1999-161 O~m~ANCENO qq-/~' I
~ o~CE ^CCEPT~O CO~ETITIVE BIDS A~O AWA~,I~G A ~IC WO~S
cosr~cr ~o~ r.~ co~sr~ucr~os o~ r~ ~vi~w ~sc. u~r sra~os,
G~VITY SE~R L~E ~ FORCE MA~, PROVID~G FOR THE EXPE~IT~ OF
F~S T~FOR, ~ PROLOG FOR ~ EFFECTWE DATE ~D 2355 - L~VIEW
~NCH LWT STATION, G~VITY SE~R LI~ A~ FORCE MA~ AWNED TO
DIC~RSON CONSTRUCTION COMPAq, ~C, ~ THE ~O~T OF $269,307 50)
~AS, ~e CI~ h~ sohc~ted, ~d recmved competmve sealed Nds for ~e cons~ctlon
of pubhc works or improvements m accord~ce w~ the procedures of STATE law md City
ordln~ce~, ~d
~AS, ~e C~ M~ager or a dem~ated employee has mcelv~ ~d reco~end~ ~m
the hereto described Nds ~e the lowest respondent for the cons~ctlon of the pubhc works or
~mprovements described ~n the Nd mwtat~on, ~d plus ~d specfficat~ons thermn, NOW,
THE~FO~,
THE CO~CIL OF THE CITY OF DENTON HE.BY O~A~S
SECTION I ~at ~e following competlt~Ve sealed Nd for the cons~ctmn of pubhc works
or ~mprovements, ~ described m ~e "Seal~ B~d Invitations", or plus ~d speclficaaons on file ~n
the Office of ~e C~ty's P~chamng Agent filed according to the Nd nmber ~s~gned hereto, ~e
hereby accepted ~d approved as being ~e lowest responsible Nds
B~
~ER ~ ~O~T
2355 DIC~RSON CONSTRUCTION COMPANY, INC $269,307 50
SECTION II That the accept~ce ~d approval of the above compet~tlve sealed Nd shall
not const~te a con~act be~een ~e C~ty ~d ~e person submitting the Nd for cons~ct~on of such
pubhc works or :mprovements here~n acc~ted ~d approved, ~tll such person shall comply w:th
all reqmrements specffied m the Notme to B~dders ~nclud~ng ~e t~mely execution of a written
contract ~d ~shmg of pcrfo~ce ~d payment bonds, ~d ms~ce cemficate a~er
notfficat~on of the awed of the b:d
~ That the C:~ M~ger ~s hereby authorized to execute all necess~ written
con~acts for ~e p~o~ce of~e com~ct~on of~e pubhc works or ~mprov~ents :n ~cord~ce
w:~ the Nds accepted ~d approved here~n, prowded ~at such contracts ~e made ~n accord~ce
w:~ ~e Not, ce to B~dders ~d Request for Sealed B~ds, and docments relating thereto spem~:ng
the terns, cond~tmns, plus ~d specfficat~ons, st~d~ds, qu~t~t~es ~d spemfied sums contmned
thermn
SECTION IV That upon acceptance and approval of the above competitive sealed bids and
the execution of contracts for the pubhc works and ~mprovements as authorized here~n, the C~ty
Council hereby anthonzes the expenditure of funds ~n the manner and m the amount as specified an
such approved bads and authorized contracts executed pursuant thereto
SECTION V That flus ordanance shall become effective immediately upon its passage and
approval
P^SSEr~ A~rr~ ~PROVEr~ th~s the /~ day of 6/~/~
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
BID 2355 - CONTRACTUAL ORDINANCE
ATTACHMENT 1
TABULATION SHEET
2355 Date 4/20/99
LAKEVIEW RANCH LIFT STATION,GRAVITY ;EWER LINE & FORCE MAIN
No I DESCRIP~!~N VENDOR VENDOR VENDOR VENDOR VENDOR
· ' rI ~"'' '~ Dlckerson
'" Construcbon Oscar Renda Earth Builders Pate Bros Rad~ch
, ~ .... Company, Inc
TOTAL BID AWARD $269,307 50 $307,380 00 $365,610 00 $429,638 00 $587,989 50
ATTAC~4ENT 2
LAK'EVIEW RANCH LIFT STATION
8LAGG
.... 6" FORCE MAIN - 253
~ -- 8" GRAVITY MAIN - 185~
LAKEVIEW RANCH W ~ E
_~ I.IFT STATION
PROJECT LOCATION
~ ~'aXm'Tme) ,
~ I EXHIBIT II
CONTRACT AGREEMENT
STATE OF TEXAS §
COUNTY OF DENTON §
THIS AGREEMENT, made and entered ~nto 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 C~ty of CELINA County of COLLIN and State of TEXAS, hereinafter termed
"CONTRACTOR"
WITNESSETH That for and m conslderat~on of the payments and agreements
hereinafter mentioned, to be made and performed by OWNER, and under the conditions
expressed m the bonds attached hereto, CONTRACTOR hereby agrees w~th OWNER to
commence and complete performance of the work specdled below
BID # 2355 - LAKEVIEW RANCH LIFT STATION, GRAVITY SEWER LINE AND
FORCE MAIN
