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2012-162ORDINANCE No. 2012-162 AN ORDINANCE ACCEPTING SEALED PROPOSALS AND AWARDING A CONTRACT FOR MOWING SERVICES FOR THE CITY OF DENTON; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (RFP 4942— ANNUAL CONTRACT FOR MOWING SERVICES AWARDED TO THE BEST VALUED PROPOSER FOR EACH SECTION FOR AN ANNUAL ESTIMATED EXPENDITURE OF $268,982). WHEREAS, the City has solicited, received and evaluated competitive sealed proposals for the purchase of mowing services 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 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 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 4942 4942 4942 CONTRACTO TIBH Industries, Inc. M.E.T. Lawncare dba Maintaining the Common Ground LLC Firehouse 22 AMOUNT Exhibit A Exhibit A Exhibit A 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 of the 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 RFP 4942 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. �!z PASSED AND APPROVED this the 7— day of , 2012. �_ ' ( '; , � MARK A. U� G , MAYOR ATTEST: JENNIF'ER WALTERS, CITY SECRETARY ; BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: 4-ORD- P 4942 RFP 4942 Annual Mowing Services Exhibit A Best And Final Offer Pricing Estimated Recommended Contractor Awarded Services Contract Value TIBH Libraries, Fire, DME, and Water $41,822.00 MET City Parks, Medians $152,560.00 FIREHOUSE 22 Cemetaries $74,600.00 Tota l � " $268,982.00: CONTR.ACT BY AND BETWEEN CITY OF DENTON, TEXAS AND RFP NO. 4942 THIS CONTRA.CT is made and entered into this 7 day of Au ust A.D., 2012, by and between M.E.T. Lawncare dba Maintaining the Common Ground LLC a corporation, whose address is 1907 Azalea St., Denton, TX 76205, hereinafter referred to as "Contractor," and the CITY OF DENTON, TEXAS, a home rule municipal corporation, hereinafter referred to as "City," to be effective tipon approval of the Denton City Council and subsequent execution of this Contract by the Denton City Manager or his duly altthorized designee. For and in consideration of the covenants and agreements contained herein, 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 equipment necessary for RFP4942- Annual Contract for Mowing Services-Proposal B-City Parks, Proposal C-City Medians & Right- Of-Ways North. These products and services shall be provided in accordance with the Specifications for RFP 4942, a copy of which is on file in the office of the Purchasing Agent, and the Contractor's Bid in response thereto, a copy of which is attached hereto and incorporated herein far all purposes as Exhibit "A" . The Contract consists of this written agreement and the following items which are attached hereto and incorporated herein by reference: (a) Specifications for Bid�? On file in the office of the Purchasing Agent) (b) Contractor's Bid. (Exhibit "A"); (c) Insurance Requirements. (Exhibit "B"); (d) Form CIQ — Conflict of Interest Questionnaire (Exhibit "C"). 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 Contract documents, the inconsistency ar 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 doctunents shall be referred to collectively as "Contract Documents." II. TIME OF COMPLETION Contractor agrees and covenants that all work hereunder shall be complete within 14 days following notice to proceed from City. Or III. TERM OF CONTRACT The initial term of this Contract shall be one year from date of contract execution tmless otherwise stated. The City and the Awarded Contractor shall have the option to automatically renew this contract for four (4) additional one year periods IV. WARRANTY Contractor warrants and covenants to City that all goods and services provided by Contractor, Contractar's subcontractors, and agents under the Agreement shall be free of defects and produced and performed in a slcillfiil and warlcmanlil�e manner and shall comply with the specifications for said goods and services as set forth in this Agreement and the Bid Specifications 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 workrrianship, for a period of three (3) year commencing on the date that City issues final written acceptance of the project. V. PAYMENT Payments hereunder shall be made to Contractar following city's acceptance of the work and within thirty (30) days of receiving Contractor's invoice for the products and services delivered. Coinpensation under this contract shall be based upon the mowing cycle pricing for Proposals A, D, F, and G attached as Exhibit A. Contractor recognizes that this Contract shall commence upon the effective date herein and continue in fiill force and effect until termination in accordance with its provisions. Contractor and City herein recognize that the continuation of any contract after the close of any given fiscal year of the City of Denton, which fiscal year ends on September 30th of each year, shall be subject to Denton City Council approval. In the event that the Denton City Council does not approve the appropriation of funds far this contract, the Contract shall terminate at the end of the fiscal year for which funds were appropriated and the parties shall have no further obligations hereunder. VL 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 work 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 NATiJRAL CAUSES Unless otherwise specified, all loss or damage to Contractor arising out of the nature of the worlt to be done, or from the action of the elements, or from any unforeseen circumstances in the prosecution of the same, or from unusual obstructions or difficulties which may 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 d�nages (including loss of use), losses, demands, suits, judgments and costs, including attorney's fees and expenses, in any way arising out of, related to, or resulting from 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 a.ny other third parties for whom Contractor is legally responsible (hereinafter "Claims"). Contractor is eYpressly required to defend City against all such Claims. In the event the City is a named party to a suit arising oLit of the subject matter of this Contract, the City shall have reasonable input into the selection of defense counsel to be retained by Contractor in fiilfilling 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 involcing its right to indemnification tlnder this Contract. If Contractor fails to retain counsel within such time period, City shall have the right to retain defense counsel on its own behalf, and Contractor sha11 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 inchiding all amendments and revisions thereto, which iiz any manner affect Contractor or the work, and shall indemnify and save harmless City against any cl�im related to or arising from the violation of any such laws, ordinances and regulations �vhether by Contr�ctor, its employees, officers, agents, subcontractors, or representatives. If Contractor observes that the worlc is at variance therewith, Contractor shall promptly notify City in writing. X. VENUE The laws of the State of Texas shall govern the interpretation, validity, perforinance and enforcement of this Contract. The parties agree that this Contract is perfarmable in Denton Cotu�ty, Texas, and that exclusive venue shall lie in Denton County, Texas. XI. ASSIGNMENT AND SUBLETTING Contractor agrees to retain control and to give fiill attention to the fiilfillment 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 fiirther 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 fiill obligations to City as provided by this Contract. XII. INDEPENDENT CONTRACTOR Contractor covenants and agrees that Contractor is an independent contractor and not an officer, agent, servant ar 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 saine, 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 Contractor. XIII. INSURANCE AND CERTIFICATES OF INSURANCE Contractor shall procure and maintain for the duration of the contract insurance coverage as set forth in the Insurance Requirements marlced Exhibit "B" attached hereto and incorporated herein 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 lundrances or delays from any cause during the progress of any portion of the worlc embraced in this Contract. XV. AFFIDAVIT OF NO PROHIBITED INTEREST Contractor acknowledges 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 remaining portions of the Contract. However, upon the occurrence of such eveilt, either party may teiminate this Contract by giving the other party thirty (30) days written notice. XVII. TERMINATION Either party may, at its option, with or without cause, and without penalty or prejudice to any other remedy it may be entitled to at law, ar in equity or otherwise under this Contract, terminate fiirther wark 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 ab ee 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 sliall not affect in any manner any of the terms and conditions hereof. XXII. RIGHT TO AUDIT The OWNER shall have the right to atitdit and make copies of the boolcs, records and comptrtations pertaining to this agreement. The CONTRACTOR shall retain such boolcs, records, documents and other evidence pertaining to this agreement during the contract period and five years thereafter, except if an audit is in progress or audit findings are yet unresolved, in which case recards shall be lcept until all audit taslcs are completed and resolved. These boolcs, records, docuinents 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 books, records, cloctunents and other evidence pertaining to this agreement, and to allow the OWNER similar access to those documents. 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 overpayment 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 teims "boolcs", "records", "documents" and "other evidence", as used above, shall be construed to ll1ClliCie drafts and electronic files, even if snch drafts or electronic files are subsequently used to generate ar 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: " c���.an OWNER (SI NATURE) Date: �—`� ,I Z � �Jw.�,�,+�;nin �t,� �Q�ri ��.�QbL� i 9 ! Name: �nn . k��r. �a,wn Co�c-e d1 �,o� C� mm un �;�u��=1 �L C Title: D i� 1� � f t�,o.3ox �► 5 � 17��i�r��iX "�--6xuz MAILING ADDRESS ��v^.3(a�--SZS 7� PHONE NUMBER ��a - 5 66- �� 8 z FAX NUMBER ��� PRINTED NAME CITY OF DENTON �; C = � G� BY: � CITY MANAGER DATE: � �� � �- DEPARTMENTAL APPROVAL APPROVED A,5 TO LEGAL FORM ANITA BURGESS, CITY ATTORNEY �--= BY: • DATE: �t�� � �94� - N�ov�i�g ��rvices Ve�tc�ar �1�r�e: L,�c��QOn.: EXHIBIT "A" $�.�.�`, ��n��n, �� ;� � �.�_����_�� ����������� !`�d.�,�e ������, �� . Annual FLFP p�pp��p��, Amounf d�nnual R�P Ar��ounf tll.�2 t,� i l �'(� o-k ��. AR�PO�,�L A- LIBRARIES CLASS A $7,520.00 Ci�,r;�1� t�� a-p ��"`�',� o� �1�� �a ;Cil�� PRC��a�AL. B- ClTY PARKS CLASS B $124,060.00 �ree�. ��i�r �e �� e�ce P�� o�nS, v�e' ve 1��0!'O�AL C- CITY MEDIANS & RIGHT-OF-WAYS ,mo�e�� e U C� � NORTH CLASS B $28,500.00 �" ��-a{�e.�-�-� l�s-Fec pI�O�O�AI� Q- F1R� STATIOf�S CLASS A& 8 $1 �,980.OQ �� t�� �E-1� ��� �v�ov� �y��--1r-1� L��I�G�-� PROP0�,4L �- CEMETERfES CLASS B $75,000.00 y�- -�r��r'S �o P�QPOS�IL �� ELECTRICAL SU�STATIONS ����°� rn t'�,e wo� 1� c�ass a& g �1�,�30.00 �,ve l I. S;r, c� se l�- f �ROP�SA�. C� - WAT�R RECLA1vjA`f'lON CLASS A .j & C �23,355.�0 ��c�� PROI�OS�� H - CQDE ENFORCEMENT ��A GRAND i0i,4L �293,84a.00 Price Per,��re Per (i��WIP1G CL,��SIFiCATlO�{� Cy�fe" F'ric� Per Ac�e A�e �ycle'� CLASSA _ �30_.00---------- -- ----------------------------------- �------------------------------------------------------------------------- --------- CLASS B ----____ �30;00---------- -- ----------------------------------- ------------------------------------------------------------------------ -- - CLASS C --------��00_00--------- -------------------------------------- CLASS D $150.Q0 ! - - � �� I�-I Signatatre Da�� CITY OF DENTON RFP # 4942 — Annual Contract for Mowing Services ADDENDUM # 2 SOLICITATION CHECKLIST Q Checklist #or RFP #4942 Title: Annual Contract for Mowing Services m_�-i-. � Q�,,, :� �«« ��,��,� Opening Da#e: 5/29/2012 at 2:00 PM w�n���ri-c.�h;r � t1� e C�� rnm� n C^��� rc1 L-l- �- Contractor Name and Address: ci.cZ n Co_�p �j �� ` ��i ���� ct l� c` S fi� Contact: Actsbr, Cc��m!(Jb� 1 � -�7 ��nto n, � X�.�u � TX Taxpayer VIN#: b�Z--- o�1 Z� '�--1 � Phone_ �i�lo=3��}-�z�z. Fax: `3 �-i� -- � 6 b- �� R z Email:�«can-o c� �be�l�� �a��na��.cc�r� 1. Submit one (1) original and two (2) WRITTEN copies of submittal (REQUIRED) � a. Submit Writteh Proposal by courier, hand delivery, or mail�_ b. Exhibit 1-Excel Pricing Sheet, Review, complete, and retum � 2. Email Exhibit 1 in Exce! fo�rnat to ebids(a�cityofdenton.com �_ 3. Submittai Content (Meet S�ctiQn I� • Review all requirements %� • Ensure your firm meets all stated minimum requirements %� - Documenta6on included to support the evaluation criteria. • Company Informatlon � • Relevant Experience and Qualfications �_ • Quality Assurance / Quality Controi .x. • Litigation History Statement �C • Addendum(s) Reviewed and return �1� • Atkachment A, Not Applicable • Attachment B, Review, complete, and retum �, • Attachment C, Review, complete, and retum X • Attachment D. Review, complete, and return X • Attachment E, Review, complete, and retum X • Attachment F, Review, complete, and retum X • Attachment G, Not Applicable , • Attachment H, Review, complete, and return x Exhibit 1 RFP 4942 Pricing Sheet for Contract for Mowing Services The respondent sha// comp/ete the following section, which direct/y corresponds to Section �!! - Scope of Services, and Section Vl, Payment and Performance � PROPOSAL Annual RFP Amount PROPOSAL A- LIBRARIES CLASS A $ 7,520.00 PROPOSAL B- CITY PARKS CLASS B� $ 124,060.00 PROPOSAL C- CITY MEDIANS & RIGHT-OF-WAYS NORTH CLASS B�$ 28,500.00 i'►'1 v c� ; �� c�� �"� �i5 PROPOSAL D- FIRE STATIONS CLASS A& B $� j�,��.��,� -3�d5 17,980.00 !Y��i.�i�c� �[�S PROPOSAL E- CEMETERIES CLASS B $ �,�,��`� 75,000.00 PROPOSAL F- ELECTRICAL SUBSTATIONS CLASS A& B $ 17,430.00 PROPOSAL G- WATER RECLAMATION CLASS A& C $ 23,355.00 PROPOSAL H- CODE ENFORCEMENT No Bid GRAND TOTAL $ . 293,845.00 A i $ 30.00 _ CLASS B ---------------------------------------------------------- � CLASS C � $ CLASS D I $ 30.00 100.00 150.00 �J t� �!'G����� � ° ��������� l �H�J H - IVfOilVlfl� RFP 4942 Pricing Sheet #or Contract for Mowing Services The respondent shall complete the following section, which directiy corresponds to Section 111- Scope of Services, and Section VI, Payment and Perfarmance LIBRARY GROUNDS: For Mowing of Weeds and Grass on City Medians and Lots Within The Corporate Boundaries of The City of Denton, Texas, per all terms, conditions and specifications herein. Library Grounds Schedule: �d� Est # of Mowing Class Acres Cycles Cycle Annual Bid Site (location) North Branch Library, 3020 N. Locust ST. A 't $ 32.00 $ 70.00 $ 2,240.00 South Branch Library, 3228 Teasl�y Lane A 0.98 $ 32.00 $ 7Q.00 $ 2,240.00 B� Est. # of Mowing Planter Bed Maintenance Ctass {Sq. Feet) Cycles Cycle Annual Bid North Branch Library A 21,100 32 $ 95. 0� $ 3, 040. �� Alternate Item for future consideration: Contractor shall submit separate per cycle mowing bids and per cycle planter bed maintenance bids. Per cycle planter bed maintenance costs shall include shrub trimming three times per year (as per specifications) and three applications of turf fertilizer (as per specifications}. � Proposal B - PARKS CLASS B - Mowing RFP 4942 Pricing Sheet for Contract for Mowing Services The respondent shall complete the following section, which directly corresponds to Section II - Scope of Services, and Section V, Payment and Performance PARKS: For Mowing of Weeds and Grass on City Medians and Lots Within The Corporate �oundaries of The City of Denton, Texas, per all terms, conditions and specifications herein. PARKS size Est. $ RFP/ $ A�tnual RFP Acre # of Mowing Cycle Avondale (includes creek banks, both sides to ROW) 2021 Devonshare 18.1 20 $ 435.00 $ 8,700.00 Bowling Green Park, 2200 Bowlin� Green 6.48 20 $ 160.00 $ 3,200.00 Briercliff Park, 3000 State School Road & Unicorn Blvd. s.s2 20 $ 235.00 $ 4,700.00 Carl Young Sr. Park 327 S. Wood St. (Includes creek bank from top of 6.�5 20 $ 200.00 $ 4,000.00 bank to six feet down the slope.) Cooper Glen Open Space 3.4s 20 $ 90.00 $ 1,800.00 Crosstimbers, 1000 Hickory Creek l2oad � Frontage 2s 20 $ 625.00 $ 12,500.00 Denia Park and Denia Rec, 1001 Parvin — Class A Mowing �o.s 32 $ 250.00 $ 8,000.00 (DO NOT MOW BALLFIELDS) Ernest Dallas Memorial Park, 6120 Sun Ray (Class B) 5 20 $ 125.00 $ 2,500.00 Evers Park 3100 N. Locust (south side of Windsor-Boy Scout Area) 4 20 $ 100.00 $ 2,000.00 (Class B) Evers Park Sports Complex Common Areas, 3201 N. Locust — �0.3 32 $ 250.00 $ 8,000.00 (Class A) (DO NOT MOW BALLFIELDS) Fred Moore 500 S. Bradshaw & American Legion 10 20 $ 300.00 $ 6,000.00 Joe Skiles, 1721 Stonegate 5.s 20 $ 135.00 $ 2,700.00 Keep Denton Beautiful, 1117 Riney Rd �.s8 20 $ 60.00 $ 1,200.00 Lake Forest, 3901 Ryan Rd 2�.5 20 $ 515.00 $ 10,300.00 Mack Park (North Section) —(Class A) (DO NOT MOW BALLFIELDS) 9.51 s2 $ 250.00 $ 8,000.00 Mack Park (South Section) / Roberts Park Common Areas — (Class A) (DO NOT MOW BALLFIELDS) McKenna, 600 N Bonnie Brae (includes inside communication fence) Water tower not included Milam Park off Mockingbird Monterey Open Space, Nettie Schultz, 1517 Mistywood North Lakes Park Windsor ROW - NORTH North Lakes Park Windsor ROW - SOUTH North Lakes Disc Golf North Pointe, 1300 Hercules Ln. (Type A Area) * Owsley Park 2425 Stella Sequoia, 1400 E. University Tota9s for Cycles and Annual Bid � 11.7 � 32 �$ 255.00 �$ 8,160.00 18.1 20 $ 435.00 $ 8,700.00 � 20 $ 50.00 $ 1, 000.00 2.sa 2a $ 75.00 $ 1,500.00 s 20 $ 220.00 $ 4,400.00 s.s Zo $ 165.00 $ 3,300.00 4.85 20 $ 125.00 $ 2,500.00 s.s 20 $ 215.00 $ 4,300.00 6.45 Zo $ 155.00 $ 3,100.00 o.s 20 $ 40.00 $ 800.00 s.s Zo $ 135.00 $ 2,700.00 * Owsley Park 2425 Stella = Under construction will change Contractor shall submit separate per cycle mowing bids and per cycle planter bed maintenance bids. $ 5,600.00 � $ 124,060.00 � r�'������ � ° �9r�����,9�� i,�►S� � - iViowing RFP 4942 Pricing Sheet for Contract for Mowing Services The respondent shall complete the following section, which directly corresponds to Section III - Scope of Services, and Section VI, Payment and Performance MEDIANS AND OTHER SITES: For Mowing of Weeds and Grass on City Medians and Lots Within The Corporate Boundaries of The City of Denton, Texas, per all terms, conditions and specifications MEDIAN Size Est. #$ Bid/Mowing $ Annual Bid (Acres) of Cycle cles Audra Lane and Triangle at Paisley 1.05 20 $ 85.00 $ 1,700.00 Bump Ou� at Scripture and Malone o_�s 20 $ 40.00 $ 800.00 Churchill Dr & Churchill Circle Islands o.� 20 $ 20.00 $ 40�.00 Drainage Area from Alice (808 Alice) to Denton �.a� 20 $ 100.00 $ 2,000.00 EIm/US 77& Old Riney o.� 20 $ 30.D0 $ 600.00 Emerson & Woodhaven o.�a 20 $ 20.00 $ 400.00 Hercules Medians West of Stuart o.3s 20 $ 65.00 $ 1,300.00 Highland Park Circle lsland and Westridg� Island o.� 20 $ 40.00 $ 800.00 HWY 77(Elm) & Windsor o.2 20 $ 50.00 $ 1,000.00 Island at Malone @ Tulane o.�2s 20 $ 20.�� $ 400.00 Lot at the Dead End of North Carroil Blvd. 0.42 20 $ 40.00 $ 80�.00 North Texas at Hickory & Ave C at Oak o_2 20 $ 20.00 $ 400.00 Oak from I-35 to Bonnie Brae o.s 20 $ 85.00 $ 1,7�0.00 Oakland St. and Empty Lots o.�$ 2o $ 40.00 $ 800.00 Sherman & Bolivar Sherman & Locust Sherman & Stuart Sherman & Woodlands Trade Square Parking between Hickory & Mulberry University (includes frontage of 380) & Boyd US 77 (I-35 to 21641Locust) TotaJ of 4 maps Windsor from I-35 to Bonnie Brae Windsor & Sherman ITotals for Cvcles and Annual Bid 0.2 o.os 0.1 a.o� a2 U.3 i o.2 a.sa 0_1 � 20 $ 40.00 $ 800.00 20 $ 20.00 $ 4�0.00 20 $ 25. QO $ 500. 00 20 $ 2�.�� � 4�D.�a 20 $ 45.00 $ 90�.00 2a $ 40. �0 $ 800. 00 20 � 3so. oo $ 7, soo. o0 20 $ 165.00 $ 3, 300. 00 20 $ 25.0� $ 500.00 $ 1,425.00 1 $ 28,500.00 Contractor shall submit separate per cycle mowing bids and per cycle planter bed maintenance bids. Per cycle planter bed maintenance costs shall include shrvb trimming three iimes per year (as per specifications} and three applicatic fertilizer (as per specifications}. The respondent shall complete the following section, which directly �orresponds to Section II -Scope afServices, and Section V, Payment and Performance Requirements. The contractor shall not make changes to this format. ������Ae� � � �i�� �°������� CLA55 A & B - Mowin� RFP 4942 Pricing Sheet for Contract for Mowing Services The respondent shall complete the following section, which directly corresponds to Section III - 5cope of Services, and Section Vl, Payment and Performance FIRE STATIONS: For Mowing of Weeds and Grass on Gity Medians and Lots Within The Corporate Boundaries of The City of Denton, Texas, per all terms, cor�ditions and specifications herein. �L Contractor shall submit separate per cycle mowing bids and per cycle planter bed rrrairttEnance bids. Per cycle planter bed rnaintenance costs shall include shrub #rimming three times per year (as per specifications} and three appiications of turf fertilizer (as per specifications)_ c t�r�r't t�'� c� e S-1��`0� Sa� � � c� Class B Mowing RFP 4942 Pricing Sheet for Contract for Mowing Services The respondent shall complete the following section, which directly corresponds to Section lll - Scope of Services, and Section VI, Payment ond Performance CEMETERIES GROUNDS: For Mowing of Weeds and Grass on City Medians and Lots Within The Corporate Boundaries of The City of Denton, Texas, per all terms, conditions and specifications herein. � Size Est. # of Bid / Mowing ' Site (location� Class (Acres) Cycles C cle Annual Bid � IOOF Turf B 25 20 $ 2,235.00 $ 44,700.00 4akwood Turf B 13 20 $ 1,130.00 $ 22,600.00 IOOF Litter Control B 25 20 $ 175.00 $ 3,500.00 Oakwood Litter Control B 13 20 $ 110.00 $ 2,200.00 Est. # of Bid/Mowing Planter Bed Maintenance Class Size (Sq.Ft) Cycles Cycle Annual Bid 100 F Beds B 561 20 $ 25.00 $ 500. 00 Oakwood Beds — Flag poles B 150 20 $ 25.00 $ 500.00 IOOF Color Bed Change B 361 2 $ 500.00 $ 1,000.00 Alternate Items for future consideration: Totals for Cycles and $ 4,200.00 $ 75,000.00 Annual Bid Contractor shall submit separate per cycle mowing bids and per cycle planter bed maintenance bids. Per cycle planter bed maintenance costs shall include shrub trimming three times per year (as per specifications) and three applications of turf fertilizer (as per specifications). .` , �������� � � �������� ���� � ����� Ciass A, �, C i'�i�v,ring RFP 4942 Pricing Sheet for Contract for Mowing Services The respondent shall complete the fo(loyring section, which directly corresponds to Section Ill - Scope of Services, and Section Vl, Payment and Performance ELECTRIC SU6STATIONS: For Mowing of Weeds and Grass on City Medians and Lots Within The Corporate Boundaries of The City of Denton, Texas, per all terms, conditions and specifications herein. Site Location Arco Substation, 1868 Geesling Rd. - 76208 • Bonnie Brae Substation, 1221 N. Bonnie Brae St. - 7G2D1 Denton North Interchanqe, 4105 N. Locust - 76207 Ft. Worth Substation, 4171 Ft. Worth Drive - 76226 Hickory Substation, 101 N. Bonnie Brae - 762Q1 Kings Row Substation, 1988 Kings Row - 76209 Locust Substation, 1304 S. Locust - 76201 Northlakes Substation, 3400 N. Bonnie Brae - 76207 Pockrus Substation, South of f-35 E on Pockrus Rd - 76208 Pole Yard, 1701 Spencer Rd -76205 Teasley Substation, 2428 Hickory Creek - 76210 . � . �I Est Size Est. # of Bid / Mowing Class t'4�� cles Cycle Annual Bid B 2 20 $ 85.00 $ 1700.00 : � � : � � : � � � 0.6 20 $ 60.00 $ 1,2Q0.00 0.3 20 $ 55.00 $ 1,100. 00 1 7 $ 120.00 $ 840.00 o.� 20 � 4�.00 � 900.00 0.4 20 $ 35.00 $ 700.00 'I .25 20 $ 90.00 $ 1, 800.00 0.5 20 $ 55.00 $ 1,100.00 �.8 20 $ 60.00 $ 1,200.00 7 32 $ 200.00 $ 6,400.00 0.5 I 7 I$ 70.00 I$ 490.00 �otals for Cycles and Annual Bid � � • Bonnie rae Substation - Under Construction will change Contractor shall submit separate per cycle mowing bids and per cycle planter bed maintenance bids. $ 875.00 � $ 17 Per cycle planter bed maintenance costs shall include shrub trimming three times per year (as per specificaiions) and three applications of turt fertilizer (as per specifications). �R������. � 6 �°���� R�����,����� CLASSA&C RFP 4942 Pricing Sheet for Contract #or Mowing Services The respondent sha11 complete ihe fo!lowing section, which directly correspvnds to Section !I! - Scope of Services, and Section Vl, Payment and Performance WATER RECLAMATION: For Mowing of Weeds and Grass on City Medians and Lots Within The Corporate Boundaries of The City of Denton, Texas, per all terms, conditions and specifications herein. Site Location Barrow Station - Barrow Dr. Granada Station, 3600 Granada Lakeview Station, 20� Lakeview Blvd. Lift Stations: Cooper Creek @ 230 N Mayhill Rd. Hickory Creek @ Old Alton Road North Entrance Area, S. Mayhill Rd. Robson Ranch Plant, 5494 S. Florence Rd., Justin, TX Water Reclamation Plant, 110U S. Mayhill , Denton, TX Wimbleton, 4000 Winston Dr. Totals for Cycles and Annual Bid Planter Bed Maintenance Water Reclamation Administration Bldg., 1100 S. Mayhill Denton , Tx. TOTAL I Z. Size Est.#ot Bid/Mowing ciass (Acres) cycies Cycles Annual Bid � a_5 7 $ 65.00 $ 455.00 � o. � 2s 7 $ 35.00 $ 245.00 c � 7 $ 180.00 $ 1,260.00 � o_�s 7 $ 85.D0 $� 595.00 � 0.5 7 $ 70.00 $ 490.00 � � 0 7 $ 180.00 $ 1, 260.00 c 5 7 $ 165.00 $ 1,155.00 Approx. A 14 32 $ 545.00 $ 17,440.00 c o.125 7 $ 65.00 $ 455.00 $ 1,390.00 $ 23,355.00 Size ��oF Bid/Mowing Class (Acres) cyc�es Cycles Annual Bid � 650 32 $0.00 $0.00 $ 1, 390.00 $ 23, 355.00 Contractor shall submit separate per cycle mowing bids and per cycle planter bed maintenance bids. Per cycle planter bed maintenance costs shall include shrub trimming three times per year (as per specifications} and three applications of turf fertilizer (as per specifications}. • o � PROPOSAL H - CODE ENFORCEMENT RFP 4942 Pricing Sheet for Contract for Mowing Services The respondent shal! complete the following section, which directly corresponds to Section Ill - Scope of Services, and Section Vl, Payment and Performance `� Mowing of Parcels with UnPestricted Access (i.e. openings to parcel larger than three (3) feet, vacant lots) CATEGORY DESCRIPTION Bid Amount Bid Amount (Area to be mowed is up to (Majority of area to be 3' height) mowed is over 3' height) �_A Parcels of land up to 10,00� square fee � /per lot $ /per lot II-A Parcels of land up to 10,001 square $ /per lot $ /per lot feet to 1 acre ���-A Parcels of land more than 1 acre � Iper acre $ /per lot Mowing of Parcels with Restricted Access (equipment must fit through three (3) foot opening) CATEGORY DESCRlPTIO�1 Bid Amount Bid Amount (Area to tse mowed is up to (Majority of area to be 3' height) mowed is over 3' height) �_B Parcels of land up to 10,000 square fee � /per lot $ Iper lot �� B Parcels of land up to 10,001 square $ /per tot $ /per lot feet to 1 acre III-B Parcels of land more than 1 acre � /per acre $ /per lot Trash and Debris Removal CATEGORY DESCRIPTION Bid Amount Trash and debris removal based on cubic yard calculated bythe City � /cu. yd. IV of Denton Solid Waste formula. Hourly rate for labor and trimmer on specialty rate per Contract � Terms and Conditions #4 Contact Linda Barrett (940) 349-7819 for more information f� CITY OF DENTON RFP ANNUAL CONTRACT FOR MOWING SERVICES ATTACHMENT B BUSINESS OVERVIEW QUESTIONNAIRE AND FORMS ���.cv •n Cct�� b e � l 1. Contractor Na.me: � , �- � ��� �.� C�� � � �a mGt� � �� l'n ir5 -t-h e Co•,�n � 0 Yl C�o c� c,�n� LL C 2. Address (Principal Place of Business): 1 �i o� A �-a�ec.� st. , D�� n-�-c��� , �X �� �-�= �-� 3. Does your company have an established physical presence in the State of Texas, or the City of Denton? 4�e S 4. Tax Payer ID#: rYl .�- i.�wwY, Cc�se � U-Z-o �3121�-1 C��-,��oti, C���V�n�� a •�,�-1ZQ�-3�� 5. Email Address of Primary contact: C�as-o�� J�ec c���P �� e�� c� �,n��� `. c �� 6. Web ite Address: � �� 7. Telephone: ��l0-3��--�ZS Z 8. F�: �r�ors��.e�3��z. 9. Other Locations: ��� 10. Organi.zation Class: Partnership Individual - orporatio - i� � c_ Association 11. Date Esta lished: �� p��t�� 12. Former Business Name: N ( �l 13. Date of Dissolution: N��-i 14. Subsidiary of: � I� 15. Historically Underutilized Business: Yes or T�o 16. Principals and Officers: (�� � ti� Lc'�-n1� h�e` (-1�t � 5 i c� zn�" �c.zcer� CLtin��11- li���� �c �� �r��� I���b��' Please detail responsibilities with the name of each principal,or offi�er: �Civti1- �OG�nt�ee(��r�j�c�s#�rntrv-zlc.�t���S,Coo;c��v�c.�te Cce.wS SCi1�G��`eS��1�1V't��c����:1�� 17. Key Personnel and Responsibilities: � `'t� � �` � � `^� �`= �'Y' � r �� ��t` � i�S ���u1�i'f� ��SSC � Please detail responsibilities with the name of each key personnel?� �°'°,`��`'"� C`-`� �� � c;� c���5 18. Number of Personnel by Discipline: �> �S�°-��e'�n m� �` �`` �� � ._ {�p�::w:v�c� � C_�v� c��r�«.�e �(� ��u(�tE c�ct�\ y �ce ��S � s�he���les �� v��' �� c�' PAGE 65 OF RFP #4942 �, - M cLv�«G�s S ,_.. r�,- ! __\ I `� CITY OF DENTON RFP ANNUAL CONTRACT FOR MOWING SERVICES Discipline Number of Staff # Registered 19. Services Provided by Contractor: a. Please provide a detailed listing of all services that your company provides. b. Please detail your prior experie�ce working on similar projects with Texas governmental entities. c. Please detail your similar services provided over the past two (2) years. d. Detail docutnented proof of at least tl�ree (3) projects in the past two (2) years. e. Please detail these services, including, the nature of the services provided, the scope of the activities, the organizations for which the services were provided, the dates of the projects, and the documented benefit to the governmental entity. S�.� b L\ � �v 20. Has your company filed or beeu named in any litigation involving your company and the Owner on a contract within the last five years under your current company name or any other company name? If so provide details of the issues and resolution if available. Include lawsuits where Owner was involved. �, v 21. Please provide at least (3) three references (preferably municipalities) and contract amounts. Include project description, contact n m� osition, and organization name and telephone number for each reference list See attachment . 22. Have you ever defaulted on or failed to complete a contract under your current company name or any other company name? If so, where and why? Give narne and telephone number of Ovcmer. � � 23. Have you ever had a contract ternunated by the Owner? If so, where and why? Give name and telephone number (s) of Owner (s). ,� t � � c� 24. Has your company implemented an Employee Health and Safety Program compliant with 29 CFR 1910 "General Industry Standards" and/or 29 CFR 1926 "General Construction Standards" as they apply to your Cornpany's customary activities? http://Www.osha.�ov/pls/oshaweb/owasrch.search form?p doc type=STANDARDS&p toc level=l &p ke�alue=1926 _ � ( p� ���<����rti �q : }, . ��.� -Fe�-}�1��;n � •� �'la..n���l,ec,l �rnc�`v�tenc�n�e� C�. 9`noV�iY��j �Mt"� j:u�c��ja ���� C�-@c��c � he��n`c�ae �'= c � �c'ec �c� vr'c'�` �nc� �v,.c F:�S�c�l\��"�u'�1'� Yv��Y� ��F U�t��-o�, ��; 10'����SS- �c'���5 � � G.,.�.c- l�.htS ;�Y1 a�vU ec�, C i�y � � . mo�,�,z�a ��� c:�y ��� �����r��- � � �� P ,^(lec��arS, S��.bS�c�-���r�s, �u:.',\��:es;UJct�et Z��. � w�L�e� O��.p-1-. C S � � b . a. be .t � . � N 'L� � �� �c�.`�2-S C� + P c'_.rto �� �b�� 10 � �-c : : yc,�t:� �� '�r� t�iQR re�� � � C� ��o�n C • �- �F b�v�� � � �-ctiQ ��-2- �+-� � '�r�te� � C �', ��,nt.zr- s � � _� �� ct � c: t.� c�r� �,c� ; � 1� ����� ����zc ���� �S mc � �,ou���, �'o °r'o �F , �z t c. ��,-.ovUe�� c,,e�e er�cc�m���(W �� �. �D•�v,tt,��- �-�C;�i- jcesev�t;.k���,i�u�^�e �ca•.v�vm� iv� 2o\Z�, � \�`S ao�� ��y�3L b�:..�C'.5- 'i1e.� y�° � c���e� � {�o� �b�ilK Omk ZoC;`� � �r�cic��-E-� h��,.a� PAGE 66 OF RFP #4942 i� CITY OF DENTON RFP ANNUAL CONTRACT FOR MOWING SERVICES ATTACHIV�NT C SAFETY RECORD QUESTIONNAIItE The City of Denton desires to avail itself of the benefits of Section 252.0435 of the Local Government Code, and consider the safety records of potential contractors prior to awarding bids on City contracts. Pursuant to Section 252.0435 of the Loca1 Government Code, the City of Denton has adopted the following written definition and criteria for accurately determining the safety record of a bidder prior to awarding bids on Ciiy contracts. The definition and criteria for detern�ni�g the safety record of a bidder for this consideration sha11 be: The City of Denton shall consider the safety record of the bidders in determiniug the responsibility thereof. The City may consider any incidence uavolving worker safety or safety of the citizens of the City of Denton, be it related or caused by environmental, mechanical, operational, supervisimn or any other cause or factor. Specifi�al�y, the City ffiay consider, among other things: a. Complaints to, or final orders entered by, the Occupational Safety and Health Review Commission (OSHRC), against the bidder for violations of ' OSHA regulations within the past three (3) years. b. Citations (as defined below) from an Environmental Protection Agency (as defined below) for violations within the past five (5) years. Environmental Protection Agencies include, but are not necessarily lirnited to, the U.S. Army Corps of Engineers ([JSACOE), the U.S. Fish and Wildlife Service (USFWS), the Environmental Protection Agency (EPA), the Texas Commission on Environmental Quality (TCEQ), the Texas Natural Resource Conservation Commission (TNRCC) (predecessor to the TCEQ), the Texas Depa.rtment of Health (TDH), the Texas Parks and Wildlife Department (TPWD), the Structural Pest Control Board (SPCB), agencies of local governments responsible for enforcing environmental protection or worker safety related laws or regulations, and similar regulatory agencies of other states of the United States. Cita.tions include notices of violation, notices of enforcement, suspension/revocations of state or federal licenses or registrations, fines assessed, pending criminal complaints, indictments, or convictions, admuusirative orders, draft orders, final orders, and judicial final judgments. a Convictions of a criminal offense within the past ten (10) years, which resulted in bodily harm or death. d. Any other safety related matter deemed by the City Council to be material in deternaining the responsibility of the bidder and his or her ability to perform the services or goods required by the bid documents in a safe environment, both for the workers and other employees of bidder and the citizens of the City of Denton. PAGE 67 OF RFP #4942 1� CITY OF DENTON RFP ANNUAL CONTRACT FOR MOWING SERVICES In order to obtain proper information from bidders so tha.t City of Denton may consider the safety records of potential contractors prior to awarding bids on City contracts, City of Denton requires that bidders answer the following three (3) questions and submit them with their bids: QUESTION ONE 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 OSHA within the past three (3) years? YES NO If the bidder has indicated YES for question 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 acfing for sucb firm, corporation, partnersWp or institution, received citations for violations of environmental protection laws or regulations, of any ldnd or type, within the past Sve years? Citatioas include notice of violation, notice of enforcement, suspension/revocations of state or federal licenses, or registrations, fines assessed, pending criminal complaints, indictffients, or convicNons, administrative urders, draft orders, final orders, and judicial final 'udgments. YES NO If the bidder has indicated YES for question number two 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 or occurrence, location where offense occurred, type of offense, final disposition of offense, if any, and penalty assessed. pUESTION T�iREE 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, of a criminal offense which resulted in rious bodily injury or death? YES NO If the 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 offense, final disposition of offense, if any, and penalty assessed. PAGE 68 OF RFP #4942 � � CITY OF DENTON RFP ANNUAL CONTRACT FOR MOWING SERVICES ATTACHMENT D REFERENCES Please list three (3) Government references, other than the City of Denton, who can verify the quality of service your company provides. The City prefers customers of similar size and scope of work to this proposal. REFERENCE ONE GOVERNMENT/COMPANY NA.ME: rl � CO �, LOCATION: �I3O ( fJ . � � v✓1 �-j- �e (1�Q� , 1 iC ��, ;�U � CONTACT PERSON AND TITLE: �GL � 15e C S. � � Cc � G' `�• TELEPHONE N[TMBER: ��"I 0- Z-�I 3�- SCOPE OF WORK: `�0. u: i� V�c�t1 Y�� Ir1 C,'�j'1CP ��-�' � vCGtQ '�t�C � I t�`� CONTRACT PERIOD: �� vU �_ �5�� S � 1'� �" � � ��. C' � � S� REFERENCE TWO GOVERNMENT/COMPANY NAME: C �� C�T LOCATTON: s(�'�1r1 C'P i(z e�n e�a�,,�n �` CONTA CT P E R S O N A N D T I T L E: `1 ; VYl ��� C� TELEPHONE NUMBER: �1 �"Z- - `� 1—�`(� O O i � - ,.._ 7 � G.YI � d1 , l' �. SCOPE OF WORK: .M �U S f�`� �L�IOY� �(�' � S �� I E C��U Z-v C� � �E' S) CONTRACT PERIOD: � r� C7U �-I -� DO �i REFERENCE THItEE � W91C;5�t I��`�:�nt}� 1�(1SIhPSS tt�C� \ C�:-b�riz�ad t�<<s�r�c�ss P�r,� GOVERNMENT/COMPANYNAME: � Cl SG ,�CLI'1�,h ���'Gi � �vicl A��ti;, i'3v,s�ncss `- f,� J LOCATION: �v��-�i i/l�c:tseh t��c�nelr, fZc� '�.(��O O�c� J� I t"o�1 �C,� ����o Ce�r h�n �c�, CONTACT PERSON AND TITLE: �� i C_ �� I �c� s� i v-�-� — D L��� Yl�'� TELEPHONE NUMBER: `.Z � y" � �� �% - � ��-- SCOPE OF WORK: � �Lw f� v�� c� � n�nc� nc:e � N'1 �l ��'1(-> > E- C' o`e'� �(� i�e S CONTRACT PERIOD: � v C�C7 ���f'e S� Y�� ( �L Q(� �v�>c• ('� ct C� i'E' S 1 PAGE 69 OF RFP #4942 j �1 ATTACHMENT E CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ Far vendor or other erson doin business with local overnmental enti �'his questionnaire reflects changes made to the law by H.B. 1491, 80th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed 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 quesrionnaire 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 lmowingly violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor. 1 Name of peison who has a business relationship with local governmeutal enNty. I-�ctco� Cctcn � � � ( c�.�a {Yl �� k _ I- ��Z.w �n �ct t� e Z ❑ Check this boa 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'� business day after the date the originally filed quesrionnaire becomes incomplete or inaccurate.) 3 Name of local govemment officer with whom filer has an employment or business relationship. N I� Name of Officer This section, (item 3 including subpa�ts 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 Govemment Code. Attach additional pages to this Form CIQ as necessary. A. Is the local government o�cer 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 N�`� I 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 loca govemmental entity? 0 Yes 0 No � � C. Is the filer of this questionnaire employed by a corporation or other business entity ith respect to which the local govemment officer serves as an officer or director, or holds an ownership of 10 percent or more? � Yes � No D. Describe each affiliation or business r iationship. � �` � + t � 4 � � "z `i. _ � Z' Signature of perso doing business with the governmental entity Date PAGE 70 OF RFP #4942 2� ATTACHMENT F DISADVANTAGED BUSINE5S UTILIZATION The City of Denton will ensure that purchases of equipment, materials, supplies, and /or services comply with Texas Local Government Code 252.0215, in regards to competitive requirements in relation to Disadvantaged Business Enterprises (DBE). The Ciiy will ensure that all procurement opportunities are cost effective, and contributable to the competitiveness of the City, and its customers. All Procurement activities will be conducted in an open and fair manner with equal opportunity provided for a11 qualified parties. The City of Denton will provide equal contracting opporiu.nities as provided by Sta.te and Federal law to sma11 business enterprises, Historically Underutilized Businesses, and Disadvantaged Business Enterprises. The City of Denton encourages a11 awarded Contractors to seek qualification as a DBE and/or utilize DBE's as sub- contractors, where feasible, to meet the overall intent of the legislation. Disadvantaged Business Enternrises (DBE): are encouraged to participate in the City of Denton's procurement process. The Purchasing Department will provide additional clarification of specifications, assistance with Proposal Forms, and further explanation of procurement procedures to those DBEs who request it. Representatives from DBE companies should identify themselves as such and submit a copy of the Certification. The City recognizes the certifications of the State of Texas Building and Procurement Commission HCTB Program. All companies seeking information concerning DBE certification aze u.rged to contact. State of Texas HIJB Program — TPASS Division PO Box 13047, Austin, TX 78711-3047 (512) 463-5872 or (888) 863-5881 or http://www.window.state.�.us/procurement/prog/hub/ Instructions: If your compa.ny is already certified, attach a copy of your cartification to this form and return with the submission. If your company is not already certified, and could be considered as meeting certification requirements, please use the web link to obtain such. If you are submitting a response and plan to utilize DBE's, then use the form below to identify the business and include the business HUB certification. COMPANY NAME: REPRESENTATIVE: ADDRESS: CITY, STATE, ZIl': TELEPHONE NO. Indicate all that apply: •I�_I.r'��� Minority-Owned Business Enterprise _Women-Owned Business Enterprise Disadvantaged Business Enterprise PAGE 71 �F RFP #4942 �� ATTAC�IlV�NT H ACKNOWLEDGEMENT THE STATE OF TEXAS COUNTY OF DENTON The undersigned agrees this RFP 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 proposal. The undersigned agees, if this proposal is accepted, to fumish any and all items/services upon which prices are offered, at the price(s} and upon the terms and conditions contained in the Specificarions. The period for acceptance of this Proposal will be ninety (90) calendar days unless a different period is noted. The undersigned affirms that they are duly authorized to execute this contract, that this RFP has not been prepared in collusion with any other Bidder, nor any employee of the City of Denton, and that the contents of ttus RFP have not been communicated to any other proposer or to any employee of the City of Denton prior to the official opening of this bid. Respondent hereby assigns to the City any and all claims for overcharges associated with this contract which arise under the anritrust laws of the United States, 15 USCA Section 1 et sea., 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 RFP package. The undersigned agrees that the RFP posted on the website are the official specifications and shall not alter the electronic copy of the specifications and/or pricing sheet (Exhibit i), without clearly identifying changes. The undersigned understands they will be responsible for monitoring the City of Denton Purchasing Website at: http://www.cityofdenton.com/index.as.px?pa�e=397 to ensure they have downloaded and signed all addendum(s) required for submission with their proposal. Should a conflict arise between the PO, supplier terms, or contract; the terms and conditions set forth in this RFP shall prevail. I certify that I have made no willful misrepresentations in this Proposal Submission, nor have I withheld informarion in my statements and answers to questions. I am aware that the information given by me in this proposal will be investigated, with my full permission, and that any misrepresentations or omissions may cause my proposal to be rejected. NAME AND ADDRESS OF COMPANY: AUTHORIZE�1 REPRESENTATIVE: � n C c-e �� �1� . �: . i _ Lc�,� � u. Signature t'tc � � c�(�a /l�e<i1'1tLxiY�1h�'f'�l� Ci-,;,nit'`u�1 �eLi�:�v,�� LL� Date S�Zy-�Z ��G��" ��c;�(�c:� ��(-. l� C' `n td rl , �%� �%, �� Te1.No. ��i�-����--�Z`�� Email. _c� ctro�� ��� �cttn�� C I 1�� c�., �c1�� �, cc ►'Y� PAGE 74 OF RFP #4942 Name � C�.R�•� Cc�`M CJ h Q�� Title C� l:�v "(1 e.C- ��t � 5 � G� � Cl f Fax No. � L�� °� S��°- � 3��- `Z Z M.E.T. Lawn Care dba Maintaining the Common Ground LLC Equipment List 10 Red Max GZ25N Trimmers 3 Stihl FS90 Trimmer 6 Red Max G24LS Stick Edgers 2 Stihl FC90 Stick Edger 6 Red Max EBZ7001 Backpack Blowers 1 Red Max EBZ 8500 Backpack Blower 1 Stihl BR400 Backpack Blower 4 Stihl BR380 Backpack Blowers 2 Stihl BG85 Handheld Blowers 1 2010 72" Grasshopper Z-Turn Mower 1 2011 72" Grasshopper Z-Turn Mower 4 2008 61" Grasshopper Z-Turn Mowers 1 2009 61" Grasshopper Z-Tum Mower 1 2007 52" Grasshopper Z-Turn Mower 1 2005 36" Hustier Z-Turn Mower 2 2010 34" Gravely Z-Turns 2 2010 34" Gravely Walk-Behind Mowers 2 2010 21" Toro Commercial Mowers 1 2009 21" Toro Commercial Mowers 1 2004 21" Snapper Mower 1 1955 Ford 800 Tractor w/ 6' Brush Hog 4 16' Landscape Trailers (2002, 2002, 2005 and 2007) 1 14' Landscape Trailer (2�08) 1 12' Landscape Trailer (2006) 2 Ford F250's (1999 and 2008) 3 Ford F150's (2001, 2006, 2010) 1 Toyota Tundra {2008) 1 Dodge Ram 1500 (2011) �3 ' � Purchasing Department 901-B Texas St. Denton, TX 76209 (940) 349-7100 www.dentonpurchasing.com ADDENDUM #1 RFP # 4942 ANNUAL CONTRACT FOR MOWING SERVICES PR�P�SALS DUE: MAY 29, 2Q12 2:00 P.M. Proposal submitted by: �-�, . �. _ � . � �. w �,� ����� -� � �� m ��; �-�C"��'(� l �'1 C- d� Company Name ���- C��m��n C �� �,�.�c,� � �- C �� CITY OF DENTON RFP # 4942 — Annual Contract for Mowing Services ADDENDUM #1 Pre-Submittal Questions, Held on Thursday, May 17, 2012 @10:00 am, Purchasing Office 1. Are there hard copies available of this document? No, the entire file is avaalable online 2. Is bonding required for this project and what are the insurance requirements? Bonding is not requared, for the insurance requirements, see pages 59 — 61 3. What companies currently have your contract? We currently have three different companies, VMC, M.E.T and Fire House 22 4. What is your current year budget for this project? Roughly $250 -$260K for this one year, with 4 additional year renewal option 5. Approximately how many burials does 100F Cemetery have per year? Approximately 50 to 70 per year 6. During all these funerals, does this slow down the current mowi.ng process? Obviously during these services, no mowing directly next to open graves. Bacl�"illing of the graves are marked with a pink flag. Usnally there is a 2 week span with a cycle of mowing perforffied. 7. Is litter control a separate issue? Yes, t�is is a separate issue 8, Fire Station 7 is a big 40 hour project to maintain and mow along with all the other stations. There is currently renovation going on. Does this include all the square footage to mow and does this include replacing the turf. An Adrlendum will be issued for the cost of the turf 9. At the Hickory Street Substation there are approximately 35 trees being added and also �rees being added on Unicorn Lake are these additions being added on the labor cost? This is reason we are using the RFP process rather than a bid. An RFP is more flexible to change 10. Is the mowing cycle set at 52 cycles and does this include weed eating? This is normally our standard, but this is really on as needed basis Z 5 CITY OF DENTON RFP # 4942 — Annual Contract for Mowing Services ADDENDUM #1 1 l. At the Bonnie Brae Substation site it reads 0.2 acres, are we able to correct or change the price per foot? Yes 12. Are we allowed to use chemicals for spraying on the various sites? � Round up oa- over the cheffiicals are acceptable, but for all other pesticides when a license is required, no. 13. Do we have to bid every section? No, just reply N/A 14. As company representatives, do you have any suggestions for future bids? The comment was made that they were very pleased with the web based maps and the online access to the project. Most cities do not list the acreage or provide such detailed information. 15. With VMC and the interlocal agreement, does this include Highland Park, Westridge Circle and Kendolph Street? If these sites are included in the RFP, bid on them. 16. The area between Loop 288 and Colorado Blvd behind Spencer Road is not included? An addendum will be issued to include them. 17. Mowing at the Spencer Substa.tion would include the pond and Spencer RQW from the substation down to the culvert? YES General comments were made to email Jody with any additional questions or comments. It was also mentioned that Code Enforcement would like a photo to be provided before and after mowing. The deadline for questions was Friday, May 18, 2012 at 2:00 p�. (z �1 CITY OF DENTON RFP # 4942 - Annual Contract for Mowing Services ADDENDUM #1 Addendum #'I to be returned with Proposal See the enclosed questions and answers. NO OTHER CHANGES AT THIS TIME. This form shall be signed and returned with your bid Name: Srgnature: Company: Title: Date: � �a.�•�, r� m �� b� I . ,� L�,��1 ��� C���'�m���nf���v�i�►�j fitieC��m�� �����t�cf �-�� d L.v ��1 � f `�-�`/- l � �SiC� e Y�`� 2�°" ,' , Purchasing Department 901-B Texas St. Denton, TX 76209 (940) 349-7100 www.dentonpurchasing.corv� ADDENDUM # 2 RFP # 4942 ANNUAL CONTRAC�f F4R MOWING SERVICES PR�POSALS DUE: IlOIAY 29, 2012 2:00 P.M. Proposal submitted by: �.