1998-277AN 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 C~ty has sohclted, received and tabulated competitive bids for the
construction ofpubhc works or Improvements m 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 hereto described bids are the lowest responsible bids for the constmcUon of the public works or
improvements described m the bid invitation, bid proposals and plans and specfficataons therein,
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the following competitive bids for the construct,on of public works or
Improvements, as described m the "Bid InvltaUons", "Bid Proposals" or plans and specifications on
file m 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 b~ds
BID
NUMBER CONTRACTOR AMOUNT
2254 CALVERT PAVING $ 92,596 20
~ 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 requ,rements specified xn the Notice to Bidders including the timely execut,on of a written
contract and furmshmg of performance and payment bonds, and Insurance certificate after
noUficatlon 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 ~mprovements m accordance
with the bids accepted and approved herein, provaded that such contracts are made in accordance
with the Nottce to Bidders and Bid Proposals, and documents relating thereto spemfylng the terms,
conditions, plans and speclficaUons, standards, quantities and specified sums contmned therein
SECTION IV That upon acceptance and approval of the above compet~ttve bids and the
exeeutton of contracts for the public works and improvements as authorized hereto, the Caty Council
hereby authorizes the expendamre of funds an the manner and an the amount as specffied in such
approved b~ds and anthonzed contracts executed pursuant thereto
SECTION V That tlus ordinance shall become effective ammedmtely upon ~ts passage and
approval
PASSED AND APPROVED th~s the y of 998
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 # 2254
BID NAME SOUTHEAST DENTON SIDEWALK Calvert A & J Industrial
Paving Coatings
DATE
I SOUTHEAST DENTON SIDEWALK $76,237 10 $109,699 06
2 ALTERNATE 1 BRADSHAW ST SIDEWALK $t6,359 10 $28,7t4 00
TOTAL $76,237 10 $t09,699 00
ALTERNATIVE TOTAL $92,596 20 $138,413 00
CONTRACT AGREEMENT
STATE OF TEXAS §
COUNTY OF DENTON §
THIS AGREEMENT, made and entered tnto thts 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, Ctty Manager, thereunto duly authorized so to do,
hereinafter termed "OWNER," and
CALVERT PAVING CORPORATION
P.O. BOX 268
DENTON, TX 76202
of the City of DENTON County of DENTON and State of TEXAS, hereinafter termed
"CONTRACTOR"
WITNESSETH That for and in constderatlon 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 wtth OWNER to
commence and complete performance of the work specified below
BID # 2254 - SOUTHEAST DENTON SIDEWALK IMPROVEMENTS
tn the amount of $92,596.20 and all extra work m connection therewtth, under the
terms as stated m the General Condttmns of the agreemem, and at h~s (or thetr) own proper
cost and expense to furmsh all materials, supphes, machinery, eqmpment, tools,
supermtcndance, labor, insurance, and other accessories and serwces necessary to complete the
work specified above, m accordance with the condtttons and prices stated m the Proposal
attached hereto, and tn accordance w~th all the General Condtttons of the Agreement, the
Special CondltWns, the Notice to Bidders (Adverttsement for Btds), Instructions to Btdders,
and the Performance and Payment Bonds, all attached hereto, and ~n
CA - 1
accordance w~th the plans, wfuch 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 mdependent contractor and shall not be deemed to be or considered an
employee of the City of Denton, Texas, for the purposes of income tax, w~thholdmg, social
security taxes, vacation or s~ek leave benefits, worker's compensation, or any other City
employee benefit C~ty shall not have superwslon and control of Contractor or any employee
of Contractor, and ~t is expressly understood that Contractor shall perform the services
hereunder accordmg to the attached specifications at the general direction of the City Manager
of the City of Denton, Texas, or his designee under th~s agreement
Indemnlficat~on
Contractor shall and does hereby agree to indemnify and hold harmless the City of
Denton from any and all damages, loss, or hab~l~ty of any land whatsoever, by reason of injury
to property or third persons occasioned by any error, omission or neghgent act of Contractor,
tts officers, agents, employees, mwtees, and other persons for whom it is legally hable, with
regard to the performance of th~s 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
Th~s agreement shall be governed by the law of the State of Texas and venue for its
construction and enforcement shall he 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 m written not~ce to commence work and complete all work
within the tune stated m the Proposal, subject to such extensions of t~me as are prowded by the
