HomeMy WebLinkAboutRes 2023-06-1456 Authorizing City Manager to Execute Construction Agreement with New Deal Inc- Irrigation-Bryant ParkCITY OF ANNA, TEXAS
RESOLUTION NO. 2023-0(o - 145(o
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A
CONSTRUCTION AGREEMENT FOR THE INSTALLATION OF AN
IRRIGATION SYSTEM AT BRYANT PARK, WITH AND, INC.
WHEREAS, the City Council of the City of Anna, Texas, ("City Council") finds that a construction
agreement with AND, Inc. is instrumental and necessary to the installation of an irrigation system
at Bryant Park; and
WHEREAS, the City Council considers park improvements at 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 construction agreement with AND, Inc. to include the
following fee:
"The total amount for fiscal year 2023: $57,500."
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 AND, 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 AND, Inc.
PASSED, APPROVED, AND ADOPTED on first and final reading on this 13th day of June, 2023.
ATTEST:
APPROVED:
EXHIBIT 1
STATE OF TEXAS §
§ CONSTRUCTION AGREEMENT
COUNTY OF COLLIN §
This Construction Agreement ("Agreement") is made and entered into thiso8oday of
20�% and between the City of Anna, Texas (the "Owner") and And, Inc. (the
"Contracto ) 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 all the work specified in the Contract Documents. The work
is generally described as follows:
Install an irrigation system at 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 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 Agrectnent;
B. Properly authorized change orders;
C. Plans and Specifications entitled "Construction Documents for Irrigation Installation at
Bryant Park';
D. Contractor's bid attached hereto as Exhibit A; and
E. Workers' Compensation Notice attached hereto as Exhibit B.
Article III
Scope of Work
3.1 Contractor shall perform all the work specified in the Contract Documents.
CA-1 Bryant Park Irrigaiion
3.2 Schematic Design Documents, Design .Development Documents, Contract Documents,
drawings, plans, specifications, and other documents, including those in electronic 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 $57,500, 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
manner and means by which its services are to be performed, subject to the terms of this Agreement. At
no time will Owner have any control or supervision over the means, methods, sequences, technologies,
undertakings, measures or procedures utilized to perform the services under this Agreement.
CA-2 Bryant Park Irrigation
Article VU
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 to City. Evidence of such insurance shall be provided to Owner by delivering certificates of
insurance.
7.2 C_&e 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
attached hereto as Exhibit B.
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
H. Each Occurrence Limit $1,000,000 each occurrence; and
7.3 Commercial automobile liability insurance coverage, including non -owned and hired,
covering all owned, hired or non -owned vehicles including the loading or unloading thereof with limits
not less than $1,000,000.
7.4 Umbrella liability insurance covering all operations with limits of liability not less than:
Bodily Injury and Property Damage Liability
$5,000,000 each occurrence
$5,000,000 aggregate
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.
CA-3 Bryant Park Irrigation
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 exclusive venue for any action concerning this Agreement shall be in a
State District Court of Collin County, Texas.
8.6 Amendments. This Agreement may be 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 Rocitals. The recitals to this Agreement are incorporated herein.
8.10 ice. Any notice required or permitted to be delivered hereunder may be sent by lust
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:
If intended for Owner:
City of Anna
Attn: Ryan Henderson, Interim City Manager
120 West Seventh St
Anna, Texas 75409
If intended for Contractor:
And, Inc.
Attn: Tammy Gressett
P. O. Box 1089
Wylie, TX 75098
8.11 Counte"arts. 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
CA-4 Bryant Park Irrigation
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, DEFEND AND SAVE HARMLESS OWNER FROM
AND AGAINST ANY AND ALL LIABILITIES, DAMAGES, CLAIMS, SUITS, COSTS (INCLUDING
COURT COSTS, ATTORNEYS' FEES AND RELATED EXPENSES 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 NEGLLGENCE 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 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 Legal 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 CoBO icts of Interests. Contractor represents that no official, officer, or employee of
Owner has any direct or indirect pecuniary interest in this Agreement.
(signature page to follow)
CA-5 Bryant Park Irrigation
EXECUTED on this l k day of 2023.
OWNER, City of Anna, Texas
By:
yan Henderson, Interim City Manager
Attest: (� L, �7S r-ea'X.-Z_
EXECUTED on this day of 12023.
CONTRACT Inc.
By:
Title: Secretary
Attest:
CA-6 Bryant Park brigatian
EXHIBIT A
THE CITY OF
manna
2021 - 0022
And, Inc
Supplier Response
Event Information
Number: 2021 - 0022
Title: Bryant Park Irrigation
Type: Invitation to Bid
Issue Date: 4/27/2023
Deadline: 5/19/2023 02:00 PM (CT)
Contact Information
Contact:
Dalan Walker
Address:
Neighborhood Services
City Hall
121
120 W 7th St
Anna, TX 75409
Phone:
(214)831 x5306
Email:
dawalker@annatexas.gov
Page 1 of 2 pages Vendor: And, Inc 2021 - 0022
And, Inc Information
Contact:
tammy gressett
Address:
P.O. Box 1089
Wylie, TX 75098
Phone:
(972) 442-4077
Fax:
(972) 442-5527
Email:
tammycoo08@yahoo.com
By submitting your response, you certify that you are authorized to represent and bind your company.
Steve Reneau
Signature
Submitted at 511812023 09:10.33 AM (CT)
Response Attachments
AND,Inc. Company Bio 12- 2022.doc
Our Company Bio for your review
Bid Attributes
anewdealinc@yahoo.com
Email
1
Installation Note
This system will be integrated into a larger irrigation system at a later date. All MP Rotators will be capped or
replaced with I-25s when the system is expanded so the piping is sized for the larger system. Also, the 4" MP
Rotators will be installed so that they can be easily replaced with 1-25 heads in the future. The detail is unusual, but
the goal is to be able to unscrew the MP Rotators and screw in I-25s with no change to piping. Further explanation
will be provided at the pre -bid conference on May 11th at 1pm via Teams.
Time is of the essence. The project must be completed within 45 days of notice to proceed.
No response
Bid Lines
Lump sum cost for irrigation system installation.
Quantity: 1 UOM: EA Price: $57,500.00 Total: $57,500.00
Response Total: $57,500.00
Page 2 of 2 pages Vendor: And, Inc 2021 - 0022
EXHIBIT B
REQUIRED WORKERS' COMPENSATION
COVERAGE
The law requires that each person working on this site or providing services related to
this construction project must be covered by workers' compensation insurance. This
includes persons providing, hauling, or delivering equipment or materials, or providing
labor or transportation or other services related to the project, regardless of the identity
of their employer or status as an employee.
Call the
Division
of Workers' Compensation at 1-800-252-7031 or access
the
division's
website
at www.tdi.texas.aov/wc/indexwc.html to receive information on
the
legal requirement for coverage, to verify whether your employer has provided the
required coverage, or to report an employer's failure to provide coverage.
Notice 8 (Rev. 12/15) TEXAS DEPARTMENT OF INSURANCE, DIVISION OF WORKERS' COMPENSATION Rule 110.110
TO THE EMPLOYER/CONTRACTOR:
Pursuant to Workers' Compensation Rule 110.110 (d)(7), a contractor engaged in a
building or construction project for a government entity is required to post a notice on
each project site informing all persons providing services on the project that they are
required to be covered by workers' compensation insurance. The notice required by
this does not satisfy other posting requirements imposed by the Texas Workers'
Compensation Act or other Workers' Compensation Rules. This notice must:
(1) be posted in English, Spanish and any other language common to
the employer's employee population;
(2) be displayed on each project site;
(3) state how a person may verify current coverage and report failure
to provide coverage;
(4) be printed with a title in at least 30-point bold type and text in at
least 19-point normal type; and
(5) contain the exact words as prescribed in Rule 110.110 (d)(7).
The notice on the reverse side meets the above requirements. Failure to post the
notice as required by this rule is a violation of the Act and Workers' Compensation
Rules. The violator may be subject to administrative penalties.
Notice 8 (Rev. 12/15) TEXAS DEPARTMENT OF INSURANCE, DIVISION OF WORKERS' COMPENSATION Rule 110.110