2009-054ORDINANCE NO.aQQ9_05~
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR
THE PURCHASE OF TREE TRIMMING AND VEGETATION MANAGEMENT SERVICES
FOR DENTON MUNICIPAL ELECTRIC; PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 4233-TREE TRIMMING
SERVICES AWARDED TO ABC PROFESSIONAL TREE SERVICES, INC. IN THE AMOUNT
OF $450,000).
WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase
of necessary materials, equipment, supplies or services in accordance with the procedures of State
law and City ordinances; and
WHEREAS, the City Manager or a designated employee has reviewed and recommended that
the herein described bids are the lowest responsible bids for the materials, equipment, supplies or
services as shown in the "Bid Proposals" submitted therefore; and
WHEREAS, the City Council has provided in the City Budget for the appropriation of funds
to be used for the purchase of the materials, equipment, supplies or services approved and accepted
herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The numbered items in the following numbered bids for materials, equipment,
supplies, or services, shown in the "Bid Proposals" on file in the office of the City Purchasing Agent,
are hereby accepted and approved as being the lowest responsible bids for such items:
BID
NUMBER VENDOR AMOUNT
4233 ABC Professional Tree Services, Inc. $450,000
SECTION 2. By the acceptance and approval of the above numbered items of the submitted
bids, the City accepts the offer of the persons submitting the bids for such items and agrees to pur-
chase the materials, equipment, supplies or services in accordance with the terms, specifications,
standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and
related documents.
SECTION 3. Should the City and the winning bidder(s) wish to enter into a formal written
agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his
designated representative is hereby authorized to execute a written contract in accordance with the
terms, conditions, specifications, standards, quantities and specified sums contained in the Bid
Proposal and related documents and to extend that contract as determined to be advantageous to the
City of Denton.
SECTION 4. By the acceptance and approval of the above enumerated bids, the City Council
hereby authorizes the expenditure of funds therefor in the amount and in accordance with the
approved bids.
SECTION 5. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this day of '2009.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY ~4 31i
APPROVED AS LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
4-ORD- 3
BID # 4233 Exhibit A
DATE: FEBRUARY 12, 2009
RTn FnR TRIMMING SERVICES FOR DME
ITEM DESCRIPTION
VENDOR
ABC
Professional
Tree Services,
Inc.
Principle Place of Business:
Houston, TX
DESIGNATED PROJECTS:
Furnish all supervision, labor, traffic control personnel,
material, supplies, tools, equipment and transportation to
1
trim and remove trees, brush, and vines as needed to
comply with DME Tree Trimming Specifications for the
following projects.
A
DME Feeder Hickory HK212 and Hickory HK213 (Double
$70,320.00
Circuit
B
DME Feeder Kings Row KR212 and Kings Row KR223
$51,025.00
(Double Circuit)
C
DME Feeder Kings Row KR213 and Kings Row KR221
$33,528.00
(Double Circuit)
D
DME Feeder Locust LC221
$35,770.00
DME Feeder North Lakes NL211 and North Lakes NL221
$54
819.00
E
(Double Circuit)
,
EMERGENCY & ADD. LINE CLEARING WORK AS
NEEDED - AERIAL LIFT CREWS:
HOURLY LABOR FOR AERIAL LIFT CREWS - 55' MIN.
WORKING HEIGHT - Total of one (1) crew (capable of
2
back lot work )with three (3) persons: one working
Foreman with a CDL, one qualified line clearance tree
trimmer with CDL & one trimmer trainee or ground man.
A
Standard Time (8 hour notice)
$85.00
B
Emergency Time (less than 8 hours notice)
$116.00
SUPPORT CREWS: TRIM & BRUSH PICK-UP - Total of one
3
(1) crew (trim & brush pick up), two (2) persons (one
working foreman with CDL & one ground man)
A
Regular Time
$63.50
B
Overtime
$83.50
EMERGENCY & ADD. LINE CLEARING WORK AS
NEEDED - IND. LABOR & EQUIPMENT RATE
4
Supervisor Tree Trimming- HOURLY
$39.50
Supervisor Tree Trimming- OVER TIME
$58.45
5
Foreman Tree Trimmer (climbing)- HOURLY
$24.50
Foreman Tree Trimmer (climbing)- OVER TIME
$36.26
5a
Tree Trimmer- HOURLY
$22.00
BID # 4233 Exhibit A
DATE: FEBRUARY 12, 2009
RM FOR TRIMMING SERVICES FOR DME
ITEM DESCRIPTION
VENDOR
ii
ABC
Professional
Tree Services,
Inc.
Principle Place of Business:
Houston, TX
Tree Trimmer- OVER TIME
$32.56
6
Line Clearance Trainee or Ground Man/Flagman- HOURLY
$19.00
Line Clearance Trainee or Ground Man/Flagman- OVER
$28.12
TIME
7
Equipment Operator (tractor)- HOURLY
$24.00
Equipment Operator (tractor)- OVER TIME
$35.50
Aerial Lift with dump bed & disc chipper 75-ft. minimum
$27,00
8
working height & associated equipment- HOURLY
Aerial Lift with dump bed & disc chipper 75-ft. minimum
$27,00
working height & associated equipment- OVER TIME
9
Chip truck, 10 cu. Yd. covered dump body with disc
$16.00
chipper & associated equipment
Chip truck, 10 cu. Yd. covered dump body with disc
$16.00
chipper & associated equipment- OVER TIME
Tractor, WD with bush-hog & associated equipment-
$37.00
10
HOURLY
Tractor, WD with bush-hog & associated equipment-
$37.00
OVER TIME
11
Chipper only (DISC Chipper only)- HOURLY
$6.00
Chipper only (DISC Chipper only)- OVER TIME
$6.00
TREE REMOVAL - To be utilized at the sole discretion
of DME to have contract crews while working on the
associated circuit remove entire trees as identified by
DME
12
TREE DIAMETER, 3" - 6" Dbh Removal Rate
$25.00
13
TREE DIAMETER, 6" - 12" Dbh Removal Rate
$45.00
14
TREE DIAMETER, 12" - 18" Dbh Removal Rate
$125.00
15
TREE DIAMETER, 18"+ Dbh Removal Rate
$350.00
ADDENDUM # 1
YES
s
i
CONTRACT BETWEEN
The City of Denton, Texas - Denton Municipal Electric
and
ABC Professional Tree Services, Inc.
