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HomeMy WebLinkAbout2001-103ORDINANCE NO AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF NEIGHBORHOOD PARKS AND PLAYGROUND IMPROVEMENTS, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING FOR AN EFFECTIVE DATE (BID 2630 —NEIGHBORHOOD PARKS AND PLAYGROUND IMPROVEMENTS PROJECT, AWARDED TO PLAYGROUND SPECIALIST, INC, IN THE AMOUNT OF $224,479 83 INCLUDING ALTERNATES 1 AND 4) WHEREAS, the City has solicited, received and tabulated competitive bids for the construction of public works or improvements in accordance with the procedures of STATE law and City ordinances, and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or improvements described in the bid invitation, bid proposals and plans and specifications therein, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the following competitive bids for the construction of public works or improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids BID NUMBER CONTRACTOR AMOUNT 2630 Playground Specialist, Inc $224,479 83 SECTION II That the acceptance and approval of the above competitive bids shall not constitute a contract between the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and furmshing of performance and payment bonds, and insurance certificate after notification of the award of the bid SSECTION III That the City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein SSECTION IV That upon acceptance and approval of the above competitive bids and the execution of contracts for the public works and improvements as authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto SECTION V That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the � day of A1i , 2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L P UTY, Y ATTORNEY BY 2530-CONTRACTU ORDINANCE(2101) CONTRACT AGREEMENT STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT, made and entered into this day of March A D , 2001, by and between sty of Denton of the County of Denton and State of Texas, acting through Michael W. le . thereunto duly authorized so to do, hereinafter termed "OWNER," and of the City of Lewisville , County of Denton and State of Texas , hereinafter termed "CONTRACTOR" WITNESSETH That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by OWNER, and under the conditions expressed in the bonds attached hereto, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified below in the amount of -�. 4,479.93 and all extra work in connection therewith, under the terms as stated in the General Conditions of the agreement, and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the work specified above, in accordance with the conditions and prices stated in the Proposal and the Performance and Payment Bonds, attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), and Instructions to Bidders, as referenced herem and on file in the office of the Purchasing Agent, and in accordance with the plans, which includes all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof, CA - 1 and the Specifications therefore, as prepared by all of which are referenced herein and made a part hereof and collectively evidence and constitute the entire contract Independent Status It is mutually understood and agreed by and between City and Contractor that Contractor is an independent contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas, for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, worker's compensation, or any other City employee benefit City shall not have supervision and control of Contractor or any employee of Contractor, and it is expressly understood that Contractor shall perform the services hereunder according to the attached specifications at the general direction of the City Manager of the City of Denton, Texas, or his designee under this agreement Indemnification Contractor shall and does hereby agree to indemnify and hold harmless the City of Denton from any and all damages, loss, or liability of any kind whatsoever, by reason of injury to property or third persons occasioned by any error, omission or negligent act of Contractor, its officers, agents, employees, invitees, and other persons for whom it is legally liable, with regard to the performance of this Agreement, and Contractor will, at its cost and expense, defend and protect the City of Denton against any and all such claims and demands Choice of Law and Venue This agreement shall be governed by the law of the State of Texas and venue for its construction and enforcement shall lie in the courts of Denton County, Texas The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in written notice to commence work and complete all work within the time stated in the Proposal, subject to such extensions of time as are provided by the General and Special Conditions The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the Contract CA-2 IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written ATTEST � .l APPROVED AS TO FORM CITY ATTORNEY /I�� lilyllu I Ek I (SEAL) �*�'Cl�QG/SiS,/•✓c- CON RACTOR /SS �%9�FKSiL7� Tle L�r.lisd�ccE,�T-X 75077 MAILING ADDRESS PHONE NUMBER CA-3 'v- 2 <//- / 33 FAZNUR BY / TITLE (SEAL) PERFORMANCE BOND STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS That Playground Specialist Inc. whose address is 1559 Parkside Trail „Lewisville, TX 75077 hereinafter called Principal, and Insurance Company of the West a corporation organized and existing under the laws of the State of California and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, in the penal sum of Two Hundred Twenty Fourusand Four Hundred Seventy Nine and 83/100 DOLLARS ($ 224.479.83) plus ten percent of the stated penal sum as an additional sum of money representing additional court expenses, attorneys' fees, and liquidated damages arising out of or connected with the below identified Contract, in lawful money of the United States, to be paid in Denton County, Texas, for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement which reduces the Contract price decrease the penal sum of this Bond THE OBLIGATION TO PAY SAME is conditioned as follows Whereas, the Principal entered into a certain Contract, identified by Ordinance Number 2001-103, with the City of Denton, the Owner, dated the 6 day of March A D 2001 , a copy of which is hereto attached and made a part hereof, for Bid # 2630 - Neighborhood Parks and Playground Protect NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill all of the undertakings, covenants, terms, conditions and agreements of said Contract in accordance with the Plans, Specifications and Contract Documents during the original term thereof and any extension thereof which may be granted by the Owner, with or without notice to the Surety, and during the life of any guaranty or warranty required under this Contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby waived, and, if the Principal shall repair and/or replace all defects due to faulty materials and workmanship that appear within a period of one (1) year from the date of final completion and final acceptance of the Work by the Owner, and, if the Principal shall fully indemnify and save harmless the Owner from all costs and damages which Owner may suffer by reason of failure to so perform herein and shall fully reimburse and repay Owner all outlay and expense which the Owner may incur in making good any default or deficiency, then this obligation shall be void, otherwise, it shall remain in full force and effect PB-1 PROVIDED FURTHER, that if any legal action be filed upon this Bond, exclusive venue shall lie in Denton County, State of Texas AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc , accompanying the same, shall in anywise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, as amended, and any other applicable statutes of the State of Texas The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Denton County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Article 7 19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas IN WITNESS WHEREOF, this instrument is executed in 4_ copies, each one of which shall be deemed an original, this the _b_day of March 2001 ATTEST . ur'll I I i �►• PRINCIPAL Playgroun4ecialists, Inc. BY RESIDENT, David Thomsen UR SURETY W1 ess as to Surety Insurance lonAy of the West BY Step ante L. Fool BY ATTORNEY -I -FACT Sheryl,A. Klutts The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is NAME Pauline Lesch, Denton Cdulity Resident Agent STREET ADDRESS 206 Elm St., Suite 105, Lewisville, TX 75057 (NOTE Date of Performance Bond must be date of Contract If Resident Agent is not a corporation, give a person Is name ) PB-2 PAYMENT BOND Bond No 172 09 12 STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS That Playground Sprclabsts Inc." whose address is 1559 Parkside Trail Lewisville TX 75077, hereinafter called Principal, and Insurance Company of the West , a corporation organized and existing under the laws of the State of California, and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, and unto all persons, firms, and corporations who may furnish materials for, or perform labor upon, the building or improvements hereinafter referred to, in the penal sum of Two Hundred Twenty Four Thousand Four Hundred Seventy Nine and 93/100 DOLLARS ($224,479 83) in lawful money of the United States, to be paid in Denton, County, Texas, for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement which reduces the Contract price decrease the penal sum of this Bond THE OBLIGATION TO PAY SAME is conditioned as follows Whereas, the Principal entered into a certain Contract, identified by Ordinance Number 2001-103 , with the City of Denton, the Owner, dated the 6 day of March A D 2001 , a copy of which is hereto attached and made a part hereof, for Bid 2630=Neighborhood Parks and Playground Improvement Project NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties and make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying labor and/or material in the prosecution of the Work provided for in said Contract and any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby expressly waived, then this obligation shall be void, otherwise it shall remain in full force and effect PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive venue shall lie in Denton County, Texas AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc , accompanying the same, shall in anywise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc PB-3 This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, as amended, and any other