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Change Order Number One — Ordinance No. 2009-025 02/03/09 ) R
ORDINANCE NO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS
CONTRACT FOR THE REPAINTING OF THE HIGH SCHOOL ELEVATED WATER TANK;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN
EFFECTIVE DATE (BID 3945-HIGH SCHOOL WATER TOWER REPAINT AWARDED TO
THE LOWEST RESPONSIBLE BIDDER MEETING SPECIFICATION, J.R. STELZER
COMPANY, IN THE AMOUNT OF $949,467).
WHEREAS, the City has solicited, received and tabulated competitive bids for the
construction of public works or improvements in accordance with the procedures of State law and
City ordinances; and
WHEREAS, the City Manager or a designated employee has received and recommended that
the herein described bids are the lowest responsible bids for the construction of the public works or
improvements described in the bid invitation, bid proposals and plans and specifications therein;
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. 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 CONTRACTOR AMOUNT
3945 J.R. Stelzer Company $949,467
SECTION 2. 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 3. The City Manager is hereby authorized to execute all necessary written
contracts for the performance of the construction of the public works or improvements in accordance
with the bids accepted and approved herein, provided that such contracts are made in accordance
with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms,
conditions, plans and specifications, standards, quantities and specified sums contained therein.
SECTION 4. That upon acceptance and approval of the above competitive bids and the
execution of contracts for the public works and improvements as authorized herein, the City Council
hereby authorizes the expenditure of funds in the manner and in the amount as specified in such
approved bids and authorized contracts executed pursuant thereto.
SECTION 5. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the � day of _ 2008.
PERAIR. McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ED
BY
3-0R
CONTRACT AGREEMENT
STATE OF TEXAS
§ COUNTY OF DENTON §
THIS AGREEMENT, made and entered into this 6th day of May A.D., 2008, by
and between City of Denton of the County of Denton and State of Texas, acting through
George C. Campbell thereunto duly authorized so to do, hereinafter termed
"OWNER," and
5850 Russell Drive Ste. 1
Lincoln, NE 68507-3187
of the City of Lincoln, County of Lancaster and State of Nebraska 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 3945- High School Elevated Storage Tank Repaint
in the amount of $949, 667.00 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 and the Performance and Payment Bonds, attached
hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions,
the Notice to Bidders (Advertisement for Bids), and Instructions to Bidders, as referenced herein
and on fife in the office of the Purchasing Agent, and in accordance with all local, state and federal
laws; and plans, which includes all maps, plats, blueprints, and other drawings and printed or
written explanatory matter thereof, and the Specifications therefore, as prepared by:
Birkhoff, Hendricks & Conway, LLP
all of which are referenced herein and made a part hereof and collectively evidence and constitute
the entire contract.
3M
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 covenants and agrees to and does hereby indemnify, hold harmless and defend, at
its own expense, Owner, its officers, servants and employees, from and against any and all claims or
suits for property loss or damage and/or personal injury, including death, to any and all persons, of
whatsoever kind or character, whether real or asserted, arising out of the Work and services to be
performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or
invitees, whether or not caused, in whole or in part, by the alleged negligence of the officers,
servants, employees, of the Owner. Contractor likewise covenants and agrees to, and does hereby,
indemnify and hold harmless Owner during the performance of any of the terms and conditions of
this Contract, whether arising out of in whole or in part, any and all alleged acts or omissions of
officers, servants, or employees of Owner. The provisions of this paragraph are solely for the
benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise,
to any other person or entity.
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 11. T.. A1. f1 ..er^1••• •• tv •• ^�1C ^Fi.^.r iii0 dai^. "'tabilSiie'� .vr D g.ew u w v
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
Right to Audit, --
The OWNER shall have the right to audit and make copies of the books, records and computations
pertaining to this agreement. The CONTRACTOR shall retain such books, records, documents and
other evidence pertaining to this agreement during the contract period and five years thereafter,
except if an audit is in progress or audit findings are yet unresolved, in which case records shall be
kept until all audit tasks are completed and resolved. These books, records, documents and other
evidence shall be available, within 10 business days of written request. Further, the
CONTRACTOR shall also require all Subcontractors, material suppliers, and other payees to retain
all books, records, documents and other evidence pertaining to this agreement, and to allow the
OWNER similar access to those documents. All books and records will be made available within a
50 mile radius of the City of Denton. The cost of the audit will be borne by the OWNER unless the
audit reveals an overpayment of 1% or greater. If an overpayment of 1% or greater occurs, the
reasonable cost of the audit, including any travel costs, must be borne by the CONTRACTOR
which must be payable within five business days of receipt of an invoice.
Failure to comply with the provisions of this section shall be a material breach of this contract and
shall constitute, in the OWNER'S sole discretion, grounds for termination thereof. Each of the
terms "books", "records", "documents" and "other evidence", as used above, shall be construed to
include drafts and electronic files, even if such drafts or electronic files are subsequently used to
generate or prepare a final printed document.
CA-3
IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the
year and day first above written.
ATTEST:
ATTEST: c
APPROVED AS TO FORM:
,j2 Y ATTORNEY
CA-4
City of Denton
(SEAL)
J. R. STELZER CO.
CONTRACTOR
5850 Russell Drive Suite 1
Lincoln, Nebraska 68507-3187
MAILING ADDRESS
402-466-0726
PHONE NUMBER
402-466-7169
FAX NUMBER
BY:
TITLE
James R. Stelzer, President
PRINTED NAME
(SEAL)
ORIGINAL BOND #_ J OF_�(_
PERFORMANCE BOND
STATE OF TEXAS §
COUNTY OF DENTON §
BOND ll TXC 44244
KNOW ALL MEN BY THESE PRESENTS: That J.R. Stelzer ComnanWwhose address
is 5850 Russell Drive Suite 1 Lincoln, NE 68507-3187 hereinafter called Principal, and
Merchants Bonding Company (Mutual) �/a corporation organized and existing under the
laws of the State of Iowa , 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 Nine Hundred Forty Nine Thousand Four Hundred Sixty Seven and 0/1001i
DOLLARS ($941467.O fus 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 2008-095 with the City of
Denton, the Owner, dated the 6th day of May A.D. 2008 a copy of which is hereto attached
and made a part hereof, for Bid 3945 High School Elevated Storaee Tank Repaint.✓
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 two (2) years from the date of final completion and final acceptance of the Work by
the Owner; and, if the Principal shall fully indemnify and save harmless the Owner from all costs
and damages which Owner may suffer by reason of failure to so perform herein and shall fully
reimburse and repay Owner all outlay and expense which the Owner may incur in making good
any default or deficiency, then this obligation shall be void; otherwise, it shall remain in full
force and effect.
It
' 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 time, alteration or addition to the terms of the
Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings,
etc.
This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government
Code, as amended, and any other applicable statutes of the State of Texas.
The undersigned and designated agent is hereby designated by the Surety herein as the
Resident Agent in Denton County to whom any requisite notices may be delivered and on whom
service of process may be had in matters arising out of such suretyship, as provided by Article
7.19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas.
IN WITNESS WHEREOF, this instrument is executed in four copies, each one of which
shall be deemed an original, this the 6th day of May 2008 L/
ATTEST:
ATTEST:
PRINCIPAL
J. R. STELZER CO. ('I✓ /
BY:
PRE DENT
SURETY /
MERCHANTS BONDING OMP Y UAL)
BY: �
ATTORNEY-IN-FACT
Robert T. Cirone
The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of
the process is:
NAME: Star Insurance Services of Texas, Inc.
STREET ADDRESS: 4805 South Colony Blvd., The Colony, TX 75056
(NOTE: Date of Performance Bond must be date of Contract. If Resident Agent is not a corporation,
give a person's name.)
I' C
PAYMENT BOND
STATE OF TEXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS: That J.R. Stelzer Company✓
whose address is 5850 Russell Drive Suite 1 Lincoln, NE 68507-3187 hereinafter called
y ( Principal, and merchants Bonding Companmutu `acorporation organized and existing
under the laws of the State of Iowa , 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
Nine Hundred/Forty Nine Thousand Four Hundred Sixty Seven and 0/100vdO'LLARS
($949,467.OMn 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'2008- 095 , with the City of
Denton, the Owner, dated the 6th day of May A.D. 2008,✓a copy of which is hereto attached
and made a part hereof, for Bid 3945 High School Elevated Storage Tank Repaint.✓
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties
and make prompt payment to all persons, fines, 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 of addition to the terms of the
Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings,
etc.
l
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 herein as the
Resident Agent in Denton County to whom any requisite notices may be delivered and on whom
service of process may be had in matters arising out of such surety, 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 four copies, each one of which
shall be deemed an original, this the 16th day of May 2008`1�11
ATTEST:
'rk.'.9
ATTEST: z'j
D'" -
PRINCIPAL
J. R. STELZER CO.
BY:
PR IDENT
SURETY
MERCHANTS BONDING COMPANY (MUD)
BY: /6► L)t / �-�=-
ATTORNEY -IN -FACT.—
Robert T. Cirone
The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of
the process is:
NAME: Star Insurance Services of -Texas, Inc.
STREET ADDRESS: 4805 South Colony Blvd., The Colony, TX'] 75056
(NOTE. Date of Payment Bond must be date of Contract. If Resident Agent is not a
corporation, give a person's name.)
Merchants Bonding Company
(Mutual)
POWER OF ATTORNEY
Know All Persons By These Presents, that the MERCHANTS BONDING COMPANY (MUTUAL), a corporation duly organized under
the laws of the State of Iowa, and having its principal office in the City of Des Moines, County of Polk, State of Iowa, hath made,
constituted and appointed, and does by thesepresentsmake, constitute and appoint
Robert T. Ciron,,- James M. King, Suzanne P. Westerholt, Jacob J. Buss
of Lincoln and State of Nebraska its true and lawful Attorney -in -Fact, with full power
and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf as surety any
and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such
instrument shall not exceed the amount of. /
SIX MILLION ($6,000,000.00) DOLLARS t"
and to bind the MERCHANTS BONDING COMPANY (MUTUAL) thereby as fully and to the same extent as if such bond or
undertaking was signed by the duly authorized officers of the MERCHANTS BONDING COMPANY (MUTUAL), and ail the acts of
said Attorney -in -Fact, pursuant to the authority herein given, are hereby ratified and confirmed.
This Power -of -Attorney is made and executed pursuant to and by authority of the following Amended Substituted and Restated By -
Laws adopted by the Board of Directors of the MERCHANTS BONDING COMPANY (MUTUAL) on November 16, 2002.
ARTICLE II, SECTION 8 - The Chairman of the Board or President or any Vice President or Secretary shall have power and
authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the
Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature
thereof.
ARTICLE II, SECTION 9 - The signature of any authorized officer and the Seal of the Company may be affixed by facsimile
to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking,
recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the
same force and effect as though manually fixed.
In Witness Whereof, MERCHANTS BONDING COMPANY (MUTUAL) has caused these presents to be signed by its President and
its corporate seal to be hereto affixed, this 16th day of January, 2006.
�p\NG CO
:00.�PPOg9.gy,•
a' 1933 ; ti
c'
STATE OF IOWA
COUNTY OF POLK ss.
MERCHANTS BONDING COMPANY (MUTUAL)
By
President
On this 161h day of January, 2006, before me appeared Larry Taylor, to me personally known, who being by me duly swom did say that
he is President of the MERCHANTS BONDING COMPANY (MUTUAL), the corporation described in the foregoing instrument, and that the
Seal affixed to the said instrument is the Corporate Seal of the said Corporation and that the said instrument was signed and sealed in behalf
of said Corporation by authority of its Board of Directors.
In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year first
above written.
CINDY SMYTH
. INCommission Number 173504
.. * My Commission Expires
March 16, 2009
STATE OF IOWA
COUNTY OF POLK ss.
Ue�
Notary Public, Polk County, Iowa
I, Wiliam Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL), do hereby certify that the above and foregoing
is a We and correct copy of the POWER -OF -ATTORNEY executed by said MERCHANTS BONDING COMPANY (MUTUAL), which is
still in full force and effect and has not been amended or revoked.
In Witness Whereof, I have hereunto set my hand and affixed the seal of the Company on this 6 th day of May 20Q8
• p\NG•Co'- /
•// �/
' a' c; Secretary
1933
v •.
POA 0001 (1/06) •'•b�fy'. \lac.
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Page 5 of bond
ACORD CERTIFICATE
OF LIABILITY INSURANCE OP ID TG DATE (MM/DDIYYYY)
1
PRODUCER
JRSTELI 05 12 08
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Copple Insurance Agency, Inc.
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
P.O. Box 83405
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Lincoln NE 68501-
Phone: 402-475-3213
INSURERS AFFORDING COVERAGE
NAIC #
INSURED
INSURER A'. Cincinnati insurance company
10677
/
INSURER 8: Texas Mutual Insurance Co
J R Stelzer Cc V
�'o�
INSURER C:
5850 Russell Dr
Lincoln NE 68507-3129
7
INSURER D.
INSURER E.
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
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 CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LTR
NSR
TYPE OFINSU CE
POLICY NUMBER
DATE MM
PDATE MM/DD/YY J
LIMITS
NERAL LIABILI
/
HOCCURRENCE
$1,000,000
A
X
X COMMERCIAL GENERAL LIABILITY
CLAIMS MADE O OCCUR
CPP08693201,
07/01/07
07/01/08
PREMISES(Eaoccurence)
$100,000
MED EXP (Any ana person)
$ 5,000
PERSONAL 8 ADV INJURY
$ 1,000,000
GENERAL AGGREGATE
$2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY X PRO-
JECT OC
PRODUCTS - COMP/OP AGO
$2,000,000
A
X
AUTOMOBILE
LIABILI
ANY AUTO
CPP08693
07/01/07
07/01/08
MBINED SINGLE LIMIT
aaccieenp
$1,000,000
ALL OWNED AUTOS
SCHEDULED AUTOS
BODILY INJURY
(Per person)
$
HIRED AUTOS
NON -OWNED AUTOS
BODILY INJURY
(Per accitlenl)
$
PROPERTY DAMAGE
(Per amdenp
$
GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT
$
ANY AUTO
OTHER THAN EA ACC
AUTO ONLY. AGG
$
$
A
EXCESSIUMBRELLA LIABILITY
X OCCUR F—ICLAIMSMADE
/
CPP0869320 J
07/01/07
07/01/08
CH OCCURRENCE
$4,000,000
AGGREGATE
$4,000,000
E
DEDUCTIBLE
$
RETENTION $
$
B
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNERIEXECUTIVE
OFFICERIMEMBER EXCLUDED?
f yes, tleSIXiba under
SPECIAL PROVISIONS below
000113612820070916
09 1
/ 6/07
09/16/0
�11TORV LIMITS ER
E. L. EACH ACCIDENT
$1, 000, 000'
E. L. DISEASE - EA EMPLOYEE$1,
000,000 /
E.L. DISEASE -POLICY LIMIT
$1, 000, 000
OTHER
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
Project: High School Elevated Storage Tank Repair - City of Denton, TX.-�
Waiver f subroaation on the work comp in favor of City of Denton--'clt of -
Denton is listd as an -additional sured on the general liability and auto
liability policies
City of Denton ✓
901-B Texas Street
Denton TX 76209
CITYD-3 I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR I MAIL 3O YO YS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
w
1988
CITY OF DENTON
INSURANCE REQUIREMENTS FOR CONTRACTORS
Bidder's attention is directed to the insurance requirements below. It is highly recommended
that bidders confer with their respective insurance carriers or brokers to determine in advance
of Bid submission the availability of insurance certificates and endorsements as prescribed
and provided herein. If an apparent low bidder fails to comply strictly with the insurance
requirements, that bidder may be disqualified from award of the contract. Upon bid award, all
insurance requirements shall become contractual obligations, which the successful bidder
shall have a duty to maintain throughout the course of this contract.
STANDARD PROVISIONS:
Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall
provide and maintain until the contracted work has been completed and accepted by the City of
Denton, Owner, the minimum insurance coverage as indicated hereinafter.
As soon as practicable after notification of bid award, Contractor shall file with the Purchasing
Department satisfactory certificates of insurance, containing the bid number and title of the
project. Contractor may, upon written request to the Purchasing Department, ask for
clarification of any insurance requirements at any time; however, Contractors are strongly
advised to make such requests prior to bid opening, since the insurance requirements may not be
modified or waived after bid opening unless a written exception has been submitted with the bid.
Contractor shall not commence any work or deliver any material until he or she receives
notification that the contract has been accepted, approved, and signed by the City of Denton.
All insurance policies proposed or obtained in satisfaction of these requirements shall comply
with the following general specifications, and shall be maintained in compliance with these
general specifications throughout the duration of the Contract, or longer, ifso noted:
• Each policy shall be issued by a company authorized to do business in the State of
Texas with an A.M. Best Company rating of at least A.
• Any deductibles or self -insured retentions shall be declared in the bid proposal. If
requested by the City, the insurer shall reduce or eliminate such deductibles or
self -insured retentions with respect to the City, its officials, agents, employees and
volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and
related investigations, claim administration and defense expenses.
• Liability policies shall be endorsed to provide the following:
• Name as additional insured the City of Denton, its Officials, Agents,
Employees and volunteers.
CI-9
• 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.
• Cancellation: The City requires 30 day written notice should any of the
policies described on the certificate be cancelled or materially changed
before the expiration date.
• 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.
CI - 10
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.
[X j A. General Liability Insurance:
General Liability insurance with combined single limits of not less than
$1,000,000.00shall 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.
[XI Automobile Liability Insurance:
Contractor shall provide Commercial Automobile Liability insurance with Combined Single
Limits (CSL) of not less than $500,000.00 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:
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).
[ ] Owner's and Contractor's Protective Liability Insurance
The'Contractor shall obtain, pay for and maintain at all times during the prosecution of the
work under this contract, an Owner's and Contractor's Protective Liability insurance policy
naming the City as insured for property damage and bodily injury which may arise in the
prosecution of the work or Contractor's operations under this contract. Coverage shall be on
an "occurrence" basis, and the policy shall be issued by the same insurance company that
carries the Contractor's liability insurance. Policy limits will be at least combined bodily
injury and property damage per occurrence with a aggregate.
[ ] Fire Damage Legal Liability Insurance
Coverage is required if Broad form General Liability is not provided or is unavailable to the
contractor or if a contractor leases or rents a portion of a City building. Limits of not less
than each occurrence are required.
[ ] Professional Liability Insurance
Professional liability insurance with limits not less than per claim with
respect to negligent acts, errors or omissions in connection with professional services is
required under this Agreement.
[ ] Builders' Risk Insurance
Builders' Risk Insurance, on an All -Risk form for 100% of the completed value shall be
provided. Such policy shall include as "Named Insured" the City of Denton and all
subcontractors as their interests may appear.
Cl - 12
[ ] Commercial Crime
Provides coverage for the theft or disappearance of cash or checks, robbery inside/outside
the premises, burglary of the premises, and employee fidelity. The employee fidelity
portion of this coverage should be written on a "blanket' basis to cover all employees,
including new hires. This type insurance should be required if the contractor has access to
City funds. Limits of not less than each occurrence are required.
[ ] 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.
CI-13
ATTACHMENT
JXJ 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 401.01](44) for all employees of the
Contractor providing services on the project, for the duration of the project.
C. The Contractor must provide a certificate of coverage to the governmental entity prior to
being awarded the contract.
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:
Cl - 14
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.
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) 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;
CI-15
5) retain all required certificates of coverage on file for the duration of the project and
for one year thereafter;
6) notify the governmental entity in writing by certified mail or personal delivery,
within 10 days after the person knew or should have known, of any change that
materially affects the provision of coverage of any person providing services on the
project; and
7) contractually require each person with whom it contracts, to perform as required by
paragraphs (1) - (7), with the certificates of coverage to be provided to the person for
whom they are providing services.
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.
C1-16
CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ
For vendor or other person doing business with local governmental entity
This questionnaire reflects changes made to the law by H.B. 1491, 80th Leg., Regular Session.
OFFICE USE ONLY
This questionnaire is being filed in accordance with chapter 176 of the Local Government Code by a
Date Received
person doing business with the governmental entity.
By law this questionnaire must be filed with the records administrator of the local government not
later than the 7th business day after the date the person becomes aware of facts that require the
statement to be filed. See Section 176.006, Local Government Code.
A person commits an offense if the person violates Section 176.006, Local Government Code. An
offense under this section is a Class C misdemeanor.
1 Name of person who has a business relationship with local governmental entity.
2
❑ Check this box if you are filing an update to a previously filed questionnaire.
(The law requires that you file an updated completed questionnaire with the appropriate fling authority not later than the. 7t" business
day after the date the originally fled questionnaire becomes incomplete or inaccurate.)
3
Name of local government officer with whom filer has an employment or business relationship.
Name of Officer
This section, (item 3 including subparts A, B, C & D), must be completed for each officer with whom the filer has an employment or other business
relationship as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary.
A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the
filer of the questionnaire?
El Yes No
B. Is the filer of the questionnaire receiving or likely to receive taxable income, other than investment income, from or at the direction of the
local government officer named in this section AND the taxable income is not received from the local
governmental entity?
0 Yes =
No
C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer
serves as an officer or director, or holds an ownership of 10 percent or more?
Yes El No
D. Describe each affiliation or business relationship.
4
Signature of person doing business with the governmental entity Date
Adopted 0629/2007
CIQ - 1
CITY OF DENTON, TEXAS
Repainting the 2.0-MG High School Elevated Storage Tank
BID SCHEDULE
BASE BID
Item
No.
Estimated
Quantity
Unit
Description and Price in Words
Price in
Figures
Extended
Amount
For Abrasive Blasting and Cleaning the Interior
Tank Bowl, Wet Riser and Interior
Appurtenances of the 2.0-MG High School
1
I
L.S.
Elevated Storage Tank and Fully Containing all
Blast Material and Existing Paint Removal
complete in place, the sum of m,vc fH NORro
v< -iOvf. at Se ue.j //s. Jdi
S two Dollars
and No
> 1/2-1-7 7Z—
jr11q. -77z�'
Cents per Lump Sum
For Painting the Interior Bowl, Wet Riser and
Interior Appurtenances of the 2.0 Million Gallon
2
1
L.S.
High School Elevated Storage Tank
complete in place, the sum of Qyero cn
Fvc >%/.usAgal ll e ced ed
r N -ri Dollars
and No
GC o5-738p
d 338'06
Cents per Lump Sum
For Abrasive Blasting and Cleaning of the
Complete Exterior of the 2.0 Million Gallon
High School EST and Fully Containing all Blast
3
1
L.S.
