1999-060 ORDINANCE NO q 9-(~O
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 ofpubhc works or improvements m 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 hereto 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 thereto,
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
~ That the following competitive bids for the construction of public works or
improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specfficat~ons 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
AMOVNT
2325 DICKERSON CONSTRUCTION CO , INC $106,059 50
~ 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 furmshmg of performance and payment bonds, and insurance certificate after
notification of the award of the bid
~ That the City Manager is hereby authorized to execute all necessary written
contracts for the performance of the construction of the pubhc works or improvements in accordance
with the b~ds 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 thereto
SE I__.EQ.T!_Q.~~ That upon acceptance and approval of the above competitive b~ds and the
execution of contracts for the pubhc works and ~mprovements as authorized here~n, the City Counml
hereby authorizes the expendxture of funds in the manner and ~n the amount as spemfied in such
approved b~ds and authorized contracts executed pursuant thereto
~ That th~s ordinance shall become effective ~mmedlately upon ~ts passage and
approval
PASSED AND APPROVED th~s the~/'~t~ day of ~)~&gZ~/..~ ,1999
JA~IILLER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
2325 - MAYHILL 12" WATERLINE CONTRACTUAL ORDINANCE
ATTACHMENT #1
TABULATION SHEET
BID # 2326 Date 1-7-99
BID NAME Mayhll112" Waterline
1 Dickerson Construction $106,059 50
2 North Texas Contractin~l $108~753 10
3 H & W Utility Construction $109,331 06
4 Aledo Construct,on $116,806 53
5 R A Development Inc $117~367 66
6 Mastec $130p850 00
7 Bowles Construction $135,110 50
8 Gra-Tex Utilities $137p279 13
9 LaDelta Excavatln~l $149,859 00
10 Radlch Construction $161~284 65
11 Ja~oe Public $180~604 00
12 DBR Construction $208,431 60
-.~.-. ,. ClP WATER
MAYHILL 12" WATERLINE
PROJECT LOCATI~,
EDWARDS
$
[INSTALL 12" WATERLINE-3148 FEETI W + F
S
EXHIBIT II
CONTRACT AGREEMENT
STATE OF TEXAS §
COUNTY OF DENTON §
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, thereunto duly authorized so to do, herelnafter 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 m consideration of the paymems and agreements
hereinafter mentioned, to be made and performed by OWNER, and under the conditions
expressed m 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 m the General Conditions of the agreement, and at h~s (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, m accordance with the conditions and prices stated in the Proposal attached hereto, and
m 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 m
CA- 1
accordance with the plans, which mcludes all maps, plats, blueprints, and other drawmgs and
prated or written explanatory matter thereof, and the Specifications therefore, as prepared by
ENGINEERING DEPARTMENT
all of which are made a part hereof and collectxvely evidence and constitute the entire contract
Independent Status
It ~s mutually understood and agreed by and between Cxty and Contractor that
Contractor is an mdependent contractor and shall not be deemed to be or consxdered an
employee of the City of Denton, Texas, for the purposes of mcome tax, wtthholdlng, social
security taxes, vacation or sxck leave benefits, worker's compensation, or any other C~ty
employee benefit City shall not have superwslon and control of Contractor or any employee
of Contractor, and ~t is expressly understood that Contractor shall perform the serwces
hereunder accordmg to the attached specifications at the general d~rect~on of the City Manager
of the C~ty of Denton, Texas, or h~s designee under th~s agreement
Indemnification
Contractor shall and does hereby agree to mdenm~fy and hold harmless the City of
Denton from any and all damages, loss, or habll~ty of any kmd whatsoever, by reason of mjury
to property or third persons occasioned by any error, omission or negligent act of Contractor,
~ts officers, agents, employees, mwtees, and other persons for whom it xs legally hable, w~th
regard to the performance of thxs Agreement, and Contractor will, at its cost and expense,
defend and protect the City of Denton agamst any and all such clams and demands
Choice of Law and Venue
Th~s agreement shall be governed by the law of the State of Texas and venue for ~ts
construction and enforcement shall l~e ~n the courts of Denton County, Texas
The CONTRACTOR hereby agrees to commence work on or after the date estabhshed
for the start of work as set forth m written not~ce to commence work and complete all work
w~thm the tune stated m the Proposal, subJeCt to such extensions of tune as are prowded by the
General and Special Conditions
