2001-270 O INANCE NOR qO
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS
CONTRACT FOR THE DEMOLITION OF BUn,DINGS AND CLEARING OF LOTS,
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN
EFFECTIVE DATE (BID 2696 - DEMOLITION OF STRUCTURES SET #31 AWARDED TO
ICE CONTRACTORS, INC, IN THE AMOUNT OF $24,200)
WHEREAS, the City has solicited, and received competitive sealed bids for the construcuon
of public works or improvements in accordance with the procedures of STATE law and City
ordinances, and
WHEREAS, the City Manager or a designated employee has received and recommended that
the herein described bids are the lowest respondent for the construction of the public works or
improvements described in the bid invitation, and plans and specifications therein, NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION 1 That the following competitive sealed bid for the constructlon of pubhc works
or improvements, as described in the "Sealed Bid Invitations", or plans and specifications on file in
the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are
hereby accepted and approved as being the lowest responsible bids
BID
NUMBER ITEM CONTRACTOR AMOUNT
2696 Al J, ICE Contractors, Inc $24,200
SECTION 2 That the acceptance and approval of the above competitive sealed Nd shall not
constitute a contract between the City and the person submitting the bid for construction of such
public works or improvements herein accepted and approved, until such person shall comply with all
reqmmments specified in the Notice to Bidders mcluchng the timely execution of a written contract
and furnishing of performance and payment bonds, and insurance certificate after notification of the
award of the bid
SECTION 3 That the City Manager is hereby authorized to execute all necessary written
contracts for the performance of the construction of the public works or improvements in accordance
with the bids accepted and approved herein, provided that such contracts are made in accordance
with the Notice to Bidders and Request for Sealed Bids, and documents relating thereto specifying
the terms, conditions, plans and specifications, standards, quantities and specified sums contained
therein
SECTION 4 That upon acceptance and approval of the above competitive sealed b~ds and
the execution of contracts for the pubhc works and ~mprovements as authorized here~n, the C~ty
Council hereby authorizes the expenditure of funds ~n the manner and ~n the amount as spemfled ~n
such approved b~ds and authorized contracts executed pursuant thereto
SECTION 5 That th~s orchnance shall become effective ~mmed~ately upon ~ts passage and
approval
PASSED AND APPROVED th~s the r~ day of~ , 2001
0
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERB~~ITY ATTORNEY
BBIYD 2696- ~U:L~C W~ CONTRACTUAL ORDINANCE 7 01
ATTACHMENT 1
TABULATION SHEET
BID 2696 Date 7/17/01
DEMOLITION SET 31
VENDOR VENDOR VENDOR
ICE METROPLEX
SOUTHWEST )NTRACTORS, DIRT SVC
: CONSTRUCTORS INC
Principle Place of Business AUSTIN, TX DALLAS, TX SANGER, TX
810 ALLEN $3,900 00 $5,200 00 $4,100 00
817 WESTWAY $4,800 00 $5,000 00 $5,850 00
1115 EAGLE $4,900 00 $4,000 00 $5,400 00
1302 W OAK $8,900 00 $5,500 00 $16,800 00
1119 E OAK $4,700 00 $4,500 00 $4,800 00
TOTAL BID $27,200 00 $24,200 00 $36,950 00
CONTRACT AGREEMENT
STATE OF TEXAS §
COUNTY OF DENTON §
THIS AGREEMENT, made and entered into this 7 day of ~A D, 2001, by
and between City of Denton of the County of Denton and State of Texas, acting through
M~chael A Conduff_thereunto duly authorized so to do, hereinafter termed "OWNER," and
I.C.E. Contractors, Inc.
__ 5038 w. Ledhetter Dr.
Dallas, TX 75236
of the City of Dallaa, County of Dallas and State of Texas, hereinafter termed
"CONTRACTOR"
WITNESSETH That for and in conslderanon of the paymems and agreements
hereinafter mentmned, to be made and performed by OWNER, and under the condmons
expressed m the bonds attached hereto, CONTRACTOR hereby agrees w~th OWNER to
commence and complete performance of the work specified below
BID #2696- Demohtmn Set 31
in the amount of $24,200 and all extra work m connecnon
therewith, under the terms as stated In the General Contht~ons of the agreement, and at h~s (or
thetr) own proper cost and expense to furnish all matermls, supphes, machinery, equipment,
tools, supermtendence, labor, insurance, and other accessories and services necessary to
complete the work specified above, in accordance w~th the conditions and prices stated ~n the
Proposal attached hereto, and m accordance with all the General Conditions of the Agreement,
the Special Conditions, the Not,ce to Bidders (Advertisement for B~ds), Instructions to
Bidders, ,and the Performance and Payment Bonds, all attached hereto, and m
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accordance lwlth the plans, which includes all maps, plats, blueprints, and other drawmgs and
printed or written explanatory matter thereof, and the Spemficatlons therefore, as prepared by
City of Denton Commumty Development Block Grant Office
all of whxch are made a part hereof and collectively evidence and constitute the enttre contract
Independent Status
It xs mutually understood and agreed by and between Cxty and Contractor that
Contractor, xs an mdepandent contractor and shall not be deemed to be or considered an
employee of the Cxty of Denton, Texas, for the purposes of income tax, wxthholdmg, somal
security taxes, vacation or sick leave benefits, worker's compensatmn, or any other City
employee benefit Cxty shall not have superws~on and control of Contractor or any employee
of Contractor, and xt is expressly understood that Contractor shall perform the services
hereunder according to the attached speclflcataons at the general d~rect~on of the City Manager
of the City ~of Denton, Texas, or hts designee under th~s agreement
Indemnification
Contractor shall and does hereby agree to mdemmfy and hold harmless the Cxty of
Denton from any and all damages, loss, or habthty of any kind whatsoever, by reason of injury
to property or third persons occasmned by any error, omission or neghgent act of Contractor,
~ts officers, agents, employees, mmtees, and other persons for whom ~t is legally liable, w~th
regard to ~e performance of th~s Agreement, and Contractor will, at ~ts cost and expense,
defend andI protect the C~ty of Denton against any and all such clatms and demands
Choice of Law and Venue
Th~s agreement shall be governed by the law of the State of Texas and venue for ~ts
construction and enforcement shall he m the courts of Denton County, Texas
The CONTRACTOR hereby agrees to commence work on or after the date established
for the st~t of work as set forth m written not,ce to commence work and complete all work
within the tune stated m the Proposal, subject to such extensions of ttme as are prowded by the
General and Spemal Conditions
The OWNER agrees to pay the CONTRACTOR m current funds the price or prices
shown m the Proposal, which forms a part of th~s contract, such payments to be sublect to the
General ard Spemal Cundmons of the Contract
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IN WITNESS WHEREOF, the pames of these presents have executed this agreement
m the year and day first above wn~en
ATTEST
~ OWNER
(SEAL)
ATTEST
ICE Contractors, Inc.
CONTRACTOR
5038 l~eet Ledbetter Drive
Dallas~ TX 75236
MAILING ADDRESS
(972) 283-9060
PHONE NUMBER
(972) 296-5579
FAX NUMBER
BY
TITLE - President
Diana I. Cross
AP~E ~ ~O~ PRINTED NAME
(SEAL)
CITY
A/TTOR~(/EY' CA - 3
CITY OF DENTON
INSURANCE REQUIREMENTS FOR CONTRACTORS
Btdder's attentton ts &rected to the tnsurance requtrements below It ts htghly recommended
that bidders confer with their respective insurance carriers or brokers to determtne tn
advance of Btd submtssion the avadabdtty of msurance certtficates and endorsements as
prescribed and provtded heretn If an apparent low bidder fads to comply strictly with
ora awara, mt tnsurance requtrements shall become contractual obltgattons, w~tc~Pt;;
successful bidder shall have a duty to maintain throughout the course of thts contract
STANDARD PROVISIONS:
Wtthout hmtttng any of th~ other.ebltgetten~ or habtlrttes of the Contractor, the Contractor
shall provtde and matntatn unttl the contracted work has been completed and accepted by the
Ctty of Denton, Owner, the mtmmum tnsurance coverage as tndtcated heretnafler
As soon as practtcable after nottficatton of bid award, Contractor shall file wtth the Purchastng
Department sattsfactory certificates of insurance, contatntng the btd number and title of the
project Contractor may, upon written request to the Purchastng Department, ask for
clanficatton of any insurance requirements at any trine, however, Contractors are strongly
advtsed to make such requests prior to bid opemng, stnce the insurance requtrements may not
be mo&fled or waived after btd opemng unless a written exceptton has be~n submitted wtth the
b~d Contractor s~taIl not commence any work or dehver any material untd he or she
recetves nottf~catton that the contract has been accepted, approved, and stgned by the City of
Denton
All insurance poltctes proposed or obtatned tn sattsfactton of these requtrements shall comply
wtth the followtng general spectficattons, and shall be matntatned tn compltance wtth these
general spec~cation~ throughout the durat, on of the Contract, or longer, tf so noted
· Each pohey shall be issued by a company authorized to do business m the State of
Texas w~th an A M Best Company rat[ag of at least
· Any deductibles or self-insured retentions shall be declared m the bzd proposal If
requested by the Ctty, the maurer shall reduce or elunmate such deductibles or
self-maured retentions with respect to the Clty, Its
offlemls, agents, employees and volunteers, or, the contractor shall procure a bond
guaranteeing payment of losses and related revest[gat[OhS, claim admtmstratton and
defense expenses
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· Liability policies shall be endorsed to provide the following
*· Name as additional msured the City of Denton, ~ts Officials, Agents,
Employees and volunteers
That such insurance is prunary to any other msurance available to the
addmonal insured with respect to claLms covered under the policy and that
this insurance apphes separately to each insured against whom claan is made
or suit is brought The inclusion of more than one insured shall not operate
to increase the insurer's lumt of habfllty
· 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 10 DAYS ADVANCE WRITTEN NOTICE IS REQUIRED"
· Should any of the requrred insurance be provided under a form of coverage that
includes a general annual aggregate lumt providing for claLms investigation or legal
defense costs to be included m the general annual aggregate limit, the Contractor
shall either double the occurrence lumts or obtam Owners and Contractors
Protective Liability Insurance
· Should any reqmred insurance lapse during the contract term, requests for
payments ongmatmg 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 ~ts sole option,
termmate this agreement effective on the date of the lapse
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS
All insurance pohctes proposed or obtained tn sattsfactton of thts Contract shall addlttonally
comply wlth the following marked spectficattons, and shall be matntamed tn compltance wtth
these addtttonal spectficattons throughout the duratton of the Contract, or longer, tf so noted
~] A General Liabihty Insurance:
General hablhty insurance w~th combined smgle lumts of not less than ssoo.ooo
shall be provided and maintained by the Contractor The policy shall be written on
an occurrence basis either m a single pohcy or in a combination of underlying and
umbrella or excess policies
If the Commercial General Llabllaty form (ISO Form CG 0001 current edition) is
used
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· Coverage A shall include premises, operations, products, and completed
operations, independent contractors, contractual hablhty covering this
contract and broad form property damage coverage
· Coverage B shall include personal injury
· Coverage C, medacal payments, as not required
If the Comprehensive General Liability form (ISO Form GL 0002 Currem Edmon
and ISO Form GL 0404) is used, it shall include at least
· Bodily injury and Property Damage habfllty for premises, operations,
products and completed operataons, independent contractors and property
damage resulting from explosion, collapse or underground (XCU)
exposures
Broad form contractual habfllty (preferably by endorsement) covering this
contract, personal injury hablhty and broad form property damage
hab~hty
tx1 Automobile Liabihty Insurance
Contractor shall provide Commercml Automobile hablhty insurance with Combmed
Single Lumts (CSL) of not less than saoo.ooo either m a single pohcy or m a
combination of basra and umbrella or excess pohcles 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 reqmrement shall be in the form of a policy endorsement for
· any auto, or
· all owned, hired and non-owned autos
Ix] Workers Compensation Insurance
Contractor shall purchase and maintain Worker's Compensation insurance which, in adthuon to
meeting the mlnanum statutory requirements for issuance of such insurance, has Employer's
habthty limits of at least $100,000 for each accident, $100,000 per each employee, and a
$500,000 policy hrmt for occupational disease The C~ty need not be named as an "Addmonal
Insured" but the insurer shall agree to waive all rights of subrogaUon against the City, its
officials, agents, employees and volunteers for any work performed for the City by the Named
Insured For bmldmg or construction projects, the Contractor shall comply with the provisions
of Attachment 1 in accordance wlth §406 096 of the Texas Labor Code and role 28TAC
110 110 of the Texas Worker's Compensation Commission (TWCC)
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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 Llabdtty insurance policy
naming the City as insured for property damage and bodily injury which may arise m the
prosecution of the work or Contractor's operations under this contract Coverage shall be on an
"occurrence" baals, and the pohcy shall be ISsued by the same insurance company that carries
the Contractor's lmbthty insurance Policy lurers will be at least combined bodily injury
and property damage per occurrence with a aggregate
Fire Damage Legal Liability Insurance
Coverage IS reqmred ~f Broad form General Liability is not provided or is unavailable to the
contractor or if a contractor leases or rents a portion of a C~ty building Limits of not less than
each occurrence are reqmred
Professional Liability Insurance
Professional liability insurance wath limits not less than per claim with respect to
negligent acts, errors or onusslons m connection with professional services is required under
this Agreement ~
Broiders' Risk Insurance
Builders' Risk Insurance, on an All-Rink form for 100% of the completed value shall be
provided Such policy shall include as "Named Insured" the City of Denton and all
subcontractors as their interests may appear
Additional Insurance
Other insurance may be required on an individual basis for extra hazardous contracts and
specific service agreements If such addmonal insurance is reqmred for a speClhC contract,
that requirement will be described m the "Specific Conditions" of the contract specifications
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ATTACHMENT 1
Workerts Compensation Coverage for Building or Construction Projects for
Governmental Entities
A Defimtlons
Cemfmate of coverage Ccertlftcate")-A copy of a certificate of insurance, a
cemficate of authority to self-msnre assued by the comrmss~on, or a coverage
agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory
workers' compensation insurance coverage for the person's or enuty's employees
prowdmg serwces on a project, for the duration of the project
Duration of the project - includes the tame from the begmmng of the work on the
project until the contractor's/person's work on the project has been completed and
accepted by the governmental enUty
Persons prowdmg services on the project ("subcontractor" m §406 096) - mcludes
all persons or entrees performing all or part of the serrates the contractor has
undertaken to perform on the project, regardless of whether that person contracted
d~rectly w~th the contractor and regardless of whether that person has employees
Thts includes, w~thout ltm~tataon, independent contractors, subcontractors, leasing
companies, motor carriers, owner-operators, employees of any such entity, or
employees of any entity which furnishes persons to prowde serwces on the project
"Services" include, w~thout lnmtataon, prowdmg, hauling, or dehvermg
eqmpment or materials, or prowdlng labor, transportation, or other servace related
to a project "Serwces" does not include aCtlVat~es unrelated to the project, such as
food/beverage vendors, office supply dehvenes, and dehvery of portable toilets
B The contractor shall prowde coverage, based on proper reporting of classification
codes and payroll amounts and fihag of any overage agreements, whach meets the
statutory reqmrements of Texas Labor Code, Sectaon 401 011(44) for all
employees of the Contractor provadmg services on the project, for the duraUon of
the project
C The Contractor must prowde a certfficate of coverage to the governmental enttty
