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1998-276
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF A PUBLIC WORKS CONTRACT FOR CLEVELAND STREET 6"X8' TRENCHLESS SANITARY SEWER REHABILITATION, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTWE DATE (BID # 2253 CLEVELAND STREET 6" AND 8" SANITARY SEWER TRENCHLESS REHABILITATION AWARDED TO CALVERT PAVING IN THE AMOUNT OF $64,868 10) WHEREAS, the City has sohclted, received and tabulated competitive bids for the constmctmn ofpubhc works or improvements m accordance with the procedures of STATE law and City or&nantes, 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 deacnbed in the b~d invitation, bid proposals and plans and specifications thereto, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the following competitive bids for the construction ofpubhc works or improvements, as described in the "Bid Inwtatmns", "Bid Proposals" or plans and specifications on file in the Office &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 AMOUNT 2253 CALVERT PAVING $ 64,868 10 ~ That the acceptance and approval of the above competitive bids shall not constitute a contract between the City and the person submlttmg the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all reqmr~aents specified in the Notice to Bidders including the timely execution of a written contract and furmslung of performance and payment bonds, and insurance certificate after notification of the award of the bid ~ 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 Notme to B~dders and Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specfficatlons, standards, quantities and specified sums contmned therein SECTION IV That upon acceptance and approval of the above competitive b~ds and the execution of contracts for the pubhc works and improvements as authorized herein, the C~ty Council hereby anthonzes the expen&ture of funds ~n the manner and ~n the amount as specified ~n such approved b~ds and authorized contracts executed pursuant thereto SECTION V That tbas ordinance shall become effectwe ~mmedmtely upon ~ts passage and approval PASSED AND APPROVED th~s the /5;~day of~998 JACK~LLE-R,- MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY 2253 CLEVELAND ST 6" & 8" SANITARY SEWER TRENCHLESS REH CONTRACT ORDINANCE ATTACHMENT # 1 TABULATION SHEET BID# 2253 BID NAME CLEVELAND STREET Calvert Paving DATE TOTAL BID PRICE $64,868 10 CONTRACT AGREEMENT STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT, made and entered ~nto th~s 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, C~ty Manager, thereunto duly authorized so to do, heremafter termed "OWNER," and CALVERT PAVING CORPORATION P.O. BOX 268 DENTON~ TX 76202 of the CIVj of DENTON County of DENTON and State of TEXAS, hereinafter termed "CONTRACTOR" WITNESSETH That for and m consideration of the payments and agreements hereinafter menttoned, to be made and performed by OWNER, and under the conditions expressed m the bonds attached hereto, CONTRACTOR hereby agrees w~th OWNER to commence and complete performance of the work specified below BID # 2253 - CLEVELAND STREET 6" AND 8" SANITARY SEWER TRENCHLESS REHABILITATION m the amount of $64,868.10 and all extra work m connection therewith, under the terms as stated m the General Condmons of the agreement, and at his (or their) own proper cost and expense to furmsh all matermls, supphes, machinery, eqmpment, tools, supenntendence, labor, insurance, and other accessories and services necessary to complete the work specified above, m accordance w~th the conditions and prices stated ~n the Proposal attached hereto, and m accordance w~th all the General Condmons of the Agreement, the Specml Conditions, the Not,ce to Bidders (Advertisement for B~ds), Instructmns to B~dders, and the Performance and Payment Bonds, all attached hereto, and m 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 ~s mutually understood and agreed by and between C~ty and Contractor that Contractor ~s an independent contractor and shall not be deemed to be or considered an employee of the C~ty of Denton, Texas, for the purposes of income tax, withholding, social securlty taxes, vacation or sick leave benefits, worker's compensation, or any other C~ty employee benefit City shall not have superv~smn and control of Contractor or any employee of Contractor, and it ~s expressly understood that Contractor shall perform the serwces hereunder according to the attached specifications at the general d~rect~on of the City Manager of the C~ty of Denton, Texas, or h~s designee under th~s agreemem Indemnification Contractor shall and does hereby