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1998-146AN o INANcE ACCEPTIN CO EUTrVE Bn)S ^W IN ^ CO CT FOR DEMOLmON OF BULDINGS CLE ING OF LOTS, PROVmiNG FOR THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE (BID # 2207 - DEMOLITION AND CLEAKING #28 AWARDED TO TELCOM OF TEXAS IN THE AMOUNT OF $15,670 00) WHEREAS, the C~ty has sohc~ted, received and tabulated competitive b~ds for the constructmn ofpubhc works or ~mprovements m accordance w~th the procedures of STATE law and C~ty ordinances, and WHEREAS, the C~ty Manager or a des~l~uated employee has received and recommended that the here~n descnbed b~ds are the lowest raspons~ble b~ds for the construction of the pubhc works or ~mprovements descnbed ~n the b~d ~nwtat~on, b~d proposals and plans and specifications there~n, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS ~ That the follov~ng competitive b~ds for the construction of pubhc works or ~mprovements, as described ~n the "B~d Invitations", "B~d Proposals" or plans and. specifications on file ~n the Office of the C~ty's Purchasing A~ent filed according to the b~d number assigned hereto, are hereby accepted and approved as being the lowest responsible b~ds BID NUMBER ~ AMOUNT 2207 TELCOM OF TEXAS $16,670 00 ~ That the acceptance and approval of the above competlttve bids shall not constitute, a contract between the C~ty and the person submitting the b~d for construction of such pubhc works or ~mprovements hereto accepted and approved, until such person shall comply w~th all reqmrements specafied m the Not,ce to B~dders ~ncludmg the t~mely execution of a written contract and furmshmg of performance and payment bonds, and insurance cemfieate after notification of the award of the b~d ~ That the C~ty Manager ~s hereby authorized to execute all necessary written contracts for the performance of the construction of the pubhe works or ~mpmvements m accordance w~th the b~ds accepted and approved herein, prowded that such contracts are made m accordance w~th the Notaee to B~dders and B~d Proposals, and documents relating thereto specffyang the terms, condmons, plans and specafieaUons, standards, quantlt~es and specified sums contained there~n ~, That upon acceptance and approval of the above competitive bids and the execution of contracts for the pubhc works and improvements as anthonzed herein, the City Council hereby anthonzes the expenthmre of funds an the manner and m the mount as specified m such approved bids and anthonzed contracts executed pursuant thereto ~ That tl~s ordinance shall become effective xmmedmtely upon tts passage and approval PASSED AND APPROVED ttus the6~/t~) day of__~.~,1998 JACI~LLER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY 2207CONTRACT ORDINANCE CONTRACT AGREEMENT STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT, made and entered into th~s 2 day of JUNE A.D., 1998, by and between CITY OF DENTON of the County of DENTON and State of Texas, acting through TED BENAVIDES thereunto duly authorized so to do, hereinafter termed "OWNER," and TELCOM OF TEXAS INC. 500 E. HOUSTON SHERMAN, TX 75090 of the City of SHERMAN County of GRAYSON and State of TEXAS, hereinafter termed "CONTRACTOR" WITNESSETH That for and m consideration of the payments and agreements hereinafter mentioned, to be made and performed by OWNER, and under the conditions expressed m the bonds attached hereto, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified below BID # 2207 - DEMOLITION & CLEARING # 28 m the amount of $16.670.00 and all extra work m connection therewith, under the terms as stated m the General Conditions of the agreement, and at h~s (or their) own proper cost and expense to furmsh all materials, supphes, machinery, eqmpmant, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the work specified above, m accordance w~th the conditions and prices stated m the Proposal attached hereto, and m accordance w~th all the General Conditions of the Agreement, the Specml ConditIons, the Not~ce to B~dders (Advertisement for B~ds), Instructions to Bidders, and the Performance and Payment Bonds, all attached hereto, and m CA- 1 accordance with the plans, which mcludes all maps, plats, blueprints, and other drawings and prmted or written explanatory matter thereof, and the Specifications therefore, as prepared by CDBG DEPARTMENT all of winch are made a part hereof and collectively evMence and consUtute the enure contract Independent Status It is mutually understood and agreed by and between City and Contractor that Contractor is an mdependent 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 s~ck leave benefits, worker's compensation, or any other City employee benefit C~ty 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 accordmg to the attached specifications at the general d~rectmn of the City Manager of the City of Denton, Texas, or his designee under this agreement Indemnification Contractor shall and does hereby agree to mdenunfy 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, ormssion or neghgent act of Contractor, its officers, agents, employees, lnvttees, and other persons for whom it is legally liable, with regard to the performance of tins Agreement, and Contractor will, at its cost and expense, defend and protect the C~ty of Denton against any and all such clauns and demands Choice of Law and Venue Tins agreement shall be governed by the law of the State of Texas and venue for its construction and enforcement shall lie m 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 m written notice to commence work and complete all work withm the tune stated m the Proposal, subject to such extensions of tune as are provided by the General and Special Conditions The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown tn the Proposal, winch forms a part of tins 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 m the year and day first above written ATTEST ~.~f~ ~'~ff~/~ CITY OF DENTON (SEAL) CONTRAC~'OR MAILING ADDRESS PHONE NUMBER FAX NUMBER P~NTED ~ME APPROVED AS TO F ~ CA - 3 CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Bidder's attention Is directed to the Insurance requirements below. It Is highly recommended that blddere confer with their respective Insurance carriers or brokers to determine in advance of Bid submission the availability of Insurance certificates and endorsements aa prescribed and provided herein. If an apparent Iow bidder fails to comply strictly with the Insurance raquiremsnt~, that bidder may be disqualified from award of the contract. Upon bid award, all insurenca 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 cartlflcates of :nsurence. contmnlng the b~d 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 rnodlfled or waived after bid opening unless a written exception has bean 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 w,th the following general specifications, and shall be maintained in compliance with these general specifications throughout the duration of the Contract, or longer, if so notod: · 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 ,~ · Any deductibles or self-insured retentions shall be declared :n the bid proposal. If requested by the City, the ,neuter shall reduce or ellrnlnats such deductibles or self-insured retentions with respect to the City, its AAA00360 I~V=ED 10/12/94 Cl - 1 Insurance Requirements Page 2 officials, agents, employees and volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. · Liability policies shall be endorsed to provide the following: · · Name as additional insured the City of Denton, its Officials, Agents, Employees and volunteers. · · That such insurance Is primary to any other insurance available to the additional Insured with respect to cia,ms 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 ~nsurer's limit of liability. All policies shall be endorsed to prov,de thirty(30) days prior written notice of cancellation, non-renewal or reduction ~n coverage. · Should any of the raqu,red 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 cia,ms 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 prov,dlng for cia,ms Investigation or legal defense costs to be included ~n 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 C~ty receivea satisfactory evidence of reinstated coverage as required by th~s contract, effective as of the lapse date. If Insurance ,s not re,nstated, C~ty may, at its sole option, terminate this agreement effective on the date of the lapse. "EVlUD ~0;~2m4 CI - 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: A. General Liability Ineurance: General Liability insurance with combined single limits of not less than $.~oo, ooo. O0 shall be provided and maintained by the contractor. The policy shall be written on an occurrence basis either in a single policy or ~n a combination of underlying and umbrella or excess policies. If the Commercial General LlabihW form (ISO Form CG 0001 current edition) is used: · Coverage A shall include premises, operations, products, and completed operations, Independent contractors, contractual Ilab~hty covering this contrac~ and broad form property damage coverage · Coverage B shall Include personal iniu~. · Coverage C, medical payments, is not required. If the Comprehensive General Liability form (150 Form GL 0002 Current Edition and I$0 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 ~njury liability and broad form property damage liability. AA~03~O SE'WSEU ~on2m4 CI - 3 Insurance Requirements Page 4 Automobile Uebility Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Umlts (CSL) of not less than ~3oo~ooo.oo 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. Workers Compensation Insurance Contractor shall purchase and maintain Worker's Compensation Insurance which, in addition to meeting the minimum statutory requtrements 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 $500,000 policy limit for occupational disease. The City need not be named as an "Additional Insured" but the insurer shall agree to waive all rights of subrogation against the City, its officials, agents, employees and volunteers for any work performed for the City by the Named Insured. For building or construction projects, the Contractor shall comply with the provisions of Attachment 1 in accordance with §406.096 of the Texas Labor Code and rule 28TAC 110.110 of the Texas Worker's Compensation Commission (TWCC). [ ] Owner's and Contractor's Protective Uabtlity Insurance The Contractor shall obtain, pay for and maintain at all times during the prosecution of the work under this contract, an Owner's and Contractor's Protective Liability insurance policy naming the City as insured for property damage end bodily Injury which may arise ~n the prosecution of the work or : contractor's operations under this contract. Coverage shall be on an AAAO03$O Insurance Requirements Page 5 'occurrence' basis, and the policy shall be issued by the same insurance company that carries the contractor's liability insurance. Policy limits will be at least combined bodily injury and property damage per occurrence with a aggregate. [ ] Fire Damage Legal Uability Insurance Coverage Is required if Broad form General Liability is not provided or ~s 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 Uability Insurance Professional liability insurance with llm,ts not less than per cla,m with respect to negligent acts, errors or om,ss,one ,n connection w~th professional services ,s required under this Agreement [ ] Builders' Risk Insurance Builders' Risk Insurance, on an Ali-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 the,r interests may appear. [ ] Additional Insurance Other insurance may be required on an ~ndiv,dual basis for extra hazardous contracts and specific sew,ce agreements. If such addlt,onal insurance ~s required for a specific contract, that requ,rement w,II be descr,bed ,n the "Specific Conditions" of the contract spec,ficatlons. Insurance Requirements Page 6 ATTACHMENT I Worker's Compensation Coverage for Building or Construction Projects for Governmental Entities A. Definitions: Certificate of coverage ("certlficate")-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 'rYvcc-84), showing statutory workers' compensation Insurance coverage for the person's or entlty'a 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 persona or entitles performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operatora, 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 8 project. "Services' does not Include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any overage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011 (44) for all employees of the contractor providing services .. on the project, for the duration of the project AAA00350 F~'VlSED I0/12J04 Gl - 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 currant certificate of coverage ands 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 w~ll have on file certificates of coverage showing coverage for all persons prowdlng 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 coveraga for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity ~n 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 repor~ lack of coverage. AAA003~0 ~.v,s~ ~o/~/~4 CI - 7 Insurance Requirements Page 8 I. The contractor shall contractually require each person with whom ~t contracts to provide services on a project, to: (I) 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: (§) rattan all required certificates of coverage on file for the duration of the project and for one year thereafter: (6} notify the governmental entlt7 in writing by certified mall 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 AAA003~O ~'WSED ~o/~=m~ Cl - 8 Insurance Requirements Page 9 (7) contractually requ,re each parson with whom ~t contracts, to perform aa 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 la representing to the governmental entity that all employees of the contractor who will prowde services on the project w~ll 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 ~nsurence carrier or, in the case of a self-insured, w~th the commission's Division of Self-lnsurence 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 w~thln ten days after receipt of notice of breach from the governmental entity. a~v;s~o ~on~s CI - 9 BID NUMBER 2207 BID PROPOSALS Page 2 of 2 City of Denton, Texas 001 a Texas Purohaolng Oepadmeet Oeflton, Texas ~8201 ,TEM gu^. P.,c AM°UN' [. 1315 ~[ocktngb Srd $_~_~ N. Locust 2. 802 /--~ We quote the ~ f o b dellver~ to ~nton, Tex~ Shipment can ~ maoe in days from r~elpt of order Terms ne~ unless othe~lae Indl~t~ In submitting the a~ve bid, the vendor agr~a that ac~ptan~ of any or all bid items by the City of ~nton, Texas within a reasonable perled of time ~netltuee a contract ~e ~omplet~ Bid Proposal must ~ properly pri¢~, algn~ and return~ Cerhflcate of Insurance mis CERTIRCAr~ I~, ~,l THIS CERTIFICATE 1S ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON YOU THF CERTIFICATE HOLDER his Is to Certify that I Name and LIBERTY Telcom of Texas 4-- address of MUTUAL P O Box 130 Insured I Whltewnght, TX 75491 Insured b the Cum an under the policy(les) listed below The insurance afforded by he s ed policy0es) is sub ect to all their s at the Issue date of th~s certificate, Y P Y ct to wf~ch this certificate may be te~, exclusions and cand tions and Is not altered by any requirement, term or condition of any contract or other document with respa , issued, -- EXP DATE * [] CQNTINUOUS TYPE OF POLICY [3 EXTENDED POLICY NUMBER LIMIT OF LIABILITY r~l pOLiCY TERM CQVERAGE AFFORDED UNDER WC EMPLOYERS LIABIL~ ~Y WORKERS 4/6/99 WC7-191 083584-018 LAW OF THE FOLLOWING STATES Bodily inlurV By Accldent COMPENSATION $500,000 Eact Acci TEXAS Bodily InJu~J By Disease $500,000 Llmi Bodily Inju~y By Disease $500,000 Eec General Aggregate Other than pr _,~u~,../Compteted Opa,.tions GENERAL $2,000,000 LIABILITY [] OCCURRENCE 4/6/99 yy2-191-083584-038 Products/Completed Opera'aena Aggregate . $1,000,000 _ Boclilv Iniurv and ProperN Dama~3e Uabilitv per [] CLAIMS MADE $1,000,000 Occurrenc Personal and Adve~slng Injury Per Pets= ~ETRO DATE $1,000,000 Orgenizat Other FIRE LEGAL $50,000 Other MED PAY $5,000 Each Accident Single AUTOMOBILE $1,000,000 B I and P D Combinec LIABILITY [] OWNED 4/6/99 AS2-191-083584'028 Each Pemon [] NON OWNED Each Accident or Occul [] HIRED UMBRELLA EXCESS LIABILITY 4/6/g9 TH1-1gl-083584-078 ~(3Mi~ILpER}ODt JeTS.COMPLETED O p £RATIONG AGCIREGATIE UM~r -- ~DDITtONAL COMMENTS CFFY OF DENTON I$ I.I'STED AS ADDITIONAL INSURED AS RES?ECTS OENEEAL & AUTO LIABILITY ~1 the certificate expiration date le continuous or extended mm you will be not -OHIO ANY PER ON WHO WITH INTENT TO OEFRAUD OR KNOWING THAT RE IS FACILITATING A FRAUD AGAINST AN INSURER SUBMITS SPECIAL NOTICE STATEMENT IS GU LTY OF iNSURANCE FRAUO NOTICE OF CANCELLATION (NOTAPPUCASLEUNLESeANUMBEROFDAYSISEN~EREOBELOW) EEFORE Liberty Mutual Group MICHELLE BURNER c~nl~ CITY OF DENTON AUTHORiZeD REPRESENTATIVE ~LOE~ 215 E McKINNEY DENTON, TX '76201 IRVING, TX DL (972) 550 7899 4/6/98 ~__ ~ OmCE FHONE NUME~n OAT~ ~SSUEO CHANGE ORDER / CONTRACT REVISION CITY OF DENTON, TEXAS OV~NER DISTRIBUTED TO, OWNER / / CONTRACTOR / / BID # 2207 P O # 86088 CHANGE ORDER # 1 PROJECT F)~.mnhl~nn C.l~nrm_~ 6g/g Date 6-23-98 CONTRACTOR Telcom of Texas Inc Contract Date June 21, 1998 500 E Houston Shermtln. TX 75090 THIS CHANGE ORDER/REVISION MAKES THE FOLLOWING CHANGES 1N THIS CONTRACT Delete the demoht~on and clearing at 1) 519 Rose 2) 512 Ruth THE ORIGINAL (CONTACT SUM) $ 16,670 00 NET CHANGE BY PREVIOUSLY AUTHORIZE CHANGE ORDERS $ -0- THE (CONTKACT SUM) PRIOR TO THIS CHANGE ORDER $ ! 6,670.00 THE (CONrRACT SUM) WILL BE (DECREASED) BY THIS CHANGE ORDER $ 6~150 00 THE NEW (CONTRACT SUM) INCLUDING THIS CHANGE ORDER "NOT TO EXCEED" $ 10,540.00 THE CONTRACT TIME WILL BE (INCREASED) BY 0 THE DATE OF SUBSTANTIAL COMPLETION AS OF THE DATE SIGNATURE SIGNATURE (~ PRINT NAME AND TITLE DATE DATE