HomeMy WebLinkAboutRes 2023-07-1471 Authorizing City Manager- Execute Contract for Landscape Services- Zodega Landscape Services LLCCITY OF ANNA, TEXAS
RESOLUTION NO. 2023 - o 3 -- t4'+ I
A RESOLUTION OF THE CITY OF ANNA, TEXAS AWARDING A CONTRACT FOR
LANDSCAPE MAINTENANCE SERVICES TO ZODEGA LANDSCAPE SERVICES,
LLC, IN THE AMOUNT NOT TO EXCEED EIGHTY-FOUR THOUSAND DOLLARS AND
ZERO CENTS ($84,000.00), IN A FORM APPROVED BY THE CITY ATTORNEY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Anna has publicly advertised and opened bids for contract
landscape maintenance services, including mowing and bed maintenance services for
right-of-way and city property in the City of Anna, Texas; and,
WHEREAS, the City has identified funding for the contract to come from Street
Maintenance Sales Tax funds and the Utility Fund; and,
WHEREAS, Zodega Landscape Services, LLC, dba Texas Seasons by Zodega provided
the lowest qualified bid for the contract; and,
WHEREAS, The City of Anna has reviewed the references, qualifications, and capabilities
of Zodega Landscape Services, LLC, to meet the terms of the contract, and has
determined that Zodega Landscape Services, LLC has the experience, staff, equipment,
and qualifications to perform the work; and,
WHEREAS, the City of Anna seeks to enter into an annual agreement for contract
services with Zodega Landscape Services, LLC for landscape maintenance services;
and,
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS THAT:
Section 1. Recitals Incorporated
The recitals above are incorporated herein as if set forth in full for all purposes.
Section 2. Authorization of Payment and Funding.
That the City Council of the City of Anna hereby awards the contract for landscape
maintenance services to Zodega Landscape Services, LLC, in an amount not to exceed
$84,000.00 and authorizes the City Manager to execute the contract for the City of Anna.
That the contract shall be reviewed and approved by the City Attorney prior to
execution.
That funding for the contract shall come from Street Maintenance Sales Tax Funds in
the amount of $68,000/year, and the Utility Fund in the amount of $16,000/year.
PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 11+"
day of July 2023.
ATTEST:
441"
City Secretary, Carrie Land
APPRO
Mayor PmTervl l.ee AAitICr
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Bid Results
1
IThis bid item is for a per -acre price of the following scope:
Supplier
CITY UOM
Price Extended Supplier Notes
This bid item is for a per -acre price of the following scope:
Mowing of Medians (when present and vegetated) and 8' strip along edge of
ROW for all undeveloped tracts, to a height of 2-112" to 3". Includes trimming all
areas Inaccessible w mowers and edging of all curb lines within the mowing
Texas Seasons by Zodega (Zodega
boundaries. Includes pickup of all wash and tlebris within the mowing
Landscape Services, LLC)
1 Price Per Acre
$78.00 $78.00 boundaries prior to each mowing.
This bid item is for a per -acre price of the following scope:
Mowing of Medians (when present and vegetated) and 8'strip along edge of
ROW for all untleveloped Tracts, to a height of 2-1/2" to 3". Includes trimming all
areas inaccessible w mowers and edging of all curb lines within the mowing
All Seasons Lawnare (Cantrell
boundaries. Includes pickup of all trash and debris within the mowing
Lawncare Texas, LLQ
1 Price Per Acre
$18350 $183.50 boundaries poor to each mowing.
2
IThis bid item is foraper-acre price of the following mope:
Supplier
CITY UOM
Price Extended Supplier Notes
Texas Seasons by Zodega (Zodega
This bid item is for a per -acre price of the following scope:
Landscape Services, LLQ
1 Price Per Acre
$78.00 $78-00 Bed Maintenance- spray for weed control bl-monthly in all landscape beds.
All Seasons Lawncare (Cantrell
This bid Item is for a per -acre price of the following scope:
Lawncare Texas, LLQ
1 Price Per Acre
$183.50 $183.50 Bed Maintenance- spray for weed control bi-monthly, In all landscape beds-
3
This bid item is for a per -acre price of the following scope:
Supplier
CITY DOM
Price Extended Supplier Notes
This bid item is for a per -acre price of the following scope:
Texas Seasons by Zodega (Zodega
Annual Trimming of ornamental grasses in landscape beds each February for FM
Landscape Services, LLQ
1 Price Per Acre
$78.00 $78.00455 between Standridge Boulevard and Some Highway S.
This bid item is for a Per -acre price of the following scope:
All Seasons Lawncare (Cantrell
Annual trimming of ornamental grasses in landscape beds each February for FM
Lawncare Texas, LLC)
1 Price Per Acre
$1,475.00 $1,475.00455 between Standridge Boulevard and State Highway S.
4
JBIDALTERNATE91
Supplier
CITY UOM
Price Extended Supplier Notes
BIDALTERNATE41
This bid item is for a per -acre Finite of the following scope:
US 75: Mowing of 8'strip along edge of Frontage Road for undeveloped vacn,
to a height of 3" to 4. Includes trimming all areas inacceesible to mowers and
Texas Seasons by Zodega lZodega
edging of all curb lines within the mowing boundaries. Includes pickup of all
Landscape Services, LLQ
I Price Per Acre
578.00 $78.00 trash and debris within the mowing boundaries prior to each mowing.
BID ALTERNATE dl
This bid Item is for a per -acre price of the following scope:
US 75: Mowing of Is strip along edge of Frontage Road for undeveloped tracts,
to a height of 3" to 4". Includes trimming all areas macccesible, to mowers and
All Seasons Lawnare (Cantrell
edging of all curb lines within the mooring boundaries. Includes pickup of all
Lawncare Texas, LLQ
1 Price Per Ave
5212.0) $212.00 trash and debris within the mowing boundaries prior to each mowing.
5
JBID ALTERNATE P2-County Road Mowing
Supplier
CITY UOM
Price Extended Supplier Notes
BID ALTERNATE d2 -County Road Mowing
Rough Cut of 8'strip along edge of County Road to a height of 4" or less. No
Texas Seasons by Zodega (Zodega
trimming or edging. Includes pickup of all trash and debris within the moveng
Landscape Services, LLQ
1 EA
$78,00 $78.00 boundaries prior to each mowing.
81D ALTERNATE 92 - County Road Mowing
Rough Cut of 8'strip along edge of County Road to a height of4"or less. No
All Seasons Lawncare lCantrell
trimming or edging. Includes pickup of all trash and debris within the mowing
Lawncare Texas, LLQ
1 EA
$380.00 5380.00 boundaries prior to each mowing.
6
BID ALTERNATE 93-FACILITIES
Supplier
CITY UOM
Price Extended Supplier Notes
BID ALTERNATE 43 - FACILITIES
Mowing of vegetated areas w a height of 3". Includes trimming all fence lines
and edging of all curb lines and pavement edge within the mowing boundaries.
Texas Seasons by Zodega (Zodega
Includes pickup of all trash and debris within the mowing boundaries prior to
Landscape Services, LLQ
1 Price Per Acre
578.00 $78.00 each mowing.
BID ALTERNATE 43 - FACILITIES
Mowing of vegetated areas to a height of 3". Includes trimming all fence lines
and edging of all curb lines and pavement edge within the mowing boundaries.
All Seasons Lawncare (Cantrell
Includes pickup of all trash and debris within the mowing boundaries prior to
Lawncare Texas, LLCI
1 Price Per Acre
5153.50 5383.50 each mowing.
2021 - 0023 - Page 1
STATE OF TEXAS
LANDSCAPING SERVICES FOR MEDIAN,
RIGHT-OF-WAY, & FACILITY GROUNDS CONTRACT
COUNTY OF COLLIN
This Landscaping Services for Median, Right -of -Way, & Facility Grounds Contract (the
"Contract') is entered into by and between the City of Anna, Texas, a Texas home rule municipality (the
"City") and Zodega Landscaping, LLC, DBA Texas Seasons Nursery & Landscape, a Limited Liability
Company licensed to do business in the State of Texas (referenced as "Contractor"), acting by and through
their authorized representatives.
WITNESSETH
WHEREAS, City is empowered under state and local law to publicly request competitive bids for
goods and services in accordance with Chapter 252 of the Texas Local Government Code; and
WHEREAS, the City sought competitive bids for landscaping services for median, right-of-way,
& facility grounds, and opened the bids on June 8, 2023; and
WHEREAS, the lowest qualified bid was received from Zodega Landscaping, LLC, DBA Texas
Seasons Nursery & Landscape, a Limited Liability Company licensed to do business in the State of Texas,
and;
WHEREAS, the City Council approved and authorized the City Manager to execute a contract for
landscaping services for median, right-of-way, & facility grounds by and between the City of Anna, Texas,
and Zodega Landscaping, LLC, DBA Texas Seasons Nursery & Landscape as stated in Resolution 2023-
7-759, approved on July 11, 2023; and
NOW THEREFORE, in consideration of the mutual agreements and covenants contained herein,
the parties agree as follows:
1. The Contractor is hereby granted the duty and responsibility to provide landscaping services for
median, right-of-way, & facility grounds for the City of Anna, Texas, and agrees to furnish all personnel,
labor, equipment, trucks, and other items necessary to provide the services in accordance with this Contract
and to perform all of the work called for and described in the Contract documents.
2. The initial term this Contract shall be for a period of one year, beginning on August _, 2023 and
terminating on September 30, 2024. After the initial term, the City may renew this Contract for three (3)
additional renewal terms of one (1) year each. The Contractor may prohibit the City from exercising an
optional renewal term by providing written notice to the City of its election to reject a renewal term on or
before three (3) months before the scheduled date of expiration of the initial term or the then current optional
renewal term of this Contract. If the Contractor does not provide such written notice to the City on or before
three (3) months preceding the scheduled date of expiration of the initial term or the then current optional
renewal term of this Contract prohibiting City from exercising the optional renewal term, the City may
upon written notice to the Contractor not later than sixty (60) calendar days preceding the scheduled date
of expiration of the initial term or the then current optional renewal term of this Contract exercise such
optional renewal term by such notice. This provision in no way limits the City's might to terminate this
Contract at any time during the initial term or any optional renewal term thereof in accordance with this
Agreement.
3. This Contract includes the General Conditions attached hereto, and shall also include the following
Contract Documents which are incorporated herein by reference as if set forth verbatim in this Contract:
A. City Council Resolution approving the Contract. (Exhibit "A")
B. Fee Schedule (Exhibit "B")
C. Bid Documents and Specifications (Exhibit ".C")
D. Mowing Maps (Exhibit "D")
In the event of any conflict between or among the Contract Documents, this Contract shall control. In the
event of a conflict between this Contract (including its General Conditions) and its exhibits, the sequencing
of the documents are intended to represent priority. For example, the General Conditions will prevail over
conflicts in other Contract Documents.
4. All provisions of this Contract shall be strictly complied with by the Contractor, and no amendment
to this Contract shall be made except upon the mutual written agreement of the parties. No amendment shall
be construed to release either party from any obligation of this Contract except as specifically provided in
such amendment.
5. The Contractor shall keep in full force and effect throughout the term of this Contract insurance,
and performance bonds, as recited herein, in the amounts and types specified in and required by the Contract
documents.
6. This Contract shall be binding on and inure to the benefit of the parties and their respective heirs,
executors, administrators, legal representatives, successors, and assigns. This Contract may not be assigned
or delegated without the consent of the City, which consent shall not be unreasonably withheld.
7. This Contract is the entire agreement between the parties with respect to the subject matter covered
in this Contract. There is no other collateral, oral, or written agreement between the parties that in any
matter relates to the subject matter of this Contract, except as provided in the Contract documents.
8. The validity of this Contract and any of its terms and provisions, as well as the rights and obligations
of the parties, shall be governed by the laws of the State of Texas; and exclusive venue for any action
concerning this Contract shall be in a court of proper jurisdiction of Collin County, Texas.
9. In the event anyone or more of the provisions contained in this Contract shall for any reason be
held to be invalid, illegal or unenforceable for any reason, such invalidity, illegality, or unenforceability
shall not affect other provisions, and this Contract shall be construed as if such invalid, illegal, or
unenforceable provision had never been contained in it.
(SIGNATURE PAGE TO FOLLOW)
Executed in single or multiple originals this _3rd day of_August 2023.
ZODEGA LANDSCAPE SERVICES, LLC
By:
Mc Chappell, Maintenance Manager
870 N.Preston Rd
Celina, TX 75009
CITY OF ANNA, TEXAS
By: .44
y Henderson, Interim City Manager
120 W. Seventh Street
Anna, Texas 75409
GENERAL CONDITIONS
ARTICLE I Definitions
Terms defined herein and their derivations shall have the meanings as set forth in herein.
Business Day: Business day shall mean any day, Monday through Friday, from 8:00 AM, Central Standard
Time until 5:00 PM, Central Standard Time, which is not a holiday designated as such in the Contract.
City: City shall mean the City of Anna, Texas.
City Facility: City Facility shall mean any City owned or operated facility designated by the Contract
Administrator as a City Facility to receive City services. The City has the sole authority to add or eliminate
City Facilities to receive City services.
Contract: Contract shall mean this Contract, inclusive of these General Conditions, the Request for Proposals,
Instructions to Bidders, Contractor's Proposal, Contract Specifications, this Contract, Performance Bond or
Letter of Credit, and any addenda or changes to the foregoing documents agreed to by the City and the
Contractor.
Contract Administrator: Contract Administrator shall mean the person, or his designee, designated by the
City to administer and monitor the provisions of this Contract.
Contractor: Contractor shall mean Zodega Landscaping, LLC, DBA Texas Seasons Nursery & Landscape.
Landscaping Services: Landscaping Services shall mean mowing, edging, weed -eating, bed preparation,
chemical application, trash removal, and removal of all debris and waste created through mechanical
operation of landscaping tools and equipment in the work zone.
Mowing Maps: Mowing Maps shall mean digital and print maps of the locations and areas of Landscaping
Services to be provided, said maps to be created, maintained, and provided by the City to the Contractor,
and updated from time to time.
Traffic Control: Traffic Control shall mean all signage, cones, barriers, barricades, and devices used by
the contractor in accordance with the Manual on Uniform Traffic Control Devices to provide sufficient
warning to motorists of the Work Zone.
Unit Cost: Unit Cost shall mean the per acre price of mowing and landscaping services, which shall
constitute the average cost per acre to be used in al estimating and invoicing of work completed.
Work Zone: Work Zone shall mean a safe perimeter of all areas to receive landscaping services, which
shall be protected through the use of traffic control devices. The Work Zone shall include the entire area
in use by Contractor's employees during their work activities within the City, including vehicles,
equipment, portions of public roads, sidewalks, and all hard surfaces immediately adjacent to areas to
receive landscaping services.
ARTICLE 2 Operations
2.01 Hours of Operation: Landscape Services shall begin no earlier than 7:00 o'clock a.m. and shall
generally not extend beyond 7:00 o'clock p.m. Central Standard Time. No regular landscaping services
shall occur on Saturday, however, irregular schedules shifted to accommodate holidays may occur on
Saturdays. No services shall be completed on Sunday.
2.02 Vehicle Maintenance and Specifications:
2.02.01 The contractor shall be responsible for the maintenance of all trucks, trailers, tractors,
mowers, equipment, and small tools required to provide the Landscaping Services. All vehicles shall
be kept in a clean and sanitary condition to maintain professional appearance.
2.02.02 The Contractor shall utilize equipment which can safely maneuver all City streets and the
areas identified in the Mowing Maps and properly complete the landscaping services. Contractor shall
review existing neighborhoods, including streets and on -street parking conditions to ensure that all
equipment used shall meet this requirement.
2.02.03 The Contractor shall maintain a complete inventory showing each vehicle and piece of
equipment (type, capacity) used for performing services within the City. City may request a copy of
the inventory if desired at any point during the duration of the Contract. The Contractor may change or
replace vehicles and equipment from time -to -time and shall revise the inventory accordingly.
2.02.04 The Contractor shall exercise care to prevent spilling, leaks and littering while providing
the Landscaping Services. The Contractor shall ensure all materials and equipment hauled to and from
the Work Zone are contained, tied, or enclosed to prevent spilling, leaking and littering. The Contractor
shall immediately pick up and clean up all spills, leaks and litter resulting from Contractor's
vehicles/equipment, or by Contractor's employees or subcontractors while performing services under
this Contract. Each vehicle shall be equipped with the proper tools and cleaning equipment to
adequately clean up any spillage. No equipment shall be allowed to leak or scatter any fluids or waste
within the limits of the City nor while in route to and from the Work Zone.
ARTICLE 3 Billings; Payments; Charges
5.01 Billing and Payments:
5.01.01 The City shall provide the Contractor with a contact for submitting all invoices and
questions regarding financial processes. The Contractor shall provide the City completed forms in
accordance with the City of Anna purchasing policies and procedures. The City and the Contractor
shall update forms and documents pertaining to invoicing and payments on an as -needed basis for the
entirety of the Contract term.
5.01.02 The Contractor shall submit an invoice to the City on a monthly basis for the Landscaping
Services completed in the previous thirty (30) calendar days. The City will review the invoice and
inform the Contractor of any concerns or questions regarding the invoice within five (5) business days.
Once the invoice is finalized, the City shall process the invoice and issue payment within thirty (30)
calendar days of receipt of the final invoice.
ARTICLE 4 Rates and Fees
4.02 Billing Rates: The fees assessed by Contractor to the City shall be at rates as provided in the bid
results for each item as set forth in Exhibit "B" ("Fee Schedule"). At any point in time, with written notice
from the City to the Contractor, the City may choose to add additional landscaping service areas to the
contract, or add additional landscape service frequencies to the contract. All landscaping service areas and
frequencies added to the Contract shall be billed at the current unit price as shown in the Fee Schedule for
the service type.
4.02.01 The unit prices listed in the Fee Schedule may be modified during the renewal term on an
annual basis, based on changes in the operational costs of the Contractor. The Contractor may submit
a written request for modification to the unit price fees on or before July 1, 2024 and every July i
thereafter. If either party fails to submit a written request or notice of a fee modification on or before
June 1" of any year, the existing fees shall apply throughout the following year. All fees shall remain
fixed from the execution of this Contract through September 30, 2024. Any fee adjustment shall be
effective of and from August I st of the year in which requested or noticed.
4.02.02 The parties agree that any annual fee adjustment for the unit price rates of each landscape
service type shall not exceed seven percent (7%) for any single year.
ARTICLE 5 Insurance; Indemnification; Bond
5.01 Generally. The Contractor shall secure and maintain throughout the duration of this Contract
insurance of such types and in such amount as may be necessary to protect itself and the interest of the City
against all hazards or risks of loss as hereinafter specified. The form and limits of such insurance, together
with the underwriter thereof in each case, shall be acceptable to the City but regardless of such acceptance
it shall be the responsibility of the Contractor to maintain adequate insurance coverage at all times. Failure
of the Contractor to maintain adequate coverage shall not relieve him of any contractual responsibility or
obligation.
5.02 Certificates, Generally. Satisfactory certificates of insurance shall be filed with the City prior to
starting any work under this Contract. The certificates shall state that thirty (30) calendar days advance
written notice will be given to the City before any policy covered thereby is changed or canceled.
5.03 Compliance and Ratings. The Contractor shall comply with all Federal, State and local Iaws and
ordinances relating to Social Security, Unemployment Insurance, Pensions, etc. All insurance providers
used to meet the requirements of this section must have an A.M. Best rating of "A" or better and be
authorized to conduct business in the State of Texas.
5.04 Workers Compensation Insurance Coverage.
5.04.01 Definitions related to Workers Compensation Insurance Coverage:
1. Certificate of coverage ( or "certificate") is 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 or equivalent), showing statutory workers'
compensation insurance coverage for the Contractor's employees providing services under
this Contract for the duration of this Contract.
2. "Duration of this Contract' includes the time from the commencement of services and
continuing for seven years plus any optional renewal term(s) and/or other extensions.
3. "Persons providing services" includes all persons or entities performing all or part of the
services the Contractor has undertaken to perform under this Contract, 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 related to
this Contract.
4. "Services" include, without limitation, providing, hauling, or delivering equipment or
materials, or providing labor, transportation, or other service related to this Contract.
"Services" does not include activities unrelated to this Contract, such as parts suppliers,
office supply deliveries, or other incidental vendors.
5.04.02 The Contractor shall 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 employees of the Contractor providing services on this
Contract.
5.04.04 The Contractor must provide a certificate of coverage to the City prior to commencement
of service. If the coverage period shown on the Contractor's current certificate of coverage ends during
the duration of this Contract, the Contractor must, prior to the end of the coverage period, file a new
certificate of coverage with the City showing that coverage has been extended.
5.04.05 The Contractor shall obtain from each person providing services under the Contract, and
provide to the City:
1. a certificate of coverage, prior to that person beginning work related to this Contract, so
the City will have on file certificates of coverage showing coverage for all persons
providing services related to this Contract; 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 this Contract.
5.04.06 The Contractor shall retain all required certificates of coverage for the duration of this
Contract and for one year thereafter.
5.04.07 The Contractor shall notify the City in writing by certified mail or personal delivery, within
ten days after the Contractor knew or should have known, of any change that materially affects the
provision of coverage of any person providing services related to this Contract.
5.04.08 The Contractor shall post at the office where the vehicles serving the City are based a notice
in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing
all persons providing services related to this Contract that they are required to be covered, and stating
how a person may verify coverage and report lack of coverage.
5.04.09 The Contractor shall contractually require each person with whom it contracts to provide
services to:
1. provide coverage, based on proper reporting of classification codes and payroll amounts
and filing of any coverage agreements, which meets the statutory definitions/requirements
of Texas Labor Code, §401.011(44) for all of its employees providing services related to
this Contract, for the duration of this Contract;
2. provide to the Contractor, prior to that person beginning work, a certificate of coverage
showing that coverage is being provided for all employees of the person providing service,
for the duration of this Contract or services;
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 certificate of coverage ends during the duration of this Contract or services;
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; 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 during the duration of this Contract;
5. retain all required certificates of coverage on file for the duration of this Contract or
services and for one year thereafter;
6. notify the City 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; and
7. contractually require each person with whom it contracts, to perform as required by
paragraphs 5.04.01— 5.04.07, with the certificates of coverage to be provided to the person
for whom they are providing services.
5.04.10 By signing this contract or providing or causing to be provided a certificate of coverage,
the Contractor is representing to the City that all employees of the Contractor who will provide services
under this Contract will be covered by workers' compensation coverage for duration of this Contract.
The Contractor also represents 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.
5.04.11 The Contractor's failure to comply with any of these provisions is a breach of contract by
the Contractor which entitles the City to declare this Contract void if the Contractor does not remedy
the breach within ten days after receipt of notice of breach from the City.
5.05 Comprehensive Automobile Liability.
5.05.01 The Contractor's automobile liability insurance shall be written in comprehensive form
and shall protect the Contractor against all claims for injuries to members of the public and damage to
property of others arising from the use of motor vehicles licensed for highway use, whether they are
owned, non -owned, or hired.
5.05.02 The liability limits shall not be less than:
Bodily Injury ...$1,000,000/person
...$1,000,000/occurrence
Property Damage ...$1,000,000%ccurrence
5.05.03 The insurance shall be of the occurrence type and name the City as an additional insured
with a requirement that the City be notified at least 30 days in advance of any material change in policy
terms, including cancellation. There shall be no deductible applied to the City as additional insured.
5.06 Comprehensive General Liability.
5.06.01 The Contractor's general liability insurance shall be written in comprehensive form and
shall protect the Contractor against all claims arising from injuries to members of the public or damage
to property of others arising out of any act or omission of the Contractor or the Contractor's agents,
employees, or subcontractors. In addition, this policy shall specifically insure the contractual liability
assumed by the Contractor under Section 5.07.
5.06.02 To the extent that the Contractor's work, or work under the Contractor's direction, may
require blasting, explosive conditions, or underground operations, the comprehensive general liability
coverage shall contain no exclusion relative to blasting, explosion, collapse of buildings, or damage to
underground property. The liability limits shall not be less than:
Bodily Injury ... $1,000,000/person
...$1,000,000%ccurrence
Property Damage ... $ 1,000,000/occurrence
...$2,000, 000/aggregate
The insurance shall be of the occurrence type and shall name the City as an additional insured. There shall
be no deductible applied to the City as additional insured.
5.07 DEFENSE OF SUITS.
1F ANY ACTION IN COURT IS BROUGHT AGAINST THE CITY, OR ANY OFFICER OR AGENT
OF THE CITY, FOR THE FAILURE, OMISSION, OR NEGLECT OF THE SUCCESSFUL PROPOSER
TO PERFORM ANY OF THE COVENANTS, ACTS, MATTERS, OR THINGS UNDER THE
CONTRACT; OR FOR INJURY OR DAMAGE CAUSED BY THE ALLEGED NEGLIGENCE OF THE
SUCCESSFUL PROPOSER OR THE CONTRACTOR'S SUBCONTRACTORS OR ANY OF THE
CONTRACTOR'S OR SUBCONTRACTORS' AGENTS, OR IN CONNECTION WITH ANY CLAIM
BASED ON LAWFUL DEMANDS OF SUBCONTRACTORS, WORKMEN, MATERIAL MEN, OR
SUPPLIERS THE SUCCESSFUL PROPOSER SHALL INDEMNIFY, DEFEND AND SAVE
HARMLESS THE CITY AND ITS OFFICERS AND AGENTS, FROM ALL LOSSES, DAMAGES,
COSTS, EXPENSES, JUDGMENTS, OR DECREES ARISING OUT OF SUCH ACTION.
5.08 INDEMNITY AND RELEASE.
THE SUCCESSFUL PROPOSER IS SOLELY RESPONSIBLE FOR AND SHALL DEFEND,
INDEMNIFY, AND HOLD THE CITY (AND ANY OF THE CITY'S REPRESENTATIVES OR
EMPLOYEES), FREE AND HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS,
LIABILITIES, DEMANDS, LOSSES, DAMAGES, COSTS OR EXPENSE TO ALL PERSONS
(INCLUDING BUT NOT LIMITED TO REASONABLE ATTORNEYS' FEES AND RELATED
EXPENSES) ARISING OUT OF, RESULTING FROM, OR OCCURRING IN CONNECTION WITH
THE PERFORMANCE OF THE SERVICES UNDER THIS CONTRACT THAT IS (I) ATTRIBUTABLE
TO ANY BODILY OR PERSONAL INJURY, SICKNESS, DISEASES OR DEATH OF ANY PERSON
OR ANY DAMAGE OR INJURY TO OR DESTRUCTION OF REAL OR PERSONAL PROPERTY
INCLUDING WITHOUT LIMITATION THE LOSS OF USE THEREOF, AND (II) CAUSED IN
WHOLE OR IN PART BY ANY NEGLIGENT, STRICT LIABILITY OR OTHER ACT OR OMISSION
OF THE SUCCESSFUL PROPOSER, ANY SUBCONTRACTOR OR SUPPLIER, THEIR RESPECTIVE
AGENTS OR EMPLOYEES OR ANY OTHER PARTY FOR WHOM ANY OF THEM MAY BE
LIABLE REGARDLESS OF WHETHER SUCH IS CAUSED IN PART BY THE NEGLIGENT, STRICT
LIABILITY OR OTHER ACT OR OMISSION OF A PARTY OR PARTIES INDEMNIFIED
HEREUNDER.
SAID INDEMNITY, DEFENSE AND HOLD HARMLESS AGREEMENT SHALL ALSO APPLY TO
CLAIMS ARISING FROM ACCIDENTS TO THE SUCCESSFUL PROPOSER, ITS AGENTS OR
EMPLOYEES, WHETHER OCCASIONED BY THE SUCCESSFUL PROPOSER OR ITS
EMPLOYEES, THE CITY OR ITS EMPLOYEES, OR BY ANY OTHER PERSON OR PERSONS.
THE FOREGOING INDEMNIFICATION OBLIGATION SHALL NOT BE LIMITED IN ANY WAY
BY ANY LIMITATION ON THE AMOUNT OR TYPE OF DAMAGES, COMPENSATION OR
BENEFITS PAYABLE UNDER WORKERS' OR WORKMEN'S COMPENSATION ACTS,
DISABILITY BENEFIT ACTS OR OTHER EMPLOYEE BENEFIT ACTS.
THIS SECTION 5.08 PROVIDES FOR SOLE LIABILITY OF THE CONTRACTOR
REGARDLESS OF WHETHER SUCH IS CAUSED IN PART BY THE NEGLIGENT STRICT
LIABILITY OR OTHER ACT OR OMISSION OF A PARTY OR PARTIES INDEMNIFIED
HEREUNDER.
5.09 Performance Bond.
A performance bond in the amount of $250,000.00 will be maintained and renewed each year during the
term of this Contract. Proof of renewal of the bond must be submitted to the City prior to August 31 each
year of this Contract. The performance bond shall guaranty full and faithful performance of this Contract
and the bond furnished by the Contractor shall incorporate by reference the terms of this Contract as fully
as though they were set forth verbatim in such bond. The performance bond furnished by the Contractor
shall be in form suitable to the City and shall be executed by a surety, or sureties, reasonably suitable to the
City and authorized to do business in the State of Texas. The bond will be maintained and renewed each
year during the term of the Contract. Proof of renewal of the bond must be submitted to the City prior to
August 31 s` each year of the Contract.
ARTICLE 6 Miscellaneous
6.01 The Contractor shall at all times and in all respects observe and comply with all federal, state and
local laws, ordinances, and regulations applicable to its performance of this Contract, and shall further
ensure that all subcontractors observe and comply with said laws, ordinances and regulations.
6.02 This Contract shall be governed by the laws of the State of Texas. Exclusive venue for any cause
of action arising under this Contract or the work to be performed hereunder shall be in the state courts of
Collin County, Texas.
6.03 The City and Contractor bind themselves, their successors, assigns and legal representatives to the
other party hereto and to successors, assigns and legal representatives of such other party in respect to
covenants, agreements and obligations contained in this Contract. The Contractor shall not assign this
Contract without written consent of the City.
6.04 The provisions of this Contract are severable; if any term, provision or part hereof is determined to
be invalid, void or unenforceable, such determination shall not affect the validity or enforceability of the
remaining terms, provisions and parts, and this Contract shal I be read as if the invalid, void or unenforceable
portion had not been included herein.
6.05 This Contract may be amended by the parties only by a written agreement duly executed by both
parties. The failure of the City to object to any nonperformance or nonconforming work or to enforce any
provision hereof shall in no event be regarded as or construed to be a waiver, release or modification of any
term or provision in this Contract, nor shall such failure to object or enforce estop the City from insisting
on strict compliance with this Contract or from recovering damages, costs or expenses arising as a result of
such nonperformance or nonconforming work.
6.06 Nothing in this Contract shall be deemed to waive any immunity, sovereign, governmental, official,
qualified or otherwise, from liability or suit, which the City may have or assert, except as may be provided
by law, all such immunities being hereby expressly retained.
6.07 All notices required by this Contract shall be in writing and presumed received when deposited in
the mail properly addressed and sent certified mail, return receipt requested, to the other party atthe address
set forth herein or set forth in a written designation of change of address delivered to all parties. However,
notice of breach, of assessment of charges, or of intent not to renew shall be sent by certified mail, return
receipt requested, and no electronic transmission thereof shall be deemed sufficient.
6.08 This Contract shall be effective on the last date affixed to the parties' signatures on page.
AGREED:
2023. Executed in single or multiple originals this 3rd_ day of August
ZODEGA LANDSCAPE SERVICES, LLC
By: J
Nic Chappell
870 N. Preston Rd
Celina, TX 75009
CITY OF ANNA, TEXAS
By:
an Henderson, Interim City Manager
1 0 W. Seventh Street
Anna, Texas 75409