6576 EXECUTED CONTRACT Construction of Cooper Creek Interceptor I & II
Docusign City Council Transmittal Coversheet
File Name
Purchasing Contact
City Council Target Date
Contract Value
Piggy Back Option
Contract Expiration
Ordinance
DocuSign Envelope ID: 057C3787-9D12-4181-989A-28F6231B6452
12/5/2017
Rebecca Hunter
IFB
Construction of Cooper Creek Interceptor I & II
6576
$3,137,496.00
N/A
N/A
2017-377
Contract 6576
CONTRACT BY AND BETWEEN
CITY OF DENTON, TEXAS AND CONDIE CONSTRUCTION COMPANY, INC.
(IFB 6576)
STATE OF TEXAS
§ COUNTY OF DENTON §
THIS AGREEMENT, made and entered into this date ____________________, by and
between City of Denton of the County of Denton and State of Texas, acting through Todd
Hileman thereunto duly authorized so to do, hereinafter termed "OWNER," and CONDIE
CONSTRUCTION COMPANY, INC., 53 NORTH 1650 WEST, SPRINGVILLE, UT 84663 of
the City of Springville, County of Utah, and State of Utah, hereinafter termed
"CONTRACTOR."
WITNESSETH: That for and in consideration of the payments and agreements
hereinafter mentioned, to be made and performed by OWNER, and under the conditions
expressed in the bonds attached hereto, CONTRACTOR hereby agrees with OWNER to
commence and complete performance of the work specified below:
IFB #6576 – CONSTRUCTION OF COOPER CREEK INTERCEPTOR I & II
in the amount of Three Million, One Hundred Thirty-Seven, Four Hundred Ninety-Six and
00/100 Dollars ($3,137,496.00) and all extra work in connection therewith, under the terms as
stated in the General Conditions of the agreement; and at his (or their) own proper cost and
expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor,
insurance, and other accessories and services necessary to complete the work specified above, in
accordance with the conditions and prices stated in the Proposal and the Performance and
Payment Bonds, attached hereto, and in accordance with all the General Conditions of the
Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), and
Instructions to Bidders, as referenced herein and on file in the office of the Purchasing Agent,
and in accordance with the plans, which includes all maps, plats, blueprints, and other drawings
and printed or written explanatory matter thereof, and the Specifications therefore, as prepared
by:
City of Denton
all of which are referenced herein and made a part hereof and collectively evidence and
constitute the entire contract.
INDEPENDENT STATUS/NO JOINT VENTURE
It is mutually understood and agreed by and between City and Contractor that Contractor
is an independent contractor and shall not be deemed to be or considered an employee of the City
of Denton, Texas, for the purposes of income tax, withholding, social security taxes, vacation or
sick leave benefits, worker's compensation, or any other City employee benefit. City shall not
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Contract 6576
have supervision and control of Contractor or any employee of Contractor, and it is expressly
understood that Contractor shall perform the services hereunder according to the attached
specifications at the general direction of the City Manager of the City of Denton, Texas, or his
designee under this agreement.
Further, nothing in this Agreement shall be construed or interpreted to make OWNER
and CONTRACTOR partners or joint venturers, or to make one an agent or representative of the
other.
INDEMNIFICATION
CONTRACTOR COVENANTS AND AGREES TO AND DOES HEREBY
INDEMNIFY, HOLD HARMLESS AND DEFEND, AT ITS OWN EXPENSE, OWNER,
ITS OFFICERS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND
ALL CLAIMS OR SUITS FOR PROPERTY LOSS OR DAMAGE AND/OR PERSONAL
INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER
KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF THE
WORK AND SERVICES TO BE PERFORMED HEREUNDER BY CONTRACTOR, ITS
OFFICERS, AGENTS, EMPLOYEES, SUBCONTRACTORS, LICENSEES OR
INVITEES, WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY THE
ALLEGED NEGLIGENCE OF THE OFFICERS, SERVANTS, OR EMPLOYEES OF
THE OWNER. CONTRACTOR LIKEWISE COVENANTS AND AGREES TO, AND
DOES HEREBY INDEMNIFY AND HOLD HARMLESS OWNER DURING THE
PERFORMANCE OF ANY OF THE TERMS AND CONDITIONS OF THIS
CONTRACT, WHETHER ARISING OUT OF IN WHOLE OR IN PART, ANY AND
ALL ALLEGED ACTS OR OMISSIONS OF OFFICERS, SERVANTS, OR
EMPLOYEES OF THE OWNER. THE PROVISIONS OF THIS PARAGRAPH ARE
SOLELY FOR THE BENEFIT OF THE PARTIES HERETO AND NOT INTENDED TO
CREATE OR GRANT ANY RIGHTS, CONTRACTUAL OR OTHERWISE, TO ANY
OTHER PERSON OR ENTITY.
