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1999-003 O INANCENO AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR PARK IMPROVEMENTS AT BOWLING GREEN, CIVIC CENTER AND NETTE SCHULTZ PARKS, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE (BID # 2317-PARK IMPROVEMENTS AWARDED TO PLAYGROUND SPECIALIST, INC IN THE AMOUNT OF $155,739) WHEREAS, the City has sohclted, received and tabulated competitive bids for the construction ofpubhe works or improvements m accordance with the procedures of STATE law and City ordinances, and WHEREAS, the Caty Manager or a designated employee has received and recommended that the herein descnbed bids are the lowest responsible bids for the construction of the public works or improvements described in the bid invitation, bid proposals and plans and specifications therein, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the following competitive bids for the construction of public works or lmprovemants, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids BID NUMBER CONTRACTOR AMOUNT 2317 PLAYGROUND SPECIALIST, INC $155,739 SECTION li 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 Not, ce to B~dders including the timely execution of a wntten contract and fummhlng of performance and payment bonds, and insurance certificate after notification of the award of the bid SECTION III That the City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, prowded that such contracts are made in accordance with the Not, ce to B~dders and Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contaaned therein SE,~TION IV That upon acceptance and approval of the above competitive b~ds and the execution of contracts for the pubhc works and ~mpmvements as authorized here~n, the C~ty Counml hereby authorizes the expenditure of funds ~n the manner and ~n the mount as spemfied ~n such approved b~ds and authorized contracts executed pursuant thereto SECTION V That ttus ordinance shall become effective ~mmed~ately upon ~ts passage and approval PASSED AND APPROVED thls the ,~--~---~ dayof ~4~~1999 JACK~LER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY 2317 PARK IMPROVEMENTS CONTRACT ORDINANCE ATTACHMENT #1 TABULATION SHEET BID # 2317 BID NAME PARK IMPROVEMENT AT BOWLING RANDALL PITTMAN INTREPID J G ~LAYGROUND GREEN, CIVIC CENTER, NETTE & BLAKE CONST BUILDERS SPECIALIST SCHULTZ PARKS DATE 15.Dec-98 TOTAL BID AMOUNT $15t,978 00 $135,501 00 $22t,058 64 $121,868 95 $128,725 00 t 8' Wide Concrete Trails $13,314 00 $8,400 00 $16,636 00 $10,488 00 $8,100 00 2 Bawcuts and Curb Patch $425 00 $3,000 00 $2,960 00 $2,242 50 $1,500 00 3 Access Ramps & Temp $550 00 $1,500 00 $1,875 00 $2,t 52 80 $1,080 00 Paving at Bowling Green Park 4 Playground Safety Surfacing $29,046 00 $38,333 00 $50,t48 00 $57,465 95 $23,074 00 5 Access Ramps Civic Center Park, $t,025 00 $2,100 00 $t,780 0(3 $1,242 00 $1,360 00 Nette 8chult Park 3 CONTRACT AGREEMENT STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT, made and entered into fins S day of JANUARY A.D., 1999, by and between CITY OF DENTON of the County of DENTON and State of Texas, actmg through MICHAEL W. JEZ, City Manager, thereunto duly authorized so to do, hereinafter termed "OWNER," and PLAYGROUND SPECIALISTS, INC. 1558 PARKSIDE TR. LEWISVILLE, TX 75067 of the City of LEWISVILLE County of DENTON and State of TEXAS, hereinafter termed "CONTRACTOR" WITNESSETH That for and m consideration of the paymems and agreements hereinafter mentioned, to be made and performed by OWNER, and under the condiuons expressed m the bonds attached hereto, CONTRACTOR hereby agrees w~th OWNER to commence and complete performance of the work specified below BID # 2517 - PARK IMPROVEMENTS AT BOWLING GREEN, CIVIC CENTER AND NETTE 'SCHULTZ PARKS in the amount of $155,739 and all extra work in connection therewith, under the terms as stated in the General Conditions of the agreement, and at his (or their) own proper cost and expense to furmsh all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other acgessorles and services necessary to complete the work specified above, m accordance with the conditions and prices stated in the Proposal attached hereto, and in accor~mce 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 m CA- 1 accordance with the plans, which includes all maps, plats, bluepnms, and other drawings and primed or written explanatory matter thereof, and the Specifications therefore, as prepared by SCHRICKEL, ROLLINS AND ASSOCIATES, INC all of which are made a part hereof and collectively evidence and constitute the emire 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, wlthholdmg, social security taxes, vacation or sick leave benefits, worker's compensation, or any other City employee benefit City shall not have supervision and control of Contractor or any employee of Contractor, and it is expressly understood that Contractor shall perform the services hereunder according to the attached speclficatauns at the general direction of the City Manager of the City of Denton, Texas, or his designee under this agreemem Indemnification Comractor shall and does hereby agree to lndenmlfy and hold harmless the Clty 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 neghgem act of Contractdr, its officers, agents, employees, mvltees, and other persons for whom it is legally liable, with regard to the performance of this Agreement, and Comractor 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 m the courts of Demon 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 in the Proposal, subject to such extensions of tune as are provided by the General and Special Condmons The OWNER agrees to pay the CONTRACTOR in currem funds the price or prices shown in the Proposal, which forms a part of this contract, such paymems to be subject to the General and Special Conditions of the Contract CA - 2 IN WITNESS WHEREOF, the parties bf these presents have executed thru agreement in the year and day first above written. ATTEST (_y .... ? qOWN? "--cf a "' (SE^L) .N 12 R 1558 Parkslde Tr Lew~svllle, TX 75067 MAILING ADDRESS (972)221-1936 PHONE NUMBER (940)241-1331 FAX NUMBER BY President TITLE David K. Thomsen CA - 3 PERFORMANCE BOND BOND NO. 1341642 STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS That PLAYGROUND SPECIALISTS, INC., whose address is 1558 PARKSIDE TR., LEWISVILLE, TX 75067, hereinafter called Principal, and AMWEST SURETY INSURANCE COMPANY , a corporation organized and exmtmg under the laws of the State of TEXAS, 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 mumclpal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, In the penal sum of ONE HUNDRED FIFTY FIVE THOUSAND SEVEN HUNDRED THIRTY NINE and no/100 DOLLARS ($155,739) plus ten percent of the stated penal sum as an additional sum of money representing additional court expenses, attorneys' fees, and liquidated damages arising out of or connected w~th the below :dentlfied Contract, ~n 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 he,rs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents Th~s Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement which increases the Contract price, but ~n no event shall a Change Order or Supplemental Agreement which reduces the Contract price decrease the penal sum of thru Bond THE OBLIGATION TO PAY SAME ~s conditioned as follows Whereas, the Principal entered into a certain Contract, Identified by Ordinance Number 99-003, with the C~ty of Denton, the Owner, dated the 5 day of JANUARY A.D. 1999, a copy of which ~s hereto attached and made a part hereof, for BID # 2317 - PARK IMPROVEMENTS AT BOWLING GREEN, CIVIC CENTER AND NETTE SCHULTZ PARKS. NOW, THEREFORE, If the Principal shall well, truly and fmthfully perform and fulfill all of the undertakings, covenants, terms, conditions and agreements of said Contract m accordance with the Plans, Specifications and Contract Documents during the original term thereof and any extension thereof which may be granted by the Owner, w~th or w~thout not~ce to the Surety, and during the hfe of any guaranty or warranty required under thru 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 smd Contract that may hereafter be made, notme of which modifications to the Surety being hereby waived, and, ~f 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 Prlncxpal shall fully indemnify and save harmless the Owner from all costs and damages whmh Owner may suffer by reason of failure to so perform hereto and shall fully reimburse and repay Owner all outlay and expense whmh the Owner may recur m making good any default or deficxency, then th~s obhgat~on shall be votd, otherwme, ~t shall remain in full force and effect PB - 1 PROVIDED FURTHER, that if any legal action be filed upon this Bond, exclusive venue shall lie in Denton County, State of Texas AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of tune, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specfficatmns, Drawings, etc, accompanying the same, shall m anywise affect its obligation on this Bond, and it does hereby waive notme of any such change, extension of tune, 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 provmlons 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 requmte notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Article 7 19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas IN WITNESS WHEREOF, th~s mstrument is executed in 4 copras, each one of which shall be deemed an original, this the $ day of JANUARY 1999. ATTEST PRINCIPAL PLAYGROUN.,D,~. PECIALISTS, INC-_- ~IiLESIDENT, DAVID K. THOMSEN &t~(~ SURETY WITNESS AS TO SURETY ATTORNEY-I~-F'ACT, .~)~LER.YL A KLUTTS The Resident Agent of the Surety m Denton County, Texas for delivery of notice and service of the process m NAME RAMEY & KING INSUiLANCE ASSOCIATES, INC STREET ADDRESS 830 S 1-35E, SUITE A, DENTON, TX 76205-7829 (NOTE Date of Performance Bond must be date of Contract If Resident Agent ts not a corporation, give a person's name ) PB - 2 PAYMENT BOND BOND NO 1341642 STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS That PLAYGROUND SPECIALISTS, INC., whose address is 1558 PARKSIDE TR., LEWISVILLE, TX 75067, harelnafier called Principal, and AMWEST SURETY INSURANCE COMPANY , a corporation orgamzed and exmtmg under the laws of the State of TEXAS, and fully ~uthor~zed to transact business m the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a mumc~pal corporation orgsmzed and ex~stmg under the laws of the State of Texas, hereinafter called Owner, and unto all persons, firms, and corporations who may furmsh materials for, or perform labor upon, the bmldmg or improvements hereinafter referred to, m the penal sum of ONE HUNDRED FIFTY FIVE THOUSAND SEVEN HUNDRED THIRTY NINE and no/100 DOLLARS ($155,739) m lawful money of the Umted States, to be pa~d m Denton, County, Texas, for the payment of wfuch sum well and truly to be made, we hereby bind ourselves, our he~rs, executors, administrators, successors, and assigns, jointly and severally, f'wmly by these presents Th~s 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 :s cond:Uoned as follows Whereas, the Principal entered into a certain Contract, ldenufied by Ordinance Number 99-003, w~th the City of Denton, the Owner, dated the 5 day of JANUARY A.D. 1999, a copy of which is hereto attached and made a part hereof, for BID # 2317 - PARKS IMPROVEMENTS AT BOWLING GREEN, CIVIC CENTER AND NETTE SCHULTZ PARKS. NOW, THEREFORE, ~f the Principal shall well, truly and faithfully perform its duties and make prompt payment to all persons, firms, subcontractors, corporations and clannants supplying labor and/or materml m the prosecuUon of the Work provided for :n sa:d Contract and any and all duly authorized modifications of sa~d Contract that may hereafter be made, not~ce of wh:ch mod:ficatlons to the Surety bemg hereby expressly waived, then th~s obhgatlon shall be void, otherwise it shall remain ~n full force and effect PROVIDED FURTHER, that ~f any legal action be filed on this Bond, exclusive venue shall he m Denton County, Texas AND PROVIDED FURTHER, that the sa~d Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addmon to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc, accompanying the same, shall m anywise affect its obhgatlon on this Bond, and ~t does hereby waive not~ce of any such change, extension of time, alteration or addlUon to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, SpecxficaUons, Drawmgs, etc PB - 3 This Bond m given pursuant to the provisions of Chapter 2253 of the Texas Government Code, as amended, and any other ~lpphcable statutes of the State of Texas The undersigned and demgnated agent m hereby designated by the Surety herein as the Resident Agent m Denton County to whom any reqmmte notmes may be delivered and on whom service of process may be had m matters arising out of such suretyship, as provided by Article 7 19-1 of the Insurance Code, Vernon's Annotated Clwl Statutes of the State of Texas IN WITNESS WHEREOF, this instrument m executed m 4 cop~es, each one of which shall be deemed an original, this the 5 day of JANUARY 1999. ATTEST PRINCIPAL PLAYGROUI~ SPECIALISTS, INC__ SECRETARY PRESIDENT, DAVID K rHOMSEN XPI~[I'I SURETY WITNESS AS TO SURETY The ResidentAgentoftheSuretym Denton County, Texas for delivery of notmeand service ofthe processm NAME R^MEY & KING INSURANCE ASSOCIATES~ INC STREET ADDRESS 830 S 1-35E, SUITE A, DENTON, TX 76205-7829 (NOTE Date of Payment Bond must be date of Contract If Restdent Agent ts not a corporation, gtve a person ~s name ) 2317 CONTRACT&BONDS PB - 4 POWER NUMBER 0000873273 Expiration Date This document is nnnted on whit= paper contalmng the artlficml watermarked logo ( ~ ) of Amwest Surety Insurance Company on the front and brown security paper Y ...... ~__ _~. t. ...... on This POA Is ooverned by the laws of the State of Nebraska and Is only vahd untd the on the back Only unaltared on~na s of the Llrmted Power of Attorney ('POA') are va d Th~s POA may not be used m conlunct~on w~th any other POA No I dtatr~butadw~thouttbepermtaslonoftbeCompany Anyparty~n~emedab~utthavahth~y~fthtsP~A~ranacc~mpan~ngC~r~panybendsh~u~dca~y~ur~calAmwest branch office at KNOW ALL BY THESE PRESENT, that Amwest Surety Insurance Company, a Nebraska corporation does hereby make constltate and appoint John A Miller Sheryl A Klutts John A Miller, II K R Harvey As Employees of JOHN A MILLER its true and lawful Attorney ul-faet, vath hrmted power and authority for and on behalf of the Company as surety to execute dehver and affix the seal oftbe company thereto as follows Bid Bonds up to $1,000,000 00 Contract Bonds up to $2~500,000 00 License and Permit Bonds up to $100,000 00 Miscellaneous Bonds Up To $250,000 00 Small Business Admbtratlou Bonds up to $1,250,000 00 andtobmd tbecompanythemby Thlsappomtment ls made under andbyauthomyoftheBy Laws oftbe Company which are nowm full forceand effect I, the undersigned secretary of Amwest Sure~y Insurance Company, a Nebraska corporation DO HEREBY CERTIFY that th~s Power of Attorney remains ~n full force and that the relevant provisions of the By-Laws of each company are now in full force and effect * * * * * * * * * * * * * * * * * RESOLUTIONS OF THE I~0ARD OF DIRECTORS * * * * * * * * * * * * * * * * * * * * * * * * * * * This POA Is signed and sealed by facsltrllle under and by the authority of the following resolutions adopted by the Board of Directors of Amwest Surety Insurance Company at a meeting duly held on December 15, 1975 authorl[y as defined or hmttad In the instrument ewdencmg the appomtwent m each case, for and on behalf of the Company, to execute and dehver and affix the seal of the Company to bonds, undertakings, recognizances and suretyship obhgat~ons of all kinds and smd officers may remove any such attorney m fact or agent and revoke any POA previously granted to such per,on RESOLVED FURTHER, that any bond, undertaking, recognizance, or suretyship obhgat~on shall be vahd and brad upon the Company when s~gned by the President or any V~ce President and attested and sealed 0f a seal be required) by any Secretary or Assistant Secretary or lite) when signed by tho President or any Vice President or Secretary or Assistant Secretary and countersigned and sealed (lfa Seal be reqmred) by a duly 0n) when duty executed and sealed (if a seal be required) by one or more attorneys m fact or agents pursuant to and within the hrmts of the authomy ewdenced by the power of attorney issued by the Company to such person or persons RESOLVED FURTHER, that the signature of any authorized officer and the seal of the Company may be affixed by facs~wale to any POA or certification thereof authorizing the execution ami delivery of any bond, undertaking, recognizance, or other suretyship obhgattons of the Company and such signature and seal when so used shall have the same force and effect as though manually affixed IN WITNESS WHEREOF Amwest Surety Insurance Company has caused these present to be signed by as proper officers and its corporate seals to be hereunto affixed th~s 12th day of December 1997 ~ KarenG Cohen Secretary State of Cah forms County of Los Angeles On December 12, 199'/before me, Peggy B Lof[on Notary Pubho, personally appeared John E Savage and Karen O Cohen personally known to me (or proved to me on the hasls of satisfactory ~denee) to be the person(s) whose name(s) is/are subscribed to the vathm instrument