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HomeMy WebLinkAbout2002-264ORDINANCE NO. 6V � T AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF THE NORTHWEST ELEVATED STORAGE TANK SUPPLY LINE; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 2874—NORTHWEST ELEVATED STORAGE TANK SUPPLY LINE AWARDED TO TEXAS UTILITY CONSTRUCTION, INC.6 IN THE AMOUNT OF $344,825.74). 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 2874 Texas Electric Utility Construction, Inc. $344,825.74 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 &4jday of ,2002 EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY l:" 3-ORD- BID 2874 Nt)RTHW9ST STORAGE TANK SUPPLY LINE - CONTRACTUAL ORDINANCE CONTRACT AGREEMENT STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT, made and entered into this 3rd day of September A.D., 2002, by and between City of Denton of the County of Denton and State of Texas, acting through Michael A. Conduff thereunto duly authorized so to do, hereinafter termed "OWNER," and Texas Electric Utility Construction Inc. 4613 Hwy. 1417 N Sherman, TX 75091 of the City of Sherman County of Grayson and State of Texas , hereinafter termed "CONTRACTOR." WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by OWNER, and under the conditions expressed in the bonds attached hereto, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified below: Bid 2874-Northwest Elevated Storage Tank Supply Line in the amount of $ 344,825.74 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 C"J IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. ATTEST: Secret City of Denton (SEAL) Texas Electric Utility Construction 44- /�/C/O' NTRACTOR l� VzAt- MAILING ADDRESS 903-893-0949 PHONE NUMBER 903-893-3379 FAX NUMBER Im TITLE David 4,PPVONk0 AS TO FORM: PR 421FUNMR9,07. V G4't� W-& CITY ATTO Y CA-3 J j AL) '"'i� c W : SEAL = NORTHWEST ELEVATED STORAGE TANK SUPPLY LINE 810 TABULATION SHEET Work Days As Stated 150 in General Provisions Bid No. 2874 P.O. No. Item Description I Quantity Unit Unit Price 1 Total 1.21 Contractors Warranties and Umderstandi s 1 1 LS $ 3955.99435/ LS $3 955.99. Unit Price In Words . Three Thousand Nine Hundred Fiftv Five Dollars and .99435 Cents 2.12 6' Water Line Thickness Class 52 46 LF $18.65440 / LF $ 858.10 Unit Price In Words Eighteen Dollars and .65440 Cents 2.12 . 16" Water Line Thickness Class 51 278 1Y $ 32.26450 / LF $8,969,53 Unit Price In Words Thirty Two Dollars and .26450 Cents 2.12 20" Water Line Thickness Class 51 1 978 LF $ 56.59200 / LF $ 55,346.97 Unit Price In Words Fifty Sig Dollars and .59200 Cents 2.12 20" Water Line Thickness C1ass 52 1 212 LF 03.32548 / LF $9,185.00 Unit Price In Words Forty Three Dollars and .32548 Cents 2.12.8 Ductile Iron Fittings 1 100 1 LB $222.22807 / LB $22,222.81 Unit Price It Words Two Hundred Twenty Two Dollars and .22807 Cents 2.13 6" Grate Valve 1 $618.5796$ / $618.58 Unit price In Words Sig Hundred Eighteen Dollars and .57968 Cents Z.13 16" Gate Valve 1 EA $4303.96066 / E.A. $4,303.96 Unit price In Words Four Thousand Three Hundred Three Dollars and .96066 Cent 2.13 16" Tapping Sleeve & Valve 1 EA $7699.06677 / EA $7,699.07 Unit Price In Words Seven Thousand Six Hundred Ninety Nine Dollars and .06677 Cents. 2,13 20" Gate Valve 3 EA $8649.19493 / EA $25,947.58 Unit Price In Words Eight Thousand Six Hundred Forty Nine Dollars and .19493 Cents 2.14 Fire Hydrant Assembly i I EA $1656.05039 / EA $1,656.05 . Unit Price In Words One Thousand Six Hundred Fifty Six Dollars and .05039 Cents 3.10.4 Broadcast Seeding 600 Sy $2.77079 /SY $1,662.47 Unit Price In Words Two Dollars and .77079 Cents -M i nnrn P 3 "*IORTHWEST ELEVATED STORAGE TANK SUPPLY LINE BUl TABULATION SHEET Work Days As Stated 150 in General Provisions Bid No. 04 P.O. No, Item Description I Quantity jUnitj Unit Priea Total 3,12 Tem orary Erosion Control 1 1 1 LS $ 3879.09951 / LS $3,879.10 Unit Price In Words Three Thousand Eight Hundred Seventy Nine Dollars and .09951 Cents 6.4 Boring 1 519 1 LF $ 359.81419 / LF 1 $ 186,743.56 Unit Price In Words Three Hundred Fifty Nine Dollars and .81419 Cents 8.1 Barricade, Detours, and Warning Si 1 LS $ 2770.78537 / LS $2,770.79 Unit Price In Words Two Thousand Seven Hundred Seventy Dollars and .78537 Cents SP 10 Rock Excavation I CX $138.53927 / CX $ 6,926.96 Unit Price In Words One Hundred Thirty Eight Dollars and .53927 Cents SP-37 Excavation Protection 876 LF S 1.11831 1 LF $ 970.88 Unit Price In Words