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2009-172� ORDINANCE NO. ZUD�� � I� 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 AMOLTNT 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 fumishing 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. ' /�C PASSED AND APPROVED this the '7" — ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: l �� � U APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: 3-ORD 4311 day of ,2009. � , M�RK A. B � GHS, MAYOR ti+ -� _ 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 Citv of Denton of the County of Denton and State of Texas, acting through Geor�e C. Campbell thereunto duly authorized so to do, hereinafter termed "OWNER," and Jones and Jefferv Construction Companv Inc 3801 E. McKinnev 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, CONTR.ACTOR 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 prepazed by: � Kimlev — 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 �. ;� � . v 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 ta�c, withholding, social security t�es, 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, ar 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 Veoue 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 aze 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 CONTR.ACTOR 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 CONTR.ACTOR 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 ternunation 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 f , ^. _ n v IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. � � , s�.�.- ATTEST: APPROVED AS TO FORM: ,- / ,/�� ;, . : . .- . -�. CA-4 Citv of Denton � O BY: �� (SEAL) !\ �l ' E , `���� �'� +�.� � ��, _ - � ��' ',� '``� - � �Vt �='„ _ j \ _ :,�> a ---- `3 � :• u .. . .: MAILING ADDRESS (4�401 38�- 3 i z� PHONE NUMBER (4�0) 56�-a.��� FAX NUMBER BY: . }�i es � den;- TITLE , �ber-� kl ��a1es, �1� PRINTED NAME (SEAL) , " a a � � STATE OF TEXAS § COUNTY OF DENTON § PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That __ Jones and Jefferv Construction Companv, 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, aze 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 stun of money representing additional court expenses, attorneys' fees, and liquidated damages azising 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 accordarice 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. .� "' PROVIDED FURTHER, that if any legal action be filed upon this Bond, exclusive venue ' s�all lie in Denton County, State of Texas. . AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc., accompanying the same, shall in anywise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc. This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Govemment Code, as amended, and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Denton County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Article 7.19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas. IN WITNESS WHEREOF, this instrument is executed in 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: 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.) .� � '� PAYMENT BOND ' ` � STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That Jones and Jefferv Construction Companv, 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 fumish materials for, or perform labor upon, the building or improvements hereinafter refened 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 Au�ust A.D. 2009., for Bid 4311 Briercliff Park Improvements. NOW, THEREFORE, if the Principal shall well, truly and faith.fully 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: �.T� STREET ADDRESS: (NOTE: Date of Payment Bond must be date of Contract. If Resident Agent is not a corporation, give a person's name.) �� � � � � CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Bidder's attention is directed to the insurance requirements below. It is high[y 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 comp[y 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 sha[l 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 cancetled 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. CI - 10 . `�, . SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: All insurance policies proposed or obtained in satisfaction of this Contract shall additionally comply with the fol[owing marked specifications, and shall be maintained in compliance with these additional specifications throughout the duration of the Contract, or longer, if so noted: �X ) (X] A. General Liability Insurance: General Liability insurance with combined single limits of not less than $1,000,00O.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 (XCL� exposures. Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability. Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than $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 �J a /� ' [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 requued. [ ] 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 ' l. , ,-. � [ ] 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. CI - 13 ; � . o 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: CI - 14 , t 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 cunent 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 govemmental 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 providirig 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 Warkers' Compensation Commission, informing all persons providing services on the project that they aze 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, prioc 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; CI - 15 � a - `� . _ � 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 pazagraphs (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. CI - 16 : �, CT OF INTEREST QUESTIONNAIRE For vendor or other person doinq business with local This questionnaire reflects changes made to the law by H.B. 1491, 80th Leg., Regular Session. FORM CIQ OFFICE USE ONLY This questionnaire is being filed in accordance with chapter 176 of the Local Government Code by a I 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. Name of person who has a business relationship with local governmental entity. � Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you fite 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.) 3 Name of local government officer with whom fler has an employment or business relationship. Name of Officer This section, (item 3 including subparts A, B, C 8 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 Govemment 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 � 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 � No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local govemment officer serves as an officer or director, or holds an ownership of 10 percent or more? � Yes � No D. Describe each affiliation or business relationship. Signature of person doing business with the govemmental entity CIQ - 1 Date Adopted 0629rz007 ., � , .� �� � � Project Name: Briercliff Park Improvements Working Days 120 Bid No. 4 311 BID TABULATtOf11 SHEET P.O. No. ttem Spec. Name of Pay Item with Est Unit Bid Amount No. Ifem Unit Price in Words Qua " Unit Price Bid 1 H.33 Fa LoY (30 spaces� 13,500 SF F`�i� eight triousand seven dollers and 00 c�nis r�it 5 4.35 g 58, 725.00 2 DET. 6/Lll Playgrou� Access Ramp 2 Eq Two hundred ninety dollars and 0 0 • cents per unit $ 2 9 5. 0 0 $ 5 9 0. 0 0 3 H.3fi P round Bo er 450 LF F�i�teen t�ousand five ed eve t dollars and 0 0 cerqs per unit g 3 4. 6 0 g 15 , 5 7 0. 0 0 4 H.37 �ir�eer� thousand f ive hundred 6,500 SF twent doilars and 0 0 cents per unit $ 2. 0 8 $ 13 , 5 2 0. 0 0 5 H.38 MuIWJse� rtw/Go�1s 9 LS ' Forty five thousand nine hundre o t e' t dollarsand 00 centsperunit g 45,948.0 45,948.00 6 H.39 Pav�Tion � � , Thirty six thousand four dotlars and 00 ��p�unit � 36, 435. � 36, 435. 00 T H.40 Benches 5 EA Three thousand one hundred doilars and 00 ������ g 629. 00 g 3, 145. 00 8 H.41 � �h�sand�one�hundred 4 � i dollars and . 0 o cents er uNt S 5 4 0. 2 5 $ 2, 161 . 0 0 9 H.A2 Rcnlc Tables under PavBion 7 Eq Five thousand eighty seven doqarsand 85 100 cents runit g 726. 85 g 5, 087.85 10 H.43 ADA Pirnic Tables under Pawiion 1 EA Eight hundred fifty six doUarsand 50/100 centsperunit $ 428.25 g 856.50 91 H.44 Picrric: T�!es v�/ Con rete Pad 2 EA Two thousanc�I one hundred � fort one doUarsand 0 0 cents per unit 5 1, 0 7 0. 5 g 2, 141 . 0 0 12 H.45 ADA Pic �c Tables Yi j/Concrete Pad 2 FA �o t�ousanCl � one hundred donars and 00 '���Pef�� g 1, 057.0 2, 114 .00 I�' , n� Project Name: Brierciiff Park (mprovements Worlting Days 120 BiD TABULATION SHEET Bld No. 4311 P.O. No. �m SPe�• Name of Pay Item with Est EJnit Bld Amount No. ttem Uni! Prlce In Words Quanti Unit Price 8id 13 H.46 Grill w/ Foundation 1 EA Three hundred ei ht six doparsand 0 0 cents r unit $ 3 8 6. 0 0 $ 14 H.47 Backslop � � Five thousand five doAarsand 00 ' cents runit $ 5, 005 . 0 5, 005. 0 15 H-48 �rG�tsousand six hundred 2 �A ei ht doliarsand 00 �� runft g 2, 304. 0$ 4, 608. 0 76 H. 60 Bike Radc � � Five hundred forteen dallarsand cents er unit $ 514 . 0 0 514 . 0 0 17 H.49 5" , rete Sid walk 16,350 " SF F�y eig�t thousand do[lars end 0 0 cerits unit $ 3. 5 5 $ 5 8, 0 4 2. S 0 �8 Fi•50 8' Vnyl Coated Chein Link Fence 400 LF � Ten thousand five hundred doQars and 00 �� ��n� g 26.41 g 10, 564. 00 1� H.51 Grading and Sits Preparation � � Thirty six thousand eight dollars and 00 36,890 cents r unit g g 3 6, 8 9 0. 0 0 20 H.52 Lan¢sqps ar�dolrur'�rgatt'tono s ancl eight � LS Th ry t h dollars and - 00 ce�te unit $ 34, 842 $ 34, 892.00 21 H.54 Drainage 5hudures g� � Three thousand nine hundred twent seven ���� a� 00 cents runit $3, 927.00 $ 3, 927. 00 � H�� 5eventeen��iousand one hundred � LS dollars and 0 0 cents per unit � 17 , 19 5. 0 17 , 19 5. 0 0 23 5G2 �W PPP rtd Erosi Control 1 LS Six t�ousan� H•� thirt f ive �}� a� 00 cents runit $6, 035. 0 $6, 035. 00 24 H.57 S t8een�thou�s�and seven � � dollars and 00 � centsperurot $ 16, 742.0 16, 742 . 00 ��; �!� 4 9 �s ? ( �� Nf N, Ni �� �� �� N i � � =� �� �i �� �! �; p. c ti4 i� Project Name: Brlerclfff Park Improvements Working Days . 12p Bid Mo. BID TABULATION SHEET P.o. No. ttem Spec. Name of Pay Item with Est. UnH Bid Amount No. Ibem Uni! Price in Words QuanUty Unit Price Bid 25 H.58 Paved Ramp For Universal Acce.ss 1 LS Seven hundred fifty ���and 00 �����;� g 750.00 $ 750.00 26 H.59 1&Inch Gravity Sta�e Wa0 t LS Five thousand one hundred ' dollars and 00 . �� ��� g 5, 165. 00 � 5, 165. 00 27 S�1 Trench Safety � 1 LS Seven hundred ninety dofla�sand 00 cents runit S 790.00 g 790.00 28 SG3 Rroject Sign 1 LS �ao hundred f i f t doAars and 250.00 250.00 0 0 cents per unit $ $ 29 SG3 Contractofs Warranifes, Bonds and Underslandings 1 LS Nine thousand eight hundred dollars and 0 0 • ' cents per untt c� 13 , O 10 . 0 13 , O 10 . 0 0 34 Testing Allowance By Alpha Testing, lnc. 1 LS Twenty thousand ��� a� 00 cents per unft $ 20,000.00 $ 20.000.00 31 Contingency Allowance t LS Ten thousand ���e� 00 cents runit $ 10,000.00 $ i0,000.00 Base Bid TOTAL B!D For All [tems � $ 431,058.85 ri r—i r; r� �. � � 0 � �` � � � �� �.' �! �� � � � . � � Lc i _ � S n � BID TABULATiOiV SHEET Item Spec. No. Item Add Alternate Bid [tems provements Name of Pay Item with Unft PrFce in Words Working Days 720 Bid No. 4 311 P.O. No. Est Unit Bid Amount iantity Unit Price Bid 1 H.61 Monument Sfgn 1 LS Eight thousand two hundred dotlars and 00 cents unit $ 8, 250. 00 $$. 250. 00 2 H.62 Stone Columns at Pavillon 1 LS Six thousand nine hundred doUars and 00 csntsperuntt g 6,.920. 0 6, 920. 00 Add Alternates TOTAL BID For A!I Ibems A $ 15,170.00 �a ; ,; G 1� t� • • TOTAL BASE BID PRICE IlV WORDS Four hundred thirtv one � thousand fifty eight & 85/100 -----------------------Dollars TOTAL ADD ALTERNA3'E BID PRICE IN VJORDS Fif teen thousand one hundred seventy & 00/100 ---------------------Dollars [�j� In the event �f the award of a con�ract to the undersigned, the undersigned will fumish a flq� performance bond and a payment bond for the fu}1 amount of the contract, to secure proper compliance with the teruis and provisions of tlie contract, to insure and guarantee the wark � until final completion and acceptance, and Eo guarantee payment for alI Iawful claims for labor perform.ed and materials furnished in the fulfillment of the contract It is understood that ti�e work proposed to be done shall be accepted, whert fu[ly completed �• and finishecf in accordance with the plans and specif cations, to the satisfactioa of the Engineer. � The undersig�ed certifies that the bid prices contained in this proposat have been carefuily checked and are submitted as correct and final. Unit and lump sum price.s as shown for each item listed in this pmposai, shall control over extensions. � The �uidersigned agrees this bid becomes the property of the Ciiy of Denton afrer the offtciat opening. The undersigned affirms that they are duiy authorized to execute this contract. Vendor hereby assigns to purchaser any and all claims for overcharges associated with this contract which arise under the antitrusc laws of the United States, I S USCA Section I et seg., and which arise, u.nder the antitrust laws of the Staie of Texas, Tex. Bus. & Com. Code, Secdon 15.OI, et se . •-d1 P-7 � � u!I � � � W � � � � y i r i .. r- � `wtiry Receipt is hereby aclaiowledged ofthe following adder�da to the plans and specifications: Addend�Uri No. 1 dRted J�e 16 , 2 0 0 9 j��jv� June 17 , 2 0 0 9 Addendum No. 2 dated June 2 2, 2 0 0 9 Received June 2 2� 2 0 0 9 Addendum No. 3 dated Received � Addendum No. 4 dated Received Addendum No. 5 dated Received Jones & Jeffery Construction Company, Inc. ' CO CTOR BY � 'Ro ert W. Jones Presi nt . 3801 E. McKinney S�eec Address Denton, Texas 76208 City and State Seal & Autho�on (If a Corporation) l 94 0) 3 82 - 3124 Telephone P-8 �-- �.: �� r�, � Effeaivz D�ttber 1'. 2003 THE STATE OF TEXAS COUNTY OF DENTON � � � PROJLCT NO. Bid # 4311 CONTRACT TYPE PAYMENT BOND Bond # 4375416 KNOW ALL MEN BY THESE PRESENTS: That Jones and Jeffery ✓ Construction Company, Inc of the City of Denton County of Denton , And the StAte of Texas as pnncipal, 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 ($ a�T058.8� � ) for the payment whereof, the said Principal and Surety bind themselves and their heirs, administrators, erecutors, 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 2� 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 TFIIS 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 ✓ �_ _ - ' _ j, :�: YAYIVI�N1' 130Nll 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 (Vemon, as cunently 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 i' ,; l'A YM�;N'1' t3OiV U IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 31st day of August 20 09 �/ �1c,:,P�, E, �z����� �,-S4 ��_ ���. P�c��., � BY:�� - . TITLE:��.S '. �,_.-� ADDRES S : �3i� i � . t�t� i�. �,, <<� � `i��-�o:�, �X 1�z�,�� -, . _ - : � . ;,�;�•. ` `:' ` �' �� 1 J "_ = (�EAL) : !� ` y^ _ ^� ; ' ' ` ''-,r-;.^^'; `\. SureTec Insuance Company SURETY BY: . , . TITLE: ADDRESS: 5741 Legacy Drive, Suite 210 Plano, TX 75024 Thc namc and address of thc Rcsidcnt Agcnt of Surcty is: Ramey & King Insurance 510 N I-35 E, Denton, Texas 76205 Page 3 of 3 ����� .. _� ...-.«��� ' /```������. '`.._....``�i ���i!�� V `�� 4✓.: ` % ` ._ � � � � �i _ ; (SEAL) = '>-": j �_p : _ ° -` '` \'^ _ _ 9 .a, : `� '�.\ - •c i✓° '• � 3!�:� � i��i � _- � - i- �o����` _ ± �,``\`�� ���/l��..:: '-••.:e��``� d`�'�� A� �Q J► _ ° ,;' _. _ _ _ : _� . roa n: 4221256 . :� _ = Su��'I'�� �Insur�nce �omp�ny = ' LIlVII'TED POi�VElt OF A'I'TORNEY = - - ICnoiv All Men by Tl�ese Presents, That SURETEC INSURANCE COMPAN the "Company"), a corporation duly organized and, existing under the la�vs of the State of Texas, and having its principal office in Houston; Harris County; Texas; does by these rresents make, constitute�and appoint - _ • ' � Jeffrey P: King�Becky McKnight, James E. King of Denton , Texas its true and lawful Attorney(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 . � OneMillion Five Himdred Thousand and no/100Dollars ($1,500,000.00)✓� _ : and to bind the Company tl�ereby 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 ratifyingand confirming all that the said Attomey(s)-in-Pact may do in the premises. Said appointment shall continue in force. until P2/37/09 and is made under and by authority of the following ' resolutions of the Board of Directors of the SureTec lnsurance Company: . Be ir Resoh�ecl, 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 Attorney(s)-in-Fact to represent and act for and on behalf of`the Company subject to the follo�ying provisions: Attornev-in-Facl may be givea full power and authoriry for and in the name of and of behalf of the Company,-fo ezecute, acl:nowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakingsand 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 he binding upon the Company as if signed by the President and sealed and effected bythe Corporate Secretary: � Be itResolved, thaYthe signature of any authorized o�cer and seal oFthe Company heretofore or hereafter affixed to any power ofattorney or - any certificate relating thereto by facsimile, and any power of at[omey or certificate bearing facsimile signature or facsimile sealshall be valid � and trinding upon the Company with respect to any bond or undertaking to ���hich it is attached. (Adopted at a ineeting held on 20`�' ofApril, - 1999:) " . ' . In Witness R'hereof,:SURETEC MSURANCE COMPANY has caused these presents to be si�aned by.its President, and.its corporate�seal to be hereto affixed this 20th day of June, A.D. 2005. � . S�RA��� . ETEC FS°URANCE COMPANY . ���.: •� ... ,, ;F�O � _ , q �. � By, : � - � W: W 7 a€ - B.J. Ki g, reside t - State of Texas ss: �s t, 1 `�,• �.� - �-- County of Harris �....� ' -� " _ - d� . On this 2(lth day of June, A.D. 2005 before me personally came D.J. King, to me known, �<<ho, being by me duly s�vom, did depose and say; that he resides in Houston, Texas, that he is President of SURETEC INSURANCE C0�4PAI`'Y, the company described io- and n�hich executed the above � instrument; that he I:nows 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 [3oard;of Direciors�of.said Company; and that he signed his name thereto by like order. `����rR� �,w`°_� •F�t� . . . - - = Michelle Denny . ,��. f;� _ �_ �"t'Y'� Notory PubllC = \f'-� -� _ *O• - StoteotTexa� '�l(�/1�,1Q� �I.YLIl,�-. . �- : � �� __- `/ �,���* PAV Camtnh�lan �Irss Michelle Denny, Notary Pu lic -.'�\ �> " ' AU(�USf 27, 2008 ' My commission expires August 27,-2008 i;-�Ni .13�en:-l3eaty'',`Assi;tant Secretary of SURETEC INSURANCE COMPAiJY, do hereb�� certify that the above and foregoing is a we and correct copy of a�Po�yer �f Attomey, executed by said Company, �vhich is still in full force and, effect; and furthermore, ihe resolutions of the Board of Directors, set - out in the Power oCAttomey are in full force and effect. • Given under my hand and the seal of said Company at Houston, Texas this ���daya _ � / , 20�, A.D. � nt Sec tary � . . v Any insfrument issued in excessof thepenalty stated above is totally void and.without any validiry. � For verification af the authority of this power.you may call (713) 812-0800 any business day between 8:00 am and 5:00 pm CST. 8��� � a�� - � �-� i � F,fTean�e Dzcember 1°. 20b3 THE STATE OF TEXAS COUNTY OF DENTON � � PROJCCT NO COivTRACT TYPE PERFORMANCE BOND Bid # 4311 Bond # 4375416 KNOW ALL MEN BY TI�SE PRESENTS: .�- .�. -�-� .� .� •��•-� � R�^I�. - ... - :� �� . ��- �-� .� . �: 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 Counry, Texas, hereinafter called "City" in the penal sum of *** ($ 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: WF(EREAS, the Principal entered into a certain contract with Owner, dated the 4th day of August ,?0 09 ,✓�n 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 1 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 dwing the life of tury gutuunty 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 suret�� being hereby waived; then this obligation shall be void; otherwise to remain in ful] force and effect. County. PROVIDED, further, that if any lega] 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, eYtension of time, alteration or addition to the terms of the contract, or to the �vork performed thereunder, or the Plans, Specifications, Drawings, etc., accompanying the same shali in any wise affect its obligation on this bond, and it dces hereby waive notice of any such change, extension of time, alteration or addition to the terms of the CunU�act, or to the work to be performed thereunder. Page 2 of 3 � _� , . PERFORMANCE BOND iN WiTNESS WAEREOF, this instrument is executed in triplicate, each one of which shall be deemed an original, this the 31 st day of August , 20 09 `� PRINCIPAL � �';\Q� E ._�2_.��'r� :.ls-i . ��.. Zl�i•. • \� � ' � •�— �.\ � 1 , �� �4 6 ` ^ �` v _ !` � � '? 1 _ _ ATi;EST: ;; � %. " �^ ...��� - . -. ` �- ` C ; - -�J 1✓ SECRE AR NOTE: SURETY SureTec Insuance Company ✓ BY: Y -FACT �!�` ' "�,����I �t�'' --,�, � d �/i +o�° �_,,,....�✓/• /i�� ..•� . l � ✓' � _ ,; 'd�� � = i i �ti�'�;\�r,, = _ � - � � � � �''• -- ,-••' �. ,,`' J�� � `` s�r'''�� � : �: ���``\\`��� POWER OF ATTORNEY OF SURETY MUST BE ATTACHED. DATE OF BO1�tD 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 i- ����� S� � �� poa a: 4221256 Sur�'I'ec In�ur�nce Company - . . -. Y.IN[I'T�;� PO�VElt OF A'I"I'O�X : Kito►v AlC ll�e�r by T/iese Presents; That SURETEC INSURANCE COMPA'N 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 rresents _make, constitute and appoint - � Jeffrey P. King, Becky McKnight, James G. 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, ackno�yledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include �vaivers 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 ($1,�00,000.00)✓ and to bind the Company thereby as fully and'to the same extent as if such bonds were signed by the President, sealed �vith the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all fhat the said Attorney(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 lnsurance Company: . Be it Resolved, that the President, any Vice-President, any Assistant Vicz-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authoriry to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of thc Company subjec[ to the following provisions: Attornev-i�r-Facl may-be given full power and authoriry for and in the name of and of behalf of the Company, to execute, acl:nowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemniry and other conditional or obligatory undeRakings.and any and all notices and documents canceling or tenninating the Company's liability thereunder, and any such instruments so executed by any such Attomey-in-ract 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 orcertificate bearing facsimile signature orfacsimile seal shall be valid and binding upon fhe Company with respect to any bond or undertaking to which it isattached. (Adopled a! a meeting {reld on 20`�' ojApril, 1999.) � In ff�itness Tf'lieieof, SURETEC [NSURANCE COMPANY has caused these presents to be siened by its President, and its corporate seal to be herero affixed:this 20th day of June, A.D: 2005. . • , s�RaN�� ETEC i CE COMPANY `�a .; .... ,..,, O ` ��t. X...Q .,.�� B}': . - gw : W ��� B.J..Ki g, reside t State ofTexas ss: 7�, 1 y j� � �— - County of Harris `t' �' ...__..: •'' � � ' }� On this 20th day of June, A.D. 2005 before me personally came D.J. King, to me known, who, being by me duly swom, did depose and say, lhat he residcs in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument;�ttiat.fie-I:nows 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 13oa'rd,of:Directors'of s"aid Company; and that he signed his name thereto by like order. �� :,•• .---°--�_-- -_ �` \ .' � 4 -, f � - � ' �\ • / 4. _ i . . . = ��`` ,� � - -_ - Michell� Denny 1 ♦ ,a�A�Y� I�u�� �W � - � I'`\ �� - � � � � � WY1e �� IQiiQ� - ��1 , ' . . (�I J1 P-I �.lL �t��.-�-� _ �• -�\ _ ? � � �s'���r* FJN Comml�ton �51res Michelle Denny, Notary P lic - - � �-•1 _' _'_=:- a� AUgUSF 27."2008 My commission expires August 27, 2008 - ��< < i A -----''��,. `�a � . - ! . �. .� � , ��i 1, N<<Drent.Beaty,yAssistant Secretary oFSURETEC INSURANCE COMPANY, do hereby cenify tha[ the above and foregoing is a true_and correct copy of a Power of Attomey, executed bysaid Company, which is still in full force and effecr, and furthermore, the resolutions of the Board of Directors, set out in the Po�ver of Attornev are in full force and effect. S� Given under iny hand.and tfie-seal ofsaid Company at Houston, Texas this �( day ; 20�,.A.D. - . Brent Bea , sistant Sec tary . i dny instrument issued in excess ofthe penalty stated above is totally void and without any validiry. 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. J��o� : 5t '4`�,.°�R°� CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDlYYYY) 10/2/2009 aROOUCea (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 INSURED Jones 6 Je££ery Construction Co 3801 E. McKinney Denton TX 76208 � INSURERS AFFORDING COVERAGE INSURERA�er1Ca First Insurance Inc iN�RERe:Texas Mutual Ins. Co. ����� INSURER C: INSURER D: NAIC # �a�nrx COVERAGES THE POLICIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTVNTHSTANDING 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, EXCIUSIONS AND CONDITIONS OF SUCH POLIGES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD' POLICY EFFECTNE POLICY EXPIRATION S OF I SU C POLICY NUMBER D M E M DD LIMITS GENERAL LIABILITY EACH OCCURRENCE I 5 �. OOO OOO X CAMMERCIAL GENERAL LIABILITY DAMAG O R ED EMISES Ea ocwrrence I 5 100 000 A � CIWMS MADE � OCCUR 8639479 � 4/5/2009 4/5/2010 MED IXP(Arry rne person) I S 5� 000 PERSONAL 8 ADV INJURY I 5 1 000 000 GENERAL AGGREGATE S Z OOO OOO GENL AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG 5 2 OOO OOO X POLICY n PRO- n LOC I AUTOMOBILE LIABILITY COMBIN� SINGLE LIMIT }� ANY AUTO ✓ I(Ea accident) I S 1� ��� � ��� A ALLOWNmAUTOS '8651331� - 5/1/2009 5�1�201� gpDILYINJURY SCHEDULm AIfTOS (Per person) S HIRED AUT0.S BODILY INJURY 5 NONA`NNED AUTOS (Per acciderrt) PROPERTY DAMAGE 5 (Per acciderrt) I GARAG E LIABILITY AUTO ONLY - EA ACGDINT 5 �ANY AUTO . OTHER THAN � ACC S � � AUTO ONLY: AGG I 5 EXCESS/UMBRELLALIA&LITY EACHOCCURRENCE I5 1 OOO OOO X OCCUR � CWMS MADE AGGREGA7E I S 1 OOO OOO �5 A DEDUCTIBLE 8639679 4/5/2009 4�$�2010 5 X RETENTION 5 , OOOI 5 WORKERSCOMPENSATION B X I NIC STATU- / OTH- AND EMPLOYERS' LIA&LI7Y LORY LIMITS ER ANY PR�RIEfOR/PARTNER/DCECUTNE Y 1 N / .L. EACH ACCIDENT 5 $OO OOO OFFICER/MEMBER EXCLUDED? � / r_ (Mandatory in NH) ITSF0012186201 � 3/14/2009 3/14/2010 E.L. DISEhSE- EA EMPLOYEE S 500 000 �� If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMlT I S SOO OOO OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCIUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS City of Denton is Additional Znsured.� � �w�v�n GHNI:tLLAIIUN (940)349-7302 �m.shaw@cityo£denton.com SHOULDANYOFTHEABOVEDESCRIBEDPOLICIESBECANCELLEDBEFORETHEEXP�RATION Clt�7 of Denton OATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3� DAYS WRITTEN 9O 1 B Texas Street NOTICE TO THE CERTIF�CATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Denton, TX 76201 ACORD 25 (2009/01) INS025 ��ooso�� IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. � AUTHORIZED REPRESENTATIVE ��� ^� Jeff King/JCH � O 1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD � 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 ionn�r�.. ------- -- �--'^-•i IN$02$ (zaoso7) Best's Rating Center - Search Results Page 1 Best's Rating Center States Asia Pacific Canada Europe Search Results Page 1 of 1 ResultsPerPage�20 � 2 Ratetl or non-Rated companies found, results sorted by Company Name Criteria Used: Company Name: Company names starting with america first To refirie your search, please use our Advanced Search or view our Online Help for more information. america first Page 1 of 1 About Con[act Sitemap Rating Center Home Vewresultsstartingwith: ABCDEFGHIJKLMNOPQRSTUVWXYZ ReseLList —` — ..�---_... --'--...'...._..---'-- -`---- -.. _ ._....--- � -- --. .--'--------- —'— '---- - � ---�---'--'-----_ _- Coi pany Information Financial Strength Ratings Issuer Credit Ratings Outlook I Outlook/ � AMBtt - Company Name - Rating � Implication � Long-Tertn � Implication � Short-Term � Domicile I 02186 Amerip First Insurance Camoany A Negative a Negative US: New Hampshire IInsurance - Property/ Casuapy (Operat'ug Company) 12568 America First Llovds Insurance Co A Negative a Negative US: Texas � Insurance • Property/ Casuatly (Operatinp Company) Note: Frnancial St2nqth Ratings as of 14/07/2009 12:31 PM E.S.T. 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AmDesi Roatl, OlCwick, New Jersey, 08858, U.S.A. http://Iwww3.ambest.com/ratings/RatingsSearch.asp 10/7/2009 I ��' ��� :Jii, o �C1 CITY �F DENTON, TEXAS MATERIALS MANAGEMENT / 901-B TEXAS STREET / DENTON, TEXAS 76209 Vendor No 1614629 940/349-7100 FAX 940/349-7302 Shipped From 5hip To JONES & JEFFERY CONSTRUCTION CITY OF DENTON PARKS & RECREATION 3801 E MCKINNEY ST 901 S TEXAS 5T DENTON "I'3C 76208 DENTON TX 76209 UsA Ship To FOB Destination Orde�ed � lb/14/2009 Reques[ed 1071�72�09 �reight Oider Taken By Delivery _ -- -- , --- --- -- --- -- ----- -------------- - --- -�-rt�r�4�' � � { � 'i� ',�� �� Line Rev Description Description Account 5ub Ordered U Unit Line 2 Number Led�er M Price 4 3 CHANGE ORDER # 3 ADD CONCRETE MOW STRIP LS 5,312.0000 40009 ] 916.1360.40100 ltem No Term Due Upon Receipt Tax Rate *NA* P«rchasing Authorization Smith, Karen "Dedicated to Quality Service" www. cityofdenton. com Purchase Order No. I 146325 �� This number must appear on ALL invoices, delivery slips, cases, cartons, boxes, packine slips, and bills. Branch/Plant 400091916 Send original invoice with duplicate copy to: Accounts Payable 215 E McKinney St Denton, TX 76201-4299 Term Net 30 Days Extended Origina] Ty Price OrderNo 5,312.00 TotalOrder �,312.00 Sales Tax ' "fotal Order .00 5,312.00 . CHANGE ORDER / CONTRACT REVISION City of Denton, Texas Owne�r Distributed to: Owner // Contractor // Jones and Jeffrev Construction Co. Bid #4311 PO #146325 Change Order #3 Project:Briercliff Park Construction Dated: 10-28-10 Contractor: Jones and Jeifrev Construction Co. Contract Date:10-14-09 3801 E. McKinnev 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, 4041inear feet, total 606sf. Dirt excavation, backfill, seed, establish turf. $5312.00 The Original (Contract Sum) ................................................................... $431,05$.SS Net Change by previously authorized change orders ........................... �6,�4.44.�9' The (Contract Sum) prior to this change ord�r ................................. $437,9�13.25 The (Contract Sum) will be (increased) by this change order ............. .... $5,312.00 The New(Contract Sum) including Y:his 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 & Jefferv Construction Co. Inc Contractor (as above) 3801 E. McKinnev Address Denfion, Texas 76208 �, '� � �� , ''`•�`r� �� Robert W Jones, Jr. President Print Name October 29. 2010 Date R:\Word DocslBidding Forms� Lists and esempleslCHAIVGE ORDER TORM.dac Citv of Denton 4wner 901-B Texas Street Address Denton, TX 7b201 Cv� l.� S�d�'c °? ✓ 6 Name and Titl �����`� Date � '., JC�NES & JEFFEC�1� �C)I�STRU�T�C�i`J �C�MP�e�`�lY, lr�c. 3809 E.1�4cKinnay Oenton,'Fexas 78208 362-3124 Fax_(9dfl)raBB-2176 E-Mail: jandjcanst�charier,net ��\' ":�►.'•'. , �sao