CHOICE OF LAW AND VENUE
This agreement shall be governed by the law of the State of Texas and venue for its
construction and enforcement shall lie in the courts of Denton County, Texas.
The CONTRACTOR hereby agrees to commence work on or after the date established
for the start of work as set forth in written notice to commence work and complete all work
within the time stated in the Proposal, subject to such extensions of time as are provided by the
General and Special Conditions.
The OWNER agrees to pay the CONTRACTOR in current funds the price or prices
shown in the Proposal, which forms a part of this contract, such payments to be subject to the
General and Special Conditions of the Contract.
RIGHT TO AUDIT
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Contract 6576
The OWNER shall have the right to audit and make copies of the books, records and
computations pertaining to this agreement. The CONTRACTOR shall retain such books,
records, documents and other evidence pertaining to this agreement during the contract period
and five years thereafter, except if an audit is in progress or audit findings are yet unresolved, in
which case records shall be kept until all audit tasks are completed and resolved. These books,
records, documents and other evidence shall be available within 10 business days of written
request. Further, the CONTRACTOR shall also require all Subcontractors, material suppliers,
and other payees to retain all books, records, documents and other evidence pertaining to this
agreement, and to allow the OWNER similar access to those documents. All books and records
will be made available within a 50 mile radius of the City of Denton. The cost of the audit will
be borne by the OWNER unless the audit reveals an overpayment of 1% or greater. If an
overpayment of 1% or greater occurs, the reasonable cost of the audit, including any travel costs,
must be borne by the CONTRACTOR which must be payable within five business days of
receipt of an invoice.
Failure to comply with the provisions of this section shall be a material breach of this
contract and shall constitute, in the OWNER’S sole discretion, grounds for termination thereof.
Each of the terms "books", "records", "documents" and "other evidence," as used above, shall be
construed to include drafts and electronic files, even if such drafts or electronic files are
subsequently used to generate or prepare a final printed document.
PAYMENT AND PERFORMANCE BONDS
Contractor will be required to furnish original performance and payment bonds for one hundred
(100%) percent of the total submission price before work is to commence. The Contractor shall
assume all costs in increasing the bond limits if change orders are formally approved. Bonds
shall be in accordance with the V.T.C.A Government Code Section 2253.021, as amended, from
a surety licensed to do business in the State of Texas.
Bond forms are attached and shall be returned upon notice of contract award by the City. Bonds
should be forwarded to the City of Denton within fourteen (14) calendar days from contract
award. This contract is not fully executed until payment and performance bonds are received and
accepted by the City. Upon approval, a purchase order will be issued.
LIQUIDATED DAMAGES
The time of the completion of construction of the project is of the essence of the contract.
Should the Contractor neglect, refuse, or fail to complete the construction within the time agreed
upon, after giving effect to extensions of time, if any, herein provided, then, in that event and in
view of the difficulty of estimating with exactness damages caused by such delay, OWNER shall
have the right to deduct from and retain out of such money which may be then due or which may
become due and payable to the Contractor the sum of FIVE HUNDRED and no/100 DOLLARS
($500.00) per day for each and every day, including weekends, that such construction is delayed
on its completion beyond the specified time, as liquidated damages and not as a penalty. If the
amount due and to become due from OWNER to the Contractor is insufficient to pay in full any
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such liquidated damages, the Contractor shall pay to OWNER the amount necessary to effect
such payment in full. Provided, however, that OWNER shall promptly notify the Contractor in
writing of the manner in which the amount is retained, deducted, or claimed as liquidated
damages was computed. For computation of extensions of time, the Contractor shall provide
OWNER written notice of each day construction is delayed or prev ented, and the reason
therefore.
FORCE MAJEURE
OWNER and CONTRACTOR shall not be in default or otherwise liable for any delay in, or
failure of, performance under this Agreement if such delay or failure arises by any reason beyond
its reasonable control, including any act of God, any acts of the common enemy or terrorism, the
elements, earthquakes, floods, fires, epidemics, or riots. However, neither the lack of funds, nor
the lack of reasonably planning shall be deemed to be a reason beyond a party’s reasonable
control. The Parties will promptly inform and consult with each other as to any of the above
causes, which in their judgment may or could be the cause of a delay in the performance of this
Agreement, and each party shall use commercially reasonable best efforts to limit delays on its
part.
