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2006-092ORDINANCE NO. ZOO,6- d 9Z AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A TWO YEAR CONTRACT FOR MOWING FOR VARIOUS CITY DEPARTMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 3463-TWO YEAR CONTRACT FOR MOWING AWARDED TO THE LOWEST RESPONSIBLE BIDDER FOR EACH SECTION IN THE ANNUAL ESTIMATED AMOUNT OF $299,368.22). WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefor, with the exception of Proposals C and K, which was awarded to Dencross Landscape Maintenance, whose principal place of business is located within the city limits of Denton, Texas, and who will offer the City the best combination of contract price and additional economic development opportunities for the City created by the contract award, including the employment of local residents of the City and increased tax revenues to the City; and WHEREAS, the City Council has provided in the City Budget for the appropriation offends 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 ofthe CityPurchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items: BID ITEM NUMBER NO VENDOR AMOUNT 3463 Proposal A Tru Green Landcare LLC Exhibit A 3463 Proposal B Tru Green Landcare LLC Exhibit A 3463 Proposal C VMC Landscape Services Exhibit A 3463 Proposal D Tru Green Landcare LLC Exhibit A 3463 Proposal E Tru Green Landcare LLC Exhibit A 3463 Proposal F Tru Green Landcare LLC Exhibit A 3463 Proposal G Tru Green Landcare LLC Exhibit A 3463 Proposal H Tru Green Landcare LLC Exhibit A 3463 Proposal I Tru Green Landcare LLC Exhibit A 3463 Proposal J Dencross Landscape Maint. Exhibit A 3463 Proposal K Dencross Landscape Maint. Exhibit A 3463 Proposal L Tru Green Landcare LLC Exhibit A 3463 Proposal M Tru Green Landcare LLC Exhibit A 3463 Gen. Mowing Class A Dencross Landscape Maint. Exhibit A 3463 Gen. Mowing Class B Dencross Landscape Maint. Exhibit A 3463 Gen. Mowing Class C Dencross Landscape Maint. Exhibit A 3463 Gen. Mowing Class D Dencross Landscape Maint. Exhibit A The City Council hereby finds that the apparent low bidder for Proposals B,C,D, & G, O'Donnell's Landscape Services, Inc. is not the lowest responsible bidder due to unacceptable performance for similar services with other area cities. ' 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 the ~~R day of~~~ , 2006. ~"- ,~~ EIJLINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL EDWIN M. SNYBER, CITY, BY: 3-ORD-61D 3453 BID #3463 DATE: 3/9/06 TWO-YEAR CONTRACT FOR MOWING No. DESCRIPTION Exhibit A VENDOR i VENDOR I VENDOR VMC Landscape TruGreen Dencross Landscape Services Landcare Maintenance Principle Place of Business: Dallas, TX Ft. Worth, TX Denton, TX PROPOSALS -ANNUAL BID PRICE A MEDIANS CLASS A $33,863.04 B CITY PARKS CLASS A $23,040.00 C LIBRARIES CLASS A $7,176.25 D CITY PARKS CLASS B $80,933.20 E CITY MEDIANS CLASS B NORTH $8,101.18 F CITY MEDIANS CLASS B SOUTH $9,348.24 G FIRE STATIONS CLASS A & B inclutling Bed Maint $7,880.00 H CEMETERIES $62,503.92 I SOLID WASTE/LANDFILL CLASS A, B 8 C $11,963.28 J ELECTRICAL SUBSTATIONS CLASS B $8,900.00 K WATER RECLAMATION CLASS A 8 C $18,465.00 L CODE ENFORCEMENT -SEE NEXT PAGE M RAIL TRAIL $11,185.02 GENERAL MOWING SERVICE AS NEEDED BY THE CITY -PRICE PER ACRE PER CYCLE CLASS A $30.00 CLASS B $30.00 CLASS C $40.00 CLASS D $40.00 'Per acre per cycle price will be prorated for smaller parcels as determined by the City BID #3463 EXhlbit A DATE: 3/9/06 TWO-YEAR CONTRACT FOR MOWING No. DESCRIPTION VENDOR VMC Landscape Services Principle Place of Business: Dallas, TX VENDOR TruGreen Lantlcare Ft. Worth, TX VENDOR Dencross Landscape Maintenance Denton, TX PROPOSAL L-CODE ENFORCEMENT MOWING OF PARCELS WITH UNRESTRICTED ACCESS I A Parcels of land up to 10,000 square feet (up to 3'/over 3') $20.00/$30.00 II-A Parcels of land 10, 001 square feet to 1 acre (up to 3'/over 3') $35.00/$45.00 III-A Parcels of land more than 1 acre (up to 3'/over 3') $47.00/$57.00 MOWING OF PARCELS WITH RESTRICTED ACCESS I B Parcels of land up to 10,000 square feet (up to 3'/over 3') $20.00/$30.00 II B Parcels of land 10,001 square feet [c 1 acre (up to 3'/over 3') $35.00/$45.00 III-B Parcels of land more than 1 acre (up to 3'/over 3') $47.00/$57.00 TRASH AND DEBRIS REMOVAL IV Trash & Debris removal based on cubic yard calculated by the COD Solid Waste formula $130.00 Hourly Rate for Special Call Request Houdy rate for tractors & mowers $38.31 Hourly rate for labor & trimmer $25.00 '~ CONTRACT AGREEMENT STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT, made and entered into this 4`h day of Anril A.D., 2006, by and between City of Denton of the County of Denton and State of Texas, acting through Howazd Martin thereunto duly authorized so to do, hereinafter termed "OWNER," and 2550 Berner Street Fort Worth, Texas 76111 of the City of , County of and State of Texas ,hereinafter termed "CONTRACTOR." WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by OWNER, and under the conditions expressed in the bonds attached hereto, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified below: ~~ fit, in the amount of ~~'r and all extra work in connection therewith, under the terms as stated in the Genera Conditions of the agreement; and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the work specified above, in accordance with the conditions and prices stated in the Proposal and the Performance and Payment Bonds, attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), and Instructions to Bidders, as referenced herein and on file in the office of the Purchasing Agent, and in accordance with all local, state and federal laws; and plans, which includes all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepazed by: City of Denton Parks and Recreation Department all of which aze referenced herein and made a part hereof and collectively evidence and constitute the entire contract. CA-1 1 Independent Status It is mutually understood and agreed by and between City and Contractor that Contractor is an independent contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas, for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, worker's compensation, or any other City employee benefit. City shall not have supervision and control of Contractor or any employee of Contractor, and it is expressly understood that Contractor shall perform the services hereunder according to the attached specifications at the general direction of the City Manager of the City of Denton, Texas, or his designee under this agreement. Indemnification Contractor covenants and agrees to and does hereby indemnify, hold harmless and defend, at its own expense, Owner, its officers, servants and employees, from and against any and all claims or suits for property loss or damage and/or personal injury, including death, to any and all persons, of whatsoever kind or character, whether real or asserted, arising out of the Work and services to be performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or invitees, whether or not caused, in whole or in part, by the alleged negligence of the officers, servants, employees, of the Owner. Contractor likewise covenants and agrees to, and does hereby, indemnify and hold harmless Owner during the performance of any of the terms and conditions of this Contract, whether arising out of in whole or in part, any and all alleged acts or omissions of officers, servants, or employees of Owner. The provisions of this pazagraph are solely for the benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other person or entity. Choice of Law and Venue This agreement shall be governed by the law of the State of Texas and venue for its construction and enforcement shall lie in the courts of Denton County, Texas. The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in written notice to commence work and complete all work within the time stated in the Proposal, subject to such extensions of time as are provided by the General and Special Conditions. The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the Contract. CA-2 IN WITNESS WHEREOF, the parties of these presents have executed this agr e t in the year and day first above written. C ATTEST: City of Denton OWNER BY: (SEAL) ATTEST: C'h'~z-~~ CQ~ti. n,~C rc~.rn l~.~d a~ CONTRACTOR 2SSo ('~.e~vw ~ .~ ~+' ~~- ~ ~~11,. "fk ~ to l l I MAILING ADDRESS ~11- ~u o • ~~+2 PHONE NUMBER FAX Ni JMBER BY: ~[j/ CF T TITL~a~L'.~i PRINTED NAME (SEAL) CA-3 BID u3as3 Exhibit A DAT`c: 3/9/06 ' TWO-YEAR CONTRACT FOR MOWING No. DESCRIPTION VENDOR VMC Landscape Services Principle Place of Business: Dallas, TX VENDOR TruGreen Landcare Ft. Worth, TX VENDOR Dencross Landscape Maintenance Denton, TX PROPOSALS - ANNUALBID PRICE A MEDIANS CLASS A $33,863.04 B CITY PARKS CLASS A $23,040.00 C LIBRARIES CLASS A $7,175.25 D CITY PARKS CLASS B $80,933.20 E CITY MEDIANS CLASS B NORTH $8,101.18 F CITY MEDIANS CLASS B SOUTH $9,348.24 G FIRE STATIONS CLASS A & 8 including Bed Maint $7,880.00 H CEMETERIES $62,503.92 I SOLID WASTE/LANDFILL CLASS A, B & C $11,953.28 J ELECTRICAL SUBSTATIONS CLASS B $8,900.00 K WATER RECLAMATION CLASS A & C $18,465.00 L CODE ENFORCEMENT-SEE NEXT PAGE M RAIL TRAIL $11,185.02 GENERAL MOWING SERVICE AS NEEDED BY THE CITY -PRICE PER ACRE PER CYCLE CLASS A $30.00 CLASS B $30.00 CLASS C $40.00 CLASS D $40.00 'Per acre per cycle price will be prorated for smaller parcels as determined by the City BID'#3463 ~ EXhiblt A DATE: 3/9106 r TWO-YEAR CONTRACT FOR MOWING No. DESCRIPTION VENDOR VMC Landscape Services Principle Place of Business: Dallas, TX VENDOR TruGreen Landcare Ft. Worth, TX VENDOR Dencross Landscape Maintenance Denton, TX PROPOSAL L-CODE ENFORCEMENT MOWING OF PARCELS WITH UNRESTRICTED ACCESS I A Parcels of land up to 10,000 square feet (up to 3'/over 3') $20.00/$30.00 II-A Parcels of land 10, 001 square feet to 1 acre (up to 3'/over 3') $35.00/$45.00 III-A Parcels of land more than 1 acre (up to 3'/over 3') $47.001$57.00 MOWING OF PARCELS WITH RESTRICTED ACCESS I B Parcels of land up l0 10,000 square feet (up to 3'lover 3') $20.00/$30.00 II B Parcels of land 10,001 square feet to 1 acre (up to 3'lover 3') $35.00/$45.00 III-B Parcels of land more than 1 acre (up to 3'/over 3') $47.00/$57.00 TRASH AND DEBRIS REMOVAL IV Trash & Debris removal based on cubic yard calculated by the COD Solid Waste formula $130.00 Hourly Rate for Special Call Request Hourly rate for tractors & mowers $38.31 Hourly rate for labor & trimmer $25.00 CITY OF DENTON TWO-YEAR CONTRACT FOR MOWING BID SUMMARY SHEET PROPOSAL PROPOSAL A MEDIANS CLASS A a Annual Bid Amount $ PROPOSAL B CITY PARKS CLASS A ~ $ yJ PROPOSAL C LIBRARIES CLASS A $ PROPOSAL D CITY PARKS CLASS B $ q PROPOSAL E CITY MEDIANS CLASS B NORTH $ ~ , ~ PROPOSAL F CITY MEDIANS CLASS B SOUTH PROPOSAL G FIRE STATIONS CLASS A AND B PROPOSAL H CEMETERIES $ q Zy. $ ~ $ PROPOSAL I -SOLID WASTE /LANDFILL CLASS A, B, C $ PROPOSAL J -ELECTRICAL SUBSTATIONS CLASS B $ Lj-. PROPOSAL K -WATER RECLAMATION CLASS A&C $ 17 PROPOSAL L -CODE ENFORCEMENT $ PROPOSAL M - RAILTRAIL $ ~ GRAND TOTAL $ ~ ~ (yJt~''t`Lo ~til ~(CC2~ GENERAL MOWING SERVICE AS NEEDED BY CITY ~~~~~ MOWING CLASSIFICATION Price Per Acre Per Cycle* _ CLASS A $ ~ c{ ~ cLASS B $_ 38. l-l cLASS c $ ~ 31 CLASS D 4 $ ~l~ 'Per acre per cycle price will be prorated for smaller parcels as determined by the City. PAGE 2 OF BID #3463 Bidder's Initials ~~ CITY OF DENTON TWO-YEAR CONTRACT FOR MOWING PROPOSAL A -CITY MEDIANS 8~ RIGHT-OF-WAYS Class A Mowing MEDIANS AND OTHER SITES: FOR MOWING OF WEEDS AND GRASS ON CITY MEDIANS AND LOTS WITHIN THE CORPORATE BOUNDARIES OF THE CITY OF DENTON, TEXAS, per all tenns, conditions and specifications herein. ~. ' Bid/ Size Cycles Mowing MEDIAN Medians Dallas Dr. I-35 to Teasle Ln Class A Acres 0 40 /ear C cle Annual Bid . Medians Teasley Ln. (Dallas Dr. to Lillian . 32 $ $ I Miller Pk A 1.41 32 $ ~I I .qq $ Medians Lillian Miller (I-35 to Sundown Blvd.) Include medians under I-35 A 1.08 32 $ ~ I, ~ $ ~~ Carroll Blvd. (Old Fort Worth Drive to Sherman Dr.) See map (sites in median east and west sides in A endix C A 4 72 32 $ ~( t Fort Worth Drive (I-35 to Old Fort Worth Drive. A 0.28 32 $ $ (~~ University Dr. (Carroll to island west of I-35) , See map (Three islands on south side of Universit A 7.26 32 $~3 $I Universit Drive from Elm Street to Loo 288. A 2.58 32 , $ I~}3. y1 $ Totals for C cles and Annual Bid $10 $ 5 0 ~C.~~ Date Signature of Authorized Representative PAGE 3 OF BID #3463 %2 r/rrc~.v L~~ C,~.. Company Name Bidder's Initials ~- CITY OF DENTON TWO-YEAR CONTRACT FOR MOWING PROPOSAL B -PARKS AND PUBLIC BUILDINGS Class A Mowing PARKS, MEDIANS, AND PUBLIC BUILDINGS: FOR MOWING OF WEEDS AND GRASS ON CITY SITES WITHIN THE CORPORATE BOUNDARIES OF THE CITY OF DENTON, TEXAS, per all terms, conditions and specifications herein. r ,~; . MEDIAN Size Cycles/ - $ Bid/ $Annual Bid Ci Hall East, 601 East Hicko Acres 1 15 ear Mowin C cle Ci Hall West, 221 North Elm . 0.09 32 32 ~ ~~ MLK Recreation Center, 1300 Wilson 5 32 _ l Civic Center Park (creek bank included), 20.02 32 Monday orTuesday service, preference first two da s of business week. ~~ ~ ~ City of Denton Service Center, 901 A & B 1.20 32 Texas Sam to 5 m, Monda - Frida ~ ~. ~ 'Alternate Items for future consideration Totals for C Iles and Annual Bid $ ~~ ~ $ ~ ~,~ 3 9 ~ din ~. ~r c~c` Date Signature of Authorized Representative PAGE 4 OF BID #3463 Company Name Bidder's Initials ~- CITY OF DENTON TWO-YEAR CONTRACT FOR MOWING PROPOSAL C -LIBRARIES Class A Mowing LIBRARY GROUNDS: MOWING OF WEEDS AND GRASS ON SITES, WITHIN THE CORPORATE LIMITS OF THE CITY OF DENTON, per all terms, conditions and specifications herein. , Library Grounds Schedule: _ Size Number Bid/Mowing Site location North Branch Library, 3020 N. Class Acres of C cles C cle Annual Bid Locust St. A 1 32 $ South Branch Library, 3228 $ Teasle Lane A .98 32 $ ~, Size Planter Bed Maintenance Class (F tre I Bid 'ng ee of C les C c e Annual Bid North Branch Libra A 21,100 32 . $ ~ p,~p $ Alternate Item for future consideration: Contractor shall submit separate per cycle mowing bids and per cycle planter bed maintenance bids. Per cycle planter bed maintenance costs shall include shrub trimming three times per year (as per specifications) and three applications of turf fertilizer (as per specifications). 3.9" °G°G ~ae ~~ Date Signature of Authorized Representative T Come an Na' e0 ~a~i ,_ P Y PAGE 5 OF BID #3463 Bidder's Initials _~ CITY OF DENTON TWO-YEAR CONTRACT FOR MOWING PROPOSAL D -CITY PARKS Class B Mowing PARKS: FOR MOWING OF WEEDS AND GRASS ON CITY SITES WITHIN THE CORPORATE BOUNDARIES OF THE CITY OF DENTON, TEXAS, per all terms,~conditions and specifications herein. ,H 3 ~ m ~~ ,4t~.. Date Signature of Authorized Representative PAGE 6 OF BID #3463 Company Name Bidder's Initials d~r~ CITY OF DENTON TWO-YEAR CONTRACT FOR MOWING PROPOSAL E -MEDIANS AND RIGHT OF WAYS-NORTH Class B Mowing MEDIANS AND OTHER SITES: FOR MOWING OF WEEDS AND GRASS ON CITY MEDIANS AND LOTS WITHIN THE CORPORATE BOUNDARIES OF THE CITY OF DENTON, TEXAS, per all terms, conditions and specifications herein 3 ° ~r~ ,.~... ate Signature of Authorized Representative PAGE 7 OF BID #3463 Company Name Bidder's Initials CITY OF DENTON TWO-YEAR CONTRACT FOR MOWING PROPOSAL F -MEDIANS AND RIGHT OF WAY-SOUTH Class B Mowing MEDIANS AND OTHER SITES: FOR MOWING OF WEEDS AND'GRASS ON CITY MEDIANS AND LOTS WITHIN THE CORPORATE BOUNDARIES OF THE CITY OF DENTON, TEXAS, per all terms, conditions and specifications herein. MEDIAN Size Cycles / ~ $ Bid/ $Annual Bid Ma hill I-35 to Blue Ja Acres ear Mowin C cle 1 83 20 L} ( Colorado Loo 288 to Ma hill 0.85 20 I Brinker Rdad I-35 to Loo 288 1.14 20 Colorado (Loop 288 to island -north of San 1.5 20 Jacinto Blvd . San Jacinto Blvd. 135 to Colorado 0.5 20 l l ,l~ Dallas Drive East side of Townshi II ent 1.26 20 ~ ~ q Townshi II 6 islands 0.5 20 . Teasley Lane East of Dallas Drive to Shady 0.24 20 Oaks Dr. Shad Oaks Blvd. Woodrow to deadend 0.5 20 l L. Animal Control 300 S. Woodrow 0.3 20 gam to 4 m Monda -Frida ~ Ea le & Dallas Dr. includin under railroad 0.38 20 Ea le & Elm 0.05 20 I Dallas Drive & Robertson 4 33 20 , ' W e Street & Industrial . 0.4 20 1' Stroud & S camore drains a lots 0.44 20 Da Labor Site Fort Worth Drive & Collins 1'89 20 Kendoff & Underwood I -35 0.4 20 ~ 4 Westrid e Circle 0.2 20 Bent Creek Estates Ent HWY 377 0.45 20 Ran Rd. Forestrid e 0.27 20 ~ t Forrestrid a Blvd. Hobson to Timber reen 0.2 20 Wind River I-35 and 2181 0.04 20 ~ Roberson Road Berkle T,.+-ti i 0.04 20 , ~ , ~.. 39n ~~~~~ Date Signature of Authorized Representative PAGE 8 OF BID #3463 ~y~7.ly- ~~13~, ~t Company Name Bidder's Initials ~/~~- CITY OF DENTON TWO-YEAR CONTRACT FOR MOWING PROPOSAL G- FIRE STATIONS Class A and B Mowing rIFZE STATION SCHEDULE OPTION ONE Site Location Size acres) Number,of $Bid/mowing $Annual Bid C ales c cles 32 cycle bid Station #1 Bell Hicko 0.3 Acres 32 20 c cle bid Station #2.2209 E. McKinne 0.7 Acres 2p tation #3 1204 McCormick 0.2 Acres 20 Station #4 2110 Sherman Dr. 0.64 Acres 20 Station #5 2230 W. Windsor Dr. 1.12 Acres 20 Station #6 3232 Teasle Ln. 0.4 Acres 2p Station 217 W McKinne 0 2 A . cres 2p TOTAL ANNUAL BID $ $ OPTION TWO BED MAINTENANCE Station #1 Bell@Hickory St 5371 Square Station 217 W McKinne eet no beds ~,~ Station #2 2209 E. McKinney 623 Square Station #3 1204 McCormick eet 174 S 5 ~~' quare eet Station #4 2110 Sherman Drive 567 S ~ quare eet Station #5 2230 W Windsor Drive 55 S ~ . quare Station #6 3232 Teasley Lane eet 96 S c'~ quare eet I TOTAL $ ~~, ~ $ I~~. ~ a j Date Signature of Authorized Representative PAGE 9 OF BID #3463 T v~2rw L~9~rD G9r~ Company Name Bidder's Initials s/~ CITY OF DENTON TWO-YEAR CONTRACT FOR MOWING PROPOSAL H -CEMETERIES CLASS B MOWING 3-9-°~ -~.~ ~` Date Signature of Authorized Representative PAGE 11 OF BID #3463 Company Name Bidder's Initials CITY OF DENTON TWO-YEAR CONTRACT FOR MOWING PROPOSAL I -SOLID WASTElLANDFILL Site Location Mayhill Rd. Buffer Zone, 1100 Ma hill Rd. Class B Size Acres 6.8 Number of C cles :k .20 Bid/Mowing C cles $ ( I .- I Annual Bid $ Foster Rd. Buffer Zone 1527 , S. Ma hill Rd. B 3.8 20 $~.f, $( Solid Waste Facilities Lawn , 1527 S. Me hill Rd. A .5 32 $ l I • ll $ Foster Rd. Pro erties A Entrance Area, 1527 S. Mayhill Rd. C 5.5 14 32 7 $ $ l.ll $ ILl $ Totals for C cles and Annual Bid $ $ I~~ ''Waste FacilitiesaLawnlus Seasonal Color Plantin s: S. Ma hill Rd. A 2,900 sq. ft. 32 Contact David Dugger at (940) 349-8001 for additional information. Contractor shall submit separate percycle mowing bids and per cycle planter bed maintenance bids. Per cycle planter bed maintenance costs shall include shrub trimming three times per year (as per specifications) and three applications of turf fertilizer (as per specifications). J ~ ~ ~~ ~ _ ~ G.~ Date - ~ROG'~"~ Signature of Authorized Representative Company Name PAGE 12 OF BID #3463 Bidder's Initials ~~' CITY OF DENTON TWO-YEAR CONTRACT FOR MOWING PROPOSAL J -ELECTRIC SUBSTATIONS Site Location Class Size Acres Number of C cld Bid/Mowing s C cle Annual Bid Pole Yard, 1701 S enter Rd. B A rox. M "" 20 $ ~ $ Add side of ole and 4.5 Pockrus Substation, South of I- 35 E on Pockrus Rd. B A rox. 0.8 2p $ $ Northlakes Substation, N. .. Bonnie Brae at Rine Rd. B A rox. 0.5 2p $33 $ Denton North Interchange N , . Locust at Hercules B • A rox. 0.3 20 $ ~, $ Kings Row Substation Kings , Row between Dunes St. and Marianne Cir. B A rox. 0.4 2p $ I $ Arco Substation Gressling , Rd. at Bla Rd. B A rox. 2.0 2p $ ~ $ Hickory Substation Bonnie , Brae between Oak and Hicko B A rox. 0.4 20 $ $ Locust Substation North f , o Daugherty St. between Locust and M rtle B A rox. 1.25 20 $ ',~- .2~ $ Totals for C cles and Annual Bid $ I $ 14. Contact Sam Bridges at (940) 349-7600 for additional information. Date Signature of Authorized Representative Company Name PAGE 13 OF BID #3463 Bidder's Initials ~~ CITY OF DENTON TWO-YEAR CONTRACT FOR MOWING PROPOSAL K -WATER RECLAMATION (~' ~ J yL_ Date Signature of Authorized Representative PAGE 14 OF BID #3463 Company Name Bidder's Initials d/'~ contact Nete May at (940) 349-8429 for additional information. CITY OF DENTON TWO-YEAR CONTRACT FOR MOWING BID PROPOSAL L -CODE ENFORCEMENT The successful bidder shall furnish labor and equipment to mow high weeds and gra$s on private premises as authorized by a written notice from the Code Enforcement Office. Bids shall be submitted on an "all or none" basis, with the bid to be awarded on all categories to the lowest and the best bid. For bidding purposes, the City of Denton estimates that, in an annual period, there will be approximately 150 contrails in Category I, 75 contracts in Category II, and 10 contracts in Category III. These estimates are for acquainting the bidder with the probafSle volume of work, but do not establish a minimum or maximum of work to be expelled during the bid period. I-A m~cu~ II-A Parcels c to 1 acre III-A ~Parcelsc I-B II-B III-B Mowing of Parcels with Unrestricted Access (i.e, openings to parcel larger than three (3) feet, vacant I DESCRIPTION Bid Amount (Area to be mowed is up to 3' hei ht land up to 10,000 square feet $ ~• / erlot land up to 10,001 square feet I of Parcels with Restricted Access must fit through three (3) foot ooer Tana up to 10,000 square land up to 10,001 square land more than 1 lot (Area to be mowed is up to 3' height) Trash and Debris Removal ~ wn o, ~~ guns removal oaseo on cubic yard calculi IV Denton Solid Waste formula. Houdy rate for special call out request: Houdy rate for tractor and mowers area to be ~r 3' hefek lot lot (Majority of area to be mowed is over 3' height) L_ I Houdy rate for labor and trimmer I$ ~ Dat~ S19n~ ut prized Representative ~ Company Name PAGE 18 OF BID #3463 Bidder's Initials _~ r CITY OF DENTON TWO-YEAR CONTRACT FOR MOWINf, PROPOSAL M -RAIL TRAIL' Class C Mowing The mowing of 7.5 miles of rail trails starting at its northern limits at Ea$t Hickory Street in Denton and extending to its southern limits at Burl Road in Corinth Texas. The width of the trail corridor is approximately 50 feet either side of the centerline of the trail fir a total width of 100 feet wide. The total acreage is 96.96 acres. Over 50% of this area is desigr~atad as no mow areas. The property also has Public Utilities that exist such as water fines, fiber optics lines, and telephone lines. Junction boxes and bleed valves are on site and may not be clearly marked. Rotary mowers will normally be required in all mowing of right of ways. Side mounted or pull behind mowers that extend beyond the width of the tractor are required for mowing slopes, ditches as well as close to trees and fences. Power hand mowers such as weed eaters or push mowers must be used around barricades and property posts, signs, trestles, utility installations etc. Height of cut will be between 3-5 inches. The City will not permit mowing when site conditions such as wet soil or otherweather conditions are such that damage to the right-of-way or trail could occur. Mowing will be delayed each spring to allow wildflower seed to mature, per all terms, conditions and specifications herein. Rail Trails East Hickory, Denton to Burl St., Totals for Cycle and 50% of 96.96 Hourly rate for special call out request: Hourly rate for tractor and mowers Hourly rate for labor and trimmer Number of I Bid/Mowing Date ---~ ~' ~` Signature of Authorized Representative PAGE 19 OF BID #3463 $~~ $ 19•U~ _ /~L.. 6~rw h~ 44. Company Name Bidder's Initials ~1 ~~ ~ CITY OFDENTON TWO-YEAR CONTRACT FOR MOWING 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 underwhich the work is to be pertormed; satisfied himself of the conditions of„delivery, handling and storage of equipment and all other matters that may be incidental to the work, before submitting a bid. The undersigned agrees, if this bid is accepted, to furnish any and all items/services upon which prices are offered, at the price(s) and upon the terms and conditions contained in the Specifications. The period for acceptance of this Bid Proposal will be sixty (60) calendar days unless a different period is noted by the bidder. The undersigned affirms that they are duly authorized to execute this contract, that this bid has not been prepared in collusion with any other Bidder, nor any employee of the City of Denton, and that the contents of this bid have not been communicated to any other bidder or to any employee of the City of Denton prior to the official opening of this bid. Vendor hereby assigns to 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 sea., and which arise under the antitrust laws of the State of Texas, Tex. Bus. & Com. Code, Section 15.01, et sea. The undersigned affirms that they have read and do understand the specifications and any attachments contained in this bid package. NAME AND ADDRESS OF COMPANY: t Srp t?Ee.rct. sr Fi •%anJ 7A' 7G/ii COMFY ~S: Business included in a Corporate Income Tax Return? YES `~ NO Corporation organized & existing under the laws of the State of ~~/.~„oae, Partnership consisting of .GL~ Individual trading as ~/6~• ~~% ~ a/Iw / Principal offices are in the city of fir,,, pyj T,sw.v. -~ PAGE 20 OF BID #3463 AUTHORIZED REPRESENTATIVE: Signature_~~ Date_ 3 . q _ e,.-~_ Name ,c/sc~sz Title _ /12~».r.~1 .nd.,g6c2 Fax No. _~i~ 7 ya osr/ Email. szrAl~fy F~arr~ ~ /u~91' e,., Bidder's Initials 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 certifcates 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 notiftcation that the contract has been accepted, approved, and signed by the City of Denton. AZI insurance policies proposed or obtained in satisfaction of these requirements shall comply with the following general specifcations, 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. • All policies shall be endorsed to read: "SAID POLICY SHALL NOT BE CANCELLED, NONRENEWED OR MATERIALLY CHANGE WITHOUT 30 DAYS ADVANCED WRITTEN NOTICE BEING GIVEN TO THE OWNER (CITY) EXCEPT WHEN THE POLICY IS BEING CANCELLED FOR NONPAYMENT OF PREMIUM IN WHICH CASE 10 DAYS ADVANCE WRITTENNOTICE IS REQUIRED ". Should any of the required insurance be provided under aclaims-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 occur-ence 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, ifso noted.• [X] A. General Liability Insurance: General Liability insurance with combined single limits of not less than $ 500,000 shall be provided and maintained by the Contractor. The policy shall be written on an occurrence basis either in a single policy or in a combination of underlying and umbrella or excess policies. If the Commercial General Liability form (ISO Form CG 0001 current edition) is used: • Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual liability covering this contract and broad form property damage coverage. • Coverage B shall include personal injury. • Coverage C, medical payments, is not required. If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) is used, it shall include at least: Bodily injury and Property Damage Liability for premises, operations, products and completed operations, independent contractors and property damage resulting from explosion, collapse or underground (XCL7) 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 $300,000 either in a single policy or in a combination of basic and umbrella or excess policies. The policy will include bodily injury and property damage liability arising out of the operation, maintenance and use of all automobiles and mobile equipment used in conjunction with this contract. Satisfaction of the above requirement shall be in the form of a policy endorsement for: • any auto, or • all owned, hired and non-owned autos. [X] Workers Compensation Insurance Contractor shall purchase and maintain Worker's Compensation insurance which, in addition to meeting the minimum statutory requirements for issuance of such insurance, has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 policy limit for occupational disease. The City need not be named as an "Additional Insured" but the insurer shall agree to waive all rights of subrogation against the City, its officials, agents, employees and volunteers for any work performed for the City by the Named Insured. For building or construction projects, the Contractor shall comply with the provisions of Attachment 1 in accordance with §406.096 of the Texas Labor Code and rule 28TAC 110.110 of the Texas Worker's Compensation Commission (TWCC). [ ] Owner's and Contractor's Protective Liability Insurance The Contractor shall obtain, pay for and maintain at all times during the prosecution of the work under this contract, an Owner's and Contractor's Protective Liability insurance policy naming the City as insured for property damage and bodily injury which may arise in the prosecution of the work or Contractor's operations under this contract. Coverage shall be on an"occurrence" basis, and the policy shall be issued by the same insurance company that carries the Contractor's liability insurance. Policy limits will be at least 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. ATTACHMENTI [X] Worker's Compensation Coverage for Building or Construction Projects for Governmental Entities A. Definitions: Certificate of coverage ("certificate")-A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC- 81, TWCC-82, TWCC-83, or TWCC-84), showing statutory 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 regazdless 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 fiunishes 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 prof ect. 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 prof ect. F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing 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) a certificate of coverage, prior to the other person beginning work on the project; and (b) anew 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 yeaz 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 pazagraphs (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. 04/12/2006 06:39:18 PM Faxserver FAXSERVER Page 2 d~•"S-==° ::~sS* zit': r ~;: ACORD CERTIFICATE OF LIABILIT ~ ,.; ~ DATE CMM/DD/YYYY) Y INSURANCE ' ` ,' " _.... s~ _ . , A oa/lz/zoo6 S ~ , .,, ... PRODUCeR Aon Risk services, inc. of Illinois THIS CERTIFICATE IS ISSUED AS A n1ATTER OF INFORMATION 200 East Randolph ONLY AND CONFERS NO RIGHTS UPON TIIE CERTIFICATE HOLDER Chicago IL 60601 USA THIS CERTIFICATE DOES NOT AMEND, ERTEND OR ALTER THE COVERAGE AFFORDED BI' THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # PHnxE-(866) 283-7122 FAx-(847 953-5390 msuAE- nasURERA zurich American Ins co 16535 TruGreen Landcare, L. L. c. ( _ wsuRERa National union Fire Ins co of Pittsburgh 19445 P O eox 17167 Memphis rN 38187 u5A \~ wsunERc ~ ~ , yp INSDRERD INSURER E ':COV ~-., ..,,,,. ..~ .dF-'::. ..... .._ ~.. . .qua.", .,.2, n. ~9~xLt. ...$"iT, . T •dtl~ THE POLICIES OF INSURANCE LLSTID BELOW HAVE BEEN ISSUID TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD MDICATED. NOTWITHSTANDING ANY REQUIl2EMENT, TERM OR CONDITION OF ANY CONTRACP OR OTHER DOCUMF3iT \VPl'H RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFT+ORDED BY THE POLICIES DESCRffiED HEREIN LS SU BIECf TO ALL THE TERMS, IXCLUS[ONS AND CONDITIONS OF SUCH POI]CH'S..4GGREGATE LAffPS SHO WN MAY HAVE BEEN REDUCED BY PAID CIAIMS. INSR LTA INS TYPE OF INSURANCE POLICY NUMB POLICY EFFECSIVE YULICY EXYBIA'nUN LAffTS -ATE(AID-ODIYY) DATEATMrDD\S'S7 A r LIASA.rrr GL0293852803 01/01/06 01/01/09 EACH OCCURRENCE 43,000,000 X COMMERCIAL GENERAL LLIBILTY DAMAGETO RENTED 41,000,000 CLAIIdS MADE OCCUR PI(IIe4SE5 ~a occwence) ® (Any one perzon) PERSONALan-v wnmY $3 000 000 , , GENEF.AL AGGRECarE $5 000 000 C,ET'I AGGREGATE LAB'F APPLIES PFA , , , POLICY PRO- ® ~ ~ Lec PRODUCLS-CONS/OP AGG InCludOd FECr A AUTOMOBILE LIA6t.1 1'y~ RAP2938531-0 01/01/06 01/01/09 / CON®II]ED SNGLE LIIAT ANY AUro / (Ea a:cacm) 45,000,000 ALL owNm Avros BODILY nUUAY SCREDULED AUTOS (per perean) Hn2ID AUTOS HODH.Y INTJFY IJON OWNID AUTOS (Ya ucadenp PROPERTY DAMAEE (Per arridem) GARAGE LIABILITY AUTO ONLY - EA ACCmENT A]iY AUTO e oTH~R THAIS Ea acc wzTro Olrt,r AGG B EXCESS N4IDRELLA L-\BHSTY aE4485269 04/01/06 EACH OCCURRENCE ~0':WR ^ CLAAS'MADE AWREGAIE Y5, 000, 000 DEDUCIIBLE B RETENTION A WORKERS COMPENSATION AND / WC 0 ~ X WC 3CATJ- 0TH. F MPLOV2RS'LIARR TIY I/ A05 , ' A . . n!m PF.opxra'oRIPARTNERIExECDnvE Wc293852703 01/01/06 01/01/09 EL.EACx ACCIDE!rr $1,000,000 OFFICER/ME.\ffiER E%CLIIDIDt ~ E L. DISEASE-EA EMPLOYEE $1, 000, 000 Ems, desmbe order SPECIAL PROVLS!ONS EL. DISEASE-POLL_'Y LIMB $1,000,000 Ldow OTIfER DESC'RW110N OF OYERATfONS/LOCA'nONSNE}II^_LES/EXCLUSIONS ADDED EY ENDORSEMENIISF'ECIAL PRO V!S10NS Re: rruGreen Landcare BR p 6058. Bid Jk 3463 -Mowing- Rail Trail Medians, Rldy. grounds and FD. Said policy shall not be cancelled, nonrenewed or materially changed wi htout 30 days advance wrT tten notice being given to the owner (city) except when the policy is being cancelled fo r nonpayment ofi premium in which case 10 days advance w'ri tten Cl ty of Denton Attn: Dody Nays SHOULD ANY OF THEABOVEDESCA@ED POLICIES EE CANCELLED BEFORE THE EXPIRATTON DATE THEREOF THE I 9018 Texas street . SSUING II15UAER Wn.1 ENDEAVOR TO MAb 30 DAYS WRnTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Denton Tx 76201 u5A HUT FAILURE TO DG SO SIiP.LL AffOSE NO GHLIGATIJN OR LIAHIIITY OF ANY RIND UPCN THE INSURER, TIS A'~1ST8 i'A REpRESEVTATIVES. i AUTHOR3.ED RFPFESENTATNE AOIt I~S/C ,93WOyf 6yG O,f-~I()tf ua... r. 9 b3 ...:a ', ., -.... ....~.. A(`dRH C(1RP(1RATlf1N-/0A i •"~~TM°`~ m u, 0 a a e .~0. 9 O .v 0 a n O n C. ti U rsf ~~i r+. P_ 04/18/2006 09:02:00 AM Faxserver FAXSERVER Page 3 Attachment t0 ACORD CertlSCate for rrucreen Landcare, L. L. c. - ' The terms, conditions and provisions noted below aze hereby attached to the captioned certificate as additional description of the coverage afforded by the insurer(sj. This attachment does not contain all tetrns, conditions, coverages or exclusions contained in the policy. mHUxHD TruGreen LandCare~ L.L.C. P o aox 17167 Memphis TN 3$187 USA ADDITIONAL POLICIES If a policy below does n INSURER INSURER INSURER INSURER INSURER of include limit information, refer to the corresponding policy on the ACORD certificate form for Dolrcv lamas. INSH LTA ADDV srsnD rrna oHmsunANCE PoLrcY xumffit POL[CYDHSCAIPfIOM roucY EHHHCrrvE -AiE rroucr Harmnnon DATE LIIrIITS DFSCRIPrION OF OPERATIONS/LOCAIIONS/VEHICLFS/IXCLCS]ONS ADDID BYINDORSElQEN'L/SPECJAL pAJVLS10iI5 notice is required. ci is included as Addi ti on~l lnsur~under Ueneral Liability nMere required by written contract. Certificate No : 5 700174 318 9 3 Bond #285026690 rGerol>v>`~A~c~: 73oNv s'rt\Tr: or raxns ~ COUNTY OP DL•N'fON KNOW ALL MP.N i2Y THESl PRESF:N'IS: That Trru('n'een Landcare~hose address is 2>j0 I?ernes Strcet,__ Fart 1~Vorth Tcxa; 76111 Itcrcinafler called Principal, and LibEft~Mutual Insurance.Company-~---_, a corporation organized and existine under the ]aw: oftire State of MA _, and fully authorized to transact business in the State of Texas, :r; Surety, arc held and firmly bound unto the City of Denton, a municipal corporation organized and existine under the laws of the Sate o exas, hereinafter called Owner, in the penal sum of _fcn 'fhousaud DUI,LARS (~10 000) us ten percent of the stated penal sum as an additiunai sum of money represcnting additional court experrscs, attorneys' fees, and liquidated damages arising out of or connected with the below identified Contract, in lawful money of the United States, to be paid in Denton County, 'texas, for the payment of which sum tvell and nuly to be made, we hereby broil ourselves, our heirs, executors, adminishators, successors, and assign;, jointly and severally, firmly by these presents. Phis Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement, which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement, which reduces the Contr;ret price. decrease the penal sum of this Bond. T1iL OI3LIGATIO~I TO PAY SAb1F, is conditioned as follows: Whereas, the Principal entered into a ec~rtain Contract, identified by Ordinance Numb 006-092, with the City of Denton, tl:c Owner, dated the _GUl _day of Aril ;\ T). 2006 a copy of which is her ~ n attached and made a part hereof, for laid tt3463 - "two-Yeat.Conh;lct for Mowine NO\V, TF[F.ELLFOR,Ii, if the Principal shall well, truly and faithfully perform and fulfill all of the ut;dertakings, covenants, terms, conditions and agreements of said Contract in accordance with the Pl:urs, Specifications and Contract Documents during O,e original term thereof and any extensior, thereof which may be granted by the Owmcr, with or without notice to the Surely, and staring the hfe of any guaranty or warr:u,ty required under th15 Contract, and shall also well ;rnd tntly perform anti fiiliil] all the undertnkirgs, covenants, tcros, conditions and agrccmerts of any mul all duly authorised tnodifica:ions of said Contract that Wray hereafter be made, notice of which rnndificatiors to the Surety being hereby waicai; and, if the Principal shall repair antUor replace all defects due to faulty materials and workmanship that appear within a period of one (1) year from the date of final completion anil final acceptatrce of the \'1'ork by the Owner; and, if the Principal shall fully indemnify and save harmless the Owner Iron all costs and damages which Owner may suffer by reason o f failure to so perform herein and shall fully reimburse and repay Owner all outlay and expen_e which the Owner may incur in making good any default or deficiency, then this obligation shall be void; otherwise, it shall remain in P~II force a,td effect. P]3 - 1 PROVIDED T=TJR"fI1L•R, that if:ury Icgal action be filed upon this Boud, exclusive venue shall lie in llcntun County, State of Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no chance, extension of time, alteration or addition to the teens of the Contract, or to the Work to be performed dtemunder, or to the Plans, SpcciScations, T)rawings, etc., accompanying the saint, shall in anywise affect it, obligatirnt on this Bond, and it does herby waive notice of any such chsnge, extension of time, •alteration or addition to the teens of the Contract, or to the Work to be performed tlten.nnder, or to the Ylans, Specifications, Drrwin~s, etc. "1"his Bond is given pursuant to the provisions of Chapter 2253 of the Texas Govcrnmeut Code, as amended, and any other applicable statutes of the Staic of"texas. The undersigned and designated agent is hereby designated by the Surety herein as the Itesidenl Agent in Benton County to whom any requisite notices may be delivered turd on whom setvico of process may be Fiad in mallets arising out of such suretyship, as provided by Article 7.1 J- t of the insut'znce Code, Vetnnn's Annotatzd Civil Statutes of lhz State of Texas. lh WI'I-NESS WfIEREOp, this in trumzttt is executed in 2__~opics, each one of which shall be dccmeri an original, this the _4th day of aTr7 _, 2006 //. AT'1 L•ST: ~., rn. 13Y: _ - ~-- STiCRP.TAItY ~>,rrFST: BY~Iti~.±.t~~1%%~~~ PRTTv'CII'AT. Trugreen Landcare L.L.C. BY: T'12L'S1DF,N1' ~• STJRT~Tl' _LibertY Mutual Insurance Company Al"I'ORNLY-TN-1'AC Heather J. Meneghetti The Resident Agent of the Surety in T)enton County, 'Texas for delivery of notice and servicz of the proccs is: NA,bfL: Liberty Mutual Insurance Company S"I RLET AnDRESS: _ 12750 Merit Drive Suite 710 Dallas, TX 75251 (NOT};: llate oC l'erfotmnnce Dnnd Hats[ be date of Centract. If P.esident At;cut is not a corporation, ~tve a rcrson'; naive.) PB-~ ~~e~ 5~ DESIGNATION OF REPRESENTATION I, Lawrence L. Mariano, III, Vice President of TruGreen LandCaze L.L.C., ("Company"), do hereby authorize and direct Gregory D. Hoff, Director, Risk Management Finance & Operations, or Karen M. Crawford, Senior Risk Analyst, 860 Ridge Lake Boulevard, Memphis,'1'emressee 38120, to represent the Company to execute any and all bonds on behalf of the Company with full authority to execute the bond documents under the terms he or she deems advisable. TRUGREEN LANDC .L.C. By: ~~ Lawrence L. Mar , ,III Vice President Dated: ~- ~ ~ ~~ DESIGNATION OF REPRESENTATION I, Robert C. von Grubcn, Secretary of TruGrccn LandCarc L.L.C., ("Company"), do hereby authorize and direct Gregory D. Hoff, Director, Risk Management Finance & Operations, or Karen M. Crawford, Senior Risk Analyst, 860 Ridge fake Boulevard, Memphis, Tennessee 38120, to represent the Company to execute any and all bonds on behalf of the Company with full authority to execute the bond documents under the teens he or she deems advisable. TRUGR~EENLANDCARE L.L.C. By: C~ Wti Robcrt C. von Grube ,Secretary Datcd: 5~ 3-D S THIS'POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ONRED BACKGROUND. - 1 83 / 264 " ' This Power ofAttordey limits theacts: of those named herein,-and they have noauthoriryao bindYhe Company except in the manner and to the extent herein stated.: - ~ ~ - LIBERTYMUTUAL INSURANCE COMPANY - ~ _ BOSTON, MASSACHUSETTS - ~- - - - POWER OF ATTORNEY" KNOW ALL.. PERSONS BY THESE PRESENTS: That Liberty. Mutual Insurance Cpmpan he 'Company"), ~a Massachusetts stock insurance company,.pursuant to-andby authority of the By-law arid:AUthorization hereinafter set forth, does hereby name, constitute and appoint KAREN M. CRAWFORD, DANIEL T. MORRIS, NORMA CRONIN, CRISLA PETRO- " Y, DIANE L: HENSLEY, ALL OF THE CfTY OF MEMPHIS, STATE OF TENNESSEE AND HEATHER J. MENEGHETTI, REGORY D: HOFF, ALL OF THE CITY OF DOWNERS GROVE, STATEOFILLINOIS... each individually ifthere be more than one named, its true-andlawful attorhey in tact tomake execute, seal, acknowledge and deliver, for and on.its behalf as suretyry and asits act and-deed anX and all u ertakirigs, bonds, redognzances:and othersurery obligations i e penaPSUm not exceeding ONE MILLION AND 00/100 ••• '. DOLLARS ($ 1;000,000.00 ••••'y )each, and the execution of such undertakings, bonds,~recognizances and other surety obligations, iri`pursuance'pf these presents,-shall beas binding upon the Company as ifthey had been duly sigriedby.the president and attested by thesecretary:~of.the Compariyin their owri,proper persons. - That thispower.ismadeand executed pursuant to and by authoritybf the following By-law and Authorization ARTICLE XII6-Execution of Contracts: Section 5. Surety BOnds andUndertakings. Any officer of~the Company authorized for that purpose'in writing by. tfie'chairman or the president, and subject tosuch limitations as the chairman or the president may prescribe, shalt appoint such attorneys-in-fact, as:may be necessary to act in behalf of: the`Company to make, execute, seal;, ackndwledgeahd, deliver as surety any'and all undertakings, .bonds,. recognizances and other surety obligations. Such attorneys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power tp bind the Company by their - - signature and execution df any such instruments andto attach thereto theaeal of the Company: -When so executed such instruments shall be ;asbindingas iPSigned by tfiepresident and attested by the secretary. By;the following,instrument the chairman or the presiilenthas authorized the officer orother officialnamed therein toappoint attorneys-in-fact Pursuant to Article XIII, Section5 of the By-Laws, Garnet W. Elliott,~ASSisiant Secretary of Liberty Mutual InsuranceCompany, is hereby - authorized toappoint such attorneys-in-fact as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and . .deliver assurety any and all undertakings,: bonds,. recognizances and other surety obligations. That the By-law and4he Authorization set foM above are true copies thereof and are nowin full force and effect. WITNESS WHEREOF, this Power of Attorney has'been subscribed by an authorized officer~or official of the Company andthe corporate seal of ertyMutuat lnsuranceCompanyhas been affixed thereto in Plymouth Meeting, Pennsylvania this 27th day of ~ October 9005 LIBERTY MUTUALiNSURANCE COMPANY ~ 3 COMMONWEALTH OF PENNSYLVANIA COUNTY OF MONTGOMERY Garnet W. Elliott, Assistant Secretary ~ y Onfhis.27th tlay of October' 2005 ,before me, a Notary.PUblic, personally came Garnet W Elliott,. tome known, and acknowledged that he is ad Assistant Secretary of Ciberty.Mutual Insurance Company; that he knows the seal'of: said corporation; and that he executedahe above Power of Attorney and affixed thecorporate seal of Liberty Mutual Insurance Company thereto with.the authorityandat the.directionof said corporation. ./'~"-~. I, the undersigned,. Assistan't~Secretary is a full, true and correct copy, is idful - -said power of attorney is an Assistari4. . .XIII, Section5 of the By-laws of Liberty i,ompany. affixed my not@rialseal at F aNSYLYANIA v ~~ Rv 1.~ Pennsylvania, on the day and year wePdf attorney of which the foregoing he-dfficer or-official whoexecutedfhe ~ttdrneys-in-fact as provided in Article "This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and heldon the 12th day of Mamh, 1980. VOTED that the facsimile or mechanically reproduced signature of any assistant. secretary of the company, wherever appearing. upon a certifiedcdpy of any power of attorney issued by the company in connection with surety bonds, shall bevalid and binding upon the company with the same forceand effect as though manually affixed. IN T TIMO WHEREOF, Vf1 hereunto subscribed my name and affixed thecorpoiate seatof thesaidco p~this ~ day of ,~t/ ~~g By r , G.r ~• t/ Dayi M. Carey, Assigt nt Secretary ,~ £ N w ~ C 00 V '- 10 Fr State of Illinois County of DuPage On this y'~ day of ""7v ~ D( ,before me personally appeared Heather J. Meneghetti, known to me to be the Attorney-in-fact of LIBERTY MUTUAL INSURANCE COMPANY, the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in the aforesaid county, the day and year in this certificate first above written. OFFICIAL SEAL a... ~. MELISSA M. GRAY (Notary Public) Notary Public -State of Illinois t~1y Commission Expires Nov, 29, 2009 PAYiti1)N'I' RONI) STATIi Ol' TPXAS $ Bond #285026690 COUNTY OP DEN'fON § 1;1vOW ALT, MEN BY THESE PR}1SENTS: That '1'tgCireen Iandcare / whose address is 2550 Herncr Street Fort ~Vorth.'1'exas 76111 ~ _ hereinafter called Priucipal, and ihPny Mninat Incnranr-P Cn~nany corporation orgauized and existing ender the laws of the Stale of MA ,and fully authorized to transact business in the State of Texas, as Surety, arr held and finely bound unto the City of Donlon, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, and unto all persons, firms, and corporatiots who may furttisit materials for, or perform tabor upon, the building nr in Movements hcrcinaftcr referred to, in the penal sum of Ten Thousand DOLLARS (510000_00) i unvful money of the United States, to be paid in Denton, Cntmty, Texas, Im th;: payment of which stmt well and truly to be made, we ltcrcby bind onrsclves, our heirs, executors, administrators, successors, and assigns, jointly and severally, frn,ly by these presents. This Bond shall automatically be increased by the amo:mt of arty Change Order or Supp'.emeuta] Agrecntant which increases the Contract price, but in no event shall a Change Order ar Supplemental .4greemeut which reduces ttte Contract price decrease the penal sum of this Bond. 1'fIE OBLIGt\1TON 'I'0 PAY SAMIi is conditioned as foaows; Whereas, the k'rincipal entcmd into a certain Contract. identified by Ordinance Number ~0 -092, wilt the City of Denton, the Owner, dated the 4th _ day of Anril A.D. 2000 _, a copy of whicl s hereto attached tmd made a part },ercof, for Bid #3463 -Two-Year Contract for .tifowinc NOW, TFffiklPORF., if the Principal shall well, trtay and faith Cully perform its dude, and male prontpt payrnent to all persons, firms, subcontractors, corporations and claimants supplyiue labor_;tnd/or material in the prosecution of the Wor]< provided for it; said Contract and any and all duty authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby expressly waived, titcn this obligation shall he void; otherwise it shall remain in fell force and of ect- PROVTI)ED Fli RTHER, that if any legal action be tiled on this Bond, CXCI ISIVC Vr;1llC SI1dIl lie in Denton County, Texas. AND PROVIllLD FliIL'THFR, that fire said Surety, for value received, hereby stipulates and agrcas that no change, extcnsimt of time, alteration or addition to the terms of the Contract, or to the Wort: to be perforated thereunder, or to the Plans, Specifications, Drawings, etc., accompanying the same, sitall in anywise affect its obiigation on this Bond, and it does hereby waive notice of any such chance, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc. PB-3 IZtis Bond is given pursuant to the provisions of C,'hoptor 2253 of the Texas Gove-tmcnt C'edc, tts amended, and any other applicable statutes of the State of Texas, The undersi},ntcd and dcsicnated agrnl is hereby drsignated by the Surety herein as the lLcsident Agent in Denton County to whom any requisite notices may he delivered and on whom service of process maybe }tad in mailers arisine out of such Surety, as provided by Artic)e 7.19-1 oC the Insurance Code, Venton's Annotated Civil Statute, of the State of"1'exas- lip W1TNF.SS \VIlEREOF, this iustrununt is executed in 2 copies, each one of which shall be deemed an original, this Ihc_q~ day of_April _, 2006/ _ A't`C1:ST: Ko,~,., rn. •w SLCREI'ARY .\T'CCST: }'RINCIPAI. green Landcare L.L~C. ,~p~` / IIY: Q~~~"~~" `AC]X V PRL•'SiDLi'~IT SLZ2I;TY Ljpertv MM~utual Insurance Company A"1'TORNEY-TN-FACT Heather J. Meneghetti The Resident Agent oC tL-e Surety in Denton County, Texas for de!icery of no;ice and service of the process is: NAME: I Insurance Company S FREE"I' ADi)RLSS: _ 12750 Merit Drive Suite 710 Dallas, TX 75251 (NOTE,: Du[e ojPnyn,ent Uonr! Hues[ he dnte of Con[rncL IjReside-[u Agen[ i.r na n capornrim+, dive n person's nan;z.) PC3-4 WITNESS my hand, at office, this 20th day oFApril, 2006.. ~e~" c NOTARY • ~, ~ ~w Notary Pnbtic o tARO~ e My Commission Expires: MY GOMMISSION EXPIRES JAN. 29, 2008 s''°F~~y°~~ DESIGNATION OF REPRESENTATION 1, Lawrence L. Mariano, Ill, Vice President of TruGreen LandCare L.L.C., ("Company"), do hereby au0iorize and direct Gregory D. Hoff, Director, Risk Management Finance & Operations, or Karen M. Crawford, Senior Risk Analyst, 860 Ridge Lake-Boulevard, Memphis, "Tennessee 38120, to represent the Company to execute any and all bonds on behalf of the Company with full authority to execute the bond documents under the terms he or she deems advisable. TRUGREEN LANDC .L.C. By: ~ ~-~ Lawrence L. Mar ,III Vice President Dated: ~ ~- ~ ~~ DESIGNATION OF REPRESENTATION I, Robert C. von Gruben, Secretary of TruGreen LandCare L.L.C., ("Company"), do hereby authorize and direct Gregory D. Hoff, Director, Risk Management Finance & Operations, or Karen M. Crawford, Senior Risk Analyst, 860 Ridge Lake Boulevard, Memphis, Tennessee 38120, to represent the Company to execute any and all bonds on behalf of the Company with full authority to execute the bond documents under the terms he or she deems advisable. TRUGREEN LANDCARE L.L.C. By: _~tti71ti Robert C. von Grubc~ ,Secretary Dated: 5" 3-~S R ,.-~ ,THIS ~OWER-0F ATTORNEYIS NOT VALIDUNCESS IT IS PRINTED-0N REDBACKGROUND. - ~ `-~~~~~ .This PoweFOf-Attorney limits theaots ~ofthose named herein; and theyhave no authority to tiindahe,Cpmpany except in.the mahner.and to . the extentherein stated: ~ ~ ~ ~ ~ - LIBERTY MUTUAL INSURANCE COMPANY BOSTON, MASSACHUSETTS . ~~ - ~ ~ -POWER OFATTORNEX --. KNOW ALL. PERSONS BY THESE PRESENTS That Liberty Mutual Inswance~ Company the "Company"), a Massachusetts stock insurance company, pursuanLtoandby authodTy of the By-law.and Authorization Hereinafter set forth(doesherebyname, constituteantl appoint KAREN M. CRAWFORD, DANIEL T. MORRIS, NORMA CRONIN, CRISLA PETRO- Y, DIANE L. HENSLEY, ALL OF THE CITY OF MEMPHIS, STATEOFTENNESSEE AND HEATHER J. MENEGHETTI REGORY D:`HOFF, ALL OF THE CITY OF DOWNERS GROVE, STATE:OF ILLINOIS... , eachindividually if there be mord4han one named, its 4r ` behalf as surety and as;its act anddeed, any and all de execution of .such undertakings; Company as ifthey had been dul That lhispower is madeandexei s c a d ,:r O C rid lawful attorney m fact to: make execute, seal, acknowledge and deliver, for and on its ;trigs, bonds, recognizancesand other~surery obli~gatio~s-m the penal sum not exceeding ~~`-~ DOLLARS ($ .1' 000,000.00 :9- ~_:_ )each, and the ttFier surety obligations; in-pursuance;of these presents,-..shall be as binding upon the attested bythesecretaryofahe Company in their own:proper persons. .ARTICLE XIII ~- Execution of Contracts: Section 5. Surety Bonds and Undertakings. ~ ~ ~-~~ Any officer of the Company authorized for that purpose in writing by the chairman or the, president, and subject to such limitations as the chairman or the president may prescribe, shall appoint.such attorneys-in-fact, asmay tie necessary toad irt. behalf of the Companytp make, execute, seal, acknowledge and deliver:as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact,. subject to thelimitatons set-fortes in their respective powers ofattorney, shall hav% full power to bind the Company by their signature and execution of any sucfrinstrumi;nts and to attach theretothe seal ofthe Company. When soexecuted such instruments shall be - as binding as if signed by thepresident and attested bylhe secretary. - , By thetollowing instrument the chairman or the presirlenthas authorized the'officer or other official named therein to appoint attorneys-in-fact: Pursuant to Article XIII, Section 5 of the-By-Laws, Garnet W. Elliott, Assistant Secretaryof Liberty Mutual Insurance Company, is hereby authorized to appoint such attorneys-in-fact as may benecessary to act io behalf of the Company to make, execute, seal, adknowledge and deliver assuretyany andall undertakings, bonds; recognizances and other surety obligations. That~theBy-lawand the Authorization set forth above are true copies thereof and are now in full force and effect. IN WITNESS WHEREOF, this Power of Attorney has been subscribed byan authorized officeror official of4he Company and thecorporate seal of tiberryMutual Insurance Companyhas been affixed thereto in Plymouth Meeting, Pennsylvania this 27th dayof October 2005 - LIBERTY MUTUALINSURANCECOMPANY ~ al ~~ ~ / O '` : Garnet W. Elliott, Assistant.Secretary in COMMONWEALTHOF PENNSYLVANIA ss L COUNTY OF MONTGOMERY c 'C ~: Ornthis 27th day of ~ October 2005 ,before me,. a.Notary Public, personally came Garnet W. Elliott, to me known; and acknowledged ~ z' O C that he is an Assistant Secretary of Liberty Mutual Insurance Com an thaYhe knows. the seat of said corporation; and that he executed theabove ~ t P Y. ~. Power of Attorney and affixed the coporate seal. of Liberty Mytoal lnsurance Company thereto with the authority and at thedirec(ion of saidcorporation. io "" ` IN TESTIMONY WH P " ~ ~ y o v >, rE1~ Vd.t~e unto subscribed my name and affixed my notarial-seal at Plymouth Meeting, Pennsylvania, oothe day and year t a • V first above written. 4. ~t)NW { - ~ - -'- f, w r i ~~ V~ ~-; ~~= Y ~ -~~t,OMMQNWt:AL~T~~OF~PENNSYLVANiA. ,~ /, ~ . ~ ~ N 2 cot OF - ~_. ,7er~aPha~a Npary FUx7c~ : -.~. By .t~~-' ~.d `c m " t1iTvp.. Mn~rrtaiYCatrty - am`t' eMCZrmv:eixi EzFir~MOr.2a. cos ;. -Ter sa Pastella,NOtary Public ~ 4eeMer. PaemaN•+ania Aa9oeiatWnd NOfarlee - F ~ CERTIFICATE ~L~ „py~ _ I; the undersigned, Assistan ecretary of:Liberty Mutual Insura_ rice is a full, true and correct co - ~ _ ~~ _ : py,,is in _fultforce and effect ohthe :date said power of attorney is an AssistanYSdcretaryspecially authorise XIII, Section 5 of the By-laws of Liberty.MUtual Insurance Comoanv: attorney of which the foregoing L :er or official who executed the ys-in-facYas providedin Article This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and,by authority of the following vote of. the boardof directors of Liberty Mutual Insurance Company at ameeting duly called,and held on the 12th day of March, 1980. VOTED that the facsimile or mechanically reproduced signature of any assistant sedretaryof the company, wherever appearing upona certified copy of any power of attorney issued by the company in connection with surety bonds, shall be v d and binding upon the company with the same force and effect as though manually affixed. IN~TFF7~~4`¢I^MKO-NY~y/yHEREOF, a e here o subscribed my name and affixed the corporate seal of the said company, this ~ day of / -~~ // ~~•- DavidM. Carey; Ass'yst ~ t Secret ~~ •. Ir .• • ~. ~. State of Illinois County of DuPage On this ~~ day of O~O ,before me personally appeared Heather J. Meneghetti, known to me to be the Attorney-in-fact of LIBERTY MUTUAL INSURANCE COMPANY, the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in the aforesaid county, the day and year in this certificate first above written. OFFICIAL SEAL c~ /r(. MELISSA M. GRAY (Notary Public) Notary Public -State of Illinois My Commission Expires Nov. 29, 2009 °~• CONTRACT AGREEMENT STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT, made and entered into this 4`h day of Aril A.D., 2006, by and between City of Denton of the County of Denton and State of Texas, acting through Howard Martin thereunto duly authorized so to do, hereinafter termed "OWNER," and Dencross Landscape Maintenance 1900 Northlake Trail Denton Texas 76201 n --pp of the City of ~Q~~ , County of ~m~~ and State of Texas ,hereinafter termed "CONTRACTOR." WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by OWNER, and under the conditions expressed in thebonds attached hereto, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified below: Bid #3463 -Two-Year Contract for Mowing in the amount of (Uer Exhibit Al and all extra work in connection therewith, under the terms as stated in the General Conditions of the agreement; and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the work specified above, in accordance with the conditions and prices stated in the Proposal and the Performance and Payment Bonds, attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), and Instructions to Bidders, as referenced herein and on file in the office of the Purchasing Agent, and in accordance with all local, state and federal laws; and plans, which includes all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by: City of Denton Parks and Recreation Department all of which are referenced herein and made a part hereof and collectively evidence and constitute the entire contract. CA-1 w Independent Status It is mutually understood and agreed by and between City and Contractor that Contractor is an independent contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas, for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, worker's compensation, or any other City employee benefit. City shall not have supervision and control of Contractor or any employee of Contractor, and it is expressly understood that Contractor shall perform the services hereunder according to the attached specifications at the general direction of the City Manager of the City of Denton, Texas, or his designee under this agreement. Indemnification Contractor covenants and agrees to and does hereby indemnify, hold harmless and defend, at its own expense, Owner, its officers, servants and employees, from and against any and all claims or suits for property loss or damage and/or personal injury, including death, to any and all persons, of whatsoever kind or character, whether real or asserted, arising out of the Work and services to be performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or invitees, whether or not caused, in whole or in part, by the alleged negligence of the officers, servants, employees, of the Owner. Contractor likewise covenants and agrees to, and does hereby, indemnify and hold harmless Owner during the performance of any of the terms and conditions of this Contract, whether arising out of in whole or in part, any and all alleged acts or omissions of officers, servants, or employees of Owner. The provisions of this paragraph aze solely for the benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other person or entity. Choice of Law and Venue This agreement shall be governed by the law of the State of Texas and venue for its construction and enforcement shall lie in the courts of Denton County, Texas. The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in written notice to commence work and complete all work within the time stated in the Proposal, subject to such extensions of time as are provided by the General and Special Conditions. The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the Contract. CA-2 IN WITNESS WHEREOF, the parties of these presents have executed this year and day first above written. ATTEST: -`~~~~ agreement in the ~~J" City of Denton OWNER BY: (SEAL) ATTEST: S! !BSCRIBED AND SV~RN BEFORE Plies TFjtS ~ DAY OF(1~ 20 ~6 ~ ~~. NOTAnY JBLIC D~GR-D9%' LA~SCA~C'~ /'^,A"1-^~~~AdlJc CONTRACTOR L`1©d ~v D,2r11LA?~k 7nA~L D~TA,;J TX 762 m 1 MAILING ADDRESS (~r~ 3zm-2~3~ shmR PHONE NUMBER (~v~~ sus- o ~ ~3 ~/ FAX NUMBER p_ ~`~ ~T. TITLE ~i~fffZ.fY Q, /~/~//"I/a PRINTED NAME (SEAL) CA-3 CITY ATTORNEY BID #3463 Exhibit A DATE: 3/9106 TWO-YEAR CONTRACT FOR MOWING No. DESCRIPTION VENDOR Dencross Landscape Maintenance Principle Place of Business: Denton, TX PROPOSALS -ANNUAL BID PRICE A MEDIANS CLASS A B CITY PARKS CLASS A C LIBRARIES CLASS A D CITY PARKS CLASS B E CITY MEDIANS CLASS B NORTH F CITY MEDIANS CLASS B SOUTH G FIRE STATIONS CLASS A 8 B inclutling Bed Main[ H CEMETERIES I SOLID WASTFJLANDFILL CLASS A, B & C J ELECTRICAL SUBSTATIONS CLASS B $8,900.00 K WATER RECLAMATION CLASS A & C $18,465.00 L CODE ENFORCEMENT -SEE NEXT PAGE M RAIL TRAIL GENERAL MOWING SERVICE AS NEEDED BY THE CITY • PRICE PER ACRE PER CYCLE CLASS A $30.00 CLASS B $30.00 CLASS C $40.00 CLASS D $40.00 'Per acre per cycle price will be prorated for smaller parcels as determined by the City BID #3463 EXhibif A DATE: 3/9/06 TNO-YEAR CONTRACT FOR MOWING No. DESCRIPTION VENDOR Dencross Landscape Maintenance Principle Place of Business: Denton, TX PROPOSAL L-CODE ENFORCEMENT MOWING OF PARCELS WITH UNRESTRICTED ACCESS I A Parcels of land up to 10,000 square feet (up to 3'/over 3') II A Parcels of land 10, 001 square feet to 1 acre (up to 3'/over 3') III-A Parcels of land more than 1 acre (up to 3'/over 3') MOWING OF PARCELS WITH RESTRICTED ACCESS I B Parcels of land up to 10,000 square feet (up to 3'/over 3') II-B Parcels of land 10,001 square feet to 1 acre (up to 3'/over 3') III-B Parcels of land more than 1 acre (up to 3'/over 3') TRASH AND DEBRIS REMOVAL IV Trash & Debris removal based on cubic yartl calculated by the COD Solid Waste formula Hourly Rate for Special Call Request Hourly rate for tractors 8 mowers Houdy rate for labor & trimmer PERFORMANCE BOND STATE OF TEXAS counn r o~ D»oN IWOW ALL MEN BY THESE PRESENT'S: That Dencross I.andscava MnirRmance whose address is 1900 Nottl~]ake Trail Denton:. Texas .76201 bereinaRer called principal, and D1=VFLnO~,PS ~~ocf,i.~1;s-,~cirlui7/~.~/ a eomoraeon organized and existing under the Laws of the State of and firlly authorized to transact busineus in the State of Texas, as Surety, are held and famly bound Hato the City of Denton, a municipal corporation organized and rxistin6 under the laws of the State 'Texas, herelnat3ra called tawprr, is the penal sum of Ten Thousand lx)LLA1;tS 10000 lus ;fen -percent of the stated penal sum as an additional s~ of money representing additional cotuf expenses, attorneys' fees, and liquidated damages arising out of or connected with the below: identified Conhvct, in lawful marey of the United States, to be paid in Denton County, Texas,-.for the payment of which sutlt well and truly to be made, we hereby bind otasetves, our hews, executors;. administrators, snceessors, and assigps, jointly and severally, firmly by these patsents- This-Bond shall automatically be increased by the amount of anY Change Ch'der or Supplernwtal Agreemart which inareaees the Contras pTicq but in no event shall a Change Order or Supplemental:Agreement, which reducxs the Contract price, decrease the petrel sum of this Bond TFIE OBLIGATION TO pAY SAME is conditioned as follows: Whereas, the Principal entered inW a certain Contract, identified by Ordinance Nutinb~ 2006.092- with the City of Denton, the Owner, dated the 4 day of _ Antil qD. ZOOti ,ry copy of which is hgato attached and made a part hrreai, for Bid #3A63 -'I\vo-Year Con>act for Mowine / NOW, THEREFORP„ if the Princripal shall well, truly and faithfally perform and fulfill ell of the undertakings, covenants, teems, conditions and ag~eexireuts of said Contract in accordance with the plans, Specifications and Contract Docuiuents:during the original term thexeof and any extension thereof which may be granted by the Owner, with ox without twtice to the Barely, arai during the kite of any guaranty or warranty requited'emd~ this Contract, and shall also welt and truly perform and fulfilll all the undertakings, covenatits,:tetms, conditions and agrarneats of soy and all duly authorized modifications of said Corttract'that may hereafter ba made, notice of which modifications to the Surety being hereby waived; and, if the Principal shall repair and/or replacx all detects due to faulty materials and woxlgnanship that appear within a period of one (1) year from the date of faaal eotnpletion and finale acceptance of the block by the pwney and, if the Principal shall fatly indemnify and save harmless the Owner from all costs and datsages wtvch Owner may Suffer by reason of failure to so perfomn hetein and shall fully reimburse and repay Owner all aoday and expense wluch the Owner may incur is making; good say defauh err deficiency, then this obligation shall be void; otherwise, it shall r+envrin in full force and effect. PB-1 ~'d e~e~Fn on a~ ~dN PItOV1DLD FUIZTFIBR, that i( any legal action be filed upon rhis Bond, exclusive venue shall lie in Reston County, State of Texas. AZ`ID PROVIDER FURTI~ that the said Surety, far value 1CCdved, hereby 5[lpulates 2nd ~~ that no change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thet~enoder, or to the Plans,. Speafications, Dravvntgs, etc., accompanying the same, shall is anywise affect its obligation on this BarRl, and it does hereby waive notice of any such change, extensioa of time, alteration ar addition to the temts of the Contract, or to the Work to be performed tlsereeuetter, or to toe Plus, Specifications; Dxawings, dc. This Bond is given gutauant to the provisions of Chaplter 2.253 of the Texas Government Code, as amended, and any other applicable statutes 6fthe State ofTexas. Tha u~~l~d and designated agent is hereby designated by the Surety herein as the Residern Age im Dtaton County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of atah sureryslrip, as provided by Article 7.14- 1 of the Insurance Code, Vemon's Annotated Civil"Statutes of the State of Texas. IN~ WITNESS WFIZ•~RP.OP. this uutruxnmt is execuiod is evPi~ eeth ane of wlrieh shall be deemed ao erigiaal, this flee day of /~(, ~ , /. ATTEST: SY: SFCRBTA].tY , ,w;,w~•,, JU,GPaITA MORENO ATTEST' ~ ?,; Notary Puhlie, State of Texas ~~ ~.. n.... ~,',~ My Commission l!~~ .Y:~i~~~%t"').f/Bx0.DDn 19, 2006 PRESIDENT ,~D ~ ~ , BY: L~G~-Cac.t~ RNBY-W-FACT The Resident Agent of the Snrery in Renton t.",ounty, Texas for delivery of notice and seaviee of cLe process is: NAIvIE: I~/2~i N/lit ~., sTltF.i= r Av~aR~ss: IINOTE: DaOe person's ntune. q'd i.un~~r.~~t3~o~~.rJT~ /x76ao g of Contract. if Resident Agent is nor a eorcporation, eve a / " 5_IBSCRI6ED ANDS N BEFORE PiiE PB - 2 I IS 1~! DAY OF ~ 20t9~ ~ A~~~~I° eZb:60 90 8l adtl /' PAYMENT BOND STATE OF TEXAS COUNTY OF DENTON § That Denconss Y fl, ' - - -- n~~ KNOW ALL Nff3N BY TF]ESB PIiESFsNfS_ whose address is _ 1900 NortLlake Trai] Dentaa. axes 7b1.01 - on hereinaftiar called Principal, gird pF~S~u2~6TV-~NOFMU. ~~'aa ~ dto organized and 8 undex the laws Of the State of ~ n i . ~ c n.3 ri ~ a and fully transact business itm the State of Texas, as Surety, are held and ~lY bout rmRo the CYty of Denton, a rrtnnippal corporation organized and .existing-udder the laws of the State of Texas, hereinafter called Owner, and nato 811 persons, fitrty, and corporatiaats who may fumivh materials for. or perform labor upon, the biuldiagor vemeats hereinafter rcfeaed to, in the iT~ s~ of Tar Thousand DOLLARS ($ 0 0 'Irt lawful mosey of the 17niked States, to be Paid in Denton, Cp~.y. Texas, far the payment of which sum well mad truly. w be made, we hereby hied ourselves, our heirs, executors, admm]stxa0ora, successors, and as~gns. jointly and severaIly, firmly by these presents, This Board sha]I anopmatically he increased by the amount of say Chatrge Ordx or gnpplemeatnl A~eement v/pteh nuseases tfoe t.ooCract Pr+ce. but in no event shall a Cbangp Order or Sapplemeatal Agreen~ which ~~ the Contract. price decrease the penal suss of this Bond- THE OBLIGATION TO PAY SAME is oondi8oaiod es follows: .~ Benton, entered i~o a certain Contract, identified by lJrdinance Number 20TH-0`J3 A;)), 06 , a Dopy of wlu' ay-is b~to attached the Oamer, dated the 4th day of it r ~/ and made a part hereof, for id 3 -Two- N'Ow, T~RP.FORE, ~ ~ principal stroll well, tsaly and faidrfully p~'orn- its duties sad make prompt payment to aU p~»s, lrmns, subeontractors, corporations and claimants S+rPP~ aU labor aadlor m&traial in the prosecution of the Wort provided for is said Conttact ~ ~Y duly authorized modifications of said Contract mat may hereaRa be mods notice of which modifications to the Surety being hereby expressly wsival, tlren this obligation shall be void; otherwise it shall s'ema°a ib full f°~ and effect. PROVIDED FURTHS~ that if say legal action be filed an this Goad. ®ccluarve venue shall. lie inDcaton ~unty,'fexas- AND l'ROVIDBD FURT`FIBR, that the said Surety, for value roceived, hereby st-pnlata the agrees that no ChaaBe, eatEnsion of time. alteration or ~~ ~~ terms of the accorapauyin$ the Dravving6, ~•• Wosic to be perfiormed thereunder, or bo the Ploaas~ p~ ~ sad it does hereby waive notice of any same, shall to anywrse affect its obligati such change, extension of time, alteration or addition to the tames o~the Contract, or to the Work o be performed tbet~d~. or tin tb;e Plans, SpecifiCaritms ~~~' i'B-3 _ ~ eEp;60 90 8L adV This Bond is given pursuant to the pmdsions of Chapter 2253 of the Texas Goveanment Code, as amended, and apy other applicable statutes of the Stale of Texas. The undersigned and designated ~ is hereby designated by the Surety he[CiIl as the Resident Agent m Denton County to a+hom any retndsite notices may ix delivered and on wltom service of process may be had iu matters arising out of such raurty, as provided by ArSclc 7.19-1 of the Insura>1Ce Code, Vernon's Annotated Civi(gtatotes o£the State ofTeXas. Frl' ASS ~Fi&R1EOF, this instrument is executed is ~es, each one of which shalt be dee~aed an original, this the rff day of~PR r [, 7no ". ATTEST: ,.,...___~---_ BX: SECRETARY .•~~~`~-. JUANITA MORENO ~' ~ • ~ ' 6_ i Notary public, State of Texas ' .=` ATTEST: `;~;E~:d Mycommisslon , , ~~ pxp. Dee. 19, 2006 By: BY• . R PRF.41DENC BY: A RNEX-IN-FACT The Resident Agent of the Surety in Denton Cotrory, Texas for delivery of notice and service of the process is: NAME: STREET ADDRESS: (NOTE: Date of Payment Bond must be dare of Contract_ ff Resident Agent is not a corporation, give a person's name.) SUBSCRIBED AND SWORN BEFORE ME ISM DAY OF ~ ~~~"~uERTJtp~//// 20 O ,~• 409 • HU //: NOTA. PUBLIC _ ` ; ~oit~iVa~e~cr l'B ... 4 ~y~`' `t Pe ~~~ f POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY PO BOX 19725, IRVINE, CA 92623 (949) 263-3300 www.htscoDico.com KNOW ALL MF.N BY THESE PRESENTS, that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY`Oocs hcrcby make, constitute and appoinC / *"Virginia L. Girdley**~/ as its true and lawful Anomcy(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporation as surety, bonds, undertakings and contracts of suretyship giving and granting unm said Attorney(s)-in-Pact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as the corporation could do, but reserving to [he corporation full power of substitution and revocation, and all of [he acts of said Attomey(s)-in-Fact, pnrsuam to these presents, arc hereby ratified and confirmed. This Power ofAnomcy is granted and is signed by facsimile under and by authority of the following resolution adopted by the Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY elTective as of November I, 2000: RESOLVED, that ttic Chairman of the Board, the President and any Vicc President of the corporation be, and that each of them hereby is, authorized to execute Powers o(Attomcy, qualifying the Attorney(s)-in-Fact named in the Powers oCAttomey to execute, on behalf of the corporation, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Sceretary of the corporation be, and each of them hereby is, authorized to attest the execution of airy such Power ofAnomcy; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Anomcy or to any certificate relating thereto by facsimile, and any such Power of Attomcy or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so axed and in the fuNre with respect to any bond, undertaking or contract of snrctyship to which it is attached. 1N WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY has caused these presents.[o be signed by its respective Executive Vicc President and attested by its Secretary this 1 st day oCFebmary, 2005. By: David H. Rhodes, Executive Vicc-President BY. ~~ Walter A. Crowell, Secretary STATE OF CALIFORNIA ) )SS. COUNTY OF ORANGE ) OCT. 10 1936 On Pcbmary 1, 2005, before me, Nita G. Hiffmcycr, personally appeared David H. Rhodes and Walter A. Crowell, personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons whose names arc subscribed to [he within insWment and acknowledged to me that they executed the same in their authorized capacities, and That by their signanves on the instmmcnt [hc entity upon behalf o(which the persons acted, cxccutcd the instmmcnt. WITNESS my hand and official seal NITA G. HIFFMEYER `" COMM. # 7 543481 Signature ~ ~ ~ NOTARY WBIJC CAUFORNIA~ ORANGE COUNTY v MY wmm. atplres Jan. 70,2W9 t CERTIFICATE The undersigned, as Exccutivc Vicc-President, of DEVELOPERS SURETY AND INDEMNITY COMPANY, dots hcrcby certify that the foregoing Power o(Attomcy remains in full force and has not been revoked, and funhcrtnorc, that the provisions of [hc resolution of the respective Boards of Directors of said corporation set forth in the Power o(Attomcy, is in force as of the date of Ihis Ccrtificatc. This Ccrtificatc is cxccutcd in the City of Irvine, California, thc,_Q t_hday of ~,,'l/ / ~Drl1 9f10fi , David L. Kerrigan, Exccutivc Vicc-President ID-1438 (DSI)(Rcv. 2/05) ~\~ 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 [ow 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, ifso 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. • All policies shall be endorsed to read: "SAID POLICY SHALL NOT BE CANCELLED, NONRENEWED OR MATERL4LLY CHANGE WITHOUT 30 DAYS ADVANCED WRITTEN NOTICE BEING GIVEN TO THE OWNER (CITY) EXCEPT WHEN THE POLICY IS BEING CANCELLED FOR NONPAYMENT OF PREMIUM IN WHICH CASE 10 DAYSADVANCE WRITTENNOTICEISREQUIRED': • Should any of the required insurance be provided under aclaims-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 $ 500,000 shall be provided and maintained by the Contractor. The policy shall be written on an occurrence basis either in a single policy or in a combination of underlying and umbrella or excess policies. If the Commercial General Liability form (ISO Form CG 0001 current edition) is used: • Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual liability covering this contract and broad form property damage coverage. • Coverage B shall include personal injury. • Coverage C, medical payments, is not required. If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) is used, it shall include at least: • Bodily injury and Property Damage Liability for premises, operations, products and completed operations, independent contractors and property damage resulting from explosion, collapse or underground (XCIn 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 $300,000 either in a single policy or in a combination of basic and umbrella or excess policies. The policy will include bodily injury and property damage liability arising out of the operation, maintenance and use of all automobiles and mobile equipment used in conjunction with this contract. Satisfaction of the above requirement shall be in the form of a policy endorsement for: • any auto, or • all owned, hired and non-owned autos. [X] Workers Compensation Iusurauce 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 [X] Worker's Compensation Coverage for Building or Construction Projects for Governmental Entities A. Definitions: Certificate of coverage ("certificate")-A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage. agreement (TWCC- 81, TWCC-82, TWCC-83, or TWCC-84), showing statutory 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. I. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain from each other person with whom, it contracts, and provide to the contractor: (a) a certificate of coverage, prior to the other person beginning work on the project; and (b) anew 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 govemmental 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 aze 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. Dencross Landscape Maintenance 1900 Northlake Trl. Denton, Tx 76201 940-898-1145 940-390-1168 Re: Request For Locallybased business preference Bid #3463 -Two Yeaz Contract for Mowing Proposal K -Water Reclamation ~ I request that Dencross Landscape Maintenance be awazded the contract for part K of bid 3463. I operate both M.E.T. Lawncaze and Dencross Landscape Maintenance from offices in the city of Denton. Some of my involvement in the local community is listed below. Resident of Denton for 28 yeazs. Have operated my mowing business from a location in Denton for over 15 yeazs. Member of the Chamber of Commerce. Donate services to various Denton chanties and Churches from time to time. Help sponsor & support various clubs at Denton High School through donations. Employ 3 - 6 people, all reside in Denton. Purchase most equipment & supplies from businesses located in Denton. Thank you, Thomas ~04/OB/2006 13:50 FA% 9405681893 _ LORD AND CO. INSURANCE A f~002 A PATE ACORD,~ CERTIFICATE OF LIABILITY INSURANCE o3i3oi2oob PROtwcER -Lord & Co Ins A ents, Inc. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION g ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR _ (940) 382.9324 ALTER THE COVERAGE AFFORDED BV THE POLICIES BELOW- p.0, ppx 946 INSURERS AFFORDING COVERAGE Denton TX 7620 _ __ ~ ~~-- iNSURR~D ;DENCROSSfiNTERPRISRS LP.'IsT.P.L ~ _ INSURERA AMERICAN MERCURY LLOYDS . - .,, - .. ;.: -, r^~. IN4vaEa e; SERVICE LLOYDS TNSURANCF CO ~ _.. 1P`LV INSURER C' 1900 NORTIILAKE TRAIL ~ wauRER D. --' - DENTON TX 76201 NsuRER COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOV E FOR THE POLICY PERIOD IND ICATED. NOTW ITHSTANDIN MAY PERYAIRN,MTHETINSURANOCE AOFFOR ED BY THE PO CIS OESCR 8ED HER N S SUe EICT 0 ALL THE TERMS, EXCLUSIONS AND COND T ON9 OF SDUOCH ....~ ,,.~~e ..-r_oerere I IMITR AHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. „ ,~~ , r/ MEROIAL GENERAL LV191L17Y CLAIMS MADE ~~ pOCUF 10 B1/PD DEDUCT,, NVIOeILE LUURLITY ANY AlRO ALL OWNED AUTOS SCHEWLED AUTOS HIRED AUTOS NONA WNEO AUTOS 1/2007 COMBINED SINGLE LIMIT IS (Es a~ewen0 Y INJURY ~ 5 PROPERTY DAMAGE IS (Per aalde0l) _ 5000 __ 500.000 1,000,000 5 ANY AUTO I I ~ ~u7 ONL~rN -KCess WBlurr occuR u culMa MADE DE000itaLE RETENTION E WORKERS COMPENSATION AND/ EMPLOYERS W91LlTY OTHER DESCRIPTION OF OPERATIONSILOCATIONSNEHIOLESIE%CLUSION9 ADDED 9Y ENDORSEMENTISPECIAL PROVISIONS ~~ Name lnsured conti.nued...dba: AAA Builders Landscape / dha: peneross L _.yH_E^'^A "'i"^tenance % dba: M.E:1. Lawncare. Certificate Holder is ADDLTPONAL 1NST ITEED as regards to GENF,~RAL LIABILLI"Y for LANDSCAPE GARDFiN1NG. Products/Complctcd Operanons coverage is included in the aggregal@ limit._/ _ _ crrv of DeNTON/ A1'TN: JODY HAYS - PURC.DEPT 901 R TEXAS STREET OENTON SHOULD ANY OP THE ABOVE OESOWSED POLIC1E38E CANOELLED BEFORE TNEE PIRATIO OATS THEREOF, THE ISSUING INSURER YRLL ENDEAVOR TO MAIL 3D DAY$ wRITYE NOTICE TO THE GERnFK:ATE XOLDER NAMED TD THE LEF7~ BUT P RE TO 00 90 SHAT IMPOSE NO OSL AnON LIABILITY OF ANY KI ON INS ER AGEN REPRE9ENTAT E3. TX 7(201 AUTHORITED RE TA MARTHA DELAR SA ® ACORD CORPORATION 7£ Ap'r 06 06 02:02p ,~ STATE FARM TIM SHOOPMA - ~uG ~ `3~~° v p.2 CERTIFICATE OF INSURANCE SUCH INSURANCE AS RESPECTS THE INTEREST OF THE CERTIFICATE HOLDER NAMED BELOW WILL NOT BE CANCELED OR OTHERWISE TERMINATED WITHOUT GNING 70 DAYS PRIOR WRITTEN NOTICE TO THE .CERTIFICATE HOLDER, BUT 1N NO EVENT SHALL THIS CERTIFICATE BE VALID MORE THAN 30 DAYS FROM THE DATE WRITTEN. THIS CERTIFICATE OF INSURANCE DOES NOT CHANGE THE COVERAGE PROVIDED BY ANY POLICY DESCRIBED BELOW. This certifies that. ®STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY of Bloomington, Illinois ^ STATE FARM FIRE AND CASUALTY COMPANY of Bloomington, Illinois ^ STATE FARM COUNTY MUTUAL INSURANCE COMPANY OF TEXAS of Dallas, Texas © STATE FARM INDEMNITY COMPANY of Bloomington, Illinois, or ©STATE FARM GUARANTY INSURANCE COMPANY of Bloomington, Illinois has covera a in force for the fiollowing Named Insured as shown below: 9 / NAMED INSURED: Denc ross Landscape Maint enancel ADDRESS OF NAMED INSURED: 1720 w Unive=sit Drive Ste F Denton, TX 76201 POLICY NUMBER 076 1401-c02-43'/ EFFECTIVE DATE ~ OF POLICY C3/02/06 55 ?ord F350 DESCRIPTION OF 1FTJW35F3SEA99555 VEHICLE (7nduding VIN) LIABILITY COVERAGE ®YES ^ NO ^ YES ^ NO ^ YES ^ NO ^ YES ^ NO LIMITS OF LIABILITY a. Bodily Injury V _ Each Person 25D000 ~ r Each Accident 500D00 ~' b. Property Damage i i Each Accdent 100000 ~ ~ c. Bodily Injury & Property Damage Single Limit Each Accdent PHYSICAL DAMAGE YES ^ NO ^ YES ^ NO ^ YES ^ NO ^ YES ^ NO COVERAGES a. Corn rehenSiYe $ 500 Dedudble $ Deducible $ Dedudible $ Deductible ® YES ^ NO ^ YES ^ NO ^ YES ^ NO ^ YES ^ NO b. Collision $ 5D0 Deductible $ Dedudible $ Deductible $ Deductbte EMPLOYERS NON-0WNED OAR LIABILITY COVERAGE YES ^ NO ^ ^ YES ^ NO ^ YES ^ NO ^ YES ^ NO AC~LwBILIrY covE ^ YES ^ NO ^ YES ^ NO ^ YES ^ NO ^ YES ^ NO R FLEET-COVERAGE FOR A11 dJdNEDAND LICENSED YES ^ NO ^ ^ YES ^ NO ^ YES ^ NO ^ YES ^ NO MOTOR VEHICLF~ ri[!e 93-7605 09/0 City of Denton Tim Shoopman / 501 H Texas St 1004 N Locust St Denton, TX 76201 Denton, TX 76201 RE: BID # 3463 The above listed additional insured will be notified via address above if ~{D.383• a-Crlaf the pclicy is being cancelled. ppr the laws set forth in the state of Texas. INTERNAL STATE FARM USE ONLY: ^ Request permanent Certifcate of Insurance for liability coverage. fzza2as Rev, o7-zs-loos ~ Request Certificate Holder to be added as an Add'Rional Insured. L~ Apr 06 06 02:02p STATE FARM TIM SHOOPMA p.1 SHOOPMAN, TIM .Auto-Life-Health-Home and Business N. LOCUST DENTON, TX 762D1 PHONE (990) 383-2614 April 06, 2006 STATE FARM INSURANCE LOCAL: 940-383-2619 METRO: 972-445-6549 FAX: 940-387-2892 DELIVE COMPAN FAX#: FROM: COMNNIENTS: DATE: f~-G Flo TIME: PAGES: .,ACORD CERTIFICATE OF LIABILITY INSURANCE °^~ TN 03/30/2006 PRODUCER Lord & Co Ins Agents, Inc. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION .ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE (940) 382-9324 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P O B 946 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. . . ox - Denton TX 76202 INSURERS AFFORDING COVERAGE INSURED DENCROSS ENTERPRISES LP ET AL INSURER a: AMERICAN MERCURY LLOYDS INSURER B: SERVICE LLOYDS INSURANCE CO. 1900 NORTHLAKE TRAIL INSURER C: INSURERD. DENTON TX 76201 INSURER E' COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYpE OFINSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIABILITY CLP7016568 04/01/2006 04/01/2007 EACH OCCURRENCE a 500,000 X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE An anefre E SQ,000 CLAIMS MADE OCCUR ~ ~ MED EXP An one rson E OUVO X $500 BI/PD DEDUCT 000 SOO PERSONAL 8 ADV INJURY , S PER CLAIM GENERAL AGGREGATE E 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGG E INCI-UDED X POLICY PRO- LOC AUT OMOBILE LIABILITY COMBINED SINGLE LIMIT ANV AUTO (Ea accitlenq E ALL OWNED AUTOS BODILY INJURY - SCHEDULED AUTOS - (Per person) E HIRED AUTOS - ~ BODILY INJURY ~ - - - NON-0WNED AUTOS - ~ (Per acrJdenU E - PROPERTY DAMAGE E (Per accitlenl) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC E AUTO ONLY: qGG E EXCESS LIABILITY EACH OCCURRENCE E OCCUR ~ CLAIMS MADE AGGREGATE E E DEDUCTIBLE g RETENTION $ $ B WORKERBCOMPENSATIONAND SRX9846-06 01/24/2006 01/24/2007 X wcsTATU- oTH- EMPLOYERS' LIARRITY IOO 000 EL EACH ACCIDENT , E E. L. DISEASE-EA EMPLOYEE E IOO,000 E.L. DISEASE-POLICY LIMIT E SOO,000 OTHER DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Name Insured cont~ued...dba: AAA Builders Landscape /dba: Dencross Landscape Maintenance /dba: M.E.T. Lawncare. Certificak_e_Holder c`s~ADDITIONAL INSURED as regards to GENERAL LIABILITY for LANDSCAPE GARDENING. ProdDCts~Complete~~,Operations coverage is included in the aggregate limit. General Liability foT-Landscape Gardening Lu =.t fJ CERTIFICATEI HOL ~ ER gDDITIONAL INSURED INSURER LETTER: CANCELLATION - ~J _~ ty,J ~-„ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION ) ,.- - -CITY O~':~'DENTON -PARKS & REC. " 30 DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL pAVS WRITTEN _ ~{ ATTN: $O$ TICKNER NOTICE TO THE CERTIFICATE ER NAMED TO THE LEFT, BU7 FAI R TO DO 50 SHALL • ~ 321 E. MCKINNEY IMPOSE NO OBLIGATI N O ITV OF A Y KI THE UR ,ITS ENTS REPRESENTATIVES. DENTON TX 76201 gUTHORIZED REPRESE MARTHA DELAROSA ~~ ACORD 25-5 (7197) ©ACORD CORPORATION 1988 04/06/2008 1x:50 FA% 9405661899 LORD AND CO. INSURANCE A Lord & Co., Insurance Agents, Inc. P.O. Box 946, Denton, TX 76202 Denton (940) 382-9324 Dallas (972) 420-7903 Fax (940) 566-1893 Fax Transmittal Cover Sheet From the Desk of Marilou Escamilla Attn: Jody Hays Date: 04/06/06 At: 940-349-7302 Time: 1:34 Re: Dencross Landscape Maintenance Re: Bid # 3463 # f3f pages including cover sheet: 2 Please see attached certificate of insurance for Jeffrey Thomas (Dencross Landscape Maintenance) showing the City of Denton as additional insured with a 30-day notice of cancellation. Please contact our office if any of the requirements are not met. r~ool Please call one of the above numbers if this fax is incomplete. Thank you!!