2010-139 F ' _ C
ORDINANCE NO. 2010-139
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS
CONTRACT FOR THE REHABILITATION OF THE PECAN CREEK WATER RECLAMATION
PLANT RAW PUMP STATION #2; PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 4500-RAW PUMP STATION #2
MCC REHABILITATIONAWARDED TO THE LOWEST RESPONSIBLE BIDDER MEETING
SPECIFICATION, C&G ELECTRIC, INC. IN THE AMOUNT OF $1995700).
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. 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
4500 C&G Electric, Inc. $199,700
SECTION 2. 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. 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. Upon acceptance and approval of the above competitive bids and the execution
of contracts for the public works and improvements ás 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. This ordinance shall become effective immediately upon its passage and
approval.
~
PASSED AND APPROVED this the - day of 92010.
/ .
<1 . ' MARK A. U HS, MAYOR
. "
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
e ~
BY:
3-ORD- d 4500
CONTRACT AGREEMENT
STATE OF TEXAS
§ COUNTY OF DENTON §
THIS AGREEMENT, made and entered into this 15 day of June A.D., 2010, by and
between City of Denton of the County of Denton and State of Texas, acting through
George C. Campbell thereunto duly authorized so to do, hereinafter termed
"OWNER," and
C & G Electric, Inc.
4801 W. University Dr. Building 102
Denton, TX 76207
of the City of Denton, County of Denton 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 # 4500- Raw Pump Station #2 MCC Rehabilitation
in the amount of $199,700 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 all local, state and federal
laws; and plans, which includes all maps, plats, blueprints, and other drawings and printed or
written explanatory matter thereof, and the Specifications therefore, as prepared by:
Citv of Denton Staff
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
Right to Audit
The OWNER shall have the right to audit and make copies of the books, records and computations
pertaining to this agreement. The CONTRACTOR shall retain such books, records, documents and
other evidence pertaining to this agreement during the contract period and five years thereafter,
except if an audit is in progress or audit findings are yet unresolved, in which case records shall be
kept until all audit tasks are completed and resolved. These books, records, documents and other
evidence shall be available, within 10 business days of written request. Further, the
CONTRACTOR shall also require all Subcontractors, material suppliers, and other payees to retain
all books, records, documents and other evidence pertaining to this agreement, and to allow the
OWNER similar access to those documents. All books and records will be made available within a
50 mile radius of the City of Denton. The cost of the audit will be borne by the OWNER unless the
audit reveals an overpayment of 1% or greater. If an overpayment of 1% or greater occurs, the
reasonable cost of the audit, including any travel costs, must be borne by the CONTRACTOR
which must be payable within five business days of receipt of an invoice.
Failure to comply with the provisions of this section shall be a material breach of this contract and
shall constitute, in the OWNER'S sole discretion, grounds for termination thereof. Each of the
terms "books", "records", "documents" and "other evidence", as used above, shall be construed to
include drafts and electronic files, even if such drafts or electronic files are subsequently used to
generate or prepare a final printed document.
CA-3
IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the
year and day first above written.
ATTEST:
City of Denton
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BY:
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(SEAL)
ATTEST:
W unolu S,., Mzm
C A 6 Eleckric Ln
CONTRACTOR
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PHONE NUMBER
APPROVED AS TO FORM:
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ITA BURGESS, 0I Y AT O EY
FAX NUMBER
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(SEAL)
CA-4
PERFORMANCE BOND
STATE OF TEXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS: That C & G Electric, Inc. whose address
is 4801 W. University Dr. Building 102 Denton, TX 76207 hereinafter called Principal, and
SureTec Insurance Comp, a corporation organized and existing under the laws of the State of
Texas, and fully authorized to transact business in the State of Texas, as Surety, are held and
firmly bound unto the City of Denton, a municipal corporation organized and existing under the
laws of the State of Texas, hereinafter called Owner, in the penal sum of One Hundred Ninety
Nine Thousand Seven Hundred DOLLARS and 00/100 ($199,700) plus ten percent of the stated
penal sum as an additional sum of money representing additional court expenses, attorneys' fees,
and liquidated damages arising out of or connected with the below identified Contract, in lawful
money of the United States, to be paid in Denton County, Texas, for the payment of which sum
well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators,
successors, and assigns, jointly and severally, firmly by these presents. This Bond shall
automatically be increased by the amount of any Change Order or Supplemental Agreement,
which increases the Contract price, but in no event shall a Change Order or Supplemental
Agreement, which reduces the Contract price, decrease the penal sum of this Bond.
THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal
entered into a certain Contract, identified by Ordinance Number 2010-139 with the City of
Denton, the Owner, dated the 15 day of June A.D. 2010, for Bid # 4500- Raw Pump Station #2
MCC Rehabilitation
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 two (2) years 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.
PB - 1
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 day of
ATTEST:
PRINCIPAL
BY:
SECRETARY BY:
PRESIDENT
ATTEST:
BY:
SURETY
BY:
ATTORNEY-IN-FACT
The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of
the process is:
NAME:
STREET ADDRESS:
(NOTE: Date of Performance Bond must be date of Contract. If Resident Agent is not a corporation,
give a person's name)
PB-2
PAYMENT BOND
STATE OF TEXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS: That C & G Electric, Inc. whose address
is 4801 W. University Dr. Building 102 Denton, TX 76207 hereinafter called Principal, and
SureTec Insurance Company, a corporation organized and existing under the laws of the State of
Texas, and fully authorized to transact business in the State of Texas, as Surety, are held and
firmly bound unto the City of Denton, a municipal corporation organized and existing under the
laws of the State of Texas, hereinafter called Owner, and unto all persons, firms, and
corporations who may furnish materials for, or perform labor upon, the building or
improvements hereinafter referred to, in the penal sum of One Hundred Ninety Nine Thousand
Seven Hundred DOLLARS and 00/100 ($199,700) 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 2010-139, with the City of
Denton, the Owner, dated the 15 day of June A.D. 2010, for Bid # 4500- Raw Pump Station #2
MCC Rehabilitation
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 fall 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.
PB-3
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 day of
ATTEST: PRINCIPAL
BY:
SECRETARY BY:
PRESIDENT
ATTEST:
BY:
SURETY
BY:
ATTORNEY-IN-FACT
The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of
the process is:
NAME:
STREET ADDRESS:
(NOTE: Date of Payment Bond must be date of Contract. If Resident Agent is not a
corporation, give a person's name.)
PB-4
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 note&
• 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.
CI-9
• 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.
• Cancellation: The City requires 30 day written notice should any of the
policies described on the certificate be cancelled or materially changed
before the expiration date.
• 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.
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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 $1,000,000.00
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 $500,000.00 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.
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[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. ,
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[ ] 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.
Cl - 13
ATTACHMENT 1
[X] Worker's Compensation Coverage for Building or Construction Projects for
Governmental Entities
A. Definitions:
Certificate of coverage ("certificate ")-A copy of a certificate of insurance, a certificate
of authority to self-insure issued by the commission, or a coverage agreement (TWCC-
81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation
insurance coverage for the person's or entity's employees providing services on a
project, for the duration of the project.
Duration of the project - includes the time from the beginning of the work on the project
until the contractor's/person's work on the project has been completed and accepted by
the governmental entity.
Persons providing services on the project ("subcontractor" in §406.096) - includes all
persons or entities performing all or part of the services the contractor has undertaken to
perform on the project, regardless of whether that person contracted directly with the
contractor and regardless of whether that person has employees. This includes, without
limitation, independent contractors, subcontractors, leasing companies, motor carriers,
owner-operators, employees of any such entity, or employees of any entity which
furnishes persons to provide services on the project. "Services" include, without
limitation, providing, hauling, or delivering equipment or materials, or providing labor,
transportation, or other service related to a project. "Services" does not include
activities unrelated to the project, such as food/beverage vendors, office supply
deliveries, and delivery of portable toilets.
B. The contractor shall provide coverage, based on proper reporting of classification codes
and payroll amounts and filing of any overage agreements, which meets the statutory
requirements of Texas Labor Code, Section 401.011(44) for all employees of the
Contractor providing services on the project, for the duration of the project.
