HomeMy WebLinkAbout2003-122ORDINANCE NO. P F/rEl_4u
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS
CONTRACT FOR THE CONSTRUCTION OF THE DENTON SKATE PARK; PROVIDING
FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE
DATE (BID 2992—DENTON SKATE PARK PROJECT AWARDED TO CALVERT PAVING
CORPORATION IN THE AMOUNT OF $60,645).
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. That the following competitive bids for the construction of public works or
improvements, as described in the "Bid Invitations", 'Bid Proposals" or plans and specifications on
file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto,
are hereby accepted and approved as being the lowest responsible bids:
BID
NUMBER CONTRACTOR AMOUNT
2992 Calvert Paving Corporation $60,645
SECTION 2. That the acceptance and approval of the above competitive bids shall not
constitute a contract between the City and the person submitting the bid for construction of such
public works or improvements herein accepted and approved, until such person shall comply with all
requirements specified in the Notice to Bidders including the timely execution of a written contract
and furnishing of performance and payment bonds, and insurance certificate after notification of the
award of the bid.
SECTION 3. That the City Manager is hereby authorized to execute all necessary written
contracts for the performance of the construction of the public works or improvements in accordance
with the bids accepted and approved herein, provided that such contracts are made in accordance
with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms,
conditions, plans and specifications, standards, quantities and specified sums contained therein.
SECTION 4. That upon acceptance and approval of the above competitive bids and the
execution of contracts for the public works and improvements as authorized herein, the City Council
hereby authorizes the expenditure of funds in the manner and in the amount as specified in such
approved bids and authorized contracts executed pursuant thereto.
SECTION 5. That this ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of 2003.
& CL
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
I
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, C1;FY ATTORNEY
BY:
3-ORD-Bid 2992
CONTRACT AGREEMENT
STATE OF TEXAS §
COUNTY .OE DENTON §
THIS AGREEMENT, made and entered into this 13th day of May
A.D., 2003, by and between City of Menton of the County of Denton and State of
Texas, acting through Michael A Cmduff thereunto duly authorized so to do,
hereinafter termed "OWNER," and
of the City of Denton , County of Trenton 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:
in the amount of 60 645 nn 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 attached hereto, and
in accordance with all the General Conditions of the Agreement, the Special Conditions, the
Notice to Bidders (Advertisement for Bids), Instructions to Bidders, and the Performance and
Payment Bonds, all attached hereto, and in accordance with the plans, which includes all maps,
CyQI
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.
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 shall and does hereby agree to indemnify and hold harmless the City of
Denton from any and all damages, loss, or liability of any kind whatsoever, by reason of injury
to property or third persons occasioned by any error, omission or negligent act of Contractor,
its officers, agents, employees, invitees, and other persons for whom it is legally liable, with
regard to the performance of this Agreement, and Contractor will, at its cost and expense,
defend and protect the City of Denton against any and all such claims and demands.
Choice of Law and Venue
This agreement shall be governed by the law of the State of Texas and venue for its
construction and enforcement shall lie in the courts of Denton County, Texas.
The CONTRACTOR hereby agrees to commence work on or after the date established
for the start of work as set forth in written notice to commence work and complete all work
within the time stated in the Proposal, subject to such extensions of time as are provided by the
General and Special Conditions.
The OWNER agrees to pay the CONTRACTOR in current funds the price or prices
shown in the Proposal, which forms a part of this contract, such payments to be subject to the
General and Special Conditions of the Contract.
CA-2
IN WITNESS WHEREOF, the parties of these presents have executed this agreement
in the year and day first above written.
ATTEST:
- . a&
tl
ATTEST:
APPROVED AS TO FORM:
&L 7 2L�
CITY ATTORNEY
CA-3
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: ,<' 7�)
TITLE President
E.D. Calvert
PRINTED NAME
(SEAL)
Bond No: TX 596399
PERFORMANCE BOND
STATE OF TEXAS §
- - - -COUNTY-OF-DENTON- - § - - - - - - - -.. - - - -.. . _ ... .- - - - - . .
