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2005-072
ORDINANCE NO. ~00~--~ AN ORDINANCE ACCEPTING COMPETITIVE BDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF A SINGLE FAMILY DWELLING AT 634 E. PRAIRIE STREET FOR THE CITY OF DENTON COMMUNITY DEVELOPMENT BLOCK GRANT DIVISION; PROVDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BD 3286-634 E. PRAIRIE STREET INFILL NEW CONSTRUCTION AWARDED TO DELTA ONE CONSTRUCTION IN THE AMOUNT OF $90,722). WHEREAS, the City has solicited, received and tabulated competitive bids for the construction of public works or improvements in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or improvements described in the bid invitation, bid proposals and plans and specifications therein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the following competitive bids for the construction of public works or improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids: BID NUMBER 3286 CONTRACTOR DeltaOneConstmction AMOUNT $90,722 SECTION 2. That the acceptance and approval of the above competitive bids shall not constitute a contract between the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, and insurance certificate after notification of the award of the bid. SECTION 3. That the City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein. SECTION 4. That upon acceptance and approval of the above competitive bids and the execution of contracts for the public works and improvements as authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto. SECTION 5. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2005. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY 3g~Y~.Bid 3~ CONTRACT AGREEMENT STATE OF TEXAS §COUNTY OFDENTON§ THIS AGREEMENT, made and entered into this and between CiW of Denton and State of Texas, acting through Michael A. Conduff hereinafter termed "OWNER," and Delta One Construction 3808 Calvert Lane Denton, Texas 76208 2nd day of March A.D., 2005, by of the County of Denton thereunto duly authorized so to do, of the City of Denton , County of Denton termed "CONTRACTOR." and State of Texas , hereinafter WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by OWNER, and under the conditions expressed in the bonds attached hereto, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified below: Bid #3286 - 634 E. Prairie St. Infill New Construction in the amount of $90,722.00 and all extra work in connection therewith, under the terms as stated in the General Conditions of the agreement; and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the work specified above, in accordance with the conditions and prices stated in the Proposal and the Performance and Payment Bonds, attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), and Instructions to Bidders, as referenced herein and on file in the office of the Purchasing Agent, and in accordance with the plans, which includes all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by: City of Denton Staff all of which are referenced herein and made a part hereof and collectively evidence and constitute the entire contract. CA- 1 Independent Status It is mutually understood and agreed by and between City and Contractor that Contractor is an independent contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas, for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, worker's compensation, or any other City employee benefit. City shall not have supervision and control of Contractor or any employee of Contractor, and it is expressly understood that Contractor shall perform the services hereunder according to the attached specifications at the · general direction of the City Manager of the City of Denton, Texas, or his designee under this agreement. Indemnification Contractor covenants and agrees to and does hereby indemnify, hold harmless and defend, at its own expense, Owner, its officers, servants and employees, from and against any and all claims or suits for property loss or damage and/or personal injury, including death, to any and all persons, of whatsoever kind or character, whether real or asserted, arising out of the Work and services to be performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or invitees, whether or not caused, in whole or in part, by the alleged negligence of the officers, servants, employees, of the Owner. Contractor likewise covenants and agrees to, and does hereby, indemnify and hold harmless Owner during the performance of any of the terms and conditions of this Contract, whether arising out of in whole or in part, any and all alleged acts or