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HomeMy WebLinkAbout2002-379ORDINANCE NO. Ma?- AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF AN 18" REUSE WATERLINE TO OAKMONT COUNTRY CLUB; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 2899-18" REUSE WATERLINE TO OAKMONT COUNTRY CLUB AWARDED TO TEXAS ELECTRIC UTILITY CONSTRUCTION, INC. IN AN AMOUNT NOT TO EXCEED $1,147,995.37). 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. That 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 2899 Texas Electric Utility Construction, Inc. $1,147,995.37 SECTION 2. That 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. That 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. That 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. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the IM day of ,2002 EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY.IdnJIUA APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY LWA 3-ORD- BID 2899 - CONTUCTUAL ORDINANCE 0 c o o— vi O LAn o (n Ln 2i Y N C N } y W. N U w x N 0' LU ~ ro n U G N M W W 2 Dr r W, >' Z Y u O O t 'O p0 t' O J 2 N In v Y i W > U O m U E 0 u pa c rMi In Vl O y2j > o u x � M 0, O. t C, w _ m w >Ln x L O m O v�i p m ik w TA IY C 2 F Hi toV1 m m O U' N y�q Loum Q EL O Q 0! f 6 c mu . 2i CONTRACT AGREEMENT STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT, made and entered into this 19`h day of November A.D., 2002, by and between City of Denton of the County of Denton and State of Texas, acting through Michael A. Conduff thereunto duly authorized so to do, hereinafter termed "OWNER," and Texas Electric Utility Construction 4613 Hwy. 1417 North Sherman. TX 75092 of the City of Sherman , County of Grayson 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 2899 —18" Reuse Waterline to Oakmont Country Club in the amount of $1,147,995.37 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 the plans, which includes all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by: City of Denton all of which are referenced herein and made a part hereof and collectively evidence and constitute the entire contract. CA-1 Independent Status It is mutually understood and agreed by and between City and Contractor that Contractor is an independent contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas, for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, worker's compensation, or any other City employee benefit. City shall not have supervision and control of Contractor or any employee of Contractor, and it is expressly understood that Contractor shall perform the services hereunder according to the attached specifications at the general direction of the City Manager of the City of Denton, Texas, or his designee under this agreement. Indemnification Contractor covenants and agrees to and does hereby indemnify, hold harmless and defend, at its own expense, Owner, its officers, servants and employees, from and against any and all claims or suits for property loss or damage and/or personal injury, including death, to any and all persons, of whatsoever kind or character, whether real or asserted, arising out of the Work and services to be performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or invitees, whether or not caused, in whole or in part, by the alleged negligence of the officers, servants, employees, of the Owner. Contractor likewise covenants and agrees to, and does hereby, indemnify and hold harmless Owner during the performance of any of the terms and conditions of this Contract, whether arising out of in whole or in part, any and all alleged acts or omissions of officers, servants, or employees of Owner. The provisions of this paragraph are solely for the benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other person or entity. Choice of Law and Venue This agreement shall be governed by the law of the State of Texas and venue for its construction and enforcement shall lie in the courts of Denton County, Texas. The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in written notice to commence work and complete all work within the time stated in the Proposal, subject to such extensions of time as are provided by the General and Special Conditions. The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the Contract. CA-2 IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. ATTEST: E T: SA��� APPROVED AS TO FORM: CITY ATTO CA-3 City of Denton O R BY: (SEAL) -fExPr3 Ell ctRtc UTiorf C0N.si72UCTlW CONTRACTOR `140l3 (4j&HwHy 1417 NORTH SHE1 TIW 7X 75O9Z t�O &?K 2-211 SNk-9ynAtJr7k 7517�i MAILING ADDRESS g03-893 —09y9 PHONE NUMBER 903 — (393 —3379 FAX NUMBER BY: p-e-s l> elAlfi TITLE d)AyID -W, GsrE- PRINTED NAME (SEAL) 457-0800 PROPOSAL TO CITY OF DENTON Denton, Texas October 29 , 20 02 PROPOSAL OF Texas Electric Utility Construction A Corporation organized and existing under the laws or the State or a partnership consisting of Er&astrux Group, Inc., and Texas Electric Utility Construction Management. the business name of an individual TO. Tom D Shaw, C.P.M , Purchasing Agent City of Denton, Texas 901-B Texas Street Denton, Texas 76201 PROPOSAL FOR 18" WATER REUSE LINE TO OAKMONT COUNTRY CLUB The undersigned, as Bidder, declares that the only person or parties interested in this proposal as principals are those named herein, that his proposal is made without collusion with any other person, firm, or corporation; that he has carefully examined the form of contract, Invitation For Bids, Instructions to Bidders, the General and Supplementary Conditions, Specifications, and the Drawings herein referred to, and has carefully examined the locations, conditions, and classes of materials of the proposed work; and agrees that he will provide all the necessary labor, machinery, tools, apparatus, and other items incidental to construction, and will do all the work and furnish all the materials as called for in the Contract Documents in the manner prescribed and according to the Plans and Specification requirements of the OWNER as herein set forth Accompanying this proposal is a (certified or cashier's check payable to the OWNER) (Bid Bond) in the amount of 5% of the total bid The bid security accompanying this Proposal shall be returned to the Bidder, unless in case of the acceptance of the Proposal, the Bidder shall fail to execute a Contract and file Performance and Payment Bonds within ten (10) days after its acceptance, in which case the bid security shall become the property of the OWNER, and shall be considered as payment for damages due to delay and other inconveniences suffered by the OWNER on account of such failure of the Bidder It is understood that the OWNER reserves the right to reject any and all bids received Prices shall be shown in words and figures. In the event of a discrepancy, the words shall govern for lump sum prices The undersigned hereby proposes and agrees to perform all work of whatever nature required, in strict accordance with the Plans and Specifications, for the following sum of prices, to wit 00300-1 r�3a�T•��r BID SCHEDULE FOR 18" WATER REUSE LINE TO OAKMONT COUNTRY CLUB Item Estimated Unit Description/Unit Price Unit Price Extended No. Quantity In Words in Figures T Amount 8,643 LF For furnishing and installing 18-inch diameter nonpotable water PVC, DIP, or RCCP pipe, including all taps, embedment, fittings and adapters, at all depths, complete in place, for the sum of Forty-one Dollars and .90399 Cents per linear foot. $ 41.90399 $ 362,176.21 2 2,138 LF For furnishing and installing 12-mch diameter nonpotable water PVC or DIP pipe, including embedment, fittings, valves and adapters, at all depths, complete in place, for the sum of Twenty-six Dollars and .69103 Cents per linear foot. $ 26.69103 $ 57,065.43 2,115 LF For furnishing and installing 8-inch diameter nonpotable water PVC or DIP pipe, including embedment, fittings, valves and adapters, at all depths, complete in place, for the sum of Nineteen Dollars and .86281__ Cents per linear foot $ 19.86281 $ 42,009.85 1,944 LF For furnishing and installing 6-inch diameter nonpotable water PVC pipe, including embedment, fittings, valves, disconnections and reconnections, and adapters, at all depths, complete in place, for the sum of Seventeen Dollars and .99954 Cents per linear foot. $ 17.99954 $ 34,991.10 13,638 LF For providing a trench excavation safety protection system in accordance with the Specifications and OSHA regulations, and the assumption of the responsibility of said protection system, complete in place, forthe sum of , One Dollars and,13614 Cents per linear toot $ 1.13614 $ 15,545.85 00300-2 457-0800 BID SCHEDULE FOR 18" WATER REUSE LINE TO OAKMONT COUNTRY CLUB Item Estimated Unit Description/Unit Price Unit Price Extended No Quantity In Words in Figures Amount 6 14,840 LF For providing a pollution prevention system for stormwater discharge in accordance with the specifications and the EPA regulations, and the assumption of the responsibility of said pollution prevention system, complete in place, for the sum of Zero Dollars and .28404 Cents per linear foot. $ 0.28404 $ 4,215.09 7 P 10 11 14,840 LF For providing