One Dollar and .10831 Cents SP-39 Project Signs 2 1 EA $ 554.15707 / EA $1,108.31 Unit Price In Words Five Hundred Fifty Four Dollars and .15707 Cents TOTAL $ 344,825.73 711112nn2 P 4 BID SUMMARY TOTAL BASE BID PRICE IN WORDS Three Hundred Forty Four Thousand Eight Hundred Twenty Five Dollars and .73 In. the event of the award of a contract to the undersigned, the undersigned will furnish a performance bond and a payment bond for the full amount of the contract, to secure proper compliance with the terms and provisions of the contract, to insure and guarantee the work until final completion and acceptance, and to guarantee payment for all lawful claims for labor performed and materials furnished in the fulfillment of the contract It is understood that the work proposed to be done shall be accepted, when fully completed and finished in accordance with the plans and specifications, to the satisfaction of the Engineer. The undersigned certifies that the bid prices contained in this proposal have been carefully checked and are submitted as correct and final. Unit and hump sum prices as shown for each item listed in this proposal, shall control over extensions. P-S Receipt is hereby acknowledged of the following addenda to the plans and specifications: Addendum No. 1 dated July 31, 2002 Received Addendum No. 2 dated August 5, 2002 Received a W Addendum No. 3 dated Received Addendum No. 4 dated Received Addendum No. 5 dated - - - Received Texas Electric Utility Construction David W. Estes, President 4613 Hwy 1417 N. Sherman, TX City and State Seal & Authorization (If a Corporation) 903-893-0949 Telephone Lim PERFORMANCE BOND Bond No. 6184470 STATE OF TE3i:AS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That Texas Electric Utility Construction Inc. whose address is 4613 Hwy. 1417 N., Sherman Texas 75902 hereinafter called Principal, and Safeco Insurance Company of Amer;ra , a corporation organized and existing under the laws of the State of __ Washington , and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, in the penal sum of Three Hundred Fortv Four Thousand Eight Hundred Twenty Five and 74/100 DOLLARS ($344,825.74 ) 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, wbich 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 2002-2 44 with the City of Denton, the Owner, dated the 3`d day of September A.D. 2002 . , a copy of which is hereto attached and made apart hereof, for Bid 2874 —Northwest Elevated Storage Tank Supply Line 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, terns, 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 tq 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 inden:mify 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. 9M f Bond No. 6184470 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 Four copies, each one of which shall be deemed an original, this the ilth day of Seotemher 2002 ATTEST: BY: SEC AID: ATTEST: BY: JwAIL &Oct� Heidi Bockus, Attorney -in -Fact PRINCIPAL Texas Electric Utility Construction, -Inc.- _ PRESIDENT SURETY Safeco Insurance Comoanv of America A ORNEYJN-FACT Rrista M. s ro erg The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is: NAME: Safeco.Insurance Company of Amn iCa STREET ADDRESS: 1600 N. Collins Blvd., Richardson Tx 75080 (NOTE: Date of Performance Bond must be date of Contract. If Resident Agent is not a corporation, give a person's name.) Him SAFECO Insurance Company S A F E C O® POWER SAFECOInsu PO Box 34526 OF ATTORNEY Seattle, WA 98124-1526 No. 347 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint r"PATRICK D. DINEEN; HEIDI BOCKUS; KRISTA M. STROMBERG; KATHIE L. WIEGERS; TEVY LOR; THOMAS 1. JOCHUMS; JAY A. MILEY; SUZANNE HOLDEN; APRIL L. CHAMPAGNE; Seattle, Washingtonrwwrr+wr«wrr+»+wrrwwrw+wwrw+wrwwwrrw»rrrrrarrrrarrrarrrrrrrrrrrrarrrrrrrrrrnrrrrrrrrrrr»arrrrr+r»»«+»r+++r++r»r 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 i R.A. PIERSON, SECRETARY this 5dr day of November , 2001 CERTIFICATE MIKE MCCIIGAVICK, PRESIDENT Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as aftomeys-in-fad or under other appropriate fifies 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 appoinbnent 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 (if) A copy of the power-of-attomey appointment, executed pursuant thereto, and (iii) Certifying that said powerof-attomey appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, R.A. Pierson, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby 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 11th day of September 1 2002 SEAL s SEAL T 1953✓ ts2� e0/ VA Caf Waite R.A. PIERSON, SECRETARY S-0974/SAEF 2/01 ® A registered trademark of SAFECO Corporation 11/5/01 PDF PAYMENT BOND Bond No. 6184470 STATE OF TE}SAS COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS: That Texas Electric Utility Construction 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 Washington and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, and unto all persons, firms, and corporations who may furnish materials for, or perform labor upon, the building or improvements hereinafter referred to, in the penal sum of Three Hundred & Forty Four Thousand, Eight Hundred & '`weary Five and 74/00 DOLLARS ($ 344. 225.74) 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, fumly 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- 264, with the City of Denton, the Owner, dated the 3 d day of September A.D. 2002 , a copy of which is hereto attached and made apart hereof, for Bid 2874 —Northwest Elevated Storage Tank Supply Line 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 terns 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. 9M Bond No. 618447Q This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, as amended, and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Denton County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such surety,, as provided by Article 7.19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas. IN WITNESS WHEREOF, this instrument is executed in Four copies, each one of which shall be deemed an original, this the 11th day of September 2002 . r:Vw1MU BY: SECRETARX BY: ZJA Heidi Bockus, Attorney -in -Fact PRINCIPAL Texas Electric utility �Construtt on, Inc. BY: RESIDNT. SURETY Safeco Insurance Company of America BY: A ORNEY-IN-FACT xrista M. S o berg The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is: NAME: Safeco Insurance Company of America STREET ADDfl.ESS: 1600 N. Collins Blvd Richardson TX 75083 (NOTE: Date of Payment Bond must be date of Contract. If Resident Agent is.not a corporation, give a person's name.) S A F E C O® POWER SAFECO Insurance Company PO Box 34526 OF ATTORNEY Seattle, WA 9e124-1526 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, Washvigum>rrrr»rarrr>»rrrr++rwww+wwrrr»rarnurrarrrrrr++ww++r++w+rrr>rrrrrarrurrarrrr+rwrw+r>rrrrrrrrrarrrwaara 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 this 51h day of November 2001 P a-A-v R.A. PIERSON, SECRETARY MIKE MCK, PRESIDENT CERTIFICATE Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint Individuals as aftomeys-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, (i) The provisions of Article V, Section 13 of the By -Laws, and (it) A copy of the power-of-atiomey appointment, executed pursuant thereto, and (iii) Certifying that said powenofattomey 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 llth day of September 2002 R.A. PIERSON, SECRETARY S-0974/SAEF 2/01 ® A registered trademark of SAFECO Corporation 11/5101 PDF rU SAFECO' State of Texas Surety Bond Claim Notice In accordance with Section 2253.021(f) of the Texas Government Code and Section 53.202(6) of the Texas Property Code, any notice of claim to the named surety under this bond(s) should be sent to: SAFECO Surety Adams Building 4634 154th PL NE Redmond, WA 98052 Mailing Address: SAFECO Surety PO Box 34526 Seattle, WA 98124 Phone: (425) 376-6535 Fax: (425) 376-6533 www.SAFECO.com a S-8128/SAEF 8101 ® A registered trademark of SAFECO Corporation FRP All -Purpose Certificate of Acknowledgment State of Washington County of King On September 11, 2002 before me, Kathie L. Wiegers DATE NAME OF NOTARY PUBLIC personally appeared Krista M. Stromberg and Heidi Bockus NAME(S) OF SIGNER(S) Ef personally known to me - OR ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in 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) El 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 & Payment Bond Number of Pages Four (4) Date of Document September 11, 2002 Signer(s) Other Than Named Above Texas Electric Utility Construction, Inc. of America Documenl5 CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Bidder's attention is directed to the insurance requirements below. It is highly recommended that bidders confer with their respective insurance carriers or brokers to determine in advance of Bid submission the availability of insurance certificates and endorsements as prescribed and provided herein. If an apparent low bidder fails to comply strictly with the insurance requirements, that bidder may be disqualified from award of the contract. Upon bid award, all insurance requirements shall become contractual obligations, which the successful bidder shall have a duty to maintain throughout the course of this contract. STANDARD PROVISIONS: Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted work has been completed and accepted by the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter. As soon as practicable after notification of bid award, Contractor shall file with the Purchasing Department satisfactory certificates of insurance, containing the bid number and title of the project. Contractor may, upon written request to the Purchasing Department, ask for clarification of any insurance requirements at any time, however, Contractors are strongly advised to make such requests prior to bid opening, since the insurance requirements may not be modified or waived after bid opening unless a written exception has been submitted with the bid. Contractor shall not commence any work or deliver any material until he or she receives notification that the contract has been accepted, approved, and signed by the City of Denton. All insurance policies proposed or obtained in satisfaction of these requirements shall comply with the following general specifications, and shall be maintained in compliance with these general specifications throughout the duration of the Contract, or longer, if so noted: Each policy shall be issued by a company authorized to do business in the State of Texas with an A.M. Best Company rating of at least A. Any deductibles or self -insured retentions shall be declared in the bid proposal. If requested by the City, the insurer shall reduce or eliminate such deductibles or self -insured retentions with respect to the City, its officials, agents, employees and volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. Liability policies shall be endorsed to provide the following: •• Name as additional insured the City of Denton, its Officials, Agents, Employees and volunteers. •• That such insurance is primary to any other insurance available to the additional insured with respect to claims covered under the policy and that this insurance applies separately to each insured against whom claim is made or suit is brought. The inclusion of more than one insured shall not operate to increase the insurer's limit of liability. • All policies shall be endorsed to read: "SAID POLICY SHALL NOT BE CANCELLED, NONRENEWED OR MATERIALLY CHANGE WITHOUT 30 DAYS ADVANCED WRITTEN NOTICE BEING GIVEN TO THE OWNER (CITY) EXCEPT WHEN THE POLICY IS BEING CANCELLED FOR NONPAYMENT OF PREMIUM IN WHICH CASE 10 DAYS ADVANCE WRITTEN NOTICE IS REQUIRED': • Should any of the required insurance be provided under a claims -made form, Contractor shall maintain such coverage continuously throughout the term of this contract and, without lapse, for a period of three years beyond the contract expiration, such that occurrences arising during the contract term which give rise to claims made after expiration of the contract shall be covered. • Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit providing for claims investigation or legal defense costs to be included in the general annual aggregate limit, the Contractor shall either double the occurrence limits or obtain Owners and Contractors Protective Liability Insurance. • Should any required insurance lapse during the contract term, requests for payments originating after such lapse shall not be processed until the City receives satisfactory evidence of reinstated coverage as required by this contract, effective as of the lapse date. If insurance is not reinstated, City may, at its sole option, terminate this agreement effective on the date of the lapse. SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: All insurance policies proposed or obtained in satisfaction of this Contract shall additionally comply with the following marked specifications, and shall be maintained in compliance with these additional specifications throughout the duration of the Contract, or longer, if so noted: [X] A. General Liability Insurance: General Liability insurance with combined single limits of not less than $1,000,000 shall be provided and maintained by the Contractor. The policy shall