Loading...
HomeMy WebLinkAbout1998-282ORDINANCE NO "ia AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF A PUBLIC WORKS CONTRACT FOR A BORE AND INSTALLATION OF 18" CASING AND CONDUIT ON UNIVERSITY DRIVE WEST OF GEESLING, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE (BID # 2263 BORE AND INSTALLATION OF 18" CASING AND CONDUIT UNIVERSITY DRIVE WEST OF GEESLING AWARDED TO DICKERSON CONSTRUCTION IN THE AMOUNT OF $16,800 00) 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 SSECTION I 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 2263 DICKERSON CONSTRUCTION $ 19,600.00 SECTION II 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 III 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 IV That upon acceptance and approval of the above competitive bids and the execution of contracts for the public works and improvements as authorized herem, 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 V That this ordinance shall become effective immediately upon its passage and approval 1 PASSED AND APPROVED this the /`l — day of G 1998 ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY 2263 BORE INSTALLATION OF I8" CASING & CONDUIT UNIVERSITY/GEESLING CONTRACT ORDINANCE ATTACHMENT #1 NAME TABULATION SHEET 2263 Bore & Installation of 18" Casing & I Dickerson I Circle C I Duval & Conduit, University West Cc Const Sons of Geesling 140' I c soDrr west of Gees/ngrelty I $19,600 001 $42,000 001 $36,988 00 CONTRACT AGREEMENT STATE OF TEXAS COUNTY OF DENTON THIS AGREEMENT, made and entered into this 15 day of SEPTEMBER A.D , 1998, by and between CITY OF DENTON of the County of DENTON and State of Texas, acting through MICHAEL W. JEZ, City Manager, thereunto duly authorized so to do, hereinafter termed "OWNER," and DICKERSON CONSTRUCTION CO. P.O. BOX 181 CELINA TX 75009 of the City of CELINA County of COLLIN and State of TEXAS, hereinafter termed "CONTRACTOR" WITNESSETH That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by OWNER, and under the conditions expressed in the bonds attached hereto, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified below BID #2263 — BORE AND INSTALLATION OF 18" CASING AND CONDUIT UNIVERSITY DRIVE WEST OF GEESLING in the amount of $19,600.00 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 attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), Instructions to Bidders, and the Performance and Payment Bonds, all attached hereto, and in accordance with the CA-1 plans, which includes all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by ENGINEERING AND TRANSPORTATION all of which are made a part hereof and collectively evidence and constitute the entire contract Independent Status It is mutually understood and agreed by and between City and Contractor that Contractor is an independent contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas, for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, worker's compensation, or any other City employee benefit City shall not have supervision and control of Contractor or any employee of Contractor, and it is expressly understood that Contractor shall perform the services hereunder according to the attached specifications at the general direction of the City Manager of the City of Denton, Texas, or his designee under this agreement Indemnification Contractor shall and does hereby agree to indemnify and hold harmless the City of Denton from any and all damages, loss, or liability of any kind whatsoever, by reason of injury to property or third persons occasioned by any error, omission or negligent act of Contractor, its officers, agents, employees, invitees, and other persons for whom it is legally liable, with regard to the performance of this Agreement, and Contractor will, at its cost and expense, defend and protect the City of Denton against any and all such claims and demands Choice of Law and Venue This agreement shall be governed by the law of the State of Texas and venue for its construction and enforcement shall lie in the courts of Denton County, Texas The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in written notice to commence work and complete all work within the time stated in the Proposal, subject to such extensions of time as are provided by the General and Special Conditions The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the Contract CA-2 IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written ATTEST APPROVED AS TO CA-3 01 bi aft k L! 0 IJ EOw )4. G, 1w(' CONTRACTOR P O F3o, 1% 1 EE1,tiA0 7-&-K,33 15004 MAILING ADDRESS 9112- 382-2/23 PHONE NUMBER 972, 381-2o43 FAX NUMBER BY TITLE Lei0%S D I &C—AJ 0�✓ PRINTED NAME (SEAL) PERFORMANCE BOND STATE OF TEXAS § BOND No. 202685 COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS That DICKERSON CONSTRUCTION, whose address is P O. BOX 181, CELINA, TX 75009, hereinafter called Principal, and _ HARTFORD FIRE INSURANCE COMPANY , a corporation organized and existing under the laws of the State of TEXAS, and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, in the penal sum of NINETEEN THOUSAND SIX HUNDRED and no/100 DOLLARS ($19,600.00) plus ten percent of the stated penal sum as an additional sum of money representing additional court expenses, attorneys' fees, and liquidated damages arising out of or connected with the below identified Contract, in lawful money of the United States, to be paid in Denton County, Texas, for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement which reduces the Contract price decrease the penal sum of this Bond THE OBLIGATION TO PAY SAME is conditioned as follows Whereas, the Principal entered into a certain Contract, identified by Ordinance Number 98-282, with the City of Denton, the Owner, dated the 15 day of SEPTEMBER A.D. 1998, a copy of which is hereto attached and made a part hereof, for BID # 2263 — BORE INSTALLATION OF 18" CASING & CONDUIT UNIVERSITY DRIVE WEST OF GEESLING NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill all of the undertakings, covenants, terms, conditions and agreements of said Contract in accordance with the Plans, Specifications and Contract Documents during the original term thereof and any extension thereof which may be granted by the Owner, with or without notice to the Surety, and during the life of any guaranty or warranty required under this Contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby waived, and, if the Principal shall repair and/or replace all defects due to faulty materials and workmanship that appear within a period of one (1) year from the date of final completion and final acceptance of the Work by the Owner, and, if the Principal shall fully indemnify and save harmless the Owner from all costs and damages which Owner may suffer by reason of failure to so perform herein and shall fully reimburse and repay Owner all outlay and expense which the Owner may incur in making good any default or deficiency, then this obligation shall be void, otherwise, it shall remain in full force and effect PROVIDED FURTHER, that if any legal action be filed upon this Bond, exclusive venue shall lie in Denton County, State of Texas AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc , accompanying the same, shall in anywise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, as amended, and any other applicable statutes of the State of Texas The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Denton County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Article 7 19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of which shall be�deemed an original, this the 15 day of SEPTEMBER 1998. ATTEST IgoRIeta) IJ I DICK ERSON CONSTRUCTION COMPANY INC. SE RETA BY PRESIDENT ATTEST SURETY RARTFQR FIRE IN URANCE COMPANY B A TORNEY- -FACT ROSALYN D. HASSELL The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is NAME P C L. Insurance Agency, Inc STREET ADDRESS 206 Elm Street, Ste 105, Lewisville, Texas 75067 (NOTE Date of Performance Bond must be date of Contract If Resident Agent is not a corporation, give a person's name ) iW PAYMENT BOND STATE OF TEXAS § BOND No. 202685 COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS That DICKERSON CONSTRUCTION, whose address is P.O. BOX 181, CELINA, TX, 75009, hereinafter called Principal, and_ HARTFORD FIRE INSURANCE COMPANY , a corporation organized and existing under the laws of the State of TEXAS, and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, and unto all persons, firms, and corporations who may furnish materials for, or perform labor upon, the building or improvements hereinafter referred to, in the penal sum of NINETEEN THOUSAND SIX HUNDRED no/100 DOLLARS ($19,600 00) in lawful money of the United States, to be paid in Denton, County, Texas, for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement which reduces the Contract price decrease the penal sum of this Bond THE OBLIGATION TO PAY SAME is conditioned as follows Whereas, the Principal entered into a certain Contract, identified by Ordinance Number 98-282, with the City of Denton, the Owner, dated the 15 day of SEPTEMBER A.D 1998, a copy of which is hereto attached and made a part hereof, for BID # 2263 — BORE INSTALLATION OF 18" CASING & CONDUIT UNIVERSITY DRIVE WEST OF GEESLING. NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties and make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying labor and/or material in the prosecution of the Work provided for in said Contract and any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby expressly waived, then this obligation shall be void, otherwise it shall remain in full force and effect PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive venue shall lie in Denton County, Texas AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc , accompanying the same, shall in anywise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, as amended, and any other applicable statutes of the State of Texas The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Denton County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Article 7 19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of which shall be deemed an original, this the 15 day of SEPTEMBER, 1998 ATTEST PRINCIPAL DICKERSON CONSTRUCTION COMPANY, INC. BY �--� SECI�ETARYBY _ PRESIDENT ATTEST SURETY - FIRE INSURANCE COMP iY BY NANCT ETY WITNESS BY ATTORNEY- -FACT ROSALYN D. SSELL The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is NAME P.C.L. Insurance Agency, Inc STREET ADDRESS 206 Elm Street, Ste 105, Lewisville, Texas 75067 (NOTE Date of Payment Bond must be date of Contract If Resident Agent is not a corporation, give a person Is name ) 2263 CONTRACT & BONDS k-=1I HARTFORD FIRE INSURANCE COMPANY Hartford, Connecticut POWER OF ATTORNEY Know all men by these Presents, That the HARTFORD FIRE INSURANCE COMPANY, a corporation duly organized under the laws of the State of Connecticut and having Its principal offfoe In the City of Hartford County of Hartford State of Connecticut does hereby make, constitute and appoint BRUCEC DeMW,, EDWARD L. MOOR$ REGVA M CARTED ROSALYND FL4SS&1 and DAVW X GROPPELL of MUMBLE, 7EW Its true and lawful Attonroy($) In Fact with full power and authority to each of sold Attomey(a)-In Fad In their separate capacity H more than on le nametl above to sign execute and eoknowledge any and ell bonds end undertakings and oher wminga obligatory in the nature t ereol on behalf d the Company In tte buelne8e ol guaremeeing the fldelhy of I»rsens holding places of public or private trust guaran Ing the performance of comrade other than Insuance policies guaranteeing the pedomhnce of Insurance contracts where surety b nde are acoepted by elates anti munidpalttlm and ezekxding or guarentming bonds entl untlerlakinge required or permitted In all a(Mo a or proceedings or by law allowed, and to bind the HARTFORD FIRE INSURANCE COMPANY thereby cue fully and to the came exlerd se H such bonds erM untlertekirps entl other wminga Obligatory in the nature ihereol were signed by en Executive Officer of the HARTFORD FIRE INSURANCE COMPANY and sealed end attested by one other of ouch Offlcere end hereby retiflas and oorlflmsr all met tta Bald Attomey(e) InFad may do in pursuance hared This power of attorney is granted by and under authority of the following provisions (1) By -Laws adopted by the Stockholders of the HARTFORD FIRE INSURANCE COMPANY at a meeting duly celled and held on the 9th day of March, 1971 ARTICLE IV SECTION 8 The President or any Yloo-PtakleK aakq with any Secretary or Asslat nt Secretary shall haw power and authority to appoint for purposes only of executing and attesting bonds and undertakings and other writings oblostory in the nature thereof one or more Resident VIM Presidsnt Resident Assistant Seashrn and Ado nsyaln Fad and at any time to remove any such Reatoent Vnwi reslnnt Resident Assistant Secretary, orAttomoydn-Fsd and revoke the power and authority given to him SECTION 11 AttomsyMn.Fad shall have power and authority subject to the tome and ImMatlons of the power of attorney issued to them to execute and deliver on behalf of the Company and to attach the goal of the Company thereto any and all bonds and undertakings and other writhes obligatory In the nature thereof and any such Instrument executed by any such Attorney IwFad shall be as binding upon the Company as If signed by an Executive Omar and noted and eWwW by we other of such Officers This power of attorney Is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Diredora of the HARTFORD FIRE INSURANCE COMPANY at a meeting duly tailed and held on the 12th day of February, 1993 Resolved that the sip ohns of such 011com and the no of the Compare may be elfl to an wen pour of ammy or to am =dllram rNWno thereto or fawlmle ay rich now of Money or oemeoae owes rich thplmlle slprebns or fewmlle Asa "I be valid and blWea upon the Compaq and ay sum pwror m Allow eeddW 01 fames eWOM aid faoehnre god anal be Vast aid bhxlhe upon the Campwry In sit fabre wan napon m any bond or Undertaking m saheb a is tedwl In Wltnem WheretN, the HARTFORD FIRE INSURANCE COMPANY has caused these presents to be signed by its Moe - President, and Its corporate seal to be hereto affixed, duly aaested by Its Secretary this let day