2003-215ORDINANCE NO,4ZQQ- - R
CONSIDER ADOPTION OF AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND
AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF THE COOPER
CREEK LIFT STATION; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE;
AND PROVIDING AN EFFECTIVE DATE (BID 3011-COOPER CREEK LIFT STATION
AWARDED TO CAN-FER CONSTRUCTION COMPANY, INC. THE AMOUNT OF
$1,225,259.25).
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. That the following competitive bids for the construction of public works or
improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on
file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto,
are hereby accepted and approved as being the lowest responsible bids:
BID
NUMBER CONTRACTOR AMOUNT
3011 Can-Fer Construction Company, Inc. $1,225,259.25
SECTION 2. That the acceptance and approval of the above competitive bids shall not
constitute a contract between the City and the person submitting the bid for construction of such
public works or improvements herein accepted and approved, until such person shall comply with all
requirements specified in the Notice to Bidders including the timely execution of a written contract
and furnishing of performance and payment bonds, and insurance certificate after notification of the
award of the bid.
SECTION 3. That the City Manager is hereby authorized to execute all necessary written
contracts for the performance of the construction of the public works or improvements in accordance
with the bids accepted and approved herein, provided that such contracts are made in accordance
with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms,
conditions, plans and specifications, standards, quantities and specified sums contained therein.
SECTION 4. That 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. That this ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the Z /!Z- of 2003.
A"t-
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
r
BY.
APPROVED AS TO GAL FORM:
HERBERT L. PRO( 541, CITY ATTORNEY
BY:
3-ORD-Bid 3011
CONTRACT AGREEMENT
STATE OF TEXAS §
COUNTY OF DENTON §
THIS AGREEMENT, made and entered into this 15th day of filly
A.D., 2003, by and between City of Dentnn
of the County of Denton and State of Texas, acting through Michael A Conduff
thereunto duly authorized so to do, hereinafter termed "OWNER," and
of the City of Denton , County of Dent=
and State of Texas , hereinafter termed "CONTRACTOR."
WITNESSETH: That for and in consideration of the payments and agreements
hereinafter mentioned, to be made and performed by OWNER, and under the conditions
expressed in the bonds attached hereto, CONTRACTOR hereby agrees with OWNER to
commence and complete performance of the work specified below:
Rid 1011 - Cooper Creek T ift Stntinn in the amount of 1 295 259 95 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 attached hereto, and in accordance with all the General Conditions of the
Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids),
Instructions to Bidders, and the Performance and Payment Bonds, all attached hereto, 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 prepared by:
all of which are 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 shall and does hereby agree to indemnify and hold harmless the City of
Denton from any and all damages, loss, or liability of any kind whatsoever, by reason of injury
to property or third persons occasioned by any error, omission or negligent act of Contractor,
its officers, agents, employees, invitees, and other persons for whom it is legally liable, with
regard to the performance of this Agreement, and Contractor will, at its cost and expense,
defend and protect the City of Denton against any and all such claims and demands.
Choice of Law and Venue
This agreement shall be governed by the law of the State of Texas and venue for its
construction and enforcement shall lie in the courts of Denton County, Texas.
The CONTRACTOR hereby agrees to commence work on or after the date established
for the start of work as set forth in written notice to commence work and complete all work
within the time stated in the Proposal, subject to such extensions of time as are provided by the
General and Special Conditions.
The OWNER agrees to pay the CONTRACTOR in current funds the price or prices
shown in the Proposal, which forms a part of this contract, such payments to be subject to the
General and Special Conditions of the Contract.
CA-2
IN WITNESS WHEREOF, the parties of these presents have executed this agreement
in the year and day first above written.