m the mount of $269,307 50 and all extra work m connection therewith, under the terms as
stated m the General Conditions of the agreement, and at his (or their) own proper cost and
expense to furmsh all materials, supplies, machinery, eqmpment, tools, superintendence,
labor, ~nsurance, and other accessories and services necessary to complete the work specified
above, ~n accordance with the cond~tions and prlces stated ~n the Proposal attached hereto, and
~n accordance with all the General Condmons of the Agreement, the Special Cond~tions, the
Not~ce to Bidders (Advertisement for B~ds), Instructions to B~dders, and the Performance and
Payment Bonds, all attached hereto, and m
CA- 1
accordance w~th the plans, which ~ncludes all maps, plats, bluepr~ms, 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 ewdence and consUtute the entire contract
Independent Status
It ~s mutually understood and agreed by and between C~ty and Contractor that
Contractor ~s an ~ndependent contractor and shall not be deemed to be or considered an
employee of the C~ty of Denton, Texas, for the purposes of income tax, withholding, social
security taxes, vacatton or s~ck leave benefits, worker's compensation, or any other City
employee benefit C~ty shall not have supervision and control of Contractor or any employee
of Contractor, and ~t ~s expressly understood that Contractor shall perform the serwces
hereunder according to the attached specd~cat~ons at the general d~rect~on of the C~ty Manager
of the C~ty of Denton, Texas, or his designee under th~s agreement
Indemmficatton
Comractor shall and does hereby agree to ~ndemmfy and hold harmless the Ctty of
Demon from any and all damages, loss, or habthty of any kind whatsoever, by reason of tnjury
to property or third persons occasioned by any error, omission or neghgent act of Contractor,
~ts officers, agents, employees, mv~tees, and other persons for whom ~t ~s legally hable, w~th
regard to the performance of th~s Agreement, and Contractor w~ll, at ~ts cost and expense,
defend and protect the Ctty of Denton against any and all such claims 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 he 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 m written notice to conunence work and complete all work
within the time stated m the Proposal, subject to such extensions of time as are prowded by the
General and Special Conditions
The OWNER agrees to pay the CONTRACTOR in currem funds the price or prices
shown m the Proposal, which forms a part of tfus contract, such payments to be subject to the
General and Special Conditions of the Contract
CA - 2
IN WITNESS WHEREOF, the part~es of these presents have executed th~s agreement
m the year and day first above written
ATTEST , }
".-( "If/"
(~7 ' (SEAL)
ATTEST
(~'~&J~ ~ ' '"-~--'"~'-- CONTRACTOR
MAILING ADDRESS
PHONE NUMBER
9.[2 3~z
FAX NUMBER
TITLE
APPROVED AS TO FOR~ P~NTED NA~
(SEAL)
CIT~
~O~NEY
/
/ CA - 3
IMPORTANT NOTICE
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.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 61BCSAC4794
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS That DICKERSON CONSTRUCTION
COMPANY, INC., whose address ~s P.O. BOX 181, CELINA, TX 75009, hereinafter called
Principal, and HARTFORD FIRE INSURANCE COMPANY a corporation organized and
ex~st]ng 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 mumclpal
corporation orgamzed and existing under the laws of the State of Texas, hereinafter called
Owner, m the penal sum of TWO HUNDRED SIXTY NINE THOUSAND THREE
HUNDRED AND SEVEN and 50/100 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 hqmdated damages arising out of or connected with the below ~dent~fied
Contract, m lawful money of the Umted States, to be paid m Denton County, Texas, for the
