2000-052 ORDINANCE NO ~:'~000~~)~"-~--
AN ^CCEPT O COM?ETITIVE BIDS AND AWA G A PUBLIC WOR :S
CONTACT FOR CONSTRUCTION OF A LANDFILL UFFER ZONE, ?ROVI ING
FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE
(BID 2452 - LANDFILL TREE BUFFER ZONE PHASE I AWARDED TO A & A LANDSCAPE AND
IRRIGATION, INC 1N THE AMOUNT OF $149,995)
WHEREAS, the City has solicited, and received competitive sealed bids for the construction of
pubhc works or improvements in accordance w~th the procedures of STATE law and City ordinances, and
WHEREAS, the City Manager or a designated employee has received and recommended that the
herein described bids are the lowest respondent for the construction of the public works or improvements
described in the bid invitation, and plans and specifications therein, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the following competitive sealed bid for the construction of public works or
improvements, as described in the "Sealed Bid Invitations", or plans and specifications on file in the Office
of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and
approved as being the lowest responsible bids
BID
NUMBER CONTRACTOR AMOUNT
2452 A & A Landscape and Irrigation, Inc $149,995
SECTION II That the acceptance and approval of the above competmve sealed bid shall not
constitute a contract between the City and the person submitting the bid for construction of such public
works or improvements herein accepted and approved, until such person shall comply with all
requirements specified in the Notice to Bidders including the timely execution of a written contract and
furnishing of performance and payment bonds, and insurance certificate after notification of the award of
the bid
SECTION III That the City Manager is hereby authorized to execute all necessary written
contracts for the performance of the construction of the public works or improvements in accordance with
the bids accepted and approved herein, provided that such contracts are made in accordance w~th the Notice
to Bidders and Request for Sealed Bids, and documents relating thereto specifying the terms, conditions,
plans and specifications, standards, quantities and specified sums contained therein
SECTION IV That upon acceptance and approval of the above competitive sealed bids and the
execution of contracts for the public works and improvements as authorized herein, the City Council
hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved
bids and authorized contracts executed pursuant thereto
SECTION V That th~s ordinance shall become effective ~mmed~ately upon ~ts passage and
approval
e^~^~e~ow~t~/va d~yo~ ~J~:0o0
JACK I~R, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
BID 2452 - CONTR~TU~L ORDINANCE (2-00)
ATTACHMENT 1
TABULATION SHEET
B~d# 245:2 Date 1/25/00
LANDFILL TREE BUFFER ZONE PROJECT PHASE I
iN~. [, i. i. % I ~! 1)OR~iON , ¥)NDOR VENOOR VENDOR VENDOR VENDOR
~ ~' t~i: ~i~ i~ i~J~':~i ~ American A&A
<~ < <~? ~: ~*~ ~" ~ ~ ~,'.~ Sprlnkle'N
~ ~<> ~< ~ ~:~:~ ~ ~ ~,~ Landscape Carruthem Landscape My Gardner
~ ~< < ~,~ ~ ~g~< ~: :~; ~. Sprout Landscaping
Total Base B~d $t85,000 $206,423 $157,300 $149,995 $456,517
1
Alternate - ~ Alternate ~1 ;f $6,000 $1,290 $6,876 $2,34O No Bid
2 deciduo~s tree not staked
Alternates - ~ Alternate ~2
$4,240 $2,355 $12,024 $7,110 No Bid
3 ,f evergreen plants not staked
CONTRACT AGREEMENT
STATE OF TEXAS §
COUNTY OF DENTON §
THIS AGREEMENT, made and entered into this 15 day of February
A D, 2000, by and between City of Denton of the County of Denton
and State of Texas, acting through Michael W Jez thereunto duly authorized so to do,
hereinafter termed "OWNER," and
A & A I .~ndscape & Irrigation, Inc
13758 Hwy, 380 East
Farmersvtlle, TX 75442
of the City of Farmersvdle , County of Colhn
and State of Texas , hereinafter termed "CONTRACTOR"
WITNESSETH That for and m 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
Bid 2452 - l .andfill Tree Buffer Zone Phase I
in the amount of $149,995 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, supphes, 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 m accordance with all the General Conditions of the
Agreement, the Special Condmons, the Notice to Bidders (Advertisement for Bids), and
Instructions to B~dders, as referenced harem and on file in the office of the Purchasing Agent,
and in accordance with the plans, which includes all maps, plats, blueprints, and other
drawings and printed or written explanatory matter thereof,
CA - 1
and the Spemficat~ons therefore, as prepared by
Dnnkm Sims Stoffels, Inc
all of which are referenced here~n and made a part hereof and collectively ewdence and
constitute the entire contract
Independent Status
It ~s mutually understood and agreed by and between Cxty and Contractor that
Contractor ~s an independent contractor and shall not be deemed to be or considered an
employee of the C~ty of Denton, Texas, for the purposes of income tax, w~thholdmg, social
security taxes, vacatmn or s~ck leave benefits, worker's compensation, or any other City
employee benefit C~ty shall not have superws~on 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 dxrectlon of the City Manager
of the Cxty of Denton, Texas, or his designee under th~s agreement
Indemnification
Contractor shall and does hereby agree to mdemmfy and hold harmless the City of
Denton from any and all damages, loss, or habthty of any kind whatsoever, by reason of injury
to property or third persons occasioned by any error, omission or neghgent act of Contractor,
~ts officers, agents, employees, mwtees, and other persons for whom it ~s legally liable, wxth
regard to the performance of th~s Agreement, and Contractor wdl, at its cost and expense,
defend and protect the C~ty of Denton against any and all such clatms and demands
Choice of Law and Venue
Thts agreement shall be governed by the law of the State of Texas and venue for tts
construction and enforcement shall he m the courts of Denton County, Texas
The CONTRACTOR hereby agrees to commence work on or after the date estabhshed
for the start of work as set forth in written not~ce to commence work and complete all work
within the t~me stated m the Proposal, subject to such extensions of time as are provided by the
General and Special Condmons
The OWNER agrees to pay the CONTRACTOR in current funds the price or prices
shown in the Proposal, whmh forms a part of this contract, such payments to be subJeCt to the
General and Special Cond~tmns of the Contract
CA - 2
IN: WITNESS WHEREOF, the part~es of these presents have executed thru agreemem
m the year and day first above written
ATTEST
(SEAL)
ST.
CONTRACTOR
MAILING ADDRESS
PHONE NUMBER
FAX NUMBER
~PP~OWD n~,T~ F~.~ ~.T~D N~.~
CITY ATTORNEY/ - ~" ~ ~
CA - 3
PERFORMANCE BOND
Bond No KC0622
STATE OF TEXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS That A & A Landscape and
Imitation, Inc whose address is 13758 Hw~ 380 East, Farmcrswlle, TX 75442
hereinafter called Principal, and Unzte~ States Fidelity and G~arant¥ Company ,
a corporation orgamzed and existing under the laws of the State of Texas ,
and fully authortzed to transact business m the State of Texas, as Surety, are held and firmly
bound unto the City of Denton, a mumclpal corporation orgamzed and exmtmg under the laws
of the State of Texas, hereinafter called Owner, in the penal sum of One Hundred Forty Nme
Thousand Nine Hundred Ninety Five and no/100 DOLLARS ($149,995 ) plus ten percent of
the stated penal sum as an addltmnal sum of money representing additional court expenses,
attorneys' fees, and hqmdated damages arising out of or connected with the below identified
Contract, m lawful money of the Umted States, to be paid in Denton County, Texas, for the
payment of which sum well and truly to be made, we hereby b~nd ourselves, our he,rs,
executors, admuustrators, successors, and assigns, jointly and severally, firmly by these
presents This Bond shall automatically be increased by the amount of any Change Order or
Supplemental Agreement wluch increases the Contract price, but in no event shall a Change
Order or Supplemental Agreement which reduces the Contract price decrease the penal sum of
th~s Bond
THE OBLIGATION TO PAY SAME is conditioned as follows Whereas, the
Principal entered into a cemam Contract, ~dentlfied by Ordinance Number 2000-052, with the
City of Denton, the Owner, dated the 15 day of February A D 2000, a copy of
which Is ,hereto attached and made a part hereof, for Bid # 2452 - Landfill Tree Buffer Zone
Phase I
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill
all of the undertakings, covenants, terms, cond~nons and agreements of smd Contract In
accordance with the Plans, Specifications and Contract Documents during the original term
thereof and any extension thereof which may be granted by the Owner, w~th or w~thout nonce
to the Surety, and during the life of any guaranty or warranty reqmred under this Contract, and
shall als0 well and truly perform and fulfill all the undertakings, covenants, terms, condltmns
and agreements of any and all duly authorized modifications of smd Contract that may
hereafter be made, notice of which modifications to the Surety being hereby wa,ved, and, ~f thc
Principal shall repatr and/or replace all defects due to faulty materials and workmanship that
appear within a period of one (1) year from the date of final complenon and final acceptance of
the Work by the Owner, and, if the Principal shall fully lndemmfy and save harmless the
Owner from all costs and damages which Owner may suffer by reason of failure to so perform
hereto and shall fully reunburse and repay Owner all outlay and expense which the Owner may
recur ~n Imakmg good any default or deficiency, then thru obhganon shall be void, otherwise, ~t
shall rem-am ~n full force and effect
PB - 1
PROVIDED FURTHER, that ff any legal acuon be filed upon this Bond, exclumve
venue shall he m Denton County, State of Texas
AND PROVIDED FURTHER, that the smd Surety, for value recmved, hereby
stipulates and agrees that no change, extenmon of t~me, alteraUon or addmon to the terms of
the Contract, or to the Work to be performed thereunder, or to the Plans, Spemficatlons,
Drawings, etc, accompanying the same, shall m anywise affect ~ts obllgaUon on thru Bond,
and ~t does hereby wmve notice of any such change, extenmon of tune, alteration or addition to
the terms of the Contract, or to the Work to be performed thereunder, or to the Plans,
Spemfications, Drawings, etc
Thru Bond m g~ven pursuant to the provm~ons of Chapter 2253 of the Texas
Government Code, as amended, and any other applicable statutes of the State of Texas
The undermgned and demgnated agent m hereby demgnated by the Surety hereto as the
Resident Agent m Denton County to whom any reqmmte notices may be dehvered and on
whom serwce of process may be had m matters ammng out of such suretyship, as provided by
Amcle 7 19-1 of the Insurance Code, Vemon's Annotated C~vd Statutes of the State of Texas
IN WITNESS WHEREOF, thru instrument ~s executed ~n 4 cop~es, each one of
which shall be deemed an omg~nal, thru the 15 day of February , 2000
ATTEST PRINCIPAL
BY
~[k~%~[~ WITNESS SURETY
y~ Unmted States Fmdelmty and Guaranty Company
ATTORNEY-IN-FACT --
Elnora Cruthxs
The Resident Agent of the Surety m Denton County, Texas for dehvery of not,ce and serwce
of the process m
NAME PCL Insurance Agency
STREET ADDRESS 206 Elm, Suxte 105, Lewzsv~lle, TX 75067
(NOTE Date of Performance Bond must be date of Contract If Resident Agent ts not a
corporatton, gtve a person's name )
PB ~ 2
PAYMENT BOND
Bond No KC0622
STATE OF TEXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS That A & A Landscape & Imgatton,
Inc, whose address xs 13758 Hwy, 380 East, Farmerswlle, TX 75442 ,
heremafter called Pnnctpal, and Un~_ted States Fxdelxty and Guaranty Company ,
a corporatmn orgamzed and existing under the laws of the State of Texas , and fully
authorized to transact business m the State of Texas, as Surety, are held and firmly bound unto
the City of Denton, a mumctpal corporatton orgamzed and existing under the laws of the State
of Texas, hereinafter called Owner, and unto all persons, firms, and corporanons who may
furmsh materials for, or perform labor upon, the bmldmg or nnprovements hereinafter referred
to, m the penal sum of One Hundred Forty Nme Thousand N~ne Hundred Ninety F~ve and
no/100 DOLLARS ($149,995 ) m lawful money of the United States, to be pa~d tn Denton,
County, Texas, for the payment of wfuch sum well and truly to be made, we hereby brad
ourselves, our hetrs, executors, admamstrators, successors, and asstgns, jomtly and severally,
firmly by these presents Thts Bond shall automaUcally be increased by the amount of any
Change Order or Supplemental Agreement whtch increases the Contract price, but m no event
shall a Change Order or Supplemental Agreement which reduces the Contract price decrease
the penal sum of this Bond
THE OBLIGATION TO PAY SAME ~s cond~noned as follows Whereas, the
Prmmpal entered rote a certain Contract, tdenttfied by Ordinance Number 2000-052, wtth the
Cxty of Denton, the Owner, dated the 15 day of February A D 2000, a copy of
whmh ~s hereto attached and made a part hereof, for Bid 2452 - Landfill Tree Buffer Zone
Phase I
NOW, THEREFORE, ~f the Prmmpal shall well, truly and fmthfully perform ~ts duties
and make prompt payment to all persons, frans, subcontractors, corporations and clatmants
supplying labor and/or material m the prosecutmn of the Work promded for in smd Contract
and any and all duly authorized modfficattons of satd Contract that may hereafter be made,
nonce of which modtficattons to the Surety being hereby expressly wmved, then this obhgat~on
shall be vmd, otherwtse xt shall remain m full force and effect
PROVIDED FURTHER, that tf any legal action be filed on th~s Bond, exclusive venue
shall he tn Denton County, Texas
AND PROVIDED FURTHER, that the smd Surety, for value received, hereby
snpulates and agrees that no change, extenston of nme, alteranon or addttmn to the terms of
the Contract, or to the Work to be performed thereunder, or to the Plans, Specfficattons,
Drawings, etc, accompanying the same, shall tn anywise affect ~ts obhgat~on on thts Bond,
and ~t does hereby watve nottce of any such change, extension of tune, alteration or addmon to
the terms of the Contract, or to the Work to be performed thereunder, or to the Plans,
Specfficatlons, Drawings, etc
PB ~ 3
Ttus Bond m given pursuant to the provisions of Chapter 2253 of the Texas
Government Code, as amended, and any other applicable statutes of the State of Texas
The undersigned and designated agent m hereby designated by the Surety hereto as the
Resident Agent m Denton County to whom any requisite notices may be delivered and on
whom servtce of process may be had in matters arising out of such suretyship, as provided by
Article 7 19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas
IN WITNESS WHEREOF, this instrument is executed ~n 4 copies, each one of
whxch shall be deemed an original, thru the 15 day of February, 2000
ATTEST PRINCIPAL
A & A~pe &z'I~rr,;4gat~o~ Inc
~kFk~]( WITNESS SURETY
BY -~ ~..~ ~A~)~ .0.~_ BY ~ _~/~~~ Unzted States Fidelity and Gu~ranty CompanYATTORNEY.iN_ m
Elnora Cruthms
The Resident Agent of the Surety m Denton County, Texas for delivery of notice and service
of the process is
NAME PEL Insurance Agency
STREET ADDRESS 206 Elm, Suxte 105, Lem_svxlle, TX 75067
(NOTE Date of Payment Bond must be date of Contract If Restdent Agent ts not a
corporation, gtve a person's name )
PB - 4
POWER OF ATTORNEY
Seaboard Surety Company Emted States Fidelity and Guaranty Company
St Paul Fire and Marine Insurance Company Fidelity and Guaranty Insurance Company
St Paul Guard]an Insurance Company F~delity and Guaranty Insurance Underwriters, tnt
St Paul Mercury Insurance Company
Power of Attorney No 21012 CerOficate No
KNOW ALL MEN BY THESE PRESENTS That Seaboard Surety Company m a corporation duly orgamzed under the laws of the State of New York and that
St Paul F~re and Marine Insurance Cmnpany St Paul Guarthan Insurance Company and St Paul Mercury Insurance Company arc corporations duly orgamzed under
the laws oi the State of Minnesota ~nd that United States F&dei~ty and Guaranty Company iq a corporation duly organt?ed under the laws of the State of Maryland and
that F]dehty and Gualaaty Insurance Company is a corporataon duly orgamzed under the laws of the State of Iowa and that F~dehty and Guaranty Insurance
Underwnteis Inc ~s a corporation duly organized under the laws of the State of Wisconsin (hereto ~ ollecttvely called the Compante~ ) and that the Compameq do
hereby make constitute and appoint
Elnora Cmthts, Derrell C Dodson, Douglas Moore, Sam J Mulhs, Jr, Jowana Bryant and Sheda M Young
Dallas Texas the~ truc and lawful Attorney(s) m Fact
of the C~ty ol State
each ill their separate capacity if more than one is named above to sign its annie as surety to and to execute seal and ackntlwledge any and all bonds tmdertaklngs
contracts and other written mstcuments in the nature thereof on behalf of the Com~ameq tn their business of guaranteeing the ftdehty of persons guaranteeing the
performance of contractq and executing or guaranteeing bonds and undertakm acuons or pmceethngs allowed by law
~ October 1999
IN WITNESS WHERI~ OF of
Seaboard Surety Company ~mted States Fulebty and Guaranty Company
St Paul Fire and Fidelity and Guaranty Insurance Company
St Paul Fulehty and Guaranty Insurance Underwriters, lm
SL Paul Mercury ~
MICHAFL B KEFGAN V~ce President
State ol Maryland MICHAEL R MCKIBBEN Assist mt Secretary
City of Baltimore
On thl~ 5ill day of October 1999 before me the undersigned olhcer personally appeared Michael B Keegan md
Mmhael R McKibben who acknowledged themselves to be the Vice President and Assistant Secretary respecuve]y of Seaboard Surety Company St Paul Fire and
Manne Insurance Company St Paul Guardian Insurance Company St Paul Mercury Insurance Company Umted States F~dehty and Guaranty Company F~dchty md
Guaranty Insurance Company and Fldebty and Guaranty Insurance Underwriters lac and that they as such being authon/ed so to do executed the fl)regomg
instrument for die purposes thereto contained by signing the names of the corporauons by themselves as duly autbon?ed othcerq
in Witness Whereof,, hereunto set my hand and official seal Q ~~
My Comm~ssmn expires the 13th day of July 2002
REBECCA EASLEY ONOKALA Notary Pubhc
86203 Ed 5 99 Printed m U S A
This Power of Attorney ~s granted under and by the authority oi tbe following reqolutlons adopted by the Boards of D~rector~ of Seaboard Surety Company St Paul
FIru and Marine Insurance Company St Paul Guardmn Insurance Company SI Paul Mercury Insurance Company Umted States Fldehty and Guaranty Comp*my
F~dehty and Guaranty Insurance Company and Fldehty and Guaranty Insurance Undurwrlter~ lnc on September 2 1998 which resolutmns are now m full force and
effect reading as follow,
RESOLVED, that m connection w~th thc I~dehty and ~urety ~n~urance busmes~ ot the Company all bonds undertahngs contracts and other lnqmment~ relating
to ~ald buqmess may be signed executed and acknowledged by pcrson~ or ent~tlcs appointed as Attorney(q) In Fact pursuant to a Power of Attorney issued in
accordance w~ these ~csolut~ons Sa~d Power(s) of Attorney Ior and on behalf of the Company may and ~hall be executed m the name and on behalf ol ~he
Company el~er by the Cbalm~an or the Prestdem or any Vice President or 'm Assistant V~ce ~es~dent Jointly with ~e Secretary or an Aqslqtant Secmt~
under ~e~r respective des~gnatmns The s~gnature ol such officers may bc engraved prmt~ or hthographed The s~gnature ol each of the foregoing officers and
~he seal ot the Company may be alhxed by facs~mde to any Power of Attorney or to ~y certificate relating thereto appointing Attorney(s) ~n Fact lor pu~oses
only of executing and atteqmg bond~ and unde~akmg~ and other writings obhgato~ m the nature thereol and subject to any hm~tat~ons set Iorth there~n any
such Power of Attorney or ceml;cate bearing such Iac~mde stgnature or facs~mde seal shall be vahd and binding upon the Company and any such power so
executed and certified by such facsmule stgnamre and facs~mde seal shall be vabd and binding upon the Company w~th respect to any bond or undertaking to
whtch ~t ~s v~dly attached and
RESOLVED FURTHFR, that Attorney(s) m Fact shall have thc power and authority and ~n any case subJ<t to the ~rms and hm~tatlons ol the Power of
Attorney :ssued them m execute and dehver on behalf of the Company and to attach the seal ot the Company to any and all bonds and undertakings and other
writings obhgatory m the nature thereof and any such instrument executed by quch Attorney(Q ~n Fact shall be as binding upon the Company as ~f stgned by an
Execunve Officer and sealed and attested to by the Secretary ol the Company
I Mmhael R McK~bben Assistant Secrctmy of Seaboard Snrety Company St Paul F~re and Marine Insurance Company St Paul Guardmn Insurance Company
St Paul Mercu~ Insurance Company Umted State~ Ftdebty and Guaranty Company F~dehty and Gu~anty Insurance Comply and Ftdebty and Guaranty Instance
Underwriters lnc do hereby ccmly that the above and foregoing ~s a t:ue and correct copy o~ ~e Powe; of Attorney ex<uted by sa~d Compames which m m full force
and effect and has not been revoked
IN TESTIMONY WHEREOF, I hereunto set my hand th~s 15th day of February 2000
To vem~ the authen~ty of tht~ Power of Attorney, call 1 800 421 J~ rney clerk Please refer to the Power of A~orney number,
the above named md~v~uals and the detatla of the bond to wh~d~t ~
CITY OF DENTON
INSURANCE REQUIREMENTS FOR CONTRACTORS
Btdder's attention ts directed to the msurance requtrements below. It ts htghly recommended
that bidders confer with their respective insurance carriers or brokers to determine tn advance
of Btd submission the avadablltty of insurance certtficates and endorsements as prescrtbed
and provlded herem If an apparent low btdder fads to comply strtctly wtth the tnsurance
requtrements, that bidder may be disqualifted from award of the contract. Upon bid award, all
insurance requirements shall become contractual obhgattons, whtch the successful btdder
shall have a duty to matntain throughout the course of thts contract
STANDARD PROVISIONS:
~Ytthout hmtttng any of the other obltgattons or habthttes of the Contractor, the Contractor shall
provtde and matntatn unttl the contracted work has been completed and accepted by the City of
Denton, Owner, the mtntmum tnsurance coverage as mdtcated heretnafter
As soon as practicable after nottficatton of btd award, Contractor shall file wtth the Purchasmg
Department sattsfactory certificates of insurance, contatntng the btd number and tttle of the
project Contractor may, upon wrttten request to the PurchastngDepartment, ask for
clartficatton of any tnsurance requirements at any ttme, however, Contractors are strongly
advised to make such requests prtor to btd opening, since the msurance requtrements may not be
modified or watved after btd opentng unless a wrttten exceptton has been submttted wtth the btd
Contractor shall not commence any work or dehver any material until he or she receives
nottficatton that the contract has been accepted, approved, and stgned by the City of Denton
All msurance pohctes proposed or obtatned tn sattsfactton of these reqmrements shall comply
wtth the following general spectficattons, and shall be matntatned tn comphance with these
general spectficattons throughout the duratton of the Contract, or longer, tf so noted
· Each pohcy shall be Issued by a company authorized to do bumness m the State of
Texas w~th an A M Best Company rating of at least A
· Any deductibles or self-insured retentmns shall be declared tn the b~d proposal If
requested by the C~ty, the insurer shall reduce or ehmmate such deducttbles or
self-insured retentions voth respect to the City, ~ts officmls, agents, employees and
volunteers, or, the contractor shall procure a bond guaranteeing payment of losses
and related mvest~gatmns, elmm adm~mstratlon and defense expenses
· L~abdxty pohc~es shall be endorsed to prowde the following
** Name as additional ~nsured the C~ty of Denton, ~ts Officials, Agents,
Employees and volunteers
· . That such msurance is pnmary to any other ~nsurance avalable to the
adrhttonal insured w~th respect to clams covered under the pohcy and that th~s
msurance apphes separately to each insured agmnst whom clam is made or
sat is brought The ~nclus~on of more than one insured shall not operate to
~ncrease the msurer's hm~t of liability
· All pohc~es 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 WRITTEN NOTICE IS REQUIRED';
· Should any of the reqmred msurance be prowded under a clams-made form,
Contractor shall mantan such coverage contmuously throughout the term of th~s
contract and, w~thout lapse, for a period of three years beyond the contract
expiration, such that occurrences ansmg dunng the contract term which give nsc to
clams made at, er expirat~on of the contract shall be covered
· Should any of the reqmred ~nsurance be prowded under a form of coverage that
xncludes a general annual aggregate hmxt prov~dxng for clams xnvestigat~on or legal
defense costs to be ~ncluded m the general annual aggregate hm~t, the Contractor
shall e~ther double the occurrence hmxts or obtan Owners and Contractors Protective
Lmbfltty Insurance
Should any reqmred insurance lapse dunng the contract term, requests for payments
ongmat~ng at, er such lapse shall not be processed until the C~ty receives satisfactory
evidence of reinstated coverage as required by th~s contract, effective as of the lapse
date If insurance ~s not reinstated, C~ty may, at 1ts sole option, terminate th~s
agreement effective on the date of the lapse
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS:
All tnsurance pohctes proposed or obtamed tn sattsfactwn of thts Contract shall addtttonally
comply wtth the followtng marked specifications, and shall be mamtatned m comphance wtth
these ad&ttonal spectficat~ons throughout the duration of the Contract, or longer, tf so noted
IX] A General L~abfllty Insurance.
General Lability msurance w~th combmed smgle hm~ts of not less than $500,000
shall be prowded and mantaned by the Contractor The policy shall be written on
an occurrence bas~s e~ther ~n a s~ngle pohcy or in a combination of underlying and
umbrella or excess pohc~es
If the Commercial General Lmbthty form (ISO Form CG 0001 current ed~tmn) ~s
used
· Coverage A shall Include premises, operations, products, and completed
operations, independent contractors, contractual habfllty covenng this
contract and broad form property damage coverage
· Coverage B shall include personal ~njury
· Coverage C, mechcal payments, is not reqmred
If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition
and ISO Form GL 0404) is used, ~t shall ~nclude at least
· Bodily InJury and Property Damage Llablhty for premises, operations,
products and completed operations, independent contractors and property
damage resulting from explosion, collapse or underground (XCU)
exposures
· Broad form contractual hablhty (preferably by endorsement) covenng flus
contract, personal injury habthty and broad form property damage habfllty
[X] Automobile Lmbillty Insurance'
Contractor shall provide Commercial Automobile Llablhty insurance with Combined
Single Limits (CSL) of not less than $300,000 either m a single policy or in a
combination of basic and umbrella or excess pohcaes The policy will include bodily
~njury and property damage hablhty arising out of the operation, maintenance and use of
all automobiles and mobile equipment used in conjunction with this contract
Satmfaetion of the above requirement shall be in the form of a pohcy endorsement for
· any auto, or
· all owned, h~red and non-owned autos
[X] Workers Compensation Insurance
Contractor shall purchase and maintain Worker's Compensation ~nsurance which, ~n
addition to meeting the m~mmum statutory reqmrements for ~ssuance of such ~nsurance,
has Employer's Liability hm~ts of at least $100,000 for each accident, $100,000 per each
employee, and a $500,000 pohcy limit for occupational d~sease The City need not be
named as an "Addmonal Insured" but the insurer shall agree to waive all rights of
subrogation against the City, its officmls, agents, employees and volunteers for any work
performed for the C~ty by the Named Insured For building or construction projects, the
Contractor shall comply with the provisions of Attachment 1 m accordance with
§~06 096 of the Texas Labor Code and role 28TAC 110 110 of the Texas Worker's
Compensation Comm~ssion (TWCC)
Owner's and Contractor's Protective Liability Insurance
The Contractor shall obtain, pay for and maintain at all times dunng the prosecution of
the work under thzs 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 cames the Contractor's hablhty insurance Pohc¥ limits will be at least
combined bodily injury and property damage per occurrence with a
aggregate
Fire Damage Legal Liability Insurance
Coverage is reqmred if Broad form General Llablhty is not provided or is unavoalable to
the contractor or ifa contractor leases or rents a port~on ora City budding 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
reqmred under this Agreement
[ ] Builders' Risk Insurance
Builders' P, ask Insurance, on an All-l~sk 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
[ ] Additional Insurance
Other insurance may be required on an individual basis for extra hazardous contracts and
specific service agreements If such additional insurance ~s required for a specific
contract, that reqmrement will be described in the "Specific Conditions" of the contract
specifications
ATTACHMENT 1
IX] Worker's Compensation Coverage for Budding or Construction Projects for
Governmental Ent~tles
A Definitions
Certificate of coverage ("certfficate")-A copy of a certificate of insurance, a
certificate of anthonty to selfqnsure issued by the commission, or a coverage
agreement (TWCC-81, TWCC-82, TWCC-g3, or TWCC-84), showing statutory
workers~ compensatmn insurance coverage for thc person's or entity% employees
providing services on a project, for the duratmn of the project
Duration of the project - includes the time from the beginning of the work on the
project until the contractor's/persun'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 ent~tles performing all or part of the services the contractor has undertaken
to perform on the project, regardless of whether that person contracted d~rectly with
the contractor and regardless of whether that person has employees This includes,
without hmltatlon, ~ndependent contractors, subcontractors, leasing compames,
motor careers, owner-operators, employees of any such entity, or employees of any
entity which furnishes persons to provide services on the project "Services" include,
without hm~tat~on, promdlng, hauling, or dehvenng equipment or materials, or
prowdlng labor, transportation, or other service related to a project "Services" does
not include act~vmes unrelated to the project, such as food/beverage vendors, office
supply dehvenes, 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 prowde 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
dunng the duration of the project, the contractor must, prior to the end of the
coverage period, file a new certificate of coverage w~th the governmental entity
showing that coverage has been extended
E The contractor shall obtmn from each person prowdlng serwees 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 w~ll have on file certfficates 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, tf the coverage period shown on the
current certificate of coverage ends dunng the duration of the project
F The contractor shall retmn all mqmred certificates of coverage for the duration of the
project and for one year thereafter
G The contractor shall notify the governmental entity ~n 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 prowdlng
services on the project
H The contractor shall post on each project rote a notme, in the text, form and manner
prescribed by the Texas Workers' Compensation Conumsslon, ~nform~ng all persons
prowdang services on the project that they are reqmred to be covered, and stating
how a person may verify coverage and report lack of coverage
I The contractor shall contractually reqmre each person w~th whom ~t contracts to
provide services on a project, to
(1) provide coverage, based on proper reporting of classfficatmn codes and payroll
amounts and fthng of any coverage agreements, which meets the statutory
reqmrements of Texas Labor Code, Section 401 011(44) for all of its
employees promdmg services on the project, for the duratton of the project,
(2) provide to the contractor, prior to that person begmmng work on the project, a
certificate of coverage showing that coverage ~s 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 certfficate of coverage ends dunng the duration of the project,
(4) obtain from each other person with whom it contracts, and provide to the
contractor
(a) a cemficate of coverage, prior to the other person beginning work on the
project, and
(b) a new certificate of coverage showing extension of coverage, prior to the
end of the coverage period, if the coverage period shown on the current
certificate of coverage ends dunng the duration of the project,
(5) retain all required cemficates of coverage on file for the duration of the project
and for one year thereafter,
(6) notify the governmental entity m writing by cemfied mml or personal delivery,
within 10 days after the person knew or should have known, of any change that
matenally 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
&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 w~th the appropriate insurance earner or, in the
case of a self-insured, with the commission's Division of Self-Insurance Regulation
Providing false or misleading reformation may subject the contractor to
admimstratlve 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 af the contractor does not remedy the breach within ten days after
receipt of notice of breach from the governmental entity
Bid 2452 - LANDFILL TREE BUFFER ZONE PHASE I-CONTRACT & INS 2-00
~ -- Proposal {Bid) Form
A & A LANDSCAPE & IRRIGATION, IHt,
13758 HWY 380 EAST
FARMERSVILLE, TX 75442
Tsme 2 O0 p m
Date January 25, 2000
To Purchamng Agent
C~ty of Denton, Texas
901-B Texas Street
Denton, Texas 76201
Gentlemen
The undermgned hawng examined the Contract Documents entItled
Landfill Tree Buffer Zone Project, Phase I
Bid//2452
And hawng vimted the site of the proposed construction, and hawng fam,hanzed h~mself w~th
the local cond,t~ons affecting the cost of the work, and w,th all addenda to the smd
documents, hereby proposeds to furnish all superws~on, labor, materials, eqmpment, tools, and
accesson~s and to do all work ,n accordance w~th smd documents and addenda thereto for
the stipulated s~um ~f .........
Totel Sese Bid '
T0tPl Ma~ermls Incoroorated ~nto the Prmect $ ~1~;~ -"
Tpl~ll L{~bor. Suoerwmon and Matermls Not Incoroorated ~nto the Promct$~~-~
D~WP~OU. AND~DENT~MNL I0t,~1/20001 00300- 1
ALTERNATES
AIt~mete #1 - Delete the ,nstallatlon of the staking for all demduo,s plants as per the
Deduct
plans and SPecifications
F'=~.-m~ i~.~e.~ ~ ~ Dollars (~~)
Total Base IBrd '
Total Mate!,als Incoroorated ~nto the Pro~ect $ t ;,~d~
Total Labor. Suoerwmon and Materials Not Incorporated tnto the Pro~ect$ -/c~/~ .
Deduct Alternate #2 - Delete the ,nstallatlon of the staking for all evergreen plants as per the
plans and Spemf,cat~ons
~ _~-..-.-f~e..~ .t °~.//ee Dollars (9 ?; ItZ~ "--' )
Total Basel B,d '
Total Materials Incoroorated ,nto the Pro~ect ~ ~
Total Labor. Suoervm~on and Mater,als Not Incoroorated ~nto the Prmect$ ~_ .~4.~ ~
00300- 2
UNIT PRICES.
The undersigned agrees that the following umt prices w,II apply to adjust quantities of
materials ~d,cated on drawings Pr,ces are for materials furmshed and ~nstalled It ~s further
agreed that the quantities of work to be dona at umt pnces and material to be furmshed may
be ~ncreas~d or d~m,nlehed, as may be considered necessary ~n the opinion of the Owner's
Representative, and that all quant,ties of work, whether ~ncreased or decreased, are to be
performed,at the umt prices set forth below except as prowded for ~n the spemflcat~ons All
umt prices, are for addition or deletmn
SITE IRRIGATION COMPONENTS (FURNISH AND INSTALL)
Bubbler ~ ~'z3 ~-' Dollars each
Qumk Coupler Valve w~th Box (?3e.0.~ J '/~[ ~ Dollars each
12 ~nch Pop-up Spray Head ~ ~ ~ Dollars each
e ~5' ~ Dollars each
4 ~nch Pop-up Spray Head
Pop-up Rotor ~/~.-3.~'~ ~ J~4~ ~-' Dollars each
Statmn Valve ('~.°' ~, · ! ~.~ ~ Dollars each
2 tach p~pe ~ / ~ Dollars per L F
1% ~nch pipe e J ~'~ Dollars per L F
1 ~ ~nch p~pe ~ --- Dollars per L F
fl I ~ Dollars per L F
1 ~nch p~pe
% tach pipe s ~ ~ Dollars per L F
~ tach pipe / , Dollars per L F
PLANT MATERIALS {FURNISH AND INSTALL, AS PER PLANS)
Canopy Trees
Pecan ~ J~/,5' ~ Dollars each
Sweetgum ~ IL.~' ~ Dollars each
Chinese P~stache ~ I'~ ~ Dollars each
Bur Oak ~ J'~ ~ Dollars each
Lacebark Elm $1'7~ ~ Dollars each
Red Cedar 111 t,~43 ~. Dollars each
O~WP~O~e*ND~J~J~:MNI. I01~1/~0~01 00300' 3
Afghan P~ne ~ I?~ ~ Dollars each
Bald C~ypress Sl/-,,'~' ~ Dollars each
Underatorv Trees'
Oklahbme Red Bud ~ I~/~ ~ Dollars each
Possumhaw Holly Dollars each
Mexican Plum ~ 1'7~ ~ Dollars each
Burfo~d Holly s2-5~ ~ Dollars each
Stevens Holly a~.$~' ~ Dollars each
Large Tree Staking # 1~* ~ Dollars each
~ I~ ~ Dollars each
Mult~-trunked tree staking
Tree staking on Berm slope ~ j~ ~o_ Dollars each
BIDDER understands the statements and Owner's object~ves contained ~n SECTION 01010 --
Summervlof Work.
ADDENDA
This w~ll ,acknowledge receipt of the following addenda which are part of the B~dd~ng
Documents'
Addendum No ---- Addendum No .....
Addendum No ~- Addendum No ~
The undersigned bidder hereby declares that he has ws~ted the site of the work and has
carefully examined the Contract Documents perta~mng to the work covered by the above b~d,
and he further agrees to commence work w~thln ten (10) days after date of written not,ce to
proceed and to substantially complete the work on which he has b~d w~th~n
consecutive calendar days subject to such extensions of time allowed by specifications
The undermgned bidder agrees that h~s bid shall be good and may not be w~thdrawn for a
per~od of 60 calendar days after the scheduled closing t~me for rece~wng b;ds
The undersigned b~dder understands that the Owner reserves the r;ght to reject any or all b~ds
and to waive any mformaht~es m the b~dd~ng
BID GUARANTY'
Enclosed With th~s B,d ~s a Cer~f,ed Check for
--- DOLLARS ($ -- ),
or a Bid Bond In the sum of
which ~t ~slagreed shall be collected and retained by the Owner as hqu~dated damages ~n the
event th~s B~d ~s accepted by the Owner within s~y (60) days a~er the b~ds are received and
the undersigned finis to execute the Contract and the required Bonds w~th the satd Owner
w~th~n ten (10) days a~er the date said B~d ~s accepted, otherwise sa~d check or bond shall
be returned to the undersigned upon demand
Co'ntractor (firm name)
T~tle
Address
~'~_~_~.~J tu.E~ _ '"[%~/ ~'~4¢ Z,. (If corporation, attest and
C~ty, State, ZIP Code' affix a Corporate Seal)
-
Telephone
(End of Seotion)
3-21-20{~0 3 OBPM FRDM FORBES-TROXEL INS 972 772 33/14- P 2
AcoRD. CERTIFICATE OF LIABILI INS
THIS CE~'~ ~iCATE IS ISSUED AS A ~R OF INFORMATION
ONLY AND CONFE~ NO RIGHTS UPON THE CERTIFI~TE
ffo~es-~=oxeZ Zn~=~ ~n~ HOLDER THIS CERTIFICATE DOES NOTAMEND EXTEND OR
~ox 126~ ALTER THE CO~GB AFFORDED BY THE POLICIES BELOW
~o=~1~ ~ 7BOgq-Z2E7 I INSURERSAFFORDfNGCOVE~GE
972-772-3333 ~ 972-772-3344 ~ _
INSURERS TeX~S Workers Co~_ ~ns
In=
CO~GES
I con~a~tual L~ PER FO~ CIO0-01 [ .... / --' "
X t ~Aufo ~50390336 05/06/99 05/06/00 ~-- I
l ea~,a~lLrW ~OONLY ~ID~N_~ S
i ~CE~ UAB~UW / ~CH OCC~..~C~ '~ 1,000,~00
OCCUR ~ C~IM~UADF ~50390336 05/06/99 05/06/00 AGOR/~A~C
TSF124215 01 05/12/99 05/12/00 , CL DI~S~MPLOYE~
· ~spment Floate= ~50390336 07/19/99 05/06/00
De~ctible [ I ~00 00
OfflCZals, ~ents, Empl~ees ~ vol~e=s ar~ n~ed as an A~dztlonal
3-21-2000 3 06PM FROM FORBBS-TROXEL INS 972 772 3344 P 3
MAR tS ,~000 2 22PM OHIO CA~URLTY MO
~ilv~ Pi~ Oo~ment 1~'01 37
~ o~/ls/oo
ISO CGL-~
POLI~ ~ER. BKO50390336 ~ 0~ 05 0= 96
T~ ~S - ~ OF ~.~.~TION
Thi~ endor~e~nu modifies insuramOe D~i~d ~e~ the following
CO~CI~ ~ L!~ILITY C~E P~T
O~ ~D C~TORS PR~CTI~ L~ILI~ CO~E P~T
~OLL~ION ' L~ILI~ CO~E
~IL~ ~OTNCTI~ LI~ILI~ COV~E P~T
NaMe Cx~y of Danton
Add£~um VUI-~ £exas bg s Denton. TX 76207
Numbe= o~ days advance notice. 30
tonight, Inm~rance Se~ice~ off&ce, Inc , 1994
3-28-2~0 2 17PM FROM FORBES-TROXEL INS 972 772 33~& P 1
4C_O_RO. CERTIFICATE OF LIABILITY INSURANCF c .
03/2U/UU
P~DUC~ THIS ~Yi~iCATE IS ISSUED AS A ~ER OF INFORMATION
ONLY AND CONFER~ N~ RIGHT~ I IP~N THE CERTIFICATE
Fotbes-Troxel Insur~ce ~ HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
P 0 Box 1267 ALTER TH~ COVE~GE AFFORDED ~Y THE POLICIES BELOW
~oc~wall TX 7508T-1Z67 INSURERS AFFORDING COVE~GE
Phone 972-772-3333 Fax 9~2-772-3344
Texas Workers Com~ I~
' GENE~tLIABI~ ~CH O~URRENCE- [ $ ~t.~O0,000
I
~C~ELIABIU~ [ ~ 05/06/99 05/06/00 ~.~ ~ s
A ~ ~u. ~ C~AO~ ~50390336 ....
Do~uct~l~ ~~1 ] 500 00
Insure~ ~der ~e GL pol~ GL ~n=lu~s Pr~ Non-Contr~buto~
en~ors~ent GL ~n~ Wo=kers Comp =nclu~ W~=ver of S~roqat~on ~n favor of
s~ /C~ncellat~on Clause repla=e~ w=~ ~rs~ CG0205 &TE0202 attached
Denton TX 76201
AGORD AS ~ (7m7) ~AGORD GORPO~TION 1988
3-2B-2000 2 18PM FROM FDRBES-TRDXEL INS 972 772 33AA P 2
MAR ~8 2OB0 E BBPM OHIO CASUALTY NO
< 03/28/00 ~lve~ Pl~ Do~n~ 14 ~9-57
~tlver Pla User ID: GITI
POLICY NUMBEK BAWS0390336
~L~TION P~SION O~ ~ ~ ~DO~
~S endorsemen~ ~difles in~uTance pr~ided ~er ~h~ ~ollow~n~
TRU~ C~R FO~
oancella~ion or =h~e ~o.
cz~y of D~nton
-- 901-B TeXas S~
~igh~ - TIO Se~io~o~ Inc. - 199~