agree to mdenmdy and hold harmless the C~ty of Denton from any and all damages, loss, or llabd~ty of any land whatsoever, by reason of injury to property or third persons occasioned by any error, omission or neghgent act of Contractor, ~ts officers, agents, employees, mwtees, and other persons for whom ~t ~s legally hable, with regard to the performance of thxs Agreement, and Contractor will, at ~ts cost and expense, defend and protect the C~ty of Denton against any and all such clauns and demands Choice of Law and Venue Th~s agreement shall be governed by the law of the State of Texas and venue for ~ts construction and enforcement shall l~e m the courts of Denton County, Texas The CONTRACTOR hereby agrees to commence work on or after the date estabhshed for the start of work as set forth ~n written not,ce to commence work and complete all work w~th~n the m~ne stated m the Proposal, subject to such extensions of tune as are prowded by the General and Special Condmons The OWNER agrees to pay the CONTRACTOR ~n current funds the price or prices shown m the Proposal, which forms a part of this contract, such payments to be subject to the General and Specml Condmons of the Contract CA - 2 IN WITNESS WHEREOF, the parttes of these presents have executed this agreemem in the year and day first above written ATTEST , ~ ¢' u ": ( ~' ~/ (SE^L) ATTEST CONTRACTOR Calvert Paving Corporation P 0 Box 268 Denton,TX 76202 MAILING ADDRESS 940/891-3205 PHONE NUMBER (40/891-0744 FAX NUMBER BY President TITLE E.D Calvert APPROVED AS TO FORM PRINTED NAME CITY ATTOL~E~~ CA - 3 Bond No. 1366701 PI~FORMANCF, BOND STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS That CALVERT PAVING, whose address ~s P.O. BOX 268, Di!2~ITON, TX 76202, hereinafter called Principal, and Am~es~ Surety Insurance Company , a corporaUon org,-,?.ed and existing under the laws of the State of TEXAS, and fully authorized to tr.n,act business m the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a mumc~pal corporatmn origin=ed and extstmg under the laws of the State of Texas, berem~fter called Owner, m the penal sum of SIXTY FOUR THOUSAND EIGHT HUNDRED SIXTY EIGHT and I0/100 DOLLARS ($64,868.10) plus ten percent of the stated penal stun as an addlUonal sum of money representing ad&tional court expenses, a~orneys' fees, and hqmdated damages ansmg out of or connected with the below ldenUfied Conuact, m lawful money of the Umted States, to be pe~d m Denton County, Texas, for the payment of which sum well and truly to be made, we hereby bmd ourselves, our heu's, executors, admm~s~raWrs, successors, and assl/lls, jointly and severally, fu-mly by these presents This Bond shall automatically be increased by the amount of any Chs-~e Order or Supplemental Agreement which increases the Contract price, but m no event shall a Change Order or Supplemental Agreement which reduces the Contract price decrease the penal s-m of this Bond THE OBLIGATION TO PAY SAME ~s condluoned as follows Whereas, the Pnnclpal entered into a certain Contract, identified by Ordinance N-tuber 98-276, with the City of Denton, the Owner, dated the 15 day of SF. PTEMBER A.D. 1998, a copy of which is hereto attached and made a pan hereof, for BID # 22~3 - CLEVELAND STREET 6' AND 8" SANITARY SEWER TRENCHLESS REHABILITATION. NOW, THEREFORE, if the Principal shall well, truly and faxthfully perform and fulfill all of the undertakings, covenants, terms, condmons and agreements of said Contract m accordance with the Plans, Speclficattons and Contract Documents during the original term thereof and any extension thereof which may be granted by the Owner, with or without noUce to the Surety, and durmg the life of any guaranty or warranty reqmred under thls 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 f'mal acceptance of the Work by the Owner, and, ~f the Principal shall fully ~ndemmfy and save harmless the Owner from all costs and damages which Owner may suffer by reason of failure to so perform hereto and shall fully reunburse and repay Owner all outlay and expense which thc Owner may recur m making good any default or deficiency, then this obligation shall be void, otherwise, ~t shall remain m full force and effect PB- 1 PROVIDED FURTHER, that tf any legal action be filed upon fins Bond, exclusive venue shall lie m Denton County, State of Texas AND PROVIDED FURTHER, that the smd Surety, for value received, hereby supulates Anti agrees that no change, extensmn of tune, alterauon or addluon to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specxficatmns, Drawings, etc, accompenymg the same, shall m anywise affect Its obhgeuon on thru