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2000-207ORDINANCE NO o?! ~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 $567,39970 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_F 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 oft 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 a°-~' day of 12000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY~ APPROVED AS TO LEGAL FORM HER13ERT L PROUTY, CITY ATTORNEY BY (~f4L 7'1 BID 2512 - CONTRACTUAL ORDINANCE 6-2000 ATTACHMENT 1 TABULATION SHEET Bid # 2512 Duncan Massey Clevelandm Collins Drainage Date 6/11/00 No. Qt OR VENDOR VENDOR VENDOR << r;< D B R Jagoe Public Bowles Earth Builders < Construction Company Construction Principal Place of Business Denton Denton Wichita Falls Decatur Duncan $135,42045 $100,40800 $177,16800 $178,84500 Massey $53,85930 $72,15320 $84,421 00 $87,94000 Cleveland / Collins $356,29385 $417,07000 $431,60500 $442,431 00 Alternate 1 - Massey $21,82610 $26,24220 $16,591 25 $16,02572 Total Bid Award $567,39970 $615,87340 $709,78525 $725,24172 Bid Bond YES YES YES YES r~-~,r -cCrn, o 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 nf Denton of the County of i)Pntnn and State of Texas, acting through Michael W TPz 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 Dr.9innge. 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 (SEAL) ATTEST CONTRACTOR MAILING ADDRESS C'HOVNUMBER AX-91 M ER BY Jic✓e~~ LE APPROVED AS TO FORM CITY ATTORNEY (SEAL) CA-3 PRINTE NAME DUNCAN DRIVE DRAINAGE V\ BID TABULATION SHEET Work Days 20 Bid No 2512 PO No Item Description Quantity Unit Unit Price rotas 1 21 Contractors Warranties and Understandings LS $ 5% /LS $ 7,181 45 Unit Price In Words Me FiM > 2 11 5 Inlet Frame and Cover 1 EA $ 500.00 /EA $ 500 00 Unit Price 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 TKU4.Y SIX DCUJW 2 12 3-B 36" Class 111 Storm Sewer 342 LF I S 78.50 LF $47, 367.00 Unit Price In Words SEV MY EM MELAR4 AND F= MIS 2 12 3-C 48" Class III Storm Sewer 453 LF $ 138.50 /LF $62,740.50 Unit Pnce In Words aE SHIM MY EKW DaL46 RD F= lENLS 13-B Remove Concrete Curb & Gutter 56 LF $ 10.00 LF $ 560 00 Unit Pnce In Words UN 9MLAIC 13-C Remove Concrete Drives & Walks 54 Sy $ 15.00 /Sy $ 810.00 Unit Price In Words FJFJEEN D(ELW 3-A Remove Concrete Rip Rap 18 Sy $ 15.00 /Sy $ 270.00 Unit Price In Words FIFMM DULLS 3-D Remove Reinforced Concrete Pipe (24") 1 EA $ 10.00 /EA $ 10.00 i_.. n_.,... I.. U/-A. TEN EIM AM 3-E 1 Remove Concrete Pad 2 SY $ 15•~ SY $ 30.00 Unit Price In Words FI'1FEN DMLM 3 1 Preparation of Right of Way LS $ 58 /LS $7,181 .45 Unit Pnce In Words FINE 1>Rar 3 3 Unclassified Excavation 50 CY $ 10.00 /Cy $ 500.00 Unit Price In Words IEN DO MARS 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 8.00 $ 2,82 Unit Price In Words SEM DOMgS Ps 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 $ 500.001 Unit Price In Words FIVE HUM EQSARS 5 7-C 2" Asphalt Pavement (TypeC, Patch Matl) 15 TON $ 100.00 /TO $1 , 500 00 Unit Price In Words CtE H143M IXILAFS 7 6-A-1 Install 5'X5' Concrete Junction Box 2 EA $3, 000.00 /EA $6, 000.00 Unit Price In Words MhEE MEW E C LW 7 6-A-2 1 4' Inlet 1 EA $2, 000.00 EA $2, 000 00 Unit Price In Words TINATKIE`D DOLL 4 7 6-A-3 12' X 4' Grate Inlet 1 EA 1 $3,000.'00 /EA $3, 000.00 Unit Price In Words UM MDIEND DLAR4 8 1 Bamcades, Warning Signs and Detours LS $1, 000. 00 /LS $1 , 000 00 Unit Price In Words M 71UISMD DCELMS 8 2-A Install Concrete Curb & Gutter 56 LF I S 10-00 /LF $ 560.00 Unit Price In Words 7M DCFLM 8 3 Dri veway 6" 49 SY $ 36.00 /Sy $1 , 764.00 Unit Price In Words MUFM SIX OOLtAFS 8 3A 4" Concrete Sidewalk with Fibermesh 6 SY Is 30.00 /Sy $ 180.00 Unit Price In Words TFMff DCELM 8 15-A Concrete Rip Rap 14 CY $ 300.00 /CY $4, 200.00 Unit Price In Words ZME HIUM 17OUM SP-2 Concrete Saw Cut 235 LF $ 2.00 /LF $ 470.00 Unit Price In Words RFA SP-8 Abandon Existing Junction Box I FA IS 500.00 /EA $ 500.00 Unit Price In Words FIVE BLI41 D EC W SP-10 Rock Excavation 50 CY is 1 .00 /Cy $ 50.00 Unit Price In Words QE E1011M SP-27-A Adjust Service Lines - Water 1 EA $ 200.00 /EA $ 200.00 Unit Price In Words TO ELURD DCTUM P4 DUNCAN DRIVE DRAINAGE Work Days 20 Bid No 2512 BID TABULATION SHEET PO No Item Description Quantity Unit Unit Price Total SP-27-B Adjust Service Lines - Sewer 1 EA $ 300 00 /EA $ 300.00 Unit Price In Words MME HISIREDECLEM SP-37 Excavation Protection 760 LF $ 5.00 /LF $i, 800 00 Unit Price In Words FZ DaZM SP-39 Project Signs 2 EA $ 300.00 /EA $ 600.00 Unit Price In Words WEE H MM IXIIM SP-43 Asphalt Saw Cut 264 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 ECTIMS $ $ 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 Quantity Unit Unit Price Total 1 21 Contractors Warranties and Understandings LS $ 58 /LS $ 2,704.15 Unit Price In Words FM PERCW 2 12 3-D 5' X 7' Precast Box Culvert 64 LF $ 280.00 /LF $17,920.00 Umt!Pnce In Words 'iWD HIUW DMLAR9 3-F Remove Concrete Headwall 2 EA 1$1,000.00 /EA $ 2,000.00 Unit Price In Words Q`E gDSM DMINS 3-G Remove Concrete Apron 2 EA $ 500.00 /EA $1 ,000.00 Unit Price In Words FM HAM DML+M 3-H Remove 5' X 7' Box Culvert - 33 feet 1 EA $1, 000.00 /EA $1 ,000 00 Unit Price In Words GE MUM DMLNS 3 1 Preparation of Right of Way LS $ /LS $2,704.15 Unit Price In Words FIVE EICEW 33 Unclassified Excavation 148 CY $ 10.00 /Cy $1,480.00 Unit Price In Words 'IM DMLAW 3 7 Compacted Fill 20 CY $ 10 00 /Cy $ 200 00 Unit Price In Words 'N DCUA% 13 9 Sod 10 SY Is 10 00 /Sy $ 100.00 Unit Price In Words IEN DULW 3107 Hy romulch 544 SY $ 2.00 /SY $1,088 00 Unit Price In Words 7WD Da ARC 3 12 Temporary Erosion Control LS $ 500.00 /LS I$ 500 00 4t Price In Words FAM RNM DMLN S 74 5 Class A Concrete 9 CY $ 300.00 /CY $2 700 00 Unit Price In Words MME H TM uMUM 81 Bamcades, Warning Signs and Detours LS $1,000.00 /LS $1,000 00 Unit Price In Words c NE umpw DQLm 8 11-A M tal Beam Guard Fence (MBGF) 50 LF $ 30.00 /LF $1,500.00 Unit Price In Words MMRIY Du[iM P6 Massey Street Box Culverts BID TABULATION SHEET Work Days 30 Bid No 2512 PO No 8 11-B 2 5' MBGF Turndown Section Unit Price In Words FINE RNim mw 8 14 Miscellaneous Fence Unit Price In Words FINE HIUM DMLAFS 8 15-B Grouted Rip Rap Type A Unit Price In Words '1FE HI3ItED DaLi S 8 15-C Concrete Apron Unit Price In Words Mmy SIX EIMLIM SP-4 Waterline Lowenng Unit Price In Words '1PD'IIuumv IU7PR4 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 MIEE HNM SILKS ISP-43 Asphalt Saw Cut Unit Price In Words UD DMUTS 5 7-A 4 1/2" Type A Asphalt Unit Price In Words 'ICY DQIX6 5 7-13 1 1/2" Type C Asphalt Unit Price In Words IEN LQDW $ $ Is Fs- TOTAL $59,491 30 utiry unit unit race total 4 EA $ 500 00 /BA $ 2,000 00 LS $ 5W•00 /LS I $ WOO 44 Cy $ 300.00 /CY $13,200 00 35 Sy $ 36 00 /SY $ 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 $1,680.00 80 Sy Is 10.00 /SY $ 800 00 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 Unit Price Total 1 21 Contractors Warranties and Understandings LS $ 5% /LS $16,195.18 Unit Price In Words FM MOW 2 11 5 I nlet Frame and Cover 10 EA $ 500.00 /EA $ 5,000.00 Unit Price In Words FM RD MUM 2 12-B 8" Sanitary Sewer 458 LF $ 30.00 /LF $13,740 00 Unit Price In Words MMY DMARS 2 12 3-E 18" Class III RCP storm sewer 49 LF $ 26.00 /LF $ 1,274 00 Unit Price In Words 'MY 53C 1111 2 12 3-F 36' Class III RCP storm sewer 82 LF $ 78.50 /LF $ 6,437.00 Unit Price In Words M041Y EII' DMLAES Mu Fuw CE M 2 12 3-G 42" Class III RCP storm sewer 2145 LF $ 110.50 /LF $237,022.50 Unit Price In Words CNE HI1IRED IM DM LW P6D FTFiY CEM 3-B Remove Concrete Curb & Gutter 442 LF $ 10.00 /LF $ 4,420.00 Unit Price In Words 7rr Dams 3-G Remove Concrete Apron 1 EA $ 500 00 /EA $ 500.00 Unit Price In Words FIVE HALTED ❑CUX6 34 Remove Concrete Headwall 1 EA $ 500-OD /EA $ 500 00 Unit Price In Words FIVE HALTO MUM 3-1, Remove 18" RCP 14 LF $ 10.00 /LF $ 140.00 Unit Price In Words ON eul2>Its 3-M Remove 6' Inlet 1 EA $1,000.00 /EA $ 1,000.00 Unit Price In Words OE TEMPM MLW 3-N emove 10' Inlet I EA $ 1,000 00 /EA 0 $ 1,000 1 (Unit Price In Words GE MD[ 10 txuW P8 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 ZVd1u 3 1 Preparation of Right of Way LS $ 5% /LS $16,195 18 Unit Price In Words FM PEF E r 3 9 Sod 40 SY i s 10 00 /SY $ 400.00 Unit Price In Words UN DOLLMS 3 107 Hydromulch 40 SY $ 2.00 /SY $ 80 00 Unit Price In Words TWD DCLIM 3 12 Temporary Erosion Control LS $ 500.00 /LS $ 500.00 Unit Price In Words FIVE HPII~D D ILMS 5 8 6" Concrete Pavement - Valley Gutter 9 SY $ 36.00 /SY $ 324.00 Unit Price In Words 71iany six [CHAPS 7 6-A-4 Concrete Manhole (4' Internal Diameter) 5 EA $ 2,000.00 /EA $10,000.00 Unit Price In Words TAD ZUJM DMUM 7 6-A-5 Concrete Manhole (6Internal Diameter) 1 EA $ 3,000.00 /EA $ 3,000.00 Unit Price In Words 01M %aim DCCIAR4 7 6-A-6 Special Inlet I I EA $ 2,000.00 /EA $ 2,000 00 Unit Price In Words %V MULEPM DQIAM 7 6-A-7 10' Curb Inlet 3 EA $ 2,000.00 /EA $ 6,000 00 Unit Price In Words 'Ad MUS M DC11-M 7 6-A-8 Recessed 10' Curb Inlet 1 EA $ 2,000 00 /EA $ 2,000 00 Unit Price In Words 7WD 0fDINM DOILW 7 6-A-9 12' X 16 25' Junction Box 1 EA $ 5,000.00 /EA $ 5,000 00 Unit Price In Words FNE M LERV DaLW P9 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 $ 500.00 Unit Price In Words FM EIMM DOII746 8 2-A I nstall Concrete Curb & Gutter 442 LF $ 10.00 /LF $4,420.00 i Unit Price In Words 'IIN 1MIM SP-2 Concrete Saw Cut 68 LF $ 2-~ LF $ 1•~ Unit Price In Words TO DOUIM SP-4-A 12" Water Line Lowering 15 LF $ 200.00 LF $3,000.00 Unit Price In Words ZWD HNSM OMLM SP-4-13 12" 45 Degree Bends 4 EA $ 500•00 /EA $2,000.00 Unit Price In Words FIVE MUM DaLW SP-10 Rock Excavation 50 CY $ 1.00 CY $ Unit Price In Words CAE UXIPR SP-27-B Sanitary Sewer Service Adjustment 7 EA IS 300.00 /EA $2,100.00 Unit Price In Words UM HN1dED D[LEM SP-27-A Water Service Adjustment 8 EA $ 300.00 /EA $2,400.00 Unit Price In Words gM IMM OOL AR4 SP-37 Excavation Protection 1824 LF $ 2.00 /LF $3,698.00 Unit Price In Words MO DSIAFS SP-39 Pro ect Signs 2 EA $ 300.00 /EA $ 600-00 Unit Price In Words MEE HHEM DOMW SP-40 Cut and Plug Existing 24" Storm Sewer 2 EA $ 500.00 EA $1,000.00 Unit Price In Words F1W HIUM OQSPR4 43 Asphalt Saw Cut 1516 LF $ 200 /LF $3,032•00 Unit Price In Words T D DoMaFS n 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 FIVE RMW DCMW $ $ $ $ Is $ TOTAL x'293.86 P11 Massey Street Alternate 1 Work Days 10 Bid No 2512 BID TABULATION SHEET PO No Item Description Quantity Unit Unit Price Total 3 3 Unclassified Excavation 213 81 CY $ 10.00 /CY $ 2,138.10 Unit Price In Words UN DOUJ s 3 107 Hydrbmulch 582 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 9142D DCELM 8 15-B Grouted Rip Rap Type A 44 CY $300.00 CY $13,200.00 Unit iPrice In Words Z-HE NIUM D[1:IM 8 15-D Concrete Pilot Channel 90 SY $ 36.00 /SY $ 3,240.00 Unit Price In Words MIRM SIX OOLLAR4 815-E Conprete Rip-Rap 44 SY FOR 36.00 /SY $ 1,584.00 Unit Price In Words u mm SIX ❑(7lW Is $ TOTAL $21,826.10 P12 BID SUMMARY TOTAL BID PRICE IN WORDS 'FIVE HUNDRED SEVENTY THREE THOUSAND SEVEN HUNDRED SEVENTY DOLLARS AND 06/100* 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 OIL ~CA,6C 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 B-1 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 B-2 BOND # C 929162644 EXECUTED IN (4) ORIGINALS PERFORMANCE BOND STATE OF TEXAS COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS That D R R f nnetrnrnnn whose address is 7701 Hinkle P 0 Any AIR nrntnn, Tx 7620,1 hereinafter called Principal, and Pnnt.innnt.al 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 Hnnrirod Sixty Scum Thnncand Threes Hundred ine y Nine and 20/100 MLLARS ($-%2,199,M) 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, firudy 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 7000-7m , with the City of Denton, the Owner, dated the .20_ day of 111no A D _200(1, a copy of which is hereto attached and made a part hereof, for Rid 2517-nlln[`an -MaC Chw&jand, roiling Draulage_ 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 remain in full force and effect PB - 1 PROVIDED FURTHER, that ►f 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 to 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 PRINCIPAL nn oo DHR CON RUCTI SECRETARY BY SIDEN Xw e e BY 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 Agancy Ins 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 EXECUTED IN (4) ORIGINALS PAYMENT BOND STATE OF TEXAS COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS That nR R Constmet,on , , whose address is 7301 14inkle P D Roy 82R Denton TY 761AI hereinafter called Principal, and Continental Ca c„a i t,y company., 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 stem of Pive Hundred Rixtn Seven Thonsand Three Uundred N,nety Nine and 70/tin DOLLARS 567?