Loading...
HomeMy WebLinkAbout1999-060ORDINANCE NO Q2--Olv0 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF THE MAYHILL ROAD 12" WATERLINE, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE (BID #2325 — MAYHILL 12" WATERLINE AWARDED TO DICKERSON CONSTRUCTION Co, INC IN THE AMOUNT OF $106,059 50) 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 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 CONTRACTOR AMOUNT 2325 DICKERSON CONSTRUCTION CO, INC $106,059 50 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 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 V That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the422L day of %iA4&wJ ,1999 ATTEST JENNIFER WALTERS, CITY SECRETARY BY fll� APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY 2325 - MAYHILL 12" WATERLINE CONTRACTUAL ORDINANCE ATTACHMENT #1 TABULATION SHEET BID # 2325 Date 1-7-99 BID NAME Mayhlll 12" Waterline Dickerson Construction $106 059 50 1 2 North Texas Contracting $108 753 10 3 H & W Utility Construction $109,331 06 4 Aledo Construction $116,806 53 5 R A Development Inc $117 367 66 6 Mastec $130 850 00 7 Bowies Construction $135,110 50 8 Gra-Tex Utilities $137 279 13 9 LaDelta Excavating $149 859 00 10 Radich Construction $161 284 65 11 Ja oe Public $180 604 00 12 DBR Construction $208 431 60 ATTACMEfM #2 C I P W AT E R MAYHILL 12" WATERLINE WW1 Jk, I W E INSTALL 12" WATERLINE - 3148 FEET S EXHIBIT 11 CONTRACT AGREEMENT STATE OF TEXAS COUNTY OF DENTON M11 THIS AGREEMENT, made and entered into this 2 day of MARCH A.D., 1999, by and between CITY OF DENTON of the County of DENTON and State of Texas, acting through MICHAEL W. JEZ, City Manager, [hereunto duly authorized so to do, hereinafter termed "OWNER," and DICKERSON CONSTRUCTION CO., INC 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 # 2325- MAYHILL WATERLINE in the amount of $ 106,059.50 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 CA-1 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 DEPARTMENT 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 44" APPROVED AS TO CA-3 M CONTRACTOR CF-A• A, 7t-gAs lSoo4 MAILING ADDRESS 992- 3 8 z• Zr23 PHONE NUMBER 9-72- 3BZ $097 FAX NUMBER BY I Lew1S b#t'kku.,j PRINTED NAME (SEAL) 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 Demon, Owner, the minimum insurance coverage as indicated hereinafter As soon as practicable after notification of bid award, Contractor shall file with the Purchasing Department satisfactory certificates of insurance, containing the bid number and title of the project Contractor may, upon written request to the Purchasing Department, ask for clarification of any insurance requirements at any time, however, Contractors are strongly advised to make such requests prior to bid opening, since the insurance requirements may not be modified or waived after bid opening unless a written exception has been submitted with the bid Contractor shall not commence any work or deliver any material until he or she receives notification that the contract has been accepted, approved, and signed by the City of Denton All insurance policies proposed or obtained in satisfaction of these requirements shall comply with the following general specifications, and shall be maintained in compliance with these general specifications throughout the duration of the Contract, or longer, if so noted Each policy shall be issued by a company authorized to do business in the State of Texas with an A M Best Company rating of at least A Any deductibles or self -insured retentions shall be declared in the bid proposal If requested by the City, the insurer shall reduce or eliminate such deductibles or self -insured retentions with respect to the City, its officials, agents, employees and volunteers, or, the contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses Liability policies shall be endorsed to provide the following •• Name as additional insured the City of Denton, its Officials, Agents, Employees and volunteers •• That such insurance is primary to any other insurance available to the additional insured with respect to claims covered under the policy and that this insurance applies separately to each insured against whom claim is made or suit is brought The inclusion of more than one insured shall not operate to increase the insurer's limit of liability • All policies shall be endorsed to 