HomeMy WebLinkAbout2003-175ORDINANCE NO. azD3 "/75
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS
CONTRACT FOR THE CONSTRUCTION OF THE PARKING LOT IMPROVEMENTS FOR
MACK PARK, DENIA RECREATION CENTER AND SENIOR CENTER; PROVIDING FOR
THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE
(BID 3015-MACK PARK, DENIA RECREATION CENTER, SENIOR CENTER, PARKING LOT
IMPROVEMENT PROJECT AWARDED TO CALVERT PAVING CORPORATION IN THE
BASE BID AMOUNT OF $259,652.44 PLUS ALTERNATES 1-7 IN THE AMOUNT OF $29,940
FOR A TOTAL AMOUNT OF $289,592.44).
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" orplans 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
3015 Calvert Paving Corporation $289,592.44
SECTION 2. That the acceptance and approval of the above competitive bids shall not
constitute a contract between the City and the person submitting the bid for construction of such
public works or improvements herein accepted and approved, until such person shall comply with all
requirements specified in the Notice to Bidders including the timely execution of a written contract
and furnishing of performance and payment bonds, and insurance certificate after notification of the
award of the bid.
SECTION 3. That the City Manager is hereby authorized to execute all necessary written
contracts for the performance of the construction of the public works or improvements in accordance
with the bids accepted and approved herein, provided that such contracts are made in accordance
with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms,
conditions, plans and specifications, standards, quantities and specified sums contained therein.
SECTION 4. That upon acceptance and approval of the above competitive bids and the
execution of contracts for the public works and improvements as authorized herein, the City Council
hereby authorizes the expenditure of funds in the manner and in the amount as specified in such
approved bids and authorized contracts executed pursuant thereto.
SECTION 5. That this ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the 510— day of 2003.
&C� —
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. P$OIUTY, CITY ATTORNEY
IM
3-ORD-Bid 3015
CONTRACT AGREEMENT
STATE OF TEXAS §
COUNTY OF DENTON §
THIS AGREEMENT, made and entered into this 17th day of
A.D., 2003, by and between City of Denton
of the County of Denton and State of Texas, acting through Michael A Condnff
thereunto duly authorized so to do, hereinafter termed "OWNER," and
of the City of Denton , County of Denton
and State of
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 1015 — Mack Park, Denia Recreation Center. Senior Center Parking I of Improvement
Project in the amount of R7.R9,597. 94 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, plats, blueprints, and other drawings and
printed or written explanatory matter thereof, and the Specifications therefore, as prepared by:
all of which are 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
---- or e start o -worRas-seTTo-rffiin wn en no tce o commence wor an com-plete all wo—lcr
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.
TEST:
ATTEST-
a
APPROVED AS TO FORM:
CITY ATTORNEY
(SEAL)
Calvert Paving Corporation
CONTRACTOR
P.O. Box 268
-—Dentonr7X--76202=G268-- - ---.--
MAILING ADDRESS
940/891-3205
PHONE NUMBER
940/891-0744
FAX NUMBER
BY:
TITLE President
E.D. Calvert
CA-3
PRINTED NAME
(SEAL)
I
Bond No: TX 596405
PERFORMANCE BOND
STATE OF TEXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS: That Calvert Paving Corp r ,*`hose
address ishereinafter 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, in the penal sum of Two llijndred Fighty Nine Thousand Five. Hundred Ninety Two
DOLLARS and Ninety Four Cen $ 28 592 9d 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 2004-175
_ with the City of Denton, the Owner, dated the 17th_day of tune
A.D. 2nn3 a copy of which is hereto attached and made a part hereof, for
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 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 copies, eat one of
which shall be deemed an original, this the 17th day of June , ✓1003 .
ATTEST:
PRINCIPAL
BY: G Calvert Paving Corporation
- - - - -y ii/� LC� �.�
SECRETA Y --- tl--: z- --
ATTEST:
- t ;
PRESIDENT
SURETY
Merchants Bonding Company (Mutual)
BY: - �rn /• wG�
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 - Suite 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: TX 596405
PAYMENT BOND
STATE OF TEXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS: That Calvert Paving C orporat 4wbose
address is P n Roy 96R, Dentnn, TX 70.02-096R, hereinafter called Principal, and
*SEE MEOW ✓ a corporation organized and existing under the laws of the State of
10wa , 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 Two Hundred Eighty Nine
Thangand Five Hundred Ninety Two DOLLARS and Ninen Fnnr Cents ( 7R9,597 9d)l�n
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 2004-175
_ _ _ _ _ _with the City of Denton, the Owner, dated the IM day of hmP A.D. 2nn3 ✓
a copy of which is hereto attached and made a part hereof, for Rid aO14 —Mark Park-11en;a
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.
*Merchants Boarding Company (Mutual)
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 copies, each one of
which shall be deemed an original, this the 17th day of Jame , 2003✓
ATTEST:
lujQ1419F.1111
Calvert Paving Corporation
G
BY:
SECRETAY BY:
PRESIDENT
ATTEST:
6YIl.7ViWA
Merchants Bonding Company (Mutual)
BY: O?L
BY:
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 Kell -way Drive - Suite 110 - Carrollton, TX 75006
(NOTE: Date of Payment Bond must be date of Contract. If Resident Agent is not a
corporation, give a person Is name.)
PB-4
Merchants Bonding Company
(Mutual)
POWER OF ATTORNEY "Bond No. TX 596405
Know All Persons By These Presents, that the MERCHANTS BONDING COMPANY (MUTUAL)ldcorporation duly organized under
the laws of the State of Iowa, and having its principal office in the City of Des Moines, County of Polk, Slate of Iowa, hath made,
constituted and appointed, and does by these presents make, constitute and appoint
Don E. Smith \�
of Carrollton and State of Texas its true and lawful Attorney -in -Fact, with 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 or other written obligations in the nature thereof, subject to the limitation that any such
instrument shall not exceed the amount of:
Two Million Five Hundred Thousand ($2,500,000.00) Dollars
and to bind the MERCHANTS BONDING COMPANY (MUTUAL) thereby as fully and to the same extent as if such bond or
undertaking was signed by the duly authorized officers of the MERCHANTS BONDING COMPANY (MUTUAL), and all the acts of
said Attomey-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed.
This Power-of-Attomey is made and executed pursuant to and by authority of the following Amended Substituted and Restated By -
Laws adopted by the Board of Directors of the MERCHANTS BONDING COMPANY (MUTUAL) on November 16, 2002.
ARTICLE II, 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 II, SECTION 0 - 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 tat day of January, 2003.
. •0�01pF 9Ma'9'•
,'0:v0 'p�•Zs:
a'• 1933 ; c:
.ti
STATE OF IOWA
COUNTY OF POLK ss.
MERCHANTS BONDING COMPANY (MUTUAL)
By /--C"X7
President
On this tat day of January, 2003, before me appeared tarry Taylor, to me personalty known, who being by me duly sworn did say that
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.
p MARN BOY
F Commissionion Number 10012
ow. My Commission Fxpires
November 4, 2009
Notary Public, Polk County, Iowa
STATE OF IOWA
COUNTY OF POLK ss.
I, WNiam Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL), do hereby certify that the above and foregoing
is a true and correct copy of the POWER -OF -ATTORNEY executed by said MERCHANTS BONDING COMPANY (MUTUAL), which is
still in full force and effect and has not been amended or revoked. /
In Witness Whereof, I have hereunto set my hand and affixed the seal of the Company on this 17thday of JLM , 20031/
aQ\NR . Cp
0o,.oPPO y'
•z,
a' 1933 :-y ;
:yJ'•.
Secretary
MSC 0814 (2/03)
0
Merchants Bonding Com]Dany
Please send all nof.ices of claim on this bond to.-
MP-3-chants Bonding Company (hdutual)
6850 Austin Center Blvd., Suite 200
P. O. Box 26720
Austin, Ti, 78755-0720
(512) 343-9033
0 1
Merchants Bonding Company
Please send all notices of claim on this bond to:
Merchants Bonding Company (Mutual)
6850 Austin Center Blvd., Suite 200
P. O. Box 26720
Austin, TX 78755-0720
(512)343-9033
(D
Merchants Bonding Company
Please send ail notices of claim o)..) this bond to:
Merchants BmAing Company (Mutual)
6850 Austin Center Blvd., Suite 200
P. O. Box 26720
Austin, TX 78755-0720
(512) 343-9033
ACORD, CERTIFICATE O
LIABILITY
INSURANCE
06/osri0o
PRODUCER (940) 382-9691 FAX (940)24
1050
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Ramey & King Insurance
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
530 North I-35 E
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THEIPOLICIES BELOW.
Denton, TX 76205
INSURERS AFFORDING COVERAGE : NAIC III
INSURED Calvert Paving Corporation
015uRERA. EMC Underwriters - 0021
PO Box 268
NNURERO: Texas Mutual Ins. Co. TXMLIT
L4'URERC
INSUPER D'
�F--
Denton, TX 76202
\\
COVERAGES II
THE POLICIES OF INSURANCE LISTED BELOW'HAVE BEEN I
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRA
SUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
T OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLIO 9
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN R
DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
UOED BY PAID CLAIMS.
IR
LT
D'
TYPE OF W$U E
POLICY'UMbFR
P VEFFECTNE
POLICYEXPIRATION
LIMR9
GENERAL LueanY
2EI56472-04
03/07DAM
/2003
03/07/2OD4
HOCCURRENCE
$ 1000 000
DMLAGE TO RE14MC,
SE (Ea
$ 300.0
X CCIN RCV GENERA UABILITY
i
C_A;M1IS MAD'c [X�OCCU
.
ERE
one Facul)
$ 5 O
A
PFFSf1NA1 R ADV INJURY
$ 11000,000
GENERAL AGGREGATE
GENL AGGREGATE LIMITAT?LIES PCR.
POLICE I JECI -C
PRGCUCTS COMP;GP AGG
$ Y, UOO 0
-
I
-
AUTOMOBILELMBILNY
X
M!a.Ro
I
2E56472-04
03/07/2003
T03/07/2OD4
COMBINED SINGLE OMIT
tee aodamj
$ 1,000,000
DOOILY INJURY
(Per Fenonl
ALL OWNEDAUTOS
SCHEUU EOAUIUS
A
I
HIPEDAUTOa
NOW-CIJHED 41JTQ5'
I
I
X
X
BODILY i em,
(Per'a['.cltl9ml
$
PiX1FERl'Y DAMAPF
(Per ao��Oen)
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GARAGE LIABILRY
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ANY ALTO
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OCCUR F7 CLAIM'S MADE
SACS OCCURRENCE
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AGGRECATE
$
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1 � DEGUf.TIBIE
$
$
RETENTION $
WORKERS COMPERSATIONAND
T--------6
4 20011107
1/07/2002
11/07/2003
wC STanr
B �MY
EMPLOYERS' LABILITY
PROFRIETOP/PAR'NIEPJEXECJTIVE
-.FFTOE"AEIADER EY:CLUCI:D7
Ilyes, de cnbe LCiw
SYECIAi FFOVI'iIIUNS CWO'A
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$ ODO
E.L. DISEASE - POLICY LIMIT Is
SOO,O
OTHER
D SCRI 0 OF OPERA IONSfLOCAiI NSIYEHICLESI ONE AD
o�D: �1«� 3015 �1ack Par�C, Denia Recreatio
EDBY'ENDORSENENTISPEC PROVISIONS ��
Center, Senior Center Parking Lot Improvement Project. 5✓ aid
olicy shall not be cancelled, non renewed
or materially changed without 30 days advanced written
otice being given to the owner (city) except
when the poly' is being cancelled for non payment of
remium in which case LO days writtery no
ice is required✓Waiver of subrogation is issued in favor of
older in regards to workmans comp. The
ity of Denton is named as additional insured-:✓
CITY OF DENTON, ITS OFFICIALS,
EMPLOYEES AND VOLUNTEERS
DENISE
901 B TEXAS
DEMON, TX 76201
SHOULD ANY OF THE ABOVE OGECRI990 POLICIES eE CANCELLED EEFORE THF.
E%PIRAl10N THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL
-Q_ AYS WFTTEN NOTICE TO THE CERTIFICATE HOLDER NAKED TO THE LEFT,
BUT FAILURE TO MA SUCH NOTICE SHALL IW OSE NO OBLIGATION OR U SILKY
OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTA4E
ACORD25(2000S) FAX: (940)349-7302 lI OACORD CORPORATION 1988
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 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 drigmating afar suchTapse shall —n—otlie processed-unril7t ie 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
5nn,.non 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 (XCi)
exposures.
• Broad form contractual liability (preferably by endorsement) covering this
contract, personal injury liability and broad form property damage
liability.
Ix 1 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
ofaltautomobites and -mobile equipment usedin conjunction witlrthis-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.
[ ] 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
[ 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'r - include,- - without Zimitation,— providing;- hauliing; - or-deh`venng -
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 -lie based on proper reporting of classification codes anct 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.
SECTION 00300 — Proposal (Bid) Form
Time: 2:p.m.
Date: May 15, 2003
To: Purchasing Agent
City of Denton, Texas
901-B Texas Street
Denton, Texas 76201
Gentlemen:
The undersigned having examined the Contract Documents entitled:
Mack Park, Denia Recreation Center, Senior Center Parking Lot Improvement Project
Bid #3015
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.
%0 Hma-ed Fifty turn MuEad Six Rixted Fifty Ito & 44/100* Dollars ($ 259,652.44 1
Total Materials Incorporated into the Proiect*
$ 155,791.46
Total Labor. Supervision and Materials Not Incorporated into the Proiect* $ 103,860.9B
I* The total of these two lines must equal the Total Base Bid cost.
BASE BID COSTS FOR THE INDIVIDUAL SITES:
The Bidder must provide the total base bid cost for each project site. The City is requiring the cost of
each project site for information and budgetary considerations. It is not the City's intent to divide the
individual project sites into separate contracts or to eliminate any of the project sites to bring the project
within budgeted amounts.
Mack Parking Lot Renovations — North
013e tred 2n'ty MO Snmrrl 51) Hxdma Ftaty ` wo & 73/100* ($ 132,242.73 1
Wck Park o
Mack Park Parking Lot Renovations — South
Eijjrty tti9'*- 71xximrd Mxne Hxdmd SixLy Ftxs & 47/100* ($ 88,364.47 1
Mack Park South TOO
Denia Recreation Center Parking Lot
Sautam 2n-Eard Ftas Hx&ed Sixty Zto & 62/100* ($ 17,462.62 1
on r TOW
Senior Center Parking Lot
Ztmdy One 7irusaird F3.w Rrdre l M91 ty Bno arts 62/100* ($ 21,582.62 1
error center Totw
e.e.... �.......�� .. a.�..�.o..e.a,..r�s, e.� 00300 -1
ALTERNATES:
Alternate #1 — Add — Clean and seal the cracks in the surface of the asphalt parking lot at the Denia
Recreation Center in compliance with the plans and specifications.
Flee ardmi & 00/100* Dollars ($ 500.00 )
rs Is
* The total of these two lines must equal the Altemate #1 cost.
Alternate #2 — Add — Clean and seal the cracks in the surface of the asphalt parking lot located in the
northeast comer of Denia Park, in compliance with the plans and specfications.
Fi%e Hunted & 00/100*
Dollars ($ 500.00 )
* The total of these two lines must equal the Atemate #2 cost.
Alternate #3 —Add — Construct the expanded concrete parking lot and associated elements within the
southern Mack Park, in compliance with the plans and specifications.
MErty Qe Mumard Six Hxdied Kl4ky Etis & 00/100* Dollars ($ 3,684.OD )
$ 13,010.40
$ 8,673.60
* The total of these two lines must equal the Altemate #3 cost.
Alternate #4 — Add — Construct the concrete pad and loading zone pavement for the northern
dumpster (Swimming Pool) at the Senior Center in compliance with the plans and specifications.
Qe 'IlnmNrl Nine Rzft-ed Fifty Sam aril 00/100* Dollars 1, 957.00
($ )
* The total of these two lines must equal the Altemate #4 cost.
Alternate #5 — Add — Construct the concrete pad and loading zone pavement for the southern
dumpster at the Senior Center in compliance with the plans and specifications.
QM MnBm-d Nine Hxft-ed Eighty'Ito & 00/look
Dollars ($ 1,982.00 )
Total Materials Incorporated into the Project* $ 1,174.20
Total Labor. Supervision and Materials Not Incorporated into the Project* $ 192.80—
* The total of these two lines must equal the Altemate #5 cost.
--.._.��...-....o..�....*�.o..�.d...,=a..— 00300-2
Alternate #6 — Add — Construct the parking lot driveway connection between the Senior Center
parking lot and the swimming pool driveway and all associated miscellaneous construction in
compliance with the plans and specifications.
%,r) Mnnan3 %rm Rxiked & 50/100* Dollars ($ 2,317.50 )
$ 1,390.50
927.00
" The total of these two lines must equal the Alternate #6 cost.
Alternate #7 — Add — Clean and seal the cracks in the surface of the asphalt parking lot at the Senior
Center in compliance with the plans and specifications.
Q-e rib a & 00/100* Dollars ($ 1,000.00
. The total of these two lines must equal the Alternate #7 cost.
UNIT PRICES:
The undersigned agrees that the following unit prices will apply to adjust quantities of materials
indicated on drawings. Prices are for materials furnished and installed. It is further agreed that the
quantities of work to be done at unit prices and material to be furnished may be increased or
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.
PAVING COMPONENTS (FURNISH & INSTALL):
6" Asphaltic Pavement
5" Asphaltic Pavement
6" Depth Cement Stabilized Subgrade
6" Depth Lime Stabilized Subgrade
6" Depth Compacted Subgrade
5" thick 3000 PSI concrete paving
8' Wide x 5" Depth concrete walkway
6' Wide x 5" Depth concrete walkway
1.28 DollarsperS.F.
1.07 DollarsperS.F.
3-OD DollarsperS.Y.
3.00 Dollars per S.Y.
1-00 Dollars per S.Y.
2'50 Dollars per S.F.
24.00 Dollars par L.F.
18.00 Dollars per L.F.
8
J
11
5' Wide x 5" Depth concrete walkway
15.00
Dollars per L.F.
5" thick 3000 PSI concrete paving
2.75
Dollars per S.F.
8" Thick 4000 PSI Dumpster Loading Zone Concrete
4.00
Dollars per S.F.
Dowel into existing Concrete Curb
10.00
Dollars each
Dowel into existingConcrete Pavement
10.00
Dollars each
EARTHWORK & DRAINAGE (FURNISH & INSTALL):
Cut, Transport & Place On -site Soil
2.00
Dollars per C.Y.
Import and Place Off -site Soil
2.00
Dollars per C.Y.
Export and Dispose On -site Soil
2.00
Dollars per C.Y.
DRAINAGE COMPONENTS (FURNISH AND INSTALL):
5' wide concrete flume
22.00
Dollars per L.F.
Type C Headwalls @ Existing Culverts
11000.00
Dollars each
TURF COMPONENTS (FURNISH AND INSTALL)
Common Bermuda solid sod
Staked Common Bermuda solid sod
Drill Seeded Common Bermuda Grass
Hyrdromulched Common Bermuda Grass
Drill seeded rye grass
Broadcast seeded rye grass
EROSION CONTROL (FURNISH AND INSTALL):
Perimeter Siltation Barrier
Swale Siltation Fabric Barrier
Stabilized Construction Entrance
Staked Erosion Control Matting
Inlet protection
2.50 Dollars per S.Y.
2.60
Dollars per S.Y.
1.50
Dollars per S.Y.
.50
Dollars per S.Y.
1.00
Dollars per S.Y.
.50
Dollars per S.Y.
1.50
Dollars per L.F.
1.50
Dollars per L.F.
500.00
Dollars each
1.25
Dollars per S.Y.
5OD•00
Dollars each
BIDDER understands the statements and Owner's objectives contained in SECTION 01010 —
Summary of Work.
00300 - 4
J
ADDENDA:
Acknowledge receipt of the following addenda which are part of the Bidding Documents by placing
Addendum #, Date issued and initialing:
Addendum: No. 1 5/1 /03 Addendum No.
Addendum No.
5/14/03
Addendum No.
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 each park as follows:
MACK PARK: July 15, 2003 — September 1, 2003
DENIA RECREATION CENTER: September 1, 2003 — October 10, 2003
DENTON SEIONOR CENTER: June 15, 2003 —November 1, 2003*
* Indicates the range when work maybe accomplished; the Contractor shall prosecute the work
diligently once construction begins and complete the work at the Senior Center within forty-five
(45) consecutive calendar days.
All work schedules are 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.
I...,.e,...�� �.a�..M.da.o..a..��,�.� 00300 - 5
I
BID GUARANTY:
Enclosed with this Bid is a Certified Check for.
Dollars ($ )
or a Bid Bond in the sum of
Fiw Percent Greatest Apt EtLd 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 retumed 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
(End of Section)
Qf corporation, attest and affix
a Corporate Seal)
..w,-.�...a...� ��.... o. �... u...�. 00300 - 6
THE AMERICAN INSTITUTE OF ARCHITECTS
AIA Document A310
Bid Bond
KNOW ALL MEN BY THESE PRESENTS, that we CALVERT PAVING CORPORATION
P.O. Box 268
Denton TX 76202
as Principal, hereinafter called the Principal, and MERCHANTS BONDING COMPANY (MUTUAL)
2100 Fleur Dr. - Des Moines, IA 50321-1158
a corporation duly organized under the laws of the State of Iowa
as Surety, hereinafter called the Surety, are held and firmly bound unto City of Denton
901-B Texas Street
Denton, TX 76201
as Obligee, hereinafter called the Obligee, in the sum of FIVE PERCENT OF THE GREATEST AMOUNT BID
Dollars ($ 5 % G.A.B. ),
for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves,
our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, The Principal has submitted a bid for
Parking Lot Improvement Project — Bid 3015
Mack Park, Denia Park, Senior Center
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the
Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or
Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment
of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such
Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty
hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract
with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in
full force and effect.
Signed and sealed this 15th
day of Mav , 2003.
CALVERT PAVING CORPORATION
(Principal) (Seal)
E.D. CalV Ct (Tide) PLmsiclat
O MERCHANTS BONDING COMPANY (MUTUAL)
�2� a(Sure J (Sea:)
L (Witness)
&n _
Don E. Smith (Fide) Attorney -In -Fact
ALA DOCUMENT A310 . BID BOND. ALA 0. FEBRUARY 1970 ED . THE AMERICANNSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON,
D.C. 20006 1
Merchants Bonding Company
(Mutual)
POWER OF ATTORNEY Bond No.
Know All Parsons By These Prosonfs, Thar the MERCHANTS BONDING COMPANY (MUTUAL), a corporalionduly bmatimcd under
the laws of the Slate of Iowa, and having its principal office In the City of Des Moines, County of Polk. Stale of Iowa, halh made,
constituted and appointed, and dons by these presents make, constitute and appoint
M & D Bonding Inc. dba Smith CanstroclivaBonding ())oil U, Smith)
of Armors' Branch and Slate of Texas its true and lawful Atlornby-in-Fact, whh full power
co and authority hereby nferred in Its name, Place and stood, to sign, executo, acknowledge and da!lvof in its behalf as surety any
and all bnnde. undertakings, recogliizanees or other wdlton obligations in die nuturo thereof, subjek:! lu aim limitation that any Such
Instrument shall not emmed the amount of.
TWu Million f'Ivc IIandred Thousand ($2,500,000,00) D011at-s
and to bind tfa, MERCHANTS BONDING COMPANY (MUTUAL) thereby as fully and to the same extent as if such bond or
undertaking was signed by the duly authorized officers of the MERCHANTS 60NDING COMPANY (MUTUAL), and al die acts of
said Adornoy-in-Paol, pursuant to the authority herein divan, are hereby retired end confirmed.
Tf•ta Power-M-Anornay is made and executed pursuant to and by authority W the following Amended Su bslituled and Restated By-
laws adopted by tie Board of Directors of tha MERCHANTS BONDING COMPANY (MUTUAL) on Oolobor 2. 1992.
ARTICLE 11. SECTION 8 - The Chairman of tie Board or President or any Vice President or Secretary shelf have puivur and
authority to appoint AttonfaysJn-Fact, and to authorize them to execute an behalf of the Company, and attach the Seal of the
Company Ihereto, bonds arra undetakings. iucugnizances, contracts of indemnity and omur writings obligatory h the nature
thereof.
ARTICLE 11. SECTION 9 - The signature cf any authorood of floor and the Seal of the Company may be affixed by facsind:a
to any Power of Attorney a Cadirrcetion thereof aulhortztng the oxocullon and delivery of any bond, undertaking,
recognizance. or other suretyship obligations of the Company, and such signature and seal whar so used shall have the
same force and effect me though manually fixed.
In Witless Whereof. MERCHANTS BONDING COMPANY (MUTUAL) has caused these presents to be signed by ds Presidont and
ILs mrpmate seal to ba hereto affixed, thls 2nd day of Januaty , 2002 ,
AO)NG,�Q e, MhRCHANTSBONDING COMPANY (MUTUAL)
By
STATE OF IOWA �• ....... • President
COUNTY OF POLK an.
On this 2bd day of January 2nn2 bulom me appeared Larry Taylor, to
me porscna8y known, who being by me duly sworn did say that he to President of the MERCHANTS BONDING COMPANY (MUTUAL),
the corporation describoo It the foregoing instrument, and that the Seal affixed to the said instrument is the Corporate Seat of Ihs said
Corporation and Quit the said Insirumenl was signed and scaled In behalf of said Corporation by authority of its Board of Direotors.
In Testimony Whereof. I have hereunto cot my hand and affixed my Olfioel Beal at the City of bes Moines, Iowa. the day antl year First
above wation.
Att RUTsi MCGLAIN
F Commission Numper201259
dW My Commission Exphas
February 19, IF019
STATE OF IOWA
COUNTY OF POI.K tic.
e/(r ClrkG ;;
Notery Publk. Pak county, Iowa
I, Willianx Warner, Jr., Secretary of Uxc MERCHANTS BONDING COMPANY (MUTUAL), do hofeuy oanify, that the above and [am -going a true and correct cop/ of the POWI-R-OF-ATTORNEY executed by sold MERCHANTS BONDING COMPANY (MUTUAL), which is
still In Woo and effuut. -
In Witness Whereof, I have hereunto set rnv hand anc afrirad r. real of the Company on
this 15th dayof May , 200? ,+.,..+• y /
�'/�sLn.r/ F✓r`+-73�*-ry Spa ,
Sucremry
n r: 0014 IV?)
ADDENDUM 1
Please delete these pages from this specification:
Page 21— 24
There are no other changes at this time.
Ackowledgement of receipt of Addendum I
This form should be signed and returned with your bid
Name: E.D. Calvert
Signature:
Company: Calvert Paving Corporation
Title: President
Date: 5/15/03
N/14/2883 18:25 2145535781
D"IN... WSS & DSA)
PACE 82
Nley 14. 2003
Meek Park, Denis Recreation Center,
Senior CenW Parking Lot Improvement Proj*et
Bid #3015
Denton, Texas
To: AN Contract Mdders
From: Dunkin Sims Stotfefs, Inc.
9003 White Rods Trail Suite 210
Dallm, Teas 75238
Acknowledge receipt of this Addendum by including it with the submitted Proposal Form
and noting Ws receipt in the space provided in the Proposal Form. Fagure to do 80 may
subject bidder to disqualification. This Addendum forms a part of the Contract
Ooouments and mudbn, amends, deletes andror adds to the drawing and Project
Manual as follows:
Item 01 - Back Park— ParMng Lot Jointing Piano
Attached as Exhiblt A' are the jokhing plans for the north and south Mack
Park Parting Lots. Jointing in the base bid parking lots *hall be Included in
the base bid end the joints within the Alternate #3 parking lot shall be
Included in Alternate #3.
Iterrr 08 - Conorello Pavement Strangtih
AN Concrete used within the various projects contained within this bid shag
be 3000 PSI, five sack mbc
of, T"),y /
L I�
By
%91wbileReek Trs%OvH2te DeNeojew Two (2t4)s4]-ms
PURCHASING DEPARTMENT
City of Dentin
901-8 Texas Street
Denton, Texas 76209
ADDENDUM # I
0
BID INVITATION
CITY OF DENTON, TEXAS
Date: May 14, 2003
BID NUMBER: 3015 - ADDENDUM # 1
BID TITLE: Mack Park, Denis Recreation Center,
Sector Center Parking Lot Improvement Project
Sealed bid proposals will be received until 2:00 p.m.
May 13, 2003 at the office of the Purchasing Agent, 901-
B Taxes Street, Denton, Texas 76209
For additional information contact
RCBIAMNG DEPARTMENT
9DI-3Texas Strast
Denton, Texas 76209
Offiot
NO.349.710D
INSTRUCTIONS TO BIDDERS
DFW Metro
917-267.0042
I. Sealed bid propoeais must be !]mely"to dualleste, on this form, prior to opening dale and time to be considered. late proposals will
returned unopened.
2. Bids shall be plainly marked as to the bid number, mane of the bid, and bid opening data on the outside of completely aimed envelope,
mailed or delivered to the Purchasing Department, City of Denton, 901-B Texas Street, Denton, TX 76209.
3. Any submitted article dr visiting lrom the epwi8catlona treat be identified and have full descriptive dote accompanying same, of it will
be considered.
4. All materials are to be quoted FOB Denton, Texas delivered to the floor of the werehoow, or ore otherwise indicated.
S. The City of Denton, Taxes reserves the right to accept separate items Ina bid unless this right 1s denied by the bidder.
6. In case of dttault after bid acceptance, the City or Denton, Texas may at its option hold the accepted bidder or omtractor liable lbr any
all reultart marcased costs m a peoatty for web default
7, The City of Denton rcurvao the right to reject any and all bids, to waive all informalities and require that submitted bids rartaia in 11
for a sixty (60) day period after opening or untit sward is motet whichever comes first.
8. The quantities shown may be approximate unit could vary according to the requirements of the City of Denton throughout the con,
period.
9. Ths irons are 10 be priced cash net, (Packaging or shipping quantities will be considered.)
10. The Purchasing Department tuauma responsibility for the ootreetneas and clarity of this bid, and all information "or gnrrstiohs
pertaining to this bid Shall be directed to the City of Denton Purchasing Agent. _
1 1. Any attempt to negotiete or give information on the contents of this bid with the City of Denton or its representatives prior to award shyl
be grou»dr for disqualiaoaioe.
12, The wrodidona and terms of this bid will be considered when avaluating ter award
13. The City of Demon is exempt from all noise and excise taxes. (Article 20.()4-B)