Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
1998-239
ORDINANCE NO 23 , AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF A PUBLIC WORKS CONTRACT FOR PECAN CREEK AND TRIBUTARY PEC-4 CHANNEL IMPROVEMENTS IN THE AMOUNT OF $2,193,881 40, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE (BID #2220 — PECAN CREEK AND TRIBUTARY PEC-4 CHANNEL IMPROVEMENTS AWARDED TO OSCAR RENDA CONTRACTING, INC IN THE AMOUNT OF $2,193,881 40) 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 2220 OSCAR RENDA CONTRACTING, INC $2,193,881.40 SECTION II That the acceptance and approval of the above competitive bids shall not constitute a contract between the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, and insurance certificate after notification of the award of the bid S_,ECTION III That the City Manager Is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein SECTION IV That upon acceptance and approval of the above competitive bids and the execution of contracts for the public works and improvements as authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto SECTION V That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the io • day of ,1998 JAC M ER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY B UJDZ APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY 2220 PECAN CREEK TRIB PEC4 CONTRACTUAL ORDINANCE [Rmc:mnmM® AUG 10 1998 CITY Ef AL DEPTON } § § k § § - k a 10 © ) CL « # ) I k § m Ck § k k 2 � « ) ( CD 0 0 s |$! k . ~ Ci U k k°\ , k 1\ a $ ; , . s ; ! ! ) # § � \ k k � k , k 2 § § i # a R . O S k\ k ) k k I\ k k k} k k)§ } - k § ■ § E 2 & ; o o w ' a �2 �§ ] §� § 3 , & ° $ ■ S 2 e § k§ § u■ 2 § § k 9 ] LL§ C 2) &� § f§ k Lu § ca E ` ` k $ § @ 2 § § 0 / ) / B & § 2 0 § IL ` § §� _ o w U. q . o CONTRACT AGREEMENT STATE OF TEXAS COUNTY OF DENTON THIS AGREEMENT, made and entered into this 18 day of AUGUST A.D., 1998, by and between CITY OF DENTON of the County of DENTON and State of Texas, acting t1irougnWiVh ereunto duly authorized so to do, hereinafter termed "OWNER," and O$CAR RENDA CONTRACTING, INC. 522 BENSON LANE ROANOKE, TX 76262 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 # =0 — PECAN CREEK AND TRIBUTARY PEC-4 CHANNEL IMPROVEMENTS in the amount of $2,193,881.40 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 TEAGUE NALL AND PERKINS, INC. 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 ATTEST APPROVED AS TO FORM OMAN � I OF DENTON OWNkR BY CA-3 Oscar Renda Contracting, Inc CONTRACTOR 522 Benson Lane Roanoke, TX 76262 MAILING ADDRESS 817 491-2703 PHONE NUMBER FAX NUMBER BY �oA�) TITLE 25, c-"�/ -z�4 PRINTED NAME (SEAL) PERFORMANCE BOND STATE OF TEXAS § Bond #8149-23-45 COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS That OSCAR RENDA CONTRACTING, INC., whose address is 522 BENSON LANE, ROANOKE, TX 76262, hereinafter called Principal, and a corporation organized and existing under the laws of the State of TEXAS, 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 MILLION ONE HUNDRED NINETY THREE THOUSAND EIGHT HUNDRED EIGHTY ONE and 40/100 DOLLARS ($ 2,193,881.40) plus ten percent of the stated penal sum as an additional sum of money representing additional court expenses, attorneys' fees, and liquidated damages arising 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 98-239, with the City of Denton, the Owner, dated the 18 day of AUGUST A.D. 1998, a copy of which is hereto attached and made a part hereof, for BID # 2220 — PECAN CREEK AND TRIBUTARY PEC-4 CHANNEL IMPROVEMENTS. 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 herem 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 BMI 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 rime, 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 tune, 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 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 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 18 day of AUGUST 1998 ATTEST BY SECRETARY PRINCIPAL • .. :1.01"� s IN ATTEST SURETY Federal Insurance Company BY BY Gfi XOW9: V k6,W� ATTORNEY -III -FACT The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is NAME John L. Mondics STREET ADDRESS 8235 Douglas Ave., Suite 828, Dallas, Texas 75225 (NOTE Date of Performance Bond must be date of Contract If Resident Agent is not a corporation, give a person Is name) POWER OF ATTORNEY FEDERAL INSURANCE COMPANY ATTN SURETY DEPARTMENT 15 Mountain View Road, Warren, NJ 07059 Telephone (908) 903-2000 Fax No (908) 903-3656 Know all Men by these Presents, That FEDERAL INSURANCE COMPANY, an Indiana Corporation, has constituted and appointed, and does hereby constitute and appoint Arnim I Gerstenmeier, John L Mondics and Larry D Greenhaw of Dallas, Texas -------------------------------------------------------- each Its true and lawful Attorney -in -Fact to execute under such designation in Its name and to affix its corporate seal to and deliver for and on Its behalf as surety thereon or otherwise, bonds of any of the following classes, to -wit 1 Bonds and Undertakings (other than Bail Bonds) filed in any suit, matter or proceeding In any Court, or filed with any Sheriff or Magistrate, for the doing or not doing of anything specified in such Bond or Undertaking 2 Surety bonds to the United States of America or any agency thereof, including those required or permitted under the laws or regulations relating to Customs or Internal Revenue, License and Permit Bonds or other indemnity bonds under the laws, ordinances or regulations of any State, City, Town, Village, Board or other body or organization, public or private, bonds to Transportation Companies, Lost Instrument Bonds, Lease Bonds, Workers' Compensation Bonds Miscellaneous Surety Bonds and bonds on behalf of Notaries Public, Sheriffs, Deputy Sheriffs and similar public officials 3 ponds on behalf of contractors in connection with bids, proposals or contracts In Witness Whereof, the said FEDERAL INSURANCE COMPANY has, pursuant to its By -Laws, caused these presents to be signed by Its Vice President and Assistant Secretary and its corporate seal to be hereto affixed this 17 th day of April 19 96 Assistant secretary STATE OF NEW JERSEY as County of Somerset FEDERAL INSURANCE COMPANY BY F nk Rober on Vice President On this 17th day of April 1996 before me personally came Kenneth C Wendel to me known and by me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, the corporation described in and which executed the foregoing Power of Attorney, and the said Kenneth C Wendel being by me duly sworn, did depose and say that he is Assistant Secretary of FEDERAL INSURANCE COMPANY and knows the corporate seal thereof, that the seal affixed to the foregoing Power of Attorney is such corporate seal and was thereto affixed by authority of the By -Laws of said Company, and that he signed said Power of Attorney as Assistant Secretary of said Company by like authority, and that he is acquainted with Frank Robertson and knows him to be the Vice President of said Company, and that the signature of said Frank Robertson subscribed to said Power of Attorney Is in the genuine handwriting of said Frank Robertson and was thereto subscribed by authority of said By -Laws and in deponents presence Notarial Seal Acknowledged and Sworn to before me on the date above written 2 V(2 i m n IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE WRITE TO US AT THE ADDRESS LISTED ABOVE Forth lb 10 01E3 (Ed B-Bb) GENERAL THERECHOWSKI Notary °ubl c el State of New Jersey No 0014101 col, - _ - IJI/27 1996 CERTIFICATION STATE OF NEW JERSEY l as County of Somerset f 1, the undersigned, Assistant Secretary of FEDERAL INSURANCE COMPANY, do hereby certify that the following is a true excerpt from the By Laws of the said Company as adopted by its Board of Directors and that this By -Law is in full force and effect "ARTICLE XVIII Section 2 All bonds, undertakings, contracts and other instruments other than as above for and on behalf of the Company which it is authorized bylaw or Its charter to execute may and shall be executed in the name and on behalf of the Company either by the Chairman or the Vice Chairman or the President or a Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations, except that any one or more officers or attorneys -in fact designated In any resolution of the Board of Directors or the Executive Committee, or in any power of attorney executed as provided for in Section 3 below, may execute any such bond, undertaking or other obligation as provided in such resolution or power of attorney Section 3 All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman or the Vice Chairman or the President or a Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations The signature of such officers may be engraved, printed or lithographed The signature of each of the following officers Chairman, Vice Chair- man, President any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or Attorneys in Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signa- ture and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached " I further certify that said FEDERAL INSURANCE COMPANY is duly licensed to transact fidelity and surety business in each of the States of the United States of America, District of Columbia, Puerto Rico, and each of the Provinces of Canada with the exception of Prince Edward Island, and is also duly licensed to become sole surety on bonds, undertakings, etc , permitted or required by the law I, the undersigned Assistant Secretary of FEDERAL INSURANCE COMPANY, do hereby certify that the foregoing Power of Attorney is In full force and effect Gwen under my hand and the seal of said Company at Warren, N J , this 18 th day of Corporate Seal August AselMent Secretary/ 1� PAYMENT BOND STATE OF TEXAS § COUNTY OF DENTON § Bond #8149-23-45 KNOW ALL MEN BY THESE PRESENTS That OSCAR RENDA CONTRACTING, INC., whose address is 522 BENSON LANE ROANOKE, TX, 76262, hereinafter called Principal, and a corporation organized and existing under the laws of the State of TEXAS, 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 MILLION ONE HUNDRED NINETY THREE THOUSAND and EIGHT HUNDRED EIGHTY ONE 40/100 DOLLARS ($2,193,881.40) 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 98-239, with the City of Denton, the Owner, dated the 18 day of AUGUST A.D. 1998, a copy of which is hereto attached and made a part hereof, for BID # 2220 - PECAN CREEK AND TRIBUTARY PEC-4 CHANNEL IMPROVEMENTS. 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 '; , 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 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 18 day of AUGUST, 1998. ATTEST BY SECRETARY PRINCIPAL Oscar Renda Contracting,,Inc BY t% PRBSIDENT ATTEST _ SURETY BY i4�i Z6kFederal Insurance Company pD L f ' BY GA�Lon- cC fe44y � ATTORNEY -IN -FACT The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is NAME John L. Mondlcs STREET ADDRESS 8235 Douglas Ave., Suite 828, Dallas, Texas 75225 (NOTE Date of Payment Bond must be date of Contract If Resident Agent is not a corporation, give a person's name ) 2220 CONTRACT & BONDS POWER OF ATTORNEY FEDERAL INSURANCE COMPANY ATTN SURETY DEPARTMENT 15 Mountain View Road, Warren, NJ 07059 Telephone (908) 903-2000 Fax No (908) 903-3656 Know all Men by these Presents, That FEDERAL INSURANCE COMPANY an Indiana Corporation has constituted and appointed, and does hereby constitute and appoint Arnim I Gerstenmeier, Sohn L Mondics and Larry D Greenhaw of Dallas, Texas -------------------------------------------------------- each its true and lawful Attorney -in -Fact to execute under such designation in its name and to affix its corporate seal to and deliver for and on Its behalf as surety thereon or otherwise, bonds of any of the following classes, to wit 1 Bonds and Undertakings (other than Bail Bonds) filed in any suit matter or proceeding in any Court or filed with any Sheriff or Magistrate, for the doing or not doing of anything specified in such Bond or Undertaking 2 Surety bonds to the United States of America or any agency thereof, including those required or permitted under the laws or regulations relating to Customs or Internal Revenue, License and Permit Bonds or other indemnity bonds under the laws, ordinances or regulations of any State, City, Town, Village, Board or other body or organization, public or private, bonds to Transportation Companies, Lost Instrument Bonds, Lease Bonds, Workers' Compensation Bonds, Miscellaneous Surety Bonds and bonds on behalf of Notaries Public, Sheriffs, Deputy Sheriffs and similar public officials 3 Bonds on behalf of contractors in connection with bids, proposals or contracts In Witness Whereof, the said FEDERAL INSURANCE COMPANY has, pursuant to Its By -Laws, caused these presents to be signed by Its Vice President and Assistant Secretary and its corporate seal to be hereto affixed this 17 th day of April 19 96 Assistant Secretary STATE OF NEW JERSEY sa County of Somerset FEDERAL INSURANCE COMPANY BY r3dnk Robe on Vice President On this 17th day of April 1996 , before me personally came Kenneth C Wendel to me known and by me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, the corporation described in and which executed the foregoing Power of Attorney, and the said Kenneth C Wendel being by me duly swom, did depose and say that he is Assistant Secretary of FEDERAL INSURANCE COMPANY and knows the corporate seal thereof, that the seal affixed to the foregoing Power of Attorney is such corporate seal and was thereto affixed by authority of the By -Laws of said Company, and that he signed said Power of Attorney as Assistant Secretary of said Company by like authority, and that he is acquainted with Frank Robertson and knows him to be the Vice President of said Company, and that the signature of said Frank Robertson subscribed to said Power of Attorney Is in the genuine handwriting of said Frank Robertson and was thereto subscribed by authority of said By -Laws and in deponent's presence Notarial Seal Acknowledged and Sworn to before me on the date above written lit U 4 �Pii L� �"l ✓ n .,C� l �; Notary Public �+n IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER PLEASE WRITE TO US AT THE ADDRESS LISTED ABOVE Fo,m 15100193(Ed 9&95) GENERAL THERESAB CICHOWSKI Notary °ubha State of New Jersey "> 0014101 C') _ _ - Id' 27 1996 CERTIFICATION STATE OF NEW JERSEY t as County of Somerset f I, the undersigned, Assistant Secretary of FEDERAL INSURANCE COMPANY do hereby certify that the following is a true excerpt from the By Laws of the said Company as adopted by its Board of Directors and that this By Law is in full force and effect "ARTICLE XVIII Section 2 All bonds, undertakings, contracts and other instruments other than as above for and on behalf of the Company which it is authorized by law or its charter to execute, may and shall be executed in the name and on behalf of the Company either by the Chairman or the Vice Chairman or the President or a Vice President, jointly with the Secretary or an Assistant Secretary under their respective designations, except that any one or more officers or attomeys-m-fact designated in any resolution of the Board of Directors or the Executive Committee, or in any power of attorney executed as provided for in Section 3 below, may execute any such bond, undertaking or other obligation as provided in such resolution or power of attorney Section 3 All powers of attorney for and on behalf of the Company may and shall be executed In the name and on behalf of the Company, either by the Chairman or the Vice Chairman or the President or a Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations The signature of such officers may be engraved, printed or lithographed The signature of each of the following officers Chairman, Vice Chair man, President any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or Attorneys -in Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signs ture and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached " I further certify that said FEDERAL INSURANCE COMPANY is duly licensed to transact fidelity and surety business in each of the States of the United States of America, District of Columbia, Puerto Rico, and each of the Provinces of Canada with the exception of Prince Edward Island, and is also duly licensed to become sole surety on bonds, undertakings, etc , permitted or required by the law I, the undersigned Assistant Secretary of FEDERAL INSURANCE COMPANY, do hereby certify that the foregoing Power of Attorney is in full force and effect Given under my hand and the seal of said Company at Warren, N J this 18th day of August tg 98 Corporate Seal // � �_e� U ��gUNCFc Assistant Secrete o w � } 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 5Za 13sn,soti Lvwe- Street Address 7(�t)4&kyes Isx4s 1��b2 City and State Seal & Authorization (If a Corporation) IW?'''491 — a 7Q3 Telephone 4C14vowi.6bGis Rft&ber pF 41.) 4� P-18 �r^s2�E1EnT �- I DPTe* if aC bmrw -&"e to, f 9IS ',r,, L- P, /948 Division D - TRIBUTARY PEC-4 CHANNEL IMPROVEMENTS (BRADSHAW TO ROBERTSON), EXCLUDING WORK IN DMSIONS B AND C D-1 I Preparing Right -of -Way I LS $ A®r ©w $ /0 coo Unit Price in Words N nimaa D oomms D-2 I Remove Foot Bride 2 EA $ $� Unit Price in Words ElacE S D-3 Remove Concrete Sidewalk 22 SY $ Umt Pnce m Words (% 04_y e A S D-4 I Remove Concrete Pavement 440 SY r7 $ Unit Price in Words D-5 I Remove Concrete Channel Luting 8470 SY $ n Unit Price in Words �:-2a2. L S D-6 I Remove Curb and Gutter 1024 LF $ $ Unit Price in Words -'-C U'L L G S D-7 Remove Guardrail 530 LF N $ Unit Price in Words / UC l L D-8 Remove Dbl. 8'x7' Box Culvert and Wlngwalls 1 EA $'3 $L� Unit Price in Words 271.e-L L D-9 Remove Curb Wet 2 EA $ c� $ Unit Price in Words fi/ L` t C D-10 I Unclassified Channel Excavation Unit Price in Words L 28 930 CY $ $ D-11 Embenlmrent 6800 CY $ $ Unit Price in Words mes D-12 6" Concrete Cbaunel Lining 1 20,766 SY $ �30 $ (oO S1L D-13 124k RipRap 583 1 SY 1 $ Y $ / Unit Price in Words, D-14 4" Im ton Sleeve Sch 40 PVC 150 LF $ $ Unit Price in Words — P-4 D-28 24" Gutter ti" Curb and 244 LF $ $ Unit Price m Words D-29 I IM D Aspbalt Surface Course 407 1 SY $ Y $ Umt Pnce m Words _ , D-30 I Type A Aspluat Base Course 407 1 SY $ $ Umt Price in Words �- P-5 DESCRIPTION gUANTrrY UNIT UMT PRICE TOTAL ITEM D-31 A tier Samta Sewer Manhole Rim 1 EA $ $ G Unit Price in Words i D-32 I Adjust Water Valve 1 EA $ % $ Unit price in Words �L D-33 M at Block Wingwalls 650 SF $ Af $ Unit Price in Words _ - �— /9 D-34 6' Curb Inlets 2 EA $ Unit Price in Words 7� L 2S D-35 1wromulch 5680 1 SY 1 $ $ Unit Price in Words. D-36 ISMprary Erosion Control 1 LS Unit Price in Words D-37 I Pro ect Signs 1 2 EA $ Unit PriceinWords D-38 I Barricade, Detours and Warning Signs LS $ $ Unit Price in Words C: j D-39 I Contingencies, Warrantees & Understandings 1 LS $ $ Unit Price In Words _ TOTAL BASE BID - DMSION D $ I . O.Q. U' 3 DMSION D, BID ALTERNATE No D-1 - ARTICULATED CONCRETE BLOCK CHANNEL LINING The Base Bid is predicated on concrete channel lining as detailed on the plans Bid Alternate No D-1 is predicated on a typical channel section consisting of an articulated concrete block bottom and side slopes as detailed on plan sheet 30 Locations and dimensions shall be the same for both the concrete channel lining and the articulated block channel lining Drop structures shall be 6" concrete Contractor shall indicate the unit price bid for articulated concrete block channel lining, including geofabric, crushed stone till, anchor footing, and all necessary materials, equipment and labor The estimated quantity of articulated concrete block channel lining is 19,926 square yards If selected the quantity of Item D-12 6" Concrete Channel Lining will be reduced by this 19,926 square yards UNIT PRICE op $ -3 G TOTAL PRICE $ 111, 33 (P P-6 DIVISION D, BID ALTERNATE No D-2 - 5" CONCRETE CHANNEL UNIT PRICE LINING The Base Bid is predicated on a 6" concrete channel lining as detailed on the $ plans Bid Alternate No D-2 is predicated on a 5"concrete channel lining All concrete channel hmng shall be 5" thick, including channel ramps and all slopes TOTAL PRICE Total 5" Concrete Channel Luting - 20,766 S Y P-7 r �-t •. � :..O i� �:.. E-31 I Hofficap Accessible Curb Ram 4 1 EA I $ AD $ � Umt Price m Words _ P-9 DESCRIPTION UAmffryUNIT UNIT PRICE TOTAL ITEM E-32 10' Curb Inlet 2 EA $ Umt Price m Words , 18" Cl III, RCP 210 LF $ E-33 Umt Price in Words 1 24" Cl III, RCP 144 LP $ $ E-34 Umt Price m Words• — EUJ — I'Z Q 25' Concrete Dnve Apgroach 65 Sy $ E-35 Umt Pace in Words Adjust Samutary Sewer Manhole Rim 2 $ $ 1 E-36 I Umt Price in Words. Adjust Water Valve Box 1 EA E-37 Umt Pnce in Words _ P E-38 —JFRet4ove and Replace Traffic Sias 2 EA $ Umt P rice m Words Par Lot Stripmg 252 LF $ E-39 Umt Price to Words I Hydromulch 1100 Sy $ $ 1 E-40 Umt Pnce to Words _ E 41 French Dram 100 $ Umt Price m Words E-42 Barncade, Detours, and Warrang Slos Umt Price to Words 1 1 LS $ $ 1 E-43 I Temmm-9 Erosion Control I is $ $ Umt Price m Words E 44 Cgnun encies Warrantees & =din1 LSUmt rice m Words — TOTAL BASE BID - DIVISION E $ & D Si H 5 8 P-10 Division F - UTILITY RELOCATIONS ITEM i DESCRIPTION UANTITY UNIT UNIT PRICE TOTAL RUDDELL Wa r Line Abandonment 295 LF $ zVO$ F-29 Unit Price in words -7Z--A,) 6" PVC DR-18 Water L ne 310 LP $ F-30 Unit Price in Words C1 L A.e 6" Gate Valve and Box 1 EA $ $� P-31 Umt Pnce in Words C L)L1 c F-32 CI1DI Fittimugs0 86 TON Unit Price in Words Z 2Er ) Co Crete Encasement 121 LF $ $ Y F-33 Unit Price in Words f F-34 I Concrete Channel Limug Repair 15 SY $ $ Umt Pace in Words LA-L , ) ' F-35 I Trench Safety1 LS $ $ 1 Unit Price in Words — L U SIMNER F-36 7 W ter Line Abandonment 140 LF $ $ fY Unit Price m Words e S 6" PVC DR-18 Water Line 220 LF F-37 Unit Price in Words 6" Gate Valve 2 1 EA I $ ) $ G� F-38 Unit Price in Words F-39 I C DI Fittings 038 1 TON Unit Price in Words _—_ F40 I Reconnect U" Water Service 3 $ $ Umt Price m Words _ F-41 Cut and Plug 8" Sanitary Sewer I EA $ $ Unit Price in Words I Break Into Existing Sanitary Sewer Pipe EA $ $ s i P 42 Unit Price in Words _ a P-11 FROM1 CITY OF OENTON FAX N0.1 19403497392 06-18-98 07156A P 84 i • .�.-_ . P i �. i _ fMv I 1m G-16 I Plug 8'x6' Culvert Wails 4 1 EA b a Umt Pnce in Words _ 3 - Cut and Plug 10" Sanitary Sewer G-17 I Umt Price in Words - - QS Sawcut Asphalt Pavement 49 LF $ $ G-18 I Umt Price in Words G-19 I Sawcut Concrete Pavement 55 1 LF $ Z7$ Unit Pnce in Words �s G-20 A ust Manhole 1 EA $ $ Umt Pnce in Words ) - G-21 A ust Water Valve 2 EA / l $ ` v $ Umt Price m Words ZZ2- _ G-22 Variable Depth Concrete Sidewalk 442 SF $ Umt Price m Words (31 G-23 4" Concrete Sidewalk 1383 SF $ Umt Price m Words G-24 6" Flex Base 964 SY 1 $ $ Umt Price m Words G-25 6" Asphalt Pavement 550 SY $ $ r 1 Umt Price to Words E - DC-L G-26 8" Concrete Pavement 518 SY $ Umt Price m Words e G-27 6" Concrete Ri ra 746 SY $ Umt Price m Words - - G-28 10' Curb Inlet 1 EA $ $ Umt Price in Words / G-29 4' Manhole 4 1 EA $ $ Umt Pnce m Words G-30 10" Steel Saultag Sewer 86 LF $ $ Umt Price in Words a a YZL ' 1 2 P-14 Pi D ,V ve ec P-15 BID SUMMARY Division A - PECAN CREEK CHANNEL IMPROVEMENTS (RUDDELL TO PEC-4) TOTAL BID PRICE IN WORDS'_= w_&,jbAf t=hc rtmusnND 61-Y Qot.u4e4 BASE BID 3 0 S , 0 90 Division B - NOT IN CONTRACT Division C - NOT IN CONTRACT Division D - TRIBUTARY PEC-4 CHANNEL IMPROVEMENTS (BRADSHAW TO ROBERTSON, EXCLUDING WORK IN DIVISIONS 2 AND 3) TOTAL BID PRICE IN WORDS Oti trams- v -rwo Hu"06-PA Two Tr/eus�.vu sZ +� N""'aFA SbKrr 4rFAt' dowas BASE BID ALTERNATE No 1- ARTICULATED BLOCK CHANNEL LINING 117i33(o ty&-r-j lkxuDAPro seyylu mey TM&usAVD T*Ar. u.&NOA •A Tbt*m Spit +D � u+hQS ALTERNATE No 2 - 5" CONCRETE LINED CHANNEL Division E - RUDDELL STREET BRIDGE, ROADWAY AND PARKING LOTS P�YY �T TOTAL BID PRICE IN WORDS Srx AA-L„0,ON elOtEr 'hh%udw-b EOA 9&L 40"'JeS BASE BID cona.t4sS Division F - UTILITY RELOCATI NS Farr pouAtS TOTAL BID PRICE IN WORDS n+ am ?oems rhmadb 7rhz lauaud BASE BID /D 3 3 50 Division G - ROBERTSON/BELL CULVERT IMPROVEMENTS TOTAL BID PRICE IN WORDS Styr ► u-wt.&&a ZrX i+7ini .�anD Fou+! FIc_�D�EO 1T�i ���S BASE BID (v(00 433 ALTERNATE No 1 -BELL AVE CLOSURE 00. ODD ,V, 879, 999 TOTAL (Divisions A, D, E, F, G) TOTAL BID PRICE IN WORDS•�n�u�ti� iir6�• NuwAA&b 36Vsvw iybNc TMousFNp N27vC IWuDa� v2wEtM FouR Pot[ARS TOTAL WORKING DAYS a �� P-17 The review is only for general conformance with OSHA safety standards and applicability to the site Review of the trench excavation plan does not relieve the Contractor of any or all construction means, methods, techniques, and procedures Any property damage or bodily injury (including death) that arises from use of the trench or from city's failure to note exceptions to the excavation plan shall remain the sole responsibility and liability of the Contractor A bid item for trench safety and support shall be included Contractors electing to utilize the Mmunum Angle of Repose must submit Soil classification according to the Unified Soil Classification System including water content and plasticity index, and a mimmum angle of the slope of excavation for the trench A detailed plan of the excavation area and the impact on existing right-of-way and infrastructure No claims for delay will be permitted Contractor electing to utilize a Trench Box must submit physical dimensions, materials, position in the trench, expected loads, and the strength of the box No clauns for delay will be permitted Contractor electing to utilize Shoring, Sheeting, and Bracing must submit dimensions and materials of all uprights, stringers, cross -bracing, and spacing No claims for delay will be permitted The trench safety and support shall be paid for at the contract unit price per linear foot as provided by the proposal and contract The linear footage for payment shall be as measured in the field The contract unit price shall be total compensation for the furnishing of all labor, materials, tools, equipment and incidentals necessary to complete the work If no excavation protection is used, no payment will be made to cover incidentals Safety Record All contractors must submit a notarized affidavit prior to award of the bid attesting to their safety record The contractor's safety record may not reflect penalties for six (6) or more serious violations, none of which may be repeat violations, nor may it reflect three (3) or more willful violations, none of which may be repeat violations, within three (3) preceding award This information will be considered in determining the responsibility of the bidder for purposes of award Support Systems Inspector All contractors involved in excavations as defined in the most current OSHA Occupational Safety and Health Standards for excavations must submit a notarized affidavit prior to award of the bid showing the name of the support system inspector The affidavit must include a statement that the named individual is a competent person as defined in the OSHA regulations related to excavations In order to be a "competent person", one must have had specific training in, and be knowledgeable about, soil analysis, the use of protective systems, and the OSHA regulations on