1991-158ORDINANCE NO 2! a~
AN 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 com-
petitive 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 receiv-
ed and recommended that the herein described bids are the lowest
responsible bids for the construction of the public works or im-
provements 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 con-
struction 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 be-
ing the lowest responsible bids
CONTRACTOR AMOUNT
1287 Wayne Allen Construction Cc $ 38,031 00
1288 Larry Manning, Inc $ 36,931 00
1292 Midwestern Service Inc $118,000 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, 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 Propos-
als, and documents relating thereto specifying the terms, condi-
tions, plans and specifications, standards, quantities and speci-
fied 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 im-
mediately upon its passage and approv 1
PASSED AND APPROVED this the ay of 1991
ATTEST
JENNIFER WALTERS, CITY SECRETARY
r
BY
(.A )Ittaz
APPR t D tASC LEGAL FORM
DEBRA A DRAYOVITCH, CITY ATTORNEY
'~Mni /LAn~e.7/.
BY
DATE November 5, 1991
CITY COUNCIL REPORT
TO Mayor and Members of the City Council
FROM Lloyd V Harrell, City Manager
SUBJECT BID #1287 - PRECAST WALL FOR AIRPORT SUBSTATION
RECOMMENDATION We recommend this bid be awarded to the lowest
bidder Wayne Allen Construction Co in the amount of $38,031 00
SUMMARY This bid is for the construction of a precast type wall
around the Electric Substation at the Denton Airport This
substation located west of Denton on Jim Christal Road has been
vandalized several times over the past years by copper thieves
and vandals shooting at electrical equipment This screening
wall is intended to deter these re-occurring problems
Two types of wall were bid (1) the type currently installed at
the Hickory and Kings Row Substations and (2) the type being
installed at the new "Pep Boys" location to shield residents from
commercial activities
The "Pep Boys" type wall was the lowest bid and is being
recommended The bid price is about 508 under our projected
cost PUB recommend approval
BACKGRO ND Tabulation sheet, minutes from PUB meeting of October
16, 199
PROGRAMS, DEPARTMENT OR GROUPS AFFECTED Electric Utility
Department, Substation Division
FISCAL IMPACT 1991-95 Capital Improvements Plan Project
#91-0255-04
Respec llly/ submitted
v
Lloy V Harrell
City Manager
Approved
Name Tom-D Shaw, C P M
Title Purchasing Agent
TS/jh
198 DOC
BID # 1287 I I I I I I
I I I I I I
BID NAME PRECAST WALL CONSfR=ONI PORT DALTON I DER I WAM ALIEN I GRACO I MI7&M I
FM AIRPORT SUB I co I CONSTRUCTION I CONSTRUCTION I CONSrR=ON I CONSTRULTrON I
OPEN DATE 10-3-91 I I I I I I
I I I I I I
I MM DE9CRIPTTON I VENDOR I VENDOR I VENDOR I VENDOR I VENDOR i
PRMMW WALL
ALTERNATE
$73,987 00
NB
$49,500 00
NB
$63,233 00
$38,031 00
$42,466 00
$53,450 00
$45,980 00
$40,630 00
EXCERPT]
PUBLIC UTILITIES
OCTOBER
,RD MEETING
1991
9 CONSIDI R APPROVAL OF LOW BlD FOR BID #1287- PRECA9'1 WALL
CONSTRUCTION FOR AIRPORT SUBSTATION
Nelson gave a short overview of
approval of the low bid
Coplen made a motion to approve the
nays, motion carried
project, indicating staff i mends
bid, second by Laney All ayes, no
DATE November 5, 1991
CITY COUNCIL REPORT
TO
Mayor
and Members
of the City Council
FROM
Lloyd
V Harrell,
City Manager
SUBJECT
BID#
1288 - ORIOLE
STREET CONCRETE
RECOMMENDATION We recommend this bid be awarded to the lowest
bidder Larry Manning Inc in the amount of $36,931 00
SUMMARY This bid and award is for the concrete work associated
with the reconstruction of Oriole Street from Mockingbird to
Cardinal The street construction and paving is being done by
City of Denton Street Department The award to Larry Manning
Inc includes curb and gutter, sidewalks, driveway approaches,
sodding'hydromulching and misc sprinkler system adjustments
Tabulation sheet
PROGRAMS, DEPARTMENT OR GROUPS AFFECTED Street Department,
Engineering and Citizens of Denton
FISCAL IMPACT 1986 Street Bond Capital Improvement Program
Respect ly submitted
I'// W44
all
Lloyd Harrell
City Manager
Approved
Name TomD Shaw, C P M
Title Purchasing Agent
TS/jh
199 DOC
BID # 1288
BID NAME ORIOLE SMEET CONCRETE
OPEN DATE OCTcmR 10, 1991
# I QTY I ITEM DFSCRI@TTCN
I I
I I
11 I
I I
I I
I I
I I
TOTAL
BID BID
I
I
I
MANNIRi INC I JR1 PAVING
I zNC
I
I
I
I
E L DALTON
CO INC
CALVERT
PAVING
I VENDOR I
I I
VENDOR I
I
VENDOR I
I
VENDOR I
I
VENDOR I
I
I I
1 $36,931 00 1
I I
I I
I
$64,146 85 1
I
I
I
$50,546 20 1
I
I
I
$41,184 75 1
I
I
I
$55,940 90 1
I
I
I I
I YES I
I
YES I
I
YES I
I
YES I
I
YES I
90-158
J .
CONTRACT AGREEMENT
STATE OF TEXAS
COUNTY OF DENTON
THIS AGREEMENT, made and entered into this 5 day of NOVEMBER
A.D., 19_1L, by and between THE CTTV nF DFNTnN
of the County of DENTON and State of Texas, acting through
LLOYD V. HARRELL thereunto duly authorized so to do,
hereinafter termed 'OWNER,' and
LARRY MANNING. INC..` 821 RINGS ROW, DENTON TEXAS 76201
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 bye 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:
OTT $.I. 00 _ Q n7y CTVyyT rnXrRj7TV b c $3fi 9 1 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
CA-1
0114s
- IN WITNESS WHEREOF, the parties of these presents have executed this
agreement in the year and day first above written.
ATTEST:
I
- `F
fA"~ f~ ~-'ri, lu
S -;l
ATTEST
CITY 4OFNTON
OWNER
(SEAL)
LARRY MANNING, INC.
CONTRACTOR
Eyo
Title
(SEAL)
CA-3
0114s
other drawings and printed or written explanatory matter thereof, and the
Specifications therefore, as prepared by
CITY OF DENTON ENGINEERING 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.
CA-2
0114s
PERFORMANCE BOND
STATE OF TEXAS
Bond No. TX480121
COUNTY OF DENTON ) (
KNOW ALL MEN BY THESE PRESENTS: That LARRY MANNING INC.
, of the city of DENTON
County of DENTON , and State of
TEXAS
as PRINCIPAL, and MRRCHAMTC Rnn,nTnrn I,..,
as SURETY, authorized under the laws of
the State of Texas to act as surety on bonds for principals, are held and firmly
bound unto-the THE CITY OF DENTON
as OWNER, in the penal sum of THIRTY SIX THOUSAND NINE HUNDRED THIRTY ONE AND
NODollars 36,931.00 ) for the payment whereof, the said
Principal and Surety bind themselves and their heirs, administrators, executors,
successors and assigns, jointly and severally, by these presents:
WHEREAS, the Principal has entered into a certain written contract
with the OWNER, dated the 5 day of November 1991 , for the construction of
BID #1288 - ORIOLE STREET CONCRETE in the amount of 136.931 nn
which contract is hereby referred to and made a dpart hereof as fully and to the
same extent as if copied at length herein.
NOW, THEREFORE, the condition of this obligation is such, that if the
said principal shall faithfully perform said Contract and shall in all respects,
conditions and agreements in and by said contract agreed and covenanted by the
Principal to be observed and performed, and according to the true intent and
meaning of said Contract and the Plans and Specifications hereto annexed, then this
obligation shall be void: otherwise to remain in full force and effect;
PB-1
PROVIDED, HOWEVER, that this bond is executed pursuant to the
provisions of Article 5160 of the Revised Civil Statutes of Texas as amended by
acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this
bond shall be determined in accordance with the provisions of said Article to the
same extent as if it were copied at length herein.
PROVIDED FURTHER, that if any legal action be filed upon this bond,
venue shall lie in DENTON County, State of Texas.