�. T L�� s� Cc�c e C� �bo� mc�ir{��,nin�l �lne C c�i`n �� n Corr� an Name ��`�"`'`4�C� �'�� p Y CITY OF DENTON � RFP # 4942 — Annual Contract for Mowing Services ADDENDUM # 2 SOLICITATION CHECKLIST Checklist for RFP #4942 Title: Annual Contract for Mowing Services Opening Date: 5/29/2012 at 2:00 PM Contractor Name and Address: Contact: TX Taxpayer VIN#: Phone: Fax: Email: 1. Submit one (1) original and two (2) WRITTEN copies of submittal (REQUIRED) a. Submit Written Proposal by courier, hand delivery, or mail b_ Exhibit 1-Excel Pricing Sheet, Review, complete, and return 2. Email Exhibit 1 in Excel format to ebids(o�citvofdenton.com 3. Submiital Content (Meet Section I� • Review all requirements • Ensure your firm meets all stated minimum requirements • Documentation included to support the evaluation criteria. • Company Information • Relevant Experience and Qualifications _ • Quality Assurance / Quality Control • Litigation History Statement • Addendum(s) Reviewed and return • Attachment A, Not Appficable • Attachment B, Review, complete, and return • Attachment C, Review, complete, and return • Attachment D. Review, complete, and return • Attachment E, Review, complete, and return • Attachment F, Review, complete, and return • Attachment G, Not Applicable • Attachment H, Review, complete, and return z�r CITY OF DENTON RFP # 4942 — Annual Contract for Mowing Services I,17 7�11�P►iE;`�% See the enclosed revision to page 3. NO OTHER CHANGES AT THIS TIME. This form shall be signed and returned with your birL Name: Signature: � "C._ 1 I Company: J'(�.. C- I- lc�wr C����'e ��� mC�ir��a�th�n�� �e Cp���,r.�rn�ri �ac�v.�nc� �LC Title: �J l,'v Y? �� I lJ(�� S( C� '� r1� Daie: �- z �� - i Z- Addendum #2 to be returned with Proposal , , Purchasing Department 901-B Texas St. Denton, TX 76209 (940) 349-7100 www.dentonpurchasing.com ADDENDUM # 3 RFP # 4942 AN N UAL CONTRACT FOR MOWI NG SERVICES Revised Proposals DUE: June 5, 2012 2:00 P.M. Proposal submitted by: ���1( �� .�. , I. L-�:.t,� `,r� Ce`�e. � ba I`(l ���� n��:� n i r�c� Company Name C�����G�+ �-h� C c��nc� �� � CITY OF DENTON — ADDENDUM # 3 RFP # 4942 — Annual Contract for Mowing Services • The opening date for RFP 4942 has been extended until June 5, 2012. • Pages 20-22 of the original RFP document for the Code Enforcement Proposal H section have been revised; please see the enclosed page changes. • Revised Pricing Sheets for Proposals A-H are attached; These pricing sheets must be submitted with your proposal per the RFP requirements. NO OTHER CHANGES AT THIS TIME. This form shall be signed and returned with your bir� Name: � �� rt� ,1 �-CLV1�\t� b-�'- � 1 Signature: Company: �'h..�.T.. Lc.-,w�� C�.('e ���a`'V}ic:in�-�.in�r,� '�h� Zu:,r.m�n ��:�:.��t�i LZ-� Title: Q i,-v 7� e r � C7(' �.� (�:,( � tt"� Date: � - � t� � Z CITY OF DENTON — ADDENDUM # 3 RFP # 4942 — Annual Contract for Mowing Services PROPOSAL H CODE ENFORCEMENT: CONTRACT TERMS & CONDITIONS: The successful bidder shall perform on the following basis: 1. Parcel size shall be based on not more than 10,000 square feet of area. 2. All parcels authorized by the City to be mowed by the contractor shall be cut to a uniform height not to exceed two (2) inches. More than on mowing or cutting may be required (under a single work order). 3. Properties of five (5) acres or more will be mowed 100 feet from all structures, property lines, curbs, and street edge. If the property is less than five (5) acres, the entire parcel will be mowed. Parcels or acreage must be cut to the pavement, or the thoroughfare or street, or to the curb lines or the edge of the street. 4. Parcels will be mowed to a11 existing buildings, trees, shrubs, light poles, mailboxes, landscaping beds, sidewalks, curbs, streets, fences, etc. Grass and weeds not trimmed by a mower will be trimmed with a weed eater. This weed eating will be included in the base bid amount. 5. When mowing of a parcel by normal means (such as a lawnmower or a tractor) is not possible, parcels will be trirnmed by means of a weed eater or other device designed to trim grass/weeds in such terrain. This weed eating will be done on an hourly basis rate. The contractor shall remove all obvious accumulations of trash, debris, or litter. Trash, debris and litter will be picked up and transported to the City of Denton Landfill. Landfill staff will determine the cubic yard quantity of the load and issue a ticket. A copy of the landfill ticket must be provided with the original invoice and submitted to Code Enforcement to calculate labor costs. 7. Upon completion of mowing/trunming of all parcels, the contractor will be responsible for removal of all grass and weed clippings from developed parcels up to 10,000 sf., and hauling the yard waste to the City of Denton Landiill. Contractor will return all grass and weed clippings to lots larger than 10,000 sf by means of a broom and/or a blower. 8. The contractor wi11 ensure that paved areas, streets, sidewalks and drainage areas adjacent to job sites are free of glass clippings after completion of mowing. 9. T'he contractor will photograph the tall grass and weeds (and any trash and debris) at the site prior to mowing. The contractor will take a photograph of the mowed site upon completion of the work. The Contractor will maintain all "before" and "after" site photos at their business office. Photos must be available to Code Enforcement upon request. PAGE 20 OF RFP #4942 CITY OF DENTON — ADDENDUM # 3 RFP # 4942 — Annual Contract for Mowing Services PROPOSAL H CODE ENFORCEMENT (Continued): CONTRACT TERMS & CONDITIONS: 10. Any equipment or items found on the property shall not be removed from the premises. Some examples would be machinery, vehicles, masonry, building materials in a sizable quantity, storage buildings, fencing materials in a sizable quantity, and anything of value. 11. All mowing shall be completed within three (3) business davs of notification of a work order excluding holidays. Work order(s) will be emailed or faxed to the contractor. Inclement weather and any major breakdowns in equipment will be the only reason for an extension for job completion. An extension of no more than three (3) business days may be granted by the Code Enforcement Office. If the work has not been completed within the allotted three (3) business day timeframe (unless an extension has been granted), the Code Enforcement Office may hire another contractor to perform and complete the requirements of the work order. The contractor will be responsible for any additional costs to hire the back-up contractor. 12. Contractor's equipment shall be in good repair, and qualified operators shall be responsible for the care and handling of the equipment. Sufficient equipment will be available to carry out requirements of the contract. Example: brush hog, weed eater, push mower. Contractor must provide list of ec�uipment with bid. 13. The bidder shall pay all wages, taaLes, worker's compensation, and all equipment operators. 14. See Insurance Requirements far Contracts, attached. Contractor agrees to carry at least the minimum insurance specified and furnish certificate(s) of insurance upon request. 15. This contract shall exclude the City of Denton from any liability, personal or property damage as a result of any operation by the contractor; or any liability, personal or property damage arising under the terms of the contract. 16. The contractor must have adequate staff to perform the work required. 17. The invoice containing original signature for the wark performed must be submitted by mail, email, fax, or in person within three (3) business days following completion of the requirements of the work order. 18. All work perFormed must be satisfactory and in accordance with the requirements of existing City ordinances. Upon completion of the work order, a Code Enforcement Officer will conduct a re-inspection. The contractor will not be paid until the parcel or acreage has been mowed or cleaned in accordance with the specifications of this contract. PAGE 4 OF RFP #4942 CITY OF DENTON — ADDENDUM # 3 RFP # 4942 — Annual Contract for Mowing Services PRUPOSAL H CODE ENFORCEMENT (Continued): CONTRACT TERMS & CONDITIONS: 19. The contract is only authorized to complete the work assigned by the City. No paymen� will be made for work not authorized by the City. The City agrees to pay the invoice within thirty (30) days of receiving a completed invoice. 20. It is the responsibility of the contractor to ensure that he mows the correct properties. 21. The City will not be responsible for cost of repairs or breakdowns of contractor's equipment. 22. This bid, when properly accepted by the City of Denton, shall constitute a contract equally binding between the successful bidder and the City of Denton. "Contractor must mainiain a current email address" PAGE 5 OF RFP #4942 . . .■ . . CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Bitl�ler's attention is tlirected to tlie insaa�ance reqacirements below. It is Iziglzly recommen�led tlzc�t bidders confer witla tlaeir respective insaarance carriers or b��okers to �leteY�zine in aclvance of Bid submission the av�iilability of iizsccrr�nce certificcctes t�rzd en�lorsements as prescrrbe�l and provirletl herein. If ccn ccpperrent low bi�lder fails to co�aply stl ictly tivitli tlie insaarctnce rec�icirements, tlaat bidder may be disc�ualified from award of tlae co�ztract. Upon bi�l mvarrl, t�ll iizsacra�zce rec�uirements shall become contractual oblia�ttio�2s� whiclz tlae scaccessficl biclrler slzall Izave a �luty to mai�zinin tlarouglaout tlie coaarse of t/iis contract. STANDARD PROVISIONS: Without limiting c�ny of the other obligations or liabilities of the Contrczctor, the Contrccctol° shcill pr^ovide ancl maintain until the cont�ccctecl work hc�s been completed c�ncl crcceptecl by the City of Denton, Owner, the minimurrc insu�c�nce coverage czs indiccrted hereincfter. As soon as practicccble after notification of bid award, Contractor shall file tivith the Pu�^chasing Deperrtment satisfactory certificates of insurance, containing the bid numbeT° and title of the project. Contrcrctor may, upon written request to the Pic�chasing Depc�rtrnent, ask for clurification of any inszcrance requirements at any time; hotivever, Contractors c�re strongly advised to make sztch � equests pNior to bid opening, since the insurctnce requirements mc�y not be modified o� waived after bid opening unless a written exception has been submitted tivith the bicl. Contractor shctll not commence any work or deliver any material cc�ztil Ize or slze receives notification tliat tlae contrcict lias been acceptetl, approved, antl signerl by the City of Denton. All insacrance policies proposetl or obtained in satisfaction of these rec�uirenzents shall conzply with the following generc�l specifications, and shc�ll be maintazned in complicrnce 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- VII or better. • Any deductibles or self-insured retentions shall be declared in the bid proposal. If requested by the City, the insurer shall reduce or eliminate such deductibles or self- insured retentions with respect to the City, its off'icials, agents, employees and volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and related investigations, claim adrninistration 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 iinder the policy and that this insurance applies separately to each insured against whom claim is made or EXHIBIT B suit is brought. The inclusion of more than one insured shall not operate to increase the insurer's limit of liability. • Cccncellation: Tlie City rec�uires 30 day written notice slioccld any of tlae policies described on the certificate be ca�zcellerl or n�aterially chalzgecl before tlze expiratior� date. • Should any of the required insurance be provided under a claims made fonn, Contractor shall maintain such coverage continuously throughoirt the term of this contract and, without lapse, fo.r 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 Otivners a.nd Contractors Protective Liability Insurance. • Should any required insurance lapse during the contract term, requests for payments originating after such lapse shall not be processed tuitil 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 insurc�nce policies proposed or obtained in satisfc�ction of this Contract shall additionally comply tivith the following marked specifications, and shcrll be maintained in complic�nce with these cadditional specifications throughout the du�^crtion of the Contrcrct, or longer, if so notecl: [X] A. General Liability Insurance: General Liability insurance with combined single limits of not less than $500,000.00 shall be provided and maintained by the Contractor. The policy shall be written on an occurreilce 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 cunent 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 inchide personal injury. Coverage C, rnedical payments, is not required. If the Comprehensive General Liability form (ISO Form GL 0002 Cui7ent Edition and ISO Form GL 0404) is used, it shall include at least: Bodily injury and Property Damage Liability for premises, operations, products and completed operations, independent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures. Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability. [X] Autornobile Liability Insurance: Contractor shall provide Commercial Automobile Liability instirance with Combined Single Limits (CSL) of not less than $250,000.00 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 inobile equipment used in conjunction with this contract. Satisfaction of the above requirement shall be in the form of a policy endorseinent for: any auto, or all owned, hired and non-owned autos. EXHIBIT B [X] Workers' Compensation Insurance Contractor shall purchase and maintain Worker's Compensation insLirance which, in aciclition 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 worlc performed for the City by the Named Insured. For building or construction projects, the Contractar 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 worlc under this contract, an Owner's and Contractor's Protective Liability insL�rance policy naming the City as insured for property damage and bodily injt�ry 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 canies the Contractor'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 valL�e shall be provided. Such policy shall include as "Named Insured" the City of Denton and all subcontractors as their interests may appear. [ ] Commercial Crime Provides coverage for the theft or disappearance of cash or 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"blanlcet" basis to cover all employees, including new hires. This type insurance should be required if the contractor has access to City fiinds. Limits of not less than each occurrence are required. .■ C C [ ] Additional Insurance Other insurance may be required on an individual basis for extra hazardous contracts ancl specific service agreements. If such additional inst�rance is required for a specific contract, that requirement will be described in the "Specific Conditions" of the contract specifications. EXHIBIT B ATTACHMENT 1 [X] Workers' 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-inst�re issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory warlcers' 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 worlc on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in �406.096) - inchtdes all persons or entities performing all or part of the services the contractor has undertalcen 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, subcontractars, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which fi�rnishes 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 tu�related 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 classificatian 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 goverrunental 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 goverrunental entity showing that coverage has been extended. E. The contractor shall obtain from each person providing services on a project, and provide to the govemmental entity: 1) a certificate of coverage, priar to that person beginning worlt on the project, so the governmental entity will have on file certificates of coverage showing coverage for al� persons providing services on the project; and EXHIBIT B 2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The contractor shall retain all reqtured certificates of coverage for the dl�ration of the project and for one year thereafter. G. The contractar shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have lcnown, of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractar shall post on each project site a notice, in the text, form and manner prescribed by the Texas Worlcers' 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 ainounts and filing of any coverage agreements, which meets the statutory requireinents 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 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 cunent 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, priar to the other person beginning work on the project; and b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; 6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and EXHIBIT B 7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) -(7), with the certificates of coverage to be� provided to the person for whom they are providing services. J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed tivith the appropriate insurance carrier or, in the case of a self-insured, tivith the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the contractar 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 cont�actor 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 C CONFLICT OF INTEREST QUESTIONNAIRE For vendor or other person doina business with local qovernmental This questionnaire reflects changes made to the law by H.B. 1491, 80th Leg., Regular Session FORM CIQ 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 questionnaire7 � Yes 0 N o 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 � 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 a�liation or business relationship. 4 Signature of person doing business with the governmental entity Date Adopted 06/2912007 � � DATE(MMIDD/YYYY) A� ° CERTIFICATE OF LIABILITY INSURANCE ei9i2a12 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFIGATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(5), AUTHORIZED REPRESENTATNE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL 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 sEatement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s}. PRODUCER � CONTACT N1c012 Green NAME HUTCHERSON INSURANCE SERVICES PHONE ,(g40) 382-9696 A/C No: �990)387-6962 1212 N Locust St Suite B QooR�ESS:ngreen@lordandco.net Denton INSURED TX 76201 MAINTAINING THE C ON GROUND � �. ME T LAWN C��RE�� /� L{\� Po BOX 1152 �\� �` DENTON TX 76202-1152 g Markel Insurance & NAIC # 2579 COVERAGES CERTIFICATE NUMBER:CL1212306022 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED To THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTIMTHSTANDING ANY REQUIREMENT, TERM OR CON�ITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSCIRANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TypE OF IN ANCE DL SUBR POLICY EFF POLICY EXP LIMITS LTR INS WVD POLICY NUMBER MMIODlYYYY MMIDD/YYYY GENERAL LIABILITY E4CH OCCURRENCE g 1� 000 � D00 D AGETO REIVTEO 5 10O � OOO X COMMERCIAL GENERAL LIAB�LITY � EMISES Ea occurrence A CLAIMSMRDE ❑X OCCUR CP7224314053 /1/2012 /1/2013 MEp EXp (Any one person) S �J � �00 - PERSONAL G ADV INJURY S 1� 000 , 000 � GENERAL AGGREGATE � S 2� 000 � OOO GEN'LAGGREGATELIMITAPPLIESPER: � PRODUCTS-COMPlOPAGG $ 2�000�00� X POLICY PR� LOC $ AUTOM061LELIA8ILITY EaaBc.oidenSINGLELIMIT $ -300 000 A ANY AUTO / / 8 ILY INJURY (Per person) S ALLOWNED X SCHEDULED CP7224314053'� /1/2012 /1/2013 BO�ILYINJURY(Peraccident) 5 Al1TOS AUTOS . NON-OWNE PROPERTY DAMAGE � X HIftED AUTO Y' qUT05 Per accident Medical a ments � 5 000 LIMBRELLA LIA6 OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMSMADE AGGREGATE $ 8 DED RETENTION S g WORKERSCOMPENSATION WCSTATU- OTH- AND EMPLOYERS' LIABILITY ANYPROPRIETOR/PARTNERIIXECUTIVE Y/N .EACHACCIDENT � SOO OOO OFFICERIMEM6EREXCLUDED7 � N�A C0022871-01� 1/17/2012 1/17/2D13 E.L.DISEASE�EAEMPLO .3 5O0 000 �Mandatory In NH) If yes, descrihe under DESCRIPTION OF OPERATIONS 6elow E.L. DISEASE-POLICY LIMIT i 500 OOO DESCRIPTION OF OPERATIDN51 LOCATIONS / VEHICLES (Attach ACORD 101, Addltlortal Remarks Schedule, IF more space is requlred) In the pres�ce of written contract, City of Denton is considered AdcLitonal Insured on the above mentioned liabilty policy.� � CERTIFICATE HOLDER GANCELLATION Julia.Klinck@cityo£denton CITY OF DENTON `� PURCHASING DEPT 215 E. MCKINNEY DENTON, TX 76201 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANGE WITH THE PoLICY PROVISION5. AUTHORIZEO REPRESENTATIVE Hutcherson/NG � ACORD 25 (2010105) O 1988-2010 ACORD CORPORATION. All rights reserved. INS025 �2oioo�.o� The ACORD name and logo are registered marks of AC�RD � / � / � � CONTR.ACT BY AND BETWEEN CITY OF DENTON, TEXAS AND RFP NO. 4942 THIS CONTR.ACT is made and entered into tliis 7 day of Au ust A.D., 2012, by and between TIBH Industries Inc., a corporation, whose address is 1011 E. 531/2 St. Austin, TX 78751, hereinafter refeired to as "Contractor," and the CITY OF DENTON, TEXAS, a hoine rule n�unicipal corporation, hereinafter referred to as "City," to be effective upon approval of the Denton City Council and subsequent execution of this Contract by the Denton City Manager or his duly authorized desigi�ee. For and in consideration of the covenants and agreements contained hereiil, and for the mutual benefits to be obtained hereby, the paa-ties agree as follows: I. SCOPE OF SERVICES Contractor shall provide all labor, supervision, inaterials aiid equipment necessary for RFP4942- Annual Contract for Mowing Services-Proposal A-Libraries, Proposal D-Fire Stations, Proposal F-Electric Substations and Proposal G-Water Reclamation. These products and services shall be provided in accordance with the Specifications for RFP 4942, a copy of which is on file in the office of tlZe Purchasing Ageilt, and the Contractor's Bid in response thereto, a copy of which is attached hereto and incorporated herein for all purposes as Exhibit "A". The Contract consists of tlus writteil agreement and the followiizg items which are attached hereto and incorporated hereiil by reference: (a) Specifications for Bid 4942; (On file in the office of the Purchasing Agent) (b) Contractor's Bid. (Exhibit "A"); (c) Insurance Requirements. (Exhibit "B"); (d) Form CIQ — Conflict of Interest Questionnaire (Exhibit "C"). 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 Contract docuinents, the inconsistency or conflict shall be resolved by giving precedence first to the written agreement then to the contract documents in the order in wluch they are lisied above. These docLUnents shall be referred to collectively as "Contract Docutnents." II. TIME OF COMPLETION Contractor agrees and covenants that all work hereunder shall be complete within 14 days following notice to proceed from City. Or III. TERM OF CONTR.ACT The initial term of this Contract shall be one year from date of contract execution unless otherwise stated. The City and the Awarded Contractor shall have the option to automatically renew this contract for four (4) additional one year periods N. WARRANTY Contractor warrants and covenants to City that all goods and services provided by Contractor, Contractor's subcontractors, and agents under the Agreement shall be free of defects and produced and performed in a skillful and workrnanlike manner and shall comply with the specifications for said goods and services as set forth in this Agreement and the Bid Specifications on file in the office oi the Purchasing Agent. Contractor warrants that the goods and services provided to City under this Agreement shall be free from defects in material and workmanship, for a period of three (3) year comrimencing 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 work and within thirty (30) days of receiving Contractor's invoice for the products and services delivered. Compensation under this contract shall be based upon the mowing cycle pricing for Proposals A, D, F, and G attached as Exhi.bit A. Contractor recognizes that this Contract shall commence upon the effective date herein and continue in full force and effect until termination in accordance with its provisions. Contractor and City herein recognize that the continuation of any contract after the close of any given fiscal year of the City of Denton, which fiscal year ends on September 30th of each year, shall be subject to Denton City Council approval. In the event that the Denton City Council does not approve the appropriation of funds for this contract, the Contract shall terminate at the end of the fiscal year for wlaich funds were appropriated and the parties shall have no further obligations hereunder. VI. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC Contractor shall at all tunes exercise reasonable precautions for the safety of employees and others on or near the work and shall comply with all applicable provisions of Federal, State, and Municipal safety laws. The safety precautions actually taken 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 A.PPLICABLE LAWS set forth herein. VII. LOSSES FROM NATiTRAL CAUSES Unless otherwise specified, all loss or damage to Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstances in the prosecution of the sarne, or from unusual obstructions or difficulties which may be encountered in the prosecution of the work, 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 attorney's fees and expenses, in any way arising out of, related to, or resulting from the services provided by Contractor under this Agreement or caused by the negligent act or omission or the intentional act or omission of Contractor, its officers, agents, employees, subcontractors, licensees, invitees or any other third parties for whom 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 this 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 reta.in 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 time 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 Contractar shall at all times observe and comply with a11 Federal, State and local laws, ordinances and reb lations including all amendments and revisions thereto, which in any manner affect C�ntractor or the work, 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, offcers, agents, subcontractors, or representatives. If Contractor observes that the work is at variance therewith, Contractor sha11 promptly notify City in writing. 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 work will be sublet to anyone objectionable to City. Contractar 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 Contractar from its full obligations to City as provided by this Contract. XiI. INDEPENDENT CONTRACTOR Contractor covenants and agrees that Contractor is an independent contractor and not an officer, agent, servant or employee of City; that Contractar shall have exclusive control of an exclusive right to control the details of the work 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 Contractar, its officers, agents, employees, contractors, subcontractors and consultants, and nothing herein shall be construed as creating a partnership or joint enterprise between City and Contractor. XIII. INSURANCE AND CERTIFICATES OF INSURANCE Contractor shall procure and maintain for the duration of the contract insurance coverage as set forth in the Insurance Requirements marked Exhibit "B" attached hereto and incorporated herein 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 from any cause during the progress of any portion of the work embraced in this Contract. XV. AFFIDAVIT OF NO PROHIBITED INT�REST Contractor acknowledges 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 sha11 not affect the remainulg 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 Either party 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, teni�inate 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 terniil7ated 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. CONTR.ACT INTERPR�TATION 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 conditioris hereof. XXTI. RIGHT TO AUDIT The OWNER shall have the right to audit and make copies of the books, records and computations pertaining to this agreernent. The CONTRACTOR shall retain such books, records, documents and other evidence pertaining to this agreement during the contract period and five 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 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 this agreement, and to allow the OWNER similar access to those documents. All books 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 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 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 "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. IN WITNESS WHEREOF, the parties of these presents have eYecuted this agreernent in the year and day first above written. CONTRACTOR BY: (�� , SIGNATURE) . �,- � Date: C�� % 7—' � Z ` Name: TP � ` � Title: t ..L.. � (� — � �—�� / c� �a W - C� � ,��. ( s �p , i�D _ S— � �z. MAIL_I�'.7 ADD SS �I�JSZ.S �� l� x �� �-�� �, /'1 � �-� 7 � a 11 �� ONE NUMBER °ol �- 5�°1- �7�� FAX NUMBER �� Z �-'5�.; �,S��JG . PRINTED NAME CITY OF D NTON, T BY: - `~-�� CI Y MANAGER C' DATE: J r � 7.� DEPARTMENTAL APPROVAL APPROVED AS TO LEGAL FORM ANITA BURGESS, CITY ATTORNEY , BY: �� � DATE: ���2 EXHIBIT A R�=P # 4942 � Mawing Ser�ices Vertdor Name: Location; TIBH ��,�� �������� TIBH PROPOSAL . Annual RFP Amounf Annual RFP Amount PROC'OSAL A- LI�RARIFS CEASS�A $5,280,00 � 7 �; PROPOSAI. t3 - CI'I�Y PARKS CLASS B $93,55�,flfl ��i s�� PROPOSAI. C- CITY M�DIANS & F21GHT�O��WAYS � 2 � t� NOR7�i CLASS B �22,690.Ofl PROPOSAL D- FIRE STqTiONS CI_ASS A& 8 $10,392.00 � d 3 � PROPOSAL �- CCM�T�RIES C�.ASS B �u98,900.00 �� �f-G Z� {'ROPOSAL � - ELEGTRICA�. SUBSTF1TIOf�S � CLASS A �. B �8,G45.00 g �� � PROP�SA�. G- WATER RECLAMATION CLASS A & C �17,505.00 � � L� �U � GRAND TOTA� $176,884.00 � . �� r ce er Acre er IViQWING CLASSI�'1CATION Cycle* Price Per Acre Per Cycle* CVS,SS f1 $60.00 �� b. c� o --------_�- -------------------------------- ---�- --------------------- CLASS B $�a0.00 �� 0. 4 0 ---._�___-----------------------------------------------------..__----- .__-__�------------------------------ -- 36.00 � � � r � CL�1SS C ------------- -------------------------------------- --------------------------------- ( -----------__�------------------�----- ----_..___ --- CLASS D $15.OQ � f Sr, d 0 �f�.(( — �--I--�---�- � A_�"Z'AC�XM�NT � AC��NO�'�'S�E� G�11���1VT THE STATE OF TEXAS C�U�lTY O�' DENTON Tl�e uudersignccE �grees d�is RFP beconies the property ofthe City o�Denion �fter llia officia[ openivg, TI�e undersig�ied affirn�s fie has Familiarized h'smsalf ���ith the local conditions n�ider «�hich fhe Fvork is to be performed; satisfi�d himself of the eonciitions oF de3i��ery, h�ndlit�g �nci slo�'�ge of eqttipment an{t all other matters ti�at ina}+ be incicient�l to the titi�ork, before sabmit[ing a�ropos�i, The itndersignec� �gr�es, iF this proposal is ncceptecl, to furnish an�� 1nc! all iteu�slscrvicas upon ���hicl� prices nre offered, at [Ge price(s) zud upo�i tlte tea•ms and co»diiions co�it�iiied in tlie Specificaiions, 1'he period for accept�uce of tl�is Proposll will be i�inety (90) calendar days unless a different pez�lod is noted. T(�e undersigued aftirn�s d�at they are duly atilhorized to e�ecute fhis conl���cf, tiiat this Rri' has uot been prepared u3 collusian �vitli any olher Biddci•, �ior �ily cn�ployee of the Cii}' ofl�entou, and ii�at the conlcnis of tliis RFP i�ave �tot been commu�icated to an�r o[her proposer or to an}� em�(oyee of tEze Gity of Dento�� prior to the vffici�l opening of lhis bid, Respoiident hereby assigns to clie City an}' �n<< 1�I C1011I1S f01� ovei•charges nssocinted �ti�irl� tliis co�itract ���hich nrise under Il�e �ntih�ust It�ws of t1�e United States, 15 USCA Sectio�t 1 et se�., aud �vluc(� �rise ut�der tlre �sntitrust l�1vs oF the State of"1'eaas, Tex, �us, & Co�n. Code, Sectio31 15.�1, et seq. The ut�deesigtted �ffirms tttat titey ii�ve reacl a�id do u�iclerst�nd the specifc�tious <�ucl nn�� att�chments coiilaii�e<I in this RrP pac[:age. T(ie imdersigned agrees fh�i tfte RPP k�osterl ou t{1e tit'ebsite �re tlie officiz] specific�tions and sh�Jl ilot 11tee fiie electronic copy of the speci�c�tions �ncllor pricii�g sheet (Exhif�it ]), �vitl�out clearlp idenufyin� ch�nges, 'I:he u�idersigned understliids the�l �<<�11 Ue responsible for anonitoa•i��g tl3e Ciky of L�enton Purcl�asing 1\'ebsitc a�: I�ttt�•/ln�wn� ciNofdenton cau/index ��s�x?iya£e=397 ta ea�sura tl�e}� l�ave do���itlo�ded nud sigued all addendum(s) rec�uired Cor suU�uission �vittitlxeir proposal. Should a confIict nrise bet�veeit tiie P0, suppliei' terms, or coi�tr�ct; the ier�us and contlitions set fortf� iu lhis RF'P sti;�li prcvlil. T certifytha[ I ha��e made no �vil)fttl n�isrepresent�iious fit this Proposal Submission, iior have I tivith[tield ilifarmatiou in m�� siatcments and aiis�vers to questio��s. I ant 1�i��re that the iuforin�tio» gi��en by nte in this proposal �vill be im�cstigated, �i�itil my fii11 periuission, �nd tliat any misi•epresentations or omissions ���ay cause ni�� proposal to bc rejected. `2Al'IT r�.1Tl� r�,7�17R�SS OF COl'7PA�l�.': AC}T'Ii01 z�D ltk:l'R�S�1�TA�1V�: � L' , Sigtt�turc � ��- � �' `, Date . �� /�—(��� I Nauie i11 1�� C-- _r , Title SS � Tel_ No. G r — ,� Fa� No. �j �: � �C� �t -0�— rii�ail, _ ' � � ,1 6 � PAG� 74 OF R�P #�4942 � �" Purchasing Department 901-B Texas St. Denton, TX 76209 (940) 349-7100 www.dentonpurchasing.com ADDENDUIVI # 3 RFP # 4942 �eNNUAL ��NTRACT FOR MOWiNG SERVICES Revised Proposals DUE: June 5, 2012 �:00 P.M, Proposal submitted by: �� � �. � rL� ��c,. Company Name CITY OF DENTON — ADDENDUM # 3 RFP # 4942 — Annual Contract for Mowing Services • The opening date for RFP 4942 has been extended until June 5, 2012. • Pages 20-22 of the original RFP document for the Code Enforcement Proposal H section have been revised; please see the enclosed page changes. • Revised Pricing Sheets for Proposals A-H are attached; These pricing sheets must be submitted with your proposal per the RFP requirements. N� OTHER CHANGES AT THIS TIME. Thrs form shall be signed and returned with your bid Name: Signature: i Company: l � �)� /�� � , �lA � e.- . Title: Date: (� � � � cf � � O C��,�� 1 � ; � or � � � � CtTY OF DENTON — ADDENDUM # 3 RFP # 4942 — Annual Contract for Mowing Services PROPOSAL H CODE ENFORCEMENT: C�NTRACT TERMS & CONDITIONS: The successful bidder shall perform on the following basis: 1. Parcel size shall be based on not more than 10,000 square feet of area. 2. All parcels authorized by the City to be mowed by the contractor shall be cut to a uniform height not to exceed two (2) inches. More than on mowing ar cutting may be required (under a single work order). Properties of five (5) acres or more will be mowed 100 feet from all structures, property lines, curbs, and street edge. If the property is less than five (5) acres, the entire parcel will be mowed. Parcels or acreage must be cut to the pavement, or the thoroughfare or street, or to the curb lines or the edge of the street. 4. Parcels will be mowed to all existing buildings, trees, shrubs, light poles, mailboxes, landscaping beds, sidewalks, curbs, streets, fences, etc. Grass and weeds not trimmed by a mower will be trimmed with a weed eater. This weed eating will be included 'an the base bid amount. 5. When mowing of a parcel by normal means (such as a lawnmower or a tractor) is not possible, parcels will be t�iinined by means of a weed eater or other device designed to trim grass/weeds in such terrain. This weed eating will be done on an hourly basis rate. 6. The contractor shall remove all obvious accumulations of trash, debris, or litter. Trash, debris and litter will be picked up and transported to the City of Denton Landfill. Landfill staff will determine the cubic yard quantity of the load and issue a ticket. A copy of the landfill ticket rnust be provided with the original invoice and submitted to Code Enfarcement to calculate labor costs. 7. Upon completion of mowing/trimming of all parcels, the contractor will be responsible for removal of all grass and weed clippings from developed parcels up to 10,000 sf., and hauling the yard waste to the City of Denton Landfill. Contractor will return all grass and weed clippings to lots larger than 10,000 sf by means of a broom andlor a blower. The contractor will ensure that paved areas, streets, sidewalks and drainage areas adjacent to job sites are free of glass clippings after completion of mowing. 9. The contractor will photograph the tall grass and weeds (and any trash and debris) at the site prior to mowing. The contractor will take a photograph of the mowed site upon completion of the work. The Contractor wi11 maintain all "before" and "after" site photos at their business ofiice. Photos must be available to Code Enforcement upon request. PAGE 20 OF RFP #4942 CITY OF DENTON — ADDENDUM # 3 RFP # 4942 — Annual Contract for Mowing Services PROPOSAL I� CODE ENFORCEMENT (Continued): CONTRACT TERMS & CONDITIONS: , 10. Any equipment or items found on the property shall not be removed from the premises. Some exa.mples would be machinery, vehicles, masonry, building materials in a sizable quantity, storage buildings, fencing materials in a sizable quantity, and anything of value. 11. A11 mowing shall be completed within three (31 business days of notification of a work order excluding holidays. Work order(s) will be emailed or faxed to the contractor. Inclement weat3ier and any rnajor breakdowns in equipment will be the only reason for an extension for job completion. An extension of no more than three (3) business days may be granted by the Code Enforcement Office. If the work has not been completed within the allotted three (3) business day timeframe (unless an extension has been granted), the Code Enforcement Office may hire another contractor to perform and complete the requirements of the worlc order. The contractor will be responsible for any additional costs to hire the back-up contractor. 12. Contractor's equipment shall be in good repair, and qualified operators shall be responsible for the care and handling of the equipment. Sufficient equipment will be available to carry out requirements of the contract. Example: brush hog, weed eater, push mower. Contractor must provide list of equi�ment with bid. 13. The bidder shall pay all wages, taxes, worker's compensation, and all equipment operators. 14. See Insurance Requirements for Contracts, attached. Contractor agrees to carry at least the minimum insurance specified and furnish certificate(s) of insurance upon request. 15. This contract shall exclude the City of Denton from any liability, personal or property damage as a result of any operation by the contractar; or any liability, personal ar property damage arising under the terms of the contract. 16. The contractor must have adequate staff to perform the work required. 17. The invoice containing original signature for the work performed must be submitted by mail, email, fax, or in person within three (3) business days following completion of the requirements of the work order. 18. All work performed must be satisfactory and in accordance with the requirements of existing City ordinances. Upon completion of the work order, a Code Enforcement Officer will conduct a re-inspection. The contractor will not be paid unt�il the parcel or acreage has been mowed or cleaned in accordance with the specifications of this contract. PAGE 4 OF RFP #4942 CITY OF DENTON — ADDENDUM # 3 RFP # 4942 — Annuaf Contract for Mowing Services PROPOSAL H CODE ENFORCEMENT (Continued): CONTRACT TERMS & CONDITIONS: 19. The contract is only authorized to complete the work assigned by the City. No payment will be made far work not authorized by the City. The City agrees to pay the invoice within thirty (30) days of receiving a completed invoice. 20. It is the responsibility of the contractor to ensure that he mows the correct properties. 21. The City will not be responsible far cost of repairs ar breakdowns of contractor's equipment. 22. This bid, when properly accepted by the City of Denton, shall constitute a contract equally binding between the successfiil bidder and the City of Denton. "Contractor must maintain a current email address" PAGE 5 OF RFP #4942 Exhibit 1 RFP 4942 Pricing Sheet �or Contract for Mowing Services Please n�te that there are (9) Worksheets that are set up for this RFP. Please make sure you fill in every one of them completely that you are Exhibit 1 RFP 494z Pricing Sheet for Contract far Mowing Services The respondent shall complete the following section, which directly corresponds to Section � PROPOSAL Annual �FP Amount PROPOSAL A - LIBRARIES CLASS A $ �,280.�0 PROPOSAL 6 - CITY PARKS CLASS B $ 93,552.00 PROPOSAL C - CFTY MEDIANS & RfGHT-OF-WAYS NORTH CLASS B $ 22,610.00 PFZOPOSAL D - FIRE STATIONS CLASS A & B $ 10,392.00 PROPOSAL E - CEMETERIES C1ASS B $ 18,900.00 PROPOSAL F - ELECTRICAL SUBSTATIONS CLASS A & B $ 8,645.00 PROPOSAL G - WATER RECLAMATION CLASSA&C PROPOSAL H - CODE ENFORCEMENT GRAND TOT, 1 i,5�5.00 '176,884.00 MOVOIING CLASSIFICATION Price Per Acre Per Cycle* CLASS A $ 60.00 CLASS B $ 60.00 ---------------------------- CLASS G $ 36.00 ---------------------------- CLASS D � 15.00 Proposal A - LlBRARiES CLASS A - Mawing RFP 4942 Pricing Sheet for Contract for Mowing Ser�ices tf�e res�ondent shalr compfete the following section, which directly corresponds to Sec#ion III - Scope of Services, and Section Vi, Payment and Performance LIBRARY GROUNDS: For Mowing of 1Needs and Grass on City Medians and Lots Within The Corporate Boundaries of The City of Denton, Texas, per all terms, conditions and spec�fic�tians herein. Library Grounds Schedule: ° Est. # of Mowing Class Acres Cycles Cycle Annual Bid Site (location) North Branch Library, 3020 N. Locust ST. A 1 32 $ 60.�0 $ 1,920.00 South Branch Library, 3228 Teasley Lane A 0.98 32 $ 55.00 $ 1,760.00 i Est. # of Mowing Planter Bed Maintenance Class (Sq. Feet) Cycles Cycle Annual Bid Norf(� Branch Library A 21,10o 32 $ 50.00 $'(,600.00 Alternate Iterr� for future consideration: Contractor shall submit separate per cycle mowing bids and per cycle planter bed maintenance bids. Per cycle p{anter bed maintenance costs shall include shrub trimming three times per year (as per specifications) and three applications of turf fertilizer (as per specifications). Proposal B - PARKS CLASS B - Mowing RFP 4942 Pricing Sheet for Contract for Mowing Se�vices The respondent shall camplete the following section, v�rhich directly corresponds to Section II - Scope of Services, and Section V, Payment and PerFarmance PAR�CS: For Mowing of Weeds and Grass on City MEdians and Lots Witf�in The Corporate Boundaries of The City of Denton, Texas, per all terms, conditions and specifications herein. PARKS size Est. # $ RFp/ $ Annual RFP Acres °f Mowing Cycles C cle Avondale (includes creek banks, both sides to ROV1� 2021 18.1 20 $ 240_00 $ 4,800.00 Devonshire Bowling Green Park, 2200 Bowling Green s.as zo $ 160.00 $ 3,2Q0.00 Briercliff Park, 3000 State School Road & Unicorn Blvd. s.s�a zo � 118.00 $ 2,360.00 Carl Young Sr. Park 327 S. Wood St. (Includes creek bank from top 6.75 zo $ 175.00 $ 3,500.00 af bank to six feet down the slope.) Cooper Glen Open Space 3.as 20 $ 35.00 $ 7Q0.00 Crosstimbers, 1000 Hickory Creek Road & Frontage 26 20 $ 152.00 $ 3,040.OQ Denia Park and Denia Rec, 1001 Parvin — Class A Mowing 10.55 32 $ 314.00 $ 10,048.Q0 DO NOT MOW BALLFIELDS Ernest Dallas Memorial Park, 6120 Sun Ray (Class �) � 20 $ 135.00 $ 2,700.00 Evers Park 3100 N. Locust (south side of Windsor-Boy Scout Area) 4 Zo $ 144.00 $ 2,880.00 Class B Evers Park Sports Complex Common Areas, 3201 N. Locust — �0.3� 32 $ 312.00 $ 9,984.00 (Class A) (DO NOT MOIN BALLFIELDS) Fred Moore 500 S. Bradshaw $� American Legion �0 20 $ 3'10.00 $ 6,2Q0.00 Joe Skiles, 1721 Stonegate 5.s �o $ 138.d0 $ 2,760.00 Keep Denton Beautiful, 1117 Riney Rd 1.s8 20 $ 60.00 $ 1,200,00 Lake Forest, 3901 Ryan Rd 21.45 20 $ 260.00 $ 5,200.OQ Mack Park (North Section) —(Class A) (DO NOT MOW BALLFIELDS) s.s1 32 $ 115.00 $ 3,680.00 Macic Park (South Section) / Roberts Park Common Areas — ��.�6 3z $ 75.Q0 $ 2,400.00 (Ciass A) (DO N�T-MOW BALL�IELDS) McKenna, 600 N Bonnie Brae (includes inside communication fence) 18.1 20 $ 240.00 $ 4,800.00 Water tower not included > Milam Park ofF Mockingbird 1 20 $ 60.00 $ 1,ZOO.OQ Monterey Open Space, 2.ss 20 $ 117.00 $ 2,340.00 Nettie Schultz, 1517 Mistywood 9 2Q $ 164.OQ $ 3,280.00 North Lakes Park Windsor ROW - NORTH s.s 20 $ 165.00 $ 3,300.00 North Lakes Park Windsor ROW - SOUTH 4.s� 20 $ 146.00 $ 2,920.00 North Lakes Disc Golf s.s 20 $ 225.00 $ 4,500.00 North Pointe, '1300 Hercules Ln. (Type A Area) s.4s 20 $ 155.00 $ 3,100.00 * Owsley Park 2425 Stella o.5 20 $ 35.00 $ 700.00 Sequoia, 1400 E. University s.s 20 $ 138.00 $ 2,760,00 Totals for Cycles and Annual Bid � $ 93,552.00 * Owsley Park 2425 Stefla = Under construc�ion wil{ change Contractor shall submit segarate per cycle mowing bids and per cycle planter bed main#enance bids. Proposal C - MEDIANS CLASS B - Mowing RFP 4942 Pricing Sheet for Contract for Mowing Ser�ices The respondent shall complete the following section, which directly corresponds to Section 111- Scope of Services, and Section VI, Payment and Performance Weeds and Grass on City Medians and Lots Within The Corporate Boundaries of The City of Denton, Texas, per all terms, conditions and MEDIAN Size Es#. # $ BidlMowing Cycle $ Annual Bid (Acres} of C s Audra Lane and Triangle at Paisley �.05 20 $ 36.75 $ 735.00 Bump Out at Scripture and Malone o.�s 20 $ 35.00 $ 700.00 Churchill Dr & Churchill Circle Islands o.� 20 $ 35.00 $ 700.00 Drainage Area from Alice (808 Alice) to Denton 1.05 20 $ 36.75 $ 735.00 Eim/US 77& Old Riney o.� 20 $ 35.00 $ 700.00 Emerson & Woodhaven 0.14 20 $ 35.00 $ 700.00 Hercules Medians West of Stuart 0.36 20 $ 35.00 $ 700.00 Highland Park Circle Island and Westridge Island o.� 20 $ 35.00 $ 700.00 HWY 77(Elm) & Windsor o.2 Zo $ 35.00 $ 700.00 Island at Malone @ Tulane o.�2� 20 $ 35.00 $ 7D0.00 Lot at the Dead End of North Carroll Blvd. 0.42 2o $ 35.00 � 700.00 North Texas at Hickary & Ave C at Oak o.2 20 $ 35.Q0 $ 700.00 Oak from I-35 to Bonnie Brae o.8 20 $ 35.QQ $ 700.�0 Oakland St. and Empfiy Lots o.�a 20 $ 35.00 $ 700.00 Sherman & Bolivar Sherman & Locust Sherman & Stuart Snerma�r & Woodlands „ Trade Square Parking between Hickory & Mulberry University (includes frontage of 380) & Boyd US 77 (I-35 to 2164/Locust) Tota! of 4 maps Windsor from I-35 to Bonnie Bras ndsor & Sherman �tals for Cycles and Annual Bid o.z za $ 0.05 20 $ �.1 20 $ 0.05 20 $ 0.2 20 $ o.s 20 $ 10.2 20 $ 0.64 20 � o.� Zo $ 35.00 $ 700.00 35.00 $ 700. QO 35.00 $ 700.00 3s. ao � �ao. o0 35.00 $ 700.00 35.00 $ 700.00 357.00 $ 7,140.00 35.00 $ 700.00 35.00 $ 700.00 610.00 Contractor shall submit separate per cycle mowing bids and per cycle planter bed maintenance bids. Per cycle planter bed maintenance costs shall include shrub trimming three times per year (as per specifications) and three ap� of turf fe�tilizer (as per specifications). The respondent sfiafl compfetethe following section, which directly corresponds to Section If -Scope ofServices, and Section V, Payment and Performance Requirements. The contractor shall not make changes to this format. PROPaSAL D - FIRE STATIONS CLASS �A & B - Mowing RFP 4942 Pricing Sheet for Contract for Mowing Services The respondentshall complete the following section, which directly corresponds to Section NI - Scope of Services, and Section Vl, Payment and Performance FIRE STATIONS: For Mowing of Weeds and Grass on City Medians and Lots Within The Gorporate Boundaries of The City of Denton, Texas, per all terms, conditions and specifications herein. Contractor shall submit separate per cycle mowing bids and per cycle planter bed maintenance bids. PR�POSAL E — CEMETARIES Class B IVlowing R�P 4942 Pricing Sheet for Contract for Mowing Services The respondent shall complete the following section, which directly corresponds to Section 111- Scope of Services, and Section V1, Poyment and PerformanCe CEMETERIES GROUNDS: For Mowing of Weeds and Gr�s� on Ciiy Medians and Lots Within The Corporate Boundaries of The City of Denton, Texas, per all terrns, conditions and specifications herein. Size Est. # of Bid I Mowing Site (location) Class (Acresj Cycfes G cle Annuat Bid IOOF TurF B 25 20 $ 275.00 $ 5,500.00 Oakwood Turf B 13 20 $ 143.00 $ 2,860.00 IOOF Litter Control B 25 20 $ 275.00 $ 5,500.00 Oakwood Litter Control B 13 20 $ 143.00 $ 2,860.00 s . p o owing Planter Bed Maintenance Class Size (Sq.Ft) Cycles Cycle Annual Bid IOOF Beds B 561 20 $ 56.00 $ 1,120.00 Oakwood Beds — Flag poles B 150 2Q $ 15.00 $ 3Q0.00 IOOF Color Bed Change B 361 20 $ 38.00 $ 760.00 Altsrnate Items for future consideration: Totals fvr Cycles and $ $ 98,900.00 Annual Bid Contra�tor shall submit separate per cycle mowing bids and per cycle planter bed mai�tenance bids. Per cycle planter bed maintenance costs shall include shrub trimming three times per year (as per specifications) and thres appfications of turf fertilizer (as per specifications). PROP�SAL F — ELECTRiC SUBSTATiON Class A, B, C Mowing RFP 4942 Pricing Sheet for Contract for Mowing Services The respondent shall comp/ete the following section, which directly corresponds ta Section IJI - Scope of Services, and Section VI, Payment and Performance ELECTRIC SUBSTATIONS: For Mowing of Weeds and Grass on City Medians and Lots Within The Corporate Boundaries of The City of Denton, Texas, per al! terms, conditions and specifications herein. Est. Est. # of Bid / Mowing Site Location Size (Acres) C cles C c!e Artnua! B+d Arco Substation, 1868 Geesling Rd. -76208 2 20 $ 50.00 $ 1,000.00 • Bonnie Brae Substation, 1221 N. Bonnie Brae St. - 76201 0.06 20 $ 10.0� � 2oo.ao Denton North Interchange, 4105 N. Locust - 76207 0.3 20 $ 10.0� $ 2QO.On Ft. Worth Substation, 4171 Ft. Worth Drive - 76226 1 7 $ 25.00 $ 175.�0 Hickory St�bstation, 101 N. Bonnie Brae - 762U1 0.4 20 $ 10.00 $ 200.�0 Kings Row Substation, 1988 Kings Row - 76209 0.4 20 $ 10.00 $ 200.OQ Locust Substation, 1304� S. Locust - 76201 1.25 20 $ 30.00 $ 6d0.00 Northlakes Substation, 3400 N. Bonnie Brae - 76207 0.5 20 $ 10.0� $ 200.OQ Pockrus Substation, South of I-35 E on Pockrus Rd - 76208 0.8 2� $ 1 �.00 $ 200.00 Poie Yard, ?70� Spencer Rd -76205 7 32 $ 175.00 $ 5,600.00 Teasley Substation, 2428 Hickory Creek - 76210 0.5 7 $ 1�.00 $ 70.00 Totals for Cycles and Annual Bid $ 350.�0 $ 8,645.�0 • onn�e rae Substation - Under Construction will change Contractor shatl submit separate per cycle mowing bids and per cycle planter bed maintenance bids. Per cycle planter bed maintenance costs shall include shrub trimming three times per year (as per specifications) and three applications of turF fertilizer (as per specifications). Contact Sam Bridges at (940) 348-7600 for additional in#ormation PROPOSAL G - WATER RECLAMATI4N CLASSA&C RFP 4942 Pricing Sheet for Contract for Mowing Services The respondent shall complete the following section, which direct(y corresponds to Section lll - Scope of Services, and 5ection VI, Payment and Performance WATER RECLAMATION: For Mowing of Weeds and Grass on City Medians and Lots Within The Corporate Boundaries of The City of Denton, Texas, per all terms, conditions and specifications herein. ize Est. # oF � owing Site Location Ciass (Acresj cycies Cycles Annual Bid Barrow Station -�arrow Dr. � 0.5 7 $ 10.00 $ 70.00 Granada Stafion, 3G00 Granada C 0.125 7 $ 10.�0 $ 70.OD Lakeview Station, 200 Lakeview Blvd. � � 7 $ 25.00 $ 17�.00 Lift Sta�ions: Caoper Creek @ 230 N Mayhill Rd. � 0.75 7 $ 10.00 $ 70.00 Hickory Creek @ Old Alton Road � 0.5 7 $ 1�.00 $ 70.00 North Entrance Area, S. Mayhill Rd. � � 0 7 $ 10.00 $ 70.00 Robson Ranch Plant, 5494 S. Florence Rd., Jaastin, TX c 5 7 $ 25.�0 $ 175.00 Approx. Water Reclamation Plant, 1100 S. Mayhill , Denton, TX A �4 32 $ 25.00 $ 800.00 Wimbleton, 4000 Winston Dr. � 0.125 7 $ 10.00 $ 70.00 Totals for Cycles and Annual Bid $ 90.00 $ 1,255.00 Size est. # of Bid/Mowing Planter Bec� Maintenance ciass (Acres) Cycles cyc�es Annual Bia Water Reclamation Administration Bldg., 110o S. Mayhill Rd. Denton , Tx. A 650 32 $ 25.00 $'16,250.00 TOTAL $ 25.00 $ 16,250.00 Contractor shall submit separate per cycle mowing bids and per cycle planter bed maintenance bids. Per cycle planter bed maintenance costs shall include shrub trimming three times per year (as per specifications) and three applications of turt fertilizer (as per specifications). PR4POSAL H — CODE ENFORCEMENT R�P 4942 Pricing Sheet for Contract for Mowing Services The respondent sirall complete the following section, which directly corresponds to Section l!! - Scope of Services, and Section VI, Payment and PFrformanC� Mowing of Parcels with Unrestricted Access (i.e. openings to parcel larger than three (3) feet, vacant lots) CATEGORY DESCRIPTION Bid Amount Bid Amount (Area to be mowed is up to (Majority of area to be 3' height) mowed is over 3' height) I-A Parcels of land up to 10,000 square feet $ 20 /per lot $ 30 lper lot II-A �arCels of land up to 10,001 square � 70 /per lot $ 80 /per lot feet to 1 acre III-A Parcels of land more than 1 acre � 60 /per acre $ 70 /per lot Mowing of Parcels with Restricted Access (equipment must fit through three (3) foot opening) CATEGORY DESCRfP710N Bid Amount Bid Amount EArea to be mowed is up to (Majority of area to be 3' height) mowed is over 3' height) �_B ParcelS of land up to 10,p00 square feet � 30 /per lot $ 40 /per lot �� B Parcels of land up to 10,001 square � g0 /per lot $ 90 /per lot feet to 1 acre ����B Parceis of land more than 1 acre � 60 /per acre $ 70 /per lot Trash and Debris Removal CATEGORY DESCRIp?ION Bid Amount Trash and debris removal based on cubic yard calculated by the City $ 5 /cu. yd. IV of Denton Solid Waste formula. Hou�ly rate for labor and trimmer on specialty rate per Contract � �� Terms 2nd Conditions #4 Contact Linda Barrett (940} 349-7819 for more information GITY OF I}�NTON RFP �ORAi�NUAI. GONTRAC7 FOR MOWING S�RVfG�S SOLXCYTATX��t CHECI�L�ST Checklist for RFF' #4942 Title; Annual Contract for Mawing Services Openin� Date: s/29120'I2 at 2;00 PM � Conlractor� ttte and Addres_� �p- --�u �-- Cot�tacL � TX Taxpy�er VfN��: � � Phone: �� / -- Fax: � �mail: - v 1�L/� '+� ' h�h . i) �n, 1. Sub�Yiik one (1) origmal and E�vo (2) WRITTEN copies nf subzi�ittal (R�QUfRED) a. Sul�mif Writfen Proposal by courisr, hand de(ivery, or mail b. Exhibil'1-�xcef Pricing Sheei, Rev�ew, compfete, anct return 2. En�ail �xhibil 1 in �xcel f4rmaf to ebicfs�ciiyofdenton,com 3. 5ubmiltal Content (�4eet Section IV) � Review a11 requirements ��i�sure yoE�r firm meeks all stated rninimum require►nents � Documentafio�� includec4 tv support tiie evaluation criferia. � Com�any Information � Relevanf Experience and Qualifications � Ouality Assurance ! Quality Controi � Lifigation History Slaternent � /�ddend�nn(s) Reviewed and return � AiEachment A, Review � Aitachment S, NOTAPPLICABLE � Attachrnent G, Revie�v, complete, antl rEturn � Aifachn�ent D, �lot Applicabfe � Ailachn�ent E, Revie��r, complete, and return � tlttachment_F, Revievd, complete, and refiirn • • Altachmenl G, Review, complete, and relurn � Attacllmenf H, RevieU/, Cornplefe, a�ld return � Attach3»ei�t 1, fteview, complete, and refesrn � Aftacf�ment J, fteview, coi��plefe, and refurn PAGE 3 OF RFP #�}9�2 CITY 0� l��iJTON RFP ANNUAI. CONTRAC'f' FOR MdWING SERVIC�S 1 S, I�TLlII1��T O�P01'S011lle� U}� D�sci�liize: Discipliiie l�uilibez• of Staxf # Registe�•ed 19. Services 1'�'ot�idect vy Contractor: �. P[ease p��ovic�e a detailed ]isting af all sers�ices tllat }�ozl�� coinpui}� psovides. b, Please detail your �ciox eapeiie�ice �vorku�g o�� similar �xojects 1a�iili Te�as gover�u�ieizt�l entifies. c. Ple�se detail yolir siinilar sez�t�ices pz�ovided ovei tlae �ast t�vo (2) ye�rs. d. Det��i1 clocumei�ted �i•oof of at ]east tl�►ee (3) {�rojects ii� the past iS��o (2) years. e. Please detail tl�ese sez�vices, including, the z�atttt•e of tl�e sei��iees �ro��idecl, the scope of tl�e �ctivities, the argwizatiozZS foz 1��lucl� tlle services tivere provided, tl�e d�tes of tJZe projects, and tl�e docuuiented be»efit to the go�rerrune�ital enti€y, 20. Has your com��any �`iled or been na���eci iii aii}J litigatioii iniToh�iiig 5�oi�r coz����siy 7Eld tlie O�vller on a contract �vitlii�i tl�e Iast fat�e years na�:dez� yvt�i• cl�rrezit coiil��ai�}� nanle oi• ��i}� o�liez� conlp�n}� i�ame? Zf so prot�ide deta� s of tlie 15st�es a►IC11'esolutio�l if available. Iiiclude la�vsuits whe�•e Otiv3�er tivas i��vo�ved, C� -- �- 21. Please �rovide ai least (3) tl�ree referettces (����eferrlbTF� r�rr.liliciprrlilies) �nd eo�Itr�ct auloui�ts. I�ichide �roject descriptiat�, col�t�et ��z��es, positioii, ���d org�i�izatioi� z��t�1�e aud telepf�oiie nu�l�ber fo�� each a•efe�'e3�ce listed. Sea att�cl�mei�t F. 22. IIave }�oll e3�ea• defaulted on or failed to enmplete 1 eoiltract uncie�• }roiu• cura•eut co�upaii}, �i�me ox �ii}� ot]ier conlpa�z}� natne7 If so, tivhere a�td �vh}!? Git�e lzauie aud telepl�.ozie nut��ber oi Ota�ner. ,. %� /�/ 23. $ave y�u ever liad � contract terii7inatecl by tlie Owl��ea�? ��so, rvhere �nd ���l�y? Gi��e zlame and telcpl�one nnmbex (s) of O�ti�l�ez (s). 2�, �ias 5iou� compa��}� impl�nieiited an Ei�zployee Henitl� and SafeLy Pa�ogram conil�]iant �vitli 29 CFR 1910 "Geuez'ai Ia�dustry Standaxds" and/ar 29 CFR 1926 "Geiier�l Construc[ion Standards" as tl�.e}� a�pl�� to your Coinpai�}�'s custozn�t•y acti��ities? hu��U4tir4�ry�� osha ���Is/osl�a�veb/otivas�•eli.sezreh form?�._doc l�e=STANDARDS&u_�oc �level=l�� keYv�lue=1926 PAGE 66 O� ftFP #49Q2 CITY �F DEN70N R�E' ANNlJAL CONTRACT FQR MOWING SERVIC�S .A.'�'TAC�INIENT J3 BUS�i�I�SS OV�Z2'VT�'Ui' QU�STX0�1i�tAIR.� A.N7� I'ORIV.C� 1, Contrachoz• I�s�me: `� � �,a �� � _ � � , 2, A,dtiress Pcinci al Place of Busi�iess : � (� ,� c � � l� �l _ �31�2 S � �k�� �1T�,� 7s 3, Daes }'011]' C017ij)�lly liav'ey aii established ph5�sic�1 preseilee in tlte State of Te��s, or Il�e Cii�� of � Del�ton? � �' � — fiir�.s��2� L:� — � }�� � f� � h.� �(J� 4, Ta� �a5�er ID#: �--�� �-{ -- � �"1 � os'" � � 5, �z��ail E�ddress o�Przmaty coiit�ct; ����� �-�. 1if�� . ��I� �--."', � 6, ��Je.vsile AddLess:�(� � �..� , � 1 �� • 6 r 7. Tele��Iione: � j "� � s � � — 0'�`� ( „ s. ra�: � U�-- ��'�. o-���. � 9. 0llaer Locations: ��,y�o .����,�` $�� � o, o����.��«��o�� cl�ss: Parfnersl�ip I».dx�c�iclual C o�•poz� � r� � E�SSOCic� �011 � J� o -�1 � `I�►2o � , �" l [. DateEst�tblished: �,�,�'l,� 12. �Ol'illel $i1Si]leSS �7at1��: 1 Y [. �1 13. Date of Dissohition: I ��, 1�, SilbSlCEIflY}� of: I'`j�,'�� I 5. �Tistorieally Uiicletatilized Bus�a�ess: �'es or � 16. Priiicipals�j�dOfficeis: ��L 1��,1�-5���=. Please detail respoi�sibilities zvitli #lie iYlt�ie of each princi�al or officer. 17. Ke}� Perso�u�el and Respansibilities: Piease detail t•esnonsibiiities �viflx tlie nau�.e of eacl� �CCy �essa��nel. PAG� 65 OF RFP #4942 CITY �F p�NTON RFP AN�IUAL CONTRACT FQR MOWII�G SERVEC�S ATTAC�M�i�IT C SA��TY RECORD QUES`�'T�NNAZS�� Tlie City of Dentoii ctesires to �v�il itself of tl�e be�zefits of Sectioil 252.0�435 of ttle �Local Go�lcrn�ilent Cocte, aud considcr tl�e ��fety zecords of potet�tial coz�tz•actors pi'io�• �o aii��rding bids oa� Cii}� conl�'acts, �'tiirsua«i to Sectio11252.0�}35 a£tlie Local Govern�zlenY Code, the Cit}� ot Dea�to�i ]las edopted the follo�vin� �vriiten ciefnitioll and criteria for accl�ratel�� defe��n�ining tlie safet}� reco�•d of a bidder p�•ior to a�vaE•cling bids on Citp C011t1'1CfS, Tl�e clefmitioi� au<t criteri� for determini��g tlxe safet�= recorti of a bidde�' for this consideration s1�a11 be: `S'axe Cif�� of T}e�fo�i sI�all considez� fl�e s�fety� 7•eeoi�cl of tJ�e l�idclers iii dete���iii�iiiig flee respoa►sibi]ii�T tl�ci�ea�'. Tlie Cif�' lilfl�� eo�aszcler �a�yr iizeiclettce i�1�t�o1`�izig �t�s�ox•lte�� s��'et3� oz• s��ef�� o£ the �ztucz�s of tlie Cit�r of Deaxtor�, Ue zt i•el�tecl oi• c�tusecl b;�� e�y�t�ironir�e�ii�l, uieclan»ic��, oZ�er�flon�T, sizZ�e��s�isia�l o�• an�� otl�ez� c�use oz� facfoi�. Specific;�lly, tTze Cii�� nias' covside�•, ��z�o»n ofliei• flii�igs: �, Compl�ints to, or fii�zl ortlet's ente�ed by, t�te Occttpatioil�tf Safet}� aud Healili Revie�v Cozninissioai (OSHRC), 8giil1lSt llle b.iClClel f01' v10�fltIO11s Oi OSE�t� regulatio��s within the �ast tlu•ee (3) years. �G �� �. Citatiotls (�ts defined belo��r) �coi�i aix Eti�'irom�leizl111'�'otectzon f�gency (�s defi��ed belo�v} �Or v1o.�1t1011S l�ritlli]1 tlJ.e �)ast �lVC �5� ��e�rs. Ein�ii'onnieizt�l �'iotection �1.gencies include, but are noC iiecessazil}T liiilifed to, tlie U.S. A���i3� Cor�s of Engi��.eers {UStaC�B}, tl�e U.S. �zsh �nd �Vildlife Service ([ISF��TS}, t3ie r�ac�i�oiuue�ital �'rotec#ion Age��cy (�pA), the Texas Cou�mission oi1 Et�vii•otu��elifal Qualit}r ('tC�Q), the Teaas N�ltiral Resonrce Coilsezvation Coi»u�issio}i (TNRCC) �le<lecessor i�o flie TCEQ), the "�e�as De�actmenf o� Healfh (`I'DH), the 'Z'exas Parks �nd ��lildlife 1�epartt��ea�k (TP�'��D), t}�e Stt't�ct�ual Pest Coufrol Bo�rd (SPCI3), agencies of Iocal goti�exa�rnents �espo�lsible £oz enfo��cii�g e�lviro��»1eizfal proiection ox ti��orker sa�etp related latti�s oi z'egt�lations, �ncl simzlar regulntory ageticies o£ otl�er states of tile U1�Ited �t�tes. Citations include xxotices of violatio�i, �iutices o.f enforceiiient, st�spe�lsion/rez�ocatioats af statL ar fedeial licezises or registiations, fines �ssessed, peaadia�g critnin�l coaitplaults, indictmelits, or eoiivictions, <�dn�ii�►isfrati��e ordet's, draL1 orders, fiital orders, anci judici�l iiizal jud�►��eilts. � � � c. Coz1`�zetions of a cz�i�nival offense zi�itl�iii t��e p�st ten {�0} ye�rs, »�l�ich �•est�lted in Uodily haz�i3� o�� de�t�i. � p� � d. t�r�}� otl�er safety �:el�ted matter deen�ed b3� the Cit}� Couaicil to be niateri�L iil detes'za�i3iiilg tlie res�onsibility o£ the bidder ai�<l his or her aUilitj� to perfori�i tl�e se�•vices os� goods requi�'ed by tli� bid dociin�ents i�� a safe e����iro��.nezit, P/�GE 87 OF RFP �F4942 CiTY OF p�.NTON RFP /�NNl1Al. CONTRACT FC7R MOWih�G SERVICES botli fox the �voc•kex�s �jld otl�er employees of i�i<ldez• and the citizens of tl�� Ciiy of Deutoz�. In order to obtaiii �roper ii�forii�aiion froiv aidders so tlaat City of De�ito�i z�1a}' consldeA� tl�e sa�ety ��ecords of ��otential contractors �rioz� to at3�a�.•ding bids on City C�33tTilCiS� Citp of Denton i�equires tliat badde��s �ls���er the �`011o1�ting tluee (3) q�testions and s«bazait ther�i tivith tl�eis bids: (���STTOi�T Oh':C l�as tl�e bidder, ox tl�e firui, corporation, ��arinershi�, or institntiozz re�rese�ited b}� the bxdder, or �n�y�orie �eting foa• sucii fir�u, corpor�tipn, p�rEt�ershi� ox� institutzoia, �'ecei��ed citations for ��iolations of USHA n�iihin the plst #Iu'ee (3) ��ea;�s� � ��ES N0� Xf the bidder has inclicaied YES ��l' CjLiGSt10111Z1tll1lJe1� oue �botJe, ��le L�ICjCleY 11111St �1'��'I�E t0 C.lf.}� of Dei�tan, �vith i�.s bid sttbia�issioi�, ti�e foIlo�sving i��foxz»ation tit�itl� �.'espect lo each suclz cifatio��: Date of offei�se, locafio�i of establisl�.►��ent it�spected, category aP offeilse, fi�lal dispositio�� of of�f.'ense, if auy, and penalfy assessed. nU�S'Z`�O\T T'4�S'0 $as fl�e biclder, or fl►e iirui, corpor�tion, ��a�'tnorshii�, Oi' J71Sf1tt1tI0Ja l'C]7l�esented b}� thc bidder, or a�iS���ie �cting f'or sucIi firin, coi•��orafio��, p�z•tuei'sliip ox� instit�Etio», i'ecei��ed cit;�tions foz•violatioiis of ein�iroiiinci;f�1 ��3•otectio3� I1ti��s oi• regulaiions, of �l�;y: Lzi��d o.x� t�'pe, tif�ifl�i�i tlic ��ast ���e 7�ena•s? Cit�tions iucliule �iofice oP'��iola{io��, zioficc �f e�iforceinent, slis��e►�sion/i•e�'oc�tiozis of st�tte or fedez�Ri liceaises, oi' z'egisfr;�tions, fii�es �ssessecl, gci�cli�lg c�•i�ui»:�l eomp��►ints, i�itliefinenis, oa• co�n�icfions, �dn�inisfi•�tis�e orciei•s, drtlft o��ctei•s, fi�ial orclai�s, nrul j•� die�inal jiidg�3xeufs. aBS NO �f the bidcler h�s ii2dieateci �'ES for ques#iox� riu3l�ber i�iro abo�f�, tlae biddex' must J�z�otricic ta City of Deiiton, �Vltll 1�S UlCI S[IUlIllSS1011� tYl� �4�I4�•1�1�t� 11�f01717at10111Z'1tI11fS1JCCt t0 eaC11 SUCI] CO7lV1Cf10]l: Daie of of.fense or occurrence, loc�tioii �vhere offe»se oCCU1��ecl, type of o�fet�se, �n�l dtspositio�l of offei�se, if an}�, a�ad ��ez�alfp assessed. QU�S'CZON T��R�� H�s flie bidder, or tl�e firm, cor�oiat'tat1, ��rt�iezship, or i��siitufioi3 repz'esented b)� bicider, or anyone acting for sttcli �1��1, eorpoa•ation, partne�sl�i�, ar ii7stitution, e��er l�een co�i�lictec�, ��lxtl�iii the pt�s# ten (10) �ears, of a criizziii�l affe��se ���43ic1; •esulted in serious bodily injil�}r or deati�? �'�S N�J PAGE 68 DF RFP #4942 CITY OF DENTON RFP ANNUAL GOfJTRAGT FOR MOWING S�RVIC�S If tlie bidder h�s i�idiclted I'�S :for q�iestioal i�umbei• three 1i�o�Te, t�ie bidder tiiEist pz�o��ide to City of Dento�l, �ti�itl� its bid subniission, the follolZli�lg info���t�atioi� w�ith respect to each sucl� cozivictioiz: Dt�te of o�fense, locatioa� tivl�exe of£ense occu�•��ed, t�Tpe of offense, �n11 disposifiol� of offei�se, if �ny, a11CI. �Jellr�lt}� assessed. �TT.A.CX-�14�S�NT D � R�F���NC�S P(ease list lh��ee {3) Govenvz�ent references, oflier fhan t]�e Cif}� of llenton, �vho can ��erif}� the. nunlily of ser��ice your CO1Tl�)illl)� provides. 1'he City ��refers cuslome�•s of sinular size �nd scope of �vork !o this propos�i. _ � . :R��'�'12�1rrtGS� OI`l� . ' : . G�VE�vI-fE\TlCOlii't�,NY NA\4E: � %� � � � Q �i� �- Ly v� LOCAT[O�I: �J��-- � � � - CO�T��C'1'PERSON AND T TLE; _. TEL�PHONE NTTI4B�R: • —..-,J.� � �` -� SCOP� OI� 1��OR7�; ��-�� � r�17� y/� , � I 1�.*Lh,��.}� '/ CO3�TRACT PERIOD: _ ...,_.. �.. ., _. . . .. . .., ... .. . . _ . .. _ . . : � -...��_ :.. .. :: ... .:::... ::.: : =.:: ...:.. .' .:=:S���i�C��I�FC�-T1'�?O �-:..:::::::_:i:::.,.' ,,.. _: : .' ... - . GOl��R�i�•IEyTlCO\Il'A�IY �IA1�IB: I,OCATIOI�: —__���-'���1 . �^-�� �... C0ITACT PERSON AI�ID TiTI,E: . `fELEPHONE,tUI�iBER: � l SCOl'� OI' S�'01tK: CON'1'RACT PERIOp: .. .,..._ .. .. - - . .. -- : _ _ - � . .:...,... ... �. ..._. • :..: . . . . .:. . . ... . _ .. . . --�..:. ..,_..:. ,.. :... ... --- :: � ... . . : .. . .. . ... . . .. . ..•..:.:. ; =�_ -R�S�'�it�'NC��'���: -:.:-,::".- �-:: .. ..-:. ...: GOVERi\l4�NT/CO\�IPt1NX IJA�fE: LOCriTION: C�NTACT P�RSOI� t�ND TITT��: _ T�T�EPHO�TE �UN18�R; .�_� SCOPk� OF 1VORl�: CON'7'RAC1' I'ERIOJ�: C �i �n�z � . . .. _ PAGE 69 OF RFP #4942 � ��i�� �'� ATTA.CHMEi�t'�' � CON�LICT O�' INT�R�ST QUESTIONNA[R� FORM CIC� I'or i�encior or ofiier erson doiu� biisiiless �ti7f�l IOC1I ,ovcrumental entift' 'I'hIs questioluitiire rellccts cb�iuges iu�de to tI�c ]a�}• b���T.13• f�t91, 30th 3�eg,,ltQg��l�e Sessioa�, orr•ic� us� o�r.v `Chis qucstionnaire is being filed iia accordance Zti�ith cliayter 176 of (he Locai Govecnutent Code by a person n,�z Rz.tt�-2d �t�lio l�as a vusiFiess i�elationship as defi�ied Uy Section 176.001(1-a} ���iElt a loc�l govexnmental entity �iid ti�a person meets - aequireme��ts undet• Section 17G.00G(a). By 1a�v tliis questiounaire m►ist Ue �iled �vidi the records ad�ni�}istrator oEtlie local go��ernrnent entit��iiot later tl�AU tl�e 7th business day after the date ti�e ��erson becoines a���nre af flcts Ihat require the slaten�en[ to be Gled. 5'ee Secfiou 17G,006, Loca[ Goveritnie�tt Cocte. r� perso�i cominits an offense if �he pe�son knotiving�y violates Section 176.00G, Locttl Government Code, rin offense tmder tliis section is a Class C misdenie�nor. 1 lnuic of persai ivfio h:ts n business �•clafionsliip ��•iU� ]ocnl gos�a•nmculni cuti(1'. 2 ❑ Chedc fhis bo� if }'ou ;n•c filing a�n upda(c io a preF�ioitslti� filcd qttcslimnmirc. {The la�i� requires lliat ��ou file an updated canplctcd questioimnire ��ili� the <�p�>ropriate filing ��dhoriq� not laler Ilmu Ihc 7'" Uusiucss dny 1(lcr ihe datc tl�c originally filed quasiiouanire becomes incontplcic o�' innccurala.} 3 lante oF toca[ go�-cmment off icer t��ilfi ��9�om fiter has �n emp(oyuic»t o�i io ss re[� onsh" , 1, nie oF f cer This section, (item 3 including suUparts R, B, C 3� F�), musi be Cornpfeled Fof aCh o(fi r�riih whom (he Gle� has an eniploymenE or other 6usiness relalionship �s deGned by Seclion 176_001(9-a), Local Government Cod�. Aitach addilional pages lo ihis �orm Clt� as necessary. A. Is lhe local government aflicer named in il�is section receiving or likefy to receive iaxabte income, oiher lhan inves[ment incortte, from lhe filer of the ques(ionnaire? � Yes �o F3, Is the filer of lhe queslionnaire receiving or[ikefy to receive faxable iiticorne, olher lhan investmeM iocome, from ot' al the directio�� o( the local govemmenl offtcer named in this secllon AND the laxable inconte is not received (EOm the locaf gouernmeniaf entiiy? � Yes � �o C. is ll�e filer of lhis queslionnafre employed by a corporalion or olher business entity vliih respect io which the local governmenf o(ficer ser�es as an officer or direclor, or holds an o��vnership of 10 percent or more? \I ` I � Yes No U. �escribe each a(filiaUon or business rafalionship. 4 Signaturn. of person doing business `vilh lhe governritenlal eniity Dale PAG� 70 OF R�P �4942 A.`z"�'ACHM�i�T T DISAD�TAI�I'�'A.��b BUSYI�IESS �Ci�'Z�17ATION Tlie City of Deuto�� �vilI ensure t��at purchases of equip�zieitt, u�ateri�ls, stlpplies, aixi /or ser�Jices comply ti��itll "Tetas Loc�l Go�rel�ziz��eiit Code 252,02�5, in regards to competititre requireine�lfs i�1 rclatioii to Dis�d�l�ntaged Bt�sii�ess Enferprises (ABE). Tlie Cit}r �a�ilt ensuie th�t alI I�roct�remeiit op��oreunities are cost effective, and co�lt��ibuta�le to tlie con�petitive�aess of the City, a�id iis customers. tlll P�•ocureiiiei3t acti�Jities u7i1� be eoztductec! ir� ai� open aia<l fair m�z�t�ex wliili ec�tial apportu��it5� p�-ovided for alI qualified pa�ties. The Cit�� of Deiltotl �vill pz�o>>itie equ�sl contractii�g op3�oa�tuz�ities as p�ov'tclec� b�f State and T'ederai la�v to s�z�a11 bl�siness e�iter��z•ises, Histo�ac�lly Ui�clerutilized B�ISi�Lesses, �rxct Disad��atkta�ed �usiness Ez�terpz•�ses. Tlie City of Dentoii e��cou��:�gcs all a���arded Contractors to seek c�nali�catioii as <� DI3E and/or tttilize DBE's as sub- contractot�s, tvliere feasible, to i»eet tl�e otrezall it�te�lt of il�e legislatio�l. Dis�tl�=;��ifa�ed �3usiuess ��tfer��rises (D�3�); are encotlraged to p�t�tici��ate 111 t�l� CitSr of De��.toai`s proci�remeut process. The Purcl�asiiig Departmeiit �vill p�ovide additiozial elariitcatio�z of s��ecificatioi�s, assistance �vitl� Pro��asal �'oz'ms, a�id fiia•t(�er e��l�ixatioii o� pz'ocnz�emei�t p�oeeciz�res to ttaose DBEs �vho reqttest it. Rep�•eseaztatzves fi•oni DB� coralpa�iies slxould ide��tif}J themsel�tres as sue3i ai�d sufjmft a ca���f of tl�e Certificztion. Tl�e Cit�r z�ecognizes tlie cez•tific�tioais of ilie St.ate o:f Te;�as Building �tid Procu��enieiit Coa�nnission ��(JB 1'xo�z�a�n. Al1 co�npanies seeking i»fro�'iziation co��cer�ung DB� ce�•ii�catiaz� a�•e t�rged to coz�t�ct. State of Te�as HUB Program —TPASS Divisio�i PO I3ox 130�7, E11�stii�, T�Y 78711-3047 {512) 463-5872 or (S88) 863-SS81 or http'//��r�Yw �t�indow state.tx.us/�ro�uren�ent/pro rll�. lll�f Insfi•uctions; Tf }�our compan}� is alxead�r certified, attach a co�y of }�our certification to tl�is form aiid retz�z���. �vitl� tlie stlb�nission. If ��ot�r eompai�y is not �lre�d}� cert��'iec3, and could be cofisidez•ecl as nleeting certific�tion z�eqi�izex��cz�ts, please use tlae �a�eb link to obtain such. If you a�•e subrliitting a respai�se and plan to tztilize D73,F,'s, t}iei� use the fori�i belo�v to icien[ify the bijsiitess �nd include tlae busit�ess HU]� certifi,�ati�i, CO\�IPt1TI1' ���ivlE: REPRESEI�TTFITIV�: ADD7ZrSS: CITY, STATE, 7IP: TELEPI-IO�iE N0. �AY I��O , Indic�te �ll that nppl�r; Nliuorit��-O�vned Busi�iess �nterprise u�oz�ien-0����ied Busitiess ��lterprise Disart�fantagecl Bnsitiess ��ltez•prise PAG� 71 OF RFP �4942 EXHIBIT B CITY OF DENTON INSURANCE REQUIREM.�NTS FOR C�NTRi4CTORS Bidtler's attention is clirected to the insurance requirements below. It i,s highly recommen�led that bidders confer with their respective insurance carriers or brokers to deterrrcine in advc�nce of Birl submission the availability of insurance certificates an� endorsements crs prescrified and provided herezn. If an apparent low bitic�er fails, to comply str�ictCy with the insairance requirements, that bicltler may be disquc�lzfiecl from c�ward of the contract. Upon bicl awccrd, all insurance requirements shall become contractual obligations, which the successful bidcler shall have a duty to maintc�in throughbut the course of this contract. STANDARD PROVISIONS: Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted work has been completed and accepted by the City of Denton, Owner, the minirraum insurance coverage as indicated hereinafter. As soon as practicable after� notification of bid awczrd, Coni�t�actor shall file with the Pacrchasing Department satisfactory certificates of inszcrance, containing the bid number and title of the project. Contractor may, upon written request to the Purchasing Department, ask for claYification of any insurance requirements at any time; however, Contractors are strongly advised to make such requests prior to bid opening, since the insurance requirements may not be modified or waived after bid opening unless a written exception has been submitted wzth the bid. Contractor shall not commence any work or deliver any material acntil he or she receives notification that the contract has been accepted, approved, and szgnecl by the City of Denton. All insairance policies proposed or obtainecl in sc�tisfaction of these requirements shall comply with the follovving general specifications, and shall be maintained in compliance with these general spec�cations throughoz�t 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- VII or better. • Any deductibles or self-insured retentions shall be declared in the bid proposal. If requested by the City, the insurer shall reduce or eluninate 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 EXHIBIT B suit is brought. The inclusion of more than one insured shall not operate to increase the insurer's limit of liability. • Cancellation: The City requires 30 day written notice should any of the policies describecl on the certificate be cancelled or materictlly changed before the expiration date. e 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 th� contract term which give rise to clairns 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, EXHiBIT B SPECIFIC ADDITIONAL INSURANCE REQUIREMENT5: All insurance policies proposed or obtainec� in satisfaction of this Contract shall additionally comply with the following marked specifacations, and shall be maintained in compliance with these additional specafications throughout the clurc�tion of the Contract, or longer, if so noted: [X] A. General Liability Insurance: General Liability insurance with combined single limits of not less than $500,D00.00 shall be provided and maintained by the Contractor. The policy shall be written on an occurrence basis either in a single policy ar in a cornbination of underlying and umbrella or excess policies. If the Commercial General Liability form (ISO Form CG 0001 current edition) is used: Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual liability covering this contract and broad form property damage coverage. Coverage B shall include personal injury. Coverage C, medical payments, is not required. If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) is used, it shall include at least: Bodily injury and Property Damage Liability for premises, operations, products and completed operations, independent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures. Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability. [X] Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than $250,000.00 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. EXHIBIT B [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 far the City by the Named Insured. For building or construction projects, the Contractor shall comply with the provisions• of Attachment 1 in accardance 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 far property damage and bodily injury which may arise i� the prosecution of the work or Contractor's operations under this contract. Coverage shall be on an "occurrence" basis, and the policy shall be issued by the same insurance company that carries the Contractor's liability insurance. Policy limits will be at least combined bodily injury and property damage per occurrence with a aggregate. [ ] Professional Liability Insurance Professional liability insurance with limits not less than per claim with respect to negligent acts, errors or omissions in connection with professional services is required under this Agreement. [ ] Builders' Risk Insurance Builders' Risk Insurance, on an All Risk form for 100% of the completed value shall be provided. Such policy shall include as "Named Insured" the City of Denton and all subcontractors as their interests may appear. [ ] Commercial Crime Provides coverage for the theft or disappearance of cash or checks, robbery inside/outside the prernises, burglary of the premises, and employee fidelity. The employee fidelity portion of this coverage should be written ori a"blanket" basis to cover all employees, including new hires. This type insurance should be required if the contractar has access to City funds. Limits of not less than. each occurrence are required. EXHIBIT B [ ] Additional Insurance Other insurance may be required on an individual basis far 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 B ATTACHMENT 1 [X] Workers' Compensation Coverage for Building or Construction Projects for Governmental Entities A. Definitions: Certificate of coverage ("certificate")-A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, far the duration of the project. Duration of the project - includes the time from the beginsung .of the work on the project until the contractor's/person's work on the proj ect 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 ar materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as foodlbeverage vendars, ofiice 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 awaxded 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 tlie coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: 1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and EXHIBIT B 2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or perso�al delivery, within 10 days after the contractor knew or should have knoum, 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, forin and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: 1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; 2} provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; 3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shoum 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, priar to the other person beginning work on the project; and b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; 6) notify the governmental entity in writing by certified mail 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 EXHIBIT B 7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) -(7), with the cerkificates 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 a11 employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements tivill 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 subj ect the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The contractor's fa.ilure to comply with any of these provisions is a breach of contract by the contractor which entitles the govemmental 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 govemmental entity. EXHIBIT C CONFLICT OF INTEREST QUESTIONNAIRE For vendor or other person doina business with local aovernmental TMis questionnaire reflects changes made to the law by H.B. 1491, 80th Leg., Regular Session FORM CIQ 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 s�atement 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 wfiom 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? � 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 o�cer 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 Adopted 06/29/2007 �� TIBHI-2 OP Id: RA '4� °� °� CERTIFICATE OF LIABILITY INSURANCE DATE�MM/D�/YYW) 09I11/12 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL 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 certiflcate does not confer rights to the certificate holder in lieu of such endorsement(s). 512-477-6745 N�EACT PRODUCER " Wm Gammon Insurance 512-469-0443 PHONE Fnx 1615 Guadalupe ac No Ext : A/C No : Austin, TX 78701 E-MAIL William Gammon III ADDRESS: . INSURERISI AFFORDING COVERAGE NAIC # INSURED TIBH Industries, �11C. J. Randy Bassett 1011 E. 53rd 1/2 St Austin, TX 78751 ��1 � 1 �� �V �,�tll �'1 Allmerica Financial Benefi[ In Hanove� Lloyds Ins Co 1602 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR 7ypE OF INSURANCE A�DL SUB pOLICY EFF POLICY EXP LIMITS LTR POLICYNUMBER MMlDDlYYYY MMlDD/YYYY GENERALLIABILITY(� � EACHOCCURRENCE $ 'I,OOO,OOO / B X COMMERCIAL GENERAL LIABILITY � ZLD911617801 ✓ 04125/12 04/25/� 3 pREMISES Ea oc urrence $ 500,000 CLAIMS-MADE a OCCUR � MED EXP (Any one person) 3 5,�00 PERSONAL & ADV INJURY $ 'I,OOO,OOO GENER4LAGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/0P AGG $ Z,ODO,OOO POLICY PR�� X �oc Emp Ben. $ 1,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accidenl S ANY AUTO BODILY INJURY (Per person) $ ALLOWNED SCHEDULE� BODILYINJURY(Peraccident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ HIREDAUTOS AUTOS Peraccident $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ Z,OOO,OOO B EXCESS LIAB CIAIMS-MADE UHD911617701 04/25/12 04/25/13 AGGREGATE $ 2,���,00� DED X RETENTIONS NIL $ WORKERSCOMPENSATION X WCSTATU- OER AN� EMPLOYERS' LIABILITY A ANY PROPRIETOR/PARTNER/EXECUTIVE Y� N W2D911560201 `/ O4/25/12 O4/25/13 E.L. EACH ACCIDENT $ SOO,OOO OFFICER/MEMBER EXCLUDED? � N I A (MandatoryinNH) E.L.DISEASE-EAEMPLOYE $ 500,00� If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE-POLICY LIMIT $ SOO,OOO B Prop Special-RC ZLD9116178D1 04/25/12 04/25/13 Building 1,438,00 B Business Income ACTUAL LO55 SUSTAINED Deductble 2,500 DESCRIPTION OF OPERAT10N5/ LOCATIONS / VEHICLES (Attach ACOR0101, Additional Remarks Schedule, if more space is required) Ci o Denton is addit�i al insured per bla�ket automatic additional insured endorse en trr�--� hat provides additional msured status to the certificate holder only when there is a written contract between the insured and certificate holderthat requires such status per form 421-0288� Reference RFP #4942 - Mowing Services� City of Denton `/ 901-B Texas Street Denton, TX 76201 ACORD 25 (2010/05) CITYDEN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZEU REPRE5ENTATIVE % ✓f��J//��) � f .�'�/v ^- w[t.��� "^^'^^� -W /! ! O 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ✓ ,� � i �� TIBHI-1 �P ID: BM q���O'� DATE (MM/DD/YYYY) �� CERTIFICATE OF LIABILITY INSURANCE 09I13/12 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE CQVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE 15SUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the ce�tiTicate holder is an ADDITIONAL 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 certificate does not confer rights to the certificate holder i� lieu of such endorsement s. PRpOUCER Phone: 512�54-5266 NAMEaCT Ed Weeren Insurance Agency Inc Fax: 512�54-3819 Pp�NNo E t• A/C No : P. O. Box 14444 Austin, TX 78761 E-MAIL ADQRESS: Ed Weeren ' INCIIRFRfSI dFFOR�ING C�VERAGE . NRIC !� INSURED 7.I.B.H. Industries, Ino. Attn: Jennifer Brown 1011 East 53 1l2 Street Austin, TX T8751 , iNSUaeRA:Travelers Commercial � � INSURER B : � ``�f�'] INSURER C : ����� INSURERD: COVERAGES CERTIFICATE NUMBER: REVI510N NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUE� TO THE INSURED NAMED ABDVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANV CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUECi OR MAY PER7AIN, THE INSURANCE AFFORDED BY THE POLICIES OESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLU510NS AND CaNQITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, �L� POLICY FF POLICY E%P L1MR5 TYPE DF INSURANCE pOLICY NUMBER MM1DDlYVYY MM1DDfYYYY GENERAL LIABILITY � EACH OCCURRENCE S COMMERCIAL GENERAL LIABILiTY PREMISES Ee occurrence s CIAIMS-MADE � OCCUR MED EXP (My ona person) S PERSONAL 8 ADV INJURY i GENERALAGGREGATE i GEM'l AGGREGATE LIMfT APPLIES PER: PRODUCTS - COMPIOP AGG $ POLICY PR� � LOC � AUTOMOBILE LJABILI7Y ✓ / / COb181NED SINGLE LIMIT �,ODO DO 6a accident S � A X ANY AUTO ✓ X BA-8323X526'� 0510�11 Z U5/01f 13 BOOILY INJURY {Per peraon) 5 ALL OWNED SCHEDULE� BOOILY INJURY (per accidenty S AUTOS NON�OWNE� Pe�acudanOAMhGE $ HIRED AUTOS AUTOS $ UMBRELI.A �IA9 OCCUR EACH OCCURRENCE � S E7(CESS LIAB CLAIMS�YIAOE AGGREGATE S DED RETENTION 5 � WORKERS COMPENSATON WC STATU- OTH- AND EMP�OYERS' LIABILITY T ANY PROPRIETORIPARTNERIEXECUTIVE Y( N E.L. EACH ACCIOENT 5 OFFICERIMEMBER EXCLUDED? � N 7 A (Mandatory in NH) E.L. DISEASE -EA EMPLOYEE S If yes, descrfbe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT 5 4 DESCRIPTION OF OPERATtONS 1 LOCATIONS ! VEHICLES (Aqach ACOR�1�101, Addltlonal Remarka Schedule, If moro sp�cs la requlred) Project: RFP #4942-Mowing services � City of Denton � 901 B Texas Street Denton, TX 76029 ACQRD 25 (2D10I05) CITYDEI �[�l'J SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EKPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORI2ED REPRE8ENTATIVE � C.�C.�-�./'� � Ci�./ OO 1988•2010 ACORD CORP�RATION. All rights reserved. The ACORD name and logo are registered marks of AC�R� POLICY NUMBER: COMMERCIAL AUTQ ISSUE DATE: - - THIS ENDORSEMENT GHANGES THE POLICY. PLEASE READ fT CAREFULLY. TEXAS CANCELLATION PR4VISION OR C4VERAGE GHANGE ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM M�T�R CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, fhe provisions of the Coverage Form apply unless modi- fied by the endorsement. SCHEDULE Number of Days' Notice 30 J Name Of Person Or Organization City of Denton 401B Texas Street Address Denton, TX 76029 If this policy is canceled or materially changed to reduce or restrict coverage, we witl mail notice of cancellation or change to the person or organization named in the Schedule. We will give the number of day's notice indicated in the Schedule. CA 02 44 06 04 8 ISO Properties, Inc., 2003 Page 1 of 1 CONTRACT BY AND SETWEEN CITY OF DENTON, TEXAS AND RFP NO. 4942 THIS CONTRACT is made and entered into tlus 7 day of AuarLlSt A.D., 2012, by and between Firehouse 22., a corporation, whose address is 1818 Greenwood Drive, Denton, TX 76209, hereinafter refened to as "Contractor," and the CITY OF DENTON, TEXAS, a home rule illuiucipal corporation, hereinafter referred to as "City," to be effective upon approval of the Denton City Couiicil 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 herein, and for the mutual benefits to be obtained hereby, the paxties agree as follows: I. SCOPE OF SERVTCES Contractor shall provide all labor, supervision, materials and equipment necessary for RFP4942- Annual Contract for Mowing Services-Proposal E-Cemetaries. These products and services shall be provided in accordance with the Specifications for RFP 4942, a copy of which is on file in the office of the Purchasing Agent, and the Contractor's Bid in response thereto, a copy of which is attached hereto and incorporated herein for all puiposes as Exhibit "A". The Cont�act consists of this written agreement and the following items which axe attached hereto aiid incoiporated herein by reference: (a) Specifications for RFP 4942; (On file in the office of the Purchasing Agent) (b) Contractor's Bid. (Exhibit "A"); (c) Insurance Requirements. (Exhibit "B"); (d) Form CIQ — Conflict of Interest Questionnaire (Exhibit "C"). 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 iii any of the provisions of the Contract documents, the inconsistency or conflict sha11 be resolved by giving precedence first to the written agreenlent then to the contract documents in the order in wluch they are listed above. These docuinents shall be referred to collectively as "Contract Documents." II. TIME OF COMPLETION Contractor agrees and covenants that all worlc hereunder sha11 be complete within 14 days followi�lg notice to proceed from City. Or III. TERM OF CONTRACT The initial terin of this Contract shall be one year from date of contract execution unless otherwise stated. The City and tl�e Awarded Coiztractor shall llave the option to automatically renew this contract for four (4) additional one year periods IV. WARRANTY Contractor wanants and covenants to City that all goods a.nd services provided by Coiltractor, Contractor's subcontractors, and agents under the Agreement shall be fiee of defects aizd produced and performed in a skillful and worlcmanlilce manner and shall comply with the specifications for said goods and services as set foi�th in this Agreement and the Bid Specifications 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 worlcmanship, for a period of tluee (3) year corrunencing on the date that City issues final written acceptance of the project. V. PAYMENT Payinents hereunder shall be made to Contractor following city's acceptance of tl�e worlc and within thirty (30) days of receiving Contractor's invoice for the products and services delivered. Coinpensation under this contract shall be based upon the mowing cycle pricing for Proposals E- Cemeteries attached as Exhibit A. Contractor recogiuzes that this Contract shall corrunence upon the effective date herenl and continue in full force and effect until termination in accordance with its provisions. Contractor and City herein recognize that the continuation of any contract after the close of any given fiscal year of the City of Denton, Which fiscal year ends on September 30th of each year, shall be subject to Dei�ton City Council approval. In the event that the Denton City Council does not approve the appropriation of fimds for this contract, the Contract shall terminaie at the end of the fiscal year for wluch funds were appropriated and the parties shall have no further obligations hereunder. VI. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC Contractor sha11 at all tunes exercise reasonable precautions for the safety of einployees and others on or near the work and sha11 comply with all applicable provisions of Federal, State, and Municipal safety laws. The safety precautions actually taken 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 unforeseeii circumstances in the prosecution of the same, or from unusual obstructions or difficulties which may be encountered ii1 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 dainages (including loss of use), losses, demands, suits, judgments and costs, including attorney's fees and expenses, in any way arising out of, related to, or resulting from the services provided by Contractor under this Agreement or caused by the negligent act ar oinission or the intentional act or omission of Contractor, its officers, agents, employees, subcontractors, licensees, invitees or any other tlurd parties for whoin Contractor is legally responsible (hereinafter "Claiins"). 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 this Contract, the City sha11 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 Ciry 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 retauz defei�se counsel within seven (7) business days of City's written notice that City is involcing 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 sha11 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 manner 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 promptly notify City in writing. X. VENUE The laws of tlie State of Texas shall govern the interpretation, validity, performance and enforcement of this Contract. The paxties agree that this Contract is performable in Denton Couiity, Texas, and that exclusive venue shall lie in Denton County, Texas. XI. ASSIGNMENT AND SUBLETTING Contractor agrees to retain conhol and to give full attention to the fulfillinent 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 warlc will be sublet to anyone objectionable to City. Coiltractor further agrees that the subletting of any portion or feat�ire of the woric, or materials required in the perfoni7ance 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 Contractor is an indepeiident contractor and not an officer, agent, servant or employee of City; that Contractor shall have exclusive control of an exclusive right to cont�ol the details of the worlc performed hereunder and all persons performing saine, 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, ageiZts, employees, contractors, subcontractors and consultants, and nothing herein shall be construed as creating a partnership or joint enterprise between City and Contractor. XIII. INSURANCE AND CERTIFICATES OF INSURANCE Contractor shall procure and maintain for the duration of the contract insurance coverage as set forth in the Insurance Requirements marlced Exhibit "B" attached hereto and incorporated herein by reference. Cont�actor 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 froin 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 Coiitractor 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 tiine 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 coiZt�ary to any rule or regulation having the force and effect of the law, such decisions shall not affect t11e remaining portions of the Contract. However, upon the occlurence of such event, either party may termiiiate this Contract by givulg the other party thirty (30) days written notice. XVII. TERMINATION Either party may, at its option, with or without cause, and without penalty or prejudice to any other reinedy it may be entitled to at law, or ui equity or otherwise under tlus Contract, termiiiate fi.trther worlc wider this contract, in whole or in part by giving at least thirty (30) days �rior written izotice thereof to Contractor with the understanding that all services being termulated shall cease upon the date such notice is received. XVIII. ENTIRE AGREEMENT This Contract and its attachments embody the entire agreement between the parties alid 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 maruier any of the terms and conditions hereof. XXTI. RIGHT TO AUDIT The OWNER shall have the right to audit and malce copies of the boolcs, records and computations pertainiilg to this agreement. The CONTRACTOR shall retain such books, records, documents and other evidence pertaining to this agreement during the contract period and 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 taslcs 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 pei-taining to this agreer�ent, and to allow the OWNER similar access to those documents. 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 overpayinent of 1% or greater. If aai 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 business days of receipt of an invoice. Failure to comply with the provisions of this section shall be a nlaterial breach of this contract a�1d 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 const�ued to include drafts and electroiuc files, even if such drafts or electroilic files are subsequently used to generate or prepa.re a final printed document. IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. CON CTOR t BY: � C.S� ' OWNE (SIGNATURE) Date: � � y." ��• Naane: Y\�• IPr � �R � �{�� ws�lZ Title: CLi.�1�2iZ' l ��Sa C��,ti wc�cx�. �r ��lY1AILII�A,DI���S�� c� -�i�-+� c � � � L/' '�`�7 �'7 �3 PHONE NUMBER FAX NUMBER �� 1d.t PRINTED NAME CITY OF D TO , BY: � CITY MANAGER DATE: � DEPARTMENTAL APPROVAL APPROVED AS TO LEGAL FORM ANITA BURGESS, CITY ATTORNEY BY: R / o � DATE: ����. Exhibit A CITY �F DENTON RFP FOR ANNUAL CONTRACT �OR MOWiNG SERVICES SOLICITATION CHECKLIST Checklist for RFP #4942 Title: Annual Contracf for Mowing Services Opening Date: 5/2912012 at 2:00 PM Contractor Name and Address; RENE SALDlVAR 9818 GREENWOOD DR DENTON TEXAS 76269 Contact: RENE SALDfVAF2 iX Taxpayer V{N#: 320119031171 Pfione2'14 797 7203 Fax: NIA Emaii: FIREBULL22@AOL.COM 1. Submit one (�) original and two (2) WRITTEN copies of submittal (REQUIR�p) ^X a, Submit Wriften Proposal by courier, hand delivery, or mail___,X b. Exhibit 1-Excel Pricing Sheet, Review, compiete, and return X 2. Email �xhibit 1 in Excel farmat to ebids ,cityofdenton.com 3, Submittal Content (Meef Secfion IV) � Review ail requlremenEs _,X • Ensure your #irm meets all stated minimum requirements X • Documentation included to supporf the evaluation criteria. X • Company Informafion _K • Relevant �xperience and Qualifications �X • Qua[ity Assurance ! Quality Confro! X____ • Litigation History Staternent X_ • Addendum(s) f2eviewed and return X � Attachment A, Review X_ • AtEachment B, NOT APPLICABLE • Attachment C, Review, compleie, and return X • Attachment D, Not Applicable • Attachment E, f2eview, complete, and return X • Attachment F, Review, complete, and return X � Attachment G, Review, complete> and return X � Afiachment H, Review, complete, and return X • Attachment I, Review, compiete, and return __ X_ • Aftachmenf J, Review, complete, and return X pAGE 3 OF RFP #4942 ��`� J � `'�,. � * J� Exhibit 1 � U RFP 4942 Pricing Sheet for Contract for Mowing Services The respondent shall complete the fo/lowing secrion, which directly corresponds to Section /ll - Scope of Services, and Section Vl, Payment and Performance PROPOSAL Annual RFP Amount PROPOSAL A - LIBRARIES ..y CLASS A $ q 8 PROPOSAL B- CITY PARKS 3� c�a,ss B � l "?� y�13 � PROPOSAL C - CITY MEDIANS & RIGHT-OF-WAYS NORTH CLASS B $ �I,j 7 y� PROPOSAL D - FIRE .+ - STATIONS CLASS A& B � 70�"� �i,� sr�.�<a%�� ,��, �1 ��� ; oT�-� 8�P8 PROPOSAL E - CEMETERIES CLASS B $ � �I �Ob PROPOSAL F - ELECTRICAL SUBSTATIONS CLASS A& B $ ap 7 PROPOSAL G - WATER RECLAMATION CLASS A & C $ /LJ � PROPOSAL H - CODE ENFORCEMENT $ /�% � GRAND TOTAL $ 3 �'i (9 ��1 �j � Q��,��; s� 1�— C� ���l�r � E�. Class B Mawing RFP 49�2 Pricing Sheet for Contract for Moweng Services The respondent shall complete the fo!lowing section, which directly corresponds to Section Ill - Scope of Services, and Section Vl, Payment and Performance CEMETERIES GROUNDS: For Mowing of Weeds and Grass on City Medians and Lots Within The Corporate Boundaries of The City of Denton, Texas, per all terms, conditions and specifications herein. � Size Est. # of Bid / Mowing Sife location Class (p►cres) Cycles Cycle Annual Bid IOOF TurF B 25 20 $ �7� $ L>' �t �.,`),� Oakwood Turf B 13 20 $ �� �� $ a y, �ot� IOOF Litter Control B 25 20 $ ��j $��j �� Oakwood Litter ContrQl B 13 20 $ �,� -7 �� Est. # of BidlMowing Planter Bed Nlaintenance Class Size (Sq.Ft) Cycles Cycle Annual Bid IOOF Beds B 561 20 $ t�, $��� � Oakwood Beds - Flag poles B 150 20 $ ��� $��;)~ IOOF Color Bed Change B 361 20 $ �' °� $� f� '` �r ' '� 'J Alternate Items for fu#ure consideration: Totals for Cycles and $ $ Annual Bid j ��.� � � , ;�dp• Contractor shall submit separate per cycle mowing bids and per cycle planter bed maintenance bids. Per cycle planter bed maintenance costs shall include shrub trimming three.times per year (as per specifications) and three applications of turf fertilizer (as per specj cations). ° f C �v����t c i �� r� �c� I(�� y ol 3��+ l�`� �� CITY OF DENTON RFP ANNUAL CONTRACT FOR MOWING SERVICES ATTACHMENT B BUSINESS OVERVIEW QUESTIONNAIRE AND FO�2MS 1. Contractor Name: RENE SALDNAR 2. Address (Principal Place of Business): 1818 GREENWOOD DR DENTON TX 76209 3. Does your company have an established physical presence in the State of Texas, or the City of Denton? YES 4. Tax Payer ID#: 32019031171 5. Email Address of Primary contact: FIREBLTLL22@AOL.COM 6. Website Address: N/A 7. Telephone: 214 797 7203 8. Fax: N/A 9. Other Locations: N/A 10. Organization Class: Partnership Individual X Corporation Association 11. Date Established: 2004 12. Former Business Name: N/A 13. Date of Dissolution: N/A 14. Subsidiary o£ N/A 15. Historically Underutilized Business: Yes or No NO 16. Principals and Officers: RENE SALDNAR Please detail responsibilities with the name of each principal or officer. 17. Key Personnel and Responsibilities: RENE SALDIVAR OWNER Please deta3l responsibilities with the name of each key personnel. 18. Number of Personnel by Discipline: 3 TO 6 PAGE 65 OF RFP #4942 CITY OF DENTON RFP ANNUAL CONTRACT FOR MOWING SERVICES Discipline Number of Staff # Registered 19. Services Provided by Contractor: a. Please provide a detailed listing of all services that your company provides. b. Please detail your prior e�erience working on similar projects with Texas gbvernmental entities. c. Please detail your similar services provided over the past two (2) years. d. Detail documented proof of at least three (3) projects in the past two (2) years. e. Please detail these services, including, the nature of the services provided, the scope of the activities, the organizations for which the services were provided, the dates of the projects, and the documented benefit to the governmental entity. 20. Has your company filed or been named in any litigation involving your company and the Owner on a contract within the last five years under your current c.ompany name or any other company name? If so provide details of the issues and resolution if available. Include lawsuits where Owner was involved. 21. Please provide at least (3) three references (preferably municipalities) and confract amounts. Include project description, contact names, position, and organization name and telephone number for each reference listed. See attachment F. 22. Have you ever defaulted on or failed to complete a contract under your current company name or any other company name? If so, where and vvhy? Give name and telephone number of Owner. 23. Have you ever had a contract terminated by the Owner? If so, where and why? Give name and telephone number (s) of Owner (s). 24. Has your company implemented an Employee Health and Safety Program compliant with 29 CFR 1910 "General Industry Standards" and/or 29 CFR 1926 "General Construction Standards" as they apply to your Company's customary activities? http://www.osha.�ov/pIs/oshaweb/owasrch.search form?p doc type=STANDARDS&p toc _level=l&� keyvalue=1926 •; .. •��,3' :�.,p CITY OF DENTON RFP ANNUAL CONTRACT FOR MOWING SERVICES ATTACHMENT C SAFETY RECORD QUESTIONNAIRE The City of Denton desires to avail itself of the benefits of Section 252.0435 of the Local Government Code, and consider the safety records of potential contractors prior to awarding bids on City contracts. Pursuant to Section 252.0435 of the Local Government Code, the City of Denton has adopted the following written definition and criteria for accurately determuung the safety record of a bidder prior to awarding bids on Ciiy contracts. . The definition and criteria for determining the safety record of a bidder for this consideration shall be: The City of Denton shall consider the safety record of the bidders in determining the responsibility thereof. The City may consider any incidence involving worker safety or safety of the citizens of the City of Denton, be it related or caused by environmental, mechanical, operational, supervision or any other cause or factor. Specifically, the City may consider, among other things: a. Complaints to, or fmal orders entered by, the Occupational Safety and Health Review Commission (OSHRC), against the bidder for violations of OSHA regulations within the past three (3) years. b. Citations (as defined below) from an Environmental Protection Agency (as defined below) for violations within the past five (5) years. Environmental Protection Agencies include, but are not necessarily limited to, the U.S. Army Corps of Engineers (USACOE), the U.S. Fish and Wildlife Service (CTSFWS), the Environmental Protection Agency (EPA), the Texas Cominission on Environmental Quality (TCEQ), the Texas Natural Resource Conservation Commission (TNRCC) (predecessor to the TCEQ), the Texas Department of Health (TDH), the Texas Parks and Wildlife Department (TPWD), the Structural Pest Control Board (SPCB), agencies of local governments responsible for enforcing environmental protection or worker safety related laws or regulations, and similax regulatory agencies of other states of the United States. Citations include notices of violation, notices of enforcement, suspension/revocations of state or federal licenses or registrations, fines assessed, pending criminal complaints, indictments, or convictions, administrative orders, draft orders, fina.l orders, and judicial final judgments. c. Convictions of a criminal offense within the past ten (10) years, which resulted in bodily harm or death. d. Any other safety related matter deemed by the City Council to be material in deternlining the responsibility of the bidder and his or her ability to perform. the services or goods required by the bid documents in a safe environment, both for the workers and other employees of bidder and the citizens of the City of D�nton. PAGE 67 OF RFP #4942 CITY OF DENTON RFP ANNUAL CONTRACT FOR MOWING SERVICES In order to obtain proper information from bidders so that City of Denton may consider the safety records of potential contractors prior to awarding bids on City contracts, City of Denton requires that bidders answer the following three (3) questions and submit them with their bids: QUESTION ONE 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 OSHA within the past three (3) years? YES NO X If the bidder has indicated YES for question 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, l�cation of establishment inspected, category of offense, fmal 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, fnes assessed, pending criminal complaints, indictments, or convictions, administrative orders, draft orders, final orders, and judicial final judgments. YES NO X If the bidder has indicated YES for question number two 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 or occurrence, location where offense occurred, type of offense, final disposition of offense, if any, and penalty assessed. QUESTION 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, of a criminal offense which resulted in serious bodily injury or death? YES NO X If the 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 offense, fmal disposition of offense, if any, and penalty assessed. PAGE 68 OF RFP #4942 CITY OF DENTON RFP ANNUAL CONTRACT FOR MOWING SERVICES ATTACHMENT D REFERENCES Please list three (3) Government references, other than the City of Denton, who can verify the quality of service your company provides. The City prefers customers of similar size and scope of work to this proposal. REFERENCE ONE GOVERNMENT/COMPANY NAME: DENTON COUNTY LOCATION: HWY 288 CONTACT PERSON AND TITLE: DEREK DEAN TELEPHONE NUMBER: 940 349 2970 SCOPE OF WORK: MOWING, LANDSCAPE, MAINTENANCE CONTRACT PERIOD: 2007 TO PRESENT REFERENCE TWO GOVEItN-MENT/COMPANY NAME: CITY OF DENTON LOCATION: 901 B TEXAS ST DENTON TEXAS 76209 CONTACT PERSON AND TITLE: RUSSEL KOCH TELEPHONE NUMBER: 940-349 8412 SCOPE OF WORK: MOWiNG LANDSCAP]NG CLEAN UP CONTRACT PERIOD: 2007 TO PRESENT REFERENCE THItEE GOVERNMENT/COMPANY NAME: IIvIMACULATE CONCEPTION CHURCH LOCATION: BONNIE BRAI DENTON TEXAS CONTACT PERSON AND TITLE: JOE KETCTIUM TELEPHONE NUMBER: 940 300 9797 SCOPE OF WORK: MOWING LANDSCAPING PLANTING CONTRACT PERIOD: 2009 TO PRESENT PAGE 69 OF RFP #4942 ATTACHMENT E 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 filed 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 tbe 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 Secrion 176.006, Local Government Code. A person commits an offense if the person knowingly violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor. 1 Name of person who has a business relations6ip with local governmental entity. RENE SALDIVAR 2 ❑ 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 authoriry 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, (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 questionnaire7 0 Yes 0 No 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 taxabie income is not received from the local governmental entity? 0 Yes 0 No 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 NO � D, Describe each affiliation or business relationship. 4 RENE SALDIVAR MAY 29 2012 Signature of person doing business with the governmental entity Date PAGE 70 OF RFP #4942 Firehouse 22 Equipment List — May/29/2012 (2) Landscape Trailers 16x5" (3 ) Trucks (3) Z-Turn Mowers ( 60in, 54in, 48in ) John Deere, Dixie Chopper, Bobcat (6) 21 in Toro Push Mowers (10) Stihl Weed Eaters (2) Sthil Edgers (3) Trimmers Hedge — (2) Stihl (1) Echo (6) Back Pack Blowers (4) Stihl —(2) Ecbo 32in Walk behind mower — Toro 48in Walk behind mower — Toro (8) Green vest safety (10) Orange Cones Rene Saldivar ATTACHMENT F DISADVANTAGED SUSINESS UTILIZA�ION The City of Denton will ensure that purchases of equipment, materials, supplies, and /or services comply with Texas Local Government Code 252.0215, in regards to competitive requirements in relation to Disadvantaged Business Enterprises (DBE). The City will ensure that all procurement opportunities are cost effective, and contributable to the competitiveness of the City, and its customers. All Procurement activities will be conducted in an open and fair manner with equal opportunity provided for all qualified parties. The City of Denton will provide equal contracting oppoi-hulities as provided by State and Federal law to small business enterprises, Historically Underutilized Businesses, and Disadvantaged Business Enterprises. The City of Denton encourages all awarded Contractors to seek qualification as a DBE and/or utilize DBE's as sub- contractors, where feasible, to meet the overall intent of the legislation. Disadvanta�ed Business Enterprises (DBE): are encouxaged to participate in the City of Denton's procurement process. The Purchasing Department will provide additional clarification of specifications, assistance with Proposal Forms, and further explanation of procurement procedures to those DBEs who request it. Representatives from DBE companies should identify themselves as such and submit a copy of the Certification. The City recognizes the certifications of the State of Texas Building and Procurement Commission HLJB Program. All companies seeking information concerning DBE certification are urged to contact. State of Texas HUB Program — TPASS Division PO Box 13047, Austin, TX 78711-3047 (512) 463-5872 ar(888) 863-5881 or http://www.window.state.�.us/procurement/prog/hub/ Instructions: If your company is already certified, attach a copy of your certification to this form and return with the submission. If your company is not already certified, and could be considered as meeting certification requirements, please use the web link to obtain such. If you are submitting a response and plan to utilize DBE's, then use the form below to identify the business and include the business HUB certification. COMPANY NAME: REPRESENTATNE: ADDRES S : CITY, STATE, ZIP: TELEPHONE NO. Indicate all that apply: FAX NO . X Minority-Owned Business Enterprise _Women-Owned Business Enterprise _Disadvantaged Business Enterprise PAGE 71 OF RFP #4942 �ro ��s�1 A� l�1 f�QA ( Ik� CLASS A - Mowing RFP 4942 Pricing Sheet for Contract for Niowing Services The respondent shall complete the following section, which directly corresponds to Section III - Scope of Ser.vices, and Section VI, Payment and Performance LIBRARY GROUNDS: For Mowing of Weeds and Grass on City Medians and Lots Within The C�rporate Boundaries of The Ciiy of Denton, Texas, per all terms, conditions and specifications herein. Library Grounds Schedule: Site (location) North Branch Library, 3020 N. Locusfi ST. South Branch Library, 3228 Teaslev Lane Est. # of Bid/ Mowing Class Acres Cvcles Cvcle A � 1 � 32 �$' �� n Planter Bed Maintenance I Class North Branch Library Alternate Item for future consideration: 0 0.98 32 $ � Est. # of Bidl Mowing �. Feet) Cycles CVCIe 21.100 32 $ 12 0 Annual Bid p U $ � �-�� /b � 20� Annuai �id �� $ �6 `�"� � �� Contractor shall submit separate per cycle mowing bids and per cycle planter bed maintenance bids. Per cycle planter bed maintenance costs shall include shrub trimming three times per year (as per specifications} and three applications of turf fertilizer (as per specifications). C�n��ueT RoL�r� Ei���� a� (��(o� 3�t�1 ��y� ����- ��c� ���o,�dl inl�'�: fr��( ia�� ��C�os`aL t� -- 1�c1�(�Ks� CL�►SS B - Mowing RFP 4942 Pricing Sheet for Contract for Mowing 5ervices The respondent shall complete the following section, which directly corresponds to Section II - Scope of 5ervices, and Sectlon V, Payment and Performance PARKS: For Mowing of Weeds and Grass on City Medians and Lots Within The Corporate Boundaries of The City of Denton, Texas, per all terms, conditions and specifications herein. PARKS Size Est. # $ RFP/ $ Annual Acres °f Mowing �FP Cycles Cyde Avondale (includes creek banks, both sides to ROW) 2021 18.1 20 " Devonshire � '*'� i ��� Bowling Green Park, 2200 Bowl6ng Green 6.48 20 $��_- $ Briercliff Park, 3000 State School Road & Unicorn Blvd. s.6�8 20 $��� �� Carl Young Sr. Park 327 �. Wood St. (Includes creek bank from 6.75 zo top of bank to six feet down the slope.) ���j� �� ��, Cooper Glen Open Space 3.48 20 $ ��. _.� , Crosstimbers, 1000 Hickory Creek Road 8� Froretage 2s 20 $ $ � , Denia Park and Denia Rec, 1001 Parvin — Class A Mowing �o.5s 3z $' - ����_ � � Ernest Dallas Memorial Park, 6120 Sun Ray (Class B) 5 20 $ $ J�"r Evers Park 3100 N. Locust (south side of Windsar-Boy Scout 4 zo $ Area} (Class B) ' � Evers Park Sports Complex Common Areas, 3201 N. Locust — �o.s� 32 $ $ (Class A) r . ! � /� � Fred Moore 500 S. Bradshaw & American Legion � o zo $ $ �s � � o� Joe Skiles, 1721 Stonegate 5.s 20 $ �$ ��� J��� Keep Denton Beautiful, 1117 Riney Rd �.88 20 $� � � Lake Forest, 3901 Ryan Rd 21.45 20 $��� / Mack Park (North Section) — (Class A) Mack Park (South Section) / Roberts Park Common Areas — (Ciass A) (DO NOT MOW BALLFIELDS) McKenna, 600 N Bonnie Brae (includes inside communication fence) Water tower not included Milam Park off Mockingbird Monterey Open Space, Nettie Schultz, 1517 Mistywood North Lakes Park Windsor ROW - NORTH North Lakes Park Windsor ROW - SOUTH North Lakes Disc Golf North Pointe, 1300 Hercules Ln. (Type A Area) * Owsley Park 2425 Stella Sequoia, 1400 E. University Totals for Cycles and Annua! Bid 9.51 I 32 � � 11.66 32 � �� � � 18.1 20 � ,w � ✓ i � � 20 � I7oo 2.58 2� � r � 1 �d 3 a ya 9 20 ''� � � �� g� 0 6.6 20 � �� �� ` � L9 4.85 20 � � !�°� ���� 8.6 20 3?� g . 6.45 20 � �/� �� /� � 0.5 20 � ! � � � OOo 5.5 20 �__� � �_ '` Owsley Park 2425 Stetla = Under construction will change Contractor shall submit separate per cycle mowing bids and per cycle planter bed maintenance bids. � �� �. ?9q�. �' �17, y�3 � ri ����� ���� � �� � � J CLASS B - Nlowing � � j���C� �.�t�� RFP 4942 Pricing Sheet f�r Contract for Mowing Services The respondent shall complete the following section, which direct�y corresponds to Section III - Scope of Services, and Section VI, Payment and PerFormance Weeds and Grass on City M�dians and Lois Within The Corporate Boundaries ofi The City of Denton, Texas, per all terms, conditions and specifications 'r MEDIA6�l Size Est. # $ $ Annual Bid (Acres) of Bid/Mowing C cles C cle Audra Lane and Triangle at Paisley 1.05 Zo $ i3� $���,� Bump Out at Scripture and Malone o.�a 20 $ ��� $��,v Churchill Dr & Churchill Circle Islands a� zo $��� $��,� Drainage Area from Alice (808 Alice) to Dentan �.os zo $ y� $ y� EIm/US 77& Old Riney o.� 20 $ $ 3svv Emerson & Woodhaven o.�4 Zo $ ��� $�� � Hercules Medians West of Stuart 0.36 20 $�� $�e��, Highland Park Circle Island and Westridge Island o.� zo $ s� $ fu vv HWY 77(Elm) & Windsor o.2 20 $�ti � $�v Island at Malone @ Tulane o.�2s 20 $ 3 $-�,� Lot at the Dead End of North Carroll Blvd. o.a2 2o $ s $'�� North Texas at Hickory & Ave C at Oak o.2 20 $ $ � Oak from I-35 to Bonnie Brae o.s zo $ z�� $�-� 'Oakland St. and Empty Lots o.�s zo $� $ lc�o 0 Sherman & Bolivar Sherman & Locust Sherman & Stuart Sherman & Woodlands Trade Square Parking between Nickory & Mulberry University (includes frontage of 380) & Boyd US 77 (I-35 to 2164/Locust) Total of 4 maps Windsor from I-35 to Bonnie Brae Windsor & Sherman 0.2 I 20 �� 3s' I� �U� o.a5 20 $ � $ .��� 0.1 20 � L�U � �J�=�G o.os 20 $ 3� $ CJOv 0.2 20 $ >� � ��oo 0.3 20 $ Lls � GU�7 � 0.2 2a $ 7)v $1�' ��� 0.64 20 $ lc�� $ 2 � � o. � 20 $ 3z �� �; o Totals far Cycles and Annual Bid $ zZ � $ �--L s, '7 �r o Contractor shall submit separate per cycle mowing bids and per cycie planter b�d maintenar Per cycle planter bed maintenance costs shall include shrub trimming three times per year (as per specification, three applications of turF fertilizer (as per specifications). The respondent shall complete the following section, which directly corresponds to Sedion II - Scope of Services, and Section V, Payment and PerFormance Requirements. The contractor shall not make changes to this format. - c1��� v �( �1 -- ��.1 ��� � �� � �� � � ,_ �-�- � � C� ��- , : �,�-- �2 �c=�--� i c�- �''�-�� �` � � �� {�`,n�s� �- 'u�E S ��7���; �� �, � I l �- S CLASS A Se B - �Iliowing RFP 4942 Pricing Sheet for Contract for Mowing Services The respondent shall complete the following section, which drrectly corresponds to Section I!! - Scope of Services, and Section Vl, Payment and Performance �IRE STATIONS: For Mowing of Weeds and Grass on City Medians and Lots Within The Corporate Boundaries of The City of Denton, Texas, per all terms, conditions and specifications herein. FIRE STATION SCHEDULE o �PTION ONE Site Location Size Est. # of $Bid $Annual (acres) Cycles /mowing Bid cycles tation # Bell Hicicory 0.3 32 3�-� �Z r j tation #2 2209 E. cKinney 0.7 20 �'� . I���f tation #3 1204 McCormick 0.2 20 $� c� �. Station 4 2110 herman Dr. 0.64 20 c� � j ;1� � Station #5 2230 W. Windsor Dr. 1. 2 20 $ c� ^� G.� Station #6 3232 Teasley Ln. 0.4 20 3�� �;_;,-� Station #7 @ 4201 Vintage Pkwy. 0.3 32 $ 7� -,;� �;,� Old entral at 217 W McKinney Cedar 0.2 20 Z�{ -:;,� TOTAL ANNUAL BID $ �L� $ ; °��, � • OPTION TWO BED MAINTENANCE tation #1 Bell @ sckory St 5371 sq. ft. 52 c� l�- i�,�; �, tation #2 2209 E. McKinney 623 sq. ft 52 I� ��,, -,. Station #3 1204 McCormic 174 sq. ft. 52 j<-,- ��;-; --� Station #4 2110 Sherman rive 567 5q. ft. 52 ��- --,f� .-�-� Station 5 2230 W. Windsor Drive 255 sq. ft. 52 2r-�-- $ i3�,� tation #6 3232 Teas{ey Lane 496 sq. ft. 52 .�- ��- �� Station #7 @ 4201 Vintage Pkwy. 530o sq. tt. 52 $ �I � C 2�� Old Central at 217 W McKinney & Cedar As Needed 52 $�-� $ S� TOTAL $ 7 � =� $ 1 I `� <_� Alternate Items for future consideration Contractor shall submit separate per cycle mowing bids and per cycle planter bed maintenance bids. Per cycle planter bed maintenance costs shall incfude shrub trimming three times per year (as per specifications) and three applications of,turf fertiliB,er,(as pgr specificafiorys�. � � , ,,, �, , , r, (" ; � � • /J �,- �� . ,, _:. J;n°;.. , ���Qa Sr�� �-���� c t('tG_ �u � S ic,�� ��,�t,1 Class A, B, C IVlornring RFP 4942 Pricing Sheet for Contract for Mawing Services The respondent shall complete the following section, which directly corresponds to Section 111- 5cope of Services, and Section Vl, Payment and Performance ELECTRIC SUBSTATIONS: For Mowing of Weeds and Grass on City Medians and Lots Within The Corporate [3oundaries of The City af Denton, Texas, per all terms, conditions and specifications herein. Est. Est. # of Bid / Mowing Annual Site Location Class Size (Acres) Cycles Cycle Bid Arco Substation, �868 Gee�ling Rd. - 76208 B 2 20 $/� � $ 1V��' • Bonnie Brae Substation, 1221 N. Bonnie Brae St. - 76201 B 0.06 20 $ N/�} $►1%I�' Denton North Interchange, 4105 N. Locust - 76207 B 0.3 20 $ �j $/ pp Ft. Worth Substation, 4171 Ft. Warth Drive - 76226 C 1 7 $ It.)/� $ lU�� Hickory Substation, 101 N. Bonnie Brae - 76201 B 0.4 20 $ � $ r Kings Row Substation, 1988 Kings Row - 76209 B 0.4 20 $ gJ $�b�j Locust Substation, 1304 S. Locust - 76201 B 1.25 20 $�(�,'� $ Northlakes Substation, 3400 N. gonnie Brae - 76207 B Q.5 20 $/v% $lU�� Pockrus Substation, South of I-35 E on Pockrus Rd - 76208 B 0.8 20 $ j�,�/T $� f}° � ,--- Pole Yard, 1701 Spencer Rd -76205 A 7 32 $%� $% Teasley Substation, 2428 Hickory Creek - 76210 C 0.5 7 $ y� �i' $ l'�j1i�} � �o��� Totals for Cycles and Annual Bid $%q� � • Bonnie Brae Substation - Under Gonstruction will change Contractor shall submit separate per cycle mowing bids and per cycle planter bed maintenance bids. ��v���.� � 5��� �U����c�s �g�r�� 3�� -� C�b o� �Go�o Sc�� C� �_w�;�� CLASSA&C � @cl�r��i� � ��w RFP 4942 Pricing Sheet for Contract for Mowing Services The respondent shal! complete the followinq section, which directly corresponds to Section 1Il - Scope of Services, and Section Vl, Payment and Performance 1NA,TER RECLAMATION: For Mowing of Weeds and Grass on City Medians and Lots Within The Corporate Boundaries of The City of Denton, Texas, per all terms, conditions and specifications herein. Size Est. # of g�d/Mowing Site LOCation ciass (Acres) cycies Cycles Annual Bid Barrow Station - Barrow Dr. C o.5 7$ jv 1 Pr $ y�/ � Granada Station, 3600 Granada � 0.125 7 ${'U f�1 $ �"� Lakeview Station, 200 Lakeview Blvd. C � 7 $� f j' $ Lift Staiions: Cooper Creek @ 230 N Mayhill Rd. � 0.75 7 �'�J �- �v l� Hickory Creek @ Old Alton Road � 0.5 7 $��" $ i�% � North Entrance Area, S. Mayhill Rd. � �0 7 $�v �' $ � Robson Ranch Plant, 6494 S. Florence Rd., .lusiin, TX c 5 7 $ W��' $ � Approx. Water Reclamafiion Plant, �1100 S. Mayhill , Denton, TX A 94 32 $ �}- $ /�- Wimbleton, 4000 Winston Dr. � 0.�25 7 $��$%v � Toiais for Cycles and Annual Bid $ $� Size Est. # of ���%�owing Planter Bed Maintenance c[ass (Acres) Cydes cyctes Arinual Bid Water Reclamation Administration Bldg., 1100 S. Mayhill Rd. Denton , Tx. A 650 32 $ $ � TOTAL $ $ � Contractor shall submit separate per cycle mawing bids and per cycfe planter bed maintenance bids. Per cycle planter bed maintenance costs shall include shrub trimming three times per year (as per specifications) and three applications of turf feriilizer (as per specifications). P�-�� ��� � �� �a � 3 � o -- y���- y � s� (� � G 5 CZ. � �`I `— � C� l� � � a�l �O (' C � i'�� �l� RFP 4942 Pricinb Sheet for Contract for Mowing Services Tlze respondent sliall complete the folloiving section, which directly corresporzds to Section III - Scope of Services, and Sectio�z VI, Payme�2t and Perf'ormance Mowing of Parcels with Unrestricted Access (i.e. openings to parcel larger than three (3) feet, vacant lots) CATEGORY DESCRIPTION Bid Amount Bid Amount (Area to be mowed is up to 3' (Majority of area to be mowed height) is over 3' l�eight) I-A Parcels of land up to 10,000 square feet $ ar, J� /per lot $ '� /per lot il� II-A Parcels of ]and up to 10,001 square feet to 1 acre $ � t /per lot $ � /per lot ):1�� E:?%�� III-A Parcels of land more than I acre $ �,°.� �`t;�-� /per acre $ �� �`, � /per lot Mowing of Parcels with Restricted Access (equipment must fit through three (3) foot opening) CATEGORY DESCRIPTION Bid Amount Bid Amouut (Area to be mowed is up to 3' (Majority of area to be mowed hei ht) is over 3' hei ht) I-B Parcels of land up to 10,000 square feet $ ��- /per lot $ �� /per lot II-B Parcels of land up to 10,001 square feet to 1 acre $ .�, J�/per lot $�,,) � •/per lot III-S Parceis of land more than 1 acre $ �� ��/per acre $ f� ��� /per lot Trash and Debris Removal CATEGORI' DESCWPTION Bid Amount � Trash and debris removal based on cubic yard N calculated by the City of Denton Solid Waste $ /cu. yd. fo�Tnula. Hourly rate for labar and trimmer on specialty rate '! r- per Contract Tercns and Conditions #4 $ �J� � MOWING CLASSIFICATION _______________CLASS_A ---------------- ----------------��,SS B --------------------------- ----------------CLASS C ---------------------------- CLASS D Price Per Acre Per � �ul� � ��� $ N/'`l' � r/fi i-� 1 � Purchasing Department 901-B Texas St. Denton, TX 76209 (940) 349-7100 www.dentonpurchasing.com ADDENDUM #1 RFP # 4942 ANNUAL CONTRACT F�R MOWING SERVICES � PROPOSALS DU E: MAY 29, 2012 2:00 P.M. Proposal submitted by: Firehouse 22 Company Name ADDENDUM #1 Pre-Submittal Questions, Held on Thursday, May 17, 2012 @10:00 am, Purchasing Office 1. Are there hard copies available of this document? No, the entire file is available online 2. Is bonding required for this project and what are the insurance requirements? Sonding is not required, for the insurance requirements, see pages 59 — 61 3. What companies currently have your contract? We currently have three different companies, VMC, M.E.T and Fire House 22 4. What is your current year budget for this project? Roughly $250 -$260K for this one year, with 4 additional year renewal option 5. Approximately how many burials does 100F Cemetery have per year? Approgimately 50 to 70 per year 6. During all these funerals, does this slow down the current mowing process? Obviously during these services, no mowing directly next to open graves. Backfilling of the graves are marked with a pink flag. Usually there is a 2 week span with a cycle of mowing performed. 7. Is litter control a separate issue? Yes, this is a separate issue 8. Fire Station 7 is a big 40 hour project to maintain and mow along with all the other stations. There is currently renovation going on. Does this include all the square footage to mow and does this include replacing the turf. An Addendum will be issued for the cost of the turf 9. At the Hickory Street Substation there are appro�mately 35 trees being added and also trees being added on Unicorn Lake are these additions being added on the labor cost? This is reason we are using the RFP process rather than a bid. An RI'P is more flexible to change 10. Is the mowing cycle set at 52 cycles and does this include weed eating? This is normally our standard, but this is really on as needed basis ADDENDUM #1 1 l. At the Bonnie Brae Substation site it reads 0.2 acres, are we able to correct or change the price per foot? Yes 12. Are we allowed to use chemicals for spraying on the various sites? Round up or over the chemicals are acceptable, but for all other pesticides when a license is required, no. 13. Do we have to bid every section? No, just reply N/A 14. As company representatives, do you have any suggestions for future bids? The comment was made that they were very pleased with the web based maps and the online access to the project. Most cities do not list the acreage or provide such detailed information. 15. VJith VMC and the interlocal agreement, does this include Highland Park, Westridge Circle and Kendolph Street? If these sites are included in the RFP, bid on them. 16. The area between Loop 288 and Colorado Blvd behind Spencer Road is not included? An addendum will be issued to include them. 17. Mowing at the Spencer Substation would include the pond and Spencer ROW from the substation down to the culvert? YES Genera.l comments were made to email Jody with any additional questions or comments. It was also mentioned that Code Enforcement would like a photo to be provided before and after mowi.ng. The deadline for questions was Friday, May 18, 2012 at 2:00 pm. ADDENDUM #1 Addendum #1 to be returned with Proposaf See the enclosed questions and answers. NO OTHER CHANGES AT THIS TIME. This form shall be signed and returned with your bid. Name: Signature: Company: Title: Date: Rene Saldivar Rene Saldivar Firehouse 22 Owner May 29, 2012 Z_ ti i� '` • Purchasing Department 901-B Texas St. Denton, TX 76209 (940) 349-7100 www.dentonpurchasing.com ADDENDUM # 2 RFP # 4942 ANNUAL CONTRACT FOR MOWING SERVICES PROPOSALS DUE: MAY 29, 2012 2:00 P.M. Proposal submitted by: Firehouse22 Company Name CITY OF DENTON RFP # 4942 — Annual Contract for Mowing Services ADDENDUM # 2 SOLICITATIUN CHECKLIST Checklist for RFP #4942 Title: Annual Contract for Mowing Services Opening Date: 5/29/2012 at 2:00 PM Contractor Name and Address: Rene Saldivar 1818 greenwood dr, Denton Tx.76209 Contact: Rene Saldivar TX Taxpayer VIN#: _32019031171 Phone: 214-797-7203 Fax: Email: firebull22@aol_com 1. Submit one (1) original and finro (2) WRITTEN copies of submittal (REQUIRED) _x a. Submit Written Proposal by courier, hand delivery, or mail x_ b. Exhibit 1-Excel Pricing Sheet, Review, complete, and return _x 2. Email Exhibit 1 in Excel format to ebids(a�citvofdenton.com 3. Submittal Content (Meet Section IV) • Review all requirements x • Ensure your firm meets all stated minimum requirements x • Documentation included to support the evaluation criteria._x • Company Information _x • Relevant Experience and Qualifications _x • Quality Assurance / Quality Confrol _x • Litigation History Statement x_ • Addendum(s) Reviewed and return _x • Attachment A, Not Applicable x • Attachment B, Review, complete, and return _x • Attachment C, Review, complete, and return _x • Attachment D. Review, complete, and return _x • Attachment E, Review, complete, and return x • Attachment F, Review, complete, and return x • Attachment G, Not Applicable x • Attachment H, Review, complete, and return _x CITY OF DENTON RFP # 4942 — Annual Contract for Mowing Services ADDENDUM #2 See the enclosed revision to page 3. NO OTHER CHANGES AT THIS TIME. This form shall be signed and returned with your bid. Rene Saldivar Name: Rene Saldivar Signature: � Firehouse22 Company: Owner Title: May 28-20�2 Date: Addendum #2 to be returned with Proposal 3 -t � � Purchasing Department 901-B Texas St. Denton, TX 76209 (940) 349-7100 www.denton purchasing.com ADDENDUM # 3 RFP # 4942 ANNUAL C�NTRACT FOR MOWING SERVICES Revised Proposals DUE: June 5, 2012 2:�0 P.M. Proposal submitted by: r`�� �io��� 2 Z Company Name CITY OF DENTON — ADDENDUM # 3 RFP # 4942 — Annual Contract for Mowing Services • The opening date for RFP 4942 has been extended until June 5, 2012. • Pages 20-22 of the original RFP document for the Code Enforcement Proposal H section have been revised; please see the enclosed page changes. • Revised Pricing Sheets for Proposals A-H are attached; These pricing sheets must be submitted with your proposal per the RFP requirements. NO OTHER CHANGES AT THIS TIME. This form shalt be signed and returned with your bid. Name: Signature: Company: Title: �LJ �-� /,h 2 Date: // //�! ✓ — p� li ' CITY OF DENTON — ADDENDUM # 3 RFP # 4942 — Annual Contract for Mowing Services PROPOSAL H CODE ENFORCEMENT.• CONTRACT TERM5 & CONDITIONS: The successful bidder shall perform on the following basis: 1. Parcel size shall be based on not more than 10,000 square feet of area. 2. All parcels authorized by the CiTy to be mowed by the contractor shall be cut to a uniform height not to exceed two (2) inches. More than on mowing or cutting may be required (under a single work arder). 3. Properties of five (5) acres or more will be mowed 100 feet from all structures, property lines, curbs, and street edge. If the property is less than five (5) acres, the entire parcel will be mowed. Parcels or acreage must be cut to the pavement, or the thoroughfare or street, or to the curb lines or the edge of the street. 4. Parcels will be mowed to all existing buildings, trees, shrubs, light poles, mailboxes, landscaping beds, sidewalks, curbs, streets, fences, etc. Grass and weeds not trimmed by a mower will be trimmed with a weed eater. This weed eating will be included in the base bid amount. 5. When mowing of a parcel by normal means (such as a lawnmower or a tractor} is not possible, parcels will be trunmed by means of a weed eater or other device design.ed to trim grass/weeds in such terrain. This weed eating will be done on an hourly basis rate. The contractor shall remove all obvious accumulations of trash, debris, or litter. Trash, debris and litter will be picked up and transported to the City of Denton Landfill. Landfill staff will determine the cubic yard quantity of the load and issue a ticket. A copy of the landfill ticket must be provided with the original invoice and submitted to Code Enforcement to calculate labor costs. Upon completion of mowing/trimming of all parcels, the contractor will be responsible for removal of all grass and weed clippings from developed parcels up to 10,000 sf., and hauling the yard waste to the City of Denton Landfill. Contractor will return all grass and weed clippings to lots larger than 10,000 sf by means of a broom and/or a blower. The contractor will ensure that paved areas, streets, sidewalks and drainage areas adjacent to job sites are free of glass clippings after completion of mowing. The contractor will photograph the tall grass and weeds (and any trash and debris) at the site prior to mowing. The contractor will take a photograph of the mowed site upon completion of the work. The Contractor will maintain all "before" and "after" site photos at their business office. Photos must be available to Code Enforcement upon request. PAGE 20 OF RFP #4942 CITY OF DENTON — ADDENDUM # 3 RFP # 4942 — Annual Contract for Mowing Services PROros� x CODE ENFORCEMENT (Continued): CONTRACT TERMS & CONDITION5: 10. Any equipment or items found on the property shall not be removed from the premises. Some examples would be machinery, vehicles, masonry, building materials in a sizable quantity, storage buildings, fencing materials in a sizable quantity, and anything of value. 1 l. All mowing shall be completed within three (31 business davs of notification of a work order excluding holidays. Work order(s) will be emailed or faxed to the contractor. Inclement weather and any major breakdowns in equipment will be the only reason for an extension for job completion. An e�ctension of no more than three (3) business days may be granted by the Code Enforcement Office. If the work has not been completed within the allotted three (3) business day timeframe (unless an extension has been granted), the Code Enforcement Office may hire another contractor to perform and complete the requirements of the work order. The contractor will be responsible for any additional costs to hire the back-up contractor. 12. Contractor's equipment shall be in good repair, and qualified operators shall be responsible for the care and handling of the eyuipment. Sufficient equipment will be available to carry out requirements of the contract. Example: brush hog, weed eater, push mower. Contractor must provide list of equipment with bid. 13. The bidder shall pay all wages, taxes, worker's compensation, and all equiprnent operators. 14. See Insurance Requirements for Contracts, attached. Contractor agrees to carry at least the minimum insurance specified and furnish certificate(s) of insurance upon request. 15. This contract shall exclude the City of Denton from any liability, personal or property damage as a result of any operation by the contractor; or any liability, personal or properiy damage arising under the terms of the contract. 16. The contractor must have adequate staff to perfortn the work required. 17. The invoice containing original signature for the work performed must be submitted by mail, email, fax, or in person within three (3) business days following completion of the requirements of the work order. 18. All work performed must be satisfactory and in accordance with the requirements of existing City ordinances. Upon completion of the work order, a Code Enforcement Officer will conduct a re-inspection. The contractor will not be paid until the parcel or acreage has been mowed or cleaned in accordance with the specifications of this contract. PAGE 4 OF RFP #4942 Firehouse 22 Equipment List — May/29/2012 (2) Landscape Trailers 16x5" (3 ) Trucks (3) Z-Turn Mowers ( 60in, 54in, 48in ) John Deere, D�ie Chopper, Bobcat (6) 21 in Toro Push Mowers (10) Stihl Weed Eaters (2) Sthil Edgers (3) Trimmers Hedge — (2) Stihl (1) Echo (6) Back Pack Blowers (4) Stihl —(2) Echo 32in Walk behind mower — Toro 48in Walk behind mower — Toro (8) Green vest safety (10) Orange Cones Rene Saldivar EXHIBIT B CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Bidcler's atte�2tion is directed to tlze i�zsatrance f•equire»ze�zts beloiv. It is Iziglily reco�x»ie�aderl tlxat bidders co�zfer with tlaeir Yespective irzsurance carriers oJ� brokers to dete�n2i�ze in adv�c��ce of Bid subhzissio�a tlze avc�ilability of insurance ce�•tificates nnd endor�sements as p� esc��ibecl ancl providerl Izereirz. If an apparent low bidtler fails to corizply stJ�icily witla the i�zszc�ance requireraZents, tlaat bidc�e� mccy be disquc�lifiecl frorr2 awaYrl of tlze co�ztract. Upo�i bid mvc�rcC, all insura�zce require»zer�ts slZall beconie co�ztractual obligations, ivliiclz tlae successficl bi�lrCer shall have a duty to mai�ztc�i�z tlarouglaout tlie course of tlais contract. STANDARD PROVISIONS: Without limiting any of the other obligations or liabilities of the Cont��actor, the Cont�°actoY shc�ll p�°ovide and �naintain until the contracted work has been completed and accepted by the City of Denton, Owne�, the »zinimuna insurance coverage as indicated hereinafter. As soon as p�^acticable after notification of bid award, Contractor shall file with the Purchasing Depart�nent satisfacto�y certificates of insu�°ance, containing the bid nul�zber and title of the project. Contractor may, upon w�itten request to the Purchasing Depar°tment, ask for clarification of any insu�°ance requi� ements at any tinae; howeveT^, Conh^actors a��e sti^oi2gly ctdvised to make such requests prio� to bid opening, since the insu�°ance requii°ements may not be n�odified or waived after bid opening unless a written exception has been sub�nitted N�ith the bid. Contractor sliall not co�zme�zce any work or deliver ce�zy matericzl u�ztil lie or slae r�eceives �zotification tliat tlie co�ztract Izas been accepted, approved, a�zd signed by tlae City of Dentoiz. AlC insacrance policies proposecl or obtai�zed in satisfactiorz of these r equirernents shall co�n�ly with the following geneYal specifications, and shall be maintained in compliance ��ith tlzese general specifications thYOUghout the duration of the Contract, or longe�, if so noted: • Each policy sha11 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- VII or better. • Any deductibles or self-insured retentions shall be declaied 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, em�loyees 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 under the policy and that this insurance applies separately to each insured against whom claim is inade or EXHIBIT B suit is brought. The inclusion of more than one insured shall not operate to increase the insurer's limit of liability. • Canceld�ction: Tlie City reqacif�es 30 clay writterZ notice s/zoaclrl any of tlie policies described on the certificate be cancelle�l or »zate��ially changecl before the expiration date. • Should any of the required insurance be provided under a clauns 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 uilder a forni of coverage that includes a general annual aggregate limit providing for claims investigation or legal defense costs to be included in the general annual ag�egate limit, the Contractor shall either double the occurrence liinits or obtain Owners and Contractors Protective Liability Insurance. • Should any required insurance lapse during the contract teim, requests for payments originating after such lapse shall not be processed tu�til tlie 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. EXHIBIT B SPECIFIC ADDITIONAL INSUR.ANCE REQUIREMENTS: All insuraa2ce policies p��oposed oi° obtained in satisfaction of this ContYact shall additionally com�ly ��ith the following naaT°ked specifications, and shall be maintained in con��liance ���ith tl�ese additional specifications thi�oughout the duration of the Contract, o�° longer, if so noted.• [X] A. General Liability Insurance: General Liability insurance with combined single limits of not less tlian $500,000.00 shall be provided and maintained by the Contractor. The policy shall be written on an occui-�ence 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 Coinprehensive General Liability form (ISO Form GL 0002 Cl�rrent Edition and ISO Form GL 0404) is used, it shall include at least: Bodily injury and Property Damage Liability for prernises, operations, products and completed operations, independent contractors and propei-ty damage resulting from explosion, collapse or underground (XCU) exposures. Broad form contractual liability (preferably by endorsement) coveruzg this contract, personal injury liability and broad form property dainage liability. [X] Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance witll Combii�ed Single Limits (CSL) of not less than $250,000.00 either in a single policy or in a combination of basic and umbrella or excess policies. The policy will include bodily iiljury and property damage liability arising out of the operation, maintenance and use of all automobiles and mobile equipinent used in conjunction with this contract. Satisfaction of the above requirement shall be in the form of a policy endorseinent for: any auto, or . all owned, hired and non-owned autos. EXHIBIT B [X] Workers' Compensation Insurance Contractor shall purchase and maintain Worker's Compensation insurance which, in addition to ineeting the minimum statutory requirenients 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 I�isured" 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 zule 28TAC 110.110 of the Texas Worlcer'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 worlc 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 worlc or Contractor's operations under tlus contract. Coverage shall be on an"occunence" basis, aild the policy shall be issued by the same insurance company that carries the Contractor's liability insurance. Policy limits will be at least combined bodily injury and property dainage per occurrence with a aggregate. [ ] Professional Liability Insurance Professional liability insurance with limits not less than per claim witli respect to negligent acts, errors or omissions in connection with professional services is required under tlus Agreement. [ ] Suilders' Risk Insnrance Builders' Rislc Insurance, on an All Risk form for 100% of the completed value shall be provided. Such policy shall include as "Named Insured" tlie City of Denton and all subcontractors as their interests may appear. [ ] Commercial Crime Provides coverage for the theft or disappearance of cash or checks, robbery iilside/outside the prernises, burglary of the premises, and employee fidelity. The employee fidelity portion of this coverage should be written on a"blanlcet" basis to cover all einployees, 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 B [ ] Additional Insurance OtlZer 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 coiztract specifications. EXHIBIT B ATTACHMENT 1 [X] Workers' 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 instuance 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 begiruiing of the worlc on the project until the contractor's/person's worlc on the project has been coinpleted and accepted by tlle governmental entity. Persons providing services on the project ("subcontractor" in �406.096) - includes all persons or entities perfonning all or part of the services the contractor has undertalcen 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 caniers, owner-operators, employees of any such entity, or employees of any entity which fiunishes persons to provide services on the project. "Services" include, withoL�t liinitation, providing, hauling, or delivering equipment or materials, or providing labor, �-ansportation, or other service related to a project. "Services" does not include activities luuelated 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 ineets the statutory requirements of Texas Labor Code, Section 401.011(44) for all einployees of the Contractor providing seivices on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the goverilmental 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, priar to the eild of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: 1) a certificate of coverage, prior to that person begimung worlc on tlie project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and EXHIBIT B 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 cturent certificate of coverage ends during the duration of the proj ect. F. The contractor shall retain a11 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 inail or personal delivery, within 10 days after the contractor knew or should have lcnown, of any change that materially affects the provision of coverage of any person providiizg services on the project. H. The contractor shall post on each project site a notice, in the text, form a.nd iilanner prescribed by the Texas Workers' Compensation Commission, infoi7ning 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 w17om it contracts to provide services on a project, to: 1) provide coverage, based on proper reporting of classification codes and payroll amouilts 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 oii the project, for the duration of the project; 2) provide to the contractor, prior to that person beginning worlc on the project, a certificate of coverage showing that coverage is being provided for all einployees 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 cei-tificate of coverage showing extension of coverage, if the coverage period shown on the cLU-rent 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 begiilning worlc on the project; and b) a new certificate of coverage showing extension of coverage, prior to tl7e end of the coverage period, if the coverage period shown on the current certificate of coverage � ends dLUing the duration of the project; S) 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, witlun 10 days after the person lrnew or should have lcnown, of any change that materially affects the provision of coverage of any person providing services on the project; and EXHIBIT B 7} contractually require each person with whom it contracts, to perform as required Uy 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 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 agreeinents 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 infonnation may subject the contractor to adminisirative penalties, criminal penalties, civil penalties, or other civil actions. K. The contractor's fa.ilure 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 ihe breach within ten days after receipt of notice of breach from the governmental entity. EXHIBIT C CONFLICT OF INTEREST QUESTIONNAIRE For vendor or other person doinq business with local governmental e This questionnaire reflects changes made to the law by H.B. 1491, 80th Leg., Regular Session FoRnn 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? � 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 � 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 � No D. Describe each affiliation or business relationship. Signature of person doing business with the governmental entity Date Adapted 06l29l2007 � �' DATE�MM/DD/YYYY) ORO CERTIFICATE OF LIABILITY INSURANCE 09/12/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL 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 certificate does not confer rights to the certificate holder in lieu of such endorsement(s1. PRODUCER 940.891.2839 940.964.2735 A-Texlnsurance PO Box 10 Forestburg, TX 76239 INSURED Rene Saldivar / DBA Firehouse 22 V Denton, TX 76209 ���,� a\� � nsurance.com NAIC # COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTVNTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TypE OF INSURANCE AO�L SUBR POLICY EFF POLICY EXP LIMITS LTR POLICYNUMBER MMIDD/YYYY MMIDD/YYYY GENERALLIABILITY EACHOCCURRENCE $ X � D E TO RENTE� COMMERCIALGENERALLIABILITY PREMISES Eaoccurtence 5 CLAIMS-MADE � OCCUR � EXP (Any one person) 5 PC1705127-00 09/12/12 09/12/13 PERSONAL&ADVINJURY 5 GENERALAGGREGATE $ GEN'LAGGREGATELIMITAPPLIESPER: PRODUCTS-COMP/OPAGG t POLICY PR� LOC a X AUTOMOBILE LIABILITY 46 UEC KJ99� 03/04/12 03/04/13 �MBINEDSINGLE LIMIT § 500,000 ,� (Ea accident) ANY AUTO BODILY INJURY (Per person) $ ALL OWNED AUTOS � BODILY INJURY (Per accident) S � SCHEDULE�AUTOS PROPERTY DAMAGE � � HIREDAUTOS (Peraccident) � NON-OWNED AUTOS � $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIA6 CLAIMS-MADE AGGREGATE $ DEDUCTIBLE 5 RETENTION $ $ WORKERS COMPENSATION ✓ VJC STATU- OTH- AND EMPLOYERS' LIABILITY %� OFFICER/MEMBER EXCLU ED? ECUTIVE � N� A 46 WBC 108228 03/04/12 O3IO4I� 3 �L. EACH ACCIDENT $ � ��r0�� � (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ � ��,��� DESCRIPT ON OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ rJOO,OOO DESCRIP770N OF OPERATIONS/ LOCATIONS/ VEHICLES (Attach ACORU 1U1, Additional Remarks Schedule, if more space is required) GL P 1705127-00 includes - Blanket Additio I Insured, Endorsement No. 24 10 07 � � L includes - AI Broad Form HA99160910' - Scheduled Auto: 1996 Ford F150 1 FTEX15H6TKA51162 � CERTIFICATE HOLDER CANCELLATION City of Denton, its O�cials, Agents, Employees & Volunteers RE: RFP # 4942 - Mowing ICG' 5HOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 901 B Texas St ACCORDANCEIW THD HE PO ICY PROVIS ONISE WILL BE DELIVERED IN Denton, TX 76209 AUTHORIZED REPRESENTATIVE / Kade Bower � O 1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD