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2002-137Ore, IN.CE NO. dS[ -/3 7 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF THE LOOP 288 30" WATERLINE; PROVIDING FOR THE EXPENDI~ OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 2833- LOOP 288 30" WATERLINE AWARDED TO TEXAS ELECTRIC UTILITY CONSTRUCTION, INC. IN THE AMOUNT OF $!,211,846.73). 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 ord'mances; 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: BD NUMBER 2833 CONTRACTOR TexasElecfficUtilityConstruction, Inc. AMOUNT $1,211,846.73 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 ail requirements specified in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, and insurance certificate after notification of the award of the bid. SECTION 3. That the City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein. SECTION 4. That upon acceptance and approval of the above competitive bids and the execution of contracts for the public works and improvements as authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and in the mount 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 /4~ day of c~ ,2002 EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: 3-ORD- BID 2833 Loop g~l~ Jo" ,Waterline CONTRACT AGREEMENT STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT, made and entered into this day of May A.D., 2002, by and between 14th City. of Denton of the County of and State of Texas, acting through Mike Conduff thereunto duly authorized so to do, hereinafter termed "OWNER," and Texas Electric Utility. Construction: Ina. 4613 Hwy.. 1417 North Sherman: TX 75092 of the City of Sherman , County of Grayson and State of Texas , hereinafter termed "CONTRACTOR." WlTNESSETH: That for and in consideration of the payments and agreements here'mafter 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 2833- I.onp 288 30" Waterline in the amount of $1,211:846.73 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, CA - 1 and the Specifications therefore, as prepared by: City. of Denton staff all of which are referenced herein and made a part hereof and collectively evidence and constitute the entire contract. 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 shall and does hereby agree to indenmify and hold harmless the City of Denton from any and all damages, loss, or liability of any kind whatsoever, by reason of injury to property or third persons occasioned by any error, omission or negligent act of Contractor, its officers, agents, employees, invitees, and other persons for whom it is legally liable, with regard to the performance of this Agreement, and Contractor will, at its cost and expense, defend and protect the City of Denton against any and all such claims and demands. 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 IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. ATTEST: BY: ATTEST: (SEAL) Texas Electric Utility Construction, CONTRACTOR APPROVED AS TO FORM: 4613 Hwv 1417 N Sherman~ TX 75092 MAILING ADDRESS 903-893-0949 PHONE NUMBER 903-893-3379 BY: President TITLE David W. Estes PRINTED NAME .., ~?. .............. p~ ,.. ~--- %.7 * 7,,,'" STATE OF TEXAS § PERFORMANCE BOND Bond No. 6166749 COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That Texas Electric Utility Construction: [nc. whose address is 4613 YIwy 1417 North Sherman: TX 75092 hereinafter called Principal, and Safeco Insurance Company of Amer±ca a corporation orgaxdzed and existing under the laws of the State of ~ton , and fully authorized to transact business in the State of Texas, as Surety, are held and fmnty 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 Millinn TWO Hundred Eleven Thon.qand Eight l-hmdred Forty ,Rix and 7q/100 DOLLARS(S1,211,846.73) 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, suceessora,, 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 2002137 with the City of Denton, the Owner, dated the 14 day of Malt A.D. _21XP.___a copy of which is hereto attached and~made a part hereof, for Bid 28~cl- l.oop 288 Waterline NOW, THEREFORE, ff the Principal shall well, truly and faithfully perform and fulfill all of the undertahngs, 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, no/ice 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 fmal 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_Q.wner may incur in making good any default or deficiency, th~'n this obligation shall be void; otherwise, it shall remain in full force and effect. PB-1 Bond No. 6166749 p.P.