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HomeMy WebLinkAbout1998-146ORDINANCE NOq L--1 q(o AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR DEMOLITION OF BUILDINGS AND CLEARING OF LOTS, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE (BID # 2207 — DEMOLITION AND CLEARING #28 AWARDED TO TELCOM OF TEXAS IN THE AMOUNT OF $16,670 00) 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 NUMBER CONTRACTORAMOUNT 2207 TELCOM OF TEXAS $16,670 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 f irmshmg 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 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 V That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the ho day of 1998 ATTEST JENNIFER WALTERS, CITY SECRETARY BY 'l a' APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY 2207CONTRACT ORDINANCE CONTRACT AGREEMENT STATE OF TEXAS COUNTY OF DENTON THIS AGREEMENT, made and entered into this 2 day of JUNE 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 TELCOM OF TEXAS INC. 500 E. HOUSTON SHERMAN, TX 75090 of the City of SHERMAN County of GRAYSON 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 # 2207 - DEMOLITION & CLEARING N 28 in the amount of $ 16,670.00 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 CDBG DEPARTMENT 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 mdemmfy and hold harmless the City of Denton from any and all damages, loss, or liability of any kind whatsoever, by reason of injury to property or third persons occasioned by any error, omission or negligent act of Contractor, its officers, agents, employees, invitees, and other persons for whom it is legally liable, with regard to the performance of this Agreement, and Contractor will, at its cost and expense, defend and protect the City of Denton against any and all such claims and demands Choice of Law and Venue This agreement shall be governed by the law of the State of Texas and venue for its construction and enforcement shall lie in the courts of Denton County, Texas The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in written notice to commence work and complete all work within the time stated in the Proposal, subject to such extensions of time as are provided by the General and Special Conditions The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the Contract CA-2 IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written lk APPROVED AS TO F RM ITY ATTORNEY CA-3 • BY (SEAL) / «�i �ftej •' 903-'f7a - 9�91(0/ PHONE NUMBER D 3 -P79, 9sa--)- FAX NUMBER BY U,2=, C L�,�� TITLE PRINTED NAME (SEAL) 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 e 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 REVISED 10/12/04 Cl - 1 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(30) 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 REVISED 10/1VO4 Cl - 2 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: 10 A. General Liability Insurance: General Liability insurance with combined single limits of not less than SsaO, 000, oo shall be provided and maintained by the contractor. The policy shall be written on an occurrence basis either in a single policy or in a combination of underlying and umbrella or excess policies. If the Commercial General Liability form (ISO Form CG 0001 current edition) is used: • Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual liability covering this contract and broad form property damage coverage • Coverage B shall include personal Injury. • Coverage C, medical payments, is not required. If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) is used, it shall include at least: • Bodily injury and Property Damage Liability for premises, operations, products and completed operations, Independent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures. • Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability. AAA00350 REVISED 10/12/04 Cl - 3 Insurance Requirements Page 4 (sl Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability Insurance with Combined Single Limits (CSL) of not less than $300,000.00 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: 0 any auto, or • all owned, hired and non -owned autos. W 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). ( I 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 Rfi SM 10/12/94 Cl - 4 Insurance Requirements Page 8 "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 [ ] 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 WISED 10112/94 Cl - 5 Insurance Requirements Page 6 ATTACHMENT 1 fBj 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 1406.096) - includes 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 10/12/94 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 and 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 Taxes 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 RtviseD/0112/94 Cl - 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 and of the coverage period, anew 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; (8) 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 nnnooaso REVISED 10112194 Cl - 8 Insurance Requirements Page 9 17) 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 entities 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. AAA00'50 REVISED 10112194 CI - 9 BID NUMBER 2207 BID PROPOSALS Page 2 of 2 City of Denton, Taxes Purchasing Department 9018 Texas St. Denton, Texas 7=1 ITEM DESCRIPTION OUAN PRICE AMOUN- 1. 