For Bid 4233-Electric Line Clearance of Specific Feeders
THIS AGREEMENT, made this the 3rd day of March 2009, by and
between ABC Professional Tree services, Inc., a Corporation with its principal office at 4831
Old Galveston Road Houston, TX 77017(hereinafter called the "CONTRACTOR") and Denton
Municipal Electric (hereafter referred to as "DME").
WITNESSETH
The CONTRACTOR and DME, for an in consideration of their respective agreements
contained herein and do hereby agree as follows:
1. The CONTRACTOR, at his sole expense, shall do all work and furnish all materials that
are not furnished by the DME, all equipment, tools, labor, and traffic control personnel to
complete in a good and workmanlike manner the following:
Right-of-Way Clearing of Specific Feeders
Tree Trimming yer Bid 4233 (hereinafter sometimes called the "Work"). The Work shall be
done in accordance with this Contract and in accordance with the following documents (all of
which, including this Agreement, are hereinafter sometimes referred to as the "Contract
Documents"):
Instructions to Bidders, Specifications, Form of Performance Bonds
and
All other documents and drawings as attached to or referenced therein
for the
Electric Line Clearance, FY 2008-2009
In the event of a conflict between the documents, which together comprise the Contract
Documents, the document which requires the highest level of quality of work shall control. The
Contract Documents represent the entire Contract between the parties and supersedes any and all
prior representations, negotiations, and agreements, whether written or oral. The Work
performed by the CONTRACTOR shall be subject to inspection by DME, and in the discretion
of DME, a reasonable amount of monies requested by the CONTRACTOR will be withheld for
the percentage of the Work which does not comply with the Contract Documents until such
defects are corrected to DME's satisfaction. DME will provide five (5) copies of all contract
documents and one (1) 24"x 36" copy of area feeder maps.
2. Unless otherwise expressly provided in the Contract Documents, the CONTRACTOR
shall begin the Work upon execution of the contract documents and notification to proceed from
1 of 7
Denton Municipal Electric, and continue the same with due diligence until the Work is
completed. The CONTRACTOR will complete each job within 90 days of notice to proceed.
3. CONTRACTOR and DME agree that as liquidated damages for delay (but not as a
penalty); CONTRACTOR shall pay DME $250.00 for each calendar day that expires after the
time specified in paragraph 2 of this Contract, until the Work is complete. The CONTRACTOR
and DME recognize the delays, expense, and difficulties involved in proving in a legal preceding
the actual loss suffered by DME if the Work is not completed on time. Accordingly, instead of
requiring any such proof, DME and CONTRACTOR agree to the liquidated damages provisions
contained herein.
4. Within thirty (30) days following the completion and acceptance of the Work (unless
some other time of payment is expressly provided in the Contract Documents), and as payment
for the Work, DME shall pay or cause to be paid to the CONTRACTOR the Contract Prices per
Exhibit A. not to exceed $450,000.
5. Payment terms for this contract will be NET 30 DAYS from the date of receipt and
acceptance of the Application for Payment, no exceptions. CONTRACTOR shall notify DME
Electric Operations Tree Trimming Coordinator upon completion of each circuit. No invoice
shall be submitted for a circuit until the circuit work is complete. DME shall make an inspection
of the circuit within five (5) business days to determine if the requirements of the Contract
Documents have been satisfactorily met. The CONTRACTOR shall immediately remedy any
part of the feeder circuit, which does not . meet the requirements of the Contract. If the
CONTRACTOR is unable to correct the problem, DME shall at its discretion have the work
completed to bring the circuit into compliance with the Contract. All costs associated to bring
the work into compliance with the Contract will be deducted from the Bid price on the circuit
involved upon a satisfactory inspection by DME, the Contractor shall submit an invoice for the
work completed to: Inventory Control Specialist Attn: Misty Wills, 1701-C Spencer Road,
Denton Texas 76205; and original invoice to City of Denton Accounts Payable, .215 E.
McKinney, Denton Texas 76201. All invoices must reference the purchase order number.
6. The CONTRACTOR shall comply with all state, federal and local laws (including but not
limited to the Occupational Health and Safety Act) and all applicable codes and standards which
govern the Work. The CONTRACTOR shall specifically comply with OSHA 1910.269
concerning line clearance tree trimming and ANSI Z133.1 (2006), and ANSI A-300 Part 1-2008.
The CONTRACTOR shall have and maintain in force at all times and upon request shall furnish
to DME proof that it has all licenses that are required to do the Work. It shall be the
CONTRACTOR's responsibility to obtain city, county and state permits and schedule road
closures and other items necessary to complete the work. The CONTRACTOR agrees to
maintain a drug and, alcohol-testing program for all employees performing the Work under this
Agreement and agrees that it shall replace any such employee who refuses testing or fails a test
immediately, at the CONTRACTOR's expense without impeding the progress of the Work.
7. Neither CONTRACTOR nor any Subcontractor shall commence work under this
Agreement until the insurance described in the Contract Documents is in force and a certificate
showing proof of such insurance has been delivered to DME.
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8. Should the CONTRACTOR:
(a) Fail or refuse to begin or, if once begun, to diligently proceed with the Work after
receipt of the Notice to Proceed; or
(b) Assign or sublet this Agreement or any part thereof to any other third party,
without the prior written consent of DME; or
(c) Violate any provisions of this Agreement.
Then, in any of such events, DME may immediately take one or more of the following actions:
(I) cancel this Agreement; (11) require the CONTRACTOR to discontinue the Work
immediately; (III) sue the CONTRACTOR for damages suffered by DME, including
consequential damages, and (IV) seek and obtain whatever equitable relief by way of injunction
or specific performance that may be available. Seeking any one or more of the above remedies
will not be a waiver of any other remedy available to DME. The CONTRACTOR shall pay the
cost and expense of DME's enforcement of its rights hereunder, including but not limited to
reasonable attorney's fees and costs of court.
9. The CONTRACTOR shall be solely responsible for and shall have control over the
means, methods, techniques, and procedures for doing the Work. The CONTRACTOR is an
independent contractor and neither CONTRACTOR nor any of its employees shall be deemed to
be agents or employees of DME. The CONTRACTOR agrees to maintain a professional
workforce at all times. The CONTRACTOR shall enforce good order and discipline among their
employees and any other persons assisting in performing the Work. CONTRACTOR employees
performing the Work shall present a neat appearance and shall treat DME employees and DME
customers in a courteous and polite manner. The CONTRACTOR shall not employ unfit
persons or persons not skilled in the specific tasks of the Work. The CONTRACTOR, at his
expense, shall promptly replace employees or Subcontractors who do not meet these minimum
requirements without impeding the progress of the Work.
10. All vehicles to be used by the CONTRACTOR shall bear a "Denton Municipal Electric
Contractor" decal to be furnished by DME. CONTRACTOR agrees that decals will only be
displayed while working for DME.
11. CONTRACTOR shall use mechanical means in performance of work under this Contract
and shall not apply any chemical agents or herbicides in the performance of such work without
the prior express written consent of DME. Under no circumstances will pesticides, herbicides,
toxic chemicals, hazardous substances, hazardous wastes, or containers therefore be used,
applied, transported, stored, or disposed except in strict compliance with label requirements and
with all applicable federal, state, and local ordinances, laws, regulations, and licensing
requirements. All persons handling, mixing, using, applying, or storing herbicides shall be
properly licensed. No hazardous wastes shall be stored, used, deposited, spilled, or disposed on
DME property, easements, rights-of-way, or on the property of customers. For purposes of this
Contract, the terms "pesticides," "herbicides," "hazardous substances," and "hazardous wastes"
3 of 7
shall have the meaning as set forth in the Resource Conservation and Recovery Act, the
Comprehensive Environmental Response, Compensation and Liability act, the Toxic Substances
Control Act, or the Federal Insecticide, Fungicide, and Rodenticide Act, and shall also include
petroleum.
12. Contractor shall handle the disposal of brush and debris in a manner consistent with all
applicable- laws and regulations and shall take particular care to avoid obstructing roads, paths, or
waterways. Contractor shall be responsible for all parts of the work area and the removal of all
debris and surplus material, so as to leave the area in as good a condition as when the work
commenced. Trees and limbs suitable for firewood will be cut into manageable lengths and
stacked on the subject property.
13. Contractor shall exercise extreme care when cutting brush or trees that are close to or
touching wires.
14. Unless otherwise directed, Contractor shall comply with DME's Tree Trimming Policy in
effect as of the date work is performed. If any DME directive conflicts with the Tree Trimming
Policy, the directive shall prevail. If any DME directive conflicts with this Contract, the
Contract shall prevail.
15. Contractor hereby assumes the entire responsibility and liability in and for any and -all
damage or injury of any kind or nature whatsoever to all persons, whether its employees or
otherwise, and to all property growing out of or resulting, from the execution of the work
provided for in this Contract or occurring in connection therewith. Contractor agrees to defend,
indemnify, and save harmless DME and/or the City of Denton, Texas, their agents, officers,
servants, employees and insurers from and against any and all losses and expense, including
court costs and attorney's fees, damages or injury growing out of or resulting from or occurring
in connection with the execution of the work herein provided for; provided, however, that
Contractor will not be held liable for loss of life or injury or damage to person or property due to
the sole negligence of DME, its agents, officers, servants, or employees. This provision shall
survive the termination or expiration of this Contract for a period of two years.
16. Contractor shall maintain throughout the term of this Contract statutory worker's
compensation insurance, general liability insurance, and automobile liability insurance covering
the risks assumed in performance of the work under this Contract. General liability insurance
required under this Contract shall have minimum policy limits of $1,000,000 for personal injury
to or death of any one person and $1,000,000 aggregate for any one accident. The general_
liability insurance shall have minimum policy limits of $1,000,000 for property damage. DME
and the City of Denton shall be listed as an additional insured under any and all such general
liability policies.
17. Prior to beginning work under this Contract, Contractor shall submit to the City of
Denton and DME certificates and, upon request, policies, evidencing the insurance coverage
required under this Contract and showing DME to be an additional insured under such coverage.
The certificates of insurance shall provide that the insurance coverage shall not be canceled or
materially altered except upon thirty (30) days written notice to the City of Denton.
4 of 7
18. In the settlement or compromise by Contractor or its insurer of any claims arising out of
Contractor's performance under this Contract, Contractor shall obtain and provide to the City of
Denton and DME properly executed written releases, in form satisfactory to the City of Denton
and DME, releasing the City of Denton and DME from any and all liability.
19. The CONTRACTOR is responsible for any and all tax liabilities, which may be imposed
upon the Work, or any materials used therein under the sales or use tax laws of the State of
Texas. It shall be the CONTRACTOR's responsibility to determine if taxes are due on the Work
or materials installed under this Agreement. The CONTRACTOR, solely on his own behalf,
shall apply to the Texas Comptroller's Office for any applicable exemptions to sales and/or use
taxes.
20. The CONTRACTOR has thoroughly examined and carefully studied the Site of the Work
and the Contract Documents and has identified any and all conflicts, errors, ambiguities, and
discrepancies to DME in writing and the written resolution thereof by DME is acceptable to the
CONTRACTOR, and the CONTRACTOR has determined that it can deliver the work for the
Contract Price and within the contract Time specified in the Contract Documents and this
Agreement.
21. - CONTRACTOR shall immediately notify DME of any irregular situations observed on
DME's system, including, without limitation, equipment or facility malfunctions, accidents,
actual or potential safety problems, loose or sagging guys, and damaged or defective poles.
22. This Agreement shall be binding upon and shall inure to the benefit of the DME and the
CONTRACTOR and each of their respective heirs, successors, partners, and assigns. The
CONTRACTOR may not assign this Agreement or Subcontract any part of the Work without the
prior written consent of DME. No amendment, modification or interpretation of this Agreement
by DME shall be effective unless the same is in writing and signed by a duly authorized
representative of DME.
23. The CONTRACTOR agrees that it is his financial responsibility to repair all damages to
public and private property, which result from the performance of the Work. Repairs to
inhabited buildings and structures will be performed within 24 hours of written notification from
the DME or the property owner. The CONTRACTOR shall initiate repair of all other property
damaged during the performance of the Work within two (2) working days from the time of
notification of such damage and shall complete such repairs within five (5) working days. The
CONTRACTOR shall resolve all customer-related complaints, which are solely due to the
inadequate or negligent performance of his Work within five (5) working days. If the
CONTRACTOR fails to perform repairs in a timely manner as determined by the DME; the
DME will complete said repairs and subtract the cost of the repairs from the Contract Price.
24. This Contract shall be governed by and interpreted and enforced under the laws of the
State of Texas.
5 of 7
25. Contractor hereby submits to the personal jurisdiction in the State of Texas for resolution
of any disputes that may arise out of this Contract. Venue shall be proper solely in the courts of
Denton County, Texas.
26. Any notice required to be provided hereunder shall be provided in writing, unless verbal
communication is expressly permitted or verbal communication is appropriate because of
exigencies of time, in which case such verbal communication shall be confirmed in writing at the
earliest possible time. All notices shall be delivered or mailed to the addresses set forth below or
to such other address as the parties may from time to time designate in writing:
If to City of Denton: Denton Municipal Electric
ATTENTION: Operations Line Superintendent
Copy to: Tree Trimming Contract Coordinator
Copy to: Division Manager
1701 C Spencer Rd.
Denton, Texas 76205
Hand Delivery: 1701 C Spencer Rd.
Denton, Texas 76205
If to CONTRACTOR: ABC Professional Tree. Services, Inc.
Attn: Rocio Jasso, President
4831 Old Galveston Road
Houston, TX 77017
27. This Contract constitutes the final, complete, and entire written agreement of the parties
and supersedes all previous communications, representations, agreements, promises, statements,
proposals, past practice and specifications, whether written or oral, by or between the parties.
This Contract may be amended only in writing and signed by each of the parties to this Contract.
28. No delay or failure of DME in exercising any right or power under this Contract shall_
operate as a waiver of such right or power or prevent the future exercise of such right or power.
29. Nothing contained in this Contract shall be construed as creating rights in third parties,
and the parties hereby express their intent that this Contract is not intended to benefit in any
manner third parties.
30. Nothing contained in this Contract or in any bond or in any certificate or policy of
insurance, or in any provision of indemnity shall be construed to constitute a waiver by DME of
6 of 7
any provision, as amended, or of any other provision of federal, state, or local law affording
DME immunity and protection from, or limitation of tort or other liability.
31. Neither CONTRACTOR nor its employees shall offer any gifts, trips, gratuities, or any
other item of substantive value to any employee of DME.
IN-WITNESS WHEREOF, the parties hereto have affixed t signatures and seal, by
their duly authorized officers and representatives, on this the :3Aif i day of
2009.
"DME"
r CITY OF DENTON, TEXAS
By:
GEORGE CAMPBELL, CITY MANAGER
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
APPRO ED AS LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
By:
"C N R"
ABC P FE SI SERVICES, INC.
By:
NAME
ATTEST:
P1 o CL,
ITLE
By: U-"11 a Y, 0 t' e4 dill
7 of 7
Exhibit A
CITY OF DENTON
BID FOR TRIMMING SERVICES FOR DME
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ITEM DESCRIPTION LUMP SUM PRICE PER PROJECT
DESIGNATED PROJECTS:
6=4°:c'r~~-ri- - -__-4:~3._•:::rx ' :::<:a~:-i: ~ ; _ __~..SK.~ L::'•^"';.^.'l'_'
Furnish all supervision, labor, traffc control personnel,
_ _ _ _ _ _ ~t:;-=: • _
material, supplies, tools, equipment and transportation to trim =,t<«_
w:tilts: ':i! - - -
and remove treel brush and vines as needed to comply with
- :-_;;w _ _ _ _ _ •a-:
:~~;•'~--r; =:L = _
following pr
DME Tree Trimming Specifications for the 9 P _ . - . • , ;s,: _ _ -
A DME Feeder Hickory HK212 and Hickory HK213 (Double $ a r 3 QC) ' ao
Circuit
B DME Feeder Kings Row KR212 and Kings Row KR223 $ '5-- cle)
(Double Circuit)
C DME Feeder Kings Row KR213 and Kings Row KR221 $
(Double Circuit)
D DME Feeder Locust LC221 $ 3> >,7qo • od
E DME Feeder North Lakes NL211 and North Lakes NL221 $ X19 ~v
(Double Circuit)
ITEM DESCRIPTION QTY/UOM HOURLY RATE
EMERGENCY AND ADDITIONAL LINE CLEARING WORK AS NEEDED AERIAL LIFT CREWS:
55'
HOURLY LABOR FOR AERIAL LIFT CREWS
NE,
: _ 2:;~:?"'• `'e-t,..~;
MINIMUM WORKING HEIGHT •:-'Z_
of back lot work) with three 3 - - _
Total of one 1 crew (capable }
persons: one working Foreman with a CDL, one qualified line
clearance tree trimmer with CDL and one trimmer trainee or
round man.
A Standard Time (8 hours notice) 1 crew/hour $ C3(~ -
B Emergency Time (less than 8 hours notice) 1 crew/hour $
- s.:-~- t;~•::__:..
SUPPORT CREWS: TRIM AND BRUSH PICK--UP
>F , ~>t=-:~,~>,.~~~-sue-• ;s~-
Total of one (1) crew (trim and brush pick up) two (2)
persons one workin foreman with CDL and one ground }
man)
A Regular Time 1 crew/hour
B Overtime 1 crew/hour $ 'R3.
PAGE 3 OF BID #4233 Bidder's Initials
CITY OF DENTON
BID FOR TREE TRIMMING SERVICES FOR DME
ADDENDUM # 1
. ..-,L. ~ .a 5' ~ ~4.~~'c ,....~i 'Li'i.. so..-:~ t.- -"~.-4 F ~.Y •Y. "".r ~i ~ s~'..
_s~.~.' ,r-irs...~.'.._ .rte ~''~r -°..s. _ ~ss:n_~,`~y.~5~~-~-.w_, ,.:v~ ...._-Y,_
ITEM DESCRIPTION HOURLY RATE OVERTIME RATE
EMERGENCY AND ADDITIONAL LINE CLEARING WORK AS NEEDED - INDIVIDUAL LABOR & EQUIPMENT RATES:
4 Supervisor Tree Trimming $_39.50- $ 58.45
5 Foreman Tree Trimmer (climbing) $ 24.50 $ 36.26
5a Tree Trimmer $ 22.00 $ 32.56
6 Line Clearance Trainee or Ground Man/Flagman $ 19.00 $_28.12
7 Equipment Operator (tractor) $_24.00 $_35.50
Aerial Lift with dump bed and disc chipper 75-ft.
8 $_27.00 $_27.00
minimum working height and associated equipment
Chip truck, 10 cu. Yd. covered dump body with disc
9 $_16.00 $_16.00
chipper and associated equipment
Tractor, WD with bush-hog and associated
10 equipment $_37.00 $_37.00
.
11 Chipper only (DISC Chipper only) $_6.00 $_6.00
ITEM TREE DIAMETER REMOVAL RATE
TREE REMOVAL - To be utilized at the sole discretion of DME to have contract crews while
working on the associated circuit remove entire trees as identified by DME.
12 3" - 6" Dbh $_25.00
13 6" -12" Dbh $_45.00
14 12" -18" Dbh $_125.00
15 18"+ Dbh $_350.00
RETURN ONE (1) COMPLETE ORIGIN L A FIVE (5) COPIES OF EXECUTED BID PROPOSAL
Date Sign at Authorized Representative Company Name Sesv-1w, Inc.
PAGE 4 OF BID # 4233 Bidder's Initials
CITY OF DENTON
BID FOR TRIMMING SERVICES FOR DME
Please read the following articles and return initialed pages with the following completed
forms:
Bid Proposal (p. 3 - 6) Safety Questionnaire (p. 44 46)
Bid Proposal Signature Page (p. 8) Z Vendor References (p. 15)
✓ Qualification Requirements form (p. 9) Conflict of Interest Questionnaire (p. 43)
Equipment Schedule (see p. 12 for requirements)
ARTICLE 1. The undersigned bidder agrees, if this Bid is accepted, to enter into and execute in
the form attached to the Bidding Documents an Agreement with DME (the "Contract between
Denton Municipal Electric and Contractor") to complete all work as specified or indicated in the
Contract Documents for the Contract Price and within the Contract Time indicated in this Bid and
in accordance with the Contract Documents.
ARTICLE 2. Bidder accepts all of the terms and conditions of the Instructions to Bidders,
including without limitation, those dealings with the disposition of Bid security. The bidder
acknowledges that all work shall be performed in accordance with the Contract Documents of
DME. In the event of a conflict between the Contract Documents and DME's Standard
Specifications when incorporated by reference, the one requiring the highest level of quality of
work shall control. This Bid will remain open for acceptance by DME and may not be withdrawn
by the bidder until 90 days after the day of Bid opening- It is DME's intent to issue an award as
soon as possible after the bid evaluation baring unforeseen circumstances.
ARTICLE 3. In submitting this Bid, bidder* represents, as more fully set forth in the Agreement,
that
A. Bidder has examined and carefully studied the Bidding Documents, the
Advertisement for Bids, Instructions to Bidders, and the following Addenda (receipt
of which is hereby acknowledged):
Date e6ruar~ ll t
B. Bidder has examined the site and locality where the work for each circuit is to be
performed, the legal requirements (federal, state, and local laws, ordinances, rules
and regulations) and the conditions affecting cost, progress or performance of the
work and has made such independent investigations as bidder deems necessary;
C. Bidder has obtained and carefully studied (or assumes responsibility for having
done so) all additional or supplementary exam inations,'investigations, explorations,
tests, studies and data concerning conditions at or contiguous to each site which
may affect cost, progress, or performance of the work or which relate to any aspect
of the means, methods, techniques, sequences, and procedures of performing the
work to be employed by the bidder, including applying the specific means, methods,
techniques, sequences, and procedures of right-of-way clearing expressly required
by the Bidding Documents to be employed by bidder, and safety precautions and
programs incident thereto.
D. Bidder does not consider that any further examinations, investigations, explorations,
PAGE 5 OF BID #4233 Bidder's Initials R5
-CITY OF DENTON
BID FOR TRIMMING SERVICES FOR DME
tests, studies, or data are necessary for the determination of this -Bid for
performance of the Work at the price(s) bid and within the times and in accordance
with the other terms and conditions of the Bidding Documents.
E. Bidder has correlated the information known to bidder, information and observations.
obtained from visits to the Site, reports and drawing identified in the Bidding
Documents, and all additional examinations, investigations, explorations, tests,
studies, and data with the Bidding Documents.
ARTICLE 4. Bidder further represents that this Bid is genuine and not made in the interest of or
on behalf of any undisclosed individual or entity and is not-submitted in conformity with any
agreement or rules of any group, association, organization or corporation; bidder has not directly
or indirectly induced or solicited any other bidder to submit a false or sham Bid; bidder has not
solicited or induced any individual or entity to refrain from bidding; and bidder has not sought by
collusion to obtain for itself any advantage over any other bidder or over DNIE.
ARTICLE 5_ The bidder agrees to furnish all labor, equipment, and incidentals as required for the
completion of the Work all in accordance with the Bidding and Contract Documents. Bidder
hereby offers to complete the work for the price indicated on the Bid Form for each individual
feeder circuit of work. DME reserves the sole right to award each circuit independently based on
the bidder's responsiveness, responsibility, and Bid. DIME solely reserves the right to employ
two or more CONTRACTORS to complete the Work as listed and described on the Bid
Form.
The bidder must include sales and/or use taxes on all materials required for the work. The
successful bidder is solely responsible for applying to the Texas Comptroller's Office for any
applicable exemptions to sales and/or use taxes-
The bidder understands that the City of Denton and DIVIE reserve the right to reject any or all Bids
as well as to waive any formality in the bidding.
All'the various phases of the work enumerated in the detailed specifications with their individual
jobs and overhead, whether or not specifically mentioned, included by implication, or appurtenant
thereto, and to be performed by the CONTRACTOR. The lump-sum Bid for each independent
feeder circuit of work shall include all costs as required to complete the work in its entirety
including but not limited to supervision, labor, equipment, materials, overhead, profit, insurance,
traffic control, clean-up, repair of damages to public/private property, and all incidentals thereto.
ARTICLE 6. Bidder will complete the work awarded to him in its entirety within 90 days after
starting. a feeder trim. Bidder accepts the provisions of the Agreement.as to liquidated damages
in the event of failure to complete the work within the time specified above, which shall be stated
in the Agreement. In the event the bidder fails to perform the requirements of the Contract
Documents, DME reserves the right to terminate the Agreement resulting in forfeiture of the
performance bond that is provided by the Bidder.
PAGE 6 OF BID #4233 Bidder's initials
CITY OF DENTON
BID FOR TRIMMING SERVICES FOR DME
The undersigned agrees this bid becomes the property of the City of Denton after the official
opening.
The undersigned affirms he has familiarized himself with the local conditions under which the work
is to be performed; satisfied himself of the conditions of delivery, handling and storage of
equipment and all other matters that may be incidental to the work, before submitting a bid.
The undersigned agrees, if this bid is accepted, to furnish any and all items/services upon which
prices are offered, at the price(s) and upon the terms and conditions contained in the
Specifications. The period for acceptance of this Bid Proposal will be ninety (90) calendar days
unless a different period is noted by the bidder.
The undersigned affirms that they are duly authorized to execute this contract, that this bid has
not been prepared in collusion with any other Bidder, nor any employee of the City of Denton, and
that the contents of this bid have not been communicated to any other bidder or to any employee
of the City of Denton prior to the official opening of this bid.
Vendor hereby assigns to purchaser any and all claims for overcharges associated with this
contract which arise under the antitrust laws of the United States, 15 USCA Section 1 et seq., and
which arise under the antitrust laws of the State of Texas, Tex. Bus. & Com. Code,
Section 15.01, et seq.
The undersigned affirms that they have read and do understand the Is ecifcations and any
attachments contained in this bid package-
NAME AND ADDRESS OF COMPANY: AUTNORI E R RESENTATIVE:
V(DVessi opal -Tree SerU) ees Signature
~1~s31 Qt~ GCLIUS~n Date Februafl ~1, aan~
u svor~ Name 26 c i -D 5S v
Title "-Pre 9 i der% A-
Tel_ No. 013-L94-996k Fax No. 013 - to H q - 8,51
Email. c a ss-t,~ d c4 reee . Com
s--
COMPANY IS:
Business included it a Corporate Incurne Tax °etum? Y ES NO
Corporation organized & existing under the laws of the State of
Partnership consisting of
Individual trading as
Principal -offices are in the city of
PAGE 7 OF BID #4233 Bidder's Initials
CITY OF DENTON
BID FOR TREE TRIMMING SERVICES FOR DME
CITY OF DENTON, TEXAS
ELECTRIC POWER LINE CLEARANCE - TREE TRIMMING & CLEARING
QUALIFICATION REQUIREMENTS
Each bidder is required to provide complete responses to all information requested. Failure to
provide the information requested below may result in a bidder not being deemed a responsible
andfor responsive bidder..
In general, bidders will be qualified if they are responsible contractors with particular emphasis on
those with sufficient training and experience in electric power line right-of-way clearing and utility
forestry work.
Bidders must show that their equipment and facilities are sufficient and their workload so arranged
as to meet the schedule called for by the contract. In order to aid the City of Denton in determining
the responsibility of any bidder, the bidder shall furnish written evidence, satisfactory to DENTON
MUNICIPAL ELECTRIC, of the bidder's qualifications, experience, and familiarity with work of the
type specified together with the bidder's financial ability to complete the work as specified. The
evidence requested shall include, without being limited to, the following:
1. A list of three (3) contacts for similar work for electric line clearance tree trimming performed by
the undersigned along with the names and telephone numbers of the persons with whom the
undersigned was engaged by.
2. Attach as Exhibit A - A list of supervisory personnel that the undersigned plans to use and their
qualifications together with the training program(s) for performing electric line clearance tree
trimming.
3. Attach as Exhibit B - Detailed information on the undersigned company's drug and alcohol
policies, procedures, and training. Provide a copy of such policies and procedures. Provide a
written summary of the company's training program(s)-
4. Attach as Exhibit C - Detailed information on each and every contractual penalties collected
from the undersigned company, any legal proceedings, lawsuits or claims levied against or by
the undersigned contending a breach of or non-compliance with contract requirements or
specifications which suit is brought within the past five (5) years.
5. The undersigned hereby certifies that the undersigned has the necessary personnel,
equipment, tools, and incidentals necessary to perform the work re Uit ttached
specifications without delay.
Dated t his day of Ve- (1 2 09.
BY: Li~e-ss'-onal e ~C Y U C? 41c.
ITS: 6 O Q S t vi~)U--)IA
PAGE 8 OF BID #4233
CITY OF DENTON
INSURANCE REQUIREMENTS FOR CONTRACTORS
Bidder's attention is directed to the insurance requirements below. It is highly recommended
that bidders confer with their respective insurance carriers or brokers to determine in advance
of Bid submission the availability of insurance certificates and endorsements as prescribed
and provided herein. If an apparent low bidder fails to comply strictly with the insurance
requirements, that bidder may be disqualified from award of the contract. Upon bid award, all
insurance requirements shall become contractual obligations, which the successful bidder
shall have a duty to maintain throughout the course of this contract.
STANDARD PROVISIONS:
Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall
provide and maintain until the contracted work has been completed and accepted by the City of
Denton, Owner, the minimum insurance coverage as indicated hereinafter.
As soon as practicable after notification of bid award, Contractor shall file with the Purchasing
Department satisfactory certificates of insurance, containing the bid number and title of the
project. Contractor may, upon written request to the Purchasing Department, ask for
clarification of any insurance requirements at any time; however, Contractors are strongly
advised to make such requests prior to bid opening, since the insurance requirements may not be
modified or waived after bid opening unless a written exception has been submitted with the bid.
Contractor shall not commence any work or deliver any material until he or she receives
notification that the contract has been accepted, approved, and signed by the City of Denton.
All insurance policies proposed or obtained in satisfaction of these requirements shall comply
with the following general specifications, and shall be maintained in compliance with these
general specifications throughout the duration of the Contract, or longer, if so noted:
• Each policy shall be issued by a company authorized to do business in the State of
Texas with an A.M. Best Company rating of at least A.
• Any deductibles or self-insured retentions shall be declared in the bid proposal. If
requested by the City, the insurer shall reduce or eliminate such deductibles or
self-insured retentions with respect to the City, its officials, agents, employees and
volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and
related investigations, claim administration and defense expenses.
• Liability policies shall be endorsed to provide the following:
• Name as additional insured the City of Denton, its Officials, Agents,
Employees and volunteers.
• That such insurance is primary to any other insurance available to the
additional insured with respect to claims covered under the policy and that this
insurance applies separately to each insured against whom claim is made or
suit is brought. The inclusion of more than one insured shall not operate to
increase the-insurer's limit of liability.
• Cancellation: City requires 30 day written notice should any of the policies
described on the certificate be cancelled before the expiration date.
• Should any of the required insurance be provided under a claims-made form,
Contractor shall. maintain such coverage continuously throughout the term of
this contract and, without lapse, for a period of three years beyond the contract
expiration, such that occurrences arising during the contract term which give
rise to claims made after expiration of the contract shall be covered.
• Should any of the required insurance be provided under a form of coverage that
includes a general annual aggregate limit providing for claims investigation or
legal defense costs to be included in the general annual aggregate limit, the
Contractor shall either double the occurrence limits or obtain Owners and
Contractors Protective Liability Insurance.
• Should any required insurance lapse during the contract term, requests for
payments originating after such lapse shall not be processed until the City
receives satisfactory evidence of reinstated coverage as required by this
contract, effective as of the lapse date. If insurance is not reinstated, City may,
at its sole option, terminate this agreement effective on the date of the lapse.
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS:
All insurance policies proposed or obtained in satisfaction of this Contract shall additionally
comply with the following marked specifications, and shall be maintained in compliance with
these additional specifications throughout the duration of the Contract, or longer, if so noted:
[X ] A. General Liability Insurance:
General Liability insurance with combined single- limits of not less than
$1,000,000.00shall 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 $500,000.00 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.
[X] Workers Compensation Insurance
Contractor shall purchase and maintain Worker's Compensation insurance which, in
addition to meeting the minimum statutory requirements for issuance of such insurance,
has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each
employee, and a $500,000 policy limit for occupational disease. The City need not be
named as an "Additional Insured" but the insurer shall agree to waive all rights of
subrogation against the City, its officials, agents, employees and volunteers for any work
performed for the City by the Named Insured. For building or construction projects, the
Contractor shall comply with the provisions of Attachment 1 in accordance with
§406.096 of the Texas Labor Code and rule 28TAC 110.110 of the Texas Worker's
Compensation Commission (TWCC).
[ ] Owner's and Contractor's Protective Liability Insurance
The Contractor shall obtain, pay for and maintain at all times during the prosecution of
the work under this contract, an Owner's and Contractor's Protective Liability insurance
policy naming the City as insured for property damage and bodily injury which may arise
in the prosecution of the work or Contractor's operations under this contract. Coverage
shall. be on an "occurrence" basis, and the policy shall be issued by the same insurance
company that carries the Contractor's liability insurance. Policy limits will be at least
combined bodily injury and property damage per occurrence with a aggregate.
[ ] Fire Damage Legal Liability Insurance
Coverage is required if Broad form General Liability is not provided or is unavailable to
the contractor or if a contractor leases or rents a portion of a City building. Limits of not
less than each occurrence are required.
[ ] Professional Liability Insurance
Professional liability insurance with limits not less than per claim with
respect to negligent acts, errors or omissions in connection with professional services is
required under this Agreement.
[ ] Builders' Risk Insurance
Builders' Risk Insurance, on an All-Risk form for 100% of the completed value shall be
provided. Such policy shall include as "Named Insured" the City of Denton and all
subcontractors as their interests may appear.
[ ] Commercial Crime
Provides coverage for the theft or disappearance of cash or checks, robbery inside/outside
the premises, burglary of the premises, and employee fidelity. The employee fidelity
portion of this coverage should be written on a "blanket" basis to cover all employees,
including new hires. This type insurance should be required if the contractor has access
to City funds. Limits of not less than each occurrence are required.
[ ] Additional Insurance
Other insurance may be required on an individual basis for extra hazardous contracts and
specific service agreements. If such additional insurance is required for a specific
contract, that requirement will be described in the "Specific Conditions" of the contract
specifications.
ATTACHMENT 1
[XI Worker's Compensation Coverage for Building or Construction Projects for
Governmental Entities
A. Definitions:
Certificate of coverage ("certificate ")-A copy of a certificate of insurance, a
certificate of authority to self-insure issued by the commission, or a coverage
agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory
workers' compensation insurance coverage for the person's or entity's employees
providing services on a project, for the duration of the project.
Duration of the project - includes the time from the beginning of the work on the
project until the contractor's/person's work on the project has been completed and
accepted by the governmental entity.
Persons providing services on the project ("subcontractor" in §406.096) - includes all
persons or entities performing all or part of the services the contractor has
undertaken to perform on the project, regardless of whether that person contracted
directly with the contractor and regardless of whether that person has employees.
This includes, without limitation, independent contractors, subcontractors, leasing
companies, motor carriers, owner-operators, employees of any such entity, or
employees of any entity which furnishes persons to provide services on the project.
"Services" include, without limitation, providing, hauling, or delivering equipment or
materials, or providing labor, transportation, or other service related to a project.
"Services" does not include activities unrelated to the project, such as food/beverage
vendors, office supply deliveries, and delivery of portable toilets.
B. The contractor shall provide coverage, based on proper reporting of classification
codes and payroll amounts and filing of any overage agreements, which meets the
statutory requirements of Texas Labor Code, Section 401.011(44) for all employees
of the Contractor providing services on the project, for the duration of the project.
C. The Contractor must provide a certificate of coverage to the governmental entity prior
to being awarded the contract.
D. If the coverage period shown on the contractor's current certificate of coverage ends
during the duration of the project, the contractor must, prior to the end of the
coverage period,- file a new certificate of coverage with the governmental entity
showing that coverage has been extended.
E. The contractor shall obtain from each person providing services on a project, and
provide to the governmental entity:
1) a certificate of coverage, prior to that person beginning work on the project, so the
governmental entity will have on file certificates of coverage showing coverage
for all persons providing services on the project; and
2) no later than seven days after receipt by the contractor, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of the project.
F. The contractor shall retain all required certificates of coverage for the duration of the
project and for one year thereafter.
G. The contractor shall notify the governmental entity in writing by certified mail or
personal delivery, within 10 days after the contractor knew or should have known, of
any change that materially affects the provision of coverage of any person providing
services on the project.
H. The contractor shall post on each project site a notice, in the text, form and manner
prescribed by the Texas Workers' Compensation Commission, informing all persons
providing services on the project that they are required to be covered, and stating how
a person may verify coverage and report lack of coverage.
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;
5) retain all required certificates of coverage on file for the duration of the project
and for one year thereafter;
6) notify the governmental entity in writing by certified mail or personal delivery,
within 10 days after the person knew or should have known, of any change that
materially affects the provision of coverage of any person providing services on
the project; and
7) contractually require each person with whom it contracts, to perform as required
by paragraphs (1) - (7), with the certificates of coverage to be provided to the
person for whom they are providing services.
J. By signing this contract or providing or causing to be provided a certificate of
coverage, the contractor is representing to the governmental entity that all employees
of the contractor who will provide services on the project will be covered by workers'
compensation coverage for the duration of the project, that the coverage will be based
on proper reporting of classification codes and payroll amounts, and that all coverage
agreements will be filed with the appropriate insurance carrier or, in the case of a self-
insured, with the commission's Division of Self-Insurance Regulation. Providing
false or misleading information may subject the contractor to administrative penalties,
criminal penalties, civil penalties, or other civil actions.
K. The contractor's failure to comply with any of these provisions is a breach of contract
by the contractor which entitles the governmental entity to declare the contract void if
the contractor does not remedy the breach within ten days after receipt of notice of
breach from the governmental entity.