HomeMy WebLinkAbout2002-234AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS
CONTRACT FOR THE CONSTRUCTION OF THE DENTON NORTH BRANCH LIBRARY;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN
EFFECTIVE DATE (BID 2819—DENTON NORTH BRANCH LIBRARY AWARDED TO
HARRISON QUALITY CONSTRUCTION INC.IN THE AMOUNT OF $2,499,000).
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 best value bids based on the selection criteria listed in the request
for 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 best value bids based on the selection criteria listed in
the request for bids:
Wfl1
NUMBER CONTRACTOR AMOUNT
2819 Harrison Quality Construction, Inc. $2,499,000
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
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 th Z A4�1
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: )fl 1=,A
APPR VED GAL FORM:
HERBERT L. PUTY, C Y ATTORNEY
BY:
3-ORD- BID 2819 Denton North Branch Library
day of 2002
(-� Ck
EULINE BROCK, MAYOR
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CONTRACT AGREEMENT
STATE OF TEXAS §
COUNTY OF DENTON §
THIS AGREEMENT, made and entered into this ---23—day of July
A.D., 2000, 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
of the City of Carrollton , County of Dallas
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:
in the amount of $2,499,000 and all extra work in connection
therewith, under the terms as stated in the General Conditions of the agreement; and at his (or
their) own proper cost and expense to furnish all materials, supplies, machinery, equipment,
tools, superintendence, labor, insurance, and other accessories and services necessary to
complete the work specified above, in accordance with the conditions and prices stated in the
Proposal attached hereto, and in accordance with all the General Conditions of the Agreement,
the Special Conditions, the Notice to Bidders (Advertisement for Bids), Instructions to
Bidders, and the Performance and Payment Bonds, all attached hereto, and in
CA - 1
accordance with the plans, which includes all maps, plats, blueprints, and other drawings and
printed or written explanatory matter thereof, and the Specifications therefore, as prepared by:
all of which are made a part hereof and collectively evidence and constitute the entire contract.
Independent Status
It is mutually understood and agreed by and between City and Contractor that
Contractor is an independent contractor and shall not be deemed to be or considered an
employee of the City of Denton, Texas, for the purposes of income tax, withholding, social
security taxes, vacation or sick leave benefits, worker's compensation, or any other City
employee benefit. City shall not have supervision and control of Contractor or any employee
of Contractor, and it is expressly understood that Contractor shall perform the services
hereunder according to the attached specifications at the general direction of the City Manager
of the City of Denton, Texas, or his designee under this agreement.
Indemnification
Contractor shall and does hereby agree to indemnify and hold harmless the City of
Denton from any and all damages, loss, or liability of any kind whatsoever, by reason of injury
to property or third persons occasioned by any error, omission or negligent act of Contractor,
its officers, agents, employees, invitees, and other persons for whom it is legally liable, with
regard to the performance of this Agreement, and Contractor will, at its cost and expense,
defend and protect the City of Denton against any and all such claims and demands.
Choice of Law and Venue
This agreement shall be governed by the law of the State of Texas and venue for its
construction and enforcement shall lie in the courts of Denton County, Texas.
The CONTRACTOR hereby agrees to commence work on or after the date established
for the start of work as set forth in written notice to commence work and complete all work
within the time stated in the Proposal, subject to such extensions of time as are provided by the
General and Special Conditions.
The OWNER agrees to pay the CONTRACTOR in current funds the price or prices
shown in the Proposal, which forms a part of this contract, such payments to be subject to the
General and Special Conditions of the Contract.
CA-2
IN WITNESS WHEREOF, the parties of these presents have executed this agreement
in the year and day first above written.
AT T:
4
APPROVED AS TO FORM:
CITY ATTdkNEY
CA-3
-1-1
W000/
(SEAL)
Harrison Quality Construction, Inc.
CONTRACTOR
4818 Dozier Road
Carrollton, TX 75010
MAILING ADDRESS
(972)939-0925
PHONE NUMBER
(972)939-0926
FAX NUMBER
BY: T Ul ll
TITLE
Sherri Allen, President
PRINTED NAME
(SEAL)
JUN.25.2002 23:49 940 349 7302 CITY OF DENTON PURCHASING #2976 P.005/007
HH 0105
ADDENDA
The undersigned agrees that the following Addenda, which have been I
have been received and have been considered both before and in the
the bidding period,
Addendum No. 1
Date: (P Z "OZ
Initial
Addendum No. 2
Dale:
Initial
Addendum No. 3
Data: 2 �' e y
initial
Addendum No. 4
Date:
Infidel
Addendum No. y5 _
Date: 'Z -0v
Initial
Addendum No. �_
Date: 2 Dz
Initial
Addendum No.
Data,
Initial
Addendum No.
Date:
Initial
OFFER
BIDDING DOCUMENTS: Having examined the Drawings, Specifications, and all other Bidding
Documents for Old 02819 - North Branch l.8uarv, and having examined the promises and
circumstances affecting the Work, the undersigned hereby presents the following offer:
OFFER: go lumish all labor, material, tools, equipment, transportation. bbnds, all applicable taxes,
Incidentals, and other facilities, and to perform all Work for the North Branch Library.
Total Bid Amount of:
01, /
i
ALTERNATES
The following listed alternate prices shall be Bled in and submitted with the Bid Form. It Is agreed that
all work to be performed under accepted aternate prices shall conform tp the applicable Contract
Documents, and shall include all work in connection with or consequent to the alternate price work to
produce a Complete installation, as further described In Section 01230 - Alternates.
i
Alternate prices shah be all inclusive of the cost of materials, work and profit, supervision. administration
and any and all other costs in connection therewith for work In place and accepted or omitted as the
cause may be, and shall hold for the some period as the bid.
OD410-2 0e2e102
:49 990 349 7302 CITY U DENTON PURCHASING
#2976 P.004/007
HH 0106
a undersigned hereby proposes the following prices for Alternates, the selection of which shell be at
the Owner's option;
Alternate No,1 - Single -Ply Membrane Roofing, In Ileu of Modified Bitumen Roofing as specified
WO) (DEDUCT)_'UJC—LVc ���17SA0.�D "X0C5_ Dollars
($ _ ( 7Z
Alternate No. 2 - Thermoplastic Membrane Roofing, in lieu of Modified Bitumen Roofing as specified
(ADD) (i' ) 7W � FO o it _—Fj4ouSPCjL3i�
UNITPRICES
The undersigned hereby agrees that each Unit Price submitted represents full compensation for either
additions to or deductions from the Contract Sum In the event actual qudntlaes of work In place differ
from those Indicated in the Contract Documents. Adjustment shall tie made in accordance with
applicable Division 1 - General Requirements Sections,
A. Drilled Piers: The undersigned agrees In the event actual quantitieis of work In place differ from
those indicated In the Contract Documents, the following unit prices will be used for drilled pier work
as des6bed in Section 02466:
�Q
1, - inch diameter piers, per lineal foot: S
2. inch diameter piers, per lineal foot: $ ( �
B. Steel Casings: The undersigned agrees In the event steel casings fordrllled piers are required, the
following unit prices will be used in determining the cost for drilled pte( casing work as described In
Section 02465:
1. /) •inch diameter piers, per lineal foot: $ :3-5 —0—_
- inch diameter piers, per final foot:
COMPLETION DATE
The Undersigned, If notified of the acceptance of this Bid within sixty (60) days after the date set for the
receipt of Bids, agrees to exeoute the formal Agreement, to deliver the required Certlficete of Insurance,
Performance Bond in the amount of ONE HUNDRE D TEN PERCENT (11Ole) of the proposed Contract
Sum for the faithful performance of the Work, and aONE HUNDREO PERCENT (100%) Payment Bond
within ten (10) days thereafter and, if approved by the Owner, agrees to onto into a contract for the Work
for ftte above -stated Bid Sum.
ssrtervz 00410-3
PERFORMANCE BOND Bond No. TXIFSU0341689
STATE OF TEXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS: That Harrison QiWity Cnngtruction_
lar —whose address is 4818 Dozier Road Carrollton, TX 75010
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 Owner, in the penal sum of Two Million Four Hundred
'^.'Ninety Nine Thousand and 001100 DOLLARS ($ 2 49900• 000 ) 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 200M34
with the City of Denton, the Owner, dated the 23 day of July
A.D. 2002—, a copy of which is hereto attached and made a part hereof, for
North Branch Library
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill
all of the undertakings, covenants, terms, conditions and agreements of said Contract in
accordance with the Plans, Specifications and Contract Documents during the original term
thereof and any extension thereof which may be granted by the Owner, with or without notice
to the Surety, and during the life of any guaranty or warranty required under this Contract, and
shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions
and agreements of any and all duly authorized modifications of said Contract that may
hereafter be made, notice of which modifications to the Surety being hereby waived; and, if the
Principal shall repair and/or replace all defects due to faulty materials and workmanship that
appear within a period of one (1) year from the date of final completion and final acceptance of
the Work by the Owner; and, if the Principal shall fully indemnify and save harmless the
Owner from all costs and damages which Owner may suffer by reason of failure to so perform
herein and shall fully reimburse and repay Owner all outlay and expense which the Owner may
incur in making good any default or deficiency, then this obligation shall be void; otherwise, it
shall remain in full force and effect.
PROVIDED FURTHER, that if any legal action be filed upon this Bond, exclusive
venue shall lie in Denton County, State of Texas.
AND PROVIDED FURTHER, that the said Surety, for value received, hereby
stipulates and agrees that no change, extension of time, alteration or addition to the terms of
the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications,
Drawings, etc., accompanying the same, shall in anywise affect its obligation on this Bond,
and it does hereby waive notice of any such change, extension of time, alteration or addition to
the terms of the Contract, or to the Work to be performed thereunder, or to the Plans,
Specifications, Drawings, etc.
This Bond is given pursuant to the provisions of Chapter 2253 of the Texas
Government Code, as amended, and any other applicable statutes of the State of Texas.
The undersigned and designated agent is hereby designated by the Surety herein as the
Resident Agent in Denton County to whom any requisite notices may be delivered and on
whom service of process may be had in matters arising out of such suretyship, as provided by
Article 7.19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas.
IN WITNESS WHEREOF, this instrument is executed in Four 4 copies, each one of
which shall be deemed an original, this the 2ard_day of July , 2002 ,
ATTEST:
BY:
SEC TARY
ATTEST:
(2SQIil M
Harrison Quality Construction,
Inc.
BY: (.-li✓
RESIDENT
SURETY
' International Fidelity Insurance Company
BY: l>.�
BY:
ATTORNEY -IN -FACT Michael :B. 'Hi l l
The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service
of the process is:
NAME: will n Baldwin Baldwin Insurance and Bonding Agency Inc
STREET ADDRESS: »ol Kos or -,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's name.)
PB-2
l
PAYMENT BOND Bond No. TXIFSU0341689
STATE OF TEXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS: That Harrison Quality Construction,lnc.
_whose address is 4818 Dozier Road Carrollton_ TX 75010
hereinafter called Principal, and International Fidelity Insurance Company
a corporation organized and existing under the laws of the State of Nm 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 Owner, and unto all persons, funs, and corporations who may
furnish materials for, or perform labor upon, the building or improvements hereinafter referred
to, in the penal sum of Two Million Four Hundred Ninety Nine Thousand and001100
DOLLARS ($2,49 00. 00 ) 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 200 - .34
, with the City of Denton, the Owner, dated the 23 day of -July
A.D. 2002 a copy of which is hereto attached and made a part hereof, for
North Brand Library
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties
and make prompt payment to all persons, firms, subcontractors, corporations and claimants
supplying labor and/or material in the prosecution of the Work provided for in said Contract
and any and all duly authorized modifications of said Contract that may hereafter be made,
notice of which modifications to the Surety being hereby expressly waived, then this obligation
shall be void; otherwise it shall remain in full force and effect.
PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive venue
shall lie in Denton County, Texas.
AND PROVIDED FURTHER, that the said Surety, for value received, hereby
stipulates and agrees that no change, extension of time, alteration or addition to the terms of
the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications,
Drawings, etc., accompanying the same, shall in anywise affect its obligation on this Bond,
and it does hereby waive notice of any such change, extension of time, alteration or addition to
the terms of the Contract, or to the Work to be performed thereunder, or to the Plans,
Specifications, Drawings, etc.
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 Four I4)copies, each one of
which shall be deemed an original, this the 23rd day of July 2002
ATTEST:
BY: a,
5 RY
ATTEST:
BY:
PRINCIPAL
Ij�. OF
PRESIDENT
SURETY
Int.prnatinnal Fidelity Insurance
C�omoany
BY:..a�-�'/
ATTORNEY-IN-FACTmichael.B. trill
The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service
of the process is:
NAME: William D. Baldwin, Baldwin Insurance and Bonding Agency, Inc.
STREET ADDRESS: 1701 ¢a= n. , 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's name.)
Ham
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
succe,vsfal 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 tq 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
$1,000,000 shall be provided and maintained by the Contractor. The
policy shall be written on an occurrence basis either in a single policy or in a
combination of underlying and umbrella or excess policies.
If the Commercial General Liability form (ISO Form CG 0001 current edition) is
used:
• Coverage A shall include premises, operations, products, and completed
operations, independent contractors, contractual liability covering this
contract and broad form property damage coverage.
• Coverage B shall include personal injury.
• Coverage C, medical payments, is not required.
If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition
and ISO Form GL 0404) is used, it shall include at least:
• Bodily injury and Property Damage Liability for premises, operations,
products and completed operations, independent contractors and property
damage resulting from explosion, collapse or underground (XCU)
exposures.
• Broad form contractual liability (preferably by endorsement) covering this
contract, personal injury liability and broad form property damage
liability.
V l Automobile Liability Insurance:
Contractor shall provide Commercial Automobile Liability insurance with Combined
Single Limits (CSL) of not less than 1500,000 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.
QQ 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.
eiand
authojity,
Seal ofthe .compa ny thereto, bonds and'e
to
IMPORTANT NOTICE
TO OBTAIN INFORMATION OR TO 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 No. (512) 475-1771
PREMIUM OR CLAIM DISPUTES
Should you have a dispute concerning your premium or about a claim, you should contact
the company first. if the dispute is not resolved, you may contact the Texas Department
of Insurance.
ATTACK THIS NOTICE TO YOUR POLICY
This notice is for information only and does not become a part or condition of the
attached document.
From: Tina Sparks 9726448035 To: Denise Date: 817I2002 Time: 11:49:08 AM Page 2 of 5
ACORD CERTIFICATE OF LIABILITY
INSURANCE OPID Ts GATQ tMmoO )
HARRI 1 08/07/02
PROfucQR
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: 972-644-8035
INSUREO
INSWER A. National Amerioan Ins CO
R Re
H3rrlsm Quality construction
Sherri Allen
INSURERQ
4818 Dozier Rd.
Carrollton TX 75010
RaWEa o:
INSWER 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.
INSR
UX
TYPE OF INSURANCE
POLLCY NUMEHR
WFOOM
DATF %AMMO
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LIMIT&
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EACH OCWRRENCE
S 1000000
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MP3627842K
11/05/Ol
11/05/02
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PRVOVCTS-COIOJOP AGO
s 2000000
POtJCY X UECT LOC
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AU3234642K
11/05/01
11/05/02
COMEDEO SINGLE UNT
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OE&CRIPr10N OP OPQMTONNAOpTON&NEIIICt88�E%CWeIONSA00F0 QY fNOORfIMEMOSP000LL PROVIMONB
RE: Denton North Branch Public Library
City of Denton, its Officials, Agents, Employees & Volunteers are Additional
Insured as respects the General & Auto Liability. Waiver of Subrogation in
favor of the Additional Insureds as respects the General & Auto Liability.
yGrtlr�n.lsIC AVLYCR I f IAVPnI aew.6'RBVNEN lvR.. MPI.GLL.N I I.e.
City of Denton
901B Texas Street
Denton TX 76209
CITYD12 Said policy shall not be cancelled, nonrenewed or materially chan
Without 30 days advanced written notice being given to the Owne
(City) except when the policy is being cancelled with nonpayment
premium in which case 10 days advance written notice is required.
From: Tina Sparks 9726448035 To: Denise Date: 8/7/2002 Time: 11:49:08 AM Page 5 of 5
ACUR-0 CERTIFICATE OF LIABILITY INSURANC%,Rop1D T DATE(MINODIYI')
I 1 08/07/02
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Baldwin Ina 6 Bonding Agency HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
1201 Kas Drive, Suite B ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Richardson TX 7SO81
Phone: 972-644-2688 Fax:972-644-8035 INSURERS AFFORDING COVERAGE
INSURER A, Travelers Insurance Cc
INSURER B:
Harrison Quality Construction INSURER c:
Sherri Allen ... __
4818 Dozier Rd. INSURERD:
Carrollton TX 75010 pCeC.----
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSUREC 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.
LTR
TYPE OFINSURANCE
POLICY NUMBER 1 DATE MMRIOIYY DATE MMIOOIYY
LIMBS
GENERAL LMSARY
COMMERCIAL GENERAL LIABILITY
CLAIMS MADE OCCUR
I
EACH OCCURRENCE
FIRE DAMAGE (My one fire) $
MED EXP (My one P..) $
PERSONAL BADV INJURY $
GENERAL AGGREGATE i$
GENL AGGREGATE LIMIT APPLIES PER:
POLICY JECT LOC
PRODUCTS-COMP/OP AGO
$
AUTOMOBILE
LIABILITY
ANY AUTO
ALL OWNED AUTO$
SCHEDULED AUTOS
HIRED AUTOS
NON -OWNED AUTOS
'
i
I
j
I
COMBINED SINGLE LIMB
(Ea aoNdeM)
$
BODILY INJURY
(Per Person)
:BODILY INJURY
i (Perawdonl)
S
$
PROPERTY DAMAGE
(Per awdtl U
S
GARAGE LIABILITY
ANY AUTO
I
AUTO ONLY - EA ACCIDENT
$
OTHER THAN EA ACC
AUTO ONLY: AGO
$
$
EXCE$$UABILRY
OCCUR CLAIMSMADE
DEDUCTIBLE
RETENTION $
EACH OCCURRENCE
$
AGGREGATE
f
$
_
$
WORKERS COMPENSATION AND
EMPLOYERS' LUABILRY
TORY LITU
MITS ER
__
E.L. EACH ACCIDENT
$
$
E.L. DISEASE - EA EMPLOYEE
E.L DISEASE -POLICY LIMIT
$
A
OTHER
Builders Risk
$2 500 Deductible
BINDER 08/02/02
SPECIAL FORM I
08/02/03
LocLimit 02500000
T Limit $ 250000
DESCRIPTION OF OPERATKINSILOCAMOMSNEHICLESIEXCLUMONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS
RE: Denton North Branch Public Library, 3020 N. Locust Street, Denton, TX
Certificate Holder is Loss Payee as respects the Builders- Risk Coverage.
nvcvcn In
CITTDI2 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE WSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO 00 $0 SHALL
City of Denton IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
901B Texas Street
Denton TX 76209 REPRESENTATIVES.
ALUKDRIZED REPRESENTABVE A _ _ t
CRD
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Lav,4.u: .d.4- x.,r Id�'.`.r,1J„a1uvl'>,aDoATsE/o(Mvnwo2ov�
u��`LR-s ran< .c•,_.u,.... ... ,...0 �a _U .J•,.v. n._vx 1.14.._,{...,.,1 . ,. .__,. ,__
PRODUCER-
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
-
ONLY AND CONFERS NO RIGHTS UPON THE CERIIFICATE
-
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
Sammy J. Ray Insurance Agency
ALTER THE COVERAGE AFFORDED BY THE POLICIES DELOW.
GOMPANIE$..0.FFORDiN0 CCOVERAGE
PO Box 1226
Euless, Yx 76039-
COMPANYTexas Mutual Insurance Company
WSUREO
COMPANY
1st Odyssey Group, Inc.
B
204 N. Ector
COMPANY
Euless, TX 76039-
C
Re: Harrison Quality Construction, Inc.
UUMPANY
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����AA���.�d, "•hl `~4 'fry l'vi�,l`�-:.� L� '\.f„ µlt..:l�
,�_ Yt�.n14 „M ,F�') IA }`I...I lln .-...F .ut .i ...:11i l�'#"�ilM..4..
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR I He POLICY PERIOD
i N n ICATED, NOTWITHSTANDING ANY REQ U I HE MENT. 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
TYPE OFINSURANCE POLICY NUmam POLICY FSFKCTIVE POLIGYEXFlMi1ON LIMITS
LTRT DATE(MMIDDIYY) DATE(MM/ODlY11
GENERALLABILITY
1
GENERALAGGRCGATE
E
COMMERCIAL GENERAL LIABILITY
I
--
PRODUCTS, COMPOO AGG
_
f
CLnDlC MADc I 1 oCGUn I
I
-PERSONAL S AOV INJURY
S
_
OWNER'S A CONTRACTORS PROT
I
EACH OCCURRCNCE
S — , —
FIRE DAMAGE (Any
i
MED EXP (MY Pne PDroAn)
9
AUTOMOBILE LIABILITY
�—
COMBINED SINGLE LIMIT
3
ANY AUTO
ALL OWNED AUTOS
BODILY INJURY
3
SCHEDULEDAUTOS
(Par pareun)
L
HIRED AUTOS
BODILY INJURY
S
NON-0WNEO AUTOS
- ----- ---
PROPERTY DAMAGE �
3
GARAGE LABILITY
AUTO ONLY-u ACCIDENT_
A
_
ANY AUTO
II
OTHER THAN AUTO ONLY_�__;_.,-
_I
_ EACHACCMSNT
I _
—
I
AMMIQMECATE
If
CXCESS LIADILITY
EACH OCCURRENCE
3
UMBRELLA FORM
I
AGGREGATE
3
OTHER THAN UMBRELLA FORM
I
X IOFY LIMITSI DER,"
WORKERS GONPENSATION AND
EMPLOYERS' LIABILITY
ELEACHACCIDENT _
3 600,000 _
IA
THE PROPRIETOR/ INCL
TSF0001084137 j 06/30/02
06/30/03
EL DISEASE -POLICY LIMIT-�5
—'
1000,000
_
PARTNERS/C•XECUTIVIS 1
OFPIC- ARE'. FXr.I
ELMSEASE-EA EMPLOYEE
S 1000000
O HER
Specific Waiver of Subrogation
in Favor of City of Denton
DESCRIPTION OF OPERATIONSMOCATIONSNEHICLESISPECAL ITEMS
i Project: Bid It 2819 - Denton Public Library -North Branch.
�
Ju' I: ;�--� ''
" 'GA�S�EEL`A�;11:1,N !t )4�•�:?<ow .�p!,.ul _u11 iti :`_"iyF �' un(�il 4i.i LL T : �:.•^�lG,t�;
��..�.'1TI�It2AT�+i1.OLDE13'!x,:.�y ..;1:' I.. ,. -.
H530TXIF
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES OR CANCELLED BEFORE THE
City Of Denton
EAPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
Attention: Purchasing Dept.
y30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT.
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR UASILITY
901-B Texas Street
OF ANY KWD UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES,
iDenton, TX 7S209
AUTHORIZED REPRESENTATIVE
Sammy) Ray m"''_•
. ,5-.. -•- L •• ,.>.".;_. J f 1 . `I ,.
nr•.YdR�I'I'JAECTPd7AK1'Ic� _.,M,.,l.
-
-';. , RL r �IW` I"1�1- 1�`, IO.N� 88,:
5