applicable statutes of the State of Texas The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Denton County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Article 7 19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of which shall be deemed an original, this the 6 day of _Match_, 2001 ATTEST 1: . uiil WE=1161d NFTE&FK WITNESS AS TO SURETY *312ue"a Al PlaygrounddDecialists.Inc BY PRESIDENT David K Thomsen SURETY Insurance 4m�nyof the West BY ATTORNEY -I -FACT Sheryl A Klutts The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is NAME Pauline Lesch, Denton County Resident Agent STREET ADDRESS 206 Elm St., Suite 105, Lewisville, TX 75057 (NOTE Date of Payment Bond must be date of Contract If Resident Agent is not a corporation, give a person Is name) a 1, ] i iFapl KNOW ALL IvlRri BY THBSE�PRI6E Explorer Insurance Co y, a Capon duly organized under the laws of the Sp , 4OF I their time and lawful ay(s)' and other similar contre of a"Z' IN WITNES rRR' l= t x +a ,tPgn� aw , ti WtaaaM a# ,I ' bL of g John H aig Assistanl State of California �t 88 ,i a County of Ben Diego J On January 16, 2001, before the persona Whose 1141121 ` W an ri ' then signatures on the t,a No 5 ` ICW,OROUP ;''Power of Attorney I t Iiuurance Company of the West mpan i I Independence Casualty and Surety Company we �mnpaoy of the West, a Corporation duly organized under the laws Ilof the State of California, inder the laws of the State of Arizona, and Independence Casualty and Surety Company, a Corporation mlyiaffl i ed to as the;'Compames'), do hereby appoint i )HN''CMILLER, H, SHERYL A. KLUTTS AND IG R HARVEY li I � to, ,egemtle, aign, seal, and deliver on behalf of the Companies, fidelity and aunt]' bonds, undertakings, umenta,l I Bused these presents to be executed by its duty authorized offioere this 16th day of January, 2001 INSURANCE COMPANY OF THE WE:T EXPLORER INSURANCE,COMPANYSU ;tE ti INDEPENDENCE CASUALTY AND TY COMPANY l �If John L Hermu n, Executive Vice President Yotary,Publio, Personally appeared John L Hamam and John H Craig personally known to rue to be want, evil acknowledged to me that they executed the earns in their au ed capoomea, and that by vhioh the persons acted, executed the instrument Witness my hand and official seal e�'! 7 Aawa� 01 i i r,t , Nome Porter, Notary Public RESOLUTIONS This Power of Atto ie;gi4mtad apd,iaielgnedt sealed and no d with,faoamulo signatures and wale under authority of the fallo1 the respective Boards od IArsotors of eaoh of the Compemea documents RESOLVE] and current seal of the i force and e phomsopyh i ] I. the undersigned. As hereby certify that the respective Boards of n IN WITNESS WHM I' To verify the the above new WTS That Imi Ion duly creams a of Taxes, (ooll 1� f �,ADI.L1t1t�SR ]with phthontyjt end airy related u Compazdee he retery `' k Norma Pork he within inn Von bebalf i I it=the President, tin Exoaudva or 1; or yloe President of the Company, together with the Secretary yy auto execute Powers of Attorney appondmg the penson(s) named as Atiomey(s)-m-Faot to belibl 04 the Company, fidelity a'ttd aluetypbonds, undertakings, and odter similar contracts of surety9w I� totlae if ataiatilly affixed The foosame a` Rant secretary of bismance Campany of t regomg Power of Attorney, is m full force iators of the Companies, end a }ftd 18�Iluwelaetmyhmddue} r � I ' a tlhpking the appomtment, and the ehgneturs of any officer can leemations of those signatures, and the signature and awl of ah� hnielsignaturep and wale, and such faosimhle representations at roeentations refuted to herein MAY be affixed by stamping, Pr I resolutions adopted by r any Assistant , execute, sign, and any related ire the validity notary, and the I have the write ring, typmg, or CERTIFICATE West, Explorer Insurance Company, and Independence Casualty and Surety Company, do I etfeot, st6bas not been revoked, and that the above resolutions were duly adopted by the of iree �%J�K/% DD John H Craig, Assistant Secretary 0 $88.1111 and ask for the Surety Division Please refer to thePowerof Attorney Number era attached I I i E i f{ { I l r i ' I I� i I IMPORTANT NOTICE To obtain information or make a complaint You may call the company's toll -free telephone number for information or to make a complaint at 1-800-894-8890 You may write the Texas Department of Insurance P O Box 149104 Austin, TX 78714-9104 FAX # (512) 475-1771 PREMIUM OR CLAIM DISPUTES Should you have a dispute concerning your premium or about a claim you should contact the agent or the company first If the dispute is not resolved, you may contact the Texas Department of Insurance ATTACH THIS NOTICE TO YOUR POLICY This notice is for information only and does not become a part or condition of the attached document Prescribed by the State Board of Insurance Effwtive May I, 1992 AVISO IMPORTANTE Para obtener mformacion o Para someter una queja Usted puede Ilamar al numbero de telefono gratis de la companla Para utfonnacion o Para someter una queja al Puede comumcarse con el Departamento de Seguros de P O Box 149104 Austin, TX 78714-9104 FAX # (512) 475-1771 DISPUTES SOBRE PRIMAS O RECLAMOS Si tiene una disputa concermente a su prima o a Lin reclamo, debe comumcarse con el agente or la companta prlmero Si no se resuelve la disputa, puede entom.es