2001-006 ORDINANCE NO
AN ORDINANCE ACCEPTING COMPETITIVE BiDS AND AWARDING A PUBLIC WORKS
CONTRACT FOR THE CONSTRUCTION OF SANITARY SEWER LINES, PROViDING FOR
THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE
(BD 2576 -UNDERWOOD PHASE II SANITARY SEWER LINES AWARDED TO ZEISS
UTILITIES, INC, IN THE AMOUNT OF $238,092 20)
WHEREAS, the City has sohmtcd, reemved and tabulated competitive bids for the
construction ofpubhc 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 herren described b~ds are the lowest responsxble [nds for the construction of the public works or
improvements described in the b~d ~nv~tat~on, bid proposals and plans and speclficatxons therein,
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the following competitive bids for the construction of pubbc works or
improvements, as described ~n the "Bid Inwtatlons", "Bid Proposals" or plans and specifications on
file in the Office of the Cxty'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
2576 Zmss Utilities, [nc $238,092 20
SECTION II That the acceptance and approval of the above competitive bids shall not
constitute a contract between the C~ty 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 Not~ce to B~dders ~nclu&ng the t~mely execution ora written contract
and furnishing of performance and payment bonds, and insurance certificate after notfficatlon of the
award of the bid
SECTION III That the City Manager ~s hereby authorized to execute all necessary written
contracts for the performance of the constructmn of the public works or ~mprovements in accordance
with the bids accepted and approved herein, provided that such contracts are made in accordance
with the Not,ce to B~dders and Bid Proposals, and documents relating thereto spemfymg the terms,
conditions, plans and spemficat~ons, 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 pubhc works and tmprovements as authorized here~n, the C~ty Counctl
hereby autchonzes the expenditure of funds ~n the manner and ~n the amount as specffied ~n such
approved b~ds and authorized contracts executed pursuant thereto
SECTION V That this ordinance shall become effective ~mme&ately upon ~ts passage and
approval
PASSED AND APPROVED th's the ~7~ ~ ~~
day of ,2001
EUL1NE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
BID 2576 - CD/NTP~CTUAL ORDINANCE 8-2001
CONTRACT AGREEMENT
STATE OF TEXAS §
COUNTY OF DENTON §
THIS AGREEMENT, made and entered into this 2 day of_J. anaary.~A D, 2001,
by and between City of Denton of the County of Johnson and
State of Texas, acting through Mmhael W. lez thereunto duly authorized so to do,
heremafter termed "OWNER," and
Zems lltihtles
755 N Burleson Blvd. C3 Mallxng Address P O Box 578
Burleson, Tx 76097-0578
Burleson: TX 76028
of the City of Burleson , County of Johnson and State of Texas
hereinafter termed "CONTRACTOR"
WITNESSETH That for and m cons~deranon~..of'~e payments and agreements
hereinafter mentioned, to be made and performed/b3rOWNER, and under the conditions
expressed in the bonds attached hereto, CONT~CTOR hereby agrees with OWNER to
commence and complete performance of the wo[?specffied below
/
R~d 2576 - Underwood Pha~e II Samtary Seweq l.~nes
/
in the amount of ~ and al~x.~xtra wor~n~, connection therewith, under the
terms as stated in the General Condtttons of th~grc~ment, and at his (or their) own proper
cost and expense to furnish all materials, supphes, 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 (Advemsement 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- I
and the Specifications therefore, as prepared by
Engineering and Transportation Department
all of wfuch are referenced herein and made a part hereof and collectively evidence and
constitute the entire contract
Independent Status
It ~s mutually understood and agreed by and between City and Contractor that
Contractor ~s an ~ndependent contractor and shall not be deemed to be or constdered an
employee of the Ctty of Denton, Texas, for the purposes of ~ncome tax, w~thholdtng, socml
security taxes, vacatmn or sick leave benefits, worker's compensatton, or any other C~ty
employee benefit City shall not have superws~on and control of Contractor or any employee
of Contractor, and ~t ~s expressly understood that Contractor shall perform the serwces
hereunder according to the attached specfficattons at the general d~rectton of the Ctty Manager
of the City of Denton, Texas, or h:s designee under this agreement
Indemmficatmn
Contractor shall and does hereby agree to ~ndemmfy and hold harmless the Cay of
Denton from any and all damages, loss, or habd~ty of any kmd whatsoever, by reason of injury
to property or third persons occasioned by any error, om~ssmn or neghgent act of Contractor,
tts officers, agents, employees, tnvttees, and other persons for whom tt is legally hable, w~th
regard to the performance of this Agreement, and Contractor will, at tts cost and expense,
defend and protect the C~ty of Denton against any and all such clatms and demands
Chmce of Law and Venue
Thts agreement shall be governed by the law of the State of Texas and venue for its
construction and enforcement shall he m the courts of Denton County, Texas
The CONTRACTOR hereby agrees to commence work on or after the date estabhshed
for the start of work as set forth m written nottce to commence work and complete all work
wlthm the tune stated m the Proposal, subject to such extensions of time as are provided by the
General and Specml Conditions
The OWNER agrees to pay the CONTRACTOR m current funds the price or prices
shown m the Proposal, whmh forms a part of tfus contract, such payments to be subject to the
General and Specml Cond~ttons of the Contract
CA - 2
IN WITNESS WHEREOF, the parties of these presents have executed this agreement
the year and day first above written ~
(SEAL)
ATTEST
CONTRACTOR
MAILING ADDRESS
PHONE NUMBER
FAX NUMBER
/~7[~
APPROVED AS TO FORM P~NTED NAME
~~A~ (SEAL)
c~vY XTToRNEY '- /
CA - 3
PERFORMANCE BOND
STATE OF TEXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS That Zeiss Utilities whose address is
755 N BurlesonBlvd C3, Burleson, TX 76028 , hereinafter called Prmclpal, and
CCt~,~[ 2~xz[et-o,t'X~¥t~ Cct,Oofct_~Or~, a corporation organized and
existing under the laws of the Sta(e of IDX , and fully authorized to transact
business m the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a
municipal corporation orgamzed and existing under the laws of the State of Texas, hereinafter
called Owner, in the penal sum of Two Hundred Thirty Nine Thousand Ninety Two and
20/100 DOLLARS ($ 239,092 20 ) plus ten percent of the stated penal sum as an additional
sum of money represenUng 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 brad 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 2001-006, with the
City of Denton, the Owner, dated the 2 day of January A D 2001, a copy of which is
hereto attached and made a part hereof, for Bid # 2576 - Underwood Phase II Sanitary Sewer
Lines
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 not~ce
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 lndemmfy 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 obhgatlon shall be
void, otherwise, it shall remain in full force and effect
PB - 1
PROVIDED FURTHER, that ~f any legal actton be filed upon th:s Bond, exclusive
venue shall he tn Denton County, State of Texas
AND PROVIDED FURTHER, that the satd Surety, for value received, hereby
stipulates and agrees that no change, extension of t~me, alteration or addition to the terms of
the Contract, or to the Work to be performed thereunder, or to the Plans, Specfficatmns,
Drawings, etc, accompanymg the same, shall m anywise affect its obhgat~on on th~s Bond,
and ~t does hereby wmve nonce of any such change, extension of nme, alteranon or addttmn to
the terms of the Contract, or to ~e Work m be performed ~ereunder, or to ~e Plans,
SpecfficaUons, Drawmgs, etc
Th~s Bond ~s g~ven pursuit to ~e provts~ons of Chapter 2253 of ~e Texas
Goverment Code, as mended, and ~y other apphcable statutes of ~e State of Texas
The undersigned ~d designated agem ~s hereby designated by the Sure~ hereto as ~e
Resident Agent m Denton Coun~ to whom any reqms~te notices may be dehvered ~d on
whom serwce of process my be had m matters ansmg out of such suretyship, as prowded by
Article 7 19-1 of ~e Insuran~ Code, Vernon's A~otated C~wl Statutes of the State of Texas
IN WITNESS WHE~OF, ~ts ~mmment ~s executed ~n 4 cop~es, each one of
whmh sh~l be deemed an ongt~l, ~s ~e 2 day of
ATTEST
BY
SECRETARY BY
ATTEST SURETY
p t0 ndem
/ATTORNEY~IN-FACT
The Resident Agem of ~e Surety m Denton County, Texas for dehvery of notme and serwce
of the process ~s
NAME ~~ON IN~NO~
STREET ADDRESS
(NOTE Date of Pe~or~nce Bond must be date of Contract If Restdent Agent ts not a
corporation, gtve a person's ~me )
PB - 2
PAYMENT BOND
STATE OF TEXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS That Zelss Utlhtles , whose address is
755 N Burleson Blvd C3, Burleson, TX 76028 , hereinafter called Principal, and
C_C~, ~fi-E)~ _~r-x~r'r~rl C_.tD('~C:CC6'/2~lrt'~--. a corporation organized and
ex~stmg under the laws of the State~f LO'X- , and fully authorized to transact business in
the State of Texas, as Surety, are held and firmly bound unto the C~ty of Denton, a mumclpal
corporation orgarazed and existing under the laws of the State of Texas, hereinafter called
Owner, and unto all persons, finns, and corporations who may furnish materials for, or
perform labor upon, the building or unprovements hereinafter referred to, in the penal sum of
Two Hundred Thmty Nine Thousand Ninety Two and 20/100 DOLLARS ($239,092 20) ~n
lawful money of the Umted 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 he~rs, executors,
admlmstrators, 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 whmh ~ncreases 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
Pnnc~pal entered into a certam Contract, ldent~fted by Ordinance Number 2001-006 , w~th
the C~ty of Denton, the Owner, dated the 2 day of January A D 2001 , a copy of
which is hereto attached and made a part hereof, for B~d 2576 - Underwood Phase II Sanitary
Sewer Lines
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties
and make prompt payment to all persons, firms, subcontractors, corporations and claunants
supplying labor and/or material in the prosecution of the Work provided for in said Contract
and any and all duly authorized modfficatlons of sa~d Contract that may hereafter be made,
notice of which modfficat~ons to the Surety being hereby expressly waived, then this obhgat~on
shall be void, otherwise ~t shall remain ~n full force and effect
PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive venue
shall lie m 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 addmon to the terms of
the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications,
Drawings, etc, accompanymg the same, shall in anywise affect ~ts obligation on this Bond,
and it does hereby waive noUce 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
PB - 3
Thts Bond is g~ven pursuant to the prows~ons of Chapter 2253 of the Texas
Government Code, as amended, and any other apphcable statutes of the State of Texas
The understgned and designated agent ts hereby designated by the Surety heretn as the
Resident Agent m Denton County to whom any reqmslte notices may be dehvered and on
whom serwce of process may be had m matters arising out of such suretyship, as provided by
Article 7 19-1 of the Insurance Code, Vernon's Annotated Clwl Statutes of the State of Texas
IN WITNESS WHEREOF, th~s mstrument ~s executed ~n 4 cop~es, each one of
which shall be deemed an original, th~s the 2 day of _lanuar~, .2.002
ATTEST PRINCIPAL
BY
SECRETARY BY
ATTEST SURETY
Capitol,.Dqdemnity Corporation
ATTORNEY-IN-FACT
The Resident Agent of the Surety in Denton County, Texas for dehvery of not~ce and serwce
of the process ~s
BOLEY- FEATHER~'O~ II~J~
NAME
STREET ADDRESS, 7-V
(NOTE Date of Payment Bond must be date of Contract If Restdent Agent ts not a
corporatton, gtve a person ts name )
PB - 4
INDEMNITY CORPORATION
D 4610 UNIVERSITYAVENUE SUITE 1400 MADISON WISCONSIN 53705 0900
PLEASE ADDRESS REPLY TO PO BOX 5900 MADISON WI 53705 0900
PHONE (608) 231 4450 · FAX (608) 231 2029
POWER OF ATTORNEY No 5 6 5 5 4 ~.
,3T~at the a
,as' ~ly,. em a~ ,ts act an~
~ er unae~m~ er contract o~
of
This Pawe~
aesoiutto~,~
on the
ce~hcate
b~ ned by
~t day t999
~ ~ ~ ~PlTOL INDEMNITY CORPORATION
, ~,,~. , , · ~ ,
~, xBe~d of
CITY OF DENTON
INSURANCE REQUIREMENTS FOR CONTRACTORS
Btdder's attentton ts directed to the insurance requirements below It ts highly recommended
that btdders confer with their respective msurance careers or brokers to determine tn advance
of Bid submission the availability of insurance certtftcates and endorsements as prescribed
and provided herein. If an apparent Iow bidder fads to comply strictly with the msurance
requtrements, that btdder may be disquahfied from award of the contract. Upon bid award, all
msurance requirements shall become contractual obhgattons, whtch the successful bidder
shah have a duty to maintain throughout the course of thts contract
STANDARD PROVISIONS:
Wtthout hmttmg any of the other obhgattons or habdtttes of the Contractor, the Contractor shall
provtde and matntam unttl the contracted work has been completed and accepted by the Ctty of
Denton, Owner, the mtmmum tnsurance coverage as tndtcated heretnafter
As soon as practicable after nottficatton of btd award, Contractor shall file wtth the Purchastng
Department sat,sfactory certtficates of msurance, contatmng the btd number and tttle of the
project Contractor may, upon wrttten request to the Purchastng Department, ask for
clartficatton of any tnsurance requtrements at any ttme, however, Contractors are strongly
advtsed to make such requests prtor to btd openmg, stnce the tnsurance requtrements may not be
modtfied or watved after btd opemng unless a written exceptton has been submttted wtth the btd
Contractor shall not commence any work or dehver any matertal unttl he or she receives
nottficatton that the contract has been accepted, approved, and stgned by the Ctty of Denton.
AH tnsurance pohctes proposed or obtatned tn sattsfactton of these requtrements shah comply
wtth the followtng general spectficattons, and shall be matntatned tn comphance wtth these
general spectficattons throughout the duratton of the Contract, or longer, tf so noted
· Each pohcy shall be ~ssued by a company authorized to do business tn the State of
Texas w~th an A M Best Company rating of at least A
· Any deducttbles or self-insured retentions shall be declared ~n the bid proposal If
requested by the Ctty, the insurer shall reduce or ehmmate such deductibles or
self-msured retenttons w~th respect to the C~ty, its officials, agents, employees and
volunteers, or, the contractor shall procure a bond guaranteeing payment of losses
and related ~nvesttgat~ons, claim admlmstrat~on and defense expenses
· Lmbfltty pohcles shall be endorsed to provide the following
· . Name as additional insured the City of Denton, ~ts Officmls, Agents,
Employees and volunteers
o, That such insurance ~s primary to any other ~nsurance avalable to the
additional insured with respect to clams covered under the pohcy and that this
insurance applies separately to each msured against whom clam ~s made or
sat is brought The inclusion of more than one insured shall not operate to
increase the insurer's hmlt of habthty
· All pohcies shall be endorsed to
"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 clams-made form,
Contractor shall mamtmn such coverage continuously throughout the term of this
contract and, w~thout lapse, for a period of three years beyond the contract exp~ratxon,
such that occurrences ansmg dunng the contract term whmh give nsc to clams made
after expiration of the contract shall be covered
· Should any of the reqmred insurance be prowded under a form of coverage that
~ncludes a general annual aggregate hmlt providing for clams investigation or legal
defense costs to be ~ncluded m the general annual aggregate limit, the Contractor
shall e~ther double the occurrence hmlts or obtan Owners and Contractors Protective
Liability Insurance
· Should any required insurance lapse dunng the contract term, requests for payments
originating after such lapse shall not be processed until the City receives satisfactory
evidence of remstated coverage as required by this contract, effective as of the lapse
date If insurance is not reinstated, City may, at its sole option, terminate this
agreement effective on the date of the lapse
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS:
All tnsurance pohctes proposed or obtained tn sattsfactton of thts Contract shall addtttonally
comply wtth the followtng marked spectficat~ons, and shall be rnaznta~ned tn comphance wtth
these addlttonal spectficattons throughout the duratton of the Contract, or longer ~f so noted
[X] A General L~abthty Insurance
General Liability insurance w~th combined single limits of not less than
shall be provided and mantaned by the Contractor The pohcy shall be written on
an occurrence bas~s either in a single pohcy or in a combination of underlying and
umbrella or excess pohcles
If the Commercial General Llabd~ty form (ISO Form CG 0001 current edition) ts
used
· Coverage A shall include premises, operations, products, and completed
operations, independent contractors, contractual bablllty covenng 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 Ltabthty form (ISO Form GL 0002 Current Edmon
and ISO Form GL 0404) ~s used, tt shall include at least
· Bodily injury and Property Damage Ltabthty for premises, operations,
products and completed operations, independent contractors and property
damage resulting from explosion, collapse or underground (XCU)
exposures
· Broad form contractual habthty (preferably by endorsement) covenng this
contract, personal injury habfltty and broad form property damage habthty
[X] Automobile Liability Insurance.
Contractor shall provide Commerctal Automobtle Ltabthty msurance w~th Combined
Sxngle Ltm~ts (CSL) of not less than ~,l:OOof}oo either m a single policy or in a
combination of bastc and umbrella or excess pohcles The policy wtll include bodily
inJUry and property damage habfllty arising out of the opcratxon, maintenance and use of
all automobiles and mobile eqmpment used tn conjunctton w~th thts contract
Satlsfactmn of the above reqmrement shall be m the form of a pohcy endorsement for
· any auto, or
· all owned, hired and nomowned autos
IX] Workers Compensation Insurance
Contractor shall purchase and maintain Worker's Compensation insurance which, in
addition to meeting the minimum statutory reqmrements for issuance of such insurance,
has Employer's Lmbdtty hm~ts of at least $100,000 for each accident, $100,000 per each
employee, and a $500,000 policy hmtt for occupational d~sease The City need not be
named as an "Addttmnal Insured" but the insurer shall agree to waive all rights of
subrogatmn agmnst the C~ty, its officials, agents, employees and volunteers for any work
performed for the City by the Named Insured For buddmg or construction projects, the
Contractor shall comply w~th the provisions of Attachment 1 tn accordance with
§406096 of the Texas Labor Code and role 28TAC 110 110 of the Texas Worker's
Compensation Commission (TWCC)
[ ] Owner's and Contractor's Protective Llabdity Insurance
The Contractor shall obtmn, pay for and maintain at all times dunng the prosecution of
the work under this contract, an Owner's and Contractor's Protective Lmbthty insurance
pohcy naming the City as insured for property damage and boddy inJury whtch may arise
m the prosecution of the work or Contractor's operations under this contract Coverage
shall be on an "occurrence" bas~s, and the pohcy shall be ~ssued by the same insurance
company that tames the Contractor's habdlty insurance Pohcy limits will be at least
combined bodily inJUry and property damage per occurrence w~th a
aggregate
[ ] Fire Damage Legal Liability Insurance
Coverage ~s reqmred if Broad form General Llabthty is not provided or ~s unavmlable to
the contractor or ~f a contractor leases or rents a port~on of a Ctty bmld~ng Limits of not
less than each occurrence are reqmred
[ ] Professional Llabfl:ty Insurance
Profesmonal llabllxty ~nsurance w~th hm~ts not less than per claim with
respect to neghgent acts, errors or omissions ~n connection w~th profesmonal servmes is
reqmmd under this Agreement
[ ] Builders' Rask Insurance
Budders' R~sk Insurance, on an All-R~sk form for 100% of the completed value shall be
provided Such pohcy shall ~nclude as "Named Insured" the City of Denton and all
subcontractors as their interests may appear
[ ] Addmonal Insurance
Other insurance may be reqmred on an md~wdual barns for extra hazardous contracts and
specific servme agreements If such add~tmnal ~nsurancc is rcqmred for a specific
contract, that reqmrement w~ll be described m thc "Specific Cond~tlons" of thc contract
specifications
ATTACHMENT 1
IX] Worker's Compensation Coverage for Building or Construction ProJects for
Governmental Entities
A Defimtlons
Certificate of coverage ('certlficate")-A copy of a certificate of insurance, a
certificate of anthonty to self-insure issued by the commlasion, or a coverage
agreement (TWCC-S1, TWCC-82, TWCC-83, or TWCC-84), showing statutory
workers' compensation insurance coverage for the person's or entlty~s employees
providing services on a project, for the duration of the project
Duration of the project - includes the time from the beginning of the work on the
project until the contractorYperson's work on the project has been completed and
accepted by the governmental entity
Persons providang 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 hmltat~on, independent contractors, subcontractors, leasing companies,
motor careers, owner-operators, employees of any such entity, or employees of any
entity which furnishes persons to provide services on the project "Services" include,
without hmltat~on, providing, hauling, or dehvering equipment or materials, or
providing labor, transportatwn, or other service related to a project 'Services' does
not include activities unrelated to the project, such as food/beverage vendors, office
supply dehver~es, and dehvery of portable toilets
B The contractor shall provide coverage, based on proper reporting of classification
codes and payroll amounts and filing of any overage agreements, which meets the
statutory requirements of Texas Labor Code, Section 401 011(44) for all employees
of the Contractor providing services on the project, for the duration of the proJect
C The Contractor must provide a certificate of coverage to the governmental entity
prior to being awarded the contract
D If thc coverage per~od shown on the contractor's current certificate of coverage ends
during the duration of the project, the contractor must, prior to the end of thc
coverage period, file a new certificate of coverage with the governmental entity
showing that coverage has been extended
E The contractor shall obtasn from each person providing servmes 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 prowdmg 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 penod shown on the
current certificate of coverage ends dunng the duration of the project
F The contractor shall retain all required certfficates of coverage for the duration of the
project and for one year thereafter
G The contractor shall notify the governmental entity in writing by certffied mml or
personal delivery, within 10 days after the contractor knew or should have known, of
any change that materially affects the provm~on of coverage of any person provl(hng
services on the project
H The contractor shall post on each project site a notme, in the text, form and manner
prescribed by the Texas Workers' Compensation Commission, informing all persons
providing serwces 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) prowde coverage, based on proper reporting of classification codes and payroll
amounts and filing of any coverage agreements, which meets the statutory
reqmrements of Texas Labor Code, Sectmn 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 prowdlng services on the project, for the duration of
the project,
(3) prowde the contractor, prior to the end of the coverage period, a new certificate
of coverage showing extension of coverage, ~f the coverage period shown on
the current certificate of coverage ends during the duration of the project,
(4) obtmn from each other person w~th whom tt contracts, and prowde to the
contractor
(a) a certfficate of coverage, prior to the other person beglnmng work on the
project, and
(b) a new certfficate 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 dunng the duration of the project,
(5) retmn all required certfficates of coverage on file for the durataon of the project
and for one year thereafter,
(6) not~fy the governmental entity m writing by certafied mall or personal delivery,
wltlun 10 days after the person knew or should have known, of any change that
materially affects the provaslon of coverage of any person provlthng services
on the project, and
(7) contractually reqmre each person with whom it contracts, to perform as
reqmred by paragraphs (1) - (7), wath the certfficates of coverage to be
provided to the person for whom they are provadang servmes
J By s~gmng thas contract or providing or causing to be pmvlded a certificate of
coverage, the contractor as representing to the governmental entaty that all employees
of the contractor who will provide servmes on the project wall be covered by workers'
compensation coverage for the duration of the project, that the coverage wall be
based on proper reportang of classfficatlon codes and payroll amounts, and that all
coverage agreements wall be filed wath the appropriate ansurance career or, in the
case of a self-insured, with the commasslon's D~vlslon of Self-Insurance Regulation
Provad~ng false or m, sleadlng anformataon may subject the contractor to
admlmstratlve penaltaes, criminal penaltaes, clwl penalties, or other c~vd actaons
K The contractor's failure to comply with any of these proms~ons ~s a breach of contract
by the contractor whmh entatles the governmental entaty to declare the contract void
~f the contractor does not remedy the breach wathan ten days after receapt of notme of
broach from the governmental entaty
Bid 2576- Underwood Phase Ii Sanltar~ Sewer Lines - CONTRACT, Bonds & INS 1-2001
BID SUMMARY
TOTAL BID ?RIC£ IN WORDS
-
In the event of the award of a contract to the undersigned, the unders~gued will furmsh a
performance bond and a payment bond for the full amount of the contract, to secure proper
complmnce w~th the terms and provisions of the contract, to insure and guarantee the work until
final completion and accoptance, and to guarantee payment for all lawful clamas for labor
performed and matermls furmshed m the fulfillment of the contract
It Is understood that the work proposed to be done shall be accepted, when fully completed and
finished m accordance wtth the plans and specifications, to the sat~sfaction of the Engineer
The undersigned certifies that the btd prices contained m th~s proposal have been carefully
checked and are subnutted as correct and final
Umt and lump sum pr~ees as shown for each ~tem hsted m this proposal, shall control over
extensions
CONTRACTOR
Street Address
C~ ~d S~te
Seal & Authormauon
(If a Co~orauon) 8/7- ~6'qO~
Telephone
B-1
Underwood Phase II Work Days
B~d No
BID TABULATION SHEET P O No
. 21 ContractorsWarrantxesandUnderstand~n$s ]LS /$ .~/::~0 °°/ LS
UmtPnce~Words ~-~~ ~ ~ C~
12 6" Sam~ Sewer 486 LF
UmtencelnWords ~d~ ~%'~ C~
'2B 8"San,ta. Sewer I ,oo, I,
12 C tO" Samtau Sewer 1422 LF Is20~ rF
2 12 D 10" Ducnle Iron Samta~ Sewer ~ I 30 LF $ ~ ~<> / LF
UmtPnce~Words ~~ d~~ ~ ~
A RemoveConcretemad [ 1 EA $ ~o, /EAl$~oOoo
3 B Remove Concrete Pavement and Valley Ou~ers 50 I SY $ ]~ oo / SY
Remove Concrete SY $ ~ ~
C R~p-Rap 3 /OO SY
t PreparanonofR~ghtofWay LS $ /O~~ / LS
104 BroadcastSeedmg 287 SY $ ~ ~ SY
Temporau Erosmn Consol * d' o~
~2 LS $ ~0~ / LS
~ 8 ~ Concrete Pavement 6" (Valley Gu~er ) 6 SY 27 SY
9/19/OO P 3
Underwood Phase II Work Days
B~d No
BID TABULATION SHEET P O No
5 8-B Conclrete Pavement 8 (Street) 44 [ SY ~ $ ~ oo / SY
Umt Pace In Words ~ )l//~ ~
76-A ConcreteManhole(4'ID) [ 7 EA $ ~q~O / EA
76B ConereteManhole(5'lD) ] ~ ~ EA $ ~7~ /EA
76-C DropMa~ole(4'lD) 2 EA $ ~OO / EA
7 6 D DropManhole(5'ID) ' ] , .., /
76-E Rebuild 5-Foot M~ole I'&/ EA $ /EA
Umt Pnee M Wor~
l Bamcade,, Warning SlVs and Deto~s ] LS * a OOO~ / LS
UmtPnceInWords ~~~~ ~ ~
14 M~scellaneous Fence LS $ //~ *~ / LS
UmtPncelnWords V~~~~ ~ ~
15 Concrete Rip-Rap [ 3 SY $ /OO ~ / SY
Unit Pr,ce In Words O~n~ ~ ~ ~ ~
WS 18 Samta~SewerSemce q~ ~ EA $ /ffOOaa /EA
WS 27 Remove Manhole ~ 3 EA $ /~ oo / EA
UmtePncelnWords V~~/~~~ ~
WS 30 Break Into Existing Manhole [ 1 EA $ /~0 ~ / EA
UmtPrmeXnWords ff~-~~ ~~ ~
SP2 Concrete Saw C~t ] 182 LF $ ~~ /LF $ ~
Umt~eelnWords ~-~ ~ %~ ~
9/19/00 P 4
U.derwood Phase II Work Days 65
Bid No ~5'q b,
BID TABULATION SHEET P O No
SP-8 Manhole oo / EA
Umt Price In Words ~,~~ ~t~./A~ ~
SP-10 Rock Excavatton
I
Umt Price In Words 0~~~
SP-37 Excavation Protection 3032 LF $
' [ an~t Vr~e a Words
SP-39 PrinTer St~s I 2 EA $
Umt Price In Words ~~~
SP-40Umt Price ~ Wor~CUt and Plug Existing ~ ~~~S~t~ Sewer [ 11 EA
SP-43 Asphalt Saw Cut
I
SP-45 M,scellaneous Spn~ler System Ad~us~ent
u~,~,~In Word~ ~~~
SP 49 Remove 10" Abandoned Samta~ Sewer 30 LF $
/ LF
Umt, Pnce In Words ~/d~ ~
t ~ $ / $
I $ $
/ $
$
9/19/00 P 5
FEB 19 01 (TUE) ~7 49 CITY OF DENTON PURCHA~INO 940 949 7902 PAGE ~/4
Fe, b-OIB-01 OGI: 34.A P.O~
...... CERTIFICATE LIABILITM .....
I- ~ ~'~ --
a~u~ 17~7) ....... ~ACORD ~PO~DN