HomeMy WebLinkAbout1998-123ORDINANCE NO .tia3
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD
OF A CONTRACT FOR PUBLIC WORKS ON IMPROVEMENTS FOR INSTALLATION OF
GABION STONE CHANNEL IMPROVEMENTS IN NORTH PECAN CREEK AND WILLOW
CREEK IN THE AMOUNT OF $208,080 00, PROVIDING FOR THE EXPENDITURE OF
FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE (BID # 2185 WILLOW
CREEK / GOOD SAMARITAN DRAINAGE, AWARDED TO DBR CONSTRUCTION IN THE
AMOUNT OF $208,080 00)
WHEREAS, the City has solicited, received and tabulated competitive bids for the
construction of public works or improvements in accordance with the procedures of STATE law and
City ordinances, and
WHEREAS, the City Manager or a designated employee has received and recommended that
the herein described bids are the lowest responsible bids for the construction of the public works or
improvements described in the bid invitation, bid proposals and plans and specifications therein,
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the following competitive bids for the construction of public works or
improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on
file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto,
are hereby accepted and approved as being the lowest responsible bids
BID
NUMBER CONTRACTOR AMOUNT
2185 DBR CONSTRUCTION $208,080 00
SECTION II That the acceptance and approval of the above competitive bids shall not
constitute a contract between the City and the person submitting the bid for construction of such
public works or improvements herein accepted and approved, until such person shall comply with
all requirements specified in the Notice to Bidders including the timely execution of a written
contract and furmshmg of performance and payment bonds, and insurance certificate after
notification of the award of the bid
SECTION III That the City Manager is hereby authorized to execute all necessary written
contracts for the performance of the construction of the public works or improvements in accordance
with the bids accepted and approved herein, provided that such contracts are made in accordance
with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms,
conditions, plans and specifications, standards, quantities and specified sums contained therein
SECTION IV That upon acceptance and approval of the above competitive bids and the
execution of contracts for the public works and improvements as authorized herein, the City Council
hereby authorizes the expenditure of funds in the manner and in the amount as specified in such
approved bids and authorized contracts executed pursuant thereto
SECTION V That this ordinance shall become effective immediately upon its passage and
approval
PASSED AND APPROVED this the day of f/ 1998
JACK WER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
2185 CONTRACT ORDINANCE
ATTACHMENT #1
TABULATION SHEET
BID #
BID NAME
DATE
2185
WILLOW CREEK DRAINAGE IMPRV &
SANITARY REPLACEMENT GOOD SAM
3117196
WILLOW CREEK DRAINAGE
MIKE
ALBERT INC
$131,476 00
CRAIG
OLDEN
$128,270 00
DBR
CONST
offimalum
$112,772 00
1
2
73
ALT 1
WILLOW CREEK SEWER REPLACEMENT
$82,471 00
$75,360 00
$41,217 00
GOOD SAMARITAN DRAINAGE
$47,813 00
$40,149 00
$38,08.7 00
TOTAL BID AWARD
$261,760 00
$243,779 00
$192,076 00
ALTERNATES
INCREASE TO 6"CONCRETE BOTTOM
(Willow Creek FROM 4"
$8,985 00
$6,585 00
$6,050 00
ALT 2
ADDITIONA CONCRETE FLUME MINOR CIRCLE
$14,292 00
$15,196 50
$9,954 00
BID BOND
YES
YES
YES
3
CONTRACT AGREEMENT
STATE OF TEXAS
COUNTY OF DENTON
THIS AGREEMENT, made and entered into this 12 day of MAY A.D., 1998, by
and between CITY OF DENTON of the County of DENTON and State of Texas, acting
through TED BENAVIDES thereunto duly authorized so to do, hereinafter termed
"OWNER," and
DBR CONSTRUCTION
2301 EIINKLE DRIVE
DENTON, TX 76201
of the City of DENTON County of DENTON and State of TEXAS, hereinafter termed
"CONTRACTOR"
WITNESSETH That for and in consideration of the payments and agreements
hereinafter mentioned, to be made and performed by OWNER, and under the conditions
expressed in the bonds attached hereto, CONTRACTOR hereby agrees with OWNER to
commence and complete performance of the work specified below
BID N 2185 — WILLOW CREEK/GOOD SAMARITAN DRAINAGE
in the amount of $2089080.00 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
attached hereto, and in accordance with all the General Conditions of the Agreement, the
Special Conditions, the Notice to Bidders (Advertisement for Bids), Instructions to Bidders,
and the Performance and Payment Bonds, all attached hereto, and in
CA - 1
accordance with the plans, which includes all maps, plats, blueprints, and other drawings and
printed or written explanatory matter thereof, and the Specifications therefore, as prepared by
ENGINEERING DEPARTMENT
all of which are made a part hereof and collectively evidence and constitute the entire contract
Independent Status
It is mutually understood and agreed by and between City and Contractor that
Contractor is an independent contractor and shall not be deemed to be or considered an
employee of the City of Denton, Texas, for the purposes of income tax, withholding, social
security taxes, vacation or sick leave benefits, worker's compensation, or any other City
employee benefit City shall not have supervision and control of Contractor or any employee
of Contractor, and it is expressly understood that Contractor shall perform the services
hereunder according to the attached specifications at the general direction of the City Manager
of the City of Denton, Texas, or his designee under this agreement
Indemnification
Contractor shall and does hereby agree to indemnify and hold harmless the City of
