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2011-080ORDINANCE NO. 2011-080 AN ORDINANCE ACCEPTING COMI'ETITIVE BIDS AND AWARDING A THREE-YEAR CONTRACT FOR LANDSCAPING AND SOD REPLACEMENT SERVICES FOR VARIOUS CITY DEPARTMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTNE DATE (BID 4673-THREE-YEAR CONTRACT FOR LANDSCAPING/SOD REPLACEMENT SERVICES AWARDED TO THE OVERALL LOWEST RESPONSIBLE BIDDER MEETING SPECIFICATION, CLASSIC LANDSCAPES,INC.1N THE ANNUAL ESTIMATED AMOUNT OF $110,000). 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; 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 4673 1-14 VENDOR Classic Landscapes Inc. AMOUNT Exhibit A 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. �/L/�- PASSED AND APPROVED this �/` day of , 2011. � L�'LC �-C �,� � ; MARK A. BLJRR UGHS� AY R ATTEST: JENNIFER WALTERS, CITY SECRETARY B APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY ,� BY: � �—_-� ��, � 3-ORD-BID 4673 EXHIBIT A BID # 4673 DATE: APRIL 21, 2011 THREE-YEAR CONTRACT FOR LANDSCAPING/SOD REPLACEMENT ITEM UOM DESCRIPTION VENDOR Classic Landscapes Inc. Principle Place of Business: Denton, TX Bermuda installed to grade with limited ground 1 sq. yd. preparation. Price to include, materials, labor and $4.00 equipment. Bermuda installed to grade with minunal ground 2 sq. yd. preparation (less than 2"). Price to include, materials, $4.25 labor and equipment. St. Augustine installed to grade with limited ground 3 sq. yd. preparation. Price to include, materials, labor and $4.25 equipment. St. Augustine installed to grade with minimal ground 4 sq. yd. preparation (less than 2"). Price to include, $4.50 materials, labor and equipment. 5 ea �ne gallon perennial installed. Price to include, $10.00 materials, labor and equipment. 6 ea one gallon shrub installed. Price to include, $10.00 materials, labor and equipment. 7 ea Three gallon perennial installed. Price to include, $25.00 materials, labor and equipment. 8 ea Tl�ree gallon shrub installed. Price to include, $25.00 materials, labor and equipment. 9 ea Five gallon perennial installed. Price to include, $30.00 materials, labor and equipment. 10 ea Five gallon shrub installed. Price to include, $30.00 materials, labor and equipment. 11 ea Ten gallon perennial installed. Price to include, $�5.00 materials, labor and equipment. 12 ea Ten gallon shrub installed. Price to include, �'75.00 materials, labor and equipment. Thirty gallon perennial installed. Price to include 13 ea materials,labor and equipment. � $175.00 14 ea Thirty gallon shrub installed. Price to include, $175.00 materials, labor and equipment. NOTE: All above prices must include all materials, equipment, labor and supe�vision to restore excavation and/or yard damage to be comparable and compatible with existing surroundings outside the damaged area. CONTRACT BY AND BETWEEN CITY OF DENTON, TEXAS AND BID NO. 4673 THIS CONTRACT is inade and entered into tlus 17 day of May A.D., 2011, by and between Classic Landscapes, Inc. a corporation, whose address is PO Box 1247, Denton, TX 76202, hereinafter referred to as "Contractor," and the CITY OF DENTON, TEXA.S, a home rule municipal coiporation, hereinafter referred to as "City," to be effective upoil approval of the Denton City Council and subsequent execution of this Contract by the Denton City Manager or his duly authorized designee. For and in consideration of the covenants and agreements contained llerein, and for the mutual benefits to be obtained hereby, the parties agree as follows: I. SCOPE OF SERVICES Contractor shall provide all labor, supervision, materials and equipmeilt necessary for Bid 4673 — Three-Year Contract for Landscapin�/Sod Replacement. These products and services shall be provided in accordance with the Specifications for Bid 4673, a copy of wluch is attached hereto and incorporated herein as Exhibit "A" (or on file in the office of the Purchasing Agent), and the Coiltractar's Bid in response thereto, a copy of which is attached hereto and incorporated hereiii for all purposes as Exhibit ' B". The Contract consists of this written agreement and the following items which are attached hereto and incorporated herein by reference: (a) Specifications for Bid 4673; (Exhibit "A" or on file in the of�ce of the Purchasing Agent}. (b) Contractor's Bid. (Exhibit "B"); (c) Insurance Requireinents. (Exhibit "C"); (d) Form CIQ — Conflict of Interest Questionnaire (Exhibit "D"). • These documents malce up the Contract documents and what is called for by one shall be as binding as if called for by all. In the event of an inconsistency or conflict in any of the provisions of the Coiitract documents, the inconsistency or conflict shall be resolved by giving precedence first to the written agreement then to the contract documents in the order in which they are listed above. These documents shall be referred to collectively as "Coiitract Documents." II. TIME OF COMPLETION Contractor agrees and covenants that all worlc hereunder shall be complete as mutually a ig -eed following notice to proceed from City. Or III. TERM OF CONTRACT The initial term of this Contract shall be three years from date of contract execution unless otherwise stated. The contract may be extended per Exhibit A. IV. WARRANTY Conhactor warrants and covena.uts to City that all goods and services provided by Contractor, Contractor's subcontractors, and agents under the Agreement shall be free of defects and prodiiced and performed in a slcillful and worlcmanlilce manner and shall comply with the specifications for said goods and services as set forth in this Agreeinent and the Bid Specifications attached hereto and incoiporated herein as Exhibit "A"(or on file in the office of the Purchasing Agent). Contractor warrants that the goods and services provided to City under this Agreement shall be free from defects in material and warlcmanship, for a period of one (1) year commencing on the date that City issues final written acceptance of the project. V. ' PAYMENT Payments hereunder shall be made to Contractor following city's acceptance of the worlc and within thirty (30) days of receiving Contractor's invoice for the products and services delivered. Total compensation under this contract shall not exceed the unit prices of Exhibit B. Contractor recognizes that this Contract sllall comrrience upon the effective date herein and continue in full force and effect wltil termination in accordance with its provisions. Contractor and City herein recogiuze that the continuation of any contract after the close of any given fiscal year of the City of Denton, which fiscal yeax ends on September 30th of each year, shall be subject to Denton City Council approval. In tlie event that the Denton Ciiy Council does not approve the appropriation of fiuzds for this contract, the Contract shall terminate at the end of the fiscal year for which fiuids were appropriated and the parties shall have no further obligations hereunder. VI. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC Contractor shall at all times exercise reasonable precautions for the safety of employees and others on or near the worlc and shall comply with all applicable provisions of Federal, State, and Municipal safety laws. The safety precautions actually talcen and the adequacy thereof shall be the sole responsibility of the Contractor. Contractor shall indemnify City for any and all losses arising out of or related to a breach of this duty by Contractor pursuant to paragraph VIII. INDEMNIFICATION and paragraph IX. COMPLIANCE WITH APPLICABLE LAWS set forth herein. VII. LOSSES FROM NATURAL CAUSES Unless otherwise specified, all loss or damage to Contractor arising out of the nature of the worlc to be done, or from the action of the elements, or from any unforeseen circumstances in tlZe prosecution of the same, or from unusual obstructions or difficulties which inay be encountered in the prosecution of the worlc, shall be sustained and borne by the Contractor at its own cost and expense. VIII. INDEMNIFICATION Contractor shall release, defend, indemnify and hold the City, its elected officials, officers and employees harmless from and against all claims, damages, injuries (including death), property damages (including loss of use), losses, demands, suits, judgments and costs, including attoniey's fees and expenses, in any way arising out of, related to, or resulting froin the services provided by Contractor under this Agreement or caused by the negligent act or omission or the intentional act or oinission of Contractor, its officers, agents, employees, subcontractors, licensees, invitees or any other third parties for whoin Contractor is legally responsible (hereinafter "Claims"). Contractor is expressly required to defend City against all such Claims. In the event the City is a named party to a suit arising out of the subject matter of tlus Contract, the City shall have reasonable input into the selection of defense counsel to be retained by Contractor in fulfilling its obligation hereunder to defend and indemnify City. City reserves the right to provide a portion or all of its own defense; however, City is under no obligation to do so. Any such action by City is not to be construed as a waiver of Contractor's obligation to defend City or as a waiver of Contractor's obligation to indemnify City pursuant to this Contract. Contractor shall retain defense counsel within seven (7) business days of City's written notice that City is invoking its right to indemnification under this Contract. If Contractor fails to retain counsel within such tiine period, City shall have the right to retain defense counsel on its own behalf, and Contractor shall be liable for all costs incurred by City. IX. COMPLIANCE WITH APPLICABLE LAWS Contractor shall at all times observe and comply with all Federal, State and local laws, ordinances and regulations including all amendments and revisions thereto, which in any maruler affect Contractor or the worlc, and shall indemnify and save harmless City against any claim related to or arising from the violation of any such laws, ordinances and regulations whether by Contractor, its employees, officers, agents, subcontractors, or representatives. If Contractor observes that the worlc is at variance therewith, Contractor shall proinptly notify City in v�niting. X. VENUE The laws of the State of Texas shall govern the interpretation, validity, performance and enforcement of this Contract. The parties agree that this Contract is performable in Denton County, Texas, and that exclusive venue shall lie in Denton County, Texas. XI. ASSIGNMENT AND SUBLETTING Contractor agrees to retain control and to give full attention to the fulfillment of this Contract, that this Contract shall not be assigned or sublet without the prior written consent of City, and that no part or feature of the worlc will be sublet to anyone objectionable to City. Contractor further agrees that the