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HomeMy WebLinkAbout2002-136ORDINANCE NO. c�ODo3_/3,G AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF CROSS TIMBERS PARK; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 2828- CROSS TIMBERS PARK AWARDED TO DEAN ELECTRIC, INC. DBA DEAN CONSTRUCTION IN THE AMOUNT OF $558,000). 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 CONTRACTOR AMOUNT 2828 Dean Electric, Inc. $558,000 dba Dean Cosnstruction 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 /01 day of ,2002 eAvz�?L EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FARM: HERBERT L,PKDUTY, CIT)I ATTORNEY IC 3-ORD- BID 2828 CONTRACT AGREEMENT STATE OF TEXAS COUNTY OF DENTON THIS AGREEMENT, made and entered into this 10 day of May A.D., 2002, by and between City of Denton of the County of Denton and State of Texas, acting through Michael A. Conduff thereunto duly authorized so to do, hereinafter termed "OWNER," and of the City of Cedar Hill, County of Dallas 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: in the amount of $558,000.00 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, CA - 1 n and the Specifications therefore, as prepared by: Dunkin Sims Stoffels, Inc. all of which are referenced herein and 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: CIS �� /2A / /I -, 0 APPROVED AS TO FORM: CITY ATTO EY CA-3 City of Denton (SEAL) Dean Electric, Inc. dba Dean Construction CONTRACTOR PO Box 70 Argyle, Texas 76226 MAILING ADDRESS 940 241-2257 PHONE NUMBER Marty W. Halpern PRINTED NAME (SEAL) A'FZ.02,,:2002 07:27 940 349 7302 CITY OF DENTON PURCHASING #0845 P.012/028 EXHIBIT 'C' Addendum #2 Cross Timbers Park Denton, Texas SECTION 00300 - PROPOSAL (BID) FORM MS, CHRISTY SKIRCHAK PURCHASING CITY OF DENTON 901=B-TEXAS-STREET DENTON, TX 76209 Dear Ms. Skirchak: The undersigned, in compliance with your advertisement for Bids for Cross Timbers Park, having examined the Drawings and Specifications, together with the related documents and all conditions surrounding the work, and having visited the sites of the proposed work, hereby, proposes to fumish all work in every detail in accordance with the Contract Documents within the time set forth herein and at the prices stated below. These prices shall cover all expenses incurred in performing the work under the Contract Documents, of which the Proposal is a part. Atta Ted a with, please find (Cashier's Check) (Certified Check) (Bid Bond) in the amount of $ . five percent (5%) of the bid. I (or we) acknowledge receipt of the following addenda: ADDENDA #1: (Initial) ADDENDA #2: (Initial) ADDENDA 00300 -1 CONTRACT DOCUMENTS: Having examined the Proposal, General Instructions, Materials, Execution, Drawings, and Contract for (Bid # 2822) Cross Timbers Park and having examined the premises and circumstances affecting the work, the undersigned offer. OFFER: 1. To furnish all labor, material, tools, equipment, transportation, bonds, all applicable taxes, incidentals, and other facilities, and to perform all work for the Cross Timbers Park, Outdoor Improvements: Total Materials Incorporated into the Project* Total Labor. Supervision and Materials Not Incorporated into the Project* *Sum of these two lines equal Total Base Bid for all Parks. ALTERNATES: $ Zo✓�62��=t Alternate #1 - - Add — Construct all elements of the concrete hike and bike trail from Clear River Lane to Seven Oaks Lane, reference sheets SG-01 and SLE(s �� a- D Total Aftem a #1 *Total Materials Incorporated into the Project *Total Labor. Supervision and Materials Not Incorporated into the Project * Sum of these two lines must equal the Total Alternate #1 Cost 00300 - 2 APR.02.20.i 07:27 940 349 7302 CITY OF DENTON PURCHASING #0845 P.014/028 UNIT PRICES: The undersigned agrees that the following unit prices will apply to adjust quantities of materials Indicated on drawings. Prices are for materials fumished and installed. It is further agreed that the quantities of work to be done at unit prices and material to be furnished may be increased or diminished, as may be considered necessary in the opinion of the Owner's Representative, and that all quantifies of work, whether Increased or decreased, are to be performed at the unit prices set forth below except as provided for