2002-379O ANCE NO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS
CONTRACT FOR THE CONSTRUCTION OF AN 18" REUSE WATERLINE TO OAKMONT
COUNTRY CLUB; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND
PROVIDING AN EFFECTIVE DATE (BID 2899-18" REUSE WATERLINE TO OAKMONT
COLrNTRY CLUB AWARDED TO TEXAS ELECTRIC UTILITY CONSTRUCTION, INC. IN
AN AMOUNT NOT TO EXCEED $1,147,995.37).
WHEREAS, the City has solicited, received and tabulated competitive bids for the
construction of public works or improvements in accordance with the procedures of STATE law and
City ordinances; and
WHEREAS, the City Manager or a designated employee has received and recommended that
the herein described bids are the lowest responsible bids for the construction of the public works or
improvements described in the bid invitation, bid proposals and plans and specifications therein;
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the following competitive bids for the construction of public works or
improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on
file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto,
are hereby accepted and approved as being the lowest responsible bids:
BID
NUMBER
2899
CONTRACTOR
TexasElec~c ~ilityConstmction, Inc.
AMOUNT
$1,147,995.37
SECTION 2. That the acceptance and approval of the above competitive bids shall not
constitute a contract between the City and the person submitting the bid for construction of such
public works or improvements herein accepted and approved, until such person shall comply with all
requirements specified in the Notice to Bidders including the timely execution of a written contract
and furnishing of performance and payment bonds, and insurance certificate after notification of the
award of the bid.
SECTION 3. That the City Manager is hereby authorized to execute all necessary written
contracts for the performance of the construction of the public works or improvements in accordance
with the bids accepted and approved herein, provided that such contracts are made in accordance
with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms,
conditions, plans and specifications, standards, quantities and specified sums contained therein.
SECTION 4. That upon acceptance and approval of the above competitive bids and the
execution of contracts for the public works and improvements as authorized herein, the City Council
hereby authorizes the expenditure of fimds in the manner and in the amount as specified in such
approved bids and authorized contracts executed pursuant thereto.
SECTION 5. That this ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the /~
day of ~'ff,~ ,2002
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
~- /
3-ORD- BID 2899 - C(3NTP~/CTIJAL ORDINANCE
CONTRACT AGREEMENT
STATE OF TEXAS
§ COUNTY OF DENTON §
THIS AGREEMENT, made and entered into this
A.D., 2002, by and between
and State of Texas, acting through
hereinafter termed "OWNER," and
19th .day of November
City of Denton of the County of Denton
Michael A. Conduff thereunto duly au~orized so to do,
Texas Electric Utility Construction
4613 Hwy.. 1417 North
Sherman, TX 75092
of the City of Sherman , County of
termed "CONTRACTOR."
Grayson
and State of Texas., hereinafter
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 2899 - 18" Reuse Waterline to Oakmont Country Club
in the amount of $1,147,995.37 and all extra work in connection therewith, under the terms as
stated in the General Conditions of the agreement; and at his (or their) own proper cost and expense
to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance,
and other accessories and services necessary to complete the work specified above, in accordance
with the conditions and prices stated in the Proposal and the Performance and Payment Bonds,
attached hereto, and in accordance with all the General Conditions of the Agreement, the Special
Conditions, the Notice to Bidders (Advertisement for Bids), and Instructions to Bidders, as
referenced herein and on file in the office of the Purchasing Agent, and in accordance with the
plans, which includes all maps, plats, blueprints, and other drawings and printed or written
explanatory matter thereof, and the Specifications therefore, as prepared by:
City of Denton
all of which are referenced herein and made a part hereof and collectively evidence and constitute
the entire contract.
CA-1
Independent Status
It is mutually understood and agreed by and between City and Contractor that Contractor is
an independent contractor and shall not be deemed to be or considered an employee of the City of
Denton, Texas, for the purposes of income tax, withhold'mg, 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
1N WITNESS WHEREOF, the parties of these presents have executed this agreement in the
year and day first above written.
City of Denton
CONTRACTOR
APPROVED AS TO FORM:
CA - 3
MAILING ADDRESS
PHONE NUMBER
903 - (593 -3379
FAX NUMBER
BY: F ~1:~-~ t~:>/~-/tJ-F
TITLE
PRINTED NAIVlE
(SEAL)
457-0800
PROPOSAL OF
PROPOSAL
TO
CITY OF DENTON
Texas Electric Utility Construction
Denton, Texas
Oct(~ber 29. 200__2
A Corporation orgamzed and ex~sbng under the laws of the State of
a partnership consisting of Infi'astrux Oroup~ lnc.~ and Texas Electric Utility Construction Management,
the business name of ' ' ~ , an ~ndividual
TO. Tom D Shaw, C.P.M, Purchasing Agent
City of Denton, Texas
901-B Texas Street
Denton, Texas 76201
PROPOSAL FOR 18" WATER REUSE LINE TO OAKMONT COUNTRY CLUB
The undersigned, as Bidder, declares that the only person or parties interested in this proposal as
principals are those named herein, that his proposal is made without collusion with any other person,
firm, or corporation; that he has carefully examined the form of contract, Invitation For Bids, Instructions
to B~dders, the General and Supplementary Conditions, Spec~flcabons, and the Drawings hereto referred
to, and has carefully examined the locations, conditions, and classes of materials of the proposed work;
and agrees that he will prowde all the necessary labor, machinery, tools, apparatus, and other Items
incidental to construction, and will do all the work and furnish all the materials as called for ,n the
Contract Documents in the manner prescribed and according to the Plans and Specification
requirements of the OWNER as hereto set forth
Accompanying this proposal is a (certified or cashier's check payable to the OWNER) (Bid Bond) in the
amount of 5% of the tota~ bid
The bid secunty accompanying this Proposal shall be returned to the Bidder, unless in case of the
acceptance of the Proposal, the Bidder shall fail to execute a Contract and file Performance and
Payment Bonds within ten (10) days after its acceptance, ~n which case the bid security shall become the
· property of the OWNER, and shall be considered as payment for damages due to delay and other
~nconveniences suffered by the OWNER on account of such failure of the B~dder It is understood that
the OWNER reserves the right to reject any and all bids received
Prices shall be shown ~n words and figures. In the event of a d~screpancy, the words shall govern for
lump sum pnces
The undersigned hereby proposes and agrees to perform all work uf whatever nature required, m strict
accordance with the Plans and Specifications, for the follow~ng sum of prices, to wit
00300-1
457-0800
BID SCHEDULE
FOR
t8" WATER REUSE LINE TO OAKMONT COUNTRY CLUB
Item Estimated
No. Quantity
'i 8,643
Unit
LF
2 2,138 LF
3 2,115 LF
4 1,944 LF
5 13,638 LF
Descnpbon/Un~t Price
In Words
For furnishing and .installing 18-inch
diameter nonpotable water PVC, DIP, or
RCCP pipe, ~ncluding all taps, embedment,
fittings and adapters, at all depths, complete
in place, for the sum of
Forty-one Dollars
and .90399 Cents per hnear foot,
For furmshing and installing 12-tach
diameter nonpotable water PVC or DIP
pipe, including embedment, fittings, valves
and adapters, at all depths, complete in
place, for the sum of
TwentT-six Dollars
and .69103
Cents per linear foot.
For furnishing and installing 8-inch diameter
nonpotable water PVC or DIP pipe,
including embedment, fittings, valves and
adapters, at all depths, complete in place,
for the sum of
Nineteen
and _Ji628.1_.__
._Dollars
Cents per linear foot
For furmshing and instaBng 6-inch dmmeter
nonpotable water PVC p~pe, including
embedment, fittings, valves, disconnections
and reconnections, and adapters, at all
depths, complete m place, for the sum of
Seventeen Dol~a'r~'
Unit Price
~n Figures
$_ 41.90399
$ 26.69103
$ 19.86281
and .99954 Cents per hnear foot. $ 17.99954
For providing a trench excavation safety
protection system in accordance with the
Specifications and OSHA regulations, and
the assumptmn of the responsibility of said
protection system, complete tn place, for the
sum of One
_Dollars
and,136J4 Cents per hnear toot
$ 1.13614
Extended
Amount
$ 362,176.21
$ 57,065.43
$ 42,009.85
$ 34,991.10
$ 15,545.85
00300-2
4s?-OSOO
BID SCHEDULE
FOR
18" WATER REUSE LINE TO OAKMONT COUNTRY CLUB
Item Estimated Unit
No Quantity
6 14,840 LF
7 14,840 LF
8 615 LF
9 137 LF
10 28 LF
11 210 LF
Descdptmn/Umt Price
In Words
For providing a pollution prevention system
for stormwater discharge ~n accordance with
the specifications and the EPA regulations,
and the assumption of the responsibility of
said poilubon prevenbon system, complete
in place, for the sum of
Zero Dollars
and .28404
Cents per linear foot.
For providing utilities Iocabon, protection,
and relocation, if necessary, m accordance
with the Plans and Specificabons, and the
assumption of the responsibility of utihty
location, protectmn and relocation, complete
in place, for the sum of
Three Dollars
.12439 ' Cen-ts per I~near foot.
For furnishing and ~nstall,ng 30-inch
d~ameter steel casing pipe by boring,
jacking or tunnehng, complete in place, for
the sum of
.T~m. Huadred N. JIi~.~: ye Dollars
and .70401 Cents per ime~'r foot
For furmsh~ng and ~nstalhng '16-~nch
diameter steel casing p~pe by boring,
jacking or tunneling, complete in place, for
the sum of
One Hundred Forty-six
an--~ .74426 Cents p& hnea} foot.
For furmsh~ng and installing 18-inch bore
(no casing required) complete in place, for
the sum of
One Hundred Fourteen ~ollars
and .26193 Cents per~nea-r foot.
For furnishing and instalhng 12-~nch bore
(no casing required) complete in place, for
the sum of
One Hundred Ten .Dollars
and .41040 Cents per hnear foot
Unit Pdce Extended
in .Figures Amount
$. 0.28404 $. 4,215.09
$__~3.12439 $. 46,366.01
$. 295.70401 $ 181,857.96
$ 146.74426
$ 20,103.96
$. 114.26193 $ 3,199.33
$. 110.41040 $ 23,186.18
U030~-3
457-0800
BID SCHEDULE
FOR
18" WATER REUSE LINE TO OAKMONT COUNTRY CLUB
Item Estimated Unit
No Quantity
Description/Umt Price
In Words
Unit Price Extended
in Figures Amount
12 75 LF
13 125 LF
For furnishing and installing 30-inch
diameter steel casing p~pe by open trench
construction, complete in place, for the sum
of
One Hundred Forty .Five D oll ars
and .76339 __ Cents per linear foot.
For furmshmg and ~nstallmg 1B-Inch
diameter steel casing pipe by open trench
construction, complete in place, for the sum
of
Ninety-seven D o liars
~nd .43565 Cents per hnear foot.
$_. 145.76339 $ 107932.25
$ ,97.43565 $ 12,179.46
14 2 EA
For furnishing and Instalhng blow off
assembly, including all valves, riflings,
appurtenances, and equipment complete In
place, for the sum of Three Thousand
Two Hundred Fif~y-five Dollars
and .16028 .Cents per each
$ 3,255.16028 ~ 6,510.32
15 1 EA
For furnishing and installing automabc ali
release valves, including vault, all
eqmpment, f~mgs, and appurtenances,
complete and in place, for the .sum of
Five Thousand Nine Hundred' ThirtY-twOOoll
ars
and .11074 Cents each $
5,932.11074
5,932.11
16 2
EA For fum~shin9 and instalhng gate valve
vault, including all equipment, riflings, and
appu[tenances, complete and in place, for
the sum o(
Eleven Thousand One Hundred Eighty-fotll)olla rs
and .93278 Dents each
$ 11,184.93278 $ 22,369.87
17
5
I-or furmshing and installing manual air
release valves, including valve box, all
equipment, fittings, and appurtenances,
complete and ~n place, for the sum of
One Thousand Two Hundred Sixty-thre~ollars
and .21710 C. ents ouch
$. 1,263.21710 $
6,3!6.09
UU3OU-4
457-0800
BID SCHEDULE
FOR
18" WATER REUSE LINE TO OAKMONT COUNTRY CLUB
~tem Estimated
No. Quanbty
Unit
t 8 1 LS
19 I LS
20 ! LS
21 I LS
22 1
Description/Unit Price
In Words
For all repairs to ex~sbng features, concrete
and asphalt road and driveway removal and
repair, sidewalk removal and repair, tree
replacement, landscape and irrigation
replacement, complete in place, for the sum
of. SeventT-thrce Thousand Eight Hundred
Forty-nine Dollars
and ~l~lq Cents per lump sum
For furmshing and installing the connections
at Mayhdl and Spencer Roads, including
C~ty-suppl~ed butterfly valve, all valve vaults,
piping extensions, equipment, fittings, and
appurtenances, complete in place, for the
sum of Nineteen Thousand F__qllr. H1llldr_~_.~e~l
_ Thirty-three ~ __ Dollars
and .38969 Cents per lump sum
For turmsh~ng and ~nstalling the
d~sconnection and reconnection at the State
School Elevated 'rank ncluding a'
equipment, fittings, and appurtenances,
complete in place, for the sum of _
Six Thousand Six Hundred Ten Dollars
anO .53597 Cents per lump sum
For furmshlng and installing the connections
at the Spencer Generating Station,
including all electrical equipment, piping,
fittings, metering manhole, valve vaults
three gate valves w~th motor operators,
concrete pads anc~ appurtenances
complete m place, for the sum of Seventy
Thousand Three Hundred Ei~htv-oneDOllars
anO .79155 Cents per lump sum
LS Pot furnishing and ~stal,ng the
moolflcabons at the Water Reclamation
Plant meter vault, including all equipment,
ptping, fittings, and appurtenances
complete m place, for the sum of
Four Thousand Four Hundred Twenty-three dollars
and .13070 Gents per lump sum
Unit Price Extended
~n Figures Amount
$. 73,849.31215 $ 73,849.31
$ 19,433.38969 $ 19,433.39
$., 6,610.53597 $ 6,610.54
$ 70~381.79155 $ 70,381.79
$ 4,423.13070 $ 4~423.13
00300-5
457-0800
BID SCHEDULE
FOR
18" WATER REUSE LINE TO OAKMONT COUNTRY CLUB
Item Estimated
No Quantity
Unit
23 1 LS
24 1 LS
25 25 CY
26 600 CY
27 1
Descnption/Umt Price
In Words
Allowance for SCADA and electrical and
instrumentation as described in secbon
01002, for the sum of FORTY-FOUR
THOUSAND FOUR HUNDRED Dollars and
NO Cents per lump sum.
For pressure testing of 4700 LF of City-
~nstalled portion of water line, complete m
place, for the sum of
T~ree Thousand Four Hundred Eight
dollars and .42979 .cents per
lump sum
For furnishing and installing Class B
concrete for addittonal blocking
encasement, etc. as instructed by the
ENGINEER or OWNER at locations not
shown on plans complete ~r~ place, for the
sum of
Ninety-six
dollars and ,57218 _ .cents per
cubic yard
For furnishing and installing Class III
granular embedment, complete in p!ace, for
the sum of
One Hundred Thirteen
LS
dollars and .61433 .cents per
cubic yard
Deduct from Total Amouni Bid to be
proportionately applied to Items
in the sum of
Zero
per lump sum
Doliars and Zero Cents
TOTAL AMOUNT BID (Items 1~27), the sum
of One Million, One Hundred Forty-Eight
Thousand, Fort~-six Dollars
and Fifty-six Cents
Unit Price Extended
in F[[Jures Amount
$ 44,400 $ 44,400
3,408.42979 $ 3,408.43
$. 96.57218 $. 21414.30
$ 113.61433
68,168.60
$ 0.00000 $ 0.00
1,148,046.56 $. 1,148,046.56
U0300-U
457-0800
Receipt is hereby acknowledged of the following addenda to the Contract Documents'
Addendum No. 1 dated
/~ddendum No. 2 dated
Addendum No, 3 dated
Addendum No, 4 dated
Addendum No. 5 dated
10-24-02 Received
Received
Received
Received
Received
10-24-02
Respectfully submitted,
Signature
Attested by:
David W. Estes, President
Pnnted Name and T~tle
Pnnted2Name and T~tle ii
Texas Electric Utility Construction
Company Name
P.O. Box 2211
Mailing Address
4613 Highwaz_1417 North
Street Address
Sherman~ Texas 75092
C~ty and State
903-893-0949
Telephone Number
Seal and Authorization
(If Corporabon)
00300-8
STATE OF TEXAS §
COUNTY OF DENTON §
PERFORMANCE BOND
Bond No. 6193~50
KNOW ALL MEN BY THESE PRESENTS: That Texas Electric Utility Construction
whose address is 4613 Highway 1417 North, Sherman, TX 75092 hereinafter called Principal,
and safeco Insurance Company of America ., a corporation organized and existing under the
laws of the State of Washington , and fully authorized to transact business in the State of
Texas, as Surety, are held and firmly bound unto the City of Denton, a municipal corporation
organized and existing under the laws of the State of Texas, hereinafter called Owner, in the penal
sum of One Million, One Hundred Forty Seven Thousand, Nine Hundred & Ninety Five
DOLLARS and Thirty Seven Cents ($1,147,995.37 ) 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 SAlVlE is conditioned as follows: Whereas, the Principal
entered into a certain Contract, identified by Ordinance Number 2002- 379 , with the City of
Denton, the Owner, dated the 19th day of November A.D. 2002 , a copy of which is
hereto attached and made a part hereof, for Bid 2899 - 18" Reuse Waterline to Oakmont Country
Club.
NOW, THEP,_EFOKE, 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 ali duly authorized modifications of said Contract that may hereafter be made, notice of which
modifications to the Surety being hereby waived; and, if the Principal shall repair and/or replace all
defects due to faulty materials and workmanship that appear within a period of one (1) year from
the date of final completion and final acceptance of the Work by the Owner; and, if the Principal
shall fully indemnify and save harmless the Owner from all costs and damages which Owner may
suffer by reason of failure to so perform herein and shall fully reimburse and repay Owner all outlay
and expense which the Owner may incur in making good any default or deficiency, then this
obligation shall be void; otherwise, it shall remain in full force and effect.
PB - 1
PROVIDED FURTHER, that if any legal action be filed upon this Bond, exclusive venue
shall lie in Denton County, State of Texas.
AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and
agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the
Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc., accompanying the
same, shall in anywise affect its obligation on this Bond, and it does hereby waive notice of any
such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to
be performed thereunder, or to the Plans, Specifications, Drawings, etc.
This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Govemment
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, Vemon's Annotated Civil Statutes of the State of Texas.
IN WITNESS WHEREOF, this instrument is executed in Four _copies, each one of which
shall be deemed an original, this the 5th .day of December , 2002
ATTEST:
SECP& A J -
PRINCIPAL
Texas Electric Utility Construction. Ltd.
ATTEST: SURETY
Sa£eco Insurance Company of America
tTevy~°r,(~t°rney-£n- BY:
ATTORNEY-m-FACT
Krfsta M. Stromberg, Attorney-in-Fact
The Resident 1~ of the Surety in Denton County, Texas for delivery of notice and service of the
process is:
NAME: Safeco Insurance Company of America
STREET ADDRESS: 1600 N. Collins Blvd.. Richardson. TX 75080
(NOTE: Date of Performance Bond must be date of Contract If Resident Agent is not a corporation, give a
person's name.)
PB - 2
PAYMENT BOND
Bond No. 6193450
STATE OF TEXAS
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS: That Texas Electric Utility Construction, Ltd.
whose address is 4613 Highway 1417 North, Sherman, TX 75092, hereinafter called Principal,
and safeco Insurance Company of America , a corporation organized and existing under the
laws of the State of Washington ., and fully authorized to transact business in the State of
Texas, as Surety, are held and firmly bound unto the City of Denton, a municipal corporation
organized and existing under the laws of the State of Texas, hereinafter called Owner, and unto all
persons, firms, and corporations who may furnish materials for, or perform labor upon, the building
or improvements hereinafter referred to, in the penal sum of One Million, One Hundred Forty.
Seven Thousand, Nine Hundred & Ninety Five DOLLARS and Thirty Seven Cents
($1,147,995.37) in lawful money of the United States, to be paid in Denton, County, Texas, for the
payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors,
administrators, successors, and assigns, jointly and severally, firmly by these presents. This Bond
shall automatically be increased by the amount of any Change Order or Supplemental Agreement
which increases the Contract price, but in no event shall a Change Order or Supplemental
Agreement which reduces the Contract price decrease the penal sum of this Bond.
THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal
entered into a certain Contract, identified by Ordinance Number 2002- 379 _, with the City of
Denton, the Owner, dated the 19th day of November A.D. 2002 , a copy of which is hereto
attached and made apart hereof, for Bid 2899 - 18" Reuse Waterline to Oakmont Country Club.
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 mater/al 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 Govemment
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.
1N WITNESS WHEREOF, this instrument is executed in pour copies, each one of which
shall be deemed an original, this the 5th day of December., 200:l
ATTEST:
PRINCIPAL
Texas Electric Utility Construction. Ltd.
PRESIDENT
ATTEST: SURETY
.~ ~,~ , ~Z-~,~ Sa£eco Insurance Comoanv of ~nr~ea
Tevy Lc~torney-fn-Fact BY: · - ~
-rN-F
Krista M. Stromberg, ~~
The Reside~ofthe Sure~ in Denton Co~ty, Texas ~rdelive~ofnotice~dse~iceof~e
processis:
N~: Safeco Insurance Company of ~er~ca
STREET ADDRESS: 1600 N. Collins Blvd.. Richardson. TX 75080
(NOTE: Date of Payment Bond must be date of Contract. If Resident Agent is not a corporation,
give a person's name.)
PB - 4
S ~ F E C 0® POWER S^F£CO,,sura,ceCor, pany
PO Box 34526
OF ATTORNEY Sea~le, WA 98124-1526
No. 347
KNOW ALL BY THESE PRESENTS:
That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby
appoint
**PATRICK D. DINEEN; HEIDI BOCKUS; KRISTA M. STROMBERO; KATHIE L. WIEGERS; TEVY LOR; THOMAS J. JOCHUMS; JAY A. MILEY; SUZANNE HOLDEN;
its true and lawful attomey(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character
issued in the course of its business, and to bind the respective company thereby.
IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and
attested these presents
R.A. PIERSON, SECRETARY
day of November 2001
MIKE MCGAVICK, PRESIDENT
CERTIFICATE
Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA:
"Article V, Section 13. - FIDELITY AND SURETY BONDS ... the president, any Vice president, the Secretary, and any Assistant Vice President appointed for that
purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to
execute on behaff of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any
instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or
undertaking of the company, the seal, or a facslmits thereof, may be impressed or affLxed or in any other manner reproduced; provided, however, that the seal shall not
be necessary to the validity of any such instrument or undertaking."
Extract from a Resolution of the Boar~l of Directors of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970.
"On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The previsions of Article V, Section 13 of the By-Laws, and
(ii) A copy of the power, of-attomey appointment, executed pursuant therete, and
(iii} Certifying that said power-of-attorney appointment is in full rome and effect,
the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof."
I, R.A. Pierson, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the
foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, ara hue and
correct, and that bcth the By-Laws, the Resolution and the Power of A{torney are still in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation
this 5th day of December 2002
R.A. PIERSON, SECRETARY
S-09741SAEF 2/01 ® A registered trademark of SAFECO Corporation
' 'All:Purpose
Certificate of Acknowled lment
State of Washington
County of King
On
December 5, 2002 before me,
DATE
Heidi Bockus
NAME OF NOTARY PUBLIC
personally appeared
Krista M. Stromberg and Tevy Lor
NAME(S) OF SIGNER(S)
[] personally known to me - OR
[] proved to me on the basis of satisfactory evidence to be the
person(s) whose name(s) is/are subscribed to the within instrument
and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(les), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the instrument.
Witness my hand and official seal.
SIGNATURE OF NOTARY PUBLIC
Though the data below is not required by law, it may prove valuable to persons relying on the document and
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
[] Individual(s)
[] Corporate Officer:
[] Title(s)
[] Partner(s)
[] Attorney-in-Fact
[] Trustee(s)
[] Subscribing Witness
[] Guardian/Conservator
[] Other:
DESCRIPTION OF ATTACHED DOCUMENT(S)
Type of Document
Performance & Payment Bond
Number of Pages
Four (4)
Date of Document
December 5, 2002
Signer(s) Other Than Named Above
Texas Electric Utility Construction, Ltd.
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(lES)
Safeco Insurance Company of America
Document4
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:
14'ithout limiting any of the other obligations or liabilities of the Contractor, the Contractor shall
provide and maintain until the contracted work has been completed and accepted by the City of
Denton, Owner, the minimum insurance coverage as indicated hereinafter.
As soon as practicable after notification of bid award, Contractor shall file with the Purchasing
Department satisfactory certificates of insurance, containing the bid number and title of the
project. Contractor may, upon written request to the Purchasing Department, ask for clarification
of any insurance requirements at any time; however, Contractors are strongly advised to make
such requests prior to bid opening, since the insurance requirements may not be modified or
waived after bid opening unless a written exception has been submitted with the bid. Contractor
shall not commence any work or deliver any material until he or she receives notification that the
contract has been accepted, approved, and signed by the City of Denton.
All insurance policies proposed or obtained in satisfaction of these requirements shall comply
with the following general specifications, and shall be maintained in compliance with these
general specifications throughout the duration of the Contract, or longer, if so noted:
Each policy shall be issued by a company authorized to do business in the State of
Texas with an A.M. Best Company rating of at least A.
Any deductibles or self-insured retentions shall be declared in the bid proposal. If
requested by the City, the insurer shall reduce or eliminate such deductibles or
self-insured retentions with respect to the City, its officials, agents, employees and
volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and
related investigations, claim administration and defense expenses.
Liability policies shall be endorsed to provide the following:
Name as additional insured the City of Denton, its Officials, Agents, Employees
and volunteers.
That such insurance is primary to any other insurance available to the additional
insured with respect to claims covered under the policy and that this insurance
applies separately to each insured against whom claim is made or suit is brought.
The inclusion of more than one insured shall not operate to increase the insurer's
limit of liability.
All policies shall be endorsed to read:
"SAID POLICY SHALL NOT BE CANCELLED, NONRENEWED OR
MATERIALLY CHANGE WITHOUT 30 DAYS ADVANCED WRITTEN NOTICE
BEING GIVEN TO THE OWNER (CITY) EXCEPT WHEN THE POLICY
BEING C/INCELLED FOR NONPAYMENT OF PREMIUM IN WHICH CASE 10
DAYS ADVANCE WRITTEN NOTICE IS REQUIRED".
Should any of the required insurance be provided under a claims-made form, Contractor
shall maintain such coverage continuously throughout the term of this contract and,
without lapse, for a period of three years beyond the contract expiration, such that
occurrences arising during the contract term which give rise to claims made after
expiration of the contract shall be covered.
Should any of the reqfftred insurance be provided under a form of coverage that
includes a general annual aggregate limit providing for claims investigation or legal
defense costs to be included in the general annual aggregate limit, the Contractor shall
either double the occurrence limits or obtain Owners and Contractors Protective
Liability Insurance.
Should any required insurance lapse during the contract term, requests for payments
originating after such lapse shall not be processed until the City receives satisfactory
evidence of reinstated coverage as required by this contract, effective as of the lapse
date. If insurance is not reinstated, City may, at its sole option, terminate this
agreement effective on the date of the lapse.
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS:
All insurance policies proposed or obtained in satisfaction of this Contract shall additionally comply
with the following marked specifications, and shall be maintained in compliance with these
additional specifications throughout the duration of the Contract, or longer, if so noted:
[X] A. General Liability Insurance:
General Liability insurance with combined single limits of not less than $1,000,000
shall be provided and maint~fmed by the Contractor. The policy shall be written on an
occurrence basis either in a single policy or in a combination of underlying and
umbrella or excess policies.
If the Commercial General Liability form (ISO Form CG 0001 current edition) is used:
Coverage A shall include premises, operations, products, and completed
operations, independent contractors, contractual liability covering this contract
and broad form property damage coverage.
Coverage B shall include personal injury.
· Coverage C, medical payments, is not required.
If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and
ISO Form GL 0404) is used, it shall include at least:
Bodily injury and Property Damage Liability for premises, operations,
products and completed operations, independent contractors and property
damage resulting from explosion, collapse or underground (XCU) exposures:
· Broad form contractual liability (preferably by endorsement) covering this
contract, personal injury liability and broad form property damage liability.
[X] Automobile Liability Insurance:
Contractor shall provide Commercial Automobile Liabihty insurance with Combined Single
Limits (CSL) of not less than $500,000 either in a single policy or in a combination of
basic and umbrella or excess policies. The policy will include bodily injury and property
damage liability arising out of the operation, maintenance and use of all automobiles and
mobile equipment used in conjunction with this contract.
Satisfaction of the above requirement shall be in the form of a policy endorsement for:
any auto, or
all owned, hired and non-owned autos.
IX] 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 build'rog 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).
[1
[]
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% 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.
[1
[]
Builders' Risk Insurance
Builders' Risk Insurance, on an All-Risk form for 100% of the completed value shall be
provided. Such policy shall include as "Named Insured" the City of Denton and all
subcontractors as their interests may appear.
Commercial Crime
Provides coverage for the theft or disappearance of cash or checks, robbery inside/outside
the premises, burglary of the premises, and employee fidelity. The employee fidelity
portion of this coverage should be written on a "blanket" basis to cover all employees,
including new hires. This type insurance should be required if the contractor has access to
City funds. Limits of not less than each occurrence are required.
[]
Additional Insurance
Other insurance may be required on an individual basis for extra hazardous contracts and
specific service agreements. If such additional insurance is required for a specific contract,
that requirement will be described in the "Specific Conditions" of the contract specifications.
ATTACHMENT1
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 fi:om the beginning of the work on the project
until the contractor%/persoffs 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 carders,
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.
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.
The Contractor must provide a certificate of coverage to the governmental entity prior
to being awarded the contract.
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.
The contractor shall obtain from each person providing services on a project, and
provide to the governmental entity:
(1)
a certificate of coverage, prior to that person beginning work on the project, so the
governmental entity will have on file certificates of coverage showing coverage
for all persons providing services on the project; and
(2)
no later than seven days after receipt by the contractor, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of the project.
The contractor shall retain all required certificates of coverage for the duration of the
project and for one year thereafter.
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.
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.
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
mounts 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 fi'om each other person with whom it contracts, and provide to the
contractor:
(a) a certificate of coverage, prior to the other person beginning work on the
project; and
(b)
a new certificate of coverage showing extension of coverage, prior to the
end of the coverage period, if the coverage period shown on the current
certificate of coverage ends during the duration of the project;
(5) retain all required certificates of coverage on file for the duration of the project
and for one year thereafter;
(6)
notify the governmental entity in writing by certified mail or personal delivery,
within 10 days after the person knew or should have known, of any change that
materially affects the provision of coverage of any person providing services on
the project; and
(7)
contractually require each person with whom it contracts, to perform as required
by paragraphs (1) - (7), with the certificates of coverage to be provided to the
person for whom they are providing services.
By signing this contract or providing or causing to be provided a certificate of coverage,
the contractor is representing to the governmental entity that all employees of the
contractor who will provide services on the project will be covered by workers'
compensation coverage for the duration of the project, that the coverage will be based
on proper reporting of classification codes and payroll mounts, 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.
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 fi.om the governmental entity.