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1990-1912651L-3/3689 ORDINANCE NO. 6 " 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 therefore; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the following competitive bids for the construction o 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 NUMBER CONTRACTOR AMOUNT 1173 Hurricane Fence Co. $ 22,569.00 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, after notifi- cation 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 the ktl day of 1990. ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: I PAGE 2 j. CONTRACT AGREEMENT STATE OF TEXAS COUNTY OF T .XAS ) qo - lq l THIS AGREEMENT,. made and entered into this 11 day of DECEMBER A.D., 1990 , by and between THE CITY OF DENTON of the County of DENTON and State of Texas, acting through LLOYD V. HARRELL thereunto duly authorized so to do, hereinafter termed "OWNER," and HURRICANE FENCE-C0. , 2218 FORT wnRTII nur 7F nv ,m TE° 76705 of the City of DENTON , County of nFNTnN and State of TEXAS , hereinafter termed "CONTRACTOR.' WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by OWNER, and under the conditions expressed in the bonds bearing even date herewith, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified below: BID $1173 - EVERS PARK BACKSTOP FENCIN IN THE AMOUNT OF $29,569-00 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 In~ Bidders, and-the-PerEocmaflee and-kaye -4o4i4., all attached hereto, and in n accordance with the plans, which includes all maps, plats, blueprints, and CA-1 0114s other drawings and printed or written explanatory matter thereof, and the specifications therefore, as prepared by CITY OF DENTON ENGINEERING STAFF , 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 0114s IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. ATTEST: n Y p r. GATTEST:-' 71 (SEAL) HURRICANE FENCE COMPANY CONTRA//~~CTOR BY 'U~iAillAa.//i/~?% Ti le (SEAL) v f ~ _~J1 CA-3 0114s INSURANUE MINIMUM REQ 'INSURANCE : Without limiting any of the other. obligations or liabilities of the contractor, the Contractor shall provide and maintain until the contracted work and/or material has been completed/delivered and accepted by the City of Denton, Owner, the minimum insurance. coverage as indicated hereinafter. Satisfactory certificate(s) of insurance shall be filed with the Purchasing Department prior to starting any construction 'work or activities to. deliver material on this Contract. The certificate(s) shall state that thirty (30) days advance written notice will be given to the owner before any policy covered thereby is changed or cancelled. The bid number and title of the project should be indicated, and the City of Denton should also be listed on all policies as an additional named insured. . To avoid any undue delays, it is worth reiterating that: o Thirty (30) days advance written notice of material change or cancellation shall be given; o The City of Denton shall be an additional named insured on all policies. I. WORKMEN'S COMPENSATION AND EMPLOYER'S LIABILITY. This insurance shall protect the Contractor against all claims under applicable state workmen's compensation- laws. The Contractor shall also be protected against claims for injury, disease, or death of employees which, for any reason, may not fall within the provisions of a workmen's compensation law. The liability limits shall not be less than: o Workmen's Compensation - Statutory o Employer's Liability - Statutory II. COMPREHENSIVE AUTOMOBILE LIABILITY. This insurance shall be written in comprehensive form and shall protect the Contractor against all claims for injuries to members of the public and damage to property of others arising from the use of motor vehicles licensed for highway use, whether they are owned,.nonowned, or hired. The liability limits shall not be less than: o A combined single limit of $500,000.00 III. COMPREHENSIVE GENERAL LIABILITY. This insurance shall: be written in comprehensive form and shall protect the Contractor against all claims arising from injuries to members of the public or damage to property of others arising out of any act or omission of the Contractor or his agents, employees or subcontractors. CI - 1 To the extent the Contractor's work, or work under his direction, may require blasting, explosive conditions, or underground operations, the comprehensive general liability coverage shall contain no exclusion relative to blasting, explosion, collapse of buildings, or damage to underground property, The liability limits shall not be less than: o A combined single limit of $500000.00 IV. OWNER'S PROTECTIVE LIABILITY INSURANCE POLICY. This insurance shall provide coverage for the Owner and its employees, in the name of 'the City of Denton, for liability that may be imposed. arising out of the work being performed by the Contractor. This also includes liability arising out of the omissions or supervisory acts of the Owner. Although this insurance is strictly for the benefit of the Owner, the Contractor is responsible for obtaining it at his expense. The liability limits shall not be less than-: o A combined single limit of $500,000.00 INSURANCE SUMMARY: The Contract 'shall provide insurance to cover operating hazards during the period of placing the facility in operation and during testing-, and until-such time as-the facilities are completed and accepted for operation by the owner and written notice of -that fact has been issued by the Owner. Approval of the insurance by the Owner shall not in any way relieve or decrease the liability of the Contractor hereunder. It is expressly understood that the Owner does not in any way represent that the specified limits of liability or coverage or policy forms are sufficient or adequate to protect the interest or liabilities of the Contractor. Again, the Owner shall be given a certificate of insurance indicating that all of the above policies and the appropriate limits are indeed enforced. The certificate shall also indicate that the owner will be given at least thirty (30) days written notice of cancellation, non-renewal, or material change of the required insurance coverage. All responsibility for payment of any sums resulting from any deductible provisions, corridor or self-insured retention conditions of the policy or policies shall remain with the 'Contractor. The Contractor shall not begin any work until the owner has reviewed and approved the insurance certificates and so notified the Contractor directly in writing. Any notice to proceed that is issued shall be subject to such approval by the Owner. CI - 2 Name and Address of Agency City of Denton Reference: Project Name: Phone Name and Address of Insured: Phone This is to certify. that: 2) The City of Denton is -ompany _etter Type of Insurance Expiration Limits of Liability Pnlirv mlmhdn n~~. 1) Policies of insurance listed below have been issued and are in force at this time. listed as an additional insured as to all applicable coverage. inuu~duuz, uuu Comprehensive General Liability - Occurrence Occurrence - Claims made (see #4-Page CI-4) Bodily Injury j Broad Form to Include: - Premises/Operations Property Damage f - Independent Contractors - Products/Completed Operations - Personal injury Bodily injury and Property - Contractual Liability(see #3-Page CI-4) Bodily Combined f - Explosion and Collapse Hazard - Underground Hazard - Liquor Liability Coverage - Fire Legal Liability (see #5-Page CI-4) - Broad Form Property Damage - Professional Errors/Omissions - occurrence - claims made (see #4-Page CI-4) Comprehensive Automobile Liability Bodily Injury/Person f Bodily Injury/Accident 3 - Owned/L eased es - Non-owned Automobiles Hi d A Property Damage = - re utomobiles dily Injury/Property to Damage Combined = - Workers' Compensation and Employers' Liability Statutory Amount eac acct ent - Owners' Protective Liability _ Other Insurance ]ascription of Operations/locations/Vehicles. Each policy shall require thirty (30) days notice of cancellation, non-renewal, or material change in coverage. (See #2, Page CI-4). name and address of Certificate Holder. :ITY OF DFNTON, TEXAS 'URCHASING AGENT 101-8 TEXAS ST. IFNION;-IEXAS `15201 Project No: Project Location: Managing Dept: Companies Affording Coverage: A B C AUIIIORIZED REPRESENTAi1V - SEE DEFINITIONS - 3 I -OHPACfCI 4-A77ACIIEU.W Cl y-~~'-- DEFINITIONS 1. ADDITIONAL INSURED: The City of Denton, its elected and appointed officials, officers and employees. (This does not apply to Worker's Compensation.) 2.. NOTICE OF CANCELLATION: Each policy shall require that thirty (30) days prior to the cancellation, non-renewal, or any material change in coverage, a notice thereof shall be given to owner by certified mail. If the policy is cancelled for non-payment of premium only ten (10) days written notice to owner is required. 3. CONTRACTURAL COVERAGE: (Liability assumed by contract -or agreement, and would not otherwise exist.) The contractual liability requirement shown on the reverse side of this Certificate of Insurance under Comprehensive General 'Liability, must include a definition of coverage broad enough to -provide coverage for obligations assumed by the contractor in the referenced contract. This Certificate of Insurance is provided as required by the governing contract. 4. CLAIMS MADE POLICY FORM: Required period of coverage will be determined by the following formula: Continuous coverage. for the life of the contract, plus one year (to provide coverage for the warranty period), and a extended discovery period for a minimum of five (5) years which shall begin at the end of the warranty period. 5.- FIRE LEGAL LIABILITY: (Required in all contracts that involve the occupancy, construction or alteration of City-owned or leased facilities.) Insurance is to cover buildings, contents (where applicable) and permanently installed equipment with respect to property damage to structures or portions of structures if such damage is caused by the peril of fire and due to the operations of the contractor. Limit of liability is to be a minimum of $500,000. 6. OWNER: The term owner shall include all authorities, boards, bureaus, commissions, divisions, departments, and offices of the owners, and individual members, employees, and agents thereof in their official capacities, and/or while acting on behalf of the owner. CI - 4 2651L-3/3689 NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD FUNDS THEREFOR; AND PROVIDING PROVIDING I THE OF CONTRACTS EXPENDITURE F FOR 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 therefore; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the following competitive bids for the construct- ion of public works or improvements, as described the "Bid Invitations', "Bid Proposals" or plans specifications 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:. CONTRACTOR AMOUNT BID NUMBER HURRICANE PENS r0 ? S6g-M 1173 SECTION II. That the acceptance and approval of the above compMi tiUs 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, after notifi- cation of the award of the bid. SECTION III. That the City Manager is hereby authorized to execute a 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 competi`E a Ji s 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 imme late y upon its passage and approval. PASSED AND APPROVED this the day of BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY: , 1990. PAGE 2 DATE: December 11, 1990 CITY COUNCIL REPORT TO: Mayor and Members of the City Council' FROM: Lloyd V. Harrell, City Manager SUBJECT: BID #1173 EVERS PARK BACKSTOP FENCING RECOMMENDATION: We recommend this bid be awarded to the lowest bidder Hurricane Fence Co. in the amount of $22.569.00. SUMMARY: This bid is for the construction of backstop fencing, dugouts, benches and concrete drag beam for three ball fields. These items are improvements to.the Evers Park recreation facilities. The backstop fencing will vary from 15' high behind home plate to.10' to 8' high along the bases and dugouts to 5' high into the outfield area. The dugouts are 71x20' behind 8' fences and include 16' benches. All fencing is chainlink and all post are to be set in concrete. BACKGROUND: Tabulation sheet. PROGRAMS, DEPARTMENT OR GROUPS AFFECTED: Parks & recreation department and the citizens that ute Evers Park. FISCAL.IMPACT: This bid will be funded from Bond funds for Park Construction acct. #436-031-G088-8812-9101. Respectfully submitted: Lloyd V. Harrell City Manager A Proved* Name: Tom D. Shaw, C.P.M. Title: Purchasing Agent TS/jh 089.DOC BID # 1173 I I I I I 1 BID NAME I I EVERS PARK BACKSTOP FENCEIHURRICANE.FENCEI I CLAY CONST. I I CO. I I CO. INC. I I OPEN DATE I NOVEMBER 20, 1990 I I I I I I ACCOUNT U I I I I I I I IF I QTY I I ITEM DESCRIPTION I I VENDOR I I VENDOR I I I I I I I CONSTRUCTION OF FENCE I I I I I I I BENCHES S CONCRETE I I I I i DRAG BEAM I I I I I I I I I I LUMP SUM I I $22,569.000 I i $27,500.000 I I I I I I ADDENDUM 1 I YES I I i I I I I I I BID BOND I YES I i YES I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I TIME TO COMPLETE I I I I I I I I I I I I I I 28 DAYS I I I I I I I I I I I I I I I I I I I I I I I I _I I Name and Address of Agency Ramey. King.& Nlinnis 707 First State Bank Bldg. Denton, Tx. 76201 Phone 382-9691 Name and Address of Insured: Hurricane Fence Company 2218 Ft. Worth Drive Denton, Tx. 76201 Phone 387-1718 City of Denton Reference: Project Name: Evers Park Backstop Project No: Bid 1173 Project Location: Denton. Texas Managing Dept: Companies Affording Coverage: A Houston General a USFF,G C This is to certify that: 1) Policies of insurance listed below have been issued and are in force at this tin 2) The City of Denton is listed as an additional insured as to all applicable coverage. .ompany Expiration Limits of Liability n.~., fn Thnucandc rnnni etter m e or umsurau a - i lNlPL9370725 2/1/91 Occurrer. A ty Comprehensive General Liabil - Occurrence - Claims Made (see #4-Page CI-4) Bodily Injury $ Broad farm to Include: Property Damage . . $ - Premises/Operations - Independent Contractors - Products/Completed Operations Bodily injury and Property Combined D $1 000 - Personal injury amage , 4) CI P 93 - age - - Contractual Liability(see - Explosion and Collapse Hazard - Underground Hazard - Liquor Liability Coverage - Fire Legal Liability (see 95-Page CI-4) - Broad Form Property Damage - Professional Errors/Omissions - occurrence - claims made (see #4-Page CI-4) Comprehensive Automobile SA()T93S7974 2/1/91 Bodily Injury/Person Bodily Injury/Accident A Liability Owned/Leased Automobiles - Property Damage S . - Non-owned Automobiles Bodily Injury/Property - Hired Automobiles Damage Combined S 1,000 - Workers' Compensation and Statutory Amount s Engloyers' Liability each accident _ B - Owners' Protective Liability Binder 12/26/91 S00 Other Insurance Description of Operations/Locations/Vehicles. Each policy shall require thirty (30) days notice of cancellation, non-renewal, or material change in coverage. (See #2, Page CI4). Name and address of Certificate Holder. Dece r 26 1990 Q SUEU CITY OF DENTON, TEXAS PURCHASING AGENT AUTHORIZED REPRESENIAIIV 901-8 TEXAS ST. ' DENTON, TEXAS 16201 - SEE DEFINITIONS UN PAGE Cl 4 ATTACHED. C1 - 3 DENTON. TEXAS INI&P PHONE lHTI]IQ~~. N~JT'~~°~' AREA CODE 817 HURRICAhOE Fenee Company ~b~SNawi 3aw3~, _ 2218 FT. WORTH DRIVE 75~ r, Ole, V ~ ~G ;~:a- 11/73 4A: it 111-11 -:C-12, - ' _ir-dJ 14, ~1 '91 lnCl1=1.111 Dr+LLl1' (This Conificare of Insurance neither affirmatively nor negatively amends, extepds or alters the coveragrijimits, terms or conditions of thapoliaies itcettificates.) 1-14-91 tlg This is to Certify to F Attn: Melanie Hardin City of Denton (Purchasing) 901-B Texas Street Denton, TX 76201 L that the following described policy or policies, issued by The Company as coded below, Providing insurance only for hazards che k d - - c e by X below, have been issued lo: ' NAME AND 1 Tr angle Tem orar es, Inc. Tria l M N S ADDRESS O ~j e ng c eal ervices, Inc. 2219 South Loop 288, Suite 207 INSURED / Denton, TX 76205 covering in accordance with the terms thereof, 91 the following location(s): Texas 7YPE OF POLICY tsA7NU7 6 CO.800E POLICY NUMOER 1a) Staodalu Workmen's Compensation & Employers' Liabi t_IQ I I TAC565751 Premises-Operations (including "In. eidental Contracts' as defined below) i .c Independent Contractors T m Completed Operations/Products Contractual, (Specific type as _described in footnote below) Premises-Operations (Including "Incidental Contracts" as defined below) E O Independent Contractors is Completed Operations/Products 1 Contractual. (Specific type as described in footnote here.) 0 Automobile Liability ` Owned Automobiles yl Hired Automobiles c - Non-owned Automobiles _ - ^ 4 gOwned Automobiles Gi Hired Automobiles Non owned Automobiles T exas A§si Red Risk Pool limitation Only Texas WC benefits ap CIGNA Property and Casually Compan`ie`s COMPANY COUES CIGNA INSURANCE COMPANY © CIGNA INS. CO. OF TEXAS CJ PACIFIC EMPLOYERS INS. CO. ® INSURANCE COMPANY J OF NORTH AMERICA CIGNA INS. CO. OF ILLINOIS Lg] CIGNA INS. CC). OF OHIO ❑ (OTHER:--7SPECIFY) rrt.. POLICY PERIOD LIMITS OF LIABILITY Statutory W. C. 7-23-90191 $ 500,000 One Accident and A99ruigne Disease ❑ Cl S Each Parson ❑ Q ❑ Each Accident $ Occurrence ~ - - ` Aggregate- Complered OPerations/PrWur_n z ❑ ❑ ❑ Atr.irtrm Each _Lj $ Aggregate-Prom,/Uner, ❑ ❑ $ A99regetr:-Yrcdcctivc ti Agape,);nc-I;nutpga cd r'1 r--1 Operations/Products Each Person 1 O ~ Each Accident 3 Each f1 Accident r~ S ( ❑ Occurrence i r )itates]Endorsement id Include 'r'efuel Footnota: Subiect to all the policy terms applicable, specific contractual coverage is provided as respects It is the intention of the company yy~~pa'[ptt,,'n~~~~hyee ity r~tyy//ts of cancellation of CJsads \`\[7 a contract the policy or policies by the company,i/td{pQ] Ys* written notice plieabto Purchase order agreements between the Insured and; of such cancellation will be given to you at the address stated above. Ma k ❑ all contracts NAME OF OTHER PARTY Hurricane Fence Company 2218 Fort Worth Dr. Denton TX 76205 Incldenlol contract" means any written (1) lease of Premises (2) easement agreement except in connection with eonstruction.or demolition opera- tions on or adjacent to a railroad, (3) undertaking to indemnity a municipality requ ed7y rncipal ord. except i connection with work for the municipality, (4) sidetrack agreement, or (5) elevator maintenance ayreemanr, CC Autl prized Representative in U.S.A. 1. OnIGINAL