2008-071ORDINANCE NO. 200'- D 7 ~
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS
CONTRACT FOR THE CONSTRUCTION OF A SCALE HOUSE AT THE CITY OF DENTON
LANDFILL; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING AN EFFECTIVE DATE (BID 3948-LANDFILL SCALE HOUSE CONSTRUCTION
AWARDED TO THE LOWEST RESPONSIVE BIDDER MEETING SPECIFICATION CALIBER
CONSTRUCTION, INC. IN THE AMOUNT OF $349,570).
WHEREAS, the City has solicited, received and tabulated competitive bids for the
construction of public works or improvements in accordance with the procedures of State law and
City ordinances; and
WHEREAS, the City Manager or a designated employee has received and recommended that
the herein described bids are the lowest responsible bids for the construction of the public works or
improvements described in the bid invitation, bid proposals and plans and specifications therein;
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The following competitive bids for the construction of public works or
improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on
file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto,
are hereby accepted and approved as being the lowest responsible bids:
BID
NUMBER CONTRACTOR AMOUNT
3948 Caliber Construction, Inc. $349,570
SECTION 2. The acceptance and approval of the above competitive bids shall not constitute
a contract between the City and the person submitting the bid for construction of such public works
or improvements herein accepted and approved, until such person shall comply with all requirements
specified in the Notice to Bidders including the timely execution of a written contract and famishing
of performance and payment bonds, and insurance certificate after notification of the award of the
bid.
SECTION 3. The City Manager is hereby authorized to execute all necessary written
contracts for the performance of the construction of the public works or improvements in accordance
with the bids accepted and approved herein, provided that such contracts are made in accordance
with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms,
conditions, plans and specifications, standards, quantities and specified sums contained therein.
SECTION 4. Upon acceptance and approval of the above competitive bids and the
execution of contracts for the public works and improvements as authorized herein, the City Council
hereby authorizes the expenditure of funds in the manner and in the amount as specified in such
approved bids and authorized contracts executed pursuant thereto.
SECTION 5. This ordinance shall become effective immediately upon its passage and
approval.
S~
PASSED AND APPROVED this the ~~ day of ,2008.
~,livu , .Y~1s ~..~~0
PER R. McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: .(,o
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
3-ORD- 3948
CONTRACT AGREEMENT
STATE OF TEXAS
§ COUNTY OF DENTON §
THIS AGREEMENT, made and entered into this 1st day of Ayril A.D., 2008, by
and between City of Denton of the County of Denton and State of Texas, acting through
George C. Campbell thereunto duly authorized so to do, hereinafter termed
"OWNER," and
Caliber Construction Inc.
504 Chambers Street
Denton, Texas 76205
of the City of Denton, County of Denton and State of Texas ,hereinafter termed
"CONTRACTOR."
WITNESSETH: That for and in consideration of the payments and agreements hereinafter
mentioned, to be made and performed by OWNER, and under the conditions expressed in the bonds
attached hereto, CONTRACTOR hereby agrees with OWNER to commence and complete
performance of the work specified below:
Bid 3948 Landfill Scale House Construction
in the amount of $349.570 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
nTher arreccnrieS and cervirec nereccary to nnmplete tb?. wnIk Specified above, in ar_.enrdance with
the conditions and prices stated in the Proposal and the Performance and Payment Bonds, attached
hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions,
the Notice to Bidders (Advertisement for Bids), and Instructions to Bidders, as referenced herein
and on file in the office of the Purchasing Agent, and in accordance with all local, state and federal
laws; and plans, which includes all maps, plats, blueprints, and other drawings and printed or
written explanatory matter thereof, and the Specifications therefore, as prepared by:
Chiang, Patel & Yerby, lnc.
all of which are referenced herein and made a part hereof and collectively evidence and constitute
the entire contract.
CA-1
Independent Status
It is mutually understood and agreed by and between City and Contractor that Contractor is
an independent contractor and shall not be deemed to be or considered an employee of the City of
Denton, Texas, for the purposes of income tax, withholding, social security taxes, vacation or sick
leave benefits, worker's compensation, or any other City employee benefit. City shall not have
supervision and control of Contractor or any employee of Contractor, and it is expressly understood
that Contractor-shall perform the services hereunder according to the attached specifications at the
general direction of the City Manager of the City of Denton, Texas, or his designee under this
agreement.
