1993-121ORDINANCE NO. ?3 ~a /
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD
OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City has solicited, received and tabulated com-
petitive bids for the construction of public works or improvements
in accordance with the procedures of state law and City ordinances;
and
WHEREAS, the City Manager or a designated employee has receiv-
ed and recommended that the herein described bids are the lowest
responsible bids for the construction of the public works or im-
provements described in the bid invitation, bid proposals and plans
and specifications therein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the following competitive bids for the con-
struction of public works or improvements, as described in the "Bid
Invitations", "Bid Proposals" 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 be-
ing the lowest responsible bids:
BID NUMBER CONTRACTOR AMOUNT
1513 BOWDEN'S GUARANTEED HYDROMULCH &
SOD INC. $ 38,879.00
SECTION II. That the acceptance and approval of the above
competitive bids 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, 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 with the Notice to Bidders and Bid Propos-
als, and documents relating thereto specifying the terms, condi-
tions, plans and specifications, standards, quantities and speci-
fied sums contained therein.
SECTION IV. That upon acceptance and approval of the above
competitive bids and the execution of contracts for the public
works and improvements as authorized herein, the City Council here-
by 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 this ordinance shall become effective im-
mediately upon its passage and approval.
PASSED AND APPROVED this the (O day of ,1993.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: APPR VED IATO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
CASTLEBERRY,
~1 {
BY:
DATE: JULY 6, 1993
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: BID # 1513 - SOFTBALL & SOCCER COMPLEX HYDROMULCH
RECOMMENDATION: We recommend this bid be awarded to the low bidder, Bowden's
Guaranteed Hydromulch and Sod Inc., in the total amount of $38,879.00.
SUMMARY: This bid is for all labor and materials necessary in Hydromulching with
bermuda in the North Lakes Park Phase II area, which is approximately 32 acres.
Six bid proposals were received in response to eleven bid invitations mailed.
BACKGROUND: Tabulation Sheet, Memorandum from Bob Tickner dated June 24,
1993.
FISCAL IMPACT: Funds for this project are available from Grant fund acct #465-038-
0063-0001-9009 with a balance of $514,496.89.
Re ectfully submitted:
U
Loyd V . Harrell
City Manager
Approved:
Name: Denise Harpool
Title: Senior Buyer
agenda.390
1513 - PAGE 1
SOFTBALL & SOCCER COMPLEX
HYDROMULCH
JUNE 22, 1993
DESCRIPTION
BASE BID
ADDENDUM #1
ERTIFIED CHECK OR BID BOND
WORK DAYS
1513 - PAGE 2
SOFTBALL & SOCCER COMPLEX
HYDROMULCH
JUNE 22, 1993
DESCRIPTION
BASE BID
ADDENDUM #1
ERTIFIED CHECK OR BID BOND
WORK DAYS
T.B.G.I.
VENDOR
$48,975.00
YES
YES
20 DAYS
BCC
BALLARD
VENDOR
$53,798.00
YES
YES
75 DAYS
CLIFFORD FOGUS
VENDOR
$72,500.37
YES
YES
29 DAYS
BOWDENS
GUARANTEE
VENDOR
$38,879.00
YES
YES
60 DAYS
TEXAS
ENVIRONMENTAL
MGMT CO.
VENDOR
$52,324.22
YES
YES
60 DAYS
VENDOR
MANN ROBINSON
AND SON INC.
VENDOR
$69,300.00
YES
YES
120 DAYS
VENDOR
~~-25-93P12:,
CITY Of DENTON, TEXAS MUNICIPAL BUILDING / 215 E. McKINNEY / DENTON, TEXAS 76201
M E M O R A N D U M
TO: Tom Shaw, Purchasing Agent
FROM: Bob Tickner, Superintendent of Parks
DATE: June 24, 1993
SUBJECT: Recommendation on Bid #1513 North Lakes Park Phase II
Hydromulch.
After review of the bids received for Bid #1513 Softball and Soccer
Complex Hydromulch, we wish to recommend the low bid of Bowden's
Guaranteed Hydromulch and Sod Inc. of Colleyville, Texas 76034 in
the amount of $38,879. This will seed approximately 32 acres.
Other bidders were:
1. TBGI Inc. Granbury, Texas $48,975.00
2. Texas Environmental Management, Justin, Tx. $52,324.22
3. Ballard consulting & Contracting, Dallas, Tx. $53,798.00
4. Mann Robinson & son, Aubrey, Texas $69,300.00
5. Clifford E. Fogus Co., Irving, Texas $72,500.00
Funding for the project will come from the North Lakes Athletic
Bond Funds and Texas Parks and Wildlife Grant. The project
estimate was $50,000.
Please advise if you have any questions.
f2~
Robert K. Tickner
Superintendent of Parks
RT:ve
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8171566-8200 D/FW METRO 434-2529
CONTRACT AGREEMENT
STATE OF TEXAS
COUNTY OF DENTON
THIS AGREEMENT, made and entered into this 6 day of JULY
A.D., 1993 , by and between THE CITY OF DENTON
of the County of DENTON and State of Texas, acting through
LLOYD V. HARRELL thereunto duly authorized so to do,
hereinafter termed 'OWNER,' and BOWDEW GUARANTEED HYDROMULCH AND SOD INC.
6516 COLLEYVILLE
of the City of COLLEYVILLB , County of TARRANm
and State of TEXAS , hereinafter termed 'CONTRACTOR.'
WITNESSETH: That for and in consideration of the payments and
agreements hereinafter mentioned, to be made and performed by OWNER, and under
the conditions expressed in the bonds bearing even date herewith, CONTRACTOR
hereby agrees with OWNER to commence and complete performance of the work
specified below:
BID # 1513 - SOFTBALL AND SOCCER COMPLEX HYDROMULCH in the amount of $38,879.00
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, supplies, 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 attached hereto, and in
accordance with all the General Conditions of the Agreement, the Special
Conditions, the Notice to Bidders (Advertisement for Bids), Instructions to
Bidders, and the Performance and Payment Bonds, all attached hereto, and in
accordance with the plans, which includes all maps, plats, blueprints, and
CA-1
0114s
other drawings and printed or written explanatory matter thereof, and the
Specifications therefore, as prepared by J.T. DONKIN & ASSOCIATES, INC.
, all of which are made a part hereof and collectively evidence and
constitute the entire contract.
Independent Status
It is mutually understood and agreed by and between City and
Contractor that Contractor is an independent contractor and shall not be
deemed to be or considered an employee of the City of Denton, Texas, for the
purposes of income tax, withholding, social security taxes, vacation or sick
leave benefits, worker's compensation, or any other City employee benefit.
City shall not have supervision 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
direction of the City Manager of the City of Denton, Texas, or his designee
under this agreement.
Indemnification
Contractor shall and does hereby agree to indemnify and hold harmless
the City of Denton from any and all damages, loss, or liability of any kind
whatsoever, by reason of injury to property or third persons occasioned by any
error, omission or negligent act of Contractor, its officers, agents,'
employees, invitees, and other persons for whom it is legally liable, with
regard to the performance of this Agreement, and. Contractor will, at its cost
and expense, defend and protect the City of Denton against any and all such
claims and demands.
Choice of Law and Venue
This agreement shall be governed by the law of the State of Texas and
venue for its construction and enforcement shall lie in the courts of Denton
County, Texas.
The CONTRACTOR hereby agrees to commence work on or after the date
established for the start of work as set forth in written notice to commence
work and complete all work within the time stated in the Proposal, subject to
such extensions of time as are provided by the General and Special Conditions.
The OWNER agrees to pay the CONTRACTOR in current funds the price or
prices shown in the Proposal, which forms a part of this contract, such
payments to be subject to the General and Special Conditions of the Contract.
CA-2
01145
IN WITNESS WHEREOF, the parties of these presents have executed this
agreement in the year and day first above written.
ATTEST:
CITY OF D
OWN
B
(S AL)
ATTEST:
BOWDEN'S GUARANTEED HYDROMDLCH &
(SEAL)
APPROVED AS TO FORM:
~-~6i y Attorney
M. CHERYL LITTNOTARY PUBLI* *
State of exas
Comm. Exp. CA-3
0114s
PERFORMANCE BOND
STATE OF TEXAS
COUNTY OF DENTON ) (
KNOW ALL MEN BY THESE PRESENTS: That BOWDEN'S GUARANTEED HYDROMULCH
AND SOD INC_ , of the City of rQT.T.F.VVTT.T.F.
County of TARRANT , and State of TEXAS
as PRINCIPAL, and
, as SURETY, authorized under the laws of
the State of Texas to act as surety on bonds for principals, are held and firmly
bound unto the THE CITY OF DENTON
as OWNER, in the penal sum of THIRTY EIGHT THOUSAND EIGHT HUNDRED SEVENTY NINE AND
no/100------------ Dollars 38,879.00 ) for the payment whereof, the said
Principal and Surety bind themselves and their heirs, administrators, executors,
successors and assigns, jointly and severally, by these presents:
WHEREAS, the Principal has entered into a certain written contract
with the OWNER, dated the 5 day of JULY , 19 93, for the construction of
'BID #1513 - SOFTBALL AND SOCCER COMPLEX HYDROMULCH in the amount of $38,879.00
which contract is hereby referred to and made a dpart hereof as fully and to the
same extent as if copied at length herein.
NOW, THEREFORE, the condition of this obligation is such, that if the
said principal shall faithfully perform said Contract and shall in all respects,
conditions and agreements in and by said contract agreed and covenanted by the
Principal to be observed and performed, and according to the true intent and
meaning of said Contract and the Plans and Specifications hereto annexed, then this
obligation shall be void: otherwise to remain in full force and effect;
PB-1
PROVIDED, HOWEVER, that this bond is executed pursuant to the
provisions of Article 5160 of the Revised Civil Statutes of Texas as amended by
acts of the 72nd Legislature, Regular Session, 1991, and all liabilities on this
bond shall be determined in accordance with the provisions of said Article to the
same extent as if it were copied at length herein.
PROVIDED FURTHER, that if any legal action be filed upon this bond,
venue shall lie in DENTON County,.State of Texas.
Surety, for value received, stipulates and agrees that no change,
extension of time, alteration or addition to the terms of the contract, or to the
work performed thereunder, or the plans, specifications, or drawings accompanying
the same, shall in anywise affect its obligation on this bond, and it does hereby
waive notice of any such change, extension of time, alteration or addition to the
terms of the contract, or to the work to be performed thereunder.
IN WITNESS WHEREOF, the said Principal and Surety have signed and
sealed this instrument this day of 193 .
r ^
7
Principal
Surety
By V J-1- /
Title Title p r ;
Address 2uLu,,,r
(SEAL) (SEAL)
The name and address of the Resident Agent of Surety is:
,G',-r. Y A-, kc
;TX -7 611 Z
NOTE: Date of Bond must not be prior to date of Contract.
PB-2
J091b
UNIVERSAL SURETY OF AMA
1812 Durham / Houston, Texas 77007 6041
GPA 761
For verification of the authority of this power you may telephone (713) 863-7788. Power of Attorney Valid Only If
Last Four Digits Appear In Red
GENERAL POWER OF ATTORNEY - CERTIFIED COPY
Know All Men by These Presents, That UNIVERSAL SURETY OF AMERICA, a corporation duly organized and existing under
the laws of the State of Texas, and having its principal office in Houston, Texas, does by these presents make, constitute and appoint
Bobby W. Bush
of Dallas and State of Texas its true and lawful Attorney(s)-in-Fact, with full power
and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver
Bonds not to exceed $1,250,000.
and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate
seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do
within the above stated limitations, and such authority is to continue in force until Till further notice
Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of Universal Surety
of America at a meeting held on the 11th day of July, 1984.
"Be It Resolved, that the President, any Vice President, Secretary or any Assistant Secretary shall be and is hereby vested with
full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of
the Company."
"RESOLVED that the signature of any officer of the corporation, and the seal of the corporation may be affixed or printed by
facsimile to any power of attorney of the corporation, and that'such printed facsimile signature and seal shall be valid and binding upon
the corporation."
In Witness Whereof, Universal Surety of America has caused these presents to be signed by its
President, John Knox. Jr. and its corporate seal
to be hereto affixed this 1st day of March , A.D., 19 90
UNIVERSA RE A
State of Texas t~° John nox,`Jr. Resident
as:
County of Harris
On this fit: -day of March , in the year 0 fore me Wendy W. Stuckey
a notary public, personally appeared John Knox. Jr. , personally known to me to be the
person who executed the within instrument as President , on behalf of the corporation therein
named and acknowledged to me that the corporation executed it. ,w
9,e.,r~¢Nr z
33g _t
g
"44.60.1 - Notary Public
1, the undersigned Secretary of Universal Surety of America, hereby certify that the above and foregoing is a full, true and turret;-
copy of the Original Power of Attorney issued by said Company, and do hereby further certify that the said Power of Attorney is still in
force and effect.
GIVEN under my hand and the seal of said Company, at Houston, Texas, this R40- day of b-r Oe
Secretary
COMPLAINT NOTICE: Should any disputes arise regarding either your premium or a claim, contact Universal
Surety of America at 1812 Durham, Houston, Texas 77007 or by calling (713) 863-7788. If the problem is not resolved you
may also write the State Board of Insurance, P.O. Box 149091, Austin, Texas 78714-9091, Fax (512) 475-1771. This notice
of complaint procedure is for information only and does not become a part or condition of this bond.
Any instrument issued in excess of the penalty stated above is totally void and without any validity.
PAYMENT BOND
STATE OF TEXAS
COUNTY OF DENTON
KNOW ALL MEN BY THESE PRESENTS: That BOWDEN'S GUARANTEED HYDROMULCH &
son INC_ of the City of COLLEYVILLE
County of TARRANT and State of TEXAS , as principal, and
authorized under the laws of the State of Texas to act as surety on bonds for
principals, are held and firmly hound unto THE CITY OF DENTON
, OWNER, in the penal sum of THIRTY EIGHTY THOUSAND EIGHT
HUNDRED SEVENTY NINE and no/100-------------------------- Dollars 38,879.00 )
for the payment whereof, the said Principal and Surety bind themselves and their
heirs, administrators, executors, successors and assigns, jointly and severally, by
thes presents:
WHEREAS, the Principal has entered into a certain written contract
with the Owner, dated the 6 day of JULY , 19 93
BID # 1513 - SOFTBALL & SOCCER COMPLEX HYDROMOLCH
to which contract is hereby referred to and made a part hereof as fully and to the
same extent as if copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the
said Principal shall pay all claimants supplying labor and material to him or a
subcontractor in the prosection of the work provided for in said contract, then
this obligation shall be void, otherwise to remain in full force and effect;
PROVIDED, HOWEVER, that this bond is executed pursuant to the
provisions of Article 5160 of the revised Civil Statutes of Texas as amended by the
acts of the 72nd Legislature, Regular Session, 1991, and all liabilities on this
bond shall be determined in accordance with the provisions of said Article to the
same extent as if it were copied at length herein.
PE-3
Surety, for value received, stipulates and agrees that no change,
extension of time, alteration or addition to the terms of the contract, or to the
work performed thereunder, or the plans, specifications or drawings accompanying
the same, shall in anywise affect its obligation on this bond, and it does hereby
waive notice of any such change, extension of time, alteration or addition to the
terms of the contract, or to the work to be performed thereunder.
IN WITHNESS WHEREOF, the said Principal and Surety have signed and
sealed this instrument this day of
By
Title
1911--.
. y s;,4
Title
Address Address
Cam!by , Q' rAim r 7-70 29~
(SEAL)
The name and address of the Resident Agent of Surety is:
PB-4
(SEAL)
-T-V 76//Z
0092b
UNIVERSAL SURETY OF AMERICA
1812 Durham / Houston, Texas 77007 6041
GPA 761
For verification of the authority of this power you may telephone (713) 863-7788. Power of Attorney Valid Only If
Last Four Digits Appear In Red
GENERAL POWER OF ATTORNEY - CERTIFIED COPY
Know All Men by These Presents, That UNIVERSAL SURETY OF AMERICA, a corporation duly organized and existing under
the laws of the State of Texas, and having its principal office in Houston, Texas, does by these presents make, constitute and appoint
Bobby W. Bush
of Dallas and Slate of Texas its true and lawful Attorney(s)-in-Fact, with full power
and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver
Bonds not to exceed 1,
and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate
seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that t1~e said Attorney(s)-in-Fact may do
within the above stated limitations, and such authority is to continue in force until Till further notice
Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of Universal Surety
of America at a meeting held on the I Ith day of July, 1984.
"Be It Resolved, that the President, any Vice President, Secretary or any Assistant Secretary shall be and is hereby vested with
full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of
the Company."
"RESOLVED that the signature of any officer of the corporation, and the seal of the corporation may be affixed or printed by
facsimile to any power of attorney of the corporation, and that such printed facsimile signature and seal shall be valid and binding upon
the corporation."
In Witness Whereof, Universal Surety of America has caused these presents to be signed by its
President, John Knox, Jr. and its corporate seal
to be hereto affixed this 1st day of March , A.D., 19 90
aow^E*~a UNIVERSA R A
By.
State of Texas t:'e John nox,"Jr. President
as:
County of Harris
On this 15t day of March , in the year, In me Wendy W. Stuckey
a notary public, personally appeared John Knox. Jr. , personally known to me to be the
person who executed the within instrument as President , on behalf of the corporation therein
named and acknowledged to me that the corporation executed it.
l~~i N~•E+'' T~
~%401:,,,°n'm+'£ Notary Public
1, the undersigned Secretary of Universal Surety of America, hereby certify that the above and foregoing is a full,, True and correct
copy of the Original Power of Attorney issued by said Company, and do hereby further certify that the said Power of Attorney is still in
force and effect.
GIVEN under my hand and the seal of said Company, at Houston, Texas, this . /K day of ~4f
i
Secretary
COMPLAINT NOTICE: Should any disputes arise regarding either your premium or a claim, contact Universal
Surety of America at 1812 Durham, Houston, Texas 77007 or by calling (713) 863-7788. If the problem is not resolved you
may also write the State Board of Insurance, P.O. Box 149091, Austin, Texas 78714-9091, Fax(512)475-1771. This notice
of complaint procedure is for information only and does not become a part or condition of this bond.
Any instrument issued in excess of the penalty stated above is totally void and without any validity.
CITY OF DENTON
INSURANCE REQUIREMENTS FOR
Bidder's attention is directed to the insurance requirements below.
It is highly recommended that bidders confer with their respective
insurance carriers or brokers to determine in advance of Bid
submission the availability of insurance certificates and endorse-
ments as prescribed and provided herein. If an apparent low bidder
fails to comply strictly with the insurance requirements, that
bidder may be disqualified from award of the contract. Upon bid
award, all insurance requirements shall become contractual
obligations which the successful bidder shall have a duty to
maintain throughout the course of this contract.
STANDARD PROVISIONS:
Without limiting any of the other obligations or liabilities of the
Contractor, the Contractor shall provide and maintain until the
contracted work has been completed and accepted by the City of
Denton, Owner, the minimum insurance coverage as indicated
hereinafter.
As soon as practicable after notification of bid award, Contractor
shall file with the Purchasing Department satisfactory certificates
of insurance, containing the bid number and title of the project.
Contractor may, upon written request to the Purchasing Department,
ask for clarification of any insurance requirements at any time;
however, Contractors are-strongly advised to make such requests
prior to bid openingr since the insurance requirements may not be
modified or waived after bid opening unless a written exception has
been submitted with the bid. contractor shall not commence any
work or deliver any material until he or she receives notification
that the contract has been accepted, approved, and signed by the
City of Denton.
All insurance policies proposed or obtained in satisfaction of
these requirements shall comply with the following general
specifications, and shall be maintained in compliance with these
general specifications throughout the duration of the Contract, or
longer, if so noted:
• Each policy shall be issued by a company authorized to do
business in the State of Texas with an A.M. Best Company
rating of at least A
• Any deductibles or self-insured retentions shall be
declared in the bid proposal. If requested by the City,
the insurer shall reduce or eliminate such deductibles or
self-insured retentions with respect to the City, its
Revised 02/05/93
Insurance Requirements
Page 2
officials, agents, employees and volunteers; or, the
contractor shall procure a bond guaranteeing payment of
losses and related investigations, claim administration and
defense expenses.
Liability policies shall be endorsed to provide the
following:
■ Name as additional insured the City of Denton, its
Officials, Agents, Employees and volunteers.
■ That such insurance is primary to any other insurance
available to the additional insured with respect to
claims covered under the policy and that this insurance
applies separately to each insured against whom claim is
made or suit is brought. The inclusion of more than one
insured shall not operate to increase the insurer's
limit of liability.
• All policies shall be endorsed to provide thirty(30) days
prior written notice of cancellation, non-renewal or
reduction in coverage.
• Should any of the required insurance be provided under a
claims-made form, Contractor shall maintain such coverage
continuously throughout the term of this contract and,
without lapse, for a period of three years beyond the
contract expiration, such that occurrences arising during
the contract term which give rise to claims made after
expiration of the contract shall be covered.
• Should any of the required insurance be provided under a
form of coverage that includes a general annual aggregate
limit providing for claims investigation or legal defense
costs to be included in the general annual aggregate limit,
the contractor shall either double the occurrence limits or
obtain owners and Contractors Protective Liability
Insurance.
Should any required insurance lapse during the contract
term, requests for payments originating after such lapse
shall not be processed until the City receives satisfactory
evidence of reinstated coverage as required by this
contract, effective as of the lapse date. If insurance is
not reinstated, City may, at its sole option, terminate
this agreement effective on the date of the lapse.
Revised 02/05/93
Insurance Requirements
Page 3
SPECIFIC ADDITIONAL INSURANCE REOUIREMENTS:
All insurance policies proposed or obtained in satisfaction of this
Contract shall additionally comply with the following marked
specifications, and shall be maintained in compliance with these
additional specifications throughout the duration of the Contract,
or longer, if so noted:
[x] A. General Liability Insurance:
General Liability insurance with combined single limits of
not less than ssoo_ooo_oo shall be provided and
maintained by the contractor. The policy shall be written
on an occurrence basis either in a single policy or in a
combination of underlying and umbrella or excess policies.
If the Commercial General Liability form (ISO Form CG 0001
current edition) is used:
Coverage A shall include premises, operations,
products, and completed operations, independent
contractors, contractual liability covering this
contract and broad form property damage coverages.
Coverage B shall include personal injury.
Coverage C, medical payments, is not required.
If the Comprehensive General Liability form (ISO Form GL
0002 Current Edition and ISO Form GL 0404) is used, it
shall include at least:
• Bodily injury and Property Damage Liability for
premises, operations, products and completed
operations, independent contractors and property
damage resulting from explosion, collapse or
underground (XCU) exposures.
• Broad form contractual liability (preferably by
endorsement) covering this contract, personal injury
liability and broad form property damage liability.
[x] Automobile Liability Insurance:
Comprehensive or Business Automobile Liability insurance shall
be provided by the Contractor with limits of not less than _
$300,000.00 per occurrence either in a single policy or in a
combination of underlying and umbrella or excess policies.
Revised 02/05/93
Insurance Requirements
Page 4
The policy will include bodily injury and property damage
liability arising out of the operation and maintenance of all
automobiles and mobile equipment used in conjunction with this
contract including owned, scheduled, hired, and non-owned
vehicles and employee non-owned use. Scheduled automobiles
will be listed in the Description or Remarks section of the
Certificate of Insurance. (ISO Form CA 0001 Current Edition)
[X] Workers Compensation Insurance
Contractor shall purchase and maintain Worker's Compensation
insurance which, in addition to meeting the minimum statutory
requirements for issuance of such insurance, has Employer's
Liability limits of at least $100,000 for each accident,
$100,000 per each employee, and a $500,000 policy limit for
occupational disease. The City need not be named as an
"Additional Insured" but the insurer shall agree to waive all
rights of subrogation against the City, its officials, agents,
employees and volunteers for any work performed for the City
by the Named Insured.
Owner's and Contractor's Protective Liability Insurance
The Contractor shall obtain, pay for and maintain at all times
during the prosecution of the work under this contract, an
Owner's and Contractor's Protective Liability insurance policy
naming the City as insured for property damage and bodily
injury which may arise in the prosecution of the work or
contractor's operations under this contract. Coverage shall
be on an "occurrence" basis, and the policy shall be issued by
the same insurance company that carries the contractor's
liability insurance. Policy limits will be at least
combined bodily injury and property damage per
occurrence with a aggregate.
[ ] Fire Damage Legal Liability Insurance
coverage is required if Broad
provided or is unavailable
contractor leases or rents a
Limits of not less than
required.
form General Liability is not
to the contractor or if a
portion of a City building.
each occurrence are
Revised 02/05/93
Insurance Requirements
'Page' 5
[ ] Professional Liabilit Insurance
Professional liability insurance with limits not less than _
per claim with respect to negligent acts,
errors or omissions in connection with professional services
is required under this Agreement.
[ ] Builders' Risk Insurance
Builders' Risk Insurance, on an All-Risk 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 is required for a specific contract,
that requirement will be described in the "Specific
Conditions" of the contract specifications.
AFFOOOED
Revised 02/05/93
SECTION 00300 - PROPOSAL FORM
00050.1 TIME: 2:00 P.M.
00050.2 DATE: June 22, 1993
00050.3 TO: Purchasing Agent
City of Denton
901 B. Texas Street
Denton, Texas 76201
Gentlemen:
00050.4 STIPULATED SUM
The undersigned having examined the Contract Documents entitled:
North Lakes Park, Complex Hydromuich, Bid #1513
City of Denton
and having visited the site of the proposed construction, and having familiarized himself with the
local conditions affecting the cost of the work, and with all addenda to the said documents, hereby
proposes to furnish all supervision, labor, materials, equipment, tools, and accessories and to do
all work in accordance with said documents and addenda thereto for the stipulated sum of:
/ N/~ i
i
cy ~f/~%SdjVl C/GNT jN/ ;LI
Dollars
)
. P571""
Base bid
Note: Amounts shall be shown in both words and figures. In case of discrepancies, the amount
in words shall govern.
00300- 1
ADDENDA:
This will acknowledge receipt of the following addenda which are part of the Bidding Documents:
Addendum No. JuQI ZI l(lel -3 Addendum No.
Addendum No.
Addendum No.
The undersigned bidder hereby declares that he has visited the site of the work and has carefully
examined the Contract Documents pertaining to the work covered by the above bid, and he further
agrees to commence work within ten (10) days after date of written notice to do so and to
substantially complete the work on which he has bid within 1476) consecutive calendar
days subject to such extensions of time allowed by specifications.
The undersigned bidder agrees that his bid shall be goad and may not be withdrawn for a period
of 60 calendar days after the scheduled closing time for receiving bids.
The undersigned bidder understands that the Owner reserves the right to reject any or all bids and
to waive any informalities in the bidding.
BID GUARANTY:
Enclosed with this Bid is a Certified Check for:
DOLLARS (S
or a Bid Bond in the sum of
DOLLARS (S
which it is agreed shall be collected and retained by the Owner as liquidated damages in the event
this Bid is accepted by the Owner within 60 days after the bids are received and the undersigned
fails to execute the Contract and the required Bonds with the said Owner within ten (10) days after
the date said Bid is accepted; otherwise said check or bond shall be returned to the undersigned
upon demand.
00300 - 2
T3--> A-) k
*Seal
o~ '760
City, State, ip Code
Phone
'If Bidder is a Corporation
00300 - 3
Coe a ; 1 ~(-c ~
Address
JUL - 1 9- S 3 M O N l6-.4r. KAY GRANGER INS P- 0 2
ACOI:U. CERTIFICATE OF INSURANCE DATE IMMIpOn"'
n7i19/ss
raouucBR THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND
CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE
DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
POUCIES mELOW. _
Kay Granger Insurance Agency, Inc. COMPANIES AFFOIDING COVERAGE
6464 Brentwood Stair Road
Fort Worth, Texas 76112 LYA
(817)496-1460
COMPANY 8
Rleuno LETTER
CCOMTTERPANY /6
Bowden's Guaranteed Hydromulch & Sod, Inc. L~
6516 Colleyville Blvd CBOTMPPpNYD
Colleyville, Texan 76034
LETTER MPANY E
Gulf Insurance Company
Texas Worker's Compensation InN.Fund
MID IB ow L.enllry InA, iIS
AND CONDITIONS
CO TYPE OF INSURANCE
LT11
GENERAL LULDILITY+•
A X COMMERCIAL. GENERAL. LIABILITY
CLAIMS MADE~ OCCUR.
OWNER'S A (;ONIRACTOR•R PACT.
POLICY NUMBER
TOPP7667082
AUTOMOBILE LIABILITY
COMBINED SINGLE
A X ANY AUTO
LIMIT
1
ALL OWNED AIIIGS
BAS432108 8-15-92 8-15-93 BODILYDOUnY
P
s
100000
6CHSUULrn Atli')"
al Palate)
(
.
,
HIRED AUIGA
BODILY INJURY
P
ld
6
300
000.
MON-OWNED Au1na
al aaa
aPll
(
,
GARAGE LIABIL II Y
PROPERTY DAMAGE
1
100, 000.
CXCEBB LIABILITY
UMBREL LA I'INIM
OTHER THAN UMBRELIA FORM
WORRER'S T.OMPENSATION
9 AND TSF103060-00 8-11-92 8-11-93
BMPLOVERS'LIAINUTY
*THEN
DESCRIPTION OF OPERATIONS&OCATIONSNENICLESmPECML ITEMS
Additional Insured (General Liability & Business Auto) & Waiver of Subrogation (Workers'Comp):
City of Denton, its Officials, Agents, Employees and Volunteers.
rIFICAT6 HOLDER FAX 817-382-4692
Attn{ Tom Shaw
City of Denton
901-B Texas Street
Denton, Texas 76201
ACORO 23.5 (7/90) _
JUL 19 '93 16 47
STATUTORY LIMITS
EACH ACCIDENT 6
100,000
DmeABN-POLav LIMIT S
500, 000
WNFASS-EACH EMPLOYEE 6
ORDED BY THE POLICIES 096CMIUMO MEREIN 15
IY HAVE BEEN REDUCED BY PAID CLAIMS.
POLICY EFFECTIVE POLICY EXPIRATION
DATE OMMMDP/Y) DATE (MMIOOIVY)
GENERAL AGGREGATE
6
8-15-92 8-15-93 FRODUCr6.4MPA)PAGB
PERSONAL A
I
'L,000 OLIO
■1
1,0009000
NJURY
MY.
EACH OCCURRENCE
3
61,000,000
FIRE DAMAGE IMry am oral
S1,0001000
MOM RYOPNRR U.-.w.r.w.1
. 50,000
THR FnI MY 9FRInn
IECT TO WHICH THIS
TO ALL THE TERMS.
LIMITS
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION OATS THEREOF, THE ISSUING COMPANY WILL :BHO['XT1MM
MAIL q n DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
AUTHORISED NEPRE6E ATIVE
wOACOAD CORPORATION 1994
8174299608 PAGE.002
EACH OCCURRENCE a
AGGREGATE 6
CONTRACT AGREEMENT
STATE OF TEXAS
COUNTY OF DENTON
THIS AGREEMENT, made and entered into this 6 day of JULY
A.D., 1993 , by and between THE CITY OF DENTON
of the County of DENTON and State of Texas, acting through
LLOYD V. HARRELL thereunto duly authorized so to do,
hereinafter termed 'OWNER,' and `BOw qg GUARANTEED HYDROMULCH AND
6516 COLLEYVILLE BLVD.. COLLEYVILLE. TEXAS 76034
of the City of COLLEYVILLE , County of TARRANT
and State of TEXAS , hereinafter termed 'CONTRACTOR.'
WITNESSETH: That for and in consideration of the payments and
agreements hereinafter mentioned, to be made and performed by OWNER, and under
the conditions expressed in the bonds bearing even date herewith, CONTRACTOR
hereby agrees with OWNER to commence and complete performance of the work
specified below:
BID # 1513 - SOFTBALL AND SOCCER COMPLEX HYDROMULCH in the amount of $38,879.00
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, supplies, 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 attached hereto, and in
accordance with all the General Conditions of the Agreement, the Special
Conditions, the Notice to Bidders (Advertisement for Bids), Instructions to
Bidders, and the Performance and Payment Bonds, all attached hereto, and in
accordance with the plans, which includes all maps, plats, blueprints, and
CA-1
0114s
other drawings and printed or written explanatory matter thereat, ana cne
Specifications therefore, as prepared by J.T. DDNKIN & ASSOCIATES, INC.
, all of which are made a part hereof and collectively evidence and
constitute the entire contract.
Independent Status
It is mutually understood and agreed by and between City and
Contractor that Contractor is an independent contractor and shall not be
deemed to be or considered an employee of the City of Denton, Texas, for the
purposes of income tax, withholding, social security taxes, vacation or sick
leave benefits, worker's compensation, or any other City employee benefit.
City shall not have supervision 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
direction of the City Manager of the City of Denton, Texas, or his designee
under this agreement.
Indemnification
Contractor shall and does hereby agree to indemnify and hold harmless
the City of Denton from any and all damages, loss, or liability of any kind
whatsoever, by reason of injury to property or third persons occasioned by any
error, omission or negligent act of Contractor, its officers, agents,
employees, invitees, and other persons for whom it is legally liable, with
regard to the performance of this Agreement, and Contractor will, at its cost
and expense, defend and protect the City of Denton against any and all such
claims and demands.
Choice of Law and Venue
This agreement shall be governed by the law of the State of Texas and
venue for its construction and enforcement shall lie in the courts of Denton
County, Texas.
The CONTRACTOR hereby agrees to commence work on or after the date
established for the start of work as set forth in written notice to commence
work and complete all work within the time stated in the Proposal, subject to
such extensions of time as are provided by the General and Special Conditions.
The OWNER agrees to pay the CONTRACTOR in current funds the price or
prices shown in the Proposal, which forms a part of this contract, such
payments to be subject to the General and Special Conditions of the Contract.
CA-2
0114s
IN WITNESS WHEREOF, the parties of these presents have executed this
agreement in the year and day first above written.
ATTEST:
CITY OF D
AAJ~A OWNS
B
AIL)
ATTEST:
las -
BOWDEN'S GUARANTEED HYDROMULCH &
(SEAL)
APPROV'EDD AS TO FORM:
ity A c
y Attorney ey
M. CHERYL LITTLE
* NOTARY PUBLIC
State of Texas
Comm. Exp. 0405.97
CA-3
0114s
. _ PERFORMANCE BOND
STATE OF TEXAS
COUNTY OF DENTON ) (
KNOW ALL MEN BY THESE PRESENTS: That BOWDEN'S GUARANTEED HYDROMULCH
AND SOD TNC. of the City of (7pT.T.F.VVTLT.F.
County of TARRANT , and State of TEXAS
as PRINCIPAL, and
as SURETY, authorized under the laws of
the State of Texas to act as surety on bonds for principals, are held and firmly
bound unto the THE CITY OF DENTON
as OWNER, in the penal sum of THIRTY EIGHT THOUSAND EIGHT HUNDRED SEVENTY NINE AND
no/100------------ Dollars 38.679.00 ) for the payment whereof, the said
Principal and Surety bind themselves and their heirs, administrators, executors,
successors and assigns, jointly and severally, by these presents:
WHEREAS, the Principal has entered into a certain written contract
with the OWNER, dated the 6 day of JULY , 19 93, for the construction of
'BID #1513 - SOFTBALL AND SOCCER COMPLEX HYDROMULCH in the amount of $38,879.00
which contract is hereby referred to and made a dpart hereof as fully and to the
same extent as if copied at length herein.
NOW, THEREFORE, the condition of this obligation is such, that if the
said principal shall faithfully perform said Contract and shall in all respects,
conditions and agreements in and by said contract agreed and covenanted by the
Principal to be observed and performed, and according to the true intent and
meaning of said Contract and the Plana and Specifications hereto annexed, then this
obligation shall be void: otherwise to remain in full force and effect;
PB-1
PROVIDED, HOWEVER, that this bond is executed pursuant to the
provisions of Article 5160 of the Revised Civil Statutes of Texas as amended by
acts of the 72nd Legislature, Regular Session, 1991, and all liabilities on this
bond shall be determined in accordance with the provisions of said Article to the
same extent as if it were copied at length herein.
PROVIDED FURTHER, that if any legal action be filed upon this bond,
venue shall lie in DENTON County,.State of Texas.
Surety, for value received, stipulates and agrees that no change,
extension of time, alteration or addition to the terms of the contract, or to the
work performed thereunder, or the plans, specifications, or drawings accompanying
the same, shall in anywise affect its obligation on this bond, and it does hereby
waive notice of any such change, extension of time, alteration or addition to the
terms of the contract, or to the work to be performed thereunder.
IN WITNESS WHEREOF, the said Principal and Surety have signed and
sealed this instrument this day of 193 .
Principal
- ~(~TlK 6Yl! Ca
Surety
By / VJz/✓
Title Title/ .4{t-;4
,Ad/dress 2a ZC"
HoG'j-, `TX -77~ZS/
( SEAL )
The name and address of the Resident Agent of Surety is:
(SEAL)
~i'e. A, k<e . -
t•~/~Y+ti ~C -7 6 t 2
VOTE: Date of Bond must not be prior to date of Contract.
PB-2
J091b
UNIVERSAL SURETY OF AMA
1812 Durham / Houston, Texas 77007 6041
GPA 761
For verification of the authority of this power you may telephone (713) 863-7788. Power of Attorney Valid Only If
Last Four Digits Appear In Red
GENERAL POWER OF ATTORNEY - CERTIFIED COPY
Know All Men by These Presents, That UNIVERSAL SURETY OF AMERICA, a corporation duly organized and existing under
the laws of the State of Texas, and having its principal office in Houston, Texas, does by these presents make, constitute and appoint
Bobby W. Bush
of Dallas and Stale of Texas its true and lawful Attorney(s)-in-Fact, with full power
and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver
Bonds not to exceed 1,
and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate
seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Atlorney(s}in-Fact may do
within the above stated limitations, and such authority is to continue in force until Till further notice .
Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of Universal Surety
of America at a meeting held on the I Ith day of July, 1984.
"Be h Resolved, that the President, any Vice President, Secretary or any Assistant Secretary shall be and is hereby vested with
full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of
the Company."
"RESOLVED that the signature of any officer of the corporation, and the seal of the corporation may be affixed or printed by
facsimile to any power of attorney of the corporation, and that'such printed facsimile signature and seal shall be valid and binding upon
the corporation."
In Witness Whereof, Universal Surety of America has caused these presents to be signed by its
President John Knox. Jr. and its corporate seal
to be hereto affixed this 1st day of March , A.D., 19 90
UNIVERSA R A
State of Texas i/ John nox,"Jr. President
as:
County of Harris r,,,,EYVp~d'
On this tat day of March , in the year. 0 fore me Wendv W. Stuckey
,personally known to me to he the
a notary public, personally appeared John Knox Jr.
person who executed the within instrument as President , on behalf of the corporation therein
named and acknowledged to me that the corporation executed it.
1 1i,EEf'E'~'t. .
YY "a'~ne~Ma~ Notary Public
1, the undersigned Secretary of Universal Surety of America, hereby certify that the above and foregoing is a full, true and currect
copy of the Original Power of Attorney issued by said Company, and do hereby further certify that the said Power cf Attorney is still in
force and effect.
GIVEN under my hand and the seal of said Company, at Houston, Texas, this _/C40- day of~uf v
Secretary
COMPLAINT NOTICE: Should any disputes arise regarding either your premium or a claim, contact Universal
Surety of America at 1812 Durham, Houston, Texas 77007 or bycalling(713) 863-7788. If the problem is not resolved you
may also write the State Board of Insurance, P.O. Box 149091, Austin, Texas 78714-9091, Fax (512) 475-1771. This notice
of complaint procedure is for information only and does not become a part or condition of this bond.
Any instrument issued in excess of the penalty stated above is totally void and without any validity.
PAYMENT BOND
STATE OF TEXAS
COUNTY OF DENTON
KNOW ALL MEN BY THESE PRESENTS: That BowDEN,s GUARANTEED HYDRomuLcB &
son rxr__ of the City of COLLEYVILLE
County of TARRANT , and State of TEXAS , as principal, and
authorized under the laws of the State of Texas to act as surety on bonds for
principals, are held and firmly hound unto THE CITY OF DENTON
, OWNER, in the penal sum of THIRTY EIGHTY THOUSAND EIGHT
HUNDRED SEVENTY NINE and no/100-------------------------- Dollars (t 38,879.00 )
for the payment whereof, the said Principal and Surety bind themselves and their
heirs, administrators, executors, successors and assigns, jointly and severally, by
thes presents:
WHEREAS,
the
Principal
has
with the Owner, dated
the
6 day
of
19 93
BID # 1513 - SOFTBALL & SOCCER COMPLEX HYDROMULCH
to which contract is hereby referred to and made a part hereof as fully and to the
same extent as if copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the
said Principal shall pay all claimants supplying labor and material to him or a
subcontractor in the prosection of the work provided for in said contract, then
this obligation shall be void, otherwise to remain in full force and effect;
PROVIDED, HOWEVER, that this bond is executed pursuant to the
provisions of Article 5160 of the revised Civil Statutes of Texas as amended by the
acts of the 72nd Legislature, Regular Session, 1991, and all liabilities on this
bond shall be determined in accordance with the provisions of said Article to the
same extent as if it were copied at length herein.
entered into a certain written contract
JULY
PB-3
Surety, for value received, stipulates and agrees that no change,
extension of time, alteration or addition to the terms of the contract, or to the
work performed thereunder, or the plans, specifications or drawings accompanying
the same, shall in anywise affect its obligation on this-bond, and it does hereby
waive notice of any such change, extension of time, alteration or addition to the
terms of the contract, or to the work to be performed thereunder.
IN WITHNESS WHEREOF, the said Principal and Surety have signed and
sealed this instrument this (5 day of -4.I„ , 19
By -
Title IFA44
Title
Address Address rj~ p c[~~, ;65
~,66 rTX -7-70 zS-~
(SEAL)
The name and address of the Resident Agent of Surety is:
PB-4
(SEAL)
/--tU0y--41 TV 7,9Jf Z
0092b
UNIVERSAL SURETY OF AMERICA
1812 Durham / Houston, Texas 77007 6041
GPA 761
For verification of the authority of this power you may telephone (713) 863-7788. Power of Attorney Valid Only If
Last Four Digits Appear In Red
GENERAL POWER OF ATTORNEY - CERTIFIED COPY
Know All Men by These Presents, That UNIVERSAL SURETY OF AMERICA, a corporation duly organized and existing under
the laws of the State of Texas, and having its principal office in Houston, Texas, does by these presents make, constitute and appoint
Bobby W. Bus
of Dallas and Slate of Texas its true and lawful Attorney(s)-in-Fact, with full power
and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver
Bonds not to exceed 1,
and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate
seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do
within the above stated limitations, and such authority is to continue in force until Till further notice .
Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of Universal Surety
of America at a meeting held on the 11th day of July, 1984.
"Be It Resolved, that the President, any Vice President, Secretary or any Assistant Secretary shall be and is hereby vested with
full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of
the Company."
"RESOLVED that the signature of any officer of the corporation, and the seal of the corporation may be affixed or printed by
facsimile to any power of attorney of the corporation, and that such printed facsimile signature and seal shall be valid and binding upon'
the corporation."
In Witness Whereof, Universal Surety of America has caused these presents to be signed by its
President John Knox. Jr. and its corporate seal
to be hereto affixed this 1st day of March , A.D., 19 90
"W UNIVERSA RET A
y,1PEEY G
€ By.
State of Texas ~.fr John nox,"Jr. president
as:
County of Harris
On this 1st day of March , in the years-, fore me Wendy W. Stuckek
a notary public, personally appeared John Knox Jr ,personally known to me to he the
person who executed the within instrument as President , on behalf of the corporation therein
named and acknowledged to me that the corporation executed it.
b! w"`sr`
gl,...:.....o.EA
,{W F'~,PY "44'• F i[ WI 1111)
BgMMN Notary Public
1, the undersigned Secretary of Universal Surety of America, hereby certify that the above and foregoing is a full, jrue and correct
copy of the Original Power of Attorney issued by said Company, and do hereby further certify that the said Power of Attorney is still in
force and effect.
GIVEN under my hand and the seal of said Company, at Houston, Texas, this day of --b -()e
Secretary
COMPLAINT NOTICE: Should any disputes arise regarding either your premium or a claim, contact Universal
Surety of America at 1812 Durham, Houston, Texas 77007 or by calling (713) 863-7788. If the problem is not resolved you
may also write the State Board of Insurance, P.O. Box 149091, Austin, Texas 78714-9091, Fax (512) 475-1771. This notice
of complaint procedure is for information only and does not become a part or condition of this bond.
Any instrument issued in excess of the penalty stated above is totally void and without any validity.
CITY OF DENTON
INSURANCE REQUIRMIENTS FOR CONTRACTORS
Bidder's attention is directed to the insurance requirements below.
It is highly recommended that bidders confer with their respective
insurance carriers or brokers to determine in advance of Bid
submission the availability of insurance certificates and endorse-
ments as prescribed and provided herein. if an apparent low bidder
fails to comply strictly with the insurance requirements, that
bidder may be disqualified from award of the contract. Upon bid
award, all insurance requirements shall become contractual
obligations which the successful bidder shall have a duty to
maintain throughout the course of this contract.
STANDARD PROVISIONS:
Without limiting any of the other obligations or liabilities of the
Contractor, the Contractor shall provide and maintain until the
contracted work has been completed and accepted by the City of
Denton, Owner, the minimum insurance coverage as indicated
hereinafter.
As soon as practicable after notification of bid award, Contractor
shall file with the Purchasing Department satisfactory certificates
of insurance, containing the bid number and title of the project.
Contractor may, upon written request to the Purchasing Department,
ask for clarification of any insurance requirements at any time;
however, Contractors are strongly advised to make such requests
prior to bid opening, is are- strongly
the insurance requirements may not be
modified or waived after bid opening unless a written exception has
been submitted with the bid. Contractor shall not commence any
work or deliver any material until he or she receives notification
that the contract has been accepted, approved, and signed by the
City of Denton.
All insurance policies proposed or obtained in satisfaction of
these requirements shall comply with the following general
specifications, and shall be maintained in compliance with these
general specifications throughout the duration of the Contract, or
longer, if so noted:
• Each policy shall be issued by a company authorized to do
business in the State of Texas with an A.M. Best Company
rating of at least A
• Any deductibles or self-insured retentions shall be
declared in the bid proposal. If requested by the City,
the insurer shall reduce or eliminate such deductibles or
self-insured retentions with respect to the City, its
Revised 02/05/93
Insurance Requirements
Page 2
officials, agents, employees and volunteers; or, the
contractor shall procure a bond guaranteeing payment of
losses and related investigations, claim administration and
defense expenses.
Liability policies shall be endorsed to provide the
following:
■ Name as additional insured the City of Denton, its
Officials, Agents, Employees and volunteers.
■ That such insurance is primary to any other insurance
available to the additional insured with respect to
claims covered under the policy and that this insurance
applies separately to each insured against whom claim is
made or suit is brought. The inclusion of more than one
insured shall not operate to increase the insurer's
limit of liability.
All policies shall be endorsed to provide thirty(30) days
prior written notice of cancellation, non-renewal or
reduction in coverage.
• Should any of the required insurance be provided under a
claims-made form, Contractor shall maintain such coverage
continuously throughout the term of this contract and,
without lapse, for a period of three years beyond the
contract expiration, such that occurrences arising during
the contract term which give rise to claims made after
expiration of the contract shall be covered.
• Should any of the required insurance be provided under a
form of coverage that includes a general annual aggregate
limit providing for claims investigation or legal defense
costs to be included in the general annual aggregate limit,
the contractor shall either double the occurrence limits or
obtain Owners and Contractors Protective Liability
Insurance.
e Should any required insurance lapse during the contract
term, requests for payments originating after such lapse
shall not be processed until the City receives satisfactory
evidence of reinstated coverage as required by this
contract, effective as of the lapse date. If insurance is
not reinstated, City may, at its sole option, terminate
this agreement effective on the date of the lapse.
Revised 02/05/93
Insurance Requirements
Page 3
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS:
All insurance policies proposed or obtained in satisfaction of this
Contract shall additionally comply with the following marked
specifications, and shall be maintained in compliance with these
additional specifications throughout the duration of the Contract,
or longer, if so noted:
[x] A. General Liability Insurance:
General Liability insurance with combined single limits of
not less than ssoo.oon_on shall be provided and
maintained by the contractor. The policy shall be written
on an occurrence basis either in a single policy or in a
combination of underlying and umbrella or excess policies.
If the Commercial General Liability form (ISO Form CG 0001
current edition) is used:
Coverage A shall include premises, operations,
products, and completed operations, independent
contractors, contractual liability covering this
contract and broad form property damage coverages.
Coverage B shall include personal injury.
• Coverage C, medical payments, is not required.
If the Comprehensive General Liability form (ISO Form GL
0002 Current Edition and ISO Form GL 0404) is used, it
shall include at least:
• Bodily injury and Property Damage Liability for
premises, operations, products and completed
operations, independent contractors and property
damage resulting from explosion, collapse or
underground (XCU) exposures.
• Broad form contractual liability (preferably by
endorsement) covering this contract, personal injury
liability and broad form property damage liability.
[x] Automobile Liability Insurance:
Comprehensive or Business Automobile Liability insurance shall
be provided by the Contractor with limits of not less than _
S300,000.00 per occurrence either in a single policy or in a
combination of underlying and umbrella or excess policies.
Revised 02/05/93
Insurance Requirements
Page 4
The policy will include bodily injury and property damage
liability arising out of the operation and maintenance of all
automobiles and mobile equipment used in conjunction with this
contract including owned, scheduled, hired, and non-owned
vehicles and employee non-owned use. Scheduled automobiles
will be listed in the Description or Remarks section of the
Certificate of Insurance. (ISO Form CA 0001 Current Edition)
[x] Workers Compensation Insurance
Contractor shall purchase and maintain Worker's Compensation
insurance which, in addition to meeting the minimum statutory
requirements for issuance of such insurance, has Employer's
Liability limits of at least $100,000 for each accident,
$100,000 per each employee, and a $500,000 policy limit for
occupational disease. The City need not be named as an
"Additional Insured" but the insurer shall agree to waive all
rights of subrogation against the City, its officials, agents,
employees and volunteers for any work performed for the City
by the Named Insured.
[ ] Owner's and Contractor's Protective Liability Insurance
The Contractor shall obtain, pay for and maintain at all times
during the prosecution of the work under this contract, an
Owner's and Contractor's Protective Liability insurance policy
naming the City as insured for property damage and bodily
injury which may arise in the prosecution of the work or
contractor's operations under this contract. Coverage shall
be on an "occurrence" basis, and the policy shall be issued by
the same insurance company that carries the contractor's
liability insurance. Policy limits will be at least
combined bodily injury and property damage per
occurrence with a aggregate.
[ ] Fire Damage Legal Liability insurance
coverage is required if Broad
provided or is unavailable
contractor leases or rents a
Limits of not less than
required.
form General Liability is not
to the contractor or if a
portion of a City building.
each occurrence are
Revised 02/05/93
Insurance Requirements
. , Page' 5
[ ] Professional Liability Insurance
Professional liability insurance with limits not less than _
per claim with respect to negligent acts,
errors or omissions in connection with professional services
is required under this Agreement.
[ ] Builders' Risk Insurance
Builders' Risk Insurance, on an All-Risk 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 is required for a specific contract,
that requirement will be described in the "Specific
Conditions" of the contract specifications.
AFFOOOED
Revised 02/05/93
SECTION 00300 - PROPOSAL FORM
00050.1 TIME: 2:00 P.M.
00050.2 DATE: June 22, 1993
00050.3 TO: Purchasing Agent
City of Denton
901 B. Texas Street
Denton, Texas 76201
Gentlemen:
00050.4 STIPULATED SUM
The undersigned having examined the Contract Documents entitled:
North Lakes Park, Complex Hydromulch, Bid #1513
City of Denton
and having visited the site of the proposed construction, and having familiarized himself with the
local conditions affecting the cost of the work, and with all addenda to the said documents, hereby
proposes to furnish all supervision, labor, materials, equipment, tools, and accessories and to do
all work in accordance with said documents and addenda thereto for the stipulated sum of:
/ N AZ llrlivrc,:~ Dollars ? 3. P, `7
Base bid
Note: Amounts shall be shown in both words and figures. In case of discrepancies, the amount
in words shall govern.
00300 - 1
ADDENDA:
This will acknowledge receipt of the following addenda which are part of the Bidding Documents:
Addendum No. `r
Jugs Zf -3 Addendum No.
Addendum No.
Addendum No.
The undersigned bidder hereby declares that he has visited the site of the work and has carefully
examined the Contract Documents pertaining to the work covered by the above bid, and he further
agrees to commence work within ten (10) days after date of written notice to do so and to
substantially complete the work on which he has bid within consecutive calendar
days subject to such extensions of time allowed by specifications.
The undersigned bidder agrees that his bid shall be good and may not be withdrawn for a period
of 60 calendar days after the scheduled closing time for receiving bids.
The undersigned bidder understands that the Owner reserves the right to reject any or all bids and
to waive any informalities in the bidding.
BID GUARANTY:
Enclosed with this Bid is a Certified Check for:
1n'/ OJ
DOLLARS (5 /y / 73'
or a Bid Bond in the sum of
DOLLARS which it is agreed shall be collected and retained by the Owner as liquidated damages in the event
this Bid is accepted by the Owner within 60 days after the bids are received and the undersigned
fails to execute the Contract and the required Bonds with the said Owner within ten (10) days after
the date said Bid is accepted; otherwise said check or bond shall be returned to the undersigned
upon demand.
00300 - 2
~~w~i=r~.s ~~~.a. ~~~;Fxd➢ 1-~cIL'r2~r.^u~~i.~ /~~n ~or~ Snic.
*Seal
C~ - 76 0 7
City, State, ip Code
Phone
*If Bidder is a Corporation
00300 - 3
1. 5 f~ i y' ; : 'Rw
Address
S UL-- 1 S-9 3 MCI N I& :4 6 K AV GRAN G E R I t ,1S I- - 9 2
~►POlub. CERTIFICATE OF INSURANCE 07/19/113
PaauucaR THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND
CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE
DOES NOT AMEND, EXTEND OR ALTER THE COVERAUE AFFORDED BY THE
pOUCIES BELOW.
Kay Granger Insurance Agency, Inc. COMPANIES AFF Rb OINQ COVERAGE
6464 Brentwood Stair Road
Fort Worth. Texas 75112 OLPINNANY A Gulf Insurance Company
(817)496-1460
COMPANY 8
INSURED LETTER
COMPANY `L
LETTER
Bowden's Guaranteed Hydromulch & Sod, Inc.
6516 Colleyville Blvd LETTER
Colleyville•, Texas 76034
LETTER COMPANY E
T Enl MY PFRlnn
Y TO WHICH THIS
ALL THE TERMS.
!H111110 I V R.RH I lr. .
LXCLUSIONS AND
CO TYPE OF INSURANCE POLICY NUMBER
LTN
GENERAL LIABILITY
A X COMMERCIAL. OSNERAI. LIABILITY TOPP7667082
CLAIMR MADR 7x( OCCUR.
OWNER'S A 00WRACAIR'8 PROT.
DRCEO BY THE POLICIES DESCRIBED HEREIN
IY HAVE BEEN REDUCED BY PAID CLAIMS.
POLICY EFFECTIVE POIJOY EXPIRATION
DATE (MMADM') OATS (MWOOIYY)
8-15-92 8-15-93
AUTOMOBILE LIABLITT
A X ANY AUTO
ALL OWNED AUTOS BAS432108
SCHSUUII'n AUUP.
HIREO AU 10K
RON-0WNEO AUlns
GARAGF UABIUI Y
~CXCW6 LAS16Tr
UMBRELLA I'INIM
OTHER THAN NMBRELIA FORM
WORKER'S COMPENSATION
8 AND TSV103060-00 8-11-92 8-11-93
EMPLOYERS' LIABILITY
OTNEN
8TATUTORY LIMITS
EACH ACCIDENT a
1000000
D18EAE8--POLI0Y LIMIT 1
600,000
utNPASe-EACH EMPLOYEE IT
aMPIPTION OF OPENATIOIMOCATIOLWWHICLRSMPECIAL ITEMS
Additional Insured (General Liability & Business Auto) & Waiver of Subrogation (Workers'Comp):
City of Denton, its Officials, Agents, Employees and Volunteers.
CERTIFICATE HOLDER FAX 817-382-4692 CANCELLATION
Attn 1 Tom Shaw SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
City of Denton EXPIRATION OATS THEREOF, THE ISSUING COMPANY WILL 1t1f6t OMXXX
901-8 Texas Street MAIL X DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
Denton, Texas 76201 Darr;YJFJGX~Xa}4>AH(>t9A16G579~4C4l9idLM0lall&INOC31ApI9(1{4
.............................a.,.,... .......~......................w
AOORD
JUL 19 193 16:4?
ADTNORIBSD RSPTSBE ATIVE
~w0A0~D
8174299608 PAGE.002
LIMITS
Texas Workers Compensation InN.Fund
GENERAL A00REUTE '
PRODUG711460116I0P AST. 'L
,COO000,000
PERSONAL A ADV. INJURY S 110000000
EACH OCCURRENCE 61,0001000
FIRE DAMAGE IAPY Pne Rue) s 1 , COO, OOO
MED.EXPENBEMnrenePelemd E 50,000
COMBINED SINGLE
LIMIT
8-15-92 8-15-93 RBODI~, MURY
BODILY INJURY
(For ml onD
PROPERTY DAMAOS
f
s 100,000.
+ 300,000.
e 100,000.
EACH OCCURRENCE L
AGGREGATE S