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2011-075
%(+$1$%$1$-"$%.1, 2011075 AdditionalFileExists AdditionalFileContainsRecordsNotPublic,AccordingtothePublicRecords Act Other %(+$2#§º«(´¯º¯§²¹ ChangeOrder9KOrdinanceNo.201326610/01/13JR ORDINANCE NO. 2011-075 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF THE LAKE LEWISVILLE WATER TREATMENT PLANT UPGRADE PROJECT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 4665-AWARDED TO THE LOWEST RESPONSIBLE BIDDER MEETING SPECIFICATION, BAR CONSTRUCTORS, INC. IN THE AMOUNT OF $32,142,000). 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 4665 BAR Constructors, Inc. $32,142,000 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 5. This ordinance shall become effective immediately upon its passage and approval. '?kz PASSED AND APPROVED this the day of ,2011. MA A: B RRO HS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: 1) lpd,w APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: 5-ORD- 4665 75 CONTRACT AGREEMENT STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT, made and entered into this 3rd day of May A.D., 2011, 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 BAR Constructors Inc. PO Rnx 10 Lancaster TX 75146 of the City of Lancaster, County of Dallas and State of Texas, hereinafter termed "CONTRACTOR." The Project has been designed by Malcolm Pirnie, Inc., 12400 Coit Rd, Suite 1200, Dallas, TX 75251 (hereinafter called, alternatively, Architect, ARCHITECT, Engineer, or ENGINEER), which is to act as the Owner's representative, assume all duties and responsibilities and have the rights and authority assigned to Architect or Engineer in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. 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 # 4665 - Lake Lewisville Water Treatment Plant Upgrade In the amount of $ 32,142,000 and all extra work in connection therewith, under the terms of the Contract Documents; and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, bonds and insurance, and other accessories and services necessary to complete the Work specified above, in accordance with the Contract Documents. The Contract Documents are comprised of the following: Contract Agreement, Performance Bond, Payment Bond, City of Denton, Insurance Requirements for Contractors, General Conditions of the Contract for Construction (AIA A201, 1987 edition, hereinafter referred to as "General Conditions"), Supplementary General Conditions, Contractor Compliance to Texas Sales Tax Code, North Central Texas Council of Governments Specifications for Public Works Construction, Drawings (titled, "Lake Lewisville Water Treatment Plant Upgrade, Volumes I and II", prepared by Malcolm Pirnie, Inc.), Specifications (as listed in the Table of Contents of this manual, comprising Volumes I, II, and III), and the following which may be issued after the execution of the Contract Agreement by the parties: Addenda, Notice to Proceed, and Change Orders. PAGE CA - 1 OF BID #4665 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 and Architect, and Architect's consultants, 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 and Architect, and Architect's consultants. 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 and Architect, and Architect's consultants. 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. PAGE CA - 2 OF BID #4665 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. PAGE CA - 3 OF BID #4665 IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. ATTEST: City of Denton O BY: (SEAL) 60' L0 y15AY LA C4tW 5) I rn c- CONTRACTOR Po 60X o Lancers TX -75 1 lv MAILING ADDRESS APPROVED AS TO FORM: ITA BURGESSrICITY TTORNEY q-) a -era-) - 328`1 PHONE NUMBER cn--x - a~1- 9o4-5 FAX NUMBER BY: U;CL er-e SidCr-~ TITLE W, 6Aae.1 N(KCL O ~ AC' PRINTED NAME (SEAL) PAGE CA - 4 OF BID #4665 PERFORMANCE BOND STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That BAR Constructors, Inc.✓ whose address is PO Box 10, Lancaster Texas 75146 hereinafter called Principal, and - a ,i, ,31q a corporation organized and existing under the laws of the State of 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 Owne , in the penal sum of Thirtv Two Million One Hundred Forty Two Thousand and 0/100 LLARS ($32 142 000 plus 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 which increases the Contract price, but in no event shall a Change Order 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 2011-075_, with the City of Denton, the Owner, dated the 3rd day of May A.D. 2011 ,✓for Bid #4665 Lake Lewisville Water Treatment Plant Upjzrade~ 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. PAGE PB - 1 OF BID #4665 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 3 Y, d day of ' 1 , ou✓. ATTEST: PRINCIPAL q r ' ` M - 'on- u nsky uC furs, Inc. BY: .r i f7l l VCL-{Zt L lr"(u dq PRFSIHE44- ATTEST: SURETY Hartford Fire Insurance Company BY: ATTORNEY-IN- ACTj The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is: NAME: McQueary Henry Bowles Troy, LLP 8144 Walnut Hill Lane Suite 1600 STREET ADDRESS: Dallas, Texas 75231 972-770-1600 (NOTE: Date of Performance Bond must be date of Contract. If Resident Agent is not a corporation, give a person's name.) PAGE PB - 2 OF BID #4665 PAYMENT BOND STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That BAR Constructors, Inc:✓ , whose address is PO Box 10, Lancaster Texas 75146 hereinafter called Principal, and a or ire nsurance ~jrirl2L}j ~.