HomeMy WebLinkAbout2002-152ORDINANCE NO. a?04--4S
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS
CONTRACT FOR THE CONSTRUCTION OF THE SPENCER/WOODROW 138KV
TRANSMISSION LINE UPGRADE; PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 2838-SPENCER/WOODROW
138 KV TRANSMISSION LINE UPGRADE AWARDED TO ERNEST P. BREAUX, INC. IN
THE AMOUNT OF $475,648.20).
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
2838 Ernest P. Breaux, Inc. $475,648.20
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 D� 1% day of 12002
( :: ,�
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
IN 1 F712 � { / �/ �V
APPROVED AS TO LEGAL
HERBERT L. UTY, CJ7 ATTORNEY
BY:
3-ORD- Bid 2838
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CONTRACT AGREEMENT
STATE OF TEXAS §
COUNTY OF DENTON §
THIS AGREEMENT, made and entered into this 21 day of--Way—A.D., 2002,
by and between City of Denton
of the County of Denton and State of Texas, acting through ..Michael A Cond iff
thereunto duly authorized so to do, thereinafter termed "OWNER," and
Ernest P. Breaux Electrical In
PQ Box 11640
New Iberia_ LA 70560-1640
of the City of _ New Iberia County of Iberia
and State of I.ouisianna 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 $475,64820 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 attached hereto, and in accordance with all the General Conditions of the Agreement,
the Special Conditions, the Notice to Bidders (Advertisement for Bids), Instructions to
Bidders, and the Performance and Payment Bonds, all attached hereto, and in
CA-1
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:
of which are 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.
IN WITNESS WHEREOF, the parties of these presents have executed this agreement
in the year and day first above written.
ATTEST:
APPROVED AS TO FORM:
CA-3
uWNhK
BY:
Ir
(SEAL)
ERNEST P. BREAUX ELECTRICAL, INC.
CONTRACTOR
2812 BROKEN ARROW ROAD
NEW IBERIA, LA 70560
P.O. BOX 11640
NEW IBERIA, LA 70562-1640
MAILING ADDRESS
_337-364-8183
PHONE NUMBER
337-364-8231
FAX MBER
BY:
TITLE Pie SI Vr
PRINTED NAME
(SEAL)
PERFORMANCE BOND
STATE OF TEXAS § Bond No. 81889142
COUNTY OF DENTON § o
KNOW ALL MEN BY THESE PRESENTS: That Ernest P. Breaux Electrical, inc.
whose address is PO Box 11640 New Iberia LA 70560-1640
hereinafter called Principal, and Federal Insurance Company
,
a corporation organized and existing under the laws of the State of Indiana and
fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound
unto the City of Denton, a municipal corporation organized and existing under the laws of the
State of Texas, hereinafter called Owner, in the penal sum of Four Hundred Seventy Five
Thousand Six Hundred Forty F.igbt and 20/100 DOLLARS ($ 475,648.20) 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-
152 , with the City of Denton, the Owner, dated the 21st day of May
A.D 2002 , a copy of which is hereto attached and made a part hereof, for
Bid 2838- Spencer -Woodrow 138kV Transmission Upgrade
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.
PROVIDED FURTHER, that if any legal action be filed upon this Bond, exclusive
venue shall lie in Denton County, State of Texas.
AND PROVIDED FURTHER, that the said Surety, for value received, hereby
stipulates and agrees that no change, extension of time, alteration or addition to the terms of
the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications,
Drawings, etc., accompanying the same, shall in anywise affect its obligation on this Bond,
and it does hereby waive notice of any such change, extension of time, alteration or addition to
the terms of the Contract, or to the Work to be performed thereunder, or to the Plans,
Specifications, Drawings, etc.
This Bond is given pursuant to the provisions of Chapter 2253 of the Texas
Government Code, as amended, and any other applicable statutes of the State of Texas.
The undersigned and designated agent is hereby designated by the Surety herein as the
Resident Agent in Denton County to whom any requisite notices may be delivered and on
whom service of process may be had in matters arising out of such suretyship, as provided by
Article 7.19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas.
IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of
which shall be deemed an original, this the 21st day of May 2002
ATTEST:
BY: (// o9f—/,iL
SEC ARY
ATTEST:
PRINCIPAL
Ern st P. Breatix Electrical, Inc.
BY:
PRESIDE
SURETY
BY: Federal Insurance Company
�Qa, n
Misty Wright BY: (�W ( t { A,1AU-,
ATTORN Y-IN-FACT
Amy Sustaire
The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service
of the process is:
NAME: Daniel Johnson
STREET ADDRESS: 2001 Bryan Street #3400, Dallas, TX 75201
(NOTE: Date of Performance Bond must be date of Contract. If Resident Agent is not a
corporation, give a person's name.)