in the specifications. All unit prices are for addition or deletion. PAVING COMPONENTS (FURNISH & INSTALL): 6" reinforced concrete paving 6" standard curb & gutter 5" reinforced trail, 8' wide 5" reinforced concrete flatwork 0 Dollars per S.F. Dollars per L.F. 2era 'es- Dollars per L.F. i -;r�o Dollars per S.F. 12" ADS N-12 HDPE Swale crossing -triple �SG�2` 22 Dollars per each Swale Crossing 1-30" & 2-18" ADS N-12 Pipe �G1�Dollars per each Swale Crossing Double 24" Swale Crossing — Single 12" Swale Crossing — Double 12" Curb Ramp Multi -Purpose Court Slab 7—1 -mac" Dollars per each . S Dollars per each Dollars per each fib d` Dollars each Lump Sum TURF COMPONENTS (FURNISH AND INSTALL): Drill Seeded Bermuda grass m C� `L Dollars per S.F. Hydrocast Seeded Bermuda grass _�—'3� Dollars per S.F. Hydromulched Bermuda grass 06; Dollars per S.F. EROSION CONTROL (FURNISH AND INSTALL): Siltation Fabric Barrier— Perimeter Siltation Fabric Barrier — Swale Stabilized Construction Entrance/Exit Staked Erosion Control Matting Dollars per L.F. Dollars per L.F. /S Dollars each Dollars per S.Y_ 00300 - 3 APR.02.2j)2 07:27 940 349 7302 CITY OF DENTON PURCHASING #0845 P.015/028 Staked Common Bermuda Solid Sod _� �— Dollars per S.Y. PLAYGROUND COMPONENTS (FURNISH AND INSTALL): Playground border 3p Dollars per L.F. Playground border integral w/walkway �J` Dollars per LF. Sand Volleyball Court Border 3 a 27 Dollars per L.F. Playground Access Ramp /<9d Dollars per L.F. MISCELLANEOUS (FURNISH AND INSTALL) Pier Casing — 30 Depth /%_f7 O s Dollars per each 24' Diameter Pier— Extension Dollars per LF. 24",Dlameter Pier — Reduction %U =� Dollars per L.F. REM, Inc. #RT Double Drinking Fountain w/$' x 12' — Concrete Pad Dollars per each 1 '/a" Water Line d Dollars per L.F. 1" Water Line Z Dollars per L.F. Import and Plans off -site Soil 2 Sri Dollars per C.Y. On -site Earthwork 9�'�- Dollars per eeeW l" Bench Dollars per each Picnic Table 2 =' Dollars per each EXAMINATION OF SITE: By signing the Proposal Form, contractor acknowledges he is an authorized representative and has examined the she and is aware of all field conditions, which may affect the work. TAXES: Tax shall not be included in your bid. Upon receipt of notice of acceptance of this bid, within sixty (60) days of the date of this proposal, I (or we) agree to execute the formal contract within ten (10) days thereafter, and to deliver an Insurance Certificate, a SURETY BOND in the amount of ONE HUNDRED and TEN PERCENT (110%) of the contract price for the faithful performance of the contract, and a ONE HUNDRED PERCENT (100%) STATUTORY PAYMENT BOND. 00300 - 4 AYK. UB.l UUL ur:�n yav oaa ioua Yili vl• LL]N �v„ L'VAvau.Y rNv n..... ----- The undersigned bidder hereby declares that he has visited the $ite of the work and has carefully examined the Contract Documents pertaining to the work covered by the above bid, and he also agrees to commence work within ten (10) days after date of Written notice to do so and to substantially complete the work on which he has bid within consecutive calendar days, subject to such extensions of time as allowed by the specifications. Contractors that are awarded contracts shall be prepared to Immediately sit down with the City of Denton Representatives and present a plan that will Illustrate how progression of work is to take place. If a contractor is awarded the project the project must be completed within the date stipulated by the Contractor shown above, or the Contractor will be subject to liquidated damages as set forth below. A working day is defined as a calendar day, In which weather or other conditions not under the control of the company will permit the performance of the principal units of Work underway for a continuous period of not less than seven (7) hours between 7:00 A.M. and 6:00 P.M. The undersigned agrees that the Owner may retain the sum of Five Hundred Dollars ($500.00) from the amount to be paid to the undersigned for each calendar day that the work contemplated remains -Incomplete -beyond the -time set forth, Sundays -and hod ays INCLUDED. This amount is agreed upon as the proper measure of liquidated damages, which the Owner wfil sustain per day, by failure of the undersigned to complete the worts at the stipulated time, and is not to be construed in any sense as a penalty. Payment will be made to the contractor within thirty (30) days after receipt of proper invoice and written acceptance of project from the Owner's representative, all required material Invoices, documentation, etc and all written warranties from both contractor and manufacturer. I (or we) agree to promptly furnish a oorrect and current financial statemen{of condition with a list of owned equipment and an experience record of completed projects for examination by Owner and architect, If same Is required. SEAL (If by Corporation) ao RESPECTFU Y SUBMI-TTEgAy- DEAN AN ONSTRUCTION V! (Name) M..W. Halpern 701 Hall St. (Address) Cedar Hill, Tx. 75104 00300.5 70 39Vd "1SNOD NG3Q SLOETblOOG 90:01 L00Z/L0/70 PERFORMANCE BOND STATE OF TEXAS § COUNTY OF DENTON § BOND NO. 8156 70 59 KNOW ALL MEN BY THESE PRESENTS: That Dean Electric, inc. dba Dean Construction whose address is 701 Hall Str., Cedar Hill, TX 75104 hereinafter called Principal, and FEDERAL IBSURMC6 CCHPa6P a corporation organized and existing under the laws of the State of IPDIaim and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, in the penal sum of Five Hundred and Fifty Fight Thousand Dollars and 0/100 DOLLARS ($ UJ 00.(0) 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 2002-136 , with the City of Denton, the Owner, dated the 10 day of May A.D. 2002, a copy of which is hereto attached and made a part hereof, for Bid MR- Cross Timbers Park. 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 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. 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 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. 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 suretyship, 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 thel4rRday of AAY , 2002 ATTEST: PRINCIPAL ]CLUCMrc' INC.' ,:: :: J�/� �/ � I�� ;ice ✓� coffsmucrrCff -SECRETARY BY: �/PRESIDENT Wo i SURETY FEDERAL IRSORARCE CQYPARY BY-.. a „ ATTORNEY -IN- A SIEVE RICI3rEBACRER The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is: NAME: s e S GROUP, INC. STREET ADDRESS: 9400 R- CEA"1'ARL M 950DALLAS TESAS 75231 (NOTE: Date of Performance Bond must be date of Contract. If Resident Agent is not a corporation, give a person's name.) PB-2 16T.11 �►Y : �7►117 STATE OF TEXAS § BWD No. 8156 70 59 COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That Dean Electric, Inc. dha Dean Construction, whose address is 701 Hall Str. Cedar Hill TX 75104 hereinafter called Principal, and _FRnxRAT. TmsuWN(B CaIPANY , a corporation organized and existing under the laws of the State of rsniAsn 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 furnish materials for, or perform labor upon, the building or improvements hereinafter referred to, in the penal sum of Five Hundred and Fifty Eight Thousand Dollars and 0/100 DOLLARS ($ 55&000) 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 2002-136 , with the City of Denton, the Owner, dated the 14" day of May A.D. 2002, a copy of which is hereto attached and made a part hereof, for Bid 2828 - Cross Timbers Park. 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 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. 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 suretyship, 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 4= day of MAY , aoo2 ATTEST: PRINCIPAL DEAN ELECTRIC, INC.,. DBA DEAN CONSTRUCTION B. SECRETARY BY: PRESIDENT W-MMOMY, VARG. SURETY PEDERAL XMSURANCE CCWANY BY ATTORNEY -IN -FA STEVE RIC%ENBACRRR The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is: NAME: a e S M", INC. STREET ADDRESS: 9400 N. CENTRAL EXPRESSWAY, SUITE 950, DALLAS, TEXAS 75231 (NOTE: Date of Payment Bond must be date of Contract. If Resident Agent is not a corporation, give a person's name.) Chubb POWER Federal Insurance Company Ann.: Surety Department OF Vigilant Insurance Company 15 Mountain View Road Surety ATTORNEY Pacific Indemnity Company Warren, NJ 07059 Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and appoint Steve Rickenb acher , David C. Oxford, Charles R. Miller and Clinton Norris of Dallas, Texas ---------------- each as their true and lawful Attomey-in-Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise, bonds and undertakings and other writings obligatory in the nature thereof (other than bail bonds) given or executed in the course of business, and any Instruments amending or sharing the same, and consents to the modification or alteration of any instrument referred to In said bonds or obligations. In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate seals on this 5 th day of November, 2001 Kenneth 'C. Werifflirkslilstant Secretary iF E. Robertson, Ida P esident STATE OF NEW JERSEY 1 L/ County of Somerset On this 5 th clever November, 2001 before me, a Notary Public of New Jersey, personalty came Kenneth C. Wendel, to me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which executed the foregoing Power of Attorney, and the said Kenneth C. Wendel being by me duty swum, did depose and say that he Is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporals seals thereof, than the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of the By -Laws of said Companies; and that he sign r of Attorney as Assistant Secretary of said Companies by like authority; and that he is acquainted with Frank E. Robertson, and knows him to be M Id Companies; and that the signature of Frank E. Robertson, subscribed to said Paver of Attomey Is in the genuine handwriting of Frank E. 01 n I, m hereto subscribed by authority of said By nrrAl tp fpnenrs presenoe. riPUBLIC Notary Public State of New Jersey eR No.2231647 Notary Public Commission ExpirejOgir. p, Extract from the By -Laws of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY: 'All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman or the President or a Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the following officers: Chairman, President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory In the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such paver so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it Is attached.' - I, Kenneth C. Wendel, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the'Companies') do hereby certify that @ the foregoing extract of the By -Laws of the Companies is true and correct, (IQ the Companies are duty licensed and auhlormed to transact surety business in all 50 of the United States of America and the District of Cdumbla and are authorized by the U. S. Treasury Department; further, Federal and Vigilant are licensed In Puerto Rico and the U. S. Virgin Islands, and Federal Is licensed in American Samoa, Guam, and each of the Provtnoes or Canada except Prince Edward Island; and (IIQ the foregoing Power of Attorney is true, correct and In full force and effect. Given under my hand and seals of said Companies at Warren, NJ this Z4TH day of MAY 2002 �,Sufwv�p �aWrm Ce" `V�r.+ataAxpF i7 ��,paroty4�� �` COS �MDIANll, 'r73 MSa� 't'fW Kenneth C. Wendel, AillsistaW Secretary IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY Telephone (908) 903-3485 Fax (908) 903-3656 e-mail: surety@chubb.com t5-7D0=(Ed. 44M CONSENT CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Bidder's attention is directed to the insurance requirements below. It is highly recommended that bidders confer with their respective insurance carriers or brokers to determine in advance of Bid submission the availability of insurance certificates and endorsements as prescribed and provided herein. If an apparent low bidder fails to comply strictly with the insurance requirements, that bidder may be disqualified from award of the contract. Upon bid award, all insurance requirements shall become contractual obligations which the successful bidder shall have a duty to maintain throughout the course of this contract. STANDARD PROVISIONS: Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the- contracted work has been completed and accepted by the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter. As soon as practicable after notification of bid award, Contractor shall file with the Purchasing Department satisfactory certificates of insurance, containing the bid number and title of the project. Contractor may, upon written request to the Purchasing Department, ask for clarification of any insurance requirements at any time, however, Contractors are strongly advised to make such requests prior to bid opening, since the insurance requirements may not be modified or waived after bid opening unless a written exception has been submitted with the bid. Contractor shall not commence any work or deliver any material until he or she receives notification that the contract has been accepted, approved, and signed by the City of Denton. All insurance policies proposed or obtained in satisfaction of these requirements shall comply with the following general specifications, and shall be maintained in compliance with these general specifications throughout the duration of the Contract, or longer, if so noted: • Each policy shall be issued by a company authorized to do business in the State of Texas with an A.M. Best Company rating of at least A • Any deductibles or self -insured retentions shall be declared in the bid proposal. If requested by the City, the insurer shall reduce or eliminate such deductibles or self -insured retentions with respect to the City, its officials, agents, employees and volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. • Liability policies shall be endorsed to provide the following: •• Name as additional insured the City of Denton, its Officials, Agents, Employees and volunteers. •• That such insurance is primary to any other insurance available to the additional insured with respect to claims covered under the policy and that this insurance applies separately to each insured against whom claim is made or suit is brought. The inclusion of more than one insured shall not operate to increase the insurer's limit of liability. • All policies shall be endorsed to read: "SAID POLICY SHALL NOT BE CANCELLED, NONRENEWED OR MATERIALLY CHANGE WITHOUT 30 DAYS ADVANCED WRITTEN NOTICE BEING GIVEN TO THE OWNER (CITY) EXCEPT WHEN THE POLICY IS BEING CANCELLED FOR NONPAYMENT OF PREMIUM IN WHICH CASE 10 DAYS ADVANCE WRITTEN NOTICE IS REQUIRED". • Should any of the required insurance be provided under 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: [XI A. General Liability Insurance: General Liability insurance with combined single limits of not less than $1,000,000 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: • 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. [x] Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than $1,000,000 either in a single policy or in a combination of basic and umbrella or excess policies. The policy will include bodily injury and property damage liability arising out of the operation, maintenance and use of all automobiles and mobile equipment used in conjunction with this contract. Satisfaction of the above requirement shall be in the form of a policy endorsement for: any auto, or all owned, hired and non -owned autos. [X] Workers Compensation Insurance Contractor shall purchase and maintain Worker's Compensation insurance which, in addition to meeting the minimum statutory requirements for issuance of such insurance, has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 policy limit for occupational disease. The City need not be named as an "Additional Insured" but the insurer shall agree to waive all rights of subrogation against the City, its officials, agents, employees and volunteers for any work performed for the City by the Named Insured. For building or construction projects, the Contractor shall comply with the provisions of Attachment 1 in accordance with §406.096 of the Texas Labor Code and rule 28TAC 110.110 of the Texas Worker's Compensation Commission (TWCC). [ ] Owner's and Contractor's Protective Liability Insurance The Contractor shall obtain, pay for and maintain at all times during the prosecution of the work under this contract, an Owner's and Contractor's Protective Liability insurance policy naming the City as insured for property damage and bodily injury which may arise in the prosecution of the work or Contractor's operations under this contract. Coverage shall be on an "occurrence" basis, and the policy shall be issued by the same insurance company that carries the Contractor's liability insurance. Policy limits will be at least combined bodily injury and property damage per occurrence with a aggregate. [ ] Fire Damage Legal Liability Insurance Coverage is required if Broad form General Liability is not provided or is unavailable to the contractor or if a contractor leases or rents a portion of a City building. Limits of not less than each occurrence are required. [ ] Professional Liability Insurance Professional liability insurance with limits not less than per claim with respect to negligent acts, errors or omissions in connection with professional services is required under this Agreement. [ ] 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. [ ] 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. ATTACHMENTI. [XI Worker's Compensation Coverage for Building or Construction Projects for Governmental Entities A. Definitions: Certificate of coverage ("certificate ")-A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in §406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner -operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any overage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the Contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being 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 mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain from each other person with whom it contracts, and provide to the contractor: (a) a certificate of coverage, prior to the other person beginning work on the project; and (b) 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. 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. Bid 2828 - Cross Timbers Park ACORDn CERTIFICATE OF LIABILITY INSURANCE 06/10/2 02 PRODUCER (214) 691-5721 FAX (214) 691-4961 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION K & S Group, Inc. Southwest Assurance Group, Inc ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 9400 N Central Expwy., #950 Dallas, TX 75231-5044 INSURERS AFFORDING COVERAGE INSURED Dean Electric, Inc. INSURER A: Amerisure Insurance Company Dean Electric, Inc. dba Dean Construction NSURER B: 701 Hall Street INSURER C' Cedar Hill, TX 75104 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. HLTR ER TYPE OF INSURANCE POLICY NUMBER DATE VEFMFDDNY) POLICY EXPIRATION LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE rX] OCCUR CPPI074168 03/31/2002 03/31/2003 EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE (Any one fire) $ 300,000 MED EXP (Anyone Person) $ 10,000 PERSONAL S ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY X SECT M LOC PRODUCTS-COMP/OP AGO $ 2,000,000 A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS CA1110265 03/31/2002 03/31/2003 COMBINED SINGLE LIMB (Ea accident) $ 1,000,000 X BODILY INJURY (Per W..n) $ X BODILY INJURY (Per accident) $ X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY -EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGG $ $ A EXCESS LIABILITY X OCCUR CLAIMS MADE DEDUCTIBLE RETENTION $ CU0298946 03/31/2002 03/31/2003 EACH OCCURRENCE $ 3,000,000 AGGREGATE $ 3,000,000 $ $ is A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY WC0783741 03/31/2002 03/31/2003 X I TORVLIMRS ER- E.L. EACH ACCIDENT _ $ 500,000 E.L. DISEASE - EA EMPLOYEE $ SOD, ODD E.L. DISEASE - POLICY LIMIT $ 500,000 A oTa R Builders Risk (all risk) M1067217 03/31/2002 03/31/2003 $4,000,000 per location $25,000 Transit $500 Deductible DESCRIPTION OF OPERATIONWLOCATIONSIVEHICLES/EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS Project: Cross Timbers Park, Denton TX Page 1 of 2 - see attached CERTIFICATE HOLDER I I ADDITIONAL INSURED; INSURER LETTER: CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL 149IM0115XI11MMAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, CITY OF DENTON KYAXX 901-0 Texas Street X AUTHORIZED REPRESENTATIVE Denton, TX 76209 Stephen Rickenbacher SHEREL��- ACORD 25S (7197) ®ACORD CORPORATION 1988 CITY OF DENTON Certificate issued to CITY OF DENTON 06/10/2002 Named Insured: Dean Electric, Inc. Project: Cross Timbers Park, Denton TX City of Denton, its officials, agents, employees and volunteers are all shown as additional insureds with regards to the liability policies on a primary basis as required by contract. A waiver of subrogation is afforded to the same with regards to the Work Camp policy as required by contract. Said policies shall not be cancelled, nonrenewed or materially changed without 30 days advanced written notice being given to the owner (city) except when the policy is being cancelled for nonpayment of premium in which case 10 days advanced written notice is required.