2012-025FILE REFERENCE FORM 2012-025
X Additional File Exists
Additional File Contains Records Not Public, According to the Public Records
Act
Other
FILE(S) Date Initials
First Amendment - approved under Purchasing Department's
dele ated authori 06/23/14 JR
Second Amendment - Ordinance No. 2015-079 04/07/15 JR
ORDINANCE NO. 2O 12-OZS
AN ORDINANCE ACCEPTING COMPETITIVE PROPOSALS AND AWARDING A
CONTRACT FOR TREE TRIMMING SERVICES FOR DENTON MUNICIPAL ELECTRIC
(DME); PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING
AN EFFECTIVE DATE (RFP 4825—ELECTRIC UTILITY LINE TREE TRIMMING SERVICES
AWARDED TO ABC PROFESSIONAL TREE, INC., IN AN AMOUNT NOT TO EXCEED
$2,000,000).
WHEREAS, the City has solicited, received and evaluated competitive sealed proposals for
tree trimming services for Denton Municipal Electric in accordance with the procedures of State law
and City ordinances; and
WHEREAS, the City Manager or a designated employee has received and reviewed and
recommended that the herein described proposals are the most advantageous to the City considering
the relative importance of price and the other evaluation factors included in the request for proposals;
and
WHEREAS, the City Council has provided in the City Budget for the appropriation of fi.uids
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 items in the following numbered request for proposal for materials,
equipment, supplies or services, shown in the "Request Proposals" on file in the office of the
Purchasing Agent, are hereby accepted and approved as being the most advantageous to the City
considering the relative importance of price and the other evaluation factors included in the request
for proposals.
RFP
NUMBER CONTRACTOR AMOUNT
4825 ABC Professional Tree, Inc. $2,000,000
SECTION 2. By the acceptance and approval of the above numbered items of the submitted
proposals, the City accepts the offer of the persons submitting the proposals for such items and
agrees to purchase the materials, equipment, supplies or services in accordance with the terms,
specifications, standards, quantities and for the specified sums contained in the Proposal Invitations,
Proposals, and related documents.
SECTION 3. Should the City and person submitting approved and accepted items and ofthe
submitted proposals wish to enter into a formal written agreement as a result of the acceptance,
approval, and awarding of the proposals, the City Manager or his designated representative is hereby
authorized to execute the written contract; provided that the written contract is in accordance with
the terms, conditions, specifications, standards, quantities and specified sums contained in the
Proposal and related documents herein approved and accepted.
SECTION 4. The City Council of the City of Denton, Texas hereby expressly delegates the
authority to take any actions that may be required or permitted to be performed by the City of Denton
under the RFP 4825 to the City Manager of the City of Denton, Texas, or his designee.
SECTION 5. 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 6. This ordinance shall become effective immediately upon its passage and
approval.
�"
PASSED AND APPROVED this the �`- day of �� �C , 2012.
l
MA A. RRO ; , MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: ,._ �
4-ORD-RF f} 25
THE STATE OF TEXAS
COUNTY OF DENTON
CONTRACT
The City of Denton, Texas - Denton Municipal Electric
and ABC Professional Tree Services, Inc. for
Electric Utility Line Tree Trimming Services
THIS AGREEMENT is made this the 7th day of February, 2012, by and between ABC
Professional Tree Services, Inc., a Corporation, with its principal office at 201 Flint Ridge Road, Webster,
TX 77598 (hereafter referred to as "Contractor") and the City of Denton, Texas (Denton Municipal
Electric), with its principal office located at 215 East McKinney Street, Denton, Texas 76201 (hereafter
referred to as "DME" or "City").
WITNESSETH:
The Contractor and DME, for an in consideration of their respective agreements, covenants and
promises contained herein, do l�ereby AGREE as follows:
1. THE SERVICES. The Contractor, at its sole expense, shall do all wark and furnish all materials
that are not furnished by DME, all equipment, tools, labor, and traffic control personnel to complete in a
good and workmanlike manner the following:
Right-of-Way Clearing of Speciiic Feeders
(hereafter referred to as the "Work"). The Work shall be done in accardance with this Contract and in
accordance with the following documents (all of which, uicluding this Contract, are hereafter sometimes
referred to as the "Contract Documents"):
• The scope of work contained in RFP # 4825 (for Part A— Designated Projects; and for Part B)
• Instructions to Bidders, Specifications, Form of Performance Bonds;
• This Contract
• All other documents and drawings as attached to or referenced herein for the electric line tree
trimming services
In the event of a conflict between any of the documents, the docuinent which requires the highest level of
quality of work shall control. The Contract Documents represent the entire Contract between the parties
and supersedes any and all prior representations, negotiations, and agreements, whether written or oral.
2. INSPECTIONS. The Work performed by the Contractor shall be subject to inspection by DME,
and in the discretion of DME, a reasonable amount of monies requested by the Contractor by written
invoice shall be witl�lield for the percentage of the Work which does not comply with the Contract
Documents until such defects are corrected to DME's reasonable satisfaction. DME will provide
Contractor five (5) copies of all Contract Documents and one (1) 24"x 36" copy of area feeder maps.
3. COMI��NCEMENT AND COMPLETION OF THE WORK. The Contractor shall begin the
Work on February 7, 2012, and shall continue the Worlc with due diligence until the Work is completed.
As to Part A only, the Work shall be commenced on the request of DME and must, for each Feeder, be
completed within ninety (90) days thereafter. As to Part B only, the CONTRACTOR will complete the
Work in its entirety no later than February 7, 2016.
4. PAYIVIENT PROVISIONS. Payment of Contractor invoices shall be made by DME within
thirty (30) days following the completion and acceptance by DME of each task completed by Contractor
(unless some other time of payment is expressly provided in the Contract Documents), and as payment for
the Work, DME shall pay or cause to be paid to the Contractor the amount of each invoice. The total
Contract Price shall not exceed $2,000,000. The Price for the Work described in Part A hereof is a fixed
dollar amount of $104,111. The price for the Work described in Part B by Contractor will not exceed
$1,895,889. The Contract Price is the total amount derived from the sum of the lump-sum amounts for
each individual feeder, which DME has awarded to the Contractor, subject however to any discount or
discounts expressly allowed by the terms of the Contract Documents.
5. TERM OF CONTRACT AND TERMS OF PAYMENT.
A. As to the Work described in Part B only, it is agreed that this Contract is for a term of four (4)
years from the date of commencement, with automatic annual renewals during that four (4) year term.
PROVIDED HOWEVER, this Contract is subject to and conditioned upon annual reviews by the Public
Utilities Board.
B. Payment pursuant to this Contract will be due net 30-days from the date of receipt and acceptance
of the Application for Payment by DME. Contractor sha11 notify DME Electric Operations Tree
Trimming Coordinator upon completion of each feeder and circuit. No invoice shall be submitted to
DME for a circuit until the Work in that circuit is complete. DME shall make an inspection of the circuit
within five (5) business days after notification by Contractor to determine if the requirements of the
Contract Documents ha�e been satisfactorily met. The Contractor shall immediately remedy any part of
the feeder and circuit, which do not meet the requirements of the Contract. If the Contractor is unable to
correct the problem, DME shall at its sole reasonable discretion have the work completed to bring the
circuit into compliance with the Contract. All costs associated with bringing the Work into compliance
with the Contract will be deducted from the Bid price due Contractor on the circuit. Upon a satisfactory
inspection by DME, the Contractor shall submit an invoice for the work completed to: Inventory Control
Specialist Attn: Misty Willis, 1701-C Spencer Road, Denton Texas 76205; and an original invoice to City
of Denton Accounts Payable, 215 E. McKinney, Denton Texas 76201. All invoices must reference the
City purchase order number.
6. INVOICING OF DME BY CONTRACTOR.
A. The Contractor shall submit separate invoices in duplicate under this Purchase Order. This
Contract contemplates several invoices, being issued after the completion of each circuit by the
CONTRACTOR.
B. Invoices must include a unique invoice number of Contractor, the purchase order number, the
Deparhnent's Name, and the name of the point of contact for the Department. Invoices shall be itemized
and transportation charges, if any, shall be listed separately. The Contractor's name, remittance address
and, the Contractor's tax identification number on the invoice must exactly match the information in the
vendor's registration with the City. Unless otherwise instructed in writing, the City may rely on the
remittance address specified on the Contxactor's invoice.
C. Invoices for labor shall include a copy of all time-sheets with trade labor rate and deliverables
order number clearly identified. Invoices shall also include a tabulation of work-hours at the appropriate
rates and grouped by work order number. Time billed for labor shall be limited to hours actually worked
at the Work site.
D. Unless otherwise expressly authorized in the Contract, the Contractor shall pass through all
subcontract and other authorized expenses at actual cost without markup.
E. Federal excise ta�ces, State taxes, ar City sales taxes must not be included in the invoiced
amount.
F. The City will furnish a tax exemption certificate upon request.
7. INSURANCE REQUIIZED BEFORE CONIlVIENCEMENT OF WORK. Neither Contractor nor
any Subcontractor utilized by Contractor shall commence work under this Contract until the insurance
described in the Contract Documents is in force and effect and a certificate showing proof of such
insurance has been delivered to DME.
8. INSUR.ANCE: The following insurance requirements are applicable, in addition to the spec�c
insurance requirements detailed in Attachment A, which is attached hereto. The successful firm shall
procure and maintain insurance of the types and in the minimum amounts acceptable to the City of Denton,
Texas. The insurance shall be written by a company licensed to do business in the State of Texas and
satisfactory to the City of Denton, Te�s.
A. General Requirements.
i. Contractor shall at a minimum carry insurance in the types and amounts indicated and agreed
to, as submitted to the City and approved by the City within the procurement process, for the
duration of the Contract, including extension options and holdover periods.
ii. Contractor shall provide Certificates of Insurance with the coverage and endorsements
required to the City as verification of coverage prior to contract execution and within fourteen
(14) calendar days after written request from the City. Failure to provide the required Certificate
of Insurance may subject the Offer of Contractor to disqualification from consideration far award.
Contractor must also forward a Certificate of Insurance to the City whenever a previously
identified policy period has expired, or an extension option or hold over period is exercised, as
verification of continuing coverage.
iii. Contractor shall not commence work until the required insurance is obtained and until such
insurance has been reviewed by the City. Approval of insurance by the City shall not relieve or
decrease the liability of the Contractor hereunder and shall not be construed to be a limitation of
liability on the part of the Contractor.
iv. Contractor must submit certificates of insurance to the City for all subcontractors prior to the
subcontractor(s) commencing work on the project.
v. Contractor's and all subcontractors' insurance coverage shall be written by companies
licensed to do business in the State of Texas at the time the policies are issued and shall be
written by companies with A.M. Best ratings of "A-" or better. The City will accept workers'
compensation coverage written by the Texas Warkers' Compensation Insurance Fund.
vi. All endorsements naming the City as Additional Insured, waivers of subrogation, and
notices of cancellation endorsements as well as the Certificate of Insurance shall contain the
solicitation number and the following information:
City of Denton, Texas
Materials Management Department
901B Texas Street
Denton, Te�s 76209
vii. The "other" insurance clause shall not apply to the City where the City is an Additional
Insured shown on any policy. It is intended that policies required in the Contract, covering both
the City and the Contractor, shall be considered primary coverage as applicable.
viii. If insurance policies are not written for amounts agreed to with the City, the Contractor
shall carry Umbrella or Excess Liability Insurance for any differences in amounts specified. If
Excess Liability Insurance is provided, it shall follow the form of the primary coverage.
ix. City shall be entitled, upon request, at an agreed upon location, and without expense, to
review certified copies of policies and endorsements thereto and may make any reasonable
requests for deletion or revision or modification of particular policy terms, conditions, limitations,
or exclusions except where policy provisions are established by law or regulations binding upon
either of the parties hereto or the underwriter on any such policies.
x. City reserves the right to review the insurance requirements set forth during the effective
period of the Contract and to make reasonable adjustments to insurance coverage, limits, and
exclusions when deemed necessary and prudent by the City based upon changes in statutory law,
court decisions, the claims history of the industry or fmancial condition of the insurance company
as well as the Contractor.
xi. Contractor shall not cause any insurance to be canceled nor permit any insurance to lapse
during the term of the Contract or as required in the Contract.
xii. Contractor shall be responsible for premiums, deductibles and self-insured retentions, if
any, stated in policies. All deductibles or self-insured retentions shall be disclosed on the
Certificate(s) of Insurance.
xiii. Contractor shall endeavor to provide the City thirty (30) calendar days' written notice of
erosion of the aggegate litnits below occurrence limits for all applicable coverage's indicated
within the Contract.
xiv. The insurance coverage specified in the solicitation and requirements are required
minimums and are not intended to limit the responsibility or liability of the Contractor.
B. Specific Coverage Requirements: Specific insurance requirements are also contained in the
solicitation instrument.
9. COMPLIANCE WITH ALL FEDERAI,, STATE AND LOCAL LAWS. Contractor shall
comply with all state, federal and local laws and requirements and all applicable codes and standards
which govern the Work.
A. The Contractor shall specifically comply with OSHA 1910.269 concerning line clearance tree
trimming and ANSI Z133.1 (2006), and ANSI A-300 Part 1-2008. The Contractor shall have and
maintain in force at all times and upon request shall furnish to DME proof that it has all licenses that are
required to do the Work. It shall be the Contractor's responsibility to obtain city, county and state permits
and schedule road closures and other items necessary to complete the work. The Contractor agrees to
maintain a drug and alcohol-testing program for all employees performing the Work under this Contract
and agrees that it shall replace any such employee who refuses testing or fails a test immediately, at the
Contractor's expense without impeding the progress of the Work.
B. Equal Employment Opportunity. Neither Contractor nor Contractor's agent, shall engage in
any discriminatory employment practice. No person shall, on the grounds of race, sex, age, disability,
creed, color, genetic testing, or national origin, be refused the benefits of, or be otherwise subjected to
discrimination under any activities resulting from this Contract and RFQ.
C. Americans with Disabilities Act (ADA) Compliance. Neither Contractor nor Contractor's
agent sha11 engage in any discriminatory employment practice against individuals with disabilities as
deimed in the ADA.
D. Contractor must comply with, including, without limitation, the following: (i) §36.02 of the
Texas Penal Code, which prohibits bribery; (ii) §36.09 of the Texas Penal Code, which prohibits the
offering or conferring of benefits to public servants. The Contractor shall give all notices and comply with
all laws and regulations applicable to furnishing and performance of the Contract.
E. Contractor shall demonstrate on-site compliance with the Federal Tax Reform Act of 1986,
Section 1706, which amends Section 530 of the Revenue Act of of 1978, dealing with issuance of Form
4
W-2's to common law employees. Contractor is responsible for both federal and State unemployment
insurance coverage and standard Workers' Compensation insurance coverage. Contractor shall ensure
compliance with all Federal and State taa� laws and withholding requirements. The City of Denton shall
not be liable to Contractor or its employees for any Unemployment or Workers' Compensation coverage,
or Federal or State withholding requirements. Contractor sha11 indemnify the City of Denton, Texas and
shall pay any and all costs, penalties, or losses resulting from Contractor's omission or breach of this
subsection.
F. Immigration. Contractor represents and warrants that it shall comply with the requirements of
the Immigration Reform and Control Act of 1986 and 1990, and any and all amendments thereto
regarding employment verification and retention of verification forms for any individuals hired on or after
November 6, 1986, who will perform any labor or services under the Contract and the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 ("IIRIRA) enacted on September 30, 1996.
G. Environmental Protection. Contractor shall be in compliance with all applicable standards,
orders, or regulations issued pursuant to the mandates of the Clean Air Act (42 U.S.C. §7401 et seq.) and
the Federal Water Pollution Control Act, as amended, (33 U.S.C. § 1251 et seq.).
H. Compliance with Health, Safety and Environmental Regulations. Contractor, its
Subcontractors, and their respective employees, shall comply fully with all applicable federal, state, and
local health, safety, and environmental laws, ordinances, rules and regulations in the performance of the
services, including, but not limited to those promulgated by the City and by the Occupational Safety and
Health Administration (OSHA). In the case of conflict, the most stringent safety requirement shall
govern. Contractor shall indemnify and hold the City harmless from and against all claims, demands,
suits, actions, judgments, fines, penalties and liability of every kind arising from the breach of the
Contractor's obligations under this paragaph.
10. MEANS, METHODS, TECHNIQUES AND PROCEDURES FOR TIIE WORK. The
Contractor shall be solely responsible for and shall have control over the means, methods, techniques, and
procedures for doing the Work. The Contractor is an independent contractor and neither Contractor nor
any of its employees shall be deemed to be agents or employees of DME. The Contractor agrees to
maintain a professional workforce at all times. The Contractor shall enforce good order and discipline
among its employees and any other persons assisting in performing the Work. Contractor employees
performing the Work shall present a neat appearance and shall treat DME employees and DME customers
in a courteous and polite manner. The Contractor shall not employ unfit persons or persons not skilled in
the specific tasks of the Work. The Contractor, at its expense, shall as above stated in Paragraph 6 above,
promptly replace employees or Subcontractors who do not meet these minimum requirements without
impeding the progress of the Work.
11. REQUIRED DECAL ON ALL VEHICLES. All vehicles to be used by the Contractor shall bear
a"Denton Municipal Electric Contractor" decal to be furnished by DME. Contractor agrees that decals
will only be displayed while working for DME.
12. NO USE OF CHEMICAL AGENTS OR HERBICIDES ON THE PROJECT. Contractor shall
use mechanical means in performance of work under this Contract and shall not apply any chemical
agents or herbicides in the performance of such work without the prior express written consent of DME.
Under no circumstances will pesticides, herbicides, toxic chemicals, hazardous substances, hazardous
wastes, or containers therefore be used, applied, transported, stored, or disposed except in strict
compliance with label requirements and with all applicable federal, state, and local ordinances, laws,
regulations, and licensing requirements. All persons handling, mixing, using, applying, or storing
herbicides shall be properly licensed. No hazardous wastes shall be stored, used, deposited, spilled, or
disposed on DME property, easements, rights-of-way, or on the properly of customers. For purposes of
this Contract, the terms "pesticides," "herbicides," "hazardous substances," and "hazardous wastes" shall
have the meaning as set forth in the Resource Conservation and Recovery Act, the Comprehensive
F7
Environmental Response, Compensation and Liabiliiy act, the Toxic Substances Control Act, or the
Federal Insecticide, Fungicide, and Rodenticide Act, and shall also include petroleum.
13. PROPER DISPOSAL OF BRUSH AND DEBRIS. Contractor shall handle the disposal of brush
and debris in a manner consistent with all applicable laws and regulations and shall take particular care to
avoid obstructing roads, paths, or waterways. Contractor shall be responsible for all parts of the work
area and the removal of all debris and surplus material, so as to leave the area in as good a condition as
when the work commenced. Trees and limbs suitable for firewood may be left at the property owners
request if verified with DME's Tree Trimming Coordinator, in the event this is requested by the property
owner; provided however, cutting brush and debris to proper firewood length and stacking of firewood
will be the sole responsibility of the property owner and at the property owner's expense.
14. SAFETY WHU„E CUTTING NEAR WIRES. Contractor shall exercise extreme care and
caution when cutting brush or trees that are close to or touching overhead electric or other wires.
15. COMPLIANCE WITH DME TREE-TR.IIvI1MING POLICY. Unless otherwise directed by DME,
Contractor shall comply with DME's Tree Trimming Policy in effect as of the date the Work is
performed. If any DME directive conflicts with the Tree Trimming Policy, the directive received from
DME in writing, shall prevail. If any DME directive conflicts with this Contract, the Contract shall
prevail.
16. ASSUMPTION OF RESPONSIBILITY AND LIABII.,ITY. Contractor hereby assumes the
entire responsibility and liability in and for any and all damage or injury of any kind or nature whatsoever
to all persons, whether its employees or otherwise, and to all property growing out of or resulting, from
the execution of the Work provided for in this Contract or occurring in connection therewith. Contractor
agrees to defend, indemnify, and hold harmless DME and/or the City of Denton, Te�s, its agents,
officers, servants, employees and insurers from and against any and all losses and expense, including
court costs and attorney's fees, damages or injury growing out of or resulting from or occurring in
connection with the execution of the Work herein provided for; provided, however, that Contractor will
not be held liable for loss of life or injury or damage to person or property due to the sole negligence of
DME, its agents, officers, servants, or employees. This provision shall survive the termination or
expiration of this Contract for a period of two years.
17. COMPLAINTS AND DAMAGES TO PROPERTY. The Contractor agrees that it is its imancial
responsibility to repair all damages to public and private property, which result from the performance of
the Work. Repairs to inhabited buildings and structures will be performed by Contractor or Contractor's
agent within 24 hours of written notification from the DME or the property owner. The Contractor shall
initiate repair of all other properly damaged during the performance of the Work within two (2) working
days from the time of notification of such damage and shall complete such repairs within five (5) working
days. The Contractor shall resolve all customer-related complaints, which are solely due to the
inadequate or negligent performance of his Work within five (5) working days. If the Contractor fails to
perform repairs in a timely manner as determined by the DME; then DME reserves the right to complete
said repairs and subtract the cost of the repairs from the Contract Price.
18. DUTY TO NOTIFY DME OF CERTAIN FACTS. Contractor shall immediately notify DME
of any irregular situations observed on DME's system, including, without limitation, equipment or facility
malfunctions, accidents, actual or potential safety problems, loose or sagging guys, damaged or defective
poles, and any other possible malfunction seen by Contractor.
19. CONTRACTOR'S WORKFORCE:
6
A. Contractor shall employ only orderly and competent workers, skilled in the performance of the
services which they will perform under the Contract.
B. Contractor, its employees, subcontractors, and subcontractor's employees may not while
engaged in participating or responding to the Work described herein, while in the course and scope of
delivering services under a City of Denton contract or on the City's property.
i. use or possess a firearm, including a concealed handgun that is licensed under state law, except
as required by the terms of the contract; or
ii. use or possess alcoholic or other intoacicating beverages, illegal drugs or controlled substances,
nor may such workers be intoxicated, or under the influence of alcohol or drugs, on the job.
C. If the City or the City's representative notifies the Contractor that any worker is incompetent,
disorderly or disobedient, has knowingly or repeatedly violated safety regulations, has possessed any
firearms, or has possessed or was under the influence of alcohol or drugs on the job, the Contractor shall
immediately remove such worker from Contract services hereunder, and may not employ such worker
again on Contract services without the City's prior written consent.
20. STOP WORK NOTICE. City may issue an immediate Stop Work Notice in the event the
Contractor is observed performing in a manner that is in violation of Federal, State, or local guidelines, or
in a manner that is determined by the City to be unsafe to either life or properly. Upon notification, the
Contractor will cease all work until notified by the City that the violation or unsafe condition has been
corrected. The Contractor shall be liable for all costs incurred by the City as a result of the issuance of
such Stop Work Notice.
21. WARRANTY — CONTR.ACTOR SERVICES: Contractor warrants and represents that all
services to be provided to the City under the Contract will be fully and timely performed in a good and
workmanlike manner in accordance with generally accepted industxy standards and practices, the terms,
conditions, and covenants of the Contract, and all applicable Federal, Sta.te and local laws, rules or
regulations.
22. DEFAiTLT. Should the Contractor:
(a) Fail or refuse to begin or, if once begun, to diligently proceed with the Work after receipt
of the Notice to Proceed; or
(b) Assign or sublet this Contract or any part thereof to any other third party, without the
prior written consent of DME; or
(c) Violate any provisions of this Agreement; or.
(d) Becomes insolvent or seeks relief under the bankruptcy laws of the United States; or
(e) Makes a material misrepresentation in Contractor's Response to Request for Proposal, or
in any report or deliverable required to be submitted by the Contractor to the City.
Then, in any of such events, DME may immediately take one or more of the following actions: (1)
cancel this Agreement; or (2) require the Contractor to discontinue the Work immediately; or (3) sue the
Contractor for damages suffered by DME, including consequential damages; or (4) seek and obtain
whatever equitable relief by way of injunction or specific performance that may be available. Seeking
any one or more of the above remedies will not be a waiver of any other remedy available to DME. The
substantially prevailing pariy shall pay the cost and expense of the successful party's enforcement of its
rights hereunder, including but not limited to reasonable attorney's fees and costs of court.
23. TERNIINATION FOR CAUSE. In the event of a default by the Contractor, the Ciry shall have
the right to terminate the Contract for cause, by written notice effective ten (10) calendar days, unless
otherwise specified, after the date of such notice, unless the Contractor, within such ten (10) day period,
cures such default, or provides evidence suff'icient to prove to the City's reasonable satisfaction that such
default does not, in fact, e�st. In addition to any other remedy available under law or in equity, the City
shall be entitled to recover all actual damages, costs, losses and expenses, incurred by the City as a result
of the Contractor's default, including, without limitation, cost of cover, reasonable attorneys' fees, court
costs, and pre judgment and post judgment interest at the lawful rate. Additionally, in the event of a
default by the Contractor, the City may remove the Contractor from the City's vendor list for three (3)
years and any Offer submitted by the Contractor may be disqualified for up to three (3) years. All rights
and remedies under the Contract are cumulative and are not exclusive of any other right or remedy
provided by law.
24. TERMINATION WITHOUT CAUSE. City shall have the right to terminate the Contract, in
whole or in part, without cause at any time upon thirty (30) calendar days' prior written notice. Upon
receipt of a notice of termination, the Contractor shall promptly cease all further work pursuant to the
Contract, with such exceptions, if any, specified in the notice of termination. The City shall pay the
Contractor, to the extent of funds Appropriated or otherwise legally available for such purposes, for all
goods delivered and services performed and obligations incurred prior to the date of termination in
accordance with the terms hereof.
25. FRAUD. Fraudulent statements by the Contractor in the response to Request for Proposal or in
any report or deliverable required to be submitted by the Contractor to the City shall be grounds for the
termination of the Contract for cause by the City and may result in legal action.
26. INDEMNlTY. THE CONTRACTOR SHAI,L DEFEND (AT THE OPTION OF THE CITY),
INDEMNIFY, AND HOLD THE CITY, ITS SUCCESSORS, ASSIGNS, OFFICERS, EMPLOYEES
AND ELECTED OFFICIALS HARMLESS FROM AND AGAINST ALL CLAIMS DIRECTLY
ARISING OUT OF, INCIDENTAL TO, CONCERNING OR RESULTING FROM THE FAULT OF
THE CONTRACTOR, OR THE CONTRACTOR'S AGENTS, EMPLOYEES OR
SUBCONTRACTORS, IN THE PERFORMANCE OF THE CONTRACTOR'S OBLIGATIONS
UNDER THE CONTRACT. NOTHING HEREIN SHALL BE DEEMED TO LIMIT THE RIGHTS OF
THE CITY OR THE CONTRACTOR (INCLUDING, BUT NOT LIlVIITED TO, THE RIGHT TO SEEK
CONTRIBUTION) AGAINST ANY TI�tD PARTY WHO MAY BE LIABLE FOR AN
INDEMN]FIED CLAIM.
27 CONTR.ACTOR TO PROVIDE RELEASES. In the settlement or compromise by Contractor
or its insurer of any claims arising out of Contractor's performance under this Contract, Contractor shall
obtain and provide to the City of Denton, Texas/DME properly executed written releases, in form
satisfactory to the City of Denton, Texas/DME, releasing the City of Denton, Texas/DME from any and
all liability.
28. DISPUTE RESOLUTION.
A. If a dispute arises out of or relates to the Contract, or the breach thereof, the parties agree to
negotiate prior to prosecuting a suit for damages. However, this section does not prohibit the filing of a
lawsuit to toll the running of a statute of limitations or to seek injunctive relief. Either party may make a
written request for a meeting between representatives of each party within fourteen (14) �alendar days
after receipt of the request or such later period as ageed by the parties. Each party shall include, at a
minimum, one (1) senior level individual with decision-making authority regarding the dispute. The
purpose of this and any subsequent meeting is to attempt in good faith to negotiate a resolution of the
dispute. If, within thirly (30) calendar days after such meeting, the parties have not succeeded in
negotiating a resolution of the dispute, they will proceed directly to mediation as described below.
Negotiation may be waived by a written agreement signed by both parties, in which event the parties may
proceed directly to mediation as described below.
B. If the efforts to resolve the dispute through negotiation fail, or the parties waive the negotiation
process, the parties may select, within thirty (30) calendar days, a mediator trained in mediation skills to
assist with resolution of the dispute. Should they choose this option; the City and the Contractor agree to
act in good faith in the selection of the mediator and to give consideration to qualified individuals
nominated to act as mediator. Nothing in the Contract prevents the parties from relying on the skills of a
person who is trained in the subject matter of the dispute or a contract interpretation expert. If the parties
fail to agree on a mediator within thirty (30) calendar days of initiation of the mediation process, the
mediator shall be selected by the Denton County Alternative Dispute Resolution Program (DCAP). The
parties agree to participate in mediation in good faith for up to thirty (30) calendar days from the date of
the first mediation session. The City and the Contractor will share the mediator's fees equally and the
parties will bear their own costs of participation such as fees for any consultants or attorneys they may
utilize to represent them or otherwise assist them in the mediation.
29. EXAMIlVATION OF THE WORK STTE BY CONTRACTOR The Contractor has thoroughly
examined and carefully studied the Site of the Work and the Contract Documents and has identified any
and all conflicts, errors, ambiguities, and discrepancies to DME in writing and the written resolution
thereof by DME is acceptable to the Contractor, and the Contractor has determined that it can deliver the
work for the Contract Price and within the contract Time specified in the Contract Documents and this
Contract.
30. TAX LIABILITIES. The Contractor is responsible for any and all tax liabilities, which may be
imposed upon the Work, or any materials used therein under the sales or use tax laws of the State of
Texas. It shall be the Contractor's responsibility to determine if taxes are due on the Work or materials
installed under this Contract. The Contractor, solely on its own behalf, shall apply to the Texas
Comptroller's Office for any applicable exemptions to sales and/or use t�es.
31. NOTICE. Unless otherwise specified, all notices, requests, or other communications required or
appropriate to be given under the Contract shall be in writing and shall be deemed delivered three (3)
business days after postmarked if sent by U.S. Postal Service Certified or Registered Mail, Return Receipt
Requested; provided however, that unless verbal communication is expressly permitted or verbal
communication is appropriate because of the exigencies of time, in which case such verbal
communication shall be confirmed in writing at the earliest possible time. Notices delivered by other
means shall be deemed delivered upon receipt by the addressee. Routine communications may be made
by first class mail, telefax, or other commercially accepted means. Notices to the Contractor shall be sent
to the address specified in the Contractor's Offer, or at such other address as a party may notify the other
in writing. Notices to the City shall be addressed to the City at 901B Texas Street, Denton, Texas 76209
and marked to the attention of the Purchasing Manager.
If to DME: City of Denton, Texas
ATTENTION: Purchasing Department - RFP 4825
901B Texas Street
Denton, Texas 76209
City of Denton, Texas
City Manager
215 East McKinney Street
Denton, Texas 76201
If to CONTRACTOR: ABC Professional Tree Services, Inc.
201 Flint Ridge Road
Webster, Tx 77598
32. ASSIGNMENT OF CONTRACT. The Contractor may not assign this Agreement or subcontract
any part of the Work without the prior written consent of DME. Any attempted assignment or delegation
by the Contractor shall be void unless made in conformity with this paragraph. The Contract is not
intended to confer rights or benefits on any person, firm or entity not a party hereto; it being the intention
of the parties that there are no third-party beneficiaries to the Contract.
33. COVENANT OF CONFIDENTIALITY. Contractor, its employees and agents understand and
covenant that it has a duty to safeguard, protect and prevent any public disclosure of materials that are
provided to it by DME that are confidential and proprietary. Contractor will know whether a material or a
communication, or a map, or other communication is confidential and/or proprietary by a conspicuous
marking on that particular document made by DME. Contractor will take all necessary steps to safeguard
the confidential and proprietary information provided to it by DME. Such information is important to the
Homeland Security interests of DME and is confidential and sensitive information. Contractor realizes
that DME would not otherwise furnish such confidential and proprietary information, to it, and is doing
so solely because of this Contract. This information is important to DME for it to maintain
confidentiality under the Public Power Exception under Texas law. Contractor agrees to notify DME
promptly, within 24 hours, if it detects or knows of any violation of this duty. Contractor shall use all
commercially reasonable methods possible to safeguard the confidential and proprietary information. If
Contractor fails to do so, DME may treat that failure as a default of this Contract, at its sole option.
34. RIGHT TO AUDIT.
A. The City shall have the right to audit and make copies of the books, records and computations
pertaining to the Contract. The Contractor shall retain such books, records, documents and other evidence
pertaining to the Contract period and four years thereafter, except if an audit is in progress or audit
findings are yet unresolved, in which case records shall be kept until all audit tasks are completed and
resolved. These books, records, documents and other evidence shall be available, within ten (10) business
days of written request. Further, the Contractor shall also require all Subcontractors, material suppliers,
and other payees to retain all books, records, documents and other evidence pertaining to the Contract,
and to allow the City sunilar access to those documents. All books and records will be made available
within a fifty (50) mile radius of the City of Denton. The cost of the audit will be borne by the City
unless the audit reveals an overpayment of 1% or greater by DME. If an overpayment of 1% or greater
occurs, the reasonable cost of the audit, including any travel costs, must be borne by the Contractor which
must be payable within five (5) business days of receipt of an invoice.
B. Failure to comply with the provisions of this section shall be a breach of the Contract. Each
of the terms "books" "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 fmal printed document.
35. ADVERTISING. Contractor shall not advertise ar publish, without the City's prior consent, the
fact that the City has entered into this Contract, except to the extent required by law.
36. INDEPENDENT CONTRACTOR. This Contract shall not be construed as creating an
employer/employee relationship, a partnership, or a joint venture. The Contractor's services shall be those
10
of an independent contractor. The Contractor agrees and understands that the Contract does not grant any
rights or privileges established for employees of the City of Denton, Texas for the purposes of income t�,
withholding, social security ta��es, vacation or sick leave benefits, warkers' compensation, or any other City
employee benefit. The City shall not have supervision and control of the Contractor or any employee of the
Contractor, and it is expressly understood that Contractor sha11 perform the services hereunder according to
the attached specifications at the general direction of the City Manager of the City of Denton, Tearas, or his
designee under this Contract.
37. AMENDMENT OF CONTRACT. No amendment, modification or interpretation of this
Contract by DME shall be effective unless the same is in writing and signed by a duly authorized
representative of DME and Contractor.
38 WAIVER. No delay or failure of DME in exercising any right or power under this Contract shall
operate as a waiver of such right or power or prevent the future exercise of such right or power. Nothing
contained in this Contract or in any bond or in any certificate or policy of insurance, or in any provision
of indemnity shall be construed to constitute a waiver by DME of any provision, or of any other provision
of federal, state, or local law affording DME immunity and protection from, or limitation of tort or other
liability. No claim or right arising out of a breach of the Contract can be discharged in whole or in part by
a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by
consideration and is in writing signed by the aggrieved party.
39. RIGHTS OF THIIZD-PARTIES. Nothing contained in this Contract shall be construed as
creating rights in third parties, and the parties hereby express their intent that this Contract is not intended
to benefit third parties in any manner.
40. CONTRACTOR'S OBLIGATIONS. The Contractor shall fully and timely provide all
deliverables described in Request for Proposals and in the Contractor's Offer in strict accordance with the
terms, covenants, and conditions of the Contract and all applicable Federal, State, and local laws, rules,
and regulations.
41. PROI�BTTION AGAINST PERSONAL INTEREST IN CONTRACTS. No officer, employee,
independent consultant, or elected official of the City who is involved in the development, evaluation, or
decision-making process of the performance of any solicitation shall ha�e a financial interest, direct or
indirect, in the Contract resulting from that solicitation. Any willful violation of this section shall
constitute impropriety in off'ice, and any officer or employee guilty thereof shall be subject to disciplinary
action up to and including dismissal. Any violation of this provision, with the knowledge, expressed or
implied, of the Contractor shall render the Contract voidable by the City. The Contractor shall complete
and submit the City's Conflict of Interest Questionnaire (Attachment B).
42. INTERPRETATION. The Contract is intended by the parties as a final, complete and exclusive
statement of the terms of their agreement. No course of prior dealing between the parties or course of
performance or usage of the trade shall be relevant to supplement or explain any term used in the
Contract. Although the Contract may have been substantially drafted by one party, it is the intent of the
parties that all provisions be construed in a manner to be fair to both parties, reading no provisions more
strictly against one party or the other. Whenever a term deimed by the Uniform Commercial Code, as
enacted by the State of Texas, is used in the Contract, the UCC defmition shall control, unless otherwise
defined in the Contract.
43. INVALIDTI`Y. The invalidity, illegality, or unenforceability of any provision of the Contract
shall in no way affect the validity or enforceability of any other portion or provision of the Contract. Any
11
void provision shall be deemed severed from the Contract and the balance of the Contract shall be
construed and enforced as if the Contract did not contain the particular portion or provision held to be
void. The parties further agree to reform the Contract to replace any stricken provision with a valid
provision that comes as close as possible to the intent of the stricken provision. The provisions of this
section shall not prevent this entire Contract from being void should a provision which is the essence of
the Contract be determined to be void.
44. DRUG FREE WORKPLACE. Contractor shall comply with the applicable provisions of the
Drug-Free Work Place Act of 1988 (Public Law 100-690, Title V, Subtitle D; 41 U.S.C. 701 et seq.) and
maintain a drug-free work environment; and the fmal rule, government-wide requirements for drug-free
work place (grants), issued by the Office of Management and Budget and the Department of Defense (32
CFR Part 280, Subpart F) to implement the provisions of the Drug-Free Work Place Act of 1988 is
incorporated by reference and the Contractor shall comply with the relevant provisions thereof, including
any amendments to the final rule that may hereafter be issued.
45. NON-WAIVER OF RIGHTS. Failure of a Party to require performance by another Party under
the Contract wi11 not affect the right of such Party to require performance in the future. No delay, failure,
or waiver of either Party's exercise or partial exercise of any right or remedy under the Contract shall
operate to limit, impair, preclude, cancel, waive or otherwise affect such right or remedy. A waiver by a
Party of any breach of any term of the Contract will not be construed as a waiver of any continuing or
succeeding breach.
46. NO WAIVER OF SOVEREIGN IMMUNITY. The Parties expressly agee that no provision of
this Contract is in any way intended to constitute a waiver by the City of Denton, Texas of any
immunities from suit or from liability that the City of Denton, Texas may have by operation of law.
47. RECORDS RETENTION. Contractor shall retain all fmancial records, supporting documents,
statistical records, and any other records or books relating to the performances called for in the Contract.
Contractar shall retain all such records for a period of four (4) years after the expiration of the Contract,
or until the City of Denton, Texas is satisfied that all audit and litigation matters are resolved, whichever
period is longer. The Contractor shall gant access to all books, records and documents pertinent to the
Contract to the City of Denton, Texas, the State Auditor of Texas, and any Federal governmental entity
that has authority to review records due to federal funds (if any) being spent under the Contract.
48. JLTRISDICTION AND VENUE. The Contract is governed by, interpreted and enforced under
the laws of the State of Texas. All issues arising from this Contract shall be resolved and venue shall lie
in the courts of Denton County, Texas. The parties agree to submit to the personal jurisdiction of such
courts.
49. BINDING CONTRACT. This Contract shall be binding upon and shall inure to the benefit of
the DME and the Contractor and each of their respective successors and assigns.
50. ENTIRE AGREEMENT. This Contract constitutes the iinal, complete, and entire written
contract of the parties and supersedes all previous communications, representations, agreements,
promises, statements, proposals, past practice and specifications, whether written or oral, by or between
the parties.
51. EFFECTIVE DATE Unless otherwise specified in the Request for Proposals, this Contract shall
be effective as of the date the Contract is signed by the City, and shall continue in full force and effect
until all obligations are performed in accardance with the Contract.
12
IN WITNESS WHEREOF, the parties hereto have affixed their signatures ar�l seal, by their duly
authorized officers and representatives, on this the �. day of �� t���,1 , 201��,
`�J �i�
CITY OF DENTON, TEXAS
A Texas Municipal Corporation
By: / �s
GE RG C. CAMPB LL
CITY MANAGER
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
APP VED A LEGAL FORM:
ANITA BURGESS, CTTY ATTORNEY
By: �
"CONTRACTOR"
ABC PROFESSIONA„L TREE SERVICES, INC.
:
ATTEST:
BY� � l�0 I� vt.Q C��� �0.,
13
PERFORMANCE BOND✓ Bond 70084260
KNOW ALL BY THESE PRESENTS, That we, ABC Professional Tree Services, Inc-'
(hereinafter called the Principal), as Principal, and The Guarantee Company of North America USA✓ , a corporation
duly organized under the laws of the St te of Michigan (hereinafter called the Surety), as Surety, are held and iu�mly
boundunto City of Denton, Texas�enton Municipal Electric) _
, (hereinafter called the Obligee),
in the sum of Five Hundred Thousand Dollars And Zero Cents.�
($ 500,000.00 '� ) Dollars, for the payment of which sum we11 and nuly
to be made, we, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns,
jointly and severally, firxnly by these presents.
Signed and sealed this 22nd day of February , 2012�
WHEREAS, said Piincipal lias entered into a written Contract with said Obligee, dated February 7, 2012� ,
for Electric Utilitv Line Tree Trimminq Services✓
ui accordance with the terms and conditions of said Conhact, which is hereby referred to and made a part hereof as if fully set forth
herein:
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That if the above bounden Principal shall well and truly
lceep, do and perform each and eveiy, all and singular, the matters and things in said contract set forth and specified to be by said
Principal kept, done and performed, at the times and in the manner in said contract specified, or shall. pay over, make good and
reimburse to the above named Obligee, all loss and damage which said Obligee may sustain by reason of failure or derault on the part
of said Principal so to do, then this obligation shall be null and void; otherwise shall remain in full force and effect.
NO SUIT, ACTION OR PROCEEDING by the Obligee to recover on this bond shall be sustauied �anless the sam2 be cammenced
withui two (2) years following the date on which Principal ceased work on said Contract.
V
ABC Prof sio Tree Services, Inc.
Principal
By �
✓
The Guarante Company of North Americ� USA
By
R es N i Attorney-in-Fact
S-0757/GE 10/99
��' � T�3[E GU�EtANT�E C�M�AN�Y O� NO�tT]� AMIER�CA USA
F�
SouthfieId, Miclugan
� �� YV �� �.i' .L����.�i..L�lA� IL
iCNO�Y ALL t3Y TH�SC PR�SGNTS: 7'Bn[ THE CUAEt.A1VTGG COMAAIYY Ok� NORTI{ AMGRICA [15A,"n co�pamtion orgnnized and cxisling
under lhe laws ol'Ihe S�pte of MicGignn, ving its principal ofticn in Soud�Gcld, Michig�n, doe& hcrcby eonslitute and nppoint
Robe�-1 James Nitsche, Roberl.2�`. Nr1sclre, David P. Fergt�sa2, T�iolet Frosch, Nina I�.', S�1zitli, C1•aig Parker
Nifsclre cF Felg�rson/Irtsctr•a�rce Net�t�ork
its true and lasvful allomcy(s)-in-facl to execu[e, senl nnd delivet lor nnd ari its bclmlCas surely, any �nd alE bands nnd undetlaE�ings, conlracts oC indemnity
and nther wrilings ohligotory in Q�c nature lhcrcoC, which arc or may bc atlowcd, required or pcnni[ted by law, stuwEe, iule, regulalion, cantract ar o�hcrwisa.
'I'he excculion of sucli inst�umcut(s) in pursuancc oC lhese presenls, simll be ns binding upon TFiC GUARANTCE COMPfINY 0� NORTH AM�RICA
U5A us fully und arnply, to nll inlenls and purposes, as if'ltte samc h�d heen duly eseculed anrl acknowledged by ils regulnrfy ciccted oflice� at the principal
ofiicc,
Tho Potivar of Altamey is exccutcd und may bc certified so, and �nny be revoked, pursuan[ lq anJ by nuthprily af Ariicle [X, 5ection 9.a3 of the Sy-Lnws
udap�cd hy !ha Doard of Dircciars of THG CUARAIVTG� COMPAIVY OF NORTH AMCRICA U5A at a tneeting held an tlie 3I" day oC DeccmbCr,
2003. Thc Prcsid4nt, ar nny Vice President, ncting with nny Scoretnry or Assistant 5ecretury, sha11 Etavc powcr nnd autl�ari�y:
1. Tp appnint Auomey(s)-in-fnct, and �o nuchorizc Uiem to cxccute an bctialC of thc Compuny, nnd nttnch li�e Seal of lhe Company q�crcta, bonds
and unJcrtu[angs, oontrncts of indemnlry nnd other writings abligalory in die nniure il�ereof; nnd
2, Ta revokc, ut ony timc, any such Attornay-in-fnct and revoke Ilie nufhority giveiti.
Cunlier, [liis Power of Atlomey is signcd and senlcd 6y I'acsimile pursuunl ta resolutinn of tlic Board ot Directo�� of'11t� Campnny odo�ted oc n macting duly
culled and heid on tl�e 31" day aC Dcccmbcr 2003, af wliic3� the fallowing is u Irue exGCrpt:
ELESpLVEq lhat t[tiu signasurc of nny aulhprized aflicar und thc scal af ll�c Comppny mny Ue uffixed 6y Pacsimile to nny Pawer of Altomey or cenification
Ihnr�rof uuthorizing the cxecuGon and delivery aCany hond, undartnking, eontrncls oFindemnity and othcr wriLings obligatory in the nnturc lhercaC, nnd such
signalure nnd sznl wlten sa used stiall huve the snme fnrce and eCi'ect as thougi� monuttlly aCiixeti,
�p1�TE�
�, c�'�!a
�r ��1 t
�� `
=-;7
o, �::J „4
J
��JH a�aeR`0r
lN WITNE5S WHCREOf, THG CUARANT�G COMPANY OC HQR'CiI AMGnICA USA [ins
cnused Ehis inslrumenl to be signed nnd its corpordle seal to be ACfixed by ils authorized ofticer, this
20'i' dny nPJnnunry, 2005.
TkIG CUr1RANT�C COMI'AiVY OF N�RTk! AMCRICA USA
� � ...f=' -.
,� � \
STATE O�' MICI�IGAN . `�'�$�J�' /i...•���.�' '. ..�
Cpunty af 4ukland
5tepllen Dullard, Vice Presi�lent
On t[iis 2D°i dny af Janunry, 2005 betore mc anme llic individa¢I who cxecuted Ilte precedin� inst�umci�l, tn me persannlly knuwn, and being by mc duly
swarn, said thaf he is lhe l�crein descri6ed and null�arized oFlicer of Tl�e Quuranlae Campnny oF Not�h Atnerian USA; lhnt the settf aCfixed ln said instrument
is thc Corpar�ta Scal ofsaid Compnny; lhut the Cotpornte Seal nnd liis signature ware duly affixed by nrcler of tl�e Bonrd of pirectors of soid Compuny.
' Gall irevor
' +�" "` �" � � � Nofary Publlc, 5tate of MichJgan
• �.,;,,,,, •. - Counly of Macorr�b
- My Commisslon Expfres August 2, 20Q5
��,"'�;� ;•' � -� �' � Acting In Oakland County
�.��.,,
IN WITNGSS W1-IER�pF, I Itnve Etercun�o sel my liand at Tlie Cuarnntce
Company oC North Americn U5A affices tlie day and yc�r a6ove writtcn.
%� �.��li`���
[, Randnll Ivtusselmnn, Secrclory of T1�1C GUAILrINTC� COMPANY Or NOftTH AMCRICA USA., do ftereby pertiiy fhn( the ubove nnd Caregoin� is n
lruc and carrcct copy dCa Powcr of Attnmey execulcd by THC CUA[LANTGC COMPANY O� NORTH AM6RtCA USA, which is still in full fo�e and
ciTcct.
IN WlTN�5S WHEREOF, l hnve lhereunto scl my hand and attnchcd lhe seol of said Compuny this 2 21��, or Febr/1y��ary z� 12
�pNTEf V
a,r ���
a
ti �
�
o r
�aRrhAM�R�� �
, � /�, ,: / �. /
Rnndnl! Musscln�au, SecreEary
� ll^
��� �
PAYMENT BOND
KNOW ALL BY THESE PRESENTS, at we,
ABC Professional Tree Services, c. 201 Flint
Road, Webster, TX 77598
BOND NO. 70084260
(Here insert the name and address or legal title of Contractor)
as Principal, hereinafter called Principal, and The Guarantee Company of North America USA , a Michigan Corporation,
as Surety, hereinafter calle Surety, are held and firmly bound unto
City of Denton, Texa enton Municipal Electric)
(Here insert the name and address ar legal title of Owner)
as Obligee, hereinafter called Owner, for the use and benefit of Claimants as herein defined, in the amount of Five Hundred Thousand Dolla s nd
Zero Cents Dollars ($ 500,000.00 ),
(Here insert a sum equal to at least one-half of the contract price)
for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally,
firmly by these presents.
WHEREAS, Principal has by written agreement date/d February 7 , 2012 � entered into a contract with Owner for
Electric Utility Line Tree Trimming Services ✓
in accordance with the terms and conditions of said contract, which is hereby referred to and made a part hereof.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That if the Principal shall promptly make payment to all Claimants as
hereinafter defined, for all labor and material used or reasonably reyuired for use in the performance of the Contract, then this obligation shall be void;
otherwise it shall remain in full force and effect, subject, however, Yo the following conditions:
1. A Claimant is defined as one having a direct Contract with the Principal or with a Subcontractor of the Principal for labor, material, or both, used or
reasonably required for use in the performance of the Contract.
2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every Claimant as herein defined, who has not been
paid in full before the expiration of a period of ninety (90) days a$er the date on which the last of such Claimant's wark or labor was done or performed,
or inaterials were furnished by such Claimant, may sue on this bond for the use of such Claimant, prosecute the suit to �nal judgment for such sum or
suins as may be justiy due Claimant, and have execution thereon.
3. No suit or action shall be commenced hereunder by any Claimant.
a) Uniess Claimant, other than one having a direct Contract with the Principal, shall have given notice to any two of the following: The Principal, the
Owner, or the Surety above named, within ninety (90) days after such Claimant did or performed the last of the work or labor, or furnished the last of
the materials for which said claim is made.
b) After the expiration of one (1) year following the date on which Principal ceased work on said Contract. If the provisions of this paragraph are void
or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shsll he applicable.
c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which th�. Project, or any part
thereof, is situated, or in the United States District Court for the district in which the Project, or any part thereof, is siivated, and not �L�where.
4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder.
Signed and sealed this 22nd day of February 2012 �
S-4174/GE 2/98
ABC
�
Tree Services,
P��incipal
The Guar e mpa North A a USA
By
Robert James Ni he Attorney-in-Fact
�� ��
�
�� �
TH� ��CJ�1]E�A.NT]EE COM��I�I'�I OF N��TH AlY�]E�1CCA USA
�� �
Sauthfield, Miciugan
� �� 'YY �� �� .f� 1 ���L�i� IL
iiNOW A1..L i3Y TIiCSG PRCSGNTS: That THE CUAItANTCE COMrANY QR i�IORTIi AMGRICA USA,'n carpamtion orgnnized and cxisling
under lhe 3aws o!'tl�e Slate ofMictiigan, liavittg its prinaipal oflice in 5aulhfield, Mic[�igun, does hereUy constifute nnd oppoint
Rabe�•! Jantes Nitsclre�l2obe�•11�'. Nr1sclte, Da>>id P. Fe�gt�so�7, i�rolet Fi•ose12, Ni�ra K Smi[!i, Craig Parlcer
N�tsclre S� Fel�rrsort/1'trsru•ttrrce Netri�orlc
ils true nnd lawful auarncy(s}-io-fac� ta exeout�, seal ond dnliver for n�td on its 6clmlfas surely, 7ny und aIt bonds flnd undertaf�ings, conlrac�s ot indemnity
nnd nther writings obligatory in tlie nature lhcrcaC, which m�e or may bu Allowcd, required or pertni[ted hy (a�v, sluwte, ivle, rebulaliott, conlract ar othetwise.
The exccutivn of su�h insttumeni(sj in pursuanec oC lhese prrscnes, shn11 be uS binding upan THG CUARANT�E CQMPA]VY OF NORTH AM�RICA
U5A us fully aud nmpiy, to nll intcnls nnd purposcs, as iC lhc samc had heen duly execuled and acknowledgetl by its regulnrly cleclui officcrs ni ihe prineipal
offce,
The Potvcr of Altomcy is execulcd mid may be cerlified so, qnd mny bc revo&ed, pursuanl !o a�td by authoriry af Article la, Sec(ion 9.03 af [1ic By-I.aws
udoPlcd by lita Eioord of Dircclors of'FHG CUARANTG� COMPANY Or t�ORTH AMCRICA USA at a meeling held an the 31" dny oF Deccmbcr,
2Q03. Thc President, nr nny Vicc nresidcnt, neting wilh uny Sceretary or Assistunt 5ecretnry, shal] hnvc pawer and nutharity:
l. Ta appaint Auamcy{s)-in-Cact, and lo nulhorize them to cxecut� on bclml� oF tEtc Cnmpnny, nnd Atlnch tlie Seal af the Campany tl�ereta, bonds
nod undcrtuldngs, cantracls of indemnity ond ather wrilings obligulory in Q�e n�lure dieraaf; nnd
2. To rcvoke, ut �ny time, uny such Attarney-in•Cnct and revol�e !he nufharity given.
�unher, this Power of Attomey is signcd nnd sealcd 6y t'ncsimile pu�suanl lo resafution oC thc 8ourd of Direclais of the Company ndopled at n mecting dufy
cnllr.cl and held on the 31'' day af Dcccmhcr 20d7, of which the following is n true exccrpt:
FtE50LVEp lhat lhc signaiurc of any autharized ol'liccr und lhc scal of tlic Comppny may Ue uClixed by Cacsimilc lo any Power of Altomcy or ccrtification
Q�er�rof uuthorizin� Ihe cxccution and delivery nf nay bond, undertaking, pontrocfs op indemnity and atl�cr wriLings obligntory in the nnture lhereof, ¢nd such
signalure and seul whcn so used shall hnve the snma Cnrce nnd cCf'cct as thaugh manunlly nf(ixed.
�ir��
e° cO{w
F ��1 �
o �\J �
hT
J
���f AIdE���r
!N WITNE55 WHCREOP, TH� CUARANTCG COMPMIY OC NORTIi AMGTtICA USA has
cavsed this instrumenl to 6e signcd nnd its corporate scal to hc ofEix�d 6y its authtirized afficcr, this
2Ui0 �ay of'Jununry, aaos.
Tt'tC GUrIRANTC� COMPANIr' Of NORTH AMCRICA USA
STATE OF MIC1iIGAN
Caunry oCOttklnnd
,,�-J'� �,'�,, �r'
� _..�.
`-� ..,%
5tephcn DuUard, V[re President
On tl�is 2d°` day of lonuary, 2005 bafore ittc catne lbc individuul wlta execuled ttte precedln� insltutttenf, to me persnnolly knpwn, nnd being by mc duly
swarn, s�id lhnl hn is lhe licrein descri6ed and ¢ul��orized oRicer af Thc puntantee Compnny ol' Norih America USA; ll�pt the seal aiFxed lo said instrument
is tlic Corporata 5enl of said Canpuny; �hat tl�e Comomtc 5enl nnd I�is signature �verc duly affixed by order of thc Bourd of pirectors of said Company,
� ' Gar! Trevor
''�'"�' �' ��� No1ary Publrc, 5date of Mlchlgan
� ;.,,,.,,�• - Counfy ofMacomb
��:,i.,. :., :;•.;;.; ,� My Cammission Explres Augusf 2, 20q5
, ,';; ,,•' Acting In Oskla�d Counfy
,�.,;
IN WiTNGSS WWEREOF, [ hnve liercunlo sel my llund al'I'hc Guarantce
Company ol' North AmGrico USA affices tlic day nnd yc,7r above written.
3,1d/r�-L �.N�l/NTML�
[, RandAll Mussclmnn, Secrclary of TFIC CUARANTEC COMPANY Or NORTN AMCRICA US�1., do hcrehy ccrtify lhn� ilie ubove and faregoing is a
�rue ttnd coRCCt copy of a Powcr of Attnrnay cxecutcd by TH� GUA[tANTGL� COMPANY Or NDRTH AMCR[CA USA, wtiich is still in full forcc nnd
c(Tcct.
1N WlTN�55 WH�REOF, I hnve lhereunta sct my hand nnd ntmched lhe senl of slid Campany tliis 2 21��, o� Febr ary �q 12
UJ�nra�re� �p�
W 4
h �
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'�RrN Aµ6R��'
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Rnndnlf Mussclninn* 5ecretary
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ATTACHMENT A
INSURANCE REQUIREMENTS AND
WORKER' S COMPENSENTATION REQUIREMENTS
Respondent's attention is directed to the insurance requiremenfs be%w. It is highly recommended
that respondents confer with their respective insurance carriers or brokers to determine in advance
of Proposa!/Bid submission the availability of insurance certificates and endorsements as
prescribed and provided herein. !f an apparent low respondent fails to comply strictly with the
insurance requirements, that respondent may be disqualified from award of the contract. Upon
contract award, all insurance requirements shall become contractual obligations, which the
successful contractor sha11 have a duty to maintain throughout the course of this contract.
STANDARD PROVISIONS:
Without limiting any of the other obligations or liabilifies of the Contractor, the Contractor
shal! provide and mainfain 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 pracficable after notification of contract award, Contractor shall file with the
Purchasing Department satisfactory certificates of insurance including any applicable
addendum or endorsemenfs, containing the contract number and title of fhe projecf.
Contractor may, upon written request io the Purchasing Department, ask for clarification of
any insurance requiremenfs at any time; however, Contractors are strongly advised fo make
such requests prior to proposal/bid opening, since fhe insurance requirements may not be
modified or waived after proposa!/bid opening unless a written exception has been
submitted with the proposal/bid. Contracfor shall not commence any work or deliver any
material until he or she receives notification that fhe confract has been accepted, approved,
and signed by fhe City of Denton.
Al1 insurance policies proposed or obtained in safisfaction of these requirements shall
comply with the following genera! specifications, and shalJ be maintained in compliance
with these general speci�cafions throughout the duration of the Confracf, 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- or better.
Any deductibles or self-insured retentions shall be declared in the 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.
PAGE 18
The inclusion of more than one insured shall not operate to increase the insurer's
limit of liability.
• Cancellation: City requires 30 day written nofice should any of the policies described
on the certificate be cancelled or materially changed before the expiration date,
• 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 propased or obtained in safisfaction of this Confract shall
additional/y comply with the following marked specifications, and shall be mainfained in
compliance with fhese addifiona! speciircations throughout fhe duration of the Coniract, or
longer, if so nofed:
[X] A. General Liability Insurance:
General Liability insurance with combined single limits of not less than 2 000 000 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
PAGE 19
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 $1,000,000 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 $500,000.00
combined bodily injury and property damage per occurrence with a$1,000,000.00
aggregate.
[] Fire Damage Legal Liability Insurance
Co�erage 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.
PAGE 20
ATTACHMENT 1
[X] Worker's Compensation Coverage for Building or Construction Projects for Governmental
Entities
A. Defmitions:
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 classif'ication 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
certif'icate 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:
a cert�cate of coverage, prior to that person beginning work on the project, so the
governmental entity will have on file certificates of coverage showing coverage far 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.
PAGE 21
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 e�ctension 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 certiiicate 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 proj ect;
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 ar 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 perfortn 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
PAGE 22
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.
PAGE 23
CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ
For vendor or other erson doin business with local overnmental entit
This questionnaire reflects changes made to the law by H.B. 1491, 80th Leg., Regular Session. OFFICE USE ONLY
This questionnaire is being iiled in accordance with chapter 176 of the Local Government Code by a person Date Received
who has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the
person meets requirements under Section 176.006(a).
By law this questionnaire must be filed with the records administrator of the local government entiTy 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 knowingly violates Section 176.006, Local Government Code. An
offe der this section is a Class C misdemeanor.
1 e of person who has a business relationship with local governmental entity.
2
Check this box if you are fding an update to a previously filed questionnaire.
(The law requires that you file an updated completed question�aire with the appropriate filing authority not later than the 7`�' business day after the
date the originally filed questionnaire becomes incomplete or inaccurate.)
3 Name of local government officer with whom filer has an employment or business relationship.
Name of Officer
This section, (� including subparts AD & 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; auestionnaire? �
u
Yes 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?
� Yes Q 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?
Yes No
D. Describe each affiliation or business relationship. �``�
4
Signature of person doing business with the governmental entity Date
EXHIBIT 1
ABC PROFESSIOIVAL TREE SERVICES
RFP 4825 Pricing Sheet Electric Utility Line Tree Trimming Services
SECTION I- DESIGNATED PROJECTS: Furnish all supervision, labor, traffic control personnel, material, '
supplies, tools, equipment and #ransportation to trim and remove trees, brush, and vines as needed to comply with DME
Tree Trimmi"ng Specifications for the following projects:
Item UOM Type of Service Requested Original Pricing Revised Pricing
A LS Jim Christal 211 Feeder $4,500.00
B LS Jim Christal 212 & 222 Feeders- Primarily a Double Circuit $� 7,500.QQ
C LS Jim Christal 213 & 223 Feeders - Primarily a Double Circuit $60,000.00 $5,500.00
D LS Jim Christal 221 Feeder $4,500.00
E LS Ray Wells 212 Feeder $500.00
F �s Ray Wells 213 Feeder $4,061.00
G LS Arco 211 Feeder �5,900.00
H LS Arco 221 Feeder $2,350.00
I �s Denton North 213 Feeder $57,861.00 $38,100.00
J LS Industrial 221 Feeder $5,100.00
K LS Teasley 222 Feeder $13 200.00
L LS Pockrus 212 Feeder '
$2,900.00
SECTION 11-= FOUR YEAR CONTRACT FOR ELECTRIC UTILITY TREE TRIMMING SERVICES
Furnish all supervision, Ja6or, traffic control personnel, mate�ial, supplies, tools, equipment and transportation to t�im and
remove trees, brush, and vines as needed to comply wifh DME Tree Trimming Specifications.
Item UOM Type of Service Requested Original Hourly Rate Revised Hourly Rate
'�°-"' �, A:ertal L�ft Crew Rate Ho�,rlyiabor�nd eqa�pmenkfar�5 mmimumiariel workmg heig�ll�yifh one�cf�w � �"�
���� �� � w�th t�i ee pe�rsons (�one wo�king For m�n with CpL one q�U�'ed�, �in�e clsarance tree tnmmer;�w�Eh.CRL apd � W
���
�� ,�� o�e �imma�airie� or groundman � �: > � _ ��
___-�.e T� �. _ �� _. .t: �� � _�.�-� � � ��
_ .�_ ... .._.:� _...,-..., : _..�W_w.,_.._.� �. . � � �� �� �
. __ ___: �. _ ,�� ...__ ., _�: _. ._�— - .�,. r�.�
1 HR One Crew at Standard hourly rate (with 8 hours advance notice) $110.10
2 HR One Crew at Emergency hourly rate( with less than 8 hours notice) $155.00
����-B � T�' m��d Br�sh Pick uq Rate� HoUrly labor and equipment for one crew with t�o persons (one
�� � � wor�[�����,gq7a�,w�th CDI. and one�ro�nd man) _ `�,, � �� - =
�,.� ., .._. � � . � . _., � �= ���
,-��- ...� ��.� v� .� � m�_u __: � �°=__ , ° `� . _ - _ "
� � � -, -° - � -
1 HR One Crew at Standard hourly rate $$1.80
2 HR One Crew at Overtime hourly rate �122 ��
y� c= Indi �� dual Labor and Equipme�nf Rates Hourlylabor�requ�pment rates as neeaed - �
z
=E - � -
1 HR Supervisor Tree Trimmer - standard hourly rate $45.50
2 HR Supervisor Tree Trimmer - overtime hourly rate $68.25
3 HR Foreman Tree Trimmer (climbing) - standard hourly rate �2$.3Q
EXHIBIT 1
4 HR Foreman Tree Trimmer (climbing)- overtime hourly rate $42.45
5 HR Line Clearance Trainee or Groundman/Flagman -standard hourly rate $24.50
6 HR Line Clearance Trainee or Groundman/Flagman - overtime hourly rate $36.75
7 HR Equipment Operator (tractor) - standard hourly rate $28.30
8 HR Equipment Operator (tractor) - overtime hourly rate $42.45
9 HR Aerial Lift with dump bed and disc chipper 75 foot minimum working height and �32.00
associated equipment - standard hourly rate
10 HR Aerial Lift with dump bed and disc chipper 75 foot minimum working height and $32.00
associated equipment - overtime houriy rate
11 HR Chip Truck, 10 cubic yard covered dump body with disc chipper and associated $24.0�
equipment - standard hourly rate
12 HR Chip Truck, 10 cubic yard covered dump body with disc chipper and associated $24.�0
equipment - overtime hourly rate
13 HR Tractor, WD with bush hog and associated equipment - standard hourly rate $65.00
14 HR Tractor, WD with bush hog and associated equipment - overtime hourly rate $65.00
15 HR Chipper only (DISC only) - standard hourly rate $7.50
16 HR Chipper only (DISC only) - overtime hourly rate $7.50
15 HR Certified Arborist - standard hourly rate
$ 29.50
16 HR Certified Arborist - overtime hourly rate
$ 4425
15 HR Standard Pick-up Truck- standard hourly rate $ 12.00
16 HR Standard Pick-up Truck - overtime hourly rate $ 12.00
EXHIBIT 1
PRICES SHALL INCLUDE DELIVERY, FOB DESTINATION
Expedited Payment Discounts
Please provide the payment discounts below you may be able to pass on to benefit the City.
discount extended to each monthly invoice that is paid within the time period indicated below.
Client#: 38531 ABCPRO
,4CORDTM CERTIFICATE OF LIABILITY INSURANCE �A��MMIODIYYYY)
— 2�0, izo, 2
THIS CERTIFICATE IS ISSUED AS A MATTER OF tNFORMATION ONLY AND CONFERS NO RIGHTS UPON 7HE CERTIFICATE HOLDER. THIS
CERTiFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. TH1S CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BEIWEEN THE ISSUING INSURER(S), AUTHORIZED:
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder ts an ADDITIOHAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certiFcate does not confer rights to the
certificate holder in lieu of such endorsement{s).
PRODUCER � �E: Randy Croix
Insurance Network of Texas PHOHE
�ac, Na, e�ct: 7� 3-522-6956
708 Sul Ross Street Rand �ac Nor 713-522-5543
Houston TX 77006 � a Ress: yC@INTonline.com
ABC Professional Tree Services, Inc.�
4831 Old Galveston Road
Houston, TX 77017
����
��� �
INSURER(S) AFFOROlNG COVERAGE � NAIC p
iNSUReRa': Zurich American lnsurance Co 16535
iNSUReR s: American Guarantee 8� Liability 26247
INSURER C :
INSURER D :
INSURER E :
COVERAGES CERTIFICATE N M��� �• REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURA(V G��E�_�L�IS��TED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMEN7, ��OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE lSSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREJN IS SUBJECT TO ALL THE TERMS,
IXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MqY HAVE BEEN REDUCED BY PAID ClAIMS.
�
_TFt TYPE OF
A GENERALLIABILJTY�
COMMERCIAL GENERAL LIA8ILITY� /
] CLAIMS�AADE ❑X OCCUR�/
GEN'LAGGREGATE LIMRAPPLIES PER
POUCY n JE a n LOC
A AUTOMOBILE LJA81
X ANy AUTO
ALL OWNED B SCHE�ULED
AUTOS AUTOS
X HIRED AUTOS X NON-0WNED
AUTOS
B I xl UMBRELLA LIAB I I OCCUR
~ EXCESS UAB I I r� e�..c
A WaRKERS COMPENSATION ✓
AND EMPLOYERS' LL4BILlTY
O�ICE WAAEMBER EXCLUD D7 ECUTNE� H r A
(Mandatory in NH)
If VaS, describe under '
POLJCY Nl
GL6591850606
BAP591850506
AUC475515401
WC591850706
MMIDD LIMITS
02/05/2013 CHOCCURRENCE s1 000 000
PREMISES(Eaoaurencel $�.QQQ.�O�
MED EXP (My one
PERSONAL & ADV INJURY
GENERALAGGREGATE
PRODUCTS - CAMPIOP AG
12102/05/201
s 10,000
$i,000,QOo
$2��0�����
52�4������
$
$2,0OO,OflU
BODILY INJURY (Per petson) $
BOOILY INJIIRY (Per accidenL) $
PROPERTY DAMAGE $
Per accident
3
12 02/0512013 eacH occu�NCe � s2
�2I oziosr2o�
E.L EACH
E.L, �ISEASE - EA EMPLOYE
E.L. �ISEASE - POIICY LIMfi
DESCRIPTiDN OF OPERATIDNS / LOCATIONS 1 VEHICLES (Attach ACORD 101, Addidonal Remarks 5chedule, it more space is raqu(red)
As per policy pr�visions, City of Denton, its Officials, Agents, Employees and Volunteers have Additionai
Insured stat� with respect to all policies except Workers Compensation as provided by blanket add— itio a
insured endorsements and Waiver of Sybrogation status with respect to all policies as provided by blarsket
waiver of subrogation endorsements. As�licy provision, the General Liability policy contains an
endorsement witfi primary and non-contributory wording per U-GL-1175-B CW (3/2007).c�
(See Attached Descriptions)
0��_ Q�
��0,0�� �
000.400
City of Dentonv SHOULD ANY OF THE ABOVE DESCRIBED POLICIES 8E CANCELLED BEFORE
THE EXPtRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
M8t@N81S Ma�a9@Illeflt DIVIS1017 ACCOR�ANCE WITH THE POLICY Pi20V1510NS.
901-B Texas Street
Denton, TX T6ZO9� AUT}tOR1�D REPRESENTATIVE
i �
' 1988-2010 ACORD CORPORATIOPI. All rights reserved.
ACORD 25 {2010/05} 1 of 2 The ACORD name and logo are registered marks of ACORD
#S384704/M384406 593