1999-177AN 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 1N THE AMOUNT OF $559,387)
WHEREAS, the City has solicited, received and tabulated competitive bids for the
construction ofpubhc works or improvements m 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 hereto 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
~ That the following competitive bids for the construction ofpubhc works or
improvements, as descnbed 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
NI, JMBER ~ AMOUNT
2356 DEAN CONSTRUCTION $559,387
~ 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 construeUon 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 furmshlng of performance and payment bonds, and insurance certificate after
notification of the award of the bid
~ 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 specffieatlons, standards, quantities and specified sums contained therein
~ That upon acceptance and approval of the above competitive b~ds and the
execution of contracts for the pubhc works and ~mpmvements as authorized here~n, the C~ty Council
hereby authonzes the expenditure of funds ~n the manner and ~n the amount as specffied ~n such
approved b~ds and authorized contracts executed pursuant thereto
~ That tins ordinance shall become effective ~mmedlately upon ~ts passage and
approval
PASSED AND APPROVED thru the /~ day of~.~,1999
JAC~'~ER, MAY
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
BID 2356 - CONTRACTUAL ORDINANCE
ATTACHMENT 1
TABULATION SHEET
Bid # Z3_5_.6 Date 5L6J_
,:VERS PARK-BASEBALL FIELDS-PHASE II
NoI Qt¥ I DESCRiPTiON VENDOR VENDOR VENDOR VENDOR VENDOR
r Dean Electnc Jones & Jeffrey Marathon Const Intrep~d Seneca Const
TOTAL BASE BID $546,919 00 $637,83300 $748,00000 $634,03800 $839,00000
ALTERNATE #1'
DEDUCT Delete the furnishing and instalhng of the 6"
depth of gravel base course (gravel parking lot) and ($1 500) ($2,750) ($2,000) ($1 250) ($2 700)
Hake the associated adlustments in compliance with the
plans and epec~fications
ALTERNATE #2:
ADD Prowde and ~nstall all elements of storm
sewer-Line"A" ~n compliance w~th the plans and $12,468 00 $19,090 00 $25,000 00 $14,850 O0 $13,400 00
specifications
ALTERNATE #3,
DEDUCT C~ty of Denton personnel shall furmsh & install the
proect~ve tree fencing The contractor shall make associated
adjustments in his contract dutais In compliance with the plans
and specificaltons ($693 00) ($440 00) ($700 00) ($810 00) ($750 00)
ALTERNATE #4
Deduct Furnish & install American Excelsior Curiex I" in lieu
of American Excelsior 'Curiex I1" 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 Ilghbng system wrih direct burial galvanized steel pole
with concrete backfill as recommended by the manufacturer In
lieu of Musco SC 2 hghting and pole system delineated as the
b~se 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 ail
aspects of erosion control ($10,477 00) ($6,300 00) ($7,500 00) ($4,000 00) ($12,500 00)
ALTERNATE #7.
DEDUCT City personnel shall furnish and install the irrigation
sleevln~ 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 m consideration of the payments and agreements
hereinafter mentioned, to be made and performed by OWNER, and under the cond~tions
expressed m 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
m the amount of $559,387 and all extra work in connection therewith, under the terms as
stated ~n the General Conditions of the agreement, and at h~s (or their) own proper cost and
expense to furmsh all materxals, supplies, machinery, equipment, tools, superintendence,
labor, insurance, and other accessories and services necessary to complete the work specified
above, m accordance with the conditions and prices stated in the Proposal attached hereto, and
m accordance with all the General Conditions of the Agreement, the Special Conditions, the
Notice to Bidders (Advertisement for Bids), Instructions to B~dders, 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 Specdlcatlons 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,
xts officers, agents, employees, mvltees, 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 part~es of these presents have executed th~s agreement
In the year and day first above written
ATTEST
CITY oF DgNTC~N
OWNER
BY
(SEAL)
ATTEST
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
TITLq~ President
Donald R Dean
APPROVED AS TO FORM PRINTED NAME
(SEAL)
CITY ATTORNEY
CA - 3
PERFORMANCE BOND
STATE OF TEXAS § no~ NO. 8154-07-91
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS That DEAN ELECTRIC, INC, DBA
DEAN CONSTRUCTION, whose address ms 701 HALL ST, CEDAR HILL, TX 75104,
hereinafter called Principal, and FEDERAL INSURANCE COMPANY , a corporation orgamzed
and ex~stmg under the laws of the State of TEXAS, and fully authorized to transact bus~ness ~n
the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a mumc~pal
corporaUon organized and ex~stmg under the laws of the State of Texas, hereinafter called
Owner, ~n 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 addmonal sum of money representing addlUonal court expenses, attorneys'
fees, and liquidated damages arising out of or connected with the below ~dent~fied Contract, ~n
lawful money of the Umted States, to be prod m Denton County, Texas, for the payment of
which sum well and truly to be made, we hereby b~nd ourselves, our heirs, executors,
admlmstrators, 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 m no event shall a Change Order or
Supplemental Agreement wfuch reduces the Contract price decrease the penal sum of th~s
Bond
THE OBLIGATION TO PAY SAME IS conditioned as follows Whereas, the Principal
entered mto a certain Contract, ~dent~fied by Ordrnance Number 99-177, w~th the C~ty of
Denton, the Owner, dated the 1 day of JUNE A D 1999, a copy of which ~s hereto attached
and made a part hereof, for BID # 2356 - EVERS PARK BASEBALL FIELDS PHASE II
NOW, THEREFORE, if the Pnnc~pal shall well, truly and faithfully perform and fulfill
all of the undertakings, covenants, terms, condmons and agreements of said Contract in
accordance with the Plans, Specifications and Contract Documents during the orlgxnal term
thereof and any extens{on thereof which may be granted by the Owner, w~th or without noUce
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, notmce 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 withm 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 lndenmmfy and save harmless the
Owner from all costs and damages which Owner may suffer by reason of failure to so perform
hereto and shall fully remmburse and repay Owner all outlay and expense which the Owner may
incur in maktng good any default or deficiency, then this obhgauon shall be void, otherwise, It
shall remmn in full force and effect
PB - 1
PROVIDED FURTHER, that ~f any legal action be filed upon th~s Bond, exclusive
venue shall he m 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 addmon to the terms of
the Contract, or to the Work to be performed thereunder, or to the Plans, Speclficatmns,
Drawings, etc, accompanying the same, shall in anywise affect its obhgatlon on th~s Bond,
and ~t does hereby waive not~ce of any such change, extension of time, alteration or addmon to
the terms of the Contract, or to the Work to be performed thereunder, or to the Plans,
Specifications, Drawings, etc
Th~s Bond ~s given pursuant to the prowsions of Chapter 2253 of the Texas
Government Code, as amended, and any other apphcable statutes of the State of Texas
The undersigned and designated agent is hereby designated by the Surety herein as the
Resident Agent m Denton County to whom any reqmslte notices may be delivered and on
whom servxce of process may be had m matters ar~stng out of such suretyshtp, as provtded by
ArUcle 7 19-1 of the Insurance Code, Vernon's Annotated Clwl Statutes of the State of Texas
IN WITNESS WHEREOF, thru instrument ts executed m 4 copies, each one of which
shall be deemed an original, th~s the 1 day of JUNE 1999.
.~ ~/.~/~ ~ DBA DEAN CONSTRUCTION
SECRETARY
'PRESIDENT- DONALD R DEAN
ATTEST SURETY
The Resident Agent of the Surety m Denton County, Texas for dehvery of notice and servtce
of the process ~s
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 Restdent Agent ts not a
corporatton, gtve 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 Pnnclpal, and F~D~R/~L Z~SURANC~ COMFAt~Y , a corporation organized
and existing under the laws of the State of TEXAS, and fully authorized to transact business m
the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a mumc~pal
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 bmldmg or improvements hereinafter referred to, m the penal sum of
FIVE HUNDRED FIFTY NINE THOUSAND THREE HUNDRED EIGHTY SEVEN and
NO/100 DOLLARS ($559,387) m lawful money of the United States, to be paid m Denton,
County, Texas, for the payment of which sum well and truly to be made, we hereby brad
ourselves, our hexrs, executors, adrmmstrators, 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 m 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
supplymg labor and/or material in the prosecution of the Work provided for m smd 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 obhgatlon
shall be void, otherwise it shall remain m full force and effect
PROVIDED FURTHER, that If any legal action be filed on this Bond, exclusive venue
shall he 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, SpeclficaUons,
Drawings, etc, accompanying the same, shall in anywise affect its obhgation 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,
Specdlcatlons, Drawings, etc
PB - 3
This Bond Is given pursuant to the provts~ons of Chapter 2253 of the Texas
Government Code, as amended, and any other apphcable statutes of the State of Texas
The undersigned and designated agent ~s hereby designated by the Surety hereto as the
Resident Agent m Denton County to whom any reqms~te nouces may be dehvered and on
whom service of process may be had m matters arising out of such suretyship, as provided by
Article 7 19-1 of the Insurance Code, Vernon's Annotated C~wl Statutes of the State of Texas
IN WITNESS WHEREOF, this instrument ~s 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
PRESIDENT - DONALD R DEAN
ATTEST SURETY
The Resident Agent of the Surety in Denton County, Texas for debvery of not~ce and serwce
of the process ~s
NAME SOUTHWEST ASSURANCE GROUP, INC - STEVE RICKENBACHER
STREET ADDRESS 9400 N CENTRAL EXPWY , STE 950, DALLAS, TEXAS 75231
(NOTE Date of Payment Bond must be date of Contract If Resident Agent ts not a
corporatton, gtve a person's name )
2356 CONTRACT & BONDS &INSURANCE
PB - 4
Chubb POWER Federal Insurance Company Attn Surety Department
OF Vigilant Insurance Company 15 Mountain View Road
Surety A'I'rORNEY Pacific Indemnity Company Warren, NJ 07059
Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indmna ~orpor~on VlelLANT INSURANCE COMPANY, a New York
c~rp~rati~n~andPAC~F~C~NDEMNrrYC~MPANY~ec~n~ncorp~ratt~n~d~ss~hherebyo~nstituteendapp~nt Steve R±¢kenbacher,
David C Oxford, Charlee K. Miller, Rebecca S Thacker, Helen Zook, Clinton Norris and
Susan L Salazar of Dallas, Texas .....................................................
ssoh as their true and lawful Attorney-in-Fact t~ execute under such designation in their names end to affix their corporate seals to and deliver for and
on their behalf as surety thereon or othsmdse, bonds and bnpartaktngs and other writings obhgatory tn the nature thereof (other than ball bonds) g~ven
or executed in the course of business, and any Instruments amending or altanng the same, and consents to the modification or atteratlon of any
instrument referred to in eald 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 1 7 ,1998
Kenneth C Wendel, ASSlstar~t Se-orstary
STATE OF NEW JERSEY
County of Somerset J
On June 17 1998, before me, e Notary Public of New Jersey, personally ~ame Kenneth C Wendel, to me known to be Assistant Secretary
of FEDERAL INSURANCE CQMPANY VIGILANT INSURANCE COMPANY and PACIFIC INDEMNITY COMPANY the ~ombentas which executed the foregoing
Power of Attorney. and the said Kenneth C Wendel being by ms duly sworn, did depose end say that ha is A~etatant Secretary of FEDERAL INSURANCE
COMPANY VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY end knows the corporate seals thereof that the seals affixed to the foregoing
Power of Attorney are s~oh ~orperata seals end were thereto cf it.d by authoitty of the By. Laws of ~aid Componisa and that he signed said Power of Attorney as
Assistant Se~rutary of ~ald Combenisa by like authority, end that he is acquainted wtth Frank E Robe~taon, and know~ him to be Vi~e President of ~ald Companies
and that the signature of Frank E Rohel~on su~rlbed ta said Po,Nar of Attorney is in the genuine handwriting of Frank E Roherison and was thereto subscribed
by authority of said By-Lava end In deponeut's pressnae
~.~--~./ CERTIFICATION
Extract fruhTtl1~'-By-Laws of FEDERAL INSURANCE COMPANY, VIOILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY
'All powers of attorney for and on behalf of the Company may and shall be executed in the nares and on behalf of the Company, either by the
Chairman or the President or a Vice Prssldeut er an Assistant Vice President, jointly with the Secretary or sn Assistant le(:rst~ry, under their
respective dssignationa The signature of such officers may be engraved, pdntad or llthegrsphed The signature of each of the following
officers Chairman, Prssldent, any Vl~e President, shy Assistant Vies President, any Secretary, any Assistant Secrstmy and the essl of the
Company may be affixed by facsimlis to any power of ~temey or to any cerUfkmte relating thereto appointing Aeslatant Secretaries or
Attorneys-in-Fact for purposes only of executing end attesting bonds and undertal4ngs and other writings obligatory In the nature thereof, and
any such power cf attorney Or co~tlflcote bes~lng such fanalmlle elgnoturs or fs~imlle sssl shall be ~alld end binding upon the Company end
any such power eo executed end cmtlfled by such fe~lmlle atgnaturs and facsimile seal shall be valid and binding upon the Company with
respect to any bond or underisldng to which It Is attached"
I, Kenneth C Wsndsl,,Asatatant ae~ratary of FEDERAL INSURANCE COMPANY, ViGILANT INSURANCE COMPANY and PACIFIC INDEMNITY
COMPANY (the 'Companies") do hereby oedify that
ti) the foregoing extrsnt of the By-L~ws of the Comlmniss is tnJa and conmct,
(ii) the Co~ ars duly llcer,~d and e~o~ed to tranea~ surety buslneas In all 50 of the United Stotss of Arssrica a~ ~ D~ of
Isisnds, and Federal Is Ik~msed in Arnarlean Sarma, Guam, and each of Ihs Provinces m uanaco exoelx ~'nnoe I:nwam mane, eno
(ill) the foregoing poser of Attorney is true, ~ and in full for~e and effect
GNenundsrmyhandandseaisofsaldCompanlesatWsrmn, NJ this leT dayof JUNE ,19 99
Kenneth C ~/endsl, Asslat~ftt Secretary
IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR
NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY
Telephone (908) 903-3485 Fax (908) 903-3656 e-mall surety~chubb com
CITY OF DENTON
INSURANCE REQUIREMENTS FOR CONTRACTORS
Btdder's attention ts dtrected to the tnsurance reqmrements below It ts highly recommended
that btdders confer wtth thetr respecttve insurance carriers or brokers to determtne tn
advance of Bid submtsston the avadabdtty of msurance certtficates and endorsements as
prescribed and provided heretn If an apparent iow bidder fads to comply strictly wtth the
tnsurance requtrements, that btdder may be dtsquahfied from award of the contract Upon
btd award, all tnsurance requtrements shall become contractual obhgattons, whtch the
successful btdder shall have a duty to matntatn throughout the course of thts contract
STANDARD PROVISIONS
Wtthout hmtttng any of the other obhgattons or habdtttes of the Contractor, the Contractor
shall provtde and matntatn unttl the contracted work has been completed and accepted by the
Ctty of Denton, Owner, the mtmmum tnsurance coverage as mdtcated heretnafler
As soon as practtcable after nottficatton of btd award, Contractor shall file wtth the
Purchastng Department sattsfactory certtficates of insurance, contatmng the btd number and
tttle of the project Contractor may, upon wrttten request to the Purchasing Department, ask
for clartficatton of any tnsurance requirements at any trine, however, Contractors are strongly
advtsed to make such requests prtor to btd openmg, since the msurance requtrements may not
be modtfied or watved after btd opentng unless a wrttten exceptton has been submttted wtth the
btd Contractor shall not commence any work or dehver any material untti he or she
recetves not~J~catton that the contract has been accepted, approved, and stgned by the City of
Denton
All insurance pohctes proposed or obtatned tn sattsfactton of these reqmrements shall comply
wtth the followtng general spectficattons, and shall be matntatned tn comphance wtth these
general spectficattons throughout the duratton of the Contract, or longer, tf so noted
Each pohcy shall be ~ssued by a company authorized to do business ~n the State of
Texas w~th an A M Best Company rating of at least A
· Any deductibles or selfqnsured retentions shall be declared m the b~d proposal
requested by the C~ty, the insurer shall reduce or ehmmate such deductibles or
self-insured retentions w~th respect to the C~ty, ~ts
offimals, agents, employees and volunteers, or, the contractor shall procure a bond
guaranteeing payment of losses and related ~nvest~gat~ons, clmm administration and
defense expenses
· L~abfl~ty pohc~es shall be endorsed to prowde the following
· , Name as additional insured the C~ty of Denton, ~ts Officials, Agents,
Employees and volunteers
That such ~nsurance 1s primary to any other ~nsurance avmlable to the
addmonal insured with respect to clanns covered under the policy and that
thts ~nsurance apphes separately to each insured against whom claim is made
or stat ~s brought The ~ncluslon of more than one ~nsured shall not operate
to increase the ~nsurer's hmlt of habthty
· All pollcles 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 mamtaln such coverage continuously throughout the term of this
contract and, without lapse, for a per~od of three years beyond the contract
expiration, such that occurrences arising during the contract term which give r~se
to claims made after exptratlon of the comract shall be covered
· Should any of the required insurance be provided under a form of coverage that
includes a general annual aggregate hm~t prowdmg for clmms investigation or legal
defense costs to be included m the general annual aggregate limit, the Contractor
shall either double the occurrence bruits or obtain Owners and Comractors
Protective Llablhty Insurance
· Should any reqmred insurance lapse during the comract term, requests for
payments originating after such lapse shall not be processed untd the City receives
satisfactory ewdence of reinstated coverage as required by th~s contract, effective
as of the lapse date If insurance ~s not reinstated, C~ty may, at ~ts sole option,
terminate th~s agreement effective on the date of the lapse
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS
All tnsurance poltctes proposed or obtatned tn sattsfactton of thts Contract shall addtttonally
comply wtth the followtng marked spec~cattons, and shall be matntatned tn compltance wtth
these ad&ttonal spec~cattons throughout the duratton of the Contract, or longer, tf so noted
[x] A General Lmbd~ty Insurance:
General L~abd~ty insurance w~th combined s~ngle hm~ts of not less than
$1,000,000 shall be provided and maintained by the Contractor The pohcy shall
be wrnten on an occurrence bas~s e~ther ~n a stngle pohcy or m a combination of
underlying and umbrella or excess pohctes
If the Commerc;al General Llablhty form (ISO Form CG 0001 current edition) is
used
· Coverage A shall include premtses, operations, products, and completed
operations, independent contractors, contractual hablllty covering this
contract and broad form property damage coverage
· Coverage B shall mclude 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 habdlty (preferably by endorsemem) covering this
contract, personal injury liability and broad form property damage
liability
[X] Automobile Lmbility Insurance.
Contractor shall provide Commercial Automobile Liability insurance with Combined
Single L~mlts (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 reqmrement shall be in the form of a policy endorsement for
· any auto, or
· all owned, hired and non-owned autos
IX] Workers Compensation Insurance
Contractor shall purchase and maintain Worker's Compensation insurance which, m
addlUOn 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 agmnst 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 m 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 Liabd~ty Insurance
The Contractor shall obtain, pay for and maintain at all t:mes during the prosecution of
the work under th~s contract, an Owner's and Contractor's Protective Lmbd~ty
insurance pohcy naming the City as insured for property damage and bodily ~njury
which may arise m the prosecution of the work or Contractor's operations under this
contract Coverage shall be on an "occurrence" bas~s, and the pohcy shall be :ssued by
the same insurance company that carries the Contractor's habfl~ty ~nsurance Pohcy
llm:ts wall be at least combined bodtly injury and property damage per
occurrence w~th a aggregate
[ ] F~re Damage Legal Ltabd~ty Insurance
Coverage is reqmred tf Broad form General L~abd~ty xs not prowded or is unavailable
to the contractor or d a contractor leases or rents a port,on of a C~ty building L~m~ts
of not less than each occurrence are required
[ ] Professional Lmbihty Insurance
Professional hab~hty insurance w~th hm~ts not less than per clmm w~th
respect to negligent acts, errors or omissions ~n connection w~th professional serwces ~s
reqmred under th:s Agreement
[ ] Budders' Risk Insurance
Builders' R~sk Insurance, on an All-R~sk form for 100% of the completed value shall be
prowded Such pohcy shall ~nclude as "Named Insured" the C~ty of Denton and all
subcontractors as their interests may appear
[ ] Additional Insurance
Other ~nsurance may be reqmred on an md~wdual bas~s for extra hazardous contracts
and specd~c serwce agreements If such additional insurance :s reqmred for a specific
contract, that reqmrement w~ll be described ~n the "Specd~c Cond~tions" of the contract
specifications
ATTACHMENT 1
[x] Worker's Compensation Coverage for Building or Construction Projects for
Governmental Ent~tms
A Deflmt~ons
Certificate of coverage ("cert~f~cate")-A copy of a cemflcate of ~nsurance,
a cert~hcate of authority to self-~nsure ~ssued by the commission, or a
coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84),
showing statutory workers' oompensauon ~nsurance coverage for the
person's or ent~ty's employees prowd~ng serwces on a project, for the
duration of the project
Duration of the project - ~ncludes the t~me from the beg~nmng 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 prowd~ng serwces on the project ("subcontractor" ~n §406 096)
- ~noludes all persons or ent~t~es performing all or part of the serwces the
contractor has undertaken to perform on the project, regardless of
whether that person contracted d~rectly w~th the contractor and
regardless of whether that person has employees Th~s ~ncludes, w~thout
hmltat~on, independent contractors, subcontractors, leasing companies,
motor carriers, owner-operators, employees of any such entity, or
employees of any entity which furmshes persons to prowde serwces on
the project "Serwces" include, w~thout hm~tat~on, providing, hauhng, or
dehvenng equipment or materials, or providing labor, transportation, or
other serwce related to a project "Serwces" does not ~nclude act~wt~es
unrelated to the prolect, such as food/beverage vendors, office supply
dehvenes, and dehvery of portable todets
B The contractor shall prowde coverage, based on proper reporting of
classification codes and payroll amounts and hhng of any overage
agreements, which meets the statutory requirements of Texas Labor
Code, Section 401 011(44) for all employees of the Contractor prowd~ng
serwces on the project, for the duration of the project
C The Contractor must prowde a cert~hcate 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, hie a new certificate of coverage
w~th the governmental entity showing that coverage has been extended
E The contractor shall obtain from each person prowd~ng services on a
project, and provide to the governmental entity
(1) a certificate of coverage, prior to that person beg~nmng work on the
project, so the governmental entity w~ll have on file certificates of
coverage showing coverage for all persons prowd~ng serwces on the
project, and
(2) no later than seven days after receipt by the contractor, a new
certificate of coverage show~ng extension of coverage, ~f the
coverage penod shown on the current cert~hcate of coverage ends
during the duration of the project
F The contractor shall retain all required cert~hcates of coverage for the
duration of the project and for one year thereafter
G The contractor shall not~fy the governmental entity ~n writing by cert~hed
mall or personal dehvery, w~thm 10 days after the contractor knew or
should have known, of any change that mater~ally affects the prows~on
of coverage of any person prowd~ng serwces on the project
H The contractor shall post on each project s~te a notme, ~n the text, form
and manner prescribed by the Texas Workers' Compensation
Commms~on, ~nform~ng all persons prowd~ng serwces 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 w~th whom ~t
contracts to prowde serwces on a project, to
(1) prowde coverage, based on proper reporting of classification codes
and payroll amounts and flhng of any coverage agreements, whmh
meets the statutory requirements of Texas Labor Code, Section
401 011(44) for all of ~ts employees prowd~ng serwces on the
project, for the duration of the project,
(2) prowde to the contractor, prior to that person beg~nmng work on
the project, a cert~fmate of coverage showing that coverage ~s being
prowded for all employees of the person prowd~ng serwces on the
project, for the duration of the project,
(3) prowde the contractor, pnor to the end of the coverage period, a
new certificate of coverage showing extension of coverage, ~f the
coverage per~od shown on the current cert~fmate of coverage ends
during the duration of the project,
(4) obtain from each other person w~th whom ~t contracts, and prowde
to the contractor
(a) a certificate of coverage, prior to the other person beg~nmng
work on the project, and
(b) a new certificate of coverage showing extension of coverage,
prior to the end of the coverage period, ~f the coverage per~od
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) not~fy the governmental entity m writing by cerbfled ma~l or
personal delivery, w~thm 10 days after the person knew or should
have known, of any change that mater~ally affects the prows~on of
coverage of any person prowdmg serwces on the project, and
(7) contractually require each person w~th whom ~t contracts, to
perform as required by paragraphs (1) - (7), w~th the certificates of
coverage to be prowded to the person for whom they are prowd~ng
services
J By s~gnmg th~s contract or prowd~ng or causing to be prowded a
certificate of coverage, the contractor ~s representing to the
governmental entity that all emplovees of the contractor who w~ll provide
serwces on the project wdl be covered by workers' compensation
coverage for the duration of the project, that the coverage wdl be based
on proper reporting of classification codes and payroll amounts, and that
all coverage agreements wdl be filed w~th the appropriate ~nsurance carrier
or, m the case of a self-insured, w~th the commission's D~ws~on of Self-
Insurance Regulation Prowdmg false or m~slead~ng ~nformat~on may
subject the contractor to administrative penalties, criminal penalties, c~vII
penalties, or other cwd actions
K The contractor's fadure to comply w~th any of these prows~ons ~s a
breach of contract by the contractor which ent~tles the governmental
entity to declare the contract void ~f the contractor does not remedy the
breach within ten days after receipt of not~ce of breach from the
governmental entity
SECTION 00300 -- Propo.al (Bid) Form
00300 1 TIME 2:00 P M.
00300 2 DATE May 6, 1999
00300 3 TO: Purchasing Agent
City of Denton, Texas
901 -B Texas Street
Denton, Texas 76201
Gentlemen.
00300 4 STIPULATED SUM
The undersigned having examined the Contract Documents entitled
Evem Park - Baseball Fields-Phase II
Bid # 2366
and having wslted the s~te of the proposed construction, and hawng famlhanzed h~mself with
the local conditions affecting the cost of the work, and w~th all addenda to the sa~d
documents, hereby proposes to furnish all supervision, labor, materials, equipment, tools, and
accessories and to do all work ~n accordance w~th said documents and addenda thereto for
the stipulated sum of
Total Base Bid
Total Materials Incoroorated into the Prolect
Total Labor. SuoervlsIon and Materials Not Incomorated into the Prolect
Pursuant to laws for Trench Safety, ~ncluded ~n the Base 6~d and in other Bids is the following
umt price for trench safety measures per linear foot Material $ , ~'~' +
labor $ ,, -~C) = $ /,~ ~' total per hnear foot
Total amount of trench safety measures ~ncluded in the Base B~d
~LE~IE~ HU~.~E~ ..SEV~CIOT"f-'I-t~P~.~$ Dollars ( $ /) /'~, ~)4> )
Total Trench Safety Measures
~w.o~=~u,~.~*~ 00300- I
ALTERNATES:
Alternate//1 -- Deduct -- Delete the furnishing and ~nstalhng of the 6" depth of gravel base
course (gravel parking lot) and make the assocmted adjustments ~n comphance w~th the plans
and specifications
Total Materials Incoroorated into the Prolect
Total Labor, Suoervts~on and Materials Not Incoroorated mtn the Promct
Alternate 82 - Add - Prowde and install all elements of storm sewer - Line 'A' ~n comphance
with the plans and specifications
~'T'k)I~LII~ 7'/I~1~5~tJ.,?) F'~IIEH~£L-/) .51XT,I.I~.I¢i'fT Dollars ($ /~ z/~, O~) )
Total Materials Incoroorated into the Prolect
Tg~al Labor. Supervision and Materials Not Incoroorated tnto the Protect
Alternate #3 - Deduct - City of Denton personnel shall furnish and install the protective tree
fencing The contractor shall make associated adjustments in his contract duttes in
compliance with the plans and specifications
..~1~( /.tll/J;D,~E~ ~J i~£7",I-TI't ,E /~ E Dollars ($ ~J~, 0o }
Tot{~l Materials Incoroorated ~nto the Prolect ~ -~
Tol~al Labor, Suoerwslon and Materials Not Incoroorated ~nto the Promct ~ /~,~
Alternate #4- Deduct - Furmsh and Install American Excelmor "Curlex I" tn heu of A~encan
Excelsior "Curlex I1", tn comphance with the plans and spemflcatlons
7"/~t/~' /./l{/J.~.~-~ -['l~ff/OT~- 7"/xJo Dollars ($ v~,~, ~ )
Tgtal Materials IncorDorated tnto the Protect
Total Labor. Suoerv~slon and Matenals Not Incoroorated ~nto the Promct ~/~ ~.
Altemate #5-- Add o Furnish and tnstall Hubbell SLS remote ballast hghtmg system
wtth dtrect bur,al galvamzed steel pole with concrete backfill as recommended by the
manufacturer In lieu of the Musco SC-2 hghtlng and pole system dehneated as the base bid
~F~/~,I'/Tf-'7"I~Z) ~L~:])I2-~J~ Dollars {$ ~1
Total Materials Incoroorated tnto the Promct
Total Labor. Suoervislon and Materials Not Incornorated into the Prolect
~w.~u~ 00300- 2
UNIT PRICE8: ~ ~
The undersigned agrees that the following unit prices w~ll apply to adjust quant~tms of
materials ~ndicatad on drawings. Prices are for materials furmshed and installed It ~s further
agreed that the quantities of work to be done at umt 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 ~ncreased or decreased, are to be
performed at the umt prices set forth below except as prowded for in the spemficatlons All
unit prices are for addition or deletion
PAVING COMPONENTS (FURNISH & INSTALL)
4" thick 3000 PSI concrete paving ,~, 5/~' Dollars per S F
5" thick 3000 PSI concrete paving ,,'~, 5'~~' Dollars per S F
6" thlok 3000 PSI concrete paving ~,{~,~ Dollars per S F
EARTHWORK & DRAINAGE (FURNISH & INSTALL)
Cut, Transport & Place On-s~te Soil ~. ~.~ Dollars per C Y
Import and Place Off-site Soil '~,~ Dollars per C Y
18" ADS N-12 Storm Sewer ~-~'~' -~' Dollars per L F
24" ADS N-12 Storm Sewer ,~/, 7~ Dollars per L F
4" ADS N-12 Perforated Underdrmn Pipe ~,5/7 Dollars per L F
4" ADS N-12 Non-Perforated U D Pipe ~, z/7 Dollars per L F
Retaining Wall Drainage Headwall /~ Dollarspereach
SANITARY SEWER COMPONENTS (FURNISH AND INSTALL)
4" PVC SDR 35 /~'/'/7 Dollars per L F
4'-0 dm standard manhole ~, -~.~.~, Dollars each
Two Way cleanout ~//~' Dollars each
POTABLE WATER COMPONENTS (FURNISH AND INSTALL)
3" PVC- SDR-21 /Z/, f / Dollars each
3" Gate Valve with box -~ ~ ' Dollars each
FENCING COMPONENTS,(F~URNISH AND INSTALL)
25' high chain link fencing
with concrete beam ~'~)~ Dollars per L F
20' high chain link fencing
w~th concrete beam ~, Dollars per L F
15' h~gh chain link fencing
with concrete beam ~/~h~ Dollars per L F
10' high chain link fencing ~), Dollars per L F
8' high chain link fencing /~, Dollars per L F
6' high chain link fencing /~ Dollars per L F
Standard 4' wide X 6' height gate ~4). Dollars each
15' double gate ~'~7~. Dollars each
3" O.D Line Post (10' fence) ~'~ Dollars each
3" O D Line Post (15' fence) ?~. Dollars each
3" O D Line Post (20' fence) /0~ Dollars each
4" O D L~ne Post (25' fence) /~,~ Dollars each
TURF COMPONENTS (FURNISH AND INSTALL)
Common Bermuda solid sod /~, Dollars per S Y
Staked Common Bermuda solid sod ~, ~'D Dollars per S Y
Drill seeded rye grass A//R Dollars per S Y
Broadcast seeded rye grass i ~)~ Dollars per S Y
PIERS (FURNISH AND INSTALL)
Add per lineal foot of drilled p~ers ~1 Dollars per L F
Casing of drilled p~ers c~). Dollars per Pier
Delete per lineal foot of drilled piers ~3., Dollars per L F
~,~.~ ~ 00300- 4
EROSION CONTROL (FURNISH AND INSTALL)
Penmeter SiItat~on Barrier /~-~0 Dollars per L F
Swale Siltation Fabric Barrier //,.~0 Dollars per L F
Stabd~zed Construction Entrance JA'O~), Dollars each
Staked Erosion Control Matting /~ Dollars per S Y
BIDDER understands the statements and Owner's objectives contmned in ~
ADDENDA.
Acknowledge receipt of the following ad~lenda which are part of the Bidding Documents by
placing Addendum #, Date issued an~ iq~mhng
Addendum No T~o 5/6/99 Addendum No
The undersigned b~dder hereby declares that he has v~slted the s~te of the work and has
carefully examined the Contract Documents pertamtng to the work covered by the above b~d,
and he further agrees to commence work w~thln ten (10) days after date of written notme to
proceed and to substantially complete the work on wh,ch he has b~d w~th~n /~"O
consecutive calendar days subject to such extensions of t~me allowed by specifications
The undermgned b~dder agrees that his b~d shall be good and may not be w~thdrawn for a
period of 60 calendar days after the scheduled closing time for receiving b~ds
The unders,gned bidder understands that the Owner reserves the right to reject any or all b~ds
and to waive any ~nformahtms ,n the bidding
00300
BID GUARANTY: %~ ~.
Enclosed with th~s Bid is a Certified Check for
DOLLARS ($ ).
or a B~d Bond in the sum of
DOLLARS($ 5~ ~ ).
whmh it is agreed shall be collected and retained by the Owner as hqmdated damages ~n the
event th~s Bid Is accepted by the Owner within 60 days after the b~ds are received and the
undersigned fails to execute the Contract and the required Bonds with the sa,d Owner w~th~n
ten (10) days after the date aa~d Bid la accepted, otherwise sa~d check or bond shall be
returned to the undersigned upon demand
DEAN ELECTRIC, INC dba DEAN CONSTRUCTION
Contr~r~fJrmppeme)
701 Hall Street 'Seal
Address
Cedar Hill, Texas 75104
C~ty, State, ZIP Code
(972) 291-7153
Phone
'If Bidder ~s e Corporation
(End of Seotion)
05/05/1999 11 04 2145535781 DUNK1N (DSS ~ DSA) PAGE 0b
EXHIBIT 'A'
Addendum #1
Evers Park
ALTERNATES.
Alternate N -- Deduct -- Ci' ~ personnel shall furnish, Install and maintain all aspeots of
erco~on control outlined on ah~ ~et 8G-3, as delineated in Addendum #1, in compliance with
the plans and specifications
M~eHals In.motored ~nl ~ the P~le~ $ ~ ~ ) O,
Total Labor, ~poewlslon and h atenals Not Incorporated ~nto the Pmie~$ ~ ~G ~ ,
Alternate ~ - Deduct - CIt~ personnel shall furnish and install the Irrigation sleeving aa
shown on sheet SG-1 and as lellnaated in Addendum #1 In compliance with the plans and
specifications
-T"/~tgE H~M ~E"~-/) Dollars ($.
.To~qt Materials I ncomorated into the Pro~ect $
Total Labor. Supervision and Materials Not Incoroorated ~nto the Pro~ect