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2002-214FILE REFERENCE FORM [ 2002-214 Additional File Exists Additional File Contains Records Not Public, According to the Public Records Act Other FILE(S) Date Initials Change Order Nos. 1, 2 and 3 were each under the $25;000 limit and were approved by staff Change Order No. 4 - Ordinance No. 2003-212 07/15/03 ORdnANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF THE HIGHWAY 380 WATER AND SEWER RELOCATION; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 2840-HWY 380 WATER AND SEWER RELOCATION AWARDED TO TEXAS UTILITY CONSTRUCTION, INC., IN THE AMOUNT OF $1,313,483.95). 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 CONTRACTOR AMOUNT 2840 Texas Utility Construction, Inc. $1,313,483.95 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 funds 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 ~ .2002 EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY 3-O :RD~ BID 2840 H~er Relocation Z zO ~ n~ ~_ ~ w w w w o Z o x~ o~ ,,, ~ o o o ~ ~ ~ z Z Z ~ 0 0 ~ ~ Z Z Z m ..........~...........~..,.................... 0 ~ ~ CONTRACT AGREEMENT STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT, made and entered into this between City of Denton of the County of and State of Texas, acting through Michael A. Conduff hereinafter termed "OWNER," and Texas Electric Utility Construction, Inc. 4613 Hwy 1417 N Sherman, TX 75092 16th .day of Jul? .D., 2002, by and Denton thereunto duly authorized so to do, of the City of Sherman , County of Grason termed "CONTRACTOR." and State of Texas , hereinafter WlTNESSETH: 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 2840 - Highwa? 380 Water and Sewer Relocation in the amount of $1,313,483.95 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, withholding, social security taxes, vacation or sick leave benefits, worker's compensation, or any other City employee benefit. City shall not have supervision and control of Contractor or any employee of Contractor, and it is expressly understood that Contractor shall perform the services hereunder according to the attached specifications at the general direction of the City Manager of the City of Denton, Texas, or his designee under this agreement. Indemnification Contractor covenants and agrees to and does hereby indemnify, hold harmless and defend, at its own expense, Owner, its officers, servants and employees, from and against any and all claims or suits for property loss or damage and/or personal injury, including death, to any and ail 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 othenvise, to any other person or entity. Choice of Law and Venue This agrccmcnt shall be govemed 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 1~ WITNESS WHEREOF, tho patties of these presents have executed this agreement in the year and day first above written. ATTEST: ATTEST: City of Denton Texas Electric UtiliW. Construction CONTRACTOR Secretary. 4613 Hwy 1417 N. Sherman, TX 75092 MAILING ADDRESS 903-893-0949 PHONE NUMBER 903-893-3379 CITY AT~ CA- 3 Project Name Highway 380 Water and Sewer Relocation BID TABULATION SBEET Item I Descrlp~ion Quan~ty 1.21 [ Contracters Wananties and U~gs - [ ULSnit [ Unit lhtice In Word~. Seventeen Thousand Four Hundred One Dollars and .32845 Cents Unit Price In Wonts Twenty Two Dollars and.80038 Cents 2.12-A 18: Water Line I 962 Unit PI'ice In Words Twenty Five Dollars and .27137 Cents 1.12-A I10' WaterLine I 1216 Unit Price In Words Twenty Eight Dollars and .$4282 Cents Uffit Price In Won:h Thirty Two Dollars and .23190 Cents Z. 12-A 116' Wat~' Line Unit Price In Words Forty One Dollars and .00217 Cents 2. I~-A [ lB' Water Line I 394 Unit Price In Words Forty Four Dollars and .84206 Cents 2.13 16" Valves ] , Work Days 1 Bid No. 284~ P.O. Number Bid Prlee [ Torsi 17401.32845/ L$[ $17,401.33 / LF [ $ 5,563.29 [ LF ]$ 25.27137 / LF [$ 24,311.06 / I.,F [ $ 34,708.07 3324 [ LF ]532.23190 / LF I$ 107,138.84 1410 [ Lie [$41.00217 / LF I$57,813.06 [I~l$44'842~6 / LF [$ 17,667.77 I I $ 858.01310 , s* I $ 4,290.07 Unit Price In Words Eight Hundred Fifty Eight Dollars end .01310 C, ents Unit Price In Words One Thousand Thirty Dollars and .97071 Cents 1618,48596 t2' Vnive~ 5 Unit Plice In Wolds One Thousand Eighteen Dollars and .48596 Cents 2 $ 4537.24945 Unit Price In V~'erds Four