Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
2008-124
ORDINANCE NO. 2409-12't AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE INSTALLATION OF ONE AUTOTRANSFORMER PAD AND THREE CONCRETE CONTROL HOUSE BUILDING FOUNDATIONS AT THE RD WELLS INTERCHANGE; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 4038-RD WELLS AUTO TRANSFORMER PAD AND CONCRETE BUILDING FOUNDATIONS AWARDED TO CATES, COURTNEY AND ROEBUCK, INC. IN THE AMOUNT OF $104,610. 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 4038 Cates, Courtney and Roebuck, Inc. $104,610 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. r~Z~//C PASSED AND APPROVED this the/ / ` day of O&L ,2008. &2)~qLj~ ' I Cj{' PERRY R. McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY 3-ORD' a A.- CONTRACT AGREEMENT STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT, made and entered into this 17th day of June A.D., 2008, 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 Cates, Courtney and Roebuck, Inc. 3015 Stuart Drive Fort Worth. Texas 76104 of the City of Fort Worth , County of Tarrant and State of Texas , hereinafter termed "CONTRACTOR." WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by OWNER, and under the conditions expressed in the bonds attached hereto, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified below: Bid 94038 - RD Wells Autotransformer Pad and Concrete Building Foundations in the amount of $104,610 and all extra work in connection therewith, under the terms as stated in the General Conditions of the agreement; and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the work specified above, in accordance with the conditions and prices stated in the Proposal and the Performance and Payment Bonds, attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), and Instructions to Bidders, as referenced herein and on file in the office of the Purchasing Agent, and in accordance with all local, state and federal laws; and plans, which includes all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by: Denton Municipal Electric Engineering Department all of which are referenced herein and made a part hereof and collectively evidence and constitute the entire contract. CA- I 1 Independent Status It is mutually understood and agreed by and between City and Contractor that Contractor is an independent contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas, for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, worker's compensation, or any other City employee benefit. City shall not have supervision and control of Contractor or any employee of Contractor, and it is expressly understood that Contractor shall perform the services hereunder according to the attached specifications at the general direction of the City Manager of the City of Denton, Texas, or his designee under this agreement. Indemnification Contractor covenants and agrees to and does hereby indemnify, hold harmless and defend, at its own expense, Owner, its officers, servants and employees, from and against any and all claims or suits for property loss or damage and/or personal injury, including death, to any and all persons, of whatsoever kind or character, whether real or asserted, arising out of the Work and services to be performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or invitees, whether or not caused, in whole or in part, by the alleged negligence of the officers, servants, employees, of the Owner. Contractor likewise covenants and agrees to, and does hereby, indemnify and hold harmless Owner during the performance of any of the terms and conditions of this Contract, whether arising out of in whole or in part, any and all alleged acts or omissions of officers, servants, or employees of Owner. The provisions of this paragraph are solely for the benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other person or entity. Choice of Law and Venue This agreement shall be governed by the law of the State of Texas and venue for its construction and enforcement shall lie in the courts of Denton County, Texas. The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in written notice to commence work and complete all work within the time stated in the Proposal, subject to such extensions of time as are provided by the General and Special Conditions. The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the Contract. CA-2 Right to Audit The OWNER shall have the right to audit and make copies of the books, records and computations pertaining to this agreement. The CONTRACTOR shall retain such books, records, documents and other evidence pertaining to this agreement during the contract period and five years thereafter, except if an audit is in progress or audit findings are yet unresolved, in which case records shall be kept until all audit tasks are completed and resolved. These books, records, documents and other evidence shall be available, within 10 business days of written request. Further, the CONTRACTOR shall also require all Subcontractors, material suppliers, and other payees to retain all books, records, documents and other evidence pertaining to this agreement, and to allow the OWNER similar access to those documents. All books and records will be made available within a 50 mile radius of the City of Denton. The cost of the audit will be borne by the OWNER unless the audit reveals an overpayment of 1% or greater. If an overpayment of 1% or greater occurs, the reasonable cost of the audit, including any travel costs, must be borne by the CONTRACTOR which must be payable within five business days of receipt of an invoice. Failure to comply with the provisions of this section shall be a material breach of this contract and shall constitute, in the OWNER'S sole discretion, grounds for termination thereof Each of the terms "books", "records", "documents" and "other evidence", as used above, shall be construed to include drafts and electronic files, even if such drafts or electronic files are subsequently used to generate or prepare a final printed document. CA-3 IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. ATTEST: City of Denton OWNE BY: (SEAL) CAe5f VCR bAjr-Lj%(, CONTRACTOR f< j, 0o,t 3vj Er. We V4 , t1 7&1 af MAILING ADDRESS APPROVED AS TO FORM: J M. KNIGHT INTERIM CITY ATTORNEY liLi-3fis,> PHONE NUMBER ~Il-'3 2, 1 -4-y '~r FAX NUMBER BY: rr s~kY el~Z4 C TITLE I e U~ b wcl~ PRINTED NAME (SEAL) CA-4 Bond No. 4369273 PERFORMANCE BOND STATE OF TEXAS COUNTY OF D.ENTON . § KNOW ALL MEN BY THESE PRESENTS: That Cates, Courtney and Roebuck, Inc.✓ whose address is 3015 Stuart Drive, Fort Worth, Texas 76104 hereinafter called Principal, and SureTec Insurance Company ✓ a corporation organized and existing under the laws of the State of Texas and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, in the penal sum of One hundred four thousand six hundred ten and no/100.~&LLARS $104 610 us 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 2008-124, with the City of Denton, the Owner, dated the 17th day of June A.D. 2008,-a-,*ccopy of which is hereto attached and made a part hereof, for Bid #4038 - RD Wells Autotransformer Pad and Concrete Building Foundations. 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 - I PROVIDED FURTHER, that if any legal action be filed upon this Bond, exclusive venue shall tie in Denton County, State of Texas. AND PROVIDED FURTHER, that the said Surety, for value received; hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc., accompanying the same, shall in anywise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc. This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, as amended, and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Denton County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Article 7.19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas. N WITNESS WHEREOF, this instrument is executed in four copies, each one of which shall be deemed an original, this the 27th day of June 2008 ATTEST: PRINCIPAL CATES, COURTNEY & ROEBUCK, INC. BY: WITNESS BY: PRESIDENT Steven L. Roebuck A TEST: BY: Elizabeth ray SURETY SURETEC INSURANCE COMPANY BY: ATTORNEY-IN-FACT Michael Sxveeney The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process .is: NATME: I\,Iichael Ross STREET ADDRESS: 805 Woodside Court, HhOhland Villa,,e, Texas 75077 (NOTE: Date of Performance Bond must be date of Contract. If Resident Agent is not a corporation, give a person's name) PB-2 SureTec Insurance Company THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION Statutory Complaint Notice To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or to make a complaint at: 1-866-732-0099. You may also write to the Surety at: SureTec Insurance Company 9737 Great Hills Trail, Suite 320 Austin, Tx 78759 You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints at 1-800-252-3439. You may write the Texas Department of Insurance at PO Box 149104 Austin, TX 78714-9104 Fax#: 512-475-1771 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance. Terrorism Risks Exclusion The Bond to which this Rider is attached does not provide coverage for, and the surety shall not be liable for, losses caused by acts of terrorism, riot, civil insurrection, or acts of war. Exclusion of Liability for Mold, Mycotoxins, Fungi & Environmental Hazards The Bond to which this Rider is attached does not provide coverage for, and the surety thereon shall not be liable for, molds, living or dead fungi, bacteria, allergens, histamines, spores, hyphae, or mycotoxins, or their related products or parts, nor for any environmental hazards, bio-hazards, hazardous materials, environmental spills, contamination, or cleanup, nor the remediation thereof, nor the consequences to persons, property, or the performance of the bonded obligations, of the occurrence, existence, or appearance thereof. Rev. 1-1-06 Bond No. 4369273 PAYMENT BOND STATE OF TEXAS . § COUNTY OF DENT ON § ,KNOW ALL MEN BY THESE PRESENTS: That Cates, Courtney and Roebuck. Inc. whose address is 3015 Stuart Road, Fort Worth, Texas 76104 hereinafter called Principal, and SureTec Insurance Company , a corporation organized and existing under the laws of the State of Texas and fully authorized to transact business in the State of Texas, as Surety, are held- and firmly bound unto the City of Denton, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, and unto all persons, firms, and corporations who may furnish materials for, or perform labor upon, the building or improvements hereinafter referred to, in the penal sum of One hundred four thousand six hundred ten and no/100`OLLARS ( 104 610)-i5 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 2008-124, with the City of Denton, the Ourner, dated the 17th day of June A.D. 2008,w'copy of which is hereto attached and made a part hereof, for Bid #4038 - RD Wells Autotransformer Pad and Concrete Building Foundations. 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 any Mse 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. N WITNESS WHEREOF, this instrument is executed in four copies, each one of which shall be deemed an original, this the 27t1i day of June 2008 ATTEST: PRINCIPAL CATES COURTNEY& ROEBUCK, INC. BY WITNESS BY: / 1- - fel l/ PRESIDENT Steven L. Roebuck ATTEST: SURETY SURETEC INSURANCE COMPANY BY: Elizabeth Gr BY: ATTORNEY-IN-FACT 1\lichael . Sweeney The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is: I\7AME: Michael Ross STREET ADDRESS: 805 Woodside Court, HiLhland Villa,~e, Teas 75077 (NOTE: Date of Payment Bond must be date of Contract.' If Resident Agent is not a corporation, give a person's name.) PB-4 POA 4221267 SureTec Insurance Company LIMITED POWER OF ATTORNEY Rnow.All Men by .These Presents; That SURETEC INSURANCE COMP.A the ".Company"), a :corporation :duly organized and existing under the laws of the State of Texas; and'having its principal office'in Houston, Harris County, Texas, does by these presents make, constitute and appoint Charles D. Sweeney, Kyle W. Sweeney, Michael A. Sweeney~bby E. Mayo of Fort Worth, Texas its true and lawful Attorney(s)-in-fact, with full power and authority hereby conferred in its name, place.and-stead, to execute, acknowledge and deliver any and all bonds, recognizances; :undertakings -or other instruments or contracts of suretyship to include, waivers to,the conditions of contracts and, consents of surety; providing the bond penalty does not exceed Five Million Dollars and no/100 ($5,000,000.00) and to bind the Company:thereby as fully :imd,to the same extent as-if such bonds were signed by the. President, sealed with the corporate seal:of the Company and duly attested by its Secretary, hereby ratifying and. con ing all that the said Attorney(s)-in-Fact"may do in the premises. Said "appointment shall continue in force: until and is made under.and. by authority of the following -resolutions of the Board ofbirectors ofthe SureTec-Insurance.Company: Be it Resolved, that the.President "any Vice-President, :any Assistant' Vice-President any Secretaryor:any Assistant Secretary shall be and is hereby vested with full,power and authority to appoint.any one or more suitable persons as Attomey(syin=Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and. of behalf of the Company, to execute, acknowledge and deliver, any and ail bonds; recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents. canceling or terminating the Company's liability thereunder; and any such instruments so executed by:any such Attomey-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be-it_Resolved,. thaLthe signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any, power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and.'binding upon the Company with respect to any bond.or undertaking_to which it is attached. (Adopted-at a"meeting held on 2e of April, .1999.) In Witness Whereof, SURETEC.INSURANCE.COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto aff ixed.this 20th day of June, A.D.:2005. r&VRETEC RANCE COMPANY °z X y ; By: B.J. g, reside t State of Texas ss: 1 County of Harris On this 20th day of June, A-D. 2005 before me personally came B.J. King, to me known, who, being by me duly sworn, did depose and say, that he resides in ,Houston; Texas, that he is. President of. SURETEG INSURANCE COMPANY, the company described in. and which executed the: above instrument; that he knows the seal of said `Company; that the seal affixed to said insn ument:is such corporate seal; that it was so affixed by order of the Board of Directors:of said.Company-, and that he signed his name thereto by like order. :Michelle DeMy Notary tit; we o! Texas tug, My commis ft Expires Michelle Denny, Notary Affific August 27,2008 My commission expires August •27, 2008 I, M.:Brent Beaty, Assistant:Secretary of SURETEC INSURANCE COMPANY,'do"hereby certify that the above and foregoing is a true and correct copy of a Powerof Attorney, executed by said Company, which is still in full forte and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power-of Attorney amin'full force and effect. Given-under myhand and the seal of said Company at Houston, Texas' this 27 th day" June 20 08 ,.A.D. .,Br tnB°atY,- seee tangy Any Instrument Issued in excess of the penalty stated above is totally void and without any validity. - - For verification of the authority of_this power you may call.(713) 812-0800 any business day between.8:06 am and 5:0L--am CST. SP ACORD„ CERTIFICATE OF LIABILITY INSURANCE 06/27/2 8' PRODUCER (817)457-6700 FAX (817)457-7246 THE SWEENEY COMPANY 1121 E. Loop 820 South THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P 0 Box 8720 Fort Worth, TX 76124-0720 INSURERS AFFORDING COVERAGE NAIC # INSURED Cates, Courtney & Roebuck Inc INSURER A: Bituminous Casualty Corp Cates, Courtney & Roebuck LP /C F ~y INSURER B: Roebuck Genpar LLC INSURER C: P O Box 301 ~P J INSURER D: Fort Worth, TX 76101 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR DD' TYPE OF INSU CE POLICY NUMBER POLI Y EFFECTIVE (MMIDD POLICY EXPIRATION LIMITS GENERAL LIABILITY CLP 3 252 908 4/25/2008 04/25/200 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY D AMAGE TO RENTED 2R ESJ $ 100 , 000 CLAIMS MADE I OCC MED EXP (Any one person) $ 5 , 000 A X CONTRACTUAL, IND PERSONAL & ADV INJURY $ 1 000 000 X CONT, XCU, B F PD GENERAL AGGREGATE , , $ 2 000 000 GEN'L AGGREGATE LIMIT APPLIES PER: PRO PRODUCTS - COMP/OP AGG , , $ 2,000,000 POLICY LOC JECT AUT OMOBILE LIABILI CAP 3 521 444 04/2 5/2008 04/25/2009 COMBINED SINGLE LIMIT X E id $ ANY AUTO 1 a acc ent) ( 1 000 000 X ALL OWNED AUTOS BODILY INJURY , , X P $ A SCHEDULED AUTOS er person) ( X HIRED AUTOS BODILY INJUR Y $ X NON-OWNED AUTOS (Per accident) - PROPERT F I Y DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLALIABILITY CUP 2 581 531 04/25/2008 04/25/2009 EACH OCCURRENCE $ 5,000,000 X OCCUR F ]CLAIMS MADE AGGREGATE $ 5 ,000 ,000 A $ DEDUCTIBLE RETENTION $ $ WORKERS COMPENSATION AND ~oOooor WC 3 521 443 04/25/2008 04/25/200 X WCSTATU- OTH- EMPLOYERS' LIABILITY FR A ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? If yes; describe under E.L. DISEASE - EA EMPLOYE $ 1,000,000 SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT S 1,000,000 1 OTHER .1 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL P ISIONS D WELLS AUTOTRANSFORMER PAD & CONCRETE BUILDING FOUNDATIONS. CITY~FtiT^M NAMED ADI N INSURED EXCEPT N WORKERS COMP WITH WAIVER OF SUBROGATION ALL POLICIES AS REQUIRED BY WRITTEN CONTRACT` f0 DAY NOTICE F CANC AMENDED TO 10 DAY FOR NON-PAY OF PREMIUM CITY OF DENTON~/ 901 B TEXAS ST DENTON, TX 76209 ACORD 25 (2001/08) FAX: (940)349-7302 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DAB THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHAL(, IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AG TS OR REPRESENTATIVES. REPRESENTATIVES. ©ACORD "RPORATION 1988 I 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. Cl - 10 SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: All insurance policies proposed or obtained in satisfaction of this Contract shall additionally comply with the following marked specifications, and shall be maintained in compliance with these additional specifications throughout the duration of the Contract, or longer, if so noted: [X] A. General Liability Insurance: General Liability insurance with combined single limits of not less than $500,000 shall be provided and maintained by the Contractor. The policy shall be written on an occurrence basis either in a single policy or in a combination of underlying and umbrella or excess policies. If the Commercial General Liability form (ISO Form CG 0001 current edition) is used: • Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual liability covering this contract and broad form property damage coverage. Coverage B shall include personal injury. Coverage C, medical payments, is not required. If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) is used, it shall include at least: Bodily injury and Property Damage Liability for premises, operations, products and completed operations, independent contractors and property damage resulting from explosion, collapse or underground (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 $300,000 either in a single policy or in a combination of basic and umbrella or excess policies. The policy will include bodily injury and property damage liability arising out of the operation, maintenance and use of all automobiles and mobile equipment used in conjunction with this contract. Satisfaction of the above requirement shall be in the form of a policy endorsement for: any auto, or all owned, hired and non-owned autos. Cl - 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. CI - 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. Cl - 13 ATTACHMENT 1 [X] Worker's Compensation Coverage for Building or Construction Projects for Governmental Entities A. Definitions: Certificate of coverage ("certificate ")-A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC- 81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in §406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any overage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the Contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: 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. CI - 16 J APPENDIX A Specification fop: RD Wells Autotransformer Pad and Concrete Building Foundations BID # 4038 BID PROPOSAL INSTRUCTIONS: Return only this cover sheet and the following two (2) pages as the "BID PROPOSAL" Bids Must be Received by: May 15, 2008 no later than 2:00 pm in the City of Denton Purchasing Office Bid Company: s, Co w.+rt e4 ICue6 T-K c ORIGINAL Page] of 3 BID PROPOSAL #4038 The undersigned bidder hereby proposes to install all concrete foundations, assemble pier cages, and rebar for Denton Municipal Electric, at the RD Wells Interchange site in Denton, Texas, in accordance with the specification "RD Wells Autotransjormer Pad and Concrete Building Foundations" dated April 23, 2008, for the total lump sum turnkey bid pricing as shown on the following pages of this Bid Proposal. The prices on the following pages will be honored according to the terms and conditions as stated in the "Bid Instructions and Conditions". This Bid Proposal shall remain valid for 60 days. The undersigned agrees that this bid becomes the property of the City of Denton after the official opening. The undersigned affirms he has read the specification and has familiarized himself with the work requested and has satisfied himself of all other matters that may be incidental to the work, before submitting a bid. The undersigned agrees that the specification is an integral part of this proposal. The undersigned agrees, if this bid is accepted, to furnish any and all items upon which prices are offered, at the price(s) and upon the terms and conditions contained within the specification. 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. Contractor 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 se q., and which arise under the antitrust laws of the State of Texas, Tex. Bus. & Com. Code, Section 15.01, et se q. NAME AND ADDRESS OF COMPANY: C ~uw+ne~ -U2 m, J?u_ 3~x 3c, i . T-T .WW to I 3~cS ST~Qr'C ~r . Tel. No. 8i1' ja-1-3I" COMPANY IS: AUTHORIZED REPRESENT TIVE: Signature Business. included in a Corporate Income Tax Return? Date s - 16--o i~ Name ~Cc~ 2 c~.k Title Pr e s . Jell Fax No. ~l - 172 1 - 5 Email rd Ltd" C.C- V, Co K /YES NO /orporation organized & existing under the laws of the State of Partnership consisting of Individual trading as _ ~incipal offices are in the city of Page 2 of 3 BID PROPOSAL BID # 4038 Line # Item Total Price 1 I- Autotransformer concrete pad s' 1 0 2 3 - Control building concrete foundations 4-3 u 9 Sup.a- Total Bid Price 0 4i o , u * Note: DW to provide all concrete, and major components including steel rebar, and cages Total bid price in words: 0AAw,,W ts,.✓~ ~ -ka. cLilauL Dollars Construction can be completed prior to July 15, 2008? ✓ Yes No Latest date that construction can begin to meet the July 15, 2008 completion date: z,,. - 1 S4 List other electric utilities whom you have previously installed substation concrete transformer pads and building or structure foundations for: fr. ~*i. ~'C, Wc,r{'h V Wrya:ci ~Gl~h Are there any exceptions to the specifications? Yes No If there are exceptions to the specifications, explain all such exceptions (attach. additional page if necessary). n s+..11 6 S aej q rJeC s o e~ S 1 S ,J,.J S l-,- A i% N3 , a +k enA . Page 3 of 3 APPENDIX B SAFETY RECORD QUESTIONNAIRE (Must Be Submitted With Bid Submittal) The City of Denton desires to avail itself of the benefits of Section 252.0435 of the Local Government Code, and consider the safety records of potential contractors prior to awarding bids on City contracts: Pursuant to Section 252.0435 of the Local Government Code, the City of Denton has adopted the following written definition and criteria for accurately determining the safety record of a bidder prior to awarding bids on City contracts. The definition and criteria for determining the safety record of a bidder for this consideration shall be: The City of Denton shall consider the safety record of the bidders in determining the responsibility thereof. The City may consider any incidence involving worker safety or safety of the citizens of the City of Denton, be it related or caused by environmental, mechanical, operational, supervision or any other cause or factor. Specifically, the City may consider, among other things: a. Complaints to, or final orders entered by, the Occupational Safety and Health Review 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. In order to obtain proper information from bidders so that City of Denton may consider the safety records of potential contractors prior to awarding bids on City contracts, City of Denton requires that bidders answer the following three (3) questions and submit them with their bids: QUESTION ONE Has the bidder, or the firm, corporation, partnership, or institution represented by the bidder, or anyone acting for such firm, corporation, partnership or institution, received citations for violations of OSHA within the past three (3) years? YES NO V,'-' If the bidder has indicated YES for question number one above, the bidder must provide to City of Denton, with its bid submission, the following information with respect to each such citation: Date of offense, location of establishment inspected, category of offense, final disposition of offense, if any, and penalty assessed. QUESTION TWO Has the bidder, or the 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~ 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 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. 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. CJ4-~'C' Signature Title CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local governmental entity This questionnaire is being filed in.accordance with chapter 176 of the Local OFFICE USE ONLY Government Code by a person doin business with the o t l i g g vernmen a ent ty. Date Received 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 doing business with local governmental entity. S-newzi^ L 2.,L &415 . 2 F] 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 September 1 of the year for which an activity described in Section 176.006(a), Local Government Code, is pending and not later than the 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate) 3 Describe each affiliation or business relationship with an employee or contractor of the local governmental entity who makes recommendations to a local government officer of the local governmental entity with respect to expenditure of money. I10 V\~ 4 Describe each affiliation or business relationship with a person who is a local government officer and who appoints or employs a local government officer of the local governmental entity that is the subject of this questionnaire. rN 011 J Amended 01/1312006 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local governmental entity Page 2 5 Name of local government officer with whom filer has affiliation or business relationship. (Complete this section only if the Answer to A, B, or C is YES.) Y) O W 2_ This section, item 5 including subparts A, C & D, must be completed for each officer with whom the filler has affiliation or business relationship. 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 from the filer of the questionnaire? 0 Yes No B. Is the filer of the questionnaire receiving or likely to receive taxable income from or at the direction of the local government officer named in this section AND the taxable income is not from the local governmental entity? EDYes 0 No C. Is the filer of this questionnaire affiliated with a corporation or other business entity that the local government officer serves as an officer or director, or holds an ownership of 10 percent or more? 0 Yes 0 No D. Describe each affiliation or business relationship. 6 Describe any other affiliation or business relationship that might cause a conflict of interest. rl o r~-Q-- S 1 5 rC) Signature of person doing business with the governmental entity Date amended 01/1 312006