omissions of officers, servants, or employees of Owner. The provisions of this paragraph are solely for the benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other person or entity. Choice of Law and Venue This agreement shall be governed by the law of the State of Texas and venue for its construction and enforcement shall he in the courts of Denton County, Texas. The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in written notice to commence work and complete all work within the time stated in the Proposal, subject to such extensions of time as are provided by the General and Special Conditions. The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the Contract. CA - 2 IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. ATTEST: City of Denton BY: OWNER CONTRACTOR APPROVED AS TO FORM: CITY ATTORI~Y MAILING ADDRESS PHONE NUMBER PRINTED NAME CA- 3 PERFORMANCE BOND STATE OF TEXAS § COUNTY OF DENTON § K_NOW ALL MEN BY THESE PRESENTS: That whose address is 3808 Calvcu;t. Cane, Denton, Texas 76208 Bond No. 69866740 · Delta One Construction/ hereinafter called Principal, and WES','t~q SURETY COMPANY,,'/ , a corporation organ/zed and existing under the laws of the State of SOUTH DAKOTA , and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a municipal corporation organized and existing under the laws of the State of Texas, herein..~fter called Owner, in the .genal sum of Ninety thousand seven hundred twenty-two and no cents~DOLLARS ($90,722.00),p'lus ten percent of the stated penal sum as an additional sum of money representing additional court expenses, attorneys' fees, and liquidated damages arising out of or connected with the below identified Contract, in lawful money of the United States, to be paid in Denton County, Texas, fo~: the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement, which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement, which reduces the Contract price, decrease the penal sum of this Bond. THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain Contract, identified by Ordmancej,lCnnber 2005-072, with the City of Denton, the Owner, dated the ._2nd day of March A.D. 2005 'Ca copy of which is here[~..attached and made a part hereof, for Bid # 3286 - 634 E. Prairie St. Infill New Construction,,." NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill ail of the undertakings, covenants, terms, conditions and agreements of said Contract in accordance with the Plans, Specifications and Contract Documents during the original term thereof and any extension thereof which may be granted by the Owner, with or without notice to the Surety, and during the life of any guaranty or warranty required under this Contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby waived; and, if the Principal shall repair and/or replace all defects due to faulty materials and workmanship that appear within a period of one (1) year from the date of final completion and final acceptance of the Work by the Owner; and, if the Principal shall fully indemnify and save harmless the Owner from all costs and damages which Owner may suffer by reason of failure to so perform herein and shall fully reimburse and repay Owner all outlay and expense which the Owner may incur in making good any default or deficiency, then this obligation shall be void; otherwise, it shall remain in full force and effect. PB - 1 PROVIDED FURTHER, that if any legal action be filed upon this Bond, exclusive venue shall lie in Denton County, State of Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed hereunder, or to the Plans, Specifications, Drawings, etc., accompanying the same, shall in anywise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be perfomed hereunder, or to the Plans, Specifications, Drawings, etc. This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, as amended, and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Denton County to whom any requisite notices may be delivered and on whom sen(ice of process may be had in matters arising out of such suretyship, as provided by Article 7.19- 1 of the Insurance Code, Vemon's Annotated Civil Statutes of the State of Texas. IN WITNESS WHEREOF, this instnnuent is executed in 4 co. pies, each one of which shall be deemed an original, this the 2na day of March~, 2005__. ATTEST: SECI~ETARY ATTEST: PRINCIPAL Delta One Construction Services [~RI~ID I~NT The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is: NAME: Lord & Company Ins. Agents, Inc. STREET ADDRESS: P.O. Box 946, Denton, TX 76202-0946 (NOTE: Date of Performance Bond must be date of Contract. If Resident Agent is not a corporation, give a person's name.) PB - 2 PAYMENT BOND STATE OF TEXAS COUNTY OF DENTON § Bond No. 69866740 KNOW ALL MEN BY THESE PRESENTS: That Delta One Construction/ whose address is 3808 Calvert/Lane, Denton, Texas 76208 , hereinafter called Principal, and WES.rm~q SU~TY CDMPgNY,./ , a corporation organized and existing under the laws of the State of SOUTH DAKOTA , and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a municipal corporation organized and exisling under the laws of the State of Texas, hereinafter called Owner, and unto all persons, firms, and corporations who may furnish materials for, or perform labor upon, the building or improvements herein~er referred to, in the pe/l~al sum of Ninety thousand seven hundred twenty- two and no cents,DOLLARS ($90,722.00),,~n lawful money of the United States, to be paid in Denton, County, Texas, for the payment of which sun/well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement, which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement, which reduces the Contract price, decrease the penal sum of this Bond. THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain Contract, identified by Ordinance Number 2005-072, with the City of Denton, the Owner, dated the 2nd day of March A.D. 2005_ ,,~a copy of which is heret..cattached and made a part hereof, for Bid #3286 J 6~. Prairie. ~nfill New Construction.~/' NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties and make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying labor and/or material in the prosecution of the Work provided for in said Contract and any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby expressly waived, then this obligation shall be void; otherwise it shall remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive venue shall lie in Denton County, Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed hereunder, or to the Plans, Specifications, Drawings, etc., accompanying the same, shall in anywise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed hereunder, or to the Plans, Specifications, Drawings, etc. PB - 3 This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, as amended, and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Denton County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such surety, as provided by Article 7.19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas. IN WITNESS WHEREOF, this instrument is executed in ~. 4 copies, each one of which shall be deemed an original, this the 2nd day of March, 2005.~' ATTEST: PRINCIPAL :~A.-- ~ ~ / Delta One Construction SDrvices '~B'~P~TAKY ' B~f~. ~,-' PRES E T ,, The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is: NAM_E: Lord & C~L~any Ins. Agents, Inc. STREET ADDRESS: P.O. Box 946, Denton, TX 76202-0946 (NOTE: Date of Payment Bond must be date of Contract. If Resident Agent is not a corporation, give a person's name.) PB - 4 Western Surety Company POWER OF ATTORNEY- CERTIFIED COPY ~0nd No ........ ~ 9 8~6 7"1 ~ ...... I{now ~1 Men By Th~e PreenS, that WESTI,~BN S~E~ ~MP~Y.~orn~ion dul~ organized m~d c~sting ~nd~r the laws of tho 8~0 of South I)~kota, make. constitute ami appoint ............. a~Y. h ~IHGTON _ z .............................. its true mtd lawful attorney(s)-in.fact, with full power and auUmri~ i~ bobaff aa Sur~y, bonds Prhlcip~; Joe Jetor ~a Delta One Construction Services ObliKoe: City of Denton Am0un~: $500,000.00 / and tn hind the Company theraDy aS fully and to fils sams extent as if such bonds were si~od by the Senior Vi~ PtesidenL sealed with tho corporate seal of ~h~ ~mpa~ and duly at.arM by i~ Secro~a~, h~by rati~h~g and cunflrming all that the said a~tornoy(~)-in-fact may do within ~he above stoWd limi~/.n~. ~nld appolncmont i~ m~de under ami hy authority o~ ~lm fvlIowin~ bylaw of Woetor~ Salary ~mpany which remains in full ~.'ce ~nd offset. "~oo~ion 7, All bonds, poltcie% uml~k?~. Powers oi A~roey o~ o~her obi/Rations of tho corporation ~hldl bo ~xecutod in th~ other officers ~m tho Board of D~oe~rs may authorize. Th~ President, a~ Vice President, S~retnry, any A~sistant Sccre~, or tho tho Co npany. The corporam seal ~ no~ nec~ary bt ~e validity of any bonds, pnficies, unde~akin~a, Powers of At~rney or other 0blips tmns of tho corporation. The si~natt re olany augh officer and the eoU~ora~ seal may bo prtn~d by fa~imile." AI~ auth~ty h~by c~nfur~ s~aI~ exp~ ~nd termin~te~ ~th~ut n~ un~ess u~d b~ midnight ~ S~p.~a~b~ 2 . 2005 , hu: until such ~me ~hall be irrevocab~ and in ~ull for~ and effect. In Witness Whor0sf. Wo.~tern Surety Co,npnny has CStlted ths~o presents to be sighted by its Senior Vi.u Prosident~ Paul T, llruflat seal to b~ afl, xed this .... 2~d day0F ....... l~'a r c l"t . .2.005 WES/~ SUEE~Y COMPANY On thLs _ __ .2nd day of ....... l~!k~.rch ..... in tho year . 2005 . , bell,re me, a notary public, l,orsonally apl)oared Paul T. Brai'lot, who ~i~g to me duly sworn, a~knowledgod tha~ ho ~i~ned th~ above Power of Attorney as the ~ore~aid officer of ~STERN ~UR kYI'Y COMP~ and acknowledged said in$~uman~ to bo the volun~.~ ~ct and deed o~. D. KRELL ~ ~O~H DAK~A~' Notary Puh]{c. ~otlth D/iksta My Commission ~pims November 30, 2008 [ tho ~n dersigned officer o~Wea[ern Surety ~mp.ny, a ~tock corporation of the Sto~ of South Dskota, do berehy cezU~ that the atOmhod Po~'m' of At.riley fa in fu]l for~ and effuc~ a~d is irrevocable, and furthermore, that Section 7 of the bylaws of the ~mlsmY a~ set forth tn tho Power Of AtWrney ~ now in ~oree. In ~a~i*~ony whereof, I have hereunto set my hand ami aoal of Wea~rn Sure ~x ~ompany this 2nd day of ..... Mae-ch ..... ... 2005 . " WES~ SURLY COMPANY ACKNOWLEDGMENT OF SUEETY STATE O~ ......... Te~s. ....... (Attorney-in-Fact) COUNTY OF ........ DENTO~ ....... f On this ..... 2nd ...... day of ......... ~a~'ch ................... ~ b~io~e'mc, a ~lota~ public in a~d [or said Coun~, p~r~ona~y ~ppeared ..... ............ . S~Y L. ~GT'O--N_~ ................. to me p~rson~]~ kuown and bei~ By me duly sWo~, ~d say, tha~ ho is the Attorney-tn-Fact of ~STER~ SUi~ETY Stato of South Dakota, th~ the said instrumen~ was executed on behalf oi the sai~ co~oration by sutho~W of D~reciors ~nd that the sai~ ...... SHE~Y ~ .ARRI~TOH ~c~nowlcd~es sail1 instr~ent to be the fi'ce act and t~eed of s~id co~orntiou sud that he has autho~ty to si~n said i~strument wit~o~lt a~n~ th~ co~ora~ seal of said co~oration. IN WIT~5S WIIEEEOF, I have hercunto subsc~be~ my n~me and a~xed my o~cial s~al at ....... DENTO~ ........ Tex~ ....... fl~e d~ year last a~ov~ State of Texas Claim Notice Endorsement To be affached to and form a part of Bond No., 698667110 In accordance with Section 2253.021(0 of the Texas Government Code and Section 53.202(6) of the Texas Property Code any notice of claim to the named surety under this bond(s) should be sent to: CNA Surety 333 South Wabash Chicago, IL 60604 Telephone: (312) 822-5000 IMPORTANT NOTICE To obtain information or.make a complaint: You may call CNA Surety's toll-t~ee telephone number for information or to make a complaint at 1-800-331-6053 You may also write to 'CNA Surety at P.O. Box 655908 Dallas, TX 75265-5908 P.O. Box 5077 Sioux Falls, SD 57117-5077 You may contact the Texas Department of Insurance to obtain information on coml~anies, 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 # (5~2) 475-1771 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the agent first, If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY OR BOND: This notice is for information only ~and does not become a part or condition of the attached document. 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 _. Any deductibles or self-insured retentions shall be declared in the bid proposal. If requested by the City, the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, its officials, agents, employees and volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. · Liability policies shall be endorsed to provide the following: Name as additional insured the City of Denton, its Officials, Agents, Employees and volunteers. That such insurance is primary to any other insurance available to the additional insured with respect to claims covered under the policy and that this insurance applies separately to each CI- 1 insured against whom clahn 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 pohcies 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 NONP.4Y3IENT OF PREMIUM IN WHICH CASE 10 DAYS ADVANCE WRITTEN NOTICE IS REQUIRED". Should any of the required insurance be provided under a claims-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 marked specifications, and shall be maintained in compliance with these additional specifications throughout the duration of the Contract, or longer, if so noted: IX] A. General Liability Insurance: General Liability insurance with combined single limits of not less than $500,000 shall be provided and maintained by the Contractor. The policy shall be written on an occurrence basis either in a single policy or in a combination of underlying and umbrella or excess policies. If the Commercial General Liability form (ISO Form CG 0001 current edition) is used: · Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual liability covering this contract and broad form property damage coverage. · Coverage B shall include personal injury. Coverage C, medical payments, is not required. CI- 2 If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) is used, it shall include at least: Bodily injury and Property Damage Liability for premises, operations, products and completed operations, independent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures. · Broad form contractual liability (preferably by endorsement) covering th/s 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 role 28TAC 110.110 of the Texas Worker's Compensation Commission (TWCC). [] Owner's and Contractor's Protective Liability Insurance The Contractor shall obtain, pay for and maintain at all times during the prosecution of the work under this contract, an Owner's and Contractor's Protective Liability insurance policy naming the City as insured for property damage and bodily injury which may arise in the prosecution of the work or Contractor's operations under this contract. Coverage shall be on an ';occurrence" basis, and the policy shall be issued by the same insurance company that carries the Contractor's liability insurance. Policy limits Will be at least combined bodily injury and property damage per occurrence with a aggregate. CI- 3 [] Fire Damage Legal Liability Insurance Coverage i~ 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. IX] Builders'RiskInsurance [] Builders' Risk Insurance, on an All-Risk form for 100% of the completed value shall be provided. Such policy shall include as "Named Insured" the City of Denton and all subcontractors as their interests may appear. Commercial Crime Provides coverage for the theft or disappearance of cash or checks, robbery inside/outside the premises, burglary of the premises, and employee fidelity. The employee fidelity portion of this coverage should be written on a "blanket" basis to cover all employees, including new hires. This type insurance should be, required if the contractor has access to City funds. Limits of not less than each occurrence are required. [] Additional Insurance Other insurance may be required on an individual basis for extra hazardous contracts and specific service agreements. If such additional insurance is required for a specific contract, that requirement will be described in the "Specific Conditions" of the contract specifications. CI - 4 ATTACHMENT 1 IX] 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 fi:om 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. The contractor shall provide coverage, based on proper reporting of classification codes and payroll mounts 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. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. 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. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and CI- 5 (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. 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. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing ail 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. 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 Co) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. CI - 6 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 proj eot, that the coverage will be based on proper reporting of classification codes and payroll mounts, and that ail coverage agreemcmts 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. 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 P JiECT BID SHEET INFILL HOUSING C:ONSTRUCTION PROGRAM COMMUNITY DEVELOPMENT D ¥ StOI~. $ I~GLE FAMILY HOME CONSTRUCTION BID (See Contractor's Manual and General Notes te C~ntractor Documents for Details on B d Project Address: 634 E. Prairie S!~eet, ~,,,te~~ TX co'n~ract~r Narr;e I.Building Permits / Util. Srvc. Fees: i!ala~:'$ ......... Util. S~C: $ ~ $ /~ 1. 2.Saw Pole/Site Pmp/Po~ohNErosion Control $ / ~ ~ 2. 3.Fo~m Board Su~ey Fee $ /~ 3. 4.Engineered Slab Fee $ 5.,P umbing Rough-In $ /~ 5, 6.;Pm-Slab Termite Treatment $ / ~ 7 ¢ 6. 7.31ab/Foundation $ 7Z~7 7. 8. ~tud cons~Framing~all Sheathing / Dec~. & ~r~i~/Bfic~ Ties $ ~ / ~ 7 8 9. ~oof / Ven~ (R dge ven~ on Gab e Roe~ :ar<, M'~ 6'e~S~en- No Excep~ons) $ / / ~ 9 10. :xte~orSiding B~¢k. $. Hardi-P[ank $ $ ~/~ 10 11. ~ ec~i~l Rough-In $ / ~/ 11 12: ~lumbing Stack-Out $ ~ 12 13. ~xterior Doors / Locks / Windows $ ~ 13 14: E~dor Paint $ /~Z/ 14. l& 3ucts/Venb/HVAC Ph~e!:$~ Phasell: $~ $ ~ 15., 16 Enemy Seal $ JT~ 16. 17; In,riot Wail Insulation $ ~ 17. 18 Shee~ock / Tape / B~ / Texture ., $ ~/~ 18. 19 interior Trim / Doors/?ull~own Affic ~aim $ ~ M// 19. 20 Closets Rode & Shelves / Bath Accesso~i~ ' $ ~ ,20. 21 Interior Paint $ / 7 ~ 21. 22 Bectrical Final $ /.~ 22. 23. Cabinets: Kitch, Bath(s), Utili~, Laundry $ ~ 23. 24i Cou~teflops $ ~ 24. Appltances(BidltemsChecked): X~enl-a-H~d(ve~t ~m~ ~s~O¢ ~18C.F, En~ySarFdgw/Ice 25. Maker In~ll:~Ene~yStarOishw~h~r~Fe~Dlspeser (~eGen. Sp~rmodels) . $ /~ ~ 25. 26: A~c ~nsulafion I ' $ ~ ~ 26. 27: Eie~ical F x~res (Project Manager to se~' ~tE~ · Fi~m Ba~et ~towed is? $ ~ ) $ ~ ~ 27. 28. Plumb ng F xtures (Project Manager to Sel~*F[~)" $ ~ ? 28. 2~:'Utili~ So,ices Hook-Up ~j . $ ~ 29. 30.Flat Wo~: Drive Approach~alkways $~ B~ Ma. ibex te match house brick $ $ ~ 30. 31;Final Grade / Landscaping $ ~ 31. 32~~loor Coverings ~[nYl $ Carpet $ $ ~ 32 33.~inal Cleaning Move-in Prep $ ~ 33 34.Landfill/Dump F~s (Non-Demo) ~ $ ~d ~ 34 35 ~isc: Remove Hackber~ at rear o~ existing lot $ ~ ~ ,, $ ~ 36.l 36. OtherMisc.(Describe):~~~~ $~ ~ ;$~~ 37' New ra":d Total I, THE UNDERSIGNED CONT~CTOR, su~lt~{lir~:~l~:~;¥~tE;t~'~ CS~muni~ De~[~pmeHt D~re~'f~F~t~Tbn and demolition of the above address. Bid a~ounts am based en all ma~dals and wo~ specifications as stated in the at~ached d~ument entitle~enera] Notes Te Contra~or& Builders Ri~k and~ner~iabll~lR~aranse requirements and ~ed~ me~ City ~ C~ tess / ( Area Code ) Ci~ State Z[~ Date SubmiEed CONTRACTOR COMPLIANCE TO TEXAS SALES TAX CODE Comply w/th all requirements of the Texas Sales Tax Code. Contract Amount is divided as follows: Materials incorporated into the Project (resold to the Owner as defined in Tax Code) All other charges and costs Total The total must equal the to~al mount of the Contract. The Contractor hereby certifies that the CONTRACTOR: Street Address City and State TillS FORM SHALL BE EXECUTED AT THJg TIME OF EXECUTION OF THE CONTRACT AND SHALL BE IVLa~E A PART OF THE CONTRACT. BID # 3286 In the event of the award of a contract to the undersigned, the undersigned will furnish a performance bond and a payment bond for the full amount of the contract, to secure proper compliance with the terms and provisions of the contract, to insure and guarantee the work until final completion and acceptance, and to guarantee payment for all lawful claims for labor performed and materials furnished in the fulfilIment of the contract. It is Understood that the work proposed to be done shall be accepted, when fully completed and finished in accordance with the plans and specifications, to the satisfaction of Community Development Division. The undersigned certifies that the bid prices contained in this proposal have been carefully checked and are submitted as correct and final. Unit and lump sum prices as shown for each item listed in this proposal, shall control over extensions. The undersigned agrees this bid becomes the property of the City of Denton after the official opening. The undersigned affirms that they are duly authorized to execute this contract. Vendor hereby assigns to purchaser any and all claims for overcharges associated with this contract which arise under the antitrust laws of the United States, 15 USCA Section 1 et seq., and which arise under the antitrust laws of]the State of Texas, Tex. Bus. & Com. Code, Section 15.01, et seq. Receipt is hereby acknowledged of the following addenda to the plans and specifications: Addendum No. 1 dated Addendum No. 2 dated Addendum No. 3 dated Addendum No. 4 dated Received Received Received Received Street Address City and State Seal & Authorization (If a Corporation) Telephone BID # 3286 P-3 VENDOR COMPLIANCE TO STATE LAW The 1985 Session of the Texas Legislature passed House Bill 620 relative to the award of contracts to non-resident bidders. This law provides that, in order to be awarded a contract as iow bidder, non-resident bidders (out-of-state contractors whose corporate offices or principal place of business are outside of the State 'of Texas) bid projects for construction, improvements, supplies or services in Texas at an mount lower than the lowest Texas r~sident bidder by the same amount that a Texas resident bidder would be required to underbid a non-resident bidder in order to obtain a comparable contract in the state in which the non-resident's principal place of business is located. The appropriate blanks in Section A below must be filled out by all out-of-state or non-resident bidders in order for your bid to meet specifications. The failure of