2001-103AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS
CONTRACT FOR THE CONSTRUCTION OF NEIGHBORHOOD PARKS AND
PLAYGROUND IMPROVEMENTS, PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFORE, AND PROVIDING FOR AN EFFECTIVE DATE (BID 2630 - NEIGHBORHOOD
PARKS AND PLAYGROUND IMPROVEMENTS PROJECT, AWARDED TO PLAYGROUND
SPECIALIST, INC, IN THE AMOUNT OF $224,479 83 INCLUDING ALTERNATES 1 AND 4)
WHEREAS, the City has sohclted, received and tabulated competitive bids for the
construction ofpubhc works or improvements in accordance with the procedures of STATE law and
City ordlnancas, 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 m the bid invitation, bid proposals and plans and specifications thereto,
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the following competitive bids for the construction ofpubhc works or
improvements, as described m the "Bid Invitations", "Bid Proposals" or plans and specifications on
file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto,
are hereby accepted and approved as being the lowest responsible bids
BID
NUMBER CONTRACTOR AMOUNT
2630 Playground Specialist, Inc $224,479 83
SECTION II That the acceptance and approval of the above competitive bids shall not
constitute a contract between the City and the person submitting the bid for construction of such
public works or improvements herein accepted and approved, until such person shall comply with all
requirements specified in the Notice to Bidders including the timely execution of a written contract
and 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 hereto, 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 pubhc works and ~mprovements as authorized hereto, the C~ty Council
hereby authorizes the expenchture of funds in the manner and in the amount as specified ~n such
approved blds and authorized contracts executed pursuant thereto
SECTION V That this ordinance shall become effective ~mmed~ately upon its passage and
approval
PASSED AND APPROVED th~s the ~ dayof ~/~ ,2001
EUL1NE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERB~~TY ATTORNEY
2530 - CONTR^CTUP~ORDIN^NCE (2 / 01)
CONTRACT AGREEMENT
STATE OF TEXAS §
COUNTY OF DENTON §
THIS AGREEMENT, made and entered into this 6 day of March A D , 2001,
by and between ~of the County of Denton and State of Texas,
acting through ~ereunto duly authorized so to do, hereinafter termed
"OWNER," and
Playground Specmhsl3:lnc.
1558 Parks~de Trml
Lew~swlle, TX 75077
of the City of Lewmwlle , 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
B~d 2630 - Neighborhood Parks and Playground Improvement Pr~ect
In the mount of ~$22_4.tZ9_.IL3~ and all extra work in connection therewith, under the terms
as stated m the General Conditions of the agreement, and at his (or their) own proper cost and
expense to furmsh all materials, supplies, machinery, equipment, tools, superintendence,
labor, insurance, and other accessories and services necessary to complete the work specified
above, in accordance with the conditions and prices stated in the Proposal and the Performance
and Payment Bonds, attached hereto, and in accordance with all the General Conditions of the
Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), and
Instructions to Bidders, as referenced hereto and on file in the office of the Purchasing Agent,
and in accordance with the plans, which includes all maps, plats, blueprmts, and other
drawings and printed or written explanatory matter thereof,
CA- 1
and the Specifications therefore, as prepared by
Parks and Recreatmn Department
all of which are referenced herein and made a part hereof and collectively evidence and
constitute the entire contract
Independent Status
It is mutually understood and agreed by and between City and Contractor that
Contractor is an independent contractor and shall not be deemed to be or considered an
employee of the C~ty of Denton, Texas, for the purposes of income tax, withholding, somal
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 d~recuon of the City Manager
of the City of Denton, Texas, or h~s 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 habfl~ty of any kind whatsoever, by reason of injury
to property or third persons occasioned by any error, omission or negligent act of Contractor,
1ts officers, agents, employees, mwtees, and other persons for whom it is legally hable, with
regard to the performance of th~s Agreement, and Contractor will, at its cost and expense,
defend and protect the C~ty of Demon against any and all such clmms and demands
Choice of Law and Venue
This agreement shall be governed by the law of the State of Texas and venue for ~ts
construction and enforcement shall lie m 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 m written notice to commence work and complete all work
within the tune stated m the Proposal, subject to such extensions of time as are prowded by the
General and Special Conditions
The OWNER agrees to pay the CONTRACTOR in current funds the price or prices
shown ~n the Proposal, which forms a part of this contract, such payments to be subject to the
General and Special Conditions of the Contract
CA - 2
IN WITNESS WHEREOF, the part~es of these presents have executed this agreement
~n the year and day first above written ~
ATTEST
~/ OWNER/ £ __
-~ ~ ~ ..... ,,~-,
(SEAL)
ATTEST
eON'I~RACTOR
MAILING ADDRESS
PHONE NUMBER
FAX NUMAR
TITLE
APPROVED AS TO FO~ P~NTED NAME
CITY ATTORNEY ~
CA - 3
PERFORMANCE BOND
STATE OF TEXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS That Playgro~md Spec~abst: Inc.
whose address is 1558 Parkslde Trail: Lewlswlle: TX 75077
hereinafter called Principal, and Insurance Company of the West
a corporation organized and existing under the laws of the State of California
and fully authorized to transact business m the State of Texas, as Surety, are held and firmly
bound unto the City of Denton, a municipal corporation organized and existing under the laws
of the State of Texas, hereinafter called Owner, in the penal sum of Two Hundred Twenty
Four Thonsand Four Hnndred Seventy Nine and 83/100 DOLLARS ($_22_4dd7_9_2~) plus ten
percent of the stated penal sum as an addltlOnal sum of money representing additional court
expenses, attorneys' fees, and hqmdated damages arising out of or connected with the below
identified Contract, m lawful money of the United States, to be paid m Denton County, Texas,
for the payment of which sum well and truly to be made, we hereby 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 _200~lzl.0Z, with the
City of Denton, the Owner, dated the 6 day of March A D _20_03_, a copy of which
is hereto attached and made a part hereof, for Bid # 2630 - Neighborhood Parks and
playgronnd Improvements Pr~ect
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill
all of the undertakings, covenants, terms, condlUons 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
hereto and shall fully remaburse and repay Owner all outlay and expense which the Owner may
incur in making good any default or deficiency, then this obligation shall be void, otherwise, it
shall remain in full force and effect
PB - 1
PROVIDED FURTHER, that if any legal action be filed upon th~s Bond, exclustve
venue shall lie m Denton County, State of Texas
AND PROVIDED FURTHER, that the said Surety, for value received, hereby
supulates and agrees that no change, extension of tune, alteration or addmon 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 obhganon on th~s Bond,
and It does hereby waive notice of any such change, extension of tune, alteranon or addmon to
the terms of the Contract, or to the Work to be performed thereunder, or to the Plans,
Spec~ficauons, Drawings, ere
Thru Bond ~s given pursuant to the prowstons 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 m Denton County to whom any reqms~te nonces may be delivered and on
whom service of process may be had In matters arising out of such suretyship, as prowded by
Amcle 7 19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas
IN WITNESS WHEREOF, th~s instrument is executed ~n 4 cop~es, each one of
whtch shall be deemed an original, th~s the 6 day of March , 2001
ATTEST PRINCIPAL
I~RESIDENT, David ~ Thomsen
&~('l~ SURETY
Wlr~le.ss-- as to Surety Insurance ~om~ny of the West
ATTORNEY-II~-FACT ' ~ -
Sheryl,A. Klutts
The Resident Agent of the Surety m Denton County, Texas for dehvery of notice and serwce
of the process ~s
NAME Pauline Lesch~ Denton C0upt¥ Resident Agent
STREETADDPd~SS 206 Elm St.~ Suite 105, Lemswlle, TX 75057
(NOTE Date of Performance Bond must be date of Contract If Resident Agent ~s not a
corporation, gtve a per$on's name )
PB - 2
PAYMENT BOND
Bond No 172 09 12
STATE OF TEXAS §
COUNTY OF DENTON
KNOW ALL MEN BY THESE PRESENTS That Playground Specmh~ts. Inc..
whose address ~s 1558 Parks~de Trml_ Lewdly,lie, TX 75077, hereinafter called Principal, and
Insurance Compan,¥ of the West , a corporation orgamzed and ex,sung under the laws of the State
of ~lffom~a and fully authorized to transact business ~n the State of Texas, as Surety, are held
and firmly bound unto the C~ty of Denton, a mummpal corporanon orgamzed and ex,sung
under the laws of the State of Texas, heretnafter called Owner, and unto all persons, firms, and
corporations who may furmsh materials for, or perform labor upon, the building or
~mprovements hereinafter referred to, ~n the penal sum of Two Hundred Twenty Four
Thousand Four Hundred Seventy Nme and 83/100 DOLLARS ($224,479 83) m lawful money
of the Umted States, to be prod ~n Denton, County, Texas, for the payment of whmh sum well
and truly to be made, we hereby b~nd ourselves, our hmrs, executors, adm~mstrators,
successors, and assigns, jointly and severally, firmly by these presents Th~s Bond shall
automatmally be ~ncreased by the amount of any Change Order or Supplemental Agreement
whmh ~ncreases the Contract price, but ~n no event shall a Change Order or Supplemental
Agreement whmh reduces the Contract prme decrease the penal sum of thts Bond
THE OBLIGATION TO PAY SAME ~s condmoned as follows Whereas, the
Pnnc~pal entered ~nto a certain Contract, ~dentffied by Or&nance Number _20.02:1.03~, wah
the C~ty of Denton, the Owner, dated the 6 day of March A D _2.01Z[_, a copy of whmh
~s hereto attached and made a part hereof, for B~d 2630 - Neighborhood Parks and Playground
Improvement Pr~ect.
