HomeMy WebLinkAbout1997-201ORDINANCE NO 9qUpl
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD
OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS, PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING FOR AN EFFECTIVE DATE
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 c rdmances, and
EREAS, 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, TF EREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION 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
BlD
N�BER CONTRACTOR AMOUNT
2954 SOUTHWEST CONSTRUCTORS, INC $ 79,179 00
SECTION_11 That the acceptance and approval of the above competitive bids shall not
constrtut a contract between the City and the person submitting the bid for construction of such
public woks or improvements herein accepted and approved, until such person shall comply with
all requir ments 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 or the performance of the construction of the public works or improvements in accordance
with the lids 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,
condition10, plans and specifications, standards, quantities and specified sums contained therein
1
SE TiON 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 VV That this ordinance shall become effective immediately upon its passage and
approval /
PASSED AND APPROVED this the 1� day of _ 1997
4ILLER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
�Y
DATE JULY 15, 1997
TO Mayor and Members of the City Council
FROM Kathy DuBose, Executive Director of Finance
SUBJECT BID # 2054 - ASBESTOS ABATEMENT
RECOMMENDATION: We recommend this bid be awarded to the lowest bidder, Southwest Constructors,
Inc , in the amount of $79,179 00
SS 1MMABY; This bid is for the asbestos abatement for Project II at the Denton Municipal Center The
project includes abatement of asbestos near the Vision Room area in preparation for renovation at a future
date The proposed renovation is intended to allow for the relocation of Customer Service and Tax Divisions
from City Hall to DMC
Our consultant, Triad Onsite Systems, has confirmed Southwest Constructors references and also found them
in full compliance with State of Texas regulations
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED. Facilities Management Division as well
as, to a small degree, employees and users of DMC
FISCAL IMRACT: Funds for this contract will come from bond funds for building renovation account
#457-032-BLDG-9718-9101
Attachments Tabulation Sheet
Respectfully submitted
at e
Executive Director of Finance
Approved
C:��LAt�'
NameTomD-Shaw,CPM
Title Purchasing Agent
897 AGENDA
BID 0 — -- 2054 — --
BID NAME Asbestos Abatement L A H P
ENVIRO ENVIRO
OPEN DATE dune 24,1997 INC
- T -
D W W AMERICAN CST SOUTHWEST
ABATEMENT ENVIRO ENVRIO CONST
INC SPECIALTIES INC INC
4
$84,54000$79,17900
CERTIFIED
ABATEMENT
SYSTEMS
INC
$79,400 00
CONTRACT AGREEMENT
STATE OF TEXAS §
COUNTY OF DENTON S
THIS AGREEMENT, made and entered into this 15 day of
JULY A.D., 19 97 , by and between
of the County of DENTON and State of Texas, acting
through TED BENAVIDBS
thersunto duly authorized so to do, hereinafter termed "OWNER," and
SODTHwEST CONSTRUCTORS, INC.
P.O. BOX 50469
AUSTIN. TX 78763
of the City of AUSTIN , County of TRAVIS
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 # 2054 - ASBESTOS ABATEMENT
in the amount of $79,179.00 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
accordance with the plans, which includes all maps, plats,
CA - 1
blueprints, and other drawings and printed or written explanatory
matter thereof, and the Specifications therefore, as prepared by
TRIJW ONSITE SYSTEMS, INC.
all of which are made a part hereof and collectively evidence and
constitute the entire contract.
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, workerfs
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.
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.
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.
ATTESTS
APPROVED AS TO FOW.