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 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 trade after expiration of the contract shall be covered • Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit providing for claims investigation or legal defense costs to be included in the general annual aggregate limit, the Contractor shall either double the occurrence limits or obtain Owners and Contractors Protective Liability Insurance • Should any required insurance lapse during the contract term, requests for payments originating after such lapse shall not be processed until the City receives satisfactory evidence of reinstated coverage as required by this contract, effective as of the lapse date If insurance is not reinstated, City may, at its sole option, terminate this agreement effective on the date of the lapse SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS All insurance policies proposed or obtained in satisfaction of this Contract shall additionally comply with the following marked specifications, and shall be maintained in compliance with these additional specifications throughout the duration of the Contract, or longer, if so noted [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 (XCU) exposures Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability [X] Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than 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 any auto, or all owned, hired and non -owned autos [X] Workers Compensation Insurance Contractor shall purchase and maintain Worker's Compensation insurance which, in addition to meeting the minimum statutory requirements for issuance of such insurance, has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 policy limit for occupational disease The City need not be named as an "Additional Insured" but the insurer shall agree to waive all rights of subrogation against the City, its officials, agents, employees and volunteers for any work performed for the City by the Named Insured For building or construction projects, the Contractor shall comply with the provisions of Attachment 1 in accordance with §406 096 of the Texas Labor Code and rule 28TAC 110 110 of the Texas Worker's Compensation Commission (TWCC) [ ] Owner's and Contractor's Protective Liability Insurance The Contractor shall obtain, pay for and maintain at all tunes 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 onussions in connection with professional services is required under this Agreement [ ] Builders' Risk Insurance Builders' Risk Insurance, on an All -Risk form for 100% of the completed value shall be provided Such policy shall include as "Named Insured" the City of Denton and all subcontractors as their interests may appear [ ] Additional Insurance Other insurance may be required on an individual basis for extra hazardous contracts and specific service agreements If such additional insurance is required for a specific contract, that requirement will be described in the "Specific Conditions" of the contract specifications ATTACHMENT 1 (x] Worker's Compensation Coverage for Building or Construction Projects for Governmental Entitles 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 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 01 1(44) for all employees of the Contractor providing services on the project, for the duration of the project C The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract D 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 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 post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage The contractor shall contractually require each person with whom it contracts to provide services on a project, to (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401 01 1(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 pf 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 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 J 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 TOTAL BID PRICE IN WORDS Dw F f1J, Adk1l S.1c _10.s/wrj � ja- M. r I .ol.. '059. r. In the event of the award of a contract to the undersigned, the undersigned will furnish a performance bond and a payment bond for the full amount of the contract, to secure proper compliance with the terms and provisions of the contract, to insure and guarantee the work until final completion and acceptance, and to guarantee payment for all lawful claims for labor performed and materials furnished in the fulfillment of the contract. It is understood that the work proposed to be done shall be accepted, when fully. completed and finished in accordance with the plans and specifications, to the satisfaction of the Engineer. The undersigned certifies that the bid prices contained in this proposal have been carefully 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. CONTRACTOR BY Lew.S p;cickw�a,., P.0 60 V. 1Z I Street Address CG"j: A.A 7-2iAA WW City and 'State Seal a Authorization (If a Corporation) Q7Z_38t 71IL1 Telephone B - 1 Mayhill Waterline BID TABULATION SHEET Work Days Bid No 2325 PO No 11/30/98 P 3 MayhM Waterline BID TABULATION SHEET Work Days 25_ Bid No 2325 PO No Item IDescri don Quantity Unit Unit Price Total 8 1 Barricades, Wanung Signs and Detours Unit Pnce In Words 8 14 Miscellaneous Fence - LS $ 2s. - /LS ] $ 2 so - 11/3/98 P 4 I M P O R T A N T N O T I C E - - - - - - - - - - - - - - - TO OBTAIN INFORMATION OR MAKE A COMPLAINT, YOU MAY CONTACT THE TEXAS DEPARTMENT OF INSURANCE TO OBTAIN INFORMATION ON COMPANIES, COVERAGES, RIGHTS OR COMPLAINTS AT 1-800-252-3439 YOU MAY WRITE THE TEXAS DEPARTMENT OF INSURANCE P 0 BOX 149104 AUSTIN, TEXAS 78714-9104 FAX # (512) 475-1771 PREMIUM OR CLAIM DISPUTES SHOULD YOU HAVE A DISPUTE CONCERNING YOUR PREMIUM OR ABOUT A CLAIM YOU SHOULD CONTACT THE AGENT OR COMPANY FIRST IF THE DISPUTE IS NOT RESOLVED, YOU MAY CONTACT THE TEXAS DEPARTMENT OF INSURANCE ATTACH THIS NOTICE TO YOUR POLICY THIS NOTICE IS FOR INFORMATION ONLY AND DOES NOT BECOME A PART OR CONDITION OF THE ATTACHED DOCUMENT PERFORMANCE BOND STATE OF TEXAS § BOND NO 61BCSAA1822 COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS That DICKERSON CONSTRUCTION CO , INC., 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 ONE HUNDRED SIX THOUSAND AND FIFTY NINE and no/50 DOLLARS ($106,059 50) 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 99-060, with the City of Denton, the Owner, dated the 2 day of MARCH A D 1999, a copy of which is hereto attached and made a part hereof, for BID # 2325 — MAYHILL 12" WATERLINE 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 PB - 1 PROVIDED FURTHER, that if any legal action be filed upon this Bond, exclusive venue shall lie in Denton County, State of Texas AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of tune, 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 whigh shall be deemed an original, this the 2 day of MARCH 1999. ATTEST 1ltOj E34X WITNESS NP i_.w PRINCIPAL DICKERSON CONSTRUCTION COMPANY INC BY AESE� SURETY HARTFORD RE INSURANCE OMPANY BY Id M�' ATT NEY-IN-FACT REGINA M CARTER 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 ) PB-2 PAYMENT BOND STATE OF TEXAS § BOND NO 61BCSAA1822 COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS That DICKERSON CONSTRUCTION, CO , INC , 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 ONE HUNDRED SIX THOUSAND AND FIFTY NINE and no/50 DOLLARS ($106,059.50) 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 99-060, with the City of Denton, the Owner, dated the 2 day of MARCH A.D 1999, a copy of which is hereto attached and made a part hereof, for BID # 2325 — MAYHILL 12" WATERLINE. 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 PB-3 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 2 day of MARCH 1999 ATTEST %AffkZ Y WITNESS PRINCIPAL DICKERSON CONSTRUCTION COMPANY, INC BY PRESIDENT SURETY 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 !f Resident Agent is not a corporation, give a person's name ) 2325 CONTRACT & BONDS & INSURANCE IU:�! HARTFORD FIRE INSURANCE COMPANY Hartford, Connecticut POWER OF ATTORNEY Know all men by theme Presents, That the HARTFORD FIRE INSURANCE COMPANY a corporation duly organized under the laws of the State of Connecticut and having fis principal office in the City of Hartford County of Hartford State of Connecticut does hereby make constitute and appoint BRUCEC DeHARr, EDWARDL MOORS, REGUVAM CAR7EF, ROSALYND IiASSELL and DAVW X GROPPBLL of HUMBLE, TEXAS Its true and lawful Atomey(s) In Fact with full power and authority to each of sold Attomey(s) In Fact in their separate capacity If more than one Is named above, to sign execute and acknowledge any and all bonds and undertakings and other writings obligatory in the nature thereof on behalf of the Company In as business of guaranteeing the fidelity of persons holding pieces of public or private trust guaranteeing the performance of contracts other than Insurance policies guaranteeing the performance of Insurance contracts where surety bonds are accepted by states and municipalities, and executing or guaranteeing bonds and undertakings required or permitted in ell actions or proceedings or by law allowed, and to bind the HARTFORD FIRE INSURANCE COMPANY thereby as fully and to the same extent as If such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the HARTFORD FIRE INSURANCE COMPANY and sealed and attested by one other of such OPoaars and hereby ratifies and confirms all that Its said Attomey(s)-in Fact may do In pursuance hereof 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 called and held an the 9th day of March, 1971 ARTICLE IV SECTION 8 The President or any Vke•Presklent, soling wall any Secretary or Assistant Secretary shall have power and authority to appolm, for purposes only of executing and examine bonds and undertakings and other wmings obligatory in the nature thereof one or mom Resident Vie Plas tic" Resident Assistant eeaaades and Aftomrys•I�Fsct and at any time to remove any such Resident Vlos-Preaklent Resident Assistant Secretary' orAtiomy-In-Fact and ryreke the power antl authoritygiven Whim SECTION 11 Attorneys -In -Fact shall have power and authority subject to the terms and limitations of the power of adomey Issued to them to execute and deliver on behalf of the Company and to attach the seal of the Company thereto any and all bonds and undertakings and other writings obligatory In the nature thereof and any such Instrument emouted by any such Aaomey-In-Fact shall be as binding upon the Company as lf signed by an Executive Officer and sealed and attested by one other of wall 011kere This power of attorney Is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Directors of the HARTFORD FIRE INSURANCE COMPANY at a meeting duly celled and held on the 12th day of February 1993 Festiva! Men the Wabas of such OAlows and the sal of the Company may be ~ to are such Pamir a aomay or to any wescae misting dwma, by Mpimile and any wch paver Of aanmy Or COMMM beedng ash Malale sic aM a fawmis ma ehO be valid anal blmlm upon cup cmreay ant any ouch poem w eaomd and ow mal by famkrae aarmafa and MaImIM eel ems be Wm ant bM/Mp upon ern Congay In ern Mum with rupee M any sane or undertaking M ~ ti M attached In Wlti eas Whereof, the HARTFORD FIRE INSURANCE COMPANY has caused these presents to be signed by he Vice - President and Its corporate seal to be hereto affixed, duly attested by Its Secretary this 1 at day of May 1995 AUSL HARTFORD FIRE INSURANCE COMPANY passededd►FL Hermaman AP ✓�,5�� SaMefery / STATE OF CONNECTICUT 40 Paul L Metabolite COUNTY OF HARTFORD I Woe-Prealdent On this in day of May, A D 1998 before me personally came Paul L Mambelle to me known who being by me duly swom did depose and they � that he resides In the County of Hartford, State of Connecticut that he is the Vice -President 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 so affixed by order of the Board of Directors of aid corporation and that he signed his name thereto by like order STATE OF CONNECTICUT I �" COUNTY OF HARTFORD w •uMeJ a JNoury, Pass, Wass` sty Co-maskmillimin,a Jum se lean CERTIFICATE I, the undersigned, Secretary of the HARTFORD FIRE INSURANCE COMPANY a Connecticut Corporation DO HEREBY CERTIFI that the foregoing and attached POWER OF ATTORNEY remains in full force 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 2ND day of MARCH 19 99 Form S,3507-9 (Ire) Printed M U,SA AG D CERTIFICATE OF LIABILITY INSURANCEPID NS DATE(MWDDYY) -OR DCKE21 03/10/99 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Elsey & Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Surety/Insurance Agency, 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 281-540-1555 FaXNo 281-540-7419 INSURED COMPANY B COMPANY Dickerson Construction Company Inc & Lewis Dickerson, Indiv C COMPANY P O BOX 181 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 LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS Go TR TYPE OF INSURANCE POLICY NUMBER POLICYEFFECTIVE I POLICY EXPIRATION DATE(MMI i DATE(MWDDIVV) LIMITS GENERAL LIABILITY GENERALAGGREGATE $ PRODUCTS COMP/OPAGG $ COMMERCIAL GENERAL LIABILITY PERSONAL$AOV INJURY $ CLAIMSMADE J OCCUR EACH OCCURRENCE $ OWNERS B CONTRACTORS PROT FIRE DAMAGE (My one Gre) E __ J MED EXP (Any one person) E A AUTOMOBILE X LIABILITY MY AUTO AU11764421 09/01/98 09/01/99 COMBINED SINGLE LIMIT $ 1,000,000 BODILY INJURY (Per person) It ALL OWNED AUTOS HIRED AUTOS BODILY $ X NON OWNED AUTOS accident) (Par accident) (Per — -- PROPERTY DAMAGE I$ GARAGE LIABILITY AUTOONLY EAACCIDENT $ OTHER THAN AUTO ONLY I ANY AUTO EACHACCIDENT I $ $ AGGREGATE EXCESS LIABILITY EACH OCCURRENCE $ AGGREGATE $ UMBRELLA FORM $ OTHER THAN UMBRELLA FORM COMPENSATION ION AND WC STATU TRH TORV LIMITS ER _ EL EACH ACCIDENT $ EMPLOYWORKERS EMPLOYERS LIABILITY EL DISEASE POLICY LIMIT S THE PROPRIETORI INCL EL DISEASE FA EMPLOYEE E PARTNERSIEXECUTIVE OFFICERS ARE EXCL OTHER I DESCRIPTION OF OPERATIONSILOCATIONSAIEHICLESISPECIAL ITEMS Bid #22325 - Mayhhqil1ll Waterline The City of Denton, its Officials, Agents, SEE CANCELsea andON WORDINGeATTACHe named as Additional Insureds CERTIFICATE HOLDER CANCELLATION SEE ATTACHED SPECIAL WORDING DENTONl R94S1-4C9NR4FR'kR9F3�9Q91�:t4PR°�E4Q'3?�4E'R"�Fgf4€X�P7i'1� R'�C'�`R'S4iP�'R�'A"k°C F.7FX�iF'fCR9Plix`7iA"1E5�'�c }X°fiiQX4NR4:4{�.�$�A CITY OF DENTON RDkx92fi9FRHfi1:i7t'9PR�1NR�l°k9C`k°N:@X'�L"'k�k 215 E McKinney Denton TX 76201 AUTHORIZED REPRESENTATIVE Edward L Moore ACORD 25 S (1/95) ACORD CORPORATION 1988 ATTACHED TO AND FORMING A PART OF CERTIFICATE OF INSURANCE ISSUED TO THE CITY OF DENTON DATED MARCH 10,1990 INSURED DICKERSON CONSTRUCTION COMPANY, INC SPECIAL CANCELLATION CLAUSE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED, NONRENEWED OR REDUCTION IN COVERAGE BFORE THE EXPIRATION DATE THEREOF, THE ISSUING COPANY WILL SEND 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER [ PRODUCER EMPLOYERS GENERAL INSURANCE GROUP, INC yy it h gr' DATE (MM/DDIYY) 1 h` °tiC� 1 `I 1' n t R " , , 3/9/1999 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 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW 123 N CROCKETT, STE 600 SHERMAN, TEXAS 75090 COMPANIES AFFORDING COVERAGE __ COMPANY OLD REPUBLIC LLOYDS OF TEXAS A INSURED DICKERSON CONSTRUCTION COMPANY, INC P 0 BOX 181 COMPANY OLD REPUBLIC INSURANCE COMPANY B —"- _---—" CELINA TEXAS 75009 COMPANY C_ COMPANY D ze r,r 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 B Y 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 TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE(MMIDDIYY) POLICY EXPIRATION DATE(MMIOD/YY) LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE [�] OCCUR X OWNER S & CONTRACTOR S PROT TCP-4464234 03-05 99 03-05-2000 GENERAL AGGREGATE $ 2000.000 PRODUCTS COMP/OP AGG $ 2 000 000 PERSONAL & ADV INJURY $ 1 000 000 EACH OCCURRENCE $ 1 000,000 _ FIRE DAMAGE (Anyone fire) $ 100 000 MED EXP (My one person) $ 5 000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO -- ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per person) $ HIRED AUTOS NON OWNED AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ GARAGE LIABILITY ANY AUTO AUTOONLY EAACCIDENT $ OTHER THAN AUTO ONLY -- EACHACCIDENT $ AGGREGATE $ EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM EACH OCCURRENCE $ AGGREGATE $ S B WCOMPENSATION AND EMPLOYERS LIABILITY THE PROPRIETORI INCL PARTNER61EXECUTIVE OFFICERS ARE EXCL WC-1463525 ' 03 05-99 03 05 2000 X TORVLIMT6 OCR EL EACH ACCIDENT $ 500OOO EL DISEASE POLICY LIMIT $ 500 000 EL DISEASE EA EMPLOYEE 1 $ 500 000 OTHER JOB MAYHILL WATERLINh POLICIES ENDODRSED TO PROVIDE `WAIVER OF SUBROGATION & "ADDITIONAL INSURED IN FAVOR OF THE CERTIFICATE HOLDER IF THERE IS A WRITTEN CONTRACT BETWEEN THE ABOVE INSURED & THE CERTIFICATE HOLDER REQUIRING THE ABOVE (SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED NON RENEWED OR REDUCTION IN COVERAGE BEFORE THE EXPIRATION DATE,THE ISSUING COMPANY WILL SEND 30 DAYS WRITTEN NOTICE TO CERTIFICATE HOLDER) CIERPFICWHPUOWTZ11102t7 77Mn I CELLtlI SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE CITY OF DENTON , ITS OFFICIALS,AGENTS EXPIRATION DATE THEREOF THE ISSUING COMPANY WILL ENDEAVOR TO MAIL EMPLOYEES & VOLUNTEERS 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT 215 EAST MCKINNEY BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY DENTON TEXAS 76201 OF ANY KIND UPON THE COMPANY S AGE OR ESENTATIVES AUTHORIZED REPRESENTATIVE GARY JEFFE S UGI GR TIONv1998 2V S l o E' '` °i