2006-194
ORDINANCE NO. 200r/r /11/-
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR
TEMPORARY SHORING FOR THE WAINWRIGHT PEC-4 CHANNEL; PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE (BID
3520-W AINWRIGHT PEC-4 CHANNEL TEMPORARY SHORING AWARDED TO LOWEST
RESPONSffiLE BIDDER, CRAIG OLDEN, INe. IN THE AMOUNT OF $33,616).
WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase
of necessary materials, equipment, supplies or services in accordance with the procedures ofST A TE
law and City ordinances; and
WHEREAS, the City Manager or a designated employee has reviewed and recommended that
the herein described bids are the lowest responsible bids for the materials, equipment, supplies or
services as shown in the "Bid Proposals" submitted therefore; and
WHEREAS, the City Council has provided in the City Budget for the appropriation of funds
to be used for the purchase ofthe materials, equipment, supplies or services approved and accepted
herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. The numbered items in the following numbered bids for materials, equipment,
supplies, or services, shown in the "Bid Proposals" on file in the office ofthe City Purchasing Agent,
are hereby accepted and approved as being the lowest responsible bids for such items:
BID
NUMBER
VENDOR
AMOUNT
3520
Craig Olden, Inc.
$33,616
SECTION 2. By the acceptance and approval of the above numbered items ofthe submitted
bids, the City accepts the offer of the persons submitting the bids for such items and agrees to pur-
chase the materials, equipment, supplies or services in accordance with the terms, specifications,
standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and
related documents.
SECTION 3. Should the City and the winning bidder(s) wish to enter into a formal written
agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his
designated representative is hereby authorized to execute a written contract in accordance with the
terms, conditions, specifications, standards, quantities and specified sums contained in the Bid
Proposal and related documents and to extend that contract as determined to be advantageous to the
City of Denton.
SECTION 4. By the acceptance and approval of the above enumerated bids, the City Council
hereby authorizes the expenditure of funds therefor in the amount and in accordance with the
approved bids.
SECTION 5. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this f{}(;Kdayof q~ ,2006.
~~~
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
RY~~4V-- ~l\J1,w
'\
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
BY:
3-0RD-Bid 3520
Exhibit A
BID #3520
DATE: 6/8/06
BID FOR WAINWRIGHT PEC-4 CHANNEL TEMPORARY SHORING
DESCRIPTION
Principle Place of Business:
LS Contracor's Warranties and Understandings
2
542
LF
Temporary shoring wal including reinforcement and incidentals- complete and in
place. (Sta 7+36.4: 15' right to 8+07.6; 15' right)
3
585
LF
Soil nails, including incidentals, complete and in place.
4
LS
Mobilization and demobilization
GRAND TOTAL
Schedule: Contractor mobilization not more than _ calendar days after
receipt of contract award notification.
Bid Bond
VENDOR
Craig Olden, Inc.
lillie Elm, TX
$2,000.00
$38.00
$12.00
$4,000.00
$33,616.00
7
YES
CONTRACTBYANDBET~EN
CITY OF DENTON, TEXAS AND
BID NO. 3520
THIS CONTRACT is made and entered into by and between Craig Olden, Inc. whose
address is PO Box 5000 Little Elm, Texas 75068, hereinafter referred to as "Contractor," and the
CITY OF DENTON, TEXAS, a home rule municipal corporation, hereinafter referred to as
"City," to be effective upon approval of the Denton City Council and subsequent execution of
this Contract by the Denton City Manager or his duly authorized designee.
For and in consideration of the covenants and agreements contained herein, and for the
mutual benefits to be obtained hereby, the parties agree as follows:
I.
SCOPE OF SERVICES
Contractor shall provide all labor, supervision, materials and equipment necessary for the
temporary shoring of the Wainwright PEC-4 Channel. These products and services shall be
provided in accordance with the Specifications for Bid 3520-Wainwright PEC-4 Channel
Temporary Shoring, a copy of which is attached hereto and incorporated herein as Exhibit "A"
(or on file in the office of the Purchasing Agent), and the Contractor's Bid in response thereto,
a copy of which is attached hereto and incorporated herein for all purposes as Exhibit "B". The
Contract consists of this written agreement and the following items which are attached hereto and
incorporated herein by reference:
,/
(a) Specifications for Bid 3520 Wainwright PEC-4 Channel Temporary
Shoring;(Exhibit "A" or on file in the office of the Purchasing Agent).
(b) Contractor's Bid. (Exhibit "B");
(c) Insurance Requirements. (Exhibit "C");
(d) Form CIQ - Conflict of Interest Questionnaire (Exhibit "D").
These documents make up the Contract documents and what is called for by one shall be
as binding as if called for by all. In the event of an inconsistency or conflict in any of the
provisions of the Contract documents, the inconsistency or conflict shall be resolved by giving
precedence first to the written agreement then to the contract documents in the order in which
they are listed above. These documents shaIl be referred to collectively as "Contract
Documents."
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II.
TIME OF COMPLETION
Contractor agrees and covenants that all work hereunder shall be complete within
fourteen (14) days following notice to proceed from City.
Or
III.
TERM OF CONTRACT
The initial term of this Contract shall be through completion and acceptance of the
project.
IV.
WARRANTY
Contractor warrants and covenants to City that all goods and services provided by
Contractor, Contractor's subcontractors, and agents under the Agreement shall be free of defects
and produced and performed in a skillful and workmanlike manner and shall comply with the
specifications for said goods and services as set forth in this Agreement and the Bid
Specifications attached hereto and incorporated herein as Exhibit" A"(or on file in the office of
the Purchasing Agent). Contractor warrants that the goods and services provided to City under
this Agreement shall be free from defects in material and workmanship, for a period of one (1)
year commencing on the date that City issues final written acceptance of the project.
V.
PAYMENT
Payments hereunder shall be made to Contractor following city's acceptance of the work
and within thirty (30) days of receiving Contractor's invoice for the products and services
delivered. Total compensation under this contract shall not exceed the sum of Thirty Three
Thousand Six Hundred Sixteen and 00/100 ($33,616).
Contractor recognizes that this Contract shall commence upon the effective date herein
and continue in full force and effect until termination in accordance with its provisions.
Contractor and City herein recognize that the continuation of any contract after the close of any
given fiscal year of the City of Denton, which fiscal year ends on September 30th of each year,
shall be subject to Denton City Council approval. In the event that the Denton City Council does
not approve the appropriation of funds for this contract, the Contract shall terminate at the end .of
the fiscal year for which funds were appropriated and the parties shall have no further obligations
hereunder.
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VI.
PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC
Contractor shall at all times exercise reasonable precautions for the safety of employees
and others on or near the work and shall comply with all applicable provisions of Federal, State,
and Municipal safety laws. The safety precautions actually taken and the adequacy thereof shall
be the sole responsibility of the Contractor. Contractor shall indemnify City for any and all losses
arising out of or related to a breach of this duty by Contractor pursuant to paragraph VIII.
INDEMNIFICATION and paragraph IX. COMPLIANCE WITH APPLICABLE LAWS set
forth herein.
VII.
LOSSES FROM NATURAL CAUSES
Unless otherwise specified, all loss or damage to Contractor arising out of the nature of
the work to be done, or from the action of the elements, or from any unforeseen circumstances in
the prosecution of the same, or from unusual obstructions or difficulties which may be
encountered in the prosecution of the work, shall be sustained and borne by the Contractor at its
own cost and expense.
VIII.
INDEMNIFICATION
Contractor shall release, defend, indemnify and hold the City, its elected officials, officers
and employees harmless from and against all claims, damages, injuries (including death),
property damages (including loss of use), losses, demands, suits, judgments and costs, including
attorney's fees and expenses, in any way arising out of, related to, or resulting from the services
provided by Contractor under this Agreement or caused by the negligent act or omission or the
intentional act or omission of Contractor, its officers, agents, employees, subcontractors,
licensees, invitees or any other third parties for whom Contractor is legally responsible
(hereinafter "Claims"). Contractor is expressly required to defend City against all such Claims.
In the event the City is a named party to a suit arising out of the subject matter of this
Contract, the City shall have reasonable input into the selection of defense counsel to be retained
by Contractor in fulfilling its obligation hereunder to defend and indemnify City. City reserves
the right to provide a portion or all of its own defense; however, City is under no obligation to do
so. Any such action by City is not to be construed as a waiver of Contractor's obligation to
defend City or as a waiver of Contractor's obligation to indemnify City pursuant to this Contract.
Contractor shall retain defense counsel within seven (7) business days of City's written notice
that City is invoking its right to indemnification under this Contract. If Contractor fails to retain
counsel within such time period, City shall have the right to retain defense counsel on its own
behalf, and Contractor shall be liable for all costs incurred by City.
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IX.
COMPLIANCE WITH APPLICABLE LAWS
Contractor shall at all times observe and comply with all Federal, State and local laws,
ordinances and regulations including all amendments and revisions thereto, which in any manner
affect Contractor or the work, and shall indemnify and save harmless City against any claim
related to or arising from the violation of any snch laws, ordinances and regulations
whether by Contractor, its employees, officers, agents, subcontractors, or representatives.
If Contractor observes that the work is at variance therewith, Contractor shall promptly notify
City in writing.
X.
VENUE
The laws of the State of Texas shall govern the interpretation, validity, performance and
enforcement of this Contract. The parties agree that this Contract is performable in Denton
County, Texas, and that exclusive venue shall lie in Denton County, Texas.
XI.
ASSIGNMENT AND SUBLETTING
Contractor agrees to retain control and to give full attention to the fulfillment of this
Contract, that this Contract shall not be assigned or sublet without the prior written consent of
City, and that no part or feature of the work will be sublet to anyone objectionable to City.
Contractor further agrees that the subletting of any portion or feature of the work, or materials
required in the performance of this Contract, shall not relieve Contractor from its full obligations
to City as provided by this Contract.
XII.
INDEPENDENT CONTRACTOR
Contractor covenants and agrees that Contractor is an independent contractor and not an
officer, agent, servant or employee of City; that Contractor shall have exclusive control of and
exclusive right to control the details of the work performed hereunder and all persons performing
same, and shall be responsible for the acts and omissions of its officers, agents, employees,
contractors, subcontractors and consultants; that the doctrine of respondeat superior shall not
apply as between City and Contractor, its officers, agents, employees, contractors, subcontractors
and consultants, and nothing herein shall be construed as creating a partnership or joint enterprise
between City and Contractor.
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XIII.
INSURANCE AND CERTIFICATES OF INSURANCE
Contractor shall procure and maintain for the duration of the contract insurance coverage
as set forth in the Insurance Requirements marked Exhibit "C" attached hereto and incorporated
herein by reference. Contractor shall provide a signed insurance certificate verifying that they
have obtained the required insurance coverage prior to the effective date ofthis Contract.
XIV.
HINDRANCES AND DELAYS
No claims shall be made by Contractor for damages resulting from hindrances or delays
from any cause during the progress of any portion of the work embraced in this Contract.
xv.
AFFIDAVIT OF NO PROHIBITED INTEREST
Contractor acknowledges and represents it is aware of all applicable laws, City Charter,
and City Code of Conduct regarding prohibited interests and that the existence of a prohibited
interest at any time will render the Contract voidable. Contractor has executed the Affidavit of
No Prohibited Interest, attached and incorporated herein as Exhibit "D".
XVI.
SEVERABILITY
The provisions of this Contract are severable. If any paragraph, section, subdivision,
sentence, clause, or phrase of this Contract is for any reason held to be contrary to the law or
contrary to any rule or regulation having the force and effect of the law, such decisions shall not
affect the remaining portions of the Contract. However, upon the occurrence of such event,
either party may terminate this Contract by giving the other party thirty (30) days written notice.
XVII.
TERMINATION
City may, at its option, with or without cause, and without penalty or prejudice to any
other remedy it may be entitled to at law, or in equity or otherwise under this Contract, terminate
further work under this contract, in whole or in part by giving at least thirty (30) days prior
written notice thereof to Contractor with the understanding that all services being terminated
shall cease upon the date such notice is received.
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XVIII.
ENTIRE AGREEMENT
This Contract and its attachments embody the entire agreement between the parties and
may only be modified in writing if executed by both parties.
XIX.
CONTRACT INTERPRETATION
Although this Contract is drafted by City, should any part be in dispute, the parties agree
that the Contract shall not be construed more favorably for either party.
xx.
SUCCESSORS AND ASSIGNS
This Contract shall be binding upon the parties hereto, their successors, heirs, personal
representatives and assigns.
XXI.
HEADINGS
The headings of this Contract are for the convenience of reference only and shall not
affect in any manner any of the terms and conditions hereof.
IN WITNESS WHEREOF, the parties have executed this Contract by signing below.
Date: '6/3{Olo
CITY OF DENTON, TEXAS
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Date:
~(Iolorp
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By:
CITY MANAGER
S:\prch\Contracts Documents\3520 Wainwright PEG Channel.doc
. .
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: 0Mftf!t~1 [2u;t.
APPROVED AS TO
EDWIN M. S
BY:
GAL FORM
, CITY TTORNEY
ACKNOWLEDGMENTS
STATE OF TEXAS ~
~
COUNTY OF DENTON ~
This instrument was acknowledged before me on the 3 dfA of ~
2Q06, by 7R.t1h'r f3~ ' f[iL ~Yi'
C. rotS (J/ (hill J Ill1c . a , corporation, on behalf of said corporation.
of
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ALICIA SHEEDER
Notary Public, State of Texas
My Commission Expires
January 07. 2007
dluu \M~d~
Notary Public, State of Texas
STATE OF TEXAS ~
~
COUNTY OF DENTON ~
This instrument was acknowledged before me on the I~.g;; day of ~ '
2006 by !ftf.J/Jt2IJ /)'JAL'17'-'/ , City Manager of the CITY OF D NTON, TEXAS,
a home-rule municipal corporation, on behalf of said corporation.
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lINDA HOLLEY
Notary Publjc~ S~ate of Texas
My CommIssIon Expires
December 08, 2009
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o Public, State of T s
S:\prch\Contracts Documents\3520 Wainwright PEC Channel.doc
~
EXHIBIT B
Purchasing Department
901.8 Texas St.
Denton, TX76209
(940) 349-7100
www.dentonpurchasing.com
ORIGINAL
When in Red Ink
DO NOr
COi~~mo~~ge
F/LE#.
Distribution (initials)
Bid #3520
Wainwright PEC-4 Channel
Temporary Shoring
BIDS DUE: June 8, 2006
2:00 P.M.
Bid submitted by:
C VtU~Ii1Bn, ~n::>
Company Name
4fT
TABLE OF CONTENTS
PROPOSAL FORMS ...........................................................................................................1 - 2
BID INSTRUCTIONS AND CONDITIONS ...................................................................~........3 .7
OPENING DATE, TIME, PROCEDURES, CONTACTS.................................................. 3
GENERAL CONDITIONS ..................... ................................ .... ... ................................4 -5
EVALUATION CRITERIA ......... .......... ....... ............ .......... ............ .......... ....................... 6-7
DISADVANTAGED BUSINESS ENTERPRiSES....................................................................... 8
VENDOR REFERENCES ..........................................................................................................9
SPECIAL TERMS AND CONDITIONS ...............................................................................10-11
APPENDIX A ........................................................................................................................... 12
SAFETY RECORD QUESTIONNAIRE ..................................................................13 - 15
SAMPLE CONTRACT AGREEMENT ....................................................................16 - 22
INSURANCE REQUIREMENTS ............................................................................23 - 30
CONFLICT OF INTEREST QUESTIONNAIRE............................................. 31-32
This Table of Contents is intended as an aid to bidders and not as a comprehensive listing of the
bid package. Bidders are responsible for reading the entire bid package and complying with all
specifications.
~
CITY OF DENTON
BID FOR WAINWRIGHT PEC-4 CHANNEL TEMPORARY SHORING
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TOTAL
AMOUNT
UNIT PRICE
ITEM QTY. DESCRIPTION
1
Contractor's Warranties and Understandings
'2,om.oO ILS '2oeo.CO
Unit Price in words :Ii:i.2D'/hOll ~:(i ~ D!JI f (J r:<-, "" A ,
no Lf'/lt'O
2
Temporary Shoring wall including reinforecement and incidentals-
542 complete and in olace. (Sta 7+36.4; 15' right to 8+07.8; 15' right)
3 !S'.Q{) ILF 2Q ;::;'1(",00
2
Unit Price in words1TlI(+Y. - Ei'lAhf T'xlllli ,(::,
<J
/iron
no (PAil+-'"
3
585 Soil Nails, includina incidentals, comolete and in place.
Unit Price in words f(.()iIVG Do () (J(.'" (, V'>d )
11..00 ILF I. D20cD
3
V)() ( f-Vl t':>
4
1
Mobilization and De-mobilization 4,lJCO.CQ ILS 4, (XD. CO
Unit Price in words.tfuu::1hOJ,0I1f1r,( . '[;nlll1f<; /inti nil Cents
4
SCHEDULE; Contractor mobilization not more than ~ calendar
davs fler receiot of contract award notification.
'Prices shall be bid F .O.B. Denton
-In case of calculation error, unit pricing shall prevail.
The bid prices were provided with full consideration of the specifications without
exception.
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Date
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PAGE 1 OF BID #3520
Bidder's Initial@-
~
CITY OF DENTON
BID FOR WAINWRIGHT PEC-4 CHANNEL TEMPORARY SHORING
The undersigned agrees this bid becomes the property of the City of Denton after the official
opening.
The undersigned affirms he has familiarized himself with the local conditions under which the work
is to be performed; satisfied himself of the conditions of delivery, handling and storage of
equipment and all other matters that may be incidental to the work, before submitting a bid.
The undersigned agrees, if this bid is accepted, to furnish any and all items/services upon which
prices are offered, at the price(s) and upon the terms and conditions contained in the
Specifications. The period for acceptance of this Bid Proposal will be sixty (60) calendar days
unless a different period is noted by the bidder.
The undersigned affirms that they are duly authorized to execute this contract, that this bid has not
been prepared in collusion with any other Bidder, nor any employee of the City of Denton, and that
the contents of this bid have not been communicated to any other bidder or to any employee of the
City of Denton prior to the official opening of this bid.
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 sea., and
which arise under the antitrust laws of the State of Texas, Tex. Bus. & Com. Code,
Section 15.01, et sea.
The undersigned affirms that they have read and do understand the specifications and any
attachments contained in this bid package.
NAME AND ADDRESS OF COMPANY:
~'.l~:~~'
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AUTH~
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Date to I g /01.0
Name-=.J ~('\{(y 'P:>rtJ. i
Title V\(.e 'Prcsir1mt
FaxNo.flll /-C15 2-UA-
Email.t\0ro.y @r <<Li3al.d ~n \ N) {OfY)
Tel. No. 0,12.. lq4 '5COo
COMPANY IS:
Business included in a Corporate Income Tax Return? )( YES NO
L Corporation organized & existing under the laws of the State of --I cv .a ')
Partnership consisting of
Individual trading as
Principal offices are in the city of
PAGE 2 OF BID #3520
Bidder's InitialN!l.-
~
CITY OF DENTON
BID FOR WAINWRIGHT PEC-4 CHANNEL TEMPORARY SHORING
COMPLETE SET OF ORIGINAL AND ONE (1) COpy OF EXECUTED BID PROPOSAL
MUST BE RECEIVED IN THE PURCHASING DEPARTMENT AT 901-B TEXAS ST, DENTON, TX 76209
ON OR BEFORE JUNE 8, 2006 AT 2:00 P.M.
QUESTIONS REGARDING SPECIFICATIONS MUST BE SUBMITTED IN WRITING TO THE PURCHASING OFFiCE FIVE
(5) WORKING DAYS PRIOR TO THE BID OPENING. ALL QUESTIONS SUBMITTED AFTER THAT DATE WILL NOT BE
CONSIDERED TO ENSURE ALL BIDDERS ARE GiVEN EQUAL ACCESS TO THE INFORMATION PROVIDED.
All questions regarding the bid and purchasing process should be directed to:
TOM SHAW, PURCHASING AGENT Email: Tom.shaw@cityofdenton.com
Phone: (940) 349.7100 Fax: (940) 349.7302
Directions to the Purchasing Department can be accessed at www.dentonpurchasinq.com
(Click on "Directions to our Office")
All bids, includinq a "NO BID", are due in the Purchasinq Department bv the due date, in
sealed envelopes or boxes. All bids must be clearly marked with the name of the Company
submitting the bid, the Bid Number and Date and Time of opening on the outside of the
envelope/box. Original bid must be clearly marked "ORIGINAL" and contain all original
signatures. All proposal pages must be initialed or signed where indicated. All bids will be
publicly opened at the date and time listed above or as soon thereafter as practical. The City of
Denton does not accept faxed bids.
Anv bid received after the date and/or hour set for bid openinq will be returned unopened.
If bids/proposals are sent by mail to the Purchasing Department, the bidder shall be responsible
for actual delivery of the bid to the Purchasing Department before the Cldvertised date and hour for
opening of bids. If mail is delayed either in the postal service or in the internal mail system of the
City of Denton beyond the date and hour set for the bid opening, bids thus delayed will not be
considered and will be returned unopened.
Bids may be withdrawn at any time prior to the official opening. Alterations made before opening
time must be initialed by bidder guaranteeing authenticity. Any attempt to negotiate or give
information on the contents of this bid with the City of Denton or its representatives prior to award
shall be grounds for disqualification. After the official opening, bids become the property of the
City of Denton and may not be amended, altered or withdrawn without the recommendation of the
Purchasing Agent. The approval of the City Council is required for public works projects.
The City of Denton reserves the right to accept or reject in part or in whole any bids submitted,
unless denied by the bidder, and to waive any technicalities for the best interest of the City. Any
submitted article deviating from the specifications must be identified and have full descriptive data
accompanying same, or it will not be considered. Submitted bids shall remain in force for a sixty
(60) day period after opening or until award is made; whichever comes first. In case of default
after bid acceptance, the City of Denton may at its option hold the accepted bidder or contractor
liable for any and all resultant increased costs as a penalty for such default. The City of Denton
will award the bid to the lowest responsible bidder while complying with all current state and local
laws.
The City of Denton is exempt from Federal Excise and State Sales Tax; therefore, tax must not be
included in this bid.
PAGE 3 OF BID #3520
Bidder's Initlals"'f!l-
...
CITY OF DENTON
BID FOR WAINWRIGHT PEC-4 CHANNEL TEMPORARY SHORING
The City of Denton is requesting bids for BID FOR WAINWRIGHT PEC-4 CHANNEL
TEMPORARY SHORING. All bids must be submitted on the attached Bid Proposal Form. The
City of Denton will not enter into any contract where the cost is provisional upon such clauses as
"escalator" or "cost-plus" clauses.
All bids shall specify terms and conditions of payment, which will be considered as part of, but not
control, the award of bid. City review, inspection, and processing procedures ordinarily.require
thirty (30) days after receipt of invoice, materials, or service. Bids which call for payment before
thirty (30) days from receipt of invoice, or cash discounts given on such payment, will be
considered only if, in the opinion of the Purchasing Agent, the review, inspection, and processing
procedures can be completed as specified.
Invoices shall be sent directly to the City of Denton Accounts Payable Department, 215 E
McKinney St, Denton, TX, 76201-4299. It is the intention of the City of Denton to make payment
on completed orders within thirty days after receipt of invoice or items; whichever is later, unless
unusual circumstances arise. Invoices must be fully documented as to labor, materials, and
equipment provided, if applicable, and must reference the City of Denton Purchase Order
Number in order to be processed. No payments shall be made on invoices not listing a
Purchase Order Number.
Continuinq non-performance of the vendor in terms of Specifications shall be a basis for the
termination of the contract by the City. The City shall not pay for work, equipment, or supplies that
are unsatisfactory. Vendors will be given a reasonable opportunity before termination to correct
the deficiencies. This, however, shall in no way be construed as negating the basis for non-
performance termination.
The contract may be terminated by the City upon written thirty (30) days notice prior to
cancellation.
Bids will be considered irregular if they show any omissions, alteration of form, additions or
conditions not called for, or irregularities of any kind. However, the City of Denton reserves the
right to waive any irregularities.
The City of Denton reserves the right to accept or reject in part or in whole any bids submitted,
and to waive any technicalities for the best interest of the City. Bids may be rejected, among other
reasons, for any of the following specific reasons:
1. Bids containing any irregularities.
2. Unbalanced value of any items.
3. Bid price cannot be determined based upon information provided, i.e. missing
freight charges, or other fees.
PAGE 4 OF BID #3520
Bidder's Initials\J7:3-
CITY OF DENTON
BID FOR WAINWRIGHT PEC-4 CHANNEL TEMPORARY SHORING
Bidders may be disqualified and their bids not considered for any of the following reasons:
1. Collusion exists among the Bidders.
2. Reasonable grounds for believing that any Bidder is interested in more than one Bid
for the work contemplated.
3. The Bidder being interested in any litigation against the City.
4. The Bidder being in arrears on any existing contract or having defaulted on a
previous contract.
5. Lack of competency as revealed by a financial statement, experience and
equipment, questionnaires, etc.
6. Uncompleted work, which in the judgment of the City, will prevent or hinder the
prompt completion of additional work, if awarded.
7. Any other unresolved issues with the City.
Due care and diligence has been used in preparation of this information, and it is believed to be
substantially correct. However, the responsibility for determining the full extent of the exposure
and the verification of all information presented herein shall rest solely with the proposer. The City
of Denton and its representatives will not be responsible for any errors or omissions in these
specifications, nor for the failure on the part of the proposer to determine the full extent of the
exposures.
The successful bidder may not assign their rights and duties under an award without the written
consent of the Purchasing Agent. Such consent shall not relieve the assignor of liability in the
event of default by the assignee.
Delivery date is important to the City and may be required to be a part of each bid. The City of
Denton considers delivery time to be that period elapsing from the time the individual order is
placed until that order is received by the City at the specified delivery location. The delivery date
indicates a guaranteed delivery to the City of Denton, Texas. Failure of the bidder to meet
guaranteed delivery dates or service performance could affect future City orders.
The City reserves the right to demand bond or penalty to guarantee delivery by the date indicated.
If order is given and the Bidder fails to furnish the materials by the guaranteed date, the City
reserves the right to cancel the order without liability on its part.
PAGE 5 OF BID #3520
Bidder's Initials \f1)--
CITY OF DENTON
BID FOR WAINWRIGHT PEC-4 CHANNEL TEMPORARY SHORING
Evaluation criteria shall include, but is not limited to the following:
a. Lowest responsible bidder meeting specification
b. Delivery
c. Vendor's past performance record with the City of Denton
d. City of Denton's evaluation of vendor's ability to perform
e. City of Denton's experience with products bid
f. Special needs and requirements of the City of Denton
Quantities indicated on the Bid Proposal Forms are estimates based upon the best available
information. The City reserves the right to increase or decrease the quantities to meet its actual
needs without any adjustments in the bid price. Individual purchase orders will be issued on an as
needed basis.
Any cataloq, brand name or manufacturer's reference used is considered to be descriptive--
not restrictive - and is indicative of the type and quality the City desires to purchase. Bids on
similar items of like quality may be considered if the bid is noted and fully descriptive brochures
are enclosed. If notation of substitution is not made, it is assumed vendor is bidding exact item
specified. Successful vendor will not be allowed to make unauthorized substitutions after award.
Inspection and Acceptance
The City of Denton may reject and refuse any delivery, which falls below the quality designated in
the specifications. The cost of return and/or replacement will be at the vendor's expense.
Contracts & Bonds
The successful awarded vendor will be required to sign the original contract and submit the
required insurance certificate before work is to is to commence.
o
Each proposal must be accompanied by a cashier's check, certified check or acceptable proposal
bond payable without recourse to the City of Denton, Texas in the amount not less than 5%
submitted as a guarantee that the proposer will enter into a contract and execute any required
bonds, and insurance certificate, within ten (10) days after the notification of the award of the
contract to the proposer. All bids received without the above will be rejected and considered non-
responsive.
Insurance
Bidder's attention is directed to the insurance requirements as attached on Appendix A. 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 ofthe 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.
PAGE 6 OF BID #3520 Bidder's Initials W
CITY OF DENTON
BID FOR WAINWRIGHT PEC-4 CHANNEL TEMPORARY SHORING
Contractor may, upon written request to the Purchasing Department, ask for clarification of any
insurance requirements at any time; however, Contractors are strongly advised to make such
requests prior to bid opening, since the insurance requirements may not be modified or waived
after bid opening unless a written exception has been submitted with the bid.
Contractor shall not commence any work or deliver any material until he or she receives
notification that the contract has been accepted, approved, and signed by the City of Denton.
Tax Exemption
The City of Denton qualifies for sales tax exemption pursuant to the provisions of Article 20.04 (F)
of the Texas Limited Sales, Excise and Use Tax Act. Any Contractor performing work under this
contract for the City of Denton may purchase materials and supplies and rent or lease equipment
sales tax free. This is accomplished by issuing exemption certificates to suppliers. Certificates
must comply with State Comptroller's ruling #95-0.07 and #95-0.09.
VP-
PAGE 7 OF BID #3520
Bidder's Initiais
CITY OF DENTON
BID FOR WAINWRIGHT PEC-4 CHANNEL TEMPORARY SHORING
FOR DISADVANTAGED BUSINESS ENTERPRISES ONLY
DisadvantaQed Business Enterprises (DBE) are encouraged to participate in the City of
Denton's bid process. The Purchasing Department will provide additional clarification of
specifications, assistance with Bid Proposal Forms, and further explanation of bidding procedures
to those DBEs who request it.
Representatives from DBE companies should identify themselves as such and submit a copy of
the Certification. .
The City recognizes the certifications of the State ofTexas Building and Procurement Commission
HUB Program. All companies seeking information concerning DBE certification are urged to
contact.
State of Texas HUB Program
Texas Building and Procurement Commission
PO Box 13047
Austin, TX 78711-3047
(512) 463-5872
If your company is already certified, attach a copy of your certification to this form and return with
bid.
COMPANY NAME:
REPRESENTATIVE:
ADDRESS:
CITY, STATE, ZIP:
TELEPHONE NO.
FAX NO .
Indicate all that apply:
Minority-Owned Business Enterprise
Women-Owned Business Enterprise
Disadvantaged Business Enterprise
PAGE 8 OF BID #3520
Bidder's Initials W
CITY OF DENTON
BID FOR WAINWRIGHT PEC-4 CHANNEL TEMPORARY SHORING
VENDOR REFERENCES
Please list three (3) Government references, other than the City of Denton, who can verify the
quality of service your company provides. The City prefers customers of similar size and scope of
work to this bid.
----
GOVERNMENT/COMPANY NAME: I 'i DO T
LOCATION:-LH 35 E: -' 'DrY'I1c'YI Cl1u.rd.y. !es~# r)\t1L>-DI-oili? lX'2)# If.I\D 3s.U38'o(}
CONTACT PERSON AND TITLE: SIUl Mount rorprYfrtl/)n - fll t:,.,-OI/J{1
TELEPHONE NUMBER: -.fl40. to 4f? 2. 141 .
SCOPE OF WORK: \f:>m pora.n1 :)hOri~
CONTRACT PERIOD: -UllJOlo - \ II dlJ Ofo
--
GOVERNMENT/COMPANY NAME: I ~fY'JT
LOCATION: ~ US 38:J. U(h-trYl (b1"''\\-1. 1':>3.1:1-0134-01-04-1 J ?(~* Be 2COo (12)
CONTACT PERSON AND TITLE: 8b 'he,[ \ Coo fr\)'!J( h6Yl - 'P-o~(t D Wd::AP,r
TELEPHONE NUMBER: '2. \4-. 352.. 320 \
SCOPE OF WORK: 3ft7;;1 ~'1 5hon~
CONTRACT PERIOD: J [ 2- 0 - I \/ 21 el5
.--,- -
GOVERNMENT/COMPANY NAME: I X. Co (
LOCATION:_FIY1 ?JZ\\lP rDIQ'~ ~L1~ ts~ti ~:p. ~~~ ~1S iF 2 & tt.~
CONTACTPERSONAND~ITLE: ,(is {) :~f d,1:< 0\'1 hi
TELEPHONE NUMBER: '2 \ 4. 5CJ /Po 'l3?J 2 I
- ~
SCOPE OF WORK: I Ii >'11 ~Diln
CONTRACT PERIOD: ~~I g;;r 05 - j I It, I de
PAGE 9 OF BID #3520
Bidder's Initials W
CITY OF DENTON
BID FOR WAINWRIGHT PEC-4 CHANNEL TEMPORARY SHORING
SPECIAL TERMS AND CONDITIONS
1. The following will be provided by the City of Denton:
a. Traffic Control
b. Excavation of Channel
c. Excavation dewatering
d. Construction control survey
e. Access to work site on public or private properties
f. Permission from property owner to install soil nails under foundation
g. Storage area for Contractor materials and equipment
h. Erosion controls during construction
2. The following will be provided by the Contractor:
a. If alternate design is selected, provide design plans and shop drawings certified by a
professional engineer registered in Texas at least 5 days prior to starting work.
b. All materials, labor, and incidentals to complete the work are included in the amounts
bid.
c. Construction layout survey
d. Excavation by hand or special excavation required to install or stabilize shoring system.
4. General conditions
a. Contractor shall not trespass nor work on private property prior to City granting
permission to do so.
b. Contractor agrees to coordinate operations with the City construction activities to the
benefit of both parties.
c. Contractor work hours will be Monday through Friday and coincide with the City's
normal work hours. Night, weekend and overtime work is not allowed unless special
circumstances require such work and prior approval is obtained from the City.
PAGE 10 OF SID #3520 Bidder's Initials v;z;;-
CITY OF DENTON
BID FOR WAINWRIGHT PEC-4 CHANNEL TEMPORARY SHORING
d. The bid quantities may be increased or decreased up to 20 percent without change to
the per unit amounts bid. Contractor shall be paid forthe actual quantities installed as
measured. The City's measurement takes precedence should a discrepancy arise.
e. The temporary shoring wall shall remain in place during backfilling by the City.
PAGE 11 OF BID #3520
Bidder's Inilial~
CITY OF DENTON
BID FOR WAINWRIGHT PEC-4 CHANNEL TEMPORARY SHORING
APPENDIX A
PAGE 12 OF BID #
CITY OF DENTON
BID FOR WAINWRIGHT PEC-4 CHANNEL TEMPORARY SHORING
SAFETY RECORD QUESTIONNAIRE
(Must Be Submitted With Bid Submittal)
The City of Denton desires to avail itself of the benefits of Section 252.0435 of the Local
Government Code, and consider the safety records of potential contractors prior to awarding bids
on City contracts. Pursuant to Section 252.0435 of the Local Government Code, the City of
Denton has adopted the following written definition and criteria for accurately determining the
safety record of a bidder prior to awarding bids on City contracts.
The definition and criteria for determining the safety record of a bidder for this consideration shall
be:
The City of Denton shall consider the safety record of the bidders in determining the responsibility
thereof. The City may consider any incidence involving worker safety or safety of the citizens of
the City of Denton, be it related or caused by environmental, mechanical, operational, supervision
or any other cause or factor. Specifically, the City may consider, among other things:
a. Complaints to, or final orders entered by, the Occupational Safety and
Health Review Commission (OSHRC), against the bidder for violations of
OSHA regulations within the past three (3) years.
b. Citations (as defined below) from an Environmental Protection Agency (as
defined below) for violations within the past five (5) years. Environmental
Protection Agencies include, but are not necessarily limited to, the U.S.
Army Corps of Engineers (USACOE), the U.S. Fish and Wildlife Service
(USFWS), the Environmental Protection Agency (EPA), the Texas
Commission on Environmental Quality (TCEQ), the Texas Natural Resource
Conservation Commission (TNRCC) (predecessor to the TCEQ), the Texas
Department of Health (TDH), the Texas Parks and Wildlife Department
(TPWD), the Structural Pest Control Board (SPCB), agencies of local
governments responsible for enforcing environmental protection orworker
safety related laws or regulations, and similar regulatory agencies of other
states of the United States. Citations include notices of violation, notices of
enforcement; suspension/revocations of state or federal licenses or
registrations, fines assessed, pending criminal complaints, indictments, or
convictions, administrative orders, draft orders, final orders, and judicial final
judgments.
c. Convictions of a criminal offense within the past ten (10) years, which
resulted in bodily harm or death.
d. Any other safety related matter deemed by the City Council to be material in
determining the responsibility of the bidder and his or her ability to perform
the services or goods required by the bid documents in a safe environment,
both for the workers and other employees of bidder and the citizens of the
City of Denton.
PAGE 13 OF BID #3520
,CITY OF DENTON
BID FOR WAINWRIGHT PEC-4 CHANNEL TEMPORARY SHORING
In order to obtain proper information from bidders so that City of Denton may consider the safety
records of potential contractors prior to awarding bids on City contracts, City of Denton requires
that bidders answer the following three (3) questions and submit them with their bids:
QUESTION ONE
Has the bidder, or the firm, corporation, partnership, or institution represented by the bidder, or
anyone acting for such firm, corporation, partnership or institution, received citations for violations
of OSHA within the past three (3) years?
NO 'f.
YES
If the bidder has indicated YES for question number one above, the bidder must provide to City of
Denton, with its bid submission, the following information with respect to each such citation:
Date of offense, location of establishment inspected, category of offense, final disposition of
offense, if any, and penalty assessed.
QUESTION TWO
Has the bidder, or the firm, corporation, partnership, or institution represented by the bidder, or
anyone acting for such firm, corporation, partnership or institution, received citations for violations
of environmental protection laws or regulations, of any kind or type, within the past five years?
Citations include notice of violation, notice of enforcement, suspension/revocations of state or
federal licenses, or registrations, fines assessed, pending criminal complaints, indictments, or
convictions, administrative orders, draft orders, final orders, and judicial final judgments.
NO '/
YES
If the bidder has indicated YES for question number two above, the bidder must provide to City of
Denton, with its bid submission, the following information with respect to each such conviction:
Date of offense or occurrence, location where offense occurred, type of offense, final disposition
of offense, if any, and penalty assessed.
QUESTION THREE
Has the bidder, or the firm, corporation, partnership, or institution represented by bidder, or
anyone acting for such firm, corporation, partnership, or institution, ever been convicted, within the
past ten (10) years, of a criminal offense which resulted in serious bodily injury or death?
YES
NO 'I
If the bidder has indicated YES for question number three above, the bidder must provide to City
of Denton, with its bid submission, the following information with respect to each such conviction:
Date of offense, location where offense occurred, type of offense, final disposition of offense, if
any, and penalty assessed.
PAGE 14 OF BID #3520
CITY OF DENTON
BID FOR WAINWRIGHT PEC-4 CHANNEL TEMPORARY SHORING
ACKNOWLEDGEMENT
THE STATE OF TEXAS
COUNTY OF DENTON
I certify that I have made no willful misrepresentations in this Questionnaire nor have I
withheld information in my statements and answers to questions, I am aware that the
information given by me in this questionnaire will be investigated, with my full permission, and
that any misrepresentations or omissions may cause my b' be rejected.
G<.y
VICC ?(e~-iri~nt-
Title
PAGE 15 OF BID #3520
EXHIBIT C
CITY OF DENTON
BID FOR WAINWRIGHT PEC-4 CHANNEL TEMPORARY SHORING
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 file with the Purchasing
Department satisfactory certificates of insurance, containing the bid number and title of the
project. Contractor may, upon written request to the Purchasing Department, ask for
clarification of any insurance requirements at any time; however, Contractors are strongly
advised to make such requests prior to bid opening, since the insurance requirements may
not be modified or waived after bid opening unless a written exception has been submitted
with the bid. Contractor shall not commence any work or deliver any material until he or
she receives notification that the contract has been accepted, approved, and signed by
the City of Denton.
All insurance policies proposed or obtained in satisfaction of these requirements shall comply
with the following general specifications, and shall be maintained in compliance with these
general specifications throughout the duration of the Contract, or longer, if so noted:
. Each policy shall be issued by a company authorized to do business in the State of
Texas with an A.M. Best Company rating of at least A.
. Any deductibles or self-insured retentions shall be declared in the bid proposal. If
requested by the City, the insurer shall reduce or eliminate such deductibles or
self-insured retentions with respect to the City, its officials, agents, employees and
volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and
related investigations, claim administration and defense expenses.
PAGE 23 OF BID #3520
CITY OF DENTON
BID FOR WAINWRIGHT PEC-4 CHANNEL TEMPORARY SHORING
. Liability policies shall be endorsed to provide the following:
. Name as additional insured the City of Denton, its Officials, Agents, Employees
and volunteers.
. That such insurance is primary to any other insurance available to the additional
insured with respect to claims covered under the policy and that this insurance
applies separately to each insured against whom claim is made or suit is
brought. The inclusion of more than one insured shall not operate to increase
the insurer's limit of liability.
. All policies shall be endorsed to read:
"SAID POLICY SHALL NOT BE CANCELLED, NONRENEWED OR MA TERIALL Y
CHANGE WITHOUT 30 DA YS ADVANCED WRITTEN NOTICE BEING GIVEN TO
THE OWNER (CITY) EXCEPT WHEN THE POLICY IS BEING CANCELLED FOR
NONPA YMENT OF PREMIUM IN WHICH CASE 10 DA YS ADVANCE WRITTEN
NOTICE IS REQUIRED".
. Should any ofthe required insurance be provided under a claims-made form, Contractor
shall maintain such coverage continuously throughout the term of this contract and,
without lapse, for a period of three years beyond the contract expiration, such that
occurrences arising during the contract term which give rise to claims made after
expiration of the contract shall be covered.
. Should any of the required insurance be provided under a form of coverage that
includes a general annual aggregate limit providing for claims investigation or legal
defense costs to be included in the general annual aggregate limit, the Contractor shall
either double the occurrence limits or obtain Owners and Contractors Protective
Liability Insurance.
. Should any required insurance lapse during the contract term, requests for payments
originating after such lapse shall not be processed until the City receives satisfactory
evidence of reinstated coverage as required by this contract, effective as of the lapse
date. If insurance is not reinstated, City may, at its sole option, terminate this
agreement effective on the date of the lapse.
PAGE 24 OF BID #3520
CITY OF DENTON
BID FOR WAINWRIGHT PEC-4 CHANNEL TEMPORARY SHORING
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS:
All insurance policies proposed or obtained in satisfaction of this Contract shall additionally
comply with the following marked specifications, and shall be maintained in compliance with
these additional specifications throughout the duration of the Contract, or longer, if so noted:
[Xl A. General Liability Insurance:
General Liability insurance with combined single limits of not less than $500,000
shall be provided and maintained by the Contractor. The policy shall be written on
an occurrence basis either in a single policy or in a combination of underlying and
umbrella or excess policies.
If the Commercial General Liability form (ISO Form CG 0001 current edition) is used:
. Coverage A shall include premises, operations, products, and completed
operations, independent contractors, contractual liability covering this
contract and broad form property damage coverage.
. Coverage B shall include personal injury.
. Coverage C, medical payments, is not required.
If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition
and ISO Form GL 0404) is used, it shall include at least:
. Bodily injury and Property Damage Liability for premises, operations,
products and completed operations, independent contractors and property
damage resulting from explosion, collapse or underground (XCU)
exposures.
. Broad form contractual liability (preferably by endorsement) covering this
contract, personal injury liability and broad form property damage liability.
[Xl Automobile Liability Insurance:
Contractor shall provide Commercial Automobile Liability insurance with Combined
Single Limits (CSL) of not less than }300.000 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.
PAGE 25 OF BID #3520
CITY OF DENTON
BID FOR WAINWRIGHT PEC-4 CHANNEL TEMPORARY SHORING
[X] Workers Compensation Insurance
Contractor shall purchase and maintain Worker's Compensation insurance which, in
addition to meeting the minimum statutory requirements for issuance of such
insurance, has Employer's Liability limits of at least $100,000 for each accident,
$100,000 per each employee, and a $500,000 policy limit for occupational disease.
The City need not be named as an "Additional Insured" but the insurer shall agree to
waive all rights of subrogation against the City, its officials, agents, employees and
volunteers for any work performed for the City by the Named Insured. For building or
construction projects, the Contractor shall comply with the provisions of Attachment 1
in accordance with 9406.096 of the Texas Labor Code and rule 28TAC 110.110 of the
Texas Worker's Compensation Commission (TWCC).
[ ] Owner's and Contractor's Protective Liability Insurance
The Contractor shall obtain, pay for and maintain at all times during the prosecution of
the work under this contract, an Owner's and Contractor's Protective Liability insurance
policy naming the City as insured for property damage and bodily injury which may
arise in the prosecution of the work or Contractor's operations under this contract.
Coverage shall be on an"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 1 00% 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.
[ ] Commercial Crime
PAGE 26 OF BID #3520
CITY OF DENTON
BID FOR WAINWRIGHT PEC-4 CHANNEL TEMPORARY SHORING
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 Insurance
Other insurance may be required on an individual basis for extra hazardous contracts
and specific service agreements. If such additional insurance is required for a specific
contract, that requirement will be described in the "Specific Conditions" of the contract
specifications.
PAGE 27 OF BID #3520
CITY OF DENTON
BID FOR WAINWRIGHT PEC-4 CHANNEL TEMPORARY SHORING
ATTACHMENT 1
[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 9406.096) - 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 governmental entity
showing that coverage has been extended.
E. The contractor shall obtain from each person providing services on a project, and
provide to the governmental entity:
PAGE 28 OF BID #3520
CITY OF DENTON
BID FOR WAINWRIGHT PEC-4 CHANNEL TEMPORARY SHORING
1. a certificate of coverage, prior to that person beginning work on the project,
so the governmental entity will have on file certificates of coverage showing
coverage for all persons providing services on the project; and
2. no later than seven days after receipt by the contractor, a new certificate of
coverage showing extension of coverage. if the coverage period shown on
the current certificate of coverage ends during the duration of the project.
F. The contractor shall retain all required certificates of coverage for the duration of
the project and for one year thereafter.
G. The contractor shall notify the governmental entity in writing by certified mail or
personal delivery. within 10 days after the contractor knew or should have known,
of any change that materially affects the provision of coverage of any person
providing services on the project.
H. The contractor shall post on each project site a notice, in the text, form and
manner prescribed by the Texas Workers' Compensation Commission, informing
all persons providing services on the project that they are required to be covered,
and stating how a person may verify coverage and report lack of coverage.
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 ofTexas 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, priorto the end ofthe coverage period, a new certificate
of coverage showing extension of coverage, if the coverage period shown on
the current certificate of coverage ends during the duration of the project;
4. obtain from each other person with whom it contracts, and provide to the
contractor:
a. a certificate of coverage, prior to the other person beginning work on the
project; and
b. a new certificate of coverage showing extension of coverage, prior to the end
PAGE 29 OF BID #3520
CITY OF DENTON
BID FOR WAINWRIGHT PEC-4 CHANNEL TEMPORARY SHORING
of the coverage period, if the coverage period shown on the current
certificate of coverage ends during the duration of the project;
5. retain all required certificates of coverage on file for the duration of the project
and for one year thereafter;
6. notify the governmental entity in writing by certified mail or personal delivery,
within 10 days after the person knew or should have known, of any change that
materially affects the provision of coverage of any person providing services on
the project; and
7. contractually require each person with whom it contracts, to perform as required
by paragraphs (1) - (7), with the certificates of coverage to be provided to the
person for whom they are providing services.
J. By signing this contract or providing or causing to be provided a certificate of
coverage, the contractor is representing to the governmental entity that all
employees of the contractor who will provide services on the project will be
covered by workers' compensation coverage for the duration of the project, that
the coverage will be based on proper reporting of classification codes and payroll
amounts, and that all coverage agreements will be filed with the appropriate
insurance carrier or, in the case of a self-insured, with the commission's Division of
Self-Insurance Regulation. Providing false or misleading information may subject
the contractor to administrative penalties, criminal penalties, civil penalties, or
other civil actions.
K. The contractor's failure to comply with any of these provisions is a breach of
contract by the contractor which entitles the governmental entity to declare the
contract void if the contractor does not remedy the breach within ten days after
receipt of notice of breach from the governmental entity.
PAGE 30 OF BID #3520
EXHIBIT D
(C(Q)[P)f
CONFLICT OF INTEREST QUESTIONNAIRE
For vendor or other person doing business with local governmental entity
FORM CIQ
This questionnaire is being filed In accordance with chapter .176 of the Local
.Government Code by a 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.
OFFICE USE ONLY
Date Received
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.
2J Name of person doing business with local governmental entity.
C rai~ Olcfen.-:me,.
[iT
o 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 approprlate filing authorlty not later than
September 1 of the year for which an activity descrlbed in Section 176.006(a), Local Govemment Code, Is pending and
not later than the 7th business day after the date the orlglnally filed questionnaire becomes incomplete or Inaccurate.)
un tnown
51 Describe each affiliation or business relationship with an employee or contractor of the local governmental entity who
makes recommendations to a local government officer of the local governmental entity with respect to expenditure of
money.
COY1tY~JJOY kXtU(U'-lj rpUh11C ?roJC:t .
o Describe each affiliation or business relationship with a person who is a local government officer and who appoints or
employs a local government officer of the local governmental entity that Is the subject of this questionnaire.
ti){\1Ya.-Ctor (.Ji'cU0YlJ 7 (,Gbll() ?(5~(;t.
Amended 01/1312006
-'
-r"
CONFLICT OF INTEREST QUESTIONNAIRE
FORM CIQ
For vendor or other person doing business with local governmental entity
Page 2
5
Name of local government officer with whom filer has affiliation or business relationship. (Complete this section only
If the Answer to A, B, or C Is YES.)
This section, item 5 Including subparts A, B, C & D, must be completed for each officer with whom the filier has affiliation or
business relationship. Attach additional pages to this Form CIQ as necessary. .
A. Is the local govemment officer named In this section receiving or likely to receive taxable income from the filer of the
questionnaire?
D
Yes
ao
B. Is the filer of the questionnaire receiving or likely to receive taxable income from or at the direction of the local
government officer named In this section AND the taxable Income Is not from the local govemmental entity?
Dyes
~o
C. Is the filer of this qUes1lonnaire affiliated with a corporation or other business entity that the local govemment officer
serves as an officer or director, or hoids an ownership of 10 percent or more?
Dyes
~o
D. Describe each affiliation or business relationship.
6
Describe any other affiliation or business relationship that might cause a conflict of Interest.
Yltf\G
7
({H/OIn
,
Signature of person doing busin s . he governmental entity
Date
Amended 01/1312006
07/18/2005 10:50
9722010123
MULLIS NEWBY HURST
.
..'
CERTIFICATE OF INSURANCE
IsSuE DATE' (MfNOI)(YY)
PAGE 02/02
Certiflcat.. # 52073 369 07/18/06
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND
CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE
DOES NOT AMEND. EXTEND OR ALTER THE COVERAGE AFFOROED BY THE
POLICIES BELOW.
BONDS AND INSURANCE
COMPANIES AFFORDING COVERAGE
1.6600 Ddtl~S Parkway ._ S~lite 300 . DdI\'l~, Texa~ 7524'S
972.201.0100'. www.mnhhu.otom . Fax' 97Z.201.0123
COMPANY A
LETTER
Travelers Lloyds Insurance Co,
INSURED
Crai~ Olden, Inc./'
P.O. Box 5000
Little Elm, Te><as 75068
COMPANY B
LETTl:T-I
R5Ullndemnlty Company(Swett CA}
0v.- \6!o
~\Z,~f
COMl-'ANY C
lFTTEn
Hartford Underwriters Insurance Co.
COMrw~y 0
IJ7"TTI:F1
Travel.... Indemnity Co. of Am..rica
COMI"'ANY E
LETTF~
COVERAGES
THIS IS TO CERTIFY TI-I^l THE POLICIES OF INSURANC~ LlSfED BELOW I-I^vr: BEEN lSSI)EIJ TO THE lNSUi-1ED NAMED ABOVE FOR THE F"OUCY PERIOD
INOICATED, NOTWITHSTANDING ANY REQUIAEMENT, rERM OR CQNOlnON OF ANY cONTRACT OR OTliER DOCUMrN1' WITH REspr;(;T TO WHICH TI'II:;
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. "rHE INSURANCf ^FFORDED (JY THE POLICIES OESCR1BEO I.U:':IlEIN IS SUDJr:::CI ro ALL TI-I( TI:HMS,
EXCLUSIO~S AND CONDITIONS OF SUCH POI.lCIES, liMITS SHOWN MAY HAVF..l3EEN REDUC!::O HY PAID CLAIM$.
CO
em
POl-ICY EFFECT1\1'E I'OLICY EXPIflJ\TION
DATE MMIOn(YY) DAre (Mtv\IODNY}
TYPE OF tusURANCE
POLICY NUMBEJ:l
UMrrs
CENERAL UABll
A
COMM!;:Rr.IAl GENEllAl L1A811 try
l~LAIMS MADE [XJoc.GlJ
OWNms B. CQN rJ.iACTO~S' rnOT.
10/31/05
c. _ l AGG:REGATr:: :;
10J31/06 PAOPUCT;.:.COMrvoI"AI.'l(1. .$
pl:nsgN!\I. ~ ^DV. IN,JUA'f ~;
F.:AClI OCCI)flR~"IC.E . _ .:'t:
FIR!; D~~GE (~nnr. f1mL $
MFO. EXPENSE fAn ,..np. .T!:UI'I
C()"1025C;433-TLC;~
._J~erJ?:r_oJoct AQQre,ga.t9
CAP.5409B436- TIA- 0,/'"
10/31/06
COMBINED GINGU!
MIT
10/31105
ALL OWNl:DAlITOS
S(;HEDULED AUTOS
t-IlRFDAUTOS ~ ./'
~UN-OWNED AUTOS V
G^RAG~, I I^QIUTY
I3UI III Y IN,IURY
.(P'~IX'I'l3OI1)
BODILY IN,JlIRY
(p('!r:lI::t.idcnll
PROPCnTY 11AMAGF. $
N...A215204 .
10/31105
FACIIOCq-!flfll:.NGF
10/31 r06 AGC>RCGATE
UMBnEUA Fnt4M
OTHER THAN! IMI3RRl^ FOAM
WORKER'S cOMPENSATION
ANb
EMPLOYERS' UI\l!'IUTY
46 WE QT1256 ~
10/31/0
-l ACCIDeNT
10/31/05
~:-f'Ol!r-:YllMIT
t.1ISFA;.:F.: ~CI-I EMI"l.OYF:F
OTHEFl
,
s
.
.
R 0.0.0.,000..
.
-'
,
_5OO.,D.0.0_ ..-'
1\00,0.00_ ....
DESCAJPnON OFopEAATtON$JtOCATlONSNEHICI.F.S/SPECIAL rfEMS Rt': Walnwrigl1t PEC.4 Channel, benlon. TX, RFQ # 5538""'---
~,.Citv 0{ l1~nton, It9 OfficiClI,\, A9fW~.. EmploY8e~ <Ind Vol~r5 <'ire inl~uded as Clduilion;;lllnsUfeds on i\ prlm:1ry and non-(;(JnlrJbUlory basis~r ot
Sllbfl'.)g~liCln :lpplles in f~vl)( of Ihe :lddilior1C1I in~,vr~rJ~~ald policy c.h::l1l n01 be ,...nt.Cllcd, non renewed O( m:1l~rl:3lty chE\nge with out 30 dClYs ~dv<lnr.ed wrllten
notice
Iv n to the Ownc I exce when lh ollc is. bei c;Jncelled for non <l ment of rflmiu'1'I in wh:ch caE!:! '0 e1~' I; ::Jdv:~ncg wrltLcn notlcp. I'! re uired_______
CERTIFICATE IlOLDER CANCELLATION
SHOULD ANY OF THE ABOV~ DESCRIBED POLICIES BE CANCCU_FD BEi=ORE TH~
eXPIRATION j)ATE THEREOF. THE ISSUING COMPANY WILL ENDEAVOR TO
MAIL .1Qt;:l\Ys WRITTEN NOTICE TO THE CERTIFICATE rlOlD~R NAMED TO TH~
LEFT BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
L1AI3I1JTY OF !\NY KIND UFONTl'IE COMPANY. ITS AGENTS OR REPRESENTATIVES.
C;ity of Denlon /
Attn: Julia /<linklPurchasin9 Dept.
Al.1T110AIZE'D J:l~PRE:SENTATIVE
~
.~<:t~.,
./.
..,;~. .
~1/18/2005 10:50
9722010123
MULLIS NEWBY HURST
PAGE 01/02
.
MULLIS NEWBY HURST LP
FACSIMILE TRANSMITTAL SHEET
To: Juno Klink From: Aaron Johnson
Compony: City of Denton/Purchasing Date: 7/18/2006
Fax No: 940-349-7302 TOTAL NO. Of PAGES INCLUDING COVER: 2
Phone No.: 972-201-0100
Re: fax No.: 972-201-0123
aajohnson@mnhins.com.
o URGENT o FOR REVIEW o PLEASE COMMENT o PJ.EASE RE!'T.Y o PJ.EASE RECYCLE
C-C.- - Ko.+'1 b4"11,,~ CC'^0 Bt/2 t", J T)-;} 4 '-/ ~ A~&'1
.
1 ('ifl!)O DALI.^~ )'ARKw/ty, ~UITn 31)0' D,\LI.AS. 'rX 7S:l~!l
pfIONE; 97:2-20'1~(/ltl). PAX: !J11-201.012:\
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