2000-002 ORDINANCE NO ~0~) -D0~
AN ORDINANCE ACCEPTING COMPETITWE BIDS AND AWARDING i CONTACT FOR
THE PURCHASE OF BASEBALL BACKSTOPS AND FENCiNG, PROVIDiNG FOR THE
EXPENDITURE OF FUNDS THEREFOR AND PROVIDiNG AN EFFECTIVE DATE, (BID
2442-MACK PARK BASEBALL BACKSTOPS AND FENCING AWARDED TO J & J
CONSTRUCTION, INC IN THE AMOUNT OF $121,480)
WHEREAS, the Ctty has solicited, reemved and tabulated competitive bids for the
construction of pubhc works or improvements m 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 I That the following competltwe bids for the construction of public works or
improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on
file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto,
are hereby accepted and approved as being the lowest responsible bids
BID
NUMBER ~ AMOUNT
2442 J and J Construction, Inc $121,480
SECTION II That the acceptance and approval of the above competitive bids shall not
constitute a contract between the City and the person submitting the bid for construction of such
public works or ~mprovements 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 furmsNng of performance and payment bonds, and insurance certificate after
notification of the award of the bid
~ 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 hereto, provided that such contracts are made in accordance
with the Notme to Bidders and Bid Proposals, and documents relating thereto specifying the terms,
conditions, plans and specifications, standards, quantities and specified sums contmned therein
SECTION IV That upon acceptance and approval of the above competitive bids and the
execution of contracts for the pubhc works and improvements as authorized here~n, the City Council
hereby authorizes the expenditure of funds m the manner and in the mount as spemfied in such
approved bxds and authorized contracts executed pursuant thereto
SECTION V That ttus ordinance shall become effective immediately upon its passage and
approval
PASSED AND APPROVED th~s the 4~ day of ~. 2000
J~R
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
2442 - CONTRACTUAL ORDINANCE (1/00)
ATTACHMENT 1
TABULATION SHEET
Bid # 2442 Date _IZLgLg~
Mack Park Baseball F~eld Backstops and Fencing Improvements
Nol Qty I DESCRIPTION VENDOR VENDOR
',,'I ',,, , , ~ ~i J & J Construction DBR Construcbon
Base B~d $121,480 $129,975
1
Addendum #1 Yes Yes
Number of days work completed 90 Days 90 Days
Bid Bond Yes Yes
CONTRACT AGREEMENT
STATE OF TEXAS §
COUNTY OF DENTON §
THIS AGREEMENT, made and entered into this 4 day of JANUARY A D, 2000,
by and between CITY OF DENTON of the County of DENTON and State of
Texas, acting through MICHAEL W JEZ thereunto duly authorized so to do,
hereinafter termed "OWNER," and
J & J CONSTRUCTION, INC
3801 E MCKINNEY
DENTON. TX 76208
of the City of DENTON , County of DENTON and State of TEXAS,
hereinafter termed "CONTRACTOR"
WITNESSETH That for and 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 # 2442 - Mack Park Baseball Backstops and Fencing
in the amount of $121,480 and all extra work in connection therewith, under the terms as
stated in the General Condttmns 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 condmons and prices stated in the Proposal and the Performance
and Payment Bonds, attached hereto, and in accordance with all the General Cond~nons of the
Agreement, the Special Condmons, 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,
CA - 1
and the Specxfications therefore, as prepared by
all of which are referenced herein and made a part hereof and collectxvely evidence and
constitute the entire contract
Independent Status
It is mutually understood and agreed by and between Cxty and Contractor that
Contractor xs an independent contractor and shall not be deemed to be or considered an
employee of the City of Denton, Texas, for the purposes of xncome tax, w~thholdmg, social
security taxes, vacatton or sxck 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 tt is expressly understood that Contractor shall perform the serwces
hereunder according to the attached specifications at the general direct~on of the City Manager
of the City of Denton, Texas, or his designee under this agreement
Indemmficat~on
Contractor shall and does hereby agree to indemnify and hold harmless the City of
Denton from any and all damages, loss, or habthty of any kind whatsoever, by reason of injury
to property or third persons occasioned by any error, ormss~on or neghgent act of Contractor,
its officers, agents, employees, mvitees, and other persons for whom ~t ~s legally liable, with
regard to the performance of this Agreement, and Contractor will, at its cost and expense,
defend and protect the City of Denton against any and all such claims and demands
Chmce of Law and Venue
This agreement shall be governed by the law of the State of Texas and venue for ~ts
construction and enforcement shall lie m the courts of Denton County, Texas
The CONTRACTOR hereby agrees to commence work on or after the date established
for the start of work as set forth m written notice to commence work and complete all work
w~thm the tune stated m the Proposal, subject to such extensions of t~me as are prowded by the
General and Special Conditions
The OWNER agrees to pay the CONTRACTOR ~n current funds the price or prices
shown m the Proposal, which forms a part of th~s 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 th~s agreement
in the year and day first above written
OWNER
(SEAL)
ATTEST~~)
0 g O CONTRACTOR -
MAILING ADDRESS
PHONE NUMBER
APPROVED AS TO ~OR~ / P~NTED NAME
CITY ~RNEY
CA - 3
PERFORMANCE BOND
STATE OF TEXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS That J & J CONSTRUCTION, INC
whose address is 3801 E MCKINNEY, DENTON, TX 76208
hereinafter called Pnne~pal, and ~/7//119 /6t,f/.,/ ~ t/l f/~q~/9,cT~/ f D ~ t~
a corporation orgamzed and existing under the laws of the State of 3-~IQ~ , and
fully authorized to transact bus~ness m the State of Texas, as Surety, are held and firmly bound
unto the City of Denton, a municipal corporation organized and ex~st~ng under the laws of the
State of Texas, hereinafter called Owner, m the penal sum of ONE HUNDRED TWENTY
ONE THOUSAND FOUR HUNDRED EIGHTY and no/100--- DOLLARS ($ 121,480 ) plus
ten percent of the stated penal sum as an addmonal sum of money representing addmonal court
expenses, attorneys' fees, and hqmdated damages arxsmg out of or connected w~th the below
~dent~fled Contract, m lawful money of the Umted States, to be prod ~n Denton County, Texas,
for the payment of which sum well and truly to be made, we hereby brad ourselves, our heirs,
executors, adm~mstrators, successors, and assigns, jointly and severally, firmly by these
presents Th~s Bond shall automatxcally be increased by the amount of any Change Order or
Supplemental Agreement whtch increases the Contract price, but m no event shall a Change
Order or Supplemental Agreement whxch reduces the Contract price decrease the penal sum of
th~s Bond
THE OBLIGATION TO PAY SAME ~s condmoned as follows Whereas, the
Principal entered into a certain Contract, ~dentffied by Ordinance Number 2000-002 ,
w~th the C~ty of Denton, the Owner, dated the 4 day of JANUARY A D
2000, a copy of whmh ~s hereto attached and made a part hereof, for BID # 2442-MACK
PARK BASEBALL BACKSTOPS AND FENCING
NOW, THEREFORE, ~f the Prmmpal shall well, truly and fa~thfully perform and fulfill
all of the undertakings, covenants, terms, cond~ttons and agreements of smd Contract m
accordance w~th the Plans, Specfficat~ons and Contract Documents during the original term
thereof and any extension thereof which may be granted by the Owner, w~th or w~thout not,ce
to the Surety, and dunng the hfe of any guaranty or warranty reqmred under th~s Contract, and
shall also well and truly perform and fulfill all the undertakings, covenants, terms, conthttons
and agreements of any and all duly authorized modifications of smd Contract that may
hereafter be made, nottce of whmh modifications to the Surety being hereby wmved, and, ~f the
Principal shall repmr and/or replace all defects due to faulty matermls and workmanship that
appear wtthm a period of one (1) year from the date of final completion and final acceptance of
the Work by the Owner, and, ~f the Principal shall fully ~ndemmfy and save harmless the
Owner from all costs and damages which Owner may suffer by reason of failure to so perform
here~n and shall fully reimburse and repay Owner all outlay and expense which the Owner may
~ncur ~n making good any default or deficiency, then th~s obhgat~on shall be void, otherwise, ~t
shall remam m full force and effect
PB - 1
PROVIDED FURTHER, that ~f any legal actton be filed upon thts Bond, exclusive
venue shall he m Denton County, State of Texas
AND PROVIDED FURTHER, that the smd Surety, for value received, hereby
sUpulates and agrees that no change, extenston of tune, alterauon or addttmn to the terms of
the Contract, or to the Work to be performed thereunder, or to the Plans, SpecfficaUons,
Drawtngs, etc, accompanying the same, shall m anywise affect tts obhganon on th~s Bond,
and tt does hereby waive nonce of any such change, extenston of ttme, alteranon or addition to
the terms of the Contract, or to the Work to be performed thereunder, or to the Plans,
Spemhcat~ons, Drawings, etc
Th~s Bond ~s g~ven pursuant to the prowsxons of Chapter 2253 of the Texas
Government Code, as amended, and any other apphcable statutes of the State of Texas
The undersigned and designated agent ts hereby designated by the Surety heretn as the
Restdent Agent m Denton County to whom any reqmsxte nonces may be dehvered and on
whom serwce of process may be had m matters ansmg out of such suretyship, as provtded by
Artmle 7 19-1 of the Insurance Code, Vernon's Annotated Clvtl Statutes of the State of Texas
IN WITNESS WHEREOF, thts mstrument ts executed tn 4 coptes, each one of
which shall be deemed an ongmal, th~s the 4 day of JANUARY , 2000
ATTEST PRINCIPAL
PI~ESIDENT '
ATTEST SURETY
0 d~ ~ ATTORnEY~IN-FACT
The Resldent Agent of the Surety tn Denton County, Texas for dehvery of nottce and serwce
of the process ~s
NAME ~]q-/D ~?~4"~../p~Jt/~
STREET ADDRESS
(NOTE Date of Performance Bond must be date of Contract If Restdent Agent ts not a
corporation, gtve a person's name )
PB - 2
PAYMENT BOND
STATE OF TEXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS That J & J CONSTRUCTION, INC
whose address is 3801 E MCKINNEY, DENTON, TX 76208 ,
hereinafter called Principal, and hi TIIJD I NZg/JS~ c~Jc~/~/~ l.'[ V (~O l~t~9 ,
a corporation orgamzed and existing under the laws of the Stat4 of 7'-~xS~_q , and fully
authorized to transact business ~n the State of Texas, as Surety, are held and firmly bound unto
the City of Denton, a munlmpal corporation organized and ex~stmg under the laws of the State
of Texas, hereinafter called Owner, and unto all persons, firms, and corporations who may
furmsh materials for, or perform labor upon, the bmldmg or lmprovemems heremafter referred
to, m the penal sum of ONE HUNDRED TWENTY ONE THOUSAND FOUR HUNDRED
EIGHTY DOLLARS ($ 121,480 ) m lawful money of the United States, to be pad m
Demon, County, Texas, for the payment of which sum well and truly to be made, we hereby
bind ourselves, our he~rs, executors, administrators, successors, and assigns, jointly and
severally, firmly by these presents Th~s Bond shall automatically be increased by the amount
of any Change Order or Supplemental Agreement which ~ncreases the Contract prme, but m 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 ~s cond~tioned as follows Whereas, the
Principal entered into a certain Contract, identified by Ordinance Number 2000-002, with the
City of Denton, the Owner, dated the 4 day of JANUARY A D 2000 , a copy of
which ~s hereto attached and made a part hereof, for BID #2442 - MACK PARK
BASEBALL BACKSTOPS AND FENCING
NOW, THEREFORE, if the Principal shall well, truly and fmthfully perform its duties
and make prompt payment to all persons, firms, subcontractors, corporations and clau-nants
supplying labor and/or material m the prosecution of the Work provided for m said Contract
and any and all duly authorized modlftcat~ons of smd Contract that may hereafter be made,
not~ce of which modifications to the Surety being hereby expressly waived, then th~s obhgat~on
shall be void, otherwise it shall remam ~n full force and effect
PROVIDED FURTHER, that if any legal action be ftled on th~s Bond, exclusive venue
shall he in Denton County, Texas
AND PROVIDED FURTHER, that the said Surety, for value received, hereby
stipulates and agrees that no change, extension of t~me, alteration or addition to the terms of
the Contract, or to the Work to be performed thereunder, or to the Plans, Specfficat~ons,
Drawings, etc, accompanying the same, shall m anywise affect ~ts obhgat~on on this Bond,
and ~t does hereby waive notice of any such change, extension of t~me, alteration or addition to
the terms of the Contract, or to the Work to be performed thereunder, or to the Plans,
Specifications, Drawings, etc
PB - 3
This Bond is g~ven pursuant to the prows~ons of Chapter 2253 of the Texas
Government Code, as amended, and any other apphcable statutes of the State of Texas
The undersigned and designated agent ~s hereby designated by the Surety hereto as the
Resident Agent m Denton County to whom any reqmslte notices may be dehvered and on
whom serwce of process may be had ~n matters arising out of such suretyship, as prowded by
Article 7 19-1 of the Insurance Code, Vernon's Annotated C~vfl Statutes of the State of Texas
IN WITNESS WHEREOF, th~s mstmment ~s executed m 4 copies, each one of which
shall be deemed an original, th~s the 4 day of JANUARY, 2000
ATTEST PRINCIPAL
BY
PRESIDEN~ \ ~
ATTEST SURETY
0 -O 0 "Y TTOR EY4N-F CT
The Resident Agent of the Surety m Denton County, Texas for dehvery of nouce and serwce
of the process ~s
STREET ADDRESS _.,~'3/9 o~ ..~'. ~,_~¢",~'1~.. ~,, ,~rc~v'7__~.A~/, ~ 7~,~a-~'
(NOTE Date of Payment Bond must be date of Contract If Restdent Agent ts not a
corporation, gtve a person's name )
PB - 4
CITY OF DENTON
INSURANCE REQUIREMENTS FOR CONTRACTORS
Bidder's attentton ts directed to the insurance requtrements below It ts htghly recommended
that btdders confer with their respecttve insurance carrters or brokers to determine tn advance
of Bid submisston the avatlabthty of insurance certificates and endorsements as prescrtbed
and provided herein. If an apparent low btdder fads to comply strictly wtth the tnsurance
requtrements, that btdder may be dtsqualtfied from award of the contract Upon btd award, ali
msurance requtreme_nts shall become contractual obhgattons, whtch the successful btdder
shall have a dut~ to matntam throughout the course of thts contract.
STANDARD PROVISIONS:
I~tthout ltmtttng any of the other obltgattons or habdtttes of the Contractor, the Contractor shall
provtde and matntatn unttl the contracted work has been completed and accepted by the Ctty of
Denton, Owner, the mtntmum insurance coverage as tn&cated heretnafter
~ts soon as practtcable after nottftcatton of bid award, Contractor shall file wtth the Purchastng
Department sattsfactory cert~cates of tnsurance, contatmng the btd number and tttle of the
project Contractor may, upon wrttten request to the Purchastng Department, ask for
clartficatton of any tnsurance requtrements at any trine, however, Contractors are strongly
advtsed to make such requests prtor to btd opemng, smce the msurance requtrements may not be
modred or warred after bid opemng unless a wrttten exceptton has been submttted wtth the btd
Contractor shall not commence any work or deltver any material untd he or she recetves
nottficatlon that the contract has been accepted, approved, and stgned by the Ctty of Denton
All tnsurance poltctes proposed or obtazned tn sattsfactton of these requtrements shall comply
wtth the followtng general specifications, and shall be matntamed tn compltance wtth these
general spec~cattons throughout the duration of the Contract or longer, tf 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 sel£-msured 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 pohcles shall be endorsed to prowde the following
o, Name as additional insured the City of Denton, its Officials, Agents,
Employees and volunteers
· o That such insurance ~s primary to any other insurance avtulable to the
additional ~nsured w~th respect to clmms covered under the pohcy and that th~s
insurance apphes separately to each ~nsured against whom clmm ~s made or
stat ~s brought The inclusion of more than one tnsured shall not operate to
increase the insurer's hmlt of liability
All pohmes shall be endorsed to read
"SAID POLICY SHALL NOT BE CANCELLED, NONRENEWED OR
MATERIALLY CHANGE WITHOUT 30 DAYS ADVANCED WRITTEN
NOTICE BEING GIVEN TO THE OWNER (CITY) EXCEPT WHEN THE
POLICY IS BEING CANCELLED FOR NONPAYMENT OF PREMIUM IN
WHICH CASE 10 DAYS ADVANCE WRITTEN NOTICE IS REQUIRED"
· Should any of the reqmred ~nsurance be prowded under a clmms-made form,
Contractor shall maintain such coverage continuously throughout the term of th~s
contract and, w~thout lapse, for a period of three years beyond the contract
'expiration, such that occurrences arising dunng the contract term which give rise to
clmms made after expiration of the contract shall be covered
· Should any of the reqmred ~nsurance be prowded under a form of coverage that
includes a general annual aggregate limit prowd~ng for clmms mvestlgat~on or legal
defense costs to be included in the general annual aggregate hm~t, the Contractor
shall e~ther double the occurrence hmlts or obtain Owners and Contractors Protective
L~abfl~ty Insurance
Should any reqmred ~nsurance lapse dunng the contract term, requests for payments
originating after such lapse shall not be processed until the C~ty receives satisfactory
ewdence of reinstated coverage as reqmred by th~s contract, effective as of the lapse
date If ~nsurance is not reinstated, City may, at its sole option, terminate this
agreement effective on the date of the lapse
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS'
All tnsurance pohcws proposed or obtatned tn sattsfactton of th~s Contract shall addtttonally
comply wtth the followtng marked specifications, and shall be ma~ntatned m comphance wtth
these ad&ttonal spec~ficattons throughout the duratwn of the Contract, or longer, tf so noted
[X] A General L~ablhty Insurance.
General Liability ~nsurance with combined single hmlts of not less than $1,000,000
shall be prowded and malntmned by the Contractor The pohcy shall be written on
an occurrence bas~s e~ther in a single pohcy or ~n a combination of underlying and
umbrella or excess pohcles
If the Commercial General Liability form (ISO Form CG 0001 current edition) is
used
· Coverage A shall include premises, operations, products, and completed
operations, mdependent contractors, contractual liability covenng 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 Edmon
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 habthty (preferably by endorsement) covenng this
contract, personal injury habllity and broad form property damage hablhty
IX] Automobile Liability Insurance
Contractor shall prowde Commercml Automobile Llablhty insurance with Combined
Single Limits (CSL) of not less than $500,000 either in a single policy o~' 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 reqmrement shall be in the form of a pohcy endorsement for
· any auto, or
· all owned, hired and non-owned autos
[X] Workers Compensation Insurance
Contractor shall purchase and mmntmn Worker's Compensation insurance which, in
addition to meeting the mlmmum statutory requirements for issuance of such insurance,
has Employer's Llabthty 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 wmve all rights of
subrogation agmnst the City, its officmls, agents, employees and volunteers for any work
performed for the City by the Named Insured For building or construction projects, the
Contractor shall comply with the provisions of Attachment 1 in accordance with
{}406 096 of the Texas Labor Code and rule 28TAC 110 110 of the Texas Worker's
Compensation Commission (TWCC)
[ ] Owner's and Contractor's Protective Liability Insurance
The Contractor shall obtam, pay for and mmnta~n at all t~mes during the prosecution of
the work under this contract, an Owner's and Contractor's Protective Liability insurance
pohcy naming the C~ty as ~nsured 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 tames the Contractor's habfllty insurance Pohcy limits will be at least
combined bodily injury and property damage per occurrence with a
aggregate
[ ] Fire Damage Legal L~abfl~ty Insurance
Coverage is reqmred if Broad form General Llabd~ty is not prowded or is unavmlable to
the contractor or ~fa contractor leases or rents a portion ofa C~ty bmldmg L~m~ts of not
less than each occurrence are required
[ ] Profasslonai Llabd~ty Insurance
Professional habd~ty insurance with limits not less than per claim w~th
respect to negligent acts, errors or onnssxons in connection with professional servmes is
reqmred under this Agreement
[ ] Builders' Risk Insurance
Builders' Rtsk Insurance, on an All-Risk form for 100% of the completed value shall be
prowded Such policy shall include as "Named Insured" the City of Denton and all
subcontractors as their interests may appear
[ ] Additional Insurance
Other insurance may be required on an md~mdual basis for extra hazardous contracts and
spemfic serwce agreements If such additional msurance is required for a specific
contract, that reqmrement will be described ~n thc "Specific Conditions" of the contract
specfficatmns
ATTACHMENT 1
[X] Worker's Compensation Coverage for Building or Constructmn Projects for
Governmental Ent~t~es
A Defimt~ons
Certfficate of coverage ("certfficate")-A copy of a certfficate of ~nsurance, a
certfficate of anthonty to self-insure ~ssued by the commission, or a coverage
agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory
workers' compensation lnsllrance coverage for the person's or ent~ty's employees
prowd~ng services on a project, for the duratton of the project
Duration of the project - includes the t~me 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 prowdmg serwces on the project ("subcontractor" ~n §406 096) - ~ncludes all
persons or enOt~es performing all or part of the servmes the contractor has undertaken
to perform on the project, regardless of whether that person contracted d~rectly w~th
the contractor and regardless of whether that person has employees Th~s ~ncludes,
w~thout hm~tat~on, ~ndependent contractors, subcontractors, leasing compantes,
motor earners, owner-operators, employees of any such entity, or employees of any
entity whmh furmshes persons to provide services on the project "Services" ~nclude,
w~thout huntat~on, prov~chng, hauhng, or dehvenng eqmpment or materials, or
prowdmg labor, transportation, or other service related to a project "Servmes" does
not include activities unrelated to the project, such as food/beverage vendors, office
supply dehvenes, and dehvery of portable todets
B The contractor shall promde coverage, based on proper reporting of classification
codes and payroll mounts and fihng of any overage agreements, whmh meets the
statutory reqmrements of Texas Labor Code, Section 401 011(44) for all employees
of the Contractor prowdmg services on the project, for the duration of the project
C The Contractor must prowde a certfficate of coverage to the governmental entity
prior to being awarded the contract
D If the coverage period shown on the contractor's current certfficate of coverage ends
dunng the duration of the project, the contractor must, prior to the end of the
coverage period, file a new certfficate of coverage w~th the governmental entity
showing that coverage has been extended
E The contractor shall obtain from each person providing servtces on a project, and
prowde to the governmental entity
(1) a certfficate of coverage, prior to that person beg~nmng work on the project, so
the governmental entity will have on file certtficates of coverage showtng
coverage for all persons prow(hng servmes on the project, and
(2) no later than seven days after receipt by the contractor, a new certificate of
coverage showing extension of coverage, ff the coverage period shown on the
current certfficate of coverage ends during the duratton of the project
F The contractor shall retain all reqmrcd certificates of coverage for thc duration of thc
project and for one year thereafter
G The contractor shall notify the governmental enttty tn writing by certffied mall or
personal dehvery, w~thln 10 days after the contractor knew or should have known, of
any change that materially affects the prowmon of coverage of any person prowdtng
sermces on the project
H The contractor shall post on each project site a not,ce, tn the text, form and manner
prescribed by the Texas Workers' Compensation Commtsston, tnformlng all persons
providing serwces on the project that they are reqmmd to be covered, and stattng
how a person may verify coverage and report lack of coverage
I The contractor shall contractually require each person with whom tt contracts to
promde servmes on a project, to
(1) prowde coverage, based on proper reporttng of classfficatlon codes and payroll
amounts and filing of any coverage agreements, whmh meets the statutory
reqmrements of Texas Labor Code, Sectton 401 011(44) for all of its
employees prowdmg services on the project, for the duration of the project,
(2) prowde to the contractor, prior to that person beg~nmng work on the project, a
certfficate of coverage showing that coverage ts being provided for all
employees of the person provtdlng servmes on the project, for the duratton of
the project,
(3) provtde the contractor, pnor to the end of the coverage period, a new cemficate
of coverage showtng extension of coverage, ~f the coverage period shown on
the current certfficate of coverage ends dunng the duratton of the project,
(4) obtmn from each other person with whom it contracts, and provide to the
contractor
(a) a cerhficate 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
cerhficate of coverage ends dunng the duration of the project,
(5) retain all reqmred eemficates of coverage on file for the duration of the project
and for one year thereafter,
(6) notify the governmental entity m writing by certified marl or personal dehvery,
w~thln 10 days after the person knew or should have known, of any change that
materially affects the provision of coverage of any person provl(hng servmes
on the project, and
(7) contractually reqmre each person with whom it contracts, to perform as
reqmred by paragraphs (1) - (7), with the certificates of coverage to be
provided to the person for whom they are provldmg services
J By signing thlS contract or providing or causing to be promded a certfficate 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 classfficatlon codes and payroll amounts, and that all
coverage agreements will be filed with the appropriate insurance earner or, in the
case of a self-insured, w~th the comm~sslon's Division of Self-Insurance Regulation
Providing false or misleachng information may subject the contractor to
administrative penalties, criminal penalties, civil penalties, or other civil actions
K The contractor's fmlure to comply with any of these provisions is a breach of
contract by the contractor which enUtles the governmental entity to declare the
contract vmd If the contractor does not remedy the breach within ten days after
receipt of notice of breach from the governmental entity
REV NEW-BLANK-CONTRACT & BOND & INS 12 99
PROPOSAL (BID) FORM
Time: 2:00 - P.M.
Date: December 9, 1999
TO. Purchasing Agent
City of Denton, Texas
901-B Texas Street
Denton, Texas 76201
Gentlemen
The undersigned having exanuned the Contract Documents entitled
Mack Park Baseball Backstops and Fencing
Bid # 2442
And having xamted the site of the proposed construction, and hawng famdianzed fumself with
the local con&tions affecting the cost of the work, and with all addenda to the smd documents,
hereby proposed to furmsh all supervision, labor, materials, equipment, tools, and accessories
and to dO all work m accordance w~th smd documents and addenda thereto for the stipulated sum
of ONE HUNDRED TWENTY ONE
THOUSAND FOUR HUNDRED EIGHTY & 00/100 ........ Dollars($ 121,480.00 )
Total Base Bid
Total Materials Incoroorated rote the Pro~ect 5; 78,962 00
Total Labor. Sunermmon and Materials Not Incoroorated into the Pro~ect $ 42,518.00
ADDENDA
Acknowledge receipt of the following addenda which are part of the Bidding Documents by
placing Addendum #, Date ~ssued and lmttahng
Addendum No 0~IE (1) - 12/6/99 AddendumNo
Addendum No Addendum No
The undersigned b~dder hereby declares that he has visited the rote of the work and has carefully
examined the Contract Documents pertsimng to the work covered by the above b~d, and he
further agrees to commence work w~thm ten(10) days after date of written notice to proceed and
to substantially complete the work on whmh he has b~d w~thm 90
Consecutive calendar days subject to such extensions of t~me allowed by specfficatlons
The undersigned bidder agrees that hm b~d shall be good and may not be wahdrawn for a period
of 60 calendar days after the scheduled closing time for recew~ng b~ds
The undersigned b~dder understands that the Owner reserves the right to rqect any or all b~ds and
to wmve any mformaht~es in the b~dding
BID GUARANTY:
Enclosed with this Bid is a Certified Check for
Dollars ($ )
or a Bid Bond in the sum of
FIVE P~RCENT OF BID Dollars ($ 5Z OF BID )
which it ,s agreed shall be collected and retained by the Owner as liquidated damages in the
event this Bid is accepted by the Owner withm 60 days after the bids are received and the
undersigned fatls to executed the Contract and thc required Bonds with the smd Owner within
ten (10) days after the date smd Bid is accepted otherwise said check or bond shall be returned
to the undersigned upon demand
JONES & JEFFERY CONSTRUCTION COMPANY, INC.
Contraclor
a Corporate Seal)
p]~gT~RNT
Title
Address 3801 E McKINNEY
CRy, State, Zip Code DENTON~ T~YAR 76208
Telephone 940-382-3124
December 6, 1999
City of Denton, Purchamng Department
md
To All contract Bidders of Record
From Bob
C~ty of Denton
Parks a~d Recrcetmn
321 E McKm~ey St
Denton, TX 7~201
940-349-8275
Acknowledse recetpt of this Addendum by mcludm8 it w~th :he submitted Proposal Form
and notm$ ~t's receipt tn the space prowded w~thtn the Proposal Form Fadure to do so
may subjeot b~dder to d~uahficatlon Thta Addendum forms a part of the Contract
DOcuments and moddles, amends, deletes and/or to the Draw~nss and ProJect Manual as
follows
Item #1 Duaout removal and reolaeem9~
The Dusou~a on each baseball field are to be demohshed and removed and replaced per
the shown de,ad at the 28' length plus or minus to match to the backstop support pos~s
Include one 15' anodtzed aluminum players bench tn each dugout per detad
Item #2 Eananslun foam wrae aruund backstoo snoPor~
Wrap each Backstop upright post vn:h an expanaton ¼"-~A'foam wrap w~tlun the 18"
8fade beam Seal around each post w~th a concrete expanmon oaulk to be approved by
owner to make watemght
End of Addendum #1 Bid//2442
JONES & JEFFERY CONSTRUCTION COMPANY, INC
~~ ~~ ROBERT W. JONES, JR
DECEMBER 9, 1999
Date
ACORD,,. CEET!F[CATE OF LIABILITY INSURANCE OATS,..o ,
~ 0 01/12/2000
' 182-96~1 FAX (940)243-1050 TH ~ ~I~RTIFicATE iS'i~'UED ~$ A"M~TTER 0F i~FORMATION
PRODUCE. (940) 3 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
[amey & K1 ng Insurance HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
~30 South I-3SE, Suite A ~ ALTER THE COVERAGE AFFORDED BY THE POL C ES BELOW
Denton, TX 76205-7829 COMPANIES AFFORDING COVERAGE
COMPANY Bituminous
Attn Ext A
COMPANY Texas Work Comp Ins Fund
INSURED ]ones & ]effery Construction Co
& Robert ]ones, ]r Individual
COMPANY
3801 E Mcklnney C
Denton, TX 76201
COMPANY
O
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED NOT~NITHSTANOING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRI~ED HEREIN iS SUBJECT TO ALL THE TERMS
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
POLICY EFFECTIVE POLICY EXPIRATION MMITS
GENERAL AGGREGATE 2,000,000
X COMMERCIAL GENERAL LIABILITY PRODUCTS COMP/DP AGG 2,000,000
A CLAIMEMADE X oCCUR cLP2310815 03/25/1999 03/25/2000 PERSONAL&AOVINJURY 1,OOO,0OO
OWNER $ & CONTRACTOR S PROT EACH OCCURRENCE 1 ~ 000 s 000
FIRE DAMAGE (Any one ~re) 50,000
, MED EXP (Any one person) 5 1000
AUTOMOBILE LIABILf'fY COMBINED SINGLE LIMIT $ 1,000,000
A SCHEDULED AUTOS CAP2543305 03/25/1999 03/25/2000
' EACH OCCURRENCE $ 1,000,000
A X UMEREL~FORM CUP2525091 03/25/1999 03/25/2000 AOSRE~TE
$
EMPLOYER~ LIABILITY EL EACH ACCIDENT $ 500000
B THE PROPRIETOR/ iNCLTSFO012186201 03/14/1999 03/14/2000 ELDISEASE POLICY LIMIT $ 500000
DESCRIPTION OF OPERATION~/LOCA'nON ~VEHICLE~/~PECIAL ITEMS
:ERTTF'rCATE HOLDER TS SHOWN AS ADDITIONAL INSURED
Said policy shall not be cancelled, renewed,or
materially changed w~hout 30 days advance
CITY OF DENTON, ITS OFFICIALS, AGENTS, w~ ten notice §eing/given to the Owner, exce
EMPLOYEES AND VOLUNTEERS ARE SHOWN AS /~'h~ ~he policy is ~'e~ng cancelled for non-
ADDITIONAL INSUREDS pai ~e~t o~ prem~u~e/.in which case [0 days