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2002-234AN 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: BID NLrMBER 2819 CONTRACTOR Harrison Quality Construction, Inc. AMOUNT $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 famishing 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. PAS SED AND APPROVED this th~sff'~'Aq~ day o f ~/~ ~/_. ,2002 EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPRO~VE; AS~O LEGAL FORM: 3-ORD- BID 2819 Denton North Branch Library 0 'c ~ Z ~ o :::::::::::::::::::::::::::::::::::::::::::::::: :~:~:i:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~ ~1...,..,..,..,...~,....,..,.~....., STATE OF TEXAS COUNTY OF DENTON THIS AGREEMENT, made and entered into this A.D., 2000, by and between City. of Denton CONTRACT AGREEMENT § § 23 day of July of the County of Denton Michael A.Conduff hereinafter termed "OWNER," and Harrison Quality. Construction: Inc'. 4818 Dozier Road Carrollton, TX 75010 of the City of Carrollton and State of Texas WlTNESSETH: and State of Texas, acting through thereunto duly authorized so to do, , County of Dallas , hereinafter termed "CONTRACTOR." 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: North Branch Library 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: HI-I Architects and city. staff 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 ia the year and day first above written. City. of Denton ATTEST: (SEAL) Harrison Quality Construction, Inc. CONTRACTOR 4818 Dozier Road Carrollton, TX 75010 MAILING ADDRESS (972)939-0925 PHONE NUMBER (972)939-0926 APPROVED AS TO FORM: CITY ATTORNEY FAX NUMBER TITLE Sherri Allen, President PRINTED NAME (SEAL) CA - 3 JUN.25.2002 23:49 940 349 7302 CITY OF D~NTON PURCHASING #2976 p.005/007 HH 0105 ADDENDA The undersk~ned agrees that the following Addenda. which have bee~ Issued during the bidding period, have been cecaived and have been considered be~ before a~l in Addendum NO. I Date: ~p - / ;~ -OZ/ Initill Addendum No. _.~ D~te: ~ ' ~-~ Inl~ ~dendum No. 3 Dote: ~ -~ / ' ~ Initial ~dendum NO. ,.,,.4 ~: ~' ~ ~ In~l ~d~dumNo. ~ DaW: ~ -~-0~ In~ ~dendum No. ~ Date:.,~ ~ ~' ~ Init1 Ad~d~No. ~ Date: ~.~-O~ Inl~l -- OFFER BIDDING DOCUMENTS: Having examined the D~wlnge, Sp~ci§c~tioha, end all other Bidding ~cumen~ ~r ~ ~819 - North Bm~h L~w, ~nd ~ ex.tried the p~m~s and ~n~ ~ng ~e ~k, ~ u~e~n~ hereby p~n~ ~he ~ll~ing offer: 0~: ~o ~mi~ all ~, me~, ~s, equl~en~ ~ransp~. ~s. ag appi~ ~xes. I~cl~enWl., and ~er M~li~e., ~d ~ pe~rm all W~ for ~e No~ Bmn~ Ubq~. T~I Bid Amount ~f: ALTERNATF~ The following listed alternate prices shall be rdled In and mll~milted with the Bid Form. It ia agreed that all WOrk to be pe~otmed under accepted alternate ~ shNI c;flT;~l~ I~ the appiir.,abla Contract O<x:umente, and shall include all work in conne~m w~th or con~uenl to ,the eXemate p~ca work I0 produo~ ~ complete inM~llMkm, M fullher described In Sedian 01230' AIt~mates~ Alternate ~ shall be all Inolusive of the cost of malerMis, work and profit, Supervision. admintslraben and any and elf other costs in connection therewith for wo~ In place arid a~;cepted or om~ed ee the Cause may be, and shall hold for#m ~ame pef~od ee the bid. HH 010~ ~e u~ersig~d ~m~ p~es ~e ~ol~ing pri~s for Alternates. the eeleetlon ~ whi~ .~11 be at · e O~s opti~; ~lem~e NO, 1 - ~ingle~ly Me~fle R~fi~, in I1~ el M~i~ed Bitumen Roofing as spe~R~ Alternate No. 2 - Thermoplastic Membrane Roofing, in lieu of Modified, Bitumen Roo~ng as specified UNIT PRIC ES : The undersigned hersl)y ~j~'ee~ that ear, h Unit Pdos submi~e<J re~esen~s full <:ompensatJon for eilher additions lo or deductions from Ihe Contract Sum In the event actual quantltlse of work In pmca differ ~rom those Indicated in the Contract 0e~uments. Adjustment shall 13e mede in accm~anca with applicable Division 1 - General Requirements ~eclions, ; Drilled Piers: The undersigned agrees in the evenl actual qusnfitiee of wed< In place differ ~'om those indicated In Ihe Contract Documents, the following unit pdosS Will I~e ueed for drtiled pier work es described in Section 02465: 2. /9 -,nchdiameterpiers, perllnealfoot= $ ~ I(:~ gteel Casings: The undersigned ago'ecs In Ihe event steel ca~ln~s for!~rlll.d piers are requlred~ the following unit ~ice,~ will be used in determining tile cost for Stilled pie~ casing work es described in Section 02465: 1. ,,/? - inch diameter piers, per lineal fool: __ - inch diameter piers, per fineal foot: $ $ COMPLETION DATE The Undemigned, If r~tified of Ihe a~eptance o! this Bid within sixty (60) days a~r ~e date set ~ ~ m~Jpt ofBid~, ~ree~ m execute ~e f~al Ag~e~ to deliver Ihe r~r~ Ce~lfi~te of I~umn~, Penance Bg~ in ~e am~n~ of ONE HUNDRED TEN ~RCENT (110~,) of ~ mo~sed Cont~ Sum for ~e ~fa ~o~an~ ~ ~ Work, ~d a O~ HUN~O PER~NT (100%) P~enl ~d wi~in ten (10) days ~meaflm and, if app~ by the ~r, agree; to en~ r in~ e contra~ for ~e W~ for ~e a~e-siat~ Bid Sum. 00410-3 PE~O~CE BO~D Bond No. TXIFSU03~.1689 STATE OF TEXAS COUNTY OF DENTON § KNOW ALL MEN BY THESE PRF-~ENTS: That l-larrisou _(~lity. Construction~ Iuc. whose address ks 4818 Dozier Road Carrnllmu~ TX 75010 hereinafter called Principal, and International Fidelity Insurance Cumpany , a corporation organized and existing under the laws of the State of NM Jersey ., a.lld 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 unde~ the laws of the State of Texas, hereinafter called Owner, in the penal sum of Two Million Four Hundred ~(~Nihety:lti:n~ lUo. ua~nd and 00./100 DOLLARS ($~) plu~ 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 h~reby 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 2002-234 with the City of Denton, the Owner, dated the 23 day of ~ A.D. 2002 , a copy of which is hereto attached and made a part hereof, for North Brauch 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 thc life of any ~uaranty 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 hm-mless 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 may 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 Hans, 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 adc/it/on 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 applimable 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, Veraon's Annotated Civil Statutes of the State of Texa~. IN WITNESS V~REOF, this instrument is executed inrour Ch} copies, each one of which shall be deeraed an original, this the 2ara day of aulv , 2oo2 ATTEST: PRINCIPAL ~larriqoT~ Oualltv Construction. Inc. ATTEST: SURETY BY: Illg~rnat]onal Fidelity Insurance Company ATTORNEY-IN-FACT Michael ~B. '~il~ '. -z The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is: NAME: W~ll~am I1_ Ralrlm~n: Baldwin Insurance and BondinQ Aeencv. Inc. STREET ADDRESS: 1901 Kaz 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. TXIFSU03~-1689 STATE OF TEXAS COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That Harrison Quality Construction:Inc. 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 ~,, Jersey , and folly authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a municipal corporation organic, ed and existing under the laws of the State of Texas, hereinafter called Owner, and unto all persons, finns, 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 ]~our Hundred Ninety. Nine Thousand ando0/100 DOLLARS ($_2,t9.9_.,1100_~__) 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 ~ __., with the City of Denton, the Owner, dated the 23 day of ~ 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 its duties and make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying labor and/er 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 FURTI4r*R, 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 thc State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agcnt 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, thi.~ instnnnent is executed in F,,,r ~)copies, each one of which shall be deemed an original, this the 23rd day of July, 2002 ATTEST: PRINCIPAL PRESIDENT ATTEST: SURETY ATTORNEY-IN-FACTm c[mel. B.' Hi 11 The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is: NAME: William D. Baldwin, Bald~n Insurance and Bonding Agency, Inc. STREET ADDRESS: ~n~ Ita~ ne_: See. ii: 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 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 succ,ssfzd' 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 pr6vide and maintain uritil the'cO~trdct~d work has begn completed arid 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 claim.q 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 MATERIALI_,Y 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 anmlal 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 $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) e_~p_o, sures. Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability. IX ! Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than $500,000 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 constxuction 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 ff 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 negilgent 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 [Xl 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 uarelated 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 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. 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, f'fle 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 reta'm all required certificates of coverage for the duration of the project and for one year thereafter. The c0gtragtor.~hal! 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 mounts 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; Ko (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 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 ail 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 d~livery, with'm 10 Oa3,s 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 providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that ail 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 ail 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, criminai penaities, civil penaities, 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. 2) To remove a~ any hme any such agorney-m-fact and revoke:the'au~ordyglvcn.' . :~:~. ~ ::~ '~, ~; :~ ..... ;~.: ~,~. ~ ,, . '~ · : Fuller ~ls Pt wet of Atlo~ey ~ ~lgned and sea~d by facs~ ~ pur~ua~ ~ re~9~u ~e Board of D~ctors of, sa d.~ompany adopted at a m~tmg ? ~ facsimile; and an~ such ~ow6~.'o f altom6y br ce~ificate bea~g guch.fabsi~ile's~gnh~reg or facs~ile seaLsh~ll,be 9slid and b~d~g upon:~e Co,any and an~ :'.~ ~: such p6wer so execuled and ~e~ fled by facsim b signatures and facs~ile seal shall be valid~and.b~ding upon ~6'Company-in ~e ~mr~ w~ mBp~c) ~o:~py . brand 6~ Unde~a~ng to Which:it is attached. .. , · : '.. - ~ T~T~ONY WHE~OF I~ERNATIONAL ~DELITY IN~RANCE C0~A~ has caused ~is ~st~meat to b~ :~' I~ERNATIONAL F~EL~Y ~ IMPORTANT NOTICE TO OBTAIN INFORMATION OR TO MAKE A COMPLAINT You may contact thc Texas Department of Insurance to obtain information on companies, coverages, fights 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. ($12) 475-1771 PREMIUM OR CLAIM DISPUTES Should you have a dispute concerning your premium or about a claim, you should contact the company first. If the dispute is not resolved, you may contact the Texas Department &insurance. ATTACIt THIS NOTICE TO YOUR POLICY This notice is for information only and does not become a part or condition of the attached documem. From: Tina Sparks 9726448035 To: Denise Date: 8/7/2002 Time: 11:49:0S Arv] Page 2 of 5 ACORD. CERTIFICATE OF LIABILITY INSURANCE o,,0 T=I ~",-==~, ~A~:~-i 08/07/02 Riohardson TX 7508[ Phone: 972-644-2688 Eax: 972-644-8035 Harrison Quality Construotion Sherri Allen 4818 Dozier R~. Carrollto~ TX 75010 THIS CERTIFICATE I$ ISSUEO AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERT~=ICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. AFFORDING COVERAGE COVERAGES [ -~ [] ~ ,~*~'~o.,~,~,~.) $ 5000 A X ~o AU3234642K 1~/05/01 11/05/02 A ~ ~cu. ~ ~ ~3215442K 11/05/01 11/05/02 ~ s 4000000 A :E~p~t ~loate= ~627842K 11/05/01 1~/05/02 ~y ~e 625000 i Deduo~le $1?000 ~/~ ~1 ~=h ~25000 CE TIFICATEHOLDER IY _ CA~TION C~ty of Denton 90lB Texas Street Denton TX 76209 ACORC 25.-S (?~?) CITYD12 Said p~licy shall not be cancelled, nonrenewed or materially chan( without 30 days advanced written notice being given to the Ownel (City) except when the policy is being cancelled with nonpayment premium in which case 10 days advance written notice is required. ~ACORD CORPORATION 1988 From: Tine Sparks 9726448035 To: Denise Date: 8/7/2002 ~me: 11:49:08 AM Page 5 of 5 A_CORe. CERTIFICATE OF LIABILITY INSURANCF.~"_'~ T~ DA,..~=~ 08/07/02 PRODUCER Baldwin Ins & Bonding Agency 1201 Kas Drive, Suite B Riohardson TX 7S081 Phone: 972-644-2688 Fax: 972-644-8035 THIS CERTIFICATE IS ISSUED AS A MA~TER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND~ EXTEND OR ALTER THE COVERAGE AFFORDED ;BY THE POLICIEB BELOW. INSURERS AFFORDING COVERAGE Harrison Quality Construction Sherri Alien 4818 Dozier Rd. Carrollton TX 75010 : INSURER C: ~ INSURER D: COVERAGES INSR DATE{MM/OO/YY} I DATEtMMIDD/YY} [ MMIT3 GENERAL LIAflJLITY EACH OCCURRENCE --,.1' COMMERCL~. GENERAL. LIABILITY __ · i ~ BODILY INJURY $ A ;BuiZdars R/sk BZ~ER 08/01/02 08/01/03 Lock.it ~2500000 ~: Denton No=~ B=an=~ ~llc Lib=a~, 3020 N. Locust S~reet, Denton~ TX CERTIPICATE HOLDER 1 N I=~o~,..u..o= INiURER LE~R: CANCELLATION SHOULD ANY OF THE ABOVE DE~CRI~IED POUCIE8 BE CANCELLED BEFORE THE E~PIRAT]O~ ©ACORD CORPORATION 1988 CZ~YD12 Cit~ of Denton 901B Texas Street Denton TX 76209 ACORD 25~ (7/97) Sammy J. Ray Insurance Agency PO Box 1226 Euless, 'TX 76039- 1st Odyssey Group, inc. 204 N. lector Euless, TX 76039- Re: Harrfsoh Quality Construction, loc. THIS CERTIFICATE IS ISSUED AS A MATrI~I~ OF IN~ORMATION ONLY ANU CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NO~ AMEND, EXTEND OR ALTER,THE COVE~GE AFFORDED BY THE POLICIES DELOW. COMPAN!~S..~FFO ~[NR A Texas Mutual insurance Company C THLS IS TO CERTIFY THAT THE PoLrcIES OF iNSURANCE LISTED BELOW HAVE SEEN TRSUED TO 7HE TNSURED NAMED ^MOVE FOR I H~= POLICY PERIOD ]N~i~ATED, NOT'dVtTH~T,~NDING ANY FtEQUIF(EMeNT. TERM OR CONDfT[DN OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY SE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED EY THE POLICIES DESCRIBE0 HEREIN IS SUSJECT TO ALL THE TERMS. EXCLUSIONS AND CON~DIYtONS OF SUCH POLICIES. LIMITS SHOWN MAY H,~VE B.~_._EEN REDUCED SY PAID CLAIMS. OWNER'S, CONYRACTOR'$ ?ROT .... ALL OWNED AUTOS A TS F 0001084137 06130102 06/30/03 Specific Waiver of Subrogal~oo in Favor of City of Denton FrDje*t: Bid # :'819 - Denton Public Libra~-No~th Branch. GE NERAL AGGREGATE , ?~ORUCT.___S.. cn~, ~ A~_. ~? o~cc~_"~_"9~: ............ City of Denton Attention: Purchasing Dept. 901-1~ Texas ~J'eet Denton, TX 75209-