comumcarse con el Departamento de Seguros de T exas UNA ESTE AVISO A SU POLIZA Este aviso es solo Para proposito de informacion y no se convierte en parte o condicion del docurrento adjunto Ordenado por el consejo Estatal de Directures de Seguros, Eflectivo el I de Mayo 1991 CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Bidder's attention is directed to the insurance requirements below It is highly recommended that bidders confer with their respective insurance carriers or brokers to determine in advance of Bid submission the availability of insurance certificates and endorsements as prescribed and provided herein. If an apparent low bidder fails to comply strictly with the insurance requirements, that bidder maybe disqualified from award of the contract Upon bid award, all insurance requirements shall become contractual obligations, which the successful bidder shall have a duty to maintain throughout the course of this contract STANDARD PROVISIONS: Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted work has been completed and accepted by the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter As soon as practicable after notification of bid award, Contractor shall file with the Purchasing Department satisfactory certificates of insurance, containing the bid number and title of the project Contractor may, upon written request to the Purchasing Department, ask for clarification of any insurance requirements at any time, however, Contractors are strongly advised to make such requests prior to bid opening, since the insurance requirements may not be modified or waived after bid opening unless a written exception has been submitted with the bid Contractor shall not commence any work or deliver any material until he or she receives notification that the contract has been accepted, approved, and signed by the City of Denton All insurance policies proposed or obtained in satisfaction of these requirements shall comply with the following general specifications, and shall be maintained in compliance with these general specifications throughout the duration of the Contract, or longer, if so noted Each policy shall be issued by a company authorized to do business in the State of Texas with an A M Best Company rating of at least A Any deductibles or self -insured retentions shall be declared in the bid proposal If requested by the City, the insurer shall reduce or elirmnate such deductibles or self -insured retentions with respect to the City, its officials, agents, employees and volunteers, or, the contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses Liability policies shall be endorsed to provide the following •• Name as additional insured the City of Denton, its Officials, Agents, Employees and volunteers •• That such insurance is primary to any other insurance available to the additional insured with respect to claims covered under the policy and that this insurance applies separately to each insured against whom claim is made or suit is brought The inclusion of more than one insured shall not operate to increase the insurer's limit of liability • All policies shall be endorsed to read: "SAID POLICY SHALL NOT BE CANCELLED, NONRENEWED OR MATERIALLY CHANGE WITHOUT 30 DAYS ADVANCED WRITTEN NOTICE BEING GIVEN TO THE OWNER (CITY) EXCEPT WHEN THE POLICY IS BEING CANCELLED FOR NONPAYMENT OF PREMIUM IN WHICH CASE IO DAYS ADVANCE WRITTEN NOTICE IS REQUIRED" • Should any of the required insurance be provided under a claims -made form, Contractor shall maintain such coverage continuously throughout the term of this contract and, without lapse, for a period of three years beyond the contract expiration, such that occurrences arising during the contract term which give rise to claims made after expiration of the contract shall be covered • Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit providing for claims investigation or legal defense costs to be included in the general annual aggregate limit, the Contractor shall either double the occurrence limits or obtain Owners and Contractors Protective Liability Insurance • Should any required insurance lapse during the contract term, requests for payments originating after such lapse shall not be processed until the City receives satisfactory evidence of reinstated coverage as required by this contract, effective as of the lapse date If insurance is not reinstated, City may, at its sole option, terminate this agreement effective on the date of the lapse SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: All insurance policies proposed or obtained in satisfaction of this Contract shall additionally comply with the following marked specifications, and shall be maintained in compliance with these additional specifications throughout the duration of the Contract, or longer, if so noted [X] A General Liability Insurance General Liability insurance with combined single limits of not less than %500,000 shall be provided and maintained by the Contractor The policy shall be written on an occurrence basis either in a single policy or in a combination of underlying and umbrella or excess policies If the Commercial General Liability form (ISO Form CG 0001 current edition) is used • Coverage A shall include prermses, operations, products, and completed operations, independent contractors, contractual liability covering this contract and broad form property damage coverage • Coverage B shall include personal injury • Coverage C, medical payments, is not required If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) is used, it shall include at least • Bodily injury and Property Damage Liability for premises, operations, products and completed operations, independent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures • Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability [X] Automobile Liability Insurance - Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than V00,000 either in a single policy or in a combination of basic and umbrella or excess policies The policy will include bodily injury and property damage liability arising out of the operation, maintenance and use of all automobiles and mobile equipment used in conjunction with this contract Satisfaction of the above requirement shall be in the form of a policy endorsement for • any auto, or • all owned, hired and non -owned autos [X] Workers Compensation Insurance Contractor shall purchase and maintain Worker's Compensation insurance which, in addition to meeting the minimum statutory requirements for issuance of such insurance, has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 policy limit for occupational disease The City need not be named as an "Additional Insured" but the insurer shall agree to waive all rights of subrogation against the City, its officials, agents, employees and volunteers for any work performed for the City by the Named Insured For building or construction projects, the Contractor shall comply with the provisions of Attachment 1 in accordance with §406 096 of the Texas Labor Code and rule 28TAC 110 I10 of the Texas Worker's Compensation Commission (TWCC) [ ] Owner's and Contractor's Protective Liability Insurance The Contractor shall obtain, pay for and maintain at all times during the prosecution of the work under this contract, an Owner's and Contractor's Protective Liability insurance policy naming the City as insured for property damage and bodily injury which may anse in the prosecution of the work or Contractor's operations under this contract Coverage shall be on an "occurrence" basis, and the policy shall be issued by the same insurance company that cames the Contractor's liability insurance Policy limits will be at least combined bodily injury and property damage per occurrence with a aggregate [ ] Fire Damage Legal Liability Insurance Coverage is required if Broad form General Liability is not provided or is unavailable to the contractor or if a contractor leases or rents a portion of a City building Limits of not less than each occurrence are required [] Professional Liability Insurance Professional liability insurance with lirriits not less than per claim with respect to negligent acts, errors or omissions in connection with professional services is required under this Agreement [ ] Builders' Risk Insurance Builders' Risk Insurance, on an All -Risk form for 100% of the completed value shall be provided Such policy shall include as "Named Insured" the City of Denton and all subcontractors as their interests may appear [ ] Additional Insurance Other insurance may be required on an individual basis for extra hazardous contracts and specific service agreements If such additional insurance is required for a specific contract, that requirement will be described in the "Specific Conditions" of the contract specifications ATTACHMENT 1 [XI Worker's Compensation Coverage for Building or Construction Projects for Governmental Entities A Definitions Certificate of coverage ("certificate") -A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity Persons providing services on the project ("subcontractor" in §406 096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner -operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets B The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any overage agreements, which meets the statutory requirements of Texas Labor Code, Section 401 011(44) for all employees of the Contractor providing services on the project, for the duration of the project C The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract D If the coverage perod shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended E The contractor shall obtain from each person providing services on a project, and provide to the governmental entity (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project, and (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project F The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter G The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project H The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage The contractor shall contractually require each person with whom it contracts to provide services on a project, to (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401011(44) for all of its employees providing services on the project, for the duration of the project, (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project, (3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project, (4) obtain from each other person with whom it contracts, and provide to the contractor (a) a certificate of coverage, prior to the other person beginning work on the project, and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project, (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter, (6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project, and (7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the commission's Division of Self -Insurance Regulation Providing false or misleading information may subject the contractor to administrative penalties, cnminal penalties, civil penalties, or other civil actions K The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity Bid 2630- Neighborhood Parks and Playground Project - CONTRACT, Bonds & INS 3-2001 SECTION 00300 - PROPOSAL(BID) FORM Time- 2 p m Date February 6, 2001 To Purchasing Agent City of Denton, Texas 901-13 Texas Street Denton, Texas 76201 Gentlemen The undersigned having examined the Contract Documents entitled Neighborhood Parks and Playgrounds Improvement Project Improvement Protect Bid # 2630 And having visited the sites of the proposed construction, the local conditions affecting the cost of the work, and with hereby proposes to furnish all supervision, labor, materials and to do all work within all of the parks in accordance thereto for the stipulated sum of Two hunGlraQ !%Akn 4 hund.rad Total Total Materials Incorporated into the Project Total Labor.Supervision and Materials Not Incorporated into the Protect` 'Sum of these two lines equal Total Base Bid for all Parks INDIVIDUAL PARK BASE BIDS and having familiarized himself with all addenda to the said documents, equipment, tools, and accessories with said documents and addenda ($2S, t�&4 58 $ 16411 1U 1,52- The undersigned bidder having examined the contract documents for each individual park and having visited each individual site of the proposed construction and having familiarized himself with the local conditions of each site affecting the cost of work and with all addenda to the said documents, hereby proposes to furnish all supervision, labor, materials, equipment, tools and accessories and to do all work in each individual park site in accordance with said documents and addenda for the stipulated sum delineated below The City's intent is not to issue a separate contract for each park but to issue one contract for all parks to be constructed The City may use the following stipulated cost for each park to eliminate one or more of the parks entirely from the contract to ensure that the project is within budget 00300-1 r,N-rline, 4hq&O.,r?A #-r4t/ - Avondale Park Cost _Qj of Ij 44 Goa #s Dollars ($sq. 006, b0 Total Materials Incorporated into the Protect Total Labor, Supervision and Materials Not Incorporated into the Protect* $ 490 2343. 04 *Sum of these two lines equal Total Base Bid for Avondale Park Thfray-ork -l�tn nvl rsc. Bowling Green Park Cost l Uid r °�21Yh/ _411I0 Dollars ( 33S.0p Total Materials Incorporated into the Protect Total Labor, Supervision and Materials Not Incorporated into the Protect* $ 2_e g. 2S $ q i SS 3.r7S- *Sum of these two lines equal Total Base Bid for Bowling Green Park +�.1`k�.�n-F/+t�t�.sartGL..eagZ�- hund,renl A�x� y_ Evers Park Cost AUn � -dUr4U :�i1r (AA- S Dollars Total Materials Incoroorated into the Protect br7. I Total Labor, Supervision and Materials Not Incorporated into the Protect* *Sum of these two Imes equal Total Base Bid for Evers Park .SavOwi gh&&rGL SAut,hul?tlxd Mack Park - South Cost 6 0 -DI 4 4, , njV#jjhan LAA.%S Dollars ($ I I r7 Total Materials Incorporated into the Protect Total Labor, Supervision and Materials Not Incorporated into the Protect* $ )3,?Jq,13 *Sum of these two lines equal Total Base Bid for Mack Park - South Af(4y -N7 Q .1601tr hw-Ar l ou"Jil - Mack Park -North Cost a1L 3 /arPtl - /v da, cktJ-s Dollars ($3p ili Total Materials Incorporated into the Protect Total Labor. Supervision and Materials Not Incorporated into the Protect* *Sum of these two lines equal Total Base Bid for Mack Park - North I.- ,* XW* XWW XanW.l„ ,>....OX ,o.Im,Xo .e„ .—I,W 00300-2 f I"- i ua .I„ind l�lrw hwldrtd Milam Park Cost GQl.y-5 Dollars ($$,5,,_3�0,�21 Total Materials Incorporated into the Proiect $ ` / 25'5 62— Total Labor. Supervision and Materials Not Incorporated into the Proiect* *Sum of these two lines equal Total Base Bid for Milam Park ALTERNATES Alternate #1 - - Add — Furnish and install GameTime's KidTime 'Toddler Four' play equipment in the playground located as delineated in Section 01100 and on Sheet SL-4 vP. wrftlKBand 12tru— �'Lttrd-i4.d O.EVy/'"�7q n L nl.- , 1i.... L., I, - ,.. 1r I - 1 0)l Total Materials Incorporated into the Proiect Total Labor, Supervision and Materials Not Incorporated into the Proiect$ s9,� Alternate #2 - - Add — Construct 8' wide concrete hike and bike trail from Bowling Green Street to connect to the existing North Lakes Park Trail north of Windsor Drive as delineated in Section 01100 and shown qn Sheet SL-6 TwaJq --I hr, ,-fift/ and ,Cl YMJuald &-d i jjty - r7 6wz, Dollars($ Z�� Total Alternate Total Materials Incorporated into the Proiect Total Labor, Supervision and Materials Not Incorporated into the Proiect$ S q3 (7 f7J— xs....pau.. a ow.a..n..wrcpe.xoowaenm�m.an*..o. q.yoro•��mmo...m. e... wi..n aoo 00300-3 UNIT PRICES The undersigned agrees that the following unit prices will apply to adjust quantities of materials indicated on drawings Prices are for materials furnished and installed It is further agreed that the quantities of work to be done at unit prices and material to be furnished may be increased or diminished, as may be considered necessary in the opinion of the Owner's Representative, and that all quantities of work, whether increased or decreased, are to be performed at the unit prices set forth below except as provided for in the specifications All unit prices are for addition or deletion PAVING COMPONENTS (FURNISH & INSTALL) 6" reinforced concrete paving 6" standard curb & gutter 5" reinforced trail, 8' wide 5" reinforced concrete flatwork 8" SCH 40 PVC swale crossing Saw -Cut and remove existing Trail Pavement Curb Ramp OD Dollars per S F % l00 Dollars per L F ZZ on Dollars per L F L 25- Dollars per S F 31B. (D3 Dollars per L F 30 6b Dollars per S F 20 6D Dollars each TURF COMPONENTS (FURNISH AND INSTALL) Drili Seeded Bermuda grass 14 Dollars per S F Hydrocast Seeded Bermuda grass 0$ Dollars per S F Hydromulched Bermuda grass 10 Dollars per S F EROSION CONTROL (FURNISH AND INSTALL) Siltation Fabric Barrier — Perimeter Siltation Fabric Barrier — Swale Stabilized Construction Entrance/Exit Staked Erosion Control Matting Staked Common Bermuda Solid Sod Dollars per L F Z.1 S Dollars per L F 11SO 00 Dollars each Jr !V Dollars per S Y 3 Sri Dollars per S Y PLAYGROUND COMPONENTS (FURNISH AND INSTALL) Playground border 2` OD Dollars per L F Playground border integral w/walkway Dollars per L F �wn.�.wo�ew aww.wgwnwwpw.menwme�Ww..e r.m..e 0".. wonwm.m ow 00300-4 Playground Access Ramp %0' to Dollars per 4fP ecxd) MISCELLANEOUS (FURNISH AND INSTALL) RT Triple Drinking Fountain w/8' x 12' Concrete Pad .510 nl `t , LPG Dollars per each Import and Place off -site Sod lZ 0,0 Dollars per C Y Accessible Parking Space — Sheet SL-3 2.1 (Sa u/7 Dollars per each 4' Ht Vinyl Coated Fence w/Mow Edge 3543 Dollars per L F 8" SCH 40 PVC Dram Pipe ollars per L F North of McKinney Street Under Mack Park Playground Bench with Concrete Pad 7rJ OD Dollars per each ADDENDA Acknowledge receipt of the following addenda which are placing Addendum #, IPnte issued and initialing Addendum No / &""/ ZA/Zdendum No Addendum No Addendum No part of the Bidding Documents by The undersigned bidder hereby declares that he has visited the site of the work and has carefully examined the Contract Documents pertaining to the work covered by the above bid, and he further agrees to commence work within ten(10) days after date of written notice to proceed and to substantially complete the work on which he has bid within zza Consecutive calendar days subject to such extensions of time allowed by specifications The undersigned bidder agrees that his bid shall be good and may not be withdrawn for a period of 60 calendar days after the scheduled closing time for receiving bids The undersigned bidder understands that the Owner reserves the right to reject any or all bids and to waive any informalities in the bidding .s q. Cnwerywm..E0.1w ..' ine. 00300-5 BID GUARANTY Enclosed with this Bid is a Certified Check for Dollars or a Bid Bond in the sum of which it is agreed shall be collected and retained by the Owner as liquidated damages in the event this Bid is accepted by the Owner within 60 days after the bids are received and the undersigned fads to executed the Contract and the required Bonds with the said Owner within ten (10) days after the date said Bid is accepted otherwise said check or bond shall be returned to the undersigned upon demand PL/3 0 ,rb S'pQjg Contr t (firm name bAJ/D le-�H-Or+�s�4,✓ (If corporation, attest and affix Authorized SigMature a Corporate Seal) Title Address / S-S% 44A? KSit7�— City, State, Zip Code .l & aJ/ S !J/Gc,F, %X 2 s-Z7 71 Telephone _ _ 51O Zc?'V_ Z 6 9 9 *If Bidder is a Corporation (End of Section) -- mod.. a.**.0��. * . _..a M.—,,_ 00300-6 FEB 02 01 (FRI) 11 10 CITY OF DENTON PURCHASING 940 949 7902 PACE 9/7 Addendum # 1 Please see the attached changes to Bid 2630. At this time no other changes This form should be signed and returned with your bid Name Signature Company Title Date FES 02 01 (FRI) 11 10 CITY OF DENTON PURCHASING 940 349 7302 PACE 4/7 February 2, 2001 Neighborhood Nark and Playground Project ; Bid Number 2630 0e41011, Texas l ) To All Gontreet Biddere I From, Dunkin Slurs Stof fists, Im. i f1803 White Rock Trail, Suite 210 Dales, Texas 75238 Acknowledge receipt of this Addendum by Including it with the submitted Proposal Oorm and noting We receipt In the spares provldad in the Proposal Form Failure to do so Fney, subject bidder to disqualification This Addendum forme a pen of the Cor#sct Documents and modifies, amends, deletes andfor adds to the drawings end "act Manuel as licift e: , Item till- prinking fountains ' The specified drinking fountains from "J and J Fountains" model RT triple 1111811 haw powder cost primer with dark green powder coat paint, , Ram 82 - Park Oanahas Park benohas noted for Installation shell be "ONeraMled Metal Fabricators" model 668100, 8 foot heavy duty in -ground mount, 2444 OD galvanized frame with litark powder cot paint, and vinyl coated expanded metal most and backs , Rom 03 - Playground Drainaps hi Surfacing