Loading...
1995-195AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of state law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefore; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" attached hereto, are hereby accepted and approved as being the lowest responsible bids for such items: BID ITEM NUMBER NO VENDOR AMOUNT 1800 ALL PSI $ 29,919.00 PAVEMENT SPECIALIST, INC. SECTION II. That by the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. SECTION III. That should the City and persons submitting approved and accepted items and of the submitted bids wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto; provided that the written contract is in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents herein approved and accepted. SECTION IV. That by the acceptance and approval of the above numbered items of the submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein. SECTION V. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this~~ day of ~ , 1995. BOB ~~ ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY DATE: OCTOBER 3, 1995 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID # 1800 - CRACK SEALING PROGRAM RECOMMENDATION: We recommend this bid be awarded to the low bidder, PSI (Pavement Specialists Inc. ), at an estimated total of $29,919.00. S~RY: This bid is for an annual contract for all labor, materials, and barricade necessary in preforming crack sealing. This sealing will be preformed in several arterial and residential streets through-out Denton, approximately 54,370 liner feet. The material used in sealing street cracks is made using recycled tires. This rubberized material is resilient and waterproof, which extends the life expectancy of streets. Two bid proposals were received in response to nine bid package mailed to vendors. BACKGROUND: Tabulation Sheet, Memorandum from Jerry Clark dated 9-14-95. PROGRAMS ~ DEPARTMENTS OR GROUPS AFFECTED: Street Department, Citizens in the area. FISCAL IbIPACT: Funds for this project are available from budgeted funds for 96 Street Maintenance Account # 100-020-003-8303. City Manager Prepared by: Name: Denise Harpool Title: Senior Buyer Approved: Name: Tom D. Shaw, C.P.M. Title: Purchasing Agent 642 .A(~ENDA MEMO To: Tom Shaw, Purchasing Agent From: Jerry Clark, P.E.~-t__ Subject: Bid #1800, Crack Sealing Program Date: September 14, 1995 The low bidder on the project was PSI ( Pavement Specialists Incorporated) with a bid of $24, This will be the first time PSI has bid a project in the City of Denton. That is primarily because the crack sealing program is only 3 years old approximately. We checked several references on PSI including several Cities and the Texas Department of Highways. All references gave positive reports including good quality work and being reasonable to work with. We recommend that PSI be awarded this bid. Their price is significantly lower than the low bidder from last year who was almost double PSI's price this year. The crack sealing program uses recycled tires to rubberize the material. This additive makes the material more resilient to car impacts and more resistant to water. Keeping water out of the subgrade allows our roads to emend their life cycle significantly. The process is uses on new or recently repaved roads to keep the surface impervious to water. Roads that have major cracking and failures are repaved or reconstructed. CONTRACT AGREEMENT STATE OF TEXAS COUNTY OF DENTON § THIS AGREEMENT, made and entered into this 3 day of OCTOBER A.D., 19 95 , by and between TU~ CITY OF DENTON of the County of DENTON and State of Texas, acting through LLOYD V. HARRELL thereunto duly authorized so to do, hereinafter termed "OWNER," and PSI (PAVI94ENTSPECIALISTS INC.) 265 lqA_-qSI-L~T.T. CPRRK ROAD ROANOKE, TEXAS 76262 of the City of ROANOKE , County of DENTON and State of TEXAS , hereinafter termed "CONTRACTOR." WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by OWNER, and under the conditions expressed in the bonds attached hereto, CONTRACTOR hereby agrees with OWNER to conunence and complete performance of the work specified below: BID #1800 - CRACK SF~%T.T~G PR~ in the amount of . $24,919.00 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 CITY OF DENTON STREET DEPARTMENT all of which are made a part hereof and collectively evidence and constitute the entire contract. Independent Status It is mutually understood and agreed by and between City and Contractor that Contractor is an independent contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas, for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, worker's compensation, or any other city employee benefit. City shall not have supervision and control of Contractor or any employee of Contractor, and it is expressly understood that Contractor shall perform the services hereunder according to the attached specifications at the general direction of the city Manager of the City of Denton, Texas, or his designee under this agreement. Indemnification Contractor shall and does hereby agree to indemnify and hold harmless the City of Denton from any and all damages, loss, or liability of any kind whatsoever, by reason of injury to property or third persons occasioned by any error, omission or negligent act of Contractor, its officers, agents, employees, invitees, and other persons for whom it is legally liable, with regard to the performance of this Agreement, and Contractor will, at its cost and expense, defend and protect the City of Denton against any and all such claims and demands. Choice of Law and Venue This agreement shall be governed by the law of the State of Texas and venue for its construction and enforcement shall lie in the courts of Denton County, Texas. The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in written notice to commence work and complete all work within the 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. ATTEST: (SEAL) AT,ST: PSI (PAVEMENT SPECIALISTS INC.) CONTRACTOR RO~OKE, TE~S 76262 MAILING ~DRESS AC 817 491-9665 PHONE NUMBER 49 -9777 FAXN~BER I) R.J. ~ING PRINTED NAME APPROVED AS TO FORM: (SEAL) HERBERT L. PROUTY Cit~ttorney AAA0184D Rev. 07/28/94 CA - 3 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 Iow 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 insuranbe 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 selfqnsured retentions with respect to the City, its AFFOOBAI REVISED 10/12194 Insurance Requirements Page 2 officials, agents, employees and volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. ® Liability policies shall be endorsed to provide the following: ®® Name as additional insured the City of Denton, its Officials, Agents, Employees and volunteers. · · That such insurance is primary to any other insurance available to the additional insured with respect to claims covered under the policy and that this insurance applies separately to each insured against whom claim is made or suit is brought. The inclusion of more than one insured shall not operate to increase the insurer's limit of liability. · All policies shall be endorsed to provide thirty(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. AFFOOBA1 REVISED 10112194 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 Insurance: General Liability insurance with combined single limits of not less than __ $:~, 000 ~ 000. OOshall 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:~O001 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. AFFOOBAI REVISED 10/12194 Insurance Requirements Page 4 Automobile Liability Insurance: Contractor shall provide Commercial Auton~o. bi[e~l_ia~b~i~ty.~insurance with Combined Single Limits (CSL) of not less tharfl, uuu, uuu. u~ither 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 AFFOOBAI REVISED 10/12194 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 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 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 their interests may appear. [ ] 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. AFFOOBAI REVISED 10112/94 Insurance Requirements Page 6 ATTACHMENT I 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 beginnihg 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. AFFOOBAI REVISED 10/12/94 Insurance Requirements Page 7 C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The contractor shall obtain from each person.providing services on a project, and provide to the governmental entity: (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing ,,services on the project; and (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. AFF00BAI REVISED 10112194 Insurance Requirements Page 8 I. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011 (44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage~'if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain from each other person with whom it contracts, and provide to the contractor: (a) a certificate of coverage, prior to the other person beginning work on the project; and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and AFF00BAI REVISED 10/12/94 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. AFFOOBAI REVISED 10/12/94 Certificate of Insurance '1 I lift t I I/1 Il I( ATE IS ISSUED AS A MATFER OF INFORMATION ONLY AND CONFERS NO RIGIt'I S U PON YOU TI I1: CI:I~TIHCA'FE t tOIA)ER. II IlS ('I R'I IFI( A I'1 IS ANINSLRANCEI'OI,ICYANDDOESNO'IAMENI) FXIEND, ORALTERT]FCOVE{AGEA;FO'~):) Y ~O C fil S'I'kl) BELOW This is to Ce~ify that LIBER ~ Pavement Specialists, Inc. [ Name and M~Ua P.O. Box 349 { address of Napoleon, OH ~545 Insured. Is, at the issue date of ~is ~te, insured by the ~mp~y under ~e policgOes) li~ed below. ~o [nsur~ce afforded bF ~e tisted policy(les) is sub cci to all ~eir te~s, exclusions a~ condlfions ~d is not aRored by any requkemenI, te~ or ~i~on of ~g contract or o~er d~ument ~ r~p~t to which ~is ce~fimte mag ~P. DA~ * ~ CO~INUOUS TYPE OF POLICY ~ E~ENDED POLICY NUMBER LIMIT OF LIABILITY ~ POLICY TERM we R K E R S COVERAGE AFFORDED UNDER WC EMPLOYERS LIABILITY ~W OF THE FOLLOWING STATES: C O M P E N S ATI O N B~ilv I niuw BV A~ident All States Coverage Excluding Each 4/1/96 WC7-181-022871-025 $500,000 AK, ME, NV, OH, RI, WA, ~, Accident ~ ~ily Inju~ By Disease $500,000 Policy Limit B~ily Inju~ By Disease :$500,000 Each Person GENERAL Gene~ Aggregate - ~er ~ Pr~uc~Complet~ Operations LIABILITY $2,000,000 ~ OCCURRENCE P~u~plet~ Opem~ons Aggregate 4/1/96 TB2-181-022871-135 $1,000,000 ~ C~IMS MADE B~ilv Iniu~ ~d Pr~e~ D~a~e U~il~ Per $1,000,000 Occurrence Pemon~ ~d Adve~sing Inju~ Per PersoW RETRO DATE $1,000,000 Organization O~er $50,000 ~m Legal UabiliN O~er $5,000paymentsMedical AUTOMOBILE Each Accident- Single Limit LIABILITY $1,000,000 B.L ~d P.D. ~mbin~ ~ OWNED Ea~ Pe~n 4/1/96 AS2-181-0022871-155 ~ NON-OWN E D Each Accident or O~uffence ~ HIRED Each Accident or O~uffence OTHER ADDITIONAL COMMENTS REF: PR~E~ - BID NO. 1800 C~CK SEALING PR~ - D~N, TX. ADDITIONAL INS~D: CI~ OF D~, ITS OFFICIALS, AGE~S, ~LOYEES & VOL~EE~ If the ceflificate e~iration date is continuous or e~ended term, you will be notified if coverage is terminated or reduced before the ce~ificale expiration date. SPECIAL NOTICE-OHIO: ANY PERSON WHO. WI~ INTENT TO DEFRAUD OR KNOWING THAT HE IS FACILITATING A FRAUD AGAINST AN INSURER. SUBMITS[ Jbor~y M ~ APPLICATION OR FILES A C~M CONTAINING A FALSE OR DECEPTIVE STATEMENT IS GUIL~ OF INSUR~CE FRAUD. NOTICE OF CANCEL~ON: (NOT APPUCABLE UNLESS A NUMBER OF DAYS IS ENTERED BELOW.) BEFORE THE STATED EXPIRATION DATE THE COMPANY WILL NOT C~CEL OR REDUCE THE INSU~NCE AFFORDED UNDER THE ABOVE POLICIES UN~L AT ~AST ~ DAYS 1 ' CITI OF DEaN kemp. Murray CE~Fm~ 901-B TE~S STRE~ AUTHORIZED REPRESENTATIVE H0~ER DENTON, TE~ 7~201 Cleveland, OH (216) 871-5300 I -J ...... OFFI6~ ..... PHONE NfiU~