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HomeMy WebLinkAbout1998-277ORDINANCE NO4� AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF A PUBLIC WORKS CONTRACT FOR SOUTHEAST DENTON SIDEWALK IMPROVEMENTS, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE (BID # 2254 SOUTHEAST DENTON SIDEWALK IMPROVEMENTS AWARDED TO CALVERT PAVING IN THE AMOUNT OF $92,596 20) 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 That the following competitive bids for the construction of public works or improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids BID NUMBER CONTRACTOR AMOUNT 2254 CALVERT PAVING $ 92,596 20 SECTION II That the acceptance and approval of the above competitive bids shall not constitute a contract between the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, and insurance certificate after notification of the award of the bid SgCTION III That the City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein SECTION IV That upon acceptance and approval of the above competitive bids and the execution of contracts for the public works and improvements as authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto SECTION V That this ordinance shall become effective immediately upon its passage and approval //hh G—rC PASSED AND APPROVED this the 1 day of 998 JA ILLER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY 2254 SOUTHEAST DENTON SIDEWALK CONTRACT ORDINANCE ATTACHMENT # 1 TABULATION SHEET BID # BID NAME DATE 2254 SOUTHEAST DENTON SIDEWALK 20-Au •98 Calvert Paving A & J Industrial Coatings SOUTHEAST DENTON SIDEWALK $76,237 10 $109,699 06 1 2 ALTERNATE 1 BRADSHAW ST SIDEWALK $16,359 10 $28,714 00 TOTAL $76,237 10 $109,699 00 ALTERNATIVE TOTAL $92,596 20 $138,413 00 +-Vll- -ct-0-0 CONTRACT AGREEMENT STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT, made and entered into this 15 day of SEPTEMBER A.D., 1998, by and between CITY OF DENTON of the County of DENTON and State of Texas, acting through MICHAEL W. JEZ, City Manager, thereunto duly authorized so to do, hereinafter termed "OWNER," and CALVERT PAVING CORPORATION P.O. BOX DENTON, TX 76202 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 # 2254 — SOUTHEAST DENTON SIDEWALK IMPROVEMENTS in the amount of $92,596.20 and all extra work in connection therewith, under the terms as stated in the General Conditions of the agreement, and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the work specified above, in accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), Instructions to Bidders, and the Performance and Payment Bonds, all attached hereto, and in CA-1 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 ENGINEERING AND TRANSPORTATION all of which are made a part hereof and collectively evidence and constitute the entire contract Independent Status It is mutually understood and agreed by and between City and Contractor that Contractor is an independent contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas, for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, worker's compensation, or any other City employee benefit City shall not have supervision and control of Contractor or any employee of Contractor, and it is expressly understood that Contractor shall perform the services hereunder according to the attached specifications at the general direction of the City Manager of the City of Denton, Texas, or his designee under this agreement Indemnification Contractor shall and does hereby agree to indemnify and hold harmless the City of Denton from any and all damages, loss, or liability of any kind whatsoever, by reason of injury to property or third persons occasioned by any error, omission or negligent act of Contractor, its officers, agents, employees, invitees, and other persons for whom it is legally liable, with regard to the performance of this Agreement, and Contractor will, at its cost and expense, defend and protect the City of Denton against any and all such claims and demands Choice of Law and Venue This agreement shall be governed by the law of the State of Texas and venue for its construction and enforcement shall lie in the courts of Denton County, Texas The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in written notice to commence work and complete all work within the time stated in the