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HomeMy WebLinkAbout1998-379ORDINANCE NO AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR NORTH LAKES AND DENIA RECREATION CENTER EXPANSION, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE (BID # 2287 — NORTH LAKES AND DENIA RECREATION CENTER EXPANSION AWARDED TO MCWILLIAMS ENTERPRISES, INC, IN THE AMOUNT OF $1,399,400 00) 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 I 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 CONTRACTOR AMOUNT 2287 MCWILLIAMS ENTERPRISES, INC $1,399,400.00 SECTION II That the acceptance and approval of the above competitive bids shall not constitute a contract between the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, and insurance certificate after notification of the award of the bid SECTION III That the City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein SEQTION IV That upon acceptance and approval of the above competitive bids and the execution of contracts for the public works and improvements as authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto ,.SECTION V That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the �t� day of��d�/�/ ,1998 J ILLER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY�we�[i'.�.ai APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY 2287 N LAKE&DENIA CONTRACTUAL ORDINANCE ii \ § ± k ATTACHMENT : ` K i § f R § § # E # k / ~ § t § \ §§ n © B k R® N/$ a OR §kk k � / \ \ § . § � % \ K k - 2 $ s s s e ■ - c § 2 f § � a § § Z ) § B \ k 44 u % B § § 2 § § 8 § § § § § § 2 CONTRACT AGREEMENT STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT, made and entered into this 17 day of NOVEMBER A.D., 1998, by and between CITY OF DENTON of the County of DENTON and State of Texas, acting through MICHAEL W. JEZ, City Manager, thereunto duly authorized so to do, hereinafter termed "OWNER," and MCWILLIAMS ENTERPRISES INC. 403 N. SYLVANIA AVE. # 18 FORT WORTH, TX 76111 of the City of FORT WORTH County of TARRANT 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 #2287 - NORTHLAKES & DENIA REC. CENTER EXPANSION in the amount of $193999400.00 and all extra work in connection therewith, under the terms as stated in the General Conditions of the agreement, and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the work specified above, in accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), Instructions to Bidders, and the Performance and Payment Bonds, all attached hereto, and in accordance with the CA - 1 plans, which includes all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by CORGAN ASSOCIATES, INC. all of which are made a part hereof and collectively evidence and constitute the entire contract Independent Status It is mutually understood and agreed by and between City and Contractor that Contractor is an independent contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas, for the purposes of income tax, withholding, social security taxes, vacation or 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 shall and does hereby agree to indemnify and hold harmless the City of Denton from any and all damages, loss, or liability of any kind whatsoever, by reason of injury to property or third persons occasioned by any error, omission or negligent act of Contractor, its officers, agents, employees, invitees, and other persons for whom it is legally liable, with regard to the performance of this Agreement, and Contractor will, at its cost and expense, defend and protect the City of Denton against any and all such claims and demands Choice of Law and Venue This agreement shall be governed by the law of the State of Texas and venue for its construction and enforcement shall lie in the courts of Denton County, Texas The CONTRACTOR hereby agrees to commence work on or after the date 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 st mil. .c` APPROVED AS TO CA-3 (SEAL) MCWILLIAMS ENTERPRISES INC CONTRACTOR q7,c yOS N Sq�"4IA'AVE 411 $ MAILING ADDRESS r'ei of k PHONE NUMBER % 1 7 2ZZ-I' -71 FAX NUMBER BY ?( 2S:SIOs-rl TITLE '�� MC W ILL�ACN S y(,N I_ 1961Q1I clll�r:wiz! (SEAL) Bond No. 1375620 PEMORMMCE BOND STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS. That MCWILLIAMS ENTERPRim INC., whose address is 403 N. SYLVANIA AVE. # 189 FORT WORTH DR.,TXTX 776111, hereinafter called Principal. and Far West insurance c�b�i� 9Uoder the laws of the State of TEXAS, 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, hereinafter called Owner, in the penal sum of ONE MILLION THREE HUNDRED NINETY NINE THOUSAND FOUR HUNDRED AND no/100 DOLLARS ($1,399,400.00) plus 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, for 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 Ordinance Number 98-379, with the City of Denton, the Owner, dated the 17 day of