utilities location, protection, and relocation, if necessary, in accordance with the Plans and Specifications, and the assumption of the responsibility of utility location, protection and relocation, complete in place, for the sum of Three _ Dollars and .12439 Cents per linear foot. $^3.12439 $ 46,366.01 615 LF For furnishing and installing 30-inch diameter steel casing pipe by boring, jacking or tunneling, complete in place, for the sum of Two Hun&ed Niae]y-five Dollars and .70401 ._— Cents per linear foot $ 295.70401 $ 181,857.96 137 LF For furnishing and installing 16-inch diameter steel casing pipe by boring, jacking or tunneling, complete in place, for the sum of One Hundred Forty-six Dollars and .74426 Cents per linear foot. $ 146.74426 $ 20,103.96 28 LF For furnishing and installing 18-inch bore (no casing required) complete in place, for the sum of One Hundred_ Fourteen Dollars and .26193 Cents per linear foot. $ 114.26193 $ 3,199.33 210 LF For furnishing and installing 12-inch bore (no casing required) complete in place, for the sum of One Hundred Ten Dollars and .41040 Cents per linear foot $ 110.41040 $ 23,186.18 U030U-3 457-0800 BID SCHEDULE FOR 18" WATER REUSE LINE TO OAKMONT COUNTRY CLUB Unit Price Extended Item Estimated Unit. Description/Unit Price No Quantity _ In Words in Figures Amount 12 75 LF For furnishing and installing 30-inch diameter steel casing pipe by open trench construction, completein place, forthesum of One Hundred Forty Five Dollars and ,76339 _ Cents per linear foot. $ 145.76339 $ 10,932.25 13 125 LF For furnishing and installing 18-inch diameter steel casing pipe by open trench construction, complete in place, for the sum Of _ Nine -seven Dollars an .43565 entsper rnearfoot. $ ,97.43565 $ 12,179.46 14 2 EA For furnishing and installing blow off assembly, including all valves, fittings, appurtenances, and equipment complete in place, for the sum of Three Thousand Two Hundred Fifty-five Dollars and .16028 Cents per each $ 1,255.16028 g 6,510.32 15 1 EA For furnishing and installing automatic air release valves, including vault, all equipment, fittings, and appurtenances, complete and in place, for the .sum of Five Thousand Nine Hundred Thirty-twcbollars and .11074 Cents each $ 5,932.11074 $ 5,932.11 16 2 EA For furnishing and installing gate valve vault, including all equipment, fittings, and appurtenances, complete and in place, for the sum of, Eleven Thousand One Hundred Eighty-foi0ollars and 93278 (rents each $ 11,184.93278 $ 22,369.87 17 5 EA For furnishing and installing manual air release valves, including valve box, all equipment, fittings, and appurtenances, complete and in place, for the sum of One Thousand Two Hundred Sixty-threbollars and .21710 l.errts each $ 1,263.21710 $ 6,316.09 UU30U-4 457-0800 BID SCHEDULE FOR 18" WATER REUSE LINE TO OAKMONT COUNTRY CLUB Item Estimated Unit Description/Unit Price Unit Price Extended No. Quantity In Words in Figures Amount 18 1 LS For all repairs to existing features, concrete and asphalt road and driveway removal and repair, sidewalk removal and repair, tree replacement, landscape and irrigation replacement, complete in place, forthe sum of. Seventy-three Thousand Eight Hundred Forty- •rune Dollars and _m?,i i Cents per lump sum. $ 73,849.31215 $ 73,849.31 _ 19 + LS Forfurnishing and installing the connections at Mayhill and Spencer Roads, including City -supplied butterfly valve, all valve vaults, piping extensions, equipment, fittings, and appurtenances, complete in place, for the sum Of Nineteen Thousand Four H mdre_d Thirty-three Dollars and .38969 Cents per lump sum $ 19,433.38969 $ 19,433.39 20 1 LS For furnishing and nstalling the disconnection and reconnection at the State School Elevated Tank ncluding a' equipment, fittings, and appurtenances, complete in place, for the sum of _ Six Thousand Six Hundred Ten Dollars and .53597 Cents per lump sum $_ 6,610.53597 $ 6,610.54 21 LS For furnishing and installing the connections at the Spencer Generating Station, including all electrical equipment, piping, fittings, metering manhole, valve vaults three gate valves with motor operators, concrete pads and appurtenances complete in place, for the sum of ty Thousand Three Hundred Ei htv-one oars and .79155 Cents per lump sum $ 70,381.79155 $ 70,381.79 22 1 LS For furnishing and istaliing the rnoaitications at the Water Reclamation Plant meter vault, including all equipment, piping, fittings, and appurtenances complete in place, for the sum of Four Thousand Four Hundred Twenty-three Dollars arid .13070 .rents per lump sum $ 4,423.13070 $ 4,423.13 00300-5 457-0800 BID SCHEDULE FOR 18" WATER REUSE LINE TO OAKMONT COUNTRY CLUB Item Estimated Unit Description/Unit Price Unit Price Extended No Quantity _ In Words ------in Figures Amount 23 1 LS Allowance for SCADA and electrical and instrumentation as described in section 01002, for the sum of FORTY-FOUR THOUSAND FOUR HUNDRED Dollars and NO Cents per lump sum. $ 44,400 $ 44,400 24 1 LS For pressure testing of 4700 LF of City - installed portion of water line, complete in place, for the sum of Three Thousand Four Hundred Eight dollars and .42979 cents per lump sum $ 3,408.42979 $ 3,408.43_^ 25 25 CY For furnishing and installing Class B concrete for additional blocking encasement, etc. as instructed by the ENGINEER or OWNER at locations not shown on plans complete in place, for the sum of Ninety-six dollars and .57218 cents per cubic yard $ 96.57218 $ 2,414.30 26 600 CY For furnishing and installing Class III granular embedment, complete in place, for the sum of One Hundred Thirteen dollars and .61433 cents per cubic yard $ 113.61433 $ 68,168.60 27 1 LS Deduct from Total Amount Bid to be proportionately applied to Items in the sum of Zero Dollars and Zero tents per um—( p sum.- TOTAL AMOUNT BID (Items 1-27), the sum Of One Million, One Hundred Forty -Eight Thousand, Forty-six Dollars and Fifty-six Cents U030U-ti 0.00000 $ 0.00 $ 1,148,046.56 $ 1,148,046.56 457-0800 Receipt is hereby acknowledged of the following addenda to the Contract Documents - Addendum No. 1 dated 10-24-02 Received Addendum No. 2 dated Received Addendum No. 3 dated Received Addendum No. 4 dated Received Addendum No. 5 dated Received Respectfully submitted, 10-24-02 Attested by: Signature Signbiffre q /� David W. Estes, President Ida � hnrIe,&.VIe.� 6e Printed Name and Title Pnnte ame and Title �' Texas Electric Utility Construction Company Name P.O. Box 2211 Mailing Address 4613 Highway 1417 North Street Address Sherman Texas 75092 City and State 903-893-0949 Telephone Number Seal and Authorization (If Corporation) 00300-8 PERFORMANCE BOND STATE OF TEXAS § COUNTY OF DENTON § Bond No. 6193450 KNOW ALL MEN BY THESE PRESENTS: That Texas Electric Utility Construction whose address is 4613 Highway 1417 North, Sherman, TX 75092 hereinafter called Principal, and Safeco Insurance Company of America , a corporation organized and existing under the laws of the State of Washington 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 One Million One Hundred Forty Seven Thousand, Nine Hundred & Ninety Five DOLLARS and Thirty Seven Cents ($ 1,147,995.37) 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 2002- 379 , with the City of Denton, the Owner, dated the 191h day of November A.D. 2002 a copy of which is hereto attached and made a part hereof, for Bid 2899 — 18" Reuse Waterline to Oakmont Country Club. 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 one (1) year 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. "e l PROVIDED FURTHER, that if any legal action be filed upon this Bond, exclusive venue shall lie in Denton County, State of Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc., accompanying the same, shall in anywise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc. This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, as amended, and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein .as the Resident Agent in Denton County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Article 7.19- 1 of the Insurance Code, Vemon's Annotated Civil Statutes of the State of Texas. IN WITNESS WHEREOF, this instrument is executed in Four copies, each one of which shall be deemed an original, this the 5tb day of December 2002 ATTEST: BY: `) SEC AR ATTEST: PRINCIPAL Texas Electric Util C straction Ltd. a BY: 06 4-1v, Wj"- PRESIDENT SURETY Safeco Insurance Company of America BY. Tevy or, Atorney-in-Fact BY: A TORNEY-IN-FACT Krista M. Stromberg, Attorney -in -Fact The Resident AWM of the Surety in Denton County, Texas for delivery of notice and service of the process is: NAME: Safeco Insurance Company of America STREET ADDRESS: 1600 N. Collins Blvd Richardson TX 75080 (NOTE: Date of Performance Bond must be date of Contract. If Resident Agent is not a corporation, give a person's name.) ' 4 1 \ I. UI STATE OF TEXAS § COUNTY OF DENTON § Bond No. 6193450 KNOW ALL MEN BY THESE PRESENTS: That Texas Electric Utility Construction, Ltd. whose address is 4613 Highway 1417 North, Sherman, TX 75092, hereinafter called Principal, and Safeco Insurance Company of America , a corporation organized and existing under the laws of the State of Washington , 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 One Million, One Hundred Foriy Seven Thousand, Nine Hundred & Ninety Five DOLLARS and Thirty Seven Cents ($1,147,995.37) 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 2002- 379 , with the City of Denton, the Owner, dated the 19`h day of November A.D. 2002 , a copy of which is hereto attached and made apart hereof, for Bid 2899 —18" Reuse Waterline to Oakmont Country Club. 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. I' C This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, as amended, and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Denton County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such surety, as provided by Article 7.19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas. IN WITNESS WHEREOF, this instrument is executed in Four copies, each one of which shall be deemed an original, this the 5th day of December , 2002 . ATTEST: M ATTEST: BY. : Tevy Lo ttorney-in-Fact Texas Ellec is Utility Construction, Ltd. BY: ia�''�7 - PRESIDENT :Yi17.� Safeco Insurance BY: Y �� ATTORNEY -IN -FACT Krista M. Stromberg, Attorney-in-F t The Resident Agt3A of the Surety in Denton County, Texas for delivery of notice and service of the process is: NAME: Safeco Insurance Company of America STREET ADDRESS: 1600 N. Collins Blvd., Richardson, TX 75080 (NOTE: Date of Payment Bond must be date of Contract. If Resident Agent is not a corporation, give a person's name) S A F E C a POWER SAFECO InsurenceCompany PO Box 34526 M OF ATTORNEY Seattle, WA 98124-1526 No. 347 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint -*PATRICK D. DINEEN; HEIDI BOCKUS; KRISTA M. STROMBERG; KATHIE L. WIEGERS; TEVY LOR; THOMAS J. JOCHUMS; ]AY A. MILEY; SUZANNE HOLDEN; APRIL L. CHAMPAGNE; Seattle, Washmgton«rrrrrrrrr+rrrrrprrrrrrrr«w«wrtrt++w+n+rrprrrrwrr»rrrrrrrrr«wrrw«rr«rt«t+wrtrtw+wwwt+rtrtwrt++rtrt+rtrt+«+++rrrrrrarrrrrr++ Its true and lawful atiomey(s)-in-fact, with full authority to execute on Its behalf fidelity and surety bonds or undertakings and other documents of a similar character Issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 5th day of November 1 2001 R.A. PIERSON, SECRETARY MIKE M PGAVICK' , PRESIDENT CERTIFICATE Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer In charge of surety operations, shall each have authority to appoint Individuals as attorneys -In -fact or under other appropriate fi8es with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character Issued by the company in the course of Its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any Instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be Impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V, Section 13 of the By -Laws, and (li) A copy of the power -of -attorney appointment, executed pursuant thereto, and (III) Certifying that said powerof-attomey appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, R.A. Pierson, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this 5th day of December . 2002 COApq �f COMp �pt�PORtr�4A �JQ'P �� Comm SEAL SEAL a��ai� �0? IVASMr'- 'O�`OijYASS R.A. PIERSON, SECRETARY S-0974/SAEF 2101 ® A registered trademark of SAFECO Corporation 11/5/01 PDF 'AIPPurpose Certificate of Acknowledgment State of Washington County of King On December 5, 2002 before me, Heidi Bockus DATE NAME OF NOTARY PUBLIC personally appeared Krista M. Stromberg and Tevy Lor NAME(S) OF SIGNER(S) R1 personally known to me - OR ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument `N%%%uw(rj'fZ�� and acknowledged to me that he/she/they executed the same in \\O��ON.BOCk,'i� \ ?,••fission Fk S /� his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon ° NOTaRy ": c behalf of which the person(s) acted, executed the instrument. ;: x. PueuC�p �o� O91 Tr •'C� Witness my hand and official seal. 30 \\\ WAS SIGNATURE OF NOTARY PUBLIC Though the data below is not required by law, it may prove valuable to persons relying on the document and prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT(S) ❑ Individual(s) Type of Document ❑ Corporate Officer: Performance &Payment Bond ❑ Title(s) ❑ Partner(s) Number of Pages R1 Attorney -in -Fact Four (4) ❑ Trustee(s) ❑ Subscribing Witness Date of Document ❑ Guardian/Conservator December 5, 2002 ❑ Other: Signer(s) Other Than Named Above Texas Electric Utility Construction, Ltd. SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) Safeco Insurance Company of America Document4 CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Bidder's