__OVIDED FURTHER, that if ~gy legal action be fried 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., ac60mpanying 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 m 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 pm...cCss 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 WItEREOF, this instrument is executed in your copies, each one of which shall be deem[d an origlnsl, this the 14th day of May ~ 2002 ATTEST: BY: PRINCIPAL ~/ "i /~, /~ Texas Electric Utility SEC~~ BY: P~ENT Conm~guction, Inc. ATTEST: Suzan~ Hoiden Office SURETY Safeco Insurance Company of America ATTORNEY-IN-FACT ' ( Krista M. Stromberg, Attorney-'i-~-Fact The Resident ~tmlxof the Surety in ~, Texas for delivery of notice and service of the process is: *** NAME: Safeeo Insurance Company of America STREET ADDRESS.: 1600 N. Colliqs Blvd., Richardson, TX 75080 ~** Please send like notice immediately to~ Safsco Insurance CoCpany_..of ~A~,~[ica,~. ' ~Safeco Plaza, Seattle, ~r 9oleo (NOTE: Date of Performance Bond must be date of Contract. If Resident Agent is not a corporation, give a person's name.) PB - 2 S A F E C O' POWER SA ECO,nsur nceCon m.y PO Box 34526 OF ATTORNEY Seanle, 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, doss each hereby appoint **PATE. teE D, DINEEN; HEIDI BOCK. US; KP`ISTA M. STROMBERO; KATHIE g W[EGER$; TEVY LOP.; THOMAS J, JOCHUM$; JAY ^, MILEY; SUZ^NNE HOLDEN; its tree and lawful attomey(s)-in-fact, with full authorty to execute on its behalf fidelity and surety bonds or undertakings and ether documents of a similar character issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 5th R.A. PIERSON, SECRETARY day of November , 2001 CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Artcie V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretory, and any Assistant Vice President appointed fur that purpose by the officer in charge of surety operations, shall each have author~y to appoint Individuals as attomeys-in-fact or under other appropriate titiss with authorty to execute on behalf of the company fidelity and surety bends end other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile Ihereof, may be impressed ~r affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such insffument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAl.. INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretory or an assistant secretary of the Company setting out, (i) The provisions of Article V, Section 13 of the By-Laws, and (ii) A copy of the pawer..of-attomey appointment, executed pursuant thereto, and (iii) Cert lying that said power-of-attorney appointment is in full fume and effect' the signature of the cert[ying 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 furegoing extracts of the By-Laws and of a Resolutiea of the Beard of Directom of these coq~oretions, and of a Power of Attorney issued pursuant thereto, am hue and correct, and that beth the By-Laws, the Rssolution and the Power of Attorney ara still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this 14t h day of IV~ay 2 0 0 2 R.A. PIERSON, SECRETARY ® A registered trademark of SAFECO Corporation Ali-purpose Certificate of Acknowled~lment State of Washington County of King On May 14, 2002 DATE before me, Kathie L. Wiegers NAME OF NOTARY PUBLIC personally appeared Krista M. Stromberg 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. 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 DESCRIPTION OF A3-rACHED DOCUMENT(S) [] Individual(s) [] Corporate Officer: [] Title(s) Type of Document Performance Bond [] Partner(s) [] Attorney-in-Fact [] Trustee(s) [] Subscribing Witness [] Guardian/Conservator [] Other: Number of Pages Two (2) Date of Document May '14, 2002 Signer(s) Other Than Named Above Texas Electric Utility Construction, Inc.. SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(lES) Safeco Insurance Company of America Document9 PAYMENT BOND Bond No. 6166749 STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That Texmq Electric Utility Con.qtmcfinn Inc. ,whose address is 4613 Hwy 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 Safety, arc 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 Two Hundred Eleven Thousand Eight Hundred Forty Six and 73/100 DOLLARS ($1,211,846.73) in lawful money of the United States, to be paid in Denton, County, Texas, for the payment of which sum well and lauly 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 an~ Change Order or Supplemental Agreement which increases the Contract price, but in no event, shall a Change Order or Supplemental Agreement which reduces the Contrac~ 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 2002-137 with the City of Denton, the Owner, dated the 14th day of May A.D. 2002, a copy of which is hereto attached and made a part hereof, for Bid 283:t- Imm 2gg Waterline NOW, THEREFO .P,E, 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/ur material in the prosecuQon of the Work provided for in said Contract and any and all dul~.authorized modifications of said Contract that may hereafter be made, notice of which mo~ficatious to the Surety being hereby expressly waived, then this obligation shall be void; otherw!se 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 ia'anywise affect its obligation ar'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 Bond No. 6166749 This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, as amended, and any ~her 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 whotu 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 WttEREOF, this instxument is executed in Four copies, each one of wkich shall be deemed an original, thisthe 14thdayof May , 2002 ATTEST: PRINCIPAL BY: ~j//~jJ~ ~,. , .... h Texas Elee~ic Utility PI~I~ENT ~ ATTEST: SURETY Safec0 'Insurance Company of America ATTORNEY-IN-FACT ' v Office The Resident glg~at of the Surety in~ Texas for delivery of notice mad service of the process is: NAME: Safeco Insurance Company of America STP. EETADDRESS: 1600 N. Collins Blvd., Richardson, TX 75080 ***Please send like notice immediately to : Safeco Insurance Company o~ Amerlca, Safeco Plaza, Seattle, WA 98185 (NOTE: Date of Payment Bond must be date of Comract. If Resident Agent is not a corporation, give a person's name.) S A F E C O' POWER SAFECOl..ura. Coml r,y PO BOX 34826 OF ATTORNEY Seattle. WA 98124-1526 No. 347 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint **PATRICK D. DINEEN; HEIDI BOCKUS; KRISTA M. STROMBERG; KATHIE L WIEGERS; T~:VY LOR; THOMAS J. JOCHUMS; JAY A. MILEY; SUZANNE HOLDEN; APRIL L CHAMPAGNE; Seattle, ************************************************************************************************************************** *** 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 this 5th 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: "Alllcle V, Section 13. - FIDELITY AND SURETY BONDS .. the President, any Vice Praside~t, the Secretary, and any Assistant Vice Prasidant appointed for that purpose by the officer in charge of surety operations, shall each have authedty to appoint individuals as attomeys-in-fact or urKler other appmpdate titles with authority th execute on behalf of the company fidelity and surety bonds and other documents of similar charactei: issued by the company in the course of its business... On any Insb'ument making or evidencing such appointment, the signatoras may be affixed by facsimile. On any instrument confentng such autho~[y or on any b(md or undertaking of the compony~ the seal. or a facsimile thereof, may be impressed or affixed or in any other manner repnxluoad; provided, howe,Jer, that the seal shall not be necessary to the validity of any such instrument or undertaking," Extract from a Resolution of the Board of Directom of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28. 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out. (i) The provisions of Article V, SeCtion 13 of the By-Laws. and (ii) A copy of the power-of-attorney appointment, executed pursuant thereto, and (iii) Certifying that said power-of-attorney appointment is in full force and effect. the signature of the oartitythg 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 conporations, and of a Power of ARomey issued pursuant thereto, ara true and coon'ect, and that both the By-Laws, the Resolution and the Power of Attorney are still In full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this ! 4ch day of Nay 2002 R.A. PIERSON, SECRETARY ® A r~g[stered trademark of SAFECO Coqx~agon 1115/01 PDF Ali.15urpose Certificate of Acknowled lment State of Washington County of King On May 14, 2002 DATE before me, Kathie L. Wiegers NAME OF NOTARY PUBLIC personally appeared Krista M. Stromberg NAME(S) OF SIGNER(S) [] personally known to me - OR [] proved to me on the basis of satisfactory evidence to be the pemon(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. "~ ~'~ ~ ~ j~IGNATURE OF NOTARY PUSLIC / 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 Payment Bond Number of Pages Two (2) Date of Document May 14, 2002 Signer(s) Other Than Named Above Texas Electric Utility Construction, Inc. SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(lES) Safeco Insurance Company of America Document9 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 shah have a duty to maintain throughout the course of this contract. STANDARD PROVISIONS: Without limiting a~y of the other obligations or liabilities of the Contractor, the Contractor shah 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 shaH 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. AH insurance policies proposed or obtained in satisfaction of these requirements shah comply with the following general specifications, and shah 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, Employees and volunteers. Agents, 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 agairmt 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 MATERL4LLY CHANGE WITHOUT 30 DAYS ADVANCED WRITTEN NOTICE BEING GIVEN TO THE OWNER (CITY) EXCEPT WHEN THE POLICY IS BEING CANCELLED FOR NONPAYMENT OF PREMIUM IN WHICH CASE 10 DA YS AD VANCE WRITTEN NO TICE IS REQUIRED ". Should any of the required insurance be provided under a claims-made form, Contractor shall maintain such coverage continuously throughout the term of this contract and, without lapse, for a period of three years beyond the contract expiration, such that occurrences arising during the contract term which give rise to claims made after expiration of the contract shall be covered. Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit providing for claims investigation or legal defense costs to be included in the general annual aggregate limit, the Contractor shall either double the occurrence limits or obtain Owners and Contractors Protective Liability Insurance. Should any required insurance lapse during the contract term, requests for payments originating after such lapse shall not be processed until the City receives satisfactory evidence of reinstated coverage as required by this contract, effective as of the lapse date. If insurance is not reinstated, City may, at its sole option, terminate this agreement effective on the date of the lapse. SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: All insurance policies proposed or obtained in satisfaction of this Contract shall additionally comply with the following marked specifications, and shall be maintained in compliance with these additional specifications throughout the duration of the Contract, or longer, if so noted: IX] 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: [] [] 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% 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 fonn 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. [] 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. Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual liability covering this contract and broad form property damage coverage. · Coverage B shall include personal injury. Coverage C, medical payments, is not required. If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) is used, it shall include at least: Bodily injury and Property Damage Liability for premises, operations, products and completed operations, independent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures. Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability. [X] Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than ~;'tO0~0OO either in a single policy or in a combination of basic and umbrella or excess policies. The policy will include bodily injury and property damage liability arising out of the operation, maintenance and use of all automobiles and mobile equipment used in conjunction with this contract. Satisfaction of the above requirement shall be in the form of a policy endorsement for: · any auto, or · all owned, hired and non-owned autos. [X] Workers Compensation Insurance Contractor shall purchase and maintain Worker's Compensation insurance which, in addition to meeting the minimum statutory requirements for issuance of such insurance, has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 policy limit for occupational disease. The City need not be named as an "Additional Insured" but the insurer shall agree to waive all rights of subrogation against the City, its officials, agents, employees and volunteers for any work performed for the City by the Named Insured. For building or construction projects, the Contractor shall comply with the provisions of Attachment 1 in accordance with §406.096 of the Texas Labor Code and rule 28TAC 110.110 of the Texas Worker's Compensation Commission (TWCC). 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 commigsion, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person% 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'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 dehvering 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. Do 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 f~om 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 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. The contractor shall notify the govermnental 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 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: (5) (6) (7) (a) a certificate of coverage, prior to the other person begi~nlng work on the project; and 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; retain all required certificates of coverage on file for the duration of the project and for one year thereafter; 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 contractually require each person with whom it contxacts, 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 carder 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, c~iminal 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 from the governmental entity. Bid 2833- Loop 288 Waterline Project Name Loop 288 Water Line' BID TABULATION SHEET Item Descrfpflon Quantity Bid No. P.O. No, 2833 To~l 1,21 $ 12,014.92991/LS 12,014.93 Umt 3Prtce la Words Twelve Thousand Fourteen dollars and .92991 cents per LS 12" ~/at~r Line 20 25.72091 / fa= 514.42 . Unit Price In Words Twenty Five dollars an.O .72091 cents per LF 2.12-B 16" W'aterLme [ 50 LF $ 43.59445 Unit Price in Words Forty Three dollars and .59445 cents per LF Unit Price In Words FiRy Eight dollars and .70851 cents per LF / LF 15 2,179.72 / LF [$ 732,330.00 2.12 -C [ 570 Untt Price In Words Thirty One dollars and .68242 certs per LF 8" SDR-26 Smlxlary Sewer Unit Price hn Words One dollar and .09856 cents per LB Tuon~,cl Inner Platc/Sleel Casing-Bore, ~omplcle ] ~V536 tn P acc 309 1~' $ 419.64919 I Init Price In Word~ Four Hundred Nineteen dollars and .64919 vents per LF WS.36 C omplele in Place . 71 . , L~F 54.92790 Unit P~ce In Words FLay Four dollars and .92790 cents per LF Unit Price la Words Three dollars and .66479 c~nts per LF i,· ,~ / l,l~ {$ 2,197.12 / LF 15 129,671.60 / I,F $ 3,899.88 [Fir, Hydrant A,sembly (8") { .5 . 2,985.002 / F.A 14,925.01 Unit Prlc(: In Words Two Thousand Nine Hundred Eighty Five dollars and .00206 cents per EA L13-A 5 1,473.71569/EA Unit Prlc¢ In Words One Thousand Four Hundred Seventy Three dollars and .71569 cents per EA 7,368.58 2.I3-B 16" Gate Valve and Bo~t 2 / EA 8,966.89 ' Unit Price In Words Four Thousand Four Hundred Eighty Three dollars and .44263 cants per EA 4/11102 P 3 Pro]e.ct Name Loop 288 Water Line Item 3.1 WS40 BID TABULATION SHEET Bid No. P.O. No. 2833 I pr~paration°£Right°fway ! I l,S 152,077.00,718 /tS [$2,077.01 Unit Pri~ In Words Two Thousand Seventy Seven dollars and .00718 cents per LS Unit Price In Word:s Twenty Six Thousand Throe dollars and .98337 cants per EA Unit Price In Words Six dollars and .59135 cents per SY ]Bro ,t,S ed ] S 000 Unit Price In Words 0.32957 cants par SY T;:mporary Erosion Control [ I 3.I2 s¥ I$6.59135 I S~ [$0.32957 / SY 15659.13 / 8¥ 152,8,013.23 ]L~.I$37,3.50.97531,/LS [$37,350.98 !5-A 6-A-1 8,2-A 14 W$-I 8 Unit Price In Words Thirty Seven Thousand Three Hundred Fifty dollars and .97531 cents per LS Il'rill Prme In Word.q Thr~e Thousand Nine Hundred Nine dollars and .40208 cents per EA Unit Prien In Wordl Two Thousand Seven Hundred Forty Six dollars and .39524 cents per EA IBmr'¢adcs, Wamins.s'gnsa'~dr)¢t°urs. I . .. Z,S 1.S7,14°.6.2763 /...~1l'S 157,140'63 Urn[ Price In Words Seven Thousand One Hundred Forty dollars and ,62?63 cents per LS I}'nil P~ice In Word~ Five dollars and .49279 cents per LF M~seeltancous F~,mc, e Repair [ L,q $ 6,338.68022 / LS [ $ 6,338.68 Umt Prloe In Words [Sanitm'y Sewer Service Umt Price In Words Six Thousand Three Hundred Thirty Eight dollars and .68022 cents per LS Three Hundred Eighty Three dollars and .75564 cents per EA 4/1 '1/02 P 4 Project I~me 'Loop 288 Water Line BID TABULATION SHEET Item Description Quantity Bid No. P.O. No. Unit Price 2833 To~al SF-2 Concrete Saw Cut 20 1.09856 / I,F $21.97 Unit Pr]t~ Ia Worda One dollar and .09856 cents per LF Unit Price In Word.s ~P,-10 JRo~k Ex¢avation gP-37 gP-40 UIlit Pace In Word~ Excavation Protuctton. Manholc 3 $ 598.16488 Five Hundred Ninety Eight dollars and .16488 cants per EA _ 1_ 50' ' ] C¥ ]$21.07034 Twenty One dollars and .07034 c~nts per CY Unit Price In Words 0.54928 cents per LF ]Projuct Signs ...... Unit Pncc In Words Three Hundred Twenty Nine dol]ar~ and ,56743 cents per E^ / EA $1,794.49 / CY $1,053.52 / 1.~ [57,689.91 / £A $659.13 / EA I$1,246.~0 , Unit Price In Words Three Hundred Eleven dollars and .55108 cents per EA Umt Price In Words One dollar and .09856 cents per LF 8.3 Remove and Replace Conc. Pavemcnt 211 S¥ $ 47.60 11 / Sy $ 952.14 Unit Price In Words Forty Seven dollars and .60711 cents per SY SUBTOTAL BASE BID $1,150,726.80 Additive Alternate - Fiber Optic Installation $ 61,119.74 4/11/02 P 5 BID SUMMARY TOTAL BASE BID PRICE IN WORDS Million One Hundred Fifty Thousand Seven Hundred Twenty Six dollars and .80 cents. Provision is made in the bid form for the Bidder to mske additions (+) or deductions (-) in his bid, if he chooses, to reflect last mimffe adj~nts in price. The addition or deduction, if nnde, will he applied proportionally to the bid items for the pipeline construction. Alternate bid item: The following item may be added to the total base bid prior to award of a conUact. Award of the contract will be based on items actually included in the Project. Thc decision to add the alternate item listed will be solely at the discretion of the City. ADDITIVE ALTERNATE BID ~ PRICE IN WORDS Sixty One Thousand One Hundred Nineteen dollars and .74 cents, Pipe Manufacturer: The bid has been prepared, with last minqte adjliaimonts as applicable, based on the use of pipe as specified in Section WS of the specifications. It is the intent of the Bidder to utiliTe said pipe for the constructon of the project. In the event of the award of a contract to the undersigned, the undersi§ned will furnish a performance bond and a payment bond for the full amount of the contract, to secure proper compliance with the terms and provisions of the contract, to insure and guarantee the work umil final completion and acceptance, and to guarantee payment for all hwfol claims for labor performed and materials furnished in the fulfillment of the ec~rac~. It is understood that the work proposed to be done shall be accepted, when fully completed and finished in accordance with the plan~ and specifications, to the satisfaction of the qneer. The undersigned certifies that the bid prices contained in this proposal have been carefully checked and are submitted as correct and final, P-6 Unit and lnm? sum prices as shown for each item listed in this proposal, shall control over extensions. Receipt is hereby acknowledged of the following addenda to thc plans and specifications: Ackle~clum No. 1 daled Addeadam No. 2 datexl Addeadum No. 3 dated Addeadum No. 4 datexl Addeadum No. 5 dated April 12, 2002 April 12, 2002 April 16, 2002 Received Re~e/~..ived Received Texas Electric Utility Construction, Inc. CONTRA OR ~ David W. Estes, President 4613 Hwy. 1417 North Street Address Sherman, TX 75092 City and State Seal & Authorization (If a Corporation) 903-893-0949 Telephone P-7 VENDOR COMPLIANCE TO STATE LAW The 1985 Session of the Texas Legislature pas~ed House Bill 620 relative to the award of contracts to non-resident bidders. This law provides that, in order to be awarded a contract as low bidder, non-resident bidders (out-of-state conuactors whose corporate offices or principal place of business are outside of the State of Texas) bid projects for construgtiou, imp~ovemellts, supplies or serviges in Texas at an amount lower than the lowest Texas reside~ bidder by the same amount that a Texas resident bidder would be required to nnrlerbid a mn-resident bidder in order to obtain a comparable contract in the state in which the non-resident's principal place of business is located. The appropriate blanks ina Section A below must be filled out by all out-of-state or non-resident bidders in erder for your bid to meet specifications, The failure of out-of-state or non-resident con. actors to do so will automatically disqualify chat bkider. Resident bidders must check the blank in Section B. A. Non-resident bidders in (give state), our principal place of business, are required to be percent lower than resident bidders by state law. A copy of the statute is attached. Non-resident bidders in (give state), our principal place of business, are not required to underbid resident bidders. B. Our principal place of business or corporate offices are in the State of Texas: x BIDDER: Texas Electric Utility Construction, Inc. COMPANy., David W. Estes, President 4613 Hwy. 1417 North Street Address Sherman, TX 75092 City and State THiS FORM MUST BE RE'rURNIilD WITH YOUR BID. P-8 ! AC_ORD CERTIFICATE OF LIABILITY INSURANCE ' - 05/15/02 McQueary Henry Bowles Trey LLP ONLY ~ND CONFE~S MO RIGHTS UPO~ THE C~RlqFICATE 12700 Park Central Drive HOCDER. THIS CE~llF~CATE DOES NOT Suite 1700 Dallas, TX 75251 / IM~JRERS A~FONOING COVE~AG E :.SU.ED I~Nsu~^:Zurich American Ins. Co. Texas Electric Utility Construction Inc 4613 Hwy 1417 N P.O. Box 2211 Sherman, TX 75091 INSUR EFI C: COVERAGES NSR POLICYEFFECTIVE ~OLICY EX~R&T[ON LTR ] TYPEOF INSURANCE FOLI~YNUMEER ] OATEiMM/DD~ OATE[MM/DD~ r LIMITS A I~.~,*~u*~,u~ CON50540054 06/30/01 06/30/02 ~*CHOCCU~C~ ~1,000,000 CO~ME~G~La~ALt~BILI~ Includes ~OA~Aa~[A.V~et~, sl00,000  CLA,.S ~AO~ OCCU~ Contractual ~o ~x~,.~ ~.~.~ s5,000 Li~ility .~SO~*L~V,~U~V '1, 000, 000 ~'La~R~ATELIMITAPPL[ESPER: SEN~aAgAGS~ArE s2,000,000 ,~ooucrs co~/o~ ~ss .2 ~ 000 ~ 000 A [*U~O.O.ILELI*alL,~ CON50540005 06/30/01 06/30/02 C o~"s"CL-Eqaipmen~ RS~263250 06/30/01~06/30/02 Sch. L~ ~3,389,653 ~aased ~ Ren~ed RS7263250 06/30/01 06/30/02 lns~./~ig. ~iab. RS~263250 06/30/01 06/30/02 D~CRI~ON OF OP ERAU O.S / LOCATIONS/V EHIC [ ~/~CLUSIOHS ADDED BY ENDORSEMENT/SPECiAL · he City oi Denton, its Oilicials, Apent;, Employees i Volantaers n~ed additional i~sured vith ~e~a:d ~o the liability policies oi ~he insored, ba[ only ~i[h ~espect ~o and to the ex~en~ DE the liabili[ies ts~ed by ~he inao~ed unde~ ~it~en (See A~[ached Desccip~ion~) CERTIFICATEHOCDER I i ADDIIiOK[4L[NSURED;INSUR~LE~TER. CAMCELLATION City of Denton, Texas 901 B Texas Street Denton, TX ACORD2S-S(7f9;~i of 3 ~M34125 ERC eACOflDCORP~RATION198~ IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does n~ confer rights to the carliticate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subiect to the terrns and conditionsoflhe policy, certain p~licies may require an endorsement. A statement 0*3 this certificate does not confer dghts to the certificate holder in lieu of such endo~'sement(s). DISCLAIMER The Certificate of Insurance en the reverse side of this form doesnot constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affk'matively or negativeJy amend, extend or a~ter the coverage afforded bythe policies listed thereon. ACOeO~s-S(?tSD2 of 3 ~M34125 Coverage is primary. Said policies shall not be cancelled, nonrenewed or materially changed without 30 days advanced written notice being given to the owner(City) except when the policy is being cancelled for nonpayment of premium in which case 10 days advance written notice is required. AMS25.3(0/tS~} 3 of 3 #M34125 Marsh USA Inc. 5/16/02 1:09: PAGE 2/2 · BightFAX SeaWe, ~ ~161-1095 COMPANIES AFFORDING COVERAGE Attn: An(ka Stubbs (206) 613-2415) ~83219-002- A LIBERTY MUTUAL INSURANCE CO INFRASTRUX GROUP~ INC. E 'TEXAS ELECTRIC UTIL[T~ CONSTRUCTION, INC ~13 HWY 1417 N PO BOX 2211 C SHERMAN, 33( 75091