2008-206ORDINANCE NO. ~OO~`~DIU
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS
CONTRACT FOR THE CONSTRUCTION OF A 48" SANITARY SEWER LINE; PROVIDING
FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE
(BID 4114-STATE SCHOOL INTERCEPTOR I AWARDED TO THE LOWEST RESPONSIBLE
BIDDER MEETING SPECIFICATION, TEXAS UNITED EXCAVATORS, L.L.C. IN THE
AMOUNT OF $1,261,971.44).
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 1. 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
4114 Texas United Excavators, L.L. C. $1,261,971.44
SECTION 2. 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.
SECTION 3. 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 4. Upon acceptance and approval of the above competitive bids and the
execution of contracts for the public works and improvements as authorized herein, the City Council
hereby authorizes the expenditure of funds in the manner and in the amount as specified in such
approved bids and authorized contracts executed pursuant thereto. -
SECTION 5. This ordinance shall become effective immediately upon its passage and
approval.
2008.
PASSED AND APPROVED this the day of &7
qMA BU GH , MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
JOHN M. KNIGHT, INTERIM CITY ATTORNEY
BY:
3-ORD
I.
CONTRACT AGREEMENT
STATE OF TEXAS
§ COUNTY OF DENTON §
THIS AGREEMENT, made and entered into this 16th day of September A.D., 2008,
by and between City of Denton of the County of Denton and State of Texas, acting through
George C. Campbell thereunto duly authorized so to do, hereinafter termed
"OWNER," and
Texas United Excavators L.L.C.
1451 Halsey Way
Carrollton TX 75007
of the City of Denton, County of Denton and State of Texas , hereinafter termed
"CONTRACTOR."
WITINTESSETH: That for and in consideration of the payments and agreements hereinafter
mentioned, to be made and performed by OWNER, and under the conditions expressed in the bonds
attached hereto, CONTRACTOR hereby agrees with OWNER to commence and complete
performance of the work specified below:
Bid #4114-State School Interceptor I
in the amount of $1,261,971.44 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 all local,
state and federal laws; and plans, which includes all maps, plats, blueprints, and other drawings and
printed or written explanatory matter thereof, and the Specifications therefore, as prepared by:
City of Denton Utility and CIP Eni2ineering
all of which are referenced herein and made a part hereof and collectively evidence and constitute
the entire contract.
CA-1
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 covenants and agrees to and does hereby indemnify, hold harmless and defend, at
its own expense, Owner, its officers, servants and employees, from and against any and all claims or
suits for property loss or damage and/or personal injury, including death, to any and all persons, of
whatsoever kind or character, whether real or asserted, arising out of the Work and services to be
performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or
invitees, whether or not caused, in whole or in part, by the alleged negligence of the officers,
servants, employees, of the Owner. Contractor likewise covenants and agrees to, and does hereby,
indemnify and hold harmless Owner during the performance of any of the terms and conditions of
this Contract, whether arising out of in whole or in part, any and all alleged acts or omissions of
officers, servants, or employees of Owner. The provisions of this paragraph are solely for the
benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise,
to any other person or entity.
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
Right to Audit
The OWNER shall have the right to audit and make copies of the books, records and computations
pertaining to this agreement. The CONTRACTOR shall retain such books, records, documents and
other evidence pertaining to this agreement during the contract period and five years thereafter,
except if an audit is in progress or audit findings are yet unresolved, in which case records shall be
kept until all audit tasks are completed and resolved. These books, records, documents and other
evidence shall be available, within 10 business days of written request. Further, the
CONTRACTOR shall also require all Subcontractors, material suppliers, and other payees to retain
311 books, records, documents and other evidence pertaining to this agreement, and to allow the
OWNER similar access to those documents. All books and records will be made available within a
50 mile radius of the City of Denton. The cost of the audit will be borne by the OWNER unless the
audit reveals an overpayment of 1% or greater. If an overpayment of 1% or greater occurs, the
reasonable cost of the audit, including any travel costs, must be borne by the CONTRACTOR
which must be payable within five business days of receipt of an invoice.
Failure to comply with the provisions of this section shall be a material breach of this contract and
shall constitute, in the OWNER'S sole discretion, grounds for termination thereof. Each of the
terms "books", "records", "documents" and "other evidence", as used above, shall be construed to
include drafts and electronic files, even if such drafts or electronic files are subsequently used to
generate or prepare a final printed document.
CA-3
IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the
year and day first above written.
ATTEST:
- if
AJTST:
APPROVED AS TO FORM:
~
XTY ATTO EY
City of Denton
OWN
BY:
(SEAL)
CONTRACTOR
N ft'E~ V~TOt~LC.L,
O . t'3ox 11152o
CRrfot6 \ -D, 9501k
MAILING ADDRESS
9-12 - y qb -2500
PHONE NUMBER
972-y4to-01cei
FAX NUMBER
BY: Z I l - I~ l
TITLE
ulS (ZI 1 E
PRINTED NAME
(SEAL)
CA-4
PERFORMANCE BOND
STATE OF TEXAS § Bond No. 929448629
COUNTY OF DENTON
KNOW-ALL MEN BY THESE PRESENTS: That Texas United Excavators.. L.L.C
whose address is 1451 Hal Way Carrollton, TX 75007 hereinafter called Principal, and
Continental Casualty Company a corporation organized and existing under the
laws of the State of Illinois, 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
~orgaruzed-and existing under the laws of the State of Texas, hereinafter called. Owner, in the*
penal sum of One Million Two Hundred.-Sixty One Thousand Nine Hundred Seventy One and' .
44/100 DOLLARS-CS l 261 971.44~us ten percent of the stated- penal sum as an additional slim
-of money representing additional court expenses, attorneys' fees, and liquidated- damages.aiising
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 we* 11 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 shallautomatically 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 2008-206, with the City of
Denton, the O er, dated the 16th day of September A.D. 2008, or Bid 4114-State School
Interceptor. 17
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 n9tice to
the Surety, and during the life of any guaranty or warranty required under this Contract,. and shall
also well and truly -perforni 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 workmanshiRthat appear within
a period of two (2) years from the date of final completion and final acceptance of the Work:by.
the Owner; and, if the Principal shall fully indemnify and save harmless the Owner from all `costs.
and damages which Owner may suffer by reason of failure to so-.perform herein and shall ' fully
reimburse and repay Owner all outlay and expense which. the Owner may incur in making good
any default or deficiency, then this obligation shall be void; otherwise, it shall remain in foil
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 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 four copies, each one of which
shall be deemed an original, this the 16`h day of September, 200&u_~
ATTEST: -
BY:
ECRET Y
PRINCIP.
TEXAS UNI'9ED EXCAVATORS, L.L.C.
BY:
ATTEST:
BY: R,, mL~_,
SURETY
CONTINENTAL CASUALTY COMPANY
BY:
A ORNEY-IN-FACT
Michele Degnon
The Resident Agent of the Surety in Dallas County, Texas for delivery of notice and service of
the process is:
NATO: McQueary Henry Bowles Troy, LLP
STREET ADDRESS: 12700 Park Central Dr., 17th Floor, Dallas, TX 75251
(NOTE: Date of Performance Bond must be date of Contract. If Resident Agent is not a corporation,
give a person's name)
PB-2
G)~ \Oi6
PAYMENT BOND
STATE OF TEXAS §
Bond No. 929448629
COUNTY OF DENTON
KNOW ALL MEN BY THESE PRESENTS: That Texas United Excavators L.L.C ✓
whose address is 1451 Halsey Way Carrollton, TX ' 75007, hereinafter called . Principal, and
Continental Casualty CoMPanyn/ , a corporation organized and existing under the laws
of the State of Illinois and fully authorized to transact business in the State of
Texas, as Surety, are held and firmly bound unto the City of Denton, a municipal corporation
organized and existing under the laws of the State of Texas, hereinafter called Owner, and unto
all persons, firms, and corporations who may furnish materials for, or perform labor upon, the
building or improvements hereinafter referred to, in the penal sum of One N i'llion Two Hundred
Sixty One Thousand Nine Hundred Seventy One and 44/100 DOLLARS✓✓($1,261,971.44m
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 2008-206 with the City of
Denton, the Owner,. dated the 16th day of September A.D. 2008, r Bid #4114-State School
Interceptor I.
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties
and make prompt payment to all persons, firms, subcontractors, corporations and claimants
supplying labor and/or material in the prosecution of the Work provided for in said Contract and
any and all duly authorized modifications of said Contract that may hereafter be made, notice of
which modifications to the Surety being hereby expressly waived, then this obligation shall be
void; otherwise it shall remain in full force and effect.
PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive venue
shall lie in Denton County, Texas.
AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates
and agrees that no change, extension of time, alteration or addition to the terms of the Contract,
or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc.,
accompanying the same, shall in anywise affect its obligation on this Bond, and it does hereby.
waive notice of any such change, extension of time, alteration or addition to the terms of the
Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings,
etc.
PB-3
This Bond is given pursuant to the provisions of Chapter 2258 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..,s-the
Resident Agent in Denton. County to whom any requisite notices may be delivered and on who
service of process may be had in matters arising out of such surety, 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 four copies, each one of which
shaU*be deemed an original, this the 16th day of September, 2008.t✓
ATTEST:
I/ Y7 /7
BY:
ECRET Y
ATTEST:
ar R(21-A, N..,LL~
SURETY /
CONTINENTAL CASUALTY COMPANY
BY: U i h
ATTORNEY-IN-FACT
Michele Degnon
The Resident Agent of the Surety in Dallas County, Texas for delivery of notice and service of
the process is:
NAME: McQueary Henry Bowles Troy, LLP
STREET ADDRESS: 12700 Park Central Dr., 17th Floor, Dallas, TX 75251
(NOTE: Date of Payment Bond must be date of Contract. If Resident Agent is not a
corporation, give a person's name)
PB-4
tvxo Y.,
,0 se
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Men By These Presents, That Continental Casualty Company Illinois corporation, National Fire Insurance Company of Hartford, a
Connecticut corporation, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania corporation (herein called "the CNA 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
signatures and seals herein affixed hereby make, constitute and appoint
Kae Perdue, Michele Degnont,/John D Fulkerson, Donnie D Doan, Tom P Ellis III, Debbie Smith, Individually
of Dallas, TX, their true and lawful Attomey(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 is hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions, printed on the reverse hereof, duly
adopted, as indicated, by the Boards of Directors of the corporations.
