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Home My WebLink About2006-092ORDINANCE NO. 200,6- O 9Z AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A TWO YEAR CONTRACT FOR MOWING FOR VARIOUS CITY DEPARTMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 3463-TWO YEAR CONTRACT FOR MOWING AWARDED TO THE LOWEST RESPONSIBLE BIDDER FOR EACH SECTION IN THE ANNUAL ESTIMATED AMOUNT OF $299,368.22). WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the 'Bid Proposals" submitted therefor, with the exception of Proposals C and K, which was awarded to Dencross Landscape Maintenance, whose principal place of business is located within the city limits of Denton, Texas, and who will offer the City the best combination of contract price and additional economic development opportunities for the City created by the contract award, including the employment of local residents of the City and increased tax revenues to the City; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" on file in the office of the City Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items: BID ITEM NUMBER NO VENDOR AMOUNT 3463 Proposal A Tru Green Landcare LLC Exhibit A 3463 Proposal B Tru Green Landcare LLC Exhibit A 3463 Proposal C VMC Landscape Services Exhibit A 3463 Proposal D Tru Green Landcare LLC Exhibit A 3463 Proposal E Tru Green Landcare LLC Exhibit A 3463 Proposal F Tru Green Landcare LLC Exhibit A 3463 Proposal G Tru Green Landcare LLC Exhibit A 3463 Proposal H Tru Green Landcare LLC Exhibit A 3463 Proposal I Tru Green Landcare LLC Exhibit A 3463 Proposal J Dencross Landscape Maint. Exhibit A 3463 Proposal K Dencross Landscape Maint. Exhibit A 3463 Proposal L Tru Green Landcare LLC Exhibit A 3463 Proposal M Tru Green Landcare LLC Exhibit A 3463 Gen. Mowing Class A Dencross Landscape Maint. Exhibit A 3463 Gen. Mowing Class B Dencross Landscape Maint. Exhibit A 3463 Gen. Mowing Class C Dencross Landscape Maint. Exhibit A 3463 Gen. Mowing Class D Dencross Landscape Maint. Exhibit A The City Council hereby finds that the apparent low bidder for Proposals B,C,D, & G, O'Donnell's Landscape Services, Inc. is not the lowest responsible bidder due to unacceptable performance for similar services with other area cities. SECTION 2. By the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to pur- chase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. SECTION 3. Should the City and the winning bidder(s) wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute a written contract in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents and to extend that contract as determined to be advantageous to the City of Denton. SECTION 4. By the acceptance and approval of the above enumerated bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. - PASSED AND APPROVED this the ��R day of 12006. EULINE BROCK, MAYOR ATTEST: JENNIEER WALTERS, CITY SECRETARY BY: �t APPROVED AS TO LEGAL EDWIN M. SNYBER, CITY, BY: 3-ORD-BID 3463 BID #3463 DATE: 3/9/06 TWO-YEAR CONTRACT FOR MOWING No. I DESCRIPTION Exhibit A VENDOR i VENDOR I VENDOR In VMC Landscape TruGreen Dencross Landscape Services Landcare Maintenance Principle Place of Business: Dallas, TX Ft. Worth, TX Denton, TX PROPOSALS -ANNUAL BID PRICE A MEDIANS CLASS A $33,863.04 B CITY PARKS CLASS A $23,040.00 C LIBRARIES CLASS A $7,175.25 D CITY PARKS CLASS B $80.933.20 E CITY MEDIANS CLASS B NORTH $8,101.18 F CITY MEDIANS CLASS B SOUTH $9,348.24 G FIRE STATIONS CLASS A & B including Bed Maint $7,880.00 H CEMETERIES $62,503.92 1 SOLID WASTE/LANDFILL CLASS A, B & C $11,953.28 J ELECTRICAL SUBSTATIONS CLASS B $8,900.00 K WATER RECLAMATION CLASS A & C $18,465.00 L CODE ENFORCEMENT - SEE NEXT PAGE EM RAIL TRAIL $11,185.02 GENERAL MOWING SERVICE AS NEEDED BY THE CITY - PRICE PER ACRE PER CYCLE CLASS A $30.00 CLASS B $30.00 CLASS C $40.00 CLASS D $40.00 'Per acre per cycle price will be prorated for smaller parcels as determined by the City BID #3463 Exhibit A DATE: 3/9106 TWO-YEAR CONTRACT FOR MOWING No. DESCRIPTION VENDOR VMC Landscape Services Principle Place of Business: Dallas, TX VENDOR TruGreen Landcare VENDOR Dencross Landscape Maintenance Ft. Worth, TX Denton, TX PROPOSAL L- CODE ENFORCEMENT MOWING OF PARCELS WITH UNRESTRICTED ACCESS I A Parcels of land up to 10,000 square feet (up to 3'/over 3') $20.00/$30.00 II -A Parcels of land 10, 001 square feet to 1 acre (up to Wover T) $35.00/$45.00 III -A Parcels of land more than 1 acre (up to T/over T) $47.00/$57.00 MOWING OF PARCELS WITH RESTRICTED ACCESS I B Parcels of land up to 10,000 square feet (up to Wover 3') $20.00/$30.00 II B Parcels of land 10,001 square feet to 1 acre (up to 37over T) $35.00/$45.00 III-B Parcels of land more than 1 acre (up to 37over T) $47.00/$57.00 TRASH AND DEBRIS REMOVAL IV Trash & Debris removal based on cubic yard calculated by the COD Solid Waste formula $130.00 Hourly Rate for Special Call Request Hourly rate for tractors & mowers $38.31 Hourly rate for labor & tdmmer $25.00 CONTRACT AGREEMENT STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT, made and entered into this 4`t' day of April A.D., 2006, by and between City of Denton of the County of Denton and State of Texas, acting through Howard Martin thereunto duly authorized so to do, hereinafter termed "OWNER," and 2550 Berner Street Fort Worth, Texas 76111 of the City of , County of 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 attached hereto, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified below: �f At, in the amount of A�'r and all extra work in connection therewith, under the terms as stated in the Gene�raf 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 and the Performance and Payment Bonds, attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), and Instructions to Bidders, as referenced herein and on file in the office of the Purchasing Agent, and in accordance with all local, state and federal laws; and plans, which includes all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by: City of Denton Parks and Recreation Department all of which are referenced herein and made a part hereof and collectively evidence and constitute the entire contract. CA-1 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 covenants and agrees to and does hereby indemnify, hold harmless and defend, at its own expense, Owner, its officers, servants and employees, from and against any and all claims or suits for property loss or damage and/or personal injury, including death, to any and all persons, of whatsoever kind or character, whether real or asserted, arising out of the Work and services to be performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or invitees, whether or not caused, in whole or in part, by the alleged negligence of the officers, servants, employees, of the Owner. Contractor likewise covenants and agrees to, and does hereby, indemnify and hold harmless Owner during the performance of any of the terms and conditions of this Contract, whether arising out of in whole or in part, any and all alleged acts or omissions of officers, servants, or employees of Owner. The provisions of this paragraph are solely for the benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other person or entity. 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 these presents have executed this agr ete t in the year and day first above written. ��7�C� j ATTEST: ATTEST: CA-3 City of Denton OWNER BY: (SEAL) IL ( y-ain l_ a. V)d aVV,, CONTRACTOR Tru 6 re-&-N Lot v\d- (a ye,, 2SSo &y-vw y ac-+- ��- MAILING ADDRESS q l l- -14o • 60+2 PHONE NUMBER �l1 Tko - b SS I FAX NUMBER (SEAL) BID #3463 Exhibit A DAT`c: 3/9/06 TWO-YEAR CONTRACT FOR MOWING No. DESCRIPTION VENDOR VMC Landscape Services Principle Place of Business: Dallas, TX VENDOR TruGreen Landcare Ft. Worth, TX VENDOR Dencross Landscape Maintenance Denton, TX PROPOSALS - ANNUAL BID PRICE A MEDIANS CLASS A $33,863.04 B CITY PARKS CLASS A $23,040.00 C LIBRARIES CLASS A $7,175.25 D CITY PARKS CLASS B $80,933.20 E CITY MEDIANS CLASS B NORTH $8,101.18 F CITY MEDIANS CLASS B SOUTH $9,348.24 G FIRE STATIONS CLASS A & B including Bed Maint $7,880.00 H CEMETERIES $62,603.92 1 SOLID WASTEILANDFILL CLASS A, B & C $11,953.28 J ELECTRICAL SUBSTATIONS CLASS B $8,900.00 K WATER RECLAMATION CLASS A & C $18,465.00 L CODE ENFORCEMENT -SEE NEXT PAGE M RAIL TRAIL $11,185.02 GENERAL MOWING SERVICE AS NEEDED BY THE CITY - PRICE PER ACRE PER CYCLE CLASS A $30.00 CLASS B $30.00 CLASS C $40.00 CLASS D $40.00 'Per acre per cycle price will be prorated for smaller parcels as determined by the City BID it3463 Exhibit A DATE: 3/9/06 TWO-YEAR CONTRACT FOR MOWING No. DESCRIPTION VENDOR VMC Landscape Services Principle Place of Business: Dallas, TX VENDOR7 TruGreen Landcare VENDOR Dencross Landscape Maintenance Ft. Worth, TX Denton, TX PROPOSAL L- CODE ENFORCEMENT MOWING OF PARCELS WITH UNRESTRICTED ACCESS ]-A Parcels of land up to 10,000 square feet (up to 37over T) $20.00/$30.00 II -A Parcels of land 10, 001 square feet to 1 acre (up to T/over T) $35.00/$45.00 III -A Parcels of land more than 1 acre (up to Wover T) $47.00/$57.00 MOWING OF PARCELS WITH RESTRICTED ACCESS B Parcels of land up to 10,000 square feet (up to Wover T) $20.00/$30.00 II B Parcels of land 10,001 square feet to 1 acre (up to T/over T) $35.00/$45.00 III-B Parcels of land more than 1 acre (up to T/over T) $47.00/$57.00 TRASH AND DEBRIS REMOVAL IV Trash & Debris removal based on cubic yard calculated by the COD Solid Waste formula $130.00 Hourly Rate for Special Call Request Hourly rate for tractors & mowers $38.31 Hourly rate for labor & trimmer $25.00 CITY OF DENTON TWO-YEAR CONTRACT FOR MOWING BID SUMMARY SHEET PROPOSAL PROPOSAL A MEDIANS CLASS A a Annual Bid Amount $ PROPOSAL B CITY PARKS CLASS A $ yJ PROPOSAL C LIBRARIES CLASS A $ PROPOSAL D CITY PARKS CLASS B $ q PROPOSAL E CITY MEDIANS CLASS B NORTH $ , PROPOSAL F CITY MEDIANS CLASS B SOUTH PROPOSAL G FIRE STATIONS CLASS A AND B PROPOSAL H CEMETERIES $ q Z4 $600.� $ PROPOSAL I — SOLID WASTE / LANDFILL CLASS A, B, C $ PROPOSAL J — ELECTRICAL SUBSTATIONS CLASS B $ Lj PROPOSAL K — WATER RECLAMATION CLASS A&C $ 17 PROPOSAL L — CODE ENFORCEMENT $ PROPOSAL M — RAILTRAIL $ GRAND TOTAL $ * Notz*-'tA0 4&nt �(CQ GENERAL MOWING SERVICE AS NEEDED BY CITY 2C%3v)Cft*f*- MOWING CLASSIFICATION Price Per Acre Per Cycle* CLASS A CLASS B CLASS C CLASS D _ $ �{ $ 31 $ [JIPt *Per acre per cycle price will be prorated for smaller parcels as determined by the City. PAGE 2 OF BID #3463 Bidder's Initials W-C-- CITY OF DENTON TWO-YEAR CONTRACT FOR MOWING PROPOSAL A - CITY MEDIANS & RIGHT-OF-WAYS Class A Mowing MEDIANS AND OTHER SITES: FOR MOWING OF WEEDS AND GRASS ON CITY MEDIANS AND LOTS WITHIN THE CORPORATE BOUNDARIES OF THE CITY OF DENTON, TEXAS, per all terms, conditions and specifications herein. Bid/ Size Cycles Mowing MEDIAN Medians Dallas Dr. 1-35 to Teasley Ln. Class A Acres 0.40 /ear Cycle Annual Bid Medians Teasley Ln. (Dallas Dr. to Lillian 32 $ $ 1 Miller Pk .) A 1.41 32 $ C I I Medians Lillian Miller (I-35 to Sundown Blvd.) Include medians under 1-35 A 1.08 32 $ -11, $ Carroll Blvd. (Old Fort Worth Drive to Sherman Dr.) See map (sites in median east and west sides) in Appendix C A 4.72 32 $( t Fort Worth Drive (1-35 to Old Fort Worth Drive.) University Dr. (Carroll to island west of 1-35) A 0.28 32 $ $ (Qt(4, See map (Three islands on south side of University)A 7.26 32 University Drive from Elm Street to Loop 288. A 2.58 32 $ I�}3. y1 $ Totals for Cycles and Annual Bid I $Iv $ �qLvt, f.LTra, Date Signature of Authorized Representative PAGE 3 OF BID #3463 i�4kcr^1Leh P+e�, Company Name Bidder's Initials ;f�4— CITY OF DENTON TWO-YEAR CONTRACT FOR MOWING PROPOSAL B — PARKS AND PUBLIC BUILDINGS Class A Mowing PARKS, MEDIANS, AND PUBLIC BUILDINGS: FOR MOWING OF WEEDS AND GRASS ON CITY SITES WITHIN THE CORPORATE BOUNDARIES OF THE CITY OF DENTON, TEXAS, per all terms, conditions and specifications herein. r 3 9 din L Z,4- Date Signature of Authorized Representative PAGE 4 OF BID #3463 Z—e-A a•✓ /*,4 . Company Name Bidder's Initials W CITY OF DENTON TWO-YEAR CONTRACT FOR MOWING PROPOSAL C - LIBRARIES Class A Mowing LIBRARY GROUNDS: MOWING OF WEEDS AND GRASS ON SITES, WITHIN THE CORPORATE LIMITS OF THE CITY OF DENTON, per all terms, conditions and specifications herein. Library Grounds Schedule: _ Site location Class Size Acres Number of Cycles Bid/Mowing Cycle North Branch Library, 3020 N. Annual Bid Locust St. A 1 32 $ $ South Branch Library, 3228 Teasley Lane A .98 32 $ 80, 00 Size Planter Bed Maintenance Class (Square Feet Number of C Cycles Bid/Mowing c —Cycle e Annual Bid North Branch Library A 21,100 32 . $ p,Cp $ Alternate Item for future consideration: Contractor shall submit separate per cycle mowing bids and per cycle planter bed maintenance bids. Per cycle planter bed maintenance costs shall include shrub trimming three times per year (as per specifications) and three applications of turf fertilizer (as per specifications). 3.9" oGae� Date Signature of Authorized Representative T Come n Na CGS, P Y PAGE 5 OF BID #3463 Bidder's Initials _W CITY OF DENTON TWO-YEAR CONTRACT FOR MOWING PROPOSAL D - CITY PARKS Class B Mowing PARKS: FOR MOWING OF WEEDS AND GRASS ON CITY SITES WITHIN THE CORPORATE BOUNDARIES OF THE CITY OF DENTON, TEXAS, per all terms,'conditions and specifications herein. 11, 3 m - 4t� Date Signature of Authorized Representative PAGE 6 OF BID #3463 Company Name Bidder's Initials SYL— CITY OF DENTON TWO-YEAR CONTRACT FOR MOWING PROPOSAL E —MEDIANS AND RIGHT OF WAYS -NORTH Class B Mowing MEDIANS AND OTHER SITES: FOR MOWING OF WEEDS AND GRASS ON CITY MEDIANS AND LOTS WITHIN THE CORPORATE BOUNDARIES OF THE CITY OF DENTON, TEXAS, per all terms, conditions and specifications herein Wat L Signature of Authorized Representative PAGE 1 OF BID #3463 �/L�-/ii'tt�✓ �+'d L4�L Company Name Bidder's Initials CITY OF DENTON TWO-YEAR CONTRACT FOR MOWING PROPOSAL F — MEDIANS AND RIGHT OF WAY -SOUTH Class B Mowing MEDIANS AND OTHER SITES: FOR MOWING OF WEEDS AND'GRASS ON CITY MEDIANS AND LOTS WITHIN THE CORPORATE BOUNDARIES OFTHE CITY OF DENTON, TEXAS, per all terms, conditions and specifications herein. MEDIAN Size Cycles/ $Bid/ $Annual Bid Ma hill 1-35 to Blue Jay) Acres 1.83 ear 20 Mowin C cle C} ( Colorado(Loop 288 to Ma hill 0.85 20 I Brinker Road 1-35 to Loop 288 1.14 20 Colorado (Loop 288 to island -north of San 1.5 20 Jacinto Blvd.) San Jacinto Blvd. 135 to Colorado —try) 0.5 20 t l Dallas Drive East side of Township II en 1.26 20 q Township11 6 islands 0.5 20 Teasley Lane East of Dallas Drive to Shady 0.24 20 Oaks Dr. Shady Oaks Blvd. Woodrow to deadend 0.5 20 Animal Control 300 S. Woodrow 0.3 20 9am to 4 pm Monday -Friday Eagle & Dallas Dr.(including under railroad 0.38 20 Eagle & Elm 0.05 20 I Dallas Drive & Robertson 4.33 20 , Wye Street & Industrial 0.4 20 1. Stroud & Sycamore drainage lots 0.44 20 Day Labor Site Fort Worth Drive & Collins 1'89 20 Kendoff & Underwood _ —35 0.4 20 4 Westrid e Circle 0.2 20 Bent Creek Estates Ent HWY 377 0.45 20 Ryan Rd. Forestrid e 0.27 20 t Forrestrid a Blvd. Hobson to Timbergreen 0.2 20 Wind River P 1-35 and @ 2181 0.04 20 Roberson Road Ccb Berk le 0.04 20 3 9 n gL Date Signature of Authorized Representative PAGE 8 OF BID #3463 *y(Q7.(4�13,�t Company Name Bidder's Initials �/�f— CITY OF DENTON TWO-YEAR CONTRACT FOR MOWING PROPOSAL G- FIRE STATIONS Class A and B Mowing FIRE STATION SCHEDULE OPTION ONE Site Location Size(acres) Number of $Bid/mowing $Annual Bid Cycles cycles 32 cycle bid Station #1 Bell P Hickory 0.3 Acres 32 Station #2.2209 E. McKinney 0.7 Acres 20 c cle bid 20 Station #3 1204 McCormick 0.2 Acres 20 Station #4 2110 Sherman Dr. 0.64 Acres 20 .00 Station #5 2230 W. Windsor Dr. 1.12 Acres 20 Station #6 3232 Teasle Ln. 0.4 Acres 20 Station @ 217 W McKinne 0.2 Acres 20 TOTAL ANNUAL BID $ $ OPTION TWO BED MAINTENANCE Station #1 Bell@Hickory St 5371 Square Station 217 W McKinne eet no beds � Station #2 2209 E. McKinney 623 Square Station #3 1204 McCormick at 174 Square' 5 eet Station #4 2110 Sherman Drive 567 Square eet Station #5 2230 W. Windsor Drive 55 Square Station #6 3232 Teasley Lane eet 96 Square c� eet TOTAL a j Date Signature of Authorized Representative PAGE 9 OF BID #3463 %2v�.tttiw L9*, G9r� Company Name Bidder's Initials X_ CITY OF DENTON TWO-YEAR CONTRACT FOR MOWING PROPOSAL H —CEMETERIES CLASS B MOWING 3-9-10 —�%.�` Date Signature of Authorized Representative PAGE 11 OF BID #3463 %e.. 1,.swa Zalc_ Company Name Bidder's Initials CITY OF DENTON TWO-YEAR CONTRACT FOR MOWING PROPOSAL I - SOLID WASTE/LANDFILL Site Location Class Size Acres Number of Cycles Bid/Mowing Cycles Annual Bid Mayhill Rd. Buffer Zone, 1100 Ma hill Rd. B 6.8 :k .20 $ ( I .► I $ Foster Rd. Buffer Zone, 1527 S. Ma hill Rd. B 3.8 20 $ �4-44$I Solid Waste Facilities Lawn, $ 1527 S. Me hill Rd. A .5 32 $ l I • ll $ M ILl Foster Rd. Proper -ties A 5.5 32 $ Entrance Area, 1527 S. Mayhill Rd. C 14 7 $ l.11 $ Totals for Cycles and Annual Bid $ ''iviama ce lus Seasonal Color Plantin s: Waste ties S. Ma hill Rd. A 2,900 sq. ft. 32 Contact David Dugger at (940) 349-8001 for additional information. Contractor shall submit separate per cycle mowing bids and per cycle planter bed maintenance bids. Per cycle planter bed maintenance costs shall include shrub trimming three times per year (as per specifications) and three applications of turf fertilizer (as per specifications). Date Signature of Authorized Representative Company Name PAGE 12 OF BID #3463 Bidder's Initials i/-$' CITY OF DENTON TWO-YEAR CONTRACT FOR MOWING PROPOSAL J — ELECTRIC SUBSTATIONS Site Location Class Size Acres Number of C cids Bid/Mowing Cycle Annual Bid Pole Yard, 1701 Spencer Rd. Add side of pole and Pockrus Substation, South of I- B Approx. 4.5 M 2O20 $ $ 35 E on Pockrus Rd. B Aeprox. 0.8 20 $ P.$ Northlakes Substation, N. Bonnie Brae at Riney Rd. B Approx. 0.5 20 $63 $ Denton North Interchange, N. $ Locust at Hercules B • A rox. 0.3 20 $ Kings Row Substation, Kings Row between Dunes St. and Marianne Cir. B A rox. 0.4 20 $ I $ Arco Substation, Gressling Rd. at Bla Rd. B A rox. 2.0 20 $ $ Hickory Substation, Bonnie Brae between Oak and Hicko B Approx. 0.4 20 $ $ Locust Substation, North of Daugherty St. between Locust and Myrtle B Approx. 1.25 20 $ 5q- $ Totals for Cycles and Annual Bid $ I $ 14. Contact Sam Bridges at (940) 349-7600 for additional information. Date Signature of Authorized Representative Company Name PAGE 13 OF BID #3463 Bidder's Initials h�(-- CITY OF DENTON TWO-YEAR CONTRACT FOR MOWING PROPOSAL K — WATER RECLAMATION contact Nete May at (940) 349-8429 for additional information. 9L J yL_ Date Signature of Authorized Representative PAGE 14 OF BID #3463 Company Name Bidder's Initials CITY OF DENTON TWO-YEAR CONTRACT FOR MOWING BID PROPOSAL L — CODE ENFORCEMENT The successful bidder shall furnish labor and equipment to mow high weeds and grass on private premises as authorized by a written notice from the Code Enforcement Office. Bids shall be submitted on an "all or none' basis, with the bid to be awarded on all categories to the lowest and the best bid. For bidding purposes, the City of Denton estimates that, in an annual period, there will be approximately 150 contracts in Category I, 75 contracts in Category II, and 10 contracts in Category III. These estimates are for acquainting the bidder with the probable volume of work, but do not establish a minimum or maximum of work to be expected during the bid Deriod. I -A Parcels of land up II -A Parcels of land up to 1 acre III -A Parcels of land mn g of Parcels with Unrestricted Access o parcel larger than three (3) feet, vacant lots) Bid Amount Bid Amount (Area to be mowed is up to (Majority of area to be 3' height) mowed s over 3' hei ht square feet i $ Z6• / er lot $ ! er lot square feet lot J$ �1, (-M /per lot I of Parcels with Restricted Access must fit through three (3) foot ooer (Area to be mowed is up to 3' height) Tana up to 10,000 square land up to 10,001 square land more than 1 acre Trash and Debris Removal wn o, �� guns removai eased on cubic yard call —CUTE Waste formula. IV �enion Houdy rate for special call out request: Hourly rate for tractor and mowers (Majority of area to be mowed is over 3' height) L_ I Hourly rate for labor and trimmer I$ aL Date Si9n ut orized Representative Company Name PAGE 18 OF BID #3463 Bidder's Initials _y r CITY OF DENTON TWO-YEAR CONTRACT FOR MOWING PROPOSAL M — RAIL TRAIL' Class C Mowing The mowing of 7.5 miles of rail trails starting at its northern limits at Ea$t Hickory Street in Denton and extending to its southern limits at Burl Road in Corinth Texas. The width of the trail corridor is approximately 50 feet either side of the centerline of the trail fgr a total width of 100 feet wide. The total acreage is 96.96 acres. Over 50% of this area is designated as no mow areas. The property also has Public Utilities that exist such as water lines, fiber optics lines, and telephone lines. Junction boxes and bleed valves are on site and may not be clearly marked. Rotary mowers will normally be required in all mowing of right of ways. Side mounted or pull behind mowers that extend beyond the width of the tractor are required for mowing slopes, ditches as well as close to trees and fences. Power hand mowers such as weed eaters or push mowers must be used around barricades and property posts, signs, trestles, utility installations etc. Height of cut will be between 3-5 inches. The City will not permit mowing when site conditions such as wet soil or otherweather conditions are such that damage to the right-of-way or trail could occur. Mowing will be delayed each spring to allow wildflower seed to mature, per all terms, conditions and specifications herein. Rail Trails East Hickory, Denton to Burl St., Totals for Cycle and 50% of 96.96 Hourly rate for special call out request: Hourly rate for tractor and mowers Hourly rate for labor and trimmer Number of I Bid/Mowing Date --- Z Signature Of Authorized Representative PAGE 19 OF BID #3463 $_qL& $ 19•ULl� * Company Name Bidder's Initials F1 ~ CITY OF DENTON TWO-YEAR CONTRACT FOR MOWING The undersigned agrees this bid becomes the property of the City of Denton after the official opening. The undersigned affirms he has familiarized himself with the local conditions underwhich the work is to be performed; satisfied himself of the conditions of„delivery, handling and storage of equipment and all other matters that may be incidental to the work, before submitting a bid. The undersigned agrees, if this bid is accepted, to furnish any and all items/services upon which prices are offered, at the price(s) and upon the terms and conditions contained in the Specifications. The period for acceptance of this Bid Proposal will be sixty (60) calendar days unless a different period is noted by the bidder. The undersigned affirms that they are duly authorized to execute this contract, that this bid has not been prepared in collusion with any other Bidder, nor any employee of the City of Denton, and that the contents of this bid have not been communicated to any other bidder or to any employee of the City of Denton prior to the official opening of this bid. Vendor hereby assigns to purchaser any and all claims for overcharges associated with this contract which arise under the antitrust laws of the United States, 15 USCA Section 1 at sea., and which arise under the antitrust laws of the State of Texas, Tex. Bus. & Com. Code, Section 15.01, et sea. The undersigned affirms that they have read and do understand the specifications and any attachments contained in this bid package. NAME AND ADDRESS OF COMPANY: r Gcr6-,/ 1 L.1,_* 44.F tSrp z?ee ac sr Fi �•%anJ 7r Tel. No. Ya-3';p9t_ COMFY IS: Business included in a Corporate Income Tax Return? AUTHORIZED REPRESENTATIVE: Signature_ R— 1.� Date_ 3, q_e,.�_ Name ,c/sc�sz Title Fax No, yo osr/ Email. szrPli£y F�arr� /u�91' c.., YES NO Corporation organized & existing under the laws of the State of Partnership consisting of .GL� Individual trading as ��(,/• ��% Principal offices are in the city of firjI14j T,swv. PAGE 20 OF BID #3463 Bidder's Initials F144— CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Bidder's attention is directed to the insurance requirements below. It is highly recommended that bidders confer with their respective insurance carriers or brokers to determine in advance of Bid submission the availability of insurance certificates and endorsements as prescribed and provided herein. If an apparent low bidder fails to comply strictly with the insurance requirements, that bidder may be disqualified from award of the contract. Upon bid award, all insurance requirements shall become contractual obligations, which the successful bidder shall have a duty to maintain throughout the course of this contract. STANDARD PROVISIONS: Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted work has been completed and accepted by the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter. As soon as practicable after notification of bid award, Contractor shall file with the Purchasing Department satisfactory certificates of insurance, containing the bid number and title of the project. Contractor may, upon written request to the Purchasing Department, ask for clarification of any insurance requirements at any time; however, Contractors are strongly advised to make such requests prior to bid opening, since the insurance requirements may not be modified or waived after bid opening unless a written exception has been submitted with the bid. 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 insurance policies proposed or obtained in satisfaction of these requirements shall comply with the following general specifications, and shall be maintained in compliance with these general specifications throughout the duration of the Contract, or longer, if so noted: Each policy shall be issued by a company authorized to do business in the State of Texas with an A.M. Best Company rating of at least A. Any deductibles or self -insured retentions shall be declared in the bid proposal. If requested by the City, the insurer shall reduce or eliminate such deductibles or self -insured retentions with respect to the City, its officials, agents, employees and volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. • Liability policies shall be endorsed to provide the following: •• Name as additional insured the City of Denton, its Officials, Agents, Employees and volunteers. •• That such insurance is primary to any other insurance available to the additional insured with respect to claims covered under the policy and that this insurance applies separately to each insured against whom claim is made or suit is brought. The inclusion of more than one insured shall not operate to increase the insurer's limit of liability. • All policies shall be endorsed to read: "SAID POLICY SHALL NOT BE CANCELLED, NONRENEWED OR MATERIALLY CHANGE WITHOUT 30 DAYS ADVANCED WRITTEN NOTICE BEING GIVEN TO THE OWNER (CITY) EXCEPT WHEN THE POLICY IS BEING CANCELLED FOR NONPAYMENT OF PREMIUM IN WHICH CASE 10 DAYS ADVANCE WRITTENNOTICE IS REQUIRED ". Should any of the required insurance be provided under a claims -made form, Contractor shall maintain such coverage continuously throughout the term of this contract and, without lapse, for a period of three years beyond the contract expiration, such that occurrences arising during the contract term which give rise to claims made after expiration of the contract shall be covered. Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit providing for claims investigation or legal defense costs to be included in the general annual aggregate limit, the Contractor shall either double the occurrence limits or obtain Owners and Contractors Protective Liability Insurance. • Should any required insurance lapse during the contract term, requests for payments originating after such lapse shall not be processed until the City receives satisfactory evidence of reinstated coverage as required by this contract, effective as of the lapse date. If insurance is not reinstated, City may, at its sole option, terminate this agreement effective on the date of the lapse. SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: All insurance policies proposed or obtained in satisfaction of this Contract shall additionally comply with the following marked specifications, and shall be maintained in compliance with these additional specifications throughout the duration of the Contract, or longer, ifso noted: [X] A. General Liability Insurance: General Liability insurance with combined single limits of not less than $ 500,000 shall be provided and maintained by the Contractor. The policy shall be written on an occurrence basis either in a single policy or in a combination of underlying and umbrella or excess policies. If the Commercial General Liability form (ISO Form CG 0001 current edition) is used: • Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual liability covering this contract and broad form property damage coverage. • Coverage B shall include personal injury. • Coverage C, medical payments, is not required. If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) is 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 liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability. [X] Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than $300,000 either in a single policy or in a combination of basic and umbrella or excess policies. The policy will include bodily injury and property damage liability arising out of the operation, maintenance and use of all automobiles and mobile equipment used in conjunction with this contract. Satisfaction of the above requirement shall be in the form of a policy endorsement for: • any auto, or • all owned, hired and non -owned autos. [X] Workers Compensation Insurance Contractor shall purchase and maintain Worker's Compensation insurance which, in addition to meeting the minimum statutory requirements for issuance of such insurance, has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 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 City, its officials, agents, employees and volunteers for any work performed for the City by the Named Insured. For building or construction projects, the Contractor shall comply with the provisions of Attachment 1 in accordance with §406.096 of the Texas Labor Code and rule 28TAC 110.110 of the Texas Worker's Compensation Commission (TWCC). [ ] Owner's and Contractor's Protective Liability Insurance The Contractor shall obtain, pay for and maintain at all times during the prosecution of the work under this contract, an Owner's and Contractor's Protective Liability insurance policy naming the City as insured for property damage and bodily injury which may arise in the prosecution of the work or Contractor's operations under this contract. Coverage shall be on an"occurrence" basis, and the policy shall be issued by the same insurance company that carries the Contractor's liability insurance. Policy limits will be at least combined bodily injury and property damage per occurrence with a aggregate. [ ] Fire Damage Legal Liability Insurance Coverage is required if Broad form General Liability is not provided or is unavailable to the contractor or if a contractor leases or rents a portion of a City building. Limits of not less than each occurrence are required. [ ] Professional Liability Insurance Professional liability insurance with limits not less than per claim with respect to negligent acts, errors or omissions in connection with professional services is required under this Agreement. [ ] Builders' Risk Insurance Builders' Risk Insurance, on an All -Risk form for 100% of the completed value shall be provided. Such policy shall include as "Named Insured" the City of Denton and all subcontractors as their interests may appear. [ ] Commercial Crime Provides coverage for the theft or disappearance of cash or checks, robbery inside/outside the premises, burglary of the premises, and employee fidelity. The employee fidelity portion of this coverage should be written on a "blanket" basis to cover all employees, including new hires. This type insurance should be required if the contractor has access to City funds. Limits of not less than each occurrence are required. [ ] Additional Insurance Other insurance may be required on an individual basis for extra hazardous contracts and specific service agreements. If such additional insurance is required for a specific contract, that requirement will be described in the "Specific Conditions" of the contract specifications. ATTACHMENT [X] Worker's Compensation Coverage for Building or Construction Projects for Governmental Entities A. Definitions: Certificate of coverage ("certificate") -A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC- 81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in §406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner -operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any overage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the Contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain from each other person with whom it contracts, and provide to the contractor: (a) a certificate of coverage, prior to the other person beginning work on the project; and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self - insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. 04/12/2006 06:39:18 PM Faxserver FAXSERVER Page 2 zit•: r �;: ACORD. CERTIFICATE OF LIABII ,. _ •.; DATE(hM/DD/YYYY) ITY INSURANCES ,', " , A 04/12/2006 .,, ,j FRODUCM AOn Risk services, inc. of Illinois Aon THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION 200 East Randolph ONLY AND CONFERS NO RIGHTS UPON TI IE CERTIFICATE HOLDER - Chicago IL 60601 USA THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. a v RHnxp:-(866) 283-7122 FAX-(847) 953-5390 c a INSURERS AFFORDING COVERAGE NAIC # INSURED nasURERA Zurich American Ins co 16535 Tr0GB1OdCare, L.L.C. P O Boxox 17167 . C _ INSURERB National union Fire Ins Co of Pittsburgh 19445 Memphis TN 38187 USA \� kp INSURERC c INSURm➢.. _ rJ C INSURER E � ,.2„ . , e9'°i£Se ..�aT.. •Eel THE POLICIES OF INSURANCE LISTED BELOW RAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT $VTTH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBIECf TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH PORRaLs..AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. MRR LTR INS TVFE OF INSURANCE PO11 LICY NUMB POLICY EFFECSIVE ➢ATE(AMIDDIYY) POLICY EXYLLN'nUN DATEO,M D\YU LAffTS A r ABILITY GLO293852803 01/01/06 01/01/09 EACH OCCURRENCE $3,000,000 DAMAGETORENTED $1,000,000 X COISMERCIAC GENERALMsenII.FIY CLAIIdS MADE ® OCCUR PREMISES T........) (Any one perz.nJ PERSONAL R ADV INIURY $3,000,000 yL. GENERAL AGGREGATE $5,000,000 DWI, AGGREGATE LIMIT ARRHES PER El POLICY ❑ PRO- ❑ ecCS n cr � � v PRODUCLS- CONS/OP AGG included A AUTOMOBILE LIA6LI/T'y� RAP2938531-0 01/01/06 01/01/09 CON®INED SINGLE LRHT AN---- ✓ (Ea a:caem) $5,000,000 ALL owNm Avros SCHEDULED AUTOS . BODII...RUURYe (per per[..an) IUREDAUTOS L�- Y < BODILY NMY IJON OWNED AUTOS (Per azadem) V PROPERTY DAMAEE (Per a[[idem) GARAGE LIABILITY AUTO ONLY - EA ACCME ANY AUTO OTHER aEa acte AGG B EXCESS N4IDRELLA LDIBISTY BE4485269 04/01/06 EACH OCCURRENCE El0,CUR ❑ CLAIMS MADE AGGREGATE $510001000 BDEDUCTTBLE RETENTION A A WORKERS COMPENSATION F.MI'LOVI•RS'LIARR.ITY I/ ANY PF.opxIHT'oRIPARTTdERIExECUTTVE oFFICEIvaiEadBER E%CLIIDIDI WC ADS W[293852703 O 01/01/06 01/01/09 X WC 3FATU- OTH. EL.EAcx AcclDEcrr Y1, 000, 000 E L. DISEASEEAEMPLOYEE $1, 000, 000 H , descnbe wd.s SPECIAL PROVISIONS bd— EL. DISEASE-POLR_-YLIMR $1,000,000 OTHER —_ DESC'RBn10N OF 0PERATIONS/LOCI'00NSNE}II^_LES/EXCLUSIONSADDED BY ENDORSEMENIISF'ECIALPROVISIONS Re: rruGreen Landcare BR p 6058. Bid Jk 3463 -Mowing- Rail Trail Medians, Rldy. grounds and FD. Said policy shall not be cancelled, nonrenewed or materially changed wihtout 30 days advance written notice being given to the owner (city) except when the policy is being cancelled for nonpayment of premium in which case 10 days advance written City of Denton SHOULD Attn: Jody Hays DATE 9g1B Texas street 30 ANY OF THE ABOVE DESCRIBED POLICIES HE CANCELLED BEFORE THE EXPIRATTON THEREORTHE ISSUING INSURERW L ENDEAVOR TO MAIL DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, s+ Denton TX 76201 USA BUT OF FAILURE TO DO SO SHA. IMPOSE NO CELIGATION OR LIABILITY ANY RIND UPCN THE INSURER, ES A'=S C'R REPRESEVTADDTS. G AUTHOF3.ED RFPFESENTATNE AOIt I�S/C ,93WOyi 6yG O,f-�I()tf 4 Y - ....,, AV0RI1MRPnRaT3nNAQ2 .. WE OF a 04/18/2006 09:02:00 AM Faxserver FAXSERVER Page 3 Attachment to ACORD Certificate for Truoreen Landcare, L.L.C. The (elms, conditions and provisions noted below are hereby attached to the captioned certificate as additional description of die coverage afforded by the insurer(s). This attachment does not contain all tents, conditions, coverages or exclusions contained in the policy. LNSIIRBD TruGreen LandCare, L.L.C. P O Rox 17167 Memphis TN 38187 USA ADDITIONAL POLICIES If a policy below does n INSURER INSURER INSURER INSURER INSURER of include limit information, refer to the corresponding policy on the ACORD certificate form for Dohcv Irmrts. tNM LTA ADDT INSRD TYPE OHINSURANCE ixi=N➢bffii POLICY DHSCRIPTIOM POLICY FHFHCTM DATE POLICY t;KPII noN DATE LIIrIITS DFSCRIPTLONOFOPE nONS10CATIONSNEHLCLFS/IXCLCSLONSADDMBYENDO�SPECJALPR,DMOITS notice is required. ti is included as Additional insured General Liability where required by written contract. Certificate No : 570017431893 PCRFOICNIA_NCF 13OND 13TATF Ol" TEXAS § Bond #285026690 COUNTY OP DEN'fON § KNOW ALL MFN By THESE PRESENTS: That Tru('neeiiLandcare%<vhose address is 255.0 I'.crner Street.,__ Fort Worth Texas 76111 hereinafter called Principal, and LibEtty Mutual Insurance. Company— a corporation organized and existine under the laws of?rue State of MA and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto tile City of Dcnton, a municipal corporation organized and existine under the laws of the S.atc o exas, hereinafter called Owner, in the penal sum of _fen 'fhousaud DOLLARS M 000) us ten percent of the stated penal sum as an additional sum of money representing additional court expenses, attorneys' fees, and liquidated damages arising out of or connected with the below identified Contract, in lawful money of the United States, to be paid in Denton County, '(exas, for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severalty, firmly by these presents. This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement, which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement, which reduces the Contract price, decrease the penal sum of this Bond. THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Pr ncipal entered into a certain Contract, identified by Ordinance Numb 006-092, with the City of Denton, tl:c Owner, dated the _GUl day of Aril ;1 T). 200G a copy of which is her - o attached and made a part hereof, for laid tt3463 — Tji�o-Yen t.Cont-vaq for Mowine NOW, TIFRUOR,Ji, if the Principal shall well, truly and faithfully perform and fulfill all of the utldertakings, covenants, terms, conditions and agreements of said Contract in accordance with the Plants, Specifications and Contract Documents during the original term thereof and any extension thereof which may be granted by the Owner, will, or without notice to the Surely, and during the life of any guaranty or warranty required under this Contract, and shall also well and truly perform and fidfill all the undertakings, covenants, terms, conditions and agreements of any and all duty authorized tnodificattons of said Contract that may hereafter be made, notice of which *modifications to the Surety being hereby waived; and, if the Principal shall repair and/or replace all defects due to faulty materials and workmanship that appear within a period of one (1) year from the date of final completion and final acceptance of the Work by the Owner; and, if the Principal shall fully indemnify and save harmless the Owner from all costs and damages which Owner may suffer by reason o f failure to so perform herein and shall fully reimburse and repay Owner all outlay and expense which the Owner may incur in mnkittg good any default or deficiency, tiler this obligation shall be void; otherwise, it shall remain in Pjll force and effect. P13-1 PROVIDED FURTHER, that if any legal action be filed upon this Bond, exclusive venue shall lie in Denton County, State of Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, SpcciScations, Drawings, etc., accompanying the same, shall in anywise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawin'-s, etc. This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, as amendal, and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Denton County to whom any requisite notices may be delivered and on whom setvico of process may be find in matters arising out of such suretyship, as provided by Article 7.19- 1 of the insurance Code, Vernon's Annotated Civil Statutes of the State of Texas. lh WI'1-NTSS WHEREU,, this instrument is executed in 2pics, each one of which shall be deemed an original, this the _4th day of _April 2006 ✓✓ . ATTEST: BY: _-- SgCRP-TARY ATTEST: BY PRYNCIPAT, Trugreen Landcare L.L.C. BY: PRESIDENT SURETY _Liberty Mutual Insurance Company BY: l r ORNE—( Al"I'ORNEY-Y-TN-1'AC Heather J. Meneghetti The Resident Agent of the Surety in Denton County, 'Texas for delivery of notice and service of the process is: NAP411: Liberty Mutual Insurance Company S"I REST ADDRESS: _ 12750 Merit Drive Suite 710 Dallas, TX 75251 (NOTE: Date of Performance Dan(l must be date of Contract. If Resident Agent is not a corporation, etve a person's name.) PB DESIGNATION OF REPRESENTATION 1, Lawrence L. Mariano, III, Vice President of TruGreen LandCare L.L.C., ("Company"), do hereby authorize and direct Gregory D. Hoff, Director, Risk Management Finance & Operations, or Karen M. Crawford, Senior Risk Analyst, 860 Ridge Lake Boulevard, Memphis, Tennessee 38120, to represent the Company to execute any and all bonds on behalf of the Company with full authority to execute the bond documents under the terms he or she deems advisable. TRUGREEN LANDC L.C. By: Lawrence L. Mar , III Vice President Dated: J - g - os� DESIGNATION OF REPRESENTATION I, Robert C. von Groben, Secretary of TruGreen LandCarc L.L.C., ("Company"), do hereby authorize and direct Gregory D. Hoff, Director, Risk Management Finance & Operations, or Karen M. Crawford, Senior Risk Analyst, 860 Ridge fake Boulevard, Memphis, Tennessee 38120, to represent the Company to execute any and all bonds on behalf of the Company with full authority to execute the bond documents under the terns he or she deems advisable. TRUGR�EENLANDCARE L.L.C. By: CC�AWti Robert C. von Grube , Secretary Dated: 5- 3-0S .I THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. - 1837264 This Power of'Attorney limits the acts, of those named herein, -and they have no authority to bind the Company except in the manner and to the extent herein stated.: - - LIBERTY, MUTUAL INSURANCE COMPANY BOSTON,MASSACHUSETTS - POWEROFATTORNEY" KNOW ALL.. PERSONS BY THESE PRESENTS: That Liberty. Mutual Insurance Compan he 'Company"), a Massachusetts stock insurance company,pursuant to -andby authority of the By-law and: Authorization hereinafter set forth, does hereby name, constitute and appoint KAREN M. CRAWFORD, DANIEL T. MORRIS, NORMA CRONIN, CRISLA PETRO- " Y, DIANE L. HENSLEY, ALL OF THE CITY OF MEMPHIS, STATE OF TENNESSEE AND HEATHER I MENEGHETTI, REGORY D. HOFF, ALL OF THE CITY OF DOWNERS GROVE, STATE,OFILLINOIS........ ....... :. .. .............................. each individually if there be moreltnan one named, its trueandlawful attorney -in -fact to make execute, seal acknowledge and deliver, for and on its behalf as surety and as its act and dead. anv,and all and rtakinas hnntic recnnnoanroe�nnd rar,o i..e execution of such undertakings, bonds, recognizances -and other surety Company as if. they had been duly signed by, the president and attested by. That this poweris madeand executed pursuant to and by authority of the fi o i�qa ions i e penal sum not exceeding 660 ' _) each, and the thesepresents, shall be as binding upon the in their own. proper persons. - ARTICLE XIII- Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing bythe chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as.may be necessary to act in behalf of: the Company to make, execute, seal;, acknowledge and, deliver as surety any'and all undertakings, .bonds,. recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full.power to bind the Company by their - signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be ;asbinding as if signed by the president and attested by the secretary. By the following, instrument the chairman or the president has authorized the officer or other official named therein to. appoint attorneys -in -fact Pursuant to Article XIII, Section 5 of the By -Laws, Garnet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, is hereby authorized to appoint such attorneys -in -fact as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and .deliver as surety any and all undertakings,: bonds,. recognizances and other surety obligations. That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of erty Mutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this 27th day of October p005 COMMONWEALTH OF PENNSYLVANIA COUNTY OF MONTGOMERY LIBERTY MUTUAL INSURANCE COMPANY 3 By l 4 -� _ sir /✓_ �� a0 Garnet W. Elliott, Assistant Secretary , l y Onthis .27th tlay of October' 2005 ,before me, a Notary .Public, personally came Garnet W Elliott,. to me known, and acknowledged that he is an Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seal of said corporation; and that he executed: the above Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto withthe authority and at the.directionof said corporation. I, the undersigned,. Assistantt7$ecretary is a full, true and correct copy, is in ful - said power of attorney is an Assistant. XIII, Section of the By-laws of Liberty company. affixed my notarial seal at F 4NSYLVANIA v Pennsylvania, on the day and year werof attorney of which the foregoing heofficeror official who executed the attorneys -in -fact as provided in Article "This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980. VOTED that the facsimile or mechanically reproduced signature of any assistantsecretary of the company, wherever appearing. upon a certified copy of any power of attorney issued by the company in connection with surety bonds, shall bevalid and binding upon the company with the same force and effect as though manually affixed. IN T TIMO WHEREOF, o hereunto subscribed my name and affixed the corporate seal of the said cc / pM any. is day of �g By" t/ David M. Carey, Assigt nt Secretary ,f £ N wC co 00 0, CO F�L State of Illinois County of DuPage On this L14U day of *- 0 before me personally appeared Heather J. Meneghetti, known to me to be the Attorney -in -fact of LIBERTY MUTUAL INSURANCE COMPANY, the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in the aforesaid county, the day and year in this certificate first above written. OFFICIAL SEAL MELISSA M. GRAY (Notary Public) Notary Public — State of Illinois My commission Expires Nov, 29, 2009 PAYiMENT BOND STATh 017 TEXAS $ Bond #285026690 COUNTY OF DEN VON § / KNOW ALT, MEN BY THESE PRESENTS: That ItgGreen T:endcare ✓ whose address is 2550 Herncr Strect Fort NVorth.'1'exas 76l l l hereinafter called Principal, and ihPny Mutnat InSmmnLP Cnn_ nany corporation organized and existing nndcr the laws of the Stale of MA , and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Denson, a municipal corporation organized and existing under the laws of the State of Tcxas, hereinafter called Owner, and unto all persons, firms, and corporations who may furnish material.; for, or perform tabor upon, the building (1r in )rovcments hcrcinaftcr referred to, in the penal sum of Ten 7llousand DOLLARS (510 00000_00) i lawful money of the United States, to be paid in Denton, County, Texas, for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. This Bond shall automatically be increased by the amount of ally Change Order or Supp'.emeutal Agreement which increases the Contract price, but in no event shall a Change Ordcr or Supplemental Agreement which reduces the Contract price decrease the penal sum of this Bond. TfIE OBLIGAI ION TO PAY SAME is conditioned as follows; Whereas, the Principal entered into a certain Contract. identified by Ordinance Number 20 -092, with the City of Denton, the Owner, dated the 4th _day of April A.D. 2006 Ia copy of whicl s hereto attached tmd oracle a part hereof, for Bid #3463 — Two -Year Contract for .Mowing NOW, TFIERFPORF., if the Principal shall well, troy and faithfully perform its duties and make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying labor_;rnd/or material in the prosecution of the WorR provided for in said Contract and any and all duty authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby expressly waived, then this obligation shall he void; otherwise it shall remain in full force and of ect. PROVIDED FLTPTHER, that if any regal action bo liled on this Bond, exclusive venue shall lie in Denton County, Texas. AND PROVIDED FURTHFk, that the said Surety, for value received, hereby stipulates and agreas that no change, extension of time, alteration or addition to the terms of the Contract, or to the Wort: to be performed thereunder, or to the Plans, Specifications, Drawings, etc., accompanying the same, shall in anywise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Speci fications, Drawings, etc. This Bond is given pursuant to the Provisions of Chapter 2253 of the Texas ( vc 7ntcnt Code, as intended, and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surctv herein as the Resident Agent in Denton County to whom zny requisite notices may he delivered and on whom service of process may be hall in matters arisine out of such Suety, as provided by Article 7.19-1 of the Insurance Code, Vemon's Annotated Civil Statutes of the State of Texas. 1N WITNESS WIlERFOF, this iustrununt i.s executed in 2 copies, each one of which shall be deemed an original, this Ihc_q� day of _April 2006 - _ A'l`I'EST: K00%&" rn. •w 13Y: --— SLCRET'ARY ATTEST: PRINCIPAI. Tru_qreen Landcare L.L�C. PRE•SIT) iNT SURETY Ubtitty—Ktuual In tsurance Company ATTORNEY -TN -FACT Heather J. Meneghetti The Resident Agent of the Surety in Denton County, Texas for delivery of novice and service of the process is: NAME: I Insurance Company STREET ADDRESS: _ 12750 Merit Drive Suite 710 Dallas, TX 75251 (NOTE: Dare of Paymenr Uond niusr he date of Conuacr. If Residc-tu Agent isnotn capornrim , Give aPerson's name.) PR-4 WITNESS my hand, at office, this 20th day of April, 2006. 1e�" c NOTARY Notary Pnbtic o tARO� e My Commission Expires: MY COMMISSION EXPIRES JAN. 29, 2008 s Fy°c DESIGNATION OF REPRESENTATION 1, Lawrence L. Mariano, 111, Vice President of TruGreen LandCare L.L.C., ("Company"), do hereby authorize and direct Gregory D. Hoff, Director, Risk Management Finance & Operations, or Karen M. Crawford, Senior Risk Analyst, 860 Ridge Lakc Boulevard, Memphis, Tennessee 38120, to represent the Company to execute any and all bonds on behalf of the Company with full authority to execute the bond documents under the terms he or she deems advisable. TRUGREEN LANDC L.C. By: Lawrence L. Mar III Vice President Dated: g 0-)-� DESIGNATION OF REPRESENTATION I, Robert C. von Gruben, Secretary of TruGreen LandCare L.L.C., ("Company"), do hereby authorize and direct Gregory D. Hoff, Director, Risk Management Finance & Operations, or Karen M. Crawford, Senior Risk Analyst, 860 Ridge Lake Boulevard, Memphis, Tennessee 38120, to represent the Company to execute any and all bonds on behalf of the Company with full authority to execute the bond documents under die terms he or she deems advisable. TRUGREEN LANDCARE L.L.C. By: _,j.,tti,, 0&- -- Robert C. von Grube , Secretary Dated: 5" 3 0 �j - ,THIS �OWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. - 183 /�7 265 . This Power of Attorney limits the acts of those named herein; and they: have no authority to bind: the,Company except in the manner and to the extent herein stated. - - LIBERTY MUTUAL INSURANCE COMPANY BOSTON, MASSACHUSETTS -POWER OF ATTORNEY --. KNOW ALL. PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company the "Company'), a Massachusetts stock insurance company, pursuant to and by authority of the By-law. and Authorization hereinafter set forth, does herebyname, constituteand appoint KAREN M. CRAWFORD, DANIEL T MORRIS, NORMA CRONIN, CRISLA PETRO-ROY, DIANE L. HENSLEY, ALL OF THE CITY OF MEMPHIS, STATE OFTENNESSEE AND HEATHER J. MENEGHETTI REGORY D..HOFF, ALL OF THE CITY OF DOWNERS GROVE, STATE:OF ILLINOIS... :.:..........::..... :.:........... ` ' each individually if there be more than one named, its tr and lawful attorney infact to: make, Execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed* any and all deriakings, bonds, recognizances and other sure tyry obligatiothe penal sum not exceeding ONE MILLION AND 00/100 "*- DOLLARS ($ .1000,000.00each, and the execution of such undertakings bontls:-.recognizances and other surety -obligations,, in pursuance; of these presents, -.shall be as binding upon the Company as if. they had been duly signed by the president and attested by thesecretary Company of. the in their own proper persons. That this power is made and executed pursuant toand by authonry of the following By-law and Authorization _ ARTICLE XIII - Execution of Contracts: Section 5. Surety Bonds and Undertakings.- Any officer of the Company authorized for that,purpose in writing by the chairman or the, president, and subject to such limitations as the chairman or the president may prescribe, shall appointsuch attorneys -in -fact, as may tie necessary to in behalf act of the Company to make, execute, seal, acknowledge and deliver,as surety any and all undertakings, bonds, recognizances and other surety obligations. Such i Z y attorneys -in -fact,. subject to thelimitationsset forth in their respective powers of attorney, shall have full power to bindthe Company by their t 0.. signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be It as binding as if signed by the president and attested by secretary. - s '00 C N. w By the following instrument the chairman or the president has authorized the officer or other official named the to appoint attorneys -in -fact: i aC' Pursuant to Article XIII, Section 5 of the -By -Laws, Garnet W. Elliott, Assistant Secretaryof Liberty Mutual Insurance Company, is hereby .% authorized to appoint such attorneys -in -fact as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge. and ti 7 deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. _ c That the By-law and the Authorization set forth above are two copies thereof and are now in full force and effect. - OF >,U C is IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of. the Company and the corporate seal of Liberty Mutual U. E E Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this 27th day of October 2005 - ,«O, Q.0 i. _ LIBERTY MUTUAL INSURANCE COMPANY vS _O do ;. s �� / ra-w-� /.✓_ � �iY- { ' a:� 1 G Garnet W. Elliott, Assistant .Secretary COMMONWEALTH OF PENNSYLVANIA ss in co C W COUNTY OF MONTGOMERY c 'C O �: On this 27th day of October 2005 , before me,. a.Notary Public, personally came Garnet W. Elliott, to me known; and acknowledged z' C that he is an Assistant Secretary of Liberty Mutual Insurance Y Com an that he knows. the seal of said corporation; and that he executed the above t Company;1 Power of Attorney and affixed the corporate seal. of Liberty Mutual Insurance Company thereto with the authority and at the direction of saidcorporation. io IN TESTIMONY WH Pn " y C v > E1 vd i�a unto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year t a O first above written. 4. �ONW { - f, N > i �� V� �= Y COMMONWEALTH DOFF P�ENNSYLVANIA. /, 1 EN 2 coi OF- ,7er�aPhaa Npary FUx7c By .t�l-' `cm Wy�rpili Tvp.. Mttprrlsly Carrty My(Arry T3 p 60a; MU. 29. cos ;. -Ter sa Pastella, Notary Public � � +� 4eeMer. PaemavWania Aa9oeiatWn d ".tow. - o y CERTIFICATE _ I, the undersigned, Assistant ecretary of -Liberty Mutual Insurance co is a full, true and correct .on_ .. _ : copy, , is in _fullforce and effect the :date said power of attorney is an Assistant Secretary authorize XIII, Section 5 of the By-laws of Liberty. Mutual Insurance Comoanv: attorney of which the foregoing L :er or official who executed the ys-in-factas provided in Article This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the following vote ofthe board of directors of Liberty Mutual Insurance Company at ameeting duly called, and held on the 12th day of March, 1980. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, whereverappearing upon a certified copy of any power of attorney issued by the company in connection with surety bonds, shall be v d and binding upon the company with the same force and effect as though manually affixed. - L/./,�,',� IN�TFF74`¢I^MKO- N JHEREOF, a e here o subscribed my name and affixed the corporate seal of the said company, this / �r day of UX BDavid y ZI. Carey: Ass'yst t Secret �� State of Illinois County of DuPage On this day of Q� before me personally appeared Heather J. Meneghetti, known to me to be the Attorney -in -fact of LIBERTY MUTUAL INSURANCE COMPANY, the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in the aforesaid county, the day and year in this certificate first above written. am EALRAY(Notary Public) e of Illinoisov. 29, 2009 CONTRACT AGREEMENT STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT, made and entered into this 4`h day of April A.D., 2006, by and between City of Denton of the County of Denton and State of Texas, acting through Howard Martin thereunto duly authorized so to do, hereinafter termed "OWNER," and Dencross Landscape Maintenance 1900 Northlake Trail Denton Texas 76201 of the City of �Q� County ofand 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 attached hereto, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified below: Bid 43463 — Two -Year Contract for Mowing in the amount of (per Exhibit A) 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 and the Performance and Payment Bonds, attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), and Instructions to Bidders, as referenced herein and on file in the office of the Purchasing Agent, and in accordance with all local, state and federal laws; and plans, which includes all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by: City of Denton Parks and Recreation Department all of which are referenced herein and made a part hereof and collectively evidence and constitute the entire contract. CA-1 i 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 covenants and agrees to and does hereby indemnify, hold harmless and defend, at its own expense, Owner, its officers, servants and employees, from and against any and all claims or suits for property loss or damage and/or personal injury, including death, to any and all persons, of whatsoever kind or character, whether real or asserted, arising out of the Work and services to be performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or invitees, whether or not caused, in whole or in part, by the alleged negligence of the officers, servants, employees, of the Owner. Contractor likewise covenants and agrees to, and does hereby, indemnify and hold harmless Owner during the performance of any of the terms and conditions of this Contract, whether arising out of in whole or in part, any and all alleged acts or omissions of officers, servants, or employees of Owner. The provisions of this paragraph are solely for the benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other person or entity. 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 these presents have executed this year and day first above written. ATTEST: ATTEST: S! !BSCRIBED AND SVPRN BEFORE Plies TW 6 DAY OF(1P.), 20 66 NOTARY JBLIC CITY ATTORNEY CA-3 KA ' IFALVdA � (SEAL) agreement in the 5� 71� CONTRACTOR 000 /v0,-rXLAkf 7-AAIL D4Y7-6/ TX 962 e 1 MAILING ADDRESS (7y)390-11C? CLfi-L 67w) 3zm-273, S1+mQ PHONE NUMBER o F �-3 �✓ FAX NUMBER T. TITLE 1,Kll--"/ , D, 7-IV4,"iA 'CI►"01►._u__ (SEAL) BID #3463 Exhibit A DATE: 3/9106 TWO-YEAR CONTRACT FOR MOWING DESCRIPTION VENDOR No.R Dencross Landscape Maintenance Principle Place of Business: Denton, TX PROPOSALS -ANNUAL BID PRICE A MEDIANS CLASS A B CITY PARKS CLASS A C LIBRARIES CLASS A D CITY PARKS CLASS B E CITY MEDIANS CLASS B NORTH F CITY MEDIANS CLASS B SOUTH G FIRE STATIONS CLASS A & B including Bed Maint H CEMETERIES I SOLID WASTE/LANDFILL CLASS A, B & C J ELECTRICAL SUBSTATIONS CLASS B $8,900.00 K WATER RECLAMATION CLASS A & C $18,465.00 L CODE ENFORCEMENT -SEE NEXT PAGE M RAIL TRAIL GENERAL MOWING SERVICE AS NEEDED BY THE CITY - PRICE PER ACRE PER CYCLE CLASS A $30.00 CLASS B $30.00 CLASS C $40.00 CLASS D $40.00 'Per acre per cycle price will be prorated for smaller parcels as determined by the City BID #3463 Exhibit A DATE: 3/9/06 TWO-YEAR CONTRACT FOR MOWING No. DESCRIPTION VENDOR Dencross Landscape Maintenance Principle Place of Business: Denton, TX PROPOSAL L- CODE ENFORCEMENT MOWING OF PARCELS WITH UNRESTRICTED ACCESS [-A Parcels of land up to 10,000 square feet (up to T/over 3') II A Parcels of land 10, 001 square feet to 1 acre (up to Wover 3') III -A Parcels of land more than 1 acre (up to T/over 3') MOWING OF PARCELS WITH RESTRICTED ACCESS B Parcels of land up to 10,000 square feet (up to T/over T) II-B Parcels of land 10,001 square feet to 1 acre (up to T/over T) III-B Parcels of land more than 1 acre (up to T/over 3') TRASH AND DEBRIS REMOVAL IV Trash & Debris removal based on cubic yard calculated by the COD Solid Waste formula Hourly Rate for Special Call Request Hourly rate for tractors & mowers Hourly rate for labor & trimmer PEnFORMANCE BOND STATE OF TEXAS COUNTY OF DENTON KNOW AIL MEN 13Y THESE PRESENT'S: That Dencross Landscape Maintenance whose address is 1900 Nottl�]ake Trail Denton Texas .76201 hereinafter called Principal, and D1:VFLnO�,Ps ��ocf,ic1;s-,�cirlui%✓.�/ a corporation organized and existing under the Laws of the State of and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a municipal corporation organized and existing na der the laws of 'the Stateof 'Texas, hereinafter called Owner, in the penal sum of Ten Thousand DOLLARS 10 000 Iflus ;ten -percent of the stated penal sum as an additional sutra of money representing additional court expenses, attorneys, fees, and liquidated damages arising out of or connected with the below identified Contract, in lawful money of the United States, to be paid in Denton County, Tom, for the payment of which sutlt well and truly to be made, we hereby bind ourselves, our beixs, executors,. administrators, snceessors, and assigns. jointly and severally, firmly by these presents. cents. This Bond shall automatically be increased by the autount Of MY Change Order or Supplernentat Agreement; which increases the Contract prier, but in no event shall a Change Order or Supplemental:Agreetacut, which reduces the Contract price, decrease the penal sum of this Bond THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain Contract, identified by Ordinance Thmnb� 2006-092- with fire City of Denton, the Owner, dated the 4 day of _ April AD_ Z1i06 ,ry copy of which is It to attached and made a part hereoL for Bid #3463 — Two-Yesr Contract for Mowing ✓ NOW, THEREFORE„ if the Priucripal shall well, truly and faithfully perform and fulfill all of the undertakings, covenants, terms, oonditiew and agreements of said Contract in accordance with the Plans, Specifications aid Contract Docuineuts.during the original term thereof and any extension thereof which may be granted by the Owner, with or without notice to the Surety, and during the kite of any guaranty or warranty requited ender this Contract, and shall also well and truly perform and fulfill all the undertakings, covenauits,:terms, conditions and agreaneds of any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby waived; and, if the Principal shall repair and/or replace all detects due to faulty materials and wmlamaoship that appear within a period of one (1) year from the date of final completion and final acceptance of the Work by the Owner, and, if the Principal shall fn11y indemnify and save harmless the Owner from all costs and damages wtuch Owner may suffer by reason of failure to so perfomn herein and shall fully reimburse and repay Owner all outiay and expense which the Owner may incur in making; good any default or deficiency, then this obligation shall be void; otherwise, it wall remain in full fame and effect. P13-1 o'd e7e'Fn on ac JdW PROVIDED Ft:JltTEMP, that it any legal action be filed upon this Bond, exclusive venue shall lie in Denton County, State of Texas. AND PROVIDED FURTHER, that the said Surety, for value msdved, hereby stipulates end apf that no change, extension of time, alteration or addition to the terms of the Contras or to the Work to be performed thereunder, or to the Plans, Speahcations, Drawings, etc., accompanying dw same, shall in anywise affoot its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the tents of the Contract, or to the Work to be pesfo�ed t he+enrnier, or to the plm1s, Specifications; Drawings, dc. This Bond is given pursuant to the provisions of t; hapW =3 of the Texas Government Cade, as amended, and any other applicable statutes of the State ofTexas, The Uudcrdtned and designated agent is hereby designated by the Surety herein as the Roddorn Age im Denton County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Article 7.14- 1 of the insurance Code, Vemodr. Annotated Civil Statutes of the Statc of Texas. IN WUNESS VIEU MF. this ui5lrnmmt is executed in evPi�, eatb "a of wbich shall be deemed an original, this the day of //, ATTEST: EW SECRETARY OFF 17,70 :1 1 w•w ••, JUANITA MORENO ATTEST' P ; Notary Public, State or Texas �My Commission J$,� YF'Y l.f% Px9ettM 19, 2006 The Resident Agent of the Surety in Denton County, Texas for delivery of notice and smavice of the Process is: STREET ADDMS: y'd eoz . T� /x76aog of Contract. if Resident Agent is not a corporation, give a PB" S_IBSCRISED ANi S N BEFORE NIE PB - 2 IS -4 DAY F 20t9� P C ` LIC EZ17:60 90 91 idV ✓' PAYMENT BOND STATE OF TEXAS COUNTY OF DENTON § KNOW ALL Nff3N BY THESE P1tES]'sNfS_ That Dennross whose address is _ 1900 Noetblake Trai] Da►taa exas 7$101 - hereinafter called Principal, and pFSu2�6TvNOFMu.'a organized and existing under the laws of the State of n r . c n.3 ni a and fully a dto on transact business io the State of Texas, as Surety, are held and fly bound unto the City of Denton, a mumOPal corporation organized and existing udder, the laws of the State of Texas, hereinafter called Owner, and unto all persons, Earns, and corporations who may finish materials for. or perform labor upon, the building or vcments hereinafter rcfeacd to, in the Penal sum Of Tar Thousand DOLLARS ($ 0 0 Ta lawfnt money of the United States, to be Paid in Denton, County, exas, for the payment of which sum well and truly, to be made, we hereby bind ourselves, our heirs, executors, admxxdZMWr8, Successors, and assigns. jointly anti severally, firmly by �c presents. This Board shall automatically he increased by the amount of any Change Ordw or gupptemeaml Agreement Wbich increases the Conumct Price, but in no event shall a MAW Order or Supplemental Agreement which reduces the Contract price decrease the penal sum of this Bond THE OBLIGATION TO PAY SAME a oonditionad es follows: Whereas, a Benton, pal entered into a certain Contract, ideati5ed by Ordinance Number 20T�d`J3 A.D. 06 , a copy of wluajr is hereto attached the Owner; dated the Ah day of it yw r i/ and made a part hereof, for id 3 —Two- NOW, THBRP.FORE, if the principal shall well, truly and fait] MY Pcdbrm its duties sad make prompt payment to all persons, firms, subeontraetots, corporations and claimants supplyingaall labor and/or material in the prosecution of the Work provided for in said Contract and �Y duly authorized modifications of said Contract mat may hereafter be made, notice of winch modifications to the Surety being hereby expressly waived' then this obligation sball be void, Otherwise it shall reraaiu in full force and effect action be filed on this Bond ®cclull srve venue sha PROVIDED FMTHM that if any legal lie in Denton County, Texas ud AND PROVIDBO FMT HEIR that the said SwctY, for value received, hereby t ricL or t the agrees that no change, extension of time, alteration or diti(M10 0� tc•, teams 1Ttawxng6• of the accompanying the e Work to be perfiormed thereunder, or to the Pion thi p Bond, and it does hereby waive notice Of any same, shall to anywise affect its obligati such change, extension of time, alteration or addition to the temps oche Contract, or to the Work to or to the Plans, $pecifiCations Drawin&sv be performed tber""der, ?B-3 -.A UEV160 90 9L AV This Bond is given pmmuant to the pmvisioas of Chapter 2253 of the Texas Government Code, as amended, and any other applicable statutes of the Stale of Texas. The undersigned and designated agent iS h=ty deSlgUted by the Surety htieiIl 2s the Resident Agent im Denton County to whom any retpdsite notices may be dclivand and on whom service of process may be had iu matters auisiag out of such tnuoty, as provided by Article 7.19-1 of the Insurj=e Code, Vernon's Annotated Civi(SUtutes ofthe State of Texas. 'N ASS WF1&4I60F, this instrument is executed in shall be deemed an original, this the rff day oflyp copies, each one of which ATTEST': BY: SECRETARY �`•. JUANITA MORENO •@ i Notary public, State of Texas ATTEST: `;E d'=` My commission Exp. Dec. 19, 2008 By. f BY; . R PRFSW04T 4f`I ay 1 / The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is: R!" „t STREET ADDRESS: (NOTE. Date of Paymens Bond must be dare of Contract_ if Resident Agent is not a corporation, give a penon's name.) SUBSCRIBED AND SWORN BEFORE ME ISM DAY OF "" ERT �itp,,aq 20 0 4p9 HU �% NOTA. PUBLIC A ; �oit�iVa�e�cr PB ... 4y�` %ice •;aelREA. POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY PO BOX 19725, IRVINE, CA 92623 (949) 263-3300 www.InscoDico.cmn KNOW ALL MEN BY THESE PRESENTS, that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY`Oocs hereby make, constitute and appoint / *`*Virginia L. Girdley**V as its true and lawful AUomcy(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporation as surety, bonds, undertakings and contracts of suretyship giving and granting unto said Attomey(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as the corporation could do, but reserving to the corporation full power of substitution and revocation, and all of the acts of said Attomey(s)-in-Fact, pursuant to these presents, arc hereby ratified and confirmed. This Power ofAttorney is granted and is signed by facsimile under and by authority of the following resolution adopted by the Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY ciTective as of November I, 2000: RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of Attorney, qualifying the Attorney(s)-in-Fact named in the Powers ofAttomey to execute, on behalf of the corporation, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporation be, and each of them hereby is, authorized to attest the execution of any such Power ofAt Atonality; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY has caused these presents to be signed by its respective Executive Vice President and attested by its Secretary this I st day of February, 2005. By: David H. Rhodes, Executive Vice -President By. Walter A. Crowell, Secretary STATE OF CALIFORNIA ) )SS. COUNTY OF ORANGE ) OCT. 10 1936 On February 1, 2005, before me, Nita G. Hif rreyer, personally appeared David H. Rhodes and Walter A. Crowell, personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal NITA G. HIFFMEYER COMM. # 1543481 Signature NOTARY PUaUC CAUFORNIA ORANGE COUNTY r�u MY wmm. atplres Jan. 70,2W9 t CERTIFICATE The undersigned, as Executive Vice -President, of DEVELOPERS SURETY AND INDEMNITY COMPANY, does hereby certify that the foregoing Power of Attomcy remains in full force and has not been revoked, and funhennorc, that the provisions of the resolution of the respective Boards of said corporation set forth in the Power of Attorney, is in force as of the date of this Certificate. Directors of This Certificate is executed in the City of Irving California, the 10 t_h day of / _ADrl 1 9f10fi , David L. Kerrigan, Executive Vice -President ID-1438(DSI)(Rcv. 2/05) CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Bidder's attention is directed to the insurance requirements below. It is highly recommended that bidders confer with their respective insurance carriers or brokers to determine in advance of Bid submission the availability of insurance certificates and endorsements as prescribed and provided herein. If an apparent low bidder fails to comply strictly with the insurance requirements, that bidder may be disqualified from award of the contract. Upon bid award, all insurance requirements shall become contractual obligations, which the successful bidder shall have a duty to maintain throughout the course of this contract. STANDARD PROVISIONS: Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted work has been completed and accepted by the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter. As soon as practicable after notification of bid award, Contractor shall file with the Purchasing Department satisfactory certificates of insurance, containing the bid number and title of the project. Contractor may, upon written request to the Purchasing Department, ask for clarification of any insurance requirements at any time; however, Contractors are strongly advised to make such requests prior to bid opening, since the insurance requirements may not be modified or waived after bid opening unless a written exception has been submitted with the bid. 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 insurance policies proposed or obtained in satisfaction of these requirements shall comply with the following general specifications, and shall be maintained in compliance with these general specifications throughout the duration of the Contract, or longer, ifso noted: Each policy shall be issued by a company authorized to do business in the State of Texas with an A.M. Best Company rating of at least A. Any deductibles or self -insured retentions shall be declared in the bid proposal. If requested by the City, the insurer shall reduce or eliminate such deductibles or self -insured retentions with respect to the City, its officials, agents, employees and volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. • Liability policies shall be endorsed to provide the following: •• Name as additional insured the City of Denton, its Officials, Agents, Employees and volunteers. •• That such insurance is primary to any other insurance available to the additional insured with respect to claims covered under the policy and that this insurance applies separately to each insured against whom claim is made or suit is brought. The inclusion of more than one insured shall not operate to increase the insurer's limit of liability. • All policies shall be endorsed to read: "SAID POLICY SHALL NOT BE CANCELLED, NONRENEWED OR MATERJALLY CHANGE WITHOUT 30 DAYS ADVANCED WRITTEN NOTICE BEING GIVEN TO THE OWNER (CITY) EXCEPT WHEN THE POLICY IS BEING CANCELLED FOR NONPAYMENT OF PREMIUM IN WHICH CASE 10 DAYS ADVANCE WRITTEN NO TICE IS REQ UIRED': • Should any of the required insurance be provided under a claims -made form, Contractor shall maintain such coverage continuously throughout the term of this contract and, without lapse, for a period of three years beyond the contract expiration, such that occurrences arising during the contract term which give rise to claims made after expiration of the contract shall be covered. • Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit providing for claims investigation or legal defense costs to be included in the general annual aggregate limit, the Contractor shall either double the occurrence limits or obtain Owners and Contractors Protective Liability Insurance. • Should any required insurance lapse during the contract term, requests for payments originating after such lapse shall not be processed until the City receives satisfactory evidence of reinstated coverage as required by this contract, effective as of the lapse date. If insurance is not reinstated, City may, at its sole option, terminate this agreement effective on the date of the lapse. SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: All insurance policies proposed or obtained in satisfaction of this Contract shall additionally comply with the following marked specifications, and shall be maintained in compliance with 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 limits of not less than $ 500,000 shall be provided and maintained by the Contractor. The policy shall be written on an occurrence basis either in a single policy or in a combination of underlying and umbrella or excess policies. If the Commercial General Liability form (ISO Form CG 0001 current edition) is used: • Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual liability covering this contract and broad form property damage coverage. • Coverage B shall include personal injury. • Coverage C, medical payments, is not required. If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) is 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 liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability. [X] Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than $300,000 either in a single policy or in a combination of basic and umbrella or excess policies. The policy will include bodily injury and property damage liability arising out of the operation, maintenance and use of all automobiles and mobile equipment used in conjunction with this contract. Satisfaction of the above requirement shall be in the form of a policy endorsement for: • any auto, or • all owned, hired and non -owned autos. [X] Workers Compensation Insurance Contractor shall purchase and maintain Worker's Compensation insurance which, in addition to meeting the minimum statutory requirements for issuance of such insurance, has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 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 City, its officials, agents, employees and volunteers for any work performed for the City by the Named Insured. For building or construction projects, the Contractor shall comply with the provisions of Attachment 1 in accordance with §406.096 of the Texas Labor Code and rule 28TAC 110.110 of the Texas Worker's Compensation Commission (TWCC). [ ] Owner's and Contractor's Protective Liability Insurance The Contractor shall obtain, pay for and maintain at all times during the prosecution of the work under this contract, an Owner's and Contractor's Protective Liability insurance policy naming the City as insured for property damage and bodily injury which may arise in the prosecution of the work or Contractor's operations under this contract. Coverage shall be on an"occurrence" basis, and the policy shall be issued by the same insurance company that carries the Contractor's liability insurance. Policy limits . will be at least combined bodily injury and property damage per occurrence with a aggregate. [ ] Fire Damage Legal Liability Insurance Coverage is required if Broad form General Liability is not provided or is unavailable to the contractor or if a contractor leases or rents a portion of a City building. Limits of not less than each occurrence are required. [ ] Professional Liability Insurance Professional liability insurance with limits not less than per claim with respect to negligent acts, errors or omissions in connection with professional services is required under this Agreement. [ ] Builders' Risk Insurance Builders' Risk Insurance, on an All -Risk form for 100% of the completed value shall be provided. Such policy shall include as "Named Insured" the City of Denton and all subcontractors as their interests may appear. [ ] Commercial Crime Provides coverage for the theft or disappearance of cash or checks, robbery inside/outside the premises, burglary of the premises, and employee fidelity. The employee fidelity portion of this coverage should be written on a "blanket" basis to cover all employees, including new hires. This type insurance should be required if the contractor has access to City funds. Limits of not less than each occurrence are required. [ ] Additional Insurance Other insurance may be required on an individual basis for extra hazardous contracts and specific service agreements. If such additional insurance is required for a specific contract, that requirement will be described in the "Specific Conditions" of the contract specifications. ATTACHMENT 1 [X] Worker's Compensation Coverage for Building or Construction Projects for Governmental Entities A. Definitions: Certificate of coverage ("certificate") -A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC- 81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in §406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner -operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any overage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the Contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain from each other person with whom. it contracts, and provide to the contractor: (a) a certificate of coverage, prior to the other person beginning work on the project; and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self - insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. Dencross Landscape Maintenance 1900 Northlake Trl. Denton, Tx 76201 940-390-1168 Re: Request For Locally -based business preference Bid #3463 — Two Year Contract for Mowing Proposal K — Water Reclamation I request that Dencross Landscape Maintenance be awarded the contract for part K of bid 3463. I operate both M.E.T. Lawncare and Dencross Landscape Maintenance from offices in the city of Denton. Some of my involvement in the local community is listed below. Resident of Denton for 28 years. Have operated my mowing business from a location in Denton for over 15 years. Member of the Chamber of Commerce. Donate services to various Denton chanties and Churches from time to time. Help sponsor & support various clubs at Denton High School through donations. Employ 3 — 6 people, all reside in Denton. Purchase most equipment & supplies from businesses located in Denton. Thank you, aleff Thomas 04/06/2006 13:50 FAX 9405661893 _ LORD AND CO. INSURANCE A 16002 A DATE ACORD,N CERTIFICATE OF LIABILITY INSURANCE 03/3o/2006 Agents, Inc. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION PRODUCER -Lord & Co Ins A CO g ONLY AND INFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR _ (940) 382.9324 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW- P.O, pox 946 INSURERS AFFORDING COVERAGE Denton TX 7620-- iNsuRR�D ,DENCROSS F..NTERPRISRS LP.'ET.P.L _ INSURER A. AMERICAN M1 RCURY LLOYDS . — r^� N4vaER e; SERVICE LLOYDS TNSURANCF CO _.. l INSURER C'. 1900 NORTHLAKE TRAIL INSURER D. P --' — DENTON TX 76201 NSURER COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY TERM OR CONDITION Of ANY CONTRACT OR OTHER DOCUMENT MAY PERTAIIN,MTHE TINSURANC AFFFOR ED BY THE POLICIES DESCRIBED HEREIN ISSUe ISUBJECT TO ALL THE TERMS, EXCLUSIONS AND COND TH RESPECT TO WHICH THIS CERTIFICATE MAY T ONS OF SDUCCH .... ,..me r_oererd I OUITR RHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. r/ MERCIAL GENERAL LIABILITY CLAIMS MADE I ^OCCUF 10 BLTD DEDUCT, M1OWLE IaAa1MTY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON.O WNED AUTOS 1/2007 COMBINED SINGLE LIMIT IS (Ea e�ewen0 S YINJURY 5 PROPERTY DAMAGE 15 (Per acddenl) ANY AUTO I I AUT NLLYYN O -KCEBS LIABIUTT OCCUR u CLAIMS MADE DEDUCTIBLE RETENTION S WORKERS COMPENSATION AND/ EMPLOYERS 1LIBILITY OTHER DESCRIPnoN OF OPERATIONSILGCATiONSNEHICLESJ"CLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS Name Insured continued ... dba: AAA Builders Landscape / dba: Deneross L _.yH_E^'^A )`'i"^tenance % dba: M.E.T. Lavvncare. Certificate Holder is ADDITIONAL TNST ITlED as regards to GENERAL LIABILITY for LANDSCAPE GAR.FN1NG. Products/CGmpicted Operations coverage is included in the aggregale limit, _✓ CITY OF DeNTON' ATTN: JoDY HAYS - PURC.DEPT 90113 TEXAS STREET DENTON 3000 _ 500.000 1,000,000- SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED 8EFM THEE PIRATIC DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTE NOTICE TO THE CERRFICATE HOLDER NAMED TO THE LEFT, BUT F RE TO DO SO SHAI IMPOSE NO 08L ATION RV LIABILITY OF ANY KI ON INS ER AGEN 77 REPRESES ENTAn . TX 76201 AUTHORI teo RE TA MARTHA DBLAR15SA 0 ACORD CORPORATION 1£ AI 06 06 02:02p STATE FARM TIM SHOOPMA p.2 A - �-/v'- 3�( ..s CERTIFICATE OF INSURANCE SUCH INSURANCE AS RESPECTS THE INTEREST OF THE CERTIFICATE HOLDER NAMED BELOW WILL NOT BE CANCELED OR OTHERWISE TERMINATED WITHOUT GIVING 10 DAYS PRIOR WRITTEN NOTICE TO THE CERTIFICATE HOLDER, BUT IN NO EVENT SHALL THIS CERTIFICATE BE VALID MORE THAN 30 DAYS FROM THE DATE WRITTEN. THIS CERTIFICATE OF INSURANCE DOES NOT CHANGE THE COVERAGE PROVIDED BY ANY POLICY DESCRIBED BELOW. This certifies that. ® STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY of Bloomington, Illinois ❑ STATE FARM FIRE AND CASUALTY COMPANY of Bloomington, Illinois ❑ STATE FARM COUNTY MUTUAL INSURANCE COMPANY OF TEXAS of Dallas, Texas ❑ STATE FARM INDEMNITY COMPANY of Bloomington, Illinois, or ❑ STATE FARM GUARANTY INSURANCE COMPANY of Bloomington, Illinois has cover a a in force for the following Named Insured as shown below: 9 / NAMED INSURED: Dencross Landscape Maintenance✓ ADDRESS OF NAMED INSURED: 1720 w University Drive Ste F Denton, TX 76201 POLICY NUMBER 076 1401-0O2-43'1 EFFECTIVE DATE OF POLICY C3/02/06 55 Ford F350 DESCRIPTION OF 1FTJW35F3SEA49555 VEHICLE onduding VIN) LIABILITY COVERAGE ®YES ❑ NO ❑ YES ❑ NO ❑ YES ❑ NO ❑ YES ❑ NO LIMITS OF LIABILITY a. Bodily Injury V _ Each Person 25000E r Each Accident 500D00 b. Property Damage i i Each Accident 100000 1 c. Bodily Injury & Property Damage Single Limit Each Accident PHYSICAL DAMAGE COVERAGES 10YES ❑ NO ❑ YES ❑ NO ❑ YES ❑ NO ❑ YES ❑ NO a. Comprehensive $ 500 Deductible $ Deductible $ Deductible $ Deductible ® YES ❑ NO ❑ YES ❑ NO ❑ YES ❑ NO ❑ YES ❑ NO b. Collision $ 500 Deductible $ Deductible $ Deductible $ Deductible EMPLOYERS NON -OWNED OAR LIABILITY COVERAGE ❑ YES ❑ NO ❑ YES ❑ NO ❑ YES ❑ NO ❑ YES ❑ NO LIABILITY COVER ❑ YES ❑ NO ❑ YES ❑ NO ❑ YES ❑ NO ❑ YES ❑ NO AGE FLEET- COVERAGE FOR tOYES ALL CWNEDAND LICENSED ❑ YES ❑ NO ❑ NO ❑ YES ❑ NO ❑ YES ❑ NO MOTOR VEHICLES IS ritle 43-7665 04/0 City of Denton Tim Shoopman ✓ 901 H Texas St 1004 N Locust St Denton, TX 76201 Denton, TX 76201 RE: BID 4 3463 The above listed additional insured will be notified via address above if{D. 3$3• a-Cr /4f the pclicy is being cancelled. ppr the laws set forth in the state of Texas. ✓ INTERNAL STATE FARM USE ONLY: ❑ Request permanent Certificate of Insurance for liability coverage. 122429.3 Rev, o7-26-2005 ID Request Certificate Holder to be added as an Additional Insured. L� Apr 06 06 02:02p STATE FARM TIM SHOOPMA p.1 SHOOPMAN, TIM Auto -Life -Health -Home and Business InT N. -LOCUST DENTON, TX 76201 PHONE (940) 383-2614 April 06, 2006 STATE FARM INSURANCE LOCAL: 940-383-2614 METRO: 972-445-6544 FAX: 940-387-2892 DELIVE COMPAN FAX#: WZildm COMMENTS: DATE: TIME: PAGES: ACORD CERTIFICATE OF LIABILITY INSURANCE DATE TN 1 03/30/2006 PRODUCER Lord & Co Ins Agents, Inc. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE (940) 382-9324 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. Box 946 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Denton TX 76202 INSURERS AFFORDING COVERAGE INSURED DENCROSS ENTERPRISES LP ET AL INSURER AMERICAN MERCURY LLOYDS INSURER B: SERVICE LLOYDS INSURANCE'CO. 1900 NORTHLAKE TRAIL INSURER C: DENTON TX 76201 INSURER D. INSURER E' :OVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIABILITY CLP7016568 04/01/2006 04/01/2007 EACH OCCURRENCE $ 500,000 FIRE DAMAGE (My one fire S 50,000 X COMMERCIAL GENERAL LIABILITY CLAIMS MADE OCCUR MED EXP (MY one rson) $ 5000 PERSONAL & ADV INJURY $ 500,000 X $500 BI/PD DEDUCT PER CLAIM GENERAL AGGREGATE $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG It INCLUDED X POLICY PRO- LOC AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per Person) - $ ALL OWNED AUTOS SCHEDULED AUTOS - BODILY INJURY (Per accident) - - - $ HIREDAUTOS - NON -OWNED AUTOS - PROPERTY DAMAGE (Per accident) $ - GARAGE LIABILITY AUTOONLV-EAACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGG EXCESS LIABILITY EACH OCCURRENCE $ OCCUR F-ICLAIMS MADE AGGREGATE $ E g DEDUCTIBLE $ RETENTION $ B WORKERS COMPENSATION AND SRX9846-06 01/24/2006 01/24/2007 1 X wC STATU- OTH- EMPLOYERS' LIABILITY EL EACH ACCIDENT I E 100,000 E.LDISEASE-EAEMPLOYEE $ 100,000 E.L. DISEASE -POLICY LIMIT $ 500,000 OTHER DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Name Insured contigued... dba: AAA Builders Landscape / dba: Dencross Landscape Maintenance / dba: M.E.T. Lawncare. Certificate Holder WADDITIONAL INSURED as regards to GENERAL LIABILITY for LANDSCAPE GARDENING. Products�Completed,Operations coverage is included in the aggregate limit. General Liability for..Landscape Gardening fJ CERTIFICATE HOLDER I I snn.... .. .... CANCFI I ATION _L SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION -`- -CITY Cd''DENTON - PARKS & REC. 30 DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL DAYS WRITTEN { ATTN: BOB TICKNER NOTICE TO THE CERTIFICATE ER NAMED TO THE LEFT, BUT FAI R TO DO SO SHALL • 321 E. MCKINNEY IMPOSE NO OBLIGATI N O ITV OF A Y KI THE UR ,ITS ENTS REPRESENTATIVES. DENTON TX 76201 AUTHORIZED REPRESE MARTHA DELAROSA r— AGUKU Zb-S (//9/) © ACORD CORPORATION 1988 '04/06/2006 13:50 FA% 9405661893 LORD AND CO. INSURANCE A 141 001 Lord & Co., Insurance Agents, Inc. P.O. Box 946, Denton, TX 76202 Denton (940) 382-9324 Dallas (972) 420-7903 Fax (940) 566-1893 Fax Transmittal Cover Sheet From the Desk of Marilou Escamilla Attn: Jody Hays Date: 04/06/06 At: 940-349-7302 Time: 1:34 Re: Dencross Landscape Maintenance Re: Bid # 3463 # Of pages including cover sheet: 2 Please see attached certificate of insurance for Jeffrey Thomas (Dencross Landscape Maintenance) showing the City of Denton as additional insured with a 30-day notice of cancellation. Please contact our office if any of the requirements are not met. Please call one of the above numbers if this fax is incomplete. Thank you!!