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HomeMy WebLinkAbout2008-312ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF LANDSCAPE AND SIDEWALK IMPROVEMENTS FOR THE UNICORN LAKE PROJECT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 4177-UNICORN LAKE LANDSCAPE AND PEDESTRIAN IMPROVEMENTS PROJECT AWARDED TO CALVERT PAVING CORPORATION IN THE AMOUNT OF $654,538). WHEREAS, the City has solicited, received and tabulated competitive bids for the construction of public works or improvements in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or improvements described in the bid invitation, bid proposals and plans and specifications therein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The following competitive bids for the construction of public works or improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids: BID NUMBER CONTRACTOR AMOUNT 4177 Calvert Paving Corporation $654,538 SECTION 2. 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. The City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein. SECTION 4. 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. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the `7 0 day ofhriwb`f/C� ,2008. ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: G 3-0R id 4177 CONTRACT AGREEMENT STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT, made and entered into this 9 day of December A.D., 2008, by and between City of Denton of the County of Denton and State of Texas, acting through George C. Campbell thereunto duly authorized so to do, hereinafter termed "OWNER," and Calvert Paving Corporation PO Box 268 Denton, TX 76202 of the City of Denton, County of Denton and State of Texas , hereinafter termed "CONTRACTOR." WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by OWNER, and under the conditions expressed in the bonds attached hereto, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified below: Bid 4177=Unicorn Lake Landscape and Pedestrian Improvements Proiect in the amount of $654,538 and all extra work in connection therewith, under the terms as stated in the General Conditions of the agreement; and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the work specified above, in accordance with the conditions and prices stated in the Proposal and the Performance and Payment Bonds, attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), and Instructions to Bidders, as referenced herein and on file in the office of the Purchasing Agent, and in accordance with all local, state and federal laws; and plans, which includes all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by: Cooper Design Works all of which are referenced herein and made a part hereof and collectively evidence and constitute the entire contract. CA-1 Independent Status It is mutually understood and agreed by and between City and Contractor that Contractor is an independent contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas, for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, worker's compensation, or any other City employee benefit. City shall not have supervision and control of Contractor or any employee of Contractor, and it is expressly understood that Contractor shall perform the services hereunder according to the attached specifications at the general direction of the City Manager of the City of Denton, Texas, or his designee under this agreement. Indemnification Contractor covenants and agrees to and does hereby indemnify, hold harmless and defend, at its own expense, Owner, its officers, servants and employees, from and against any and all claims or suits for property loss or damage and/or personal injury, including death, to any and all persons, of whatsoever kind or character, whether real or asserted, arising out of the Work and services to be performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or invitees, whether or not caused, in whole or in part, by the alleged negligence of the officers, servants, employees, of the Owner. Contractor likewise covenants and agrees to, and does hereby, indemnify and hold harmless Owner during the performance of any of the terms and conditions of this Contract, whether arising out of in whole or in part, any and all alleged acts or omissions of officers, servants, or employees of Owner. The provisions of this paragraph are solely for the benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other person or entity. Choice of Law and Venue 11llJ agleG111G111 slim, ue E-uvurllcu by lllc law ul llle oidle ul 1 cxas and venue lur lls 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 Right to Audit The OWNER shall have the right to audit and make copies of the books, records and computations pertaining to this agreement. The CONTRACTOR shall retain such books, records, documents and other evidence pertaining to this agreement during the contract period and five years thereafter, except if anaudit is in progress or