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2002-136
O IN CE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF CROSS TlMBERS PARK; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 2828- CROSS TIMBERS PARK AWARDED TO DEAN ELECTRIC, INC. DBA DEAN CONSTRUCTION IN THE AMOUNT OF $558,000). WHEREAS, the City has solicited, received and tabulated competitive bids for the construction of public works or improvements in accordance with the procedures of STATE law and City ordinances; and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or improvements described in the bid invitation, bid proposals and plans and specifications therein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the following competitive bids for the construction of public works or improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids: BID NUMBER CONTRACTOR AMOUNT Dean Electric, Inc. dba Dean Cosnstmction 2828 $558,000 SECTION 2. That the acceptance and approval of the above competitive bids shall not constitute a contract between the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and fumishing of performance and payment bonds, and insurance certificate after notification of the award of the bid. SECTION 3. That the City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein. SECTION 4. That upon acceptance and approval of the above competitive bids and the execution of contracts for the public works and improvements as authorized herein, the City Council hereby authorizes the expenditure of fimds in the manner and in the mount as specified in such approved bids and authorized contracts executed pursuant thereto. SECTION 5. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY 3-ORD- BID CONTRACT AGREEMENT STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT, made and entered into this 14~ day of May A.D., 2002, by and between _City._flLD_e, attm_of the County of Dent~n and State of Texas, acting through Michael A. Conduff termed "OWNER," and thereunto duly authorized so to do, hereinafter Dean Electric: Inc. dba Dean Construction 701 Hall Str. Cedar Hill; TX 75104 of the City of Cedar Hill, County of Dallas and State of Texas, hereinafter termed "CONTRACTOR." WlTNESSETH: 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 2828 - Cross Timbers Park in the amount of $558,000.00 and all extra work in connection therewith, under the terms as stated in the General Conditions of the agreement; and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the work specified above, in accordance with the conditions and prices stated in the Proposal and the Performance and Payment Bonds, attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), and Instructions to Bidders, as referenced herein and on file in the office of the Purchasing Agent, and in accordance with the plans, which includes all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof, CA- 1 and the Specifications therefore, as prepared by: Dunkin Sims Stoffels, Inc. all of which are referenced herein and made a part hereof and collectively evidence and constitute the entire contract. Independent Status It is mutually understood and agreed by and between City and Contractor that Contractor is an independent contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas, for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, worker's compensation, or any other City employee benefit. City shall not have supervision and control of Contractor or any employee of Contractor, and it is expressly understood that Contractor shall perform the services hereunder according to the attached specifications at the general direction of the City Manager of the City of Denton, Texas, or his designee under this agreement. Indemnification Contractor shall and does hereby agree to indemnify and hold harmless the City of Denton from any and all damages, loss, or liability of any kind whatsoever, by reason of injury to property or third persons occasioned by any error, omission or negligent act of Contractor, its officers, agents, employees, invitees, and other persons for whom it is legally liable, with regard to the performance of this Agreement, and Contractor will, at its cost and expense, defend and protect the City of Denton against any and all such claims and demands. Choice of Law and Venue This agreement shall be governed by the law of the State of Texas and venue for its construction and enforcement shall lie in the courts of Denton County, Texas. The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in written notice to commence work and complete all work within the time stated in the Proposal, subject to such extensions of time as are provided by the General and Special Conditions. The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the Contract. CA - 2 IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. City of Demon (SEAL) ATTEST: Dean Electric, Inc. dba Dean Construction CONTRACTOR PO Box 70 Argyle, Texas 76226 MAILING ADDRESS 940 241-2257 PHONE NLrMBER APPROVED AS TO FORM: CITY ATTORNEY PRINTED NAME (SEAL) CA - 3 A9~.02,2~.02. 07:27 940 349 7302 CITY OF DENTON PURCI~A~ING #08A5 P.012/028 EXHIBIT 'C' Addendum #2 Cross Timbers Park Denton, Texas SECTION 00300 - PROPOSAL (BID) FORM DATE: MS, CHRISTY SKIRCHAK PURCHASING CITY OF DENTON 9{~t -I~TEXAS STREET DENTON, TX 76209 Dear Ms. Skirchak: The undemlgned, in compliance with your advertisement for Bids for Cross Timbers Park, having examined the Drawings and Specifications, together with the related documents and all conditions surrounding the work, and having visited the sites of the proposed work, hereby, proposes to furnish ~,ll'Wo~k in every detail in accordance with ~he Contract Documents within the time set forth herein and at the prices stated below. These prices shall cover all expenses incurred in performing the work under the Contract Documents, of which the Proposal is a part. Atta~;~ed~er~wlth, please find (Cashier's Check) (Certified Check) (Bid Bond) in the amoullt of $~, five percent (5%) of the bid. I (or we) acknowledge receipt of the following addenda: ADDENDA #t ADDENDA :/~t2: ~'. (Initial) ADDENDA ~f3: ~ (nitial) 00300 - 1 CONTRACT DOCUMENTS: Having examined the Proposal, General Instructions, Materials, Execution, Drawings, and Contract for (Bid # 2822) Cross Timbers Park and having examined the premises and circumstances affecting the work, the undersigned offer, OFFER: 1. To furnish all labor, material, tools, equipment, transportation, bonds, all applicable taxes, incidentals, and other facilities, and to perform all work for the Cross Timbers Park, Outdoor Improvements: Total Sase Bid Total Materials Incorporated into the Project* Total Labor, Supervision and Materials Not Incorporated into the Proiect* *Sum of these two lines equal Total Base Bid for all Parks. ALTERNATES: Alternate #1 - - Add - Construct all elements of the concrete hike and bike trail from Clear River Lane to Seven Oaks Lane, reference sheets SG-01 and SL-01j D~llars($ ~- _v~. *Total Materials Incorporated into the Proiect $ *Total Labor, Supervision and Materials Not Incorporated into the Project $ * Sum of these two lines must equal the Total Alternate #1 Cost ,-.-~,,~,,-,~,.~,,~, 00300 - 2 APR. 02.20.2 07:27 940 349 7302 CITY OF DENTON PURCHASING #0845 P.014/028 'UNITPRICES: The undersigned agrees that the following unit prices will apply to adjust quantifies of materials Indicated on drawings. Prices ara 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 p6ces set forth below except as provided for in the specifications. deletion. PAVING COMPONENTS (FURNISH & INSTALL): 6~ reinforced concrete pevlng 6" standard curb & gutter 5' reinforced trail, 8' wide 5" minfomed concrete flatwork 12~ A~S N-12 HDPE SWale crossing-triple Swale Crossing 1-30" & 2-18" ADS N-12 Pipe Swale Crossing Double 24" Swale Crossing - Single 12" _ _. ~,~ Swale Crossing -Double 12" curb Ramp TURF COMPONENTS (FURNISH AND INSTALL): Drill S~d~ Be~uda gm~ Hydm~ S~ed Be~uda gross Hydromulched Be~uda gross EROSION CONSOL (FURNISH AND INSTALL): Siltation Fabric Barrier- Perimeter Siltation Fabric Barrier - Swale Stabilized Construction Entrance/Exit Staked Erosion Control Matting All unit prices are for addition or ,3 Dollars per S.F. /.b" ~ Dollars per L.F. 2~ ~ Dollars per L.F. ..~ ..-~o Dollam per S,F, Dollars per each Dollars per each Dollars per each Dollars per each Do, liars per each Dollars each Lump Sum Dollars per S.F. Dollars per S.F. Do ars per S,F. Dollars per L.F. Dollars per L.F. Dollars each Dollars per S.Y- 00300 - 3 CITY OF DENTON PUACHASING #0845 P.015/028 "Staked Common Benmu~a Solid Sod .. _2 ~,, PLAYGROUND COMPONENTS (FURNISH AND INSTALL): Playground border Playground border integral w/~/alkway Band Volleyball Court Border Playground Access Ramp MISCELLANEOUS (FURNISH AND INSTALL) Pier Casing - 30 Depth 24' Diameter Pier- Extension 24".Diameter pier - Reduction REM, Inc. #RT Double Drinking Fountain wi8' x 12' Concrete Pad 1%" Water Line 1' Water Line Import and Place off-site Soil On-site Earthwork u Bench Dollars per S.Y. Dollars per L.F. Dollars per LF. Dollars per LF. Dollars per L.F. Dollars per each Dollars per L.F. Dollars per L.F. Picnic Table Dollars per each Dollars per LF. Dollars per L,F. Dollars per C,Y. Oollam ~r each ~llam ~r each EXAMINATION OF SITE: By signing the Proposal Form, conffactor acknowledges he IS an authorized representative and has examined the site and is aware of all field conditions, which may affect the work. TAXES: Tax shall not be included in your bid. Upon receipt of notice of acceptance of this bid, within sixty (60) days of the date of this proposal, I (or we) agree to execute the formal contract within ten (10) days thereafter, and to deliver an Insurance Certificate, a SURETY BOND in the amount of ONE HUNDRED and TEN PERCENT (110%) of the contmu--t price for the faithful performance of the contract, and a ONE HUNDRED PERCENT (100%) STATUTORY PAYMENT BOND. 00300-4 -The bnaersigned bidder hereby deslaree that he has visited the ~ite of the work and has carefully examined the Cantra~ Documents pertaining to the work covered by the above bid, and he also agrees to r~mmence work within ten (10) days after date of written notice ta do so and to substantially complete the work on which he has bid within /2.~. oonsecutive calendar days, subjeot to allah extensions of time as allowed by the specifications. Contmatora that are awarded ~ontraots shall be prepared to Immediately alu down with the City of Denton Representatives and present a plan that will Illustrate how progression of work is to take pla~e. if a contraotor is awarded the project, the project must be aampleted within the date 'stipulated by the Contra0tor shown above, or the Contraotor will be subject to liquidated damages as set forth below. A warring day is defined as a calendar day, In which weather or other r, ondrdons not under the oontrol of the company will permit the pedormence of the principal units of work underway for a continuous period of not less than seven (?) hours between 7:00 A.M. and iS:O0 P.M. The undersigned agrees that the Owner may retain the sum of Five Hundred Dollars ($500.00) from Itm amounl~ to be paid to the undersigned for each calendar day that the work oontemplated ~m~rnslncompletebeyond-thefJme set forih~Sundays and holidays INCLUDED. This amount is agreed upon as the proper measure of liquidated damages, which the ~I~1 ~b-staifi ~it day, by failure of the undersigned to complete the work at the stipulated time, and Js not to be construed in any sense as a penal. Payment will be made to the contractor within thirty (30) days alter reseipt of proper invoice and written acceptance of project from the Owner's representatlve, all required'material invoices, dooumenteflon, ets and all written warranties from both cenba~tor and manufasturer. I (or we) agree to promptly furnish a correct and current financial statement'of condition with a list of owned equipment and an experience record of completed projects far examination by Owner and architect, if.same Is required. SEAL (If by Corporation) RESPECTFU~Y 8UBMI'ITED~ DE~-N AN ONSTRUCTION ~ ' ~x~ (Name) ~'M..W. Halpern 701 Hall St. ~ (Address) Cedar Hill, Tx. 75104 00300.5 ~ BDYd ''±SNOD NV~G SLOEIPESP~ BB:8I ~00Ef~0/P0 PERFORMANCE BOND BO~ID I¢0o 8~56 70 59 STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That Dean Electric: Inc. dba Dean ~whose address is 701 Hall Str., Cedar Hill: TX 75104 , hereinafter called Principal, and s~v~ xs~-ue~vc~ co~v~r , a corporation organized and existing under the laws of the State of ~, and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, in the penal sum of Five Hundred and Fifty. Eight Thousand Dollars and 0/100 DOLLARS ($ 558:000.00) plus ten percent of the stated penal sum as-an additional.-sum of money represent:rog additional cou~t.expenses, attorneys' fees~ md liquidated damages arising out of or connected with the below identified Contract, in lawful money of the United States, to be paid in Denton County, Texas, for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement which reduces the Contract price decrease the penal sum of this Bond. THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain Contract, identified by Ordinance Number 2002-136, with the City of Denton, the Owner, dated the 14~ day of ~ A.D. _2092, a copy of which is hereto attached and made a part hereof, for Bid 2828- Cross Timbers Park:. NOW, THEREFORE, if the Principal shall well, truly and faithfully perform 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 fmai 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 fried 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 serviEe of process may be 'fred in nia~ters arishag out 0~ such suretyship, as provided by Article 7.19-1 of the Insurance Code, Vemon'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 thel;l~day of ~u, ., 2002 ATTEST: PRINCIPAL I~RESIDENT ATTEST: SURETY FEDEN~L I~C~ CONP~WZ ATTO RNEY~iN 2pA~-q'~'- The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is: NAME: STREET ADDRESS: e~400 W_ (~RW'I'ART~ EXPU~A"~'~I][. ~o.t']~ 950t DaY-T'~C~e ,fl~l~c: 752~11 (NOTE: Date of Performance Bond must be date of Contract. corporation, give a person '$ name.) PB - 2 If Resident Agent is not a PAYMENT BOND STATE OF TEXAS § 8156 70 59 COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That Dean Electric, Inc. dba Dean ~, whose address is 701 Hall Str., Cedar Hill: TX 75104 hereinafter called Principal, and ,o¢,,~nar. rnmmanc~ ca~m~r , a corporation organized and existing under the laws of the State of rm)x~a~a ., and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, and unto all persons, firms, and corporations who may furnish materials for, or perform labor upon, the building or improvements hereinafter referred to, in the penal sum of Five Hundred and Fifty. Eight Thousand Dollars and 0/100 DOLLARS ($ 558:000) in lawful money-of the.-United-States~ to be pair--in Denton, County, Texas, for -the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement which reduces the Contract price decrease the penal sum of this Bond. THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain Contract, identified by Ordinance Number _2002:13.6__-, with the City of Denton, the Owner, dated the 14a day of ._May_ A.D. 2002, a copy of which is hereto attached and made a part hereof, for Bid 2828 - Cross Timbers Park. NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties and make prompt payment to all persons, ill'ms, 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 thc 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 A~ticle 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 thej.~ day of ~, 20o2__. ATTEST: PRINCIPAL ATTEST: SURETY A~T-T O RN E ¥7 IN - FA {~'~' ~v~ The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is: STREET ADDRESS: 9400 ~. c~t~lL EXP~SS~AF, ~u.t'l'~ 950· l~ar.r~, i,~;ra.~ 75231 (NOTE: Date of Payment Bond must be date of Contract. If Resident Agent is not a corporation, give a person's name.) PB - 4 Chubb POWER Federal Insurance Company Attn.: Surety Department OF ' Vigilant Insurance Company 15 Mountain View Road Surety ATI'ORNEY Pacific Indemnity Company Warren, NJ 07059 Know Ail by 'nmeo Presents, That FEDERAL INsuRANCE COMPANY, an Indiana co~, VIGILANT INSURANCE COMPANY, a New York c~rp~ration~andPA~~F~c~NDEMN~TY~~MPANY~aWiscensincorpare~~n'd~eachherebyconstituteandappaint Steve Rickenbacher, David C. 0×ford, Charles K. Hiller and Cl'inton Norr±$ o£ Dallas, Texas ................ each as their true and lawful Attorney-in-Fact to execute under such designation in their nsmea and to affix their corporate seals to and deliver for and on their behalf as surety thereon or ctherwiea, bonds and undertakings and other wrffings obligatory in the nature thereof (other than bail bonds) given or executed in the course of business, and any instruments amending or altering the same, and consents to the modification or alteration of any instrument referred to in said bonds or obligations. In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate seals on this 5 th day of Novemb er, 2001 f(enn~t~ C: W~i~,/~'eaistsnt Secretary STATE OFNEW JERSEY }.ss. Count/of Somemat On.is 5th dwof November, 2001 ,boforeme, aNotoryPublidofNewdemey, pamonally~rneKennethC. Wendel, to me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which exe~utod the foregoing Power of ASomey, and the said Kenneth C, Wendel being by me duly swam, did depose and say that be is Assistant Se~ratary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corpande seals thereof, that the seals aff'~ed to Ibe foregoing Power of Attorney are su=h corporate seals and were thereto afrmed by authority of the By-laws of said Companies; and that he sign~r,~.~S~_~4~r ef ASomey as Assistant Secrel.aly of said Companies by like authority;, and that he is acquainted with Frank E. Robensen, and keow~ him to he Vi id Companies; and that the mgnatura of Frank E. Rohensen, subscribed to said Power of Atlorney is in the genuine handwriting of Frank E. ~:erato subscribed by authority of .id ..By, ,,., ,,J~,,.~?~. Ip~onenl's p--ncc. Nolary Public State of New Jersey * i n {3' ~ ' ' '' Notary Public Commission Expire t tr, Extract from the By-Laws of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY: 'All pow~s of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman or the President or a Vice President or an Assistant V'me President, jointly with the Secratsry or an Aealstsnt Seore{ery, under their respective designations.. The signature of such officers may be engraved, printed or lithogmphed. The signature of each of the following officem: Chairman, President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary and the seal of the Company may be afr,(ed by facsimile to any power cf attorney or to any certificate relating thereto appointing Assistant Seoretsrisa or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and ether 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 p~ver so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bend or undertaking to which it is attached.' [, Kenneth C. Wendel, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the 'Companies") do hereby cortJfy that (i) tha toregaing extract of the By-Laws of the Cornpanlea is true and corract, (ii) ~ha c~mpanias are do~y r~enaed and au~horiz~ io bansec~ sta~aty busiceea in ~ 5~ d the ~nlted Statea d Am~i~ and the Dia~t ~ Columbla sod ere authorized by the U, S. T. ~.~t=_ _~y Depa~ further, Fedmat and Vigilant are Ikieosed In Puerto Rico and Ibc U. S. Virgin I~Jands, and Fedmat is Ik:eosed i~ ~ Sam*:a, Guam, and each dlha Pruvincea d Cansda e~:ept Prince Edvmn:l Island; and (iii) the foregoing Power of Attorney is true, eorrect and in full force and effect. Given under rny hand and seals of said Companies at Warren, NJ this .~.j~r day of ~ ,2002 Kenneth C. Wendel, A~istsnt Secretary IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THiS BOND OR I NOTIFY US OF ANY OTHER MA3-1'ER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY Telephone (908) 903-3485 Fax (908) 903-3656 e-mail: surety~chubb.com 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 obliga~'ons or liabilities of the Contractor, the Contractor shall provide and maintain until the- contracted work has been completed and accepted by the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter. As soon as practicable after notification of bid award, Contractor shall file with the Purchasing Department satisfactory certificates of insurance, containing the bid number and title of the project. Contractor may, upon written request to the Purchasing Department, ask for clarification of any insurance requirements at any time; however, Contractors are strongly advised to make such requests prior to bid opening, since the insurance requirements may not be modified or waived after bid opening unless a written exception has been submitted with the bid. Contractor shall not commence any work or deliver any material until he or she receives notification that the contract has been accepted, approved, and signed by the City of Denton. All insurance policies proposed or obtained in satisfaction of these requirements shall comply with the following general specifications, and shall be maintained in compliance with these general specifications throughout the duration of the Contract, or longer, if so noted: · Each policy shall be issued by a company authorized to do business in the State of Texas with an A.M. Best Company rating of at least A Any deductibles or self-insured retentions shall be declared in the bid proposal. If requested by the City, the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, its officials, agents, employees and volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. · Liab[tity policies shall be endorsed to provide the following: Name as additional insured the City of Denton, its Officials, Agents, Employees and volunteers. That such insurance is primary to any other insurance available to the additional insured with respect to claims covered under the policy and that this insurance applies separately to each insured against whom claim is made or suit is brought. The inclusion of more than one insured shall not operate to increase the insurer's limit of liability. All policies shall be endorsed to read: "SAID POLICY SHALL NOT BE CANCELLED, NONRENEWED OR MATERIALLY CHANGE WITHOUT 30 DAYS ADVANCED WRITTEN NOTICE BEING GIVEN TO THE OWNER (CITY) EXCEPT WHEN THE POLICY IS BEING CANCELLED FOR NONPAYMENT OF PREMIUM IN WHICH CASE 10 DAYS ADVANCE WRITTEN NOTICE IS REQUIRED". Should any of the required insurance be provided under a claims-made form, Contractor shall maintain such coverage continuously ~thf_oughout 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 claima 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 shah 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: IX] 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, $i00,000 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). [1 [] [] [] [] Owner's and Contractor's Protective Liability Insurance The Contractor shall obtain, pay for and maintain at all times during the prosecution of the work under this contract, an Owner's and Contractor's Protective Liability insurance policy naming the City as insured for property damage and bodily injury which may arise in the prosecution of the work or Contractor's operations under this contract. Coverage shall be on an "occurrence" basis, and the policy shall be issued by the same insurance company that carries the Contractor's liability insurance. Policy limits will be at least combined bodily injury and property damage per occurrence with a aggregate. 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 Ix] 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. 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. 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: (0 a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on ftc 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. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. 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. 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 conU:actually require each person with whom it contracts to provide services on a project, to: (1) provide coverage, based on proper reporting of classificatk~n codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain from each other person with whom it contracts, and provide to the contractor: (a) a certificate of coverage, prior to the other person beginning work on the project; and 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 ~e 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 si~-ning thig 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 ~ed 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. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. Bid 2828 - Cross Timbers Park ACORD , CERTIFICATE OF LIABILITY INSURANCE DAYE,MM=D ) 06/10/2002 PRODUCER (214)691-5721 FAX C2[4)691-4961 K & S Group, Znc. Southwest Assurance Group, Inc 9400 N Central Expwy., #950 Dallas, TX 75231-5044 ~NSURED Dean Electric, Inc. Dean Electric, Inc. dba Dean Construction 101 flall Street Cedar Hill, TX 75104 COVERAGES THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, INSURERS AFFORDING COVERAGE iNSURER B: INSURER C: INBURER D: JNSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR POLICY EFFECTIVE POLICY EXPIRATION LTR TYPE OF INSURANCE POLICY NUMBER DATE (MMIDD/YY) DATE tMMIDD/YY) LIMITS GENERAL LIABILITY :PP1074168 O3/31/2002 03/31/2003 EACH OCCURRENCE $ 1,000,O00 X COMMERCIAL GENERAL LIABILITY FiRE DAMAGE (Any one fire) $ 300, O00 I CLAIMSMADE ~ OCCUR MEDEXP(Anyoneperson) $ 10,006 A PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS ~ COMP/OP AGG $ 2,000,000 I POLICY ~pRC~ JECT ~ LOC AUTOMOBILE LIABILITY :Al110265 03/31/2002 03/:31/2003 COMBINED SINGLE LIMIT X ANY AUTO (Ea accident) 1,000,O00 ALL OWNED AUTOS BODILY INJURY A SCHEDULED AUTOS (Per person) $ X HIRED AUTOS BODILY[N JURY X NON-OWNED AUTOS (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ; AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER TEAN EAACC $ AUTO ONLY: AGO $ : EXCESS LIABILITY :U0288946 03/31/2002 03/31/2003 EACH OCCURRENCE $ 3,000,000 :x I occuR []CLAIMSMADE AGGREOAm $ 3,000,000 A $ DEDUCTIBLE $ RETENTION $ $ WORKERSCOMPENSATIONAND ~CO783741 O3/31/2002 O3/31/2OO3 X WCSTATU- TORY L MITS- A EMPLOYERS' LIABILITY E.L. EACH ACCIDENT S 500, OO0 E.L. DISEASE - EA EMPLOYEE $ 500, OO0 S.L. DISEASE - POLICY LIMIT $ 5007000 BOT:~ R [M1067217 03/31/2002 03/31/2003 $4,000,000 per locatlon u~ders' Risk (all A risk) $25,000 Transit $500 Deductible DESCRIPTION OF O pERATIONS/LOCATIONSNEHICLES/SXC LU SIGNS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Project: Cross Timbers Park, Denton TX Page i of 2 - see attached CERTIFICATE HOLDER ; ] ADDITIONAL INSURED; INSURER LE1TER: ~ CANCELLATION CITY OF DENTON 901-B Texas Street Denton, TX 76209 ACORD 25-S (7/97) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ;SSUING COMPANY WILL ~ MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, ~m~xxx ~x AUTHORIZED REPRESENTATIVE Stephen Rickenbacher/SHEREL ~ ©ACORD CORPORATION t988 CTTY OF DENTON Certificate issued to CTTY OF DENTON 06/10/2002 K & S Group, Tnc. 06/10/2002 Named Insured: Dean Electric, Inc. Project: Cross Timbers Park, Denton TX City of Denton, its officials, agents, employees and volunteers are all shown as additional insureds with regards to the liability policies on a primary basis as required by contract. A waiver of subrogation is afforded to the same with regards to the Work Comp policy as required by contract. Said policies shall not be cancelled, nonrenewed or materially changed without 30 days advanced written notice being given to the owner (city) except when the policy is being cancelled for nonpayment of premium in which case 10 days advanced written notice is required.