2002-241O IN CE NO.
AN ORDiNANCE ACCEPTING COMPETITIVE BIDS AND AWARDiNG A PUBLIC WORKS
CONTRACT FOR THE CONSTRUCTION OF THE NORTH LAKES PARK PLAYGROUND
IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND
PROVIDING AN EFFECTiVE DATE (BID 2865-NORTH LAKES PLAYGROUND
IMPROVEMENTS AWARDED TO SIMMONS BUILDERS, iNC. IN THE AMOUNT OF
$145,139).
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 thc construction of the public works or
improvements described in the bid invitation, bid proposals and plans and specifications therein;
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the following competitive bids for the construction of public works or
improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on
file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto,
are hereby accepted and approved as being the lowest responsible bids:
BID
NUMBER
2865
CONTRACTOR
SimmonsB~lders,~c.
AMOUNT
$145,139
SECTION 2. That the acceptance and approval of the above competitive bids shall not
constitute a contract between the City and the person submitting the bid for construction of such
public works or improvements herein accepted and approved, until such person shall comply with all
requirements specified in the Notice to Bidders including the timely execution of a written contract
and furnishing of performance and payment bonds, and insurance certificate after notification of the
award of the bid.
SECTION 3. That the City Manager is hereby authorized to execute all necessary written
contracts for the performance of the construction of the public works or improvements in accordance
with the bids accepted and approved herein, provided that such contracts are made in accordance
with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms,
conditions, plans and specifications, standards, quantities and specified sums conta'med therein.
SECTION 4. That upon acceptance and approval of the above competitive bids and the
execution of contracts for the public works and improvements as authorized herein, the City Council
hereby authorizes the expenditure of funds in the manner and in the amount as specified in such
approved bids and authorized contracts executed pursuant thereto.
SECTION 5. That this ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the
~ dayof ~7~F ,2002
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
:: ..RBE~O~ ATiO D iMRNEpioVEMEiqTS
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CONTRACT AGREEMENT
STATE OF TEXAS §
COUNTY OF DENTON §
THIS AGREEMENT, made and entered into this 6 day of Au~tmst
A.D., 2002, by and between
City. of Denton
of the County of Denton and. State of Texas, acting through Michael A. Conduff
thereunto duly authorized so to do, hereinafter termed "OWNER," and
Simmons Builders General Contractor, Inc.
of the City of Flower Mound
, County of Denton
and State of Texas
, hereinafter termed "CONTRACTOR."
WlTNESSETH: That for and in consideration of the payments and agreements
hereinafter mentioned, to be made and performed by OWNER, and under the conditions
expressed in the bonds attached hereto, CONTRACTOR hereby agrees with OWNER to
commence and complete performance of the work specified below:
Bid 2865- North l.akes Park Playground Improvement
in the amount of $145,139 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 famish all materials, supplies, machinery, equipment,
tools, superintendence, labor, insurance, and other accessories and services necessary to
complete the work specified above, in accordance with the conditions and prices stated in the
Proposal attached hereto, and in accordance with all the General Conditions of the Agreement,
the Special Conditions, the Notice to Bidders (Advertisement for Bids), Instructions to
Bidders, and the Performance and Payment Bonds, all attached hereto, and in
accordance with the plans, which includes all maps, plats, blueprints, and other drawings and
printed or written explanatory matter thereof, and the Specifications therefore, as prepared by:
CA - 1
Mesa Design Group and City. Staff
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 expfessly 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.
A/T~rEST: ,
ATTEST:
City. of Denton /
OWNER ~L
(SEAL)
Simons Builders General Contractor, Inc.
CONTRACTOR
3804 Simmons Creek Lane
Flower Mound, TX 75022-5495
APPROVED AS TO FORM:
CiTY ATTOtt~EY -
MAILING ADDRESS
972/355-8580
PHONE NUMBER
972/355-2902
FAX NUMBER
TITL~ Pres~'±dent-:'
Eugene Carl Simmons
PRINTED NAME
(SEAL)
CA - 3
543-99-30
PERFORMANCE BOND
STATE OF TEXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS: That Simmons l:hfilders (~eneral
~whose address is 3804 Simmons Creek l~ne: Flower Mound: TX 75f~22-5405
hereinafter called Principal, and C.R~AT Am~RTeJU~ INsmu~qC~ COm'aNY ,
a corporation organized and existing under the laws of the State of Ohio , arid
fully authorized to transact business in the State of Texas, as Surety, are held and fo'rely 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 Forty. Five
Thousand I lne Hundred Thirty. Nine and 0/1130 DOLLARS ($ 145,139) 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 beIow identified
Contract, in lawful money of the United States, to be paid in Denton County, Texas, for the
payment of which sum well and truly to be made, we hereby bind ourselves, our heirs,
executors, administrators, successors, and assigns, jointly and severally, firmly by these
presents. This Bond shall automatically be increased by the amount of any Change Order or
Supplemental Agreement which increases the Contract price, but in no event shall a Change
Order or Supplemental Agreement which reduces the Contract price decrease the penal sum of
this Bond.
THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the
Principal entered into a certain Contract, identified by Ordinance Number 2002-241
with the City of Denton, the Owner, dated the 6 day of AllgUsI
A.D..~A~2,_, a copy of which is hereto attached and made a part hereof, for
Bid 2865- North Iakes Park Play_mound Improvement
NOW, THEREFORE, ff 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 th* Owner; and~ 'if the Principal shall fully indemnify and save harmless the
Owner from all costs and damages which Owner may suffer by reason of failure to so perform
herein and shall fully reimburse and repay Owner all outlay and expense which the Owner may
incur in making good any default or deficiency, then this obligation shall be void; otherwise, it
shall remain in full force and effect.
PB - 1
PROVIDED FURTHER, that if any legal action be fried upon this Bond, exclusive
venue shall lie in Denton County, State of Texas.
AND PROVIDED FURTHER, that the said Surety, for value received, hereby
stipulates and agrees that no change, extension of time, alteration or addition to the terms of
the Contract, or to the Work to be performed thereunder, or to the Plans; Specifications,
Drawings, etc., accompanying the same, shall in anywise affect its obligation on this Bond,
land 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 applicablc statutes of the Statc of Texas.
The undersigned and designated agent is hereby designated by the Surety herein as the
Resident Agent in Denton County to Whont miy requisite nttices may be delivefed 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, Vemon's Annotated Civil Statutes of the State of Texas.
IN WITNEeS WHEREOF, this instrument is executed in 4
wh/,ch shall be deemed an original, this the 6~ day of AUGUST
__copies, each one of
2002
ATTEST: PRINCIPAL
SECRET~RY
SIMONS BUILDERS GENERAL CONTRACTOR,. INC.
ATTEST: SURETY
IN VIGIL
of the process is:
NAME: John D. Williams _.
STREET ADDRESS: 415 East Yandell Drive, E1 Paso, Texas 79902
(NOTE: Date of Performance Bond must be date of Contract.
corporation, give a person 's name.)
PB - 2
If Resident Agent is not a
Bond No. 543-99-30
PAYMENT BOND
STATE OF TEXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS: That Simmons Builders General
Contractors, Inc, whose address is 3804 Simmons Creek l,ane: Flower Monnd: TX 75022-
5495, hereinafter called Principal, and c~A,r AmmXCA~ TNSTrR~qC~ COm'~V ,
a corporation organized and existing under the laws of the State of Ohio , and fully
authorized to transact business in the State of Texas, as Surety, are held and fn-mly 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, fi/ms, 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 Forty. Five Thin,sand One Hindred Thirty. Nine and
0/100 DOLLARS. ($ 145~139)- in-lawful- money of the United States, to be paid hi Dent0n~
County, Texas, for the payment of which sum well and truly to be made, we hereby bind
ourselves, our heirs, executors, administrators, successors, and assigm, 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 ~
with the City of Denton, the Owner, dated the 6 day of ~ A.D. 2002,
a copy of which is hereto attached and made a part hereof, for Flid 2865 North lmkes Park
Playground lmprovemenm
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 ff 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.
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 Vemon's Annotated Civil Statutes of the State of Texas.
IN WITNESS WHEREOF, this instrument is executed in 6 copies, each one of
which shall be deemed an origlnsl, this the 6TIt day of. AUGUST , 2002
ATTEST: PRINCIPAL
SII~IONS BUILDERS GENERAL CONTRACTOR, INC.
PRE~ENT
ATTEST:
BY:
SURETY
ff. REAT A'M'E'R~'CAN INSlJRANC~ COMPANY
The Resident Agent of the Surety in Detuon County, Texas for delivery of notice and sm'vice
of the process is:
NAME: John D. Williams
STREET ADDRESS: 415 East Yaudell Drive, E1 Paso, Texas 79902
(NOTE: Date of Payment Bond rauxt be date of Contract. If Resident Agent is not a
corporation, give a person's name.)
PB - 4
GREAT AMERICAN INSURANCE COMPANY®
Administrative Office-' 580 WALNUT STREET · CINCINNATI, OHIO 45202 · 513-369-5000 · FAX 513-723-2740
The number of persons authorized by
this power of attorney is not more than
EIGHT No. 014085
POVVER OF A~'~OI~Y
KNOW ALL MEN BY THESE PRESENTS: That the GKEAT AMERICAN INSURANCE COMPANY, a co~0oradon organized and exisdng
under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below its hue and lawful attorney-
in-fact, for it and in its nmne, place and steed to execute in behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or
other written obligations in the nature thereof: provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed
under this authority shall not exceed the limit stated below.
BART H. KINNEY III. CARL S. CONLEE III
ROBERT L. BROOKS DEAN E. VIGIL
ROGER L. HOUSER MICHAEL L. CHRESTMAIq
SARAH J. HA24ILTON DAVID D. GEBHARDT
Address ~mitofPower
ALL OF A~L
ALBUQUERQUE, UNLIMITED
NEW MEXICO
This Power of Attomey revokes ail previous powers issued in behalf of the attomey(s)-in-fact famed above.
IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate
officers and its corporate seal hereunto affixed this
Attest
STATE OF OI-LIO, COUNTY OF HAMILTON ~ ss:
On this 1 S t day of
1st dayof April,' 2002
GREAT AMERICP~q ~SLr~CE COMPAN~
Apr±l, 2002
· before me personally appeared DOUGLAS R. BOWEN, to me known.
being duly sworn, deposes and says that he resides in Cincinnati, Ohio, that he is the Divisional Senior Vice President of the Bond Division of Great American
Insurance Company, file Company describedin and which e:tecated the above instrument: that he knows the seal of the said Company: that the seal affixed lO the
said inshument is such corporate seal; that it was so affixed by authority of his office under the By-Laws of said Company, and that he signed his name thereto by
like authority.
MAUREEN DOUGHERTY
NOTARY PUBLIC, STATE OF OHIO
iv;Y COi~/dvilSSlON EXPIRES 08-12-06
This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company
by unanimous written consent dated March L 1993.
RESOLVED: That the Division President. the several Division Wce Presidents and Assistdnt Wce Presidents. or any one of the*n, be and hereby is
authorized, riven time to ti*ne, to appoint one or more Atto~*teys-in-Fact to execute on behalf of the Company, as surety, any and all bonds, undertakings and
comracts of suretyship, or other written obligations b~ the nantre thereof: to prescribe tlteir respective duties and the respective limits of their authority; and to
revoke any such appointment at any time.
RESOLVED FURTHER: That the Cotnpany seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the
Company may be affixed by facsimile to any power of strongly or certificate of either given for the execution of any bond, undertaking, contract or suretyship, or
other written obligation hi the nature thereof, such signature and seal when so used behig hereby adopted by the Company as the original signature of such officer
and the original seal of the Company, to be valid and binding upon the Company with the san*e force and effect as though manually affixed.
CERTIFICATION
1, RONALD C. HAYES, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the
Resolutions of the Beard of Directors of March l, 1993 have not been revoked and are now in full force and effect.
Signed and sealed this 6Tit day of AI]'GIJST 2002
JDW Insurance ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
P.O. Box 981021 COMPANIES AFFORDING COVERAGE
El Paso, TX 79998-1021
3804 Simmons Creek Lane C
Flower Mound TX 75022 COMPANY
I
X COMM~C~L GENE~L L[ABIL~Y PRODUC~ - COMPZOP AGG ~ 1000000
~;?:: I C~IMS MADE ~ OCCUR PERSONAL & ADV I~URY * 1000000
-- OWNER's & CO~CTOR'S PROT ~CH OCCURRENCE * 1000000
G~E ~Ol~
B woaascoMpmsA~oaao BP0001098752 6128102 6/28/03 X ITORVL'MtTSl
OTH~ I
I
COI ATTACHMENT 8/12/02 - CITY OF DENTON
Project: North Lake Park Playground Improvement
City of Denton is named as Additional Insured with .respects to
General Liability and Automobile coverage. Waiver of subrogation
applies to the Workers Compensation.
Said policies shall not be cancelled, non-renewed or materially
changed without 30 days advanced written notice being given to
the City of Denton, except when the policy is being cancelled
for non-payment of premium in which case 10 days advanced
written notice is required.
$2,000 Property Damage Deductible.
/mi
CITY OF DENTON
INSURANCE REQUIREMENTS FOR CONTRACTORS
Bidder's attention is directed to the insurance requirements below. It is higtdy 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 liability'es of the Contractor, the Contractor
shall provide and maintain until the contracted work_ h~_ been completed and accepted.by the
City Of D~ntoh[ o~vner, the mi~zimu~n- insur~-nce coverage as indicated hereinafter.
As soon as practicable after notification of bid award, Contractor shall file with the
Purchasing Department satisfactory certificates of insurance, containing the bid number and
title of the project. Contractor may, upon written request to the Purchasing Department, ask
for clarification of any insurance requirements at any time; however, Contractors are strongly
advised to make such requests prior to bid opening, since the insurance requirements may not
be modified or waived after bid opening unless a written exception has been submitted with the
bid. Contractor shall not commence any work or deliver any material until he or she
receives notification that the contract has been accepted, approved, and signed by the City of
Denton.
All insurance policies proposed or obtained in satisfaction of these requirements shall comply
with the following general specifications, and shall be maintained in compliance with these
general specifications throughout the duration of the Contract, or longer, if so noted:
· Each policy shall be issued by a company authorized to do business in the State of
Texas with an A.M. Best Company rating of at least A+.
Any deductibles or self-insured retentions shall be declared in the bid proposal. If
requested by the City, the insurer shall reduce or eliminate such deductibles or
self-insured retentions with respect to the City, its
officials, agents, employees and volunteers; or, the contractor shall procure a bond
guaranteeing payment of losses and related investigations, claim administration and
defense expenses.
· 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 SI-L4LL NOT BE CANCELLED, NONRENEWED OR
MATERIAI.LY CHANGE WITHOUT 30 DAYS ADVANCED WRITTEN
N_O_TICE BFJNG GllfF, N TO THE OWNER (CITY):EXCEPT-WHEN THE
POLICY IS BEING CANCELLED FOR NONPAYMENT OF PREMIUM IN
WHICH CASE 10 DAYS ADVANCE WRITTEN NOTICE IS REQUIRED".
Should any of the required insurance be provided under a 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:
IX ] A. General Liability Innurance:
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 premises, operations, products, and completed
operations, independent contractors, contractual liability covering this
contract and broad form property damage coverage.
· Coverage B shall include personal injury.
· Coverage C, medical payments, is not required.
If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition
and ISO Form GL 0404) is used, it shall include at least:
· Bodily injury and Property Damage Liability for premises, operations,
products and completed operations, independent contractors and property
damage resulting from explosion, collapse or underground (XCU)
exposures.
· Broad form contractual liability (preferably by endorsement) covering this
contract, personal injury liability and broad form property damage
liability.
Ix I Automobile Liability Insurance:
Contractor shall provide Commercial Automobile Liability insurance with Combined
Single Limits (CSL) of not less than $300:000 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.
Ix ] 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 role 28TAC
1 I0.110 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 arise in the
prosecution of the work or Contractor's operations under this contract. Coverage shall be on an
"occurrence" basis, and the policy shall be issued by the same insurance company that carries
the Contractor's liability insurance. Policy limits will be at least __combined bodily injury
and property damage per occurrence with a aggregate.
[ ] Fire Damage Legal Liability Insurance
Coverage is required if Broad form General Liability is not provided or is unavailable to the
contractor or if a contractor leases or rents a portion of a City building. Limits of not less than
each occurrence are required.
[ ] Professional Liability Insurance
Professional liability insurance with limits not less than per claim with respect to
negligent acts, errors or omissions in connection with professional services is required under
this Agreement.
[ ] Builders' Risk Insurance
Builders' Risk Insurance, on an All-Risk form for 100% of the completed value shall be
provided. Such policy shall include as "Named Insured" the City of Denton and all
subcontractors as their interests may appear.
[ ] Additional Insurance
Other insurance may be required on an individual basis for extra hazardous contracts and
specific service agreements. If such additional insurance is required for a specific contract,
that requirement will be described in the "Specific Conditions" of the contract specifications.
ATTACHMENT 1
Ix]
Worker's Compensation Coverage for Building or Construction Projects for
Governmental Entities
A. Definitions:
Certificate of coverage ("certificate")-A copy of a certificate of insurance, a
certificate of authority to self-insure issued by the commission, or a coverage'
agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory
workers' compensation insurance coverage for the person's or entity's employees
providing services on a project, for the duration of the project.
-Duration .of theprojeet- includes the time from the' beginning bf th~ wor~ on the
project until the contractor's/person's work on the project has been completed and
accepted by the governmental entity.
Persons providing services on the project ("subcontractor" in §406.096) - includes
all persons or entities performing all or part of the services the contractor has
undertaken to perform on the project, regardless of whether that person contracted
directly with the contractor and regardless of whether that person has employees.
This includes, without limitation, independent contractors, subcontractors, leasing
companies, motor carriers, owner-operators, employees of any such entity, or
employees of any entity which furnishes persons to provide services on the project.
"Services" include, without limitation, providing, hauling, or delivering
equipment or materials, or providing labor, transportation, or other service related
to a project. "Services" does not include activities unrelated to the project, such as
food/beverage vendors, office supply deliveries, and delivery of portable toilets.
The contractor shall provide coverage, based on proper reporting of classification
codes and payroll mounts and filing of any overage agreements, which meets the
statutory requirements of Texas Labor Code, Section 401.011(44) for all
employees of the Contractor providing services on the project, for the duration of
the project.
C. The Contractor must provide a certificate of coverage to the governmental entity
prior to being awarded the contract.
If the coverage period shown on the contractor's current certificate of coverage
ends during the duration of the project, the contractor must, prior to the end of the
coverage period, fde a new certificate of coverage with the governmental entity
showing that coverage has been extended.
Fo
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 ftc certificates of coverage showing
coverage for all persons providing services on the project; and
(2)
no later than seven days after receipt by the contractor, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of the project.
The contractor shall retain all required certificates of coverage for the duration of
the project and for one year thereafter.
The contractor shall notify the governmental entity in writing by certified mail or
personal-deliveE/~ within t0 days after the contractor knew Or shOuld h~/v6 know-n,
of any change that materially affects the provision of coverage of any person
providing services on the project.
The contractor shall post on each project site a notice, in the text, form and manner
prescribed by the Texas Workers' Compensation Commission, informing all
persons providing services on the project that they are required to be covered, and
stating how a person may verify coverage and report lack of coverage.
The contractor shall 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 mounts and £fling 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
Co)
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~ mater-ially-affects the-provision of coverage-Of a/ay 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, criminal penalties, civil penalties,
or other civil actions.
The contractor's failure to comply with any of these provisions is a breach of
contract by the contractor which entitles the governmental entity to declare the
contract void if the contractor does not remedy the breach within ten days after
receipt of notice of breach from the governmental entity.
To:
..city Of Denton .
Pnr~ And Recreation Depnrtment
321 E. McI~n~e¥ St.,
Denton, Texas 76201
For: Northlakes Park Phase 1H
Playground Hardscape & Landscape Improvements
The undersigned bidder has throughly examined the Bid Documents, Plans, Specifications, end the site, understands the amount of work to be done, and
hereby proposes to do all the work, furnish all labor, equipment, and materials necessary to fully complct~ the work as provided in the Bid ~)ocuments,
, and subject to the inspection and approval of+he Engineer and Owner. Bid quentites are provided for bidding putposcs solely, with
discrepancies between plans and bid form to be reported to landscape architect for clarification.
The following unit prices shall be the basis of total compensation for performing the work and furnishing and installing each item, complete and in place·
Upon acceptance of this proposal by the Owner, the bidder is bound to execute a contract completing the said work within +he time stated and for the
to wit:
·
Surveying/Demolitio~ Clearing
Item No.
100
101
102
Mobilization As Necessary
Complete for the sum of the following Unit Price:
Survey Of All Hardscape Elements (Centerllaes, Corners, And Grades) ·
'Per DM, OR, end LA Sheets
Complete for the sum of the following Unit Price:
Tree P}otection / ConsUucfion Fencing Per Sheet DM-01 and detail B/DM.
01
Complete for the sum of the following Unit Price:
Quenti~
1
817
Unit Price
$ 10,000.00
pffLump Sum
$
2,500.00
per Lump Sum
$
3.00
per Linear Foot
$ 10,000.00
$
2,500.00
$
2~541.00
103 Removal Of Existfug Trees Per Sheet DM-01 1 $ 600.00 $ 600.00
Complete for the sum of the following Unit Price: per Lump Sum
Removal Of Pea Gravel of Existing Playground and Salvaging for I $ $
104 Ralnstallafion 400.00 400.00
Complete for +he sum of the following Unit Price: per Lump Sam
105 Ramoval Of Existing Water Fountain I $ 300.00 $ 300.00
Complete for the sum of the following Unit Price: per Lump Sam
Subtotal of Surveying/Demolition/Clearing Amount
(To be used in determinalion of Lowest Responsive, Responsible Bidder)
$ 16t341.00
6/14/2002
Grading/Drainage
Item No. Item Description Quantity Unit Price Amount
~0 TemPorary Sediment Control Fencing Per Sheet GR-01 and detail B/GR-
Ol ~80 $ $
3.00 1 ~140.00 '
Complete for the sum of the following Unit Price: per Linear Foot
201 Grading Per Sheet GR-01 I $' 1~000.00. $ 1~000.00
Complete for the sum of the following Unit Price: per Lump Sum
202 Playground Subsurface Drainage and all necessary appurtenances Per I $ $
Sheet B/OR-01 500.00 5 00.00
Complete for the sum of the following Unit Price: per Lump Sum
203 Install Playground Subsurface Drainage Pea Gravel per OR-01 and Detail I $ $
B/LC-02. (Material provided by City of Deotun) 750.00 75 0.00
Complete for the sum of the following Unit Price: per Lump Sum
Subtotal of Grading/Drainage Amount $ 3 ~ 390.00
(To be used in dcl~rmination of Lowest Responsive, Responsible Bidder)
Concrete FiaBvork/Miscellaneous Paths
Item No. ltem_D~eseripfi_o~ ........ Quantity Unit Price- Amount
Concrete Sidewalk / Trail With Light Broom Finish And Sco~ng Per
300 5heetl LA-01 and detail B/LC-01 4,480 $ $
6.90 21,952.00
Complete for thc sum of the following Unit Price: per Square Foot
Concrete Playground Containment Curb and All Necessary Appurtanances 425 $ $
301 ?er Sheetl LA~01 and detail B/LC-02 20.00 8:500.00
~omplete for the sum of the following Unit Price: per Linear Foot
:Plaza Stone Paving from Pavestone Co. (1-800-245-7283) Per Sheet LA- 241 $ $
302 :01 and Detail F/LC-02 6.00 1,446.00
Complete for the sum of the following Unit Price: per Square Foot
Concrete Playground Handicap Ramp Per Sheet LA-01 and Detail A/Sheet
303 LC:01 3 $ $
700.00 2.~00.00
Complete for the sum of the following Unit Price: per Each
Subtotal of Concrete Flatwork/Miscellaneous Paths Amount S 33,998.00
(To be used in determination of Lowest Responsive, Responsible Bidder)
6/14/2002 Paffe 2 of 6 n~a ~'n,-m- m ........ a ,: ,c ,v~ -,~
Site Furnishings/Playground Equipment and Surfacing
Item No. lt~em Description Qunntit~ Unit Price Amount
400 Dirversified Metal Fabricator (Phone: 1-800-433-5347) 84" #BB-81 Trail
Side Bench in Green Color and .MI Necessary Appurtenances Per Sheet 4 $ $
LA-01 detail ErLC-01 325.00 1,300.00
Complete for the sum of the following Unit Price: . per Each
401 Game Time (Phone:l-800-433-5347) Modular Powerscape Unit
#TDNP402 and All Neeessa~ Appurtenences Per Sheet LA-01 I $64,000.00 $ 64,000.00
Complete for the sum of the following Unit Price: per Each
402 Powerscape (Phone: 1=800-433-5347) Swing Set Model #10847 w/(1)
#10848 and (4)//1466 Belt Seat and All Necessary Appurtenances Per I $
Sheet LA-01 3 ~ 5 00.00 3 ~ 500. O0
Complete for the sum of the following Unit Price: per Each
403 Garn~e Time (phone: 1-800-433-5347) Swing Set Model #12583 w/(2)
#1470 Enclosed Tot Seat and All Necessary Appurtenances Per Sheet LA- 1 $ $
O1 1,400. O0 1,400.00
Complete for the sum of the following Unit Price: per Each
404 Game Time (Phone: 1-800-433-5347) Saddlemate (2) #4885 Coil Spring
w/(1) #274 Seat and (l) #283 Seat and All Necessary Appurtenances Per 1 $ $
Shiet~.,A-01- 1 ~300. O0 1,300. O0
Complete for the sum of the following Unit Price: per Each
405 MDF 493-SM (phone: 1-800-552-6331) Drinking Fountain and All
Necessary Appurtenances Per Sheets LA-01 1 $ $
3~400. O0 3~400.00
Complete for the sum of the following Unit Price: per Each
406 Install Fther Playground surfacing (Material to be Provided by City of
Donton) 9,340 $ O. 05 $ 467.00
Complete for the sum of the following Unit Price: per Square Foot
Subtotal of Site l~ruishing/Playground Equipment and surfadng $ 75,367.00
(To be used/n determination of Lowest Responsive, Responsible Bidder)
Landscape
Item No. [tom Description Quantity Unit Priea Amount
500. Annual Rye Grass Hydromulch 22,340 $ 0.10 $ 2,23 4.00
~omplete for the sum of the following Unit Price: per Square Foot
501 ~ommon Bermuda Grass Sod 810 $ 0.50 $ 405. O0
7.omplete for the sum of the following Unit Price: par Square Foot
Conversion of Annual Rye Grass Hydromulch to Corranon Bermuda
502 Hydromuleh 22,340 $ 0.60 $ 13 ~404.00
Complete for the sum of the following Unit Price: per Square Foot
SubtotalofLandscnpe Amount $ 1.6,043.00
(To be used/n determ/nafion of Lowest Responsive, Responsible Bidder)
6/14/2002 Pn~e 3 oft~ ~;.-t ~-- m ..............
~ Grading/Drainage
Item No. Item Description Quantity Unit Price Amount
600 Install Playground Subsurface Drainage Pea Grovel per OR-01 and Deta/l 1,000 $. $
B/LC-02. (Contractor to Provide Material) 1.00 1 ~ 000.00
Complete for the sum of the following Unit Price: per Square Foot
Subtotal of Complete for the sum of the following Unit Price: Amount $ 1 ~ 000.00
(To be used in determination of Lowest Responsive, Responsible Bidder)
Irrigation
Item No. Item Description Quantity Unit Price Amount
700 Design/Build Irrigation System. Included Main line and Bubblers on
Proposed Trees. Connect to Adjaeant Parking Lot Irrigation System. $ 9,000.00 $ 9,000.00
Complete for the sum of the following Unit Price: per Lump Sum
Subtotal of Irrigation Amount $ 9,000.00
(To be used in detmnination of Lowest Responsive, Responsible Bidder)
Landscape
Item No. item Description Quantity Unit Price Amount
800 Red Oak (60 gal.) 14 $ 800.00 $ ~.1,200.00
Complete for the sum of the following Unit Price: per Each
801 Bald Cypress (65 Gal.) 12 $ 500.00 $ 6,000.00
Complete for the sum of the following Unit Price: per Each
Subtotal of Landscape Amount $ 17,200.00
(To be used in determination of Lowest Responsive, Respensible Bidder)
6/14/2002 Page 4 of 6 I~id I~nrm. pl., .....,~ ,~ ,: ,¥~ -~
North Lakes Park - BASE BID PROPOSAL ITEMS
Subtotal of Surveying/Demolition/Clearing Amount
Subtotal of Grading/Drainage Amount
Subtotal of Concrete Flatwork/Miscellaneous Paths Amount
Subtotal fo Site Furnishings/Playground Equipment and Surfacing
Subtotal of Landscape Amount
BASE BID PROPOSAL TOTAL
Items 100 to 105 $ 16,341.00
Items 200 to 203 $ 3,390.00
Iterrm 300 to 303 $ 33,998.00
Items 400 to 406 $ 75,367.00
Item 500 to 502 $ 16,043.00
$ 145~139.00
This Proposal will be evaluated on the Total Base Bid Amount.
Within ten (10) days after acceptance of this Proposal, the undersigned will execute an Agreement on the form provided, and will deliver Performance and
Payment Bonds as required by the Conlxa~t Documents, for the faithful performance of this Contract.
The undersigned bidder certifies that he has obtained at least one set of the project's Bid end Consixuetion Documents and that he has reed and thoroughly
The bidder agrees to construct the project according to the schedule defined in the Special Provisions.
Receipt is acknowledged of the following addenda:
Addendum No. 1 (Initials)
Addendum No. 2 (Initials)
Addendum No. 3 (Initials)
(SEAL) if Bidder is Corporation
Respectfully submitted,
By:
Title:
Address:
S~mmons Builders General Contractor~ In(
Eugene Carl Simmons
President
3804 Simmons Creek Lane
Flower Mound~ TX 75022-5495
Telephone: 972/355-8580
6/14/2002 Page 5 of 6 Bid Form-
North Lakes Park - ALTERNATE BID PROPOSAL ITEMS
Subtotal of Grading/Drainage Amount
Item 600
$ 1,000.00
$ 9,000.00
Subtotal of Irrigation Amount
Item 700
Subtotal of Landscape Amount
Itern 800 to 801
$ 17,200.00
ALTERNATE BID PROPOSAL TOTAL
$ 27,200.00
this Proposal will be evaluated on the Total Alternate Bid Amount.
Within ten (10) days aider acceptance of this Proposal, the undersigned will execute an Agreement on the form provided, and will deliver Performance and
Payment Bonds as required by the Con~ract Documents, for the faithful performance of this Con~ract.
Yhe undersigned bidder cer~fies that he has obtained at least one set of the project's Bid and Construction Documents and that he has read and thoroughly
understands all requirements and conditions of said Documents, Specifications, and appurtenant plans.
the bidder agrees to construct the project according to the schedule defined in the Special Provisions.
Receipt is acknowledged of the following addenda:
~ddendem No. 1 (Initials)
Addendum No. 2 (Initials)
~,ddendem No. 3 (Initials)
(SEAL) if Bidder is Corporation
Respectfully submitted,
Simmons Builders Gemeral Contractor, Inc
By: ~,~ ~ ~/ (signature}
Name'. Eugene Carl Simmons
Title: President
Addro~: 3804 S~mmons Creek Lane
Flower Mound~ TX 75022-5495
Telephone: 972/355-8580
6/14/2002 Do.. ~ ~:,~
DOCUMENT 00411
PROPOSAL (BID) FORM
Time: 2:p.m.
Date: July 11, 2002
To: Purchasing Agent
City of Denton, Texas
901-B Texas Street
Denton, Texas 76201
Gentlemen:
The undersigned having examined the Contract Documents entitled:
North Lakes Park Playground Improvement Project Bid #2865
And having visited the site of the proposed construction, and having familiarized himself with
the local conditions affecting the cost of the work, and with all addenda to the said documents,
hereby proposed to furnish all supervision, labor, materials, equipment, tools, and accessories
and to do all work in aeeordanoe with said documents and addenda thereto for the stipulated sum
of:
One Hundred Forty-Five Thousand~ One Hundred DoHars ($ 145 ~ 139.00 )
Total Base Bid Thirty-Nine & no/100
Total Materials Incorporated into thc Proi¢ct $ 133,139.00
Total Labor, Supervision and Materials Not Incorporatext Lnto the Proiect$ 12,000.00
Alternates
Alternate # 1
Twenty-Seven Thousand, Two Hundred & no/100
Dollars($
Total Base Bid
Total Materials Incorporated into the Project $
Total Labor, Supervision and Materials Not
Incorporated into the Project $
ADDENDA:
27,200.00
25,000.00
2,200.00
North Lakes Park, Denton, Texas 00411-1 Bid Form
Acknowledge receipt of the following addenda which are part of the Bidding Documents by
placing Addendum #, Date issued and initialing:
Addendum: No.
Addendum No.
Addendum No.
Addendum No.
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 120
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 fight to reject any or all bids and
to waive any informalities in the bidding.
BID GUARANTY:
Enclosed with this Bid is a Certified Check for:
Dollars ($ )
or a Bid Bond in the sum of
Five Percent of Maximum Bid Price
Dollars ($ )
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 fails 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.
Simmons Builders General Contractor,
Contractor (firm name)
Authon~z~d Signature ' '
(If corporation, attest and affix
a Corporate Seal)
President
Title
Address 3804 Simmons Creek Lane
North Lakes Park, Denton, Texas 00411-2 Bid Form
City, State, Zip Code Flower Mound, TX 75022-5495
Telephone 972/355-8580
END OFDOCUMENT
North Lakes Park, Denton, Texas 00411-3 Bid Form