HomeMy WebLinkAbout1999-003ORDINANCE NO 9j-DD3
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS
CONTRACT FOR PARK IMPROVEMENTS AT BOWLING GREEN, CIVIC CENTER AND
NETTE SCHULTZ PARKS, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR,
AND PROVIDING AN EFFECTIVE DATE (BID # 2317-PARK IMPROVEMENTS AWARDED
TO PLAYGROUND SPECIALIST, INC IN THE AMOUNT OF $155,739)
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
2317 PLAYGROUND SPECIALIST, INC $155,739
SECTION II That the acceptance and approval of the above competitive bids shall not
constitute a contract between the City and the person submitting the bid for construction of such
public works or improvements herein accepted and approved, until such person shall comply with
all requirements specified in the Notice to Bidders including the timely execution of a written
contract and furnishing of performance and payment bonds, and insurance certificate after
notification of the award of the bid
SECTION III That the City Manager is hereby authorized to execute all necessary written
contracts for the performance of the construction of the public works or improvements in accordance
with the bids accepted and approved herein, provided that such contracts are made in accordance
with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms,
conditions, plans and specifications, standards, quantities and specified sums contained therein
SECTION IV That upon acceptance and approval of the above competitive bids and the
execution of contracts for the public works and improvements as authorized herein, the City Council
hereby authorizes the expenditure of funds in the manner and in the amount as specified in such
approved bids and authorized contracts executed pursuant thereto
SECTION V That this ordinance shall become effective immediately upon its passage and
approval
PASSED AND APPROVED this the ,h fh day of 1999
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
2317 PARK IMPROVEMENTS CONTRACT ORDINANCE
ATTACHMENT #1
TABULATION SHEET
BID #
BID NAME
DATE
2317
PARK IMPROVEMENT AT BOWLING
GREEN, CIVIC CENTER, NETTE
SCHULTZ PARKS
15-Dec-98
RANDALL
& BLAKE
PITTMAN
INTREPID
CONST
J G
BUILDERS
PLAYGROUND
SPECIALIST
TOTAL BID AMOUNT
$151,978 00
$135,501 00
$221,058 64
$121,868 95
$128,725 00
1
8' Wide Concrete Trails
$13,314 00
$8,400 00
$16,636 00
$10,488 00
$8,100 00
2
Sawcuts and Curb Patch
$425 00
$3,000 00
$2,960 00
$2,242 50
$1,500 00
3
Access Ramps & Temp
$550 00
$1,500 00
$1,875 00
$2,152 80
$1,080 00
Paving at Bowling Green Park
4
Playground Safety Surfacing
$29,046 00
$38,333 00
$50,148 00
$57,465 95
$23,074 00
5
Access Ramps Civic Center Park,
$1,025 00
$2,100 00
$1,780 00
$1,242 00
$1,360 00
Netts Schult Park
3
CONTRACT AGREEMENT
STATE OF TEXAS
COUNTY OF DENTON
THIS AGREEMENT, made and entered into this 5 day of JANUARY 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
PLAYGROUND SPECIALISTS, INC.
1558 PARKSIDE TR.
LEWISVILLE, TX 75067
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
BID N 2317 — PARK IMPROVEMENTS AT BOWLING GREEN, CIVIC CENTER AND
NETTE'SCHULTZ PARKS
in the amount of $155,739 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 f irmsh all materials, supplies, machinery, equipment, tools, superintendence,
labor, insurance, and other accessories and services necessary to complete the work specified
above, in accordance with the conditions and prices stated in the Proposal attached hereto, and
in accordance with all the General Conditions of the Agreement, the Special Conditions, the
Notice to Bidders (Advertisement for Bids), Instructions to Bidders, and the Performance and
Payment Bonds, all attached hereto, and in
CA-1
accordance with the plans, which includes all traps, plats, blueprints, and other drawings and
printed or written explanatory matter thereof, and the Specifications therefore, as prepared by
SCMUCKEL, ROLLINS AND ASSOCIATES, INC
all of which are made a part hereof and collectively evidence and constitute the entire contract
Independent Status
It is mutually understood and agreed by and between City and Contractor that
Contractor is an independent contractor and shall not be deemed to be or considered an
employee of the City of Denton, Texas, for the purposes of income tax, withholding, social
security taxes, vacation or sick leave benefits, worker's compensation, or any other City
employee benefit City shall not have supervision and control of Contractor or any employee
of Contractor, and it is expressly understood that Contractor shall perform the services
hereunder according to the attached specifications at the general direction of the City Manager
of the City of Denton, Texas, or his designee under this agreement
Indemnification
Contractor shall and does hereby agree to indemnify and hold harmless the City of
Denton from any and all damages, loss, or liability of any kind whatsoever, by reason of injury
to property or third persons occasioned by any error, omission or negligent act of Contractor,
its officers, agents, employees, invitees, and other persons for whom it is legally liable, with
regard to the performance of this Agreement, and Contractor will, at its cost and expense,
defend and protect the City of Denton against any and all such claims and demands
Choice of Law and Venue
This agreement shall be governed by the law of the State of Texas and venue for its
construction and enforcement shall lie in the courts of Denton County, Texas
The CONTRACTOR hereby agrees to commence work on or after the date established
for the start of work as set forth in written notice to commence work and complete all work
within the time stated in the Proposal, subject to such extensions of time as are provided by the
General and Special Conditions
The OWNER agrees to pay the CONTRACTOR in current funds the price or prices
shown in the Proposal, which forms a part of this contract, such payments to be subject to the
General and Special Conditions of the Contract
CA-2
IN WITNESS WHEREOF, the parties bf these presents have executed this agreement
in the year and day first above written.
A'
1.&lei. A)11.5t7w
APPROVED AS TO FORM
CA-3
(SEAL)
PLAYGROUND SP/EC�IALISTS INC
X
1558 Parkside Tr
Lewisville, TX 75067
MAILING ADDRESS
(972)221-1936
PHONE NUMBER
(940)241-1331
FAX NUMBER
BY President
TITLE
David K. Thomsen
PRINTED NAME
(SEAL)
PERFORMANCE BOND
BOND NO. 1341642
STATE OF TEXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS That PLAYGROUND SPECIALISTS,
INC., whose address is 1558 PARKSIDE TR., LEWISVILLE, TX 75067, hereinafter called
Principal, and AMWEST SURETY INSURANCE COMPANY , a corporation organized and
existing under the laws of the State of TEXAS, and fully authorized to transact business in the
State of Texas, as Surety, are held and firmly bound unto the City of Denton, a municipal
corporation organized and existing under the laws of the State of Texas, hereinafter called
Owner, in the penal sum of ONE HUNDRED FIFTY FIVE THOUSAND SEVEN
HUNDRED THIRTY NINE and no/100 DOLLARS ($155,739) plus ten percent of the stated
penal sum as an additional sum of money representing additional court expenses, attorneys'
fees, and liquidated damages arising out of or connected with the below identified Contract, in
lawful money of the United States, to be paid in Denton County, Texas, for the payment of
which sum well and truly to be made, we hereby bind ourselves, our heirs, executors,
administrators, successors, and assigns, jointly and severally, firmly by these presents This
Bond shall automatically be increased by the amount of any Change Order or Supplemental
Agreement which increases the Contract price, but in no event shall a Change Order or
Supplemental Agreement which reduces the Contract price decrease the penal sum of this
Bond
THE OBLIGATION TO PAY SAME is conditioned as follows Whereas, the Principal
entered into a certain Contract, identified by Ordinance Number 99-003, with the City of
Denton, the Owner, dated the 5 day of JANUARY A.D. 1999, a copy of which is hereto
attached and made a part hereof, for BID H 2317 — PARK IMPROVEMENTS AT
BOWLING GREEN, CIVIC CENTER AND NETTE SCHULTZ PARKS.
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
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 5 day of JANUARY 1999.
ATTEST
I-rd
SECRETARY
PRINCIPAL
PLAYGROUN PECIALISTS, INC
BY PRESIDENT, DAVID K. THOMSEN
A g=n SURETY
WITNESS AS TO SURETY
BY Li�` �y' AMWEST S RF Y INSURANCE COMPANY
Htl}CT]. K[[{t(� 5BY
A TORNEY T, NiFML A KLUTTS
The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service
of the process is
NAME RAMEY & KING INSURANCE ASSOCIATES, INC
STREET ADDRESS 830 S I-35E, SUITE A, DENTON, TX 76205-7829
(NOTE Date of Performance Bond must be date of Contract !f Resident Agent is not a
corporation, give a person Is name)
PAYMENT BOND
BOND NO 1341642
STATE OF TEXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS That PLAYGROUND SPECIALISTS,
INC., whose address is 1558 PARKSIDE TR., LEWISVILLE, TX 75067, hereinafter called
Principal, and AMWEST SURETY INSURANCE COMPANY , a corporation organized and
existing under the laws of the State of TEXAS, and fully authorized to transact business in the
State of Texas, as Surety, are held and firmly bound unto the City of Denton, a municipal
corporation organized and existing under the laws of the State of Texas, hereinafter called
Owner, and unto all persons, firms, and corporations who may furnish materials for, or
perform labor upon, the building or improvements hereinafter referred to, in the penal sum of
ONE HUNDRED FIFTY FIVE THOUSAND SEVEN HUNDRED THIRTY NINE and
no/100 DOLLARS ($155,739) in lawful money of the United States, to be paid in Denton,
County, Texas, for the payment of which sum well and truly to be made, we hereby bind
ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally,
firmly by these presents This Bond shall automatically be increased by the amount of any
Change Order or Supplemental Agreement which increases the Contract price, but in no event
shall a Change Order or Supplemental Agreement which reduces the Contract price decrease
the penal sum of this Bond
THE OBLIGATION TO PAY SAME is conditioned as follows Whereas, the Principal
entered into a certain Contract, identified by Ordinance Number 99-003, with the City of
Denton, the Owner, dated the 5 day of JANUARY A.D. 1999, a copy of which is hereto
attached and made a part hereof, for BID N 2317 - PARKS IMPROVEMENTS AT
BOWLING GREEN, CIVIC CENTER AND NETTE SCHULTZ PARKS.
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
1�
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 5 day of JANUARY 1999.
ATTEST
SECRETARY
PRINCIPAL
PLAYGROY4 SPECCIIAALLISTS, INC
BY
PRESIDENT, DAVID K THOMSEN
XA TMM SURETY
WITNESS AS TO SURETY
AMWEST SUREAY INSURANCE COMPANY
BY 043dL -71 YU&— //
CYNTH A N KLUTTS BY
ATTORNEY N-FACT; L A KLUTTS
The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service
of the process is
NAME RAMEY & KING INSURANCE ASSOCIATES INC
STREET ADDRESS 830 S I-35E, SUITE A, DENTON, TX 76205-7829
(NOTE Date of Payment Bond must be date of Contract If Resident Agent is not a
corporation, give a person Is name )
2317 CONTRACT & BONDS
FOW
,x iratronDate 0 03/00 ----- -
This document is printed on white paper containing the artificial watermarked logo (A ) of Amwest Surety Insurance Company on the front and brown security paper
on the back Only unaltered ongreals of the Limited Power of Attorney CPOA') are valid This POA may not be used in conjunction with any other POA No
representations or warranties regarding this POA may be made by any person This POA is governed by the laws of the State of Nebraska and is only valid until the
expiration date Amwest Surety Insurance Company (the 'Company") shall not be liable on any limited PDA which is fraudulently produced forged or otherwise
distributed without the permission of the Company Any party concerned about the validity of this PDA or an accompanying Company bond should call your local Amwest
branch office at folln, CA
KNOW ALL BY THESE PRESENT, that Amwest Surety Insurance Company, a Nebraska corporation does hereby make constitute and appoint
John A Miller
Sheryl A Klutts
John A Miller, II
K R Harvey
As Employees of JOHN A MILLER
its true and lawful Attorney in -fact, with limited power and authonty for and on behalf of the Company as surety to execute deliver and affix the seal of the company thereto
if a seal is required on bonds undertakings, recognizances, reinsurance agreement for a Miller Act or other performance bond or other written obligations in the nature thereof
as follows
Bid Bonds up to $1,000,000 00
Contract Bonds up to $2,500,000 00
License and Permit Bonds up to $100,000 00
Miscellaneous Bonds Up To $250,000 00
Small Business Admistration Bonds up to $1,250,000 00
and to bind the company thereby This appointment is made under and by authority of the By Laws of the Company which are now in full force and effect
1, the undersigned secretary of Amwest Surety Insurance Company, a Nebraska corporation DO HEREBY CERTIFY that this Power of Attorney remains in full force and
effect and has not been revoked and furthermore that the resoluhons of the Board of Directors of Amwest Surety Insurance Company set forth on this Power of Attorney and
that the relevant provisions of the By -Laws of each company are now in full force and effect
e
LJ
Bond No /3y/lo �%a2 Signed & sealed thts�J l
day of 19 —�
Karen G Cohen Secretary
«+*«**++* * «+«* *++ RESOLUTIONS OF THE ARD OF DIRECTORS * * ** *+* * «+«+*«+*++* «+* +**
This PDA is signed and sealed by facsimile under and by the authonty of the following resolutions adopted by the Board of Directors of Amwest Surety Insurance Company
at a meeting duly held on December 15, 1975
RESOLVED, that the President or any Vice President in conjunction with the Secretary or any Assistant Secretary may appoint attorneys in fact or agents with
authority as defined or limited in the mstmment evidencing the appointment in each case, for and on behalf of the Company, to execute and deliver and affix the seal of the
Company to bonds, undertakings, recognizances and suretyship obligations of all kinds and said officers may remove any such attorney in fact or agent and revoke any POA
previously granted to such person
RESOLVED FURTHER, that any bond, undertaking, recognizance, or suretyship obligation shall be valid and bind upon the Company
Q) when signed by the President or any Vice President and attested and sealed (if a seal be required) by any Secretary or Assistant Secretary or
(u) when signed by the President or any Vice President or Secretary or Assistant Secretary and countersigned and sealed (if a seal be required) by a duly
authorized attorney in fact or agent or
(ui) when duly executed and sealed (if a seal be required) by one or more attorneys in fact or agents pursuant to and within the limits of the authority
evidenced by the power of attorney issued by the Company to such person or persons
RESOLVED FURTHER, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any POA or certification thereof
authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company and such signature and seal when so used shall
have the same force and effect as though manually affixed
IN WITNESS WHEREOF Amwest Surety Insurance Company has caused these present to be signed by its proper officers and its corporate seals to be hereunto affixed this
12th day of December 1997 ^ 1 ��v�1 C ;r�,r/ • ,
John E Savage, Preside t T/SHJI '�`a^_v Karen G Cohen Secretary
State of California
County of Los Angeles
On December 12, 1991 before me, Peggy B Lofton Notary Public, personally appeared John E Savage and Karen G Cohen personally known to me (or proved to me
on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me all that he/she/they executed the
same in his/her/then authorized capacity(ies) and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted
executed the instrument 411
WITNESS my d and official seal PE6GY L LORCIN
y \N S U 9 , Notary plbb COMMCa_
sQ� GOptPOgq 9i1, 4 Signature (Seal) LoxAnOMNCovlh
J Z. ,lmb My Comm Explm1 Au06.i99
efA"' DEC14 �I 01 I
�r 1995 If O�
...A
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
972/503-6925
You may contact the Texas Department of Insurance to
obtain information on companies, coverages, rights or
complaints at
1.800-252.3439
You may write the Texas Department of Insurance
P.O. Box 149104
Austin, TX 78714.9104
FAX # (512) 475.1771
AVISO IMPORTANTE
Para obtener Information o pars someter una queJa
Listed puede Ilamar al numero de telefono gratis de la
companta para Informaclon o pare someter una queJa
972/503-6925
Puede comunicarse con of Departamento de Seguros c
Texas para obtener Informaclon acerca de companls,
coberturas, derechos o quejas al
1-800-252-3439
Puede escriblr of Departamento de Seguros de Texas
P 0 Box 149104
Austin, TX 78714 9104
FAX N (512) 475 1771
PREMIUM OR CLAIM DISPUTES: Should you have a DISPUTAS SOBRE PRIMAS 0 RECLAMOS' SI tie
dispute concerning your premium or about a claim you una disputa concerniento a su prima o a un reclan
should contact the agent or the company first If the debe comunicarse con of agente o la companla prime
dispute Is not resolved, you may contact the Texas SI no so resuelve la disputa, puede entonc
Department of Insurance comunlcarse con of Departamento do Seguros de Texa
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
Effeclrie May 1, 1992
UNA ESTE AVISO A SU POLIZA• Este oviso as V
para proposito de Informaclon y no se convlerte on pa
o condiclon del documento adlunto
Ordenado por of conselo Estatal de Dvectures
Seguros, Effectivo of 1 do Mayo 1992
CITY OF DENTON
INSURANCE REQUIREMENTS FOR CONTRACTORS
Bidder's attention is directed to the insurance requirements below. It is highly
recommended that bidders confer with their respective Insurance carriers or brokers
to determine in advance of Bid submission the availability of Insurance certificates and
endorsements as prescribed and provided herein. If an apparent low bidder fails to
comply strictly with the insurance requirements, that bidder may be disqualified from
award of the contract. Upon bid award, all Insurance requirements shall become
contractual obligations which the successful bidder shall have a duty to maintain
throughout the course of this contract.
STANDARD PROVISIONS:
Without limiting any of the other obligations or liabilities of the Contractor, the
Contractor shall provide and maintain until the contracted work has been completed
and accepted by the City of Denton, Owner, the minimum Insurance coverage as
Indicated hereinafter.
Purchasing Department satisfactory certificates of insurance,
As soon as practicable after notification of bid award, Contractor shall file with the
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 AM Best Company rating of at least A
• Any deductibles or self -insured retentions shall be declared in the bid
Proposal If requested by the City, the insurer shall reduce or eliminate
such deductibles or self -insured retentions with respect to the City, its
AAAW390
REVISED 10/12/94 Cl - 1
Insurance Requirements
Page 2
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 provide thirty(30) days prior written notice
of cancellation, non -renewal or reduction in coverage
• 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
AAA00350
REVISED 10112/9I Cl - 2
Insurance Requirements
Page 3
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:
AA. General Liability Insurance:
General Liability insurance with combined single limits of not less than
1.022D• 0 shall be provided and maintained by the contractor. The policy
shall be written on an occurrence basis either in a single policy or in a
combination of underlying and umbrella or excess policies.
If the Commercial General Liability form (ISO Form CG 0001 current
edition) Is used:
• Coverage A shall Include premises, operations, products, and
completed operations, Independent contractors, contractual liability
covering this contract and broad form property damage coverage.
• Coverage B shall Include personal Injury.
• Coverage C, medical payments, is not required.
If the Comprehensive General Liability form (ISO Form GL 0002 Current
Edition and ISO Form GL 0404) is used, it shall Include at least:
• Bodily Injury and Property Damage Liability for premises,
operations, products and completed operations, independent
contractors and property damage resulting from explosion, collapse
or underground (XCLI) exposures
• Broad form contractual liability (preferably by endorsement)
covering this contract, personal Injury liability and broad form
property damage liability.
AAA00350
REVISED 10112/94 Cl - 3
Insurance Requirements
Page 4
Automobile Liability Insurance:
Contractor shall provide Commercial Automobile Liability insurance with
Combined Single Limits (CSL) of not less than 5 . [bn 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:
e any auto, or
e all owned, hired and non -owned autos.
Workers Compensation Insurance
Contractor shall purchase and maintain Worker's Compensation msur9nce
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 1406.096 of the Texas Labor Code and rule 28TAC 110.110 of the Texas
Worker's Compensation Commission (TWCC).
I I Owner's and Contractor's Protective Liability Insurance
The Contractor shall obtain, pay for and maintain at all times during the
Prosecution of the work under this contract, an Owner's and Contractor's
Protective Liability Insurance policy naming the City as insured for property
damage and bodily injury which may arise in the prosecution of the work or
contractor's operations under this contract. Coverage shall be on an
AAAW360
aEVOW 10n2194 Cl - 4
Insurance Requirements
Page S
"occurrence" basis, and the policy shall be issued by the same insurance
company that carries the contractor's liability insurance. Policy limits will be
at least combined bodily injury and property damage per
occurrence with a aggregate.
I 1 Fire Damage Legal Llablgty 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
[ 1 Professional Liability Insurance
Professional liability Insurance with limits not less than per claim
with respect to negligent acts, errors or omissions in connection with
Professional services is required under this Agreement.
I 1 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.
I 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.
AAA00350
REVISED 10/12/94 Cl - 5
Insurance Requirements
Page 6
ATTACHMENT 1
Worker's Compensation Coverage for Building or Construction Projects for
Governmental Entitles
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 1406.096) -
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.
AAAM3eo
Fvisen 10n2194 Cl - 6
Insurance Requirements
Page 7
C. The Contractor must provide a certificate of coverage to the governmental
entity prior to being awarded the contract.
D. If the coverage period shown on the contractor's current certificate of
coverage ends during the duration of the project, the contractor must, prior
to the and 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.
AAA00350
REVISED 10/12/94 CI - 7
insurance Requirements
Page 8
I. The contractor shall contractually require each person with whom it
contracts to provide services on a project, to:
(1) provide coverage, based on proper reporting of classification codes
and payroll amounts and filing of any coverage agreements, which
meets the statutory requirements of Texas Labor Code, Section
401.011(44) for all of its employees providing services on the project,
for the duration of the project;
(2) provide to the contractor, prior to that person beginning work on the
project, a certificate of coverage showing that coverage is being
provided for all employees of the person providing services on the
Project, for the duration of the project;
(3) provide the contractor, prior to the end of the coverage period, a new
certificate of coverage showing extension of coverage, if the coverage
period shown on the current certificate of coverage ends during the
duration of the project;
(4) obtain from each other person with whom It contracts, and provide to
the contractor -
(a) a certificate of coverage, prior to the other person beginning
work on the project; and
(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
AAA00990
REVW D 10/12/94 CI - 6
Insurance Requirements
Page 9
(7) contractually require each person with whom it contracts, to perform
as required by paragraphs (1) - (7), with the certificates of coverage
to be provided to the person for whom they are providing services.
J. By signing this contract or providing or causing to be provided a certificate
of coverage, the contractor Is representing to the governmental entity that
all employees of the contractor who will provide services on the project will
be covered by workers' compensation coverage for the duration of the
project, that the coverage will be based on proper reporting of classification
codes and payroll amounts, and that all coverage agreements will be filed
with the appropriate insurance carrier or, in the case of a self -insured, with
the commission's Division of Self -Insurance Regulation. Providing false or
misleading information may subject the contractor to administrative
penalties, criminal penalties, civil penalties, or other civil actions.
K. The contractor's failure to comply with any of these provisions is a breach
of contract by the contractor which entitles the governmental entity to
declare the contract void if the contractor does not remedy the breach
within ten days after receipt of notice of breach from the governmental
entity.
AAA00360
FWVtM +onsna Cl - 9
BID SUMMARY
Mr Tom Shaw
Purchasing Agent
City of Denton
Denton, Texas
Mr Shaw
Having carefully examined the site, contract documents, plans and specifications, prepared by the Parks and
Recreation Department, I (we) propose to furnish all materials, labor, service, and guarantees required to
perform and complete the work described for the following
PARKIMPROVEMENTS
Bowling Omen Park
Civic Center Park
Netts Shultz Park
BID SCHEDULE
Item # Description and Price In Words Price in Figures
Base Bidior park4mprovements
Furnish and install playground equipment and benches,
miscellaneous earthwork, concrete paving and playground edging,
underdrains and related work, extend water lines, install owner -
provided playground equipment and brick pavers, according to the
plans and specifications, complete and in place for the sum of
r'rNMD4*.D <4 A ✓,0—: dollars and
cents $
Attemates - Bidders are required to submit alternate bids to add work to the base bid Failure to
submit alternate amounts in spaces provided shall be basis for disqualification of the bid
ADD
No 1 Furnish and install 8-foot-wide concrete trails as shown on the
Construction Layouts, according to the plans and ions,
complete and in place for the sum of E 16714*I W �.J D
dollars and n
�f d cents $ 0100
PROPOSAL
aeeey, 2
No 2 Saw out and patch curb and gutter and bituminous paving for access
ramps as shown on the Construction Layouts, according to the p ads
and specifications, complete and in place for the sum of 15
p)
dollars and
j-LQ cents $ / D (j
No 3 Fumish and Install access ramp, curbs, and temporary paving at
Bowling Green Park as shown on the Construction Layout, according
tootthe
�plans and specifications, complete and in place for the sum of
dollars and
I'--f0 cents $ / 0 R d
No 4 Fumish and install playground safety surfacing including drainage
system according to the plans and specifications and the
mAnufacturer's instructions, complete and in place for the sum of
, m o .J� �`
Z til dollars and
/ jlo cents $
No 5 Fumish and install access ramps at curb at Civic Center Park and
Nette Shultz Park as shown on the Construction Layouts, according
to the plans and specifications, complete and In place for the sum of
S1 )l nc dollars and
cents $ Z : /6.0
Unit Prices
The undersigned agrees that the following unit prices will apply to adjust quantities of materials indicated
an 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 above except as provided
for in the specifications
PROPOSAL
3"5%pl 3
Unit Price Items
#1 Furnish materials and provide labor to install concrete paving
according to the p[Mund p�Cifications, complete and in place for
the sum of _T_� ICC
dollars and
12� cents
#2 Furnish materials and provide labor to install playground perimeter
according to the plans and specs icadons, complete and in place for
the sum of
GT6'61j
$ J O
(Per square foot)
dollars and
J�o cents $ v
(Per linear foot)
#3 Furnish materials and provide labor to install underdrain pipe
according to the plans and specifications, complete and in place for
the sum of
dollars and
,�� �✓ cents
#4 Remove and dispose of concrete playground perimeters and sand
surfacing at Civic Center Park, complete and in place for the sum of
dollars and
cents
#5 Furnish materials and provide labor to Install miscellaneous concrete
for footings, etc , according to the plans and specifications, complete
alin place forlhe sum of
dollars and
fn cents
PROPOSAL
ae4sm, 4
$
(Per linear foot)
$ /O
(Pef linear foot)
$ (Per cubic yard o d
03/09/1999 10.09 9727701699
MHBT
PAGE
02
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