~3" ' a corporation organized and existing under the laws of the State of was ,Land fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, and unto all persons, firms, and corporations who may furnish materials for, or perform labor upon, the building or improvements hereinafter referred P , in the penal sum of TIiirly Two Million One Hundred Fort Two Thousand and 0/100gOLLARS ($32 142 000 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 which increases the Contract price, but in no event shall a Change Order 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 2011-075 with the City of Denton, the Owner, dated the 3rd day of May A.D.Y for Bid # 4665 Lake Lewisville Water Treatment Plant Upgrade 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. PAGE PB - 3 OF BID 44665 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 f which shall be deemed an original, this the 3 day of , oZ~1l f ATTEST: BY: `oe4&Lt-# l Va-(xcto Y 5'Q. Ace* ATTEST: BY: G eiG~~ PRINCIPAL BY: Aic,~atk 14reavw6ide. -P V'-cc res aw4- SURETY rtford Fire Insurance Company BY: ATTORNEY-IN-FACE The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is: McQueary 11cii y Bowles Troy, LLP NAME: 81-1-1 Walnut Hill Lane STREET ADDRESS: iall.as, Texas 75231 (NOTE: Date of Payment Bond must be date of Contract. If Resident Agent is not a corporation, give a person's name.) PAGE PB - 4 OF BID #4665'~~~~ Direct Inquiries/Claims to: Bond T4 POWER OF ATTORNEY THE HARTFORD One Hartford Plaza Hartford, Connecticut 06155 call: 888-266-3488 or fax: 860-757-5835) KNOW ALL PERSONS BY THESE PRESENTS THAT;. Agency Code: 46 461496 0 Hartford Fire Insurance Company corporation duly organized raider the laws of the State of Connecticut Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut 0 Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois Hartford Insurance Company of the Midwest, a corporation duly, organized under the laws of the State of Indiana Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint, up to the amount of UNLIMITED DENNIS DOWD, JOHN . FULKERSON, KAE PERDUE, TOM P. ELLIS III, DONNIE D. DOAN, V. DELENE MARSHALLEBBIE SMITH OF DALLAS, TEXAS their true and lawful Aftorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments 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 Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on January 22, 2004, the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. i*,/[OIIINt[}w ' i9aAT a fMMt~ ! dFAwV,yaiT ~+arrWaM M . slyr~1 B6, v,'+'" IiaiM1~ :y 9 $ tD19 ` s bully rA 'v Al 'hy ~r1E9, h01NE` y+ f Scott Sadowsky, Assistant Secretary M. Ross Fisher, Assistant Vice President STATE OF CONNECTICUT ss. Hartford COUNTY OF HARTFORD On this 3r' day of March, 2008, before me personally came M. Ross Fisher, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. E'A4w ~R Scott E. Paseka Notary Public CERTIFICATE A'tp Conunission Expires October 31, 2012 I, the undersigned, Assistant Vice President of the Companies, 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 still in full force effective as of the 3rd day of May, 2011. Signed and sealed at the City of Hartford. EIS ~/I [,.4CO~ o ~/NMY P sue[ ri enr~ . ~ L 0 A a 4~ 3 ~aur°a,~y41"~ `arA~'~Ro o ~r ~ I rasa ^ i ,~M~ ~`aMli[S[ti~;e /~a~~~ ~rb lp79 0~ $ ta7AS~ S~& x949 * E7E0~~' "IUOUSEO ~ ~~iA 1s 11 } ~ l1~oY+* h01AN` ..rr 1 Gary W. Stumper, Assistant Vi President T10A 2010 VV 4 IMPORTANT NOTICE To obtain information or make a complaint: You may contact your agent who is listed on the Declarations Page of your policy, or on your binder or certificate of insurance. You may call The Hartford toll-free telephone number for information or to make a complaint at 1-800-392-7805 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at 1-800-252-3439 AVISO IMPORTANTE Para obtener informacion o para someter una queja: Puede comunicarse con su agente quien esta alistado en las Paginas de Declaracion de su poliza, o en su resguardo provisional, o en el certificado de seguro. Usted puede Ilamar al numero de telefono gratis de The Hartford's para informacion o para someter una queja al 1-800-392-7805 Puede comunicarse con el Departamento de Seguros de Texas para conseguir informacion acerca de companias, coberturas, derechos o quejas al You may write the Texas Department of Insurance P.O. Box 149104 Austin, TX 78714-9104 FAX # (512) 475-1771 PREMIUM OR CLAIM DISPUTES Should you have a dispute concerning your premium or about a claim you should contact the agent or the company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. 1-800-252-3439 Puede escribir al Departamento de Seguros de Texas P.O. Box 149104 Austin, TX 78714-9104 FAX # (512) 475-1771 DISPUTAS SOBRE PRIMAS O RECLAMOS Si tiene una disputa concerniente a su prima o a un reclamo, debe comunicarse con el agente o la compania primero. Si no se resuelve la disputa, puede entonces comunicarse con el departamento (TDI). UNA ESTE AVISO A SU POLIZA: Este aviso es solo para proposito de informacion y no se convierte en parte o condicion del documento adjunto. Form G-3116-1 Printed in U.S.A. Page 1 of 1 Producer Compensation Notice You can review and obtain information on The Hartford's producer compensation practices at www.thehartford.com or at 1-800-592-5717. F-5267-0 HR 00 H093 00 0207 © 2007, The Hartford Page 1 of 1 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, and all entities required to be named as additional insureds, 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 