payment of which sum well and truly to be made, we hereby b~nd 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 ~n 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 cond~tloned as follows Whereas, the Principal
entered into a certain Contract, ~dentdied by Ordinance Number 99-161, w~th the C~ty of
Denton, the Owner, dated the 18 day of MAY A.D 1999, a copy of which ~s hereto attached
and made a part hereof, for BID # 2355 - LAKEVIEW RANCH LIFT STATION,
GRAVITY SEWER LINE AND FORCE MAIN
NOW, THEREFORE, d the Principal shall well, truly and faithfully perform and fulfill
all of the undertakings, covenants, terms, conditions and agreements of sa~d Contract m
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 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 which modifications to the Surety being hereby waived, and, if the
Principal shall repmr and/or replace all defects due to faulty materials and workmanship that
appear w~thm 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 indemnify and save harmless the
Owner from all costs and damages which Owner may suffer by reason of failure to so perform
hereto and shall fully reimburse and repay Owner all outlay and expense which the Owner may
incur ~n making good any default or deficiency, then this obhgat]on shall be void, otherwise, ~t
shall remain ~n full force and effect
PB-1
PROVIDED FURTHER, that tf any legal action be filed upon this Bond, exclusive
venue shall he in Denton County, State of Texas
AND PROVIDED FURTHER, that the sa~d Surety, for value received, hereby
stipulates and agrees that no change, extension of t~me, alteration or addmon 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 ~t 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 prows~ons of Chapter 2253 of ~e Texas
Govermont Code. as ~ended, ~d any o~er apphcable statutes of the State of Texas
The undersxgned and designated agent is hereby designated by the Surety herein as ~e
Resident Agent m Denton County to whom any reqms~te notices may be dehvered and on
whom serwce of process may be had m matters ar~smg out of such suretyship, as provided by
Article 7 19-1 of ~e Insurance Code, Vernon's A~otated C~vfl Statutes of the State of Texas
IN WITN~S WHE~OF, ~s instrument ~s executed m 4 cop~es, each one of whxch
shall be deemed ~ original, ~ls ~e 18 day of MAY 1999.
ATTEST P~NCIPAL
BY ~
PRESIDENT
~m WITNESS
SURETY
HARTFOR~IRE INSU~NC~ COMPAN~
NANCY T~ ~ - ~ATT~NEY-IN-FACTR~0INA M CART[R
The Resident Agent of ~e Surety m Denton County, Texas for dehvery of nouce and service
of the process ~s
NAME ~ c [ I~S~C[ g~cv, I~.
STREET ADD.SS ~06 [[~ SlR~I~ Sl[ 105~ ~[~I$~I[[[, I[XgS 75067
(NO~ Date o~ Pe~o~nce Bond must be ~te of Contract If Restdent Agent ts not a
corporatton, give a person's name )
PB - 2
PAYMENT BOND
STATE OF TEXAS § BOND NO 61BCSAC4794
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
Prlnc~pal, and HARTFORD FIRE INSURANCE COMPANY , a corporation organized and
existing 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 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 ~mprovemems hereinafter referred to, in the penal sum of
TWO HUNDRED SIXTY NINE THOUSAND THREE HUNDRED SEVEN and 50/100
DOLLARS ($269,307 50) in lawful money of the United States, to be paid in Demon, 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 amoum 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 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 Demon 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 anywme affect its obhgatlon 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 ~s hereby designated by the Surety herein as the
Resident Agent ~n Denton County to whom any reqmslte nonces may be dehvered and on
whom serwce 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, th~s ,nstrument is executed m 4 cop~es, each one of which
shall be deemed an original, this the 18 day of MAY 1999.
