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Home My WebLink About1999-161ORDINANCE NO `7'7 "l& / AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF THE LAKEVIEW RANCH LIFT STATION, GRAVITY SEWER LINE AND FORCE MAIN, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING FOR AN EFFECTIVE DATE (BID 2355 — LAKEVIEW RANCH LIFT STATION, GRAVITY SEWER LINE AND FORCE MAIN AWARDED TO DICKERSON CONSTRUCTION COMPANY, INC, IN THE AMOUNT OF $269,307 50) 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 SECTION 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 bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids BID NUMBER CONTRACTOR AMOUNT 2355 DICKERSON CONSTRUCTION COMPANY, INC $269,307 50 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 furiushmg 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 � PASSED AND APPROVED this the led day of ,1999 Cl��l.� MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY MIDI I I I� APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BID 2355 - CONTRACTUAL ORDINANCE ATTACHMENT 1 TABULATION SHEET Bid # 2355 Date 4/20/99 LAKEVIEW RANCH LIFT STATION.GRAVITY SEWER LINE & FORCE MAIN No I DESCRIP ION VENDOR VENDOR VENDOR VENDOR VENDOR Dickerson Construction Oscar Rends Earth Builders Pate Bros Radich company, Inc TOTAL BID AWARD $269,307 50 $307,380 00 $365,610 00 $429,638 00 $587,989 50 4 ��4r LAKEVI EW RANCH LIFT STATION 6 _v i - - - 6" FORCE MAIN - 253 8" GRAVITY MAIN - 185, N W E LAKEVIEW RANCH LIFT STATION v S PROJEC LOCATION EXHIBIT 11 CONTRACT AGREEMENT STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT, made and entered into this 18 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 COMPANY, INC. P O. BOX 181 CELINA, TEXAS 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 # 2355 - LAKEVIEW RANCH LIFT STATION, GRAVITY SEWER LINE AND FORCE MAIN in the amount of $269,307 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 WATER/WASTEWATER ENGINEERING 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 FEN", t 0P/:IM,IR CITY OF DPNTON WNER BY j Ij/APA- (SEAL) CA-3 CONTRACTOR bIcic4ti,od CO A)f (0.411 Pm_ 13ox t% r CF 1"' A, 7'CXXJ :?so,) Z MAILING ADDRESS 9-72 382 2iz3 PHONE NUMBER M 38z 204) FAX NUMBER BY TITLE tew.'$ �;ckea�or 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 61BGSAC4794 COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS That DICKERSON CONSTRUCTION COMPANY, 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 TWO HUNDRED SIXTY NINE THOUSAND THREE HUNDRED AND SEVEN and 501100 DOLLARS ($269,307.50) 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 99-161, with the City of Denton, the Owner, dated the 18 day of MAY A.D 1999, a copy of which is hereto attached and made a part hereof, for BID # 2355 - LAKEVIEW RANCH LIFT STATION, GRAVITY SEWER LINE AND FORCE MAIN 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 18 day of MAY 1999. 0466:& MY PRINCIPAL DICKERSON CONSTRUCTION COMPANY, INC BY �--^—J -SEqRETARBY - & PRESIDENT SURETY \ �� ( �- HARTFOR IRE INSURANC COMPANY BYwV\ nw�-.,Ylt� NANCY TA NRn BY C ATT NEY-IN-FACTREGINA 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 6IBCSAC4794 COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS That DICKERSON CONSTRUCTION COMPANY, 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 TWO HUNDRED SIXTY NINE THOUSAND THREE HUNDRED SEVEN and 501100 DOLLARS ($269,307 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 99-161, with the City of Denton, the Owner, dated the 18 day of MAY A.D 1999, a copy of which is hereto attached and made a part hereof, for BID N 2355 — LAKEVIEW RANCH LIFT STATION, GRAVITY SEWER LINE AND FORCE MAIN 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 18 day of MAY 1999. ATTEST B � SE TAR X'f MSEX WITNESS BY NANCY TANKO PRINCIPAL DICKERSON CONSTRUCTION COMPANY, INC _ BY rRESIDENT SURETY F D I p y BY TT 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 Payment Bond must be date of Contract If Resident Agent is not a corporation, give a person's name ) 2355 CONTRACT & BONDS & INSURANCE Ii M HARTFORD FIRE INSURANCE COMPANY Hartford, Connecticut POWER OF ATTORNEY Know all men by these Presents, That the HARTFORD FIRE INSURANCE COMPANY a Corporation duly organumd under the laws of the State of Connecticut and having its principal office In the City of Hartford County of Hartford State of Connecbcut floes hereby make constitute and appoint BRUCEC DeHART, EDWARD L. MOOR4 REGINAM CARTED ROSALYND HASSELL and DAVIDR, GROPPELL of HUMBLE, TEXAS Its true and lawful Attomey(s)4n Fact with full power and authority to each of said 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 its business of guaranteeing the fidelity of persons holding places 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 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 ratites and confirms all that Its said Aftomey(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 S The President or any Viwieresklent, acting with any Secretary or Assistant Secretary shall have power and authority to appoint for purposes only of exaoubng and attesting bonds and undertakings end other writings obligatory in the nature thereof one or mom Resident Vice Presidents Resident Assistant Secretaries and Atlomeysan-Fact and at any ON to remove any such Resident Vim-PmMent Resident Assistant Secrii orAsomy.ImFact and revoke the power aid authority given to him SECTION 11 Atiomeys•ImFact 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 thereof and any such Instrument executed by any such Aaomeydn-Fact shall be as binding upon the Company as k signed by an Executive OMar and sealed and attested by one other of such Ommm 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 ReeoivM flat the age con" of such Oagn and ee aid N IN Germany n y Im afted to aid such Waver of atianey or to are m mods misting tlatNp by emmle, and ay such power of stormy or remepe owns such /MINIS 09NWM or em"Is seal atoll be valid and Nnweg upon ae Calgary and any such povmr so ammusim aid cm1Nd by fa in" algnaaaM and INSINIa apt arms be valid am baMing upon me Gorman In ea ruem, ale mmiml to ay bortl or uMeNpng w v it is aftcw In Witness Whereof the HARTFORD FIRE INSURANCE COMPANY has caused these presents to be signed by Its Vice- Preaidernh and Its corporate sal to be hereto affixed, duly attested by he Secretary this tat day of May 1996 Ablest HARTFORD FIRE INSURANCE COMPANY Richard R Herrnenson Satvafefy STATE OF CONNECTICUT 1 0 -x" as COUNTY OF HARTFORD PV10L Mare Vice-Prealdentent On this let flay of May A.D 1995 before me personally came Paul L Marebella to me known who being by me duly mom did depose and say 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 Beat 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 X STATE OF CONNECTICUT ftmo COUNTY OF HARTFORD Jaen 14 Wpraak MY GommbeinErgirs, June Bo lop CERTIFICATE I the undersigned, Secretary of the HARTFORD FIRE INSURANCE COMPANY a Connecticut Corpoabon DO HEREBY CERTIFY 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, sel forth In the Power of Attorney are now in force Signed and sealed at the City of Hartford Dated the 18TH day of MAY 1999 Rahn L Pop secretary Form W507.9 (HF) Pdntad in U SA AOORD CERTIFICATE OF LIABILITY INSURANCL-DPID Ngg DATE WMIDDIYY) DICKE21 05/28/99 PRODUCER Elsey 6 Associates Surety/Insurance Agency, Inc 8820 Will Clayton Pkwy 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 Humble TX 77338 COMPANIES AFFORDING COVERAGE Edward L Moore Phone No 281-540-1555 Fes o 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 101 Celina TX 73009 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 MAYBE 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 DOLTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MMIDD/YV) POLICY EXPIRATION DATE (NIWOD(YY) LIMITS GENERAL LIABILITY GENERAL AGGREGATE $ PRODUCTS COMP/OPAGG $ COMMERCIAL GENERAL LIABILITY CLAIMS MADE =OCCUR PERSONAL B ADV INJURY $ OWNERS S CONTRACTORS PROT EACH OCCURRENCE S FIRE DAMAGE (Any one fire) $ MED EXP (Any one Person) S A AUTOMOBILE LIABILITY ANY AUTO AU11764421 09/01/98 09/01/99 COMBINED SINGLE LIMIT S1,000,000 X BODILY INJURY (Per person) y ALLOWNEDAUTOS SCHEDULED AUTOS X BODILY INJURY (Per accident) y HIRED AUTOS NON OWNED AUTOS X PROPERTY DAMAGE S GARAGE LIABILITY AUTOONLY EAACCIDENT S OTHER THAN AUTO ONLY ANY AUTO EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ AGGREGATE S UMBRELLA FORM S OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND TWORSYTAMI OER EL EACH ACCIDENT S EMPLOYERS LIABILITY EL DISEASE POLICY LIMIT S THE PROPRIETOR/ INCL PARTNERS/EXECUTIVE OFFICERS ARE EXCL EL DISEASE EA EMPLOYEE $ OTHER DESCRIPTION OF OPERATIONS/LOCATIONSA(EHICLE&SPECIAL ITEMS RE Bid #2355-Lakevigw Ranch Lift ytation Gravit Sewer Line and Force Main Certificate holdder is named as Additional Insur d This insurance is primary *non -renewed or materially changed CERTIFICATE HOLDER CANCELLATION DENTLAK SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Denton, its Officials, Agents, Employees and EXPIRATION DATE THEREOF THE ISSUING COMPANY WILL MAIL 30* DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT Volunteers 221 N Elm Denton, TX 76201 AUTHORIZED REPRESENIMMIF Edward L ACORD 25-S (1/95) PORATION 1988 ACORDie DATE (4/199 YY) fie, ,R 5/24/1999 9 PRODUCER a 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 600 SHERMAN, TEXAS 75090 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, COMPANIES AFFORDING COVERAGE _ COMPANY A OLD REPUBLIC LLOYDS OF TEXAS INSURED DICKERSON CONSTRUCTION COMPANY, INC P 0 BOX 181 COMPANY g OLD REPUBLIC INSURANCE COMPANY COMPANY CELINA, TEXAS 75009 C COMPANY D i,T n $ JI �i ® 5 is k".S° {fit 1#e'at�'Cmia'{� 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 (MMIDD/YY) POLICY EXPIRATION DATE (MM/DD/YY) LIMITS A GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY TCP-4464234* 03-05-99 03-05-2000 GENERAL AGGREGATE $ 2,000,000 X PRODUCTS COMP/OP AGG $ 2,000,000 CLAIMS MADE OOCCUR PERSONAL&AOV INJURY $ 1,000,000 OWNERS& CONTRACTORS PROT X EACH OCCURRENCE $ 1000000 X FIRE DAMAGE (Any one lire) $ 100,000 BROAD FORM PD X XCU EXCL REMOVED MEDEXP (Anyone person) $ 5000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO — BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Par accident) $ HIRED AUTOS NON OWNED AUTOS PROPERTY DAMAGE $ GARAGE LIABILITY AUTOONLY EAACCIDENT $ OTHER THAN AUTO ONLY ANY AUTO EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ AGGREGATE $ UMBRELLA FORM $ OTHER THAN UMBRELLA FORM B WORKER 8 COMPENSATION AND EMPLOYERS LIABILITY WC-1463525** 0305-99 03-05-2000 X TORY LIMITS OER EL EACH ACCIDENT $ 500,000 EL DISEASE POLICY LIMIT $ 500000 THE PROPRIETOW INCL PARTNERWEXECUTIVE OFFICERSARE EXCL EL DISEASE EA EMPLOYEE $ 500,000 OTHER SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCEL ED, NON RENEWED OR REDUCTION IN COVERAGE BEFORE THE EXPIRATION DATE THEREOF, THE ISS ING COMPAN WILL SEND 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER. DESCRIPTION OF OPE�TIONSILOCTATIONWVEFIIGLESIOPkUIXMTMN— 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 #2355 — LAKEVIEW RANCH LIFT STATION, GRAVITY SEWER LINE & FORCE MAIN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE CITY OF DENTON, ITS OFFICIALS, AGENTS, EMPLOYEES & VOLUNTEERS EXPIRATION DATE THEREOF THE ISSUING COMPANY WILL lJOWIIN { MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT 215 EAST MCKINNEY ypkpceetlCk7'RAOtuk7it6btxi17l9e7QWi4kWR4PR�tl1lRAI;4MAI51Rc919dXWtic7Ck DENTON, TX 76201 mxxa$xwawoxne$xBno-�Ex x AUTHORIZED REPRESENTATIVE GARY JEFFERI GIIO CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Bidder's attention is directed to the insurance requirements below It is highly recommended that bidders confer with their respective insurance carriers or brokers to determine in advance of Bid submission the availability of insurance certificates and endorsements as prescribed and provided herein If an apparent low bidder fails to comply strictly with the insurance requirements, that bidder may be disqualified from award of the contract Upon bid award, all insurance requirements shall become contractual obligations, which the successful bidder shall have a duty to maintain throughout the course of this contract STANDARD PROVISIONS. Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted work has been completed and accepted by the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter As soon as practicable after notification of bid award, Contractor shall file with the Purchasing Department satisfactory certificates of insurance, containing the bid number and title of the project Contractor may, upon written request to the Purchasing Department, ask for clarification of any insurance requirements at any time, however, Contractors are strongly advised to make such requests prior to bid opening, since the insurance requirements may not be modified or waived after bid opening unless a written exception has been submitted with the bid Contractor shall not commence any work or deliver any material until he or she receives notification that the contract has been accepted, approved, and signed by the City of Denton 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 read "SAID POLICY SHALL NOT BE CANCELLED, NONRENEWED OR MATERIALLY CHANGE WITHOUT 30 DAYS ADVANCED WRITTEN NOTICE BEING GIVEN TO THE OWNER (CITY) EXCEPT WHEN THE POLICY IS BEING CANCELLED FOR NONPAYMENT OF PREMIUM IN WHICH CASE 10 DAYS ADVANCE WRITTEN NOTICE IS REQUIRED" • Should any of the required insurance be provided under a claims -made form, Contractor shall maintain such coverage continuously throughout the term of this contract and, without lapse, for a period of three years beyond the contract expiration, such that occurrences arising during the contract term which give rise to clamis 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, ternunate 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 1XI 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 $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 [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 lunit for occupational disease The City need not be named as an "Additional Insured" but the insurer shall agree to waive all rights of subrogation against the City, its officials, agents, employees and volunteers for any work performed for the City by the Named Insured For building or construction projects, the Contractor shall comply with the provisions of Attachment 1 in accordance with §406 096 of the Texas Labor Code and rule 28TAC 110 110 of the Texas Worker's Compensation Commission (TWCC) [ ] Owner's and Contractor's Protective Liability Insurance The Contractor shall obtain, pay for and maintain at all times during the prosecution of the work under this contract, an Owner's and Contractor's Protective Liability insurance policy naming the City as insured for property damage and bodily injury which may arise in the prosecution of the work or Contractor's operations under this contract Coverage shall be on an "occurrence" basis, and the policy shall be issued by the same insurance company that carries the Contractor's liability insurance Policy limits will be at least combined bodily injury and property damage per occurrence with a aggregate [ ] Fire Damage Legal Liability Insurance Coverage is required if Broad form General Liability is not provided or is unavailable to the contractor or if a contractor leases or rents a portion of a City building Limits of not less than each occurrence are required [ ] Professional Liability Insurance Professional liability insurance with limits not less than per claim with respect to negligent acts, errors or omissions in connection with professional services is required under this Agreement [ ] Builders' Risk Insurance Builders' Risk Insurance, on an All -Risk form for 100% of the completed value shall be provided Such policy shall include as "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 /_WiZTffl% 1t 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 mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project 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 mad 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 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 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 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 3ON CONSTRUCTION CO, INC P O BOX 181 CELINA, TEXAS 75009 972-382-2123 FAX 972-382-2043 Apn126, 1999 City of Denton 221 N Elm Denton, Texas 76201 Art Mchael Leavitt Ref Bid #2355, Lakeview Ranch Lift Station and Sanitary Sewer Dear Mr Leavitt In regards to the above referenced bid we would like to offer the following explanation for the difference in the written total and the actual total when all items are added together Item No 7 - Lift Station There was an addition of $19,250 00 from our pump supplier that we received a short time before closing our bid, this $19,250 00 was added to our Lump Sum price for the lift station making that total $136,750 00, but we faded to add it to our overall total of $249,057 50 making the overall total $269,307 50 We are sorry for the error in the bid, but hope this will clarify the discrepancy If you have any questions or I can be of any further assistance, please don't hesitate to contact me Sincerely, zjc-5r�—' Dickerson Construction Co , Inc Lewis Dickerson, President