Indemnification
Contractor covenants and agrees to and does hereby indemnify, hold harmless and defend, at
its own expense, Owner, its officers, servants and employees, from and against any and all claims or
suits for property loss or damage and/or personal injury, including death, to any and all persons, of
whatsoever kind or character, whether real or asserted, arising out of the Work and services to be
performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or
invitees, whether or not caused, in whole or in part, by the alleged negligence of the officers,
servants, employees, of the Owner. Contractor likewise covenants and agrees to, and does hereby,
indemnify and hold harmless Owner during the performance of any of the terms and conditions of
this Contract; whether arising out of in whole or in part, any and all alleged acts or omissions of
officers, servants, or employees of Owner. The provisions of this paragraph are solely for the
benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise,
to any other person or entity.
Choice of Law and Venue
This agreement shall be governed by the law of the State of Texas and venue for its
construction and enforcement shall lie in the courts of Denton County, Texas.
The CONTRACTOR hereby agrees to commence work on or after the date established for
the start of work as set forth in written notice to commence work and complete all work within the
time stated in the Proposal, subject to such extensions of time as are provided by the General and
Special Conditions.
The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown
in the Proposal, which forms a part of this contract, such payments to be subject to the General and
Special Conditions of the Contract.
CA-2
Right to Audit
The OWNER shall have the right to audit and make copies of the books, records and computations
pertaining to this agreement. The CONTRACTOR shall retain such books, records, documents and
other evidence pertaining to this agreement during the contract period and five yeazs thereafter,
except if an audit is in progress or audit findings are yet unresolved, in which case records shall be
kept until all audit tasks are completed and resolved. These books, records, documents and other
evidence shall be available, within ]0 business days of written request. Further, the
CONTRACTOR shall also require all Subcontractors, material suppliers, and other payees to retain
all books, records, documents and other evidence pertaining to this agreement, and to allow the
OWNER similaz access to those documents. All books and records will be made available within a
50 mile radius of the City of Denton. The cost of the audit will be borne by the OWNER unless the
audit reveals an overpayment of 1% or greater. If an overpayment of 1% or greater occurs, the
reasonable cost of the audit, including any travel costs, must be borne by the CONTRACTOR
which must be payable within five business days of receipt of an invoice.
Failure to comply with the provisions of this section shall be a material breach of this contract and
shall constitute, in the OWNER'S sole discretion, grounds for termination thereof. Each of the
terms "books", "records", "documents" and "other evidence", as used above, shall be construed to
include drafts and electronic files, even if such drafts or electronic files aze subsequently used to
generate or prepaze a final printed document.
CA-3
IN WITNESS WHEREOF, the parties. of these presents have executed this agreement in the
year and day first above written.
ATTEST:
ATTEST:
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City of Denton
OWN
BY:
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CONTRACTOR
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CA-4
PERFORMANCE BOND
STATE OF TEXAS §
Bond No. 4367048
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS: That Caliber Construction lnc~hose
address is 504 Chambers Street Denton, TX 76205
hereinafter called Principal, and SureTec Insurance Company / a corporation
organized and existing under the laws of the State of Texas 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 p nal sum of Three Hundred Fort Nine
Thousand Five Hundred Seventy Dollazs and 0/lOd~OLLARS $349 570 lus ten percent of
the stated penal sum as an additional sum of money representing additional court expenses,
attorneys' fees, and liquidated damages arising out of or connected with the below identified
Contract, in 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 2008-071, with the City of
Denton, the Owner, dated the 1st day ofAnril A.D. 2008,~opy of which is hereto attached
and made a part hereof, for Bid 3948 Landfill Scale House Construction
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 Fians, 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 two (2) years from the date of final completion and final acceptance of the Work by
the Owner; and, if the Principal shall fully indemnify and save harmless the Owner from all costs
and damages which Owner may suffer by reason of failure to so perform herein and shall fully
reimburse and repay Owner all outlay and expense which the Owner may incur in making good
any default or deficiency, then this obligation shall be void; otherwise, it shall remain in full
force and effect.