of May 1995 C FdWwdFL a to -am 1 STATE OF CONNECTICUT awls" COUNTY OF HARTFORO I at HARTFORD FIRE INSURANCE COMPANY i/" 44VKKM44< Paul L Maraballe V1oo4Wa4dent On this tot day of May, A.D 1995, before me personally came Paul L Marebelle to me known who being by me duly mom did depose and goy that he resides In the County of Hartford, State of Connecticut that he Is the Vice-Presidem of the HARTFORD FIRE INSURANCE COMPANY, the corporation described In and which executed the above Instrument, that he knows the seal of the said corporation, that the seal affixed to the said Instrument is such corporate seal that it was se affixed by order of the Board of Directors of mid corporation and that he signed his name thereto by like order STATE OF CONNECTICUT ' COUNTY OF HARTFORD as •� Jean Macy AIN: My Commhalcn EapM Jima W 1We CERTIFICATE 1,, the undersigned Secretary of the HARTFORD FIRE INSURANCE COMPANY a Connecticut Corporation DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full torte and has not been revoked and furthermore, that the Resolutions of the Board of Directors, set forth in the Power of Attorney are now in force Signed and sealed at the City of Hartford Dated the 15TH day of SEPTEMER 19 98 new L Pot Some" Form &3607A 0) Printed In D SA ACORD CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDnY) DiGK21 09 23 98 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Elsey & Associate{s ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Surety/InsuranceAgency, Inc HOLDER THIS CERTIFICATE DOES NOT AMEND EXTEND OR 8820 Will Clayton Pkwy ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Humble TX 77338 COMPANIES AFFORDING COVERAGE Edward L Moore COMPANY A National American Insurance Phone No 281-540-15 Fez No 2 1- 40-7419 INSURED COMPANY B COMPANY Dickerson Construction Company Inc & Lewis Dickerson, Indiv C P 0 BOX 181 COMPANY Celina Tx 75009 D COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES UNITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS CO LT0. TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE(MWDD/YY) POLICY EXPIRATION DATE(MWDD/VV) LIMITS GENERAL LIABILITY GENERAL AGGREGATE $ PRODUCTS COMP/OPAGG COMMERCIAL GENERAL LIABILITY S PERSONAL S ADV INJURY CLAIMS MADE OCCUR S OWNERS& CONTRACTORS PROT EACH OCCURRENCE $ _ FIRE DAMAGE (Any one fire) $ MED EXP (Any one person) $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT E11000,000 X A ANY AUTO AU11764421 09/01/98 09/01/99 _ X BODILY INJURY ALLOWNEDAUTOS X SCHEDULED AUTOS (Per Person) BODILY INJURY X HIRED AUTOS $ X NON -OWNED AUTOS (Per-eccIdaM) - PROPERTY DAMAGE $ GARAGE LIABILITY AUTOONLV EAACCIDENT S OTHER THAN AUTO ONLY ANY AUTO EACH ACCIDENT S AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ AGGREGATE UMBRELLA FORM $ OTHER THAN UMBRELLA FORM $ WORKERS COMPENSATION AND WC BTATU OTH TORV LIMITS Eft EL EACH ACCIDENT EMPLOYERS LIABILITY S EL DISEASE POLICY LIMIT THE PROPRIETOR/ INCL S PARTNERS/EXECUTIVE OFFICERS ARE EXCL $ ELDISEASE EAEMPLOYEE OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS CITY OF DENTON ITS OFFICIALS, A?ENT3 EMPLOYEES AND VOLUNTEERS ARE 11 D CASING AND CONDUITNUNIVERSITYEDRIVE WEST OF GEESLINQ INSUTRANCETISNPRIMARY CERTIFICATE HOLDER CANCELLATION DENTON1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT CITY OF DENTION BUT FAILURE TO MAIL SUCH NOTICE WALL IMPOSE NO OBLIGATION OR LIABILITY 215 E McKinney Denton TX 76201 OF ANY KIND UPON THE COMPANY ITS AGENTS OR REPRESENTATIVES AUTHORRE P SENTA Edwa ACORD 25•S (1R5) CORD CORPORATION 1 W8 IMP. < > b C 6 L osk rRYk:B.O,, . 3 x w.. v veHW o fRu PRODUCER EMPLOYERS GENERAL INSURANCE GROUP INC lea N Crockett, suite 60o < <i u db d e .. Ztn �LRhs 4, << q rk ` DATE (MM/DDNY) 1✓w!q,R si i€ s S',iC' . r rtl. ' asj'>x r G1i 9/21/98 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Sherman TX 75090 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW COMPANIES AFFORDING COVERAGE COMPANY OLD REPUBLIC LIOYDS OF TEXAS A INSURED DICKERSON CONSTRUCTION COMPANY INC COMPANY OLD REPUBLIC INSURANCE COMPANY P 0 Box 181 B ) COMPANY Celina TX 75009 C COMPANY D THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS CO LTR 7ypE OF INSURANCE POLICY NUMBER POLICVEFFECTIVE DATE(MM)DD/YY) POLICYEXPIRATION DATE(MM/DD/Y17 LIMITS A GENERAL LIABILITY GENERAL AGGREGATE $ 2 000 000 X PRODUCTS COMP/OPAGG $ 000 000 COMMERCIAL GENEPAL LIABILITY CLAIMS MADE F_x1 OCCUR TCP 9469234+ 3/05/98 3/05/99 $ 000 000 PERSONAL B ADV INJURY X EACH OCCURRENCE OWNER S S CONTRACTOR S PROT $ 1 000 000 FIRE DAMAGE (Any one fire) _ $ 50 000 MED EXP(Any one person) _ $ 5 000 AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT $ BODILY INJURY (Per pamon) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per eccIdent) $ HIRED AUTOS NON.OWNEDAUTOS PROPERTY DAMAGE $ CUIRASS LIABILITY AUTOONLY EAACCIDENT $ OTHER THAN AUTO ONLY ANY AUTO EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ AGGREGATE $ UMBRELLA FORM $ OTHER THAN UMBRELLA FORM B WORKERS COMPENSATION AND % I STATUTORY UMITS EMPLOYERS LIABILITY WC 146352S 3/05/98 3/OS/99 EACH ACCIDENT $ Soo 000 DISEASE POLICY LIMIT $ Soo 000 THE PROPRIETOR/ INCL PARTNERS/EXECUTIVE DISEASE EACH EMPLOYEE $ Soo 000 OFFICERSARE EXCL OTHER DESCRIPTION OF OPERATIONSA.00ATIONSNEHICLES/SPECIAL ITEMS -POLICIES ENDORSED TO PROVIDE ADDITIONAL INSURED IN FAVOR OF THE CERTIFICATE HOLDER IF THERE IS A WRITTEN CONTRACT BETWEEN THE ABOVE INSURED & THE CERTIFICATE HOLDER REQUIRING THE ABOVE JOB BID# 2262 - CASING & CONDUIT INSTALLATION LOOP 288, BID #2263 - CASING & CONDUIT INSTALLATION UNIVERSITY DRIVE WEST OF GEESLING fA/� �✓s d' ay<p oc d c< (bS <a $ A �$ �( ln'! �)) o('EfR-0t «E\�iB.Nk���] J,BiY`Ri�S A.s S V�RLs SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL CITY OF DENTON _ 3L DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT 215 E MCKINNEY BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY DENTON TX 76201 OF ANY KIND UPON THE COMPANY ITS AGENTS OR REPRESENTATIVE$. AUTHORIZED REPRESENTATIVE 4N�i aGAYYJEFFERIES)REGIONAL6 pER v '� II'v <i"' d f'<Ydyd 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 ana endorsements as prescribed and provided herein. If an apparent low bidder falls 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 completes and accepted by the City of Denton, Owner, the minimum Insurance coverage as Indicated hereinafter. As soon as practicable after notification of bid award, Contractor shall file with the Purchasing Department satisfactory certificates of insurance, containing the bid number and title of the project. Contractor may, upon written request to the Purchasing Department, ask for clarification of any insurance requirements at any time; however, Contractors are strongly advised to make such requests prior to bid opening, since the insurance requirements may not be modified or waived after bid opening unless a written exception has been submitted with the bid. Contractor shall not commence any work or deliver any material until he or she receives notification that the contract has been accepted, approved, and signed by the City of Denton All insurance policies proposed or obtained in satisfaction of these requirements shall comply with the following general specifications, and shall be maintained in compliance with these general specifications throughout the duration of the Contract, or longer, if so noted: u 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. 6 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 AAM0350 REVISED 10/12/94 Cl - 1 Insurance Requirements Page 2 officials, agents, employees and volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and related investigations, cla r— 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 ana 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 provide thirty(30) days prior written notice of cancellation, non -renewal or reduction in coverage. • Should any of the required insurance be provided under a claims -made form, Contractor shall maintain such coverage continuously throughoutthe term of this contract and, without lapse, for a period of three years beyond the contract expiration, such that occurrences arising during the contrac: 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 cf 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. naaooaao REVISM Ion=4 Cl - 2 Insurance Requirements Page 3 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 maintainer In compliance with these additional specifications throughout the duration of the Contract, or longer, If so noted: [XI 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 operations, independent contractors, contractual liability covering this contract and broad form property damage coverage • Coverage B shall include personal injury. • Coverage C, medical payments, is not required If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) is used, it shall include at least. • Bodily injury and Property Damage Liability for premises, operations, products and completed operations, independent contractors and property damage resulting from explosion, collapse or underground (XCLI) exposures. • Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability. AAA00860 PEVI9Eo 10112re4 Cl - 3 Insurance Requirements Page 4 1XI Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than 1,000,000 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: 0 any auto, or • all owned, hired and non -owned autos. 1XI 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 8100,000 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 budding or construction projects, the Contractor shall comply with the provisions of Attachment 1 in accordance with §406.096 of the Texas Labor Code and rule 28TAC 110.110 of the Texas Worker's Compensation Commission (TWCC). 1 I 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 W 0380 REVISED 10112194 Cl - 4 Insurance Requirements Page 5 "occurrence" basis, and the policy shall be issued by the same insurer-= company that carries the contractor's liability insurance. Policy limits will -e at least combined bodily injury and property damage pe- occurrence with a aggregate. I I 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 requires I I Professional Liability Insurance Professional liability Insurance with limits not less than per claim with respect to negligent acts, errors or omissions in connection wrth professional services Is required under this Agreement. I I Builders' Risk Insurance Builders' Risk Insurance, on an All -Risk form for 100% of the completed value shall be provided. Such policy shall include as "Named Insured" the City of Denton and all subcontractors as their interests may appear II 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. MU1oo390 Rtviem ioll2M4 Cl - 5 Insurance Requirements Page 6 [X) Worker's Compensation Governmental Entities A. Definitions: ATTACHMENT 1 Coverage for Building or Construction Projects for 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 an the project has been completed and accepted by the governmental entity Persons providing services on the project ("subcontractor" in §406.096) - Includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This Includes, without limitation, Independent contractors, subcontractors, leasing companies, motor carriers, owner -operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any overage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. MA00330 REVISED 1011=4 Cl - 6 Insurance Requirements Page 7 C. The Contractor must provide a certificate of coverage to the governmen entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate or coverage ends during the duration of the project, the contractor must, prlcr to the and of the coverage period, file a new certificate of coverage wit" the governmental entity showing that coverage has been extended. E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the Project; and (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage Period shown on the current certificate of coverage ends during the duration of the project. F The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter G. The contractor shall notify the governmental entity in writing by certified mad or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall Poston each project site a notice, in the text, form ana 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. AAAM350 REVISm 10n=4 Cl . 7 Insurance Requirements Page a I. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, whicn. meets the statutory requirements of Texas Labor Code, Secticn 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 AAA00350 REVISED 10/12/94 Cl - a Insurance Requirements Page 9 (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. J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that Oil employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the Project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate Insurance carrier or, in the case of a self -insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. AAA00350 NEVI8ED 10/12/94 Cl - 9 PO NO BID TABULATION SHEET UPnrilten Item # I Quantity I I Total C 1• BORE & INSTALLATION-0 18" CASING- & CONDUIT UNIV.DR WEST OF GEESLING 140' L.F .F I S i9 .- TOTAL BID PRICE IN WORDS 1ld S, K 4- 4o 16 i In the event of the award of a contract to the undersigned, the undersigned will fttrnrsn a performance bond and a payment bond for the full amount of the contract, to secure prc-,,%er compliance with the terms and provisions of the contract, to insure and guarantee the work ur,-- final completion and acceptance, and to guarantee payment for all lawful claims for land: performed and materials f nished in the fulfillment of the contract. It is understood that the work proposed to be done shall be accepted, when fully completed ar.� finished in accordance with the plans and specrficanons, to the satisfaction of the Engineer. The undersigned c=ffes that the bid prices contained in this proposal have been carefu:l•, checked and are submitted as correct and final. Unit and lump -sum prices as shown for each item listed in this proposal, shall control over extensions. 0(� CONTRACTOR / BY _ �Z_ P s /3) t i*_ i Street Address Ce 1, ,n 7 City and State Seat & Authorization (If a Corporation) _9 rZ —ff 2 1$ Telephone B-1