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.. ~.