Loading...
1996-247 ORDINANCE NO q~_'~ ¢ ~ 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 competitive bids for the construction of pubhc works or improvements in accordance with the procedures of STATE law and City ordinances, and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or improvements described in the bid invitation, bid proposals and plans and specifications therein, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDA1NS SECIiON_I That the following competitive bids for the construction 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 being the lowest responsible bids BID BII. IMBER CONTRACIOR. AMOIINT 1943 JONES AND JEFFERY CONSTRUCTION CO $ 31,070 00 SECTION 11 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 nmely execution of a written contract and furnishing 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 improvements ~n accordance with the bids accepted and approved herein, prowded that such contracts are made in accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quant~ties and specified sums contained therein 1 ~ That upon acceptance and approval of the above competmve bids and the execution of contracts for the pubhc works and ~mprovements as authorized here~n, the City Council hereby authortzes the expenditure of funds m the manner and m the amount as specified m such approved b~ds and authorized contracts executed pursuant thereto SECTION V That th~s ordinance shall become effective ~mmed~ately upon ~ts passage and approval PASSED AND APPROVED th~s the ~ day of~1996 ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY DATE NOVEMBERS, 1996 CITY COUNCIL REPORT TO Mayor and Members of the City Council FROM Ted Benavldes, City Manager SUBJECT BID #1943 - CITY COUNTY DAY NURSERY KITCHEN RENOVATION RECOMMENDATION.' We recommend tl~s bid be awarded to the lowest bidder, Jones and Jeffery Construction Co, ~n the amount of $31,070 00 SUMMARY: Tlus bid is for renovation of the kitchen area of the City County Day Nursery located at 1603 Pmsley, Denton, Texas The project includes demolition, cabinets, range hood, painting, flooring, plumbing, electrical, as well as equipment such as stove, refrigerator and freezer BACICGRI)~IDI Tabulation Sheet PROGRAMS; DEPARTMENTS OR GROUPS AFFECTED: Day Nursery services, and those citizens utflmng the City County Day Nursery facilities FISCAL IMPACT: This is a Community Development Block Grant (CDBG) funded renovation project Respectfully submitted Ted Benamdes City Manager Approved Name Tbm D Shaw, C P M Title Purchasing Agent 784 AGENDA 3 BID # 1943 DBR BID NAME C1TY COUNTY DAY NURSERY JONES & KITCHEN RENOVATION PROJ JEFFERY CONSTRUCTION EN DATE AUGUST 29,1996 I __ ~./ DESCRIPTION ..... VENDOR -VENDOR VENDOR VENDOR TOTAL BID AWARD $31,070 00 $39,299 00 BOND YES YES 4 CONTRACT AGREEMENT STATE OF TEXAS S COUNTY OF DENTON S THIS AGREEMENT, made and entered into this 5 day of NOVEMBER A.D., 19 96 , 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 JEFFERY CONSTRUCTION CO. 3801 E. MCKINNEY DENTON. TEXAS 76208 of the City of DENTON , County of DENTON 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 attached hereto, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work spec~fled below: BID ~ 1943 - CITY COUNTY DAY NURSERY KITchh~N RENOVATION in the amount of S31.070.00 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 B~dders (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, CA - 1 blueprints, and other drawings and printed or wrStten explanatory matter thereof, and the Specifications therefore, as prepared by PREPARED BY PERRY &ASSOCIATESCONSULTINGENGINEERS all of which are made a part hereof and collectively evidenc~ 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. Indemni~icat%QD 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 sub]ect to the General and Special Conditions of the Contract. CA - 2 IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. ATTEST: JONES ANDJEFFERY CONSTRUCTION CO. CONTRACTOR 3801 E McKINNE¥ DENTONt TEXAS 76208 MAILING ADDRESS 817-382-3124 PHONE NUMBER 817-566-2176 ROBERT W JONES, JR PRINTED NAME APPROVED AS TO FORM: (SEAL) City Attorney ~F AAA0184D Rev. 04/05/96 CA - 3 MAINTENANCE BOND THE STATE OF TEXAS COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS: That JONES AND JEFFERY CONSTRUCTION CO as Principal, and Bituminous Casualty Corp a corporation authorized to do business in the State of Texas, as Surety, do hereby acknowledge themselves to be held and bound to pay unto the City of Denton, a Municipal Corporation of the State of Texas, its successors and assigns, at Denton, Denton County, Texas, the sum of THREE THOUSAND AND SEVEN and no/100 ........... Dollars ($ 3.007.00 ), ten (10%) percent of the total amount of the contract for the payment of which sum said principal and surety do hereby bind themselves, their successors and assigns, jointly and severally. This obligation is conditioned, however, that: WHEREAS, said JONES AND JEFFERY CONSTRUCTION CO has this day entered into a written contract with the said City of Denton to build and construct RTD # 1943 - CITY COUNTY DAY NURSERY KITCHEN RENOVATION which contract and the plans and specifications therein mentioned, adopted by the City of Denton, are filed with the City Secretary of said city and are hereby expressly incorporated herelnbyreference and made a part hereof as though the same were written and set out in full herein, and; WHEREAS, under the said plans, specifications, and contract, it is provided that the Contractor will maintain and keep in good repair the work therein contracted to be done and performed for a period of one (1) year from the date of acceptance thereof and do all necessary backfilling that may become necessary in connection therewith and do all necessary work toward the repair of any defective condition growing out of or arising from the improper construction of the improvements contemplated by said contractor on constructing the same or on account of improper excavation or backfilling, it being understood that the purpose of this section is to cover all defective conditions arising by reason of defective materials, work, or labor performed by said Contractor, and in case the said Contractor shall fail to repair, reconstruct or maintain said improvements it is agreed that the city may do said work in MB i accordance with sa~d contract and supply such materials and charge the same against the eaid Contractor and its surety on this obligation, and said Contractor and surety shall be subject to the damages in said contract for each day's failure on the part of said Contractor to comply with the terms and provisions of said contract and this bond. NOW, THEREFORE, if the said Contractor shall perform its agreement to maintain said construction and keep same in repair for the maintenance period of one (1) year, as herein and said contract provided, then these presents shall be null and void and have no further effect~ otherwise, to remain in full force and effect. It is further agreed that this obligation shall be a continuing one against the Principal and Surety and that successive recoveries may be had hereon for successive breaches of the conditions herein provided untilthe full amount of this bond shall have been exhausted, and it is further understood that the obligation to maintain said work shall continue throughout said maintenance period, and the same shall not be changed, diminished, or in any manner affected from any cause during said time. IN WITNESS WHEREOF, the said Jones & Jeffery Construction Co as Contractor and Principal, has caused these presents to be executed by ~,~.~.~ C~ualtv CORD. and the said Bituminous Casualty Corp as surety, has caused these presents to be executed by its Attorney-in-Fact Cathy Miller and the said Attorney-in-Fact has hereunto set has hand this 27 day of November , 19 96 SURETY: PRINCIPAL: g~r,{n~nmum Caaun]tv CarD. ~ES ~XJ~..ERY CON~CTION CO , INC EYr / , ROBERT W JONES, JR - PRESIDENT A~torne~ in~ac~ AAA0184D Rev 04/05/96 MB - 2 PERFORMANCE BOND STATE OF TEXAS COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS: That JONES AND JEFFERY CONSTRUCTION CO , of the City of DENTON County of DENTON , and State of TEXAS as PRINCIPAL, and R~,.m~n,.~ a~.~l~y Corp. , 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 r_DENTON as OWNER, in the penal sum of THIRTY ONE THOUSAND AND SEVENTY AND no/100 ........................ Dollars ($ 31,070 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 NOVEMBER , 19 9fi , for the construction of DID ~ 1943 - CITY COUNTY DAY NURSERY KITCHEN RENOVATION 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 faithfully perform said Contract and shall in all respects, conditions and agreements ~n and by said contract agreed and covenanted by the Principal to be observed and performed, and according to the true ~ntent and meaning of sa~d Contract and the Plans and Specifications hereto annexed, 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 the Texas Government Code, Chapter 2253 (Vernon, as currently amended), and all liabilities on this bond shall be determined in accordance with said provisions to the same extent as if they were copied at length herein. PB - i PROVIDED FURTHER, that if any legal action be filled 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 acoompanyingthe same, shall in any way 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 ~7 day of November , 19 9~ · JONES & JEFFERY CONSTRUCTION CO , INC Bituminous Casualty Corp ROBERT W JONES, JR Title PRESIDENT Title Attorney Fact Address: Address: P 0 Box 167968 3801Et McKINNEY IrvSDg, Tpx~s 77016 DENTON, TEXAS 76208 (SEAL) (SEAL) The name and address of the Resident Agent of Surety is: Ramev & Kin~ Insurance 830 S. I35 Spi~9 A1 Denton, Texas 76205 NOTE: Date of Bond must not be prior to date of Contract. AAAO184D Rev. 04/05/96 PB - 2 PAYMENT BOND STATE OF TEXAS S COUNTY OF DENTON S KNOW ALL MEN BY THESE PRESENTS: That JONES AND JEFFERY CONSTRUCTION CO of the City of DENTON County of DENTON , and the State of TEXAS , as principal, and Bituminous Casualty Corp authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto THE CITY OF DENTON , OWNER, in the penal sum of THIRTY ONE THOUSAND SEVENTY and no/100 ........... Dollars ($ 31~070 oo ) 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 NOVEMBER 19 96 . BID % 1943 - CITY COUNTY DAY NURSERY KITCHEN RENOVATION 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 h~m or a subcontractor in the prosecution 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 the Texas Government Code, Chapter 2253 (Vernon, as currently amended), and all liabilities on this bond shall be determined in accordance with said provisions to the same extent as if they were copied at length herein. 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 accompanyingthe same, shall in any way 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 instru~ent this 27 day of November 19 96. JONES & JEFFERY CONSTRUCTION CO. ~ INC Bituminous Casualty Corp _ ~Pri~cipal Surety Title PRESIDENT Title Attorney In Fact Address.' Address: P 0 Box 167968 3801 E McKINNEY Irvin8~ Texas 75016 DENTON~ TEXAS 76208 (SEAL) (SEAL) The name and address of the Resident Agent of Surety is: 830 S 135 Suits A, Denton, Texas 76205 AAA0184D Rev. 04/05/96 PB - 4 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 ,nsurance carriers or brokers to determine in advance of Bid submission the availabihty of insurance certificates and endorsements as prescribed and provided herein If an apparent Iow 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 th~s contract STANDARD PROVISIONS: W~thout hm~t~ng any of the other obhgatlons or habd~ties of the Contractor, the Contractor shall prowde and maintain until the contracted work has been completed and accepted by the C~ty of Denton, Owner, the minimum insurance coverage as ~nd~cated hereinafter As soon as practicable after notification of b~d award, Contractor shall file w~th the Purchasing Department satisfactory certificates of ~nsurance, containing the b~d number and t~tle of the project Contractor may, upon wntten request to the Purchasing Department, ask for clarification of any insurance requirements at any t~me, however, Contractors are strongly adwsed to make such requests prior to b~d opening, since the insurance requirements may not be modified or waived after bid opemng unless a written exception has been submitted w~th the b~d 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 C~ty of Denton All ~nsurance pohc~es proposed or obtained ~n satisfaction of these requirements shall comply w~th the following general specifications, and shall be maintained ~n comphance w~th these general specifications throughout the duration of the Contract, or longer, ~f so noted · Each pohcy shall be ~ssued by a company authorized to do business m the State of Texas w~th an A M Best Company rating of at least A · Any deductibles or self-insured retentions shall be declared m the b~d proposal If requested by the C~ty, the insurer shall reduce or ehm~nate such deductibles or self-insured retentions w~th respect to the C~ty, ~ts AAA00350 REVISED 10/12/94 Cl - 1 Insurance Requirements Page 2 officials, agents, employees and volunteers, or, the contractor shall procure a bond guaranteeing payment of losses and related ~nvest~gat~ons, claim administration and defense expenses · Liability policies shall be endorsed to prowde the following · ® Name as additional ~nsured the City of Denton, ~ts Officials, Agents, Employees and volunteers · · That such insurance is primary to any other ~nsurance available to the additional ~nsured with respect to claims covered under the policy and that this insurance applies separately to each insured against whom claim ~s made or su~t Is brought The inclusion of more than one insured shall not operate to ~ncrease the ~nsurer's I~m~t of hab~l~t¥ · All policies shall be endorsed to provide thirty(30) days pnor written notice of cancellation, non-renewal or reduction ~n coverage · Should any of the required ~nsurance be prowded under a claims-made form, Contractor shall maintain such coverage continuously throughout the term of th~s contract and, w~thout lapse, for a per~od 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 ~nsurance be prowded under a form of coverage that includes a general annual aggregate hm~t prowd~ng for claims invest~gation or legal defense costs to be ~ncluded ~n the general annual aggregate I~m~t, the contractor shall e~ther double the occurrence I~m~ts or obtain Owners and Contractors Protective Llab~hty Insurance · Should any required insurance lapse during the contract term, requests for payments ong~nat~ng after such lapse shall not be processed until the C~ty receives satisfactory ewdence of reinstated coverage as required by th~s contract, effective as of the lapse date If ~nsurance ~s not reinstated, C~ty may, at ~ts sole option, terminate this agreement effective on the date of the lapse. AAA00350 REVISED 10/12/94 ~';[ Insurance Requirements Page 3 SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: All ~nsurance policies proposed or obtained ~n satisfaction of th~s Contract shall additionally comply w~th the follow,ng marked specifications, and shall be mmntmned ,n compliance with these addmonal specifications throughout the duration of the Contract, or longer, ~f so noted: [x] A. General L,abd,ty Insurance: General L~abdlty insurance w~th combined s~ngle bm,ts of not less than ~3oo,oo0.oo shall be provided and mmntmned by the contractor The pohcy shall be written on an occurrence bas~s either ~n a single pohcy or ~n a combination of underlying and umbrella or excess pohc~es If the Commercial General L~abd~ty form (ISO Form CG 0001 current edition) ts used · Coverage A shall include prem;ses, operations, products, and completed operations, ;ndependent contractors, contractual habd;ty covenng th~s contract and broad form property damage coverage · Coverage B shall ~nclude personal injury · Coverage C, medical payments, ~s not required If the Comprehensive General L;ab~hty form (ISO Form GL 0002 Current Edit;on and ISO Form GL 0404) ~s used, ;t shall ~nclude at least · Boddy injury and Property Damage L~abd~ty for premises, operations, products and completed operations, ~ndependent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures · Broad form contractual hab;hty (preferably by endorsement) covenng th~s contract, personal ~nlury habd~ty and broad form property damage habd,ty AAAO0360 REVISED 10/12/94 CI - 3 Insurance Requirements Page 4 Automobile Liability Insurance: Contractor shall provide Commercial Automobile L~ab~hty insurance with Combined Single Limits (CSL) of not less than ~5oo~ooo.oo either ~n a single policy or in a combination of basic and umbrella or excess pohcles The policy w~ll ~nclude bodily injury and property damage hab~hty ansmg out of the operation, maintenance and use of all automobiles and mobde equipment used ~n conjunction with this contract Satisfaction of the above requirement shall be ~n the form of a pohcy endorsement for · any auto, or · all owned, h~red and non-owned autos Ix] Workers Compensation Insurance Contractor shall purchase and maintain Worker's Compensation ~nsurance which, ~n addition to meeting the minimum statutory requirements for ~ssuance of such ~nsurance, has Employer's L~ab~l~ty hm~ts of at least $100,000 for each accident, 4100,000 per each employee, and a 4500,000 pohcy hm~t for occupational d~sease. The City need not be named as an "Additional Insured" but the ~nsurer shall agree to waive all rights of subrogation aga.nst the C~ty, its officials, agents, employees and volunteers for any work performed for the City by the Named Insured For building or construction prolects, the Contractor shall comply w~th the prows~ons of Attachment I in accordance w~th §406.096 of the Texas Labor Code and rule 28TAC 110 110 of the Texas Worker's Compensation Commission (TWCC) [ ] Owner's and Contractor's Protective Lmblhty 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 L~abd~ty insurance pohcy naming the City as ~nsured for property damage and boddy ~njury which may arise m the prosecution of the work or contractor's operations under th~s contract Coverage shall be on an AAA00350 4 REVISED 10/12/e4 Insurance Requirements Page 5 "occurrence" basis, and the pohcy shall be ~ssued by the same ~nsurance company that carries the contractor's hab~hty insurance Pohcy hmlts will be at least combined bodily ~njury and property damage per occurrence w~th a aggregate [ ] F~re Damage Legal L~ability ~nsurance Coverage is required if Broad form General Llab~hty ~s not prowded or ~s unavailable to the contractor or if a contractor leases or rents a port~on of a C~ty building L~m~ts of not less than each occurrence are required [ ] Profess,onal Lmb~l,ty Insurance Professional hab~hty insurance with hm~ts not less than per claim with respect to neghgent acts, errors or omissions in connection w~th professional services is required under this Agreement [ ] Builders' Risk Insurance Bu;Iders' R~sk Insurance, on an AII-R~sk form for 100% of the completed value shall be provided. Such policy shall include as "Named Insured" the C~ty of Denton and all subcontractors as their interests may appear [ ] Additional Insurance Other insurance may be required on an md~wdual basis for extra hazardous contracts and specific serwce agreements If such additional ~nsurance ~s required for a spec~hc contract, that requirement w~ll be described ~n the "Specific Conditions" of the contract specifications AAA~0350 5 REVISED 10/12/~4 L~I Insurance Requirements Page 6 ATTACHMENT I [x] Worker's Compensation Coverage for Bu,ld,ng or Construction Projects for Governmental Entities A. Deflmtlons Certificate of coverage ("cert~flcate")-A copy of a certificate of insurance, a certificate of authority to self-insure ~ssued by the comm[ss~on, or a coverage agreement (TWCC-81, '1'~NCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entlty's employees prowdlng services on a project, for the duration of the project Duration of the project - ~ncludes the t~me from the begmmng 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 prowdmg serwces on the project ("subcontractor" ~n §406 096) - includes all persons or ent~tms performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted d~rectly w~th the contractor and regardless of whether that person has employees Th~s includes, without hmltatlon, independent contractors, subcontractors, leasing compames, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furmshes persons to provide serwces on the project "Services" ~nclude, without hm~tat~on, prowd~ng, hauhng, or dehvermg equipment or materials, or providing labor, transportation, or other service related to a project "Services" does not include actiwtms unrelated to the project, such as food/beverage vendors, office supply dehvenes, and dehvery of portable toilets B. The contractor shall prowde coverage, based on proper reporting of classification codes and payroll amounts and fihng of any overage agreements, wh;ch meets the statutory requirements of Texas Labor Code, Section 401 011 (44) for all employees of the contractor prowdmg serwces on the project, for the duration of the project AAA00350 REVISED 10112t94 CI - 6 Insurance Requirements Page 7 C The Contractor must prowde a certificate of coverage to the governmental entity prior to being awarded the contract D. If the coverage per~od 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 per~od, f,le a new certificate of coverage w~th the governmental entity showing that coverage has been extended E The contractor shall obtain from each person prowdmg serwces on a project, and prowde to the governmental entity (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity w~ll have on file certificates of coverage showing coverage for all persons prowdmg serwces on the project, and (2) no later than seven days after receipt by the contractor, a new cert,flcate of coverage showing extension of coverage, if the coverage penod 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 not~fy the governmental entity in wnt~ng by certified mall or personal dehvery, w~th~n 10 days after the contractor knew or should have known, of any change that mater~ally affects the prows~on of coverage of any person prowdmg serv,ces on the project H The contractor shall post on each project s~te a not~ce, ~n the text, form and manner prescribed by the Texas Workers' Compensation Commission, ,nformmg all persons prowd~ng serwces on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage AAA00350 7 REVISED 10/12/94 Insurance Requirements Page 8 The contractor shall contractually require each person w~th whom ~t contracts to provide services on a project, to' (1) provide coverage, based on proper reporting of classification codes and payroll amounts and fihng 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 prowd~ng services on the project, for the duration of the project, (3) provide the contractor, prior to the end of the coverage per~od, a new certificate of coverage showing extension of coverage, ~f the coverage period shown on the current certificate of coverage ends during the duration of the project, (4) obtain from each other person w~th whom ~t contracts, and prowde to the contractor (a) a certificate of coverage, prior to the other person begmmng work on the project, and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, ~f the coverage per~od shown on the current certificate of coverage ends during the duratmn of the project, (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter, (6) not~f¥ the governmental entity ~n writing by certified mall or personal dehver¥, w~thm 10 days after the person knew or should have known, of any change that mater~alty affects the prowsmn of coverage of any person providing serwces on the project, and AAA00350 8 REVISED 10/12/~4 Insurance Requirements Page 9 (7) contractually require each person with whom ~t contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing serwces 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 serwces on the project w~ll 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 w~ll be filed with the appropriate insurance carrier or, in the case of a self-~nsured, with the commission's Division of Self-Insurance Regulation Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, CIVIl penalties, or other c~wl actions K The contractor's failure to comply w~th any of these prows~ons ~s a breach of contract by the contractor which ent~tles the governmental entity to declare the contract void ~f the contractor does not remedy the breach w~thln ten days after receipt of not~ce of breach from the governmental entity AAA00360 REVISED 10/12/94 CI - 9 BID TABULATION SHEET Item Cost 1 Demolmonqncludes cost of removal of pantry wall and removal & disposal of equipment $ 1,655.00 2 Installation of above floor grease trap $ 1,170 00 3 Installation of overhead cabinets and plastic wall covenng $ 2,030 00 4 Installation of floor-mounted cabinets $ 1,550.00 5 Pmntmg, including range hood $ 1,000.00 6 Floor patching $ 165 00 7 Repmr of range exhaust hood system including work on cefimg diffuser $ 4,225 00 8 Plumbing $ 525.00 9 Ceiling and Llghtmg $ 740 00 10 Electrical $ 970 00 11 Eqmpment Purchase & Installation Stove $ 5,729 00 Refrigerator $ 2,/,82 00 Freezer $ 2,610 00 BT-1 M~¢rowave $ 350 00 Ice Machine $ 1,062.00 Installanon of new work table $ N/A ALL OTHER COST PER M. HARDIN $ 4,807 00 PROJECT TOTAL $ 31,070 oo JONES & JEFFERY CONSTRUCTION COMPANY, INC Name of Bxdder AUGUST 29, 1996 Dm¢ COMPANY NAME JONES & JEFFERY CONSTRUCTION COMPANY~ INC ADDRESS 3801 E McKINNEY DENTON~ TEXAS 76208 PHONE # 817-382-3124 SIGNATURE OF ~ARTY BT-2 i~_~ ~ ~ ~ ~ L,~''~ ]~E ~ ~D ~m~a ~ ~ ~ ~ ~H~ MAY ~ ...... ~ ...... y ........ I~i~~ ~"~ ~ ~ I~ ..... ! .......... ~ '~ ~LY~ ' ~ , ............. ~ ...... T ~ . - ............ --- T~ ' .... ~ D~ ~ ~ ~R~ ~ ~g~ DAY NUR~ R~A~ ~F ~E ~ ~;~ ~ ~ ~ ~ ~ ~N ~ ~, ~E ~1~ C~R~ ~ ~ TM O~N ~ ~1 ~ ~ ~ A,--' -- -- lO0 d OSOI ~Z LIS I qHl 9NI~ ~ iH~YH 60 OI (Hfll)96,01- OHH