PB-2
PAYMENT BOND
STATE OF TEXAS §
COUNTY OF DENTON §
Bond No. 81889142
KNOW ALL MEN BY THESE PRESENTS: That Ernest P. Breaux Flectrical, Inc
whose address is PO Box 11640 New Iberia LA 70560-1640
hereafter called Principal, and Federal Insurance Company
a corporation organized and existing under the laws of the State of Indiana and fully
authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto
the City of Denton, a municipal corporation organized and existing under the laws of the State
of Texas, hereinafter called Owner, and unto all persons, firms, and corporations who may
furnish materials for, or perform labor upon, the building or improvements hereinafter referred
to, in the penal sum of Four Hundred Seventy Five Thousand Six Hundred Forty Fight an
20/100 DOLLARS ($ 475,648.20) 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-
152 , with the City of Denton, the Owner, dated the _21st day of May
A.D. 2002 , a copy of which is hereto attached and made a part hereof, for
Bid 2838- Spencer -Woodrow 138kV Transmission Upgrade
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.
This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code,
as amended, and any other applicable statutes of the State of Texas.
The undersigned and designated agent is hereby designated by the Surety herein as the
Resident Agent in Denton County to whom any requisite notices may be delivered and on
whom service of process may be had in matters arising out of such suretyship, as provided by
Article 7.19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas.
IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of
which shall be deemed an original, this the 212t day of May 2002
ATTEST:
BY: t,
SECRE ARY
ATTEST:
PRINCIPAL
Ernitt P. Breau Electrical, Inc.
BY:
PRESIDENAJ
SURETY
Federal
Insurance Company
BY:
Misty rig BY:
ATTORN Y-IN-FACT
Amy Sustaire
The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service
of the process is:
NAME: Daniel Johnson
STREET ADDRESS: 2001 Bryan Street #3400, Dallas, Tx 75201
(NOTE: Date of Payment Bond must be date of Contract. If Resident Agent is not a
corporation, give a person's name.)
r: -
Chubb POWER Federal Insurance Company Attn.: Surety Department
OF Vigilant Insurance Company 15 Mountain View Road
Surety ATTORNEY Pacific Indemnity Company Warren, NJ 07059
Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York
corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and appoint Marc W. Boots,
Joy Hajovsky, Morris D. Plagens, Jr., Amy Sustaire, James R. Donnelly, Jr. and
Beverly A. Ireland of Houston, Texas -------------------------------------- --------
each as their true and lawful Attomey-in-Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and
on their behalf as surety thereon or otherwise, bonds and undertakings and other writings obligatory In the nature thereof (other than bail bonds) given
or executed in the course of business, and any instruments amending or akering the same, and consents to the modification or akeration of any
instrument referred to In said bonds or obligations.
In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each
executed and attested these presents and affixed their corporate seals on this 3 rd day of May, 2002
Kenneth C. Wendel, Assistant Secretary�'' Fro k E. Robertson, Vice P t sident
STATE OF NEW JERSEY
ss.
Count' of Somerset
On this 3 rd day of May, 2002 , before me, a Notary Public of New Jersey, personally came Kenneth C. Wendel,
to me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the
companies which executed the foregoing Power of Attomey, and the said Kenneth C. Wendel being by me duty swom, did depose and say that he is Assistant
Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seals Ihereof,
that the seals affixed to the foregoing Power of Ahomey are such corporate seals and were thereto affixed by authority of the By -Laws of said Companies; and that he
signed said Power of Attorney as Assistant Secretary of raid Companies by like authority; and that he is acquainted with Frank E. Robertson, and knows him to be
Vim Id Companies; and that the signature of Frank E. Robertson, subscribed to said Paver of Attorney Is in the genuine handwriting of Frank E.
Fj)iEe� salt �aliai4l{sveoto subscribed by authority of said By -Laws and In deponent's presents.
alOSeal R Y•°9 ♦. TAWA L NISHIMUAA
F : NOWY R111116, State of New Jersey
• No.22-719M44
~ ° e•d : w ( Qualified In Now Jersey Notary Public
co i CanfinaeglOn E ms Feb. S. M&TIFICATION
',ExTtr�°d6l`on t1YsBy-LarSj(s of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY:
-�y:y+ll/+era ot"�tt4mey for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the
I?almnan,orl'ie President or a Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their
respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the following
officers: Chairman, President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary and the seal of the
Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or
Allomeys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and
any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and
any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with
respect to any bond or undertaking to which it is attached."
I, Kenneth C. Wendel, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY
COMPANY (the *Companies') do hereby certify that
() the foregoing extract of the By -Laws of the Companies Is true and correct,
(to the Companies are duty licensed and au thor¢ed to transact surety business in all 50 of the United States of America and the District of
Columbia and are augwraed by the U. S. Treasury Department; further, Federal and Vigilant are licensed In Puerto Rico and the U. S. Virgin
Islands, and Federal is licensed in American Samoa, Guam, and each of the Provinces of Canada except Prince Edward Island; and
(ii) the foregoing Power of Attorney Is true, correct and In full force and effect.
Given under my hand and seals of said Companies at Warren, NJ this 21 s t day of May, 2002
*4,
i Ir
M1N(eNS�' +'t'EW ypF�"Y
Kenneth C. WendeVAmistant Secretary
IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR
NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY
Telephone (908) 903-3485 Fax (908) 903-3656 e-mail: surety@chubb.com
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
or waived after bid
contract has
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 IO DAYS ADVANCE WRITTEN NOTICE IS REQUIRED' .
