HomeMy WebLinkAbout2002-137ORDINANCE NO. oC ppV- 57
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS
CONTRACT FOR THE CONSTRUCTION OF THE LOOP 288 30" WATERLINE; PROVIDING
FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE
DATE (BID 2833- LOOP 288 30" WATERLINE AWARDED TO TEXAS ELECTRIC UTILITY
CONSTRUCTION, INC. IN THE AMOUNT OF $1,211,846.73).
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
2833 Texas Electric Utility Construction, Inc. $1,211,846.73
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 /i day of ,2002
&d4ll� &-'1L
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL F RM:
HERBERT L. P¢66TY, CI ATTORNEY
3-ORD- BID 2833 Loop g88 30"
CONTRACT AGREEMENT
STATE OF TEXAS §
COUNTY OF DENTON §
THIS AGREEMENT, made and entered into this
day of May A.D., 2002, by and between City of Denton
of the County of Denton and State of Texas, acting through
Mike Conduff thereunto duly authorized so to do,
hereinafter termed "OWNER," and Texas Electric Utility Construction, Inc.
of the City of Sherman , County of
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:
in the amount of V ,211,846.73 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,
CH:� I
and the Specifications therefore, as prepared by:
all of which are referenced herein and made a part hereof and collectively evidence and
constitute the entire contract.
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 shall and does hereby agree to indemnify and hold harmless the City of
Denton from any and all damages, loss, or liability of any kind whatsoever, by reason of injury
to property or third persons occasioned by any error, omission or negligent act of Contractor,
its officers, agents, employees, invitees, and other persons for whom it is legally liable, with
regard to the performance of this Agreement, and Contractor will, at its cost and expense,
defend and protect the City of Denton against any and all such claims and demands.
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.
[H:6►?
IN WITNESS WHEREOF, the parties of these presents have executed this agreement
in the year and day first above written.
ATTEST:
�u
APPROVED AS TO FORM:
Dorn %�"�
CITY ATTO Y
M
(SEAL)
Texas Electric Utility Construction, Inc.
CONTRACTOR
4613 Hwy 1417 N
Sherman, TX 75092
MAILING ADDRESS
903-893-0949
PHONE NUMBER
903-893-3379
FAX NUMBER
BY: President �� -- \� C'o• '
TITLE
David W. Estes
PRINTED NAME amum,nii.
Jj\I.ITY C0'%,'
s=
Al
0
0RO � ;
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�'; SEAL : , _
PERT ORMANCE BOND
Bond No. 6166749
STATE OF TEXAS
COUNTY OF DENTON
KNOW ALL MEN BY THESE PRESENTS: That
whose address is 4613 Hwy 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 Two Hundred
Fleven Thousand Fight Hundred Forty Six and 73/100 DOLLARS($1,211,846.73) 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 2002-137
with the City of Denton, the Owner, dated the 14 day of May-A.D. 2002 a copy of which
is hereto attached and`made a part hereof, for Rid 2833- Loop 299 Waterline
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 [Wade, 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.Qwner 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
;,_
Bond No. 6166749
PROVIDED FURTHER, that if Spy 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 statutesof the State of Texas.
The undersigned and designated agent is hereby designated by the Surety herein as the
Resident Agent in Denton County to whom any requisite notices may be delivered and on
whom service of process may be had in matters arising out of such suretyship, as provided by
Article 7.19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas.
IN WITNESS WHEREOF, this instrument is executed in Four copies, each one of
which shall be deemed an original, this the 14th day of May 2002 .
ATTEST:
PRINCIPAL
Texas Electric Utility Construction, Inc.
BY: _ / ---
SEC R BY: Y16,
PRESIDENT
ATTEST:
[.�il7W0
Safeco Insurance Company of America
B � '� /
Suzan Holden Y.
�-
A TORNEY- 4-FACT
Office Krista M. Stromberg, Attorney -'.--Fact
The Resident A9ffl xof the Surety in 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
*** Please send like notice immediately to: Safeco Insurance Compan of America,.
Safeco Plaza, Seattle, �Pt. America,—,
(NOTE: Date of Performance Bond must be date of Contract. If Resident Agent is not a
corporation, give a person Is name.)
PB-2
S A F E C a POWER
OF ATTORNEY
SAFECO Insurance Company
PO Box 34526
Seattle, WA 98124-1526
KNOW ALL BY THESE PRESENTS:
No. 347
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; JAY A. MILEY; SUZANNE HOLDEN;
APRIL L. CHAMPAGNE; Seattle, Washington*****r**•*arw*«****www*******r«rr««««r«r*«•*u****a*u***w****w******a*wau*uwr*rrrt******««w«rrw**ua*
its We and lawful attomey(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
R.A. PIERSON, SECRETARY
CERTIFICATE
day of November
MIKE'.
Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA:
ICK, PRESIDENT
2001
"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 attomeys-in-fad or under other appropriate Odes 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
(II) A copy of the power-of-attomey 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 cartify 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, 1 have hereunto set my hand and affixed the facsimile seal of said corporation
this 14th
SEAL )� \y\SEAL
�I
U
day of May 1 2002
R.A. PIERSON, SECRETARY
S-0974/SAEF 2/01
V A registered trademark of SAFECO Corporation
1115/01 POF
All -Purpose
Certificate of Acknowledgment
State of Washington
County of King
On May 14, 2002 before me, Kathie L. Wiegers
DATE NAME OF NOTARY PUBLIC
personally appeared Krista M. Stromberg
NAME(S) OF SIGNER(S)
0 personally known to me - OR
Ytt„a r n r r,rp�,)
�- 'IOTA R),
",
to PUGLIC :.
.Ycr 4't � SS'E 4[S9YYYZA�~
❑ proved to me on the basis of satisfactory evidence to be the
person(s) whose name(s) is/are subscribed to the within instrument
and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the instrument.
Witness my hand and official seal.
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
❑ Individual(s)
❑ Corporate Officer:
❑ Title(s)
❑ Partner(s)
• Attorney -in -Fact
❑ Trustee(s)
❑ Subscribing Witness
❑ Guardian/Conservator
❑ Other:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
DESCRIPTION OF ATTACHED DOCUMENT(S)
Type of Document
Performance Bond
Number of Pages
Two (2)
Date of Document
May 14, 2002
Signer(s) Other Than Named Above
Texas Electric Utility Construction, Inc..
Safeco Insurance Companv of America
y
DocumenD
PAYMENT BOND Bond No. 6166749
STATE OF TEXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS: That Texas Electric Utility Construction
Inc -,whose address is 4613 Hwy 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 Two Hundred Eleven Thousand Eight Hundred Forty Six
and 73/100 DOLLARS ($1,211,846.73) 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 2002-137
with the City of Denton, the Owner, dated the 14th day of May A.D. 2002, a copy of which is
hereto attached and made a part hereof, for Rid 2833- Loop 288 Waterline
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 oIrthis '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
Bond No. 6166749
This Bond is given pursuant to the provisions of Chapter 2253 of the Texas
Governtrient Code, as amended, and any Scher applicable statutes of the State of Texas.
The undersigned and designated agent is hereby designated by the Surety herein as the
Resident Agent in Denton County to whom any requisite notices may be delivered and on
whom service of process may be had in matters arising out of such suretyship, as provided by
Article 7.19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas.
IN WITNESS WHEREOF, this instrument is executed in Four copies, each one of
which shall be deemed an original, this the 14th day of May 2002
ATTEST: PRINCIPAL
Texas Elect is Utility'CGI16LTAC'iOn; Inc.
BY: Ulauz4dZaJ� ---
SEC; Y BY:
PASIbENT
ATTEST:
SURETY
Safeco Insurance Company of America _
Suzann,/ ` BY:
ATTORNEY -IN -FACT
Office
The Resident Az= of the Surety in fkan=Mwg� 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
***Please send like notice immediately to Safeco Insurance Company o er ca,
Safeco Plaza, Seattle, WA 98185
(NOTE: Date of Payment Bond must be date of Contract. If Resident Agent is not a
corporation, give a person's name.)
WEE
S A F E C O® POWER SAFECO Insurance company
PO Box 34526
. OF ATTORNEY Seatle, WA 98124-1526
No.
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; JAY A. MILEY; SUZANNE HOLDEN;
APRIL L. CHAMPAGNE; Seattle, Washington-****r***-*****««+ww*ww«r•*««++«rrrrr«««*a*awr*ar***-uwa**--wu-wwr*urrr+r+rrr+ww«««+«+-**«++--w--*r«a**+*
its We and lawful attomey(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
R.A. PIERSON, SECRETARY
CERTIFICATE
day of November 2001
MIKE MCCCCCC111IIIGAWCK, PRESIDENT
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 attomeys-in-fact or under other appropriate titles 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,
(1) The provisions of Article V, Section 13 of the By -Laws, and
(it) A copy of the pcwervofattomey appointment, executed pursuant thereto, and
(ill) Certifying that said powerofattomey 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 14th day of May 1 2002
CORPORATE '�'
9
SEAL ;
�- 191��2,�%.�ta�
`'rOf�1(yy R.A. PIERSON, SECRETARY
S-0974/SAEF 2f01
® A registered trademark of SAFECO Corporation
1115/01 PDF
Ali -Purpose
Certificate of Acknowledgment
State of Washington
County of King
On May 14, 2002
before me, Kathie L. Wiegers
DATE
NAME OF NOTARY PUBLIC
personally appeared
Krista M. Stromberg
NAME(S) OF SIGNER(S)
0 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
and acknowledged to me that he/she/they executed the same in
oNF}�-
his/her/their authorized ca aci les , and that b his/her/their
signature(s) on the instrument the person(s), or he entity upon
=: l OT AR r ;;
behalf of which the person(s) acted, executed the instrument.
PI I[, i IC
Witness my hand and official seal.
IGNATURE 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:
❑ Title(s)
Payment Bond
❑ Partner(s)
p Attorney -in -Fact
❑ Trustee(s)
❑ Subscribing Witness
❑ Guardian/Conservator
❑ Other:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITYQES)
Number of Pages
Two (2)
Date of Document
May 14, 2002
Signer(s) Other Than Named Above
Texas Electric Utility Construction, Inc.
Safeco Insurance Company of America
Document9
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 (CIT)9 EXCEPT WHEN THE
POLICY IS BEING CANCELLED FOR NONPAYMENT OF PREMIUM IN
WHICH CASE 10 DAYS ADVANCE WRITTENNOTICE 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 $500,000
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:
[ ] 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.
[ ] 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.
• 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 300 000 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 I in accordance with
§406.096 of the Texas Labor Code and rule 28TAC 110.110 of the Texas Worker's
Compensation Commission (TWCC).
ATTACHMENT 1
[X] Worker's Compensation Coverage for Building or Construction Projects for
Governmental Entities
A. Definitions:
Certificate of coverage ("certificate") -A copy of a certificate of insurance, a
certificate of authority to self -insure issued by the commission, or a coverage
agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory
workers' compensation insurance coverage for the person's or entity's employees
providing services on a project, for the duration of the project.
Duration of the project - includes the time from the beginning of the work on the
project until the contractor's/person's work on the project has been completed and
accepted by the governmental entity.
Persons providing services on the project ("subcontractor" in §406.096) - includes all
persons or entities performing all or part of the services the contractor has undertaken
to perform on the project, regardless of whether that person contracted directly with
the contractor and regardless of whether that person has employees. This includes,
without limitation, independent contractors, subcontractors, leasing companies,
motor carriers, owner -operators, employees of any such entity, or employees of any
entity which furnishes persons to provide services on the project. "Services" include,
without limitation, providing, hauling, or delivering equipment or materials, or
providing labor, transportation, or other service related to a project. "Services" does
not include activities unrelated to the project, such as food/beverage vendors, office
supply deliveries, and delivery of portable toilets.
B. The contractor shall provide coverage, based on proper reporting of classification
codes and payroll amounts and filing of any overage agreements, which meets the
statutory requirements of Texas Labor Code, Section 401.011(44) for all employees
of the Contractor providing services on the project, for the duration of the project.
C. The Contractor must provide a certificate of coverage to the governmental entity
prior to being awarded the contract.
D. If the coverage period shown on the contractor's current certificate of coverage ends
during the duration of the project, the contractor must, prior to the end of the
coverage period, file a new certificate of coverage with the governmental entity
showing that coverage has been extended.
E. The contractor shall obtain from each person providing services on a project, and
provide to the governmental entity:
(1) a certificate of coverage, prior to that person beginning work on the project, so
the governmental entity will have on file certificates of coverage showing
coverage for all persons providing services on the project; and
(2) no later than seven days after receipt by the contractor, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of the project.
F. The contractor shall retain all required certificates of coverage for the duration of the
project and for one year thereafter.
G. The contractor shall notify the governmental entity in writing by certified mail or
personal delivery, within 10 days after the contractor knew or should have known, of
any change that materially affects the provision of coverage of any person providing
services on the project.
H. The contractor shall post on each project site a notice, in the text, form and manner
prescribed by the Texas Workers' Compensation Commission, informing all persons
providing services on the project that they are required to be covered, and stating
how a person may verify coverage and report lack of coverage.
I. The contractor shall contractually require each person with whom it contracts to
provide services on a project, to:
(1) provide coverage, based on proper reporting of classification codes and payroll
amounts and filing of any coverage agreements, which meets the statutory
requirements of Texas Labor Code, Section 401.011(44) for all of its
employees providing services on the project, for the duration of the project;
(2) provide to the contractor, prior to that person beginning work on the project, a
certificate of coverage showing that coverage is being provided for all
employees of the person providing services on the project, for the duration of
the project;
(3) provide the contractor, prior to the end of the coverage period, a new certificate
of coverage showing extension of coverage, if the coverage period shown on
the current certificate of coverage ends during the duration of the project;
(4) obtain from each other person with whom it contracts, and provide to the
contractor:
(a) a certificate of coverage, prior to the other person beginning work on the
project; and
(b) 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.
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.
Bid 2833- Loop 288 Waterline
Project Name
Loop 288 Water Line Bid No. 2833
BID TABULATION SHEET P.O. No.
Item Description Quantity
111nitl
Unit Price
Total
1.21 Contractors Warranties and Understandings 1
I.S
I S 12,014.92991/ LS
$ 12,014.93
Unit Price In Words Twelve Thousand Fourteen dollars and .92991 cents per LS
2.12-A
12" Water Line 20
LF
S 25.72091 / LF
$ 514.42
Unit Price In Words Twenty Five dollars and .72091 cents per LF
2.12-13
16" Water Line
50
LF
S 43.59445 / LF
$ 2,179.72
Unit Price In Words Forty Three dollars and .59445 cents per LF
2 12-C
30" Water Line
12474
T.F
S 58.70851 / LF
732,330.00
Unit Price In Words Fifty Eight dollars and .70851 cents per LF
2.12 -C
8" SDR-26 Smilary Sewer
570
LF
S 31.68242 / LF
$ 18,058.98
Unit Price In Words Thirty One dollars and .68242 cents per LF
2 12.8
Ductile Iron Fittings
L 2000
1.8
$ 1.09856 / 1 B
$ 2,197.12
Unit Price In Words One dollar and .09856 cents per LB
WS3G
Tunnel Liner Platc/Sicel Casing -Bore, C:oinplele
m Place
309
LY
S 419.64919 / LF
$ 129,671.60
T Jnit Price in Wordb Four Hundred Nineteen dollars and .64919 cents per LF
WS3G
Tunnel T,tnerPlate/Steel Casing -Open C'ut,
Complete in Place
T7�ILr
$ 54.92790 / I,H
S 3,899.88
Tltnt Price in Words Fifty Four dollars and .92790 cents per LF
214 Fin Hydrant Assembly (8")
5
EA
S 2,985.00206 / FA
$ 14,925.01
Unit Price In Words Two Thousand Nine Hundred Eighty Five dollars and .00206 cents per EA
3-A
Rctnove Concrete Curb & Gutter
1200
LF
S 3.66479 / LF
$ 4,397.75
Unit Price In Words Three dollars and .66479 cents per LF
2.13-A
12" Gate Valve and Box
5
IiA
s 1,473.71569/ EA
is 7,368.58
Unit Price In Words One Thousand Four Hundred Seventy Three dollars and .71569 cents per EA
2.13-$
16" Gate Valve and Box 2
1 HA
1
$ 8,966.89
Unit Price In Words Four Thousand Four Hundred Eighty Three dollars and .44263 cents per EA
4/11102 P 3
Project Name
Loop 288 Water Line Bid No. 2833
BID TABULATION SHEET P.O. No.
Item I Description
Quantity I
Unitl
Unit Price I Totsl
3.1 Preparation of Right of Way
1 1,
IS
S 2,077.00718 / LS $ 2,077.01
Unit Price In Words Two Thousand Seventy Seven dollars and .00718 cents per LS
W840
30" Butterfly Valve and Vault
3 1
EA 1
$ 26,003.98337 / EA
$ 78,011.95
Unit Price In Words Twenty Six Thousand Three dollars and .98337 cents per EA
3.9
Sod
100
Sy
S 6.59135 / Sy $ 659.13
Unit Price In Words Six dollars and .59135 cents per SY
3.10.4
Broadcast Seeding
85000
$)
$ 0.32957 / SY 1
$ 28,013.23
Unit Price in Words 0.32957 cents per SY
3.12
Temporary Erosion Control I
I I
LS
S 37,350.97531 / LS
S 37,350.98
Unit Price In Words Thirty Seven Thousand Three Hundred Fifty dollars and .97531 cents per LS
5-A
2-inch Air Relcnse Valve
6
1 TA
I $ 3,909.40208 / rA 1
$ 23,456.41
tJnil Price In Words Tree Thousand Nine Hundred Nine dollars and .40208 cents per EA
7 6-A-I
Tnatall Concrete Manhole (S 1.13)
1 2
EA
$ 2,746.39524 / EA
$ 5,492,79
Unit Price In Words Two Thousand Seven Hundred Forty Six dollars and .39524 cents per EA
8.1
Bairicadcs, Warning Signs and Dolours
I T.S
$ 7,140.62763 / 1
$ 7,140.63
Unit Price in Wordb Seven Thousand One Hundred Forty dollars and .62763 cents per LS
8.2-A
install Concreic Curb R Gutter
1200
T.I
1 $5.49279 / T.F
6,591.35
IJnil Pt ice In Wordb Five dollars and .49279 cents per LF
8 14
Miscellaneous Fence Repair
I
L5
$ 6,338.68022 / LS
$ 6,338.68
Unit Price In Words Six Thousand Three Hundred Thirty Eight dollars and .68022 cents per LS
WS-18
Sauitaiy Sewer Service
1 7
EA
1 $ 383.75564 / EA
$2,686.29
Unit Price In Words Three Hundred Eighty Three dollars and .75564 cents per EA
4/11/02 P 4
Project Name
'Loop 288 Water Lime
BID TABULATION SHEET
Bid No.
P.O. No.
2833
Item I Description
Quantity I Unitl
Unit Price ITotal
SP-2 Concrete Saw Cut
20 LF
S 1.09856 / 1,F IS
21.97
Unit Price In Words One dollar and .09856 cents per LF
SP-8
Abandon/Rcrriove Existing Manhole
3
EA
$ 598.16488 / EA $1,794.49
Unit Price In Words Five Hundred Ninety Eight dollars and .16488 cents per EA
SP-10
Rock Excavation
50 CY
$ 21.07034 / Cy
$1,053.52
Unit Pnco In Words Twenty One dollars and .07034 cents per CY
SP-37 Excavation Protuction
14000
LF
$ 0.54928 / 1 F
1 $7,689.91
Unit Price In Words 0.54928 cents per LF
SP-39
ProJcct Signs
2
13A
$ 329.56743 / EA
$ 659.13
Unit Pnce in Words Three Hundred Twenty Nine dollars and .56743 cents per EA
SP-40
Cut and Plug Existing Stmitary Sewer
4
1 EA
$ 311.55108 / L•A
$ 1,246.20
Unit Prieu In Words Three Hundred Eleven dollars and .55108 cents per EA
SP-43
Asphalt Saw Cut
1 2700
LF
IS 1.09856 / LF
$ 2,966.11
Unit Price In Words One dollar and .09856 cents per LF
8.3
Remove and Replace Conc. Pavement
20
1 SY
1
$ 47.60711 / Sy
$ 952.14
Unit Price In Words Forty Seven dollars and .60711 cents per SY
SLJ13TOTAL BAST BID $ 1,150,726.80
Add (+) or Duduct (-)
I TOTAL BASE BID $1,150,726.80 1
Additive Altemate - Fiber Optic Installation $ 61,119.74
4/11/02 PS
TOTAL BASE BID PRICE IN WORDS
One Million One Hundred Fifty Thousand Seven Hundred Twenty Six dollars and .80 cents.
Provision is made in the bid form for the Bidder to make additions (+) or deductions (-)
in his bid, if he chooses, to reflect last minute adjustments in price. The addition or
deduction, if made, will be applied proportionally to the bid items for the pipeline
construction.
Alternate bid item: The following item may be added to the total base bid prior to award
of a contract. Award of the contract will be based on items actually included in the
Project. The decision to add the alternate item listed will be solely at the discretion of the
City.
ADDITIVE ALTERNATE BID ITEM PRICE IN WORDS
Sixty One Thousand One Hundred Nineteen dollars and .74 cents.
Pipe Manufacturer: The bid has been prepared, with last minute adjustments as applicable,
based on the use of pipe as specified in
Section WS of the specifications. It is the intent of the Bidder to utilize said pipe for
the construction of the project.
In the event of the award of a contract to the undersigned, the undersigned will furnish a
performance bond and a payment bond for the full amount of the contract, to secure
proper compliance with the terms and provisions of the contract, to insure and guarantee
the work until final completion and acceptance, and to guarantee payment for all lawful
claims for labor performed and materials furnished in the fulfillment of the contras.
It is understood that the work proposed to be done shall be accepted, when fully completed
and finished in accordance with the plans and specifications, to the satisfaction of the
Engineer.
The undersigned certifies that the bid prices contained in this proposal have been carefully
checked and are submitted as correct and final.
P-6
Unit and lump sum prices as shown for each item listed in this proposal, shall control over
extensions.
Receipt is hereby acknowledged of the following addenda to the plans and specifications:
Addendum No. 1 dated April 12, 2002
Received
Addendum No. 2 dated April 12, 2002
Rive
Addendum No. 3 dated April 16, 2002
Received
Addendum No. 4 dated
Received
Addendum No. 5 dated
Received
Texas Electric Utility Construction, Inc.
CONTRA OR ��
BY //I/
David W. Estes, President
4613 Hwy. 1417 North
Street Address
Sherman, TX 75092
City and State
Seal & Authorization
(If a Corporation) 903-893-0949
Telephone
P-7
VENDOR COMPLIANCE TO STATE LAW
The 1985 Session of the Texas Legislature passed House Bill 620 relative to the award of
contracts to non-resident bidders. This law provides that, in order to be awarded a
contract as low bidder, non-resident bidders (out-of-state contractors whose corporate
offices or principal place of business are outside of the State of Texas) bid projects for
construction, improvements, supplies or services in Texas at an amount lower than the
lowest Texas resident bidder by the same amount that a Texas resident bidder would be
required to underbid a non-resident bidder in order to obtain a comparable contract in the
state in which the non-resident's principal place of business is located. The appropriate
blanks inn Section A below must be filled out by all out-of-state or non-resident bidders in
order for your bid to meet specifications. The failure of out-of-state or non-resident
contractors to do so will automatically disqualify that bidder. Resident bidders must check
the blank in Section B.
A. Non-resident bidders in (give state), our principal place of
business, are required to be percent lower than resident
bidders by state law. A copy of the statute is attached.
Non-resident bidders in (give state), our principal place of
business, are not required to underbid resident bidders.
B. Our principal place of business or corporate offices are in the State of Texas: X
Texas Electric Utility Construction, Inc.
COMP
BYb-W
4V G/
David W. Estes, President
4613 Hwy. 1417 North
Street Address
Sherman, TX 75092
City and State
THIS FORM MUST BE RETURNED WITH YOUR BID.
P-8
LCI-AY S/1N11!I> J' -U Mr.ONFABV213MBYLiOWIFS TA!'NJ fP ' 1'I'.AM 11'. 11P.I
ACOR . CERTIFICATE OF LIABILITY
INSURANCE DATEIMMID 05/15/0202
PRODUCER
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
McQueary Henry Bowles Troy LLP
12700 Park Central Drive
Suite 1700
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, ExTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Dallas, TX 75251
INSURERS AFFORDING COVERAGE
!NSURED
INSURERA:Zurich American Ins. Co.
Texas Electric Utility Construction Inc
INSURER B:Kemper Insurance
4613 Hwy 1417 N
P.D. Box 2211
Sherman, Tit 75091
INSURER C:
INSURER D:
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FORTHEPOUCYPENOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TEAMS, ELCLUSIONSAND CONDITIONS OF SUCH
PCUOES. AGGREGATE UMITS SHOWN MAY HAVE BEEN REDUCED BY PAD CLAMS.
INSR
LTA
TYPEOFINSURANCE
POLICYNUMSER
POLICY F E THE
DATE MM DD
POLICYEXPIRATION
DATEIMM/D[UN11
LIMITS
A
I C EN ERA L L!A BI LITY
CON50540054
06/30/01
06/30/02
EACH OCCURRENCE
$1 00O 000
ICOMMERCIALGENEiALLMBILITY
Includes
FI R E DA WAS E (Any we Pre)
5100 000
I —I C LAI M S MA D EF X7� OCCU R
Contractual
M ED EXP)An Von. 9e..)
55 000
Liability
PERSONAL SADV INJURY
$1 000 000
GENERALAGGREGATE
$2 000 000
U'LAGGREGAi ELIMITAPPLIESPER:
PRODUCTS-COMP/OP AGG
$Z 000000
POLICY JcOT LOC
A
IAUTDNDBILELIABILIW
X ANYAUTO
CON50540005
06/30/01
06/30/02
COMBINED SINGLE LIMIT
31.AODD, OOO
BDDILYIN)
IPm Persml
$
ALLOWNEDAUTOS
SCH E DU L ED AUTOS
X HIREDAUTDS
X NON OWNED AUTOS
°er0ecatlenq RY
$
PROPERTY DAMAGE
IPer uutlenll
$
GARAGE LIABILITY
AUTOONLY-EAACCI DENT
S
OTHER THAN EA ACC
AUTO ONLY AGG
3
ANYAUTO
IS
EXCESS
LIABILITY
OCCUR ❑ CLAIMS MADE
EACH OCCURRENCE
Is
AGGREGATE
$
$
S
DEDUCTIBLE
3
RETENTION S
WORKERS COMPENSATION AND
EMPLOYERS' LIA81 LIlY
WCSTATU OTR
TORY LIMITS ER
EL EACH ACCIDENT �
$
EL.DISEASE-EA EMPLOYEE
$
ELDISEASE-POLICYUMIT
S
C
ERCL-Equipment
RST263250
/30/O1
06/30/02
Sch. Lt $13,389,653
eased & Rented
�GTH
RST263250
/30/01
E/30/01
06/30/02
$167,000
nst./Ri Liab.
RST263250
06/30/02
$500 000/$500 000
DESCRIPTION OF OPERATIONSILOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENOORSEMENTISPECIAL PROVISIONS
The City of Denton, its Officials, Agents, Employees & Volunteers are
named additional insured with regard to the liability policies of the
insured, but only with respect to and to the extent of the liabilities
assumed by the insured under written contract.
(See Attached Descriptions)
City or Denton, Texas
901 B Texas Street
Denton, TX
ACORDM.S(7157)1 of 3 ikM34125
SHOULDANYOFTHEABOVE DESCRI BED POLICI ES BEGAN CELLED BEFORETHE EXnMTON
DATETHEREOF, THEISSUIND INSURER WILL ENDEAVOR TO MAIL30—DAYSWRITTEN
NOTCETOTHECERTIRCATE HOLDERNANEOMTHELEFT, BUTFAILURE TOODSOSHALL
OR LIABI LITYOF ANYKIND UPON TH E INSU RER,ITS AD ENTS OR
ERC
1988
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negaWely amend, e)dend a niter the coverage afforded bythe policies listed thereon.
AcOR025-S(7(87)2 of 3 #M34125
Coverage is primary.
Said policies shall not be cancelled, nonrenewed or materially changed
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.
ayes 2s3 WWI
Marsh USA Inc. 5/16/02 1:09: PAGE 2/2 RightFAX
''''j'�LLd,A iEC CERTMICATE NUMBER
vF. SEA-000538351-00
PRODUCER
WM CERTFGATE IS ISSUED AS AMATTER OF INFORMATION aMLY AMO CONFERS
Marsh USA Inc,
NO RIGHTS UPON TIE CERTFGATE HOLDER OTHER THMI THOSE PROVIDED N THE
1215 Fourth Avenue
POLICY. THIS CERTIFICATE DOES NOT MEMO. EXTEND OR ALTER THE COVERAGE
Suite 2300
AFFORDED BY THE POLICES DESCRIBED HEREIN.
Seattle, WA 98161-1095
Attn: Ands Stubbs (206) 813-2415)
COMPANIES AFFORDING COVERAGE
CQIPANY
83219.002—
A LIBERTY MUTUAL INSURANCE CO
INSURED
COMPANY
INFRASTRUX GROUP, INC.
B
TEXAS ELECTRIC UTILITY CONSTRUCTION, INC
4613 HWY, 1417 N.
COUPAW
P.O. BOX 2211
C
SHERMAN, TX 75091
COMPANY
0
.. 4tASifi&-. � ...�..._ x.°• '.: •• �AiR na[8ii6ataw� '�.,;�R'
THIS IS TO CERTIFY THAT PQIOES OF INSURANCE OESORISED HEREIN HAVE BEEN ISEIl1ED TO THE INSIRED NAMED HEREIN FOR THE PO -ICY PERIOD INDICATED.
NOTWITHSTANDING ANV REWIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER 000UMENT WTH RE PIF TTO WHICH THE CERTIFICATE MAY BE ISSIE] OR MAY
PERTAIN, THEINSIRANCE AFFORDED BYTHEP aESDE�IMDHERENISSIIWI TOW-L THE TERMS CM01TIONSMIDUcLUSONS 6 SICH POLICES LIMITSSIOWN
MAY HAVE SFEV REDUCED RY PAD CLAMS
TR
LTR
TYPE OF INSURANCE
POLICY NUMBER
POLICYEFFEGTNE
DATE(MMIDDIW)
POLICY EXPIRATION
DATE (IIMIDDIW)
LIMITS
GENERAL
UAMILItt
GENERAL .RG GREGATE
$
PFROOUCTS-CONPhTP AGG
COMMERIDN_ GENERAL LIABILITY
GAMS.MAOE F1 OCCUR
PERSONA-S ADVIN.:U.RV
$
EACH OCC.'RRENCE
$
OVAER'SSCO.ITRACTOR'SPROT
FIRE OAMAGEIMVmPfm)
$
MED E (My me eesAAJ
$
MITOMOBLE
LIABNTY
COMBINED SINGLE LIMIT
$
MY AUTO
SODILYINSIRY
lPM PMNn)
$
ALL OWNED AIITOS
SCHEDULED AUTOS
BOOILYINJJRV
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$
HIRED ALTOS
NCN-OWNED AUTOS
PROPERTY DAMAGE
$
OAROOE
LIABILITY
/UTOONLY -EAACdOEHT
$
OTHER T.RAN AUTO ONLY
-
MY ALTO
EAdIACOOENT
$
AGGREGATE
$
EXCESS UABILITV
EACH OCQIRRENCE
$
AGGREGATE
$
UMBRELLAFORM
OTHER THAN UMBRELLA FORM
$
A
EMPLOYERSLWBBm
NCiJ391-004226-032
01701102
01101103
X TCRYLIMIrs a
EL EACH ACCOENT
$ 1,000,000
STOP GAP INCLUDED
EL DISE/gPO-ICY (LIMIT
is 1,000,000
THEPROMSTORI INa
PARTNERSFJ,DUTME
OFFICERSARE, EXQ
EL DISEASEEACH EMPLOYEE
S 1,()00,0()0
DESCRIPTION OF OIERATICM81LOG1TONSIVENGLE&SPECIAL ITEMS TWITS MAY ME SUBJECT TO DEDUCTIBLES OR RETENTIONS)
Evidence of Warkers' Compensation Coverage. Waiver of Subrogation in favor ofthe City of Denton, its officials, agents, employees and volunteers for any
work performed for the City by the Named Insured.
"Said policy shall not be cancelled, nonrenewed or materially changed without 30 days advance written notice being given to the Owner (City) except when
the policy is being cancelled for non payment of premium in which case 10 daysadvance notice is required.
MgUD AMI K TIF PCRIOE80ESTAIBED 1EAEN BE GNCRLED BPFMP TE PPPIRATd DAIETERE6.
THE INSURER AFFORDING 00YERAM WU. EMEAVOI TO MML 20 DAYS WRITTEN NOTICE TO THE
City Of Denton
901-B Texas Street
ClIII HOLDER NAWD IMflN MR MILMIE TO AWL Sid NOTICE 9MLL IMPOSE NO OSLIGTOM ON
Denton, TX 76209
NAEILRY OF ANY MND UPON THE INSURER MPORD NO COVERAGE. ITS AWNTSM REPRESEMATNES
MARSH USANC.
r. Daniel J. Ashbum..-:�%;� -
.LL _._-,a. at... ---sue