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HomeMy WebLinkAbout2003-178ORDINANCE NO. a - 'I AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF A XERISCAPE/LANDSCAPE DETENTION POND FOR THE NORTH BRANCH LIBRARY; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 3029-CONSTRUCTION OF XERISCAPE/LANDSCAPE DETENTION POND NORTH BRANCH LIBRARY AWARDED TO HARRISON QUALITY CONSTRUCTION IN THE AMOUNT OF $34,527.74). WHEREAS, the City has solicited, received and tabulated competitive bids for the construction of public works or improvements in accordance with the procedures of STATE law and City ordinances; and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or improvements described in the bid invitation, bid proposals and plans and specifications therein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the following competitive bids for the construction of public works or improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids: BID NUMBER CONTRACTOR AMOUNT 3029 Harrison Quality Construction $34,527.74 SECTION 2. 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 furnishing of performance and payment bonds, and insurance certificate after notification of the award of the bid. SECTION 3. That the City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein. SECTION 4. That upon acceptance and approval of the above competitive bids and the execution of contracts for the public works and improvements as authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specified in such hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto. SECTION 5. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the I7� day of 2003. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PRO Y, CITY ATTORNEY BY: 3-ORD-Bid 3029 CONTRACT AGREEMENT STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT, made and entered into this 18th day of June A.D., 2003, by and between City of Denton of the County of Denton and State of Texas, acting through Michael A. Conduff thereunto duly authorized so to do, hereinafter termed "OWNER," and Harrison Ouality Construction, Inc. 4818 Dozier Rd. Carrollton, TX 76010 of the City of Carrollton , County of Denton and State of Texas , hereinafter termed "CONTRACTOR." WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by OWNER, and under the conditions expressed in the bonds attached hereto, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified below: Bid # 3029 — Construction of Xeriscape/Landscape Detention Pond for North Branch Library in the amount of $34,527.74 and all extra work in connection therewith, under the terms as stated in the General Conditions of the agreement; and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the work specified above, in accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), Instructions to Bidders, and the Performance and Payment Bonds, all attached hereto, and in accordance with the plans, which includes all maps, CA-1 plats, blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by: City of Denton Facilities ManaZement Department all of which are referenced herein and made a part hereof and collectively evidence and constitute the entire contract. Independent Status It is mutually understood and agreed by and between City and Contractor that Contractor is an independent contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas, for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, worker's compensation, or any other City employee benefit. City shall not have supervision and control of Contractor or any employee of Contractor, and it is expressly understood that Contractor shall perform the services hereunder according to the attached specifications at the general direction of the City Manager of the City of Denton, Texas, or his designee under this agreement. Indemnification Contractor shall and does hereby agree to indemnify and hold harmless the City of Denton from any and all damages, loss, or liability of any kind whatsoever, by reason of injury to property or third persons occasioned by any error, omission or negligent act of Contractor, its officers, agents, employees, invitees, and other persons for whom it is legally liable, with regard to the performance of this Agreement, and Contractor will, at its cost and expense, defend and protect the City of Denton against any and all such claims and demands. Choice of Law and Venue This agreement shall be governed by the law of the State of Texas and venue for its construction and enforcement shall lie in the courts of Denton County, Texas. The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in written notice to commence work and complete all work within the time stated in the Proposal, subject to such extensions of time as are provided by the General and Special Conditions. The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the Contract. CA-2 IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. ATTEST: ATTEST: APPROVED AS TO FORM: 20 44 CITY ATTORNEY CA-3 N1 11 omp (SEAL) Harrison Quality Construction CONTRACTOR 4818 Dozier Road, Carrollton, TX 75010 MAILING ADDRESS 972-939-0927 PHONE NUMBER 972-939-0927 TITLE Sherri Harrison, President PRINTED NAME (SEAL) PERFORMANCE BOND Bond No. TXIFSU0341767 STATE OF TEXAS COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS: That Harrison Quality Construction, Inc. hose address is 4818 Dozier Rd., Carrollton,TX 76010 hereinafter called Principal, and International Fidelity Insurance Company a corporation organized and existing under the laws of the State of New Jersey 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 Ow�_wr in the penal sum of Thir -Four Thousand Five Hundred Twenty -Seven and 74/100''6OLLARS ($ 34 527.74 plus ten percent of the stated penal sum as an additional sum of money representing additional court expenses, attorneys' fees, and liquidated damages arising out of or connected with the below identified Contract, in lawful money of the United States, to be paid in Denton County, Texas, for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement which reduces the Contract price decrease the penal sum of this Bond. THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain Contract, identified by Ordinance Number j003178 , with the City of Denton, the Owner, dated the 18th day of June A.D. 2003 , a copy of which is hereto attached and made a part hereof, for Bid 3M — Construction of NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill all of the undertakings, covenants, terms, conditions and agreements of said Contract in accordance with the Plans, Specifications and Contract Documents during the original term thereof and any extension thereof which may be granted by the Owner, with or without notice to the Surety, and during the life of any guaranty or warranty required under this Contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of said Contract that may hereafter be trade, notice of which modifications to the Surety being hereby waived; and, if the Principal shall repair and/or replace all defects due to faulty materials and workmanship that appear within a period of one (1) year from the date of final completion and final acceptance of the Work by the Owner; and, if the Principal shall fully indemnify and save harmless the Owner from all costs and damages which Owner may suffer by reason of failure to so perform herein and shall fully reimburse and repay Owner all outlay and expense which the Owner may incur in making good any default or deficiency, then this obligation shall be void; otherwise, it shall remain in full force and effect. 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 its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc. This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, as amended, and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Denton County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Article 7.19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas. IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of which shall be deemed an original, this the 18th day of June 2001,,-- ATTEST: PRINCIPAL ✓ ,,� � Harrison ClUalo Constructi n Inc. BY: SECRETARY BY: PRESIDENT ATTES SURETY International Fidelity Insurance Company BY: ,u , BY: ATTO Y-IN-FACT Cindy Fowler The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is: NAME: Baldwin Insurance and Bonding Agency, Inc., William D. Baldwin STREET ADDRESS: 1201 Kas Dr., Ste. B, Richardson, TX 75081 (NOTE: Date of Performance Bond must be date of Contract. If Resident Agent is not a corporation, give a person Is name.) PB-2 PAYMENT BOND Bond No. TXIFSU0341767 STATE OF TEXAS COUNTY OF DENTON POW ALL MEN BY THESE PRESENTS: That Harrison Quality Construction, Inc. whose address is 4818 Dozier Rd., Carrollton TX 76010 hereinafter called Principal, and International Fidelity Insurance Company a corporation organized and existing under the laws of the State of Nawjarcoy , and fiilly 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 m� in the penal sum of it -Four Thousand Five Hundred Twenty -Seven and 74/100!ZLLARS ($ 34 527.74 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, administrators, successors, and assigns, jointly and severally, firmly by these presents. This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement which reduces the Contract price decrease the penal sum of this Bond. THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain Contract, identified by Ordinance Number 2003-178 , with the City of Denton, the Owner, dated the 18th day of June A.D. 2003✓a copy of which is hereto attached and made a part hereof, for Bid 3029 - Construction of Xeriscaoe/Landscape Detention Pond for North Branch Library.,/ NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties and make prompt payment to all persons, funs, subcontractors, corporations and claimants supplying labor and/or material in the prosecution of the Work provided for in said Contract and any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby expressly waived, then this obligation shall be void; otherwise it shall remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive venue shall lie in Denton County, Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc., accompanying the same, shall in anywise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc. im This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, as amended, and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Denton County to whom any requisite notices may be delivered and on whom service ofprocess may be had in matters arising out of such suretyship, as provided by Article 7.19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas. IN WITNESS WHEREOF, this instrument is executed in 4 copies, each oneyf which shall be deemed an original, this the 18th day of June 2003✓; ATTEST: PRINCIPAL / Harrison Quality Construction Inc. ✓ BY: SECRETARY BY: PRESIDENT The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is: NAME: Baldwin Insurance and Bonding Agency. Inc.. William D. Baldwin STREET ADDRESS: 1201 Kas Dr., Ste. B, Richardson, TX 75081 (NOTE. Date of Payment Bond must be date of Contract. If Resident Agent is not a corporation, give a person Is name.) =1 at IMPORTANT NOTICE TO OBTAIN INFORMATION OR MAKE A COMPLAINT: You may call International Fidelity Insurance Company's toll -free telephone number for information or to make a complaint at: 800-333-4167 You may also write to International Fidelity Insurance Company at: Attn: Claims Department One Newark Center, 20th Floor Newark, NJ 07102 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 800-252-3439 You may write the Texas Department of Insurance at: P.O. Box 149104 Austin, TX 78714-9104 ATTACH THIS NOTICE TO YOUR BOND. This notice is for information only and does not become a part or a condition of the attached document and is given to comply with Section 2253.048, Government Code, and Section 53.202, Property Code, effective September 1, 2001. ACORD_ CERTIFICATE OF LIABILITY INSURANCE LIPID IS DATE(MMOOYY1 HARRI 1 06/24/03 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Baldwin Ins & Bonding Agency 1201 Kas Drive, Suite B HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE Richardson TX 75081 Phone: 972-644-2688 Fax: 972-644-6035 INSUR60 t"'� JNCURERA National American Ins Co INEUR.ERIt Underwriters of Lloyds, London Harrison quality Construction,---' Sherri Al an 4818 Dozier Rd. -1 /o Carrollton TX 75010 E✓-T�- INSURER American dome Assurance co. INSURER O: INCLINER E' COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IUPIRATIO LTR TYPE Oi IX3 CE POUCY NUMBER DATE MArODM POLICYPDATE BMMRDDNYIN LIMITS OINERAL LIFGLITY>Qtl'OCCURRe E S 1000000 FIREOMIAGE(Wonefie) $ 100000 A X COMMERCIALGENERALIJrABM,TY MP4627842K 11/05/02 ll/05/03 ewMSMCE U A 11� I MEDEIP(Airy DDEp..) _ $ 5000Addl.X PEP,SONALAADVWJURY S1000000 _ Blanket A1=CU_ X I Blanket WOS (3ENERA-AGGREGATE $ 2000000� GEN'LAGGREGNTE UMN APPLNe3 PER. PROWCTS-CUMPAP AGG $ 2000000 PR0. LOC POLICY X JECT A AUTOMOBILE WUy AN+AUTG.BI/Tn / AU4234642X `� 11/05/02 11/05/03 CO WEO 6WGLELIMIT °`"I) I $ 1000000 ✓ X BODILY INJURY (Per Ferrer) S .W.OYVNEDMTOS 9CHEDULEO AUTOE BODILY MJURv (Peramuenp S HRED Nr,03 NON -OM' cD AUTOS PROPEATVDAMA4`E (Per..Cenq I S CARAOE LIABILITY .WTOONLY-EAACCIDENi S OTHER THAIJ EAACL 8 AW AUTC S NITO ONLY AGO !%CIDSWBIYTY EALN OCWRRENGE $2000000 A X occuR cLDMS MFOE M84215442R 11/05/02 11/05/03 AGGREGATE s 2000000 s £ DEDUCTIBLE £ X RETenroN $ 10000 WOWIERS COMPENSATION AND / TOTrUMITE OER E.L.EACHACCIDENT I $ 1000000 l C EMPLOYERE'LUN ILT' 4951049 ✓ 01/06/03 01/06/04 E1.DISEASE-EAEMPLOYEE S 1000000 � BLANKET WAIVERS � EUDISEASE-POLILYLIMT - £ 1000000 OTHER I B Equipment Floater AF021984 11/05/02 I 11/05/03 Any One $50,000 I $1 000 Deductible LEASED/RENTED All Such $50 000 DEICRIPTON OF OPERATON6LOCpT10NSNE46LELEYCLUS10N6 ADDED BY EN ICASEMSNTISPECIAL PROVIAONS RE: Ct etien of Xeriscape/Landscape Detention Pond at North Branch LibraonsCity of Denton, its Officials, Agents, Amployees and Volunteers are Additional I.Sur— edemas respects the General and Auto Liability.✓/ N.u-F.nm nui.wm. I] I ADemRNwuNWKPU; F-.KPK,.CneP: un,N..o`n „v,N City of ➢entcn✓ Purchasing Department 901E Texas Street Denton TX 76209 CITYDI2 Said policy Bh not be cancelled, nonrenewed or materially c without 30 Sys advance written notice being given to the Owner except when the policy is being cancelled for nonpayment of ACORD_ CERTIFICATE OF LIABILITY INSURANCE OF TS DA-D HARKS 11 06/06/24/4/03 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Baldwin Ins r, Bonding Agency HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1201 ftas Drive, Suite B ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE Richardson TX 75081 Phone: 972-644-2688 Fax: 972-644-8035 INURED INGUPERA Travelers Insurance Cc FIELDER B: Harrison Quality Construction City Of Denton 4818 Dozier Fd. Carrollton T} 75010 IRSURERO INSURER D' — N98tER E. COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOT WITHSTANDING ANY REOUIREMF_NT, TERM OR CO NDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INBR LTN TYPE OF INSURANCE ��JI:T POLICYNUMBER EFFECTIT/D- DATE MM/pD/YY ro I O DATE RAMMI)HY1 LIMITS GENERAL LIABILITY I EACH OCCURRENCE S FIRE ONMGE(PRy onekO) S COMMHJCLLL GENERAL LN&LTV CW SNiAOE ❑CCCUR MEDEP(AIYDIR1a16.) S PERSONLRAI D1URY S GENERALAGGWOATE S GENLA0GREGATEU1RTMPLIESPER. PRODUCTS-COWPOP AGO S POLICY ,do- ��LOC AUTOMOBILE ILBILITV AM'AUTO ' COm®NED 6WGLE llmli (Ea avAmq S _ BODILY W {P<r Pa9m1) $ ALLOAINEOAUTOS SCHEDULES AUl'O6 BODILY WJURV (Per a6ODmp $ HREDATOS NON -OWNED AUTOS PROPERTYDTM90E (Per�D S CARPLE LUIRILTY AUTOONLY-FAADC10EHT S OTHER TNNJ EAACC $ ANY AUTO S ITO ONLY AGG E%CE56 LIABILITY EACH OCCURRENCE S OCCUR ❑ CLAMS MILE AGGREGATE $ S S OECUCTRAE S RETENTION S WORMPENWT°NAND L 6 O H- TORY LIMIT: ER 6MPLOYIE.WOYER6'LYRILT' E.I EIGHACCIOEM E EL.DISEASE-EAEMPLOYEE S E L. DISEASE - POLICY UNIT S DTNBR A Builders Risk QT-660-492D4949 06/26/03 09/26/03 LocLimit $34,528 I $1,000 Deductible SPECIAL FORM TempLimit $15 000 DESCRIPTION DI OPEMTONbLOCpT1°N6NEHICLIBIE%L WlION6 ADDED RY ENDOR6EMENTr9P2UA PROVISIONS RE. Construction of Xeriscape/Landscape Detention Pond at North Branch Library. City of Den --on, its Officials, Agents, and Volunteers are Additional Named Ins=eds and Loss Payee as respects this Builders' Risk policy. CERTIFICATE HOLDER II' I ADDITIONAL INSURED; INSURER LETTER: CANCELLATION cITYD12 Said policy shall not be cancelled, nonrenewed or materially Chan City of Denton without 30 days advance written notice being given to the Owner (City) Purchasing Department except when the policy is being cancelled for nonpayment of premi sons Texas Street Denton TX 76209 in which case 10 days advance written notice is required. Ay�lyi PR6EENTATIYE 1\ � a , ACORD 26-S (7197) OACORD CORPORATION 1988 Ed im ACORD CERTIFICATE OF LIABILITY INSURANCE OPID TS OATE(M"vDDaY) 1 HARRI 1 07/01/03 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Baldwin Ins 6 Bonding Agency 1201 Kas Drive, Suite B HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE Richardson TX 75081 Phone: 972-644-2688 Fax: 972-644-8035 INSURED INSURER q National American Ins Co INSURER E'. City of Denton Purchasing Department 901B Texas Street Denton TX 76209 INSURER C' INSURER D: ---- INSURER EI THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INS LTR TYPE OFINSURANLE POUOY FUNKIER PO CY EFFEC71VECY DAWiNRVDDPrYI EYPIR1l10X DATE MMNONY LIMITS OENEPAL IIAeIl1TY EALH OCWRREICE 51000000 A X COMMEPCIAL GENERAL LOELTY BINDER 07/01/03 09/01/03 FIRED IAGE(Ay.re Ne) 5 MEDEXP(APy—per".) 5 CLAMS MPOE ❑OCCUR vERsoruLRAoulralum s X Owner/Cont Prot, GENERALAGGREGATE S 1000000 GENL AOGREGATE UMIT APPLIES PER. PRODUCTS-CONPAJPA l S POLICY yMT I LOO AUTOMOBRE WBIUTT ANV Aura COMEDIEO SINGLELIMIT (Ea auldent) 3 aorIL (Per personersar)) 5 I AU O NNED AUTOS 9CNEOULEO AUT05 EOOILYNUURY (Per actlaent7 S HIRED Art. OS NONOWNC-0AUTOS PROPE(Para—tident) OE (Per accmenq S CA EWBNTY AUTO ONLY - EAACCIDENT E OTHER THAN EX.ACC S 1 ANYAUTO 5 AUTO ONLM AGG EXCESS LVUHLL EACHOCWRRENCE L. AGGREGATE 5 OCCUR CUUMSMAx E 7 5 0 OUCTSLE 5 RETENPG4 8 YJC OTX� WORNgeFNPM.INBATION ANO Y THACCIDS ER E.L. EACHACOEENT 14 EMPILYERS' WBILITY E.L.01 SE-EAEMPLOYEE I EI-. DISEASE - POLICY LNIT 5 1 OrHEA DESCRIPTON OF OPERATONMOCATIONBNEHIC WEXCWEIONS ADDED SY ENDORSEMENTISPEOIAL PROVISION. RE: Construction of Xeriscape/Landscape Detention Pond at North Branch Library. CERTIFICATE HOLDER I Y I ADDITIONAL INSURED: INSURER LETTER: CANCELLATION CITYDI2 Said policy shall not be cancelled, nonrenewed or materially Chan without 30 days advance written notice being given to the Owner (City) City of Denton Purchasing Department except when the policy is being cancelled for nonpayment of premi 90113 Texas Street in which case 10 days advance written notice is required. Denton TX 76209 AUfllgp PRESS TATIVE 1� l _ ACORD 2S-S (7197) GACORD CORPORATION 1998 ad Jm CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Bidder's attention is directed to the insurance requirements below. It is highly recommended that bidders confer with their respective insurance carriers or brokers to determine in advance of Bid submission the availability of insurance certificates and endorsements as prescribed and provided herein. If an apparent low bidder fails to comply strictly with the insurance requirements, that bidder may be disqualified from award of the contract. Upon bid award, all insurance requirements shall become contractual obligations which the successful bidder shall have a duty to maintain throughout the course of this contract. STANDARD PROVISIONS: Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted work has been completed and accepted by the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter. As soon as practicable after notification of bid award, Contractor shall file with the Purchasing Department satisfactory certificates of insurance, containing the bid number and title of the project. Contractor may, upon written request to the Purchasing Department, ask for clarification of any insurance requirements at any time; however, Contractors are strongly advised to make such requests prior to bid opening, since the insurance requirements may not be modified or waived after bid opening unless a written exception has been submitted with the bid. Contractor shall not commence any work or deliver any material until he or she receives notification that the contract has been accepted, approved, and signed by the City of Denton. All insurance policies proposed or obtained in satisfaction of these requirements shall comply with the following general specifications, and shall be maintained in compliance with these general specifications throughout the duration of the Contract, or longer, if so noted: Each policy shall be issued by a company authorized to do business in the State of Texas with an A.M. Best Company rating of at least A . Any deductibles or self -insured retentions shall be declared in the bid proposal. If requested by the City, the insurer shall reduce or eliminate such deductibles or self -insured retentions with respect to the City, its officials, agents, employees and volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. . Liability policies shall be endorsed to provide the following: •• Name as additional insured the City of Denton, its Officials, Agents, Employees and volunteers. •• That such insurance is primary to any other insurance available -to the additional insured with respect to claims covered under the policy and that this insurance applies separately to each insured against whom claim is made or suit is brought. The inclusion of more than one insured shall not operate to increase the insurer's limit of liability. • All policies shall be endorsed to read: • "SAID POLICY SHALL NOT BE CANCELLED, NONRENEWED OR MATERIALLY CHANGE WITHOUT 30 DAYS ADVANCED WRITTEN NOTICE BEING GIVEN TO THE OWNER (CITY) EXCEPT WHEN THE POLICY IS BEING CANCELLED FOR NONPAYMENT OF PREMIUM IN WHICH CASE 10 DAYS ADVANCE WRITTEN NOTICE IS REQUIRED". • Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit providing for claims investigation or legal defense costs to be included in the general annual aggregate limit, the Contractor shall either double the occurrence limits or obtain Owners and Contractors Protective Liability Insurance. • Should any required insurance lapse during the contract term, requests for payments originating after such lapse shall not be processed until the City receives satisfactory evidence of reinstated coverage as required by this contract, effective as of the lapse date. If insurance is not reinstated, City may, at its sole option, terminate this agreement effective on the date of the lapse. SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: All insurance policies proposed or obtained in satisfaction of this Contract shall additionally comply with the following marked specifications, and shall be maintained in compliance with these additional specifications throughout the duration of the Contract, or longer, if so noted: [x] A. General Liability Insurance: General Liability insurance with combined single limits of not less than $500,000 shall be provided and maintained by the Contractor. The policy shall be written on an occurrence basis either in a single policy or in a combination of underlying and umbrella or excess policies. If the Commercial General Liability form (ISO Form CG 0001 current edition) is used: • Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual liability covering this contract and broad form property damage coverage. Coverage B shall include personal injury. Coverage C, medical payments, is not required. If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) is used, it shall include at least: Bodily injury and Property Damage Liability for premises, operations, products and completed operations, independent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures. • Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability. 1XI Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than $300,000 either in a single policy or in a combination of basic and umbrella or excess policies. The policy will include bodily injury and property damage liability arising out of the operation, maintenance and use of all automobiles and mobile equipment used in conjunction with this contract. Satisfaction of the above requirement shall be in the form of a policy endorsement for: any auto, or all owned, hired and non -owned autos. [x] Workers Compensation Insurance Contractor shall purchase and maintain Worker's Compensation insurance which, in addition to meeting the minimum statutory requirements for issuance of such insurance, has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 policy limit for occupational disease. The City need not be named as an "Additional Insured" but the insurer shall agree to waive all rights of subrogation against the City, its officials, agents, employees and volunteers for any work performed for the City by the Named Insured. For building or construction projects, the Contractor shall comply with the provisions of Attachment 1 in accordance with §406.096 of the Texas Labor Code and rule 28TAC 110.110 of the Texas Worker's Compensation Commission (TWCC). [) Owner's and Contractor's Protective Liability Insurance The Contractor shall obtain, pay for and maintain at all times during the prosecution of the work under this contract, an Owner's and Contractor's Protective Liability insurance policy naming the City as insured for property damage and bodily injury which may arise in the prosecution of the work or Contractor's operations under this contract. Coverage shall be on an "occurrence" basis, and the policy shall be issued by the same insurance company that carries the Contractor's liability insurance. Policy limits will be at least combined bodily injury and property damage per occurrence with a aggregate. [ ] Fire Damage Legal Liability Insurance Coverage is required if Broad form General Liability is not provided or is unavailable to the contractor or if a contractor leases or rents a portion of a City building. Limits of not less than each occurrence are required. [] Professional Liability Insurance Professional liability insurance with limits not less than per claim with respect to negligent acts, errors or omissions in connection with professional services is required under this Agreement. [ ] Builders' Risk Insurance Builders' Risk Insurance, on an All -Risk form for 100% of the completed value shall be provided. Such policy shall include as "Named Insured" the City of Denton and all subcontractors as their interests may appear. [ ] Additional Insurance Other insurance may be required on an individual basis for extra hazardous contracts and specific service agreements. If such additional insurance is required for a specific contract, that requirement will be described in the "Specific Conditions" of the contract specifications. ATTACHMENT 1 [x] Worker's Compensation Coverage for Building or Construction Projects for Governmental Entities A. Definitions: Certificate of coverage ("certificate ")-A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in §406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner -operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any overage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the Contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain from each other person with whom it contracts, and provide to the contractor: (a) a certificate of coverage, prior to the other person beginning work on the project; and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. Bid 3029 - Construction of Xeriscape/Landscape Detention Pond for North Branch Library PURCHASING DEPARTMENT Caty of Denton 901-B Texas St. Denton, TX 76201 PROPOSAL. (BID) FORM CITY OF DENTON, TEXAS Time: 2.00 p.m. Date: May 22, 2003 To: Purchasing Agent City of Denton, Texas 901-B Texas Street Denton, Texas 76209 Gentlemen: The undersigned having examined the Contract Documents entitled: Page 9 of 10 BID 3029 Construction of Xeriscape/Landscape Detention Pond for North Branch Library And having visited the site of the proposed construction, and having familiarized himself with the local conditions affecting the cost of the work, and with all addenda to the said documents, hereby proposed to famish all supervision, labor, materials, equipment, tools, and accessories and to do all work in accordance with said documents and addenda thereto for the stipulated sum of: thirty four thousand five hundri&ollars($ 34,527.74 ) Total Base Bid wen y seven dollars and seventy four cents Total Materials Incorporated into the Proiect $ 13,653.00 Total Labor Supervision and Materials Not Incorporated into the Proiect $ 20,874.74 ADDENDA: Acknowledge receipt of the following addenda which are part of the Bidding Documents by placing Addendum Addendum: Addendum No. Addendum No. Addendum No. The undersigned bidder hereby declares that he has visited the site of the work and has carefully examined the Contract Documents pertaining to the work covered by the above bid, and he further agrees to commence work within ten (10) days after date of written notice to proceed and to substantially complete the work on which he has bid within 45 consecutive calendar days subject to such extensions of time allowed by specifications. The undersigned bidder agrees that his bid shall be good and may not be withdrawn for a period of 60 calendar days after the scheduled closing time for receiving bids. The undersigned bidder understands that the Owner reserves the right to reject any or all bids and to waive any informalities in the b'_dding. PURCHASING DEPARTMENT City of Dutton 901-B Texas St. Denton, TX 76201 BID GUARANTY, BID INVITATION CITY OF DENTON, TEXAS Enclosed with this Bid is a Certified Check for. Dollars or a Bid Bond in the sum of 5 % Dollars ($ Page 9 of 10 which it is.agreed shall be collected and retained by the Owner as liquidated damages in the event this Bid is accepted by the Owner within 60 days after the bids are received and the undersigned fails to executed the Contract and the required Bonds with the said Owner within ten (10) days after the date said Bid is accepted: otherwise said check or bond shall be returned to the undersigned upon demand. Harrison Quality Construction, Contrac toy (firm name) Authorized Signature President Title Address 4818 Dozier Road ---C1Zy,State,ZipY;ode Telephone (972) 939-0925 Inc. (If corporation, attest and affix a Corporate Seal) PURCHASING DEPARTMENT City of DeRWR 901-8 Texas St. DetAW,TX 76201 STATE OF TEXAS COUNTY OF non t. A BED INVITATION CITY OF DENTON, TEXAS CONTRACTORS AFFIDAVIT OF BILLS PAID (To be executed prior to acceptance of project) Personally, before me the undersigned authority, on this day appeared Sherri Hnfrison , who, being duly sworn, on oath, says that he is a legal representative of name of Contractor as in Page 10 of 10 and that the contract for the construction of the project, designated as XP r i s r-ap_P. / T, a n (JG r a pe Detention Pond for North Bram has been satisfactorily completed and that all bills for materials, apparatus, fixtures, machinery, and labor used in connection with the construction of this project have, to the best of my knowledge and belief, been fully paid. s�}'Gt iiy /j Q , � tnJ (Sim ature) President (Title) Swomtoand subscribed before methiJ2nd22nd dayof May 2003 .✓" !COME LAA E TAYLOlk (month and year) AA1MCSTATEOFTWS iiii AI00 n tz, zltosNotary Public in and for -- - - Denton County, Texas Instructions: If the contractor is an individual, he shall sign the affidavit. If the contractor is a partnership, any partner may sign the affidavit. If the contractor is a corporation, a person authorized by the bylaws or by the Board of Directors shall sign the affidavit. If the Contractor is a joint venture of individuals, any of the individuals may sign the affidavit. If the Contractor is a joint venture of partnerships, or of individuals and partnerships, the affidavit maybe signed by the individual or any partner of any partnership. If the contractor is a joint venture in which a corporation is a party, separate affidavits must be executed in the name of the joint venture; one by each corporation and one by each individual or partnership. Signatures for corporations should be by a duly authorized officer. If signature is by another, showing of authority to sign must accompany the affidavit.