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1996-121 ORDINANCE NO Ot~ -/~-~/ AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVDING 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 pubhc works or tmprovements 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 herem described bids are the lowest responsible bids for the construction of the public works or improvements described in the Nd invitation, bid proposals and plans and specifications therein, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS ~ That the following competmve bids for the construction ofpubhc works or improvements, as described ~n the "Bid Inwtatlons", "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 NUMBER 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 Nd for construction of such pubhc works or improvements hereto accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders ~ncluding the timely execution of a written contract and furnishing of performance and payment bonds, and insurance certificate after noUficatlon of the award of the Nd 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 w~th the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantmes and specified sums contained therein SF, CTION IV That upon acceptance and approval of the above competltwe b~ds and the execution of contracts for the pubhc works and improvements as authorized herein, the City Councd hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved b~ds and authorized contracts executed pursuant thereto SECTION V That th~s ordinance shall become effective lmmedmtely upon its passage and approval PASSED AND APPROVED this thedT'~] ~_ day of ..~p-, 1996 ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY CONTRACT DOC DATE MAY 21, 1996 ~RT TO Mayor and Members of the C~ty Councd FROM Ted Benavldes, City Manager SUBJECT BID # 1893 - DRAINAGE CHANNEL VEGETATION MANAGEMENT RECOMMENDATION: We recommend this bid be awarded to the sole respondent, Chem-Spray North, in the price of $280 00 per acre Estimated expenditure is approximately $29,932 00 SIJMMAR¥: Th~s bid is for the herbicide treatment of approximately 107 acres of vegetation growing in drmnage 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 apphcatlons will be under the direction of the Drainage Division Foreman Due to the liability risk to the contractor and the strict spemficatlon in our bid request intended to protect the environment and adjolmng 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 BACKGRDJJ31~ Tabulation Sheet PROGRAMS; DEPARTMENTS OR GROUPS AFEECTED~ Drmnage D~vlslon Operations ~kCALAM~kC~ $30,000 00 was approved in the 1995/96 budget for herbmlde treatment of drmnage areas, account #100-026-0810-8502 Respectfully submitted Ted Benhwdes City Manager Approved Name Tom D Shaw, C P M Title Purchasing Agent 7 3 5 AGENDA CONTRACT AGREEMENT STATE OF TEXAS COUNTY OF DENTON 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 "~aV~n~ thereunto duly authorized so to do, hereinafter termed "OWNER," and ~-SPRAY NO~ INC. P.O. BOX 200726 aI~T.TN6~ON~ 9~Ya-~ 76006-0726 of the city of ~, County of TARRANT and State of T~a~ , 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 - D~aTNa~A--~N~T'VEGETATIONMANAG]~ENT in the amount of 929,932-00 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 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 - i blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by CITY OF D~TON D~&TN&~R. D~&~R~T 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 thes~ presents have executed this agreement in the year and day first above written. ATTEST: ~ ~4~ ~--- /]~~ CITY OF DENTON (SEAL) (:HK~--~p~y NOR~. INC. Allen Shephard CONT~CTOR P O Box 200726 Arl,ngton, TX 76006-0726 RILING ~DRESS (817)640-0943 PHONE NUMBER (817)633-2404 F~NUMBER TITLE Secretary/Treasurer Michael B. Vasko PRINTED NME ~PROVED~~j~AS, TO FO~: (SEAL) City Attorney ~ AAA0184D Rev. 07/28/94 CA - 3 CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Bidder's attention ,s d,rected to the insurance requ,rements below it is highly recommended that bidders confer with their respective insurance carriers or brokers to determine ,n advance of Bid submission the availability of ,nsurance certificates and endorse-manta as prescribed and provided herein If an apparent ~ow bidder falls to comply strictly with the insurance requirements, that bidder may be d;squalified from award of the contract Upon bid award, ali insurance requirements shall become contractual obligations which the successful bidder shall have a duty to maintain throughout the course of this contract. STANDARD PROVISIONS: W~thout I,mltlng any of the other obhgations or hablht,es of the Contractor, the Contractor shall prowde and maintain until the contracted work has been completed and accepted by the C;ty of Denton, Owner, the m~mmum ~nsurance coverage as ,nd~cated hereinafter As soon as practicable after notification of bid award, Contractor shall f,le with the Purchasing Department satisfactory certif,cates of insurance, containing the number and t~tie of the project Contractor may, upon written request to the Purchasing Department, ask for clariflcat,on of any ~nsurance requ,rements at any t,me, however, Contractors are strongly adv,sed to make such requests prior to b;d opemng, s,nce the insurance requirements may not be modified or w~ved after opening unless a written exception has been submitted with the b~d. 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 ~nsurance pohc~es proposed or obtained ~n satisfaction of these requirements shall comply with the following general specifications, and shall be maintained comphance w,th these general specifications throughout the duration of the Contract, or longer, if so noted' · Each policy shall be ~ssued by a company authonzed to do business the State of Texas with an A M Best Company rating of at least · Any deductibles or self-insured retentions shall be declared ~n the b~d proposal If requested by the C~ty, the ~nsurer shall reduce or ehmmate such deductibles or self-~nsured retentions with respect to the C~ty, ~ts AFF006BA REVISED 08102193 Insurance Requirements Page 2 offlcmls, agents, employees and volunteers, or, the contractor shall procure a bond guaranteeing payment of losses and related invest,gat~ons, claim administration and defense expenses · L|ab~hty pohcles shall be endorsed to prowde the following e· Name as addlt,onal msured the C,ty of Denton, its Officials, Agents, Employees and volunteers · · That such ~nsurance ~s primary to any other insurance available to the additional msured w~th respect to claims covered under the policy and that this msurance apphes separately to each ~nsured against whom claim is made or su~t ~s brought The inclus~on of more than one ~nsured shall not operate to mcrease the ~nsurer's I,m~t of hab~hty · All pohcles shall be endorsed to prowde thirty(30) days prior wntten notice of cancellation, non-renewal or reduction ~n coverage · Should any of the required ~nsurance be prowded under a claims-made form, Contractor shall mamtaln such coverage continuously throughout the term of this contract and, w~thout lapse, for a period of three years beyond the contract expiration, such that occurrences arismg during the contract term which give rise to claims made after expiration of the contract shall be covered · Should any of the required ~nsurance be prowded under a form of coverage that ~ncludes a general annual aggregate hmit prowdmg for claims mvestigat~on or legal defense costs to be mcluded m the general annual aggregate hm~t, the contractor shall e~ther double the occurrence hmits or obtain Owners and Contractors Protective Lmb~hty Insurance · Should any required insurance lapse dunng the contract term, requests for payments originating after such lapse shall not be processed untd the C~ty receives satisfactory evidence of remstated coverage as required by th,s contract, effective as of the lapse date If msurance is not reinstated, City may, at its sole option, terminate th~s agreement effective on the date of the lapse Insurance Requirements Page 3 SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: All insurance policies proposed or obta,ned in satisfacuon of this Contract shah additionally comply with the following marked specifications, and shah be maintained ~n compliance w~th these additional specifications throughout the duration of the Contract, or longer, if so noted. [x] A General Liability Insurance: General Liability insurance with combined single hm~ts of not less than _ 1,onn:nm shall be provided and ma;ntamed by the contractor The policy shall be written on an occurrence basis e~ther ~n a single policy or ~n a combination of underlying and umbrella or excess policies If the Commerc;al General Liability form (ISO Form CG 0001 current edition) is used: · Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual habfl;ty covering this contract and broad form property damage coverages · Coverage B shall ~nclude personal injury. · Coverage C, medical payments, ~s not required If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) ~s 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 habfl,ty (preferably by endorsement) covering this contract, personal tnjury liability and broad form property damage hability. AFFOOBBA Insurance Requ,rements Page 4 Automobile Liability Insurance: Contractor shall prov,de Commercial Automobile Llabihty ,nsurance w~th Combined Single LIm,ts (CSL) of not less than ~,0oo,ooo either in a single policy or in a combination of basic and umbrella or excess pohcms. The pohcy will ~nclude bodily injury and property damage I,abllity ar,sing out of the operation, maintenance and use of all automobiles and mobile equspment used in conjunction with this contract. Satisfaction of the above requirement shall be ~n the form of a pohcy endorsement for: · any auto, or · all owned, hired and non-owned autos. [z] Workers Compensation Insurance Contractor shall purchase and maintain Worker's Compensation insurance which, in addmon to meeting the minimum statutory requirements for issuance of such insurance, has Employer's Lmbility limits of at least $100,000 for each accident, $100,OO0 per each employee, and a $5OO,OOO 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 C~ty, ~ts officmls, agents, employees and volunteers for any work performed for the City by the Named Insured. [ ] Owner's and Contractor's Protective Uabdity Insurance The Contractor shall obtain, pay for and maintain at all times dunng the prosecution of the work under this contract, an Owner's and Contractor's Protective Lmbslity insurance policy naming the City as ~nsured for property damage and bodily injury wh;ch may arise ~n the prosecution of the work or contractor's operations under this contract Coverage shall be on an "occurrence" basis, and the policy shall be ~ssued by the same ~nsurance company that carries the contractor's hab~hty ~nsurance. Policy limits w~li be at least combined bodily ~nlury and property damage per occurrence w~th a aggregate. Insurance Requirements Page 5 [ ] Fire Damage Legal Liability Insurance Coverage is required ~f Broad form General Liability is not prov,ded or ~s unavailable to the contractor or ~f a contractor leases or rents a port,on of a City budding. Limits of not less than each occurrence are requ;red [ ! Professional Uability Insurance Professional liability Insurance with limits not less than per clmm with respect to negligent acts, errors or om;ss~ons ~n connection w~th professional services is required under this Agreement. [ ] Builders' Risk Insurance Builders' Risk Insurance, on an Ali-Risk form for 100% of the completed value shall be provided. Such policy shall ,nclude as "Named Insured" the C,ty of Denton and all subcontractors as their ~nterests may appear ( ] Additional Insurance Other ~nsurance may be required on an individual basts for extra hazaroous contracts and specific service agreements If such add,tional insurance ,s required for a specific contract, that requ,rement w~ll be described ~n the "Specific Conditions" of the contract speclf,cations. REVISE.~ 0~/02/93 BID PROPOSALS Page ITEM DI~$C~ II~'ION QUAN PRICE AMOUNT 1 DRAINAGE CHANNEL HERBICIDE TREATMENT 101 9 ACRES PER ATTACHED SPECIFICATIONS AND D~WINGS ~er acre ADOe~o~ ~l So ~c TOTA~ ~ quo~ the a~ f o~ D~, TI=I ~iDm~t mn ~ m~e in I0 ~ ~m remlpt of order Terms tn ~l~mg the a~ bid. t~ ven~r ~ that a~D~a of any or all b~ ~te~ ~ the C~ty of Denton, Texas wlthtn a r~mmble ~rt~ of tim ~u. a ~n~ M III.I. CERTIFICATE OF INSURANCE THis CI=RTIFI~ATE'iS ISSUED AS A~' ~'=.' OF IN'oRaTION P~UC~ ONLY AND CONFER8 NO RIGH~ UPON THE CERTIFICATE Hot--n, Hoore & Company, ~nc. HOLDER THIS CERTIFICATE DOES NOTAMEND, ~END OR 820 3ord=n Street, Sutte ~0 ALTER THE COVE~GE AFFORDED BY THE POLICIES BELOW Shreveport ~ 7~101 COMPANIES AFFORDING COVE~GE Bryan ~111ts A Sawnt ~nsur~nce Services P~,~ 3~8-424-9160 B C1 ~rendon ~rtca C Texas HC Znsurance Fund Chem Spray North, Inc. P. 0. Box 130547 Tyter TX 75713 D Untied Nattonal Insurance Co. INDICATED, NO~ITHSTANDING ANY REQUIREMENT TERM OR COND~ION OF ANY CONTACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS I C~IMSM~E ~ ~CUR PE~N~&~VINJU~ ~ Included ~NER S & ~TO~ S P~ ~CH O~URRENCE S ~, 000 ~ 000 X TXC60156:t00,000 FIRE~E~Y°"eflm) $ ~ Deductible 7,500 MED~y°nepe~n) B ~ ~YAUm DSOOOOOO518g(Ope. States) 01/15/96 01/15/97 The Cttv of Oepton, ~ts o~tc~als. ~m=loyees and volunteers are Included ~n =~dt~pn=~ ~nsu~ta on =ne ~enera~ End Autom~le Liability coverages ~ars Comp ~ncludes a g~tver of subrogation as required b~ contract. ~R~IFiCA~ H~ER ~GE~TIQN 901-B Texas Street Bryan H~