HomeMy WebLinkAbout2002-214FILE REFERENCE FORM 2002-214
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Change Order Nos. 1, 2 and 3 were each under the $25,000 limit and
were annroved by staff
Order No. 4 - Ordinance No. 2003-212
Late uuumM
/15/03 1 )R
ORDINANCE NO. 0
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS
CONTRACT FOR THE CONSTRUCTION OF THE HIGHWAY 380 WATER AND SEWER
RELOCATION; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND
PROVIDING AN EFFECTIVE DATE (BID 2840—HWY 380 WATER AND SEWER
RELOCATION AWARDED TO TEXAS UTILITY CONSTRUCTION, INC., IN THE AMOUNT
OF $1,313,483.95).
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
2840 Texas Utility Construction, Inc. $1,313,483.95.
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 ofperformance 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 le� 4 day of ,2002
i
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: 1)17 q -1
4
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY: 7;; k
3-ORD- BID 2840 HwN 38WWater and Sewer Relocation
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CONTRACT AGREEMENT
STATE OF TEXAS
§ COUNTY OF DENTON §
THIS AGREEMENT, made and entered into this 16a' day of July .D., 2002, by and
between City of Denton of the County of Denton
and State of Texas, acting through Michael A. Conduff thereunto duly authorized so to do,
hereinafter termed "OWNER," and
Texas Electric Utility Construction, Inc.
4613 Hwy 1417 N
Sherman, TX 75092
of the City of Sherman County of Grason and State of Texas , hereinafter
termed "CONTRACTOR."
WITNESSETH: That for and in consideration of the payments and agreements hereinafter
mentioned, to be made and performed by OWNER, and under the conditions expressed in the bonds
attached hereto, CONTRACTOR hereby agrees with OWNER to commence and complete
performance of the work specified below:
Bid 2840 — Highway 380 Water and Sewer Relocation
in the amount of $1,313,483.95 and all extra work in connection therewith, under the terms as
stated in the General Conditions of the agreement; and at his (or their) own proper cost and expense
to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance,
and other accessories and services necessary to complete the work specified above, in accordance
with the conditions and prices stated in the Proposal and the Performance and Payment Bonds,
attached hereto, and in accordance with all the General Conditions of the Agreement, the Special
Conditions, the Notice to Bidders (Advertisement for Bids), and Instructions to Bidders, as
referenced herein and on file in the office of the Purchasing Agent, and in accordance with the
plans, which includes all maps, plats, blueprints, and other drawings and printed or written
explanatory matter thereof, and the Specifications therefore, as prepared by:
City of Denton
all of which are referenced herein and made a part hereof and collectively evidence and constitute
the entire contract.
CA-1
Independent Status
It is mutually understood and agreed by and between City and Contractor that Contractor is
an independent contractor and shall not be deemed to be or considered an employee of the City of
Denton, Texas, for the purposes of income tax, withholding, social security taxes, vacation or sick
leave benefits, worker's compensation, or any other City employee benefit. City shall not have
supervision and control of Contractor or any employee of Contractor, and it is expressly understood
that Contractor shall perform the services hereunder according to the attached specifications at the
general direction of the City Manager of the City of Denton, Texas, or his designee under this
agreement.
Indemnification
Contractor covenants and agrees to and does hereby indemnify, hold harmless and defend, at
its own expense, Owner, its officers, servants and employees, from and against any and all claims or
suits for property loss or damage and/or personal injury, including death, to any and all persons, of
whatsoever kind or character, whether real or asserted, arising out of the Work and services to be
performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or
invitees, whether or not caused, in whole or in part, by the alleged negligence of the officers,
servants, employees, of the Owner. Contractor likewise covenants and agrees to, and does hereby,
indemnify and hold harmless Owner during the performance of any of the terms and conditions of
this Contract, whether arising out of in whole or in part, any and all alleged acts or omissions of
officers, servants, or employees of Owner. The provisions of this paragraph are solely for the
benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise,
to any other person or entity.
Choice of Law and Venue
This agreement shall be governed by the law of the State of Texas and venue for its
construction and enforcement shall lie in the courts of Denton County, Texas.
The CONTRACTOR hereby agrees to commence work on or after the date established for
the start of work as set forth in written notice to commence work and complete all work within the
time stated in the Proposal, subject to such extensions of time as are provided by the General and
Special Conditions.
The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown
in the Proposal, which forms a part of this contract, such payments to be subject to the General and
Special Conditions of the Contract.