audit findings are yet unresolved, in which case records shall be kept until all audit tasks are completed and resolved. These books, records, documents and other evidence shall be available, within 10 business days of written request. Further, the CONTRACTOR shall also require all Subcontractors, material suppliers, and other payees to retain all books, records, documents and other evidence pertaining to this agreement, and to allow the OWNER similar access to those documents. All books and records will be made available within a 50 mile radius of the City of Denton. The cost of the audit will be borne by the OWNER unless the audit reveals an overpayment of 1 % or greater. If an overpayment of 1 % or greater occurs, the reasonable cost of the audit, including any travel costs, must be borne by the CONTRACTOR which must be payable within five business days of receipt of an invoice. Failure to comply with the provisions of this section shall be a material breach of this contract and shall constitute, in the OWNER'S sole discretion, grounds for termination thereof. Each of the terms "books", "records", "documents" and "other evidence", as used above, shall be construed to include drafts and electronic files, even if such drafts or electronic files are subsequently used to generate or prepare a final printed document. CA-3 IN WITNESS WHEREOF; the parties of these presents have executed this agreement in the year and day first above written. AM: ,o ATTEST: APPROVED AS TO FORM: C ATTORNEY City of Denton OWNE BY: l (SEAL) Calvert Paving Corporation CONTRACTOR P.O. Box 268 Denton,TX 76202-0268 MAILING ADDRESS 940/891-3205 PHONE NUMBER 940/891-0744 FAX NUMBER BY: President TITLE E.D. Calvert PRINTED NAME (SEAL) PERFORMANCE BOND Bond #766729P STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That Calvert Paving Corporation `whose address is PO Box 268 Denton TX 76202 hereinafter called Principal, and Developers Surety and Indemnity*, a corporation organized and existing under the laws of the State of Iowa , and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, in the penal sum of Six Hundred Fifty Four Thousand Five Hundred Thirty Eight and 0/100 DOLLARS ($654 538 lus ten percent of the stated penal sum as an additional sum of money representing additional court expenses, attorneys' fees, and liquidated damages arising out of or connected with the below identified Contract, in lawfitl 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 2008-312,w-4 th the City of Denton, the Owner, dated the 9th day of December A.D. 2008,-for Bid #4177 Unicorn Lake Landscape and Pedestrian Improvements Proiect.✓ NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill all of the undertakings, covenants, terms, conditions and agreements of said Contract in accordance with the Plans, Specifications and Contract Documents during the original term therP_.nf nrid anv PxtPncinn thPrP.nf whir•.h mqv hp. vrnntPri by the ()xvnPr with nr withmit nntir.a 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 two (2) years from the date of final completion and final acceptance of the Work by the Owner; and, if the Principal shall fully indemnify and save harmless the Owner from all costs and damages which Owner may suffer by reason of failure to so perform herein and shall fully reimburse and repay Owner all outlay and expense which the Owner may incur in making good any default or deficiency, then this obligation shall be void; otherwise, it shall remain in full force and effect. * Company PB - 1 PROVIDED FURTHER, that if any legal action be tiled upon this Bond, exclusive venue shall lie in Denton County, State of Texas. AND PROVIDED FURTHER, that the said Surety. for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc., accompanying the same, shall in anywise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc. This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, as amended, and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Denton County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Article 7.19-1 of the Insurance Code; Vernon's Annotated Civil Statutes of the State of Texas. IN WITNESS WHEREOF, this instrument is executed in four copies, each one of which shall be deemed an original, this the 9th day ofDecember , 20081L/ . ATTEST: BY: V SECRETARY ATTEST: BY: PRINCIPAL Calvert Paving Corporation BY: /<— i7 - /_,_--� PRrSIDENT E D Calvert SURETY / Developers Surety and-,- In-demnitCompan — - ----- BY: , ATTORN Y-IN-FA T Larry T Smith The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is: NAME: Tom West STREET ADDRESS: 105 Decker Court Ste 670 Irving, Tx 75062 (NOTE: Date of Performance Bond must be date of Contract. If Resident Agent is not a corporation, give a person's name) Bond # 766729P t. POWER OF ATTORNEY FOR DEVELOPERS SURETYAND INDEMNITY COMPANY PO BOX 19725, IRVINE. CA 92623 (949) 26 3-3300 www.InscoDico.com KNOW ALL MEN BYTHESF PRESENTS. that except as expressly limited. DEVELOPERS SURETYAND INDEMNITY CO,VIPA VY tt� ,es hercbv make. constitute and appoint: ***Lae T. Smi ***Larry th, jointly or severally*** as its true and lawful Artomey(s)-in-Fact. to make. execute, deliver and acknowledge, for and on behalf of said corporation as surety, bonds, undertakings and contracts Of suretyship giving and granting unto said Atiomey(s)- i n- Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as the corporation could do, but reserving to the corporation full power of substitution and revocation, and all of the acts of said Attome s -in- Fact, pursuant to these presents, are hereby ratified and confirmed. YO This Power ofAttomey is granted and is signed by facsimile tinder and by authority of the following resolution adopted by the Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY effective as of November 1. 2000: RESOLVED. that the Chairman of the Board- the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers ofAttomey, qualifying the Attorneys) -in -Fact named in the Powers ofAttomey Aaomey; to execute, on behalf of the corporation, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporation be, and each of them hereby is, authorized to attest the execution of any such Power of RESOLVED. FURTHEthat the signatures of such officers may be affixed to any such Power ofAttomey or to any certificate relating thereto by facsimile. such Power ofAttomey or certiR, f and any icate bearing such facsimile signatures shall be valid and bindin respect to any bond, undertaking or contract of suretyship to which it is attached. g upon the corporation when so affixed and rin the future with IN WITNESS WHEREOF. DEVELOPERS SURETYAND INDEMNITY COMPANY has caused these presents to be signed by its respective Executive Vice President and attested by its Secretary this I st day of December. 2005. ��--v= ,QEt..AND� MH By. `I O David H. Rhodes, Executive Vice -President ?yJ;`�(iPtJRgl ��yy F 'z OCT. < EaE 10 1936 �= /0wP aa�: Walter A Crowell. Secretary siwrE OF CALIFORNIA COUNTY OF ORANGE On December 1. 2005 before me, Gina L. Gamer, Notary Public (Isere insert name and title of the officer), personally appeared David H. Rhodes and Walter A. Crowell, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorised capacity(ies), and that by his/her/their sigrtature(s) on the instrument the person(s), or the entity upon behalfofwhich the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature (� GINA L. GARNER &.X%COMM. # 1569561 (SEAL) 3 NOTARY PUBUC CALIFORNIA . ORANGE COUNTY 3 CERTIFICATE MY Comm expires t , 2M The undersigned, as Assistant Secretary, of DEVELOPERS SURE"fl AND INDE,�1N1"fY COMPANY, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked. and furthermore, that the provisions of the resolution of the respective Boards of Directors o Said corporation set forth in the Power ofAttomey, is in force as of the date of this Certificate. This Certificate is executed in the City of Irvine. California, the 9 th day of December 2008 By Albert Hillebrand, Assistant Secretary ID-1433 (DSI) (Rev. 12/0:) PAYMENT BOND Bond # 766729 P STATE OF TEXAS 5 COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That Calvert Paving corporation whose address is PO Box 268 Denton, TAX 76202 hereinafter called Principal, and Developers Surety and Ind emni t, orporation organized and existing under the laws of the State of Iowa , and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, and unto all persons, firms, and corporations who may furnish materials for, or perform labor upon, the building or improvements hereinafter referred to in the penal sum of Si . Hundred Fifty Four Thousand Five Hundred Thirty Eight and 0/100�OLLARS ($654 538 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 2000 -312 with the City of Denton, the Owner; dated the 9th day of December A.D. 2008, or Bid #4177 Unicorn Lake Landscape and Pedestrian Improvements= 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 .i��..:n}i cd;rnot:nrn .. .,.. ... �.. �..... . � .b .... :1 :, .. ....., ....,. .,,. .b... .. .... void; otherwise it shall remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive venue shall lie in Denton County, Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc., accompanying the same, shall in anywise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc. * Company PB-3 This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, as amended, and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Denton County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such surety, as provided by Article 7.19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas. IN WITNESS WHEREOF, this instrument is executed in four copies, each one of which shall be deemed an original, this the 9th day of December, 2008✓ ATTEST: BY: SECRETA 'Y ATTEST: BY: ` PRINCIPAL Calvert Paving Corporatl-n BY: PRESIDENT E D Calvert SURETY / Developers Surety and Indemn' mpany. BY: AT'T`ORNEX-IN-FACT Larry T Smittlii The Resident Agent of the Surety in Denton County, Texas for delivery of notice and. service of the process is: NAME: Tom West STREET ADDRESS: 105 Decker Court Ste 670 Irving, Tx 75062 (NOTE: Date of Payment Bond must be date of Contract. If Resident Agent is not a corporation, give a person's name.) ©�pa1 Bond # 766729P t. POWER OF ATTORNEY FOR DEVELOPERS SURETYAND INDEMNITY COMPANY PO BOX 19725, IRVINE. CA 92623 (949) 263-3300 r --InscoDico.com KNOW ALL MEN BY THESE PRESENTS, that except as expressly limited. DEVELOPERS SURETY AND INDEMNITY COMPANY do s hereby make• constitute and appoint: ***Larry T.�Smith; jointly or severally*** as its true and lawful Attomey(s)-in- Fact. to make, execute, deliver and acknowledge, for and on behalfof said corporation as surety, bonds, undertakings and contracts of suretyship giving and granting unto said Attomey(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as the corporation could do, but reserving to the corporation full power of substitution and revocation, and all of the acts of said Attomey(s)-in- F'act, pursuant to these presents, are hereby ratified and confirmed. This Power ofAttomey is granted and is signed by facsimile tinder and by authority of the following resolution adopted by the Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY effective as of November 1. 2000: RESOLVED• that the Chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers bfAttomey, qualifying the Attomev(s)-in-Fact named in the Powers ofAttomev to execute, on behalfof the corporation, bonds• undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporation be, and each of them hereby is, authorized to attest the execution of any such Power of Attomev; RESOLVED. FURTHER, that the signatures of such officers may be affixed to any such Power ofAttomey or to any certificate relating thereto by facsimile. and any such Power ofAnomey or respect to any bond, undertaking or contract of suretyship to which it is attached. certificate bearing such facsimile signatures shall be valid and binding upon Elie corporation when so affixed and in the future with IN WITNESS WHEREOF. DEVELOPERS SURETY AND INDEMNITY COMPANY hascaused these presents to be signed by its respective Executive Vice President and attested by its Secretarythis I st day of December. 2005. By: °Q. ...AND..0, David H. Rhodes, Executive Vice -President `,�'J' c,0�POR4 `W OCT. : < ,a; 10 _0 ?0) 1936 By: ��ai /ow;k aaa Walter w A. Croell. Secretary �,• SLATE OF CALIFORNIA COUNTY OF ORANGE On December 1. 2005 before me, Gina L. Gamer, Notary Public (here insert name and title ofthe officer), A. Crowell, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(i) whose name(s) islare subscribed to the within instrument personally appeared David H. Rhodes and Walter and acknowledged to me that he/shelthev executed the same in his/her/their authorized capacityfies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalfof which the person(s) acted- executed the instrument. WITNESS my hand and official seal. Signature GINA-L. GARNER COMM. # 1569561 (SEAL) 3 NOTARY PUBLIC CALIFORNIA ORANGE COUNTY CERTIFICATE VY !!T eUf r!S May 13.2W9 The undersigned, as Assistant Secretary, of DEVELOPERS SURETY AND INDEMNITY COMPANY, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked, and furthermore, that the provisions of the resolution of the respective Boards of Directors o said corporation set forth in the Power ofAttomey, is in force as of the date of this Certificate. This Certificate is executed in the City of Irvine, Califomia, the 9 th day of December 2008 By Albert Hillebrand, Assistant Secretary I D-1433 (DS 1) (Rev. 12/05) ��A Date: 1/9/2009 Time: 4:23 PM To: Calvert Paving ® 9-1-940-891-0744 Page: 001 A UM. CERTIFICATE OF LIABILITY INSURANCE F,`il "oorYnrr) PRODUCER (940)382-9691 FAX: (940)243-1050 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Ramey b Ring Insurance Assoc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 510 North 1-35 E ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Denton TX 76205 INSURERS AFFORDING COVERAGE NAIC /# INSURED / Calvert Paving Corporation✓ � PO Box 268 (// Denton TX 76202 ii INSURERA EMC Underwriters 0021 INWRERQTexas Mutual Ins. Co. TXMUT INSURER C. INSURER D. INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 'I- OD'L POLICY EFFECTIVE POLICY EXPIRATION R R TYPE OFINSU CE POLICYNUNBER DATE MWD DATE MWDD LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 X CCXNMERCIALGENERAL LIABILITY / RI S RE��a�EaOmn� s 300,000 A CLAIMS MADE �OCCU D5647209✓ 3/7/2008 31712009V MEDEXP ore $ 5 000 PERSONAL 8 ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2, 000, 000 GENL AGGREGATE LIMIT APPLIES PER: X POLICY JEECOT F LOC PRODUCTS -COMP/PIP AGG $ 2,000,000 AUTOMOBILE LIABILR ANY AUTO / COMBINED SINGLELIMIT (Ea a iderd) S 1, 000,000 A ALL OWNED AUTOS 2E5647209✓ 3/7/2008 3/7/200 BODILY INJURY SCHEDULED AUTOS (Per person) S HIRED AUTOS NON-OWNEOAUTOS BODILY INJURY (Peraoddem) $ PROPERTY DAMAGE (Per aoNdent) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT S ANY AUTO OTHER THAN EA ACC S AUTO ONLY: AGG $ EXCESSfUMBRELLA LIABILITY X OCCUR CLAIMS MADE EACH OCCURRENCE s 1,000,000 AGGREGATE S S A DEDUCTIBLE 2J5647209 3/7/2008 2/7/2009 s RETENTION S B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNERIEXECUTIVE OFFIItyesCEWMbM EXCLUDED? e under SPECIAL PROVISIONS bebw OTHER / TSP0001110639 ✓ 11/7/2008 11/7/2009 VKiSfATU- X YLIMITS ER / El. EACH ACCIDENT a 1,000,000 EL.DISEASE- EAEMPLOYE EL. DISEASE - POLICY LIMIT S 1,000,000 6 1,000,000 DESCRIPTION OF OPERATIONS!LOCATIONSUNICLESFEXCLUStONSADDEDBYENDORSEMENTISPEC1ALPROVISIONS The C' enton, its officials, agents, employees, and volunteers are aRR+f;�*+�T ;na+.reri on the general liability policy Said policy shall not be cancelled, nonreneved, or materially change without 30 may-- advanced written notice being given to owner (city) except wh the policy is being cancelled for nonpayment of premium in which case 10 days advance written notice is required A.CK I D'I%,A I C MULUtK CANCELLATION (940) 243-1050 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Denton u/ EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 901 B Texas Street 30 ✓DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT Denton, TX 76209 FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Jeff King/JCH MCADTI on r�nn4met -- - © ACORD CORPORATION 1988 INS025 (Otogoaa Page t of 2 CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Bidder's attention is directed to the insurance requirements below. It is highly recommended that bidders confer with their respective insurance carriers or brokers to determine in advance of Bid submission the availability of insurance certificates and endorsements as prescribed and provided herein. If an apparent low bidder fails to comply strictly with the insurance requirements, that bidder may be disqualified from award of the contract. Upon bid award, all insurance requirements shall become contractual obligations, which the successful bidder shall have a duty to maintain throughout the course of this contract. STANDARD PROVISIONS: Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted work has been completed and accepted by the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter. As soon as practicable after notification of bid award. Contractor shall.frle with the Purchasing Department satisfactory certificates of insurance, containing the bid number and title of the project. Contractor may, upon written request to the Put -chasing 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 soli ,faction 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, i1'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. CI-9 • 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. • Cancellation: The City requires 30 day written notice should any of the policies described on the certificate be cancelled or materially changed before the expiration date. • Should any of the required insurance be provided under a claims -made form, Contractor shall maintain such coverage continuously throughout the term of this contract and, without lapse, for a period of three years beyond the contract expiration, such that occurrences arising during the contract term which give rise to claims made after expiration of the contract shall be covered. • Should any of the required insurance be provided under a form of coverage that includes a general armual 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. CI - 10 SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: All insurance policies proposed or obtained in satisfaction of this Contract shall additionally comply with the following marked specifications, and shall be maintained in compliance with these additional specifications throughout the duration of the Contract, or longer, if so noted. [X ] A. General Liability Insurance: General Liability insurance with combined single limits of not less than $1,000,000.00shall 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 forrn property damage coverage. • Coverage B shall include personal injury. • Coverage C, medical payments, is not required. If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) is used, it shall include at least: Bodily injury and Property Damage Liability for premises, operations, products and completed operations, independent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures. • Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability. [X] Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than $500,000.00 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. [XI Workers Compensation Insurance Contractor shall purchase and maintain Worker's Compensation insurance which, in addition to meeting the minimum statutory requirements for issuance of such insurance, has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 policy limit for occupational disease. The City need not be named as an "Additional Insured" but the insurer shall agree to waive all rights of subrogation against the City, its officials, agents, employees and volunteers for any work performed for the City by the Named Insured. For building or construction projects, the Contractor shall comply with the provisions of Attachment 1 in accordance with §406.096 of the Texas Labor Code and rule .28TAC 1 10.110 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 carves 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. CI - 12 [ ] Commercial Crime Provides coverage for the theft or disappearance of cash or checks, robbery inside/outside the premises, burglary of the premises, and employee fidelity. The employee fidelity portion of this coverage should be written on a "blanket" basis to cover all employees, including new hires. This type insurance should be required if the contractor has access to City funds. Limits of not less than each occurrence are required. [ ] 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. CI - 13 ATTACHMENT 1 [XI Worker's Compensation Coverage for Building or Construction Projects for Governmental Entities A. Definitions: Certificate of coverage ("certificate") -A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC- 81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in §406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation; independent contractors, subcontractors, leasing companies, motor carriers, owner -operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any overage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.01](44) for all employees of the Contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage 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: CI - 14 1) a certificate of coverage. prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and 2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: 1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project; for the duration of the project; 2) provide to the contractor; prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; 3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 4) obtain from each other person with whom it contracts, and provide to the contractor: a) certificate of coverage, prior to the other person beginning work on the project; and b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; Cl - 15 5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; 6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and 7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self - insured, with the commission's Division of Self-insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. Cl - 16 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 1491, 80th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with chapter 176 of the Local Government Code by a Date Received person doing business with the governmental entity. By law this questionnaire must be filed with the records administrator of the local government not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government Code. A person commits an offense if the person violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor. 1 I Name of person who has a business relationship with local governmental entity. 2 ElCheck this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7't, business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) 3 Name of local government officer with whom filer has an employment or business relationship. Name of Officer This section, (item 3 including subparts A, B, C & D), must be completed for each officer with whom the filer has an employment or other business relationship as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the 0 Yes No B. Is the filer of the questionnaire receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? 0 Yes = No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership of 10 percent or more? Yes 0 No D. Describe each affiliation or business relationship. 4 Signature of person doing business with the governmental entity Date Adopted 06292007 CIQ - 1 SECTION C PROPOSAL (BID) FORM Time: 2:00 P.M. Date: Nov. 6, 2008 To: Purchasing Agent City of Denton, Texas 901-B Texas Street Denton, Texas 76209 Gentlemen: The undersignedhaving examined the Contract Documents entitled: Unicorn Lake Landscape and Pedestrian Improvement Project Bid #4177 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 accordance with said documents and addenda thereto for the stipulated sum of: Three Hundred Sixty Nine Thousand Five Hundred Dollars ($ 369, 538.00 ) Total Base Bid Thirty Eight Dollars Total Materials Incorporated into the Project $ 2210722 80 Total Labor, Supervision and Materials Not Incorporated into the Project $ 147, 815.20 Forty Five Thousand Dollars($ 45, 000.00 Total Alternate #1 Bid Total Materials Incorporated into the Project 127,000.00 Total Labor, Supervision and Materials Not Incorporated into the Project $ 18, 000.00 C-1 Seventy Five Thousand Dollars($ 75, 000.00 Total Alternate #2 Bid Total Materials Incorporated into the Project $ 45, 000.00 Total Labor, Supervision and Materials Not Incorporated into the Project $ 30, 000.00 One Hundred Sixty Five Thousand Total Aternate #3 Bid Dollars ($ 165, 000.00 Total Materials Incorporated into the Project $ 99, 000.00 Total Labor, Supervision and Materials Not Incorporated into the Project $ 66, 000.00 Ninety Thousand One Hundred Ttaenty Dollars ($ 90,120.00 Total Aternate #4 Bid Total Materials Incorporated into the Project 154,072.00 Total Labor, Supervision and Materials Not Incorporated into the Project $ 36, 048.00 Acknowledge receipt of the following addenda which are part of the Bidding Documents by placing Addendum #, Date issued and initialing: Addendum: No. None Addendum No. None Addendum No. None Addendum No. - None 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 154 consecutive working days, i based on a five-day work week, per project timeline Section 01350-3 subject to such extensions t� of time allowed by specifications. C-2 -------- The undersigned bidder agrees that his bid shall be good and may not be withdrawn for a period of 60 calendar days after the scheduled closing time for receiving bids. The undersigned bidder understands that the Owner reserves the right to reject any or all bids and to waive any informalities in the bidding. BID GUARANTY: Enclosed with this Bid is a Certified Check for: or a Bid Bond in the sum of 5% G.A.B. Dollars ($ Dollars ($ 5% G.A.B. 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. Calvert Paving Corporation Contractor (firm name) Z- �'e>-— (If corporation, attest and affix Authorized Signature E.D. Calvert a Corporate Seal) President Title Address P.O. Box 268 City, State, Zip Code Denton, TX 76202-0268 Telephone 940/891-3205 C-3 a Bid Documents for Unicom Lake Landscape and Pedestrian Improvements. PROPOSAL FOR UNICORN LAKE LANDSCAPE AND PEDESTRIAN IMPROVEMENTS Txdot Item Quan ' Unit Description :J;;;��Extended tal Base Bid 162 2,464 SY Sodding for Erosion Control (Solid sod at Plaza, Bermuda grass sod, fine grade) $4.00 $9, 856.00 164 12,562 SY Seeding for Erosion Control (Hydromulch along lake trail, Bermuda grass hydromulch, $1.00 $12, 562.00 416 232 LF Drilled Shaft Foundation 24" (Bridge) $40.00 $9, 280.00 420 10 CY Concrete Structures (Concrete Abutments for Pedestrian Bridge) $500.00 $5,000.00 500 1 LS Mobilzation $2, 000.00 $2, 000.00 502 8 MO Barricades, Signs and Traffic Handling Concrete Lake Trail 8' wide 5" Thickness, 300.00 $2,40b.00 531 . 4,886 SY including curb ramps. Curb ramps will not be paid separately, but are subsidiary and $40.00 $195, 440.00 included in sidewalks and trail. 4007 1 EA Prefabricated Pedestrian Steel Truss Bridge Span (140' long Pedestrain Bridge) $133,000.00 $133,000.00 Alternate #1 — - — 170 1 LS linigation System per plans $45, 000.00 $45, 000.00 Alternate #2 192 25 EA Landscape Planting (Shumard Oak (tree); 100 gal, 14-16" ht, 4-5' spread, well branched, $1, 000.00 $25, 000.00 container rows 192 27 EA Landscape Planting (Alee Elm (tree); 100 gal, 14-16' ht. 4-5' spread, well branched, $1, 000.00 $27, 000.00 containergrown) 192 18 EA Landscape Planting (Chinese Pistache (tree); 100 gal, 14-16' ht, 4-5' spread, well branched, $1, 000.00 $18, 000.00 containergrown) 192 9 EA Landscape Planting (Crape Myrtle (tree), 20 $550.00 $4, 950.00 gal, BAU M. 5-7' spread, well branched, container rows v-w Bid Documents for Unicorn Lake Landscape and Pedestrian Improvements. Txdot Item 610 610 618 620 652 528 531 1013 1014 1014 1 PROPOSALFOR UNICORN LAKE LANDSCAPE AND PEDESTRIAN IMPROVEMENTS Quantity I Unit 6 16 4,670 4,670 5 Description Extended Unit Price I Total Alternate #3 T way Illumination Assemblies (Bollard ngreference electrical plans) $2, 780.00 $16, 680.00way Illumination Assemblies (Pole lights, $6, 700.00 $107, 200.00ence'electrical plans) uit (Sch 40 PVC Electrical 314") LF IElectrical Conductors (#10 cu. W1re) n Highway Sign Lighting Fixtures (Floodlights, reference electrical plans) Alternate #4 mSysandblast Colored TexturedConcrete and Landscape Pavers (Plaza flatwork; concrete, formwork, steel reinforcing, sub -grade preparation, final finish, scoring.) W8 I SY ISidewalkS (8' wide Plaza walk- - f`1fnt+ro+o formwork, steel reinforcing, sub -grade, final sandblast finish, scoring.) 4" Thickness 8 EA Trash Receptacles (ornamental iron, .post 1 EA Landscape Amenity (Masonry Wall; cmu blocks, concrete footings, piers, formwork, masonry, steel reinforcing, flagstone cap, mortar, subgrade) 11 EA Landscape Amenity (Benches 6' long , ornamental iron, post mounted) C-5 $5.14 $24,003.80 $2.10 $9,807.00 $775.00 $3,875.00 $60.001 $25,020.00 $50.001 $17,400.00 $1,400.001 $11,200.00 $20,000.001 $20,000.00 $1,500.001 $16,500.00