and other additional insureds; 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, volunteers, Architect, and all consultants to the Architect that will have a role during the construction phase. PAGE CI - 1 OF BID #4665 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: 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, and other additional insureds, 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. PAGE CI - 2 OF BID #4665 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, ifso noted: [X ] A. General Liability Insurance: General Liability insurance with combined single limits of not less than $5,000,000.00 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 (XCiJ) 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 $1,000,000.00 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. PAGE CI - 3 OF BID #4665 [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, and other entities required under the Contract Documents to be additional insureds, 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). [X] Builders' Risk Insurance Builders' Risk Insurance, on an All-Risk form for 100% of the completed value shall be provided. Such policy shall include as "Named Insured" the City of Denton and all subcontractors as their interests may appear. Entities required under the Contract Documents to be named as additional insureds on liability insurance, as indicated on Page CI-1 of these insurance requirements as modified by Addenda, shall be named as either loss payees or as additional insured on builder's risk and other forms of property insurance furnished. Contractor shall comply with the provisions of the General Conditions, Article 11.3.7 ATTACHMENT 1 [X] Worker's Compensation Coverage for Building or Construction Projects for Governmental Entities A. Definitions: Certificate of coverage ("certificate") -A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in §406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or, other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any overage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the Contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: 1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and 2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: 1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; 2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; 3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 4) obtain from each other person with whom it contracts, and provide to the contractor: a) certificate of coverage, prior to the other person beginning work on the project; and b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; BID No. 4665 PROPOSAL TO THE CITY OF DENTON, TEXAS FOR THE CONSTRUCTION OF LAKE LEWISVILLE WATER TREATMENT PLANT UPGRADE IN DENTON, TEXAS The undersigned, as bidder, declares that the only person or parties interested in this proposal as principals are those named herein, that this proposal is made without collusion with any other person, firm, or corporation; that he has carefully examined the form of contract, Notice to Bidders, specifications and the plans therein referred to, and has carefully examined the locations, conditions, and classes of materials of the proposed work and agrees that he will provide all the necessary labor, machinery, tools, apparatus, and other items incidental to construction, and will do all the work and furnish all the materials called for in the contract and specifications in the manner prescribed herein and according to the requirements of the City as therein set forth. It is understood that the following quantities of work to be done at unit prices are approximate only, and are intended principally to serve as a guide in evaluating bids. It is agreed that the quantities of work to be done at unit prices and material to be furnished may be increased or diminished as may be considered necessary, in the opinion of the City, to complete the work fully as planned and contemplated, and that all quantities of work whether increased or decreased are to be performed at the unit prices set forth below except as provided for in the specifications. The contractor shall provide the numeric unit price and the unit price in words for each quantity. Unit price in words governs over the numeric price given. It is further agreed that lump sum prices may be increased to cover additional work ordered by the City, but not shown on the plans or required by the specifications, in accordance with the provisions to the General Conditions. Similarly, they may be decreased to cover deletion of work so ordered. It is understood and agreed that the work is to be completed in full within the number of days shown in Section 01131, Schedule of Completion. PAGE P - 1 OF BID #4665 Accompanying this proposal is a certified or cashier's check or Bid Bond, payable to the Owner, in the amount of five percent of the total bid. It is understood that the bid security accompanying this proposal shall be returned to the bidder, unless in case of the acceptance of the proposal, the bidder shall fail to execute a contract and file a performance bond and a payment bond within fifteen days after its acceptance, in which case the bid security shall become the property of the Owner, and shall be considered as a payment for damages due to delay and other inconveniences suffered by the Owner on account of such failure of the bidder. Owner reserves the right to reject any and all bids. Owner may investigate the prior performance of bidder on other contracts, either public or private, in evaluating bid proposals. Should bidder alter, change, or qualify any specification of the bid, Owner may automatically disqualify bidder. The undersigned hereby proposes and agrees to perform all work of whatever nature required, in strict accordance with the plans and specifications, for the sum shown and unit prices shown in the attached BID FORM / Bid Summary. PAGE P - 2 OF BID #4665 BID FORM ITEM EST. PRICES TO BE WRITTEN IN WORDS TOTAL UNIT TOTAL NO. QTY UNIT ITEM DESCRIPTION PRICE PRICE 1 1 LS MOBILIZATION, DEMOBILIZATION, BONDS, ,~~~v $f;D at) $ / AND INSURANCE (see specification Section 01271 for further description) FTri7 %IY,,✓,,f DOLLARS AND mot) CENTS < 7 2 1 LS RAW WATER PUMP STATION as shown and $ $ specified exclusive of work in other bid items (see ecification Section 01271 for further description) r.- /A)_/fP 2 r~rlc ~Z ~r✓ 171oc, j`-7-1 DOLLARS AND ^0 CENTS 3 1 LS RAPID MIX as shown and specified exclusive of work $~156vJ in other bid items (see specification Section 01271 for further description) 7h7 7a I~~/ t-12 DOLLARS AND ~c CENTS 4 1 LS MODIFICATIONS TO FLOCCULATION AND $~S~yUJ $J SEDIMENTATION BASINS as shown and specified exclusive of work in other bid items (see specification Section 01271 for further desc~gtion) 17V- c'c7 i7~y yam/ LA7-1 DOLLARS AND v~ CENTS 5 1 LS OZONE FACILITIES AND LOW LIFT PUMP STATION as shown and specified exclusive of work in other bid items (see specification Section 01271 for further description) f~ G'LIILLtrl~ J E✓C~I '~fUL~9~t'~~ 7n2r2c,/ i /v DOLLARS AND ev. CENTS 6a I LS OSS SUPPLIED SETTLED WATER OZONE FEED $ 2.980.000.00 $2.980,000.00 AND DESTRUCT SYSTEMS as shown and specified exclusive of work in other bid items (see specification Section 01271 for further description) Two million nine hundred eighty thousan d DOLLARS AND No CENTS 00 6b 1 LS OSS PRICE ADJUSTMENT (STEEL INDE)Q as 7o ow oit~ $ V $ -ic) shown and specified exclusive of work in other bid items (see specification Section 01271 for further description and reference Volume III OSS "Price Escalad Terms Form" - indicate whether price increase _yor reduction-; check one) ttg~CXL DOLLARS AND CENTS PAGE P - 3 OF BID #4665 ITEM EST. PRICES TO BE WRITTEN IN WORDS TOTAL UNIT TOTAL NO. QTY iJ1~TIT ITEM DESCRIPTION PRICE PRICE 7 1 LS BLOWER BUILDING, NON-CHLORAMINATED $ ~G~~~'~ $ G06! BACKWASH PUM PSTATION AND STORAGE TANK, AND MODIFICATIONS TO FILTERS as shown and specified exclusive of work in other bid items (see specification Section 01271 for further description) SX ~i4Le✓✓ i 3Ta LS ray DOLLARS AND .n,LZ CENTS 8 1 LS FILTER UNDERDRAINS as shown and specified $671.800.00 $671.800.00 exclusive of work in other bid items (see specification Section 01271 for further description) Six hundred seventy-one thousand eieht hundred DOLLARS AND No CENTS 9 1 LS CHEMICAL SYSTEMS as shown and specified' $ $,c~vJ exclusive of work in other bid items (see specification Section 01271 for further description) fJ.~I7c~~ 2/7 J,ft~DOLLARS AND CENTS 10 1 LS CIVIL, SITEWORK as shown and specified exclusive $ 7 4 of work in other bid items (see specification Section 01271 for further description) ///1r`~ cRufi~ DOLLARS AND ~c-) CENTS 11 1 LS INSTRUMENTATION AND CONTROLS as shown $392.200.00 $392,200.00 and specified exclusive of work in other bid items (see specification Section 01271 for fiuther description) Three hundred ninety-two thousand two hundred DOLLARS AND No CENTS 12 1 LS TRENCH PROTECTIVE SYSTEMS as shown and $ Z~a,2 $ _2y-by specified exclusive of work in other bid items (see specification Section 01271 for further description) 1 ~ DOLLARS AND > ir+ 1tv-k1E-:: ,2f) CENTS UNIT PRICE ITEMS 13 400 LF EXPANSION JOINT LEAK REPAIRS as shown and $ aDJ specified exclusive of work in other bid items (see specification Section 01271 for further description) DOLLARS AND .rrd CENTS PAGE P - 4 OF BID #4665 ITEM EST. PRICES TO BE WRITTEN IN WORDS TOTAL UNIT TOTAL NO. QTY iJ1~T ITEM DESCRIPTION PRICE PRICE 14 4500 CF SPRAY-APPLIED CONCRETE REPAIR MORTARS as shown and specified exclusive of work in other bid items (see specification Section 01271 for further description) f!/j ✓~r1 DOLLARS AND n?J CENTS $ -q j l J 15 1160 CF HAND-APPLIED CONCRETE REPAIR MORTARS AS shown and specified exclusive of work in other bid items (see specification Section 01271 for further description) GNL%r ~ : v) DOLLARS AND ,lt. CENTS 16 260 CF HAND-APPLIED CONCRETE REPAIR MORTARS $ AT OZONATED WATER CHANNEL as shown and specified exclusive of work in other bid items (see specification Section 01271 for further description) i/u• ~2~ DOLLARS AND w CENTS 17 4000 LF PRESSURE INJECTED POLYURETHANE GROUT as shown and specified exclusive of work in other bid items (see specification Section 01271 for further description) DOLLARS AND ,w CENTS NNEL $ z Q X~tC) $ 18 as 3700 SF COATING OZONATED WATER CHA : _ shown and specified exclusive of work in other bid items (see specification Section 01271 for further description) DOLLARS AND /yti CENTS 19 1000 LF CLEAN AND COAT EXPOSED REINFORCING $ $ ~v STEEL as shown and specified exclusive of work in other bid items (see specification Section 01271 for scription) further d e DOLLARS AND CENTS ~SJ~1r7o rO 20 1 LS L~T yIIIVUTE ADD OR DEDUCT _5 (check one and indicate the Bid Items that the lump sum amount generally pertains to (for example - ~rct7 /f~•vIZt~J Item 1, 2,3) DOLLARS AND CENTS PAGE P - 5 OF BID #4665 ITEM EST. PRICES TO BE WRITTEN IN WORDS TOTAL UNIT TOTAL NO. QTY UNIT ITEM DESCRIPTION PRICE PRICE TOTAL BASE BID (ALSO ENTER $k ,/rte Sa : S~ VALUE ON PAGE P-S) st t2z,7 : s ~7kT7;A..