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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 wp 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