In Witness Whereof, the CNA Companies have caused these presents to be signed by their Senior Vice President and their corporate seals to be
hereto affixed on this 29th day of December, 2005.
MRPORAre A 5 ~trC a+4T~. al
0o SEAL i ruts I.
t e9~ `k ►raa ` • Aev
Continental Casualty Company
National Fire Insurance Company of Hartford
American Casualty Company of Reading, Pennsylvania
Michael Gengler Sent/ r Vice President
State of Illinois, County of Cook, ss:
On this 29th day of December, 2005, 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 Senior Vice President of Continental Casualty Company, an Illinois corporation,
National Fire Insurance Company of Hartford, a .Connecticut corporation, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania
corporation 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 aci and deed of said corporations.
'OFFICIAL SEAL' ;
MARIA Mt MM MA
i My cw ftsian E~ins 3115=': 0006 -
'
My Commission Expires March 15, 2009 Maria M. Medina Notary Public
CERTIFICATE
I, Mary A. Ribikawskis, Assistant Secretary of Continental Casualty Company, an Illinois corporation, National Fire Insurance Company of
Hartford, a Connecticut corporation, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania corporation 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 the corporations
printed oupe reverse hereof is still.' force. testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporations this
Jl0 day of ~f (5y -
CASttr, _R Continental Casualty Company
National Fire Insurance Company of Hartford
e°~POi TF 0
9K S .rc 0~r~ American Casualty Company of Reading, Pennsylvania
ZO < Mr 31,
~ • ✓
v SEAL 2
?Sol •
Mary A. ika kis Assistant Secretary
Form F6853-11/2001 IDIL~bn
5
Authorizing By-Laws and Resolutions
ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY:
This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the
Company.
"Article IX-execution of Documents
ve, Senior or Group Vice
Section 3. Appointment of Attomey-in-fact The Chairman of the Board of Directors, the President or any Executi
President may, from time to time, appoint by written certificates attomeys-in-fact to act in behalf of the Company in the execution of policies of
insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys-in-fact, subject to the limitations set forth in their
respective certificates of authority, shall have full power to bind the Company by their signature and execution of any such instruments and to attach the
seal of the Company thererto. The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President or the Board of
Directors, may, at any time, revoke all power and authority previously given to any attomey-in-fact"
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the
Company at a meeting duly called and held on the 17'h day of February, 1993.
"Resolved, that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be affixed by
facsimile on any power of attorney granted pursuant to Section 3 of Article DC of the By-Laws, and the signature of the Secretary or an Assistant
Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such
facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed
and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company."
ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA:
This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the
Company.
"Article VI--Execution of Obligations and Appointment of Attorney-In-Fact
Section 2. Appointment of Attorney-in-fact The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice
President may, from time to time, appoint by written certificates attomeys-in-fact to act in behalf of the Company in the execution of policies of
insurance, bonds, undertakings and other obligatory instruments of like nature. ' Such attomeys-in-fact,.subject to the limitations set forth in their
respective certificates of authority, shall have full power to bind the Company by their signature and execution of any such instruments and to attach the
seal of the Company thereto. The President or any Executive, Senior or Group Vice President may at any time revoke all power and authority previously
given to any attorney-in-fact"
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the
Company at a meeting duly called and held on the 17`s day of February, 1993.
"Resolved,' that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be affixed by
facsimile on any power'of attorney granted pursuant -to Section 2 of Article VI of the By-Laws, and the signature of the Secretary or an Assistant
Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such
facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed
and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company."
ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD:
This Power of Attorney is made and executed pursuant to and by authority of the following Resolution duly adopted on February 17, 1993 by the Board
of Directors of the Company.
`RESOLVED: That the President, an Executive Vice President, or any Senior or Group Vice President of the Corporation may, from time to time,
appoint, by written certificates, Attomeys-in-Fact to act in behalf of the Corporation in the execution of policies of insurance, bonds, undertakings and
other obligatory instruments of like nature. Such Attorney-in-Fact, subject to the limitations set forth in their respective certificates of authority, shall
have full power to bind the Corporation by their signature and execution of any such instrument and to attach the seal of the Corporation thereto. The
President, an Executive Vice President, any Senior or Group Vice President or the Board of Directors may at any time revoke all power and authority
previously given to any Attorney-in-Fact-
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the
Company at a meeting duly called and held on the 17t° day of February, 1993.
"RESOLVED: That the signature of the President, an Executive Vice President or any Senior or Group Vice President and the seal of the
Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of Directors on February 17,
1993 and the signature of a Secretary or an Assistant Secretary and the seal of the Corporation may be affixed by facsimile to any certificate of any such
power, and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Corporation. Any such power so
executed and sealed and certified by certificate so executed and sealed, shall with respect to any bond or undertaking to which it is attached, continue to
be valid and binding on the Corporation:"
IMPORTANT NOTICE
TO OBTAIN INFORMATION OR MAKE A COMPLAINT:
You may contact C N A Surety for information or to make a complaint at:
C N A Surety
333 South Wabash
Chicago, IL 60604
(312) 822 5000
Toll Free (877) 672 6115
Fax (312) 755-7276
You may contact the Texas Department of Insurance to obtain information
on companies, coverages, right or complaints at:
Texas Department of Insurance
P.O. Box 149104
Austin, TX 78714-9104
(800) 252 -3439
Fax: (512) 475-1771
Web: http://www/tdi.state.tx.us
Email: ConsumerProtection@tdi.state.tx.us
ATTACH THIS NOTICE TO YOUR BOND. This notice is for information
only and does not become a part or a condition of the attached document
and is given to comply with Section 2253.021(f), Government Code, and
Section 53.202, Property Code, effective September 1, 2001.
CITY OF DENTON
INSURANCE REQUIREMENTS FOR CONTRACTORS
Bidder's attention is directed to the insurance requirements below. It is highly recommended
that bidders confer with their respective insurance carriers or brokers to determine in advance
of Bid submission the availability of insurance certificates and endorsements as prescribed
and provided herein. If an apparent low bidder fails to comply strictly with the insurance
requirements, that bidder may be disqualified from award of the contract. Upon bid award, all
insurance requirements shall become contractual obligations, which the successful bidder
shall have a duty to maintain throughout the course of this contract.
STANDARD PROVISIONS:
Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall
provide and maintain until the contracted work has been completed and accepted by the City of
Denton, Owner, the minimum insurance coverage as indicated hereinafter.
As soon as practicable after notification of bid award, Contractor shall file with the Purchasing
Department satisfactory certificates of insurance, containing the bid number and title of the
project. Contractor may, upon written request to the Purchasing Department, ask for
clarification of any insurance requirements at any time; however, Contractors are strongly
advised to make such requests prior to bid opening, since the insurance requirements may not be
modified or waived after bid opening unless a written exception has been submitted with the bid.
Contractor shall not commence any work or deliver any material until he or she receives
notification that the contract has been accepted, approved, and signed by the City of Denton.
All insurance policies proposed or obtained in satisfaction of these requirements shall comply
with the following general specifications, and shall be maintained in compliance with these
general specifications throughout the duration of the Contract, or longer, if so noted:
• Each policy shall be issued by a company authorized to do business in the State of
Texas with an A.M. Best Company rating of at least A.
• Any deductibles or self-insured retentions shall be declared in the bid proposal. If
requested by the City, the insurer shall reduce or eliminate such deductibles or
self-insured retentions with respect to the City, its officials, agents, employees and
volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and
related investigations, claim administration and defense expenses.
• Liability policies shall be endorsed to provide the following:
• Name as additional insured the City of Denton, its Officials, Agents,
Employees and volunteers.
CI-9
• 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.
• Cancellation: The City requires 30 day written notice should any of the
policies described on the certifccate be cancelled or materially changed
before the expiration date.
• 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
includes a general annual aggregate limit providing for claims investigation or
legal defense costs to be included in the general annual aggregate limit, the
Contractor shall either double the occurrence limits or obtain Owners and
Contractors Protective Liability Insurance.
• Should any required insurance lapse during the contract term, requests for
payments originating after such lapse shall not be processed until the City
receives satisfactory evidence of reinstated coverage as required by this contract,
effective as of the lapse date. If insurance is not reinstated, City may, at its sole
option, temvnate this agreement effective on the date of the lapse.
CI - 10
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS:
All insurance policies proposed or obtained in satisfaction of this Contract shall additionally
comply with the following marked specifications, and shall be maintained in compliance with
these additional specifications throughout the duration of the Contract, or longer, if so noted:
[X ] A. General Liability Insurance:
General Liability insurance with combined single limits of not less than
S1,000,000.00shall 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 $500,000.00 either in a single policy or in a combination of
basic and umbrella or excess policies. The policy will include bodily injury and property
damage liability arising out of the operation, maintenance and use of all automobiles and
mobile equipment used in conjunction with this contract.
Satisfaction of the above requirement shall be in the form of a policy endorsement for:
• any auto, or
• all owned, hired and non-owned autos.
CI - 11
[X] Workers Compensation Insurance
Contractor shall purchase and maintain Worker's Compensation insurance which, in addition
to meeting the minimum statutory requirements for issuance of such insurance, has
Employer's Liability limits of at least $100,000 for each accident, $100,000 per each
employee, and a $500,000 policy limit for occupational disease. The City need not be
named as an "Additional Insured" but the insurer shall agree to waive all rights of
subrogation against the City, its officials, agents, employees and volunteers for any work
performed for the City by the Named Insured. For building or construction projects, the
Contractor shall comply with the provisions of Attachment 1 in accordance with §406.096
of the Texas Labor Code and rule 28TAC 110.110 of the Texas Worker's Compensation
Commission (TWCC).
[ ] Owner's and Contractor's Protective Liability Insurance
The Contractor shall obtain, pay for and maintain at all times during the prosecution of the
work under this contract, an Owner's and Contractor's Protective Liability insurance policy
naming the City as insured for property damage and bodily injury which may 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.
Fire Damage Legal Liability Insurance
Coverage is required if Broad form General Liability is not provided or is unavailable to the
contractor or if a contractor leases or rents a portion of a City building. Limits of not less
than each occurrence are required.
Professional Liability Insurance
Professional liability insurance with limits not less than per claim with
respect to negligent acts, errors or omissions in connection with professional services is
required under this Agreement.
[ ] Builders' Risk Insurance
Builders' Risk Insurance, on an All-Risk form for 100% of the completed value shall be
provided. Such policy shall include as "Named Insured" the City of Denton and all
subcontractors as their interests may appear.
Cl - 12
[ ] Commercial Crime
Provides coverage for the theft or disappearance of cash or checks, robbery inside/outside
the premises, burglary of the premises, and employee fidelity. The employee fidelity
portion of this coverage should be written on a "blanket" basis to cover all employees,
including new hires. This type insurance should be required if the contractor has access to
City funds. Limits of not less than each occurrence are required.
[ ] Additional Insurance
Other insurance may be required on an individual basis for extra hazardous contracts and
specific service agreements. If such additional insurance is required for a specific contract,
that requirement will be described in the "Specific Conditions" of the contract specifications.
Cl - 13
ATTACHMENT I
[X] 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 foodibeverage vendors, office supply
deliveries, and delivery of portable toilets.
B. The contractor shall provide coverage, based on proper reporting of classification codes
and payroll amounts and filing of any overage agreements, which meets the statutory
requirements of Texas Labor Code, Section 401.011(44) for all employees of the
Contractor providing services on the project, for the duration of the project.
C. The Contractor must provide a certificate of coverage to the governmental entity 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:
CI - 14
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.
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 end of the coverage period, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the current
certificate of coverage ends during the duration of the project;
4) obtain from each other person with whom it contracts, and provide to the contractor:
a) 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;
CI - 15
5) retain all required certificates of coverage on file for the duration of the project and
for one year thereafter;
6) notify the governmental entity in writing by certified mail or personal delivery,
within 10 days after the person knew or should have known, of any change that
materially affects the provision of coverage of any person providing services on the
project; and
7) contractually require each person with whom it contracts, to perform as required by
paragraphs (1) - (7), with the certificates of coverage to be provided to the person for
whom they are providing services.
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.
CI - 16
CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ
For vendor or other person doing business with local governmental entity
This questionnaire reflects changes made to the law by H.B. 1491, 80th Leg., Regular Session.
OFFICE USE ONLY
This questionnaire is being filed in accordance with chapter 176 of the Local Government Code by a
Date Received
person doing business with the governmental entity.
By law this questionnaire must be filed with the records administrator of the local government not
later than the 7th business day after the date the person becomes aware of facts that require the
statement to be filed. See Section 176.006, Local Government Code.
A person commits an offense if the person violates Section 176.006, Local Government Code. An
offense under this section is a Class C misdemeanor.
1 Name of person who has a business relationship with local governmental entity.
I3 131.
2
Check this box if you are filing an update to a previously filed questionnaire.
(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7"business
day after the date the originally filed questionnaire becomes incomplete or inaccurate.)
ffN
ame of local government officer with whom filer has an employment or business relationship.
Name of Officer
This section, (item 3 including subparts A, B, C & D), must be completed for each officer with whom the filer has an employment or other business
relationship as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary.
A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income
from the
,
filer of the questionnaire?
0 Yes 0 No
S. Is the filer of the questionnaire receiving or likely to receive taxable income, other than investment income, from or at the direction of the
local government officer named in this section AND the taxable income is not received from the local governmental entity?
0 Yes 0 No
C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer
serves as an officer or director, or holds an ownership of 10 percent or more?
Yes 0 No
D. Describe each affiliation or business relationship.
4
Signature of person doing business with the governmental entity Date
CIQ - I
Adopted 06/29/2007
BID
No. 4114
PROPOSAL
TO
THE CITY OF DENTON, TEXAS
FORTHE CONSTRUCTION OF
STATE SCHOOL INTERCEPTOR 1
IN
DENTON, TEXAS
The undersigned, as bidder, declares that the only person or parties interested in this
proposal as principals are those named herein, that this proposal is made without collusion
with any other person, firm, or corporation; that he has carefully examined the form of
contract, Notice to Bidders, specifications and the plans therein referred to, and has carefully
examined the locations, conditions, and classes of materials of the proposed work and agrees
that he will provide all the necessary labor, machinery, tools, apparatus, and other items
incidental to construction, and will do all the work and furnish all the materials called for in
the contract and specifications in the manner prescribed herein and according to the
requirements of the'City as therein set forth.
It is understood that the_ following quantities of work to be done at unit prices are
approximate only, and are intended principally to serve as a guide in evaluating bids.