CONSTRUCTION ACCEPTANCE
Following initial construction, OWNER shall provide a written “Final Punch List” to
CONTRACTOR. CONTRACTOR shall acknowledge receipt of the Final Punch List and notify
OWNER, within five (5) business days, of any requirements CONTRACTOR deems
inconsistent with OWNER’s Standard Specifications. OWNER and CONTRACTOR shall strive
to agree on items to be included in the Final Punch List and any corrections shall be made at that
time. When the Final Punch List is complete for the entire project, a letter of acceptance will be
issued by OWNER. No deviations will be allowed unless approved in writing by OWNER.
SEVERABILITY
If any term or provision of this Agreement is held by a court to be illegal, invalid, or
unenforceable, the legality, validity, or enforcement of the remaining terms or provisions of this
Agreement shall not be affected thereby, and in lieu of each illegal, invalid, or unenforceable
term or provision there shall be added automatically to this Agreement a legal, valid, or
enforceable term or provision as similar as possible to the term or provision declared illegal,
invalid, or unenforceable.
ASSIGNABILITY
OWNER and CONTRACTOR agree that this Agreement may not be assigned without the prior
written consent of the other party due to the special covenants, nature, and subject matter of this
Agreement.
NO WAIVER
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Contract 6576
The failure of OWNER or CONTRACTOR to insist, on any occasion, upon strict performance of
any provision of this Agreement will not be considered to waive the obligations, rights, or duties
imposed upon the Parties. No waiver of any breach or violation of any term of this Agreement
shall be deemed or construed to constitute a waiver of any other breach or violation, whether
concurrent or subsequent, and whether of the same or of a different type of breach or violation.
EXHIBITS
All Exhibits to this Agreement are incorporated herewith by reference for all purposes, wherever
reference is made to the same.
NO THIRD-PARTY BENEFICIARIES
This Agreement is not intended to, and does not create rights, remedies, or benefits of any
character whatsoever in favor of any persons, corporations, associations, or entities other than the
Parties hereto and their permitted successors-in-interest; and the obligations herein undertaken
and assumed are solely for the use and benefit of the Parties, their permitted successors -in-
interest, and any permitted assigns pursuant to the terms and provisions of this Agreement.
PARAGRAPH HEADINGS AND CONSTRUCTION OF AGREEMENT
The descriptive headings of this various articles and sections of this Agreement have been
inserted for the convenience of reference only, and are to be afforded no significance in the
interpretation or construction of this Agreement, which shall not be construed either more or less
strongly against or for either Party.
By executing this Agreement below in conformance with Sec. 2270 of the Texas Government
Code, the Supplier verifies that the Supplier: (1) does not boycott Israel; and (2) will not boycott
Israel during the term of this Agreement.
IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year
and day first above written.
OWNER:
CITY OF DENTON
BY:
TODD HILEMAN
CITY MANAGER
CONTRACTOR:
CONDIE CONSTRUCTION COMPANY
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Contract 6576
BY: AUTHORIZED AGENT
NAME
TITLE
PHONE NUMBER
EMAIL ADDRESS
___________________________________
TEXAS ETHICS COMMISSION
CERTIFICATE NUMBER
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
________________________________
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
DocuSign Envelope ID: 057C3787-9D12-4181-989A-28F6231B6452
president
Ken@condieconstruction.com
8014893070
Ken Condie
2017-280936
Contract 6576
Certificate of Interested Parties Electronic Filing
In 2015, the Texas Legislature adopted House Bill 1295, which added section 2252.908 of the
Government Code. The law states that the City may not enter into this contract unless the
Contractor submits a disclosure of interested parties (Form 1295) to the City at the time the
Contractor submits the signed contract. The Texas Ethics Commission has adopted rules
requiring the business entity to file Form 1295 electronically with the Commission.
Contractor will be required to furnish an original notarized Certificate of Interest Parties
before the contract is awarded, in accordance with Government Code 2252.908.
The contractor shall:
1. Log onto the State Ethics Commission Website at :
https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm
2. Register utilizing the tutorial provided by the State
3. Print a copy of the completed Form 1295
4. Enter the Certificate Number on page 2 of this contract.
5. Sign and notarize the Form 1295
6. Email the notarized form to purchasing@cityofdenton.com with the contract number in the
subject line. (EX: Contract 1234 – Form 1295)
The City must acknowledge the receipt of the filed Form 1295 not later than the 30th day after
Council award. Once a Form 1295 is acknowledged, it will be posted to the Texas Ethics
Commission’s website within seven business days.
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Contract 6576
INSURANCE REQUIREMENTS AND
WORKERS’ COMPENSENTATION REQUIREMENTS
Upon contract execution, all insurance requirements shall become contractual obligations, which the
successful contractor shall have a duty to maintain throughout the course of this contract.
STANDARD PROVISIONS:
Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall
provide and maintain until the contracted work has been completed and accepted by the City of
Denton, Owner, the minimum insurance coverage as indicated hereinafter.
Contractor shall file with the Purchasing Department satisfactory certificates of insurance including
any applicable addendum or endorsements, containing the contract 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, Contractor shall not commence any work or deliver any
material until he or she receives notification that the contract has been accepted, approved, and signed
by the City of Denton.
All insurance policies proposed or obtained in satisfaction of these requirements shall comply with the
following general specifications, and shall be maintained in compliance with these general
specifications throughout the duration of the Contract, or longer, if so noted:
Each policy shall be issued by a company authorized to do business in the State of Texas with an
A.M. Best Company rating of at least A or better.
Any deductibles or self-insured retentions shall be declared in the proposal. If requested by the
City, the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect
to the City, its officials, agents, employees and volunteers; or, the contractor shall procure a bond
guaranteeing payment of losses and related investigations, claim administration and defense
expenses.
Liability policies shall be endorsed to provide the following:
Name as Additional Insured the City of Denton, its Officials, Agents, Employees and
volunteers.
That such insurance is primary to any other insurance available to the Additional Insured
with respect to claims covered under the policy and that this insurance applies separately
to each insured against whom claim is made or suit is brought. The inclusion of more
than one insured shall not operate to increase the insurer's limit of liability.
Cancellation: City requires 30 day written notice should any of the policies described on the
certificate be cancelled or materially changed before the expiration date.
Should any of the required insurance be provided under a claims made form, Contractor shall
maintain such coverage continuously throughout the term of this contract and, without lapse, for a
period of three years beyond the contract expiration, such that occurrences arising during the
contract term which give rise to claims made after expiration of the contract shall be covered.
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Should any of the required insurance be provided under a form of coverage that includes a
general annual aggregate limit providing for claims investigation or legal defense costs to be
included in the general annual aggregate limit, the Contractor shall either double the occurrence
limits or obtain Owners and Contractors Protective Liability Insurance.
Should any required insurance lapse during the contract term, requests for payments originating
after such lapse shall not be processed until the City receives satisfactory evidence of reinstated
coverage as required by this contract, effective as of the lapse date. If insurance is not reinstated,
City may, at its sole option, terminate this agreement effective on the date of the lapse.
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS:
All insurance policies proposed or obtained in satisfaction of this Contract shall additionally comply
with the following marked specifications, and shall be maintained in compliance with these additional
specifications throughout the duration of the Contract, or longer, if so noted:
[X] A. General Liability Insurance:
General Liability insurance with combined single limits of not less than $1,000,000.00 shall
be provided and maintained by the Contractor. The policy shall be written on an occurrence
basis either in a single policy or in a combination of underlying and umbrella or excess
policies.
If the Commercial General Liability form (ISO Form CG 0001 current edition) is used:
Coverage A shall include premises, operations, products, and completed operations,
independent contractors, contractual liability covering this contract and broad form
property damage coverage.
Coverage B shall include personal injury.
Coverage C, medical payments, is not required.
If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition
and ISO Form GL 0404) is used, it shall include at least:
Bodily injury and Property Damage Liability for premises, operations, products and
completed operations, independent contractors and property damage resulting from
explosion, collapse or underground (XCU) exposures.
Broad form contractual liability (preferably by endorsement) covering this contract,
personal injury liability and broad form property damage liability.
[X] Automobile Liability Insurance:
Contractor shall provide Commercial Automobile Liability insurance with Combined Single
Limits (CSL) of not less than $500,000 either in a single policy or in a combination of basic and
umbrella or excess policies. The policy will include bodily injury and property damage liability
arising out of the operation, maintenance and use of all automobiles and mobile equipment used
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in conjunction with this contract.
Satisfaction of the above requirement shall be in the form of a policy endorsement for:
any auto, or
all owned hired and non-owned autos.