AAA0184D
Rev. 04/05/96
CA- 3
CITY OF DENTON
OWNER
By
MAILING ADDRESS
=Sllffl , a
•
(-;- ��� F-,:,�-?--)10�5
FAX UMBER
BY \11U- PfNSiC�Q�1�
TITLE
RINTED NAME
(SEAL)
JUL-22-97 TUE 11;30 AM WILLIAM GAMMONIINSURANOE FAX NO, 5124690443 P.
atal by- UWUlhwtal LURNTRUCTU, 7-21.87 8-36, 512660866O -s 512 400 0446;
ISC 3242
THE sTAT3 OF 7&XA8
COUNTY OF Dn"ON �
XNGW ALL MEN BY TRESS PRESENT6c That SOpWOBT CONSTRUCTOR;, INC.,
whose address is P.C. R= 60469, AUBT=, TSSAB 76763, hereinafter called
arinaxpal, and Intematicnal Surety & Casaalty C2 env a corporation organized
and existing under the Saws of the state of Y'>OtAE, and fully authorized
to transact business in the state of Teals, as Surety, are held and
firmly bound unto the city of Denton. a municipal corporation organised
sad existing under the laws of the state of rexas, hereinafter called
Owner, in the penal sum of s11VJ3 M NINE TZW9A14D ORR il=RND s R1t NINE
and NO/2.00 13OLLARB C#79#179.001 plus 10 percent of the stated penal sum
as an additional sum of money representing additional court expeumem,
attorceya# fees, and liquidated damages arising out of or Cabneeted w1Ch
the blow idennified Contract, in lawful money of the united States, to
be paid in Denton Omunty, Texas, for the payment of which mum wall and
truly to be made, wm haraby bind ourselves, our heirs, executors, admini-
atraLnra, successors, and assigns, jointly and severally, firmly by these
presents. This Band -ball automatically be increased by the amount of
MAY Change Order or Supplemental Agreement which increases the Contract
price, but in no event shall a Change order or supplemental Agreement
which xeduoea the Contract price decrease the penal gum of this bond,
TM OSLTGATICN TO PAY SAME is oanditieri*d as follows, Whereas, the
Principal entered ,into a certain Contract, identified by ordinance
Number 97-201, with the City of Denton, the owner, dated the 16 day of
4=Y A.D- 2007, a copy of which is berate attached and marls a part
hemp£, for VZO * and - AUX8708 AHAwnumT.
NOW# ThMnraasr if the PV1=cipa1 shall well, truly and faithfully
pa"a m and fulfill all of the undgrtakingm, covenants, terms, conditions
and agreements of said Contract in accordance with the alsne,
specifications and Contract Documents durxng the original term thereof
and any extension thereof which may be granted by the Owner, with or
without notice to the Surety# and duzing the life of any guaranty or
warranty required under thin Contract, and shall also well and truly
perform and fulfill all the undertakings, covenants, terms, conditions
sad agre®ments of any and all duly authorized modifications of said
Co"Craot that may hereafter be made, attic- CC which modifications to the
Surety being hereby waived, sad, At the Principal shall repair and/or
replace all dofeeto due to faulty materiels 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 owearl and, if the Principal shall
fully indemnify and, save ,barmlese the owner from all eosts and damages
which Owner may suffer by reason of failure to so perform herein and
shall fully rslmburVe and repay Owner all outlay and exparas which the
Owner may incur in making good any default or deficiency, then this
Obligation shell be voids ctherwige, it shall remain is full force and
effect.
paRSORMANCE Son - page 1
JUL-22-97 TUE 11:31 AM WILLIAM GAMMONtINSURANCE FAX N0, 5124690443
GENT HY. BOUTHWEBT aDNSTRUCTD; 7-21-87 9:aq, 5120359805 =r 512 409 0443;
B
movz m FMTHRR, that if any legal action be tiled Upon this Bold,
exklueiva venue shall lie in bantam County, State of Texas.
AIM PRWZDED MzmmR, that the said Surety, for value receivedr
hereby stipulates and agrees that A* change, extension of time,
elberacion or addition to the terms of the Contract, or to the Work tp
b* Perfoamed thareumder, Or'to the lilacs, Specifications. Drawings, ate.,
eocompanyimg the same, shall Sn anywise a#teat its obligation on this
Bond, AAd it does hereby waive notice of any such change, extension of
tuna, alteration cr addition to the terms of the Contract, or to the Nor1c
to be performed thereuedar, or to the plans, specifications, Drawings,
ate.
This Bond is given pueseant to the provisions of chapter 2393 at thgi
Texas Aovarmauannt Code, ae amended, and any other applicable statutes 0
the State of Texas
The undersigned and designated agent is hereby designated by th
Bur®ty herein as the Resident Agent in Denton County to whom an
r6qP18itft motives may be delivered and an Whom service of process may be
had in matters arising out of such suretyship, as provided by Artiele
7.19.1 of the Smmwr400 Code, VOCROD's Annotated Civil statute& of the
at4ts of Texas.
XX W%T"es NOMMOv, tbie in9tiwment is executed in 4 copies,
each One of which shall be deemed sn Original, this the _tad day o
July , ip 97
Marc
Tite('Raaidsnt Ag=t of the sur4" Denton
notice and service of the process iar
NAJ02 Marc A. Sparks
for
, INC.
MUST ADMMB., _.4635 McEwen Dallas, Tx. 75244
(BOTH: Date of performance Bond m"t be date of Contract or ate
IRr,� M6, �q7( ,
Resident Agent is not a corporation, give a person,:& name.)
Aril mmgw Am
PIC"ORWCE RAND - page 2
of,
if
JUL-22-07 TUE 11:29 AM WILLIAM GAMMONIINSURANCE FAX NO. 5124690443 P. f*/09
SENT BY: SOUTHWEeT CONSTRUCTO, 7-21-97 87071 5129359903 -> 01S 400 0443; otle
RATMEMMJUM
TUB STATE OF TEXAS ' ISC 3242
1V111:1M •'w!M �.
XXOW ALL MEN SY THESE W811011'19i Thar SOOTSNEST CMSTRULTORS, INC.,
whose addXeas is P.O. BOX SUM# AUSTIN, THUM 75763, hereinafter called
Principal, and Iib—amtIcnal Surety & Casualty 9990ny a corporation organized
and existing umdar tlta laws Or the state of Texas , and fully
Aukberiaod to trsneaat baeinesS in the State of Texas, as oUsseey, are
held and firmly bound unto the City of Denton, a municipal oorporation
o'Vanismd And existing Under the laws of the State of Texas, hereinafter
c0lsd Owner, and unto all persona, firms, and corporations who may
furnish materisla for, or perform labor upon, tha building or
improvmmeats hereinafter referred to, in the penal a= Of savENTy XXXX
TitaVSANO O= UWADRND NXVANTT NYMS and XG/100 DOLLA" ($78,179.00) in
lawful money of the Oaited states, to be paid in Denton county, Texas,
for the psyateht of whiab sum wall and truly to be made, we hereby bind
Ourselves, our hairs, executors, administrators, mucassaors, and aesigre,
jointly and saverally, firmly by theae presants. This Bond sha11
automatically by Increased by the amount Of any Change Order or,
Aapplemeaa43 Agreement which inereeaes the COntraet price, but in no!
event shall a CbamM Order or supplamantal Agreement whiah reduces the
Caatrect price decrease the penal sum of this Bond
T= OBLIGATION To PAY BANE is conditioned as follows, Whereas, the
Vriaoipal entered into a doWtain Contract, idsatified by Ordinance Numbarl
97-203, with the City of Denton, the Owner, dated the 15 day of MLY,
A.D. LOB7, a coat' of which is hereto attached and made a part hereof, for
BXD 0 3034 - MBMTOB AIATXMMT.
SON, THORWORE, if the principal shall well, truly and faithfully
Perform its duties and make prowot payment to all persons, Vitt",
auboontraetora, corporations end claimants supplying labor and/or
material in the Pr"Ocuticn of the Work provided for in maid Contrae" and
any and all duly authorised uwdilicatione of said Contract that may
hereafter be made, nottioa of which modifications to the surety bsiag
hereby expressly waived, Elton this obligation shall be voidr otherwise
It shall remain in full force and effeet.
RRAVlA$D FORTHn' that if any legal action be filed on this Bond,
emal give venue shall lie is Denton County, Texas.
AND PROVIDED BOETHSR, mint 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
p04ormed thereunder, or to the Plans, spacifieatione, brawiaga, eta
accPmpsnyigg the NOW, 0e11 in anywise affect its obligation an this
Bond, and it dose hereby waive notice Of any such change, extension OE
tin*, alteration or Addition to the terms of the Contract, or to the Nork
to be performed thereunder, or to tha plans, 9pec4,fioations, Drawings,
eta.
PAYM ' AM - page 1
JUL-22-97 TUE 11:30 AM WILLIAM GAMMON}INSURANCE FAX NO. 5124690443
NtNI MY: BCUTNNEBT CONBTRUCTCI 7.21.01 D309, 5128389BB4 •> 812 489 C44E;
I
ThiB Bond is given pursuant to the psovimionm of Chapter 2253 of the
Texas aevernment Coda, as ammiidmd, and ony other applicable statutes pY
the State of Taxam.
%%a underaigged and designated agent is hereby designated by the
surety herein as the iimmident Agent in Denton County to whom any
retptisits natives may be delivered and on whom mervica of process may be
had in matoere mrising out of ewh suretyship, as provided by Article
7.19-1. of she Tnaiumance Cods, Varnonls Annotated Civil stahutas of the
state of Taxam.
IN WITNM NlMEM01', this inetsument is mxeouted in 4 copies,
each One of which shall be dammed an original, this the 2� 2nd day of
JiLIy , 1997 1
ATTEST,
BYn
e ARY
ATTSBT:
BY,
The 9Asident Agent of the
notice and service of the
PRINCIPAL
CONSTRUCTORS, INC
lye
4V=TY
Marc A\
in Denton Marc
9 ice
NAMa Marc A Sparks
STR#BT AWRS'sgn 4635 McEwen Dallas, Tx. 75244
(NCTB, Data of Payment Bond must be date
Resident Agent is not a cerperaticn,
Inevnw0, ONE, Vewo�s►»iov,,oar
piP y 9084
ds]ivery of
oY Contract or after. IR
give a atnraoDIA name.)
PAYMBUT >BOM - Pegs 2
I
i,
ttll rCAS
i
POW
ORIGINALS OF TWS F
SAFETY PAPER, DUP ^ I
TECI AS AN ORIGI
WITH THE ORIGINAL
t' KNOWN BY ALL MB
i & Casualty Company, a is
Texas, having its principal
oludon adopted by the Ex
Company on the 19th day i
1 ' "RESOLVED that the
' execute and deliver a Poi
person, firms or corpormi
9 Attorney -In_ Fact may be
I Board of Directors or by t
RESOLVED, that the
Secretary, and the Seal of 0
any certificate relating then
tified by facsimde signatiu
i Company in the future with
' to which they are attached'
Intemational Surety & Cas
1
its true and lawful attoinee,
�E surely, any and all bonds s
4 takings and documents rel
of said attorney(s) in fact,
t The obligation of the Con
I IN WITNESS WHF
` Seal to he hereto affixed
1 STATE OF TEXAS
l COUNTY OF DALLAS
On this 19th day of
' In the State of Texas, that
he knows the seal of said
t corporation and that he i
I STATE OF TEXAS
I
• COUNTY OF DALLAS
I
I, the undersigned,
and attached POWER O
BOND 3,2 4 2
NUMBER ISC
PRINCIPAL NAME, ADDRESS
CITY, STATE, ZIP
Southwest Constructors, Inc.
P.O. Box 50469
Austin, Tx. 78763
,
i
i
EFFECTIVE DATE 7-22-97
CONTRACT AMOUNT $79,179.00
t' ;BOND AMOUNT $ 79,179.00
IMARC'A; SPARKS, F UEFFREY,NELSON, PATRICIA C HAYES
Inflect, with fullipower and authonty`Udreby conferred in its name place and stead, to sign execute acknowledge and deliver in its behalf as
gurdoru kulga of gurctyship, and to bind I itomational Surety & Casualty Company thereby as fully and to the slime extent as if any bonds, under
agp such I d9 and/or,undertaldngs weir,slgneci by the duly authorized officer of the International Surety & Casualty Company and all the acts
h9atit to thohhthonty henoWgiven are,heieby ratified and confirmed
,
i�
4y,s6all nqt gxdeeditwo million (2,000,, 00) dollars
EOF, the Inttlrnatiaiud Surety'& coos ilaltyCompany ban caused these presents to be signed by any officer of the Company and its Corporate
f _i 4 Irp x,l g�pfiTV&Cgs&
y `Op,P0�r
'i SEAL "
XP �?