It is agreed that the quantities of work to be done at unit prices and material to be furnished
may be increased or diminished as may be considered necessary, in the opinion of the City,
to complete the work fully as planned and contemplated, and that all quantities of work
whether increased or decreased are to be performed at the unit prices set forth below except
as provided for in the specifications. The contractor shall provide the numeric unit price. and
the unit price in words for each quantity. Unit. price in words governs over the numeric
fa price given.
It is further agreed that lump sum prices may be increased to cover additional work ordered
by the City, but not shown on the plans or required -by the specifications, in accordance with
the provisions to the General Conditions. Similarly, they may, be decreased to cover
deletion of work so ordered.
It is understood and agreed that the work is to be completed in full within the number of
workdays shown on the bid tabulation sheet.
P-1
Accompanying this proposal is a certified or cashier's check or Bid Bond, payable to the
Owner, in the amount of five percent of the total bid.
i
It is understood that the bid security accompanying bidder, unless in case of the acceptance of the proposals thepbidder shall fai led to the
execute a
contract and file a performance bond and a payment bond within fifteen days after its
acceptance, h case the bid security shall become the property of the Owner, and shall
be considered as a payment for damages due to delay and other inconveniences suffered -by
the Owner on account of such failure of the bidder. Owner reserves the right to reject any
and all bids. Owner may investigate the prior performance of bidder on other contracts,
either public or private, in evaluating bid proposals. Should bidder alter, change, or qualify
any specification of the bid,. Owner may automatically disqualify bidder.
The undersigned hereby proposes and agrees to perform all work of whatever nature
required, in strict accordance with the plans and specifications, for the following sum or
prices, to wit: g
f
P-2
Project Name
State School Interceptor I
Work Days 120
Bid No. 4114
P.O. No.
BID TABULATION SHEET
'I
Item Description Quantity
Unit Unit Price Total
103.1 Contractors Warranties and Understandings I
LS $ Z77 500 / LS $ 2750 0
Unit Price In Words SE-~/G-+J TNOI►Shl3b 1 tk--SA Yft\ c~o~~p•(S
507-A
8" PVC SDR35 Sanitary Sewer Pipe - Unpaved
126
LF $ -35c>Q / LF
FS4,4-13-ob
Unit Price In Words -rR. Q VE oL. -"P o..-atl G
507-B
10" PVC SDR35 Sanitary Sewer Pipe- Unpaved
10 LF
T
$ 3LP.St7 / LF
$ 3 5.400
Unit Price In Words TRtWN SkX pot..l.t s p a0 T-tr-N CE- rM
507-C
27" Sanitary Sewer Pipe - Unpaved
45 LF
$ r15.00 / LF $33'1$og
Unit Price In Words Ste( FNE DOLS.~Qs AnJd ZQ:
507-D 36" Sanitary Sewer Pipe - Unpaved 25
LF $ 141 .1 / LF
$3 3`1
Unit Price In Words C*,)E t+"De.ED #:,Dgxy n 170 A,#,A 5E%4ENY1 Y Ft VE CER
507-E
48" Sanitary Sewer Pipe - Unpaved
4838
LF I
S I1-3. IS / LF I
S (102
Unit Price In Words QPDE RvnAyed 5;_-jrtfv3eq -V~1rEE- ckoktars a \ck F~YE
507-F
48" Sanitary Sewer Pipe - Paved
~T
25
-
LF
$ ' k 19 ,M/ LF
A"
'Unit Price In Words CAE %-W~Mt 'SF-'VV* ts~nJe cWtoq(S o^d ~-vE Ct>, s
507-G 48' Ductile Iron Sanitary Sewer Pipe - Unp
ved 63 LF $ LH8. 50 / LF $ ~
a
Unit Price In Words o,..-r' 6u *-ea Ex f ~ v-~ d
p 6(- 5 and
201
Temporary Erosion Control
5087
LF
$ I. 1,D5 / LF
I
SR
Unit Price In Words one p o. r v..nd 5z)i Qi vE
202.6.4.2
Broadcast Seeding
311
SY $ . 21J / SY I
s (p2,~ 0 0
Unit Price In Words Tu.~C-v-~ C.~rSCS
801.5
Fencing, Gates and Barriers
1
LS J
4Q
$ a 2~0 / LS $ Z~.OU
Unit Price In Words ~t GASo~ A,,S0 har\Jred 5vi (~O (a.r5
502.1-A
6' 1. D. Concrete Manhole (0-6 ft deep)
19
EA
$ 2Rq(P,~/ EA
F
55~ 483. 0
11
~
Unit Price In Words 11-b p~, & (\rp- hVwY f%k Si J06(s ov~d t` -W~-
502.1-B
4' 1. D. Concrete Manhole (0-6 It deep)
1
EA
$ 2 222 EA
$ 222b 0
Unit Price In Words f io p~ o ~~t d ~W dloUoui-$
502.1-C
Additional Manhole Depth ( > 6 feet)
1
51
VF
$ VF
$ czo.` 0
1
Unit Price In Words t✓ ~v.ttcl -}In~r ~p do l0-c " 'Rvc
502.9
Concrete Manhole Lining
20
EA
$ 2408. / EA
Is 53,172 + 0
Unit Price In Words - \Ao A-I-\,uk5 .jl Ri rye 1wx\dred \ dp[IDtL$ ate}, {s
P-3
r
r
r
i
s
t
s
r
Project Name
State School Interceptor I-
BID TABULATION SHEET
Work Days 120
Bid No. 4114
P.O. No.
Item
Description Quantity Unit
Unit Price Total
SS02
JAbandon Existing Manhole 23 EA
Is 1292.95/ EA $29 1-M
Unit Price In Words cwp_ u9" 4um WV~"A .JAj ~uJO c~.o~I~fS i ;.'e. Pqp
801
Barricades, Warning Signs and Detours
1
LS $ 15, 1O0_dC~/ LS
$51oo o`'0
Unit Price In Words <r%YE TA0\y5m^fJ rpd c~O~~a.tS
803.3 6" Grouted Riprap
324
SY $ 1 C
)O.o~
Unit Price In Words
203.3
Remove Concrete Curb & Gutter
10
LF
$ 2.S. '20 / LF $2.50.00 0
Unit Price In Words Z- F.v do1~
305.1
Concrete Curb & Gutter
10 LF
$ Z5.0~ / LF
$ 25b, °O O
Unit Price in Words T F;VE 40\ko4-S
107.19.3
Excavation Protection
5087
LF
$ 3 3~ / LF
$177 1".I D
Unit Price In Words +%Nme dp~~p,,1-5 {~;r 5 ~r~IZ
107.20.
Project Signs
2
EA
$ ZMP . °O / EA
s'5'52.000
Unit Price In Words p ~1-5
SS06 Bypass Pumping 1
LS T
S 8CD.p'/ LS
$13 %0 0
Unit Price In Words d0 ( (oxs
203.3
Preparation of Right of Way I
LS $ IO ~OOp;!3'~'/ LS
$10 OOO . 0
Unit Price In Words p~ U~ S
503
60" Bore and Steel Encasement Pipe
45
LF $ 4390, 00 / LF
S
Unit Price In Words
504.5
Concrete Encasement
321
LF I
S IM 50 / LF
SV,21oG 0
Unit Price In Words prw_ V-- tv& G.-A J(z ~Aq UAS
SSOI
Cut and Plug Existing Sanitary Sewer Line
8
EA
$1 6' / EA
SV5,f)00 X00
Unit Price In Words pp~c
StI .}W•YE 10.YS
502.12:4
Core Into Existing Manhole
3
EA
$rj(0p_00 / EA
$I ~$O,°O0
Unit Price In Words F%V'E V-#.,v\&reA 5;•~ dp~t s
p
SUBTOTAL BASE BID 21v~ L i I. 4q
0
P-4
P
TOTAL BASE BID PRICE IN WO
~y~So.nnd ~~,ne. Inv~~d~red . ~eu~~14-y - a~~ _ do\~o~r5
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 fiunished 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.
The undersigned agrees this bid becomes the property of the City of Denton after the
official opening.
The undersigned affirms that they are duly authorized to execute this contract.
Vendor hereby assigns to purchaser any and all claims for overcharges associated with
this contract which arise under the antitrust laws of the United States, 15 USCA Section 1
et se q., and which arise under the antitrust laws of the State of Texas, Tex. Bus. & Com.
Code, Section 15.01, et seq.
P-5
BID SUMMARY
Receipt is hereby acknowledged of the f6llowing addenda to the plans and specifications:
Addendum No. I dated
Received
Addendum No. '2 dated
Received
Addendum No. 3 dated
Received
Addendum No. 4 dated
Received
Addendum No. 5 dated
Received
~e~~~ eD ~ CAS! a~5 . L.C.
CONTRA OR
BY
14SI RALsE.1 yJ~•!
CAxco~~~oa ~TX `lSoo'1
Street Address
City and State
Seal & Authorization
(If a Corporation) `492 -44to- 2500
Telephone
P-6
VENDOR COMPLIANCE TO STATE LAW
The 1985 Session of the Texas Legislature passed House Bill 620 relative to the award of
contracts to non-resident bidders. This law provides that, in order to be awarded a contract
as low bidder, non-resident bidders (out-of-state contractors. whose corporate offices or
principal place of business are outside of the State of Texas) bid projects for construction,
improvements, supplies or- services in Texas at an amount lower than the lowest Texas
resident bidder by the same amount that a Texas resident bidder would be required to
underbid a non-resident bidder in order to obtain a comparable contract in the state in which
the non-resident's principal place of business is located. The appropriate blanks in Section
A below must be filled out by all out-of-state or non-resident bidders in order for your bid to
meet specifications. The failure of out-of-state or non-resident contractors to do so will
automatically disqualify that bidder. Resident bidders must check the blank in Section B.
A. Non-resident bidders in
(give state), our principal place of.
business, are required to be percent lower than resident
bidders by state law. A copy of the statute is attached.
Non-resident bidders in (give state), our principal place of
business, are not required to underbid resident bidders.
B. Our principal place of business or corporate offices are in the State of Texas:
BIDDER:
BAs Uri-cc~.►e~xors .G
COMPAN
BY
_ t 45► 4AAS" VJ and
Street Address
,ff-o, l~koJ T-4- r1500'1
City and State
P-7
. ~ THIS-FORM
MUST BE RETURNED WITH YOUR BID.
CONTRACTOR COMPLIANCE TO TEXAS SALES TAX CODE
Comply with all requirements of the Texas Sales Tax Code. The Contractor hereby certifies
that the Contract Amount is divided as follows:
Materials incorporated into the Project
(resold to the Owner as defined in Tax Code)
All other charges and costs
Total
The.total must equal the total amount of the Contract.
I CONTRACTOR:
COW
BY
t CSI F4AAl w
Street Address
City and State
TATC TnDILS Qv . T .,r.
$ ` *1 BI 04(p - q>4
5 1b, 205. oo
$1.2-9 (P) 2til
CONTRACT AND SHALL BE MADE A PART OF THE CO 1 l yr
NTItRACT.
I P_- 8
AC®RD_ CERTIFICATE OF LIABILITY INSURANCE OPID DEB °A~'N"°'°°""Y''
TEXAS-3 10/13/08
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
IBC Insurance Agency, LTD- SA HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
5300 Walzem Road #200 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
San Antonio TX 78218
Phone:210-646-9870 Fax:210-646-8418 INSURERS AFFORDING COVERAGE NAIC0
INSURED INSURER A- Interstate Fire & Casualty
INSURER B: Ohio Casual Insurance Co _
Texas United Excavators, LLC\/ / d-, ' INSURER C: eo"Ico Lloyds Insurance Cc
P.O. Box 111520 `Vo INSURER D: Allstate Insurance Co an
Carrollton TX 75011-1520 \p II
INSURER E:
.UVtKAGtS
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REOUIREMENT• TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAD CLAIMS.
LTR NS TYPE OF INSU CE POLICY NUMBER FPCEICTEFFECTW POLICPFB
GATE 4MMIODNY) DATE (MMIDDIM UNITS
GENERAL UMLM
'
EACH OCCURRENCE
$ 1,000,000
A
X
X
COMMERCALGENERALLIABILITY
DGL1000302-"*
07/06/08
06/09%
'PREMISES (Eaocacenoe
550,000
CLAIMS MADE U OCCUR'
~
MED EXP (Any ens person)
s 51000
X
10,000 Ded. L--'*
PERSONAL 8ADVINJURY
$1,000,000
GENERAL AGGREGATE
S 2 OOO OOO
GENLAGGREGATE LIMIT APPLIES PER:
PRODUCTS -COMPIOPAGG
S2 000,000
J
POLICY n PRO- LOC
JECT
AUT
OMOBILE LIABILITY V
X
ANY AUTO
COMBINED SINGLE LIMIT
(Ea accident)
b 1 000, 000
r
ALL OWNED AUTOS
O LY INJURY
B
+
D
X
SCHEDULED AUTOS ✓
048859500
07/06/08
07/06/09
efQer60n)
S
_
qXX
HIREDAUTOS
NON-OWNEDAUTOS
BODILY INJURY
(Peracciderd)
S
-
-
PROPERTY DAMAGE
_
i
1
I
(Per eteiderd)
GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT
S
ANY AUTO
OTHER THAN EA ACC
S
I
I
AUTO ONLY: AGG
I s
EXCESSIUMBRELIAUABIUTY
EACH OCCURRENCE
s5,000,000
B
X
X OCCUR LcLAIMsMADE
EUO(09)53747266
07/06/08
07/06/09
AGGREGATE
35, 000,000
DEDUCTIBLE
S
I
RETENTION S
E
WORKERS COMPENSATION AND
-
X TORY LIMITS ER
I
C
EMPLOYERS
LIABILITY
ANY PROPRIETORlPARTNERIEXECUTNE
SRY17984-07
10/11/08
10/11/09
E.L. EACH ACCIDENT
S1, 00,01000
OFFICERIMEMBER EXCLUDED?
E.L. DISEASE - EA EMPLOYEE
S 1 , 000 , 000 7
I yyees, dearnbe under
SPECULL PROVISIONS below
E.L. DISEASE - POLICY LIMB
s 1 000 00 0
OTHER
E
Equipment Floater
MAC600338602
I
07/06/08
07/06/09
Scheduled 620,087
E
BPP
MAC600338602
07/06/08
07/06/09
Contents 200,000
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
RE: State School
City of en n is added as additional insured with respect to GL, Auto and
Umbrella aiver of Subrogation in favor of City of Denton on all policies✓--'
a.CR11rIt,AIr-MULUtK -d 1,_1
GANGtLLAl1UN
DENTO-2 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3 O --DAYS WRITTEN
j _ NOTICE TO THE CERTIFICATE HOLDER NAILED TO THE LEFT. BUT FAILURE TO DO SO SNAIL
City of Denton J "-j
215 McKinney St. IMPOSE NO OBLIGATION OR IJABILJTY OF ANY KIND UPON THE INSURER ITS AGENTS OR
Denton TX 76201 i ;jl s -REPRESENTATTVES.
enrunoncn ocovcacurarn _
ACORD 26 (20011081
Eddie M Randol C fy-, b«~ _9x
nACORD CORPORATION 1988
n