Surety, for value received, stipulates and agrees that no change,
extension of time, alteration or addition to the terms of the contract, or to the
work performed thereunder, or the plans, 'specifications, or drawings accompanying
the same, shall in anywise affect its obligation on this bond, and it does hereby
waive notice of any such change, extension of time, alteration or addition to the
terms of the contract, or to the work to be performed thereunder,
IN WITNESS WHEREOF, the said Principal and Surety have signed and
sealed this instrument this th day of - November
19 91,
LARRY MANNING, INC.
Principal
By ^2rzu/
Title. Lp;, cL -
MERCHANTS BONDING COMPANY (Mutual)
Surety
Pauline L. Lesch
Title - Attornev-in-Fact
c> Addrb'ss'%821 Kings Row
Dentoir, Texas 76201
(SEAL)
Address P. 0. Box 1150
Lewisville Texas 75067
1A -1
The name and address of the Resident Agent of Surety is:
PCL INSURANCE AGENCY, INC.
206 Elm St., Lewisville, Texas 75057
NOTE: Date of Bond must not be prior to date of Contract.
P B-2
C • y
(SEAL)S
0091b
PAYMENT BOND
STATE OF TEXAS
COUNTY OF DENTON
KNOW ALL MEN BY THESE PRESENTS: That LARRY MANNING INC.
of the City of DENTON
County of DENTON and State of DENTON
as principal, and
MERCHANTS BONDING COMPANY (Mutual)
authorized under the laws of the State of Texas to act as surety on bonds for
principals, are held and firmly hound unto THE CITY OF DENTON
OWNER, in the penal sum of THIRTY SIX THOUSAND NINE
HUNDRED THIRTY ONE AND NO/l0O-------------------- Dollars 36,931.00 )
for the payment whereof, the said Principal and Surety bind themselves and it
heirs, administrators, executors, successors and assigns, jointly and severally, by
thes presents:
WHEREAS, the Principal has entered into a certain written contract
with the Owner, dated the
5 day of NOVEMBER 19 91
BID #1288 - ORIOLE STREET CONCRETE
to which contract is hereby referred to and made a part hereof as fully and to the
same extent as if copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the
said Principal shall pay all claimants supplying labor and material to him or a
subcontractor in the prosection of the work provided for in said contract, then
this obligation shall be void, otherwise to remain in full force and effect;
PROVIDED, HOWEVER, that this bond is executed pursuant to the
provisions of Article 5160 of the revised Civil Statutes of Texas as amended by the
acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this
bond shall be determined in accordance with the provisions of said Article to the
same extent as if it were copied at length herein.
PB-3
Surety, for value received, stipulates and agrees that no change,
extension of time",-alteration or addition to the terms of the contract, or to the
work performed thereunder, or the plans, specifications or drawings accompanying
the same, "shall in anywise affect its obligation on this bond, and it does hereby
waive notice of any such change, extension of time, alteration or addition to the
terms of the contract, or to the work to be performed thereunder.
IN WITHNESS WHEREOF, the said Principal and Surety have signed and
sealed this instrument this 6th day of November , 19 91 .
LARRY MANNING, INC. MERCHANTS BONDING COMPANY (Mutual)
Principal Surety
Title Address 821 Kings Row
Denton, Texas 76201
The name
Pauline L. Lesch
Title Attornev-in-Fact
Address P. 0. Box 1150
Lewisville, Texas 75067
ss of the Resident Agent of Surety is:
PCL INSURANCE AGENCY, INC.
(SEAL)
206 Elm St., Lewisville, Texas 75057
PB-4
0092b
MAINTENANCE BOND
STATE OF TEXAS
TX480121
COUNTY OF DENTON
KNOW ALL MEN BY THESE PRESENTS: THAT LARRY MANNING INC.
as Principal, and MERCHANTS BONDING CO utua
a Corporation authorized to do business in the State of
Texas, as Surety, do hereby acknowledge themselves to be held and bound to pay unto
the City of Denton, A Municipal Corporation of the State of Texas, its successors
and assigns, at Denton, Denton County, Texas the sum of THREE THOUSAND SIX HUNDRED
NINTY THREE AND 10/100--------- Dollars 3.693.10 10% of
the total amount of the contract for the payment of which sum said principal and
surety do hereby bind themselves, their successors 'and asssigns, jointly and
severally.
This obligaticn is conditioned, however, that:
WHEREAS, said LARRY MANNING INC.
has this day entered into a written contract with the said City of Denton to build
and construct BID 01288 - ORIOLE STREET CONCRETE
which contract and the plans and specifications therein mentioned, adopted by. the
City of Denton, are filed with the City Secretary of said City and are hereby
expressly incorporatd herein by reference and made a part hereof as though the same
were written and set out in full herein, and:
WHEREAS, under the said plans, specifications, and
contract, it is provided that the Contractor will maintain and keep in good repair
the work therein contracted to be done and performed for a period of one (1) year
from the date of acceptance thereof and do all necessary backfilling that may
become necessary in connection therewith and do all necessary work toward the
repair of any defective condition growing out of or arising from the improper
construction of the improvements contemplated by said contractor on constructing
the same or on account of improper excavation or backfilling, it being understood
that the purpose of this section is to cover all defective conditions arising by
reason of defective materials, work, or labor performed by said Contractor, and in
case the said Contractor shall fail to. repair, reconstruct or maintain said
improvements it is agreed that. the City may do said work in accordance with said
contract and supply such materials and charge the same against the said Contractor
and its surety on this obligation, and said Contractor and surety shall be subject
to the damages in said contract for each day's failure on the part of said
Contractor to comply with the terms and provisions of said contract and this bond.
ME-1
NOW, THEREFORE, if the said Contractor shall perform its
agreement to maintain said construction and keep same in repair for the maintenance
period of one (1) year, as herein and said contract provided, then these presents
shall be null and void and have no further effect; otherwise, to remain in full
force and effect.
further It is agreed
that this
one against he Principal and Sur y that
successive o recoveries emav
be had hereon for successive breaches of the conditions herein provided until the
full amount of this bond shall have been exhausted, and it is further understood
that the obligation to maintain said work shall continue throughout said
maintenance period, and the same shall not be changed, diminished, or in any manner
affected from any cause'during said time.
IN.WITNESS WHEREOF the said LARRY MANNING, INC.
as Contractor and Principal, has caused
these presents to be executed by
and the said MERCHANTS'BONDING COMPANY (Mutual)
as surety, has caused these presents to be executed by its
Pauline L. Lesch and.the said Attorney-in-Fact
this 6th day of November , 19 91 .
BY
t
BONDING: COMPANY
L. liesch
Cn-Fact
Attorney-in-Fact
has hereunto set }ias hand
her
PRINCIPAL:
LARRY MANNING, INC.
HB-2
0093b
lOwA
p '`TRIAL SAP ~•'S L1Tp O°Ifir:4~ - r'
COUP11" Op POLK
'•J o:8
a-d to ie.n(j e r~ G r < r o c _ i IC - <Ty 4
Ovr RA~i hiTOR'VLY.~
COLiP +tdV 'hQ +i- a ,'..c`, d r • r ~ ~ F"~A,v
n'i c d h t ^U
oaQ~t! G Ap~ri
In !r,~551"/`iP'BO". ~..toc' YC-: r,•„ M
Ih, se. ny.~ ~a it ;e5. e'r •e Contp.-ine y.-~4POH
6th day or November s ql v 9i ~5
Ths power of attorney expues December 31, 1992
CITY OF DENTON
INSURANCE MINIMUM REQUIREMENTS
INSURANCE:
Without limiting any of the other obligations or liabilities of
the contractor, the Contractor shall provide and maintain until
the contracted work and/or material has been completed/delivered
and accepted by the City of Denton, Owner, the minimum insurance
coverage as indicated hereinafter.
Satisfactory certificate(s) of insurance shall be filed with -the
Purchasing Department prior to starting any construction work
or activities to deliver material on this Contract. ',Q
certificate(s) shall state that thirty (30) days advance written
notice will be given to the Owner before, any policy covered
thereby is changed or cancelled. The bid number and title of the
project should be indicated, and the City of Denton should also
b,e listed on all policies as an additional named insured. To
avoid any undue delays, it is worth reiterating that:
o Thirty (30) days advance written notice of material change
or cancellation shall be given;
o The City of Denton shall be an additional named insured on
all policies.
I. WORKMEN'S COMPENSATION AND EMPLOYER'S LIABILITY. This
insurance shall protect the Contractor against all claims
under applicable state workmen's compensation laws. The
Contractor shall also be protected against claims for
injury, disease, or death of employees which, for any
reason, may not fall within the provisions of a workmen's
compensation law.
The liability limits shall not be less than:
o Workmen's Compensation - Statutory
o Employer's Liability - Statutory
If. COMPREHENSIVE AUTOMOBILE LIABILITY. This insurance shall
be written in comprehensive form and shall protect the
Contractor against all claims for injuries to members of
the public and damage to property of others arising from
the use of motor vehicles licensed for highway use,
.whether they are owned, non-owned, or hired.
The liability limits shall not be less than:
o A combined single limit of $500,000.00
III. COMPREHENSIVE GENERAL LIABILITY. This insurance shall be
written in comprehensive form and shall protect the
Contractor against all claims arising from injuries to
members of the public or damage to property of others
arising out of any act or omission of the Contractor or
his agents, employees or subcontractors.
CI - 1
To the extent the Coi
direction, may require
underground operations,
coverage shall contain
explosion, collapse of
property,
itractor's work, or work under his
blasting, explosive conditions, or
the comprehensive general liability
no exclusion relative to blasting,
buildings, or damage to underground
The liability limits shall not be less than:
o A combined single limit of $1,000,000.00.
INSURANCE SUMMARY:
The Contract shall provide insurance to cover operating hazards
during the period of placing the facility in operation and dur.i
testing, and until such time as the facilities are completed and
accepted for operation by the Owner and written notice of that
fact has been issued by the Owner. Approval of the insurance by
the Owner shall not in any way relieve or decrease the liability
of the Contractor hereunder. It is expressly understood that the
Owner does not in any way represent that the specified limits of
liability or coverage or policy forms. are sufficient or adequate
to protect the interest or liabilities of the Contractor.
Again, the Owner shall be given a certificate of insurance
indicating that all of the above policies and the appropriate
limits are indeed enforced. The certificate shall also indicate
that the Owner will be given at least thirty (30) days written
notice of cancellation, non-renewal, or material change of the
required insurance coverage. All responsibility for payment of
any sums resulting from any deductible provisions, corridor or
self-insured retention conditions of the policy or policies shall
remain with the Contractor. The Contractor shall not begin any
work until the Owner has reviewed and approved the insurance
certificates and so notified the Contractor directly in writing.
Any notice to proceed that is issued shall be subject to such
approval by the Owner.
CI - 2
Name and Address of Agency
Phone
Name and Address of Insured:
Phone
City of Denton Reference:
Project Name:
Project No:
Project Location:
Managing Dept:
Companies Affording Coverage:
A
B
C
This is to certify that: 1) Policies of insurance listed below have been issued and are in force at this time.
2) The City of Denton is listed as an additional insured as to all applicable coverage.
ny Expiration r Type of Insurance Pnlirv w ae pn.._ Limits of Liability
Comprehensive General Liability
- Occurrence
- Claims Made (see #4-Page CI-4)
Broad Form to Include:
- Premises/Operations
- Independent Contractors
- Products/Completed Operations
- Personal injury
- Contractual Liability(see #3-Page CI-4)
- Explosion and Collapse Hazard
- Underground Hazard
- Liquor Liability Coverage
- Fire Legal Liability (see #5-Page CI-4)
- Broad Form Property Damage
- Professional Errors/Omissions
occurrence
- claims made (see #4-Page CI-4)
Comprehensive Automobile
Liability
- Owned/Leased Automobiles
- Non-owned Automobiles
- Hired Automobiles
- Workers' Compensation and
Employers' Liability
- Owners' Protective Liability
Other Insurance
Bodily Injury f
Property Damage f
Bodily injury and Property
Damage Combined f
Bodily In*y/Person
Bodily Injury/Accident
Property Damage
Bodily Injury/Property
Damage Combined
tatutory Amount
f
f
S
Description of Operations/Locations/Vehicles.
Each policy shall require thirty (30) days notice of cancellation, non-renewal, or material change in coverage.
(See #2, Page CI-4).
Name and address of Certificate Holder.
CITY OF OFNTON, TEXAS
PURCHASING AGENT
901-B TEXAS ST.
DENION, TEXAS 75201
AU1110RI1EU REPRESENIATIVE
SEE DEFIN IIIONS ON PAGE Cl 4 ATTACHEU.
Cl - 3
DEFINITIONS
1. ADDITIONAL INSURED: The City of Denton, its elected and
appointed officials, officers and employees. (This does
not apply to Worker's Compensation.)
2. NOTICE OF CANCELLATION: Each policy shall require that
thirty (30) days prior to the cancellation, non-renewal, or
any material change in coverage, a notice thereof shall be
given to owner by certified mail. If the policy is
cancelled for non-payment of premium only ten (10) days
written notice to owner is required.
3. CONTRACTURAL COVERAGE:
ontract or (Liability
by c
agreement, and would not otherwise exist.)d The contractual
liability requirement shown on the reverse side of this
Certificate of Insurance under Comprehensive General
Liability, must include a definition of coverage broad
enough to provide coverage for obligations assumed by the
contractor in the referenced contract. This Certificate of
Insurance is provided as required by the governing contract.
4. CLAIMS MADE POLICY FORM: Required period of coverage will
be determined by the following formula: Continuous
coverage for the life of the contract, plus one year (to
provide coverage for the warranty period), and a extended
discovery period for a minimum of five (5) years which
shall begin at the end of the warranty period.
5. FIRE LEGAL LIABILITY: (Required in all contracts that
involve the occupancy, construction or alteration of
City-owned or leased facilities.) Insurance is to cover
buildings, contents (where applicable) and permanently
installed equipment with respect to property damage to
structures or portions of structures if such damage is
caused by the peril of fire and due to the operations of
the contractor. Limit of liability is to be a minimum of
$500,000.
6. OWNER: The term owner shall include all authorities,
boards, bureaus, commissions, divisions, departments, and
offices of the owners, and individual members, employees,
and agents thereof in their official capacities, and/or
wnile acting on behalf of the owner.
CI - 4
Oriole Street Concrete Work BID NO. 1288
PO N0. i
BID TABULATION SHEET
Contractors Warranties
and Understandings
Barricades, Warning
6" Concrete Driveway
Exposed aggregates
D_rivewav
Concrete Curb and
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BID SUMMARY
.OTAL 9ID ?RICE IN WORDS
in the event of the award of a contract to the undersigned, the
undersigned will furnish a performance bond and a payment bond
for the full amount of the contract, to secure proper
compliance with the terms and provisions of the contract, to
insure and guarantee the work until final completion and
acceptance, and to guarantee payment for all lawful claims for
labor performed and materials furnished in the fulfillment of
the contract.
It is understood that the work
accepted, when fully completed
the plans and specifications,
Engineer.
proposed to be done shall be
and finished in accordance with
to the satisfaction of the
The undersigned certifies that the bid prices contained in this
proposal have been carefully checked and are submitted as
correct and final.
Unit and lump-sum prices as shown for each item listed in this
proposal, shall control over extensions.
Street Address
City and State
Seal Authorization
(If a corporation)
Telephone
B - 1
BID BOND
ien by these presents:
NING, INC., 821 Kings Row, Denton, Texas 76201
(hereinafter called the Principal) as Principal, and the :MERCHANTS BONDING COMPANY (Mutual)
a corporation of the State of Iowa, with its Home Office in the City of Des Moines, Iowa, (hereinafter
called Surety), as Surety, are held and firmly bound to
CITY OF DENTON
(hereinafter called the Obligee) in the full and just sum of 5% GAB-----------------------
FIVE PERCENT OF THE GREATEST AMOUNT BID-----------------------------
good and lawful money of the United States of America, to the Dollars
and truly to be made, the said Principal and Surety bind themselvesahe r end each of their heirs, exe u ors,
administrators, successors and assigns, jointly and severally, firmly by these presents.
Signed, sealed and dated this 10th day of October 19 91
THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Obligee shall make any award to
the Principal for
ORIOLE STREET CONCRETE WORK
according to the terms of the proposal or bid made by the Principal therefor, and the Principal shall duly
make and enter into a contract with the Obligee in accordance with the terms of said proposal or bid and
award, and shall give bond for the faithful performance thereof with the MERCHANTS BONDING
COMPANY (Mutual) and Surety, or with other Surety or Sureties approved by the Obligee; or if the
Principal shall, in case of failure to do so, pay to the Obligee the damages which the Obligee may suffer
by reason of such failure, not exceeding the penalty of this bond, then this obligation shall be null and
void; otherwise it shall be and remain in full force and effect.
IN TESTIMONY WHEREOF, the Principal and Surety have caused these presents to be duly signed
and sealed.
LARRY MANNING, INC.
Witness: Principal
Attest:
MERCHANTS BONDING COMPANY (Mutual)
By
,~I~zsch, Attorney-in- act
10th October 91 Lewisville, Texas
December 31-, 1992
THIS CERTIFICATE 19 ISSUE
CONFERS NO RIGHTS UPON
DOES NOT AMEND, EXTEND
13/13791'
DLDCR. THIS CERTIFICATE
RAGE AFFORDED BY THE
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COMPANIES AF ORgtNq COVERAGE
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THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN 199UEO TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOf WRHVTANOINO ANY REQUIREMENT, TLRM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS '
_
'
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 19 SUBJECT TO ALL THE TERMS
-
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITSSHOWN MAYHAVE'BEEN REDUCED BYPAIDOLAIMS.
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TYPE OF INSURANCE. POLICY NUMBER 1 POLICY FFFEC11VE : POUCYE%PIRATION
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" DATE PAMOD/YYI DATE IMK'DD"
UMITO
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OWNERS S, CONTRACTOR E PROT. i_
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EACH OCCURRENCP
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FIRE DAMAGE{AnY PM16 MIS) 50,000
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LIMORELLA FORM 'I
AGGREGATE
j OTHER THAN UMSRELIA FORM
A WORKER'S COMPENSATION 05CMC100762 T-09
AND I
EMPLOYERS, UABILITY '
.Ii
DESCRIPTION OF OPERATIUNSILDCATIONSNEHICLES/SPECIAL ITEMS
I
CERTIFICATE ROMER TO HEREBY SHOWN AD ADDITIONAL NAMED INSUAEO
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T i
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CITY OP DENTON -
9VRCHA5INC DEPT
901-A TEXAS BTAEET
DEN=N.TX 16201- -
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1 c SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE !
t EXPIRATION DATE THEREOF, THE ISSUINO COMPANY WILL ENDEAVOR TO
t MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOIAFR NAMED TO THE
_
LEFT, BUT FAILURETO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR I
i I LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPHESENTATNES:
i !
AUTHORIZED REPRESENTATIVE
-
1
I i I' It 'NATsoN NOWLIN INSURANCE t
'4 •QCO34 CbHPbFU .!2?F.j;ae~"'
f
."~I ur~~r LJ0, k Ir-, iim nrrr Inv IT. ri .7T IT Tr -T T _r CC
DATE November 5, 1991
CITY COUNCIL REPORT
TO Mayor and Members of the City Council
FROM Lloyd V Harrell, City Manager
SUBJECT BID #1292 - CLEANING OF ANAEROBIC DIGESTER
RECOMMENDATION We recommend this bid be awarded to Midwestern
Service Inc in the amount of $118,000 00
SUMMARY This bid is for the cleaning of an anaerobic digester
located at the City of Denton Pecan Creek Water Reclamation
Plant
The bid request was sent to seven qualified firms that had
indicated an interest in this type project Only one acceptable
bid was returned
The lower bid of Tisdale Sanitary Service has taken major
exceptions to the bid specifications for dilution limitation and
also expect the City of Denton to bear the cost of the temporary
containment facilities These exceptions are not acceptable
BACKGROUND Tabulation sheet, memorandum from Asa Brown
Superintendent Water Reclamation
PROGRAM DEPARTMENT OR GROUPS AFFECTED Utility Department,
Water R clamation Division
FISCAL IMPACT 1991-92 budget funds account #620-082-0470-8339
maintenance of Plant and Equipment
Respec lly submitted
41
Lloy V Harrell
City Manager
App oveo
Name Tom D Shaw, C P M
Title Purchasing Agent
TS/jh
196 DOC
BID # 1292
BID NAME
CLEANING OF ANAEROBIC I
TISDALE'S I
MIDWESTERN I
DIGESTER I
SANITARY I
I
I
SERVICE I
I
OPEN DATE
OCTOBER 22, 1991 I
I
1
I
I
I
I
I
I
# I QTY I
.I I
ITEM DESCRIPTION I
I
VENDOR I
I
VENDOR I
I
I I
1 1 I
I
CLEANING OF ANAEROBIC I
I
$18,959 00 1
I
$118,000 00 I
I I
I I
I I
I I
DIGESTER I
I
I
I
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1941 OCT 29 PM 12 08
CITY of DENTON, TEXAS
MUNICIPAL BUILDING / DENTON TEXAS 76201 / TELEPHONE (817) 566 8200
M E M O R A N D U M
TO Tom Shaw, Purchasing Agent
FROM Asa Brown, Superintendent Water Reclamation
DATE October 29, 1991
RE Backup Memo - Digester Cleanout Need - Digester Operation
Explanation
The City of Denton Pecan Creek Water Reclamation Plant treats the
spent waters of the community These spent waters carry organic
solids which must be stabilized to prevent odors and to comply with
public health laws before they are disposed At the treatment
plant these are settled in tanks called primary clarifiers The
settled bio-solids or sludge is pumped to large tanks called
digesters These tanks are the vessels wherein the bio-solids, or
sludge is stabilized This process requires anaerobic bacteria to
come in contact with the bio-solids By providing adequate mixing,
proper temperature, pH and feed rate, the bacteria breakdown the
bio-solids to organic acids, which are converted to methane gas,
supernatant (rich organic water) and ash (digested sludge) This
process requires the bio-solids to be transferred from one tank
(primary digester) to another tank (secondary digester) During
this process the heavier solids settle out to the bottom of the
tank leaving supernatant (rich organic water) in the top of the
tank if, however, solids can not be transferred then this process
is limited in terms of efficiency To prevent this from occurring
digesters are cleaned out every 5 - 7 years
Under normal conditions the bio-solids are pumped from one tank to
another to allow the decanting of the water from the solids to
occur if this can not be accomplished due to thicker than normal
bio-solids, then the only transfer that occurs is a thin solids
limited liquid which flows through the emergency overflow pipes
Such is the case with the primary digester which was constructed in
1980 and has never been cleaned out About two years ago the
ability to pump bio-solids from the primary digester to the
secondary digester was thwarted All efforts to correct this
problem have been fruitless and a decision to have the digester
cleaned out was reached Digester cleaning is an activity that
needs to be accomplished every 5 - 7 years to insure proper
digester operation
AB vg
labwp010 doc
Midwestern
9/ - r5?
P.O. Drawer 1395
Snyder, Texas 79549
Phone(916)573-6385
FAX (915) 573-6387
October 21,- 1991
Purchasing Department
City of Denton
901 B Texas Street
Denton, Texas 76201
Dear Sir:
P.O. Box 68
Friendswood. Texas 77546
Phone (713) 69&-0500 3a6-
FAX (713) 996-0905
4202 Paseo Drive
Austin, Texas 78739
Phone (512) 478-4401
FAX (512) 280-3611
"Midwestern Services Inc. is pleased to have the opportunity
to bid the cleaning of your anaerobic digester, your, bid.
number 1292,. Due to the postal service delay in our receipt
of the bid package we were unable to get the insurance
certificate on the city of Denton forms in time to meet the
bid deadline of 2:00 P.M. 10/22/1991. However we will have
those to you prior to beginning the job if we are the
successful bidder. Midwestern's current insurance meets or
exceeds your requirements.
The area we do not feel we can guarantee as per your bid
request:
I. Goals and Objectives all work shall be completed
within 20 days of commencement.
Midwestern is unable to determine the total volume of
material to be removed from the anaerobic digester. However
the total could be as high as 1,100,000 gallons and could
require as much as 80 days. Midwestern will guarantee to
begin work and continue in a workman like manner until the
job is complete.
The preceding paragraph shall be included as an exhibit to
the final bid and contract should Midwestern be the
successful bidder.
Sincerely
Philip Kimmel
Midwestern Services Inc.
PURCHASING DEPARTMENT
City of Denton
901 -B Texas St.
