1994-042AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD
OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City has solicited, received and tabulated
competitive bids for the construction of public works or
improvements in accordance with the procedures of state law and
City ordinances; and
WHEREAS, the City Manager or a designated employee has
received and recommended that the herein described bids are the
lowest responsible bids for the construction of the public works or
improvements described in the bid invitation, bid proposals and
plans and specifications therein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the following competitive bids for the
construction of public works or improvements, as described in the
"Bid Invitations", "Bid Proposals" or plans and specifications on
file in the Office of the City's Purchasing Agent filed according
to the bid number assigned hereto, are hereby accepted and approved
as being the lowest responsible bids:
BID NUMBER CONTRACTOR AMOUNT
1594 BILLY REDMON $24,000.00
SECTION II. That the acceptance and approval of the above
competitive bids shall not constitute a contract between the City
and the person submitting the bid for construction of such public
works or improvements herein accepted and approved, until such
person shall comply with all requirements specified in the Notice
to Bidders including the timely execution of a written contract and
furnishing of performance and payment bonds, and insurance certif-
icate after notification of the award of the bid.
SECTION III. That the City Manager is hereby authorized to
execute all necessary written contracts for the performance of the
construction of the public works or improvements in accordance with
the bids accepted and approved herein, provided that such contracts
are made in accordance with the Notice to Bidders and Bid
Proposals, and documents relating thereto specifying the terms,
conditions, plans and specifications, standards, quantities and
specified sums contained therein.
SECTION IV. That upon acceptance and approval of the above
competitive bids and the execution of contracts for the public
works and improvements as authorized herein, the City Council here-
by authorizes the expenditure of funds in the manner and in the
amount as specified in such approved bids and authorized contracts
executed pursuant thereto.
SECTION V. That this ordinance shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the~^~day of~''7~ ,1994.
BOB CASTLEBERRY, M~~
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
DATE: MARCH 22, 1994
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: BID # 1594 - DEMOLITION # 22
RECOMMENDATION: We recommend this bid be awarded to the lowest bidder, Billy
Redmon in the total amount of $24,000.00.
SLrI~IARY: This bid is for the Demolition and Clearing of six sites. Three sites are
structures and three are Egret Nesting sites. The structures are located at 926
Myrtle Street, 710 Lakey, and 602 Morse. The nesting sites are in the general area
of Kerley, Duncan and Smith Streets.
Each site has been well marked as to what is to be removed and as to what trees must
remain undisturbed.
BACKGROUND: Tabulation Sheet.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Community Development
Department and Citizens of Denton.
FISCAL IMPACT: Funds for this project will come from Community Development
Block Grant account number 219-058-CD87-8502.
~C ]i~oSypectfully'sBbmitted :, ty Manager
Approved:
Name: To~D. Shaw~ C.P.M.
Title: Purchasing Agent
471. A~ENDA
CONTRACT AGREEMENT
STATE OF TEXA~ )( ·
COUNTY OF DENTON )(
THIS AGREEMENT, made and entered into this 22 day of MARC~
A.D., 19 94, by and between TN 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 BILLY REDMON.
of the City of DENTON , 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 bearing even date herewith, CONTRACTOR
hereby agrees with OWNER to commence and complete performance of the work
specified below:
BID # 1594 - DEMOLITION %22 in the amount of ~4~000.00
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, blueprints, and
0114s
CA-1
other drawings and printed or written explanatory matter thereof, and the
Specifications therefore, as prepared by COMMUNITY DEVELOPMENT STAFF
, 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.
Ol14s
CA-2
IN WITNESS WHEREOF, the parties of these presents have executed this
agreement in the year and day first above written.
ATTEST:
CITY
(SEAL)
~ENTON ~
ATTEST:
__ BILLY REDMON
CONTRACTOR
(sEm.)
0114s
CA-3
CITY OF DENTON
INSURANCE REQUIRE~m. NTS 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 endorse-
ments 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.
Ail insurance policies proposed or obtained in satisfaction of
these requirements shall comply with the following general
specifications, and shall be maintained in compliance with these
general specifications throughout the duration of the Contract, or
longer, if so noted:
Each policy shall be issued by a company authorized to do
business in the State of Texas with an A.M. Best Company
rating of at least a
Any deductibles or self-insured retentions shall be
declared in the bid proposal. If requested by the City,
the insurer shall reduce or eliminate such deductibles or
self-insured retentions with respect to the City, its
Revised 02/05/93
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.
Ail 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.
Revised 02/05/93
Insurance Requirements
Page 3
SPECIFIC ADDITIONAL INSURANCE REOUIREMENTS:
Ail 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 lonper~ if so noted:
Ix] A. ~eneral Liability Insurance:
General Liability insurance with combined single limits of
not less than $500.000.00 shall be provided and
maintained by the contractor. The policy shall be written
on an occurrence basis either in a single policy or in a
combination of underlying and umbrella or excess policies.
If the Commercial General Liability form (ISO Form CG 0001
current edition) is used:
Coverage A shall include premises, operations,
products, and completed operations, independent
contractors, contractual liability covering this
contract and broad form property damage coverages.
· 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.
[x] Automobile Liability Insurance:
Comprehensive or Business Automobile Liability insurance shall
be provided by the Contractor with limits of not less than _
$500,000.00 per occurrence either in a single policy or in a
combination of underlying and umbrella or excess policies.
Revised 02/05/93
Insurance Requirements
Page 4
The policy will include .bodily injury and property damage
liability arising out of the operation and maintenance of all
automobiles and mobile equipment used in conjunction with this
contract including owned, scheduled, hired, and non-owned
vehicles and employee non-owned use. Scheduled automobiles
will be listed in the Description or Remarks section of the
Certificate of Insurance. (ISO Form CA 0001 Current Edition)
Ix] Workers Compensation Insurance
Contractor shall purchase and maintain Worker's Compensation
insurance which, in addition to meeting the minimum statutory
requirements for issuance of such insurance, has Employer's
Liability limits of at least $100,000 for each accident,
$100,000 per each employee, and a $500,000 policy limit for
occupational disease. The City need not be named as an
"Additional Insured" but the insurer shall agree to waive all
rights of subrogation against the City, its officials, agents,
employees and volunteers for any work performed for the City
by the Named Insured.
[ ] 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 Damaqe Leqal 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.
Revised 02/05/93
Insurance Requirements
Page 5
[ ] 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.
[ ] 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.
AFFO00ED
Revised 02/05/93
BID NUMBER 1594 BID PROPOSALS Page 2 of ;
City of Denton, Texas 901-B Texas St.
Purchasing Depedment Denton, Texas 76201
ITEM DESCRIPTION QUAN. PRICE
1. 926 MYRTLE STRIfJ~Z' EAST HALF OY LOT ~6/BLO(IK 316
a. Remove burned structure ............................. $
b. Remove any concrete, all trash, debris, dead trees,
shrubs and brush from the site ...................... $
c. Grade lot smooth for mowing ......................... $
2. 710 LAtex STRF_~'J.' LO~ ~2/BLOCK 268
a. Remove burned out structure ......................... $ ~
b. R~move all concrete, trash, debris, shrubs, dead
trees and brush ............... $
c. Grade lot smooth for mowing ......................... $
3. 602 MO~SE STRatA', NORTHWEST CORNER OF LOT %l/BLOCK 237
a. Rm~ove structure ................................... I ~-~
b. Remove all concrete, trash, shrnbs, bushes and
debris from the site ...............................
c. Grade lot smooth mowing ............................
4. EGRET NESTING AREA "A", AS PLA~A'~D ON ATTACHMENT
Remove all ,remarked trees, all debris and underbrush,
remove vine overgrowth and grade lots to a mowable level $
5. EGI~ET NESTING AREA "B", AS PLA'Z~Z'~U AS ATTAc~ENT
Remove all u~ma~ked trees, all debris and underbrush,
remove vine overgrowth and grade lots to a mowable level $
6. EGRET NESTING AREA "C", AS PLA'l-tm0 ON ATTACHMENT ~1
Remove all .nmarked trees, all debris and underbrush,
r~-move vine overgrowth and grade lots to a mowable level $__
NOTE: PLEASE BID EACH 1T~ ABO~ S~A~AT~LY.
CO~UNITY DE%~LOPMENT OFFICE RESERVES T~ RIGHT TO
REMOVE ANY OF T~ ABOVE P~OJECTS F~0M '£~ BID UP
TO T~ TIME IN WHICH T~ D~OLITION WOrK BEGINS.
We quote the above f.o.b, delivered to Denton, Texas. Shipment can be made in L~L,-' days from receipt of order. Terms netl30
unless otherwise Indicated.
In submitting the above bid, the vendor agrees that acceptance of any or all bid items by the City of Denton, Texas within a
reasonable period of time constitues a contract, The completed Bid Proposal must be properly priced, signed and returned.
Mailing Address
City State Zip
Telephone
Bidder
Signature
February 17, 1993
Billy Redmon
1125 Morse
Denton, Tx 76201
Dear Mr. Redmon,
The following are the quotes you requested for demolition of
private dwellings:
General Liability
Company - Scottsdale Insurance Company
Limits - $500,000 Combined Single Limit
Deductible $500 Bodily Injury & Property Damage
Exclusions - Over Three Stories Ball & Chain
Annual Premium - $1143.96
Workers Compensation
Company - The Fund
Limits - $100,000 (Mandatory Limits)
Annual Premium - $1343.00
Please call if you have any questions.
Sin~,erely,
Linda Reed
Denton Ins.
JMW:nw
Center, Inc.
-, ~", ~' , ~ ~-~' ,,';; ,3 ,.'r,'
,,~ 1~:. ,,..~2,? iL~'- x. ~ x~' l~ ~ /' J'T'~' .~
·
601 SUNSET · RO. DRAWER C · DENTON, TEXAS 76202 · PHONE: 387-9501 · FAX 817-382-3606
909£ ~8£ ~8
April 4, 1994
6S:60 ~6, ~
City of Denton
ATTN: Tom Shaw
~: Billy RaY Redmon Insurance Package
Dear Sir;
This is to advise that Mr. Billy Ray Re,on has bound General
Liability coverage in the amount of $500,000 with $cottsdale
Insurance Company under policy number CLS191927 effe=tive 4/4/93.
This is to further advise that Mr. Redmon has applied for
Workmans Compensation insurance through Texas Insurance Fund.
As explained previously, it takes anywhere from 15 to 30 days to
get full binding An regards to workmans compensation coverage
through the Fund. The process has been started in his behalf.
The city will be notified by certificate as soon as we have
confirmation of coverage. Should you have further questions
regarding this account, please feel free to give us a call at
the Denton Insurance Center, Inc.
Sincerely yours,
Jim Watson
Denton Insurance Center, Inc.
'~ '601 SUNSET., RD, DRAWER C · DENTON, TEXAS 762021. PHONE: 387-9501. FAX 817-382-3606
~'d 909£ E8£ 6T8 ~BINB3 33N~NSN] N01NBO 6S:0T
6S:60 P6~ ~ ~d~
._'-~_u.?rFi'_~ATK OF XNSUR,%NCE:
PO Dra~F C
Denton; TX
76202
~moa~817-387-9501
CSR LL 04/04/94
......... %'6 keiZ% ........
Billy. Ray Redmon
1125 ~[orse
Denton TX
76201
tXlc<~tcm,~=m~ CLS191927 04/04/94
AUTOMOBILE LIAB
000
WORKERS' COMP
AND
EMPLOYERS ' LZAB
DE~0LZTZON OF DNELLZNGS, NO~ OVB:R 3 8TORY, NO BALL