Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
2007-134
ORDINANCE NO. oS O,Or- AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE INSTALLATION OF A DIGESTER COVER AT THE CITY OF DENTON PECAN CREEK WATER RECLAMATION PLANT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 3796-PECAN CREEK WATER RECLAMATION PLANT DIGESTER IMPROVEMENTS AWARDED TO CRESCENT CONSTRUCTORS, INC. IN THE AMOUNT OF $643,000). WHEREAS, the City has solicited, received and tabulated competitive bids for the construction of public works or improvements in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or improvements described in the bid invitation, bid proposals and plans and specifications therein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The following competitive bids for the construction of public works or improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids: BID NUMBER CONTRACTOR AMOUNT 3796 Crescent Constructors, Inc. $643,000 SECTION 2. The acceptance and approval of the above competitive bids shall not constitute a contract between the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, and insurance certificate after notification of the award of the bid. SECTION 3. The City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein. SECTION 4. Upon acceptance and approval of the above competitive bids and the execution of contracts for the public works and improvements as authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the ~ day of ,2007. Q~~ rn~~~ PERRY R. McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY ~~ APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: / 3-OR - ~ 796 CONTRACT AGREEMENT STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT, made and entered into this 19th day of June A.D., 2007, by and between City of Denton of the County of Denton and State of Texas, acting through Geor e C. Cam bell thereunto duly authorized so to do, hereinafter termed "OWNER," and Crescent Constructors Inc. 1100 Grinnell Dr. Richardson TX 75081 of the City of Richardson, County of Dallas and State of Texas ,hereinafter termed "CONTRACTOR." WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by OWNER, and under the conditions expressed in the bonds attached hereto, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified below: Bid #3796 -Pecan Creek Water Reclamation Plant Digester Improvements in the amount of Six hundred forty-three thousand dollars and no cents ($643 000 001 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: Camp Dresser and McKee Inc 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 azising 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 pazagraph 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 aze 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 in the year and day first above written. TEST: ATTEST: ~~~~ ~OUGLJ~S ~ 1 L S~~ APPROVED AS TO FORM: YE"A" TOR~IVEY City of Denton OWNER (SEAL) C,~fS~.~~ (,oX~,~lacT,~ (~~~ CONTRACTOR '~` ~ i~ ~~° b c X, Sd~ MAILING ADDRESS ~972~ 7~3 =' 69a) PHONE NUMBER ~~~ 9~7- Z~9S F CN R BY: ' ~ . / ~ TITLE ~~JJ~~ Il~ IT1~r,~~-7~ ~~ ~Ai~-,P,~ PRINTE NAME (SEAL) CA-3 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 [ow 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 notiftcation that the contract has been accepted, approved, and signed by the City of Denton. All insurance policies proposed or obtained in satisfaction of these requirements shall comply with the following general specifications, and shall be maintained in compliance with these general specifications throughout the duration of the Contract, or longer, if so noted.• • Each policy shall be issued by a company authorized to do business in the State of Texas with an A.M. Best Company rating of at least A. • Any deductibles or self-insured retentions shall be declazed 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 guazanteeing 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 primazy 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 CII~INGE 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 IO DAYS ADVANCE WRITTENNOTICE 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 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 Own~Zrs-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. 