1316 Mockingbird $ I /911 gc- 2. 802 N. Locust $ T- 9dT�996 1 3. 519 Rose $ 90 4. 512 Ruth $ 49-!A�a 5. 1002 Wilson 191std 6. 1112 E. Mulberry $-5`�jq Cc TOTALS '1),Q� We quote the above f o b delivered to Denton, Texas Shipment can be made In days from receipt of order Terms neU30 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 constltues a contract The completed Bid Proposal must be properly priced, signed and returned R Mailing Address SN X.0 4 A) 32 7St) 9 0 city state Zip 903- ?70 -,q 3 94 Telephone Title - —I Certificate of Insurance THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON YOU THr CERTIFICATE HOLDER THIS CERTIFICATI M1 v' AN INSURANCE POLICY AND DOES NOT AMEND EXTEND OR ALTER THE COVERAGE AFFORDED BY THE I OLK.IES LISTS D BELOW This is to Certify that Telcom of Texas P O Box 130 Name and �— address of Insured i+ .A a a L � l Whitewright, TX 75491 1 Is, at the Issue date of this certificate, Insured by the Company under the policy(ies) listed below The Insurance afforded by the listed pol!l%cy(les) is subject to all their .e.,..e Hurl„alnGc and conditions and Is not altered by any requirement, term or cordtion of any contract or other document with respect to wfuch this cart maybe reduced EXP DATE TYPE OF POLICY . ❑ CONTINUOUS ❑ EXTENDED POLICY NUMBER LIMIT OF LIABILITY WORKERS 4/8199 WC7.191083584-018 COVERAGE AFFORDED UNDER WC LAW OF THE FOLLOWING STATES EMPLOYERS LIABILITY BodiIV lNury BYAccldent COMPENSATION ach Accident TEXAS seasePolicy *1nJuryBy LimitseaseEsoh I!_ General Aggregate Other than ProducL/Compisted Operations GENERAL $2,000,000 LIABILITY YY2-191-083584.038 Products/Completed Operations Aggregate ® OCCURRENCE 4/6/99 $1,000,000 Bodily Inlury and Property Damage UabiIItV Per ❑ CLAIMS MADE $1,000,000 Occurrence Injury Per Person/ RETRO DATE Organization $50,000 Other MED PAY $5,000AUTOMOBILE Each Accident Single Limit tAdvallsmg BIandP D Combined LIABILITY 4/6/99 AS2.191.083584.028Each Person © OWNED Each Accident or occurrence ® NON OWNED Each Accident or Occurrence ® HIRED Sig BODILY WNRY PROPERTY DAMAGE PERSONAL "AyA ADVERTISING'WURY EACH OCCURRENCE OTHER UMBRELLA EXCESS THt-191-083584-078 1JABRITY 'DOWGEILEj�LAOGREGATELIMITtOMERTUNPRODVCTBOOMPLEfEDOPERATIONSd LIABILITY 4/6/99 E1JMD a0a PRO DUO -a COMPLETW OPERATIONGAGOREGATELIMR ADDITIONAL COMMENTS AS ADDITIONAL INSURED AS RESPECTS GENERAL & AUTO LIABILITY CITY OF DENTON IS LISTED I d before the certificate expiration dale if the certificate expiration date is continuous or extended term you will be notified if coverage is ten nata or re u SPECIAL NOTICE-OHIO ANY PE ON WHO WITH INTENT TO DEFRAUD OR KNOWING THAT HE IS FACILITATING A FRAUD AGAINST AN INSURER SUBMITS AN APPLICATION OR FILES A CLAIM CONTAINING A FALSE OR DECEPTIVE STATEMENT IS GUILTY OF INSURANCE FRAUD NOTICE OF CANCELLATION (NOT APPLICABLE UNLESS A NUMBER OF DAYS IS ENTERED BELOW) BEFORE Liberty Mutual Group THE STATED EXPIRATION DATE THE COMPANY WILL NOT CANCEL OR REDUCE THE INSURANCE AFFORDED UNDER THE ABOVE POLICIES UNTIL AT LEAST 30 DAYS NOTICE OF SUCH CANCELLATION HAS BEEN MAILED TO F CITY OF DENTON MICHELLE BURNER CRIMEAUTHORIZED REPRESENTATIVE HOLDER 215 E MOKINNEY DENTON, TX 76201 IRVING, TX DL (972) 550 7899 4/6/98 J OFFICE PHONE NUMBER DATE ISSUED IIRFRTV NII ITIIAI (-RC7IIP dSt¢SOPCta euch mSllranc¢a>IS afforded El ThG+e Compimlx CHANGE ORDER / CONTRACT REVISION CITY OF DENTON, TEXAS OWNER DISTRIBUTED TO. OWNER / / CONTRACTOR /_/ BID # 2207 P O # 86088 CHANGE ORDER # PROJECT pemnlinnn Cleanng # R Date 6-23-9R CONTRACTOR Telcom of Texas Inc Contract Date June 21, 1998 500 E Houston Sherman, TX 75090 THIS CHANGE ORDER/REVISION MAKES THE FOLLOWING CHANGES IN THIS CONTRACT Delete the demolition and clearing at 1) 519 Rose 2) 512 Ruth THE ORIGINAL (CONTACT SUM) $ 16,670 00 NET CHANGE BY PREVIOUSLY AUTHORIZE CHANGE ORDERS $ -0- THE (CONTRACT SUM) PRIOR TO THIS CHANGE ORDER $ 16,670 nn THE (CONTRACT SUM) WILL BE (DECREASED) BY THIS CHANGE ORDER $ 6,15000 THE NEW (CONTRACT SUM) INCLUDING THIS CHANGE ORDER "NOT TO EXCEED" $ 10,540.00 THE CONTRACT TIME WILL BE (INCREASED) BY 0 THE DATE OF SUBSTANTIAL COMPLETION AS OF THE DATE 5 CE ORDER THEREFORE IS No Chanee �.J .p u - SIGNATURE SIGNATURE PRINTIJAME PRINT NAME AND TITLE -1 b e,-� /v-ioA1e DATE DATE