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1999-002AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING PUBLIC WORKS CONTRACT FOR RUDDELL STREET BRIDGE IMPROVEMENTS, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE (BID #2298 - RUDDELL STREET BRIDGE IMPROVEMENTS AWARDED TO OSCAR RENDA IN THE AMOUNT OF $414,312 - SECTION El) WHEREAS, the City has solicited, received and tabulated compet, tlve bids for the construction ofpubhe works or nnprovemants 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 herein described bids are the lowest responsible bids for the construction of the public works or improvements deacnbed in the bid invitation, bid proposals and plans and specifications therein, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the following competitive bids for the construction ofpubhc works or improvements, as deacnbed in the "Bid Inwtatlons", "Bid Proposals" or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids BID NUMBER CONTRACTOR AMOUNT 2298 OSCAR RENDA $414,312 ~ That the acceptance and approval of the above competitive bids shall not constitute a contract between the City and the person submitting the bid for construction of such pubhc works or improvements hereto accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the t~mely execution of a written contract and furnishing of performance and payment bonds, and insurance certificate after notification of the award of the bad SECTION III That the Caty Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements m accordance with the bids accepted and approved herein, provided that such contracts are made in accordance wath the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms, conditions, plans end specifications, standards, quantities and specified sums eontamed therein SECTION IV That upon acceptance and approval of the above competitive bids and the execution of contracts for the pubhc works and ~mprovements as authorized here~n, the C~ty Council hereby authorizes the expenditure of funds ~n the manner and ~n the amount as spemfied ~n such approved b~ds and anthonzed contracts executed pursuant thereto SECTION V That tlus ordinance shall become effective ~mmedmtely upon ~ts passage and approval PASSED AND APPROVED this the ~'-7~---~ day of ~/~'~/'~.. 1999 ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY 2298 RUDDELL BRIDOE CONTRACT ORDINANCE ATTACHMENT #1 TABULATION SHEET aiD # 2298 BID NAME RUDDELL STREET BRIDGE OSCAR EARTH REBCON AUI COPPELL IMPROVEMENTS RENDA BUILDERS INC GENERAL CONST CONTRACT DATE ~ El RUDDELL STREET BRIDGE.BID PRICE $414,312 0(] $4t5,95t 42 $514,150 30 $449,412 38 $425,672 08 E2 RUDDELL STREET ROADWAY BID PRICE $t09,191 0(] $89,895 00 $131,513 80 $tt0,394 5(] $93,459 5(] E3 RUDDELL STREET PAVING LOTS BID PRICE $37,957 0(] $22,326 00 $51,322 00 $37,601 0(] $21,836 0(] ADDENDUM # '1 YES YES YES YES YES TOTAL WORKING DAYS 75 75 75 85 75 BOND YES YES YES YES YES 3 CONTRACT AGREEMENT STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT, made and entered into this 5 day of JANUARY A.D., 1999, by and between CITY OF DENTON of the County of DENTON and State of Texas, acting through MICHAEL W. J-E1, City Manager, thereunto duly authorized so to do, hereinafter termed "OWNER," and OSCAR RENDA 522 BENSON LANE ROANOKE, TX 76262 of the City of ROANOKE County of DENTON and State of TEXAS, hereinafter termed "CONTRACTOR" WITNESSETH That for and m consideration of the payments and agreements hereinafter mentmned, to be made and performed by OWNER, and under the conditions expressed in the bonds attached hereto, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified below BID # 2298 - RUDDELL STREET BRIDGE IMPROVEMENTS - SECTION E1 m the amount of $414,312 and all extra work in connection therewith, under the terms as stated in the General Conditions of the agreement, and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superlntendenee, labor, insurance, and other accessories and services necessary to complete the work specified above, m accordance with the conditions and prices stated in the Proposal attached hereto, and m accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), Instructions to Bidders, and the Performance and Payment Bonds, all attached hereto, and m CA- 1 accordance w~th the plans, winch includes all maps, plats, blueprints, and other drawings and pnnted or written explanatory matter thereof, and the Specifications therefore, as prepared by TEAGUE NALLS AND PERKINS, INC. all of winch are made a part hereof and collectively evidence and constitute the enttre contract Independent Status It ~s mutually understood and agreed by and between C~ty and Contractor that Contractor ~s an independent contractor and shall not be deemed to be or consxdered an employee of the C~ty of Denton, Texas, for the purposes of income tax, w~thholdmg, social security taxes, vacatton or stck leave benefits, worker's compensauon, or any other C~ty employee benefit C~ty shall not have supervision and control of Contractor or any employee of Contractor, and ~t ~s expressly understood that Contractor shall perform the services hereunder according to the attached