Bond, and ~t does hereby wmve not~en of any such change, extension of tune, alteration or addition to the terms of the Con~act, or to the Work to be performed thereunder, or to the Plans, Spec~ficauons, Drawmgs, etc This Bond is g~ven pursuant to the provisions of Chapter 2253 of the Texas Government Code, as amended, and any other apphcable statutes of the State of Texas The undersigned and designated agent ~s hereby designated by the Surety herem as the Resident Agent m Denton County to whom any requm~te notices may be dehvered and on whom service of process may be had m matters arising out of such suretyslup, as prowded by Article 7 19-I of the Insurance Code, Vernon)s Annotated C~wl Statutes of the State of Texas IN WITNESS WHEREOF, fins instrument ~s executed m 4 copxes, each one of wtuch shall be deemed an orlgmal, fins the 15 day of SRFFEMBI~R 1998. ATTEST PRINCIPAL BY BY PRESIDENT ATTEST SURETY BY ATTORNEY-IN-FACT Debbte Smith The Resident Agent of thc Surety m Denton County, Texas for dehvery of noucc and service of the process is NAME William D. Baldwin STI)~EET ADDRESS 1201 Kas Drivet Suite Bt Rtchardson~ TX 75081 (NO2I~ Date of Performance Bond ragst be date of Contract ~f Res~clent Agent ~ not corporation, ggve a person ~$ ~ ) PB - 2 Bond So. '1366701 PAYMENT BOND STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS That CALVERT PAVING, whose address ]s P.O. BOX 268 DEINTON, TX, 76202. hereinafter called Pnnc~pal, and Amwest Surety Insurance Company , a corporation org~mv~d and ex]sun8 under the laws of the State of TEXAS, and fully anther]zed to transact bus]ness m the State of Texas, as Surety, arc held and firmly bound unto the City of Denton, a mumc~pal corporaUon orgamzed and ex]sUng under the laws of the State of Texas, hereinafter called Owner, and unto all persons, firm~, and corporauon~ who may furmsh mater]als for, or perform labor upon, the budding or ~mprovements hereinafter referred to, m thc penal sum of SIXTY FOUR TIiOUSAND EIGHT IiUN'DI~En SIXTY EIGHT 10/100 DOLLARS ($64,868.10) m lawful money of the Umted States, to be prod m Denton, County, Texas, for the payment of winch sum well and truly to be made, we bereby brad ourselves, our be]rs, executors, admm~t~ators, successors, and assigns, jointly and severally, firmly by these presents. Tins Bond shall automaucally be increased by the amount of any Change Order or Supplemental Agreement winch increases the Contract pr]ce, but m no event shall a Change Order or SupplemenUd Agreement Much reduces the Contract pr]ce decrease the penal sum of this Bond THE OBLIGATION TO PAY SAME ]s condluoncd as follows Whereas, thc Prmclpal entered rote a certain Contract, identified by Ordln~nce Number 98-2'76, with the City of Denton, the Owner, dated the 15 day of SEIVI~EMBF-,R A.D. 1998, a copy of which ]s hereto attached and made a part hereof, for BID # 2253 - CLEVELAND STREET 6" AND 8" SANITARY S~%¥E,R TRENCIiLES$ R~HABILITATION. NOW, THEREFORE, ]f the Principal shall well, truly and faithfully perform its dunes and make prompt payment to all person, firm~, subcontractors, corporaUons and claunant~ supplying labor and/or material m thc prosecuUon of the Work provided for in smd Contract and any and all duly anthor~zed mod]ficauons of said Contract that may hereafter bc made, not]ce of which modlficatmns m the Surety being hereby expressly waived, then this obhgauon shall be void, otherwise it shall remain m full force and effect PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive venue shall he m Denton County, Texas AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of tune, altcraUon or addition to the terms of thc Contract, or to thc Work to be performed thereunder, or to thc Plans, Speclficauons, Drawings, crc, accompanying the same, shall m anywise affect its obligation on this Bond, and It does hereby waive notice of any such change, extension of tlr~e, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Speclficauons, Drawings, ctc PB - 3 Tlus Bond ,s given pursuant to the provisions of Chapter 22~3 of the Texas Government Code, as amended, and any other apphcable statutes of the State of Texas The ullderBlgned anti deslgl~ted agent is hereby designated by the Surety herem as the Resident Agent m Denton County to whom any requisite nouces may be del,vered and on whom service of process may be had m matters arismg out of such suretyslup, as provuded by Amcle 7 19-1 of the Insurance Code, Vernon's Aunotat~xl C~vll Statutes of the State of Texas IN WITNESS WHEREOF, this ,nstrument is executed m 4 cop~es, each one of wluch shall be deemed an original, this the 15 day of S~F.R, 1998. ATTEST PRINCIPAL PRESIDENT ATTEST SURETY BY ~L,:~~, ~ BYA~est Surety ~nsu~'ance Com~)any--/~.