2003-330ORDNANCE NO. O -3gR
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS
CONTRACT FOR THE CONSTRUCTION OF THE COOPER GLEN-MONTEREY OPEN
SPACE, PHOENIX PARK AND FRED MOORE PARK TRAILS PROJECT; PROVIDING FOR
THE EXPENDITURE OF FUNDS THEREFORE; AND PROVDING AN EFFECTIVE DATE
(BID 3081-COOPER GLEN-MONTEREY OPEN SPACE, PHOENIX PARK AND FRED MOORE
PARK TRAILS PROJECT AWARDED TO JONES AND JEFFERY CONSTRUCTION CO., INC.
IN THE AMOUNT OF $247,623).
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 COUNC1L OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. 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 Pumhasing Agent filed according to the bid number assigned hereto,
are hereby accepted and approved as being the lowest responsible bids:
BID
NUMBER
3081
CONTRACTOR
Jones and Jeffery, Inc.
AMOUNT
$247,623
SECTION 2. That the acceptance and approval of the above competitive bids shall not
constitute a contract between the City and the person submitting the bid for construction of such
public works or improvements herein accepted and approved, until such person shall comply with all
requirements specified in the Notice to Bidders including the timely execution ora written contract
and furnishing of performance and payment bonds, and insurance certificate after notification of the
award of the bid.
SECTION 3. That the City Manager is hereby authorized to execute all necessary written
contracts for the performance of the construction of the public works or improvements in accordance
with the bids accepted and approved herein, provided that such contracts are made in accordance
with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms,
conditions, plans and specifications, standards, quantities and specified sums contained therein.
SECTION 4. That upon acceptance and approval of the above competitive bids and the
execution o f 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. That this ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the //~//~ day of ~ ~. .2003.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY: Ld4
3-ORD-Bid 3081
CONTRACT AGREEMENT
STATE OF TEXAS
§ COUNTY OF DENTON §
THIS AGREEIVlENT, made and entered into this 7th day of October
A.D., 2003, by and between
City of Denton
of the County of Denton
and State of Texas, acting through Michael A. Conduff thereunto duly authorized so to do,
hereinafter termed 'iOV~XlER," and
Jones and Jeffery Construction Company, Inc.
3801 East McKinne¥ Street
Denton, Texas 76208
of the City of Denton
termed "CONTRACTOR."
, County of Denton
and State of Texas , hereinafter
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 3081 - Cooper Glen Monterey Open Space, Phoenix Park & Fred Moore Park Trails Proiects
in the amount of $ 247,623.00 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 the 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
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 fights, contractual or otherwise,
to any other person or entity.
Choice of Law and Venue
This agreement shall be governed by the law of the State of Texas and venue for its
construction and enfomement 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
IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the
year and day first above written.
ATTEST:
ATTEST:
City of Denton
· o.wy 5
(SE~)
' "dONTRACTOI~
APPROVED AS TO FORM:
CITY ATTORI~Y
MAILING ADDRESS
PHONE NUMBER
5¢t--
BY:~--~"~'q ~ '
qPee ~',~,,~r TITLE
PRINTED NAME
(SEAL)
CA - 3
PAYMENT BOND
STATB OF TEXAS
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS: That Jones and Jeffery Construction
Company, Inc., whose address is 3801 E. McKirmey Street
, hereinafter called Principal, and Bituminous Casualty CorD.~'/ , a corporation
organized and existing under the laws of the State of Texas , and fully authorized to
transact business in the State of Texas, as Surety, are held and firmly bound unto the City of
Denton, a 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
Two Hun.ch-ed Forty ,~ Seven Thousand, Six Hundred Twenty Three
DOLLARS'rS 247,623.00 Ot/m lawful money of the United States, to be paid in Denton, County,
Texas, for the payment o f 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 2003~- 330, with the City of
Denton, the Owner, dated the 7th day of October A.D. 2003 ~f,a copy of which is hereto
attached and made a part hereof, fo/r Bid 3081 - Cooper Glen Monterey Open Space, Phoenix &
Fred Moore Parks Trails Proiect.
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties and
make prompt payment to all persons, finns, 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
PROVIDBD 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 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 suretyship, as provided by Article 7.19-
1 of the Insurance Code, Vemon's Annotated Civil Statutes of the State of Texas.
IN WITNESS WHEREOF, this instrument is execu~d in _4 copies, each one of which shall
be deemed an original, this the 7th day of October, 2003.,-,/
ATTEST: PRINCIPAL
BY:
SECf T
PRESIDENT
ATTEST:
SURETY
The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the
process is:
STREET ADDRESS: .~
(NOTE: Date of Performance Bond must be date of Contract. If Resident Agent is not a corporation, give a
person's name.)
PB - 2
PERFORMANCE BOND
STATE OF TEXAS
COUNTY OF DENTON
KNOW ALL MEN BY THESE PRESENTS: That Jones & Jeffery Construction
Company, Inc. whose address is 3801 E. McKirme¥ Street, Denton, TX , herein
called Principle, and a corporation organized and existing under the laws of
the State of Texas , and fully authorized to transact business in the State of Texas,
as Surety, are held and firmly bound unto the City of Denton, a municipal corporation organized
and existing under the laws of the State of Texas, hereinafter called Owner, in the penal sum of
Two Hundred Forty Seven Thousand Six Hundred Twent~ Three DOLLARS ($ 247,623.00 )
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 2003-330 with the City of Denton,
theOwner, datedthe 7th dayof October A.D. 2003 ,acopyofwhichisheretoattachedand
made a part hereof, for Bid 3081 - Cooper Glen-Monterey Open Space, Phoenix & Fred Moore
Park Trails.
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 one (1) year 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 ail 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
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, Vemon'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 the 7th day of October, 2003.`./
ATTEST: PRINCIPAL
BY: c'-',,.~,-Cs,~a,,~ ' ~ ~/' '
PRESIDENT
ATTEST:
SURETY
BY:
AT~TT-R_K~YTIN-'~"AC T, 2[o..~n t _q
The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the
process is:
ST~ET~D~SS: ~o ~or~h ~- ~5; ~aa~: Tex~.q W~zo5
(NOTE: Date of Payment Bond must be date of Contract. If Resident Agent is not a corporation,
give a person's name.)
PB-4
oration , . ,~ >-~ ~ ~POWER
KNOW ALL MEN BY THESE PRESENTS: That BITUMINOUS CASUALTY CORPORATION,· an'lllli~ois
does make. constitute and appoint: ~',
JEFF P. KING, ~AMES E. KING,~'TRIS~ ARMSTRONG, OF DENTON, TX
ns [rue one lawful Attorney(s)-io-Faut. with full power and authority for and on behalf of the company as surety, to execute,and dehv. m
a seal ~s required), bendd, undertakiegs, recognizances or other ~ .dttan :pbligaUoes.ir the nature thereof, (sthe[ !Nan bail bonds
modgage goarant~ b~s, guarantees of r~stallment i~piJi' and:.note guaranty bends, self-insurance wi)h~ers'comoeseation bonds g
abatement contract bonds waste management bonds, hazardous wasth remedlation bOnds or black lung bonds), as thllows:
i;-.'ALL WR'ITTEN ;'INSTRUMENTS IN AN ,.AM~Q~N? NOT TQ EXCEED A~. AGGREGATE
.ONE: MI.LLION :DOLLARS(S1,000,000.)'----:~x--2~'~-x ....... ~--:~'- FOR ANY SIN. GLE.
OBLIGATION; REGARDLESS OF THE NUMBER OF :INSTRUMENTS ISSUED .FOR' THE
pre~ant~';ara
and to brad 81TUMINOUS CASUALTY CORPORATION thereby a~d all of the acts of said Attorneys-in-Fact pursuant to me,se
s not va d un ess pr nthd on co ored backgraend and s mult,enlorad. Tins appointment is made under and by autborlty of the board of dlrectom at a specml-moetleg
September 1, 1988, This Power of Attorney ~s;s~gnpd and sealed by facs~mde under and by the authority of the following reselutmus adopted.by the' board of.d~rectom'~of
BITUMINOUS CASUALTY CORPORATION on Seote~nber 1. 1988
RESOLVED FURTHER. ten[ rse chairman, nresident.'or any vlce-prasidant - surety, of the Corporation, in conjunction with the secretary or an)
Corooretien. be and hereby ore authorized one directed tc execute and deliver.'th such persons as such officers of the Comoreuen may osem'~
m ten form oresented to and attached to the minutes of this meeting, authorizing suen persons,m execu[e ano
recognizances, and suretyship obliganens of all kinds, omer man bait bonds. Dank deposdory OenOS. mcr[gage deficiency bond~ mortgage guaranty
iesthilment sneer one note guaranty, Der]ds. The said officers.may revoKe,any Power of Attorney prewens~y granted to eny sgcl~ person. Th~ authority..of~a?y.D_ow,.e~'.(
oi/icer of:the'Corenration as aforesaid shall not exceed five million.dollam '~5.000.O00.0DL e~cspt (~).bi~ds_ fequ~reo .re
granted
by
ano Iol ~]onds filed with eny enurt Or governmental authority requiring an unlimited penalty n bonds tiled in that court. , .. .
RESOLVED FURTHER that any bond, under!aking,' reeng[li~a, nce, or suretyship obligation shall be valid aad binding u~n the Corpoiation -'
(i) When signed b~/; ~e chairman, president or any ~ice president - surety, of the Corporation a~d attested ~nd sealeda<l (if. a'seal be'recuaeci).uy any
till wnen signed by a duly authorized aUorney-m-fact and sealed w. gh.tbo seal of the Corporation (if a seal is reoulrem.
RESOLVED FURTHER. that the signature of any officer designatea aanve, and me seal of the Cerooradon, may be a~xed o)
thereof authorizing the execution and delivery of any bend .undertaking,. recogmzance, or other suretyshi~ obligations of
so used shall have the same force and effect as though manually affixed.
IN WITNESS WHEREOF BITUMINOUS CASUALTY CORPORATION has caused mese presents to be signed:by
its corporate seal to be affixed this 12 T~ day of Arj~rJST 2 O O 3 ":- '"'
o~[~ BITUMINOUS CASUAETY CORP01~ATION
/,~- ..... .. ~, ~ ..-~. ~.~
STATE OF WISCONSIN. COUNTY OF WAUKESHA /
On this !2T~ day of !'~C~? '2003' , personally came before me. JAMES E. bEE-.
and 3AVID G. MENZEL to me known to be individuals and officers of the BITUMINOUS CASUALTY CORPORATION.who
' .~above instrument, and'they each acknowledged the execution of the same, and b~ing by me duly sworn .di_d se~)erally, depo~e'
~r* . ' ..they are the said officers of the corporation aforesaid, and that the seal' affixed to the above instrument is the seal of
' that said corporate seal and their signatures as such officers were duly affixed and subscribed to' the said instrument by: ~f~e_
::- i,. ~o~rd of directors o! ~id corporation:
:. ~' theuundei'sgned .secretary, of the BITUMIN6 )RATON 'an Illinois;-stock,'
. ,~-,the~.foregomg and attached, power of attorney ~not beer
,, board of d~rectors:set forth:in the . .:
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 hid opening, since the insurance requirements may not be modified or
waived after bid opening unless a written exception has been submitted with the bid. Contractor
shall not commence any work or deliver any material until he or she receives notification that the
contract has been accepted, approved, and signed by the 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 thc 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 SI-L4LL' 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 10
DAYS ADVANCE 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 REQUIKEMENTS:
All insurance policies proposed or obtained in satisfaction of this Contract shall additionally comply
with the following marked specifications, and shall be maintained in compliance with these
additional specifications throughout the duration of the Contract, or longer, if so noted:
IX] A. General Liability Insurance:
ix]
General Liability insurance with combined single I/mits 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 Liabihty 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.
Automobile Liability 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.
IX] 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 b y 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 C ode and rule 2 8TAC 1 10.110 o fthe 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
neghgent acts, errors or omissions in connection with professional services is required under
this Agreement.
[]
[]
Builders' Risk Insurance
Builders' Risk Insurance, o n a n A Il-Risk form for 1 00% o f t he completed value s hall b e
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.
ATTACHMENT 1
ix]
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 fi:om 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
hmitation, providing, hauling, or delivering equipment or materials, or provid'mg labor,
transportation, or other service related to a project. "Services" does not include
activities unrelated to the project, such as food/beverage vendors, office supply
deliveries, and delivery of portable toilets.
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 proj oct.
The Contractor must provide a certificate of coverage to the governmental entity prior
to being awarded the contract.
If t he c overage period sh own o n t he contractor's current certificate o f c overage 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.
The contractor shall obtain fi:om 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.
The contractor shall retain all required certificates of coverage for the duration of the
project and for one year thereafter.
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.
The contractor shall post on each p reject 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 requ'tred 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 ofc lassification codes and payroll
mounts 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 fi.om 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
Co)
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 t he certificates o f coverage t o b e provided t o t he
person for whom they are providing services.
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 mounts, 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.
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.
PROPOSAL (BID) FORM
Time: 2:p.m.
Date:
September 11, 2003
To:
Purchasing Agent
City of Denton, Texas
901-B Texas Street
Denton, Texas 76201
Gentlemen:
The undersigned having examined the Contract Documents entitled:
Cooper Glen-Monterey Open Space, Fred Moore Park, Phoenix Park Trail Project
Bid #3081 ..
And having visited the site of the proposed construction, and having familiarized himself with
the local conditions affecting the cost of the work, and with ali addenda to the said documents,
hereby proposed to furnish all supervision, labor, materials, equipment, tools, and accessories
and to do all work in accordance with said documents and addenda thereto for the stipulated sum
of:
TWO hundred forty saran ~-hnu~nfl ~iw ~2kO~X~t~($ 247,623.00 )
TotalBaseBid hundred twenty three & 00/100 Dollars
Total Materials Incorporated into the Project.
$ 147,623.00
Total Labor, Supervision and Materials Not Incorporated into the Proiect $ 1 00,000.00
UNIT PRICES:
The undersigned agrees that the following unit prices will apply to adjust quantities of materials
indicated on drawings. Prices are for materials finished and installed. It is further agreed that
the qffantities 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's Representative, 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 urdt prices are for addition or
deletion only.
Concrete Trail (Furnished and Installed):
5" thick 3000 PSI concrete trail w/reinforcing
Accessible Ramps
2_a5 per S.F
700.00 perEA
: ~3id Proposal Form (page 2 of 3)
Earthwork and Drainage (Furnish and Install):
Cut, Transport and Place Onsite Soil
Import and Place Off-Site Soil ~
18" Class III RCP Culvert
24" Class III RCP Culvert
30" Class III RCP-Culvert
36" Class III RCP Culvert
4' X 2' Box Culvert
57" X 38" Arched CMP
18" Safety End Treatment
57" X 38" Safety End Treatment
Concrete Sloped Headwall for 18" RCP Culvert
Concrete Sloped Headwall for 24" RCP Culvert
Concrete Sloped Headwall for 30" RCP Culvert
Concrete Sloped Headwall for 36" RCP Culvert
Concrete Flume Extension
Handrail
Turf Components (Furnish and Install):
Hydro mulch Common Bermuda seed
Common Bermuda Sod
Erosion Control (Furnished and Installed):
Perimeter Silt Fence or other sediment barrier
Stabilized Construction Exit
Rock Bemm
Traffic Components (Furnished and Installed):
Crosswalk Striping
Traffic Signs
$ 6.00 perC.Y.
$ 7.00 perC.Y
$ 50.00 perL.F
· $ 60.00 perL.F
$ 70_00 cer L.F
$ 10a:0o per L.F
$ 500,00 per L.F
$ 175_00 per L.F
$ 600.00 per L.F
$ 1,000,00 perL.F
$ 750.00 per EA.
$ 850'.00 per EA.
$ 9, C~0,00 per EA.
$ l f000.00 per EA.
$ 8,00 per S.F
$ 26.00:.. per L.F
$ ,10 per S.F.
$ 2,75 per S.F.
$ 1.35 per L.F
$ 750.00 perEA
$ - qnn.00 l;erEA
6.60 per L.F
425,00 per. EA
ADDENDA:
Acknowledge receipt of the following addenda which are part Of the Bidding Documents by
pi'acing Addendum #, Date issued and initialing:
Addeadum: No. Addendum No.
Addendum No. Addendum No.
Addendum No. Addendum No.
The undersigned bidder hereby declares that he has visited the site of the work and has carefully
examined the Contract Documents pertaining to the work covered by the above bid, and he
further agrees to commence work within ten (10) days after date of written notice to proceed and
to substantially complete the work on which he has bid within 1 50
consecutive calendar days subject to such extensions of time allowed by specifications.
Bid Proposal Form (page 3 of 3)
The undersigned bidder agrees that his bid shall be good and may not be withdrawn for a period
o£60 calendar days after the scheduled closing time for receiving bids.
The undersigned bidder understands that the Owner reserves the right to reject any or all bids and
to waive any informalities in the bidding.
BID GUARANTY:
Enclosed with this Bid is a Certified Check for:
Dollars ($. )
or a Bid Bond in the sum of
Five percent of the bid
Dollars($ 5%' of bid )
which it is agreed shall be collected and retained by the Owner as liquidated damages in the
event this Bid is accepted by the Owner within 60 days after the bids are received and the
undersigned fails to executed the Contract and the required Bonds with the said Owner within
ten (I0) days after the date said Bid is accepted: otherwise said check or bond shalI be returned
to the undersigned upon demand.
Jones & Jeffery Const. Co.,
Authorized Signature'~/~'~
Inc.
(If corporation, attest and affix
a Corporate Seal)
President
Title
Ad.ess 3801 E. McKinney
City, State, Zip Code Denton, Texas 76208
Telephone (940) 382-3124 Fax: (040)
,* OLD REPUBLIC
Old Republic Surety Company
Old Republic Insurance Company
. . * Bituminous Casualty Corporation
Bond ff.
BID BOND
The American Institute of Architects,
AIA Document No. A310 (Februa~, 1970 Edition)
KNOW ALL MEN BY THESE PRESENTS, that we Jones & Jeffery Construction Co., Inc.
as Principal, hereinafter called the Principal, and Bituminous Casualty Corporation
as Surety, hereinafter called the Surety, are held and firmly bound unto City of Denton
as Obligee, hereinafter called the Obligee, in the sum ofFive Percent of Greatest Amount Bid
Dollars ($ 5% GAB ),
for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind
ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, fn-mly by
these presents.
WHEREAS, the Principal has submitted a bid for Cooper Glen-Monterey Open Space, Phoenix Park,
Fred Moore Park Trails Project -- bid #3081
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into
a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as
may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful
performance of such Contract and for the prompt payment of labor and material furnished in the
prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such
bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof
between the amount specified in said bid and such larger amount for which the Obligee may in good
faith contract' with another party to perform the Work covered by said bid; then this obligation shall be
null and void, otherwise to remain in full force and effect.
Signed and sealed this 18th day of
September 2003
/ (~ Wi~ess
Jones & Jeffery Construction Co., Inc.
(Seal)
(Seal)
ORSC 21328 (5/97)
I}KNTON
MATERIALS MANAGEMENT DIVISION
90lB TEXAS STREET · DENTON, TEXAS 76201 · 940.349.7100 · DFW METRO 817.267.0042 · FAX 740.349.7302
December 12, 2003
Mr. Bobby Jones
Jones and Jeffery Construction Company
3801 E. McKinney Street
Denton, TX 76208
Dear Mr. Jones:
Please find enclosed your Contract Agreement for Bid 3081 - Cooper Glen Monterey
Open Space, Phoenix Park & Fred Moore Trails Project and Purchase Order 114042 in
the mount of $247,623.00.
Your point of contact for this project is Bob Tickner. He will be scheduling the pre-
construction meeting for rids project. If you have any questions, please contact Bob at
940-349-8275.
Sincerely,
Denise Harpool
Senior Buyer
Enclosures
Contract Agreement
Purchase Order- 114042
Cc: Bob Tickner, Parks & Recreation Department
"Dedicated to Quality Service"
uaow. cityofdenton.corn
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