Loading...
HomeMy WebLinkAboutRes 2022-06-1198 Construction Agreement with Bill's Fence Company Inc for Chain Liink Fence Around Bryant Park PerimeterCITY OF ANNA, TEXAS A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A CONSTRUCTION AGREEMENT WITH BILL'S FENCE COMPANY, INC. TO INSTALL A VINYL -COATED CHAIN LINK FENCE AROUND THE PERIMETER OF BRYANT PARK. WHEREAS, the City Council of the City of Anna, Texas, ("City Council")finds that the construction agreement with Bill's Fence Company, Inc. is instrumental and necessary to the installation of a fence around Bryant Park; and WHEREAS, the City Council considers the activation of Bryant Park to be beneficial to the neighbors of Anna, Texas, meeting several goals and objectives set forth in the Strategic Plan adopted by City Council, and WHEREAS, the City Council approves the proposed construction agreement with Bill's Fence Company, Inc, to include the following fee: "The total amount for fiscal year 2022: $113,857" NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated. The recitals above are incorporated herein as if set forth in full for all purposes as set forth in full. Section 2. Approval and Authorization of Agreement. The City Council hereby approves the extension attached hereto as Exhibit 1 to enter into a construction agreement with Bill's Fence Company, Inc. and ratifies and approves the City Manager's execution of the same. The City Manager is hereby authorized to execute all documents and to take all other actions necessary to finalize and enforce the construction agreement with Bill's Fence Company, Inc. PASSED, APPROVED, AND ADOPTED on first and final reading on this 28th day of June, 2022. ATTEST: /_\JJZ•1�1��71 `\11 � 111111111{d�/ (/ r r rrr City Secretary, Carrie Land ,f .a �df aaae0 a. eaa Nate Pike l51 1 South "Texas Ave. #227, College Station, Tx. 77840 P (979) 393-3280 • C 469-263-3329 www.billsfenceco.com • victor@billsfence.net Arkansas Contractors License tt 0171530420 TIPS TAPS Vendor #200201 PROPOSAL To: City of Anna,Tx OSl18l2022 Ref: Joe K Bryant elem fence SCOPI? OF` WORK Description Furnish and install appx 1,8801f of 6' black coated chainlinlc fence. Z42' double swing gates. 24' pedestrian gates. Chainlink fence wire to have 9 ga core wire, 8 ga finish, fused bonded black. Chainlink fence to have 2-3/8" od ss40 black coated posts 10' oc. Per plans Chainlink fence to have top, middle, and bottom rails of 1-5/8" od ss40 black coated per plans. Total installed price $113,857.00 Per plans and specs with exceptions No demo No digging thru asphalt or concrete No clearing or grading no sales tax no concrete beams, slabs or mowstrips no grounding no coring or sleeves no panic hdwe This proposal includes up to 2 mobilizations. Any additional mobilizations will be charged accordingly. Materials included within this scope of work are currently volatile in natltre. We have experienced sudden price increases within the last 6 months.Bill's fence company,ine uses our best efforts to obtain the lowest possible price from available suppliers. However, if during the performance of this scope of work, the price of any required material significantly increases, through no fault of Bill's fence company, inc. , the customer will be required to acknowledge a change order to this quotation. The cost of the change order shall be reasonably necessary to cover any such significant price increases. This action shall only be enforced on any material in which Bill's fence company,inc. has not been provided with enough information to release the materials for shipment prior to the increase (i.e.-lack of shop drawing or submittal approval, or etc.) A significant price increase shall mean any increase in price exceeding five (5%) percent from the date of issuance of the most recent quotation. Bill's fence company, inc, agrees to provide the customer with vendor documentation supporting such material increases. The above price includes the antipaction of encountering small rock or gravel in the subgrade. `Therefore, this quotation allows for the usage of normal hand tools ( post hole diggers, rock bars, etc) and power tools( one man auger, skid steer with auger, etc. ) for post footing excavation. However, the above price DOES NOT include rock teeth for any auger bit or the use of an electric/pneumatic jackhammer. If rock typically larger than 6" is encountered that cannot be removed with included hand or power tools, a change order for time and equipment will be required. DUI; TO CURR>;NT MAT>;RIAL COSTS THIS PROPOSAL IS VALID FOR 3 DAYS ONLY Exclusions, unless listed in the scone of work above: Construction fence, fence removal, demolition, excavation, or relocation of any existing work/utilities. clearing or grading of fence lines, concrete other than post footings, hauling off excess spoils, mow strips, testing of concrete or other materials, grounding, attachments to fence, wind screens, slats, cost of subrogation, layouts other than preset stakes, underground obstructions, running electrical lines or electrical work of any kind. We are not responsible for any underground utilities, landscaping, property lines, shrubs, flowers, trees or water sprinkler systems. The above items must be noted within the subcontractor agreement or purchase order accepted by Bill's Fence Company. Please Let us know if you need any of the items listed in exclusions. We are fully bondable and insured. X Victor Hutchens Customer Signature Date Project EstimatorlUrafter Bill's Fence Co., lne. Member ofAmerican Fence Association Visit our web page at wuw.billsfenceco.com, click on photo gallery to see projects We specialize in residential attd commercial fence S88041'59"E 545.72' 3/4'GI.RFJ/4'I.RF �I (dfaturMd) " — '(afli' I ' I 1 S02001'32"W 1611688'� II II I I (I N01 °39'26"E II 1551.78' _ Cu 1 _ raYp 'x' cur SET f" I EIEV.=76415 1 N�7,190,483 B4 L �, , _— t i' I _ j' SIGN z >>`, ` II Innni \ I � I \ I I 1 1111�:i r ap 25' Building Line 1 i U8 u I U4 U4 / II I / I I I I I ! I i 1 I 535.74' ' r yr 1 � � 60' Rlght of Vloy D d cation Vol Q - t ;nii nTtr I _ e ^\ ri I t Ji \I STATE OF TEXAS § COUNTY OF COLLIN § CONSTRUCTION AGREEMENT This Construction Agreement ("Agreement") is made and entered into this _day of 20 by and between the City of Anna, Texas (the "Owner") and Bill's Fence Company, Inc. (the "Contractor") acting by and through their authorized representatives and in exchange for the mutual covenants set forth herein and other valuable consideration, the sufficiency and receipt of which is hereby acknowledged, the parties agree as follows: Article I Work and Term 1.1 The Contractor shall perform ali the work specified in the Contract Documents. The work is generally described as follows: Install a 6' vinyl coated chain link fence, with gates, around the perimeter of Bryant Park. 1.2 The term of this Agreement shall begin on the last date of execution hereof (the "Effective Date") and continue until completion of the services provided herein. Article II Contract Documents 2.1 The Contract Documents shall include all documents enumerated in the General Provisions, as well as the documents identified herein. Every provision of the Contract Documents below is incorporated into this Agreement by reference. The Contract Documents referenced below are in descending order of precedence. Any conflict between or among any of the Contract Documents shall be resolved in favor of the document with higher precedence. A. This Agreement; B. Properly authorized change orders; C. Bid materials distributed by the City of Anna that relate to the Project; and D. Contractor's proposal. Article III Scope of Woi•k 3.1 Contractor shall perform all the work specified in the Contract Documents. 3.2 Schematic Design Documents, Design Development Documents, Contract Documents, drawings, plans, specifications and other documents, including those in electronic CA-1 Fence Installation at B� yant Park form, prepared by Contractor and its consultants, agents, representatives, and/or employees in connection with the Project are intended for the use and benefit of Owner. Contractor and its consultants, agents, representatives, and/or employees shall be deemed the authors of their respective part of said Project documents. Notwithstanding, Owner shall own, have, keep and retain all rights, title and interest in and to all Project documents, including all ownership, common law, statutory, and other reserved rights, including copyrights, in and to all such Project documents, whether in draft form or final form, which are produced at its request and in furtherance of this Agreement or the Project. Owner shall have full authority to authorize Contractor, Subcontractors, consultants, and material or equipment suppliers to reproduce applicable portions of the Project documents to and for use in their execution of the work or for any other purpose. All materials and reports prepared by Contractor in connection with this Agreement are "works for hire" and shall be the property of Owner. Contractor shall upon completion of the services, or earlier termination, provide Owner with reproductions of all materials reports, and exhibits prepared by Contractor pursuant to this Agreement, and in electronic format if requested by Owner. Article IV Compensation and Method of Payment 4.1 Owner shall pay the Contractor no more than $113,857, subject to additions and deductions, for completion of the work in accordance with the Contract Documents using current funds. 4.2 Contractor agrees to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the Work at Contractor's own cost and expense. Article V Notice to Proceed The Contractor shall not proceed with any work required under this Agreement without a written Notice to Proceed from City. Article VI Relationship of Parties It is understood and agreed by and between the parties that in satisfying the conditions of this Agreement, the Contractor is acting independently, and that Owner assumes no responsibility or liabilities to any third party in connection with these actions. All services to be performed by Contractor pursuant to this Agreement shall be in the capacity of an independent contractor, and not as an agent or employee of Owner. Contractor shall supervise the performance of its services and shall be entitled to control the mamier and means by which its services are to be performed, subject to the terms of this Agreement. CA-2 Fence Installation at Bryant Pauk Article VII Insurance 7.1 Procurement and Evidence of Insurance. Prior to commencing the Services, and continuing until all Services to be performed under this Agreement have been completed, Contractor shall purchase and maintain insurance with a company or companies qualified to do business in Texas and rated at least "A" by AM Best or other equivalent rating service. All such insurance, with the exception of workers compensation, shall name Owner as an additional insured and provide for a waiver of subrogation against Owner for injuries, including death, property damage, or any other loss to the extent the same is covered by the proceeds of the insurance. Each policy and renewals or replacements thereof shall provide that it will not be canceled, non -renewed or material change except with thirty (30) days advance written notice ten (10) days for non- payment of premium) to City. Evidence of such insurance shall be provided to Owner by delivering certificates of insurance. 7.2 Coverage and Limits. The insurance required under this Paragraph shall provide for the following coverages and limits: a. Workers' compensation and employers' liability insurance as required by applicable law and the Special Provisions to this Agreement. b. Commercial general liability insurance for bodily injury and property damage, including limited contractual liability coverage in not less than the following amounts. i. General Aggregate Limit $2,000,000 each occurrence ii. Each Occurrence Limit $1,000,000 each occurrence; and 7.3 Commercial automobile liability insurance coverage, including non -owned and hired, covering ail owned, hired or non -owned vehicles including the loading or unloading thereof with limits not less than $1,000,000. than: 7.4 Umbrella liability insurance covering all operations with limits of liability not less Bodily Injury and Property Damage Liability $5,000,000 each occurrence $5,000,000 aggregate CA-3 Fence bastallation at Brya�it Pariz Article VIII Miscellaneous 8.1 Entire Agreement. This Agreement constitutes the sole and only agreement between the parties and supersedes any prior understandings, written or oral agreements between the parties with respect to this subject matter. 8.2 Authorization. Each party represents that it has full capacity and authority to grant all rights and assume all obligations granted and assumed under this Agreement. 8.3 Assignment. Contractor may not assign this Agreement in whole or in part without the prior written consent of Owner. 8.4 Successors and Assigns. Subject to the provisions regarding assignment, this Agreement shall be binding on and inure to the benefit of the parties to it and their respective heirs, executors, administrators, legal representatives, successors and assigns. 8.5 Governing Law. The Agreement shall be governed by the laws of the State of Texas, without giving effect to any conflicts of law rule or principle that might result in the application of the laws of another jurisdiction; and venue for any action concerning this Agreement shall be in the State District Court of Collin County, Texas. The parties agree to submit to the personal and subject matter jurisdiction of said court. 8.6 Amendments. This Agreement maybe amended by the mutual written agreement of the parties. 8.7 Severability. In the event any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions, and the Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in it. 8.8 Survival of Covenants. Any of the representations, warranties, covenants, and obligations of the parties, as well as any rights and benefits of the parties, pertaining to a period of time following the termination of this Agreement shall survive termination. 8.9 Recitals. The recitals to this Agreement are incorporated herein. 8.10 Notice. Any notice required or permitted to be delivered hereunder maybe sent by first class mail, overnight courier or by confirmed telefax or facsimile to the address specified below, or to such other party or address as either party may designate in writing, and shall be deemed received three (3) days after delivery set forth herein: CA-4 Fence Installation at Bryant Pariz If intended for Owner: City of Anna Attn: Jim Proce City Manager 120 West Seventh St Anna, Texas 75409 If intended for Contractor: Bill's Fence Company, Inc. Attn: Victor Hutchens Project Estimator/Drafter 1511 South Texas Ave. #227 College Station, TX 77840 8.11 Counterparts. This Agreement may be executed by the parties hereto in separate counterparts, each of which when so executed and delivered shall be an original, but all such counterparts shall together constitute one and the same instrument. Each counterpart may consist of any number of copies hereof each signed by less than all, but together signed by all of the parties hereto. 8.12 Exhibits. The exhibits attached hereto are incorporated herein and made a part hereof for all purposes. 8.13 Indemnification. OWNER SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE, OR INJURY OF ANY KIND OR CHARACTER TO ANY PERSON OR PROPERTY ARISING FROM THE SERVICES OF CONTRACTOR PURSUANT TO THIS AGREEMENT. CONTRACTOR WAIVES ALL CLAIMS AGAINST OWNER, ITS OFFICERS, AGENTS AND EMPLOYEES (COLLECTIVELY REFERRED TO IN THIS SECTION AS THE "CITY") FOR DAMAGE TO ANY PROPERTY OR INJURY TO, OR DEATH OF, ANY PERSON ARISING AT ANY TIME AND FROM ANY CAUSE OTHER THAN THE NEGLIGENCE OR WILLFUL MISCONDUCT OF OWNER, CONTRACTOR AGREES TO INDEMNIFY AND SAVE HARMLESS OWNER FROM AND AGAINST ANY AND ALL LIABILITIES, DAMAGES, CLAIMS, SUITS, COSTS (INCLUDING COURT COSTS, ATTORNEYS' FEES AND COSTS OF INVESTIGATION) AND ACTIONS BY REASON OF INJURY TO OR DEATH OF ANY PERSON OR DAMAGE TO OR LOSS OF PROPERTY TO THE EXTENT CAUSED BY CONTRACTOR'S NEGLIGENT PERFORMANCE OF SERVICES UNDER THIS AGREEMENT OR BY REASON OF ANY ACT OR OMISSION ON THE PART OF CONTRACTOR, ITS OFFICERS, DIRECTORS, SERVANTS, AGENTS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, SUCCESSORS OR PERMITTED ASSIGNS (EXCEPT WHEN SUCH LIABILITY, CLAIMS, SUITS, COSTS, INJURIES, DEATHS OR DAMAGES ARISE FROM OR ARE ATTRIBUTED TO SOLE NEGILGENCE OF OWNER), IF ANY ACTION OR PROCEEDING SHALL BE BROUGHT BY OR AGAINST CITY IN CONNECTION WITH ANY SUCH LIABILITY OR CLAIM, CONTRACTOR, ON NOTICE FROM OWNER, SHALL DEFEND SUCH ACTION OR PROCEEDINGS AT CONTRACTOR'S EXPENSE, BY OR THROUGH ATTORNEYS REASONABLY CA-5 Fence Installatio�z at Brya��t Paf�1e SATISFACTORY TO OWNER. CONTRACTOR'S OBLIGATIONS UNDER THIS SECTION SHALL NOT BE LIMITED TO THE LIMITS OF COVERAGE OF INSURANCE MAINTAINED OR REQUIRED TO BE MAINTAINED BY CONTRACTOR UNDER THIS AGREEMENT, THIS PROVISION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT 8.14 Leal Construction. In the event any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect other provisions, and it is the intention of the parties to this Agreement that in lieu of each provision that is found to be illegal, invalid, or unenforceable, a provision shall be added to this Agreement which is legal, valid and enforceable and is as similar in terms as possible to the provision found to be illegal, invalid or unenforceable. 8.15 Conflicts of Interests. Contractor represents that no official or employee of Owner has any direct or indirect pecuniary interest in this Agreement. (signature page to follow) CA-6 Fence Installatio�z at Bryant Paf•k EXECUTED on this EXECUTED on this day of , 2022, OWNER, City of Anna, Texas By: Jim Proee, City Manager Attest: 2022. CONTRACTOR By: Name: Title: Attest: CA-7 Fence Installation. at Bryant Park