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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: 4 i~ ~~~ .~° ~` , r ~i_~-~ , City of Denton OWN BY: -, /l% _ i (SEAL) =_ ~~, \Y CONTRACTOR l,(.lX 11~r l_P7'l~.l"lJC'~.i_CL1!\~~/ , Sod C~I1c a I~.r~ SC.+r~~ be,;~~t~,~ , T~ X ~ 'I (x2~ s MAILING ADDRESS APPROVED AS (~1~-10~ 8~8-8~8 PHONE N'Jiv1DER L °I X10) 5~1 I - 0~ oy FAX NUMBER BY: v~c~ -~~~t TITLE S c btt p~.~1~ PRINTED NAME (SEAL) CITY A 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 ~~tPi 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 erm) f a SCHEpULEp AUT0.9 p X MIRED AUT09 ~/ BODILY INJURY X NONOWNED AUTOS ~ tp°*°uaaeD4 i PROPERTY DAMAGE ma l i ryer e en l GARAGE lIAB1LRY ~ AUTO ONLY-FA ACCIDENT f ANY AUTO EA ACC OTTER THAN i AUfO ONLY` AO(7 f EJU:ESSNMORELLA L1481LRY EACH OGCVRRENCE f ' OCCUR ^CWMSMME AGGREGATE i f 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 e ' E,L OLSEASE. EAFANLOYE f SOO OOO Yyn eeOlOauMP /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 l A Addit i t E l l b h , , ona _ gen oTJn as ~, s, mp 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)