Proposal, subject to such extensions of time as are provided by the General and Special Conditions The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the Contract CA-2 IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written AT ST (`TTY nF T1 moN OWNER (i BY a 01 (S EA Tj ATTEST, APPROVED AS TO FORM 9my , CITY ATTORNEY CA-3 CONTRACTOR Calvert Paving Corporation P 0 Box 268 Denton,TX 76202 MAILING ADDRESS 940/891-3205 PHONE NUMBER 940/891-0744 FAX NUMBER BY President TITLE E D Calvert PRINTED NAME (SEAL) Bond No 1366702 STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS That CALVERT PAVING, whose address is P.O. BOX 268, DENTON, TX 76W2, hereinafter called Principal, and Rmwest surety 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 penal sum of NINETY TWO THOUSAND FIVE HUNDRED NINETY SIX and 20/100 DOLLARS ($92,596.20) 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 98-277, with the City of Denton, the Owner, dated the 15 day of SEPTEMBER A.D. 1998, a copy of which is hereto attached and made a part hereof, for BID # 2254 — SOUTHEAST DENTON SIDEWALK IMPROVEMENTS. NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill all of the undertakings, covenants, terms, conditions and agreements of said Contract in accordance with the Plans, Specifications and Contract Documents during the original term thereof and any extension thereof which may be granted by the Owner, with or without notice to the Surety, and during the life of any guaranty or warranty required under this Contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby waived, and, if the Principal shall repair and/or replace all defects due to faulty materials and workmanship that appear within a period of one (1) year from the date of final completion and final acceptance of the Work by the Owner, and, if the Principal shall fully indemnify and save harmless the Owner from all costs and damages which Owner may suffer by reason of failure to so perform herem 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 PROVIDED FURTHER, that if any legal action be filed upon this Bond, exclusive venue shall he in Denton County, State of Texas AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc , accompanying the same, shall in anywise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, as amended, and any other applicable statutes of the State of Texas The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Denton County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Article 7 19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of which shall be deemed an original, this the 15 day of SEPTEMBER 1998. ATTEST BY SECRET4RY ATTEST PRINCIPAL Calvert Paving Corporation BY-�� PRESIDENT SURETY Amwest Surety Insurance Company BY BY ATTORNEY -IN -FACT Debbie Smith The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is NAME William D. Baldwin STREET ADDRESS 1201 Kas Drive, Suite B, Richardson, TX 75081 (NOTE Date of Performance Bond must be date of Contract If Resident Agent is not a corporation, give a person Is name ) Bond No. 1366702 PAYMENT BOND STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS That CALVERT PAVING, whose address is P.O. BOX 268 DENTON, TX, 76202, hereinafter called Principal, and Amuoef Cnwofy inA1lTAnf�A Cemnonv , a corporation organized and extstmg 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 NINETY TWO THOUSAND FIVE HUNDRED NINETY SIX 20/100 DOLLARS ($92,596.20) 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 98-277, with the City of Denton, the Owner, dated the 15 day of SEPTEMBER A.D. 1998, a copy of which is hereto attached and made a part hereof, for BID # 2254 — SOUTHEAST DENTON SIDEWALK IMPROVEMENTS. 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 tune, 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 nonce of any such change, extension of tune, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc Ulm This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, as amended, and any other applicable statutes of the State of Texas The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Denton County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Article 7 19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of which shall be deemed an original, this the 15 day of SEPTEMBER, 1998. ATTEST f a', ATTEST PRINCIPAL Calvert Paving Corporation BY P SIDENT SURETY Amwest Surety Insurance Company BY C - BY�Do�—/-Z`1� ATTORNEY -IN -FACT Debbie Smith The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is NAME William D. Baldwin STREET ADDRESS 1201 Kas Drive, Suite B, Richardson, TX 75081 (NOTE Date of Payment Bond must be date of Contract corporation, give a person's name ) 2254 CONTRACT & BONDS N a! If Resident Agent is not a LIMITED POWER OF ATTORNEY Amwest Surety Insurance Company Far West Insurance Company This document is printed on white paper containing the artificial watermarked logo ( A ) of Amwest Surety Insurance Company on the front and brown security paper on the back Only unaltered originals of the Limited Power of Attorney ("PDX') are valid This PDA may not be used in conjunction with any other PDA. No representations or warrannep regarding this POA may be made by any person This PDA is governed by the laws of the State of Nebraska and is only valid until the expiration date Amwest Surety Insurance Company and Far West Insurance Company (collectively the "Company ) shall not be liable on any limited PDA which is fraudulently produced forged or otherwise distributed without the parrassion of the Company Any party concerned about the validity of this PDA or an accompanying Company bond should call your local Amwest branch office at L 2) 503.6925 KNOW ALL BY THESE PRESENT, that Amwest Surety Insurance Company (collectively the "Company' ), do hereby make, constitute and appoint Suzanne C Baldwin William D Baldwin Cindy Fowler Debbie Smith Michael B HIII As Employees of BALDWIN INS AND BONDING AGENCY a Nebraska corporation and Far West Insurance Company a Nebraska corporation its true and lawful Attorney m-fact, with limited power and authority for and on behalf of the Company as surety to execute deliver and affix the seal of the company thereto if a seal is required on bonds, undertakings, recognizances reinsurance agreement for a Miller Act or other performance bond or other written obligations in the nature thereof as follows All Bonds up to $10,000,000 00 and W bind the company thereby This appointment is made under and by authority of the By Laws of the Company which are now in full force and effect I, the undersigned secretary Hof Amwest Surety Insurance Company, a Nebraska corporation and Far West Insurance Company, a Nebraska corporation, DO HEREBY CERTIFY that this Power of Attorney remains in fill force and effect and has not been revoked and furthermore that the resolutions of the Board of Directors of both Amwest Surety Insurance Company and Far West Insurance Company set forth on this Power of Attorney, and that the relevant provisions of the By Laws of each company, are now in full force and effect Bond No 1366702 Signed&sealedthis 15thdayof September 19_ 98 'Ag�/ � Karen G Cohen Secretary « « « « * * * * * * « * « * * * « RESOLUTIONS OF THE BOARD OF DIRECTORS * * * * * * * * « : « * * * • * * * * * « a * * * This PDA is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the Board of Directors of Amwest Surety Insurance Company at a meeting duly held on December 15,1975 and Far West Insurance Company at a meeting duly held on July 28, 1993 RESOLVED, that the President or any Vice President, in conjunction with the Secretary or any Assistant Secretary, may appoint attorneys in fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the Company, to execute and deliver and affix the seal of the Company to bonds, undertakings, recogntzances, and suretyship obligations of all kinds, and said officers may remove any such attorney in fact or agent and revoke any PDA previously granted to such person RESOLVED FURTHER, that any bond, undertaking, recognizance or suretyship obligation shall be valid and bmd upon the Company (1) when signed by the President a any Vice President and attested and sealed (if a seal be required) by any Secretary or Assistant Secretary, or (11) when signed by the President or any Vice President or Secretary or Assistant Secretary, and countersigned and sealed (if a seal be required) by a duly authorized attorney in -fact or agent or (ui) when duly executed and sealed (if a seal be required) by one or more attorneys in fact or agents pursuant to and within the limits of the authority evidenced by the power of attorney issued by the Company to such person or pennons RESOLVED FURTHER, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any PDA or certification thereof authorizing the execution and delivery of any bond undertaking, recognizance, or other suretyship obligations of the Company and such signature and seal when so used shall have the same force and effect as though manually affixed IN WITNESS WHEREOF, Amwest Surety Insurance Company and Far West Insurance Company have caused these present to be signed by its proper officers, and its corporate seals to be hereunto affixed this 12th dayDecember, 19 457 John E Savage, Presidefit Karen G Cohen, Secretary State of California County of Los Angeles On December 12, 1997 before me, Peggy B Lofton Notary Public, personally appeared John E Savage and Karen G Cohen personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me all that he/she/they executed the same in his/her/their authorized capacity(les), and that by his/her/their signatures) on the instrument the person(s) or the entity upon behalf of which the person(s) acted executed the instrument WITNESS my and official seal %Flomay& rj <y \NBUH 9URANaM .,LplCfb �• CJ� 4UMON ilCalblNo s 4" PPO 'P �� PO O Signature 9--E_�T (Seal) JQ =�o �a'a�ym vij j°�P p� o n ee wr 5r lOa Af10MM 1� Comm gtlpk.. ` W' DBC14 )bt 5230 Las Virgenes Road Calabasas, CA 91302 TEL 818 871-2000 IMPORTANT NOTICE TO OBTAIN INFORMATION OR TO MAKE A COMPLAINT You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at 1-800-252-3439 You may write the Texas Department of Insurance P.O Box 149104 Austin, Texas 78714-9104 FAX No (512) 475-1771 PREMIUM OR CLAIM DISPUTES Should you have a dispute concerning your premium or about a claim, you should contact the company first If the dispute is not resolved, you may contact the Texas Department of Insurance ATTACH THIS NOTICE TO YOUR POLICY This notice is for information only and does not become a part or condition of the attached document 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 shal comply with the following general specifications, and shall be maintained it 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 AM00350 REVISED 10/12/94 Cl - Insurance Requirements Page 2 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 provide thirty(30) days prior written notice of cancellation, non -renewal or reduction In coverage • 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 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. AAA00350 REVISED 10/12/94 Cl - 2 Insurance Requirements Page 3 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: NJ A. General Liability Insurance: General Liability insurance with combined single limits of not less than 1 _nnn.nnn 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. AW0360 REVISED 10/12/04 Cl - 3 Insurance Requirements Page 4 iA Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability Insurance with Combined Single Limits (CSL) of not less than 1.000.000 either in a single policy or Ina 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. Ixi 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). I I 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 AAA00350 REVISM 10/12/94 Cl - 4 Insurance Requirements Page 5 "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 [ l 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 [ l 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 [ I 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 [ I 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. AAA00350 REVISED 10/12/94 CI - 5 Insurance Requirements Page 6 ATTACHMENT 1 [x) Worker's Compensation Coverage for Building or Construction Projects for Governmental Entitles A. Definitions: Certificate of coverage ("certificate") -A copy of a certificate of insurance, a certificate of authority to self -insure Issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation Insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - Includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in §406.096) - Includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, Independent contractors, subcontractors, leasing companies, motor carriers, owner -operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any overage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. AAAM350 REVISED 10/12/84 Cl - 6 Insurance Requirements Page 7 C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended E The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project, and (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, Informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage AAA00350 REVISED 10112194 Cl - 7 Insurance Requirements Page 8 I. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project, (3) provide the contractor, prior to the end of the coverage period, anew 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 and 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 AAA00350 REVISED 10/12/94 Cl - a Insurance Requirements Page 9 (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. AAA00390 REVISED 10/12/94 Cl - 9 SOUTHEAST DENTON SIDEWALKS BID TABULATION SHEET Work Days__AQ_ Bid No PO No Item I Description I Quantity I Unit I Unit Price I Total 121 Contractors Wan -antics and Understandings LS IS 3496 55 /I $ 1 $ 3496 55 Unit Price In Words Three Thousand Four Hundred Ninety Six and Fifty Five Cents* 3-A Remove Concrete Curb & Gutter 192 LF $ 5 00 /LF IS 960 00 Unit Price In Words Five and no cents* 3-B Remove Concrete Drives 4 1 SY $ 50 00 /Sy $ 200 00 Unit Price In Words Fif ty and no cents* 3 1 Preparation ofRight of Wa LS I $ 3496 55 /LS $ 3496 55 Unit Price In Words Three Thousand Four Hundred Ninety Six and Fifty Five Cents* 39 Sod 1 10 LF $ 5.00 /LF $ 50 00 Umt Pnce In Words Five and no cents* 3 107 H dromulch 1 1824 1 SY $ 1.00 /Sl, $ 1824 00 Unit Price In Words One and no cents* 3 12 ITemporary Erosion Control I LF $ /LF 1 $ Unit Price In Words 5 7-C 2" Asphalt Pavement (Type D, Patch Mad 6 1 TON $ loo . oo trod $ 600 00 Unit Price In Words One Hundred and no cents* 8 1 Bamcades, Warning Signs and Detours LS $ 1000 00 /LS 1 $ 1000 00 Umt Pnce In Words One Thousand and no cents* 83 6" Concrete Sidewalk 1 30 1 SY $ 40 00 /SY $ 1200 00 Umt Pnce In Words Forty and no cents* 8 3A 4" Concrete Sidewalk with Fiberrnes77 1824 1 SY $ 31 50 /Sy $57456 00 Umt Pnce In Words Thirty One and Fifty Cents* 8 7-A lRetammg Wall 1 201 1 LF $ 10 00 /LF $ 2010 00 Umt Pnce In WordS Ten and no cents* 8 7-B Toe Wall 1 150 1 LF $ io oo /LF $ 15oo oo Umt Pnce In Words Ten and no cents* EFFECTIVE 6/8/98 P 3 SOUTHEAST DENTON SIDEWALKS BID TABULATION SHEET Work Days SQ Bid No PO No Item IDescription I Quantity I Unit I Unit Price Total 812 Handrail 1 18 1 LF $ 30 00 /LF $ 540 00 Umt Price In Words ThirtZ and no cents* 8 14 Miscellaneous Fence I - I LS IS 500 00 /LS $ soo 00 Unit Price In Words Five Hundred and no cents* SP-2 Concrete Saw Cut 1 72 LF $ 2.00 /LF $ 144 00 Umt Price In Words Two and no cents* SP-27-A Adjust Water Service and Meter Box I 1 I EA $ 100.nn/EA $ Unit Price In Words One Hundred and no cents* SP-27-B Ad ust Sewer Service and S S Cleanout 1 2 1 EA $ 300 00 /BA $ 600 00 Unit Price In Words Three Hundred and no cents* SP-39 Pro ect Signs 1 2 1 EA $ /EA $ Ann nn Unit Pnce In Words Two Hundred and no cents* SP-43 As halt Saw Cut 1 30 1 LF $ 2,00 /LFIS 60 00 Unit Pnce In Words Two and no cents* SP-45 MiscellaneousS nnklerSystem Adjustment LS $ loo.00 /LS 1 $ loO 00 Unit Pnce In Words One Hundred and no cents* Is Is Is $ TOTAL $ 76 , 237 10* EFFECTIVE 6/8/98 P 4 ALTERNATE # t BID TABULATION SHEET Work Days___:__ BRADSHAW ST Bid No PO No Item Description Quantity I Unit I Unit Price Total 121 Contractors Warranties and Understandings LS $ 750.05 /LS $ 750 05 Unit Price In Words Seven Hundred Fifty and Five Cents* 3-A Remove Concrete Curb & Gutter 1 63 1 LF $ 5.00 /LF 1 $ 315 00 Unit Price In Words Five and no cents* 3-13 Remove Concrete Drives 1 21 1 SY $ 50 00 /Sy $ 1050 00 Unit Price In Words Fifty and no cents* 3 1 Pre aration of Right of Wa LS $ 750 05 /L$ $ 750 05 Unit Price In Words Seven Hundred Fifty and Five Cents* 39 Sod 10 1 LF $ 5.00 /LF $ 50 00 Unit Price In Words Five and no cents* 3 107 H dromulch 1 320 1 SY $ 1.00 /Sy $ 320 00 Unit Price In Words One and no cents* 3 12 lTemporary Erosion Control I LF $ Unit Price In Words 5 7-C 2" Asphalt Pavement a D, Patch Matl 1 TON $ 100.00 /pp $ 100 00 Unit Price In Words One Hundred and no cents* 81 Bamcades, Warning Signs and Detours I - I LS 1 $ 500 00 /LS 1 $ 500 00 Unit Price In Words Five Hundred and no cents* 8 3 Dnvewa 6" 21 SY Is 40 00 /Sy $ 840 00 Unit Price In Words Forty and no cents* 8 3A 4" Concrete Sidewalk with Fibermesh 1 320 1 SY $ 31 50 /SY $ 10080 00 Unit Price In Words ThirtZ One and Fifty Cents* 8 14 Miscellaneous Fence I - I LS $ 200 00 /LS $ 200 00 Unit Price In Words Two Hundred and no cents* EFFECTIVE 6/8/98 P 5 ALTERNATE # t BID TABULATION SHEET Work Days;_ BRADSHAW ST Bid No PO No Item Description I Quantity I Unit I Unit Price I Total SP-2 Concrete Saw Cut 1 71 1 LF $ 2 00 /LF Is 142 00 Unit Price In Words Two and no cents* SP-27-A Ad ust Water Service and Meter Box 1 2 1 EA $ 100 00 Z $ 200 00 Unit Price In Words One Hundred and no cents* SP-27-B lAdjust Sewer Service and S S Cleanout 2 1 EA $ 200.00 /EA $ 400 00 Unit Price In Words Two Hundred and no cents* SP-39 Pro ect Signs 1 2 EA $ 200 00 /EA $ 400 00 Unit Price In Words Two Hundred and no cents* SP-43 AB halt Saw Cut 31 1 LF $ 2 00 /LF $ 62 00 Unit Price In Words Two and no cents* SP-45 Miscellaneous Sp ruikler System Adjustment I LS $ 200 00 /LS $ 200 00 Unit Price In Words Two Hundred and no cents* Is $ TOTAL $16 , 35 9 10 * EFFECTIVE 6/8/98 P 6 TOTAL BID PRICE IN WORDS *Seventy Six Thousand Two Hundred Thirty Seven and Ten Cents* In the event of the award of a contract to the undersigned, the undersigned will furnish 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 guarantee the work until final completion and acceptance, and to guarantee payment for all lawful claims for labor performed and materials furnished 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 are submitted as correct and final. Unit and lump -sum prices as shown for each item listed in this proposal, shall control over extensions. Calvert Paving Corporation BY L- gt�7 G-�- E.D. Calvert P.O. Box 268 Street Address Denton,TX 76202 City and state Seal & Authorization 940/891-3205 (If a Corporation) Telephone B - 1 1 2 PROJECT Southeast Denton Sidewalk Alterate 1 • Bradshaw Street Sidewalk TOTAL ALTERNATIVE TOTAL WORKDAYS BID 3_ $ 76,237 10 $ 16,359 10 3_ $ 76,237 10 35 $ 92,596.20 Award of the contract may be based on either the base bid of Southeast Denton Sidewalk, or the combined bid of Southeast Denton Sidewalk and Bradshaw Street Sidewalk depending on available funding. All work will be awarded to one contractor Total work days for the project will be enforced Days will not be kept separately on each section of the project IM RAMEY ! XINQ INSURANCE BSO S. WE, Butte A Denton Tx 7620b7B28 NBUREO Calvert Paving CogWdlon P 0 Box 288 Denton Tx 76202 THIS IS TO CERTIFY THAT THE POU( INDICATED, NOTWITHSTANDING ANY CERTIFICATE MAY BE ISSUED OR MA EXCLUSIONS AND Ci*OITIONS OF 8 Type OF NSNIANOa TR A c GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY ¢ CLAMS MACE X OCCUR } OWMERM S CONRiACTOR'B PROT A AUIOMOSAB UMMJTY X ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS i HIRED AUTOS•, NON -OWNED A" GARAGE LIABILITY i LVIIES U ASAM UMBfEILA FORM „ OTHER THAN UMMERLA FORM WORKERS OOM H6ATIDN B AND RSMPLOYmir LM$AlrY OTHER A CONTRACTORS 80UIP POLICY NUMBER PACP7NISWgEN CAPSMICSS84 TSFOODIO69348 PACP748W084 HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD JEUDN CONTRACT TO WITH CT IB TO ALL THEPECT IIi: R6�6 BVNTHEPOLICIES DESCRIBED HEREIN SUBJET TERMS, IN MAY HAVE BEEN REDUCED BY PAID CLAIMS V POLICY EFFECTIVE POLICY EXPIRATION LIMITS DATE (MM,DWY) DATE (MWDDNY) 02/07M 03/07/8B OENEFIAL AGGREGATE $ 2000000 PRODUCTSCOMPIOP ADD 2000000 PERSONAL a AOV HAIRY ns i 1000000 EACH OCCURRENCE S 1000000 FIFE DAMAGE (MY " ee) S 500000 MED EXPEr1SE (My o POW) i a a SOBS 0=7/OB OW07/00 COMBINED aNOLE i 1000000 LIMIT GODLY HAIRY S (Per ps A ) GODLY HAIRY a i (Par AOOMM,e PROPERTY DAMAGE i ' EACH OCCURRENCE i „ AGGREGATE i STATUTORY LIMITS �i 1010SA77 10/08/1118EACH ACCIDENT E0M DISEASE POLICY LIMIT i 500000 DNEAIE EACH EMPLOYEE S SOOBBO 03/07/08 03/07M RENTED EQUIPMENT 2MM DESCRIPTION OF OPERATgNSLOCATXNIENEHgLESGNECLLL M MB CERTIFICATE HOLDER IS SHOWN AS ADDITIONAL INSURED CITY OF DENTON 9010 TEXAS ST DENTON SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCEL I BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 90 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY HIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES