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HomeMy WebLinkAbout2002-263ORDINANCE NO. a?MD ab 3 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF THE LOOP 288 42" AND 36" WATER TRANSMISSION LINES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 2872-LOOP 288 WATER TRANSMISSION LINES AWARDED TO THE LOWEST RESPONSIBLE BIDDER IN THE BASE BID AMOUNT OF $2,132,782.60 PLUS ALTERNATES A AND B IN THE AMOUNT OF $27,500 FOR A TOTAL AMOUNT OF $2,160,282.60). WHEREAS, the City has solicited, received and tabulated competitive bids for the construction of public works or improvements in accordance with the procedures of STATE law and City ordinances; and WHEREAS, the City Council finds that Texas Electric Utility Construction, Inc. ("Texas Electric") is not the lowest responsible bidder due its lack of overall experience including experience on a project this size, because of the time constraints for completing the project, and because of other evidence establishing that there is a substantial risk that it may be unable to complete the project as specified in a timely manner; and WHEREAS, Texas Electric was given written notice of the proposed award and given an opportunity to appear before the City Council to present evidence concerning its responsibility; 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 ofthe public works or improvements described in the bid invitation, bid proposals and plans and specifications therein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the following competitive bids for the construction of public works or improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids: BID NUMBER CONTRACTOR AMOUNT 2872 S.J. Louis Construction of Texas L.T.D., LLP $2,160,282.60 SECTION 2. That the acceptance and approval of the above competitive bids shall not constitute a contract between the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and furnishing ofperformance and payment bonds, and insurance certificate after notification ofthe award of the bid. SECTION 3. That the City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein. SECTION 4. That upon acceptance and approval of the above competitive bids and the execution of contracts for the public works and improvements as authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto. SECTION 5. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the J " day of 2002 EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROT4TY, CVY ATTORNEY row 3-ORD- BID A782 LOOPX88 WATER TRANSMISSION LINES CONTRACT AGREEMENT STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT, made and entered into this P day of September A.D., 2002, by and between City of Denton of the County of Denton and State of Texas, acting through Michael A. Conduff thereunto duly authorized so to do, hereinafter termed "OWNER," and Mansfield. TX 76063 of the City of Mansfield County of Tarrant and State of Texas , hereinafter termed "CONTRACTOR." WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by OWNER, and under the conditions expressed in the bonds attached hereto, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified below: Bid 2872 — Loop 288 42" and 36" Water Transmission Lines in the amount of $2,160,282.60 and all extra work in connection therewith, under the terms as stated in the General Conditions of the agreement; and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the work specified above, in accordance with the conditions and prices stated in the Proposal and the Performance and Payment Bonds, attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), and' Instructions to Bidders, as referenced herein and on file in the office of the Purchasing Agent, and in accordance with the plans, which includes all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by: City of Denton all of which are referenced herein and made a part hereof and collectively evidence and constitute the entire contract. CA-1 Independent Status It is mutually understood and agreed by and between City and Contractor that Contractor is an independent contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas, for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, worker's compensation, or any other City employee benefit. City shall not have supervision and control of Contractor or any employee of Contractor, and it is expressly understood that Contractor shall perform the services hereunder according to the attached specifications at the general direction of the City Manager of the City of Denton, Texas, or his designee under this agreement. Indemnification Contractor covenants and agrees to and does hereby indemnify, hold harmless and defend, at its own expense, Owner, its officers, servants and employees, from and against any and all claims or suits for property loss or damage and/or personal injury, including death, to any and all persons, of whatsoever kind or character, whether real or asserted, arising out of the Work and services to be performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or invitees, whether or not caused, in whole or in part, by the alleged negligence of the officers, servants, employees, of the Owner. Contractor likewise covenants and agrees to, and does hereby, indemnify and hold harmless Owner during the performance of any of the terms and conditions of this Contract, whether arising out of in whole or in part, any and all alleged acts or omissions of officers, servants, or employees of Owner. The provisions of this paragraph are solely for the benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other person or entity. Choice of Law and Venue This agreement shall be governed by the law of the State of Texas and venue for its construction and enforcement shall lie in the courts of Denton County, Texas. The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in written notice to commence work and complete all work within the - - 4mie-stated-in-the-Proposal,-subject to-sueh-extensions-of-tirne-as arm-provided-by-the-Generafand - - Special Conditions. The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of this contract, such payments to be subject to the General and 0YGli10.1 liVllLL1L1V11J V1 L11M liVllLL 6Li L. CA-2 IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. ATTEST: r , Fly, i _.awl l IVI Gl 1" t - WI11 AWLS APPROVED AS TO FORM: CITY ATTORNEY CA-3 13`dI City of Denton C0l+dhL" (SEAL) CONTRACTOR r12MIATI, 11,11,11,11, MAILING ADDRESS �11 ql-7 -0 -)).�0 PHONE NUMBER 61� 41-1 - 055A FAX NUMBER -----------I-/—�--/---- ---- BY: / Uz - TITL (SEAL) 00300 BID PROPOSAL r PROPOSAL OF -3-l' 1-01416 G0pJf7j(46770AI VF 1-721,,LL{P Ja Corporation organized and existing under the laws of the State of /�Nb , a partnership consisting of rblc� � a J� lA the business name of N14- an individual. TO: City of Denton PROPOSAL FOR: Loop 288 42 —inch and 36-inch Water Transmission Pipelines Bid No. 2872 The undersigned Bidder has carefully examined the Invitation for Bids, Instructions to Bidders, this Proposal, the Supplemental Conditions, the form of Contract Agreement and Bonds, the General Conditions of the Agreement, the Specifications, the Drawings, and the site of the work, and will provide all necessary labor, superintendence, machinery, equipment, tools, materials, services and other facilities to complete fully all the work as provided in the Contract Documents; and will execute the contract and bonds in the Contract Documents upon formal acceptance of his Proposal for the unit prices and amounts shown in the attached Table A. Bidder must submit a bid for either Item 1, 2 or 3. Bidder may bid only one of the pipe material alternates, more than one, or all of the pipe material Alternates. Bidder must submit a Bid for Items 4-15. Bidder must submit a bid for Additive Alternate A. a The undersigned bidder will execute the Contract Agreement within fifteen (15) days after receiving a Notice of Award and will furnish approved bonds and insurance as required by the Contract Documents for the faithful performance of the Contract % The attached bid security in the amount of five (5) percent of the amount bid is to become the property of the Owner as liquidated damages for the delay and additional work caused by the failure of the bidder to enter into a contract in the event the Contract Agreement and bonds are not executed within fifteen (15) days. The undersigned agrees to substantially complete all work covered by these Contract Documents by January 31, 2003. The undersigned agrees to achieve final completion by March 15, 2003. The date established for the start of work will be not less than ten (10) days or not more than thirty (30) days after the date of the Contract Agreement, except by mutual agreement of the Owner and the Contractor. Receipt is acknowledged of the following addenda: DATE BY Addendum No. 1 710 'und Addendum No. 2 - LVIJ Addendum. No. 3 D �— Add-ndum No. 4 Addendum No. 5 Addendum No. 6 Bid Proposal 00300-1 DTN02157 Attested By: Secretary (SEAL) If Bidder is a Corporation Respectfully submitted, {' By / .C/�L &d 1! IJH 117h4/l{. ft)�x (Print Name and Title Ili 90 J. 4A�� Addres NOTE: Do not detach bid forms from other papers. Fill in with ink and submit complete with attached papers. a Bid Proposal 00300-2 DTN02157 7/29/02 7:15PM; L-29-2002' 19:03 817 735 7491- -� S J LOUIS CONST'; .Page 4 „ryi Freese & Nichols, Inc. 817 735 7491 P.04/18 BASE Rin TABLE A LOOP 28642-INCH AND 36•INCH WATER TANSMISSION PIPELINES ITEM NO DESCRIPTION UNIT ESTIMATED QUANTITY UNIT PRICE . EXTENDED AMOUNT 1 BAR -WRAPPED C.C.P. a. 42-Inch Clara 2W - LF 6,885 S 110. - Q = b. 364richClear200' LF 5,565 S Z.°_°. C. Ma neelumArcadeGroundbeda FA 12 S 1 a d. Corrosion Monitod Test s EA 13 S 1 °-'- Do.°3 WO l U I AL ITEM 1 1 $ I.Z99F370. 7 I 2 MORTAR COATED STEEL PIPE a. 42-Inch Class 2W LF 6 885 S s- b. 3nch Chas 200 61 LF 5 SB5 S S e. Ma nadum Anode Groundbeds EA 12 S S d, Corrosion Mon!!2N Test Stafkllls FA. 13 s $ SUb I U IAL ITEM 2I s A14 Hid 1 3 POLYURETHANE COATED STEEL PIPE Ia. . 42-Inch Clan 2W LF 6,BB5 S S it. 364noh Class 256 ' LF 5,685 S S c. . um -Anode GMundbede .EA I Id. Cwrosion Monitoft Test Statlons EA 1 13 S S. - .. SU5TOTALITEM3LS No f.,d ITEMS COMMON TO BAR -WRAPPER C.C.P., MORTAR COATED STEEL PIPE AND' - POLYURETHANE COATED STEEL PIPE V' 4 BRANCH LINES a. Ir DR 1S C-600.PVC LF 80 Is ZO. l $ I'1#00. b, 12" DR 14 Ca00 PVC LF Blots 4Z.°_° $ 310,qb0 02 C. - 1tr PCNWM DIPS IThkC1.51 EA 2,830 1 S. (0.0a S 'm S. OPEN CUT ROAD CROSSINGS a. StUartRoad - LF 48 S ZI O. - S I 29 b. Hercules Lane LF 45 s t- 6 ROAD BORE AND TUNNEL CROSSINGS a. L°C1rstStreet Loop2ae LFM-472 $ 400. $ 31.000,- b. Loeust Street Horcules Lane LF$ � •°'° S 32 000 :t e. L 288 SM 12D.W IFs 7 ROAD CROSSINGS IN EXISTING CASINGS ' a. Lou 286 Swart Roes LFS 31 = $ to Z00.w b. Loop268 Locust Sheet LFS AM SB. VALVES & APPURTENANCES a. 42-Inch Manual Operated Sult" Valve w/Vault EA$ se 36,500,— S 00 34So0,— - - b. 36-Inch Manual Operated Butte" EA 7 - - -- -- $ 00 — 1'000 S 04 - ValveW Vault- - - - -- C. 12-Inch Outlet w/ 12-Inch Gets Valve FA 6 1 S 2 ZOO, -, S 13 Z00 - d. 161neh Outlet w/ 16-Inch Gate.VaW EA 4M SS S e. 6-Inch Gate Valve and Fire rant EA .2111 Z S bop, CO f. 8-Inch Gate Valve EA 1 $ 12-Inch Gate Valve EA 7 1 S I $ 00 h. 16.Inch Gate Val" EA 4 4 $ 4.PSnp.4sL-* S e0 01wo." S 1 ow. 9 S e_ (f0/OOp, L 4-inch combination Air Valve w/ 24-Inch Manway. EA 2-Inch Combinallon Air VaNe EA 2 3 Z k 12-Inch BlowoR Valve EA .. 3 S (°00 -- S 1 7/29/02 T16PM.g _ - Ell 735 7491 -> S J LOUIS OOw+cr• PH9e 5 L-29-2002 19 0� Freese & Nichols, Inc. 1317 735 7491 P.05/19 TABLE A (CONTINUED) LOOP 28842-INCH AND 38•INCH WATER TANSMISSION PIPELINES BASE BID ICONTINUEDI ITEM NO DESCRIPTION ESTIMATED QUANTITY UNIT PSRoIC. E EXTENDED AMoO0U0NT CONCRETE ENCASEMENT 200 S $ 10 009 10 PLOWABLE FILL 200 $ 4S% S . _0 11 COARSE GRAVEL EMBEDMENT kEA 200 S 10.V °e $ Z 000.— 12 ROCKRIP-RAP 140 $ tR 13 TRENCH SAFETY 1580 $ 154.40 14 PERMANENTFENCEGATES W1 BRACING B $) / 1 15 MOBILIZATION LS 1 $ 75000.00 1 S 75000.00 SUBTOTAL ITEMS 4-151 S 833,4IZ. r2 I SUBTOTAL ITEM 1 PLUS ITEMS 4,15 S 2 132 7:Z.I= ADD + OR DEDUCT(-) 4°. TOTAL AMOUNT BASE BID ITEM 1 PLUS ITEMS 4-15 is 2 132 2. I_o SUBTOTAL ITEM 2 PLUS ITEMS+15 $ ADD +'OR DEDUCT - -TOTAL AMOUNT SASE BID ITEM 2 PLUS ITEMS 4-15 S L3TA SUBTOTAL ITEM 3 PLUS ITEMS 4.15E • ADD a OR DEDUCT - TOTAL AMOUNT BASE BID ITEM 3 PLUS ITEMS+4.15 Is o . 16 Provision Is made for Bidder to Include an addition (+) or deduction (-) in his bid, if he so chooses, 0-reflect hd:minute adlu*mts In price. The ad"m or deduction, if made, YAti be applied proportionally to the bid Iterlls fertile pipeline eona4ucllon. ADDITIVE ALTERNATE A A REMOVAL OF HOUSE AND LS 1 - S ABANDONMENT OF SEPTIC I 7rSoo.°° 71BOO, °O AT STATION 37+00' ADDITIVE ALTERNATE B r B INSTALLATION OF FIBER OPTIC'LS 1 ro $ se FROM MAINLINE.STATION 0r25.71 TO zpr DoO, — 7Ar t700. — MAINLINE STATION 122+26.82 TOTAL AMOUNT BID, BASE BID PLUS ADDITIVE ALTERNATE A S Z 1 O 2.YZ. TOTAL AMOUNT BID, BASE BID PLUS ADDITIVE ALTERNATE B S It, 37 .7 =e TOTAL AMOUNT BID, BASE BID PLUS ADDITIVE ALTERNATES A 3 B S Z 140 Zgi. a BOND NO. 190-010-815 PERFORMANCE BOND STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That S. J. Louis Construction of Texas Ltd.. LLP whose address is 520 South 6`h Avenue, Mansfield, TX 76063 hereinafter called Principal, and LIBERTY MUTUAL FIRE INSURANCE COMPANY , a corporation organized and existing under the laws of the State of MASSACHUSETTS and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, in the penal sum of Two Million, One Hundred & Sixty Thousand, Seven Hundred & Eighty Two DOLLARS and Sixty Cents ($ 2,160,282.60) plus ten percent of the stated penal sum as an additional sum of money representing additional court expenses, attorneys' fees, and liquidated damages arising out of or connected with the below identified Contract, in lawful money of the United States, to be paid in Denton County, Texas, for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents., This Bond shall automatically be increased by the amount of any Change Order or Supplemental 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 2002- 263 with the City of Denton, the Owner, dated the 3`d day of September A.D. 2002 . a copy of which is hereto attached and made a part hereof, for Bid 2872 — Loop 288 42" and 36" Water Transmission Lines NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill all of the undertakings, covenants, terms, conditions and agreements of said Contract in accordance with the Plans, Specifications and Contract Documents during the original 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-aiI3iZy autli6rizddmodi rcafrons ofsaid ConfacttraTmayfrereaVter—ba rdl de; noticeefwhich modifications to the Surety being hereby waived; and, if the Principal 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 Principal shall fully indemnify and save harmless the Owner from all costs and damages which Owner may suffer by reason of failure to so perform herein and shall fully reimburse and repay Owner ail outlay and expense which the Owner may incur in making good any default or deficiency, then this obligation shall be void; otherwise, it shall remain in 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 time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc., accompanying the same, shall in anywise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc. This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, as amended, and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Denton County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Article 7.19- 1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas. IN WITNESS WHEREOF; this instrument is executed in 4 copies, each one of which shall be deemed an original, this the 3RD day of SEPTEMBER , 2002 ATTEST: AL� SECRETARY ATTEST: BY: q. PRINCIPAL Jr. SA. LOUIS CONSTRUCTION OF TEXAS Ltd.,LLP LIBERTY MUTUAL FIRE INSURANCE COMPANY BY: �rvcc� L, - - - ATTORNEY-nS1-FACT`p� -0 CAROL M. CONLEY The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is: NAME: LIBERTY BOND SERVICES STREET ADDRESS: 12750 MERIT DRIVE #710, DALLAS, TX. 75251 (NOTE: Date of Performance Bond must be date of Contract. If Resident Agent is not a corporation, give a person's name.) M-M LIMITED LIABILITY COMPANY ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF Tarrant On this 3RD day of SEPTEMBER , 2002 before me personally appeared Les V. Whitman to me known, who being by me duly sworn, that he resides in -Mansfield, Texas that he is the General Manager df the s . J. LOUIS CONSTRUCTION OF TEXAS" LTD . , LLP the Limited Liability Company described in and which executed the foregoing instrument; that he signed his name thereto by order of the Board of Governors of said Limited Liability Company. MANDIR.WIWMIS MY COMMIet SIRES Notary Public (NotarySeal) ACKNOWLEDGMENT OF CORPORATE SURETY STATE OF MINNESOTA COUNTY OF HENNEPIN On this 3RD day of SEPTEMBER , 2002 before me appeared to be known, who being by me duly sworn, did say that Carol M, Conley is the aforesaid Attorney -in -Fact of the T Ti RTy MTTTTTAT, FTRI:. TNSTTRANCF W., a corporation; that the seal affixed to the foregoing instrument is the corporate seal of said corporation, and that said instrument was signed and sealed on behalf of said corporation by the aforesaid officer, by authority of its Board of directors; and the aforesaid officer acknowledged said instrument to be the free act and deed of said corporation. Notary Publi Barbara L. Raedeke "otaryea '(�+ �up Notary Public ''!�c'U� Minnesota . My Commission Expires Jan.31, 20D5 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT.IS PRINTED ON RED BACKGROUND. _ 4669 This. Power of Attorneylimits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. - LIBERTY MUTUAL FIREINSURANCE COMPANY BOSTON,MASSACHUSETTS POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Fire Insurance. Company (the "Company'), a Massachusetts mutual insurance company,.pursuant to and by authority of the By-law and Authorization hereinafter set forth does hereby name, constitute and appoint CRAIG REMICK, TONY D. BECKER, NATHAN P. HUGHES, STEVEN C. ARONSON, GARY R. WOODWARD, CAROL M. CONLEY,;BEVERLY'A. SPREIGL, JANET D. BUERG, BRENDA J. PFEIFER, ALL OF THE CITY OF BLOOMINGTON, STATE OF MINNESOTA ............... each individually if there be more than one named, its'true.and lawful attomey in fact to make, execute; seal acknowledge and deliver, for and on its behalf as suretyy and as its act and deed, any: and all undertakings, bonds recognizances and other surety obligations inthepenal sum not exceeding FIFTY MILLION AND 00/100"*'*"•"•*•'•**'•* DOLLARS ($ 50,000,000.00'.**'* ` ) each, and the execution of such undertakings, bonds, recognizances and other, surety obligations] in pursuance of these, presents shall be'as binding upon the Company as if they had been duly signed by the president and attested by the secretary of the Company in their; own proper. persons. That this power is made and executed pursuant to and by authority of the following By-law and Authorization: ARTICLE XVI - Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer or other official of the company authorized for that purposein-writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the company to make, execute, seal, acknowledge and deliver as surety any and allundertakings, bonds, recognizances and other surety obligations. Such attorneys -in - fact, subject to the limitations set forth in their respective powers of attorney,shall have full power to bind the company by their signature and execution of any such instruments and to attach thereto the seal of the company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys -in -fact: Pursuant to Article XVI, Section 5 of the By-laws, Timothy C. Mulloy, an official of Liberty Mutual Fire Insurance Company, is hereby authorized to appointsuch attomeys-in-fact as may be necessary to act in behalf of She company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of Liberty Mutual Fire Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this 11 t day of Marchgnm LIBERTY MUTUAL FIRE INSURANCE -��COMPANY \: B TimofFo C. MulloyAssistant Secretary COMMONWEALTH OF PENNSYLVANIA as COUNTY OF MONTGOMERY On this 11 th day of March , 9009 , before me, a Notary Public, personally came Timothy C. Mulloy, to me known, and acknowledged that he is an official of. Liberty Mutual Fire Insurance Company; that he knows the seal of said corporation; and that he executed the above Power of Attorney and affixed the corporate seal of Liberty Mutual Fire insurance Companythereto with the authority and at the direction of said corporation. IN TESTIMONY WHEHEgq-., II haQ.m er unto subscribed my name and affixed my notarial seal at PlymouthMeeting,Pennsylvania, on the day and year first above written. QQi OONt-yF-0j(! ref t0a, no YP b OF - ry,no ti r p Mnti r, GOLlIY 4 ra Com e , s r za zc o Notary Public CERTIFICATE�NLVPC`4�: r..�ro, ar vvar v�soi noon v I, the undersigned; AssiSta iSuctg Liberty Mutual Fire Insurance Company, do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy, yis Wffill force and effect on the date of this certificate; and I do further certify thatthe officer of official who executed the said power of attorney was one of the officers or officials specially authorized by the chairman or the president to appoint attorneys -in -fact as provided in Article XVI, Section 5 of the By-laws of Liberty Mutual Insurance Company. This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the following vote of the board of directors of Liberty Mutual Fire Insurance Company at a meeting duly called and held on the 12th day of March, 1980. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a certified copy of any power of attorney issued by the company in connection with surety bonds, shall be valid and binding upon the company with the same force and effect as though manually affixed. IN TEESDTIIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said company, this 3RD day of SEPTEMBER20 , n F. X. Hee, Assistant Secretary BOND NO. 190-010-815 PAYMENT BOND STATE OF TEXAS COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS: That S.J. Louis Construction of Texas Ltd., LLP whose address is 520 South 6`h Avenue, Mansfield, TX76063, hereinafter called Principal, and LIBERTY MUTUAL FIRE INSURANCE COMPANY a corporation organized and existing under the laws of the State of MASSACHUSETTS , and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a municipal corporation organized and existing under'the laws of the State of Texas, hereinafter called Owner, and unto all persons, firms, and corporations who may furnish materials for, or perform labor upon, the building or improvements hereinafter referred to, in the penal sum of Two Million, One Hundred &Thirty Two Thousand, Seven Hundred & Sixty Two DOLLARS and Sixty Cents ($ 2,132,782.60) in lawful' money of the United States, to be paid in Denton, County, Texas, for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. This Bond shall automatically be increased by the amount of any Change Order or Supplemental 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 2002- 263 , with the City of Denton, the Owner, dated the 3`d day of September A.D. 2002 , a copy of which is hereto attached and made a part hereof, for Bid 2872 - Loop 288 42" and 36" Water Transmission Lines. NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties and make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying labor and/or material in the prosecution of the Work provided for in said Contract and any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby expressly waived, then this obligation shall be void; otherwise it shall remain in full force and effect. PROVIDED-FURL`HER; thatif-any legal actin rbe­ filed on -this -Board, -exclusive -venue shall- - lie in Denton County, Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc., accompanying the same, shall in anywise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc. RM This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Covernment Code, as amended, and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Denton County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such surety, as provided by Article 7.19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas. IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of which shall be deemed an original, this the 3RD day of SEPTEMBER , 2002 . ATTEST: ATTES n BY: St-. LOUIS CONSTRUCTION OF TEXAS Ltd.,LLP BY: cp IIG!!r (o'ENE.P.rpL , MANAGE SURETY LIBERTY MUTUAL FIRE INSURANCE COMPANY BY: ATTORNEY -IN -FACT CAROL M. CONLEY The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is: ]NAME: LIBERTY BOND SERVICES STREET ADDRESS: 12750 MERIT DRIVE #710, DALLAS, TX. 75251 (NOTE: Date of Payment Bond must be date of Contract. If Resident Agent is not a corporation, give a person's name.) W.qMAJ LIMITED LIABILITY COMPANY ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF Tarrant On this 3RD day of SEPTEMBER 2002 before me personally appeared TPG v Whit3„aa, to me known, who being by me duly sworn, that he resides in Mansfield. Texas that he is the General Manaeer Ofthe S. S. LOUIS CONSTRUCTION OF TEXAS`:LTD., LLP the Limited Liability Company described in and which executed the foregoing instrument; that he signed his name thereto by order of the Board of Governors of said Limited Liability Company. N= MANDIR.NAWAMS MY COMMISSION EXPIRES Notary Public {; Aupust28,2 (Notary eal) ACKNOWLEDGMENT OF CORPORATE SURETY STATE OF MINNESOTA COUNTY OF HENMEPIN On this 3RD day of SEPTEMBER 2002 before me appeared to be known, who being by me duly sworn; did say that G ramZ rCM1 P-Y is the aforesaid Attorney -in -Fact of the T,TRF.RTV muTuAT. FTRF. TNFTTRANrF, rn., a corporation; that the seal affixed to the foregoing instrument is the corporate seal of said corporation., and that said instrument was signed and sealed on behalf of said corporation by the aforesaid officer, by authority of its Board of directors; and the aforesaid officer acknowledged said instrument to be the free act and deed of said corporation. r_;;,, Barbara L. Raedeke �, Notary Public ���;� � Minnesota My Commission E+pires Jan. 31, 2W5 �I a, w,Ra,, �,.�: THIS POWER OFATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND.- 4673 This. Power of Attorneylimits the acts of those named herein, and theyhave no authority to bind the Company except in the manner and to the extent herein stated. LIBERTY MUTUAL FIRE INSURANCE COMPANY BOSTON, MASSACHUSETTS POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Fire Insurance. Company (the "Company"). a Massachusetts mutual insurance company,. pursuant to and by authority of the. By-law and Authorization hereinafter setforth does hereby name, conshtuteand,appoint CRAIG REMICK, TONY:D. BECKER, NATHAN P. HUGHES, STEVEN C. ARONSON,' GARY R. WOODWARD,:CAROL M. CONLEY, BEVERLY A. SPREIGL, JANET D. BUERG, BRENDA J. PFEIFER; ALL(OF THE CIT.YOF BLOOMINGTON, STATE"OF:MINNESOTA ............... each individually if there be more than one named, its true. and lawful attorney -in -fact to make, execute; seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any:and all undertakings, bonds, recognizancesand other surety obligations in the penal sum not exceeding FIFTY MILLION AND 00/100******************** DOLLARS ($ 50,000,000.00*`*** ) each, and the execution of such undertakings bonds, recognizances and other surety obligations;an pursuance of these presents, shall be -as binding upon the Company as if they had been duly signed by the president and attested by the secretary, of the Company in their own proper. persons. That this power is made and executed pursuant to and by authority of the following By-law and Authorization: ' 0 ARTICLE XVI - Execution of Contracts: Section 5. Surety Bonds and Undertakings. o Any officer or other official of the company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as ti the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the company to make, y execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in- c y fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the company by their signature and c execution of any such instruments and to attach thereto the seal of the company. When so executed such instruments shall be as binding as if m signed by the president and attested by the secretary. tirn By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attomeys-in-fact: O N C ? Pursuant to Article XVI, Section 5 of the By-laws, Timothy C. Mulloy, an official of Liberty Mutual Fire Insurance Company, is hereby authorized to L > appoint such attorneys -in -fact as may be necessary to act in behalf of the company to make, execute, seal, acknowledge and deliver as surety any a). and all undertakings, bonds, recognizances and other surety obligations. Nal M 'O That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. O IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the: corporate seal of Liberty C Mutual Fire Insurance Company been affixed thereto in Plymouth Meeting, Pennsylvania this 11 th day of nAar�h Pining ..d C LIBERTY MUTUAL FIRE INSURANCE COMPANY L IMCD N t Timof4 C. Mull ssistant Secre ary O C. COMMONWEALTH OF PENNSYLVANIA ss r COUNTY OF MONTGOMERY 00 aOn this 11 th day of March 20102 before me, a Notary Public, personally came Timothy C. Mullov, to me known, and O acknowledged that he is an official of Liberty Mutual Fire Insurance Company; that he knows the seal of said corporation; and that he executed the above > y Power of Attorney and affixed �the corporate seal of Liberty Mutual Fire insurance Company thereto with the authority and at the direction of said corporation. Z c0i IN TESTIMONY WHE EOF,-I ha2eyhe?eunto subscribed my name and affixed my notarial seal at Plymouth Meeting Pennsylvania, on the day and year first above written. Q�ycN,ONtvg�,'F� OF 'y,;n m ,-nl;o cy Caun:. F� ✓'�"� /N�U/�r�-Q�z MyC r rat �i s rAa 28203 ..Notary Public CERTIFICATE I, the undersigned, AssistPSNeretary Libery Mutual Fire Insurance Company, do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy, is In`f0( force and effect on the date of this certificate; and I do further certify that the officer or official who executed the said power of attorney was one of the officers or officials specially authorized by the chairman or the president to appoint attorneys -in -fact as provided in Article XVI, Section 5of the By-laws of Liberty Mutual Insurance Company. This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the following vote of the board of directors of Liberty Mutual Fire Insurance Company at a meeting duly calledandheld on the 12th day of March, 1980. VOTED that the facsimile or mechanically reproduced signature of any, assistant secretary of the company, wherever appearing upon a certified copy of any power of attorney issued by thecompanyin connection with surety bonds, shall be valid and binding upon the company with the same force and effect as though manually affixed. IN TOSJI ONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said company, this 3RD day of SEPTEMBER JWn F. X. Has, Assistant Secretary Liberty Bond Services,. x=n,— Qf wl.�sNm a c=VP Important Notice TO OBTAIN INFORMATION A8OUT.THIS BOND, TO MAKE A CONIPLAIN T OR TO FILE A NOTICE OF CLAIM: You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights, complaints, or sureh/ company address at: 800-252-3439 You may write the Texas. Department of Insurance at: P. 0. Box 149104 Austin, TA 78714-9104 This notice is rbr irfocmadcn puraoses only and does not Become a ?art cf cr a condition cr the attached document. It is given to comply with, Section 2253.0� . Gcvemment Ccde, and Sacdcn =3.-M' ropery Ccde, ciacdNe Septam6er 1, 2001 ACORD� `GERTIFI'GATELLOF.LIp►B'fLITY kNSUR�iI�ICE: - °A�9/13/02" AA -PRODUCER - 952-830-3000 THIS CERTIFICATE IS ISSUED ASMATTER OFINFORMATION ACOrdla ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 4300 MarketPointe Dr #600 COMPANIES AFFORDING COVERAGE Bloomington, MN. 55435 COMPANY A St. Paul Fire & Marine Ins Cc INSURED S.J. Louis Construction of COMPANY B Interstate Fire & Casualty Cc Texas Ltd, LLP 520 South Sixth Avenue COMPANY C Lumbermen Mutual Casualty Cc COMPANY Mansfield TX 76063 D �COYERAGES' ,'I THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTp TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MWOD/YY) POLICY EXPIRATION DATE IMM/DD/YYI LIMITS A GENERAL LIABILITY KK06300794 11/01/01 11/01/02 GENERAL AGGREGATE $ 2000000 PRODUCTS - COMP/OP AGG $ 2000000 X COMMERCIAL GENERAL LIABILITY CLAIMS MADE a OCCUR PERSONAL & ADV INJURY $ 1000000 EACH OCCURRENCE $ 1000000 OWNER'S & CONTRACTOR'S PROT FIRE DAMAGE (Any one fire) $ 100000 MED EXP (Any one Person) $ 10000 A AUTOMOBILE LIABILITY ANY AUTO KA06300054 11/01/01 11/01/02 COMBINED SINGLE LIMIT 8 1000000 x BODILY INJURY (Per pereon) $ ALL OWNED AUTOS SCHEDULED AUTOS X BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS X PROPERTY DAMAGE 9 GARAGE LIABILITY AUTO ONLY - EA ACCIDENT 8 OTHER THAN AUTO ONLY: ANY AUTO EACH ACCIDENT 8 AGGREGATE $ B EXCESS UABRITY UM01203752 11/01/01 11/01/02 EACH OCCURRENCE $ 8000000 AGGREGATE 9 8000000 X UMBRELLA FORM $ OTHER THAN UMBRELLA FORM A WORKERS COMPENSATION AND WVK6300917 11/01/01 11/01/02 X WC STATU- OR TORV I S ER EL EACH ACCIDENT $ 500000 EMPLOYERS' LIABILITY EL DISEASE - POLICY LIMIT $ 500000 THE PROPRIETOR/ INCL PARTNERS/EXECUTIVE OFFICERS ARE: EXCL - EL DISEASE - EA EMPLOYEE $ 500000 C OTHER 3AT68830701 11/01/01 11/01/02 Builders Risk/ $7,500,000 Limit, $250,000 in Installation Fltr Transit, $250,000 at Temporary Location DESCRIPTION OF OPERATIONSR°CATIONSNEHICLES/SPECIAL ITEMS PROJECT: LOOP 288 42" AND 36' WATER TRANSMISSION LINES. CITY OF DENTON ITS OFFICIALS, AGENTS, EMPLOYEES & VOLUNTEERS ARE NAMED ADDITIONAL INSURED WITH RESPECT TO GENERAL LIABILITY ON A PRIMARY BASIS FOR THE ABOVE REFERENCED PROJECT - REVISED CANCELLATION NOTICE ATTACHED 'CERTIFICATE HOLDER ....CANCELLATION ' ,J'+« �/f3L clL ti/' CITY OF DENTON SHOULNY OF THE ABOVE DESCRIBED POLICIES BE CANCELL RE THE EXPIRATION DA THEREOF, THE ISSUING CO ILLEAVOR O MAIL 901 B TEXAS STREET 30 DAYS WRITTEN E T EPC RnFICATE HOLDER NAMED TO THE LEFT, DENTON TX 76201 BUT FAILURE T°�LA1 CH NOT] L IMPOSE NO OBLIGATION OR LIABILITY OF KIND PON THE COMPANY, ITS R REPRESENTATIVES. AUTHORIZED R ENTATIVE ACORD 25-Sr.(1/95)` 2-.36 :' . - 0 ACORD''CORPORATION 1988 REVISED CANCELLATION CLAUSE: SAID POLICY SHALL NOT BE CANCELLED, NONRENEWED OR MATERIALLY CHANGED WITHOUT 30 DAYS ADVANCED WRITTEN NOTICE BEING GIVEN TO THE OWNER (CITY) EXCEPT WHEN THE POLICY IS BEING CANCELLED FOR NONPAYMENT OF PREMIUM IN WHICH CASE 10 DAYS ADVANCE WRITTEN NOTICE IS REQUIRED.