7200-1 - Tender Agreement Executed
Docusign City Council Transmittal Coversheet
File Name
Purchasing Contact
City Council Target Date
Piggy Back Option
Contract Expiration
Ordinance
DocuSign Envelope ID: E198A279-7D9A-4D2D-BC24-B266633976F5
North-South Water Main Ph 3 Tender Agreement
Cori Power
7200-1
Not Applicable
FILE
N/A
JUNE 22, 2021
21-1265
Page 1 of 9
Tender Agreement Approved for Publication 10-09-07
TENDER AGREEMENT
This Tender Agreement (“Agreement”) is made and entered into this day of June,
2021 by and between Travelers Casualty and Surety Company (“Surety”), the City of Denton,
Texas (“Obligee”) and Mountain Cascade of Texas LLC (“Completion Contractor”).
RECITALS
A. On or about February 18, 2020, S&J Construction Company, Inc. (“Principal”)
entered into a construction contract with Obligee for North-South Phase III 42” Water Main
(“Project”). That construction contract, together with all its incorporated documents including
but not limited to: the original bid documents, plans, specifications, modifications and
amendments, constitutes the “Original Contract”. The Original Contract is incorporated into and
made a part of this Agreement. Except as specifically provided in this Agreement, all terms,
covenants, conditions, agreements, rights, responsibilities, and obligations of the parties set forth
in the Original Contract remain in full force and effect. Any capitalized terms used herein but
undefined shall have the meaning ascribed to such term in the Original Contract.
B. The term “Completion Contract” as used in this Agreement is not a separate
document but means the construction contract between Obligee and Completion Contractor,
which includes this Agreement and the Original Contract all of which are incorporated into and
made a part of this Agreement.
C. In connection with the Original Contract between Principal and Obligee, Surety
executed and delivered to Obligee its Bonds numbered 107181787 with the Performance Bond in
the amount of $3,810,048.74 and the Payment Bond in the amount of $3,810,048.74.
D. The Obligee declared the Principal in default and issued a Notice of Termination on
or about December 21, 2020 and made a claim on the Performance Bond. The Surety solicited
bids for the completion of the Project by a competent and qualified contractor acceptable to the
Obligee. The Surety has obtained a quote from Completion Contractor to, subject to the terms of
this Agreement, complete all the work in accordance with the Original Contract.
E. It is expressly acknowledged and agreed that no contract funds of any nature are due
or to become due to the Principal by virtue of the above-mentioned default and termination, as
those contract funds shall be disbursed in accordance with this Agreement. The summary of
contract funds as of the date of this Agreement is as follows:
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22ND
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Tender Agreement Approved for Publication 10-09-07
Original Contract Price $ 3,810,048.74
Change Orders Approved- Deductive Scope of Work $ (82,576.25)
Total Adjusted Original Contract Price $ 3,727,472.49
Total Payments Approved Through Pay App. No. 3 $ 976,612.29
Earned Retainage $ 51,400.65
Other Contract Adjustments:
Damages
$ 694,000.00
Amount Paid to Principal
$ 976,612.29
Unbilled Balance $ 2,699,459.55
Total Available Contract Balance (including retainage) $ 2,750,860.20
Completion Contractor Price $ 3,963,902.04
Contract (Shortfall) or Remaining Balance (including Damages) $ (1,907,041.84)
Supplemented Contract Balance $ 3,963,902.04
F. To fulfill its Performance Bond obligations, Surety (1) tenders the Completion
Contractor to Obligee and arranges for Obligee to enter into the Completion Contract (as defined
above) with Completion Contractor pursuant to the terms in this Agreement, and (2) agrees to
pay the Contract Shortfall to Obligee as provided in Recital E.
COVENANTS
In consideration of the terms and conditions in this Agreement, the parties agree as
follows:
1. The above Recitals are contractual and incorporated into these Covenants.
2. Completion Contractor examined the Original Contract and certifies that it is familiar
with all of the terms and conditions of the Original Contract. Completion Contractor diligently
investigated and inspected the Project jobsite and is familiar with the jobsite conditions
including: the materials available but not yet incorporated into the Project, the nature and status
of work previously performed by Principal and the work remaining to be performed on the
Original Contract. Completion Contractor hereby confirms that it has investigated and is
informed as to the status and conditions affecting the work to be done and that no representations
with respect to same have been made by Surety, Obligee, or any of their representatives. Surety
has made no warranties or representations, express or implied, to Completion Contractor with
respect to the Original Contract or the Project. Surety makes no representation or warranty
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Tender Agreement Approved for Publication 10-09-07
regarding any future performance of any Subcontractor or Supplier, the availability of any leased
equipment or facilities, or the availability of any materials supplied or to be supplied to the
Project. Completion Contractor considered all of the Original Contract documents and jobsite
conditions and observations in reaching its Completion Contractor Total Unit Price bid of
$3,963,902.04. Completion Contractor’s unit price schedule is attached as Exhibit A and made
part of this Agreement.
3. Surety shall pay the Contract Shortfall as provided for in Recital E above to Obligee
within ten (10) business days of the execution of this Agreement by the last of the three parties to
sign, Obligee, Completion Contractor or Surety.
4. Mountain Cascade of Texas LLC is tendered by Surety to Obligee as Completion
Contractor under this Agreement. By this Agreement with Obligee, Completion Contractor
promises to fully perform the Completion Contract for the price of $3,963,902.04. Obligee shall
make payments directly to Completion Contractor for performance of the work under the
Completion Contract according to the payment terms of the Original Contract. Obligee
recognizes the Completion Contractor as Principal’s successor in interest to the Original
Contract. Following the date of this Agreement, Obligee, Completion Contractor and Surety
agree that the term “Contractor” as used in the Original Contract shall refer to Completion
Contractor and not to Principal.