CA-2
IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the
year and day first above written.
l—w0a
City of Denton
ATTEST:
lV Texas Electric Utility Construction
CONTRACTOR
Secretary 4613 Hwy 1417 N.
Sherman, TX 75092
MAILING ADDRESS
903-893-0949
PHONE NUMBER
903-893-3379
By; President
David W. Estes
CA-3
NUMBER
_ A _ .
WIQc,c
L) .......... �y
F
'O
Project Name Work Days 180
Highway 380 Water and Sewer Relocation Bid No. 2840
P.O. Number
BID TABULATION SHEET
Item
Description
Quantity I
Unit I
Bid Price Tots!
1.21
Contractors Warranties and
I
LS
$17401.32845/ LS $ 17,401.33
Unit price In Words Seventeen Thousand Four Hundred One Dollars and .32845 Cents
2.12-A
6" Water Line 1
2"
LF
$ 22.80038 / LF
$ 5,563.29
Unit price In Words Twenty Two Dollars and .80038 Cents
2.12-A
8" Water Line
962
LF
S 25.27137 / IF
$ 24,311.06
Unit price In Words Twenty Five Dollars and .27137 Cents
2.12-A 1
10" Water Line
1216
LF
S 28.54282 / LF
$ 34,708.07
Unit price In Words Twenty Eight Dollars and .54282 Cents
2.12-A
12" Water Line 1
3324
LF
$ 32.23190 / LF
s 107,138.84
Unit Price In Words Thirty Two Dollars and .23190 Cents
2.12-A
16" Water Line
1410
LF
S 41.00217 / LF
$ 57,813.06
Unit Price In Words Forty One Dollars and .00217 Cents
2.12-A
1 18" Water Line
394
LF
$ 44.84206 / LF
S 17,667.77
Unit price In Words Forty Four Dollars and .84206 Cents
2.13
6" Valves
5
EA
$ 858.01310 / EA
$ 4,290.07
Unit price In Words Eight Hundred Fifty Eight Dollars and .01310 Cents
2.13
8" Valves
3
EA
s 1030.97071 / EA
$ 3,092.91
Unit Price In Words One Thousand Thirty Dollars and .97071 Cents
2.13
12" Valves
5
EA
$ 1618.48596 / EA
s M92.43
Unit price In Words One Thousand Eighteen Dollars and .48596 Cents
2.13
16" Valves
2
EA
$ 4537.24945 / EA
s 9,074.50
Unit Price In Words Four Thousand Five Hundred Thirty Seven Dollars and .24945
2.13
18" Valves 1
EA
$ 7010.88309 / EA
$ 7,010.88
Unit price In Words Seven Thousand Ten Dollars and .88309 Cents
SP-42
Remove Valve Stack
15 EA
$ 115.85418 / EA
S 1,737.81
Unit price In Words One Hundred Fifteen Dollars and .85418 Cents
2.12-8
6" San. Sewer Pipe 77
326
LF
$ 25.25977 / LF
s 8,234.68
Unit price In Words Twenty Five Dollars and .25977 Cents
P3
Project Name Work Days _M
Highway 380 Water and Sewer Relocation Bid No. 2840
P.O. Number
BID TABULATION SHEET
Item
Description
Quantity
Unit
Bid Price
Total
2.12-B
8" San. Sewer Pipe, 0'-5' dee
88
LF
$ 26.41986 / LF
$ 2,324.95
Unit Price In Words Twenty Six Dollars and .41986 Cents
2.12-B 1
8" San. Sewer Pipe, 5'-10'deep 1
3812
LF
$ 26.99913 /
S 102,920.68
Unit price In Wards Twenty Six Dollars and .99913 Cents
2.12-B
8" San. Sewer Pipe. 10'-15'deep 1
1702
LF $ 27.91879 / LF
547,517.78
Unit price In Words Twenty Seven Dollars and 91879 Cents
2.12-H 1
10" San. Sewer Pipe,Y-10P deep 1
628
LF
S 28.82047 . / LF
$ 18,099.25
Unit price In Words Twenty Eight Dollars and .82047 Cents
7.6-A-1
Install 4' Dia Concrete Manhole (6'
31
EA
s 1334.10185 / EA
$ 41,357.16
Unit Price In Words One Thousand Three Hundred Thirty Four Dollars and .10185
7.6-A-1
Additional Depth (4' Dia) Manhole
65 LF
g 87.00664 / LF
$ 5,655.43
Unit price In Words Eighty Seven Dollars and .00664 Cents
7.6-A-2
Install Drop Manhole (4' Dia - 6' deep
4
EA
$ 1334.10185 / EA
$ 5,336.41
