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2010-171
ORDINANCE NO. 2010-171 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF THE SOUTH PEAK FLOW PUMP STATION AT THE PECAN CREEK WATER RECLAMATION PLANT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 4501- PECAN CREEK WATER RECLAMATION PLANT PEAK FLOW PUMP STATION AWARDED TO THE LOWEST RESPONSIBLE BIDDER MEETING SPECIFICATION, CRESCENT CONSTRUCTORS, INC. IN THE AMOUNT OF $803,000). WHEREAS, the City has solicited, received and tabulated competitive bids for the construction of public works or improvements in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or improvements described in the bid invitation, bid proposals and plans and specifications therein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The following competitive bids for the construction of public works or improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids: BID NUMBER CONTRACTOR AMOUNT 4501 Crescent Constructors, Inc. $803,000 SECTION 2. The acceptance and approval of the above competitive bids shall not constitute a contract between the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, and insurance certificate after notification of the award of the bid. SECTION 3. The City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein. SECTION 4. Upon acceptance and approval of the above competitive bids and the execution of contracts for the public works and improvements as authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto. SECTION S. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the - day of , 2010. MARK A. B OUG YOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: , /~Ut- APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: 3-OP9 d 4501 CONTRACT AGREEMENT STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT, made and entered into this 20 day of July A.D., 2010, by and between City of Denton of the County of Denton and State of Texas, acting through George C. Campbell thereunto duly authorized so to do, hereinafter termed "OWNER," and Crescent Constructors, Inc. 1100 Grinnell Dr. Richardson. TX 75081 of the City of Denton, County of Denton 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: Bid # 4501- Pecan Creek Water Reclamation Plant Peak Flow Pump Station in the amount of $803,000 and all extra work in connection therewith, under the terms as stated in the General Conditions of the agreement; and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the work specified above, in accordance with the conditions and prices stated in the Proposal and the Performance and Payment Bonds, attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), and Instructions to Bidders, as referenced herein and on file in the office of the Purchasing Agent, and in accordance with all local, state and federal laws; and plans, which includes all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by: City of Denton Staff all of which are referenced herein and made a part hereof and collectively evidence and constitute the entire contract. CA-1 Independent Status It is mutually understood and agreed by and between City and Contractor that Contractor is an independent contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas, for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, worker's compensation, or any other City employee benefit. City shall not have supervision and control of Contractor or any employee of Contractor, and it is expressly understood that Contractor shall perform the services hereunder according to the attached specifications at the general direction of the City Manager of the City of Denton, Texas, or his designee under this agreement. Indemnification Contractor covenants and agrees to and does hereby indemnify, hold harmless and defend, at its own expense, Owner, its officers, servants and employees, from and against any and all claims or suits for property loss or damage and/or personal injury, including death, to any and all persons, of whatsoever kind or character, whether real or asserted, arising out of the Work and services to be performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or invitees, whether or not caused, in whole or in part, by the alleged negligence of the officers, servants, employees, of the Owner. Contractor likewise covenants and agrees to, and does hereby, indemnify and hold harmless Owner during the performance of any of the terms and conditions of this Contract, whether arising out of in whole or in part, any and all alleged acts or omissions of officers, servants, or employees of Owner. The provisions of this paragraph are solely for the benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other person or entity. Choice of Law and Venue This agreement shall be governed by the law of the State of Texas and venue for its construction and enforcement shall lie in the courts of Denton County, Texas. The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in written notice to commence work and complete all work within the time stated in the Proposal, subject to such extensions of time as are provided by the General and Special Conditions. The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the Contract. CA-2 Right to Audit The OWNER shall have the right to audit and make copies of the books, records and computations pertaining to this agreement. The CONTRACTOR shall retain such books, records, documents and other evidence pertaining to this agreement during the contract period and five years thereafter, except if an audit is in progress or audit findings are yet unresolved, in which case records shall be kept until all audit tasks are completed and resolved. These books, records, documents and other evidence shall be available, within 10 business days of written request. Further, the CONTRACTOR shall also require all Subcontractors, material suppliers, and other