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2008-252FILE REFERENCE FORM 2008-252 X Additional File Exists Additional File Contains Records Not Public, According to the Public Records Act Other FILES Date Initials Change Orders One and Two - Ordinance No. 2009-030 02/03/09 JR ORDINANCE NO. CONSIDER ADOPTION OF AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF THE 138KV TRANSMISSION LINES FOR DENTON MUNICIPAL ELECTRIC; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 4152-138KV TRANSMISSION LINE CONSTRUCTION 2009 FOR DENTON MUNICIPAL ELECTRIC AWARDED TO THE LOWEST RESPONSIBLE BIDDER MEETING SPECIFICATION, CHAIN ELECTRIC COMPANY IN THE AMOUNT OF $3,629,189.25). WHEREAS, the City has solicited, received and tabulated competitive bids for the construction of public works or improvements in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or improvements described in the bid invitation, bid proposals and plans and specifications therein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. 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 4152 Chain Electric Company $3,629,189.25 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. PASSED AND APPROVED this the day of 6G(' , D~ ,2008. MARK A. BURROU N~AYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: A DX ~JA ~L2 APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY 4-ORD id 4152 1 CONTRACT AGREEMENT STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT, made and entered into this 21 day of October A.D., 2008, 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 Chain Electric Company PO Box 2058 Hattiesburg. MS 39403-2058 of the City of Hattiesburg, County of Forrest and State of Mississippi , 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 4152 138kV Transmission Line Construction 2009 in the amount of $3.629.189.25 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: Denton Municipal Electric 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 I 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. A EST: j City of Denton OWN BY: f (SEAL) ATTEST: t CONTRACT Po ~es~~►~~ ~Y1~ 3~~f03 MAILING ADDRESS (La) 59s-3&60 PHONE NUMBER APPROVED AS TO FORM: PifY ATTORNEY ((ova) 5V~Ll - 83ao FAX NUMBER BY: I~~Psid-e In t- TITLE ✓1 r. PRINTED NAME (SEAL) CA-4 PERFORMANCE BOND STATE OF TEXAS COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That Chain Electric Company hose address is PO Box 2058 Hattiesbur MS 39403-2058 hereinafter called Principal, and rc nsurance om any, roidn organized and existing under the laws of the State o _M; s s , r; and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, in the penal sum of Three Milli n Six Hundred Twenty Nine Thousand One Hundred Eighty Nine and25/100 DOLLARS 3 629 189.25 us ten percent of the stated penal sum as an additional sum of money representing additional court expenses, attorneys' fees, and liquidated damages arising out of or connected with the below identified Contract, in lawful money of the United States, to be paid in Denton County, Texas, for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement, which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement, which reduces the Contract price, decrease the penal sum of this Bond. THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain Contract, identified by Ordinance Number 2008-252 with the City of Denton, the Owner, dated the 21 day of October A.D. 2008 or Bid 44152 138kV Transmission Line Construction 2009. 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. Ste 511 , 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 the21 st day of October , 2008 ATTEST: BY: o S RE ARY PRINCIPAL Chain Electric C pan BY: PRESIDENT ATTEST: Y: llison Fairly SURETY Arch Insurance BY: Or 01 fiJ~~~.uJ ATTORNEY T I. Michael Butler Mike Butler Construction The Resident Agent of the Surety in Denton County, Texas fo r delivery of notice and service of Bonding the process is: P.O. Box 14034, Jackson, MS 39236 NAME: C T Corporation System (601) 936-9230 STREETADDRESS: 350 North St. Paul Street, Dallas, TX 75201 (NOTE.- Date of Performance Bond must be date of Contract. If Resident Agent is not a corporation, give a person's name) PB -2 Ol)~df PAYMENT BOND STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That Chain Electric Com an whose address is PO Box 2058 Hat" b S 3 403-205 her 'fter called Principal,' and Arc Insurance pa al!:11 J; !~.a co ora i 'orgaruzeanfl existing under the laws of the State of Missouri , and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, and unto all persons, firms, and corporations who may furnish materials for, or perform labor upon, the building or improvements hereinafter referred to, in the penal sum of Three Million Six Hundred Twenty Nine Thousand One Hundred Eiehty line and 25/100DOLLAR $3 lawful money of the United States, to be paid in Denton, County, Texas, for the which sum well and truly to be made, we hereby bind ourselves, our heirs, payment of 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 2008-252 with the City of Denton, the Owner, dated the 21 day of October A.D. 2008,L.-'for Bid #4152 Transmission Line Construction 2009. 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 four copies, each one of which shall be deemed an original, this the 21 st day of October 20081/ ATTEST: BY: SE TA Y PRINCIPAL Chain Electric Com an BY: P SIDENT ATTEST: SURETY Arch Insurance Co an BY: Allison Fairly BY: ATTORNEY- T I. Michael Butler Mike Butler struction The Resident Agent of the Surety in Denton County, Texas for delivery of not en and service of Bonding the process is: P.O. Box 14034, Jackson, MS 39236 NAME: C T Corporation System (601) 936-9230 STREETADDRESS: 350 North St. Paul Str e Dallas TX 75201 (NOTE: Date of Payment Bond must be date of Contract. If Resident Agent is not a corporation, give a person's name.) PB-4 0`0 .0,14 POWER OF ATTORNEY Know All Men By These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal office in Kansas City, Missouri (hereinafter referred to as the "Company") does hereby appoint Ira Michael Butler-efliackson, MS - its true and IawNI AttorKey(syin-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings t/ EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. The Company may revoke this appointment at any time. The execution of such bonds and undertakings in pursuance of these " presen'ts':shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Kansas City, Missouri. This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being In full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attomeys-in-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of Indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on March 3, 2003: VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing 'and flied with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. OOML0013 00 03 03 Page 1 of 2 Printed In U.S.A. In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers, this 1st day of May , 20 08 Arch Insurance Company Attested and Certified e"ce Co SFAt 1971 11ss°Od Martin J. Nils , Secretary STATE OF PENNSYLVANIA SS COUNTY OF PHILADELPHIA SS I, Brian C. Kuhn, a Notary Public, do hereby certify that Martin J. Nilsen and J. Michael Pete personally known to.me to be the same persons whose names are respectively as Secretary and Vice President of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth. tX)bAfQNWF11l,tH oP PENNMVAMA NOTARIAL SEAL Brian Kuhn, Notary Public Brian No Public City of Phit iladelphia, l~bilade}pbia Coumy M C. Kuhn, Y commission expires 12-W2011 ir CERTIFICATION M commission expires Daember 06, 2011 1, Martin J. Nilsen, Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated May 1, 2008 on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said J. Michael Pete, who executed the Power of Attorney as Vice President, was on the date-of execution of the attached Power of Attorney the duly elected Vice President of the Arch-Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name ~nd affixed the corpor s I of the Arch-Insurance Company on this 21st day of October , 2008 J Martin J. N' en, Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS: Arch Surety 3 Parkway, Ste. 1500 Philadelphia, PA 19102 oa oow U ` 66LL a 1971 OOMLOO13 00 03 03 Page 2 of 2 Printed in U.S.A. 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 life 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. CI-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 $1,000,000.00shall 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 5500,000.00 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. Cl - 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; Cl - 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. 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. Cl - 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 F1 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? Yes EJ No 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 EJ 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 Y o es D. Describe each affiliation or business relationship. 4 (~I II~O Signature of person doing bus ss with the governmental entity Date Adopted 06/29/2007 CIQ - I BID PROPOSAL 138kV Transmission Line Construction - 2009 City of Denton Bid Number: 4152 The undersigned agrees this bid becomes the property of the City of Denton after the official opening. The undersigned affirms he has familiarized himself with the specifications, drawings and other documents; the local conditions under which the work is to be performed; satisfied himself of the conditions of delivery, handling and storage of equipment; and all other matters that will be required for the work before submitting a bid. In submitting a bid the undersigned further understands that the work required is to provide a complete substation installation that functions as described in the specification. The undersigned understands that all requirements of the construction may not be described in every detail and agrees to provide labor, tools, material and equipment necessary to complete all construction necessary to make the station functional as described in the specification and drawings for the pricing on Page 2. The undersigned agrees, if this bid is accepted, to furnish any and all items/services upon which prices are offered, at the prices and upon the terms and conditions contained in the specification. The period for acceptance of this Bid Proposal will be fifty (50) calendar days unless a different period is noted by the bidder. The undersigned affirms that they are duly authorized to execute this contract, that this bid has not been prepared in collusion with any other Bidder, nor any employee of the City of Denton, and that the contents of this bid have not been communicated to any other bidder or to any employee of the City of Denton prior to the official opening of this bid. 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 seq., and which arise under the antitrust laws of the State of Texas, Tex. Bus. & Com. Code, Section 15.0 1, et seq. The undersigned affirms that they have read and do understand the specifications and any attachments contained in this bid package. NAME AND ADDRESS OF COMPANY: Chain E ec b: c- CbTP.E1y P.O. BoK 2058 Hatbegmrg, NB 39403-2058 AUTHOI;U 4ty REPRES)~NTATWi~" Signature L- 4 Date 1 ol X08 Name Jd-n W. Chain Title E*o-tive-Vioe P~r~ Tel. No. (601) 545-3800 Fax No. (601) 545-3800 Email COMPANY IS: Business included in a Corporate Income Tax Return? AYES NO X Corporation organized & existing under the laws of the State of Mqssi~ Partnership consisting of Individual trading as _ Principal offices are in the city of 1 NB Bidder CMin MBJM r: G:1~ 1 of 14 Initials BID PROPOSAL 138kV Transmission Line Construction - 2009 City of Denton Bid Number: 4152 Bidder Chain Elecb::Lc OMPWlY Proiect can be completed by the required completion date as listed Line - Description Proiect Price within the specification? If No, then explain on se crate aces. 1 Project 14 $ 980,922.75 Yes or No 2 Project 15 93303.00 Yes T No 3 Project 16 $ 899,129.35 Ye or No 4 Project 17 $ 1,312,305.65 Yes or N'o 5 Project 18 $ 343,528.50 G' 6r No *Total Bid Price for all Projects $ 3,629,189.25 *Bid will be awarded based on the Total Bid Price for all Projects. *In case of calculation error in the total, individual line pricing shall prevail. In accordance with the Evaluation and Award Section of the specification, the award of the contract, if any, will be based on the total package price and on whether the Contractor can meet the required construction completion deadline. Are there any exceptions to the specifications? Yes X No If there are exceptions to the specifications, explain all such exceptions (attach additional page if necessary). Bidder 0iln Ma::tzic Cirpwy 2 of 14 Initials 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 Date Received a 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. N/A 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 71° 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? E-1 N a Y es o 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 govemmental entity? Yes E-JNo C. Is the filer of this questionnaire employed by a corporation or other business entitywith respect to which the local government officer serves as an officer or director, or holds an ownership of 10 percent or more? . 0 Y E~ N es o D. Describe each affiliation or business relationship. 4 G -~-G ignature of p rson doi g business with the governmental Date entity Quin F`.I ecb7i c fly Bidder 3 of 14 Init SAFETY RECORD QUESTIONNAIRE (Must Be Submitted With Bid Proposal) 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 JNRCC) (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, susliension/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. Bidder Chain Electric Q ITP3V 4 of 14 InitV 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. YES NO 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 subnssion, 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. Chain Electric CMInriy Bidder 5 of 14 Initials 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. Signature Title Bidder Cmin ~c Omjpwy 6 of 14 Initials Bid #4152 - 138 kV Transmission Line Construction - 2009 Bid Proposal Form Worksheet Project #14 - Hickory Substation to US Highway 380 Bidder: Chain Electric Compan y St t Structure Fnd Name Fnd Construction Unit Costs I Total ruc ure Quantity I Name . /Type . Depth Pole T Fnd. Pole Top I Assembl ! Extended Price 3 85' TPS-138-14D EMB 11.5' S 6,500.001 S 3,600.00 S 30,300.00 8 90' TPS-138-14D EMB 12.0' $ 6,700.00 S 3,600.00 $ 82,400.00 1 95' TPS-138-14D EMB 12.5' $ 6,900.00 $ 3,600.00 $ 10,500.00 4 95' TUS-2A-14 EMB 12.5' S 6,900.00 I $ 3,900.00 S 43,200.00 1 100' TUS-2A-14 EMB 13.0' S 7,100.00 S 3,900.00 $ 11,000.00 1 65' TUS-5A-14-1 FDN-14-1 20.0' S 7,500.00 $ 14,879.00 S 4,300.00 $ 26,679.00 1 ! 80' TUS-5AA-14-2 FDN-14-2 24.0' $ 7,800.00 $ 17,922.00 $ 4,300.00 S 30,022.00 1 50' DC-C2X-14-3 EMB 8.0' S 6,100.00 $ 3,600.00 S 9,700.00 1 80' TUS-2A-14-4 FDN-144 17.0' $ 7,100.00 S 8,538.00 S 3,900.00 $ 19,538.00 1 85' TUS-5A-14-9 FDN-14-9 29.0' $ 7,800.00 $ 30,180.00 S 4,300.00 S 42,280.00 1 I 80' TUS-5A-14-10 FDN14-10 25.0' S 7,800.00 $ 26,038.00 S 4,300.00 $ 38,138.00 1 100' TPS-138-14-11 EMB 13.0' S 7,100.00 S 4,000.00 $ 11,100.00 1 i 85' TPS-138-14-15 EIMB 11.5' $ 7,100.00 $ .4,000.00 S 11,100.00 1 I 80' TPS-138-14-18 FDN14-18 18.0' $ 7,500.00 $ 11,075.00 $ 4,000.00 S 22,575.00 1 95' TUS-5AA-14-22 EMB 12.5' S 7,800.00 S 4,600.00 $ 12,400.00 1 105' TUS-SWT-14-23 FDN14-23 20.0' $ 43,000.00 $ 20,800.00 $ 8,000.00 S 71,800.00 1 80' TUS-5AA-14-24 FDN14-24 20.0' $ 7,500.00 S 14,880.00 $ 4,600.00 S 26,980.00 1 80' TUS-5AA-14-30 FDN14-30 25.0' S 7,500.00 $ 18,600.00 S 4,600.00 $ 30,700.00 Removal "I" Units 1 45' WOOD POLE I - - S 1,800.00 - - $ 1,800.00 2 75' WOOD POLE I S 2,200.00 - - $ 4,400.00 17 80' WOOD POLE $ 2,400.00 $ 40,800.00 13 85' WOOD POLE $ 2,400.00 - - S 31,200.00 2 I 90' WOOD POLE I S 2,600.00 $ 5,200.00 Misc. Assemblies Quantity Unit Assembly Name Unit Price Extd. Price 1 ea. TG-26D $ 150.00 I $ 150.00 3 ea. TM-4FF0 S 275.00. $ 825.00 21 ea. TM-107 $ 575.00 S 12,075.00 i 3 ea. TM-FOSUB S325.00 $ 975.00 1 ea. TM-FOSPLICE I S 1,500.00 S 1,500.00 9 ea. TM-2DD-14 $ - 550.00 S 4,950.00 5 ea. I TM-4F S 275.00 S 1,375.00 Page 7 of 14 (Project 14) Initia Bid #4152 - 138 kV Transmission Line Construction - 2009 Bid Proposal Form Worksheet Project #14 - Hickory Substation to US Highway 380 Bidder: Chain Electric Company Removal "I" Misc. Assemblies 29 ea. TP-69U $ 2,200.00 1 $ 63,800.00 1 2 ea. TS-'AAU S 2 800 00 , . „ 3 ca- TS-5AU S 2 800 00 , . 8,400.00 I C8 S 1 500 00 I , . S 1,500.00 2 ea' C2 IS 1,500.00 $ 3,000.00 _ 24 5 ea. I ea' TG-26D TA $ 475.00 S 425 I S 11,400.00 .00 I S 2,125.00 Conductor Quantity I Unit ~~rmu~~ctor=lvvne Unit P i ' r ce Extd. Price 926 ! 3/8" HSS ' S 1.75 $ 1,620.50 20,394 ft SUWANNEE (TRANS ;P' . ) S 4.25 S 86,674.50 7,3" ft OPGW 4 / I . 4 7 J697 $ 3.75 S 27,596.25 36 012' ft ARBUT , . US (DIST) $ i 17,039.00 6 002' ft MISTL ~I• I - , . ETOE (NEUT) $ 2.75 e 16,505.50 Total Project #14 Price Page 8 of 14 (Project 14) 980,922.75 Bid #4152 - 138 kV Transmission Line Construction - 2009 Bid Proposal Form Worksheet Project #15 - Hickory Substation to Locust Substation Bidder: Chain Electric Company S Name Fnd Fnd Const Unit Costs - Total Structure Quantity tructure Name . /Type . Depth Pole Fnd. 71 Pole Top Assembly Extended Price 1 70' TUS-5A-15-1 FDN-15-1 20.0' $ 6,500.00 $ 17,753.00 $ 3,830.00 S 28,083.00 1 80' TPS-138 15-2 EMB 11.0' S 5,800.00 $ 2,800.00 I $ 8,600.00 1 90' TPS-138-15-4 EMB f 13.0' S 5,800.00 I $ 2,800.00 S 8,600.00 1 90' TPS-138-15-5 EMB 15.0' $ 5,900.00 $ 2,800.00 S 8,700.00 1 85' TPS-138-15-6 EMB 11.5' S 5,800.00 $ 2,800.00 ( S 8,600.00 Removal "I" Units 1 35' WOOD STUB ( S 2,100.00 ( S 2,100.00 2 4 70' 75 WOOD WOOD $ 2,400.00 S 2,400.00 - - - $ 4,800.00 S 9,600.00 Misc. Assemblies Quantity Unit Assembly Name Unit Price Extd. Price 3 ea. TM-213-15 $ 350.00 S 1,050.00 2 ea. TM4F $ 375.00 S 750.00 4 ca. TM-107 $ 600.00 S 2,400.00 Removal "I" Misc. Assemblies I ea. TS-5A $ 225.00 I $ 225.00 2 ea. TP-69 S . 375.00 $ 750.00 3 ea. TP-69G S 250.00 $ 750.00 3 ea. 139-1 S 275.00 S 825.00 1 ea. C7A S. 400.00 S 400.00 7 ea. El-2 S 350.00 $ 2,450.00 3 ea. E2-2 $ 350.00 $ 1,050.00 2 ea. M5-9 S 250.00 S 500.00 3 ea. M26-5 $ 250.00 I $ 750.00 1 ea. G9-15 $ 275.00 $ 275.00 2 ca. J8 $ 350.00 $ 700.00 2 ca. J10 $ 350.00 S 700.00 1 ea. UC1 S 375.00 S 375.00 Conductor Quantity Unit Conductor Name Unit Price Extd. Price 180' ( ft. 3/8" HSS $ 1.50 S 270.00 Total Project #15 Price $ 93,30 00 Page 9 of 14 (Project 15) Initials Bid #4152 - 138 kV Transmission Line Construction - 2009 Bid Proposal Form Worksheet Project #16 - Hickory Substation to RD Wells Interchange Bidder: Chain Electric Company Const Unit Costs Total N cture I ame Fnd. Name /Type Fnd. Depth L= = Assembly Pole Top Extended Price S-138-16D EMB 12 $ 5,800.00 S 2,800.00 $ 77,400.00 R i S-138-16D EMB 1 2.5 $ 5,800.00 $ 2,800.00 S 51,600.00 1 S-5AA-16-1 FDN-16=1 15 $ 6,800.00 S 5,918.00 $ 3,800.00 S 16,518.00 - S-5AA-16-2 FDN-16-2 25 $ 6,800.00 $ 26,040.00 S 3,800.00 $ 36,640.00 " S-138-16-3 EMB 13 S 6,000.00 $ 2,800.00 I S 8,800.00 TPS-138-16-6 FDN-16-6 ZS S 5,500.00 I S 15,386.00 $ 2,800.00 S 23,686.00 1 90' TPS-138-16-7 FDN-16-7 15 S 5,500.00 S 7,480.00 $ 2,800.00 S 15,780.00 1 105' TUS-5AA-16-8 FDN-16-8 20 $ 6,900.00 S 12,340.00 S 3,800.00 S 23,040.00 1 105' TUS-5AA-16-9 FDN-16-9 20 $ 6,900.00 $ 12,340.00 S 3,800.00 $ 23,040.00 1 95' TPS-138-16-10 FDN-16-10 20 $ 5,800.00 S 14,880.00 $ 2,800.00 S 23,480.00 1 95' TUS-5A-16-11 FDN-16-11 30 $ 6,500:00 $ 47,257.00 $ 3,500.00 S 57,257.00 1 100' TPS-138-16-12 EMB 13 $ 6,200.00 S 2,800.00 $ 9,000.00 1 80' TPS-138-16-16 FDN-16-16 17 -S 5,500.00 S 10,483.00 $ 2,800.00 I $ 18,783.00 1 I 90' TUS-5A-16-18 FDN-16-18 30 S 6,200.00 S 36,182.00 $ 3,800.00 I S 46,182.00 1 85' TUSAA-16-19 FDN-16-19 23 $ 6,200.00 $ 23,925.00 S 3,200.00 S 33,325.00 1 100' TPS-138-16-22 EMB 13 $ 6,500.00 $ 2,800.00 $ 9,300.00 1 85' TPS-138-16-23 FDN-16-23 20 S 5,900.00 $ 14,880.00 S 2,800.00 $ 23,580.00 1 75' TUS-5A-16-31 FT-4-16-31 25 $ 6,500.00 S 26,040.00 S 3,800.00 S 36,340.00 2 50' C8-DC-SWT FDN-C8-DC 15 S 5,000.00 $ 9,257.00 $ 2,200.00 $ 32,914.00 Removal "I" Units 1 55' WOOD POLE S 2,200.00 - - S 2,200.00 8 40' WOOD POLE $ 1,800.00 - - $ 14,400.00 Misc. Assemblies Quantity Unit I Assembly Name Unit Price Extd. Price 6 ea. TM-2D-16 I S 350.00 S 2,100.00 2 ea. TM4F S 375.00 I $ 750.00 2 ea. TM1tFF0 $ 275.00 $ 550.00 2 ea. TM-FOSUB $ 325.00 I $ 650.00 18 ea. TM-107 S 575.00 $ 10,350.00 1 ea. TM-FOSPLICE $ 1,500.00 S 1,500.00 12 ea. TM-501G S 350.00 $ 4,200.00 Removal "I" Misc. Assemblies Page 10 of 14 (Project 16) Initials Bid #4152 - 138 kV Transmission Line Construction - 2009 Bid Proposal Form Worksheet Project #16 - Hickory Substation to RD Wells Interchange Bidder: Removal "I" Misc. Assemblies (cont'd) 1 ea I A7 S 250.00 S 250.00 5 ea. CIX S 375.00 $ 1,875.00 2 ea. C7 S 375.00 $ 750.00 I ea. C7A S 375.00 $ 375.00 3 ea. K11C S 425.00 S 1,275.00 4 ea. M5-5 S 375.00 $ 1,500.00 12 ea. M5-6 $ 425.00 S 5,100.00 2 ea. M5-10 $ 425.00 I S 850.00 2 ea. M5-14 $ 475.00 S 950.00 I ea. M5-20 S 475.00 $ 475.00 1 ea. 7 M5-21 I S 475.00 $ 475.00 Removal "I" Misc. Assemblies (cont'd) 4 ea. M5-25 S 525.00 $ 2,100.00 7 ea. M26-5 S 525.00 $ 3,675.00 3 ea. El-2 $ 375.00 S 1,125.00 I ea. E3-2 $ 375.00 S 375.00 I ea. G39-IOX $ 475.00 I $ 475.00 I ea. GIO-75 $ 525.00 S 525.00 3 ea. ( J6 S 315.00 f $ 945.00 14 ea. G8 $ 375.00 $ 5,250.00 I ea. UAIX $ 575.00 S 575.00 I ea. UC-IX S 575.00 S 575.00 I ea. C1-DC S 425.00 S 425.00 Conductor Quantity Unit Conductor Name Unit Price Extd. Price 143' ft. 3/8" HSS $ 2.75 I $ 393.25 27,174' ft. PEEDEE S 3.85 $ 104,619.90 9,658' ft. OPGW S 3.25 S 31,388.50 44,508' ft. ARBUTUS S 2.40 I S 106,819.20 7,418' ft. MISTLETOE $ 2.00 S 14,836.00 Optional Dist. Wire 2,100' ft. ARBUTUS S 3.25 $ 6,825.00 350' ft. MISTLETOE S 2.75 I S 962.50 Total Project #16 Price $ 899,12. 5 Page I 1 of 14 (Project 16) Initials Bid #4152 - 138 kV Transmission Line Construction - 2009 Bid Proposal Form Worksheet Project #17 - RD Wells to Denton West Bidder: Chain Electric Company d Const Unit Costs Total Structure Quantity Structure Name Fnd. Name /Type . Fn Depth Pole Fnd. Pole Top Assembly Extended Price 20 95' ` TPS-138-17D EMB 12.5' $ 5,300.00 $ 2,300.00 $ 152,000.00 21 1 90' 100' TPS-138-17D TPS-138-17D EMB EMB 12.0' 13.0' S 5,300.00 S 5,300.00 S 2,300.00 S 2,300.00 I S 159,600.00 $ 7,600.00 1 70' TUS-5A-17-1 FDN-17-1 20.0' S 6,500.00 $ 17,753.00 $ 3,500.00 S 27,753.00 1 75' TPS-138-17-2A FDN-17-2A 18.0' S 5,000.00 $ 11,075.00 S 2,300.00 $ 18,375.00 1 85' TUS-5A-17-213 FDN-17-2B 27.0' $ 6,300.00 $ 37,366.00 $ 3,300.00 $ 46,966.00 1 80' TPS-138-17-6 FDN-17-6 15.0' S 5,000.00 $ 9,300.00. S 2,300.00 $ 16,600.00 1 80' TPS-138-17-8 FDN-17-8 18.0' $ 5,000.00 S 11,075.00 $ 2,300.00 $ 18,375.00 1 85' TUS-5A-17-9 FDN-17-9 23.0' $ 6,300.00 S 23,925.00 $ 3,300.00 S 33,525.00 1 90' TUS-5A-17-10 FDN-17-10 29.0' S 6,300.00 S 40,155.00 $ 3,300.00 $ 49,755.00 1 100-1 TPS-138-17-11 EMB 13.0' S 5,300.00 S 2,300.00 I $ 7,600.00 1 95' TPS-138-17-12 EMB 12.5' $ 5,300.00 $ 2,300.00 S 7,600.00 1 85' TPS-138-17-17 FDN-17-17 17.0' $ 5,000.00 $ 10,483.00 S 2,300.00 I $ 17,783.00 1 90' TPS-138-17-18 EMB 12.0' $ 5,300.00 S 2,300.00 $ 71600.00 1 90' TPS-138-17-21 EMB 12.0' S 5,300.00 S 2,300.00 $ 7,600.00 1 90' TUS SA 17-22 FDN-17-22 27.0' S 6,300.00 $ 37,366.00 S 3,300.00 I S 46,966.00 1 85' TUS-5A-17-27 FDN-17-27 27.0' S 6,300.00 S 37,366.00 $ 3,300.00 S 46,966.00 1 100' TPS-138-17-28 EMB 13.0' $ 5,300.00 $ 2,300.00 I $ 7,600.00 1 90' TPS-138-17-37 EMB 12.0' $ 5,300.00 S 2,300.00 $ 7,600.00 1 60' THS-75-17-38 EMB 8.0' S 7,000.00 $ 2,700.00 $ 9,700.00 1 55' THS-75-17-39 EMB 8.5' $ 7,000.00 $ 2,700.00 S 9,700.00 1 95' TPS-138-17-40 EMB 12.5' S 5,300.00 S 2;300.00 $ 7,600.00 1 85' TUS-5A-1741 FDN-1741 27.0' $ 6,300.00 $ 32,548.00 $ 3,300.00 $ 42,148.00 1 100' TPS-138-1743 EMB 13.0' $ 5,500.00 $ 2,300.00 S 7,800.00 1 100' TPS-138-17-45 EMB 13.0' S 5,500.00 S 2,300.00 $ 7,800.00 1 100' TPS-138-17-53 EMB 13.0' $ 51500.00 $ 2,300.00 S 7,800.00 I 100' TPS-138-17-60 EMB 13.0' S 5,500.00 S 2,300.00 $ 7,800.00 1 90' TUS-5A-17-66 FDN-17-66 25.0' S 6,300.00 $ 34,660.00 $ 3,300.00 $ 44,260.00 Page 12 of 14 (Project 17) Bid #4152 - 138 kV Transmission Line Construction - 2009 Bid Proposal Form Worksheet Project #17 - RD Wells to Denton West Bidder: Chain Electric Company Misc. Assemblies Quantity Unit Assembly Name Unit Price Extd. Price 6 ea. TM-2D-17 $ 350.00 $ 2,100.00 2 ea. TM-4FFO $ 275.00 $ 550.00 2 ea. TM-4F $ 375.00 $ 750.00 2 ea. TM-FOSUB $ 325.00 $ 650.00 57 ea. TM-107 $ 575.00 $ 32,775.00 24 ea. TM-501G $ 350.00 I $ 8,400.00 2 I ea. TM-FOSPLICE $ 1,500.00 $ 3,000.00 Conductor Quantity Unit Conductor Name I Unit Price I Extd. Price 1,351' ft. 3/8" HSS $ 2.75 $ 3,715.25 70,800' ft. SUWANNEE $ 3.50 I $ 247,800.00 24,400' ft. OPGW $ 2.75 I $ 67,100.00 80,232' ft- ARBUTUS $ 1.25 $ 100,290.00 13,372' ft. MISTLETOE S 0.95 $ 12,703.40 Total Project #17 Price $ 1,312,305.65 Page 13 of 14 (Project 17) Bid #4152 - 138 kV Transmission Line Construction - 2009 Bid Proposal Form Worksheet Project #18 - Denton West to Denton North (and Corinth Rebuild) y Bidder: Chain Electric ComUan Const Unit Costs Total F cture antity Structure Name Fnd. Name /Type Fnd. Depth Pole Fnd. pole Top Assembl Extended Price 1 70' TPS-138 18-1 FDN-18-1 15 $ 7,800.00 S 7,525.00 S 4,800.00 I S 20,125.00 1 80' TUS-5A2-18-2 FDN-18-2 20 S 8,800.00 $ 20,800.00 S 5,800.00 I $ 35,400.00 4 75' TPS-138-18D FDN-1813 15 $ 7,800.00 $ 9,235.00 $ 4,800.00 $ 87,340.00 1 80' TUS-5A2-18-7 FDN-18-7 25 $ 8,800.00 $ 26,038.00 S 5,800.00 S 40,638.00 Corinth Rebuild 1 75' TUS-5A-AW FDN-AW 20 8,800.00 S 17,753.00 $ 5,800.00 ` S 32,353.00 1 75' TUS-5A-AE FDN-AE 23 $ 8,800.00 S 23,925.00 $ 5,800.00 $ 38,525.00 Pole Removal 1 85' I Guyed Steel Deadend Pole - - - I - - Misc. Assemblies Quantity Unit Assembly Name Unit Price I Extd. Price TM-213-18 $ 350.00 $ 1,050.00 1 ea. TM-4F $ 375.00 $ 375.00 1 ea. TM-4FFO S 275.00 $ 275.00 1 ea. TM-4FOSUB $ 325.00 S 325.00 1 ea. TM-FOSPLICE S 1,500.00 ( S 1,500.00 1 ea. TM-501G $ 350.00 S 350.00 Corinth Rebuild 3 ea, TM-213-18A s 550.00 S 1,650.00 2 ea. TM-417 $ 375.00 $ 750.00 Conductor Quantity Unit Conductor Name Unit Price Extd. Price 9,042' ft. COREOPSIS $ 4.25 S 38,428.50 3,314' ft OPGW $ . 