attention is directed to the insurance requirements below. It is highly recommended that bidders confer with their respective insurance carriers or brokers to determine in advance of Bid submission the availability of insurance certificates and endorsements as prescribed and provided herein. If an apparent low bidder fails to comply strictly with the insurance requirements, that bidder may be disqualified from award of the contract. Upon bid award, all insurance requirements shall become contractual obligations, which the successful bidder shall have a duty to maintain throughout the course of this contract. STANDARD PROVISIONS: Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted work has been completed and accepted by the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter. As soon as practicable after notification of bid award, Contractor shall file with the Purchasing Department satisfactory certificates of insurance, containing the bid number and title of the project. Contractor may, upon written request to the Purchasing Department, ask for clarification of any insurance requirements at any time, however, Contractors are strongly advised to make such requests prior to bid opening, since the insurance requirements may not be modified or waived after bid opening unless a written exception has been submitted with the bid Contractor shall not commence any work or deliver any material until he or she receives notification that the contract has been accepted, approved, and signed by the City of Denton. All insurance policies proposed or obtained in satisfaction of these requirements shall comply with the following general specifications, and shall be maintained in compliance with these general specifications throughout the duration of the Contract, or longer, if so noted: Each policy shall be issued by a company authorized to do business in the State of Texas with an A.M. Best Company rating of at least A. Any deductibles or self -insured retentions shall be declared in the bid proposal. If requested by the City, the insurer shall reduce or eliminate such deductibles or self -insured retentions with respect to the City, its officials, agents, employees and volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. Liability policies shall be endorsed to provide the following: •• Name as additional insured the City of Denton, its Officials, Agents, Employees and volunteers. •• 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 10 DAYS ADVANCE WRITTEN NOTICE IS REQUIRED": • Should any of the required insurance be provided under a claims -made form, Contractor shall maintain such coverage continuously throughout the term of this contract and, without lapse, for a period of three years beyond the contract expiration, such that occurrences arising during the contract term which give rise to claims made after expiration of the contract shall be covered. • Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit providing for claims investigation or legal defense costs to be included in the general annual aggregate limit, the Contractor shall either double the occurrence limits or obtain Owners and Contractors Protective Liability Insurance. • Should any required insurance lapse during the contract term, requests for payments originating after such lapse shall not be processed until the City receives satisfactory evidence of reinstated coverage as required by this contract, effective as of the lapse date. If insurance is not reinstated, City may, at its sole option, terminate this agreement effective on the date of the lapse. 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 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 theft or disappearance of cash or checks, robbery inside/outside the premises, burglary of the premises, and employee fidelity. The employee fidelity portion of this coverage should be written on a "blanket" basis to cover all employees, including new hires. This type insurance should be required if the contractor has access to City funds. Limits of not less than each occurrence are required. [ ] Additional Insurance Other insurance may be required on an individual basis for extra hazardous contracts and specific service agreements. If such additional insurance is required for a specific contract, that requirement will be described in the "Specific Conditions" of the contract specifications. ATTACHMENT [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) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self - insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity.