2006-004
ORDINANCE NO.J O()ro - 00'-/
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS
CONTRACT FOR THE CONSTRUCTION OF THE UNICORN LAKE-DENTON STATE
SCHOOL BRICK SCREENING WALL; PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 3422-UNICORNLAKE-DENTON
STATE SCHOOL BRICK SCREENING WALL IMPROVEMENT PROJECT AWARDED TO
CALVERT PAVING CORP. IN THE AMOUNT OF $98,000).
WHEREAS, the City has solicited, received and tabulated competitive bids for the
construction of public works or improvements in accordance with the procedures of State law and
City ordinances; and
WHEREAS, the City Manager or a designated employee has received and recommended that
the herein described bids are the lowest responsible bids for the construction of the public works or
improvements described in the bid invitation, bid proposals and plans and specifications therein;
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. The numbered items in the following numbered bids for materials, equipment,
supplies, or services, shown in the "Bid Proposals" on file in the office of the City Purchasing Agent,
are hereby accepted and approved as being the lowest responsible bid for such items:
BID
NUMBER
3422
CONTRACTOR
Calvert Paving Corp.
AMOUNT
$98,000
SECTION 2. By the acceptance and approval of the above numbered items ofthe submitted
bids, the City accepts the offer of the persons submitting the bids for such items and agrees to
purchase the materials, equipment, supplies or services in accordance with the terms, specifications,
standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and
related documents.
SECTION 3. Should the City and persons submitting approved and accepted items and of
the submitted bids wish to enter into a formal written agreement as a result of the acceptance,
approval, and awarding of the bids, the City Manager or his designated representative is hereby
authorized to execute the written contract; provided that the written contract is in accordance with
the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid
Proposal and related documents herein approved and accepted.
SECTION 4. By the acceptance and approval of the above numbered items ofthe submitted
bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in
accordance with the approved bids or pursuant to a written contract made pursuant thereto as
authorized herein.
SECTION 5. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the 3A<{? day of r (}A ~ ~-,2006.
;:~ ~JL.-
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
BY:
3-0RD-Bid 3422
"
CONTRACT AGREEMENT
STATE OF TEXAS
S COUNTY OF DENTON S
THIS AGREEMENT, made and entered into this 3rd day of January A.D., 2006, by and
between Citv of Denton of the County of Denton and State of Texas, acting through
Howard Martin thereunto duly authorized so to do,
hereinafter termed "OWNER," and
Calvert Paving Corporation
PO Box 268
Denton. TX 76202-0268
of the City of Denton, County of Denton and State of
"CONTRACTOR. "
Texas
, hereinafter termed
WITNESSETH: That for and in consideration of the payments and agreements hereinafter
mentioned, to be made and performed by OWNER, and under the conditions expressed in the bonds
attached hereto, CONTRACTOR hereby agrees with OWNER to commence and complete
performance of the work specified below:
Bid 3422-Unicorn Lake Boulevard-Denton State School Brick Screening Wall Improvement Proiect
in the amount of $98.000 and all extra work in connection therewith, under the terms as stated in the
General Conditions of the agreement; and at his (or their) own proper cost and expense to furnish all
materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other
accessories and services necessary to complete the work specified above, in accordance with the
conditions and prices stated in the Proposal and the Performance and Payment Bonds, attached
hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions,
the Notice to Bidders (Advertisement for Bids), and Instructions to Bidders, as referenced herein
and on file in the office of the Purchasing Agent, and in accordance with the plans, which includes
all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof, and
the Specifications therefore, as prepared by:
Carter Burgess
all of which are referenced herein and made a part hereof and collectively evidence and constitute
the entire contract.
CA-l
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 ofthe Contract.
CA-2
IN WITNESS WHEREOF, the parties of these presents have executed this agreement in ~
year and day first above written. ~
ATTEST:
uJ
B
(SEAL)
ATTEST: da
c/pic'r/~ ~
a
Calvert Paving Corporation
CONTRACTOR
P.O. Box 268
Denton,TX 76202-0268
MAILING ADDRESS
940/891-3205
PHONE NUMBER
940/891-0744
FAX NUMBER
BY: ;::"9- ~
President TITLE
E.D. Calvert
PRINTED NAME
(SEAL)
CITY ATTORNEY
CA-3
Bond No: 564135P
PERFORMANCE BOND
STATE OF TEXAS 9
COUNTY OF DENTON 9
KNOW ALL MEN BY THESE PRESENTS: That Calvert Paving Corooration/
whose address is PO Box 268 Denton. TX 76202-0268 hereinafter called Principal, and
[Be]q:ers s..n:ety & lirl:mlity Cl::nlErri" / , a corporation organized and existing under the laws
of the State of Iowa -------------, and fully authorized to transact business in the State of
Texas, as Surety, are held and firmly bound unto the City of Denton, a municipal corporation
organized and existing under the laws of the Stjlle of Texas, hereinaft ailed Owner, in the penal
sum of Ninetv Eight Thousand and O/IOO..oOLLARS 98000 plus ten percent of the stated
penal sum as an additional sum of money representing additional court expenses, attorneys' fees,
and liquidated damages arising out of or connected with the below identified Contract, in lawful
money of the United States, to be paid in Denton County, Texas, for the payment of which sum well
and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors, and
assigns, jointly and severally, firmly by these presents. This Bond shall automatically be increased
by the amount of any Change Order or Supplemental Agreement, which increases the Contract
price, but in no event shall a Change Order or Supplemental Agreement, which reduces the Contract
price, decrease the penal sum of this Bond.
THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal
entered into a certain Contract, identified by Ordinance Number 2006- ,004 , with the City of
Denton, the Owner, dated the 3rd day of Januarv 3 A.D. 2006/, a copy of which is hereto
attached and made a part hereof, for Bid 3422-Unicorn Lake Blvd-Denton State School Brick
Screening Wall Improvement proiect./
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill all
of the undertakings, covenants, terms, conditions and agreements of said Contract in accordance
with the Plans, Specifications and Contract Documents during the original term thereof and any
extension thereof which may be granted by the Owner, with or without notice to the Surety, and
during the life of any guaranty or warranty required under this Contract, and shall also well and
truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any
and all duly authorized modifications of said Contract that may hereafter be made, notice of which
modifications to the Surety being hereby waived; and, if the Principal shall repair and/or replace all
defects due to faulty materials and workmanship that appear within a period of one (I) year from
the date of final completion and final acceptance of the Work by the Owner; and, if the Principal
shall fully indemnify and save harmless the Owner from all costs and damages which Owner may
suffer by reason of failure to so perform herein and shall fully reimburse and repay Owner all outlay
and expense which the Owner may incur in making good any default or deficiency, then this
obligation shall be void; otherwise, it shall remain in full force and effect.
PB - I
PROVIDED FURTHER, that if any legal action be filed upon this Bond, exclusive venue
shall lie in Denton County, State of Texas.
AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and
agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the
Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc., accompanying the
same, shall in anywise affect its obligation on this Bond, and it does hereby waive notice of any
such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to
be performed thereunder, or to the Plans, Specifications, Drawings, etc.
This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government
Code, as amended, and any other applicable statutes of the State of Texas.
The undersigned and designated agent is hereby designated by the Surety herein as the
Resident Agent in Denton County to whom any requisite notices may be delivered and on whom
service of process may be had in matters arising out of such suretyship, as provided by Article 7.19-
1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas.
IN WITNESS WHEREOF, this instrument is executed in 4 c9l'ies, each one of which shall
be deemed an original, this the 12th day of January , 2006 V .
ATTEST:
PRlNClP AL
BY i).o,rA-a,JJ
SECRET Y
Calvert Paving Corporation
/
V
BY: ,/1-(7 ~
PRESIDENT, E.D. Calvert
ATTEST:
SURETY
BY:9Jd2/uO I). (lC7k.Z.,
Developers
Ccrnpany
BY:
A.~ /c5/YU ;,'.,.
ATTORNEY-IN-FACT, :Dori E.- ~'c,j:::::]_ 'i
- ,,' "-
The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service'afthe
process is:
NAME: Don E. Smith - Smith Construction Bonding
STREET ADDRESS: 3116 Kellway Dr. - ste. 110 - Carrollton, TX 75006
(NOTE: Date ofPerfonnance Bond must be date of Contract. If Resident Agent is not a corporation, give a
person's name.)
PB - 2
1;~
Bond No: 564135P
PAYMENT BOND
STATE OF TEXAS S
COUNTY OF DENTON S
KNOW ALL MEN BY THESE PRESENTS: That Calvert Paving Corporation/
, whose address is PO Box 268 ~6n. TX 76202-0268, hereinafter called Principal, and
r:e..el.q:Ers ~ & lhEmity Cl:Jq:any . a corporation organized and existing under the laws of
the State of Iowa ----------- , and fully authorized to transact business in the State of Texas, as
Surety, are held and firmly bound unto the City of Denton, a municipal corporation organized and
existing under the laws of the State of Texas, hereinafter called Owner, and unto all persons, firms,
and corporations who may furnish materials for, or perform labor upon, the building or
improvements hereinaf}Yr referred to, in the penal sum of Ninetv Eight Thousand and 0/100V'
DOLLARS ($98,000Ym lawful money of the United States, to be paid in Denton, County, Texas,
for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs,
executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.
This Bond shall automatically be increased by the amount of any Change Order or Supplemental
Agreement which increases the Contract price, but in no event shall a Change Order or
Supplemental Agreement which reduces the Contract price decrease the penal sum of this Bond.
THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal
entered into a certain Contract, identified by Ordinance Number 2006-004, with the City of Denton,
the Owner, dated the ~ day of January A.D. 2006'(i' copy of which is hereto attached and made
a part hereof, for Bid)l422- Unicorn Lake Blvd-Denton State School Brick Screening Wall
lmprovement ProjectV'
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties and
make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying
labor and/or material in the prosecution of the Work provided for in said Contract and any and all
duly authorized modifications of said Contract that may hereafter be made, notice of which
modifications to the Surety being hereby expressly waived, then this obligation shall be void;
otherwise it shall remain in full force and effect.
PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive venue shall
lie in Denton County, Texas.
AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and
agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the
Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc., accompanying the
same, shall in anywise affect its obligation on this Bond, and it does hereby waive notice of any
such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to
be performed thereunder, or to the Plans, Specifications, Drawings, etc.
PB -3
This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government
Code, as amended, and any other applicable statutes of the State of Texas.
The undersigned and designated agent is hereby designated by the Surety herein as the
Resident Agent in Denton County to whom any requisite notices may be delivered and on whom
service of process may be had in matters arising out of such surety, as provided by Article 7.19-1 of
the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas.
IN WITNESS WHEREOF, this instrument is executed in 4 cq;ies, each one of which shall
be deemed an original, this the 12th day of January ,2006 ~ - c-
BY: {/IMY~~~AJ~
SECRETARY
PRlNCIP AL
Calvert Paving Corporation /
v
ATTEST:
" "'~
BY: C '.9, ~
PRESIDENT, E.D. Calvert
ATTEST:
SURETY
Developers
ity Company
BY: 9tt2"?1hQ j/ (l('/}U
BY:
. '
ATTORNEY-lN-FACT" Doil J'<, Smithi'
-;,. ,."-
I,
The Resident Agent of the Surety in Denton County, Texas for delivery of notice and serVice of the
process IS:
NAME: Don E. Smith - Smith Construction Bonding
STREET ADDRESS: 3116 Kellway Dr. - Ste. 110 - Carrollton, TX 75006
(NOTE: Date of Payment Bond must be date of Contract. If Resident Agent is not a corporation,
give a person's name.)
PB-4
D~
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!lWill~!""2(r""'ICO
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DISCLOSURE RIDER
Terrorism Risk Insurance Act of 2002
The Terrorism Risk Insurance Act of 2002 created a three-year program
under which the Federal Government will share in the payment of covered losses
caused by certain events of international terrorism. The Act requires that we
notify you of certain components of the Act, and the effect, if any, the Act will
have on the premium charged for this bond.
Under this program, the Federal Government will cover 90% of the
amount of covered losses caused by certified acts of terrorism, as defined by the
Act. The coverage is available only when aggregate losses resulting from a
certified act of terrorism exceed $5,000,000.00. Insurance carriers must also meet
a variable deductible established by the Act. The Act also establishes a cap of
$1,000,000,000.00 for which the Federal Government or an insurer can be
responsible.
Participation in the program is mandatory for specified lines of property
and casualty insurance, including surety insurance. The Act does not, however,
create coverage in excess of the amount of the bond, nor does it provide coverage
for any losses that are otherwise excluded by the terms of the bond, or by
operation of law,
No additional premIUm has been charged for the terrorism coverage
required by the Act.
Deyelopers Surety and Indemnity Company
Indemnity Company of California
17780 FilCh
Iryine, ell. 926H
(9"9) 263 3300
w\yw.inscodico.com
IMPORTANT NOTICE
Tn obtain InfDrmation or ma.ke n compl1Jint:
You m::ry cDll tne S'J1'~t),,:s toll free telephone number
fl)r inform:ltiol1. liT to mske n corn,pla-int at:
1-800-~BHS46
You may als.o write tCl du; Surety at:
P.O. n<l:i lP725
lnine, CA '"623-9725
YO'I :mny t:ol\Hlct the TU1UJ Dliolputmcnt of
Insurance to obtain inforlJ'l.B.tioll on companies,
(:O'\"CI"llge, rlg:ht!i Dr complaints at:
1-8110-252-343~
You tnil)'Wf'ite the Tt:;xaN Department of It\lll1ranc-e E1t~
r.o. Bux 149104
Austin, TX 7B714-9104
Faxli 512-4~5-177i
PREMIUM OR CLAIM DISPUTES: Should )'011
h RV~ t\ diRpute c.uncu:nine. ).our 1)remillID or About a
claim JOu IIhOl1ld contact the Surety fIrst. If th~
dispute ill not resolved., YOD may contact the T~X;D8
Dc:pnrt.mcllt Qf lnsunn.<o.
ATTACll THIS NOTlCE TO YOUR POLICY:
Thif; notice 15 tor infor!I\fttion eml)' and dUI,:5 JlIll
become a part or cundltion of the ath\ched document.
A\'lS0 IMPORTANCE
Para obtcner inforIDacioh 0 pan SDrneter llnll queja:
Usted ptle:dc llllmar aJ nllmero de telefono ~r:]tis (Ie
patn illformatinn 0 paT'a s()mctel' un" Ql1e:Js. 'ill:
1-800.782-1546
Ustcd t2nbiel1 pllt'dE:' estriblr ~ Sun'!t)' ar:
P.O. Box 19725
In:ine, CA. 92623-9725
Pu,cdc: Cr;l-tn.l~llie:J.rlitl ;on c1 D.eptl.rtFlttlf'l1tn rtp Se.p;llfflll
de Texas para obtener information ::IC~rcD. de \:-(I1J'1,-
plul.ln!\, cobertnrns~ denchQs (I quejas a1;
1-8(j(\.252.3439
puede escribtr 01 Departmr:uto de Seguro!! de Texas
P.O, Roy 1491fl4
All,tin, TX 78~14-9104
Fn# 5U.47S-1771
DlSPUTAS SOBRE PRJ.MAS 0 RECL.AMOS:
Si tiene una dbput{\ eon.ccrniente a 5~1 pTimn (] ... lU'l
re-clnm{l, d.ebE c(llnnnicar5e con cl SllTtty ptirn.cro. :Si
no 5~ regnelve 13 disp~lts.J pUfde ~ntc)t't'e~ comunj.
cnrnc con el departamento (TDl).
UNA ESTEAVISO A SU POLIZA: l!:.t, .vi,o.' $oJo
l;Jill'i1 l),H)poldt() de infonunc:i<l"l'll J nu Sc corrvicrt.e en
pnrte Q condicion del documento ndjunto.
"7r-~
'~
i,- e:.CI.'ElICO
3,,~f.;:]"Y-;
Insco Insurance SeMces, Inc.
Underwriting Monogcr for:
Developers Swrety and InderTtnity Company. Indemnity Comp~ny of California
17760 Filch, Suits 200
Irvin~, CA O~B14'
1-800-782.1546
wVI'w.lnscoD\co,com
ID.1404 (TX) (41()])
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
PO BOX] 9725, IRVINE, CA 92613 (9-19) 263-3300
\\ww.ln.scoDicQ.com
KNOW ALL MEN BY THESE PRESENTS, that except as expressly limited. DEVELOPERS SURET'i' A~D lNDEMNITY COMPANY~ hereby make,
constitllte and appoint:
H*Don E. SmithH/,
as its true and lawful AttorncYls)-in-Fact to make. execute, deliver and acknowledge, for and 011 behalf of said corporation as surety, bonds. undertakings and
contracts of suretyship giving and granting limo said Attomcy(s)-in-Fact full power and authority to do and to perform eYe!)' act necessary, requisite or proper 10
be done in connection therewith as the corporation could do, but reserving to the corporation full power of substitution and revocatiOll. and all of the acts of said
Atlomey(s).in-Faet. pursuant to these presents. arc hereby ratified and cOl1fimlcd.
This Power of Attorney is grantcd and is signed by facsimile under and by authority or the following resolution adopted by the Board of Directors of DEVELOPERS
SURETY AND INDEMNITY COlvIPAN'{ effective as of November 1,2000:
RESOLVED. that the Chairnlan of the Board, the President and any Vice Presidcnt of the corporation be. and that each of them hereby is. authorized to
execute Powers of AtlOrney, qualifying the Attorney(s)-in-Fact named in the Powers ofAttomey to execute, all b~halfofthe corporation, bonds, undert.:lkings and
contracts of suretyship: and that the Secretary or any Assistant Secretary of the corporation be. and each of them hereby is. authorized to attest the execution of
any such Power of Attorney:
RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of AHomcy or to any certificate relating thereto by
facsimile. and any such Power of Attomey or certificate bearing such facsimile signatllfes shall be valid and binding upon the corporation when so affixed and in
the future with respect to any bond. undertaking or contract of suretyship to which it is attached.
TN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY has caused these presents to be signed by its rcspcctivc Executive Vice
President and attested by its Secretary this 1st day of February'. ':W05.
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"'<,,"-~ ...........~Oi..
l~......;~POR,,;>....~..;~\
f:./ c.. OCT. ~ \~~
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By:
David H. Rhodes, Executive Vice-President
B, AkA~
Walter A. Crowell. Secretary
STATE OF CALIFORNIA
)
)SS,
)
COUNTY OF ORANGE
On February 1. ':W05. before me. Nila G. Hiffmeyer. personally appeared David H. Rhodes and Walter A. Crowell, personally bJOwl1to me (or proved
to me on the basis of satisfactory evidence) to be the per.:;ons whose names are subscribed to the within instrument and acknowledged to me that they executed the
same in their authorized capacities, and that by their signatures 011 the instrument the entity upon behalf of which the persons acted, executed the instrument
WITNESS my hand and official seal
Signature
~~<~.
...... A....... _..
~ @ NITA G, HIFFMEYEA ~
t\l -. COMM. # 1543481 :E
~ NOTARY PUBUC CALIFORNIA ~
3: ., ORANGE COUNTY N
jl '. "'1ycomm.explresJan.1o,2oo91t
.~v~~~~..~~..~~~
CERTIFICATE
The undersigned. as ExeclIlive Vice. President. of DEVELOPERS SURET'{ AND Il'\DEMNITY COMPAN'{, docs hereby certify that thc foregoing
Power of Attomey remains in ful1 force and has not becn revoked, and furthcmlore, that the provisions of the resolLlliollZfthe pectin' Boards of DireclOrs of
said corporation set forth in the Power of Anome)', is in force as of tile date of this CeMificate.
This Certificate is e:\cclltcd in the City oflrvinc. Califomia. the 12th day of January . 2006 .'
~. .(
By ~_) Cl'-<--J/.. -;;( t
D<:lvid L. Kerrigan. Executiyc Vice.President
ID-J438 (oS!) (Rev.lI0S)
~~o~
IN'GP
CITY OF DENTON
INSURANCE REQUIREMENTS FOR CONTRACTORS
Bidder's attention is directed to the insurance requirements below. It is highly recommended that
bidders confer with their respective insurance carriers or brokers to determine in advance of Bid
submission the availability of insurance certificates and endorsements as prescribed and provided
herein. If an apparent low bidder fails to comply strictly with the insurance requirements, that
bidder may be disqualified from award of the contract. Upon bid award, all insurance
requirements shall become contractual obligations, which the successful bidder shall have a duty
to maintain throughout the course of this contract.
STANDARD PROVISIONS:
Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall
provide and maintain until the contracted work has been completed and accepted by the City of
Denton, Owner, the minimum insurance coverage as indicated hereinafter.
As soon as practicable after notification of bid award, Contractor shall file with the Purchasing
Department satisfactory certificates of insurance, containing the bid number and title of the project.
Contractor may, upon written request to the Purchasing Department, ask for clarification of any
insurance requirements at any time; however, Contractors are strongly advised to make such
requests prior to bid opening, since the insurance requirements may not be modified or waived after
bid opening unless a written exception has been submitted with the bid. Contractor shall not
commence any work or deliver any material until he or she receives notification that the contract
has been accepted, approved, and signed by the City of Denton.
All insurance policies proposed or obtained in satisfaction of these requirements shall comply with
the following general specifications, and shall be maintained in compliance with these general
specifications throughout the duration of the Contract, or longer, if so noted:
. Each policy shall be issued by a company authorized to do business in the State of
Texas with an A.M. Best Company rating of at least A.
. Any deductibles or self-insured retentions shall be declared in the bid proposal. If
requested by the City, the insurer shall reduce or eliminate such deductibles or
self-insured retentions with respect to the City, its officials, agents, employees and
volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and
related investigations, claim administration and defense expenses.
. Liability policies shall be endorsed to provide the following:
.. Name as additional insured the City of Denton, its Officials, Agents, Employees
and volunteers.
.. That such insurance is primary to any other insurance available to the additional
insured with respect to claims covered under the policy and that this insurance
applies separately to each insured against whom claim is made or suit is brought.
The inclusion of more than one insured shall not operate to increase the insurer's
limit of liability.
. All policies shall be endorsed to read:
"SAID POLICY SHALL NOT BE CANCELLED, NONRENEWED OR
MATERIALLY CHANGE WITHOUT 30 DAYS ADVANCED WRITTEN NOTICE
BEING GIVEN TO THE OWNER (CITY) EXCEPT WHEN THE POLICY IS
BEING CANCELLED FOR NONPAYMENT OF PREMIUM IN WHICH CASE 10
DAYS ADVANCE WRITTEN NOTICE IS REQUIRED".
. Should any of the required insurance be provided under a claims-made form, Contractor
shall maintain such coverage continuously throughout the term of this contract and,
without lapse, for a period of three years beyond the contract expiration, such that
occurrences arising during the contract term which give rise to claims made after
expiration ofthe contract shall be covered.
. Should any of the required insurance be provided under a form of coverage that
includes a general annual aggregate limit providing for claims investigation or legal
defense costs to be included in the general annual aggregate limit, the Contractor shall
either double the occurrence limits or obtain Owners and Contractors Protective
Liability Insurance.
. Should any required insurance lapse during the contract term, requests for payments
originating after such lapse shall not be processed until the City receives satisfactory
evidence of reinstated coverage as required by this contract, effective as of the lapse
date. If insurance is not reinstated, City may, at its sole option, terminate this
agreement effective on the date of the lapse.
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS:
All insurance policies proposed or obtained in satisfaction of this Contract shall additionally
comply with the following marked specifications, and shall be maintained in compliance with these
additional specifications throughout the duration of the Contract, or longer, if so noted:
[X] A. General Liability Insurance:
General Liability insurance with combined single limits of not less than $ 500,000 shall
be provided and maintained by the Contractor. The policy shall be written on an
occurrence basis either in a single policy or in a combination of underlying and
umbrella or excess policies.
If the Commercial General Liability form (ISO Form CG 0001 current edition) is used:
. Coverage A shall include premises, operations, products, and completed
operations, independent contractors, contractual liability covering this contract
and broad form property damage coverage.
. Coverage B shall include personal injury.
. Coverage C, medical payments, is not required.
If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and
ISO Form GL 0404) is used, it shall include at least:
. Bodily injury and Property Damage Liability for premises, operations,
products and completed operations, independent contractors and property
damage resulting from explosion, collapse or underground (XCU) exposures.
. Broad form contractual liability (preferably by endorsement) covering this
contract, personal injury liability and broad form property damage liability.
[X] Automobile Liability Insurance:
Contractor shall provide Commercial Automobile Liability insurance with Combined Single
Limits (CSL) of not less than $300,000 either in a single policy or in a combination of
basic and umbrella or excess policies. The policy will include bodily injury and property
damage liability arising out of the operation, maintenance and use of all automobiles and
mobile equipment used in conjunction with this contract.
Satisfaction of the above requirement shall be in the form of a policy endorsement for:
.
any auto, or
.
all owned, hired and non-owned autos.
[X] Workers Compensation Insurance
Contractor shall purchase and maintain Worker's Compensation insurance which, in addition
to meeting the minimum statutory requirements for issuance of such insurance, has
Employer's Liability limits of at least $100,000 for each accident, $100,000 per each
employee, and a $500,000 policy limit for occupational disease. The City need not be
named as an "Additional Insured" but the insurer shall agree to waive all rights of
subrogation against the City, its officials, agents, employees and volunteers for any work
performed for the City by the Named Insured. For building or construction projects, the
Contractor shall comply with the provisions of Attachment 1 in accordance with 9406.096
of the Texas Labor Code and rule 28TAC 110.110 of the Texas Worker's Compensation
Commission (TWCC).
[ ] Owner's and Contractor's Protective Liability Insurance
The Contractor shall obtain, pay for and maintain at all times during the prosecution of the
work under this contract, an Owner's and Contractor's Protective Liability insurance policy
naming the City as insured for property damage and bodily injury which may arise in the
prosecution of the work or Contractor's operations under this contract. Coverage shall be on
an"occurrence" basis, and the policy shall be issued by the same insurance company that
carries the Contractor's liability insurance. Policy limits will be at least
combined bodily injury and property damage per occurrence with a aggregate.
[ ] Fire Damage Legal Liability Insurance
Coverage is required if Broad form General Liability is not provided or is unavailable to the
contractor or if a contractor leases or rents a portion of a City building. Limits of not less
than each occurrence are required.
[ ] Professional Liability Insurance
Professional liability insurance with limits not less than per claim with respect to
negligent acts, errors or omissions in connection with professional services is required under
this Agreement.
[ ] Builders' Risk Insurance
Builders' Risk Insurance, on an All-Risk form for 100% of the completed value shall be
provided. Such policy shall include as "Named Insured" the City of Denton and all
subcontractors as their interests may appear.
[ ] Commercial Crime
Provides coverage for the theft or disappearance of cash or checks, robbery inside/outside
the premises, burglary of the premises, and employee fidelity. The employee fidelity
portion of this coverage should be written on a "blanket" basis to cover all employees,
including new hires. This type insurance should be required if the contractor has access to
City funds. Limits of not less than each occurrence are required.
[ ] Additional Insurance
Other insurance may be required on an individual basis for extra hazardous contracts and
specific service agreements. If such additional insurance is required for a specific contract,
that requirement will be described in the "Specific Conditions" of the contract specifications.
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 9406.096) - includes all
persons or entities performing all or part of the services the contractor has undertaken to
perform on the project, regardless of whether that person contracted directly with the
contractor and regardless of whether that person has employees. This includes, without
limitation, independent contractors, subcontractors, leasing companies, motor carriers,
owner-operators, employees of any such entity, or employees of any entity which
furnishes persons to provide services on the project. "Services" include, without
limitation, providing, hauling, or delivering equipment or materials, or providing labor,
transportation, or other service related to a project. "Services" does not include
activities unrelated to the project, such as food/beverage vendors, office supply
deliveries, and delivery of portable toilets.
B. The contractor shall provide coverage, based on proper reporting of classification codes
and payroll amounts and filing of any overage agreements, which meets the statutory
requirements of Texas Labor Code, Section 401.011(44) for all employees of the
Contractor providing services on the project, for the duration ofthe project.
C. The Contractor must provide a certificate of coverage to the governmental entity prior
to being awarded the contract.
D. If the coverage period shown on the contractor's current certificate of coverage ends
during the duration of the project, the contractor must, prior to the end of the coverage
period, file a new certificate of coverage with the governmental entity showing that
coverage has been extended.
E. The contractor shall obtain from each person providing services on a project, and
provide to the governmental entity:
(1) a certificate of coverage, prior to that person beginning work on the project, so the
governmental entity will have on file certificates of coverage showing coverage
for all persons providing services on the project; and
(2) no later than seven days after receipt by the contractor, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration ofthe 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:
(I) provide coverage, based on proper reporting of classification codes and payroll
amounts and filing of any coverage agreements, which meets the statutory
requirements of Texas Labor Code, Section 401.011(44) for all of its employees
providing services on the project, for the duration Df the project;
(2) provide to the contractor, prior to that person beginning work on the project, a
certificate of coverage showing that coverage is being provided for all employees
of the person providing services on the project, for the duration of the project;
(3) provide the contractor, prior to the end of the coverage period, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of the project;
(4) obtain from each other person with whom it contracts, and provide to the
contractor:
(a) a certificate of coverage, prior to the other person beginning work on the
project; and
(b) a new certificate of coverage showing extension of coverage, prior to the
end of the coverage period, if the coverage period shown on the current
certificate of coverage ends during the duration of the project;
(5) retain all required certificates of coverage on file for the duration of the project
and for one year thereafter;
(6) notify the governmental entity in writing by certified mail or personal delivery,
within 10 days after the person knew or should have known, of any change that
materially affects the provision of coverage of any person providing services on
the project; and
(7) contractually require each person with whom it contracts, to perform as required
by paragraphs (1) - (7), with the certificates of coverage to be provided to the
person for whom they are providing services.
J. By signing this contract or providing or causing to be provided a certificate of coverage,
the contractor is representing to the governmental entity that all employees of the
contractor who will provide services on the project will be covered by workers'
compensation coverage for the duration of the project, that the coverage will be based
on proper reporting of classification codes and payroll amounts, and that all coverage
agreements will be filed with the appropriate insurance carrier or, in the case of a self-
insured, with the commission's Division of Self-Insurance Regulation. Providing false
or misleading information may subject the contractor to administrative penalties,
criminal penalties, civil penalties, or other civil actions.
K. The contractor's failure to comply with any of these provisions is a breach of contract
by the contractor which entitles the governmental entity to declare the contract void if
the contractor does not remedy the breach within ten days after receipt of notice of
breach from the governmental entity.
f,
11
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J
SECTION C
PROPOSAL (BID) FORM
Time:
2:00 p.m.
Date:
December 13, 2005
To:
Purchasing Agent
City of Denton, Texas . .
901-B Texas Street
Denton, Texas 76201 .
Gentlemen:
The undersigned having examined the Contract Documents entitled:
. Unicorn Lake .BJvd-Denton State School Brick Screening Wall ImprovernentProject Bid ..
#3422 .
And having visited the site of the proposed construction, and having familiarized himself wit)I
the local conditions affecting the cost of the work, and with all addenda to the said documents,
hereby proposed to furnish all supervision, labor, materials, equipment, tools, and accessories ..
and to do all work in accordance with said documents and addenda thereto for the stipulated sum
ot .
Ninety Eight ThoUSand
Total Base Bid
Dollars ($ 98,000.00
)
Total Materials Incoroorated into the Proiect
$ 58,800.00
Total Labor. Suoervision and Materials Not Incoroorated into the Proiect $ 39,200.00
Alternates
Alternate # I
,
Total Base Bid
Dollars($
)
Total Materials Incoroorated into the Proiect
$
ADDENDA:
Acknowledge receipt of the following addenda which are part of the Bidding Documents by
placing Addendum #, Date issued and initialing:
Addendum: No.
None
Addendum No.
I
,
I!
021985010
C-l
Addendum No.
Addendum No.
I
.1
I
The undersigned bidder hereby declares that he has visited the site of the work and has carefully
eJUimined the Contract Documents pertaining to the work covered by the above bid, and he .
. further agrees to commence work within ten (IO) days after date of written notice to proceed and
to substantiaIIycomplete the work on which he has bid within ~ 75 -t'0C-/
Consecutive calendar days subject to such extensions of time allowed by specifications.
,.
:;
i
,
.,
1
. The undersigned bidder agrees that his bid shall be good and may not be withdrawn for a period
of 60 calendar days after the scheduled closing time for receiving bids.
. .
I
i
The undersigned bidder understands that the Owner reserves the right to reject any or all bids and
to waive any informalities in the bidding.
;i
!
BID GUARANTY:
I,
I'
I
q......&n!:losed willi.tlti.s Bid is a Certified Check for:
........... .
........................................
......................._..h..........
. Dollars ($
)
. or a Bid Bond in the sum of
5% G.A..B.
Dollars ($
5% G.A.B.
)
which it is agreed shal.~ be collected. and retained by the Owner as liquidated damages in the
event this Bid is ar:.:epted by the Owner within 60 days after the bids are received and the
undersigned fails to executed the Contract and the required Bonds with the said Owner within
ten (10) days after the date said Bid is accepted: otherwise said check or bond shall be returned
to the undersigned upon demand.
Calvert Paving Corporation
Contractor (firm name)
C'-J7- ~
. Authorized Signature
President
(If corporation, attest and affix
a Corporate Seal)
,
Title
Address
p.o. Box 268
, .
i
City, State, Zip Code Denton,TX 76202-0268
940/891-3205
Telephone
.
I
I
I
I
Bid Documents for
Unicorn Lake Boulevard
Denton State School
f .
PROPOSAL
FOR
UNICORN LAKE BOULEVARD - DENTON STATE SCHOOL
Item Quantity Unit
Description
,
.' -~.- ~_'C'_'''__",
Unit Price
Total
HARDSCAPEIMPROVEMENTS
1.
1,100
LF. 6'-0. hI. Masonry thinwalVscreenwall
materials, concrete, pilasters, footings,
piers, mortar, ornamentation, mow
strips, reinforcement, subgrades, etc.,
Complete and in place for. .