C. The Contractor must provide a certificate of coverage to the governmental entity prior to
being awarded the contract.
D. If the coverage period shown on the contractor's current certificate of coverage ends
during the duration of the project, the contractor must, prior to the end of the coverage
period, file a new certificate of coverage with the governmental entity showing that
coverage has been extended.
E. The contractor shall obtain from each person providing services on a project, and
provide to the governmental entity:
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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.
1. The contractor shall contractually require each person with whom it contracts to provide
services on aproject, 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) 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;
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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.
CI - 16
CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ'
For vendor or other person doing business with local governmental entity
This questionnaire reflects changes made to the law by H.B. 1491, 80th Leg., Regular Session.
OFFICE USE ONLY
This questionnaire is being filed in accordance with chapter 176 of the Local Government Code by a
Date Received
person doing business with the governmental entity.
By law this questionnaire must be filed with the records administrator of the local government not
later than the 7th business day after the date the person becomes aware of facts that require the
statement to be filed. See Section 176.006, Local Government Code.
A person commits an offense if the person violates Section 176.006, Local Government Code. An
offense under this section is a Class C misdemeanor.
1 Name of person who has a business relationship with local governmental entity.
2
❑ Check this box if you are filing an update to a previously filed questionnaire.
(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business
day after the date the originally filed questionnaire becomes incomplete or inaccurate.)
T
Name of local government officer with whom filer has an employment or business relationship.
Name of Officer
This section, (item 3 including subparts A, B, C & D), must be completed for each officer with whom the filer has an employment or other business
relationship as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary.
A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the
filer of the questionnaire?
0 Y
0 N
es
o
B. Is the filer of the questionnaire receiving or likely to receive taxable income, other than investment income, from or at the direction of the
local government officer named in this section AND the taxable income is not received from the local governmental entity?
0 Yes 0 No
C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer
serves as an officer or director, or holds an ownership of 10 percent or more?
0 Y
0 N
es
o
D. Describe each affiliation or business relationship.
4
Signature of person doing business with the governmental entity Date
Adopted 06129/2007
CIQ - I
Proposal
ELECTRIC, INC. TECL # 17377
E l e c t r i c C o n t r a c t o r s
4801 W. University Drive Building 102 Denton, Texas 76207 (940) 566-0711 or (940) 387-4331 Fax (940) 387-1172
PROPOSAL SIBJh+n= TO
PHONE*
DATE
City of Denton
940-349-7100
May 11, 2010
TO THE ATTENTION OF
JOB NAb1E
Bid # 4500
STREET
901 - B Texas Street
Raw Pump Station #2 MCC Rehabilitation
=,STATE-IP
Denton, Texas 76209
PLANS BY
DATE OF PLANS
FAX II ~
IOBPHONE#
We hereby submit specifications and estimates for.
C&G Electric, Inc. proposes to provide electrical material and labor per sketches and specifications:
Base Bid: $199,700.00
Please note the following items that Are Not shown / clarified on the drawing but Are Included in the base bid
(Approximate value $12,000.00)
1.) The electrical service is being increased to 1000 amps. The sketches indicate to extend existing feeders
to the new MCC. The existing feeders are undersized.
2.) The bid includes a new 6" slab that will be able to level and support the new building.
3.) Start-up and testing to be done by the switchgear manufacturer.
cA123r5w\=rk1prcpoW\City of Dealon Bid #4500
It is agreed that in arriving at the above prices for labor and materials it is contemplated by the parties that the same will be paid to the order or C & U Electric, Inc. at its
place of business in Denton, Texas, promptly as provided herein, and in the event same is not so paid we agree to pay interest at twelve (12%) percent on same amount
from its due date and in the event the same is collected through suit or through an Attorney, the Probate Court or Bankruptcy Court, we agree to pay reasonable
collection expenses, including but not limited to attorney's fee thereon. If it becomes necessary to file to secure funds under this agreement we hereby agree to reimburse
C & G Electric, Inc., for expenses incurred in the preparation of said lien the sum of $300.00, in addition to the foregoing reasonable collection expenses, including but
not limited to attorney's fees. Regulated by The Texas Department of licensing and Regulation, P.O. Box 12157, Austin, Texas 78711, 1-800-803-9202, 512463-6599
viww.license.state.tx.us/complaints
C & G ELECTRIC, INC. PROVIDES COMPREHENSIVE GENERAL LIABILITY, WORKER'S COMPENSATION, AUTOMOBILE
LIABILITY AND EXCESS LIABILITY INSURANCE COVERAGE. A CERTIFICATE IS AVAILABLE ON REQUEST.
WE PROPOSE hereby to fiunish material and labor-complete in accordance with above specifications, for the sum of
dollars >
Payment to be made as follows:
AH material is guaranlced to be as specified. AD work to be completed in a workmanlike Authorized r
manner according to standard
Practices. Any alteration or deviation from above Jlgnatur
specifications involving extra costs will be executed only upon written orders and will Bradley J. Carrell, President
become an extra charge over and above the estrmalm All agreements contingent upon
strikes, accidents or delays beyond our control. Owocr to carry fire, tornado and other Note: This proposal may be withdrawn
necessary insurance. Our workers are fully covered by Workmw's Compensation by us ifnot accepted within 30 days.
Snsurance.
scceprance OJ rroposat 'I he above prices, specrn-
cations and conditions are satistactory and are hereby accepted. You are Signature
authorized to do the work as specified. Payment will be made as outlined
above.
Date of Acceptance: Signature
Bid #4500
Bid For
Raw Pump Station #2 MCC Rehabilitation
BIDS DUE: May 11, 2010
@ 2:00 P.M.
Bid submitted by:
C&G Electric. Inc.
Company Name
Purchasing Department
901-B Texas St.
Denton, TX 76209
(940) 349-7100
www.dentonpurchasing.com
BID Noe 4500
PROPOSAL
TO
THE CITY OF DENTON, TEXAS
FOR THE CONSTRUCTION OF
RAW PUMP STATION 92 MCC REHABILITATION
IN
IDENTON, TEXAS
The undersigned, as bidder, declares that the only person or parties interested in this
proposal as principals are those named herein, that this proposal is made without collusion
with any other person, firm, or corporation; that he has carefully examined the form of
contract, Notice to Bidders, specifications and the plans therein referred to, and has carefully
examined the locations, conditions, and classes of materials of the proposed work and agrees
that he will provide all the necessary labor, machinery, tools, apparatus, and other items
incidental to construction, and will do all the work and furnish all the materials called for in
the contract and specifications in the manner prescribed herein and according to the
requirements of the City as therein set forth.
It is understood that the following quantities of work to be done at unit prices are
approximate only, and are intended principally to serve as a guide in evaluating bids.
It is agreed that the quantities of work to be done at unit prices and material to be furnished
may be increased or diminished as may be considered necessary, in the opinion of the City,
to complete the work fully as planned and contemplated, and that all quantities of work
whether increased or decreased are to be performed at the unit prices set forth below except
as provided for in the specifications. The contractor shall provide the numeric unit price and
the unit price in words for each quantity. Unit price in words governs over the numeric
price given.
It is further agreed that lump sum prices may be increased to cover additional work ordered
by the City, but not shown on the plans or required by the specifications, in accordance with
the provisions to the General Conditions. Similarly, they may be decreased to cover
deletion of work so ordered.
It is understood and agreed that the work is to be completed in full within the number of
workdays shown on the bid tabulation sheet.
PAGE P - 1 OF BID #4500
Accompanying this proposal is a certified or cashier's check or Bid Bond, payable to the
Owner, in the amount of five percent of the total bid.
It is understood that the bid security accompanying this proposal shall be returned to the
bidder, unless in case of the acceptance of the proposal, the bidder shall fail to execute a
contract and file a performance bond and a payment bond within fifteen days after its
acceptance, in which case the bid security shall become the property of the Owner, and shall
be considered as a payment for damages due to delay and other inconveniences suffered by
the Owner on account of such failure of the bidder. Owner reserves the right to reject any
and all bids. Owner may investigate the prior performance of bidder on other contracts,
either public or private, in evaluating bid proposals. Should bidder alter, change, or qualify
any specification of the bid, Owner may automatically disqualify bidder.
The undersigned hereby proposes and agrees to perform all work of whatever nature
required, in strict accordance with the plans and specifications, for the following suin or
prices, to wit:
PAGE P - 2 OF BID #4500
BID SUMMARY
TOTAL PRICE IN WORDS:
One Hundred Ninety Nine Thousand Seven Hundred Dollars ($199,700.00)
See scope sheet for details of additional items that are included
in the price
NUMBER OF WORKDAYS TO COMPLETE PROJECT 16 weeks - See Note
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 payinent for all lawful claims for
labor perfonned and materials fiu-nished 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
Representative.
The undersigned certifies that the bid prices contained in this proposal have been carefully
checked and are submitted as correct and final.
Unit and lump suin prices as shown for each item listed in this proposal, shall control over
extensions.
The undersigned agrees this bid becomes the property of the City of Denton after the
official opening.
The undersigned affirms that they are duly authorized to execute this contract.
Vendor hereby assigns to purchaser any and all claims for overcharges associated with
this contract which arise under the antitrust laws of the United States, 15 USCA Section 1
et sea., and which arise under the antitrust laws of the State of Texas, Tex. Bus. & Corn.
Code, Section 15.01, et seQ.
Note: The building from GFRC is requiring (3) weeks for
drawings and a (9) week lead time upon the drawing
approval. This time is included in the days to complete.
PAGE P - 3 OF BID #4500
Receipt is hereby acknowledged of the following addenda to the plans and specifications:
Addendum No. 1 dated
Received
Addendum No. 2 dated
Received
Addendum No. 3 dated
Received
Addendum No. 4 dated
Received
Addendum No. 5 dated
Received
C&G Electric, Inc.
CONTRACTOR
BY
Bradley J. Carrell
4801 W. University Dr. Building 102
Street Address
Denton, Texas 76207
City and State
Seal & Authorization
(If a Corporation) (940)
566-0711
Telephone
PAGE P - 4 OF BID #4500
VENDOR COMPLIANCE TO STATE LAW
The 1985 Session of the Texas Legislature passed House Bill 620 relative to the award of
contracts to non-resident bidders. This law provides that, in order to be awarded a contract
as low bidder, non-resident bidders (out-of-state contractors whose corporate offices or
principal place of business are outside of the State of Texas) bid projects for construction,
improvements, supplies or services in Texas at an amount lower than the lowest Texas
resident bidder by the same amount that a Texas resident bidder would be required to
underbid a non-resident bidder in order to obtain a comparable contract in the state in which
the non-resident's principal place of business is located. The appropriate blanks in Section
A below must be filled out by all out-of-state or non-resident bidders in order for your bid to
meet specifications. The failure of out-of-state or non-resident contractors to do so will
automatically disqualify that bidder. Resident bidders must check the blank in Section B.
A. Non-resident bidders in (give state), our principal place of
business, are required to be percent lower than resident
bidders by state law. A copy of the statute is attached.
Non-resident bidders in (give state), our principal place of
business, are not required to underbid resident bidders.
B. Our principal place of business or corporate offices are in the State of Texas: ✓
BIDDER:
C&G Electric, Inc.
COMPANY
BY
Rradley J_ Carrell
4801 W. University Dr., Building 102
Street Address
Denton, Texas 76207
City and State
THIS FORM MUST BE RETURNED WITH FOUR BID.
PAGE P - 5 OF BID #4500
SAFETY RECORD QUESTIONNAIRE
(Must Be Submitted With Bid Submittal)
The City of Denton desires to avail itself of the benefits of Section 252.0435 of the Local Government
Code, and consider the safety records of potential contractors prior to awarding bids on City contracts.
Pursuant to Section 252.0435 of the Local Government Code, the City of Denton has adopted the
following written definition and criteria for accurately determining the safety record of a bidder prior to
awarding bids on City contracts.
The definition and criteria for determining the safety record of a bidder for this consideration shall be:
The City of Denton shall consider the safety record of the bidders in determining the responsibility thereof.
The City may consider any incidence involving worker safety or safety of the citizens of the City of Denton,
be it related or caused by environmental, mechanical, operational, supervision or any other cause or factor.
Specifically, the City may consider, among other things:
a. Complaints to, or final orders entered by, the Occupational Safety and Health
Review Conunission (OSHRC), against the bidder for violations of OSHA
regulations within the past three (3) years.
b. Citations (as defined below) from an Environmental Protection Agency (as
defined below) for violations within the past five (5) years. Environmental
Protection Agencies include, but are not necessarily limited to, the U.S. Army
Corps of Representatives (USACOE), the U.S. Fish and Wildlife Service
(USFWS), the Environmental Protection Agency (EPA), the Texas Commission
on Environmental Quality (TCEQ), the Texas Natural Resource Conservation
Commission (TNRCC) (predecessor to the TCEQ), the Texas Department of
Health (TDH), the Texas Parks and Wildlife Department (TPWD), the Structural
Pest Control Board (SPCB), agencies of local governments responsible for
enforcing environmental protection or worker safety related laws or regulations,
and similar regulatory agencies of other states of the United States. Citations
include notices of violation, notices of enforcement, suspension/revocations of
state or federal licenses or registrations, fines assessed, pending criminal
complaints, indictments, or convictions, administrative orders, draft orders, final
orders, and judicial final judgments.
C. Convictions of a criminal offense within the past ten (10) years, which resulted
in bodily harm or death.
d. Any other safety related matter deemed by the City Council to be material in
determining the responsibility of the bidder and his or her ability to perfonn the
services or goods required by the bid docrunents in a safe environment, both for
the workers and other employees of bidder and the citizens of the City of
Denton.
PAGE SQ - 1 OF BID #4500
In order to obtain proper information from bidders so that City of Denton may consider the safety
records of potential contractors prior to awarding bids on City contracts, City of Denton requires that
bidders answer the following three (3) questions and submit them with their bids:
QUESTION ONE
Has the bidder, or the firm, corporation, partnership, or institution represented by the bidder, or anyone
acting for such firm, corporation, partnership or institution, received citations for violations of OSHA
within the past three (3) years?
YES NO V
If the bidder has indicated YES for question number one above, the bidder must provide to City of
Denton, with its bid submission, the following information with respect to each such citation:
Date of offense, location of establishment inspected, category of offense, final disposition of offense, if
any, and penalty assessed.
QUESTION TWO
Has the bidder, or the fmn, corporation, partnership, or institution represented by the bidder, or anyone
acting for such firm, corporation, partnership or institution, received citations for violations of
environmental protection laws or regulations, of any kind or type, within the past five years? Citations
include notice of violation, notice of enforcement, suspension/revocations of state or federal licenses, or
registrations, fines assessed, pending criminal complaints, indictments, or convictions, administrative
orders, draft orders, final orders, and judicial fmal judgments.
YES NO V
If the bidder has indicated YES for question number two above, the bidder must provide to City of
Denton, with its bid submission, the following information with respect to each such conviction:
Date of offense or occurrence, location where offense occurred, type of offense, final disposition of
offense, if any, and penalty assessed.
QUESTION THREE
Has the bidder,. or the firm, corporation, partnership, or institution represented by bidder, or anyone
acting for such firm, corporation, partnership, or institution, ever been convicted, within the past ten (10)
years, of a criminal offense which resulted in serious bodily injury or death?
YES NO V
If the bidder has indicated YES for question number three above, the bidder must provide to City of
Denton, with its bid submission, the following information with respect to each such conviction:
Date of offense, location where offense occurred, type of offense, final disposition of offense, if any,
and penalty assessed.
PAGE SQ - 2 OF SID #4500
ACKNOWLEDGEMENT
THE STATE OF TEXAS
COUNTY OF DENTON
I certify that I have made no willful misrepresentations in this Questionnaire nor have I withheld
information in my statements and answers to questions. I am aware that the information given by
me in this questionnaire will be investigated, with my full permission, and that any
misrepresentations or omissions may cause my bid to be rejected.
Signature
Presi
Title
PAGE SQ - 3 OF BID #4500
PERFORMANCE BOND
STATE OF TEXAS §
COUNTY OF DENTON
Bond #4379593
KNOW ALL MEN BY THESE PRESENTS: That C & G Electric Inc whose address
is 4801 W. Universit Dr. Building 102 Denton TX 76207 hereinafter called Principal,
and Compare In...anc
a corporation organized and existing under the laws of the State of Texas,
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 t~o penal su of One Hundred Ninety Nine
Thousand Seven Hundred DOLLARS and 00/100 $199,700 plus ten percent of the stated penal
sum as an additional sum of money representing additional court expenses, attorneys' fees, and
liquidated damages arising out of or connected with the below identified Contract, in lawful
money of the United States, to be paid in Denton County, Texas, for the payment of which sum
well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators,
successors, and assigns, jointly and severally, firmly by these presents. This Bond shall
automatically be increased by the amount of any Change Order or Supplemental Agreement,
which increases the Contract price, but in no event shall a Change Order or Supplemental
Agreement, which reduces the Contract price, decrease the penal sum of this Bond.
THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal
entered into a certain Contract, identified by Ordinance Number 2010-139 with the City of
Denton, the Owner, dated the 15 day of June A.D. 2010, or Bid # 4500- Raw Pump Station #2
MCC Rehabilitation
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 two (2) years 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.
PB - 1
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 Wes, each one of which
shall be deemed an original, this the 15th day of June 2010 ✓
ATTEST:
BY:
SECRETAR
WITNES
li~ll S : w
BY:
zc~~
PRINCIPAL ✓
C & G Electric. Inc.
BY:
PRESIDENT
SURETY
SureTec Insurance
Tracy
IN-FACT
The Resident Agent of the Surety in Dallas County, Texas for delivery of notice and service of
the process is:
NAME: William Lawrence Brown
STREET ADDRESS: 10300 N Central Expy. #580 Dallas, TX 75231-8630
(NOTE: Date of Performance Bond must be date of Contract. If ResidentAgent is not a corporation,
give a person's name.)
PB-2
~V
PAYMENT BOND
STATE OF TEXAS §
COUNTY OF DENTON §
Bond #4379593
KNOW ALL MEN BY THESE PRESENTS: That C & G Electric, IneviOhose address
is 4801 W. Univer 't Dr. Building 102 Denton TX 76207 hereinafter called Principal, and
Company Insurance a corporation organized and existing under the laws of the State of Texas, 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 th penal su of One Hundred Ninety Nine Thousand Seven Hundred DOLLARS and
00/100199,70 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 umber 2010-139, with the City of
Denton, the Owner, dat d the 15 day of June A.D. 2010 or Bid # 4500- Raw Pump Station #2
MCC Rehabilitation
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.
PB-3
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 co. ps, each one of which
shall be deemed an original, this the 15th day of June 2010.
ATTEST:
BY: W 1514 1
SECRETA
PRINCIPAL
C & G Electric, Inc.
BY:
PRESIDENT r
WITNESS:
BY:
SURETY
SureTec Insurance Compa
B
ATTORNE -IN-FACT
Tracy T cker
The Resident Agent of the Surety in Dallas County, Texas for delivery of notice and sen=.ice of
the process is:
NAME: William Lawrence Brown
STREET ADDRESS: 10300 N Central Expy. #580 Dallas, TX 75231-8630
(NOTE: Date of Payment Bond must be date of Contract. If Resident Agent is not a
corporation, give a person's name.)
PB - 4
tOc~
POA 4221092
SureTec Insurance Company
LIMITED POWER OF ATTORNEY
Know All Men by These Presents, That SURETEC INSURANCE COMP
ANY-
the "Company'), a corporation duly organized and
existing. under the laws of the. State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents
rake, constitute and appoint
Tracy TuckeN, Tobin Tucker, W. Lawrence Brown
its true and lawful Attorney-in-fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge
and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the
conditions of contracts and consents of surety, providing the bond penalty does not exceed `
Five Million Dollars and no/100 ($5,000,000.00) V
and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate
seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the
premises. Said appointment shall continue in force until 12/31/11 and is made under and by authority of the following
resolutions of the Board of Directors of the SureTec Insurance Company:
Re 4 Resolved, that the President; any Vice-1?residertt; any Assistant. Vice-President, any Secretary or any Assistant Secretary shall be and. is
hereby vested with full power and authority to appoint any one or morel suitable persons as Attorney(s)-in-Fact to represent and act for and on
behalf of the Company subject to the following provisions:
Attorney-in-Fact may be given full power;and authority for and in the name of and of behalf of the Company, to execute, acknowledge and
deliver, any and all bonds, recognizances, contracts, agreements or indemnity and tither conditional or obligatory undertakings and any and all
notices and documents canceling or terminating the Company'sAiability :thereunder, .and any such instruments so executed by any such
Attorney-in-Fact shall be binding upon the Company as fsigned"by the President and sealed and effected by the Corporate Secretary.
Be it Resolved, that.the signature of any authorized officer and seal of the Company heretofore or hereafter af'f'ixed to any power of attorney or
any certificate relating thereto by facsimile, and any power of'attorney or certificate beating facsim lt4igmture or facsimile' seal shall be valid
and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting herd on 200 of April,
1999.)
In Witness Whereof, SURETEC'INSURANCE COMPANY has caused these presents to bt signed by its President, and its corporate seal.
to be hereto affixed this 28th day of October, A.D. 2008.
sr SURETEC INS CE COMPANY
w r B.J. Kt. resident
State of Texas
County Of Harris
On this 28h day of October, 2008 before me personally came 11.1 King, to me known, who, being by me duly sworn, did depose and say; that he resides
in Houston, Texas, that he is silent of SURETEC' INSURANCE COMPANY, the company described in and which executed the above instrument;
that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal;' that it was so affixed by order of the Board of
Directors of said Company; and that he signed his name thereto by like order.
Michefle Deruty
► 3r puble
Sate of TeQtes
son 41t,
Michelle Denny, Notary P. he
My commission expires August 27, 2012
1, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY. do hereby certify that the above and foregoing is a true and correct copy
of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the hoard of Directors, set
out in the Power of Attorney are in full force and effect. /
Given under my hand and the seal of said Company at Houston, Texas this 15th day of June 29_10 , A.D.
Any instrument issued in excess of the penalty stated above is totally void and without any validity,
For verification of the authority of this power your may call (713) 812-0800 any business day between 8:00 am and 5,00 prn CST.
SureTec Insurance Company
THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION
Statutory Complaint Notice
To obtain information or make a complaint: You may call the Surety's toll free telephone
number for information or to make a complaint at: 1-866-732-0099. You may also write to the
Surety at:
SureTec Insurance Company
5000 Plaza on the'Lake, Suite 290
Austin, TX 78746
You may contact the Texas Department of Insurance to obtain information on companies, .
coverage, rights or complaints at 1-800-252-3439. You may write the Texas Department of
Insurance at
PO Box 149104
Austin, TX 78714-9104
Fax#: 512-475-1771
PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or
about a claim, you should contact the Surety first. If the dispute is not resolved, you may
contact the Texas Department of Insurance.
Terrorism Risks Exclusion
The Bond to which this Rider is attached does not provide coverage for, and the surety shall
not be liable for, losses caused by acts of terrorism, riot, civil insurrection, or acts of war.
Exclusion of Liability for
Mold, Mycotoxins, Fungi & Environmental Hazards
The Bond to which this Rider is attached does not provide coverage for, and the surety
thereon shall not be liable for, molds, living or dead fungi, bacteria, allergens, histamines,
spores, hyphae, or mycotoxins, or their related products or parts, nor for any environmental
hazards, bio-hazards, hazardous materials, environmental spills, contamination, or cleanup,
nor the remediation thereof, nor the consequences to persons, property, or the performance
of the bonded obligations, of the occurrence, existence, or appearance thereof.
Texas Rider 010106