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2004-030AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF SIDEWALKS FOR MCK]NNEY STREET; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 3119-MCKINNEY 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 3119 CONTRACTOR Quantum Contracting, Inc. AMOUNT $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 ora 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. ~^~s~~ov~th~.~ dayo~ ~~.~oo~. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: ~ IX)RD-Bid 3119 ~/~ CONTRACT AGREEMENT STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT, made and entered into this __ A.D., 2004, by and between and State of Texas, acting through hereinafter termed "OWNER," and Quantum Contracting, Inc. P.O. Box 430 3rd day of February City of Denton of the County of Detaon Michael A. Conduff thereunto duly authorized so to do, Rockwall, Texas 75087 of the City of Denton termed "CONTRACTOR." , County of Detaon and State of Texas , hereinafter 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 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: Cityof 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, with_holding, 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 govemed 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. BY: City of Denton ATTEST: (SEAL) OUANTUM CONTRACTING, INO. CONTRACTOR QUANTUM CONTRACTING, INC. P.O. Rn'/aqn ROCKWALL TEXAS 75087 APPROVED AS TO FORM: BY: MAILING,ADDRESS ?~-7 71- PHONE NUMBER Z,~- ??/-//4.5 ~~ Vice President Vice President PRINTED NAME (sE~J~) CA - 3 PERFORMANCE BOND STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That Bond Number 4342927 Quantum Contracting, Inc.`/ whose address is P.O. Box 430, Denton, TX, herein called Principle, and~nmpmnygUretec ~r--I~urance 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 card Owner, i2r~the penal sum of Seventy Thousand Six Hundred Twenty Eight DOLLARS'($70.628.0Q)~lSlus 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 A~eement, which increases the Contract price, but in no event shall a Change Order or Supplemental A~eement, 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 2J104-030 with the City of Denton, the Owner, dated the 3rd day of Februarv A.D. 2004w"~ ~,, a copy of which is hereto attached and made a part hereof, for Bid 3119~v Street Sidewalks. NOW, THEREFOR.E, 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 t he Plans, Specifications and Contract Documents during t he original term t hereof and any extension thereof which may be granted by the Owner, with or without notice to the Surety, and during the hfe 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 a~eements 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 ail 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 obhgation shall be void; otherwise, it shall remain in full force and effect. PB - I 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, Vemon's Annotated Civil Statutes of the State of Texas. bi WITNESS WHEREOF, this instrument is execute, sd-in 4 copies, each one of which shall be deemed an original, this the 3r~d day of February, 2004.`/ ATTEST: PRk-NC~AL BY: SECRETARY Quantum contracting, Inc. y~~ R.J. Eva~ns, Jr. SURETY Suretec Ij~z~ance Company The Resident Agent of the Surety in Denton County, Texas for delivery of notice and Service of the process is: NAIv[E: K & S Group, Inc. 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.) PB - 2 PAYMENT BOND STATE OF TEXAS COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That address is 380I E. McKinne¥ Street / called Principal, and Suretec Insurance Company~/ Bond Number 4342927 0uantum Contractinm Inc./whose hereinafter ., 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, finns, and corporations who may furnish materials for, or perform labor upon, the building or improvements hereinafter' refen:ed to, in the penal sum of SevenW / ThousancJ/ Six Hundred Twenw Ei_~ht DOLLARS.,('$70.628.00)~i~n 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 ~vhich 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 tkis Bond. THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain Contract, identified by Ordinance Numbe/r 2004- 030 with the City of Denton, the Owner, dated the 3rd day of February A.D. 20041,-/~ ~, a copy of which is hereto attached and made a part hereof, for Bid 3119 - McKirme¥ Street Side~valks. J~ 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 FLrRTHER, 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 obhgation 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 Govermment 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~a 4 copies, each one of ~vhich shall be deemed an original, this the 3rd day of February, 2004. ATTEST: PRINC~AL BY: SECRETARY Quantum Contractingt Inc. ~k R.J. Evans, Jr. ATTEST: SURETY Suretec Insurance Compa~ny B Cigan Norgan~ ~ ' The Resident Agent of the Surety in Denton County, Texas for delivery of notice an~t servici of the process is: : NAM-E: K & S Group, Inc. STREET ADDRESS: 9400 N. Central Expressway, 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.) PB - 4 S u r eTe c POWER OF ATTORNEY Know All Men by These Present~, That SURETEC INSURANCE COMPAN~e "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Ho~ston,.Harris County, Texas, does by these presents make, constitute and appoint .~. Richard W. Duiker, Jerry A. Kiker, Cagan Morgan~ Tony Fserro, Luke R. Krawie~z of Fort Worth, Texas its a'ue end lawful Arcomey(s)-in-fact, with full power end authority hereby conferred in its name, place and stead, to execute, aoknowledge end deliver any and a/Il bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the nandlflons o~ontraets and eonsent~ of surety, providing the bond penalty does not exceed Five Million Doilurs and no/100s ($5,000,000)~and to bind the Compeny thereby as fully end to the same extent as if such bonds were signed by the Presidem, sealed with the corporate seal of the Compeny and duly attested by its Secretary, hereby ratifying and confirming all that the said At~orney(s}-in-Fact may do in the premises. Said appoinlment is made under and by authority of the following resolutions of the Board of Directors of the SureTec Iasurence Compeny: Be it Resoh,ed, that the President, eny Vice-President, any Assistant Vice-President, eny Secretary or eny Assistant Secretary shall be end is hereby vested with fid! power and authority to appoint eny one or more suitable persons as Attemey(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 end in the name of and of behalf of the Company, to execute, acknowledge end deliver, eny end all bonds, recognizances, cuna'acts, agreements or indemnity and other conditional or obligatory undertakings end eny end all notices end doguments canceling or terminating the Company's liability thereunder, and any such insm~nents so executed by any such Attorney-in-Fact shall be binding upon the Compeny as if signed by the President end sealed end effected by the Corporate Secretary. Be it Resolved, that the signature of eny authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or eny ce~ificate ~eiating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shah be valid and binding upon the Company with respect to any bond or underad6ng to which it is attached. (Adopted at a meeting held on 20* of April, 1999.) In Witness Whereof, SURETEC INSURANCE COMPANY'has caused these presents to be signed by i~s President, and its corporate seal to be hereto affmed this 1 lth day of June, A.D. 2002. Corporate Seal State of Texas County of Harris ss: SURETEC INSURANCE cOMPANY President On this l lth day of June A.D. 2002 before me personally 6amc John Knox,' 3'r., to me known, who, being by me duly sworn, did depose end 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 seat affixed to said instrument is such corporate seal; that it was so affixed by order of the' Board of Directors of said Compeny; and that he signed his name thereto by like order. Notary Seal . ,. lY6una U. Ibanez, Notary ~lic My commission expires. June 11, 2006 I, Michael P. Whisenant, Vice President and Assistant Secretary of SURETEC INSURANCE COMPAI~, do hereby certify that the above end foregoing is a true and correct dopy of a Power:of Attorney, executed by said Compeny, which is still in full force and effect; and furthermore, the resolutiuns of the Board of Directors, set Out in the Power of Attorney are in full force and effect./} Iw-W~imess Whereof, I hav~_e jagreunto set my hand and affrxed thqjaal of said CompenY at Houston, Texas this _~ day F-,r,lof~a~'-c~;, 2qf-/--, ~ A.iS.' ~ _ ,,, ,-- Corporate Seal t~..k,~LtrX'.~lfl , . 'Michael P..Whisenant, ~~ Vice President, Assistant Secretary of 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. [fan apparent low bidder fails to comply strictly with the insurance requirements, that bidder may be disqualified from award of the contract. Upon bid award, all insurance requirements shall become contractual obligations, which the successful bidder shall have a duty to maintain throughout the course of this contract. STANDARD PROVISIONS: Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted work has been completed and accepted by the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter. As soon as practicable after notification of bid award, Contractor shall file with the Purchasing Department satisfactory certificates of insurance, containing the bid number and title of the project. Contractor may, upon written request to the Purchasing Department, ask for clarification of any insurance requirements at any time; however, Contractors are strongly advised to make such requests prior to bid opening, since the insurance requirements may not be modified or waived after bid opening unless a written exception has been submitted with the bid. Contractor shall not commence any work or deliver any material until he or she receives notification that the contract has been accepted, approved, and signed by the City of Denton. All insurance policies proposed or obtained in satisfaction of these requirements shall comply with the following general specifications, and shall be maintained in compliance with these general specifications throughout the duration of the Contract, or longer, ff 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. · AH policies shah be endorsed to read: "SAID POLICY SHALL NOT BE CANCELLED, NONRENEWED OR MATERIALLY CHANGE WITHOUT $0 DAYS ADVANCED WRITTEN NOTICE BEING GIVEN TO THE OWNER (CITY) EXCEPT WHEN THE POLICY IS BEING CANCELLED FOR NONPAYMENT OF PREMIUM IN WHICH CASE 10 DAYS ADVANCE WRITTEN NOTICE IS REQUIRED". Should any of the required insurance be provided under a claims-made form, Contractor shall mainta'm 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 obta'm Owners and Contractors Protective Liability Insurance. Should any requ'rred 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 obta'med 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: IX] 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 coveting 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: ix] 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. 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 fights of subrogation against the City, its officials, agents, employees and volunteers for any work performed for the Cityby the Named Insured. For building or constmclion projects, the Contractor shall comply with the provisions of Attachment 1 in accordance with §406.096 of the Texas Labor C ode and rule 2 8TAC 1 10.110 o fthe Texas Worker's Compensation Commission (TWCC). [] [] Owner's and Contractor's Protective Liability Insurance The Contractor shall obta'm, pay for and maintain at ail 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 hmits 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, o n an A Il-Risk form for 1 00% o f t he completed v aiue 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. L'm~its 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. ATTACHMENT1 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 carders, 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. The contractor shall provide coverage, based on proper reporting of classification codes and payroll mounts 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. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. If t he c overage period sh own o n t he c on,factor's current certificate 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. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (0 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. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. 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. The contractor s hall post o n e ach project s itc a notice, in t he 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. 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 Co) 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 t he certificates o f coverage t o b e provided t o t he 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 cartier 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. 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. Project Name: McKinney Street Sidewalks ATTACHMENT t-ADI BID TABULATION SHEET Work Days 45 Bid No. 3119 P.O. No. 3.3 5.7-B g.i 8.2-A Plans SP-IO0, Plans P~ Projed Name: 02:,1~,..- C'rT~' OF D~NTO~T ?[TRC~AaI~G ~40 ~9 ?3O2 Mc. Kinney Street Sidewalks ATrACHMENT 1-AD1 BID TABULATION SHEET Work Days Bid No. P.O. No. 45 3119 $,3A-2 8.3A-3 SP-2 ~P-27 SP-ISB _sP-39 SP..43 Ramp 4 TOTAL .... ~' ......... [$ ~p~,~ ~ BID SUMMARY 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, t° 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. 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 Received Received Received Received Received QUANTUM CONTRACTING, INO, CONTRACTOR Street Address QUANTUM CONTI~OIING, P.O. BOX.430 City and State Seal & Authorization (If a Corporation) Telephone P-6 BID # 3,119 ADDENDUM # 1 Please include the attached Addendum 1 - Pages 1 - 3 in your bid. There are no other changes nt this time. R.J. Evans, Jr. Vice President Signature: Company: ~O.~ll UM ,~UNIRAG'[INGo P.0, B0X 4~ Bid Bond SURETY DEPARTMENT Conforms with the American Institute of Architects, A.I.A Documents No. A-310 KNOW ALL MEN BY THESE PKESENTS, That we, Quantum Contracting, Inc. as Principal hereinaiter called the Principal, and Suretec Insurance Comnanv a corporation created and eyAsting under the laws of the State of Texas whose principal office is in Houston as Surety, heroinafiar called the Surety, are held and firmly bound unto City of Denton as Obligee, hereina~er called the Obligee, in the sum of FIVE PERCENT OF THE GREATEST AMOUNT BID Dollars ($ 5% GAB ) for the payment of which sum, well and truly to be made, the said Principal and the said Surety, bind onrselves, our heirs, executors administrators, successors and assigns, jointly and severally, firmly by these presents Whereas, the Principal has submitted a bid for McKinne¥ Street Sidewalks NOW, THEREFORE, if the Obligee. slml[ accept the bid of the Principal and the Principal slmU enter into a contract with the Obllgee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or conWact 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 ~ive such boni or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the ~mount specified in said bid and such larger amount for which the Obllgee 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 remzlu in full force and effect Signed and sealed this 15z day of December, 2003 Quantum Contracting~ Inc. ~~'~~,~ R.J. Evans, Jr. By~f~~ Vice President (sEAL) Suretec InSurance Comnunv X~agnn ~ Attorney-in-fact (s~u~) sureTeC OF ATTORNEY poWER · duly or~a~iZe~ · . . .E COMPANY (the ,,Company"), a corpo~atton presentS, That suRETEC IlqSURANC office in l-IouStOn, F~ards CouutY, Texas, dots by these presents Know All Men by These ~y. Daiker, Jerry A. Klker, Cagsn l~organ, Teal/FterrO, Luke R. lirawietZ existing under the laws of tl~ State of Texas, and having tls pnnCtpal el'red {n its name, place and make, constitute a~. :hPP:~;t .... ,~,~ri~ berebY c~n-6 .... ts or contracts of . - -='.~- full newer anc~ ~,,--%,--__ ~. other lilsWIh,,~.- _ -~+ · ~, ^,+,,mey(s)-in-tact, w,~, '"-'-t-=aceS, undertalon~.~,."" ,,.. bond penSlt~ . ,~o... its hut and m? '-'""., o,,a all bondS~ recogu--". _~ *o-etV, provtdml u,.-..o,~e extent as it suc~. a to execute, ac,,~,- he conditions m - ._a ,~. ComPanY m'" '. -,*°.ted by its ~ect~,~, ·,. ,. .,.horiW ct me sma , .... :-elude waivers to t .,,. ann a00/and to bm,~ -~_ ,~,,m~an¥ and duly s,,~ , L.ao u~der en~ uy ----- -- suretYSatP m ,_.-.~ ..... nd nO/100s I~=i~"%'- '--,,rate seat of me ~T---~- ~.i~ an~ointment ts ~ Five Million Do~a~.~.id~nt, sealed vnth ~ o.o~-.~ Ac ia tbe premises, o~,- ~.~ Assistant w~c sil~~d by ~o ~ .... ...,+,.,.~cvfS).in.t, aox ma~ - -- ~ ,, .--* the sam .. ........ . e SureTCc imuran~e Co.mp._an..Y~, Vic¢.?resident, any Secret~ or any ~.,- ~nard of D~ectors of th .-, ~.sident, any AssiSts,, enc or more suitable person~ as ¢oflfinlllllg a~t u~, i ' ' ' ' ' Be tt ~e~, , ' is h~mby ves~d w~th ful} Secretary shall bt and ---~t and a~t for a~d on t~e.s .-- for and in thc nar~ o~ a~. _. indemult~ a~ othor..C ,~.~--undor, .... ~ts) in-Fa~t to reptile,' ~-- -ewer and autiaort~ ~cls, agreenlonm u~ _ ,~ --,~any's llabhtt~ ~,~to.,w~ ~' -., ko llven ~ y -~;.~nceS, cenu- ~,..a.~ t~e ~o,~ ~ if si~ned by the ~. ,.,~.in-Fact lllay ~ o ~ .~1 boudd, l'~u~-' -- -~c~linl or tel ...,0, ,--. ~ a~m,,.r any alia ~ , ~.A documenm ~--'-- - binding upon the Company as aclmowledge en~ ~.~'~'--'-~ ..,, and all nottc~ ~"' rc or herea~cr afl3.xexl to any any such Att°rney'in'Fa~t shall be obligatory undetiakings anu -~-~ecuted by rat~ Sccretary' th~ Company hemto~o 'ficato bcari~ thcs',l~,il.e and any such insmunenis so doffe~tedbYtheC°rp° . ed officcr and seal °f .... ~.ofat~meyorccrti ~..~t4~vtoWhlchtt ,~--. o..a sealed an -~ o,,v authOnZ · ', ~.d any pu--- ~._~A or ullu~: presta=~, ,--'--.-.~ that the signature ~' T_'f:-. thereto by raeainme, ---_.,lath respect to any Be it Ee~otw,., - .... oertiftca~ mtart~. T'i~:-. ,,,~ou the Company -' is attached. (A P rblSUP. ANCE coMPAlqY has caUSed these presents to be signed by its President, and its Corporate Seal . ' reslde~it ~,.~W Of l-IarnS --~l-, came John o, ~TI=.C IblSUP~ .... n to said lnsU~Un ""~" ~ ,ma9 Before lue petSOU~,~. -o proficient of ~z-.~-- ---. that the seat altm~o_ -, ...mc thereto - -;~une A.u, ~ .... -~.~.~ 'that ne ~s ---_ .~ ofsaldComp~,-- dcser~bed m aaa wnt~,~.~.,t it WaS SO aff~lceil vy o,~- ~/~;~.~'/~" - .~ff~-. is such corporate seat: u~ , ~r~.n~U FoaueZ Nots _~/~,~' 3n06 · ~_.. ~ l~onua .. .... kcs lune h, , do hereby certify that Iht Notary Seal -~,- u,IIURANCE coMPAI?,4, is still in fult force aM · . ,~;.e president and Aasm.---- ._...~. oi Atierney' oxe0~_.,~ ~.,^f Attorney are in nut ~u t ~'/T ~ Michael P, Whisenenh v,~ --~ co~eCt copy ota r.~.~,~.~,, s~ out in the roW,, ,, .._:. | ~ day ox effect; and [utlbermore, thc 'add ~ ~'~,cd thc seat o .... /~ ..,her o .t"vt set '"= . m.L$ ?. Corporate Seal AC_O_RD CERTIFICATE OF LIABILITY INSURANCE DATE MM C 02/11/2004 PRODUCER (972)771-4071 FAX (972)771-4695 THIS CERTIFICATE IS I88UED AS A MATTER OF INFORMATION K & S Insurance Agency ONLYAND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOE8 NOT AMEND, EXTEND OR P O Box 277 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELO~N. 701 3ustJn Road Rockwal 1, TX 75087 INSURERS AFFORDING COVERAGE NAIC # INSURED Quantum Contracting, Inc.~.~/ .~\1 INBURBRA: National Fire Znsurance Co. 20478 P 0 BoX 430~'~) ~NSURERE: Valley Forge Znsurance Co. 20508 Rockwal], TX 75087 INSURERC: Transportation Znsurance Co. 20494 INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY 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 POL C ES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS S, HOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NSR ~DD'L TYPE OF INSU.~GE__ POL[CYNUMBER ~T~fMMinlFi/.~Ft POLICYEXPIRATIOI~ LTR 'a;{Rr Y EFFECTIVE hA?E ~Mu~nmyy) f LIMITS GENERALLIABILIT~ C2048830485 11/22/2003 11/22/2004 ~ACHOCCURRENCE $ lf000,00~] ~- COMMERCIAL, GENERAL~LIAB]LITY f PRFMI~F~DAMAGE TOf~;~,RENTED.~,~,,....~4 $ 50,000 I CLAIMSMADE L~ CCCUF~ /' MEDEXP(Anyonepemon) $ 5,000 A X Contractual Liab~ PERSONAL&ADVINJURY $ 1,000,00(] ~- CG2503 DENERAL AOSRDOATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/Dp AGO $ 2 ~ 000 ~ 000 AUTOMOBILELIABIABI~.!.!.!.!.!.!.!.!.~ BUAZ075527589 '11/22/2003 11/22/2004 COMBINEDSINGLELIMIT X ANY AUTO ./ (Ea accident) $ 1,000,000 ALL OWNED AUTO~ BODILY INJURY SCHEDULEDiD AUTo'SA (Per person) $ B X ' HIRED ALrTO~ BODILY INJURY X NON*OWNED AUTOS/' (Per accident) $ PROPERTY DAMAGE (Per ac~dent) $ I OCCUR [~ C~IMS M^DB ^G~.E~^TE $ WORKERSCOMPENSATIONAND/' k~1075527592 11/22/2003 11/22/2004' X I TORW,M~S I ~ ]o~. C ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 1,000 ~ 00( ~D~SCR_IP.Tt ~N~O.F OPERATIONS I J~OCATIONS I VEHICLES I Cc~X(~LUSIO~ AD D~,~-BY ENDORSEMENT I SPECIAL PROVISIONS : eld 5119 - HcKlnney Street SleeWalKS/ :~t~ ~ts officials, agents, employees and volunteers are .s~;_~_ n as addit~on_a. 1 ins. u.r. ed.s on eneral and auto liability policies as required by. written contract.~t o~ ~s off~clals, agents, e~ployees and v~j:~unteers are shown waiver n_~ ~f~_"~_=t~J~__~n workers' compensation as required ~y written contract.," WExcept 10 days notice for non-payment of premium. CERTIFICATE HOLDER :ANCELLATION City of Denton/ 901B Texas Street Denton, TX 76201 ACORD 25 (2001108) FAX: (940) 349-7302 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX PI EATIO~.~.~.~.~.~.~.~J,DAT E THEREOF, THE ISSUING INSURER W~LL ENDEAVOR TO MAIL '30~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER RAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHOR~ED REPRESENTATIVE Richard Dal kef- 1/DI.J~IE ©ACORD CORPORATION 1988