HomeMy WebLinkAbout2009-172ORDINANCE NO. 172
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS
CONTRACT FOR THE CONSTRUCTION OF BRIERCLIFF PARK IMPROVEMENTS;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN
EFFECTIVE DATE (BID 4311-AWARDED TO THE LOWEST RESPONSIBLE BIDDER
MEETING SPECIFICATION, JONES AND JEFFERY CONSTRUCTION COMPANY, INC. IN
THE AMOUNT OF $431)058.85).
WHEREAS, the City has solicited, received and tabulated competitive bids for the
construction of public works or improvements in accordance with the procedures of State law and
City ordinances; and
WHEREAS, the City Manager or a designated employee has received and recommended that
the herein described bids are the lowest responsible bids for the construction of the public works or
improvements described in the bid invitation, bid proposals and plans and specifications therein;
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The following competitive bids for the construction of public works or
improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on
file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto,
are hereby accepted and approved as being the lowest responsible bids:
BID
NUMBER CONTRACTOR AMOUNT
4311 Jones and Jeffery Construction Company, Inc. $431,058.85
SECTION 2. The acceptance and approval of the above competitive bids shall not constitute
a contract between the City and the person submitting the bid for construction of such public works
or improvements herein accepted and approved, until such person shall comply with all requirements
specified in the Notice to Bidders including the timely execution of a written contract and furnishing
of performance and payment bonds, and insurance certificate after notification of the award of the
bid.
SECTION 3. The City Manager is hereby authorized to execute all necessary written
contracts for the performance of the construction of the public works or improvements in accordance
with the bids accepted and approved herein, provided that such contracts are made in accordance
with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms,
conditions, plans and specifications, standards, quantities and specified sums contained therein.
SECTION 4. Upon acceptance and approval of the above competitive bids and the execution
of contracts for the public works and improvements as authorized herein, the City Council hereby
authorizes the expenditure of funds in the manner and in the amount as specified in such approved
bids and authorized contracts executed pursuant thereto.
SECTION 5. This ordinance shall become effective immediately upon its passage and
approval.
dt
PASSED AND APPROVED this the / — day of 32009.
MARK A. 13� GHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
3-ORD 4311
CONTRACT AGREEMENT
STATE OF TEXAS
§ COUNTY OF DENTON §
THIS AGREEMENT, made and entered into this 4th day of August A.D., 2009, by and
between City of Denton of the County of Denton and State of Texas, acting through
George C. Campbell thereunto duly authorized so to do, hereinafter termed
"OWNER," and
Jones and Jeffery Construction Company Inc
3801 E. McKinney Street
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 # 4311- Briercliff Park Improvements
in the amount of $431,058.85 and all extra work in connection therewith, under the terms as stated
in the General Conditions of the agreement; and at his (or their) own proper cost and expense to
furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and
other accessories and services necessary to complete the work specified above, in accordance with
the conditions and prices stated in the Proposal and the Performance and Payment Bonds, attached
hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions,
the Notice to Bidders (Advertisement for Bids), and Instructions to Bidders, as referenced herein
and on file in the office of the Purchasing Agent, and in accordance with all local, state and federal
laws; and plans, which includes all maps, plats, blueprints, and other drawings and printed or
written explanatory matter thereof, and the Specifications therefore, as prepared by:
Kimley — Horn and Associates Inc.
all of which are referenced herein and made a part hereof and collectively evidence and constitute
the entire contract.
CA-1
Independent Status
It is mutually understood and agreed by and between City and Contractor that Contractor is
an independent contractor and shall not be deemed to be or considered an employee of the City of
Denton, Texas, for the purposes of income tax, withholding, social security taxes, vacation or sick
leave benefits, worker's compensation, or any other City employee benefit. City shall not have
supervision and control of Contractor or any employee of Contractor, and it is expressly understood
that Contractor shall perform the services hereunder according to the attached specifications at the
general direction of the City Manager of the City of Denton, Texas, or his designee under this
agreement.
Indemnification
Contractor covenants and agrees to and does hereby indemnify, hold' harmless and defend, at
its own expense, Owner; its officers, servants and employees, from and against any and all claims or
suits for property loss or damage and/or personal injury, including death, to any and all persons, of
whatsoever kind or character, whether real or asserted, arising out of the Work and services to be
performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or
invitees, whether or not caused, in whole or in part, by the alleged negligence of the officers,
servants, employees, of the Owner. Contractor likewise covenants and agrees to, and does hereby,
indemnify and hold harmless Owner during the performance of any of the terms and conditions of
this Contract, whether arising out of in whole or in part, any and all alleged acts or omissions of
officers, servants, or employees of Owner. The provisions of this paragraph are solely for the
benefit of the parties hereto and not intended to create or grant any rights, contractual or'otherwise,
to any other person or entity.
Choice of Law and Venue
This agreement shall be governed by the law of the State of Texas and venue for its
construction and enforcement shall lie in the courts of Denton County, Texas.
The CONTRACTOR hereby agrees to commence work on or after the date established for
the start of work as set forth in written notice to commence work and complete all work within the
time stated in the Proposal, subject to such extensions of time as are provided by the General and
Special Conditions.
The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown
in the Proposal, which forms a part of this contract, such payments to be subject to the General and
Special Conditions of the Contract.
CA-2
v Right to Audit
The OWNER shall have the right to audit and make copies of the books, records and computations
pertaining to this agreement. The CONTRACTOR shall retain such books, records, documents and
other evidence pertaining to this agreement during the contract period and five years thereafter,
except if an audit is in progress or audit findings are yet unresolved, in which case records shall be
kept until all audit tasks are completed and resolved. These books, records, documents and other
evidence shall be available, within 10 business days of written request. Further, the
CONTRACTOR shall also require all Subcontractors, material suppliers, and other payees to retain
all books, records, documents and other evidence pertaining to this agreement, and to allow the
OWNER similar access to those documents. All books and records will be made available within a
50 mile radius of the City of Denton. The cost of the audit will be borne by the OWNER unless the
audit reveals an overpayment of 1 % or greater. If an overpayment of 1 % or greater occurs, the
reasonable cost of the audit, including any travel costs, must be borne by the CONTRACTOR
which must be payable within five business days of receipt of an invoice.
Failure to comply with the provisions of this section shall be a material breach of this contract and
shall constitute, in the OWNER'S sole discretion, grounds for termination thereof. Each of the
terms "books", "records", "documents" and "other evidence", as used above, shall be construed to
include drafts and electronic files, even if such drafts or electronic files are subsequently used to
generate or prepare a final printed document.
CA-3
t
n
IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the
year and day first above written.
ATTEST:
APPROVED AS TO FORM:
�9.