prior to being awarded the contract
D If the coverage period shown on the contractor's current cemficate of coverage
ends during the durataon of the project, the contractor must, prior to the end of the
coverage period, file a new cemficate of coverage w~th the governmental entaty
showing that coverage has been extended
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E The contractor shall obtain from each person providing services on a project, and
prowde to the governmental entity
(1) a certificate of coverage, prior to that person begannmg work on the project,
so the governmental enmy will have on file certificates of coverage showing
coverage for all persons provadmg services on the project, and
(2) no later than seven days after receipt by the contractor, a new cemficate of
coverage showing extension of coverage, if the coverage period shown on the
current eert~hcate 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 not~fy the governmental entity m writing by certified marl or
personal dehvery, within 10 days after the contractor knew or should have known,
of any change that materially affects the prows~on of coverage of any person
providing serwces on the project
H The contractor shall post on each project site a notice, m 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 w~th whom it contracts to
prowde serwces on a project, to
(1) prowde coverage, based on proper reportmg of classification codes and
payroll amounts and filing of any coverage agreements, which meets the
statutory requirements of Texas Labor Code, Section 401 011(44) for all of
~ts employees providing serwces on the project, for the duraUon of the
project,
(2) prowde to the contractor, prior to that person begmmng work on the project,
a certificate of coverage showing that coverage as being provided for all
employees of the person providing services on the project, for the duration of
the project,
(3) prowde 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 cerUflcate of coverage ends during the duraUon of the
project,
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(4) obtain from each other person with whom it contracts, and provide to the
contractor
(a) a certfficate of coverage, prior to the other person beginning work on
the project, and
(b) a new certfficate of coverage showing extension of coverage, prmr to
the end of the coverage period, ~f the coverage period shown on the
current cemficate of coverage ends during the duration of the project,
(5) retain all required certtfmates of coverage on file for the duration of the
project and for one year thereafter,
(6) notify the governmental entity m wrmng by certified mall or personal
delivery, w~thm 10 days after the person knew or should have known, of any
change that materially affects the provision of coverage of any person
prowdmg services on the project, and
(7) contractually require each person with whom ~t contracts, to perform as
required by paragraphs (1) - (7), w~th the certificates of coverage to be
provtded to the person for whom they are providing serwces
J By signing this contract or prowdmg or causing to be prowded a certificate of
coverage, the contractor ~s representing to the governmental entity that all
employees of the contractor who will provide serwces on the project will be
covered by workers' compensatmn coverage for the duration of the project, that the
coverage w~ll be based on proper reporting of class~ficatmn codes and payroll
amounts, and that all coverage agreements will be filed w~th the approprmte
insurance carnet or, m the case of a self-insured, w~th the comrmss~on's D~ws~on
of Self-Insurance Regulation Providing false or m~sleadmg mformat~on may
subject the contractor to admmistratave penalties, cramnal penalnes, civil penalties,
or other c~wl acnons
K The contractor's failure to comply w~th any of these prows~ons ~s a breach of
contract by the contractor which entitles the governmental enmy to declare the
contract vmd ~f the contractor does not remedy the breach w~thm ten days after
receipt of noUce of breach from the governmental entity
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BID NUMBER 2696 BID PROPOSALS Page 2
City of Denton, Texas 901-B Texas St
Purchasing Department Denton, Texas 76201
: 1 $5,200. O0
810 Allen
817 Westway 1 $5,ooo
1115 Eagle
5 1302W Oak 1 $5,5oo oo
6 1119 ~. Oak 1
We quote the above f o,b~ delivered to Denton, Texas Shipment can be made m ' days from receipt of order Terms net/30
unless otherwise indicated
In submitting the above btd, the vendor agrees that acceptance of any or all bid items by thc City of Denton, Texas within a reasonable
period of time constitutes a contract The complete Btd Proposa~ must be properly priced, stgned and returned
5038 Wv l, edbet;'ter Dr. Dallas. TX. 7~3~ I.C.E. r.c~n,c~-m~enr-=; Trim_
, Madras Address ~ r,. Bider/Company
City State Zip Signature
Telephone F~ N~ber PrinCe N~e
T~fle
~ent By ICE, 972 296 5579, Oct 17 01 12 15PM, Page 2/2
INaURE~ AFFORM~ ~~
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