payees to retain all books, records, documents and other evidence pertaining to this agreement, and to allow the OWNER similar access to those documents. All books and records will be made available within a 50 mile radius of the City of Denton. The cost of the audit will be borne by the OWNER unless the audit reveals an overpayment of 1% or greater. If an overpayment of 1% or greater occurs, the reasonable cost of the audit, including any travel costs, must be borne by the CONTRACTOR which must be payable within five business days of receipt of an invoice. Failure to comply with the provisions of this section shall be a material breach of this contract and shall constitute, in the OWNER'S sole discretion, grounds for termination thereof. Each of the terms "books" "records" "documents" and "other evidence" as used above shall be construed to include drafts and electronic files, even if such drafts or electronic files are subsequently used to generate or prepare a final printed document. CA - 3 IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. ATTEST: &-T, & ~ a- h r ~ City of Denton OWNER ~f BY: (SEAL) ATTEST: CONTRACTOR 1100 Grim-\e-0 -Ortve, ~'h►cha~c~ n -TA 99091 MAILING ADDRESS a -9$3 - G`10 I PHONE NUMBER a - y-~>ri - a$L4 5 APPROVED AS TO FORM: AXf A BURGESS, G Y A TO FK ;E Y FAX NU ER BY: I t TITLE wior& h~~Aenl PRINTE AM (SEAL) CA-4 PERFORMANCE BOND No. 10 5 4 312 91 STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That Crescent Constructors, Inc..✓whose address is 1100 Grinnell Dr. Richardson TX 75081 hereinafter called Principal, and T r a ve 1 e r corporation organized and existing under the laws of the State of Texas, and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a municipal corporation organized and existing under the laws of the State of Texas hereinafter called O er, in the penal sum of Eight Hundred Three Thousand DOLLARS~id 00/100 ($803,000 lus 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 2010-171-with the City of Denton, the Owner, dated the 20th day of July A.D. 2010- or Bid # 4501- Pecan Creek Water Reclamation Plant Peak Flow Pump Station ✓ 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 two (2) years from the date of final completion and final acceptance of the Work by the Owner; and, if the Principal shall fully indemnify and save harmless the Owner from all costs and damages which Owner may suffer by reason of failure to so perform herein and shall fully reimburse and repay Owner all outlay and expense which the Owner may incur in making good any default or deficiency, then this obligation shall be void; otherwise, it shall remain in 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 four copies, each one of which shall be deemed an original, this the 2(Y of Ju 1 y , 2 o 1 o ATTEST: J1a 4- - BY: SECRETARY / ATTEST: PRINCIPAL Crescent Cons ruc c. BY: A,~ PRESIDENT Mic ae Daigre SURETY Travelers Casualt & Surety Co. of BY: Anerica Tina Meint j es BY: GG/l - ATTO Y-IN-FAC Mary S. Prey The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is: NAME: Harris F. Underwood III, Inc. STREET ADDRESS: 3114 Main Street Dallas, TX 75226 (NOTE: Date of Performance Bond must be date of Contract. If Resident Agent is not a corporation, give a person's name.) PB-2 C~p 60 POWER OF ATTORNEY TRAVELERS J~ Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St, Paul Guardian Insurance Company Attorney-In Fact No. 221894 Certificate No. 0 0 3 3 6 5 4 4 0 KNOW ALL MEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the lav~N of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America a corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Christopher H. Noble, Frances Adams, Allen K. Dill, Shantee Mayfield, Jacqueline A. Epps, Jaimie Morrison, Mary S. Pre Debra Barnes, Suzanne Murray, Scott M. Guyette, Tina Meintjes, Peter M. Russell, Roger W. Bumgarner, Donald Holtmann, Roger Bales, Jay Hale, Mike Walker, Laura Braun, Andrew McPhaul, Carmen Mims, Jacqueline D. Collins, Alison Griffith, Brian K. Watson, Sylvia Huber, Lesley Whiting, Melissa Sanchez, Lucas Lomax, and Daniel C. Hasson of the City of Richardson , State of Texas , their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS VKI REOF, the Comp have caused this instrument to be signed and their corporate seals to be hereto affixed, this l~ovema er y day of. Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company 30th St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company °/,6Uq~~ Jy y1PE 4~ ~~11 INfG pj INSUggw JP~1V ANps N~,~„R~T{• ~yli._ ~5 ~ ~C1 ~ ~ ~(~alPofiATED 4 T j~i.oXPWRATE•t~1 ~W:pOpPORATf ~ni b 9~, ~I U~ J CORD t 9 S 2 0 1977 tf m a E , o; W HARTFORD < WIATFCrQ1 a i • o . CONN. n CONN. 7898 q~ a 1951 7;5Egl;oj .SEAL, State of Connecticut City of Hartford ss. By: Georg Thompson, ni-lice President 30th November 2009 On this the day of , before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. ~ ~A C ' ew* TAN My Commission expires the 30th day of June, 2011. Marie C. Tetreault, Notary Public 58440-4-09 Printed in U.S.A. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER IS POWER OF ATTORNEY IS This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kori M. Johanson, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Compames; which is in full'force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and_af&xed the seas of said-.Companies this day o _20/01 . Kori M. Johans Assistant Secretary pASf/,~ y~j'RE'Y \~N••~~54 NSUF J~ITY A/yGNW~B(ry, ~QYJ"Y"Y/ ~P c ti SG9 2 ~PP0.9{~rL C ~ ~~~oR POR . q' tip ~ r6' ~ 40 W~POIIAtED a x a~ A~t:a sou 'eORPORAtf':mi a J ~ INCO6pplm t9 ~ ~ m m f~ I n° a HARTPoR~, t HAR1FtlRq a 1977 1951 ;SEAL ? b~Y ~ Fa, t~ ` 2~`dANCEGO <o,f.......