2006-214
ORDINANCE. ,ttJ06 -,2/ tJ.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS ACCEPTING COMPETITIVE BIDS
AND AWARDING A BEST VALUE CONTRACT FOR TREE TRIMMING SERVICES FOR
DENTON MUNICIPAL ELECTRIC; AUTHORIZING THE EXPENDITURE OF FUNDS
THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 3494-ANNUAL CONTRACT
FOR TREE TRIMMING SERVICE FOR DME A WARDED TO WHITMIRE LINE
CLEARANCE, INC. IN THE ESTIMATED AMOUNT OF $300,000).
WHEREAS, the City has solicited, received, and tabulated competitive best value bids,
for the purchase of necessary materials, equipment, supplies or services in accordance with the
procedures of State law and City ordinances based on the best value as determined by using the
selection criteria set forth in the request for bids; and
WHEREAS, the City's selection committee has reviewed and recommended that the
herein described bids are the best value based on the selection criteria for the materials,
equipment, supplies or services as shown in the "Bid Proposals" submitted; and
WHEREAS, the City's Purchasing Agent has determined that the best value bid process
provides the best value to the City for this procurement; and
WHEREAS, the City Council has provided in the City Budget for the appropriation of
funds to be used for the purchase of the materials, equipment, supplies or services approved and
accepted herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and conclusions set forth in the preamble of this ordinance
are incorporated within the body of the ordinance.
SECTION 2. The options in the following numbered bids for materials, equipment,
supplies, or services, shown in the "Bid Proposals" on file in the office of the City Purchasing
Agent, is hereby accepted and approved as being the best value based on the selection criteria
contained in the request for bids for such items:
BID
NUMBER
DESCRIPTION
VENDOR
AMOUNT
3494
Tree Trimming Services
Whitmire Line Clearance, Inc.
Exhibit A
SECTION 3. By the acceptance and approval of the above items of the submitted bids,
the City accepts the offer of the persons submitting the bids for such items and agrees to
purchase the materials, equipment, supplies or services in accordance with the terms,
specifications, standards, quantities and for the specified sums contained in the Bid Invitations,
Bid Proposals, and related documents.
SECTION 4. The City Manager is hereby authorized to execute any and all necessary
written contracts for the performance of the services in accordance with the bids accepted and
approved herein, provided that such contracts are made in accordance with and relating to the
items specified in Section 1, which written contract(s) shall be attached hereto; provided that the
written contract is in accordance with the above Request to Submit Bids, Bid Proposals, and
documents relating thereto specifying the tenns, conditions, plans and specifications, standards,
quantities and specified sums contained therein.
SECTION 5. By the acceptance and approval of the above enumerated bids, the City
Council hereby authorizes the expenditure of funds therefor in the amount and in accordance
with the approved bids.
SECTION 6.
approval.
PASSED AND APPROVED this I~ day of
This ordinance shall become effective immediately upon its passage and
!b1 ulL
,2006.
~tRfJtr1~
PERRY R. McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPRO D AS 0 LEGAL FORM:
EDWIN M. SNYDER, CI Y ATTORNEY
BY:
J-ORD.RFP 3494
Exhibit A
BID # 3494
DATE: June 22, 2006
Three-Year Contract for Tree Trimmin Service for DME
EST.
ITEM ANNUAL UOM DESC::RIPTION'
ToY..
Principle Place of Business:
Tree trimming per specifications - Four (4) Man
Minimum Manuai Crew working forty-hour work
week
1
52
wks. Four Man Crew
a. Leadman (can climb if needed)
b. Climber
c. Climber
d. Groundsman
Tree trimming per specifications - Two (2) Man
Minimum Bucket Crew working forty-hour work
week
2
52
wks.
Two Man Crew
a. Leadman (climbs and run bucket)
b. Groundsman
3
Tree trimming overtime (over 40 hours per week)
with prior approval from DME supervisory personnei
Unknown
Vendor complies with new ANSI standards as
described on p. 12 of bid specifications
YES or NO
Number of crews available to DME at one time
Response time after notification by DME
Addendum # 1
VENDOR
Whitmire Line
Clearance, Inc.
Pilot Point, TX
$70.56
$52.55
$99.74
$67.92
Yes
10
24 hours
Yes
.'
CONTRACT BY AND BETWEEN
CITY OF DENTON, TEXAS AND
BID NO. 3494
THIS CONTRACT is made and entered into by and between Whitmire Line Clearance.
Inc. a corporation, whose address is 8171 Highwav 377. Pilot Point. Texas
76258, hereinafter referred to as "Contractor," and the CITY OF DENTON, TEXAS, a home
rule municipal corporation, hereinafter referred to as "City," to be effective upon approval of the
Denton City Council and subsequent execution of this Contract by the Denton City Manager or
his duly authorized designee.
For and in consideration of the covenants and agreements contained herein, and for the
mutual benefits to be obtained hereby, the parties agree as follows:
I.
SCOPE OF SERVICES
Contractor shall provide all labor, supervision, materials and equipment necessary for tree
trimming Services for Denton Municipal Electric. These products and services shall be provided
in accordance with the Specifications for Best Value Bid #3494 - Three-Year Contract for Tree
Trimming Service for Denton Municipal Electric, a copy of which is attached hereto and
incorporated herein as Exhibit "A" (or on file in the office of the Purchasing Agent), and the
Contractor's Bid in response thereto, a copy of which is attached hereto and incorporated herein
for all purposes as Exhibit "B". The Contract consists of this written agreement and the
following items which are attached hereto and incorporated herein by reference:
(a) Specifications for Best Value Bid #3494 - Three-Year Contract for Tree
Trimming Service for Denton Municipal Electric; (Exhibit "A" or on file in the
office of the Purchasing Agent).
(b) Contractor's Bid. (Exhibit "B");
(c) Insurance Requirements. (Exhibit "C");
(d) Form CIQ - Conflict of Interest Questionnaire (Exhibit "D").
These documents make up the Contract documents and what is called for by one shall be
as binding as if called for by all. In the event of an inconsistency or conflict in any of the
provisions of the Contract documents, the inconsistency or conflict shall be resolved by giving
precedence first to the written a,greement then to the contract documents in the order in which
they are listed above. These documents shall be referred to collectively as "Contract
Documents."
S:\prch\Contracts DOGuments\3494 service contract.doc
II.
TIME OF COMPLETION
Contractor agrees and covenants that all work hereunder shall be complete within
( ) days following notice to proceed from City.
Or
III.
TERM OF CONTRACT
The initial term of this Contract shall be a thirty-six (36) month contract with the option
to renew for additional one (1) year periods, provided such option is stipulated in the Special
Conditions section of Bid #3494 and agreed upon in writing by both parties.
IV.
WARRANTY
Contractor warrants and covenants to City that all goods and services provided by
Contractor, Contractor's subcontractors, and agents under the Agreement shall be free of defects
and produced and performed in a skillful and workmanlike manner and shall comply with the
specifications for said goods and services as set forth in this Agreement and the Bid
Specifications attached hereto and incorporated herein as Exhibit "A"(or on file in the office of
the Purchasing Agent). Contractor warrants that the goods and services provided to City under
this Agreement shall be free from defects in material and workmanship, for a period of one (1)
year commencing on the date that City issues final written acceptance of the project.
V.
PAYMENT
Payments hereunder shall be made to Contractor following city's acceptance of the work
and within thirty (30) days of receiving Contractor's invoice for the products and services
delivered. Total compensation under this contract shall not exceed the estimated sum of
$300,000.
Contractor recognizes that this Contract shall commence upon the effective date herein
and continue in full force and effect until termination in accordance with its provisions.
Contractor and City herein recognize that the continuation of any contract after the close of any
given fiscal year of the City of Denton, which fiscal year ends on September 30th of each year,
shall be subject to Denton City Council approval. In the event that the Denton City Council does
not approve the appropriation of funds for this contract, the Contract shall terminate at the end of
the fiscal year for which funds were appropriated and the parties shall have no further obligations
hereunder.
S:\prch\Contracts Documents\3494 service contract.doc
.
VI.
PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC
Contractor shall at all times exercise reasonable precautions for the safety of employees
and others on or near the work and shall comply with all applicable provisions of Federal, State,
and Municipal safety laws. The safety precautions actually taken and the adequacy thereof shall
be the sole responsibility of the Contractor. Contractor shall indemnifY City for any and all losses
arising out of or related to a breach of this duty by Contractor pursuant to paragraph VIII.
INDEMNIFICATION and paragraph IX. COMPLIANCE WITH APPLICABLE LAWS set
forth herein.
