2007-259ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR
AUTHORIZING, AND APPROVING THE EXPENDITURE OF FUNDS, FOR THE
PURCHASE OF A SEEPEX PROGRESSIVE CAVITY CAKE PUMP FROM
TREATMENT EQUIPMENT COMPANY WHICH IS AVAILABLE FROM ONLY
ONE SOURCE IN ACCORDANCE WITH THE PERTINENT PROVISIONS OF
CHAPTER 252 OF THE TEXAS LOCAL GOVERNMENT CODE EXEMPTING
SUCH PURCHASES FROM THE REQUIREMENTS OF COMPETITIVE BIDDING;
AND PROVIDING AN EFFECTIVE DATE (FILE 3917-PROGRESSIVE CAVITY
CAKE PUMP FOR PECAN CREEK WATE RECLAMATIONPLANT IN THE
AMOUNT OF $]79,775).
WHEREAS, Section 252.022 of the Local Government Code provides that
procurement of items that are only available from one source, including; items that are
only available from one source because of patents, copyrights, secret processes or natural
monopolies; films, manuscripts or books; electricity, gas, water and other utility
purchases; captive replacement parts or components for equipment; and library materials
for a public library that are available only from the persons holding exclusive distribution
rights to the materials; need not be submitted to competitive bids; and
WHEREAS, the City Council wishes to procure one or more of the items
mentioned in the above paragraph; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The following purchase of materials, equipment or supplies, as
described in the "File" listed hereon, and on file in the office of the Purchasing Agent,
and the license terns attached are hereby approved:
FILE
NUMBER VENDOR AMOUNT
3917 Treatment Equipment Company $179,775
SECTION 2. The acceptance and approval of the above items shall not
constitute a contract between the City and the person submitting the quotation for such
items until such person shall comply with all requirements specified by the Purchasing
Department.
SECTION 3. The City Manager is hereby authorized to execute any contracts
relating to the items specified in Section 1 and the expenditure of funds pursuant to said
contracts is hereby authorized.
SECTION 4. This ordinance shall become effective immediately upon its
passage and approval.
PASSED AND APPROVED this the day of&k-2007.
M
PER McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
r
BY.
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
BY:
3-ORD-I'' 3917
CONTRACT AGREEMENT
STATE OF TEXAS
§ COUNTY OF DENTON §
THIS AGREEMENT, made and entered into this 6th day of November A.D., 2007, 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,
hereinafter termed "OWNER," and
Treatment Equipment Company
6220 Campbell Road Suite 101
of the City of Dallas, County of Dallas and State of Texas hereinafter termed
"CONTRACTOR."
WITNESSETH: That for and in consideration of the payments and agreements hereinafter
mentioned, to be made and performed by OWNER, and under the conditions expressed in the bonds
attached hereto, CONTRACTOR hereby agrees with OWNER to commence and complete
performance of the work specified below:
Proposal 061226 Installation of Progressive Cavity Cake Discharge Pump at Pecan Creek
Water Reclamation Plant in the amount of $179,775.00 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-famish-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 file in the office of the Purchasing
Agent, and in accordance with all local, 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 prepared by:
Chiang, Patel and Yeeby. Inc.
all of which are referenced herein and made a part hereof and collectively evidence and constitute
the entire contract.
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File 3917 Cavity Cake Pump for PCWRP
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.
The CONTRACTOR hereby agrees to commence work on or after the date established for
the start of work as set forth in written notice to commence work and complete all work within the
time stated in the Proposal, subject to such extensions of time as are provided by the General and
Special Conditions.
The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown
in the Proposal, which forms a part of this contract, such payments to be subject to the General and
Special Conditions of the Contract.
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File 3917 Cavity Cake Pump for PCWRP
Right to Audit
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 written 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 bome 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.
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File 3917 Cavity Cake Pump for PCWRP
IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the
year and day first above written.
A'
City of Denton
OWNS
BY:
(SEAL)
CONTRACTOR
TREATMENT EQUIPMENT COMPANY
6220 Campbell Road, Suite 101
Dallas, TX 75248
972-931-1116 Fax 972-931-0103
MAILING ADDRESS
APPROVED AS TO FORM:
L.
Y ATTORNEY
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PHONE NUMBER
q7;- g3/ 0/03
FAX NUMBER
BY:V cSJDrti_~
TITLE
PRINTED NAME
(SEAL)
File 3917 Cavity Cake Pump for PCWRP
Bond No. 4365713
PERFORMANCE BOND
STATE OF TEXAS
COUNTY OF DENTON
KNOW ALL MEN BY THESE PRESENTS: That Treatment Equipment Company whose
address is 6220 Campbell Road Suite 101 Dallas, Texas 75248 hereinafter called Principal, and
SureTec Insurance Company , a corporation organized and existing under the laws
of the State of Texas , 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, in the penal
sum of One Hundred Seventy Nine Thousand Seven Hundred Seventy Five and 0/100-DOLLARS
(U19,775 .00j41us ten percent of the stated penal sum as an additional sum of money representing
additional court expenses, attorneys' fees, and liquidated damages arising 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 2007-259, with the City of Denton,
the Owner, dated the 6th day of November A.D. 2.007-16 'Copy of which is hereto attached and
made a part hereof, for Proposal 061226-Installation of Progressive Cavity Cake Discharge Pump at
City of Denton Pecan Creek Water Reclamation Plant.✓
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
truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any
and all duly authorized modifications of said Contract that may hereafter 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) years 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.
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Filc 3917 Cavity Cake Pomp for PCWRP
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, 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 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 4 copies, each one of which shall
be deemed an original, this the 6th day of November, 2007
ATTEST:
WITNESS:
BY:
Sandy Ron ft, Agency Representative
PRINCIPAL
Treatment Equipment Company
BY:
RESIDENT, Bruce Smith
SURETY
1
SureTec Insurance Company
BY:
ATTORNEY-IN-FACT y~
Carolyn J. Goodenough %
The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the,
process is:
NAME: Ray Watson Mullis Newby Hurst LP
STREET ADDRESS: 5057 Keller Springs Rd., Ste 400, Addison TX 75001
(NOTE: Date of Performance Bond must be date of Contract. If Resident Agent is not a corporation, give a
person's name.)
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File 3917 Cavity Cake Pump for PCWRP
V ~W
.~~SQ
Bond No. 4365713
PAYMENT BOND
STATE OF TEXAS
COUNTY OF DENTON
KNOW ALL MEN BY THESE PRESENTS: That Treatment Equipment Company%'__'~
whose address is 6220 Campbell Road Suite 101 Dallas . Texas 75248, hereinafter called
Principal, and SureTec Insurance Company r/ a corporation organized and existing
under the laws of the State of Texas 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
($179,775.OWn 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, fimtly 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 2007-259, with the City of Denton,
the Owner, dated the 6th day of November A.D. 2007✓a copy of which is hereto attached
and made a part hereof, for Proposal 061226-Installation of Progressive Cavitv Cake Discharee
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 or addition to the terms of the Contract, or to the Work to
be performed thereunder, or to the Plans, Specifications, Drawings, etc.
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File 3917 Cavity Cake Pump for PCWRP
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, Vernon's Annotated Civil Statutes of the State of Texas.
IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of which shall
be deemed an original, this the 6th day of November 2007✓.
ATTEST:
ARY
XA7AX9VM
WITNESS:
BY: 5i 0.. e
Sandy Roney, gency Repr sentative
PRINCIPAL
BY:
PRESIDENT , Bruce Smith
SURETY
SureTec Insurance Company
BY: - -
ATTORNEY-IN-FACT
Carolyn J. Goodenough
The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of fire
process is:
NAME: Ray Watson Mullis Newby Hurst, LP
STREET ADDRESS: 5057 Keller Springs Rd., Ste 400, Addison TX 75001
(NOTE. Date of Payment Bond must be date of Contract. If Resident Agent is not a corporation,
give a person's name.)