• a~ +4S:. SEAL' To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.travelersbond.com. Please refer to the Attorney-hi-Fact number, the above-named individuals and the details of the bond to which the power is attached. POWER OF ATTORNEY TRAVELERS IMPORTANT NOTICE TO GIVE NOTICE OF A CLAIM: You may contact Travelers Casualty & Surety Company of America and its affiliates at: Travelers Bond & Financial Products Attn: Bond Claim 1500 Market Street, Suite 2900 Philadelphia, PA 19102 (267) 675-3057 (267) 675-3102 Fax ATTACH THIS NOTICE TO YOUR BOND. This notice is for information only and does not become a part or a condition of the bond. PAYMENTBOND No. 105431291 STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That Crescent Constructors, Inc.✓whose address is 1100 rinnell Dr. Richardson TX 75081 hereinafter called Principal, and Traveler corporation organized and existing under the laws of the State of Texas, and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, and unto all persons, firms, and corporations who may furnish materials for, or perform labor upon, the building or~~provements hereinafter referred to, in the penal sum of Eight Hundred Three Thousand%DOLLARS and 00/100 ($803,000 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 2010-171,,✓with the City of Denton, the Owner, dated the 20th day of July A.D. 2010,--for Bid # 4501- Pecan Creek Water Reclamation Plant Peak Flow Pump 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. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc., accompanying the same, shall in anywise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc. PB-3 This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, as amended, and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Denton County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such surety, as provided by Article 7.19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas. IN WITNESS WHEREOF, this instrument is executed in opies, each one of which shall be deemed an original, this t_ day of July, 2 D 1four ATTEST: ~j " Y-/ . PRINCIPAL •s CRescent Constructors, In BY: SECRETARY l F BY: Jv ' I P SIDENT Mi a Daigre ATTEST: SURETY Travelers Casualty &Xrety Co. of BY: America Tina Meint j es , BY: ATTO Y-IN-FAC Ma r. y S. Prey The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is: NAME: Harris F. Underwood III, Inc. STREET ADDRESS: 3114 Main Street Dallas, TX 75226 (NOTE: Date of Payment Bond must be date of Contract. If Resident Agent is not a corporation, give a person's name.) PB - 4 TRAWELEM POWER OF ATTORNEY Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company Attorney-In Fact No. 221894 St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Certificate No. 003365441 KNOW ALL MEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the I s of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of) meric e corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Christopher H. Noble, Frances Adams, Allen K. Dill, Shantee Mayfield, Jacqueline A. Epps, Jaimie Morrison, Mary S. PreWl ebra Barnes, Suzanne Murray, Scott M. Guyette, Tina Meintjes, Peter M. Russell, Roger W. Bumgarner, Donald Holtmann, Roger Bales, Jay Hale, Mike Walker, Laura Braun, Andrew McPhaul, Carmen Mims, Jacqueline D. Collins, Alison Griff ith, Brian K. Watson, Sylvia Huber, Lesley Whiting, Melissa Sanchez, Lucas Lomax, and Daniel C. Hasson of the City of Richardson , State of Texas , their true and lawful Attorney(s)4n-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. INWITNFrS WHHEEREOF, the Comp ave caused this instrument to be signed and their corporate seals to be hereto affixed, this ? ovetr_ber day of Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company 30th St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company GA6U.~~ VJ" plRE 4 ~Tµ..~N$G NSVq"'a. PITY ANp 'fi r 2 D ~_TV_ 9 Jy '~C~ O: •.9 Ja:......... 4 4 6`~ SG ,~N~.~.A~/• O ,{j,'yy~ t Go 4 N <•EaRPOR,,TFy /'~~RPDRA ' c 9 t3 4~4I 9 b O INCdIPOMTED m h 2,1'00 if? a INCDOypp n z a HARTFORD, < 3- Z 1 9 8 2 O 1977 t•'y p i i'^ 121 1 • . 1 ' w i? m 1896 1951 ~~SEAI. to CONN. ~ a ~r~~ •J5 IS ! ~ a otSB AI. : .t ts.,•....~N, •yi Faa « AlN~ State of Connecticut City of Hartford ss. 30th November 2009 By: Georg Thompson, enior ice President On this the day of , before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. ~,.TET In Witness Whereof, I hereunto set my hand and official seal. ~fl ~ Q/LIJ~+ • V My Commission expires the 30th day of June, 2011. Marie C. Tetreault, Notary Public 58440-4-09 Printed in U.S.A. Al WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian°Insurancv Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kori M. Johanson, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United`$tates Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,, which is in full force`and'effect and has not been revoked. i , V"I IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seas of said Companies! this day of ?A Kori M. Johans Assistant Secretary pA8l1A G f1RE 4 iMy, j tt NSA°r, PTV ANO ~l3TY Ott ~AII. L tl tr , yP @-~•• y }`JgV s P ~ C1 ~ BCORPptRTED ty ~ OR PORATft €Wj'GORPORATf-~~~ y 9w ~ ~ ~M~W~FD l 9 8 2 o z r . o' : HAFRFORU, + FHaTF6aU. ~i Y'~L~ D; 1977 $ 1 ~ J{• SEAL 'o"~ ~~i poi ~ CONN. ° ~R a 1886 ~ bey . F~+ ~ ~~VRAI.GGG d1........Jg! o•„, :c+da ~~d +a ~ s r?~' ~l~t?1 To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.travelersbond.com. Please refer to the Attorney-In-Fact number, the above-named individuals and the details of the bond to which the power is attached. 'A W- 7RAVELERSJ IMPORTANT NOTICE TO GIVE NOTICE OF A CLAIM: You may contact Travelers Casualty & Surety Company of America and its affiliates at: Travelers Bond & Financial Products Attn: Bond Claim 1500 Market Street, Suite 2900 Philadelphia, PA 19102 (267) 675-3057 (267) 675-3102 Fax ATTACH THIS NOTICE TO YOUR BOND: This notice is for information only and does not become a part or a condition of the bond. 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. Cl - 9 • That such insurance is primary to any other insurance available to the additional insured with respect to claims covered under the policy and that this insurance applies separately to each insured against whom claim is made or suit is brought. The inclusion of more than one insured shall not operate to increase the insurer's limit of liability. • Cancellation: The City requires 30 day written notice should any of the policies described on the certificate be cancelled or materially changed before the expiration date. • Should any of the required insurance be provided under a claims-made form, Contractor shall maintain such coverage continuously throughout the term of this contract and, without lapse, for a period of three years beyond the contract expiration, such that occurrences arising during the contract term which give rise to claims made after expiration of the contract shall be covered. • Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit providing for claims investigation or legal defense costs to be included in the general annual aggregate limit, the Contractor shall either double the occurrence limits or obtain Owners and Contractors Protective Liability Insurance. • Should any required insurance lapse during the contract term, requests for payments originating after such lapse shall not be processed until the City receives satisfactory evidence of reinstated coverage as required by this contract, effective as of the lapse date. If insurance is not reinstated, City may, at its sole option, terminate this agreement effective on the date of the lapse. CI - 10 SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: All insurance policies proposed or obtained in satisfaction of this Contract shall additionally comply with the following marked specifications, and shall be maintained in compliance with these additional specifications throughout the duration of the Contract, or longer, if so noted. [X] A. General Liability Insurance: General Liability insurance with combined single limits of not less than $1,000,000.00 shall be provided and maintained by the Contractor. The policy shall be written on an occurrence basis either in a single policy or in a combination of underlying and umbrella or excess policies. If the Commercial General Liability form (ISO Form CG 0001 current edition) is used: • Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual liability covering this contract and broad form property damage coverage. Coverage B shall include personal injury. Coverage C, medical payments, is not required. If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) is used, it shall include at least: Bodily injury and Property Damage Liability for premises, operations, products and completed operations, independent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures. Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability. [X] Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than $500,000.00 either in a single policy or in a combination of basic and umbrella or excess policies. The policy will include bodily injury and property damage liability arising out of the operation, maintenance and use of all automobiles and mobile equipment used in conjunction with this contract. Satisfaction of the above requirement shall be in the form of a policy endorsement for: any auto, or all owned, hired and non-owned autos. CI - 11 [X] Workers Compensation Insurance Contractor shall purchase. and maintain Worker's Compensation insurance which, in addition to meeting the minimum statutory requirements for issuance of such insurance, has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 policy limit for occupational disease. The City need not be named as an "Additional Insured" but the insurer shall agree to waive all rights of subrogation against the City, its officials, agents, employees and volunteers for any work performed for the City by the Named Insured. For building or construction projects, the Contractor shall comply with the provisions of Attachment 1 in accordance with §406.096 of the Texas Labor Code and rule 28TAC 110.110 of the Texas Worker's Compensation Commission (TWCC). [ ] Owner's and Contractor's Protective Liability Insurance The Contractor shall obtain, pay for and maintain at all times during the prosecution of the work under this contract, an Owner's and Contractor's Protective Liability insurance policy naming the City as insured for property damage and bodily injury which may arise in the prosecution of the work or Contractor's operations under this contract. Coverage shall be on an "occurrence" basis, and the policy shall be issued by the same insurance company that carries the Contractor's liability insurance. Policy limits will be at least combined bodily injury and property damage per occurrence with a [ ] Fire Damage Legal Liability Insurance aggregate. 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. CI - 12 [ ] Commercial Crime Provides coverage for the theft or disappearance of cash or checks, robbery inside/outside the premises, burglary of the premises, and employee fidelity. The employee fidelity portion of this coverage should be written on a "blanket" basis to cover all employees, including new hires. This type insurance should be required if the contractor has access to City funds. Limits of not less than each occurrence are required. [ ] Additional Insurance Other insurance may be required on an individual basis for extra hazardous contracts and specific service agreements. If such additional insurance is required for a specific contract, that requirement will be described in the "Specific Conditions" of the contract specifications. CI - 13 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: Cl - 14 1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and 2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 1. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: 1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; 2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; 3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 4) obtain from each other person with whom it contracts, and provide to the contractor: a) certificate of coverage, prior to the other person beginning work on the project; and b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; CI - 15 5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; 6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and 7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self- insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. CI - 16 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 1491, 80th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with chapter 176 of the Local Government Code by a Date Received person doing business with the governmental entity. By law this questionnaire must be filed with the records administrator of the local government not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government Code. A person commits an offense if the person violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor. 1 Name of person who has a business relationship with. local governmental entity. 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 the originally filed questionnaire becomes incomplete or inaccurate.) 3 Name of local government officer with whom filer has an employment or business relationship. Name of Officer This section, (item 3 including subparts A, B, C & D), must be completed for each officer with whom the filer has an employment or other business relationship as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the filer of the questionnaire? 0 N o Yes B. Is the filer of the questionnaire' receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? 0 Yes 0 No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership of 10 percent or more? 0 N 0 o Yes D. Describe each affiliation or business relationship. 4 Signature of person doing business with the governmental entity Date Adopted 0612912007 CIQ - I SECTION 0030,0 BID PROPOSAL Date T)n 2010 PROROSA`OF Corporation ;organized and existing under the laws of the State of IFS , a paarrt--nership consisting of , the business name of an individual. TO: Purchasing Department City of Denton 901-B Texas Street Denton, Texas 76209 PROJECT: City of Denton Peak Flow Basin Pump Station Project Bid No. 4501 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, Invitation for Bids, Instructions to Bidders, the General and Supplementary Conditions, Specifications, and the Drawings herein 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 fi mish all the materials as called for in the Contract Documents in the manner prescribed and according to the Plans and Specification requirements of the Owner as herein set forth. Accompanying this proposal is a (certified or cashier's check payable / to the Owner ` (Bid Bond)) in the amount of ne ~~5 s ~t~df7 ✓c E~e'r G c'r7 ( 5 , I- TC Dollars S` 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 in accordance with the provisions of these documents within ten (10) days of receipt of the Notice of Award, in which case the bid security shall become the property of the Owner, and shall be considered as payment for damages due to delay and other inconveniences suffered by the Owner on account of such failure of the bidder. It is understood that the Owner reserves the right to reject any and all bids received and waive formalities in any Bid. Prices shall be shown in words and figures. In the event of discrepancy, the words shall govern. DEN08111 00300-1 FEBRUARY 2010 PEAK FLOW BASIN PUMP STATION BID PROPOSAL Award of Contract by Owner, if made, will be based on the responsive, qualified proposal with the lowest total cost for the Total Base Bid. 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 prices: BID SCHEDULE FOR CITY OF DENTON PEAK FLOW BASIN PUMP STATION Bidders shall attach an itemized quotation of components included in the bid including quantity, size, and description. Item No. Quantity Unit Description / Unit Price in Words Unit Price Extended Price Base Bid 1 1 LS Furnish and install the Peak Flow Pump Station i l di i t ll ti ll f i ll C nc u ng ns a a on o a equ pment as we as equipment ynd~piping complete, in place, and operational ayvn in the Contract Documents and for the sum of V\O of t eJ Are-e Ov++Y Dol s an Cents per turn sum. $ $ TOTAL BASE BID The undersigned agrees to substantially complete all work covered by the Contract Documents within the time periods specified in Section 01010 Summary of Work, Paragraph 1.03, Time of Completion. In the event that the project is not complete within the allotted time as specified, the Owner will assess liquidated damages in accordance with Part 8.0, Liquidated Damages of the Supplementary Conditions. In the event of award of a Contract to the undersigned, the undersigned will appear before the authorized representative of the Owner to execute the Contract under the terms and conditions specified herein and furnish a Perforniance Bond and Payment Bond, each in the full amount of the Contract ensuring and guaranteeing the work until final completion and acceptance. The undersigned guarantees payment of all lawful claims for labor performed and materials furnished in fulfillment of the Contract. The Work shall be accepted when fully completed and finished in accordance with the Specifications, to the satisfaction of the Owner. The undersigned certifies that the bid price contained. in this Proposal have been carefully checked and are submitted as correct and final. The undersigned agrees that in the event of conflict between terms and conditions submitted by the SUPPLIER and the Contract Documents and Specifications, the Contract Documents and Specifications govern. Receipt is hereby acknowledged of the following addenda to the Contract Documents: ~a DEN08111 00300-2 FEBRUARY 2010 PEAK FLOW BASIN PUMP STATION BID PROPOSAL Addendum No. 1 dated ' 4 d , c, Received 0 a v Addendum No. 2 dated I ' I / Received N 1 C' I C` Addendum No. 3 dated Received Kk A ' C1 ~dcl vnd ut~ Vb 9 d eb 6 `1 lo iRQ e ~ve~ a~. a.rl J ao o Attested by: Respectfully submitted, Cie, Signature c R Signature Printed Name and Title Printed Name and Title Mailing Address C s~ e 1 Street Address City and State Telephone Number NOTE: Bid forms may be copied or detached from this bound document. Fill in with ink and submit complete with required fonns and itemized quotation of components included in the Bid. Do not insert exceptions, deletions or conditional statements to this proposal. ~ DEN08I 11 00300-3 FEBRUARY 2010 PEAK FLOW BASIN PUMP STATION BID PROPOSAL SECTION 00460 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: 5-f 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 ainount of the Contract. CONTRACTOR: COMPANY } (f`s~ f By A( 1-7 J e- T3 J Street Address r6;1 11 SO t; /X ~~-J City and State a3 i 0L~, L~/ OCR $c~ r~CnD. THIS FORM SHALL BE EXECUTED AT THE TIME OF EXECUTION OF THE CONTRACT AND SHALL BE MADE A PART OF THE CONTRACT. DEN08111 00460 - I FEBRUARY 2010 PEAK FLOW BASIN PUMP STATION CONTRACTOR COMPLIANCE TO TEXAS SALES TAX CODE SECTION 00480 'CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ l For vendor or other person doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 1491, 80th Leg., Regular Session. OFFICE USE ONLY ~ This questionnaire is being filed in accordance with chapter 176 of thQ Local Government Code by a Date Received person who has a business relationship as defined by Section 176.001(1-2) with a local governmental l entity and the person meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local government entity i not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government Code. i A person commits an offense if the person knowingly violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor. Name of person who has a business relationship with local governmental entity. t Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7'11' business day after the date the originally filed questionnaire becomes incomplete orinaccurate.) 3J Name of local government officer with whom filer has an employment or business relationship. I~btPt P,Lab Name of Officer This section, (item 3 including subparts A, B, C & D), must be completed for each officer with whom the filer has an employment or other business relationship as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the filer of the~questionnaire? u Yes No 6 Is the filer of the questionnaire receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? 0 Yes 0 No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership of 10 percent or more? Yes 0 No D. Describe each affiliation or business relationship. 4 Signature of person doing business with the g~ ,niinental entity Date DENOSI I I PEAK FLOW BASIN PUI`9P STATION 00480- 1 FEBRUARY 2010 CONFI.ICT O INTI-R FCT 01 IrCTIC)\\,' air F SECTION 00420 SAFETY RECORD QUESTIONNAIRE (Must Be Submitted With Bid Submittal) The City of Denton desires to avail itself of the benefits of Section 252.0435 of the Local Government Code, and consider the safety records of potential contractors prior to awarding bids on City contracts. Pursuant to Section 252.0435 of the Local Government Code, the City of Denton has adopted the following written definition and criteria for accurately determining the safety record of a bidder prior to awarding bids on City contracts. The definition and criteria for determining the safety record of a bidder for this consideration shall be: The City of Denton shall consider the safety record of the bidders in determining the responsibility thereof. The City may consider any incidence involving worker safety or safety of the citizens of the City of Denton, be it related or caused by environmental, mechanical, operational, supervision or any other cause or factor. Specifically, the City may consider, among other things: a. Complaints to, or final orders entered by, the Occupational Safety and Health Review Commission (OSHRC), against the bidder for violations of OSHA regulations within the past three (3) years. b. Citations (as defined below) from an Environmental Protection Agency (as defined below) for violations within the past five (5) years. Environmental Protection Agencies include, but are not necessarily limited to, the U.S. Army Corps of Engineers (USACOE), the U.S. Fish and Wildlife Service (USFWS), the Environmental Protection Agency (EPA), the Texas Commission on Environmental Quality (TCEQ), the Texas Natural Resource Conservation Commission (TNRCC) (predecessor to the TCEQ), the Texas Department of Health (TDH), the Texas Parks and Wildlife Department (TPWD), the Structural Pest Control Board (SPCB), agencies of local governments responsible for enforcing environ rnental protection or worker safety related laws or regulations, and similar regulatory agencies of other states of the United States. Citations include notices of violation, notices of enforcement, suspensio>i/revocations of state or federal licenses or registrations, fines assessed, pending criminal complaints, indictments, or convictions, administrative orders, draft orders, final orders, and judicial final judgments. C. Convictions of a criminal offense within the past ten (10) years, which resulted in bodily harm or death. d. Any other safety related matter deemed by the City Council to be material in determining the responsibility of the bidder and his or her ability to perform the services or goods required by the bid documents in a safe environment, both for the workers and other employees of bidder and the citizens of the City of Denton. 