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Home My WebLink About1999-177ORDINANCE NO -411 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF EVERS PARK BASEBALL FIELDS, PHASE II, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE (BID 2356 — EVERS PARK BASEBALL FIELDS PHASE II, AWARDED TO DEAN ELECTRIC, INC D B A DEAN CONSTRUCTION IN THE AMOUNT OF $559,387) 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 S_,ECTION 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 CiWs 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 2356 DEAN CONSTRUCTION $559,387 SECTION II That the acceptance and approval of the above competitive bids shall not constitute a contract between the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, and insurance certificate after notification of the award of the bid SECTION III That the City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein SECTION IV That upon acceptance and approval of the above competitive bids and the execution of contracts for the public works and improvements as authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto SECTION V That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the Z!� day of 1 1999 ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BID 2356 - CONTRACTUAL ORDINANCE ATTACHMENT TABULATION SHEET Bid # 23K Date 5/6/99 EVERS PARK -BASEBALL FIELDS -PHASE II No 4t sOR RTION NDOR VENDOR VENDOR DOR Dean Electric Jones & Jeffrey Marathon Const Const 71ntrepidSeneca TOTAL BASE BID$ 446,919 00 $637,833 00 $748,00000 000 00 ALTERNATE #1 DEDUCT Delete the furnishing and Installing of the 6" depth of gravel base course (gravel parking lot) and make the associated adjustments in compliance with the ($1 500) ($2,750) ($2,000) ($1 250) ($2 700) tans and specifications ALTERNATE #2: ADD Provide and Install all elements of storm sewer-Line"A" in compliance with the plans and $12,468 00 $19,090 00 $25,000 00 $14,850 00 $13,400 00 specifications ALTERNATE #3. DEDUCT City of Denton personnel shall furnish & install the proective tree fencing The contractor shall make associated adjustments in his contract duteis In compliance with the plans and s ecificaltons ($693 00) ($440 00) ($700 00) ($810 00) ($750 00) ALTERNATE #4 Deduct Furnish & Install American Excelsior Curlex I" in lieu of American Excelsior' Curlex II" Incompliance with the plans and specs $322 00 $250 00 $400 00 $484 10 $450 00 ALTERNATE #5 ADD OR DEDUCT Furnish & Install Hubbell SLS remote ballast lighting system with direct burial galvanized steel pole with concrete backfill as recommended by the manufacturer In lieu of Musco SC 2 lighting and pole system delineated as the base bid $8,200 00 ($5,500 00) ($4 000 00 $30,000 00 $5 000 00 ALTERNATE #6 DEDUCT City personnel shall furnish, install and maintain all aspects of erosion control $10,477 00 $6,300 00 $7,500 00 $4,000 00 $12,500 00) ALTERNATE V. DEDUCT City personnel shall furnish and Install the irrigation Weaving as shown on sheet SG-1 $300 00 $50 00 $3,000 00 $400 00 $300 00 CONTRACT AGREEMENT STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT, made and entered into this 1 day of JUNE A D , 1999, by and between CITY OF DENTON of the County of DENTON and State of Texas, acting through MICHAEL W JEZ, City Manager, thereunto duly authorized so to do, hereinafter termed "OWNER," and DEAN ELECTRIC, INC. DBA DEAN CONSTRUCTION 701 HALL ST. CEDAR HILL, TX 75104 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 BID # 2356 - EVERS PARK BASEBALL FIELDS PHASE II in the amount of $559,387 and all extra work in connection therewith, under the terms as stated in the General Conditions of the agreement, and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the work specified above, in accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), Instructions to Bidders, and the Performance and Payment Bonds, all attached hereto, and in CA - 1 accordance with the plans, which includes all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by DUNKIN SIMS STOFFELS, INC. all of which are made a part hereof and collectively evidence and constitute the entire contract Independent Status It is mutually understood and agreed by and between City and Contractor that Contractor is an independent contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas, for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, worker's compensation, or any other City employee benefit City shall not have supervision and control of Contractor or any employee of Contractor, and it is expressly understood that Contractor shall perform the services hereunder according to the attached specifications at the general direction of the City Manager of the City of Denton, Texas, or his designee under this agreement Indemnification Contractor shall and does hereby agree to indemnify and hold harmless the City of Denton from any and all damages, loss, or liability of any kind whatsoever, by reason of injury to property or third persons occasioned by any error, omission or negligent act of Contractor, its officers, agents, employees, invitees, and other persons for whom it is legally liable, with regard to the performance of this Agreement, and Contractor will, at its cost and expense, defend and protect the City of Denton against any and all such claims and demands Choice of Law and Venue This agreement shall be governed by the law of the State of Texas and venue for its construction and enforcement shall lie in the courts of Denton County, Texas The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in written notice to commence work and complete all work within the time stated in the Proposal, subject to such extensions of time as are provided by the General and Special Conditions The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the Contract CA-2 IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written ATTEST In (SEAL) ATTEST CONTRACTOR Dean Electric, Inc dba Dean Construction 701 Hall Street Cedar Hill, Tecas 75104 MAILING ADDRESS 972 291-7153 PHONE NUMBER 972 291-7172 FAX NUMBER BY TITLE President Donald R Dean APPROVED AS TO FORM PRINTED NAME (SEAL) CITY ATTORNEY CA-3 PERFORMANCE BOND STATE OF TEXAS § BOND NO. 8154-07-91 COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS That DEAN ELECTRIC, INC, DBA DEAN CONSTRUCTION, whose address is 701 HALL ST , CEDAR HILL, TX 75104, hereinafter called Principal, and FEDERAL INSURANCE COMPANY , a corporation organized and existing under the laws of the State of TEXAS, and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, in the penal sum of FIVE HUNDRED FIFTY NINE THOUSAND THREE HUNDRED EIGHTY SEVEN NO/100 DOLLARS ($559,387) 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 99-177, with the City of Denton, the Owner, dated the 1 day of JUNE A D 1999, a copy of which is hereto attached and made a part hereof, for BID # 2356 — EVERS PARK BASEBALL FIELDS PHASE II 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 1 day of JUNE 1999. ATTEST PRINCIPAL DEAN ELFCTRIC, INC ,{ DBA DEAN CONSTRUCTION BY SECRETARY BY RE IDENT - DONALD R DEAN ATTEST SURETY FFRLVh INSURANCE CO P 1Y BY Y _ A TORNEY-I - ACT R ECCA S THACKER The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is NAME SOUTHWEST ASSURANCE GROUP, INC - STEVE RICKENBACHER STREET ADDRESS 4900 N CENTRAL EXPWY , STE 950, DALLAS, TEXAS 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 PAYMENT BOND 8154-07-91 STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS That DEAN ELECTRIC INC, DBA DEAN CONSTRUCTION, whose address is 701 HALL ST , CEDAR HILL, TX 75104, hereinafter called Principal, and FEDERAL INSURANCE COMPANY , a corporation organized and existing under the laws of the State of TEXAS, and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, and unto all persons, firms, and corporations who may furnish materials for, or perform labor upon, the building or improvements hereinafter referred to, in the penal sum of FIVE HUNDRED FIFTY NINE THOUSAND THREE HUNDRED EIGHTY SEVEN and NO/100 DOLLARS ($559,387) 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 99-177, with the City of Denton, the Owner, dated the 1 day of JUNE A.D. 1999, a copy of which is hereto attached and made a part hereof, for BID # 2356 - EVERS PARK BASEBALL FIELDS PHASE II 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 1 day of JUNE 1999 ATTEST PRINCIPAL DEAN ELECTRIC, INC DBA DEAN CONSTRUCTION BY L, SECRETARY BY PRESIDENT - DONALD R DEAN ATTEST BY SURETY FEQNRZL INSURANCE C014PANY TORNEY-IN-F CT R ECCA S THACKER The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is NAME SOUTHWEST ASSURANCE GROUP, INC - STEVE RICKENBACHER STREET ADDRESS 9400 N CENTRAL EXPIRY , STE 950, DALLAS, TEXAS 75231 (NOTE Date of Payment Bond must be date of Contract !f Resident Agent is not a corporation, give a person's name ) 2356 CONTRACT & BONDS & INSURANCE C Chubb POWER Federal Insurance Company Attn Surety Department Surety OF Vigilant Insurance Company 15 Mountain View Road 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 Rickenbacher, , David C Oxford, Charles K. Miller, Rebecca S Thacker, Helen Zook, Clinton Norris and Susan L Salazar 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 ball bonds) given or executed In the course of business, and any Instruments amending or aitenng 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 June 17 , 1998 Kenneth C Wendel, Assistant Secretary 4' Frart E Robertson V196 President STATE OF NEW JERSEY i sa County of Somerset J On June 17 1908, 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 W me duly ewom, did depose and say that he Is Assistant Secretary of FEDERAL INSURANCE COMPANY VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto stand by authority of the Sy -Laws of said Companies and that he signed said Power of Attorney as Assistant Secretary of amid Companies by like authority, and that he Is acquainted with Frank E Robertson, and knows him to be Vice President of said Companies and that the signature of Frank E Robertson subscribed to mid Pawn of Attorney is in the genuine handwriting of Frank E Robertson and was thereto subscribed by authority of said By -Laws and In deponant's presence THERESA Elt C of Nine KI e D eG Notary Public. No Stoll 10 New Jersey Y Ze:� No. 0014f01 COm t Ow Exfaree A* 27. 2001 Notary Public CERTIFICATION 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 Vlce 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 Attomeys-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 power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with rasped 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 (1) the foregoing extract of the By -Laws of the Companies Is true and correct, (II) the Companies are duty licensed and authorized to trameact surely business In ell 50 of the United Sides of America and the District of Columbia and am authorzed by the U S Treasury Department, further, Federal and Vigilant are licensed! In Puerto Rloo and the U S Virgin Islands, and Federal Is 11ceraed in American Samoa, Guam, and each of the Provinces of Canada except Prince Edward Island, and (111) the foregoing Power of Attorney W true, correct and in full force and effect Given under my hand and Seals of said Campania at Warren, NJ this 1 ST day of J UNE , 19 99 UIUNCF� ray `,I,SU�'pF R W ! �NDIANI' ♦N pW YOpte Kenneth C Wendel, ASslsta t 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) 903-3556 e-mail surety@chubb com 15104= (Ed 2 08) 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 It 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 clauns 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 IXl 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 ATTACHMENT 1 [xl Worker's Compensation Coverage for Budding 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 01 1(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 mad or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project H The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage The contractor shall contractually require each person with whom it contracts to provide services on a project, to (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401 01 1(44) for all of its employees providing services on the project, for the duration of the project, (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project, (3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project, (4) obtain from each other person with whom it contracts, and provide to the contractor (a) a certificate of coverage, prior to the other person beginning work on the project, and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project, (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter, (6) notify the governmental entity in writing by certified mad or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project, and (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 SECTION 00300 -- Proposal (Bid) Form 003001 TIME 2:00 P M. 003002 DATE May 6, 1999 003003 TO: Purchasing Agent City of Denton, Texas 901-B Texas Street Denton, Texas 76201 Gentlemen. 003004 STIPULATED SUM The undersigned having examined the Contract Documents entitled Evers Park - Baseball Fields -Phase II Bid # 2356 and having visited the site of the proposed construction, and having familiarized himself with the local conditions affecting the cost of the 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 accordance with said documents and addenda thereto for the stipulated sum of FIrIE14p44ED fbRTY SixTRouSriNrD N/NEN4N/�fD NIUbT�f ollars ($ . � 7 Iq' �� I Total Base Bid / Total Materials Incorporated into the Proiect Total Labor. Supervision and Materials Not Incorporated into the Protect $ N Pursuant to laws for Trench Safety, included in the Base Bid and in other Bids is the following unit price for trench safety measures per linear foot Material $ %S + labor $ . r0 _ $ / , .2 5- total per linear foot Total amount of trench safety measures included in the Base Bid ELEVEjj WU►)'DQE7 SEV6NTy-7-Ht'EP$ Dollars ($ fi /%�, bo 1 Total Trench Safety Measures &MMLANDWIM.MM.,WUaM 00300 - 1 ALTERNATES: Alternate #1 -- Deduct -- Delete the furnishing and Installing of the 6" depth of gravel base course (gravel parking lot) and make the associated adjustments in compliance with the plans and specifications FIF At HUNP2cp Dollars oo, 00 1 Total Materials Incoroorated into the Protect $ 1. 0M, Total Labor Supervision and Materials Not Incorporated Into the Protect s 5,0,0, Altemate #2 - Add - Provide and Install all elements of storm sewer -Line 'A' in compliance with the plans and specifications 7n)CLVETADp5fiAiainU2HUn1D,2e,713/xT11-LlGNT Dollars (S/AFDO 1 Total Materials Incorporated into the Proiect 9 g, 000. Total Labor. S nervision and Materials Not Incorporated into the Proiect $ #, 4g• Alternate #3 - Deduct - City of Denton personnel shall furnish and install the protective tree fencing The contractor shall make associated adjustments in his contract duties in compliance with the plans and specifications 5/u HUVpge-1 N/yC7-i-TH2EE Dollars($ (93.o0 1 Total Materials Incoroorated into the Protect S°O Total Labor. Suoervision and Materials Not Incorporated into the Proiect s /93 Alternate #4- Deduct - Furnish and install American Excelsior "Curlex I" in lieu of American Excelsior "Curlex II", in compliance with the plans and specifications 714KEE ANDkr-:p _WlcEuT'y- TO Dollars ($ 9,V, 00 1 Total Materials Incorporated into the Proiect 9 ,ZOO' Total Labor Supervision and Materials Not Incorporated into the Proiect s /,�,2 . Alternate #6--Add o Deduct Furnish and install Hubbell SLS remote ballast lighting system with direct burial galvanized steel pole with concrete backfili as recommended by the manufacturer in lieu of the Musco SC-2 lighting and pole system delineated as the base bid EIGHT Tiyo fi 2 D Dollars 0 d1 p`�Mp 00300 - 2 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) 4" thick 3000 PSI concrete paving 5" thick 3000 PSI concrete paving 8" thick 3000 PSI concrete paving EARTHWORK & DRAINAGE (FURNISH & INSTALL) Cut, Transport & Place On -site Sod Import and Place Off -site Sod 18" ADS N-12 Storm Sewer 24" ADS N-12 Storm Sewer Dollars per S F .2 , S7 Dollars per S F Dollars per S F o?. 4,l Dollars per C Y D ( Dollars per C Y 02 3 5.?� Dollars per L F %�• 76 Dollars per L F 4" ADS N-12 Perforated Underdram Pipe GIy7 Dollars per L F 4" ADS N-12 Non -Perforated U D Pipe Retaining Wall Drainage Headwall 6,117 Dollars per L F /059. Dollarspereach SANITARY SEWER COMPONENTS (FURNISH AND INSTALL) 4" PVC SDR 35 6 , 47 Dollars per L F 4'-0 dia standard manhole 3,/5.3• Dollars each Two Way cieanout 7/z, Dollars each POTABLE WATER COMPONENTS (FURNISH AND INSTALL) 3" PVC - SDR-21 3" Gate Valve with box /^/,I/ Dollars each B2, Dollars each b1W1l71AWhVEIIB.MK IMIMON 00300- 3 rFENCING COMPONENTS,(F,URNISH AND INSTALL) 26' high chain link fencing with concrete beam 20' high chain link fencing with concrete beam 15' high chain link fencing i1 with concrete beam 10' high chain link fencing S' high chain link fencing 6' high chain link fencing Standard 4' wide X 6' height gate 15' double gate 3" O.D Line Post 00' fence) 3" 0 D Line Post (15' fence) 3" 0 D Line Post (20' fence) 4" 0 D Line Post (25' fence) TURF COMPONENTS (FURNISH AND INSTALL) Common Bermuda solid sod Staked Common Bermuda solid sod Drill seeded rye grass Broadcast seeded rye grass PIERS (FURNISH AND INSTALL) Add per lineal foot of drilled piers Casing of drilled piers Delete per lineal foot of drilled piers IMW OD AMMMMK (W 41W 70, Dollars per L F l0 0. Dollars per L F �5 Dollars per L F _�O, Dollars per L F Dollars per L F Dollars per L F .200, Dollars each 300. Dollars each 35, Dollars each 1115"• Dollars each Dollars each /5D Dollars each Y Dollars per S Y SO Dollars per S Y A// H Dollars per S Y , 08 Dollars per S Y ,5, Dollars per L F oZO. Dollars per Pier .;? I Dollars per L F 00300 - 4 EROSION CONTROL (FURNISH AND INSTALL) Perimeter Siltation Barrier Swale Siltation Fabric Barrier Stabilized Construction Entrance Staked Erosion Control Matting 1,30 Dollars per L F . O Dollars per L F 500, Dollars each Dollars per S Y BIDDER understands the statements and Owner's objectives contained in SECTION 01010-- Summary of Work Acknowledge receipt of the following placing Addendum #, Date issued an 51 Addendum No one 5/4/99 Addendum No T"o 5/6/99 which are part of the Bidding Documents by Addendum No Addendum No 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 / � C) 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 o ,w..owwviiu.«ua pu, inn 00300 - 6 IBID GUARANTY: �'i �' Enclosed with this Bid is a Certified Check for or a Bid Bond in the sum of DOLLARS (S 1, 1$ 5% GAB 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 falls to execute 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 DEAN ELECTRIC, INC dba DEAN CONSTRUCTION Contractor firm ame) y 701 Hall Street Address Cedar Hill, Texas 75104 City, State, ZIP Code (972) 291-7153 Phone "If Bidder is a Corporation (End of Section) Seal k1WMKANPlV6t"l 1MW 00300 - 6 05/05/1999 11 04 2145535781 DUNKIN (DSS & DSA) PAGE 0b ALTERNATES, Alternate #6 -- Deduct -- erosion control outlined on the plans and specifications EXHIBIT'A' Addendum #1 Evers Park personnel shall furnish, install and maintain all aspects of t SG-3, as delineated In Addendum #1, In compliance with $ �d)0• $ bb� Alternate 02 — Deduct — CI personnel shall furnish and install the Irrigation aleeving as shown on sheet SG-1 and as eilneated in Addendum #1 in compliance with the plans and specifications --rt+R -E 14MA) Dollars ($ 3c 0 1 $ a00, $ iap