excavations SC-2 SENT BY:Mondics/Oresnhaw Ins, ', 9— 8-96 1 15:19 2149871955-*19408497902 ii 2 � Wwndb6a16av616 6MhNImm Appp �D Ms Awry ML 066u Fau OGWM*ft h% tbanehe 7x COWNY A UNIn P ha. 00. paMPANY B 76xI/ ON* YM, O011lalw 0 Ambmv nas CL jMCA p, N07NRRIBTANfMN6 AMI CPATINCA MAY IB III D OR MAY ®GO MNI AND CONORI NI OP SIX 6M6M T6RM OR ODNMWN OF NIY PBRYAI TA INIURANOI APP RM BY N POLIOIBs. Wayne 4MM MAY HAW DONMACT OR OMFR OOMM POLICIM OIBWMMBND NIRB N RID M IY PAID MM& rrr wmi neoPBw ry Mum TmF 1I IIJOW M ALL TIG 31 "N OP OtMIq m mm� mm OA78 us TroN Alen A pPsuLUMULm Mmmov. weig wow aAOA$ MA06 ® mw Me" A O NTRAMORe NO Pm Pi wwr mwmTE 6JBBBABBi 08f01168 08 01f00 oamvAAaaR6pAT6 I i 000 000 PFALWO COMMOP t 1,040,000 PM M A MN MMt 1 000 000 eMlr wWR11EmI 1 1 000 000 PMM DA1Ne0 Vey ens t ,050 One Oar Nn t 6 M A AVIOMMILELUMWIY X MVAM Au 01001) A= smm= =09 Nalm AumB mamm A nce iFM006016 08l01II8 09 011II Ca111411)am Lear t 1,000,000 ISAILY INJURr lPr PnaO I IOOar WVRY P01�IPp I PROPIAn DAUApe t yea LMOT Mir Aura AUTO aa.Y a &OCR ffi Oman TOAD AVID oNL wmra"FORM CNN wm uM 0M1"'°"``Iv 78FOOD1070214 B THE PF4FMM PARRTNWAONWTNI N OFFI M ARE 0 Inland Marinef8quipnont 814116I06 Channel 1I trtoolic lie 61 "m aborpaaol reap e Darr 7X 7m 03/01198 0111101199 a aAP AGMMT If EL flMM Fawn IS T 4 a Mw m BA RA01 2 Is 0I/01l// 08 01l00 Any One Ooourr non Any One Ito Deduct Ibis a m7adouto 01010 MY OF i"IJIM:= "Np paL M OANosI® THE MO'IM110N pNe tNaewAo OOMPANY rAL TO MML pm vw ffM Tim Om MTI1 maul® TO TNI Mr, I0r mund TO Mu PALL MPOaa NO ORM OR LWMYOF ANY IOND UK N I, Ra AGM ON WMMTA71 IL ",7111' r,' — 8,000.0001 600,000 0,000 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 officials, agents, employees and REVISED 10/12/94 CI-1 Insurance Requirements Page 2 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 tern of this contract and, without lapse, for a period of three years beyond the contract expiration, such that occurrences ansing during the contract tern 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 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 AAA00350 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 [X] 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 CIS 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 AA400350 REVISED 10/12194 Cl " 3 Insurance Requirements Page 4 M 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 ansmg 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 [X] 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 $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 Worker's 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 anse in the prosecution of the work or contractor's operations under this contract Coverage shall be on an "occurrence" basis, and the policy shall be 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 AAA00350 REVISED 10/12/94 Cl - 4 Insurance Requirements Page 5 [ ] 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 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 [ ] 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. AAA00360 REVISED 10/12/94 Cl - 5 Insurance Requirements Page 6 ATTACHMENT 1 [XI 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 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/bevemge 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 pnor to being awarded the contract AAA00350 REVISED 10/12/84 Cl - 6 Insurance Requirements Page 7 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 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 AM00350 REVISED 10/12/94 Cl - 7 Insurance Requirements Page 8 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 Mimi, (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, (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 AAA00350 REVISED 10/12/04 Cl - 8 Insurance Requirements Page 9 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 AAA00360 REVISED 10/12194 Cl - 9