Denton from any and all damages, loss, or liability of any kind whatsoever, by reason of injury
to property or third persons occasioned by any error, omission or negligent act of Contractor,
its officers, agents, employees, invitees, and other persons for whom it is legally liable, with
regard to the performance of this Agreement, and Contractor will, at its cost and expense,
defend and protect the City of Denton against any and all such claims and demands
Choice of Law and Venue
This agreement shall be governed by the law of the State of Texas and venue for its
construction and enforcement shall lie in the courts of Denton County, Texas
The CONTRACTOR hereby agrees to commence work on or after the date established
for the start of work as set forth in written notice to commence work and complete all work
within the time stated in the Proposal, subject to such extensions of time as are provided by the
General and Special Conditions
The OWNER agrees to pay the CONTRACTOR in current funds the price or prices
shown in the Proposal, which forms a part of this contract, such payments to be subject to the
General and Special Conditions of the Contract
CA-2
IN WITNESS WHEREOF, the parties of these presents have executed this agreement
in the year and day first above written
ATTEST
APPROVED AS
CITY OF DENTON
OWNER
BY
4
CONTRACTOR /
MAILING ADDRESS
-PHONE NUMBER
CA-3
PRINTED NAISAE
(SEAL)
PROPOSAL
TO
C7 THE CITY OF DENTON, TEXAS
FOR THE CONSTRUCTION OF
1) WILLOW CREEK DRAINAGE IMPROVEMENTS AND
SANITARY SEWER REPLACEMENTS
2) GOOD SAMARITAN DRAINAGE IMPROVEMENTS
l�
DENTON, TEXAS
The undersigned, as bidder, declares that the only person or parties interested in this proposal
as principals are those named herein, that this proposal is made without collusion with any other
person, firm or corporation, that he has carefully examined the form of contract, Notice to
Bidders, specifications and the plans therein referred to, and has carefully examined the
locations, conditions, and classes of materials of the proposed work and agrees that he will
provide all the necessary labor, machinery, tools, apparatus, and other items incidental to
construction, and will do all the work and furnish all the materials called for in the contract and
specifications in the manner prescribed herein and according to the requirements of the City as
therein set forth
It is understood that the following quantities of work to be done at unit prices are approximate
only, and are intended principally to serve as a guide in evaluating bids
It is agreed that the quantities of work to be done at unit prices and material to be furnished may
be increased or diminished as may be considered necessary, in the opinion of the City, to
complete the work fully as planned and contemplated, and that all quantities of work whether
increased or decreased are to be performed at the unit prices set forth below except as provided
for in the specifications
It is further agreed that lump sum prices may be increased to cover additional work ordered by
the City, but not shown on the plans or required by the specifications, in accordance with the
provisions to the General Conditions Similarly, they may be decreased to cover deletion of
work so ordered
It is understood and agreed that the work is to be completed in full within the number of work
days shown on the bid tabulation sheet
P-1
Accompanying this proposal is a certified or cashier's check or Bid Bond, payable to the Owner,
in the amount of five percent of the total bid
It is understood that the bid security accompanying this proposal shall be returned to the bidder,
unless in case of the acceptance of the proposal, the bidder shall fail to execute a contract and
file a performance bond and a payment bond within fifteen days after its acceptance, in which
case the bid security shall become the property of the Owner, and shall be considered as a
payment for damages due to delay and other inconveniences suffered by the Owner on account
of such failure of the bidder Owner reserves the right to reject any and all bids Owner may
investigate the prior performance of bidder on other contracts, either public or private, in
evaluating bid proposals Should bidder alter, change, or qualify any specification of the bid,
Owner may automatically disqualify bidder
The undersigned hereby proposes and agrees to perform all work of whatever nature required,
in strict accordance with the plans and specifications, for the following sum or prices, to wit
P - 2
FRONT CITY OF DENTON FAX NO.4 1941134YI3U4
Willow Creek Drainage BID TABULATION SHEET
Jr ♦� sv _
Work Days_20_
Bid No
PO
Item
Aescr lion
Quanti Unit
Unrt Price
1 21
Contractors Warranties andUnderstandin s
- L 5
$4z20 oo'L S S 4
g1lar
Unit Pnce in Words
*Four Thousand Two Hundred Twent2
24-A
Gabion Mattress
1750 S Y $ 45 odSYS
Unit Pnce In Words
*PoYE Five Dollara*
3
Remove Concrete Florae
4 S Y $ 25 OOS Y iS 100 00
Unit Price In Words
*Twent Five Dollars*
3 1
Pre Aration of Ri bt of Way
L S $4z2o dL S $
Unit Price In Words
*Four Thousand Two pry Qn3larsl
3 3
Unclassified Excavation
49G C Y S off Y S
Unit Pnce In Words
*Ten Dollars*
21 C Y $ Y$ 2 i___ n on
37
Can acted Fill_
ce In Words
Unit Pnee
*n Do
*Ten1
200 S Y S 2 00/S Y IS 400 00
3 10 7
H dromulch
Unit Pnce In Words
o Dollars*
*Tw
L S $ 1000 04 g $ 1000 00
3 12
Tem orary Erosion Control
*One Thousand Dollars*
Unit Pnce In Words
L S S 1000 QQ S S l000 00
81
$amcades, Warnin Si and Detours
-
Unrt Pncc iri Words
*One Thousand Dollars*
L S $ 1000 OY1i, S S 1000 00
814
miscall aneous Fence
Unit Price IIl WOrdS
*One Thousand Dollars*
8 15-A
Concrete RI -Rap Channel 4"
600 S Y $ z7 ntR Y $16200 00
Unit Pr1Ce In Words
*Twenty Seven Dollars*
6 L F $ 2 o0L F S 12 00
Sp-2
Connote Saw Cut
Unit Price In Words
*Two Dollars*
50 C Y $ l0 OdC Y $ 500 00
SP-10
Rock Excavation
TTnIt Price In Words
*Ten Dollars*
REVISED 03-11-58
ADDENDUM #1 P 3
---------------------- ----------- - -- - -- - -
07-11-1
FRO 111 CITY OF DENTON FAX NO 1 19403497302 Work Days_-N -
,, �,,, , , BID TABULATION SHEET
FROM+ CITY OF DENTON FAX NO.1 19403497302
Willow Creek Drainage BID TABULATION SHEET
03-11-98 12150P P 04
Work Oays-20_,_-
Bid No -
PO
Pnoe In
REVISED 03-II-qS
ADDENDUM #1
P4
1 I EA IS 2oo.
*Two Hundred Dollars*
S 112.7
--- - ---------
FROM CITY 0F DENTON FAX NO 1 19403497302 03-11-3t' 1_ " P F
Willnw r mak 4nwar MIM reol 11 ArI^kl eucer Ulnry r)n"e 7n
FROMI CITY OF DENTON
W ilow Creek Sewer
Replacement
FAX NO.1 19403497302
BID TABULATION SHEET
03-11-36 1: 51P P
MIX Days-20_
Bid No
PO
Item
Deser tion
uanti
Untt
Unit -Price Frice
Total
121
Contractors Warranties and Understandings
L S
$1s26 off S
$ 1526 00
Unit Price In Words 20ne
Thousand Five Hundred Twen SJZ D '
2 12-A
I8" S=tmy Sewer
277 L F
$ 50 ooL F
S 13850 00
Unit Pnce In Words
Fiftv Dollars*
2 12-B
8" Sanitary Sewer
57
L F
$ 40 dL F
$2280.00
Unit Pnce In Words
*Fortv D
31
P oration of Ri&bt of Wa
L S
'
$ 1526 Oa S
1 $ 1526 00
*One Thousand Five Hundred Twenty Six Dol
Unit Pnce In Words
L S
$ 1000 00, g
$ 1000 00
3 12
Tem o Erosion Control
Unit Pnce In Words
*One Thousand Dollars*
2 EA
$2000 OQ$A
$ 4000 00
7 6 - B
5' Dro Manhole
Unit Pnce In Words
*moo Thousand Dollars*
4 EA
$200 A
$
7 6 - C
5' Manhole -
*Two Thousand Dollars*
Unit Pnce In Words
L S
$ 1000 Ojx $
$ 1000 00
8 I
Barricades, Wamirt Si sand Detours
Unit Pnco In Words
*One Thousand Dollars*
50 C Y
$ 10 0C Y
$ 500 00
SP-10
Rock Excavation
Urut Price In Words
*Ten Dollars*
120 L F
$ 5 001E F
$ 600 00
SP-37
Excavation Protection
Unit Pnce In Words
*Five Dollars*
SP-40
Cut and Piu Eatistin Satlit Sewer
7 EA
$ 500 oo /EA S 3500 00
Unit Price In Words
*Five Hundred Dollars*
SP-49
Remove Existm Sanit Sewer Pie
387 L F
$ 5 oolL F $ 1935 00
Unit Price In Words
*Five Dollars*
1 EA
$ soo 0o fEA S 500 00
WS-27
Remove Manhole
*Five Hundred Dollars*
Unite Price In Words
REVISED o3- rl 9S
ADDENDUM #1 P 5
a_
--- --- ----- - --
F
FAX NO 194034 Y 73302
FROM CITY O IDS"r'TSawaI LiIU IALiULAIIUNSMtstl Bid No
FROM+ C TY OF GENT N FAX NO ' l94 34 0
�Yuluw k, tltlK u4tlwtll k5l IHid LA N Htt I
Replacement
Break Into Existing Manhole 1 2
Umt Pnce In Words *Five
Words
Pnce In
REVISED 03-11-9'P
ADDENDUM #1
um
03-YUIK 1�-Q6 Ua�ryl
1+_41P LUP-0
Bid No
PO
A IS 500 0o/EA IS l000 oo
Dollars*
$ / is
c 41,217 0(
----------_-- -- -_-
Fp% NO 194034973
FROM� CITY OF DENTON
02 i'
FROMI CITY OF DENTON FAX NO 1 19403497302 03-11-98 l: 5:P P .
Good
Samaritan Work Days,15—
nBid No — --
REVISED 63-11-9d'
ADDENDUM #1 P'
--------------------------------
- --
---
FROM i CI-TY-OF-DENTON FAX NO 19403497302
u3-IS-
RO t P 9 03-11-98 12133P � P 0E
Good Samaritan work Day* _l5
I'1ro (n cnu Imnrm amanta Bid No
REVISED 03
ADDENDUM #1 P 8
FPONI CITY OF DEI4TON FAX NO 19403497302
FROMi CITY OF DENTON
FAX NO 19403497302 - 03-11-98 12 53P P 09
Willow Creek Drainage
Alternate 91
BID TASULAMON SWEET Work Days,20_
Bid No,
PO No
Item DesciiRdon
Qua]
Unit U tit Price
I Total
8 15-B Concrete Rip -Rai) Channel 6"
600
S Y, IS 36 OOS Y
$ 21600 00
U It Price In Words
*Thirt Six Dollars*
33 Unclassified Excavation
- 561
1 C Y
$ 10.0� Y
17 1611 00
Unit?nee In Words
*Ten Dollars*
Idiom$
I
S
Ulut Price In Words
TCiTAL
$ 27,210 00*
REVISED 03- //-9d'
ADDENDUM #1
P9
-
-----------------------------
--------- ----- ---
FROM � CI-TY ---
OF GENTON
FAX NO 19403497302 03-lt-+: - SaP F ��'
FROM+ CITY OF DENTON FAX NO 1 19403497302 03-11-98 12154F P Ic
Willow Creek Drainage
Xtemate #2
BID TABULATION SHEET
Work Days,_,_20_
Bid No,
PO
Item
I Descri tion
uand
nitI
Unjt Price
Total
SP-42•A
Romove Concrete Flume 6"
108
5Y
$
15 . oo ISY
$
1620 00
UWt Price It1 Words
*Fifteen Dolllars*
SP-42.'E
R lace Concrete Flume 6"
-225
1 Sy
$
s6.o01SY
$
8100 00
Unit PnCe In Words*Thirt
Six Dol
Concrete, Saw Cut
a
L F
IS
/L.F,
$
SP-2
Unit Price In Words
*Two Doll
*
3 10 7
H dromulch
113
S Y
$
2. oo �gy
g
226 00
U 't Pnce In Words
*Two Dollars*
TOTAL
REVISED 0,3•//-5V
ADDENDUM #1 P 10
BID SUMMARY
BASE
PROJECT
WORK DAYS
BID
1 Willow Creek Drainage
20
$ 112,772 00
2 Willow Creek Sewer Replacement
20
$ 41,217 00
3 Good Samaritan Drainage
15
$ 38,087 00
TOTAL
55
$ 192,076 00
ALTERNATE
PROJECT
WORK DAYS
BID
Alt 1
6" Concrete Bottom (Willow Creek)
N/A
$ 27,210 00
Alt 2
Additional Concrete Flume
(Minor Circle)
10
$ 9,954 00
All three portions of this project will be awarded to one contractor Award of the bid will be based on
the base total Willow Creek Drainage, Willow Creek Sewer Replacement, and Good Samaritan
Drainage are being separated for bookkeeping purposes only Total work days for the project will be
enforced Days will not be kept separately on each section of the project Bids on alternates will not be
considered in determining the lowest responsible bidder
B - 2
•n
TOTAL BID PRICE IN WORDS *One Hundred Ninety Two Thousand Seventy Six
Dollars and Zero 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
DBR Construction Company,Inc.
CONTRACTOR
M.
Don Richards
2301 Hinkle Dr.
Street Address
Denton,TX 76201
City and State
Seal & Authorization
(If a Corporation) 940/383-3007
Telephone
I
BOND B%BCUT® IN POUR (4) ORIGINALS
STATE OF TEXAS §
COUNTY OF DENTON §
PERFORMANCE BOND BOND NO. 733654
BOND PREMIUM EASED ON
FINAL CONTRACT PRICE
KNOW ALL MEN BY THESE PRESENTS That DBR CONSTRUCTION, whose
address is 2301 HINKLE DR., DENTON, TX 76201, hereinafter called Principal, and
Capitol Indemnity Corporation , a corporation organized and
existing under the laws of the State of WISCONSIN, and fully authorized to transact business
in the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a
municipal corporation organized and existing under the laws of the State of Texas, hereinafter
called Owner, in the penal sum of TWO HUNDRED EIGHT THOUSAND AND EIGHTY
and no/100 DOLLARS ($ 208,080.00) plus ten percent of the stated penal sum as an
additional sum of money representing additional court expenses, attorneys' fees, and liquidated
damages arismg out of or connected with the below identified Contract, in lawful money of the
United States, to be paid in Denton County, Texas, for the payment of which sum well and
truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors,
and assigns, jointly and severally, firmly by these presents This Bond shall automatically be
increased by the amount of any Change Order or Supplemental Agreement which increases the
Contract price, but in no event shall a Change Order or Supplemental Agreement which
reduces the Contract price decrease the penal sum of this Bond
THE OBLIGATION TO PAY SAME is conditioned as follows Whereas, the
Principal entered into a certain Contract, identified by Ordinance Number 98-123, with the
City of Denton, the Owner, dated the 12 day of MAY A.D. 1998, a copy of which is hereto
attached and made a part hereof, for BID # 2185- WILLOW CREEK / GOOD
SAMARITAN DRAINAGE.
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill
all of the undertakings, covenants, terms, conditions and agreements of said Contract in
accordance with the Plans, Specifications and Contract Documents during the original term
thereof and any extension thereof which may be granted by the Owner, with or without notice
to the Surety, and during the life of any guaranty or warranty required under this Contract, and
shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions
and agreements of any and all duly authorized modifications of said Contract that may
hereafter be made, notice of which modifications to the Surety being hereby waived, and, if the
Principal shall repair and/or replace all defects due to faulty materials and workmanship that
appear within a period of one (1) year from the date of final completion and final acceptance of
the Work by the Owner, and, if the Principal shall fully indemnify and save harmless the
Owner from all costs and damages which Owner may suffer by reason of failure to so perform
herein and shall fully reimburse and repay Owner all outlay and expense which the Owner may
incur in making good any default or deficiency, then this obligation shall be void, otherwise, it
shall remain in full force and effect
U-W
PROVIDED FURTHER, that if any legal action be filed upon this Bond, exclusive
venue shall lie in Denton County, State of Texas
AND PROVIDED FURTHER, that the said Surety, for value received, hereby
stipulates and agrees that no change, extension of time, alteration or addition to the terms of
the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications,
Drawings, etc , accompanying the same, shall in anywise affect its obligation on this Bond,
and it does hereby waive notice of any such change, extension of time, alteration or addition to
the terms of the Contract, or to the Work to be performed thereunder, or to the Plans,
Specifications, Drawings, etc
This Bond is given pursuant to the provisions of Chapter 2253 of the Texas
Government Code, as amended, and any other applicable statutes of the State of Texas
The undersigned and designated agent is hereby designated by the Surety herem as the
Resident Agent in Denton County to whom any requisite notices may be delivered and on
whom service of process may be had in matters arising out of such suretyship, as provided by
Article 7 19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas
IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of which
shall be deemed an original, this the 12 day of MAY 1998
ATTEST PRINCIPAL
DBR CONSTRUCTION 0"ANY1 .r18 .
BY
4S"TA4 BY _
Richards
ATTEST
SURETY
CAPITOL 1=12011TY CORPORATION
BY AT _T
w Y-I ACTI Kathy R. Zacharek
The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service
of the process is
NAME V. R. Damian, Jr., Surety Bond Connection Agency, lac
STREET ADDRESS 17774 Preston Road, Dallas, Tx 75252
(NOTE Date of Performance Bond must be date of Contract If Resident Agent is not a
corporation, give a person's name )
2185 CONTRACT & BOND
5 1498
BaM
BOND RUCUTO IN POUR (4) ORICiNUS
STATE OF TEXAS §
COUNTY OF DENTON §
PAYMENT BOND BOND NO 733654
BOND PREMIUM BASED ON
FINAL CONTRACT PRICE
KNOW ALL MEN BY THESE PRESENTS That DBR CONSTRUCTION, whose
address is 2301 HINKLE DRIVE, DENTON, TX 76201, hereinafter called Principal, and
Capitol Indemnity Corporation a corporation organized and
existing under the laws of the State of WISCONSIN, and fully authorized to transact business
in the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a
municipal corporation organized and existing under the laws of the State of Texas, hereinafter
called Owner, and unto all persons, firms, and corporations who may furnish materials for, or
perform labor upon, the building or improvements hereinafter referred to, in the penal sum of
TWO HUNDRED EIGHT THOUSAND AND EIGHTY and no/100 DOLLARS
($ 208,080.00) in lawful money of the United States, to be paid in Denton, County, Texas, for
the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs,
executors, administrators, successors, and assigns, jointly and severally, firmly by these
presents This Bond shall automatically be increased by the amount of any Change Order or
Supplemental Agreement which increases the Contract price, but in no event shall a Change
Order or Supplemental Agreement which reduces the Contract price decrease the penal sum of
this Bond
THE OBLIGATION TO PAY SAME is conditioned as follows Whereas, the Principal
entered into a certain Contract, identified by Ordinance Number 98-123, with the City of
Denton, the Owner, dated the 12 day of MAY A.D. 1998, a copy of which is hereto attached
and made a part hereof, for BID # 2185- WILLOW CREEK / GOOD SAMARITAN
DRAINAGE.
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties
and make prompt payment to all persons, firms, subcontractors, corporations and claimants
supplying labor and/or material in the prosecution of the Work provided for in said Contract
and any and all duly authorized modifications of said Contract that may hereafter be made,
notice of which modifications to the Surety being hereby expressly waived, then this obligation
shall be void, otherwise it shall remain in full force and effect
PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive venue
shall lie in Denton County, Texas
AND PROVIDED FURTHER, that the said Surety, for value received, hereby
stipulates and agrees that no change, extension of time, alteration or addition to the terms of
the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications,
Drawings, etc , accompanying the same, shall in anywise affect its obligation on this Bond,
and it does hereby waive notice of any such change, extension of time, alteration or addition to
the terms of the Contract, or to the Work to be performed thereunder, or to the Plans,
Specifications, Drawings, etc
m7m
This Bond is given pursuant to the provisions of Chapter 2253 of the Texas
Government Code, as amended, and any other applicable statutes of the State of Texas
The undersigned and designated agent is hereby designated by the Surety herein as the
Resident Agent in Denton County to whom any requisite notices may be delivered and on
whom service of process may be had in matters arismg out of such suretyship, as provided by
Article 7 19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas
IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of which
shall be deemed an original, this the 12 day of MAY, 1995.
ATTEST PRINCIPAL
DBR CONSTRUMON CONPANY
BY pg
_
E T BY
D Don Richards
ATTEST
SURETY
CAPITOL IIIDBNNITY CDRPORATION
BY
er BY
AT OR Y-I -FACT / Kathy R Zacharek
The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service
of the process is
NAME V.R. Damian, Jr., surety Bond Connection Agency, Inc.
STREET ADDRESS
17774 Preston Road, Dallas, Tx 75252
(NOTE Date of Payment Bond must be date of Contract If Resident Agent is not a
corporation, give a person's name )
2185 CONTRACT & BONDS
IMPORTANT NOTICE
To obtain information or make a complaint
You may contact the Texas Department of Insurance to obtain information on
companies, coverages, rights or complaints at
1-800-252-3439
You may write the Texas Department of Insurance
P 0 Box 149104
Austin, TX 78714-9104
Fax #(512) 475-1771
PREMIUM OR CLAIM DISPUTES'
Should you have a dispute concerning your premium or about a claim, you
should contact the agent or the company first if the dispute is not resolved, you
may contact the Texas Department of Insurance
ATTACH THIS NOTICE TO YOUR POLICY.
This notice is for information only and does not become a part or condition of the
attached document
V - -- 004W
INDEMNITY CORPORATION
4610 UNIVERSITY AVENUE SUITE 1400 MADISON WISCONSIN 53705 0900
PLEASE ADDRESS REPLY TO PO BOX 4900 MADISON WI 53705 0900
PHONE (608) 231 4450 FAX (608) 231 2029 Bond No. 733654
POWER OF ATTORNEY
No 47Jo1 1
Know all men by these Presents, That the CAPITOL INDEMNITY CORPORATION, a corporation
of the State of Wisconsin, having Its principal offices in the City of Madison Wisconsin, does make constitute and appoint
------------------- V R DAMIANO, JR , JAMES V DAMIANO, CANDACE DAMIANO- --------------------
------------------KATHY R ZACHAREK, KENNETH ZACHAREK, SHERRI L SCHRAER ---------------------
its true and lawful Attorney($) in -fact, to make, execute, seal and deliver for and on its behalf as surety, and as its act
and deed any and ail bonds, undertakings and contracts of suretyship, provided that no bond or undertaking or contract
of suretyship executed under this Authority shall exceed in amount the sum of
- - - - - ------ — -------- .._ NOT TO EXCEED $5,000,000 00-------------------------------------------
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following
Resolution adopted by the Board of Directors of CAPITOL INDEMNITY CORPORATION at a meeting duly called and
held on the 5th day of May 1960
RESOLVED that the President and Vice President, the Secretary or Treasurer acting Individually or otherwise be and they hereby are granted
the power and authorization to appoint by a Power of Attorney for the purposes only of executing and attesting bonds and undertakings and other
writings obligatory in the nature thereof one or more resident vice presidents assistant secretaries and attorney(s) in fact each appointee to have
the powers and duties usual to such offices to the business of this company the signature of such officers and seal of the Company may be affixed
tsignatu essuchorrower of facsimile tsealeshall be or to any
and binding ficate aupont theeto Company and anyand
such power such so executower of edandcertified by facsimile or certificate such facsimile
signatures and
facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking or other writing obligatory in the
nature thereof to which It is attached Any such appointment may be revoked for cause or without cause by any of said officers at any time
IN WITNES$ WHEREOF, the CAPITOL INDEMNITY CORPORATION has caused these presents to be signed by
its officer undersigned and its corporate seal to be hereto affixed duly attested by its Secretary this 1 st day of June 1993
Attest
Virgiline M Schulte Secretary
STATE OF WISCONSIN
COUNTY C DANE
CAPITOL INDEMNITY CORPORATION
O �;% GenrgC Q tart, President
JE
SEAL b 111
Niuuniilin�\\yy\C\�
On the 1 st day of June, A D , 1993, before me personally came George A Fait to me known, who being by me duly
sworn, did depose and say that he resides in the County of Dane State of Wisconsin that he is the President of
CAPITOL INDEMNITY CORPORATION, the corporation described in and which executed the above instrument that
he knows the seal of the said corporation, that the seal affixed to said instrument is such corporate seal, that it was so
affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order
OY�yA1A1�Itl111111///////Z f �Ii`I4-
STATE OFWISCONSINPEEEn N
nnNS Peter E H ins
COUNTY OF DANE Notary Public, Dane Co WI
" My Commission is Permanent
"�Gpj/////lllllllllAIAAAAOA��
CERTIFICATE
I the undersigned duly elected to the office stated below now the incumbent in CAPITOL INDEMNITY
CORPORATION a Wisconsin Corporation authorized to make this certificate DO HEREBY CERTIFY that the foregoing
attached Power of Attorney remains in full force and has not been revoked and furthermore that the Resolution of the
Board of Directors set forth in the Power of Attorney is now in force
Signed and sealed at the City of Madison Dated the 12th day o
����yOUVAAIIIuulu//i/i/i
i11 �I1Ilion" 1
\ At
f May 1998.
Thl pawl I I v vlid only II the power of dlomoy number pnnt(d In III uppl r mg111 11 ind (om( I pl, II III 11 d I "'1 11 upul I uhun I ups, nr
uth11 I puu Wr Ilnn u1 riot binding on IhL r nnp my Inquinr 1 u111 4 111111E tll II N(I ul it, III, y n1 iv 111 din I I, III II I'd M in Iq 1 1 ii I lainr
OF, t It" [ ynl .I INl( nlndy r wpn1 Ihnn
A01FORIV"A';
°RCYY,JCDR
IS MA00"
OUT6N6
RAMEY ► KING INSURANCE
eGO S. Ia61L SURS, A
Denton TX TSSXw W
NMRED
D B R CoruWotlan Do kTo
Don RI&Arde
P0Sol &a
Denton TX 7SE07
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE USTED
INDICATED NOTWITHSTANDING My REQUIREMENT TERM OR C
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANC
OLCWSIONS AND CONDITIONS OF SUCH POUG190 UMITS SHI
'D TYPE OF INSURANCE PONCY NUMER
TO
A GENERAL LARLM CLS 0MI
X COMMERCIAL GENERAL LIABILITY
C.Aro MAIx X awn
OYMERS f CONTRACTORS MOT
B AUTOMOBLE LIABILITY
X
ANY ALrm
ALL ONNEO AUTOS
SCNEOULED Alm
X
Nram AUKS
X
NG 4QYAh1) AUTOS
GARAGE I.Mtfr'/
EMU LIABILITY
V406 LA POW
Omw THAN OMIPOLLA Pang
WORKER E CAMPI NMTON
C AND
OAPLOy g L"LITY
=•.
COMPANY A
mDI
I B
COMPANY C
LITER
i 00" A" D
Lurm
COMPANY E
Lem
COMPANIES AFFORDING COVERAGE
socItledele Insurance Ca
Trinity Lloyds Ina+ Co
Tm* Work Camp Ina Fund
BLOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PEAK
NDMON OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TEAMS
ON MAY HAVE BEEN REDUCED BY PAID CLAIMS
POLICY VFEOTNE POLICY IXPeATON Lon
DATE maw" BATa;MMEGMTT
EINDBRIAPPLICATION
SBPI00?{11
DES IPTM OF opPeerruwTlEHaLDaTTonNL+TnNKaaa,�Pecw. ITEMS Iy
Wwkm ComfdaE dpn pooll�i6 and kSUIP1M1 SreEpoote ONewsl
On
Cartni ate No
U&Wliq End Auto USblllty w►Iv.T of Subr wtW pmklsd BB ruwlb
Workem Como/ 10m
CXY or Donlon
Ann Tom Slur
9018 TuXae Street
Denton
TX T6401
0L06KIT OS/06II8 GENERAL AGBIdGATI, I
TT/TGNT
CSATTAIT
PRCDUCTS-OCMPAP AGO I
PSImCNAI s ADv IN IRA I
SACK OCCUEt]NCE 1
FIFE DAMAGE (My NM Mt 1
MED EVINSE (My Err osT ) 1
i 1/tSN1 ' COMBINED SINGLE s
LIMIT
BODILY WANE f
IFK wnm)
W016Y INAMY s
IN, eoae-n
PAOPQRTY DAMAGE f
e4ch N mm"CE I
, AGOIROA/E i
1000000 1
1000000
800000
500000
s0000
EXCLUDED
II".,.
STAMORY LMITS
0]/OTII6 EACN ACCIDENT f 500000
DISEASE POLICY L/Art s 0000nO
DISEASE EACH EMPLOYEE s 500000
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
MNL SO DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
LEFT BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
LIAIIUTY OF ANY VINO UPON THIS COMPANY ITS AGENTS OR REPRESENTATIVES
"w
DWI � 113M1 <l rl (A33 8h
CITY OF DENTON
INSURANCE REQUIREMENTS FOR CONTRACTORS
Bidder's attention is directed to the insurance requirements below. it is highly
recommended that bidders confer with their respective insurance carriers or brokers
to determine In advance of Bid submission the availability of insurance certificates and
endorsements as prescribed and provided herein If an apparent low bidder fails to
comply strictly with the Insurance requirements, that bidder may be disqualified from
award of the contract. Upon bid award, all insurance requirements shall become
contractual obligations which the successful bidder shall have a duty to maintain
throughout the course of this contract.
STANDARD PROVISIONS:
Without limiting any of the other obligations or liabilities of the Contractor, the
Contractor shall provide and maintain until the contracted work has been completed
and accepted by the City of Denton, Owner, the minimum Insurance coverage as
Indicated hereinafter
As soon as practicable after notification of bid award, Contractor shall file with the
Purchasing Department satisfactory certificates of insurance, containing the bid
number and title of the project Contractor may, upon written request to the
Purchasing Department, ask for clarification of any insurance requirements at any
time, however, Contractors are strongly advised to make such requests prior to bid
opening, since the insurance requirements may not be modified or waived after bid
opening unless a written exception has been submitted with the bid. Contractor shall
not commence any work or deliver any material until he or she receives notification
that the contract has been accepted, approved, and signed by the City of Denton.
All insurance policies proposed or obtained in satisfaction of these requirements 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 insurer shall reduce or eliminate
such deductibles or self -insured retentions with respect to the City, its
AAAW350
REVISED 10112/94 Cl - 1
Insurance Requirements
Page 2
officials, agents, employees and volunteers, or, the contractor shall procure
a bond guaranteeing payment of losses and related Investigations, claim
administration and defense expenses
• Liability policies shall be endorsed to provide the following:
•• Name as additional insured the City of Denton, Its Officials, Agents,
Employees and volunteers.
•• That such insurance Is primary to any other insurance available to the
additional Insured with respect to claims covered under the policy and
that this Insurance applies separately to each Insured against whom
claim Is made or suit Is brought. The Inclusion of more than one
Insured shall not operate to Increase the Insurer's limit of liability.
• All policies shall be endorsed to provide thirty(30) days prior written notice
of cancellation, non -renewal or reduction in coverage.
• Should any of the required insurance be provided under a claims -made
form, Contractor shall maintain such coverage continuously throughout the
term of this contract and, without lapse, for a period of three years beyond
the contract expiration, such that occurrences arising during the contract
term which give rise to claims made after expiration of the contract shall
be covered.
• Should any of the required Insurance be provided under a form cf 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.
AAM0350
REVISED 10/12/94 Cl - 2
Insurance Requirements
Page 3
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS:
All insurance policies proposed or obtained in satisfaction of this Contract shall
additionally comply with the following marked specifications, and shall be maintained
In compliance with these additional specifications throughout the duration of the
Contract, or longer, if so noted:
[XI A General Liability Insurance:
General Liability insurance with combined single limits of not less than
1,000,000 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 exploslcn, collapse
or underground (XCU) exposures
• Broad form contractual liability (preferably by endorsement)
covering this contract, personal Injury liability and broad form
property damage liability.
AAAW350
REVISED 10112/94 Cl - 3
Insurance Requirements
Page 4
[X) Automobile Liability Insurance:
Contractor shall provide Commercial Automobile Liability Insurance with
Combined Single Limits (CSL) of not less than 1,000,000 either in a single
policy or 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
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
[XI Workers Compensation Insurance
Contractor shall purchase and maintain Worker's Compensation Insurance
which, in addition to meeting the minimum statutory requirements for issuance
of such insurance, has Employer's Liability limits of at least $100,000 for each
accident, $100,000 per each employee, and a $5O0,O0O policy limit for
occupational disease The City need not be named as an "Additional Insured"
but the insurer shall agree to waive all rights of subrogation against the City,
Its, officials, agents, employees and volunteers for any work performed for the
City by the Named Insured For building or construction projects, the
Contractor shall comply with the provisions of Attachment 1 in accordance
with §406.096 of the Texas Labor Code and rule 28TAC 110 110 of the Texas
Worker's Compensation Commission (TWCC).
[ I 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
AAM0350
REVISED 10/12/94 Cl - 4
Insurance Requirements
Page 5
"occurrence" basis, and the policy shall be issued by the same Insurance
company that carries the contractor's liability insurance Policy limits will be
at least combined bodily injury and property damage per
occurrence with a aggregate.
[ 1 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 budding. Limits of not less than each occurrence are required
[ l Professional Liability Insurance
Professional liability Insurance with limits not less than per claim
with respect to negligent acts, errors or omissions in connection with
professional services Is required under this Agreement.
[ 1 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.
[ l Additional Insurance
Other Insurance may be required on an Individual basis for extra hazardous
contracts and specific service agreements. if such additional insurance is
required for a specific contract, that requirement will be described in the
"Specific Conditions" of the contract specifications.
AW0350
REVISED 10112/94 Cl - 5
Insurance Requirements
Page 6
ATTACHMENT 1
(X1 Worker's 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 entitles 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" InclL.de, 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
AAA00350
REVISED 10/12/94 Cl - 6
Insurance Requirements
Page 7
C. The Contractor must provide a certificate of coverage to the governmental
entity prior to being awarded the contract
D If the coverage period shown on the contractor's current certificate of
coverage ends during the duration of the project, the contractor must, prior
to the end of the coverage period, file a new certificate of coverage with
the governmental entity showing that coverage has been extended.
E. The contractor shall obtain from each person providing services on a
project, and provide to the governmental entity,
(1) a certificate of coverage, prior to that person beginning work on the
project, so the governmental entity will have on file certificates of
coverage showing coverage for all persons providing services on the
project; and
(2) no later than seven days after receipt by the contractor, a new
certificate of coverage showing extension of coverage, if the coverage
period shown on the current certificate of coverage ends during the
duration of the project.
F. The contractor shall retain all required certificates of coverage for the
duration of the project and for one year thereafter.
G. The contractor shall notify the governmental entity in writing by certified
mail or personal delivery, within 10 days after the contractor knew or
should have known, of any change that materially affects the provision of
coverage of any person providing services on the project.
H. The contractor shall post on each project site a notice, in the text, form and
manner prescribed by the Texas Workers' Compensation Commission,
Informing all persons providing services on the project that they are
required to be covered, and stating how a person may verify coverage and
report lack of coverage.
AAM0350
REVISED 10/12/84 Cl - 7
Insurance Requirements
Page $
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 and of the coverage period, if the coverage period
shown on the current certificate of coverage ends during the
duration of the project;
(5) retain all required certificates of coverage on file for the duration of
the project and for one year thereafter;
(6) notify the governmental entity in writing by certified mad 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
AAA0o0E0
REVISED 10/12/94 Cl - 8
Insurance Requirements
Page 9
(7) contractually require each person with whom it contracts, to perform
as required by paragraphs (1) - (7), with the certificates of coverage
to be provided to the person for whom they are providing services
J. By signing this contract or providing or causing to be provided a certificate
of coverage, the contractor is representing to the governmental entity that
all employees of the contractor who will provide services on the project will
be covered by workers' compensation coverage for the duration of the
project, that the coverage will be based on proper reporting of classification
codes and payroll amounts, and that all coverage agreements will be filed
with the appropriate insurance carrier or, In the case of a self -insured, with
the commission's Division of Self -Insurance Regulation Providing false or
misleading information may subject the contractor to administrative
penalties, criminal penalties, civil penalties, or other civil actions.
K. The contractor's failure to comply with any of these provisions Is a breach
of contract by the contractor which e6tles 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
AAM0350
REVISED ton Yres Cl - 9