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,A 7511 Ilnnean~ maac=y ClevelanA 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-, 7 cm ATTEST PRINCIPAL nBY}TrI l SECRETARY Witness: X&YEM BY SURETY TAL CASU 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 NAME CnretlL Got u ions Bgenev 7^r, - 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's 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 0~ow , 19, l3EJLL 1991 ~N9~"' 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" 2 DIANE FAULKN ibWy pulps, tbtt of Binds • ~Q, My r. if "I llgliru 9117101 f My Commission Expires September 17 2001 Diane Faulkner Notary Public CERTIFICATE I, Mary A Rlbikawskis 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 ANCE COMPANY OF HARTFORD NATIONAL FIRE INSUR ~t~y~'ttTj. WSU9 ob: /g~►~~ AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA 13RgH ~,p 1997 Milo"•" Mary A Rlbikawskis Assistant Secretary (Rev 10/1/97) 07/24/2000 07 21 9405662670 DBR CONST CO UCK I IhIVATE OF LIABILITY INSURANCE PAW ~ King Ifmuhrenea 630 south t•~a, Wite A Denton, TK sO3-7229 PAGE 02 a UMM AMMONS oOVgRAO9 Don Richards 0 gosl{tn Manson. TM foot H a.eb L&JGO" A kionw~~yrot sew g sa~tlU4o4nts e~,ww"'jn~`' t neepltJ/0t Nangaao a1101 ~ AWAM acem cloweu C licy sanW" not in CAUSTled.- Bain" d, OP intifo s11y AS-hool without 30 days advance written being given to the mw (city) aaaept then the polity it WHO Cancelled for nonpayewt of in which case 10 days advance written notice is required. rata holow is Bawd see Additional Lneured in regard to the C,{naral 0011 ity aovernp city of David fa ten tat Nor( ale st Daatea, 17,201 354 Pn7) FAK, wwwwrorn,e awen~nw+oaetwitweewoetna twu~otone wewwoaesasrwLLSglOSS♦wa~a ~.,o►ve wwrnq etwoem+«tariroannsuwwvwafee uor, vv ,n t,aw Olenn arwrn ov it nn1010 TV walw11tu AUG 02 00 (WED) 16 45 CITY OF DENTON PURCHASING 940 349 7302 PAGE 2/9 CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Bulder'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 cert( 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 notfication 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 he 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 ►n the State of Texas with an A M Best Company rating of at least _A- Any deductibles or self-insured retentions shall be declared ►n 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 Md' "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 spe0 ications, 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's/person's work on the project has been completed and accepted by the governmental entity Persons providing services on the project ("subcontractor" in §406 096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets 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 M 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; (3) 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 mad or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project, and (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