specfficaUons at the general d~recuon of the C~ty Manager of the City of Denton, Texas, or Ins designee under th~s agreement Indemnificatmn Contractor shall and does hereby agree to mdemmfy and hold harmless the C~ty of Denton from any and all damages, loss, or hainhty of any kind whatsoever, by reason of injury to property or tinrd persons occasmned by any error, onnss~on or neghgent act of Contractor, ~ts officers, agents, employees, mwtees, and other persons for whom n ~s legally hable, with regard to the performance of th~s Agreement, and Contractor wdl, at ~ts cost and expense, defend and protect the C~ty of Denton against any and all such clanns and demands Chmce of Law and Venue This agreement shall be governed by the law of the State of Texas and venue for its constructmn and enforcement shall he m the courts of Denton County, Texas The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth m written nouce to commence work and complete all work w~th~n the ttme stated m the Proposal, subject to such extensions of tune as are prowded by the General and Special Cond~tmns The OWNER agrees to pay the CONTRACTOR in currem funds the price or prices shown ~n the Proposal, winch forms a part of th~s comract, such payments to be subject to the General and Specml Condmons of the Contract CA - 2 IN WITNESS WHEREOF, the pames of these presents have executed this agreement m the year and day first above written MAILING ADDRESS PHONE NUMBER FAX NUMBER TITLE APPROVED A~~ P~NTED NAME (SEAL) CA - 3 PERFORMANCE BOND Bond 8149-23-52 STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS That OSCAR RENDA, whose address ~s 522 BENSON LANE, ROANOKE, TX 76262, hereinafter called Principal, and Federal Insurance Company a corporauon orgamzed and existing under the laws of the State of TEXAS, and fully authomzed to transact business m the State of Texas, as Surety, are held and firmly bound unto the C~ty of Denton, a mumclpal corporation orgamzed and existing under the laws of the State of Texas, hereinafter called Owner, m the penal sum of FOUR HUNDRED FOURTEEN THOUSAND THREE HUNDRED TWELVE and no/100 DOLLARS ($414,312) plus ten percent of the stated penal sum as an additional sum of money representing additional court expenses, attorneys' fees, and hquldat~l damages arising out of or connected with the below identified Contract, ~n lawful money of the Umted States, to be paid m Denton County, Texas, for the payment of which sum well and truly to be made, we hereby b~nd ourselves, our heirs, executors, adrmmstrators, successors, and assigns, jomtly and severally, firmly by these presents This Bond shall automatically be mcreascd by the amount of any Change Order or Supplemental Agreement which increases the Contract price, but ~n 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 condmoned as follows Whereas, the Prmmpal entered into a certmn Contract, ldenUfied by Orthnunce Number 99-002, with the C~ty of Denton, the Owner, dated the 5 day of JANUARY A D 1999, a copy of which m hereto attached and made a part hereof, for BID # 2298 - RUDDELL STREET BRIDGE IMPROVEMENTS - SECTION El. NOW, THEREFORE. if the Principal shall well, truly and faithfully perform and fulfill all of the undertakmgs, covenants, terms, conditions and agreements of said Contract m accordance with the Plans. Spec~fications and Contract Documents during the original term thereof and any extenslon thereof which may be granted by the Owner, with or without not~ce 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 undertahngs, covenants, terms, conditions and agreements of any and all duly authorized mod~ficatlons of smd Contract that may hereafter be made, notice of which modifications to the Surety being hereby waived, and, if the Pr~ncipal 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 compleuon and final acceptance of the Work by the Owner, and, if the Principal shall fully ~ndemmfy and save harmless the Owner from all costs and damages winch Owner may suffer by reason of failure to so perform hereto and shall fully reimburse and repay Owner all outlay and expense which the Owner may incur m mahng good any default or deficiency, then this obhgauon shall be void, otherwise, ~t shall remain in full force and effect PB - 1 PROVIDED FURTHER, that If any legal action be filed upon thru Bond, exclusive venue shall he m Denton County, State of Texas AND PROVIDED FURTHER, that the smd Surety, for value received, hereby sUpulates and agrees that no change, extenmon of tune, alteraUon or addmon to the terms of the Contract, or to the Work m be performed thereunder, or to the Plans, Specfficatlons, Drawings, eto, accompanying the same, shall m anywme affect ~ts obhgaUon on thru Bond, and it does hereby waive nottce of any such change, extenmon of tune, alterauon or addmon to the terms of the Contract, or to the Work to be performed thereunder, or m the Plans, Spec~ficatmns, Drawings, etc Thru Bond m g~ven pursuant to the prowmons of Chapter 2253 of the Texas Goverment Code, as amended, and any other apphcable statutes of the State of Texas The undermgned and demgnated agent m hereby demgnated by the Surety hereto as the Remdent Agent m Denton County to whom any reqmslte noUces may be delivered and on whom service of process may be had m matters arising out of such suretyship, as prowded by Article 7 19-1 of the Insurance Code, Vemon's Annotated Clwl Statutes of the State of Texas IN WITNESS WHEREOF, this mstmmem m executed m 4 cop~es, each one of which shall be deemed an Omglnal, thru the $ day of JANUARY 1999. ATTEST PRINCIPAL ATTEST//~. SURETY  ~ Federal Insurance Company Dtanne E Gaas BY ATTORN~-IN-FACT The Remdent Agent of ~e Surety m Denton County, Texas for dehvery of noUce and servtce of ~e process m NAME John L Mond~cs 8235 Douglas Ave , Sulte 828, Dallas, Texas 75225 ST~ET ADD.SS (NO~ Date of Pe~or~nce Bo~ must be ~te of Contract If Restdent Agent ts not a co~or~ton, gtve a p,rson's ~me ) PB - 2 POWER OF A'I'rORNEY FEDERAL INSURANCE COMPANY ATTN SURETY DEPARTMENT 15 Mountmn Vrew Road, Warren, NJ 07059 Telephone (908) 903-2000 Fax No (908) 903-3656 Know ell Men by these Presents, That FEDERAL INSURANCE COMPANY an Indmna Corporet~on, has consbtuted and appo~ntad, anddoasherebyconstitutaandappolnt Arnim I Gerstenmeler, John L Mondics and Larry D Greemhaw of Pall.as, Ts×as ........................................................ each ~ts true and lawful Attorney-in-Fact to execute under such demgnation in its name 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-w~t Bonds and Undertakings (other than Bad Bonds) filed in any suit, matter or proceeding in any Court, or filed with any Sheriff or Magmtreta, 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, including those required or permitted under the laws or regulations relating to Customs or Internal Revenue, L~censs and Permit Bonds or other ~ndemmty bonds under the laws, ordinances or regulations of any State, City, Town, Village, Board or other body or orgamzation, pubhc or pnvata, bonds to Tranaportstion Companies, Lost Instrument Bonds, Lease Bonds, Workers' Compensation Bonds, Miscellaneous Surety Bonds and bonds on behalf of Notanas Pubhc, Sheriffs, Deputy Sheriffs and mmdsr pubhc officials 3 Bonds on behalf of contractors in connection with bids, proposals or contracts In Witness Whereof, the said FEDERAL INSURANCE COMPANY has, pursuant to its By-Laws, caused these presents to be signed by Its Vice President and Assistant Secretary and its corporate seal to be hereto affixed this 17 th dayof April 19 96 C~Z/j~.~~~ ByFEDERAL INSURANCE COMPANY Kenneth C~Nen'~el ' Robe A,,l~tant 8~oret~ry d 'Vi" Pre.ld*nt STATE OF NEW JERSEY '[ ss County of Somerset J On th~s 17 th day of April 19 96 , before me personally came Kenneth C Wendel to me known and by me known to beAssistant Seeretary of FEDERAL INSURANCE COMPANY, the corporation dsscnbed in and which executed the foregoing Power of Attorney, and the said Kenneth C Wendel being by me duly sworn, d~d depose and say that he ~s Assistant Secretary ef FEDERAl. INSURANCE COMPANY and knows the corporate seal thereof, that the seat affixed to the foregoing Power of Attorney is such corporate seal end was thereto affixed by authonty of the By Laws of said Company, end that he mgned sa~d Power of Attorney as Assistant Secretary of said Company by like authority, and that he is acquainted w~th Frank Robertson and knows him to be the Vice President of said Company, and that the signature of smd Frank Robertson subs~nbed to smd Power of Attorney is m the genuine handwriting of said Frank Robertson and was thereto subscribed by authority of sa~d By-Laws and m deponent's presence Notarial Seal ,~'~.~ '~ Acknowledged and Sworn to before me x.~l.~.~ ~p / Notary Public 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 For~ 15 10 0183 (Ed 8-95) GENERAL THERESA B CICHOWSKI N0tmy %bhc State of New ~ H,~ 0.~14101 CERTIFICATION STATE OF NEW JERSEY } County of Somerset ss I, the undersigned Assistant Secretary of FEDERAL INSURANCE COMPANY do hereby cerbfy that the following ~s a true excerpt from the By-Laws of the sa~d Company as adopted by ~ts Board of D~rectors and that th~s By Law ~s m full force and effect "ARTICLE XVIII Sect;on 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 its charter to execute, may and shall be executed ~n 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 respective des;gnations, except that any one or more officers or attorneys-in-fact designated ~n any rsoolut~on of the Board of D~rectors or the Executive Committee, or in any power of attorney executed as prowded for ~n Sect;on 3 below, may execute any such bond, undertaking or other obhgabon as provided in such resolution 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 Chairman or the V~ce Chairman or the President or a Wce President or an Assistant Vice Prso~dent, jointly w~th the Secretary or an Assistant Secretary, under their respective designations The s~gnature of such officers may be engraved, printed or hthographed The signature of each of the following officera Chairman V~ce Cha~r- man, President, any V~ce President, any Assistant Vice President, any Secretary, any Assistant Seoratary and the seal of the Company may be affixed by fecs~mile to any power of attorney or to any certlfloate relating thereto appointing Assistant Ssoretanes or Attorneys-m-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile s~gnature or fecslm~le seal shall be vahd and binding upon the Company and any such power so executed and cerlifled by such facsimile signa ture and facsimile seal shall be vahd and binding upon the Company w~th respect to any bond or undertaking to which it ~s attached" I further certify that ce~d FEDERAL INSURANCE COMPANY is duly licenced to transact fidelity and surety business m each of the States of the United States of America, D~stnct of Columbia, Puerto R~co, and each of the Provinces of Canada with the exception of Pnnce Edward Island, and is 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 is ~n full force and effect Gtven under my hand and the seal of said Company at Warren, N J, th~s 5th day of January , 19 99  Aselstant Secret~ry~/ PAYMENT BOND Bond 8149-23-52 STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS That OSCAR RENDA, whose address ~s 522 BENSON LANE, ROANOKE, TX 76262, hereinafter called Prmmpal, and Federal Insurance Company a corporation organized and exmtmg under the laws of the State of TEXAS, and fully authorized to transact business m the State of Texas, as Surety, are held and fn'mly bound unto the C~ty of Denton, a mumclpal corporation orgam~ed and exlstmg under the laws of the State of Texas, hereinafter called Owner, and unto all persons, firms, and corporations who may furmsh matemals for, or perform labor upon, the budding or nnprovements hereinafter referred to, m the penal sum of FOUR HUNDRED FOURTEEN THOUSAND THREE HUNDRED TWELVE and no/100 DOLLARS ($414,312) m lawful money of the Umted States, to be paid m Denton, County, Texas, for the payment of winch sum well and truly to be made, we hereby b~nd ourselves, our heirs, executors, adrmmstrators, successors, and assigns, .lomtly and severally, firmly by these presents Tins Bond shall automaucally be increased by the amount of any Change Order or Supplemental Agreement winch increases the Contract pmce, but m no event shall a Change Order or Supplemental Agreement winch reduces the Contract pmce decrease the penal sum of tins Bond THE OBLIGATION TO PAY SAME m cond~Uoned as follows Whereas, the Prmmpal entered mto a certain Contract, ~dentlfied by Ordinance Number 99-002, w~th the C~ty of Denton, the Owner, dated the 5 day of JANUARY A.D. 1999, a copy of wfuch m hereto attached and made a part hereof, for BID # 2298 - RUDDELL STREET BRIDGE IMPROVEMENTS -SECTION El. NOW, THEREFORE, d the Prmmpal shall well, truly and fmthfully perform its duties and make prompt payment to all persons, firms, subcontractors, corporations and claunants supplying labor and/or material m the prosecuuon of the Work prowded for ~n smd Contract and any and all duly authomzed mod~ficaUons of smd Contract that may hereafter be made, not,ce of winch mod~ficauons to the Surety being hereby expressly wmved, then thru obhgatmn shall be void, otherwme it shall remain m full force and effect PROVIDED FURTHER, that ~f any legal acUon be filed on flus Bond, exclumve venue shall he m Denton County, Texas AND PROVIDED FURTHER, that the smd Surety, for value received, hereby sUpulates and agrees that no change, extensmn of twae, alterauon or add~uon to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, SpeelficaUons, Drawings, etc, accompanying the same, shall m anywise affect ~ts obhgatlon on flus Bond, and ~t does hereby wmve noUce of any such change, extension of tune, alteraUon or add~tmn to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Spemficataons, Drawings, etc PB - 3 This Bond ,s given pursuant to the provlslons of Chapter 2253 of the Texas Government Code, as amended, and any other l~pphcable statutes of the State of Texas The undersigned and designated agent is hereby designated by the Surety hereto as the Resident Agent m Denton County to whom any requisite notices may be dehvered and on whom service of process may be had m matters arising out of such suretyship, as prowded by Amcle 7 19-1 of the Insurance Code, Vemon's Annotated Ciwl Statutes of the State of Texas IN WITNESS WHEREOF, tlus instrument m executed m 4 cop~es, each one of which shall be deemed an original, this the $ day of JANUARY 1999, ATTEST PRINCIPAL SECRETARY ~ BY / ~..- _~// PRESIDENT ATTEST SURETY  Federal Insurance Corapany Dtaune E Gass BY %TTORNEY-~N-FACT The RemdentAgentofthe Surety mDenton County, Texas for dehvery of notice and servlce ofthe processm 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, gtvea person's name ) 2298 CONTRACT&BONDS PB - 4 POWER OF A'I'rORNEY FEDERAL INSURANCE COMPANY ATTN SURETY DEPARTMENT 15 Mountain V~ew Road, Warren, NJ 07059 Telephone (908) 903-2000 Fax No (908) 903-3656 Know all Men by thaee Preeonte, That FEDERAL INSURANCE COMPANY, an Ind~ana Corporatton, has constituted and appolnted, and does hereby constitute and appo~nt Arnim I Gerstenmeier, John L Mondics and Larry D Greenhaw of Dallas, Texas ........................................................ each Its true and tawfulAttorney-m-Fact to execute under such designation ;n its name 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-w~t Bonds and Undertakings (other than Bail Bonds) filed m any su~t, matter or proceeding tn any Court, or hied with any Sheriff or Magistrate, for the doing or not doing of anything spec~frsd in such Bond or Undertaking 2 Surety bonds to the United States of Amenca or any agency thereof, mcludmg those required or permitted under the laws or regulations reletmg to Customs or Internal Revenue, License and Permit Bonds or other mdemmty bonds under the laws, ordinances or regulations of any State, City, Town, Village, Board or other body or organization, pubhc or private, bonds to Transportation Companies, Lost Instrument Bonds, Lease Bonds, Workers' Compeneabon Bonds Miscellaneous Surety Bonds and bonds on behalf of Notaries Pubhc, Sher~fs, Deputy Sheriffs and similar pubhc offlolals 3 Bonds on behalf of contractors in connection with b~ds, proposals or contracts In Witness Whereof, the said FEDERAL INSURANCE COMPANY has, pursuant to its By-Laws, caused these presents to be signed by its Vice President and Assistant Secretary and its corporate seal to be hereto affixed this 17 th dayof April 19 96 C~orP.9~,l~[~l~"%. FEDERAL INSURANCE COMPANY BY Kenneth C~Nbn"del ' Ro~e ' Asclst~nt Seoretary d ~'VIOe President STATE OF NEW JERSEY '[ se County of Somerset J Onth~s 17t:h dayof April 1996 , before me personelly came Kenneth C Wendel to me known and by me known to baAssistant Secretary of FEDERAL INSURANCE COMPANY, the corporation dascnbed in and which executed the foregomg Power of Attorney, and the said Kenneth C Wendel being by me duly sworn, d~d depose and say that he ~s Asststant Secretary of FEDERAL INSURANCE COMPANY end knows the corporate seal thereof, that the seal affixed to the foregoing Power of Attorney is such corporate seal end wes thereto affixed by authority of the By-Laws of smd Company, and that he s~gned sa~d Power of Attorney as Assistant Secretary of said Company by like authority, and that he ~s acquainted with Frank Robertson and knows him to be the Wce President of said Company, and that the s~gnature of said Frank Robertaon subscribed to smd Power of Attorney is in the genuine handwriting of said Frank Robertson and was thereto subscnbed by authority of smd By-Laws and In deponent's presence Notanal Seal /~_-_ ~ Acknowledged and Sworn to before me /~,~' \~ on the date above written ,, ----' ' , NotG Pub,,c 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 Fom~ lS 10 0183 (Ed ~-95) GENERAL THERESA B CICHOWSKI Notary %bh[ Stateof NewJefl~y ~b,r~ 0014101 C%,~ ~ _ Id' 27 1996 CERTIFICATION STATE OF NEW JERSEY '~ ss County of Somerset J I, the undersigned Asmstant Secretary of FEDERAL INSURANCE COMPANY, do hereby certify that the following ~s a true excerpt from the By Laws of the smd Company as adopted by ~ts Board of Directors and that this By-Law ~s m 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 which ~t is authorized by law or ~ts charter to execute, may and shall be executed ;n the name and on behalf of the Company either by the Chairman or the Vice Chmrman or the President or a V~ce President, jointly with the Secretary or an Aesmtant Secretary, under their respective demgnat~ons, except that any one or more officers or attorneys-in-fact designated in any resolution of the Board of D~ractors or the Executive Committee, or ~n any power of attorney exeouted as prowded for In 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 attomey 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 V~ce Chmrman or the Pramdent or a Vice President or an Asmstant V~ca Pramdent, jo~ntly wlth the Secretary or an Assistant Secratary, underthe~r raspective designations The slgnature of such officers may be engraved, pnnted or iithographed The mgnature of each of the following officare Chmrman, V~ce Chmr- man, President, any V~ce President, any Assistant Wce President, any Secretary, any Assistant Secretary and the seal of the Company may be affixed by facsimtle to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or Attorneys-m Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory tn the nature thereof, and any such power of attorney or certificate beadng such facsimile signature or fa'~strnile seal shall be valid and binding upon the Company and any suoh power so executed and certified by such faosimlle s~gna ture and facmm~le seal shall be vahd and binding upon the Company w~th respect to any bond or undertaking to whloh it ks attached" I further certify that smd FEDERAL INSURANCE COMPANY is duly licensed to transact fidehty and surety business in each of the States of the United States of America D~stnct of Columbia, Puerto Rico, and each of the Provinces of Canada w~th the exception of Pnnca Edward Island, and ~s also duly hcenesd to become sole surety on bonds, undertakings, etc, permitted or requ~rad by the taw I, the undermgned Asmstant Secretary of FEDERAL INSURANCE COMPANY, do hereby certify that the foregoing Power of Attorney ~s in full force and effect 5 th January 99 Given under my hand and the seal of smd Company at Warren, N J, th~s day of , 19  Assistant Secretary/ BID SUMMARY D~vlslon E1 - RUDDELL STREET BRIDGE - BID $ BID PRICE IN WORDS ~ ~,..,~,.~,~ ~'~.*~.~,~ ..,~..~,,~ ~-~ ~,~ BID P~CE IN WO~S ~ ~o~ ~e D~wslon E3 - RUDDELL ST~ET PA~NG LOTS - BID $ BID P~CE IN WO~S ~ ~ ~ ~ TOTAL ~O~NO DAYS (for Q1 Dwmo~) ~ ~ ~ ~e ovem of ~ a~d o~ a co~a~t to ~e ~dem~ed, ~e ~dem~ed ~fil ~h a peffo~co accep~ce, ~d ~ ~teo paTme~t for ~ 1a~l cla~ for Iabor It ~ ~dor~tood ~at ~ ~ork propo~ to be do~e shall be accepted, fm~sh~ m accord~ce Wl~ ~e pl~s ~d speclficauom, to ~e sausfactlon of ~e Engineer The undersigned ~mfies ~at ~e b~d prices contained in this proposal have been c~e~lly checked ~d ~e sub~R~ as ~ect ~d ~ Unit ~d Imp-sm prices as shown for each ~tem hsted m ~s proposal, shEl control over extensmns CONTRACTOR (~)5 C ~,~f~ b~w~a4a~6,' 'Lt~:z Seal (If a CorporaUon) ,// .--- , Telephone P-8 ~VORK DAYS BID NO 2298 PO NO BID TABULATION SHEET Divlslon E1 - RUDDELL STREET BRIDGE IMPROVEMENTS iTI~M DF, SCRIPI'ION UNIT PRICE TOTAL El-1 1 Umt Price m Words El-2 Piers and Abutments 1 LS Umt Price m Words El-3 Drill Shaft 78 LF Unit Price m Words EI-4 Drill Shaft 215 LF $ I~~ Umt PrIce m Words E1-5 38 2 CY m Words EI-6 'C' Concrete - Abutments 46 4 El-7 ',einforced Concrete Slab 6266 Um E1-8 1440 Prme in Words ~t':'~ El-9 I ¢o,=ete Sarr e 'rea, ant 6266 Umt Pnce m Wor~ Umt Pnce m Wor~ U~t ~e m Words ~ _ Umt ~t~ m Wor~ ~ ~ce Wor~ P-3 P-4 I'FKM DH~CRIPTION UNIT UNIT PRICE TOTAL E2-15 10' Curb Inlet 2 EA Umt Price in Words E2-16 III, RGP 210 LF ~5 ~ E2-19 [A~]~tWa~rV~veBox 1 [EA [ $ ~ [$ E2-20 [ ~' Conc~e Drive gppro~h 65 [ SY [$ ~ ~ ~$ Umt ~ m Words ~ ~ ~,~r ~ ~ P-6 ~EB %~ 99 [MON) t0 98 CITY OF DENTON PURCHASINO 940 949 7~02 PAOE 2/~0 CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS BMder's attentt~U is directed to the insurance requirements below, It is Mghly rP~ommended that bidders confer with thdr respective Jnmsmnce mt'ri;rs or brokers to deter~ine in advance of BM sub~qJun the avalhblllty of humrance certificates and endorsements ad prescribed and provided herein. Ir an apparent low bidder hits to comply strictly with the Insurance requirements, that bidder *-ny be disqm,ttfled From award of the contract. Upon bid award, nil insurance requirements shnll become contractual obliptttans which the encormfoi bidder shall have a du~ to maintain throughout the course of this contract. STANDARD PROVISIONS: Without limiting an), of the other oblt~atlens or liabilities of the Cunuactor, the Contractor shall provide and main~tJn until th~ contracted work has been completed and accepted by the City of Denton, Owne~, the minimum lns~iice cove~ase as indicated hereinafter. As soon as practicable after notification of bid award, Contractor shall file with thc Porcbes, i~ Deparml~nt satishctory certificates ofinsoran~, cop_~t_~n~ the bid ~,mher a~l tide of the project Contractor may, upon w~i~en request to the Purcimin~ Depa~tmcot, ask ~or clarification of any insurance t'~luiremcnts at any time; howevor, Conu~c~rs are s~onBly advised to make such r~uem prior to bid opmm~, since the Jnmmmce requn~cments may not I~ modified or waived nl~r bid opan~ unless a written exception has been submitted w~ thc bid Contractor shall not ~omm~ce any work or deliver any nmterinl until ha or she receives .notification ?._h~q tho centraet has been accepted, approved, and si~ned by the City of Denton. All instmmce policies proposed er obtained in sn_*!_~flictiun of these requirements shall comply with the foilowinB ~enm*al spemficattons, and slmll be maintained m complmnco w~th these ~el~ral specifications throughout tim duration of the Contract, or longer, ii* so noted · Hach policy shall be issued by a company authorized to do busmen m the State of Texas with an A.M Best Compa~ rafl~._~ Of at least · Any deductibles or solf-lmttt~l retenttens shall be d~lased m the requested by the Cjt~, tho insuror 8bell reduce or elimimtte such dedu~ubles or self-insured retentions with respect to the CitT. its officials, aBents, employees and volunteers, or, the c~mtmsaor 81mll promun a bond L~aranteeinf~ payment of losses and related investi~tions, claim aflr-t-i~uation and dofensc exponses. ^AAOmO CI- 1 RIIV~D 10/1~4 FEB 15 99 (MON) l0 38 CITY OF DENTON pURCHASING 940 349 7302 PAGE 3/10 ~ Inauranoe Requir®m®nta Peg? 2 · Liability polio]es shall be emiors~d ~o provide the followin~ ooName as additional msm~d the City of Denm~, its Offiemis. Aients, R~'5~loye, en ~ volonteen. ee That suoh insurance is primary to aa:y other insurance available m the additional insured wxth respect to dalms eove~ed tmdor the polioy and that this insurance applies separately m each inmu~d ag~i_n__~t whom clmm or suit ts brought The inclnsmn of more than one msurecl shall not operate to increase the insurer's l,m__;t of ltabthty. · Ail polteies shall be endm~ed to provide thinT(30) dnys prior written not~ce of Should any of the reqtlired ~ be provided trader a ¢lntms-made form, Contraotot sludl maintain such coverage eontmuonsly throughout the term of this contract and, without lapse, for a permd of three years beyond the contract expirntion, sur. h that occurrences nnsmg during the eohtiaet term which g~ve to ¢lntnt~ made after expiration of the contract shall be covered. · ,Should an~ of the required insurance be provided under a form of coverage includes a general annual aggregate limit providing for claims lnvest~gauon or legal defense costs to be inoluded In the general annual aggregate lmut, the ~ontractor gaall either double the oeourrence hmi~s or obt~!~ Owners and Contractors Should any required insurance lapse during the conunot term, requests for paymma onsinagn8 after such lapse shall not be pro~es~d until the C~t7 re~eives satisfeaory eviden~ of reimtated coverage as required by this contract, effective as of the lapse dine. If instmmce ts not reinmted, City may, at its sole OlmOn, terminate this agreement effec~ve on the date of the lapse. Sl~ClFIC ADDmONAL INSURANCE REQ~~S: Ail insurance pohcies proposed or obtained in satisfaction of th.n ConU'act shall additionally these additional specifications throughout the duration of the Contract, or longer, if so noted: FEB l~ 99 (MEN) l0 ~9 CITY OF DENTON pURCHASINO 940 ~49 ?~02 PAOE 4/10 ]nsurenOe Requirements Page ~ IX] A General Liability Insurance: Oeneral L. iabtll~y insunmce with combmed single limits of not less than shall be provided and m~!mst~d by the comrvctor. The policy shall be ~ on an occurreacc basis either in a single policy or m a combination of underlying and umbrella or excess pohcies. If the Ceremonial 6eneral Liability form (ISO Form CG 0001 current edition) is used* · Coverage A shall include premises, operatmm, products, and completed · Coverage B shall include personal ~ury · Coverage C. medical payments, ss not required. If the Comprehensive Geared Liability form (ISO Form GL 0002 Current F. didon and ISO Form GL 0404) ts used, it shall include at least. · Bodily ~ury mi Property Dense Liability for premises, operauons, produots and completed opermtons, indelmldcm contractors and property damag~ resulitnlg from explosion, collapse or ual,aground (XCU) · Broad form contractual liability (preferably by endorsement) covmng this contract, personal injury liabd~ty and broad form property damage liability. · ,,~oo-so Cl - 3 FEB i~ 99 (MON) i0 ~9 CITY OF DENTON pURCHASING 940 ~49 7~02 PAOE 5/~0 ~ Insumn=e Requlremenl~ Page 4 / $//isfacflon of ~e a~ve · ~1 o~, ~ ~ non~ sums IX] Workers Compensation Immranee Contractor shall purolmae and maintain Worker's Compansation insurance winch, m addition to meeting the mt-,mum statutory requiremants for issuance of such imorance, 12s Employer's Liability limits of at I~ast $I00,000 for each accident, $100,000 per each employee, and a $~00,000 pohcy Innit for occupational disease Thc City need not be named as an "Additional Insured" but the insur~ shall agree to waive ail rights of, subrogetton against the City, Its officials, ag_~._~, employees and volunteers for any work performed for the City by the Named Insured. For budding or construction projects, the Contractor shall comply with the provisions of Attachment I m accordance with §406 096 ofthe Texas Labur Code and role 28TAC 110 110 ofthe Texas , Worker's Compmlmmon Commission (I'WCC) [ ] Owner's and Contractor's Protective Liability Tmurnnee The Contractor shall obtain, pay for and maintain at all times during the prosecution of the work under tins contract, an Owner's and Conmtctor's Protective Liability insurance policy naming the City as insured for property damage and boddy injury which may amc in the prosecution of thc 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 I~m,ts wtll be at least combined bodily injury and property dnnmge per [ ] ~ Damage Le~d Liabltity lmmrnnee Coverage is reqmred tf Broad form General Liability is not provided or is unavadnblc to the contractor or if a contractor leases or rents a portion of a City building Limits of not less than ~ each occurrence are required. ~oo3m CI - 4 I~VISED 10/I FES 15 99 {MON) t0 ~9 CITY OF DENTON PURCHASING 940 ~49 7~02 PAGE 6/t0 Insuranoe ~equirements Page 5 [ ] Builders' Risk lnsunmce BUilders' Risk Insurance, on an All-pi~k form for 100~ of the completed value shall be provided. Such policy _~!I include as "Named Insured" *he City of Denton and all sulF, ontractors as their interem may appear [ ] Additional lnmmmce Other insurance may be reqUL,~d on all bldividual basis for ~ b,~?rdous contrac~ and specific service s~reemen~s If such additional insurance is reqmred for a spcmfic contract, that req~t will be descfitmd h the "Specific Conditions" of the contract specifications. ~oo3so Cl - 5 REVI$1~D Insuranaa Requirements Page 6 Worker's Compensation Coverage for BuJmtn~_ or Construction Projects for Governmental iintMes A Deftuiuom. Certiflca~ of coverage ('cenificate")-A copy of a cemfica~e of insurance, a certificate of authority to self-insure issued by the commission, or a coverage n~n~n$ (TWCC-81, TWCC-8~, TWCC-83. or TWCC-84). showing statutory worke~' compensatum insurance coveralle for the person's or entl~y's employees provufin~ services on a project, for the duration o~ the project. Duration of the project - includes the time from the bel~-ni~g 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 provgtng services on the project ("subcontractor" in ~406 096) - includes all persons or entitles performing all or part of the semces the conffactor has undertaken to perform on the project, re~rdlees of whether t_h_~ person contracted directly with the contractor and regardless of whether that person has employees Thb Includes, without Undtm~on. bz~endent contractor~, subcont~ctoz~, lansing companies, motor cazrl=~, owne~-operators, employee: of any such entity, or employees of any entity which famishes persona to provide s~rvlces on the project "Services" include, without limitation, providing, hauling, or dehvenng equxpment or matm'Jnl8, or providing labor, tranapormtion, or other service related to a project. "Services* does not include actiwues unrelated to the project, such as food/beverage vendors, office supply deliveries, ~md dcllv~l'~ Of portable toilets B The contractor shall provide coverage, based on proper reporting of classiflcauon codes and payroll amounts and filing of any overage agreements, which meets thc statutory requirements of Te0ms Labor Code. Section 401 011(44) for all ~nployees of the contractor providing services on the project, for the duration of the project. C. The Contractor must provide a cofliflcate of coverage to the governmental entity ^~AOo~SO CI - 6 REVZ81tD ~0112/94 FEB ~5 99 (MON) l0 40 CITY OF DENTON PURCHASING 940 ~49 7~02 PAGE Insurance Requirements Page 7 prior to bein~ awarded tim contra~t D. If the cov~age p~ind shown on the coniractor*s current cemficam of coverage ends during the duration of the project, the conu*actor must, prmr to the end of die coverage period, file a new certificate of coverage with the gov~-m~entai entity showins that coversSe has been extended E The co~tor shall obtain from each person providing servxces on a project, and provide to the ~vermmmUd entity: (1) a cerflflcat~ of coverage, prior to that person beginnin~ work on the project, so the govermnental entity will have on file c~rtificmm of covemse showing coverage for all persons providing services on the project, and (2) no later limn seven days after receipt by ~lm conlractor, a new cmiflcaze of coverage showing extension of coveraBe, if the coverage period shown once current c~ii~*~cate of coverage ends dunng the duration of the project F. The contractor _~!! retain all required cmtficat~ of coverage for the durauon of the project and for one year thereafter Tim contractor slmil notify the ~ovmmmenml entity m wntmg by certified mad or personal d~livery, w~lthtn 10 days after tim contractor knew or should have known, of any change that materially affects die provmon of coverage of any person providm~ services on the project H. The ~r shall post on each project rote a notice, in the text, form and manner presv, ribed by the T~0ms Workers' Compensation Co*h-~,~smn, llfform!ng ali persons prov!d!~S 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 coai~tor shall contractually require each person with whom tt contracts to AAAO0~II~O RBVmEO 101~1~Z/84 Cl - 7 FEB ~ 99 (MON) ~0 40 CITY OF DENTON PURCHASING 940 349 7302 PAGE 9/10 Insumn~e ~equimrnen~a Page 8 provid~ serves on a project, to: ' (1) Wovlde cov=~ge, based on proper ~ of ~s~on ~ ~ ~H ~ ~ fl~g of ~y ~v~ a~, w~ch m~ ~ s~ ~~ ofT~ ~ C~, ~on ~1 011(~) for all of i~ e~y~ p~id~ ~t~ ~ ~ pmj~, ~r ~ d~afl~ of ~e ~Jm; (2) ~ m ~ m~r, ~ ~ ~t p~on ~ginning work ~ ~ a ~=2 of ~vm~ ~w~ ~t mv~q~ ~ ~g ~ov~dM ~r ~1 ~s of ~ ~n ~v~ ~i~ ~ ~ proj~t, ~r ~ dmtion of (3) ~v~ ~ ~mr, ~or ~ ~ end of ~ ~v~ge ~, a ~w - ~ ~ ~mge ~owing ~i~ of ~ge, if ~e ~v~ge p~M ·own on ~e ~ ~ of ~venge ~ d~ ~e d~on of ~e pmJ~, . T (4) o~ ~om ~ o~ ~ w~ wh~ ~t ~nU~, ~ provide m ~ (a)a ~ of ~v~ge, ~or m ~ o~ ~non ~g work ~ · e ~oj~; ~ ~) a ~w ~ of ~v~e ~ow~g ~i~ of ~v~aae, prior m ~e ~ of ~e ~v~e ~M, ~ ~ ~v~e ~i~ ~o~ on ~e ~ ~ of ~v~ge ~s durt~ ~e ~fion of ~e proj~, (5) r~ gl ~ ~fl~ of ~v~e on ~e f~ ~e d~ of ~ (6) no~ ~ gov~ ~ a ~t~ by ~ ~ or ~ deliv~, wfthtn 10 days ~r ~e ~n~ ~ or ~ ~ve ~, ~ ~y ~ge ~ ~ ~ ~ ~vaion of ~v~ge ~ ~ ~n CI - 8 FEB ~5 99 (MON) t0 40 CITY OF DENTON PURCHASING 940 ~49 7~02 PAOE ~0/10 In~urenoe Requiremenm Page ~ (7) contractually reqlt~re each pm~on with whom it contr~ts, to perform ss required by paraorapbs (1) - ('D, with ~ ~,rtlflcms of ~overage to be provided to the pm~son for whore they are pmv~ling .m-vzces By slsnin~ tMs comra~ m provkhns or ceusin~ to be provided a cefllflcam °f coverqe, the conm~cmr is representin~ to Ihe ~ovemmmtal entity that all etoployaes of tho ool2fl3ctor who will provide services oa the project will be covored by workers' ccmn.Mnntion cov~a~ for tbe duration of th~ project, that the cov~ will Ix= besad on prope~ reportin8 of olssdflcauon codes and payroll insuzance mffr~ or, in tim case ora 8elf-ilmured, wtth the cmnmt~sion's Division of Self-lnsunmce Ro~dlatinn. Pt*ovklin~ fldse or mialeadin~ information toay subject the c(~tractor to .~int~ttqlfive penalties, criminal pe~, civil penalties, K* ,th,. ,..~mt,~,fl~'~ tMlum to coffmlv with any of these provisions is a breach of ' i if tho contractor do~ not reu2dy the oreacn wlmm tins ~my~* void I rece~ of holies of bre~]l f~oto the gove...,enud entre/ ~^oo2~o Cl - 9 aEv~$'~O !011 ~/g4 shown as respects to rob re~aranced abnva. P. .... rmf.r~n~.d .hn.. ~.