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 fo the terms of the Contract,
or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc.,
accompanying the same, shall in anywise affect its obligation on this Bond, and it does hereby
waive notice of any such change, extension of time, alteration or addition to the terms of the
Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings,
etc.
This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government
Code, as amended, and any other applicable statutes of the State of Texas.
The undersigned and designated agent is hereby designated by the Surety herein as the
Resident Agent in Denton County to whom any requisite notices may be delivered and on whom
service of process may be had in matters arising out of such suretyship, as provided by Article
7.19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas.
IN WITNESS WHEREOF, this instrument is executed in four copieJs ,each one of which
shall be deemed an original, this the 1st day of April 2008 V
ATTEST:
,, I vP
BY: ?g~1r1~ r Qe-
s~~-
PRINCIPAL
Caliber Construction, Inc.
BY: faun ~~ c ~~ -le.k' ~
PRESIDENT
ATTEST:
Cindy Fowler, Witness
SURETY
SureTec Insurance Company
BY: 1 ~ ~ ,~
ATTORN -IN-FAC - -
Connie Jean Kregel, Attorney-?n-Factr~ --
The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service~of
the process is:
Jeffrey Todd McIntosh
NAME: Allied North America Insurance Brokerage of Texas, LLC
STREET ADDRESS: iv~n C.o;t xa_, ste_ ~sn, natta~, Tx ~S~si
(NOTE: Date of Performance Bond must be date of Contract. IjResident Agent is not a corporation,
give a person's name.)
PB-2
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5~
PAYMENT BOND
STATE OF TEXAS §
Bond No. 4367048
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS: That Caliber Construction Ino./ ,
whose address is 504 Chambers Street Denton, TX 76205 hereinafter called Principal, and
SureTec insurance Comoanv / , a corporation organized and existing under the laws
of the State of Texas ,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 Three Hundred Fort Nine
Thousand Five Hundred Seventy and 0/IOODOLLARS ($349,570) 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 2008- 071,/with the City of
Denton, the Owner, dated the 1st day of Anril A.D. 2008,v5 copy of which is/
hereto attached and made a part hereof, for Bid 3948 Landfill Scale House Construction /
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 ties obligation shalt 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 surety, as provided by Article 7.19-1
of the Insurance Code, Vemon's Annotated Civil Statutes of the State of Texas.
IN WITNESS WHEREOF, this instrument is executed in four coP3es, each one of which
shall be deemed an original, this the 1st day of April 2008 ~•~
ATTEST'/~~`" ~~
BY: ~(X.11~ ~~c~h-I~r ~~
,T-A~
PRINCIPAL
Caliber Construction, Inc.
BY: -1 n n~ ~i c.~l-4e-P-,/
PRESIDENT
ATTEST:
BY: ~,vrl~~rlr~--
Cindy Fowler, Witness
SURETY
SureTec Insurance Company/
BY: ~, ~ .~
ATTO -IN-FAC ~•
Connie Sean Kregel, Attorney-In'-Fact
The Resident Agent of the Surety in Denton County, Texas for delivery of notice and'sarvice~of„,~
the process is:
Jeffrey Todd McIntosh
NAME: Allied North America Insurance Brokerage of Texas, LLC
STREET ADDRESS: 12770 Coit Rd.. Ste. 750. Dallas. TX 75251
(NOTE: Date of Payment Bond must be date of Contract. If Resident Agent is not a
corporation, give a person's name.)
PB-4
~~~
5P
roA a: x221003
SureTec Insurance Company
LiMi'ITD POWER OF ATTORNEY
Knoty A[/ Meu by Tliese Presents, That SURETEC INSURANCE COMPANY he "Company"), a corporation duly organized and
existing under the laws of the State of Texas, and having its principal office in Ilouston, Harris County, Texas, does by these presents
make, constitute and appoint ~
L. Ray Pitts, Jr., Beverly M. Trimble, Richard M. Abbott, ('^^^iP te•m KreCelYJeffrey Todd McIntosh, Cynthia Watson Powler
of Dallas, Texas its mte and lawfid Attorney(s)-in-fact, with ftdl power and authority hereby conferred in its name, place and stead, to
execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to
include waivers to the conditions of contracts and consents of surety, providing the bond penalty/does not exceed
five Million and no/100 Dollars ($5,000,OOOAO)V
and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate
seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that [he said Attorney(s)-in-Pact may do in [he
premises. Said appointment shall continue in force until 12/31/09 / and is made ender and by authority of the following
resolutions of the Board of Directors of the SureTec Insurance Company:
Re it Resohed, that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is
hereby vested with full power and authority to appoint any one or more suitable persons as Anomey(s)-in-Fact to represent and act for and on
hehalf of the Company subject to the following provisions:
Attorney-in-Foci may be given full power and authority for and in the name of and oC behalf of the Company, to execute, acknowledge and
deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all
notices and documents canceling or terminating the Company's liability thereunder, and any such instmments so executed by any such
Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary.
Ue it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or
any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall he valid
and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at n meeting held on 2(M^ njdprif,
1999)
Lr IVilness {Vbereof, SURETEC INSURANCE COMPANY has caused these presents to he signed by its President, and its corporate seal
[o be hereto affixed this 20th day of Jnne, A.D. 2005-
«r~~, LJRETEC LNSL CE COMPANY
S~PANCF i
\x,: ,......... n
wl X 9 ;~ By:
m w~'~`/~t1}f~ ~ n: Bill King, re c nt
~~,4(~1 ~'/2r
State of Texas ss: ~ -- ..(1 VV Y,f
County of Harris - "'°•~~,
w
On this 20th day of June, A.D. 2005 before me personally came Hill King, to me known, who, being by me duly sworn, did depose and-say, that he
resides in Ilouston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above
instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; [hat it was so affixed by order of the
board of Directors of said Company; and that he signed his name thereto by like order.
Michelle Denny
Nofmy Public ~ ,'- ^ I' „ ~~p Jx r„ ~~--,
a • 81019 o1 T9x01 - (/Y(,r/Lt.('f ./r"vv"n
a~ MyCOtnmtsslon Expires Michelle Penny, Nn[ary Pub tc
August 27, 2DD9 My commission expires August 27, 2008
I, M. Wren[ neaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy
of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Hoard of Directors, set
uut in the Power o(Attomey are in full force and effect. rJ 1
Given under my hand and the seal of said Company al Ilouston, Texas this S`r ay of ~ I L , 20~, A.D.
' ,\// M. Brent Beaty, Assistant Se re try
Any instrument Issued In excess of the penalty staled ahova Is [ota:iy void ar.d without any validity.
For verification of the authority of this power you may call (71x) 672-0900 any business day between 0:00 am and 5:00 pm CST.
-!~
SureTec Insurance Company
THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION
Statutory Complaint Notice
To obtain information or make a complaint: You may call the Surety's toll free telephone
number for information or to make a complaint at: 1-866-732-0099
You may also write to the Surety at:
SureTec Insurance Company
9737 Great Hills Trail, Ste. 320
Austin, TX 78759
You may contact the Texas Department of Insurance to obtain information on companies,
coverage, rights or complaints at 1-800-252-3439.
You may write the Texas Department of Insurance at
PO Box 149104
Austin, TX 78714-9104
Fax#: 512-475-1771
PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or
about a claim, you should contact the Surety first. If the dispute is not resolved, you may
contact the Texas Department of Insurance.
Important Notice Regarding
Terrorism Risk Insurance Act of 2002
The Bond to which this Rider is attached does not provide coverage for, and the surety shall
not be liable for, losses caused by acts of terrorism, riot, civil insurrection, or acts of war.
Exclusion of Liability for
Mold, Mycotoxins, and Fungi
The Bond to which this Rider is attached does not provide coverage for, and the surety
thereon shall not be liable for, molds, living or dead fungi, bacteria, allergins, histamines,
spores, hyphae, or mycotoxins, or their related products or parts, nor the remediation thereof,
nor the consequences of their occurrence, existence, or appearance.
Triple Rider with Mold Excl.doc rev. 11_03
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 jails to comply strictly with the insurance
requirements, that bidder may be disqualified from award ojthe 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 Ciry 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
clarifcation 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 ar 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 declazed in the bid proposal. If
requested by the City, the insurer shall reduce or eliminate such deductibles or
self-insured retentions with respect to the City, its officials, agents, employees and
volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and
related investigations, claim administration and defense expenses.
• Liability policies shall be endorsed to provide the following:
• Name as additional insured the City of Denton, its Officials, Agents,
Employees and volunteers.
CI-9
• That such insurance is primazy to any other insurance available to the
additional insured with respect to claims covered under the policy and that this
insurance applies separately to each insured against whom claim is made or
suit is brought. The inclusion of more than one insured shall not operate to
increase the insurer's limit of liability.
• Cancellation: The City requires 30 day written notice should any of the
policies described on the certificate be cancelled or materially changed
before the expiration date.
• Should any of the required insurance be provided under aclaims-made form,
Contractor shall maintain such coverage continuously throughout the term of
this contract and, without lapse, for a period of three years beyond the contract
expiration, such that occurrences arising during the contract term which give
rise to claims made after expiration of the contract shall be covered.
• Should any of the required insurance be provided under a form of coverage that
includes a general annual aggregate limit providing for claims investigation or
legal defense costs to be included in the general annual aggregate limit, the
Contractor shall either double the occurrence limits or obtain Owners and
Contractors Protective Liability Insurance.
• Should any required insurance lapse during the contract term, requests for
payments originating after such lapse shall not be processed until the City
receives satisfactory evidence of reinstated coverage as required by this contract,
effective as of the lapse date. If insurance is not reinstated, City may, at its sole
option, terminate this agreement effective on the date of the lapse.
CI-]0
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS:
All insurance policies proposed or obtained in satisfaction of this Contract shall additionally
comply with the following marked specifications, and shall be maintained in compliance with
these additional specifications throughout the duration of the Contract, or longer, if so noted:
~X ] A. General Liability Insurance:
General Liability insurance with combined single limits of not less than
$1,000,00O.OOsha11 be provided and maintained by the Contractor. The policy shall be
written on an occurrence basis either in a single policy or in a combination of
underlying and umbrella or excess policies.
If the Commercial General Liability form (ISO Form CG 0001 current edition) is used:
• Coverage A shall include premises, operations, products, and completed
operations, independent contractors, contractual liability covering this contract
and broad form property damage coverage.
Coverage B shall include personal injury.
Coverage C, medical payments, is not required.
If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and
ISO Form GL 0404) is used, it shall include at least:
Bodily injury and Property Damage Liability for premises, operations, products
and completed operations, independent contractors and property damage
resulting from explosion, collapse or underground (XCU) exposures.
Broad form contractual liability (preferably by endorsement) covering this
contract, personal injury liability and broad form property damage liability.
[X] Automobile Liability Iusurauce:
Contractor shall provide Commercial Automobile Liability insurance with Combined Single
Limits (CSL) of not less than $500,000.00 either in a single policy or in a combination of
basic and umbrella or excess policies. The policy will include bodily injury and property
damage liability arising out of the operation, maintenance and use of all automobiles and
mobile equipment used in conjunction with this contract.
Satisfaction of the above requirement shall be in the form of a policy endorsement for:
any auto, or
all owned, hired and non-owned autos.
CI - 11
[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.
CI - 12
[ ] Commercial Crime
Provides coverage for the theft or disappearance of cash or checks, robbery inside/outside
the premises, burglary of the premises, and employee fidelity. The employee Fidelity
portion of this coverage should be written on a "blanket" basis to cover all employees,
including new hires. This type insurance should be required if the contractor has access to
City funds. Limits of not less than each occurrence are required.
[ ] Additional Insurance
Other insurance may be required on an individual basis for extra hazardous contracts and
specific service agreements. If such additional insurance is required for a specific contract,
that requirement will be described in the "Specific Conditions" of the contract specifications.
CI - ] 3
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 oh 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/beveraee 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:
CI-14
1) a certificate of coverage, prior to that person beginning work on the project, so the
governmental entity will have on file certificates of coverage showing coverage for
all persons providing services on the project; and
2) no later than seven days after receipt by the contractor, a new certificate of coverage
showing extension of coverage, if the coverage period shown on the current
certificate of coverage ends during the duration of the project.
F. The contractor shall retain all required certificates of coverage for the duration of the
project and for one year thereafter.
G. The contractor shall notify the governmental entity in writing by certified mail or
personal delivery, within 10 days after the contractor knew or should have known, of
any change that materially affects the provision of coverage of any person providing
services on the project.
H. The contractor shall post on each project site a notice, in the text, form and manner
prescribed by the Texas Workers' Compensation Commission, informing all persons
providing services on the project that they are required to be covered, and stating how a
person may verify coverage and report lack of coverage.
I. The contractor shall contractually require each person with whom it contracts to provide
services on a project, to:
1) provide coverage, based on proper reporting of classification codes and payroll
amounts and filing of any coverage agreements, which meets the statutory
requirements of Texas Labor Code, Section 401.011(44) for all of its employees
providing services on the proiect, for the duration of the proiect;
2) provide to the contractor, prior to that person beginning work on the project, a
certificate of coverage showing that coverage is being provided for all employees of
the person providing services on the project, for the duration of the project;
3) provide the contractor, prior to the end of the coverage period, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the current
certificate of coverage ends during the duration of the project;
4) obtain from each other person with whom it contracts, and provide to the contractor:
a) certificate of coverage, prior to the other person beginning work on the project;
and
b) anew 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;
CI - 15
5) retain all required certificates of coverage on file for the duration of the project and
for one year thereafter;
6) notify the governmental entity in writing by certified mail or personal delivery,
within 10 days after the person knew or should have known, of any change that
materially affects the provision of coverage of any person providing services on the
project; and
7) contractually require each person with whom it contracts, to perform as required by
paragraphs (1) - (7), with the certificates of coverage to be provided to the person for
whom they are providing services.
J. By signing this contract or providing or causing to be provided a certificate of coverage,
the contractor is representing to the governmental entity that all employees of the
contractor who will provide services on the project will be covered by workers'
compensation coverage for the duration of the project, that the coverage will be based on
proper reporting of classification codes and payroll amounts, and that all coyerage
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.
CI - 16
ONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ
For vendor or other erson doin business with local overnmental entit
This questionnaire reflects changes made to the law by H.B. 1491, 80th Leg., Regular Session.
OFFICE USE ONLY
This questionnaire is being filed in accordance with chapter 176 of the Local Government Code by a Date Receive0
person doing business with the governmental entity.
By law this questionnaire must be filed with the records administrator of the local government not
later than the 7th business day after the date the person becomes aware of facts that require the
statement to be filed. See Section 176.006, local Government Code.
A person commits an offense if the person violates Section 176.006, Local Government Code. An
offense under this section is a Class C misdemeanor.
1 Name of person who has a business relationship with local governmental entity.
N/~
2 Nl
~
^ Check this box if you are filing an update to a previously filed questionnaire.
(The law requires that you file an updated completed questionnaire with the appropriate fling authority not later than the 7'" business
day after the date the originally fled questionnaire becomes incomplete or inaccurate.)
3
Name of local government officer with whom filer has an employment or business relationship. Nl
Name of Officer
This section, (item 3 including subparts A, B, C & D), must be completed for each officer with whom the filer has an employment or other business
relationship as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIO as necessary.
A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the
filer of the questionnaire?
Y
0 N
es
o
B. Is the fler of the questionnaire receiving or likely to receive taxable income, other than investment income, from or at the direction of the
local government officer named in this section AND the taxable income is not received from the local governmental entity?
0 Yes 0 No
C. Is the fler of this questionnaire employed by a corporation or other business entity with respect to which the local government officer
serves as an officer or director, or holds an ownership of 10 percent or more?
Y
~ N
es
o
D. Describe each affliction or business relationship.
4
r
I~I LI~-k r-- `~l~(10 ~
~c
~
u
Signature of person doing business with the governmental entity Date
CIQ - 1
aaoPraa asnorzcor
BID SUMMARY
TOTAL BID PRICE $349,570.00
TOTAL PRICE IN WORDS:
Three Hundred Forty Nine Thousand Five Hundred Seventy
Dollars and Zero Cents
In the event of the awazd of a contract to the undersigned, the undersigned will famish a
performance bond and a payment bond for the full amount of the contract, to secure proper
compliance with the terms and provisions of the contract, to insure and guazantee the work
until fmal completion and acceptance, and to guarantee payment for all ]awful claims for
labor performed and materials famished in the fulfillment of the contract.
It is understood that the work proposed to be done shall be accepted, when fully completed
and finished in accordance with the plans and specifications, to the satisfaction of the
Engineer.
The undersigned certifies that the bid prices contained in this proposal have been carefully
checked and aze submitted as correct and fmal.
Unit and lump. sum prices as shown for each item listed in this proposal, shall control over
extensions.
The undersigned agrees *!~is bid bccornes iiie property of the City of Denton after the
official opening.
The undersigned affirms that they are duly authorized to execute this contract.
Vendor hereby assigns to purchaser any and al] claims for overcharges associated with
this contract which arise under the antitrust laws of the United States, 15 USCA Section 1
et sea., and which arise under the antitmst laws of the State of Texas, Tex. Bus. & Com.
Code, Section 15.01, et sea.
PAGE P - 3 OF BID #3948
Receipt is hereby acknowledged of the following addenda to the plans and specifications:
Addendum No. 1 dated February 7, 2008 Received February 7, 2008
Addendum No. 2 dated February 1 1 , 2008 Received February 11 , 8
Addendum No. 3 dated Received
Addendum No. 4 dated Received
Addendum No. 5 dated Received
Caliber Construction, Inc.
CONTRACTOR
BY Scott Richter
504 Chambers Street
Street Address
Denton, Texas 76205
City and State
Seal & Authorization
(Ifa Corporation) (940) 898-8784
Telephone
PAGE P - 4 OF BID #3948
VENDOR COMPLIANCE TO STATE LAW
The 1985 Session of the Texas Legislature passed House Bill 620 relative to the awazd of
contracts to non-resident bidders. This law provides that, in order to be awarded a contract
as low bidder, non-resident bidders (out-of--state contractors whose corporate offices or
principal place of business aze outside of the State of Texas) bid projects for construction,
improvements, supplies or services in Texas at an amount lower than the lowest Texas
resident bidder by the same amount that a Texas resident bidder would be required to
underbid anon-resident bidder in order to obtain a comparable contract in the state in which
the non-resident's principal place of business is located. The appropriate blanks in Section
A below must be filled out by all out-of--state ornon-resident bidders in order for your bid to
meet specifications. The failure of out-of--state or non-resident contractors to do so will
automatically disqualify that bidder. Resident bidders must check the blank in Section B.
A. Non-resident bidders in (give state), our principal place of
business, aze required to be percent lower than resident
bidders by state law. A copy of the statute is attached.
Non-resident bidders in (give state), our principal place of
business, aze not required to underbid resident bidders.
B. Our principal place of business or corporate offices are in the State of Texas: X
BIDDER:
Caliber Construction, Inc.
COMPANY
BY Scott Richter
r
504 Chambers Street
Street Address
Denton, Texas 76205
City and State
THIS FORM MUST BE RETURNED WITH YOUR BID.
PAGE P - 5 OF BID #3948
__
CERTIFICATE OF LIABIL
ITY INSURANCE oa`~o9/zoos
PaooucEa (gl7)261-1101 F/U( (817)261-1120
Apex Insurance Agency, Inc.
600 SiX F1 ags Dr. , Suite 102 THi3 CERTO=KATE IS ISSUED A$ A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED 8Y THE POLICIES BELOW.
Arlington, TX 76011-6322
Cheryl Jackson ~
INSURERS AFFORDING COVERAGE
NAIC ri
INSURED Ca Ter Construction Inc wsuRERA: Scottsdale Insurance Co.
504 Chambers `DIB' INSURER e: American Mercury Lloyds
Denton, TX 76205 S1S ,/ INeuRDie: Texas Mutual Insurance Collpany 184
L~ INSURER O;
INSURERE:
COVER G
THE POLICIES OF INSURANCE LISTED BELOW NAVE BEEN ISSUED TO THE INBURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENF WHH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREW Li SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CWMS.
INSR OV TYPE OFINSUiNN POLICY NUMBER POU EFFFCTP/E POLICY E%PIRATION LIMITS
GENERAL WI&LITY cislaz3saz 8/16/2007 oa/is/zoos EACH OCCVRRENCE i l,ooo,ooo
X COMMEPCMLGENERN.lL181LT' DANAGETORFNTEO i ZOO,000
CUVYS MADE O OCCU NEO EXP IAay Pn° Perm) 4 S, OOO
A PERSOnAtaADVHAIrrr s 1,000,000
GENERAL AGGREDATE f 2,000
000
GENL AGGREGTE LINR APPLIES PER: pROWC15 •COYPrOP AGG ,
i Z OOO,OOO
X POLICI' J~EC~ LOC
AU TOMOOILE UAOILTIY BAPas1o876 4/2s/2oo~ oa/ze/zoos
COM&NEO SINGLE LIMB f
ANYADro t"aetlOdNl 750 000
x aLL owX W Auios
/ ~ aooav IN.RIfI'T
IPw
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f
a
SCHEpULEp AUT0.9
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BODILY INJURY
X
NONOWNED AUTOS
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PROPERTY DAMAGE
ma
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GARAGE lIAB1LRY ~ AUTO ONLY-FA ACCIDENT f
ANY AUTO EA ACC
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AUfO ONLY` AO(7 f
EJU:ESSNMORELLA L1481LRY EACH OGCVRRENCE f '
OCCUR ^CWMSMME AGGREGATE i
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OEOULTERE i
AETENTIDN i i
WORKERS COMPENSATION AND
EAPLO
' TSFOOOll]2aa1
' OS/O2/zOO7 OS/O2/ZOOS X STATIF TH-
C YERS
UAOIUTT
ANY IROPRIETOWPARTNEPoE%ECUTNE EL. EACH ACCIDENT f SOO OO
OFFICERnAEMBER FXCLUDEDT
II
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' E,L OLSEASE. EAFANLOYE f SOO OOO
Yyn
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/iPEGLLL PAOVISR1N9 BebN E.L DI6EA6E-POLICY IIMn i 500,000
amEa
DESG NOF OPERAnON9/LOGTRNi9l VEmCLES/OICLUSIONS ADDED BY ENDORSFAt~Nr SPECNLPROVI90N5
ity o Denton
its Officials
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oyees antl vo
unteers to
e s
ns n t e General Liability Policy above Waiver of Subrogation in favor of the same is
'ncluded on the Workers Compensation Policy.
CERTIFICATE HOI DFR ceurn I AY•Inu
- SIgULO ANY OF THE AROVE OESLRIOFD POUCIF9 BE CANCELLED BEFORE THE
EXPIRATION THEAEOF,TXE ISSUING INSURER WILL ENOGVOR TO MAIL
City of Denton / 3D A'TS WROTFN NOTICE TO THE CEFEnFICATE NOIOFR NAMED TO THE LEFT.
George Campbell - OUT FAI LURE TO NAIL-SUCH NOTLESNALLIMPOSE NOOBUOATION OR LIAORRY
215 F MCK7 nosy OF ANY KBiO UPON THEINSURER ITb AGENTS OR REPRF$ENTATIVES.
Denton, TX 76201 AUTMOWZEOREPRE9ENiAT1VE / ~1
/ ~n~01U~
e
Jerr O
Rear/CHERYL
gCORD 25 (2001108) FAX: (940)349-8596 OACORD CORPORATION 1988
IMPORTANT
If the certtf~ate holder is an ADDITIONAL INSURED, the policy(ies) must 6e endorsed. A statement
on this certificate does not confer dghls to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, suhject to the terms and condlgons of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder In Ileu of such endorsement(s).
DISCLAIMER
The Certklcate of Insurance on the reverse side o/this form does not wnstitute a wntract between
the issuing insurer(s), autMrized represenfadve or producer, and the certlflcate holder, nor does it
atrrmetively or negatively amend, a#end or alter the coverage afforded by the pclicles listed thereon.
ACORD 25 (2oD11o6)