00420- 1 FEBRUARY 2010 DEN081 I 1 SAFETY RECORD QUESTIONNAIRE PEAK FLOW BASIN PUMP STATION In order to obtain proper information from bidders so that City of Denton may consider the safety records of potential contractors prior to awarding bids on City contracts, City of Denton requires that bidders answer the following three (3) questions and submit them with their bids: QUESTION ONE Has the bidder, or the firm, corporation, partnership, or institution represented by the bidder, or anyone acting for such firm, corporation, partnership or institution, received citations for violations of OSHA within the past three (3) years? YES NO If the bidder has indicated YES for question number one above, the bidder must provide to City of Denton, with its bid submission, the following information with respect to each such citation: Date of offense, location of establishment inspected, category of offense, final disposition of offense, if any, and penalty assessed. QUESTION TWO Has the bidder, or the firm, corporation, partnership, or institution represented by the bidder, or anyone acting for such firm, corporation, partnership or institution, received citations for violations of environmental protection laws or regulations, of any kind or type, within the past five years? Citations include notice of violation, notice of enforcement, suspension/revocations of state or federal licenses, or registrations, fines assessed, pending criminal complaints, indictments, or convictions, administrative orders, draft orders, final orders, and judicial final judgments. judgments. YES NO V1 If the bidder has indicated YES for question number two above, the bidder must provide to City of Denton, with its bid submission, the following information with respect to each such conviction: Date of offense or occurrence, location where offense occurred, type of offense, final disposition of offense, if any, and penalty assessed. QUESTION THREE Has the bidder, or the firm, corporation, partnership, or institution represented by bidder. or anyone acting for such firm, corporation, partnership, or institution, ever been convicted, within the past ten (10) years, of a criminal offense which resulted in serious bodily injury or death? YES NO- If the bidder has indicated YES for question number three above, the bidder must provide to City of Denton, with its bid submission, the following information with respect to each such conviction: Date of offense, location where offense occurred, type of offense, final disposition of offense, if any, and penalty assessed. DEN091 11 00420 - 2 FEBRUARY 2010 PEAL: FLOW BASIN PUMP STATION SAFETY RECORD QUESTIONNAIRE ACKNOWLEDGEMENT THE STATE OF TEXAS COUNTY OF DENTON I certify that I have ),Wade no willful misrepresentations in this Questionnaire nor have I withheld information in my statements and answers to questions. I am aware that the information given by me in this questionnaire will be investigated, with my full pennission, and that any misrepresentations or omissions may cause my bid to be rejected. Signature t-N~c~\3 e C . ~l c~1c r~ pros d eilf -L rri'sc'e~~ f C?r~ ~ ~fi~~I fc rs . i~{ Title DEN08111 00420 - 3 FEBRUARY 2010 PEAK FLOW BASIN PUMP STATION SAFETY RECORD QUESTIONNAIRE SECTION 00440 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 are not required to underbid resident bidders. (give state), our principal place of business, Our principal place of business or corporate offices are in the State of Texas: a Mas C co a- ;-BIDDER: COMPANY ev 1 ity and State DEN08111 00440- 1 FEBRUARY 2010 PEAK FLOW BASIN PUMP STATION VENDOR COMPLIANCE TO STATE LAW Street Address Purchasing Department 901-B Texas St. Denton, TX 76209 (940) 349-7100 www.dentonpurchasing.com ADDENDUM # 1 May 11, 2010 Bid # 4501 Pecan Creek Water Reclamation Plant-Peak Flow Pump Station BIDS DUE: May 11, 2010 @ 2:00 PM Bid submitted by: Company Name BID # 4501 - ADDENDUM # 1 Addendum # 1 to be returned with Bid Proposal PLEASE SEE ATTACHED GEOTECHNICAL STUDY NO OTHER CHANGES AT THIS TIME. This form shall be signed and returned with your bid. Name: / f Signature: Company: Title: Date: i Purchasing Department 901-B Texas St. Denton, TX 76209 (940) 349-7100 ,wirw.dentonpurchasing.corn ADDENDUM # 2 May 11, 2010 Bid # 4501 Pecan Creek Water Reclamation Plant-Peak Flow Pump Station BIDS DUE: June 1, 2010 at 2:00 PIVI Bid submitted by: J Company Name BID # 4501 - ADDENDUM # 2 Addendum # 2 to be returned with Bid Proposal 1) The bid opening date has been moved to June 1 at 2:00 p.m. The bid opening location remains the same. 2) Page 17000-10, item 2.08A notes the incorrect phone number for the instrument contractor. Please correct the phone number to (214) 534-9178. Bidders are encouraged to contact Mr. Wise well in advance of the bid opening to received a proper quote for this portion of the project. NO OTHER CHANGES AT THIS TIME. This form shall be signed and returned with your bid. Name: I i Signature: ` Company: ti CI ~a tel. w1, Tlrl L , Title: - Date: r 1 / Purchasing Department 901-B Texas St. Denton, TX 76209 (940) 349-7100 www.dentonpurchasing.com ADDENDUM # 3 June 1, 2010 Bid # 4501 Pecan Creek Water Reclamation Plant-Peak Flow Pump Station BIDS DUE: June 1, 2010 @ 2:00 PM Bid submitted by: Company Name BID # 4501 - ADDENDUM #3 Addendum # 3 to be returned with Bid Proposal PLEASE SEE ATTACHED CHANGES TO THE SPECIFICATIONS AND DRAWINGS NO OTHER CHANGES AT THIS TIME. This form shall be signed and returned with your bid. Name: Signature: / f Company: Title: Date: f: r Purchasing Department 901-B Texas St. Denton, TX 76209 (940) 349-7100 www.dentonpurchasing.com ADDENDUM # 4 June 1, 2010 Bid # 4501 Pecan Creek Water Reclamation Plant-Peak Flow Pump Station BIDS DUE: June 1, 2010 @ 2:00 PM Bid submitted by: r-,-cf Sc ~ :s -vim. 5 Z~C Company Name BID # 4501 - ADDENDUM #4 Addendum # 4 to be returned with Bid Proposal PLEASE SEE ATTACHED NO OTHER CHANGES AT THIS TIME. This form shall be signed and returned with your bid. Name: Signature: o 4 ~l f . Company: Title: Date: City of Denton Pecan Creek Water Reclamation Plant Peak Flow Basin Pump Station Bid No.: 4501 Addendum No. 4 May 26, 2010 BID DATE: June 01, 2010-2:00 PM CST Engineer: CP&Y, Inc. To: All Document Holders of Records Drawings Drawinq G-5 a. Delete "36" PVC Influent Line" callout and replace with "36" PVC C-905 Influent line". 