2006-003
ORDINANCE NO.~ 00(0 - 003
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND A WARDING A PUBLIC WORKS
CONTRACT FOR THE CONSTRUCTION OF THE SOUTHWEST BOOSTER PUMP STATION
FACILITY FOR THE CITY OF DENTON WATER/WASTEWATER UTILITIES DIVISION;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN
EFFECTIVE DATE (BID 3410-S0UTHWEST PUMP STATION AND GROUND STORAGE
T ANK AWARDED TO RED RIVER CONSTRUCTION CO. IN THE AMOUNT OF $4,703,000).
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
3410
Red River Construction Co.
$4,703,000
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 ofthe 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 ofthe above competitive bids and the execution
of contracts for the public works and improvements as authorized herein, the City Council hereby
authorizes the expenditure offunds 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.
PASSED AND APPROVED this the 3/>d day Of~/Il.L1 (tAt! ,2006.
~ ;Ju;cL
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BYs:r&~ hleh"A/
APPROVED AS TO LEGAL FORM:
EDWINM. SNYDER, CITY ATTORNEY
BY:
3-0RD-Bid 3410
CONTRACT AGREEMENT
STATE OF TEXAS
~ COUNTY OF DENTON ~
THIS AGREEMENT, made and entered into this 3rd day of January A.D., 2006, by and
between City of Denton of the County of Denton and State of Texas, acting
through Michael A. Conduff thereunto duly authorized so to do,
hereinafter termed "OWNER," and
Red River Construction Co.
2804 Capital Street
Wvlie. TX 76209
of the City of Wylie, County of Collin and State of
"CONTRACTOR. "
Texas
, hereinafter termed
WITNESSETH: That for and in consideration of the payments and agreements hereinafter
mentioned, to be made and performed by OWNER, and under the conditions expressed in the bonds
attached hereto, CONTRACTOR hereby agrees with OWNER to commence and complete
performance of the work specified below:
Bid 3410-Construction of the Southwest Booster Pump Station and Ground Storage Tank
in the amount of$ 4.703.000.00 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, and the Specifications therefore, as pn~pared by:
Kimlev-Horn and Associates. Inc.
all of which are referenced herein and made a part hereof and collectively evidence and constitute
the entire contract.
CA-l
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, subj ect to such extensions of time as are provided by the General and
Special Conditions.
The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown
in the Proposal, which forms a part of this contract, such payments to be subject to the General and
Special Conditions of the Contract.
CA-2
IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the
year and day first above written.
ATTEST: I "\
~"'~L-W~ H"A~
\',~~^,1!iMr
City of Denton
~~~T~Jj ele' 9~
Red River Construction Co.
CONTRACTOR
2804 Capital Street
Wylie, Texas 75098
MAILING ADDRESS
972-578-0127
PHONE NUMBER
972-578-1043
FAX NUMBER
'- / ~ /~-
BY: t /-- ')-
TITLE Chairman
Dean Porter
PRINTED NAME
(SEAL)
CA-3
Bond #PRF08809421 .
PERFORMANCE BOND
STATE OF TEXAS S
COUNTY OF DENTON S
KNOW ALL MEN BY THESE PRESENTS: That Red River Construction companYL-!nc./
whose adnress is 04 Ca ital S eet W . TX 75098 hereinafter called Principal, and
Colonial American
Fidelit and De osit Com an of Ma land a corporation organized and existing under the laws
of the State of Maryland , 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 Four Million Seven Hundred Three Thousand and 0/100"""-
DOLLARS ($ 4.703.000U1lius ten percent of the stated penal sum as an additional sum of money
representing additional court expenses, attorneys' fees, and liquidated damages arising out of or
connected with the below identified Contract, in lawful money of the United States, to be paid in
Denton County, Texas, for the payment of which sum well and truly to be made, we hereby bind
ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly
by these presents. This Bond shall automatically be increased by the amount of any Change Order
or Supplemental Agreement, which increases the Contract price, but in no event shall a Change
Order or Supplemental Agreement, which reduces the Contract price, decrease the penal sum of this
Bond.
THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal
entered into a certain Contract, identified by Ordinance Number 2006- . 003 , with the City of
Denton, the Owner, dated the ~day of Januarv A.D. 2006 ~ a copy of which is hereto
attached and made a part hereof, for Bid 3410 Southwest PumP Station and Ground Storage Tank.C/'
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 (I) year from
the date of final completion and final acceptance of the Work by the Owner; and, if the Principal
shall fully indemnify and save harmless the Owner from all costs and damages which Owner may
suffer by reason of failure to so perform herein and shall fully reinlburse 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-l
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 tinle, 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 tinle, 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 Six copies, each one of which
shall be deemed an original, this the ~ day of January 2006 ./
ATTEST:
BY: Y))(llc: (J~
SECRETARY
PRINC~AL ~
Red River Construct19n Company, Inc.
~-..- /-
BY: - \ _______ _ \ ___
\ \
Dean Porter, Chairman
BY:
~v/&L
SURETY
Colonial American Casualty and Surety Company and
Fidelity and Deposit Company of Maryland
WITNESS:
~~/
Tra Tucker
The Resident Agent of the Surety in Dallas County, Texas for delivery of notice and service of the
process is:
NAME: William Lawrence Brown
STREET ADDRESS:
10300 N Central Expy. #580 Dallas, TX 75231-8630
(NOTE: Date of Performance Bond must be date of Contract. If Resident Agent is not a corporation, give a
person's name.)
PB -2
Off-
~d,.
~i) sf
Bond #PRF08809421
PAYMENT BOND
STATE OF TEXAS 9
COUNTY OF DENTON 9
KNOW ALL MEN BY THESE PRESENTS:
, whose address is 2804 Ca ital Street W lie TX 75098
hereinafter called Principal, and ~ ~y ~y anar ~~s ~s~~mpKn~n of 1I~~ran8~ corporation
organized and existing under the laws of the State of MarYland . 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 hereinaftJYriferred to, in the penal sum of
Four Million Seven Hundred Three Thousand and 0/100"l50LLARS ($ 4.703.000nnlawful
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.
That Red Rl ver Cons trucUon Company, Inc. /
THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal
entered into a certain Contract, identified by Ordinance Number 2006- /003 , with the City of
Denton, the Owner, dated the ---1- day of Januarv 6 A.D. 2006/, a copy of which is hereto ./
attached and made a part hereof, for Bid 3410 Southwest Pumn Station and Ground Storage Tank...........-
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 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 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 6 copies, each one of which shall
be deemed an original, this the ~ day of January ,2006 c/
ATTEST:
BY: d(')A
SECRETARY
PRlNCIP AL
'Q~~
/
Red River Construction/Company,
BY: ~ ~ ~ v ~
Dean Porter, Chairman
Inc.
---'
WITNESS:
BY: ~4U
SURETY
Colonial American Casualty and Surety Company
and Fidelity and Deposit Company f~Maryland
The Resident Agent of the Surety inDallas County, Texas for delivery of notice and service of the
process IS:
NAME: William Lawrence Brown
STREET ADDRESS:
10300 N Central Expy. #580 Dallas, IX 75231-8630
(NOTE: Date of Payment Bond must be date of Contract. If Resident Agent is not a corporation,
give a person's name.)
PB-4
D\l- ~
\'l,,?\Jl
\\ 'L;(
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND .9B'OSIT COMPANY OF MARYLAN~ the
COLONIAL AMERICAN CASUALTY AND SURETY COMPAN~rporations or the S~I~((,r:Marvland. hy FRANK E.
. MARTIN JR., Vice President. and GREGORY E. MURRA y, Assistant Sccrct~!:Ynin~uf(9)b.Q;;\}~.Lh:)rity gr<llllcd hy
Arti.c~c VI. Scc.lio~l 2. ,of the BY-~~IWS or said Compani~s. which <.l,re se\~.f~~\--en~~jr~>\vd~ 9~~~({r ~nd arc herehy ~
eerl1lied to he In lullloree and elleet on the date hereol. d09'-1I~-0ii,!~I'o\Jt,,:S'!!)Sl+lI'N'fand~'1 racy TUCKERY
Tobin TUCKER and W. Lawrence BROWN, ~ot~\J'i-lh;:'-l'6~~,--~;;\\l!;i!'~l~6\Je"nVIiJ lawrul agent and Attorney.;n.