KNOW ALL MEN BY THESE PRESENTS: That C.aivert Paving f 1Rnratinn ✓,
whose address is P n Box 269, Denton, TX 76202-0268 i
hereinafter called Principal, and Merchants Bonding Company (Mutual)
a corporation organized and existing under the laws of the State of To a 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 Ow er, in the pnal sum of SixtyThrni.cand Six Hundred
F -FiVP. and nn/toe
n nOLLARS�FN 45-QO 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 2001-122 , with the
City of Denton, the Owner, dated the I Ith day of -May A.D. —2ofl3—✓a copy of wch is
hereto attached and made a part hereof, for Rid 2992 _ Denton Skate Park 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.
PB-1
PROVIDED FURTHER, that if any legal action be filed upon this Bond, exclusive
venue shall lie in Denton County, State of Texas.
AND PROVIDED FURTHER, that the said Surety, for value received, hereby
stipulates and agrees that no change, extension of time, alteration or addition to the terms of
the Contractor to the Work to b_e_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_ copies, each one�of
which shall be deemed an original, this the 13th day of May 2003
ATTEST:
Calvert Paving Corporati311�
BY: -
SECRET Y BY:
PRESIDENT
ATTEST:
SURETY
Merchants Bonding Com qp Mutual)
BY: Pin
ATTORNEY -IN -FACT
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 Drive - 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.)
PB-2
Bond No: 596399
STATE OF TEXAS
COUNTY OF DENTON
KNOW ALL MEN BY THESE PRESENTS: That Calvert Paving C nrpnratinn
whose address is P 0 Rox 268. Dentnn. TX 76202-0768
hereinafter called Principal, and Merchants Bonding Company (Mutual)
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 hereinafter referred
to, In the enal sum 0 Sixty Thnncand Six Hundred Fnrty-Five and no/10O
DOLLARS $ Fn5 nn )✓m 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 2nna-1 12 'with
the City of Denton, the Owner, dated the 13'h day of May A.D. —2003—✓a copy
of which is hereto attached and made a part hereof, for Rid ?997 _ nentnn Skate Park 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.
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 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 copies, each o"f
which shall be deemed an original, this the 13th day of May , 2003 .
ATTEST:
BY: v
SECRET Y
M
PRINCIPAL
Calvert Paving CorporatXn
BY:
PRESIDENT
SURETY
Merchants Bonding Company Mutual)
BY:
ATTORNEY -IN -FACT
The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service
of the process is:
STREET ADDRESS:
3116 Kellway Drive - 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.)
dal
LXY
Merchants Bonding Company
(Mlutual)
POWER OF ATTORNEY Bond HID, TX 596399
Know All Persons By These Presents, that the MERCHANTS BONDING COMPANY (MUTUAL , e corpoi ation duly organized under
fire 12111 of the Slate o1 Iowa, and having its principal office in the City of Des Moines, County of Poll', State o1 Iowa, rlai made,
constituted and appointed, and does by It Jose presents nnake, constitute and appoint
Don L. Smith ✓
o1 Carrollton and State o1 Texas its true and lawful Allorneyin-Fact, will-, full power
and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf as surety any
and all bonds, undertakings, recognizances of other written obligations in the nature lheleof, subject to the limitation that any such
instrument shall not exceed the amount of -
TWO MILLION RIVE TTUNDRED THOUSAND (2,500,000.00) DOLLARS i
and to bind the MERCHANTS BONDING COMPANY (MUTUAL) thereby as fully and to the same extent as i1 such bond or
undertaking was signed by the duly authorized officers of the MERCHANTS BONDING COMPANY (MUTUAL), and all the acts of
said Attorney -in -Fact, pursuant to the authority herein given, are hereby ratified and confirmed.
This Power -of -Attorney is made and executed pursuant to and by aulhorily of the following Amended Substituted and Restated By -
Laves adopted by the Board of Directors of the MERCHANTS BONDING COMPANY (MUTUAL) an October 3, 1992.
ARTICLE 11. SECTION 8 - The Chairman of the Board or President or any Vice President or Secretary shall have power and
authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the
Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature
thereof.