VII.
LOSSES FROM NATURAL CAUSES
Unless otherwise specified, all loss or damage to Contractor arising out of the nature of
the work to be done, or from the action of the elements, or from any unforeseen circumstances in
the prosecution of the same, or from unusual obstructions or difficulties which may be
encountered in the prosecution of the work, shall be sustained and borne by the Contractor at its
own cost and expense.
VIII.
INDEMNIFICATION
Contractor shall release, defend, indemnifY and hold the City, its elected officials, officers
and employees harmless from and against all claims, damages, injuries (including death),
property damages (including loss of use), losses, demands, suits, judgments and costs, including
attorney's fees and expenses, in any way arising out of, related to, or resulting from the services
provided by Contractor under this Agreement or caused by the negligent act or omission or the
intentional act or omission of Contractor, its officers, agents, employees, subcontractors,
licensees, invitees or any other third parties for whom Contractor is legally responsible
(hereinafter "Claims"). Contractor is expressly required to defend City against all such Claims.
In the event the City is a named party to a suit arising out of the subject matter of this
Contract, the City shall have reasonable input into the selection of defense counsel to be retained
by Contractor in fulfilling its obligation hereunder to defend and indemnifY City. City reserves
the right to provide a portion or all of its own defense; however, City is under no obligation to do
so. Any such action by City is not to be construed as a waiver of Contractor's obligation to
defend City or as a waiver of Contractor's obligation to indemnifY City pursuant to this Contract.
Contractor shall retain defense counsel within seven (7) business days of City's written notice
that City is invoking its right to indemnification under this Contract. If Contractor fails to retain
counsel within such time period, City shall have the right to retain defense counsel on its own
behalf, and Contractor shall be liable for all costs incurred by City.
S:\prch\Contracts Documents\3494 service contract.doc
IX.
COMPLIANCE WITH APPLICABLE LAWS
Contractor shall at all times observe and comply with all Federal, State and local laws,
ordinances and regulations including all amendments and revisions thereto, which in any manner
affect Contractor or the work, and shall indemnify and save harmless City against any claim
related to or arising from the violation of any such laws, ordinances and regulations
whether by Contractor, its employees, officers, agents, subcontractors, or representatives.
If Contractor observes that the work is at variance therewith, Contractor shall promptly notify
City in writing.
X.
VENUE
The laws of the State of Texas shall govern the interpretation, validity, performance and
enforcement of this Contract. The parties agree that this Contract is performable in Denton
County, Texas, and that exclusive venue shall lie in Denton County, Texas.
XI.
ASSIGNMENT AND SUBLETTING
Contractor agrees to retain control and to give full attention to the fulfillment of this
Contract, that this Contract shall not be assigned or sublet without the prior written consent of
City, and that no part or feature of the work will be sublet to anyone objectionable to City.
Contractor further agrees that the subletting of any portion or feature of the work, or materials
required in the performance of this Contract, shall not relieve Contractor from its full obligations
to City as provided by this Contract.
XII.
INDEPENDENT CONTRACTOR
Contractor covenants and agrees that Contractor is an independent contractor and not an
officer, agent, servant or employee of City; that Contractor shall have exclusive control of and
exclusive right to control the details of the work performed hereunder and all persons performing
same, and shall be responsible for the acts and omissions of its officers, agents, employees,
contractors, subcontractors and consultants; that the doctrine of respondeat superior shall not
apply as between City and Contractor, its officers, agents, employees, contractors, subcontractors
and consultants, and nothing herein shall be construed as creating a partnership or joint enterprise
between City and Contractor.
S:\prch\Contracts Documents\3494 service contract.doc
XIII.
INSURANCE AND CERTIFICATES OF INSURANCE
Contractor shall procure and maintain for the duration of the contract insurance coverage
as set forth in the Insurance Requirements marked Exhibit" C" attached hereto and incorporated
herein by reference. Contractor shall provide a signed insurance certificate verifying that they
have obtained the required insurance coverage prior to the effective date of this Contract.
XIV.
HINDRANCES AND DELAYS
No claims shall be made by Contractor for damages resulting from hindrances or delays
from any cause during the progress of any portion of the work embraced in this Contract.
XV.
AFFIDAVIT OF NO PROHIBITED INTEREST
Contractor acknowledges and represents it is aware of all applicable laws, City Charter,
and City Code of Conduct regarding prohibited interests and that the existence of a prohibited
interest at any time will render the Contract voidable. Contractor has executed the Affidavit of
No Prohibited Interest, attached and incorporated herein as Exhibit "D".
XVI.
SEVERABILITY
The provisions of this Contract are severable. If any paragraph, section, subdivision,
sentence, clause, or phrase of this Contract is for any reason held to be contrary to the law or
contrary to any rule or regulation having the force and effect of the law, such decisions shall not
affect the remaining portions of the Contract. However, upon the occurrence of such event,
either party may terminate this Contract by giving the other party thirty (30) days written notice.
XVII.
TERMINATION
City may, at its option, with or without cause, and without penalty or prejudice to any
other remedy it may be entitled to at law, or in equity or otherwise under this Contract, terminate
further work under this contract, in whole or in part by giving at least thirty (30) days prior
written notice thereof to Contractor with the understanding that all services being terminated
shall cease upon the date such notice is received.
S:\prch\Contracts Documents\3494 service contract.doc
XVIII.
ENTIRE AGREEMENT
This Contract and its attaclunents embody the entire agreement between the parties and
may only be modified in writing if executed by both parties.
XIX.
CONTRACT INTERPRETATION
Although this Contract is drafted by City, should any part be in dispute, the parties agree
that the Contract shall not be construed more favorably for either party.
XX.
SUCCESSORS AND ASSIGNS
This Contract shall be binding upon the parties hereto, their successors, heirs, personal
representatives and assigns.
XXI.
HEADINGS
The headings of this Contract are for the convenience of reference only and shall not
affect in any manner any ofthe terms and conditions hereof.
IN WITNESS WHEREOF, the parties have executed this Contract by signing below.
By:
Q --=r-I>...."".
Date: ~ - "\ - C::. \.",
CITY OF DENTON, TEXAS
Date: ~ d- \\ 0 10
. \
By:
~YAAj)~~,
CITY MANAGER .
S:\prch\Contracts Documents\3494 service contract.doc
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
BY:
ACKNOWLEDGMENTS
STATE OF TEXAS ~
~
COUNTY OF DENTON ~
/.j
This instrument was acknowledged b~fore me on the ?~}tday_ of (J,fAg,t/,d-t
2006 ;by ~CltJ;(lt.:. u..YI.<,thuit., C,C',D,
UJ/UiJJviu. t.itu..-{/hCU( ({' . a 5 , corporation, on behalf of said corporation.
v
of
ie:~'i1i"~
1.. :::
..... ~
.ar...
MARGIE COX
MY COMMISSION EXPIRES
Ju~ 17. 2007
YJ(a( . Cot
Notary p~ State of Texas
STATE OF TEXAS ~
~
COUNTY OF DENTON ~
Th~~ instrument }V~knowledged before me on th~\ &t day of ~ '
2006 by ~(0ci' V 1 \cu:;tL..c , City Manager of the CITY OF DEN N, TEXAS,
a home-rule municipal corporation, on behalf of said corporation.
~,""'~
f~{\
;f.~.~~. E
~1~$
JENNifER K. WALTERS
Not8rv Public State of Texas
My Commission Expires
December 19. 2006
S:\prch\Contracts Documents\3494 service contract.doc
CITY OF DENTON
BEST VALUE BID FOR TREE TRIMMING SERVICE FOR DME
Estimated
Annual Crew Hourly Estimated Total
Item Description Quantilv Rate* Cost
Tree trimming per attached specification - Four (4)
Man Minimum Manual Crew working forty-hour
work week $2822.401wk.
1 Four Man Crew 52 weeks $70.56
-
a. Leadman (can climb if needed) $146,764.80/yr.
b. Climber
c. Climber
d. Groundsman
Tree trimming per attached specification - Two (2)
Man Minimum Bucket Crew working forty-hour work
week $2102.00Iwk.
2 52 weeks $52.55
-IYto Man Crew $109,304.00/yr.
a. Leadman (climbs and run bucket)
b. Groundsman
Tree trimming overtime (over 40 hours per week) $99.74
3 with prior approval from DME supervisory Unknown
personnel $67.92
Totals: $ $
Vendor complies with new ANSI standards as X YES NO
described on page 11
Number of crews available to DME at one time 10
,
Response time after notification by DME 24 hours
*In case of calculation error, crew hourly rate shall prevail.
Date
Signature of Authorized Representative
Company
June 21, 2006
Whitmire Line Clearance, Inc.
PAGE 1 OF BID # 3494
Bidde(s Initials kJ
Exhibit B
CITY OF DENTON
BEST VALUE BID FOR TREE TRIMMING SERVICE FOR DME
The undersigned agrees this bid becomes the property of the City of Denton after the official opening.
The undersigned affirms he has familiarized himself with the local conditions under which the work is
to be performed; satisfied himself of the conditions of delivery, handling and storage of equipment and
all other matters that may be incidental to the work, before submitting a bid.
The undersigned agrees, if this bid is accepted, to fumish any and all items/services upon which
prices are offered, at the price(s) and upon the terms and conditions contained in the Specifications.
The period for acceptance of this Bid Proposal will be ninety (90) calendar days unless a different
period is noted by the bidder.
The undersigned affirms that they are duly authorized to execute this contract, that this bid has not
been prepared in collusion with any other Bidder, nor any employee of the City of Denton, and that the
contents of this bid have not been communicated to any other bidder or to any employee of the City of
Denton prior to the official opening of this bid.
Vendor hereby assigns to purchaser any and all claims for overcharges associated with this contract
which arise under the antitrust laws of the United States, 15 USCA Section 1 et sea., and which arise
under the antitrust laws ofthe 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.
Whitmire Line Clearance, Inc.
8171 Hwy. 377
Pilot Point, TX 76258
NAME AND ADDRESS OF COMPANY
Name Rave Dale Whitmire
Titie Owner/C.E.O.
Phone No. (940) 365-9591
Fax No. (940) 365-3008
Email.whitmire@airmail.net
COMPANY IS:
Business included in a Corporate Income Tax Retum?
X YES
NO
-1L Corporation organized & existing under the laws of the State of Texas
_ Partnership consisting of
_ Individual trading as
X Principal offices are in the city of Pilot Point, TX
PAGE 2 OF BID # 3494
Bidder's Inilials W
CITY OF DENTON
BEST VALUE BIDIBID/ANNUAL CONTRACT FOR TREE TRIMMING SERVICE FOR DME
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 calTiers 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 ofthe 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 worlc has been completed
and accepted by the City of Denton, Owner, the minimum insurance coverage as
indicated hereinafter.
As soon as practicable after notification of bid award, Contractor shall file with the
Purchasing Department satisfactory certificates of insurance, containing the bid
number and title of the project Contractor may, upon written request to the
Purchasing Department, ask for clarification of any insurance requirements at any time;
however, Contractors are strongly advised to make such requests prior to bid opening,
since the insurance requirements may not be modified or waived after bid opening
unless a written exception has been submitted with the bid. Contractor shall not
commence any work or deliver any material until he or she receives notification that the
contract has been accepted, approved, and Signed by the City of Denton.
All insurance policies proposed or obtained in satisfaction of these requirements shall
comply with the following general specifications, and shall be maintained in
compliance with these general specifications throughout the duration of the Contract,
or longer, if so noted:
· Each policy shall be issued by a company authorized to do business in the State of
Texas with an A.M. Best Company rating of at least A.
. Any deductibles or self-insured retentions shall be declared in the bid proposal. If
requested by the City, the insurer shall reduce or eliminate such deductibles or
self-insured retentions with respect to the City, its officials, agents, employees and
volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and
related investigations, daim administration and defense expenses.
Bidde~s Initials
~
Exhibit C
CITY OF DENTON
BEST VALUE BIDIBIDIANNUAL CONTRACT FOR TREE TRIMMING SERVICE FOR DME
. 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 daim 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 POUCY SHALL NOT BE CANCELLED, NONRENEWED OR MA TER/ALL Y
CHANGE WITHOUT 30 DA YS ADVANCED WRITTEN NOTICE BEING GIVEN TO
THE OWNER (CITY) EXCEPT WHEN THE POUCY IS BEING CANCELLED FOR
NONPA YMENT OF PREMIUM IN WHICH CASE 10 DA YS ADVANCE WRITTEN
NOnCE IS REQUIRED".
. Should any of the required insurance be provided under a daims-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 daims 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 induded 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 tenn, 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.
Bidder's Initiais ~
CITY OF DENTON
BEST VALUE BIDIBID/ANNUAL CONTRACT FOR TREE TRIMMING SERVICE FOR DME
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS:
All insurance policies proposed or obtained in satisfaction of this Contract shall additionally
comply with the following marked specifications, and shall be maintained in compliance with
these additional specifications throughout the duration of the Contract, or longer, if so noted:
[X] A. General Liability Insurance:
General Liability insurance with combined single limits of not less than $1,000,000
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 Com prehensive General Liability form (ISO Form GL 0002 Current Edition
and ISO Form GL 0404) is used, it shall include at least:
· Bodily injury and Property Damage Liability for premises, operations,
prOducts and completed operations, independent contractors and property
damage resulting from explosion, collapse or underground (XCU)
exposures.
· Broad form contractual liability (preferably by endorsement) covering this
contract, personal injury liability and broad form property damage liability.
[Xl Automobile Liability Insurance:
Contractor shall provide Commercial Automobile Liability insurance with Combined
Single Limits (CSL) of not less than $500,000 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.
Bidder's Initials ~
CITY OF DENTON
BEST VALUE BIDIBID/ANNUAL CONTRACT FOR TREE TRIMMING SERVICE FOR DME
[Xl 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 perfonned 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 ~06.096 of the Texas Labor Code and rule
28T AC 110.110 of the Texas Worker's Compensation Commission (TWCC).
[ 1 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.
[ 1 Fire Damage Legal Liability Insurance
Coverage is required if Broad fonn 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.
[ 1 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.
[ 1 Builders' Risk Insurance
Builders' Risk Insurance, on an All-Risk fonn 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.
Bidder's Initials
,~
CITY OF DENTON
BEST VALUE BIDIBID/ANNUAL CONTRACT FOR TREE TRIMMING SERVICE FOR DME
[ ] 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 "blanker 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.
Bidde~s Initials
.~
CITY OF DENTON
BEST VALUE BIDfBID/ANNUAL CONTRACT FOR TREE TRIMMING SERVICE FOR DME
ATTACHMENT 1
[Xl 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 - indudes 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 9406.096) - indudes
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" indude, 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
foodlbeverage vendors, office supply deliveries, and delivery of portable toilets.
B. The contractor shall provide coverage, based on proper reporting of dassification
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
Bidde(s Initials~
CITY OF DENTON
BEST VALUE BIDIBID/ANNUAL CONTRACT FOR TREE TRIMMING SERVICE FOR DME
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
Bidde~s Initials
~
CITY OF DENTON
BEST VALUE BIDIBIDJANNUAL CONTRACT FOR TREE TRIMMING SERVICE FOR DME
b. a new certificate of coverage showing extension of coverage, prior to the end
of the coverage period, if the coverage period shown on the current certificate
of coverage ends during the duration of the project;
5. retain all required certificates of coverage on file for the duration of the project
and for one year thereafter;
6. notify the governmental entity in writing by certified mail or personal delivery,
within 10 days after the person knew or should have known, of any change that
materially affects the provision of coverage of any person providing services on
the project; and
7. contractually require each person with whom it contracts, to perform as required
by paragraphs (1) - (7), with the certificates of coverage to be provided to the
person for whom they are providing services.
J. By signing this contract or providing or causing to be provided a certificate of
coverage, the contractor is representing to the governmental entity that all
employees of the contractor who will provide services on the project will be
covered by worKers' compensation coverage for the duration of the project, that
the coverage will be based on proper reporting of classification codes and payroll
amounts, and that all coverage agreements will be filed with the appropriate
insurance carrier or, in the case of a self-insured, with the commission's Division of
Self-Insurance Regulation. Providing false or misleading information may subject
the contractor to administrative penalties, criminal penalties, civil penalties, or
other civil actions.
K. The contractor's failure to comply with any of these provisions is a breach of
contract by the contractor which entitles the governmental entity to declare the
contract void if the contractor does not remedy the breach within ten days after
receipt of notice of breach from the governmental entity.
Bidder's Initials ~
CONFLICT OF INTEREST QUESTIONNAIRE
For vendor or other person doing business with local governmental entity
FORM CIQ
This questionnaire is being filed in accordance wnh chapter 176 of the Local
Government Code by a person doing business wnh the govemmental entity.
By law this questionnaire must be filed with the records administrator of the
local government not later than the 7th business day after the date the person
becomes aware of facts that require the statement to be filed. See Section
176.006, Local Government Code.
A person commns an offense if the person violates Section 176.006, Local
Government Code. An offense under this section is a Class C misdemeanor.
OFFICE USE ONLY
Date Received
l!J Name of person doing business with local governmental entity.
[l
D Check this box if you are filing an update to a previously filed questionnaire.
(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than
September 1 of the year for which an activity described in Section 176.006(a), Local Government Code, is pending and
not later than the 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate.)
I!.l Describe each affiliation or business relationship with an employee or contractor of the local govemmental entity who makes
recommendations to a local government omcer of the local governmental entity with respect to expenditure of money.
~ Describe each affiliation or business relationship with a person who Is a local government officer and who appoints or
employs a local government officer of the local governmental entity that Is the subject of this questionnaire.
Hnended01l1312006
Exhibit 0
CONFLICT OF INTEREST QUESTIONNAIRE
FORM CIQ
Page 2
For vendor or other person doing business with local governmental entity
~ Name olloeal government officer with whom flier has affiliation or business relationship. (Complete this section only If the
answer to A, B, or C Is YES.)
This section, item 5 including subparts A, 8, C & 0, must be completed for each officer with whom the filer has affiliation or
business relationship. Attach additional pages to this Form CIO as necessary.
A. Is the local government officer named in this section receiving or likely to receive taxable income from the filer of the
questionnaire?
DYes
DNO
B. Is the filer of the questionnaire receiving or likely to receive taxable income from or at the direction of the local government
officer named in this section AND the taxable income is not from the local governmental entity?
DYes
DNO
c. Is the filer of this questionnaire affiliated with a corporation or other business entity that the local government officer serves
as an officer or director, or holds an ownership of. 10 percent or more?
"DYes
DNO
D. Describe each affiliation or business relationship.
~ Descrlbe any other afIlllaUon or business relaUonshlp that might cause a conflict of Interest
ZJ
Signature of person doing business with the governmental entity
Date
Amendlld01/13/2006
ACORD,. CERTIFICATE OF LIABILITY INSURANCE I DATE (MMlDDIYYYYI
8/10/2006
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Cadenhead Shreffler Insurance & Bonds ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
8701 Bedford Euless Rd Ste 450 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
Hurst TX 76053 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
(Sl?) 299~3890
INSURERS AFFORDING COVERAGE NAIC#
INSURED ~~~ INSURER A St Paul Fire & Marine Ins Co 24767
Whitmire Line Clearance, Inc.,~ INSURER B General Insurance Co of Americ 24732
A Superior Tree Systems, Inc.
8171 Highway 377 INSURER C Texas Mutual Insurance Comp~ 22945
Pilot Point TX 76258 INSURER 0 RSUI Indemnity Co 22314
I 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
I~J~ ~,9.~' POLICY NUMBER PE^L~~~.~~~);',CTIVE Pgil.fFY EXPIRA liON LIMITS
~NERAL LIABILITY v' /,,08101763 /' ~~(:;URRENCE $ 1 000 000"
1/6/2007.......... AMAGE TO RENTED
A X COMMERCIAL GENERAL LIABILITY 1/6/2006 ~gSIEaoccurence\ $ 300,000
I CLAIMS MADE Q OCCUR MED EXP (Anyone person) $ 5,000
- PERSONAL & ADV INJURY S 1,000,000 -
- GENERAL AGGREGATE $ 2,000,000'"
~'~ AGG~E~E ~~MI~ APf~SI PER PRODUCTS-COM~OPAGG $ 2,000,000
POLICY X r;:;-/9T LOC iPe"ticide or Herbicide Included
~TOMOBILE LIABILITY ..,......, COMBINED SINGLE LIMIT $ V-
B ....!... ANY AUTO r 02CE12460810 -- 1/6/2006 1/6/2007""""- (Eaaccidenl) 1,000,000
- ALL OWNED AUTOS BODilY INJURY
(Per person) $
- SCHEDULED AUTOS
--" HIRED AUTOS ,.-- BODILY INJURY
NON-OWNED AUTOS / $
--" {Per accident}
- PROPERTY DAMAGE $
(Peraccident)
~RAGE LIABILITY I AUTO ONLY - EA ACCIDENT $
ANY AUTO OTHER THAN EA ACe s
AUTO ONLY AGG $
=5ESS/UMBRELLA LIABILITY EACH OCCURRENCE $ 5,000,000
D OCCUR D CLAIMS MADE NHN033386 1/6/2006 1/6/2007 AGGREGATE $ 5,000,000
$
~ DEDUCTIBLE $
X RETENTION $ 10,000 $
C WORKERS COMPENSATION AND/, TSFOOO1l52487 ..... 1/6/2006 1/6/2007 ,.... X I T':X~3'T~Ns I -fV~-
EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNERlEXECUTIVE EL EACH ACCIDENT $ 500,000
OFFICER/MEMBER EXCLUDED? E.l. DISEASE - EA EMPLOYE $ 500,000 -
~P~~I~t~~~Si~?6rNs below E.L. DISEASE - POLICY LIMIT $ 500,000
OTHER
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
, City of Deneon;is included as Additional Insured on the General Liability policy per
policy fonn:'Forms CG0205, TE0202A and WC42060~ j(j day notice of cancellation are attached.
*10 Day notice of cancellation for non-payment of premium~
CERTIFICATE HOLDER
CANCELLATION
SHOULD ANY OF THE ABOve DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
City of Denton /' DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~l.-8AYS WRITTEN
Attn: Karen E. Smith NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
901 B. Texas Street IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES.
Denton TX 76201 AUTHORIZED REPRESENTATIVE ~ ..---
ACORD 25 (2001/08)
@ACORD CORPORATION 1988
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25 (2001/08)
rexasMutual.
Insurance Canpany
. WORKERS' COMPENSATION AND EMPLOYERS
LIABILITY INSURANCE POLICY
WC42 06 01
TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT
This endorsement applies only to the insurance provided by the polley because Texas is shown in Item 3A of the
Infonnalion Page.
In the event of cancellation or other material change of the policy, we will mail advance notice to the person or
organization named in the Schedule. The number of days advance notice is shown in the Schedule.
This endorsement shall not operate direclly or indirectly 10 benefit anyone not named in the Schedule.
Schedule
1. Number of days advance notice: 30
2. Notice will be mailed to: City of Denton
901 B. Texas Street
Denton, TX 76201
This endorsement changes the policy to which It is attached effectlv@ on the inception date of the poficy unless a different date is indicated beJow.
(The fOllOWIng kanacnlng clause'. neea tie completed orny \Nhen this endorsement Is Issued subsequent to preparation of the policy.)
This endorsement. efteclive on August 10, 2006
at 12:01 A.M. standard time, torms a part or
Poliey No. TSF0001152487
of the Texas Mutual Insurance Company
Issued to Whitmire Line Clearance, Inc.
Endorsement No.
Premium $
~1 PI, "
Authorized Representative
..
..
..
WC420801 (ED. 1-9o&J
TE 02 U2A
(Ed. Effective 3/92)
CANCELLATION PROVISION OR COVERAGE CHANGE ENDORSEMENT
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
GARAGE COVERAGE FORM
TRUCKERS COVERAGE FORM
30 days before thiS policy is cancelled or materially changed to reduce or restrict
coverage we will mail notice of cancellation or change to:
City of Denton, 901 S, Texas Street, Denton, TX 76201
(Enter Name and Address)
Form TE 02 02A
.
POLICY NUMBER: CK081 01763
COMMERCIAL GENERAL UABILITY
CG 02 05 01 96
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
TEXAS CHANGES -AMENDMENT OF CANCELLATION
PROVISIONS OR COVERAGE CHANGE
This endorsement modifies Insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
LIQUOR LIABILITY COVERAGE PART
O'MllERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART
POLLUTION LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
RAILROAD PROTECTIVE LIABILITY COVERAGE PART
In the evenl of cancellation or malerial change that reduces or restricts the insurance afforded by this Coverage
Part, we agree to mail priorwr~ten notice of cancellation or material change to:
SCHEDULE
t. Name: City of Denton
2. Address: 901 B. Texas Street, Denton, TX 76201
3. Number of days advance notice: 30
(If no entry appears above, inrormalion required to complete this endorsement will be shown in the Declaration:;
as applicable to this endorsements.)
CG 02 05 01 96
Copyright, Insurance Services Office, Inc., 1994
Page 1 of 1
o