2. Drawinq C-1 a. Delete "36" Influent Line" callout and replace with "36" Influent PVC C-905 Line". 3. Drawinq C-2 a. Delete "36" Influent PVC Line" callout and replace with "36" Influent PVC C-905 Line". 4. Drawing C-5 a. Add the following general note: " Refer to Specification Section 02831 for fencing and barbed wire requirements". 5. Drawinq M-1 a. Delete reference callout for pressure indicator detail F on M-5. b. Add the following: "Note 8. Pressure gauges shall have a ABS case and shall be 4-1/2 inch nominal diameter with a full sized Type 316 SS Bourdon tube and a 300 series SS movement. The gauges shall be liquid filled with glycerin and shall be provided with a filler/breather cap. The socket shall be '/4 inch NPT Type 316 SS with a bottom connection and the dial shall be a white background with black markings. Gauges shall be ANSI Grade A plus or minus 1 percent of scale and shall have a blow-out back design. Acceptable manufacturers include U.S. Gauge, Ashcroft or Trerice. All gauges shall be installed with isolation ball valves and diaphragm seals." 6. Drawing M-2 a. Delete "36-WW-DI" callout and replace with "36-WW-PVC". 7. Drawing M-3 a. Delete "36-WWDI" callout and replace with "36-WW-PVC". b. Add the following: "Note 10. Pressure gauges shall have a ABS case and shall be 4-1/2 inch nominal diameter with a full sized Type 316 SS Bourdon tube and a 300 series SS movement. The gauges shall be liquid filled with glycerin and shall be provided with a filler/breather cap. The socket shall be % inch NPT Type 316 SS with a bottom connection and the dial shall be a white background with black markings. Gauges shall be ANSI Grade A plus or minus 1 percent of scale and shall have a blow-out back design. Acceptable manufacturers include U.S. Gauge, Ashcroft or Trerice. All gauges shall be installed with isolation ball valves and diaphragm seals." C. 8. Drawing M-5, Detail D Air ReleaseNacuum Valve a. Delete "Discharge air release valve into wet well using 316 SS pipe, see plan and elevation sheets" callout and replace with "Discharge air release valve into wet well using PVC pipe, see plan and elevation sheets". b. Delete "Blind flange tapped for 2" SCH 80 PVC GALV pipe connection" callout and replace with "Blind flange tapped for 3" SCH 80 PVC GALV pipe connection". c. Delete 12" Header pipe or fitting as shown on plans" callout and replace with "30" header pipe as shown on plans". ACtRff CERTIFICATE OF LIABILITY INSURANCE DIYYYY) DAT7/27/2 010 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Phones (214)752-9500 Fax: (214)752-9501 CONTACT Jim Fulton NAME: Harris F. Underwood III Inc. aHCNr o Ext : (214)752-9500 A/C N, J: (214)752-9501 P. O. Box 710039 E-MAIL ADDRESS: Jimf@theunderwoodagency.com Dallas, Texas 75371-0039 PRODUCER CRES02 CUSTOMER ID INSURER S) AFFORDING COVERAGE NAIC # INSURED / INSURER A : Oklahoma Surety Company 23426 Crescent Constructors Inc / Allm i Fi i l B fit I C , er ca nanc a ene nsurance ompany INSURER B : 41840 Pelican Equipment, LLC 11 INSURER C : Mid-Continent Casualty Company 23418 00 Grinnell Dr. Richardson TX 75081-5817 INSURER D : Texas Mutual Insurance Company 22945 , INSURER E: The Hanover Insurance Company 22292 INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS , EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF IN RANCE ADDL SUBR POLICY NUMBER POLICY EFF MMIDD/YYYY POLICY EXP MM/DD/YYYY LIMITS GENERAL LIABILIT GL000768377 ✓ 9/12/2009 9/12/2010 EACH OCCURRENCE $ 1,000,000 A COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES Ea occurrence $ 100,000 CLAIMS-MADE R] OCCURV MED EXP (Any one person) $ ✓ XCU Included PERSONAL & ADV INJURY 000 000 $ 1 ✓ Contractual ✓ GENERAL AGGREGATE , , $ 2,000,000 GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 POLICY ✓ PRO LOG $ AUT OMOBILE LIABI LITY✓ AWDS06348201tf 2/23/2010 2/23/2011 OMBINED SINGLE LIMIT B ✓ / ANYAUTO✓ (Ea accident) $ 1,000,000, ALL OWNED AUTOS BODILY INJURY (Per person) $ SCHEDULED AUTOS ✓ BODILY INJURY (Per accident) $ ✓ PROPERTY DAMAGE $ HIRED AUTOS (Per accident) ✓ NON-OWNED AUTOS $ C UMBRELLA LIAB ✓ OCCUR XS163226 9/12/2009 9/12/2010 EACH OCCURRENCE 000 000 $ 1 EXCESS LIAB CLAIMS-MADE AGGREGATE , , $ 1,000,000 ✓ DEDUCTIBLE $ ✓ RETENTION $ 10,000 $ D WORKERS NSATION E E ` 10/1 / 101121201 " "V -I WC SLATU- of H- AN D EMPLOY RS LI BILIITY TSF0001195239. 2 2009 0 T YIN ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERIMEMBER EXCLUDED? Y I- / A E.L. EACH ACCIDENT $ 500,000 (Mandatory In NH) If d ib d E.L. DISEASE -EA EMPLOYEE $ 500,000 yes, escr e un er DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 500,000- E Equipment Floater IHD296889702 5/12/2010 5/12/2011 Leased/Rented Equipment 300,000 Deductible 1,000 DESCRIPTION OF OPERATIONS/ LOCATIONS /VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) Re: Pecan Creek Water Reclamation Plant-Peak Flow Pump Station✓ City of Denton its Officials A ents Em lo ees d l t d ddi i l i d li bili s ✓ , , g , p y an vo un eers are name a t ona nsure on a ty policie day notice cancellation is includcd. . O -v- - L nv1_vcrc L ANUMLLA I IUN Holder's Nature of Interest :Additional Insured SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE / THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Denton ✓ © ACCORDANCE WITH THE POLICY PROVISIONS. 901-B Texas St. Denton, TX 76209 AUTHORIZED REPRESENTATIVE ©1988-2009 ACORD CORPORATION. All rights reserved. /I ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD