1999-150 O OINANCE NO
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING i PUBLIC WORKS
CONTRACT FOR TIlE CONSTRUCTION OF EIGHT ROAD BORING PROJECTS,
PROVIDING FOR TIlE 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 sohclted, and recmved competitive sealed bids for the construction
of public works or improvements m accordance with the procedures of STATE law and City
ordinances, and
WHEREAS, the C~ty Manager or a designated employee has received and recommended that
the herein described Nds are the lowest respondent for the construction of the publ,c works or
~mprovements described tn the Nd invitation, and plans and specfficat~ons thereto, NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the following competmve sealed bid for the construction ofpublac works
or improvements, as described in the "Sealed Bid Invttat~ons", or plans and specfficatlons on file in
the Office of the City's Purchasing Agent filed accordtng to the proposal number assigned hereto,
are hereby accepted and approved as betng the lowest responsible Nds
BID
NUMBER CONTRACTOR AMOUNT
2354 DICKERSON CONSTRUCTION CO, INC $138,185
SECTION II That the acceptance and approval of the above competlttve sealed bid shall
not constitute a contract between the City and the person submitting the Nd for construction of such
pubhc works or improvements herren accepted and approved, until such person shall comply with
all reqmrements specified in the Notice to Bidders including the timely execution of a written
contract and furmsNng of performance and payment bonds, and ~nsurance certfficate after
notification of the award of the bid
~ That the Ctty Manager ts hereby authorized to execute all necessary written
contracts for the performance of the constmctton of the pubhc works or improvements ~n accordance
with the bids accepted and approved herein, provided that such contracts are made in accordance
w~th the Nottce to Bidders and Request for Sealed Bids, and documents relating thereto spemfytng
the terms, condttlons, plans and spemficat~ons, standards, quantities and specified sums contained
therein
SECTION IV That upon acceptance and approval of the above compet~ttve sealed b~ds and
the execution of contracts for the public works and ~mprovements as authorized here~n, the C~ty
Council hereby authorizes the expend~tm'e of funds m the manner and ~n the amount as specffied m
such approved bids and authorized contracts executed pursuant thereto
SI~CTION V That tl'us ordinance shall become effective ~mmedmtely upon ~ts passage and
approval
PASSED AND APPROVED this the //f ~--~ day of ~ff'/~-- .1999
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
BID 2354 - CONTRACTUAL ORDINANCE
CONTRACT AGREEMENT
STATE OF TEXAS §
COUNTY OF DENTON §
THIS AGREEMENT, made and entered ~nto thxs 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, C~ty Manager, thereunto duly authorized so to do, hereinafter termed
"OWNER," and
DICKERSON CONSTRUCTION CO , INC
P.O. BOX 181
CELINA, TX 75209
of the C~ty of CELINA County of COLLIN and State of TEXAS, hereinafter termed
"CONTRACTOR"
WITNESSETH That for and m consideration of the payments and agreements
hereinafter mentxoned, to be made and performed by OWNER, and under the conditions
expressed in the bonds attached hereto, CONTRACTOR hereby agrees w~th 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 m the General Cond~txons of the agreement, and at h~s (or their) own proper cost and
expense to furmsh all materials, supphes, machinery, equipment, tools, superintendence,
labor, insurance, and other accessories and serwces necessary to complete the work specified
above, m accordance w~th the conditions and prices stated in the Proposal attached hereto, and
in accordance w~th all the General Cond~tions of the Agreement, the Special Conditions, the
Notice to Bidders (Advertisement for Bids), Instructions to B~dders, and the Performance and
Payment Bonds, all attached hereto, and ~n
CA- I
accordance with the plans, which tncludes all maps, plats, blueprtnts, and other drawtngs and
printed or written explanatory matter thereof, and the Spectflcations 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 ts 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 Ctty
employee benefit City shall not have superviston and control of Contractor or any employee
of Contractor, and it ts expressly understood that Contractor shall perform the services
hereunder according to the attached specifications at the general direction of the Ctty Manager
of the City of Denton, Texas, or hts designee under this agreement
Indemmfication
Contractor shall and does hereby agree to mdemmfy 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, omlsston or negligent act of Contractor,
tts officers, agents, employees, mvltees, and other persons for whom tt is legally hable, wtth
regard to the performance of this Agreement, and Contractor wtll, at tts cost and expense,
defend and protect the City of Denton against any and all such clatms and demands
Choice of Law and Venue
This agreement shall be governed by the law of the State of Texas and venue for its
constructton and enforcement shall l~e m 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 in written notice to commence work and complete all work
within the time stated tn the Proposal, subject to such extensions of ttme as are provtded by the
General and Special Cond~tions
The OWNER agrees to pay the CONTRACTOR in current funds the price or prices
shown tn the Proposal, which forms a part of th;s contract, such payments to be subject to the
General and Spectal 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
ATTEST '
MAILING ADDRESS
PHONE NUMBER
FAX NUMBER
TITLE
/~ (SEAL)
CITY ATTORNEY ~ /
CA - 3
IMPORTANT NOTICE
TO OBTAIN INFOP~4ATION 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.O BOX 149104
AUSTIN, TEXAS 78714-9104
FAX # (512) 475-1771
PREMIUM OR CLAIM DISPUTES
SHOULD YOU HAVE A DISPUTE CONCERNING YOUR PREMIUM ORABOUT 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 ~s P O. BOX 181 CELINA, TX 75209, hereinafter called
Principal, and HARTFORD FIRE INSURANCE COMPANY a corporation orgamzed and
ex~stmg under the laws of the State of TEXAS, and fully authorized to transact business m the
State of Texas, as Surety, are held and firmly bound unto the C~ty of Denton, a mumc~pal
corporation orgamzed and exmtmg under the laws of the State of Texas, hereinafter called
Owner, m 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 hquldated damages arising out of or connected w~th the below ldentdied Contract, m
lawful money of the Umted States, to be prod m Denton County, Texas, for the payment of
which sum well and truly to be made, we hereby brad ourselves, our he,rs, executors,
adrmmstrators, successors, and assigns, jointly and severally, firmly by these presents Th~s
Bond shall automatically be increased by the amount of any Change Order or Supplemental
Agreement which increases the Contract price, but m no event shall a Change Order or
Supplemental Agreement whmh reduces the Contract price decrease the penal sum of tfus
Bond
THE OBLIGATION TO PAY SAME ~s conditioned as follows Whereas, the Principal
entered into a certain Contract, ~dentdied by Ordinance Number 99-150, w~th the C~ty of
Denton, the Owner, dated the 11 day of MAY A.D 1999, a copy of which ~s hereto attached
and made a part hereof, for BID # 2354 - ROAD BORE PROJECTS FOR ELECTRICAL
CROSSINGS.
NOW, THEREFORE, ~f the Principal shall well, truly and faithfully perform and fulfill
all of the undertakings, covenants, terms, conditions and agreements of said Contract ~n
accordance w~th the Plans, Specdicat~ons and Contract Documents during the original term
thereof and any extension thereof whmh may be granted by the Owner, w~th or w~thout not,ce
to the Surety, and during the hfe of any guaranty or warranty required under th~s 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, not~ce of whmh moddmat~ons to the Surety being hereby waived, and, ~f the
Principal shall repair and/or replace all defects due to faulty matermls and workmanship that
appear w~th~n a per~od 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 mdemmfy and save harmless the
Owner from all costs and damages whmh Owner may suffer by reason of fadure to so perform
here~n and shall fully reimburse and repay Owner all outlay and expense which the Owner may
incur ;n making good any default or deficiency, then th~s obhgatlon shall be void, otherwise, ~t
shall remmn ~n full force and effect
PB- 1
PROVIDED FURTHER, that If any legal action be filed upon this Bond, exclusive
venue shall lie in Denton County, State of Texas
AND PROVIDED FURTHER, that the said Surety, for value received, hereby
stipulates and agrees that no change, extension of 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 ~ts obhgauon on this Bond,
and it does hereby waive notice of any such change, extension of tn'ne, alterauon or add,non to
the terms of the Contract, or to the Work to be performed thereunder, or to the Plans,
Specifications, Drawmgs, 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 m hereby designated by the Surety here~n as the
Resident Agent m Denton County to whom any requisite notices may be delivered and on
whom servme of process may be had m 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 whmh
shall be deemed an original, this the 11 day of MAY 1999.