NOVEMBER A.D. 1998, a copy of which is hereto attached and made a part hereof, for BID # 2287 — NORTHLAKES & DENIA REC. CENTER EXPANSION. NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill all 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 herem and shall fully reimburse and repay Owner all outlay and expense which the Owner may mcur in making good any default or deficiency, then this obligation shall be void, otherwise, it shall remain in full force and effect 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 thereunder, or to the Plans, Specifications, Drawings, etc., accompanying the some, 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 thereunder, or to the Plans, Specifications, Dmwmgs, 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 service of process may be had in matters ansurg out of such suretyship, as provided by Article 7 19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Tam IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of which shall be deemed an original, this the 17 day of NOVEMBER 1"S. ATTEST ATTEST PRINCIPAL McWilliams Enterprises, Inc BY 4 PRE ENT SURETY Far West Insurance Company R Amwest Surety Insurance Company ATTORNEY -IN -FACT Debbie Smith The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is NAME William D Baldwin 1201 Kas Drive, Suite 8 STREET ADDRESS Richardson, Tx 75081 (NOTE Date of Performance Bond must be date of Contract If Resident Agent is not a corporation, give a person Is name ) BondeNd. 1375620 PAYNEW BOND STATE OF TEXAS COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS That MCVVn LIAMS ENTERPRISES, INC., whose address is 403 N. SYLVANIA AVE. #18, FORT WORTH, TX, 76111, hereinafter called Principal, and Far West Insurance Company R Amwest Surety Insurance Company a corporation organized and existing under the laws of the State of TEXAS, 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, hereinafter called Owner, and unto all persons, firms, and corporations who may furmsh materials for, or perform labor upon, the building or improvements hereinafter referred to, in the penal sum of ONE M MON THREE HUNDRED NINETY NINE THOUSAND FOUR HUNDRED AND N0/100 DOLLARS ($1,399,400.00) in lawful money of the United States, to be paid in Denton, County, Texas, for 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 time presents This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement which increases the Contract puce, 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 98-379, with the City of Denton, the Owner, dated the 12 day of NOVEM 3ER A.D. 1998, a copy of which is hereto attached and made a part hereof, for BID # 2287 — NORTHLAE ES & DENIA REC. CENTER EXPANSION. 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 tune, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, 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 thereunder, or to the Plans, Specifications, Drawings, etc !' e 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 andd designated agog 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 suretyship, as provided by Article 7 19-1 of the Insurance Code, Vernon's Annotated Civil Ststutea of the State of Texas. IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of which shall be deemed an onginal, this the 17 day of NOVEbbMER,199S. ATTEST SE RE AR ATTEST e_s2 WA McWilliams Enterorises, Inc. SURETY Far West Insurance Companyh Amwest Surety Insurance Companv , BY ATTORNEY -IN -FACT Debbie smith The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is NAME William D. Baldwin STREET ADDRESS 1201 Kas Drive, Suite B, Richardson, Tx 75081 (NOTE Date of Payment Bond must be date of Contract If Resident Agent is not a corporation, give a person's name ) Z287 CONTRACT R BONDS LIMITED POWER OF ATTORNEY Amwest Surety Insurance Company Far West Insurance Company_ ExnirationDate 10/05/00 POWERNUMBER 0000936989 This document is printed on white paper containing the amftcial watermarked logo( A ) of Amwest Surety Insurance Company on the front and Mown security paper on the back Only unaltered originals of the Limited Power of Attorney ("POA') are valid This POA may not be used in conjunction with any other POA No representations or warranties regarding this POA may be made by any person This POA is governed by the laws of the State of Nebraska and is only valid until the expiration date Amwest Surety Insurance Company and Far West Insurance Company (collectively the' Company') shall not be liable on any limited POA which is fraudulently produced forged or otherwise distributed without the permission of the Company Any party concerned about the validity of this PDA or an accompanying Company bond should call your local Amwest branch office at (972) 503 6925 KNOW ALL BY THESE PRESENT, that Amwest Surety Insurance Company, a Nebraska corporation and Far West Insurance Company, a Nebraska corporation (collectively the Company ), do hereby make constitute and appoint Suzanne C Baldwin William Baldwin Cindy Fowler Debbie Smith Michael B Hill As Employees of Baldwin Ins And Bonding Agency its true and lawful Attorney in -fact, with limited power and authority for and on behalf of the Company as surety to execute deliver and affix the seal of the company thereto if a seal is required on bonds, undertakings, recognizances reinsurance agreement for a Miller Act or other performance bond or other written obligations in the nature thereof as follows All Bonds up to $10,000,000 00 and to bind the company thereby This appointment is made under and by authority of the By Laws of the Company which are now in full force and effect I the undersigned secretary of Amwest Surety Insurance Company, a Nebraska corporation and Far West Insurance Company a Nebraska corporation DO HEREBY CERTIFY that this Power of Attorney remains in full force and effect and has not been revoked and furthermore that the resolutions of the Board of Directors of both Amwest Surety Insurance Company and Far West Insurance Company set forth on this Power of Attorney and that the relevant provisions of the By Laws of each company are now in full force and effect Bond No 1375620 Signed & sealed this 17th dayof November 19 98 Karen G Cohen Secretary + + « « + + + + + * + + * « + + + RESOLUTIONS OF THE BOARD OF DIRECTORS " " * * " * * * * " " * * " " * * * * * * * " * * * * This POA is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the Board of Directors of Amwest Surety Insurance Company at a meeting duly held on December 15, 1975 and Far West Insurance Company at a meeting duly held on July 28 1983 RESOLVED that the President or any Vice President, in conjunction with the Secretary or any Assistant Secretary may appoint attorneys in fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case for and on behalf of the Company to execute and deliver and affix the seal of the Company to bonds, undertakings, recogmzances and suretyship obligations of all kinds and said officers may remove any such attorney in fact or agent and revoke any POA previously granted to such person RESOLVED FURTHER, that any bond, undertaking recognizance, or suretyship obligation shall be valid and bind upon the Company (1) when signed by the President or any Vice President and attested and sealed (if a seal be required) by any Secretary or Assistant Secretary or (11) when signed by the President or any Vice President or Secretary or Assistant Secretary and countersigned and sealed (if a said be required) by a duly authorized attorney -in fact or agent or (in) when duly executed and sealed (if a seal be required) by one or more attorneys in fact or agents pursuant to and within the limits of the authority evidenced by the power of attorney issued by the Company to such person or persons RESOLVED FURTHER, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any POA or certification thereof authorizing the execution and delivery of any bond, undertaking recognizance or other suretyship obligations of the Company and such signature and seal when so used shall have the same force and effect as though manually affixed IN WITNESS WHEREOF Amwest Surety Insurance Company and Far West Insurance Company have caused these present to be signed by its proper officers and its corporate seals to be hereunto affixed this 251b day�f$eptember 1 / S* ,� / ; _ (V604.. .__VA J.C,L// .�Gglf.Qfe� _ .� John E Savage, Presidelit Karen G Cohen, Secretary State of California County of Los Angeles On September 25, 1998 before me Peggy B Lofton Notary Public, personally appeared John E Savage and Karen G Cohen personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me all that he/she/they executed the same in his/her/their authorized capacity(ies) and that by his/her/their sigreatute(s) on the instrument the per or the entity upon behalf of which the person(s) acted executed the instrument WITNESS my d and official seal pEGGYl.UOFfON /1Cd6>rtlb S +:y \NSUH yU R'qN `Z Qtp'�DpPOgq�y� 4���pPOgq Cs� *Signature _—Ierr mr olio (Seal)Z tlDg klQ�w a n 13° m\o • My Cam Eaplrm Am 6.1i94 W DEC14 ��O W' DEC14 0'0 rNJ� Z�8BB gle1985 qP -2000 5230 Las Virgenes Road Calabasas, CA 91302 TEL 818 871 IMPORTANT NOTICE TO OBTAIN INFORMATION OR TO MAKE A COMPLAINT You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at 1-800-252-3439 You may write the Texas Department of Insurance P.O. Box 149104 Austin, Texas 78714-9104 FAX No. (512) 475-1771 PREMIUM OR CLAIM DISPUTES Should you have a dispute concerning your premium or about a claim, you should contact the company first If the dispute is not resolved, you may contact the Texas Department of Insurance ATTACH THIS NOTICE TO YOUR POLICY This notice is for information only and does not become a part or condition of the attached document Yr= Jan= Lang I o Uty oT Lentan Lentae Harp001 Late 1219198 Time 9 10 42 AM Page 1 OT WAVE "Keftara OS31JaC t 1IP Irm '"1^' & 12119e PRODUCER THIS CERTIFICATE is MUM 8 A INATTER OF INFOKMATHM ONLY AND CONFERS NO RNNTS UPON THE CERTIFICATE Baldwin Ins S goading Agency HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1201 Kam Drive, Suite g ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Richardson TX 7$081 COMPANIES AFFORDING COVERAGE COMPANY A Bituminous Insurance David W Morgan aaan6ma - - - -0035 INSURED COMPANY B COMPANY McWilliams Enterprieem, Ina , 403 N. Sylvania St Worth TX 76111 C COMPANY D RAG ' THIS IS TO CERTIFY THAT7111 POLICIES OF INSURANCE LISTED EIROWHAVE OW UNDER) TOTM PWJ W NAMED ABOVE FOR THE POLICY PINUOO INDICATED M"WnWANESLOANY REQUIREMENT r TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENTWITN RESPECT TO WHICH THE; CERTIPICATE MAY M ]MUSE OR MAY PERTAIN, T/lE INauRANOEAPPOMM BY THE POLICIES OESCRNO HERM IS SUBJECT m ALL THE TERMS, EECLUSIONE Arm OF m16/1 FOIJCIIM LIMITS SHOWN MAY RAVE EER REDUCED BY PAID CLAMS. LTR TYPE OF INSURANCE POLICY NUMBER POLICY ATE IMM POLICY IUWODIDIM OMITS GBNFML LIABILITY GWNMLAGGNGATE s200000O X PFwDuc -OwpOPAOo 82000000 A moaNmmtALOEMIRtALLUUwnY CLAIMS MADE MX OCCUR CLY2302492 03/29/98 03/29/99 PRWNAI.aADVNUURY $ 1000000 EACH OCCURRENCE $1000000 OIHNFR'S a00NTRA0IOR'S PROT RRE DAMAGE(Any one fire) $50000 HBOWw " X $5000 A AUTOMOBILE LIABILITY AHYAum C11.B2542273 03/29/99 03/29/99 COMMNWMMUUMIT *1000000 X BOOILYINJURY (Per PHY4Rl S ALL OWNED AUTOS sCIeDULWAUmS iY INAW WODDWIRQ P HIRWAUTOIS NOMOMRI®AI/fOB PROPERTY DAMAGE I GARAGE UAaUTY AUTO ONLY-EAACCIORT s OTHER THAN AM ONLY ANYAIITO EACH ACCIDENT $ AgAfA"TE s eXCESSumam EACHGCCURROM $1000000 AooReoau $ 1000000 A X umelauAFORe CUP2523877 03/29/08 03/29/99 S OTIRTHAHUr FOAM WORMMOOMPRMTCNMD BMPLOYEMUAWJTY EL RAGE ACCIDENT S THE PROPRIETOR INCL PART ORSRD WUUM OFPICERS ARE. IVICL ELPMUM POUOYLEMT Is EL OISUN SA EMPLOYEE s OTHER Dawmp,nON OF OPERATIONSALOCATIM679MINFIRM pro eat. Bide 12 e- N9Aara�moLytsaka4 p6 Dania Rea Center Expansion The City of niona oInn�Tz Ci:veSaga �s pY�sto my othareiaiuran�aedaT ailabla to urea- FICA f CANCELLATION 'I DZKTO-2 SHOULD ANY OF THE ADM DNORIESD POLICIES M CANCELLED OM RTHE SERRATION DATE TNRWP, THE MWANG COMPANY WILL MAIL C1ty of Denton Atta Michael W Jos 30 RAYS WHITISH NOTICE TO THE GERNRDAYS HOLD=Kum To TNelEPT 221 N Elm Bt Denton TX 76201 RD 36frg RA IA91R 12/09/98 WED 09 20 [TX/RX NO 50571 SENT BY, DENTON*CITY*ACCTO; 12.14-98 12:21; 9403497789 => +19403497302; #2/2 III GCIVED 12 14 00, 11 E0, 0173UO478 •> D[NTON'CSTV'ACCTO, 82 12/14/1998 12:81 8173542475 BENOW/TEAM TEXAS PAGE 02 IBSNHMAXOHIO pLoYAM A BNCX MC. B>?nFORD, ddrmd M at iomsd �jMpTRTT JAT . Drhd4rbw '0 ay( M ) IF pyj wMamoraaldlandanyeetlneatxdhr.doaumrn ,MEOFPOYOY aolmWuoue sKr>evo® POu0YNiumeon uMIrOFW1BItJTY POLgYTEWM 9/2=9 W07-191-417a124T8 AZ, CA. OO, ILTX 1 f6WI,ODO �irr WORKERS COMPENBAYION NY allowu r ae00,000 06NERAL UAWLITY r (j CUUW9MAN Irlwy NO PROW One1lluloo WY r e WY � ALR AaddrlN• �- B l and P O M W Oeamwas ❑ pO1N� WaW awW� o OTMR wonK Pia sn For all wgo-lted (by leered employees of w�cWilliams Faterpdm, Inc through BEmployee Leasing for Dacia Pads and North We Park 'ob w Lawry ClW71rICATa Of Denton ��Ap L.Y=gyp H01 e� : Jacet shapaon pd 3 McKinney ~ 1h1■ COPO&Ob u nw arurlh,w 7Nwroell*rtNer ftwwu y AN IrMFMIL Insurance Requirements Page 1 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 Eng/Blda/MASTER doe REVISED 10/12/94 Cl - 1 Insurance Requirements Page 2 • 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 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 provide thirty (30) days prior written notice of cancellation, non -renewal or reduction in coverage • 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. Eng/Side/MASTER doe REVISED 10/12/94 Cl - 2 Insurance Requirements Page 3 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 [XI A General Liability Insurance - General Liability insurance with combined single limits of not less than $2,000.000 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 If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) is used, it shall include at least Eng/Bide/MASTER doc REVISED 10/12/94 Cl - 3 Insurance Requirements Page 4 • 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 this contract, personal injury liability and broad form property damage liability [XI Automobile Liability Insurance Contractor shall provide Commercial Automobile Liability Insurance with Combined Single Limits (CSL) of not less than $500,000.00 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 [XI 