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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~ ~ ~ ~ ~SEQTO]2~ Ol/~/OO 01/08/01 ~ ~ I e~O00fO00 a~ ~ , l 3~000~0 ~L~ ~O~Y ~ t DINTON~ ~X 7~01