[X] Workers’ Compensation Insurance
Contractor shall purchase and maintain Workers’ Compensation insurance which, in addition to
meeting the minimum statutory requirements for issuance of such insurance, has Employer's
Liability limits of at least $100,000 for each accident, $100,000 per each employee, and a
$500,000 policy limit for occupational disease. The City need not be named as an "Additional
Insured" but the insurer shall agree to waive all rights of subrogation against the City, its officials,
agents, employees and volunteers for any work performed for the City by the Named Insured.
For building or construction projects, the Contractor shall comply with the provisions of
Attachment 1 in accordance with §406.096 of the Texas Labor Code and rule 28TAC 110.110 of
the Texas Workers’ Compensation Commission (TWCC).
[ ] Owner's and Contractor's Protective Liability Insurance
The Contractor shall obtain, pay for and maintain at all times during the prosecution of the work
under this contract, an Owner's and Contractor's Protective Liability insurance policy naming the
City as insured for property damage and bodily injury which may arise in the prosecution of the
work or Contractor's operations under this contract. Coverage shall be on an “occurrence" basis
and the policy shall be issued by the same insurance company that carries the Contractor's
liability insurance. Policy limits will be at least $500,000.00 combined bodily injury and
property damage per occurrence with a $1,000,000.00 aggregate.
[ ] Fire Damage Legal Liability Insurance
Coverage is required if Broad form General Liability is not provided or is unavailable to the
contractor or if a contractor leases or rents a portion of a City building. Limits of not less than
each occurrence are required.
[ ] Professional Liability Insurance
Professional liability insurance with limits not less than $1,000,000.00 per claim with respect to
negligent acts, errors or omissions in connection with professional services is required under this
Agreement.
[ ] Builders' Risk Insurance
Builders' Risk Insurance, on an All-Risk form for 100% of the completed value shall be provided.
Such policy shall include as "Named Insured" the City of Denton and all subcontractors as their
interests may appear.
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ATTACHMENT 1
[X] Workers’ Compensation Coverage for Building or Construction Projects for
Governmental Entities
A. Definitions:
Certificate of coverage ("certificate")-A copy of a certificate of insurance, a
certificate of authority to self-insure issued by the commission, or a coverage
agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory
workers' compensation insurance coverage for the person's or entity's employees
providing services on a project, for the duration of the project.
Duration of the project - includes the time from the beginning of the work on the
project until the contractor's/person's work on the project has been completed and
accepted by the governmental entity.
Persons providing services on the project ("subcontractor" in §406.096) - includes all
persons or entities performing all or part of the services the contractor has
undertaken to perform on the project, regardless of whether that person contracted
directly with the contractor and regardless of whether that person has employees.
This includes, without limitation, independent contractors, subcontractors, leasing
companies, motor carriers, owner-operators, employees of any such entity, or
employees of any entity which furnishes persons to provide services on the project.
"Services" include, without limitation, providing, hauling, or delivering equipment or
materials, or providing labor, transportation, or other service related to a project.
"Services" does not include activities unrelated to the project, such as food/beverage
vendors, office supply deliveries, and delivery of portable toilets.
B. The contractor shall provide coverage, based on proper reporting of classification
codes and payroll amounts and filing of any overage agreements, which meets the
statutory requirements of Texas Labor Code, Section 401.011(44) for all employees
of the Contractor providing services on the project, for the duration of the project.
C. The Contractor must provide a certificate of coverage to the governmental entity
prior to being awarded the contract.
D. If the coverage period shown on the contractor's current certificate of coverage ends
during the duration of the project, the contractor must, prior to the end of the
coverage period, file a new certificate of coverage with the governmental entity
showing that coverage has been extended.
E. The contractor shall obtain from each person providing services on a project, and
provide to the governmental entity:
1. a certificate of coverage, prior to that person beginning work on the project, so
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the governmental entity will have on file certificates of coverage showing
coverage for all persons providing services on the project; and
2. no later than seven days after receipt by the contractor, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of the project.
F. The contractor shall retain all required certificates of coverage for the duration of the
project and for one year thereafter.
G. The contractor shall notify the governmental entity in writing by certified mail or
personal delivery, within 10 days after the contractor knew or should have known, of
any change that materially affects the provision of coverage of any person providing
services on the project.
H. The contractor shall post on each project site a notice, in the text, form and manner
prescribed by the Texas Workers' Compensation Commission, informing all persons
providing services on the project that they are required to be covered, and stating
how a person may verify coverage and report lack of coverage.
I. The contractor shall contractually require each person with whom it contracts to
provide services on a project, to:
1. provide coverage, based on proper reporting of classification codes and payroll
amounts and filing of any coverage agreements, which meets the statutory
requirements of Texas Labor Code, Section 401.011(44) for all of its employees
providing services on the project, for the duration of the project;
2. provide to the contractor, prior to that person beginning work on the project, a
certificate of coverage showing that coverage is being provided for all employees
of the person providing services on the project, for the duration of the project;
3. provide the contractor, prior to the end of the coverage period, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of the project;
4. obtain from each other person with whom it contracts, and provide to the
contractor:
a. a certificate of coverage, prior to the other person beginning work on the
project; and
b. a new certificate of coverage showing extension of coverage, prior to the end
of the coverage period, if the coverage period shown on the current certificate
of coverage ends during the duration of the project;
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5. retain all required certificates of coverage on file for the duration of the project
and for one year thereafter;
6. notify the governmental entity in writing by certified mail or personal delivery,
within 10 days after the person knew or should have known, of any change that
materially affects the provision of coverage of any person providing services on
the project; and
7. Contractually require each person with whom it contracts, to perform as required
by paragraphs (1) - (7), with the certificates of coverage to be provided to the
person for whom they are providing services.
J. By signing this contract or providing or causing to be provided a certificate of
coverage, the contractor is representing to the governmental entity that all employees
of the contractor who will provide services on the project will be covered by
workers' compensation coverage for the duration of the project, that the coverage
will be based on proper reporting of classification codes and payroll amounts, and
that all coverage agreements will be filed with the appropriate insurance carrier or, in
the case of a self-insured, with the commission's Division of Self-Insurance
Regulation. Providing false or misleading information may subject the contractor to
administrative penalties, criminal penalties, civil penalties, or other civil actions.
K. The contractor’s failure to comply with any of these provisions is a breach of
contract by the contractor which entitles the governmental entity to declare the
contract void if the contractor does not remedy the breach within ten days after
receipt of notice of breach from the governmental entity.
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1373257.00
53 north 1650 west
Condie Construction Company
Springville Utah
3137496.00
Ken Condie
1764239.00
DocuSign Envelope ID: 057C3787-9D12-4181-989A-28F6231B6452
Certificate Of Completion
Envelope Id: 057C37879D124181989A28F6231B6452 Status: Completed
Subject: City Council Docusign Item - 6576 Construction of Cooper Creek Interceptor I & II
Source Envelope:
Document Pages: 21 Signatures: 5 Envelope Originator:
Certificate Pages: 6 Initials: 0 Rebecca Hunter
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
901B Texas Street
Denton, TX 76209
rebecca.hunter@cityofdenton.com
IP Address: 129.120.6.150
Record Tracking
Status: Original
11/8/2017 12:59:16 PM
Holder: Rebecca Hunter
rebecca.hunter@cityofdenton.com
Location: DocuSign
Signer Events Signature Timestamp
Rebecca Hunter
rebecca.hunter@cityofdenton.com
Assistant Purchasing Manager
City of Denton
Security Level: Email, Account Authentication
(Optional)
Completed
Using IP Address: 129.120.6.150
Sent: 11/8/2017 1:10:08 PM
Viewed: 11/8/2017 1:10:21 PM
Signed: 11/8/2017 1:12:12 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Ken Condie
Ken@condieconstruction.com
president
Condie Construction Company
Security Level: Email, Account Authentication
(Optional)
Using IP Address: 174.208.18.190
Sent: 11/8/2017 1:12:13 PM
Viewed: 11/8/2017 1:25:11 PM
Signed: 11/8/2017 1:33:21 PM
Electronic Record and Signature Disclosure:
Accepted: 11/8/2017 1:25:11 PM
ID: 77e4849e-3123-4470-822b-3afefd85d8d4
Jennifer DeCurtis
jennifer.decurtis@cityofdenton.com
Deputy City Attorney
City of Denton
Security Level: Email, Account Authentication
(Optional)
Using IP Address: 129.120.6.150
Sent: 11/8/2017 1:33:23 PM
Viewed: 11/8/2017 1:33:50 PM
Signed: 11/8/2017 1:33:57 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Julia Winkley
julia.winkley@cityofdenton.com
Contracts Administration Supervisor
City of Denton
Security Level: Email, Account Authentication
(Optional)
Completed
Using IP Address: 129.120.6.150
Sent: 11/8/2017 1:33:58 PM
Viewed: 11/8/2017 1:55:38 PM
Signed: 12/6/2017 1:00:31 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Signer Events Signature Timestamp
Todd Hileman
todd.hileman@cityofdenton.com
City Manager
City of Denton
Security Level: Email, Account Authentication
(Optional)
Using IP Address: 129.120.6.150
Sent: 12/6/2017 1:00:34 PM
Viewed: 12/6/2017 1:00:55 PM
Signed: 12/6/2017 1:01:02 PM
Electronic Record and Signature Disclosure:
Accepted: 7/25/2017 9:02:14 AM
ID: 57619fbf-2aec-4b1f-805d-6bd7d9966f21
Jennifer Walters
jennifer.walters@cityofdenton.com
City Secretary
City of Denton
Security Level: Email, Account Authentication
(Optional)
Using IP Address: 129.120.6.150
Sent: 12/6/2017 1:01:04 PM
Viewed: 12/7/2017 6:47:40 AM
Signed: 12/7/2017 6:49:15 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Brad Miller
brad@condieconstruction.com
Security Level: Email, Account Authentication
(Optional)
Sent: 11/8/2017 1:12:14 PM
Viewed: 12/7/2017 8:33:44 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Julia Winkley
julia.winkley@cityofdenton.com
Contracts Administration Supervisor
City of Denton
Security Level: Email, Account Authentication
(Optional)
Sent: 11/8/2017 1:33:23 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Sherri Thurman
sherri.thurman@cityofdenton.com
Security Level: Email, Account Authentication
(Optional)
Sent: 11/8/2017 1:33:23 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Jane Richardson
jane.richardson@cityofdenton.com
Assistant City Secretary
City of Denton
Security Level: Email, Account Authentication
(Optional)
Sent: 12/6/2017 1:00:33 PM
Electronic Record and Signature Disclosure:
Carbon Copy Events Status Timestamp
Not Offered via DocuSign
Robin Fox
Robin.fox@cityofdenton.com
Security Level: Email, Account Authentication
(Optional)
Sent: 12/6/2017 1:00:33 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Jennifer Bridges
jennifer.bridges@cityofdenton.com
Procurement Assistant
City of Denton
Security Level: Email, Account Authentication
(Optional)
Sent: 12/7/2017 6:49:16 AM
Viewed: 12/7/2017 12:50:33 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Jane Richardson
jane.richardson@cityofdenton.com
Assistant City Secretary
City of Denton
Security Level: Email, Account Authentication
(Optional)
Sent: 12/7/2017 6:49:17 AM
Viewed: 12/7/2017 7:16:09 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Annie Bunger
Annie.Bunger@cityofdenton.com
Security Level: Email, Account Authentication
(Optional)
Sent: 12/7/2017 6:49:18 AM
Viewed: 12/7/2017 7:15:49 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Jim Wilder
James.wilder@cityofdenton.com
Security Level: Email, Account Authentication
(Optional)
Sent: 12/7/2017 6:49:19 AM
Viewed: 12/7/2017 7:05:06 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 12/7/2017 6:49:19 AM
Certified Delivered Security Checked 12/7/2017 6:49:19 AM
Signing Complete Security Checked 12/7/2017 6:49:19 AM
Completed Security Checked 12/7/2017 6:49:19 AM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, City of Denton (we, us or Company) may be required by law to provide to
you certain written notices or disclosures. Described below are the terms and conditions for
providing to you such notices and disclosures electronically through your DocuSign, Inc.
(DocuSign) Express user account. Please read the information below carefully and thoroughly,
and if you can access this information electronically to your satisfaction and agree to these terms
and conditions, please confirm your agreement by clicking the 'I agree' button at the bottom of
this document.
Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available
electronically to you by us. For such copies, as long as you are an authorized user of the
DocuSign system you will have the ability to download and print any documents we send to you
through your DocuSign user account for a limited period of time (usually 30 days) after such
documents are first sent to you. After such time, if you wish for us to send you paper copies of
any such documents from our office to you, you will be charged a $0.00 per-page fee. You may
request delivery of such paper copies from us by following the procedure described below.
Withdrawing your consent
If you decide to receive notices and disclosures from us electronically, you may at any time
change your mind and tell us that thereafter you want to receive required notices and disclosures
only in paper format. How you must inform us of your decision to receive future notices and
disclosure in paper format and withdraw your consent to receive notices and disclosures
electronically is described below.
Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the
speed at which we can complete certain steps in transactions with you and delivering services to
you because we will need first to send the required notices or disclosures to you in paper format,
and then wait until we receive back from you your acknowledgment of your receipt of such
paper notices or disclosures. To indicate to us that you are changing your mind, you must
withdraw your consent using the DocuSign 'Withdraw Consent' form on the signing page of your
DocuSign account. This will indicate to us that you have withdrawn your consent to receive
required notices and disclosures electronically from us and you will no longer be able to use your
DocuSign Express user account to receive required notices and consents electronically from us
or to sign electronically documents from us.
All notices and disclosures will be sent to you electronically
Unless you tell us otherwise in accordance with the procedures described herein, we will provide
electronically to you through your DocuSign user account all required notices, disclosures,
authorizations, acknowledgements, and other documents that are required to be provided or
made available to you during the course of our relationship with you. To reduce the chance of
you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required
notices and disclosures to you by the same method and to the same address that you have given
us. Thus, you can receive all the disclosures and notices electronically or in paper format through
the paper mail delivery system. If you do not agree with this process, please let us know as
described below. Please also see the paragraph immediately above that describes the
consequences of your electing not to receive delivery of the notices and disclosures
electronically from us.
Electronic Record and Signature Disclosure created on: 7/21/2017 1:59:03 PM
Parties agreed to: Ken Condie, Todd Hileman
How to contact City of Denton:
You may contact us to let us know of your changes as to how we may contact you electronically,
to request paper copies of certain information from us, and to withdraw your prior consent to
receive notices and disclosures electronically as follows:
To contact us by email send messages to: purchasing@cityofdenton.com
To advise City of Denton of your new e-mail address
To let us know of a change in your e-mail address where we should send notices and disclosures
electronically to you, you must send an email message to us at melissa.kraft@cityofdenton.com
and in the body of such request you must state: your previous e-mail address, your new e-mail
address. We do not require any other information from you to change your email address..
In addition, you must notify DocuSign, Inc to arrange for your new email address to be reflected
in your DocuSign account by following the process for changing e-mail in DocuSign.
To request paper copies from City of Denton
To request delivery from us of paper copies of the notices and disclosures previously provided
by us to you electronically, you must send us an e-mail to purchasing@cityofdenton.com and in
the body of such request you must state your e-mail address, full name, US Postal address, and
telephone number. We will bill you for any fees at that time, if any.
To withdraw your consent with City of Denton
To inform us that you no longer want to receive future notices and disclosures in electronic
format you may:
i. decline to sign a document from within your DocuSign account, and on the subsequent
page, select the check-box indicating you wish to withdraw your consent, or you may;
ii. send us an e-mail to purchasing@cityofdenton.com and in the body of such request you
must state your e-mail, full name, IS Postal Address, telephone number, and account
number. We do not need any other information from you to withdraw consent.. The
consequences of your withdrawing consent for online documents will be that transactions
may take a longer time to process..
Required hardware and software
Operating Systems: Windows2000? or WindowsXP?
Browsers (for SENDERS): Internet Explorer 6.0? or above
Browsers (for SIGNERS): Internet Explorer 6.0?, Mozilla FireFox 1.0,
NetScape 7.2 (or above)
Email: Access to a valid email account
Screen Resolution: 800 x 600 minimum
Enabled Security Settings:
•Allow per session cookies
•Users accessing the internet behind a Proxy
Server must enable HTTP 1.1 settings via
proxy connection
** These minimum requirements are subject to change. If these requirements change, we will
provide you with an email message at the email address we have on file for you at that time
providing you with the revised hardware and software requirements, at which time you will
have the right to withdraw your consent.
Acknowledging your access and consent to receive materials electronically
To confirm to us that you can access this information electronically, which will be similar to
other electronic notices and disclosures that we will provide to you, please verify that you
were able to read this electronic disclosure and that you also were able to print on paper or
electronically save this page for your future reference and access or that you were able to
e-mail this disclosure and consent to an address where you will be able to print on paper or
save it for your future reference and access. Further, if you consent to receiving notices and
disclosures exclusively in electronic format on the terms and conditions described above,
please let us know by clicking the 'I agree' button below.
By checking the 'I Agree' box, I confirm that:
• I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF
ELECTRONIC RECORD AND SIGNATURE DISCLOSURES document; and
• I can print on paper the disclosure or save or send the disclosure to a place where I can
print it, for future reference and access; and
• Until or unless I notify City of Denton as described above, I consent to receive from
exclusively through electronic means all notices, disclosures, authorizations,
acknowledgements, and other documents that are required to be provided or made
available to me by City of Denton during the course of my relationship with you.