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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