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~