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
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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