1994-157 e:\wpdocs\ord\157475.o
AN 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
1653 ALL NORTH PACIFIC LUMBER $32,530.00
1655 ALL S.D. MYERS $36,906.95
1658 ALL BCI MECHANICAL $24,825.00
1660 1,3-8, L~KE CITIES EXHIBIT A
1660 11,12 LAKE CITIES EXHIBIT A
1660 2 REDI MIX EXHIBIT A
1660 9,13-18 B & B SAND EXHIBIT A
1660 10 GIFFORD HILL EXHIBIT A
1660 19,20 CHEMICAL LIME EXHIBIT A
1663 ALL TRUMAN ARNOLD COMPANIES $25,587.20
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 ~p~roval.
PASSED AND APPROVED this ~ day of 3~]~~, 1994.
BOB CASTLEBERRY, MA~ ~
ATTE S T:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
EXHIBIT A
ITEM # DESCRIPTION VENDOR PRICE
1. Portland Cement Lake Cities Concrete 4.35 sk
2. Bulk Cement To Plant Redi Mix 65.00 tn
3. Bulk Cement Jobsite Lake Cities 78.00 tn
4. Redi Mix Concrete 5sk Lake Cities 50.00 cy
5. Redi Mix Concrete 1.Ssk Lake Cities 37.75 cy
6. Redi Mix Concrete lsk Lake Cities 36.00 cy
7. Redi Mix Concrete
3000 psi-4.5 Lake Cities 48.25 cy
8. Redi Mix Concrete
3000 psi/ash Lake Cities 48.25 cy
9. Field/Backfill Sand B & B Sand 3.50 cy
10. Pit Sand Gifford-Hill 9.40 tn
11. Manufactured Sand Lake Cities 8.08 tn
12. Concrete Aggregate3/4" Lake Cities 9.83 tn
13. Concrete Aggregate 3/8"down B & B Sand 10.03 tn
14. Flexbase B & B Sand 8.53 tn
15. Crushed Stone B & B Sand 8.58 tn
16. Screened Sand B & B Sand. 4.00 tn
17. Limestone 1 1/2" B & B Sand 10.03 tn
18. Limestone Rip-Rap B & B Sand 10.03 tn
19. Hydrated Lime Chemical Lime .37 cwt
20. Slurry Lime Chemical Lime .425 cwt
BID # 1663
BID NAME GASOLINE & DIESEL TAC
OPEN DATE AUGUST 23, 1994
EXHIBIT B
1. EST ANNUAL AGREEMENT FOR
200,000 GA PURCHASE OF UNLEADED
GASOLINE
DFW O.P.I.S. AVERAGE NET
PRICE WITH SUPERFUND
INCLUDED $ .6569
(+MARKUP)(-MARKDOWN) +.00?9
SELLING PRICE PER GALLON .6648
2. EST ANNUAL AGREEMENT FOR
150,000 GA PURCHASE OF #2 DIESEL
DFW O.P.O.S. AVERAGE NET
PRICE WITH SUPERFUND
INCLUDED $ .5296
(+MARKUP)(-MARKDOWN) +.0109
SELLING PRICE PER GALLON .5405
~c.0625 FOR
BOBTAIL
LOADS<?K
GALLONS
DATE: SEPTEMBER 13, 1994
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: BID # 1658 - ROOF TOP HVAC REPLACEMENT FOR SENIOR CENTER
RECOMMENDATION: We recommend this bid be awarded to the lowest bidder, BCI
Mechanical in the amount of $24,825.00.
SUMMARY: This bid is for the replacement of three (3) heating ventilation and air
conditioning units at the Service Center. These three units are heat pump type,
over ten years old and have exceeded their economical life expectancy. The new
units will be natural gas units and more economical to operate in this particular
application.
BACKGROUND: Tabulation Sheet
PROGRAMS~ DEPARTMENTS OR GROUPS AFFECTED: Park and Recreation
Department, Facilities Management Division Senior Center Operations and
participants.
FISCAL IMPACT: Funds for this HVAC Replacement project will come from
Certificate of Obligation funds sold for capital improvements to buildings and
maintenance of faeilities. Account Number #445-032-BLDG-9226-9101 withabalanee
of $35,000.00.
~K'~sp e ct fully ,st~bmit t e d .~,
City Manage~
Ap]~oved:
Name: Tom'D. Shaw, C.P.M.
Title: Purchasing Agent
519.A~ENDA
DATE: September 13, 1994
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: BID # 1655 - DISPOSAL OF PCB EQUIPMENT & DEBRIS
RECOMMENDATION: We recommend this bid be awarded to the low over all bidder,
S. D. Myers, at an estimated cost of $36,906.95.
SUMMARY: This bid is for the disposal of PCB contaminated transformers,
capacitors, switches, and other debris which have been taken out of service by the
Electric Distribution Division. This vendor has all required certification and has
completed previous PCB contaminated disposal contracts for the City.
Five bid proposals were received in response to eight bid packages mailed to
vendors.
BACKGROUND: Tabulation sheet, Memorandum from Joe Cherri dated 08-17-94.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Electric Distribution
Division, Utility Customers of the City of Denton
FISCAL IMPACT: Budgeted funds for Electric Distribution Maintenance for 1994
Account Number #610-103-1031-5950-8334 with a balance of $825,768.35.
~~L~oSyp ~et/ull~ ~tbmit'~e~
d V. Harrell/
City Manager
Prepared By:
Title: Senior Buyer
Approved: ~
Na~.' Tom I~. Shaw, C.P.M.
Title: Purchasing Agent
517 .Ai~ENDA
ClTYof DENTON MUNICIPAL UTILITIES / 901-ATexasStreet Denton, TX76201
MEMORANDUM
TO: Denise Harpool, Senior Buyer
-3cFROM: Joe Cherri, Electric Engineering Administrator
DATE: August 17, 1994
SUBJECT: BID NUMBER 1655, PCB DISPOSAL
The Utilities Staff recommends acceptance of Bid No. 1655 for the
disposal of PCB equipment, oil, and debris to S.D. Myers at an
estimated cost of $36,906.95. Attached are copies of the PUB
Agenda item and bid evaluation.
cc: Jim Harder, Director of Electric Utilities
Ralph Klinke, Superintendent of Distribution
08174019
ITEM #6
DATE: August 15, 1994
PUBLIC UTILITIES BOARD AGENDA
TO: CHAIRMAN AND MEMBERS OF THE PUBLIC UTILITIES BOARD
FROM: R.E. Nelson, Executive Director of Utilities
SUBJECT~ CONSIDER APPROVAL OF S.D. MYERS FOR DISPOSAL OF PCB
~QUIPMEM~; OIL, AND DEBRIS, BID NO. 1655
RECOMMENDATION
The Utilities staff recommends the approval of S.D. Myers
proposal for BidNo, 1655 at an estimated cost of $36,906.95
SUMF~RY/BACKGROUND
On August 9, 1994, the City received five (5) 'bids for the
disposal of PCB contaminated material. Bids were submitted on
a price per pound basis using the estimated weights provided
by the City for transformers, capacitors, barrels, and debris.
From the evaluations, it was found that S.D. Myers provided
the low bid using the estimated weights. Refer to Exhibit I
~r a breakdo~ of all bids received. Under column,~oil less
nan. 500 ppm, the vendors Rixe.w~. Iron & Metal Co. and
Westinghouse used cost per drum while other vendors used cost
per pound. Westinghouse vendor added transportation cost of
$5,160.00 which included five trips for 344 miles at $3.00 per
mile. S.D. Myers is an EPA certified disposer and previously
was awarded contract for disposal of PCB contaminated
transformer-debris in ~FY92. Transformers and capacitors
disposal will be completed by destruction. Debris will be
sent to a landfill in New York by Chemical-Waste Management.
Oil disposal will be completed by chemical detoxification.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED
The City of Denton Rate Payers, Electric Utilities DeDartment.
Page ~ 2
FISCAL IMPACT
The cost of this contract is approximately $36,906.95. Funds
are available in the capital budget for the fiscal year 1994
1995. '
Respectfully submitted,
R. E. Nelson
Executive Director of Utilities
Prepared by:
Joe Cherri, P.E.
Electric Engineering Administration
Approved by:
Jim Harder,
Director of Electric Utilities
Exhibit I Bid Evaluation
DATE: SEPTEMBER 13, 1994
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: BID # 1653 - WOOD UTILITY POLES
RECOMMENDATION: We recommend this bid be awarded to the Iow bidder, North
Pacific Lumber, in the amount of $32,530.00.
SUMMARY: This bid is for the purchase of copper naphtenate treated wood utility
poles for warehouse inventory. The Electric Distribution Department will use these
poles throughout the City of Denton's system for overhead construction,
maintenance and repair.
There are only two vendors treating poles with cooper naphtenate in the United
States, the City of Denton received a bid from each of them.
BACKGROUND: Tabulation Sheet
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Warehouse, Electric
Distribution, Utility Customers of the City of Denton.
FISCAL IMPACT: Budgeted Warehouse Working Capital for 94 Account # 710-043-
0582-8708 with a balance of $74,970.00.
~ld~/. ~~pectfully mitre :
City Manager
Prepared By:
Name: Denise Harpool \
Title: Senior Buyer
Name: Tom D. Shaw, C.P.M.
Title: Purchasing Agent
DATE: SEPTEMBER 13, 1994
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: BID # 1660 - CEMENT, LIME & AGGREGATE
RECOMMENDATION: We recommend this bid be awarded to the low bidder for each
item as listed:
1. Portland Cement Lake Cities Concrete 4.35 sk
2. Bulk Cement To Plant Redi Mix 65.00 tn
3. Bulk Cement Jobsite Lake Cities 78.00 tn
4. Redi Mix Concrete 5sk Lake Cities 50.00 cy
5. Redi Mix Concrete 1.Ssk Lake Cities 37.75 cy
6. Redi Mix Concrete lsk Lake Cities 36.00 cy
7. Redi Mix Concrete
3000 psi-4.§ Lake Cities 48.25 cy
8. Redi Mix Concrete
3000 psi/ash Lake Cities 48.25 cy
9. Field/Baekfill Sand B & B Sand 3.50 cy
10. Pit Sand Gilford-Hill 9.40 tn
11. Manufactured Sand Lake Cities 8.08 tn
12. Concrete Aggregate 3/4" Lake Cities 9.83 tn
13. Concrete Aggregate 3/8"down B & B Sand 10.03 tn
14. Flexbase B & B Sand 8.53 tn
15. Crushed Stone B & B Sand 8.58 tn
16. Screened Sand B & B Sand 4.00 tn
17. Limestone 1 1/2" B & B Sand 10.03 tn
18. Limestone Rip-Rap B & B Sand 10.03 tn
19. Hydrated Lime Chemical Lime .37 cwt
20. Slurry Lime Chemical Lime .425 cwt
The estimated annual expenditure for these materials is $446,026.00.
SUMMARY: This bid is for an annual contract for cement, premixed concrete
aggregate and lime which will he used by several City of Denton Departments in their
field services. Each item will be ordered as needed in appropriate quantities.
The lower bids on item 11,13,14, 15 and 17 were not acceptable due to the fact that
the vendor bid "all or none". When adding the totals of ali next low bid and Gary
Stevens "all or none" the combined bidders are $5,064.00 lower.
Eight (8) bids were received in response to twenty-one (21) bid packages mailed to
vendors.
BACKGROUND: Tabulation Sheet
CITY coUNCIL REPORT
SEPTEMBER 13, 1994
PAGE 2 OF 2
PROGRAMS, DEPARTMENTSORGROUPSAFFECTED: Cityof Departments, Citizens
and Utility Customers of the City of Denton.
FISCAL IMPACT: Budgeted funds for 1994 for various Departments.
Restfully submitted:
C~ty Manager /
Prepared By:
Title: Senior Buyer
Approved:
Name: -Tom D .' Shaw,C .P.M.
Title: Purchasing Agent
....... A8 NBI~DED ALL OR NONB 1DAY 3 DAY8 2 DAyS ALL ACtORBOATB
DATE: SEPTEMBER 13, 1994
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: BID # 1663 - GASOLINE & DIESEL
RECOMMENDATION: We recommend this bid be awarded to the low bidder, Truman
Arnold Companies, for an estimated annual expenditure of $214,035.00.
S~RY: This bid is for the annual contract to purchase gasoline and diesel
distributed from the City of Denton fuel island to all City Departments. This
contract is awarded for one year with a renewal clause if all conditions remain the
same. Prices are indexed and based on the daily on-line net average Oil Price
Information Service Dallas/Fort Worth market for the day of delivery plus the
company's mark-up.
Six bids were received in response to thirteen bid packages mailed to vendors.
BACKGROUND: Tabulation Sheet
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: All City Vehicles and
Motorized Equipment.
FISCAL IMPACT: Budgeted Funds for Fleet Working Capital for 94-95 Account
Number 710-043-0580-8705.
6~Lloyd V. Harrell
City Manager
Prepared By:
Title: Senior Buyer I
Approved:
Name: To,Il D. Shaw, C.P.M.
Title: Purchasing Agent
STATE OF TEXAS
COUNTY OF DENTON
CONTRACT AGREEMENT
THIS AGREEMENT,
SEPTEMBER
CITY OF DENTON
made and entered into this 13
A.D., 19 94 , .by and between
day of
of the County of DriP, TON
through LLOYD V.
and State of'Texas, acting
thereunto duly authorized so to do, hereinafter termed "OWNER," and
BCIMEC~ANIC2~L, INC.
400EAST OAK STREET
DENTON, TEXAS 76201
of the City of DENTON
, County of n~
and State of
, 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 # 1658 - ~OOF TOP H~AC REPLACE~T FOR SENIOR CENTER
in the amount of $24,825.00 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,rand/O which includes all maps, plats,
NOTE: Ail reference to requirements for payment bonds,
T P~erformance bonds and m%intenance bond~ are'hereby deleted
~om this contract per Tom Shaw, City of Denton P~rchasing.
his deletion is ~i~d on ~he fact that contract is under
~/$25,000.O0. CA - 1
blueprints, and other drawings and printed or written explanatory
matter thereof, and the Specifications the~refore, as prepared by
ALAN F. NELSON ARCHITECT
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 herebyagree 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 da~ first above written.
CITY OF
ATTEST:
BCI MECHANICAL INC.
CONTRACTOR
400 E. Oak Street
Denton, TX 76201
MAILING ADDRESS
(817) 565-1010
PNONENUMBER
(817) 898-1120
&~ranklin W. Cunnlngham
PRINTED NAME
Attorney//~.//~
AAAO184D .'"
Rev. 07/28/94,
(SEAL)
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
endorse-ments 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 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. ·
Ali 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
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.
AFFOO6BA
REVISED 0810~21~3
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: ~,...
[z] A. General Liability Insurance:
General Liability insurance with combined single limits of not less than _
$2,ooo,ooo 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 shalt 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.
AFF0~6HA
REVISED 08102193
Insurance Requirements
Page 4
Automobile Liability Insurance:
Contractor shall provide Commercial Automobile Liability 4nsurance With
Combined. Single Limits (CSL) of not less than ~1,ooo,ooo 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 Ii.ability 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 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 9500,000 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.
\
AFF006BA
REVISED 08102193
Insurance RequiremenTs
Page 5
[ ] 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
with respect to negligent acts, errors or omissions in
professional services is required under this Agreement.
per claim
connection with
[ ] 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.
BID FOR LUMP SUM CONTRACT
BID ITEM NO. 1658
Date: August 25, 1994
Proposalof BCI Mechanical, Inc.
400 E. Oak Stree%, Den%on, TX 76201
(hereinafter called "Bidder"), *a corporation, organized and existing under the laws of the State of
Texas, ~:)~3X)~[~MI~X~ XFJ~KI~If/J{3(~ KCI~ ~[~[~ ..
TO:
CITY OF DENTON
PURCHASING DEPARTMENT
ATTN: TOM SHAW
901-B TEXAS ST.
DENTON, TEXAS 76201
Gentlemen:
The undersigned, in compliance with your invitation for bids for the ROOF TOP H.V.A.C.
REPLACEMENT FOR THE DENTON SENIOR CENTER in Denton, Texas, having examined the
drawings and specifications with related documents and the site of the proposed work, and being
familiar with all of the conditions surrounding the construction of the proposed work, hereby proposes
to furnish all labor, material, equipments, and supplies and to construct the project in accordance with
the Contract Documents, and at the price set forth below. These prices are to cover all expenses
incurred in performing the work required under the Contract Documents of which this proposal is a part.
ADDENDA
The Bidder further agrees, and acknowledges, the following Addenda have been received and that the
entire contents thereof have been incorporated into this Proposal:
No. __, dated No. , dated
No. __, dated No. , dated
BID ITEM NO. 1
Bidder agrees to perform all of the work described in the specifications and shown on the drawings for
the sumof Twenty-four t;housand eight hundred t'~enty-five dollars
and no/100 .... ($. 24,825.00 ~).**
** Amount shall be shown in both words and figures. In case of discrepancy, the amount shown in
words will govern.
8-94 RROPOSAL FORM - 1 SENIOR-AC
TIME FOR COMPLETION OR LIQUIDATED DAMAGES
The undersigned agrees to complete all of the work required in the 6 (six) Bid Items ready for the
owner's acceptance, within 100 calendar days after Notice To Proceed with the work
is given by the Owner, fully realizing that the Contract will carry liquidated damage provisions.
STATE SALES TAX
It is understood that this project is exempt from the State Sales Tax and the proposal amounts quoted
herein do no~t include State of Texas Sales Tax.
The undersigned Bidder further agrees to the following conditions:
I. An incomplete Proposal or one having additional information or other modifications inscribed
thereon, may be cause for rejection of the entire Proposal.
That, if accepted by the Owner, this Proposal becomes a part of the Contract Documents upon
the signing of the Contract Agreement, and failing to comply with any part of this Proposal will
be taken as failure for the Bidder to comply with the Contract Documents and will be just cause
for rejection of the work.
3. That the Owner reserves the right to reject any or all bids and waive informalities and
irregularities or to accept any bid considered advantageous to him.
4. That he, the Bidder, will not withdraw this Proposal for a period of sixty (60) days from the date
hereof.
Respectfully submitted,
BCI Mechanical, Inc.
Bidder
400 East Oak Street
Denton, TX 76201
Title
August 25, 1994
Date
8-94 PROPOSAL FORM - 2 SENIOR-AC
TI418 CERTIRCAll; I~ ISSUED AS A MATTER OF INFORMATION ONLY AND
;. o. BOX 516305
DaXXas ~X 75251
~elok, ~uoke~ &~night Xns.
214-233-9855
CONFERS NO RIGHT8 UPON THE CERTIRCATE HOLDER. THIS CB~I1FICATE
DOE~ NOT AMEND. EXI~ND OR ALI~R 11.1E COVERAOE AIT-ORDED BY THE
POLICIES BELOW.
COMPANIES AFFORDING COVERAGE
L~m A ~=ioan Casualt~ Co.
COMPANY
"~ ..................................................................... L~,,t~ B Contlnent&l C&sua~
BCx He~a=:Leal, Xne. u:,;w D Transcontinental Xns. C--~,a=~·
400 E~lt Oak St.
Den~o~ ~ 76201 ~Tm E
Al · :: comdmc~emmALuAmLrrY iA706624972
:::::::::::::::::::::::::: CraMS ~"~::i Jill:: oc~,~
:BU~906624971
09/01/94
09/01/94 09/01/95
UM[T8
: UMn t 500,000
EACH OCCUI~¢E * 1.,000,000
AGGP, EG~'TE * 1,000,000
UMmaLL~ mP, U 115066247973 09/01/94 09/01/95
OTHER THAH UMBRB. LA FORM
womcm'l couPUmA'nm( 1~C0066'14970 09/01/94 09/01/95 ! Y
: ~CHACC~[~T * 500,000
AND i ~s~ss- Poucv Lt~. · t 500,0O0
mPtoYawuamuT'Y :N'C006634970 . 09/01/94 09/01/95 :.-'[~,~,~'~;t~-!';'i~)b';'6~O ........
SEP 28 '94 10:5B OAZ FAX Nanager PAGE.002
CONTRACT FOR
HAZARDOUS WASTE MANAGEMENT
The City of Denton, Texas, a Texas municipal corporation, (the
City) and S.D. ~.-SINC. , a
(dontractor) enter into this contract to provide
for waste management the transportation and disposal of hazardous
waste and agree as follows:
1. Definitions:
(a) Delivery Site means the City's pole yard located at
1701 Spencer Road in the City of Denton, Texas, being the site
at which the city will deliver hazardous waste to Contractor
for transportation and disposal.
(b) Hazardous Waste Management Services'or Services means the
pickup, transportation, and disposal of hazardous Waste to be
provided by Contractor under this Contract.
(c) Hazardous Waste or Waste means those substances designated
by the City for which Contractor is to provide hazardous waste
management services.
2. Services. Contractor shall provide hazardous waste man-
agement services for the city according to the provisions of this
Contract.
3. Scheduling. Contractor shall remove hazardous waste from
the delivery site within thirty days of the date it receives writ-
ten notice by the City that hazardous wastes are ready for removal
at the delivery site.
4. Waste Characterization. The City shall inform Contractor
of the chemical, physical, and hazardous characteristics of any
waste to be removed from the delivery site prior to delivery to
Contractor, except where Contractor characterizes the hazardous
waste based upon analysis of samples provided by the City. Con-
tractor may, prior to possession, reject waste that does not
materially conform to the characterization or sample provided to
Contractor by the City. If Contractor refuses to accept delivery
of any waste from the city, it shall give the city written notice
why the waste is non-conforming within ten (10) business days of
the date it is rejected. Title and responsibility for nonconform-
ing waste shall remain with the city until city and Contractor'
agree upon appropriate management of the non-conforming waste by
Contractor. Until such time, Contractor shall be responsible for
negligent or intentional acts of its agents, officers or employees
with respect to the non-conforming wastes.
5. ComDensation. The city shall compensate Contractor for
services provided in the schedule of rates shown in Exhibit A,
attached to and incorporated into this Contract by reference. The
City shall pay or reimburse Contractor for all state and local
sales, use or excise taxes of any kind assessed on the services
provided under this Contact. The City shall provide Contractor a
certificate of tax e~mption for use by Contractor. The City Shall
pay for services as follows: (a) 90% of the total fee within thirty
(30) days of receipt of the shipping manifests; (b) the remaining
10% of the total fee within thirty (30) days of receipt of the Cer-
tificates of Destruction.
If Contractor is delayed for more than two hours from receiv-
ing the hazardous waste after arriving at the delivery site due to
the City's action or inaction, Contractor shall be entitled to a
standby charge of $1.00 per minute. Standby charges shall not be
assessed for the first two hours nor for the time during which the
city is ready and willing to make delivery of the hazardous waste
to Contractor.
6. Term. This Contract shall become effective on the date
hereof and shall continue in effect until SEPT]~BER30 , 1995--,
unless terminated earlier in accordance with this Contract.
7. City Warranty. The City represents and warrants to Con-
tractor that:
a. any waste samples it provides to Contractor shall be
representative of the particular waste streams sampled;
b. any waste characterization it provides shall be true and
correct;
c. the City holds clear title to all waste
hereunder or is authorized by the owner of
arrange for management thereof;
to be manage~iJ
said waste to
d. if waste is PCB-contaminated oil to be chemically detoxi-
lied, the oil:
1) is mineral oil dielectric fluid (transformer oil);
2) contains no more than 5,000 ppm PCBs unless
specifically noted otherwise; and
3) contains no constituents regulated as hazardous waste
under the Resource Conservation and Recovery Act or asso-
ciated EPA regulations;
e. the City is not currently under legal restraint or order
that would prohibit transfer of possession or title to waste
Page 2
to .Contractor for transportation, storage, treatment or
disposal;
f. the city will comply with all governmental laws, regula-
tions, and orders respecting the handling, storage, and
packaging of thy. waste to be managed by Contractor; and
g. the City shall provide appropriate access to the work
site. In this context, "appropriate access" means sufficient
proximity, manpower, and equipment to enable the safe loading
of Contractor's truck in a timely fashion.
The parties agree that Contractor's sole remedy for breach of
this warranty shall be the standby charges provided for in
this Contract.
8. Contractor's Warranty. Contractor represents and warrants
to the City that:
a. Contractor understands the risks presented to persons,
property, and the environment in the handling, transportation,
storage, treatment and disposal of wastes to be managed
pursuant to this Contract;
b. Contractor is qualified to perform the services hereunder
and will do so in a safe and workmanlike manner and in
compliance with all governmental laws, regulations, and
orders; and
c. Contractor ha? and yill maintai~ {or the life of this
Contract all permits, licenses, certificates, and approvals
necessary for the performance of services hereunder.
d. That'Contractor will properly Package, label and mark ali
applicable wastes under this contract in accordance with all
applicable governmental laws, regulations and orders.
9. Indemnification.
a. Contractor shall indemnify and save the city, its
officers, employees, and agents, harmless from and against any
expense, loss or liability caused by or resulting from the
failure of Contractor to fully comply with applicable federal,
state or local laws, statutes, regulations, or governmental
directives which regulate the handling, transportation,
storage, or disposal of the waste subject to this Contract and
from any and all claims, suits and liability for loss of or
damage to any tangible property or persons (including death)
caused by Contractor during the handling, collection,
transportation, storage, or disposal of the waste subject to
this Contract. Contractor shall not indemnify'the City against any
expense loss or liability caused by or resulting from the sole negligence
of the City.
Page 3
b. Contractor shall not be liable for loss of profits or
revenue, claims of customers of City, loss of use of equip-
ment, or cost of purchase or replacement power.
10. Transfer of Title and Responsibility. When Contractor has
received waste from ~the City at the delivery site, the title,
responsibility, and ~isk of loss for the waste shall pass from the
City to Contractor, when Contractor has departed the property
designated as the delivery site under this Contract, and Contractor
shall defend, indemnify and hold the City harmless for any sub-
sequent damage, expense, loss, fines, or other liability connected
with the transportation or disposal of the hazardous waste.
11. Insurance. Before performing any services hereunder, Con-
tractor shall obtain and maintain for the duration of this
contract, at its own expense, insurance in the following minimum
amounts:
Coverage Limits
a. Worker's Compensation
Statutory
b. Employer's Liability
$1,000,000 per occurrence
Ce
Commercial General Liability
(bodily injury and
property damage)
$1,000,000 combined
single limit
d. Excess Liability
$4,000,000 per occurrence
and aggregate
Automobile Liability
(bodily injury and
property damage)
$1,000,000 combined
single limit
Environmental Impairment
Liability (including
sudden & accidental and
non-sudden & gradual)
$3,000,00 per occurrence
$6,000,000 aggregate
General Liability and Automobile Liability insurance shall name
City of Denton as an additional insured. Each policy or certifi-
cate evidencing the insurance shall contain an endorsement which
provides that the insurance company will notify Contractor and the
City at. least 30 days prior to effective date of any cancellation
or termination of the policy of certificate or any modification of
the policy which adversely affects the interest of the City of
Denton in the insurance. The notice shall be sent by registered
mail and shall identify this Agreement, the policy and the insured.
Contractor shall furnish the City with evidence that required in-
surance coverage has been obtained prior to providing any service.
Page 4
12. Force Majeure. Delay or failure of either party in the
performance of its obligations hereunder shall be excused if caused
by circumstances beyond the control of the party affected, in-
cluding, without limitation, acts of God, strikes, fire, flood,
windstorm, action or request of governmental authority, and in-
ability to obtain material, equipment, or services, provided that
a prompt notice of such delay or failure is given and the affected
party diligently attempts to remove the cause.
13. Independent Contractor. Contractor is and shall perform
this Contract as an independent contractor and shall have and main-
tain exclusive control and direction over all of its employees,
agents, and operations. Neither Contractor nor anyone employed by
Contractor shall be, act, purport to act, or be deemed to be the
City's agent, representative, employee, or servant. Contractor
assumes full and exclusive responsibility for the payment of all
premiums, contributions, payroll taxes, and other taxes now or
hereafter required by any law or regulation as to all personnel en-
gaged in the performance of this Contract by Contractor.
14. Cancellation. Either party may cancel this Contract im-
mediately upon notice to the other party, and without incurring any
liability to that party if such other party
a. violates any provisions of this Contract;
b. has been adjudicated bankrupt;
c. has filed a voluntary petition in bankruptcy;
d. has made an assignment for the benefit of creditors; or
e. has had a trustee or receiver appointed for it.
15. Non-waiver. The waiver by one party of any breach or
default hereunder by the other party shall not operate or be con-
strued as a waiver by that party of any other or subsequent breach
or default.
16. Assignment. Contractor may, upon written consent of City
assign the performance of services under this contract. Contractor
may not, without the prior written consent of the City, cause the
disposal of waste materials at any facility other than that speci-
fied in Contractor's bid. Any such assignment or delegation, shall
not operate to relieve Contractor of its responsibilities hereun-
der, and notwithstanding any such assignment or delegation, Con-
tractor shall remain obligated to the city in these undertakings.
17. Applicable Law. This Contract shall be governed by the
laws of the State of Texas. Venue for any lawsuit involving this
Contract shall be in Denton County, Texas.
Page 5
18. Severabilitv. If any provision of this Contract is found
to be illegal, invalid, or unenforceable, the findings shall not
affect the other provisions of this Contract.
19. Entire Aqreement. This Contract contains the entire and
only agreement between the City and Contractor respecting the
subject matter hereo~. It supersedes all prior or conflicting
agreements or representations. Modification of this Contract must
be in writing and signed by both parties.
20. Notices. Unless otherwise indicated, all notices pursuant
to this Contract, except for notices under paragraph 15, shall be
sent in writing by certified mail, return receipt requested, or by
telecopy, addressed as follows:
To : To the city:
city of Denton
Attn: Director of Electric
Utilities
90lB Texas Street
Denton, Texas 76201
Any notice transmitted by mail shall be effective as of the
date mailed. Any notice transmitted by telecopy shall be effective
upon actual receipt.
Agreed to by Contractor and
written above.
the City as of the date first
CITY O~ DENTONi TEXAS . ~
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
DEBRA A. DRAYOVlTCH, CITY ATTORNEY
Page 6
ATTEST:
CONTRACTOR:
E: \~POOCS\K\#AZARD. ~AS
Page 7
'~ CF~T~F~CATE OF INSURANCE: CSH 09/22/94
Alexander & Alexander, Inc.
535 Smithfield St., Suite 2200
Pittsburgh, PA
15222
PHORZ412-594-7500
COMPANIES AFFORDING COVERAGE
COMPANY LET~RA Reliance National Indemnity Co
S. D. Myers, Inc ............................................................................
180 South Avenue ~o~m~ ~ C
Tallmadge OH ...........................................................................
44278 ~ ~D
".:~ I~1 DATE DATE
~::~l -" I .............................................................................................................................
.~ I GE~L LI~ILITY SE~ A~REGATE 5, 000 , 00(
A] ~ co~,z~ U~N ~X~XU~ NGB125935004 11/18/93 11/18/94
.~] ~ IX] c~ ~ ( ; ~c.
~ Contractual
~ b--[ ........................................................... [ ..............................
' [ AUTOMOBILE LI~
Ali ] ~a~o ~125882904 11/18/93 11/18/94
i ] [ ~ ~L O~D A~OS
~ ~ NON-~D A~S (PER ACCIDE~)
~ [ ] ~ u~L~ ..................................
I---I .......................................................................................... ~ ..................................
'~ I I EXCESS LI~ILITY
~ I I[ ] ~ ~0~ I ..................................
:~ I I [ ] 0~ER T~
~c~ ~CCZD~ 1, 000, 000
] ~ts~-~n. nt.~r 1, 000, 000
A E~PLOYERS' LX~ NGB125935004 11/18/9~ 11/18/94 ~s~-~s~. 1,000,000
I OTHER
Al Cont. Poll. Liab. ~B125980304 11~18~93 11~18~94~,000,000~6,000,000
AtPollution Legal ~L16~973 11]18/93 11/18/94 5'000,000/5,000,000
.................................... · ............................................................................................
DSS~? OF OPE~TXO,S/~T~O,S/VS~XCnES/SV~CX~ X~ · . Cert~ffeate Holder ~s n~ed as
Add~pnal Insured on the General Lfab~l~ty ~ Auto Lf~flfty policies for
speo~fxed work perfo~ed by the N~ed Xnsured.
· CERTIFICATE HOLDER <==...==..=====================.· CANCELLATION ....................................................
*CITY OF DENTON TEXAS
PURCHASING DIVISION
901-B TEXAS ST
DENTON TX
76201
[_ACORD 25-S (7/90)
D~ ~KERS COMPENSATION
30 W. Spdng S~reeL Columbus, Ohio 45266-0581
CERTIFICATE OF EMPLOYER'S
RIGHT TO PAY COMPENSATION .DIRECTLY
To be posted in employer's place or places of employment in compliance with Sec. 4123.83
of the Ohio Revised Code. Any employer mquidng mom than one copy of this certificate, may
reproduce as many copies of the certificate (without any alterations or changes) as required.
Risk No. and Employer
S. D. Myers, Inc.
180 South Ave.
Tallmadge, Ohio
SI4125-00
44278
Pedod Specified Below
1st DAY OF Sept. 1994
1st DAY OF Sept. 1995
SUBS
THIS IS TO CERTIFY that on date hereof the above named employer having met the
requirements provided in Section 4123.35 of the Ohio Revised Code has been granted
authority by the administrator to pay compensation directly to its injured or dependents
of killed employees as provided in said Section for the period above set forth.
CEO/Administrator, Ohio Bureau of Workers' Compensation
BWC-7201
Si-1