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1993-008ORDINANCE NO. 3 00 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has solicited, received and tabulated com- petitive 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 receiv- ed and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or im- provements 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 con- struction 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 be- ing the lowest responsible bids: BID NUMBER CONTRACTOR AMOUNT 1456 PADDOCK SOUTHWEST INC. $521,946_00 SECTION II. That the acceptance and approval of the above competitive bids shall not constitute a contract between the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, 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 Propos- als, and documents relating thereto specifying the terms, condi- tions, plans and specifications, standards, quantities and speci- fied 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 here- by 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 im- mediately upon its passage and approva . PASSED AND APPROVED this the / y of dw~e,4_, 1993. BOB CASTLEBERRY, YOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY:~ DATE: JANUARY 19, 1993 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID # 1456 - POOL RENOVATIONS RECOMMENDATION: We recommend this bid be awarded to the lowest bidder, Paddock Southwest Inc. in the amounts of: Base Bid $339,200.00 Alternate 1 $158,156.00 Alternate 2 $ 41906.00 Alternate 3 $ 41359.00 Alternate 6 $ 31325.00 Alternate 7 $ 12,000.00 TOTAL BID AWARD $521,946.00 SUMMARY: This bid is for the materials, labor and associated cost for the renovation of the Municipal Swimming Pool. The base bid includes the complete construction of the new zero depth pool, demolition and installation of the recirculating gutter system, perimeter concrete deck, new main pool drain and piping, fencing, plumbing rough-in for bathhouse /office and a new electrical grounding system. Alternate 1 is for the construction of the new Bathhouse, Office and associated flat work. Alternate 2 is for the construction of a Vacuum Sand Filtration System. Alternate 3 is for the installation of underwater Swimming Pool Lights. Alternate 6 is for the construction of a new wood trellis on the south fence line. Alternate 7 is for the installation of new site utilities (Water lines, sewer lines, underground electric service , etc.) Alternate 4 for new concrete deck and Alternate 5 for ornamental iron fence are being deleted and not awarded at this time. BACKGROUND: Tabulation sheet. CITY COUNCIL REPORT JANUARY 19, 1993 PAGE 2 OF 2 PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Park and Recreation Department and Citizens of Denton. FISCAL IMPACT: Funds for this renovation project will come from Park and Recreation Bond funds and Certificate of Obligation Sales. spectfully submitted: Lloyd V. Harrel City Manager Approved: Name: Tom Shaw, C.P.M. Title: Purchasing Agent agenda.332 W O y . O U RC a O U N4 z x a w tHn U z • H 0 O H 0 H H U CW7 H to O U 0W+ to t Z w O y z WO a H ~7 U RC a W H z 3 U M z rn 0 H %D H 1 H z D 8 a W ~e z PD z A A W H H a PO f0 O O z a 0 z a 0 z P4 O z a O Q a O z z O H H a U m W Q H 01 40 O o O O o 0 0 0 0 O o o O o O o 0 0 0 0 0 0 0 0 0 o O m W O O O O O N O O PA N M O O u1 -e O r1 co n W to OD 44 4. N w 4. H N M H 4. 4. W 4. - - dr - - - - - - - - - - - - - - - - - - 4! - - O O O O O O O O O W H O M Lo a N t~ 4 d' 01 cr N %0 Kr M H to m m .-1 M 0 n %D M H n %r 441. m w CO n t0 M N n cr Kr n kn 4. 4. H 4. H ko m H 4} 4} Ln 4► 4. - - - 4. 0 O 0 0 0 O O 0 0 0 O 0 O 0 O O 0 0 0 0 0 0 0 0 0 0 0 O 0 0 0 Ln Ln o 0 0 O O Ln Kr N N O M M M N W W - O N k~ M O H O M y1 I > Lo t, .i v. w 41. 4) 414. 1-4 TV M N 4. LD 4. 4. 4. - - 0 - - - 0 - o - - - O - - 0 - 0 - - 0 - - - 0 - - - - - 0 O o O o o O o O o u1 W O O u1 O N in O 11 O k0 rn H <r ko rn to to m ;r tD m n .i n N W W N ~ M M d' H n ''1 01 0 O 4. 4. H 4. 44. H M M N 4. 4. 4& 4. 4. - - - 0 O O O o O O O O o O O O O O O O O 9 o 4 o to LA L11 Li W 00 M d' O O co H N W to rn N t0 .n d' N N O H W W m - N N N N L n H H O M d' M n d} 4. d} dt H M M H 4. d} v. - - w - - - - - - - - - - - - - - - - - - VI - - 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O ko k0 rn 00 N lt1 O k~ O .n O Ln W m N O 0 0 d' N .-i ON M kD n M O w W rn 4. .'N ~ O d' H M N H M I1f 4. M M. H 41. H N M H d} 4. i11 w - - 4. - - - - - - - - - - - - - - - - - - - - n .-1 N M d' L1I to n O O ° O O O ° z z z z z z z (Y) W W W W W W W H H H E H H H H H H H H H H H A A A A Pa A Pa ~7 H H H H P O P 0 P D m m P D + W W W W W W W p EA E-1 E-1 E-4 Im on w w w w w W w w 0 w w vJ - - - aH FC - - E - - - E - - - E - - aH RC - - aH -RC - - E - - z OD -P - - n -aC - - to - - CITY of DENTON, TEXAS MUNICIPAL BUILDING / 215 E McKINNEY / DENTON, TEXAS 76201 M E M O R A N D U M DATE: January 13, 1993 TO: Tom Shaw Purchasing FROM: Rich Dlugas, Director Parks and Recreation Department SUBJECT: Civic Center Pool Project - Apparent low bid This is to notify you that after evaluating the six bids on the Civic Center Swimming Pool renovations, Bid #1456, Paddock Southwest Inc. is the apparent low bidder. It is our intent to enter into a contract with Paddock Southwest Inc. on January 19, 1993 including the following items: Base bid: $339,200 Alternate #1: Bathhouse, Office and Associated Flatwork $158,156 Alternate #2: Vacuum Sand Filtration System $ 41906 Alternate #3: Underwater Swimming Pool Lights $ 4,359 Alternate #6: Replace Trellis $ 3,325 Alternate #7: Site Utilities $ 12,000 TOTAL $521,946 Please contact my office if you have any questions regarding this- information. Rich Dlugas u~ AJJ0062A 8171566-8200 D/FW METRO 434-2529 4,CONTRACT AGREEMENT STATE OF TEXAS COUNTY OF DENTON THIS AGREEMENT, made and entered into this 19 day of JANUARY A.D., 19 93, by and between Try cITY of naNTnN of the County of DENTON and State of Texas, acting through LLOYD V. HARRELL thereunto duly authorized so to do, hereinafter termed 'OWNER,' and PADDOCK SOUTHWEST INC., P.0_ BOX 20117, ARLINGTON, TEXAS 76006 of the City of ARLINGTON , County of TARRANT and State of TEXAS , hereinafter termed 'CONTRACTOR.' WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by OWNER, and under the conditions expressed in the bonds bearing even date herewith, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified below: BID # 1456 - POOL RENOVATION in the amount of $521,946.00 and all extra work in connection therewith, under the terms as stated in the General Conditions of the agreement; and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the work specified above, in accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), Instructions to Bidders, and-the Performance and Payment Bonds, all attached hereto, and in accordance with the plans, which includes all maps, plats, blueprints, and CA-1 0114s other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by ALAN F. NELSON. ARCHITECT i 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 0114s IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. ATTEST: 1Yd l ATTEST: L a I, ~ b ~Ids~' - CITY OF (SEAL CONTR TOR B. It e (SEAL) „gMn.r• CA-3 0114s PERFOR11ANCE BOND STATE OF TEXAS COUNTY OF DENTON ) ( KNOW ALL MEN BY THESE PRESENTS: That PADDOCK SOUTHWEST INC. , of the City of ARLINGTON County of TA RRANT , and State of W, X AS as PRINCIPAL, and v~ tj i ✓ 4e-g A-t- ~q o F 1 , as SURETY, authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto the THE CITY OF DENTON as OWNER, in the penal SUM Of FIVE HUNDRED TWEN TY ONE THOUSAND NINE HUNDRED FORTY SIX and no/loo- Dollars 59l_946_OO ) for the payment whereof, the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the OWNER, dated the 19 day of JANUARY , 19 93 , for the construction of BID #1456 - POOL RENOVATIONS in the amount of S521.946.00 which contract is hereby referred to and made a dpart hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, the condition of this obligation is such, that if the said princ ipal shall faithfully perform said Contract and shall in all respe cts, conditions and agreements in and by said contract agreed and covenanted by the Principal to be observed and performed, and according to the true intent and meaning of said Contract and the Plans and Specifications hereto annexed, then this obligation shall be void: otherwise to remain in full force and effect; PB-1 PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended by acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in DENTON County, State of Texas. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, or drawings 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. IN WITNESS WHEREOF the said Principal and Surety have signed and sealed this instrument this Zl~i-day of 191. A=cy' F Principal By It'd L Title P«51 RZA- l l~ nh` ✓2 t21s 0 F 44fit,' cI- uret Title o-j-~"fM~- Address e• 6 - Ly, 220 1 1 l-7 A-K,L r l as rJ ~c ^J(ooo L ( SEAL ) The name and address of the Resident Agent of Surety is: (SEAL) NOTE: Date of Bond must not be prior to date of Contract. PB-2 Address rt. B OJ( 10 (0'q H-0 ws`ro tJ "1~~~►-IO~g 0091b PAYMENT BOND STATE OF TEXAS COUNTY OF DENTON X KNOW ALL MEN BY THESE PRESENTS: That PADDOCK SOUTHWEST INC_ of the City of DENTON County of TARRANT , and State of TFxAs , as principal, and U n ✓cje 5A-- - Su~ 0 f- A-vvt- z-t; c~A- authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly hound unto THE CITY OF DENTON , OWNER, in the penal sum Of FIVE HUNDRED TWENTY ONE THOUSAND NINE HUNDRED FORTY SIX and no/100--------------- Dollars 521.946.00 ) for the payment whereof, the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, by thes presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the 19 day of JANUARY 19 93 . BID # 1456 - POOL RHNOVATTONR in the amnnnl- of $991 QAr, nn to which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosectiou of the work provided for in said contract, then this obligation shall be void, otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the revised Civil Statutes of Texas as amended by the acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. PB-3 Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications or drawings 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. IN WITHNESS WHEREOF, sealed this instrument this Sday A-Vpnc),/ So-y~ecT, ~G Principal By Title Pr u~~ Address P. Q- S O K AO / 1 1-7 tea-; rJoi~ t\/ + -Ix . I(eC0 G (SEAL) The name and address of the Resident Agent of Surety is: '-s 0 WTJ a (SEAL) PB-4 the said Principal and Surety have signed and of a-4-1\1 liL~ 19 q 3 . of A-Me Surety Title A+tV - 1 - f` Address 0092b STATE OF TEXAS COUNTY OF DENTON MAINTENANCE BOND KNOW ALL MEN BY THESE RESENTS: THAT as Principal, and n~~V~i/~- S ~1 a Corporation authorized to do business in the State of Texas, as Surety, do hereby acknowledge themselves to be held and bound to pay unto the City of Denton, A Municipal Corporation of the State of Texas, its successors and assigns, at Denton, Denton County, Texas the SUM of FIFTY TWO THOUSAND ONE HUNDRED NINTY FOUR and 60/10l- Dollars Dollars 52_l94_60 10% of the total amount of the contract for the payment of which sum said principal and surety do hereby bind themselves, their successors and asssigns, jointly and severally. This obligation 1s conditioned, however, that: WHEREAS, said PADDOCK SOUTHWEST INC. has this day entered into a written contract with the said City of Denton to build and construct BID # 1456 - POOL RENOVATIONS which contract and the plans and specifications therein mentioned, adopted by the City of Denton, are filed with the City Secretary of said City and are hereby expressly incorporatd herein by reference and made a part hereof as though the same were written and set out in full herein, and: WHEREAS, under the said plans, specifications, and contract, it is provided that the Contractor will maintain and keep in good repair the work therein contracted to be done and performed for a period of one (1) year from the date of acceptance thereof and do all necessary backfilling that may become necessary in connection therewith and do all necessary work toward the repair of any defective condition growing out of or arising from the improper construction of the improvements contemplated by said contractor on constructing the same or on account of improper excavation or backfilling, it being understood that the purpose of this section is to cover all defective conditions arising by reason of defective materials, work, or labor performed by said Contractor, and in case the said Contractor shall fail to repair, reconstruct or maintain said improvements it is agreed that the City may do said work in accordance with said contract and supply such materials and charge the same against the said Contractor and its surety on this obligation, and said Contractor and surety shall be subject to the damages in said contract for each day's failure on the part of said Contractor to comply with the terms and provisions of said contract and this bond. ME-1 0093b NOW, THEREFORE, if the said agreement to maintain said construction and keep same period of one (1) year, as herein and said contract shall be null and void and have no further effect; force and effect. Contractor shall perform its in repair for the maintenance provided, then these presents otherwise, to remain in full It is further agreed that this obligation shall be a continuing one against the Principal and Surety and that successive recoveries may be had hereon for successive breaches of the conditions herein provided until the full amount of this bond shall have been exhausted, and it is further understood that the obligation to maintain said work shall continue throughout said maintenance period, and the same shall not be changed, diminished, or in any manner affected from any cause during said time. _J ~J G these presents and the said as suFety, has )-i ~ VA- this -L~ Sidav SURETY: IN WITNESS WHEREOF the said Pa-VoO,",171~ as Contractor and Principal, has caus cuted by L 5, M D R P/~-Pa2 /Ica~us~ed these presents to be ex0cuted by its Attorney-in-Fact O wv C-0 F4~7 and the said Attorney-in-Fact has hereunto set his hand of V-P'-4-4 , 1913 . OF 4-vV-4c4 4 BY. L i rJ e-. - CA jI Attorney-in-Fact PRINCIPAL: F pow' S 1~ 1~1Fti1_ S • NLfl R-2rb~e.~--~~ P~ MB-2 0093b UNIVERSAL SURETY OF AMERICA 950 Echo Lane, Suite 250, Houston, Texas 77024 Bond No. 129-1204 For verification of the authority of this power you may telephone (713) 722-4660. GENERAL POWER OF ATTORNEY - CERTIFIED COPY Know All Men by These Presents, That UNIVERSAL SURETY OF AMERICA, a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Texas, does by these presents make, constitute and appoint Linda Radcliff its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver bonds for: Principal Paddock Southwest. Inc. Obligee City of Denton Amount 521.946.00 and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, scaled with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do within the above stated limitations. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of Universal Surety of America at a meeting held on the 11 th day of July, 1984. "Be It Resolved, that the President. any Vice President, Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company." "RESOLVED that the signature of any officer of the corporation, and the seal of the corporation may be affixed or printed by facsimile to any power of attorney of the corporation, and that such printed facsimile signature and seal shall be valid and binding upon the corporation." In Witness Whereof, Universal Surety of America has caused these presents to be signed by Its President, John Knox, Jr. and Its corporate seal to be hereto affixed this 15th day of October . A.D., 19 90 . UNIVERSAL SURETY OF AME CA yPr4 a t e By: C~2W State of Texas 1) c Joh nox, Jr. President es: County of Harris On this 15th day of October , In the year 90 , before we Wendy W. Stuckey a notary public, personally appeared John Knox, Jr., personally known to me to be the person who executed the within Instrument as President, on behalf of the corpora- tion therein named and acknowledged to me that the corporation execute! IL %w . 1 h Ra+~~ Notary Public t,s Y'i 1, the undersigned Secretary of Universal Surety of America, hereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Company, and do hereby further certify that the said Power of Attorney is still in force and effect. GIVEN under my hand and the seal of said Company, at Houston, Texas, this , day of 1901• 12 Secretary 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 endorse- ments 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: o 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 . o Any deductibles or self-insured retentions shall be declared in the bid proposal. If requested by the City, the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, its officials, agents, employees and volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. 12-18-91 Insurance Requirements Page 2 o Liability policies shall be endorsed to provide the following: 00 Name as additional insured the City of Denton, its Officials, Agents, Employees and volunteers. 0o 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. o All policies shall be endorsed to provide thirty(30) days prior written notice of cancellation, non-renewal or reduction in coverage. o 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. o 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. o 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: Insurance Requirements Page 3 [X ] A. General Liability Insurance: General Liability insurance with combined single limits of not less than 8500,000 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: o coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual liability covering this contract and broad form property damage coverages. o Coverage B shall include personal injury. o 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: o 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. o Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability. [X] Automobile Liability Insurance: Comprehensive or Business Automobile Liability insurance shall be provided by the Contractor with limits of not less than _ $300.000 per occurrence either in a single policy or in a combination of underlying and umbrella or excess policies. The policy will include bodily injury and property damage liability arising out of operation, maintenance or use of any auto, including owned, non-owned and hired automobiles and employee non-ownership use. (ISO Form CA 0001 Current Edition) Insurance Requirements Page 4 [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. [x] 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 85oo onn combined bodily injury and property damage per occurrence with a $i.ooo.ooo aggregate. Fire Damage Legal Liability Insurance Coverage is required if Broad provided or is unavailable contractor leases or rents a Limits of not less than required. form General Liability is not to the contractor or if a portion of a City building. each occurrence are 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. APPROVED 12-18-91 Insurance Requirements Page 5 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. OOOED Uew w,/'Er„MCE ISSUE DATE (MMIDDIYY) C"E 1/26/93 PROOuDBR THE RADCLIFF AGENCY, INC. 737 MAIN STREET MINDEN, LA 71055 tHIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE MOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE CCOTMPARNYA LINCOLN INSURANCE COMPANY GAINSCO COMPANY s INSURED LITTER PADDOCK SOUTHWEST, INC TRAVELERS INSURANCE COMPANY . P 0 BOX 307 COMPANY LETTBR C GRAND CANE, LA. 71032 ~l NYD GREAT AMERICAN INSURANCE COMPANY A COMPANY COVERAGES THIS 18 TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW NAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REOUIRSMENT, TERM OR CONDITION OP ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATC MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AP19ORDED BY THE POLICIES DESCRIBED HEREIN 18 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, DO TYP! Of INSURANCE POLICY NUMBER DATE (MM EFFECTIVE POLICY (MMICOfM LIMITS A GSNBIML LIABILITY GENERAL A11109EGATE 611000,000 X COMMERCIAL GENERAL LIABILITY LGLA1040155 12/19/92 12/19/93 PROCUCTS-COMFIOP AGG. (INCLUDED CLAIMS MADE X OCCUR. PCRBONAL S ADV. INJURY I X OWNER'S S CONTRACTOR'S PROT. EACH OCCURRENCE 81,000,000 X INDEPENDENT CONTRACTORS FINN DAMAGE (Any one lire) I MID, WINGS IARV onI PINE„) 1 B AUTOMOBILE LIABILITY GPP565341 COMBINED SINGLE 8/08/92 8/08/93 LIMIT 1500,000 ANY AUTO ALL OWNED AUTOS BODILY INJURY 1 X SCHEDULED AUTOS (Por Form) HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (FN BlolAlA1) GARAGE LIABILITY PROPERTY DAMAO! 1 11104118 LIABILITY EACH OCCURRENCE I UMSRELLA FORM AGGREGATE $ OTHBM THAN UMGRILLA FORM C WORKER'S COMPENSATION STATUTORY LIMITS 100 , 000 SAC"ACCIDENT AND 6JUB944JO71392 :500,000 3/15/92 3/15/93 D ICY L EMPLOYERS' LIABILITY ISEABE-POL IMIT 100 , 000 DleeASe-EACH IMFlovee I OTHlR D BUILDERS RISK # TO BE ISSUED 1/21/93 6/21/93 AMT. OF CONTRACT $521.94 DED. OF $1,000 APPLIES. IT IS WRITTEN THAT CONTRACTOR IS,.RE.SPQNSIBLE FOR DEDUCTIBLE. DESCRIPTION OF OPERATIONWLCCATIONWVEHICLIWSPSCIAL ITEMS THE ABOVE GENERAL LIABILzTY AND M ~UILDERS RISK INCLUDE CITY OF DENTON, TEXAS ALSO NAMED IN Rg GgRD$ TO THE T ~Q EXAS IS Y OF EATON, ADDITIONAL INSURED. P Sc EDULE OF ~(gyICLESI '92 GC SUBURBAN #4183, 89 CHEVY 3~4 ION#4503, ~ 2S BUSH YRAIL,ER #53425 CERTIFICATE HOLDER CANCELLATION CITY OF DENT 0 N , TEXAS SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE PURCHASING AGENT Swint RCN DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO BUJ 901-B TEXAS ST. 8 WRITTE MAIL E TO THE CERTIFICATE HOLDER NAMED TO THE DENT 0 N , LA. 76201 BUT FAI URE IL ON NOTICE SHALL IMPOSE NO OBLIGATION OR ,LIABILITY 0 NY KIN UPO HE COMPANY, ITS AGENTS OR REPRESENTATIVES, AUTHORI RBF INT TIV ACORD 2" (7/90) VACORD CORPORATION 1990 CERTIFICATE OF INSURANCE CITY OF DENTON Name and Address of Agency Phone Name and Address of Insured: Phone City of Denton Reference: Project Name: Project No: Project Location: Managing Dept: Companies Affording Coverage: A B C This is to certify that: 1) Policies of insurance listed below have been issued and are in force at this time. 2) The City of Denton is listed as an additional insured as to all applicable coverage. Company Expiration Limits of Liability 1.++.. Tvne nF Tncuranre Pnlirv Numhor natn in Thnmcandc lnnol Comprehensive General Liability Occurrence - Occurrence - Claims Made (see #4-Page CI-4) Bodily Injury $ Broad Form to Include: Property Damage $ - Premises/Operations - Independent Contractors - Products/Completed Operations Bodily injury and Property - Personal injury Damage Combined $ - Contractual Liability(see #3-Page CI-4) - Explosion and Collapse Hazard - Underground Hazard - Liquor Liability Coverage - Fire Legal Liability (see #5-Page CI-4) - Broad Form Property Damage - - Professional Errors/Omissions - occurrence - claims made (see #4-Page CI 4) Comprehensive Automobile Bodily Injury/Person Liability Bodily Injury/Accident - Owned/Leased Automobiles Property Damage $ - Non-owned Automobiles - Hired Automobiles Injury/Property Bo dily Damage Combined $ - Workers' Compensation and Statutory Amount Employers' Liability ' each accident - Owners' Protective Liability $ Other Insurance Description of Operations/Locations/Vehicles. Each policy shall require thirty (30) days notice of cancellation, non-renewal, or material change in coverage. (See #2, Page CI-4). Name and address of Certificate Holder. CITY OF DENTON, TEXAS PURCHASING AGENT 901-B TEXAS ST. DENTON, TEXAS 16201 SEE DEFINITIONS ON CI-4 ATTACHED. Name of Date of PROPOSAL FORM for Bid # 1456 CIVIC CENTER SWIMMING POOL RENOVATIONS City of Denton Denton, Texas To: City of Denton (Owner) Denton, Texas Gentlemen: The undersigned, in compliance with your invitation for bids for the CIVIC CENTER SWIMMING POOL RENOVATIONS, Denton, Texas, having examined the drawings and specifications with related documents and the site of the proposed work, and being familiar with all of the conditions surrounding the construction of the proposed work, hereby proposes to furnish all labor, material, equipment, and supplies and to construct the project in accordance with the Contract Documents, within the time set forth herein, and at the price set forth below. These prices are to cover all expenses incurred in performing the work required under the Contract Documents of which this proposal is a part. In submitting this bid, the Bidder agrees: 1. To hold my Bid open through the thirtyieth (30th) day following the day for submitting this Bid. 2. To accept the provisions of the Instructions to Bidders regarding disposition of Bid Security. 3. To enter into and execute an Agreement if awarded on the basis of this Bid, and to furnish Performance and Payment Bonds in accordance with the Uniform General Conditions and Supplementary General Conditions. 4. To accomplish the Work in accordance with the Contract Documents. 5. To furnish to the Owner within 24 hours of the time of the bid opening a breakdown of the bid price separating the cost of materials to be incorporated into the real property from the cost of all other labor, materials, equipment, and services necessary to complete the work. (To be furnished by apparent low bidder only.) ADDENDA The Bidder further agrees, and acknowledges, the following Addenda have been received and that the entire contents have been incorporated into this Proposal: No. / , dated G 3 No. 3 dated No. -2 , dated f d / 3 No. dated 12-92 Proposal Form - 1 POOL s$; ALTERNATE BID ITEM NO. 2 Bidder agrees to perform all of the sum of ADD DELETE ALTERNATE BID ITEM NO. 3 Bidder agrees to perform al o the sum of AnA4 ALTERNATE BID ITEM NO. 4 Bidder agrees to perform I,f I of the the sum of ~/yILL 16.E ALTERNATE BID ITEM NO. 5 Bidder agrees to perfo all of thz the sum of IS 792 .x ALTERNATE BID ITEM NO. 6 Bidder agrees t rform~the the sum of (s 33Zfj..x ALTERNATE BID ITEM NO. 7 Bidder agrees to perform the the sum of x" Amount shall be words wil I govern. and shown on the drawings for in both words and figures. In case of discrepancy. the amount shown in bed in tI4 specifications and shown on the drawings for spRc and shown on the drawings for in the-specif' 315rrdCshown on the drawings for in the pegfica# sHe~Fn p the drawings for 12-92 Proposal Form - 2 POOL n Bidder agrees to p formj~ I of~t}}~ w~~ descPib specific ns and shown the~draffor the sum of SRC ,=t HcLL-:GGCi~~~ FPD-H PHONE HO. : 917 5EE 1295 Pow ALTEBNATR. DID ITEM NO. J? (Volumary Alternate) Bidder pmpose* t.+ ".Al. Ow 101w.d6',r) V,&M +.yuly,,,u,d uiterrwtlvs as lnanuheturad by as a deduot for the sum of Amours shall be shown in bath words and figures. W uaea of discrepancy, Ihv ttnnrttnt al wvm in words wlfl govern. TIME FOR 92MFUMON OR LIQUIDATtlD RAM829A Tire underalpned Waaa to cornP66 oil a tim pao. BkJ meJ AIlen,wtc DkJ liven Wcnk ready nor ore irwners occeptanoe no later than Monday, May 24, 1W, and as sot forth in thg $peolal CorxJlllorra, and fully ro411ran9 that the Contract will carry Ilquidaled damages provlebna. SUBCONTRACTORS The undersigned Proposes to use Ills following list of subtwntractors on this project. 1. POW installer: 2. Plumbing: IAIC. a. hlectrical: 1 am an agent of the Blddlnp Firm named bolow, awtl,w,L1W to eulnuB this BID. A copy Of current rower Of Attorney Is attached codifying agent's authorlty to bind Bidders. BIDDING FIRM gy- d a'/ZZ/Lr,s'r1 MrLE) ADDRESS: f`? iw_Z 01117 _ ~Z 74 o4- BEAT. IF INCORPORATED 12-92 Proposal Form - a POOL CHANGE ORDER AIA DOCUMENT G701 OWNER ARCHITECT CONTRACTOR FIELD OTHER PROJECT: Civic Center Swimming Pool (name, address) Renovations 515 N. Bell Avenue TO CONTRACTOR: Paddock Southwest, Inc. (name, address) P.O. Box 201117 Arlington, Texas 76006 The Contract is changed as follows: ❑ 19M 11 : ' 4q ~ , r l 1. 49 CHANGE ORDER NUMBER: 02 DATE: March 24, 1993 ARCHITECT'S PROJECT NO: 92128601F CONTRACT DATE: January 19, 1993 CONTRACT FOR: Item 1 - PVC Piping at New Building,.deduct of Item 2 - New Conduit, Wire, J-Boxes, add of Item 3 - New Frontier Deck Drains in decking, add of TOTAL ADD 868.00) $2,592.00 $3,115.00 $4,839.00 Not valid until signed by the Owner, Architect and Contractor. The original (Contract Sum) (Guaranteed Maximum Price) was . Net change by previously authorized Change Orders The (Contract Sum) (Guaranteed Maximum Price) prior to this Change Order was The (Contract Sum) (Guaranteed Maximum Price) will be (increased) (XmatxRWdjt (36II37]W4gdCII);by this Change Order in the amount of The new (Contract Sum) (Guaranteed Maximum Price) including this Change Order will be s 521,946.00 s (8,304.00) s 513,642.00 s 4,839.00 s 518,481.00 The Contract Time will be (kncFoucs1Xxixx [(unchanged) by ( ) clays. The date of Substantial Completion as of the date of this Change Order therefore is May 24, 1993 NOTE: This sunnnan dues not reFlea changes in dm Contract Sum, Contract Time or Guaranteed Maxinmrn Price which have been authorized be Consrruc'tiun Change Direc'tiec. Carter & Burgess. Inc. ARCHITECT 3880 Hulen Street Address Fort Wort Texaq 76;07 BY DATE 3- - City of Denton OWNER 321 F. McKinney address In L~ DATE 7779 ?LJ?IG k Y ,,!j "houid :ign in original AIA document .vhich has this cnutirn orintad in >n cnras'911i ioi i;e obscured C.i-1C4 :0001 /1?_i~;..G.,~-. ...•'._G AIA DOCUMENT G701 • CHANGE ORDER • 198- EDITION • A10 • ©1187 • II IF AMERICAN INS"I'ITI:TE OF ARCIIITF.C95, i'ii NP.\C' 1'ORR AVE.. SIX'.. WASHINGTON, D.C. 20006 G701-1987 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. Paddock Southwest. Inc. CONTRACTOR P.O. Box 201117