• 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 I Automobile Liability Insurance:
Contractor shall provide Commercial Automobile Liability insurance with Combined
Single Limits (CSL) of not less than S500-000 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.
[ ] Additional Insurance
Other insurance may be required on an individual basis for extra hazardous contracts and
specific service agreements. If such additional insurance is required for a specific contract,
that requirement will be described in the "Specific Conditions" of the contract specifications.
ATTACHMENT 1
[ X] Worker's Compensation Coverage for Building or Construction Projects for
Governmental Entities
A. Definitions:
Certificate of coverage ("certificate ")-A copy of a certificate of insurance, a
certificate of authority to self -insure issued by the commission, or a coverage
agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory
workers' compensation insurance coverage for the person's or entity's employees
providing services on a project, for the duration of the project.
Duration of the project - includes the time from the beginning of the work on the
project until the contractor's/person's work on the project has been completed and
accepted by the governmental entity.
Persons providing services on the project ("subcontractor" in §406.096) - includes
all persons or entities performing all or part of the services the contractor has
undertaken to perform on the project, regardless of whether that person contracted
directly with the contractor and regardless of whether that person has employees.
This includes, without limitation, independent contractors, subcontractors, leasing
companies, motor carriers, owner -operators, employees of any such entity, or
employees of any entity which furnishes persons to provide services on the project.
"Services" include, without limitation, providing, hauling, or delivering
equipment or materials, or providing labor, transportation, or other service related
to a project. "Services" does not include activities unrelated to the project, such as
food/beverage vendors, office supply deliveries, and delivery of portable toilets.
B. The contractor shall provide coverage, based on proper reporting of classification
codes and payroll amounts and filing of any overage agreements, which meets the
statutory requirements of Texas Labor Code, Section 401.011(44) for all
employees of the Contractor providing services on the project, for the duration of
the project.
C. The Contractor must provide a certificate of coverage to the governmental entity
prior to being awarded the contract.
D. If the coverage period shown on the contractor's current certificate of coverage
ends during the duration of the project, the contractor must, prior to the end of the
coverage period, file a new certificate of coverage with the governmental entity
showing that coverage has been extended.
E. The contractor shall obtain from each person providing services on a project, and
provide to the governmental entity:
(1) a certificate of coverage, prior to that person beginning work on the project,
so the governmental entity will have on file certificates of coverage showing
coverage for all persons providing services on the project; and
(2) no later than seven days after receipt by the contractor, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of the project.
F. The contractor shall retain all required certificates of coverage for the duration of
the project and for one year thereafter.
G. The contractor shall notify the governmental entity in writing by certified mail or
personal delivery, within 10 days after the contractor knew or should have known,
of any change that materially affects the provision of coverage of any person
providing services on the project.
H. The contractor shall post on each project site a notice, in the text, form and manner
prescribed by the Texas Workers' Compensation Commission, informing all
persons providing services on the project that they are required to be covered, and
stating how a person may verify coverage and report lack of coverage.
I. The contractor shall contractually require each person with whom it contracts to
provide services on a project, to:
(1) provide coverage, based on proper reporting of classification codes and
payroll amounts and filing of any coverage agreements, which meets the
statutory requirements of Texas Labor Code, Section 401.011(44) for all of
its employees providing services on the project, for the duration of the
project;
(2) provide to the contractor, prior to that person beginning work on the project,
a certificate of coverage showing that coverage is being provided for all
employees of the person providing services on the project, for the duration of
the project;
(3) provide the contractor, prior to the end of the coverage period, a new
certificate of coverage showing extension of coverage, if the coverage period
shown on the current certificate of coverage ends during the duration of the
project;
(4) obtain from each other person with whom it contracts, and provide to the
contractor:
(a) a certificate of coverage, prior to the other person beginning work on
the project; and
(b) 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.
7. 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 PROPOSAL
To: City of Denton, Texas
Purchasing Department
901-B Texas Street
Denton, Texas
For Bid Number: 2838
Project Title: Spencer - Woodrow138kV Transmission Upgrade
From: Company Name: ERNEST P. BREAUX ELECTRICAL, INC.
Mailing Address: P.O. BOX 11640
City, State, Zip: NEW IBERIA, LA 70560-1640
Telephone: 337-364-8183
Fax: 337-364-8231
We offer the bid stated on the following pages for construction of the above referenced
project, to be done in accordance with the plans and specification, on the Spencer Utility
Site, Denton, Texas.
In submitting the attached bids, ERNEST P. BREAUX ELECTRICAL, INC. (company
name) agrees that acceptance of any or all items by the City of Denton, Texas within 60
days constitutes a contract. The complete bid proposal must be properly priced, signed,
and returned.
Bidder:
Signatm
Title: VICE-PRESIDENT
Date: APRIL 24, 2002
Page 1 of 9
CITY OF DENTON
BID PROPOSAL
FOR
WOODROW 138kV TRANSMISSION LINE
BID NUMBER: 2838
COMPANYNAME: ERNEST P. BREAUX ELECTRICAL, INC.
