1999-452 ORDINANCE NO ~-~/-~
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL
CONTRACT FOR THE PURCHASE OF TREE TRIMMINO SERVICES, PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE (BID 2426
- TREE TRIMMINO AWARDED TO HORTON TREE SERVICES 1N THE ANNUAL
ESTIMATED AMOUNT OF $250,000)
WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase
of necessary materials, equipment, supplies or servxces m accordance wRh the procedures of STATE
law and City ordinances, and
WHEREAS, the City Manager or a demgnated employee has reviewed and recommended
that the hereto described bids are the lowest responsible bids for the materials, equipment, supphes
or services as shown in the "Bid Proposals" submitted therefore, and
WHEREAS, the City Council has prowded in the City Budget for the appropnatxon of funds
to be used l for the purchase of the matemals, eqmpment, supphes or services approved and accepted
herein, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the numbered items in the followuig numbered bxds for materials,
equipment, supplies, or services, shown m the "B~d Proposals" on file m the off]ce of the Purchasing
Agent, are hereby accepted and approved as beuig the lowest responsible b~ds for such xtems
BiD ITEM
NUMBER NO VENDOR AMOUNT
2426 1 Horton Tree Service $ 65
2426 2 Horton Tree Servxce $1 20
2426 3 Horton Tree Servxce $ 90
2426 4 Horton Tree Service $1 30
SECTION II That by the acceptance and approval of the above numbered ~tems of the
submitted bids, the Cxty accepts the offer of the persons submxttmg the bids for such ~tems and
agrees to purchase the materials, equipment, supplies or services m accordance with the terms,
specifications, standards, quant~txes and for the specxfied sums contained m the Bxd Invitations, Bid
Proposals, and related documents
SECTION III That should the Cxty and persons submitting approved and accepted xtems
and of the submitted bxds w~sh to enter Into a formal written agreement as a result of the acceptance,
approval,[ and awarding of the b~ds, the City Manager or hm designated representative IS hereby
authorized to execute the written contract wluch shall be attached hereto, prowded that the written
contract Is in accordance with the terms, conditions, spemficatlons, standards, quantltxes and
specified sums contained in the B~d Proposal and related documents hereui approved and accepted
SECTION IV That by the acceptance and approval of the above numbered items of the
submxtted bids, the City Council hereby authorizes the expenditure of funds therefor in the mount
and xn accordance w~th the approved bids or pursuant to a written contract made pursuant thereto as
authonzed~ herein
SECTION V That fins orchnance shall become effective immediately upon its passage and
approval
PASSED AND APPROVED this day of ~[~1!:~, 1999
JAC~L/LER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
2426 SUPPLY 0RDINANCE
ATTACHMENT 1
TABULATION SHEET
Bid # 2426 DATE 11-16-99
TREE TRIMMING
i ;Qty,] I; ~DB$~R!PT!O.~,N , , ...... ~ VENDOR VENDOR VENDOR VENDOR
,~,~ ~ ^~ ~ ~ ~ ~ ~ ~ ~%~ ~ Ho~on Tree Ballard Tree Whltmlre Line
250/ Tree Trimming for m~scellaneous electric
ME I~nes ~n the C~ of Denton, TX
1 FT Open Easement $0 65 $0 71 NB NB
2 FT Closed Easement $1 20 $1 32 NB NB
3 FT Combines Open & Closed Easement $0 90 $0 99 NB NB
Transmission hne nght-of-way clearance
4 FT (per specification TM-12 (1) New gm.h, $1 30 $1 43 NB NB
(right-of-way 75 fi) per affached Drawing
STATE OF TEXAS §
COUNTY OF DENTON §
THIS AGREEMENT, made and entered mto th~s 7 day of DECEMBER
A D, 19 99, 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
HORTON TREE SERVICES
PO BOX 15246
FT WORTH, TX 76119
of the City of FT WORTH , County of TARRANT
and State,of TEXAS , hereinafter termed "CONTRACTOR"
WITNESSETH That for and ~n considerat~on of the payments and agreements
hereinafter mentioned, to be made and performed by OWNER, and under the conditions
expressed m the bonds attached hereto, CONTRACTOR hereby agrees w~th OWNER to
commence and complete performance of the work specified below
BID 2426 - TREE TRIMMING
~n the amount of $250,000 and all extra work in connection therewith, under the terms as
stated in,the General Conditions of the agreement, and at h~s (or their) own proper cost and
expense to furmsh all materials, supplies, machinery, equipment, tools, superintendence,
labor, insurance, and other accessories and services necessary to complete the work specified
above, m accordance w~th the conditions and prices stated ~n the Proposal and the Performance
and Payment Bonds, attached hereto, and m accordance w~th all the General Condltlons of the
Agreemeat, the Special Conditions, the Not,ce to Bidders (Advertisement for Bids), and
Instructions to Bidders, as referenced herein and on file in the office of the Purchasing Agent,
and in accordance with the plans, which includes all maps, plats, blueprints, and other
drawings and printed or written explanatory matter thereof,
CA - 1
and the Specfficatlons therefore, as prepared by
CITY OF DENTON STAFF
all of wfuch are made a part hereof and collectively ewdence and constitute the entire contract
Independent Status
It is mutually understood and agreed by and between City and Contractor that
Contractor ~s an mdependent contractor and shall not be deemed to be or considered an
employee of the City of Denton, Texas, for the purposes of income tax, w~thholdmg, social
security taxes, vacation or sick leave benefits, worker's compensatmn, or any other C~ty
employee benefit City shall not have supervts~on and control of Contractor or any employee
of Contractor, and ~t ~s expressly understood that Contractor shall perform the serwces
hereunder aecordmg to the attached speclficatmns at the general d~rectlon of the C~ty Manager
of the C~ty of Denton, Texas, or fus destgnee under th~s agreement
Indemmficat~on
Contractor shall and does hereby agree to lndemmfy and hold harmless the City of
Denton from any and all damages, loss, or liability of any kind whatsoever, by reason of mjury
to property or thtrd persons occasioned by any error, omission or neghgent act of Contractor,
its officers, agents, employees, mwtees, and other persons for whom ~t ~s legally hable, with
regard to the performance of this Agreement, and Contractor will, at 1ts cost and expense,
defend and protect the C~ty of Denton against any and all such clauns and demands
Choice of Law and Venue
This 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 m written not,ce to commence work and complete all work
within the t~me stated m the Proposal, subJeCt to such extensions of tune as are provided by the
General and Special Conditions
The OWNER agrees to pay the CONTRACTOR ~n current funds the price or prices
shown m the Proposal, whmh forms a part of th~s contract, such payments to be subject to the
General and Special Conditions of the Contract
CA - 2
IN WITNESS WHEREOF, the parties of these presents have executed this agreement
m the year and day first above written
ATTEST )
(SEAL)
ATTEST
~/)~'~} /~/~ CONTRACToRH°rt°n Tree S ervxce
p.o. Box 15246 F% Worth, TX 76119
MAILING ADDRESS
817-572-2334
PHONE NUMBER
817-483-9378
FAX NUMBER
TITLE ~f:~\ C3~3T
Homor Hor%on
APPROVED AS TO FORM /J PRINTED NAME
CITY
ATTORNEY
"~(/" CA- 3
mVNC _aER BID PROPOSALS PAGE 2
City of Denton, Texas 901-B Texas St
Purehasing Department Denton, Texas 76201
1 Trec Tnmmtng for nuscellaneous electric lmes tn the City of Denton,
TX
Approximately 250/Mt%
A Open Easement $ ' ~ 5 ~ Per Ft
B Closed Easement $t. 20 ~er Ft
C Combtnas Open & Closed Easement $ · 90 Per Ft
D Transmlssmn line right-of-way clearance (per specfficat,on
TM. 12 (1) New growth, (right-of-way 75 i%) per attached $1.30 PerFt
Drawing
NOTE:
Work to be performed as directed by Denton Municipal
Electric Representative.
We quote the above f.o.b, dehvered to Denton, Texas Shzpment can be made in I days from receipt of order
Terms net/30 unless otherwise indicated
In subm~ttmg the above b~d, the vendor agrees that acceptance of any or all b~d items by the C~ty of Denton, Texas within a
reasonable period of tune constitutes a contract The complete Bid Proposal must be properly prmed, signed and returned
P.O. BOX 15~6 Florton Tree Service
Madmg Address Bidder/Company
Fort Worth, Texas 76119 ~'~ ~
City State Z~p // S~gnature ~'
(817) 572-2334 (817) 48~-9378 ~lamer H. t~ar~on
Telephone Fax Number Print/Type Name
President
Title
Bond AI6090841
PERFORMANCE BOND
STATE OF TEXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THF.~E PRESENTS That HORTON TREE SERVICES
whose address is PO BOX 15,246v Fl' WORTH. TX 76119 ~' harelnafter called Prln~:~pal~
and au]_f I~l~q~'ance Company . , - a corporation organized and
existing under the laws of the State of 'TEXAS . and~lly au~orized to transact business iii
the State of Texas, as Surety, are held~bound unto ~he City of Denton, a municipal
corporation organized and exmt{ng under the laws of the State of Texas, hereinafter called
Owner, in the penal sum of TWO HUNDRED PIFrY THOUSAND and no/100 DOLLARS
($ 250,000) plus ton percent of the stated penal sum as an additional sum of money
reprcsenn~g additional court expenses, attorneys' fees, and liquidated damages arising our of
or connected with thc below identified Contract, in lawful money of the United States, to be
paid in Denton Coullty. Texas, for the payment of which sum well and truly to be made, we
her,'by blmt ourselves, our heir~, executors, admmmtrators, successors, and assigns, Jointly
and severally, firmly by these presents This Bond shall automatically be increased by the
amount of any Change Ord,~r or Supplemental Agreement which increases the Contract price,
but m no event shall a Change Order or Supplemental Agreement which reduces the Contrac.!
price decrease the penal sum of this Bond
THE OBLIGATION TO PAY SAME is conditioned as follows' Whereas the
Principal natured into a certain Contract. Identified by Ordinance Number 99-,t$2 . with the
C~ty of Denton, the Owner. dated the 7 day of DECEMBER .,('I~ 1999, a copy
of which m hereto attached and made a p--' ereor, BID 2426 - TREE TRIMM-~'NO
NOW, THEREFORE. if the Principal shall well, truly and faithfully perform and fulfill
ail el the, undertakings, covenants, terms, conditions and allreements of said Contract in
accordann¢ with thc Plans. Specifications a_~t Contract Documents during the original term
thereof and any extension thereof which may be granted by the Owner, with or w~thout nonce
to the Suraty, and during the hfe of any guaranty or warranty r~quired under this Contract, and
shall al~o well and truly perform and fulfill all tho undertakings, covenants, terms, condiBons
and agreements of any and alt duly authorized modifications of' said Contract that may
h~reafier be made, not~ce of which modifications to the Surety being hereby waived, and, if the
Principal shall repair and/or replace all defects due ~o faulty materials and worlonanshlp that
appear within a period of one (1) year from the date of final completion and final acceptance of
the Work Iby the Owner, and, if th~ Principal shall fully lndommfy and save harralcss tile
Owner from all costs and damages which Owner may suffer by reason of failure to so perform
herein and shall fully reimburse and repay Owner ali outlay and expense which thc Owner may
incur in making good any dcfautt or deficiency, then this obligation shall be void, otherwise, it
shall rcmam in full force and effect
PB- 1
PROVIDED FURTHER, that if any legal action be filed upon this Bond, exclustve
venue shall lie tn Denton County, Stat= of Texas
AND PROVIDED FURTHER, that thc said Surety. for value received, hereby
atipulateSl and agrees that no change, extension of time, alteration or addition to the terms of
the Contract, et to the Work to be perforlrmd thereunder, or to the Plans.
Drawmga, etc.. aceempallytng the same, shall in anywme affect tts obhgation on ~s
and tt does hereby w~ve nouce of ~ a~ch ~ange. extension of tltne, alteration or a~ttton
~e te~$ of ~e Contract, or to ~e Work to be performed thereunder, et to ~c Plans,
Spcctfioatlo~, Drawings, e~,
Tkts ~ond is given purauMt m ~e prowm~ of Chapter 2253 of ~e Texas
Oover~ent Code, as ~e~d~, ~d ~y o~et apph~ble atam~s of ~c State of Texas
The u~e~taned ~d designated agent m hereby deslg~ated by ~c Sure~ ~rem aa the
Resident ,A~ent m Deacon County m whom ~ rcqutsite notmcs may be deljver~ and
whom servi~ of process my be had in matters ~zslng out of such suretyship, aa provtd~ by
Arttclc 7,i9q of~e Iasut~e Code, Vetnon's Anno~tcd Civil Statutes of the S~ of Texas
IN WITN~S ~EP~O~, this t~ment is executed m 4 coptcs, each
whmh shall be dc~ed an otlit~al, ~s ~e ,.7th day of December ._' 1999
ATTRST: P~NCIPAL
By.~~2/~~/ Horton Tree Services
T'
~ WITNESS: SU~TY
BY ~ ~ulf Insurance Company
O~gY'-XN-M~ '~aine Lewis
The Restdent Agent o~ ~e Surety m Denton County, Texas for dehvc~ of noti=n and
of E~ proses ~6: Jeff King
Ramey & Kim$ Insurance
830 S. 1-35 E, Ste. A ........
ST~ET ADD.SS Denton, Tx 76205
(NO~ D~e of Pe~o~nc~ ~ond m~t be date of Contract, If Reztdent ~gent t~ ~t a
PB - 2
Bond #AI6090841
PAYMENT BOND
STATE OF TBXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS, That HORTON TREE SERVIC'FSr
whose address is PO BOX 15246, PT WORTH, TX.76Ii9. hereinafter called Prm¢~pal.
and Gulf Insurance Company ., a corporation organized and existing under ~e
laws of ~e S~te of TEXA~ , and ~{ly authorized ~ transact business m
$~tc of Texas, as Surety, ~e held ~ firmly ~und unto the C~ of DenOn, a muutc~p~
co~oraU0n organized and existing u~er the laws of ~c State of Texas, herei~Rer called
Owner, a~ unto all p~sous, firms, a~ ~oratmus who may ~rnis~ mamrmls for or
perform labor upon, the buddi~ or ~mprovementa heremaR~ rderred to, in ~e penal sum of
TWO HUND~D FIFTY ~OUSAND and ~/100 DOLLARS ($ 2~0~000 ) m lawhl money
of the United States, m be paid In De~on, C0hnty, Texas, for ~c payment of whmh sum well
and truly to bc ~de, we hereby bad ourselves, our hc~rs, executors, administrators,
successors, ~ assigns, JoinHy and severally, firmly by these prcscats Thru Bead shall
automatically be ~c~as~ by ~e amount of a~ Change Order or Supplemental Agreem~t
which increases thc Contract price, but m no event ~hall a Change Order or Supplemental
Agreement whtch reduces ~ Contract price dec~ase ~e penal sum of thru Bond
THE OBLIGATION TO PAY SAME m condmoned as follows Whereas,
Pmnc~pal en~r~ into a cer~m Coutra~t, ~denhfied by Ordinance Number 99-45~, with
C~ty of Denton, the Owner, dated the ~.~ day of DECEMBER A D 1999 , a copy
ofwhteh m hereto attached and ~de a part hereof, for BID 242f-TREE ~~
NOW, THE~FORE, ~f the Prmclpal shall well. truly and fa~lty p~form its duties
and make prompt payment to ali ~raous, firms, sub~n~acmrs, ~rporattons and clatman~
supplying labor an~or ~tcnal in the pros~utmn of the Work provided for in sa~d Contract
and any ~d all duly authorized modiftcat~o~ of smd Con.ct that may hereaRer be
notice of wht~ modlficatJoas m ~e Surety bemg hereby expressly waived, then this obligation
shall be void, otherwmc it shall rcmam m full ~orce and effect
PROVIDED FURTHER. that ff ~y legal actmn be filed on th~s go~, exclusive venue
shall Itc m Denton County, Texas
AND PROVIDED FURTHER, that the said Surety, for value rcccwcd, hereby
stipulates and agrees ~at no change, extension o~ time, al~ratmn or addition to th: terms af
thc Contract, or to tkg Work to be performed ~ercunder. or to thc Plans, Specification,
Drawings, ccc, accompanying thc ~amc, shall m anywise affect its obligation on this
and U does hereby waive not~ce of any such change, exteRslOn of t~mc, aReratlon
thc terms of the Contract, or to thc Work to be perform~ thereunder, or to thc Plans,
Specifications, Drawings, c:
PB - 3
This Bond is green pursuant ~o the provisions of Chapter 2253 of the Texas
Government Code, ~ me~, ~d ~ o~ apphcabl~ ramies of ~e State of
Tho ~dersi~d ~ designated agent is hereby dcm~nat~d by ~e Sure~ h~roiu as the
Rcmdent A~en~ tn Denton C~n~ ~ w~m ~y reqms~tc notices may be dehvered a~ on
whom sc~lce of process ~y be h~ in mares arm~B out of such sure,ship, as provld~ by
Arttcle T, ~9-1 of ~e Insurance C~e, Ver~n*s A~o~tcd Clwl Statutes of thc S~te of Tex~
IN* ~N~S ~OP, ~ts tnn~mcnt is executed in ~ ~pics, each one of
which shall b~ d~mcd ~ ort~,~l, this ~c 7c~ day of December ,
ATT~T P~NCIPAL
~Y ~/~~/ Horton Tree Services
~ WITNESS SURETY
- Gulf Insurance.
Diana Stigleman, Witness BY
'A-TTORIqEY-IN-FA~fflaine Lewis
The Resident Agent of the Suret~ tn Denton County, Texas for delivery of notme and service
ofd~c proCeSS ~,
Jeff King
NAME .Ramey & King Insurance . _
830 S. 1-35 E, Ste. A
STP~ET ADDRESS. _Dent~. TX 76205 .....
(NOTE D~te of Payment Band mint be dat~ of Contract. If Re, talent Agent l~ not a
corl~oratlon, give a l~Zr~on~s name )
Bm a42~ TI~E~ TRIMMINO
GULF INSURANCE COMPANY BOND
ST LOUIS, MISSOURI NUMBER Al 6 0 9 0 84
POWER OF ATTORNEY ·
ORIGINALS OF THIS PQWER OF ATTORNEY ARE PRINTED ON BLUE NAME, ADDRESS
SAFETY PAFER WITH TFEAL INK DUPLICATES SHALL HAVE THE PRiNCiPAL CITY, STATE, ZiP
~AML FORCE AND EFFECT AS AN ORIGINAL ONLY WHEN ISSUED IN
CONJUNCTION WITH THE ORIGINAL
KNOWN ALL MEN BY THESE PRESENTS That the Gulf Insurance Corn
Company on the 10th day of a, ugust 1993 to wit Ft. Worth, TX 76119
any Semor Vl~c Presldeut slid the Seal ol the Company may be affixed to any such $ 2.50,000 · 0 0
docameat~ tel mag to such bonds to which they are attached $ 250 ~ 000 00
.... R~chard H. Baker, Jeff Bolin, Scott D. Chapman, Leslie K. Hudgens, Elaine
Lewis, Roy E. Simmons ....
ItS true '~nd I iwlul atotney(~) itt lact wah full power and authority hereby conferred In its name place and stead to sign execute acknowledge and deliver In lis
behalf ~s surety a:ty and all b,onds and undertakmg~ of suretyship and to brad Gul~ Insurance Comp,my thereby as fully and to the same extent as ~f any bonds under
takings and doctwnents relattag to such bond~ and/or undertakings were s~gncd by the duly authorized of 0ccr of the Gull Insurance Company and a he ac e of smd
attorney(u) m tact pursuant to the authority harem given are hereby ratified and contlrmed
The obhgatmn ot tile Company shall sot exceed three mdhon (3 000 000) dollars
IN WITNES~ WHEREOF, the Gulf Insurance Company has caused these presents to he signed by any officer of the Company and its Corporate Seal to
be hereto affixed
STARE O1, NI, W YORK ) Christopher F Watson
) SS
COUNTY OF KINGS ) President
On the Ist day uf Jnne, 1996 A D, before me came Christopher E Watson, known to me personally who being by me duly sworn, did depose and say,
that he resides m the County of Westchestar, State of New York, thai he is the President of the Gulf Insurance Company, the corporatmn d~crtbed in and
which executtd the above i~strument, that he knows the seal of said corporation, that the seal affixed to the said Instruments is such corporate seal that
~t was so affixed by order ~ ~the Board of Directors of said corporation and that he signed his name, thereto by ke order
K BANTIS
Notary Public, State of New York
No 24 4861345
STAll F OF NFW YORK ) Qualified in Kings
) hb Commission Expires May 12, 2000
Ct)DN'I Y O1, NLW YORK
1, the undersigned Executive V~ce President of the Gulf Insurance Company, a Mtssoun Corporation, DO HEREBy CERTIFY that the foregoing and
attached POWI R OF ATTORNEY remains in full force
~gned and Sealed at the City of New York
Dated the 7th day of December ,19 99
8016 Al Lawrence P Mtniter
Executive V~ce President
Der-~O-§g OJ lBam From-ETHEREDGE INSURANCE 214gBTOB53 T-848 P 02/82 F-glg
AOINII). CERTIFICATE OF LIABILE ~ INSURANCE ~ ~,~.o~
~ THIS C~IPIOA~ I~ 1~ ~ A ~ER OF INFeCTiON
~E ~ ~, ONLY AND CONF~S NO RIG.S U~N THE C~iFI~
HO~ER ~IS CERTIFICA~ ~ NOT ~D, ~D OR
~ G~JNVI~ AV~U~ ~1 ~R ~E ~RA~F AFF~R~F~ ~V THF ~1 m~mFR R;I ~W
~1 TX 111fl IN~R~8 A~O~ING CO--GE
NORTHI~ ll/V~l ~ ~ 6 TlXA& ! & INS FUNO
FORT ~O~H TX 78~f~
m mm~ ~
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a~ ~ , l 3~000~0
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DINTON~ ~X 7~01