out-of-state or non-resident contractors to do so will automatically disqualify that bidder. Resident bidders must check the blank in Section B. A. Non-resident bidders in required to be of the statute is attached. (give state), our principal place of business, are percent lower than resident bidders by state law. A copy Non-resident bidders in (give state), our principal place of business, are not required to underbid resident bidders. B. Our principal place of business or corporate offices are in the State of Texas: BIDDER: , - .... Street Address City and State THIS FORM MUST BE RETURNED WITH YOUR BID. BID# 3286 P-4 lar 29 05 02:59p THE WADE HUNT RGENCY 940 591 8993 ACORD. CERTIFICATE.OFLIABILITY INSURANCE ~,,ooucr~. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION NATIONWIDE MUTUAL FIRE INSURANCE COMPAI~ ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 1206 ]BENT OAKS CT HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR :SUITE lO0 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. DENTON TX 76210 INSURERS AFFORDING COVERAGE NA[C# INSUP~O / ~NiURERA; NATIONWIDE MUTUAL FIRE JOE JETER DBA DELTA ONE CONSTRUCTION I.~u.s.s= 3808 CALVERT LANE ,NSU.S.C: DENTON TX 76208 INSURERD: I INSURERS: COVERAGES ' THE POLICIEE OF INSURANCE LIETBD BELOW HAVE BEEN ISSUED TO THE [NEURED NAMES) ABOVE FORTHE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TE~ OR CONDITION OF ~Y CONTRACT OR O~ER DOCUME~ W]~ RESPECT TO WHICH ~IS CERTIFICATE MAY BE I~SUEO OR MAY PERTAIN, THE INSU~NCE AFFORDED BY ~E POUCtES DESCRIBED HEREIN IS SUBJECT TO ALL THE ~RMS, EXCLUSION8 ~O CONDmON~ OF SUCH POLICIES. AGG~GA~ UM[TS 8HO~ MAY ~VE BEEN REDUCED BY PAID C~IMS. O~,~LU*~ 9IAC6582543001 / ~ ~H OCCU~,C~ X ~ ~MM~ROIAL~NE~U~[~ 12/15/04 12/15/05 .~ITIONAL INSURED TO BE RE~ AS CITY OF DENTON OFFICIALS, AGENTS, ~LOYEES ~ VOL~T EERS. 601 E HICKORY DENTON TX 76205/ CERTIFICATE HOLDER CANCELLATION ACORD 25 (2B01/08) Progre~ ye County Mu~Jat In~Jrance Co. P.O. BOX 31260 TAMPA, FL 33631-3260 PROGRES$1YE' DfffE~T Policynumber: 40165722-7 ~ Under~tten by: R'ogre~ve County Mutual Insuran ce Co. ~ Ma'oh 30, 2005 Page 2 of 2 Verification of Insurance for Joe Jeter and Joyce Jeter Please accept this letter as verification of insurance for the vehicle listed~below. Policy State: Texas ~;~(~i~;;~ .................................................... J~;J~;'"~ .................................................... .................. : ..................................................... !~.?..!~."~ ............................................................... Vehicle: 2003 Chert VIN: I GCG19X138216]93 Additional Interest: C~ of Dentoo Texas Et~ect[ve date: ........................................................................ ..M.~.}~.~9.0.~_ ~ ................................................. ~!~.!~j...!.y..~.f~!~.p...~.?..~ ......................... !.~.~.0/~..0,.~ ................................................... .c.~!l!~i.o.~ ............................................................ .O..e.d~q!~!~.:..?.o..o. .................................................... Comprehensive Deductible: 1,000 If you have questions, please call Customer Service. ACORD,. CERTIFICATE OF LIABILITY INSURANCE 03~17~2005DATE ~RODUCER Lord & Co Ins Agents, Inc. (940) 382-9324 P.O. Box 946 Denton TX /.76202 NSURED DELTA ONE CONSTRUCTION~RVICES JOE JETER dba 3808 CALVERT LANE DENTON TX 76208 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURER A: TEXAS MUTUAL iNSURANCE COMPANY INSURER S: INSURER C: INSURER D; INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NSR POLICY EFFECTIVE POLICY EXPIRATION I CLAIMSMADS [] OCCUR MEDEXP(Anyon~person) $ PERSONAL & ADV INJURY $ ~ OCCUR [] CLAIMS MADE AGGREGATE * $ A WORKERSCOMPENEATIONAHDi,/ SBPQ000709220'~ 03/21/2005 03/21/2006/' X [m~v,,u,r~ I I ~. E.L. EACH ACCIDENT S 100,00(~ E.L. DISEASE - EA EMPLOYEE $ 100,000 E.L. DISEASE - POLICY LIMIT $ 500,000 DESCRIPTION OF OPERATIONS/LOCATIONSIVEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS INSURED'S OPERATION: CARPENTRY NOC& DRIVERS BLANKET WAIVER OF SUBROGATION APPLIES AS CONTRACTUALLY REQUIRED/ BID #3286, 634 E. PRAIRIE ST. INFILL NEW CONSTRUCTION CERTIFICATE HOLDER CITY OF DENTON ~ MATERIALS MANAGEMENT DIVISION 901B TEXAS STREET DENTON TX INSURER LETTER: 76201 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLtClES BE CANCELLED BEFOREI0,~ETH XPIRATION DATE THEREOF~ THE ISSUING INSURER WILL ENDEAVOR TO MAIL DAYS WR~ITEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, SUT FAILURE TO DO SO SHALL ITS AGENTS OR ACORD 25-S (7/97) © ACORD CORPORATION 1988