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 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 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 tames 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 aze 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 Iusurauce 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 appeaz. [ ] Commercial Crime Provides coverage for the theft or disappeazance 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 regazdless 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 ftunishes 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 yeaz 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 aze required to be covered, and stating how a person may verify coverage and report lack of coverage. L 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 pazagraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they aze providing services. J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that al] coverage agreements will be filed with the appropriate insurance can•ier 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. - _ City of Denton, Texas Pecan Creek Water Reclamation Plant Digester Improvements SECTION 00300 - BID FORM - PROJECT IDENTIFICATION: City of Denton Pecan Creek Water Reclamation Plant Digester Improvements Project Bid No. 3796 - i THIS BID IS SUBMITTED TO: Purchasing Department City of Denton 901-B Texas Street Denton, Texas 76209 THIS BID IS SUBMITTED BY: ( ~ uc~~~ 1/>I~ , N ~rr5a-~ ARTICLE 1. The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an agreement with OWNER in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in the Agreement and in accordance with the other terms and conditions of the Contract 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 fully set forth in the Agreement, [hat: 3.1 Bidder has examined copies of all the Contract Documents and of the following Addenda (receipt of all which is hereby acknowledged): Date Number Authorized Signature _ / / ~. 3.2 Bidder has visited the site and become familiarized with the nature and 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 famishing of the Work. 3.3 Bidder has obtained and cazefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests and studies which pertain to the subsurface or physical conditions 0o3oo.ane 00300-1 May 2007 City of Denton, Texas Pecan Crcck Water Reclamation Plant Digester Improvements at the site or otherwise may affect the cost, progress, performance or furnishing of the Work as Bidder considers necessary for the performance or famishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Confract Documents, including specifically the provisions of '-' paragraphs 4.02 and 4.03 of the General Conditions; and no additional examinations investigations, explorations, tests, reports or similar information or data are or will be required by Bidder for such purposes. 3.4 Bidder has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. 3.5 Bidder has given ENGINEER written notice of all conflicts, errors or discrepancies that it has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to Bidder. 3.6 This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or roles of any group, association, organization or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any person, firm or corporation to refrain from bidding; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or aver OWNER. ARTICLE 4. Bidder will complete the Work in accordance with the Contract Documents for the following lump sum price(s), as specified in text form, and numerically: 4.1 BIDDERS BID AMOUNT Item A -Digester Cover Lump Sum Bid: This lump sum item consists of famishing all supervision, labor, materials, tools, equipment, incidentals and related items required for installation of one radial beam type, gas storage digester cover and all appurtenances identified in these Specifications and shown on the Drawings. Lump Sum Bid: Sg3v ~a~, ~~ dollazs Item B -Demolition and Sludge Disposal Lump Sum Bid: This lump sum item consists of famishing all supervision, labor, materials, tools, equipment, incidentals and related items required for the demolition of the existing digester cover, sludge removal, and digester cleaning. S. ~$ ~ 0 Total Lump Sum 1 60.00 Bid (Items A and B) ~ouS dollars -1 oo3ao.an~ 00300-2 ntayzoos ._ City of Denton, Tezas Pecan Creek Water Reclamation Plant Digester Improvements Lump Sum Bid: Si X rL/UNd!'e~ %or{~y 7~~ee /hov5¢~-~J OQ . The Pecan Creek Water Reclamation Plant Digester Improvements Project will be awazded to the lowest responsible bidder as identified in the Contract Documents. 4.2 MANUFACTURERS This Bid is based upon furnishing and installing major items of Equipment by [he following manufacturers: - No. Item Specification Section Manufacturer 1 Digester Cover* 13230 `mix,/` Westech Engineering, Inc. ~~I ^~ l __ * Indicates an "or equal" manufacturer is acceptable for write-in. 4.3 PROPOSED SUBCONTRACTORS The following information gives the name, business address, and portion of work (description and dollar amount of work to be done) for each subcontractor that will be used in the work in the Bidder is awazded the Contract. No subcontractor doing work in excess of 3 percent of the total amount of the Bid who is not listed below shall be used without the written approval of the OWNER. Additional supporting data may be attached to this page. Each page shall be sequentially numbered and headed "Proposed Subcontractors," and shall be signed. Firm Name Business Address _. Descri tion of Work Dollaz Amount 6CECan-fr$~ ' ~~~ /D e °er,~ ~e~~t opt r.~of~l-~ TX 7C/2 ARTICLE 5. Bidder agrees that the Work will be completed within the following time(s): 5.1. Bidder agrees to be Substantially Completed with all contracted Work within 300 calendar days from the date when the Notice to Proceed is issued, and completed and Ready for Final Payment within 30 calendar days after Substantial Completion in accordance with Article 14 of the General Conditions within. The Project shall be completed and ready for final payment within 300 calendar days after the date when the Contract Time commences to run. 00300.dac 00300-3 May 2007 City of Denton, Texas Pecan Creek Water Reclamation Plant Digester Improvements 5.2 Bidder accepts the provisions of the Agreement as to Liquidated Damages in the event of failure to complete the Work within the times specified in the Agreement. ARTICLE 6. The following documents are attached to and made a condition of this Bid: 6. ] Required Bid Security in the form of a certified check or a Bid Bond in the amount of 5% of the total Bid price. 6.2 Noncollusion Affidavit. ARTICLE 7. Communications concerning this Bid shall be addressed to the following address: Mr. R. Todd Townsend 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 defined in the General Conditions or Instructions to Bidders will have the meanings assigned to them. SUBMITTED on /OIQ ~ 2 / 2007 Approved By Attested By Seal (If a Corporation) _ CREf~.r~ Conl~Rl~C'v,~l M~~ (Name of Bidder) By Pl~t~'i D~ `1' (Title) (Address) ,~ _ ~ l~~A~~~~, l X~ ~~~~ (City and State) _ ~~~ti) 7~3-- ~3oI (Telephone Number) (Facstmrle Number) Note: If the Bidder is a corporation, indicate state of incorporation under signature and affix corporate seal; if a partnership give full name and residential addresses if different from business address. oosoo.aac 00300-4 May 2007 ACORD,N CERTIFICATE OF LIABILITY INSURANCE PRODUCER 1 THIS CERTIFICATE IS ISSUED AS A MATTE HARRIS F. UNDSRWOOD III INC. ONLY AND CONFERS NO RIGHTS UPON 3114 MAIN STRSST HOLDER. THIS CERTIFICATE DOES NOT R ALTER THE COVERAGE AFFORDED BY TH P. O. BOX 710039 ' DALLAS, TX 7$371-0039 INSURERS AFFORDING COVERAGE INSURED CRBSCBNT CONSTRUCTORS, INC. , INSURER A: OKLAHOMA SURETY CO PELICAN BQUIPMSNT, LLC DATE IMM/DD/YYYVI THE NAIC # (~ INSURER a: GENERAL INSpRANCS CO. OF AMSRI 2473 1100 GRINNSLL DR. ^\~I ~ INSURER a AMERICAN INTERSTATE INSORANCS 6807 RICXARDSON, TX 7$081-$817 S INSURER D: HANOVSR INS CO GRP 884 CRSS02 INSURER E: COVERAGES THE POLICIES OF INSURANCE 115TFn RRI rnn/ unvc occ.~ ,~..~ ~... _,. _.._ ..._..___ grvv HEOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER~DOCUMEN P P D D I I T WITH RESPECT TO WH CH TH $ ER IF LATE MAYY B EHSSUED MAV PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS OR POLICIES. AGGREGATE LIMITS SHOWN MAY HAV EXCLUSIONS AND , CONDITIONS OF SUCH E BEEN REDUCED BY PAID CLAIMS . INGR OD'L D POLICY NUMBEp POLIC ~ FFEpTIVE POUCY E%PoRATION A GENERAL LIABILITY CL0006}5988 09/12/2006 09/12/2007 - LIMI TS X COMMERCIAL GENERAL LI ACH OCCURRENCE g 1000000 ABILITY CLAIMS MADE OCCUR DAMAGE TO RENTED PREMISES Ea occmence g l 0000 MED EXP IAny one person) g PERSONAL&ADV INJURY 4 )000000 GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE g 2000000 . POLICY PRO LOC PRODUCTS-COMP/OP AGG g 2000000 B AU TOMOBILE LIABILITY O1CX43720a1 ~ 02/23/2007 02/23/2008 X ANY AUTO COMBINED SINGLE LIMIT ALL O W NED AUTOS IEa accitlenD g 1000000 SCHEDULED AUTOS 9001LY INJURY (Per Oersonl g HIRED AUTOS NON-OWNED AUTOS BODILY INJURY g IPer accitlenq PROPERTY DAMAGE IPer accitleml g GAR AGE LIgBILITY ANV AUTO AUTO ONLY-EA ACCIDENT 9 OTHER THAN EA ALC g AUTO ONLY: A E%C ESSNMBflELLA UABILITY 55345938 qGG g 09/12/2006 09/12/2007 EACH OCC X occuR CLAIMS MADE URRENCE 9 1000000 AGGREGATE g )000000 DEDUCTIBLE g X RETENTION $10000 g C WORKERS COMPENSATION qND - g EMPLOYERS'LIABILITY TVMCTd153691200 10/12/2006 10/12/2007 1( WC STATU~ ANY PROPRIETOR/PARTNERIE%ECUTI VE EL EACH ACCIDENT g $00000 OFfICERIMEMBER EXCLUDEDP Ityes, tlescribeuntler E.L. DISEASE - EA EMPLOYEE g $QQQQO SPECIAL PROVISIONS below D OTHER E.L. DISEASE-POLICY LIMIT g $00000 zrma755assD1 0$/12/2007 0$/12/2008 LEASED/RENTED 300000 CONTRACTORS EQUIPMENT DEDUCTIBLE 1000 DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES /EXCLUSIONS ADDED BYENDORSEMENT /SPECIAL PROVISIONS PECAN CRSSR WATER RECLAMATION PLANT DIGESTER IMPROVSMSNT3 / CSRT CATS HOLDER IS NAMED ADDITIONAI• rNepRSD WAIVER OF SU , BRDGA~NCLUDSD AND COVERAGE ZS PRIMARY A NON-CONTRIBUTORY ON GENERAL LIABILITY COVERAGE . CITY OF DSNTON 9018 TEXAS STRSST DSNTON, TX 76201 SHOULD ANY OF THE ABOVE DESCPoBED POLICIES BE CANCELLED BEFO-R.E TH/E EXPIRATION DgTE THEflEOF, THE ISSUING INSUREfl WILL ENDEAVOR TO MAIL 30 /ppy5 WRITTEN NOTICE TO THE CEflTIFICATE HOLDEfl NAMED TO THE LEFT, BUT FAILURE TO DO 50 SHALL IMPOSE NO OBLIGATION OR UABILITY OF ANY KIND UPON THE INSUREfl, ITS AGENTS Ofl REPRESENTATIVES. AUTHORIZED REPRESENTgTWC 12001 /081 _ ..,, ~/ ' !„ A m PERFORMANCE BOND No. 1 04961 703 STATE OF TEXAS §. COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That Crescent Constructors. Inc~ose address is 1100 Grinnell Drive Richardso -Texas 75081 hereinafter called Principal, and Travelers Casualty & Surety Co. , 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 Six hundred forty-three thousand~DOLLARS ($643,000.OOj-plus ten percent of the stated penal sum as an additional sum of money representing additional court expenses, attorneys' fees, and liquidated damages arising out of or connected with the below identified Contract, in lawful money of the United States, to be paid in Denton County, Texas, for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. This Bond shall automatically be increased by the amount of any Change Order 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 2007-134, with the City of Denton, the Owner, dated the 19th day of June A.D. 2007 ,/a copy of which is hereto attached and made a part hereof, for Bid #3796 -Pecan Creek Water Reclamation Plant Digester Imnrovements / NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill all of the undertakings, covenants, terms, conditions and agreements of said Contract in accordance with the Plans, Specifications and Contract Documents during the original term thereof and any extension thereof which may be granted by the Owner, with or without notice to the Surety, and during the life of any guaranty or warranty required under this Contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby waived; and, if the Principal shall repair and/or replace all defects due to faulty materials and workmanship that appear within a period of two (2) years from the date of final completion and final acceptance of the Work by the Owner; and, if the Principal shall fully indemnify and save harmless the Owner from all costs and damages which Owner may suffer by reason of failure to so perform herein and shall fully reimburse and'repay Owner all outlay and expense which the Owner may incur in making good any default or deficiency, then this obligation shall be void; otherwise, it shall remain in full force and effect. PB-1 PROVIDED FURTHER, that if any legal action be filed upon this Bond, exclusive venue shall lie in Denton County, State of Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc., accompanying the same, shall in anywise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc. This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, as amended, and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Denton County to whom any requisite notices may be delivered and on whom service of process may be had in matters azising out of such suretyship, as provided by Article 7.19- 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 9 day of June 2007 / . ATTEST: ~L BY: --~~~~/ '~ SECRETARY ATTEST: PRINCIPAL Crescent Constructors, Inc. BY: ~ ~ /i/ , PRESIDENT Mic el Daigre SURETY Travelers Casualty & Surety Co. BY: ~~--C~ / mes P. Fulton BY: ~~-U-v /r9 ~/<~~ 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 ^~oo~ ~` PAYMENT BOND No. 1 04961 703 STATE OF TEXAS COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS: That Crescent Constructors, Inc whose address is 1100 Grinnell Drive, Richazdson, Texas 75081 ,hereinafter called Principal, and Travelers Casualty & Surety ty~.~~rporation organized and existing under the laws of the State of Texas ,and fully authorized to transact business in the State of Texas, as Surety, aze 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 corporation§ who may furnish materials for, or perform labor upon, the building or improvements hereinafter referred to, in the penal sum of Six hundred fortv three thousand/ DOLLARS ($643,000.OONn 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 2007-134, with the City of Denton, the Owner, dated the 19th day of June A.D. 2007 ,/a copy of which is hereto attached and made a part hereof, for Bid #3796 -Pecan Creek Water Reclamation Plant Digester Imnrovements/ 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 4 copies, each one of which shall be deemed an original, this the 19 day of June 2007 ATTEST: BY: SECRETARY ATTEST: BY: ~_~c~e~ ames P. Fulton PRINCIPAL Crescent Constructors, Inc. PRESIDENT i ael Daigre SURETY Travelers Casualty & Surety Co. BY: C~ /r9. /~/~~~ 1/ 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 Resident Agent is not a corporation, give a person's name.) PB-4 1 ~~~SP TRAVELERS PowEx of nr•roxNev Farmington Casualty Company Sl. Paul Guardian Insurance Company Fidelity and Guaranq° Insurance Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surely Company Seaboard Surely Company Travelers Casualty and Surety Company of America SL Paul Fire and Marine Insurance Company United States Fidelity and Cuaran'l}' Company Atlorney-In Fact Na. 21495 Certificate No, O O ~ ~ ~ 1 J r KNOW ALL MEH BY THESE PRESENTS: That Seaboard Surety Company is a co~pomtian duly organized under the laws of the Stale oC New York, that SL Poul Fire and Marine Insumnce Company, St. Paul Guardian Inwronce Company and SL Puul Mercury Ins'uranc ompuny are corporations duly organized under the Inws of the State of Minnesota, that Farmington Casuahy Company, Travelers Casuahy and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under [he laws of the State of Connecticut, That United Stores' Fidelity and Guarunry Company is a corporation duly organized under the laws of the State of Mat}'land, That Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwritors, Inc. is u corporation duly o~ani'zed under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, ronstimte and appoint Cash R. Har6augh, Chris M. Hill,'3nd Donald G. Murray of the City of Dd11a5 ,Slate of TO%a$ ,their uuc and lawful Attorney(s)-in-Fact, each in (heir s'epurme capacity if more than one is named above, Io sign, execute, seal and acknowledge any and all bands, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf uC the Companies in thembusiness ~guuranleeing the fidelity of persons, guarameeing [he performance of contmcls and executing or guaranteeing bonds and undertakings reyuimd or permitted in any actions or.proceedings allowed by law. ~ ~ ~ ~ ~~ IN WITNESS WHEREOF, the Compamies have caused this inss~ meet [o b~igncd~n~t~r cor~p~ne seals to be herein afFlxed, this 16Sh da of April 2007 / 4A.3~' ~~'Y ~~-~ y / ''~y`` Farmington Casually Compati}'' 4 ~~ - Ag~ Fidelity and Guaranty°Insuranci Company Fidelity and Guarant}~Insu~ utce Underw[ l rs, Inc. Seaboard Surely Company SL Paul Fire and Marine Inwrmce Company St. Paul Gtmrdian Insurance Company SL Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelen Casualty and Surety Company of America United Slates Fidelity and Guaranty Company ~r.sVn/ri Sa9Fry XX IxS V Ho Y ~yd'°W x ~~ i eO.....a..:Ly j/p/~a';".~. a'~~ YmsarrYq 4~~ 3 S' (1 ~anPoatrm ~(',U^Y ^~>~~ f ~OPpOR9lr::.,ny C O 8e ___ 3 fi~•~ o 'g 1977 g 1927 ^ ~~^ - t x; ` ; ~ :~ xunrann, ~ ~w. Q ~ t1p~' e ii` 19$1 s. ,t o '~SE 0.L:ioI %58RL:'e ~n ~' ~1' .+ r N .V ~ `~OFM17-.V1" ~s~e.,ucY. 'lS. ANXA, ~Y MI ' °__.r- • ~'° stn Stole of Connecticut City of Hartford ss. By: Georg Thompmn, enior /ice Prcaidem On this the 16th day of Apfi 2UD7 before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Fanninglon Casualty Company, Fidelity and Guaranty Insumnce Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Pire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insumnce Company, Travelers Casualty and Surety Company, 'Cravelers Casualty and Surety Company of Americo, and United States Fidelity and Guaranty Company, and [hat he, as such, being authorized so m dq executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized office . ~p,Tf7~ In Witness Whereof, I hereunto set my hand and official seal. ~ My Commission expires [he 30th day of June, 2011. ~ t0!/BUGS 58440-8-06 Printed in U.S.A. © ^~ Marie C. 7ctre uIL Nomry Public 'Chic Power of A¢orncy is grained uncle[ and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, hide9ily and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company. SL Paul Pire and Marine Insurance Company, SL Paul Guardian Insurance Compmry, SL Paul Mercury Insurance Company. Travelers Casualty and Surely Company, Travelers Casually and Surety Company of America, and United States' Pidelily and Guaranty Company, which resolutions' are now in full force and effect, reading as follows: RESOLVED, that the Chuinnun, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President any Vice President any Second Vice President dte Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as' hie or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizunces, contracts of indemnity, and other writings obligatory in the nature of a bond, incognizance, or conditional undertaking, and any of said oCGeers or [he Roard of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVEU, that the Chairman, the President any Vice Chairman, any Executive Vice President any Senior Vice Pinsiden[ or any Vice President may delegate all or any putt oC dIe foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy (hereof is filed in [he office of the Secretary; and ii is FURTHER RESOLVED, Thal any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall he valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any As'sistam Treasurer the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal h)' a Secretary or Assistant Secretary; or (b) duly executed (under seal, iC required) by one or more Attorneys-in-Pact and Agents pursuant to the power prescribed in his or her certificate or [heir certifcutes' oC authority or by ore or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature o(each of the following officers: President any Executive Vice President any Senior Vice President, any Viee President any Assistant Vice President any Secretary, any Assistant Secretary, and the seal of the Company may he affixed by facsimile to any power oC altomey or to auy certificate relating thereto appointing Resident Vice Presidents, Resident Assistam Secretaries or Attorneys-in-Fact for purposes only of executing and uttes'ting bonds and undertakings and other writings obligmory in the nature [hereof, and any such power of ullomey or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and ecrlified by such facsimile signature and facsimile seal shall he valid and binding on the Company in the Cm~re with respect to auy bond or understanding to which i[ is attached. I, Kori M. Johanson, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, SL Paul Fire and Marine Insurance Company, SL Paul Guardian Insurance Company, SL Paul Mercury Insurance Company, Travelea Casualty and Surety Company, Travelers Casualty and Sur~yCotnpa~y~doAmeri~ „and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a we and correct copy o(the Power df~Amorney executed by smdCompanies, which is in full force and effect and has not been revoked ~~~~~~xy~ .cl~~~ { IN TESTIMONY WHEREOF. I have hereunto set my hart and ~xe~~e Se~ls' of said~Cgn~nies this ~ 9 day of t1UI1B . 20 Q7 ~~~ Y®~~ i~~~ . ~f Kori M. Johann Assistant S'ecre/tary V LI.SU9 ` SIWFIY 'x y OPM... MS px. ~x4U99 9gP~tx qHO ~` YO WfIP Y~ ~< G /~ 4' 9 /:1:. O ~JtOx VOxgif.m UpNPORq ~;:p ~ I`n t ~ #~ ^6 0 ~ xcaonrtaro 927 x~o p ... ~!j ~ ., l uP ~ ~ ~ ~~~ ~ ~ rte. 64``4x4~n ~ 1957 ,~ ~ ~ xy o? ;:sE ALS:~o; %`,.SBALi; ;O~ 9'f~i ..~ '~'M) S`_ .~r q~ oir.._, .: ~1 + FIN 1+ Oi M1£N qty uc~. °tFN 4N~ r ,Na 'I'o verify the amhenliciry of this Power of Attorney, call I-8W-421388(1 or contad us at wwwstpuultravelersbond.coin. Please refer to [he Attorney-In-Fact number the above-named individuals and the details of the band to which the power is' attached. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER