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1998-240
O~O~ANCE NO ~N O~IN~CE ^CCEPTING CO~EUTrVE EmS ~ ^W~NG ^ CO~CT FOR 224~- D~ SOF~ F~,~DS ~'~ P~ ~NO~ATIONS ^W~ED TO ~O~S ~ JEFFERY CONSTRUCTION CO IN THE TOTAL AWARD OF $592,715 00) WHEREAS, the C~ty has solicited, received and tabulated competInve bids for the constmcUon ofpubhc works or improvements m accordance with the procedures of STATE law and C~ty ordinances, and WHEREAS, the City Manager or a demgnated employee has received and recommended that the hereto dascnbed b~ds are the lowest responsible b~ds for the construction of the pubhc works or ~mprovements descnbed ~n 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 b~ds for the construction of public works or improvements, as descnbed ~n the "B~d Invitations", "B~d Proposals" or plans and specifications on file ~n the l Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids BID NUMBER ~ AMOUNT 2244 JONES AND JEFFREY CONSTRUCTION CO. $592,715.00 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 pubhc works or improvements hereto accepted and approved, until such person shall comply w~th all requirements specified in the Notice to Bidders including the timely execution of a written contract and furmsbang of performance and payment bonds, and Insurance certificate 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 ~mprovements ~n accordance with the bids accepted and approved hereto, provided that such contracts are made in accordance w~th the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein SECTION IV That upon acceptance and approval of the above competitive bids and the execution of contracts for the pubhc works and improvements as authonzed herein, the City Council hereby authorizes the expenditure of funds ~n the manner and ~n the amount as spemfied in such approved b~ds and authorized contracts executed pursuant thereto SECTION V That th~s ordinance shall become effective lmmethately upon ~ts passage and approval PASSED ANDAPPROVEDthlsthe 1~ dayof~,1998 JAC~~ ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY 2244 DENIA SOFTBALL FIELDS & PARK RENOVATION CONT ORDINANCE ATTACHMENT # 1 TABULATION SHEET BID # 2244 BID NAME DENIA PARK-SOFTBALL/PARK Jones & Jeffrey Dean IMPROVEMENTS Const Const DATE 28-Jul.98 t TOTAL BASE BID $440,000 00 $505,000 00 Alt #1 $0130 R Candle Lighting $'184,412 00 $193,000 00 Alt # 2 30120 Ft Candle Lighting $154,075 0(~ $'160,000 00 Alt # 3 2 Additional Fixtures $10,000 0(~ $11,000 00 Alt # 4 Concrete Parking Lot St 36,95t 0(~ $144,000 00 Alt # 5 Asphalt Parking Lot $93,750 0(~ $131,500 00 Alt # 6 Complete Irrigation System $4t,950 00 $44,000 00 Alt # 7 Turf Grass Seeding $25,260 0(~ $19,000 00 Alt # 8 Telephone Conduit $6,200 0~ $3,000 00 Alt # 9 Metal Roof In place of Asphalt $12,025 0(~ $14,000 00 Alt # t0 Install classic recreation shelter In lieu of Polygon Shelter -$1,360 0(~ -$2,500 00 Alt # tt Hubbla Lighting In plane of Mueco Lighting on Concrete Poles -$4,300 0(] -$4,300 00 Addendum # 1 Acknowledged Yes Yes Addendum # 2 Acknowledged Yes Yes Bonding Yes Yes 3 CONTRACT AGREEMENT STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT, made and entered into this 18 day of AUGUST A.D., 1998, by and between CITY OF DENTON of the County of DENTON and State of Texas, acting through TED BENAVIDES thereunto duly authorized so to do, hereinafter termed "OWNER," and JONES AND JEFFREY CONSTRUCTION CO. 3801 E. MCKINNEY DENTON, TX 76208 of the City of DENTON County of DENTON and State of TEXAS, hereinafter termed "CONTRACTOR" WITNESSETH That for and m consideration of the payments and agreements hereinafter mentioned, to be made and performed by OWNER, and under the conditions expressed m the bonds attached hereto, CONTRACTOR hereby agrees with OWNER to connnence and complete performance of the work specified below BID # 2244 - DENIA SOFTBALL FIELDS AND PARK RENOVATIONS in the amount of $592,715.00 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 furmsh all materials, supplies, machinery, equipment, tools, supenmendence, 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 m CA- 1 accordance wath the plans, whach includes all maps, plats, blueprints, and other drawangs and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by ENGINEERING DEPARTMENT all of whmh are made a part hereof and collectively evdence and consUtute the entire contract Independent Status It as 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, wahholdmg, somal security taxes, vacation or s~ck leave benefits, worker's compensaUon, or any other City employee benefit Caty shall not have supervmon and control of Contractor or any employee of Contractor, and at is expressly understood that Contractor shall perform the services hereunder according to the attached specfficataons at the general &rectlon of the City Manager of the City of Denton, Texas, or has desagnee under tMs agreement Indemmflcation Contractor shall and does hereby agree to lndenmlfy and hold harmless the Caty of Denton from any and all damages, loss, or habfiaty of any l~nd whatsoever, by reason of injury to property or thard persons occasmned by any error, omass~on or neghgent act of Contractor, ars officers, agents, employees, invatees, and other persons for whom it is legally hable, with regard to the performance of tins Agreement, and Contractor will, at ats cost and expense, defend and protect thc C~ty of Denton agatnst any and all such clauns and demands Choice of Law and Venue Tins agreement shall be governed by the law of the State of Texas and venue for ~ts construcUon and enforcement shall he m 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 m written nouce to commence work and complete all work withan the tune stated m the Proposal, subject to such extensaons of tame as are prowded by the General and Specml Condltmns The OWNER agrees to pay the CONTRACTOR m current funds the price or prices shown an the Proposal, wfuch forms a part of thas contract, such payments to be subject to the General and Specml Con&tlons of the Contract CA - 2 IN WITNESS WHEREOF, the parties of these presents have executed this agreement m the year and day first above wrgten ATTEST ~,~o~ ~~ CITY OF DENTON LY '" Y oW. ER (SISAL) ATTEST .~~~ JONES & JEYFER¥ CONSTRUCTION CO · TNC. CONTRACTOR 3801 E. McKINNEY DENTON· TEXAS 76208 MAILINO ADDRESS 940-382-3124 PHONE NUMBER 940-566-2176 TITLE PRESIDENT ROBERT W JONES~ JR. APPROVED AS TO FOP~ PRINTED NAME CITY ATTORNEY CA - 3 PERFORMANCE BOND STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS That JONES AND JEFFREY CONSTRUCTION CO., whose address is 3801 E. MCKINNEY, DENTON, TX 76208, hemnafter called Prmclpal, and ~ ! TI~ / AI,9II~< C49.5/~/q £ ? v~ ~9 /EI° , a corporation orgamzed and existing under thc laws of fife State of TEXAS, and fully authorized to transact busmess in the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a muraclpal corporation orgamzed and exlstmg under the laws of the State of Texas, hereinafter called Owner, in the penal sum of FIVE HUNDRED NINETY TWO THOUSAND AND SEVEN HUNDRED FIFTEEN and no/100 DOLLARS ($ 592,715.00) plus ten percent of the stated penal sum as an additional sum of money representing addlUonal court expenses, attorneys' fees, and liquidated damages arising out of or connected with the below identified Contract, ~n lawful money of the United States, to be prod in Denton County, Texas, for the payment of wluch sum well and truly to be made, we hereby bind ourselves, our he,rs, executors, adnumstrators, successors, and assigns, jointly and severally, firmly by these presents This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement wfuch reduces the Contract price decrease the penal sum of this Bond THE OBLIGATION TO PAY SAME is conditioned as follows Whereas, the Principal entered ~nto a certain Contract, ~dentlfied by Ordinance Number 98-240, with the City of Denton, the Owner, dated the 18 day of AUGUST A.D 1998, a copy of which Is hereto attached and made a part hereof, for BID # 2244 - DENIA SOFTBALL FIELDS AND PARK RENOVATIONS. NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill all of the undertahngs, covenants, terms, condltlons and agreements of said Contract in accordance with the Plans, Specifications and Contract Documents during the original term thereof and any extension thereof which may be granted by the Owner, with or without not~ce to the Surety, and during the hfe of any guaranty or warranty reqmred under this Contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, cond~tlons and agreements of any and all duly authorized modifications of smd Contract that may hereafter be made, notice of which modifications to the Surety being hereby waived, and, d the Principal shall repair and/or replace all defects due to faulty materials and workmanship that appear within a period of one (1) year from the date of final completion and final acceptance of the Work by the Owner, and, if the Principal shall fully ~ndemmfy and save harmless the Owner from all costs and damages which Owner may suffer by reason of failure to so perform herein and shall fully reunburse and repay Owner all outlay and expense which the Owner may incur m making good any default or deficiency, then this obhgauon shall be void, otherwise, it shall remam in full force and effect PB - 1 PROVIDED FURTHER, that If any legal action be filed upon this Bond, exclusive venue shall lie m Denton County, State of Texas AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of tune, alteratmn or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Speclficatmns, Drawings, etc, accompanying the same, shall m anywise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of tune, alteraUon or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc This Bond is given pursuant to the provismns of Chapter 2253 of the Texas Government Code, as amended, and any other apphcable statutes of the State of Texas The undersigned and designated agent is hereby designated by the Surety hereto as the Resident Agent in Denton County to whom any requisite notices may be delivered and on whom service of process may be had m matters arising out of such suretyship, as provided by Article 7 19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas IN WITNESS WHEREOF, this instrument is executed m 4 copies, each one of which shall be deemed an original, this the 18 day of AUGUST 1998. ATTEST PRINCIPAL SECRECRXs~) ~ BY PRESIDENT ATTEST SURETY The Resident Agent of the Surety m Denton County, Texas for delivery of notice and service of the process is NAME (NOTE Date of Performance Bond must be date of Contract If Resident Agent ts not a corporation, give a person's name ) PB - 2 PAYMENT BOND STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS That JONES AND JEFFREY CONSTRUCTION CO., whose address is 3801 E. MCKINNEY, DENTON, TX, 76208, hereinafter called Principal, and ~ ~T~I/~) I /~/~/J 5 /OJO..9~t lgL-I ~/ (~9 ~t0 a corporation orgamzed and existing under the laws of the State of TEXAS, and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a mumcipal corporation orgamzed and existing under tile laws of the State of Texas, hereinafter called Owner, and unto all persons, finns, and corporations who may furnish materials for, or perform labor upon, the building or unprovements hereinafter referred to, m the penal sum of FIVE HUNDRED NINETY TWO THOUSAND and SEVEN HUNDRED FIFTEEN no/100 DOLLARS ($ 592,715.00) in lawful money of the Umted States, to be paid m Denton, County, Texas, for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, fu'mly by these presents This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement which reduces the Contract price decrease the penal sum of this Bond THE OBLIGATION TO PAY SAME is conditioned as follows Whereas, the Principal entered into a certain Contract, identified by Ordinance Number 98-240, with the City of Denton, the Owner, dated the 18 day of AUGUST A.D. 1998, a copy of which is hereto attached and made a part hereof, for BID # 2244 - DENIA SOFTBALL FIELDS AND PARK RENOVATIONS. NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties and make prompt payment to all persons, firms, subcontractors, corporations and claunants supplying labor and/or material m the prosecution of the Work provided for in said Contract and any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby expressly waived, then this obligation shall be void, otherwise it shall remain m full force and effect PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive venue shall lie m Denton County, Texas AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of tune, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc, accompanying the same, shall in anywise affect Its obligation on this Bond, and it does hereby waive notice of any such change, extension of tune, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc PB - 3 This Bond is g~ven pursuant to the prowstons of Chapter 2253 of the Texas Government Code, as amended, and any other apphcable statutes of the State of Texas The undersigned and designated agent ~s hereby destgnated by the Surety hereto as the Resident Agent m Denton County to whom any reqmstte nottces may be dehvered and on whom service of process may be had m matters arising out of such suretyship, as provided by ArUcle 7 19-1 of the Insurance Code, Vernon's Annotated C~wl Statutes of the State of Texas IN WITNESS WHEREOF, this instrument ~s executed m 4 copies, each one of which shall be deemed an original, th~s the 18 day of AUGUST, 1998. ATTEST PRINCIPAL BY ATTEST SURETY ATTORNEY-II~-FACT The Resident Agent of the Surety ~n Denton County, Texas for dehvery of notice and sermce of the process ts NAME ~xt2/r~/~ ~ ~//t/~ ~ (NOTE Date of Payment Bond must be date of Contract If ResMent Agent ts not a corporation, give a person's name ) 2244 CONTRACT & BONDS PB - 4 SECTION 00300 -- Proposal (B.d) Form 00300.1 TIME 2 00 P M 00300.2 DATE July 28, 1998 00300 3 TO' Purchamng Agent C~ty of Denton, Texas 901 -B Texas Street Denton, Texas 76201 Gentlemen: 00300 4 STIPULATED SUM The undermgned having examined the Contract Documents entitled Denla Park - Softball/Park Improvements-Phase II Bid 82244 and having ws~ted the s;te of the proposed construction, and hawng fam~l;ar;zed h~mself w~th the local conditions affecttng the cost of the work, and w~th all addenda to the sa~d documents, hereby proposes to furmsh all superwmon, labor, matemals, equipment, tools, and accessories and to do all work ~n accordance w~th sa~d documents and addenda thereto for the stipulated sum of FOUR HUNDRED FOURTY THOUSAND & 00/100 .......... Dollars (9 440~000.00 ) Total Base B~d Total Materials Incoroorated ~nto the Prmect ~ 220r000 00 Total Labor. Suoerwmon and Matermls Not Incoroorated into the Pro~ect ~ 220~000 00 Pursuant to laws for Trench Safety, included ~n the Base B~d and ~n other B~ds ~s the following umt price for trench safety measures per hnear foot. Matenal$ !. 50 + labor $ 1.50 = $ 3.00 total per hnear foot Total amount of trench safety measures ;ncluded m the Base B;d ONE THOUSAND FIVE HUNDRED & O0/lO0 $ Dollars ( $ 1,500 O0 ) Total Trench Safety Measures ALTERNATES Add Alternate #1 -- Furmsh and ~natall all elements of the ballfield I~ghtlng on the two proposed fields to achieve 50/30 fc as per plans and spec[flcat;ons ONE HUNDRED EIGHTY FOUR THOUSAND FOUR HUNDRED TWELVE & 00/100 .................... _Dollars ($ 184,412.00 ) Total Mai;creels Incorporated tnto the Prolect %% 92~ 206.00 TQ~al Labor. SuDerws~on and Materials Not Incorcorated mtn the Prmect $ 92.206.00 Add Alternate #2-- Furnish and install all elements of the ballfleld I~ghtlng on the two proposed fields to achieve 30/20 fc as per plans, and spec,flcatlons ONE HUNCHED FIFTY FOUR. THOUSAND SEVENTY FIVE .... Dollars ($ 154,07.5 00 ) Total Materials Incornorated into the Prmect %% 77~037 50 Total Labor. Suoerwslon and Materials Not Incorcorated ~nto the Prolect %% 77,037 50 Add Alternate #3 --Furnish and install two addmonal fixtures and assocmted appurtenance on each of the two 'A' poles on the two emst~ng softball fields as per plans and spemflcatlons TEN THOUSAND & 00/[00 ........................... -Dollars ($ 10,000.00 ) Tgtal Materials Incoroorated ~nto the Pro~ect %% 5.000.00 Tqtal Labor. SuDerws~on and Materials Not Incorcorated ~nto the Pro~ect %% 5,000.00 Add Alternate #4--Construction concrete parking lot and perform associated work as per plans and specifications ONE HUNDRED THIRTY SIX THOUSAND NINE HUNDRED FIFTY ONE & 00/100 ................. Dollars ($ 136,951 00 } ToTal Materials Incornorated into the Prolect %% 68,475.50 Total Labor. Supervision and Matermls Not Incoroorated into the Prolect $ 68,475..50 00300- 2 Add Alternate #5-- Construct asphalt parking lot with concrete curb and gutter and perform assocmted work as per the plans and specifications NINETy THREE THOUSAND SEVEN HUNDRED FIFTY & 00/100Dollars ($ 93,750.00 ) Total Materials Incorporated Into the Prele(~; $ 46,875 00 Total Labor. Suoerwslon and Materials Not Incoroorated into the ProleC~ ~ 46t875.00 Add Altemate #6--Furnish and install all aspects of the irngat~on system as per the plans and specifications. FOURTH ONE THOUSAND NINE HUNDRED FIFTY & 00/100---Dollars ($ 41,950.00 ) Total Materials [ncoroorated into the Prolect $ 20.975. O0 Total Labor. Suoerwsmn and Matermls Not Incoroor~ed Into the Pr01ect ~ 20,975.00 Add Alternate #7-- Furmsh and install turf grass seeding through estabhshment of a stand of grass as per the plans and specifications TWENTy FIVE THOUSAND TWO HUNDRED SIXTY & 00/100---Dollars ($ 25,260.00 ) Total Materiels Incornorated Into the Prol~Cl~ t~ 12 ~ 630.00 Total Labor. Suoerv~slon and Materials Not Incoroorated tutu the Pro~ecl~ ~ 12~630,00 {Cirole One) Add Alternate #8- Furnish and ~nstall telephone conduit as per the plans and spec~flaations, STX T~OUSAND TWO HUta)~J[9 & 00/100 .............. Dollars ($ 6,200.00 .) Total Materials Incoroorated into the Proleg~ ~ 3,[00.00 Total Labor. Suoerwslon and Materials Not Incoroorated into the Promct ~ 3,100.00 Add Alternate #9- Prowde all labor, matenals equipment and accessones as required to prowde and ~nstall a metal roof system ~n lieu of asphalt shingles per the plans and specifications TWELVE TI-IOUSAND TWENTY FIVE & 00/i00 .............. Dollars (~% 12~025.00 ) Total Materials Incoroorated ~nto the Prolect ~ 6 ! 012.50 Total Labor, Suoerwslon {lrld materials Not ~ll~Qroorated II3~0 the Pro~ect ~ 6,012 50 UNIT PRICES: The undersigned agrees that the following unit prices will apply to adjust quantmes of matenals ~ndicated on drawings Prices are for matermls furmshed and installed It is further agreed that the quantities of work to be done at umt prices and material to be furmshed may be increased or d~mtmshed, as may be considered necessary in the op~mon of the Owner's Representative, and that all quantmes of work, whether ~ncreased or decreased, are to be performed at the unit prices set forth below except as provided for in the spemflcat~ons All umt prices are for addmon or deletion SITE IRRIGATION COMPONENTS AS SPECIFIED ON PLAN (FURNISH AND INSTALL) Controller N/A Dollars each Double Check Valve Assembly N/A Dollars each Quick Coupler Valve with Box 82 50 Dollars each Pop-up Spray Head 16.50 Dollars each Pop-up Rotors 137 50 Dollars each Pop-up Adjustable Rotor 137.50 Dollars each 4" Isolation Gate Valve w~th Box 82 50 Dollars each 4" Gate Valve 5.5.00 Dollars each 4 ~nch pipe 2 50 Dollars per L F 3 ~nch pipe N/A Dollars per L F 2½ ~nch p~pe N/A Dollars per L F 2 tach pipe :t. 40 Dollars per L F 1 ~ inch pipe i 10 Dollars per L F 1% ~nch pipe .90 Dollars per L F 00300- 4 1 ~nch p~pe .75 Dollars per L F % ~nch pipe 55 Dollars per L F ~ inch p~pe 45 Dollars per L F PAVING COMPONENTS (FURNISH & INSTALL) 6" stablhzed subgrade 5.60 Dollars per S Y 5" thick h~ke & b~ke tra~l, 8' w~de 18 00 Dollars per L F 5" thick hike & bike tra~l, 6' w~de [3 50 Dollars per L F 6' wide 5" thick walkway w/Integral playground border 42 00 Dollars per L F 5" thick 3000 PSI concrete pawng 2.25 Dollars per S F 6" thick 3000 PSI concrete paving 2 40 Dollars per S F Integral parking lot curb 2.50 Dollars per L F Concrete Curb ramp as per Detail D/CD-3 450.00 Dollars each 4" thick HMAC pavement ~ncluding subgrade 3 20 Dollars/S F EARTHWORK & DRAINAGE (FURNISH & INSTALL) Cut, Transport & Place On-s~te Stol 2.20 Dollars C Y Import and Place Off-site So~l 8.75 Dollars C Y 12" ADS N-12 Storm Sewer t~/A Dollars per L F 6" ADS N-12 Perforated Underdra~n P~pe l0 00 Dollars per L F 6" ADS N-12 Non-Perforated Underdra~n Pipe 9.00 Dollars per L F Playground Drainage Headwall 350 00 Dollarspereach SANITARY SEWER COMPONENTS (FURNISH AND INSTALL) 6" PVC SDR 35 ll.00 Dollars per L F 4'-0 d~a standard manhole 900.00 Dollars each C~WI~!IO~LAN~ENI~.PI(MN~ (0?/'J~m) 00300' 5 POTABLE WATER COMPONENTS (FURNISH AND INSTALL) 6" DR18 (C--900) PVC Water Line N/A Dollars per L F 3" PVC - SDR-21 14.00 Dollars ~ L.F 3" Gate Valve 275.00 Dollars each FENCING COMPONENTS (FURNISH AND INSTALL) 20' high chain link fencing 57.50 Dollars per L F 15' high chain hnk fencing 50.00 Dollars per L F 10' h~gh chain hnk fencing 21.00 Dollars per L F 8' high chain hnk fencing 30.50 Dollars per L F 6' high chain hnk fencing 12 35 Dollars per L F Standard 4' wide X 6' height gate 160.00 Dollars each 15' double gate 625 oo Dollars each 3" O.D Line Post (10' fence) 82.50 Dollars each 3" O D. Line Post (1 5' fence) 125 00 Dollars each 3" O D Line Post (20' fence) 155 00 Dollars each TURF COMPONENTS (FURNISH AND INSTALL) Drill Seeded Bermuda grass 05 Dollars per S F Hydromulched Bermuda grass .08 Dollars per S F Common Bermuda solid sod 3 25 Dollars per S Y Staked Common Bermuda solid sod 3.50 Dollars per S Y Dnll seeded rye grass 1.00 Dollars per S Y Broadcast seeded rye grass .50 Dollars per S Y PIERS (FURNISH AND INSTALL): Add per lineal foot of d,lled piers 28.00 Dollars per L F =.~_~,,~,~,, ,o,~,,,, 00300- 6 Camng of dnlled pmrs 18.00 Dollars per Pmr Delete per hneal foot of drilled p~ers 00 Dollars per L F EROSION CONTROL (FURNISH AND INSTALL) Penmeter S~ltat~on Fabric Barrier [. 65 Dollars per L F Swale Siltation Fabrm Barrmr [.65 Dollars per L F Stab~hzed Construction Entrance [, [50.00 Dollars each Curb Inlet S~ltatlon Barner lq/A Dollars each Staked Erosion Control Matting 1. [5 Dollars per S Y PLAYGROUND Poured-~n-Place Rubber Matting tq/.A_ Dollars per S F Compacted F~bar Cushion Material ! 42 Dollars per C F Concrete border 2.5.00 Dollars per L F BIDDER understands the statements and Owner's object~ves contained ~n SECTION 01010 -- Summery of Work ADDENDA. Acknowledge receipt of the following addenda which are part of the B~ddmg Documents by plamng Addendum #, Date ~ssued and ~mt~ahng Addendum No. OlqE ([) 7/24/98 J~ Addendum No Addendum No T~/0 (2) 7/27/98 ~0~ Addendum No The undersigned b~dder hereby declares that he has v~smted the rote of the work and has carefully examined the Contract Documents perta~mng to the work covered by the above b~d, and he further agrees to commence work w~th~n ten (10) days after date of written not~ce to proceed and to substantially complete the work on which he has brad w~th~n 240 consecutive calendar days subject to such extensions of time allowed by specifications The undersigned b~dder agrees that hm b~d shall be good and may not be w~thdrawn for a per~od of 60 calendar days after the scheduled closing t~me for rece~wng b~ds c~.~.~,~, u,L ~ 00300 - 7 The undermgned b~dder understands that the Owner reserves the mght to reject an,/or all b~ds and to waive any mformahties m the b~ddmg Enclosed with this B~d m a Certified Check for DOLLARS ($ .), or a Bid Bond ~n the sum of FIVE PEI~CENT OF BID DOLLARS($ 5% OF BID ), which it IS agreed shall be collected and retained by the Owner as hqu~dated damages in the event this B~d is accepted by the Owner within 60 days after the b~ds are received and the undersigned fails to execute the Contract and the required Bonds w~th the said Owner w~thln ten (10) days after the date said B~d m accepted, otherwme smd check or bond shall be returned to the undermgned upon demand JONES & JEYFERY CONSTRUCTION CO., INC. By ROBERT W. JO[~ 3801 E. McKINNEY *Seal Address DENTON, TEXAS 76208 City, State, ZIP Code 940-382-3124 Phone 'If B~dder is a Corporation (End of Section) C%WP~O~AN~4~NI~KMN~ (07~3~11, 00300' 8 aT/241!BB8 16,25 2145555781 DUNKIN.. (DSS & DSA> PP~iE ~i/!5 EXHIBIT Addendum//I Denim Perk Denton, Taxes ALTERNATES. Alternate ~I0 ~ (Cir01e One) In lieu of the Polygon shelter opeolfisd, furnish end Install the Classic fleor~on Systems, eno., shelter as desorl~d In Addendum ~1. ONE THOUS~D THREE HUNDRED SIXTY ONE ..... Dollars (~ 1,361.00 ) Total Materials Inaameratad Into the Prole91 ~ 680 50 Total La~r. Ruaa~vTaloh and MstMlals Nat Ineoroorsted Into 1he Prelect ~ 680 .50 AltemMe//11 ~ (Clrole One) In lieu of Muses Ugn',Jng system speolflecl In Alternate #2, fumteh and Insta~.lubbls fights with remote bells~l~ on $1~ermsn eon=ets poles, In oompllanoe w~ plan~ and epeoBo~one, FOUR THOUS~D THREE H~RED & 00/[00 .... Dollars (~ 4,300.00 ) Total Materials In~sraarstad Into the PrDieet ~ Total Labor, 8uoervlaion and Materiels Not Incoroomtad Into the Pmlaet t~ 2~ [50.00 Unit Pdoe. {For Addition or Deletion. ~ost~ am Fuml.h~ ~d Inetdl~l -- Plaza Pavement Jolnt~ (alee inoludee eealiflg) T~led Jol~ ~ 25 Doile~a per L F ~ed Jol~ ~ .85 Dollars per L F E~enslon J~nt ~ 3.45 Ooll~s per Peeking ~ Pavement 8~ed Joint ~ .85 DolOrs per L F Expa~lon Joint ~ 3.45 Dollirl per L F 00~00-4A ~~ ~,~ 2Denis Park. lI,Ad~ndum//14 Dunkln ims Stoffels, Inc. Land,~/,oe /4rch#ecta//e/anna~ July 24, 1398 To All Contract BIddar~ of From' Dunkln Sims g876 piano R~ad Dallas, Texa~ 75238 Acknowleclge receipt Of this Addendum ~/Including ,t with the .ubml~ed Proposal Fo~m and It~. mo~t In the apace prowd~ w~thm the Proposal Form Failure to do so m~ subject b~d~ar dllquallfl~tien ThlI Addendum farine a pe~ of t~ Co~a~ Do~me~a and modifI~, ~lndI, dal~aI ind/er ~dl to the ~awl~gl a~ P~oje~ Manuel al follawi' Item ~ - ~leflng ~t~m IalldlngI The ~litl~ rei~room building Ioa~ed ~twien the ex~e[mg softball field, and adjacent ~ the parking I~ shall not be demolished during thlI phase ef ~o~m~tlen eon,ary to the directions mdi~ted Ihe~ ~P-I The reet~m faoill~ea muir ~ In o~ratlon through~t project eonstm~on, until the new building II samplers The owner will demoll.h the building a~er final acceptance of thl; proJ~ Since the r~troom IhNI remain o~ratlonal, ~e contractor must Io~m the exlctmg uflll~ .ervl~a for bu~l~ing a~ prot~ them throughout I~m ~ - ~a lte~ md H~drNl. The ~p; Indlo~d w~hln the pla~a Ihall be ~n;t~u~ aI per the plan and d~alls In It~ ~3 -- PI~. Pavem~t J~flnI The ~ntra~or .h.ll InItIlI the ex~ahIien, ~nctructlon and sawed or tooled Jelnti within the pla~ In aempllanoe with lhi Jelntlng plan In affaahee Exhibit 'B' The Join~ within the plaza paviment ~l ¢e~l~ru~ In ~mpllan~ with d~iIl. B/CD-3 and C/CD-~ ~a bidder shall furnish t~ ~n,t for this Itim In ~e t0aee ~ov~id on Exhibit 'I' of thlI Id~end~m. m.,wm~.-~..~.,~.~o me,m, 2Denis Pirie. Ii,Addendum #1.1of 3 9878 Piano Read Ddlae, Texas 752~8 214-6E~1.6778 ~7/24/i~98 ~'2~ 21~5535751 DUNKIN (DSS & DSA) P~GE 03/.5 Item ~6 - F~rklr~ I~t Jolntlnl~ The aontreotor shill ~netell the exgan~lon, c~n~r~lon and aawed jolm~ within the ~n~em perking I~ I~di~ed ~ ~he (o~tlona on ~he ~hed Exhibit 'D' The pri~ f~r j~n~ing shall be included A~arnm~e ~4, The ~ldder Ih~l f~l~h ~he unl~ prl~e, lOT ~Is item In the sp~e provided on Exhlbl~ 'E' ~ ~ll ~dendum In lieu of ~he PMyg~n eheJ~lr t~egl~Id, provide e 24 x 44 Orlando Model by ClM~lo 8y.t~a, lng, metohlng ell ~hl fNturel of ~he Ipeclf~ Poly~n .hel~er For Information and ~ok Freemen ~e~8 Ino Bldderl lhall ~p~e the pr~osal form .h~t ~0030~ a~a~ed. Exhibit 'E' Indl~ti~ whether the lheltef I~a d~u~ or add ~;m~ ~he ~rl;e ~f t~ P;Iygon ~helter ~pe=lfled If the ~.~hed ~hlbit "E' I. ngt In~l~d~ In the bid Rookie the ~d mey be dl.qulllfled. A tumdgwn f~tt~g will ~ requ]r~ at t~ In~rfa~e o1 the plaza p~v~en~ a~d ramp pevement Referenoe ~hlb~ '~' f~ ~onltru~lo~ detail of zhls Interface In lieu ~ t~ lighting .y.mm ~ltled for Al~rnate f2, furnllh and In.all the Hubble syemm r~ote b~ll~tt8 on eherman oonorete popes, in ~mpll.n~e wl~h the pl~n~ and Gpecifl~tions ~r Inf~mmlon and ~rlolng · 11 Galvin Arohlt~ural LigMIng (972} 248-7111 Bldd~s shell oumplW the ~mpo;el form eh~t ~3~A .~ohed ~ Exhl~t 'E' and ]~lcaze whether t~ ~ of A~rnite ~ 1 le ~ dedu~ Dr ~n add Item ~ - The Teferen;lng of Allow~noe~-Se~ion ~01020 w~thln Te~tln~ end ~boretuw Contml~ - ~01~00 ts Inoo~;;, The ~ilowan~ stipulated In 6e~on ~01020 Is no~ In~end~ for m~ng The ooKra~or 18 responsible for tel~n~ ~ outllnid In 6~lon ~14~ ~e pl~ pevement ih~ll ~ five Inohe8 (6") thick In ~11 ~rea~ The ple;e pevemen~ ~u~rade shell lime ~taMIIzsd ~ Indlo~ o~ Detell CtCD-3. ~~ ~ 2Denla Perk-II.Addendum W1-2of 3 Item #12 -. 8heat M.1 · Plumbing RI~I~ Diagram Clerlflol~isn · Ven~ pipe connecting Into P/2 should ~ 2' from flor ~raifl Hear over Aito, drain M~e for men's mom ,hould ~e 3' a~ flr~ urinal ~flec~ I~. ~efer ~o e~eohed drawing, Exhibit 'H', I~ ~14 -- Ohm E.1 - Power ~fer to ~te~ed drawing, ~lbtt '1' Item ~18 ~ 8h~ E.1. One Uno ~flng ~rem Omit the fue~ dieo~n~ ew~oh ehown next to Penal Item ~le .. 8h~t E.1 - One Uno ~ng ~rem ~vlee note fle~ ~ Penelboe~ *A' ~ '12 Glrcu~ ~ed Center W/~ PH, & W, ~0 A M~n Cir~it ~eeker Al, Ll~htin~ I A2, LIg~ln~ 1 P.20 * Item ~17 -- ~h~ E i · One Uno ~rlng ~lerifimion ~T/Cw le for oiroult Gierlfloa~ofle' O~t note near eel]lng fen d.lgnetlng that It le on clr~lz A 2 *C' light fixtures In should bi ;l~ulated with ~he 'A" fl~res In the women's r~om, 'EF-4' ,houl~ be cimu~ed w~ "A' flor. In the men'a room, ~NIA P~K ~A~/PARK IM~O~ME~S -PHABE II, DENTON. ~ JONES ~EFFERY CONSTRUCTION CO By ROBERT W JONES, ~. ~ =~~ ~,~ 2Denla Perk-II.Addendum #1-3of 3 Dunkln Sims 8toffels, Inc, July 27, 1998 ADDENDUM NUMBER TWO, 2 Denis Park Softbe|llPerk Improvements-Phase II To All Contrant Blddere of Raoord Dunkln 61me Stoffels, g~78 Piano Road Dallaa, Texas 76238 Acknowledge receipt of this Addendum by Including It with the submitted Prgposal Form and noting it'S re0e~pt In the spege provided within the Proposal Form Failure to do so may suaject bidder to dlequallfloa~lon, ThlaAddendum formes part of thaConfra=t Dooumanteend modifies, amends, deletes and/or adds To the Drawings and Project Manual al follows Item #¶ -- Plaza pavement Jelnting The plaza pavement JoiAtlng dlacuesed in addendum//1, Item #3 and Exhibit 'B sl*~ell be includ~ in ~oe bid The unit prices dls~usaed in the addendum ~I shall ~ for addison or deletion In which ~ubatantlal quantiW variations are mede from the ~lbit B' plan Item #2 *. Softball Infield Olay The clay for The softball Infields shell be High Clay Select Bellflald M~edal se supp'led by Red River Send Co Danleon, Texas (903) ~65-5431 Item #3 - Section 0~,200- Unit rnaeonry. Paragraph 2 01(A), (B) Om.t reference to "Texae Induetr;et" D~a~ ~o?mal) 2Denis Perk iI,ACldendum ~1-10f 2 9875 Piano Read Dallas, ~'exae 75238 214.BB3.~778 Item #4 -- l~a~tlon 07311-Aal~halt I~hingleet Paragraph 2 01*Sh~r~glea, Change ahmglea to GAF, 30 year "Timberlina" Shingle ;DENIA PARK 8qI~TI~ALIJPARK IMPROVEMENTS -PHASE I1: DENTON, TX JONES & JEFFERY ~NSTRUCTION CO. Dunkln Sima 6toffele~e By ROBERT W JONES~ JR ~ o~,=~ em,~*~ 2Dema Park-II,Addendum #1-2of 2 T H E A M E R I C A N I N S T I T U T E 0 F A R C H ! T E C T ~. AIA Document A305 Contractor's Qualification Statement 1986 EDITION This form is approved and recommended by The American Institute of Architects (AIA) and The Associated General Contractors of America (A GC) for use ~n evaluat- ing the qualifications of contractors No endorsement of the submttt~ng party or verification of the information is made by the AIA or AGC The Undersigned certifies under oath that the tnformatlon prowded here~n m true and suffi- ciently complete so as not to be misleading SUBMITTED TO Dunkin Sims Stoffels, Inc. ADDRESS 9876 Plano Road Dallas, Texas 75238 SUBMITTED BY Jones & Jeffery Construction Co , Inc Corporation {~ NAME Judy C. Jones Partnershtp [] ADDRESS 3801 E. McKinney Indivtdual [] PRINCIPAL OFFICE Denton, Texas 76208 Joint Venture [] Other [] NAME OF PROJECT (if applicable) Denis Park - Softball/Park Inprovements-Phase II TYPE OF WORK (file separate form for each Classification of Work) X General Construction HVAC Plumbing Electrical Other (please specify) Copyright 1964 1969 1979 © 986 by The Amer can Institute of Architects 1735 New York Avenue N W Washing ton D C 20006 Reproduction of the material herein or substantml quotation of its provmtons ~ tthout wr tten permission of the AIA violates the copynght laws of the United States and will be subject to legal prosecution AiA DO~UMi~NT,~,~0$, CONTRACTORS QUALiFiCATION STATEMENT, 1986EDITION,A1A® · ©1986 THE AMERICAN iNSTITUTE OF ARCHITECTS 1735 NEW YORK AVENUE N W WASHINGTON D C 20006 A305 -1~}$8 1 1. ORGANIZATION I 1 How many years has your orgamzatlon been in business as a Contractor~ 26 Years I 2 How many years has your organization been in busmess under its present business namer 26 Years I 2 1 Under what other or former names has your organization operated~ I 3 If your organization is a corporation, answer the following 1 3 1 Dateoflncorporation July 15, 1971 1 3 2 State of incorporation Texas I 3 3 President's name Robert (Bobby) W. Jones, Jr 1 3 4 Vlcepresident's name(s) Robert (Bob) W Jones, Sr 1 3 5 Secretary's name Judy C. Jones I 3 6 Treasurer s name L.A. Nelson, Jr. I 4 If your orgamzation is a partnership, answer the following 1 4 1 Date of organizauon 1 4 2 Type of partnership (if apphcable) I 4 3 Name(s) of general parmer(s) 1 5 If your organization ts Individually owned, answer the following 1 5 I Date of organ, zauon 1 5 2 Name of owner AIA DOCUMENT A~0S · CONTRACTOR S QUALIFICATION STATEMENT ' 1986 EDITION · AIA® ' ©1986 THE AMERICAN INSTITUTE OF ARCHITECTS 17%5 NEW YORk AVENUE N W WASHINGTON D C 20006 A~305 -1~86 2 1 6 If the form of your organization is other than those ltsted above, descrtbe it and name the prmcipais 2 LICENSING 2 1 List Jurisdictions and trade categortes ,n which your organization ts legally qualified to do business and indicate registration or license numbers, if applicable Associated General Contractors AGC - Dallas Hembership #000278 2 2 List jurisdictions in which your organization's partnership or trade name ts filed 3. EXPERIENCE 3 1 List the categories of work that your organization normally performs with Its own forces Demolition Concrete Carpentry Drywall Acoustical Ceilings Drayage & l~ubbish Removal 3 2 Claims and Suits (If the answer to any of the questions below ts yes, please attach details ) 3 2 1 Has your orgamzation ever failed to complete any work awarded to lt~ No 3 2 2 Are there any judgments, claims, arbitration proceedings or suits pending or outstanding against your organization or its offlcers~ No 3 2 3 Has your organization filed any law suits or requested arbitration with regard to construe non contracts within the last five years~ No 3 3 Within the last five years, has any officer or principal of your organization ever been an officer or principal of another organization w hen it failed to complete a construction contract~ (If the answ er is yes, please attach details ) No AIA DO~JMI:NT A$0S * CONTRACTOR ~) QUALIFICATION STATEMENT * 1986 EDITION · AIA~ * © 1986 THEAMERICANINSTITUTEOFARCHITECTS 17%SNEV. YORKA',ENLE N~ %~ASHINGTON DC 20006 Aa0s-1986 3 3 4 On a separate sheet, list major construcnon projects your organization has in progress, g~wng the name of project, owner, architect, contract amount, percent complete and scheduled compleuon date 5 4 1 State total worth of work in progress and under contract See Attached 35 On a separate sheet, list the major projects your organization has completed in the past five ~ ears giving the name of project, owner, architect, contract amount, date of completion and percentage of the cost of the work performed with your own forces 351 State average annual amount of construcuon work performed during the past five ', ears See Attached 36 Off a separate sheet, list thc construction experience and present commitments of the key lnch~td uais of your organization 4 REFERENCES 4 I Trade Rc~rences Texas Industries, Inc. BAV, Inc Bill Soys Masonry P. O. Box 1039 10550 Maybank P 0 Box 213 Denton, Texas 76202 Dallas, Texas 75220 Justin, Texas 76247 940-383-1781 214-357-3911 940-648-3466 CBS Mechanical, Inc. Reese Builders Hardware B & W Sales, Inc 5001W. University 3204 Holltday 1701N. Greenville Ave.,809 Denton, Texas 76207 Wichita Falls, TX 76302 Richardson, tx 75081 940-387-7568 940-766-4269 972-644-2393 A-1 Rental Moran's Glass Center Whites Commercial Floors P. O. Box 7878 215 S Woodzow LN. P 0 Box 88 Ft. Worth, TX 76111-0878 Denton, Texas 76205 Wolfe City, TX 75490 940-382-9311 940-565-8168 903-450-8120 42 Bank Rc~renccs First State Bank of Denton 940-382-5421 P. O. Box 100 Denton, Texas 76202 Paul Chandler 43 Surety 43 I Name ofbondmgcompany Bituminous Casualty Corp. Ray E Cotnoir P. O. Box 167968 800-683-9591 Irving, Texas 75016-7968 432 Name and address ofagent Ramey & King Insurance James King 830 South 1-35 East Denton, Texas 76205-7829 AIR OOOUMENT ~ · CONT~CTOR $ QUALIFICATION b~TEMENT ' 19~ EDITION · AIA® · © 19~ THE AMERICAN INSTITLTE OF ARCHITECTS 1735 NEW YORK AVENLE N ~ RASHINGq ON D C 200(~ aa0s-1986 4 6 SIGNATURE 61 Datedat this Twenty Seventh (27th) dayof July, 19 98 Name of Organization Jones & Jeffery Construction Co., Inc Title Secretary 62 Mrs. Judy C. Jones betng duly sworn deposes and says that the information provided herein Is true and sufficiently complete so as not to be misleading Subscribedandswornbeforemethis Twenty Seventh (27th) dayof July, 1998 My Commission Expires 4/10/02 CONTRACTOR $ QUALIFICATION STATEMENT * 1986 EDITION * AIA® * ©1986 THE AMERICAN INSTITLTE OF ARCHITECTS 17:~S NEW YORK AVENUE NW WASHINGTON DC 20006 JONES & JEFFERY CONSTRUCTION COMPANY ~':~' 3801 E McKINNEY DENTON, TEXAS 76208 July 27, 1998 (817) 382 3124 FAX (817) 566 2176 List major construction projects your organization has in progress, giving name oi project, o~ner, architect, contract amount, percent complete and scheduled completion date, G.I.S.D. - Phase II Accessibility ltodifications Gainesville Independent School District Darrov McSpedden Sellers, Inc. $467,232.00 511 complete Completion Date: Ausust, 1998 Wooten Hall Phase III Renovation University of North Texas Julius Zsohar - IA~T $161,798.00 101 Complete Completion Date~ August, 1998 JONES & JEFFERY CONSTRUCTION COMPANY 3801 Ii: McI~NNE~' DENTON TEXAS 76208 July 27, 1998 (817) 382 3124 FAX (817) 566 2176 3.5 List major projects your organization has completed in the past five years giving the name of project, owner, architect, contract amount and percentage of the cost of work performed with your own forces. Denton High School A Softball Facility/Concession Athletic Facility Stand for Denton High School Denton Independent School Dist. Denton Independent School Diet The Architectural Collective, Inc. The Architectural Collective, Inc 940-387-4881 940-387-4881 $844,106.12 $441,530.92 Completed: August, 1997 Completed: March, 1998 Work with own forces: 50X Work with own forces. 502 F.E.M.A. National Teleragistration Center Office Renovations to the Student Cence Woodht11 Square Office Bldg. ~3 Phase II The Penn-Way Company Texas Woman's University 940-565-1594 The Architectural Collective, Inc. $452,157.25 940-387-4881 Completed: May, 1996 $146,647.00 Work with own forces: 60% Completed: January, 1996 Work with own forces: 50I A New Education Building for Additions to Sullivan-Keller School First Baptist Church of Sanser Denton Independent School Dist. Alan F. Nelson, Architect The Architectural Collective, Inc. 940-566-0266 940-387-4881 $807,600.77 $373,862.35 Completed: December, 1995 Completed: October, 1995 Work with own forces: 50X Work with own forces: 501 An Education Buildin$ for The William F. Powell M.D. Southmont Baptist Church Cardiac lehtbilitation Center The Architectural Collective, Inc. Gainesvtlle Hospital District 940-387-4881 Tatchio & Associates, Architects $524,438.61 903-893-6221 Completed: August, 1994 $210,403.75 Work with own forces: 60I Completed: 1994 Work with own forces: 601 Denton County Juvenile Housing Fred Moore Training Center Denton Co. Commissioners Court Denton Independent School District DISteano/Santopetro, Archtetcts VLK/Architects, Inc. 713-953-9032 817-633-1600 $ 92,735.00 $1,029,001.67 Completed: October, 1993 Completed: November, 1992 Work with own forces: 601 Work with own forces: 501 CITY OF DENTON INSURANCE REQUIREMENTS 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 endorsements ss prescribed and provided herein. If an apparent Iow bidder fails to comply strictly with the Insurance requirements, that bidder may be disqualified from swerdl 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: W~thout limiting any of the other obligations or liab;I;tles of the Contractor, the Contractor shell 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, 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 Clty of Denton. All ~nsurance 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 m the State of Texas with an A M. Best Company rating of at least A , · Any deductibles or self-insured retentions shall be declared ,n the b;d proposal. If requested by the City, the Insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, ~ts 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 prov,de the following' ee Name as additional Insured the City of Denton, its Offic~als, Agents, Employees and volunteers. e· That such insurance is primary to any other Insurance available to the additional Insured with respect to clmms 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 Ilm~t of liabihty. · All pohcles shall be endorsed to provide thirty(30) days prior written not~ce of cancellation, non-renewal or reduction in coverage · Should any of the required Insurance be prowded under a clmms-made form, Contractor shall ma,ntaln 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 g~ve 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 prov,ding for clmms Investigation or legal defense costs to be ~ncluded ~n the general annual aggregate limit, the contractor shall either double the occurrence limits or obtain Owners and Contractors Protective Llab~hty Insurance · Should any required insurance lapse during the contract term, requests for payments originating after such lapse shall not be processed until the C~ty receives satisfactory evidence of reinstated coverage as required by th,s contract, effective as of the lapse date If insurance is not reinstated, C~ty may, at Its sole option, terminate this agreement effective on the date of the lapse. AAA003Im REVlaED 10/12/94 CI - 2 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 ma,ntalned In compliance with these additional specifications throughout the duration of the Contract, or longer, if so noted: A. General Uability Insurance: General Liability insurance with combined single limits of not less than $500~000.00 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 edltlon) Is used: · Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual Ilablhty covering this contract and broad form property damage coverage · Coverage B shall ~nclude personal injury. · Coverage C, medical payments, ,s not required If the Comprehensive General Liabdlty form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) ,s used, ~t shall Include at least' a Bodily Injury and Property Damage Liabd,ty for prem,ses, operations, products and completed operations, Independent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures. · Broad form contractual Iiab~lity (preferably by endorsement) covering this contract, personal ~njury liabihty and broad form property damage liability. AAAO0360 P~/mE,~ ~o/~2/.4 CI - 3 Insurance Requirements Page 4 Automobile Liability Insurance: Contractor shall provide Commercml Automob,le Liability Insurance w,th Comb,ned Single Limits (CSL) of not less than $3o0,o0o.oo either ,n a single policy or in a combination of basic and umbrella or excess policies. The pohcy will include bodily injury and property damage liability arising out of the operation, maintenance and use of all automobiles and mob,la equipment used In conjunction with this contract. Satisfaction of the above requirement shall be in the form of a policy endorsement for' · any auto, or · all owned, hired and non-owned autos Workers Compensation Insurance Contractor shall purchase and maintain Worker's Compensat,on insurance which, ,n addition to meeting the m,mmum statutory requirements for issuance of such ,nsurance, has Employer's Lmblhty lim,ts of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 policy lim,t for occupational disease. The City need not be named as an "Additional Insured" but the insurer shall agree to wa,va all nghts of subrogation against the C~ty, Its officials, agents, employees and volunteers for any work performed for the City by the Named Insured. For building or construction projects, the Contractor shall comply w,th the provisions of Attachment I ,n accordance with §406.096 of the Texas Labor Code end rule 28TAC 110.110 of the Texas Worker's Compensation Comm~smon (TWCC) Owner's end Contractor's Protective Liabdity Insurance The Contractor shall obtain, pay for and ma,nta,n at all times during the prosecution of the work under this contract, an Owner's and Contractor's Protective Liability Insurance policy naming the C~ty as ~nsurad for property damage and bodily injury which may arise ~n the prosecution of the work or contractor's operations under this contract Coverage shall be on an AAAO0350 ~=V~S~D ~o/~/., Cl - 4 Insurance Requirements Page 5 "occurrence" basis, and the policy shall be ~ssued by the same Insurance company that carries the contractor's liability insurance, Policy limits w, II be at least ~5oorooo.oo combined bodily injury and property damage per occurrence with a $50o,oo0.o0aggregate. [ ] Fire Damage Legal Liability Insurance Coverage is required If Broad form General Liab~l,ty Is not provided or is unavailable to the contractor or If a contractor leases or rents a portion of a City building. Limits of not less than each occurrence are requ,red [ ] Professional Liability Insurance Professional liability insurance with lim,ts not less than per claim with respect to negligent acts, errors or omissions ~n connection w,th professional serv,ces 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 the,r interests may appear [ ] Additional Insurance Other insurance may be required on an indiv,dual bas~s for extra hazardous contracts and specific service agreements If such add,t,onal Insurance ;s required for a specific contract, that requirement will be described ~n the "Specific Conditions" of the contract specifications. AAAOO360 REVISED 10/12/e4 CI 5 Insurance Requirements Page 6 ATrACHMENT I [ ] Worker's Compensation Coverage for Building or Construction Projects for Governmental Entities A. Definitions: Certificate of coverage ("certlflcate"}-A copy of · certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement ('I'WCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation ~nsurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - Includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in §406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This ~ncludes, without limitation, Independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include actlv,ties unrelated to the project, such as food/beverage vendors, off;ce supply del,varies, and delivery of portable toilets. B The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any overage agreements, which meets the statutory requ,rements of Texas Labor Code, Section 401.011 (44) for all employees of the contractor providing services on the project, for the duration of the project. AAAO0360 insurance Requirements Page 7 C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (1) a certificate of coverage, prior to that person begmmng work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter G. The contractor shall notify the governmental entity in writing by certified mall or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the prov,sion of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, ~n the text, form and manner prescribed by the Texas Workers' Compensation Commission, Informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. Insurance Requirements Page 8 I. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1) prowde coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011 (44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage Is being provided for all employees of the person prowding services on the project, for the duration of the project; (3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain from each other person with whom ~t contracts, and provide to the contractor: (a) a certificate of coverage, prior to the other person beginning work on the project; and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage per~od shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provimon of coverage of any person providing services on the project; and AAAOO'~BO eev~m ~0/~2~4 Cl - 8 insurance Requirements Page 9 (7) contractually require each person with whom it contracts, to perform aa required by paragraphs (1) - (7), with the certificates of coverage to be provided to the parson for whom they are providing services. J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project wall be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate Insurance carrier or, in the case of a self-insurad, with the commission's Division of Self-lnsurence Regulation. Providing false or misleading Information may subject the contractor to administrative penalties, criminal penalties, civIl penalties, or other clwl actions. K. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void If the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. ~vm~ ~ort2m4 Cl - 9