1998-279 O INANCE NO 74
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD
OF A PUBLIC WORKS CONTRACT FOR CONSTRUCTION OF PECAN CREEK 30 INCH
SANITARY SEWER CROSSING, PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFOR, AND PROVIDING AN EFFECTIVE DATE (BID # 2257 PECAN CREEK SEWER
CROSSING AWARDED TO CALVERT PAVING IN THE AMOUNT OF $61,309 60)
WHEREAS, the Caty has sohcated, receaved and tabulated competmve bids for the
constmctaon ofpubhc works or amprovements m accordance wath the procedures of STATE law and
City ordinances, and
WHEREAS, the Caty Manager or a demgnated employee has receaved and recommended that
the herean described bads are the lowest responmble bads for the constructaon of the pubhc works or
improvements deacnbed an the bid mvatataon, bad proposals and plans and spemficataons therem,
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
~ That the following competatave bads for the constmctaon ofpubhc works or
improvements, as described m the "Bad Inwtataons", "B~d Proposals" or plans and spemficat~ons on
file an the Office of the Caty's Purchasing Agent filed accordang to the bid number asmgned hereto,
are hereby accepted and approved as being the lowest responmble bads
BID
2257 CALVERT PAVING $ 61,309.60
~ That the acceptance and approval of the above competatave bads shall not
constitute a contract between the Caty and the person submattmg the bad for constructaon of such
pubhc works or amprovements hereto accepted and approved, untd such person shall comply wath
all reqmrements specffied m the Notme to Badders ancluthng the nmely execution of a written
contract and ftmushmg of performance and payment bonds, and ansurance certificate after
notfficataon of the award of the b~d
~ That the Caty Manager m hereby authorized to execute all necessary written
contracts for the performance of the constmetaon of the pubhc works or improvements in accordance
with the bads accepted and approved herem, provaded that such contracts are made in accordance
with the Notme to Badders and Bad Proposals, and documents relatang thereto spemf,fing the terms,
condat~ons, plans and spemficataons, standards, quantataes and specified sums contmned therein
SECTION IV That upon acceptance and approval of the above competitive bids and the
execution ~f contracts for the publ, c works and xmprovements as authorized herein, the City Council
hereby aufnonzes the expenchture of funds in the manner and in the mount as specxfied in such
approved bids and anthonzed contracts executed pursuant thereto
~ That tins ordinance shall become effective xmmechately upon its passage and
approval
PASSED AND APPROVED this the ff,~"-~--~ day of_~_.~-~998
JA~
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
2257 PECAN CREEK SEWER CROSSING CONTRACT ORDINANCE
ATTACHMENT # 1
TABULATION SHEET
BID # 2257
Calvert Bowles Radlch
BID NAME PECAN CREEK SEWER CROSSING Paving Const Const
DATE 20.Aug-98
I TOTAL BID PRICE $6t ,309 60 $72,700 00 $118,645 00
3
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 anthor~zed 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 m conslderatlon of the paymems and agreemems
hereinafter mentmned, to be made and performed by OWNER, and under the condmons
expressed m the bonds attached hereto, CONTRACTOR hereby agrees with OWNER to
commence and complete performance of the work specified below
BID # 2257 - PECAN CREEK SEWER CROSSING
m the amount of $61,309.60 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 furmsh all materials, supphes, machinery, equipment, tools, superintendence.
labor, insurance, and other accessories and services necessary to complete the work specified
above, m accordance with the eondtt~ons and prices stated m the Proposal attached hereto, and
in accordance w~th all the General Cond~Uons of the Agreement, the Special Condmons, the
Notice to B~dders (Advertisement for Bids). Instructions to Bidders, 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 drawmgs and
printed or written explanatory matter thereof, and the Specdicatlons therefore, as prepared by
ENGINEERING AND TRANSPORTATION
all of wbach are made a part hereof and collectively evidence and consutute the entute 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 C~ty 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 accordmg to the attached specifications at the general direction of the City Manager
of the City of Denton, Texas, or bas designee under this agreement
Indemnification
Contractor shall and does hereby agree to mdenmify and hold harmless the City of
Denton from any and all damages, loss, or liability of any hnd whatsoever, by reason of injury
to property or third persons occasioned by any error, omission or negligent act of Contractor,
its officers, agents, employees, mvltees, 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 clatms 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 lle 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 tune stated in the Proposal, subJeCt to such extensions of tune 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 Condtuons of the Contract
CA - 2
IN WITNESS WHEREOF, the part~es of these presents have executed thru agreement
~n the year and day f~rst above written
ATTEST ~
CITY 0~ 131~NITCIN
(SEAL)
ATTEST
CONT~CTOR
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
CA - 3
PE~O~~ BOND
Bo~d No. 1366~03
STATE OF TI~C~,.S §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS That CALVERT PAVING, whose
address ~s P.O. BOX 2~8, DENTON, TX 7~.02, beremafler called Pnnctpal, and
Amwest Suret}~ Insurance Co~)any , a corporation or~_am-~4 and
ex~sttng under ~he laws of ~he State of TEXA~, and fully authorized to transact business m the
State of Texas, as Surety, are held and firmly bound unto the City of Denton, a mmuctpal
corporatton organl=ed and existing under the laws of the State of Texas, hereinafter called
Owner, m the penal sum of SIXTY ONE THOUSAND TH]~'-1~. HUNDI/Iil. I) NINE and
~0/100 DOLLARS ($61,309.~0) plus ten percent of the stated penal sum as an adchlaon-l sum
of money represenlmg addiUonsl court expenses, attorneys' fees, and hqmdated ,t,~m.ges
arising out of or counected vath the below idenufied Contract, m lawful money of the Umt~i
States, to be paid m Denton Co~mty, Texas, fur the payment of winch sum well and truly to be
made, we hereby brad ourselves, our beirs, executors, admma.~Uators, successors, and asmgns,
jointly and severally, firmly by these presents This Bond shall automatically be increased by
the amount of any Change Order or Supplemental Agreement winch increases the Contract
price, but m no event shall a Change Order or Supplemental Agreement which reduces the
Contract price decrease the penal sum of tins Bond
THE OBLIGATION TO PAY SAME is conditioned as follows Whereas, the Principal
entered mW a certain Contract, Ident~fied by Ordinance Number 98-279, with the City of
Denton, the Owner, dated the 15 day of S~ER A.D. 1995, a copy of winch ts hereto
attached and made a pan hereof, for BID # 22~7 - PECAN CREEK SEWER CROSSING.
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill
all of the undertalangs, covenants, terms, condittons and agreements of said Contract m
accordance with the Plans, Specifications and Contract Documents during the original term
thereof and any extensxon thereof winch may be granted by the Owner, with or without not~ce
to the Surety, and durmg the hfe of any guaranty or warranty required under this Contract, and
shall also well and truly perform and fulfill all the undertakings, covenants, terms, conchtions
and agreements of any and all duly authorized modifications of said Contract that may
hereafter be made, not]ce of winch modifications to the Surety being hereby waived, and, if the
Principal shall repair and/or replace all defects due to faulty materials and workmansinp that
appear w~thm a period of one (1) year from the date of final completion and final accept, nee of
the Work by the Owner, and, if the Principal shall fully mdemmf'y and save harmless the
Owner from all costs and damages winch Owner may suffer by reason of failure to so perform
berem and shall fully reunburse and repay Owner all outlay and expense which the Owner may
recur m making good any default or deficxency, then this obligation shall be void, otherwise, it
shall remain m full force and effect
PB - 1
PROVIDED FURTHER. that If any legal acuon be filed upon tim Bond, exclusive
venue shall he m Denton County, State of Texas
AND PROVIDED FURTHER, that the smd Surety, for value received, hereby
stipulates and agrees that no change, extension of tune, alterauon or addmon to the terms of
the Contract, or to the Work to be performed thereunder, or to the Plans, Specdicauons,
Drawmgs, etc, accompanymg the same, shall m anywise affect its obhgauon on tins Bond,
and It does hereby watve noUce of any such change, extension of tune, alterauon or addmon to
the terms of the Contract, or to the Work to be performed thereunder, or to the Plans,
SpecificaUons, Drawmgs, etc
Tim Bond ts given pursuant to the prowslons 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 is hereby designated by the Surety berem as the
Resident Agent m Denton County to whom any requtslte notices may be dehvered and on
whom serwce of process may be had m matters ansmg out of such suretysinp, as provided by
Amcle 7 19-I of the Insurance Code, Vernon's ~nnotated Civil Statutes of the State of Texas
IN WITNESS WHEREOF, th~a instrument is executed m 4 copies, each one of winch
shall be deemed an orlgmal, th:s the 15 day of SEPTEMBER 1998.
ATTEST PRINCIPAL
~ ' ' Calvert Paving Corporation
SECRET~RY BY ~-d"" ~
PRESIDENT
ATTEST SURETY
BY
ATTORNEY-IN-FACT Debble Smith
The Restdent Agent of the Surety m Denton County, Texas for delivery of notice and service
of the process is
NAME William D. Baldwin
STREET ADDRESS 1201 Kas Or , Ste B, Richardson, TX 75081
(NOTE Date of Performance Bond must be date of Contract If Restdent Agent ts not a
corporatton, gtve a person's name )
PB - 2
PAYlV[ENT BOND
~ond No. ~366703
STATE OF T]~AS §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS That CALVERT PAVING, whose
address is P.O. BOX 268 DENTON, TX, 76202, herem~ft~ called Principal, and
AmWe~; ~grety Insurance Co. any , a corporaUon orgsmy~i and
exlstmg under the laws of the State of TEXA~, and fully authorized to transact business m the
State of Texas, as Surety, are held and firmly bound unto the City of Denton, a mumc]pai
corporation orgamzed and eyastmff under the laws of the State of Texas, hereinafter called
Owner, and unto all person*, firm~, and corporauons who may furmsh materufls for, or
perform labor upon, the building or ~mprovements hereinafter referred to, m the penal sum of
SIXTY ONE THOUSAND TH]~..~ HUNDI~rl NINE 00/100 DOLLARS ($61,309.60) m
lawful money of thc Umted States, to be pard m Denton, County, Texas, for the payment of
winch sum weU and truly to be made, we hereby brad ourselves, our he,rs, executors,
administrators, successors, and assigns, jointly and severally, firmly by these presents Tins
Bond shall automaucally be increased by the amount of any Chznge Order or Supplemental
Agreement winch increases the Contract price, but m no event shall a Change Order or
Supplemental Agreement winch reduces the Contract price decrease the penal sum of tins
Bond
THE OBLIGATION TO PAY SAME is conditioned as follows Whereas, the Principal
entered mto a certain Contract, identified by Ordln~nce N-tuber 98-279, with the City of
Denton, thc Owner, dated the 15 day of S~ER A.D. 1998, a copy of winch is hereto
attached and made a part hereof, for B]]) # 2257 - PECAN CREEK SEVtrER CROSSING.
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties
and make prompt payment to all persons, firms, subcontractors, corporations and clannants
supplying labor and/or material m the prosecuuon of the Work provided for in smd Contract
and any and all duly authorized modifications of sa~d Contract that may hereafter be made,
notice of winch modlficauons to the Surety being hereby expressly waived, then tins obligation
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 time, altcrauon or addlUOn 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 mnc, alteration or addition to
the terms of the Contract, or to the Work to be performed thereunder, or to the Plans,
Specifications, Drawings, crc
PB - $
Tlus Bond Is given pursuant to the provisions of Chapter 2253 of the Texas
Government Code, as emended, and any other applicable statutes of the State of Texas
The undersigned and des)~,nnted agent IS hereby designated by the Surety herem as the
Resident Agent m Denton County to whom any reqmslte nouces may be delivered and on
whom service of process may be had m matters arlsmg out of such suretyship, as provided by
Amcle 7 19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas
IN WITNESS WHEREOF, flus mstrument is executed m 4 copies, each one of which
shall be deemed an ongmal, this the 15 day of Si~PTEM~ER, 1998.
ATTEST PRINCIPAL
BY
SEC TA ' /
PRESIDENT
ATTEST SURETY
ATTORNEY-IN-FACT Oebbie Smith
The ResldentAgent of the Surety m Denton County, Texas for delivery of notice and service
of the process is
NAME William O. Baldwin
STPJ~ET ADDRESS 1201 Kas Drive, 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 )
22~4 CONTRACT& BOND~
PB - 4
LIMITED POWER OF ATTORNEY
Amwest Surety Insurance Company
Far West Insurance Company
Expiration Date. 09/17/00 POWER NUMBER 0000933160
Th~s document ts pnnted onlwthtc paper contammg the artificial watermarked logo ( ~ ) of Amwest Surety Insurance Company on the front and brown security paper
on the hack Only unaltcrlld orlglanla of thc Limited Power of Attorney ("PEA') are vahd This PeA may not be used tn conjunctmn ,xqth any other PeA No
representations or warranties regarding this PeA may be made by any person This PeA ts governed by the laws of the State of Nebraska and 15 only vahd until the
expiration date Amwest Surety Insurance Company and Far West Insurance Company (collectively the "Company") shall not be habit on any hmlted PeA which Is
fraudulently produced, forg{Id or otherwise dt ~tr thutcd w~thout the permission of the Company Any party concerned about the vahd~ty of this PeA or an accompanymg
Company bond should call your local Amwest branch office at (972) 503-6925
KNOW ALL BY THESE PRESENT that Amwest Surety Insurance Company, e Nebraska corporation and Far West Insurance Company, a Nebraska corporation
(collectively the "Company '), do hereby make constitute and appomt
Suzanne C Baldwin
William D Baldwin
Cindy Fowler
Debble Smith
Mtahael B Hill
As Employees of BALDWIN INS AND BONDING AGENCY
tta U'ue and lawful Attormiy-m fact, with Itrcated 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 ts required on bonds,,undertakmg$, re¢ogntzances, remsurance agr~ment for a Miller Act or other performance bond or other written obhgattons tn the nature thereof
as follows
All Bonds up to $10,000,000 00
and to brad the company thereby This appomtmant ts made under and by authority of the By Laws of the Company whmh are now m full force and effect
1, the undersigned secretary of Arnwest Surety Insurance Company, a Nebraska corporatmn and Far West Insurance Company a Nebraska corporatmn DO HEREBY
CERTIFY that this Power of Attorney rcmams tn full force and effect and has not been revoked and furthermore that the resotatmns 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
tn full force and effect
BondNo 1366703 Stgned&sealcdthts ISth dayof. September 19 98
Karen G Cohen Secretary
* * * * * * * * * * * * * * * * * RESOLUTIONS OF THE BOARD OF DIRECTORS * * * * * * * * * * * * * * * * * * ** * * * * * * *
This PeA ts 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 meetmg duly beld on December 1 $, 1975 and Far West Insurance Company at a meetmg du}y held on July 28 1983
RESOLVED, that the President or any Vice President, tn conjunction with the Secretary or any Assistant Secretary may appoint attorneys in tact or agents with
authority as defined or hrmted tn the mstmment evldencmg tho appointment tn each case for and on behalf of the Company to execute and dehver and affix the seal of the
Company to bonds, undertakings, recognizances and suretyship obhgntlons of all kmds and said officers may remove any such attorney in fact or agent and revoke any PeA
previously gxanted to such rson
RESOLVED F ~RTI~ER, that any bond undertakm8 rceo~tzance, or suretysfup obhgatlon shall be vahd and brad upon the Company
(0 when slgmid by the PreaMant or any Vice President and attceted and sealed 0 f a seal be required) by any Secretary or Assistant Secretary or
(n) when signed by the President or any Vice President or Secretary or Assistant Secretary and countersigned and sealed (if a seal be reqmred) by a duly
authorized attorney tn fact or agent, or
0n) when duly executed and sealed (if a seal be required) by one or more attorneys ~n fact or agents pursuant to and w~thln the lrnats of the authority
evidenced by thc power of attorney issued by the Company to such person or persons
RESOLVED FURTHER, that thc signature of any autbortzed officer and the seal of the Company may be affixed by facsimile to any PeA or certmficaUon thereof
authonmng the execution and delivery of any bond, undertakmg, re¢ogmzance, or other suretyship obhganons of Ibc Company, and such signature and seal when so used shall
have the same force and effect as though manually affixed
IN WITNESS WHEREOF, Amwcst Surety Insurance Company and Far West Insurance Company have caused these present to be signed by ~ta propec officers and tis
corporate seals to be hereunto affixed this 12th de.December, 19_~
~ Karea G Cohen Secretary
State of Cahforn~a
County of Los Angeles
On December 12, 1997 before me, Peggy B Lotlon Notary Pubh¢, p~rsonally appeared John E Savage and Karen O Cohen personally known to me (or proved to me
on the hasps of saUstactory o,ndence) to ha the p~rson(s) whose name{s) ts/are subscabed to the withm mstrument and acknowledged to mo all that be/she/they executed the
same in his/her/their aufuonzed capacity(tee), and that by h~sffier/thctr signature(s) on the mstmment the person(s) or the en'flty upon behalf of which the person(s) acted,
..... ,, ,, 15230 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 obtatn ~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 premium or about a clmm, you should contact
the company first I£the dispute m not resolved, you may contact the Texas Department
of Insurance
ATTACH THIS NOTICE TO YOUR POLICY
This notice ~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 sttention is direotsd to the lasurenoe requirements below. It is highly
reaommended that biddem confer with their raspemJve insurance carriers or brokers
to determine in advanae af Bid submission the availability of Insurance certificates
and endorsements as prescribed and provided herein. If an apparent Iow bidder fails
to comply strictly with the insuranae requirements, that bidder may be disqualified
from award of the contract. Upon bid award, all insurance requirements shail
besoms aontractuai obligations which the suaoessfui bidder shall have · duty tc
maintain throughout the ooume 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 w,th the
Purchasing Department satisfactory certificates of insurance, containing 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 bid
opening, since the insurance requ,rements may not be modified or waived after bid
opening unfees a written exception has been submitted w,th the bid Contractor shall
not commence any work or deliver any mstenai until he or she receives notification
that the contract has been accepted, approved, and signed by the City of Denton.
All insurance policies proposed or obtained in satisfaction of these requirements shall
comply with the following general specifications, and shall be maintained in
compliance with these general specifications throughout the duration of the Contract,
or longer, if so noted.
· Each policy shall be issued by a company authorized to do business in the
State of Texas with an A M. Best Company rating of at least A
· Any deductibles or self-insured retentions shall be declared in the bid
proposal. If requested by the City, the ~nsurer shall reduce or eliminate
such deductibles or self-insured retentions with respect to the City, its
officials, agents, employees and volunteers; or, the contractor shall procure
a bond guarantaslng payment of losses and related ~nvestlgstlons, claim
administration and defense expenses.
AAAO03110
RE¥1SED I0/t2/94 Cl - 1
Insurance Requ~ramems
Page 2
officials, agents, employees and volunteers; or, the contractor shall procure
a bond guaranteeing paymen! of losses and related Investlgstfons, c!a.m
administration and defense expenses.
· Liability pollciea shall be endorsed to provide the following:
ee Name as additional Insured the City cf Denton, Its Officials, AgenTs,
Employees and volunteers.
ee That such Insurance is primary to any other Insurance available to
additional Insured with respect to claims ccverad under the policy an
that this Insurance applies separately to each insured against whom
claim la 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 wnt~en notice
of cancellation, non-renewal or reduction In coverage.
· Should any of the required Insurance be provided under a clmms-made
form, Contractor shall maintain such coverage continuously throughout
term of this contTact 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 ~ha contract shall
be covered.
· Should ~ny of the required Insurance be provided under a fo.m cf coverage
that Includes e 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 Con~ractore Protective Uablllty Insurance.
· Should any required Insurance lapse dunng the contract term, requests for
payments cril;tnating after such lapse shall not be processed umll the City
receives sstisfactory 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.
AA~O3WO
P. EV~"ED ~0.2~4 CI - 2
Insurance Requirements
Page 3
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS:
All Insurance policies proposed or obtained ~n satisfaction of th~s Contract sha J
additionally comply with the following marked specifications, and shall be mmntamec
in compliance with these additional specifications throughout the duraaon of the
Contract, or longer, if so noted:
IX] A General Uability Insurance:
General laab,lity Insurance w~th combined s~ngle limits of not less than
~ shall be provided and malnta,nsd by the contractor The policy
shall be written on an occurrence barns either ~n a single policy or in a
combination of underlying and umbrella or excess policies.
If the Commercial General bab,hty form (150 Form CG 0001 current
edition) IS used:
· Coverage A shall include premises, operations, products, anc
completed operations, Independent contractors, contractual hab,i~ty
covering this contract and broad form property damage coverage
· Coverage B shall include personal injury
· Coverage C, medical payments, ~s not requ,red
If the Comprehensive General hab~hty form (ISO Form GL 0002 Current
Edition and ISO Form GL 0404} ~s used, It shall include at least'
· Bodily injury and Property Damage haelllty for premises,
operations, products and completed operations, independent
contractors and property damage resulting from explosion, collapse
or underground (XCU) exposures.
· Broad form contractual IlablhW (preferably by endorsement)
covering this contract, personal ~njury liability and broad form
property damage habll~ty.
IX] Automobile Uability Insurance:
Contractor shall provide Commercial Automobile hab~llty Insurance with
Combined $~ngle limits (CSL) of not less than ~ either In a s~ngle
policy or In a combination of basic and umbrella or excess policies. The policy
will include bodily injury and property damage liability arising out of the
AAA003~0
REWSED ~0/~2/94 C] - 3
Insurance Requirements
Page 4
operation, maintenance and uae of all automobiles and mobile equJpmen= use=.
~n conjunction w~th this contract.
Satisfaction of the above requirement shall be ~n the form of a pol~c,,
endorsement for:
· any auto, or
· all owned, hired and non-owned autos.
tX] Workers Compensation Insurance
Contractor shall purchase and maintain Worker's Compensation insurance
which, ~n addition to meeting the minimum statutory requirements for issuance
of such Jnaurenca, has Employer's I ,ability limits of at least $100,000 for each
accident, $100,000 per each employee, and a $500,000 policy limit for
occupstlOnai disease. The City need not be named as an "Additional Insured"
but the ~naurer shall agree to waive all rights of subrogation agmnst the C4t~/,
~ts officials, agents, employees and volunteers for any work performed for the
C~ty by the Named Insured. For building or construction projects, the
Contractor shall comply with the provisions of Attachment 1 Jn accordance
w~th §408 096 of the Texas Labor Code and rule 28TAC 110.110 of the
Texas Worker's Compensation Commission (T~/VCC).
[ ] Owner'e and Contractor's Protective Uability 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 Uabihty insurance policy nam;rig the City as ~nsured for property
damage and bodily ~njury which may arise ~n 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 insurance
company that carries the contractor's liability insurance Pohcy limits w,II be at
least oOmblned bodily Injury and property damage per occurrence
with a aggregate.
Fire Damage Legal Uabiiity Insurance
Coverage ~a required if Broad form General Iaab;lJty ;s not provided or
unavailable to the contractor or ;fa contractor leases or rents a portion of
City building. Umlts of not less than each occurrence are required
AAAO031~O
REVI~ED 10/12/94 C] - 4
Insurance Requirements
Page 5
[ ] Professional Uabiilty Insurance
Profesmonal liability fnaurance with limits not less than per claim
w~th respect to negligent acts, errors or omissions ~n connection w~th
profesmona! services fa required under this Agreement.
[ ] Builders' Risk Insursnae
Builders' Risk Inaurance, on an Ali-Risk form for 100% of the completed value
shall be prowded. Such policy shall fnclude as "Named Insured" the City of
Denton and ell subcontractors as their fntereats may appear.
[ ] Additional Insuranae
Other ,naurance may be required on an ,ndlvfdua/ basis for extra hazardous
contracts and specific service agreements. If such additional fnaurance ~s
required for a specific contract, that requirement will be described ~n the
"Specific Conditions" of the contract specifications.
AAAO03S0
REVJSED 10112/94 C l - 5
Insurance Requ,rements
Page B
ATTACHMENT 1
IX] Worker's Compensation Coverage for Building or Construction Projects for
Governmental Entitles
A. Definitions:
CertJ,flcste of_coverage ("certlflcste")-A copy of a certificate of Insurance, a
certmcste of authonty to self-insure ,asued by the commission, or a
coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84),
showing statutory workers' ~ompenaatlon ,naurance coverage for the
person's or entlty's employees providing services on a project, for the
duration of the project.
Duration of the project - includes tho time from the baglnmng of the work
on the project until the contractor'a/peraon'swork on the project has been
oomplsted and accepted by the governmental entity.
Persons prowding services on the project ("subcontractor" in §406.096) -
includes all persons or entities performing all or part of the services the
oontrector has undertaken to pe~form on the project, regardless of whether
that person contracted direm~y with the contractor end regardless of
whether that person has employees. This includes, w,thout limitation,
Independent contractors, subcontractors, leasing compamea, motor
carriers, owner-operetors, employees of any such entity, or employees of
any entity which fumishes persons to prowde services on the project
"Services" Include, without limrtatlon, providing, hauling, or dellvenng
equipment or mstenaia, or providing labor, transportation, or other service
related to a project. 'Services" does not include actiwfles unrelated to the
project, such aa food/beverage vendors, office supply deliveries, and
delivery of portable toilets.
B. The contractor shall prowde 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 empJoyees of the contractor prowdmg services
on the project, for the duration of the project
C. The Contractor must provide a certificate of coverage to the governmental
entity prior to being awarded the corm'act.
D. If the coverage perfod 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.
AAA003150
,Ev.sED ~o,~g4 CI - 6
Insurance Requirements
Page 7
E. The contractor shall obtain from each parson providing services on a
project, and provide to the governmental entity:
(1) a certificate of coverage, pnor to that person beginning work on the
project, so the governmental enaty 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
dunng the duration of the project.
F The contractor shall rattan all required certificates of coverage for the
duration of the project and for one year thereafter
G. The contractor shall not~fy the governmental entity ~n writing by certified
mall or personal delivery, within 10 days after the contractor knew or
should have known, of any change that materially affects the prowslon of
coverage of any person providing services on the prolect.
H. The contractor shall post on each project s~te a notice, in the text, form
and manner prescribed by the Texas Workers' Compensation Commission,
Informing all persons providing services on the project that they are
required to be covered, and stating how a person may verify coverage and
report lack of coverage
I. The contractor shall contractually require each person with whom ~t
contracts to provide services on a project, to'
(1) provide coverage, based on proper reporting of classification codes
and payroll amounts and ~,ng of any coverage agreements, which
meets the statutory reqtaraments of Texas Labor Code, Section
401.011(44) for all of ~t. 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 camflcate of coverage showing that coverage ia 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 penod, a new
A~AO0$10
Insurance Requirements
Page 8
certificate of coverage showing extension of coverage. If the
coverage penod shown on the current cemflcate of coverage ends
during the duration of the project;
(4) obtain from each other person with whom ,t contracts, and provide to
the contractor:
(a) a certificate of coverage, prior to the other person begmn,ng
work on the project; and
(b) a new certificate of coverage showing extension of coverage.
pr, or to the end of the coverage per,od. ~f the coverage period
shown on the current cemflcate of coverage ands 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 ,n writing by certified mall or persona!
del,very, 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 aerY, cea on the project; and
(7) contractually require each person with whom ,t contracts, to perform
as required by paragraphs (1) - (7). w,th the certificates of coverage
to be provided to the person for whom they are providing services.
J. By slgmng this contract or pro.ding or causing to be provided a certificate
of coverage, the con[rector ,s representing to the governmental entity th Jr
all employees of the contractor who will prowde 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 w,th the appropriate insurance carner or. ,n the case of a self-
insured, w,th the commmmon's Division of Self-Insurance Regulation.
Providing false or m,sleadlng reformation may subject the contractor to
administrative penalties, criminal penalties, civ, i 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 ~f the contractor does not remedy the breach
within ten days after receipt of notice of breach from the governmental
entity.
A~AOO3BO
,EWSED ~0/~2~g4 C] - 8
BID SUMMARY
TOTAL BID PRICE IN WORDS *Sixty One Thousand Three Hundred Nine
and Sixty Cents*
In the event of ~he award of a con~rac~ ko ~ha undersiqnsd,
~aran~ee
p~eR~ fo~ ~11 ~aW~UA ~ ~or A~v
furnished ~ ~e fulfil~en= of ~e
accepted, wnen =UAA~ oompAe=eu aha z~nA~u~ --. .
plans and specifica~ions, ~o ~e sa=isfa~ion of ~e ~g2neer.
The undersigned cavities ~at ~8 bid prices contained in ~Ls
proposal have been carefully ~ecked ~d are s~it=ed as correc:
and final.
Unit and l~p-s~ prices as sho~ for each i~ lis=ed
proposal, shall control over e~ensions.
Calvert Pavtn~ Corporation
CONT~CTOR ~
BY ~ ~
E.D. Calvert
~.0. Box 268
b=ree= Address
Denton,TX 76202
City and Stare
Seal a Au~oriza2ion
(If a Co.ora=ion}
Telephone
B - i
Pecan Creek BID TABULATION SHEET Work Days 30 ,
30" Samtary Sawer Crossing Bid No
PO No
121 ]ContractorsWarrantmsandUnderstandm~[s ILS 15 2786.80 /LS $ 2786 80
Unit Prlc¢ III Words Two Thousand Seven Hundred Eighty Six and Eighty Cents*
12-A 30" Samtar~ Sewer - Ductile Iron 28 LF $ 150.00/LF $ 4200 oo
Umt Pnce ha Words One Hundred Fifty and no cents*
212-B 130" Samtary Sewer - Ductile Iron, Tape Coated ] 120 LF [$ 200 00/LF $ 24000 00
Unit Price In Words Two Hundred and no cents*
Unit PrlC¢ ha Words Two Thousand Seven Hundred Eighty Six and Eighty Cents*
3 [Unclassified Excavat,on . I 20 CY $ 10 00 /CY $ 200 00
Unit Price In Words Ten and no cents*
7 [ Fill I 5 10.00 50 00
Unit Pnce ha Wor& Ten and no cents*
107 ~ :43 2 00 /SY 266 00
Umt Price ha Words Two and no cents*
12 Temporar), Erosion Comml . t ' lOOO oo ~ooo oo
Umt Price In Words One Thousand and no cents*
6-A InitallConcrctcManhole(6'I.D) ] 4 EA $ 3000.00 /EA$ 12000 00
Umt Price In Words Three Thousand and no cents*
1 IBamcades, WammgSlgnsandDetours ] ILS $ 500.00 ~.~S[$ 500 00
UnltPncelnWords Five Hundred and no cents*
Rock Excavation 50 $ 1 oo 50 oo
Ulllt PriCE ha Words One and no cents*
150 1 oo 150 oo
Unit Puce In Words Ona and no cents*
8P-39 1 200.00 200 00
Unit Pnc¢ In Words Two Hundred and no cents*
7/22/98 P 3
Pecan Creek BID TABULATION SHEET Work Days 30
30" Sanitary Sewer Crossing Bid No
PO No
SP-40 Cut and Plug Emst, ng Samtary Sower 2 { EA [ $ 500 00/EA[ $ 1000 oo
Umt Pnce In Words Five Hundred and no cents*
SP-49 30" Abandoned Samtary Sewer 138 20.00/LF $ 2760 00
Unit Pnce In Words Twenty and no cents*
SP--70 C~llular Interlocking Pavers I 156 SY $ 60.00/SY $ 936o oo
Unit Pnce In Words sixty and no cents'~
$
$
TOTAL 309 60*
7/23/98 P 4
mOOCCe~ THIS OERTIFICATE I$ 18SUED AS A MATrER OF INFORUA'IION ONLY AND
OONFBR$ NO RIGHT8 UPON THE CERTIFICATE HOLDER THI$ CERTIFICATE
DOE$ NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
RAMEy A KING INSURANCE POUCIB$ BELOW
m 8, WE, Su~ A COMPANIES AFFORDING COVERAGE
co~w A Travelem Insurance Co,
c(~P~Y B Tex~ Workem Comp Fund
C.~P~'YC
Calve~ Pllvlng r..,oq)c~lUon
p o Box ~e~ c.o~,,~ D
COUPAHY E
GENE~J. LJ~q~mV PAOP?4~W~48 0~/07/98 0~07/89
A
~ u~nY CAPmK~M4 03/07/N~ 03/07/99
X
HOLDER 18 SHOWN A8 ADDmONAL INSURED
SHOULD ANY OF THE ABOVE DESCRIBED POUCIE8 BE CANCELLED BEFORE THE
EXPIRATION DATE ]HEREOF, THE ISSUING COMPANY WIII ENDEAVOR TO
MAIL ~0 DAYS WRITTEN NO,CE TO THE CERTIFICATE HOLDER NA~4ED TO THE
CITY OF DENTON
901B TEXAS 8T lEFT, BUT FAILURE TO MAIL SUCH NOTtCE SHAll IMPOSE NO OBUGATION OR
UAB U1Y OF ANY KIND UPON 'IHE COmpANY, ITS AGENTS OR REPRESENTATIVES
DENTON TX 7~01