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HomeMy WebLinkAbout1998-122ORDINANCE NO 90 IAA AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR UNDERGROUND FUEL STORAGE TANKS AND FUEL ISLAND REPLACEMENT, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE (BID # 2178 UNDERGROUND STORAGE FUEL TANKS AND FUEL ISLAND REPLACEMENT IN THE AMOUNT OF $176,817 00 AWARDED TO NOR-TEX PUMP CO, INC) 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 I 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 NUMB CONTRACTOR AMOUNT 2178 NOR-TEX PUMP CO, INC. $176,817.00 SECTION II That the acceptance and approval of the above competitive bids shall not constitute a contract between the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, and insurance certificate after notification of the award of the bid SECTION III That the City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein SECTION IV That upon acceptance and approval of the above competitive bids and the execution of contracts for the public works and improvements as authorized herem, the City Council hereby authorizes the expenditure of funds to the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto SECTION V That this ordinance shall become effective mnnedtately upon its passage and approval /q�`h 4-Ry PASSED AND APPROVED flue the � day of >1998 �i AMM� �/�11 Mg Mai ATTEST JENNIFER WALTERS, CITY SECRETARY Bylt APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY 2178 CONTRACT ORDINANCE ATTACHMENT # 1 TABULATION SHEET BID # BID NAME DATE 2178 UNDERGROUND STORAGE FUEL TANKS AND FUEL ISLAND REPLACEMENT 12-Mar-98 NOR-TEX PUMP LESS GRAY COMPANY TCOM SYSTEMS E$mallNewQOR $176,817 00 $180,000 00 $215,000 00 1 1 LOT UNDERGROUNDSTORAGETANK AND FUEL ISLAND REPLACEMENT TIME IN DAYS TO COMPLETE 21 DAYS 30r15 DAYS 90 DAYS CONTRACT AGREEMENT STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT, made and entered into this 12 day of MAY A.D., 1998, by and between CITY OF DENTON of the County of DENTON and State of Texas, acting through TED BENAVIDES thereunto duly authorized so to do, hereinafter termed "OWNER," and NOR-TEX PUMP CO. INC. P.O. BOX 91 XRUM• TEXAS 76249 of the City of KRUM, County of DENTON and State of TEXAS, hereinafter termed "CONTRACTOR" WITNESSETH That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by OWNER, and under the conditions expressed in the bonds attached hereto, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified below BID # 2178 - UNDERGROUND STORAGE FUEL TANKS AND FUEL ISLAND REPLACEMENT in the amount of $176,817.00 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 CITY OF DENTON FLEET DEPARTMENT all of which are trade 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 tittle 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 in the year and day first above written ATTEST ATTEST APPROVED AS TO FORM IlAaIL CITY ATTORNEY 2178 CONTRACT & BONDS S 1498 CA-3 WNWAL6129_ this agreement NOR-TEX PUMP CO , INC CONTRACTOR MAILING ADDRESS ' �,— % T-G/ 140 - S lo(O-s'3o7 PHONE NUMBER D --5V,-5"30 FAX NUMBER BY `TITLE K®nlA) 65 LE PRINTED NAME (SEAL) PERFORMANCE BOND STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS That NOR-TEX PUMP CO. INC., whose address is P.O. BOX 91 KRUM, TX 76249, hereinafter called Principal, and Mid -Continent Casualty Co. OKLAHOMA , a corporation organized and existing under the laws of the State of , 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 ONE HUNDRED SEVENTY SIX THOUSAND EIGHT HUNDRED SEVENTEEN and no/100 DOLLARS ($ 176,817.00) 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 98-122, with the City of Denton, the Owner, dated the 12 day of MAY A D. 1998, a copy of which is hereto attached and made a part hereof, for BID # 2178- UNDERGROUND STORAGE FUEL TANKS AND FUEL ISLAND REPLACEMENT. 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 reunburse and repay Owner all outlay and expense which the Owner may mcur in making good any default or deficiency, then this obligation shall be void, otherwise, it shall remain in full force and effect 9M 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 tune, 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 herem 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 12 day of MAY, 1998 ATTEST ATTEST M PRINCIPAL Nor -Tex Pump Co , Inc BY _ ; Z P ESIDENT The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is NAME Monroe & Monroe Insurance, Fred Monroe STREET ADDRESS 204 Billings, Ste 110, Arlington, TX 76010 (NOTE Date of Performance Bond must be date of Contract If Resident Agent is not a corporation, give a person's name) 2178-CONTRACT' & BONDS 5 1498 ^'� x e' i Vial; I {t#'l.n" POP Mp - IN a I W, Ew ALJ + COMPANY,, ;filN t �►��{��ypx" 1✓��+M�O✓t11f4' e r N �irtafn sU�9isn p' ji°' s i bat the MIO.xCO 7 iN�g CA VALTYMMPANY, a corporation of the Siatelo OWahoma. having j ppndipa1011ieI e4vq`flhlae eilahom,pRra an whe&lowingay aw,wj�{oliwasadoptedby g $ , p ,1 1, ft taekhol ofthesaWCom v .4-+; jj{ onlvEaroh b3tb� 90 it e �� f i] e� � L, , I "AidQlf4Vt- ionfl�p a}`^la7ieautiv6 �0 r�4'ompbny^iball l%ye powyr 4nd authority tooppoint,, fo',tL purposes ` , eCeatdpgand �tBbc�htia a rtakitt Be �tlnrgaehh�aloty`lnt�enetur�itheroof,unemote4tesidoi[iVeal'reslde4E,Reeide Assrstant Sam a °and,d gftr ya ih Aac[land at tifi*c to remove any a�eh Reald;ot' loe Preaidpnt! Reaident sjlstaht Soerotsl'y r a %; Ailttatney7n Fact d evokei4,powbr and a thorit.lgiveh hlh[ Nop4 pf such appg'intas"Ocod be Directors of the mpanyl' e t e°ThaCons dthyxacnadtutQPPos€=, e #ry<r 7 }`>,, 0 rbara ,Edei'!ii RhoffidalHooiiiinglimero M. A. Monro ' _ and Fred, rfroi olk"indIv_ii�u I Ot A�i��,ti,ngton,,jezas "' .F �`t z,� j -1 truol}adylax ldaettey(e)1�[,, to o�teailta, eealeadeliver for and oEtll�s'bahalf ea+St[[ety, and as Jts aotian[t d � , 3 .I 5 ,r rt d aP.4 k>i Any aml alf f $JIM u s of Sut)ftyship rgg,, �� i � x a 1 ') ,And the ox ddupfj4ppoh n roam(a)dnpufanangaoPtht>4epteaenta,shaUlixasbindingupon the said MID, CON INENTCASVAL �- r ° } COMPANY, asl�and airtrpy�l�y,,to �14httarta Ipurpo��s°if Eha aa0 had bean duly axeout�d and ealmoWlahgal y tgrregWarty also{ r _ j a�Pwen ,fkt he bpi C OiiiCe"l �jTi6R, i{ „ ',�yr-. � � V `o � i.� r t , 3 `, r i° s 4 S _�. } , $tj tlY ` y, '1 ik wrrNWl BREOP, _ Y`i THL MID C NfiIbIE14T Cf�SIIALTY COMPANY has exec tad and attested the a pb sants,this �th ;' r P tlay�OT °February 1 �s is =ta n , 1994 Sara, �n _ ` , t IS'lNfi R)I RY_ a ,r',+, T o A A a ¢ VICE PI; sw a jE j f . F t mks Cn this 10 ; {'^ ` � day, of s Fqq ro �I� r'-; 19 �� �` , bolo ltttoi a Notary Pub of thot4ta of 0_klahoma lg I' ;i` f�rtheCouli{yo. �a ;oatpa [mindilQt[aia)trlppa al know jtobathoafNue[c�aectihediin.andlwho ooutpdtha agmetrum and lteagknow! g eat[ tnq sdrea t �a€_ ect am aildtiaigl�ymadply d,thath�iothotharaladbsorlhedPndla thorlxedofflcor'of a N 1, 1 p p { ? F I '� of l MID-CONTI] s ;ASUAWY COMPANY sfoloAR'; oli, aseii s ad to,the preceding )rwti�tment rs the corporate of Be3 cinpstiy, and �a id c �-to aed� amil)is eJgnstarre �,sdh rwere dulj la �d to the said Instrument by the eu mity and dheciion f rI' ' a , - tltio said Comps �a�,t>satr+�IN Tdle i Seiju�fl, ofth�y wek¢y eatdtCq�npany atdierred,to sinrthaprbgedln8 Matru Wit, is now in fore t e INTii A{t�E C F,1 have hors jmo sat,my d aatl aftt et�iny of c)al seal°at the City of �IA41 Y sad year flrat abo y • ��� J,s� 'z+ ± r rx _s t x 1" 4 f i , _ ,J Alri •?p14 , r �J . 4 t k MY ' Aoa e s b 9 W 3 �� T71 �A Y am' i 5 .F rY Et� � =it� � '¢. j•�Q�i� p��w.^t rl � q yap rti EtirBB'1 I�.y Aa S_ r $ No Pub c�' w� t �Xt Sl Aasiumpt aomtgryQ MWt CON r ENT CA ALTY COMPANY ' ho' a fy that the rog ;„ a r¢ y ; ltig gxtracta oP _ y gLatt'Bl a Raeplt�drinfof iElet&ord of_Directors of thistcRrpgratipn, and+aP a P ee f A they loan ran t #' tboretot am "a _ reot, and that both the+Hy-Ldwe tltp Roaoitition snd the Pawai of racy' is b fiW fo efPeat .i '' F rr FG ' i IN WnWHSSj BRli Ilia've harauutaledl my hejryd'and"nfflked the;ffmaim a sea9tof said�c on,eit y ,ram 42h „'ri _`', Ida' w 98 w r t ;, i a _ day=of 1% / N �I�rV foe." 11rriI .=Fc4 ' EI e1 197i~= (� a Y�� Vold T�r� V _ F I w �rH Assistant Satre ,L P 1, a }x, pq if 4a .1zl ` 4 =1w*' ,' r t ,4 41 pr fi ' •-v r i�y[�� , _. r w �`5 [�w VV �° , ��I t � "� � #` s4 ( � i ' F — � � d �" I � } �r � c I PAd�� � `" j l �j" . 6�1 c• " n € � _ " � h `r�1 `� i " J ' � � a 4 trr t rM� ..0 i x T I k ' of £°iL$~ a44 Y+��l t� �3) ' `"L. __ { .3�YIA I — •t t �.E E s pjit F� '�E f tk '�• � ! r 1 _ f u ` " k � � t 1, � }t I n{ } 1_ Ot qXd d Eai e t I 4 P t �3'E C aV-�a " iFz•�, s,n s ��t"" 41 lrt. P4� tL 1 e-'1 "dIFkF M1��,I it 4y 1 °�.�.. �'"£i��—'�9"z �5 ��1>•y YS;l �e }? _pYt �f I �.�r5 ,rr .M1s4 " f r it, c yo Tf " • ` t3 If i°M tti' I r F rc t 1 7 t'rl t i 7 _ t � ° �^�r Iv "r rs—_L 4 r1 r !o I , � � u_I„ 3 ir c x 14 9t 3 A v AC F iY+ 13 <F f b Lt d e � _� �`-•�_�'I— Ott n`t s _. � � � +G' ' "` ?� 4 rfil PAYMENT BOND STATE OF TEXAS COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS That NOR-TEX PUMP CO., INC., whose address is P.O. BOX 91, KRUM, TX 76249, hereinafter called Principal, and Mid -Continent Casualty Co KLAHpMA a corporation organized and existing under the laws of the State of , and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, and unto all persons, firms, and corporations who may furnish materials for, or perform labor upon, the building or improvements hereinafter referred to, in the penal sum of ONE HUNDRED SEVENTY SIX THOUSAND EIGHT HUNDRED SEVENTEEN and no/100 DOLLARS ($ 176,817.00) 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 98-122, with the City of Denton, the Owner, dated the 12 day of MAY A.D 1998, a copy of which is hereto attached and made a part hereof, for BID # 2178- UNDERGROUND STORAGE FUEL TANKS AND FUEL ISLAND REPLACEMENT. 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 19 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 herem 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 12 day of MAY, 1998 ATTEST BY SE RET Y ATTEST M. PRINCIPAL Nor -Tex Pump Co ,,/ T Inc BY /Lz� _ PRESIDENT SURETY 21111164iIi�'�i4 The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is NAME Monroe & Monroe INsurance, Fred Monroe STREET ADDRESS 204 Billings, Ste 110, Arlington, TX 76010 (NOTE Date of Payment Bond must be date of Contract If Resident Agent is not a corporation, give a person Is name) 2178-CONTRACT & BONDS 5 1499 a 4 f-�� �- i Ts'' ,r,y u}lyds g { . 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N WITNESS' H RBfth I h e lteraunt .gat , , n� and' edthq fapaimila eNof Wilton on t Yk. Ala'-�'6't- �.. . '.LIF °r ?'' xiyvr ,, , �,.4 1„er —, �l , 1`... a , p l- 7 dky of,= M8 t 19 9 999111 teay.=, �@ 4 ', Aj ri���3'°krk' F 1 "Ciro j f't'� g , Assistant Secret }fp Sara' %ndetrson' yLL ' ••'3-s" t + s �.°` r �a � f I � � i ii TF i�g ayk3rN ,En r'tp4`��a i''wk �9 imiiF.-Ijlf R, AAA W' `t- i, ,n'� ��'- Rj t t . �i q r r, k ' �{ .y a ,`'is f"' 4. S� y sE l u h l'_ ` *�. y ` a r_V 3" ya i y13u" r `...- _� ,,,.:w _.+a,u * P 1 4 yr ,tlo$1��� � 4t + +. 'r �'" x .• � d �. 1 r � .v I t i � r ' � fe lr r a . s _ 1 3 U, � ., � IN ��� ��.�� ff } '� ' {°tgiw ! a i r JV �� .,F s �� .L�a �• i � ! � L. a,'� " � I IN, i� +" � . _tk F� r l,yx e iM t1 at, e tF� 44 �� 1 t , - w' (V 1 +- �t c,y� � � NIL, ' AIl�art yPF�Y„ {'. x''� �qI, 1r `��� � +}fit ` ' k 'P. _ '£� !�� a. � , w b c� t ! 'i a • � - '�,,n 1 IN IN A it 1 , ��v ., _ .v Y ay !1 1 r n � :� • s , 7 b + ^ . is N I'_� V' . I` t+,.� 'b� - H., '�� �` t 1 €€f ., f I `�, 1 � _ � _ i=�i i .r 1 I r '•. r H � � iIi IF� e�r ' T r.l �S55 1 AF tM s} y L IN eu e f�, y� #' , R { � 5 Ilk { a r! 4 a e 1 0 k �11" l7s� i r€ ,t.l IK,t�- t5i '+ip� �� x•M ' ej 5w`� �M f tt r`k IN �`i��a �b La 7Q...;¢t BID NUMBER 2178 BID PROPOSALS Page 2 Of 2 City of Denton, Texas gal 8 Texas st Purohasing Department Denton, Texas 762Dt ITEM DESCRIPTION OUAN PRICE AMOLN 1. Underground Storage Tanks and Fuel island Replacement 1 Lot $ Time in days to complete project -;z- days Current fuel system down time until new system is completed .S days NOTE 1. The old tanks shall become the property of the successful bidder. Successful bidder agrees to execute a quit claim deed releasing the City of Denton of all liability for and ownership of the tanks prior to removal from the Service Center property at 901 Texas St., Denton, TX 76201 2. A prebid meeting will be held on March 5, 1998 Thursday at 10 A.M to review the tvorksite and address any questions from potential suppliers. TOTALS 10 17(as We quote the above f o b delivered to Denton, Texas Shipment can be made Indays from receipt of order Terms net130 unless otherwise Indicated In submitting the above bid, the vendor agrees that acceptance of any or all bid Items by the City of Denton, Texas within a reasonable period of time constilues a contract The completed Bid Proposal must be properly priced, signed and returned Mailing Addfau �i Ve x 7G city state Zip q4o - s�,G -s.3 o 7 -Ta ?L.�41,0 G. zc- / altldar _ 1 signet" Telephone - Title A00B I ��' � „ "Ft .. , r , PRODUCER �; I � DATE (MMIODIYY) � 'll 6 �i+ '�AQ�1' 06/15 98 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Monroe & Monroe (DST) 204 Billings #110 HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW COMPANIES AFFORDING COVERAGE Arlington TX 760lO COMPANY A Mid -Continent Casualty Cc Fred Monroe INSURED COMPANY B Texas Workers Comp Ins Fund COMPANY C - Nor -Tax Pump Company RONNIK RILEY — COMPANY D P 0 BOX 91 Krum TX 76249 40VIII 4, ; "" " 7777 THIS IS TO CERTIFY THATT E POLICIES OF INSURANCE LISTED BELOWHAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTVJITHBTAND1INO ANY REOUIRSMENT 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 LTR TYPE OF INSURANCE POLICY NUMBER POLICYEFFECTIVE DATE (MMIDM'Y) POLICY EXPIRATION DATE (MMIDDM') LIMITS A GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMSMADE XX OCCUR COL235041 06/15/98 06/15/99 GENERAL AGGREGATE E2,000,000 X PRODUCTS COMP/OPAGG i2 000,000 PERSONAL B ADV INJURY $1,000,000 OWNER 88 CONTRACTOR 8 PROT EACH OCCURRENCE 41,000,000 FIRE DAMAGE (Any one fire) $50,000 MED EXP(Any am person) $5 000 A AUTOMOBILE LIABILITY ANY AUTO 04TX8589-4 06/15/98 06/15/99 COMBINED SINGLE LIMIT E1,000,000 X ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per person) 8 HIRED AUTOS NON OWNED AUTOS BODILY INJURY (Per accident) S PROPERTY DAMAGE $ GARAGE LIABILITY IDENT $ ONLY ANY AUTO CIDENT S REGATE WAGGREGATE $ EXCESS LIABILITY E S S UMBRELLA FORM t OTHER THAN UMBRE LA FORM WORKERS COMPENSATION EMPLOYERS LIABILITY AND TAT CAR EL EACH ACCIDENT $100, 000 ELDISEASE POLICYLIMIT $500,000 B THE PROPRIETOR/ PARTNERS/EXECUTIVE OFFICERS ARE INCL EXCL TOF1054798 07/01/97 07/01/98 EL DISEASE EA EMPLOYEE 6100 OOO OTHER A A Property Section Builders Risk CPIO0699 SP55500 06/15/98 03/03/98 06/15/99 09/03/98 Allen, TX 700,000 DESCRIPTION OgF OPERATION OCAVONSNBHICLBB/BPBCIAL ITEMS Suddan i Accidantal Pall Lion is included }n zeneral ili�Il11ftty Certificate no er a name Ias ad tonal Insured on ov genera ab 13ty. 'It CDBNTON CANCElLAT10N SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, City Of iDenton BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 901 B T#xas St Denton TX 76201 ANY KIN PON TH MPANY ITS AGENTS OR REPRESENTATIVES AUT RF�P TI IAQQ q R6,BA104i 14 � " a , ` �f' ®AQQRD CORPORATION 1980 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 falls 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 AAA00350 Cl - t REVISED 10/12194 Insurance Requirements Page 2 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 provide thirty(3O) days prior written notice of cancellation, non -renewal or reduction in coverage • Should any of the required insurance be provided under a claims -made form, Contractor shall maintain such coverage continuously throughout the term of this contract and, without lapse, for a period of three years beyond the contract expiration, such that occurrences arising during the contract term which give rise to claims made after expiration of the contract shall be covered. • 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. AAA00350 Cl - 2 REVISED 10/12/94 Insurance Requirements Page 3 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: bd A. General Liability Insurance: General Liability insurance with combined single limits of not less than $1 ,nnn _ QULL 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 (XCLI) exposures • Broad form contractual liability (preferably by endorsement) covering this contract, personal Injury liability and broad form property damage liability. AAA00350 REVISED 10/12/94 CI - 3 Insurance Requirements Page 4 ix1 Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than ssoo_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) [ 1 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 AAA00350 CI - 4 REVISED 10/12/94 Insurance Requirements Page 5 "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 [ I 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 [ I 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 [ I 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 [ I 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 AAA00350 REVISED 10/14184 Cl - 5 Insurance Requirements Page 6 ATTACHMENT 1 [ ] 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) - inciudes all persons or entitles 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 AAA00350 REVISED 10/12194 Cl - 6 Insurance Requirements Page 7 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. AAA00350 REVISED 19/12/94 CI - 7 Insurance Requirements Page 8 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 AAA00350 REVISED 10/12/94 Cl - 8 Insurance Requirements Page 9 (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. AAAW350 REVISED 10/12/94 Cl - 9