3.75 I $ 12,427.50 316' R 3.8" EHS S 2.75 I $ 869.00 Corinth Rebuild 1380 ft. DRAKE $ 4.25 S 5,865.00 830 ft. 3/8"EHS S 2.75 S 2,282.50 Removal "I" Misc. Assemblies 3 ea. Steel arms from steel pole S 1,600.00 $ 4,800.00 14 ea. Anchors for steel pole S 1,300.00 S 18200.00 I 1 Total Project #18 Price S 343,528.50 Page 14 of 14 (Project 18) Initials Client#: 1933 CHAIELE A-CORU. CERTIFICATE OF LIABILITY INSURANCE DATE 1105/2008 1 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Stewart Sneed Hewes r c,:,rr.? ?;a''f•~!_*` HOONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE LDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND R BancorpSouth Insurance Services ALTER THE COVERAGE AFFORDED BY THE POLICIES.BELOW. P.O. Box 1976 4 2 Hattiesburg, MS 39403-1976 J INSURERS AFFORDING COVERAGE NAIC # INSURED INSURERA: Insurance Co of the State of PA Chain Electric Company/: 1-- ; - L INSURER B: Everest National Insurance Company P.O. Box 2058 \ INSURER C: American Intemational South Hattiesburg, MS 39403 , INSURER D: New Hampshire Insurance INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR ANY REQUIREMENT , MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 1 LTR NSR TYPE OF INSURAN POLICY NUMBE POLICY EFFECTIVE DATE IMMMDA-n POLICY EXPIRATION DATE MMIDD LIMITS A GENERAL LIABILITY GL4807417 07/16/08 07/16/09 EACH OCCURRENCE $1 000 OOO X COMMERCIAL GENERAL LIABILITY- DAMAGE TO RENTED rence) $300,000 CLAIMS MADE [X OCCUR MED EXP (Any one person) $10,000 PERSONAL & ADV INJURY S110001000 GENERAL AGGREGATE $2,000,000 GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG s2,000,000 POLICY j RO- LOC A AUTOMOBILE LIABILITY CA7638559 07/16108 07/16/09 COMBINED SINGLE LIMIT t E id 52 000 000 X ANY AUTO - a acc en ) ( , , ALL OWNED AUTOS BODILY INJURY SCHEDULED ALTOS (Per person) $ X HIRED AUTOS BODILY INJURY X NON-OWNED AUTOS (Per accident) $ PROPERTY DAMAGE (Per accident) S GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG S B EXCESSIUMBRELLA LIABILITY 7106000108081 07/16108 07/16/09 EACH OCCURRENCE $10,000,000 X OCCUR F 1CLAIMS MADE AGGREGATE $10,000,000 $ DEDUCTIBLE S X RETENTION S10000 S C WORKERS COMPENSATION AND WC1591537 ✓ 07116108 07/16/09 ' X dRC STATU- O R D EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVE WC1591538 07/16/08 07/16/09 E.L. EACH ACCIDENT $1,000 000 OFRCERIMEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE f $1,000,000 SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT s,110--00-10-0-0- OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Certificate Holder is amended to read: City of Denton, its Officials, Agents, Employees and Volunteers. (See Attached Descriptions) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE TjE EXPIRATION City of Denton DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL AH DAYS WRITTEN 901B Texas Street NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Denton, TX 76209 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE / Ole ACORD 25 (2001/0$)' of 3 #S23146n1M22A299 rV/MARA n ernRn rn0an0ATInPJ 4QRR IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25S (2001108) 2 of 3 #S231460/M224299 DESCRIPT:.IONS-(Continued from Page 1) REF: Bid#4152 -138kV Transmission Line Construction-- Holder is shown as Additional Insured under all lines of coverage except w keor s compensatione is primary to any other insurance available to the additional insured.✓ Waiver of Subrogation is provided for holder under all lines of coverage. AMS 25.3 (2001/08) 3 of 3 #S231460/M224299