The OWNER agrees to pay the CONTRACTOR m current funds the price or prices
shown m the Proposal, which forms a part of th~s contract, such payments to be subject to the
General and Special Conditions of the Contract
CA - 2
IN WITNESS WHEREOF, the parries of these presents have executed tMs agreement
m the year and day first above written
(SEAL}0
ATTEST
CONTRACTOR
MAILING ADDRESS
q?2- 3sz-zlz
PHONE NUMBER
FAX NUMBER
APPROVED AS TO FORtM / PRINTED NAME
CITY ATTORNEY /
CA - 3
CITY OF DENTON
INSURANCE REQUIREMENTS FOR CONTRACTORS
Btdder's attentton ts dtrected to the insurance requtrements below It ts highly recommended
that btdders confer wtth their respecttve tnsurance carners or brokers to determine tn
advance of Btd submtsston the avatlabthty of tnsurance certificates and endorsements as
prescnbed and provided herem. If an apparent low btdder fads to comply strictly wtth the
tnsurance requtroments, that btdder may be dtsquahfied from award of the contract Upon
btd award, all insurance requtroments shall become contractual obhgattons, whtch the
successful btdder shall have a duty to matntatn throughout the course of thts contract
STANDARD PROVISIONS:
Wtthout ltmtttng any of the other obhgattons or habthttes of the Contractor, the Contractor
shall provtde and matntatn until the contracted work has been completed and accepted by the
Ctty of Denton, Owner, the mtntmum tnsurance coverage as tndtcated heretnafler
As soon as practicable after nottficatton of btd award. Contractor shall file wtth the
Purchastng Department sattsfactory certificates of tnsurance, contatntng the btd number and
tttle of the project Contractor may, upon wrttten request to the Purchastng Department, ask
for clartftcatton of any tnsurance requtrements at any trine, however, Contractors are strongly
advtsed to make such requests prior to btd opentng, stnce the tnsurance requtrements may not
be mo&fled or watved after btd opemng unless a wrttten exceptton has been submttted wtth the
btd Contractor shall not commence any work or dehver any material until he or she
recetves nottficatton that the contract has been accepted, approved, and signed by the Ctty of
Denton
All tnsurance pohctes proposed or obtained tn sattsfactton of these requtrements shall comply
wtth the following general specifications, and shall be matntatned tn compltance wtth these
general spectficattons throughout the duratton of the Contract, or longer, tf so noted
· Each pohcy shall be issued by a company authorized to do business ill 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 ehmmate 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, clama administration and
defense expenses
· Llablllty polzcles shall be endorsed to prowde the following
· · Name as addittonal insured the City of Denton, its Officials, Agents,
Employees and volunteers
That such insurance as 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 clann is made
or suit is brought The inclusion of more than one insured shall not operate
to mcrease the insurer's lnnlt 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 clatms-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 clauns 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 hmit providing for clanns investigation or legal
defense costs to be included in the general annual aggregate lmalt, the Contractor
shall either double the occurrence lnnltS 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
,tll tnsurance pohcies proposed or obtatned tn sattsfactton of thts Contract shall addtttonally
comply with the followtng marked spectficattons, and shall be matntatned tn compltance wtth
these addtttonal spectficattons throughout the duration of the Contract, or longer, tf so noted
IX] A General Liability Insurance:
General Liability insurance with combined single llmlts 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 m a comblnatlon of underlying
and umbrella or excess policies
If the Commercial General Llablhty form (ISO Form CG 0001 current edition) is
used
· Coverage A shall include premises, operations, products, and completed
operations, mdependent 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 Currem 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 operatmns, independent contractors and property damage
resulting from explosmn, collapse or underground (XCU) exposures
· Broad form contractual liability (preferably by endorsement) covering this
contract, personal injury liability and broad form property damage
liability
IX] Automobile Liability Insurance:
Contractor shall provide Commercial Automobile Liability insurance with Combined
Single Lmaits (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, maimenance 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 endorsemem for
· any auto, or
· all owned, hired and non-owned autos
IX] Workers Compensation Insurance
Contractor shall purchase and maintain Worker's Compensation insurance which, in
addition to meeting the mlnnnum statutory requirements for issuance of such insurance,
has Employer's Liability lUnltS of at least $100,000 for each accident, $100,000 per
each employee, and a $500,000 policy hmlt for occupational disease The C~ty need
not be named as an "Additmnal Insured" but the insurer shall agree to waive all rights
of subrogation against the City, ~ts officnds, 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 Attachrnem 1 m accordance
w~th §406 096 of the Texas Labor Code and rule 28TAC 110 110 of the Texas
Worker's Compensation Commission (TWCC)
[ ] Ownerts and Contractor's Protective Llabihty Insurance
The Contractor shall obtain, pay for and maintain at all tunes during the prosecuUon of
the work under th~s contract, an Owner's and Contractor's Protective Liability
insurance pohcy naming the C~ty as insured for property damage and bodily injury
whmh may arise m the prosecutmn of the work or Contractor's operatmns under th~s
contract Coverage shall be on an "occurrence" basis, and the policy shall be issued by
the same insurance company that carries the Contractor's hablhty insurance Polacy
lun~ts wall be at least combined bodily injury and property damage per
occurrence w~th a aggregate
[ ] Fire Damage Legal Liability Insurance
Coverage as reqmred if Broad form General L~abfllty is not provided or ~s unavailable
to the contractor or ff a contractor leases or rents a porUon of a Cny bmldmg Limits
of not less than each occurrence are required
[ ] Professional Liability Insurance
Professional hablhty insurance w~th lun~ts not less than per claim with
respect to neghgent acts, errors or ounsslons in connection wath professional servaces is
required under th~s Agreement
[ ] Builders' Risk Insurance
Budders' R~sk Insurance, on an All-Risk form for 100% of the completed value shall be
provided Such pohcy shall include as "Named Insured" the City of Denton and all
subcontractors as their interests may appear
[ ] Additional Insurance
Other insurance may be reqmred on an ~ndawdual basas for extra hazardous contracts
and spemfic serwce agreements If such addmonal insurance ~s reqmred for a specffic
contract, that reqmrement will be described an the "Specffic Condmons" of the contract
specfficattons
ATTACHMENT 1
[x] Worker's Compensation Coverage for Braiding or Construction Projects for
Governmental Entities
A Deflmt~ons
Certificate of coverage ("certlflcate")-A copy of a certificate of insurance,
a cert;flcate of authority to self-~nsure ;ssued by the comm~ssmn, or a
coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84),
show;ng statutory workers' compensation ~nsurance coverage for the
person's or entlty's employees prowdmg serwces on a project, for the
duration of the project
Durat;on of the project - ~ncludes the t~me from the beg~nmng of the work
on the project unt;I the contractor's/person's work on the project has
been completed and accepted by the governmental entity
Persons prowdmg serwces on the project ("subcontractor" ;n §406 09~)
- ~ncludes all persons or ent~tms performing all or part of the serwces the
contractor has undertaken to perform on the project, regardless of
whether that person contracted d~rectly w~th the contractor and
regardless of whether that person has employees Th~s ~ncludes, w~thout
hm~tat~on, ~ndependent contractors, subcontractors, leasing compames,
motor carners, owner-operators, employees of any such entity, or
employees of any entity whmh furmshes persons to prowde services on
the project "Serwces" ~nclude, w~thout hm~tatlon, prowdmg, hauhng, or
dehvenng equipment or materials, or prowdmg labor, transporter;on, or
other serwce related to a project "Serwces" does not ~nclude act;wt;es
unrelated to the project, such as food/beverage vendors, office supply
dehvenes, and dehvery of portable to~lets
B The contractor shall provide coverage, based on proper reporting of
classification codes and payroll amounts and flhng of any overage
agreements, wh;ch meets the statutory requirements of Texas Labor
Code, Section 401 011 (44) for all employees of the Contractor prowd;ng
serwces on the project, for the duration of the project
C The Contractor must prowde a certificate of coverage to the
governmental entity pnor to being awarded the contract
D If the coverage per~od 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 per~od, file a new certificate of coverage
w~th the governmental entity showing that coverage has been extended
E The contractor shall obtain from each person providing serwces on a
project, and prowde to the governmental entity
(1) a certificate of coverage, prior to that person beginning work on the
project, so the governmental entity w~ll have on file certificates of
coverage showing coverage for all persons prowdmg 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, ~f 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 not~fy the governmental entity m writing by certified
ma~l or personal dehvery, w~th~n 10 days after the contractor knew or
should have known, of any change that mater~ally affects the prows~on
of coverage of any person prowd~ng services on the project
H The contractor shall post on each project s~te a not~ce, ~n the text, form
and manner prescribed by the Texas Workers' Compensation
Commission, mform~ng all persons prowd~ng 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 w~th whom ~t
contracts to provide services on a proJect, to
(1) prowde coverage, based on proper reporting of classification codes
and payroll amounts and fll~ng of any coverage agreements, which
meets the statutory requirements of Texas Labor Code, Section
401 011(44) for all of ~ts employees provid~ng serwces 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 ~s being
prowded for all employees of the person providing serwces on the
project, for the duration of the project,
(3) prowde the contractor, prmr to the end of the coverage per~od, a
new certificate of coverage showing extension of coverage, ~f the
coverage per~od shown on the current certificate of coverage ends
during the duration of the project,
(4) obtain from each other person w~th whom it contracts, and provide
to the contractor
(a) a certificate of coverage, prior to the other person beglnmng
work on the project, and
(b) a new certificate of coverage showing extension of coverage,
prior to the end of the coverage period, ~f the coverage per~od
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) not~fy the governmental entity ~n writing by certified ma~l or
personal delIvery, w~th~n 10 days after the person knew or should
have known, of any change that mater~ally affects the prows~on of
coverage of any person prowdmg serwces on the project, and
(7) contractually require each person w~th whom ~t contracts, to
perform as required by paragraphs (1) - (7), w~th the certificates of
coverage to be prowded to the person for whom they are prowdlng
services
I By s~gmng th~s contract or prowd~ng or causing to be prowded a
certificate of coverage, the contractor ~s representing to the
governmental entity that all employees of the contractor who w~ll
prowde services on the project w~ll be covered by workers' compensation
coverage for the duration of the project, that the coverage w~ll be based
on proper reporting of classification codes and payroll amounts, and that
all coverage agreements w~ll be filed w~th the appropriate insurance
carrIer or, ~n the case of a self-~nsured, w~th the commission's D~ws~on of
Self-Insurance Regulation Prowdmg false or m~slead~ng mformat~on may
subject the contractor to adm~mstrat~ve penalties, criminal penalties, clwl
penalties, or other clwl actions
J The contractor's failure to comply w~th any of these prows~ons ~s a
breach of contract by the contractor which ent~tles the governmental
entity to declare the contract void ~f the contractor does not remedy the
breach w~th~n ten days after receipt of not~ce of breach from the
governmental entity
BID SUlVllVIARY
TOTAL BID PRICE IN WORDS ~ ~,1%,~ ~,~*~ ~' ~{~-~'~
Zfl ~e event of ~e award of a cofl~act to ~e ~dersi~ed, ~e
undersigned will f~sh a perfo~ance bond and a pa~ent bond for
~e full ~ount of ~e contract, to se=e proper compliance wL~
~e te~s and provisions of ~e con~act, to ins~e and ~aran=ee
~e work ~til final ~ompletion and acceptance, ~d to ~aran=ee
pa~ent for all lawful cla~ for labor perfo~ed and materLals
furnished ~ ~e fulfillment of ~e contract.
It ~s understood ~at ~e work proposed to be done shall be
accepted, when fu11~ completed and finished in accordance wi~ ~e
plans and specificat~ons, to ~e sat~sfaction of ~e ~gineer.
The undersigned cer~i~ies that ~e bid prLces contained in ~;s
proposal have been carefully ~ecked and are submitted as correct
and final.
Unit and l~p-s~ prices as sho~ for each item listed In ~h~s
proposal, shall control over e~ensions.
~O~OR
Street Address
City and State
Seal & Authorization
(If a Co~oratio.) 97~'
Telephone
B - 1
Mayhill Waterline BID TABULATION SHEET Work Days 2.5
Bid No 2325
PO No
Item Umt Price Total
21 Contractors Warranties /LS
Umt Pnce In Words
13 Flexbese 29 lo ~.. /SY
Umt Pnce In Words
12-A Line 24 ~ · ';~ /LF
Umt Pnce In Words
2 12-B 12" Water Line 3148 ~o s_~ /LF
Umt Price In Words
12 8 2445
Umt Pnce In Words
13 12" Valves 3 /E.a
Umt Pnce In Words
14 6 /EA
Umt Pnce In Words
1 fRa
Umt Pnce In Words
10 3111
Umt Pnce In Words
10 7 4224
Umt Pnco In Words
12 Erosion Control /
Umt Pnce In Words
Umt Pnce In Words
4 40 $ 8o. 7, /LF
Umt Pnce In Words
11/30/08 P 3
Mayhill Waterline BID TABULATION SHEET Work Days 2.~
Bid No ~
PO No
Item Unit Price Total
1 Bamcades, and De, ours ~ /LS I~
Umt Pnce In Words
14 $ 2s~, - /LS $ 2~
Umt Price In Words
qP- 10 50 '== S"" -
Urdt Pnce In Words
3132 ;~ /LF $ ~8
Umt Price In Words
~P-39 2 R,~," /~A (,o~
Umt Pncc In Words
$ $
$ $
TOTAL I c,(,h 05~, ¢,..
1113198 P 4
IMPORTANT NOTICE
TO OBTAIN INFORMATION OR MAKE A COMPLAINT,
YOU MAY CONTACT THE TEXAS DEPARTMENT OF
INSURANCE TO OBTAIN INFOP~4ATION ON COMPANIES,
COVERAGES, RIGHTS OR COMPLAINTS AT
1-800-252-3439
YOU MAY WRITE THE TEXAS DEPARTMENT OF INSURANCE
P O 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 orgamzed and
extsnng under the laws of the State of TEXAS, and fully authorized to transact bus~ness ~n the
State of Texas, as Surety, are held and firmly bound unto the City of Denton, a mumclpal
corporation organized and ex~stmg under the laws of the State of Texas, heremafter called
Owner, m the penal sum of ONE ItLrNDRED SIX THOUSAND AND FIFTY NINE and
no/50 DOLLARS ($106,059 50) plus ten percent of the stated penal sum as an addmonal sum
of money representing additional court expenses, attorneys' fees, and liquidated damages
arising out of or connected w~th the below ~dentffied Contract, ~n lawful money of the Umted
States, to be paid in Denton County, Texas, for the payment of which sum well and truly to be
made, we hereby brad ourselves, our heirs, executors, adnnmstrators, 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 whmh ~ncreases 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, wlth the Cxty 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, condmons and agreements of said Contract ~n
accordance with the Plans, Specifications and Contract Documents during the original term
thereof and any extenmon thereof whmh may be granted by the Owner, w~th or w~thout not~ce
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, condltmns
and agreements of any and all duly authorized modifications of smd Contract that may
hereafter be made, not,ce of which modifications to the Surety being hereby waived, and, if the
Pnnclpal shall repair and/or replace all defects due to faulty materials and workmanship that
appear wxthm a period of one (1) year from the date of final completion and final acceptance of
the Work by the Owner, and, ~f the Principal shall fully indemnify and save harmless the
Owner from all costs and damages whmh Owner may suffer by reason of failure to so perform
herein and shall fully reunburse and repay Owner all outlay and expense which the Owner may
recur in making good any default or deficiency, then this obligation shall be void, otherwise, tt
shall remain in full force and effect
PB- 1
PROVIDED FURTHER, that if any legal action be filed upon this Bond, exclusxve
venue shall lie m Denton County, State of Texas
AND PROVIDED FURTHER, that the said Surety, for value received, hereby
stipulates and agrees that no change, extension of rune, alterauon or addition to the terms of
the Contract, or to the Work to be performed thereunder, or to the Plans, Specfficat~ons,
Drawings, etc, accompanying the same, shall m anywise affect its obhgatlon on this Bond,
and ~t does hereby waive notice of any such change, extension of nme, alteration or add~uon to
the terms of the Contract, or to the Work to be performed thereunder, or to the Plans,
Specifications, Drawings, etc
This Bond ~s given pursuant to the provisions of Chapter 2253 of the Texas
Government Code, as amended, and any other applicable statutes of the State of Texas
The undersigned and designated agent is hereby designated by the Surety hereto as the
Resident Agent in Denton County to whom any reqms~te notices may be delivered and on
whom service of process may be had m matters arising out of such suretysMp, as provided by
Artmle 7 19-1 of the Insurance Code, Vernon's Annotated Clwl Statutes of the State of Texas
IN WITNESS WHEREOF, thru instrument m executed in 4 copras, each one of wMgh
shall be deemed an original, this the 2 day of MARCH 1999.
ATTEST PRINCIPAL
DICKERSON CONSTRUCTION COMPANY, INC
BY
SECI~,ETARY ~ BY ~
~")IXI~ WITNESS SURETY
ATTORNEY-IN-FACT REGINA M CARTER
The Resident Agent of the Surety m Denton County, Texas for dehvery of notme and serwce
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 Remdent Agent ts not a
corporation, g~ve a person's name )
PB - 2
PAYMENT BOND
STATE OF TEXAS § BOND H0 61BCSAA1822
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS That DICKERSON CONSTRUCTION,
CO, INC, whose address ts P.O. BOX 181, CELINA, TX 75009, hereinafter called
Pnnclpal, and HARTFORD FIRE INSURANCE COMPANY , a corporation organLzed and
exmtlng under the laws of the State of TEXAS, and fully anthonzed to transact business ~n the
State of Texas, as Surety, are held and ftrmly bound unto the Cxty of Denton, a mumctpal
corporation orgamzed and exxstmg under the laws of the State of Texas, hereinafter called
Owner, and unto all persons, firms, and corporations who may furmsh materials for, or
perform labor upon, the building or nnprovements hereinafter referred to, m the penal sum of
ONE HUNDRED SIX THOUSAND AND FIFTY NINE and no/SO DOLLARS
($106,059.$0) m lawful money of the United States, to be prod m Denton, County, Texas, for
the payment of wfuch sum well and truly to be made, we hereby brad ourselves, our he,rs,
executors, adnnmstrators, successors, and assigns, jointly and severally, firmly by these
presents Thru Bond shall automatmally be increased by the amount of any Change Order or
Supplemental Agreement wMch increases the Contract prme, but m no event shall a Change
Order or Supplemental Agreement whmh reduces the Contract price decrease the penal sum
th~s Bond
THE OBLIGATION TO PAY SAME is conditioned as follows Whereas, the Principal
entered rote a certain Contract, Mentffied by Ordinance Number 99-060, w~th the Cxty of
Denton, the Owner, dated the 2 day of MARCH A.D 1999, a copy of whmh xs hereto
attached and made a part hereof, for BID # 2325 - MAYHILL 12" WATERLINE.
NOW, THEREFORE, if the Principal shall well, truly and fmthfully perform xts duties
and make prompt payment to all persons, firms, subcontractors, corporatxons and claLmants
supplyxng labor and/or material m the prosecution of the Work prowded for m smd Contract
and any and all duly authorized modfficat:ons of smd Contract that may hereafter be made,
notme of which modfficat~ons to the Surety being hereby expressly wa;ved, then this obhgatlon
shall be void, otherwme ~t shall remain ~n full force and effect
PROVIDED FURTHER, that ff any legal action be filed on tMs Bond, exclusive venue
shall he m Denton County, Texas
AND PROVIDED FURTHER, that the sam Surety, for value received, hereby
snpulates and agrees that no change, extension of time, alterauon or addmon to the terms of
the Contract, or to the Work to be performed thereunder, or to the Plans, Spemficanons,
Drawings, etc, accompanying the same, shall m anywise affect ~ts obhgat~on on th~s Bond,
and ~t does hereby wmve notme of any such change, extension of t~me, alteration or addition to
the terms of the Contract, or to the Work to be performed thereunder, or to the Plans,
Specfficat~ons, Drawings, etc
PB - 3
Th~s Bond ~s given pursuant to the provisions of Chapter 2253 of the Texas
Government Code, as amended, and any other applicable statutes of the State of Texas
The undersigned and designated agent is hereby destgnated by the Surety hereto as the
Resident Agent m Denton County to whom any reqms~te notices may be dehvered anti on
whom serwce of process may be had m matters arming out of such suretyship, as prowded by
Article 7 19-I of the Insurance Code, Vernon's Annotated C~wl Statutes of the State of Texas
IN WITNESS WltEREOF, th~s instrument is executed m 4 cop~es, each one of which
shall be deemed an original, th~s the 2 day of MARCH 1999
ATTEST PRINCIPAL
DICKERSON CONSTRUCTION COMPANY, INC
SE(IoRETAR~ -- BY PRESIDENT
WITNESS SURETY
BY~~.~ ~ff~ HARTFORD ~r-')RE I NSURANCE.6'0MPANY
RO~LYN D H~ELL -
XTT~NEY-IN-FACT-- REGinA M
CARTER
The Resident Agent of the Surety ,n Denton County, Texas for delivery of notme and serwce
of the process m
NAME, P C L INSURANCE AGENCY, INC
STREET ADDR.ESS 206 ELM STREET, STE 105, LEWISVILLE, TEXAS 75067
(NOTE Date of Payment Bond must be date of Contract If Restdent Agent ts not a
corporatton, gtve a person's name )
2325 CONTRACT&BONDS&INSURANCE
PB-4
HARTFORD FIRE INSURANCE COMPANY
Hartford, Conneotlout
POWER OF ATTORNEY
Know all men by rheas Presents, That the HARTFORD FIRE INEURANCE COMPANY a corporation duly orpon~.ed
under the laws of tho Etate of Connecticut end having ~ principal office in the City of Hartford County of Hartford State of Connecticut
does hereby make cenutltute and appoint
BRUCE C DetH~, ~DWARD L MOOR~ REGINA M C_.ARTR~ ROSALY~VD HA~£LL
and DA VID R. GROPt~LL o£ HU~BI~ TED~
its tree al~d lawful Aitomey(a) In Fact with full power and authedty to each of said Attomey(a) in Fact in their separate capacity ~f mom
than one la named aheva, to sign exempts and eslmowledge any and all bonds end undertakings and other writings obligatory in the
nature thereof on behalf of the Company in its business of guamntesing the fidelity of pomona holding places of public or pdvato trust
guamntei~ing the padoonance of contmc~ other than Insurance policies guaranteeing the purthrmance of insurance contracts where
surety bclnda are acoapted by states and municipalities, and exe~uting or guaranteeing bonds and undertakings required or permitted ~n
all actions or proceedings or by law allowed, and to bind the HARTFORD FIRE INSURANCE COMPANY thereby as fully and to the
same extent aa If ouch bands and undertakthga and ofhar writings obligatory in the nature thereof were signed by an Executive Officer of
the HARTFORD FIRE INBURANCE COMPANY and esaled and attested by one other of such Officers and hereby ratifies and co~flrma
all that ~ said Attomay(a)-in Fact may do in pursuance hereof
This power of attorney ia granted by and under authority of the tolthw~ng pmvibions
(1) By Laws adopted by the 8fockhutdara of the HARTFORD FIRE INSURANCE COMPANY at a meeting duty cal~ed and held on
the ath dtty of March, 1971
ARTICLE IV
Prelkieat~ ~ldent Ase~tent 8e~atades and Attomnyl.lr~Faat and st any time to remove any such Resident Vlce-Pmatbent Relkient Asalatant
Thta power of attorney is cigned and esuted by fasalmlls under and by the euthordy of the following Resolution adopted by the
Directom of the HARTFORD FIRE INEURANCE COMPANY at a meeting duly called and hbid on the 12th day of February 19~3
In Witness Whaveof, the HARTFORD FIRE INBURANCE COMPANY hea ceuesd these pre~enta to be a~lnnd by its Vice-
Precident end Its corporate seal to he bemto affixed, duly atteuted by its Secretary this I st day of May 1995
Attelt. NARTFORD FlEE INSURANCE COMPANY
8TATI~ OF CONNECTICUT ~ m, Paul L Mombatla
COUNTY OF HARTFORD~ Vies-President
On this l~t day of May, A D 1995 hefore me personally came Paul L Marabella to me known who being by me duly swam did depose
and say ~ that he resides In the County of He,fiord, Btate of Connecticut that he ~a the Vtoe-Prealdent of the HARTFORD FIRE
INSURANCE COMPANY, the corporation described In end which exm~tad the above instrument, that be knows the esbi of the ~atd
corporation, that the aaa) affixed to tho saM inutmment IS ouch ceq~omta seal that it was so aff'~ed by o~er of the Board of Dlrectom of
~aid colporeflon and that he algnnd his name thereto by like ardor
ORR~FIOATE
I, tho undemignnd, Beomtory of the HARTFORD FiRE INEURANCE COMPANY a Connecticut Oorporetion DO HEREBY
CERTIFY that tho fore0ct r~ and attached POWER OF A'~I'ORNEY remelce in full force and hes not been revoked and furthermore that
the Resolu9ona of tho Bo~rd of DIreotore, set fo~th In tho Power of Affomey are now in foroa
Signed and esbind at the C~ of Harlford Dated the 2ND day of MARCH 19 99
PID NS 03/10/99
ACORD.CERTIFICATE OF LIABILITY INSURANC c 21
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Elsey & Associates ONLYANDCONFERSNORIGHTSUPONTHECERTIFICATE
Surety/Insurance Agency, Inc HOLDER THIS CERTIFICATE DOES NOT AMEND EXTEND OR
1820 W~ll Clayto~ Pkw~ ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW
Humble TX 77338 COMPANIESAFFORD~NGCOVERAGE
Edward L Moore COMPANY
A National American Insurance
p~0ne N0 281-540-1555 FaxN0 281-540--7419
B
D~ckerson Construction Company COMPANY
Inc & Lew~s D~ckerson, Ind~v C
P O Box 181 I COMPANY
Celmna TX 75009 I D
COVERAGES
LTRCO i TYPE 0F INSUPJ~NCE i POLICY NUMBER DATE (MI~DOWY} I DATE (MM/DD/YY)
A ~ ANY AUTO AUl1764421 09/01/98 09/01/99 ;OMBINED SINGLE LIMIT _ $ 1,000,000
(Per person)
I$
DESCRIPTION OF OPERATIONS/LOCATIONSNEHIC LES/SPECIAL ITEMS
Bad #2325 - N~yh~ll Waterline Th.e C[.~_~o~ Den~ogz_k_~_~.Off~c~, Agents,
CANCELLATION WORDING ATTACHED
CERTIFICATE HOLDER CANCELLATION SEE ATTACHED SPECIAL WORDING
DENTON1
CITY OF DENTON
215 E McKxnney
Denton TX 76201 ~)~u~qU~
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
DATE (MMIDD/YY)
3/9/1999
THIS CERTIFICATE IS ISSUED AS A MAI it:~ OF INFORMATION
PRODUCER 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 COMPANIES AFFORDING COVERAGE
COMPANY OLD REPUBLIC LLOYDS OF TEXAS
A
INSURED DICKERSON CONSTRUCTION COMPANY, INC COMPANY
P O BOX 181 B OLD REPUBLIC INSURANCE COMPANY
CELINA TEXAS 75009 COMPANY
C
COMPANY
D
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE iNSURED NAMED ABOVE FOR THE POLICY PERIOD
iNDICATED NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED 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
POLICY EFFECTIVE POLICY EXPIRATION LIMITS
TYPE OF )NSURANCE POLICY NUMBER DATE (MMIDD/YY) DATE (MMIDD/YY}
GENERAL AGGREGATE $ 2 000 000
.IABIL)TY TCP-4464234** 03-05 99 03-05-2000 --
3OMMERClAL GENERAL LIABILITY PRODUCTS COMPIOPAGG $ 2~000000
CLAIMS MADE ~] OCCUR PERSONAL & ADV INJURY $ 1 ~000,000
OWNER 8 & CONTRACTOR S PROT ~ACH OCCURRENCE 1 000[0~00 _
FIRE DAMAGE (Any one fire) ~ 100 000
MED EXP IA~y one person) 5 000
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
ANY AUTO --
ALL OWNED AUTOS BODILY iNJURY
'er person)
SCHEDULED AUTOS
HIRED AUTOS BODILY tN JURY
NON OWNED AUTOS
PROPERTY DAMAGE
GARAGE LIABILITY AUTO ONLY EA ACCIDENT $
OTHER THAN AUTO ONLY
ANY AUTO
EACH ACCIDENT
AGGREGATE $
EXCESS LIABILITY EACH OCCURRENCE $
UMBRELLA FORM AGGREGATE
MBRELLA FORM
WORKERSCOMPENSAT~ON^ND -1463525 * 03 05-99 03 05 2000 X I TOR~UM~S
ER
EMPLOYERS LtABILITY iL EACH ACCIDENT 500 000
THE PROPRIETOR/ EL DISEASE POLICY LIMIT 500 000
pARTNERS/EXECUTIVE EL DISEASE EA EMPLOYEE 500 000
OFFICERS ARE
OTHER
JOB MAYtilLL ~INE
POLICIES ENDODRSED TO PROVIDE *WAIVER OF SUBROGATION & **ADDITIONAL INSURED IN FAVOR OF THE CERTIFICATE
HOLDER IF THERE IS A WRI~EN CONTRACT BE~EEN 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 WRI~EN NOTICE TO CERTIFICATE HOLDER)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
UFFIbI~L~ mU~I~--~~EI~IA/O,A~CMTQ EXPIATION DATE THEREOF THE ISSUING COMPANY ~LL END~VOR TO MNL
CI~
OF
DENTON
iTS
EMPLOYEES & VOLUNTEERS' 30 DAYS WRITTEN NOTICETO THECERTIFICATEHOLDERNAMEDTO THE LEFT
215 EAST MCKINNEY BUT FAILURE TO MAiL SUCH NOTICE SHALL IMPOSE NO OBLIGA~ON OR LIABILIW
DENTON TE~S76201 OF ANY KIND UPON THE COMPANY S AGE ~ OR~RESENTATIVES
~GR