be written on an occurrence basis either in a single policy or in a combination of underlying and umbrella or excess policies. If the Commercial General Liability form (ISO Form CG 0001 current edition) is used: • Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual liability covering this contract and broad form property damage coverage. • Coverage B shall include personal injury. • Coverage C, medical payments, is not required. If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) is used, it shall include at least: • Bodily injury and Property Damage Liability for premises, operations, products and completed operations, independent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures. • Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability. [X] Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than $500,000 either in a single policy or in a combination of basic and umbrella or excess policies. The policy will include bodily injury and property damage liability arising out of the operation, maintenance and use of all automobiles and mobile equipment used in conjunction with this contract. Satisfaction of the above requirement shall be in the form of a policy endorsement for: • any auto, or all owned, hired and non -owned autos. [X] Workers Compensation Insurance Contractor shall purchase and maintain Worker's Compensation insurance which, in addition to meeting the minimum statutory requirements for issuance of such insurance, has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 policy limit for occupational disease. The City need not be named as an "Additional Insured" but the insurer shall agree to waive all rights of subrogation against the City, its officials, agents, employees and volunteers for any work performed for the City by the Named Insured. For building or construction projects, the Contractor shall comply with the provisions of Attachment 1 in accordance with §406.096 of the Texas Labor Code and rule 28TAC 110.110 of the Texas Worker's Compensation Commission (TWCC). [ ] Owner's and Contractor's Protective Liability Insurance The Contractor shall obtain, pay for and maintain at all times during the prosecution of the work under this contract, an Owner's and Contractor's Protective Liability insurance policy naming the City as insured for property damage and bodily injury which may arise in the prosecution of the work or Contractor's operations under this contract. Coverage shall be on an" occurrence" basis, and the policy shall be issued by the same insurance company that carries the Contractor's liability insurance. Policy limits will be at least combined bodily injury and property damage per occurrence with a aggregate. [ ] Fire Damage Legal Liability Insurance Coverage is required if Broad form General Liability is not provided or is unavailable to the contractor or if a contractor leases or rents a portion of a City building. Limits of not less than each occurrence are required. [] Professional Liability Insurance Professional liability insurance with limits not less than per claim with respect to negligent acts, errors or omissions in connection with professional services is required under this Agreement. [ ] Builders' Risk Insurance Builders' Risk Insurance, on an All -Risk form for 100% of the completed value shall be provided. Such policy shall include as "Named Insured" the City of Denton and all subcontractors as their interests may appear. [ ] Commercial Crime Provides coverage for the theft or disappearance of cash or checks, robbery inside/outside the premises, burglary of the premises, and employee fidelity. The employee fidelity portion of this coverage should be written on a "blanket" basis to cover all employees, including new hires. This type insurance should be required if the contractor has access to City funds. Limits of not less than each occurrence are required. [ ] Additional Insurance Other insurance may be required on an individual basis for extra hazardous contracts and specific service agreements. If such additional insurance is required for a specific contract, that requirement will be described in the "Specific Conditions" of the contract specifications. ATTACHMENT 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 foodibeverage vendors, office supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any overage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the Contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain from each other person with whom it contracts, and provide to the contractor: (a) a certificate of coverage, prior to the other person beginning work on the project; and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self - insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. 