-I Lt4 DOLLARS AND o CENTS ALTERNATES: Additive bid alternates are as follows (Note - the alternate letter designation does not indicate priority - refer to Basis of Bid Evaluation and Award for prioritization); ALT. EST. PRICES TO BE WRITTEN IN WORDS TOTAL TOTAL QTY UNIT ITEM DESCRIPTION UNIT PRICE PRICE B 1 LS INSTALLATION OF GRANULAR ACTIVATED CARBON (GAC) MEDIA (in lieu of anthracite media; see specification Section 01230 for further description) i!o a ~ ~L~i~r1 ii11),Z DOLLARS AND _W CENTS A 1 LS RAW WATER PUMP STATION ELECTRICAL $ J_ IMPROVEMENTS (see specification Section 01230 for further description) !t3/ 7241164MDOLLARS AND CENTS C 1 LS WASHWATER EQUALIZATION BASIN (see $ ~SU-)O $ e?,S-edo specification Section 01230 for further description) r/!c~j7rc%i/b.U DOLLARS AND 1~o CENTS E 1 LS OPERATIONS BUILDING IMPROVEMENTS (see $ ?55006 $ 3J~,2 specification Section 01230 for further description) j /,G1c.6.tybOLLARS AND CENTS D 1 LS REPLACEMENT OF ONE FERRIC SULFATE AND $ 1,7, 610() $ 60 0 TWO CAUSTIC BULK STORAGE TANKS (see specification Section 01230 for further description) ~ i/r~C1c7,,~Z17 sc ZJ: /u~ ~IDOLLARS AND .w CENTS G 1 LS REPLACEMENT OF OUTLET VALVES FROM $ $ IOW CLEARWELLS NO. 1, 2 AND 3 (see specification Section 01230 for further description) DOLLARS AND CENTS PAGE P - 6 OF BID #4665 PRICES TO BE WRITTEN IN WORDS ALT. EST. TOTAL TOTAL UNIT QTY ITEM DESCRIPTION UNIT PRICE PRICE H 1 LS REPLACEMENT OF FILTER COMPLEX WINDOWS AU-tO AND DOORS (see specification Section 01230 for further description) -/;W" -^7 DOLLARS AND f0 CENTS F 1 LS INSTALLATION OF CIRCULAR SLUDGE $ ~G-oa) $ 1,-00c) COLLECTORS IN THE SECOND ZONE OF THE SEDIMENTATION BASINS (see specification Section 01230 for further description) f~~jficL,JcJ SIX :rvV~ J~ ~GU~Y rl 7fz~uS' DOLLARS AND A6 CENTS OWNER SELECTED ALTERNATES: The Owner Selected Alternates listed below may be selected by the Owner once the construction begins. These alternates in conjunction with the base bid, additive alternates, and the City of Denton's available funds for the project will be considered in determination of the Low Bidder." ALT. EST. UNIT PRICES TO BE WRITTEN IN WORDS TOTAL TOTAL QTY ITEM DESCRIPTION UNIT PRICE PRICE A 1 LS CONTINGENCY ALLOWANCE for unanticipated $580.000.00 $580.000.00 Work required at the OWNER'S direction only (see specification Section 01271 for further description). Five hundred m0ity thousand DOLLARS AND No CENTS BASIS OF BID EVALUATION AND AWARD: The bid evaluation and award shall be based on the following with consideration of qualifications to perform the Work: 1) Total Base Bid. 2) Total Base Bid with Additive Alternate B. 3) Total Base Bid with Additive Alternates B and A. 4) Total Base Bid with Additive Alternates B, A, and C. 5) Total Base Bid with Additive Alternates B, A, C, and E. 6) Total Base Bid with Additive Alternates B, A, C, E, and D. 7) Total Base Bid with Additive Alternates B, A, C, E, D, and G. 8) Total Base Bid with Additive Alternates B, A, C, E, D, G and H. 9) Total Base Bid with Additive Alternates B, A, C, E, D, G, H and F. "The Base Bids and Additive Alternates will be accepted by the City of Denton in the order indicated above. The Owner Selected Alternate (Contingency Allowance) in conjunction with the Base Bid, additive alternates, and the City of Denton's available funds for the project, will be considered in determination of the Low Bidder. The total amount available for this project will be announced just prior to the opening of the Bids, but after the time for submittal for the Bids." PAGE P - 7 OF BID #4665 BID SUMMARY TOTAL PRICE IN WORDS: f~f~SS' ~7~i/~ ~7~rr-Li o>✓ sY~~/~ l-,`r~~//,I~t~ T~~/civr7 /~'o In the event of the award of a contract to the undersigned, the undersigned will furnish a performance bond and a payment bond for the full amount of the contract, to secure proper compliance with the terms and provisions of the contract, to insure and guarantee the work until final completion and acceptance, and to guarantee payment for all lawful claims for labor performed and materials furnished in the fulfillment of the contract. It is understood that the work proposed to be done shall be accepted, when fully completed and finished in accordance with the plans and specifications, to the satisfaction of the Engineer. The undersigned certifies that the bid prices contained in this proposal have been carefully checked and are submitted as correct and final. Unit and lump sum prices as shown for each item listed in this proposal, shall control over extensions. The undersigned agrees this bid becomes the property of the City of Denton after the official opening. The undersigned affirms that they are duly authorized to execute this contract. Vendor hereby assigns to purchaser any and all claims for overcharges associated with this contract which arise under the antitrust laws of the United States, 15 USCA Section 1 et se and which arise under the antitrust laws of the State of Texas, Tex. Bus. & Com. Code, Section 15.01, et se q. PAGE P - 8 OF BID #4665 Receipt is hereby acknowledged of the following addenda to the plans and specifications: Addendum No. 1 dated 3-10 - 11 Received 3 - I -1 1 Addendum No. 2 dated --21 -1-1 - 1 I Received Addendum No. 