Thousand Five Hundred Thirty Seven Dollars and .24945 1.13 118' Val~s ] 1 Unit ~ In Words Seven Thousand Ten Dollars and .88309 Cents Unit Price In Words One Hundred Fifteen Dollars and .85418 Cents Sewer Pipe 326 Unit Price In Words Twenty Five Dollars and .25977 Cents 8,092.43 $ 9,074.50 I s 7010.88309 / i~A I $ 7,010.88 ]EA {S115.85418 / EA[$1,737.81 $ 25.25977 I LF $ 8,234.68 P3 Project Name Highway 380 Water and Sewer Relocation B~) TABIJLATION SHEET 2.12-B ~8" San. Sewe~ Pipe, 0'-5' deep 88 Unit Price In Words Twenty Six Dollars and .41986 Cents Unit Pllce In Words Twenty Six Dollar~ and .99913 Cents Unit Price In Words Twenty Seven Dollars and 91879 C~nts Work Days 18i1 Bid No. 284~1 P.O. Number $ 26.41986 / LF [ $2,324.95 I LF I$,26'99913 / LF 15102,920'68 I LF [$27.91879 / LF ]547'517'78 10" San. Sewe~ Pipe, 5'-10' deep 628 Unit Price In Words Twenty Eight Dollars and .82047 Cents Unit Price In Words One Thousand Three Hundred Thirty Four Dollars and .10185 /.6-A-1 ]Additional DelXh (4' Dia) Manhole I Unit Price In Words Eighty Seven Dollars and .00664 Cents 7.6'A'2 Ilnstall Drop Manhole (4' Dia, ' 6' deep ) Unit Price In Words One Thousand Three Hundred Thirty Four Dollars and .10185 Cents Unit Pdce In W{a,~ds Eighty Seven Dollars and .00664 Cents Unit Pric~ In Words One Thousand Six Hundred Twenty Four Dollars and .12399 Cents 7.~;-A.2[Adil[tiCifiIlMptli~&)~fiiilih/~ [ 14 'l LF [$127.60974 ~.~ [1,786.54 Uldt Price In Word~ One Hundred Twanty Seven Dollars and .60974 Cents Unit Price In Words Four Hundred Six Dollars and .03100 Cents Manhole 4 Unit Price In Wonts Five Hundred Twenty Two Dollars and .03985 Cents Unit Prim In Words Thirteen Thousand Nine Hundred Two Dollars and .50134 Cenis Exa:avaflon Prote~ic~a 13077 $1.16009 Unit Price In Word~ One Dollar and.16009 Cents $ 4°6.°31°° /EAI$ 4°6'°3 $522'03985 I EA $2,088.16 $ 3902.50 34, $ 3.902.50 15,170.48 ILl: $ P4 ................... a~ ~ ~ T~ULA~O~ S~ET Two Hun&cd Tw~nW S~ Doll.s ~d .21727 Cents Two H~d S~ 8~ D~U~s ~d .82037 W~ Two Hurled S~ N~e DoU~ ~d .14055 Cen~ W~ ~e g=&ed ~ One Uoll~s ~d .78533 Cen~ WO~ T~ee Hunted S~ Five Doll~s ~d .42790 C~n~ W~F°~ H~&ed One Doll~ ~d .39064 Cen~ Wods On~ H~dr~dd Doll.s ~d .03444 C~n~ W~ One Doll~ ~d .78499 W~Tw° D°!1~' =d .71306 Cen~ W~Five Dollms ~d ,50887 Cents P5 Project Name Highway 380 Water and Sewer Relocation BI]) TABULATION SHEET Item1, Descrl tion p ]Quantity i.4 Con~'ete Encesement 20 Unit Price In WordsNinety Eight Dollars-and .60753 Cents ,.14 drant ] 14 Unit Price In Wot'ds Two Thousand One Hundred Seventy One Dollars and .99128 Cents 2 $1715.06333 / Unit Price In WordsOne Thousand Seven Hundred Fii'/ean Dollars and .06333 Cents Water Sa'vice (Private) 53 Unit Price In Words Four HundrM Sixty Seven Dollars and .33394 Cents ervice - TWU 3"meter 8: vault 1 Unit Price In Words Six Thousand Three Hundred Seventy Eight Dollars and .94031 Cents 47 $401.88948 Unit Price In Words Four Hundred One Dollars and .88948 U~fit Price In Wools Twenty Three Dollars and .230177 Unit Price In WordsFive Dollars and .80044 Cents ]R~moval of Con. ~idswalk~ and Drive~a~a~ [ Unit Price In WordsTM Dollars and .80044 Cents Work Days Bid No. 284C P.O. Number $3,430.I3 /. F.,A $24,768.70 / EA $6,378.94 / EA $18,888.81 144 I LF ]$23.230177 / LF [$3,341.06' Unit Prk:~ In WordsThirty Eight Dollars ~ud .28292 Cents Unit Price In WonisThirty Four Dollars and .80266 Cents 8.3A [Install Con~te~ Sidswalk with Rehff. Stol Unit Pr~e In WordsThiay Two Dollars and ,48248 Cents Unit ~ In WordsSeventy Five Dollars and .40576 Cents 629 ] SY ]$5'80044 662 ] SY ]$5'80044 629 $38.28292 453 $ 34.80266 209 [ SY [$32'48248 270 ITON' Is75.4°576 SY [ $3648.48 SY [ $3,839.89 $24,079.96 15,765.60 TON] $20,359.55 P6 ~roJect Nam· Highway 380 Water and Sewer Relocation Item I Deserlption ]Com~ Saw C~ Ua/t 1~ic~ In Wo~ One Do11~ ~d .04408 Ean~ U~ ~ ~ W~ One DoE~ ~d.10208 Cen~ WorkDays Bid No. 284{: P.O. Number I !,935.72 I 7~?s I z~ 'l $z.10208 / ~ 1,8,461.80 Unit Price Ia Wools Five Dollars and .80044 Cents Unit I~ In Wot'~ Thlrtson Dollars and .92106 Csnts Unit Price Ia Words Th~een Thousand Nine Hundred Twenty One Dollars and .06276 Cents 50 $23.17084 U'nlt Price Ia WO~s Twenty Three Dollars and.17084 Cents 2 U~t Price In Wozds Four Thousand Three Hundred Ninty Three Dollars and .25539 Cents Line 22 Uait Pltce In WorflsF°ur Hundred Sixty Three Dollars and .57139 Cents 3 l. Init Price In Words Two Hundred Sixty One Dollars and .01993 Cants I LB, I $13921'062761 LS $13,921.06 ICY / HA. ~ 8,786.51 / F.A $10,198.57 $261.01993 / ~A. $783.06 $ TOTAL $1,313.483.9 Bid in Words One Million Three Hundred Thirteen Thousand Four Hundred Eighty Three Dollars and .95 Cents P7 BID SUMMARY TOTAL BASE BID PRICE IN WORDS One Million Three Hundred Thirteen Thousand Four Hundred Eighty Three Dollars and .95 Cents In ~e event of the award of a contr~t to tl~ uudersi/c~l, ~ undersigned will finnish a peffurn~nce bond ~xl a paymeut bond for the full amount of ~e coup;act, ~o s~cure claims f~ lalm~ peffon'n~l md n~.er~s furn~h~l ~n the ~t~ of It is unde~-~iood u'm the work proposed to be done sl~ be accept, whm fully compleed ~ J~ni~hed ill ~.~olrlm~e with ~ pJ~m~ ~ ~Cifl~J~m, ~o t~ ~"/CtiO~l of ~ Bl/ineer. The unders~x~ certifies that d~e bid prices contained ~u this proposal have bc,m cat~uHy checked and a~e submitted as cor~ct .~ finat. U~it ~ lump, sum prices as shown for each i~em listed in this proposal, shall comml over ex~msion~ P-8 Tex~s Electric Utility Construction, Inc. .. David W. Estcs, President 4613 Hwy 1417N. Sherman, TX 75092 ~ & Aa~ni,T. a6C~903_893.0949 PERFORMANCE BOND Bond No. 6174668 STATE OF TEXAS COUNTY OF DENTON § KNOW ALL MEN BY TI-IBSB PRESBNTS: That Texas Electric Utility Cpnstmction, h~c. whose address is 4613 Hwy 1417 N.,.Sherman, TX 75092 hereinafter called Principal, and safeco Insurance Co~pan¥ of k, nerica , a corporation orgarfized and existing under th.e laws of thc State of Washington , and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound ullto the City of Denton, a municipal corporation organized and existing under the laws of the State ofTcxas, hereinalter called Owner, fl~. the penal sum of One Million, Three Hundred Thirteen Thousan& Four Hundrexl & Eighty T~¢c DOLLARS and Ninety-Five Cents ($1,313,483.95 .) plus ten percent of the stated penal sum as an additional sum of money representing additional court expenses, attorneys' fees, md 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 wall and truly to be made, we hereby bind ourselves, our heirs, executors, admin(strators, successors, Bud assigns, jointly BUd severally, firmly by these presents. This Bond shall automatically be increased by thc amount of any Change Order or Supplemenlal Agreement, which incrc~es the Contract price, but reno event shall a Change Order or Supplemental Agreement, which reduces the Contract price, decrease the penal sum oft[ds Bond. THE OBLIGATION TO PAY SA.MB is conditioned as follows: Whereas, the Principal entered into a certain Contract, identified by Ordinance Number 2002-214, with tt~e City of Denton, the Owner, dated the 16th day of ~ul¥ A.D. 2002 ., a copy of which is hereto attached end made a part hereof, for Bid 284~ - Highway 380 Water and Sewer Relocation NOW, THEREFORE, if the Principal shall well,, truly and faithfully perform and fulfill all of the undertakings, covenants, terms, conditions and agreements of said Contract in accordance with the Plans, Specifications and Contract Documents during the original term thereof and any extension thereof which may be granted by the Owner, with or without notice to the Surety, and during the life of any guaranty or warranty required under this Contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any and ali duly author/zed 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 mater/als 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 indem.uify and save harmless the Owner from all costs and damages ~vhich 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 Bond Bo. 6174668 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 sa~d 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 on this Bond, and it does hereby waive notice of any such change, extension ofthne, 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 i.s 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 Cotmty to whom any requisite notices may be delivered and on whom service of process may be had in matters arisbag out cf such suretyslfip, as provided by Article 7.19- 1 of the Insurance Code, Vemon's Annotated Civil Statutes of the State of Texas. 'C IN WITNESS Wlaq3KEOF, this instrument is executed in t, copies, each one of wbl h. shall be deemed an original, this thc ~3rd day of auIv , too2 .. ATTEST: ATTEST: Heidi Bockus, .A~torney-in-Fact Office The Resident ~ of thc Surety in Denton County, Texas for delivery of notice and service of the process is: *** N/~v~}~: safeco Insurance C~panv of A~erica STREET ADD.PdZSS: 16oo N. Collins Blvd.. Richardson. IX 75080 ~-~Please send like notice immediately to: Safeco Insurance Company of /haerica, Safeco Plaza, Seattle, WA 98185 , . . (NOTE: Date of performance Bond must be date o£Contract. IfKesident Agent ts not a corporatmn, g~ve a person's name.) PB - 2 S A F E C O' POWER poSA~=ECO'nsuranceCompanYaox 34526 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; IGRISTA M. STROMBERG; KATHIE L. WIEGERS; TEVY LOR; THOMAS J, JOCHUMS; JAY A. MILEY; SUZANNE HOLDEN; its true and lawful attoreey(s)-In-fact, with full authedty 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 MCGAVlCK, 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 appropdata titles with authodty to execute on behalf 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 evidendng 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 thereof, may be impressed or affixed 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 Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any cer'dflcate 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 appct ntment, executed pursuant thereta, and (iii) Certifying that said power-of-attorney appointment is in full force 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, are true and con'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 23t~1 day of July 2002 SEAL SEAL R.A. PIERSON, SECRETARY S-5974/SAEF 2/01 ® A registered trademark of SAFECO Corporation 1115/01 PDF All-'Purpose Certificate of Acknowled~lment State of Washington County of King On July 23, 2002 DATE personally appeared [] personally known to me - OR .: :°.~OTAO/,%t. ~_ :-_' : --m.-- . ;~,-,,: ...... before me, Suzanne E. Holden NAME OF NOTARY PUBLIC Krista M. Stromberg and Heidi Bockus NAME(S) OF SIGNER(S) [] 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. Lmy 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 Bond Number of Pages Two (2) Date of Document July 23, 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 Document7 PAYMENTBOND Bond No. 617~668 STATE OF TEXAS COUNTY OF DBNTON § KNOW ALL MEN BY THESE PRESENTS: That Texas Electric Utility Construction, Inc., whose address is 4613 H~w 1417 N., Sherman. TX 75Q92, hereina/ter 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 m~.der the la~vs of the State of Texas, hereinafter called Owner, and unto all persons, firms, and corporations who may furnish materiais for, or perform labor upon, the building or /raprovements hereinafter referred to, in the penal sum of One Million, Three Hundred Thirteen Thousand, Four Hundred & Eighty Three DOLLARS and Ninety-Five Cents ($1.313,483.95 ) in lawful, money of the Un/ted States, lo be paid in Denton, County, Texas, for the payment of which sum well and truly to be made, we hereby bind ourselves, our he/rs, executor, administrators, successors, and assigns, jointly and severally, fmuly by these presents. This Bond shail automatically be increased by the amount of any Change Order or Supplementai Agreement which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement which reduces the Con.act price decrease th.e penal sum of this Bond. THE OBLIGATION TO PAY SAMB is conditioned as follo~vs: Whereas, the .Principal entered into a certain Contract, identified by Ordinance Number 2002-214, w/th the City of Denton, the Owner, dated the 16~. day of July A.D. 2002 , a enpy of which is hereto attached,and made a part hereof, for Bid 2840 - Highway 3g0 Water and Sewer Relocation NOW, THEREFORE, if the Principal shail well, truly and faithfully perform its duties and make prompt payment to ail persons, firms, subcontractors, enrporations and claimants supplying labor and/or material in the prosecution of the Work provided for in said Contract and any and all duly authorized modifications of said Contract that may hereafter be madc, 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., accompan3dng the same, shall in anywise affect its obligation on this Bond, and it does hereby waive ~otice of any such chmge, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to tho Plans, Specifications, Drawings, etc. PB - 3 Bond No. 617~668 This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Coda, as amended, and any other applicable statutes o£the State of Texas. The undersigned and d~ignated agent is hereby designated by the Surety herein as the Resident .&gent in Denton County to whom any requisite notices may be delivered and on whom service of process may be had in matters ar/sing oul of such surety, as provided by Article 7.19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State o£Texas. IN WITNESS WHEREOF, this i~$trumcnt is executed ia ~ shall be deemed an original, this the 23rd day of Jul)r , 2002 ATTEST: PRINCIPAL copies, each one of which BY: SBC,~RBT~~ ATTEST: Heidi lloclms, Attorney-in-Fact BY: co% PRBSIDBNT : co: O~b 24 i~: SURETY Safeco Insurance Company of ~erica ~TTORNEY-IN-FAC~-' /~ .. Office Thc R~side~t ~ of the Surety in Denton CountT~ Texas for delivery of notice and service of the process i~: ~* NAME: Safeco Insurance Come,any of America STREET ADDRBSS: 1600 N. Collins Blvd., ~chardson, ~X . 75080 ***Please send llke notice immediately to: Safeco Insurance Company of America, Safeco Plaza, Seattle, WA 98185 (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 A F E C O' POWER poSAFECOt"surar'c"C°nv'a"YE~ox 34529 OF ATTORNEY s,,,:,.I.. 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; TEVY LOR; THOMAS J. JOCHUMS; JAY A. MILEY; SUZANNE HOLDEN; Its true and lawful attomey(s)-In-fact, wilh 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 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 Pres[dent appointed for that purpose by the officer in charge of surety oporetions, shall each have authority to appoint individuals as attorneys-in-fact or under olher apprepdate titles with authedty to execote on behalf 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 sea[, or a facsimile thereof, may bo impressed or affixed 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 Board of D[rectars 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-attorney appointment, executed pursuant thereto, and (ii[) Certifying that said power-of-attorney appointment is in full fome 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 Attomey issued pursuant thereto, are true and correct, 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 23rd day or July 2002 SEAL SEAl R.A. PIERSON, SECRETARY S-0974/SAEF 2/01 ® A regislered trademark of SAFECO Corporation 1115/01 PDF Ali-Purpose Certificate of Acknowled~lment State of Washington County of King On July 23, 2002 DATE before me, Suzanne E. Holden NAME OF NOTARY PUBLIC personally appeared Krista M. Stromberg and Heidi Bockus 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. J --SIGNATURE OF I~01"ARY 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: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(lES) DESCRIPTION OF ATTACHED DOCUMENT(S) Type of Document Payment Bond Number of Pages Two (2) Date of Document July 23, 2002 Signer(s) Other Than Named Above Texas Electric Utility Construction, Inc. Safeco Insurance Company of America Document7 SEA-~053835t Mer~ USA, Inc. No ~mHTa UPON ~E ~F~ ~OER t 215 ~ Avenue, Suite ~ ROLI~, ~m ~R~]~ DOES NOT ~END, EX~ND OR ~R ~E ~RAOE S~e, WA 98161-10~ ~FOROEO ~ ~[ ROU~S DEStinO HEREIN. A~: Anna S~bbs (2~ 613-241 ~ ~OMPANIE~ AFFORDING COVERAGE Z~21~- A LIBER~ MURAL INSU~NCE CO INF~STRUX GROUP, INC. ~ ELEC~IC U~U~ CONSTRUCTION, INC ~13 H~. 14t7 N. P.O. BOX ~11 C SHERMAN, ~ 75~t FIRE D~AGE (~y ~TOa~LE L~IUW ~S1~1~42~t2 36~02 01/011~ STOP GAP INCLUDED ~L ~ A~D~T ~["a" AS1~1~42~12 06~02 01/01/~ Comp - ~00/$1,~0 X~ Heaw ~to ~y~ Damage Coil -$1 ,~15t,~0 X~a Heav Evi~n~ of W~s' Compenmfl~ Covem~. ~N~ of Subr~fi~ ~n favor of the Ci~ of Dints, i~ offi~al& a~nt& employes and v~unt~m ~ ~y wo~ pe~ ~ ~e Ci~ by ~e N~ In~r~. ~ad paJ~ ~all n~ be mnmll~ nonrm~ or m~i~ly ~g~ ~t 30 ~ys a~ ~en ne~ bang given to ~e O~ (Ci~) exit poliw is being ~led f~ nm paym~t of premium in ~i~ m~ tO days a~n~ n~ is r~uired. 90~ ~ T~as CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Bidder's attention is directed to the insurance requirements below. It is highly recommended that bidders confer with their respective insurance carriers or brokers to determine in advance of Bid submission the availability of insurance certificates and endorsements as prescribed and provided herein. If an apparent low bidder fails to comply strictly with the insurance requirements, that bidder may be disqualified from award of the contract. Upon bid award, all insurance requirements shall become contractual obligations, which the successful bidder shall have a duty to maintain throughout the course of this contract. STANDARD PROVISIONS: Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted work has been completed and accepted by the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter. As soon as practicable after notification of bid award, Contractor shall file with the Purchasing Department satisfactory certificates of insurance, containing the bid number and title of the project. Contractor may, upon written request to the Purchasing Department, ask for clarification of any insurance requirements at any time; however, Contractors are strongly advised to make such requests prior to bid opening, since the insurance requirements may not be modified or waived after bid opening unless a written exception has been submitted with the bid. Contractor shall not commence any work or deliver any material until he or she receives notification that the contract has been accepted, approved, and signed by the City of Denton. Ail 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 IS BEING CANCELLED FOR NONPAYi~ENT 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 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 maintain[d 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 maintained by the Contractor. The policy shall be written on an occurrence basis either in a single policy or in a combination of underlying and umbrella or excess policies. If the Commercial General Liability form (ISO Form CG 0001 current edition) is used: Coverage A shall include premises, operations, products, and completed oper~ttions, 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 expinsinn, collapse or underground (XCU) exposures. [Xl Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability. Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability 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 building or construction projects, the Contractor shall comply with the provisions of Attachment 1 in accordance with {}406.096 of the Texas Labor Code and rule 28TAC 110.110 of the Texas Worker's Compensation Commission (TWCC). Owner's and Contractor's Protective Liability Insurance The Contractor shall obtain, pay for and maintain at all times during the prosecution of the work under this contract, an Owner's and Contractor's Protective Liability insurance policy naming the City as insured for property damage and bodily injury which may arise in the prosecution of the work or Contractor's operations under this contract. Coverage shall be on an "occurrence" basis, and the policy shall be issued by the same insurance company that carries the Contractor's liability insurance. 'Policy limits will be at least combined bodily injury and property damage per occurrence with a aggregate. Fire Damage Legal Liability Insurance Coverage is required if Broad form General Liability is not provided or is unavailable to the contractor or if a contractor leases or rents a portion of a City building. Limits of not less than each occurrence are required. [] Professional Liability Insurance Professional liability insurance with limits not less than per claim with respect to negligent acts, errors or omissions in connection with professional services is required under this Agreement. [] Builders' Risk Insurance Builders' Risk Insurance, on an All-Risk form for 100% of the completed value shall be provided. Such policy shall include as '2qamed 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. ATTACHMENT 1 ix] Worker's Compensation Coverage for Building or Construction Projects for Governmental Entities A. Definitions: Certificate of coverage ("certificate")-A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, Twcc-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in §406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. 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 from 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 from the governmental entity. Bid #2840 - Highway 380 Water and Sewer Relocation