Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
2008-095
FILE REFERENCE FORM 2008-095 X Additional File Exists Additional File Contains Records Not Public, According to the Public Records Act Other FILE(S) Date Initials JR Change Order Number One – Ordinance No. 2009-025 02/03/09 ORDINANCE NO. ~~~~~Q/~ AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE REPAINTING OF THE HIGH SCHOOL ELEVATED WATER TANK; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 3945-HIGH SCHOOL WATER TOWER REPAINT AWARDED TO THE LOWEST RESPONSIBLE BIDDER MEETING SPECIFICATION, J.R. STELZER COMPANY, IN THE AMOUNT OF $949,467). WHEREAS, the City has solicited, received and tabulated competitive bids for the construction of public works or improvements in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or improvements described in the bid invitation, bid proposals and plans and specifications therein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The following competitive bids for the construction of public works or improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids: BID NUMBER CONTRACTOR AMOUNT 3945 J.R. Stelzer Company $949,467 SECTION 2. The acceptance and approval of the above competitive bids shall not constitute a contract between the City and the person submitting [he bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, and insurance certificate after notification of the award of the bid. SECTION 3. The City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein. SECTION 4. That upon acceptance and approval of the above competitive bids and the execution ofcontracts for the public works and improvements as authorized herein, the City Council hereby 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 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the ~ day of _ 2008. --~1~~ , ~~ PER R. McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ED BY 3-0R CONTRACT AGREEMENT STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT, made and entered into this 6th day of May A.D., 2008, by and between City of Denton of the County of Denton and State of Texas, acting through George C. Campbell thereunto duly authorized so to do, hereinafrer termed "OWNER," and 5850 Russell Drive Ste. 1 Lincoln, NE 68507-3187 of the City of Lincoln, County of Lancaster and State of Nebraska ,hereinafrer 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 3945- High School Elevated Storage Tank Repaint in the amount of $949,467.00 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 and the Performance and Payment Bonds, attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), and Instructions to Bidders, as referenced herein and on nie in the ofnce of the Purchasing Agent, and in accordance with aii iocai, state and federal laws; and plans, which includes all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepazed by: Birkhoff, Hendricks & Conway, LLP all of which aze referenced herein and made a part hereof and collectively evidence and constitute the entire contract. CA-1 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 covenants and agrees to and does hereby indemnify, hold harmless and defend, at its own expense, Owner, its officers, servants and employees, from and against any and all claims or suits for property loss or damage and/or personal injury, including death, to any and all persons, of whatsoever kind or character, whether real or asserted, arising out of the Work and services to be performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or invitees, whether or not caused, in whole or in part, by the alleged negligence of the officers, servants, employees, of the Owner. Contractor likewise covenants and agrees to, and does hereby, indemnify and hold harmless Owner during the performance of any of the terms and conditions of this Contract, whether arising out of in whole or in part, any and all alleged acts or omissions of officers, servants, or employees of Owner. The provisions of this paragraph are solely for the benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other person or entity. 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. TMo yvTTTP ~ yTf1D hor~l••• •• tv •• ^~1C ^Fi~°.r iii~°. dai°. °Otabil Sii~'~ .vr .,.. .,~ ..g.ew .................. ..... ....... u w v 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 Right to Auditl The OWNER shall have the right to audit and make copies of the books, records and computations pertaining to this agreement. The CONTRACTOR shall retain such books, records, documents and other evidence pertaining to this agreement during the contract period and five years thereafter, except if an audit is in progress or audit findings are yet unresolved, in which case records shall be kept until all audit tasks are completed and resolved. These books, records, documents and other evidence shall be available, within 10 business days of wiitten request. Further, the CONTRACTOR shall also require all Subcontractors, material suppliers, and other payees to retain all books, records, documents and other evidence pertaining to this agreement, and to allow the OWNER similar access to those documents. All books and records will be made available within a 50 mile radius of the City of Denton. The cost of the audit will be borne by the OWNER unless the audit reveals an overpayment of 1% or greater. If an overpayment of 1% or greater occurs, the reasonable cost of the audit, including any travel costs, must be borne by the CONTRACTOR which must be payable within five business days of receipt of an invoice. Failure to comply with the provisions of this section shall be a material breach of this contract and shall constitute, in the OWNER'S sole discretion, grounds for termination thereof. Each of the terms "books", "records", "documents" and "other evidence", as used above, shall be construed to include drafts and electronic files, even if such drafts or electronic files are subsequently used to generate or prepare a final printed document. CA-3 IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. ATTEST: ~ rzo.;i0 ~/.rr( ~e~f ~~ ~~-~-~~ (SEAL) ATTEST: 1.~~ G APPROVED AS TO FORM: J. R. STELZER CO. CONTRACTOR 5850 Russell Drive Suite 1 Lincoln, Nebraska 68507-3187 MAILING ADDRESS 402-465-~J726 PHONE NUMBER 402-466-7169 FAX NUMBER BY: TITLE James R. Stelzer, President PRINTED NAME f ~~_ / J?I Y ATTORNEY (SEAL) CA-4 City of Denton ,: PERFORMANCE BOND STATE OF TEXAS § COUNTY OF DENTON § Qii!G!NAL BONA #_~Ol:.~_ BOND ll TXC 44244 KNOW ALL MEN BY THESE PRESENTS: That J.R. Stelzer ComnanWwhose address is 5850 Russell Drive Suite 1 Lincoln, NE 68507-3187 hereinafter called Principal, and Merchants Bonding Company (Mutual) /, a corporation organized and existing under the laws of the State of Iowa ,and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Denton; a municipal corporation organized and existing under the laws of the State of Texas, hereinafrer called Owner, in the penal sum of Nine Hundred Forty Nine Thousand Four Hundred Sixty Seven and 0/10011 DOLLARS ($949,467.OOd'~lus ten percent of the stated penal sum as an additional sum of money representing additional court expenses, attorneys' fees, and liquidated damages azising out of or connected with the below identified Contract, in lawful money of the United States, to be paid in Denton County, Texas, for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement, which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement, which reduces the Contract price, decrease the penal sum of this Bond. THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain Contract, identified by Ordinance Number 2008-095 with the City of Denton, the Owner, dated the 6th day of May A.D. 2008 a copy of which is hereto attached and made a part hereof, for ~ Bid 3945 High School Elevated Storaee Tank Repaint./ NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill all of the undertakings, covenants, terms, conditions and agreements of said Contract in accordance with the Plans, Specifications and Contract Documents during the original term thereof and any extension thereof which may be granted by the Owner, with or without notice to the Surety, and during the life of any guaranty or warranty required under this Contract, and shall also well and tmly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of said Contract that may hereafrer be made, notice of which modifications to the Surety being hereby waived; and, if the Principal shall repair and/or replace all defects due to faulty materials and workmanship that appear within a period of two (2) yeazs from the date of final completion and final acceptance of the Work by the Owner; and, if the Principal shall fully indemnify and save harmless the Owner from all costs and damages which Owner may suffer by reason of failure to so perform herein and shall fully reimburse and repay Owner all outlay and expense which the Owner may incur in making good any default or deficiency, then this obligation shall be void; otherwise, it shall remain in full force and effect. PB-1 a PROVIDED FURTHER, that if any legal action be filed upon this Bond, exclusive venue shall lie in Denton County, State of Texas. AND PROVIDED FURTHER, that the said Surety, far value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc., 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, or to the Plans, Specifications, Drawings, etc. This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, as amended, and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Denton County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Article 7.19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of "texas. IN WITNESS WHEREOF, this instrument is executed in four copies, each one of which shall be deemed an original, this the 6th day of May 2008 ~/ , ATTEST: BY: SECRETARY ATTEST: ~ r a~G6 PRINCIPAL J. R. STELZER CO. '// BY: ~ ~r~l .~ PRE DENT SURETY / MERCHANTS BONDING OMP Y UAL) ,~ BY: '~- ATTORNEY-IN-FACT Robert T. Cirone The Resident Agent of the Surety in Denton County, "texas for delivery of notice and service of the process is: NAME: Star Insurance Services of Texas, Inc. STREET ADDRESS: 4805 South Colony Blvd. , The Colony, TX 75056 (NOTE: Date of Performance Bond must be date of Contract. If Resident Agent is not a corporation, give a person's name.) PB-2 4 ASP PAYMENT BOND STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That J.R. Stelzer Company/ , whose address is 5850 Russell Drive Suite 1 Lincoln, NE 68507-3187 hereinafter called Principal, and merchants Bonding Company (mutuall`~corporation organized and existing under the laws of the State of Iowa ,and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, and unto all persons, firms, and corporations who may furnish materials for, or perform labor upon, the building or improvements hereinafter referred to, in the penal sum of Nine Hundred/Forty Nine Thousand Four Hundred Sixty Seven and 0/100vP~OLLARS ($949,467.00~/in lawful money of the United States, to be paid in Denton, County, Texas, for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement which reduces the Contract price decrease the penal sum of this Bond. THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain Contract, identified by Ordinance Numbey2008- 095 ,with the City of Denton, the Owner, dated the 6th day of May A.D. 2008,/a copy of which is hereto attached and made a part hereof, for Bid 3945 High School Elevated Storage Tank Repaint./ NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties and make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying labor and/or material in the prosecution of the Work provided for in said Contract and any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby expressly waived, then this obligation shall be void; otherwise it shall remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive .venue shall lie in Denton County, Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc., 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 of addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc. PB-3 l This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, as amended, and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Denton County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such surety, as provided by Article 7.19-1 of the Insurance Code, V ernon's Annotated Civil Statutes of the State of Texas. IN WITNESS WHEREOF, this instrument is executed in four copies, each one of which shall be deemed an original, this the 16th day of May 2008` ATTEST: BY: ` ~• SECRETARY ATTEST: ~~ PRINCIPAL J. R. STELZER CO. BY: a~.o PR (DENT SURETY MERCHANTS BONDING COMPANY (MUD) ATTORNEY-IN-FACT ~- Robert T. Cirone The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is: NAME: Star Insurance Services of-Texas, Inc. STREET ADDRESS: 4805 South Colony Blvd., The Colon TX': 75056 (NOTE. Date of Payment Bond must be date of Contract. If Resident Agent is not a corporation, give a person's name.) PB-4 h/'`~ ~~ Merchants Bonding Company (Mutual) POWER OF ATTORNEY Know All Persons By These Presents, that the MERCHANTS BONDING COMPANY (MUTUAL), a corporation duly organized under the laws of the State of Iowa, and having its principal offce in the City of Des Moines, County of Polk, State of Iowa, hath made, constituted and appointed, and does by th~ese~presents make, constitute and appoint Robert T. Cirone;'James M. King, Suzanne P. Westerholt, Jacob J. Buss of Lincoln and State of Nebraska its true and lawful Attorney-in-Fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf as surety any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of: / SIX MILLION ($6,000,000.00) DOLLARS V and to bind the MERCHANTS BONDING COMPANY (MUTUAL) thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized offcers of the MERCHANTS BONDING COMPANY (MUTUAL), antl all the acts of said Attorney-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This Power-0f-Attorney is made and executed pursuant to and by authority of the following Amended Substituted and Restated By- Laws adopted by the Board of Directors of the MERCHANTS BONDING COMPANY (MUTUAL) on November 16, 2002. ARTICLE II, SECTION 8 -The Chairman of the Board or President or any Vice President or Secretary shall have power and authority to appoint Attorneys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. ARTICLE II, SECTION 9 -The signature of any authorized offcer and the Seal of the Company may be affxed by facsimile to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed. In Witness Whereof, MERCHANTS BONDING COMPANY (MUTUAL) has roused these presents to be signed by its President and its corporate seal to be hereto affixed, this 16th day of January, 2006. STATE OF IOWA COUNTY OF POLK ss. ~p\NG.Cpj~A• ;00.~PPOg9.gy.• • V ~•.s •2: • a' 1933 ; ti ; 1yv'~. c• MERCHANTS BONDING COMPANY (MUTUAL) By C%7f ~~ President On this 16th day of January, 2006, before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL), the corporation described in the foregoing instrument, and that the Seal affixed to the said instrument is the Coryomte Seal of the said Corporation and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors. In Testimony Whereof, I have hereunto set my hand and affixed my Offcial Seal al the City of Des Moines, Iowa, the day and year first above written. CINDY SMYTH Commission Number 173504 • .. My Commission Expires March 16, 2009 STATE OF IOWA COUNTY OF POLK ss. Wes""%/ ~%/ UUU e~ ;; - Notary Public; Polk County, Iowa '..`, I, NAlliam Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL), tlo hereby certify that the above and foregoing is a We antl coned copy of the POWER-OF-ATTORNEY executed by said MERCHANTS BONDING COMPANY (MUTUAL), which is still in full force and effect and has not been amentled or revoked. In W loess Whereof, I have hereunto set my hand and affixed the seal of the Company o n this 6th day of May 20Q8 / Secretary • a~' c I -'~ L 1933 ~ ; v • ( ) . . POA 0001 (1/06) •'•bdly'. ~.• \~ac• 5~~~ Page 5 of bond ACORD CERTIFICATE OF LIABILITY INSURANCE OP ID TG DATE (MM/DDIYYYY) PRODUCER JRSTELl 05 12 OB THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Copple Insurance Agency, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. Hox 83405 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Lincoln NE 66501- Phone:402-475-3213 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A'. cincinnaci ineunance cwnpany 10677 / INSURER e: TE!Xa3 Mutual Insurance CO 1 J R Stelzer CO v \'o' ~ f INSURER C: 5850 Russell Dr ~ 7 Lincoln NE 68507-3129 INSURER D. INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANV REQUIREMENT, TERM OR CONDITION OF ANV CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAV PERTAIN, THE INSURANCE AFFORDED BV THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BV PAID CLAIMS. LTR NSR TYPE OFINSU CE POLICY NUMBER DATE MM PDATE MM/DD/YY / LIMITS NERAL LIABILI / HOCCURRENCE $1, ODD, OOO A X X COMMERCIAL GENERAL LIABILITY CPP0869320`~ O7/O1/O7 O7/Ol/06 pREMISE3(Eaoccurencel S1OO,000 CLAIMS MADE O OCCUR MED F.%P (Any ane parson) S 5 , OOO PERSONAL B ADV INJURY $ 1 OOO OOO , , GENERAL AGGREGATE $2 000 000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG , , $2,000,000 POLICY X PRO- JECT LOC AU TOMOBILE LIABILI A X ANY AUTO MBINED SINGLE LIMIT aaccieenp $l,000,ODO CPP08693 07/01/07 07/01/08 ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accitlenl) PROPERTY D G AMA E $ (Per awiEenq GAR AGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANV AUTO OTHER THAN EA ACC $ AUTO ONLY. qGG S EXCESSIUMBRELLALIABILITY ~ CH OCCURRENCE 34,000,000 ' A X OCCUR ~CLAIMSMADE CPP0869320 07/01/07 07/01/08 AGGREGATE $q,0pp,0pp E DEDUCTIBLE S RETENTION $ S WORKERS COMPENSATION AND EMPLOYERS'LU181LITY TORY LIMITS ER H ANV PROPRIETOR/PARTNERIEXECUTIVE 000113612820070916 09 1 / 6/07 09/16/0 E.L. EACHACCIDENT $1,000,000' OFFICERIMEMBER EXCLUDED? f yes tleSIXibe untler E. L. DISEASE-EA EMPLOYEE $1, 000, 000 / , SPECIAL PROVISIONS below E.L. DISEASE-POLICY LIMIT $1,000,000 OTHER DESCRIPTION OFOPERATIONS /LOCATIONS /VEHICLES / E%CLUSIONS ADDED BV ENDORSEMENT I SPECAL PROVISIONS Project: High School Elevated Storage Tank Repair - City of Denton, TX.~ Waiver f °••hrocation on the work comp in favor of City of Denton~it o _ De`t~is listd as a~ ditio sured on the general liability and auto liability policies CERTIFICATE HOLDER CANCELLATION CITYD-3 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE TH E EyPIRATION / DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3O YOAy3 WRITTEN / NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL City of Denton / IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 901-H Texas Street REPRESENTATIVES. DOntOn Tx 76209 AUTHORD:ED R IV w w (euuvuo( `_/ - ~ ©ACORD CORPORATION 1988 CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Bidder's attention is directed to the insurance requirements below. It is highly recommended that bidders confer with their respective insurance carriers or brokers to determine in advance of Bid submission the availability of insurance certificates and endorsements as prescribed and provided herein. If an apparent low bidder fails to comply strictly with the insurance requirements, that bidder may be disqualified from award of the contract. Upon bid award, all insurance requirements shall become contractual obligations, which the successful bidder shall have a duty to maintain throughout the course of this contract. STANDARD PROVISIONS: Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted work has been completed and accepted by the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter. As soon as practicable after notification of bid award, Contractor shall fle with the Purchasing Department satisfactory certificates of insurance, containing the bid number and title of the project. Contractor may, upon written reguest to the Purchasing Department, ask for clarification of any insurance requirements at any time; however, Contractors are strongly advised to make such requests prior to bid opening, since the insurance requirements may not be modified or waived after bid opening unless a written exception has been submitted with the bid. Contractor shall not commence any work or deliver any material until he or she receives notification that the contract has been accepted, approved, and signed by the City of Denton. All insurance policies proposed or obtained in satisfaction of these requirements shall comply with the following general specifications, and shall be maintained in compliance with these general specifications throughout [he 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 declazed 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 officials, agents, employees and volunteers; or, the contractor shall procure a bond guazanteeing 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. CI-9 • 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. • Cancellation: The City requires 30 day written notice should any of the policies described on the certificate be cancelled or materially changed before the expiration date. • Should any of the required insurance be provided under aclaims-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 afrer 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 afrer 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. CI - 10 SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: Al[ 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: [X j A. General Liability Insurance: General Liability insurance with combined single limits of not less than $1,000,00O.OOshall be provided and maintained by the Contractor. The policy shall be written on an occurrence basis either in a single policy or in a combination of underlying and umbrella or excess policies. Ifthe Commercial General Liability form (ISO Form CG 0001 cun•ent edition) is used: • Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual liability covering this contract and broad form property damage coverage. Coverage B shall include personal injury. Coverage C, medical payments, is not required. If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) is used, it shall include at least: • Bodily injury and Property Damage Liability for premises, operations, products 'and completed operations, independent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures. Broad form contractual liability (preferably by endorsement) covering this contract, persona- injury liability and broad form property damage liability. [X) Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than $500,000.00 either in a single policy or in a combination of basic and umbrella or excess policies. The policy will include bodily injury and property damage liability arising out of the operation, maintenance and use of all automobiles and mobile equipment used in conjunction with this, contract. Satisfaction of the above requirement shall be in the form of a policy endorsement for: any auto, or all owned, hired and non-owned autos. CI - I 1 [X] Workers Compensation Insurance Contractor shall purchase and maintain Workei s Compensation insurance which, in addition to meeting the minimum statutory requirements for issuance of such insurance, has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 policy limit for occupational disease. The City need not be named as an "Additional Insured" but the insurer shall agree to waive all rights of subrogation against the City, its officials, agents, employees and volunteers for any work performed for the City by the Named Insured. For building or construction projects, the Contractor shall comply with the provisions of Attachment 1 in accordance with §406.096 of the Texas Labor Code and rule 28TAC 110.110 of the Texas Worker's Compensation Commission (TWCC). [ J Owner's and Contractor's Protective Liability Insurance The Contractor shall obtain, pay for and maintain at all times during the prosecution of the work under this contract, an Owner's and Contractor's Protective Liability insurance policy naming the City as insured for property damage and bodily injury which may arise in the prosecution of the work or Contractor's operations under this contract. Coverage shall be on an "occurrence" basis, and the policy shall be issued by the same insurance company that carries the Contractor's liability insurance. Policy limits will be at least combined bodily injury and property damage per occurrence with a aggregate. [ ] Fire Damage Legal Liability Insurance Coverage is required if Broad Form General Liability is not provided or is unavailable to the contractor or if a contractor leases or rents a portion of a City building. Limits of not less than each occurrence are required. [ ] Professional Liability Insurance Professional liability insurance with limits not less than per claim with respect to negligent acts, errors or omissions in connection with professional services is required under this Agreement. [ ] Builders' Risk Insurance Builders' Risk Insurance, on an All-Risk form for 100% of the completed value shall be provided. Such policy shall include as "Named Insured" the City of Denton and all subcontractors as their interests may appear. CI - 12 [ ] Commercial Crime Provides coverage for the theft or disappearance of cash or checks, robbery inside/outside the premises, burglary of the premises, and employee fidelity. The employee fidelity portion of this coverage should be written on a "blanket" basis to cover all employees, including new hires. This type insurance should be required if the contractor has access to City funds. Limits of not less than each occurrence are required. [ ] Additional Iusuraoce 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. CI-13 ATTACHMENTI ~X~ Worker's Compensation Coverage for Building or Construction Projects for Governmental Entities A. Definitions: Certificate of coverage ("certificate")-A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC- 81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project -includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in §406.096) -includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food beverage vendors, office supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any overage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the Contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the govenmental entity showing that coverage has been extended. E. The contractor shall obtain From each person providing services on a project, and provide to the governmental entity: CI - 14 1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and 2) no later than seven days afrer receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days afrer the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: 1) provide coverage, based on .proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; 2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; 3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 4) obtain from each other person with whom it contracts, and provide to the contractor: a) certificate of coverage, prior to the other person beginning work on the project; and b) anew certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; CI-15 5) retain all required certificates of coverage on file for the, duration of the project and for one yeaz thereafter; 6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and 7) contractually require each person with whom it contracts, to perform as required by pazagraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they aze providing services. J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the govemmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self- insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. CI-16 ONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other erson doin business with local overnmental entit This questionnaire reflects changes made to the law by H.B. 1491, 80th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with chapter 176 of the Local Government Code by a Date Receivetl person doing business with the governmental entity. By law this questionnaire must be filed with the records administrator of the local government not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government Code. A person commits an offense if the person violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor. 1 Name of person who has a business relationship with local governmental entity. 2 Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate fling authority not later than the 7`" business . day after the date the originally fled questionnaire becomes incomplete or inaccurate.) 3 Name of local government officer with whom filer has an employment or business relationship. Name of Officer This section, (item 3 including subparts A, B, C & D), must be completed for each off cer with whom the f ter has an employment or other business relationship as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income from the , filer of the questionnaire? Yes ~ No B. Is the filer of the questionnaire receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government off cer named in this section AND the taxable income is not received from the local governmental entity? 0 Y ~ es No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership of 10 percent or more? Yes ~ No D. Describe each affiliation or business relationship. 4 Signature of person doing business with the governmental entity Date CIQ - 1 Atlopted 0629/20W CITY OF DENTON, TEXAS Repainting the 2.0-MG High School Elevated Storage Tank BID SCHEDULE BASE BID Item Estimated Price in Extended No. Quantity Unit Descri tion and Price in Words Figures Amount 1 L.S. For Abrasive Blasting and Cleaning the Interior Tank Bowl, Wet Riser and Interior Appurtenances of the 2.0-MG High School Elevated Storage Tank and Fully Containing all Blast Material and Existing Paint Removal complete in place, the sum of m,vc fH~NOR'ro Dollars ~ iiz.~zz°'I For Painting the Interior Bowl, Wet Riser and Interior Appurtenances of the 2.0 Million Gallon 2 1 L.S. High School Elevated Storage Tank complete in place, the sum of ro cn FvF ~l.uso.~al ~ir e ,~d.ed r -rC'i Dollacs and No Cents per Lump Sum For Abrasive Blasting and Cleaning of the Complete Exterior of the 2.0 Million Gallon High School EST and Fully Containing all Blast 3 1 L.S. Material and Existing Paint Rem~ofval complete in pace, the sum of yj,rre /,//wLrr~ Dollars and ,yo Cents er Lum Sum For Painting the Complete Exterior of the 2.0 Million Gallon High School EST (Single Color 4 1 L.S.- to be Selected by Owner) complete in place, the sum of Tj^,.o and /vo -Sum Dollars as 33~.7a7 ~' 1:\Demm~p00610fi\spvs\lcA\0]-P&BS3.n11 PBS-2 BASE BID Item Estimated Price in Extended No. Quantity Unit Description and Price in Words Figures Amount For Proper Disposal of Interior and Exterior Paint Removed, together with the Abrasive 5 1 L.S. Blasting Media used during Blasting Operation complete in place, the sum of , ~e./ o uS n Dollars and n/a Cents er Lum Sum ~' /$ aoo ~ is pad ~ For Removing and Replacing the Interior "Wet" Ladders with 316 Stainless Ladders, including 6 I L.S. Safety Climb complete in place, the sum of r a. d.. Dollars and /VD e, Cents er Lum Sum .~ ~~p oa0 ~ ~ /6 000 7 1 L.S. Remove and Replace Roof Tank Vent complete in place, the sum of (~- ~tid- Dollars and .vo o~ oa Cents er Lum Sum $ Ao0 y($ooo Clean, Caulk and Seal all Roof Rafters to Roof 8 1 L.S: Plate (36 Rafters) complete in place, the sum of K du Dollars and w0 ~~ Cents er Lum Sum oao ee ,~' 6, oao Clean, Caulk and Seal all Interior Roof Plate Lap 9 1 L.S. Joints complete in place, th e sum of o U,~ / DU Dollars and jt/C ~ oa Cents per Lump Sum {i ~; 000 ' ~ ~;d°D i ~o~m~~zao5maep«.u~nwneses-z de PBS3 BASE BID Item Estimated Price in Extended No. Quantity Unit Descri lion and Price in Words Figures Amount 10 11 i (Clean, Caulk and Seal Interior Horizontal L.S. Stiffener Rings (4-Rings) complete in place, the sum of '~/r-ee Cents per Lump Sum Remove and Replace Structural Bolted Connections for Roof Rafter Bracing, as 20 Ea. required in the Field complete in place, the sum of ~t/~ Dollars e °= I .~ 3, oea °- 12 13 ~ ~ .# 9,aoa °a Dollars and o a, °_ Cents er Lum Sum ~' S o00 '~ ~ SaoD Furnish and Install a Fixed 42-Inch High 12-Foot Diameter Safety Handrail-around the Tank 14 1 L.S. Access Hatch complete in place, the sum of ~ ec~ ov d /£ r Dollars _ ~ Cents oer ~ mp Sum ~ l~ ~4 ~ ~ 1~ ~~ Remove and Replace Interior Observation Platform and Safety Rails with like size and 1 L.S. configuration complete in place, the sum of N ~N1= ouS Dollars and No Cents er Lum Sum Enlarge Roof Access Hatch and Cover to a 1 L.S. minimum 30-Inch Diameter Opening complete in place, the sum of ~~(~, a u -^-'v 1:~Drnton~2Wfi106Apas4ecM0]-P&BS-? rL PBS-4 BASE BID Item Estimated Price in Extended No. Quantity Unit Descri tion and Price in Words Figures Amount Replace 1-Inch Diameter Horizontal Painter's 15 1 L~ Rod on Exterior of Tank ~,^ complete in place, the sum of e u cwc~ / /rodr a~ Dollazs and 9Vo Cents er ~} ~-(~ ~a ~- ~~ ~ °% Performing Remedial Welding, when requested 16 40 Hrs. by the Owner complete in place, the sum of pp~ e~ r Dollars and /vo Cents er Hour (00 °= .~'.S000 Qd- Furnishing and Operating an Al] Electric Dehumidification System for the Interior Blast, 17 1 L.S. Paint and Cure complete in place, the sum of 7" uS Dollars and No ~ ~ Cents er Lum Sum ° DDD ,~ ,ZD i ed 18 1 L.S. Design and Install Cathodic Protection complete in place, the sum of v Dollars and iVO ~ ~ Cents er Lum Sum 0 Od0 0 OOi7 - For Removing and Replacing the Obstruction 19 1 L.S. Light Assembly complete in place, the sum of a o~ d usG.~ V ~ Dollars and D ~ Cents er Lum Sum 3 saa ~ ~ ~ SDD liDcmon¢OU6106Vpvs4wh\W-P&BS4.ds PBS-5 BASE BID Item Estimated Price in Extended No. Quantity Unit Descri tion and Price in Words Figures Amount For Painting the "Denton" Logo on the Exterior 20 3 Ea. of the Tank Bowl complete in place, the sum of _~jpl_~ and Cents OF BASE BID Each 1 J:\Dcmm~@OOfi I Ob~spas\ttth\07-PRBS-E.Ns PBS-6 Dollars i i i I .~ 9 6 ~ % d 2 GG7 ADDITIVE ALTERNATE Item Estimated Price in Extended No. Quantity Unit Descri lion and Price in Words Figures Amount For Abrasive Blasting and Re-Coating the Interior Skirt of the 2.0 Million Gallon High lA 1 L.S. School Elevated Storage Tank complete in place, the sum of Qn~ Cents er Lum Sum For Removing and Replacing the Interior Access Ladder from the Ground Floor to the Interior Platform, including Two New Intermediate 2A 1 L.S. Platforms complete in place, the sum of ~t/~~/~y.~ and Dollazs ea Cents er Lum Sum /Q gOd ~' .~ ~Q gQp ~ AMOUNT OF ADDITIVE ALTERNATE (Items lA Through 2A) ~ apd 8[/l/ BID SUMMARY AMOUNT OF BASE BID (Items 1 Through 20) $ 9a AMOUNT OF ADDITIVE ALTERNATE (items lA Through 2A) ; a0%~~Ij~'' TOTAL AMOUNT OF BID Base Bid + Additive Alternate $ ~3/e TOTAL PRICE IN WORDS: ~QUs N1.//~0-~ O~/c /~{,~.~~gd ~j~r¢y ~,r ~e/Snn/~ ~ y~ ~w~ C~P/CnI an ~ No~/ee A-2S is~n~m~~zoociomvu:~anw~-rees-z.~, - PBS-7 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 proposed to be done shall be accepted, when fully completed and finished in accordance with the plans and specifications, to the satisfaction of the Engineer. The undersigned certifies that the bid prices contained in this proposal have been carefully checked and aze submitted as correct and final. Unit and lump sum prices as shown for each item listed in this proposal, shall control over extensions. The undersigned agrees this bid becomes the property of the City of Denton after the official opening. The undersigned affirms that they are duly authorized to execute this contract. Vendor hereby assigns to purchaser any and all claims for overcharges associated with this contract which arise under the antitrust laws of the United States, 15 USCA Section 1 et seo., and -which arise under the antitrust laws of the State of Texas, Tex. Bus. & Com. Code, Section 15.01, et seo. Receipt is hereby acknowledged of the following addenda to the plans and specifications: AddendumNo. 1 dated Addendum No. 2 dated Addendum No. 3 dated Addendum No. 4 dated Addendum No. 5 dated 'Sea] and Authorization (If a Corporation) ~~ry'q l3 ,~ 0~ Received gr~~~i~008' Received ' j:4lcncaMrnson~2006-106 high school rn rcpvns~spcv4rch-spccWg-p&bs-].doc Received Received Received She Contractor please print name) Signature: _ ~~~ ~ ~'~~~ ~ Title: /~,t?ESiC~~n/T Street Address ~; ue® /~ ~82nS,C/,~ GBSe~- 3is~ City, County, State and Zip ~~-~ L-o7~/~ ~o~ i 719 Telephone Fax No. E-Mail Address: ~ r S_ ~'z° ~Z~L U C.tjY11, v PBS-8