CA-4
City of Denton
O
BY:
(SEAL)
E
:• u
MAILING ADDRESS
A 40) Bex-- 31
PHONE NUMBER
b 4o)
FAX NUMBER
BY:. Tteside4
TITLE
ICobe4 W. Jones, ol�
PRINTED NAME
(SEAL)
`3
PERFORMANCE BOND
STATE OF TEXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS: That Jones and Jeffery Construction
Company, Inc. whose address is 3801 E. McKinney Denton,' TX 76208 hereinafter called
Principal, and a corporation organized and
existing under the laws of the State of , 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 Four Hundred Thirty One
Thousand Fifty Eight and 85/100 DOLLARS ($431,058.85) 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 2009-172 with the City of
Denton, the Owner, dated the 4th day of August A.D. 2009, for Bid # 4311 Briercliff Park
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 two (2) years from the date of final completion and final acceptance of the Work by
the Owner; and, if the Principal shall fully indemnify and save harmless the Owner from all costs
and damages which Owner may suffer by reason of failure to so perform herein and shall fully
reimburse and repay Owner all outlay and expense which the Owner may incur in making good
any default or deficiency, then this obligation shall be void; otherwise, it shall remain in full
force and effect.
Him
PROVIDED FURTHER, that if any legal action be filed upon this Bond, exclusive venue
shall lie in Denton County, State of Texas.
AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates
and agrees that no change, extension of time, alteration or addition to the terms of the Contract,
or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc.,
accompanying the same, shall in anywise affect its obligation on this Bond, and it does hereby
waive notice of any such change, extension of time, alteration or addition to the terms of the
.Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings,
etc.
This Bond is given pursuant to the provisions of Chapter 2253 of the Texas 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, Vernon's Annotated Civil Statutes of the State of Texas.
IN WITNESS WHEREOF, this instrument is executed in four copies, each one of which
shall be deemed an original, this the day.of ,
ATTEST: PRINCIPAL
BY:
SECRETARY
ATTEST:
BY:
PRESIDENT
SURETY
BY:
ATTORNEY -IN -FACT
The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of
the process is:
NAME:
STREET ADDRESS:
(NOTE: Date of Performance Bond must be date of Contract. If Resident Agent is not a corporation,
give a person's name)
.m
PAYMENT BOND
STATE OF TEXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS: That Jones and Jeffery Construction
Company, Inc. whose address is 3801 E. McKinney Street Denton, T X 76208, hereinafter called
Principal, and , a corporation organized and existing
under the laws of the State of , 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
Four Hundred Thirty One Thousand Fifty Eight and 85/100 DOLLARS ($431,058.85) 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 2009-172 with the City of
Denton, the Owner, dated the . 4th day of August A.D. 2009., for Bid 4311 Briercliff
Park Improvements.
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties and make
prompt payment to all persons, firms, subcontractors, corporations and claimants supplying labor
and/or material in the prosecution of the Work provided for in said Contract and any and all duly
authorized modifications of said Contract that may hereafter be made, notice of which
modifications to the Surety being hereby expressly waived, then this obligation shall be void;
otherwise it shall remain in full force and effect.
PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive venue
shall lie in Denton County, Texas.
AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates
and agrees that no change, extension of time, alteration or addition to the terms of the Contract,
or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc.,
accompanying the same, shall in anywise affect its obligation on this Bond, and it does hereby
waive notice of any such change, extension of time, alteration or addition to the terms of the
Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings,
etc.
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, Vernon's Annotated Civil Statutes of the State of Texas.
IN WITNESS WHEREOF, this instrument is executed in four copies, each one of which
shall be deemed an original, this the day of ,
ATTEST:
BY:
SECRETARY
ATTEST:
BY:
PRINCIPAL
BY:
PRESIDENT
SURETY
BY:
ATTORNEY -IN -FACT
The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of
the process is:
a.ra
STREET ADDRESS:
(NOTE: Date of Payment Bond must be date of Contract. If Resident Agent is not a
corporation, give a person's name.)
3
CITY OF DENTON
INSURANCE REQUIREMENTS FOR CONTRACTORS
Bidder's attention is directed to the insurance requirements below. It is highly recommended
that bidders confer with their respective insurance carriers or brokers to determine in advance
of Bid submission the availability of insurance certificates and endorsements as prescribed
and provided herein. If an apparent low bidder fails to comply strictly with the insurance
requirements, that bidder may be disqualified from award of the contract. Upon bid award, all
insurance requirements shall become contractual obligations, which the successful bidder
shall have a duty to maintain throughout the course of this contract.
STANDARD PROVISIONS:
Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall
provide and maintain until the contracted work has been completed and accepted by the City of
Denton, Owner, the minimum insurance coverage as indicated hereinafter.
As soon as practicable after notification of bid award, Contractor shall file with the Purchasing
Department satisfactory certificates of insurance, containing the bid number and title of the
project. Contractor may, upon written request to the Purchasing Department, ask for
clarification of any insurance requirements at any time; however, Contractors are strongly
advised to make such requests prior to bid opening, since the insurance requirements may not be
modified or waived after bid opening unless a written exception has been submitted with the bid.
Contractor shall not commence any work or deliver any material until he or she 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 the Contract, or longer, if so noted:
• Each policy shall be issued by a company authorized to do business in the State of
Texas with an A.M. Best Company rating of at least A.
• Any deductibles or self -insured retentions shall be declared in the bid proposal. If
requested by the City, the insurer shall reduce or eliminate such deductibles or
self -insured retentions with respect to the City, its officials, agents, employees and
volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and
related investigations, claim administration and defense expenses.
• Liability policies shall be endorsed to provide the following:
• Name as additional insured the City of Denton, its Officials, Agents,
Employees and volunteers.
CI-9
• 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.
• Cancellation: The City requires 30 day written notice should any of the
policies described on the certificate be cancelled or materially changed
before the expiration date.
• 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.
Cl- 10
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS:
All insurance policies proposed or obtained in satisfaction of this Contract shall additionally
comply with the following marked specifications, and shall be maintained in compliance with
these additional specifications throughout the duration of the Contract, or longer, if so noted.
[X ) A. General Liability Insurance:
General Liability insurance with combined single limits of not less than
$1,000,000.00shall be provided and maintained by the Contractor. The policy shall be
written on an occurrence basis either in a single policy or in a combination of
underlying and umbrella or excess policies.
If the Commercial General Liability form (ISO Form CG 0001 current edition) is used:
• Coverage A shall include premises, operations, products, and completed
operations, independent contractors, contractual liability covering this contract
and broad form property damage coverage.
• Coverage B shall include personal injury.
• Coverage C, medical payments, is not required.
If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and
ISO Form GL 0404) is used, it shall include at least:
Bodily injury and Property Damage Liability for premises, operations, products
and completed operations, independent contractors and property damage
resulting from explosion, collapse or underground (XCU) exposures.
Broad form contractual liability (preferably by endorsement) covering this
contract, personal injury liability and broad form property damage liability.
[X] Automobile Liability Insurance:
Contractor shall provide Commercial Automobile Liability insurance with Combined Single
Limits (CSL) of not less than $500,000.00 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.
CI_ 11
[X] Workers Compensation Insurance
Contractor shall purchase and maintain Worker's Compensation insurance which, in addition
to meeting the minimum statutory requirements for issuance of such insurance, has
Employer's Liability limits of at least $100,000 for each accident, $100,000 per each
employee, and a $500,000 policy limit for occupational disease. The City need not be
named as an "Additional Insured" but the insurer shall agree to waive all rights of
subrogation against the City, its officials, agents, employees and volunteers for any work
performed for the City by the Named Insured. For building or construction projects, the
Contractor shall comply with the provisions of Attachment 1 in accordance with §406.096
of the Texas Labor Code and rule 28TAC 110.110 of the Texas Worker's Compensation
Commission (TWCC).
[ J Owner's and Contractor's Protective Liability Insurance
The Contractor shall obtain, pay for and maintain at all times during the prosecution of the
work under this contract, an Owner's and Contractor's Protective Liability insurance policy
naming the City as insured for property damage and bodily injury which may arise in the
prosecution of the work or Contractor's operations under this contract. Coverage shall be on
an occurrence basis, and the policy shall be issued by the same insurance company that
carries the Contractor's liability insurance. Policy limits will be at least combined bodily
injury and property damage per occurrence with a aggregate.
[ ] Fire Damage Legal Liability Insurance
Coverage is required if Broad form General Liability is not provided or is unavailable to the
contractor or if a contractor leases or rents a portion of a City building. Limits of not less
than each occurrence are required.
[ ] Professional Liability Insurance
Professional liability insurance with limits not less than per claim with
respect to negligent acts, errors or omissions in connection with professional services is
required under this Agreement.
[ ] Builders' Risk Insurance
Builders' Risk Insurance, on an All -Risk form for. 100% of the completed value shall be
provided. Such policy shall include as "Named Insured" the City of Denton and all
subcontractors as their interests may appear.
CI - 12
[ ] 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.
Cl- 13
ATTACHMENT 1
[X] Worker's Compensation Coverage for Building or Construction Projects for
Governmental Entities
A. Definitions:
Certificate of coverage ("certificate ")-A copy of a certificate of insurance, a certificate
of authority to self -insure issued by the commission, or a coverage agreement (TWCC-
81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation
insurance coverage for the person's or entity's employees providing services on a
project, for the duration of the project.
Duration of the project - includes the time from the beginning of the work on the project
until the contractor's/person's work on the project has been completed and accepted by
the governmental entity.
Persons providing services on the project ("subcontractor" in §406.096) - includes all
persons or entities performing all or part of the services the contractor has undertaken to
perform on the project, regardless of whether that person contracted directly with the
contractor and regardless of whether that person has employees. This includes, without
limitation, independent contractors, subcontractors, leasing companies, motor carriers,
owner -operators, employees of any such entity, or employees of any entity which
furnishes persons to provide services on the project. "Services" include, without
limitation, providing, hauling, or delivering equipment or materials, or providing labor,
transportation, or other service related to a project. "Services" does not include
activities unrelated to the project, such as food/beverage vendors, office supply
deliveries, and delivery of portable toilets.
B. The contractor shall provide coverage, based on proper reporting of classification codes
and payroll amounts and filing of any overage agreements, which meets the statutory
requirements of Texas Labor Code, Section 401.011(44) for all employees of the
Contractor providing services on the project, for the duration of the project.
C. The Contractor must provide a certificate of coverage to the governmental entity prior to
being awarded the contract.
D. If the coverage period shown on the contractor's current certificate of coverage ends
during the duration of the project, the contractor must, prior to the end of the coverage
period, file a new certificate of coverage with the governmental entity showing that
coverage has been extended.
E. The contractor shall obtain from each person providing services on a project, and
provide to the governmental entity:
Cl - 14
1) a certificate of coverage, prior to that person beginning work on the project, so the
governmental entity will have on file certificates of coverage showing coverage for
all persons providing services on the project; and
2) no later than seven days after receipt by the contractor, a new certificate of coverage
showing extension of coverage, if the coverage period shown on the current
certificate of coverage ends during the duration of the project.
F. The contractor shall retain all required certificates of coverage for the duration of the
project and for one year thereafter.
G. The contractor shall notify the governmental entity in writing by certified mail or
personal delivery, within 10 days after the contractor knew or should have known, of
any change that materially affects the provision of coverage of any person providing
services on the project.
H. The contractor shall post on each project site a notice, in the text, form and manner
prescribed by the Texas Workers' Compensation Commission, informing all persons
providing services on the project that they are required to be covered, and stating how a
person may verify coverage and report lack of coverage.
I. The contractor shall contractually require each person with whom it contracts to provide
services on a project, to:
1) provide coverage, based on proper reporting of classification codes and payroll
amounts and filing of any coverage agreements, which meets the statutory
requirements of Texas Labor Code, Section 401.011(44) for all of its employees
providing services on the project, for the duration of the project;
2) provide to the contractor, prior to that person beginning work on the project, a
certificate of coverage showing that coverage is being provided for all employees of
the person providing services on the project, for the duration of the project;
3) provide the contractor, prior to the end of the coverage period, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the current
certificate of coverage ends during the duration of the project;
4) obtain from each other person with whom it contracts, and provide to the contractor:
a) 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;
Cl- 15
5) retain all required certificates of coverage on file for the duration of the project and
for one year thereafter;
6) notify the governmental entity in writing by certified mail or personal delivery,
within 10 days after the person knew or should have known, of any change that
materially affects the provision of coverage of any person providing services on the
project; and
7) contractually require each person with whom it contracts, to perform as required by
paragraphs (1) - (7), with the certificates of coverage to be provided to the person for
whom they are providing services.
J. By signing this contract or providing or causing to be provided a certificate of coverage,
the contractor is representing to the governmental entity that all employees of the
contractor who will provide services on the project will be covered by workers'
compensation coverage for the duration of the project, that the coverage will be based on
proper reporting of classification codes and payroll amounts, and that all coverage
agreements will be filed with the appropriate insurance carrier or, in the case of a self -
insured, with the commission's Division of Self -Insurance Regulation. Providing false
or misleading information may subject the contractor to administrative penalties,
criminal penalties, civil penalties, or other civil actions.