I , P Jeffrey Nelson
President
3tober,1199S A,ilt before me came E JefftleylMeleon, known to me personally who being by me duly sworn, did depose and say, that he resides
e lq the Pi (dent of International Surety '1Caeualty Company, the corporation described in and which executed the above Instrument, that
rk&ftoniithet the seal afted to'the said instruments is such corporate seal, that It was so affixed by order, of the Board of Directors of said
tied hla aame,?hereto�dylike order � „
4 � i
�
[ 3 t
N� e� )i { ;956
Notary Public, Into of Texas
Commission Expires 9 11 20M
�attc'A, Sparks, Secretary of the International Surety & Casualty Company, a Taxes Corporation, DO HERESY CERTIFY that the foregoing
ITTORNEY q, "In full tgac i , „
o'ly a
� Op S`V Dated the 22nd day of July , 1997
Y t -rim i
" k SEAL X
Marc At Sparks
Secretary
It OF
the
to any be
S,WRPITY &'
�JNtPS �;ANY
'TORN Y
gNRY ARE PRINTED ON BLOB
dAVE THEI3AME FORCE AND
EN'BiSUED IN CONJUNCTION%
t
TENTS 'Thattjte hitermInal Surety
nized under 6 laws of the State of
]all", pursuant t6the following res
if the Board of Directors of the said
wit
mpany shall Piave authonty'to make,
11dmtihS as Attgmcy Ii4Fect, such
tad from time m hma, d any such
Ihodty granted him revoked by the
any Senior Vice Preside t, or byI the
dttee,of the Board of Dh'ecm4s
41dodt, Execative,Vice' president or
dfixed to any such Power ofAttorhey
any such poweps so e*Tmd and cer
shall be valid and bin upoulthe
and documents relating tosuch bonds
a
a
f
0
0
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
AAA00360 CI - 1
REVISED 10/12/94
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 10/12/94 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:
ixl A. General Liability Insurance:
General Liability Insurance with combined single limits of not less than
$1,000,000 shall be provided and maintained by the contractor The policy
shall be written on an occurrence basis either in a single policy or in a
combination of underlying and umbrella or excess policies
If the Commercial General Liability form (ISO Form CG 0001 current
edition) is used
• Coverage A shall Include premises, operations, products, and
completed operations, Independent contractors, contractual liability
covering this contract and broad form property damage coverage
• Coverage B shall Include personal Injury
• Coverage C, medical payments, is not required
If the Comprehensive General Liability form (ISO Form GL 0002 Current
Edition and ISO Form GL 0404) is used, it shall Include at least
• Bodily Injury and Property Damage Liability for premises,
operations, products and completed operations, independent
contractors and property damage resulting from explosion, collapse
or underground (XCU) exposures
• Broad form contractual liability (preferably by endorsement)
covering this contract, personal injury liability and broad form
property damage liability.
AAAM350
REVISED 10/12/94 CI - 3
Insurance Requirements
Page 4
Ixl Automobile Liability Insurance:
Contractor shall provide Commercial Automobile Liability insurance with
Combined Single Limits (CSL) of not less than $soo.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
Ix) 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
AAAW350
REVISED 10/12/94 Cl - 4
Insurance Requirements
Page 5
"occurrence" basis, and the policy shell be issued by the some 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
[ l 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 10/12/04 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) -
includes all persons or entities performing all or part of the services the
contractor has undertaken to perform on the project, regardless of whether
that person contracted directly with the contractor and regardless of
whether that person has employees This includes, without limitation,
independent contractors, subcontractors, leasing companies, motor
carriers, owner -operators, employees of any such entity, or employees of
any entity which furnishes persons to provide services on the project
"Services" include, without limitation, providing, hauling, or delivering
equipment or materials, or providing labor, transportation, or other service
related to a project "Services" does not include activities unrelated to the
project, such as food/beverage vendors, office supply deliveries, and
delivery of portable toilets.
B The contractor shall provide coverage, based on proper reporting of
classification codes and payroll amounts and filing of any overage
agreements, which meets the statutory requirements of Texas Labor Code,
Section 401.011(44) for all employees of the contractor providing services
on the project, for the duration of the project
AAAW350
REVISED 10112/94 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 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
mad 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 10/12/94 Cl - 7
Insurance Requirements
Page 8
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 mad 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
AAAM350
REVISED 10/12/04 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.
AAA00380
REVISED 10/12/94 Cl - 9
00300 - 1
BID FORM
SECTION 00300
-BID FORM
To City of Denton
Date June 23, 1997
In compliance with your Invitation for Bids and subject to the conditions thereof the undersigned
SOUTHWEST CONSTRUCTORS, INC.
(Name of BIDDER)
a Corporation organized and existing under the laws of the State of
A Partnership consisting of
or an Individual trading as
having principal offices In the City of AUSTIN ,
hereby proposes to fumish labor and materials and perform Work required, including all applicable taxes,
license fees, permits, bonds, Insurance premiums and other associated items necessary In the performance
of the Work for the following Project
Protect Name ASBRSTOS ABATEMENT @ MUNICIPAL BUILDING
Address 604 EAST HICKORY STREET - DENTON TX
Project Number 2054
In accordance with Contract Documents dated 4-18-97
as prepared by TRIAD ONSITE SYSTEMS, INC.
ACKNOWLEDGMENTS The BIDDER declares that he has examined the site of the Work and fully
Informed himself regarding pertinent conditions, and that he has examined the Contract Documents
(including Addenda received) for the Work relative thereto, and that he has satisfied himself relative to the
Work to be performed
I
00300 - 2
BID FORM
BASE BID The BIDDER herewith submits for the portion of the Work identified as "Base Bid" a lump sum
bid of
_SEVENTY—NINE THOUSAND ONE HUNDRED SEVENTY—NINE AND NO/100 DOLLARS
Dollars ($ 79,179.00 1
ALLOWANCES The BIDDER herewith acknowledges the following allowance amounts to be in addition
to the Base Bid in computing the Contract Sum for the Project
CONTINGENCY ALLOWANCE $ 5,000 00
ADDENDA The BIDDER acknowledges receipt of Addenda Numbers 1 & 9
LIQUIDATED DAMAGES The undersigned agrees, if awarded the Contract, to complete the Work within
the number of calendar days shown in Section 01000 or pay the CITY OF DENTON $500 00 per calendar
day in Liquidated Damages
PROJECT SCHEDULE The BIDDER submits the following Work schedule as a modification of the
Maximum Project Duration referenced in Section 01000 (BIDDER may submit modification to reduce the
Project Duration only, increase of Project Duration is not acceptable) The CITY OF DENTON will evaluate
this submittal with consideration of the value of completion of the Project ahead of Maximum Project
Duration and costs of TRIAD ONSITE SYSTEMS, INC.'s services associated with early completion
Should the BIDDER choose to work outside the schedule herein submitted, services for Inspection and
Air Monitoring will be provided by TRIAD ONSITE SYSTEMS, INC and costs of such services will be
backcharged by the CITY OF DENTON to the BIDDER at the CITY OF DENTON's cost plus twenty
percent (20%)
The BIDDER agrees to start Work within 14 consecutive calendar days of receipt
of notice to proceed and complete the Contract within
In consecutive calendar days
SIDDER's Work hours and days of week will be
MONDAY THRU FRIDAY 7:OOAM TO 6.00PM
(Attach additional sheet if necessary to identify BIDDER's Work schedule throughout Project
Duration )
00300 - 3
BID FORM
UNIT PRICES The BIDDER herewith submits for additional units of Work that may be identified by the
CITY OF DENTON during the course of the Contract, or within sixty (60) days following Final Completion,
unit prices complete for removal and disposal of the following items
Minimum trip charge $ 800.00
(to be applied if Work force is no longer at site)
Acoustical ceding tile
Boiler, tank, flue insulation
Straight rim pipe insulation
(6" dia pipe and smaller)
Pipe fitting insulation
(6" dia pipe and smaller)
Duct insulation
Resilient floor tiles and mastic
$ 4.50 per sq It
$ 7.50 per sq ft
$ 8.50 per lin It
$ 45.00 1 per fitting
$ 3.75 per sq It
$ 1.75 per sq It
Gross debris on floor $ 20.00 per sq It
00300 - 4
SEE ATTACHED BID FORM
The BIDDER as part of the bid package shall submit a list of a minimum of five (5) previous asbestos
abatement projects of a similar scope and size, successfully completed by the BIDDER along vAth the
Owner's name, address, and telephone number If the protects were handled by a consulting firm, the name,
address, contact and telephone number of the firm shall also be included
LIST FIVE PREVIOUS ASBESTOS ABATEMENT PROJECTS
t OWNER
CONTRACT SUM
Consultant
2 OWNER
CONTRACT SUM
PHONE NO
COMPLETION DATE
Phone No
PHONE NO
COMPLETION DATE
Consultant Phone No
3 OWNER PHONE NO
CONTRACT SUM
Consultant
4 OWNER
CONTRACT SUM
Consultant
5 OWNER
CONTRACT SUM
COMPLETION DATE
Phone No
PHONE NO
COMPLETION DATE
Phone No
PHONE NO
COMPLETION DATE
Consultant Phone No
00300 - 5
BID FORM
BID SECURITY The undersigned, provided the bid is accepted, agrees to enter into a Contract in
accordance with the Contract Documents withirrten (10) days after the Contract is awarded In accordance
with the terns of the Invitation to Bidders, enclosed is bid security in the form of Certified Check, Cashier's
Check or Bid Bond for not less than ten percent (10%) of the total maximum amount of all bid items The
security will be retained by the CITY OF DENTON as liquidated damages in the event the undersigned is
awarded the Contract and falls to execute it
Bid Bond
(] Cashier's Check
(] Certified Check
CONTRACTOR QUALIFICATION As part of the bid requirements a property completed AIA Document
A305, "Contractor's Qualification Form" is enclosed with this bid
INSURANCE CERTIFICATES As part of the bid requirements a properly completed "Certificate of
Insurance" is enclosed with this bid
CITATIONS The undersigned certifies that he
[) has
(lj has never
received any citations issued by Federal, State or Local regulatory agencies relating to asbestos abatement
activities for the Contracting Company listed below and any and all its affiliates If any citations have been
issued attach a record of said citations Including protects, dates and resolutions
LEGAL PROCEEDINGS/CLAIMS The undersigned certifies that he
[ ] has
[$ has never
been involved in any asbestos -related legal proceedings/claims in which the BIDDER (or employees
scheduled to participate in this project) have participated or are currently Involved If any legal
proceedings/claims have been issued attach a record of said legal proceedings/claims including descriptions
of role, issue and resolution to date
TERMINATIONS The undersigned certifies that he
[ J has
[$ has never
been involved in situations in which an asbestos related Contract has been terminated If any terminations
have been issued attach a record of said termination including projects, dates and reasons for terminations
I
00300 - 6
h any
CERTIFICATIONS go faith without fraud or collusionwfaith and
The undersigned certifies ssubmitted n 9 nzed to execute Contrails on behalf oft e
CERTIF sll named, that this proposal ate, and that the brit is made m g
BIDDER as legally ante may sent to the undersigned at the address set forth
other
full BIDDER,
the'
h elate Law' Notices indicated a and y be s
ccord
below -_ ..mm�RR. 'LNC.
Legal name of BIDDER
Mailing Address
By (Legal Signature)
Name Typed
Title
Corporation number (if aPPilcable)
DATA ON BIDDER
Abatement Contractor's State License
Submit copy of License
oration. type m ��°rate number, d bid is sign an
If a core to bind the corporation
-If a partnership, list partners and their addresses attach written authority arson signing the bid or
by other than the president or a vice-President,er
individual, then so state Any modification tom„ the modification
111betne initials oft e
of an agent who supplied written authority
STATE OF 2 _
19C,?
COUNTY OF _ ccor-IRE ME, THIS _12L:� DAY OF —
TO AND
Printed Name of Notary Public
ig roof Notery Publi
MY COMMISSION EXPIRES NpUrypubllo,SteteofTexas
My CpmmIm910n EWres
NOV 1,1997
--- END OF SECTION --
AcnRn G99TIFIC ,TE OF LIABILITY
INSUi ANC DATE(MMIDDm)
�2 07 2a 97
PRODUCER
William Gammon Insurance
1615 Guadalupe
Austin TX 78701
THIS CERTIFICATE 18 ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW
COMPANIES AFFORDING COVERAGE
COMPANY
A United Capitol Insurance Co
William Gammon III
Phone No 512-477-67 5 Fax He
INSURED
COMPANY
B Northbrook P & C
COMPANY
C Texas WC Ine Fund
Southwest Constructors
Inc
COMPANY
P O Box 50 69
Austin TX 78 69
D
COVERAGE&
THIS IS TO CERTIFY THATT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED NOTWITHSTIj,NDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS
EXCLUSIONS AND CONDI IONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
LTR
TYPE OP INSURANCE
POLICY NUMBER
POLICY00
DE(MMF DNY)
POLICYEXPIRATION
DATE DDNY)
LIMITS
A
GENERAL LIABILITY
X COMMERCIAL GENERAL LIABILITY
AIMS MADE OCCUR
RSSCONTRACrOR'e PROT
beatoa TrlanapFIREDAMAGE(Anyoneflre)
GLAIOOI866
05/19/97
05/19/98
GENERAL AGGREGATE
s2 000,000
PRODUCTS COMP/OPAGG
$2 000 000
PERSONAL S ADV INJURY
$ 1 , 000 000ZOWN:L
EACH OCCURRENCE
52 OOO OOOA
$50,000A
MEDEXP(Anyoneperwn)
s 5 000
bestos Ab temen
B
AUTOMOBILE
X
LIABILITY
ANY AUTO
CA0181820
11/01/96
11/O1/97
COMBINED SINGLE LIMIT
$ 1 , 000 , ODD
ALL OWNED AUTOS
BODILY INJURY
(Per Pown)
$
SCHEDULED AUTOS
HIRED AUTOS
BODILY INJURY
(Per eccide d)
$
X
X
NON -OWNED AUTOS
PROPERTY DAMAGE
I
GARAGE LIABILITY
AUTOONLV EAACCIDENT
$
OTHER THAN AUTO ONLY
ANY AUTO
EACH ACCIDENT
$
AGGREGATE
$
EXCESS LIABILITY
UMBRELLA FORM
OTHER THAN UMSRE LA FORM
EACH OCCURRENCE
S
AGGREGATE
$
CSTITU O
S
WORKERS COMPENSATION AND
EMPLOYERS LIABILITY
EL EACH ACCIDENT
$1 000 000
C
THE PROPRIETOR/ INCL
PARTNERSIEXECUTIVE
OFFICERS ARE R11 EXCL
TSF11620702
09/22/96
09/22/97
EL DISEASE POLICY LIMB
1$11000,000
EL DISEASE EA EMPLOYEE
S 1 DOD DDD
OTHER
DESCRIPTION OF OPERATIONIVIFOCATITSNENICLESISPECIAL ITEMS
RE C��yiyA�t oP Den gp21$$yg04p iaiiakppory St Deent n Tx-Addit ona_l Insured attached to
attaahed0toBPo1T8S11620702 in�favortXLity oPnDenton� of Subrogation
CERTIFICATE HOLDER I CANCELLATION
CITYDE'N 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
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
City of Denton
901-B Texas Street OF ANY KIND UPON THE COMPANY ITS AO EPREBENTATIVES
Denton TX 76201 AUTHORRE 8 TIVE �/
ACORD 20-S (1190) = imADO 0 CORPORATION Ins