Fact. to m.ake. c~ecute. seal and deliv:!:r-f'f'\~ ~'-)\lS>~'E<1!J iAJiVI\l:R~)i1Vibr~ct and d~ed: an~' and all h~nds and
underlakmgs. EXCEPT b9Jl,d~.,r.,(b..9~~Ofrl.~ep.~'!PA'i#(j;,k,tf"UIO'rS. Commumty Survivors and Commumty
Guardians. and th\~X&~i~~(lr\s\Jc1(h.oo9SIZ)f)uMt.\\~tk~~~~ in pursuance of these presents. shall he as hindin!! upon said
"'\ v '..J~ '1\. ~~ ,,,,,,-,:y -
Companies. as fully dfilt.arll~I-Y, t~1?\iqIK~ amt"purposes. as if they had heen duly executed and acknowledged hy the
regularly elected ofr~-'o.'t:'J(;t~f\ "\.-\c(ktJpAny at its office in Baltimore. Md.. in their own proper persons. This power or attorney
''''"'\"J' '~-
revokes that issued 0~JlC'mr1111fTraey TUCKER, Tohin TUCKER. W. Lawrence BROWN. dated May 30. 20m.
The said Assistant Secretary does herehy certify that the extract set forth on the reverse side hereof is a true copy of Article VI.
Section 2. of the By-Laws of said Companies. and is now in force.
IN WITNESS WHEREOF. the said Vice-President and Assistant Secretary have hereunto suhscrihed their nallles and
afrixed the Corporate Seals or the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND. and the COLONIAL
AMERICAN CASUALTY AND SURETY COMPANY. this I Ith day orOelllber. A.D. 2004,
ATTEST:
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
//1 {: //1,
L:::-fL''-'V"--''--- ~ I 11.1 i_ .
-.. :.,\,. I] .' -.' >::'"
z.~;
By:
'7 J' ,. "-,[
___"-1''''__'_ .. <./-r-
.,_' ",_L, 'I. .'
f I,iff (',(. / iL~.1,~..- /1
'---~__{." .. . r L,-l
Gregory E. Murray Assistallf SecreTary
Frank E. Marrin Jr.
Vice President
Stale of Maryland }SS.
City of Baltimore . . .
On this ] I th day of October, A.D. 2004. before the suhseriher. a Notary Puhlie of the State of Maryland. duly
commissioned and qualilicd. came FRANK E. MARTIN JR.. Vice President. and GREGORY E. MURRAY. Assistant
Secretary or the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. and the COLONIAL AMERICAN
CASUALTY AND SURETY COMPANY. to me personally known to he the individuals and ol'lieers deserihed in and who
executed the preceding instrument and they each acknowledged the execution or the same. and heing hy me duly sworn,
severally and each for himself dcposeth and saith. that they arc the said orticers of the Companies aforesaid. and that the seals
affixed to the preceding instrument is the Corporate Seals of said Companies. and that the said Corporate Seals and their
signatures as such olTicers were duly affixed and suhscrihed to the said instrument hy the authority and direction or the said
Corporations.
IN TESTIMONY WHEREOF. I have hereunto set my hand and affixed my Official Seal the day and year first ahove
written.
Dennis R. Hayden Notary PuMic
My Commission Expires: Fehruary I. 2005
POA.F 168.2829
~
~\1<~~
EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND
"Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior
Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee,
shall have power, by and with the concurrence of the Secretary or any onc of the Assistant Secretaries, to appoint Resident
Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or 10
authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations,
policies, contracts, agrecmcnls, deeds, and releases and assignments or judgements, decrees, mortgages and instruments in
the nature of mortgages,...and to affix the seal of the Company thereto."
EXTRACT FROM BY-LAWS OF COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
"Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior
Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee,
shall have power. by and with the concurrence of the Secretary or anyone bf the Assistant Secretaries, to appoint Resident
Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to
authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations,
policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in
the nature of mortgages,...and to affix the seal of the Company thereto."
CERTIFICATE
I, thc undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and lhe
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, do hercby ccrtify that the forcgoing Power of
Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice-President who
executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors
to appoint any Attorney-in-Fact as ptovided in Articlc VI, Section 2, of the respective By-Laws of lhe FIDELITY AND
DEPOSIT COMPANY OF MARYLAND, and lhe COLONIAL AMERICAN CASUALTY AND SURETY COMPANY.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the
Board or Dircclors or the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on
lhe 10th day of May, 1990 and of lhc Board or Direclors of the COLONIAL AMERICAN CASUALTY AND SURETY
COMPANY al a meeling duly called and held on the 5th day or May, 1994.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically
reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or
hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and
binding upon the Company with the same force and effect as though manually affixed."