General and Speclal Conditions
The OWNER agrees to pay the CONTRACTOR m current funds the price or prices
shown m the Proposal, which forms a part of th~s contract, such payments to be subJeCt to the
General and Specml Condtuons of the Contract
CA - 2
IN WITNESS WHEREOF, the partms of these presents have executed th~s agreement
m the year and day first above written
ATTEST ~
ATTEST., f'
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
APPROVED AS TO FORM PRINTED NAME
¢~/~~ (SEAL)
CITY ATTORNEY /
CA ~ 3
Bond Ho 1366702
PERfOrCE BOND
STATE OF TEXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS That CALVERT PAVING, whose
address Is P.O. BOX 2~8, Di~NTON, TX 76202, hereinafter called Prmclpal, and
Aewest Sm'ety Insurance Company , a corporation org~m~ed and
ex~stmg under the laws of the State of TF_,XAS, and fully author]zed to transact bnsmess m the
State of Texas, as Surety, are held and firmly bound unto the City of Denton, a mumclpal
corporation orgamzed and ex~stmg under the laws of the State of Texas, hereinafter called
Owner, m the penal sum of NINETY TWO THOUSAND FIVE IIUNDRI~ NINETY SIX
and 20/100 DOLLARS ($92,596.20) plus ten percent of the stated penal sum as an addluonal
sum of money representing adchuonal court expenses, attorneys' fees, and hqmdated damages
ar~smg out of or connected vath the below ~denufied Contract, m lawful money of the Umted
States, to be prod m Denton County, Texas, for the payment of wluch sum well and truly to be
made, we hereby brad ourselves, our heLrs, executors, admmmtrators, successors, and assigns,
jointly and severally, firmly by these presents Tlus Bond shall automaUcally be mcreased by
the amount of any Change Order or Supplemental Agreement which mcreases the Contract
price, but m no event shall a Change Order or Supplemental Agreement which reduces thc
Contract price decrease the penal sum of thts Bond
THE OBLIGATION TO PAY SAME ~s cond~tloned as follows Whereas, the Principal
entered mto a certain Contract, ldentffied by Ordinance Number 98-277, w~th the C~ty of
Denton, thc Owner, dated the 15 day of SlgFrF3JBER A.D. 1998, a copy of which ~s hereto
attached and made a part hereof, for BID # 2254 - SOUTHEAST DENTON SIDEWALK
IMPROVEMENTS.
NOW, THEREFORE, ~f the Principal shall well, truly and fmthfully perform and fulfill
all of the undertakings, covenants, terms, condlUons and agreements of sa~d Contract m
accordance w~th the Plans, Specfficataons and Contract Documents durmg the original term
thereof and any exteus~on thereof which may be granted by the Owner, with or w~thout nouce
to the Surety, and durmg the hfe of any guaranty or warranty reqmred under th~s Contract, and
shall also well and truly perform and fult'dl all the undertakings, covenants, terms, cond~Uons
and agreements of any and all duly authorized modifications of sa~d Contract that may
hereafter be made, hOrace of which mod~ficataons to the Surety being hereby waived, and, ~f the
Principal shall repatr and/or replace all defects due to faulty materials and workmanship that
appear w~thm a period of one (1) year from the date of final completion and f'mal acceptance of
thc Work by the Owner, and, ff the Principal shall fully mdemmfy and save harmless the
Owner from all costs and damages which Owner may suffer by reason of fadure to so perform
herem and shall fully reunburse and repay Owner all outlay and expense whxch the Owner may
recur m making good any default or deficiency, then th~s obbgauon shall be void, otherwise, ~t
shall remam m full force and effect
PB - 1
PROVIDED FURTHER, that ff any legal actxon be filed upon thxs Bond, exclusxve
venue shall he m Denton County, State of Texas
AND PROVIDED FURTHER, that the sand Surety, for value received, hereby
stipulates and agrees that no change, extension of tune, alteratxon or addxtlon to the terms of
the Contract, or to the Work to be performed thereunder, or to the Plans, Specfficauons,
Drawings, etc, accompanying the same, shall m anywise affect ~ts obhgauon on tins Bond,
and ~t does hereby waive notme of any such change, extensxon of tune, alteration or adtht~on to
the terms of the Contract, or to the Work to be performed thereunder, or to the Plans,
Specfficauons, Drawings, etc
This Bond ~s given pursuant to the provlstons of Chapter 2253 of the Texas
Govermnent Code, as amended, and any other apphcable statutes of the State of Texas
The tmderslgned and designated agent is hereby designated by the Surety berem as the
Resident Agent m Denton County to whom any requmte notices may be dehvered and on
whom service of process may be had m matters arising out of such suretyslup, as provided by
Artmle 7 19=1 of the Insurance Code, Vernon's Annotated Clwl Statutes of the State of Texas
IN WITNESS WHEREOF, th~s Instrument ~s executed m 4 copies, each one of which
shall be deemed an original, th~s the 15 day of SEPTEMBER 1998.
ATTEST PRINCIPAL
SECRET~RY BY cc~ ~7 -
PRESIDENT
ATTEST SURETY
ATTORNEY-IN-FACT DebOie Smith
The Resident Agent of the Surety m Denton County, Texas for dehvery of notice and servxce
of the process ts
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 ts not a
corporatton, gtve a person's name )
PB - 2
Bond No. *1366702
PAYMENT BOND
STATE OF TEXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS That CALVERT PAVING, whose
address ts P.O. BOX 268 DENTON, TX, 7~202, beremafter called Prmctpal, and
A.,o., ~,,.A~v ~..,,~,~ C~mn*nv , a corporation organ!7~d and
ex3stmg under the laws of the State of TEXAS, and fully anthonzed to transact busmess m the
State of Texas, as Surety, are held and fmnly bound unw the C~ty of Denton, a mumclpal
corporation orgsn17.ed and existing under the laws of the State of Texas, hereinafter called
Owner, and unm all persons, firms, and corporations who may furmsh materials for, or
perform labor upon, the bmldmg or unprovemencs hereinafter referred to, m the penal sum of
NINETY TWO THOUSAND FIVE HUNDRV. D NINETY SIX 20/100 DOLLARS
($92,596.20) m lawful money of the Um~l Shares, to be pad m Denton, County, Texas, for
the payment of winch sum well and truly to be made, we hereby brad ourselves, our he]rs,
executors, sdmmTstrators, successors, and assigns, jointly and severally, firmly by these
presents Tins Bond shall automaucally be increased by the amount of any Change Order or
Supplemantal Agreemanr winch mcreases the Contract price, but m no event shall a Change
Order or Supplemental Agreemenr winch reduces the Contract price decrease the penal sum of
tins Bond
THE OBLIGATION TO PAY SAME ~s conditioned as follows Whereas, the Principal
entered into a certain Contract, tdantified 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 ts hereto
attached and made a pan hereof, for BID # 2254 - SOUTHEAST DENTON SIDEWALK
IMPROVEMENTS.
NOW, THEREFORE, ~f the Prmctpal shall well. truly and faithfully perform tts duues
and make prompt payment to all persons, firms, subcontractors, corporations and claunants
supplying labor and/or material m the prosecution of the Work provtded for ~n satd Contract
and any and all duly authorized modffications of satd Contract that may hereafter be made,
notice of winch modtfications to the Surety being hereby expressly waived, then th~s obhgatlon
shall be votd, otherwtse tt shall remain m full force and effect
PROVIDED FURTHER, that tf any legal acuon be filed on th~s Bond, exclusive venue
shall he m Denton County, Texas
AND PROVIDED FURTHER, that the satd Surety, for value received, hereby
stipulates and agrees that no change, extension of tune, alteration or addmon to the terms of
the Contract, or to the Work to be performed thereunder, or to the Plans, Spectficauons,
Drawings, etc, accompanying the same, shall m anywise affect ~ts obhgation on tins Bond,
and ~t does hereby watve notice of any such change, extension of tune, alteration or addttion to
the terms of the Contract, or to the Work to be performed thereunder, or to the Plans,
Spectfications, Drawings, etc
PB - 3
This Bond Is given pursuant to the provmons of Chapter 2253 of the Texas
Government Code, as amended, and any other apphcable statutes of thc State of Texas
The underslgned and des~t, nated agent ~s hereby designated by the Surety herem as the
Resident Agent m Denton County to whom any requisite nonces may be delivered and on
whom service of process may be had m matters ansmg out of such suretyship, as prowded by
Article 7 19-I of the Insurance Code, Vemon's Annotated Civil Statutes of the State of Texas
IN WITNESS WHEREOF, this instrument is executed m 4 copies, each one of which
shall be deemed an original, this the 15 day of SEPTEMBER, 1998.
ATTEST PRINCIPAL
BY
PI~SIDENT
ATTEST SURETY
/ ' BY ~
ATTORNEY-IN-FACT
The Res~dentAgent ofthe Surety m Denton County, Texas for dehvery of nouceand servme
of theprocess ~s
NAME ~t111am D, Baldwtn
STREET ADDRESS 1201 Kas Drtve, Suite B, Richardson, TX 75081
(NOTE Date of Payment Bond must be date of Contract If Restdent Agent ts not a
corporatton, gtve a person's name )
2234 CONTRACT & BONDS
PB - 4
LIMITED POWER OF ATTORNEY
Amwest Surety Insurance Company
Far West Insurance Company
0~/17/00 POWER NU/ViBER 0000933157
Expiration Date
Th~s document is pnntud on Mate paper contemmg the amfimal watermarked logo ( ,~ ) ofAmwest SureW Insurance Company on the fi'om and brown security paper
on the back Only unaltered On,hals of the Llrruted Power of Attorney ("POA") are vahd Tths POA may not ho used m conjunction vath any other POA No
representanons or warranne~ re~ardmg thts POA may ho made by any person This POA ~s governed by tho laws of the Stute of Nebreska and is only vahd untd the
expiration date Amwest Sgrety Insurance Company and Far West Insurance Company (colleetwely the "Company ) shall not be hable on any hn-ated POA which is
fraudulently produced forgq*d or othervase d~strlbuted vathout the permlssmn of the Company Any party concerned about the vahd~ty of th~s POA or an accompanying
Company bond should call your local Amwost branch office at {972} 503-6925
KNOW ALL BY THESE PRESENT, that Amwest Surety Insurance Company a Nebraska corporanon and Far West Insurance Company a Nebraska corporation
(anllect~vely the "Company' ), do hareby make, consntute and appoint
Suzanne C Baldwin
Cindy Fowler
Debble Smith
MIchael B Hill
As Employees of BALDWIN INS AND BONDING AGENCY
its ~rue and lawful Aitorney m-fact, vnth brmted power and authority for and on behalf of the Company as surety to execute dehver and affix the seal of the company thereto
If a seal ~s reqmred on bonds, und~takmgs, reeogmzances reinsurance agreement for a Miller Act or other performance bond or other written obbganons tn the nature thereof
aa follows
All Bonds up to $10,000~000 00
and to bmd the company thomby ThlsappomtmentlsmadeunderandbyauthontyoftheBy Laws ofthe Company wh~charenowm full foreeandeffent,
I, the undersigned secretary ,of Amwest Surety Insurance Company, a Nebraska corporanon and Far West Insurance Company, a Nebraska corporatmn, DO HEREBY
CERTIFY that tths Power of Attorney remains in full force and effect and has not been revoked and furthermore that the resofunons of the Board of D~rectors of both Amwest
Suraty Insurance Company and Far West Insurance Company set forth on tfus Power of Attorney, and that the relevant prowslons of tho By Laws of each company, are now
m full force and effect
BondNo ]360702 Stgned&sealedthls ,Sthdayof Seotember 19
~ Karen G Cohen Secretary
* * * * * * * * * * * * * * * * * RESOLUTIONS OF THE BOARD OF DIRECTORS * * * * * * * * * * * * * * * * * * * * * * * * * * *
Th~s POA ~s s~gned and sealed by ~cslrrale under and by the authority of tho follow~ng resolunons adopted by the Board of D~rectors of Amwest Surety Insurance Company
at a mennng duly held on December 15, 19?5 and Far West Insurance Company at a n'eenng duly held on July 28, 1983
RESOLVED, that the President or any Vies President, m conjunction wth the Secretary or any Ass[stunt Secretary, may appoint attorneys tn fact or agents with
authority as defined or hrmt~d m the msU~ment ewdencmS the appotnm'ent m each case, for and on behalf of the Company, to execute and dehver and affix the seal of the
Company to bonds, undertakings, reangnteances, and suretyship obltg~nons of all kmds, and sa~d officers may remove any such attorney m fact or agent and revoke any POA
previously granted to such p~son
RESOLVED FURT~IER, that any bond, undertaking, recognizance or sureb, sh~p obhgatton shall be vahd and brad upon the Company
0) when signed by the President or any Vice President end attested and sealed 0fa seal be raqmred) by any Secretary or Assistant Secretary, or
(n) when sl~aed by the President or any Vice President or Secretary or Ass~stunt Secretary, and countersigned and sealed (If a seal be required) by a duly
authorized attorney m-fact or agent or
0n) when duly executed and sealed (ff a seal be required) by one or more attorneys ~n fact or agents pursuant to and within the hmlta of the authority
cwdenced by the power of attorney ~ssued by the Company to such person or persons
RESOLVED FUR'IIHER, that the signature of any authorized officer and the seal of thc Company may ho affixed by facslrmle to any POA or certification thercof
authorizing the execunon and delivery of any bond undertaking, reco~meance, or other suretyship obhgat~ons of tho Company and such signature and seal when so used shall
have the same force and effect as though martually affixed
IN WITNESS WHEREOF, Amwest Surety Insurance Company and Far West Insurance Company have caused these present to bc s~ned by ~ts proper officers, and ~ts
~o~orate seals to he hereunto affixed this l~th
~ Karen O Cohen, Secretary
State of Cabthmta
County of Los Angeles
On December 12, 1997 hofore me, Pesgy B Lol~on Notary Pubbc, p~sonally appeared John E Savage and Karen G Cohen por~onally known to me (or proved to me
on the hams of sattsthcto~y evidonee) to ho the parson(s) whose name(s) is/are subsanhod to the within instrument and acknowledged to me all that he/she/they executed the
same In hl~/her/tholr authorized capac~ty0ea), and that by hl~/hor/tholr s~snature(s) on the instrument the person(s) or the entity upon behalf of which the p~son(s) acted
executed the mstturnent
WITNESS my ~1 and offimal seal
,,,,*,,,,,,,,,?~" 15230 Las Virgene, Road C.I.basas, CA 91302 ~ 1
I
J
IMPORTANT NOTICE
TO OBTAIN INFORMATION OR TO MAKE A COMPLAINT
You may contact the Texas Department of Insurance to obtmn m£ormatmn on compames,
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 d~spute concermng your premium or about a claxm, 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
Th~s notme ~s for mfonnat~on only and does not become a part or condition of the
attached document
CITY OF DENTON
INSURANCE REQUIREMENTS FOR CONTRACTORS
Bidder's attention la directed to the Insurance requirements below. It ia 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 aa prescribed and provided herein. If an apparent Iow 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 malnta,n
throughout the course of this contract.
STANDARD PROVISIONS:
W~thout limiting any of the other obligations or I,abfl,tles of the Contractor, the
Contractor shall provide and maintain until the contracted work has been completed
and aocepted by the City of Denton, Owner, the m~mmum 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, contaln,ng the b~d
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 b.d
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 ~n satisfaction of these requirements shall
comply w.th 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, ~ts
AAA00350
Insurance Requirements
Page 2
officials, agents, employees and volunteers, or. the contractor shall procure
a bond guaranteeing payment of losses and related investigations, cla,m
administration and defense expenses.
· L, ab,lity policies shall be endorsed to prov,de the following'
ee Name as additional Insured the C,ty of Denton, ,ts Officials, Agents.
Employees and volunteers.
That such Insurance is primary to any other ~nsurance available to the
additional Insured w,th respect to cia,ms covered under the pol,cy and
that this insurance applies separately to each ,nsured against whom
claim Is made or suit is brought. The mclus,on of more than one
insured shall not operate to ~ncrease the insurer's limit of liability
· All pol,c,es shall be endorsed to prov,de thirty(30) days prior wr,tten not,ce
of cancellation, non-ranewal or reduction ,n coverage
Should any of the requ,red insurance be provided under a cia,ms-made
form, Contractor shall maintain such coverage continuously throughout the
term of this contract and, w,thout lapse, for a period of three years beyond
the contract expiration, such that occurrences arising during the contract
term which give rise to cia,ms made after exp,ratlon of the contract shall
be covered.
· Should any of the requ,rad insurance be provided under a form of coverage
that includes a general annual aggregate limit prov,ding for cia,ms
Investigation or legal defense costs to be ~ncluded ~n the general annual
aggregate IIm,t, the contractor shall e,ther double the occurrence limits or
obtain Owners and Contractors Protective Liabll,ty Insurance
· Should any requ,red insurance lapse during the contract term, requests for
payments originating after such lapse shall not be processed until the C,ty
receives satisfactory evidence of rmnstated coverage as requ,red by th~s
contract, effective as of the lapse date. If insurance ,s not reinstated, CIty
may, at its sole option, terminate th,s agreement effective on the date of
the lapse.
AAAO0350
.EV~SEO ~O/l~m, CI - 2
Insurance Requirements
Page 3
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS:
All insurance policies proposed or obtained m sat,sfacflon of this Contract shell
additionally comply with the followfng marked specifications, and shall be maintained
in compliance with these additional specifications throughout the duration of the
Contract, or longer, if so noted:
A. General Liability Insurance:
General Liability insurance with combined single bruits of not less than
; _nnn.nn~ shall be provided and maintained by the contractor The policy
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 Liability form (ISO Form CG 0001 current
edition) is used:
· Coverage A shall include premises, operations, products, and
completed operations, independent contractors, contractual hablhty
covering this contract and broad form property damage coverage
· Coverage B shall include personal injury
· Coverage C, medical payments, ~s not required
If the Comprehensive General Liability form (ISO Form GL 0002 Current
Edition and ISO Form GL 0404) is used, ~t shall include at least
· Bodily injury and Property Damage Liability for premises,
operatmns, 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 ~njury habdlty and broad form
property damage liability.
AAA00360
Insurance Requirements
Page 4
Automobile Liability Insurance:
Contractor shall provide Commercial Automobile Uabihty insurance wsth
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
w~ll include bodily injury and property damage liability arising out of the
operation, maintenance and use of all automobiles and mob,la equipment used
in conjunction with this contract.
Satisfaction of the above requirement shall be ,n the form of a pohcy
endorsement for'
i any auto, or
· all owned, hired and non-owned autos.
[x] Workera Compensation Insurance
Contractor shall purchase and mmntmn Worker's Compensation ~nsurence
which, in addition to meeting the mimmum statutory reqmrements for ~ssuance
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 pohcy 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 aga,nst the City,
its officials, agents, employees and volunteers for any work performed for the
City by the Named Insured For budding or construction projects, the
Contractor shall comply with the provisions of Attachment 1 ~n accordance
with §406.096 of the Texas Labor Code and rule 28TAC 110.110 of the Texas
Worker's Compensation Commission (TWCC}.
[ ] Owner's and Contractor's Protective Liabdity Insurance
The Contractor shall obtmn, pay for and maintain at all times dunng the
prosecution of the work under this contract, an Owner's and Contractor's
Protective Liability insurance pohcy naming the C;ty as insured for property
damage and bodily injury which may arise ~n the prosecution of the work or
contractor's operations under th;s contract Coverage shall be on an
AAAO031S0
~'VISED lo/~2/e4 C] - 4
Insuranoe Requirements
Page $
"occurrence" basis, and the policy shall be issued by the same ~nsurance
company that carries the contractor's liability insurance Policy limits w~ll 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 ~s not provided or ~s
unava,lable 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
Profess,onal liability ~nsurance with limits not less than per claim
with respect to negligent acts, errors or omissions m connection w~th
professional serv,ces 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 include as "Named Insured" the C,ty of
Denton and all subcontractors as the,r interests may appear
[ ] Additional Insurance
Other insurance may be required on an ~nd~wdual basis for extra hazardous
contracts and specific serwce agreements If such additional ~nsurance ~s
required for a specific contract, that requirement w~ll be described m the
"Specific Conditions" of the contract spec,flcations.
AAAO0350
I~'VI*~£D 10112/84 CI ' 5
Insurance Requirements
Page 6
ATTACHMENT I
Worker's Compensation Coverage for Building or Construction Projects for
Governmental Entitles
A. Definitions:
Certificate of coverage ("certlficate")-A copy of a certificate of insurance,
a certificate of authority to self-insure ~ssued by the commission, or a
coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84),
showing statutory workers' compensation ~nsurance coverage for the
person's or enflty's employees providing services on a project, for the
duration of the project.
Duration of the project - Includes the time from the beg~nn,ng 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 entitles performing all or part of the services the
contractor has undertaken to perform on the project, regardless of whether
that person contracted directly w~th the contractor and regardless of
whether that person has employees. This ~ncludes, w~thout limitation,
independent contractors, subcontractors, leasing compames, motor
carriers, owner-operators, employees of any such ent;ty, or employees of
any entity which furnishes persons to prowde services on the project.
'Services" include, without limitation, prowding, hauhng, or delivering
equipment or materials, or prov,dlng labor, transportation, or other service
related to a project. "Services" does not include act;wries unrelated to the
project, such as food/beverage vendors, office supply dehverles, 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 requ,rements of Texas Labor Code,
Section 401.011 (~.~. } for all employees of the contractor providing serv;ces
on the project, for the duration of the project.
I'~VlSED ~0/12M4 el - 6
Insurance Requ.rements
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 w~th
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 beglnmng work on the
project, so the governmental entity w,II 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 ~n 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 not,ce, in the text, form and
manner prescnbed 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
7
Insurance Requirements
Page 8
I. The contractor shell contractually requ,re each person wcth whom ~t
contracts to provide services on a project, to:
(1) provide coverage, based on proper reporting of classcflcation 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 cs being
provided for all employees of the person provcdcng services on the
project, for the duration of the project,
(3) provcde 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 ct contracts, and provcde to
the contractor:
(a) a certlflcats of coverage, prior to the other person beg;nnmg
work on the project; and
(b) a new certificate of coverage showing extension of coverage,
prior to the end of the coverage penod, ~f the coverage penod
shown on the current certificate of coverage ends during the
duration of the project;
(5) retain all requ~rad certificates of coverage on f;le for the duration of
the project and for one year thereafter,
(6) notify the governmental entity ~n writing by certified mad or personal
delivery, within 10 days after the person knew or should have known,
of any change that materially affects the prov,scon of coverage of any
person provcdtng services on the project, and
AAA00360
REVISED 10112/94 Cl - 8
Insurance Requirements
Page 9
(7) contractually require each person w,th 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 contraotor who wdl 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, w~th
the commission's Division of Self-Insurance Regulation Providing false or
misleading information may subject the contractor to adm~n~strative
penalties, criminal penalties, civil penalties, or other ciwl actions.
K The contractor's failure to comply with any of these prov~mons 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
w~thln ten days after recmpt of not~ce of breach from the governmental
entity.
AAAOO3~O
~EVlSED ~o/~2/.4 CI - 9
SOUTHEAST DENTON SIDEWALKS BID TABULATION SHEET Work Days 311___._
Bid No
PO No
21 C?nh'-actorsWarrantmsandUnderstandln~s ILS ]$ 3496 55 /LSI$ 3496 55
Umt Pnce In Words Three Thousand Four Hundred Ninety Six and Fifty Five Cents*
3-A Remove Concrete Curb & Gutter ] 192 LF $ 5 00 /tF $ 960
00
Umt Pnce Ln Words Five and no cents*
3-B 4 $ 50 O0 /SY $ 200 O0
UmtPncelnWords Fifty and no cents*
$ 3496 55 /tS 3496 55
UmtPnceInWords Three Thousand Four Hundred Ninety Six and Fifty Five Cents*
Sod [ 10 LF $ 5.00 /tF $ 5O O0
Umt Pnce ha Words Five and no cents*
l0 7 1824 $ 1.00 /SY 1824 00
Unit Pnce In Words One and no cents*
12 $ /tF
Umt Pnce In Words
57-C 2" Asphalt Pavement (Type D, PatchMatl) 6 TON $ 100.0o /TOI~$ 600 oo
Unit Pnce In Words One Hundred and no cents*
1000 00
Unit Price In Word$ One Thousand and no cents*
6" Concrete Sidewalk I 30 SY $ 40 00 /SY $ 1200 00
Umt Pnc~ In Words Forty and no cents*
3A 4" Concrete Sidewalk wRh Flbermesh ] 1824 SY $ 31 5o /SY $57456 oo
Unlt Pnce In Words Thirty One and Fifty Cents*
7-A Retmmn Wall 201 10 00 /tF $ 2010 00
Umt Pnce In Words Ten and no cents*
7-B Toe Wall 150 10 00 /tF $ 1500 oo
Umt Pnce In Words Ten and no cents*
EFFECTIVE 6/8/98 P 3
SOUTHEAST DENTON SIDEWALKS BID TABULATION SHEET Work Days~
Bid No
PO No
Item Description Quantity Umt Price Total
12 Handrml 18 3o oo /LF 540 oo
Unit Price In Words Thirt and no cents*
14 Mmcellaneous Fence 500 oo /LS $ 50o
Umt Pnce In Words Five Hundred and no cents*
Concrete Saw Cut 72 2.00 /LF $ 144 oo
Umt Pnce In Words Two and no cents*
SP-27-A Adjust Water Semace and Meter Box [ 1 EA $ 10o.nn /EAI$ 100 O~
Unlt Price In Words One Hundred and no cents*
SP-27-B Adjust Sewer Service and S S Cleanout I 2 EA $ 300 00 ~A $ 600 00
Unit Pnce In Words Three Hundred and no cents*
SP-39 ProjeetS~m [ 2 EA [$ 2on-nn /EA $ aon.nn
U~t P~ce In Words ~o Hundred and no cents*
SP-43 Cut 30 6O 00
Unit Pnce In Words Two and no cents*
SP-45 Mtscellaneous Spnnkler System Ad)ustment lo0.00 100 00
Unit Price In Words One Hundred and no cents*
TOTAL $76,237 10'
EFFECTIVE 6/8/98 P 4
ALTERNATE # 1 BID TABULATION SHEET Work Days ~
BRADSHAW ST Bid No
PO No
21 {Contractors Warrantles and Understandm~s ' ILS I $ 750.05 /tS ~ $ 750 05
U~It Price Ill Words Seven Hundred Fifty and Five Cents*
Umt Pnce In Words Five and no cents*
3-B Remove Concrete Dnves 21 50 oo /SY 1050 oo
Umt Pnce In Words Fifty and no cents*
750 05 fl-~S 750 05
Umt Pnce In Words Seven Hundred Fifty and Five Cents*
Sod 10 5.00 ~LF $ 50 00
10 7 Hydromulch 320 1..00 $ 320 oo
Umt Pnce In Words One and no cents*
12 , Erosion Control $ /LF
Umt Pnce In Words
7-C D, Patch 1 $ lOO.oo $ lOO oo
Unit Pnce In Words One Hundred and no cents*
B~ncades, Wamm~ SI~.S and Detours I LS $
$ 500 00 /LS 500 oo
Umt Pnce In Words Five Hundred and no cents*
Dnvewa, 21 $ 40 00 $ 840 oo
Ur~t Price In Words Forty and no cents*
3A 4"ConcreteSldewaLkvathFlbennesh 320 $ 31 50 /SY $10080 oo
InWords One and Fifty Cents*
14 Mlscellaneous Fence $ 200 O0 /LS $ 200 00
U~lt PIlceIn Words Two Hundred and no cents*
EFFECTIVE 6/8/98 P 5
ALTERNATE # 1 BID TABULATION SHEET Work Days__~
BRADSHAW ST Bid No --
PO No
Item Desc Quantity Umt PHce Total
SP-2 Concreto Saw Cut 71 $ 2 oo /IF i 142 oo
Umt Price In Words ~wo and no cents*
SP-27-A ~erwco and Motor Box 2 $ 100 00 200 00
Umt Pnco In Words One Hundred and no cents*
I
Umt PncoIn Words Two Hundred and no cents*
2 400 oo
UmtPnceInWords T~o Hundred and no cents*
SP-43 31 2 oo /IF 62 oo
Umt Pnce In Words Two and no cents*
SP-45 Mmcellaneous Spnnlder System Ad)ustment[, LS[, $ 200 00 /IS $
200
oo
Unit Pnce In Words T~o Hundred and no cents*
$
TOTAL $16,359 10.
EFFECTIVE 6/8/98 P 6
BID SUMMARY
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
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 - i
BID SUMMARY
PROJECT WORK DAYS BID
1 Southeast Denton Sldewalk 90 $ 76,237 10
2 Alterate 1' BradshawStreetSldewalk ,~ $ 16,359 10
TOTAL 90 $ 76,237 10
ALTERNATIVE TOTAL 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 S~dewalk depending on
available fundmg. 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
B-2
mOOUCER I 11'118 OIIRTIFI~ATE IE 18SUED AS A MATTER OF INFORMA'nON ONLY AND
OONFER8 NO RIGHTB UPON 'I~E OERTIFICATB HOLDER. THIS OERllFICATE
DOES NOT AMEND, EXTEND OR ALTER THE DOVERAGE AFFORDED BY THE
RAMEy & KiNG INSURANCE ~ FOU¢IE$ BELOW
~o s. Last., Sum, A COMPANIES AFFORDING COVERAGE
co~,,aY A l'mvel~s ~ Co
co~,,~Y B Texa~ Workem Comp Fund
~ah.yc
Oalv~t Pllvlng ~
P O Box BE8 CG,,a~' D
Denton TE 7~---~-
co~,~Y E
¢SRI1FICATE MAY BE 18SUED DR MAy PERT~I~I "~IE INSIJRANCK N:~OROI~rt BY THE POUOIER DESOR~BED HEREIN IS SUI~;O*i' TO ALL THE
EXCLUSIONS ANO Oo~omoN8 OF 8U~CH POLIOIES LJMIT8 SHOWN MAY HAYS BEEN flEDUOED BY pAID CLAJMS ¥
* ~ u~aLnY PAOP74~WBE, M Q~/07~8 0~07/99 ' ~ ,~s~'~
OWNBT8 & ~ PROT EACH OOCUI~ENC~ $
X
A$ ADDmONAL INSURED
SHOULD ANY OF THE ABOVE DE~ORIBED POUCIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE 1$SUINGI COMPANY WILL ENOEAVOR TO
CITY OF DENTON MNL ~0 , DAYS WfllTI-cN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
~01B TEXAS ~1' lEi=T, BUT FAILURE TO MAIL SUCH NO'I1CE SHALL IMPOSE NO OBIJGATION OR
UABILIIY OF ANY KJND UPON THE COMPANY, ITS A(3ENT8 OR REPREBENTATIVES
DENTON TX 762O1