10/10/2002 10:47 9038933379 TEXAS ELECTRIC PAGE 02/03 . '.� 4. -=F� 7 Z.-A�� m�. ..--l'! �-&-ISV14 "� k !� mt%s #072 P.004/004 CERTIO I CATE NUMPER .1W AOOUCER TMI4 CERTIFICATE 13 104YED AS A MATTER OF INFORMATION ONIX AND CONFERS Mom USA, Inc. THAN 71401,019 PROVIOCO IN TIIE 1215 Fourth Avenue, Suite 2300 POLICY. 11119 CERTIFICATE DOES 40T AMFND, INTEND OR ALTER TKE CQVCRACE Seaft, WA 08161-1095 AFFORbFOBY THUPOLICIE3 Ocacmupto MEREIN. Attn: Andra StubbR (200) 613-9.1415) COMPANIES TO—RDINOCOVERAGE — _ COMPANY ?83219-002-, MHD A LIBERTY MUTUAL INSUKANCE CO INWRhu rAIMPAW INFRASTRUX GROUP, INC. 0 TEXAS ELECTRIC UTILITY CONSTRUCTION, INC, ....... . ...... 4613 HWY. 1417 N. 00mrAmy P.O. Box Rzi I .5HERMAN. TX 75001 - ----- COMPANY TALC IS FOLIOICO OF WAGRIDED I MALIN K0kVQ MEN 155UW TO n IN 0awris THE! PCHICY PVRIOD NbloATED. NOTM I HSTANDRIM My REOUINEMEN I.'I'XRM OR C"OTTION OR ANY WKI AFACTOR O'nIEFt DOCUMENT WITH RR5P&G I IOWMk',HTHKng"WICATUMAySE139UC-DORrAA, ftk,TAIN. TIE INSURANCE AIFUM(;Fp Ry Dip FOLIC10 OR$CKIUEL1 KFAFIN L,.%I(IJVTTOALL THE ILKM*k CQNDF710NO AND 17=011SIONS Or!RXHPOLICIES. ACCH%"rE 1 WITH rIlOWN MAY RAVE UttN RFDW.RD BY PAID OLAmB. LIR TYPE OF INSURANCE POLICY NUMBER roucTCOFFECTNIF PIIUCYVXPIRATMIO GAFF (MMMOtM DATE IMNUODIYYI LM"(3 D A GCNaRhLUA5IUTT - CENARALA DAG18M- -9,000,0UL). CUMMENCIAI C,'FNFRAI LIABILITY -I PIOPLICT3 - COMINOP ACC CLAIMS MAOI, Z71 OCCUR PUR.10KAL A AOV INJURY 1- s I'000.000 . �EEAfCH OCrURRFNOA t:A'$ -% QQKTRAC' TnA-4 rROT i 00,0TY) DAMAGIF Wig We m;'-+15 1.959 MED CXP (Aily A AUTOMOBILE LIABILITY AS1-691.004226-012 0111301D2 01101103 ('.O%InlNgb RINGLE LIMIT ANY AUTO ALL CWNEVAUIVIS "'.."Ry IN;IUF11 $ D011COULtUALOU5 (PIr X 4APr)A1.1To9 oo-Z 7y JMJURy XHNON-ONEUAUIQ$, v4 j s V1460CRTYIDAMAGE DAMAGE UAWI,ITY AUTO ONLY -CA ADVOCAT 45 -SLINI;51HAN AU 10 QML'r: ANYAUW $ q FM mArciorNIT Aq'GppxwrE — EXCC30 UABILFIT ..FACu OrQuRRENCC UMBRELLA FORM 14U] A M14 F HtK INAN UMBRELLA FORM I $ A nAA RAN WORN $ com MrWYEROLL14mu" WCI-69141 4228-032 01101102 4!5 11 A 11 k1-Z I I I I CAP INCLUDEDFAC!1AC.GMfVT [STOP THE PROPRIETOR( INVL I'ARTNERMXEZV I WI- FL RI5CA8C-FVLK;Y LIMN i $ CrIFMCERS ARE, gXCL DESCRIPTION UFOP*R—ATIONSILOgATlot4aNem;gLt;S*PEOW.$TrMs— IRE INSURIM AFFORDING aWMAWE PALL qMMAW. 'U MINI 41kyj POT= TO ry5 CITY OF DENTON 901 B TEXAS STREET i0i iflT, NAIRID HEREIN. BUT FAILURE To MAN MION NOTION qKLL W04k NO n1ki *ARM %N DENTON, TX 76209 1 MSILITY OF MYKIND UPON TIM 1"5MRAI I TA hDr.h-A DR RSPR65bHT1AWjG. 011, *�oP� Tj%1;1.1W K'All MANAM U3A INC. iky: JIm L, Metcalf e: 10/08/02 TOE 11:22 [TX./RR NO 50051 IM004 Marsh USA Inc. 10/10/02 3:02: PAGE 1/2 RightFAX Facsimile Transmittal Sheet From: Andra Stubbs To: Robert Waggoner Phone: Fax: (940)349-7870 Date: 10-Oct-02 Attention: Time: 03:01 PM Company: Message: MARSH M MM[ Company The informutton contained in this facsimile message is confidential may be priwleged, and is intended for the use ofthe individual or enbh named above. If you, the reader ofthts message are not the intended mcipiem, the agent, or employee responsible for daitvertng this inforinadon to the intended recipient you are arpressly prohibited from copying, disseminating, distributing, or in any other way using any ofthe inforn anon contained in this facstnitle messages Marsh USA Inc. 10/10/02 3:02: PAGE 2/2 RightFAX CERTIFICATE NUMBER SEA-000603349-07 11 i6ouCER NO CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS Marsh USA, Inc. NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED N THE 1215 Fourth Avenue, Suite 2300 POLICY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE Seattle, WA 98161-1095 AFFORDED BY THE POLICIES DESCRIBED HEREIN. Attn: Andra Stubbs (206) 613-2415) COMPANIES AFFORDING COVERAGE COMPANY 83219-W2— MHD A LIBERTY M UTUAL INSURANCE CO INSURED COMPANY INFRASTRUX GROUP, INC. B TEXAS ELECTRIC UTILITY CONSTRUCTION, INC 4613 HWY. 1417 N. COMPANY P.O. BOX 2211 C SHERMAN, TX 75091 CQAPNJV D THIS 13 TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INa1RE0 NAMED HEREIN FOR THE PCICY PERIOD INDICATED. NOTVATHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT MATH RESPECTTO VMICH THE CERTIFICATE MAY BE ISSUED OR MAY PERTAN, THE INSURANCE AFFORDED BY THE POUCES DESCRIBED HEREIN IS SUBJECT TO Al THE TERM$ CONDITONS AND EXCLUSONS OF SUCH POLICES AGGREGATE LIMITS SHOVN MAY HAVE BEEN REDUCED BYPAD CAMS. CO LTR TYPE OF INSURANCE POLICYNUMBER POU"EFFECTPAE DATE(MMIODTYY) POLICYEXPIRATION DATE(MMIDDRYY) LIARS A GENERAL UABILITY TB7-NI -004228-022 06/30102 01/01/03 GENERAL AGGREGATE $ 5,000,000 PRODUCTS-COr1PIOP AGG 5,000,000 X COMMERCN_' GENERAL LIABILITY 0.NMSMA)E Ffl OCCUR _ PERSONA.