HomeMy WebLinkAbout2001-103ORDINANCE NO
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS
CONTRACT FOR THE CONSTRUCTION OF NEIGHBORHOOD PARKS AND
PLAYGROUND IMPROVEMENTS, PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFORE, AND PROVIDING FOR AN EFFECTIVE DATE (BID 2630 —NEIGHBORHOOD
PARKS AND PLAYGROUND IMPROVEMENTS PROJECT, AWARDED TO PLAYGROUND
SPECIALIST, INC, IN THE AMOUNT OF $224,479 83 INCLUDING ALTERNATES 1 AND 4)
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
2630 Playground Specialist, Inc $224,479 83
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 furmshing of performance and payment bonds, and insurance certificate after notification of the
award of the bid
SSECTION 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
SSECTION 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 � day of A1i , 2001
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
APPROVED AS TO LEGAL FORM
HERBERT L P UTY, Y ATTORNEY
BY
2530-CONTRACTU ORDINANCE(2101)
CONTRACT AGREEMENT
STATE OF TEXAS §
COUNTY OF DENTON §
THIS AGREEMENT, made and entered into this day of March A D , 2001,
by and between sty of Denton of the County of Denton and State of Texas,
acting through Michael W. le . thereunto duly authorized so to do, hereinafter termed
"OWNER," and
of the City of Lewisville , County of Denton and State of Texas , hereinafter termed
"CONTRACTOR"
WITNESSETH That for and in consideration of the payments and agreements
hereinafter mentioned, to be made and performed by OWNER, and under the conditions
expressed in the bonds attached hereto, CONTRACTOR hereby agrees with OWNER to
commence and complete performance of the work specified below
in the amount of -�. 4,479.93 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 herem 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
and the Specifications therefore, as prepared by
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
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APPROVED AS TO FORM
CITY ATTORNEY
/I�� lilyllu I Ek
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(SEAL)
�*�'Cl�QG/SiS,/•✓c-
CON RACTOR
/SS �%9�FKSiL7� Tle
L�r.lisd�ccE,�T-X 75077
MAILING ADDRESS
PHONE NUMBER
CA-3
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FAZNUR
BY /
TITLE
(SEAL)
PERFORMANCE BOND
STATE OF TEXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS That Playground Specialist Inc.
whose address is 1559 Parkside Trail „Lewisville, TX 75077
hereinafter called Principal, and Insurance Company of the West
a corporation organized and existing under the laws of the State of California
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 Two Hundred Twenty
Fourusand Four Hundred Seventy Nine and 83/100 DOLLARS ($ 224.479.83) 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 2001-103, with the
City of Denton, the Owner, dated the 6 day of March A D 2001 , a copy of which
is hereto attached and made a part hereof, for Bid # 2630 - Neighborhood Parks and
Playground Protect
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
PB-1
PROVIDED FURTHER, that if any legal action be filed upon this Bond, exclusive
venue shall lie in Denton County, State of Texas
AND PROVIDED FURTHER, that the said Surety, for value received, hereby
stipulates and agrees that no change, extension of time, alteration or addition to the terms of
the Contract, or to the Work to be performed 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 the _b_day of March 2001
ATTEST
. ur'll I I i �►•
PRINCIPAL
Playgroun4ecialists, Inc.
BY
RESIDENT, David Thomsen
UR SURETY
W1 ess as to Surety
Insurance lonAy of the West
BY
Step ante L. Fool BY
ATTORNEY -I -FACT
Sheryl,A. Klutts
The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service
of the process is
NAME Pauline Lesch, Denton Cdulity Resident Agent
STREET ADDRESS 206 Elm St., Suite 105, Lewisville, TX 75057
(NOTE Date of Performance Bond must be date of Contract If Resident Agent is not a
corporation, give a person Is name )
PB-2
PAYMENT BOND
Bond No 172 09 12
STATE OF TEXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS That Playground Sprclabsts Inc."
whose address is 1559 Parkside Trail Lewisville TX 75077, hereinafter called Principal, and
Insurance Company of the West , a corporation organized and existing under the laws of the State
of California, 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 Two Hundred Twenty Four
Thousand Four Hundred Seventy Nine and 93/100 DOLLARS ($224,479 83) 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 2001-103 , with
the City of Denton, the Owner, dated the 6 day of March A D 2001 , a copy of which
is hereto attached and made a part hereof, for Bid 2630=Neighborhood Parks and Playground
Improvement Project
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 6 day of _Match_, 2001
ATTEST
1: . uiil WE=1161d
NFTE&FK WITNESS AS TO SURETY
*312ue"a Al
PlaygrounddDecialists.Inc
BY
PRESIDENT David K Thomsen
SURETY
Insurance 4m�nyof the West
BY
ATTORNEY -I -FACT
Sheryl A Klutts
The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service
of the process is
NAME
Pauline Lesch, Denton County Resident Agent
STREET ADDRESS 206 Elm St., Suite 105, Lewisville, TX 75057
(NOTE Date of Payment Bond must be date of Contract If Resident Agent is not a
corporation, give a person Is name)
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KNOW ALL IvlRri BY THBSE�PRI6E
Explorer Insurance Co y, a Capon
duly organized under the laws of the Sp
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4OF
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their time and lawful ay(s)'
and other similar contre of a"Z'
IN WITNES rRR' l=
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WtaaaM a# ,I
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John H aig Assistanl
State of California �t 88 ,i a
County of Ben Diego J
On January 16, 2001, before
the persona Whose 1141121 ` W an ri '
then signatures on the t,a
No
5 ` ICW,OROUP
;''Power of Attorney
I t Iiuurance Company of the West
mpan i I Independence Casualty and Surety Company
we �mnpaoy of the West, a Corporation duly organized under the laws Ilof the State of California,
inder the laws of the State of Arizona, and Independence Casualty and Surety Company, a Corporation
mlyiaffl i ed to as the;'Compames'), do hereby appoint
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)HN''CMILLER, H, SHERYL A. KLUTTS AND IG R HARVEY li
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to, ,egemtle, aign, seal, and deliver on behalf of the Companies, fidelity and aunt]' bonds, undertakings,
umenta,l I
Bused these presents to be executed by its duty authorized offioere this 16th day of January, 2001
INSURANCE COMPANY OF THE WE:T
EXPLORER INSURANCE,COMPANYSU ;tE
ti INDEPENDENCE CASUALTY AND TY COMPANY
l �If John L Hermu n, Executive Vice President
Yotary,Publio, Personally appeared John L Hamam and John H Craig personally known to rue to be
want, evil acknowledged to me that they executed the earns in their au ed capoomea, and that by
vhioh the persons acted, executed the instrument
Witness my hand and official seal
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Aawa� 01 i
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r,t , Nome Porter, Notary Public
RESOLUTIONS
This Power of Atto ie;gi4mtad apd,iaielgnedt sealed and no d with,faoamulo signatures and wale under authority of the fallo1
the respective Boards od IArsotors of eaoh of the Compemea
documents
RESOLVE]
and current
seal of the i
force and e
phomsopyh
i
] I. the undersigned. As
hereby certify that the
respective Boards of n
IN WITNESS WHM
I' To verify the
the above new
WTS That Imi
Ion duly creams
a of Taxes, (ooll
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end airy related
u Compazdee he
retery `'
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Norma Pork
he within inn
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it=the President, tin Exoaudva or 1; or yloe President of the Company, together with the Secretary
yy auto execute Powers of Attorney appondmg the penson(s) named as Atiomey(s)-m-Faot to
belibl 04 the Company, fidelity a'ttd aluetypbonds, undertakings, and odter similar contracts of surety9w
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totlae if ataiatilly affixed The foosame
a`
Rant secretary of bismance Campany of t
regomg Power of Attorney, is m full force
iators of the Companies, end a }ftd
18�Iluwelaetmyhmddue} r
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a tlhpking the appomtment, and the ehgneturs of any officer can
leemations of those signatures, and the signature and awl of ah�
hnielsignaturep and wale, and such faosimhle representations at
roeentations refuted to herein MAY be affixed by stamping, Pr
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resolutions adopted by
r any Assistant
, execute, sign,
and any related
ire the validity
notary, and the
I have the write
ring, typmg, or
CERTIFICATE
West, Explorer Insurance Company, and Independence Casualty and Surety Company, do
I etfeot, st6bas not been revoked, and that the above resolutions were duly adopted by the
of
iree �%J�K/% DD
John H Craig, Assistant Secretary
0 $88.1111 and ask for the Surety Division Please refer to thePowerof Attorney Number
era attached
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IMPORTANT NOTICE
To obtain information or make a complaint
You may call the company's toll -free telephone number for
information or to make a complaint at
1-800-894-8890
You may write the Texas Department of Insurance
P O Box 149104
Austin, TX 78714-9104
FAX # (512) 475-1771
PREMIUM OR CLAIM DISPUTES Should you have
a dispute concerning your premium or about a claim you
should contact the agent or the company first If the
dispute is not resolved, you may contact the Texas
Department of Insurance
ATTACH THIS NOTICE TO YOUR POLICY This
notice is for information only and does not become a part or
condition of the attached document
Prescribed by the State Board of Insurance
Effwtive May I, 1992
AVISO IMPORTANTE
Para obtener mformacion o Para someter una queja
Usted puede Ilamar al numbero de telefono gratis de la
companla Para utfonnacion o Para someter una queja al
Puede comumcarse con el Departamento de Seguros de
P O Box 149104
Austin, TX 78714-9104
FAX # (512) 475-1771
DISPUTES SOBRE PRIMAS O RECLAMOS Si tiene
una disputa concermente a su prima o a Lin reclamo, debe
comumcarse con el agente or la companta prlmero Si no
se resuelve la disputa, puede entom.es comumcarse con el
Departamento de Seguros de T exas
UNA ESTE AVISO A SU POLIZA Este aviso es solo
Para proposito de informacion y no se convierte en parte o
condicion del docurrento adjunto
Ordenado por el consejo Estatal de Directures de Seguros,
Eflectivo el I de Mayo 1991
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 maybe 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 elirmnate 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 IO 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
[X] A General Liability Insurance
General Liability insurance with combined single limits of not less than %500,000
shall be provided and maintained by the Contractor The policy shall be written on
an occurrence basis either in a single policy or in a combination of underlying and
umbrella or excess policies
If the Commercial General Liability form (ISO Form CG 0001 current edition) is
used
• Coverage A shall include prermses, 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 V00,000 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 I10 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 anse
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 cames 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 lirriits 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
ATTACHMENT 1
[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 perod 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
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 401011(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
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, cnminal 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 2630- Neighborhood Parks and Playground Project - CONTRACT, Bonds & INS 3-2001
SECTION 00300 - PROPOSAL(BID) FORM
Time- 2 p m
Date February 6, 2001
To Purchasing Agent
City of Denton, Texas
901-13 Texas Street
Denton, Texas 76201
Gentlemen
The undersigned having examined the Contract Documents entitled
Neighborhood Parks and Playgrounds Improvement Project Improvement Protect
Bid # 2630
And having visited the sites of the proposed construction,
the local conditions affecting the cost of the work, and with
hereby proposes to furnish all supervision, labor, materials
and to do all work within all of the parks in accordance
thereto for the stipulated sum of
Two hunGlraQ !%Akn 4 hund.rad
Total
Total Materials Incorporated into the Project
Total Labor.Supervision and Materials Not
Incorporated into the Protect`
'Sum of these two lines equal Total Base Bid for all Parks
INDIVIDUAL PARK BASE BIDS
and having familiarized himself with
all addenda to the said documents,
equipment, tools, and accessories
with said documents and addenda
($2S, t�&4 58
$ 16411 1U 1,52-
The undersigned bidder having examined the contract documents for each individual park and
having visited each individual site of the proposed construction and having familiarized himself
with the local conditions of each site affecting the cost of work and with all addenda to the said
documents, hereby proposes to furnish all supervision, labor, materials, equipment, tools and
accessories and to do all work in each individual park site in accordance with said documents
and addenda for the stipulated sum delineated below
The City's intent is not to issue a separate contract for each park but to issue one contract for all
parks to be constructed The City may use the following stipulated cost for each park to
eliminate one or more of the parks entirely from the contract to ensure that the project is within
budget
00300-1
r,N-rline, 4hq&O.,r?A #-r4t/ -
Avondale Park Cost _Qj of Ij 44 Goa #s Dollars ($sq. 006, b0
Total Materials Incorporated into the Protect
Total Labor, Supervision and Materials Not
Incorporated into the Protect*
$ 490 2343. 04
*Sum of these two lines equal Total Base Bid for Avondale Park
Thfray-ork -l�tn nvl rsc.
Bowling Green Park Cost l Uid r °�21Yh/ _411I0 Dollars ( 33S.0p
Total Materials Incorporated into the Protect
Total Labor, Supervision and Materials Not
Incorporated into the Protect*
$ 2_e g. 2S
$ q i SS 3.r7S-
*Sum of these two lines equal Total Base Bid for Bowling Green Park
+�.1`k�.�n-F/+t�t�.sartGL..eagZ�- hund,renl A�x� y_
Evers Park Cost AUn � -dUr4U :�i1r (AA- S Dollars
Total Materials Incoroorated into the Protect br7. I
Total Labor, Supervision and Materials Not
Incorporated into the Protect*
*Sum of these two Imes equal Total Base Bid for Evers Park
.SavOwi gh&&rGL SAut,hul?tlxd
Mack Park - South Cost 6 0 -DI 4 4, , njV#jjhan LAA.%S Dollars ($ I I r7
Total Materials Incorporated into the Protect
Total Labor, Supervision and Materials Not
Incorporated into the Protect*
$ )3,?Jq,13
*Sum of these two lines equal Total Base Bid for Mack Park - South
Af(4y -N7 Q .1601tr hw-Ar l ou"Jil -
Mack Park -North Cost a1L 3 /arPtl - /v da, cktJ-s Dollars ($3p ili
Total Materials Incorporated into the Protect
Total Labor. Supervision and Materials Not
Incorporated into the Protect*
*Sum of these two lines equal Total Base Bid for Mack Park - North
I.- ,* XW* XWW XanW.l„ ,>....OX ,o.Im,Xo .e„ .—I,W 00300-2
f
I"- i ua .I„ind l�lrw hwldrtd
Milam Park Cost GQl.y-5 Dollars ($$,5,,_3�0,�21
Total Materials Incorporated into the Proiect $ ` / 25'5 62—
Total Labor. Supervision and Materials Not
Incorporated into the Proiect*
*Sum of these two lines equal Total Base Bid for Milam Park
ALTERNATES
Alternate #1 - - Add — Furnish and install GameTime's KidTime 'Toddler Four' play equipment in
the playground located as delineated in Section 01100 and on Sheet SL-4
vP. wrftlKBand 12tru— �'Lttrd-i4.d O.EVy/'"�7q n
L nl.- , 1i.... L., I, - ,.. 1r I - 1 0)l
Total Materials Incorporated into the Proiect
Total Labor, Supervision and Materials Not Incorporated into the Proiect$ s9,�
Alternate #2 - - Add — Construct 8' wide concrete hike and bike trail from Bowling Green Street
to connect to the existing North Lakes Park Trail north of Windsor Drive as delineated in Section
01100 and shown qn Sheet SL-6
TwaJq --I hr, ,-fift/ and ,Cl YMJuald &-d i jjty - r7
6wz, Dollars($ Z��
Total Alternate
Total Materials Incorporated into the Proiect
Total Labor, Supervision and Materials Not Incorporated into the Proiect$ S q3 (7 f7J—
xs....pau.. a ow.a..n..wrcpe.xoowaenm�m.an*..o. q.yoro•��mmo...m. e... wi..n aoo 00300-3
UNIT PRICES
The undersigned agrees that the following unit prices will apply to adjust quantities of materials
indicated on drawings Prices are for materials furnished 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 quantities 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
8" SCH 40 PVC swale crossing
Saw -Cut and remove existing Trail
Pavement
Curb Ramp
OD Dollars per S F
% l00 Dollars per L F
ZZ on Dollars per L F
L 25- Dollars per S F
31B. (D3 Dollars per L F
30 6b Dollars per S F
20 6D Dollars each
TURF COMPONENTS (FURNISH AND INSTALL)
Drili Seeded Bermuda grass 14
Dollars per S F
Hydrocast Seeded Bermuda grass 0$
Dollars per S F
Hydromulched Bermuda grass 10
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
Staked Common Bermuda Solid Sod
Dollars per L F
Z.1 S Dollars per L F
11SO 00 Dollars each
Jr !V Dollars per S Y
3 Sri Dollars per S Y
PLAYGROUND COMPONENTS (FURNISH AND INSTALL)
Playground border
2` OD Dollars per L F
Playground border integral w/walkway Dollars per L F
�wn.�.wo�ew aww.wgwnwwpw.menwme�Ww..e r.m..e 0".. wonwm.m ow 00300-4
Playground Access Ramp %0' to Dollars per 4fP ecxd)
MISCELLANEOUS (FURNISH AND INSTALL)
RT Triple Drinking Fountain w/8' x 12'
Concrete Pad
.510 nl `t , LPG
Dollars per each
Import and Place off -site Sod
lZ 0,0
Dollars per C Y
Accessible Parking Space — Sheet SL-3
2.1 (Sa u/7
Dollars per each
4' Ht Vinyl Coated Fence w/Mow Edge
3543
Dollars per L F
8" SCH 40 PVC Dram Pipe
ollars per L F
North of McKinney Street
Under Mack Park Playground
Bench with Concrete Pad
7rJ OD Dollars per each
ADDENDA
Acknowledge receipt of the following addenda which are
placing Addendum #, IPnte issued and initialing
Addendum No / &""/ ZA/Zdendum No
Addendum No
Addendum No
part of the Bidding Documents by
The undersigned bidder hereby declares that he has visited the site of the work and has
carefully examined the Contract Documents pertaining to the work covered by the above
bid, and he further agrees to commence work within ten(10) days after date of written
notice to proceed and to substantially complete the work on which he has bid within
zza Consecutive calendar days subject to such extensions of
time allowed by specifications
The undersigned bidder agrees that his bid shall be good and may not be withdrawn for a period
of 60 calendar days after the scheduled closing time for receiving bids
The undersigned bidder understands that the Owner reserves the right to reject any or all bids
and to waive any informalities in the bidding
.s q. Cnwerywm..E0.1w ..' ine. 00300-5
BID GUARANTY
Enclosed with this Bid is a Certified Check for
Dollars
or a Bid Bond in the sum of
which it is agreed shall be collected and retained by the Owner as liquidated damages in the
event this Bid is accepted by the Owner within 60 days after the bids are received and the
undersigned fads to executed the Contract and the required Bonds with the said Owner within
ten (10) days after the date said Bid is accepted otherwise said check or bond shall be returned
to the undersigned upon demand
PL/3 0 ,rb S'pQjg
Contr t (firm name bAJ/D le-�H-Or+�s�4,✓
(If corporation, attest and affix
Authorized SigMature a Corporate Seal)
Title
Address / S-S% 44A? KSit7�—
City, State, Zip Code .l & aJ/ S !J/Gc,F, %X 2 s-Z7 71
Telephone _ _ 51O Zc?'V_ Z 6 9 9
*If Bidder is a Corporation
(End of Section)
-- mod.. a.**.0��. * . _..a M.—,,_ 00300-6
FEB 02 01 (FRI) 11 10 CITY OF DENTON PURCHASING 940 949 7902 PACE 9/7
Addendum # 1
Please see the attached changes to Bid 2630.
At this time no other changes
This form should be signed and returned with your bid
Name
Signature
Company
Title
Date
FES 02 01 (FRI) 11 10 CITY OF DENTON PURCHASING 940 349 7302 PACE 4/7
February 2, 2001
Neighborhood Nark and Playground Project ;
Bid Number 2630
0e41011, Texas l
)
To All Gontreet Biddere
I
From, Dunkin Slurs Stof fists, Im. i
f1803 White Rock Trail, Suite 210
Dales, Texas 75238
Acknowledge receipt of this Addendum by Including it with the submitted Proposal Oorm
and noting We receipt In the spares provldad in the Proposal Form Failure to do so Fney,
subject bidder to disqualification This Addendum forme a pen of the Cor#sct
Documents and modifies, amends, deletes andfor adds to the drawings end "act
Manuel as licift e: ,
Item till- prinking fountains '
The specified drinking fountains from "J and J Fountains" model RT triple 1111811
haw powder cost primer with dark green powder coat paint,
,
Ram 82 - Park Oanahas
Park benohas noted for Installation shell be "ONeraMled Metal Fabricators" model
668100, 8 foot heavy duty in -ground mount, 2444 OD galvanized frame with litark
powder cot paint, and vinyl coated expanded metal most and backs
,
Rom 03 - Playground Drainaps hi Surfacing I
The best bid surfacing for the playgrounds within all parks shall Us onglnebred
wood fiber provided by the City and placed by the Contractor as stipulated In the plans:
however, the base bid drainage elements shall be AdvonEDOE panel pipe with Yfltor
sock as manufactured by Advanced Drainage Systems Ina (Contest Wieldnsm Supply:
Carrolton, To= (872) 408"1000) and the filter fabric shop be Trevira Spuntitund
M119y
Pa rvb
,
Otaa WhNs Rook TMII suitealo Doaso, Tuns 75239 21A.653.a7l78
1
FES 02 0, (FRI) 11 1l CITY OF DENTON PURCHASING 940 349 7502 PACE 5/7
will v4 - Fiber Playground gs" Surface — ALTERNATE 03
Deduct or Add Mtemata N3, change base bid Wood Ftbor cushion with 4reln
system stipulated In Item #3 of this addendum to Fiber System 312 Install, 12'
compacted depth of Fiber suppMad by the City of Denton Fwnlsh mild installPtbsirfek
and Fibardraln In Neu of drainage system stipulated in Item 03 of this addendum The
Bidder shall complete the revised proposal form (sheet 003oD-30k) etbched in t XMlai r
IN Failure to complete the revised proposal form and submit It with the bid pac"ge
shall be grounds for disqual floedon of the bid, i
Hein *0 — Playground Befety mate — ALTERNATE Na
Add Akornato 04, fumich and Install eight (B) safety meta under bak awiJ001
at
Avondale, Mack, and MNem parks SWW male shall be GameTime GT-X Suno
0-
Syaism Rubber Met, The Bidder shalt complete the revised proposal form ($heet 0-
3A) aftached as EXHBIT 9N. Failure to complete the revised propceai form and eit
with the bid package shall be grounds for dlequelification of the bid
Item 04 - Add powersaipe Swin0 *cm Game Time to Mllarn Park Playground i
See s@ached EXHIBITS for layout of PowerscW swing from Game me
within the Mllam Park playground. Furnish and install powerscape awing, and addit onal
border, sw%eing, drainage, earthwork, eke, for this addition The costs for addln the
additional awing shell be Included In the total base bid and the Milani Park ease Bid
,
w
contractor
i
�n nA
By
I
1
i
FEB 02 01 (FR1) 11 It C17V OF ❑ENTON FURCHABINO 940 349 7$02 FACE 6/7
i
1
EXHIBIT 'A'
Addendum 01
NEIGHBORHOOD PARKS AND PLAYGROUND IMPROVEMENIr5
Bid # 2630 I
Denton, Texas
ADDITIONAL ALTERNATES
Aitarnats I0:.11• Add or Deduct (OrCle Una) - Fiber System 312 Playground CU$hlo ng-
Furnish and install Fibardmin and flbarfek and place 12" depth of Fiber Wood cu Ion
material in lieu of the playground and cushioning system delineated in Item 03 ofthis
addendum Alternate #3 shall Indude this adlustmsnt within all of the new playgroInds
and the expanded portions of the modftled playgrounds The expanded drainage sy4,®m
shall connect to the existing drainage systems within the playgrounds ;
sc a ;, l , : ,•.•.r e • u � � - ' i• .:.•: •
• Total Labor. Supervision & Materiels not Incoroorated Into the Protect a
• The sum of these two lines equals the Total Alternate 03 Cost
Albmab 114-Add- CiT X SuNaoMg System Rubber Mats - (
Furnish and Mwtall (right (8) Game Time GT•X rubber mats under the proposed swings
as delineated within Item 06 of this addendum 1n I
Oi /,(i _Dollars(S�` ��
L1
TONI APosm
'1. ✓ l ' 1 .1 --1 .' 1r , ` Li` a•.lc 1. 1 - -1' M
• The sum or these two lines equals the Total Alternate "Coot
00+2A
1�
INBURERs AFFORDING COVERAGE
THIN PO41CBlBOF
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WON OF ANY OONTIV= ON WHOM DOCUMENT WIRi REBPEOT 70 VMCH THIS OWMATE MAY ON NOWED OR
BY TH! POLI01@B HRREN K SUBJECT TO Ml THE Y&VA, EXCLUBIONB AND CONDITIONS OF OUCH
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in
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06/30/01
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$1,000,000
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$1,000,900
3ENERALAGGRBOA•8
$2.0oo.000
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PROOVOTE.DOMP/DPAG
$2 000 000
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06/30/01
OQMBI.na NO 0 WNOLE LIMIT
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IJ5078401
06/30/00
06/30/01
SACHOOOLIRRENOB
114,000,000
AGGRIGAIK
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}
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WORNER000M NWTIONAND
EMPLGVERIw ILITY
115078401
06/30/00
06/30/01
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11500,000 _
EL DISEASE PG I
00 1 000
OTHER
DEWRIPRONOPOPE PION&1A0A710NB/VBHNiIl91BNOWBIONSApDBO BYBNDORSEMINTIePEDML PROVI&oNs
City of De ton, its Officials, Agenta, Employees & Volunteers are named as
an additio al insured on the liability policies of the named insured, but
only with aspect to and to the extent of the liabilities assumed by the
insured un or this contract agreement And that such insurance is primary
(See Attac ed Descriptions)
City of De ton
its Offici ls, Agontsr Employees &
Attn. Purc asing Dept.
321 E. KICKnney Street
Denton, TX 76201
of 3
DWOVoC ITS HOLOBRNAA60TCTHE LW% EVTPALURB TODOSDSHALL
UOATION GREW IUTYOPANYNNO UPON THB INBVRBRITSAWNTSOR
VDH
flee �K��'�iti
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awed or materially changed
ing'given to the owner (City)
for nonpayment of premium in
is required.