is directed to the insurance requirements below. It is highly recommended
that bidders confer with their respective insurance carriers or brokers to determine in
advance of Bid submission the availability of insurance certificates and endorsements as
prescribed and provided herein. If an apparent low bidder fails to comply strictly with the
insurance requirements, that bidder may be disqualified from award of the contract. Upon
bid award, all insurance requirements shall become contractual obligations, which the
successful bidder shall have a duty to maintain throughout the course of this contract.
STANDARD PROVISIONS:
Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall
provide and maintain until the contracted work has been completed and accepted by the City of
Denton, Owner, the minimum insurance coverage as indicated hereinafter.
As soon as practicable after notification of bid award, Contractor shall file with the Purchasing
Department satisfactory certificates of insurance, containing the bid number and title of the project.
Contractor may, upon written request to the Purchasing Department, ask for clarification of any
insurance requirements at any time; however, Contractors are strongly advised to make such
requests prior to bid opening, since the insurance requirements may not be modified or waived after
bid opening unless a written exception has been submitted with the bid. Contractor shall not
commence any work or deliver any material until he or she receives notification that the
contract has been accepted, approved, and signed by the City of Denton.
All insurance policies proposed or obtained in satisfaction of these requirements shall comply with
the following general specifications, and shall be maintained in compliance with these general
specifications throughout the duration of the Contract, or longer, if so noted:
• Each policy shall be issued by a company authorized to do business in the State of
Texas with an A.M. Best Company rating of at least A.
• Any deductibles or self-insured retentions shall be declared in the bid proposal. If
requested by the City, the insurer shall reduce or eliminate such deductibles or
self-insured retentions with respect to the City, its officials, agents, employees and
volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and
related investigations, claim administration and defense expenses.
• Liability policies shall be endorsed to provide the following:
•• Name as additional insured the City of Denton, its Officials, Agents, Employees
and volunteers.
CI - 1
•• That such insurance is primary to any other insurance available to the additional
insured with respect to claims covered under the policy and that this insurance
applies separately to each insured against whom claim is made or suit is brought.
The inclusion of more than one insured shall not operate to increase the insurer's
limit of liability.
• All policies shall be endorsed to read:
"SAID POLICY SHALL NOT BE CANCELLED, NONRENEWED OR
MATERIALLY CHANGE WITHOUT 30 DAYS ADVANCED WRITTEN NOTICE
BEING GIVEN TO THE OWNER (CITY) EXCEPT WHEN THE POLICY IS
BEING CANCELLED FOR NONPAYMENT OF PREMIUM IN WHICH CASE 10
DAYS ADVANCE WRITTEN NOTICE IS REQUIRED ".
• Should any of the required insurance be provided under aclaims-made form, Contractor
shall maintain such coverage continuously throughout the term of this contract and,
without lapse, for a period of three years beyond the contract expiration, such that
occurrences arising during the contract term which give rise to claims made after
expiration of the contract shall be covered.
Should any of the required insurance be provided under a form of coverage that
includes a general annual aggregate limit providing for claims investigation or legal
defense costs to be included in the general annual aggregate limit, the Contractor shall
either double the occurrence limits or obtain Owners and Contractors Protective
Liability Insurance.
Should any required insurance lapse during the contract term, requests for payments
originating after such lapse shall not be processed until the City receives satisfactory
evidence of reinstated coverage as required by this contract, effective as of the lapse
date. If insurance is not reinstated, City may, at its sole option, terminate this
agreement effective on the date of the lapse.
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS:
All insurance policies proposed or obtained in satisfaction of this Contract shall additionally comply
with the following mazked specifications, and shall be maintained in compliance with these
additional specifications throughout the duration of the Contract, or longer, if so noted:
[X] A. General Liability Insurance:
General Liability insurance with combined single limits of not less than $500,000 shall
be provided and maintained by the Contractor. The policy shall be written on an
occurrence basis either in a single policy or in a combination of underlying and
umbrella or excess policies.
If the Commercial General Liability form (ISO Form CG 0001 current edition) is used:
CI-2
• Coverage A shall include premises, operations, products, and completed
operations, independent contractors, contractual liability covering this contract
and broad form property damage coverage.
• Coverage B shall include personal injury.
• Coverage C, medical payments, is not required.
If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and
ISO Form GL 0404) is used, it shall include at least:
• Bodily injury and Property Damage Liability for premises, operations,
products and completed operations, independent contractors and property
damage resulting from explosion, collapse or underground (XCII) exposures.