Seventy Seven Dollars and
Zero
Cents Per LF $ 77.00
2.
EA 7'-0. ht. Storie monument columns.
Structural engineering plans complete
and submitted to City of Denton,
materials, concrete, footings, piers,
mortar, cast stone caps, ornamentation, .
reinforcement, subgrades, etc.,
Complete and in place for
Five Hundred
23
Dollars and
Zero
Cents Per EA$500. 00
3.
LF 50. V-Mesh wire weave fence,
materials footings, posts, fence,
fasteners, sU~rades, etc., Complete
and in place fOr ..
..300
Six
Dollars and
Zero
Cents Per LF $
6.00
SUB-TOTAL
/'.17. ~
Signature of Bidder
021985.010
C-3
/
$ 84,700.00
$ .11,500.00
$ 1,800.00
$ 98,000.00
AmRA CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIODNYVY)
01/11/2006
PROOUCER (940)382-9691 FAX (940)243-1050 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Ramey & King Insurance ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
510 North 1-35 E ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Denton, TX 76205 /
Nicole Green 1/ INSURERS AFFORDING COVERAGE NAIC#
INSURED Calvert Pavi ng CorporatlonV ~dI INSURER A: EMC Underwriters 0021
PO Box 268 INSURER B: Texas Mutual Ins. Co. TXMUT
Denton, TX 76202 ,,~ ~p INSURER c:
INSURER D:
INSURERE:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR DO' TYPE OF INSUIUNt1F POLICY NUMBER PO EFFECTIVE POLICY eXPIRATION ~ LIMITS
~NERAL LIABILITY\./' V 205647205 03/07/2005 03/07/20061 EACH OCCURRENCE $ 1,000,000
X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ 300,000
~ ~ CLAIMS MADE [!] OCCLM MED EX? (Any oml person) $ 5 000
A PERSONAL & AnV INJURY , 1,000,000
GENERAL AGGREGATE $ 2,000,000
~.~ AG~nE ~~~ APnS PER: PRODUCTS. COMP/OP AGG $ 2,000,000
POLICY JECT LOC / ~
~TOMOBILE L7--:V 2ES6472-0S '-03/07/2005 03/07/2006 COMBINED SINGLE LIMIT
(Eaaccidenl) ,
~ ANY AUTO 1,000,000
- ALL OWNED AUTOS BODILY INJURY
$
SCHEDULED AUTOS (Perpel'llon)
A -
- HIRED AUTOS BODILY INJURY
$
NON.QWNED AUTOS (Peracddent)
~
- PROPERTY DAMAGE $
(Perllcdd6f1t)
==rGE LIABILITY AUTO ONLY - EA ACCIDENT $
ANY AUTO OTHER THAN EA ACC ,
AUTO ONLY: AGG ,
=:rSSlUMBRELLA LIABILITY EACH OCCURRENCE $
OCCUR D CLAIMS MADE AGGREGATE $
$
=l DEOUCTiBLE /' /' ,
RETENTION , - $
WORKERS COMPENSATION AN~ TSFOOOll10634 -11/07/2005 11/07/200&, I .we STATU.... I IOJ~-
EMPLOYERS' LIABILITY 1,000,000
B ANY PROPRIETOR/PARTNER/EXECUTlVE E.L. EACH ACCIDENT $
OFFICER/MEMBER EXCLUDED? E.L. DISEASE. EA EMPLOYE , 1,000,000
If yes, describe under 1 000.000
SPECIAL PROVISIONS below E.L. DISEASE. POLICY LIMIT $
OT~ER .. .. 2CS64720S 03/07/2005 03/07/2006 Rented/Leased Equipment up to
In and' ~'arine
A $250K/item not more than $SOOK
per occurrence
DESCRIPr'ON OF OiERATIONS I LOCATlpNS I VEHICL~ { EXCtUSIONS ADDED BY ENDORSEMENT I SPECI~PROVISIPN~ Screening Wall
ocatlon: B dg 342Z-Unlcorn La e B vd. - Denton State Schoo i BrlC Impvt. Said Policy
hall not be cancelled, non renewed or materially changed without 30 days advanced written notice being
iven to the owner(city) except when policy is being cancelled for nonpymnt of premium in which case 10
ays written notice is required. Waiver of Sub is issued in favor of holder in regards to Workers Co~
he City of n~h~nn. It's Officials, Agents Employees & Volunteers are named as Additional In5ured.~
...............
.........---
......-
;-
r
-
CERTIFICATE HOLDER
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
V' EXPI~ATE THEREOF, THE ISSUING INSURER WILL ~16 MAIL
__~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT
Ci ty of Denton ~1(~IlaOOOOtXXlIiKXKlI_X~XX:
901 B Texas -JW/j~ XXXXXXXX:
Denton, TX 76201 AUTHORIZED REPR'sae'NTATIVE
James Kina
ACORD 25 (2001/08)
@ACORDCORPORATlON 1988