2007-257ORDINANCE NO. 9-5V
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS
CONTRACT FOR THE INSTALLATION OF PLAYGROUND EQUIPMENT INCLUDING
PAVING, TURF, EROSION CONTROL AND PLAYGROUND COMPONENTS AT LAKE
FOREST PARK; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING AN EFFECTIVE DATE (BID 3817-PLAYGROUND EQUIPMENT AT LAKE
FOREST PARK AWARDED TO JONES AND JEFFERY CONSTRUCTION COMPANY, INC.
IN THE AMOUNT OF $131,177).
WHEREAS, the City has solicited, received and tabulated competitive bids for the
construction of public works or improvements in accordance with the procedures of State law and
City ordinances; and
WHEREAS, the City Manager or a designated employee has 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 ORDAINS:
SECTION 1. 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
NUMBER CONTRACTOR AMOUNT
3817 Jones and Jeffery Construction Company, Inc. $131,177
SECTION 2. 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 complywith all requirements
specified in the Notice to Bidders including the timely execution of a written contract and furnishing
of performance and payment bonds, and insurance certificate after notification of the award of the
bid.
SECTION 3. The City Manager is hereby authorized to execute all necessary written
contracts for the performance of the construction of the public works or improvements in accordance
with the bids accepted and approved herein, provided that such contracts are made in accordance
with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms,
conditions, plans and specifications, standards, quantities and specified sums contained therein.
SECTION 4. Upon acceptance and approval of the above competitive bids and the execution
of contracts for the public works and improvements as authorized herein, the City Council hereby
authorizes the expenditure of funds in the manner and in the amount as specified in such approved
bids and authorized contracts executed pursuant thereto.
SECTION 5. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of ,2007.
RR McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
BY:
3-O -3817
CONTRACT AGREEMENT
STATE OF TEXAS
§ COUNTY OF DENTON §
THIS AGREEMENT, made and entered into this 6th day of November A.D., 2007, by
and between City of Denton of the County of Denton and State of Texas, acting
through George C. Campbell thereunto duly authorized so to do,
hereinafter termed "OWNER," and
Jones & Jeffery Construction Company Inc
3801 East McKinney Street
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 specified below:
Bid #3817 - Playground Equipment and Installation Lake Forest Park Project
in the amount of $131,177.00 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 and the Performance and Payment Bonds,
attached hereto, and in accordance with all the General Conditions of the Agreement, the Special
Conditions, the Notice to Bidders (Advertisement for Bids), and Instructions to Bidders, as
referenced herein and on file in the office of the Purchasing Agent, and in accordance with all local,
state and federal laws; and plans, which includes all maps, plats, blueprints, and other drawings and
printed or written explanatory matter thereof, and the Specifications therefore, as prepared by:
City of Denton Parks and Recreation Department
all of which are referenced herein and made a part hereof and collectively evidence and constitute
the entire contract.
CA-1
Independent Status
It is mutually understood and agreed by and between City and Contractor that Contractor is
an independent contractor and shall not be deemed to be or considered an employee of the City of
Denton, Texas, for the purposes of income tax, withholding, social security taxes, vacation or sick
leave benefits, worker's compensation, or any other City employee benefit. City shall not have
supervision and control of Contractor or any employee of Contractor, and it is expressly understood
that Contractor shall perform the services hereunder according to the attached specifications at the
general direction of the City Manager of the City of Denton, Texas, or his designee under this
agreement.
Indemnification
Contractor covenants and agrees to and does hereby indemnify, hold harmless and defend, at
its own expense, Owner, its officers, servants and employees, from and against any and all claims or
suits for property loss or damage and/or personal injury, including death, to any and all persons, of
whatsoever kind or character, whether real or asserted, arising out of the Work and services to be
performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or
invitees, whether or not caused, in whole or in part, by the alleged negligence of the officers,
servants, employees, of the Owner. Contractor likewise covenants and agrees to, and does hereby,
indemnify and hold harmless Owner during the performance of any of the terms and conditions of
this Contract, whether arising out of in whole or in part, any and all alleged acts or omissions of
officers, servants, or employees of Owner. The provisions of this paragraph are solely for the
benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise,
to any other person or entity.
Choice of Law and Venne
This agreement shall be governed by the law of the State of Texas and venue for its
construction and enforcement shall lie in the courts of Denton County, Texas.
The CONTRACTOR hereby agrees to commence work on or after the date established for
the start of work as set forth in written notice to commence work and complete all work within the
time stated in the Proposal, subject to such extensions of time as are provided by the General and
Special Conditions.
The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown
in the Proposal, which forms a part of this contract, such payments to be subject to the General and
Special Conditions of the Contract.
CA-2
Right to Audit
The OWNER shall have the right to audit and make copies of the books, records and computations
pertaining to this agreement. The CONTRACTOR shall retain such books, records, documents and
other evidence pertaining to this agreement during the contract period and five years thereafter,
except if an audit is in progress or audit findings are yet unresolved, in which case records shall be
kept until all audit tasks are completed and resolved. These books, records, documents and other
evidence shall be available, within 10 business days of written request. Further, the
CONTRACTOR shall also require all Subcontractors, material suppliers, and other payees to retain
all books, records, documents and other evidence pertaining to this agreement, and to allow the
OWNER similar access to those documents. All books and records will be made available within a
50 mile radius of the City of Denton. The cost of the audit will be home by the OWNER unless the
audit reveals an overpayment of 1% or greater. If an overpayment of 1% or greater occurs, the
reasonable cost of the audit, including any travel costs, must be borne by the CONTRACTOR
which must be payable within five business days of receipt of an invoice.