&ADVINJURV $ 1,000,000 EACH OCCURRENCE $ 1,000.000 OMRER'S&CONTRACTOR'SPROT FIRE DAMAGE (My me rre) $ 100,000 MED EXP (Any me peen $ 10.000 A AUTOMOBILE LIABIUTY AS1.891.00422&012 06rM02 01/01/03 COMBINED SINGLE LIMIT $ 1,000,000 %t ANY AUTO BODILYINJURY $ AL CRMED AUTOS SCHEDULED AUTOS (Pe peep) X aODILYINJURY (Pe acddmU $ HIRED AUTOS NOR-ONNED AUTOS %( PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY - EAACCOENT $ OTHER THAN ALTO ONLY - NRV AUTO -- -'"- EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ AGGREGATE $ UMERELLAFCRM $ OTHER THAN UMBRELLA FORM p EMPLOYERWLIABIUITY STOPGAP INCLUDED V1CI.691-004226-032 01/01/02 01/01/03 X TORV LIMITS ER y"' EL EACH ACCIDENT $ 1,000,000 EL DISEASE -POLICY LIMIT $ 1,000,000 THE PROFRIETOR/ INa PARTNERSIEXECITVE OFFICRS ARE EXC_ ELmSEPSEEACH EMPLOYEE $ 1,000,000 A Auto Physical Damage S1-681-004228-012 06rM02 01/01/03 Comp-$500/$1,000 Xtra Heavy Coll-$1,000/$1,500 Xtra Heav DESCRIPTION OF OPERATIGNSILOCATIONSIVEHNXESISPECLL ITEMS THE CITY OF DENTON IS INCLUDED AS AN ADDITIONAL INSURED AS REQUIRED BY WRITTEN CONTRACT. WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF DENTON APPLIES FOR WORKERS' COMPENSATION. --m.._ ... ......._... ............. ._.....". SHOULD ANY OF THE POLICIES DESMIBED HEREIN BE GN I-60 BEFORE TIE EXPIRATION DATE TIERE6, THE INSURER AFFOBDINO OW RAOF YAIl ENDEAVOR TO MUL A0 DAYS Y ITTEN NOTICE TO THE CITY OF DENTON 901 B TEXAS STREET OERTFIGTE HIO.DER NAMED HEREIN BUT FAILURE TO MHIL SCHMOTIC SNLL IMPOSE NO MLIMMOR M DENTON, TX 76209 UABILDYOF ANYKIHD I.PONIFE INS U!R AFFORDINO COVERAGE. ITS AOENTSOR REPRESENTATIVES, OR THE IS6UER MMSCERTFlGTE. MARSH USANG r. Jim L. Metcalf (%^- e 04.""� MARSH USA INC. CERTIFICATE OF INSURANCE sen-0ooss2neoD PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS Marsh USA, IOC. NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE 1215 Fourth Avenue, Suite 2300 POLICY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE Seattle, WA 98161-1095 AFFORDED BY THE POLICIES DESCRIBED HEREIN. Attn: Andre Stubbs (206) 613-2415) COMPANIES AFFORDING COVERAGE COMPANY 83219-002— A LIBERTY MUTUAL INSURANCE CO INSURED COMPANY INFRASTRUX GROUP, INC. B TEXAS ELECTRIC UTILITY CONSTRUCTION, INC COMPANY 4613 HWY. 1417 N. P.O. BOX 2211 C SHERMAN, TX 75091 COMPANY D COVERAGES This certificate supersedes and,replaces_anypreviously Issued cadficate tcnthe policypedodnotedbelow. 1 THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, CONDITIONS AND EXCLUSIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE(MM/DOM) POLICY EXPIRATION DATE(MMIDDIYY) LIMITS A GENERAL LIABILITY TB1-691-004226.022 06I30/02 01101/03 GENERAL AGGREGATE $ 5,000,000 PRODUCTS - COMP/OP AGG $ 5,000,000 X COMMERCIAL GENERAL LIABILITY CLAIMS MADE 1XI OCCUR PERSONAL BAOV INJURY $ 1,000,000 EACH OCCURRENCE $ 1,000,000 OWNER'SSCONTRACTOR'S PROT FIRE DAMAGE one Bre $ 100,000 MED EXP (Anyone rmn $ 10,000 A AUTOMOBILE LIABILITY AS1-691-004226-012 06/30/02 01/01/03 COMBINED SINGLE LIMB $ 1,000,000 %t ANY AUTO BODILY INJURY (Per perms) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (PereWtlent) $ %t HIRED AUTOS NON -OWNED AUTOS X PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY.EAACCIDENT $ OTHER THAN AUTO ONLY: ANY AUTO EACHACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ AGGREGATE $ UMBRELLAFORM $ OTHER THAN UMBRELLA FORM A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY STOP GAP INCLUDED WC1-691-004226-032 06/01/02 01/01/03 X I S - OTH TORY LIMBS ER EL EACHACCIDENT $ 1,000,000 EL DISEASE.POLICY LIMIT $ 1,000,000 THE PROPRIETOR/ INCL PARTNERSIEI(ECUTIVE OFFICERS A F1 EXCL EL DISEASE -EACH EMPLOYEE $ 1,000,000 A AS1-691-004226.012 06/30/02 01/01/03 Comp -$500/$1,000 Xtra Heavy Auto Physical Damage Coll - $1,000/$1,500 Xtra Heav DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLESISPECIAL ITEMS (LIMITS MAY BE SUBJECT TO DEDUCTIBLES OR RETENTIONS) THE CITY OF DENTON, ITS OFFICIALS, AGENTS, EMPLOYEES AND VOLUNTEERS ARE ADDITIONAL INSUREDS AS RESPECTS THEIR INTEREST IN THE OPERATIONS OF THE NAMED INSURED AS REQUIRED BY WRITTEN CONTRACT REGARDING GENERAL LIABLITY. fCERTIFICATE'HOLDER - -- `- - - - CANCELLATION. - SHOULD ANY OF THE POLICIES DESCRIBED HEREIN BE CPNCELIED BEFORE THE EXPIRATION CALL THEREW, THE INSURER AFFORDING COVERAGE WILL ENDEAVOR TO MAIL _.30, DAYS WRmEN NOTICE TO THE CITY OF DENTON TEXAS 901 B TEXAS STREET CERTIFICATE HOLDER NAMED HEREIN, BUT FAILURE TO /MIL SIICI NOTCE SINLL IMPOSE NO OBLIGATION OR DENTON, TX 76209.4354 LIABILITY OF ANY KIND UPON ME INSURER AFFORMNG COVERAGE, ITS AGENTS OR REPRESENTATIVES. MARSH USA INC. BY: Daniel J. Ashburn - -- --.MM1(9/99)- -- _ ---_ VALID AS OF: 06114/02 10/10/2002 10:47 9038933379 TEXAS ELECTRIC PAGE 03/03 AV/LUYL u/:.)e FAX zVVtrlar0J0 MARSiI SBATPLS CASUALTY @ 002 OCT 10 102 09=33 FR INTL. 715 843 3270 TO 9120661326�5 P,02i0Z THIS ENDORSEhMNT CHANGES TIM POI.dCX. pt ZME R1: AD 7"t CAREFULLY. NOTICE OF CANCEL tATION We wa oor eaatel this Paq or make ch=W$ tilat "dQ'm dte insmtatoc 05nded by dds paliay,=j9 wdw nodee of cxnOel;R*M or xducfien kat ban m0ed of davated to those $chedulcd baaW st least s) 10 days bete the effective dote of eAneellstioo if we canal for non poyMut of px=uiem, ar b) 90 days befate the effecdre date of the Cso mWoa oY Yedue9oa ifwc W*d oc tedaoo the iam mee Rfi'otdad by VNI policy fot my odtec seuon NAAM CITY OF D>gAMiDN Zab by dm am a" Mlev 4el�.ra tgAn a,ayh eie he. epyo.fV ADIIB= "I 8 TEMU ST, DENTON TX ]� IdRW4YXUWALIMaORAN=WWANY premrom $ UBBRRYMUWALman INSVRANCB COWANY UsmTv INLUgAms colmmvON Sffaod"AN= 91*9 avm TMIMMANMeake RAao" 7M tRMLMMY III6VMNCa COAMPAmON Fm ■maamv m Policy No. ..mew lauoll to Iem.b A•div�+d WPmwnmdR•� iswed Sala Qmcc and No, Tend 8ab1 No. A319 rw 10[1 ** TOTF. PRW,02 ** 'MARSH CERTIFICATE OF INSURANCE ` CERTIFICATE NUMBER SEA-000603349-05 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS PRODUCER Marsh USA, Inc. NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE 1215 Fourth Avenue, Suite 2300 POLICY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE Seattle, WA 98161-1095 AFFORDED BY THE POLICIES DESCRIBED HEREIN. Attn: Andre Stubbs (206) 613-2415) COMPANIES AFFORDING COVERAGE COMPANY 83219-002-- MHD A LIBERTY MUTUAL INSURANCE CO INSURED COMPANY INFRASTRUX GROUP, INC. B TEXAS ELECTRIC UTILITY CONSTRUCTION, INC COMPANY 4613 HWY. 1417 N. P.O. BOX 2211 C SHERMAN, TX 75091 COMPANY D COVERAGES -`_ _ _ __- _-. __ ___--This_ceNBcate supersi des and replaces anypre_viously Issued'cer8ficate for_the polloy period noted -below: _ _3 THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, CONDITIONS AND EXCLUSIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE(MM/DD/YY) POLICY EXPIRATION DATE(MMIDDNY) LIMITS A GENERAL LIABILITY TB1-691-004226-022 06/30/02 01/01/03 GENERAL AGGREGATE c W 5,000,000 X PRODUCTS-COMP/OP AGG $ 5,000,000 COMMERCIAL GENERAL LIABILITY CLAIMS MADE FXIOCCUR PERSONAL S ADV INJURY $ 1,000,000 EACH OCCURRENCE $ 1,000,000 OWNER'SSCONTRACTOR'S PROT FIRE DAMAGE (Any one fire) $ 100,000 MED EXP (Any oneperson) $ 10,000 A AUTOMOBILE LIABILITY AS1-691-004226-012 06/30/02 01/01/03 COMBINED SINGLE LIMIT $ 1,000,000 X ANY AUTO BODILY INJURY $ ALL OWNED AUTOS SCHEDULED AUTOS (Per person) X BODILY INJURY (Per accident) $ HIRED AUTOS NON-OWNEDAUTOS X PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN AUTO ONLY: ANY AUTO EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ AGGREGATE $ UMBRELLA FORM $ OTHER THAN UMBRELLA FORM A WORKERS COMPENSATION AND EMPLOYERS'LIASH _ITY WC1-691-004226-032 01/01/02 01/01113 XWC TH- TORY LIMITS ER - EL EACH ACCIDENT $ 1,000,000 STOP GAP INCLUDED EL DISEASE -POLICY LIMIT $ 1,000,000 THE PROPRIETOR/ INCL PARTNERS/FXECUTIVE OFFICERS ARE: EXCL EL DISEASE -EACH EMPLOYEEI $ 1,000,000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS -CERTIFICATE! HOLDER - -----CANCELLATION,----,- _ - -—'"'--- SHOULD ANY OF THE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE THE "PIRATION DATE THEREOF, THE INSURER AFFORDING COVERAGE WILL ENDEAVOR TO MAIL 'An DAYS WRITTEN NOTICE TO THE CITY OF DENTON 901 B TEXAS STREET CERTIFICATE HOLDER NAMED HEREIN. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR DENTON, TX 76209 LIABILITY OF ANY HIND UPON THE INSURER AFFORDING COVERAGE, ITS AGENTS OR REPRESENTATIVES, OR THE ISSUER OF THIS CERTIFICATE. MARSH USA INC. BY: Jim L. Metcalf d - A'ti-/16 - - -MM1(3/02) - VALID AS OF: 09/19/02