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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 CA- 1 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 CA - 2 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 CI - 1 · 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 CI-2 · 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) CI-3 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 CI-4 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 CI-5 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, CI-6 (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 CI-7 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~ ~~ I%~'/,01,1, ~mM~w~*m~wrmm, ,0615~