3 dated Received Addendum No. 4 dated Received Addendum No. 5 dated Received "BAR o n r u c,~0 ~'s , .ice CONTRACTOR BY 4::~ s ► cQ ~o r rr~ ~~c~e des a a to g O S Street Address a - City and State Seal & Authorization n o (If a Corporation) ~"I - -7 r 3O~ o Telephone PAGE P - 9 OF BID #4665 SCHEDULE OF MANUFACTURERS / SUPPLIERS The Contract Documents are based upon the equipment available from the manufacturers / suppliers as named in the technical specifications. CONTRACTOR shall refer to and note requirements regarding `or equal' submittals and substitutions in the Division 1 specifications. CONTRACTOR shall provide one of the named manufacturers in the specifications for the major equipment items in the table below. The OWNER requests, and the Bidder shall submit, the information required in the table below no later than 4 pm Friday, March 25, 2011 . Bidder shall list manufacturers / suppliers to be used in constructing the project. Changes in the selected manufacturers / suppliers listed will not be allowed without written notification of the reason for the change(s) and approval by OWNER and ENGINEER. Listing substitutions that have not been approved by ENGINEER as stipulated in Section 01630 will not entitle CONTRACTOR any change in bid price when asked to use specified products. SPECIFICATION NO. EQUIPMENT MANUFACTURER / SUPPLIER 11018 Diaphragm Chemical Metering Pumps YO M'~ Y1t n -F ( Z 11110 Vertical Lineshaft Pumps p, L r Ca 11111 Vertical Propeller Pumps 6L „e h an elC 5S 11115 End Suction Pumps Dry Pit Ai V- A n k S Dot S0. 11287 Stainless Steel Slide Gates o iA. ~'W C 11310 Vertical Axial Flow Turbine Flocculation Equipment L' n„n au r'~-wt ll 11311 Rapid Mixing Equipment l .i k+n',at 11351 Sedimentation Basin Sludge Collectors, Circular Scraper T e W CS ~ab New e 11420 Peristaltic Tube Metering Pumps L,),-v5."\ A'\a'([ 0 VJ rG Z Volume 11111500 Ozone System Ozonia North America 11612 Rotary Positive Displacement Blowers 13201 Fiberglass Reinforced Plastic Tanks C o 13203 Nigh Density Polyethylene Storage Tanks 13211 Welded Steel Elevated Water Storage Tank Q B 13220 Filter Underdrain Equipment AWI Phoenix 13221 Filter Media - Anthracite L-C0 01 d Ti C 13221.1 Filter Media - GAC C a L v n wa.-I r r r c t, 13401 I&C SSI e Controls 16272 Secondary Unit Substations tq&5 WP EC 16348 Medium-Voltage Motor Starters s It me n5 16423 Motor Control Centers Si C m e n F Ekrfrir- 16425 Variable Frequency Drives $ I t rn ei s, W F (ec;fyr G 16440 Switchboards S;( e t!1 S W £fe--trIL PAGE P - 10 OF BID #4665 VENDOR COMPLIANCE TO STATE LAW The 1985 Session of the Texas Legislature passed House Bill 620 relative to the award of contracts to non-resident bidders. This law provides that, in order to be awarded a contract as low bidder, non-resident bidders (out-of-state contractors whose corporate offices or principal place of business are outside of the State of Texas) bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a non-resident bidder in order to obtain a comparable contract in the state in which the non-resident's principal place of business is located. The appropriate blanks in Section A below must be filled out by all out-of-state or non-resident bidders in order for your bid to meet specifications. The failure of out-of-state or non-resident contractors to do so will automatically disqualify that bidder. Resident bidders must check the blank in Section B. A. Non-resident bidders in (give state), our principal place of business, are required to be percent lower than resident bidders by state law. A copy of the statute is attached. Non-resident bidders in (give state), our principal place of business, are not required to underbid resident bidders. / B. Our principal place of business or corporate offices are in the State of Texas: i/ BIDDER: City and State THIS FORM MUST BE RETURNED WITH YOUR BID. cow BY 'f !-S I cPrb P O es k lc7 g06 Street Address La n cct s r , I -X 7SI 4 PAGE P - 11 OF BID #4665 Vendors That Meet or Exceed Air Quality Standards Sec. 271.907. VENDORS THAT MEET OR EXCEED AIR QUALITY STANDARDS. (a) In this section, "governmental agency" has the meaning assigned by Section 271.003. (b) This section applies only to a contract to be performed, wholly or partly, in a nonattainment area or in an affected county, as those terms are defined by Section 386.001, Health and Safety Code. (c) A governmental agency procuring goods or services may: (1) give preference to goods or-services of a vendor that demonstrates that the vendor meets or exceeds any state or federal environmental standards, including voluntary standards, relating to air quality; or (1) require that a vendor demonstrate that the vendor meets or exceeds any state or federal environmental standards, including voluntary standards, relating to air quality. (d) The preference may be given only if the cost to the governmental agency for the goods or services would not exceed 105 percent of the cost of the goods or services provided by a vendor who does not meet the standards. PAGE P - 12 OF BID #4665 CONTRACTOR COMPLIANCE TO TEXAS SALES TAX CODE Comply with all requirements of the Texas Sales Tax Code. The Contractor hereby certifies that the Contract Amount is divided as follows: Materials incorporated into the Project (resold to the Owner as defined in Tax Code) All other charges and costs Total The total must equal the total amount of the Contract. CONTRACTOR: 1~ K Co ►~5 +r" c 4-o r 5 ( n . COMPANY BY - $ m, (AD, tpuo.Sa $ I2, ~51~ 33~i 5b $ 32 , ~~2, Qo 0 ~i~4~e1 plrra~b;d~ I~icc Pres -Pa 60 )e to Street Address LO-Amr-4'r-or -Fey" W14(0 City and State THIS FORM SHALL BE EXECUTED AT THE TIME OF EXECUTION OF THE CONTRACT AND SHALL BE MADE A PART OF THE CONTRACT. PAGE P - 13 OF BID #4665 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 environmental 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, 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. 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. PAGE SQ - 1 OF BID #4665 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. A H a ch ry, ern+ A 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. YES NO--X-- 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. PAGE SQ - 2 OF BID #4665 ACKNOWLEDGEMENT THE STATE OF TEXAS COUNTY OF DENTON I certify that I have made 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 permission, and that any misrepresentations or omissions may cause my bid to be rejected. A ignature d en i- Title PAGE SQ - 3 OF BID #4665 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 who has a business relationship as defined by Section 176.001(1-a) with a local governmental 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 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 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 enti A t- J l P e-o ice I c~ro rrcmb e' Jr., re~ '?A Q 00 Y1 54r Lk Cfo P!s J - na . 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. Nom 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? r 0 Yes No NIA 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? Yes = No N //A 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 No 'v 0 Y es D. Describe each affiliation or business relationship. NIA 4 governmental entity Date Si nature of person doing business with Adopted 06/29/2007 PAGE CIQ - I OF BID #4665 ® DATE(MM/DD/YYYY) ,acaizo CERTIFICATE OF LIABILITY INSURANCE 6 3 2011 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). CON PRODUCER NAME CT qt-,,;(,.v Rrimpr cQueary Henry Bowles Troy, L.L.P. 144 Walnut Hill Lane, 16th Floor allas TX 75231 I INSURER(S) AFFORDING COVERAGE I NAIC # INSURER A : INSURED / INSURER B : BAR Constructors Inc INSURER C: PO BOX 10 INSURER D : Lancaster TX 75146-0010 INSURER E i+.-.vrn n n~~ r•coTIQIe'ATC All IMRFR- , 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 NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS INDICATED . 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 OFINSU INSURANCE DDL INSR SUBR WVD POLICY .NUMBER POLICY EFF MMIDD/YYYY POLICY EXP MM/DD/YYYY LIMITS B GENERAL LIABILITY 0149314951 /12/2011 /12/2012 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES Ea occcurrrence $300,000 CLAIMS MADE FTIOCCUR MED EXP (Any one person) $5,000 - PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 EGATE LIMIT APPLIES PER: ' PRODUCTS - COMP/OP AGG $2,000,000 GEN L AGGR POLICY X PRO- LOC $ C AUTOMOBILE LIABILITY BA1452N03A /12/2011 /12/2012 Ea accident M $1, 000, 000 X ANY AUTO V BODILY INJURY (Per person) $ ALL OWNED CHEDULED BODILY INJURY (Per accident) $ AUTOS UTOS ON-OWNED PROPERTY DAMAGE $ X 4 Per accident HIRED AUTOS AUTOS $ A X UMBRELLA LIAR X OCCUR QK09102356 /12/2011 /12/2012 EACH OCCURRENCE $10,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $10,000,000 DED X RETENTION $10, 000 $ D WORKERS COMPENSATION 1494N855 /12/2011 /12/2012 TpRYLATU- OTH- AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y E.L. EACH ACCIDENT $1,00o,000 F, I NIA OFFICER/MEMBER EXCLUDED? tor in NH) M d E.L. DISEASE - EA EMPLOYEE $1,000,000 ( an a y If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $:L,000,000 B Builders Risk - Master T6605370B365 t/ 6/18/2010 /1 /201 $ 45,000,000 Limit~ilders Risk B Equipment Floater - T6607458B358 6/18/2010 1 2011 See Equipment Next Page $5,000 Equip Deductible DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space Is required) Blanket Additional Insured is provided for General Liability policy per Form CGD246 08/05), CGD316 (07/04)` Blanket Additional Insured is provided for Automobile-policy per Form CAT353 06/09) CG 16 07/04) F i il orm cy per ity pol Blanket Waiver ofSubrogation is provided for General Liab Blanket Waiver of_S rogation is provided for Automobile policy per Form CAT353 06/09) WC420304A-001 F i orm cy per Blanket Waiver of S>>broga-ion is provided for 7orkers' Compensation pol See Attached... GERTIFIGA I t HULUtK City of Denton 901-B Texas Street Denton TX 76209 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ll 1.700-4 V V nvvw vv... v..r...v... ......y........... ACORD 26 (2010105) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: LOC ADDITIONAL REMARKS SCHEDULE Page 1 of 1 ~r AGENCY McQueary Henry Bowles Troy, L.L.P. NAMED INSURED BAR Constructors Inc PO Box 10 POLICY NUMBER Lancaster TX 75146-0010 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE anket Waiver of Subrogation is provided for Builders Risk policy per Form CMT804~ imary & Non-Contributory is provided for General Liability policy per Form #CGD246 edition 08/05` an e oss avee is provided for Inland Marine/Equipment Floater per Form CMT560 edition O1/10~ Certificate Holder is named as an Additional Insured per the above forms on the General Liability and Business Automobile policies of insured with Primary and Non Contributory status per the above General Liability form and Waiver of Subrogation per the above forms on the General Liability, Business Automobile, Workers Compensation and Builders Risk policies of insured, but only to the extent that the limits and forms are required to satisfy the terms of a written contract. Certificate holder is included as loss payee regarding the Inland Marine/Equipment Floater policy, but only to the extent that the limits and forms are required to satisfy the terms of a written contract ilders Risk Coverage ilders Risk limit applies per project ilders Risk Deductibles: $25,000 Basic Deductible, $100,000 Earthquake Deductible, $100,000 Flood ductible, $25,000 Windstorm Deductible quipment Coverage: quipment Floater Deductibles: $5,000, except 50 of crane value subject to a $15,000 minimum. 800,000 Leased/Rented Equipment limit applies Per Item. e: Bid #4665 - Lake Lewisville Water Treatment Plant Upgrade in the amount of $32,142,000 ACORD 101 (2008/01) v cwo si~,~rcu ~,vrcr vrcni ivi.. .+y~a The ACORD name and logo are registered marks of ACORD ' DATE (MM/DDIYYYY) F61312011 ACORN CERTIFICATE OF LIABILITY INSURANCE 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 NCONTACT AME: Stacy Brimer McQueary Henry Bowles Troy, L . L . P . PHONE FAX CNo Ext:9727701689 A/CNo: 108 8144 Walnut Hill Lane, 16th Floor E-MAIL Dallas TX 75231 ADDRESS: ac _ r mh t . om INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : INSURED INSURER B : BAR Constructors Inc INSURERC: PO BOX 10 bl~`1 INSURER D : Lancaster TX 75146-0010 INSURER E d1r%1 I CO A fl-Ca - rooTICIC ATt= KII IMRI=R• , 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 INSURANCE ADD INSR SUBR WVD POLICY NUMBER POLICY EFF MM/DDIYYW POLICY EXP MM/DD/YYYY LIMITS B GENERAL LIABILITY C01493N951 /12/2011 /12/2012 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES Ea occurrence $300,000 CLAIMS-MADE OCCUR MED EXP (Any one person) $5,000 PERSONAL&ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $2,000,000 POLICY X PRO- LOG $ C AUTOMOBILE LIABILITY BA1452N03A /12/2011 /12/2012 M T Ea accident $1,000,000 X ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED AUTOS BODILY INJURY (Per accident) $ AUTOS NON-OWNED PROPERTY DAMAGE $ X HIRED AUTOS X Per accident AUTOS A X UMBRELLA LIAB X OCCUR QK09102356 /12/2011 /12/2012 EACH OCCURRENCE $10,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $10,000,000 DED X RETENTION $10,000 $ D WORKERS COMPENSATION 1494NB55 /12/2011 /12/2012 TH- X TORYLITIU OER AND EMPLOYERS' LIABILITY Y/ N ANY PROPRIETOR/PARTNERIEXECUTIVE E.L. EACH ACCIDENT $1,000,000 OFFICERIMEMBER EXCLUDED? N❑ (Mandatory in NH) NIA E.L. DISEASE - EA EMPLOYEE $1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $1, 00, 000 B Builders Risk - Master T660537OB365 6/18/2011 18 $ 45,000,000 Limit Builders Risk B Equipment Floater T660745BB358 6/18/2011 18/2012 See Equipment Next Page DESCRIPTION OF OPERATIONS I LOCATIONS/ VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space Is required) Blanket Additional Insured is provided for General Liability policy per Form CGD246 (08/05), CGD316 (07/04) Blanket Additional Insured is provided for Automobile policy per Form CAT353 (06/09) Blanket Waiver of Subrogation is provided for General Liability policy per Form CGD316 (07/04) Blanket Waiver of Subrogation is provided for Automobile policy per Form CAT353 (06/09) Blanket Waiver of Subrogation is provided for Workers' Compensation policy per Form WC420304A-001 See Attached... CERTIFICATE HOLDER gWAIYl'CLLN I IVIY City of Denton ✓ 901-B Texas Street Denton TX 76209 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE V IV00-1V IV /iNVRN VVRr%.IF% IvI~. III IIyIIw Icacv`a... ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: LOC ' R 4- ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY McQueary Henry Bowles Troy, L.L.P. NAMED INSURED BAR Constructors Inc PO Box 10 POLICY NUMBER Lancaster TX 75146-0010 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE lanket Waiver of Subroaation is provided for Builders Risk policy per Form CMT803L--~ rimary & Non-Contributory is provided for General Liability policy per Form #CGD246 edition 08/05 lanket Loss Payee is provided for Inland Marine/Equipment Floater per Form CMT560 edition 01/10- ertificate Holder is named as an Additional Insured per the above forms on the General Liability and usiness Automobile policies of insured with Primary and Non Contributory status per the above General iability form and Waiver of Subrogation per the above forms on the General Liability, Business utomobile, Workers Compensation and Builders Risk policies of insured, but only to the extent that the imits and forms are required to satisfy the terms of a written contract. Certificate holder is included s loss payee regarding the Inland Marine/Equipment Floater policy, but only to the extent that the limits nd forms are required to satisfy the terms of a written contract.&-- ilders Risk Coverage!/ ilders Risk limit applies per project ilders Risk Deductibles: $25,000 Basic Deductible, $100,000 Earthquake Deductible, $100,000 Flood ductible, $25,000 Windstorm Deductible quipment Coverage: quipment Floater Deductibles: $5,000, except 5% of crane value subject to a $15,000 minimum. 800,000 Leased/Rented Equipment limit applies Per Item. aluation: Legal Liability up to Replacement Cost applies to Leased/Rented Equipment. Bid #4665 - Lake Lewisville Water Treatment Plant Upgrade in the amount of $32,142,000 ACORD 101 (2008101) V ZOUt$ AGUKU GUKVUKAIJUN. All rJgnis reserves. The ACORD name and logo are registered marks of ACORD