1998-239 O NANCE No qf s9
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVDING FOR THE AWARD
OF A PUBLIC WORKS CONTRACT FOR PECAN CREEK AND TRIBUTARY PEC-4
CHANNEL IMPROVEMENTS IN THE AMOUNT OF $2,193,881 40, PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTWE DATE (BID
#2220 - PECAN CREEK AND TRIBUTARY PEC-4 CHANNEL IMPROVEMENTS AWARDED
TO OSCAR RENDA CONTRACTING, INC 1N THE AMOUNT OF $2,193,881 40)
WHEREAS, the City has sohclted, received and tabulated competitive bids for the
construction o£pubhe works or unprovements m 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 hereto described bids are the lowest responsible bids for the constructmn of the public works or
improvements described in the bid mwtanon, bid proposals and plans and specifications therein,
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SBCTION I That the following competitive bids for the construction ofpubhc works or
improvements, as described m the "Bid Invaanons", "Bid Proposals" or plans and specifications on
file m the Office o£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
2220 OSCAR RENDA CONTRACTING, INC $2,193,881.40
~ That the acceptance and approval of the above competitive bids shall not
constitute a contract between the City and the person submlt.ng the Nd for construction of such
public works or improvements herein accepted and approved, until such person shall comply with
all requirements specified in the Notme to Bidders including the timely execution of a written
contract and fummhlng of performance and payment bonds, and insurance certificate after
notification of the award of the bid
SECTION III 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 contmned therein
SECTION IV That upon acceptance and approval of the above competitive bids and the
execution of contracts for the public works and improvements as authorized here~n, the City Council
hereby authorizes the expenchture of funds in the manner and in the amount as specified in such
approved bids and authorized contracts executed pursuant thereto
SECTION V That tlus ordinance shall become effective immediately upon its passage and
approval
PASSED AND APPROVED this the /~ day of~a~~,1998
JA~
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
2220 PECAN CREEK TRIB PECA CONTRACTUAL ORDINANCE
AUG 10 1998
CITY OF DENTON
LEGAL DEPT
CONTRACT AGREEMENT
STATE OF TEXAS §
COUNTY OF DENTON §
THIS AGREEMENT, made and entered mto this 18 day of AUGUST A.D., 1998, by
and between CITY OF DENTON of the County of DENTON and State of Texas, acting
throug~ereunto duly authorized so to do, hereinafter termed
"OWNER," and
OSCAR RENDA CONTRACTING, INC.
522 BENSON LANE
ROANOKE, TX 76262
of the City of DENTON County of DENTON and State of TEXAS, hereinafter termed
"CONTRACTOR"
WITNESSETH That for and m conslderaUon of the payments and agreements
hereinafter mentwned, to be made and performed by OWNER, and under the conditions
expressed m the bonds attached hereto, CONTRACTOR hereby agrees with OWNER to
commence and complete performance of the work specified below
BID # 2:Z20 - PECAN CREEK AND TRIBUTARY PEC-4 CHANNEL IMPROVEMENTS
m the amount of $2,193,881.40 and all extra work ~n connection therewith, under the
terms as stated in the General Condmons of the agreement, and at his (or their) own proper
cost aad expense to furmsh all materials, supplies, machinery, eqmpment, tools,
superintendence, labor, msurance, and other accessories and services necessary to complete the
work Sl~eified above, m accordance with the condmons and prices stated m the Proposal
attached, hereto, and in accordance w~th all the General Conditions of the Agreement, the
Special Conditions, the Not,ce to BMders (Advertisement for Bids), Instructlons to Bidders,
and the Performance and Payment Bonds, all attached hereto, and m
CA - I
accordance wath thc plans, which includes all maps, plats, blueprints, and other drawings and
printed or written explanatory matter thereof, and the Specifications therefore, as prepared by
TEAGUE NALL AND PERKINS, INC.
all of whach are made a part hereof and collecuvely evadence and constitute the entare contract
Independent Status
It Is mutually understood and agreed by and between Clty and Contractor that
Contractor is an independent contractor and shall not be deemed to be or consadered an
employee of the City of Denton, Texas, for the purposes of income tax, withholding, social
security taxes, vacatmn or sack leave benefits, worker's compensation, or any other City
employee benefit Caty shall not have supervasaon and control of Contractor or any employee
of Contractor, and at as expressly understood that Contractor shall perform the services
hereunder according to the attached specfficaUons at the general d~rectaon of the City Manager
of the Caty of Denton, Texas, or has desagnee under thas agreement
Indemnification
Contractor shall and does hereby agree to indemnify and hold harmless the City of
Denton from any and all damages, loss, or habfiaty of any land whatsoever, by reason of injury
to property or tlnrd persons occasioned by any error, omass~on or neghgent act of Contractor,
its officers, agents, employees, mvatees, and other persons for whom a is legally liable, wath
regard to the performance of thas Agreement, and Contractor will, at its cost and expense,
defend and protect the City of Denton against any and all such clan'ns and demands
Choke of Law and Venue
Thas agreement shall be governed by the law of the State of Texas and venue for its
constmctmn and enforcement shall lie m the courts of Denton County, Texas
The CONTRACTOR hereby agrees to commence work on or after the date establashcd
for the start of work as set forth m written noUce to commence work and complete all work
wathm the tame stated an the Proposal, subject to such extensions of tame as are provaded by the
General and Specml Condauons
The OWNER agrees to pay the CONTRACTOR m current funds the price or prices
shown an the Proposal, whach forms a part of thas contract, such payments to be subject to the
General and Specml Condauons of the Contract
CA - 2
IN WITNESS WHEREOF, the part~es of these presents have executed th~s agreement
m the year and day first above written
ATTEST
f~P, FI,q~ ~/~ -~ _-'~ CITY OF DENTON
~'- ! L~ ~.OWN~R ,
~ - (SEAL)
ATTEST
~~ Oscar Renda ContractlnS,
' CONT~CTOR
522 Benson Lane
Roanoke, TX 76262
MAILING ADDRESS
817 491-2703
PHONE NUMBER
817 491-4483
APPROVED AS TO FORM PRINTED NAME
CITY ATTORNEY /
CA - 3
PERFORMANCE BOND
Bond #8149-23-45
STATE OF TEXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS That OSCAR RENDA
CONTRACTING, INC., whose address is 522 BENSON LANE, ROANOKE, TX 76262,
hereinafter called Prmcipal, and
a corporation organized and existing under the laws of the State of TEXAS, and fully
authurlzed to transact busmess m the State of Texas, as Surety, are held and firmly bound umo
the City of Denton, a municipal corporation organized and existing under the laws of the State
of Texas, hereinafter called Owner, m the penal sum of TWO MILLION ONE HUNDRED
NINETY THREE THOUSAND EIGHT HUNDRED EIGHTY ONE and 40/100
DOLLARS ($ 2,193,881.40) plus ten percent of the stated penal sum as an additional sum of
money representing additional court expenses, attorneys' fees, and liquidated damages arismg
out of or connected with the below tdentified 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 bmd ourselves, our heirs, executors, administrators, successors, and assigns, jointly
and severally, firmly by these presents This Bond shall automatically be mcreased 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 98-239, with the City of
Denton, the Owner, dated the 18 day of AUGUST A.D. 1998, a copy of which is hereto
attached and made a part hereof, for BID # 2220 - PECAN CREEK AND TRIBUTARY
PEC-4 CHANNEL IMPROVEMENTS.
NOW, THEREFORE, If the Principal shall well, truly and faithfully perform and fulfill
all of the undertakings, covenants, tenm, conditions and agreements of said Contract in
accordance with the Plans, Specifications and Contract Documents during the orlgmal 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 thc Surety being hereby waived, and, if the
Prmcipal 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 Pnnclpal shall fully mdeumlfy and save harmless the
Owner from all costs and damages which Owner may suffer by reason of failure to so perform
hereto and shall fully reanbursc and repay Owner all outlay and expense which the Owner may
Incur in making good any default or deficiency, then this obhgatlon shall be void, otherwise, it
shall remmn m full force and effect
PB - 1
PROVIDED FURTHER, that If any legal action be filed upon this Bond, exclusive
venue shall he 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 tune, 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 tune, alterauon 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 m Denton County to whom any reqmmte notices may be delivered and on
whom service of process may be had m matters anmng out of such suretyship, as provided by
Article 7 19-1 of the Insurance Code, Vemon's Annotated C~vll Statutes of the State of Texas
IN WITNESS WHEREOF, this instrument is executed m 4 copies, each one of which
shall be deemed an original, this the 18 day of AUGUST 1998
ATTEST PRINCIPAL
SECRETARY ~ BY PRE'DENT ~
ATTEST SURETY
- BY
ATTORNEY-IN~-FACT
The Resident Agent of the Surety m Denton County, Texas for delivery of notice and service
of the process is
NAME John L. Mondics
STREETADDRESS 8235 Douglas Ave., Suite 828, Dallas, Texas 75225
(NOTE Date of Performance Bond must be date of Contract If Resident Agent ts not a
corporation, give a person's name )
PB - 2
POWER OF ATTORNEY
FEDERAL INSURANCE COMPANY
ATrN SURETY DEPARTMENT
15 Mountmn V~ew Road, Warren, NJ 07059
Telephone (908) 903-2000
Fax No (908) 903-3656
Know all Men by these Presents, That FEDERAL INSURANCE COMPANY, an Indmna Corporation, has constituted and
appointed, and does hereby constitute and appoint Arnim I Gerstenmeler, John L Mondics and Larry
D Gree~thaw o£ Dallas, Te×ae ........................................................
each its true and lawfulAttorney-ln-Fact to execute under such designation ~n its nome and to affix its corporate seal to and dehver
for and on its behalf as surety thereon or otherwise, bonds of any of the following classes, to-wit
Bonds and Undertakings (other than Bail Bonds) filed ~n any suit, matter or proceeding in any Court, or filed w~th any
Sheriff or Magistrate, for the doing or not domg of anythmg spec~fred m such Bond or Undertaking
2 Surety bonds to the United States of Amencs or any agency thereof, ~nolud~ng those required or permitted under the
laws or regulations relating to Customs or Intamsl Revenue, Lmense and Permit Bonds or other ~ndemnity bonds
under the laws, ordlnancas or regulations of any State, City, Town, Wliage, Board or other body or organizst~on, pubhc
or private, bonds to Transportatron Compan~as, Lost Instrument Bonds, Lease Bonds, Workers' Compensabon Bonds
Mis~ellaneous Surety Bonds and bonds on behalf of Notanas Pubhc, Sheriffs, Deputy Sheriffs and similar pubhc
0ffloials
3 ~onds on behalf of contractors in connastion with b:ds, proposals or contracts
In WEne~$ Whereof, the said FEDERAL INSURANCE COMPANY has, pursuant to its By-Laws, caused these presents to
be signed bY Its Vice President and Assistant Seorata~J and its corporate seal to be hereto affixed this ! 7 th
day of April 19 96
Co~ .~ FEDERALINSURANCEBy
e~nn~ ~/J~z~, Rob. ed~L preelae.t
STATE OF NEW JERSEY '~, ss
County of Somerset
J
On this 17 th day of April 19 96 , before me personally came Kenneth C Wendel to me known and by
me known to beAsslstant Secretary of FEDERAL INSURANCE COMPANY, the corporation described in and which executed the
foregomg Power of Attorney, and the said Kenneth C Wandel being by me duly sworn, did depose and say that he is Assistant
Secrata~ of FEDERAL INSURANCE COMPANY and knows the corporate seal thereof, that the seal affixed to the foregoing
Power of Attomey is such corporate seal and was thereto affixed by authority of the By-Laws of said Company, and that he s~gned
said Power of Attorney asAaslstant Seorata~y of said Company by like authority, and that he ~s acquainted with Frank Robertson
and knows him to be the Vice President of said Company, and that the signature of said Frank Robertson subasnbed to samd
Power of Attorney is in the genuine handwriting of said Frank Robertson and was thereto subs~ribed by authority of said By-Laws
and in deponent's presenco
Notanal Seal
.~ ~ ".~.~ Acknowledged and Sworn to before me
~,~0 ,~ ~J '~ on t? date abo? wri3an
IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR
NOTIFY US OF ANY OTHER MAll'ER~ PLEASE WRITE TO US AT THE ADDRESS LISTED ABOVE
Form 15 10 018,3 (Ed ~-95) GENERAL THERESA B CICHOWSKI
Notary °ubhc State of New Jersey
HcL0014101
CERTIFICATION
STATE OF NEW dERSEY '~ ss
County of Somerset
J
t, the undersigned, Assistant Secretary of FEDERAL INSURANCE COMPANY, do hereby certify that the following is a true
excerpt from the By Laws of the sa~d Company as adopted by ~ts Board of Directors and that this By-Law is in full force and effect
"ARTICLE XVIII
Section 2 All bonds, undertakings, contracts and other instruments other than as above for and on behalf of the Company
whmh it ~s authonzed by law or its charter to execute may and shall be executed m the name and on behalf of the Company
either by the Chairman or the V~ce Chairman or the President or a V~ce President, Jointly w~th the Secretary or an Assistant
Secretary, under their respechve designations, except that any one or more officers or attorneys-~n fact demgnatad in any
resolution of the Board of D~rectors or the Executive Committee, or In any power of attorney executed as provided for rn
Section 3 below, may execute any such bond, undertaking or other obhgat~on as provided ~n such resolubon or power of
attorney
Section 3 All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of
the Company, e~ther by the Chmrman or the Wce Chmrman or the President or a Vice President or an Assistant V~ce
President, jo~ntlyw~ththe Secretary or an Ass~stant Secretary, undertheir respective designations Thes~gnatureofeuch
officers may be engraved, prrnted or lithographed The signature of each of the following officers Chairman, V~ce Chmr-
man, President any Vice President, any Assistant Vms President, any Secretary, any Assistant Secretary and the seal of
the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appo~nbng Assistant
Secretanes or Attorneys m Fact for purposes only of executing and attesting bonds and undertakings and other writings
obligatory ~n the nature thereof, and any such power of attorney or certificate beanng such face,mile signature or facsimile
seal shall be vahd and binding upon the Company and any such power so executed and certified by such facsimile s~gna-
ture and facsimile seal shall be vahd and b~nd~ng upon the Company with respect to any bond or undertaking to which ~t ~s
attached"
I further certify that smd FEDERAL INSURANCE COMPANY ~s duly hcensed to transact fldehty and surety business m each of
the States of the Umtad States of Amenca, D~stnct of Columbia, Puerto R~co, and each of the Prownces of Canada with the
exception of Prince Edward Island, and ~s also duly hcensed to become sole surety on bonds, undertakings, etc, perm~tad or
required by the law
I, the undersigned Assistant Secretary of FEDERAL INSURANCE COMPANY, do hereby certify that the foregoing Power of
Attorney ~s in full fome and effect
G~ven under my hand and the seal of said Company at Warren, N J, this 18 ~:h day of Au~;us~c , 19 98
AssiMant S®cretary~
PAYMENT BOND
Bond #8149-23-45
STATE OF TEXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS That OSCAR RENDA
CONTRACTING, INC., whose address m 522 BENSON LANE ROANOKE, TX, 76262,
heretnafter called Prtnmpal, and
a corporatmn orgamzed and exmttng under the laws of the State of TEXAS, and fully
authorized to transact business tn the State of Texas, as Surety, are held and firmly bound unto
the City of Denton, a mummpal corporatton orgamzed and existing under the laws of the State
of Texas, hereinafter called Owner, and unto all persons, firtns, and corporations who may
furtnsh materials for, or perform labor upon, the buddtng or lmprovetnents hereinafter referred
to, in the penal sum of TWO MILLION ONE HUNDRED NINETY THREE THOUSAND
and EIGHT HUNDRED EIGHTY ONE 40/100 DOLLARS ($2,193,881.40) tn lawful
tnoney of the Umted States, to be paid tn Denton, County, Texas, for the paytnent of which
sum well and truly to be made, we hereby bind ourselves, our heirs, executors, adrmmstrators,
successors, and assigns, .lomtly and severally, firmly by these presents This Bond shall
automatically be increased by the amount of any Change Order or Suppletnental Agreetnent
which increases the Contract prate, but tn no event shall a Change Order or Suppletnental
Agreetnent which reduces the Contract pmce decrease the penal sum of this Bond
THE OBLIGATION TO PAY SAME Is conditioned as follows Whereas, the Prtnmpal
entered into a certain Contract, ldenufied by Ordinance Number 98-239, with the City of
Denton, the Owner, dated the 18 day of AUGUST A.D. 1998, a copy of which m hereto
attached and made a part hereof, for BID # 2220 - PECAN CREEK AND TRIBUTARY
PEC-4 CHANNEL IMPROVEMENTS.
NOW, THEREFORE, if the Prtnmpal shall well, truly and faithfully perform its duties
and make prompt paytnent to all persons, firms, subcontractors, corporations and claunants
supplying labor and/or material tn the prosecutmn of the Work provided for In said Contract
and any and all duly authomzed modifications of said Contract that tnay hereafter be tnade,
notice of which tnodificatlons to the Surety being hereby expressly wawed, then this obhgation
shall be void, otherwise it shall rematn tn full force and effect
PROVIDED FURTHER, that if any legal action be filed on this Bond, excluswe venue
shall lie m Denton County, Texas
AND PROVIDED FURTHER, that the said Surety, for value recewed, hereby
stipulates and agrees that no change, extension of tnne, alteration or addition to the terms of
the Contract, or to the Work to be performed thereunder, or to the Plans, Speclficatmns,
Drawings, etc, accompanytng the same, shall tn anywise affect its obhgaUon on thru Bond,
and it does hereby waive notice of any such change, extension of tnne, alteration or addition to
the terms of the Contract, or to the Work to be perfortned thereunder, or to the Plans,
Specifications, Drawtngs, etc
PB - 3
Thru Bond m given pursuant to the prowmons of Chapter 2253 of the Texas
Government Code, as amended, and any other apphcable statutes of the State of Texas
The undermgned and demgnated agent ~s hereby demgnated by the Surety hereto as the
Remdent Agent m Denton County to whom any reqmmte notices may be dehvered and on
whom serwce of process may be had m matters arising out of such suretyship, as provided by
Artxcle 7 19-1 of the Insurance Code, Vernon's Annotated C~wl Statutes of the State of Texas
IN WITNESS WHEREOF, thru instrument m executed m 4 copies, each one of which
shall be deemed an original, th~s the 18 day of AUGUST, 1998.
ATTEST PRINCIPAL
T ~AR~~ ~ oscar Renda Contracting, ~nc /
SEC BY P
ATTEST A SURETY
~ Federal Insurance Company
ATTORNEY-IN~ACT
The RemdentAgentofthe Surety ln Denton County, Texas fordehveryof nouceand servme
of the process is
NAME John L. Mondics
STREET ADDRESS 8235 Douglas Ave., Suite 828, Dallas, Texas 75225
(NOTE Date of Payment Bond must be date of Contract If Restdent Agent ts not a
corporation, gtve a person's name )
2220 CONTRACT & BONDS
PB-4
POWER OF ATTORNEY
FEDERAL INSURANCE COMPANY
ATTN SURETY DEPARTMENT
15 Mountain V~ew Road, Warren, NJ 07059
Telephone (908) 903-2000
Fax No (908) 903-3656
Know elI Men by these Presente, ThatFEDERALINSURANCECOMPANY snlndlanaCorporebon hasconstltutedand
eppo~nted, and does hereby constitute and appoint Arntm I Gerstenmeier, John L Mondics and Larry
]3 Creenhaw of Dallas, Ts×as ........................................................
each its true and lawfulAttorney-in-Fact to execute under such designation m ~ts name and to affix ~ts corporate seal to and dehver
for and on its behalf as surety thereon or otherwise, bonds of any of the following classes, to wit
Bonds and Undertakings (other than Bail Bonds) flied ~n any su~t matter or proceeding m any Court or filed w~th any
Sheriff or Magistrate, for the doing or not doing of anything specified m such Bond or Undertaking
2 Surety bonds to the United States of Amenca or any agency thereof, ~ncludmg those required or permitted under the
laws or regulations retstmg to Customs or Internal Revenue, Lmense and Permit Bonds or other ~ndemn~y bonds
under the laws, ordinances or regulations of any State, City, Town, Village, Board or other body or organization, pubhc
or pnvate, bonds to Transportation Compamas, Lost Instrument Bonds, Lease Bonds, Workers' Compensation Bonds,
Miscellaneous Surety Bonds and bonds on behalf of Notanas Pubhc, Sheriffs, Deputy Sheriffs and e~mflar public
offiolals
3 Bonds on behalf of contractors tn connection with bids, proposals or contracts
In Wltnaas Whereof, the said FEDERAL INSURANCE COMPANY has, pursuant to its By-Laws, caused these presents to
be s~gned by its Vice President and Assistant Secretary and its corporate seal to be hereto affixed this 17 th
dayof April 19 96
ByFEOERAL 'NBURANCE COMPANY
~(enneth C~/bn'~el Robe
Aaslotant 5esretery ~' rVlee Presidont
STATE OF NEW JERSEY "[ ss
County of Somerset
J
Onthis 17l:h dayof April 1996 , before me pereonally came Kenneth C Wendel to me known and by
me known to beAsslstent Secretary of FEDERAL INEURANCE COMPANY, the corporet~on described m and which executed the
foregoing Power of Attorney, and the sa~d Kenneth C Wendel bmng by me duly sworn, did depose and say that he m Assistant
Secretary of FEDERAL INEURANCE COMPANY and knows the corporate seal thereof, that the seal affixed to the foregoing
Power of Attorney IS such corporate seal and was thereto affixed by authonty of the By-Laws of said Company, and that he s~gned
sa~d Power of Attorney ae A~eietant Secretary of said Company by I~ke authonty, and that he ~s acquainted w~th Frank Robertson
and knows h~m to be the Wce President of said Company, and that the mgnature of smd Frank Robertson subscribed to smd
Power of Attorney is in the genuine handwriting of smd Frank Robertson and was thereto subscnbed by author~ of smd By-Laws
and ~n depOnent's presence
Notarm[ Seal
~',~ '~,_. ~'~, Acknowledged and Sworn to before me
/~ · ~ on the date above wntten
IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR
NOTIFY US OF ANY OTHER MATTER, PLEASE WRITE TO US AT THE ADDRESS LISTED ABOVE
Form 15 10 0183 (Ed 8-95) GENERAL THERESA B ClCHOWSKI
Nolaly %bhc State of New JeeMy
,% ~ 0314101
CERTIFICATION
STATE OF NEW JERSEY }
County of Somerset ss
l, the undersigned, Assistant Secretary of FEDERAL INSURANCE COMPANY do hereby cerhfy that the following ~s a true
excerpt from the By Laws of the sa~d Company as adopted by ~ts Board of D~rectore and that this By Law Is In full fome and effect
"ARTICLE XVIII
Section 2 All bonds, undertakings, contracts and other instruments other than as above for and on behalf of the Company
which ~t is authonzed by law or ~ts charter to execute, may and shell be executed in the name and on behalf of the Company
either by the Chairman or the Vice Chairman or the President or e Vice President, jointly with the Secretary or an Assrstant
Secretary under their respective des~gnabons, except that any one or more officers or attorneys-m-fact designated in any
resolution of the Board of D~rectors or the Execubve Committee, or ~n any power of attorney executed as provided for ~n
Section 3 below, may execute any such bond, undertaking or other obligation as provided ~n such resolubon or power of
attorney
Secbon 3 All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of
the Company, either by the Chairman or the Vice Chairman or the President or a Vice President or an Assistant Vice
Pres~dent, jomtlyw~ththe Secretary or an Ass~stant Secretary, underthelr respective designations The slgneture of such
officers may be engraved, pnnted or lithogrephed The s~gnature of each of the following officers Chairman, V~ce Chair
man, President any V~ce President, any Assistant V~ce President, any Secretary, any Assistant Secretary and the seal of
the Company may be effixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant
Secretanes or Attorneys-m Fact for purposes only of executing end ettest~ng bonds and undertakings and other wntings
obligatory ~n the nature thereof, and any such power of attorney or certificate bearing such facsim~le s~gnature or facs~mile
seal shall be vahd and binding upon the Company and any such power so executed and certified by such facs~rnlle s~gne
ture and facsimile seal shall be valid and b~nd~ng upon the Company with respect to any bond or undertaking to which ~t is
attached"
I further certify that sa~d FEDERAL INSURANCE COMPANY ~s duly I~censed to transact fidelity and surety bus~ness m each of
the States of the United States of Amence, D~stnct of Columbia, Puerto R~co, and each of the Prownces of Canada w~th the
exception of Pnnce Edward Island, and ~s also duly licensed to become sole surety on bonds, undertakings, etc, permitted or
required by the law
I, the undersigned Assistant Secretary of FEDERAL INSURANCE COMPANY, do hereby certify that the foregoing Power of
Attorney ~s m full rome and effect
G~ven under my hand end the seal of sa~d Company at Warren, NJ this ~.St:h deyof ~.uguat: , 19 98
Corporate Seal /~C ~...~..~. ~'
Assistant 8eoretary~
In the event of the award of a contract to the undersigned, the undersxgned 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
unUl final compleUon and acceptance, and to guarantee payment for all lawful claims for labor
performed and materials furmshed 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 hsted in this proposal, shall control over
extensions
BY / , ~ c/
Street Address
City and State
Seal & Authorization
(Ifa Corporation) ~l-/ / ~cl I - ~o_~'
Telephone
P-18
HI C~T¥ OF DEI4'roH FI~)~ HO ! 19405497592 9;,-18-98
D,wslon D - TRIBUTARY PEC-4 CHANNEL IMPROVEMENTS (BRADSHAW TO ROBERTSON), EXCLUDING
WORK IN DIVISIONS B AND C
ITEM DF_..qCRIPTION UNIT UNIT PRICE TOTAL
Umt Price m Wot~ls
D-2 !ne~nve Foot 2 EA
m Words
D-3 : Co-,',?te Sidewalk 22 $
Umt Price tn Words
Words
D-5 8470
Unit Price m Words
D-Il 6800 CY
P-4
P-5
D-31 A~ust S~n,ta~ ~wer M~nhale Rim
Umt price in Words
TOTAL nASE B~ - D~SION D $
D~SION D, B~ ~A~ No D-I - ~CU~D CONC~TE
B~ C~BL L~G
~e Ba~ Btd,~ p~ca~d
Bid Al~ No D-1
a~c~a~d c~m~ bilk ~t~m
~aUom ~d ~e~iom ~ll ~ ~e ~e for ~ ~e conc~te Chnnucl l~
~ ~ amc~a~d bilk cun-nel lmm5 Drop s~c~s s~ll ~ 6" conc~
Con~c~r s~ll
~mmg, mcl~ ~eofabnc, c~hed s~nc ~l, ~chor ~tm~, ~d all neccsm~
ma~nals, eqm~ent
P-6
DIVISION D, BID ALTERNATE No D-2 - 5~ CONCRETE CHANNEL UNIT PRICE
LINING
The Base Bid is prcdtcated on a 6* concrete channel hmn$ aS detatled on thc $
plans Bid Alt~mate No D-2 is pred~catcd on a 5*concrctc charm¢l Ih~IIS All
¢ollctctc Channel Imm~ shall be ~* thick, including Channel ramps alld all slopes
TOTAL PRICE
Total fi~ Con~t~te C~uu~l Lmm~ ~ 20,?66 $ Y
P-?
FRON~ C~T¥ OF DEl,ITOH FPi)~ HO s 19~*~3¢973~2 B6-1B-91~ ~?l.':.J.l~ P 06
160
Umt m Words
E-18 : PR1 380 Umt Pncc m Words
~-~ s~,, ~'~ ~ c¥ $
~ ~ Wo~
E-20 F~ 130 ~ ~ Wo~
E-21 S~et Excavag~ ~ CY
Umt ~ce m Wo~
E-22 7~ CY
E-23 6" Curb aud 24" Gutter 1190
Umt i u
E-24 8" Curb 90
wo~ /:-_/, ,.g'
E-25 2067
Umt ~ m Words
E-26 30 Ibs/SY 31 TON
Umt a Words
t Base Coupe 1430 SY
Umt Price m Words
P-10
D~wsmn F - UTILITY RELOCATIONS
ITEM DI~CRIPTION uNrr PRICE TOTAL
RUDDELL
Umt Price m Words '~-/L~
P-Il
I
Umt Price in Words
P-14
ITEM DESCRII'rlON UNIT TOTAL
ri G-31 0" PVC 5evgr 366 LF
Unit Price in Words
_ G-32 RCP 40 LF
Unit Price in Words.
U~tt Price in Words
Unit Price in Wo~
G-:35 l' Crown S cl(~ X*
Unit Price tn Words
'~ G-36 'x8' Cast-In-Place Umt
Unit Price in Words
Unit Pnce in Words
Umt Pnce m Words
D
~C
P-IS
BID SUMMARY
Dlwslon A - PECAN CREEK CHANNEL IMPROVEMENTS (RUDDELL TO
TOTAL BID PRICE IN WORDS '~.~*~-~
BASE BID
Dw~on B - NOT IN CO~CT
D~ws~on C - N~ IN CO~CT
D~ws~on D - T~B~ARY PEC-4 CHANNEL IMPROVEMENTS ~B~DSHAW
ROBERTSON, EXCLUDING WO~
TOTAL BID P~CE IN WO~S
ALTE~ATE No 1- ARTICULATED BLOCK CHANNEL LINING
ALl. ATE No ~ - $" ~ONC~TE LINED CHANNEL
Dw~sion E - RUDDELL ST~ET B~DGE, ROADWAY AND PA~ING L~S
TOTAL BID P~CE IN WO~S
BASE BID
Dw~s~on F - ~ILI~ ~LOCAT~NS
T~AL BID P~CE IN WO~S
BASE BID
Dwmon G - ROBERTSON/BELL CULVERT IMPROVEME~S
TOTAL BID P~CE IN WO~S
BASE BID
ALTE~A~No 1 -BELLAVE CLOSU~
TOTAL (D~vmons A, D, E, F, G)
TOTAL BID P~CE IN WO~ ~c~)
TOTAL WO~ING DAYS
P-17
The rewew is only for general conformance w~th OSHA safety standards and apphcab~hty to the
me Rewew ofthe trench excavation plan does not reheve the Contractor of any or all
construction means, methods, techmquas, and procedures Any proper~ damage or bodily injury
(including death) that arises from use of the trench or from aty's fmlure to note exceptions to the
excavation plan shall remain the sole responslb~hty and liability of the Contractor A bid item for
trench safety and support shall be ~ncludad
Contractors electing to utihze the Mlmmum An~le of Repose must submit
1 Soft classdicat~on according to the Unfl~ed Soil Classification System ~ncludmg water
content and plast~aty index, and a nummum an~le of the slope of excavauon for the
trench
2 A detailed plan of the excavation area and the impact on emstmg right-of-way and
m~-astructure
No clmms for delay ~ be pem~tted
Contractor electing to ut~hze a Trench Box must submit physical dnnenslons, materials, posmon
m the trench, expected loads, and the strength of the box No claims for delay will be penmtted
Contractor electing to utihze Shonng, Sheeting, and Bracing must submit dimensions and
materials of ali uprights, stnngers, cross-bracing, and spacing No clmms for delay w~ll be
pemutted
The trench safety and support shall be prod for at the contract umt price per linear foot as
prov~dad by the proposal and contract The hnear footage for payment shall be as measured m the
field The contract umt price shall be total compensation for the funuslung of all labor, materials,
tools, eqmpmant and incidentals necessa~ to complete the work If no excavauon protection Is
used, no payment wdl be made to cover madentals
Safety Record All contractors must submit a notarized afl~dawt prior to award of the bid
attesting to their safety record
The contractor's safety record may not reflect penalties for s~x (6) or more serious wolat~ons,
none of wluch may be repeat wolauons, nor may It reflect three (3) or more wdlful wolatlons,
none ofwluch may be repeat wolat~ons, w~thn three (3) preceding award Tlus information
be considered m determimng the responsibility of the bidder for purposes of award
Support Systems Inspector All contractors involved m excavations as defined m the most current
OSHA Occupational Safety and Health Standards for excavations must subnut a notarized
afl~dawt prior to award of the bid showing the name of the support system inspector The
ai~dawt must include a statement that the named mdiwdual ~s a competent person as defined m
the OSHA re~ulatwns related to excavations In order to be a "competent person", one must
have had specific trmmng m, and be knowledgeable about, sod analysis, the use of protective
systems, and the OSHA re~ulauons on excavations
SC-2
BENT BY:MondLce/(areenhew Zne, ; 9- 8-98 ; 15:19 ; 21498?195541940349'7302 ;# 2
A
0 Inland Ut/Ine/Equl~enl ~ISlO6. 0~10t108. 03~hduotlble I ~,0~D1/00 ~y ~e ~our r~noe
IITy poi/oleO efl~ IDOVi ti rllplctS tO th~ iOOVO tOTer P~oid ion,
CITY OF DENTON
INSURANCE REQUIREMF NTS 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 submi~ion the availability of insurance certificates and
andorsemants as prescribed and provided herein. If an apparent low bidder fails to
comply strictly with the insurance requiremants, that bidder may be disqualified from
award of the contract. Upon bid award, all insurance requirements shah become
contractual obligations which the suee_~__~ful bidder shah 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 sausfactory certificates of insurance, containing the bid number and ufle 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 excepuon 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 comphance 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
· 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
AAA00350
REVISED 10/12/84
Insurance Requirements
Page 2
volunteers, or, the conUactor shall procure a bond guaranteeing payment of losses
and related investigations, clmm administration and defense expenses
· Liability policies shall be endorsed to provide the following
· ® Name as addmonal insured the C~ty of Denton, its Officmls, 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 bc endorsed to provide thirty(30) days prior written notice of
cancellation, non-renewal or reduction in coverage
· 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 gancral annual aggregate limit providing for claims investigation or legal
defense costs to bc included in the general annual aggregate limit, the contractor
shall either double thc occurrence limits or obtain Owners and Contractors
Protective Liability Insurance
· Should any required insurance lapse during thc 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 tis sole option,
terminate this agreemant effective on thc date of thc lapse
AAA00350
2
REVISED 10/12/94
Insurance Requirements
Page 3
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 addiUonal specifications throughout the dumuon of the Contract, or longer, if so noted
IX'] A General Liability Insurance:
General Liability insurance with combined single limits of not less than $1.000.000
shall be provided and mmntamed 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
AAA00360
~EV~SEO ~o,~/e4 CI - 3
Insurance Requirements
Page 4
IX] Automobile Liability ~-.urance:
Contractor shall provide Commercial Automobile Liability insurance with Combined
Single Limits (CSL) of not less than $1.000.000 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 eqmpment used in conjunction with this contract
SaUsfacuon of the above requirement shall be in the form of a policy endorsement for
· any auto, or
· all owned, h~red and non-owned autos
Workers Compensation Insurance
Contractor shall purchase and maln~n Worker's Compensation insurance which, in
addition to mcetlng the mlmmum statutory reqmrements 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 hmlt for occupational disease The City need
not be named as an "Addluonal Insured' but the insurer shall agree to waive all rights
of subrogation against the City, its officials, agents, employees and volunteers for any
work performed for the City by the Named Insured For building or construction
projects, the Contractor shall comply w~th the provisions of Attachment 1 m
accordance with §406 096 of the Texas Labor Code and rule 28TAC 110 110 of the
Texas Worker's CompensaUon Commission (TWCC)
[ ] Owner's and Contractor's Protective Liability Insurance
The Contractor shall obtain, pay for and maintain at all times dunng the prosecution of
the work under this contract, an Owner's and Contractor's Protecttve Liability
insurance policy naming the City as insured for property damage and bodily injury
whtch may arise in the prosecuuon 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
hmtts wtll be at least combined bodily injury and property damage per
occurrence with a aggregate
~00350
R~V~SED ~o,2/e4 CI - 4
Insurance Requirements
Page 5
[ ] ~ DuranCe Legal Liability lmurance
Coverage is reqmred ~f Broad form General Llabthty is not provtded or Is unavmlable
to the contractor or ~f a contractor leases or rents a portion of a City building Limits
of not less than each occurrence are required
[ ] Professional Liability ~-~uFance
Professional liablhty msuranee w~th hm~ts not less than per claim w~th
respect to neghgent acts, errors or om~ss~ons m connection w~th professional services ~s
reqmred under th~s Agreement
[ ] Builders~ Risk Tn,urance
Builders* Pask Insurance, on an All-R~sk form for 100% of the completed value shall
be provided. Such pohcy shall include as "Named Insured" the City of Denton and all
subcontractors as their ~nterests may appear
[ ] Additional T~urance
Other ~nsurance may be required on an individual bas~s for extra h~7~rdous contracts
and specific service agreements If such addmonal insurance ~s reqmred for a specific
contract, that requirement will be descrtbed ~n the "Spectfic Condttxons" of the contract
speclficat~ons.
AAA00350
5
Insurance ReClulremen~.
Page 6
ATTACHMENT !
Worker's Compensation Coverage for Building or Construction Projects for
Governmental EntRies
A Defimttons'
Certificate of coverage ("certlficate")-A copy of a certificate of insurance, a
cerUficate 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' compansauon insurance coverage for the person's or enuty*s employees
providing services on a project, for the duration of the project
Duration of the project * includes the Ume 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 ent~Ues 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 careers, owner-operators, employees of any such entity, or
employees of any enuty which furnishes persons to provide services on the project
#Services" include, without limitation, providing, hauling, or dehvenng
equipment or materials, or providing labor, transportation, or other service related
to a project "Services" does not include acuvlues unrelated to the project, such as
food/beverage vendors, office supply dehvenes, and delivery of portable toilets
B. The contractor shall provide coverage, based on pwper 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
REVISED 10/12/94 CI - 6
Insurance Requirements
Page 7
D If the coverage period shown on the contractor's current certificate of coverage
ends dunng the durauon of the project, the contractor must, prior to the end of the
coverage period, file a new certificate of coverage with the governmental enUty
showing that coverage has been extended
E The contractor shall obtmn from each person pwviding 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 dunng the duration of the project
F The contractor shall rctmn all required certificates of coverage for the duration of
the project and for one year thereafter
O. The contractor shall notify the governmental entity in writing by certified mall or
personal delivery, within 10 days after the contractor knew or should have known,
of any change that materially affects the provision of coverage of any person
providing services on the project
H The contractor shall post on each project site a notice, in the text, form and manner
prescribed by the Texas Workers' Compensation Commission. informing all
persons providing services on the project that they are required to be covered, and
stating how a person may verify coverage and report lack of coverage
I. The contractor shall contractually require each person with whom it contracts to
provida services on a project, to
(1) provide coverage, based on proper repomng of classlficauon codes and
AAA00360
7
~WSEO ~o~ 2~s4 L;I
Insurance Requirements
Page 8
payroll amounts and filing of any coverage agreements, which meets the
statutory requirements of Texas Labor Code, SecUon 401 011(44) for all of
its employees providing services on the proJect, for the durauon of the
pwject;
(2) provide to the contractor, prior to that person beginning work on the project,
a cerUficate of coverage showing that coverage ~s being provided for all
employees of the person providing services on the project, for the duratmn 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 cemficate of coverage ends dunng the duration of the
project,
(4) obtain from each other person w~th 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, ~f the coverage period shown on the
current certificate of coverage ends during the duration of the project,
(:5) rein all reqmred certificates of coverage on file for the duration of the
project and for one year thereafter,
(6) notify the governmental entity m writing by certified mini or personal
delivery, within 10 days after the person knew or should have known, of any
change that materially affects the prov~s~on of coverage of any person
providing serv~eas on the project, and
(7) contractually require each person w~th whom ~t contracts, to perform as
required by paragraphs (1) - (7), w~th the certificates of coverage to be
provided to the person for whom they are prowdmg services
AAA00350
~;V~SEO ~on ~/~4 CI - 8
Insurance Requirements
Page 9
J. By slgolng this contract or prowd~ng or causing to be provided a cerUficate of
coverage, the contractor is representing to the governmental entity that all
employees of the contractor who wtil prowde serwces on the project will be
covered by workers' compensauon coverage for the durauon of the project, that
the coverage will be based on proper mportsng of class~ficanon codes and payroll
mounts, and that all coverage agreements will be filed wtth the appropriate
Insurance career or, in the case of It self-insured, with the commission's Division
of Self-Insurance RegulaUon. Providing false or mssleadmg mformaUon may
subject the contractor to adm~mstrauve penalues, criminal penalUes, civil penalUes,
or other c~wl acUons.
K. The contractor's fmlure to comply w~th any of these provisions ~s a breach of
contract by the contractor wh,ch ent,tles the governmental entity to declare the
contract void if the contractor does not remedy the breach w, thm ten days after
rece,pt of nouce of breach from the governmental ent,ty
AAA00350
~EV~SED ~0/~2/S4 CI - 9