5. Completion Contractor shall furnish to Obligee Performance and Payment Bonds in
the amount of $3,963,902.04 issued by a commercial surety authorized to do business in the
State of Texas with an AM Best rating of A- or better and a financial size category of VI or
larger approved by the U.S. Treasury to issue a bond to the Federal Government in an amount at
least equal to the Completion Contractor’s Price. The Completion Contractor shall furnish those
bonds on forms designed by the Obligee within ten (10) calendar days of executing this
Agreement in the form attached hereto as Exhibit B. The City of Denton shall be named as the
sole Obligee.
6. Excluding Latent Defects relating to any Work performed by the Principal,
Completion Contractor warrants all work performed under the Completion Contract, whether
such work was performed by Principal or Completion Contractor, according to the warranty
terms of the Original Contract. The term "Latent Defects" shall mean any Work, including but
not limited to materials on hand, or condition(s) prior to issuing the Notice to Proceed that are
not reasonably discoverable under the circumstances, except for any matters that were disclosed
in the February 5, 2021 Solicitation for Offers and any Addendums thereto, including but not
limited to, Section II., Paragraph 13.0, Appendices Nos. 1-19, Addendum Nos. 1-3 and the
Freese and Nichols May 4, 2021 Report which is attached hereto as Exhibit C. Notwithstanding
anything to the contrary, or that may or could be read to the contrary, herein or in the Original
Contract, Completion Contractor shall not have or bear any responsibility for any Latent Defects
in any Work performed by Principal. Notwithstanding anything to the contrary, or that may or
could be read to the contrary, herein or in the Original Contract, Completion Contractor shall not
be responsible for (i) payment for any work, labor, material, or equipment performed at, or
supplied to, the Project by any Subcontractors and suppliers prior to the execution of this
Agreement; or (ii) any third party claims (for personal injury, property damage, or otherwise)
based on any events, acts, or omissions that occurred, in whole or in part, prior to the execution
of this Agreement.
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Tender Agreement Approved for Publication 10-09-07
7. Obligee may direct Completion Contractor to perform extra, additional or changed
work or to delete work (“Change Order”) pursuant to the terms of the Original Contract.
8. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE
COMPLETION CONTRACTOR SHALL ASSUME LIABILITY FOR DAMAGE OR
INJURY (INCLUDING DEATH) TO PERSONS AND PROPERTY, INCLUDING
INTANGIBLE PROPERTY, ARISING OUT OF THE EXECUTION OR
PERFORMANCE OF THE COMPLETION CONTRACT, AND HEREBY EXPRESSLY
WAIVES ANY WORKMAN’S COMPENSATION IMMUNITY, WHETHER GRANTED
BY STATUTE OR OTHERWISE, AND AGREES TO DEFEND (IF REQUIRED BY
SURETY), INDEMNIFY AND HOLD HARMLESS SURETY AND THE OBLIGEE AND
THEIR RESPECTIVE DIRECTORS, OFFICERS, AGENTS, SERVANTS,
EMPLOYEES, AFFILIATES AND SUBSIDIARIES (“THE INDEMNITEES”), FROM
DEMANDS, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF THE
PERFORMANCE OF THE COMPLETION CONTRACT, OR ASSERTED AGAINST
ANY OF THE INDEMNITEES BY REASON OF THE ACTS OR OMISSIONS OF THE
COMPLETION CONTRACTOR, OR ANY ENTITY DIRECTLY ENGAGED BY THE
COMPLETION CONTRACTOR IN CONNECTION WITH THE COMPLETION
CONTRACT, REGARDLESS OF WHETHER THE ACTS OR OMISSIONS
COMPLAINTED OF WERE CAUSED, IN PART, BY ONE OR MORE OF THE
INDEMNITEES. THE COMPLETION CONTRACTOR’S INDEMNITY OBLIGATION
INCLUDES, BUT IS NOT LIMITED TO, ALL DAMAGES OF ANY NATURE OR
DESCRIPTION, ALL LOSS, COST OR EXPENSE, AND ANY AND ALL CLAIMS FOR
PAYMENT OR OTHERWISE BY ANY OF COMPLETION CONTRACTOR’S
SUBCONTRACTORS, SUPPLIERS, EMPLOYEES AND LABORERS. IN
JURISDICTIONS IN WHICH THE INDEMNIFICATION PROVIDED FOR IN THIS
PARAGRAPH IS BROADER THAN THAT ALLOWED BY APPLICABLE LAW, THIS
PARAGRAPH SHALL BE INTERPRETED AS PROVIDING THE BROADEST
INDEMNIFICATION PERMITTED AND SHOULD BE LIMITED ONLY TO THE
EXTENT NECESSARY TO COMPLY WITH THAT LAW.
9. The Completion Contractor must comply with all insurance requirements in the
Original Contract. The Completion Contractor shall obtain and maintain the insurances required
under the Original Contract, with the coverages and in the amounts specified in the Original
Contract. The Completion Contractor shall provide the evidence of insurance required by this
Paragraph within five (5) calendar days of executing this Agreement. The Obligee and Surety
shall be included as named additional insureds by endorsement under all policies of insurance
required of the Completion Contractor. Such endorsements shall be in the form in Exhibit D
attached hereto, or the insurer’s form if it is the same. Further, the Completion Contractor shall
ensure that its insurers waive all rights of subrogation against the Obligee and Surety. The
Completion Contractor shall deliver certificates of insurance and endorsements confirming that
the insurances required under the Original Contract have been obtained and that the Obligee and
Surety have been included as a named additional insured. Certificates of Insurance alone are not
sufficient. Further, the Completion Contractor shall cause its insurer(s) to issue endorsements
providing that the policies shall not be canceled without at least a thirty (30) day prior written
notice to the Obligee and the Surety. Such endorsements shall be in the form in Exhibit E the
attached hereto, or the insurer’s form if it is substantially the same. Failure to obtain this
insurance, or permitting this insurance to lapse, or failing to provide the endorsements and
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Tender Agreement Approved for Publication 10-09-07
certificates, required by this Paragraph shall constitute a material breach of this Agreement
justifying termination. The Completion Contractor shall not proceed with any work until the
insurances, certificates and endorsements have been obtained and provided to the Obligee and
Surety.
10. The prosecution of the work will commence no later than five (5) calendar days from
the Completion Contractor’s receipt of the Notice to Proceed from the Obligee. The Completion
Contractor’s Performance and Payment Bonds and evidence of insurance shall be submitted and
approved by the Obligee prior to Completion Contractor being permitted to commence
performance. Any delay in procuring these bonds and evidence of insurance shall be the fault of
the Completion Contractor. Subject to the terms of this Agreement, the Completion Contractor
agrees to diligently proceed with and to substantially complete the work in accordance with the
terms and conditions of the Completion Contract within 265 calendar days from its receipt of
Obligee’s Notice to Proceed. Time is of the essence. In the event Completion Contractor fails to
complete the work within the time specified in this Agreement, or any extension thereof,
pursuant to the processes provided in the Original Contract or a relevant Change Order, the
Completion Contractor shall pay to Obligee liquidated damages as specified in the Original
Contract.
11. OBLIGEE EXPRESSLY RELEASES, ACQUITS AND FOREVER DISCHARGES
Surety from any and all claims, rights, demands or causes of action of whatever kind or nature,
including latent defects in the Project, whether in law or equity or otherwise which Obligee has
or may ever have against Surety under or by reason of Surety’s Performance Bond and Surety’s
Maintenance Bond, subject only to Surety’s obligation to pay the Contract Shortfall pursuant to
Paragraph 3 of this Agreement. Within five (5) days of Obligee’s receipt of the payment of the
Contract Shortfall, the Obligee shall return to Surety the original of the Surety’s Performance
Bond issued for the Project.
12. SURETY EXPRESSLY RELEASES, ACQUITS, AND FOREVER DISCHARGES
the Obligee from any and all claims, demands, causes of action, damages, and/or expenses
arising out of or in any way related to the Original Contract entered into between the Obligee and
Principal and/or the Surety’s statutory Performance Bond, whether its own claim, or the
subrogated claim(s), or any other claim, if any, of the Principal.
13. The Completion Contractor agrees to make demand and look solely and exclusively
to the Obligee in the event of any breach or default by the Obligee of this Agreement. With the
sole exception of the payment to be made by the Surety under paragraph number three (3) of this
Agreement, the Obligee agrees to make demand and look solely and exclusively to the
Completion Contractor and/or its surety in the event of any breach or default by the Completion
Contractor under this Agreement and/or the Original Contract.
14. Surety’s Payment Bond remains in full force and effect for work performed by
Principal under the Original Contract and Surety retains all obligations, rights, and defenses
pursuant to the Payment Bond and nothing herein shall alter such obligations. Surety’s Payment
Bond shall not apply to or cover Completion Contractor or any of Completion Contractor’s
Subcontractors and suppliers for any work, labor, material, or equipment performed at, or
supplied to, the Project after the execution of this Agreement, and Surety shall not be a co-surety
with Completion Contractor’s surety. The Surety’s Payment Bond obligations run solely to
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Tender Agreement Approved for Publication 10-09-07
those claimants who performed work, labor or supplied material or equipment to the Project, in
accordance with the contract or at the direction of the Principal. All payments made by Surety
relating to claims on its Payment Bond shall be credited against and applied to reduce the penal
limit of the Payment Bond. Surety shall not, under any circumstances, be obligated to expend
more than the penal limit of its Payment Bond. The Completion Contractor and its surety hereby
agree to indemnify, defend and hold the Surety harmless in connection with any claim and/or
civil action relating to any Subcontractors and suppliers for any work, labor, material, or
equipment performed at, or supplied to, the Project after the execution of this Agreement, but
any expense incurred by Completion Contractor and its surety related its obligation to indemnify,
defend and hold the Surety harmless shall not decrease the penal sum of the Performance and
Payment Bonds provided by Completion Contractor and its surety. The Completion Contractor
assumes responsibility for any and all billing effective upon the date of execution of this
Agreement by the parties.
15. This Agreement is expressly contingent on the Completion Contractor’s timely
execution of this Agreement. If after executing this Agreement the Completion Contractor does
not timely furnish the bonds and insurance required by this Agreement’s Paragraphs 5, 9 and 10,
then that failure is a material breach of this Agreement. If after receiving a five (5) calendar day
notice to cure, the Completion Contractor does not cure its breach by providing the required
bonds and insurance, then this Agreement may be terminated by the Surety or Obligee without
prejudice to any rights or remedies of the Surety or Obligee, and the Completion Contractor shall
be liable to the Surety and the Obligee for any and all damages, direct or indirect, actual or
consequential, including, but not limited to, all costs of re-bidding the Project, any cost or price
difference between the Completion Contractor’s Price and any new contractor’s price to
complete the Project, along with any and all damages of the Surety and/or the Obligee, related to
or arising from the Completion Contractor’s termination.
16. Except as expressly provided in this Agreement, nothing in it shall be construed as a
waiver of any rights of the Obligee or Surety against Principal.
17. It is understood and agreed that this Agreement shall be governed by, construed, and
enforced in accordance with the laws of the State of Texas.
18. This Agreement (and all its Exhibits), the Completion Contract and the Original
Contract are intended to be complementary and are intended to require all work and services by
the Completion Contractor necessary to complete the remaining work in compliance with this
Agreement (and all its Exhibits), the Completion Contract and the Original Contract. In the case
of conflict between the terms of the Agreement, the Completion Contract and the Original
Contract:
a. This Agreement has priority over the Original Contract, the Solicitation
for Offers, the Completion Contractor’s Offer and any other agreement or document;
b. The Original Contract has priority over the Solicitation for Offers, the
Completion Contractor’s Offer and any other agreement or document except for this
Agreement;
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Tender Agreement Approved for Publication 10-09-07
c. The Solicitation for Offers has priority over the Completion Contractor’s
Offer and any other agreement or document except for this Agreement or the Original
Contract.
19. This Agreement may be independently executed in any number of counterparts each
of which when executed and delivered, shall constitute an agreement which shall be binding
upon all parties notwithstanding that the signatures of all parties and/or their designated
representatives do not appear on the same page. Electronic signatures shall have the same effect
as original signatures.
20. This Agreement has been drafted equally by all parties and shall not be subject to the
rule of construction that a written agreement is construed against the party preparing or drafting
the agreement.
21. This Agreement shall extend to and be binding on the parties, their respective
successors, heirs and assigns.
22. This Agreement is fully integrated and its incorporated documents constitute the
complete agreement between the parties. No prior statements, oral or written, course of dealing
or trade usage shall supplement or alter the terms of this Agreement. All discussions and prior
agreements are merged herein. This Agreement replaces and supersedes any statements or
representations the Surety, its consultants, agents, and/or attorneys have made to the Completion
Contractor or Obligee.
23. Surety’s actions under this Agreement and its Performance and Payment Bonds shall
forever be construed and considered as those of a surety and not a contractor.
24. This Agreement is strictly for the benefit of the parties to this Agreement and they
expressly declare that they do not intend to confer any rights or benefit whatsoever on any third
party.
25. Any notice, consent, approval, or other communication which is provided for or
required by either the Completion Contract or this Agreement must be in writing and may be
delivered in person to any party or may be sent by a facsimile transmission, telegraph, courier, or
registered or certified U.S. mail, with postage prepaid, return receipt requested. E-mail is an
acceptable communication method. Any such notice or other written communication shall be
deemed received by the party to whom it is sent (i) in the case of delivery by hand or delivery by
reputable national or local courier (such as United Parcel Service or Federal Express), on the date
of delivery to the party to whom such notice as addressed, (ii) in the case of facsimile
transmission, e-mail or telegram, one working day after the date of successful transmission
(provided that an additional copy of such notice is subsequently received within three (3) days of
the facsimile transmission using the methods in (i) or (iii)), and (iii) in the case of registered or
certified mail, the date receipt is acknowledged on the return receipt for such notice. All such
notices and other written communication shall be sent to the persons and addresses listed below:
If to Obligee: The City of Denton, Texas
Development Services Building
401 North Elm
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Tender Agreement Approved for Publication 10-09-07
Denton, TX 76201
Attention: Robin Davis
Email: Robin.Davis@cityofdenton.com
If to Surety: Travelers Casualty and Surety Company
111 Schilling Road
Hunt Valley, MD 21030
Attention: Ryan J. Slepesky
Claim Counsel, Bond & SI
Email: rjslepes@travelers.com
If to Completion Contractor: Mountain Cascade of Texas LLC
11729 E. FM 917
Alvarado, TX 76009
Attention: Andrew McCulloch
Email: AMcCulloch@mountaincascade.com
The addresses and persons listed may be changed at any time by giving written
notice in accordance with this Paragraph.
26. The parties and their signatories warrant that each has the power and authority to
execute this Agreement. The parties voluntarily executed this Agreement based on their own
independent investigations. The provisions of this Agreement shall be interpreted in a manner
consistent with each other to carry out the purposes and intentions of the parties. If for any
reason any provision is of this Agreement is held unenforceable or invalid, that provision shall be
deemed severed from this Agreement and the remaining provisions shall not be affected.
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Tender Agreement Approved for Publication 10-09-07
Executed this ______ day of _____________________, 20____.
OBLIGEE SURETY
By:
The City of Denton Texas
By:
Leslie Alvarado
Its:
Its:
COMPLETION CONTRACTOR
By:
Mountain Cascade of Texas LLC
Its:
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APPROVED AS TO LEGAL FORM:
tbd
Vice-President
Director of Capital Projects/City Engineer
Rebecca Diviney
Managing Director &
Counsel, Bond &
Specialty Insurance Cons
JUNE
SARA HENSLEY, INTERIM CITY MANAGER
2122ND
Rosa Rios
City Secretary
EXHIBIT A
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4.14.21
1 COD NCTCOG AM ITEM 203.3 Mobilization LS 1.00 1.00 0.50 1.00 $300,000.00 $300,000.00
2 COD NCTCOG AM ITEM 203.3 General Site Preparation LS 1.00 1.00 0.70 1.00 $25,000.00 $25,000.00
3 13 47 13 Corrosion Protection LS 1.00 1.00 0.00 1.00 $160,000.00 $160,000.00
4 COD NCTCOG AM ITEM 201 SWPPP Plan and Implementation LS 1.00 1.00 0.75 1.00 $25,000.00 $25,000.00
5 COD NCTCOG AM ITEM 201 Traffic Control Plan and Implementation LS 1.00 1.00 0.75 1.00 $50,000.00 $50,000.00
6 2 Portable Changeable Message Sign DAY 270.00 270.00 97.00 200.00 $100.00 $20,000.00
7 COD NCTCOG AM ITEM 501.14 6'' C900 DR-14 PVC Water Line LF 21.00 21.00 0.00 21.00 $350.00 $7,350.00
8 COD NCTCOG AM ITEM 501.14 12'' C900 DR-14 PVC Water Line LF 918.00 918.00 828.20 89.80 $110.00 $9,878.00
9 COD NCTCOG AM ITEM 503.3 60”x3/4” Thick Steel Casing By Bore LF 274.00 274.00 274.00 0.00 $2,400.00 $0.00
10 COD NCTCOG AM ITEM 503.3 60''x3/4'' Thick Steel Casing By Open Cut LF 172.00 -125.00 47.00 0.00 47.00 $1,800.00 $84,600.00
11 COD NCTCOG AM 107.19.3 Excavation Protection (Trench Safety)LF 4,910.00 4,910.00 828.20 4,081.80 $1.00 $4,081.80
12 8" Blowoff Valve Assembly EA 1.00 1.00 0.00 1.00 $9,000.00 $9,000.00
13 COD NCTCOG AM ITEM 502.3 Fire Hydrant Assembly EA 3.00 3.00 0.00 3.00 $6,800.00 $20,400.00
14 Connect to Existing Fire Hydrant Assembly EA 1.00 1.00 1.00 0.00 $2,500.00 $0.00
15 33 12 16.23 6'' Gate Valve and Box EA 1.00 1.00 1.00 0.00 $1,300.00 $0.00
16 33 12 16.23 12'' Gate Valve and Box EA 1.00 1.00 1.00 0.00 $3,000.00 $0.00
17 33 12 16.26 42'' Butterfly Valve Assembly EA 3.00 3.00 0.00 3.00 $69,500.00 $208,500.00
18 COD NCTCOG AM ITEM 502.6.3 2'' Type 1 CAV Assembly EA 1.00 1.00 0.00 1.00 $10,000.00 $10,000.00
19 COD NCTCOG AM ITEM 502.6.3 4'' Type 2 CAV Assembly EA 2.00 2.00 0.00 2.00 $12,000.00 $24,000.00
20 Connect to Existing 16'' Water Line EA 2.00 2.00 0.00 2.00 $6,500.00 $13,000.00
21 Connect to Existing 12'' Water Line EA 2.00 2.00 0.00 2.00 $1,000.00 $2,000.00
22 Connect to Existing 42'' Water Line EA 2.00 2.00 0.00 2.00 $10,000.00 $20,000.00
23 COD NCTCOG AM ITEM 502.10.3A Reconnect Water Meter (long)EA 2.00 2.00 0.00 2.00 $5,000.00 $10,000.00
24 COD NCTCOG AM ITEM 502.10.3A Reconnect Water Meter (short)EA 3.00 3.00 0.00 3.00 $5,000.00 $15,000.00
25 Remove existing 16" and 20" Water Line LF 1,475.00 1,475.00 0.00 1,475.00 $1.00 $1,475.00
26 Asphalt Pavement Repair SY 7,200.00 7,200.00 0.00 7,200.00 $46.00 $331,200.00
27 Sidewalk Replacement SY 13.00 13.00 0.00 13.00 $212.00 $2,756.00
28 Curb and Gutter Replacement LF 1,601.00 1,601.00 0.00 1,601.00 $30.00 $48,030.00
29 Manway Vault EA 2.00 2.00 0.00 2.00 $8,800.00 $17,600.00
30 Temporary Asphalt Repair SY 500.00 500.00 0.00 500.00 $57.00 $28,500.00
31 Asbestos Removal from Property EA 3.00 3.00 3.00 0.00 $30,000.00 $0.00
32 Remove existing Buildings from Property EA 3.00 3.00 3.00 0.00 $2,500.00 $0.00
33 16" DIP Special Class 52 LF 20.00 20.00 0.00 20.00 $1,000.00 $20,000.00
34 Ductile Iron Fittings TON 4.00 4.00 2.00 2.00 $1.00 $2.00
35 Material Testing LS 1.00 1.00 0.00 1.00 $120,000.00 $120,000.00
1A 33 11 13.13 & 09 97 16 42 Inch Water Line (Poly Coated Steel)LF 4,225.00 4,225.00 0.00 4,225.00 $687.00 $2,902,575.00
147 CREDIT FOR MATERIAL ON HAND (MOH)LS 1.00 1.00 0.00 1.00 -$904,344.35 -$904,344.35
BASE BID TOTAL $3,585,603.45
REMEDIAL WORK
7R COD NCTCOG AM ITEM 501.14
Remove/Replace - 6'' C900 DR-14 PVC Water Line.
Price to include any Trench Safety costs, if any, in proposal number
LS 1.00 $10,000.00 $10,000.00
8R COD NCTCOG AM 107.19.3
Remove/Replace - 12'' C900 DR-14 PVC Water Line.
Price to include any Trench Safety costs, if any, in
proposal number
LS 1.00 $235,000.00 $235,000.00
$245,000.00
CHANGE ORDER WORK
36 Hickory St.
Existing bore was required to be lowered, Project EOR
Field Directive 1. Provide all costs, if any, to adjust the
42" water line to accommodate the adjusted bore depth
LS 1.00 $25,000.00 $25,000.00
37 Oak St.
Existing bore was required to be lowered, Project EOR Field Directive 1. Provide all costs, if any, to adjust the
42" water line to accommodate the adjusted bore
depth
LS 1.00 $25,000.00 $25,000.00
38 Scripture St.
Existing bore was required to be adjusted due to
multiple unknown conflicts. Engineer of Record
(DRAFT) sheets PL-7 and PL-8. Provide all costs
associated with this change in elevations
LS 1.00 $25,000.00 $25,000.00
Bonnie Brae Remove and Replace Additional Curb & Gutter damaged by S&J, not shown on drawings to be
removed and replaced
LF 214.00 $30.00 $6,420.00
Bonnie Brae Remove & Replace Additional Sidewalk damaged by
S&J, not shown on drawings to be removed and replaced
SY 52.00 $212.00 $11,024.00
Bonnie Brae Remove & Replace Additional Driveway Approach
damaged by S&J, not shown on drawings to be removed and replaced.
SY 11.00 $212.00 $2,332.00
Bonnie Brae Remove and Replace Curb inlet top damaged by S&J,
not shown on drawings to be removed and replaced.EA 1.00 $19,200.00 $10,000.00
43 Bid Item 1A. 42" Water Line (Poly
Coated Steel)
Part of Bid Item 1A. Provide material costs including
shipping to provide a new 42" replacement pipe for
the project - Pipe #32
EA 1.00 $12,000.00 $12,000.00
NORTH-SOUTH PHASE 3 - 42" WATER TRANSMISSION MAIN
CITY OF DENTON PURCHASE ORDER NO. 192897
Bid Line
Item Item Code Description Unit Bid Quantity CO Quantity
Adjusted
Quantity
Approved Installed to
Date Qty
Remaining
Quantity Bid Unit Price Bid Amount
Mountain Cascade Proposal
DocuSign Envelope ID: E198A279-7D9A-4D2D-BC24-B266633976F5
4.14.21
NORTH-SOUTH PHASE 3 - 42" WATER TRANSMISSION MAIN
CITY OF DENTON PURCHASE ORDER NO. 192897
Bid Line Item Item Code Description Unit Bid Quantity CO Quantity
Adjusted Quantity
Approved
Installed to
Date Qty
Remaining Quantity Bid Unit Price Bid Amount
Mountain Cascade Proposal
At Casing Installations Grouting costs for casing installed by others LF 399.00 $41.41 $16,522.59
$133,298.59
REVISED BID TOTAL $3,963,902.04
110 a Bonds and Insurance 1.00 LS $50,000.00
110 b Mobilization 1.00 LS $200,000.00
110 c Field Overhead (Paid Prorated Monthly) 1.00 LS
110 d Home Office Overhead (Paid Prorated Monthly) 1.00 LS
110 e Other (Specify) 1.00 LS
110 f Other (Specify) 1.00 LS
110 g Other (Specify) 1.00 LS
110 h
Demobilization, includes any costs to remediate
existing laydown yards (2) and all construction areas
disturbed by original contractor 1.00 LS $50,000.00
$300,000.00
Unit Quantity Qty Rate MOH Value Bid Value
1A 42" Water Line (Poly Coated Steel) LF 4,225.00 $241.60 $1,020,747.71 $816,600.00
10 60" x 3/4" Steel Casing LF 172.00 $419.00 $72,068.00 $16,395.35
17 42" Butterfly Valve Assembly EA 3.00 $42,176.00 $126,528.00 $71,349.00
$904,344.35
MATERIALS ON HAND (MOH) BREAKDOWN
MOBILIZATION BREAKDOWN
TOTAL FOR MOBILIZATION (LINE ITEM 110)
TOTAL FOR MATERIALS ON HAND (LINE ITEM 147)
DocuSign Envelope ID: E198A279-7D9A-4D2D-BC24-B266633976F5
EXHIBIT B
DocuSign Envelope ID: E198A279-7D9A-4D2D-BC24-B266633976F5
DocuSign Envelope ID: E198A279-7D9A-4D2D-BC24-B266633976F5
DocuSign Envelope ID: E198A279-7D9A-4D2D-BC24-B266633976F5
DocuSign Envelope ID: E198A279-7D9A-4D2D-BC24-B266633976F5
DocuSign Envelope ID: E198A279-7D9A-4D2D-BC24-B266633976F5
DocuSign Envelope ID: E198A279-7D9A-4D2D-BC24-B266633976F5
DocuSign Envelope ID: E198A279-7D9A-4D2D-BC24-B266633976F5
DocuSign Envelope ID: E198A279-7D9A-4D2D-BC24-B266633976F5
DocuSign Envelope ID: E198A279-7D9A-4D2D-BC24-B266633976F5
DocuSign Envelope ID: E198A279-7D9A-4D2D-BC24-B266633976F5
DocuSign Envelope ID: E198A279-7D9A-4D2D-BC24-B266633976F5
DocuSign Envelope ID: E198A279-7D9A-4D2D-BC24-B266633976F5
DocuSign Envelope ID: E198A279-7D9A-4D2D-BC24-B266633976F5
DocuSign Envelope ID: E198A279-7D9A-4D2D-BC24-B266633976F5
EXHIBIT C
DocuSign Envelope ID: E198A279-7D9A-4D2D-BC24-B266633976F5
Client:Project:City: No. 180006/ IFB No.
Document:FNI: DTN12314
Date:May 4, 2021
Item #Pipe Comments
1 GENERAL
Comments below denote observed conditions but do not constitute an exhausted
list of concerns. Each pipe joint is to be properly inspected and issues addressed
before being installed.
2 GENERAL A lot of pipe in the park is sitting on the ground
3 GENERAL Rust to be wire brushed off of all pipe ends
4 GENERAL All coating to be inspected before installation (per spec)
5 GENERAL All lining to be inspected for cracks per specs
6 GENERAL New gaskets to be provided
7 GENERAL Where have Covalence shrink sleeves been stored? Did not see them on site
8 GENERAL Throoughly inspect peipe in park due to extended public access and vandalism
9 MK 2, 11 On ground
10 MK 64 Cover off, touching MK 2
11 MK 1 Cover off with trash inside, crack in mortar
12 MK 7 Cover off, crack in mortar
13 MK 13 Close to curb (about an inch from curb)
14 MK 17 On curb
15 MK 18 On ground
16 MK 20 Lining concern
17 MK 21 Close to ground
18 MK 22 On curb
19 MK 23 Lining concern
20 MK 24 Looks moved, rocks, off cradle
21 MK 25 Close to curb
22 MK 28 Lining concern
23 MK 32 Reject - car hit
24 MK 36 Chunks of mortar laying pipe
25 MK 38 Mortar concern
26 MK 41 Chunks of mortar laying pipe
27 MK 43 Mortar concern
28 MK 45 Coating concern
29 MK 45, 47 Bells touching each other
30 MK 53 Welding outlet to be repatched
31 MK 55 Mortar concern
32 MK 89 Welding outlet to be repatched
33 MK 61 No cover
34 MK 85, 74 Touching at end
35 MK 118 No cover
36 MK 112 Crack in mortar
37 MK 134, 132 Touching each other
38 MK 138, 139 Touching each other
39 MK 136 Cover open
40 MK 154 Sitting on ground
41 MK 152, 137 Touching each other
42 MK 124 Sitting on ground
43 MK 159 Sitting on ground
44 MK 175 Mortar concern
45 MK 155 Cover off
46 MK 184 Mortar cracking
47 MK 187 Cover off, crack in mortar
48 MK 161, 162 Touching each other
49 MK 111, 119 Touching each other
50 MK 129, 142 Touching each other
51 MK 169 Cracking
52 MK 169, 172 Touching each other
53 MK 83 No cover
54 MK 143 No cover
North-South Phase III 42-Inch Water Transmission Main - Pipe Walk
City of Denton
DocuSign Envelope ID: E198A279-7D9A-4D2D-BC24-B266633976F5
EXHIBIT D
DocuSign Envelope ID: E198A279-7D9A-4D2D-BC24-B266633976F5
EXHIBIT D
THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY
ADDITIONAL INSURED ENDORSEMENT
Policy No: [the “POLICY”]
Insured: [the “CONTRACTOR”]
Project: North-South Phase III 42-Inch Water Transmission Main IFB #7200, Engineering
Project No. 180006, DTN12314 [the “PROJECT”]
Policy Type:
The POLICY, and all coverage parts thereunder, is hereby amended to include The City of
Denton, Texas (“City of Denton”) and Travelers Casualty and Surety Company of America
(“Travelers”), as an insured, as that term is defined in the POLICY, for purposes of all coverage
afforded by the POLICY, but only with respect to liability arising out of CONTRACTOR’s
ongoing operations performed for the City of Denton on the PROJECT. The POLICY, and all
coverage parts thereunder, is hereby amended to provide that in the City of Denton’s or Travelers’
sole and absolute discretion the City of Denton or Travelers may satisfy by payment any deductible
or self-insured amounts that are conditions precedent to coverage under the POLICY. The
POLICY is primary to and non-contributory with the insurance issued directly to the persons or
organizations mentioned in this endorsement.
DocuSign Envelope ID: E198A279-7D9A-4D2D-BC24-B266633976F5
EXHIBIT E
DocuSign Envelope ID: E198A279-7D9A-4D2D-BC24-B266633976F5
EXHIBIT E
THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY
NOTICE OF CANCELLATION OR MODIFICATION ENDORSEMENT
Policy No: [the “POLICY”]
Insured: [the “CONTRACTOR”]
Project: North-South Phase III 42-Inch Water Transmission Main IFB #7200,
Engineering Project No. 180006, DTN12314 [the “PROJECT”]
Policy Type:
Number of Days’ Notice: 30 Calendar Days
If any change (a “Change”) in the POLICY is requested, or will be made for any reason,
or if the POLICY will be cancelled for any reason (a “Cancellation”), or if the POLICY will lapse
or expire by its own terms (an “Expiration”), the insurer who provided the POLICY agrees that
the Change, Cancellation, or Expiration shall not be effective until thirty (30) calendar days after
written notice of the Change, Cancellation, or Expiration has been provided to:
The City of Denton, Texas – Development Services Building
Robin Davis, Project Manager
401 North Elm
Denton, TX 76201
AND
Travelers Casualty and Surety Company of America
Ryan J. Slepesky, Claim Counsel
111 Schilling Road
Hunt Valley, MD 21031
DocuSign Envelope ID: E198A279-7D9A-4D2D-BC24-B266633976F5
Exhibit
CONFLICT OF INTEREST QUESTIONNAIRE - FORM CIQ
For vendor or other person doing business with local governmental entity
This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session.
This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relationship as
defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a).
By law this questionnaire must be filed with the records administrator of the local government entity not later than the 7th business day after
the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code.
A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a
misdemeanor.
1 Name of vendor who has a business relationship with local governmental entity.
2
Check this box if you are filing an update to a previously filed questionnaire.
(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business
day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.)
3 Name of local government officer about whom the information in this section is being disclosed.
Name of Officer
This section, (item 3 including subparts A, B, C & D), must be completed for each officer with whom the vendor has an employment or other business relationship
as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary.
A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the vendor?
Yes No
B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer
named in this section AND the taxable income is not received from the local governmental entity?
Yes No
C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an
officer or director, or holds an ownership of one percent or more?
Yes No
D. Describe each employment or business and family relationship with the local government officer named in this section.
4
I have no Conflict of Interest to disclose.
5
Signature of vendor doing business with the governmental entity Date
DocuSign Envelope ID: E198A279-7D9A-4D2D-BC24-B266633976F5
CIQ
Mountain Cascade of Texas LLC
X
N/A
6/17/2021
Certificate Of Completion
Envelope Id: E198A2797D9A4D2DBC24B266633976F5 Status: Completed
Subject: Please DocuSign: City Council Tender Agreement 7200-1 North-South Water Main
Source Envelope:
Document Pages: 34 Signatures: 7 Envelope Originator:
Certificate Pages: 6 Initials: 1 Cori Power
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-06:00) Central Time (US & Canada)
901B Texas Street
Denton, TX 76209
cori.power@cityofdenton.com
IP Address: 198.49.140.104
Record Tracking
Status: Original
6/16/2021 2:00:43 PM
Holder: Cori Power
cori.power@cityofdenton.com
Location: DocuSign
Signer Events Signature Timestamp
Cori Power
cori.power@cityofdenton.com
Senior Buyer
City of Denton
Security Level: Email, Account Authentication
(None)
Completed
Using IP Address: 198.49.140.104
Sent: 6/16/2021 3:21:33 PM
Viewed: 6/16/2021 3:21:57 PM
Signed: 6/16/2021 3:26:15 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Lori Hewell
lori.hewell@cityofdenton.com
Purchasing Manager
City of Denton
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 97.93.250.90
Signed using mobile
Sent: 6/16/2021 3:26:17 PM
Viewed: 6/16/2021 3:45:19 PM
Signed: 6/16/2021 3:45:56 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Marcella Lunn
marcella.lunn@cityofdenton.com
Deputy City Attorney
City of Denton
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.104
Sent: 6/16/2021 3:45:59 PM
Viewed: 6/16/2021 3:53:08 PM
Signed: 6/16/2021 3:54:17 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Leslie Alvarado-Lliteras
LALVARA2@travelers.com
tbd
Travelers Insurance Company
Security Level: Email, Account Authentication
(None)
Signature Adoption: Uploaded Signature Image
Using IP Address: 170.202.122.122
Sent: 6/16/2021 3:54:20 PM
Resent: 6/17/2021 11:27:25 AM
Resent: 6/17/2021 4:33:14 PM
Viewed: 6/17/2021 12:15:54 PM
Signed: 6/18/2021 8:44:44 AM
Electronic Record and Signature Disclosure:
Accepted: 6/17/2021 12:15:54 PM
ID: aa346122-6246-42a6-aa45-ff0072b177a5
Signer Events Signature Timestamp
Andy McCulloch
AMcCulloch@mountaincascade.com
Vice-President
Harber Co.Inc. dba Mountain Cascade of Nevada
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 206.248.39.237
Sent: 6/16/2021 3:54:19 PM
Resent: 6/17/2021 11:27:25 AM
Viewed: 6/17/2021 3:26:04 PM
Signed: 6/17/2021 3:51:08 PM
Electronic Record and Signature Disclosure:
Accepted: 6/17/2021 3:26:04 PM
ID: 92155cc8-37dd-48dc-9d1f-616d94e6c8dd
Rebecca Diviney
Rebecca.Diviney@cityofdenton.com
Director of Capital Projects/City Engineer
Security Level: Email, Account Authentication
(None)Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.10
Sent: 6/18/2021 8:44:48 AM
Viewed: 6/18/2021 9:02:00 AM
Signed: 6/18/2021 9:02:17 AM
Electronic Record and Signature Disclosure:
Accepted: 6/18/2021 9:02:00 AM
ID: 7aff003f-b003-4e3e-8259-62b24d2e7aae
Cheyenne Defee
cheyenne.defee@cityofdenton.com
Contract Administrator
City of Denton
Security Level: Email, Account Authentication
(None)
Completed
Using IP Address: 198.49.140.10
Sent: 6/18/2021 9:02:20 AM
Viewed: 6/23/2021 8:50:56 AM
Signed: 6/23/2021 10:04:26 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Sara Hensley
sara.hensley@cityofdenton.com
Interim City Manager
City of Denton
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.10
Sent: 6/23/2021 10:04:29 AM
Viewed: 6/23/2021 10:05:02 AM
Signed: 6/23/2021 10:05:15 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Rosa Rios
rosa.rios@cityofdenton.com
City Secretary
Security Level: Email, Account Authentication
(None)Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.10
Sent: 6/23/2021 10:05:17 AM
Viewed: 6/23/2021 10:15:04 AM
Signed: 6/23/2021 10:15:35 AM
Electronic Record and Signature Disclosure:
Accepted: 6/23/2021 10:15:04 AM
ID: defec7af-f451-4989-97d6-1d08370a2c57
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Cheyenne Defee
cheyenne.defee@cityofdenton.com
Contract Administrator
City of Denton
Security Level: Email, Account Authentication
(None)
Sent: 6/16/2021 3:26:17 PM
Viewed: 6/23/2021 1:56:27 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Gretna Jones
gretna.jones@cityofdenton.com
Legal Secretary
City of Denton
Security Level: Email, Account Authentication
(None)
Sent: 6/18/2021 9:02:20 AM
Viewed: 6/18/2021 9:03:56 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
City Secretary Office
citysecretary@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Sent: 6/23/2021 10:15:39 AM
Viewed: 6/23/2021 11:06:36 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Seth Garcia
Seth.Garcia@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Sent: 6/23/2021 10:15:40 AM
Viewed: 6/23/2021 10:39:24 AM
Electronic Record and Signature Disclosure:
Accepted: 5/28/2021 10:51:23 AM
ID: b0341a0e-397b-4b00-a58f-337d99f35d4c
Cheyenne Defee
cheyenne.defee@cityofdenton.com
Contract Administrator
City of Denton
Security Level: Email, Account Authentication
(None)
Sent: 6/23/2021 10:15:43 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 6/16/2021 3:21:33 PM
Certified Delivered Security Checked 6/23/2021 10:15:04 AM
Signing Complete Security Checked 6/23/2021 10:15:35 AM
Completed Security Checked 6/23/2021 10:15:43 AM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
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Electronic Record and Signature Disclosure created on: 7/21/2017 3:59:03 PM
Parties agreed to: Leslie Alvarado-Lliteras, Andy McCulloch, Rebecca Diviney, Rosa Rios, Seth Garcia
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