~.~.~ . ~ ,~ ,,-~-~ ~ :~'TTORNEY-IN-FACT Oel)b t e Smith The Resident Agent of the Surety m Denton County, Texas for dehvery of not,ce and service of the process is NAME .~.~ 0. Baldwin STREET ADDRESS 1~01 Kas OPtve, Suite 8, Richardson, TX 75081 (NOTE Date of Payment Bond must be date of Contract If Resident Agent ts not a corporation, give a person's name ) 22~3 CONTRACT & BONDS PB - 4 LIMITED POWER OF ATTORNEY Amwest Surety Insurance Company Far West Insurance Company Expiration Date 09/17/00 POWER NUMBER 0000933153 This document ts pnnted on whim paper contalmng the amficml waterrcarked logo ( ~ ) of Amwest Surety Insurance Company on the front and brown security paper on the back Only unaltered on~nals of the L~mltod Power of Attorney ("POA) are vabd This POA may not be used m conjuncbon vath any other POA No representations or warrantte~t regarding fa~a POA may be made by any person Th~s POA is governed by the laws of the State of Nebraska and ts only vahd until the expiration date Amwest Suraiy insurance Company and Far Wast lnsuranc,~ Company (collectively the "Companf ) shall not be hable on any hrmted POA whmh Is l~audulently produced forged or othervnse d~strfauted vnthout the perrmas~on of the Company Any party concerned about the vahd~ty of th~s POA or an accompanying Company bond should call your local Amweat branch office at {972) 503-6925 KNOW ALL BY THESE pRESENT that Amwest Surety Insurance Company, a Nebraska corporation and Far West Insurance Company, a Nebraska corporatmn (eollectwely the "Company ), do hereby make constitute and appmnt guzanne C Baldwin William D Baldwin Cindy Fowler Dabble Smith Michael B Hill As Employees of BALDWIN [NS AND BONDING AGENCY its true and lawful Attorney in fact, w~fa hlrated power and aufaorlty for and on behalf of the Company as surety to execute dehver and affix the seal of thc company thereto If a seal is reqmred on bonds, undertakings, recognizances reinsurance agreement for a Miller Act or other performance bond or other watten obligations In the nature thereof as follows All Bonds up to $10,000,000 00 and to bmd the company theraby Th~sappo~ntment~smadeunderandbyauthontyoftheBy Laws ofthe Company whmh are now m full force and effect l, the undersigned secretary of Amwest Surety Insurance Company, a Nebraska corporatmn and Far West Insurance Company a Nebraska corporatton DO HEREBY CERTIFY that th~s Power of Attorney remains m full force and effect and has not been revoked and furthermore that the resoluoons of the Board of D~rectors of both Amwest Surety Insurance Company and Far West Insurance Company set forth on tfus Power of Attorney and that the relevant prows~ons of the By Laws of each company are now m full force and effect ~ ff~ BondNo 1366701 S~goed&sealedfa~s lS~:h dayof September 19 98 Karen G Cohen, Secretary * * * * * * * * * * * * * * * * * RESOLUTIONS OF THE BOARD OF DIRECTORS * * * * * * * * * * * * * * * * * * * * * * * * * * * Th~s POA is signed and sealed by facsimile under and by the authority of the following resoluUons adopted by the Board of Directors of Amwest Surety Insurance Company at ameetmgdulyheld onDecemher 15, 1975 andFar West lnsuranceCompenyat a m~etmgdulyheld on July28 1983 RI~SOLVED, that the Prasld©nt or any Vice President, m conlunct*on wtth the Secretary or any Assistant Secretary may appoint attorneys m fact or agents wtth aufaortty as defined or hrmted m the mstrament evidencing the appomtrc~nt m each case, for and on behalf of thc Company to execute and dehver and affix the seal of the Company to bonds, undertafungs, recogmzanees, and suretyship obhgatlons of all kinds and smd officers may remove any such attorney In fact or agent and revoke any POA previously granted to such person RESOLVED FURTHER that any bond undertaking r¢cogalzance or suretyship obhgatlon shall be vahd and brad upon the Company 0) when s~gned by the Prasldent or any Vice President and attested and sealed (If a seal be required) by any Secretary or Assistant Secretary or (n) when s~gned by the lh'esld~nt or any Vine President or Secretary or Assistant Secretary and countersigned and sealed (ff a seal be reqmred) by a duly authorized attorney in fact or agent or (m) when duly executed and sealed (if a seal he required) by one or more attorneys tn fact or agents pursuant to and within the limits of the authority evidenced by the power of atromey issued by the Company to such person or persons RESOLVED FURTHER, that the s~gaature of any authorized officer and the seal of the Company