HomeMy WebLinkAbout2004-030ORDINANCE NO. os ag - 0 ,0
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS
CONTRACT FOR THE CONSTRUCTION OF SIDEWALKS FOR MCKINNEY STREET;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN
EFFECTIVE DATE (BID 3119-MCKDMEY STREET SIDEWALKS AWARDED TO
QUANTUM CONTRACTING, INC. IN THE AMOUNT OF $70,628).
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
3119 Quantum Contracting, Inc. $70,628
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 of the
award of the bid.
SECTION 3. That the City Manager is hereby authorized to execute all necessary written
contracts for the performance of the construction of the public works or improvements in accordance
with the bids accepted and approved herein, provided that such contracts are made in accordance
with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms,
conditions, plans and specifications, standards, quantities and specified sums contained therein.
SECTION 4. That upon acceptance and approval of 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 -kz day of.J �2004.
('-' Cu v►t,G 19744,
EULI E BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY
1-0R
CONTRACT AGREEMENT
STATE OF TEXAS
§ COUNTY OF DENTON §
THIS AGREEMENT, made and entered into this 3rd day of February
A.D., 2004, 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
Quantum Contracting, Inc.
Rockwall, Texas 75087
of the City of Denton County of Denton and State of Texas , hereinafter
termed "CONTRACTOR."
WTTNESSETH: 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 3119 — McKinney Street Sidewalks
in the amount of $ 70,628.00 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:
all of which are referenced herein and made a part hereof and collectively evidence and constitute
the entire contract.
[K=1
Independent Status
It is mutually understood and agreed by and between City and Contractor that Contractor is
an independent contractor and shall not be deemed to be or considered an employee of the City of
Denton, Texas, for the purposes of income tax, withholding, social security taxes, vacation or sick
leave benefits, worker's compensation, or any other City employee benefit. City shall not have
supervision and control of Contractor or any employee of Contractor, and it is expressly understood
that Contractor shall perform the services hereunder according to the attached specifications at the
general direction of the City Manager of the City of Denton, Texas, or his designee under this
agreement.
Indemnification
Contractor covenants and agrees to and does hereby indemnify, hold harmless and defend, at
its own expense, Owner, its officers, servants and employees, from and against any and all claims or
suits for property loss or damage and/or personal injury, including death, to any and all persons, of
whatsoever kind or character, whether real or asserted, arising out of the Work and services to be
performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or
invitees, whether or not caused, in whole or in part, by the alleged negligence of the officers,
servants, employees, of the Owner. Contractor likewise covenants and agrees to, and does hereby,
indemnify and hold harmless Owner during the performance of any of the terms and conditions of
this Contract, whether arising out of in whole or in part, any and all alleged acts or omissions of
officers, servants, or employees of Owner. The provisions of this paragraph are solely for the
benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise,
to any other person or entity.
Choice of Law and Venue
This agreement shall be governed by the law of the State of Texas and venue for its
construction and enforcement shall lie in the courts of Denton County, Texas.
The CONTRACTOR hereby agrees to commence work on or after the date established for
the start of work as set forth in written notice to commence work and complete all work within the
time stated in the Proposal, subject to such extensions of time as are provided by the General and
Special Conditions.
The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown
in the Proposal, which forms a part of this contract, such payments to be subject to the General and
Special Conditions of the Contract.
CA-2
IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the
year and day first above written.
ATTEST:
ATTEST:
0) A6%rU-
City of Denton
OWNE
BY:
(SEAL)
QUANTUM CONTRACTING, INC.
CONTRACTOR
QUANTUM CONTRACTING, INC.
P 0 80XA3^
ROCKWALL, TEXAS 75087
MAILING ADDRESS
9;a—IU 95l/
PHONE NUMBER
I
FAX NUMBER
R.J. Evans, Jr.
By. Vice President
WJTUns, Jr. . .
Vice President
APPROVED AS TO FORM: PRINTED NAME
(SEAL)
CITY ATTORNE
CA-3
PERFORMANCE BOND
STATE OF TEXAS §
COUNTY OF DENTON §
Bond Number 4342927
KNOW ALL MEN BY THESE PRESENTS: That Quantum Contracting, I7nc.✓
whose address is P.O. Box 430, Denton, TX, t�
herein called Principle, and nmurance a
corporation 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 of the State of
Texas, hereinafter ca d Owner, i the penal sum of Seventy Thousand Six Hundred Twentv
Eight DOLLARS 70,628.00) lus 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 2Q04-030 with the City of Denton,
the Owner, dated the 3rd day of February A.D. 2 004 a copy of which is hereto attached
and made a part hereof, for Bid 3119 — McKinney Street Sidewalks.
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.
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 execute in 4 copies, each one of which shall
be deemed an original, this the 3rd day of February. 2004
ATTEST:
BY: V 1)ty�
SECRETARY
PRINCIPAL
Quantum Contracting, Inc.
R.J. Eva s, Jr.
B Vice resident
S T
SURETY
Suretec Insurance ComDan
BY:
RNEY i -F
C an Morgan
The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the
process is:
MNF\TI_4
STREET ADDRESS: 9400 N.Central Expressway, Suite 950 Dallas, TX 75231-5044
(NOTE: Date of Performance Bond must be date of Contract. If Resident Agent is not a corporation, give a
person's name.)
V\l
PAYMENT BOND
STATE OF TEXAS §
COUNTY OF DENTON § Bond Number 4342927
KNOW ALL MEN BY THESE PRESENTS: That Ouantum Contracting. Inc.,✓whose
address is 3801 E. McKinney Street 11 , hereinafter
called Principal, and Suretec Insurance Company _, a corporation 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 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.,($70.628.00)` rn lawful money of the United States, to be paid in Denton, County,
Texas, for the payment o f 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 Numb12004- 030 with the City of Denton,
the Owner, dated the 3rd day of February A.D. 2004✓, a copy of which is hereto attached and
made a part hereof, for Bid 3119 — McKinney Street Sidewalks. —/
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.
12-1-I
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, Vemon's Annotated Civil Statutes of the State of Texas.
IN WITNESS WHEREOF, this instrument is executed' ' 4 copies, each one of which shall
be deemed an original, this the 3rd day of February, 2004.✓
ATTEST:
1 1'
BY: 2�^ ���1�Quantum Contractin Inc.
2 R.J. Evans, Jr.
SECRETARY BY: Vice P ident
SIDEi
ATTEST:
SURETY
Suretec IngUrance Company
By
ORNEY _ C
Cagan Morgan
The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the
processis
NAME: K & S Group, Inc.
STREET ADDRESS: 9400 N. Central
Suite 950 Dallas, TX 75231-5044
(NOTE: Date of Payment Bond must be date of Contract. If Resident Agent is not a corporation,
give a person's name)
1. 6
Sure�et
POWER OF ATTORNEY
Know All Men by These Presents, That SURETEC INSURANCE COMP the "Company"), a corporation duly organized and
existing under the laws of the State of Texas, and having its principal office in Houston,,Harris County, Texas, does by these presents
make, constitute and appoint ✓/
Richard W. Daiker, Jerry A. Kilter, Cagan Morgan, Tony Fierro, Luke R. Krawietz
of Fort Worth, Texas its true and lawful Attomey(s)-in-fact, with full power and authority hereby conferred in its name, place and
stead, to execute, acknowledge and deliver any and a bonds, recognizances, undertakings or other instruments or contracts of
suretyship to include waivers to the conditions o ontracts and consents of surety, providing the bond penalty does not exceed
Five Million Dollars and no/100s (S5,000,000 and to bind the Company thereby as fully and to the same extent as if such bonds
were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and
confirming all that the said Attomey(s)-in-Fact may do in the premises. Said appointment is made under and by authority of the
following resolutions of the Board of Directors of the SureTec Insurance Company:
Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant
Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as
Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions:
Attorney -in -Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute,
acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or
obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder,
and any such instruments so executed by any such Attomey-in-Fact shall be binding upon the Company as if signed by the
President and sealed and effected by the Corporate Secretary.
Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any
power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile
signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it
is attached. (Adopted at a meeting held on 20" of April, 1999.)
In Mrness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its
corporate seal to be hereto affixed this 11 th day of June, A.D. 2002.
SURETEC INSURANCE COMPANY
Corporate Seal ®r4;
By
State of Texas Job px, Jr.,
County of Hams as: President'
On this 1 Ith day of June A.D. 2002 before me personally came John Knox; Jr., to me known, who, being by me duly swom, did
depose and say, that he resides in :Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company
described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument
is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto
by like order. -
ooamt u. twikz
n A
Notary Seal •4•r Donna U. Ibanez,. Notary E he
�usatt'aeas My commission expires,June 11, 2006
1, Michael P. Whisenant, Vice President and Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the
above and foregoing is a true and correct copy of a Powerof Attorney, executed by said Company, which is still in full force and
effect; and furthermore, the resolutions, of the Board of Directors, set out in the Power of Attorney are in full force and effect
i'
1 Wimess Whereof, I hav�e,reunto set my hand and affixed the seal of said Company at Houston, Texas this__ day of
Corporate Seal s 9 op Michael P. Whisenaut,
Vice President, Assistant Secretary
3�5
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 disqualifiedfrom award of the contract. Upon bid award, all insurance
requirements shall become contractual obligations, which the successful bidder shall have a duty to
maintain throughout the course of this contract.
STANDARD PROVISIONS:
Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall
provide and maintain until the contracted work has been completed and accepted by the City of
Denton, Owner, the minimum insurance coverage as indicated hereinafter.
As soon as practicable after notification of bid award, Contractor shall file with the Purchasing
Department satisfactory certificates of insurance, containing the bid number and title of the
project. Contractor may, upon written request to the Purchasing Department, ask for clarification
of any insurance requirements at any time, however, Contractors are strongly advised to make
such requests prior to bid opening, since the insurance requirements may not be modified or
waived after bid opening unless a written exception has been submitted with the bid. Contractor
shall not commence any work or deliver any material until he or she receives notification that the
contract has been accepted, approved, and signed by the City of Denton.
All insurance policies proposed or obtained in satisfaction of these requirements shall comply
with the following general specifications, and shall be maintained in compliance with these
general specifications throughout the duration of the Contract, or longer, if so noted:
Each policy shall be issued by a company authorized to do business in the State of
Texas with an A.M. Best Company rating of at least A.
Any deductibles or self -insured retentions shall be declared in the bid proposal. If
requested by the City, the insurer shall reduce or eliminate such deductibles or
self -insured retentions with respect to the City, its officials, agents, employees and
volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and
related investigations, claim administration and defense expenses.
• Liability policies shall be endorsed to provide the following:
•• Name as additional insured the City of Denton, its Officials, Agents, Employees
and volunteers.
•• 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 (CITY) EXCEPT WHEN THE POLICY IS
BE17VG CANCELLED FOR NONPAYMENT OF PREMIUM IN WHICH CASE 10
DAYS ADVANCE WRITTENNOTICE 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 50$ 0,000 shall
be provided and maintained by the Contractor. The policy shall be written on an
occurrence basis either in a single policy or in a combination of underlying and
umbrella or excess policies.
If the Commercial General Liability form (ISO Form CG 0001 current edition) is used:
• Coverage A shall include premises, operations, products, and completed
operations, independent contractors, contractual liability covering this contract
and broad form property damage coverage.
• Coverage B shall include personal injury.
• Coverage C, medical payments, is not required.
If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and
ISO Form GL 0404) is used, it shall include at least:
• Bodily injury and Property Damage Liability for premises, operations,
products and completed operations, independent contractors and property
damage resulting from explosion, collapse or underground (XCU) exposures.
• Broad form contractual liability (preferably by endorsement) 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 Cityby 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 T exas Labor C ode and rule 2 8TAC 110.110 o f the T exas W orker's C ompensation
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' R isk Insurance, o n an All -Risk f orm f or 100% o f the completed v alue s hall b e
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 t he c overage p eriod sh own o n t he c ontractor's c urrent c ertificate o f c overage 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:
(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 e ach p roj ect 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 staring 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 c lassification codes and p ayroll
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 p aragraphs (1) -( 7), w ith t he c ertificates o f coverage t o b e p rovided t o t he
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 carver 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.
DRC. 12 '03 (FELL) OZ'1,9 CITY OF DFNTON PURCHASING 940 349 7302 PAGr-lr%T'
r
Project Name: McKinney Street Sidewalks
ATTACHMENT / AD1
BID TABULATION SHEET
Work Days
Bid No.
P.O. No.
45
3119
Item
I Description
I Quantity
Unit
Unit Price Total
1.21
Contractors Warranties and Understandings
I
LS
Unit Price In Words /gyp
3-B
Remove and Dispose of Concrete Club & outterl
165 LF
/
S LF
G
T !
Unit Price In Words
3-C
Remove Concrete Sidewalks and Driveways410
SY
S �' / SY
s
Unit Price In Words
3.1
Preparation of Right of Way
1 I LS $ / LS
ISI
poat9
Unit Price In Words xxpall!
33 Unclassified Excavation 150 1 Cy Is Ja L- / CY
$
Unit Price In Words
3.7 Compacted Fill / Emabnkment
75 CY S //ig 00 / CY
$
Unit Price In Words
3.9 Block Sod 279
SY
$,56 / SY
IS
Unit Price In Words
3.12
ITempomry Erosion Control I ( 1. LS
Bo
S IZ590 LS ISX0
,[-/
Unit Price In Words
5.7-B
As halt Pavement Patch Materiel C
23 TN $ 60 / 1W
$ Q
Unit Price In Wo
8.1
Barricades, Warning Signs and Detours 1
J LS
J S Qo� / LS
00
J�
Unit Price In Word
8.2-A Concrete Curb and Gutter $5
LF
00
$ - 1 LF
e�
is J A5P
Unit Price In Words
8.2-A,
Plans Concrete Curb At Edge Of Sidewalk 105 LF LF
Unit Price In Words �/y!d
SP-100,
Plana
Cone. Retaining Wall At Ed a OfSidewalk
210
SF
�
$ / SF
pD
Unit Price In Words
P-3
DEC.12 '03 (FRI) 02:19 CITY OF DENTON PURCHASING 940 349 7302
Project Name: McKinney Street Sidewalks
ATTACHMENT 1-AD1
BID TABULATION SHEET
"DAG . 6/6
Work Days 45
Bid No. 3119
P.O. No.
ltetn
Description
Qua
junitl
Unitprice
Total
=Driveway6"
396
SY
I $
(R
/ SY
$ M
all
Unit Price In Word
83A-1
4" Concrete Sidewalk- Standard
636
SY
$
/ SY
35a
Unit Price In Word
8.3A-2
4" Concrete Sidewalk -Flared Re
EA
$
ab
'r
Unit Pricc In Words
8.3A-3
4" Concrete Sidewalk -Curb Return Ramp
19
EA
S
/ EA
IS
Unit Price In Words
SP-2
Concrete Saweut
Pr
380
LF
S
/ LF
S
oD
Unit Price In Words
SP-27
Service Adjustments
8
EA
S
/ EA
$(�
Unit Price In Words /i2ei
SP-15B
Adjust Existing Manholc
1
I EA
S
/ EA
S
Unit Price In Words.
SP-39
Project Si s
2
EA
IS
�_
D
/ FA
$ Q
Unit Price In Words
- �//�
SP-43
JASPhalt Saw Cut
740
LF
IS / S�
J LF
LS1
00
Unit Price In Words
TOTAL
$
R4
TOTAL BASE BID PRICE IN
In the event of the award of a contract to the undersigned, the undersigned will furnish a
performance bond and a payment bond for the full amount of the contract, to secure
proper compliance with the terms and provisions of the contract, to insure and guarantee
the work until final completion and acceptance, and to guarantee payment for all lawful
claims for labor performed and materials furnished in the fulfillment of the contract.
It is understood that the work proposed to be done shall be accepted, when fully completed
and finished in accordance with the plans and specifications, to the satisfaction of the
Engineer.
The undersigned certifies that the bid prices contained in this proposal have been carefully
checked and are submitted as correct and final.
Unit and lump sum prices as shown for each item listed in this proposal, shall control over
extensions.
P-5
Receipt is hereby acknowledged of the following addenda to the plans and specifications:
Addendum No. 1 dated
Addendum No. 2 dated
Addendum No. 3 dated
Addendum No. 4 dated
Addendum No. 5 dated
Z /f7 — O
QUANTUM CONTRACTING, INC.
CONTRACTOR
BY
Received
Received
Received
Received
Received
UUANTUM CONTRACTING, INC.
P.O. BOX 430
ennyuu , rng,n 7enm.
Street Address
City and State
Seal & Authorization
(If a Corporation) 992— V11— d9tS—//
Telephone
DEC.12 '03 (FRI) 02+1e CITY OF DENTON PURCHAaryo 940 349 7302 PAGE. 3/6
BID # 3119
ADDENDUM # 1
Please include the attached Addendum 1- Pages 1- 3 in your bid.
There are no other changes at this time.
This form should be signed and returned with your bid
R.J. Evans, Jr.
Name: Vice President
Signature:
Company:
2711e: P.O. BOX 430
Date:
Bid Bond
SURETY DEPARTMENT
Conforms with the American Institute of
Architects, A.I.A Documents No. A-310
KNOW ALL MEN BY THESE PRESENTS,
That we, Ouantum Contractine. Inc. as Principal
hereinafter called the Principal, and Suretec Insurance Comoanv a corporation created and
existing under the laws of the State of Texas whose principal office is in Houston as Surety, hereinafter
called the Surety, are held and firmly bound unto Citv of Denton as Obligee,
in the sum of FIVE PERCENT OF THE GREATEST AMOUNT BID
hereinafter called the Obligee,
Dollars (5 5% GAB )
for the payment of which sum, well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors,
administrators, successors and assigns, jointly and severally, firmly by these presents
Whereas, the Principal has submitted a bid for McKinney Street Sidewalks
NOW, THEREFORE, if the Obligee, shall accept the bid of the Principal and the Principal shall enter into a contract with the
Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or contract
documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and
material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such contract and give such bond
or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in
said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by
said bid, then this obligation shall be null and void, otherwise to remain in full force and effect
Signed and sealed this 186 day of December . 2003
Ouantum Contractine. Inc.
i ci f
R.J. Evans, Jr.
By Vice President (SEAL)
SureTec
pOWER OF ATTORNEY oration duly organized and
the "Company'7' a °O� does by these presents
CE COMPA. ( County, Texas,
These Presents, That SUItETEC INSURAN al office in Houston, Harris
State of Texas, and having its P�cip awietz
Snow All Men 6y Tony Fierro, Luke R. Kr
existing under the laws Of the Ca an Morgan, a lace and
make, constitute and appointDaiket, Jerry A. ICiker, S d authority hereby conferred in its name, P
Richard W. c with full power an s re other instruments or contracts of
d lawful Attomey(s)-in-fa k nces, undertaking the bond pensIV does not exceed
Texas its true an and all bonds, recognize pro and
ds
of Fort Worth, acknowledge and deliver Y thereby as fully and to the same extent as if such bon
Company duly attested by its Secretary, hereby ratifying
the
and
stead, to execute, an and under and by authority
surety P006,(100)and to bind the ointment is made
ahi to include waivers to the conditionof contracts and consents ° Surety,
the President, sealed wntlt 1}10 corporate seal ofreem s Said app Assistant
Five Million Dollars and no1100s (55,do in the P Secretary or any
were signed 11 said Attorneys) -in -Fact may nce ComPanY' ersons as
confirming all that theDirecAssistant Vice-president, oYor more suitable P
Vice -President, any to appoint any rovisions:
following resolutions of the Bolt the President, faII a See l power and authority ia following P to execute,
Be it Resolved, vested with of the Company subject
secretary shall be and la hereby act for and onbehelf for the name of and of behalf of thae�CotheTnc nditional or
Attorneys) -in Fact to represent and power and authority a menu or indemmtY s liability thereunder,
be given full p ces, contracts, g the ComPanY if signed by the
Attorney-in-F�t may g and all bonds, rec°g° or terminating on the CO
acknowledge and deliver, any and all notices and documents canceling
undertakings and Y en such Attorney in shall be binding nP r affixed to any
obligatory instruments so executed by Y a y heretofore or hereafter facsimile
and any such d effected by the Corporate secretary. and seal of the Come Y ey or certificate beating
authorized and any power of attorney to which It
President and that the signature of any at thereto by facsimile, with respect to any bond or undertaking
Be it Resolved, or any certificate relaiantigd binding upon the Company
power of attorney n 1999.) by
its President, and its
Signature or facsimile seal shalh d on 20's of AP .L resents to be signed
is attached. (Adopted at a meeting these p
sURETEC INSURANCE COMPANY has caused Y
ereo of June, A.D. 2002- SURETEC INSURANCE CObLpAN
in Witness Wh f, ed this llth day
corporate seal to be hereto affix
� BY
Corporate Seal u 4 cOi t
W q>'
m W e fe p ir.,
* Presidedt sworn, did
who, being by me duly '
state of Texas ss: the company
county of Hama personally came John Knox, Jr., to me knownNCE COMPANY.
2002 before me P ,that he is President of sURETEC IN that the seal affixed to said isLgtth°e to
On this llth day of June A.D. knows the and that he signed his name thereto
� that seal of said Company:
depose and say. that he resides inHouston, Texas, �
so affixed by order of the Board of Directors of said Company:
described in and which executed
ate a above inatrum t c
is such corporate seal: the �006
by like order. 05E
onna'U. Ibanez, . s June 11,
My commission exp that the
do hereby certify
Notary Seal TEC INSURANCE COMPAI 1Y, l force and
Of SURE said Company, which is still in fill
Assistant secretary executed by are in full force and efferrrcl�," 1 L_
,enant, Vice President and Aas of a Power.of Attorney, Power of Attorney t y �y of
I, Michael P. le �d correct copy out in the T —
above and d foregoing a the resolutions of the Board of Directors• a y at Houston, Texas this
effect; furthermore, affixed the seal of said Comp Y
hand and A.D. /►Fie` n
In Wimess Whereof, I have hereunto net my -. 1T
20 urUNog
° got Michael P. WhiA Assistant
,
Aasiat
Vice President, ant Secretary
Corporate Seal
r
ACORD CERTIFICATE OF LIABILITY INSURANCE
oziii%2 41
PRODUCER (972) 771-4071 FAX (972) 771-4695
K & S Insurance Agency
P 0 Box 277
701 Justin Road
Rockwall, TX 75097
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.
INSURERS AFFORDING COVERAGE
NAIC #
INSURED Quantum Contracting, Inc.
P 0 Box 430 (�
Rockwall, TX 75087 \
INSURERA: National Fire Insurance Co.
20478
INSURERS: Valley Forge Insurance Co.
20508
INSURERc: Transportation Insurance Co.
20494
INSURER D:
NSURER 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.
ILTR NSR
DD'
7ypE OF INSU NCE
POLICY NUMBER
Y EFFECTIVE
11�22�2003
POLICY EXPIRATION
LIMITS
GENERAL LIABIUTII�
C2049830485
11/22/2004
EACH OCCURRENCE
$ 1,000,000
X COMMERCIAL GENERAL LIABILITY
DAMAGETO RENTED
$ 50,00
CLAIMS MADE [ij OCCU
-
$ 5,000
MED EXP (Any one person)
A
X Contractual Liab
PERSONAL & ADV INJURY
$ 1,000,00
X
CG2503
GENERAL AGGREGATE
$ 2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER:
PRODUCTS - COMP/OP AGO
$ 2,000,000
POLICY X JECT LOC
AUTOMOBILE
LIABIy�
ANY Aw-/
BUA1075527589
11/22/2003
11/22/2004
COMBINED SINGLE LIMIT
(Ea accident)
$
1,000,00
X
BODILY INJURY
person)
$
B
ALL OWNED AUTOS
SCHEDULED A
HIRED AUTOS
NON -OWNED AUTOB
X
BODILY
(Per accident)
$
X
PROPERTY DAMAGE
(Per accident)
$
GARAGE
GARAGE LIABILITY
AUTO ONLY -EA ACCIDENT
$
ANY AUTO
THAN EA ACC
AUTO ONLY: AGO
$
$
EXCESSIUMBRELLA LIABILITY
OCCUR CLAIMS MADE
EACH OCCURRENCE
$
AGGREGATE
$
$
DEDUCTIBLE
$
RETENTION S
WORKERS COMPENSATION AND
WC107552759
11/22/2003
11/22/2004
X I wC STATU-
OTH-
C
EMPLOYERS' LIABILITY
ANV PROPRIETOR/PARTNER/EECU IVE
OFFICER/MEMBER EXCLUDED?
Ryes, describe under
SPECIAL PROVISIONS below
E.L. EACH ACCIDENT
$ 1,000,000
E.L. DISEASE - EA EMPLOYEE
$ 1,000,000
E.L. DISEASE - POLICY LIMIT
$ 1,000,00
OTHER
SCRIP71 N OF OPERATIONS I kOCATIONS/VEHICLES/FBI LUST ADD ENDORSEMENT/SPECIAL PROVISIONS
: BT 3119 - McKinney Street Sijewa��Cs Yt
Denton, its officials, agents, eemployees and volunteers are sllIown as additional insureds on
[eneraland auto liability policies as required by.written contract.✓City o+� its officials,
ents, employees and volunteers are shown waivere£subrogation on workers' compensation as required
written contract.✓ *Except 10 days notice for non-payment of premium.
City of Denton`
901E Texas Street
Denton, TX 76201
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES
EXPIRATIOtJpATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL
*30✓DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
ACORD 2512007mR1 FAX:
349-7302
Ri
h An ^Mn 4000