K. The contractor's failure to comply with any of these provisions is a breach of contract by
the contractor which entitles the governmental entity to declare the contract void if the
contractor does not remedy the breach within ten days after receipt of notice of breach
from the governmental entity.
Cl - 16
CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ
For vendor or other person doing business with local governmental entity
This questionnaire reflects changes made to the law by H.B. 1491, 80th Leg., Regular Session.
OFFICE USE ONLY
This questionnaire is being filed in accordance with chapter 176 of the Local Government Code by a
Date Received
person doing business with the governmental entity.
By law this questionnaire must be filed with the records administrator of the local government not
later than the 7th business day after the date the person becomes aware of facts that require the
statement to be filed. See Section 176.006, Local Government Code.
A person commits an offense if the person violates Section 176.006, Local Government Code. An
offense under this section is a Class C misdemeanor.
1 I Name of person who has a business relationship with local governmental entity.
2
Check this box if you are filing an update to a previously filed questionnaire.
(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7`" business
day after the date the originally filed questionnaire becomes incomplete or inaccurate.)
ffName of local government officer with whom filer has an employment or business relationship.
Name of Officer
This section, (item 3 including subparts A, B. C & D), must be completed for each officer with whom the filer has an employment or other business
relationship as defined by Section 176.001 (1 -a), Local Government Code. Attach additional pages to this Form CIQ as necessary.
A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the
filer of the questionnaire?
0 Yes E:1 No
B. Is the filer of the questionnaire receiving or likely to receive taxable income, other than investment income, from or at the direction of the
local government officer named in this section AND the taxable income is not received from the local governmental entity?
0 Yes F--] No
C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer
serves as an officer or director, or holds an ownership of 10 percent or more?
EJ Yes E:] No
D. Describe each affiliation or business relationship.
4
Signature of person doing business with the governmental entity Date
Adopted 06292007
CIQ - 1
Project Name: Briercliff Park Improvements
Working Days 120
Bid No. 4 311
BID TABULATION SHEET P.O. No.
ttem
Spec.
Name of Pay Item with
Est.
Unit Bid
Amount
No.
Item
Unit Price in Words
Quantity
Unit
Price
Bid
1
H.33
FPaa (30 spa
ft Lot eight thousand seven
13.500
SF
hundred twenty five dollars and
00 cents perunt
$ 4.35
$ 58, 725.00
2
DET. 6/L11
Playground Access Ramp
2
EA
Two hundred ninety dollars and
00 cents per unit
$ 295. 0 0
$ 590.00
3
H.36
PI round Boer
Fi��teen thousand five
450
LF
-hundred seventy dollars and
00 carps per unit
$ 34.60
$ 15,570.00
4
H.37
ft"f eeR thousand f ive hundred
.6.500
SF
twenty dollars and
00 cents per unit
$ 2. 0 8
$ 13,520.00
5
H.38
Multi -Use hurt w/Goals
Forty five thousand nine
hundred forty eight dollars and
1
LS
$ 45,948.0
45,948.00
00 cents per unit
8
H.39
Pavilion
Thirty six thousand four
1
LS
dollars and
00 cents per unit
$ 36, 435.
$i 36, 435. 00
7
H.40
Benches
Three thousand one hundred
5
EA
forty fiye dollars and
00 cents per unit
$ 629. 0 0
$ 3,145.00
8
H.41
Trashfthousanoneehundred
4EA
sixtydollars and
I
00 cents per unit
$ 540.25
$ 2,161.00
9
H.42
Picnic Tables under Pavilion
7
EA
Five thousand eighty seven dollarsand
85 100 cents perunit
$ 726. 85
$ 5,087.85
10
H.43
ADA Picnic Tables under Pavilion
1
E4
Eight hundred fifty six dollars and
50/100 cents per unit
$ 428.25
$ 856.50
11
H.44
Picnic.Tables wl Con rote Pad
Two thousand one hundred
2
EA
forty one dollars and
00 cents per unit
$ 1, 0 7 0. 5$
2,141.00
12
H.45
ADA Pic Nc Tables Yi j/Concrete Pad
Two thousand ' one hundred
2
E4
Ifourteen
dollars and
cents per unit
100
$ 1, 057. 0
2,114.001
0
Project Name: Briarcliff Park Improvements
Working Days 120
BID TABULATION SHEET Bid No. 4311
P.O. No.
Item
No.
Spec.
Item
Name of Pay Item with
Unit Price In Words
Est
QuantitylUnit
Unit Bid
Price
Amount
Bid
13
H.46
Grill w/ Foundation
1
EA
Three hundred eighty six dollars and
00 cents per unit
$ 3 8 6. 0 0
$ 386.0
14
H.47
Backstop
1
EA
Five thousand five dollars and
00 cents perunit
$ 5, 005 . 0
5, 005. 0
15
H-48
FourGAiousand six hundred
2
EA
eight doliarsand
00 cents perunit
$ 2, 304. 0
$ 4,608.0(
16
H. 60
Bike hack
1
Five hundred forteen dollars and
no cents per unit
$ 514 . 0 0
514.00
17
H.49
5" , rete Sid walk
FSy eight thousand
16,350
forty two dollars and
J'SF
00 cents per unit
$ 3 .5 5 Is
S8,042.50
18
H.50
8' Vnyl Coated Chain Link Fence
Ten thousand five hundred
400
LF
sixty four dollars and
1
00 cents per unit
$ 26.41
$ 10,564.00
19
H.51
Grading and Site Preparation
Thirty six thousand eight
1
hundred ninpty dollars and
$ 36,890
$ 36,890.00
00
cents r unit
20
H.52
,e
Lan¢sgpsar�dolrurirgat!no1 ant eight
Th L h
1
LS
re dollars and
00 cents per unit
$ 34, 842
$ 34, 892.00
21
H.54
Drainage Structures
Three thousand nine hundred
twenty seven dollars and
gHE
$ 3, 927. 00 $,
3, 9 2 7. 00
00
cents r unit
22
H.55
g�°
OeVenteen �iousand one hundred
1
LS
ninety fivp dollars and
00 cents per unit
$ 17, 195. 0
17, 195. 0 0
23
SC-2
H.56
�WPPP rtd Erosi Control
Six t�tousan�
thirtv five dollars and
1
LS
00
cents perunit
$6,035.011
$6, 035. 00
24 H.57 Site
tgeen�thouusand seven
1
LS
hundred
fnrfy two dollars and
cents per unit
00
$ 16, 742.0
16, 742 . 00
-0;
Project Name: Brlercliff Park Improvements
Working Days. 120
Bid No. 4311
BID TABULATION SHEET P.O. No.
Item
Spec.
Name of Pay Item with
Est.
Unit Bid
Amount
No.
Item
Unit Price in Words
Quantity
Unit
Price
Bid
25
H.58
Paved Ramp For Universal Access
1
LS
Seven hundred fifty dollars and
00 cents per unit
$ 750.00
$ 750.00
26
H.59
1B-Inch Gravity Stone Wag
Five thousand one hundred
1
LS
Sixty five dollars and
00 cents per unit
$ 5, 165. 00
$ 5,165.00
27
SC-1
Trench Safety
1
LS
Seven hundred ninety dollars and
00 cents perunit
$ 790.00
$ 790.00
28
SC-3
Project Sign
1
LS
Two hundred fifty dollars and
00 cents per unit
$ 250.00
$ 250.00
29
SC-3
Contractors Warranties, Bonds and Understandings
Nine thousand eight hundred
1
LS
dollars and
00 cents per unit
$ 13, 010. 0
13,010.00
30
Testing Allowance By Alpha Testing, Inc.
1
LS
Twenty thousand dollars and
00 cents per unit
$ 20,000.00
$ 20,000.00
31
Contingency Allowance
1
LS
Ten thousand dollars and
00 cents perunt
$ 10,000.00
$ 10,000.00
Base Bid
TOTAL BID For All Items
S 431,058.85
Project Name: Briercliff Park Improvements
Working Days 120
Bid No. 4 311
BID TABULATION SHEET P.O. No.
Item Spec. Name of Pay Item with Est Unit Bid Amount
No. item Unit Price in Words lQuenfildUniti Price Bid
Add Alternate Bid Items
1
H.61
Monument Slgn
Eight thousand two hundred
1
LS
dollars and
00 cents per unit
$ 8, 250. 00
$ 8, 250 . 00
2
H.62
Stone Columns at Pavilion
1
LS
Six thousand nine hundred
dollars and
00 cents per unit
$ 6.. 920. ON
6, 920. 00
Add Alternates
TOTAL BID For All Items
$ 15,170.00
TOTAL BASE BID PRICE IN WORDS Four hundred thirty one
thousand fifty eight & 85/100-----------------------Dollars
TOTAL ADD ALTERNATE BID PRICE IN WORDS Fifteen thousand
one hundred seventy & 00/100---------------------Dollars
In the event of the award of a contract to the undersigned, the undersigned will famish a
f!q performance bond and a payment bond for the full amount of the contract, to secure proper
compliance with the terms and provisions of the contract, to insure and guarantee the work
until final completion and acceptance, and to guarantee payment for all Iawfui claims for
labor performed and materials furnished in the fulfillment of the contract
It is understood that the work proposed to be done shall be accepted, when fully completed
and finished in accordance with the plans and specifications, to the satisfaction of the
Engineer.
Ed The undersigned certifies that the bid prices contained in this proposal have been carefully
fluchecked and are submitted as correct and final.
Unit and lump sum prices as shown for each item listed in this proposal, shall control over
extensions.
The undersigned agrees this bid becomes the property of the City of Denton after the
official opening.
The undersigned affirms that they are duly authorized to execute this contract.
Vendor hereby assigns to purchaser any and all claims for overcharges associated with
this contract which arise under the antitrust laws of the United States, 15 USCA Section I
etet seg., and which arise 'under the antitrust laws of the State of Texas, Tex. Bus. & Com.
Code, Section 15.01, et seq.
I
P - 7
0.
i ..
r-
Eli
Receipt is hereby acknowledged of the following addenda to the plans and specifications:
Addendum No. l dated June 16, 2009
Received June 17, 2009
Addendum No. 2 dated June 22, 2009
Received June 2 2, 2009
Addendum No. 3 dated
Received
Addendum No. 4 dated
Received
Addendum No. 5 dated
Received
Jones & Jeffery Construction
Company, Inc.
CMITRACTOR
'Ro ert W. Jones U Presi nt
3801 E. McKinney
Street Address
Denton, Texas 76208
City and State
Seal & Authorization
(If a Corporation) (940) 382-3124
Telephone
P - 8
wr
i
Effective December 1'. 2003
PROJECT NO. Bid # 4311
CONTRACT TYPE
PAYMENT BOND
THE STATE OF TEXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS:
Bond # 4375416
That Jones and Jeffery
Construction Company, Inc of the City of Denton
County of Denton , and the Statc of Texas
as principal, and SureTec Insuance Company ✓
authorized under the laws of the State of Texas to act as surety on bonds for principals, are held
and firmly bound unto The City of Denton, OWNER, in the penal sum of
*'* dollars 3)
aT0588� $ ✓ payment whereof, the
� .� for the P y
said Principal and Surety bind themselves and their heirs, administrators, executors, successors
and assigns, jointly and severally, by these presents:
WHEREAS, the Principal has entered into a certain written contract with the Owner,
dated the 4th day of August 20 09
for Bid # 4311 Briercliff Park Improvements
to which contract is hereby referred to and made a part hereof as fully and to the same extent as
if copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that
if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor
*** Four Hundred Thirty One Thousand Fifty Eight and 85/100
T
PAYMENT BOND
in the prosecution of the work provided for in said contract, then this obligation shall be void,
otherwise to remain in full force and effect;
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of the
Texas Government Code, Chapter 2253 (Vernon, as currently amended), and all liabilities on this
bond shall be determined in accordance with said provisions to the same extent as if they were
copied at length herein.
Surety, for value received, stipulates and agrees that no change, extension of time,
alteration or addition to the terms of the contract, or to the work performed thereunder, or the
plans, specifications, or drawings accompanying the same, shall in any way affect its obligation
on this bond, and it does hereby waive notice of any such change, extension of time, alteration or
addition to the terms of the contract, or to the work to be performed thereunder.
Page 2 of 3
J
PAYMENT BOND
IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this
instrument this 31st day of August 2009
PRRNcIPAL
BY: -
TITLE:1�1. �
ADDRESS:
�360 i E . Nth i,: A,,
(SEAL)
^N
SureTec Insuance Company
SURETY
BY:
TITLE:
ADDRESS:
5741 Legacy Drive, Suite 210
Plano, TX 75024
The name and address of the Resident Agent of Surety is:
Ramey & King Insurance
510 N 1-35 E, Denton, Texas 76205
Page 3 of 3
(SEAL) A,_ p
POA n: 4221256 .
SureTec Insurance Company
LIMITED POWER OF ATTORNEY =
Know All Men -by These Presents, That SURETEC INSURANCE COMPAN the "Company"), a corporation duly organized and.
existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents
make, constitute -and appoint
Jeffrey P: King'4 ecky McKnight, James E. King
of Denton , Texas its true and lawful Attorneys) -in -fact, with full power and authority hereby conferred in its name, place and stead, to -
execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to
includewaivers to the conditions of contracts -and consents of surety, providing the bond penalty does not exceed
One Million Five Hundred Thousand and no/l00 Dollars (S 1,500,000.00) ✓
and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate
seal of the Company and duly attested by its Secretary, hereby ratifying and confirming -all that the said Attomey(s)-in-Fact may do in the
premises. Said appointment shall continue in force. until 12/31/09 and is made under and by authority of the following -
resolutions of the Board of Directors of the SureTec Insurance Company:
Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is
hereby vested with full power and authority to appoint -any one or more suitable persons as Attomev(s)-in-Fact to represent and act for and on
behalf of the Company subject to the following provisions:
Attorney -in -Fact may be given full power and authority for and in the name of and of behalf of the Company, -to execute, acknowledge and
deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all
notices and documents canceling or terminating the Company's liability thereunder, and -any such instruments so executed by any such
Attorney -in -Fact shall he binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary.
Be it. Resolved, that,the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or
any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid
and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a'Meeting held on-2e of April,
1999.)
In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by.its President, and.its corporate'seal
to be hereto affixed this 20th day of June, A.D. 2005.
s�aar�� VKig,
URANCE COMPANY
q By,
1 W W 1 a€ e tState of Texas ss:-
County of Harris
d�
On this 20th day of June, A.D. 2005 before me personally came B.J. King, to me known, who, being by me duly swom, did depose and' say; that he
resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above
instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the
Board;of Direciors,ofsaid Company; and that he signed his name thereto by like order.
= Michelle Denny
<Z1 Notimy Publio
\ f _ - _ * ®• State of Taxes
PA{► fommh,ltxttrss Michelle Denny, Notary Pu lic
August 27, 2008 My commission expires August 27,1008
W .BrentzBeat':, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy
of aiPower of Attomey, executed by said Company, which is still in full force and. effect; and furthermore, the resolutions of the Board of Directors, set -
out in the Power of Attorney are in full force and effect.
Given under my hand and the seal of said Company at Houston, Texas this a,
It, 20, A.D.
nt Sec tary .
. v
Any instrument issued in excess of the penalty stated above is totally void and. without any validity."
For verification of the authority of this power.you may call (713) 812-0800 any business day between 8:00 am and 5:00 pm CST.
i
Effecth,c December 1'. zoos PROJECT NO. Bid # 4311
CONTRACT TYPE
Bond # 4375416
PERFORMANCE BOND
THE STATE OF TEXAS §
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON §
of Denton County, Texas, hereinafter called Principal and
SureTec Insuance Company ✓
5741 Legacy Drive, Suite 210, Plano, TX 75024
a Corporation organized under the laws of the State of Texas
and authorized to do
business in the State of Texas, hereinafter called "Surety", are held and firmly bound unto the City of
Denton, Texas, a Municipal Corporation, in Denton County, Texas, hereinafter called "City" in the
penal sum of
(S 431,058.85 ✓ ) dollars, lawful money
of the United States, for the payment of which sum well and truly to be made we bind ourselves, our
heirs, executors, administrators, and successors, jointly and severally, and firmly by these presents:
THE Condition of this Obligation is such that:
WHEREAS, the Principal entered into a certain contract with Owner, dated the
4th day of August , 20 09✓in the proper performance of
which the City of Denton, Texas, has an interest, a copy of which is hereto attached and made a part
hereof, for the construction of: Bid # 4311 Briercliff Park Improvements ✓
Four Hundred Thirty One Thousand Fifty Eight and 85/100 ✓
Page] of 3
r..
PERFORMANCE BOND
NOW, THEREFORE, if the Principal shall well, truly, and faithfully cause to be performed
and fulfilled 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, with or without notice to the surety, and during the
life of any guaranty required under the Contract, which is incorporated, as if written word for word
herein, and shall also well and truly cause to be performed and fulfilled all the covenants, terms and
conditions and agreements of any and all authorized modifications of said Contract that may hereafter
be made including, without limitation, to remedy and pay for any defects in material and
workmanship or damage to other work or facilities which shall appear within two ,ears from the date
of final completion notice of which modifications to the surety being hereby waived; then this
obligation shall be void; otherwise to remain in full force and effect.
County.
PROVIDED, further, that if any legal action be filed on this bond, venue shall lie in Denton
AND, that 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 performed
thereunder, or the Plans, Specifications, Drawings, etc., accompanying the same shall in any wise
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.
Page 2 of 3
PERFORMANCE BOND
IN WITNESS WHEREOF, this instrument is executed in triplicate, each one of which shall
be deemed an original, this the 31 st day of August , 20 09 `1�
PRINCIPAL
SURETY
SureTec Insuance Company
/ �
BY: BY0-Yy
-FACT
1 , t4
_ AT LEST:
C ; - -J 1✓
SECRE AR
NOTE: POWER OF ATTORNEY OF SURETY MUST BE ATTACHED. DATE OF
BOND MUST NOT BE PRIOR TO DATE OF CONTRACT DATE OF
POWER OF ATTORNEY. CERTIFICATION MUST NOT BE PRIOR TO
DATE OF CONTRACTOR BOND.
Page 3 of 3
POA a: 4221256
SurcT'ec Insurance Company
Y.LM TED POWER OF ATTORNEY
Know AU Alen by These Presentsi That SURETEC INSURANCE COMPAN the `-`Company"), a corporation duly. organized and
existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does -by these presents
-make, constitute and appoint
Jeffrey P. King, Becky McKnight, James E. King
of Denton , Texas its true and lawful Attomey(s)-in- fact, with full power and authority. hereby conferred in its name, place and stead, to
execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to
include waivers to the conditions of contracts and consents of surety, providing the bond penalty does not exceed
One Million Five Hundred Thousand and no/100 Dollars (S1,500,000.00)✓
and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate
seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attomey(s)-in-Fact may do in the
premises. Said. appointment shall continue in force until 12/31/09 and is m_ ade.under and by authority of -the following
resolutionsof the Board of Directors of the SureTec Insurance Company:
Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is
hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-i n- Fact to represent and act for and on
behalf of the Company subject to the following provisions:
Attornev-in-Face maybe given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and
deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings. and any and all
notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such
Attomey-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary.
Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or
any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid
and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20`t' of April,
1999.)
In Witness Whereof,, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal
to be hereto af(ixed.this 20th day of June, A.D.- 2005.
s�RnN�F ETEC i CE COMPANY
;...........•.O
�t ..� By:
gw w 1>t B.J.Ki g, reside t
State of Texas ss: 7�, 1 y j t.—
County of Harris s �' ..
On this 20th day of June, A.D. 2005 before me personally came B.J. King, to me known, who, being by me duly swom, did depose and -say, that he
resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above
instrument;-ttiat.he-knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that. it was so affixed by order of the
%6-ra of:Directors'ofsaid Company; and that he signed his name thereto by like order.
Michelle Denny
Nota y Public
State of TBXCX
My Commisslon t A*w Michelle Denny, Notary P46lic -
Augud 27,1008 My commission expires August 27, 2008
; A ----"'�� ,. `tea
1, N�,Bre.dt.Beaty,-Assistant Secretary ofSURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy
of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set
out in the Power of Attornev are in full force and effect.
S�f 5stant
Given under my hand.and the-seal-ofsaid Company at Houston, Texas this day 20,.A.D.. Brent Bea ec tart'
Any instrument issued in excess of the penalty stated above is totally void and without any validity.
For verification of the authority of this power you may call (713) 812-0800 any business day between 8:00 am and 5:00 pm CST.
DATE
'4� CERTIFICATE OF LIABILITY INSURANCE 10/2M/DDIYY9
10/2/2009
PRODUCER (940) 382-9691 FAX(940) 243-1050 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Ramey & King Insurance Assoc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
510 North I-35 E HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Denton TX 76205 I INSURERS AFFORDING COVERAGE I NAIC #
INSURED / INSURERA:Amerlca First Insurance
Jones & Jeffery Construction Co. Inc" IN�RERB:Texas Mutual Ins. Co. Txrtlrx
3801 E. McKinney INSURERC:
INSURER D:
Denton I TX 76208 INSURER E
COVFROrFS
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. N01WTHSTANDING
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 DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF
SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LIS
ADD'
S
OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
D M
POLICY EXPIRATION
E M DO
LIMITS
GENERAL LIABILITY
EACH OCCURRENCE
I S 1,000,000
X COMMERCIAL GENERAL LIABILITY
DAMAG O RENTED
EMISES Ea occurrence
I S 100,000
A
CLAIMS MADE I� OCCUR
8639479
U
4/5/2009
4/5/2010
MED D(P(Any one person)
I S 5,200
PERSONAL 8 ADV INJURY
15 1,000,000
GENERAL AGGREGATE
S 2,000,000
GEML AGGREGATE LIMIT APPLIES PER:
PRODUCTS - COMP/OP AGG
S 2,000,000
X POLICY n PROim, E-1 LOC
AUTOMOBILE
LIABILITY
COMBINED SINGLE LIMIT
I
X
ANY AUTO ✓
(Ea accident)
I S 1,000,000
A
-
ALL OWNED AUTOS
8651331/
5/1/2009
5/1/2010
BODILY INJURY
S
SCHEDULED ALTOS
(Per person)
HIRED AUTOS
BODILY INJURY
S
NON -OWNED AUTOS
(Per accident)
PROPERTY DAMAGE
S
(Per accident)
GARAGE LIABILITY
RANY AUTO
AUTO ONLY - EA ACCIDENT
S
EA ACC
S
OTHER THAN
AUTO ONLY: AGG I
S
EXCESS UMBRELLA LIABILITY
EACH OCCURRENCE IS
1,000,000
X OCCUR CLAIMS MADE
AGGREGATE I
$ 1,000,000
IS
A
DEDUCTIBLE
8639679
4/5/2009
4/5/2010
S
X RETENTION S 10,0001
S
WORKERS COMPENSATION ON
I WC STA /
AND EMPLOYERS' LIA&CITY Y 1 N
CUTIVE
X TORY LIMITS ER
IUT ER
S 500 000
r_
ANY PROPRIEfOR/PARTNEI /
OFFICER/MEMBER EXCLUDED?
/
.L. EACH ACCIDENT
E.L. DISEASE- EA EMPLOYEE
S 500,000
(Mandatory in NH) ITSF0012186201
It yes, describe under
...1
3/14/2009
3/14/2010
E.L. DISEASE - POLICY LIMIT I
S 5O0 000
SPECIAL PROVISIONS below
OTHER
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
City of Denton is Additional Insured.
-- — I.M IV <.CL LN I IVIV
(940)349-7302 _�m.shaw@cityo£denton.com SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
City of Denton DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN
901 B Texas Street NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
Denton, TX 76201
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES.
[AUTHORIZED REPRESENTATIVE
ff King/JCH /
/ V iris-ZUUU ACORD CORPORATION. All rights reserved.
INS025 (�ooso,) The ACORD name and logo are registered marks of ACORD
Mo
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized
representative or producer, and the certificate holder, nor does it affirmatively or negatively amend,
extend or alter the coverage afforded by the policies listed thereon.
nrnon oe 1—n-
------- -- �------•I
INS025 (��)
Best's Rating Center - Search Results Page 1 Page 1 of 1
Best's Rating Center
States Asia Pacific Canada Europe About Contact Sitemap
Rating Center Home
Search Results Page 1 of 1 Results Per Page i20
2 Ratetl or non -Rated companies found, results sorted by Company Name
Criteria Used: Company Name: Company names starting with america first
To refine your search, please use our Advanced Search or view our Online Help for more information.
america first View results starting with: A B C D E F G H I J K L M N O P O R S T U V W X Y Z Reset List
Col
pany Information Financial Strength Ratings
Issuer Credit Ratings
Outlook I
Outlook/
AMB# I - Company Name - Rating Implication -
Long -Tenn Implication Short -Term Domicile
02186
America First Insurance Company A Negative a
Negative US: New Hampshire
Insurance - Property/ Casualty (Operating Company)
12568
America First Lloyds Insurance Co A Negative a
Negative US: Texas
Insurance - Property/ Casualty (Operating Company)
Note:
Financial Strength Ratings as of 1010712009 12:31 PM E.S.T.
Financial
and,
Strength Ratings (FSR) are sometimes assigned to Property/Casualty - A.M. Best Consolidated Groups. Please note that Life/Health -A.M. Best Consolidated Groups
Company Consolidated Financial Statements are not assigned FSR ratings.
Denotes
Under Review Best's Ratings
Visit Best's
Rating Center for a complete overview of our rating process and methodologies.
Important Notice: Best's Ratings reflect our independent opinion, based on a comprehensive quantitative and qualitative evaluation of a company's balance sheet strength, operating performance and business
profile. IDese ratings are neither a warranty of a company's financial strength nor its ability to meet its financial obligations. including Nose to policyholders. View our entire notice for complete details.
Customer Service I Product Support I Member Center I Contact Info I Careers
About A.M. Best I Site Map I Privacy Policy I Seventy I Terms of Use I Legal 8 Licensing
Copyright O 2009 A.M. Best Company, Inc. All rights reserved.
A.M. Best Worldwide Headquarters, Ambest Road, Oldwich, New Jersey, 08858. U.S A.
http://Iwww3.ambest.com/ratings/RatingsSearch.asp?A1tSrc=9 10/7/2009
Rating Center - Search Results Page 1
Page 1 of 1
Best's Rating Center
States Asia Pacific Canada Europe
Search Results Page 1 of 1 Results Per Page' 20
1 Rated or non -Rated companies found, results sorted by Company Name
Criteria Used: Company Name: Company names starting with texas mutual insurance
To refine your search, please use our Advanced Search or view our Online Help for more information.
texas mutual insurance
Company Information
AMIBit Company Name
11453 Texas Mutual Insurance Company
Insurance - Property/ Casualty (Operating Company)
About Contact Sitemap
Rating Center Home
View results starting with: ABCDEFGHIJKLMNOPORSTUVWXyZ Reset List
Financial Strength Ratings Issuer Credit Ratings
Outlook / Outlook/
Rating Implication Long -Term - Implication = Short -Term Domicile
NR-5 Not Applicable nr Not Applicable US: Texas
Note: Financial Strength Ratings as of 1010712009 12:31 PM E.S.T.
Financial Strength Ratings (FSR) are sometimes assigned to Property/Casualty - A.M. Best Consolidated Groups. Please note that Life/Health - A.M. Best Consolidated Groups
andICompany Consolidated Financial Statements are not assigned FSR ratings.
* Denl tes Under Review Best's Ratings
Visit Best's Rating Center for a complete overview of our rating process and methodologies.
Important Notice: Best's Ratings reflect our independent opinion, based on a comprehensive quantitative and qualitative evaluation of a company's balance sheet strength, operating performance and business
pmfla. These ratings are neither a warranty of a company's financial strength nor its ability to meet its financial obligations, including those to policyholders. View our entire notice for complete details.
Customer Service I Product Support I Member Center I Contact Info I Careers
About A.M. Best I Site Map I Privacy Polity I Security I Terms of Use I Legal 8 Licensing
Copyright O 2009 A.M. Best Company, Inc. All rights reserved.
A.M. Best Worldwide Headquarters. Ambest Road, Otdwick. New Jersey, 08858, U.S.A.
http://Iwww3.ambest.com/ratines/RatinesSearch.asp 10/7/2009
'
N
�
I
b
u e7
O
b0 �
R
QJ o
0
°
a
a
c
o
z
I Q
N
iIon
I
v l
A a
v� c
O
pI
W P:
X
�rr `
I
�' p u
•�
u� aCi
Z
X
P.
i1.
ILA
I
o
0
M
N
(D
a
�
I
I
Q
x
W
F- zo
ioo
Ii
a
z Q
v
v
IF
vv
v/ ZU
W
a
I�
O
X cm
co
L ~
ram:
a
rW(3)
W
ch
o
C)
.ENOO
W
Q )(
d
rl
Z�"
WO
F O
ci
u
of
L LI F y
oc
ca
¢
z l
amo F
o v
oW
.a A
.�
�rnI�F°,
o
E-
O
U
Om n
—
n
co U)
V)
�.zo
I
W
3
I
C
Z
Q
I
I
a
N
cl
W
A
EWty-
co
I
I
I
p
U
Q
I
o
a
z
I
0
0
o
U
v)
D
�
W N
�� I
N
46
U
Q
M
z
W F-
^z
oW
ClW
CD
v]
.m
I
z w
b
b
IO A..
0
0
0
7
0
0
z
E
�• O
C o
o �
CHANGE ORDER / CONTRACT REVISION
City of Denton, Texas Owner
Distributed to:
Owner / / Contractor / / Jones and Jeffrey Construction Co.
Bid #4311 PO #146325 Change Order #3
Project:Briercliff Park Construction Dated: 10-2-8-10
Contractor: Jones and Jeffrey Construction Co. Contract Date:10-14-09
3801 E. McKinney
Denton,TX 76208
This Change Order/Revision makes the following changes in this contract.
Add: Add a concrete mow strip under the Soccer Field chainlink fence; 18" wide x 5"
thick, two #3 rebars, 404 linear feet, total 606sf. Dirt excavation, backfill, seed,
establish turf. $5312.00
The Original (Contract Sum)................................................................... $4314058.85
Net Change by previously authorized change orders ........................... $6,884.40,79
The (Contract Sum) prior to this change order ................................. _ $437,943.25
The (Contract Sum) will be (increased) by this change order ................. $5,312.00
The New(Contract Sum) including this change order will $443,255.25
The contract time will be (increased) by.......................................N/A
The date of substantial completion as of the date
ofthis change order therefore is........................................N/A
Jones & Jeffery Construction Co. Inc _ City of Denton
Contractor (as above) Owner
3801 E. McKinney
Address
Denton, Texas 76208
Robert W Jones, Jr. President
Print Name
October 29, 2010
Date
HAWord DocARIdding Forms, Lists and esampleACHANGE ORDER FORM.doc
901-B Texas Street
Address
Denton, TX 76201
Cv-,
Name and Titl
[62A)L.
Date II
JONES & JEFFERY CONSTRUC11ON COMPANY, Inc.
3801 E. WKinney
Denton, Texas 76206
(W) 382-3124 Fax (940) 686-2176
E-Mail: jandl=st@chartermet
GRANGE PROPOSAL
SUBMITTED TO: City of Denton DATE: October 28. 2010
901-13 Texas Street
Denton, Texas 76209 No. Three
ATTN: Bob Tickner PROJECT: Briercliff Park Improvements
Labor and Material to Furnish an 18" X 404' X 5" Mow Strip
5,312.00 1
we rropose hereby to furnish material and labor- complete in accordance with above specifications, the sum of:
Five thousand three hundred twelve & 00/100---------------------- —------- _----- _-_-- dollars $ 5,312.00
RespecNully submitted, Acceptance of Proposal
Jones $ Jeffery Construction Co., Inc.
Robert W. Jones, Jr. - President Owner
"This proposal maybe withdrawn by us if not accepted within 30 days.
All material is guaranteed to be as specified. All work to be complete in —a worlcmanfike manner according to standard
practices. Any alteration or deviation from above specifications involving extra cost will be executed only upon written
orders, and will become an extra charge over and above the estimate, All agreements contingent upon strikes, accidents
or delays beyond our control. Our workers are fully covered by Workman's Compensation Insurance.