HomeMy WebLinkAbout2000-207ORDINANCE NO 9! �Q — e�
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS
CONTRACT FOR THE CONSTRUCTION OF DUNCAN, MASSEY, CLEVELAND, COLLINS
DRAINAGE, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND
PROVIDING AN EFFECTIVE DATE (BID 2512 — DUNCAN, MASSEY, CLEVELAND,
COLLINS DRAINAGE AWARDED TO D B R CONSTRUCTION IN THE AMOUNT OF
$567,399 70)
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
2512 D B R Construction $567,399 70
SgCTION 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 CT_5F ION 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 ofcontracts 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 ale -�' day of 12000
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY�
APPROVED AS TO LEGAL FORM
HER13ERT L PROUTY, CITY ATTORNEY
BY (�f4L / 1
BID 2512 - CONTRACTUAL ORDINANCE 6-2000
ATTACHMENT
TABULATION SHEET
Bid # 2512
Duncan Massey Clevelandm Collins Drainage
Date 6/1 /00
No.
Qt
OR
VENDOR
VENDOR
VENDOR
D B R
Jagoe Public
Bowles
Earth Builders
Construction
Company
Construction
Principal Place of Business
Denton
Denton
Wichita Falls
Decatur
Duncan
$135,420 45
$100,408 00
$177,168 00
$178,845 00
Massey
$53,859 30
$72,153 20
$84,421 00
$87,940 00
Cleveland / Collins
$356,293 85
$417,070 00
$431,605 00
$442,431 00
Alternate 1 - Massey
$21,826 10
$26,242 20
$16,591 25
$16,025 72
Total Bid Award
$567,399 70
$615,873 40
$709,785 25
$725,241 72
Bid Bond
YES
YES
YES
YES
11
CONTRACT AGREEMENT
STATE OF TEXAS §
COUNTY OF DENTON §
THIS AGREEMENT, made and entered into this 90 day of lime A D ,
2000, by and between City of Denton
of the County of i)Pntnn and State of Texas, acting through Michael W Ten
thereunto duly authorized so to do, hereinafter termed "OWNER," and
of the City of Denton County of Denton and State of —Texan, 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
Rid 9511-Duncan Massey Cleveland Collins DramagP
in the amount of $567 399 70 and all extra work in connection therewith, under the
terms as stated in the General Conditions of the agreement, and at his (or their) own proper
cost and expense to furnish all materials, supplies, machinery, equipment, tools,
superintendence, labor, insurance, and other accessories and services necessary to complete the
work specified above, in accordance with the conditions and prices stated in the Proposal and
the Performance and Payment Bonds, attached hereto, and in accordance with all the General
Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for
Bids), and Instructions to Bidders, as referenced herein and on file in the office of the
Purchasing Agent, and in accordance with the plans, which includes all maps, plats, blueprints,
and other drawings and printed or written explanatory matter thereof,
CA-1
and the Specifications therefore, as prepared by
all of which are referenced herein and 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 TO FORM
CITY ATTORNEY
(SEAL)
_sue _ /i �/�
CONTRACTOR
MAILING ADDRESS
C'HOVNUMBER
CA-3
PRINTE NAME
(SEAL)
DUNCAN DRIVE DRAINAGE
V\
BID TABULATION SHEET
Work Days 20
Bid No 2512
PO No
Item Description Quantity Unit Unit Price I rotas
1 21 Contractors Warrantees and Understandings LS $ 5% /LS $ 7,181 45
Unit Pnce In Words Me FiM >
2 11 5
Inlet Frame and Cover
1 I
EA
$ 500.00 /EA
$ 500 00
Unit Pnce In Words ME FLHIRED MIMS
2 12 3-A
18" Class III Storm Sewer
12
LF
$ 26.00 /LF
$ 312.00
Unit Price In Words TKU41Y SIX DIA1S
2 12 3-B
36" Class 111 Storm Sewer
342
LF IS
78.50 LF
$47, 367.00
Unit Pnce In Words M&MYma's0ELAMAND FJ>7YM�
2 12 3-C
48" Class III Storm Sewer 453
LF
$ 138.50 /LF
$62,740.50
Unit Pnce In Words tE SHIM MY EKW 11aL46 RD F= tENIS
Remove Concrete Curb & Gutter
56
LF
$ 10.00 LF
$ 560 00
3-B
Unit Pnce In Words UN 9MLAIC
I Remove Concrete Drives & Walks
54
SY
$ 15.00 /Sy
$ 810.00
3-C
Unit Price In Words F4FJEEN DCELW
Remove Concrete Rip Rap
18
SY
I $ 15.00 /Sy
$ 270.00
3-A
Unit Price In Words FI'MM DULMS
3-D Remove Reinforced Concrete Pipe (24")
1
EA
$ 10.00 /EA
$ 10.00
3-E
Remove Concrete Pad
2
SY
$ 15•00 SY
$ 30.00
Unit Price In Words FIFIEEN DMLM
3 1
Preparation of Right of Way
LS
$ 58 LS
$7,181 .45
Unit Pnce In Words FIE 1?ERMV
33 Unclassified Excavation
50
CY
$ 10.00 CY
$ 500. 00
Unit Pnce In Words IEN DOMARS
3 9
Sod
10
SY
$ 5.00 /SY
$ 50.00
Unit Price In Words FM 17CELARS
3 10 7
H dromulch
404
SY
$ 7 00 /SY
$ 2, 828.00
Unit Pnce In Words SEM DOMgS
P3
DUNCAN DRIVE DRAINAGE Work Days 20
Bid No 2512
BID TABULATION SHEET PO No
Item Description Quantity Unit Unit Price Total
3 12 Temporary Erosion Control LS $ 500.00 /LS 1 $ 500.001
Unit Price In Words FAE HIUM SCUMS
5 7-C
2" Asphalt Pavement (TypeC, Patch Matl) 1 15
TON
$ 100. /TO
$1 , 500 00
Unit Price In Words CtE HIUM 1XILAFS
7 6-A-1 I
Install 5'X5' Concrete Junction Box
2
EA
$3, 000. 00 /EA
$6, 000. 00
Unit Price In Words MIEE MEND EC LW
7 6-A-2
4' Inlet I
1 I
EA
$2, 000.00 /EA
$2, 000 00
Unit Price In Words 'n'D TKXSW 1xILM
7 6-A-3
12' X 4' Grate Inlet
1 I
EA
$3, 000. 00 /EA
$3, 000.00
Unit Price In Words UM 2UEND DLAR4
8 1
Barricades, Warning Signs and Detours
LS
$1, 000. 00 /LS
$1 , 000 00
Unit Price In Words M MULUM oRIIPM
8 2-A
Install Concrete Curb & Gutter
56
Lh
10. /LF
$ 560.00
Unit Price In Words 7M DCELM
8 3
Driveway 6"
49
1 SY
$ 36.00 /Sy
$1 , 764.00
Unit Price In Words MUF M SIX 00LtAFS
8 3A
4" Concrete Sidewalk with Fibermesh
G
1 SY
Is 30.00 /Sy
$ 180.00
Unit Price In Words TMM DCELW
8 15-A
Concrete Rip Rap
14
CY
$ 300. 00 /CY
$4, 200. 00
Unit Price In Words ZMEE HIUM DOUM
SP-2
Concrete Saw Cut
235
LF
$ 2.00 /LF
$ 470.00
Unit Price In Words RFA
SP-8
Abandon Existing Junction Box
I
I FA
IS 500.00 /EA
$ 500.00
Unit Price In Words FlW BMW ECLLW
SP-10
Rock Excavation
50
CY
is 1 .00 /CY
$ 50.00
Unit Price In Words QE ❑CILAR
SP-27-A
Adjust Service Lines - Water
1
EA
$ 200.00 /EA
$ 200,00
Unit Price In Words DNA MUM DCTUM
P4
DUNCAN DRIVE DRAINAGE Work Days 20
Bid No 2512
BID TABULATION SHEET PO No
Item IDescription
Quantity Unit I Unit Price Total
SP-27-B
Adjust Service Lines - Sewer 1 EA $ 300 00 /EA $ 300.00
Unit Price In Words '11ME HISIRED 17(7SPRS
SP-37
Excavation Protection
760 1
LF
$ 5.00 /LF
$i, 800 00
Unit Price In Words Fl\7Lr DaZM
SP-39
Project Signs
2 f
EA
$ 300.00 /EA
$ 600. 00
Unit Price In Words WEE HMM DMIM
SP-43
Asphalt Saw Cut
264 1
LF
$ 2 00 /LF
$ 528 00
Unit Price In Words M DMIlW
SP-45
Miscellaneous Sprinkler System Adjustment
LS
$ 500 00 /LS
$ 500 00
Unit Price In Words FIVE H142W ECEIM4
$
$
Unit Price In Words
Unit Price In Words
Unit Price In Words
$
$
Unit Price In Words
$
$
Unit Price In Words
$
i
$
Unit Price In Words
$
$
TOTAL $157,991.90
P5
Massey Street Box Culverts
BID TABULATION SHEET
Work Days 30
Bid No 2512
PO No
Item Description I
Quantity I Unit I
Unit Price Total
1 21 Contractors Warranties and Understandings
I LS
$ 58 /LS 1 $ 2,704.15
Unit Price In Words FM PERCW
2 12 3-D
5' X 7' Precast Box Culvert 1
64 1
LF
$ 280.00 /LF 1
$17,920.00
Unit!Pnce In Words '1WD HIUW DMLAPS
3-F
Remove Concrete Headwall 1
2 1
EA $1, 000.00 /EA
$ 2,000.00
Unit Price In Words Q`E MULS D DMINS
3-G
Remove Concrete Apron 1
2 1
EA
$ 500.00 /EA
$1 ,000. 00
Unit Price In Words FIVE HAM DML+M
3-H
Remove 5' X 7' Box Culvert - 33 feet
1 I
EA
$1, 000.00 /EA
$1 ,000 00
Unit Price In Words GE MUM DMLNG
3 1
Preparation of Right of Way
LS $ /LS 1
$2,704.1 5
Unit Price In Words FIVE EICEW
33
Unclassified Excavation
1 148
1 CY
$ 10.00 /Cy
$1,480.00
Unit Price In Words 'IM DMLAW
3 7
Compacted Fill
1 20
1 CY
$ 10 00 /Cy
$ 200 00
Unit Price In Words 'N DMIA%
3 9
Sod
1 10
1 SY
Is 10 00 /Sy
$ 100.00
Unit Price In Words IEN DULW
3 10 7
Hy romulch
1 544
1 SY
$ 2.00 /SY
$1,088 00
Unit Price In Words 7WD Da ARC
3 12
Temporary Erosion Control
I LS
$ 500.00 /LS
$ 500 00
Un t Price In Words FAM RNM »MIFFS
74 5
Class A Concrete
1 9
1 CY
$ 300.00 /CY
$2 700 00
Unit Price In Words MME H TM DMUM
81
Bamcades, Warning Signs and Detours
I LS
$1,000.00 /LS
1 $1,000 00
Unit Price In Words c E umpw DMIAR4
8 11-A
M tal Beam Guard Fence (MBGF)
1 50
1 LF
$ 30.00 /LF
1 $1,500.00
Unit Price In Words MMRIY DM M
m
Massey Street Box Culverts
BID TABULATION SHEET
8 I 1-B
25' MBGF Turndown Section
Unit Price In Words FINE RNIM DMLW
8 14
Miscellaneous Fence
Unit Price In Words FAE HIUM DMLAIS
8 15-B
Grouted Rip Rap Type A
Unit Price In Words TIES HI3ItED DaLi S
8 15-C
Concrete Apron
Unit Price In Words MmY SIX DMIMS
SP-4
Waterline Lowering
Unit Price In Words '1WD'hLLEND MUNG
SP-10
Rock Excavation
Unit Price In Words OF DQIM
SP-3
Reinforcing Steel
Unit Price In Words W EMLM9
SP-37
Excavation Protection
Unit Price In Words ZWD DMLAR4
SP.39
Project Signs
Unit Price In Words g>E HAMEMLMG
SP-43 I Asphalt Saw Cut
Unit Price In Words 1WD DGISARS
5 7-A
4 1/2" Type A Asphalt
Unit Price In Words 'ICY D IX6
5 7-13
1 1/2" Type C Asphalt
Unit Price In Words IEN DaDW
Work Days 30
Bid No 2512
PO No
mtiry unit 1 unit race I total
4 1 EA $ 500 00 /EA $ 2,000 00
LS 1
$ 5W•00 /LS
$ WOO
44
Cy
$ 300.00 /CY
$13,200 00
35
Sy
$ 3600 /SY 1
$ 1,260 00
1
EA
$ 2,000 00 /EA
$ 2,000.00
25
Cy
$ 1 00 /CY
$ 25.00
832
LB
$ 2.00 /LB
$1,
35
LF
$ 2.00 /LF
$ 70•00
1
EA
$ 300 00 /EA
$ 300 00
48
LF
$ 2 00 /LF
$ 96.00
84
Sy
$ 20 00 /SY
1 $1,680.00
80
1 Sy
Is 10.00 /SY
I $ 800 00
$ $
Is $
TOTAL $59,491 30
P7
Cleveland Street from Eagle to Collins
Drainage and Sanitary Sewer
BID TABULATION SHEET
Work Days 35
Bid No 2512
PO No
Item Description
Quantity Unit I
Unit Price
Total
1 21 Contractors Warranties and Understandings
LS 1
$ 5% /LS
$16,195.18
Unit Price In Words FM MOW
2 11 5 Inlet
Frame and Cover 10
EA 1
$ 500•00 /EA
$ 5,000.00
Unit Price In Words FM RD MUM
2 12-B
8" Sanitary Sewer 1
458 1
LF
$ 30.00 /LF 1
$13,740 00
Unit Price In Words MY DMARS
2 12 3-E
18" Class III RCP storm sewer
49 1
LF
$ 26•00 /LF 1
$ 1,274 00
Unit Price In Words 'MY 53C 111M
2 12 3-F
36' Class III RCP storm sewer
82 1
LF
$ 78.50 /LF 1
$ 6,437.00
Unit Price In Words M041Y EII' DMLAES Mu Fuw C` M
2 12 3-G
42" Class III RCP storm sewer 1
2145 1
LF
$ 110.50 /LF I
VX,022.50
Unit Price In Words CNE HI1IRED IM DMLW XID FTFiY CEM
3-B
Remove Concrete Curb & Gutter
442
1 LF
$ 10.00 /LF
$ 4,420.00
Unit Price In Words 7rr DMUM
3-G
Remove Concrete Apron
1
I EA
$ 500 00 /EA
$ 500•00
Unit Price In Words FM HUM t>CUX6
34
Remove Concrete Headwall 1
i EA
$ 500-OD /EA
$ 500 00
Unit Price In Words FIVE HHRO MUM
3-1,
Remove 18" RCP
1 14
1 LF
$ 10•00 /LF
1 $ 140•00
Unit Price In Words ON eul2>Its
3-M
Remove 6' Inlet
1
I EA
$1,000.00 /EA
1 $ 1,000.00
Unit Price In Words OE TEMPM I MLW
3-N
emove 10' Inlet
I
EA
1 $ 1.000 00 /EA
$ 1,00000
(Unit Price In Words GE MD[ 10 txuW
m
Cleveland Street from Eagle to Collins
Drainage and Sanitary Sewer
BID TABULATION SHEET
Work Days 35
Bid No 2512
PO No
Item Description Quantity Unit Unit Price
Total
3-A Remove Concrete Valley Gutter 9 SY $ 20 00 /SY
$ 180.00
Unit Price In Words zeu
3 1
Preparation of Right of Way
LS
$ 5% /LS
$16,195 18
Unit Price In Words FM PEFCEN '
3 9
Sod 1
40 1
SY is
10 00 /SY 1
$ 400.00
Unit Price In Words UN DCLLMS
3 107
Hydromulch 1
40 1
SY
$ 2.00 /SY
$ 80 00
Unit Price In Words '1WD DCLIM
3 12
Temporary Erosion Control
I
LS
$ 500.00 /LS
1 $ 500.00
Unit Price In Words D ILMS
5 8
6" Concrete Pavement - Valley Gutter 1
9
1 SY
$ 36.00 /SY
1 $ 324.00
Unit Price In Words 71iany sic [CHAPS
7 6-A-4
Concrete Manhole (4' Internal Diameter)
5
EA
$ 2,000.00 /EA
$ 10,000.00
Unit Price In Words ITAD ZUJM DMUM
7 6-A-5
I Concrete Manhole (6Internal Diameter)
I 1
EA
1 $ 3,000.00 /EA
$ 3,000.00
Unit Price In Words qM %Ulm DC[IAR4
7 6-A-6
Special Inlet
I
EA
$ 2,000.00 /EA
$ 2,000 00
Unit Price In Words %V MULEPM DQIAM
7 6-A-7
10' Curb Inlet
1 3
1 EA
$ 2,000.00 /EA
$ 6,000 00
Unit Price In Words W 01•D SM DC11-M
7 6-A-8
Recessed 10' Curb Inlet
1
EA
$ 2,000 00 /EA
$ 2,000 00
Unit Price In Words TKD 0fDINM DOILW
7 6-A-9
12' X 16 25' Junction Box
I 1
I EA
$ 5,000.00 /EA
$ 5,000 00
Unit Price In Words FNE MELERD DaLW
M
Cleveland Street from Eagle to Collins
Drainage and Sanitary Sewer
BID TABULATION SHEET
Work Days 35
Bid No 2512
PO No
Item Description Quantity Unit Unit Price Total
8 1 Barricades, Warning Signs and Detours LS $ 500.00 /LS $ 500-0
Unit Price In Words FM EIMM DOII746
8 2-A
Install Concrete Curb & Gutter 1
442 1
LF
$ 10.00 /LF
$4,420.00
i
Unit Price In Words 'IIN D I M
SP-2
Concrete Saw Cut
68
LF
$ 2-� LF
$ 1•�
Unit Price In Words TO 17QUIM
SP-4-A
12" Water Line Lowering
15
LF
$ 200.00 LF
$3,000.00
Unit Price In Words ZWD HHIM DMLM
SP-4-13
12" 45 Degree Bends 1
4 1
EA
$ 500•00 /EA
$2,000.OD
Unit Price In Words FIVE MUM DaLW
SP-10
Rock Excavation
50
CY
$ 1.00
Unit Price In Words CM DQSPR
SP-27-B
Sanitary Sewer Service Adjustment
7
EA
IS 300.00 /EA
$2,100.00
Unit Price In Words UM HN3RED 0[LEM
SP-27-A
Water Service Adjustment
1 8
EA
$ 300.00 /EA
$2,400.00
Unit Price In Words 71•M IMM DOLEIi16
SP-37
Excavation Protection
1824
LF
$ 2.00 /LF
1 $3,648•00
Unit Price In Words MO DCEIAR4
SP-39
Pro ect Signs
2
EA
$ 3D0.00 /EA
$ 600-00
Unit Price In Words MEE HHEM ❑OMW
SP-40
Cut and Plug Existing 24" Storm Sewer
1 2
EA
$ 500.OD EA
$1,000.00
Unit Price In Words F1W HIUM OQSPR4
Asphalt Saw Cut
1516
1 LF
$ 200 /LF
I S3,032•00
nUnit Price In Words DFD DoMam
1310
Cleveland Street from Eagle to Collins Work Days 35
Drainage and Sanitary Sewer Bid No 2512
BID TABULATION SHEET PO No
Item Description Quantity Unit Unit Price Total
SP-45 Miscellaneous Sprmkler System Adjustment LS $ •� /LS $
Unit Price In Words FM RMW >CMW
$
$
$
$
Is
$
TOTAL $356'293•86
P11
Massey Street Alternate 1 Work Days 10
Bid No 2512
BID TABULATION SHEET PO No
Item Description
Quantity Unit Unit Price I Total
3 3 Unclassified Excavation
213 81 CY $ 10.00 /CY $ 2,138.10
Unit Price In Words UN DOUJ s
3 107
Hydrbmulch 1
582 1
SY
$ 2.00 /SY
$ 1,164.00
Unit trice In Words TWD DOMW
3 12
Temporary Erosion Control
LS
$ 500.00 /LS
$ 500.00
Unit Price In Words F1W 9142 D DCELM
8 15-B
Grouted Rip Rap Type A 1
44
CY
$ 300.00 CY
$13,200.00
Unit iPrice In Words Z-HE NIUM DMLM
8 15-D
Concrete Pilot Channel
90
SY
$ 36.00 /SY
$ 3,240.00
Unit Price In Words MIRM SIX DMLX;S
815-E
Conprete Rip -Rap
1 44
SY
FOR 36.00 /SY
$ 1,584.00
Unit Price In Words u mIY SIX ❑(7lW
$
1 $
TOTAL $21,826.10
P12
BID SUMMARY
TOTAL BID PRICE IN WORDS *FIVE HUNDRED SEVENTY THREE THOUSAND
� �.•�. � .• a .. .�
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 OONSTRUCTION OOMPANY
CONTRACTOR BY OM �u640A,64�
Don Richards, President
2301 Hinkle, P.O. Box 828
Street Address
Denton, Texas 76201
City and State
Seal & Authorization
(I£ a Corporation) _
(940) 383-3007
Telephone
[•M
BID SUMMARY
PROJECT
Duncan Drive Drainage
Massey Street Box Culvert
Cleveland Street from Eagle to Collins (Drainage
and Sanitary Sewer)
TOTAL
4 Alternate # 1 — Massey Street Alternate
WORK DAYS BID
20
$157,991.90
30
$ 59,491.30
35
$356,293.86
85
$573,777.06
10
$ 21,826.10
Projects 1, 2, and 3 shall be awarded to one contractor Award of the bid shall be based on the
total of these three items If alternate one is awarded, it shall also go to the same contractor
Each project is being kept separate for bookkeeping purposes Total number of workdays need
to be kept
TIMING
Cleveland Street drainage is to begin first as this project is a priority Be advised however, that
Duncan Drive requires a permit from the Texas Department of Transportation This permit will
expire after six months The city is acquiring this permit Work will have to be completed on
that portion effected by the permit prior to the expiration of the permit
In easement acquisition, it became necessary to limit the amount of time that Massey Street is
closed to the public The contractor is responsible for ensuring that Massey will only be closed
for two weeks The existing box will have to be removed and the new box will have to be
installed and a driving surface re-established within a two week period The remaining work on
Massey may proceed after the new boxes are in place and the road is open to traffic
Work must begin on Cleveland and Collins first, followed by Duncan Drive Work may occur
on multiple sections at once if there is sufficient crews Work should be delayed on Massey until
all efforts can be concentrated on this portion of the project
Further discussions concerning timing and project completion will be discussed at the pre -
construction meeting
BOND # C 929162644
EXECUTED IN (4) ORIGINALS
PERFORMANCE BOND
STATE OF TEXAS
COUNTY OF DENTON
KNOW ALL MEN BY THESE PRESENTS That D R T2 f nnetrnrnnn
whose address is 7701 Hinkle, P 0 Any AIR nrntnn, Tx 76201
hereinafter called Principal, and rrnnt.imental ras„aity Company
a corporation organized and existing under the laws of the State of Teyng
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 Five t tutelrod Sixty
Scum Thnncand Thrt�- Hundred Ninely Nine and 70/100 IXILLARS (f %2,199 7A) 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 ')(M-7n7 , with
the City of Denton, the Owner, dated the . 20 day of 111no A D _?(=, a copy of which
is hereto attached and made a part hereof, for Rid 2517-T)jinran. Mac rtnarland, raring
TIrasnage
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 compteuon 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 retrain in full force and effect
PB - 1
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 hereto 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 _& copies, each one of which
shall be deemed an original, this the _ 70 day of _June , _M
ATTEST
XW e s
BY
PRINCIPAL
•u .�i z
0 W, TIMM
SURETY
CON TAL CAS LTY COMPA
BY
ATTORN -IN-FACT
Cheryl L. Humphrey
The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service
of the process is
NAME cnrPry Solutions Agency Inc
STREET ADDRESS 16801 Addison Road :1045. Add9 ann Texas '25001
(NOTE Date of Performance Bond must be date of Contract If Resident Agent is not a
corporation, give a person's name )
PB-2
BOND 4C929162644
PAYMENT BOND
STATE OF TEXAS
EXECUTED IN (4) ORIGINALS
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS That T1 R R Constr„et,nn ,
whose address is 7301 14inklP P D Ray 82R 'Denton TY 761AI
,
hereinafter called Principal, and Contimental Ca c„a 1 t y C mp n ,
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, firths, and corporations who
may furnish materials for, or perform labor upon, the building or improvements hereinafter
referred to, in the penal sum of plyp Lrnrntred Q,vtn SeVen Thoncand Three Uundred N,nety
Nine and 7n/tin DOLLARS ($ c67�?B) 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 7(M-7n7 , with
the City of Denton, the Owner, dated the 2_ day of Tune A D _2ma-, a copy of
which is hereto attached and made a part hereof, for R,n'2517 17111=20 Mag=Y ("PvelanA
t`nih an_ nr9imp.
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 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
PB-3
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 -21L day of -Tune-, 7M
ATTEST
Witness:
X&YEM
BY
PRINCIPAL
sir OW 4
�.. -
SURETY
TAL CAS U TY, COMPANY
BY
AT -TORN -IN -FACT
Cheryl L. Humphrey
The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service
of the process is
STREET ADDRESS 16801 Addison Road #245 Addison ITexas 75001
(NOTE Date of Payment Bond must be date of Contract If Resident Agent is not a
corporation, give a person Is name )
PB-4
Contract 2512 Duncan Massey, Cleveland Collins Drainage 6 2000
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT
Know All Men By These Presents, That CONTINENTAL CASUALTY COMPANY, an Illinois corporation NATIONAL FIRE
INSURANCE COMPANY OF HARTFORD, a Connecticut corporation, AMERICAN CASUALTY COMPANY OF READING,
PENNSYLVANIA, a Pennsylvania corporation (herein collectively called "the CCC Surety Companies") are duly organized and existing
corporations having their principal offices in the City of Chicago and State of Illinois and that they do by virtue of the signature and seals
herein affixed hereby make, constitute and appoint
Cheryl L Humohrev. Shane A Humohrev. Individualtv
their true and lawful Attorney(s}in-Fact with full power and authority hereby conferred to sign seal and execute for and on their behalf
bonds, undertakings and other obligatory Instruments of similar nature
- In Unlimited Amounts -
and to bind them thereby as fully and to the same extent as if such Instruments were signed by a duly authorized officer of their corporations
and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed
This Power of Attorney is made and executed pursuant to and by authority of the By -Laws and Resolutions, printed on the reverse
hereof duly adopted, as indicated by the Boards of Directors of the corporations
In Witness Whereof, the CCC Surety Companies have caused these presents to be signed by their Group Vice President and their
corporate seals to be hereto affixed on this 11th day of July , 2000
CAs<up glove
coaraua
tJU5 •
SEAL 19112
CONTINENTAL CASUALTY COMPANY
NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
AMERICAN CASUALTY COMPANY OF READING PENNSYLVANIA
Michael Gengler Group Vice President
State of Illinois County of Cook as
On this 11th day of July 2000 before me personally came
Michael Gengler, to me known, who, being by me duly sworn, did depose and say that he resides in the City of Chicago, State of Illinois
that he is a Group Vice President of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA described in and which executed the above Instrument, that he
knows the seals of said corporations, that the seals affixed to the said Instrument are such corporate seals, that they were so affixed
pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority
and acknowledges same to be the act and deed of said corporations
• 'OFFICIAL SEAL" 0
2 DIANE FAULKN
ibWy pulps, tbtt of Binds • �Q,
My rprltnif "I pltpires 9117101 f
My Commission Expires September 17 2001 Diane Faulkner Notary Public
CERTIFICATE
I, Mary A Ribikawskis Assistant Secretary of CONTINENTAL CASUALTY COMPANY NATIONAL FIRE INSURANCE COMPANY OF
HARTFORD, and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA do hereby certify that the Power of Attorney herein
above set forth Is still in force, and further certify that the By -Law and Resolution of the Board of Directors of each corporation printed on the
reverse hereof are still in force In testimony whereof I have hereunto subscribed my name and affixed the seals of the
said corporations this 7 f) t, ay of ,111 n P 9,00
CONTINENTAL CASUALTY COMPANY
�t�y� 'ttTj. WSU9 ob:
NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
�q /g�►��AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA
Z 13RgH 1e97 NO"
Mary A Ribikawskis Assistant Secretary
(Rev 10/1/97)
07/24/2000 07 21
9405662670
DBR CONST CO
PAGE 02
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AUG 02 00 (WED) 16 45 CITY OF DENTON PURCHASING 940 349 7302 PAGE 2/9
CITY OF DENTON
INSURANCE REQUIREMENTS FOR CONTRACTORS
Buider's attention is directed to the insurance requirements below It is highly
recommended that bidders conifer with their respective insurance carriers or brokers to
determine in advance of Bid submission the availability of insurance certi Bates 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 gJter not(fication 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 clarif cation 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 q ter 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 volunteers, or, the contractor shall procure a bond
guaranteeing payment of losses and related investigations, claim administration and
defense expenses
Cl - I
AUG 02
00
(WED)
16 46 CITY OF DENTON PURCHASING 940 349 7302
PAGE 3/9
•
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 ifs•
"SAID POLICY SHALL. NOT BE CANCELLED, NONRENEWED OR
MATERIALLY CHANGE WITHOUT 30 DAYS ADVANCED WRITTEN
NOTICE BEING GIVEN TO THE OWNER (CITY) EXCEPT WHEN THE
POLICY IS BEING CANCELLED FOR NONPAYMENT OF PREMIUM IN
WHICH CASE 10 DAYS ADVANCE WRITTEN NOTICE IS REQUIRED".
