HomeMy WebLinkAbout1999-150ORDINANCE NO
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS
CONTRACT FOR THE CONSTRUCTION OF EIGHT ROAD BORING PROJECTS,
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN
EFFECTIVE DATE (BID 2354 — ROAD BORE PROJECTS FOR ELECTRICAL CROSSINGS
AWARDED TO DICKERSON CONSTRUCTION CO, INC IN THE AMOUNT OF $138,185)
WHEREAS, the City has solicited, and received competitive sealed 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 respondent for the construction of the public works or
improvements described in the bid invitation, and plans and specifications therein, NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
S_,ECTION I That the following competitive sealed bid for the construction of public works
or improvements, as described in the "Sealed Bid Invitations", or plans and specifications on file in
the Office of the City's Purchasing Agent filed according to the proposal number assigned hereto,
are hereby accepted and approved as being the lowest responsible bids
BID
NUMBER CONTRACTOR AMOUNT
2354 DICKERSON CONSTRUCTION CO, INC $138,185
SECTION II That the acceptance and approval of the above competitive sealed bid 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 Request for Sealed Bids, 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 sealed 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 ������'1l
PASSED AND APPROVED this the � day of 1999
JACI LER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
i
l..._�. dF
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
BID 2354 - CONTRACTUAL ORDINANCE
ATTACHMENT 1
►`m
(D
m
0
W
w
x
0
z
O
g
D
a
r
C
U;
C
L
a
LL
L.
4c
v
C.'
Q
LO
a
N C
C
L
c
t
'O C
K01 n
0
0
0
o
0
O
c
o
0
0
0
U
0
0
0
O
LOD
N
LO
(00
(00
(U)
(00
M
00
LO
a—
N
(n
lf)
W
60
V)
N
ffJ
U99
fA
O
O
O
O
O
O
O
O
O
O
aQ
0
N
>
00
N
c00
000
N
00
zr
7
v
l!')
M
'ITO
m
W
0
O
V
V
(f)
1-
(M
M
7
0�
�
�
W,
6N9
fR
O
Cl
O
O
w
@
O
O
O
O
CD
O
+
a
CD
(0
O�
M
Z
c00
co
'
7
0V'
V
O
0
c0
`Wj
J
N
69
N
0.
69
(!>
N
fA
N
fA
N
64
fig
ER
O
O
0
p'
y
O
O
O
O
O
O
O
LO
N
117
O
O
O
O
O
O
O
O
Gj
3
u(Oi
c`Oi
0
o
M
o
a0i
o
(O
Z
m0)
O)
fD
co
0)
00
0)
O
M
e69
v)
60
u)
to
d9
u9
vl
0
U
o c
0
0
0
0
0
0
0
0
o
0
0
0
LO
00
p
Y
m
00
(00
co
0
OD
0
00
(0r>
M
LO
M
(D
00
00
U 2
(D
f0
1
00
M
C
ER
ffl
fR
boa,ff)
EA
N
fA
ffl
OI
y
p
Y
�{
N
U)04
N
1
04
-6
~
J
N
O
LL
O
J
co
d
0)
W
U
(
N
w
a
to
4
S
n
b>
Z
#
c0.i
U
U
S
5
-�
v
9
�
J
°.�
�' G
a C
J
-p >.
mf"L
"0
m
rn
0
@
U x
U_
0
m
r0 m
2
0
m
r
n a
'C
O
a
m
0
raj
Q
i W
0
J
M.�
7x
Q
0
w
U
`O
_�
Q
L
o
d
Tii
c
�
u�LO
M
m
LL
co
co
A
O
~
N
LL
LL
LL
p�
n
LL
CA
LL
l0
O
LLIc`l
i
y
O
i j
U.coN
O
N
r-
N
cM
d
u
CO
ti
00
i
�z°
`
CONTRACT AGREEMENT
STATE OF TEXAS §
COUNTY OF DENTON §
THIS AGREEMENT, made and entered into this 11 day of MAY 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, thereunto duly authorized so to do, hereinafter termed
"OWNER," and
DICKERSON CONSTRUCTION CO, INC
BOX 181
CELINA, TX 75209
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 # 2354- ROAD BORE PROJECTS FOR ELECTRICAL CROSSINGS
in the amount of $138,185 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 - I
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
ELECTRICAL ENGINEERING 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
IJn CITY OF DENTON
WNER
BY 1A11WA
T JkLo�
C
(SEAL)
ATTEST
APPROVED AS TO FO -
CITY ATTORNEY
CA-3
CONTRACTOR
J'ciccs,o.4 C.0",( r', d,
P c, % a X 1 s(
Cr (,nA� 7e-XA) ?Sai 5s
MAILING ADDRESS
R-7z- Bsz- zia)
PHONE NUMBER
4�71 3gz It#
FAX NUMBER
BY 4de:G — Pr'.
TITL
Law..%
PRINTED NAME
(SEAL)
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 61BCSAC4795
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS That DICKERSON CONSTRUCTION
COMPANY, INC., whose address is P O. BOX 181 CELINA, TX 75209, hereinafter called
Principal, and HARTFORD FIRE INSURANCE COMPANY I 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 THIRTY EIGHT THOUSAND ONE
HUNDRED EIGHTY FIVE and no/100 DOLLARS ($138,185) 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 99-150, with the City of
Denton, the Owner, dated the 11 day of MAY A.D 1999, a copy of which is hereto attached
and made a part hereof, for BID # 2354 — ROAD BORE PROJECTS FOR ELECTRICAL
CROSSINGS.
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
amI
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 11 day of MAY 1999.
ATTEST
PRINCIPAL
DICKERSON CONSTRUCTION COMPANY, INC _
SECRETA&V BY
PRES ENT
X9CgX";>{MSWK WITNESS
BY o► ..,a ,
NANCY TANKO
SURETY
HARTFORD RE INSURANCE OMPANY
BY GL .
ATTO EY-IN-FACT R GI€ NA 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 61BCSAC4795
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS That DICKERSON CONSTRUCTION
CO , INC. whose address is P.O. BOX 181, CELINA, TX 75209, 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 THIRTY EIGHT THOUSAND ONE HUNDRED EIGHTY FIVE and
no/100 DOLLARS ($138,185) 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 Ordmance Number 99-150, with the City of
Denton, the Owner, dated the 11 day of MAY A.D 1999, a copy of which is hereto attached
and made a part hereof, for BID # 2354 — ROAD BORE PROJECTS FOR ELECTRICAL
CROSSINGS.
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 11 day of MAY 1999
lll0y91.1N
pa-, _ . �ffl �� _
1tYUt`BMARX WITNESS
BY
NANCY TANK
PRINCIPAL
DICKERSON CONSTRUCTION COMPANY, INC
BY
PRESI ENT
SURETY
HARTFORD FIREINSURANCE COMPANY �p
BY J�Q /Yl� ���,t��
ATT Z"NEY-IN-FACT REGINANA 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 Payment Bond must be date of Contract If Resident Agent is not a
corporation, give a person's name )
2354 CONTRACT & BONDS & INSURANCE
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 office in the City of Hartford County of Hartford State of Connecticut
does hereby make constitute and appoint
BRUCEC DCHART, EDWARD L MOORE, REGINAM CARTE!{ ROSALYND IIASSELL
andDAVIDR GROPPELL of HUMBLE, TEXAS
Its two and lawful Attorney(s) in Fact with full power and authority to each of said Aaomey(s)-m-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 Its business of guaranteeing the fidelity of persons holding places of public or private trust
guaranteeing the performance of contracts other then 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
all 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 Officers 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 on
the 9th day of March 1971
ARTICLE IV
SECTION 8 The President or any VaxsPresdenL acting with any Secretary or Assistant Secretary shell have power and authority to appoint for
purposes only of executing and atteating bonds and undertakings and other writings obligatory In the nature thereof one or more Resident Vice
Presidents Resident Assistant Secretaries and Attcrosysdn�Fact and at any time to remove any such Resident Voe-President Resident Assistant
Secretary, crAttamey in -Fact and revoke the power and authority given to him
SECTION i 1 Attomeys-In-Fact shall have power and authority subject to the terms and limitations of the power of attorney 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 tharW and any such Instrument executed by any such Attorney In Fact shall be as binding upon the Company as a signed by an
Executive Officer and seeded and ahestsd by oa 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
Directors of the HARTFORD FIRE INSURANCE COMPANY at a meeting duly called and held on the 12th day of February 1993
Reached! tlm the aewmiw of such dams and the ant of the Compare may bit anmd in are such pwar or sooner or to any Makers, mlaang trams, by
facamld aid any such pwor or aVomey or onteme on" Such fglmie adgweees m h We awl shell bit weld and binding upon the Company, ere any such powm so
executed and MbW by Im"16 aigrlaMn and fawh "sea aMll be veld and binang upon aw company In tM hdure with respect to cry bond or undarbYbp ro "Ich it is
aMched
In ygltness Whereof the HARTFORD FIRE INSURANCE COMPANY has caused these presents to be signed by its Vice -
President and its corporate seal to be hereto affixed, duly attested by Its Secretary this tat day of May 1995
Attest. //`` HARTFORD FIRE INSURANCE COMPANY
.'�Qnn/�AWaN1i
Nxfrnd R.
Secretary
,/ ✓ ,�
J
STATE OF CONNECTICUT am.r
ars
COUNTY OF HARTFORD PVilce-presidents
On this tat day of May AD 1995 before me personally came Paul L Mambella to me known who being by me duly sworn did depose
and say that he resides in the County of Hartford, State of Connecbcut, 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
said corporation and that he signed his name thereto by like order
STATE OF CONNECTICUT 1 'yN �MY a o(�j'r160
ea,,,
Ij w. Auauo Jw, woe
COUNTY OF HARTFORD womry R,bgo
xb Commemon Expires Jurm ire tes9
CERTIFICATE
1 the undemlgned, Secretary of the HARTFORD FIRE INSURANCE COMPANY a Connecticut Corporation DO HEREBY
CERTIFY that the foregoing and attached POWER OF ATTORNEY remains In full fora 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 fora
Signed and sealed at the City of Hartford Dated the 11 TH day of MAY 1999
n
Form SJ507 9 (HF) Prinmd in USA
ACORD CERTIFICATE OF
LIABILITY INSURANCE-0FID NJ1 DATE
06/Ol/99
PRODUCER
Elsey & Associates
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Surety/Insurance Agency, Inc
8820 Will Clayton, Pkwy
HOLDER THIS CERTIFICATE DOES NOT AMEND EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW
Humble TX 77338
COMPANIES AFFORDING COVERAGE
Edward L Moore
Phone No 281-540-1555 FeXNo 281-540-7419
COMPANY
A National American Insurance
INSURED
COMPANY
B
COMPANY
C
Dickerson Construction Company
Inc & Lewis Dickerson, Indiv
COMPANY
D
P O BOX 181
Celina TX 75009
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
CO
LTR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
DATE(MMIDD/YY)
POLICY EXPIRATION
DATE(MMIDD/YY)
LIMITS
GENERAL
LIABILITY
GENERALAGGREGATE
f
PRODUCTS COMP/OP AGG
f
COMMERCIAL GENERAL LIABILITY
CLAIMS MADE ❑OCCUR
PERSONAL& ADV INJURY
f
OWNERS B CONTRACTOR S PROT
EACH OCCURRENCE
f
FIRE DAMAGE (Any one fire)
f
MED EXP (Any one person)
f
A
I AUTOMOBILE
LIABILITY
ANY AUTO
AU11764421
09/01/98
09/01/99
COMBINED SINGLE LIMIT
f 1 , OOO , OOO
_
X
BODILY INJURY
(Per person)
f
ALL OWNED AUTOS
SCHEDULED AUTOS
X
BODILY INJURY
(Per ealtlenp
f
HIRED AUTOS
NON OWNED AUTOS
X
PROPERTY DAMAGE
f
GARAGE LIABILITY
AUTO ONLY EAACCIDENT
f
OTHER THAN AUTO ONLY
ANY AUTO
EACHACCIDENT
f
AGGREGATE
f
EXCESS LIABILITY
EACH OCCURRENCE
f
AGGREGATE
f
UMBRELLA FORM
f
OTHER THAN UMBRELLA FORM
WORKERS COMPENSATION AND
T RV LIMITS ER
ELEACHACCIDENT
f
EMPLOYERS LIABILITY
EL DISEASE POLICY LIMIT
f
THE PROPRIETORI INCL
PARTNERSIEXECUTIVE
OFFICERS ARE EXCL
ELDISEASE EAEMPLOYEE
f
OTHER
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS
RE BID#2354,ROAD BORE PROJECTS FOR ELECTRICAL CROSSINGS Certificate holder
is named as Additional Insured This insurance is primary
*non -renewed or materially changed
CERTIFICATE HOLDER
CANCELLATION
DENRDBR
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
City of Denton, its Officials,
EXPIRATION DATE THEREOF THE ISSUING COMPANY WILL MAIL
Agents, Employees and
330* DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT
Volunteers
221 N Elm
Denton, TX 76201
AUTHORIZED REPRESE116TIVE
Edward L e
ACORD 25-S (1/95)
109
RPORATION 1988
o
DATE (MMIDOIYY)
/ C+QR-�
5/24/1999
PRODUCER
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
EMPLOYERS GENERAL INSURANCE GROUP, INC
HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
123 N CROCKETT, STE 000
SHERMAN, TEXAS 75090
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW,
COMPANIES AFFORDING COVERAGE
COMPANY OLD REPUBLIC LLOYDS OF TEXAS
A
INSURED DICKERSON CONSTRUCTION COMPANY INC
P 0 BOX 181
COMPANY
a OLD REPUBLIC INSURANCE COMPANY
COMPANY
CELINA TEXAS 75009
C
COMPANY
ammummmil "14(T e m.� u.'fA 'uYaV.:�`�Y•i . "Pr°3
THIS IS TO CERTIFY THAT HE 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(MM/DD/yY)
POLICY EXPIRATION
DATE(MMIDD/YY)
LIMITS
A
GENERAL
X
LIABILITY
COMMERCIAL GENERAL LIABILITY
TCP-4464234'
03-05-99
03-05-2000
GENERAL AGGREGATE
$ 2,000,000
PRODUCTS COMP/OP AGG
$ 2 000 000
CLAIMS MADE 1xi OCCUR
PERSONAL & ADV INJURY
$ 1 OQO 000
OWNERS &CONTRACTORS PROT
X
EACH OCCURRENCE
$ 1000000
X
FIRE DAMAGE (My one fire)
$ 100000
BROAD FORM PD
X
XCUEXCL REMOVED
MED EXP (Anyone person)
$ 5000
AUTOMOBILE
LIABILITY
COMBINED SINGLE LIMIT
&
ANY AUTO
BODILY INJURY
(Per person)
$
ALL OWNED AUTOS
SCHEDULED AUTOS
BODILY INJURY
(Per accident)
S
HIRED AUTOS
NON OWNED AUTOS
PROPERTYDAMAGE
$
GARAGE LIABILITY
AUTOONLY EAACCIDENT
$
OTHER THAN AUTO ONLY
ANY AUTO
EACH ACCIDENT
$
AGGREGATE
$
EXCESS LIABILITY
EACH OCCURRENCE
$
AGGREGATE
S
UMBRELLA FORM
$
OTHER THAN UMBRELLA FORM
WORKER S COMPENSATION AND
WC-1463525' "
03-05-99
03-05-2000
X TORVLIMTs DER
EL EACH ACCIDENT
& 500,000
B
EMPLOYERS LIABILITY
EL DISEASE POLICY LIMIT
$ 500 000
THE PROPRIETOR/ INCL
PARTNER& MTIVE
MFICERS ARE EXCL
EL DISEASE EA EMPLOYEE
S 500OOO
OTHER
SHOULD ANY OF THE
BOVE DESCRIBED POLICIES
BE CANCELLED,
NON REIILWED
OR REDUCTION IN
COVERAGE BEFORE TH4
EXPIRATION DATE THEREOF,
THE ISS
ING COMP
WILL SEND 30 DAYS
WRITTEN NOTICE TO
HE CERTIFICATE HOLDER
WHIGI-lifillurECIAL ITEMS
POLICIES ENDORSED TO PROVIDE *ADDITIONAL INSURED & "WAIVER OF SUBROGATION IN FAVOR OF THE CERTIFICATE
HOLDER IF THERE IS A WRITTEN CONTRACT BETWEEN THE ABOVE INSURED & THE CERTIFICATE HOLDER REQUIRING THE
ABOVE
BID #2354 - ROAD BORE PROJECTS FOR ELECTRICAL CROSSINGS
CERTIFICATE .+?`CANCELLATIONS'
SHOULD ANYOF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
CITY OF DENTON , ITS OFFICIALS AGENTS,
EMPLOYEES & VOLUNTEERS
EXPIRATION DATE THEREOF THE ISSUING COMPANY WILL KtMW 1{X= MAIL
30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT
216 EAST MCKINNEY
§ui�>t x >GXIKnki'czailwlxxAtMxAxaa nasaa snTaawcRaaxcaxecx
DENTON TX 76201
76K7FMiLJ4NA[�L�6NOWL]G>[x7E i< x [
AUTHORIZED REPRESENTATIVE
GARYJEFFER17.REGION
Arson 9R �Q"l�NfRl�Y t`
,tp�apW
r-''JST#3r >iaSf&4y r F Sl. .67+%4�__ °IUtlCr
SUBJECT: INSURANCE REQUIREMENTS
The insurance certificate cancellation clause must read as follows or our Legal
department will not except -
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED,
NONRENEWED OR REDUCTION IN COVERAGE BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL SEND 30
DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER.
The standard ACORD FORM wording is not acceptable; it must read exacdy as
above.
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 protect 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 hunt 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 made after expiration of the contract shall be covered
• Should any of the required insurance be provided under a form of coverage that
includes a general annual aggregate limit providing for claims investigation or legal
defense costs to be included in the general annual aggregate limit, the Contractor
shall either double the occurrence limits or obtain Owners and Contractors
Protective Liability Insurance
• Should any required insurance lapse during the contract term, requests for
payments originating after such lapse shall not be processed until the City receives
satisfactory evidence of reinstated coverage as required by this contract, effective
as of the lapse date If insurance is not reinstated, City may, at its sole option,
terminate this agreement effective on the date of the lapse
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS
All insurance policies proposed or obtained in satisfaction of this Contract shall additionally
comply with the following marked specifications, and shall be maintained in compliance with
these additional specifications throughout the duration of the Contract, or longer, if so noted
Ixl 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
[XI 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
[XI 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 omissions in connection with professional services is
required under this Agreement
[ ] Builders' Risk Insurance
Builders' Risk Insurance, on an All -Risk form for 100% of the completed value shall be
provided Such policy shall include as "Named Insured" the City of Denton and all
subcontractors as their interests may appear
[ ] Additional Insurance
Other insurance may be required on an individual basis for extra hazardous contracts
and specific service agreements If such additional insurance is required for a specific
contract, that requirement will be described in the "Specific Conditions" of the contract
specifications
ATTACHMENT 1
[x] Worker's Compensation Coverage for Budding 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
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 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 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
rA
a
a
a
x
m