• Broad form contractual liability (preferably by endorsement) covering this
contract, personal injury liability and broad form property damage liability.
[X] Automobile Liability Insurance:
Contractor shall provide Commercial Automobile Liability insurance with Combined Single
Limits (CSL) of not less than $300,000 either in a single policy or in a combination of
basic and umbrella or excess policies. The policy will include bodily injury and property
damage liability arising out of the operation, maintenance and use of all automobiles and
mobile equipment used in conjunction with this contract.
Satisfaction of the above requirement shall be in the form of a policy endorsement for:
• any auto, or
• all owned, hired and non-owned autos.
[X~ Workers Compensation Insurance
Contractor shall purchase and maintain Worker's Compensation insurance which, in addition
to meeting the minimum statutory requirements for issuance of such insurance, has
Employer's Liability limits of at least $100,000 for each accident, $100,000 per each
employee, and a $500,000 policy limit for occupational disease. The City need not be
named as an "Additional Insured" but the insurer shall agree to waive all rights of
subrogation against the City, its officials, agents, employees and volunteers for any work
performed for the City by the Named Insured. For building or construction projects, the
Contractor shall comply with the provisions of Attachment 1 in accordance with §406.096
of the Texas Labor Code and rule 28TAC 110.110 of the Texas Worker's Compensation
Commission (TWCC).
Cl-3
[ ] Owner's and Contractor's Protective Liability Insurance
The Contractor shall obtain, pay for and maintain at all times during the prosecution of the
work under this contract, an Owner's and Contractor's Protective Liability insurance policy
naming the City as insured for property damage and bodily injury which may arise in the
prosecution of the work or Contractor's operations under this contract. Coverage shall be on
an "occurrence" basis, and the policy shall be issued by the same insurance company
that carries the Contractor's liability insurance. Policy limits will be at least
combined bodily injury and property damage per occurrence with a aggregate.
[ ] Fire Damage Legal Liability Insurance
Coverage is required if Broad form General Liability is not provided or is unavailable to the
contractor or if a contractor leases or rents a portion of a City building. Limits of not less
than each occurrence are required.
[ ] Professional Liability Insurance
Professional liability insurance with limits not less than per claim with respect to
negligent acts, errors or omissions in connection with professional services is required under
this Agreement.
[X] Builders' Risk Insurance
Builders' Risk Insurance, on an All-Risk form for 100% of the completed value shall be
provided. Such policy shall include as "Named Insured" the City of Denton and all
subcontractors as their interests may appear.
[ ] Commercial Crime
Provides coverage for the theft or disappearance of cash or checks, robbery inside/outside
the premises, burglary of the premises, and employee fidelity. The employee fidelity
portion of this coverage should be written on a "blanket" basis to cover all employees,
including new hires. This type insurance should be required if the contractor has access to
City funds. Limits of not less than each occurrence aze required.
[ ] Additional Insurance
Other insurance may be required on an individual basis for extra hazardous contracts and
specific service agreements. If such additional insurance is required for a specific contract,
that requirement will be described in the "Specific Conditions" of the contract specifications.
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ATTACHMENTI
[X] Worker's Compensation Coverage for Building or Construction Projects for
Governmental Entities
A. Definitions:
Certificate of coverage ("certificate")-A copy of a certificate of insurance, a certificate
of authority to self-insure issued by the commission, or a coverage agreement (TWCC-
81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation
insurance coverage for the person's or entity's employees providing services on a
project, for the duration of the project.
Duration of the project -includes the time from the beginning of the work on the project
until the contractor's/person's work on the project has been completed and accepted by
the governmental entity.
Persons providing services on the project ("subcontractor" in §406.096) -includes all
persons or entities performing all or part of the services the contractor has undertaken to
perform on the project, regardless of whether that person contracted directly with the
contractor and regardless of whether that person has employees. This includes, without
limitation, independent contractors, subcontractors, leasing companies, motor carriers,
owner-operators, employees of any such entity, or employees of any entity which
furnishes persons to provide services on the project. "Services" include, without
limitation, providing, hauling, or delivering equipment or materials, or providing labor,
transportation, or other service related to a project. "Services" does not include
activities unrelated to the project, such as food beverage vendors, office supply
deliveries, and delivery of portable toilets.
B. The contractor shall provide coverage, based on proper reporting of classification codes
and payroll amounts and filing of any overage agreements, which meets the statutory
requirements of Texas Labor Code, Section 401.011(44) for all employees of the
Contractor providing services on the project, for the duration of the project.
C. The Contractor must provide a certificate of coverage to the governmental entity prior
to being awazded 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:
CI-5
(1) a certificate of coverage, prior to that person beginning work on the project, so the
governmental entity will have on file certificates of coverage showing coverage
for all persons providing services on the project; and
(2) no later than seven days after receipt by the contractor, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of the project.
F. The contractor shall retain all required certificates of coverage for the duration of the
project and for one year thereafter.
G. The contractor shall notify the governmental entity in writing by certified mail or
personal delivery, within 10 days after the contractor knew or should have known, of
any change that materially affects the provision of coverage of any person providing
services on the project.
H. The contractor shall post on each project site a notice, in the text, form and manner
prescribed by the Texas Workers' Compensation Commission, informing all persons
providing services on the project that they are required to be covered, and stating how a
person may verify coverage and report lack of coverage.
I. The contractor shall contractually require each person with whom it contracts to provide
services on a project, to:
(1) provide coverage, based on proper reporting of classification codes and payroll
amounts and filing of any coverage agreements, which meets the statutory
requirements of Texas Labor Code, Section 401.011(44) for all of its employees
providing services on the project, for the duration of the project;
(2) provide to the contractor, prior to that person beginning work on the project, a
certificate of coverage showing that coverage is being provided for all employees
of the person providing services on the project, for the duration of the project;
(3) provide the contractor, prior to the end of the coverage period, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of the project;
(4) obtain from each other person with whom it contracts, and provide to the
contractor:
(a) a certificate of coverage, prior to the other person beginning work on the
project; and
(b) anew certificate of coverage showing extension of coverage, prior to the
end of the coverage period, if the coverage period shown on the current
certificate of coverage ends during the duration of the project;
CI-6
(5) retain all required certificates of coverage on file for the duration of the project
and for one year thereafter;
(6) notify the governmental entity in writing by certified mail or personal delivery,
within 10 days after the person knew or should have known, of any change that
materially affects the provision of coverage of any person providing services on
the project; and
(7) contractually require each person with whom it contracts, to perform as required
by paragraphs (1) - (7), with the certificates of coverage to be provided to the
person for whom they aze providing services.
J. By signing this contract or providing or causing to be provided a certificate of coverage,
the contractor is representing to the governmental entity that all employees of the
contractor who will provide services on the project will be covered by workers'
compensation coverage for the duration of the project, that the coverage will be based
on proper reporting of classification codes and payroll amounts, and that all coverage
agreements will be filed with the appropriate insurance carrier or, in the case of a self-
insured, with the commission's Division of Self-Insurance Regulation. Providing false
or misleading information may subject the contractor to administrative penalties,
criminal penalties, civil penalties, or other civil actions.
K. The contractor's failure to comply with any of these provisions is a breach of contract
by the contractor which entitles the governmental entity to declare the contract void if
the contractor does not remedy the breach within ten days after receipt of notice of
breach from the governmental entity.
CI - 7
CONTRACTOR REQUEST FOR PAYMENT AND PERIODIC STATEMENT
Company Name:
& Address
Property Address: 816 Allen St., Denton, TX
The following is a list of bills and expenses that will be paid or those that have been paid and for
which I am now requesting payment.
Amount Paid
Expense or Bill Name of Company or to be paid Date
Total (attach additional sheet if necessary) $
The balance of any funds afrer payment of the above bills and expenses will be paid to subcontractors and
suppliers that have given a valid lien release or waiver or will be reimbursement for my expenses incurred,
profit, or overhead.
I have obtained a valid lien release or waiver from the following listed subcontractors and suppliers:
Name Date
(Attach additional
sheet if necessary)
I have attached as part of this statement a copy of the Home Improvement Prog<am Request for Project
Payment.
Amount Requested:
- Bills and Expenses
=Amount for overhead, profit, expenses or to pay
subcontractors or suppliers with lien waivers
CONTRACTOR
Date
G-1
I understand that it is a crime to intentionally, knowingly or recklessly provide false or
misleading information in this statement. This offense is a misdemeanor. A person
adjudged guilty of this offense shall be punished by a fine not to exceed $4000.00 or
confinement in jail for a term not to exceed one year or both a fine and confinement. A
person may not receive community supervision for the offense.
G-2
v
Bid Sheet
COMMUNITY DEVELOPMENT DIVISION -SINGLE FAMILY NEW CONSTRUCTION BID
(See Plans, Specifications and Contracts for Details on Bid Sheet)
__ Name: $ingla Family New Construction Project
Address: 818 Allen Street,.Denton. TX 76205 Contractor Na a
v
v
r~' . F{RY: ~\k~S~ ~ v.....: J n~~..e. L^MS6 ~~ S~#.i^i' f.3F'l~ v~Y .6S S
A
a o
F ~i N'.~ a ~ F
,' ~Y
Zi\ta
W
~13 SA
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~ Y.Ly:
•
Buildin Permits I Utr1.5rvc. Fees, w
.
....
.
~
C
Y\eY^
i:.
g. tl . ,,rvc. '
N>'~t ~~
`k.
. Saw PolelSNe Pre odaJohnlEmsion Control $ ~ ~--~
Form Board Surve Fee S6
• En ineered $lab Fee $ ~p
5• Ene Star Rahn Certification $
• Plumbin Rou h-In ~ 03 -
• Pre-Slab Termite Treatment $ 7
• Slab/Foundation 28g
Stud Const/Framin NJall Sheathin I Deckin & ComicelBdck Ties ~ .~ ,~
Roof /Vents (Ridge vents on Gable Roofs are Mandatory Constrddticn No Excepfion:~ $
z7//
ExteriorSidin Brick: $ / Harii:-Plank $ O $
• Electrical Rou h-In $ ?5.,76
• Plumbin Stack-0ut $ - .2203
Exterior Doors /Locks! Windows $ ~ 3~
Exterior Paint $ /~
Ducts / Vents I HVAC Phase I: P ase II: $ .~
7~ Ene Seal $ /~ 7:
Interior Wall Insulation $ Z/
Sheetrock / Ta a /Bed /Texture ~,
2 • Interior Trim /Doors /Pull-down Attic Stairs ~~
Cbsets Rods & Shelves /Bath Accessories $ S6S
• Interior Paint $ / 7~
• Electrical Final $ /71,~
• Cabinets: Kitch Baths UNIT
C $ 37P
ounterto s $ 5778 5.
Appliances (Bid Items Checked): gVent~a-Flood (vent thm moQ X Gas Range X is G.F.Eneq ry Star Fdg w/Ice Maker
26.
X Enerov Star Dishwasher X Fond Disposal y
$ X761
26
•
Attic Insulation
$ .
7
. Electrical Fixtires (Owner to select light fxhs -Fixture BudgetAllow~ed is? $ _)
• Plumbin Fixtures $ 8.203
• UNIT Services Hook-U $
Flat Work: Drive A roachlVJalkwa s G
$ b
2• Final Grade! Landsca in $
Fl
C
d G ~
• oor
ove
n s Vinyl $ Carpnt $ $ ~6
• Fihal Cleanin Move-in Pre 3~
Landfill/Du Fees Non-Demo ~~~
36 Misc: Protect Pecan Tree at rear south lot and clear remaining brusfiNreeslbushes/trash
. $ -~~ 36.
37. Water/ Sewer Impact and Tap Fees ~ X65,00
S2LVdr ~{2'~
t~ r/
~
'
. $
d
f'TJ 37.
.GRAND TOTAL $ /0 3, 392
I, THE t1NDERBIGNED CONTRACTOR, submit this bid in good fagh'tff ifi§ ComniunityDevelopment Division for SF new consVUCtton
of the above address. Bitl amounts are based on all materials and work spedtications as stated in the attached document entiged General
N-ote~T C-o~ntra~tors and as requiretl to meet City Build~(s Ches.
/ ~
_~ )z.~'~t /Jha ~c_ `-
/~in~,v ~ l r~2~a ~•rre rfiu~7'~o
~ ~e ~
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Contractor Signature / Gbnt2ntor Name Pdntetl
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ve~
g~,a / t ~
~~ t 36~ 36z y
Adpress ,. ~ / ( Area Code ) Phone S
e T ~6Zp~ 2-~-O'7
City State ~ Tn r._._.._~_..._ .
iv1 trzoos
P - 3
CONTRACTOR COMPLIANCE TO TEXAS RESIDENTIAL CONSTRUCTION
COMMISSION
CONTRACTOR assures compliance with all requirements of the State of Texas Residential Construction
Commission (TRCC) regarding singly-family new construction. CONTRACTOR is registered and will
register the PROJECT with the TRCC as follows:
CONTRACTOR:
r
~ ~Y~~~ ,,
COMP (As Named on Contract)
BY '~
~~ ~~P ~
(Printed Nampe Of Authorized Representative)
~~d ~.~~i/P~ ~~.~~2
Street Address
~ City, State, Zip
PROJECT:
816 Allen Street, ALEX ROBERTSON ADDITION, Block 7, Lot 3, Denton, Denton County, TX 76205
THIS FORM MUST BE RETURNED WITH YOUR BID.
P-6
CONTRACTOR COMPLIANCE TO TEXAS SALES TAX CODE
Comply with all requirements of the Texas Sales Tar Code. The Conhactor hereby certifies that the
Contract Amount is divided as follows:
Materials incorporated into the Project
(resold to the Owner as defined in Tax Code)
All other chazges and costs
Total
The total must equal the total amount of the Contract.
CONTRACTOR:
$ S"-~, /mod
~ ,~ 3 ~ 9Z
~ ~~~ ~~
COMP
BY
~~~~ ~~ ~~
Street Address
^~ City and State
THIS FORM SHALL BE EXECUTED AT THE TIbIE OF EXECUTION OF THE CONTRACT
AND SHALL BE MADE A PART OF THE CONTRACT.
P-5
VENDOR COMPLIANCE TO STATE LAW
The 1985 Session of the Texas Legislature passed House Bill 620 relative to the awazd of contracts to
non-resident bidders. This law provides that, in order to be awazded a contract as low bidder, non-resident
bidders (out-of--state contractors whose corporate offices or principal place of business aze outside of the
State of Texas) bid projects for construction, improvements, supplies or services in Texas at an amount
lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be
required to underbid anon-resident bidder in order to obtain a comparable contract in the state in which
the non-resident's principal place of business is located. The appropriate blanks in Secfion A below must
be filled out by all out-of--state or non-resident bidders in order for your bid to meet specifications. The
failure of out-of--state or non-resident contractors to do so will automatically disqualify that bidder.
Resident bidders must check the blank in Section B.
A. Non-resident bidders in
required to be
of the statute is attached.
(give state), our principal place of business, are
lower than resident bidders by state law. A copy
Non-resident bidders in
notrequired to underbid resident bidders.
(give state), our principal place of business, are
B. Our principal place of business or corporate offices are in the State of Texas:
BIDDER: ~~
COMPANY
BY
Street Address
City and State
'~4~
THIS FORM MUST BE RETURNED WITH YOUR BID.
P-4
BID SiJMMARY
It is understood that the work proposed to be done shall be accepted, when fully completed and finished in
accordance with the plans and specifications, to the satisfaction of Community Development Division.
The undersigned certifies that the bid prices contained in this proposal have been cazefully checked and are
submitted as correct and final.
Unit and lump sum prices as shown for each item listed in this proposal, shall control over extensions.
The undersigned agrees this bid becomes the property of the City of Denton after the official opening.
The undersigned affirms that they aze duly authorized to execute this contract.
Vendor hereby assigns to purchaser any and all claims for overchazges associated with this contract which
arise under the antitrust laws of the United States, I S USCA Section 1 et sea, and which arise under the
antitrust laws of the State of Texas, Tex. Bus. & Com. Code, Section 15.01, et sea.
Receipt is hereby acknowledged of the following addenda to the plans and specifications:
Addendum No. 1 dated 2-bi-O '~ Received
Addendum No. 2 dated Received
Addendum No. 3 dated Received
Addendum No. 4 dated Received
CO CTOR
BY
~~ ~~
treet Address
~~
City and State -v-
Seal & Authorization ~~//,,,,
(If a Corporation) C1 Yf/l'v~r~ X61
Telephone
RETURN ONE (1) COMPLETE ORIGINAL AND ONE (1) COPY OF
EXECUTED BID PROPOSAL
P-2
BID # 3710
We are including the following forms that were left out of the previous packet,
these will be required to be completed by the winning contractor:
In addition to the four I-1[JD/FHA forms mentioned in the meeting today, also
attached is an MS WORD formatted document with three additional forms to be
added to section "G."
NO OTHER CHANGES AT THIS TIME.
This form shall be signed and returned with your bid.
Name:
Signature:
,.
Company:
Title:
-~~Q
Date: