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2014-090
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE APPROVAL OF A FIRST AMENDMENT TO A CONTRACT FOR MOWING SERVICES, BY AND BETWEEN VMC LANDSCAPE SERVICES AND THE CITY OF DENTON, TEXAS, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (FILE 4964- PROVIDING FOR AN ADDITIONAL EXPENDITURE AMOUNT OF $250,000 WITH THE TOTAL CONTRACT AMOUNT NOT -TO- EXCEED $300,000). WHEREAS, on May 12, 2012, the City awarded a contract for mowing services to VMC Landscape Services, in the not -to- exceed amount of $50,000; and WHEREAS, the Staff having recommended, and the City Manager having recommended to the Council that this First Amendment be authorized to amend such contract agreement with respect to increasing the total contract amount to not -to- exceed $300,000; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The First Amendment increasing the amount of the parts contract between the City and VMC Landscape Services, which is on file in the office of the Purchasing Agent, in an amount not -to- exceed Two Hundred Fifty Thousand and 0 /100 ($250,000) Dollars, is hereby approved and the expenditure of funds therefor is hereby authorized in accordance with said amendment. The total contract amount increases to $300,000. SECTION 2. 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 File 4964 to the City Manager of the City of Denton, Texas, or his designee. SECTION 3. This ordinance shall become effective immediately upon its passage and approval. _.__.. PASSED AND APPROVED this the I t day of , 2014. ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: L� APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: gym, THE STATE OF TEXAS § COUNTY OF DENTON § FIRST AMENDMENT TO CONTRACT BY AND BETWEEN THE CITY OF DENTON, TEXAS AND VMC LANDSCAPE SERVICES FILE NO. 4964 THIS FIRST AMENDMENT TO CONTRACT (hereafter the "First Amendment ") to that certain Contract by and between the City of Denton, Texas and VMC Landscape Services (hereafter the "Agreement ") in the original not -to- exceed amount of $50,000, which was heretofore executed on May 1, 2012, and was approved within the delegated authority of the City of Denton Purchasing Agent; and said Agreement was heretofore entered into by and between the City of Denton, Texas, a Texas Municipal Corporation with its offices at 215 East McKinney Street, Denton, Texas 76201 (hereafter the "CITY "); and the firm of VMC Landscape Services. (hereafter "VMC ") with its offices at 2433 Merrell Road, Dallas, Texas 75229; and The original Agreement provided for VMC's services related to the Mowing Services, as is contained in Exhibits "A" of the original Agreement which is attached as Exhibit 1. VMC has substantially completed the initial work called for in the original Agreement; and the City deems it necessary to continue the services provided by VMC to the CITY, and to provide an additional not -to- exceed amount of $250,000, for an aggregate of $300,000. NOW THEREFORE, the CITY and VMC (hereafter collectively referred to as the "Parties "), in consideration of their mutual promises and covenants, as well as for other good and valuable considerations, do hereby AGREE to the following First Amendment, which amends the following terms and conditions of the said Agreement, to wit: 1. The provisions of Section V. "Payment" in the Agreement shall instead read, in line 3 of the first paragraph thereof, "shall not exceed the sum of $300,000." The number $50,000 contained on the original Agreement at the same location is hereby removed. O The Parties hereto agree, that except as specifically provided for by this First Amendment, that all of the terms, covenants, conditions, agreements, rights, responsibilities, and obligations of the Parties, set forth in both the Agreement and now the First Amendment shall be, and will remain in full force and effect. IN WITNESS WHEREOF, the City of Denton, Texas and the VMC Landscape Services, have each executed this First Amendment in four (4) original counterparts, by and through their respective duly authorized representatives and officers on this the 15 - day of Aj2o I _ .__a 2014. "CITY" CITY OF DENTON, TEXAS A Texas Municipal Corporation-,—, Y: _ G , ORE C. CAMPBELL, City Manager ATTEST: JENNIFER WALTERS, CITY SECRETARY By: { APP O lit A VrO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY By :��. VMC Landscape Services, LP A Texas Limited Liability Corporation By: New Waterford LLC, General Partner Signature Bruce Vrdc Name Executive Managing-Director Title Date 2 EXHIBIT 1 CONTRACT BY AND BETWEEN CITY OF DENTON, TEXAS AND FILE NO. 4964 THIS CONTRACT is made and entered into this 1st day of May A.D., 2012, by and between VMC Landscape Services a corporation, whose address is 2433 Merrell Road, Dallas, TX 75229, hereinafter referred to -as "Contractor," and the CITY OF DENTON, TEXAS, a home rule municipal 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 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 FILE 4964 — Mowing Services. These products and services shall be provided in accordance with the Contractor's proposal in response thereto, a copy of which is attached hereto and incorporated herein for 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) Contractor's Proposal — Pricing per Attachment F (Exhibit "A "); (b) Insurance Requirements. (Exhibit "Bit ); (c) Form CIQ — Conflict of Interest Questionnaire (Exhibit "C "). These documents make 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 or conflict shall be resolved by giving precedence first to the written agreement then to the contract documents in the order in which they are listed above. These documents shall be referred to collectively as "Contract Documents." SWalerials Man agementlPRCHIContracls Documents \4000- 499914964 VMC Mowing - Interlocal Contract with Grapevine \Contract Agreement Services Only Under $50K with CIQ & Ins 2- 11.doc EXHIBIT 1 II. TIME OF COMPLETION Contractor agrees and covenants that all work hereunder shall be complete within N/A days following notice to proceed from City. M III. TERM OF CONTRACT The initial contract term expires on January 31, 2013. At that time, if the City of Grapevine renews their contract for an additional one year period, the City of Denton may exercise its option to renew with all terms and conditions remaining the same. IV. 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 workmanlike manner and shall comply with the specifications for said goods and services as set forth in this Agreement and the Contractor's proposal attached hereto and incorporated herein as Exhibit "A ". 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 one (I) year commencing on the date that City issues final written acceptance of the project. V. PAYMENT Payments hereunder shall be made to Contractor following city's acceptance of the work and within thirty (30) days of receiving Contractor's invoice for the products and services delivered. Total compensation tinder this contract shall not exceed the sum of Fifty Thousand and no /100 dollars ($50,000.00). 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 which funds were appropriated and the parties shall have no further obligations hereunder. SWalerials ManagemenWRCHIConlracts Documentsk4000- 499914964 VMC Mowing - Interlocal Contract with GrapevinekContract Agreement Services Only Under $50K with CIQ & Ins 2- 11.doc EXHIBIT 1 VI. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC Contractor shall at all times exercise reasonable precautions for the safety of employees and others on or near the 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 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 work 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 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 retain defense counsel within seven (7) business days of City's written notice that City is invoking its right to indemnification under this Contract. If Contractor fails to retain counsel within such 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. &.11VIaterials ManagementlPRCI- AConlracls Documents14000.499914964 VMC Mowing - Interlocal Contract with Grapevine\Contract Agreement Services Only Under $50K with CIQ & Ins 2- 11.doc EXHIBIT 1 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 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, officers, agents, subcontractors, or representatives. If Contractor observes that the work 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, 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. Contractor further agrees that the subletting of any portion or feature of the work, or materials required in the performance of this Contract, shall not relieve Contractor from its full obligations to City as provided by this Contract. XII. INDEPENDENT CONTRACTOR Contractor covenants and agrees that Contractor is an independent contractor and not an officer, agent, servant or employee of City; that Contractor shall have exclusive control of and 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 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. SWaterlals ManagementlPRMContracts DocumenlsA000- 499914964 VMC Mowing - Inlerlocal Contract with GrapevinelConlract Agreement Services Only Under $50K with CIQ & Ins 2- 11.doc EXHIBIT 1 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 "C" 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 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 "C ". XV1. 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 event, either party may terminate this Contract by giving the other party thirty (30) days written notice. XVII. TERMINATION City may, at its option, with or without cause, and without penalty or prejudice to any other remedy it may be entitled to at law, or in equity or otherwise under this Contract, terminate further ,work under this contract, in whole or in part by giving at least thirty (30) days prior written notice thereof to Contractor with the understanding that all services being terminated shall cease upon the date such notice is received. SAMalerlals ManagementkPRMContracts Documents14000- 499914964 VMC Mowing - Inledocal Contract with Grapevine\Contracl Agreement Services Only Under $50K with CIQ & Ins 2- 11.doc EXHIBIT 1 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. M. CONTRACT INTERPRETATION Although this Contract is drafted by City, should any part be in dispute, the parties agree that the Contract shall not be construed more favorably for either party. XX. SUCCESSORS AND ASSIGNS This Contract shall be binding upon the parties hereto, their successors, heirs, personal representatives and assigns. XXI. HEADINGS The headings of this Contract are for the convenience of reference only and shall not affect in any manner any of the terms and conditions hereof. XXII. RIGHT TO AUDIT The CITY shall have the right to audit and make copies of the books, records and computations pertaining 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 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 CITY 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 CITY 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 CITY'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 final printed document. S.Waledals ManagemenI11311 \Contracts Documenls14000.499914964 VMC Mowing - Inlerlocal Contract with Grapevine\Contract Agreement Services Only Under $50K with CIQ & Ins 2- 11.doc EXHIBIT 1 IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. CONTRACTOR VMC LANDSCAPE. SERVICES, L.P. By: New Waterford L.L.C., General Partner BY: Va OWNER (SIGNATURE) Date: Juste 6. m _... _ Name: Bruce Verdick Title: Executive Managing Director 2433 Merrell Road, Dallas .Texas 75729 MAILING ADDRESS 972 - 445 -5654 PHONE NUMBER 972 - 331 -4497 FAX NUMBER Bruce Verdick PRINTED NAME CITY OF DENTON, TEXAS BY: _ ....... PI. ROSINS' DATE: +: SWalerials Man agemenllPRCH1Conlracls Documentsl4000 -499914964 VMC Mowing - Interlocal Contract with Grapevine\Conlracl Agreement Services Only Under $50K with CIQ & Ins 2- 11.doc EXHIBIT 1 EXHIBIT B CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Bidder's attention is directed to the insurance requirements below. It is highly recommended that bidders confer with their respective insurance carries or brokers to determine in advance of Bid submission the availability of insurance certificates and endorsements as prescribed and provided herein. If an apparent low bidder fails to comply strictly with the insurance requirentent.s, that bidtler may be disqualified fi -om award of t {re contract. Upon bid award, all insurance requirements shall become contractual obligations, which the successful bidder shall have a duty to maintain throughout the course of this contract. STANDARD PROVISIONS: Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted work has been completed and accepted by the City of Denton, Owner; the rnini►mrn insurance coverage as indicated hereinafter. As soon as practicable after notification of bid award, Contractor shall file with the Purchasing Department satisfacto► y certificates of insurance, containing the bid number and title of 1he project. Contractor may, upon written request to the Purchasing Departinenl, ask for clarification of any insurance requirements at any time; however, Contraclors tire strongly advised to snake 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 wilh the bid. Contractor shall not commence any work or deliver any material until he or she receives notification that the contract has been accepted, approved, and signed by the City ofDentot. All insurance policies proposed or obtained in satisfaction of these requirements shall comply with the following general specifications, and shall be maintained in compliance with these general specifications throughout the duration of the Conlract, 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- V11 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 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. SWaterials Management\PRCHIConlracts Documents14000- 499914964 VMC Mowing - Inlerlocal Contract with GrapevinelConlract Agreement Services Only Under $50K with CIQ & Ins 2- 11.doc EXHIBIT 1 EXHIBIT B • That such insurance is primary to any other insurance available to the additional insured with respect to claims covered under the policy and that this insurance applies separately to each insured against whom claim is made or suit is brought. The inclusion of more than one insured shall not operate to increase the insurer's limit of liability. • Cancellation: The City requires 30 day written notice should any of the policies described on the certificate be cancelled or materially changed before the expiration date. • Should any of the required insurance be provided under a claims -made form, Contractor shall maintain such coverage continuously throughout the term of this contract and, without lapse, for a period of three years beyond the contract expiration, such that occurrences arising during the contract term which give rise to claims made after expiration of the contract shall be covered. • Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit providing for claims investigation or legal defense costs to be included in the general annual aggregate limit, the Contractor shall either double the occurrence limits or obtain Owners and Contractors Protective Liability Insurance. • Should any required insurance lapse during the contract term, requests for payments originating after such lapse shall not be processed until the City receives satisfactory evidence of reinstated coverage as required by this contract, effective as of the lapse date. If insurance is not reinstated, City may, at its sole option, terminate this agreement effective on the date of the lapse. SWalerials ManagemenITRMContracts Documenls\4000- 499914964 VMC Mowing - Interlocal Contract with GrapevinelContract Agreement Services Only Under $50K with CIQ & Ins 2 -1 t.doc EXHIBIT 1 EXHIBIT B SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: All insurance policies proposed or obtained in satisfaction of this Contract shall aclditionally comply with the following marked specifications, and shall be niainlained in compliance with these additional specifications throughout the duration ofthe Contract, or longer, ifso noted: [X] A. General Liability Insurance: General Liability insurance with combined single limits of not less than $1,000,000.00 shall be provided and maintained by the Contractor. The policy shall be written on an occurrence basis either in a single policy or in a combination of underlying and umbrella or excess policies. If the Commercial General Liability form (ISO Form CG 0001 current edition) is used: • Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual liability covering this contract and broad form property damage coverage. Coverage B shall include personal injury. Coverage C, medical payments, is not required. If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) is used, it shall include at least: • Bodily injury and Property Damage Liability for premises, operations, products and completed operations, independent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures. • Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability. [X] Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than $1,000,000.00 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. SWalerials ManagementlPRMContracts Documenls14000- 499914964 VMC Mowing - Interlocal Contract with Grapevine \Contract Agreement Services Only Under $50K with CIQ 9 Ins 2- 11.doc EXHIBIT 1 ..: l-l" -[X] Workers' Compensation Insurance Contractor shall purchase and maintain Worker's Compensation insurance which, in addition to meeting the minimum statutory requirements for issuance of such insurance, has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 policy limit for occupational disease. The City need not be named as an "Additional Insured" but the insurer shall agree to waive all rights of subrogation against the City, its officials, agents, employees and volunteers for any work performed for the City by the Named Insured. For building or construction projects, the Contractor shall comply with the provisions of Attachment 1 in accordance with §406.096 of the Texas Labor Code and rule 28TAC 110.110 of the Texas Worker's Compensation Commission (TWCC). [ ] Owner's and Contractor's Protective Liability Insurance The Contractor shall obtain, pay for and maintain at all times during the prosecution of the work under this contract, an Owner's and Contractor's Protective Liability insurance policy naming the City as insured for property damage and bodily injury which may arise in the prosecution of the work or Conti-actor'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 premises, burglary of the premises, and employee fidelity. The employee fidelity portion of this coverage should be written on a "blanket" basis to cover all employees, including new hires. This type insurance should. be required if the contractor has access to City funds. Limits of not less than each occurrence are required. [ ] Additional Insurance Other insurance may be required on-an individual basis for extra hazardous contracts and specific service agreements. If such additional insurance is required for a specific contract, that requirement will be described in the "Specific Conditions" of the contract specifications. SWalerials ManogementlPRMContracts Documenis14000- 499914964 VMC Mowing - Interlocal Contract with GrapevinelConlract Agreement Services Only Under $50K with CIQ & Ins 2- 11.doc EXHIBIT 1 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, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor's /person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ( "subcontractor" in §406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner - operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food /beverage vendors, office supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any overage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.0]](44) for all employees of the Contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown oil the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: S.Waterials Manage menITI2CHIContracts Documents14000- 499914964 VMC Mowing - Interlocal Contract with GrapevinelConlract Agreement Services Only Under $50K with CIQ & Ins 2- 11.doc EXHIBIT 1 EXHIBIT B 1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and 2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 1. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: 1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; 2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; 3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 4) obtain from each other person with whom it contracts, and provide to the contractor: a) certificate of coverage, prior to the other person beginning work on the project; and b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; SWalerials Management\PRWConlracts Documents \4000 - 499914964 VMC Mowing - Interlocal Contract with Grapevine \Contract Agreement Services Only Under $601(wilh CIQ & Ins 2- 11.doc EXHIBIT 1 EXHIBIT B 5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; 6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and 7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self - Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. S.Waterials Management\Pi2CH\Contracis Documents \4000 - 4999 \4964 VMC Mowing - Interlocal Contract wilh Grapevine \Contract Agreement Services Only Under $50K with CIQ & Ins 2- 11.doc EXHIBIT 1 EXHIBIT C CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 1491, 80th Leg., Regular OFFICE USE ONLY Session. Dale Received This questionnaire is being filed in accordance with chapter 176 of the Local Government Code by a 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. 1 Name of person who has a business relationship with local governmental entity. _- 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 authority not later than the 7'' business day after the dale the originally filed questionnaire becomes incomplete or inaccurate.) 3 Name of local government officer with whom filer has an employment or business relationship. N/A 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 0 No D. Describe each affiliation or business relationship. N/A r June 6, 2012 Signature of person doing business with the governmental entity Date SAMaterials ManagementlPRMConlracls Documents14000- 499914964 VMC Mowing - Interlocal Contract with GrapevinelContract Agreement Services Only Under $50K with CIQ & Ins 2- 11.doc Adopted 0612912007 Adopted 06/29/2007 Adopted 06!2912007 EXHIBIT 1 EXHIBIT A CITY OF GRAPEVINE TEXAS „ Purchasfng Dlvisfon - 501 Shady Brook pr., Grapovfne, TX 76051 Telephone: 817 -410 -3336 For 817.410.3066 Grounds Management Services Invitation to Bid Bid Number: 350.2011 DUE PRIOR TO: 2:00 P.M. ON December 17, 2010 Rids received later than the date and time above will not be considered for an award. BIDDERS NOTEI Carefully read all instructions, requirements and specifications. t=ill out all forms properly and completely. Submit your bid with an ORIGINAL and THREE (3) copies and include all appropriate supplements and/or samples. Please return your bid In a SEALED envelope and /or package. Be sure that the envelope Indicates the Bid Number, laid Description, and the Date and Time of the Bid Opening. Vendors return address must also be noted on the package. RETURN YOUR BID TO: City of Grapevine Purchasing Division 501 Shady Brook Dr. Room 108 Grapevine, Texas 76051 CITY CONTACTS: Gary Roscher, Purchasing Coordinator Telephone: 817 -410 -3335 Fax: 817- 410 -3066 Email: groscher @grapevinetexas.gov SCOPE AND INTENT OF BID: The City of Grapevine Is soliciting bids for mowing, litter control, weed abatement, fertilization, herbicides /pesticides /fungicide applications and landscape services to be porformed gat various parks, medians, right -of -ways, facilities, open spaces, and athletic complexes within tho City of Grapevino as described In the following bid specifications. The yearly estimated budget for these services Is $1,065,000.00. The term of this contract will be one year with four optional one-year renewal periods. The contract will be awarded to the bid providing the BEST VALUE to the City of Grapevine as determined by the evaluation criteria as stated herein. EXHIBIT 1 EXHIBIT A 1 i 1. IMMULOWN A F A r ., s w, in I City of Grapevine Purchasing Division 501 Shady Brook Dr. Room 108 Grapevine, Texas 76051 CONTACT: Gary Roscher or Bob Smeby PRE -BID MEETING: A pre -bid meeting will be held in association with this bid. Attendance A the re -blcj c f r� rmjog j mandatory. The pre -bid conference date is December 6, 2010 at 1 :00 p.rn. at tho following locallon: City of Grapevine Municipal Service Center 501 Shady Brook Drive Grapevine, TX 76051 QUESTION DEADLINE INFORMATION Questions regarding the bid should be submitted in advance and in writing to: Mr. Gary Roscher, Purchasing Coordinator, at fax number 817 -410 -3066 or mailed to: or emalled to: City of Grapevine, Texas groscher0grapevinetexas.gov, Purchasing Division 501 Shady Brook, Room 108 Grapevine, Texas 76051 it Is the bidder's responsibility to ensure that they have secured and thoroughly reviewed all aspects of the bidding documents including all addendums (if issued) prior to the bid opening All questions regarding the terms, conditions or specifications of this bid must be submitted in writing no later than two (2) business days before the bid opening. All questions that will affect the bid specifications In a material way will be answered and submitted to all bidders via email. Addendums will be issued if required and will be emalled and posted on the Purchasing website. Flo rtaN stioras wltl bq aecetited or answ(,�ed attc j-[lt7_p ray. on Drrcernt)0r 1_ _201,1 EXHIBIT 1 EXHIBIT A TERMS AND CONDITIONS: The terms and conditions set forth in this Invitation to Bid shall be incorporated Into and be a part of any proposal submitted to the City of Grapevine for the goods and /or services specified. Refer to Appendix "A" General Terms and Conditions. No other terms and conditions shall apply unless approved in writing by the City of Grapevine, Texas FUNDING: Funds for payment have been provided through the City of Grapevine, Texas budget approved by the City Council for this fiscal year only. State of Texas statutes prohibit the obligallon and expenditure of public funds beyond the fiscal year for which a budget has been approved, Wherefore, anticipated orders or other obligations that may arise past the and of the current fiscal year shall ba, subject to budget approval. CONFLICT OF INTEREST: No public official shall have interest in this Invitation to Bid or any resulting contract, in accordance with Vernon's Texas Codes Annotated, Local Government Code Title 6, Subtitle C, Chapter 171. TAXIDEBT ARREARAGE: Pursuant to Section 11.26 of the City of Grapevine, Texas City Charter, no money shall be paid by the City upon any claim, debt, demand, or account whatsoever, to any person, firm or corporation, who is in arrears to the City of Grapevine, Toxas for Taxes or otherwise; and, the City shall be entitled to a counter- claim and offset against any such debt, claim, demand, or account, In the amount of taxes or other debt In arrears, and no assignment or transfor of such debts are due, shall affect the right, authority, and power of the City to offset the said taxes or other debts against the same. BID AUTHORIZED SIGNATURElS: All Invitation to Bid responses are required to have an original signature, signed In ink by an authorized agent of your company as shown on the certification page of this request. UNSIGNED, NON - ORIGINAL, OR SIGNATURES IN OTHER THAN INK, RESPONSES WILL NOT BE CONSIDERED FOR AN AWARD. BID PROPOSAL SUBMISSION ADDRESS AND DEADLINE: Completed Invitation to Bids should be directed to the: City of Grapevine Purchasing Department 501 Shady Brook Dr., Room 108, Grapevine TX 76051 Prior To: 2 :00 P.M. on December 17, 2010 The Invitation to Bid will be accepted until the bid submission deadline (closing Ilme and date) as stated on the cover page. invll;allon to Bid responses received ratter the closing lime and date will be returned to the sender unopened, FAXED or ELECTRONIC responses are not acceptable. All Invitation to Bids are required to be signed by an authorized representative of the entlly submitting tits: Invitation to 'Bid. Invitation to Bids received unsigned will not be considered. EXHIBIT 1 EXHIBIT A ADDENDA: Any interpretations, corrections, changes to this Invitation to Bid and specifications will be made by addenda to the Bid. Sole issuing authority of addenda shall be vested In the City of Grapevine's Purchasing Agent. Addenda will be emalled to all who are known to have received a copy of the Invitation to Bid and posted on the Purchasing website. ALL VENDORS SHALL ACKNOWLEDGE RECEIPT OF ALL ADDENDA BY ATTACHING THE ADDENDA TO THEIR Sip PROPOSAL UPON SUBMITTAL. GOVERNMENTAL COMPLIANCE: All proposals must comply with all Federal, State, County, and Local laws concerning this type of service. VENDOR QUALIFICATIONS: MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A PROSPECTIVE BIDDER MUST AFFIRMATIVELY DEMONSTRATE BIDDER'S RESPONSIBILITY. THE CITY OF GRAPEVINE MAY REQUEST REPRESENTATION AND OTHER INFORMATION SUFFICIENT TO DETERMINE BIDDER'S ABILITY TO MEET THESE MINIMUM STANDARDS INCLUDING BUT NOT LIMITED TO: A. HAVE ADEQUATE FINANCIAL. RESOURCES, OR THE ABILITY TO OBTAIN SUCH RESOURCES AS REQUIRED; B. IS ABLE TO COMPLY WITH THE REQUIRED OR PROPOSED DELIVERY SCHEDULE; C. HAVE SATISFACTORY RECORD OF PERFORMANCE; D. HAVE A SATISFACTORY RECORD OF INTEGRITY AND ETHICS; E. BE OTHERWISE QUALIFIED AND ELIGIBLE TO RECEIVE AN AWARD, DOCUMENTATION: All vendors responding to this Invitation to Bid shall provide with their Bid proposals all required documentation. Failure to provide this Information could result in a rejection of your Bid proposal. 7T6XES: The City Is exempt from Federal Excise and State Sales Tax; therefore tax must not be included in the Bid proposal prico. ALTERING BID PROPOSALS: Bid proposals cannot be altered, amended or withdrawn (by (lio company submitting tho bid proposal) after the opening deadline. The signer of the bid proposal, guaranteeing authenticity must Initial any alteration or erasure made bofore this deadline, The City reserves tiro right to negollate, In wlroie or in part, with one or more contractors all Items offered in proposals as is in tho best Intorost of the City of Grapevine, Texas. BID PROPOSAL WITHDRAWAL OR REJECTION' The City reserves the right to withdraw the request for bid proposal for any reason or to reject any or all bid proposals or parts of all or any specific bid proposal or proposals. The City further reserves the right to accept part or all of any specific bid proposals or proposal, and to accept any bid proposal or proposals with or without trade -fn. EXHIBIT 1 EXHIBIT A PUBLIC INSPECTION: Bid proposals are not available for public Inspection until after the City Council of the City of Grapevine, Texas has made a contract award. If the bid proposal contains trade secrets and confidential information, then only the portion of the bid proposal that contains the trade secret or confidential Information Is riot open to the public and the vendor must specifically list that portion as confidential, Tile company submIlling the bid proposal is responsible for specifying what part of the bid proposal contains the trade secret or confidential information when the bid proposal is submillod. His not ilia resporisiblllty of tlae City of Grapevine, Texas to request this Information, All other parts of the bid proposal are open for public viewing upon request and In the ~<abs€ince of notlticalion to the City that information is confidential; the City shall make all Information available upon request through the Public Information Act. BID PROPOSALS RECEIVED LATE: The City of Grapevine is not responsible for lateness or non- delivery of mail, carrier, etc. to the City and Ilia time and dale recorded in the Purchasing office shall be the official time of receipt. it is the vendors responsibility to Insure that bids subrnlited by mail are received by Ilia date and 1lrrae requested In the bid. To insure accurate receipt and recording of bids (malt or physical dellvM), Ilia City requosts (hat bids bo delivered at least fifloen minutes before tho bid opening data and lime. In any case, BIDS DELIVERED AFTER THE BID OPENING DATE AND TIME WILL BE RETURNED UNOPIENED AND WILL NO`r BE CONSIDERED FOR AWARD. BIDS WILL NOT BE ACCEPTED BY ELECTRONIC OR FAX METHOD. PRICES HELD FIRM: All prices quoted In the bid proposals will remain firm for a minimum of 120 days from the date of the bid proposal unless it is otherwise specified by the City of Grapevine. If during the life of the contract, the successful vendor's net prices to other customers for the items awarded herein are reduced below the contracted price, it is understood and agreed that the benefits of such reduction shall be extended to the City of Grapevine, Texas, NEGOTIATIONS: The City reserves the riglit to negotiate all elements, which comprise the bid proposal, and to accept or roect pram or all of oily bid proposal. The negotiations may be with one or more companies who have submitted a bld proposal as is In the best interest of the City of Grapevine, Texas. ASSIGNMENT: The selected company's rights and duties awarded by the contract may not be assigned to another without written consent of the City and signed by an authorized agent. Such consent shall not relieve the assignor of liability in the event of default by the assignee. BID PROPOSAL AMBIGUITY: Any ambiguity in the bid proposal as a result of omission, error, lack of clarity or non - compliance with specifications, Instructions and all other conditions shall be construed in the favor of the City. CHANGE ORDERS: No oral statement of any person shall modify or otherwise change, or affect the terms, conditions or specifications stated In life resulting contract. All the change orders to the contract will be made In writing and shall not bo effective unless signed by an authorized representative of the City. EXHIBIT 1 EXHIBIT A MODIFICATIONS AND AMENDMENTS: The City shall have the right to modify this order subject to an adjustment in the price in accordance with the applicable provision of the Purchase Order, if any, or pursuant to mutual agreements. No agreement or understanding to modify this order shall be binding on the City unless it is in writing and signed by an authorized representative of the City. LIENS: The selected company, through award of contract, agrees to and shall Indemnify and save harmless the City against any and all lions and encumbrances for all labor, goods, and services which may be provided under the City's request, by sailor or seller's vondor(s) and If the City requests, a proper release of all liens or satisfactory evidence of freedom from all lien: shall be delivered to the City. GRATUITiESIBRiBES: The City may, by written notice to the selected company, cancel this contract without liability to the selected company if it Is determined by the City that gratuities or bribes In the form of entertainment, gifts, or otherwise, were offered or given by the successful Bid proposer, or its agent or representative to any City officer, employee or elected representative with respect to the performance of the contract, RELEASE OF INFORMATION: Only the name of the Company responding to this bid proposal shall be released at the bid proposal opening. Other Information submitted by the Company shall not be released by the City during the bid proposal evaluation process or prior to contract award. At no time will confidential information, as noted by the Company, be released. CONTRACT ENFORCEMENT: The City of Grapevine, Texas reserves the right to enforce the performance of any contract that results from an award of this Invitation to Bid. Enforcement shall be in any manner prescribed by law or deemed to be in the best interest of the City of Grapevine, Texas In the event of breach or default of the contract. Breach of contract or default authorizes the City to make an award to another vendor, purchase the service elsewhere and to charge lice full Increase in cost and handling to the defaulting contractor. Additionally, the City will remove the defaulting contractor from the City's list of approved vendors for a period of two years. In the event the successful contractor shall fail to perform, keep or observe any of the terms and conditions of the contract, the City shall give the contractor written notice of such default; and In the event said default is not remedied to the satisfaction and approval of the City within a reasonable period of time from which the contractor received notice, default will be declared and all of the contractors rights shall terminate. Vendors who submit proposals for this service agree that the City of Grapevine, Texas shall not be liable to prosecution for damages in the event that the City declares (lie successful contractor in default. Any notice provided by this Invitation to laid (or reolred by law) to be given to tine successful contra CIM by the City of Grapevine, Texas shall be conclusively deemed to have been given and received on the next day after such written notice has boon deposited In the mail at the City of Grapevine, °t oXas by Registered or Certified mall with sufficient postage affixed thereto, addressed to the successful contractor at the address so provided; this shall not prevent the giving of actual notice In any other manner. The successful contractor and the City of Grapevine, Texas agree that both parties have all rights, duties and remedies available as stated in the Uniform Commercial Code. EXHIBIT I EXHIBIT A The contract will be governed and construed according to the laws of the State of Texas. Performance of the agreement shall be in Tarrant, County, Texas. ADVERTISING The successful contractor shall not advertise or publish, without tile City of Grapevine, Texas' prior approval, the fact that the City has entered Into a contract, except to (tie extent necessary to Comply With proper requests for information from an authorized representative of the Federal, State, or Local government. CONTRACT ADMINISTRATOR.- Under the contract, the City of 03rapOvIne, Texas may appoint a contract administrator with designated responsibility to ensure compliance with contract requirements, such as but not limited to, acceptance, inspection and delivery. If appointed, the ;administrator will servo as liaison between the City of Grapevine, Texas and the successful contractor. TERMINATION OF AGREEMENT: The City may torrninale tile contract by giving the awarded Company Witten notice. Upon delivery of such by p1c, , City to tile coalp.