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) Eng/Bids/MASTER doc REVISED 10/12/94 Cl - 4 Insurance Requirements Page 5 [ 1 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 [ 1 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 [ 1 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 [ 1 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 [ 1 Additional Insurance Other insurance may be required hazardous contracts and specific additional insurance is required requirement will be described in contract specifications Eng/Bids/MASTER doc REVISED 10/12/94 on an individual basis for extra service agreements If such for a specific contract, that the "Specific Conditions" of the CI-5 Insurance Requirements Page 6 ATTACHMENT 1 [I Worker's Compensation Coverage for Budding or Construction Projects for Governmental Entitles 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 entitles 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 01 1(44) for all employees of the Contractor providing services on the project, for the duration of the project Eng/Side/MASTER doe REVISED 10/12/94 Cl - 6 Insurance Requirements Page 7 C The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract D If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended E The contractor shall obtain from each person providing services on a project, and provide to the governmental entity (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity 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 mad 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 Eng/Bide/MASTER doc REVISED 10/12/94 Cl - 7 Insurance Requirements Page 8 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 01 1(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) 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 mad 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 Eng/Side/MASTER doc REVISED 10/12/94 Cl - 8 Insurance Requirements Page 9 (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 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 Eng/Bids/MASTER doc REVISED 10/12/94 C1 - 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 DOCUMENT 00300 SUBMITTED (Address) Dear Sir Undersigned, having examined L,-twmgs, Proles Manual, related documents, and site of proposed work, and being faniliai with all of conditions surrounding work, including availability of materials and laboi, tereby proposes to furnish all labor, materials, and equipment required for Gencxal Cc nstruction of the Additions and Renovation to Denia and North , Recreation l eritars, Bid #2287 for the City of Denton, Denton, Texas, in accordance with,Draprmgs and Project Manual prepared by Corgan Associates, Inc, for the lump sum BASE BID amount of. ��C4,d Dn/ riz , c /, o.✓ b /�ct,�d-e Twe-¢y , ale �. o.,s i eo BASEBM Dollars ( 1/ 1 ds oov oc NOTE Amount shall be shown in both words and figures In case of discrepancy, amount shown in wit a: shall govern Above amount does not include State of Texas Sales Tit;. anc Penovauon Tax. Undersignea affirms that above st,vulated base bid sum represent., entire cost in accordance with Drawings, Project Manuat, 'nd Addenda and that no clum will be made on accouut of 2any increase in wage scales, mate al 3nces, taxes, insurance, cc,,. indexes, or any other rates feZg construction industry r r t 4es project Undersigned bidder agrees that this bid shall be good and may aot be withdrawn for a period of 60 calendar days after scheduled closing tune for receiving bids Undersigned bidder understands coat the Owner reserves right to reject any or all bids and to waive any informahues in bidauic, The successful bidder's bid se:anty v dl be retained until the contnaut has been executec and payment and performance bonds haw been executed and delivered The Owner reserves the right to retain the security of the :,e.xr two lowest bidders until the lowest bidder enters into contract or uitd 60 days after yid opening, whichever comes fun All other bid securities will be returned as soon as practicable The Owner reserves right to rec ore bonds from successful bid !er If written notice of acceptance of this burrs recLive." w,chm 60 days after date desigaatyd for opening of bids, undersigned, within 10 days ot nwt,pt of the Contract, will Sig and deliver to the Owner the Contract required Performai.ce Bc_.d Labor and Material Payment Bond, Certificate of 19 October 1998 00300 -1 CAI 98066 00 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Date Signed — Tit, Namp_a,�,o�\ �\ e of Firm 11�W N. c w\ �,,, Organized as a. (Mark one) Legal Address Proprietorship ---------- Partnersfup ' Corporation_ X Under the law of the State Of (Dace) 'U�\\ Telephone No ��1-1X--L Z30(Z� If Bid rs by a corporation, affix seal above address END OF DOCUMENT 19 October 1999 00300 - 4 CAI 98066 00