PB -4
File 3917 Cavity Cake Pump for PCWRP
A,
0 Boa
5P
eon x: 4221 127
SureTec Insurance Company
LIMITED POWER OF ATTORNEY
Know All Men by These Presents, That SURETEC INSURANCE COMPANY"Company"), a corporation duly organized and
existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents
make, constitute and appoint
Sammy Joe Mullis, Jr., John William Newby, Wilbert Raymond Watson, Patricia Lee Bartlett, Carolyn J. Goodenough, Troy Russell Key, Sandra Lee Roney
of Addison , Texas its true and lawful Attorney(s)-in-fact, with full power and authority hereby conferred in its name, place and stead, to
execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to
include waivers to the conditions of contracts and consents of surety, providing the bond penalty does not exceed
Five Million and no/100 Dollars ($5,000,000.00)
and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate
seal of the Company and duly attested by its Secretary, hereby ratifying and coyfirming all that the said Altomey(s)-in-Fact may do in the
premises. Said appointment shall continue in force until 12/31/08✓ and is made under and by authority of the following
resolutions of the Board of Directors of the Sure I'ec Insurance Company:
Be it Resolved, that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is
hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on
behalf of the Company subject to the following provisions: -
Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and
deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all
notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such
Attomey-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary.
Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or
any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid
and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20 of April,
/999)
In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal
to be -heteio affixed this 20th day of June, A.D. 2005.
` / SVppNC6 RETEC INS CE COMPANY
m°,~ X S gl~ By:
a~ m 5 lit BiII Icing, re nt
State (f texas ss: p~\~•Y¢}
COl'nty of H3rT15 -,..•6
....p*~~III
Ja this 20th day of June, A.D. 2005 before me personally came Bill King, to me known, who, being by me duly sworn, did depose and say, that he
residers in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above
instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the
Board of Directors of said Company; and that he signed his name thereto by like order.
Michelle Denny
mtryT 1
• • SkaleWTaxoll
rea~c+P ~ mmisdon eii
Michelle Denny, Notary Pub is
AUgUSf 27, 2008 My comrrrission expires August 27, 2008
1, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy
of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set
out in the Power of Attorney are in full force and effect. -
Given under my hand and the seal of said Company at Houston, Texas this 6th day of November , 2093 A.D.
M. Brent Beaty, Assist4S,,;Any instrument issued in excess of the penalty stated above is totally void and without any validity.
For verification of the authority of this power you may call (713) 812-0800 any business day between 8:00 am and 5:00 pm CST.
~i~
SureTec Insurance Company
THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION
Statutory Complaint Notice
To obtain information or make a complaint: You may call the Surety's toll free telephone
number for information or to make a complaint at: 1-866-732-0099. You may also write to the
Surety at:
SureTec Insurance Company
5000 Plaza on the Lake, Suite 290
Austin, TX 78746
You may contact the Texas Department of Insurance to obtain information on companies,
coverage, rights or complaints at 1-800-252-3439. You may write the Texas Department of
Insurance at
PO Box 149104
Austin, TX 78714-9104
Fax#: 512-475-1771
PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or
about a claim, you should contact the Surety first. If the dispute is not resolved, you may
contact the Texas Department of Insurance.
Terrorism Risks Exclusion
The Bond to which this Rider is attached does not provide coverage for, and the surety shall
not be liable for, losses caused by acts of terrorism, riot, civil insurrection, or acts of war.
Exclusion of Liability for
Mold, Mycotoxins, Fungi & Environmental Hazards
The Bond to which this Rider is attached does not provide coverage for, and the surety
thereon shall not be liable for, molds, living or dead fungi, bacteria, allergens, histamines,
spores, hyphae, or mycotoxins, or their related products or parts, nor for any environmental
hazards, bio-hazards, hazardous materials, environmental spills, contamination, or cleanup,
nor the remediation thereof, nor the consequences to persons, property, or the performance
of the bonded obligations, of the occurrence, existence, or appearance thereof.
Texas Rider 010106
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 no_tificat_io_n_ 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, ifso 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.
File 3917 Cavity Cake Pump for PCVW
• 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
MATERIALLY CHANGE WITHOUT 30 DAYS ADVANCED WRITTEN NOTICE
BEING GIVEN TO THE OWNER (CITY) EXCEPT WHEN THE POLICY IS
BEING CANCELLED FOR NONPAYMENT OF PREMIUM IN WHICH CASE IO
DAYS ADVANCE WRITTEN NOTICE IS REQUIRED".
• Should any of the required insurance be provided under a claims-made form, Contractor
shall maintain such coverage continuously throughout the term of this contract and,
without lapse, for a period of three years beyond the contract expiration, such that
occurrences arising during the contract term which give rise to claims made after
expiration of the contract shall be covered.
• Should any of the required insurance be provided under a form of coverage_that
includes a general annual aggregate limit providing for claims investigation or legal
defense costs to be included in the general annual aggregate limit, the Contractor shall
either double the occurrence limits or obtain Owners and Contractors Protective
Liability Insurance.
• Should any required insurance lapse during the contract term, requests for payments
originating after such lapse shall not be processed until the City receives satisfactory
evidence of reinstated coverage as required by this contract, effective as of the lapse
date. If insurance is not reinstated, City may, at its sole option, terminate this
agreement effective on the date of the lapse.
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:
File 3917 Cavity Cake Pump for PCWRP
[X] 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.
[X] 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.
[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
File 3917 Cavity Cake Pump for PCWRP
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).
[ ] 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.
[ ] 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.
File 3917 Cavity Cake Pump for PCWRP
[ ] 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.
File 3917 Cavity Cake Pump for PCWRP
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 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:
File 3917 Cavity Cake Pump for PCWRP
(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.
1. 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_ c_oyerage__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) a certificate of coverage, prior to the other person beginning work on the
project; and
File 3917 Cavity Cake Pump for PCWRP
(b) a new 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;
(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.
File 3917 Cavity Cake Pump for PCV["
Attachment I
Manufacturer's Representative since 1985
Proposal # 061226, Revised
Dear Mr. Willard, October 15, 2007.
Treatment Equipment Company is pleased to offer the following products and services:
• One (1) Seepex Progressive Cavity Cake Discharge Pump, Model BTHE 70-24,
• 280'Feet of discharge piping w/ necessary bend and support components
• Custom Installation. Mechanical, Electrical, & Plumbing.
Total turn key project installation for the City of Denton, Pecan Creek 179,775.00
Seepex offers their custom cake discharge pump model BTHE 70-24 the transport the dewatered cake from the existing Two (2)
Andritz Belt Filter Presses. This unit will be fed from the existing open belt conveyor and will operate at - 90 gpm Q 122 rpm.
This unit will be rigid mounted underneath the existing conveyor and Seepex will supply the appropriate discharge chute and
containment hopper. Start up and training service are included.
Please see the attached spec data sheets for product specific details.
Treatment Equipment Company will supply 280' of Carbon Steel pipe, primed for painting. All piping will be 12" diameter Sch
40 , A53 Grade B glass lined and flanged. Quantity Four (4) 12" 45 degree pipe angles will be provided, same material as the
piping. All necessary hardware, gaskets sets, and pipe support saddles will be provided, galvanized coated.
Custom installation will include, but not limited to, the following:
• Seepex cake pump and panel installation w/ all necessary hook ups and connections
• Complete electrical connection from main power MCC to pump
• Conduit run for all wire terminations
• Demo and set aside existing chemical feed equipment
• Core a hole through existing sludge dewatering building wall to pass flanged piping through
• Repair and secure piping through the wall
• Lay and install - 280' of discharge piping, above ground
Install multiple pipe support anchor bases, as big as but not limited to;
o 24" x 24" 8"
• Install and support the discharge piping with the supplied galvanized pipe supports
• Piping to follow existing road contour and up to discharge dewatered cake into a new truck load out area
• Site clean up and equipment check out will be provided
• Start up and training service will be provided.
Thank you for allow Treatment Equipment Company the opportunity to provide you with pricing options.
If you have any questions, please contact me.
Regards,
. -Treatment Equipment Compauy-
- 6220 Campbell Road, Suite 101 - Dallas, TX - 75248 -
Visit us and our numufwturer's at w .MU.com
s
Attachment 1
Manufacturer's Representative since 1985
Keith Vierra
Treatment Equipment Company
- Treatment Equipment Company -
6220 Campbell Road, Suite 101 - Dallas, TX - 75248 -
Visit us end ow manufacturer's at m tem com