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2009-248
ORDINANCE NO.~0`7 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF THE FORT WORTH DRIVE SUBSTATION FOR DENTON MUNICIPAL ELECTRIC; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 4356-AWARDED TO THE LOWEST RESPONSIBLE BIDDER MEETING SPECIFICATION, MASTEC NORTH AMERICA, INC. IN THE AMOUNT OF $872,000). 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 4356 MasTec North America, Inc. $872,000 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 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. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of e0k, 2009. ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: V * 0 APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY By 4ARD-B' 56 s CONTRACT AGREEMENT STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT, made and entered into this 6th day of October_ A.D.,2009, 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 Mastec North America, Inc. ' 9140 Arrowpoint Blvd. Ste 200 Charlotte, NC 28273 of the City of Charlotte, County of Mecklenburg and State of North Carolina, 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 4356-Fort Worth Substation Construction in the amount of $872,000 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 explanatorymatter thereof, and the Specifications therefore, as prepared'by: Denton Municipal Electric all of which are referenced herein and made a part hereof and collectively evidence and constitute the entire contract. CA-1 zl~b 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 fof 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. 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: ATTEST: Corp. Sec. 9140 Arrowpoint Blvd., Suite 200 Charlotte, NC 28273 MAILING ADDRESS (704)599-8225 PHONE NUMBER (704)599-9824 4 FAX NUWER BY: 'e, - TITLE X-04 APPROVED AS TO FORM: PRINTED NAME (SEAL) ITA BURGES ITY ATTO EY CA-4 ~rs~c Aloe-# Awn,,tk-al1 ~CONTRACTOR Bond No. 105354819 PERFORMANCE BOND STATE OF TEXAS COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS: That Mastec North America, Inc.✓whose address is 914 Arrowpoint Blvd. Ste 200 Charlotte NC 28273, hereinafter called Principal, and Americars C ualty an Surety Company of , a corporation organized and existing under the laws of the State of Connecticut , 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, hee~inafter called Owner in the penal sum of Eight Hundred Seventy Two Thousand and 0/100%0OLLARS ($872,000 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 009-248 with the City of Denton, the Owner, dated the 6th day of October A.D. 2009, for Bid# 4356 Fort Worth Substation Construction.✓ 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, Tor 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 co ies, each one-of vw~liic shall be deemed an original, this the 6th day of October 2009 _ ATTEST: PRINCIPAL MasTec North America BY: SECRETARY BY: ATTEST: SURETY Travelers Casualty and Surety Company of America BY: as per attached Power of Attorney BY: A Y- - ACT Charles J. Nielson T The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is: NAME: Edward L. Moore STREET ADDRESS: Elsey & Associates, 21755 IH-45 Bldg. 8, Spring, TX 77388 (NOTE: Date of Performance Bond must be date of Contract. If Resident Agent is not a corporation, give a person's name.) PB-2 ~~A TH E RED BORDER POWER OF ATTORNEY TRAVELERS J~ Farmington Casualty Company St. Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company Attorney-In Fact No. 220976 Certificate No. 0 0 3 O V J O 4 6 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guarani), Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Charles D. Nielson, Charles J. Nielson; Mary C. Aceves, Warren M. Alter, David R. Hoover, Gicelle Pajon, Olga Iglesias, Gloria McClure, and Arthur Colley of the City of Miami Lakes . State of Florida , their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in theirbusiness of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitte&in any,ac ions or-proceedings allowed by law. ~ i IN WITNESS WHEREOF, the Companies have caused this instrument,to~be.sioned'ad their=corporate seals to be hereto affixed, this 30th April 2009 day of Y Farmington Casualty Compatrv M~ St. Paul Guardian Insurance Company Fidelity and Guarantyflnsuranc Company,-0' St. Paul Nlercury Insurance Company Fidelity and Guaranty Insurance Under raters, Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company GI.SU.R sort,/y FLRE 6 t•~ ~R$ ~ tMSVq R\TY ~y~ OR?O _G~y,~ y..•... qr, ~ 9J sV JT~ --•O RA, j%', ~ F! teas SEALn E'o? ;O1 '7/ T 01 Z State of Connecticut By: - City of Hartford ss. Georg 6 Thompson. enior ice President On this the 30th day of April 2009 before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company. Fidelity and Guaranty Insurance Underwriters. Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America. and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do. executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. G•T~ In Witness }Thereof. 1 hereunto set my hand and official seal. ~ TM1~ ~ W N/" v My Commission expires the 30th day of June, 2011. * pl * Marie C. Tetreault. Notary Public 58440-5-07 Printed in U.S.A. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARNING: THIS This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attomeys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attomeys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate hearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kori M. Johanson, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Suretyy,Coinpaniy. d Amer a-arid United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power\oeAttomeyeexxecuted byLsaid,Companies, which is in full force and effect and has not been revoked. IN TESTI-MONY WHEREOF, I have hereunto set my hand and affixed the-seals of said'CoW anies this day of 20 i' Kori M. Johans Assistant Secretary Or yG_awfnV,i *7y C F\RE 4 y O~IMpa", G9 Jp.~X3Vgq ~J~~TY µps 1~ ~~Y ~s•~'~' e:oavoa~ > o: t c y4 ~q ~w ~ 119~82s O ~ 19~ .7G7 ~ ~ Z /~?L ~ ~fm V:'cAAPOR4T~;: e•E ~ .7 4 yy qb~ rc~, ~a O ~9Jr1 NO ~:.SEAL:oJ Lei. 'oi a'HaRrwito, n J4~arrt e N t° 846IIn a r ~ + %s c°d'• i ♦ d :SBAL:•'a AtNdi"- To verify the authenticity of this Power of Attorney, call 1-800421-3880 or contact us at www.travelersbond.com. Please refer to the Attomey-In-Fact number, the above-named individuals and the details of the bond to which the power is attached. THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER Bond No. 105354819 STATE OF TEXAS PAYMENT BOND COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That MasTec North America, Inc! whose address is 9140 Axfro oint Blvd. Ste 200 Charlotte NC 28273 hereinafter called Principal, and Wmaricars esualty and surety Company of , a corporation organized and existing under the laws of the State of Connecticut , 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 r erred to, in a penal sum of Eight Hundred Seventy Two thousand and 0/100DOLLAR572,000 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 2009- 248 , with the City of Denton, the Owner, dated the 6th day of October A.D. 2009_, or Bid #4356 Fort Worth Substation Construction./ 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 oces, ' ' ' each one cafe 1ich:~, shall be deemed an original, this the 6th day of October , 20 09 - ATTEST: PRINCIPAL _ MasTec N orth America, In Grp : 1 BY: tryyryy1•41444 SECRETARY BY: G. PRESIDE T G~- AT-TEST: BY: as per attached Power of Attorney SURETY Travelers Casualty and Surety Company of America BY: ATT Y- -FACT Charlse J. Nielson The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is: NAME: Edward L. Moore STREET ADDRESS: Elsey & Associates, 21755 IH-45 Bldg. 8, Spring, Texas. (NOTE.- Date of Payment Bond must be date of Contract. If Resident Agent is not a corporation, give a person's name.) PB-4 deco, %1119 WITHOUT THE RED BORDER .A POWER OF ATTORINEY TRAVELERS J Farmington Casualty Company St. Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St. Paul IN9ercury Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casually and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company Attorney-In Fact No. 220976 Certificate No. 003065045 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company. Travelers Casualty and Surety Company. and Travelers Casualty and Surety Company of America corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make. constitute and appoint Charles D. Nielson, Charles J. Nielson-Mary C. Aceves, Warren M. Alter, David R. Hoover, Gicelle Pajon, Olga Iglesias, Gloria McClure, and Arthur Colley of the City of Miami Lakes , State of Florida , their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds. recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of-guaranteeing the fidelity of persons. guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permit[ed)in am• tions or-proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this insttumenuto'be.sien d'and their-cotporate seals to be hereto affixed, this 30th day of April 2009 Farmington Casualty Compatiy St. Paul Guardian Insurance Company Fidelity and Guaranty lnsurance\Company; V;, 5 SL Paul Dfercury Insurance Company Fidelity and Guaranty lns4ance Underwriters, Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Compam°of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company. GnPpSOUn~T♦ SIr~fTy J FIFE 6 S O~F•y' 1MSG9 Jp+,NSligq aPOR 1 4.i'•........, ,FC ` LT - 4,9`~,~"-YT O ;0 +T's Qi i0R4 c ? Fpm W:G~ TE.:'1^ 9~~8 2~~6.• O ~ 1977 ~ORAT® ~ 92 7 ~ ~ l.. ~ •n' .,SE o ECr~a° L 19Jr~ ` ~ALio. 1 -o°v,,.\SE AL!a o ~Q eD -°T T>~ OF hcW f.ANCE lr.:rN~ ''e State of Connecticut City of Hartford ss. V By: Georg 1' Thompson, U., ce President On this the 30th day of April 2009 , before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company. Fidelity and Guaranty Insurance Company. Fidelity and Guaranty Insurance Underwriters, Inc.. Seaboard Surety Company. St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he. as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. cm " In Witness Whereof, 1 hereunto set my hand and official seal. )n & 4A UG * Marie C. Tetreault, Notary Public My Commission expires the 30th day of June, 2011. ~s 58440-5-07 Printed in U.S.A. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attomeys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attomeys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate hearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. 1. Kori M. Johanson, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company,, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Co"inpany-6RAmerica;-and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power tit~Attomey,executed by said+Companies, which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and `affixed the-seals of said Companies this day of 0~- ) 20 . Kori M. lohans Assistant Secretary Q~sb~ StrtETy pr,[ a CMS ~ ~nspq plv+Ma _gjTY pAVOR,>i;~y ?~i' PORgT _Ct^~ v' e~ i #1 9 B 26 0 ~1 w RFTBI 927 Ti< _ i U tt - i E i i a° MARiPoRD. tu3lWrm, TS < t s . ♦ i b[ m cola[. o f10td[. ? N r89$ ~yrcr~~D 1951 NCO ~..SEAL,+n io j SEAL ja o O< To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.travelcrsbond.com. Please refer to the Attorney-In-Fact number, the above-named individuals and the details of the bond to which the power is attached. POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER ACORDn CERTIFICATE OF LIABILITY INSURANCE. DATE(MMIDD/YYYY) 9/15/2010 1022/2009 PRODUCER Lockton Companies, LLC-1 Kansas City THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION 444 W. 47th Street, Suite 900 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Kansas City MO 64112-1906 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR (816) 960 9000 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED MASTEC NORTH AMERICA, INC. 1059807 INSURER A: ACE American Insurance Compmy 22667 9140 ARROWPOINT BLVD. SUITE 200 0~0 INSURER B: Indemnity Insurance Co of North America 43575 CHARLOTTE NC 28273 INSURER C: Travelers Property Casual Co of America n 25674 INSURER D: 1 _ INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED N . OTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE M AY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND , CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NSR LTR NS TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MMIDD POLICY DATE EXPIRATION (MMIDDfM LIMITS GENERAL LIABILITY CH OCCURRENCE 2.000.000%-,-*' A X COMMERCIAL GENERAL LIABILITY 24934135 ✓ 9/1 52009 9/152010 TO RENTED OGE 50 PREMISES Ea oavrertce S 0,000 CLAIMS MADE X❑ OCCUR MED EXP (Arty one person) $ 25,000 X CONTRACT LIAB AS . PERSONAL 8 ADV INJURY $ 2,000,000 DEFINED BY CONTRACT GENERAL AGGREGATE 15,000,000✓ GEN•L AGGREGATE LIMIT APPLES PER: P RO PRODUCTS - COMPIOP AGG S 6,000,000 POLICY X - LOC JECT AU TOMOBILE LIABILITY A X ANY AUTO ISAH08 1 ✓ MBINED SINGLE LIMIT E id 000 000 ✓ $ 3 046 58 9/152009 9/15201 a acc ent) ( , , ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per Person) X HIREDAUTOS X BODILY INJURY S NON-OWNED AUTOS (Per accident) )O~~ X X POLLUTION LIABILITY PROPERTY DAMAGE S (Per accident) )0CKXXX C GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ X)OOOOQ{ ANY AUTO NOT APPLICABLE EA ACC $ H OTHER THAN XX)OOOOC AUTO ONLY: AGG S Q{ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ )OD0Cx Q{ OCCUR FICLAIMS MADE NOT APPLICABLE AGGREGATE $ X)DC>D= UMBRELLA S XXXXXXX DEDUCTIBLE FORM $ yyyySCStX A WORKERS COMPENSATION AND EMPLOYERS. LIABILITY WLRC45702091 (CA/AZ) 9/152009 9/152010 WC STATU- OTH- X TORY LIMITS ER A ANY PROPRIETOR/PARTNER/EXECUTIVE SCFC45702108 (WI RETRO)) 9/152009 9/152010 E.L. EACH ACCIDENT $ 1,000,000 B OFFICERIMEMBER EXCLUDED? NO If yes describe under WLRC4570208A (AOS) 9/152009 9/152010 Lool E.L. DISEASE - EA EMPLOYE S 1,000,000 , SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT S 1,000,000 C OTHER KTICMB296T366109 9/152009 9/152010 $1OMM ANY ONE OCCURRENCE PROPERTY-SPECIAL FORM BLANKET BLDG. & PP DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT / SPEZIW PROVLSIONS _ RE: CONTRACT - BID 4356 FORT WORTH SUBSTATION CONSTRUCTION PROJECT.✓ THE CM OF DEIYTO~I. ITS OFFICIALS AGENTS , , EMPLOYEES, AND VOLUNTEERS ARE NAMED AS ADD3T10NAL INSURED AS RESPECTS LIAB-LIS~OVERAGES (EXCLUDING EMPLOYERS T LIABILITY) AS REQUIRED BY WRITTEN CONTRAC T✓WANEIFrS-UBROGATION IS GRANTED UNDER WRITTEN CONTRACT AS ALLOWED BY STATE LAW. CERTIFICATE HOLDER CANCELLATION 10698207 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE TIN EXPIRATION CITY OF DENTON DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 •/DAYS WRITTEN ATTN: KAREN SMITH, A.P.P. SENIOR BUYER NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL 901131 TEXAS STREET IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR DENTON TX 76209 REPRESENTATIVES. ACORD 25 (2001/08) Forquestionsregardingthis certificate,contact the numberfisted in the 'Produceesectionaboveand specdythe a sTErnr•. ©ACORDCORPORATION 1 S 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. 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. CI - 10 SPECIFIC ADDITIONAL INSURANCE REQUHZEMENTS: 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 $1,000,000.00shall 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 (XCLI) 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. CI - 11 [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. Cl - 12 [ ] 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. CI. 13 ATTACIMENT 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: - Cl - 14 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 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) 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; Cl - 15 5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; 6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and 7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self- insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. Cl - 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.) 3 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 Yes 0 No 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? Yes 0 No D. Describe each affiliation or business relationship. 4 Signature of person doing business with the governmental entity Date CIQ - I Adopted 06/2912007 APPENDIX A Specifications for: Fort Worth Substation Construction BID # 4356 BID PROPOSAL INSTR UCTIONS: Return this cover sheet and the following seven (7) pages and the required bonding, as the "BID PROPOSAL" Bids Must be Received by: August 25, 2009 before 2pm in the City of Denton Purchasing Office Bidder: MASTEC NORTH AMERICA. INC. IUMOnuaL BID PROPOSAL Fort Worth Substation Construction City of Denton Bid Number: 4356 The undersigned agrees this bid becomes the property of the City of Denton after the official opening. The undersigned affirms he has familiarized himself with the specifications, drawings and other documents; the local conditions under which the work is to be performed; satisfied himself of the conditions of delivery, handling and storage of equipment; and all other matters that will be required for the work before submitting a bid. In submitting a bid the undersigned further understands that the work required is to provide a complete substation installation that functions as described in the specification. The undersigned understands that all requirements of the construction may not be described in every detail and agrees to provide labor, tools, material and equipment necessary to complete all construction necessary to make the station functional as described in the specification and drawings for the pricing on Page 2. The undersigned agrees, if this bid is accepted, to furnish all items/services at the prices stated herein and upon the terms and conditions contained in the specification. The period for acceptance of this Bid Proposal will be fifty (50) calendar days unless a different period is noted by the bidder. The undersigned affirms that they are duly authorized to execute this contract, that this bid has not been prepared in collusion with any other Bidder, nor any employee of the City of Denton, and that the contents of this bid have not been communicated to any other bidder or to any employee of the City of Denton prior to the official opening of this bid. 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 seq., and which arise under the antitrust laws of the State of Texas, Tex. Bus. & Com. Code, Section 15.0 1, et seq. The undersigned affirms that they have read and do understand the specifications and any attachments contained in this bid package. NAME AND ADDRESS OF COMPANY: AUTHORIZED REP ESENTAT MasTec North America, Inc. Signatur ' 9140 Arrowpoint Blvd., Ste. 200 Date August 24, 2009 Charlotte, NC 28273 Name Michael M. Sansone Title Acting Vice President Tel. No. (704) 599-8225 Fax No. (704) 599-9824 COMPANY IS: Email Michael.sansone@mastec.com Business included in a Corporate Income Tax Return? X YES NO X Corporation organized & existing under the laws of the State of Florida Partnership consisting of Individual trading as X Principal offices are in the city of Coral Gables Bid #4356 1 of 7 Bidder's Initials, s _ BID PROPOSAL Fort Worth Substation Construction City of Denton Bid Number: 4356 The following price is offered for full and functional construction of the Fort Worth Substation in accordance with the specification: Line Description uanti Unit of Unit Price Extended Price Measure 1 Rough Grading 1 Lump sum NA $59,014.00 2 Fence Installation 1 Lump Sum NA $32,570.80 3 All Foundations plus driveway 1 Lump Sum NA $460,203.39 4 Steel Structure Installation 1 Lump sum NA $44,780.71 5 Bus and Terminations 1 Lump sum NA $75,216.61 6 Circuit Breakers, Instrument Transformers and Arresters 1 Lump sum NA $14,926.17 7 Non-Interrupter Switch Installation 7 Each $1,152.60 $8,068.20 8 LLSII Interrupter Switch Installation 1 Each $1,440.75 $1,440.75 9 Ground Grid and Grounding Installation 1 Lump sum NA $68,511.39 10 Conduit System Installation I Lump sum NA $37,282.56 11 Disposal of Excavated Material 2000 Cubic Yard $15.00 $30,000.00 12 Final Grading, Compaction, Gravel and Rock I Lump sum NA $39,985.42 Total Bid Package Price * $872,000.00 * The formal bid price for evaluation is the "Total Bid Package Price" using 2000 cubic yards as the estimated quantity of excavated material to be disposed of. Individual line item prices are for information only except for Line 11 (Disposal of Excavated Material) which is a unit price. The unit price for Line 11 shall apply for disposal of the actual amount of excavated material. Evaluation of the bid will be based on the estimated quantity of 2000 cubic yards of excavated material to be disposed of. The following bid certification is attached: X Bid Bond Cashier's Check in the amount of $ Bidder: MASTEC NORTH AMERICA, INC. Bid #4356 2 of 7 Bidder's Initials fC• HS BID PROPOSAL Fort Worth Substation Construction City of Denton Bid Number: 4356 In accordance with the Evaluation and Award Section of the specification, the award of the contract, if any, will be based on the total package price and on whether the Contractor can meet the required construction completion deadline. Can construction be completed on or before May 1, 2010? X Yes No If "No," the construction can be completed by: Are there any exceptions to the specifications? Yes X No If there are exceptions to the specifications, explain all such exceptions (attach additional pages if necessary). NONE Bid 94356 3 of 7 Bidder's Initials 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 Date Received a 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. None. 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 7'" business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) 3 Name of local government officer with whom filer has an employment or business relationship. N/A 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 W1 es No 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 W-1 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? F-1 Y V] es No D. Describe each affiliation or business relationship. N/A 4 None Signature of person doing business with the governmental Date entity Bid 94356 4 of 7 Bidder's'lnitials •k! 5 SAFETY RECORD QUESTIONNAIRE (Must Be Submitted With Bid Proposal) 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 Commission (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 Engineers (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 perform the services or goods required by the bid documents in a safe environment, both for the workers and other employees of bidder and the citizens of the City of Denton. Bid 94356 5 of 7 Bidder's Initials 04t 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 X NO 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. Citations for past 5 years attached. QUESTION TWO 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 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 final judgments. YES NO X 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 X 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. Bid #4356 6 of 7 Bidder's Initials T' gs- 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 Acting Vice President Title Bid 94356 7 of 7 Bidder's Initials/---&~-C Purchasing Department 901-B Texas St. Denton, TX 76209 (940) 349-7100 www.dentonpurchasing.com ADDENDUM #1 Bid #4356 For Fort Worth Substation Construction for Denton Municipal Electric BIDS DUE: August 25, 2009 2:00 P.M. Bid submitted by: MASTEC NORTH AMERICA, INC. Company Name BID #4356 Addendum #1 to be returned with Bid Proposal Clarification of Conduit Installation Requirements (Appendix 1, Drawing CD-01): There are no requirements to install any bore in this project. Installation of one owner-provided manhole is required. Conduit is to be stubbed out of the west side of the manhole from the manhole to the US377 highway right-of-way boundary. A revised drawing (CD-01) is posted on the FTP site. NO OTHER CHANGES AT THIS TIME. This form shall be signed and returned with your bid Name: Michael M. Sansone Signature: Company: MASTEC NORTH AMERICA, INC. Title: Date. Acting Vice President August 24, 2009 .1J. _y S THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, THAT WE MasTec North America, Inc. 9140 Arrowpoint. Ste 200, Charlotte NC 28273 as Principal, hereinafter called the Principal, and Travelers Casualty and Surety Company of America One Tower Square. Hartford. CT 06183 a corporation duly organized under the laws of the State of CT as Surety, hereinafter called the Surety, are held and firmly bound unto City of Denton, Texas 901-B Texas St. Denton, TX 76209 as Obligee, hereinafter called the Obligee, in the sum of Five Percent of Amount Bid Dollars 5% for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Fort Worth Substation Construction for Denton Municipal Electric-Bid No. 4356 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and materials furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void,, otherwise to remain in full force and effect. Signed and sealed this 21 st day of August 2009 MasTec North America, Inc. (Wtn Title) Travelers Casualty and Su (Surety) erica (Seal) Mary C. Aceves (Tide) AIA DOCUMENT A310 • BID BOND • AIA • FEBRUARY 1970 ED. • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 4 f 5 ATTORNEY IS INVALID WITHOUT THE TRAVELERS J~ POWER OF ATTORNEY Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Seaboard Surety Company St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Attorney-In Fact No. 220976 Certificate No. 003064431 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Charles.D. Nielson, Charles J. Nielson, Mary C. Aceves, Warren M. Alter, David R. Hoover, Gicelle Pajon, Olga Iglesias, Gloria McClure, and Arthur Colley of the City of Miami Lakes State of Florida , their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in theirr~ bJjusiness of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or pegtte~in fi~ons or i~ceedings allowed by law. IN WITNESS WHEREOF, the Com anies have caused this instrumenJt to'be, i ed~attd their~cotorate seals to be hereto affixed, this 30th day of April p2009~~ Farmington Casualty Comp 9ny~ SL Paul Guardian Insurance Company Fidelity and Guaranty lInsur~~; e`CyoumpanY, ® SL Paul Mercury Insurance Company Fidelity and Guaranty Insurance"Underw' rs, Inc. Travelers Casualty and Surety Company Seaboard Surety Company . Travelers Casualty and Surety Company of America SL Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company a M M N E~ or Gr.SU,~~` 41~Ty ' rt•e y~' QO.~ ."SGT `JP+.---SUgg4 yJ~ M'o eL CVOttp~ Tf ~f ~ 'oavoR~/'s Qi 0R4 _ n s 4I~ Ybt„ sazS,D ~ ,19/! g ~1.9G7 ~1~~ ~`tSEA in .ice Tf'o m caro+. n ~ e ~ t^~~ n ~rcF'- b~ L cl o•SH1LL'3 oO° O O< e ...~Lrf o' ° r ~y ~ ~ ~aFt£N~ ~RAHCE` S . AY~ +r ~r~~ ass ~ AlN~ State of Connecticut City of Hartford ss. On this the 30th day of By: Georg Thompson, &01ce President 2009 before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2011. April 000A Marie C. Teurault, Notary Public 58440-5-07 Printed in U.S.A. OSHA Citations Past 5 Years Issuance Date `-1128200 Inspection Site INesee Street, Fayetteville, NC 28314 - - ] Citation I Item I Tyne of Violation enous - # violated 29CFR1926.950{b)(1) Existing conditions were not determined by an inspection or test before starting Item of violation W jobslte,Scotfs Mill Subdivision -where the jobsite forman failed to determine existing ~COn~tions prior to starting work on transformer #80701 Settlement Date Change: violation type 5i - _..-I!~1G COA TO, S T6 Settlement penalty amount 10-016 Citation 1 Item 2 Tyne of Violation kkeri°'rs _i Item # violated 9CFR2926.950(b)(2): Electric equipment and/or lines were not considered energized until e_termine_d to be de-energized by tests or other appropriate methods or means; Deseripton of violation ) jobstte, Scott's Mill Subdivision -where the jobsite fonnan was exposed to electric Settlement Date Change: violation type Immediate abatement Setdement penalty amount I $0.00 Citation I Item 3 Tyne of Violation Item # violated Desc4ton of violation Settlement Date Change: violation type Settlement penalty amount $0.00 Citation 2 Item I Type of Violation _ - Item # violated Descripton of violation l.... - - Settlement Date Change: violation type Seftlementpenahy amount Monday, March 03, 2008 Page 12 of 12 ~{u✓S f Citation I Item 2 Type of Violation Change: violation type I missed - Settlement enal amount $0.00 Issuance Date s iisrzoo7 Inspection Site 38 Midway Church Rd, Madison, FL 32340 i Citation I Item I Type of Violation serious - - - - - - Item # violated 29CFR1926,kb (c) (1) Employees were permitted to approach or take a conductive objectvdthout an app. rS2y~d ina_L 'na handle doer ip e1cRRSed enelAizPdi nartc than shown in T~ble_y__1_Qf this Jisitl~ Descripton of violation 1a) On or about March 7, 2007, an employee was electrocuted when he took a conductive object l'oo near an overhead power-tine (7,200 volts). Settlement Date -6667- Item # violated Descripton of violation Settlement Date Change: violation type Settlement penalty amount Change: violation type - - - - - - SettlementPenalty amount $o•oo 0 Citation 2 Item 1 Type of Violation C _ - - - Item # violated Descripton of violation Settlement Date - Change: violation type - - - Settlement penalty amount - - - $0.00 $0.00 Citation 1 Item 3 Type of Violation Item # violated Descripton of violation Settlement Date - Monday, March 03, 2008 Page 11 of 12 t,4 ,k Issuance Date 5/25/2000 Inspection Site .20544 South Dbde Highway, Miami, FL 33177 Citation I Item Y 7'vne of Violation serious Item # violated 29CFR1926.k5 )(2): Electric equip and/or fine(s) were not considered energized until determined to h9 deeaeCplZesitLtests or othel dRRL4Raa1ethods or means Descripton of violation O 2123106 employee were working in an electrical vault removing an underground electrical Ic ble that was de-energized by not tested prior to removal process beginning. Settlement Date _114 2007 Change: violation type dismissed j i Settlementpenalty amount - So.oo, Citation 1 Item 2 Tvne of Violation Serious 9CFR1926.95 d Item # violated of )(1)(i):The particular section of line or equipment to be deenergized was not ry identitted. Descripton of violation On or about 2123106, employees were working in an electrical vault removing an underground elsctrkxl cable that was de-energlzed but not dearly Identified by tagging, marking or the Settlement Date 1 1a x10071 Change: violation type Settlement penalty amount dismissed Citation I Item 3 Tyne of Violation serious Item # violated CFR291926.950(d)(dx1)(iv): Protective ground were not applied on the disconnected lines or Descripton of violation r6 or about 212312008, employees were working in an electrical vault removing an lunderground electrical cable that vrrs de-energized but not grounded prior to the removal Settlement Date - _114 /200 Change: violation type dismissed- Settlement penalty amount ----.ofl, Citation 2 Item 1 Tyne of Violation _ _ J - Item # violated Descripton of violation Settlement Date Change. violation type - _ Settlement penalty amount Friday, August 03, 2007 $0.00 Page 3 of II wtA,o Lssuance Date - 4. f20~ Inspection Site own Center Blvd near Cypress Glen Drive, Orange Park, FL 3 l Serious - . - - ~ Citation I Item I Tvne of Violation Item # violated 29 CFR 1926.453(bx2_ A body belt was not wom with lanyard attached to fie boom orbasket . yyhe~worktno from an aerial IiR_ rOn or about March 30, 2005, two a !o Descriptor of violation i mp yees working in the bucket of an aerial lift were not adequately protected from a 20 feet fall hazard by the use of personal fall protection. Settlement Date 4 /2C/=6, Change: violation type other - - Settlement penalty amount - 51,875.00 Citation 1 Item 2 Tyne of Violation - i Item # violated Descripion of violation Settlement Date Change: violation type _ _ - - - - - _ Settlement penalty amount Citation I Item 3 Type of Violation - Item # violated - Descripton of violation - - - - - Settlement Date Change: violation type Settlement penalty amount r - Citation 2 Item 1 Type of Violation - - --..1 Item # violated I Descripton of violation Settlement Date I Change: violation type - - - Settlement penalty amount Friday, August 03, 2007 Page 4 of 11 W AC Issuance Date 6 /1 /2005 Inspection Site 1Whitebridge Drive & Davis Drive, Cary, NC 27518 1.-__._.._......._ _ _J Citation 1 Item 1 TO Re of Violation Item # violated 29 CFR 1926.21 (b) (2): the employer did not instruct each empt in the recognition and avo{dance of ttIISBfe..oolDditlpll5_and the rna~,ilations aoolicable to his-~Ot1Cep~ronmerrt to control oLe~Itnipa_te any.. . Descripton of violation hite Bridge & Davis Drive Cary, NC -on or about 1216/04 at 3:45 pm an employee, who was in (OJT) training status, was performing qualified electrical construction work when he made [contacUatb-a nnwertine ueBAzed.to_132W_matts_of-----.-- Settlement Date -7 /26/2007) Change: violation type dismissed Settlement penalty amount Citation I Item 2 Type of Violation erious Item # violated 129CFR1926-952(bu2): Aerial lift trucks were not grounded or barricaded and considered as - 1energlzed equipment when working near energized Imes or equipment Descripton of violation to his leg and was electrocuted when he made contact with a 13,200 volt energized overhead powert'rne. Settlement Date _ Change: violation type dismissed - Settlement penalty amount ELL_. _ $0.00 Citation I Item 3 Type of Violation Item # violated DescWton of violation Settlement Date Change: violation type Settlement penalty amount _ _-_J Citation 2 Item I Tv Pe of Violation I - _ - - Item # violated i Descripton of violation . Settlement Date Change: violation type Settlement penalty amount Friday, August 03, 2007 - - - - Page 5 of 11 ll{ .at s Issuance Date inspection Site 1800 ~ankhead Highvmy, Carrollton, GA 30112 Citation 1 Item I Tyne of Rotation" _ Rem # violated 29 CFR 1928.602(sX2)(i): Material handling equipment with rollover protective structtues or adequate cQpv protection was nptyide~~ge-its _ Descripton of violation rire left hand side of the seat belt on Ditch Witeh unit #4447 was passing from the equipment _ Settlement Date - e I2 2oaa{ - - - Change: violation type other than serious - ~ - Settlement penalty amount _ Citation 1Item 2 Tvpe of Violation Item # violated ^ - - - - Descnpton of violation - ~ Sefdement Date-~ Change: violation type Settlementpenatiy amount Citation 1 hem 3 Tyne of Violation - • Item # violated Descripton of violation ' SeftlementDate Change: violation type - - - ~ -I Settlementpenaltyamount I Citation 2Item I Tvne of Violation Item # violated Descripton of violation - - Settlement Date _ J Change: violation type - Settlementpenaltyamount Wednesday, July 18, 2007 Page 4 of 7 ~ MS Issuance Date 2202004 Inspection Site Berkley Road & US 92, Auburndale, FL 33823 - Citation I Item 1 Tv Pe of Violation Item # violated 29 CFR 1926.651(i)(1): Where stabtiity of adjoining bufld nM walls, or other structure, was .etldal]QE>Y~11y~cavalion ooPration~~upAA1LS.c~1;~5~~~II9_kCd~:DSLOT1[~Btlnnina was Descripton of violation a) At the lobsite, empl was exposed to an elec hazard by being in contact with conductive guy res hanging from a concrete utility pole because the vertical concrete utility pole structure ftAa r~d1[Ltba q[AStnd was made tmsEahlnd fell intn a nP~rbv DH Settlement Date 71l 9/22 Change: viola ion type Serious violation of 29 CFR 192621(b)(2) Employer did not each enrol in the rProonr5on of haz mpdifions Settlement penalty amount $5,250.00 Citation I Item 2 Tyne of Violation - - Item # violated - Descriptor of violation ~ . _ - - - - - - - - - i r--_ - A dement Date 1...._ _ Change: violation type Settlement penalty amount Citation I Item 3 Tvne of Violation Item # violated - Descripton of violation Settlement Date - Change: violation type Settlement penalty amount F- -1 Citation 2 Item I Tvae of Violation Repeat #305919037 Item # violated 1926.6516)(2) employer Wed to protect employees working in an excavation from injury by excavated ImafeJ JS-fdti actor 9malCt1o the aYra~ on her~SLSf'- th~ c~vat ! materi„km,0 dasar titan 2 ft from Descripton 'of violation a} At the jobsite, fn the SW comer of excavation underneath a new concrete pole installed for supportincj electrical utilities, employees were wortdng in an excavation and a spot] pile 2 It Settlement Date 7/1 92004 Change: violation type Other than Serious Settlement penalty amount $e-00 Wednesday, July 18, 2007 Page 5 of 7 ~,~5 Issuance Date 0~ Inspection site ldwy 129, Cleveland, GA 3052e - - Citation I Item I Tyne of Violation Item # violated 29 CFR 1926.454 (a)Empl did not have each empi worldng on a scaffold trained by a person qualified bnlher to reaonni7~`fio hazards a~e~tgagold bebna used and to _ _ Descripton of violation the like located at Htvy 129 southbound At of Cleveland, GA, on or about 7115!02, the empl was not trained to recog the hazards assoc wM the aerial Gft being used. The training did not 1llC1LdeDio US ~th~sffioldasthQpmnl~va5~mfamifier Settlement Date _ 214 2003 Change: violation type Abatement date iu extended to 3/52003 - Settlement penalty amount $7,000.00 Citation I Item 2 Tyne of Violation 'serious 29 CFR 1920.952 (b X2): Aerial lift trucks were not grounded or barricaded and considered as Item # violated Vg-(59R- Imerglzed equipment when working near energized lines or equipment _ Descrtpton of violation At the pobsita... as work was being performed from an aerial g,3 on a 7200 volt 3 phase power gne, the aerial rd truck was not attached to a ground nor was It barricaded as empl were Settlement Date L 2 /4 2003 - Change: violation type lotion u deleted The aerial lift was insulated and file standa Settle nentpenalty amount - So.Oo Citation I Item 3 Tyne of Violation serous - Item # violated 29 CFR 1926.954(h): The grounding electrode did not have resistance to ground low enough to remove dapgP~of harm fi nPrx~nnel - f1~ . Descrcpton of violation the )obsite... r following the accident, the grounding electrode used to ground the aerial truck d id not have the resistance to ground to remuave the empl in the area from electrical danger, as Settlement Date 214 2003 Change: violation type violation deleted for same reason as (ten 002 - Settlementpenalty amount $0.00 Citation 2Item 1 Tune of Violation C Item # violated - Descripton of violation SetflesnentDate _ -Change: violation type - Settlementpenalty amount We&aday, July 18, Page 6 of 7 $01 CS l' NC Department of Labor Division of Occupational Safety and Health Citation and Notification of Penalty Inspection Number: 311336770 Inspection Dates: 07/ 11 /2007 - 07/16/20077 Issuance Date: 11/28/2007 Company Name: Mastec, Inc. Inspection Site: Nesee Street, Fayetteville, NC 28314 Citation 1 Item lb Type of Violation: Serious 29 CFR 1926.950(b)(2): Electric equipment and/or line(s) were not considered energized until determined to be de-energized by tests or other appropriate methods or means: a) jobsite, Scott's Mill Subdivision - where the jobsite foreman was exposed to electricity when he removed an energized conductor (approximately 7200 volts) from the stand-off bracket and connected the conductor to a bushing without the use of a hot stick or other personal protective measures. LeII: , .-1mlt~e~~ ow urie Di ict Supervisor See pages 1 through 6 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Citation and Notification of-Penalty Page 8 of 8 0SHA-2 (Rev. 9/93) NC Department of Labor Division of Occupational Safety and Health Citation and Notification of Penaltv Inspection Number: 311336770 Inspection Dates: 07/ 11 /2007 - 07/16/2007 Issuance Date: 11/28/2007 Company Name: Mastec, Inc. Inspection Site: - Nesee Street, Fayetteville, NC 28314 The alleged violations below have been grouped because they involve similar or related hazards that may increase the potential for injury resulting from an accident. Citation 1 Item la Type of Violation:. Serious 29 CFR 1926.950(b)(I): Existing conditions were not determined by an inspection or test before starting work: a) jobsite, Scott's Mill Subdivision - where the jobsite foreman failed to determine existing conditions prior to starting work on transformer #90701 and was exposed to the hazard of exposure to electricity when he removed an energized conductor (approximately 7200 volts) from the stand-off bracket and connected it to a bushing without the use of a hot stick or other personal protective measures. See pages 1 through 6 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Citation and Notification of Penalty Page 7 of 8 OSHA-2 (Rev. 9/93) k ,tS E-MAILED NOV 0 6.2008 BEFORE THE NORTH CAROLINA OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION RALEIGH, NORTH CAROLINA COMMISSIONER OF LABOR FOR ) THE STATE OF NORTH CAROLINA ) .COMPLAINANT, V. ) MASTEC, INC. ) and its successors ) RESPONDENT. ) DOCKET NO.: OSHANC 2008 4753 INSPECTION NO.: 311336770 CSHO ID.: M1411 STIPULATION AND NOTICE OF SETTLEMENT NOW COME the parties in the above-captioned action, pursuant to Rule .0701 of the Rules of Procedure adopted by the Safety and Health Review Commission of North Carolina, and respectfully show unto the Hearing. Examiner as follows: FACTS 1. Respondent is a corporation duly organized and existing under the laws of the State of. Florida. Respondent maintains a place of business in Fayetteville, North Carolina. 2. On or about July 11, 2007, Daniel Clark, an Occupational Safety and Health Officer with the North Carolina Department of Labor, conducted an inspection of Respondent's worksite located in the vicinity of lot #97 in the Scott's Mill subdivision in Fayetteville, North Carolina 3. As a result of the inspection, on November 28, 2007, Complainant issued a Citation and Notification of Penalty alleging a violation as follows: CITATION NUMBER ONE (Serious) Item No. Standard Abatement Date Penal la 29 CFR 1926.950(b)(1) Immediate $6300.00 lb 29 CFR 1926.950(b)(2) Immediate Grouped A-0 4. The Respondent submitted a timely Notice of Contest dated February 4, 2008. 5. The parties having reached a Settlement Agreement now seek approval of said Agreement by the Hearing Examiner. STIPULATIONS Effective upon approval of this Stipulation and Notice of Settlement, the parties to this action hereby agree and stipulate to the following settlement of the matters at issue herein: 1. Respondent agrees that the violations alleged in the Citation and Notification of Penalty, as amended, have been abated, and agrees to continue to use its best efforts to comply with the requirements of the Occupational Safety and Health Act of North Carolina (hereinafter referred to as the "Act"). 2. Complainant agrees to make the following amendments to the Citations: (a) Withdraw Citation Number One, Item 1 a and (b) Reduce the proposed penalty to $5000. 3. Respondent agrees to continue with its present safety program, including conducting periodic safety meetings with employees. During such meetings, employees will be able to communicate safety suggestions or complaints to their supervisor who will forward the information to the Safety/Training Department. The Safety/Training Department will discuss and consider safety issues and receive safety suggestions or complaints from employees. . The Safety/Training Department will also make recommendations regarding safety to supervisors who will then present such information to employees at the periodic safety meetings. Respondent agrees that all employees who make suggestions or complaints to the Safety/Training Department shall have the same protection provided employees under Article 21, Chapter 95 of the North Carolina General Statutes. 2 4. In consideration of this settlement, and as a follow up to the accident that led to the inspection in this instance, MasTec North America, Inc. agrees to undertake the following with respect to all of its North Carolina energy division employees working on underground lines and pad-mounted transformers: (a) MasTec will conduct an additional safety meeting for all such employees and provide training on "lessons learned" from this incident and inspection. (b) MasTec will implement a safety rule requiring that a supervisor be present whenever underground electrical line employees are to perform work that involves switching, grounding or splicing of cables energized, or previously energized, at 600 volts or more. Before work star ts on any switching or work on such lines, the supervisor shall be responsible for inspecting the existing conditions of the lines, switches and distribution equipment. As part of MasTec's training of employees with respect to this safety rule, MasTec will provide training using materials that have been previouslyprovided to the North Carolina DOL. These training sessions will be conducted by MasTec North America, Inc. for all of its North Carolina energy division employees working on underground lines and pad-mounted transformers before the date that is 60 days following the approval by the Commission of this Stipulation and Notice of Settlement 5. The parties agree to bear their own attorney's fees, costs, and other expenses that have been incurred in connection with any stage of these proceedings up to and including the filing of this Stipulation and Notice of Settlement. 6. The parties agree that this Stipulation and Notice of Settlement is a full and final settlement 3 /q /_U< Of the claims set out in the underlying Citation and Notification of Penalty, and none of the foregoing agreements, statements, stipulations and actions taken by the Respondent shall be deemed an admission by the Respondent of any of the allegations contained in the Citation and Notification of Penalty or waiver of defenses; provided, however, that in any subsequent proceeding with respect to matters covered by this Stipulation and Notice of Settlement brought directly under the Act by Complainant, this Agreement shall have the full force and effect of a final order. The agreements, statements, stipulations and actions herein are made solely for the purpose of settling this matter economically and amicably without further litigation and shall not be used for any other purpose except for proceedings and matters arising under the Occupational Safety and Health Act and Article 21, Chapter 95 of the North Carolina General Statutes. 7. Upon approval of this Stipulation and Notice of Settlement by the Hearing Examiner, the Respondent agrees to pay the new proposed penalty of $5000.00 within ten (10) days following the receipt of the Order approving the.Stipulation and Notice of Settlement. 8. Respondent agrees that by signing this Stipulation and Notice of Settlement and upon approval of said Stipulation and Notice of Settlement by the Hearing Examiner, its Notice of Contest is withdrawn as a matter of law. 9. The parties agree that there are no other matters that remain to be decided, and there has been no employee objection to the reasonableness of any abatement period. 10. Respondent shall post this Stipulation and Notice of Settlement in accordance with Rules .0107(e), -0107(f),.01 07(h), and.0701(c) of the Rules ofProcedure of the Safety and Health Review Commission of North Carolina- 4 WHEREFORE, the pasties to this action hereby respectfully request approval of this Stipulation and Notice of Settlement. This the day of APPROVED BY: Lafayette Atkinson District X Supervisor Occupational Safety and Health Division 2008. Wayne erley Director of Safety and Training MasTec North America, Inc. Roy Cooper Attorney General Linda Kimbell . Assistant Attorney General North Carolina Department of Justice Post Office Box 629 Raleigh, North Carolina 27602 Telephone No. (919) 716-6680 ATTORNEYS FOR COMPLAINANT 5 Louis W. Doherty Kilpatrick Stockton LLP 1001 West Fourth St Winston-Salem, North Carolina 27101-2400 Telephone No. (336) 607-7300 ATTORNEYS FOR RESPONDENT /AL .tits NORTH CAROLINA OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION 1101 Mail Service Center RALEIGH, NORTH CAROLINA 27699-1101 SETTLEMENT - EMPLOYEE RIGHTS TO THE EMPLOYEES OF MASTEC, INC.: Your employer has been charged with a violation of the Occupational Safety and Health Act of North Carolina. A proposed settlement concerning the nature of the violations, the penalty, and the period of abatement has been tentatively reached by the Department of Labor and your Employer. Pursuant to Rule .0701(c) of the Rules of Procedure of the Review Board, any objections to the reasonableness of any proposed abatement date must be filed within 15 worldng days or the settlement may be approved as written. Objections should be filed with the North Carolina Occupational Safety and Health Review Commission at: North Carolina Occupational Safety and Health Review Commission 1101 Mail Service Center Raleigh,-North Carolina 27699-1101 You may also inspect all documents related to this contest at: AS AN AFFECTED EMPLOYEE, YOU HAVE THE RIGHT TO PARTICIPATE AS A PARTY, BUT TO DO SO YOU MUST REQUEST SUCH STATUS BY CONTACTING THE OFFICE ABOVE.' FOR INFORMATION OR INSTRUCTIONS CONTACT: (919) 733-3589