may be affixed by facs~rrale to any POA or ce*aficatlon thereof authonzang the execut*on and dahvery of any bond undertaking recognizance, or other suretyship obhgatlons of the Company, and such slgnatore and seal when so used shall have the same force and effect as though manually affixed IN WITNESS WHEREOF, Amwest Sureiy lmurance Company and Far West Insurance Company have caused these present to be signed by ~ts proper officers and its corporate seals to be hereunto affixed this 12th da~Decemher,~ ~ Karen 13 Cohen Secretary State of Cabforma County of Los Angeles On December 12 1997 before ma, Peggy B Lofion Notary Pubhc, personally appeared John E Savage and Karen G Cohen personally known to me (or proved to me on the hasls of satisfactory evidence) to be the person(s) whose name(s) ~s/are subscribed to the wtth~n instrument and acknowledged to me all that he/aha/they executed the same ~n fus/her/the~r authon~d capamty0es), and that by fus/her/the~r s~gnature(s) on the ~nstrument the person(s), or the enuty upon behalf of which the person(s) acted IMPORTANT NOTICE TO OBTAIN INFORMATION OR TO MAKE A COMPLAINT You may contact the Texas Department of Insurance to obtmn ~nformatmn on companies, coverages, rights or complmnts 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 premmm or about a clmm, you should contact the company first If the d~spute ~s not resolved, you may contact the Texas Department of Insurance ATTACH THIS NOTICE TO YOUR POLICY Thru not,ce ~s for mformat~on only and does not become a part or condition of the attached document CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Bidder's attention is dimmed to the insurance requirements below: It is h~gnly recommended that bidders confer with their reepem~ve insurance ~amers or brokers to determine in advance cf Bid submission the availability of insurance certificates and endorsements as prescribed and provided herein. If an apparent iow bidder .f_~is to comply ~trictiy with the insurance requirements, that bidder may be disquahfieo .from award of the contrast. Upon bid sward, all insurance requirements shall become contractual obligations which the successful bidder shall have a duty to maintain throughout the course of this oontrant. 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 completec and accepted by the City of Denton, Owner, the rn;mmum ~nsurence coverage as indicated hereinafter. ' Aa soon as practicable after notification of bid award, Contractor shall file w~th the Purchasmg Department satisfactory certificates of ansurenca, contalmng the number and title of the project. Contractor may, upon wntten request to the Purchasing Department, ask for clarification of any ansurance requirements at time; however, Contractors are strongly advmed to make such requests pnor to opemng, since the msurancs requirements may not be modified or wmved after b~d opemng unless a wntten exception has been submitted with the b~d..Contractor shall not commence any work or deliver any material until he or she receives notification that the contrast has been accepted, approved, and signed by the City of Denton. All ~nsurencs policies proposed or obtained In satisfactmn of these requirements shall comply w~th the following general specifications, and shall be maintained compliance w~th these general specifications throughout the duratmn of the Contract, or longer, ,fao noted: · Each pohcy shall be issued by a company authorized to do business an the State of Texas with an A.M. Best Company rating of at least · Any deductibles or self-insured retentions shatl be declared ~n the b~d proposal. If requested by the City, the msurer shall reduce or slim;nato such dedu~tibles or seif-msured retentions w~th respect to the C~ty, officmls, agents, smployane and volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and related ~nvestlgatlons, claim administration and defense expenses. Insurance Requirements Page 2 officials, agents, employees and volunteers; or, the contractor shall a bond guaranteeing payment of losses and related Investlgatinns, cia administration and defense expenses. · IJablllty policies shall be endorsed to provide the following: ee Name aa eddit/onal insured the City of Denton, its Officials, Employeas and volunteers. ee That such Insurance Is primary to any other Insurance ~vailab~e to ?.dditional insured with'respect to claims covered under the pollcy an mat this insurance applies separ~ely to each Insured egains; whom claim Ia made or suit 1~ brought. The inclusion of more than oma Insured shall not operate to increase the insurer's limit of I/ability. · All policies shall