ATTEST PRINCIPAL
~)~~)~a~.~.~ DICKERSON CONSTRUCTION COMPANY, INC
PRESIDENT
Y#J~""J']~ J~l~ X WITNESS SURETY
BY ~ ~L.,.,~..~ ~--~ ' :'-L~---- ~ARTFORD/'RZ RE INSURANCE COMPA(ty,
~ ~NEY-IN-FACT REGINA M CARTER
The Resident Agent of ~e Surety m Denton County, Texas for dehvery of nonce ~d serwce
of the process ~s
NAME P.c.[. INSU~NC[ AGENCY, INC
ST~ET ADD.SS Z06 gEM STREET, STE 105, L[WISVILLE, TEXAS 75067
(NOTE Date of Payment Bond must be date of Contract If Res]dent Agent ts not a
corporatton, gtve a person's name )
2355 CONTRACT & BONDS & INSURANCE
PB - 4
HARTFORD FIRE INSURANCE COMPANY
Hartford, Connecticut
POWER OF AI'FORNEY
Know all men by theea Pmeanfo, That the HARTFORD FIRE INSURANCE COMPANY a corporebon duly orgamzed
under the taws of tho State of Connecticut and having its principal office in the City of Hartford County of Hartford State of Connscbcut
does hai'eby make constitute end appoint
BRUCI~ C De. HAKe, P. DWARD I. MO01~, P~GINA M CAR~R, £OSALYND
and DA VID K GROPPF. LL of HUMBLE, TP. XAS
ds true end lawful Attomey(s)-in Fact vath full power and authority to each of said Attomey(s)-~n Fact in their separate capacity if more
than one is named above to sign execute and acknowledge any and all bonds and underiakmgs and other writings obligatory in the
nature thereof on behalf of the Company in its buslnsas of guaranteeing the fipa[it¥ of persons holding places of pubhc or pnvate trust
guaranteeing the performance of contracts other then insurance palidle$ guaranteeing the performance of insurance contracts where
surety bonds am accepted by states and municipalhisa and executing or guaranteeing bonds and unde~aklnga required or permuted m
all scholls or procead~ngs or by law allowed, and to bind the HARTFORD FrRE INSURANCE COMPANY thereby as fully and to the
same extent as If such bonds end undertakings and other w~tlngs obligatory m the nature thereof were signed by an Executive Officer of
the HARTFORD FIRE INSURANCE COMPANY end sealed and attested by one other of such Off(em and hereby ratifies and confirms
ail that itt said Attorney(s) in-Fact may do In pursuance hereof
This power of attorney ~s granted by and under authonty of the following provisions
(1) By Laws adopted by the Stockholders ct the HARTFORD FIRE INSURANCE COMPANY at a meebng duly called and hald on
the 9th day of March 1971
ARTICLE IV
This power of attorney is signed and sealed by facsimile under and by the authority of the following Resal~on adopted by the
In Wittteea Whereof the HARTFORD FIRE INSURANCE COMPANY has caused these presents to bo s~ned by its Vice-
Prestdent, and its co~pomte ssai to be hereto af~ed, duly attested by its Secretary this lot day of May 1995
Affect: HARTFORD FIRE INSURANCE COMPANY
STATE OF CONNECTICUT I
COUNTY OF HARTFORD ( ~' Paul L Marabella
Vice-Prenldent
On this 1st day of May A.D t995 before me pereooaliy came Pau; L Marapalla to me known who being by me duly sworn did depose
and say that he resides in the County of Hallford, State of Connecbcut that he ~a the Vice-Preslpant of the HARTFORD FIRE
corporation, that the seal affixed to the said ~natmment ia such corporate ssa] that it was ac affixed by order of the Board of D~mctore of
said corporetlon end that he signed his name thereto by like order
I the undersigned. Sa~'etaty of the HARTFORD FIRE INSURANCE COMPANY a Connecticut Coq3orabon DO HEREBY
CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked and furthermore that
the Resol~ons of the Board of Directors, eat forth in the Power of Att.'ney are now in force
SaShed and sealed at the City of Hartford Dated the 18TH day of I~A¥ 19 99
ACORO. CERTIFICATE OF LIABILITY INSURANCE°A' & i
- 05/28/99
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
~-lsey & Assocaates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Surety/Insurance Ageney, Inc HOLDER THIS CERTIFICATE DOES NOT AMEND EXTEND OR
8820 Wall Claytou Pkw~ ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW
H~,m~le TX 77338 COMPANIES AFFORDING COVERAGE
COMPANY
Edward L Moore A Nataonal Ameracan Insurance
Ph0.e No 281-540-15~5 F~No 281-540-7419
INSURED COMPANY
B
Inc & Lewis D~ckerson, Indiv C
P O Box 181 COMPANY
Cellna TX 75009 O
COVERAGES
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
I CLAJMSMADE ['~ OCCUR PERSONAL&ADVINJURY $
A ~ ANYAUTO AUl1764421 09/01/98 09/01/99
WORKERS COMPENSATION AND I TORY LIMITS I t ER
RE Bid #2355FLg~evi~w Ranch Lxft Station. Grav:tv Sewer Lxne and Force Maxn
CertafLcate noAaer xs named as Additional Insured This mnsurance as
CERTIFICATE HOLDER CANCELLATION
221 N ~.lm ~
Denton, TX 76201
ACORD 25-S (1195) -- -~'~-~-~r~ ~.. a~I~i~v~IR~PPORATION 1988
A CORD,.
~ ................... ~ 5/24/1999
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
EMPLOYERS GENERAL INSURANCE GROUP, INC HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
123 N CROCKETT, STE 600 ~LTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
SHERMAN, TEXAS 75090 COMPANIES AFFORDING COVERAGE
COMPANY
A OLD REPUBLIC LLOYDS OF TEXAS
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
CO POLICY EFFECTIVE POLICY EXPIRATION LIMITS
LTR TYPE OF INSURANCE POLICY NUMBER DATE (MMIDD/YY) DATE (M MIDD/YY)
GENERAL LIABILITY TCP-4464234* 03-05-99 03-05-2000 GENERAL AGGREGATE $ 2,000,000
A ~ COMMERCiAL GENERAL LIABILtTY PRODUCTS COMP/OPAGG $ 2,000,000
I CLAIMS MADE ~] OCCUR PERSONAL & ADV INJURY $ 1,000,000
X OWNER S & CONTRACTOR S PROT EACH OCCURRENCE $ 1,ooo,ooo
~ BROAD FORM PD FIRE DAMAGE (Anyone fire) $ 100,000
~' XCU EXCL REMOVED WED EXP (Anyone 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 $
WC 8TATU
WORKE. E COMPENSA'nON AND WC-1463525 ** 03 05-99 03-05-2000 X I To~VU~TS
B EMPLOYERS LIABILITY EL EACH ACCIDENT $ 5--00~000
THE PROPRIETOR/ ~'~ INCL EL DISEASE POLICY LIMIT $ 500000
PARTNER~EXECUTIVE
OFFICERSARE EXCL iL DISEASE EA EMPLOYEE $ 5001000
OTHER
SHOULD ANY OF THE .BOVE DESCRIBED POLICIE: BE CANCEL] .ED , NON RE EWED OR REDUCTION IN
COVERAGE BEFORE TH! EXPIRATION DATE THEREI)F, THE ISSI~ING COMPAN WILL SEND 30 DAYS
WRITTEN NOTICE TO 'HE CERTIFICATE HOLDER.
DESCRIPTION OF OPERATION SlLOGATIO NI~/VEHiGLE~t S P EGIAL ITEMS
POLICIES ENDORSED TO PROVIDE *ADDITIONAL INSURED & **WAIVER OF SUBROGATION IN FAVOR OF THE CERTIFICATE
HOLDER IF THERE IS A WRITTEN CONTRACT BETWEEN THE ABOVE INSURED & THE CERTIFICATE HOLDER REQUIRING THE
ABOVE
BID #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, EXPIATION DATE THEREOF THE ISSUING COMPANY WiLL ~ MAIL
EMPLOYEES & VOLUNTEERS 30 DAYS WRITTEN NOTICETO THECERTIFICATEHOLDERNAMEDTO THE LEFT
215 EAST MOKINNEY
DENTON, TX 76201
AUTHORIZED REPRESENTATIVE ~;~--~
GARY J E F F E R I .F-~'~G I O~.~L~
CITY OF DENTON
INSURANCE REQUIREMENTS FOR CONTRACTORS
Btdder's attention ts dtrected to the tnsurance requtrements below It ts htghly recommended
that bidders confer wtth thetr respecttve tnsurance carriers or brokers to determine tn
advance of Btd submtsston the avadabthty of tnsurance certtficates and endorsements as
prescribed and provtded heretn If an apparent low bulder fads to comply strictly wtth the
insurance requtrements, that btdder may be dtsquahfied from award of the contract Upon
btd award, all tnsurance requtrements shall become contractual obhgattons, whtch the
successful btdder shall have a duty to matntatn throughout the course of thts contract
STANDARD PROVISIONS.
Wtthout hmtttng any of the other obhgattons or habthttes of the Contractor, the Contractor
shall provtde and maintain unttl the contracted work has been completed and accepted by the
Ctty of Denton, Owner, the mtntmum tnsurance coverage as indicated heretnafler
As soon as practtcable after nottficatton of btd award, Contractor shall file wtth the
Purchastng Department sattsfactory certtficates of tnsurance, contatmng the btd number and
tttle of the project Contractor may, upon wrttten request to the Purchastng Department, ask
for clartficatton of any msurance requtrements at any trine, however, Contractors are strongly
advised to make such requests prtor to btd openmg, smce the msurance requtrements may not
be mo&fled or watved after btd opentng unless a wrttten exceptton has been submttted wtth the
btd Contractor shall not commence any work or dehver any matenal untd he or she
receives nottftcatton that the contract has been accepted, approved, and stgned by the City 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 policy shall be Issued by a company authorized to do business ~n the State of
Texas with an A M Best Company rating of at least A
· Any deductibles or selfqnsured retentions shall be declared ~n the b~d proposal If
requested by the City, the ~nsurer shall reduce or ehmmate such deductibles or
self-tnsured retentions with respect to the C~ty, ~ts
officials, agents, employees and volunteers, or, the contractor shall procure a bond
guaranteeing payment of losses and related ~nvesngatlons, clmm admm~stranon and
defense expenses
· Llabthty pohcles shall be endorsed to prowde the following
· · Name as additional insured the C~ty of Denton, ~ts Officials, Agents,
Employees and volunteers
That such insurance is prunary to any other insurance available to the
add~tional 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 mcluslnn of more than one insured shall not operate
to increase the insurer's In-nit of habthty
· All pohcies 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 clamas made after expiration of the contract shall be covered
· Should any of the requtred insurance be provided under a form of coverage that
includes a general annual aggregate hmlt provldmg for claims investigation or legal
defense costs to be included m the general annual aggregate lumt, the Contractor
shall either double the occurrence hmlts 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,
terrmnate this agreement effective on the date of the lapse
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS
All tnsurance pohctes proposed or obtatned tn sattsfactton of thts Contract shall addtttonally
comply wtth the followtng marked spectficattons, and shall be matntatned tn compltance wtth
these addtttonal spectfications throughout the duratton of the Contract, or longer, tf so noted
IX] ^ 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 m 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 ~nclude premises, operations, products, and completed
operations, independent contractors, contractual habfl~ty covering this
contract and broad form property damage coverage
· Coverage B shall include personal injury
* Coverage C, medical payments, ~s not reqmred
If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition
and ISO Form GL 0404) is used, it shall ~nclude at least
· Bodily injury and Property Damage L~ablhty for premises, operations,
products and completed operations, independent contractors and property
damage resulting from explosion, collapse or underground (XCU)
exposures
· Broad form contractual habfllty (preferably by endorsement) covering th~s
contract, personal injury liability and broad form property damage
habthty
IX] Automobile Liability Insurance
Contractor shall prowde Commercial Automobile L~abfl~ty ~nsurance w~th Combined
Single Lumts (CSL) of not less than $1,000,000 e~ther ~n a s~ngle pohcy or m a
combination of basic and umbrella or excess pohcles The pohcy will include bodily
injury and property damage liability arising out of the operation, maintenance and use
of all automobiles and mobile equipment used m conjunctton with th~s contract
Satisfaction of the above requirement 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, m
addmon to meeting the minimum statutory reqmrements for issuance of such insurance,
has Employer's L~abfl~ty hm~ts of at least $100,000 for each accident, $100,000 per
each employee, and a $500,000 policy Innlt for occupational d~sease The City need
not be named as an "Additional Insured" but the ~nsurer shall agree to waive all r~ghts
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 w~th the prowslons 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 Lmbflity Insurance
The Contractor shall obtain, pay for and maintain at all t~mes during the prosecution of
the work under this contract, an Owner's and Contractor's Protective Liability
insurance policy naming the C~ty as insured for property damage and bodily injury
which may arise m 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 hablhty insurance Policy
lmlits will be at least combined bodily injury and property damage per
occurrence with a aggregate
[ ] Fire Damage Legal Liabdlty Insurance
Coverage is required If Broad form General Liability is not provided or is unavailable
to the contractor or d a contractor leases or rents a portion of a City building Limits
of not less than each occurrence are required
[ ] Professmnal Llab~hty Insurance
Professional liability insurance with lUnlts not less than per claim with
respect to negligent acts, errors or omissions in connection with professional services is
required under this Agreement
[ ] Budders' 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 specl£~C service agreements If such additional insurance is required for a specific
contract, that reqmrement 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 Ent~t~es
A Deflmt~ons
Certificate of coverage ("cert~f~cate")-A copy of a certificate of insurance,
a certificate of authority to self-insure ~ssued 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 providing serwces on a project, for the
duration of the proJect
Duration of the project - ~ncludes the t~me from the beg~nmng 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 serwces on the proJect {"subcontractor" m §406 096)
- ~ncludes all persons or ent~t~es 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
hm~tat~on, independent contractors, subcontractors, leasing compames,
motor carners, owner-operators, employees of any such entity, or
employees of any entity which furmshes persons to prowde serwces on
the project "Services" ~nclude, w~thout hm~tat~on, prowd~ng, hauhng, or
delivering equipment or materials, or prowdmg labor, transportation, or
other serwce related to a proJect "Services" does not include actw~t~es
unrelated to the project, such as food/beverage vendors, office supply
dehver~es, and dehvery of portable todets
B The contractor shall prowde 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, 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 prior to being awarded the contract
D If the coverage per~od shown on the contractor's current cert~hcate of
coverage ends dunng the duration of the prolect, the contractor must,
prior to the end of the coverage per~od, hie a new cert~hcate of coverage
w~th the governmental entity showing that coverage has been extended
E The contractor shall obtain from each person prowd~ng serwces on a
project, and provide to the governmental entity
(1) a cert~hcate of coverage, prior to that person beginning work on the
project, so the governmental entity wdl have on hie cert~hcates of
coverage showing coverage for all persons prowd~ng serwces on the
project, and
(2) no later than seven days after receipt by the contractor, 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
F The contractor shall retain all required cert~hcates 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 cert~hed
mad 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 prowdmg serwces on the project
H The contractor shall post on each project s~te a notme, ~n the text, form
and manner prescribed by the Texas Workers' Compensation
Commission, mform~ng 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 provide serwces on a project, to
(1) prowde coverage, based on proper reporting of class~hcat~on codes
and payroll amounts and hhng 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) prowde to the contractor, prior to that person begmmng work on
the project, a cert~hcate of coverage showing that coverage ~s being
prowded for all employees of the person providing services on the
project, for the duration of the project,
(3) prowde the contractor, prior to the end of the coverage per~od, a
new certificate of coverage showing extension of coverage, ~f the
coverage penod shown on the current certificate 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 certificate of coverage showing extension of coverage,
prior to the end of the coverage penod, ~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 of
the project and for one year thereafter,
(6) not~fy the governmental entity ~n writing by certified ma~l or
personal delivery, with~n 10 days after the person knew or should
have known, of any change that mater~ally affects the prowslon 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), with the certificates of
coverage to be prowded to the person for whom they are prowdmg
services
J By s~gnmg 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
serwces 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 Prowd~ng false or m~sleadmg mformat~on may
subject the contractor to adm~mstrat~ve penalties, criminal penalties, c~wl
penalties, or other c~wl actions
K 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
DICKERSON CONSTRUCTION CO, INC
P O BOX 181
CELINA, TEXAS 75009
972-382-2123
FAX 972-382-2043
April 26, 1999
City of Denton
221 N Elm
Denton, Texas 76201
Att Michael Leavttt
Ref Bid #2355, Lakevtew Ranch Lffi Statton
and Samtary Sewer
In regards to tho above referenced bid we would hke to offer the following explanation for
the dfl~rence m the written total and the actual total when all items are added tosether
Item No 7 - Lffi Station
There was an ad&tion of $19,250 00 t~m our pump supplier that we received a
short time before closmg our bid, this $19,250 00 was added to our Lump Sum price for
the lffi station malong that total $136,750 00, but we faded to add it to our overall total of
$249,057 50 malan~ the overall total $269,307 50
We are sorry for the error m the bid, but hope this vail clarify the discrepancy
If you have any questtons or I can be of any further asststance, please don't hesitate to
contact me
Sincerely,
Dlckerson Construction Co,
Lew~s Dlckerson, President