2003-052ORDINANCE NO. o O-' 5'5A
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS
CONTRACT FOR THE CONSTRUCTION OF ANEW METAL STORAGE BUILDING AT THE
DENTON MUNICPAL ELECTRIC YARD; PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 2947-METAL STORAGE
BUIDLING AT DME YARD AWARDED TO JONES AND JEFFERY CONSTRUCTION, INC.
IN THE AMOUNT OF $131,638).
WHEREAS, the City has solicited, received and tabulated competitive bids for the
construction of public works or improvements in accordance with the procedures of State law and
City ordinances; and
WHEREAS, the City Manager or a designated employee has received and recommended that
the herein described bids are the lowest responsible bids for the construction of the public works or
improvements described in the bid invitation, bid proposals and plans and specifications therein;
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the following competitive bids for the construction of public works or
improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on
file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto,
are hereby accepted and approved as being the lowest responsible bids:
BID
NUMBER CONTRACTOR AMOUNT
2947 Jones and Jeffery Construction Co., Inc. $131,638
SECTION 2. That the acceptance and approval of the above competitive bids shall not
constitute a contract between the City and the person submitting the bid for construction of such
public works or improvements herein accepted and approved, until such person shall comply with all
requirements specified in the Notice to Bidders including the timely execution of a written contract
and furnishing of performance and payment bonds, and insurance certificate after notification ofthe
award of the bid.
SECTION 3. That the City Manager is hereby authorized to execute all necessary written
contracts for the performance of the construction of the public works or improvements in accordance
with the bids accepted and approved herein, provided that such contracts are made in accordance
with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms,
conditions, plans and specifications, standards, quantities and specified sums contained therein.
SECTION 4. That upon acceptance and approval of the above competitive bids and the
execution of contracts for the public works and improvements as authorized herein, the City Council
hereby authorizes the expenditure of funds in the manner and in the amount as specified in such
approved bids and authorized contracts executed pursuant thereto.
SECTION 5. That this ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the /0 L day of 2003
e"7'Z'i
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: 16,
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY
CONTRACT AGREEMENT
STATE OF TEXAS
§ COUNTY OF DENTON §
THIS AGREEMENT, made and entered into this 18th day of February
A.D., 2003, by and between City of Denton of the County of Denton
and State of Texas, acting through Michael A. Conduff thereunto duly authorized so to do,
hereinafter termed "OWNER," and
Jones and Jeffery Construction Company, Inc.
3801 East McKinney Street
Denton. Texas 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 2947 - Metal Storage Building at DME Yard
in the amount of $ 131,638.00 and all extra work in connection therewith, under the terms as
stated in the General Conditions of the agreement; and at his (or their) own proper cost and expense
to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance,
and other accessories and services necessary to complete the work specified above, in accordance
with the conditions and prices stated in the Proposal and the Performance and Payment Bonds,
attached hereto, and in accordance with all the General Conditions of the Agreement, the Special
Conditions, the Notice to Bidders (Advertisement for Bids), and Instructions to Bidders, as
referenced herein and on file in the office of the Purchasing Agent, and in accordance with the
plans, which includes all maps, plats, blueprints, and other drawings and printed or written
explanatory matter thereof, and the Specifications therefore, as prepared by:
City of Denton
all of which are referenced herein and made a part hereof and collectively evidence and constitute
the entire contract.
CA-1
Independent Status
It is mutually understood and agreed by and between City and Contractor that Contractor is
an independent contractor and shall not be deemed to be or considered an employee of the City of
Denton, Texas, for the purposes of income tax, withholding, social security taxes, vacation or sick
leave benefits, worker's compensation, or any other City employee benefit. City shall not have
supervision and control of Contractor or any employee of Contractor, and it is expressly understood
that Contractor shall perform the services hereunder according to the attached specifications at the
general direction of the City Manager of the City of Denton, Texas, or his designee under this
agreement.
Indemnification
Contractor covenants and agrees to and does hereby indemnify, hold harmless and defend, at
its own expense, Owner, its officers, servants and employees, from and against any and all claims or
suits for property loss or damage and/or personal injury, including death, to any and all persons, of
whatsoever kind or character, whether real or asserted, arising out of the Work and services to be
performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or
invitees, whether or not caused, in whole or in part, by the alleged negligence of the officers,
servants, employees, of the Owner. Contractor likewise covenants and agrees to, and does hereby,
indermrify 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
IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the
year and day first above written.
ATTEST:
ATTEST:
APPROVED AS TO FORM:
City of Denton
BY:
(SEAL)
Jones & Jeffery Const. Co., Inc.
CONTRACTOR
3801 E. McKinney
Denton, Texas 76208
MAILING ADDRESS
(940) 382-3124
PHONE NUMBER
(940) 566-2176
F NUMBER
By.
T LE President
Robert W. Jones, Jr.
PRINTED NAME
ro
CITY ATTO Y
(SEAL)
CA-3
men/ le* 9b ? 2'
PERFORMANCE BOND
STATE OF TEXAS
COUNTY OF DENTON
KNOW AL MEN BY THESE PRESENTS: That Jones & Jeffery Construction
nv. Inc. X ,Twhose address is 3801 E. McKinney Street, Denton, TX , herein
called Principle, and tff.704pMMoul CGS, ✓6corporation organized and existing under the laws of
the State of Texas and fully authorized to transact business in the State of Texas,
as Surety, are held and firmly bound unto the City of Denton, a municipal corporation organized
and existing under the laws o the State of Texas, hereinafter called Owner, in the penal sum of
DOLLARS ($131,638.00 plus ten percent of the stated penal sum as an additional sum of
money representing additional court expenses, attorneys' fees, and liquidated damages arising out of
or connected with the below identified Contract, in lawful money of the United States, to be paid in
Denton County, Texas, for the payment of which sum well and truly to be made, we hereby bind
ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly
by these presents. This Bond shall automatically be increased by the amount of any Change Order
or Supplemental Agreement, which increases the Contract price, but in no event shall a Change
Order or Supplemental Agreement, which reduces the Contract price, decrease the penal sum of this
Bond.
THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal
entered into a certain Contract, identified by Ordinance Number 2003- 052 with the City of
Denton, the Owner, dated the 18th day of February A.D. 2003 oa cc py of which is hereto
attached and made a part hereof, for Bid 2947 - Metal Storage Building at DME Yard ✓
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill all
of the undertakings, covenants, terms, conditions and agreements of said Contract in accordance
with the Plans, Specifications and Contract Documents during the original term thereof and any
extension thereof which may be granted by the Owner, with or without notice to the Surety, and
during the life of any guaranty or warranty required under this Contract, and shall also well and
truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any
and all duly authorized modifications of said Contract that may hereafter be made, notice of which
modifications to the Surety being hereby waived; and, if the Principal shall repair and/or replace all
defects due to faulty materials and workmanship that appear within a period of one (1) year from
the date of final completion and final acceptance of the Work by the Owner; and, if the Principal
shall fully indemnify and save harmless the Owner from all costs and damages which Owner may
suffer by reason of failure to so perform herein and shall fully reimburse and repay Owner all outlay
and expense which the Owner may incur in making good any default or deficiency, then this
obligation shall be void; otherwise, it shall remain in full force and effect.
PB-1
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 4 copies, each one of which shall
be deemed an original, this the 10 day of Febru 2003. ✓
ATTEST: PRINCIPAL
BY: c9,
SEC .T Y
ATTEST:
BY:
Jones & Jeffery Cons . Co. Inc.
BY:
PRESIDENT Robe t Jones, Jr.
SURETY
The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the
process is:
NAME: /l !^1 hGy C41r(A NtAv
4iS
STREET ADDRESS:.;/U I3S I ,wo-✓, r 76265- W 7
(NOTE: Date of Performance Bond must be date of Contract. If Resident Agent is not a corporation, give a
person's name.)
PB-2
FJ\ry\5
ffNe-_ /0 1~k ya SY
PAYMENT BOND
STATE OF TEXAS
COUNTY OF DENTON
KNOW _ALL MEN BY THESE PRESENTS: That Jones and Jeffery Construction
Comuanv. Inc., hose address is 3801 E. McKinne Street
hereinafter called Principal, and i inul~ ('p!~ eA a corporation _r &JA organized and existing under the laws of the State of e y 6_a_ , 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
DOLLARS-($ 131,638.00 ~Ym lawful money of the United States, to be paid in Denton, County,
Texas., for the payment of which sum well and truly to be made, we hereby bind ourselves, our
heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these
presents. This Bond shall automatically be increased by the amount of any Change Order or
Supplemental Agreement which increases the Contract price, but in no event shall a Change Order
or Supplemental Agreement which reduces the Contract price decrease the penal sum of this Bond.
THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal
entered into a certain Contract, identified by Ordinance Number 2003- 052_, with the City of
Denton, the Owner, dated the 18th day of February A.D. 2003 -,'a copy of which is hereto
attached and made a part hereof, for Bid 2947 - Metal Storage Building at DME Yard
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.
PB-3
This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government
Code, as amended, and any other applicable statutes of the State of Texas.
The undersigned and designated agent is hereby designated by the Surety herein as the
Resident Agent in Denton County to whom any requisite notices may be delivered and on whom
service of process may be had in matters arising out of such surety, as provided by Article 7.19-1 of
the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas.
IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of which shall
be deemed an original, this the 18th day of February, 2003
ATTEST:
PRINCIPAL
I Jones & Jeffery C Ist. Co., Inc.
BY: SSECOETA)P BY:
PRESIDENT Qb W. Jones, Jr.
ATTEST:
BY: /L
SURETY
The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the
process is:
NAME:
1 ~l w ro c,r
STREET ADDRESS: '.!/O
(NOTE: Date of Payment Bond must be date of Contract. If Resident Agent is not a corporation,
give a person's name.)
PB-4
CITY OF DENTON
INSURANCE REQUIREMENTS FOR CONTRACTORS
Bidder's attention is directed to the insurance requirements below. It is highly recommended that
bidders confer with their respective insurance carriers or brokers to determine in advance of Bid
submission the availability of insurance 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 eplJ artment, 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 bio! 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.
That such insurance is primary to any other insurance available to the additional
insured with respect to claims covered under the policy and that this insurance
applies separately to each insured against whom claim is made or suit is brought.
The inclusion of more than one insured shall not operate to increase the insurer's
limit of liability.
• All policies shall be endorsed to read:
"SAID POLICY SHALL NOT BE CANCELLED, NONRENEWED OR
MATERIALLY CHANGE WITHOUT 30 DAYS ADVANCED WRITTEN NOTICE
BEING GIVEN TO THE OWNER (CITI) EXCEPT WHEN THE POLICY IS
BEING CANCELLED FOR NONPAYMENT OF PREMIUM IN WHICH CASE 10
DAYS ADVANCE WRITTEN NOTICE IS REQUIRED":
Should any of the required insurance be provided under a claims-made form, Contractor
shall maintain such coverage continuously throughout the term of this contract and,
without lapse, for a period of three years beyond the contract expiration, such that
occurrences arising during the contract term which give rise to claims made after
expiration of the contract shall be covered.
Should any of the required insurance be provided under a form of coverage that
includes a general annual aggregate limit providing for claims investigation or legal
defense costs to be included in the general annual aggregate limit, the Contractor shall
either double the occurrence limits or obtain Owners and Contractors Protective
Liability Insurance.
• Should any required insurance lapse during the contract term, requests for payments
originating after such lapse shall not be processed until the City receives satisfactory
evidence of reinstated coverage as required by this contract, effective as of the lapse
date. If insurance is not reinstated, City may, at its sole option, terminate this
agreement effective on the date of the lapse.
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS:
All insurance policies proposed or obtained in satisfaction of this Contract shall additionally comply
with the following marked specifications, and shall be maintained in compliance with these
additional specifications throughout the duration of the Contract, or longer, if so noted:
[X] A. General Liability Insurance:
General Liability insurance with combined single limits of not less than 500 000 shall
be provided and maintained by the Contractor. The policy shall be written on an
occurrence basis either in a single policy or in a combination of underlying and
umbrella or excess policies.
If the Commercial General Liability form (ISO Form CG 0001 current edition) is used:
• Coverage A shall include premises, operations, products, and completed
operations, independent contractors, contractual liability covering this contract
and broad form property damage coverage.
Coverage B shall include personal injury.
Coverage C, medical payments, is not required.
If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and
ISO Form GL 0404) is used, it shall include at least:
Bodily injury and Property Damage Liability for premises, operations,
products and completed operations, independent contractors and property
damage resulting from explosion, collapse or underground (XCLT) 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 $300,000 either in a single policy or in a combination of
basic and umbrella or excess policies. The policy will include bodily injury and property
damage liability arising out of the operation, maintenance and use of all automobiles and
mobile equipment used in conjunction with this contract.
Satisfaction of the above requirement shall be in the form of a policy endorsement for:
any auto, or
all owned, hired and non-owned autos.
[X] Workers Compensation Insurance
Contractor shall purchase and maintain Worker's Compensation insurance which; in addition
to meeting the minimum statutory requirements for issuance of such insurance, has
Employer's Liability limits of at least $100,000 for each accident, $100,000 per each
employee, and a $500,000 policy limit for occupational disease. The City need not be
named as an "Additional Insured" but the insurer shall agree to waive 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).
[ ] 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.
[ ] Commercial Crime
Provides coverage for the theft or disappearance of cash or checks, robbery inside/outside
the premises, burglary of the premises, and employee fidelity. The employee fidelity
portion of this coverage should be written on a "blanket" basis to cover all employees,
including new hires. This type insurance should be required if the contractor has access to
City funds. Limits of not less than each occurrence are required.
[ ] Additional Insurance
Other insurance may be required on an individual basis for extra hazardous contracts and
specific service agreements. If such additional insurance is required for a specific contract,
that requirement will be described in the "Specific Conditions" of the contract specifications.
ATTACHMENT 1
[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.
1:. The contractor shall obtain from each person providing services on a project, and
provide to the governmental entity:
(1) a certificate of coverage, prior to that person beginning work on the project, so the
governmental entity will have on file certificates of coverage showing coverage
for all persons providing services on the project; and
(2) no later than seven days after receipt by the contractor, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of the project.
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) a certificate of coverage, prior to the other person beginning work on the
project; and
(b) a new certificate of coverage showing extension of coverage, prior to the
end of the coverage period, if the coverage period shown on the current
certificate of coverage ends during the duration of the project;
(5) retain all required certificates of coverage on file for the duration of the project
and for one year thereafter;
(6) notify the governmental entity in writing by certified mail or personal delivery,
within 10 days after the person knew or should have known, of any change that
materially affects the provision of coverage of any person providing 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.
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-hnsurance 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.
BID NUMBER 2947
BID PROPOSALS
City of Denton, Texas 901-B Texas St.
Purchasing Department Denton, Texas 76209
Total Base Bid - Construction of Metal Storage Building
Five (5 percent BID BOND with Bid ___X __yes
$1311L0 38.`°
no
We quote the above f.o.b. delivered to Denton, Texas. Shipment can be made in a-O days from receipt of order. Terms
net/30 unless otherwise indicated.
In submitting the above bid, the vendor agrees that acceptance of any or all bid items by the City of Denton, Texas within a
reasonable period of time constitutes a contract. The complete Bid Proposal must be properly priced, signed and returned.
Address
Den+orn, TX 1laaos
city State zip
(g4o)3sa--:~ ~a4 (446) rr,t.-algt.
Telephone Fax
(1P5 E~('_F~ePU LDnS~, l-a.,-+-b1C.
Bid r/Company
Signa e
I~ober~ ~ , 3ones, 3r,
Print/Type Name
I~e~tden-~-
Title
* *~EP,p Bituminous Casualty Corporation
~r r~W~C 222 W. Las Colinas, N. Tower, Suite 1720, Irving, TX 75039
r~ (972-432-2700)
DATE: 3/2412003
Old Republic Insurance Company (Old Republic) as agent for:
Old Republic Surety Company, Bituminous Casualty Corporation, and
International Business & Mercantile REassurance Co.
TO BE ATTACHED TO AND FORM PART OF CONTRACT BOND NUMBER:
PRINCIPAL: Jones & Jeffery Construction, Inc.
OBLIGEE: City of Denton
RIDER - POLICYHOLDER DISCLOSURE
NOTICE OF TERRORISM INSURANCE COVERAGE
Rider has been provided to Principal and Obligee.
Coverage for acts of terrorism Is included in the captioned bond. You should know that, effective November 26,
2002, under that bond, any losses caused by certified acts of terrorism would be partially reimbursed by the
United States under a formula established by federal law. Under this formula, the United States pays 90% of
covered terrorism losses exceeding the statutorily established deductible paid by Old Republic. The established
annual deductible is equal to 7% of the prior years direct earned premium written by Old Republic for Imes
Incurred in 2003, 10% for losses Incurred in 2004, and 15% for losses incurred in 2005. Payment for a loss will not
exceed the limit of liability under this bond. This bond will not pay for any portion of certified terrorism loss beyond
any applicable annual liability cap set forth in the Act The terms of this rider do not provide coverage for any loss
that would otherwise be excluded by the terms of this band.
As defined in Section 102(1) of the Terrorism Risk Insurance Act of 2002, a certified "act of terrorism" means any
act that is certified by the Secretary of the Treasury, in concurrence with the Secretary of State and the Attorney
General of the United States, to be an act of terrorism. To be certified, the act of terrorism must be: 1) a violent
act or an act that is dangerous to human life, property, or infrastructure; 2) have resulted in damage within the
United States, or outside the United States in the case of an air cater or vessel, or the premises of a United
States mission; and 3) have been committed by an individual or individuals acting on behalf of any foreign person
or foreign Interest, as part of an effort to coerce the civilian population of the United States or to Influence the
policy or affect the conduct of the United States Government by coercion.
You have a right to purchase insurance coverage for losses arising from terrorism, or you may choose to reject
the purchase.
SELECTION OR REJECTION OF TERRORISM INSURANCE COVERAGE
The premium you have been charged for this bond includes terrorism coverage, for a premium of $ 89.00
which you must pay within 30 days of this offer. THE PREMIUM CHARGED FOR THIS COVERAGE DOES NOT
INCLUDE ANY CHARGES FOR THE PORTION OF LOSS COVERED BY THE FEDERAL GOVERNMENT UNDER
THE ACT.
Note! If you reict the coveroae. you must check the box below, sisln this farm, and fetum it to the
address shown above. The premium will be credited.
❑ [hereby elect to have the exclusion of terrorism coverage apply to this bond. I understand that I will have no
coverage for losses arising from acts of terrorism.
The undersigned agrees that this election will apply only to d.
James E. Lee Bond Obll ure
Vice President - Old Republic Insurance Company Ido. JQ.
President- Old Republic Surety Company Print N me
Vice President - Bituminous Casualty Corporation / Io3
Vice President - International Business & Mercantile
REassurance Co. Date
ORSC 22836 (1/2003) Attach to all contract bonds as a cover page.
AGOR CERTIFICATE
OF LIABILITY INSURANCE 03izij2003
PRODUCER (940) 382-9691 FAX (940)243-1050
Ramey & King Insurance
510 North I-35E E
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Denton, TX 7620T-5867
INSURERS AFFORDING COVERAGE
INSURED Jones & Jeffery Construction Co.
INSURER A: Lincoln General
3801 E. McKinney
INSURER B: UNION STANDARD INSURANCE CO.
Denton, TX 76201
ke%1\
NsuRERC: Texas Mutual Ins. Co.
,
NSURER;:
(l•(Y~
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
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
LTR
rypE OFINSURA
POLICY MBER
POLICYEFFECTIVE
DATE MWDDIVI'
POLICY EXPIRATION
DATE MWDD/YY
LIMITS
GENERAL LIABILITY
LRA475071
04/05/2002
04/05/2003
EACH OCCURRENCE
E 1,000,000
X
COMMERCIAL GENERAL LIABILITY
FIRE DAMAGE (Anyone fire)
$ 50,000
CLAIMS MADE FX] OCCUR
MED EXP (Any one person)
$ 5 , 000
A
PERSONAL B ADV INJURY
$ 1,000,000
GENERAL AGGREGATE
$ 2,000,00
GEN'L AGGREGATE LIMIT APPLIES PER:
PRODUCTS - COMP/OP AGG
It 2,000,000
POLICY PRO LOC
JECT
AUT
OMOBILE LIABILITY
A905624820
05/01/2002
05/01/2003
COMBINED SINGLE LIMIT
X
ANY AUTO
(Ea acddenl)
$ 1,000,000
ALL OWNED AUTOS
BODILY INJURY
$
SCHEDULEDAUTOS
(Per person)
B
HIRED AUTOS
BODILY INJURY
$
NON-OWNED AUTOS
(Per accident)
PROPERTY DAMAGE
(Per accident)
$
GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT
S
ANY AUTO
OTHER THAN EA ACC
$
AUTO ONLY: AGG
$
EXCESS LIABILITY
EACH OCCURRENCE
$
OCCUR ❑ CLAIMS MADE
AGGREGATE
$
S
DEDUCTIBLE
S
RETENTION S
$
WORKERS COMPENSATION AND
SFOO12186202
03/14/2003
03/14/200
WC STATU-
X TORYLIMITS PER
C
EMPLOYERS' LIABILITY
E.L. EACH ACCIDENT
$ S00,000
E.L. DISEASE-EA EMPLOYE
$ 500,000
E.L. DISEASE - POLICY LIMIT
$ 500,000
OTHER
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
Bid Number 2947 - Metal Storage Building at DME Yard. City of Denton, its Officials, Agents, Employees
and Volunteers are shown as Additional Insureds✓Said policy shall not be cancelled, nonrenewed or
materially changed without 30 days advanced written notice being given to the Owner (City) except when
he policy is being cancelled for nonpayment of premium in which case 10 days advanced written notice
is requiredr aiver of Subrogation in favor of Additional Insured on the Workers Compensatiohn-policyr--
CERTIFICATE HOLDER X ADDITIONAL INSURED; INSURER LETTER: CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATIO ETHEREOF, THE ISSUING COMPANY WILL *)=001ft MAIL
City of Denton
30 AYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
&>b>KKM~IfK&>b~tl~ilU%XdKMd(~KXdWfX114)61QXA6M14X~KXX
9018 Texas Street
ifi(AHFXdNN(tkDQ( ibXKr XXXXXXX
Denton, TX 76201
AUTHORIZED REPRESENTATNE
Jeff P. King )I L
ACORD 25S (7197) FAX: (940)349-7302 CACORD CORPORATION 1988
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
The Certificate of Insurance on the reverse side of this form 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.