be endorsed to provide thirty(30} days prior written notzca of cancellation, non-renewal or reduction In coverage. · Should any of the required Insurance be provided under · c/aims-made form, Contractor shall maintain such coverage continuously throughout term of this contract and, without lapse, for a period of three years beyond the contTact expiration, such that occurrences arising during the contrac:, term which give rise ta claims made after expiration of the contract shall be covered. · Should any of the required insurance be provided under a fern 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 conalictor 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 satisfactor/evidence of mJnst~ed coverage as required by this contract, effective as of the lapse date. If Insurance Is not reinstotad, City may, at its sole option, terminus this agraemen! effective on the date of the lapse. Insurance Requirements Page 3 SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: All insurance policies proposed or obtained in satisfaction of this Contract additionally comply with the following marked specifications, and shall be mainta,nec in compliance with these additional specifications throughout the duration of Contract, or longer, jf so noted: A. General IJabiiity Insurance: General [Jability Insurance with combined single limits of not less than ~ shall be provided and maintained by the contractor The pc/icy shall be written on an occurrence basis either in a single policy or ~n a combination of underlying and umbrella or excess policies. If the Commercial General Liablhty form (ISO Form CG 0001 outran: edition) Is used: · Coverage A shall Include premises, operations, products, ann 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 (leo Form GL 0002 Current Edition and ISO Form GL 0404) is used, it shall ,nclude at least. · Bodily injury end Property Damage I,aDiI,ty 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) covenng this contract, personal injury liability and broad form property damage liability. IX! Automobile Uabiiity Insurance: Contractor shall provide Commercial Automobile I,ablhty insurance with Combined Single Limits (CSL) of not less than ~ either in a single policy or In a combination of basic and umbrella or excess policies. The policy will include bodily mJuw and property damage liability ansmg out of the AAA003$Q .EViSED ~o.~ CI - 3 Insurance Requirements Page 4 operation, maintenance and uae of all automobiles and mobile equipment uae= in conlunctton with this contract Satisfaction of the above requirement shall be In the form of a po;icy, endorsement for: · any auto, or · all owned, hired and non-owned autos. IX] Workers Compensation Inaurenca Contractor shall purchase and maintain Worker's Compensation Insurance which, In addition to meeting the minimum statutory requirements for Issuance of such Insurance, has Em-lo'-er's ' ,_L ......... . -- . v ~-=,,,~y iimlza ct at least $100,000 for each accIoent, el00,000 per each employee, and a eSO0,0.0.0 ??icy limit fo.r occupational disease. The City need not be named aa an Addmonai Insured but the insurer shall agree to waive all rights of subrogation against the C~, its officials, agents, employees and volunteers for any work performed for the C~ty by the Named Insured. For building or construction prelects, the Contractor shall comply with the provisions of Attachment 1 in accordance with J405.0g5 of the Texas Labor Code and rule 28TAC 110.710 of the Texas Worker's Compensation Commission (TWCC3. Owner's and Contra=tor'a 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 Uabllity insurance policy naming the City as ~nsured for property, damage and bodily injury which may anse 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 ~asued by the same ~nsurance company that carries the contractor's liability insurance. Policy lira,ts will be at least combined bodily injury and property damage per occurrence with a aggregate. [ ] Fire Damage Legal Uability Insurance Coverage la required if Broad fan~ General Uabllity ia not provided or unavailable to the contractor or if a contractor Peases or rents a portion of City building. Umits of not less than each occurrence are required. AAAO03S0 ,EWSED m. =/~4 CZ - 4 Insurance Requirements Page 5 [ ] Professional liability Insurance Professional liability fnsurance with limits not less than per 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 Ali-Risk form for 100% of the completed value shall be provided. Such policy shall fnclude as "Named Insured" the City of Denton and all subcontractors as their interests may appear. Additional Insurance Other ~nsurence may be required on an individual basis for extra hazardous oontrecta and specific service agreements. If such additional insurance ~s required for a specific contract, that requirement will be described ~n the "Specific Conditions" of the contract specifications AAAO0350 Insurance Requirements Page 8 ATTACHMENT 1 IX] Worker's Compensation Coverage for Budding or Construction Pro]ec~ for Qevammentoi P.n~e8 A. Definitions: Cemflcate of coverage ("cortifloate"}-A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commismon, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-S4), showln, g atatutory workers' compensation msuran coverage for the er ' , C8 p son s or entity s employee8 prov~ding services on a project, for ~e duration of the project. Duration of the project - includes the time from the beginning of the on the project until the contractor's/peraon'swork on the project has been completed and accepted by the govemmental Persons providing services on the project ('subcontractor" in §408.096) - includes all persons or entities performing all or part of the eervmes the oontractor has undertaken to perform on' the project, regardless of whether that person coctractad dirac~y w~th the centractor and regardless of whether thai person has employees. This includes, without limitation, independent contractors, subcontractors, leasing compamas, motor carriers, owner-operstors, employees of any such entrty, or employees cf any entity which furnishes persons to provide servfcse on the project. "Services" include, without limitation, prowding, hauling, or delivenng equipment or materials, ar providing labor, transportation, er 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 elasmflcstion codes and payroll amounts and filing of any overage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44} for all employees of the contractor providing services on the project, for the duration of the project. C. The Contractor must provfde a certificate of coverage to the governmental entity prior to being awarded the D. If the coverage panod shown on the contractor's current certificate of =overage ends du~ng the duration of the project, the contractor must, prior to the end of the coverage period, file a new cemflaate of =overage with the governmental entity showing that coverage has been extended. .Er,eEo'tO. CO.. CI - 6 Insurance Requirements Page 7 E. The contractor shall obtain from each person prov~d;ng sen/~ces on a project, and prowde to the governmental entny a certificate of coverage, prior to that person beginning work on project, so the governmental entity wdl have on file certificates coverage showing coverage for all persons prowdtng sen/ices on project; and i2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, If coverage period shown on the current certificate of coverage enos dunng the duration of the project. F. The contractor shall reta,n a/I required certificates of coverage for cbs duration of the project and for one year thereafter G. The contractor shall notify the governmental entity ~n wrmng by canff~eo mini or personal delivery, w~th~n 10 d;,ys 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 s,te a not~ce, zn the text, form and manner prescribed by the Texas Workers' Compensation Comm,ss~on, 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 requ~ra each person wnh whom ~t contracts to provide services on a project, to: (1) provide coverage, based on proper report;rig of classff;cation codes and payroll amounts and flhng of any coverage agreements, which meets the statutory requirements of Texas Labor Coda, Section 401.011(44) for all of rte employees prov,d~ng sen/ices on the project, for the duration of the project; (2) prov,de to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage ~s bmng prov;ded 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 ~&,AO0380 Insurance Requ,rements Page 8 certificate of coverage showing extension of coverage, fl the coverage period shown on the currant oeraficate of coverage ends during the duration of the project; (4) obtain from each other person with whom It contracts, and provide to the contractor: (a) · certificate of coverage, prior to the other person beginning work on the project; and (b) a new certificate of coverage show/n- ext---'-- -- ~ ~,~un OT coverage, prior to the end of the coverage panod, if the coverage panod shown on the current certificate of coverage ends dunn the duration of the project; g (5) retain ail required certificates of coverage on file for the duration of the project and for one year thereafter: notify the governmental entity In writing by certified mall 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 s,gmng th,s contract or providing or causing to be provided a car?Jficate of coverage, the contractor is representing to the govemmentsl entity th Jr ail 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 w,ll be baaed on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed w,th the appropriate insurance carnet or, in the case of a self- insured, with the oommismon's Division of Self-insurance Regulation. Providing false or misleading lnformatian may subject the contractor to administrative penalties, anmmal penalties, civil penalties, or other crvd actions. K. The contractor's failure to comply with any of these provisions ,s a breach of oontroct 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. BID TOTAL BID PRICE IN WORDS *Sixty Four Thousand Eight Hundred _Sixty Eight and Ten Cents* In_the. evept .~ ~he ~ard of a contract to the undersigned, the unaers~gnea w~ll furnish a performance bond and a payment bond for ~t~.e ~ull amount of.~.e contract, to secure proper compliance with =he =eL'~S aha provLsLons of the contract, to insure and guarantee the work until final completion and acceptance, and to guarantee payment for all lawful cla/ms 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 thas proposal, shall control over extensions. Calvert Paving Corporation CONTRACTOR E D Calvert P.O Box 268 Street Address Denton,TX 76202 City and State Seal & Authorization (If a Corporation) 940/891-3205 Telephone B - 1 CLEVELAND STREET BID TABULATION SHEET Work Days 30 8" Sanitary Sewer -- -- Bid No Trenchless Rehablhtaflon P O No Item Q.~n~tity Umt Price Total 21 Contractom Warranties arid 2948.55 /LS $2948 55 Unit Price In Words Two Thousand Nine Hundred For~ and Fift~ Five cents* 13 6" 22 $ 10.00 /SY $ 220 O0 Umt Pmce In Words Ten and No Cents* 3-B Dnves& Walks 47 20.00 /SY 940 oo Umt Pnce In Words No Cents* I Ri 2948 55 /ES $ 2948 55 I Unit Pnce In Words Two Thousand N in] Hundred Forty Eight and Fifty Five Cents* 3 9 Sod 87 SY $ 5.00 /SY $ 435 oo Umt Pnce In Words Five and No Cents 3 12 Temporary Erosion Con~ol LS $ 500 oo 500 oo Unit Price In Words Five Hundred and No Cents 7 6-A Manhole. 1 $ 2500 oo tEA $ 2500 oo Urtlt Pnce In Words Two Thol,snnd Five Hundred and No Cents* 6-B Rebuild Manhole have~ 1 $ 500 00 tEA 500 00 Unit Prlee In Words Five Hundred and No Cents* 1 Bamcadcs, Wamm and Detours lOOO oo /LS i000 o0 Umt Pnce In Words One Thousand and No Cents* 3 ,6" 47 50.00 $ 2350 00 Unit Pnce In Words Fifty and No Cents* WS-18 , Sewer Service 29 $ 1000.00 $ 29000 Umt Pncein Words One Thousand and No Cents* WS- 18 ' Sewer Sero, ice 1 1100.00 1100 Umt Pnce In Words One Thousand One Hundred and No Cents* SP-2 Concrete Saw Cut 63 2,00/LF 126 oo Umt Price In Words ~3~o and No Cents* 7/20/98 P 3 CLEVELAND STREET BID TABULATION SHEET Work Days 30... 8" Sanitary Sewer Bid No Trenchless Rehabilitation P O No Item Descrfpfloa Unit PHce SP-10 Excavation 50 Words One and No Cent~ ~P-37 150 $ I 00 /LF 150 00 [Il WOI'~ One and No Cents* SP-39 2 200.00 /PA 400 Utl~t PHCe In Words Two Hundred and No Cents* SP-43 Saw Cut 1070 2.00 /LF 2140 U~llt Pnco In Words Two and No Cents* SP-45-A ,utment 100.00 100 00 Words One Hundred and No Cents* WS-32-A 6" Trenchless Sewer Rehabflltanc,, i 389 20.00 $ 7780 oo Unlt Price In V~'ords Twenty and No Cellts* WS-32-B ~8" Trsnchless Sewer Rehabfl,%, *;.:4 Umt Pncs In Words Twenty and No Cents* __1 $ Umt Pnce In Words $ Umt Pnce In Words $ TOTAL 64,868 6/9/98 P 4 ~~ lO OERTIFIOAI~ IE iSSUED AN A ~R OF INFO~ON ONLY AND CONFBR8 NO RIOH~ UPON ~E OB~FICA~ HOLDER ~18 OER~RCA~ : DOE8 NOT AMEND, ~ND OR AL~R ~E ~OVERAGE AFFORDED BY ~E RAMEY & ~NO I~U~NCE POUOIB8 BELOW ~ ~ ~E, ~1~ A COMPANIES AF~RDING ~VE~GE ~ B T~ W~ ~ Fu~ ~18 IS TO CE~ ~AT ~E ~O[B ~ INSU~OE US~ ~ ~VE ~ ISSU~ TO ~E INSU~ N~ED ~E FOR ~E ~CY P~IOD INDI~ NO~I~8~DINO ~Y R~IR~T. ~R~ ~ ~1~ ~Y CON~T OR O~ER D~UMENT WI~ R~PECT TO_~I~I~ CE~FICA~ MAY ~ ~$8UED OR MAY ~N, ~E INSU~CE ~BY ~E ~UCI~ DESCRI~ HER~N I~ SUREST TO ~ TH~ IbH ~, ~CLU~ION8 ~D C~DI~ON8 ~ SUCH ~CIE8 UMI~ SH~ MAY HAVE BEEN REDUC~ BY PAID C~M~ ~ A A ~ ~ CAP~K~ ~07~ ~7~ L~ ~ s X ~Y~ a ~ ~1~ 1~7 1~ ~ ~ A COCA.OR8 ~QUIP. PAO~W~ ~7~ ~7~ RE~D EQUIPME~ AS ADDmONAL INSURED SHOULD ANY OF THE ABOVE DESCRIBED POUCIE8 BE CANCEl. LED BEFORE THE EXPIRATION DATE THEREOF, THE IESUING COMPANY WILL ENDEAVOR TO CiTY OF DENTON MAIL ~0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO ~E ~QIB TEXAS 81' LEFT, BUT FAILURE TO MNL SUCH NOTICE SHALL IMPOSE NO OBMGATION OR UABIU~' OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVE8 DENTON TX 76201