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2007-119
ORDINANCE NO. of 0©~I - ~/ AN ORDINANCE ACCEPTING COMPETITNE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF THE PECAN CREEK WATER RECLAMATION PLANT FILTER IMPROVEMENTS FOR THE CITY OF DENTON; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTNE DATE (BID 3776-PECAN CREEK WATER RECLAMATION PLANT GRAVITY FILTERIMPROVEMENTS AWARDED TO CRESCENT CONSTRUCTORS, INC. IN THE AMOUNT OF $427,000). 's 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 3776 Crescent Constructors, Inc. $427,000 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 manrier 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. d f PASSED AND APPROVED this the ~~ day of ~ ,2007. ~ ~~~~~~ PERRY . McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY, BY: 5~--- W APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: 3-02 id 3776 CONTRACT AGREEMENT S"TA"TE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT, made and entered into this 5th day of June A.D., 2007, by and between City of Denton of the County of Denton and State of Texas, acting through George C. Campbell thereunto duly authorized so to do, hereinafter termed "OWNER," and Crescent Constructors Inc. 1100 Grinnell Drive Richardson, TX 75081 of the City of Richardson, County of Dallas and State of Texas ,hereinafter termed "CON"TRACTOR." 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 # 3776 -Pecan Creek Water Reclamation Plant Gravity Filter Improvements in the amount of $427,000 and all extra work in connection therewith, under the terms as stated in the General Conditions of the agreement; and at his (or their) own proper cost and expense to ftiruish 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 Verformance 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: Camp Dresser & McKee Tnc all of which are referenced herein and made a part hereof and collectively evidence and constitute the entire contract. CA-1 Independent Status 1t 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 IN WITNESS WHEREOF, the parties of these presents have executed this agreement m t year and day first above written. - A "PEST: a ~~ ~^! ~, ~ u/~ EST: uuGt~lS we dn! . > > r~llcN,6~-~ ~ , ~,4~G~E APPROVED AS TO FORM: City of Denton OWN BY: c C.t~z'a ~N /1 r.,u (SEAL) FSl,~n/f ~N~~IA~f~~ 11~C. CONTRACTOR 11©~ ~I1iNN~u ~RiV~ RtC~ , (n rJ, ~Sl. MAILING ADDRESS (~~2) 7~3 ~ 6~0) PHONE NUMBER ~~~ 937- ~~s PAX NUM/B'-ER BY: l~l ~ ~/ TITLE ~ ~pEN°f Mir.NQ~=I. c- , ~ I ~> PRINTED NAME %/ / - Y ATTORN Y CA-3 (SEAL) CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS t Bidder's attention is directed to the insurance requirements below. It is high/y recommended that bidders confer will: their respective insurance carriers or brokers to determine in ndvance of Bid submission the avai/ability of insurance certificates and endorsements as prescribed and provided herein. /f an apparent low bidder fails to comply strictly with the insurance requirements, that bidder may be disqualified from award of t/:e contract. Upon bid sward, nl/ insurance requirements shall become contractual obligations, which the successful bidder slmll /rave a duty to maintain throughout tl:e course of this contract. STANDARD PROVISIONS: Wilhou[ 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 Ciry of Denton, Owner, the minimum insurance coverage as indicated hereinafter. As soon as practicable after notifrcation of bid award, Contractor shall tale with the Purchasing Depar[ment satisfactory certificates of insurance, containing the bid number and title of [he project. Contractor may, upon written reyuest to the Purchasing Depar[ment, ask for clarification of any insurance requirements at any time; however, Contractors are strongly advised to stake such requests prior to bid opening, since the insurance requirements may not be modified or waived ajler bid opening unless a written exception has been submitted with the bid. Contractor s/enll trot commence any work or deliver any material until he or she receives notifrcation that the contract l:as been accepted, approved, and signed by the Ciry of Denton. All insurance policies proposed or obtained in satisfaction of these requirements shall comply wi[h the following general specifications, and shall be maintained in compliance with these general specifications throughout the duration of the Contract or longer, if so noted: Each policy shall be issued by a company authorized to do business in the State of Texas with an A.M. Best Company rating of at least A. Any deductibles or self-insured retentions shall be declared in the bid proposal If requested by the City, the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, its officials, agents, employees and volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. Liability policies shall be endorsed to provide the following: •• Name as additional insured the City of Denton, its Officials, Agents, Employees and volunteers. •• That such insurance is primary to any other insurance available to the additional insured with respect to claims covered under the policy and that this insurance applies separately to each insured against whom claim is made or suit is brought. The inclusion of more than one insured shall not operate to increase the insurer's limit of liability. • All policies shall be endorsed to read: "SAID POLICY SHALL NOT BE CANCELLED, NONRENEWED OR MATERIALLY CHANGE WITHOUT 30 DAYS ADVANCED WRITTEN NOTICE BEING GIVEN TO THE OWNER (CITY) EXCEPT WHEN THE POLICY IS BEING CANCELLED FOR NONPAYMENT OF PREMIUM IN WHICH CASE /0 DAYS ADVANCE WR/TTEN NOTICE IS REQUIRED ". • Should any of the required insurance be provided under aclaims-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 afrer 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 afrer such lapse shall not be processed until the City receives satisfactory evidence of reinstated coverage as required by this contract, effective as of the lapse date. If insurance is not reinstated, City may, at its sole option, terminate this agreement effective on the date of the lapse. SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: All insurance policies proposed or obtained in satisfaction of this Contract shall additionally comply with the following marked specifications, and shall be maintained in compliance with these additional specifications throughout the duration of the Contract, or longer, ifso noted: [X] A. General Liability Insurance: General Liability insurance with combined single limits of not less than $ 1,000,000 shall be provided and maintained by the Contractor. The policy shall be written on an occurrence basis either in a single policy or in a combination of underlying and umbrella or excess policies. If the Commercial General Liability form (ISO Form CG 0001 current edition) is used: • Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual liability covering this contract and broad form property damage coverage. • Coverage B shall include personal injury. • Coverage C, medical payments, is not required. If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) is used, it shall include at least: • Bodily injury and Property Damage Liability for premises, operations, products and completed operations, independent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures. • Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability. [X] Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than $500,000 either in a single policy or in a combination of basic and umbrella or excess policies. The policy will include bodily injury and property damage liability arising out of the operation, maintenance and use of all automobiles and mobile equipment used in conjunction with this contract. Satisfaction of the above requirement shall be in the form of a policy endorsement for: • any auto, or all owned, hired and non-owned autos. [X] Workers Compensation Insurance Contractor shall purchase and maintain Worker's Compensation insurance which, in additio^ to meeting the minimum statutory requirements for issuance of such insurance, has Employer's Liability limits of at least $]00,000 for each accident, $100,000 per each employee, and a $500,000 policy limit for occupational disease. The City need not be named as an "Additional Insured" but the insurer shall agree to waive all rights of subrogation against the City, its officials, agents, employees and volunteers for any work performed for the City by the Named Insured. For building or construction projects, the Contractor shall comply with the provisions of Attachment 1 in accordance with §406.096 of the Texas Labor Code and rule 28TAC 110.110 of the Texas Worker's Compensation Commission (TWCC). [ ] Owner's and Contractor's Protective Liability Insurance The Contractor shall obtain, pay for and maintain at all times during the prosecution of the work under this contract, an Owner's and Contractor's Protective Liability insurance policy naming the City as insured for property damage and bodily injury which may arise in the prosecution of the work or Contractor's operations under this contract. Coverage shall be on an"occurrence" basis, and the policy shall be issued by the same insurance company that carries the Contractor's liability insurance. Policy limits will be at least combined bodily injury and property damage per occurrence with a aggregate. [ ] Fire Damage Legal Liability Insurance Coverage is required if Broad form General Liability is not provided or is unavailable to the contractor or if a contractor leases or rents a portion of a City building. Limits of not less than each occurrence are required. [ ] Professional Liability Insurance Professional liability insurance with limits not less than per claim with respect to negligent acts, errors or omissions in connection with professional services is required under this Agreement. [ ] Builders' Risk Insurance Builders' Risk Insurance, on an All-Risk form for 100% of the completed value shall be provided. Such policy shall include as "Named Insured" the City of Denton and all subcontractors as their interests may appear. [ ] Commercial Crime Provides coverage for the thefr 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. ATTACHMENT 1 [X] Worker's Compensation Coverage for Building or Construction Projects for Governmental Entities A. Definitions: Certificate of coverage ("certificate")-A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC- 81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project -includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in §406.096) -includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any overage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the Contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage.and report lack of coverage. I. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain from each other person with whom it contracts, and provide to the contractor: (a) a certificate of coverage, prior to the other person beginning work on the project; and (b) anew certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. .T. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self- insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. Ci:y oClJensr. ;_r Pecan Creek w ~c,= ='~.`r :-_r+.-,r_= SECTION 00300 BID FORM PROJECT IDENTIFICATION: THIS BID IS SUBMITTED T0: THIS BID IS SUBMITTED BY: City of Denton Pecan Creek WRp Filter Proiect Bid No. 3776 Purchasing Department City of Denton 901-$ Texas Street Denton, Texas 76209 ARTICLE 1. The undersigned Bidder proposes and agrees, if this with OWNER in the form included in the Contract Documents to perfc indicated in the Contract Documents for the Contract Price and within Agreement and in accordance with the other terms and conditions of th ~N 1. ~ id is accepted, to enter into an agreement z and furnish all Work as specified or :Contract Time indicated in the ~ontract Documents. ARTICLE 2. Bidder accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for ninety days after the day of Bid opening. Bidder will sign and submit the Agreement with the Bonds and other documents required by the Contract Documents within fifteen days after the date of OWNER's Notice of Award. ARTICLE 3. In submitting this Bid, Bidder represents, as more 3.1 Bidder has examined copies of all the Contract Documents and of which is hereby acknowledged): Dat Nu ber 2 ~0 ,~ set forth in the Agreement, that: following Addenda (receipt of all /~) 3.2 Bidder has visited the site and become familiarized with the natureand extent of the Contract Documents, Work, Site, locality, and all local Conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 3.3 Bidder has obtained and carefully ;rudied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests and studies which pertain to the subsurface or physical conditions at the site or otherwise may affect the cn;_ progress, performance or fumishing of the Work as Bidder considers oosoo.aa 00300-1 npra zoo; Ciry of Ucr._ ., r_ ' Pecan Cree? `:: _;?' r, __ _ ___ _ __ _ necessary for the pe-=-_:_, ~- :,o,-,;thing of the Work at the Contract Price, within the Contract Time and in accordance with il:e oti:er te^-s and conditions of the Contract Documents, including specifically the provisions of paragrzphs 4.02 and -? ~1~ o tt;e General Conditions; and no additional examinations investigations, explorations, tests. reports or similaz information or daza are or will be required by Bidder for such purposes. 3.4 Bidder has reviewed and checked all information and data sho with respect to existing Underground Facilities at or contiguous to tk: accurate location of said Underground Facilities. No additional exarz reports or similaz information or data in respect of said Underground in order to perform and famish the Work at the Contract Price, withi. the other terms and conditions of the Contract Documents, including of the General Conditions. 3.5 Bidder has con•elated the results of all such observations, e reports and studies with the terms and conditions of the Contract 3.6 Bidder has given ENGINEER written notice of al] conflicts, the Contract Documents and the written resolution thereof by ENC 3.7 This Bid is genuine and not made in the interest of or on behalf corporation and is not submitted in conformity with any agreement or or corporation; Bidder has not directly or indirectly induced or solicite Bid; Bidder has not solicited or induced any person, firm or corooratic sought by collusion to obtain for itself any advantage over any other B ARTICLE 4. Bidder will complete the Work in accordance with lump sum price(s), as specified in text form, and numerically: 4.1 BIDDERS BID AIvIOUNT A. Base Bid Item A -This lump sum item consists of famishing all super incidentals and related items required for construction of the in these Specifications. This bid item includes all improvem by another bid item. This item includes any and all granular Lump Sum Bid: ~ ~re~ ~- ~`[; Od0 n or indicated on the Contract Documents site and assumes responsibility for the rations, investigations, explorations, tests, •acilities are or will be required by BIDDER the Contract Time and in accordance with pecifically the provisions of pazagraph 4.04 investigations, explorations, tests, or discrepancies that it has discovered in Z is acceptable to Bidder. any undisclosed person, firm or les of any group, association, organization any other Bidder to submit a false or sham to refrain from bidding; and Bidder has not or over OWNER. Contract Documents for the following labor, materials, tools, equipment, Creek WRP filter improvements as stated d any other item not specifically covered t or filtration media. N THv~S Item B -This lump sum item censisis of famishing al] sup incidentals and related items requi; ed Sor demolition of the P~+v~ Nd ZZ ~CN'l labor, materials, tools, equipment, underdrains of Pecan Creek WRP Filters 0o3oo.da 00300-2 April ZOOi Pecan Creek ;C _=~- ? _-.•.--~:- 3 and 4, remoc-_ ~' ;; ~:_ -_:erai >*om the site, and disposal of the waste material. This demolition shall include the ~-~:_:_ =-r t-..e_:>. This bid item includes all improvements and any other item not specificallvcover:d a} _.o:=er Sid item. Lump Sum Bid: This project will be awarded to the lowest bidder for the Work to be ins determine the Work to be included based on the Project budget and the GT~tt 4.2 MANUFACTURERS r'o~ r H v.+ o sz ~ ~ ~ W e aty This Bid is based upon famishing and installing major items of No. Item Filter Underdrain 11315 Filter Media 11315 * Indicates an "or equal" manufacturer is acceptable for write-in. 4.3 PROPOSED SUBCONTRACTORS The following information gives the name, business address, and pot amount of work to be done) for each subcontractor that wdl] be used Contract. No subcontractor doing work in excess of 3 percent of the below shall be used without the written approval of the OWNER. The City of Denton will R~~e1_e~ ~ ~1 ~Q~ ~ ~~ v<N Tt-+ovS.t+v- D~i(c.ij a~a( n/OCP~~ by the following manufacture; s: Manufacturer file-o Degre-nont Inc filco Degremont, Inc. a-- ~n of work (description and dollar the work in the Bidder is awarded the rtal amount of the Bid who is not listed Additional supporting data may be attached to this page. Each page shat headed "Proposed Subcontractors," and shall be signed. Firm Name Business Address Description of Woik ARTICLE 5. Bidder agrees that the ~6ork will be completed within 5.1. Bidder agrees to be Substantia'oly Completed with alt contracted W from the date when the Notice to Prxeed is issued, and completed be sequentially numbered and Dollar Amount ~.! ~(~ Sc'~ ~ i~E viz ~ ~ r2 r11=~ ottowing anme : i ~~i 4 vithirrtt2'Co ecutive calendar days Ready for Final Pa}~rtent with 30 ooaoo.aa 00300-3 ~ q~~~i zee, Cite of lk-cr.. -_~. Pecan Cree '~+?_ ?"_- '~--^~^ consecutve ~ <-- -: =:r ~'-=-tantial Completion in accc Conditions. T-e ?rcce- sas; ~ completed and ready for final davs after the -:,te -c-z- '-: Co^tnct Time commences to run. 5.2 Bidder accepts ~ e pro~aions of the Agreement as to Liquidated the Work within the times specified in the Agreement. ARTICLE 6. The following documents are attached to and made a th Article 14 of the General within 1 12 consecutive calendar in the event of failure to complete of this Bid: 6.1 Required Bid Security in the form of a certified check or a Bid Bond in the amount of 5% of the total Bid price. G.2 Noncollusion Affidavit. ARTICLE 7. Communications concerning this Bid shall be addressed to the following address: Mr. AI Sun Camp Dresser & McKee, Inc. 8140 Walnut Hill Lane, Suite 1000 Dallas, TX 75231 Phone: (214) 346-2800 Fax: (214) 987-2017 ARTICLE 8. The terms used in this Bid which are deft Bidders will have the meanings assigned SUBMITTED on ~ Y I 1 ~ , 200 i. Approved By ~~ . / (Authorized Signa re) Attested By ~/C'~'~' M• Lt~i~ ~(A~zed Signature) ned in the Gene ral Conditions or Instructions to to them. (Name of rBfi~d~ By ~rN/ ~drelr)r J /'~ ~A J/'' ~r y~ (~'Y FYCL l.Y ' Yf4117"/~'C l ! /~G (Title) 1ID~ ~Rl~l/~1,L ~~1 V~ (Address) 1~IC~1 I ,/ ~~~~~DN, 7X ~ 7~D~~ ~ (City and St t _ ~9~z~. e) 7~3-69~~ ~gb~ 11 (Facsimile 3 7~ Note: If the Bidder is a corporation, _^dicate state of incorporation under signature and affix corpo,ate seal; if a partnership give full name and rrsidentia] addresses if different from business address. !l_- . ~~~~ 1596-t~f 00300.d¢ 00300-4 ~ .q~,a zoo. ' Ciry of Dr..:_.: fir:=!. ' ~ Pecan Cree=:._-.._____---^-cr.[ SECTION 00410 BID BOND The undersigned Bidder hereby declares that he has visited the site of the Contract Documents pertaining to the work covered by the above b commence work within ten 10 days after the date of written notice to d on which he has bid complete within consecutive 112 calendar days. Enclosed with this proposal is a Certified Check for five percent of the five percent of the Bid, which it is agreed shall be collected and retaine damages in the event this proposal is accepted by the Owne: within thi received and the undersigned fails to execute the contract and the requi (10) days after the date said proposal is accepted, othencise, said check undersigned upon request. Contractor (Firm N By: ~~ Title: _ ~~ (President/Vice-President) Address Phone t '1 L_ ~)Q S ~ 6 b Fax ~~ g .i, ,~/~+ Email _ ~ t~G) ~ Y'G ~~"(~,, ie work and has carefully examined ~, and he further agrees to so, and to have i 00% of the work Bid or a BID Bond in the sum of i by the Owner as liquidated ty (30) days after the bids are ed bond for the Owner within ten or bond shah be returned to the f ~~~~ 7.~a~) ooato.aa 00410-1 narii zoo Pecan Cree: 'w == ?. - .^+~;~:--~:_ SECTION 00480 \ONCOLLUSION AFFIDAVIT STATE OF Texas 3 COUNTY OF Denton 3 ~~C~Qt L- l3-' ' ~~~1~.> of lawful age, being first duly swot ,says that (he/she) is the agent authorized by the Bidder to submit the attached Bid. Affiant fwther states that the Bidder has not been a party to any ollusion among Bidders ir+. the restraint of freedom of competition by agreement to bid at a fixed price or to r frain from bidding; or with nay official or employee of the Owner as to quantity, quality, or price in the prospective Contract, or any ether terms of said prospective Contract; or, in any discussion between Biddersand any official of the Owner concerning exchange of money or other thing of value for special consideration in the letting of a Contract. Bidder V ~jC,~~~,N~~/~ w ~"J / K. (/l li~/~J1 / (V TO BEFORE ME, this ~~ day of /~Q t.~ 20 -_' ~4 ~y.'I ~'~ c..~ My Commission E SONJA A. WEAVER Notary Public State of Texas My Comm. Ezp. 10-05-2008 Notary Public xpires: l~/S ~~ D230RR00480.d¢ 004$0-1 Aanl 2007 ASR-2i-2D1 li 10:23AIA FROM- T-339 P.001/003 F-1 i5 Fax 6140 Walnut Hill Lane, Sulte 1000 Dallas, Texas 75231 Tel 214-346-2800 Fax 214987-2017 To: Michael Daigre From: Glenda Smalley Organ'vatron: Crescent Constructors Date: 04/27/07 Fax No.: 972-437-2845 Time: Re: Pecan Creek WRP Filter Impr Job #: 2192-29069 # of Pages: 3 (mcLQmg m~ersheeU Message: Addendum No. i APR-2T-200i 10:23AM1 FROfd- T-338 P.002/003 F-175 City of Denton, Texas Pecan Creek Water Reclamation Plant Gravity Filter Improvements Project Bid No. 3776 Addendum No, 1 April 27, 2007 00 p.m. local Engineer: Camp Dresser & McKee, inc. To: All Document Holders of Records This Addendum forms a pa:t of the Contract Documents and modifies the original Contract Documents dated April 2007. Acknowledge receipt of this Addendum in the space provided on the Bid Form and on the envelope extirior. Failure to do so may subject Bidder to disqualification. This Addendum includes clarifiicatiens and/or changes to Denton, Texas; Pecan Creek Water Reclamation Plant G Project. documents for the Citv of ry Flter improvements APR-2?-2D0? 10:23hM FROM- - ~ ~ Cttyornrnron,Tusc Pecan CRelt Water Rmlamauon Plant Gmviry Flier impmmnrna ADDENDL'1vI NO. 1 A. SPECIFTCATIONS ]. SECTION 00300-BTDFORVI a. Page 00300-3, ARTICLE 5, Paragraph 5.1. Delete t replace with the following. "Bidder agrees to be Substantially Complet 154 consecutive calendar days from the date issued, and completed and Ready for Final calendar days after Snbstnntial Completion General Conditions. The Project shall be cc payment within 184 consecutive calendar d: Time commences to run" 2. SECTION 11315 - a. Page 113 ] 5-7, Replace " 2.03 SAND FILTER "2.04 SAND FILTER MEDIA" 3. SECTION 11315 - a. Page 11315-7, Paragraph 2.04. Replace the sente size shall be between 0.65 and 0.70 millimeters." "The effective size shall be between 0.65 ,, •~. :GORY 1. D'A . ~ 88894 „ T-339 P.003/003 ~-I?3 e Paragraph in its entirety and with all coatrncted Work within Len the Notice to Proceed is vmcnt with 30 cousecutive accordance with Article 14 of the pleted and ready for final after the date when the Contract "with "The t0 percent size or effective millimeters." 1 April 27, 2007 "BID BOND TRAVELERS CASUAL I AND SURETY COMPANY OF AMERICA Hartford, Connecticut 06183 Bond No. 5 3 ~ KNOW ALL MEN BY THESE PRESENTS, That we, Crescent Constructors, Inc. as Principal, hereinafter called the Principal, and TRAVELERS CASUAL- Hartford, Connedicut, a corporation duly organized under the laws of the called the Surety, are held and firmly bound unto The City of De as Obligee, hereinafter called the Obligee, in the sum of Five Perc Crescent Dollars ($ 58 of GAB ), for the ~ payment of which sum well and truly to be made, the said Prirapal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointty and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Pecan -Creek NOW, THEREFORE, if the Obligee shall accept the bid of the Principal an the Obligee in accordance with the terms of such bid, and give such bond c Contrail Documents with good and sufficient surety for fhe fa'rtttful pertorm .payment of labor and material furnished in the prosecution thereof, or in the such Contrail and give such bond or bonds, if the Prndpal shall pay to the penalty hereof between the amount specified in said bid and such larger an contrail with another party to perform the Work covered by said bid, then tl to remain in full foroe and effect. Signed and sealed this 3rd day of May, 2007. ~/~r~~- ames P. Fulton (w~) ~~-e=~~~ /~es P, Fulton (w~s> Michael AND SURETY CO)VIRANY OF AMERICA, of aie of Connedicut, as Surety, hereinafter .on, Texas t of Greatest Amount Bid Filter ImpYOVements the Principal shall enter into a Contrail with bonds as may be specified in the bidding or nce of such Contrail and for the prompt event of the failure of the Principal to enter )bligee the difference not to exceed the wnt for which the Obligee may in good faith'__ s obligation shall be null and void, otherwise `: nstructors, Inc. iare,r/President TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA Chris M. Hill Printed in cooperation with the American Institute of Architects (AIA) Company of America. The language in this document conforms exac Document A310, February 1970 edition: - 5-1869-G (07-9'!) Travelers Casualty and Surety -- to the language used in AIA TRAVELERS POWER OF ATTORA'EY Farmington Casualty Companv Fidelity and Guaranty Insurance Companv Fidelih~ and Guaranty Insurance Underwriters, Tnc. Seaboard Suretc Company Sl. Paul Fire and Marine Insurance Company 'Attorney-In Fact No. 214950 C KNOW ALL MEN BY TIiESE PRESENTS: That Seaboard Surety Company is a corporation duly Fire and Marine Insurantt Companv, St Paul Guardian Insurance Company and St. Paul Mercun~ Ins of [he State of Minnesota, [hat Farmington Casualty Company. Travelers Casualty and Surety Compa corporations duly organized under the laws of the State of Connecticut, that United Brazes Fidelity ar laws of the State of Maryland, that Fidelity and Guaranty Insurance Companv is a corporation duly orl Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of t [he Companies de hereby make, constitute and appoint Cash R. Harbaugh, Chns M. Hill, and Donald G. Murray St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company 'I}aw'elers Casualty and Burets' Company 7Yavelers Casualty and Sureh~ Company of :lmerica United States Fidelih~ and Guaranh~ Company Nn001252388 ~ganized under the laws of the State of Vew Yerk, Nat St. Paul ance Company are rorporadnns duly organized under the laws and Travelers Casualty and Surety Company of America are Guaranty Company is a corporation duly organized under the tined under the laws of the Stare of Iowa, and that Fidelity and seonsin (herein cnllectivelp called the "Companies"), and that of the City of 7)allac .State of Texac ~ ,their we and lawful At:omey(s1-in-Fact, each in their separate capacity if more than one is named above, to lien, execute, seal and acknowledge amp and all bonds, recoerrizances. conditional underakings and oche; writings obligatory in the namee 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 Imc. IN WITNF,SS WHEREOF, day of October - so a~~~ .° ~ ~isn r "' ~ pd State of Connecticut GttV of 1'IaltfOrd 55. BV: seals to be hereto affixed, this 17th St. Paul Guardian Insurance Companv St. PaW Mercury Insurance Company Travelers Casualty and Surety Company lYavelers Casualty and Sureh~ Company of America United States Fidelity and Guaranty Companv' ' NAanp4as`9~ ~MARtrORA ' ~~~n0 ':o ~`coveft N 1896 1 e ~~ail xx+^' President On this the 17th day of OClObaf 2006 .before me crsonally a eared Georee W. P PF Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity' and Guaranty lnnuan<e Underwriters, [nc.. Seaboard Surety Company. St Paul Five and Marine Inavance Compam~. St. Paul Guardian Insurance Companv, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company. Travelers Casualty and Surety Company of America, and United Smtes Fidelity and Guaranty Companv, and thm he, a such, being authorized so to do, exttutcd the foregoing inswment for the purposes therein <ontaincd by signing on bchal(of chc cemrrations by himself as a duly authorized officer. i p,T4 In Witness Whereof. I hereunto set my hand and official seal. '~ TAR My Commission expires the 30th day of June. ?Ol 1. O AfllLIGS 58440-8-06 Printed in U.S.A. he Companies have caused this instmment to be signed and their co 2006 Farmington Casualty Companv ~ ~. =.._ . '" . '.. ~ - Fide6ry and Guaranty~Insurance Companv, Fideliy and Guaranty Insurance Underwriters, Inc. Seaboard Sureq~ Company St. Panl Fire and Marine Insurance Cnmparrv >r Aa ~r 27 ~a t ~19 ~ ~~~ ; seal,:~^~,, a ntYi ts~'t~uca tg,.=y ~ C . ~„cT,rt,'a Mule C. TelreeulL Notary Public ..m vn,,.v_. ru,e on,ucv ne nrrnvvrrv ,c uvei vi ~nnruni it ne yen vnvnev ~~ PERFORMANCE BOND No. 104942445 STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That Crescent Constructors, Inc./ whose address is 1100 Grinnell Avenue, Richardson, TX 75081, hereinafter called Principal, and Travelers /, a corporation organized and existing under the laws of the State of Texas, and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, in the penal sum of Four Hundred Twenty Seven Thousand DOLLARS~~427,000j.¢lus ten percent of the stated penal sum as an additional sum of money representing additional court expenses, attorneys' fees, and liquidated damages arising out of or connected with the below identified Contract, in lawful money of the United States, to be paid in Denton County, Texas, for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement, which increases the Contract price, buC 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 2007-119, with the City of Denton, the Owner, dated the nth day of June A.D. 2007, a ccopy of which is hereto attached and made a part hereof, for Bid 3776 -Pecan Creek Water Reclamation Plant Gravity Filter Improvements. NOW, 'THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill all of the undertakings, covenants, terms, conditions and agreements of said Contract in accordance with the Plans, Specifications and Contract Documents during the original term thereof and any extension thereof which may be granted by the Owner, with or without notice to the Surety, and during the life of any guaranty or warranty required under this Contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby waived; and, if the Principal shall repair and/or replace all defects due to faulty materials and workmanship that appear within a period of two (2) years from the date of final completion and final acceptance of the Work by the Owner; and, if the Principal shall fully indemnify and save harmless the Owner from all costs and damages which Owner may suffer by reason of failure to so perform herein and shall fully reimburse and repay Owner all outlay and expense which the Owner may incur in making good any default or deficiency, then this obligation shall be void; otherwise, it shall remain in full force and effect. PB - 1 i ~. i 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. ] 9- 1 of the Insurance Code, Vemon's Annotated Civil Statutes of the State of Texas. IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of which shall be deemed an original, this the 1 4 day of June 2007 / ATTEST: y~ ~ o0 6t BY: SECRETARY ATTEST: PRINCIPAL Crescent Con/structo)rs, Inc. BY: ~~/ /[ ~ / / RESIDENT Michael Daigre SURETY ~-=1:GC--~~ Travelers Casualty & Surety i .~ 3Y: / Ames P. Fulton gY. ~~~~ //~ ATTORNEY-IN-FACT Chris M. Hill The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is: NAME: Harris F. Underwood III, Inc. STREET ADDRESS: 3114 Main Street .Dallas, TX 75226 (NOTE: Date of Performance Bond must be date of Contract. If Resident Agent is not a corporation, give a person's name.) PB-2 1~„ 0~ ~~ ~~ i PAYMENT BOND No. 1 04942445 i ' STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That Crescent Constructors, Inc./ whose address is 1100 Grinnell Drive, Richardson, TX 75081. hereinafter called Principal, and Travelers / a corporation organized and existing under the laws of the State of Texas ,and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, and unto all persons, firms, and corporations who may furnish materials for, or perform labor upon, the building or improvements hereinafter referred to, in the penal sum of Four Hundred Twenty Seven Thousand DOLLARS~427,000~~n lawfiil 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 2007-119, with the City of Denton, the Owner, dated the 5th day of June A.D. 2007+~a copy of which is hereto attached and made a part hereof, for Bid 3776 -Pecan Creek Water Reclamation Plant Gravity Filter Improvements. 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 tiled 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 .. "fhis 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 4 copies, each one of which shall be deemed an original, this the 1 4 day of June 2007./ A'T'TEST: Crescent Constructors, Inc. BY: SECRETARY ~4flC/~~(. ATTEST: l / . ~6 ~~~ BY: ~~ '~ / PRESIDENT Mic e Daigre BY: ames P. Fulton PRINCIPAL SURETY Travelers Casualty & Surety Co. , ATTORNEY-IN-FACT Chris M. Hill The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is: NAME: Harris F. Underwood III, Inc STREET ADDRESS: 3114 Main Street Dallas, TX 75226 (NOTE: Date of Payment Bond must be date of Contract. If Residenl Agent is no[ a corporation, give a person's name.) PB-4 `~ ,~\o'I ~~ SP TRAVELERS POWER OF ATTOKNF,Y Farmington Casmlty' Cnmpan}' S1. Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company SL Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America SL Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Cnmpany Attorney-In Fact No. z 14950 Certificate No. o O 1 5 7~ v7 8 V KNOW ALL MF,N HY THESE. PKESENTS: That Swboard Surety Company is a corporation duly organized under the laws oC the State of Ncw York, that St. Paul Pire and Marine Inmranec Company, SL Paul Guardian Insurtnce Company ~ SL Paul Mercury Insurance Company arc corporations duly organized under the laws oC the Stale of Minnesota, that Parmington Casually Company, Travelersty and Surety Company, and Travelers Casually and Surety Company of Antericu are co[porations' duly organized under [he laws oC the State of Connecticut, that United Slates Fidelity and Guaranty Company is a corporation duly organized under the Taws of the Smte of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the Slate of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State oC Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Cash R. Harbaugh, Chris M. Hill,"and Donald G. Murray of the City of UdllaS ,Slate oC TCXa$ ,their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more Than one is named above, to sign, exceute, seal and acknowledge any and all bonds, recognizunces, conditional undortakings and other writings' obligatory in the nature IhereoC on behal(o( the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of ~ `' contracts and executing or guaranteeing bonds and undertakings reyuired or permifledin any actions oeproceedings allowed by law. a ~~ ~~~~ ~~~~ t,'pry~q'~y IN WITNESS R'HF,KIiOF, the Companies have caused this ine'try~m~t ~b~ g~~d~~,r~u~~ir cotpo~f~eals to he hereto affixed, this 162h April ~ 2007 ~,ta\y.~ ~<y. day oC ~" ~ t/ Fa~Casually Cutup n,~'~~®~ - Fidelity and Guaranty'{Insuraucc Cnn~aoy a~ xx xrn Fidelity and Guaranty Insurance Underwater Seaboard Surety Company SL Paul Fire and Marine Insurance Cnmpany ~' SL Paul Guardiau Insurance Company SL Paul Mercury Insurance Company' Inc. Travelers Casualty and Snrcty Company Travelers Casualty and Surely Cnmpany of America United Slates Fidelity and Guaranty Company cs a r W~ vwrr 2 yn9q,~ ff ~. y ~~, .. ~._SUh pr m>a qJ~m ham N°°W'h Y.r/~ so r?~ O r 9 Y a~ P.'o~vop ~ ~!~~ ~S V r912 O 3 Ilal ' ar.b ply h~f.~m wp,Y0F11~... Pa ,y t ~' i 1977 1927 ~. ~£ ~ ~~ aumm~a. atmwro, 5 r"~o io ~ w by,a'~,5'p ~~ 19$1 ~O ~oT ~;SE aL,`,+ ~~SHAL's° `+CONN. >n g@car'+. c ..1 y~ ~ ' o >~t.......'1J my ~ n~ .1 r+' ~` Ncy1~N' ~m~tnrvCtG °IS.~M~D!• ` :'n ,. .~.....'' rAyt A1N Slate of Connecticut City of Hartford ss. Isy: ~ Gmrge ''1'homp~on, color /iw Pmsidem On this the 16th da of April 2007 Y ,before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice Pres'iden[ of Farmington Casually Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surey Company, SL Paul Fire and Marine Inmrance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Trrvelers Casualty and Surety Company, Travelers C:aualry and Surety Company of America, and United Stu[es Fidelity and Guaranty Company, and That he, as such, being authorized so to do, executed [he foregoing instrument far the pu[poses therein contained by signing on behalf of the corporations by himself as a duly authorized officer. ~p.TET~ In Witness Whurxrof, I hereunto set my hand and official seal. TAO My Commission expires the 30th day of ]one, 201 I. ~ ~OUBIA~ ,~ ~,s 58440-8-06 Printed in U.S.A. THIS POWER OF ATTORNEY IS V Marie C. Teneaul4 Notary Public THE RED BORDER D~SP y:: This Power of Auomey is' granted under and by the authority of the (allowing resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidi~li[y and Guaranty Insurance Company, Pidclity and Guaranty Insurance Underwriters. Inc., Seaboard Surety Company, SL Paul Fire and Marine Insurance Company, SC Paul Guardian Insurance Company, S[ Puul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the Presidem, any Vice Chairman, any Hxuutive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assis'lant Secretary may appoint Attorneys-io-Fact and Agents to act for and on behalf o(Ihe Company and may give such appointee such authority as his or her certificate of authority may prescribe m sign with [he Compady's name and seal with the Company's seal bands, recognizances, contracts of indemnity, and other writings obligatory in the namrc of a bond, recognizance, or conditional undertaking, and any of said ol7 icers or the Roard of Directors at any time may remove any each appointee and revoke the power given him or her; and it is ' FUR'1'HP:R RESOLVED, Thai the Chairman, the President, any Vice Chairman, any Executive Vice Pmsident any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more offcers or employees of this Company, provided that each such delegation is in writing and a copy thereof is' filed in the office of the Secremry; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, rewgnizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President any Second Vice President, [he'preasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with [he Company's seal by a Secretary or Ass'isiant Secretary; or (h) duly executed (under seal, i(required) by one nr mare A¢ameys-in-Pact and Ageme purwanl to the power prescribed in his or he[ certificate or (heir cenificales of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature ofench of the following officers: President, any Executive Vice P[esident any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of [he Company may be affixed by facsimile [a any power of attomey or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact far purposes only of executing and attesting bands and undertakings' and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attzched. I, Kori M. Johanson, the undersigned. Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Pidclity and Guaranty Insurance Underwriters, Inc.. Seaboard Surety Company, SL Paul Pire and Marine Insurance Company, Sl. Paul Guardian Insurance Company, SL Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Sure~ty~ompu~y®oef.Ameri~,band United Slatzs Pidclity and Guaranty Company do hereby certify that the above and foregoing is' a true and cortect copy of the PowerofyAttomey executed by s`mdCompanias, which is in full force and effect and has not been ~r~ revoked. ~~~~~~~ ~~ 1~ .~ )~ -(y~~,~~ IN TE597NONY WHEREOF, I have hereunto set my hand and;affl~xe~ a se~l ~f~~said~Cy pontes this ~~ d/ay of ~ Tim P , 20 jj] ~~ Y ~ V Kori/M. JOohNan{sZ Assistant Sccremry ~rsu~~r` ~~..]],,r~,,'yy'tt~~f'' 'JWErr '~ [ ' o°M_irTO ey:".'~'<ry.s e.~~ a Syewyna 4,~rt Map 2 dv°W fT ~l~' 'h Q'e~ven 1 '.. R u`1 Y o E etc .ir r'+ /:,: wvov~r~^ 1957 ,a ~ saxL;p ~. d`'+.";":s° ~9 trrt ~ ~answ'~ '®' ~:SE ALr ~ r+~co""R0.•R~ ~ d- °~'gn~6SR ry N ' ~6urs NCE `~ lsu iwian °i < AM To verify the authenticity of this Power of Attomcy, call 1-800-421-38R0 or concoct us at wwwstpuultmvelersbond.cam. Please refer to the Attorney-In-Pact number, the above-named individuals and the de[ailc of the bond to which the power is attached. , WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER ACORD,N CERTIFICATE OF LIABILITY INSURANCE DATEIMMIDD/VYVVI PRODUCEfl 1 HARRIS F. UNDBRWOOD III INC. 3114 MAIN STREET THIS CERTIFICATE IS ISSUED AS A MATTER OF .INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P. O. BOX 710039 DALLAS, TX 7$371-0039 INSURERS AFFORDING COVERAGE NAIC# INSURED CRESCENT CONSTRUCTORS, INC. , `! INSURER A: OKLAHOMA SURETY CO 23426 PELICAN EQUIPMENT, LLC Iul~'^ INSURER B: GENERAL INSURANCE CO. OF AMERI 24732 1100 GRINNSLL DR. ~\n~\D INSURER c: AMERICAN INTERSTATE INSURANCE 6807 RICXARDSON, TX 7$081-$817 1 ~ INSURER D: HANOVER INS CO GRP 884 CRESO2 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANV CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BV THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAV HAVE BEEN REDUCED BV PAID CLAIMS. INSR DD'L POLICY NUMBED POLICY EFFECTIVE POLICY EXPIRATION T M LIMITS A GENERAL LIABIUT GL00064598 09/12/2006 09/12/2007 EACH OCCURRENCE 5 1000000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES Ea occurence S )DODO CLAIMS MADE ©OCCUR MED EXP IAny one person) 5 PERSONAL&ADV INJURY 5 SO DOOOO GENERAL AGGREGATE 5 2000000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGG 5 2000000 POLICY PROT LOC B AUT OMOBILE LIABILITV~ O3CN4371081 02/23/2007 02/23/2008 COMBINED SINGLE LIMIT 5 X ANV AUTO/ IEa eccidenq 100000 ALL OW NED AUTOS BODILY INJURY S SCHEDULED AUTOS IPer person) HIRED AUTOS BODILY INJURY S NON~OWNED AUTOS IPer accitlentl PROPERTY DAMAGE S IPer accident) GAR AGE LIABILITY AUTO ONLY-EA ACCIDENT S ANV AUTO EA ACL OTHER THAN $ AUTOONLV: AGG 8 A EXCESSNMBRELLA LIABILITY %9145918 09/12/2006 09/12/2007 EACH OCCURRENCE s 1000000 X OCCUR ~ CLAIMS MADE AGGREGATE S )000000 5 DEDUCTIBLE 3 X RETENTION SIOOOO y C WORKERS COMPENSATION AND / ' TVWCTZ3 53 6812 00 6 )0/12/2008 lO/12/20O7t WC STATU~ H- EMPLOYERS LIABILITY ANY PROPRIETOfiIPARTNERIEXECUTIVE E.L. EACH ACCIDENT B $00000 OFFICERIMEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE S $00000 If yes, describe antler SPECIAL PROVISIONS below EL DISEAGE-POLICY LIMIT S $00000 D orHER zTID8755855oz 0$/12/2007 0$/12/2008 LEASED/RENTED 300000 CONTRACTORS EQUIPMENT DEDUCTIBLE 1000 DESCRIPTION OF OPERATIONS I LOCATIONS /VEHICLES / E%CLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS RS: PECAN CREEK WATER RECLAMATION PLANT GRAVITY FILTER IMPROVSMSNTS CERTIFICATE HOLDER IS NAMED ADDITIONAL INSURED, WAIVER OF SpBRO~TTON IS INCLUDED AND COVSRAGB IS PRIMARY AND NON-CONTRIBUTORY ON GENERAL LIABILITY COVERAGE. ~-- CITY OF DENTON~ 901E TEXAS STRSST DSNTON, TX 76201 12007 /081 SHOULD ANY OF THE ABOVE DEBCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAII 30~ D VG WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO 00 80 SNAIL IMPOSE NO OBLIGATION OR LIABILITY OF ANY HIND UPON THE INSURER, ITS AGENTS OR AUTHORIZED ® ACORf]