NOW, THEREFORE, ff the Principal shall well, truly and faithfully perform ~ts duties
and make prompt payment to all persons, firms, subcontractors, corporations and claunants
supplying labor and/or material m the prosecution of the Work prowded for ~n sa~d Contract
and any and all duly authorized modfficat~ons of smd Contract that may hereafter be made,
not,ce of which modtficat~ons to the Surety being hereby expressly wmved, then th~s obhgatmn
shall be vmd, otherwise it shall remain ~n full force and effect
PROVIDED FURTHER, that ~f any legal actmn be filed on th~s Bond, exclusive venue
shall he ~n Denton County, Texas
AND PROVIDED FURTHER, that the sa~d Surety, for value received, hereby
stipulates and agrees that no change, ex~ns~on of tune, alteration or add,non to the terms of
the Contract, or to the Work to be performed thereunder, or to the Plans, SpecfficaUons,
Drawings, etc, accompanying the same, shall m anywise affect ~ts obhgat~on on thru Bond,
and ~t does hereby wmve not~ee of any such change, extensmn of tune, alteration or addition to
the terms of the Contract, or to the Work to be performed thereunder, or to the Plans,
Specfficatlons, Drawings, etc
PB - 3
Thts Bond is given pursuant to the provisions of Chapter 2253 of the Texas
Government Code, as amended, and any other apphcable statutes of the State of Texas
The undersigned and designated agent is hereby des,gna:ed by the Surety herein as the
Resident Agent m Denton County to whom any reqms~te notices may be dehvered and on
whom service of process may be had m matters arising out of such suretyshtp, as provided by
Amcle 7 19-1 of the Insurance Code, Vernon's Annotated Clvd Statutes of the State of Texas
IN WITNESS WHEREOF, th~s instrument ~s executed m 4 copras, each one of
which shall be deemed an original, this the 6 day of March, _2.0.02
ATTEST PRINCIPAL
BY
sEci~TARY ' BY .~_ ~_~/tr. ~
PRESIDENT David K Thomsen
WITNESS AS TO SURETY SURETY
Insurance ~om~ny of the West
'StePhhnle L. Pool BY AT --'
Sheryl A Klutts
The Res:dent Agent of the Surety in Denton County, Texas for dehvery of notice and serv:ce
of the process is
NAME Pauline Lesch, Denton County Resident Agent
STREET ADDRESS 206 Elm St., Suite 105, Lemsv~lle, TX 75057
(NOTE Date of Payment Bond must be date of Contract If Res:dent Agent ts not a
corporatton, glve a person's name )
PB - 4
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I
IMPORTANT NOTICE AVISO IMPORTANTE
To obtain mformat~on or make a complaint Para obtencr mformac~on o para sometcr una quqa
You may call the company's toll-free telephone number for Usted puede Ilamar al nambero de telefono grat~s de la
mformat~on or to make a complmnt at companla para mformacton o para someter una queja al
1-800-894-8890 1-800-894-8890
You may write the Texas Department of Insurance Puede comumcarse con el Departamento de Seguros de
P O Box 149104 P O Box 149104
Austin, TX 78714-9104 Austin, TX 78714-9104
FAX # (512) 475-1771 FAX # (512) 475-1771
PRI~MIUM OR CLAIM DISPUTES Should you have DISPUTAS SOBRE PRIMAS O RECLAMOS St t~ene
a d~spute concermng your premium or about a claim you trna d~sputa concermente a su prima o a tm reclamo, debe
should contact the agent or the company first If the comumearse con el agente or la compama prlmero S~ no
d~spute ~s not resolved, you may contact tho Texas se resuelve la d~sputa, puede ententes comumcarse con el
Department of Insurance Departamento de Seguros de ~I exas
ATTACH THIS NOTICE TO YOUR POLICY Th~s UNA ESTE AVISO A SU POLIZA Este awso es solo
not,ce Is for reformation only and does not become a part or para propos~to de mformac~on y no se conv~erte en parte o
condition &the attached document cond~c~on del documento adjunto
Prescribed by the State Board of Insurance Ordenado per el consejo Estatal de D~rectures de Seguros,
Effccttve May I, 1992 Effective el I de Mayo 1991
CITY OF DENTON
INSURANCE REQUIREMENTS FOR CONTRACTORS
Btdder's attentton ts &rected to the tnsuranee requtrements below It ts highly recommended
that bidders confer wtth thetr respecttve tnsurance carriers or brokers to determtne tn advance
of Btd submission the avadabdtty of tnsurance certtficates and endorsements as prescrtbed
and provided heretn. If an apparent low btdder fads to comply strtctly wtth the tnsurance
requtrements, that bidder may be dtsquahfied from award of the contract Upon btd award, all
tnsurance reqmrements shall become contractual obhgat~ons, whwh the successful btdder
shall have a duty to matntatn throughout the course of thts contract
STANDARD PROVISIONS:
Without hmttmg any of the other obhgattons or habdmes of the Contractor, the Contractor shall
provtde and matntatn untd the contracted work has been completed and accepted by the Ctty of
Denton, Owner, the mmtmum msurance coverage as tndtcated heremafter
As soon as practtcable adCter not,carton of btd award, Contractor shall file with the Purchasing
Department sattsfactory certtficates of tnsurance, containing the btd number and tttle of the
project Contractor may, upon written request to the Purchasmg Department, ask for
clartficatton of any insurance requirements at any trine, however, Contractors are strongly
advzsed to make such requests prtor to btd opening, since the insurance reqmrements may not be
modtfied or watved adorer btd opening unless a wrttten exceptton has been submttted wtth the btd
Contractor shall not commence any work or dehver any matertal untd he or she recetves
nottficatton that the contract has been accepted, approved, and stgned by the City of Denton
All insurance pohctes proposed or obtamed tn sattsfactton of these reqmrements shall comply
wtth the following general spect~cattons, and shall be maintained tn comphance wtth these
general specifications throughout the duration of the Contract, or longer, tf so noted
· Each pohcy shall be ~ssued by a company authorized to do business ~n the State of
Texas w~th an A M Best Company rating of at least A
· Any deductibles or self-insured retentions shall be declared ~n the b~d proposal If
requested by the C~ty, the insurer shall reduce or ehmnnate such deductibles or
self-insured retentions with respect to the C~ty, its officials, agents, employees and
volunteers, or, the contractor shall procure a bond guarantemng payment of losses
and related ~nvesUgat~ons, clmm adxrnmstratton and defense expenses
· Liability pohc[es shall be endorsed to prowde the following
oo Name as adchtlonal ~nsured the C~ty of Denton, ~ts Officials, Agents,
Employees and volunteers
· o That such xnsurance is primary to any other ~nsurance avmlable to the
additional insured with respect to clmms covered under the policy and that this
insurance applies separately to each insured agmnst whom clmm is made or
suit is brought The inclusion of more than one insured shall not operate to
increase the ~nsurer's hrmt of hablhty
· All pohcles shall be endorsed to rand:
"SAID POLICY SHALL NOT BE CANCELLED, NONRENEWED OR
MATERIALLY CHANGE WITHOUT 30 DAYS ADVANCED WRITTEN
NOTICE BEING GIVEN TO THE OWNER (CITY) EXCEPT WHEN THE
POLICY 1S BEING CANCELLED FOR NONPAYMENT OF PREMIUM IN
WHICH CASE 10 DAYS ADVANCE WRITTEN NOTICE IS REQUIRED"
· Should any of the required insurance be prowded under a clarms-made form,
Contractor shall marntarn such coverage continuously throughout the term of th~s
contract and, w~thout lapse, for a period of three years beyond the contract exp~ratxon,
such that occurrences arising dunng the contract term which gxve 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 hmlt provl&ng for claims mvestxgatlon or legal
defense costs to be included m the general annual aggregate hmat, the Contractor
shall either double the occurrence hnuts or obtmn Owners and Contractors Protectave
Dablhty Insurance
· Should any required insurance lapse dunng the contract term, requests for payments
originating after such lapse shall not be processed until the City receives satisfactory
evidence of reinstated coverage as mqmred by this contract, effective as of the lapse
date If insurance is not reinstated, C~ty may, at ~ts sole optaon, terrmnate th~s
agreement effective on the date of the lapse
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS:
All insurance pohctes proposed or obtatned tn sattsfactton of thts Contract shall addmonally
comply wtth the followtng marked spectficauons, and shall be maintained m comphance wtth
these addmonal spec~ficatwns throughout the duration of the Contract, or longer, if so noted
[X] A General Liability Insurance
General Dab~hty insurance with combined single hrmts of not less than ~;~00:00t)
shall be provided and mmntarned by the Contractor The pohcy shall be written on
an occurrence basis either ~n a single policy or m a comb~natmn of underlyang and
umbrella or excess policies
If the Commemlal General Liability form (ISO Form CG 0001 current edxtmn) is
used
· Coverage A shall include prermses, operations, products, and completed
operations, independent contractors, contractual liability covenng this
contract and broad form property damage coverage
· Coverage B shall include personal injury
· Coverage C, mechcal payments, is not required
If the Comprehensive General Liability form (ISO Form GL 0002 Current Echtlon
and ISO Form GL 0404) is used, it shall include at least
· Bochly injury and Property Damage L~ablhty for prenuses, operations,
products and completed operations, independent contractors and property
damage resultang from explosion, collapse or underground (XCU)
exposures
· Broad form contractual liability (preferably by endorsement) covenng this
contract, personal injury liability and broad form property damage liability
[X] Automobile Liability Insurance'
Contractor shall provide Commercial Automobile Liability insurance with Combined
Single Llrmts (CSL) of not less than ~300:OOO either in a single policy or in a
comblnatmn 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
Satlsfactaon of the above reqmrement shall be in the form of a policy endorsement for
· any auto, or
· all owned, hired and non-owned autos
IX] Workers Compensation Insurance
Contractor shall purchase and matntaln Worker's Compensation insurance which, in
adchtlon to meetang the nummum statutory requirements for issuance of such insurance,
has Employer's Liability hrmts of at least $100,000 for each accident, $100,000 per each
employee, and a $500,000 policy hrmt for occupational chsease The City need not be
named as an "Adchtlonal Insured" but the insurer shall agree to wmve all rights of
subrogation agmnst the City, its officials, agents, employees and volunteers for any work
performed for the City by the Named Insured For building or construction projects, the
Contractor shall comply with the provisions of Attachment 1 in accordance with
§406 096 of the Texas Labor Code and rule 28TAC 110 110 of the Texas Worker's
Compensation Commasslon (TWCC)
[ ] Owner's and Contractor's Protective Liability Insurance
The Contractor shall obtain, pay for and mamtaln at all times during the prosecution of
the work under this contract, an Owner's and Contractor's Protective Lmbihty insurance
policy narmng 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 cames the Contractor's hablhty 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 Lurers of not
less than each occurrence are reqmred
Professional Liablhty Insurance
Professional habthty insurance with hnuts not less than per claim with
respect to neghgent acts, errors or ormsslons in connection with professional services is
required under ttus Agreement
[ ] Builders' Pdsk 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 ad&tlonal msurance is reqmred for a specific
contract, that requirement will be described m the "Speclhc Conditions" of the contract
specifications
ATTACHMENT 1
[X] Worker's Compensation Coverage for Braiding or Construction ProJects for
Governmental Entitles
A Definitions
Certffmate of coverage ("certffmate")-A copy of a certlhcate of insurance, a
certificate of authority to self-insure ~ssued by the cormmsslon, or a coverage
agreement (TWCC-S1, TWCC-82, TWCC-$3, 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 prowchng servmes on the project ("subcontractor" m §406 096) - includes all
persons or entities perfonmng all or part of the services the contractor has undertaken
to perform on the project, regardless of whether that person contracted dxrectly with
the contractor and regardless of whether that person has employees Th~s xncludes,
wxthout hrmtation, independent contractors, subcontractors, leasing companies,
motor carriers, owner-operators, employees of any such entity, or employees of any
entity which furmshes persons to provide services on the project "Services" ~nclude,
w~thout hmltaUon, providing, hauhng, or dehvenng equipment or materials, or
providing labor, transportation, or other service related to a project "Services" does
not include act~wties unrelated to the project, such as food/beverage vendors, office
supply dehverles, and dehvery of portable tmlets
B The contractor shall provide coverage, based on proper repomng 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 prowdmg services on the project, for the duration of the project
C The Contractor must provide a certificate of coverage to the governmental entity
prior to being awarded the contract
D If the coverage period shown on the contractor's current certificate of coverage ends
dunng the duration of the project, the contractor must, prior to the end of the
coverage period, file a new certificate of coverage with the governmental entity
showing that coverage has been extended
E The contractor shall obtmn from each person provlchng services on a project, and
prowde to the governmental entity
(1) a certificate of coverage, prior to that person begmmng work on the project, so
the governmental entity w~ll have on file certificates of coverage showing
coverage for all persons providing serwces on the project, and
(2) no later than seven days after receipt by the contractor, a new cemflcate of
coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends dunng the duration of the project
F The contractor shall retmn all mqmred certificates of coverage for the duration of the
project and for one year thereafter
G The contractor shall not~fy the governmental entnty in writing by certified mml or
personal dehvery, w~th~n l0 days after the contractor knew or should have known, of
any change that materially affects the provision of coverage of any person prowchng
services on the project
H The contractor shall post on each project site a not~ce, ~n the text, form and manner
pmscnbed by the Texas Workers' Compensation Comrmsslon, lnfornung all persons
prowdmg services on the project that they are required to be covered, and stating
how a person may verify coverage and report lack of coverage
I The contractor shall contractually require each person w~th whom ~t contracts to
prowde services on a project, to
(I) provide coverage, based on proper mpomng 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 ~ts
employees providing services on the project, for the duration of the project,
(2) provide to the contractor, prior to that person beglnmng work on the project, a
certificate of coverage showing that coverage ~s being prowded for all
employees of the person prowdlng services on the project, for the durauon of
the project,
(3) prowde the contractor, prior to the end of the coverage period, a new cemficate
of coverage showing extension of coverage, if the coverage period shown on
the current ce~flcate of coverage ends dunng the duratmn of the project,
(4) obtmn from each other person with whom ~t contracts, and provide to the
contractor
(a) a certsficate of coverage, prior to the other person beg~nmng work on the
project, and
(b) a new cerUhcate of coverage showing extensmn of coverage, prior to the
end of the coverage period, if the coverage period shown on the current
cemficate of coverage ends dunng the duration of the project,
(5) retain all required certificates of coverage on file for the durauon of the project
and for one year thereafter,
(6) notify the governmental entity m writing by certified mall or personal delivery,
within 10 days after the person knew or should have known, of any change that
matermlly affects the prowslon of coverage of any person provlchng services
on the project, and
(7) contractually require each person with whom it contracts, to perform as
required by paragraphs (1) - (7), with the certnficates of coverage to be
provided to the person for whom they are provlchng services
J By signing this contract or prov~chng or causing to be provided a cerUflcate of
coverage, the contractor Is representing to the governmental enmy that all employees
of the contractor who will provide services on the project will be covered by workers'
compensatson coverage for the duration of the project, that the coverage wall be
based on proper reporting of classification codes and payroll amounts, and that all
coverage agreements will be filed with the appropriate insurance camer or, in the
case of a self-insured, with the comnusslon's Division of Self-Insurance Regulation
Provlchng false or nnsleathng mformat~on may subJeCt the contractor to
adrmmstrat~ve penalues, cnn'anal penalties, civil penalues, or other civil actions
K The contractor's fmlure to comply with any of these provisions ~s a breach of contract
by the contractor which enutles the governmental entity to declare the contract void
if the contractor does not remedy the breach within ten days after receipt of notice of
breach from the governmental entity
Bid 2630- Neighborhood Parks and Playground ProJect - CONTRACT, Bonds & INS 3-2001
SECTION 00300 - PROPOSAL(BID) FORM
Time' 2 p m
Date February 6, 2001
To Purchasing Agent
C~ty of Denton, Texas
901-B Texas Street
Denton, Texas 76201
Gentlemen
The undersigned hawng examined the Contract Documents entitled
Neighborhood Parks and Playgrounds Improvement Project Improvement ProJect
Bid # 2630
And having visited the s~tes of the proposed construcbon, and hawng famd~anzed h~mself w~th
the local conditions affecting the cost of the work, and w~th all addenda to the sa~d documents,
hereby proposes to furmsh all superv~smn, labor, matenals, equipment, tools, and accessones
and to do all work within all of the parks ~n accordance w~th sa~d documents and addenda
thereto for the st~oulated sum of
/JI',~G~U-~,~Lr' ~)¥/r)~( ~ ~U-.~ c..~-. /~.~5 Dollars($~-~J~',..~1~.,(/)~07~ )
Total I~as~' Bid - ' ~ ~ ~
Incorporated into the Prolect $
Total
Materials
Total Labor, Supervision and Materials Not
Incorporated intothe Prolect* $ .~1/ ~'~'/,
*Sum of these two hnes equal Total Base B~d for alt Parks
INDIVIDUAL PARK BASE BIDS
The undersigned b~dder hawng examined the contract documents for each mdw~dual park and
hawng ws~ted each individual s~te of the proposed construcbon and having famd~anzed himself
w~th the local conditions of each s~te affecting the cost of work and with all addenda to the said
documents, hereby proposes to furmsh all superv~smn, labor, materials, equipment, tools and
accessories and to do all work ~n each ~ndlwdual park s~te ~n accordance w~th sa~d documents
and addenda for the stipulated sum dehneated below
The C~ty's intent ~s not to Issue a separate contract for each park but to ~ssue one contract for all
parks to be constructed The City may use the following stipulated cost for each park to
ehm~nate one or more of the parks enbrely from the contract to ensure that the project ~s w~th~n
budget
Avondale Park Cost ~)J~' ~ j_./~jl,~/ ~L~ Dollars($5~.0q~,~)
Total Mater, als Incorporated ,nto the Prole~ $ ~9: Z3~. ~
Total Labor. Suoew~s~on and Materials Not
Incorporated into the Prolect* $ I J~' ?~
*Sum of these ~o hnes equal Total Base B~d for Avondale Park
Bowhng Green Park Cost hl~ ~17~ -~1'1/~ Dollars (~b)
Total Matenals Incomorated ~nto the Pro~ect $ ~: ~.~/. Z~
Total Labqr,Supew~s~on and Materials Not
Incorporated Intothe Prole~* $ ~; ~
*Sum of these two hnes equal Total Base B~d for Bowhng Green Park
Evers Park Cost ~V~ ~ ~ [~ -~ ~ Dollars ($
Total Materials Incorporated ,nto the Prole~ , 10/~q, I~
Total Lab0r,Supe~s~on and Materials Not
Incomorated ,nto the Prolect* $ ~/ ~, ~
*Sum of these two hnes equal Total Base B~d for Evers Park
Total Materials Incorporated ~nto the Pro~ect $ ~; ~ ~: ~ ~
Total Labor. Suoe~s~on and Materials Not
Incorporated Intothe Prolect* $ ~ ~ ~
*Sum of these ~o hnes equal Total Base B~d for Mack Park - South
Mack ~ark - ~o~h Cost. . Dollars
Total Materials Incorporated ,nto the Prolect $ ~/~0?,
Total Labor,Supe~s~on and Matenals Not
Incorporated into the Prolect* $ ~ ,~ II
*Sum of these two hnes equal Total Base B~d for Mack Park - No~h
.... ~ ....... ~ ....... ~. ....... ~ .................. 00300-2
M,lam Park Cost d~'.~l.~'
Total Materials Incorporated into the Prole~ $
Total Labgr, Supe~s~on and Materials Not
Incorporated Into the Prolect* $ I~;
*Sum of these two hnes equal Total Base B~d for M~lam Park
ALTERNATES
Alternate #1 - - Add - Furmsh and ~nstall GameT~me's K~dTime 'Toddler Four' play equipment m
the playground located as dehneated In Section 01100 and on Sheet SL-4
T~'tal Alternate , C,' '
Total Materials Incorporated ~nto the Prolect $ ~, ~-.~, 2/~
Total Lab0r, Supervlslon and Materials Not Incorporated Intothe Prolect$ L ~'q'~' ~
Alternate #2 - - Add - Construct 8' w~de concrete h~ke and b~ke trml from Bowhng Green Street
to connect to the ex~st~ng North Lakes Park Trml north of Windsor Drive as dehneated ~n Section
01100 and shown on Sheet SL-6 .
~:;~, Dollars($
Total Alternate
Total Materials Incorporated Into the Prolect $
Total Labor, Superv~mon and Matenals Not Incorporated ~nto the Prolect$ ~ ~,~ ¢-'/ 'TJ'"-
......~ ....... ..or~., ..................... ,,.,. .................... 00300-3
UNIT PRICES
The undersigned agrees that the following unit prices wdl apply to adjust quantities of matenals
~nd~cated on drawings Pnces are for matenals furmshed and ~nstal~ed It ~s further agreed that
the quanbt~es of work to be done at unit prices and material to be furmshed may be ~ncreased or
d~m~mshed, as ma)/be considered necessary ~n the op~mon of the Owner's Representative, and
that all quanbt~es of work, whether increased or decreased, are to be performed at the unit
prices set forth below except as provided for ~n the specifications All umt pnces are for addition
or deletion
PAVING COMPONENTS (FURNISH & INSTALL)
6" re~nforced concrete pawng ~ ¢¢) Dollars per S F
6" standard curb & gutter ~ I¢~) Dollars per L F
5" re~nforced trail, 8' w~de Z~. ~)6) Dollars per L F
5" re~nforced concrete flatwork ~-, rT.~"- Dollars per S F
8" SCH 40 PVC swale crossing '~, (J:)'~ Dollars per L F
Saw-Cut and remove ex~st~ng Tra~l
Pavement ?~C) 6'~ Dollars per S F
Curb Ramp r7.~'D (~ Dollars each
TURF COMPONENTS (FURNISH AND INSTALL)
Dnll Seeded Bermuda grass o ~ Dollars per S F
Hydrocast Seeded Bermuda grass , ~ Dollars per S F
Hydromulched Bermuda grass , ~E) Dollars per S F
EROSION CONTROL (FURNISH AND INSTALL)
S~ltat~on Fabric Darner- Penmeter ~-, I~' Dollars per L F
Sdtat~on Fabric Darner- Swale Z, I ~ Dollars per L F
Stablhzed Construcbon Entrance/Exit ~'~) CO Dollars each
Staked Erosion Control Matting ~- ~ Dollars per S Y
Staked Common Bermuda Sohd Sod ~ ~-~) Dollars per S Y
PLAYGROUND COMPONENTS (FURNISH AND INSTALL)
Playground border ~ ~ Dollars per L F
Playground border integral w/walkway ~/ r~ ~' Dollars per L F
..... .. ........ ..~ ......... ,¢. ....... ,.,.o ...... .- .. ..... 00300-4
Playground Access Ramp f"/,.~-t~), i~ Dollars per -L.,'P ~,~:~¢-3
MISCELLANEOUS (FURNISH AND INSTALL)
RT Triple Dnnkmg Fountmn w/8' x 12'
Concrete Pad 3; ~/~, L~ Dollars per each
Import and Place off-rote Soil ~'~ B0 Dollars per C Y
Accessible Parking Space - Sheet SL-3 2: I ~'.~. ~/~ Dollars per each
4' Ht V~nyl Coated Fence w/Mow Edge ,.~' L~3 Dollars per L F
8" SCH 40 PVC Drmn P~pe ~2- ~ Dollars per L F
North of McK~nney Street
Under Mack Park Playground
Bench w~th Concrete Pad ~ ~ ~ Dollars per each
ADDENDA
Acknowledge receipt of the following addenda which are part of the B~dd~ng Documents by
placing Addendum #, ~ate ~ssued and m~t~ahng
Addendum No / /I~Y 'Z'/~'/~c~d end u m N o
Addendum No Addendum No
The undersigned bidder hereby declares that he has visited the rote of the work and has
carefully examined the Contract Documents pertalmng to the work covered by the above
b~d, and he further agrees to commence work within ten(10) days after date of written
notic.e to proceed and to substantially complete the work on which he has bid within
/~{~ Consecutive calendar days subject to such extensions of
bme allowed by specifications
The undersigned b~dder agrees that h~s b~d shall be good and may not be w~thdrawn for a penod
of 60 calendar days after the scheduled clomng t~me for receiving bids
The undersigned b~dder understands that the Owner reserves the nght to reject any or all bids
and to waive any ~nformahtles in the bidding
BID GUARANTY
Enclosed w~th th~s Bid ~s a Cerbfled Check for
Dollars ($ )
or a B~d Bond ~n the sum of
which ~t ~s agreed shall be collected and retained by the Owner as hqu~dated damages in the
event th~s Bid ~s accepted by the Owner w~th~n 60 days after the b~ds are received and the
undermgned fads to executed the Contract and the required Bonds w~th the smd Owner w~th~n
ten (10) days after the date smd B~d ~s accepted otherwise smd check or bond shall be returned
to the undersigned upon demand
Contr (fir name
~~//'~ (I, corporat,on, attest and aff,x
Authonzed S~grYature a Corporate Seal)
T~tle
Address / _~"~ p,~..~-,.~-./&~.ar~
City, State, Z~p Code .,,~,~ ~,~J/
Telephone ~;:~/0 ,- '~-cr'7% ~...~?~
*If B~dder ~s a Corporation
(End of Sectmn)
Addendum # 1
Please see the attached changes to Bid 2630.
At this time no other changes
This form should be signed and resumed wtth your
Signature
FEB 02 0~ (FRI) ~1 10 C~T¥ OF DENTON PUROMAgINO 940 ~49 ?~0~ PAOg 4/7
DunKIn 81mB 8tof~l~,,.!no.
Fel~m&'y :2,
ADDBNDUM NUMBER ONE
~ ~ R~ Troll, Suffe 210
~ ~ - DHnM~ Foun~I~
~ mw d~mg ~Mn~ tr~ 'J e~ 4 Foumein( ~ ~T mpm knell
~t~0, 8 ~ ~ d~ In--fid maun% 2~~ OD ~nlzed fr~ ~ lan*
item M, - Fiber Plmygr(mnd SMely SuHeoe ~- ALTBR~TE
~u~ M ~ W ~, ~ ~ bid ~od FlOr oushlon Mth imln
'A' Fll~m ~ ~ the ~ ~po~B~ fo~ ~d eu~ ~t w)~ the bid p~e
~RH~~UND PROJECT 1
O~ OF DENTON. T~
Contm~or
By
EXHIBIT 'A' ,
Aadendum #1 ~
NEIGHBORHOOD PARKS AND PLAYGROUND IMPROVEMEN~rs
Bid # 2630 ~
Denton, Texas
^DDITIONAL ALTERNATE8
Alterm~te g~. A~ ar ~ (Gircle une) - FlOr Gysmm 31 ~ Pl~ygmun~ Gus~lo~ng-
Furnmh and In~ll Fl~Mm~ a~ fl~R m~ ~ 12" ~ ~ Fib~ W~ ~lon
mltehil in lleu of the ~yground and ~g ~lt~ delln~t~ in I~m ~ ~?
adde~ Affem~ ~ ~11 I~e thlt ~lt~ wit~ .11 of the nw plavflmunas
a~ the ~ed ~lons ~ ~e ~difl~ pl~eun~ The expand~ dratne~ system
shall ~nnW 10 t~ ~tlfle dml~ge ~mt w~h~ t~ ~a~rounds ~
' T~I M~flalB In~ I~ the Pm~ $ -- O ~ ~
' ~ ~m of ~m ~ lines equals the T~ AEemate ~ C~ i
~ ~ Ad~ GT-X ~u~ Sy~m Rub~r Mats - I
Furn~t afld kt~[ifl U~II[ (8) ~me ~me GT-X mb~r mm~ u~er the pmpoeed ewlng~
~ Mine~ ~n Item ~ ~lhls ad~m I
,
' T~I Uab~. 8uNwlmlon & M~nBI~ not I~r~d ldo fha ~lo~ 8-- ~ - ~
' T~I sum of ~e ~ I1~ ~U~ t~ Troll A~rflmte M coat ~
A eEN~LmBIUY XD5078401 06/30/00:06/30/01 EACHOCOURR~N~
~ ~N~ ~ ADVINJURY
A ~OMOB{~ ~ 1;5~'784 06/30/00 ~ 06/30/01
~ NON ~NiD{A~
A ~e~ 135078401 06'/30/00 06/30/01 EACHOOOV~R~N~
an additior~ ins~ on ~e li~ility policie~ o~ ~he nam~ insure, bu~
only with 2~ee~ to and :o the extent o~ ~he liabilities assa~ by the
insur~ uae ~ ~is oontrac~ agre~ent And ~at such insurance is primary
(See Attac2 ~
321 ~. MC~t~qey Street
ASRDi6.1~a~ Of 3 $26607 ~ ~H e~O~Arl~l~8
.... ~ecl, non. renewed ?r naterl.ally chanq_~l._ .' '~ ~'~
~~t~;~a~celI~ for nonpa~en~ o~ pr~iul in
which case~ lO~ days aflvance ~t- ' ' , . ,,o, ;. 'i~en notice is re~ir~.
~s2sa(0~A~3 of 3 ~26607