I The best bid surfacing for the playgrounds within all parks shall Us onglnebred wood fiber provided by the City and placed by the Contractor as stipulated In the plans: however, the base bid drainage elements shall be AdvonEDOE panel pipe with Yfltor sock as manufactured by Advanced Drainage Systems Ina (Contest Wieldnsm Supply: Carrolton, To= (872) 408"1000) and the filter fabric shop be Trevira Spuntitund M119y Pa rvb , Otaa WhNs Rook TMII suitealo Doaso, Tuns 75239 21A.653.a7l78 1 FES 02 0, (FRI) 11 1l CITY OF DENTON PURCHASING 940 349 7502 PACE 5/7 will v4 - Fiber Playground gs" Surface — ALTERNATE 03 Deduct or Add Mtemata N3, change base bid Wood Ftbor cushion with 4reln system stipulated In Item #3 of this addendum to Fiber System 312 Install, 12' compacted depth of Fiber suppMad by the City of Denton Fwnlsh mild installPtbsirfek and Fibardraln In Neu of drainage system stipulated in Item 03 of this addendum The Bidder shall complete the revised proposal form (sheet 003oD-30k) etbched in t XMlai r IN Failure to complete the revised proposal form and submit It with the bid pac"ge shall be grounds for disqual floedon of the bid, i Hein *0 — Playground Befety mate — ALTERNATE Na Add Akornato 04, fumich and Install eight (B) safety meta under bak awiJ001 at Avondale, Mack, and MNem parks SWW male shall be GameTime GT-X Suno 0- Syaism Rubber Met, The Bidder shalt complete the revised proposal form ($heet 0- 3A) aftached as EXHBIT 9N. Failure to complete the revised propceai form and eit with the bid package shall be grounds for dlequelification of the bid Item 04 - Add powersaipe Swin0 *cm Game Time to Mllarn Park Playground i See s@ached EXHIBITS for layout of PowerscW swing from Game me within the Mllam Park playground. Furnish and install powerscape awing, and addit onal border, sw%eing, drainage, earthwork, eke, for this addition The costs for addln the additional awing shell be Included In the total base bid and the Milani Park ease Bid , w contractor i �n nA By I 1 i FEB 02 01 (FR1) 11 It C17V OF ❑ENTON FURCHABINO 940 349 7$02 FACE 6/7 i 1 EXHIBIT 'A' Addendum 01 NEIGHBORHOOD PARKS AND PLAYGROUND IMPROVEMENIr5 Bid # 2630 I Denton, Texas ADDITIONAL ALTERNATES Aitarnats I0:.11• Add or Deduct (OrCle Una) - Fiber System 312 Playground CU$hlo ng- Furnish and install Fibardmin and flbarfek and place 12" depth of Fiber Wood cu Ion material in lieu of the playground and cushioning system delineated in Item 03 ofthis addendum Alternate #3 shall Indude this adlustmsnt within all of the new playgroInds and the expanded portions of the modftled playgrounds The expanded drainage sy4,®m shall connect to the existing drainage systems within the playgrounds ; sc a ;, l , : ,•.•.r e • u � � - ' i• .:.•: • • Total Labor. Supervision & Materiels not Incoroorated Into the Protect a • The sum of these two lines equals the Total Alternate 03 Cost Albmab 114-Add- CiT X SuNaoMg System Rubber Mats - ( Furnish and Mwtall (right (8) Game Time GT•X rubber mats under the proposed swings as delineated within Item 06 of this addendum 1n I Oi /,(i _Dollars(S�` �� L1 TONI APosm '1. ✓ l ' 1 .1 --1 .' 1r , ` Li` a•.lc 1. 1 - -1' M • The sum or these two lines equals the Total Alternate "Coot 00+2A 1� INBURERs AFFORDING COVERAGE THIN PO41CBlBOF ANY RHA3BiEMglT, MAY PBATAIN TMB PCIANB, AOr WA4 OR ORONO 000i1O BEIOri HAVE BEEN ISBUHD lO INC NBURBD NaA1R0 AEOY! POI(THE POUOY PERIOD INDICATED NOTWRHEYANDSIG WON OF ANY OONTIV= ON WHOM DOCUMENT WIRi REBPEOT 70 VMCH THIS OWMATE MAY ON NOWED OR BY TH! POLI01@B HRREN K SUBJECT TO Ml THE Y&VA, EXCLUBIONB AND CONDITIONS OF OUCH MAY HAVE BFBi REDUOEDBYPMOOWA& in Tymat POLNfY NUMSlR 06/30/00 06/30/01 UMITS A Of KPALwSI COMMEROI OLNMS Oms BN LVIBLITY AD OCCUR ID5078401 EACHOCCURRBNCB $1,000,000 PIRO OAMAIIIS ono IYo MEOE7IPAn" cn 000 PCRSON1L f ADVINJURY $1,000,900 3ENERALAGGRBOA•8 $2.0oo.000 aBNL ApaRBaA1B MRAPKIHEPEPY POLIGY Lac PROOVOTE.DOMP/DPAG $2 000 000 A v-0mosim X uAIRuvv ANYAUTO ALL OWNED AUTOS BOHSDUI.EOAUTOS NIREDAUTOO NON OWNBD�IAVTOE 1E50784 06/30/00 06/30/01 OQMBI.na NO 0 WNOLE LIMIT (Ea o +1 000 000 ieoPILYI WRY II V' X _ BODILYINJVRY (PrraooloAnO f X pMDPEM�DAMAGB �^ + BB wBIL11Y ANYAUTO AUTOONLY CAACCIDC OTHERTHAN EAACO AUTO ONLY AGO f A mmeswBIUTY X ODOUR DOLAMSMADE ObOVOTIOLKi RETENTION i s10002 IJ5078401 06/30/00 06/30/01 SACHOOOLIRRENOB 114,000,000 AGGRIGAIK 0.000,000 } A WORNER000M NWTIONAND EMPLGVERIw ILITY 115078401 06/30/00 06/30/01 X EI CAOH AOCIO NT 1f5OOr OOO AEE CACMPLOYe 11500,000 _ EL DISEASE PG I 00 1 000 OTHER DEWRIPRONOPOPE PION&1A0A710NB/VBHNiIl91BNOWBIONSApDBO BYBNDORSEMINTIePEDML PROVI&oNs City of De ton, its Officials, Agenta, Employees & Volunteers are named as an additio al insured on the liability policies of the named insured, but only with aspect to and to the extent of the liabilities assumed by the insured un or this contract agreement And that such insurance is primary (See Attac ed Descriptions) City of De ton its Offici ls, Agontsr Employees & Attn. Purc asing Dept. 321 E. KICKnney Street Denton, TX 76201 of 3 DWOVoC ITS HOLOBRNAA60TCTHE LW% EVTPALURB TODOSDSHALL UOATION GREW IUTYOPANYNNO UPON THB INBVRBRITSAWNTSOR VDH flee �K��'�iti iyy n�' a io awed or materially changed ing'given to the owner (City) for nonpayment of premium in is required.