ATTEST:
tnn
OWN
BY: ' , v
(SEAL)
ATTEST-
CONTRACTOR
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MAILING ADDRESS
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PHONE NUMBER
FAX
BY:
APPROVED AS TO FORM:
CITY ATTORN
Mes R
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PRINTED NAME
(SEAL)
CA-3
Bond No. 2033739
PERFORMANCE BOND
STATE OF TEXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS: That Can-Fer Constrnotinn Cmnnnnv ✓
Inc whose address is 11 IS Morrison Lane Dallas IX '75999 hereinafter called Principal,
and North American Specialty Insurance Company , a corporation organized and
existing under the laws of the State of New Hamoshifeand 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 One Million Two Hundred Twenty Fiya-Thnn.,zand Twn 14iindred
Fifty Wine nOLLARS and Twenty Five Cents ($1 ?25, 5 25) us 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 2001-715
with the City of Denton, the Owner, dated the 15th day of hily
A.D. 2M3 a copy of which is hereto attached and made a part hereof, for
Bid 1011 _ C er Creek T.ift Stntinn
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill
all of the undertakings, covenants, terms, conditions and agreements of said Contract in
accordance with the Plans, Specifications and Contract Documents during the original term
thereof and any extension thereof which may be granted by the Owner, with or without notice
to the Surety, and during the life of any guaranty or warranty required under this Contract, and
shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions
and agreements of any and all duly authorized modifications of said Contract that may
hereafter be made, notice of which modifications to the Surety being hereby waived; and, if the
Principal shall repair and/or replace all defects due to faulty materials and workmanship that
appear within a period of one (1) year from the date of final 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 full force and effect.
PB-1
PROVIDED FURTHER, that if any legal action be filed upon this Bond, exclusive
venue shall lie in Denton County, State of Texas.
AND PROVIDED FURTHER, that the said Surety, for value received, hereby
stipulates and agrees that no change, extension of time, alteration or addition to the terms of
the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications,
Drawings, etc., accompanying the same, shall in anywise affect its obligation on this Bond,
and it does hereby waive notice of any such change, extension of time, alteration or addition to
the terms of the Contract, or to the Work to be performed thereunder, or to the Plans,
Specifications, Drawings, etc,
This Bond is given pursuant to the provisions of Chapter 2253 of the Texas
Government Code, as amended, and any other applicable statutes of the State of Texas.
The undersigned and designated agent is hereby designated by the Surety herein as the
Resident Agent in Denton County to whom any requisite notices may be delivered and on
whom service of process may be had in matters arising out of such suretyship, as provided by
Article 7.19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas.
IN WITNESS WHEREOF, this instrument is executed in 4 copies, each 2pe- of
which shall be deemed an original, this the 15th day of July 2003
ATTEST:
PRINCIPAL
Can-Fer nstr ' on Coma E.°
BY
SECRETARY BY:
IDENT
LZ
WITNESS:
SURETY
D North American Specialty Insurance Co an
BY:
BY:
ATTORNEY-IN-FACT
Carol Goodenough
The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service
of the process is:
NAME: Ray Watson, Mullis Newby Hurst, LP
STREET ADDRESS: 16600 Dallas Parkway Ste 300 Dallas TX 75248
(NOTE: Date of Performance Bond must be date of Contract. If Resident Agent is not a
corporation, give a person's name.)
PB-2
jl
p
Bond No. 2033739
PAYMENT BOND
STATE OF TEXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS: That Can_Fer Cnnstrnrtinn ~v✓
Ina-, whose address is 31150 Morrison Lane, T)nllAq TY 75T? , hereinafter called Principal,
andNorth American S ecial Insurance C .corporation organized and existing under the laws of the
State of New Hampshire 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 Millinn Two
Hundred Twenty Eive Thmigand Twn Hundred Fifty Nine DOLLARS and Twenty Fiv
Cents, $ 1 a25 X59 ) 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 20nl-'15
with the City of Denton, the Owner, dated the 15th day of 1111y A.D. ?00'1 ✓
a copy of which is hereto attached and made a part hereof, for Rid 3(11 1 _ Cooper Creek Lift
Station
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.
PB-3
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 4 copies, each on~of
which shall be deemed an original, this the 15th day of July , 2003 ✓
ATTEST:
BY: UVI
SECRETARY
WITNESS:
BY:
PRINCIPAL
Can-Fer Construction Com an
P IDENT
SURETY
North American Specialty Insuran-a Cocmpan
BY:
ATTORNEY-IN-FACT
Carol Goodenough
The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service
of the process is:
NAME: Ray Watson. Mullis Newby Hurst LP
STREET ADDRESS: 16600 Dallas Parkway, Ste 300 Dallas TX 75248
(NOTE: Date of Payment Bond must be date of Contract. If Resident Agent is not a
corporation, give a person's name.)
PB-4
5~
POLICYHOLDER DISCLOSURE
NOTICE OF TERRORISM INSURANCE COVERAGE
ENDORSEMENT
Coverage for acts of terrorism as defined in § 102(1) of the Terrorism Risk insurance
Act of 2002 ("the Act") is already included in this surety bond. You should know that,
effective November 26, 2002, under your existing coverage, any losses caused by
certified acts of terrorism would be partially reimbursed by the United States under a
formula established by federal law. Under this formula, the United States pays 90%
of covered terrorism losses exceeding the statutorily established deductible paid by
the insurance company providing the coverage. The portion of your annual premium
that is attributable to coverage for acts of terrorism ism
As your insurance/surety company we are sending you this notice to comply with the Terrorism Risk
Insurance Act of 2002.
For questions regarding this notice please visit our website www.nassurety.com or you may call our
office at 630- 227- 4825.
REV: 2103 agent notice
NAS SURETY GROUP
NORTH AMERICAN SPECIALTY INSURANCE COMPANY
WASHINGTON INTERNATIONAL INSURANCE COMPANY
GENERAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company`s corporation duly organized and existing under
laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International
Insurance Company, a corporation organized and existing under the laws of the State of Arizona and having its principal office in the City of Itasca,
Illinois, each does hereby make, constitute and appoint:
SAM J. MULLIS, JR., JOHN W. NEWBY, R. DON HURST,
PATRICIA BARTLETT, .)JdCIE HOGUE, RAY WATSON,
CAROL GOODENOUGH nd DEBBIE SMITH,jointly or severally
Its true and lawful Attomey(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings
obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by
law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship exec/u~ under this authority shall exceed the
amount of: TEN MILLION (10,000,000.00) DOLLARS ✓
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of
Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held
on the 24Ih of March, 2000:
"RESOLVED, that any two of the President, any Executive Vice President, any Vice President, any Assistant Vice President, the Secretary or any
Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power
of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to
attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is
FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any
certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be
binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached."
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IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their
official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 10 day of February 2003 .
North American Specialty Insurance Company
Washington International Insurance Company
State of Illinois
County of Du Page ss:
On this 10 day of February , 20 03 , before me, a Notary Public personally appeared Paul D. Amstutz _President and CEO of
Washington International Insurance Company and Vice President of North American Specialty Insurance Company and Steven P. Anderson
Executive Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company,
personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and
acknowledged said instrument to be the voluntary act and deed of their respective companies.
anrasa~a yV m~ a - ~Cv
ne.lrn~o Awat~erhuy
s'"°'0"°"'1tO Yasmin A. Patel, Notary Public
1, James A. Carpenter , the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington
International Insurance Company, do hereby certify that the above and foregoing is a tme and correct copy of a Power of Attorney given by said North
American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect. /
/
IN WITNESS WHEREOF, 1 have set my hand and affixed the seals of the Companies this 1 5thday of JDIy , 2003
Imws A. Cnrpema, Vice Prnidenl & Aanirlent sc resary arwashinhnun Intem limal Ineurnnee Company &
Assimnl Smnlary ofNanh American Si lnsunlxe COmpony
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EM"RTANT NOTICE
In order to Obtain Information or Make a Complaint:
You may call Washington International Insurance Company and/or North
American Specialty Insurance Company at the following toll-free number:
800/338-0753
or
You may write to them at the following address:
Washington International Insurance Company
NAS Surety Group
1200 Arlington Heights Road #400
Itasca, M 60143
You may also contact the Texas Department of Insurance to obtain information on
companies, coverages, rights or complaints at:
800/252-3439
You may write the Texas Department of Insurance at the following address:
P O Box 149104
Austin, TX 78714-9104
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 of liability.