IN TESTIMONY WHEREOF, I havc hcreunto subscribed my name and affixed the corporate seals of the said Companies,
lhis
3rd
day or
January
2006
/i
,J).Jl :? ,<4b
A.ui.sTilnr SecreTary
utlW
~
Fidelity and Deposit Company of Maryland
Home Office: P.O. Box ]227, Baltimore, MD 2]203-]227
IMPORTANT NOTICE
To obtain information or make a complaint:
You may call the Fidelity and Deposit Company of Maryland, Colonial American Casualty and
Surety Company, and/or Zurich American Insurance Company's toll-free telephone number for
information or to make a complaint at:
1-800-654-5155
You may contact the Texas Department of Insurance to obtain information on companies,
coverages, rights, or complaints at:
1-800-252-3439
You may write the Texas Department of Insurance:
P.O. Box 149104
Austin, TX 78714-9104
FAX # (512) 475-1771
PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning the premium or
about a claim, you should first contact Fidelity and Deposit Company of Maryland or Colonial
American Casualty and Surety Company. If the dispute is not resolved, you may contact the Texas
Department of Insurance.
ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does
not become a part or condition of the attached document.
S854Jf(TX) (08/01)
A CORD,. CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDDIYYYY)
1/10/2006
PRODUCER (817)336-8520 FAX (817) 336-6501 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Tucker Agency, Ltd. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
P 0 Box 2285 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Ft. Worth TX 76113 INSURERS AFFORDING COVERAGE NAIC#
INSURED rnc./' INSURERA:Amerisure Insurance Co
Red River Construction Co. , ~~ INSURER B: Great American Ins Co
2804 Capital Street INSURER c: Federal Insurance Co.
INSURER 0
Wylie TX 75098 INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY
REQUIREMENT, 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 PAID CLAIMS.
INSR AOO'L TYPE OF INSURAblCE POLICY EFFECTIVE POLlCY EXPIRATION
LTR INSRO POLICY NUMBER OATE (MM/OONY) OA TE (MM/DDNY) LIMITS
~NERAL LIABILITYV' EACH OCCURRENCE $ 1,000,000 r
x COMMERCIAL GENERAL LIABILITY ~P2002251Q3 /' ~~~J9E~~~J~~nce\ $ 300,000
A I CLAIMS MADE ~ OCCUR 8/30/2005 8/30/2006 .- MED EXP (Anv one person) $ 10,000
- PERSONAL & AOV INJURY $ 1.000,000
GENERAL AGGREGATE $ 2,000,000 ---
-
GEN'L AGGREGATE LIMIT AnE~ PER: PRODUCTS - COMPIOP AGG $ 2,000,000
-'l-~PRO
POLICY X JECT LOC
~TOMOBILE LIABILITY / COMBINED SINGLE LIMIT $ 1,000,000 ---
~ ANY AUTO /' CA20Q225203/' (~ccidenl)
A - ALL OWNED AUTOS 8/30/2005 8/30/2006 .- BODILY INJURY
(Per person} $
- SCHEDULED AUTOS
~ HIRED AUTOS BODILY INJURY
(Per accident} $
~ NON-OWNED AUTOS
- PROPERTY DAMAGE $
(Per accident}
GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $
=1 ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $
-
B ~ESSIUMBRELLA LIABILITY"" TUU5578l1l-00 ~ 8/30/2005 8/30/2006 .- $ 5.000,000 ,....
EACH OCCURRENCE
X OCCUR D CLAIMS MADE AGGREGATE $ 5,000,000 ---
$
=i DEDUCTIBLE $
RETENTION $ /' $
A WORKERS COMPENSATION AND /' X I T~~-lIiUHs r IOJ~-
EMPLOYERS' LIABILITY E.L. EACH ACCIDENT 1.000.000 ---
ANY PROPRIETOR/PARTNER/EXECUTIVE WC200224903 ~ $
OFFICER/MEMBER EXCLUDED? 8/30/2005 8/30/2006..... E.L. DISEASE - EA EMPLOYEE $ 1,000,000 ;-"
Ilyes, describe under -
SPECIAL PROVISIONS below ./ E.L. DISEASE - POLICY LIMIT $ 1,000,000
C OTHER Builders Risk .."" 663-32-35 ......-....- 8/30/2005 8/30/2006 ~ Location Limit $4,703,000 -
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
Re: Construction of the Southwest Booster Pump Station and Ground Storage Tank -- Additional ins\1r~d and W~;VAr of
Isubro~ation in favor of the City of Dentn~1 its Officials, Agents, Employees and volunteers where required by
contract.Y'Said policies shall not be cancelled, nonrenewed or materially changed 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~
CERTIFICATE HOLDER
CANCELLATION
Ci ty of Denton...........
901B Texas Street
Denton, TX 76209
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL
3 0 ~ WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT
ACORD 25 (2001108)
~l"; INS025 (0108).05
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ELECTRONIC LASER FORMS, INC. - (800)327-0545
CORD CORPORATION 1988
Page 1 012
COMMENTS/REMARKS
case 10 days advance written notice is required.
OFREMARK COPYRIGHT 2000, AMS SERVICES INC.
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.
.. 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 ofliability.
All policies shall be endorsed to read:
"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
includes a general annual aggregate limit providing for claims investigation or legal
defense costs to be included in the general annual aggregate limit, the Contractor shall
either double the occurrence limits or obtain Owners and Contractors Protective
Liability Insurance.
Should any required insurance lapse during the contract term, requests for payments
originating after such lapse shall not be processed until the City receives satisfactory
evidence of reinstated coverage as required by this contract, effective as of the lapse
date. If insurance is not reinstated, City may, at its sole option, terminate this
agreement effective on the date of the lapse.
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS:
All insurance policies proposed or obtained in satisfaction of this Contract shall additionally
comply with the following marked specifications, and shall be maintained in compliance with these
additional specifications throughout the duration of the Contract, or longer, if so noted:
[X] A. General Liability Insurance:
General Liability insurance with combined single limits of not less than $1.000,000
shall be provided and maintained by the Contractor. The policy shall be written on an
occurrence basis either in a single policy or in a combination of underlying and
umbrella or excess policies.
If the Commercial General Liability form (ISO Form 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 (XCV) 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 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.
[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 I in accordance with 9406.096
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.
[X] 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.
[ ] 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.
ATTACHMENT 1
[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 proj ect, 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.
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 proj ect; 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
proj ect 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 proj ect.
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 proj ect 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) a certificate of coverage, prior to the other person beginning work on the
project; and
(b) a new certificate of coverage showing extension of coverage, prior to the
end of the coverage period, if the coverage period shown on the current
certificate of coverage ends during the duration of the project;
(5) retain all required certificates of coverage on file for the duration of the project
and for one year thereafter;
(6) notify the governmental entity in writing by certified mail or personal delivery,
within 10 days after the person knew or should have known, of any change that
materially affects the provision of coverage of any person providing services on
the project; and
(7) contractually require each person with whom it contracts, to perform as required
by paragraphs (1) - (7), with the certificates of coverage to be provided to the
person for whom they are providing services.
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 proj ect, 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.
00300 BID PROPOSAL
PROPOSAL OF
Red River Construction Co.
. , :.
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a Corporation organized and exisiirig under the laws of the State of T~xas
. . .
,....'..- .
.. apartnei-sIiip consisting of
xxxxxxxxxxxxxxxxxxxxx:x....t!i... b . f XXXXXXX:Xxxxxxxxx . d' 'd I
". . '. ...., e usmessnameo .anmlVlua....
TO: City of Denton
PROPOSAL FOR: Southwest Pump Station and Ground Storage Tank
,Bid No,Ml().
The undersigned l3idderhas carl,)f4lly examined the Invitation for Bids, Jnstructions to Bidders,)his . .
Proposal, the Supplernentai Conditions, the form of Contract Agreement and Bonds, the General
Conditions of the Agreement, the Specifications, the Drawings, and the site of the work, and will provide
all necessary labor, superintendence, machinery, equipment, tools, materials, services and other facilities
to complete fully all the work as provided in the Contract Documents; and will execute the contract and
bonds in the Contract Docwnents upon formal acceptance ofhis Proposal forthe unit prices and amounts
shown below,
BASE BID ITEMS:
BASE BID ITEM 1-": PUMP STATION AND YARD PIPING'
For construction of the Southwest Pump Station, iitcludui~bu1Id~g,meter~,inetei' vaui~, yard piping,
valves, electrical, instrwnentation, SCADA, HV AC, Site Work, Overhead Bridge Crane, and all
equipment, ~teri:l1s and in -accordance with the contract documents, plans and specifications except.for
Base Bid Items 2 and 3 and Alternate Item AI, for the Iwnp sum of: (Words and Figures) .
~"",p O\i\\iOr'\ e.~,\'h\- \r\lIntlV"Qd +Wen\tI"\-h""'~~Qrd JLlnQr~
OY'lA
""0
/lD V\-t <;
(Dollars):tJ~e20JOOO .00
BASE BID ITEM 2 - TRENCH SAFETY
All trench safety related to the construction of the Southwest Pump Station and all related appurtenances
in accordance with General Conditions and plans and specifications for the lump sum price of: (Words
and Figures)
fu{'eE> -v..nl)~o.nc\ do \\o.('S' OV'lc\ IX:') Ce.n1s
(Dollars)
iJ3100o.00
BASE BID ITEM 3 -I MILLION GALLON GROUND STORAGE TANK
Bid Proposal
. DTN00343
00300-1
. .
For construction of a 1 million gallon ground storage tank including, 'appurtenances; inlet/outlet piping,
overflow piping, tank drain line, tank painting, and all equipment, materials and in accordance with the
contract documents, plans and specifications for the lwnp sum price of: (Words and Figures)
t\ve \-.unO<'Pd ~i~\-\\ -fuooscw-C\ ck\'n(S a~9
\'\t) Cef\ts (Dollars) ~550)COO; DO
TOTAL BASE BID (Words and Figures){Base Bid Items 1,2, and 3):
7 0001" O\\\\io(\ "\vwt"e.. hoV"tdre.d ~~fI~ ~uP
,""I'll ~~Y"\J (I~\'~r... o.vrl
no ce.Y\-ts (DollarsL~.://31~IOOO .C>O
ALTERNATE ITEM: '
ALTERNATE ITEM Al- 2 MILLION GALLON GROUND STORAGE TANK
For construction of a 2 million gallon ground storage tank including, appurtenances, inlet/outlet piping,
overflow piping, tank drain line, tank painting, and all equipment, materials and in accordance with the
contract documents, plans and specifications for the lump sum price of: (Words and Figures)
19i CI\'\ Y\\..l\'\df'ed E'\(\In~ -\-Y\oc.)SO~d A",\ \ nr~ n Y\0\
\ ,4
1'\0 c.ex\T5
(Dollars) ~ 5'F)OjC:OO .00
For changing quantities of work items from those indicated on the plans and necessitated by actual
foundation cOIl.ditions upon written instructions from the ENGINEER, the following unit prices shall.
prevail:
I. 18-inch diameter drilled piers, per linear foot, for depths different than those 'shown on the drawings,
complete in place:
Extra
Credit
Bid Proposal
DTN00343
00300-2
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2. Rock excavation for the Pump Station Building foundation, per vertical foot, for depths differeitt than
those shown on the draWings, completein place: " , " ,", '" " '. ,
Extra '\+rt~P -\n(."~'f:.aY)c\ n~f'I<. n\l'l)d\ed r\c\\or.""
CAn c\ V') C'll'e Y"\ \-s
(Dollars) t\31<\ CO . CO
Credit -t\;~p@ -\noosonA c\c\\or.<i" nv'\(\ nn Ce.",1-S
(Dollars) 1l3JlYYl .00
3. Rock excavation for the Welded Steel Grouod Storage Tank foundation, per vertical foot, for depths
different than those shown on the drawings, complete in place:
Extra ~I'\ %I(')usond ,1(')\\0.'("'<:;. and I'Yl (,PVl+S
(Dollars) }tIc) <!lOO .00
Credit n\V)e. fuooso.nd ('\ono(".S o~ no c.ents
f:J
(Dollars) 0.)000. aa
4. Rock excavation for meter vaults, per vertical foot, for depths different than those shown on the
drawings, complete in place:
Extra ~p hUY\c!fl2d C:O~eY\~ dc\\o.y--"" orc\ ()o
rPV'Yh,.
(Dollars) 11 31 () . O()
Credit O"le n\.ll'"'\df'E'd dc\\ars G...-d ('0 ('PYI+S
(Dollars) is {oo . GO
BIDDER acknowledges that the OWNER has the right to award the contract based on the Total Base Bid
or the Total Base Bid with Alternate Item AI.