and acknowledged to me all that he/she/they executed the same in h~s/her/thelr authoflzed capemty(les) and that by hta/har/tbe~r signature(s) on the ~nstmment the person(s) or the enUty upon behalf of whmh the person(s) acted =-' 03 DEC 14 IMPORTANT NOTICE AVISO IMPORTANTE To obtain Information or make a complaint Para obtener Informaclon o para someter una queJa You may call the company's toll-free telephone number Usted puede Ilamar el numero de teletono gratis de la for Information or to make a complaint at companta para Informaclon o para someter una queJa; 972/503-6925 972/503 -6925 You may contact the Texas Department o~ Insurance to Puede comunlcarso con el Depanamento de Seguros c obtain information on companies, coverages, rights or Texas para obtener Inlormaclon acerca de companlas, complaints at coberturas, derechos o queJas al 1-800-252-3439 1-800-252-3439 You may write the Texas Department of Insurance Puede escrlblr al Departamento de Seguros de Texas P.O. Box 149104 P O Box 149104 Austin, TX 787t4-9104 Austin, TX 78714 9t04 FAX · (512) 475.1771 FAX · (512) 475 177t PREMIUM OR CLAIM DISPUTES: Should you have a DISPUTAS SOBRE PRIMAS O RECLAMOS' SI t~e dispute concerning your premium or about a clalm you una dlsputa concernlente a su prima o a un reclan should contact the agent or the company first II the debe comunlcarse con el agente o la companla prime dispute la not resolved° you may contacl the Texas SI no so resuelve la dlsputa, puedo entonc Department of Insurance comunlcarse con el Departamento da Seguros de Taxa ATTACH THIS NOTICE TO YOUR POLICY. 'rhls notice UNA ESTE AVlSO A SU POLIZA' Este avlso es s( is for Inlormatlon only and does not become a part or para proposlto de Inlormaclon y no se convlerte en pa cond~bon of the attached document o cond~clon del documento adjunto Prescribed by theStateBoardollnsurance Ordenado por el conseJo Estatal de D~rectures Effective May $, 1992 Seguros, Effecbvo el 1 de Mayo 1992 CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Bidder's attention Is directed to the Insurance requirements below. It is highly recommended that bidders confer with their respective Insurance carriers or brokers to determine In advance of Bid submission the availability of Insurance certificates and endorsements es prescribed end provided herein. If en apparent Iow bidder fails to comply strictly with the Insurance requirements, that bidder may be disqualified from sward of the contract. Upon bid sward, ell Insurance requirements shall become contractual obligations which the successful bidder shall have s duty to maints,n throughout the course of this contract. STANDARD PROVISIONS: Without limiting any of the other obligations or liab,l,t;es of the Contractor, the Contractor shall provide and maintain until the contracted work has been completed and accepted by the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter. As soon as practicable after notification of b~d award, Contractor shall file w~th the Purchasing Department satisfactory certificates of insurance, contaimng the'b~d 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 b~d opening, since the insurance requirements may not be modified or waived after b~d opening unless a written exception has been submitted w~th 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 m satisfaction of these requirements shall comply with the following general speciflcatons, and shall be maintained ;n comphance with these general specifications throughout the duration of the Contract, or longer, if so noted' a Each policy shall be issued by a company authorized to do busin, ess ~n the State of Texas w~th an A.M Best Company rating of at least/~, a Any deductibles or self-~nsured retentions shall be declared in the b~d proposal If requested by the City, the ~nsurer shall reduce or eliminate such deductibles or self-~nsured retentions w~th respect to the C~ty, Its AAAO03~O ~'V~SED ~o/~z/e4 CI - 1 Insurance Requirements Page 2 officials, agents, employees and volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. · Liability policies shell 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 cia,ms covered under the policy and that this insurance applies separately to each insured against whom claim is made or suit is brought. The ,nclusion of more than one insured shall not operate to increase the insurer's limit of Ilab,lity. · All pohcies shall be endorsed to prov,de thirty(30) days prior written not,ce of cancellation, non-renewal or reduction ,n coverage · Should any of the required Insurance be provided under a claims-made form, Contractor shall maintain such coverage continuously throughout the term of this contract and, without lapse, for a period of three years beyond the contract expiration, such that occurrences arising during the contract term which give rise to claims made after expiration of the contract shall be covered. · Should any of the requ,red ,nsurance be prov,ded under a form of coverage that Includes a general annual aggregate limit providing for claims Investigation or legal defense costs to be ,ncluded ,n the general annual aggregate Ilm,t, the contractor shall either double the occurrence Ilrn,ts or obta,n Owners and Contractors Protective L~abil~ty Insurance. · Should any requ,red insurance lapse dunng the contract term, requests for payments originating after such lapse shall not be processed until the C~ty receives satisfactory ev,dence of re,nstated coverage as requ,red by th,s contract, effective as of the lapse date If ~nsurance ~s not rmnstated, C~ty may, at its sole option, terminate this agreement effective on the date of the lapse AAAOO350 ~-vm~ ~o,~/~4 Cl - 2 Insurance Requirements Page, ;3 SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: All Insurance policies proposed or obtained in satisfaction of this Contract shall additionally comply with the following marked specifications, and shall be maintained in compliance with these additional specifications throughout the duration of the Contract, or longer, if so noted: A. General Liability Inaurance: General Liability Insurance with combined single limits of not less than J~J~shall be provided and maintained by the contractor. The policy shall be written on an occurrence basis either in a single policy or m 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, ~nd completed operations, independent contractors, contractual liabihty 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 I$0 Form GL 0404} is used, ,t shall include at least: · Bodily Injury and Property Damage Lmbd~ty 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 endorsementl covering this contract, personal injury liabd~ty and broad form property damage habdlty. AAAO03~0 Insurance Requirements Page 4 Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than ~ 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 requirament shall be in the form of a pol;cy endorsement for: · any auto, or · all owned, hired and non-owned autos. Workers Compensation Insurance Contractor shall purchase and maintain Worker's Compensation ~nsur~nce which, in addition to meeting the minimum statutory requirements for issuance of such fnsurance, has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 policy limft for occupational disease. The City need not be named as an 'Addstlonal Insured" but the insurer shall agree to wmve 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 buslding or construction projects, the Contractor shall comply with the provisions of Attachment 1 ~n accordance with §406.096 of the Texas Labor Code and rule 28TAC 110.110 of the Texas Worker's Compensation Commismon (TWCC). [ ] Owner's and Contractor's Protective Liability Insurance The Contractor shall obtmn, pay for and mmntmn at all times dunng the prosecution of the work under this contract, an Owner's and Contractor's Protective L~ablhty insurance policy naming the City as ~nsured for property damage and bodily ~njury which may arise ~n the prosecution of the work or contractor's operations under this contract. Coverage shell be on an AAAO03~O ~EVWED ~0,~/.4 CI - 4 Insurance Requirements Page 5 'occurrence' basis, and the policy shall be ;saued by the same insurance company that carries the contractor's liability ~nsurance. Policy limits will be at least combined bodily injury and property damage per occurrence with a, aggregate. [ ] Fire Damage Legal Uablilty 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 Ali-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 ~nterests may appear. [ ] Additional Insurance Other insurance may be required on an ~nd~vldual bas~s for extra hazardous contracts and specific service agreements If such additional insurance is required for a specific contract, that requirement w~ll be described m the "Specific Conditions" of the contract specifications. AAAO03~O Insurance Requirements Page 6 ATTACHMENT I Worker's Compensation Coverage for Building or Construction Projects for Governmental Entities A. Definitions: Certificate of coverage ("certiflcate")-A copy of a certificate of insurance, a certificate of authority to self-insure issued by the corem.scion, or a cover.age agreement ( .TWC,C-81. TWCC-g2. TWCC-83, or TVVCC-84), snowing statuzory workers compensation Insurance coverage for the dPerson's or antity's employees providing services on a project, for the uratlon of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity Persons providing services on the project ("subcontractor" in 1406.096) - includes all persons or entitles perform;ng all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly w;th the contractor and regardless of whether that person has employees. This includes, w~thout limitation, Independent contractors, subcontractors, leasing companies, motor carners, 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 delivenng equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not ,nclude acflwt;es unrelated to the project, such as food/beverage vendors, office supply dehveries, and delivery of POrtable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any overage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011 (44) for all employees of the contractor prowdlng serv;ces on the project, for the duration of the project. Insurance Requirements Page 7 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, file a new certificate of coverage with the governmental entity showing that coverage has been extended E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven days after receipt by the contractor, a new certificate of coverage show, ng 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 retain all required certificates of coverage for the duration of the project and for one year thereafter G. The contractor shall notify the governmental entity ~n writing by certified mini or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a not~ce, ~n the text, form and manner prescribed by the Texas Workers' Compensation Commission, inform~ng all persons prowdlng services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. AAAO031~O Insurance Requirements Page 8 I. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011 (44) for all of its employees providing services on the project. for the duration of the project; (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage Is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, If the coverage period shown on the current certificate of coverage ends during the duretion of the project; (4) obtain from each other person with whom it contracts, and providl to the contractor. (a) a certificate of coverage, prior to the other person beginn,ng work on the project; and {b) a new certificate of coverage showing extension of coverage. prior to the end of the coverage period. If the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity m writing by certified mini or personal delivery, w~thin 10 days after the person knew or should have known. of any change that materially affects the provision of coverage of any person prov,ding services on the project; and AAAO0360 ~vm~ ~o/~2m4 CI - 8 Insurance Requirements Page 9 (7) contractually require each person with whom it contracts, to perform ss redulred by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor Is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self-insurance Regulation. Providing false or misleading Information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The contractor's failure to comply with any of these provisions is · breach of contract by the contractor which entitles the governmental entity to declare the contract void ~f the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. ~v~ ~o/~m~ Cl - 9 BID SUMMARY Mr Tom Shaw Purchasing Agent C~ty of Denton Denton, Texas Mr Shaw Hawng carefully examined the site, contract documents, plans and specifications, prepared by the Parks and Recreation Department, I (we) propose to furnish all materials, labor, service, and guarantees required to perform and complete the work described for the following PARK IMPROVEMENTS Bowling Green Park Civic Center Park Nette Shultz Park BID SCHEDULE Item # Deeoriptlon and Price In Words Price in Figures Base BId'for ~ark~Jmprovamente Furnish and install playground equipment and benches, miscellaneous earthwork, concrete pawng and playground edging, underdrains and related work, extend water lines, ~nstall owner- prowded playground eqmpment and brick pavers, according to the plans and specifications, complete and ~n place for the sum of ~f~/~),~-O '~ud~,../?'V' ,~1 J/~_ dollars and ,/~'O cents ~ Altematee. Blddem are required to submit altemate bids to add work to the base bid Failure to submit alternate amounts In epaoee provided shall be baals for disqualification of the bid ADD No 1 Furnish and ~nstall 8-foot-wide concrete tra~ls as shown on the Construction Layouts, according to the plans and sp_q.~ficat~ons, complete and in place for the sum of ~ (,~"q" ..~ ~h~c~ ~-..~,.~ dollars and ca.ts PROPOSAL 2 No 2 Sew cut end patch curb and gutter end bituminous paving for access ramps as shown on the Conatruc~on Layouts, according to the pJ.~s an~.d speciflcetlons, complete and ~n place for the sum of ~ dollars and cents No 3 Furnish and install access ramp, curbs, and temporary pawng at Bowling Green Park as shown on the Constructmn Layout, according to the plans and specifications, complete and m place for the sum of dollars and /-to cents No 4 Furnish and install playground safety surfacing ~ncludmg drainage system according to the plans and specifications and the ,..~l~l~.~/ufacturar's instructions, comple~ and in place for the sum of do,ars and _/1~ cents No 5 Furnish and install access ramps at curb et C~vlc Center Park and Net, s Shultz Park ss shown on the Construction Layouts, according to the plans and specifications, complete and m place for the sum of '~'! X' '?'-k dollars and cents Unit Prlce~ The undersigned agrees that the following umt prices will apply to adjust quantities of materials ~nd~cated on drawings Prices are for materials furnished and installed It is further agreed that the quantities of work to be done, at unit prices and material to be furnished may be increased or d~mm~shed, as may be considered neoessary in the opinion of the Owner's Representabve, and that all quantities of work, whether increased or decreased, are to be performed at the unit prices set forth above except as prowded for in the specifications PROPOSAL Unit Price Items #1 Furnish matanels and provide lebor to :nstall concrete pewng according to the pt,~l:ts.and ep.~lficatione, complete and in place for the sum of ~F--_/3/// ~ dollars and (Per square foot) #2 Furnish materials and provide labor to install playground perimeter according to the plane end specifications, complete and in place for the sum of dollars and ./~ O cents ~ (Per linear foot) #3 Furnish materials and provide labor to ~nstall underdram p~pe eccord;ng to the plans and specifications, complete and m place for the sum of dollars and .F/~'/ cents $ ~. ~___.~ (Per linear foot) Remove and d~spoee of concrete playground perimeters and sand surfacing at Civic Center Park, complete and ;n place for the sum of dollars and (Per linear foot) #5 Furnish materials and prowde labor to install m~scellaneous concrete for footings, etc, accord;ng to the plans and specifications, complete an~ln place for,the sum of dollars and (P~r cubic yard) PROPOSAL 4 03/09/1999 16'09 9727791699 N1FIBT PAGE 82 lm~ Pmk Cmlbal Or 8ia 1~00 ~l~.~r,~m~ I~. B D INDIO,qT*'D. Nm'V,4TtI~TMDPIO ~N~4Y IICQIJIRCMCNT, TCflM OR OONOfTION OF ANY OONTRAOT OR CERTIFIP2,TE MAY 6E 188UI~ OR MAY P~RTAIN, THE WELMVd~E AI~eORD~O BY' THE P(]J~IE~ Ol IS ~UBJECT TO ALI. THE TERM8 EXC~,.I.181ON6 AND CONDf11GN~ OF 6UCH POUCIE~. LIMIT8 8HaYed MAY HAVTi li[-EN REOUCED BY PAIO OENERm. UAgltJTY 1050764 06/36/08 mmmn~ ~mgnl~w 00~ ~ CI.~IMOE I~IO(~UR PERaONAL&,q~vftamY 00O Ovmen~ · ~ON~k~"mWe mare' ~ occunnm,'cs I 00O 000 RRE OAaAOE (m~ mm ~ 50,000 ,tnoaoa~ LtAaltffY IE60764 06130198 mn' Atria COUEOleD a~ tJm 1,000 OO0 ALL OWNED AUTO~ O~ t.i~ag.ffY AUTO ONLY F..AA~ EAGN ~IOENT ~ LPaP. JTY 1J60764 06/80/06 e~tc~__,~__,~n~N~ 4 000 000 Utm~ELLA I~M AOOREOA'IT 000 S:klP~ tJAgiJTY IHIGT84 01150/08 P,~NB, Rg/IIZECU?~ EL 01BffAM POLIOV L,t~' S00,0OO orrmo ,~c ~ ollwAm~ EA l~4rLo'4:c SO0,000 2917 Park Improvements al the abovalPollclea ba canceled, flonrenewed or raduotlon in