ARTICLE 11, SECTION 9 - The signature of any authorized officer and the Seal of the Company may be affixed by facsimile
to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking,
recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the
same force and effect as though manually fixed.
In Witness Whereof, MERCHANTS BONDING COMPANY (MUTUAL) has caused these presents to be signed by its President and
its corporate seal to be hereto affixed, this 2nd day of January , 2002
•oaQ�N F 0 CO
MA
• z: 0:3,
i; 1933 ; c:
.y
STATE OF IOWA
COUNTY OF POLK ss.
MERCHANTS BONDING COMPANY (MUTUAL)
ey /-'i 7,7x,
President
On this 2nd day of January , 2002 . before me appeared Larry Taylor, to
me personally known, who being by me duly sworn did say 1ha1 he is President of the MERCHANTS BONDING COMPANY (MUTUAL),
the corporation described in the foregoing instrument, and that the Seal affixed to the said instrument is the Corporate Seal of the said
Corporation and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors.
In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year first
above written.
e.0 r. RUTH K, MCCLAIN
Commission Number 2012g9
Irby Commission ExpPlies
Febl'ualy 19, 20(A Nola'), Publlo, Poll, Counip, Iowa
Sl ATE OF I01
COUNTY Of POI I< ss.
I, \41,11011l!Name!, Jl., Scclela I, nI Iha vil RCHANI'1, BONDING COMPAM 0/it II LI/M I, do helnhy Cr--Iii1y Ill:n thr "bow- al III iolcgninp
ix a 11 ur and Coll eat iiy of the P OWFR Of AT] ORNI-Y em culw hr said MF1=:CHP,IdI S B01" DING COMPANY 1101I1 LIAI
sli11 ir, liner and elh cl
In y1IllnFSb VVlmcol. I haw ho"uninsr-I my h.,no-cud airmni Ili( (,,I el Ili LI.ml,ury,.,.
'hia. 13th da/oi May 2003-- i.
Merchants Bonding Company
Please send all notices of claim on this Wid to:
Merchants Bonding Company (]Mutual)
6850 Austin Center Blvd., Suite 200
P. 0. Boy, 26720
Austin, TX 78755-0720
(512) 343-9033
(D
Merchants Bonding Company
Please send all notices of claim on this bond to:
Merchants Bonding Company (Mutual)
6850 Austin Center Blvd., Suite 200
P. 0. Box 26720
Austin, TX 78755-0720
(512)343-9033
0
Merchants Bonding Company
Please send all notices of claim o).) this boW to:
Merchants Bonding Company (Mutual)
6850 Austin Center Blvd., Suite 200
P. O. Box 26720
Austin, TX 78755-0720
(51.2) 343-9033
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 ojBid sabmissszon ia�vaitaability of insuranne 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
MATERMLLY 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 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 $500,0nn
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.
1XI Automobile Liability Insurance:
Contractor shall provide Commercial Automobile Liability insurance with Combined
Single Limits (CSL) of not less than $inn 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, hued 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
---"aecurrence basis, audrtlrepolicythgsame- insurance -company-that- carries -
the Contractor's liability insurance. Policy limits will be at least combined bodily injury
and property damage per occurrence with a aggregate.
[ ] Fire Damage Legal Liability Insurance
Coverage is required if Broad form General Liability is not provided or is unavailable to the
contractor or if a contractor leases or rents a portion of a City building. Limits of not less than
each occurrence are required.
[ ] Professional Liability Insurance
Professional liability insurance with limits not less than per claim with respect to
negligent acts, errors or omissions in connection with professional services is required under
this Agreement.
[ ] Builders' Risk Insurance
Builders' Risk Insurance, on an All -Risk form for 100% of the completed value shall be
provided. Such policy shall include as "Named Insured" the City of Denton and all
subcontractors as their interests may appear.
[ ] Additional Insurance
Other insurance may be required on an individual basis for extra hazardous contracts and
specific service agreements. If such additional insurance is required for a specific contract, that
requirement will be described in the "Specific Conditions" of the contract specifications.
ATTACHMENT 1
[Xj 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 oneyear 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.
Bid 2992 - Denton Skate Park Project
PROPOSAL (BID) FORM (Pagel of 3)
Time: 2ip.m.
Date: March 25, 2003
To: Purchasing Agent
City of Denton, Texas
901-B Texas Street
Denton, Texas 76201
rcMolnau
The undersigned having examined the Contract Documents entitled:
Denton Skate Park Project
Bid # 2992
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 proposes 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.
Sixty Thousand Six Hundred Forty Five Dollars($ 60,645.00 i
Total Base Bid
Total Materials Incorporated into the Project $ 36, 387.00
Total Labor. Supervision and Materials Not Incorporated
into the Project $ 24, 258.00
(The total of these two lines must equal the Total Base Bid)
UNIT PRICES:
The undersigned agrees that the following unit prices will apply to adjust quantities of materials
indicated on drawings. Prices are for materials finished and installed. It is further agreed that
the quantities of work to be done at unit prices and material to be furnished may be increased or
diminished as may be considered necessary in the opinion of the Owner's Representative, and
that all quantities of work, whether increased or decreased, are to be performed at the unit prices
set forth below except as provided for in the specifications. All unit prices are for addition or
deletion.
Bid Proposal Form (page 2R of 3)
paving ponents (Fi3mished and installed):
5" thick 3600 PSI concrete paving w/post tension cables
1=afthwork a rainage (Furnish and. tam
Cut, Transport and Place Onsite Soil
import tuxtFfictat9f�Siteotr
Fencine Components ( umish and,tnstall):
$ 2.75 per S.F
$ 3.00 per C.Y.
$ 3:00 —Tercy
4' high chain link, 9gawith added vinyl touting fencing
$,
11.40
der L.F
Standard 4' wide X 4' height gate to match fence
$
187.00
3" OI) Line Post to match 4' fence
$
23.50
_each
2-5/8" OD Line Posts to match 4' fence
$ 23.50
_each
each
Tui:'Comnonents (Furnish and install):
Hydro mulched seeded Common Benttuda
$�
.45
per S.Y'
Erosion 'o pi(FumishednndlnstaUd):
Perimctx'r Si It Fence
1.50
per LY
ADDITIVE ALTYANATE l:
Provide and Place 4" of Topsoil over the project site $ 8,000.00
as shown on plan sheet C1. The approximate quantity
of Topsoil required is 4,950 square yards.
ADDITIVE ALTFkNATE 2:
Provide and Place solid Common Bermuda grass as $ 2,805.00
shown on plan shot Cl. The approximate quantity
of sod required is 935 square yards.
ADDENDA:
Acknowledge receipt of the following addenda which are part of the Bidding Documents by
placing Addendum #, Date issued and initialing:
Addendum: No. 1 3/20/03 Pr/ Addendum No.
Addendum No. Addendum No._
Bid Proposal Form (page 3 of 3)
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
45 -- -Consecutive calendar -days subject to such extensions of time
allowed by specifications.
The undersigned bidder agrees that his bid shall be good and may not be withdrawn for a period
of 60 calendar days after the scheduled closing time for receiving bids.
The undersigned bidder understands that the Owner reserves the right to reject any or all bids and
to waive any informalities in the bidding.
BED GUARANTY:
Enclosed with this Bid is a Certified Check for:
Dollars ($
or a Bid Bond in the sum of
Five Percent of The Greatest Amount Bid 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)
-?�—C-- (If corporation, attest and affix
Authorized Signature a Corporate Seal)
President
Title
Address P.O. Box 268
City, State, Zip Code Denton,TX 76202-0268
Telephone 940/891-3205
BID NUMBFA 2993 BID ADDENDUM
City at Denton, Te WI-9 Te Wroet
PurchzWng Depentment nontun. Tow 76M
Please add the attached pages to become part of the spex:ifications.
2. There are no other changes at this time.
This forts sh amid be signed and returned with your W.
Nanms E.D. Calvert
Signature:�---
Company Calvert Paving Corporation
Title: President
Date: 3 25 03
FYin\Prch\AidSpOoOJ4)3 Shnde Stmetue
Lte
e: IZ:3'L PM
Pace: 002-003
ACORD1e CERTIFICATE OF LIABILITY INSURANCE
06/oiz o
PRODUCER (940)382-9691 FAX (940)243-1050
Ramey & King Insurance
510 North I-35 E
Denton, TX 76205
THIS CERTIFICATE 15 ISSUED ASA MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
NAIC Fk
INSURED Calvert Paving Corporation _ \�
PO Box 268 rl/l�_\
Denton, TX 76202 11\-\�
V
INSURERA: EMC Underwriters
0021
INSURERS: Texas Mutual Ins. Co.
TXMUT
INSURER C:
INSURER D:
INSURER E:
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
DLTR O'
rypE OF IN
POLICY NUMBER
P YEFFECTNE
POLICYEXPIRATION
LIMITS
GENERAL LIABILffY
2ES6472-0
03/07/2003
03/07/2004
EACH OCCURRENCE
$ 1,000,036
X COMMERCIAL GENERAL LIABILITY
DACE TO RENTED
E 300O
CLAIMS MADE E OCCU
MED M (Any one parson)
$ 5,000
PERSONAL & ADV INJURY
IS 1,000,000,
A
-
GENERAL AGGREGATE
$ 2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER:
PRODUCTS - COMP/OP AGG
$ 2,000,000
POLICY �ECo-T LOC
AUTOMOBILE
X
LIABILITY
ANY AUTO /
2ES6472-04
03/07/2003
03/07/2004
COMBINED SINGLELIMIT
(Ea accident)
$ 1,000,000
BODILY INJURY
(Per person)
$
A
-AIfTOS/
"I
ALL OWNED AUTOS
SCHEDULED AUTr
NON-OWNEDAUTOS /
BODILY INJURY
(Par accident)
$
X
PROPERTY DAMAGE
(Per accident)
$
GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT
$
OTHER THAN EAACC
AUTO ONLY: AGO
$
I ANY AUTO
$
EXCESSIUMBRELLALIABILRY
EACH OCCURRENCE
$
OCCUR CLAIMS MADE
AGGREGATE
$
a
IS
DEDUCTIBLE
$
RETENTION $
WORKERSCOMPENSATIONAND
A0001110634 20011107
1/07/2002
11/07/2003
we srAnH 1 DTI-
EL. EACH ACCIDENT
q 500,000
B
EMPLOYERS'LIABILRY
ANY PROPRIETORPAFTNERJEXEOJTIVE
OFFICERMIEMBER EXCLUDED?
E.L. DISEASE- EA EMPLOYEE
$ 500,000
II yes, describe under
SPECIAL PROVISIONS below
EL DISEASE - POLI]Y LIMIT
q 500,000
OTHER
D SCRIPTIONN OF OPERATIONS I LOCATIONS !VEHICLE /E%C 0 SAD E)BY EN 0 MENTI SPECIAL PROMSIO S
o'b: BiQ 2992-Denton Skate Park aipoicy s�ia not be cancel ed, nonrenewed or materially changed
ithout 30 days advanced written notice being given to the owner (city)except when the policy is being
ancelled for nonpayment of premium in which case 10 days written notice is required.!
aiver of subrogation issued in favor of holder in re ards to workmans comp
The city of Denton is named as additional insured
CITY OF DENTON, ITS OFFICIAIf-+: AGENTS
EMPLOYEES AND VOLUNTEERS
DENISE
901 B TEXAS
DENTON, TX 76201
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION j�ATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL
30 Zs WRITTEN NOTICETO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
OF ANY KIND UPON THE INSURER 76 AGENTS OR REPREBENTATNE8.
AUTHORIZED REPRESETNE
�Pxc vTAv:
M
M
r
At-nvnisrgnnvnm FAX: (940)349-7302
OACORD CORPORATION 1988
ate: 6/12/03 Time: 12:32 PM To: Scott payne @ 940-349-7870
Page: 003-003
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25 (2001108)