subletting of any portion or feature of the work, or materials required in the performance of this Contract, shall not relieve Contractor from its full obligations to City as provided by this Contract. XII. INDEPENDENT CONTRACTOR Contractor covenants and agrees that Contractar is an independent contractor and not an officer, agent, servant or employee of City; that Contractor shall have exclusive control of an exclusive right to control the details of the worlc performed hereunder and all persons performing same, and shall be responsible for the acts and omissions of its officers, agents, employees, contractors, subcontractors and consultants; that the doctrine of respondent superior shall not apply as between City and Contractor, its officers, agents, employees, contractors, subcontractors and consultants, and nothing herein shall be construed as creating a partnership or joint enterprise between City and Cont�actor. XIII. INSURANCE AND CERTIFICATES OF INSURANCE Contractor shall proci.ue and maintain for the duration of the contract insurance coverage as set forth in the Insurance Requirements mailced Exhibit "C" attached hereto arid incorporated lierein by reference. Contractor shall provide a signed insurance certificate verifying that they have obtained the required insurance coverage prior to the effective date of this Contract. XIV. HINDRANCES AND DELAYS No claims shall be made by Contractor for damages resulting from hindrances or delays froin any cause during the progress of any portion of the worlc embraced in this Contract. XV. AFFIDAVIT OF NO PROHIBITED INTEREST Contractor acicnowledges and represents it is aware of all applicable laws, City Charter, and City Code of Conduct regarding prohibited interests and that the existence of a prohibited interest at any time will render the Contract voidable. Contractor has executed the Affidavit of No Prohibited Interest, attached and incorporated herein as Exhibit "D". XVI. SEVERABILITY The provisions of this Contract are severable. If any paragraph, section, subdivision, sentence, clause, or phrase of this Contract is for any reason held to be contrary to the law or contrary to any rule or regulation having the force and effect of the law, such decisions shall not affect the reinaining portions of the Contract. However, upon the occurrence of such event, either party may terminate this Contract by giving the other party thirty (30) days written notice. XVII. TERMINATION City may, at its option, with or without cause, and without penalty or prejudice to any other remedy it may be entitled to at law, or in equity or otherwise under this Contract, terminate further work under this contract, in whole or in part by giving at least thirty (30) days prior written notice thereof to Contractor with the understanding that all services being terminated shall cease upon the date such notice is received. XVIII. ENTIRE AGREEMENT This Contract and its attachments embody the entire agreement between the parties and may only be modified in writing if executed by both parties. XIX. CONTRACT INTERPRETATION Although this Contract is drafted by City, should any part be in dispute, the parties agree that the Contract shall not be construed more favorably for either party. XX. SUCCESSORS AND ASSIGNS This Contract shall be binding upon the parties hereto, their successors, heirs, personal representatives and assigns. XXI. HEADINGS The headings of this Contract are for the convenience of reference only and shall not affect in any manner any of the terms and conditions hereof. XXII. RIGHT TO AUDIT The OWNER shall have the right to audit and malce copies of the boolcs, records and computations pertaining to this agreement. The CONTRACTOR shall retaiiz such boolcs, records, documents and other evidence perta'viing to this agreement during the contract period aiid five years thereafter, except if an audit is in progress or audit findings are yet unresolved, in which case records shall be lcept until all audit tasks are completed and resolved. These boolcs, records, documents and other evidence shall be available, within 10 business days of written request. Further, the CONTRACTOR shall also require all Subcontractors, material suppliers, and other payees to retain all boolcs, records, documents and other evidence pertaining to this agreement, and to allow the OWNER sunilar access to those docuinents. All boolcs and records will be made available within a 50 mile radius of the City of Denton. The cost of the audit will be borne by the OWNER unless the audit reveals an overpayment of 1% or greater. If an oveipayment of 1% or greater occurs, the reasonable cost of the audit, including any travel costs, inust be borne by the CONTRACTOR which must be payable within five business days of receipt of an invoice. Failure to comply with the provisions of this section shall be a material breach of this contract and shall constitute, in the OWNER'S sole discretion, grounds for termination thereof. Each of the terms "boolcs", "records", "documents" and "other evidence", as used above, shall be construed to include drafts and electronic files, even if such drafts or electronic files are subsequently used to generate or prepare a final printed document. IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. CONTRACTOR BY: �� OWNER (SIGNATURE) Date: �/ �7 / � f Name: �e �r�:, �J,.t��o� Title: �i�-s �de„�- — p�G, e� ta�-� �Q--��, , T� �u�� MAILING ADDRESS �� '? - (�oz3 PHONE NUMBER `� �U , �fS� ' �� FAX NUMBER ��;,,-. �,../vl�� PRINTED NAME CITY OF DENTON, T BY: .� CITY MANAGER DATE: � � � �l I DEP RTMENTAL APPROVAL APPROVED AS TO LEGAL FORM ANITA BURGESS, CITY ATTORNEY BY: � . DATE: ��,�/✓l� EXHIBIT C CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Bidder's atterztion is directed to the insura�zce requireme�its below. It is liighly recomme�zcled tlaat bidders confer witlz tlzeir respective i�asccrance carriers or brokers to deterhZine i�a adva�zce of Bid sub�zission tlze availability of i�zsura�ice certific�ctes and endorserize�zts ccs pYescribe�l and providerl liereiii. If a�x appaYent low bidder fails to comply strictly witla tlae insccrance requirenzents, tlzat bidtler niay be disqacalified fro�n c�warrl of tlae contract. Uporz bi�l awc�Yrl, all insurance requireme�zts sltall become co►ztractual obligatioris, which the sacccessful bi�lder sliall have a duty to Frcaintccin tliroughout tlae course of tlzis contrctct. STANDARD PROVISIONS: Without Zinziting any of the other obligations or liabilities of the Contractor, the Contt•actor shall p�ovide and maintain until the contracted work has been completed and accepted by the City of Denton, Owne�, the minimunz insurance cove� age as indicated hereinafte�. As soon as practicable after� notification of bid award, Contractor shall file with the Pu��chasing Department satisfactory certiftcates of insurance, containing the bid ntcmber and title of the project. Cont�^actor nzay, upon written request to the Purchasing Depc��tment, ask for clarification of any insurance Nequirenaents at any time; however, Contractors are strongly advised to make such requests prior to bid opening, since the insurance requirenzents �nay not be modified or waived after bid opening unless a written exception has been submitted with the bid. Contractor slzall not commence czny work or deliver any mc�terial until Iae or slie receives notification tlzat tlie contract laas bee�z acceptecl, approved, a�irl signed by tlae City of Denton. All insurarzce policies proposed or obtained i�z satisfaction of these i�equirements shall co�zply with the following general specifications, and shall be maintained in co�zpliance 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 eliininate such deductibles or self- insured retentions. with respect to the City, its officials, agents, einployees and volunteers; or, the contractor shall procure a bond guaranteeing payinent 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 Ltnder the policy and that this insurance applies separately to each insured against whom claim is made or EXHIBIT C suit is brought. The inclusion of more than one insured shall not operate to increase the insurer's limit of liability. • Cccncellation: Tlze City requires 30 day writte�z natice shoulcl any of tlte policies described on tlze certificate be cc�ncellerl or naaterially clza�zged before the expirc�tion date. • Should any of the required insurance be provided i.ulder 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 occunences 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 liinit, the Contractor shall either double the occurrence limits or obtain Owners and Contractors Protective Liability Insurance. • Should auy required insurance lapse during the contract tenn, requests for payments originating after such lapse shall not be processed u�itil the City receives satisfactory evidence of reinstated coverage as required by tlus 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. EXHIBIT C SPECIFIC ADDITIONAL INSiJRANCE REQUIREMENTS: All insztrance policies p�oposed o� obtained in satisfaction of this Contract shall additionally com�ly with the follo�ving marked specifications, and shall be nzaintained in cotnpliance with these additional specifications th�roughout 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 $1,000,00O.00sha11 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 fonn (ISO Form CG 0001 cunent edition) is used: Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual liability covering tlzis 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 Cui-rent 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 forin property damage liability. [X] Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than $500,000.00 either in a single policy or in a combination of basic and umbrella or excess policies. The policy will include bodily injLUy and property damage liability arising out of the operation, maintenance and use of all autoinobiles and mobile equipment used in conjunction with this contract. Satisfaction of the above requirement shall be ii1 the form of a policy endorsenlent for: any auto, or all owned, hired and non-owned autos. EXHIBIT C [X] Workers Compensation Insurance Contractor shall purchase and maintain Worker's Compensatioii insurance wluch, 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 na�.ned 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 worlc perforined 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 tiines during the prosecution of the work under this contract, an Owner's ai�d Contractor's Protective Liability iizsurance policy naming the City as insured for property damage and bodily injtuy which may arise in the prosecution of the worlc or Contractor's operations under this contract. Coverage shall be on an "occurreiice" basis, and the policy shall be issued by the same insurance coinpany t11at carries the Coiltractor's liability insurance. Policy limits will be at least combined bodily injury and property damage per occurrence with a aggregate. [ ] 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' Rislc 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 disappeaa�ance of cash or checics, robbery inside/outside the premises, burglary of the premises, and employee fidelity. The employee fidelity portion of this coverage should be written on a"blai�lcet" 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. EXHIBIT C [ ] 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. EXHIBIT C 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 worlcers' 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 fiom the beginning of the worlc on the project until the contractor's/person's worlc 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 perfarming 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 equipnZent or inaterials, 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 govermnental entity: 1} a certificate of coverage, prior to that person beginning worlc 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 EXHIBIT C 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 cluring the duration of the proj ect. F. The contractor shall retain all required cei-tificates 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 lcnew or should have lcnown, 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 maruler prescribed by the Texas Worlcers' Compensation Commission, i_nforming all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lacic 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 proj ect, for the duration of the proj ect; 2) provide to the contractor, prior to that person begiru�ing worlc 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) certificate of coverage, prior to the other person begixuling worlc on the proj ect; 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 lcnown, of any change that materially affects the provision of coverage of any person providing services on the project; and EXHIBIT C 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 governxnental entity that a11 einployees of the contractor who will provide services on the project will be covered by worlcers' 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 inisleading 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. EXHIBIT D CONFLICT OF INTEREST QUESTIONNAIRE For vendor or other person doinq business with local governmental This questionnaire reflects changes made to the law by H.B. 1491, 80th Leg., Regular Session FORM C I Q OFFICE USE ONLY This questionnaire is being filed in accordance with chapter 176 of the Local Government Code by a I Date Received person doing business with the governmental entity. By law this questionnaire must be filed with the records administrator of the local government not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government Code. A person commits an offense if the person violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor. Name of person who has a business relationship with local governmental entity. � Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7'h business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) Name of local government officer with whom filer has an employment or business relationship. Name of Officer This section, (item 3 including subparts A, B, C& D), must be completed for each officer with whom the filer has an employment or other business relationship as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the filer of the questionnaire? 0 Yes 0 No B. Is the filer of the questionnaire receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? 0 Yes 0 No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership of 10 percent or more? 0 Yes 0 No D. Describe each affiliation or business relationship. Signature of person doing business with the governmental entity Date Adopled 06/29/2007 CITY OF DENTON THR�E-YEAR CONTRACT FOR LANDSGAPFNG(S�D REPLACEMENT SERViCES - - - - �-. - _ �� -� << � y _-; - . . , _ _ - . . �. .._ . 5� " . . � r ... . . . . . ' Tr' Y� t � _ �. ,. - .;,_.. _. a. . . ,� i7EM DESCRIRTION UNIT PRIC� U�M � Bermuda installed to grade with limited ground preparation. Price to � r� � sq. yd. include, materials, labor and equipment. �7 c Z Bermuda installed to grade with minimal ground preparation p.ess � #han 2"). Price to include, materials, labor and equipment. ��L r� � sq. yd. St. Augustine installed to grade with limited ground preparation. !' 3 Price to include, materials, labor and equipment. $ C�� sq. yd. 4 St. Augustine installed to grade witfi minimal ground preparation �, {iess than 2"). Price to include, materials, labor and equipment. ��'� j�! sq. yd. 5 One gallon perennial installed. Price to include, materials, labor and � t.r-� ea equipment. � � � One gallon shrub installed. Price to include, materials, labor and � � 6 equipment. � � �U ea . Three gallon perennial installed. Price to include, materials, labor � and equipment. � �'� � ea $ Three gallon shrub installed. Price to include, materials, labor and � i�, :� ea equipment. '� � , Five gallon per�nnial installed. Price to include, materials, labor and � 9 equipment: � �'�j , " ea 10 Five gallon shrub installed. Price to include, malerials, labor and $�;, v� ea equipment. 3p � 10 gallon perennial installed.. Price to include, materials, labor and �, 11 equipment. $ �` v ea � 2 10 gallon shrub installed. Price to include, materials, labor and � � �� ea equipment. �j + 13 30 gallon perennial installed. Price to include, materials labor and equipment. � � c .-- � `' ea ��. 30 gallon shrub installed. Price to include, materials, labor and _, �4 equipment. � l �,� �� `�' ea NOTE: All ahove prices must include all mafierials, equipment, labor and supervision to restore excavation and/or yard damage to be comparable and compafiil�le �►vith existing surroundings o.utside the damaged area. RETURN ONE (1) COMPLETE ORIGINAL AND ONE (1) COPY OF EXECUTED BID PI�OPOSAL. �.Ii %-� \.�Jr'l � t!'WO� �, ��',55, c. t��^ci�cG�S �/ l �( l ( Signature of Authorized Representative Company Date PAGE 1 OF BlD #4673 Bidder's Initials ��U` CITY OF DENTON THREE-YEAR CONTRACT FOR LANDSCAPING/SOD REPLACEMENT SERVICES 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 under which 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 p'urchaser any and all claims for overcharges associated with this contract which arise under the antitrust laws of the United States, 15 USCA Section 1 et se ., and which arise under the antitrust laws of the State of Texas, Tex. Bus. & Com. Code, Section 15.01, et seq. 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: l� �� c. G-�nc(�5 cc, �s S�,yr-c. . �p.o , (3U � I � Y''J n c.n�-�^ , �� C.r 2.� ?� Tel. No. � `�� r �� Email. �Vnci-c��-� O`� � ,�}oi� . AUTHORIZED REPRESENTATIVE: Signature �-�-- ��-��--i' Date �� Name �:t,u�.-� �r.�a,r`�.'o�c�' Title ��cs,-c�.-� Fax No. ��'G� ��- ��Z� COMPANY IS: Business included in a Corporate Income Tax Return? `� YES Corporation organized & existing under the laws�of the State of _ Partnership Individual trading as Principal offices are in the city of consisting � NO of ` V PAGE 2 OF BID #4673 Bidder's Initials �� CITY OF DENTON THREE-YEAR CONTRACT FOR LANDSGAPING/SOD REPLACEMENT SERVICES In order to obtain proper information from bidders so that City of Denton may consider the safefiy records of potential contractors prior to awarding bids on City contracts, City of Denton. requires that bidders answer the fQllowing thre� (3) questions and submit them with their bids: QUESTION ONE Has fihe bidder, or the firm, corporation, partnership, or institution represented by the bidder, or anyone acting for such firm, corporation, partnership or institution, received citations for violations of. �SHA wifihin, the past three (3) years? YES NQ � If the bidder has indicated YES for quesfiion number one above, the bidder must provide to City of Denton, with its bid submission, the following information with respect to each such citation: Date of offense, location of establishment inspected, category of offense, final disposition of offense, if any, and penalty assessed. QUESTION TWO Has the bidder, or the firm, corporation, partnership, or institution represented by the bidder, or anyone acting for such firm, corporation, partnership or institution, received citations for violations of environmental protection laws or regulations, of any kind or type, within the past five years? Citations include notice of violation, notice of enforcement, suspension/revocations of state or federal licenses,. or registrations, fines assessed, pending criminal complaints, indictments, or convicfiions, administrative orders, draft orders, final orders, and judicial final judgments. / YES N� �� If the bidder has indicated YES for question number two above, the bidder must pr.ovide to City of Denton, wifih its bid submission, the following information with respect to each such conviction: Date of offense or occurrence, location where offense occurred, type of. offense, final disposition of offense, if any, and penalty assessed. QIJESTION THREE Has the bidder, or the firm, corporation, partnership, or institution represented by bidder, or anyone acting for such firm, corporation, partnership, or institution, ever been convicted, within the past ten (10} years, ofi a criminal ofFense which resulted in serious bodily injury or death? . YES NO � If fihe bidder has indicated YES for question number three above, the bidder must provide to City of Denton, with its bid submission, the following information with respect to each such conviction: Date of offense, location where offense occurred, type of ofiFense, final disposition of offense, if any, and penalty assessed. CITY OF DENTON THREE-YEAR CONTRACT FOR LANDSCAPING/SOD REPLACEMENT SERVICES ACKNOWLEDGEMENT THE STATE OF TEXAS COUNTY OF DENTON I certify that I have made no willful mis�epresentations in this Questionnaire nor have I withheld information in my statements and answers to questions. I am aware that the information given by me in this questionnaire will be investigated, with my full permission, and that any misrepresentations or omissions may cause my bid to be rejected. e�l�,.. �J11�W0�� Signature �� :�� Title PAGE 18 OF BID #4673 ACORDM CERTIFICATE OF LIABILITY INSURANCE �°ATE 06/ 15/2011 PROpUCER �,anza Roberts Ins. Serv., inc. THIS CERTIFICATE IS ISSUED AS A MATTER OF fNFORMATION ONLY AND C�NFERS NO RIGHTS L1PON THE CERTIF[CATE 4308 Wiley Post Rd. WOLD�R. THIS CERTIFICATE DOES NOl' AMEND, EXT�ND �R Addison TX 750�1 ALTER THE GOVERAG� AFFQRDED BY THE PQl.1CIES BELOW. 1NSURER3 AFFORDING COVERAGE fNSURED Classic Landscapes & Maintenance, II]C. INSURER A: SifltC AUtiO �TISATa1lCe COIll an P O Box l 247 INSURER B: Denton TX 76202 INSURER C: _ INSURER D: iNSUReR e: Southern Vanguard Insurance Company COVERAGES TME POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMEDABOVE FOR THE POLICY PERIOD INDICAT�D, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY GONTRACT OR QTHER DOCUMENT WITH RESPECT TO WHICH TH1S CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES nESCRIBED H�REIN IS SUBJECT TO ALL 7HE TERMS, EXCLUSfOMS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUC�D BY PAIIJ CLAIMS. _ �Ns� TYPE OF INSl1RA E POLICY NUMBER P6LICY EFFECTIVE POLICY @XPIRq710N LIMITS EACH OCCURRENCE 3 IOOOOOO ✓ A GENERAL LIAHILITY GLP 2117897 02 04�] 3�2�1 � 04/13/2012 � 100000 X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE An one tire S CLAIMS MA�E � OCCUR MED EXP An one erson S 500� PERSONAL & ADV INJURY $ 1 OOOOOO GENERALAGGREGATE $ IOOOOOO '� GEN'L AGGREGATE LIMIT APPLtES PER: PRODUC7S - COMPlOP AGG $ 1 OOOOOO POLICY PRO- ��C AUTDMOBILE LIABILITY COMBINED SINGLE LIMIT ANYRUTO �.,�/ {Eaaccident) � ! lli� y ALL OWNEO Al1TOS �� 80DILY INJUfiY SCHEDULED AUT03 ��ti n (Per person) � V � HIRED AUTOS BODILY INJURY NON-OWNED AUf05 {Per accident) $ PROPERTYDAMAGE �$ (Per accident} GARAGELIA8ILIYY � AUTOONLY-EAACCIDENT S ANY AUTO OTHER THAN EA ACC S __, AU70 ONIY: AGG S EXCE33IJABIUTY EACH OCCURRENCE $ OCCUFt � CLA{MS MADE � AGGREGATE $ DEOUCTIBLE � $ RETENTION $ $ E WORKER5 COMPENSATION AND TSV 0002165-04 I03128/2011 �3�2,$/2� � 2 { WC STATU- H- EMPLOYERS' LIABILITY I OOOOO ✓ E.L. EACH ACCIDENT $ � E.L.DISEASE-EAEMPLOYE $ SOOOOO V E.l. DISEASE - POLICY LIMIT $ � flOOOQ � OTHER dESCRtP710N OF OP�RATfONSfI.00ATfONSNEHICL65lEXClU510N5 Aooep BY EN�ORSEMENTISPECIAL PROVI510N5 Re: City of Denton - Contract 4673: City of Dent�n_is named as Additional Insured as respects Genera] L�a �lity policy. � Waiver vided as respects General LiabiIity an Workers Compensation policies� CERTEFICATE HOl.DER AODiTfONA� fN3UREQ• INSURER LHT7HR: _ CANCELLATION SHOUI.D ANY OF 7HE A60VE �ESCRIBEO POLICIES BE CANCELLED 6EFORETHE EXPIRATION City of Denton t/ PATE THEREOF, THE ISSUING INSLIRER WILL ENDEAVOR TO MAfL 30 OJ WRITTEN Materials Management Departinent NOTfCE TO TH� GeRTIFICAT� HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO 50 SHALL IMPOSE NO DBLIGATION OR I.IABILITY OF ANY KIND UPON THE IN9URER, ITS AGEN75 OR 901 H Texas Street REPRE6ENTATIVES. Denton TX 76204 AUTHORfZED REPRE 'c el Robe ernan �s c i�ta�� AC D CORPORATION 1988 '4` °R°� CERTlFICATE �F LIABILITY INSUR�►NCE OATE (MAIIDDlYYYY) 06/15/2 THIS CERTIFICATE �S ISSUED A5 A MATT�R OF 1NP012MA7101V ONLY 11ND CONFER5 NO 121GHiS UPON TH� CEf2TIFICATE HOLpER, THIS_ CERTIFICAFE DOES NOT AFFIRMA7IVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE CQVERAGE AFFQRpED BY TNE PQLtCIES BELOW. THIS CER'fiFICATE OP (NSURAhCE DO�S NOT CONSTITUTE A CONTFtACT BETINEEN TM� ISSUIMG IMSURER(S), AUTHORIZ�b REPRESENTATNE OR PRODUCER, AND THE CERiIFICAT� fiOLD�R. IMPORTANT: !f the certlfltate holder is an ADDITIONAL INSUR�U, the policy(ies) must be endorsed. If SU6ROGATION 15 WANED, subject to ihe temu and conditions of the policy, certain policies may require an endorsemenk. A skatement on this certificate dues not cor►fer rights to the certificate holder In lieu of such endorsemarit{s). PRODUCER STATE FARM INSURANCE I..ARRY L HARBERSON, AGENT P O BOX 2510 ODENTON TX 76202 O.r �� 7 �HSUr�o M}CWAEL KEVIN UNDERWOOD DBA C SS1C LAND5CAPE � MA{NTENANCE, IiVG� P O BOX 1247 DENTON TX 7fi202 E: COVERAGES CEM2TIFICAiE NUM�ER: REV1SIpN NUMBEft: THIS IS TO CERTIFY 7HAT THE POLiCIES OF INSURANCE LISTED BELOW HAVE BE�N ISSUEd 70 7HE 1NSUREp NAMED ABpV� FOR THE POUCY P�RIOD 1NDICATED. NOTIMTHSTANDING ANY REQUIREMENT, TERM OR C�NDITION OF ANY CONTRACT OR OTHER pQCUMEPlT WIiH RESPECT TQ WI-tICH FHIS CERTIFICATE MAY BE ISSLIEb OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE pOLICIES DESCRIBED HEREIN IS SUBJECT TO ALL TH� 7ERMS, EXCIUSIONS AND CUNDITIONS Q� SUCH POLiCIES. LIMITS SHOWN MAY HAVE BEFSJ REDUCED BY PAID CLAINlS. �NS TYPE OF IN9URANCE A�oL SUBR ppuCY NUMBER POUCY EFF MOIJCY EXP IJMlTS LTR GENERAL LUIBILITY ❑ ❑ EACH OCCURRENCE $ D G TD N COMfvIERCIAL GENERAL LJAB1LYfY PREMISES Ea ocwtrence $ CLPJMSaVIADE � OCCUR MEdE%P(Anyaneperson� S PERSONAL & A6V INJURY 3 GENERAL0.GGREGATE $ GEN'LAGGREGA7ELIMITAPPLIESPER: PRODUCTS-COMPlOPAGG $ POLICY PE d I.00 � A AUTOMOHILE LIABtLI Y p04 3792 A30 43H 01I30/2017 01l3012012 Ea Bcc�Id�SINGL� LIMfC $ ANYAUTO BODlLY INJURY (Perperson) y 1,000,40p . x ALLOWNE SCHEDULED QODILYINJURY(Peraccident) y 1,000,000 AUTOS AIJTOS HIR�.11Al170S NON-0WNED Pe�e�a��'4 y 1,000,000 AUTOS a UMBRBLLALIAB OCCUR ❑ EACHOCCURRENCE S ExCE3S LIAB CWMS-MADE AGGREGATE 3 A�D RFTENiION$ � NIORI(ERSCOMPENSA710N TORYLp�9 OTR- ANG EMPLOY@R9' W4BILITY ANYPROPRIETOR/PARYNERfEXECUTIVE Y� N!A E.L.EACHACCIDEN7 $ OFFIGEIMEMBER EXCtUDED7 (MandatoryinNH) E.L.DISEASE-EAfMPLOYE 3 If yes, tlesaibe under EL DISFJ�SE-POLICYLIMIT $ �� DESCRlPT10N O� OpERA710NS 1 LOCAilON51 VEFIICLEB (Attech ACORD 101, AdGttlonal Remarks Schedyk, lT more spaceis requlred) ADDI710NAL INSURED - CITY p� D�NTON ✓r CIIY OF DENTON � SHOULD ANY UF THE ABOVE DESCRIBEp PQR.ICIES BE CANGELLEU BEFORE II THE EXPIRATION DA7'E THEREOF, NOTICE 4NLL BE DEIJVERED !N ITS OFFICIALS, AGENT, EMPLOY��S, 8� VOLUNTEERS ACGORDANCE WITH THE POLICY PROVISIONS. 215 E MCKINNEY ST AU EU REPRHSENT T � DENTON TX 76201 O 1988-2(Y10 ACORD CORPORATI�N. All rights reserved. ACqRd 25 (20101Q5) 7he ACOR4 name and logo are registered marks of ACORR 1001486 i 32849.6 i 1-15-2010 ACORD �CERTIFICATE OF LIABILITY INSURANCE � °ATE TM 06/1 S/20I 1 PROPUCER Lonzo Roberts Ins. Serv., Inc. THIS CERTlFICATE IS ISSUED AS A MATTER OF INFORMATfON ONLY AND CONF�RS NO RIGHTS UPON THE CERTIFICATE 4308 Wiley Post Rd. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Acldison TX 75001 ALTER THE CbVERAGE AFFORDED BY THE PQI.ICtES BELOW. INSURERS AFFORDING COVERAGE (NSURED Classic Landscapes & Maintenance, II]C. INSURER A: StatO AUtO Ii1SllTflI1C0 COIll an P O ROX � Z4% INSl1RER B: Denton TX 76202 INSURER C' _ INSURER D: iNSUReRE� Southern Vanguard Insurance Gompany OVERAGES THE POLICIES OF kNSURANCE LISTED BELOW NAVE BEEN ISSUED TO tHE {NSURED NAMEDABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQiJIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERT1FfCAT� MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN iS SUBJECT TO ALL 7HE TERMS, EXCLUStONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDiJCED BY PAID CLAIMS. �� TYPE OF INSUR NCE PDLICY NUMBER POLICY EFFECTIVE POLICY EXPIRqiION LIMITS �T GENERAL LIA8ILITY GLP 2l 17897 02/ 04/13/201 l O4I13I2O12 � EACH OCCURRENCE $ 100��0 X COMMERCIAL GENERAL EIABILITY FIRE DAMAGE An one ilre S 14�a�d � CLAIMS MADE � OCCUR MED EXP An one eYSOn S SOOO 'L AGGREGATE LlMIT POLICY PRO- ]MOBILE LIABILfTY ANY AUTO ALL OWNED ALITOS SCHEDLILED AUTOS HIRED AUTOS NON-OWNED AUTOS PER GARAGE LIABILITY ANY AUTO EXCE99 LABILITY � OCCUR � CLAfMS MADE �EDUCTIBLE RETENTIDN 3 WORI(ER5 COMPENSATION AND � EMPLOYERS' LIAHILITY OTHER I COMBINEDSINGLELIMIT � (Ee eccident) ��1 BODILY INJURY � (Per person) � BODILY INJURY (Per accidenl) $ PROPERTYDAMRGE �$ (Per accitlent} AUTOONLY-�AACCIDENT S 1 OTHER THAN EA Acc $ AUTO ONLY: V 0002165-04 � � Q3/28/2011 �03/28/2012 ` � D�SCRIPTION OF OP�RATfONSlI.00pTfONSNEHICLES/�IfCI,USIONS ADDEp 9Y EN�ORSEMENT/SPECIAL PRDVISIONS Re: City of Denton - Contract 4673: City of Denton is named as Additional Insured as respects Genera] Liability policy.✓ Waiver of Subrogation is provided as respects General LiabiIity an. Workers Compensation policies�� City of Denton ✓, Materiais Management Department 9Q1 B Texas Street Denton TX 76209 1��0�0 1�0��0� t�� 0 '/' 500000 ', 10000Q `� SHOUI.p ANY OF 7HE ABOVE �ESCRIBED POLICIES BE CANCELLEO BEFORE THE EXPIRATION PATE THEREOF, 7HE {SSl11NG INSURER WILL ENDEAVOR TO MAIL 3�� A 3 WRITTEN NOTfCE TO TNE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAI4URL TO �O 50 SHALL IMPO5E NO OBLIGATION OR LIA8ILITY DF ANY KIND UPON THE I�N97URER, ITS AGEN7S OR REPRES�NTATIVES. /� J i AUTHORFZED REPRE$R�lf9j'J1/E , .• _�_17. ., _i_ __lJ � ACORD 25S {7/97j 6 �O AC�RD CORPORATION 1988 '4cQR � CERTlFICATE OF LIABILITY iNSURANCE DA7E�MM'/�DDlYYYY) �� al 6i� 5�2� iH1S CERTI�ICATE IS 15SUED AS A MATTER OF IN�dRMATIOIV dNLY AND COh}FER$ NO ftIGH7"S UI��N iH� CEIiTIFICATE HOLpER, THIS C�R71FfGATE DOES NOT AFEIRMA7IVELY OR NEGATIVELY AMEND, EXTEND dR ALTER THE GqVERAGE AFFqRpED BY THE P4LiCIES B�LOW. TWIS CERTIFICATE DK tN5URANCE Db�5 N07 CONSTITUTE A CONTFL4CT BETWEEN THE ISSUING INSUREl2(Sj, AU7HORIZ�� REPRESENTATNE OR PRODUCER, AND THE CER?IFICAT� HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, tfis policy(ies► must be endorsed. If SU�ROGATION i5 WAIVED, subject to the terms and conditions of the policy, certain policies may require an endarsemenk. A statement on this certificate daes npt corHe� �ghts to the certificate holder in lieu of such endorsement(s�. PRODUC�R STATE FARM INSURANCE LARRY L HARBERSON, AG�NT �� P 4 BOX 2510 4�yy�� , DENTON TX 76202 1NSURED MICWAEL KEVIN UNDERWOOD DBA GL jSS1C LAND5CAPE & MAINTENANCE, INC✓ P O BOX 1247 DENTON TX 76202 NAIC �I CpVERAGES C�RTIFICAYE NIIM�ER; REVISION MUMBER: THIS IS TO CERTIFY THAT 7WE POLlCIES OF INSURANCE LlSTEO BEL�W HAVE BEEN 15SUED 70 7HE IMSURED NAMED ABRV� FOR THE PQI,ICY PERIOD INDICATED. N07VN7HS7ANdING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRAGT OR OTHER pOGUMEPlT WITH RESP�CT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE iNSURANCE AFFORDED BY THE POI.ICIES DESCRI9ED HEREIN IS &UBJECT TO ALL TWE TERMS, EXCLUSlON5 AND CdNDITIONS OP SUGN PdLlCIES. LIMITS SH01NN MAY HAVE BEEN REDUCED BY PAID CLAIMS. �NS TYPE OF INSURANCE AODL SUB pQ CY NUMBER POIJCY EFF POUCY EXP UMITS LTR GENERALLIABILITY ❑ EACkOCCURRENCE $ D G TD N COMh7ERC1AL GENERAL LIABILlTY PREMISES Ea acarrence $ CWMS-MAOE � OCCUR MEOE%P(Anyoneperson) $ PERSONAL & ADV INJl1RY 3 GENER.4LAGGREGATE 3 GEN'LAGGREGATELIMITAPPLIESPER: YRODUCTS-COMP/OPAGG $ POLICY PE a LOC � A AU70MD81LELIABtLI Y 004 3792 A30�43H 01130l2017 07I301Z012 ��I aE�ptSWGL� LIMfT $ ANYAUTO BODlLYINJURV(Perperenn) $ 1,OOO,QDQ X ALLOWNEO✓ SCHEDULED BODILYINJURY(peraccident) y 1,000,000 HREDSAUTOS NON-0WNED PRO ERNOAMA E 1,DOO,OUQ AUTO5 Pereccident a a UAIBR�.LLA LIAB OCCUR ❑ EACN OCCURRENC� S E%CESS IJAB CWMS-MADE AGGR£GATE $ DED RETEMION$ $ WORI(ERSCOMPENSA710N TORYSL'TUS OTR- ANp EMPLOYERS' IJABILITY ANY PROpRIETORfPAR7NEF2lEXECUTI� Ya �! a E.L. EACH ACCIDENT 3 oFFICEAIAEMBER EXCLUDEDI (MandetoryinNH) E.L.DISEASE-EAEMPLOYE S Ifyes, tlesaiba under EL.DIS@1SE-POLICYLIMIT $ ❑a � OESCRIP7iON OF OpEliA710MS 1 LOCAiiONS J VEHICLES (Attaeh ACORD 101, Additlonal Remarks Stheduk,lT more spaeeis requYred) AQDITIONAL INSURED - CITY O� D�N?'ON� CI7Y OF D�NTON ✓ ITS OFFICIALS, AG�NT, EMPLOY�E5, � VOLUNTEERS 215 E MCKINNEY 5T DENTON TX 7620't - SHOULD ANY OF THE ABOVf Q�SCR18Ep PQR.ICIES gE CANCELL�D SEFORE THE FJfPIRATION DATE 7HEREOF, NOTICE WfIIL BE DELIVERED IN ACCORDAf3C� WITIi TNE pOLIGV PRUV1310NS. B 1988-2Q1 Q ACORD COFtPORATION. AI1 rights reserved. ACORD 25 (2010lOS) The ACQRq name and logo are registered marks of ACDRD 100i486 132849.6 1 i-15-2070