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HomeMy WebLinkAbout1996-121ORDINANCE NO 910 /9Z/ AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City has solicited, received and tabulated competitive bids for the construction of public works or improvements in accordance with the procedures of STATE law and City ordinances, and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or improvements described in the bid invitation, bid proposals and plans and specifications therein, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION i That the following competitive bids for the construction of public works or improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids BID NI TMRER CONTRACTOR AMOUNT 1893 CHEM-SPRAY NORTH $29,932 00 SECTION II That the acceptance and approval of the above competitive bids 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 requirements specified in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, and insurance certificate after notification of the award of the bid SECTION III 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 Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein SECTION IV That upon acceptance and approval of the above competitive bids and the execution of contracts for the public works and improvements as authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto SECTION V That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this theal—K day of _! 1996 JA ILLER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY B APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY __ '�4'- '31 C CONTRACT DOC DATE MAY 21, 1996 TO Mayor and Members of the City Council FROM Ted Benavides, City Manager SUBJECT BID # 1893 - DRAINAGE CHANNEL VEGETATION MANAGEMENT RECOM NDATION- We recommend this bid be awarded to the sole respondent, Chem -Spray North, m the price of $280 00 per acre Estimated expenditure is approximately $29,932 00 SUMMARY: This bid is for the herbicide treatment of approximately 107 acres of vegetation growing in drainage ditches and channels within the city limits of Denton The area is further defined as being the bottom, sides and banks to the limit of the right of way or easement Only those herbicides approved by the City of Denton, Texas Structural Pest Control Board, Texas Department of Agriculture and the EPA will be used All applications will be under the direction of the Drainage Division Foreman Due to the liability risk to the contractor and the strict specification in our bid request intended to protect the environment and adjoining property owners, it is not unusual to receive a single bid for this type project A similar contract was executed in 1994 and 1995 at $265 00 per acre BACKGROUND. Tabulation Sheet PROGRAMS, DEPARTMENTS OR GR )UPS AFFECTED- Drainage Division Operations FISCAL IMPACT. $30,000 00 was approved in the 1995/96 budget for herbicide treatment of drainage areas, account#100-026-0810-8502 Respectfully submitted Tamed Benavides City Manager Approved 1� _ Name Tom D Shaw, C P M Title Purchasing Agent 735 AGENDA i a� Q aa so 3 U Z p W g W W -z��yyy Z QZQow U ZO a LU QwQJ a }U/ � QmW QZ W O 7 G S W Q O U Q � Z W o_ o o. _-- m m O ih r 0 CONTRACT AGREEMENT STATE OF TEXAS COUNTY OF DENTON S THIS AGREEMENT, made and entered into this 21 day of MAY A.D., 19 96 , by and between CITY OF DENTON of the County of DENTON and State of Texas, acting through TED BENA IDES — thereunto duly authorized so to do, hereinafter termed "OWNER," and CHEM-SPRAY NORTH INC. P.O. BOX 200726 ARLINGTON TEXAS 76006-0726 of the City of ARLINGTON , County of TARRANT and State of TEXAS , hereinafter termed "CONTRACTOR." WITNESSETH: That for and in consideration of the payments and agr€ements hereinafter mentioned, to be made and performed by OWNER, and under the conditions expressed in the bonds attached hereto, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified below: BID # 1893 - DRAINAGE CHANNEL VEGETATION MANAGEMENT in the amount of $29 932.0o and all extra work in connection therewith, under the terms as stated in the General Conditions of the agreement; and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the work specified above, in accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), Instructions to Bidders, and the Performance and Payment Bonds, all attached hereto, and in accordance with the plans, which includes all maps, plats, CA - 1 blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by all of which are made a part hereof and collectively evidence and constitute the entire contract. 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 shall and does hereby agree to indemnify and hold harmless the City of Denton from any and all damages, loss, or liability of any kind whatsoever, by reason of injury to property or third persons occasioned by any error, omission or negligent act of Contractor, its officers, agents, employees, invitees, and other persons for whom it is legally liable, with regard to the performance of this Agreement, and Contractor will, at its cost and expense, defend and protect the City of Denton against any and all such claims and demands. 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. CA - 2 IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. ATTEST: CITY OF DENTON OWNER 00 BY (SEAL) ATTEST: CHEN-SPRAY NORTH, INC. Allen Shephard CONTRACTOR Mandy P&ers P O Box 200726 Arlington, TX 76006-0726 MAILING ADDRESS (817)640-0943 PHONE NUMBER (817)633-2404 FAX NUMBER/ II // BY /%l u�i �b� Yo/�b/G, TITLE Secretary/Treasurer Michael B. Vasko PRINTED NAME APPROVED AS TO FORM: (SEAL) City Attorney AAA0184D Rev. 07/28/94 CA- 3 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 endorse-ments 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 AFF006EA REVISED 08/02/93 Insurance Requirements Page 2 officials, agents, employees and volunteers, or, the contractor shall procure a bond guaranteeing payment of losses and related Investigations, claim administration and defense expenses • Liability policies shall be endorsed to provide the following •• Name as additional insured the City of Denton, its Officials, Agents, Employees and volunteers • • 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 provide thirty(30) days prior written notice of cancellation, non -renewal or reduction in coverage • 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 AEE006RA REVISED 08/02/93 Insurance Requirements Page 3 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. bd A General Liability Insurance: General Liability insurance with combined single limits of not less than _ 1,flnn,am 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 coverages • 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. AFF006BA REVISED 08/02/93 Insurance Requirements Page 4 W Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than 1,000,000 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. [xi 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. [ ] 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. AFMBA RMSED 081OV93 Insurance Requirements Page 5 I ] 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 [ ] 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. eFMRA REVISED WOWS BID NUMBER 1893 BID PROPOSALS Page 2 of 13 ITEM DESCRIPTION OUAN PRICE AMOUNT 1 DRAINAGE CHANNEL HERBICIDE TREATMENT PER ATTACHED SPECIFICATIONS AND DRAWINGS ADOENONM $ l ,rUTA L 101 9 ACRES so hr- $ a$0.00 per acre 2g,g3a 0 106.q A c TOTALS We quote the above f o b Denton, Texas Shipment can be made in 10 days from receipt of order Terms net union otherwise indicated In submitting the above bid, the vendor agrees that acceptance of any or all bid items by the City of Denton, Texas within a reasonable period of time conttitues a contract p 0 40y a00- A b Moiling Address A RI,I rg+wh TeX R S 16006.0- ab city) state zip (911) 640- 0143 CHEM SpttR"/ tJ o2T� , =Pjc, at r slenature, Title Tel"hono CERTIFICATE OF INSURANCE DATE (MM/DDNY) 86 05/30/96 1 PF16DUCFR MorrmanEND a Company, Inc. 820Jor n oreStreet, Shr Jordan Street, Suite 400 Shreveport LA 71101 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE OR AL ER THE COVERAGE AFFORDED BY THE POLOLDER THIS CERTIFICATE DOES NOT ICIES BELOW COMPANIES AFFORDING COVERAGE BryanWillis Br .. 3 -42 - 60 o. p y INSURED COMPANY A Savant Insurance Services COMPANY B Clarendon America COMPANY C Texas WC Insurance Fund Chem Spray North, Inc. COMPANY D United National Insurance Co. P. 0. Box 130547 Tyler TX 75713 THIS IBTO CERTIFY THAT THE POLICIES OF INSURANCE UBTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD STO IS INDICATED, NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS co L1A TYPE OF INSURANCE POUCY NUMBER PODCYEFFECTIVE DATE(MWOD/YY) POLICYEXPIRATION DATE(MM/DD/YY) LIMITS D GENERAL WBILITY X COMMERCIALGENERALUABIUTY CLAIMS MADE OCCUR OWNERS&CONTRACTORS PROT L7107509 01/15/96 01/15/97 GENERAL AGGREGATE s2 000,000 PRODUCTS COMP/OPAGG B Included PERSONAL&ADV INJURY c Included EACH OCCURRENCE $1, 000 O00 FIRE DAMAGE (Any one Poe) $ X TXC60156: 100,000 MED EXP (Any one person) $ X Deductible 7.500 B AUTOMOBILE LIABILITY ANY AUTO ALLOWNEDAUTOS SCHEDULED AUTOS DS0000005189(0pen States) DS0000005191(Texas) 01/15/96 01/15/96 01/15/97 01/15/97 COMBINED SINGLE UNIT S X BODILY INJURY (Per pawn) $1.000,000 X HIRED AUTOS NON -OWNED AUTOS BODILY INJURY (Per acclde" S X PROPERTY DAMAGE $ GARAGE LIABIUTY ANY AUTO AUTOONLY EAACCIDENT $ OTHER THAN AUTO ONLY EACH ACCIDENT _ S AGGREGATE S EXCESS LIABILITY UMBRELLA FORM EACH OCCURRENCE S AGGREGATE i $ OTHER THAN UMBRELLA FORM A WORKERS COMPENSATION AND EMPLOYERS UABILITY X ETATUTORY UNITS EACH ACCIDENT $500,000 DISEASE POUCY LIMIT $500,000 THE PROPRIETOR/ INCL PARTNERWEXECUTIVE OFFICERS ARE EXCL TSFOO128694 - Texas WC039280 - Louisiana 11/06/96 01/15/96 11/06/97 01/15/97 DISEASE EACH EMPLOYEE $500,000 OTNER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLEWSPECIAL ITEMS The (C�iitt}}' of a ton, its of{ieials, m 1 es andd o1 t are included as requidredigyaQ �truartd on the an anSy�MtDmobi�e ��ag�S ty coverages as Workers Comp includes a waiver of subrogation as ra uired b contract. O2RTIFICATE HOLDER CANCELLATION CITYDE1 SHOULD ANY OF THE ABOVE DESCRIBED POUCHES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL City of Denton 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT Attn. Purchasing Department 901-B Texas Street Denton TX 76201 BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OFANYKIND ON THE COMPANY ITS AGENTS OR REPRESENTATIVES AUTHOm7EDR ESENTATWE ACORD 2" (W" Bryan W OACORO CORPORATION 1093