2003-178NO.
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; PROVDING FOR THE EXPENDITURE OF
FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BD 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
3029
CONTRACTOR
Harrison QualityConstmction
AMOUNT
$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 ora 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 fimds 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 /~/~'dayof ~ ,2003.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
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 Ci~ 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 Qualit~ Construction, Inc.
4818 Dozier Rd.
Carrollton, TX 76010
of the City of Carrollton , County of Denton and State of Texas , hereinafter termed
"CONTRACTOR."
WlTNESSETH: 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 Management Department
ali 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 agaln~t any and all such clalm~ 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:
City of Denton
(SEAL)
Harrison Oualitv Construction
CONTRACTOR
4818 Dozier Road~ Carrollton~ TX 75010
MAILING ADDRESS
972-939-0927
PHONE NUMBER
972-939-0927
APPROVED AS TO FORM:
TITLE
Sherri Harrison, President
PRINTED NAME
(SEAL)
CA - 3
PERFORMANCE, BOND Bond No. TXIFSU0341767
STATE OF TEXAS §
COUNTY OFDENTON §
.~NOW ALL MEN BY THESE PRESENTS: That Harrison Quahty Construction,
Inc.~chose address is 4818 Dozier Rd., CarrolltoR, TX 76010 ..~ ,
hereinafter cared 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 orgaalzed and existing under the laws of the
State of Texas, hereinafter called Ow~x, in the penal sum of ..-Thirty-Four Thousand Five
Hundred Twenty-Seven and 74/100q~OLLARS ($ 34,527.74°f'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 assigus, jointly and severally, fixmly 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: Where. as, the
Principal entered into a certain Contract, identified by Ordinance Number 2[K)3-178, with the
City of Denton, the Owner, dated the 18th day of June A.D. 2003 %'fa copy of which is
hereto attached and made a part hereof, for Bid 3~29 - Construction of
Xeriscape/Landscape Detention Pond for North Bran~h Library ~
NOW, THEREFORE, if thc 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 thc 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 modificatiens 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
thc 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 flied 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, slmll 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 purs.~ut to the provisions of Chapter 2253 of the Texas
Government Code, as amended, and any other applicable statutes of the State of Texas.
The undersigued and desi~ated 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 ,200:~''~ .
ATTEST:
\
BY: ~e
SECRETARY
PRINCIPAL
Harrison Qqali~y Constructipn. Inc.
PRESIDENT
, ! ~]//q / ~'~international Fidelity Insurance Company,..*
BY: ~~/~.,t.~/~ __. __
ATTORNEY-IN-FACT Cindy Fowler .
The Resident Agent of the Surety in Detaon 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.
corporation, give a person's name.)
PB - 2
If Resident Agent is not a
PAYMENT BOND
Bond No. TXIFSU0341767
STATE OF TEXAS §
COUNTY OF DENTON §
.~lqOW ALL MEN BY THESE PRESENTS: That Harrison Quah~ Construction,
Inc.,,~, whose address is 4818 Dozier Rd., Carrollton, TX 76010 ,
hereinafter called Principal, and International Fidelity Insurance Company ~ ,
a corporation organic, ed and existing under the laws of flu: State of Now .l~,~y , and fully
authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto
the City of Denton, a municipal corporation organized and existing under the laws of the State
of Texas, hereinafter called Owner, and unto all persons, firms, and corporations who may
furnish materials for, or perform labor upon, the building or improvcnnents hereinafter
referred to.~ in the penal sum of ~hirty-Four Thousand Five Hundred Twenty-Seven and
74/100,B~LLARS ($ 34,527.749"~ 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,
ikmly 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:
Principal entered into a certain Contract, identified by Ordinance Number
thc City of Denton, the Owner, dated the '18th day of June A.D.
of which is hereto attached and made a part hereof, for Bid 3029 -
Xeriscape/Landacape Detention Pond for North Branch Library.v~
Whereas, the
2003-178 , with
2003 ,~copy
Construction of
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 tim 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 ~ereundcr, or to thc Plans, Specifications,
Drawings, etc., accompanying the same, shall in anywise affect its obligation on thi~ Bond,
and it does hereby waive notice of any such change, extension of time, alteration or addition to
the trnns 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 Ctmpter 2253 of the Texas
Government Code, as amended, and any other applicable statutes of the State of Texas.
The undersigned zncl 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'procass may be had in matters axising out of such suretyship, as provided by
Article 7.19-1 of the Insurance Code, Vernon's Annotated Civil Stavates of the State of Texas.
IN WITNESS WHEREOF, this instrument is executed in ~ copies, each one~0f
which shall be deemed an original, this the 18th day of June , 2003~.
ATTEST
BY: ~¢
SECRETARY'-"---
PRINCIPAL /
Harrison Quality Construction,linc.
ATTES~j .
BY: ~~~ /~//} ~AtUernR~ati~°°na' Fidelity 'nsJ4rance C°m P~
The Resident Agent of the Surety in Denton County, Texas for delivery of notice and servi~e
of the process is:
NAME: Baldwin Insurance and Bond n.q A.qency, Inc.. William D. Baldwin
STRE]~T ADDR.F_~S: 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's name.)
PB- 4
: This Power oi~;Attomey is executed; and maybe:revoked, pursuant to and.~y autl!onty of ,~rtle~ 37~ecuo~l 3. of the BI~,- ,Laws adopted,bytl~ Board o
Directefs of INTERNATIONAL FIDELITY ,INSURANCE COMPANY at a meettog ca ed and held on the 7th dsy~of l~ebruary, I974.
~i President or ~ny Vice President~:Executive ~Vic¢ Presidan, t. Secretary or Assislant Secretary, shah have power:!nd authority
'~'ii To appoint'~it°l~eys:in-f~t, and to authoriz~ them to e~ecute on beha f of the C~raipan~ and a~ch the Seal 0~ the Company thereto bonds and
uiide/iilkings contraries of ndemnity an~ Other writings obi Eatery n t~¢ ~atu~e thereof ~ :~
: ~i..~ ~.:~2) To:remove, at afi~ time, any such atlomey-in~fec(~nd'revol~ th~ authority gN~n. :~ :~ ~?:~ .' :: :~i ~ · .:
Fur~er, this Power of ~fi0fitey is signed and sealed by fac~imiie: pu~s. ua~i to 'r~solution of tile Bokrd bf Direct0i's of ~id:Company adopted at a mee~g
duly called and held 6ri;the 29th dsy of Apfi, 1982 of which;the following ts a U'ue except:
Now therefore the; signatures of.such officers and the seal of the Compa~y~ma.y be affixed toga,ny, such power et: a~rney or.~y e~ytificate relating thereto by
facsimile, and any such power of attorney Or eii'tificate bearing such f~osimile s~gnatores 9r .f~e simile, s~.atshall be:vahd and bm~lml~ upon:the C. ompany and any
such power so executed and cci'tiffed:by facsimile signath/~s and facsimile seat shall:be,vahd and binding upon the Company m me future w~th respect to any
IN TESTIMONY WHEREOF INTERNATIONAL FIDELITY INSURANCE COMPANY has caused,this insirument to be
signed and its corporate seal to be affixed by ts authorized officer, th s 31st day of ~ugnst. A.D. 1998.
STATE OF NEW JERSEY
County of Essex
On this~31st da~/of A~Fgu~ :1998, before me ~am~'thedndi~id _ua~ who'executed' the~l?recedthg~s_~u3mant~_ _to_m_e:~_~_rs~o~a_ll~/kn_~ _wn~:aa.d, being b)~e duly
:sworn said the he is the therein described .aqd authorized officer of~e: ~!NTE~ATIOI~ELITY IN~U __R._~2/CE COMPANY;tI~t the s~at3mxea to
si/id te~s~ent is the/Corporate Seal of sa~d C0~pany; that the saul Corporate Seal and Iris signature were duly affixed~by.orde~':of the Board of Du'ectors of
said Company. ~.: , .:
y' IN TESTIMONY WHEREOF;,I lmv~.e~u~to set my _h~nd affixed my ?;ficial ~1~;'
, · ~ .at, ~Ci~6~ Newa?k. N~ Je~'~e~y ~d yea~ first ~bbve ~fi~n.: ~
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 0,,0 ,s I
F~%RI-1 06/24/03
Baldwin Ins & Bon~ingA~ency
1201 Ka~ Drive, Suite B
Richard;on TX 75081
Phone: 972-644-2688 Fax: 972-644-8035
HarrisonCarrollton4818SherriDozier Alle~ Quality Tx~d' 75010 Construction~
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW,
INSURERE AFFORDING COVERAGE
Underwriters of Lloyds, London
COVERAGES
~ .j~ OCCUR;C-~CE $ 1000000
~4627842K 11/05/O2 11/05/03 -- FtRE~/~GE(~On~e) $ 100000
/ ~D ~ (~ ~ parse) $ 5000
~4215442K
11/05/02
1~/05/03
200OOOO
4951049 01/06/03 0~/06/04~ ~.~.~c~cc~ ~; 1000000
CERTIFICATE HOLDER
City of Denton~
Purchasing Del~artment
9018 Texas Street
Denton TX 76209
CITYD12
Said policy ~ not be cancelled, nonrenewed or materially chang
without 30'Eays advance written notice being given to the Owner (City',
except when the policy is being cancelled for nonpayment of prem
in which case 10 days advance written notice is,,~-~uired.
ACORD 25-S (7/97) G ACORD CORPORATION 1988
ACORD. CERTIFICATE OF LIABILITY INSURANCE oP,o I
· · F~RR/-1 06/24/03
Baldwin Ins & BondingAgency
1201 Kas Drive, Su/te B
R~chardson TX 75081
Phone: 972-644-2688 Fax: 972-644-$035
Harrison Quality Construction
cit of Dentc~
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS No RIGHTS UPON THE CERTIFICATE
HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
COVERAGES
A B~lders ~k QT-660-492D49~9 06/26/03 09/26/03 LocL~t 034,52~
~= Const~ction of Xeriscape/L~dsca~ Det~tion Pond at North ~ranch
policy.
CERTIFICATE HOLDER
City of D~ntcn
Purchasing Department
901B Texas Street
D~nton TX 76209
CITYD12
Said policy shall not be cancelled, nonrenewed or materially chan(
without 30 days advance written notice being given to the Owner (City}
except when the policy is being cancelled for nonpayment of prem
in which case 10 days advance written notice is required.
ed
ACORD 2&-S (7/97) ~ ACORD CORPORATION 1988
ACORD.. CERTIFICATE OF LIABILITY INSURANCE O,,D ,8
~-1I o7/o~/o3
Baldwin Ins & Bon~ing Agency
1201 Kas Drive, Suite B
P~charc~on TX 75081
Phone: 972-6A4-2688 Fax: 972-6~-8035
City of Denton 9urchasing
De artme~t
90~B Texa~ Street
Denton TX 76209'
THIS CERTIRCATE I$ ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. TI-II$ CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSUREH$ AFFORDING COVERAGE
COVERAGES
ERTIFICATE HOLDER
City of Denton
~uroh~sing Department
90lB Texas Street
D~nton TX 76209
CITYD12
Said policy shall not be cancelled, nonrenewed or materially chanl
without 30 days advance wri~en notice being given to the Owner (City)
except when '(he policy is being cancelled for nonpayment of prem
in which case 10 days advance written notice is required.
ed
ACORD 25-S (7/97) OACORD CORPORATION 1988
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 imurer'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 I0 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, ifs· 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 tiffs
IX]
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.
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 role 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.
ATTACItMENT 1
Ix]
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.
The contractor shall provide coverage, based on proper reporting of classification
codes and payroll mounts 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.
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 ail 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.
The contractor shail retain all required certificates of coverage for the duration of
the project and for one year thereafter.
The contractor shall notify the governmentai entity in writing by certified mail or
personal delivery, within 10 days after the contractor knew or should have known,
of any change that materiaily affects the provision of coverage of any person
providing services on the project.
The contractor shail 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.
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 ail 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 ail
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 cox~erage, 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.
By signing this contract or provid'mg 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
mounts, 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.
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
PURCH-i'SlNi3 DEPAllTMENT
City of Denwn
Demon, TX 76201
BIrD INVITATION
CITY OF DENTON, TEXAS
'Page 8 of 10
PROPOSAL (BID) FORM
T/m~e: 2:00 p.m.
Date: May 22, 2003
To: Pun:h~sing Agent
City of Denton, Tex~
901-B Texas S~eet
Den~o~ Tex~ 76209
Gentlemen:
The undersigned having examined the Contract Documcnts cntitl~l:
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
furnish all supervision, labor, materials, equipmen% 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 hundr~oll~s($ 34,527.74 )
TomlB~eBid twenty seven dollars and seventy four cents
Total Materials Incon~erated into thc Proiect
13,653.00
Total Labor, Suoervision and Materials Not hcomorated into the Proiect $, .2 ?, 8 74.7 4
ADDENDA:
Acknowledge r~ceipt of thc following addenda which are part of the Bidding Documents by placing Addendum
__ _~,, .Date issued and initialing:_ ...................................................
Addendum: No.
Addendum No,
AddendumNo.
Addendum No,
The undersigned bidde~ hereby declares that he has visited thc site of the work and has carefully examined thc
Contract Documents pertaining to the work covered by the above bid, and he further agrees to commence work
with'm ten (10) days after date of written notice to l~OCeed and to substantially complete the work on which he
has bid within 4 5 consecutive calendar days subject to such extensions of time
allowed by specifications.
The undersigned bidder agrees that his bid shall be good and may not be withdrawn for a period cf 60 calendar
days afte~ the scheduled closing time for receiving bids.
The undersigned bidder understands that thc Owner reserves thc ril~ht to reject any or all bids and to waive any
informalities in the b:'dfling.
PURCHASING DEPARTMENT
Ciiy of Dcaton
901-B TCXO~ St.
Dc~mn, TX 76201
BID INVITATION
CITY OF DENTON, TBXA$
Page 9 of 10
Enclosed with this Bid is a Ceriified Check for.
or a Bid Bond in the aura of
Dollars ($_
5 % ., Dollar~ ($
which it is,agreed shall be collected and retained by thc Ow~er as liquidated damages in tho event this Bid is
accepled by the Owner within 60 days after the bids arc reoeived and thc undersigned fails to executed thc
Con~act and the required Bonds with the said Owner within Ion (10) days after the date said Bid is accepted:
otherwise said check or bond shall bc returned to the undersigned upon demand.
Harrison Quality Construction,
¢on ac (mm
Authorized Signature
President
Title .....
4818 Dozier Road
Address
(If corporation, attest aud affix
a Corporate Seal)
Telephone ( 9721 939-092~ ,_,
PURCHASING DEPARTMENT
cie/of
901-B Texas St.
D~nt~, ~ 76~1
INVITATION
CITY OF DENTON, ?EXA$
Page 10 of 10
CONTRACTORS AFFIDAVIT OF BILLS PAID
' (To be executed'priur to acceptance of projec9
STATE OF TEXAS
COUNTY OF per'ten
Personally, before mo tho undersigned authority, on this day appeared Sherri H&~:ison
, who, being duly sworn, on oath, says that he is a
legalrepresentativeof Harr. ison Ouali~y ann.~fw.~t~ an
~ name of Contractor as in conlract)
and that the contract for the construction of the project, designated as Xer
Detention Pond for North Branch LilBid!i~' · 3029
bas been safisfact~'ily compleied and that all bills for materials, apparatus, fixlures, machinery, and labor used
in connection with thc construction of this project have, to the best o.f my knowledge and belief, been fully paid.
President
· ' 2nd22nd
Swomtoandsubseribedbeforemcfl~.T ~ .dayof May 2003
Insiruciions:
If the contractor is an individual, he shall sign the affidavit. If thc contractor is a partnership, any partner may
sign theaflidavit. If thc contracwr is a corporation, a person authorizcd by *he bylaws or by the Board of
Directors shall sign the affidavit. If the Contractor is a joint ventur~ of individuals, any of the individuals may
sign thc affidavit. If the Contraclor is a joint venture of partnerships, or of individuals and partnerships, the
affdavit may bc signed by the individual o~ any pa~ner of any parmership. If the contractor is a joint venture in
which a corporatiou is a party, separate affidavits must be executed in the name of the joint venture; one by
each coIporation and one by each individual or pan'nership. Signatures for corporalions should be by a duly
authorized officer. If signature is by another, showing of authorily to sign must accompany the affidavit.