2002-357FILE REFERENCE FORM [ 2002-357 ]
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Change Order No. 1 - Ordinance No. 2003-001 01/07/03
ORDINANCE NO. ~'~-d,_0--7
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS
CONTRACT FOR THE CONSTRUCTION OF PARKING LOT IMPROVEMENTS TO EVERS
PARK; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING
AN EFFECTIVE DATE (BID 2900-EVERS PARK PARKING LOT IMPROVEMENT PROJECT-
PHASE IV AWARDED TO JONES AND JEFFERY CONSTRUCTION CO., INC. IN THE
AMOUNT OF $718,529).
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. That the following competitive bids for the construction of public works or
improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on
file in the Office of the City's Purchasing Agent filed accord'mg to the bid number assigned hereto,
are hereby accepted and approved as being the lowest responsible bids:
BID
NUMBER
2900
CONTRACTOR
Jones andJeffe~ ConstrucfionCo.,~c.
AMOUNT
$718,529
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 of a written contract
and furnishing o fperformance 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 thc 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. That this ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the Or~/ dayof (~.2002
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
AP )VED AS TO LEGAL FORM:
BID # 2900 Attachment 1
DATE: 10/15/02
EVERS PARK PARKING LOT IMPROVEMENT PRO]ECT
VENDOR VENDOR VENDOR VENDOR,
Dean
]ones & Ieffery Calvert Paving Reliable Paving Construction
Principle Place of Business: Denton, TX :Denton, TX ~Argyle, ;TX . Argyle, TX
TOTAL BASE B~D $451,553.00 $451,653.00 $514,707.00 $577,000.00
'YES YES YES YES
CONTRACT AGREEMENT
STATE OF TEXAS
§ COUNTY OF DENTON §
THIS AGREEMENT, made and entered into this
A.D., 2002, by and between City of Denton
and State of Texas, acting through
hereinafter termed "OWNER," and
5th day of November
of the County of Denton
Michael A. Conduff thereunto duly authorized so to do,
Jones & Jeffery Construction Company, Inc.
3801 McKirmey Street
Denton, TX 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 2900 - Evers Park Parking Lot Improvements
in the amount of $718,529.00 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 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 thc 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:
BY:
City of Denton / '
Jones & Jeffer¥ Const. Co,,
CONTRACTOR
3801 E. McKinney
Denton. Texas 76208
APPROVED AS TO FORM:
C~TY ATTORNEY
MAILINGADDRESS
(940) 382-3124
PHONENUMBER
(940) 566-2176
FAX NLrMBER
Robert W. Jones, Jr.
PRINTED NANfl~
CA- 3
PERFORMANCE BOND
STATE OF TEXAS
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS: That Jones & Jeffery Construction
Company, Inc. whose address is 3801 McKinney Street, Denton, TX 76208
hereinafter called Principal, and [SITz~m/,v/)z~ ~ntTv (2t~£t° , a corporation
organized and existing under the laws of the State of T-~ x~ , 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 exist'mg under the laws of the State of Texas,
hereinai%r called Owner, in the penal sum of Seven Hundred Eighteen Thousand, Five Hundred
Twenty Nine DOLLARS ($718,529.00) 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 2002- 357 , with the City of
Denton, the Owner, dated the 5th .day of November A.D. 2002, a copy of which is hereto
attached and made a part hereof, for Bid 2900 Evers Park Parking Lot Improvements
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 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 tiffs
obligation shall be void; otherwise, it shall remain in full force and effect.
PB - 1
PROVII)ED 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.
1N WITNESS WHEREOF, this instrument is executed in 4 copies, each one of which shall
be deemed an original, this the 5~ day of November, 200~2.
ATTEST: PRINCIPAL
BY:
SE ¢Ak
ATTEST:
SURETY
BY:
ATTORIqEY-IIq-F^CT
The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the
process is:
(NOTE: Date of Performance Bond must be date of Contract. I/Resident Agent is not a corporation, give a
person's name.)
PB - 2
PAYMENT BOND
STATE OF TEXAS
COUNTY OFDENTON §
KNOW ALL MEN BY THESE PRESENTS: That Jones & Jeffery Construction Company,
Inc., whose address is 3801 McKinney Street, Denton, Texas 76208,
hereinafter called Principal, and ~_JT~ff}/AI~Z~-< ~,soq~',~r',/ ~0£/° , a corporation
organized and existing under the laws of the State of -f-~ ~(r~' , and fully authorized to
transact business in the State of Texas, as Surety, are held and fa-rely 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, finns, and corporations who may furnish materials
for, or perform labor upon, the building or improvements hereinafter referred to, in the penal sum of
Seven Hundred Eighteen Thousand, Five Hundred Twenty Nine
DOLLARS ($718,529.00) 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 2002- 357 , with the City of
Denton,.the Owner, dated the 5th day of November A.D. 2002 , a copy of which is hereto
attached and made a part hereof, for Bid 2900 - Evers Park Parldng Lot Improvements.
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
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, Vernoffs 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 5m day of November, 2002.
ATTEST: PRINCIPAL
BY:
ATTEST: SURETY
BY:
The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the
process is:
STREET ADDRESS: .D-'//? /'"-.*~6-/x~/ ,0,-~"t-,/T/)A~/ 7-7K
(NOTE: Date of Payment Bond must be date of Contract. If Resident Agent is not a corporation,
give a person's name.)
PB - 4
CITY OF DENTON
INSURANCE REQUIREMENTS FOR CONTRACTORS
Bidder's attention is directed to the insurance requirements below. It is highly recommended that
bidders confer with their respective insurance carriers or brokers to determine in advance of Bid
submission the availability of insurance cert~cates 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 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 shah 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 _.
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, claira administration and defense expenses.
Liability policies shall be endorsed to provide the following:
oo Name as additional insured the City of Denton, its Officials, Agents, Employees
and volunteers.
That such insurance is pr/mary 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
hmit of liability.
All policies shall be endorsed to read:
"SAID POLICY SHALL NOT BE CANCELLED, NONRENEWED OR
MMTERIALLY 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 mmual 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.
SPEC~IC ADDITIONAL INSURANCE REQUIREMENTS:
All insurance policies proposed or obtained in satisfaction of this Contract shall additionally comply
with the following marked specifications, and shall be maintained in compliance with these
additional specifications throughout the duration of the Contract, or longer, if so noted:
[x]
A. General Liability Insurance:
General Liability insurance with combined single limits of not less than $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) coveting this
contract, personal injury liability and broad form property damage liability.
[X] 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.
[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 ali 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 role 28TAC 110.110 of the Texas Worker's Compensation
Commission (TWCC).
[]
[1
Owner's and Contractor's Protective Liability Insurance
The Contractor shall obta'm, 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 hability 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 requked.
[]
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.
ATTACHMENT1
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 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 provid'mg 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 carders,
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 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 project.
The Contractor must provide a certificate of coverage to the governmental entity prior
to being awarded the contract.
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.
The contractor shall obtain from each person providing services on a project, and
provide to the governmental entity:
0)
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 dehvery, 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 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 o f its employees
providing services on the project, for the duration of the project;
(2)
provide to the contractor, prior to that person be~nning 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 sm'vices on
the proj eot; 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.
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.
-, ~N 003,00 -- Proposal (Bid) Form
T me: 2:p.m.
Date: October 15, 2002
To:
Purchasing Agent
City of Denton, Texas
901-B Texas Street
.Denton, Texas 76201
Gentlemen:
The undersigned having examined the Contract Documents entitled:
Evers Park Parking Lot Improvement Project Bid #2900
And having visited the Site of th'e proposed construction, and havi'ng familiarized himself witl~ the local
conditions affecting the cost of the work~ and with all addenda to the said documents; her...eby proPOsed
'[o. furfiish 'all supervision 'labor; materials, equipment, tools, and accessories and to do all work in
accordance with said docu'ments and addenda thereto for.the stipulated sum of:
· Four Hundred Fifty One Thousand .~., ... ($- 451 ,553.00
:~ive" HUndred Fifty Three & 00/10:0 ...... Doll'ars
Total Materials IncOrporated into the Proiect* $ 2~6,000,00
Total Labor, supervision and Materials Not Incorporated into the Project* $ 225,553.00
.* The total of these two lines must equal the Base Bid cost.
ALTERNATEs:
Alternate #1 -; Add - Construct the concrete parking on .the west end of the nodh parking lot in.
compliance wiih the plans and specifications.
Twenty Seven Thousand
Five· Hundred Fifty.· Three & 00/1 00 ...... Dollars ($ 27
Total Materials Incorporated into the Project* $1 4 r 000.00
Total Labor, Supervision and Materials Not Incorporated into the Project* $1 '~ ~ 55'~ _ 00
* The total of these two lines must equal the Alternate #1 cost.
Alternate #2 -- Add - Construct the additional bays of concrete parking on the southside of the north
.,parking. lot
Five Thousand Seven Hundred Fifty Three--D011ars($ 5,753.00 )
Total Materials Incorporated into the Project* $ 2. 900 ~ 00
_Tota Labor, Supervision and Materials Not Incorporated into the Project* ~
* The total of these two lines must equal the Alternate #2 cost.
?'Mendum: No. 10/11/02
Addendum No.
Addendum NO. " Addendum No.
The undersigned bidder hereby declares that he has visited the 'site of the work and has carefully
..~xa~nined.the .Contract Documents pertaining to the work covered by the above bid, and he further
agrees to commence Wo¢k within ten (10) days after date of written notice to proceed and to
substantiallycomplete the work on which he has bid within as per p'lans & specifications
Consecutive calendar days subject to such extensions of time allowed by specifications.
The undersigned bidder agrees that his bid shall be good and may not be withdrawn for a period of 60
calendar days after the scheduled closing time for receiving bids.
The undersigned bidder understands that the Owner reserves the right to reject any or all bids and to
waive any informalities in the bidding.
BID GUARANTY:
EncloSed with this Bid is a Certified Check for:
or a Bid Bond in the sum of'
Five Percent of Bid
Dollars ($
Dollars'($ 5%
of Bid
which it is agreed shall be collected and retained by the Owner as liquidated damages in ~he 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 (10) days after the date
said Bid is accepted: Otherwise said check or bond shall be returned to the undersigned Upon demand.
Jones & .Jeffery Const. Co., Inc~
Contractor (firm name)
t ri 'g Robert W.
President'
Jones, Jr.
Title
Address
3801 E. McKinney
Denton, Texas 76208
(Ifcorporation, attest and afix
a Corporate Seal)
City, State, Zip Code
Telephone
(940) 382-3124
Fax-(940) 566-2176
(End of Section)
Alternate #3 -- Add - Construct the specialized pavement at the north plaza entry walkway as
delineated, in compliance with the plans and specifications.
Four Thousand Nine Hundred Fifteen & 00/l~llars($ 4,'915.00 )
Total Materials Incorporated into the P~oiect* $ 2 ~ 500.00
Total Labor, Supervision and Materials Not Incorporated into the Proiect* $ 2 .. 41 5 _ o0
* The total of these two I!nes must equal the Alternate #3 cost.
Alternate #4 -- Add - Construct the playground walkways from the Field 10 and 11 parking lot to the
playground and from'the fence south of the central parking lot to the playgi'ound, in compliance w!th the
plans and specifications.
Seven Thousand. Four .-~{undred Sixteen & '00/Dolla'rs ($ 7,416.. 00 )
Total Materials Incorporated into the Proiect*. $ q · 7~'ln ~ :' .
Total Labor; Supervision and Materials Not Incorporated into the Proiect* $ '3.71 6.00
The total of these two lines.must equal the Aiternate ~-4 cost.
Alternate #5 --Add - ConstruCt the concrete parking bay to the north side of the central parking lot and
all associated miscellaneous construction, in compliance with the plans and specifications.
One Hundred Twenty. Five Thousan~ ..
Three Hundred Fifteen & 00/100 ........ '2 Dollars ($125.315.00 )
Total Materials Incorporated into the Proiect* $ 63,000.00
Total Labor, Supervision and Materials Not Incorporated into the Proiect* $ 62,315.00.
* The total of these two lineS must equal the Alternate #5 cost.
Alternate #6 --Add - Furnish and install the landscape plant materials for the northem parking lot also
including the landscaping for the alternate #1 and #2 parking lots, in compliance with the plans and
specifications
Eighteen Thousand
Five Hundred Thirty Four & 00/100 ....... D011ars ($ 18,534.00 )
Total Materials Incorporated into the Proiect* $ 9,300.00
Total
I Labor, ~Supervisi0n and Materials Not Incorporated into the Project* $ 9,234.00
* The total of these two lines must equal the Alternate #6 cost.
A ternate #? -- Add - Furnish. and install the irrigation for the northern parking lot in compliance with
the plans and specifications.
Twelve Thousand Forty Five & 00/100 .... Dollars ($~ 12,045.00
Total Materials f%q:orporated into the Proiect* $ 6,000.00
Total Labor, Sup'ervision and Materials Not Incorporated into the Proiect* $ 6,045.00
* The total of these two lines must equal the Alternate #7 cost.
Alternate.#8 -- Add - Furnish and install the plant materials for the central lot, Field 10 and 11' lot and
the T-Ball' lot also including the landscaping for the alternate #5 parking lot, in compliance ~vith the
plans and specifications..
Forty One Thousand
· Seven Hundred· Fifty Four & 00/100--'i .... Dollars.($ 41,754.00 )
Total Materials Incorporated into the Proiect* $ 21,000.00
Total Labor, Supervision and Materials Not Incorporated in~o the Proiect* ~ZjZ~.5~_J3~
* The total of these tWO lines must equal the Alternate #8 cost. ". '
Alternate #9 -- Add - Furnish and install the irrigation for the central lot. Field 10 and 11 lot and the T-
Ball lot in compliance with the plans and specifications.
Eighteen Thousand
Eight Hundred Sixty Five & 00/100 ...... ,Do]lars($ 18,865.00,· )
Total Materials Incorporated into the Proiect* $ 9,500 .' oo
Total Labor, SuPervision and Materials'Not Incorporated into the Proiect* $ 9~ 365.00
;~ The total of these two lines must equal the Alternate #9 cost. ·
Alternate #10 .~ Add - Furnish and install the irrigation for the north parking lot including.the base bid
parking iot irrigation as adjusted and the irrigation at the Alternate #1 and #2 parking lots.
. Fourteen Thousand ·
Seven Hundred Fifty Eiqht & 00/100 ..... Dollars ($ 14,758.00
Total Materials. Incorporated into the Proiect* $ 7,400.00
Total Labor, Supervision and Materials Not Incorporated into the Proiect* $ 7.358.00
* The total of these two lines must equal the Alternate #10 cost.
A~ternate#11~~Add-FurnishandinstaI~theirrigati~nf~¢thecentra~t~e~d1~and11I~tandtheT-
BalllotasadjustedandtheirrigationattheAIternate#5parkinglot
Twenty ~housand
Nine Hundred Seventy Eight & 00/100 .... Dollars($ 20,978.00 )
Total Materials Incorporated into the Proiect* $ 10. 500.00
Total Labor, Supervision and Materials Not Incorporated into the Proiect* $ 10 ,'478,00
* The total of these two lines must equal the Aitemate #11 cost.
Alternate #12 - I~it~,~ or Add (Circle One)- Furnish and install asphalt pavement on a six inch lime
or cement treated base in lieu of the base bid concrete parking lot at the north parking lot. in
compliance with the plans and specifications.
Five Thousand· & 00/100 Dollars ($ .~;0N0 nn
Total Materials Incorporated into the Project* $ 2,500.00
Total Labor, Supervision and Materials Not incorporated into the Proiect*$ 7., ~nn nn
* The total of these two lines must equal the Alternate #12 cost. · ·
Alternate #~13- a~[~o~t~r Add (Circle One)- Furnish and ins.tall asphalt pavement on a six inch lime
or cement treated base'in lieu of the base bid concrete parking lot at the central lot, Field 10 and 11 lot
and the T~Ball lot, in compliance with the plans and specifications. '
Five Thousand & 00/100 ...... "-- ...... -Dollars($ 5,000.00 )
Total Materials incorporated into the Proiect* ' $ 2,500,0'0
Total Labor, Supervision and Materials Not IncoCporated into the Proiect*~
* The total of these two lines must equal the Alternate #13 cost.
UNIT PRICES:
The undersigned agrees that the following unit prices will apply to adjust quantities Of materials
indicated on d[aWings. 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's Representativel 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 &tNSTALL):
6" Asphaltic Pavement
5" Asphaltic paVement
6" Depth Cement Stabilized Subgrade
6" Depth Lime Stabilized Subgrade
5" thick 3000 PSI concrete paving
6' Wide x 5" Depth concrete Walkway
6" thick 3000 PSI concrete paving
6" Depth Compacted Subgrade
12.65 Dollars per S.E.
12.65 Dollars per S.F.
4.50 Doliam per S.Y.
4.50 Dollars per S.Y.
2.60 Dollars per S.F.
17:. 50 Dollars per L.F.
2,75 Dollars per S.F.
6,00 Do!lars per S.Y.
Y
'EAR"~HWORK & DRAINAGE (FURNISH & INSTALL):
Cut, Transport &Piace On-site S0il
Import and Place Off-site Soil
Export and Dispose On-site Soil
· 8.75
4.50
Dollars per C.Y.
'Dollars per C.Y.
Dollars per C.Y.
Oontroller - 24 Station vt'pedestal
Controller - 16 Station ,,~'pedestal
Quick Coupler Valve with Box
~," Pop-up Spray Head
PoP-Up Rotor FC
Pop-up Rotor P/C
Station Valve
2 1/2" Bronze Gate Valve with Box
2'.' Bronze Gate Valve with Box
1 1/2" Bronze Gate Valve with Box
1" Bronze Gate Valve With BOX
2~" inch pipe
2 inch pipe
1~" inch pipe ' ·
1 ¼" inch pipe
1 inch pipe
%" pipe
~" inch pipe
PLANT MATERIALS (FURNISH & INSTALL)
2" Caliper, Container Grovm Texas Ash
2" Caliper, Container Growa Chinkapin Oak
2" Caliper, Container~X:~uk
Oklahoma Redbud
·137.50
121 .00 .
797.5Q
671.00
60.50
38:50
99.0'0
99.0'o'
357.50
104_'50
82_5n
2.75
2.31
I .98
I .82
1 .49
1 .16
.94
Dollars each
Dollars each
Dollars each
Dollars each
Dollars each
Doli'ars each
Dollars each
Dollars each
Dollars each
Dollars' each
Dollars each
Dollars per L.F:
Dollars per LF.
Do'liars per LF.
Dollars per LF.
Dollars per LF.
Dollars per L.F.
Dollars per L.F.
165.00
lgR ~O
198,00
Dollars each
Dollars each
Dollars each
00300 - 5
SITE IRRIGATION COMPONENTS AS SPECIFIED ON PLAN (FURNISH AND INSTALL):
'2" Caliper, Container Grown .Live Oak
2" Caliper, Container Grown Bur Oak
198.00
198.00
Dollars each
Dollars each
1" Gallon Asian Jasmine
Ryerson Steel Edging
Bed Preparation
3.30
I .65
.06
Dollars each
Dollars per' L.F.
Dollars per S.F.
DRAINAGE COMPONENTS (FURNISH:AND INSTALL):
4'-16" wde concrete flume
8"- 15" Rock RiP-Rap" ~
30" PCP x 65L. F w/Type C Headwalls.
TURF COMPONENTS (FURNISH AND .INSTALL):
Common Bermuda solid.sod ~ ·
Staked Common Bermuda solid sod
Drill Seeded Common,Bermuda Grass
Hyrdromulched· Common Bermuda .Grass.
,Drill seeded rye grass. '
Broadcast seeded rye grass
EROSION CONTROL (FURNISH AND INSTALL):
· Perimeter: Siltation Barrier
Swale Siltation Fabric Barrier ·
18.oo"
30.00
Dollars per L.F.
Dollars per C.Y.
3~500.00
Dollars each
2 .'75 '
2:. 86
1;60
'55
'1 . 1.0-
2.50
Dollars per S.Y.
Dollars per S.Y.
'Dollars per S.Y.
Dollars per S.Y.
'D011ars' Per.S.Y.'
Dollars pe~' S.Y.
2.50
Dollars per L.F.
Dollars per L.F.
Stabilized Construction Entrance
750.00 Dollars each
Staked Erosion Control Matt ng
Inlet projection·
2.'20
7,'500.00
Dollars per S.Y.
Dollars each
BIDDER understands the statements and Owner's objectives contained in SECTION 01010
Summary of Work. · ..
ADDENDA:
Acknowledge receipt of the following addenda which are part of the Bidding Documents by placing
Addendum #, Date issued and initialing:
00300 - 6
October 11, 2002
ADDENDUMNUMBER ONE
Evers Park- Perk ng Lot mprovements, Denton, Texas
To: All Contra~ Bidders.of Record
From: Dunkin Sims Stoffels, inc.
9603 White Ro~k Trail, Suite #210
Dallas, TX 75238
Ackhowledge recelp{ 0f th{s Addendum by including it with the submitted Proposal Form and
noting ~t's receipt In the space provided wlthtn the PropoSal Form. Failure to do so may
subject bidder to disqualification. This ·addendum forms a part of the Contract Documents
end modifies, amends, deletes and/or adds to the Drawings and Project manuel as follows:
Item ~
Item #2
Item #3:
item #4:
Item
All cons'eta' shall be 3,000 psi 5 saok conarete, disregard 4,000 psi concrete
Indloatsd on some details, '
When movlng the existing light poles· and making other adjustments to the
existing electrical the Contractor will not be required to install new eJeotrloal
feeds. Instead the ContraCtor shall provide and install'traffi~ rated Junction boxes
in the concrete at tho existing termination of the lines and run new electrical Ilnas
to the proposed 10oations of the elements. Electrical work shall be done In
compliance with all national, state and local codes.
The thickness of the concrete for the Alternate #5 parking lot ehal[ be the same
as the Other parking lots; 5' thick In the parking bays and 6" thick In the
driveways. The hatch shown-on sheet SL-10 simply delineates the limits for the
Attemate #5 parking, lot:
.Nternete g3 clarification; reference attached Exhibit 'A' 'for additional information
about A~ternate ~3 - "Pavement pattern at entry walkway."
The Contractor will be required to paint fire lanes within all parking lots, reference
attached Exhibit
Item #6: The Contractor will be required to paint the striping within the parking lots. Cost
for striping shall be placed inthe base bid, as well as. the respective alternates.
Item #7: Site Earthwork; Calcu{aticns Indicate that there will be excess cut from the
· · ~ '~--= no~hern~'parking.t0tY Tcf'avo{d'expo~(ing' ti~is rfi~erial ~rom the Site the foilowin'g
work shell be included in the bass bid: The Conlractor shall strip a6" depth of
topsoil from the area underlying the Alternate #5 parking lot. The stripped top soil
shall be stock plied on-site at a location determined by the Owner's
Representative.
The excess material from the northern parking lot shall then be.placed under the
Alternate #§ lot bringing the grades up to the subgrade elevations, If Alternate #5
is accepted the Concrete shell be poured on the fill, which· must be placed in
compliance with the apecific~ticns. 'The topsoil shall then be distributed around
the perimeter of the parking lot. If Alternate #$ is not accepted the Contractor
shell redistribute 1he removed topsail over the till material. All disturbed areas
shall be seeded In compliance'with the specifications.
END OF ADDENDUM #1
EVERS PARK - PARKING LOT IMPROVEMENTS.
CITY OF DENTON, TEXAS
Jones' & Jeffer¥ Const. Co.,
By Robert W. Jones, ~Jr~
Inc.
OLD REPUBLIC
Old Republic Surety Company
Old Republia Insurance Company
Bituminous Casualty Corporation
Bond #
BID BOND
The American Institute of Architects,
AIA Document No. A310 (February, 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 of5% OF BID
Dollars ($ ),
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, firmly by
these presents.
WltEREAS, the Principal has submitted a bid for Evers Park Parking lot improvement
NOW, TItEREFORE, 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 15 day of
October 2002
Witness
JONES & JEFFERY CONSTRUCTION CO., INC.
~l Pri~N~ ff'N
(Seal)
By:
/l~tuminous Casualty Corporation
/~ ~,$u~ty
(Seal)
ORSC 21328 (5/97)