POLE UNITS
A pole unit consists of one pole in place. It does not include pole -top assembly unit or other parts attached to the pole.
UNIT
QUAN.
UNITS
UNIT PRICE
INSTALLATION
EXTENDED
COST
Pole, Steel, 70', TUS-5A (#1)
1
5,125.00
5,125.00
Pole, Steel, 85', TUS-5AA (#2)
1
5,430.00
5,430.00
Pole, Steel, 85', TUS-5AB (#3)
1
6,330.00
6,330.00
Pole, Steel, 95', TUS-SWT (#4)
1
7,220.00
7,220.00
Pole, Steel, 85', TUS-5B (#5)
i
5.875.00
5,875.00
Pole, Steel, 90', TUS-5C (#6)
l
10
650.00
10
650.00
Pole, Steel, 80', TP-138-7
I
5,665.00
5,665.00
Pole, Steel, 80', TP-138-8
1
3,250.00
3,250.00
Pole, Steel, 85', TP-138-9
1
6,085.00
6,085.00
Pole, Steel, 80, 7P-138-10
3.310.00
3,310.00
Pole, Steel, 85', TUS-51) (#11)
l
10,695.00
10
695. 00
Pole, Steel, 50', M37 (Ps 12 & 13)
2
3,165.00
6,330.00
Pole, Steel, 80', T1JS-5AC(NS1)
1
4,530.00
4,530.00
Pole, Steel, 110', TUS-NSWT (#S2)
1
11, 385. 00
11
385,00
TOTAL
91,880.00
City of Denton Page 2 of 9 4/5/02
CITY OF DENTON
BID PROPOSAL
FOR
WOODROW 138kV TRANSNIISSION LINE
BID NUMBER: 2838
COMPANYNAME: ERNEST P. BREAUX ELECTRICAL, _INC.
POLE TOPS UNITS
A pole -top assembly unit consists of the hardware, crossarms and their appurtenances, insulators, etc.,
required to support the conductors and OHGW.
UNIT
QUAN.
UNITS
UNIT PRICE
INSTALLATION
EXTENDED
COST
TUS-5A
1
2,260.00
2,260.00
TUS-5AA
1
2,860.00
2,860.00
TUS-5AB
I
2,860.00
2,860.00
TUS-SWT
1
6.710.00
6,710.00
TUS-5B
13,670.00
3,670.00
TUS-5C
1
3,540.00
3,940-00
TP-138.7
I
3 085.00
3,085.00
TP-138-8
1
4,280.00
4,28 0.00
TP-138-9
t
3,085.00
3,085.00
TP-138-10
I
2,080.00",
2,080.00
TUS-513
I
5,590.00
5,590.00
M37
z
5,510.0011
020.00
TUS-5AC
1
3,100.00
3,100.00
TUS-NSWT
I
12.010.00
12,010.00
TOTAL
66 150.00
City of Denton Page 3 of 9 4/5/02
CITY OF DENTON
BID PROPOSAL
FOR
WOODROW 138kV TRANSMISSION LINE
BID NUMBER: 2838
COMPANYNAME: ERNEST P. BREAUX ELECTRICAL, INC.
CONDUCTOR UNITS
A conductor assembly unit consists of 1,000 ft of a single conductor or CHOW, and includes all required tie wire, splices and
armor rods where necessary. The length of conductor or CHOW shall be determined by taking the sum of all straight
horizontal span distances between centerline of the poles. The conductor sizes and types are listed by the Conductor
"Code Name", where applicable.
UNIT
QUAN.
UNITS
UNIT PRICE
INSTALLATION
EXTENDED
COST
Cond., 1590.0 MCM, 61/0 AAC, Coreopsis
9.725
1,995.00
19 401.38
Cond., 795.0 MCM, 37/0 AAC, Arbutus
11.357
1,380.00
2 .66
OHGW, 3/8" EHS
4.876
460.00
2,242.96
Fiber optic cable, .718" dia ADSS
1591
1,535.00
2,442.19
Cond., 1033.5 MCM, 61/0 AAC, Larkspur
1.612
1,765.00
2,845.18
Cond., 556.5 MCM, 37/0 AAC, Mistletoe
1.74
1 150:00
2.001.00
Wire, 2/0 copper, Stranded, Soft drawn, Bare
0.175
460.00
80.50
Wire, 4/0 copper, Stranded, Soft drawn, Bare
0.08
615.00
49.20
TOTAL
1 44 735.06
The Bidder shall complete the following information and submit with his Bid Tabulation:
BULL WHEEL INFORMATION
Diameter Bull Wheel
Diameter Groove
Thickness of Neoprene at Bottom of Groove
STRINGING SHEAVE INFORMATION
Diameter Tangent Sheave
Diameter Groove
Thickness of Neoprene at Bottom of Groove
Diameter Large Angle Sheave
Diameter Groove
Thickness of Neoprene at Bottom of Groove
**RENTAL UNIT inches
WILL PROVIDE IF inches
AWARDED PROJECT inches
**RENTAL UNIT inches
WILL PROVIDE IF inches
AWARDED PROJECT inches
inches
inches
inches
City of Denton Page 4 of 9 4/5/02
CITY OF DENTON
BID PROPOSAL
FOR
WOODROW 138kV TRANSMISSION LINE
BID NUMBER: 2838
COMPANYNAME: ERNEST P. BREAUR ELECTRICAL, INC.
FOUNDATION ASSEMBLY UNITS
A foundation assembly unit consists of all concrete, tie wire, rebar and anchor bolts to construct the foundations.
UNIT
QUAN.
UNITS
UNIT PRICE
INSTALLATION
EXTENDED
COST
FDN-TUS-5A
1
15 Q50. 00
15, 350. 00-
FDN-TUS-5AA
1
12 35.00
12 535.00
FDN-TUS-5AB
1
15 110.00
15 110.00
FDN-TUS-SWT
1
15 350.00
15 350.00
FDN-TUS-5B
1
12,535.00
12 535.00
FDN-TUS-5C
1
30 535.00
FDN-TP-138-7
1
13,155.00
13 155.00
FDN-TP-138-8
1
6,740.00
6,740.00
FDN-TP-138-9
1
15,350.00
15 350.00
FDN-TP-138-10
1
6,740.00
6,740.00
FDN-TUS-5D
t
37,000.00
37 000.00
TM-101 (M37)
2
2,000.00
FDN-TUS-5AC
1
10,750.00
10 750.00
FDN-TUS-NSWT
1
30 535.:00
30 535.00
TOTAL
225 685.00
City of Denton Page 5 of 9 4/5/02
CITY OF DENTON
BID PROPOSAL
FOR
WOODROW 138kV TRANSMISSION LINE
BID NUMBER: 2838
COMPANYNAME: ERNEST P. BREAUX ELECTRICAL, INC.
MISCELLANEOUS ASSEMBLY UNITS
A miscellaneous assembly unit consists of an additional unit needed in the project for new line construction but not
otherwise listed in the proposal. This section includes grounding assemblies consisting of the conductor, ground rod,
grounding plate, connectors and clamps as shown on the respective drawings for the various types. It also includes
fuse cutouts, reclosers, sectionalizers, switches, capacitors, regulators, metering and other assembly units.
UNIT
QUAN.
UNITS
UNIT PRICE
INSTALLATION
EXTENDED
COST
TM-2AD
3
270.00
810.00
TM-213D
3
260.00
780.00
TM-2CD
3
230.00
690.00
TM-4F
6
165.00
990.00
Structure 17921 ••
1
3,070,003,070.00
Structure 17922 ««
1
2,760.00
2,760.00
TOTAL
9,100.00
•• This assembly unit price includes all of the labor and material required to convert the existing structure to the proper configuration
as described on the assembly drawing and plan and profile sheets. This includes all removal items and attaching of new and/or
re -attaching any existing wire in accordance with the drawing and plans.
_City of Denton Page 6 of 9 4/5/02
CITY OF DENTON
BID PROPOSAL
FOR
WOODROW 138kV TRANSMISSION LINE
BID NUMBER: 2838
COMPANYNAME: ERNEST P. BREAUX ELECTRICAL, INC.
REMOVAL ASSEMBLY UNITS
Removal assembly units cover the furnishing of all labor, equipment, and material for the removal of existing units of construction
from existing lines, disassembling into material items, and all labor and transportation for the returning of all materials to the
warehouse of the Owner, or disposing of all materials in an orderly manner or transporting elsewhere to the site of the project
for reuse in the prosecution of this Contract as approved by the Owner.
The removal units are specified by the prefix I and followed by the assembly unit designation of existing assembly units to be
removed. The following special notes apply to specific removal units:
a. Poles. All poles of the same height, regardless of pole class, are designated by the same unit. The Contractor
is not required under this unit to remove from the pole any ground wire or pole numbering attached to the pole.
This unit includes the refilling and tamping of holes in a workmanlike manner unless they are reused.
b. Pole -Top Assemblies. The unit of removal of pole -top assemblies includes, in addition to the removal
of the assembly itself, any necessary handling, resagging, and retying of conductors in those cases
where existing pole -top assembly will be removed and replaced by a new pole -top assembly and where any
existing conductor is to be reused
The unit of removal of pole -top assemblies includes any holding or handling of mainline or tap conductors
at tap lines, angles, and deadends where such is involved, and reinstalling of such conductor in accordance
with the specifications.
c. Conductor. The conductor removal unit covers the removal of conductor or cable and reeling
or coiling it in a worlmmnlrke manner in such a way that it can be reused by the Contractor or the Owner. The Contractor
will retain possession of all jumpers, tie wine, armor rods, connectors, and other conductor accessories
removed These items will not be returned to the Owner.
d. Guys. All guys regardless of length, type of attachment, or size of guy strand are specified by the same unit.
e. Anchors. Only anchor rods arc to be removed by the Contractor in anchor removal units. The anchor will be left in die ground.
f Transformers. The unit for removal of transformer assembly units is divided into two sections, (1) Conventional Transformer
Assembly, and (2) Self -Protected Transformer Assembly. "Self -Protected" refers to transformers where all protective equipment
is mounted on or within the transformer. "Conventional" refers to transformers where the protective equipment is mounted
separately from the transformer.
g. Secondary Units. The unit for removal of secondary assemblies includes in addition to the removal of the assembly itself,
all necessary handling such as untying, remliging, and retying of secondary conductor or cables where existing secondary
conductor or cable is to be reused. In addition, the unit for removal of secondary assembly includes the handling or holding
of my conductor at tap lines where such is involved, and the reinstalling of such rap conductor in accordance
with the specifications.
h. Service Unit. The unit for removal of service assemblies includes, in addition to the removal of the assembly itself, all
necessary handling such as untying, resagging, and retying of service conductor or cable where existing service conductor
or cable is reused.
i. TM -CUT. The unit for cutting off the top of a pole to one foot (I I above the distribution.
j. TM-FOMOVE. The unit for removing the existing Fiber Optic line from an existing pole and re -attaching it to the new pole.
City of Denton Page 7 of 9 4/5/02
CITY OF DENTON
BID PROPOSAL
FOR
WOODROW 138kV TRANSMISSION LINE
BID NUMBER: 2838
COMPANYNAME: ERNEST P. BREAUX ELECTRICAL. INC.
REMOVAL ASSEMBLY UNITS (Continued)
UNIT
QUAN.
UNITS
UNIT PRICE
INSTALLATION
EXTENDED
COST
175
6
385.00
I TP-690
g
385.00
3,465.00
ITS-5
3
20.00
2 760.00
1C2-1
7
195.00
1,365.00
IC7
2
460.00
I C7A
5
385.00
1 ,925.00
ITG-1 (Guy)
28
155.00
4,340.00
I TA-1 (Anchor)
12
80.00
960.00
I G106-10
1
31000:1
310.00
1 M5-10
1
115.00
115.00
IK14
1
40.00
40.00
TM -CUT
6
155.00
930.00
TM-POMOVE
7
155.00
1,085.00
I Arbutus (795)
8.561
1,075.00
9,203.08
1 Hawk (477)
8.13a
845.00
6.873.23
1 Penguin (a/o)
1.427
460.00
656.42
13/8" EHS
2.711
310.00
840.41
TOTAL
38.098.14
City of Denton Page 8 of 9 4/5/02
CITY OF DENTON
BIDPROPOSAL
FOR
WOODROW 138kV TRANSMISSION LINE
BID NUMBER: 2838
COMPANY NAME: _ERNEST P. BREAUX ELECTRICAL, INC.
PROPOSAL SUMMARY
DESCRIPTION
EXTENDED
INSTALLATION
TOTAL
COST
POLE ASSEMBLY UNITS
91,880.00
91,880.00
POLE TOP ASSEMBLY UNITS
66,150.00
66,150.00
CONDUCTOR ASSEMBLY UNITS
44,735.06
44,735.06
FOUNDATION ASSEMBLY UNITS
225,685.00
225 685.00
MISCELLANEOUS ASSEMBLY UNITS
9,100.00
9,100.00
REMOVAL ASSEMBLY UNITS
38, 098.14
38, 098.14
TOTAL TRANSMISSION LINE CONSTRUCTION
475, 648.20
475, 648.20
City of Denton Page 9 of 9 4/5/02
CHUBB GROUP OF INSURANCE COMPANIES
Surety Department, 15 Mountain View Road, P.O. Box 1615, Warren, NJ 07061-1615
Phone: (906) 903.3485 • Facsimile: (908) 903-3656
FEDERAL INSURANCE COMPANY
BID BOND
Bond No. 81861164 B Amount$ 57 of GAB***
Know All Men By These Presents,
That we,
Ernest P. Breaux Electrical, Inc.
(hereinafter called the Principal),
as Principal, and the FEDERAL INSURANCE COMPANY, Warren, New Jersey, a corporation duly organized under
the laws of the State of Indiana, (hereinafter called the Surety), as Surety, are held and firmly bound unto
City of Denton
(hereinafter called the Obligee),
in the sum Of Five percent of the greatest amount bid*** Dollars
($ 57 of GAB*** ), for the payment of which we, the said Principal and the said Surety, bind ourselves,
our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
Sealed with our seals and dated this 25th day of April
WHEREAS, the Principal has submitted a bid, dated April 25, 2002
for
Spencer/Woodrow 138kv Transmission Line Upgrade
2002
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Obligee shall accept the bid of
the Principal and the Principal shall enter into a contract with the Obligee in accordance with such bid and give bond
with good and sufficient surety for the faithful performance of such contract, or in the event of the failure of the
Principal to enter into such contract and give such bond, if the Principal shall pay to the Obligee the difference, not
to exceed the penalty hereof, between the amount specified in said bid and the amount for which the Obligee may
legally contract with another party to perform the work covered by said bid, if the latter amount be in excess of the
former, then this obligation shall be null and void, otherwise to remain in full force and effect.
Ernest P. Breaux Electrical, Inc.
Principal
By:
FEDERAk INSURANCEMP
By Amy Sustain , Attorney —In —Fact
Forth 15-02-0002(Rev. 11-99)
Chubb
POWER
Federal Insurance Company
Attu.., Sirrety Department
C Surety
OF
Vigilant Insurance Company
15 Mountain View Road
ATTORNEY
Pacific Indemnity Company
Warren, NJ 07059
Know All by These Presents, That FEDERAL INSURANCE COMPANY, an IMfana corporation, VIGILANT INSURANCE COMPANY, a New York
corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin Corporation, do each hereby constitute and appoint Marc W. Boots,
Joy Hajovsky, Morris D. Plagens, Jr., Amy Sustaire and James R. Donnelly, Jr. of
Houston, Texas -------------------------------------------------------------------
each as their true and lawful Attorney -in -Fact to execute under such designation In their names and to of b( their corporate seals to and delver for and
on their behalf as surety thereon or otherwise, bonds and undertakings and other writings obligatory in the nature thereof (other than bail bonds) given
or executed in the course of business, and any Instruments amending or staring the some, and Consents to the.modificadon or alteration of arty
instrument referred to in said bonds or obligations.
In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each
executed and attessttedthem presents and affixed theircorporate seals onthis 20th day off November, 2000
te
Kenneth C. Wendel, Assistant Secretary k Fro k E. Robertson, Vie President
STATE OF NEW JERSEY l
County of Somersel J p
On this 20 thday of November, 2000 , before me, a Notary Public of New Jersey, personally came Kenneth C. Wendel, to me known to be
Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which
executed the foregoing Power of Attorney, and the said Kenneth C. Wendel being by me duly swum, did depose and say that he is Amislant Secrelary of FEDERAL
INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof, that the seats affixed to
the foregoing Power of Attorney are such corporate seek and were thereto affixed by authority of the 6yLaws of saki Companies; and that he signed said Paver of
Attorney as Assistant Secretary of said Companies by like authority; and that he Is acquainted with Frank E. Robertson, and Itnows him to be Vice President of said
Compantas; and that the signature of Frank E. Robertson, subscribed to said Power of Attorney Is in the genuine handwriting of Frank E. Robertson, and was thereto
subacribed bye of said By -Laws and in deponenre presence.
Ut��JE
NoarialHEATHER MANCONotary Public. State of New JerseyNo 2229695 NoaPublicCommission Expires Sept 24 200•
CERTIFICATION
6dract fFEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY:
'Ail powers of attorney for and on behalf of the Company may and shall be executed In the name and on behalf of the Company, either by the
Chairman or the President or a Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their
respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the following
officers: Chairman, President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary and the seal of the
Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or
Attomeys-In-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory In the nature thereof, and
any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and
any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with
respect to any bond or undertaking to which it is attached'
i, Kennei;, C. Wendel, Assistant Secretary or FEDERAL INSURANCE a OMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY
COMPANY (the'Companiesl do hereby certify that
(1) the foregoing extract of the Sy -Laws of the Companies Is true and corect,
(II) the Companies are duly licensed and auMaraed to transact surely business In all 50 of the United States of America and the District of
Columbia and are aubwrixed by the U. S. TressuryrDepartmernt fuller, Federal and Vigilant are licensed in Puerto Rica and the U. S. Virgin
Islands, and Federal is licensed in American Samoa, Guam, and each of the Provinces of Canada except Prince Edward Island; and
(Ilq the foregoing Power of Attorney is true, correct and In full force and effect.
Given under my hand and seals of saki Companies at Waxen, NJ this 25 th day of April 2002
'22 - 11 L.1., 1
Kenneth C. Wendel, Assistant t—s Secretary
IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR
NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY
Telephone (908) 903-3485 Fax (908) 903-3656 e-mail: surety@chubb.com
15-10-00= (Ed. a99) CONSENT
n Client#: 9652 FPRRPAI IY
ACCRM CERTIFICATE OF LIABILITY
INSURAE
NC
066104102�Y'
PRODUCER -
Bowen, Miclette & Britt, Inc.
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
1111 North Loop West, #400 -
Houston, TX 77008
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
713 880-7100
INSURERS AFFORDING COVERAGE
INSURED
Ernest P. Breaux Electrical, Inc.
P.O. Boo
2812 Brokeenn Arrow Rd. 70560
New Iberia, LA 70562-1640
INSURERA: Liberty Mutual Ins Co
INSURERS: Royal Ins Co of America
INSURERc. American Cas. Co. of Reading,PA
INSURER D.
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR Im
TYPE OF INSURANCE
POUCYNUMBER -
PDLIEMAMIDDrM
DATE POLICY EXPIRATION
LIMA
A
GENERALLUIBIUT/
X COMMERCIAL GENERAL LIABILITY
CLAIMS MADE ® OCCUR
RG2691004210031
11/0110'1
11/01/02
EACH OCCURRENCE
$1000000
FIRE DAMAGE (Any we lim)
$250000
IVIED EXP (My one pemon)
$5 000
PERSONAL S ADV INJURY
$1000000
GENERAL AGGREGATE
s2.000.000
GEN'L AGGREGATE LIMITAPPLIES PER:
POLICY X P" LOC
PRODUCTS•COMP/OPAGG
$2000000
A
AUTOMOBILE
UAeIUTY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS -
HIRED AUTOS
NON-0WNED AUTOS
AS2691004210021
11/01/01
11/01/02
COMBINED SINGLE LIMIT
(Ea=ident) -
$1,000,000 -
X
BODILY INJURY
(Perpemw)
S
X
BODILY INJURY
racoltlent)
(PrPR?PERTY
$
X
DAMAGE
accident)
$
GARAGE LIABILITY
ANY AUTO
IPHN0164649
AUTO ONLY - EA ACCIDENT
$
OTHER THAN EAACC
AUTO ONLY: A"
S
S
B
EXCESSUABILJTY
X OCCUR 0 CLAIMS MADE
DEDUCTIBLE
RETENTION $
11/01/01
11/01/02
EACH OCCURRENCE
$5000000
AGGREGATE
$5 00O 000
S
S
S
C
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
;WC194319919 -
11/01/01
11/01/02
X WC STATU- OTH•
E.L. EACN ACCIDENT
$1,000,000
E.L DISEASE - EA EMPLOYEE
$1,000,000
E.L. DISEASE -POLICY LIMIT
$1 00O 600
OTHER
I
DESCRIPTION OF OPERATIONS40CATONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
RE: Bid #2838-Spencer-Woodrow 138 kV Transmission Upgrade. City of Denton, Its Officials, Agents, Employees
and Volunteers are named additional Insured on a primary basis on general Ilablity and auto liability policies
and provided waiver of subrogation on workers' compensation policy as required by written contract. Said
(See Attached Descriptions)
City of Denton
901 B Texas St
Denton, TX 76201
SHOULD ANYOFTHE ABOVE DESCRIBED POLICIES BE CANCELLED 13EFM THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL XXj09kWWWMAIL 30_ DAYSWRITTEN
NOTICE TOTHE CERORCATE HOLDERNAMED TO THE LEFT,
25-S I7/97)1 Of 3
#S113121/M106870
1l1
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 ondorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACOR1325S(kffn2 of 3 #S113121/M106670
DESCRIPTIONS (Continued from Page 1) 1
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 advianced written notice Is required.
AMS 26.3 (07/97) 3 of 3 #S113121/M106670
r
WORKERS COMPENSATION ANr IPLOYElRS LIA,,M INSURANCE POLK'-�
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
WC 00 0313
(Ed. 4-84)
We have the right to recover our payments from anyone liable for an Injury covered by this policy. We will not enforce our
right against the person or organization named In the Schedule. (This agreement applies only to the extent that you
perform work under a written contract that requires you to obtain this agreement from us.)
This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule.
Schedule
City of Denton
its Officers,Officials, Agents, Employees and Volunteers
901 B Texas Street
Denton, TX 76201
RE: Bid #2838-Spencer-Woodrow 138kV Transmission Upgrade
_ This endorsement charges the poky to which It Is anached and N effective an the date Issued unless otherwise stated.
(The Inlormatlon below Is required only when this endorsement Is issued subsequent to preparation of the polity.)
Endorsement Effective 11 /01 /01 Policy No. WC 194319919 Endorsynent No.
Insured Ernest.P. Breaux Electrical, Inc. re
trreurancaCompany American Cas. Co. of Countersigned by
Reading, PA
WC 00 0313
(Ed. 4-84) Copyright 1983 National Coundi on Canpereatlon Insurance.
POLICY NUMBER:RG2691004210031
Insured: Ernest P. Breaux Electrical, Inc.
COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS (FORM B)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization:
City of Denton
its Officials, Agents, Employees and Volunteers
901 B Texas St.
Denton, TX 76201
RE: Bid #2838-Spencer-Woodrow 138 kV Transmission Upgrade
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations
as applicable to this endorsement.)
WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the
Schedule, but only with respect to liability arising out of "your work" for that insured by or for you.
CG 20 10 1185 Copyright, Insurance Services Office, Inc., 1984 ❑
BLANKET ADDITIONAL INSUR'E73
THE NAMING OF AN ADDITIONAL INSURED HEREIN $HALL -NOT AFFECT ANY RECOVERY
TNT CH THE INSURED MOULD BE ENTITLED UNDER THE POLICY, WERE THEY NOT SO
.,
Thla erxkwzwrm t[a exam oythe=mpatiy aeoignatea ewow.
LIBERTY MUTUAL FIRE INSURANCE COMPANY
EftOw Oma 11/OL/O2 Avwadw0me 11/01/02
far attaWimentlo polky No. RG2-691-004210-031
WwAmTo
00,
Ena 9eM1a1 No.
Page 1
2610A —
21d t�cS'ON - _HfUrM Al2L'EIl WdHT:2 T002'62,IX