Material and Existing Paint Removal
complete in place, the sum of r e J✓ d .�
rr -S%.0 geiv4.j Seve„i
Dollars
and ,vo
1156 74 >�
�` 336 707
Cents per Lump Sum
For Painting the Complete Exterior of the 2.0
Million Gallon High School EST (Single Color
4
1
L.S.
to be Selected by Owner)
complete in place, the sum of U, o
J+twj.'ej -Tw svr. ✓d
ONe 4-4,-4 ?=i Dollars
and /vo
�,q,?,Q /SDI
Cents j2er Lump Sum
1:\ entanUW6 I Wspv \Lc M-P&BS-Ixli PBS-2
00
Item
Estimated
Price in
Extended
No.
Quantity
Unit
Description and Price in Words
Figures
Amount
For Proper Disposal of Interior and Exterior
Paint Removed, together with the Abrasive
5
1
L.S.
Blasting Media used during Blasting Operation
complete in place, the sum of , yee.d
Y'kj uS n
Dollars
and n/a
dd
or
add
Cents per Lump Sum
For Removing and Replacing the Interior "Wet"
Ladders with 316 Stainless Ladders, including
6
1
L.S.
Safety Climb
complete in place, the sum of
Dollars
and /VD
do
odd
e,
/6 dad
Cents per Lump Sum
7
1
L.S.
Remove and Replace Roof Tank Vent
complete in place, the sum of (�
7LUSAPVj
Dollars
and .vo
o�
$ Ao0
ad
y($000
Cents per Lump Sum
Clean, Caulk and Seal all Roof Rafters to Roof
8
1
L.S.
Plate (36 Rafters)
complete in place, the sum of K
—114 du
Dollars
and w0
oro ee
6, 000
Cents per Lump Sum
Clean, Caulk and Seal all Interior Roof Plate Lap
9
1
L.S.
Joints
complete in place, the sum of o U �
DU
Dollars
and /t/0
{i 000'�O°�
oa
Cents per Lump Sum
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BASE BID
Item
Estimated I
IPrice
in
Extended
11 No. I
Quantity I
Unit I
Description and Price in Words
Figures
Amount
10 1
11
12
13
(Clean, Caulk and Seal Interior Horizontal
L.S. Stiffener Rings (4-Rings)
complete in place, the sum of
Cents per Lump Sum
Remove and Replace Structural Bolted
Connections for Roof Rafter Bracing, as
20 Ea. required in the Field
complete in place, the sum of OAy�r
Dollars
Remove and Replace Interior Observation
Platform and Safety Rails with like size and
1 L.S. configuration
complete in place, the sum of
ouS
Dollars
and No
Cents er Lum Sum
Enlarge Roof Access Hatch and Cover to a
1 L.S. minimum 30-Inch Diameter Opening
complete in place, the sum of )5 r
e
OV I M 3,606 0
4
# 9,ao0 °a
Dollars
and 0 a, °_
Cents er Lum Sum S 060 Sa°D
Furnish and Install a Fixed 42-Inch High 12-Foot
Diameter Safety Handrail around the Tank
14 1 L.S. Access Hatch
complete in place, the sum of ec�
Dollars
and
Cents Der L mD Sum
JMW nm U� I p.V.h 0]-P&BS-? r PBS-4
Item
No.
Estimated
Quantity
Unit
Description and Price in Words
Price in
Figures
Extended
Amount
Replace 1-Inch Diameter Horizontal Painter's
15
1
1.<
Rod on Exterior of Tank
complete in place, the sum of
e u cwc� ✓ drodr al
Dollars
and No
Cents per 04
Performing Remedial Welding, when requested
16
40
Hrs.
by the Owner
complete in place, the sum of pp.
vn r
Dollars
and /vo
(00 °=
Zia Qd
Cents per Hour
Furnishing and Operating an All Electric
Dehumidification System for the Interior Blast,
17
1
L.S.
Paint and Cure
complete in place, the sum of 7
uS
Dollars
and No
DDD
,� ,ZD i ed
Cents per Lump Sum
18
1
L.S.
Design and Install Cathodic Protection
complete in place, the sum of
v g "
Dollars
and 0VV
0 060
as
t20,000
Cents per Lump Sum
For Removing and Replacing the Obstruction
19
1
L.S.
Light Assembly
complete in place, the sum of a o�
dust V cL
Dollars
and Ale
3 5aa
SDD
Cents per Lump Sum
HRn10n¢006106Vp VMMO-MBS.2.ds PBS-5
Item
Estimated
I
I
Price in
Extended
No.
Quantity
Unit
Description and Price in Words
Figures
Amount
For Painting the "Denton" Logo on the Exterior
20 3 Ea. of the Tank Bowl
complete in place, the sum of �j ply
and
Cents
OF BASE BID
1
Each
Dollars
J:\ nton@006I06 px %ttth\07-P&HS-2.Ns
PBS-6
ADDITIVE ALTERNATE
Item
Estimated
Price in
Extended
No.
Quantity
Unit
Descri tion and Price in Words
Figures
Amount
For Abrasive Blasting and Re -Coating the
Interior Skirt of the 2.0 Million Gallon High
IA 1 L.S. School Elevated Storage Tank
complete in place, the sum of QnAC_
E v eto, d
✓ a0IL-1 Dollars
and Vivp
Cents per Lump Sum
For Removing and Replacing the Interior Access
Ladder from the Ground Floor to the Interior
Platform, including Two New Intermediate
2A 1 L.S. Platforms
complete in place, the sum of IJIAIZ�m
Dollars
and
Cents per Lump Sum /Q ged of # IT, ede o;
OF ADDITIVE ALTERNATE (Items 1A Through 2A) t 201 pq4
BID SUMMARY
AMOUNT OF BASE BID (Items 1 Through 20)
AMOUNT OF ADDITIVE ALTERNATE (Items IA Through 2A)
OF
+ Additive
W
TOTAL
//rPRICE IN WORDS: !21/s M•//4o-, 9,Jc A,�..wirgd Alr¢y �� x e✓Snn/d_ �y�
AOrwdfeA ClP✓Ce% an N0110e A(LS
i3O�mnUN610R,vusVmhw7-PeBs-2 As - PBS-7
In the event of the award of a contract to the undersigned, the undersigned will furnish a performance
bond and a payment bond for the full amount of the contract, to secure proper compliance with the terms
and provisions of the contract, to insure and guarantee the work until final completion and acceptance,
and to guarantee payment for all lawful claims for labor performed and materials furnished in the
fulfillment of the contract.
It is understood that the work proposed to be done shall be accepted, when fully completed and finished
in accordance with the plans and specifications, to the satisfaction of the Engineer.
The undersigned certifies that the bid prices contained in this proposal have been carefully checked and
are submitted as correct and final.
Unit and lump sum prices as shown for each item listed in this proposal, shall control over extensions.
The undersigned agrees this bid becomes the property of the City of Denton after the official opening.
The undersigned affirms that they are duly authorized to execute this contract.
Vendor hereby assigns to purchaser any and all claims for overcharges associated with this contract
which arise under the antitrust laws of the United States, 15 USCA Section 1 et seq., and which arise
under the antitrust laws of the State of Texas, Tex. Bus. & Com. Code, Section 15.01, e"se
Receipt is hereby acknowledged of the following addenda to the plans and specifications:
Addendum No. 1 dated
Addendum No. 2 dated
Addendum No. 3 dated
Addendum No. 4 dated
Addendum No. 5 dated
Seal and Authorization
(If a Corporation)
!2LI q 13 ,0 0 Received ord / i�008
Received '
Received
Received
Received
S4,
Contractor
By: 2
please print name)
Signature:
Title: ��ES i t�Elt/T
�ja57) &55e—It ie_i✓e
Street Address
LIc-62,05k"9 GBse� 3is�
City, County, State and Zip
Telephone Fax No.
E-Mail Address: r S_ �e l z eg— 4J C tjY11
v
NICHCa t0n1 Mi-106 high school rn rc M'n s 4cch-s Wg-p&bs-3.doc
PBS-8