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 of coverage that
include,; 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
Cl_2
AUG 02 00 (WED) 16 46 CITY OF DENTON PURCHASING 940 349 7302 PACE 4/9
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS:
All insurance policies proposed or obtained in satisfaction of this Contract shall additionally
comply with the following marked spe0fications, and shall be maintained in compliance with
these additional spec(lloations throughout the duration of the Contract, or longer, if so noted:
I x I 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 explosion, collapse or underground (XCU)
exposures
Broad form contractual liability (preferably by endorsement) covering this
contract, personal injury liability and broad form property damage
liability
[ X ) Automobile Liability Insurance:
Contractor shall provide Commercial Automobile Liability insurance with Combined
Single Limits (CSL) of not less than 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
CI-3
AUG 02
00
(WED) 16 46 CITY OF DENTON PURCHASING 940 349 7302 PACE
5/9
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 I Workers Compensation Insurance
Contractor shall purchase and maintain Worker's Compensation insurance which, in
addition to meeting the mmunum 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 lint for occupational disease The City now
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 0% 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 arise in the prosecution of the work or Contractor's operations under this
contract Coverage shall be on an "occurrence" basis, and the policy shall be issued by
the same insurance company that carries the Contractor's liability insurance Policy
limits will be at least combined bodily injury and property damage per
occurrence with a aggregate
[ I 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
[ I 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
CI-4
AUG 02 00 (WED) 16 46 CITY OF DENTON PURCHASING 940 349 7302 PAGE 6/9
[ ] 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
[ j 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
coptract, that requirement will be described in the "Specific Conditions" of the contract
specifications
ATTACHMENT 1
( X I 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'slperson's work on the project
has been completed and accepted by the governmental entity
Persons providing services on the project ("subcontractor" in §406 096)
- includes all persons or entities performing all or part of the services the
contractor has undertaken to perform on the project, regardless of
whether that person contracted directly with the contractor and
regardless of whether that person has employees. This includes,
without limitation, independent contractors, subcontractors, leasing
companies, motor carriers, owner -operators, employees of any such
entity, or employees of any entity which furnishes persons to provide
services on the project "Services" include, without limitation, providing,
hauling, or delivering equipment or materials, or providing labor,
transportation, or other service related to a project "Services" does not
include activities unrelated to the project, such as food/beverage
vendors, office supply deliveries, and delivery of portable toilets
CI-6
AUG 02 00 (WED) 16 47 CITY OF DENTON PURCHASING 940 349 7302 PACE 7/9
B The contractor shall provide coverage, based on proper reporting of
classification codes and payroll amounts and filing of any overage
agreements, which meets the statutory requirements of Texas Labor
Code, Section 401.011(44) for all employees of the Contractor providing
services on the project, for the duration of the project.
C. The Contractor must provide a certificate of coverage to the
governmental entity prior to being awarded the contract.
D. If the coverage period shown on the contractor's current certificate of
coverage ends during the duration of the project, the contractor must,
prior to the end of the coverage period, file a new certificate of coverage
with the governmental entity showing that coverage has been extended
E. The contractor shall obtain from each person providing services on a
project, and provide to the governmental entity.
(1) a certificate of coverage, prior to that person beginning work on the
project, so 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.
CI-6
AUG 02 00 (WED) 16 47 CITY OF DENTON PURCHASING 940 349 7302 PAGE 8/9
1 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;
M provide the contractor, prior to the and 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;
14) 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 11) - (7), with the certificates of
coverage to be provided to the person for whom they are providing
services.
CI-7
AUG 02 00 (WED) 16 47 CITY OF DENTON PURCHASING 940 349 7302 PACE 9/9
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,
cl-8