ATTEST PRINCIPAL
~ DICKERSON CONSTRUCTION COMPANY, INC
BY
-PRESIDENT
Y~fI'~gql~ ~ WITNESS SURETY
HARTFORD/F~IRE INSURAN~CE ~COMPANY
NANCY -- -
ATTO~dqEY-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 AOENCY, INC
STREET ADDRI~SS 206 ELM STREET, STE 105, LEWISVILLE, TEXAS 75067
(NOTE Date of Performance Bond must be date of Contract If Resident Agent ts not a
corporation, gtve 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 INSt/RhNCE 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) m 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, admlmstrators, 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 Pnnclpal
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 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 tnne, alteration or addmon to
the terms of the Contract, or to the Work to be performed thereunder, or to the Plans,
Specifications, Drawings, etc
PB ~ 3
Th~s Bond ~s gzven pursuant to the prows~ons of Chapter 2253 of the Texas
Government Code, as amended, and any other apphcable statutes of the State of Texas
The undersigned and designated agent zs hereby destgnated by the Surety hereto as the
Resident Agent m Denton County to whom any requisite notices may be dehvered and on
whom serwce of process may be had ~n matters ar~smg out of such suretyship, as prowded by
Artmle 7 19-1 of the Insurance Code, Vernon's Annotated Czvfl Statutes of the State of Texas
IN WITNESS WHEREOF, th~s instrument is executed ~n 4 copies, each one of which
shall be deemed an original, th~s the 11 day of MAY 1999
ATTEST PRINCIPAL
%
B SF~RETA~ BY -PRESIDENT
~ ]~{~L~( WITNESS SURETY
BY ~ ~ ~e~[tal ' HARTFORD~FIRE INSUrRANC~E COMPANY
ATT(~IqEY-IN-FACT REGINA M CARTER
The Resident Agent of the Surety m Denton County, Texas for dehvery of not~ce and serwce
of the process ~s
NAME P C L INSURANCE AGENCY, INC
STREET ADDRESS 2o6 ELM STREET, STE 105, LEWISVILLE, TEXAS 75067
(NOTE Date of Payment Bond must be date of Contract If Restdent Agent ts not a
corporatton, give a person's name )
2354 CONTRACT&BONDS&INSURANCE
PB - 4
HARTFORD FIRE INSURANCE COMPANY
Hartford, Connecticut
POWER OF ATTORNEY
Know all men by these Present~, That the HARTFORD FIRE INSURANCE COMPANY a corporaben duly organized
under the laws of the State of Conneckcut and having its pdnc4pel office m the City of Hartford County of Her[ford State of Connecticut
does hereby make constitute and appoint
BRUCE C D~HART, EDWARD I. SdOOKE, REGINA Sd CARTER~ ROSAL YlV D HASS£LL
and DA VID K GROPPE£L of HU~IBLE, TEXAS
its true and lawful Attorney(s) m Fact wJth full power and authodty to each of sa~d Attomey(s)-m-Fact ~n their separate capacity if more
than one is named above to a~gn execrate and acknowledge any and all bends and undertakings and other writings obhgatory m the
nature thereof on behalf of the Company m its business of guaractsemg the I~dei~ty of persons beldmg places of public or pnvats trust
guaranteeing the performance of contracts other than insurance I~Ohc~ex guaranteeing the peHormance of insurance contracts where
surety bonds are accepted by states and municlpatifles and executing or guaractsemg bonds and undertakings required or permdted m
all actions er proceedings or by taw allowed, and to b~nd the HARTFORD FIRE INSURANCE COMPANY thereby as fully and to the
same extent as tt such bonds and undertsklngs and other writings obligatory ~n the nature thereof were s~gned by an Execuhve Officer of
the HARTFORD FIRE INSURANCE COMPANY and saatad and attested by one other of such Officers and hereby ratifies and confirms
all that its said Attorney(a) in-Fact rr~y do m pursuance hereof
This power of attorney ~s granted by and under authchty of the fei[orang prowmons
(1) By Laws adopted by the Stockholders of the HARTFORD FIRE INSURANCE COMPANY at a msahng duly called and held on
the thh day of Maroh 1971
ARTICLE IV
SECTION 8 The President or any Vice-President, a~lng with any Secretary or Assistant Secretary shall have power and authority to appoint for
This power of att0mey ia signed and sealed by face,mile under and by the authority of the follovang Reso[ubon adopted by the
D~rectore of the HARTFORD FIRE INSURANCE COMPANY at a meabng duly caitsd and held on the 12th day of February 1993
th Wlthsae Whereof the HARTFORD FIRE INSURANCE COMPANY has caused ~hesa presents to be mgned by ds Vice-
President and its corporate seal to be hereto affixed, duly attsatod by its Secretory th~s 1st day of May 1995
HARTFORD RRE INSURANCE COMPANY
STATE OF CONNECTICUT
I Pau~ L Marabella
COUNTY OF HARTFORD Vice-Pm~ldent
On tths 1M day of May A D 1995 before me personally came Paul L MaraboIla to me known who being by me duly owom did depose
and say that he resides in the County of Hartford, State of Conne~cut, that he ~s the Vice-President of the HARTFORD FiRE
iNSURANCE COMPANY the ooq~oratJon dexchbed In and which executed the above ~nstrument that he knows the seal of the said
corporation that the seal affixed to the sa~d instrument is such corporate seal that it was so affixed by order of the Board of Directors of
said corporaiton and that he signed his name thereto by like order
COUNTY OF HARTFORD ~ ~=
CERllFICATE
I the undersigned, Secretary oftha HARTFORD FIRE INSURANCE COMPANY a Connecticut Coqx)ration DO HEREBY
CERTIFY that the foregoing and attached POVVER OF ATTORNEY remains In full force and has not been revoked and forthermora that
the Resolugona of the Board of Directors sat forth in the Power of Attorney are now m force
Signed and sealed at the City of Hartford Dated the ~- ! TH day of NAY 19 99
PID N 06/01/99
ACORD.CERTIFICATE OF LIABILITY INSURANCE%,ic , DATE(M~UD/YY)
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Elsey & Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Surety/Insurance Agency, Inc HOLDER THIS CERTIFICATE DOES NOTAMEND EXTEND OR
882 0 W~ll Clayton~ Pkw~ ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW
Humble TX 77338 COMPANIES AFFORDING COVERAGE
PhoneN0 281--540--1555 P~xNo 281--540-7419 A National American Insurance
INSURED COMPANY
B
Inc & Lewms Dickerson, Indav C
P O Box 181 COMPANY
Cel~na TX 75009 D
COVERAGES
I CLAIMSMADE [] OCCUR PERSONAL&ADVINJURY $
A X ANYAUTO AUl1764421 09/01/98 09/01/99
WORKERS COMPENSATION AND I TORY LIMITS I IOE1RH
I
DESCRIPTION OF OPERAT~ONS/LOCATIONSNEHICLE~/SPEClAL ITEMS
~E BID~2354,ROAD BO~E PROJECTS FOR EL~.CTRICAL CROSSINGS Certificate holder
~s named as Additional Insured This insurance ~s p. rlmary
*non-renewe~ or mater~ally changed
CERTIFICATE HOLDER CANCELLATION
Volunteers
221 N Elm
Denton, TX 76201
~--~ =~,~, 5/24/1999
pR~)DUCE~A E IS ISSUED AS A MATTER OF INFORMATION
I ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
EMPL~RTIFICAT_E__D_OE_S _N..OT_..~_MEN_D, EXTEND OR
'123 N CROCKETT STE 600 ~LTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
SHERMAN, TEXAS 75090 COMPAN ES AFFORDING COVERAGE
COMPANY
A OLD REPUBLIC LLOYDS OF TEXAS
INSURED DICKERSON CONSTRUCTION COMPANY INC COMPANY
P O BOX 181 S OLD REPUBLIC INSURANCE COMPANY
CELINA TEXAS 75009 COMPANY
C
COMPANY
D
THiS iS TO CE~O INSURANCE LISTED BELOW HAVE SEEN ISSUED TO THE INSURED NAMED ABOVE FO THE POLIC
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 INSURANCE POLICY NUMBER DATE (MM/DDrYY') DATE (M MIDDIYY)
TCP-4464234* 03-05-99 03-05-2000 GENER~*,L AGGREGATE 2,000,000
COMMERCIAL GENERAL LIABILITY PRODUCTS COMPIOP AGG 2~000 000
-- CLAIMSMADE ~OCCUR PERSONAL&ADVINJURY $ 1~000 000
OWNER S & CONTRACTOR S PROT EACH OCCURRENCE ~ 1,000 000
BROAD FORM PD FIREOAMAGE (Anyoner,~e) ~ 100~000
XCU EXCL REMOVED MHD EXP (Any one person) $ 5 000
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
ANY AUTO
ALL OWNED AUTOS BODILY INJURY
SCHEDULED AUTOS (Per person)
HIRED AUTOS BODILY INJURY
NON OWNED AUTOS Per accident)
PROPERTY DAMAGE
GARAGE LIABILITY AUTO ONLY EA ACCIDENT
ANY AUTO OTHER THAN AUTO ONLY
EACH ACCIDENT
AGGREGATE
EXCESS LIABILITY EACH OCCURRENCE
UMBRELLA FORM AGGREGATE
OTHER THAN UMBRELLA FORM
WORKE[R S COMPENSA~nON AND 03-05-99 03-05-2000 X I ~O"VUM'TS
EMPLOYERS LIABILITY EL EACH ACDIDENT $ 500~000
THE PROPRIETOR/ EL DiE[EASE POLICY LIMIT $ 500 000
P^RTNER~EXECUTIV~ EL DISEASE EA EMPLOYEE $ 500 000
OTHER
SHOULD ANY OF THE DESCRIBED POLICIE; BE CANCEL] ,ED , NON REIkWED OR REDUCTION IN
COVERAGE BEFORE EXPIRATION DATE THERD ~ THE ISSl'ING COMPAN' WILL SEND 30 DAYS
WRITTEN NOTICE TO CERTIFICATE HOLDER
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
BHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
CiTY OF DENTON, ITS OFFICIALS AGENTS, EXPIRATION DATE THEREOF THE ISSUING COMPANY WILL ~1~ MAIL
EMPLOYEES & VOLUNTEERS 30 DAYS WRITTEN NOTICE TO THE[ CERTIFICATE HOLDER NAMED TO THE LEFT
215 EAST MCKINNEY ~f~K~r~Y~:e3r~:~tf~c~~m,3~a~x~¢~
DENTON TX 7S201
AUTHORIZED REPRESENTATIVE
GARY JEFFERIE
ACdRD
SUBJECT: INSURANCE REQUIREMENTS
The ansurance certificate cancellal~on 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 ~
DA Y$ WRITTEN NOTICE TO THE CERTIFICATE HOLDER.
The standard ACORD FOR~ wor~hng is not acceptable; at must read exact/y as
above.
CITY OF DENTON
INSURANCE REQUIREMENTS FOR CONTRACTORS
Btdder's attentton ts &rected to the ~nsurance requtrements below It ts htghly recommended
that btdders confer wtth thetr respecttve insurance carriers or brokers to determtne tn
advance of Btd submtsston the avatlabdtty of tnsurance certtficates and endorsements as
prescnbed and provtded herein If an apparent low btdder finis to comply stnctly wtth the
insurance requtrements, that btdder may be dtsquahfied from award of the contract Upon
btd award, all tnsurance requtrements shall become contractual obhgattons, which 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 unttl the contracted work has been completed and accepted by the
Ctty of Denton, Owner, the mtmmum tnsurance coverage as tndtcated heretnafler
As soon as practtcable after nottficatton of btd award, Contractor shall file wtth the
Purchastng Department satisfactory certtficates of tnsurance, contatntng the btd number and
tttle of the project Contractor may, upon written request to the Purchastng Department, ask
for clartficatton of any tnsurance requtrements at any trine, however, Contractors are strongly
advtsed to make such requests prtor to bid opemng, stnce the tnsurance requtrements may not
be mo&fled or watved after btd opentng unless a wrttten exceptton has been submttted wtth the
bid Contractor shall not commence any work or dehver any material unttl he or she
receives nottficatton that the contract has been accepted, approved, and stgned by the Ctty of
Denton
All tnsurance pohctes proposed or obtatned tn sattsfactton of these requtrements shall comply
wtth the followtng general spectficattons, and shall be matntatned tn comphance wtth these
general spectficattons throughout the duratton of the Contract, or longer, tf so noted
· Each pohcy shall be ~ssued by a company authorized to do business tn the State of
Texas w~th an A M Best Company rating of at least A
· Any deductibles or self-insured retentions shall be declared tn the b~d proposal If
requested by the C~ty, the insurer shall reduce or ehmmate such deductibles or
self-insured retentions w~th respect to the Ctty, tts
offictals, agents, employees and volunteers, or, the contractor shall procure a bond
guaranteetng payment of losses and related ~nvest~gat~ons, claim admm~stratton and
defense expenses
· L~ab~hty pohc~es shall be endorsed to prowde the following
Name as additional tnsured the C~ty of Denton, ~ts Officials, Agents,
Employees and volunteers
** That such insurance :s prtmary to any other msurance available to the
addltmnal insured with respect to claims covered under the pohcy and that
this insurance apphes separately to each insured agamst whom clmm xs made
or suit is brought The mclusmn of more than one ~nsured shall not operate
to increase the insurer's lmut of hablhty
· All policies shall be endorsed to prowde thirty (30) days prior wmten not,ce of
cancellation, non-renewal or reduction in coverage
* Should any of the required insurance be provided under a clmms-made form,
Contractor shall maintain such coverage continuously throughout the term of th:s
contract and, w~thout lapse, for a period of three years beyond the contract
expiration, such that occurrences arising during the contract term wh;ch g~ve nsc
to clan'ns made after exptratmn of the contract shall be covered
* Should any of the required insurance be prowded under a form of coverage that
includes a general annual aggregate hmlt prowdlng for clmms investigation or legal
defense costs to be included m the general annual aggregate hm~t, the Contractor
shall either double the occurrence hm~ts or obtain Owners and Contractors
Protective L~abfi~ty Insurance
· Should any reqmred insurance lapse dunng 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, C~ty may, at ~ts sole option,
termmate this agreement effective on the date of the lapse
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS
All tnsurance pohcles proposed or obtmned tn sattsfactton of thts Contract shall addtttonally
comply with the followtng marked spectficattons, and shall be matntatned tn comphance wtth
these addtttonal spectficattons throughout the duratton of the Contract, or longer, tf so noted
[Xl A General Liability Insurance:
General Liability ~nsurance with combined s~ngle hm~ts of not less than 1,000,000
shall be prowded and maintained by the Contractor The policy shali be written
~n an occurrence bas~s e~ther ~n a s~ngle pohcy or ~n a comb~nanon of underlying
and umbrella or excess policies
If the Conunerc~al General Llabthty form (ISO Form CG 0001 current edition) ~s
used
· Coverage A shall ~nclude premises, operations, products, and completed
operanons, ~ndependent contractors, contractual habihty covenng this
contract and broad form property damage coverage
· Coverage B shall ~nclude personal injury
· Coverage C, medical payments, ~s not reqmred
If the Comprehensive General Liability form (ISO Form GL 0002 Current Edmon
and ISO Form GL 0404) ~s used, it shall include at least
· Bodily injury and Property Damage L~abdlty for premises, operations, products
and completed operations, independent contractors and property damage
resulting from explosion, collapse or underground (XCU) exposures
· Broad form contractual habflity (preferably by endorsement) covenng this
contract, personal injury habihty and broad form property damage
hablbty
IX] Automobile Lmblhty Insurance:
Contractor shall provide Commercial Automobile L~ablhty insurance w~th Combined
Single Lumts (CSL) of not less than 500,000 e~ther m a single pohcy or m a
combination of basic and umbrella or excess policies The pohcy will ~nclude bodily
~njury and property damage lxabthty arising out of the operation, maintenance and use
of all automobiles and mobile eqmpment used m conjunction w~th th~s contract
Satisfaction of the above requncement shall be ~n the form of a pohcy endorsement for
· any auto, or
· all owned, h~red and non-owned autos
IX] Workers Compensation Insurance
Contractor shall purchase and maintain Worker's Compensation insurance which, ~n
addmon to meeting the m~mmum statutory requirements for ~ssuance of such ~nsurance,
has Employer's L~abfllty lumts of at least $100,000 for each accident, $100,000 per
each employee, and a $500,000 policy hm~t for occupational d~sease The City need
not be named as an "Addmonal Insured" but the insurer shall agree to waive all rights
of subrogation agmnst the City, ~ts officials, agents, employees and volunteers for any
work performed for the City by the Named Insured For bmld~ng or construction
projects, the Contractor shall comply with the prows~ons of Attachment 1 in accordance
with §406 096 of the Texas Labor Code and rule 28TAC 110 ! 10 of the Texas
Worker's Compensation Commission (TWCC)
[ ] Owner's and Contractor's Protective Llabdity Insurance
The Contractor shall obtain, pay for and maintain at all tunes dunng the prosecution of
the work under th~s contract, an Owner's and Contractor's Protectxve L~ab:l~ty
~nsurance pol:cy naming the Cxty as tnsured for property damage and bothly injury
which may arise ~n the prosecution of the work or Contractor's operaaons under th~s
contract Coverage shall be on an "occurrence" bas~s, and the pohcy shall be ~ssued by
the same ~nsurance company that tames the Contractor's habthty ~nsurance Pohcy
hrmts wdi be at least combined bodtly ~njury and property damage per
occurrence wxth a aggregate
[ ] Fire Damage Legal Liability Insurance
Coverage ts reqmred ~f Broad form General Ltabthty is not provided or ts unavadable
to the contractor or ~f a contractor leases or rents a portton of a City budding LunltS
of not less than each occurrence are reqmred
[ ] Professmnal Liability Insurance
Professional habthty insurance wzth hm~ts not less than per clatm wtth
respect to neghgent acts, errors or omzss~ons tn connectton w~th professional servtces ts
reqmred under thzs Agreement
[ ] Builders' Risk Insurance
Bmlders' R~sk Insurance, on an All-R~sk form for 100% of the completed value shall be
prowded Such pohcy shall include as "Named Insured" the C~ty of Denton and all
subcontractors as their ~nterests may appear
[ ] Additional Insurance
Other insurance may be required on an mdtwdual bas~s for extra hazardous contracts
and specific serwce agreements If such add~tlonal insurance ~s required for a specific
contract, that reqmrement will be described m the "Spectfic Condttlons" of the contract
specifications
ATTACHMENT1
[x] Worker's Compensation Coverage for Budding or Construction Projects for
Governmental Ent~tms
A Deflmt~ons
Certificate of coverage ("cert~fmate")-A copy of a cert~fmate of ~nsurance,
a certificate of authority to self-insure msued by the commission, or a
coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84),
showing statutory workers' compensation ~nsurance coverage for the
person's or ent~ty's employees prowdmg serwces on a project, for the
duration of the project
Duration of the project - includes the t~me 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 prowdmg servmes on the project ("subcontractor" ~n §406 096)
- includes 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 includes, w~thout
hmltatlon, independent contractors, subcontractors, leasing companies,
motor carriers, owner-operators, employees of any such entity, or
employees of any entity whmh furmshes persons to prowde serwces on
the project "Serwces" include, w~thout hm~tat~on, prowdmg, hauhng, or
dehvenng equipment or materials, or prowd~ng labor, transportation, or
other serwce related to a project "Services" does not include 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, which meets the statutory requirements of Texas Labor
Code, Secbon 401 011(44) for all employees of the Contractor providing
services on the project, for the duration of the project
C The Contractor must prowde 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 penod, file a new certificate of coverage
w~th the governmental ent~tV show~ng that coverage has been extended
E The contractor shall obtain from each person prowd~ng 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 providing serwces 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 ~n writing by certified
mad or personal dehvery, w~thm 10 days after the contractor knew or
should have known, of any change that materially affects the prows~on
of coverage of any person prowdmg serwces on the project
H The contractor shall post on each project s~te a notme, m the text, form
and manner prescribed by the Texas Workers' Compensation
Commission, ~nformmg all persons prowd~ng serwces 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 prowde serwces on a project, to
(1) prowde coverage, based on proper reporting of classification codes
and payroll amounts and fihng of any coverage agreements, which
meets the statutory requirements of Texas Labor Code, Section
401 011(44) for all of ~ts employees prowd~ng serwces on the
project, for the duration of the project,
(2) provide to the contractor, prior to that person beg~nmng work on
the project, a certificate of coverage showing that coverage ~s being
provided for all employees of the person prowd~ng serwces on the
project, for the duration of the project,
(3) prowde the contractor, prior to the end of the coverage period, a
new cert~hcate of coverage showing extension of coverage, ~f the
coverage per~od shown on the current cert~hcate of coverage ends
during the duration of the project,
(4) obtain from each other person w~th whom ~t contracts, and prowde
to the contractor
(a) a certificate of coverage, prior to the other person beg~nmng
work on the project, and
(b) a new cert~hcate of coverage showing extension of coverage,
prior to the end of the coverage per~od, ~f the coverage per~od
shown on the current cert~hcate of coverage ends dunng the
duratton of the project,
(5) retain all required cert~hcates of coverage on hie for the duration of
the project and for one year thereafter,
(6) not~fy the governmental entity m writing by cert~hed ma~l or
personal dehvery, wtth~n 10 days after the person knew or should
have known, of any change that mater~ally affects the provision of
coverage of any person prowd~ng 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 cert~hcates of
coverage to be prowded to the person for whom they are providing
services
I By s~gn~ng thru contract or prowd~ng or causing to be prowded a
cert~hcate of coverage, the contractor ~s representing to the
governmental entity that all employees of the contractor who w~ll
prowde servmes 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 class~hcat~on codes and payroll amounts, and that
all coverage agreements w~ll be hied w~th the appropriate ~nsurance
carrier or, ~n the case of a self-insured, w~th the comrn~ssmn's D~ws~on of
Self-Insurance Regulation Prowdlng false or rn~slead~ng reformation may
subject the contractor to adrnm~strat~ve penalties, criminal penalties, c~wl
penalties, or other c[wl actions
J The contractor's failure to comply w~th any of these provisions ~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
TRACT REGISTER ~J
'rl~ ~ m e~lmm RAY RO~RT$ m
~ EXISTING CORPS PROPERTY
I GB FEE FOR 1135 LEASE
GB LEASE AREA - APPROX 1,300 ACRES
vicN?Y ~
LEWISVILLE LAKE