BIDDER acknowledges that in the event OWNER chooses Alternate Item Al it shall completely replace
Base Bid Item 3
Bid Proposal
DTN00343
00300-3
The undersigned bidder will execute the Contract Agreement within fifteen (15) days after receiving a
Notice of Award and will furnish approved bonds and insurance as required by the Contract Documents
for the faithful performance of the Contract. The attached bid security in the amount of five (5) percent
the amount bid is to become the Property of the Owner as liquidated damages for the d,({lay;and additional
work caused by the failute <if'tlie bidder to enter into a contract in the event the Contritct' Agreement and
bonds are not executed within fifteen (15) days.
~.' -';"'-" ." -- . .," - > .,~ .
The undersigned agrees to substantially complete all work covered by these Contract Documents by
March 28, 2007. The undersigned agrees to achieve final completion by April 27, 2007. The date
established for th9~tart of work will be notlessth.an ten (10).days oruot wore than th,.it1y(30) days after
the date of the COiltract Agreement, except by mutUal agreenient of the OWNER and the
CONTRACTOR.
Receipt is acbtowli:dged of the following addenda:
DATE
BY
- ,/-- j/:;
~. , 2.. . ,..
..l.;-'-y--..:....
Addendum No.1
Addendum No.2
Addendum No.3
Addendum No.4
Addendum No.5
AddendumNo. 6
.10/28/05
.e. .O,?
.~
. . ~
.-:-'.
-
Respectfully submitted,
B~' \~
Attested By:
Dean Porter; Chairman. '
(print Nam: and ~i~ I,..
'1 );(fkA. ~T)
Secretary
2804 Capital St., Wylie, Tx 75098
Address
(SEAL) If Bidder is a Corporation
NOTE: Do not detach bid forms from other papers. Fill in with ink and submit complete with attached
papers.
Bid Proposal
DTN00343
00300-4
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 atan amount lower than the
lowest Texas resident bidder by the same amount that a Texas resident bidder would be required to un:derbid a
non-resident bidder in order to obtain a comparable contract in the state in which the non-resident's principal
placeofbusiness is located. The appropriate blanks in Section A must be filled out by all out-of-state ornon-
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 nrust check the blank in
Section B.
A. Non-resident vendors 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 vendors in
underbid resident bidders.
'.
(give state), our principal placeofbusiness, are not required to
B. X Our principal place of business or corporate offices are in the State of Texas:
BIDDER:
Red River Construction Co.
Company
By: Dean Porter
(please print)
~
\~ <--
--
Signa~:-.J ~
-
Wylie, Texas 75098
Title:
Chairman
State
Zip
(please print)
City
TIDS FORM MUST BE RETURNED WITH YOUR BID
Bid Proposal
DTN00343
00300-5
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:
Material incorporated into the proj ect
(resold to the Owner as defined in Tax Code)
$ :>:'2.10'5)000.00
$ \ 1\ 091j(x)() .r:/)
$ 41~T~ ICQ() .DO
All other charges and costs
Total *
* The total must equal the total amount of the Contract.
CONTRACTOR:
07--=.1/;-
(signature of authorized person)
~
Red River Construction Co.
Company (please print)
2804 Capital St.
Address
Chairman
Title:
Wylie, Texas 75098
City State Zip
THIS FORM SHALL BE EXECUfED AT TIME OF EXECUTION
OF CONTRACT AND MADE APART OF THE CONTRACT.
Bid Proposal
DTN00343
00300-6
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RESOLUTION
OF
RED RIVER CONSTRUCTION CO.
I hereby certify that it was RESOLVED by a quorum of the
I
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directors of Red River Construction Co., meeting on the 10th day
of November
, 2005, that Dean Porter, Chairman and
Treasurer, be, and hereby is, authorized to act on behalf of Red
. y
I
River Construction Co., as its representative, in all business
transactions conducted in the State of Te~as, and;
That the above resolution was unanimously ratified by the
Board of Directors at said meeting and that the resolution has not
been rescinded or amended and is now in full force and effect, and;
In authentication of the adoption of this resolution, I
subscribe my name and affix the seal of the corporation this 10th
day of Nnvpmber
, 2005.
(seal)
'-{Ii r-L ~
Vicki Porter, Secretary
Red River Construction Co.
2804 Capital Street
Wylie, TX 75098
State of Incorporation: Texas