-lay, tile Company shall dibconlinuo all services in connection with tile performance of [fits agreement. As soon as practicable after receipt of notice of Jermiliallon, the Company shall submit a statement, showing In dotall (lie Pro-Rated premium satisfactorily delivered and accepted by the City under this agreement to the date of termination. The City shall then pay (tie Company (hat, portion of the prescribed charges. INDEMNITY: The company making this offer agrees to defend, indemnify, and hold the City of Grapevine, its employees, officers, and elected representatives, whole and harmless against any and all claims for damages costs and expenses of parsons or property that may arise out of, or be occasioned by, or from any negligent act or omission of Prosper, or any agent or Its employees. 1311) QUANTITIES: Total quantities given In the bid proposal may not reflect actual quantities, but represent the best accuracy based on a reasonable effort of Investigation; however, they are given for the purpose of bidding on and awarding the contract, RIGHT TO -ABANDON' The City reserves the right to abandon, without obligation to the Contractor, any part of the project, or the entire project, at any time before the Contractor begins any work authorized by the City of Grapevine. BID SPECIFICATIONS The following specifications apply to this bid. Any changes made to IhOsO 5130611MAlOns as a (Osoll of vendor Inquiries, corrections or pro bid meetings will be completed by issuing a letter of clarification or addenda to all known vendors to have received the original bid and will boconio, a part- of the bid specifications. All letters of clarification or addenda should be -,acknowledged in the spaces provided within the bid documents. Any reference to a brand or specifications listed from any manufacturer's literature is meant to be EXHIBIT 1 EXHIBIT A descriptive and not restrictive of the type of commodity, item or service required by the Department. While It is acceptable for the City to reference brand names or literature It should be noted that the City would consider any brand or manufacturer that meals or exceeds all of the spocifccallons listed in the bid documents. The City reserves the right to be the sate judge fn delermfnIng it a bid meets or exceeds the required specifications. By submitting a bid each bidder acknowledges the Cit ,s right to make an award to the vendor that best meets or exceeds ilia bid spoelficallons acrd to mako are award based on the best interests of the City of Grapevine. CONTRACT.PBRiOD: The contract shall be for a period of one (1) year frorn the date approved by the City Council. If at the end of the initial contract period, the successful contractor lags perform satisfactorily, the City may, at its option, offer the successful contractor an option to renow tine contract. 1-here shall be four (4) additional one (1) year renewal options, If roquired by City policy, each option to renew may require approval of the City Council and both the City and the successful contractor shall have the right to decline to renew the contract. CONTRACT PRICING: The contract type will be a fixed price contract. Prices quoterl shall I:o firm for the initial contract terra (one year), Thereafter, any extensions which may be approved by tho City shall be subject to the following. Costs for any extension terms shall be subject to an adjustment only If Increases or decrease$ occur In the Industry. Such adjustment shall be based on the latest yearly percentage changes In the All Urban Consumers Price Index (CPI - U) as published by the Bureau of labor Statistics, U.S. Dept. Of Labor and any other manufacturer price change requests. The yearly Increase or decrease in the CPI shall be that latest Index published and available prior to the end of the contract year then in effect, as compared to the Index for the comparable month one year prior. Any requested adjustment shall be fully documented and submitted to the City at least ninety (90) days prior to the contract anniversary date. Any approved cost adjustments shall become effective on the beginning date of the approved contract extension. The City Wray, after examination, refuse to accept the adjusted costs if they are not properly documented, or considered to be excessive, or if decreases are considered to be Insufficient. In the event the City does not wish to accept the adjusted costs and the matter cannot be resolved to the satisfaction of the City, the Contract will be considered cancelled on the scheduled expiration date. EXHIBIT 1 EXHIBIT A BID SPECIFICATIONS I SCOPE OF WORK I. Introduction The City of Grapevine is soliciting bids for mowing, lifter control, weed abalomant, fertilization, Herbicideslpe 4licideslfLingicide applications and landscape services to be performed at various parks, rnedians,, right -ol -ways, facilities, open spaces, and athletic complexes within the City of Grapevine as described In (ho following bid specifications. The terra of this contract will be one year with four optional one-year ronowal periods. The contract will be awarded to iho hid providing the BEST VALUE to the City of grapevine as determined by the evaluation criteria as stated herein. The cycle frequencies stated herein are an accurate reflection of the City's anticipated needs. However, due to budget contingencies and weather fluctuations, cycle frequencies may be adjusted at any time during the contract period. At no time will adjustments to the bid prices offered be Imposed to the City. Bid prices will be held firm during the contract period. Each bid shall be accompanied by either a cashier's check, a certified check, and or an acceptable bid bond in an amount of not less than five percent (5 %) of the total airiount of the bid, made payable without conditions to " The City of Grapevine", and the amount of the said bid bond may be retained by and forfeited to tiara. City are liquidated damages if the bid covered thereby is accepted and a contract based thereon is awarded and the bid should fall to enter into a contract in the form prescribed, with legally responsible sureties, within fifteen (15) days titter such award Is made by Grapevine. II. Pre - Bid /Proposal Conference a. Pro /BldlProposal Conference Attendance at the pre -bid conference is mandatory. The pre -bid conference dale Is December 6, 2010 at 1:00 n.m. at the following location: City of Grapevine Municipal Service Center 501 Shady Brook Drive Grapevine, TX 76051 b, Site Visit It Is mandatory of each vendor to visit ALL locations sited in Attachment C Pricing Worksheet & Service Locations prior to submilling a bid, assossing each factor Involved in Il)e process of proper execution of this contract. A Site Visit Affidavit Allachnient A Is required will) the bid. Prior to award of contract, a mandatory site visit will be conducted with the rocon)inended vendor to enure a clear understanding of the scope of services and service locations. EXHIBIT I EXHIBIT UK Requirements � GLOSSARY OF TERMS |. Production schedule established year within which all prescribed maintenance activities for each area shall be completed. Tile vendor " and area inspector will agree on a regular day and time for nialrilonance, at each location. If tile vendor expects to vary from the schedule, he/she shall notify area inspector 24 hours in advance, so work cmnp{eikm can Um inspected |nm Umo|ymonnmr. Note; Fa&/oe top/nvAde contract adinfidsirator and accura(e schedule In good faith may remill in tormination of confract. U. Concurrent shall refer to all mowing, trimming, edging, and litter removal on any given item being completed on the same day. Should a given area be too large to complete in a single day, any areas that have been mowed must be trimmed, edged, and 1111ter removed on the same day 1110 mowing occurs. Ui Monthly billing ohmHro�r&mmohUmopadnd|nthommwogoohodu��«Um �— ' doOnodhyabeAn�ngmnden6n0da�.howhhhuU project mxodh maintenance activities for each area shall b*completed. ]V. inclement weather shall mean ,o|ny weather or when (fie condition of the soil lo such that the rutting of property will not allow cutting of grass to be accomplished satisfactorily. V. moviing project area suchas paper, cans, bottles, limbs/brush, rocks, etc., which is not In(ended to be present as par t of the landscape. Inclusive of entire project area Including streots, sidowalks, curb,-,, Willsides, ditches, cIc.(who re treelbrush/shrub lines Or mowing edge determine$ tile area, tile suQQessful bid will extrac(liller an additional three (3) feet, where tree/bfush/shrub, lines are in front of [once the fence wIll be (lie determining boundary). Removal of debris will require sweeping of hard surface areas such as sidewalks. tU. Chemical kimm|og shall refer io the use o/aherbicide Roundup anU/ormn approved equal) aean alternative to the p\ 'lom[ removal mr culling uf plant material from areas hbu trimmed, NOTE: CHEMICAL TRIMMING V|LLN>TBE&OCEPT2OPORTHEGDG|NG OF SIDEWALKS AND*JR CURBS. VU. 0| u mp o d g ra s s cu N jig s shall refer kxmo y aCCU nula Ion m(ruL grass U)m( oil (ha day the mow! n0 occurs exceeds 110" In height. Clumps are typically found In areas whore mowing equipment has completed one row and has reversed direclion. Property Is to be re-mowed to remove clumped grass prior to leaving properly. V|||. Mowing project area shall refer toxpoo0G geographic aum(s)ufthe Town designated (o moelvo specified muVing and related services, |X. TrImmIng shall refer to the culling or removal of all plant materials immediately adjacent to or under Town structures, trees, poles, tables, signs, fences, shrub beds, or other structures. X. Edging shall refer to the vertical removal of any and all plant material which encroaches over m sidewalks, onto dm � ' ts,Edges shallbo vertical, minimum depth o|1". and minimum widih /|/4". This task must bm done neatly hu present m clean, crisp appearance, having a smooth line, Line trimmer accepted along fences and poles. X|. Scalping shall refer to any action which results In the mowing of any turf area below the 1"helght down bz and including the soil. 2" height down Voand Including the sell for project areas designated noa14'doy mowing cycle. XU. Mono-fUwmont trimming shall refer (nidmnUng grass around fences, building, tree wells and posts. Donot directly use around the trunks of trees. 0 EXHIBIT 1 EXHIBIT A b. GENERAL SPECIFICATIONS: 1. MAINTENANCE CYCLES 1, The areas and maintenance function cycles to be provided are listed in Attachment C Pricing Workshoot & SorvIce Locations. The quantities of cycles per site per year shall be estimates only and shall not constitute a guaranteed annount to be paid to the vendor. 2. Vendors are cautioned not to subunit their bid until specifications and sites have been carefully examined, Field obseavallons are required to determine exact locations and boundaries of areas maintained. Contract Adrninlstrator /Allornate is available jo assist as needed to identify areas. II, ADDITIONS /DELETIONS /SUBSTITUTIONS: 1. Contract Administrator /Alternate is designated as the Ordering Officer and will have the authority to add or delete work, subject to the Purchasing Procedures of the City of Grapevine. 2. All Work added or deleted will be specified by location and approximate acreage. Jointly, the Contract Administrator /Alternate, and the vendor $mall measure areas added or deleted to determine the exact coverage. Such measurements small be documented and signed by both representatives, and will be the basis for determining the final scope of work and payment due to the vendor under the contract price. 3. All documentation pertaining to the additions or deletions to the work shall be maintained in a project file by the Contract Administrator /Alternate. 4. The vendor shall advise the Contract Administrator /Alternate, In wrilin , of ANY changes that need to be made to the outlined maintenance program In this contract and shall not proceed with any work until such lime as lie has received written concurrence from the Contract Administrator /Alternate. III. CITY CONTACTS: 1. This contract will be monitored by the Park & Recreation Department Contract Administrator /Alternate listed below. Contract Administrator: Mr. Timothy Hamilton 817 - 410 -3348 (Office) 817 -994 -1386 (Cell) Assistant Parks Director: Mr. Kevin Mitchell 817 -410 -3347 Purchasing Agent: Mr. Bob Smeby 817 -4110 -3335 IV. ACCOUNT MANAGER: 1. The Contractor must assign a designated Account Manager whose primary duties should Involve inspecting the work of subordinates in the field and ensuring contract compliance. He /she must also have effective written and oral communication skills. The Account Manager*s duller, experience and percentage of time the bid expects hin -9hor to commit to thls contract should be designated In writing by successful vendor and includead with the final bid. The Account Manager crannot be involved In a substantial porlion of the vendor's maintenance or administrative duties. 4 V. DAiLY CONTACT: 1. The Contractor must make daily contact with the Contract Administrator or designee In writing. This daily contact is for the purpose of discussing areas to be maintained, Contractor's work schedule for the day, areas to be inspected for approval, and Notice- to-Proceeds that need to be signed. Failure to contact the Contract Administrator, or designee IN WRITING on a dally basis may constitute a breach of Contract. EXHIBIT 1 EXHIBIT A VI, VENDOR PRODUCTION SCHEDULE: 1. Each vendor is required to submit a complete production schedule. This schedule shall meet or exceed the Cily's expectations as defined In Attachment C Pricing Worksheet & Service Locations. This schedule shall reflect Ilia vendor's abilities to execute this contract in an efficient and timely manner, while maintalning Ilia quality of work as required by the City. This schedule shell bo a realistic iarojecilon by the vendor and will serve as the governing article during the performance of (ifis contract. Any deviations from written schedule must be approved In writing (via email) by the Contract Administrator. The vendor production schedule must be submitted within tlae Operational Plan as Attachment B. It is imperative that the vendor understands that timely performance of this contract is critical. Completion days, or the lack of, as submitted and required by vendor to executo this scope of work as written, will be considered in the award process. Once this bid package Is «awardod, vondor will be expected to meet or exceed their submitted production schedule. If this production schedule cannot be met for any reason during the execution of this agreement, the City retains the right (o secure an alternate vendor to proceed. 2. At the start of each workweek the vendor will Identify the areas his employees will be working in that week and e-mail a list of the areas to the Contract Administrator /Alternate no later Ihan 9:00 A.M. Monday morning. 3. The vendor will be required to a -mail daily a weekly work summary to the Contract Administrator /Alternate oulilning the maintenance activities accomplished that week concerning this contract. VII. COMPLETION TIME ALLOTMENTS: 1. Upon receipt of a NOTICE TO PROCEED, file vendor will be allotted five (5) days to complete (heir entire maintenance cycle (Monday through Friday). The work completion time allotment should be considered a maximum, there Is no minimum. Weather and /or growth conditions may cause cancellation or delay of a mowing cycle which will be solely determined by Contract Administrator. The Contract Administrator also has sole discretion over whether soil /turf/ or weather conditions are appropriate for maintenance. Failure of the vendor to abide by the Contract Administrator's decision and direction may result In termination of contract. VIII. FAILURE TO MAINTAIN MAINTENANCE SCHEDULE: 1. Failure on the part of the Contractor to maintain the required production rate for a Project Area shall be sufficient reason for the Contract Administrator to have lire work in question or portions thereof completed by others If the Contractor shall not cure the default within twenty -four (24) hours of written notice of the default. If others complete work, any additional cost caused by a higher priced vendor will be deducted from the original contractor's next payment, if any. Failure to sustain the maintenance schedule shall be determined in the following manner: a. All Project Areas shall be malntalned according to the maintenance schedule assigned. f=inal assessment of each area may be made by the Inspector oil the morning following the and of each maintenance cycle. If the Contractor falls to meet the Contract specificafions within tiro limo limits of the schedule, then that portion of the work may be rernoved frorn his responslbllity and may be reassigned to another contractor. b. Contractor shall correct any deficiencies in work within 74 hours of written or vrarbal nollflcallon. In the event the Contractor falls to correct ilia default to tine satisfaction of the City within the specified time, or such greater time as tine City i2 EXHIBIT 1 EXHIBIT may permit, the City shall exercise all rights', Including the right tobrminahthe Contract |o whole or part. The Contractor shall pay all noot$ and attorneys 0omm |noonud by the City in the nobvreman\ o[ any provision hmnm)n or within this document. |%' REMEDIES FOR NON-COMPLIANCE: 1. Failure on the pm|of the Contractor during the term of this contract |o one o*mxxo ---°— would be �No cause for the Contract Adirilnhtrabm designee W issue u warning, In addition to liquidated damnUes as required, Area(s) oan include, but are not limited to: m. ofomViCoIrloCCmTdoow with (he specifications herein k Having more than two inspections u Failure tomuintaln work schedule d. Failure k, install materials uospecified a' Failure toshow 2 Furthermore, the Contractor shall conduct operations in a manner Iha( reflects favorably on the City. Calls from citizens concerning poor performance will be verified and If deemed correct, the Contractor shoo be md|fled. Continued performance bmau will result in cancellation of (he contract. X. DAMAGES: 1. Any damage to public or private property shall be reported immediately to the Contract Administrator. 2. The City shall not h (fable for any loss or darnagm sustained bythe vendor. Tile v endor shall save the Cfty wholorind harmlous from ally and all claims for liamlity or damage of whatsoever nature and kind, Including cost of court and attorneys fees, suffered or asserted to have been suffered by any person or to any property of any person whomsoever, growing out of or resulting from or in any way connected with the performance of work under mis agreement, The vendor sh, 11 ox rcise over necessary precaution for (lie safety of work site and the protection of any and all persons and/or I)rOpeTty located adjacent to or making passage through the work site. — The vendor hall be responsible any property damage caused by the use of vehicles or other equipment while engaged In this contract. 4. The vendor will ba responsible for any damages to the Irrigation system duo to negligence on the part of the vendor cv the vendors representative. %\' SUPERVISION: 1. The vendor shall personally supervise all work as specified in the contract. ]f the vendor cannot or will not personally supervise tile work a competent account manager is to be assigned the raupnnsIb||K)omo(oupamlolonof all work in progress mx specified |othe cnoiroot. 2. The vendor will bo required tod*nIgnata.h) writing, io the City, the name and call phone of the account manager. The designated account manager may not commence work duties until approved by (he City, S. The designated account manager Will ba given fall authority and power hoact for the vendor on Items pertaining to overall work performance, management, coordination, and supervision, whenever work specified herein |o being performed. 13 EXHIBIT 1 EXHIBIT A 4. The designated account manager may also serve as the Quality Control Inspector; provided that his/her job performance is maintained at an acceptable level to the City. 5. The account manager will be required to have a copy of Ilia contract In their possession at all time work is in progress for referral concerning questions of contracting responsibility. 6. Tile vendor /account manager shall provide supervision of all work crows at all limes while performing work under this contract. Personal supervision is not required provided that communicatlon equipment or other means are provided that enable the work crew to communicate with the vendor at all times. Each work crew shall have a designated person on the work site that has the authority to respond to Inquiries about work details or priorities. 7. The vendor shall provide [he percent of time the vendor expects the field supervisor to commit to this contract should be designated in writing. XII. EMPLOYEES: 1. Vendor will require all employees to report to work In clean uniforms in good conditions including shirt, pants, and OSHA approved safely vest. Uniforms shall have the vendor's name in a manner clearly identifiable to the public. Vendor must ensure that employees properly wear a shirt at all [lines. 2. Vendor's employees must be courteous to the public at all times while at the work site. 3. Vendor shall remove any personnel that is incompetent or endangers persons or property. 4. Vendor's employees will not consunelpossess alcohol or uselpossess any illegal drugs, or be under Ilia influence of such while on City properly and /or carrying on the requlrenront of this contract. "file vendor shall immediately romovo any such employee from the work site. 5. Conflicts, or potential conflicts due to required work and public use of a location, shall be reported to the Contract Administrator /Alternate. 6. Notification to vendor of complaints concerning the aforementioned shall be in writing if time and circumstance permits. Otherwise, nollfication shall be verbal or by telephone, and shall be confirmed In writing as soon as possible. XIiI. EQUIPMENT: 1. No tractor drawn mowers or brush hogs will be allowed except in select ROW and open field mowing. Brush (togs are only allowed @ Railroad ROW & Boyd Rd, unless approved by the Contract Administrator. 2. Properties that must be mowed with a 'walk- behind mower' (not to exceed 48 ") are: Botanical Gardens, Town Square, Liberty Park, Oak Grove Ballfields (circle drive, plaza, and 2 small strips next to concession stand only), and William D. Tate, 3. Insufficient andlor Inadequate equipment as determined by the City of Grapevine is a cause for rejection of bid. 4. Contractor equipment must be maintained in good operating condition and In sufficient quantities to adequately perform all services. 5. 'rho contractor Is responsible for performing scheduled maintenance on all equipment used on Ilia contract. As part of this bid the contractor must submit proof of an active Preventative Malntonance I quipment Program. Proof of an active successful 14 EXHIBIT 1 EXHIBIT A Preventative Maintenance Program will be used in evaluation of this bid. Copy of program must be Included In submittals. 6. Responses shall include a complete list of machinery & equipment available in Attachment D Equipment/Vehicle List Worksheet to determine whether or not the vendor can adequately perform the necessary work. All machinery & equipment the vendor anticipates commitling to this contract if awarded should be included In 1he listing. 7. The City of Grapevine reserves the right to Inspect line vendor's equipment prior to award of a contract. XIV. VEHICLES: 1. All vehicles utilized under this contract will be clean, free of mud, dirt, and grime, without noticeable rust spots and faded paint serviceable, and shall comply with safety standards required by the Stale of Texas. 2. All vehicles used by llre vendor will be identified with company name or logo, conspicuously displayed on door panels. Professionally done hand lettering, magnetic signs, or pressure sensitive decals may be used to comply with this specillcalion. 3. All vehicles operating from a public road shall have a rotating amber caution light mounted on the top of the vehicle. 4. insufficient and/or inadequate vehicles as determined by the City of Grapevine is a cause for rejection of bid. 5. Responses shall Include a complete list of vehicles available in Attachment D Equlpment/Vehicle List Worksheet to determine whether or not the vendor can adequately perform the necessary work. All vehicles the vendor anticipates committing to this contract if awarded should be included in the listing. 6. The City of Grapevine reserves the right to Inspect the vendor's vehicles prior to award of a contract. XV. INSPECTIONS: 1. The vendor Is responsible for establishing and maintaining an adequate quality control system to satisfactorily Inspect and ensure that all work performed In each service is in full compliance with the contract. 2. The vendor shall designate In the Operational Plan as Attachment B, a Quality Control Inspector, whose main duty shall be to verify contract conformity of all work performed„ They are expected to Inspect each property listed In this bid package upon completion of maintenance. This must be submitted to the Conlrracl Adminlstrator via email In a wookly Inspection report each Friday by 2:00 P.M. detailing inspections, site visits, deficiencies sited and corrected, and any other Information that Is pertinent to the contract. 3. The Contract Administrator /Alternate will make a quality inspection of completed areas within 24 hours, following receipt of daily form. 4. If completed areas do not meet contractual specifications: a. The Contract Adminlslrator/Allernate will contact the vendor to rework areas. b. Contract Administrator /Alternate will then re-inspect areas within 24 hrs. of notification of completion. c. Areas requiring re- Inspection MAY NOT be considered for payment for that billing cycle. 5. The City may inspect required equipment, supplies and safety items at any tirne when In use on City property. Any Individual, crew or equipment found deficient shall be removed t5 EXHIBIT 1 EXHIBIT A from service Immediately until faulty conditions have been corrected and passed by the City. No such removal will reduce the vendor's obligation to perform all work required under this contract and within the llmta schedule. XVI, PERFORMANCE EVALUATION MEETINGS: 1. A monthly "walk" of all properties will be conducted with the vendor and the Contract Administrator /Alternate. This will be documented in writing as to the status of the performance. If the Contract Administrator deems necessary the meeting may occur monthly, weekly, or as often as determined necessary to discuss performance. 2. A meeting shall be held not later than one normal workday after a contract deficiency is noticed. Mutual effort will be made to resolve any and all problems identified. 3. The minutes of this meeting will be documented In writing for both parties. XVIi. SAFETY: 1. A safety plan shall be Included in the Operational Plan as Attachment B. It shall address the following requirements: a. All employees shall have proper safely devices and equipment Including hearing and eye protection, and safety vests. All personal protective equipment shall meet OSHA and TXDOT safety standards. b. The vendor shall exercise extreme caution while working on medians, road sides and high traffic areas, TXDOT approved safely "men working" signage, barricades, cones, flashers /strobes /light bars, are ro• aulred when crows are working In &ny traffic situations. c. Vendor will park vehicles and equipment off clty streets where possible. Under no circumstances shall any vehlcle or equipnreni be parked on tire Inside lane of any street. Any vehicle or equipment park in the far right lane of any street shall have safely flashers /directional light bars on and working properly. The area behind the parked unit must be conod off with safety cones spaced tell (10) feet apart and a minimum of one hundred (111+0 fool behind the unit. The vehicles shall be clearly identified with the vondor's company narne and telephone number. d. Vendors discovered working without necessary safety devices or equipment in place will be required to slop all work In progress until adequate equipment has been obtained and approved by to the Contract Admintstrator /Alternate. e. All supervisors and employers who will be directly working on the maintonanco of the Rail Road ROW f)iust bo cortifl In tho roadway Workers Protection On -Track Safely Program. This Is Iraining required by lho Federal Department of Transportation and the Federal I3al(road Administration. Contact Rot) price, Fort Worth & Western Rail Road at (8l i)- 222 -9798 (o t. 208) for haining information. Provide documentation of certification with Operation flan as Attachmenl B. f. The vendor must be licensed by the Texas Structural Pest Control Board and/or Texas Department of Agriculture. A copy of the license and a listing of the license numbers shall be submitted with the Operational Plan as Attachment S. g. Any hazardous condition or any damage to City property is to be immediately reported to the Contract Administrator /Alternate. XVlll. MOWING DAMAGE/ SAFETY: 1. The vendor(s) shall be responsible for any damage to the property during the 16 EXHIBIT 1 EXHIBIT A maintenance operation. 2. The vendor shall be responsible for replacement of all trees, shrubs, around covers, valve boxes, valve box lids, which are destroyedfdamaged by the vendor, employees or agents of line vendor during the maintenance operation. They shall be replaced to 7 days, unless it Is a safety hazard. Safety hazards must be handled ASAP. 3. Trees and shrubs must not be burped or marked by mowing or edging equipment. Damage to (roes or tree collars will be assessed at $100.00 for each instance. If damage Is severe tree /shrubs will be replaced based on the sole discretion of the contract administrator. 4. Mulch rings shall be reshaped within twenty -four (24) hours when dislodged by mowing equipment. 5. Any hazardous conditions and /or damage to City property will be reported to the Contract Administrator /Alternate prior to leaving the work site. XIX. OZONE ALERT DAYS: 1. On ozone alert days, vendors are required to refrain from mowing until after 10 A.M., unless diesel powered equipment is used. The North Central Texas Council of Governments offers current (laity ozone conditions @ I)tlp:l/ �vww. nctro g. oYgttrons /airlozone /cufrent.asp. This webpage can be checked daily for current ozone conditions. It Is the responsibility of the vendor to be aware of ozone alert condillons. Fallure to comply with these standards will be grounds for the following: a. a. First Offense: Verbal Warning. b. b. Second Offense: Written Warning c. c. Third Warning: Contract Termination c. SPECIFICATIONS FOR LANDSCAPE SERVICES I. Mowing: 1. All turf areas will be mowed weekly (unless otherwise indicated) at recommended heights during the growing soason and noticeable clippings /grass clumps on turf areas removed. Any changes In tine raaowin(d tnelght are to be approved by the Contract Administrator/Alternate. Variety Mowing 1-elght Optimal Mowing Range Height Common Bermuda grass --6-.75 -- 3.0 incises 1.5 inches Hybrid Bermuda grass 0.75 — .. Inches 1.0 inch St. Wigustlne grass 1.5 — 3.0 Inches 2.0 inches loysia 0.75 — 2 0 1 nches 1.0 Inch 2. Bruising or rough cutting of the grass Is not permitted. Mowers will be adjusted and operated so that the grass Is cut at a uniform height. 3. Turf that is asked to be cut at .75" or lower will be cut with a Reel type mower. 4. The turf will be cut in different directions to help prevent the grass from growing in one 17 EXHIBIT 1 EXHIBIT A direction and becoming rutted. 5. in an effort to not bag lawn clippings, mulching mowers are preferred to mowers that throw clippings Into rows. 6. Areas serviced will have a finished appearance with walks and curbs appearing to have been swept. The successful vendor shall not blow litter, debris, leaves, clippings, etc. Into the streets, landscape beds, or other property. 7. Mowing will not be permitted within 18" of each tree In order to avoid damage to trees. 8. Roadsides and Rights of Ways (ROW's) will be mowed from back-of-curb 10ft or to any existing fencing or easement that Is discernable such as tree lines, power poles etc. On some of these areas the mowing area will be less than the 10ft and in some areas it will be more than 10ft. 9. Mowing will include a 5 ft area behind all fire hydrants in the Roadsides & ROW's and IN to each side where applicable. 10. Removal of all litter and fallen leaves from the entire property, and hauling such debris away. 11. Litter must be removed from turf prior to mowing (1"X 1" and larger). This includes, but not limited to, bottles, cans, paper, brush, rocks, tree limbs, etc. which are not intended to be part of the landscape. Shredded litter must be removed the day of the complaint or a $25 penally per day for each area Identified per site will be deducted from lice appropriate monthly billing. 12. All concrete, asphalt areas, brick pavers, paved ends on medlans, and or rlghl -of -ways shall be weed /grass free and blown clean of all debris after each cycle. 13. Weeds /grass growing in the expansion Joints, within two (2) feet of the edge of the paved surface, must be removed or treated with an approved herbicide as needed. 14. Dove Park and Pleasant Glade Pool Area Mowing cycle is to be done on Wednesday of each week, completed by 8:30 A.M deadline. 15. Tennis courts are to be clean of all debris, leavos, grass clippings, and trash after each mowing cycle. 16. All swimming pools, Botanic Gardens and water features: Grass catching equipment MUST be used on mowers. Clippings and trash must be swept or picked up, taking care that none of the clippings gets Into water features or swimming pools. 17. All mowing is to be accomplished Monday through Friday, weather permitting. It will be considered a breach of the contract if the schedule is repeatedly missed. 18. The Contract Administrator /Alternate reserves the right to cancel scheduled mowing cycles on a week -to -week basis, based upon need, prevailing weather conditions, and available funding. II. Edging 1 Trimming: Edging all turf along walks, curbs, plant beds, signs, poles, and other obstacles as follows: 1. All edging will be done with a fixed blade edger that leaves a sharp edge not a monofilament trim er . 2. All turf will be edged and trimmed each time turf is mowed. 3. All sidewalks, curbs, and steps will be mechanically /vertically edged using a metal blade exposing concrete surface to be completed at the end of first cut. 18 EXHIBIT 1 EXHIBIT A 4. Sidewalks must be edged on both sides, 5. All material dislodged by edging must be removed from the site, 6. Monofilamenl trimming will be used for grass around fences, building, tree wells, posts, and other obstacles. 7. Monofilament trimming will not be used around tree trunks. 8. Trimming will Include the removal of suckers (by hand, using hand pruners) from the trunk and /or base of all trees and ornamental trees. Ill, Bed Maintenance 1. All bed area and tree rings will be policed for weeds, paper, and debris each maintenance cycle. 2. All planter beds, tree circles, sidewalk cracks, etc. are to be sprayed periodically to control unwanted grasses and broadleaf weeds. 3. 3" of shredded hardwood mulch Is required for weed control. 4. Shrubs, groundcovers, espallered shrubs and vines are pruned according to recommended hor(Icultural practices to maintain a clean, attractive appearance. (Reference ANSI A 300 trimming specifications). 5. Shrubbery will be pruned as needed to insure the correct shape and natural growth habit for the area In which the shrubs are growing. 6. Tip prune selected branches of low growing shrubs or groundcover masses to maintain an even overall height to promote fullness. 7. Ground cover plantings wlIl be pruned as required to restrain perimeter growth to within planting bed areas where adjacent to walks and curbs. 8. 6LL dead plant material must be removed. 9. All tree rings and planting beds shall be maintained free of weeds /grass. Non - selective herbicide may be applied to some areas by a licensed applicator if. approved by the Contract Administrator /Alternate. 10. Chemical practices shall not be a substitute for hand weeding where the latter is required for complete removal. However it Is recommended that herbicides be used to control weeds as needed. 11. ShrrablGround Cover lied We Coralrol (THIS gC�BS NOT APPLY TO COLOR I1 l)S) January 15- 30 °F'orduturrr 3 oz. of I�roducl par 1Q00 sq.ft. and Gallery at 0 °5 rr. leer 1000sq.fl. A sccorrcl ai piicalion of the sarne products needs to be applied Sepiembor 1 -15, Wcods and grass co,�trol In beds will Inctudo l and puking sprq ing as neoded. 12. April 1 -15 apply 13 -13 -10 granular fertilizer. with 30 -50% IBDU slow release @ 2 lbs. actual product per 1000 sq,fl. 13. August 15 -30 apply 13 -13 -10 granular fertilizer with 30 -50% IBDU slow release @ 2 lbs. actual product per 1000 sq.ft. IV. Herbicide 1, The vendor shall obtain a ninety percent (90 %) control of all noxious weeds, grasses, brush, (except Bermuda Grass) and maintain the control of the vegetation throughout the year. Weeds and grasses other than Johnson grass shall be less than 10° high, and Johnson grass shall.be maintained at a.height of less than 18" where herbicide spraying Is used. 19 EXHIBIT 1 EXHIBIT A 2. :Spot reA n ot; As required by the City within Thirty (30) calendar days following completion of fire first and second treatments reflecting above, when necessary to secure effective kill as required by thoso s =peelficalions. 3. Substitutions — Common named /Referenced herbicides are based on past use. Other approved equal /substitute herbicides may be used if approved by the Contract Ad ml n i stra for /Al to rn a te. 4. Any plant(s) that is killed or permanently damaged by the application of herbicides or fertilizers shall be replanted by (he vendor. Permanent establishment of (he new plant(s) Is the sole responsiblilly of the vendor. Turf grass re- establishment shall be done at no additional cost to (he City. 5. Care shall be taken to avoid herbicide drift and damage to adjacent trees, shrubs, and other plant material. 6. Vendor will be responsible for any damage done to plant material or other property during maintenance operations. Vendor will be responsible for replacement of all plant material damaged or destroyer) by 1111r)llrer or his /her employees. 7. The vendor must be licensed by the Texas Structural Pest Control Board and /or Texas Department of Agriculture. A copy of the license and a listing of the license numbers shall be submitted with a bid response. 8. Ail herbicides shall be mixed and applied in strict accordance with the manufacturer's E.P.R. Registered Label. 9. The vendor shall comply with all pesticide/herbIcIde :;application requirements as set forth by the Texas Structural Pest Control hoard, Iho Texas Department of Agriculture, tine Federal Environmentdi Protection Agency and manufaclurets' instructions provided with chemicals on labels and/or accompany brochures. If the chemical mix being used is suspect, the Texas Structural Pest Control Board will be requested to check and verify requirements 10. All equipment used by the vendor for herbicide application must be inspected and licensed by the Texas Structural Pest Control board or Texas Department of Agriculture and must comply with all applicable State, Federal and OSHA regulations. The vendor shall submit a listing of equipment In Attachment D Equipment/Vehicle List Workshoet to be used with the bid as a basis for (tie City to determlire the vendor's ability to perform the work within the time frame specified, A perrmancrit rotating amber caution light will be mounted on top of each place of equipmont that operates from public roads or Inside park boundaries along with TXDOT approved road slgnage. 11. Warning slgnago will be required and will be mounted on 12 " -24" stakes or holders. Signage Is to be provided by the vendor with verbiage s1mllar to the following: „WARNING: This parklFacility is scheduled for a Herbicide Treatment In the next 48 hours. If turf appears wet, please stay off until dry." The slgnage Is required to contain the vendor's name and telephone number. A photo sample of this $ign shall be submitted within the Operational Plan Attachment B. The proper number and size of signs will be placed so as entrance Into the Park from any diroctfon will not be possible without at least one sign being seen. Signage to be removed by contractor within 48 hours after application completed by the vendor. 12. All areas in the parks, facilities, medians /roadsides, ROW's, drainage channels, and ditches within tite City limits of Grapevine, Texas to receive herbicide treatments are: a. TURF AREAS —To Include Parks, Facilities, and Irrigated Medians /Roadsides per specs below: L Herbicide Treatments (growing season March - October) 20 EXHIBIT 1 EXHIBIT A 1. Post emerge treatment for grassy & broadleaf weeds both perennials and annuals on an as needed bases. To be mutually determined by vendor and Contract Administrator /Alternate. 11. Herbicide Treatments (non-growing season November- February) 1. Post emerge treatment for grassy & broadleaf weeds both perennials and annuals on an as needed bases. To be mutually determined by vendor and Contract Administrator /Alternate. b. NON TURF BERMUDA RELEASE AREAS -- To include the Baptist Church Parking Lot, Bushong, Capital, Dove Rd„ Glade Rd., Grapevine Mills Blvd. NE, Hanover, Hughes, Kimball Rd. W, Metro Circle /Metro Place, Shadybrook Dr., Snakey Ln., Trinity Blvd. One (1) application mid season - applied May -- August 1. MIX: Round -Up Pro(Monsanto) - 19 ozJacre, Oust Extra(Dupont) - 3 -4 oz. /acre, Garton 3A(Dow AgroScience 64) - 192oz. /acre, Red River 90110 Surfactant - 8 oz. /acre c. DRAINAGE CHANNELS AND DITCHES I. All channel areas with concrete surfacing shall receive spot treatment for any weeds and grass, as needed. II. Areas of drainage, ditches and channels to receive herbicide treatment Is further defined as being the bottom, sides, and banks to the limits of the "Right of way" or easement line, the top of the bank of the dltch or channel wall or grade shall prevail. In the event privately owned walls, fences, terraces, or other appurtenances border the ditches or channels, the treatment shall extend only to these appurtenances. Ili. The treatment of these specified areas may need to be accomplished by hand. Due to the locations, some applications cannot be accomplished by March Iv. The herbicide to be used in treatment of vegetation shall consist of a combination of contact and systemic herbicide chemicals which will effectively kill all vegetation, (except Bermuda grass). Minimum of two 2) applications per Year. a. MIX: Rodeo- 1% solution & Valent X77 spreader- 2 pints /100 gallons 13, At the end of each monthly billing cycle, a copy of the pesticide log for all chemicals applied in the City of Grapevine must be Included with the invoicing. If there were no chemicals applied, a letter stating so will be sufficient. 14. If the specified chemical Is no longer available, the price for the new chemical may be renegotiated. V. Fertilizer 1. Fertilizer Schedule for Turf Areas (non - overseed turl) a. April 1 -April 20 apply granular fert. 28 -3 -10 50 %SCU &3 %FE, c@i 4.5 lbs. actual product per 1000 sq. ft. b. June 1 -June 20 apply granular fert. 28-3-1050% SCU & 3% FE, @ 4.6 lbs. actual product per 1000 sq. ft. c. August 15- August 30 apply granular ferl. 28 -3 -10 50% SCU & 3% FE, a@ 4.5 lbs. 21 EXHIBIT 1 EXHIBIT A actual product per 1000 sq. ft. 2. Fertilizer Schedule for Turf Areas (overseed turf) a. Feb 1 -Feb 15 apply granular fer(.16.6 -0 -0 Calcium Nitrate, @ 5 lbs. actual product per 1000 sq. ft. b. 10 -14 days after overseed: apply granular Pert. 10.20 -10, @ 5 lbs. actual product per 100 sq. ft. c. Nov.1 -NovA6 apply granular Pert. 21 -0 -0, @ 4 )bs. actual product per 1000 sq. ft. 3. Botanical Gardens / Mitchell House / Great Lawn Area / Hybrid Turf — 28 -3 -10, 50% SCU, 3% Fe, @ 4.6 lbs. actual product per 1000 sq. ft. 4. All hard surfaces (sidewalks, parking, etc.) will be blown off immediately after fertilizer applications. 5. In lieu of detailed time /date schedules for treatment, the vendor shall In coordination with the Contract Administralor /Alternate, develop a schedule that is mutually agreeable to both. in the event of a disagreement, the schedule of the Contract Administrator /Alternate will prevail. V1. Trash Receptacles /Recycling Receptacles /Lllter 1. All trash receptacles located within the park, trail, and /or facility shall be Inspected during each cycle. 2. The City will require additional trash services on weekends, holidays, and after hours. 3. All can liners are to be replaced when container is 1/4 full. If container liner Is holding water, the container Is to be emptied of water each cycle. Liner requirements are as follows for trash receptacles: a. Minimum of .90 mil., 40 °x46" wllh a capacity of 40 -45 gallons. b. All bags are to have a star bottom. c. All bags are to be black, brown, or nonlransparenl, 4. Liner requirements are as follows for recycling receptacles: a. Minimum of .90 mil., 40 "x46" with a capacity of 40 -45 gallons. b. All bags are to have a star bottom. c. All bags are to be clear. 5. litter Is deflnod as all trash, 1" X 1 " and (argot. This Is to Include trash, tires, brush (branches and small Ilmbs), furniture and of , Styrofoam poartuts (packing material) will be required to be picked up in tiie downtown area. Where applicable, litter pick up Includes all trash cans on serviced properties. 6. Where tree / brush / shrub lines or mowing edge determines the litter pick -up area, the vendor will extract litter an additional threo (3) feet. 7. Where tree / brush / shrub lines are in front of fence the fence will be the determining boundary. 8. Picked -up litter will be legally disposed of in accordance with all City, State, and Federal environmental guidelines. 9. The City of Grapevine agrees to allow the vendor to dispose of litter, including trash, brush, etc, at the City Maintenance Facility at 501 Shadybrook. NOTE Only trash picked up with the City of Grapevine is to be disposed of at lire City Facility. 22 EXHIBIT 1 EXHIBIT A 10. Roadside litter pick -up and disposal is to be completed within the-first 7 working days of every month during the contract period. No roadside litter pick -up will be allowed on Fridays. 11. The City reserves the right to Increase, decrease or cancel the frequency of Park/Facilily Roadside litter pick -up on a week -to -week or month-to-month basis without an adjustment in the pricing offered. VII. Annual Color 1. Vendor will provide two (2) seasonal (Spring /Summer and FallMinter) color plantings per year unless otherwise specified in Attachment C Pricing Worksheet & Service Locations. Plant material type, variety, and color will be selected by Contract Administrator /Alternate. 2. Remove old seasonal color, rake off existing mulch layer, clean weedsllrash from planting bed, Roto -till to turn and fluff bed to a min. depth of 4" max. 6", rake bed smooth and remove clods /rocks greater than V. 3. Add Insecticide at time of planting (Merit) or approved equal. (Fall/Win(er planting only) 4. Add fungicide at the time of planting. (Subdue) or approved equal. (Fallf inter planting only) 5. At each Color change apply 13 -13 -10 granular fertilizer with 30.50% IBDU slow release @ 2 lbs. actual product per 1000 sq.ft. Add granular fertilizer at lime of planting. (Color Star,) or approved equal. (Spring /Summer and FaIVWinter planting) 6. Top dress all beds with fine shredded hardwood mulch to a depth of 2" 7. A representative sample of ail plant material must be approved by Contract Administrator /Alternate prior to all plantings. 8. Plant spacing: a. Spring /Summer plantings. 4" pots planted at two (2) pots per Sq. Ft. b. Fall/Winter planting. 4" pots planted at three (3) pots per Sq. Ft. c. All one (1) gallon plants requested will be planted at one (1) per Sq. Ft. 9. At each planting all color must be hand - watered /drenched immediately after planting. Soil must be moist to a depth of 6 ". VIII. Overseeding 1. A Threeway blend of turf type perennial rye grass applied at a rate of 10 LBS per 1000sq.ft. The contract administrator will approve the type. 2. Each seed variety should be approx. 33% in the blend. 3. Less than 5% inert matter 4. Less than 2% other crop seed. 5. less than 0.05% weed seed r 6. Minimum 90% germination. 7. The following properties are the only ones to be overseeded: Liberty Park, Main St. N, & William D. Tale. iX. Additional Service Requirements 1. Trash Receptacles /Recycling Receptacles/ Litter 23 EXHIBIT 1 EXHIBIT A a. All litter and /or hazardous materials will be picked up and removed as needed on an as needed basis. Determination will be made by the Contract Administrator during the non mowing weeks. b. All can liners are to be replaced when container Is' /, full. if container Ilnor is holding water, the container is to be emptied of water each cycle. c. Liner requirements are as follows for trash receptacles: I. Minimum of .90 mil., 40 "x46" with a capacity of 40.45 gallons. Ii. All bags are to have a star bottom. Iii. All bags are to be black, brown, or nontransparent. d. Liner requirements are as follows for recycling receptacles: I. Minimum of .90 mil., 40 °x46" with a capacity of 40 -45 gallons. II. All bags are to have a star bottom. Ill. All bags are to be clear. e. fitter Is defined as all trash, 1" X t., and larger, This Is to include trash, tires, brush (branches and small limbs), furniture and etc. Styrofoam peanuts (packing material) will be required to be picked up In the downtown area. Where applicable, litter pick rap Includes all trash cans: on serviced properlies. f. Where tree I brush I shrub lines or mowing edge determines the litter pick -up area, the vendor will extract litter an additional three (3) feet. g. Where tree I brush I shrub lines are In front of fence the fence will be the determining boundary. h. Picked -up litter will be legally disposed of In accordance with all City, State, and Federal environmental guidelines. I. The City of Grapevine agrees to allow the vendor to dispose of litter, including trash, tires, etc. at the City Maintenance Facility at 501 Shadybrook. NOTE only trash picked up with the City of Grapevine is to be disposed of at the City Facility. J. Roadside litter pick -up and disposal is to be completed within the first 7 working days of every month during the contract period. No roadside litter pick -up will be allowed on Fridays. k. The City reserves the right to Increase, decrease or cancel the frequency of Park/Faclllty Roadside litter pick -up on a weak -to -week or month -to -month basis without an adjustment in the pricing offered. X. Ant Abatement Service Requirements 1. Applications times to be determined by the Contract Administrator in conjunction with daily weather conditions 2. Application to be done In a broadcast method with ground equipment calibrated to give correct dosage. (Documentation of proper calibration to be provided by successful vendor and Included In Operational Plan as Attachment 13) Application to be made at 1.5 lbs. per acre. Active Ingredients to be: Hydramethylnon 0.365% and S- Melhoprene 0.250% or approved equal. 3. Applications to include all landscaped beds, turf and non -turf areas (dirt/gravel) in all areas designated In Attachment C Pricing Worksheet & Service Locations. 4. ALL existing fire ant mounds to be individually treated at time of applications. 24 EXHIBIT 1 EXHIBIT A 5. Vendor is responsible for repairing any ruts in turf, replacement of valve boxes /covers, damage to irrigation controllerstheads and valves, or any hardscape feature made during application. 6. Vendor to provide MSQS (Material Safety Data Sheet) on approved chemicals. 7. Turf tires required on all equipment used in making the application. 8. At all water features, extreme care /caution must be taken to assure that the pesticide does no gel into water. Any damage to fish or aquatic life will be replaced at the vendor's cost. 9. The Contract Administrator and the pesticide applicator will hold a mandatory daily pre- application meeting to go over properties scheduled for that day. XI. Addition at 'Irregular Projects 1. At irregular Intervals, the Contract Administrator will request various landscape andlor Irrigation work to be done at various locations throughout the City of Grapevine. Examples are as follows: landscape bed replacemenl/enhancemenl at various locations, Irrigation Installation /reconfiguration as needed at various locations, etc. Pricing for these projects shall be obtained by using the Attachment C Pricing Worksheet & Service Locations. 2. The quantities of Irregular work per year shall be estimates only and shall not constitute a guaranteed amount to be paid to the vendor. 3. Landscaping projects must be performed as follows: a. A representative sample of all plant material must be approved by Contract Administrator /Alternate prior to all plantings. b. At each planting, all plant material must be hand - watered /drenched immediately after planting. Soil must be moist to a depth of 6 ". G. At each planting apply 13 -13 -10 granular fertilizer with 30 -50% IBDU slow release @ 2 lbs. actual product per 1000 sq.ft. d. 3" of shredded hardwood mulch Is required for weed control. d. Irrigation projects must be performed as follows: a. All new irrigation plans must conform to the City of Grapevine Chapter 7 Building and Construction. Article XII, Irrigation Code. b. A licensed irrigator must be on -sile during the installation of any Irrigation system. A final walk through must be conducted with the Contract Administrator. All concerns of (he Contract Administrator must be addressed w Min 24 hrs. unless otherwise arranged by the Contract Administrator. c. All new and retrofitted projects must follow TCEQ guidelines and City of Grapevine Chapter 7 Building and Construction. Article XII, Irrigation Code. IV. Warranty The successful Vendor shall warrant that all Items /services shall conform to the proposed specifications and /or all warranties as stated in the Uniform Commercial Code and be free from all defects In material, workmanship and title. All trees and shrubs planted under this contract will carry a one year replacement guarantee. 25 EXHIBIT 1 EXHIBIT A V. Operational Plan Any proposal without an operational plan will be considered non - responsive. The written Operational Plan must be labeled as Attachment "B" Operational Plan. Evaluation of the operational plan shall be based on the following submitted information: . Equipment to perform Contract requirements (including year, make and model). • Number, name, title, necessary licenses, etc. of employees to perform Contract requirements. • Proposed vendor production schedule (days, times, length at each location) • Safety program detailing procedures, topics, and frequency of (raining • Traffic control plan and defined equipment staging areas. • Inclement weather make -up procedures. . The bidder must provide a list of suppliers for green goods, hard goods, and chemical /fertilizers to be utilized in the performance of the bid. • The bidder must provide a list of products to be utilized in the performance of the bid. VI. Flve(5) Year Work History Vendors participating in the bid process must complete and submit a five (5) year work history. The vendor's five (5) yoor work history must be written In resume form and must be attached to their bid as a separate document. Pholos may accompany package. Vendors must Include the following In their resume: - Qualfffcallons Years In Business - Staff Profile - Experience in providing liketsimilar grounds maintenance services required by the City of Grapevine - The bidder shall Identify the business entity as individual, assumed name, partnership (naming partners), or corporation and Indicate the official capacity of the person(s) executing the bid. in addition bidder must Include: - Number of full -time hourly employees employed by (lie business currently - Number of part -lime hourly employees employed by the business currently. - Number of salaried supervisory employees employers by the business currently. - A minimum of five (5) organizations where the contractor Is currently providing flkelsinillar grounds maintenance services. This list is to Include the names and telephone numbers and contact personnel of each organization, - A list of three (3) organizations where (he contractor Is no longer provid €ng likolslmllar grounds maintenance services. This list is to include the names and telephone numbers of contact personnel at each organization. - The number of acres and type of facitllies /parks /roadways presently being serviced and for how many years for each facililylpark/roadway. All locatlons to bo serviced In this contract are high profile, highly visible properties. Work history should reflect properties consisting of a stnallar size and scope. i lals can be office buildings, public buildings, public roadways, or public parks. Histories must Include tip to date contact information. Contact information must be verified by vendor prior to submil(ing work history. Contact information will be used by City of Grapevine Parks staff for verification ganef referencos. Work History should Include the entities main office number in addition to office 26 EXHIBIT 1 EXHIBIT A numbers and email addresses for the person/persons responsible for adminlstraling the contract or work provided. Work history should not contain work not directly performed by Vendors Company. The rive Year Work History must be titled: Attachment "E" Five Year Work History Note: ' Vendors not following directions properly by not completing and including required submittals will be deemed nonresponsive and disqualified from the bid process. VII. Submittals The following submissions are required In order to research, evaluate and verify each bid to determine the "Best Value" bid for the City. Missing submittals may deem the bidder non - responsive and disqualified. ➢ Attachment "A" Site Visit Affidavit ➢ Attachment "B° Operational Plan as required In various sections throughout the specifications ➢ Attachment "C" Pricing Worksheet and Service Locations ➢ Attachment "D" EquipmenWehicle List Worksheet as required In various sections throughout the specifications ➢ Atlachment "E" Five Year Work History as required in Section VI ➢ Attachment °F" Optional , Pricing Worksheet for Non - Contract Services This worksheet is an optional submittal. It will NOT be used in the evaluation of the bid and will not be part of the contract. The City may use this pricing as a reference for additional services needed beyond the scope of services required in this Best Value bid. ➢ Affidavit of No Prohibited Interest ➢ Conflict of Interest Questionnaire (CIO) ➢ Vendor Acknowledgement Form ➢ W -9 Form VIII. Evaluation Criteria A review committee will judge the merit of bids received In accordance with the requirements defined herein. Failure of vendor to provide In their bid any Information requested in this bid may result in disquallficat €on of the bid. The solo objective of the review committee will be to select the Best Value 1=31cj for the City of Grapevisae. The contract will be awarded based on the following evaluation criteria: ➢ 30 °!o Cost as evidenced in Attachment "C° Pricing Worksheet and Service Locations ➢ 30% Components of the Operational Plan as evidence In Attachment "B" Operational Plan ➢ 30°o Work History and References as evidenced in Attachment "E" Five Year Work History ➢ 10% Equipment and Vehicles as evidenced In Attachment "D" Equipment/Vehicle List Worksheet 27 EXHIBIT 1 EXHIBIT A BID SECURITY BONDING; Each Bid shall be accompanied by a Certilled Check, or Cashier's Check, or a Bid Bond issued by a surely licr;nsed to conduct business in the State of Texas In the amount of 5% of the greatest total amount of Rid. 131d security shall be mado payable to, and small revert to, the City of Grapevine In (lie event (lie successful Bidder shall fall to oxocule the Contract williln tan (10) days after receipt of the Contract for execution. The City of Grapevine reserves the right to rotoln the Bid Security of the next two best value bidders until awarded bidder enters into Contract or until 90 days after bid opening, whichever is shorter. All other bid security will be returned as soon as practicable. If a Bidder refuses to enter Into a Contract, the City of Grapevine will retain the 1314 Security as liquidated damages, but not as a penalty. 28 EXHIBIT 1 EXHIBIT A GENERAL REQUIREMENTS: Except as olherwlse specified, the contractor and Ills subcontractors of any liar will be required at their own expense to maintain in effect at all times during the performance of the work, Insurance coverage with llmlls not less than those set forth below with insurers and under forms of policies satisfactory to lire City of Grapevine. It shall be the responsibility of the contractor and any subcontractors to rnalattain adequate insurance coverage and to assure that all subcontractors are adequately Insured at all tin ms. Fallure of the contractor and fits subcontractors to maintain adequate coverage shall not reltove film of any contractual responsibility or obligation. CERTIFICATES OF INSURANCE: At the time of the execution of this contract and each subcontract, but In any event, prior to commencing worts at the job site, the contractor and Iris subcontractors shell furnish tine City with cortilicates of Insurance as evidence that the policies provlding the required coverage and limits of Insurance are in full force and offecL Tile certificates of Insurance shall state the City as an Additional Insured where applicable. The certificates shall provide that any company issuing an Insurance policy for the work tinder this contract shall provide neat less than 30 days advance notice In writing of cancellation, non-renewable, or material change In the policy of Insurance. to addition, the contractor shall Inirnedlatoly provide written notice to the City of Grapevine and Engineer upon receipt of notice of cancellation of an Insurance policy or a decision to terminate or falter any Insurance policy. All certificates of insurance shall clearly stale that all applicable requirements have been satisfied Including certification that the policies are of the "occurrence" type. Certificates of Insurance for contractor and subcontractors, terminations, or alterations of such policies shall be mailed to the Risk Manager, City of Grapevine, P. 0. Box 95104, Grapevine, TX 76099. COMPREHENSIVE GENERAL LIABILITY: This Insurance shall be an occurrence type policy written in cornprohensivo form and shall protect than contractor and his subcontractors and the Additional Insured against all claims arising from bodily Injury, sickness, disease, or death of any person other than the contractor's employees or damage to property of the City of Grapevine or others arising oul of the act or emission of life contractor or his subcontractors or their agents, employees, or subcontractors.. This policy shall also include protea:lian against claims insured by usual personal Injury liability coverage, a (protective liability) endorsed to Insure tine contractual liability rassurned by the contractor and his subcontractors under the article entitled indemnification and completed operations, product liability, contractual liability, broad form property coverage, xcu, premises /operations, and Independent contractors. Bodily injury .............. $1,000,000 Property Damage............ $2,000,000 COMPREHENSIVE AUTOMOBILE LIABILITY: This Insurance shall be written In the comprehensive; form and shall protect the contractor and his subcontractors and the Additional Insured against all claims for injuries to members of the public and damage to property of olhors arising from the use of motor vehicles, and shall cover operation on and off lire site of all motor vehicles licensed for highway use, whether they are owned, lion- owned, or hired. .t he liability shall not be less than: Bodily Injury and Properly Damage ............... $1,000,000 Combined Single Limit 29 EXHIBIT 1 EXHIBIT A WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY: This Insurance shall protect the contractor and his subcontractors and the Additional Insured against all claims under applicablo state worker's compensation laws. The Insured shall also be protected against cialn'as for injury, disease, or dealt) of employees which, for any reason, may not fall within tho provision of a workers' compensation lam This his pollcy shall include a) all- states' ondorsement.. The liability shall nol be less than: Workers' Componsatlon .................... ....., ....- Statutory Employers' Llablllty.— . .... $500,000 each accident Disease policy limit .................. ............................... $500,000 Disease - each employee Refer to Rule 28 TAC 110.110 relating to REPORTING REQUIREMENTS FOR BUILDING OR CONSTRUCTION PROJECTS FOR GOVERNMENTAL ENTITIES found in Appendix D PROPERTY LIABILITY; Property Insurance $mall be for the onllre work, including materials not In place at the site to the full Insurable value thereof, All Bulldors frisk insurance shall include the interest of the City, the Contractor, subcontractor, and sub - ;subcontractors In the work and shall be written on an 'All Risk" bass. A copy of the Builder's Risk Policy shall be filed with the City at the Risk Management Department and shall include a thirty (30) day notice of cancellation of policy provision. CONTRACTOR'S LIABILITY INSURANCE: The contractor shall purchase and maintain in a company or companies licensed to do business In the State of Texas and to which the OWNER has no reasonable objection, such coaalprel)onsive general liability and other Insurance... The commercial liability Insurance form of policy may be used In lion of comprehonslvo general liability form. The limits of liability for the insurance required by Paragraph 6.4 of the General Conditions shall provide coverage for not less than the following amounts of greater where required by laws and regulators: Workers' Coinnensatlon, etc: (1) State: Statutory (2) Applicable federal (e.g., Longshoreman's): Statutory (3) Employer's Liability: $1,000,000 Comprehensive General Liability: (1) Bodily Injury (Including Completed operations and products liability): $1,000,000 Each Occurrence $2,000,000 General Aggregate (2) Properly Damage: $1.000,000 Each Occurrence $2,000,000 General Aggregate (3) Property Damage Liability insurance will provide Explosion, Collapse and Underground coverage's where applicable. 30 EXHIBIT 1 EXHIBIT A (4) Personal Injury, with employment exclusion deleted $1,000,000 Comprehensive Automobile liability: (1) Bodily Injury: $1,000,000 Each Occurrence Commercial Umbrella Liability: $5,000,000 Combined Limit, Bodily Damage, Property Damage Any questions relating to Insurance are to be directed to Dan Hambrick, Risk Manager, at (met(o) 1117 /410 -3114. INDEMNIFICATION: For the consideration included in the bid prico, contractor and Ills subcontractors shall pay, indwnnlfy, and save harmless, the City. Its argerils, guosts, consultants, (ncluding the E:rglneer), invitees, and employees, from all suits, actions, claims, demands, losses, expenses, Including attorney's foos, costs, and judgments of every kind and description to which the City, its agents, guests, consultants (including the Engineer), lrrvitees, or orrrployees may be subjected to by reason of Injury to persons or death or property damage, resulting from or growing out of any act of commisslon, omission, neclllgence, or fault of the contractor and his CITY subcontractors, their agents or employees, committed In connection with this contract, contractor's performance hereof, or of any work performed hereunder. Contractor and his subcontractors shall Indemnify and save harmless the City, its agents, or employees and consultants (including the Engineer), from and against all claims, demands, actions, suits, damages, losses, expenses, costs Including attorney 's foes, and judgments of every kind and description arising from, based upon, or growing out of lire violation of any Federal, state, county, or city law, bylaw, ordinance or regulation by the contractor, its agents, trainees, invitees, servants, and employees. - WAIVER OF SUDROGATION: The contractor and his subcontractors shall require their Insurance carrier, with respect to all Insurance policies, to waive all rights of subrogation against the City of Grapevine, its commissioners, partners, officials, directors, officers, agents, and employoes and against all other contractors and subcontractors. CONTRACTOR SAFETY: GENERAL: The Contractor shall comply with all Occupational Safety and Health Act (OSHA) Standards and any other Federal, State, or Local rules and regulations applicable to construction and /or maintenance activities In the State of Texas. City Surety Personnel or any .supervisor may, but are not required to, ordrr that the work Ire stopped If a condition of Ir um,,dlate danger Is found to exist, Nothing contained ireroln shall be construed to shift responsibility or risk of loss for injuries or ci;arntige sustained as a result of a violation of this Article from the Contractor to the City of Grapevine, The contractor ;hall remain solely and exclusively responsible for compliance with all safety requirements and for the safety of all pursons and property at the project site. The parties hereto expressly agree that the obligation to comply with applicable safety provisions is a material provision of this Contract and a duty of the Contractor. The City of Grapevine reserves the right to require demonstration of compliance upon reasonable request. In the event the Contractor Is unable to demonstrate 31 EXHIBIT 1 EXHIBIT A compliance with the safely provisions of this Contract, (lie parties agree that such fallUre is deemed to be a material breach of this Agreement; and the Contractor agroos that upon such breach, all work pOrsuant to tho Contract shall terminate until demonstration to the City of Grapevine ti7al the safety provisions of this Agreement have been complied will). In no event shall action or falluro to act on (110 Part of the City of GrapeAno be construed as a duty to enforce the safely provisions of this Argreomont nor shall It be construed to creato liability for the City for any act or failure to act in respect to the safely provisions of this Agreement. SAFETY EQUIPMENT: The Contractor shall be responsible for [tie Safety Equipment to be used by its employees and/or all of its sub- contractors working on the City of Grapevine. This equipment will include, but may not be limlled lo, hard hats, safety bells or harnesses, eye, face, hand, ear or hearing protection. Sport or athletic type shoes are not considered suitable work shoes on any construction site. 32 EXHIBIT 1 EXHIBIT A EQUAL OPPORTUNITY REQUIREMENTS 1. The contractor, subcontractor, vendor, supplier, or lessee will not discriminate against any employee or ,4pplIc all I for employment because of rac<,, religion, color, sex, national origin, or ago. `tine contractor, subcontractor, vendor, supplier, or lessee will take affirmative Faction to ensure thhat applicants are employed and that employees are treated during employment without regard to lheir race, religlora, color, sex, national origin, or age.. Such action will Include, but not be Ilmlted to, the following; employment, upgrading; demotion or transfer, recruflment advertising, layoff or termination~ rates of pay or other forms of compensation and selection for training including apprenticeship. 2. The contractor, subcontractor, vendor, supplier, or lessee states that all qualified applicants will receive consideration for employment without regard to race, religion, color, sex, national origin or age. 3. The contractor, subcontractor, vendor, supplier, or lessee will comply with ail provisions of l- xecullve Order No. 11246 and the rules, regulations, and relevant orders of the Secretary of Labor or other Federal Agency responsible for enforcement of the equal opportunity and affirrnallve action provislons applicable and will likewise furnish all information and reports required by the Mayor anrdlor Contractor Compliance officer(s) for purposes of invastigatlon to ascerlairl and effect compliance with this program. 4. The contractor, subcontractor, vendor, supplier, or lesser, will furnish all Information and reports required by Executive Order No. 112-40, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to all books, records, arid accounts by tiler appropriate City and Federal Officials for purposes of investigations to ascertaln compliance will, such tulos, regulations, and orders. Compliance reports filed at such times as directed shall con(Wrl Information as to (tae employment practice policies, program, and workforce statistics of tho contractor, subcontractor, vendor, supplier, or lessee. 5. in the event of the contractor's, subcontractor's, vendor's, supplier's or lessee's nor,- compllaance with the non discrimination clause of this contract or wills any of such rules, regulaatlon% or orders, this contract may be cancelled, terminated, or suspended In whole or In part, and the contractor. subcontractor, vendor, supplier, or lessee may be declared ineligible for furlher City contracts Ira accordance with procedures provided in Executive Order No. 11246, and such other sanctions may be imposed and rernedles invoked as provided in the sald Executive Qrder, or by rule, regulation, or order of the Secretary of Labor, or as may otherwise be provided by law. 6. The contractor shall Include the provisions of paragraphs 1 -6 of this Equal Employment Opportunity Clause In every subcontract or purchase order unless exempted by males, regulations, or orders of the Secrolory of Labor Issued pursuant to Section 264 of Executive Order No. 11246 of September 24, 1,965 sea that such provisions will be binding upon each subcontractor or vendor. The contractor will take, such action with respect to ally subcontractor or purchase carder as 1110 contracting agency may direct as a means of enforcing such provisions including sanctions for noncompliance; provided, . however, that In the event the contractor becomes Involved Ira, or is threatened will? littgallon with a subcontractor or vendor as a result of such direction by the contracting agency, Ilia contractor may request the United States to enter into such litigation to protect the Intorc,sts of lire United States. 33 EXHIBIT 1 EXHIBIT A IMPORTANT DISCLOSURE NOTICE: Disclosure of Certain Relatlonshi s: Effective January 1, 2006, 11.13. No. 914 of the 79th Texas Legislature requires a vendor that wishes to conduct business or be considered for business with the City of Grapevine, Texas to file a conflict of interest questionnaire. The Disclosure Act applies to all persons or businesses who conduct business with the City, Including those who submit bids on City contracts, make purchases of surplus City property, or participate In any other purchase or sales transactions with a City. Pursuant to the requirements of Section 176.002(x) of the Texas Local Government Code, vendors or respondents who meet the following criteria must fill out a conflict of Interest questionnaire no later than the 7th day after the person begins contract discussions or negotiations' with the City or submits to the City 'an application, responso to a request for bids or bids, correspondence, or another writing related to a potential agreement with the City: A vendor or respondent that- (1) contracts or seeks to contract for the sale or purchase of property, goods, or services with a local governmental entity; or (2) is an agent of a person described in Subdivision (1) in the person's business with a local governmental entity.' Any person who meets the criteria, as for enforcement to ensure the veracity of the vendors, the statute makes it a Class C Misdemeanor to violate the vendor disclosure provisions." The forms required to comply with the above Government Code are available on the Ethics Commission website at http- /lwww ethics s(ate.tx.uslformslCIS. p df . City Employees are prohibited from bidding on this solicitation in accordance with City Policy. 34 EXHIBIT 1 EXHIBITA OFFICIAL BID FORM and CERTIFICATION FOR FOR THE CITY OF GRAPEVINE, TEXAS This certification must be submitted with the bid. Honorable Mayor and City Council Members: The undersigned hereby proposes to furnish and deliver FOB destination point as listed on individual Purchase Orders: The line items listed in accordance with the Net Prices and other conditions shown herein, and In accordance with the City's Specifications and General Terms and Condition Specifications. When issued, Letters of Clarification shall automatically become part of this bid document and shall supersede any previous specifleatlons or provisions in conflict with the Letters of Clarification. It Is the responsibility of the bidder to ensure that it has obtained such letters. By submitting a bid on this project, bidder shall be deemed to have received all Leiters of Clarification and to have incorporated them Into Its bid. THE MANUFACTURER'S NAME, PRODUCT NAME AND PRODUCT NUMBER SHOULD BE DESIGNATED IN OFFERER'S NOTES, EVEN IF BIDDING AS SPECIFIED. The City may accept this bid offer by issuance of a Notice of Award Letter and/or a Purchase Order covering award of said bid to this Bidder at any time on or before the 120th day following the day this Official Bid Form Is opened by the City. This offer shall be irrevocable for 120' days after bid opening or for 90 days after City Council awards the bid, whichever comes last, but this period may be extended by written agreement of the parties. THIS BIDDER 1S AND REPRESENTS THAT IT IS AN EQUAL OPPORTUNITY EMPLOYER The undersigned hereby offers to furnish and deliver the goods and/or services as specified at the prices and terms herein stated and in accordance with the Invitation to Bid, Clarification Letters, and General Terms and Condition Specifications, all of which are made a part of this offer. All pages of Ilse City of Grapevine's form, Including but not limited to the General Terms and Conditions, Specifications and page one of this bid invitation are incorporated by reference into this bid for all purposes. NOTICE TO ALL NEW VENDORS WHO HAVE NOT CONDUCTED BUSINESS WITH THE CITY OF GRAPEVINE FEDERAL FORM W9 REQUIREMENT: The "Request for Taxpayer identification Number and Certification" Federal Form W -9 should be filled out and returned with your bid. This form is available from any Federal Office or from the City of Grapevine Finance Office and has not been Included as part of this bid package. The form should be mailed to the City of Grapevine, Purchasing Division, 501 Shady Brook Dr., Grapevine, Texas 76051. This form is REQUIRED to be on file BEFORE we can conduct any business with any vendor. Submitting this form will assist us in setting your company up as a certified vendor of the City of Grapevine. BIDDERS CERTIFICATION: M EXHIBIT I EXHIBIT A 1, the undersigned, by signing the following statement agree that. I have road and understand all of the terms and conditions, specifications, and requirements contained on each page of this Invitation to Bid, I also understand that If this proposal is accepted by Tho city of (;,rapevIno that all of the terms and conditions, specifications, and requirements submitted In my proposal and any additions, changes, or deletions made during negotiations will bo Illade a part of this proposal under a binding contr-act botwoon my company alld the City of Grapavino, Texas, I also certify that this proposal is made without prOVIOLIS understanding, agreement, or connection with any person, firm, or corporation making a proposal for the same materials, and Is In all fair and without collusion or fraud: OUR company Is a (Chock 0110): Corporation _(Tho bid MUST be signed by an Officer of the company) Partnership _2L(The bid MUST be signed by a General Partner) Joint Venture signed by an Officer of the company) , (The bld MUST be s Sole Proprietor _(Tho bid MUST I)o signed by the Owner) ADDENDUMS: The bidder acknowledges receipt of the following Addenda: (if you have not resolved any Addenda then write NONE across the blanks). if you have recelvod Addenda then write bestdo the appropriate Addenda number the date received. AIJ- ADDENDA RECEIVED SHOULD BE ATTACHED TO THE BID. ADDENDUM #1 12/12/10 ADDENDUM # 2 ADDENDUM # 3 COMPANY NAME: COMPANY NAME: VMC Landscape services COMPANY ADDRESS: 2433 Merrell Road CITY /STATE /ZIP: DaLl 22 9 n, 1X COMPANY REPRESENTATIVE NAME: Bruce Verdick TELEPHONE 972-567-1616 FAX #: 972-481-1235 EMAIL: bverdi ck@vnicla llcl-,,cape . com SIGNATURE: DATE: 12/15/10 36 APPENDIX "AP EXHIBIT 1 EXHIBIT A CITY OF GRAPEVINE, TEXAS GENERAL TERMS AND CONDITIONS The City of Grapevine, Texas Is accepting quotations for the goods andfor services listed In tine attached quotation document. The following terms and conditions will apply to this quotation. Ploase read the terms and conditions carefully. By submitting a quotation for the goods andfor services listed In the quotation document, you will agree to lire following terms and condlllons. 1. CONTRACTOR'S OBLIGATIONS. The Contractor shall fully and timely provide all deliverables described In the Solicitation and In the Contractor's Offer in strict accordance with the terms, covenants, and conditions of the Contract and all applicable Federal, Stale, and local laws, rules, and regulations. 2. EFFECTIVE DATEITERM. Unless otherwise specified In the Solicitation, [his Contract shall be effective as of the date the contract Is signed by the City, and shall continue in effect until all obligations are performed In accordance vdth the Contract. 3. ELACF ANLD CO The City shall provide the Contractor across to lhu sites wdrore ilia Contractor is to perform Iho services as required In order for ilia Contractor to perform tile sorvicas in a iinialyand e1Cctonl nsascsrser. iho Contractor acknosvlacigas risai It Irus satisfied Itself as to fire nature of (lie City's service requirements and specifications, ilia location and essoniful charactedsilcs of the work silos, ilso gtrallly and quantity of Materials, oqulpmont, labor and raciiftles necessary to perform the services, and any other condition or stale of fact vrlslcil could In anywray affect performance of the Contractor's obligations under the contract. ']`lie Contractor horeby releases and holds (lie City laaraslasc from and against any liability or claim for damages of any kind or nature it fire actual silo or cervIce condillonz differ from expected conditions. d. WORKFORCE. A. The Contractor shall employ only orderly and competent workers, skilled In the performance of the services which they will perform under the Contract. B. The Contraclor, Its employees, subconlractors, slid subcontractor's employees may not use or possess any firearms, alcoholic or other Irdoxtoating bovategos, Illegal drugs or conlrolfed substances while on the Job or on the City$ property, nor may such workers be Intoxlcalod, or undar lira influence of alcohol or drugs, on tho Job. C. If the City or the Citys representative notifies Ilia Contractor oral any worker is Incompetent, dfsordorly or clfsobedlont, has knowingly or repeatedly vtolated safety regulations, has possessed any firearms, or has possessed or was under the Influence of alcohol or drugs on ilia Job, ilia Contractor 11 fall Immediately romovo such worker frorn Contract services, and may not employ such Worker again on Contract sorvirossvilhout the Glty'e priortwritton consort. 5. C[ MPt- IANCt� W #TH St Fi N Rl GtIf.ATfrThfS. °t;ro Contractor, Its Subcontractors, and their respacliva employees. sfsatl czamply fully vifir all applk:abIo federal, state, slid toca9 saafoty slid laaallis taros, ordlnaraces, rules and tcr�ulaitons In Itao ;aarfornaanoa of ilia sor+rlces, traoludJnq taut licit 11mltod to [hose prornutpatad by tiro C11y and by the gcotrpatloraal Safety and lioaitlir Arinainistratlon {�SSHA}. in u�ase of conflictl, #Ira rraosl sldnganl sare9y ragtalromard sfaafl govern. 7 "he Coralraolor shall tndontnity and hold lira Ctiy harmless irons and agrslnsl rail olalrns, demands, suits, sailors, Judgrnorrts, fines, por�alllas and Ifabl }Ity of ovary kirsd arising From Olso tsreach of ilrc Contractor=s obligallons under tills gaaragragfis. WVis1CL' . A, The Contractor shall submll sepataalo Invofcos In dupticato on each pufcltaso ordat or purchase release alter each delivery. If partial shipmonts ordeltverfos are authorized by Ole City, a separate Invoice rnust be sent for each shipment or dotivary mado. B. Invoices shall indicate fhc purchase ordor or purchoso roloaso number and the sup ;sty sgroarnorrt nunsbor it applicabla. Invoices shall be Realized and transportation+chargos, It any, shall be listod soprrrately. A copy of the bill of lading and Itlo freight yraybill,when applicable, shall be alleotied to the Involco. Unless othorvalso Instructed hr wilthig, Ohre City may rely on Flip romlttanorl arldross specified on the Contractor's Invoice. C. Invoices for labor shall Include a copy of all lime - sheets vriih trade. labor rate and dellverables order number clearly Identified. Invoices shall also Include a tabulation of work -hours at the appropriate rates and grouped by work order number. Time billed for labor shall be limited to hours actually worked at the work $ite. D. Unless olhenvlse expressly authorized In the Contract, the Contractor shall pass through all Subcontract and other authorized expenses at actual cost without markup. E. Federal excise taxes, State taxes, or Cily sales taxes most not be included in the Invoiced amount. The City will furnish a lax exemption cerilllcale upon request. PAYMrNT. A. All proper Invoices received by lite City will be pold valthtn 30 days 01 1110 City's receipt of the dolivemblos of of tiro InvclCra, whichever Is later. If paymorsl Is not lirnely made, Inlorost shall accruo on Iho unpaid b;alanco at the tosser of one pt -rcenl par month Of the max1murn lawful rate; oxcopt, 11 payment is not timely mado for a reason for vrlsld}a tho City may Wihftoid payment horoundor, Interest shall not accrue until ton days after ilia grounds for avlllrholdlrsg payment have been resolved. B. if prartlat slilpnrenls or doliverlos ore authorized by Ilse City, the Contractor will be paid for the partial shipment or delivery, as slated above, provided brat Iho hsvolce malclacs the shlpmentor delivery. C. The City may withhold or set off the entire payment or part of any payment otherwise due the Contractor to such extent as may be necessary on account of. 1. delivery of defective or non•conlomiing dollvorables by the Contractor; 37 EXHIBIT 1 EXHIBIT A If. third party cialres, which are riot covered by (lie Insurance which the Contractor Is required to provide, are filed or reasonable ovldonce Indicating probattfo filing of such claims, Ill. failure of the Contractor to pay Subcontractors, or for labor, materials or equlpmani; Iv. damage to Ilse property of lite City or 1110 City "s agents, employees or contractors, which Is not covered by Insurance required to be provided by Ilia Contractor, V, reasonablo evidence that 010 Contractor's obligations wilt not be caripleterl within the Unto spocIf ad In tie Contract, and that the unpaid balance would net be adoquoto to covOractual or liquidated domagos for the anticipated r101ay; Vi. failure of the Contractor to submit properinvoloos vr11h all required attachments and suPportlrit docuntenlotivn; or vt. (alluro of (lie Contra clef to comply with any matorial provision of line Contract Docuraaonts, lite City's payment obligations are payable only and solely from funds Appropriated anci available for the purpose of this Purchase. The absenco of Appropriatad or other lawfully available funds shall render Ilia Contract null and void to the extant funds are not Appropriated or available and any doltvorablos delivered but urrpuld shall be returned to Ilia Contractor. `Ilea City shall provide the Contractor written notice of the failure of 1110 (illy to 11131) an adequate Appropriatlon for any fiscal year to pay the atuounis duo under the Contract, or 1110 reduction of any Appropriation to an amount insulffclenl to permit tba City to pay Its obligations under tie Conlraot, 8. WARRANTY - PRICE. A. Tile Contractor warrants the prices quoted In the offer are no higher than The Contractor's current prices on orders by others for like dolivorables udder slmllar terms Of Purchase. B. "file ConirGclor corllilos that Ilia prices in Ilia Gaffer have boon arrtvod at independently without consultation, communication, or agreornont for lite Purposo of restricting compoliltun, as to aray sllatter folatinp to such Enos with any other firm of vrtlh any competitor. C. In addition to any other reniedy available, tiie City may deduct from any amounts owed to the Contractor, or otherwise recover, any aniounts paid for Items In excess of the Contractors cufronl prices on orders by Gathers for like doliverables under similar terms of purchase. 9. WARRANTY - MILE. The Contractor warrants That It has good and Indefeasible title to all doliverables (urnlshad under the Contract, and that Ilia dollvorobles are (roe and clear of all liens, claims, security interests and encumbrances. The Contractor shall Indemnify and hold the City hormlocs from and against all adverse title claims to the deliverables. 10. WARAANIY — SPIMCCS, The Conlractor warrants and reprosonls that all seMcas to be provided (fie City under Ilia Contract will be fully and timely Performed ire a good and vroikman%o manner In raccordunco with gonorally aceaptod industry standards and practices, the forms, condlflons, and covenants of the Contract, and all appllcoblo Fodoral, State and local lows, rules of 100031100s. A. 111e Contractor navy not limit, exclude or disclalm the foregoing warranty or any warranty Implied by law, and any attempt to do so shall be without foroo or effeel. 13, tlraloss ollionvlse specified in fho Conlract, Ilia warranty podod shall be ALlw§4 one year from accoptanOO 01 the services, It during the warranly pelted, one or more of the above warranties aro broached, tie Contractor shall promptly upon pLcelpt of domund perform ttie sorvloas again in accordance Wilt above standard at tie additional cost to tine City. All costs Inchlontal to such addiflonail performance shall he boino by the Contractor. Ilia City shall ondoavor to give lite Contractor vidlien notice of the broach of warranty within thirty (30) days of discovrsryOf till) broacitworrsilly, but (alluro to givo timely notice $11111 not Impair the City's rights under this section. C. If file. Contractor Is unable or unwilling to porfonn Its soavlces In accordanco Willi Ilia above standard os required by 910 City. Ilion hi addition to any other available remedy, tine City may reduce Ilse )mount of 4011110s it may tae required to purchaso under the COntract froni the Contractor, and purchase conforaltng services front other sources. in such ovoni, tie Contractor sholl pay to lite City upon demand the lncreasod cost, If any, Incurred by the City to procuro such services from another source. 11. ACCET TANCE 9F INCChiI'' PTr O] i-- f1CN ®Ct1Nrt`rFal,l IN DELIVERABI. S, II, instead of requldng Immsdlalo correction or removal Gild roplaconiont of dofoelivo or non•conformbig deliverablos, file City prefers to accept It. tie City naay do so, Tile Contractor shall prey all (maims, costs, losses and damages otlftutablo to ttte City's ovralunllon of and dolwniitiatlon to accept such dofoclive or nori•conforniing dollvorables. if any such acceplanco occurs prlor to teal payment, fho City may deduct such fitnounl$ as aro necessary to conipansat0 010 City for 1110 diminished value of tho dofocilve or non - conforming dolivembles. If like accepiancGi ocGUrs alter Fleal payment, such aartieuni vrilt he ro(uilded to the City by the Contractor. 12. RIGHT TO ASSURANCE. Whenever one party to the Contract In good folth has reason to question the other party's intent to perform, demand rtaay be made to the other Party for written assurance of ore Intent to perform. In the event that no ossurenco Is given wlthin the time specified oftor domond is made, ilia domanding party may (real lilts failure as as anilcipalory repudlafion of the Contract. 13. PTQ? WORK AQII!Z . The City may Issue an Immediate atop work modco in the event Ilia Contractor Is ti'ilsorved performing In a manner that Is In violation of rodorail, SWO, or local guidelines, or in a manner that Is determined by tine City to be unsafe to either life or properly. Upon notification, the Contractor will cease 911 work until notiflod by tho City teal file violation or unsafe condition has been corrected. The Contractor shall be liable for all c49i8 incurrod by the Cily as a result of the tssuonco of such Stop Work Notice. % DEFAM.T. Tire Caafraaclor shall bo In default under the Contract If tie Contractor (a) falls to fully, timely and faithfully perform any of Its material obligations under (lie Contract, (b) fails to provide adequate assuranco of performance under Paragraph 21, or (c) becomes Insolvent or seeks relief under lite bankruptcy lairs of the United Slates. 16. TrRM1 ATICiII Foil CAtJ rF . 101 fho evorit of a detect by Ilia Ccarilfactor, the City shall have Ilia right to lorminote Ilia Contract for cause, by wriuon notice effective ton (10) dayu, urafuss Otherwise $pod lod, after the data of such notice, unless 1110 Contractor, wtthln such Ion (10) day potfod, caries such default, or provides ovldence sulflclont to prove to the City's roasonablo snttelooton that such default (fees nol, In fact, exist. in addition to any other romedy available under lays or In equity, Ihu City shalt be entitled to recover all actual damnoos, costs, losses -and exponsos, Incurred by the City as a result of tine Contractor's default, Including, Witroul Ilmllation, cost of cover, reasonable uttornoys' foos, court costs, and pre(udgntiont and post- judgmonl Interest at Ilia maximum lawful (rate. Addlllonally, In the ovcnt of a dofaull by 1110 Contractor, 1110 City 38 EXHIBIT 1 EXHIBIT A may remove the Contractor from the City's vendor list for three (3) years and any Offer submitted by the Conl(aclor may be disqualified for up to three(3)years. All rights and remedies under the Contract are cumulotivo and are not exclusive of any other right or remedy provided by few. 17 y`C1th41t A1`ION Wlrl IOU Lrgm. The City shall have the fight to tormInule the Contract, in avholo or In part, wilhout cause any lime upon thirty (30) days' pdor vraldrin nnotico. Upon receipt of a notice of tofminallon, the Contractor chat, promptly cease all ftnthar work pursuant to the Contract, vdiili such oxceplions, if any, specified In the nollce of termination, The City shall prly ills Contractor, to ilia extent of funds Appropriated or othertvlse legally eavallabio for such purposes, for all goods delivered and services performed and obligations Incurred prier to the date of termtnelion in accordarice with the terms hereof. 18 FRAUD. Fraudulent state meals by the Contractor on any Offer shall be grounds for the termination of the Contract for cause by the City and may result In legal action, 10 PFt.AY i`h0 City mtay delay scheduled delivery or other due (fates by carillon notice to the Contractor If iiae City deems It Is in Its best Entered. If such delay causes an Increase hi the Wa Of tiie work under the Contract, ilia Clly and Ilia Contractor shalt negollale Oil Mile I adjustment for costs Incurred by fire Contractor In Ilia Contract price and execute an amendment to (lie Contract. Tire Contractor must assert Its right to on adjustment within thlrty (30) Clays front (hu date of receipt of the notice of delay. Foalum to agree on any odjustod price shelf be dandled under ilia Mcputo Rosolullon process specified In paragraph 49. however, nothing In tills provision shall excuso tie i'.otrlractor hone rfolayinp ilia delivery as notified. 20. CLAIMS. It any claim, demand, suit, Or other action Is asserted against Ilia Contractor which arises under or concerns tfie Contract, Or which could have a material adverse effect raft ilia Contracloft ability to perform thereunder, the Contractor shall give %witlen notice ihnfoof to Cho City W111lrr tall days after recalpi of aiolire'by ilia Contractor. Such notice to the City shall state the dale of notIncollerl of any such claim, darnaini, Still. or Other action, the mantes and addresses of tiie clolmanl(s); (lie basis Marvell; and ilia name of each porsora agalnsl vr#aona such claim fs bolaig assorted. Such notice shall be delivered personally or by mail and shall be sent 10 the Clty and lei the grapevine City Attorney. 21. 5, Unless oltiervrisa specified, all nolicos, requests, or Other conamunlcatlens required or appropriate to be given under the C0111010t shall be to volling and shall be deemed delivered three business days after postmarked If sent by U.S. Postal Service Certifiod or Registered Mail, Return Recelpt Requosled. Notices dolivorod by other means chall be rieerned delivered upon fatelpt by the addrossea. routine conimualcallons may be made by first class mail,. fax, of other commorclally accepted means. Noflces to fire Coratraetof shall ha sent to tiie address spaClflod In the Conlfaclor's Offer, or at such other address as a party may nollty the 011,101 in wflling. Nolloe% to the City shall be aaddfessed to the City at 601 Shady brook, Grapevine, Taxes 76051 and marked to ilea attention of the Contract Adminidralor. 22. RIGMTS Yo tllfa, PRO11OSAL. AW CON" RAGL Ir NIA`rMIAL. All inalariat submitted by the Contractor to the City shall become property of the City upon receipt. Any portions of such material claimed by tine Contractor to be proprietary must he clearly marked as such. Determination of life public nature of ilia material Is subject to the open 1100ords Act, Chapter 652,1'exsa Government Code. 23. NO Vdf4i fL tlwil [lY CITY a�i At�(,S3 INFRA• G F14 , Tlia Contractor roprasrints and warrants to the City Ilia(,. (1) file Contractor shall provide ilia City COW and indafaaslbto title to ilia detiveroblas and (11) ilia dolivemblac suppiiod by the Contractor In accordance will, the specincoVons In ilia Contract vtall not lnfririge, directly Or In any contributory manner, any pafont, tradomafk, copyright, trade WOOL or any other Intolloolual property afghl of vary kind of any thlyd party„ that no claims hava been made by any person of 011111Y Will fespraCt 10 the ownership or oporalfon of ilia delivortibles and the Contractor does not know of any valid basis for any; such (labs.. The Contractor shall, at Its solo axponso, defend, Indemnify, and holy} the City harmless from find against all liability, damages, and costs (including court costs and reasonable fees Of ialtemoys and other prolossionals) arisln_g out of or rasulainrg here. (1) any Claim that the City`s exercise anywhere In the world of the rights associated Win Ilse CI(yV ownurc dp, anal If applicable, license rights, and fir; use of the deliverables Inrringas ttae Intellectual prnparly° (Ig111s Of any thlyd pearly; or (if) the Contractor's breach of any of Contractors 1000sent0dons or tvarranflos stated In this Contracl. Ifs lito oven, of any such Clalm, the City sluall have ilia rlglal to monftor such claim or at its option engage Its oven separate counsel to act as co- counsel On the City'$ behalf. Further, Contractor ;agrees that ilia Citlrs specifications regarding ilia doliverables shell In no away diminlsh Conafactoes avrarranlics Of obligalfOns under tills paragraph and tlae City makes no wraaanly that 1110 productlon, development, or delivery of such dolivarahles avail not Impact such warranlles of Contractor. 74. G'ONFIDENll#lLi'f"Y. In order to provide tilts dollverables to Ilia City Contractor may require access to certain of the Citya ondfor Its ticonsors' COnfldetittat information (Including Invention&, aniployoo Information, Undo sacrets, conf°adenllat know -horn, confldordlal business In[ofmatloa, aPtd other Information avhlch Ilia City or Its licensors consider confidential) (collectively, "Confidential Inlormu0W). Contractor acknowledges and agrees that file Confidential Information is Ilia valuable property of the City andlef Its Ifcrinsors and any unautliriflzod use, disclosure, disseminallon, or other releuso of the Confldential Information wilt substantially Injurer 910 City andfOr Its licensors. The Contractor (Including Its employees, suiaconlractors, agents, or roprossnlalivas) agrees that It avall maintain file Confidential Information In strict confldence and shall not disclose, disseinhiale, copy, divirloo, recreate, or othuiavlse use ilia Conlidonlial Infosniallon avllhout Ilia prior wiltten consent of Ilia City of In a mannor not expressly permllled under fills Agroomonf, armless Ilia Coailidetillal hiforniallon Is required to be disclosed by low of tai order of Orly court or other govarnmonlal authority with proper jurlsdlctlon, provided ilia; Contractor promptly nolliios Ills City before dlsctosing such Infonnallon so as to permit the City reasonable time to seek an ;ippropriate protoctivo order'. cilia Contractor agieus to use praieClivo nleasuras no tans stringent than Ilia Contractor usos wiililn Its own business to protect Its own most valuable Information, which prOlecllvn measures shall undo( all cIrcunlslancos be at least reasonable moasures to enstno ilia eonlinuod confidentiality of Iho Cnnfidrnlial tnfotraaffom 25; O GONitI, 3tlY FFf Tito Coaitraictor vfarranis (hat no person or selling agency has been employed or (olalned to solicit Of secure the Contract upon any agretemant or understanding for commission, Percentage, brolaorrrrge, or coniingant foe, oxcepling bona (tile employees Of bona fide eslabilshed commercial or selling argonclos maintalnod by the Contrantor for Ills purpose of securing business. For broach or violation of Ilils warranly, the City shall have the right. In addition to any olhor remedy available, to cancel the Contract wilhoul livability ranee to deduct from any onlounls owed to pro Contractor, ofotheawlsa recover, the full omount of such corrimission, porconlago. brokerage or contingent fee. 39 EXHIBIT 1 EXHIBIT A 28. RAj'IJL I[�l 5. The City may, by written nollco to ilia Contractor, cancel the Contract vrilheut liability it It Is determined by the tatty Mal graluhlus vrera oltmroaf or Divan by the Contractor or any agont or representative of 1110 Contractor to any riticor of amptoyoo of ilia City of Grapevine Will a vfavr tOM10rd 600Atrlrifl tfie Contract or securing frivoroblo boatnaont vrlth respect to (tie awarding or amundingi or tike making of any deferminallons hvlti respect to ilia performing of such contract. In Ilia event iho Contract Is cancolod by Ilia City pursuuril to Ihts provision, the City shall be eorlllled, Ili addition to any other rights end ramedlos, to recover or wilhhofd ilia amount of the coat incurred by [tie Contractor III providing such gratuities. 27. PROHIBITION I4 €�INST T SONAL 1I E _[' -ST IN CONTRACTS. No olftcar, employee, Independent co+nsullant, or elected official of The CI(y vitro is Involved in Ilia development, avaluallon, or dc0stort-making process of Ilia perfofniaaico Of any solicitation shall have a financlat Interest, direct or Indirect, in Ilia Contract resulting from that solicitation. Any vAllfut violation of this section shall ooaisfffule Impropriety Ili offtca, and any officer or employee Dullty tharoof shall be subject to disclplfnory action up to and fncluding dismissal. Any violation of this provision, W(h the knovdedgpo, expressed or fnipflod, of the Conlractor shall render the Conlrectvold by Ilia City. 28. j QFP NOLNT CONTgAGT0M The Contract shall not be ctrnstrared as creating an employerJemployea relationship, a partnership, or a joint venture, The Contractor's services shall be those of on Independont contractor. The Contractor agrees and understands that the Contract does not Dranl any rights or privifeg7es established for employees of 1110 City. 29. AS SJG _M_Vl' —DEL :GATIOI�, Tito Contract shall be binding uport and endure to tfie benefit of file City and the Contrne(or and ]tielr ro8pcslfve successors and assigns, provided however, the] no right or Interest Ili the Contract shall be assigned and no Obl1901101 611811 be dafegtnloal lay like Contractor without like prior written consent of ilia City. Any olleMilled asslgnmOilt Or dologaton by the Contractor shall lie void unless niado in aonferrnllyWill tills paragraph, The Contract Is 1101 intended to confer rights or banollts on any person, Iirni ar onilly riot a party Hereto; It being the frd0nllon of the parties that (here era no third party banoiclarias to the Contract. 30. WAIVER, No claim of right arising taut of a breach of tae Conlrect can be titschwood In vrlsoto or In pearl by a waiver or renunciation of Ilia clsint rir r(g�lst i+riless ]lira wafvor or ronunclattera is supported by coriwideramlion and Is In vidUnrg signed by dick eggdoved party. No xvatvor by ollhor thO Califeactor or Ilia amity of oily alto or more e=vents of dolaoll by (lie other party shall operate as, or lie construed to be, a parnionent waiver of any r gglils or obligations under ilia Contract, or an express or implied accoplanco of tiny other oxtating of futon default or defaults, whettief of ai similar or different character. 31. MODIFICATIONS. The Contract can be modified or amended only by a writing signed by both parties. No pre-printed or similar terms on any the Contractor Invoice, order or other document shall have any force or affect to change the terms, covenants, and conditions of the Contract. 32. INTEitPRE_TAT!QN. Tire Contract Is Inlondod by the portfos as a trial, oomploR and oxclu510 statement of ]her forams of 11113Ir 00100010111. No course oaf pilot dealing behveon the partles of course of portormanco or usage *(the trade shall be relevant to supplement Or explain any term used In the Contract. Allisough ilia Contract may have been substantially dialled by one party, it is like intent of tiie parties that all provlslons be constnuod In a manner to be fair to both parftos, reading no provhlons more strictly agaln$t one party or file other. Whenever a form deflned by Iho Uniform Commerofal Coda, as enacted by ilia State of Taxes, Is used hi tie Contract, tie UCC doilnillon shalt control, unless o111en °Aso defined In the Contract. 33. 12 TE RESCILllTfcmtl A, If a dispute arises out of or rofotos to the Contract, or the broacTt thoroof, Ilia parties agroo to statute of prior to or oa seek a soft for damages. l�loiveve(, tills social) does not prohibit Ilia Ping of a lawsult to tall [tie running of a statute of ihiil(ations or to scab Injunclfve relief. tither party may make a written request for a nioolfngp betvreon reprosonlaflves of ouch party velthin fourteen (14) calendar days rafter recolpt of Ilia request of such later period as agreed by the parties. Each party shall Include, at a minimum, one (t) senior level hidividu al with doclslon•niaklag authority regarding tile disputo. Tike puffaose of (tile end any subsequent meeting is to ottonspt In goad (still to nogollato a resolution of (lie dlspulo, if, ivflhin thirty (30) calendar drays altar such meeting, Ilia parties have not succooded In naiaotlriilny a rosotutlon oR Ilse dlsliulo, Iliey vsitl proceed diroolly to nlodlatlon nr; desca3lied fiolow. Nogoliatiori raray Isca hv8(vvd lay a rvril(en agroomont Signed by both parties, In vrh(cil event 1116 parties may procceri directly to mediation as dosodbed belo%h B. If the efforts to resolve (tie dispute though negotiation fall, or Ilia parties waive the nog oltail%on process, (he parfles may select, VAlhln thirty po) calendar days, a mediator trained fr) reodlollon skills to assistivitH rosolul]lon of tine dispute. Should thoychooso tits opilvn, trio City and tiie Contractor agproo to act In goad faith In tiro selection or Ilia niedinter and to give conOdotslltin to qualified Individuals nominated to act as niedlator, Nothing In the Contract prevent$ ilia MOOS from rofylrig on ]tie skills of n person vibe Is trained In Ilia strbjocl maitaar ail trio dlspule er a contract lntorprelaton export. If the partlas felt to agree on a niedlrito€ by titn Ittfrly (39) calendar days of 1rm11(allon of the am0diallon process, Ilse ritaadfalor shall be selected by the Tiafrant Cuunly f7l9puto Rosoiutlran Center (DRG). Tho paftlos agree to participate in mediation In good falth for up to Ihlrty (30) oaalendar clays from the date of ilia first mediation sosslon. T lie City and Ilia Contractor villi share the costs of ntedlation equally. 34. SiURiS D MIO.AND VFNLJ , The Contract Is mado unrtor land shall be pgovernod by t(te laws of lho State of Texas, Including, when oppilcable,. the Uniform Commercial Code as adopted In Texas, V.T.C,A., Bus. 8 Comm, Coda, Chapter 1, excluding any rule or princlpto that would wfor to and apply ilia suhsttnailvo Isiw of anailior state or jurlsdWion. Ail Issues Arising from tills Contract shall be resolved hi the cowls of Tarrant County, Texas and ilia parllas agree to subnlfl to ilia exclusive porsenral jwIsdlalle, of such cotrrls. llie foregoing, however, shall not be constmod or Inleepreted to ilrmit or restrict the dgylit or ability of the City to cook and socalre I11;0nclivo relief from any competent authority as contemplated herein. 35. INVALIDIT . The Invalidity, I110001ity, Or unonforcoablllty of any provision of Ilia Contract 811311 In no way affect they validity or onforceaRity at any other portion or provision of the Contract. Any void provision shall be deemed covered from ilia Contract and ilia balance of 1110 Contract shall be construed and enforced as If the Contract did not contain Ilia parilcular p0111011 or provision lield to tie Vold. The patties further 00(ao to reform the Contract to replace any stricken provision Will a Valk) provision that wales as close ors possible to the fnlont of ilia Stricken provlsloam, 40 EXHIBIT 1 EXHIBIT A The provisions of this section shag not prevent (his enllre Contract from being void should a provision which Is the essence of the Contract be determined to be void. 41 EXHIBIT 1 EXHIBIT A Attachment F OPTIONAL PRICING WORKSHEET FOR NON - CONTRACT SERVICES This worksheet is an oplional submlftal. 11 will N-01 be used in the evaluation of the bid and will N0T be part of the contract. The City may use this pdoing as a reference for addiflonal services needed beyond fire scope of services regulred in the Best Value Bid. a. Per acre pricing for additional rnowing, locations to be named by owner. The work is to be similar In nature to the scope named in the aforementioned specifications. Roads & Rlahts -of -Wa <.05 Acres In size: $28. 0 0 mInImurn charge 0 -5 Acres In size; $79.00 640 Acres In size. $67. 00 10+ Acres In size, $56.00 facilities <.05 Acres In size: $2 8 •0 0 n5inirflurn charge 0.6 Acres In size. $124.00 6 -10 Acres in size., $105.00 10+ Acres In size; $87.00 Parks <.06 Acres In size: $28. 0 0minirlum charge 0.5 Acres In size: — $117.00 640 Acres In size! $99.00 10+ Acres In size. $82.00 EXHIBIT I Contract Report by Name Report Date Wednesday, May 30, 2012 Contract Name Grounds Management Services ices Status: Active Contract is with: VMC Landscape Services Effective Date: 2/1/2011 Last Revised: 21112012 Retention Date Expiration Date: 1131 /2013 Review By: 10131/2012 Alarm Is: On Lead Days: 0 Category Key Element Dale Alarm Lead Short Text Parks and Recreation ContracUBid Off 0 350 -2011 Estimated Budget OK 0 $1,295,000 Insurance Expiration 1/1/2013 Off 0 Number of Renewals Off 0 3 Purchase Order Off 0 19340 Page 11 of 1 EXHIBIT 1 T DATE (MIUDDIYYYY) AbdRQ CERTIFICATE OF EMWTI Y INSURANCE 12�28�2011 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 'RESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. ... - i'0RTANT: If the certificate holder Fan ADDITIONAL INSURED, the policy(les) must be endorsed, If SUBROGATION IS WAIVED, SLIWect 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 ent3orsoment(s), PRODUCER NAME; Ella Harris_ ��I _ _.... Scarbrough Medlin & Associates, Inc, rIA1c.Ne Ext1 214 423_ 3333 x114mm� Lf ,aa 214 423 3350 5700 Granite Pkwy, #500 ADDRESS: ell aftcaarbrough--medl in. com Plano TX 75024 - -- " � RE INSURISI AFFORDING COVERAGE NAIC 11 INSURERA: America First Lloyds Ins Co wuReo,VM+G Latrdscape Services, L.P. INSURER B: The Netherlands Insurance Co 2433 Merrell Road INSURERC: America First Insurance Co. Dallas, TX 75229 INSURER D: INSURER E: _ INSURER F : COVERAGES CERTIFICATE NUMBER: 12 -13 GL, Auto, WC REVISION NUMBER: 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. TYPE OF INSURANCE AIDUELT*'.4R`_'"�'.,.._ ..,,. _�..�..�_.�... ,.._ OL�CY Fr F'OL�CY�EXr1..r `.`....'_� ..._w...,�, .. - -- R INSR WVD POLICY NUMBER IMMIDDlYYYYI IMM10D/YYYY1 LIMITS GENERAL LIABILITY CBP8742242 0110112012. 0110112013 EACH OCCURRENCE $ 1.000.0 X C01.1MERCIAL GENERAL LIABILITY PREMISES ( a occurrence) r PREMISES (Ea occurrence) S 300,0 CLAIMS-MADE OCCUR MED EXP (Any one person) S 1510 A GEN'L AGGREGATE LIMIT APPLIES PER: P'tD' POLICY X � ACT LOC NUTOM06ILE LIABILITY X ANYAUTO B ALL OWNED SCHEDULED _ AUTOS AUTOS X HIRED AUTOS NON-OWNED AUTOS UMBRELLA LIAR OCCUR EXCESS LIAR CLAIMS -MADE DED X Re.ThNT10NS 10,00 AND EMPLOYERS'LiAWLITY YIN ANY PROPr.IETOR;PA1iTNLRIgXECUTIV NIA B OFFICERIMEMI3LR EXCLUDED? (Mandatory In 11118 If yes, describe under DESCRIPTION OF OPERATIONS below A (rime- Employee Dishonesty .. A 5 01/02013 BAS735463 01/0112012 o 11000.0 Ea_ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) S leer acciden9l $ CU 8 73 5563 01/0112012 01/01/2013 EACH OCCURRENCE s 5.000.0 AGGREGATE $ 5.000.0 WC 8734663 01101/2012 01/01/2013 X �rARV;A, "rT� �R' -,,, a.•.._,m.- 11U;..�...- ...,�,.., �...�._ -..�, E.L. EACH ACCIDENT $ _ 1.100010 E.L. DISEASE - EA EMPLOYEE $ 11000.0 E.L. DISEASE -POLICY LIMIT $ 1.000.0 ClIP11741242111101/2012 01101120131 Limit: $500,000 Deductible: $10,000 IDESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, It more space Is required) Blanket Additional Insured where required by written contract applicable to General Liability and Eusiness Auto only. Blanket Waiver of Subrogation where required by written contract applicable to General Liability, Business Auto and Workers' Compensation. WC includes Other States Endt. General Liability includes Primary Non Contributory and Blanket Products Completed Ops Endorsement Bid #3978. Project: Mowing and Litter Removal CERTIFICATE HOLDER City of Denton its Officials, Agents, Employees and volunteers 9016 Texas Street letlton, TX 76209 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Don Medl i ©1988 -2010 AC ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD is reserved. PERSONAL & ADV INJURY S S 1,000.0 GENERAL AGGREGATE S S 2 , 000 _, 0 PRODUCTS - COMP /OP AGG $ $ 2.000.0 IDESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, It more space Is required) Blanket Additional Insured where required by written contract applicable to General Liability and Eusiness Auto only. Blanket Waiver of Subrogation where required by written contract applicable to General Liability, Business Auto and Workers' Compensation. WC includes Other States Endt. General Liability includes Primary Non Contributory and Blanket Products Completed Ops Endorsement Bid #3978. Project: Mowing and Litter Removal CERTIFICATE HOLDER City of Denton its Officials, Agents, Employees and volunteers 9016 Texas Street letlton, TX 76209 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Don Medl i ©1988 -2010 AC ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD is reserved.