Denton, Texas 76201
Office
81 7-383-7100
Date 10-3-91
BID NUMBER 1292
BID TITLE CLEANING OF ANAEROBIC
DIGESTER
Sealed bid proposals will be received until 2:00 p.m.
_ OCTOBER-22 1 991 , at the office of toe
Purchasing A{ lent, 901-B Texas St., Denton, Texas 76201
For additional. information contact
E31D INVITATION
CITY OF DENTON, TEXAS
DFW Metro
817-267-0042
INSTRU TI TO BIDDERS
1. Sealed bid proposals must be received in dupli e, on this form, prior to opening date and time to be considered. Late
proposals will be returned unopened: -
2. Bids shall be plainly marked as to the bid number, name of the bid, and bid opening dale on the outside of complele!y
sealed envelope, and mailed or delivered to the Purchasing Department, City of Denton. 901 -B Texas St., Denton, TX
76201
3.. Any submitted article deviating from the specifications must be identitied and have full descriptive data accompanying
same, or it will not be considered.
4. All materials are to be quoted FOB Denton, Texas, delivered to the floor of the warehouse, or as otherwise indicated.
5. The City of Denton, Texas reserves the right to accept separate items in a bid unless this right is denied by the bidder.
6. In case of default after bid acceptance, the City of Denton, Texas may at its option hold the accepted bidder or c.ontrach:r
liable for any and all resultant increased costs as a penalty for such default.
7. The City of Denton reserves the right to reject any and all bids, to waive all informalities and require that submitted birs
remain in force for a sixty (60) day period after opening or until award is made; whichever cornes first
8. The quantities shown maybe approximate and could vary according to the requirements of the City of Denton
throughout the contract period.
9. The items are to be priced each net. (Packaging or shipping quantities will be considered)
10. The Purchasing Department assumes responsibility for the correctness and clarity of this bid, and all information and/or
questions pertaining to this bid shall be directed to the City of Denton Purchasing Agent.
11. Any attempt to negotiate or give information on the contents of this bin with the City of Denton or its representatives
prior to award shall be gounds for disqualifications.
12. The conditions and terms of this bid will be considered when evaluating for award.
PURCHASING DEPARTMENT
901 B Texas Street
Denton, Texas 76201
13. The City of Denton is exempt from all sales and excise lazes. (Article 20.04-B)
"BID NMMBER' 1292 BID PROPOSALS
TEM
DESCRIPTION
1• 7CLEAN3NG OF ANAEROBIC DIGESTER
Page
2. _
of
2' .
OUAN.
PRICE
AMOUNI
00'
TOTALS I I $118 0,00
We quote the above f.o.b. Denton, Texas. Shipment can be made in 28 days from receipt of order. Terms net
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.
P. 0. Drawer 1395 Midwestern Services, Inc
Mailing Address __yy Bidder
Sayrier- T 79542
City State Zip Signature
President
elepnone Title
NO':.; 12 '91 14 ;LIE. HUT.IIIDLHI'ID
v
**PLEASE SEE DISCLAIMER ON 'BACK**
CERTIFICATE OF' INSURANCE
CITY OF DENTON•
Name and Address of Agency
_ _ ' h
LIBERTY MUTUAL INSt E A City of Denton Reference:
4i6 DESTA~ DRIVE, SUITE 1400 $Qy
I y``_"_'_-•-- Project Nam@: its
MIDLAND, TX 79705 ^ - . Project N0:
- Phone X15 683-53&1
Project I.OCatlpn'.
Managing Dept:
Name and Address Of insured:
TRUCK CO . _ "
MIT DEW-E$TE
IDWEST., RNvACUUM C~LIBERTY f MUTUALg CI>~ era_ s.
pRECLAMATION INC- MIDWESTERN CRUDE OIL CORP. A 5URANCE COmPAIv
S 0 R11%13~ 8 _
54 PhonO 9151 573-6385
This is to cer•tir
A 2) The City of Oentonhat: 1) Policies of insurance
is listed as an additional inlissuredt@d as beltoow all have beon have beon
COmnany
Issued and are in force at +.h1s
applicable cove a9@
Itt r ,~Fe of Insvranc
-g- Pollc' Mpm er 6xPiritien
A CLmPreh@nsiva General Liability~~ l.~ In rho Of iabillty
I ✓-.Occurrence In Thou ands 0
1 -Claims :^adc $21000,000-GEN AGGR,
(see /t4-/,aqC C[-4) YYi-191-
$1,000,000-PROD,COMPL , ~y_uL_
A 078628-024 9-1-92 @ypM*X ?PER. AGGR,
Broad Form to tnciude;
A vremisys/Gperatl0ns $11000 000 5I~&PD L
IAB $
lndnpcndr:nt Contractors ARR .PE
A H productsi§Omplrtr?d Operatlons
A OCCUR.
A S
I Person,ll Injury - - -Y L
L- ConLr,tctual 1.10111t Bodily injury and Fraprr+,y
A txplosiun and Col1l Y(sc. a3-Page -,,1.4) Oaniage
i A + Undergr•Ourd il,axard pse 1la2ard Comb i nOd
S
- Liquor LilbiIIt
A u Fire Logai LiabYlrrtvuragO
A Broad Form Prc13,rtyYDjsea/05-rage Ci-4)
Occurrence ErrorE/Cmissiens
claims Mmo we «q-pace t;1.4)
r
COmpprehcnsi'v@ AutCNtpb{le~--~
Llahility
A Bodily
I ✓ C r,rdiLeasad Aut,x%bilOs
A .0;aned le nJuryiNUrson
8odity,in ury/nrcidont
iV` rlOn Rut rcobi
Illred Aulumobflus s AS1-191- PrOpOrty Daman
078628-031 9-1-92 ` 3
Sod11y injury/PrOperty "
_ OdIn a rom i nad
-'UOplkOP~eVrs' compensation and
Em 1500,000-COM INED
.
Liability statutory Amcun; SIN LE
f - Ckners' Protective Liability
aceii±en I - -
Other Insurance
Cescripticn-Of
Operations/Locat(ons/'lehiciss, !
AF.aCh iloll~y
(SO 'I! rsyuirc thirty (30) days notiCO of lJtl;i n n.r -~`~w
_ _ ~wL altr.0, p cnl;taal,
or nWG:rdl ~hangn 10 COver•t;C,
~ rPSS of Certificate HOIdPr, ~ n
I'ICJV 18 '91 14: 1-C-1 LIF.P1LIT.IIIDLAHD
" THIS CERTIFICATE IS`ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS
UPON YOU THE CERTIFICATE HOLDER, THIS CERTIFICATE IS NOT AN
DOES NOT AMEND, EXTEND, OR ALTER THE COVERAGE AFFORDED INSURANCE POLICY AND
By THE POLICIES LISTED BELOW.'
i 10'~.' 12 '91 14:29 >LIE. MUT. HIDLPfiD
FACSIMILE TRANSMISSION
LIBERTY COVER SHEET
MUTUAL.
F.1
DATE
OFp COMPANY
T0. O P MENT
NAME
~ f ic•uIf asc • ~6! a k.i--
OFFICE "
FROM: • q'~/7A(.sT I=NNT
- 964-in j` F~+[(. d Il~~'• NAME`/" -
V~Z~stJ~Je ~iG.c
SUBJECT/COMMENTS ~~VV'7l
POLICY NUMEER
U
PAGES FOLLOW If all pages not recelved, Call sending attendant immedlatel
Y
BENT 6r
CCD7 RI
TIME 6ENT' • 3
NCi'd 19 '91 12:59 LIFT F'.2
Certificate of Insurance j
THIS C'RTIFICATG IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON YOU THE CERTIFICATE HOLDER. THIS CERTIFICATE IS NOT AN INSURANCE
POLICY ANC DOES NOT AMEND. EXTEND. OR ALTER THE COVERAGE AFFORDED SY THE POLICIES LISTED BELOW,
This is to Certify that LIBERTY
r 7 Name and MUTUAL
MIDWESTERN VACUUM TRUCK COMPANY INC address of f P M,w rL+P ,r+
P O DRAWER 1395 Insured. llP AdLP...... AI^--kin.
SNYDER TX 79549 J
in, at the issue date of ihts certificate, insured by the Company under the poliop(itto lined below. `The in.urance afforded by the listed poI cyties) is subject tD aH
their temTs, exd!usicns and conditions and is not altered by any requiremei term or condition of any CDntruCt Or Other UUCWnent with rr pect tD whinh lhih
cerificate ntav be issued.
TYPE OF POLICY CERT. ExP. DATE POLICY NUMBER LIMITS OF LIABILITY
WORKERS'
i
COMPENSATION
17 igxaREHENSIVI
lily SCHEDULE FORM
PRODUCTS COM-
PLETED OPERATIONS
UZ,J TRACETS0914TiAC-
(E~ TORS PROTECTIVE
CONTACTUAL
'I
1IA8111
i W
9/1/92
N/A
COMBINED SINGLE LIMIT
BODILY INJURY AND PROPERTY DAMAGE
EACH OCCURRENCE -
$ AGGREGATE
I$EACH ACCIDENT-SINGLE UMIT-B J. AND P.0. COMBINE'
QOWNED
I
NON-OWNED $ EACH PERSON
NIA N/A EACH ACCIDENT EACH ACCIDENT
! HIRED $ OROCCURRENCE $ OR OCCURRENCE
N/A N/A
0
LOCATION(S) OF OPERATIONS & JOE M (!f Applicable) DESCRIPTION OF OPERATIONS, -
-NOTE: m..Jl NOT be nm,fied annwlly of the cWnr%.man of thl+aover qd. Yo. will be nailRed If IN. epw11011...... men or rei
NOTICE OF CANCELLATION; THE COMPANY WILL NOT TERMINATE OR
REDUCE THE INSURANCE AFFORDED UNDER THE ABOVE POLICIES UNLESS
30 _ DAYS NOTICE OF SUCH TERMINATION OR REDUCTION HAS BEEN
MAILED TO:
r
! COVERAGE AFFORDED UNDER W.C. CoV. B - - "
LAW OF THE FOLLOWING STATES j BODILY INJURY BY ACCIDENT
j 5 1 OHO OQQ EA. ACCIDENT
r BODILY iJURY 8Y DISEASE
91-078628-091 ; TX $ 1-Ann non EA PERSON
BODILY INJURY BY DISEASE .
I s 1 000,000 POLICY LIMIT
BODILY INJURY PROPERTY DAMAGE
EACH EACH .
$ OCCUR ENCEI$ OCCURRENCI
N/A Is AGGREGATE j$ . AGGREGATE
7
ATTN: TOM SHAW
CERTIFICATE CITY OF DENTON TEXAS _ PURCHASING AGENT
HOLDER- 901-B TEXAS STREET 11
DENTON TX 76201
at •ewecn "h I"uranca a+.. aNo.ded oy Thet Com
°°rv ~N CiikANCE CQRPCRArgN of •eApecn wch
PRODUCER OF RECORD:
LIBERTY INTERNATIONAL INS
AGENCY
RIVERSIDE OFFICE PARK
NINE RIVERSIDE RD
y tjE 0
193
Ill'
r4o
Fj< AUTHORIZED REPRESENTATIVE
19 1 MISHAWAKA
DATE ISSUED OFFICE
MUTUAL FIRE
CrW,y
'~4 1 5, Lit
LIBERTY
MUTUAL.
FACSIMILE TRANSMISSION
COVER SHEET
DATE
119_) 91
R. !
//0J FI~CE i•A CC~OMPA OEPA
T0: q NT M!
l.' 1
FROM: OF EPAnTMENT NAM
SU6JE0"CO M.MENTS
POLICY NUMBER
1 PAGES FOLLOW If all pages not received, Cali sending attendant immediately.
SENT BY~ 7 ME SENT
CONTRACT FOR SERVICES BETWEEN
THE CITY OF DENTON, TEXAS AND
MIDWESTERN SERVICE INC.
Jenn 16ee
The City of Denton, Texas, a Home Rule Municipality situated in
Denton County, Texas, hereinafter called "City", acting herein by
and through its City Manager, together with MIDWESTERN SERVICE INC.
hereinafter called "Contractor", hereby mutually agree as follows:
I.
GOALS AND OBJECTIVES
City wishes to hire Contractor to clean and degas its primary
anaerobic digester at City's Pecan Creek Water Reclamation Plant
located at 1100 Mayhill Road, Denton, Texas. The parties desire to
complete this task as safely and expeditiously as possible.
Pursuant to this desire, city requires all work to be performed in
compliance with safety standards prescribed by Federal, State and
Local regulatory bodies, prevailing industry standards, and the
attached City specifications. The parties agree that all work
shall be completed within 20 days of commencement.
II.
CONTRACTOR'S SERVICES
Contractor shall render services necessary for the development of
the Project as outlined herein. The scope of work which Contractor
agrees to perform is set forth in specification BEA-5015, attached
as an exhibit and incorporated by reference herein.
Contractor shall exercise the same degree of care, skill and
diligence in the performance of these services as is specified in
the attached exhibits. To the extent that Contractor's care, skill
performance and diligence is not specifically governed by the
exhibits, Contractor agrees to maintain standards consistent with
those ordinarily provided by a professional contractor under
similar circumstances. Contractor shall, at no cost to Owner,
"reperform" services which fail to satisfy the foregoing standard
of performance.
III.
TERM OF AGREEMENT
Contractor shall commence. rendering services immediately upon
execution of this agreement. This agreement will continue to be in
effect until all-.terms.have been satisfied.
IV.
COMPENSATION TO BE PAID CONSULTANT
City agrees to pay Contractor for the services performed hereunder
as follows:
A. Amount of payment for services:
For satisfactory completion of the services specified in
the exhibits, Contractor shall be entitled to a lump sum of
$ 118.000.00
B. Date of Payment:
City will pay Contractor within thirty (30) days of
completion of services provided for herein and receipt of
invoice from Contractor.
V.
SUPERVISION AND CONTROL BY CITY
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 proposal
at the general direction of the City Manager of the City of Denton
or his designee under this agreement.
VI.
SOURCE OF FUNDS
All payments to Contractor under this agreement are to be paid by
the City from funds appropriated by the City Council for such
purposes in the Budget of the City of Denton.
VII.
INSURANCE
Contractor shall provide at its own cost and expense worker's
compensation insurance, liability insurance, and all other
insurance necessary to protect Contractor in the operation of
Contractor's business. The insurance policies shall conform to the
City of Denton Minimum. Insurance Requirements attached hereto.
PAGE 2
VIII.
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 to the extent directly and.proximately caused by
the error, omission or negligent act of Contractor, its officers,
agents, employees, invitees, and other persons for whom it is
legally liable, in the course of 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.
IX.
CHOICE OF LAW AND VENUE
This agreement shall be governed by law of the State of Texas, and
venue for its construction and enforcement shall lie in the courts
of Denton County, Texas.
X.
CANCELLATION
City and Contractor each reserve the right to cancel this agreement
at any time by giving the other party fourteen (14) days written
notice of its intention to cancel. If the agreement is canceled
before completion, the City agrees to compensate Contractor for
services provided and expenses incurred prior to notice of
cancellation.
XII.
SEVERABILITY CLAUSE
If any section, subsection, paragraph, sentence, clause, phrase or
word in this agreement, or application thereof to any person or
circumstance is held invalid by any court of competent
jurisdiction, such holding shall not affect the validity of the
remaining portions of this agreement, and the parties hereby
declare they would have enacted such remaining portions despite any
such invalidity.
EXECUTED this the r day of 199.
CITY OF DENTON, TEXAS
B: .
v
Y V. HARRELL, CIT MANAGER
PAGE 3
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: /lz~
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
CONTRACTOR
BY: -7
pecancrcon
_SL~E 14CKIIX4P"'ES
EM• COY.M:SSIGN 30. l30. 6
PAGE 4
BY
SPECIFICATION NO. BEA-5015
TANK CLEANING
1.0 SCOPE OF WORK
1.1 Contractor shall provide all labor, supervision, ser-
vices, materials and supplies to clean and degas the
tanks listed on Exhibit I of this Specification in
accordance with the provisions of the Contract.
1.2 Contractor shall clean and degas all tanks in accordance
with API 650, API 640, API Publication 2015, ANSI_z.88.2,
and with any and all applicable OSHA and ANSI, safety
standards.
1.3 Prior to turning the tanks over to the Contractor, the
City will pump-down each tank as low as possible with
existing pumps, lock out and either physically blind-off
the suction/fill line or remove a valve or spool piece to
tank, and remove at least one manhole cover.
1.4 The Contractor shall clean and degas tanks to a condition
acceptable by the City. The City will determine when
tank is sufficiently cleaned and degassed.
In no case shall entry into a tank or onto a floating
roof be permitted unless authorization has been granted
by the City.
1.5 Contractor shall remove any tank openings needed for
access to the tank, such as manhole covers, door sheets
or flanges, except for the manholes opened by the City.
Contractor shall reinstall removed manhole covers, door
sheets and flanges to a leak free condition according to
API Standard 620 and API Standard 650.
1.6 Contractor shall not spray water or steam unless the
nozzle is grounded to the tank.
Contractor shall supply its own pump. Water may be
available outside of the firewalls from the fire fighting
system on a prearranged basis. When notified by any City
representative that an emergency exists, the Contractor
shall immediately disconnect from the fire fighting
system. No adjustment in time or money shall be made for
non-availability of the fire fighting system water.
1.7 Contractor shall provide for regular pick up and disposal
of the tank bottom residue and any additional miscellane-
ous solid waste, including household garbage, consum-
ables, cleaned slicker suits, etcetera. Contractor
shall not dispose solid waste in the City's receptacles
or on City property. Any solid material removed from the
tank and any absorbent (sawdust, chips, sand, etc.) shall
be removed at the Contractor's expense. No solid waste,
tank material, or absorbent shall be removed from City
property until the City Representative has approved of
the transportation vehicle, the. transporter, and the
final destination.
1.8
Contractor shall not add chemicals to the tank to assist
in cleaning.
1.9 Contractor shall keep the work area clean at all times.
At the end of each day, Contractor shall clean the
location before leaving the site.
Upon completion of work, Contractor shall leave the job
site clean and orderly, removing all wastes, scraps,
unused materials, tools, supplies, etc.
1.10 Contractor shall obtain and furnish evidence of all
permits, licenses, etc. required by any regulatory
authority prior to performing such regulated work.
1.11 Contractor may use no more than 100,000 gallons of
additional fluid per 1,000,000 gallons of sludge to aid
in the removal of the material from the Digester.
1.12 Contractor shall pump all material, in the Digester to the
drying beds or to the temporary containment area located
no more than 700' from the Digester. This entire process
shall not exceed 20 working days from the time contractor
arrives at work site.
2.0 GENERAL REQUIREMENTS
2.1 Contractor shall maintain its own independent safety
program, supplemented by OSHA and ANSI standards, and the
Independent Contractor Safety Practices Guidelines.
Contractor shall demonstrate that Contractor's personnel
are adequately trained in safe entry procedures. City
reserves the right to review the Contractor's rescue
methods.
City's Representative may also require additional safety
meetings at any time.
2.2 Each of the Contractor's employees and subcontractors (if
any) will be trained in and familiar with proper safety
PAGE 2
precautions for controlling the hazards associated with
tank cleaning. One of the two standby persons must be
trained in both cardiopulumonary resuscitation (CPR) and
first aid training. All personnel are responsible for
conforming to applicable OSHA and ANSI safety
requirements.
2.3 No sources of ignition are allowed within the work area
or in other areas where flammable vapors may be present
until the sludge has been removed from the tank and the
tank is vapor free. The term "source of ignition"
includes, but. is not limited to, smoking, welding,
electrical and internal combustion engine equipment, and
personal items, such as matches and lighters. If such
equipment must be used, it shall be placed well away from
the tank and other open tanks, preferably upwind from the
vapor source to minimize the ignition hazard. If equip-
ment must be used inside the firewall and it is safe
based on measurements of percent LFL inside and outside
the tank, wind speed, and direction, City may approve a
separate Work Permit for the equipment. Contractor's
vehicles equipped with catalytic converters are
restricted to- normal roadways in the work area.
Lighters, matches, flints, etc. shall be allowed only in
designated smoking areas.
2.4 Contractor shall use its own equipment to test and verify
that the atmosphere is safe for confined and enclosed
space entry according to its independent safety program.
Stricter individual requirements of the Contractor's
independent safety program will control over less strict
standards mandated by law, industry practice, or this
specification.
2.5 Contractor shall provide equipment to independently test
for flammable vapor, oxygen, light hydrocarbon, and safe
temperature parameters. Contractor shall provide two
standbys while the City Representative is testing the
atmosphere of a confined or enclosed space. No one may
enter a confined space until a rescue method has been
established, the atmosphere tested, and authorization
granted.
2.6 Only respiratory protection equipment jointly approved by
OSHA and other regulatory entities having jurisdiction,
and selected in accordance with ANSI Z88.2, may be used.
If air is to be supplied from the atmosphere, the source
of air for supplied-air respirators should be located on
the upwind side of the tank opening so that only fresh,
PAGE 3
uncontaminated air will be supplied. Everyone wearing
supplied-air respirators shall have at least one five (5)
minute escape or egress bottle.
2.7 Contractor shall make available instructional written
operating procedures for respiratory equipment at the job
site. Face pieces shall be cleaned frequently. A tight
face-to-mask seal is required for the safe use of most
types of respiratory protective equipment. None of the
Contractor's personnel who supervise or oversee the work
at the Pecan Creek Water Reclamation Plant may have
beards, moustaches, or sideburns which would contact any
mask.
2.8 Workers shall use rubber (preferably neoprene) boots,
gloves, and impervious jackets and pants to assist in
preventing absorption of contaminates through the skin.
Workers shall wear hard hats on the work site except
while in vehicles, station buildings, or offices.
Workers shall wear full coverage eye protection equipment
while scraping, cutting rivets, or spreading sawdust or
other absorbents.
3.0 Successful bidder shall be required to execute the attached
contract for services.
PAGE 4
EXHIBIT - NOTICE OF SEARCH POLICY
No illegal or unauthorized drugs, intoxicating beverages, firearms
or weapons, or persons under the influence of drugs, stimulants or
alcohol are allowed on City premises or work locations.
"Illegal drugs" include marijuana and other substances classified
by State or Federal law as controlled substances, and which are not
prescribed for the person possessing them by a licensed physician.
"Unauthorized drugs" include prescribed drugs brought on to the
premises without prior notification to and approval of the City,
and excessive quantities of prescribed drugs which may adversely
affect performance or behavior:
As a safety precaution, and to prevent theft of property, entry
into or upon any office or work location of the City is conditioned
upon the City's right to search the person, and any personal
effects or vehicle of any person for illegal or unauthorized drugs,
intoxicating beverages, firearms or weapons, while the person
remains on City property.
From time-to time, and without prior announcement, searches by
authorized City representatives may be made of anyone entering or
leaving the premises of the City, including City employees and
employees of contractors doing business with the City.
Illegal or unauthorized drugs, intoxicating beverages, firearms,
weapons or City property discovered as a result of a search may be
confiscated and may be turned over to appropriate law enforcement
officials.
Persons refusing_to submit to searches will be denied access to
City premises. Employees refusing to submit to searches will be
subject to disciplinary action, up to and including discharge.
End of Exhibit
PAGE 5
CONTRACT NO.
EXHIBIT - RANDOM SECURITY SEARCH POLICY
The City requires that all personnel working in its operations be
mentally and physically capable of performing their assigned duties
competently and safely. This safety rule prohibits the possession or
use of illegal or unauthorized drugs, intoxicating beverages,
firearms or weapons in all City work locations. In addition, the
City has occasionally suffered the loss of equipment and confiden-
tial data from its work locations. Such losses cannot be tolerated.
To ensure the safety and preclude the loss of the City property, the
City will be conducting random inspections to enforce compliance witt:
this policy.
To facilitate compliance with the City's policy, you are requested to
take the following steps:
1. Advise your employees and helpers about the City's policy of
inspecting without prior notice, and the resulting banning of
such person from City property.
2. Give to each employee a copy of the enclosed "Exhibit-Notice
of Search Policy" for his review..
3. Screen your employees and subcontractors before assigning
them to City work locations, bearing the City's policies in
mind.
As advised in the attached Exhibit-Notice of Search Policy, con-tract
personnel found to be in violation of the above policies will be
immediately removed and thereafter barred from entering any City work'
location. As noted, any illegal or unauthorized drugs, intox-icating
beverages, firearms, weapons or City property discovered as a result
of these City inspections may be confiscated and turned over to the
proper law enforcement officers, if appropriate.
If your contract personnel fail to comply with the City's policy, it
may become necessary to take remedial action, termination. Your
cooperation in implementing and enforcing this policy is appreciated.
Understood and accepted this day of 1990.
Firm Name
tankcleanspe
PAGE 6
CITY OF DENTON
INSURANCE MINIMUM REQUIREMENTS
INSURANCE:
Without limiting any of the other obligations or liabilities of
the Contractor, the Contractor shall provide and maintain until
the contracted work and/or material. has been completed/delivered
and accepted by the City of Denton, Owner, the minimum insurance
coverage as indicated hereinafter.
Satisfactory certificate(s) of insurance shall be filed with the
Purchasing Department prior to starting any construction work
or activities to deliver material on this Contract. The
certificate(s) shall state that thirty (30) days advance written
notice will be given to the Owner before any policy covered
thereby is changed or cancelled. The bid number and title of the
project should be indicated, and the City of Denton should also
be listed on-all policies as an additional named insured. To
avoid any undue delays, it is worth reiterating that:
o Thirty (30) days advance written notice of material change
or cancellation shall be given;
o The City of Denton shall be an additional named insured on
all policies.
1. WORKMEN'S COMPENSATION AND EMPLOYER'S LIABILITY. This
insurance shall protect the Contractor against all claims
-under applicable state workmen's compensation laws. The
Contractor shall also be protected against claims for
injury, disease, or death of employees which, for any
reason, may not fall within the provisions of a workmen's
compensation law.
The liability limits shall not be less than:
o Workmen's Compensation - Statutory
o Employer's Liability - Plus $100,000 per accident
per employee, $500,000 policy limit for
occupational disease.
II. COMPREHENSIVE AUTOMOBILE LIABILITY. This insurance shall
be written in comprehensive form and shall protect the
Contractor against all claims for injuries to members of
the public and damage to property of others arising from
the use of, motor vehicles licensed for highway use,
whether they are owned, nonowned, or hired.
The liability limits shall not be less than:
o A combined single limit of $1,000,000.
CI - 1
3540s
III. COMPREHENSIVE GENERAL LIABILITY. This insurance'shall be
written in comprehensive form' and shall protect the
Contractor against all claims arising from injuries to
members of the public or damage to property of others
arising out of any act or omission of the Contractor or
his agents, employees or subcontractors.
To the extent the Cot
direction, may require
underground operations,
coverage shall contain
explosion, collapse of
property,
itractor's work. or work under his
blasting, explosive conditions, or
the comprehensive general liability
no exclusion relative to blasting,
buildings, or damage to underground
The liability limits shall not be less than:
o A combined single limit of $1,000,000.
INSURANCE SUMMARY:
The Contract shall provide insurance to cover operating hazards
during the period of placing the facility in operation and during
testing, and until such time as the facilities are completed and
accepted for operation by the Owner and written notice of that
fact has been'issued by the Owner. Approval of the insurance by
the Owner shall not in any way relieve or decrease the liability
of the Contractor hereunder. It is expressly understood that the
Owner does not in any way represent that the specified limits of
liability or coverage or policy forms are sufficient or adequate
to protect the interest or liabilities of the Contractor.
Again, the Owner shall be given a certificate of insurance
indicating that all of the above policies and the appropriate
limits are indeed enforced. The certificate shall also indicate
that the Owner will be given at least thirty (30) days written
notice of cancellation, non-renewal, or material change of the
required insurance coverage. All responsibility for payment of
any sums resulting from any deductible provisions, corridor or
self-insured retention conditions of the policy or policies shall
remain with the contractor. The Contractor shall not begin any
work until the Owner has reviewed and approved the insurance
certificates and so notified the Contractor directly in writing.
Any notice to, proceed that is issued shall be subject to such
approval by the Owner.
'CI - 2
3540s
C KII ICAlt OF Mt)UHANCE
CITY OF DENTON
Name and Address of Agency
I
Phone
Name and Address of Insured:
Phone -
City of Denton Reference:
Project Name:.
Project No:
Project Location:
rianaginq Dept:
Companies Affording Coverage:
A
'B
C
This is to certify that: 1) Policies of insurance listed below have been issued and are in force at this time
2) The City of Denton is listed as an additional insured as to all applicable coverage.
Company Expiration Limits of Liability
otter Type of Insurance Policy Number Date . - In Thousands (000)
Comprehensive General Liability
Occur ?nc
- Occurrence
-
I
-'Claims Made (see 4-11age CI-4)
Bodily Injury
$
Broad Form to Include: -
-
Property Damage
$
- Premises/Operations
Ind
d
t C
n
-
epen
en
o
tractors
- Products/Completed Operations
Bodily injury and Property
- Personal injury
Damage Combined
$
- Contractual Liability(see 43-Page CI-4)
l
E
i
d
xp
-
os
on an
Collapse Hazard .
- Underground Hazard
- Liquor Liability.Coverage-
- Fire Legal Liability (see 45-Page CI-4)
- Broad Form Property Damage
- Professional Errors/Cmissians
- occurrence
- claims made (see "4-Page CI-4)
Comprehensive Automobile
Bodily Injury/Person
$
Liability
Bodily Injury/Accident
g
- Owned/Leased Automobiles
Property Damage
$
- Nun-owned Automobiles
- Hired Automobiles
Bodily Injury/Property'
Damage Combined
g
- Workers' Compensation and
Statutory Auoun
Employers' Liability
- -
eacF acEiCent
- Owners' Protective Liability
_
$
Other Insurance
Description of Operations/Locations/Vehicles.
Each policy shail require thirty (30) days notice of canrollation, non-renewal, or material change in coverar: .
(Soo c2, Page CI-4). .
Name and address of Certificate Holder.
;;II'f Uf- UL41l0f1, IE:fAS
'!iR GIiPS C!G ?GEt!1
901 -3 ' E<AS S1 .
t!!C'N li_RAS 16201
iAUII!ORF/J- i2IP RF., LNI;A, !V
SiL DG!-LF1L11CNS M PASL C!-4 AT
IAfiIf:O.
DEF INI,2IOPIS
i. ADDITIO'iA
INSU3EU: The City of Denton, its electec
a
d
appCinceu
officials, Officers and employees
("ih
i s
n
uses
not apply
.
I
to Worker's Compensation.)
2. NOTICE OF
CANCELLATION: Each policy shall recuire
that
thirty (30
) days prior to the cancellaC'ion, non-renewal
or
any materi
al charge in coverage, a notice thereof Sha1
,
i -
given to
owner by certifieu nail. It she Doyley
canceliea
for non-pa_iment of premium only tan (i0)
_
da,;s
wrltten n, C
C ice CO Owner is recuirec.
3. COid'iRACTURAL COVERAGE:
(Liability assumed by 'by contract Cr.
agreement, and Wouie not
otherwise exist.) 'lie contractual
liability recuirement sh
own on the reverse .:ice o_ chic
_ertificate Of Insuran
ce under Comprehensive 6-ner.a_
Liability, must include
a definition o_ coverage
oroau
enOugn to provide coverage for 001i tionns
ya assunec oy
COnCraC COL in file rereren
cec contract. 'T'his Certificate C=
Insurance is providec as
recuired by the go`' erni:•:g co:-:tract.
CLAI`:S r1ADc ?OLIC`1
:~ecuifee perioa o_ coverage will
oe CeCermine0 Uy t:`le
i0I10w1n9 t0rMu la Coint'nu(D us
coverage for the 14Le of
Che contract, !D us one yea' (to
?rovlce coverage ror c;-.e
warrar:c"_i Dzrioc), and _ extenae0
ciscovery ,eriod for
minimum o =ice (5) years :title;:
s;..."_ beg in t:^e enc of
the .va-rant_ per:oe.
J. = F-IAnT_LTfy:
(RecLi ire C In ail cony racLs
i:`v.,i pie C"!e OCCU Cane,
CO:.StrCCt _Oi: 0r _,1 t._ at
_
:;1C`i-Ow:1ci; O'_' ~ .aSeG _-ac
__lties I w, _
ui_cings, conten_.S :
ere _ Jii ab :C ef7ia:•:c z
1,
installec ecuipmenc c:ich
_1
respect co prooercy camage co
structures or portions of structures f suer, da:naue is
caused by the peril of r
ire anc cue to the operations Of
t :e contractor. Limit o_
liability is co oe a o--
U0,000.
2h e
Cerm O.v, ^:Cr
o.^.alt _.nC _'Uce r_t_cs
_ S/. ar i :
-
crs, ci._ _OnS, C; parCeencs
a-:c
~ .""•.J V l...C GIV.•: ru/
,
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