Failure to comply with the provisions of this section shall be a material breach of this contract and
shall constitute, in the OWNER'S sole discretion, grounds for termination thereof. Each of the
terms "books "records" "documents" and "other evidence" as used above shall be construed to
include drafts and electronic files, even if such drafts or electronic files are subsequently used to
generate or prepare a final printed document.
CA-3
IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the
year and day first above written.
City of Denton
OWN
BY(SEAL)
ATTEST:
CN<wv rN.9'j Jones & Jeffery Construction Co., Inc.
J Lu CONTRACTOR
3801 E. McKinney St.
Denton, Texas 76208
MAILING ADDRESS
APPROVED AS TO FORM:
(940) 382-3124
PHONE NUMBER
(940) 566-2176
;FAX NUMBER
BY:
TITLE - President
Robert W. Jones, Jr.
PRINTED NAME
(SEAL)
ft-Y ATTORi EY
CA-4
PERFORMANCE BOND \qFj
STATE OF TEXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS: That Jones & Jeffery Construction Company
Inc. whose address is 3801 East McKinney Street, Denton, Texas 76208 hereinafter called
Principal, and-'_)j XCp ~eC It7ti ~y-ck,Q(p (c~1n1 a corporation organized and existing
under the laws of the State of ~pxGS r , and fully authorized to transact
business in the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a
municipal corporation organized and existing under the laws of the State of Texas, hereinafter
called Owner, in the penal sum of One hundred thirty-one thousand one hundred seventy-seven and
00/10016OLLARS ($131,177.00) plus ten percent of the stated penal sum as an additional sum of
money representing additional court expenses, attorneys' fees, and liquidated damages arising out of
or connected with the below identified Contract, in lawful money of the United States, to be paid in
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, 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, 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 2007-257, with the City of Denton,
the Owner, dated the 6th day of November A.D. 2007✓a copy of which is hereto attached and
__made a part -hereof,-for-Bid-#3817 -_Playground Equipment and Installation, Lake Forest Park
Project
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill all
of the undertakings, covenants, terms, conditions 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 notice to the Surety, and
during the life of any guaranty or warranty required under this Contract, and shall also well and
truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any
and all duly authorized modifications of said Contract that may hereafter be made, notice of which
modifications to the Surety being hereby waived; and, if the Principal shall repair and/or replace all
defects due to faulty materials and workmanship that appear within a period of two (2) years from
the date of final completion and final acceptance of the Work by the Owner; and, if the Principal
shall fully indemnify 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 reimburse and repay Owner all outlay
and expense which the Owner may incur in making good any default or deficiency, then this
obligation shall be void; otherwise, it shall remain in full force and effect.
PB-1
PROVIDED FURTHER, that if any legal action be filed upon this Bond, exclusive venue
shall lie in Denton County, State of Texas.
AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and
agrees that no change, extension of time, 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 time, alteration 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 provisions of Chapter 2253 of the Texas Govemment
Code, as amended, and any other applicable statutes of the State of Texas.
The undersigned and designated agent is hereby designated by the Surety herein as the
Resident Agent in Denton County to whom any requisite notices may be delivered and on whom
service of process may be had in 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 in 4 copies, each one of which
shall be deemed an original, this thek
Q~~Iday oWC1JQ A2U- , ✓
ATTEST:
BY:. SEQRETY
ATTEST:
BY:
The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the
processis:
NAME:
STREET ADDRESS: C~)\(l N 1 ?)5 i-- I-"PnAz~n ,-TV -1(C 25
(NOTE: Date of Performance Bond must be date of Contract. If Resident Agent is not a corporation, give a
person's name.)
PB-2
PRINCIPAL
- ----PRESIDENT.
SURETY
PAYMENT BOND
STATE OF TEXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS: That Jones and Jeffery Construction/
Company, Inc. , whose address is 3801 East McKinney Street, Denton, Texas 76208, hereinafter
called Principal, and ~1~p1tr lvFl~irovlco C'-),t)gT yia corporation organized and
existing under the laws of the State of ~[2 ti z\,s and tttily authorized to transact business
in the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a municipal
corporation organized and existing under the laws of the State of Texas, hereinafter called Owner,
and unto all persons, firms, and corporations who may furnish materials for, or perform labor upon,
the building or improvements hereinafter referred to, in the penal sum of One hundred thirty-one
thousand one hundred seventy-seven and 00/100-DOLLARS ($131,177.00)-in lawful money of the
United States, to be paid in 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, 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 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 2007-257, with the City of Denton,
the Owner, dated the 6th day of November A.D. 2007~a copy of which is hereto attached
and made as part hereof, for Bid #3817 - Playground Equipment and Installation, Lake Forest Park
Project✓....
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties and
make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying
labor and/or material in 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 in full force and effect.
PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive venue shall
lie in Denton County, Texas.
AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and
agrees that no change, extension of time, 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 time, 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 given pursuant to the provisions of Chapter 2253 of the Texas Government
Code, as amended, and any other applicable statutes of the State of Texas.
The undersigned and designated agent is hereby designated by the Surety herein as the
Resident Agent in Denton County to whom any requisite notices may be delivered and on whom
service of process may be had in matters arising out of such surety, as provided by Article 7.19-1 of
the Insurance Code, V ernon's Annotated Civil Statutes of the State of Texas.
IN WITNESS WHEREOF, ~th~~is~ ~i~nstrument is executed in 4 copies, each one of which
shall be deemed an original, this the w- • `day of I ~w k M'l
ATTEST:
BY:
SEC ATTEST:
BY:
PRINCIPAL
~ nes E .~e~e. nts~ Co _~~.le .
BY: _
PRESIDENT
SURETY
S( l
BY:
ATTO - - T
The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the
processis:
NAME:
STREET ADDRESS: nJ y) N ~3C YTfO/1 l ~'t(~A►7~
(NOTE: Date of Payment Bond must be date of Contract. If Resident Agent is not a corporation,
give a person's name.)
PB-4
~~SSP
PDA p: 4221256
SureTec Insurance Company
LIMITED POWER OF ATTORNEY
Know All Men by These Presents, That SURETEC INSURANCE COMPANY the "Company"), a corporation duly organized and
existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents
make, constitute and appoint
Jeffrey P. King~ecky McKnight
of Denton , Texas its true and lawful Attomey(s)-in-fact, with full power and authority hereby conferred in its name, place and stead, to
execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to
include waivers to the conditions of contracts and consents of surety, providing the bond penalty does not exceed
Seven Hundred Fifty Thousand and no/100 Dollars ($750,000.00)11
and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate
seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attomey(s)-in-Pact may do in the
premises. Said appointment shall continue in force until December 31, 2007 and is made under and by authority of the following
resolutions of the Board of Directors of the SureTec Insurance Company:
Be it Resolved, that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is
hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on
behalf of the Company subject to the following provisions:
Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and
deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all
notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such
Attorney-in-Pact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary.
Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or
any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid
and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20rfApril,
1999)
In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal
to be hereto affixed this 20th day of June, A.D. 2005.
a qqy ETEC I KURANCE COMPANY
gx By.
w; w >E B.J. Ki reside t
g,
State of'fexas ss: b
County of Harris _ 1~~' 111 ,
On this 20th day of June, A.D. 2005 before me personally came D.J. King, to me known, who, being by me duly swom, did depose and say, that he
resides in Houston, Texas, that he is President of, SURETEC INSURANCE COMPANY, the company described in and which executed the above
instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the
Board of Directors of said Company; and that he signed his name thereto by like order.
Michelle Denny
ao"rO Morey Publb ~n~-
• i btaleofTexas
'T,I(,{/~tiu, tau n
C'rFatc? MV C0mmWW Wr8S Michelle Denny, Notary P tic
August 27, 2008 My commission expires August 27, 2008
I, M. Brint Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy
of a Power of Attorney, executed by said Company,! which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set
out in the Power of Attorney are in full force and effect.
Given under my hand and the seal of said Company at Houston, Texas this MBea , 20~, A.D.
I /
ntSec tart'
Any instrument issued in excess of the penalty stated above Is totally void and without any validity.
For verification of the authority of this power you inay call (713) 812-0800 any business day between 8:00 am and 5:00 pm CST.
~%SP
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 as prescribed and provided
herein. If an apparent low bidder fails to comply strictly with the insurance requirements, that
bidder may be disqualified from award of the contract. Upon bid award, all insurance
requirements shall become contractual obligations, which the successful bidder shall have a duty
to maintain throughout the course of this contract.
STANDARD PROVISIONS:
Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall
provide and maintain until the contracted work has been completed and accepted by the City of
Denton, Owner, the minimum insurance coverage as indicated hereinafter.
As soon as practicable after notification of bid award, Contractor shall file with the Purchasing
Department satisfactory certificates of insurance, containing the bid number and title of the project.
Contractor may, upon written request to the Purchasing Department, ask for clarification of any
insurance requirements at any time; however, Contractors are strongly advised to make such
requests prior to bid opening, 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 rece_ive_s_ no_tification_ that the contract
has been accepted, approved, and signed by the City of Denton.
All insurance policies proposed or obtained in satisfaction of these requirements shall comply with
the following general specifications, and shall be maintained in compliance with these general
specifications throughout the duration of the Contract, or longer, if so noted:
• Each policy shall be issued by a company authorized to do business in the State of
Texas with an A.M. Best Company rating of at least A.
Any deductibles or self-insured retentions shall be declared in the bid proposal. If
requested by the City, the insurer shall reduce or eliminate such deductibles or
self-insured retentions with respect to the City, its officials, agents, employees and
volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and
related investigations, claim administration and defense expenses.
• Liability policies shall be endorsed to provide the following:
Name as additional insured the City of Denton, its Officials, Agents, Employees
and volunteers.
That such insurance is primary to any other insurance available to the additional
insured with respect to claims covered under the policy and that this insurance
applies separately to each insured against whom claim is made or suit is brought.
The inclusion of more than one insured shall not operate to increase the insurer's
limit of liability.
• All policies shall be endorsed to read:
"SAID POLICY SHALL NOT BE CANCELLED, NONRENEWED OR
MATERIALLY CHANGE WITHOUT 30 DAYS ADVANCED WRITTEN NOTICE
BEING GIVEN TO THE OWNER (CITY) EXCEPT WHEN THE POLICY IS
BEING CANCELLED FOR NONPAYMENT OF PREMIUM IN WHICH CASE IO
DAYSADVANCE WRITTEN NOTICE IS REQUIRED".
Should any of the required insurance be provided under a claims-made form, Contractor
shall maintain such coverage continuously throughout the term of this contract and,
without lapse, for a period of three years beyond the contract expiration, such that
occurrences arising during the contract term which give rise to claims made after
expiration of the contract shall be covered.
• Should any of the required insurance be provided under a form of coverage that
-
includes a general annual aggregate limit providing for claims investigation or legal
defense costs to be included in the general annual aggregate limit, the Contractor shall
either double the occurrence limits or obtain Owners and Contractors Protective
Liability Insurance.
• Should any required insurance lapse during the contract term, requests for payments
originating after such lapse shall not be processed until the City receives satisfactory
evidence of reinstated coverage as required by this contract, effective as of the lapse
date. If insurance is not reinstated, City may, at its sole option, terminate this
agreement effective on the date of the lapse.
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS:
All insurance policies proposed or obtained in satisfaction of this Contract shall additionally
comply with the following marked specifications, and shall be maintained in compliance with these
additional specifications throughout the duration of the Contract, or longer, ifso noted:
[X] A. General Liability Insurance:
General Liability insurance with combined single limits of not less than $ 500,000 shall
be provided and maintained by the Contractor. The policy shall be written on an
occurrence basis either in a single policy or in a combination of underlying and
umbrella or excess policies.
If the Commercial General Liability form (ISO Form CG 0001 current edition) is used:
• Coverage A shall include premises, operations, products, and completed
operations, independent contractors, contractual liability covering this contract
and broad form property damage coverage.
Coverage B shall include personal injury.
Coverage C, medical payments, is not required.
If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and
ISO Form GL 0404) is used, it shall include at least:
• Bodily injury and Property Damage Liability for premises, operations,
products and completed operations, independent contractors and property
damage resulting from explosion, collapse or underground (XCU) exposures.
• Broad form contractual liability (preferably by endorsement) covering this
contract, personal injury liability and broad form property damage liability.
[X] Automobileliability Insurance:
Contractor shall provide Commercial Automobile Liability insurance with Combined Single
Limits (CSL) of not less than $300,000 either in a single policy or in a combination of
basic and umbrella or excess policies. The policy will include bodily injury and property
damage liability arising out of the operation, maintenance and use of all automobiles and
mobile 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.
[X] Workers Compensation Insurance
Contractor shall purchase and maintain Worker's Compensation insurance which, in addition
to meeting the minimum statutory requirements for issuance of such, insurance, has
Employer's Liability limits of at least $100,000 for each accident, $100,000 per each
employee, and a $500,000 policy limit for occupational disease. The City need not be
named as an "Additional Insured" but the insurer shall agree to waive all rights of
subrogation against the City, its officials, agents, employees and volunteers for any work
performed for the City by the Named Insured. For building or construction projects, the
Contractor shall comply with the provisions of Attachment 1 in accordance with §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 Liability Insurance
The Contractor shall obtain, pay for and maintain at all times during the prosecution of the
work under this contract, an Owner's and Contractor's Protective Liability insurance policy
naming the City as insured for property damage and bodily injury which may arise in the
prosecution of the work or Contractor's operations under this contract. Coverage shall be on
an" occurrence" basis, and the policy shall be issued by the same insurance company that
carries the Contractor's liability insurance. Policy limits will be at least
combined bodily injury and property damage per occurrence with a - aggregate.
[ ] Fire Damage Legal Liability Insurance
Coverage is required if Broad form General Liability 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 required.
[ ] Professional Liability Insurance
Professional liability insurance with limits not less than per claim with respect to
negligent acts, errors or omissions in connection with professional services is required under
this Agreement.
[ ] Builders' Risk Insurance
Builders' Risk Insurance, on an All-Risk form for 100% of the completed value shall be
provided. Such policy shall include as "Named Insured" the City of Denton and all
subcontractors as their interests may appear.
[ ] Commercial Crime
Provides coverage for the theft or disappearance of cash or checks, robbery inside/outside
the premises, burglary of the premises, and employee fidelity. The employee fidelity
portion of this coverage should be written on a "blanket" basis to cover all employees,
including new hires. This type insurance should be required if the contractor has access to
City funds. Limits of not less than each occurrence are required.
[ ] Additional Insurance
Other insurance may be required on an individual basis for extra hazardous contracts and
specific service agreements. If such additional insurance is required for a specific contract,
that requirement will be described in the "Specific Conditions" of the contract specifications.
ATTACHMENTI
[Xj Worker's Compensation Coverage for Building or Construction Projects for
Governmental Entities
A. Definitions:
Certificate of coverage ("certificate")-A copy of a certificate of insurance, a certificate
of authority to self-insure issued by the commission, or a coverage agreement (TWCC-
81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation
insurance 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 includes, without
limitation, independent contractors, subcontractors, leasing companies, motor carriers,
owner-operators, employees of any such entity, or employees of any entity which
furnishes persons to provide services 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
activities unrelated to the project, such as foodibeverage vendors, office supply
deliveries, 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
requirements 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.
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 beginning 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 mail or
personal delivery, within 10 days after the contractor knew or should have known, of
any change that materially affects the provision of coverage of any person providing
services on the project.
H. The contractor shall post on each project site a notice, in 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.
The contractor shall contractually require each person with whom it contracts to provide
services on a project, to:
(1) provide coverage, based on proper reporting of classification codes and payroll
amounts and filing of any coverage agreements, which meets the statutory
requirements of Texas Labor Code, Section 401.011(44) for all 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 providing 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 it 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 period 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 provision of coverage of any person providing services on
the project; and
(7) contractually require each person with whom it 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 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 will 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-
insured, with the commission's Division of Self-Insurance Regulation. Providing false
or misleading information may subject the contractor to administrative penalties,
criminal penalties, civil penalties, or other civil actions.
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.
Purchasing Department
901-B Texas Street
Denton, TX 76209
(940) 349-7100
www.dentonPurchasina -.corn
Bid#3817
Bid For
Playground Equipment and Installation,
Lake Forest Park Project
BIDS DUE: October 18..2007
2:00 P.M.
Bid submitted by:
Jones & Jeffery Construction Company, Inc
Company Name
SECTION 00300 - PROPOSAL (BID) FORM
NAME OF BIDDER: Jones & Jeffery Construction Company, Inc
DATE: October 18, 2007
MR. TOM SHAW
PURCHASING AGENT
CITY OF DENTON
901-B TEXAS STREET
DENTON, TX 76209
Dear Mr. Shaw:
The undersigned, in compliance with your advertisement for Bids for Lake Forest Park -
Playground Equipment and Installation, having examined the Drawings and Specifications,
together with the related documents and all conditions surrounding the work, and having visited the
site of the proposed work, hereby, proposes to furnish all work in every detail in accordance with
the Contract Documents within the time set forth herein and at the prices stated below. These
prices shall cover all expenses incurred in performing the work under the Contract Documents, of
which the Proposal is a part.
Attached herewith, please find (Cashiers Check) (Certified Check) (Bid Bond) in the amount of
$J3id Bond , five percent (5%) of the greatest amount bid.
I (or we) acknowledge receipt of the following addenda:
ADDENDA #1: October 15, 2007 (Initial)
,S
ADDENDA #2i (Initial)
ADDENDA #3: (Initial)
00300 - 1
CONTRACT DOCUMENTS: Having examined the Proposal, General Instructions, Materials,
Execution, Drawings, and Contract for (Bid # 3817) Lake Forest Park - Playground Equipment
and Installation and having examined the premises and circumstances affecting the work, the
undersigned offer.
OFFER: 1. To furnish all labor, material, tools, equipment, transportation, bonds, all applicable
taxes, incidentals, and other facilities, and to perform all work for the Lake Forest Park -
Playground Equipment and Installation Project
One hundred thirty four thousand five hundred fifty & 00/100 Dollars($ 134,550.00 )
Total Base Bid
ALTERNATES:
Alternate #1 - - Add - Picnic Shelter (Pavilion) --Construct all elements associated with the
construction of the picnic shelter, shelter foundation and access walkway in compliance with the
plans and specifications.
Fifty three thousand seven hundred ninety five & 00/100 Dollars($ 531795.00 )
Total Alternate #1
Alternate #2 - - Deduct - Engineered Wood Fiber Do not furnish or install the Engineered Wood
Fiber for the Playground Area.
Deduct Three thousand three hundred seventy five & oo/100 Dollars($ (3,375.00) )
Total Alternate #2 Deduct
UNIT-PRICES:
The undersigned agrees that the following unit prices will apply to adjust quantities of materials
indicated on drawings. Prices are for materials furnished and installed. It is further agreed that the
quantities of work to be done at unit prices and material to be furnished may be increased or
diminished, as may be considered necessary in the opinion of the Owner and that all quantities of
work, whether increased or decreased, are to be performed at the unit prices set forth below
except as provided for in the specifications. All unit prices are for addition or deletion.
PAVING COMPONENTS (FURNISH & INSTALL):
6" reinforced concrete paving
5" reinforced walkway, 6' wide
5" reinforced concrete flatwork
Picnic Shelter Slab & Flatwork
$3.75 Dollars per S.F.
$3.50 Dollars per L.F.
$3.50 Dollars per S.F.
$16,965.00 Lump Sum
00300 - 2
TURF COMPONENTS (FURNISH AND INSTALL):
Drill Seeded Common Bermuda Grass $1.00 Dollars per S.F.
Hydrocasted Common Bermuda Grass $ .12 Cents Dollars per S.F.
Hydromulched Common Bermuda Grass $ .12 Cents Dollars per S.F.
EROSION CONTROL (FURNISH AND INSTALL):
Siltation Fabric Barrier - Perimeter
Siltation Fabric Barrier - Swale
Stabilized Construction Entrance/Exit
Staked Erosion Control Matting
Staked Common Bermuda Solid Sod
$1.75
Dollars per L.F.
$2.50
Dollars per L.F.
$1,000.00
Dollars each
$2.75
Dollars per S.Y.
$2.65
Dollars per S.Y.
PLAYGROUND COMPONENTS (FURNISH AND INSTALL):
4" Perforated ADS N-12 HDPE Pipe
6" Non-Perforated ADS N-12 HDPE
Pipe
$20.00 Dollars per L.F.
$30.00 Dollars per L.F.
Concrete Playground border
$25.00 Dollarsper L.F.
Playground border integral w/walkway
$2.50
Dollars per L. F. S
F
.
.
Drainage outfall headwall
$400.00
Dollars each
,
Playground Access Ramp
$750.00
Dollars per L.F.
MISCELLANEOUS (FURNISH AND INSTALL)
Import and Place off-site Soil
$7.00
Dollars per C.Y.
On-site Earthwork
$3,000.0
Dollars per each
Installed Bench
$150.00
Dollars per each
EXAMINATION OF SITE: By signing the Proposal Form, contractor acknowledges he is an
authorized representative and has examined the site and is aware of all field conditions, which may
affect the work.
TAXES: Tax shall not be included in your bid.
° " 00300 - 3
Upon receipt of notice of acceptance of this bid, within ninety (90) days of the date of this proposal,
I (or we) agree to execute the formal contract within ten (10) days thereafter, and to deliver an
Insurance Certificate, a SURETY BOND in the amount of ONE HUNDRED and TEN PERCENT
(110%) of the contract price for the faithful performance of the contract, and a ONE HUNDRED
PERCENT-(100%) STATUTORY PAYMENT BOND.
The undersigned affirms he has familiarized himself with the local conditions under which the work
is to be performed; satisfied himself of the conditions of delivery, handling and storage of
equipment and all other matters that may be incidental to the work. He also agrees to commence
work within ten (10) days after date of written notice to do so and to substantially complete the
work on which he has bid within 120 consecutive calendar days, subject to such
extensions of time as allowed by the specifications.
Contractors that are awarded contracts shall be prepared to immediately sit down with the City of
Denton Representatives and present a plan that will illustrate how progression of work is to take
place.
If a contractor is awarded the project, the project must be completed within the date stipulated by
the Contractor shown above, or the Contractor will be subject to liquidated damages as set forth
below.
A working day is defined as a calendar day, in which weather or other conditions not under the
control of the company will permit the performance of the principal units of work underway for a
continuous period of not less than seven (7) hours between 7:00 A.M. and 6:00 P.M.
The undersigned agrees that the Owner may retain the sum of Two Hundred-Fifty Dollars
($250.00) from the amount to be paid to the undersigned for each calendar day that the work
contemplated remains incomplete beyond the time set forth, Sundays and holidays INCLUDED.
This amount is agreed upon as the proper measure of liquidated damages, which the Owner will
sustain-per day, by failure-of-the-undersigned to complete the work at-the stipulated time, and is
not to be construed in any sense as a penalty.
Payment will be made to the contractor within thirty (30) days after receipt of proper invoice and
written acceptance of project from the Owner's representative; all required material invoices,
documentation, etc and all written warranties from both contractor and manufacturer.
The undersigned agrees this bid becomes the property of the City of Denton after the official
opening.
The undersigned agrees, if this bid is accepted, to furnish any and all items/services upon which
prices are offered, at the price(s) and upon the terms and conditions contained in the
Specifications. The period for acceptance of the Bid Proposal will be ninety (90) calendar days
unless a different period is noted by the bidder.
The undersigned affirms that they are duly authorized to execute this contract, that this bid has not
been prepared in collusion. with any other Bidder, not any employee of the City of Denton, and that
the contents of this bid have not been communicated to any other bidder or to any employee of the
City of Denton prior to the official opening of this bid.
00300 - 4
Vendor hereby assigns to purchaser any and all claims for overcharges associated with this
contract which arise under the antitrust laws of the United States, 15 USCA Section 1 et sea.,'and
which arise under the antitrust laws of the State of Texas, Tex. Bus. & Com. Code, Section 15.01,
et_ seq.
The undersigned affirms that they have read and do understand the specifications and any
attachments contained in this bid package.
NAME AND ADDRESS OF COMPANY:
Jones & Jeffery Construction Co., Inc.
3801 E. McKinney
Denton, Texas 76208
Tel. No. _(940) 382-3124
COMPANY IS:
AUTHOR[ PRESEN VE:
Signature
Date
October 18, 2007
Name
Robert W. ]ones, Jr.
Title
President
Fax No.
(940) 566-2176
Email
iandjconst@charter.net
Business included in a Corporate Income Tax Return? X Yes No
X Corporation organized & existing under the laws of the State of Texas
- Partnership consisting of
- Individual trading as,
- Principal offices are in the city of
" 00300 - 5
FOR DISADVANTAGED BUSINESS ENTERPRISES ONLY
Disadvantaged Business Enter
prises (DBE) are encouraged to participate in the City of Denton's bid
process. The Purchasing Department will provide additional clarification of specifications, assistance
with Bid Proposal Forms, and further explanation of bidding procedures to those DBEs who request it.
Representatives from DBE companies should identify themselves as such and submit a copy of the
Certification.
The City recognizes the certifications of the State of Texas Building and Procurement Commission HUB
Program. All companies seeking information concerning DBE certification are urged to contact.
State of Texas HUB Program
Texas Building and Procurement Commission
PO Box 13047
Austin, TX 78711-3047
(512) 463-5872
If your company is already certified, attach a copy of your certification to this form and return with bid
COMPANY NAME:
REPRESENTATIVE:
ADDRESS:
CITY, STATE, ZIP:
TELEPHONE NO.
FAX NO.
Indicate all that apply:
Minority-Owned Business Enterprise
women-Owned Business Enterprise
Disadvantaged Business Enterprise
00400 - 4
BID BOND
The undersigned Bidder hereby declares that he has visited the site of the work and has carefully
examined the Contract Documents pertaining to the work covered by the above bid, and he further
agrees to commence work within ten (10) days after the date of written notice to do so, and to have
100% of the work on which he has bid complete within consecutive calendar days.
Enclosed with this proposal is a Certified Check for five percent of the Bid or a BID Bond in the sum of
five percent of the Bid, which it is agreed shall be collected and retained by the Owner as liquidated
damages in the event this proposal is accepted by the Owner within ninety (90) days after the bids are
received and the undersigned fails to execute the contract and the required bond for the Owner within
ten (10) days after the date said proposal Is accepted, otherwise, said check or bond shall be returned
to the undersigned upon request.
Contractor (Firm Name) Jones,& Jeffery Construction Co., Inc.
By: Robert W. Jones, Jr
Title: President "
(Presiden VVice-President)
Address 3801 E. McKinney - Denton, Texas 76208
Phone
(940) 382-3124
Fax
(940) 566-2176
Email
jandjconst@charter.net
. ~a
00400 - 6
Certification Affidavit
i
1. Name of Firm Jones & Jeffery Construction Company, Inc.
2. Mailing Address 3801 E. McKinney - Denton, Texas 76208 I
i
Street Address 3801 E. McKinney - Denton, Texas 76208
3. Phone (940) 382-3124 Fax (940) 566-2176
Contact Robert (Bobby) W. ]ones, Jr. Title President
Tax ID Number 1751364807500
4. Indicate whether firm is sole proprietorship, partnership, joint venture, corporation or
other business entity (please specify)
Corporation
5. How many years has the firm been in business 36 Years _
Date business established under current ownership 1971 "
Indicate if: ( ).Partnership 00 Corporation ( ) Sole Owner
If a partnership, list names and addresses of partners:
If corporation, indicate state in which corporation was organized and is existing:
Texas
Principal Stockholders: (Name and Address) and authorized to sign contractual
matters: Robert W. Jones, ]r.
1824 S. Bonnie Brae
Denton, Texas 76207
004DO - 8
6. Company, Client References (Company Name, Contact, Person, Street, Address,
City, State, Zip, Telephone)
University of North Texas - Had Saber - P. 0. Box 311040 - Denton, TX 76203 - (940) 367-3009
Denton I.S.D. - Glen Martin - 230 N. Mayhill - Denton, TX 76208 - (940) 369-0200
City of Denton - Bob Ticimer - 321E MclOnney - Denton TX 76201 - (940) 349-8275
7. Does your firm share any resource (office facilities, storage space, equipment,
personnel with other firms or individuals)?
NO
8. Name of Bonding Company, If any:_SureTec Insurance Company
Bonding Limit $750,000.00
Sources of Letters of Credit, if any Compass Bank Letter of Credit $100,000.00
9. Are you authorized to do business in the State as well as locally, including all
business licenses? X Yes No
10. Provide name of licensed individual(s) and type of license, (submit copies of license(s) with
application)
00400 - 9
AFFIDAVIT
"The undersigned swears that the foregoing statements are true and correct and include all material
information necessary to identify and explain the operations of _Jones & Jeffery Cont. CO.; Inc.
(name of firm) as well as the ownership thereof.
Name: Robert W. Jones, Jr. 0
Signature.
Title: President
Date: October 18, 2007
Corporate Seal (where appropriate)
Date: October 18, 2007 State of. Texas County of: Denton
On this 18th day of October. 20 07 before me appeared (Name)
Robert W. Jones, Jr. to me personally know, who being duty sworn, did
execute the forging affidavit, and did state that he or she was properly authorized by (Name of
Firm) Jones & Jeffery Construction Company, Inc.
to execute the affidavit
and did so as his or her free act deed.
-
'
`
JACEE N. BOIAND
,
~
Notary Public, State of Texas
'
+
'
My Commission Expires
;',~t„;~
(Sea
September ld, 2DD8
Notary Public
Commission expires
00400 - 10
SAFETY RECORD QUESTIONNAIRE
(Must Be Submitted With Bid Submittal)
The City of Denton desires to avail itself of the benefits of Section 252.0435 of the Local Government
Code, and consider the safety records of potential contractors prior to awarding bids on City contracts.
Pursuant to Section 252.0435 of the Local Government Code, the City of Denton has adopted the
following written definition and criteria for accurately determining the safety record of a bidder prior to
awarding bids on City contracts.
The definition and criteria for determining the safety record of a bidder for this consideration shall be
The City of Denton shall consider the safety record of the bidders In determining the
responsibility thereof. The City may consider any incidence involving worker safety or safety of
the citizens of the City of Denton, be it related or caused by environmental, mechanical,
operational, supervision or any other cause or factor. Specifically, the City may consider,
among other things:
a. Complaints to, or final orders entered by, the Occupational Safety and Health
Review Commission (OSHRC), against the bidder for violations of OSHA
regulations within the past three (3) years.
b. Citations (as defined below) from an Environmental Protection Agency (as
defined below) for violations within the past five (5) years. Environmental
Protection Agencies include, but are not necessarily limited to, the U.S. Army
Corps of Engineers (USACOE), the U.S. Fish and Wildlife Service (USFWS),
the Environmental Protection Agency (EPA), the Texas Commission on
Environmental Quality (TCEQ), the Texas Natural Resource Conservation
Commission (TNRCC) (predecessor to the TCEQ), the Texas Department of
Health (TDH), the Texas Parks and Wildlife Department (TPWD), the Structural
Pest Control Board (SPCB), agencies of local governments responsible for
enforcing environmental protection or worker safety related laws or regulations,
and similar regulatory -agencies of other states of the United States. Citations
include notices of violation, notices of enforcement, suspensionlrevocations of
state or federal licenses or registrations, fines assessed, pending criminal
complaints, indictments, or convictions, administrative orders, draft orders, final
orders, and judicial final judgments.
C. Convictions of a criminal offense within the past ten (10) years, which resulted
in bodily harm or death.
d. Any other safety related matter deemed by the City Council to be material in
determining the responsibility of the bidder and his or her ability to perform the
services or goods required by the bid documents in a safe environment, both for
the workers and other employees of bidder and the citizens of the City of
Denton.
00400 - 12
In order to obtain proper information from bidders so that City of Denton may consider the safety
records of potential contractors prior to awarding bids on City contracts, City of Denton requires that
bidders answer the following three (3) questions and submit them with their bids:
QUESTION ONE
Has the bidder, or the firm, corporation, partnership, or institution represented by the bidder, or anyone
acting for such firm, corporation, partnership or institution, received citations for violations of OSHA
within the past three (3) years?
YES NO -X
If the bidder has indicated YES for question number one above, the bidder must provide to City of
Denton, with its bid submission, the following information with respect to each such citation:
Date of offense, location of establishment inspected, category of offense, final disposition of offense, if
any, and penalty assessed.
QUESTION TWO
Has the bidder, or the firm, corporation, partnership, or institution represented by the bidder, or
anyone acting for such firm, corporation, partnership or institution, received citations for
violations of environmental protection laws or regulations, of any kind or type, within the past
five years? Citations include notice of violation, notice of enforcement, suspension/revocations
of state or federal licenses, or registrations, fines assessed, pending criminal complaints,
indictments, or convictions, administrative orders, draft orders, final orders, and judicial final
judgments.
YES NO_ _X
If the bidder has indicated YES for question number two above, the bidder must provide to City of
Denton, with_ifs.bid.submission, the following information with respect to each such conviction:.
Date of offense or occurrence, location where offense occurred, type of offense, final disposition of
offense, if any, and penalty assessed.
QUESTION THREE
Has the bidder, or the firm, corporation, partnership, or institution represented by bidder, or anyone
acting for such firm, corporation, partnership, or institution, ever been convicted, within the past ten (10)
years, of a criminal offense which resulted in serious bodily injury or death?
YES NO X
If the bidder has indicated YES for question number three above, the bidder must provide to City of
Denton, with its bid submission, the following information with respect to each such conviction:
Date of offense, 'location where offense occurred, type of offense, final disposition of offense, if any,
and penalty assessed.
00400-13
ACKNOWLEDGEMENT
THE STATE OF TEXAS
COUNTY OF DENTON
I certify that I have made no willful misrepresentations in this Questionnaire nor have 1 withheld
information in my statements and answers to questions. I am aware that the information given by me in
this questionnaire will be investigated, with my full permission, and that any misrepresentations or
omissions may cause my bid to be rejected.
Signature v U
Robert W. Jones, Jr.
President
Title
n°'° 00400 - 14
VENDOR REFERENCES
Please list three (3) Government references, other than the City of Denton, who can verify the quality of
service your company provides. The City prefers customers of similar size and scope of work to this bid.
REFERENCE ONE
GOVERNMENT/COMPANY NAME: Denton Independent School District
LOCATION: 230 N. Mayhill - Denton, Texas 76208
CONTACT PERSON AND TITLE: Glen Martin
TELEPHONE NUMBER: (940) 369-0200
SCOPE OF WORK: General Construction Including Division 2 - Site Work and Division 3 - Concrete
CONTRACT PERIOD: Various
REFERENCE TWO
GOVERNMENT/COMPANY NAME: University of North Texas
LOCATION: P. O. Box 311040 - Denton, Texas 76203
CONTACT PERSON AND TITLE: Charles Jackson - Director Hani Saber - Management & Construction
TELEPHONE NUMBER: (940) 565-3990 (940) 367-3009
SCOPE OF WORK: General Construction, Including Division 2 - Site Work and-Division 3 Concr
CONTRACT PERIOD: Various and On-Going
REFERENCE THREE
GOVERNMENT/COMPANY NAME: Town of Flower Mound
LOCATION: 2121 Cross Timbers Road - Flower Mound, Texas 75028
CONTACT PERSON AND TITLE: Krista Happel
TELEPHONE NUMBER: (972) 874-6312
SCOPE OF WORK: General Construction - Hike & Bike Trails
CONTRACT PERIOD: 2003
00400 - 16