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HomeMy WebLinkAbout2006-004ORDINANCE NO.,�06(, _ 00 y AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF THE UNICORN LAKE-DENTON STATE SCHOOL BRICK SCREENING WALL; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 3422-UNICORN LAKE-DENTON STATE SCHOOL BRICK SCREENING WALL IMPROVEMENT PROJECT AWARDED TO CALVERT PAVING CORP. IN THE AMOUNT OF $98,000). 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 numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" on file in the office of the City Purchasing Agent, are hereby accepted and approved as being the.lowest responsible bid for such items: BID NUMBER CONTRACTOR AMOUNT 3422 Calvert Paving Corp. $98,000 SECTION 2. By the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. SECTION 3. Should the City and persons submitting approved and accepted items and of the submitted bids wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute the written contract; provided that the written contract is in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents herein approved and accepted. SECTION 4. By the acceptance and approval of the above numbered items of the submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the 3""o day of 2006. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: l APPROVED AS TO LEGAL FORM: ED BY 3-O: CONTRACT AGREEMENT STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT, made and entered into this 3rd day of January A.D., 2006, by and between City of Denton of the County of Denton and State of Texas, acting through Howard Martin thereunto duly authorized so to do, hereinafter termed "OWNER," and Calvert Paving Cornoration Denton TX 76202-0268 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 3422-Unicorn Lake Boulevard -Denton State School Brick Screening Wall Improvement Project in the amount of 128,000 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 the plans, which includes all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by: 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 This agreement shall be governed by the law of the State of Texas and venue for its construction and enforcement shall lie in the courts of Denton County, Texas. The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in written notice to commence work and complete all work within the time stated in the Proposal, subject to such extensions of time as are provided by the General and Special Conditions. The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the Contract. CA-2 IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. ATTEST: ATTEST: APPROVED O FO CITY ATTORNEY CA-3 City of Denton 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: PresidentTITLE E.D. Calvert PRINTED NAME (SEAL) Bond No: 564135P PERFORMANCE BOND STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That Calvert Paving Corporation whose address is PO Box 268 Denton, TX 76202-0268 hereinafter called Principal, and Da,e� Slnety & kdarnity ampery , 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 St,4te of Texas, heremaft alled Owner, in the penal sum of Ninety Eight Thousand and 0/100q�OLLARS 98 000 plus ten percent of the stated penal sum as an additional sum of money representing additional court expenses, attorneys' fees, and liquidated damages arising out of or connected with the below identified Contract, in lawful money of the United States, to be paid in Denton County, Texas, for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement, which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement, which reduces the Contract price, decrease the penal sum of this Bond. THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain Contract, identified by Ordinance Number 2006- 004 with the City of Denton, the Owner, dated the 3rd day of January 3 A.D. 2006 y of which is hereto attached and made a part hereof, for B. 3422-Unicorn Lake Blvd -Denton State School Brick Screening Wall Improvement Project NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill all of the undertakings, covenants, terms, conditions and agreements of said Contract in accordance with the Plans, Specifications and Contract Documents during the original term thereof and any extension thereof which may be granted by the Owner, with or without notice to the Surety, and during the life of any guaranty or warranty required under this Contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby waived; and, if the Principal shall repair and/or replace all defects due to faulty materials and workmanship that appear within a period of one (1) year from the date of final completion and final acceptance of the Work by the Owner; and, if the Principal shall fully indemnify and save harmless the Owner from all costs and damages which Owner may suffer by reason of failure to so perform herein and shall fully reimburse and repay Owner all outlay and expense which the Owner may incur in making good any default or deficiency, then this obligation shall be void; otherwise, it shall remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed upon this Bond, exclusive venue shall lie in Denton County, State of Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc., accompanying the same, shall in anywise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc. This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, as amended, and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Denton County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Article 7.19- 1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas. IN WITNESS WHEREOF, this instrument is executed in 4 cgpies, each one of which shall be deemed an original, this the 12th day of January , 2006 ATTEST: PRINCIPAL Calvert Paving Corporation BY: J - I/ SECRET A Y BY: z�,- 67- c �— PRESIDENT, E.D. Calvert ATTEST: SURETY Developers Surety &Inde7 Company -b BY: - ATTORNEY -IN -FACT, :Don E.- The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is: NAME: Don E. Smith - Smith Construction STREET ADDRESS: 3116 Kellway Dr. - Ste. 110 - Carrollton, TX 75006 (NOTE: Date of Performance Bond must be date of Contract. If Resident Agent is not a corporation, give a person's name.) C1,`. 566 Bond No: 564135P PAYMENT BOND STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That Calvert Paving Corporation / whose address is PO Box 268 Denton, TX 76202-0268, hereinafter called Principal, and DaAa� Suety & 7rramity Ompffv , 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, and unto all persons, firms, and corporations who may furnish materials for, or perform labor upon, the building or improvements hereinaft r referred to, in the penal sum of Ninety Eight Thousand and 0/100✓ DOLLARS ($98,000lawful 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>=her 2006-004, with the City of Denton, the Owner, dated the 3 day of January A.D. 2006 ,'a copy of which is hereto attached and made a part hereof, for Bid/3422- Unicorn Lake Blvd -Denton State School Brick Screening Wall Improvement Project✓ NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties and make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying labor and/or material in the prosecution of the Work provided for in said Contract and any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby expressly waived, then this obligation shall be void; otherwise it shall remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive venue shall lie in Denton County, Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc., accompanying the same, shall in anywise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc. 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 4 pies, each one of which shall be deemed an original, this the 12th day of January 2006 ATTEST: BY: 7 fir// f SECRETARY ATTEST: BY: Q4�22-)LzZ4 PRINCIPAL Calvert Paving Corporation BY: /' ) PRESIDENT , E.D. Calvert SURETY Developers Surety & Indpm/ity Company BY: !TW /g?n,j ae-t ATTORNEY -IN -FACT,- Dan F,. S: ith.'' The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is: NAME: Don E. Smith - Smith Construction Bonding STREET ADDRESS:3116 Kellway Dr. - Ste. 110 - Carrollton, TX 75006 (NOTE: Date of Payment Bond must be date of Contract. If Resident Agent is not a corporation, give a person's name.) 1' C r�(:7MCO C9MQ&9P DISCLOSURE RIDER Terrorism Risk Insurance Act of 2002 The Terrorism Risk Insurance Act of 2002 created a three-year program under which the Federal Government will share in the payment of covered losses caused by certain events of international terrorism. The Act requires that we notify you of certain components of the Act, and the effect, if any, the Act will have on the premium charged for this bond. Under this program, the Federal Government will cover 90% of the amount of covered losses caused by certified acts of terrorism, as defined by the Act. The coverage is available only when aggregate losses resulting from a certified act of terrorism exceed $5,000.000.00. Insurance carriers must also meet a variable deductible established by the Act. The Act also establishes a cap of $1,000,000,000.00 for which the Federal Government or an insurer can be responsible. Participation in the program is mandatory for specified lines of property and casualty insurance, including surety insurance. The Act does not, however, create coverage in excess of the amount of the bond, nor does it provide coverage for any losses that are otherwise excluded by the terms of the bond, or by operation of law. No additional premium has been charged for the terrorism coverage required by the Act. Developers Surety and Indemniry Companv Indemninv Companv of California 17780 Fish I,me, CA 926I1 (949) 263 3300 mvs .inscodico.com IMPORTANT NOTICE. To obtain Information or make a complaint: You may call the Sinmcry's toll free telephone number for information. nr to make a complaint at: 1-800-182-1.546 You may also write to tic Surety at: P.O. I3ox 10725 Irvine. CA 92623-9725 Yoll. may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints at: 1-800-251.3439 You may write the Texas Department of In8urance at: P.O. lscx 1,49104 Austin, TX 78714-9104 Fax# 512-475-1771 PRENTIUM OR CLAIM DISPUTES: Should you have o dispute cuneernin9y0ur premium or about a claim you should contact the Surety first. If the dispute is not resolved, you may contact the Texas Dcpnrtmoat of Insuranea. ATTACR THIS NOTICE TO YOUR. POLICY: This notice Is for information only and duce not become a part or cundition of the attached document. ANT50 IMPORTANCE Para obtener informatioh o para someter tma queja: Usted puedc llamas al anmero de telefono gratis de Para information o para someter una quela 21: 1-800.782-1546 Uattd tanbien puede escribir a Surety at: P.O. Box 19725 Irvine, CA 92623-9725 Pucdc comimicarse con el Departsmenrn de Septtros de Texas para obtener information aeerca de corn- pmdas, cabertnras, derechos o quejas Al; 1-8Ut1•ti2.3439 Puede escribir al Departmento de Seguros de Texas P.O. Boa. 149104 Austin, TX 18714-9104 Faits 512.475-1771 DTSPUTAS SOBRE PRENIAS O RECLAMOS: Si tiene una disputa copeerniente a en prima o a un reclamn, debe eomunicarse con el Surety primcrn. Si no se resuelve la disputa, puede entonces comuni- carrse con el departnmento (TDI). UNA ESTEAVISO A. SU POL17.A.: F,stc aviso es solo pinta Inoposito de information y nu se convicrte to parte o condition del documento ndjunto. r..r ir���lcr� Insco Insurance SenAm, ln:, Undetvnifing fionogcr for. Davelopers Surety and Indemnity Company • Inde.mNty Company e1 California 17780 Fitch, S.1ita 200 twine, CA 92✓:14 1-800-782.1546 www.l nscoOlco.com ID-1404 (TX) (4101) PONYER OF ATTORNEY FOR DEVELOPERS SURETYAND INDEMNITY COMPANY PO BOX 19725. IRVINE. CA 92623 (949)'_63-3300 ww'w.InscoDico.com KNOW ALL MEN BY THESE PRESENTS, that except as expressly binned. DEVELOPERS SURETY AND INDEMNITY COMPANY flocs hereby make, constitute and appoint "'Don E. Smith"V/ as its true and lawful Attornev(s)-in-Fact, to make. execute, dclivcr and acknowlcd,q for and on behalf of said corporation as surety, bonds. undertakings and contracts of suretyship giving and granting unto said Anomey(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 rnscrving to the corporation Full pov er of Substitution and revocation. and all of the acts of said Attomcy(s)-in-Fact. pursuant to these presents. am hereby ratified and confimtcd. This Power of Attomcv is granted and is signed by facsimile under and by authorm, 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 ofAttomcy, qualifying the Attomcy(s)-in-Fact named in the Powers of Attomev to execute, oil behalf of the corporatiom. bonds. undertakings slid 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 Attorney: RESOLVED, FURTHER, that the signatures of such officers nay be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in die future with respect to any bond. undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF. DEVELOPERS SURETY AND INDEMNITY COMPANY has caused these presents to be signed by its respective Executive Vice President and attested by its Secretary this 1st day of February. 2005. 'I \ o•�.�Y, AND,/ry< By David H. Rhodes, Executive Vice -President =w` 10 A _a5 �4t raoip.,/DW.....•• l By : y Walter A. Crowell. Secretary................ 11 STATE OF CALIFORNIA ) )SS. COUNTY OF ORANGE ) On February I. 200=. before me, Nita G. Hiffmcycr, personally appeared David H. Rhodes and Waltcr A. Crowell. personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to the within instrument and acknowledged to nre that thev executed the sa me in their authorized capacities, and that by their signatures on the instrument the entity upon behalf of which the persons acted executed the instrument. WITNESS my hand and official seal Rty NITAG.HIFFMEYER COMM.#154348INOTARYPU6UC CFLIFORNIAKVSignature 3ORANGE COUNTY ojI comm. emlres An. 1D, 2009 t CERTIFICATE The undersioned. as Excctuivc Vice-Presidmn. 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 funhemtore, that the provisions of the resoluti m ZftIpccv,c Boards ofDirectors of said corporation set forth in the Power ofArtomey, is in force as ofthe date ofthis Certificate. This Certificate is executed in the Cio,oflrrine. CaliforniathelZth da.-ofJanuary B> David L Kerri ^_an. Exccutivc Vicc-Presidcnt ID-1433 (DSI) (Rcc.2t05) 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 file with the Purchasing Department satisfactory certificates of insurance, containing the bid number and title of the project. Contractor may, upon written request to the Purchasing Department, ask for clarification of any insurance requirements at any time; however, Contractors are strongly advised to make such requests prior to bid opening, since the insurance requirements may not be modified or waived after bid opening unless a written exception has been submitted with the bid. Contractor shall not commence any work or deliver any material until he or she receives notification that the contract has been accepted, approved, and signed by the City of Denton. All insurance policies proposed or obtained in satisfaction of these requirements shall comply with the following general specifications, and shall be maintained in compliance with these general specifications throughout the duration of the Contract, or longer, if so noted: • Each policy shall be issued by a company authorized to do business in the State of Texas with an A.M. Best Company rating of at least A. Any deductibles or self -insured retentions shall be declared in the bid proposal. If requested by the City, the insurer shall reduce or eliminate such deductibles or self -insured retentions with respect to the City, its officials, agents, employees and volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. • Liability policies shall be endorsed to provide the following: •• Name as additional insured the City of Denton, its Officials, Agents, Employees and volunteers. •• That such insurance is primary to any other insurance available to the additional insured with respect to claims covered under the policy and that this insurance applies separately to each insured against whom claim is made or suit is brought. The inclusion of more than one insured shall not operate to increase the insurer's limit of liability. • All policies shall be endorsed to read: "SAID POLICY SHALL NOT BE CANCELLED, NONRENEWED OR MATERIALLY CHANGE WITHOUT 30 DAYS ADVANCED WRITTEN NOTICE BEING GIVEN TO THE OWNER (CITY) EXCEPT WHEN THE POLICY IS BEING CANCELLED FOR NONPAYMENT OF PREMIUM IN WHICH CASE 10 DAYS ADVANCE WRITTEN NOTICE IS REQUIRED": Should any of the required insurance be provided under a claims -made form, Contractor shall maintain such coverage continuously throughout the term of this contract and, without lapse, for a period of three years beyond the contract expiration, such that occurrences arising during the contract term which give rise to claims made after expiration of the contract shall be covered. • Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit providing for claims investigation or legal defense costs to be included in the general annual aggregate limit, the Contractor shall either double the occurrence limits or obtain Owners and Contractors Protective Liability Insurance. • Should any required insurance lapse during the contract term, requests for payments originating after such lapse shall not be processed until the City receives satisfactory evidence of reinstated coverage as required by this contract, effective as of the lapse date. If insurance is not reinstated, City may, at its sole option, terminate this agreement effective on the date of the lapse. 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 $ 500,000 shall be provided and maintained by the Contractor. The policy shall be written on an occurrence basis either in a single policy or in a combination of underlying and umbrella or excess policies. If the Commercial General Liability form (ISO Form CG 0001 current edition) is used: • Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual liability covering this contract and broad form property damage coverage. • Coverage B shall include personal injury. • Coverage C, medical payments, is not required. If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) is used, it shall include at least: • Bodily injury and Property Damage Liability for premises, operations, products and completed operations, independent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures. • Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability. [X] Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than $300,000 either in a single policy or in a combination of basic and umbrella or excess policies. The policy will include bodily injury and property damage liability arising out of the operation, maintenance and use of all automobiles and mobile equipment used in conjunction with this contract. Satisfaction of the above requirement shall be in the form of a policy endorsement for: • any auto, or • all owned, hired and non -owned autos. [X] 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 110.110 of the Texas Worker's Compensation Commission (TWCC). [ ] Owner's and Contractor's Protective Liability Insurance The Contractor shall obtain, pay for and maintain at all times during the prosecution of the work under this contract, an Owner's and Contractor's Protective Liability insurance policy naming the City as insured for property damage and bodily injury which may arise in the prosecution of the work or Contractor's operations under this contract. Coverage shall be on an"occurrence" basis, and the policy shall be issued by the same insurance company that carries the Contractor's liability insurance. Policy limits will be at least combined bodily injury and property damage per occurrence with a aggregate. [ ] Fire Damage Legal Liability Insurance Coverage is required if Broad form General Liability is not provided or is unavailable to the contractor or if a contractor leases or rents a portion of a City building. Limits of not less than each occurrence are required. [ ] Professional Liability Insurance Professional liability insurance with limits not less than per claim with respect to negligent acts, errors or omissions in connection with professional services is required under this Agreement. [ ] Builders' Risk Insurance Builders' Risk Insurance, on an All -Risk form for 100% of the completed value shall be provided. Such policy shall include as "Named Insured" the City of Denton and all subcontractors as their interests may appear. [ ] 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. ATTACHMENTI [X] 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 401.011(44) for all employees of the Contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. 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: (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) a certificate of coverage, prior to the other person beginning work on the project; and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (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. �i SECTION C I PROPOSAL (BID) FORM 1 Time: 2:00 p.m. Date: December 13, 2005 To: Purchasing Agent City of Denton, Texas . 901-B Texas Street Denton, Texas 76201 Gentlemen: The undersigned having examined the Contract Documents entitled: Unicorn Lake.Blvd-Denton.S.tate School.Br #3422ickScreening.Wall Improvement. Project Bid. . 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: Ninety Eight Thousand Total Base Bid Dollars ($ 98, 000.00 Total Materials Inco rated into the Project Alternates Alternate # 1 r $ 58,800.00 roiect $ 39, 200.00 Total Base Bid Dollars($ Total Materials Incorporated into the Project ADDENDA: 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. 021985010 C-1 Addendum No. Addendum 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 E® 75 Consecutive calendar days subject to such extensions of time allowed b specifications. g C/ _ y 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 bids and Owner reserves the right to rej�c£any or al] to waive any informalities in the bidding. BID GUARANTY; ...................._.Enclosed. with_this. Bidis,a_CertfiedCheck,for;.__._... .............. .......................... ..... ............. .......... ..:............... ............. .... ........... or a Bid Bond in the sum of 5% G.A.B. Dollars ($ 5% G.A.B. which it is agreed shall t event this Bid is be collected and retained by the Owner as liquidated damages in the Abe 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) Authorized Signature President Title Address P.O. BOX 268 City, State, Zip Code Denton, TX 76202-0268 Telephone 940/891-3205 (If corporation, attest and affix a Corporate Seal) 8 Bid Documents for Unicom Lake Boulevard Denton State School PROPOSAL FOR UNICORN LAKE BOULEVARD DENTON STATE SCHOOL Item Quantity Unit Descri2tion In I it Price HARDSCAPEIMPROVEMENTS 1,100 LF, 6'-0" ht. Masonry thinwall/screenwall materials, concrete, pilasters footings, Piers, mortar, ornamentation, mow strips, reinforcement, subgrades, etc., ..................... -W .......... .......... ................ Complete and in place for . ........ .. ...... I ......... Seventy Seven ..................... ...... ......... ..... . .. ...... .... ......... ........... ............. Dollars and Zero Cents Per LF $ 77.00 $ 84,700.00 2. 23 EA 7'-0n ht. Storie monument columns. Structural engineering plans complete and submitted do City of Denton, materials, concrete, footings Piers, mortar, cast stone caps, ornamentation, reinforcement, subgrades etc., Complete and In Place for Five Hundred Dollars and Zero Cents Per EA $ 500.00 $ 11,500.00 3. 300 LF 50" V-Mesh wire weave fence, materials footings, Posts, fence, fasteners, subqrades, etc., Complete and in place for Six Dollars and Zero — — — — — — — — Cents Per LF $ 6.00 $ 1,800.00 SIB -TOTAL $ 98,000.00 021985.010 C-3 ACORD CERTIFICATE OF LIABILITY INSURANCE oil 112006 PRODUCER (940) 382-9691 FAX (940)243-1050 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Ramey & King Insurance ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 510 North I-35 E Denton, TX 76205 Nicole Green X V ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC# INSURED Calvert Paving Corporation PO Box 268 y`t(�L Denton, TX 76202 �D INSURERA: EMC Underwriters 0021 INSURERS: Texas Mutual Ins. Co. TXMUT INSURER C: INSURER D: INSURER E: r FIVFRADFS 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 POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR DD' TYPE OF IN POLICY NUMBER PO EFFECTIVE POLICY EXPIRATION DryQ LIMITS GENERAL LIABILITY 2D5647205 03/07/2005 03/07/2006 EACH OCCURRENCE $ 1,000,006 DAMAGE TO RENTED $ 300,000 X COMMERCIAL GENERAL LIABILITY CLAIMS MADE X] OCC $ 5,000 MEDEXP(Any Pne Perwn) A PERSONAL S ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG $ 2,000,006 POLICY JEa LOC AUTOMOBILE LIABaI 2E56472-05 /Q7/2QQ5 03/07/2006 COMBINED SINGLE LIMIT X ANYAUTO (Ea eaMenl) $ 1,000,000 BODILY INJURY ALL OWNED AUTOS A SCHEDULED AUTOS (Per demon) $ BODILY INJURY $ HIRED AUTOS NON-0 NED AUTOS (Pei BCCdenI) PROPERTY DAMAGE $ (ParecudW) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC S ANY AUTO $ AUTO ONLY: AGG EXCES=MBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ f $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND TSF000113063 l/07/2QQ5 11/07/200 WC srnru- orH- B EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVE E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 OFFICERIMEMBER EXCLUDED? If yes, desall,e under E.L. DISEASE -POLICY LIMIT $ 1,000,000 SPECIAL PROVISIONS Debw OT ER Inland Marine 2C5647205 03/07/2005 03/07/2006 Rented/Leased Equipment up to A S250K/item not more than $50OK per occurrence DESCRIPTION OFO ERATIONS I LOCATIPNS I VEHICL SIEXC USIONS ADDED BY ENDORSEMENT I SPECIALPROVISIPN ocation: B�Idg 3422-Unicorn LaFke Btvd. - Denton State School; Brict Screening Wall Impvt. Said Policy hall not be cancelled, nonrenewed or materially changed without 30 days advanced written notice being iven to the owner(city) except when policy is being cancelled for nonpymnt of premium in which case 10 lays written notice is required. Waiver of Sub is issued in favor of holder in regards to Workers Comp he City of Oa ton It's Officials, Agents Employees & Volunteers are named as Additional Insured."` City of Denton 901 B Texas Denton, TX 76201 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIOfj�ATE THEREOF, THE ISSUING INSURER WILL X1VjISX')S MAIL 30DAYS WRITTEN NOTICE TOME CERTIFICATE HOLDER NAMED TO THE LEFT. Y177itXd(SXd(KYKdHfdUtDtXY$Y,i(X]4p€Kitl61Hf76X0EXi(dtXdN4XdGXliXXX. AUTHORIZED V ACORD 25 (2001I08) ©ACORD CORPORATION 1988