• 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 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
nno.non 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 (XCI))
exposures.
• Broad form contractual liability (preferably by endorsement) covering this
contract, personal injury liability and broad form property damage
liability.
Ix I 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 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.
[ ] 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 project, regardless of whether that person contracted
directly with the contractor and regardless of whether that person has employees.
This includes, without limitation, independent contractors, subcontractors, leasing
companies, motor carriers, owner-operators, employees of any such entity, or
employees of any entity which furnishes persons to provide services on the project.
"Services" include, without limitation, providing, hauling, or delivering
equipment or materials, or providing labor, transportation, or other service related
to a project. "Services" does not include activities unrelated to the project, such as
food/beverage vendors, office supply deliveries, and delivery of portable toilets.
B. The contractor shall provide coverage, based on proper reporting of classification
codes and payroll amounts and filing of any overage agreements, which meets the
statutory requirements of Texas Labor Code, Section 401.011(44) for all
employees of the Contractor providing services on the project, for the duration of
the project.
C. The Contractor must provide a certificate of coverage to the governmental entity
prior to being awarded the contract.
D. If the coverage period shown on the contractor's current certificate of coverage
ends during the duration of the project, the contractor must, prior to the end of the
coverage period, file a new certificate of coverage with the governmental entity
showing that coverage has been extended.
E. The contractor shall obtain from each person providing services on a project, and
provide to the governmental entity:
(1) a certificate of coverage, prior to that person beginning work on the project,
so the governmental entity will have on file certificates of coverage showing
coverage for all persons providing services on the project; and
(2) no later than seven days after receipt by the contractor, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of the project.
F. The contractor shall retain all required certificates of coverage for the duration of
the project and for one year thereafter.
G. The contractor shall notify the governmental entity in writing by certified mail or
personal delivery, within 10 days after the contractor knew or should have known,
of any change that materially affects the provision of coverage of any person
providing services on the project.
H. The contractor shall post on each project site a notice, in the text, form and manner
prescribed by the Texas Workers' Compensation Commission, informing all
persons providing services on the project that they are required to be covered, and
stating how a person may verify coverage and report lack of coverage.
I. 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 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.
BID No. 3011
PROPOSAL
TO
THE CITY OF DENTON, TEXAS
FOR THE CONSTRUCTION OF
COOPER CREEK LIFT STATION
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 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.
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.
It is understood that the bid security accompanying this proposal shall be returned to the bidder,
unless in case of the acceptance of the proposal, the bidder shall fail to execute a contract and file a
performance bond and a payment bond within fifteen days after its acceptance, in which case the bid
P-1
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:
P-2
457-1000
BID SCHEDULE
FOR
COOPER CREEK LIFT STATION
No Quantity In Words in Figures Amount
BASE BID
1 1 LS For construction of the Cooper Creek Lift
Station, complete as shown on the Plans
and described in the Specifications,
except for the portions iqq ~h 'bid /items
below, f r the su pf FlGlbYbu!/>~~((JJ
. It l t Dollars
and Cents per lump sum. 0 WO $ 8-79)000-6"
LS Allowance for SCADA and electrical and
instrumentation as described in section
01002, for the sum of Fifty-eight
thousand nine hundred and twenty five
Dollars and No Cents per lump sum. $ 58.925 $ 58.925
100 CY For furnishing and installing Class B
concrete as instructed by the ENGINEER
or OWNER at locations not shown on
plans compl~ r~~ lade, for the sum of _
dollars anlldll n cents per
cubic yard.
$ I00D $ /D)1,66_OD
TOTAL BAS BI Ite s the sum of
~n¢ hacnoec~
1s4PI~Cd 7
1 Vfi Dollars
and n6 Cents. ~ 9a5~ 9216 915? 5
- $
ADDITIVE ALTERNATE BID A
A-1 3,217 LF For 244 , nch PVC force ain at all depths,
for the sum of / - elf; 7
dollars and 15?5 cents per
linear foot.
A-2 3,217 LF For providing a trench excavation safety
protection system in accordance with the
Specifications and OSHA regulations, and
the assumption of the responsibility of
said protection system, complete in place,
for the sum of OnO
$9 s. 95 $ 99-M x,00
$/W $ l7aV
P-3
457-1000
BID SCHEDULE
FOR
COOPER CREEK LIFT STATION
No. Quantity In Words in Figures Amount
dollars and h4 cents per
linear foot.
A-3
A-4
3,217
LF For including provision in the pollution
prevention system (for lift station
construction) for storm water discharge in
accordance with these specifications and
the EPA regulations and the assumption
of the responsibility of said pollution
prevention syste~mm, complete in place, for
the sum of Jf?z
dollars and cents per
linear foot.
LS Deduct from total amount bid for Additive
Alternative Bid A for the deletion of base
bid provision for connection to existing 16"
forcemain, including but not limited to 24"
wye, 24"x14" reducer, 14" pi ing and 14"
valve, for the s of ° ,W)'
-HA c7Y.
dollars and Ylb cents per
lump sum.
TOTAL ADDITIVE ALTERNATE BID A
(Items 1-A4), the sum of
411%,V5 ~ r1" t,~ee e,~7
Dollars
- d 6(.'
and h0 Cents.
$ GQ, &40 6" $ l-~, 0,00"'
P-4
BID SUMMARY
TOTAL BASE BID PLUS ADDITIVE ALTERNATE BID A PRICE IN WORDS
ON luilllun
I6
'l K5
The City will evaluate bids based on base bid and base bid plus additive alternate bid
A. Contractor must include a bid for additive alternate bid A to be considered. Basis
of award of contract will be at the sole discretion of the City upon evaluation of bids
received.
In the event of the award of a contract to the undersigned, the undersigned will famish a
performance bond and a payment bond for the full amount of the contract, to secure proper
compliance with the terms and provisions of the contract, to insure and guarantee the work
until final completion and acceptance, and to guarantee payment for all lawful claims for
labor performed and materials furnished in the fulfillment of the contract.
It is understood that the work proposed to be done shall be accepted, when fully completed
and finished in accordance with the plans and specifications, to the satisfaction of the
Engineer.
P-5
WORDS i~/ n~ h d ~d;-~lx
TOTAL BASE BID PRICE IN
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.
Receipt is hereby acknowledged of the following addenda to the plans and specifications:
Addendum No. 1 dated
io=E~ ao03 Received
Addendum No. 2 dated Tj
4P l-j acxx+, Received
Addendum No.3dated Ty
IL 3e0'A Received
Addendum No. 4 dated
Received
Addendum No. 5 dated
Received
C-4 - G f L nG
CONTRACTOR
BY {n~
FiTARA- V ILA „ l°,~ r.0Ci 4r
1ll.Sc~ Af2m\;_5cm )-a"P
Street Address
yall,14 7.;,r
City and State
Seal & Authorization
(If a Corporation) 97:2 qA H q 3 ti 4
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: _Iz
BIDDER:
COMPANY
BY
G L ~ G(.~.P~PSr,~_
)(15D ✓4art`ioion !-o. YLe
Street Address
D..11 o si T.Y
City and State
THIS FORM MUST BE RETURNED WITH YOUR BID.
P-7
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.
CONTRACTOR:
C:CLA- iap Le. wS'~At..r 1'i tai, CU^rfl ,
cow
BY
(f rfi/ r-t TO X44+ ~~icl= PreS,oFP-
HI S[] .AJnDP,SDYI 1-wYte
Street Address
On II~.~ Tr -=2 9
City and State
THIS FORM SHALL BE EXECUTED AT THE TIME OF EXECUTION OF THE
CONTRACT AND SHALL BE MADE A PART OF THE CONTRACT.
P-8
acoRV CERTIFICATE OF LIABI
LITY INSURANC !D zv~ ON
07/26/0
1 o7/2e/o3
PRODUCER
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Independent Insurance Group
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
3010 LEJ Freeway Ste. 920
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Dallas TX 75234-7004
Phone: 972-231-8277
INSURERS AFFORDING COVERAGE
INauPEO
Can-Fax Construction Co.
INSURER,Y Amerieure Companies
Grissom Management
INSURER B:
Griaaom Holdings LIP o~
Charles Ferrara
Lane U
11150 Hrr
INSURER C.
INSURER O
75229
Dallas TX
.
NSURER 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 lMT1 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 LIMIT$ SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
NBRA
TYPEOPINSURAN____ - POLICY NUMBER OAMELT
TS MMRI OTIVE DO MWD LIMITS -
GENERALUAMLITY
/
EA CCURRENCE
81,000,000
A
X
CO MMERCIAL G ENERAL LIABILITY
CPP13285570
12/31/02
12/31/03
FIREDAMAGE(Anyeeefiro)
5100,000
CWMS MADE nOCCUR
NED E1lP(Myonopacm)
55 000
t
PERSONALS ADV INJURY
S1 00D 000
GENERALAGGREGATE
OO()
52 090,
GENL AGGREGATE LIMIT APPLIES PERK
PRODUCTS-COMPIOPAGG
- '
J
s2,000,000
POLICY PRO, LOC
JECT
AUT
OMOBILE LIABI
~
BINED SINGLE LIMIT
Ea;=Wwo)
51, ODD, 000
A
X
ANY AUTO
CA132855600
12/31/02
12131103
ALL OWNED AUTOS
BODILY INJURY
5
SCHEDULED AUTO
(Perpam)
X
HIRED AUTOS
BODILY INJURY
5
X
NON-OWNED AUTOS/
(Pereeetlam)
X
Hired Car PD
LIMIT $25,000
PROPERTYOAMAGE
5
(For udden0
GA
RAGE LIABILITY
AUTO ONLY-EA ACCIDENT
3
ANY AUTO
OTHER THAN EA ACC
Z
AUTO ONLY, AGG
s
EzcESS LUUIILRY
EACH OCCURRENCE
s2,000,000
A
X OCCUR r jcuIMSMAOE
CU132946600
12/31/02
12/31/03
AGGREGATE
$2,000,000
5
DEDUCTIBLE
_
Z
RETENTION Z
i
s
WORKERS COMPENSATION AND
TORY LIMITS ER
A
EMPLOYERWLIMTfY
NC132856000/
12/31/02
12/31/03
E.L. EACH ACCIDENT
$500,000
E L. DISEASE. EA EMPLOYEE
55()0,000
EADISEASE -POLICY LIMIT
$500,000
OTHER
A
Lease/Rented Equip
IM132855900
12/31/02
12/31/03
ItemLim 100,000
$5000.00 Dad.
MaxLimit 500,000
DESCRIPTION OF OPERATIONSILOCAnONSMEHICLEWEXCLUSIONS ADDED ByfiNDORSENENTISPECIAL PRONSpN6
RE: 3011 - Cooper Creak Lift Station'// City of nenton is named as
additional insured with respect to general liability 6 auto liability,--'
Waiver of subrogation applies in favor of The City of Denton regard, the
general liability, auto liability and workers compensation.
Fax: 972-484-4223 / 940-349-7302
YGRIIfIW11G OVLYGIT II 1T1YU,R,nlLL mauneq mavnen wnrMC _ ~nnvrrrn,•wn _
City of Denton ✓
Attn: DATlise Harpool
9018 Texas Street
Denton TX 76201
CITYDE- I SHOULD AWOF THE ABOVE DESCRIBED POLICIES BB DIWCELLE
OATETHEREDF,THEISZMEIOINSURERWLLENDEAVORTO MALL -AIL-:DAYSNROTIEN
NOTKIE TO THECERTIFICATE HOLDER NMIED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
Z00/L0012 Xtli Z4:80 800Z/8Z/!0