Unit Price Ia Words One Thousand Three Hundred Thirty Four Dollars and .10185 Cents
7.6-A-2
Additional DqA (4' Dia.) Drop
1 13
LF
1 $ 87.00664 / LIr
IS 1,131.09
Unit price In Words Eighty Seven Dollars and .00664 Cents
7.6-A-2
Install 5' Dia. Concrete Manhole (6' )
2
EA
s 1624.12399 / EA
s 3,248.25
Unit price In Words One Thousand Six Hundred Twenty Four Dollars and .12399 Cents
7.6-A-2
fAd di-titioal DepM (YDia)Manhole
1 I4
LIr
S 127.60974 LI,
1,786.54
Unit price In Words One Hundred Twenty Seven Dollars and .60974 Cents
WS-26
Abandon Existing Manhole
1
EA
$406.03100 / EA
$ 406.03
Unit Price In Words Four Hundred Six Dollars and .03100 Cents
WS-30
Break Into Existing Manhole
1 4
EA
$522.03985 / EA
s 2,088.16
Unit price In Words Five Hundred Twenty Two Dollars and .03985 Cents
3.1
1prepration of Right of Way
LS
$ 13902.50134/ LS
$13,902.50
Unit priceIa Words Thirteen Thousand Nine Hundred Two Dollars and .50134 Cents
SP-37
ExcavationProtection
13077
LF
I S 1.16009 / LF
$ 15,170.48
Unit Price In Words One Dollar and .16009 Cents
P4
Project Name Work Days M
Highway 360 Water and Sewer Relocation Bid No. 2540
P.O. Number
BID TABULATION SIMET
Item
Description I QuantityUnit
I
Bid Price I
Total
112
I 11(177 I
Ll 1
$1.10208 / LF
1 14,411.95
-ITerapmerumoricantrol
Unit Price In Words One Dollar and .10208 Cents
3.1
DPWI, Imn pittins 1
1500
LB
y 1.85614 r LB
$2,784.21
Unit Price In Words One Dollar and .85614 Cents
6.4
U' Pwru and Case
146
LF
$226.21727 1 LF
B 33,027.72
Unit Price In Words Two Hundred Twenty Six Dollars and .21727 Cents
.4
16" Bow and Cass 116
LF
y 266.82037 /
S 30,951.16
Urdi Price In Words Two Hundred Sixty Six Dollars and .82037 Cents
G.4
18" Bore and Casing
72 LF
5 269.14055 ! LF
S 19,378.12
IJnit Pri,o In Words Two Hundred Sixty Nine Dollars and .14055 Cents
4
24" Bore and Carr
455
LF
$ 331.78533 / j.F 5150,962.3
Unit Prix In Words Three Hundred Thirty One Dollars and .78533 Cents
64
26" Hore and Casing
I J 15
LF
S 382.82923 t LF
$44,025.36
UnhPricc Iir Words Three Hundred Eighty Two Dollars and .82923 Cents
6 s
W Bore mad Casing
115
LF
i 361.42790 / LF
$42,024.21
Unit Free In Words Three Hundred Sixty Five Dollars and .42790 Cents
6.4
36" Bore and Cast
300
LF
S 401.39064 1 LF
S 120,417.1
unit Price In wM&Four Hundred One Dollars and .39064 Cents
GS
18" Driveway Casing ( Open Cnt
477
LF
g 100.03444 1 LB
47,716.43
Unit Pile In Words One Hundredd Dollars and .03444 Cents
6.6
2" Pc race Casio (Electric)
.105
LLr
S 1.78499 7 LP
901.42
Unit Price In words One Dollar and .78499 Cents
6,8
44 Polyethylone Cuing( Bloctrw)
405
LF
$2.71306 r LF
1,342.96
Unit Price In Words Two Dollars and .71306 Cents
G.B
6. Polyttirvleo Coda E7ectic)
775
LF
S5.50887 / if
4,269.38
Unir Price In Words Five Dollars and .50887 Cents
P5
Project Name Work Days 118
Highway 380 Water and Sewer Relocation Bid No. 2840
P.O. Number
BID TABULATION SHEET
Descrition Quantity
Unit
Bid Price
Total
Ei
oacrekEncasement 20
Cy I
$
98.60753
/
Cy
$
1,972.15
Unit Price In WordsNinety Eight Dollarsand .60753 Cents
2.14 JFireHydrantAssembly14
EA
$2171.99128 / EA 1
$30,407.88
Unit Price In Words Two Thousand One Hundred Seventy One Dollars and .99128 Cents
2.14A
Re -set Fire Hydrant Assembly
2
EA
$1715.06333 /
$3,430.13
Unit Price In WordsOne Thousand Seven Hundred Fifteen Dollars and .06333 Cents
216-A
Water Service (Private) 1
53 1
EA S467.33394 /
$24,768.70
Unit Price In Words Four Hundred Sixty Seven Dollars and .33394 Cents
2.16-B
Water Service -TWU3"meter&vault
1
EA
$6378.94031 / EA
$6,378.94
Unit Price In Words Six Thousand Three Hundred Seventy Eight Dollars and .94031 Cents
SP 18
Reconnect Sewer Service 1
47
EA
$401.88948 / EA
$18,888.81
Unit Price In Words Four Hundred One Dollars and .88948
3-A
Remove &Replace Curb&Gutter
144
LF
$23.230177
Unit Price In Words Twenty Three Dollars and .230177
3-B
Removal of Concrete Pavement
629
Sy
$5.80044 / Sy
$3648.48
Unit Price Ia WordsFive Dollars and .80044 Cents
3-C
Removal of Con. Sidewalks and Driveways
662
Sy
$ 5.80044 / Sy
$3,839.89
Unit Price In Words Five Dollars and .80044 Cents
5.8
Install Com to Pavement
629
Sy
_s38.28292 / SY
524,079.96
Unit Price In Words Thirty Eight Dollars and .28292 Cents
8.3
Install Concrete Driveways
1 453
Sy
$ 34.80266 / SY
$15,765.60
Unit Price In Words Thirty Four Dollars and .80266 Cents
8.3A
Install Concrete Sidewalk with Relnf. Steel
209
Sy
$ 32.48248 / Sy
$6,788.84
Unit Price In WordsTr"ty Two Dollars and .48248 Cents
5.7 D
2" Asphalt Pavement D, Patch Math
270
TON
S 75.40576 / .or
$20,359.55
UmtPrice In WordsSeventy Five Dollars and .40576 Cents
Project Name Work Days 180
Highway 380 Water and Sewer Relocation Bid No. 2840
P.O. Number
BID TA13ULAUON SHEET
Item
Description
Quantity
Unit I
Bid Price
Total
2
Coscrote saw Girt 1
1854
LF
$1.04408 y LF1
$1,935.72
UaAAPriceIn Wards One Dollar and .04408 Cents
SPr43 jAsphaltliawCd
7678
LF
$1.10208 1 LF
$8,461.80
Unit price III Words One Dollar and .10208 Cents
3.9
120
Sy
s5.80044 / 3Y
$7,205.75
UnitPiice In Words Five Dollars and .80044 Cents
3.10.7
H &mwlah
9486
Sy
s.58004 / SY
s5,502.30
.58004 Cents
10,8
Golf Coarse
902
Sy
S 13.92106 1 SY
S 12,556.80
Unit Price In Words Thirteen Dollars and .92106 Cents
8,1
Elarrigadies, Warning Signs and Detours
LS
$13921.06276/ LS
$13,921.06
UntPri , Ia Words Thirteen Thousand Nine Hundred Twenty One Dollars and .06276 Cents
SP-10
ReckExcavatice
50
Cy
1 $23.17084 1
Uuhprice In Words Twenty Three Dollars and .17084 Cents
sP-20
rAirRedeasevalves
1 2
EA
1 $4393.25539 / RA
s 8,786.51
UmitPrice In Words Four Thousand Three Hundred Ninty Three Dollars and .25539 Cents
SP-22
Cutand Line
22
EA
$463.57139 y
s10,198.57
Uni<Pta In WordsFour Hundred Sixty Three Dollars and .57139 Cents
SP-39
Sips
1 3 1
1 EA
$ 261.01993 / EA
$ 783.06
UaPrice In Words Two Hundred Sixty One Dollars and .01993 Cents
$ TOTAL 1,313,483.9
Total Bid in Words One Million Three Hundred Thirteen Thousand Four Hundred Eighty Three Dollars and .95 Cents
P7
TOTAL BASE BID PRICE IN WORDS
One Million Three Hundred Thirteen Thousand Four Hundred Eighty Three Dollars and .95 Cents
In the event of the award of a contract to the undersigned, the undersigned will finish a
performance bond and a payment bond for the full amount of the contract, to secure
progeetoinphanee-with4he 4ams-andprirpWona of the==act, to 3n m and guaiarroee
the vvoyk vsa-flM rbintpitft and woeVmft, and to $ pVtti m for -A latvfel
claims for labor perfatrned and materials furnished In the fulfillment of the contract.
It is understood that the work proposed to be done shalt be accepted, when fully completed
and finished m 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 caremy
checked and are submitted as correct and final.
Umt and hunp sum prices as shown for each item listed in this proposal, shall control over
extensions.
P - 8
Row* is hereby acknnwltdred of due R&Wing addenda w din plain alai sperik260ns:
Ad& dam No. I dated 5231002
Revived
_ _ _
Addetdum No. 2 daed 5130!20112
_
Received
_
Addcaduut No. 3 dated 51311M —
_ Received
—
:nn
AddeodNn. 4 dated —.
~ Received—„--
Addendma Nu. S dated
Received --- —.--
Texas Electric Utility Construction, Inc. ..
CONT'R4 R---
BY
David W. Estes, President
4613 Hwy 1417 N.
---' SmxtAddtes�—_.—.—..—.—
Sherman, TX 75092
— City aml Sate -----
Seal d. Aadumvanr 03-893-0949
(IfaCorporatitzu) •---_.__---.--
Telephone
P-9
PERFORMANCE BOND
STATE OF TEXAS
COUNTY OF DENTON
Bond No. 6174668
KNOW ALL MEN BY THESE PRESENTS: That Texas Electric Utility Construction, Inc.
whose address is 4613 Hwy 1417 N., Sherman. TX 75092 hereinafter called Principal, and
Safeco Insurance Company of America , a corporation organized and existing under the laws
of the State of Wa hineton , 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 Tcxas, hereinafter called Owner, in. the penal sum of
One Million. Three Hundred Thirteen Thousand, Four Hundred & Eighty Three DOLLARS and
Ninety -Five Cents ($1.313,483.95 ) plus ten percent of the stated penal sum as an additional such 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 2002-214, with the City of Denton,
the Owner, dated the 16a day of July A.D. 2002 , a copy of which is hereto attached and
made a part hereof, for Bid 2840 — Highway 380 Water and Sewer Relocation
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.
Bond No. 6174668
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 WTINESS W1-IEREOF, this instrument is executed in 4 copies, each one of which.
shall be deemed an original, this the 23rd day of auto 2002
ATTEST: PRINCIPAL
V I I
SECRETARY
ATTEST:
BY: 111 'k-tu , i1[:t-�
Heidi Bockus, Attorney -in -Fact
Texas Electric Utility Construction �\C UT/(/�,y
co.....
BY: !V G U
PRESIDENT ?•.: �Al �r�
SURETY
Safeco Insurance Company of America
BY:
A TORNEY-IN-);ACT
Erista M. Stromberg, Attorney -in -Fact
Office
The Resident Hof the Surety in. Denton County, Texas for delivery of notice and service of the
process is:
N.1E: Safeco Insurance Comoanv of America
STREET ADDRESS:
* Please send like nl
to:
(NOTE: Date of Performance Bond must be
person's name.)
9ce Company of America, Safeco Plaza,
iT 1esident Agent is not a coxporation, give a
S A F E C O° POWER SAFECO Insurance Company
PO Box WA 9
� OF ATTORNEY Seattle, WA 8124-1526
No. 347
KNOW ALL BY THESE PRESENTS:
That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby
appoint
"PATRICK D. DINEEN; HEIDI BOCKUS; KRISTA M. STROMBERG; KATHIE L. WIEGERS; TEVY LOR; THOMAS J. JOCHUMS; JAY A. MILEY; SUZANNE HOLDEN;
APRIL L. CHAMPAGNE; Seattle, Washington++«++a«ur«oua««raarawww+t++++++++apa«raaaru««««««««r«rrrraraaraa«w++++rr««aara«wrrrrr««raar««aaawa«wwa
its true and lawful attomey(s)4n-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
R.A. PIERSON, SECRETARY
this 5th day of November
CERTIFICATE
p-1—
MIKE
Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA:
4D- :`
CK, 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 attorneys -in -fact or under other appropriate tides 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 powerof-attomey appointment, executed pursuant thereto, and
(iii) Certifying that said power -of -attorney 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 We 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 23rd day of July 2002
SEAL
1953 rszs
'0f WA)VO) Hof WAsa \S R.A. PIERSON, SECRETARY
S-0974/SAEF 2/01 ® A registered trademark of SAFECO Corporation
1115101 PDF
All -Purpose
Certificate of Acknowledgment
State of Washington
County of King
On July 23, 2002 before me, Suzanne E. Holden
DATE NAME OF NOTARY PUBLIC
personally appeared Krista M. Stromberg and Heidi Bockus
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
`````OS E- yC;'IZ and acknowledged to me that he/she/they executed the same in
�;ealcn�YAIQ �� 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.
PUBLIC 'Qt
y �o� Witn ss my hand and official�l seal�W.4
0Qnn C> /YM
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)
Safeco Insurance
DESCRIPTION OF ATTACHED DOCUMENT(S)
Type of Document
Performance Bond
Number of Pages
Two (2)
Date of Document
July 23, 2002
Signer(s) Other Than Named Above
Texas Electric Utility Construction, Inc.
of America
Document7
PAYMENT BOND
STATE OF TEXAS
COUNTY OF DENTON
Bond No. 6174668
KNOW ALL MEN BY THESE PRESENTS: That Texas Electric Utility Construction, Ina,
whose address is 4613 Hwv 1417 N., Sherman. TX 75092 , hereinafter called Principal, and
Safeco Insurance Company of America , a corporation organized and existing under the laws of
the State of washinzton , 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 Larder 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 Three Hundred Thirteen
Thousand, Four Hundred & Eighty Three DOLLARS and Ninety -Five Cents {$ 1.313,483.95) 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 Trincipal
entered into a certain Contract, identified by Ordinance Number. 2002-214, with the City of Denton,
the Owner, dated the 16'h day of July A.D. 2002 , a copy of which is hereto attached,and
made a part hereof, for Bid 2840 — Highway 380 Water and Sewer Relocation
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.
IQ
Bond No. 6174668
This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government
Code, as amended, and any other applicable statutes of the State of Texas.
The undersigned and designated agent is hereby designated by the Surety herein as the
Resident Agent in Denton County to whom any requisite notices may be delivered and on whom
service of process may be had in matters arising out of such surety, as provided by Article 7.19-1 of
the Insurance Code, 'Vernon's Annotated Civil Statutes of the State of Texas.
IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of which
shall be deemed an original, this the 23rd day of July 2002 .
ATTEST: PRINCIPAL
A l /%L.LLW� Texas Electric UtilityConstruction Inc.
\A1�/ ..... 4�i}
BY: o �P,......... ..
SECRETAR BY: La UI/ < �G' COgp `��
PRESIDENT = u' ` �9 ' N
�
ATTEST: SURETY O�
BY: LZA
Safeco Insurance Company of America
Heidi Bockus, Attorney -in -Fact BY:
i
Erista M. Stromberg
Office
The Resident fxcat of the Surety in Denton County, Texas for delivery of notice and service of the
processis: I
NAME: Safeco Insurance Company of America
STREET ADDRESS: 1600 N. Collins Blvd., Richardson, T% 75080
* Please send like notice immediately to: Safeco Insurance Company of America, Safeco Plaza, Seattle, HA
98185
(NOTE: Date of Payment Bond must be date of Contract. If Resident Agent is not a corporation.,
give a person's name)
® POWER SAFECO Insurance Company
S A F E C O ttox OF ATTORNEY Seattle,
, WA98124-1526
r
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, Washingtonrtwrwrtrttw+wrrrawa+++r+r++rrrrr+wrwaaarwrurartrtwrrr+rwr+rartwrrwrrarrrrnrrrnrarruru++rrr++rtr+r++++r+rarrwwrrtt
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
RJL PIERSON, SECRETARY
this 5th day of November
CERTIFICATE
� a-AW
MIKE MP
ICK, PRESIDENT
Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA:
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 attorneys -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
(ii) A copy of the power-0f-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 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
SEAL
Of
this 23rd
CORPORATE '
SEAL
day of July 2002
R.A. PIERSON, SECRETARY
S-09741SAEF 2/01
O A registered trademark of SAFECO Corporation
1115/01 POF
..,
All -Purpose
Certificate of Acknowledgment
State of Washington
County of King
On July 23, 2002 before me, Suzanne E. Holden
DATE NAME OF NOTARY PUBLIC
personally appeared Krista M. Stromberg and Heidi Bockus
NAME(S) OF SIGNER(S)
E1 personally known to me - OR
E.
�10TARy'"
PUBLIC
❑ 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)
0 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
Payment Bond
Number of Pages
Date of Document
Two (2)
July 23, 2002
Signer(s) Other Than Named Above
Texas Electric Utility Construction, Inc.
Safeco Insurance Companv of America
Document7
-
s
-vim CERTIFICATE HUMMER
SEA-000538351-00
PRODUCER
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
Marsh USA, Inc.
1215 fourth Avenue, Suite 2300
NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED N THE
POLICY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE
Sestte, WA 98161-1095
AFFORDED BY THE POLICES DESCRIBED HEREIN.
Alin: Andra Stubbs (205) 613-2415)
COMPANIES AFFORDING COVERAGE
COMPANY
83219.W2—
A LIBERTY M UTUAL INSURANCE CO
INSURED
COMPANY
INFRASTRUX GROUP, INC.
S
TEXAS ELECTRIC UTILITY CONSTRUCTION, INC
4613 HWY. 1417 N.
COMPANY
P.O. BOX 2211
C
SHERMAN, TX 75091
COMPANY
D
THIS IS TO CERTIFY THAT POLICES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED.
NOTVATHSTANDING MY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT MATH RESPECT TO VMICH THE CERTIFICATE MAY BE ISSUED OR MAY
PERTAIN. THE INSURANCE AFFORDED BY THE POLICES DESCRIBED HEREIN IS SUBJECT TO Al THE TERMS; CONDITIONS AND ERCLUSONS OF SUCH POLICES LI WITS SHOWN
MAY HAVE BEEN REDUCED SY PAD CLAIMS
00
LTR
TYPE OF INSURANCE
POLICYNOMBER
POLICYEFFECTIVE
DATE(MMIODIYY)
POLICY EXPIRATION
DATE(MMIDOW)
LIMITS
A
GENERAL
LIABILITY
TBi-691.W4226-022 06/W02
01/01103
GENERAL AGGREGATE
$ 5,0O0,000
X
PRODUCTS-COMPbPAGG
$ 5,000,000
CCMMERQA-GENERA-LIABILITY
CLAIMSMAOEOCCUR
PERSONA.&ADVINJURY
$ 1,000,000
EACH OCCURRENCE
$ 1.000,000
OWNER'S&COITRACTOR'SPROT
FIRE DAMAGE (Any me Are)
$ 100,000
ME)EXP Any elepasm
$ 10,000
A
AITOMOBLLELIABILITY
AS11-M1-004226-012 06/30/02
01/01/03
COMBINED 9NGLE LIMIT
$ 1,000,000
X
AVY ALTO
BODILYINJIRY
pmwI
$
ALL CVINED AUTOS
SCHEDULED AUTOS
%t
SODILYINJURY
(Pa ecudmt)
$
HIRED AUTOS
NON-OMMED AUTOS
X
PROPERTY DAMAGE
$
(IMAGE LIABILITY
AUTO ONLY -EAACQOENT
$
OTHER THAN AUTO ONLY
ANY AUTO
EACH ACCIDENT
$-
AGGREGATE
$
EXCESS LABILITY
EACH OCCURRENCE
$
AGGREGATE
$
UMEFEU-AFCRM
OTHER THAN UMBRELLA FORM
$
A
WORKERSPEN A
C IABILCOMPENSATION
VIC1�1-004226-032 06/01/02
01101/03
X rfAYLIMITs ER
:EMPLO-'m==-
EL EACH ACCIDENT
$ 1.000,000
STOP GAP INCLUDED
EL DISEAg.PCLICY UMIT
$ 1,000,000
THEPROPRIETORI INCL
PARTNERSE]ECUTVE
C FIBRE ME' EXC-
EL DI3=AgrAkH EMPLOYEE
$ 1,000,000
A
Si-ffi1-W4228-012 01
01/01/03
Comp -$500/$1,ODO Xtre Heavy
Auto Physical Damage
Call 41,000/$1,500 Xtra Heav
DESORPTION OF OPERATNINSILOCATIONSIVEHMX.ESISPECW. ITEMS (LIMITS MAY BE SUBJECT TO DEDUCTIBLES OR RETENTIONS)
Evidence of Workers' Compensation Coverage. Waiver of Subrogation in favor of the City of Denton, Its officials, agents, employees and volunteers far 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 days advance notice is required.
gy
SIO LD ANY OFTHE POLICES DESCRIBED HEREIN BE GNOaLED EEFORE THE EXPIRATION DATE THEREOF,
THE INSPI AFFOROIND COVEMM WLL ENDEAVOR TO WIL �So DAYS WRITTEN NOTICS TO THE
City of Denton
901-B Texas Street
PRTFRATE HOLDER NAMED HEREIN BITE FAILURE TO MIL O NOTICE a U- IMPOSE NO OBLIGATION OR
Denton, TX 76MS
LIABILOYOF ANY(IM L 011I IN4AERAFFOROIN000VERAGE, ITSAC£NIBOR REPRESEMATNES
MARSH USA NG
r. 0aniel
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 (CIM EXCEPT WHEN THE POLICY IS BEING CANCELLED FOR
NONPAYMENT OF PREMIUM IN WHICH CASE 10 DAYS ADVANCE WRITTEN
NOTICE IS REQUIRED".
Should any of the required insurance be provided under a claims -made form, Contractor shall
maintain such coverage continuously throughout the term of this contract and, without lapse,
for a period of three years beyond the contract expiration, such that occurrences arising during
the contract term which give rise to claims made after expiration of the contract shall be
covered.
Should any of the required insurance be provided under a form of coverage that includes a
general annual aggregate limit providing for claims investigation or legal defense costs to be
included in the general annual aggregate limit, the Contractor shall either double the
occurrence limits or obtain Owners and Contractors Protective Liability Insurance.
Should any required insurance lapse during the contract term, requests for payments
originating after such lapse shall not be processed until the City receives satisfactory evidence
of reinstated coverage as required by this contract, effective as of the lapse date. If insurance
is not reinstated, City may, at its sole option, terminate this agreement effective on the date of
the lapse.
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS:
All insurance policies proposed or obtained in satisfaction of this Contract shall additionally comply
with the following marked specifications, and shall be maintained in compliance with these
additional specifications throughout the duration of the Contract, or longer, if so noted:
[X] A. General Liability Insurance:
General Liability insurance with combined single limits of not less than $1,000,000 shall be
provided and maintained by the Contractor. The policy shall be written on an occurrence
basis either in a single policy or in a combination of underlying and umbrella or excess
policies.
If the Commercial General Liability form (ISO Form CG 0001 current edition) is used:
• Coverage A shall include premises, operations, products, and completed operations,
independent contractors, contractual liability covering this contract and broad form
property damage coverage.
Coverage B shall include personal injury.
Coverage C, medical payments, is not required.
If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and ISO
Form GL 0404) is used, it shall include at least:
Bodily injury and Property Damage Liability for premises, operations, products and
completed operations, independent contractors and property damage resulting from
explosion, collapse or underground (XCU) exposures.
Broad form contractual liability (preferably by endorsement) covering this contract,
personal injury liability and broad form property damage liability.
[X] Automobile Liability Insurance:
Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits
(CSL) of not less than $500,000 either in a single policy or in a combination of basic and
umbrella or excess policies. The policy will include bodily injury and property damage liability
arising out of the operation, maintenance and use of all automobiles and mobile equipment used in
conjunction with this contract.
Satisfaction of the above requirement shall be in the form of a policy endorsement for:
any auto, or
all owned, hired and non -owned autos.
[X] Workers Compensation Insurance
Contractor shall purchase and maintain Worker's Compensation insurance which, in addition to
meeting the minimum statutory requirements for issuance of such insurance, has Employer's
Liability limits of at least $100,000 for each accident, $100,000 per each employee, and a $500,000
policy limit for occupational disease. The City need not be named as an "Additional Insured" but
the insurer shall agree to waive all rights of subrogation against the City, its officials, agents,
employees and volunteers for any work performed for the City by the Named Insured. For building
or construction projects, the Contractor shall comply with the provisions of Attachment 1 in
accordance with §406.096 of the Texas Labor Code and rule 28TAC 110.110 of the Texas
Worker's Compensation Commission (TWCC).
[ ] Owner's and Contractor's Protective Liability Insurance
The Contractor shall obtain, pay for and maintain at all times during the prosecution of the work
under this contract, an Owner's and Contractor's Protective Liability insurance policy naming the
City as insured for property damage and bodily injury which may arise in the prosecution of the
work or Contractor's operations under this contract. Coverage shall be on an "occurrence" basis,
and the policy shall be issued by the same insurance company that carries the Contractor's liability
insurance. Policy limits will be at least combined bodily injury and property damage
per occurrence with a aggregate.
[ ] Fire Damage Legal Liability Insurance
Coverage is required if Broad form General Liability is not provided or is unavailable to the
contractor or if a contractor leases or rents a portion of a City building. Limits of not less than
each occurrence are required.
[ ] Professional Liability Insurance
Professional liability insurance with limits not less than per claim with respect to
negligent acts, errors or omissions in connection with professional services is required under this
Agreement.
[ ] Builders' Risk Insurance
Builders' Risk Insurance, on an All -Risk form for 100% of the completed value shall be provided.
Such policy shall include as 'Named Insured" the City of Denton and all subcontractors as their
interests may appear.
[ ] 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.
ATTACHMENTI
[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 contractors/persons 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 #2840 — Highway 380 Water and Sewer Relocation