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2003-157ORDrNANCE tT0 f-/ 7 CONSIDER ADOPTION OF AN ORDINANCE ACCEPTING COMPETITIVE BDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF THE PECAN STREET INTERCEPTOR PROJECT; PROVDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 3006-PECAN STREET INTERCEPTOR AWARDED TO S.J. LOUIS CONSTRUCTION OF TEXAS, LTD LLP IN THE AMOUNT OF $1,847,323.45). 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 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 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: BD NUMBER CONTRACTOR AMOUNT 3006 S.J. Louis Construction of Texas, Ltd. LLP $1,847,323.45 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 of performance and payment bonds, and insurance certificate after notification of the 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 ~-~/ ATTEST: JENNIFER WALTERS, CITY SECRETARY day of (~ff~,./ ,2003. EULINE BROCK, MAYOR APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY 343RD-Bid 3006 CONTRACT AGREEMENT STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT, made and entered into this A.D., 2003, by and between City of Denton and State of Texas, acting through Michael A. Conduff hereinafter termed "OWNER," and S.J. Louis Construction of Texas Ltd., LLP 2nd day of June of the County of Denton thereunto duly authorized so to do, 520 S. 6t~ Avenue, P.O. Box 834 Mansfield, Texas 76063 of the City of Mansfield , County of Tarrant "CONTRACTOR." and State of Texas , hereinafter termed WlTNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed hy IDWN~.R. and nnd~r Ira rtcmrli~o_n_s expressed ~m Lhe be.,,_ds attached hereto, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified below: Bid 3006 -Pecan Creek Interceptor in t he a mount o f $ 1,847,323.45 a nd a 11 e xtra work i n c ormection t herewith, u rider t he terms a s stated in the General Conditions of the agreement; and at his (or their) own proper cost and expense to furnish all materials, supplies, mackinery, 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 o n file i n t he o ~ce o f t he Purchasing A gent, and i n accordance with t he 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 Engineering Department 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 indemuify, 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 officc~s, $cr-¢anto, or ~,,,y~,~y~ ,~ ,_,wa=~. lu= p~uvi~iuns of tlfis 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 govemed 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 afier the date established for the start of work as set forth in written notice to commence work and complete all work within the time stated in the Proposal, subject to such extensions of time as are provided by the General and 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 Special Conditions of the Contract. CA - 2 IN WITNESS WHEREOF, the parties of these presents have executed tiffs agreement in the year and day first above written. City of Denton ATTt~T: -. (SEAL) S.J. Louis Construction of Texas Ltd.,LLP CONTRACTOR 520 $, 0th Ave. P.O. Box 834 Mansfield, TX 76063 ~iAILINGADDRBSS 817-477-0320 PHONE NUMBER 817-477-0552 APPROVED AS TO FORM: CITY ATTORNEY FAX NUMBER BY: /~ ~r~-~ General Manager ~ TITLE Les V. Whitman PRINTED NAME (SEAL) CA - 3 Bond No. 190-011-649 PERFORMANCE BOND STATE OF TEXAS § COUNTY OF DENTON § /¥cNOW ALL MEN BY THESE PRESENTS: That S.J. Louis Construction of Texas Ltd., LLP,/whose address is 520 S. 6th Avenue, P.O. Box 834, Man.sfietd, Texas 76063 hereinafter called Principal, and Liberty MutualFirelnsuranceCompany~"'"' , a corporation orgamzed 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 fn'mly bound unto the City of Denton, a municipaJ corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, in the penal sam of One Mil~kon Eight Hundr~l Forty-Seven Thousand Three Hundred Twenty-Three and 45/100 DOLLAKS~$1,847,323.45¥gfii'us 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, fn'mly by these presents. This Bond shall automatically be increased by the mount 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 2003-157, with the City of Denton, the Owner, dated the 2"d day of June A.D. 2003, a~"a copy of which is hereto attached and made a part hereof, for Bid 3006 - Pecan Creek Interceptor v'". NOW, THEKEFORE, 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 t he P la.us, Specifications a nd Contract Documents during t he originaI t erin t hereof and a ny 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 a~eements of any and all duly authorized modifications of said Contract that may hereafter be made, notice of which 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 fi:om all costa and damages which Owner may suffer by reason of failure to so perform herein and shall fully reimburse and repay Owner all 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 lie 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. Thc undersigned and designated agent is hereby designated by thc 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, Vemon'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 2nd day of June ., 2003 ~'~ ATTEST: . SECRETARY PRINCIPAL S. J. LOUIS CONSTRUCTION OF TEXAS LT~.D, LLP I SmEN t ATTEST~ SURETY LIBERTY MUTUAL FIRE INSURANCF-t~rOMPANY o- ATTOR~Y-IN-FACT Gary Fl'. Woodward The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is: NAME: PCL Insurance Agency, Inc. - Pauline kesch, Resident Agent STREET ADDRESS: 417 Oakbend Drive, Suite 150. Louisville, TX 75067 ~OTE: Date of Performance Bond must be date of Contract. If Resident Agent is not a corporation, give a person's name.,) PB - 2 NOTICE FROM SURETY REQUIRED 'BY TERRORISM RISK INSURANCE ACT OF 2002 In accordance wi'th the Terrorism Risk insurance Act of 2002 (referred to hereinafter as the "Act"), this disclosure notice is provided for surety bonds on which one or more of the following companies is the issuing surety: Liberty Mutual Insurance Company; Liberty Mutual Fire Insurance Company; LM Insurance Corporation; The First Liberty Insurance Corporation; Liberty Insurance Corporation; Employers Insurance Company of Wausau (formerly "EMPLOYERS INSURANCE OF WAUSAU A Mutual Company"); Peerless Insurance Company; and any other company that is a part of or added te the Liberty Mutual Group for which surety business is underwritten by Liberty Bond Services (referred to collectively hereinafter as the "Issuing Sureties"). NOTICE 'FORMS PART OF BOND This notice forms part of surety bonds issued by any one or more of the Issuing Sureties. DISCLOSURE OF PREMIUM The premium attributable to any bond coverage for "acts of terrorism" as defined in Section 102(1) of the Act is Zero Dollars ($0.00). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will reimburse the Issuing Sureties for ninety percent (90%) of any covered losses from terrorist acts certified under the Act exceeding the applicable surety deductible. LMIC-6539 2/03 LIMITED LIABILITY COMPANY ACKNOWLEDOMENT STATE OF TEXAS COUNTY Of TARRANT On this 2nd day of June, 2003 before me personally appeared Les V. Wh±tma]~ to me known, who being by me duly sworn, that he/she is the (;er~ez'a]. 'Managez~ of the S. J. LOUIS CONSTRUCTION OF TEXAS, LTD., LLP the Limited Liability Company described in and which executed the foregoing instrument; that he/she signed his/her name thereto by order of the Board of Governors of said Limited Liability Company , '-- MY COMMISSION EXpiRES Notary Public ACKNOWLEDGMENT OF CORPORATE SURETY STATE OF MINNESOTA COUNTY OF HENNEPIN On this 2nd day of June, 2003 before me appeared Gary R. Woodward to be known, who being by me duly sworn, did say that he is the aforesaid Attorney-in-Fact of the LIBERTY MUTUAL FIRE INSURANCE COMPANY, 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 corporatiop~ . Notary Publ~, ~~. (Notary Seal) t TERESA HAMMERS i This Power of Attorney limits the.acts of those named herein,, and theyhave no authority to bind the Company except inthe manner and to the extent herein stated. LIBERTY MUTUAE F,RE INSURANCE COMPANYV''~ 759 1 BOSTON..MASSACHUSE'I-FS POWER OF A'I-rORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Fire Insurance Company (the-"Company"), a Massachusetts stock insurance company, pursuant to and by authority of the By,law and'Authprization hereinafter set forth, does hereby name, constitute and appoint ~ CRAIG REMICK, TONyD. BECKER, NATHANP. HUGHES~ STEVENC.iARONSON, GARY-R WOODWARD, JANET D; BUERG~ BRENDAJ; PFEIFER, TERESA HAMMERS,~ CHAR OSTHUS~'ALL OF ~THE CI'FY OF BLOOMINGTON,~STATE OF MINNESOTA ........................................................................................................................ . . . each individually if there be more [nan one namec ds.true anti lawful attorney~in-fact to make execute, seal acknowledge ina oellver, for and on its behalf as sureb/and aslds ac~ a~d deed; a~v ahd all undertakingsl 6ohds, reco~r~izar;des arid-other su'rety oblidations ir~ the'13enal sum not exceeding FIFTY'MILLION AND 00/100~***********'******* DOLLARS ($ ~ 50,000,000.00***** ~ ) each, and the execution of such unQel~aKings; bonQs, recogf31zances..and other surety oerlgatlons,, in pursuance of these presehts, shall be as~binding UDOR the Company as f they had b~en duly'~.ign~d byi~h'~ Dresider~t ~d attested by the SeCretary of he Compahy n the r own prope~ I~ersons That this sower is mass and executed ~ursuant to andby aqthonty of the following By-law and Authorization: ARTICL~E XIII ~ ~ecution 0f ~r~t~'act~: S~ciion 5. S~'r~i:y Bonds and Undertakings Any officer of ti~ C0mean~/adih0rized f6r that purpose.in writing b,) the chairman or the 3resident. and subject to such limitations as the chairman or the ~3resident may prescribe Shah appoint such attorneys-m-fact, as may De necessary to act in behalf of the Company to make execute, seal. acknowledge and deliver as surety:any aris all undertakings, oonds recognizances and other surety obhgatlons. Suct' aaorneys-in~fact, subject to the limitations set forth in their respective Dowers of attorney, shall have full Dower [o bind the Company by the r signature and execution of any sucn instruments and to attach thereto the seal of the Company. When so executed SUCh instruments shell be as binding as if signed by the president and atlested by the secretary By the following instrument the chairman or the oresident has authorized the officer or other official named.therein to appoint attorneys-in-fact: Pursuant to Article XII. Section 5 of the By-Laws Timothy C. Mulloy -Assistant Secretary of Lberty Mutual Fire Insurance Company, is hereby aut~onzed to aosolnt such attorneys-in-fabt:as may be necessary to act in behalf of the Company ~o make execute, sea, acKnowle(]ge an~ deliver, as surety any and all undertakings. COHOS. recognizances and other surety obliganons. That the By-law and the Authorization set torth above are true copies thereof and are now in fu force and effect. IN WITNESS WHEREOF, this power of:Attorney has been subscribed by an authorized officer or official'of the Comp. any and the corporate sea~ of Liberbj Mutual Fire Insurance Company has beeh affixed thereto in Plymobth Meeting, Pennsylvania mis 13thday of December 2000 COMMONWEALTH OF PENNSYLVANIA COUNTY OF MONTGOMERY SS LIBERTY MUTUAL FIRE INSURANCE COMPANY Timo~j C. ML {c;y~sistant Secretary ~. On this 13th day of Decembe~, 2000 . before me, a No ary Pub c, persona y came Timothy C. Mullov, to me known, and acknowledged that he is an Assistant Secretary of Libedy Mutual'Eir~ Insurance Company; that he knows the seal of said corporahon: and that he executed the above Power of Aitorney aha affixed the cdrporate seal of Liberty Mutual Fire Insurance Company meters w~th the authority aha at the direction of said corporation. yname and affixed my notarial seal at Plymouth Meeting; Pennsy~vama. on me say and year '~. Ter~sa-Rastella. Notary public CERTIFICATE the unders~gnea, re[ary of Liberty Mutual F re insurance Company; do hereby certify that the original power of attorney of which the foregoing is a full; true and ~:orrect copy,.l~:in full force and effect 0n the aate'of this ce~lificate; and ii do further certify that the officer or official who executed the said'power of attorr{ey s an.'Assista~t sec~etaq/§pb~iall~ auth0ri~ed Ey tl~e c~airman or the president to aDBoint attorneys-in-fact as Provided in Arti~l~ ~11 Section 5'of tl~ By I~ws of Liberty M-uiu~l Fire nsu~'ance Company. This certificate and the aoove power of attorney may be signed by facsimile or mechanically reproouceo s~gnatures under and by authority of the following vote of the board of directors of Liberty Mutual Fire insurance Co~npany at a meeting duly called and held on the 12th day of March. 1980, VOTED that [ne facsimile or mechanically repro(]ucee s gnature'of:any assistam secretary, of the company wherever appearing UDOn a certified copy otany power of attorney issL~ed by the company m connection with surety bonds shall be valid and binding upon the company with the same force and effect as though manua,y affixed. IN TESTIMONY WHEREOF. I have hereunto subscribed my name and affixed the corsorate sea[ of thJ~'said company, this John. X. Hee Assistant Secretary 2nd aay of Bond Services Important Notice TO OBTAIN IN'FORMATION ABOUT TH~S BOND, TO MAKE A COMPLAINT OR TO FILE A NOTICE OF CLAIM: You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights, complaints, or surety company address at: 800-252-3439 You may write the Texas Department of Insurance at: P. O. Box 149104 Austin, TX 78714-9104 Thie notice is for information purposes only and does nor become a pert of or a condition of the attached document. It is given,to comply with Section 2253. 048, Government Code, and ~ection 53.202. Property Code, Effebtive September ~, 2001 PAYMENT BOND Bond No. 190-011-649 STATE OF TEXAS § COLqXITYOFDENTON § ~wlOW ALL MEN BY THESE PRESENTS: That S.J. Louis Construction of Texas Ltd. LLP.., whose address is 520 S. 6~ Avenue, P.O. Box 834, Mansfield, Texas 76063, hereinal%er called Principal, and Uber%, Mutual Fire Insurance ¢ompanyv"" , 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 One Million Jgight Hundred Forty-Seven Thousand Three Hundred Twenty-Three and 45/100 DOLLARS"(S1,847,323.45)~' 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 OB_L!GATJQN .TO p._A__Y__S~E_i,__co_nditi~ned as follows: Whereas,/he3*ineip~t entered into a certain Contract, identified by Ordinance Number 2003-I 57, with the City of Denton, the Owner, dated the _2nd_ day of June A.D. 20__03 ,,~a Col~y of which is hereto attached and made a part hereof, for Bid 3006 - Pecan Creek Intereeptormmr~". 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 anti/or material in the prosecution of the Work provided for in said Contract and any mad 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 FLrRTHER, that if any legal action be filed on this Bond, 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. PB - 3 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 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 i s executed in _4~ copies, each one o fwhich shall be deemed an original, this the 2nd day of .June ., 2003 ATTEST: , SECRETARY PRINCIPAL S. J. LOUIS CONSTRUCTION OF TEXAS LTD, LLP t'RESIDENT ATTES~ N/A SURETY LIBERTY MUTUAL FIRE INSURANCE CO~Y "ATTOP~EY-IN-FACT Gary R. Woodward The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is: NAME: PCL Insurance Agency, Inc. - PaulineLesch, Resident Agent STREET ADDRESS: 417 Oakbend Drive, Suite 150, Louisville,TX 75067 (NOTE: Date of Payment Bond must be date of Contract. If Resident Agent is not a corporation, give a person's name.) PB - 4 L NOTICE FROM SURETY REQUIRED By TERRORISM RISK INSURANCE ACT OF 2002 In accordance with the Terrorism Risk Insurance Act of 2002 (referred to hereinafter as the "Act"), this disclosure notice is provided for surety bonds on which one or more of the following companies is the issuing surety: Liberty Mutual. Insurance Company; Liberty Mutual Fire Insurance Company; LM Insurance Corporation; The First Liberty Insurance Corporation; Liberty Insurance Corporation; Employers Insurance Company of Wausau ,(formerly "EMPLOYERS INSURANCE OF WAUSAU A Mutual. Company"); Peerless Insurance Company; and any other company that is a part of or added to the Liberty Mutual Group for which surety business is underwritten by Liberty Bond Services (referred to collectively hereinafter as the "Issuing Sureties"). NOTICE FORMS PART OF BOND This notice forms part of surety bonds issued by any one or more of the Issuing Sureties. DISCLOSURE OF PREMIUM The premium attributable to any bond coverage for "acts of terrorism" as defined in Section 102(1) of the Act is Zero Dollars ($0.00). DISCLOSURE OF FEDERAL PARTICIPATION iN PAYMENT OF TERRORISM LOSSES The United States will reimburse the Issuing Sureties for ninety pement (90%) of any covered losses from terrorist acts certified under the Act exceeding the applicable surety deductible, LMIC-6539 2/03 LIMITED LIABILITY COMPANY ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF TARRANT On this 2nd day of June, 2003 before me personally appeared Les V. Whitman to me known, who being by me duly sworn, that he/she is the General Manager of the S. J. LOUIS CONSTRUCTION OF TEXAS, LTD., LLP the Limited Liability Company described in and which executed the foregoing instrument; that he/she signed his/her name thereto by order of the Board of Governors of said Limited Liability Company ----~ M~ COMMISSION EXPIRES ~ Notary Public ACKNOWLEDGMENT OF CORPORATE SURETY STATE OF MINNESOTA COUNTY OFHENNEPIN On this 2nd day of June, 2003 before me appeared Gary R. Woodward to be known, who being by me duly sworn, did say that he is the aforesaid Attorney-in-Fact of the LIBERTY MUTUAL FIRE INSURANCE COMPANY, 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/3 ~ ~ ~"~'~'~"~'~'~'""~'~'~,- (Notary Seal) This Power of Attorney limits'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 FIRE INSURANCE COMPAN~''~ BOSTON. MASSACHUSETTS POWER OF ATTORNEY KNOW ALL PERSONS BY THESE'PRESENTS: -That L~eenyMutuai Fire Insurance Company~e:"Company"), a Massachusetts stock insurance company, pursuant toand 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 JANE? D.~BUERG~ BRENDA J. PFEIFER, TERESA HAMMERS, CHAR OSTHUS, ALL OF THE CITY OF BLOOMINGTON, STATE .OF MINNESOTA. .......................................................................................................................... , each individually iflthe~e]~e m~4 t~ar~ one ~am~d, lis irue and I~wful a;~orn~-in-fact to m~ke, executel seal, ac~n(~wledge and deliver, for and on its behalf as s~rely ~nd as:it~ act ahd;~eed; any and all ~hdertakings:, 5ohds. ~eco~izar~ces ~nd.other surety obligations'in ~f~senal sum not exceeding FIFTY. MILMON AND 00/100~'***~*******'******* DOLEARs-($ 50,000~00.00'***~;~' } each and the execution of such undertakings Oonds recognizances and other surely obligations, re.pursuance'of the~e presents shall be as b~ndmg upon the Company as if they had bee~ duly signed by the b~'eside~t and'attested by he se~etary~i;the Comoahy r~ their own proper Dersons. That this DOWel is made and executed pursuant [o anc Dy aumority of the following By-law and Authorization: ARTICLE XIII: Execution of Contracts: Section 5. Surety Borids and Undertakings. Any officer of.the Company authorized for that purpose .in writing Dy the chairman or the president: and SuDJeC[ tO such limitations as the chairman or the Dres~oent may prescnbe, shall appoint such attorneys-in-fact, as may 3e.necessary to act,n behalf of the Company to make. execute seal. acKnowleoge-and deliver as surety any and ali undertakings, bonds, recognizances and other surely obligations Such attorneys-in-fact, subject to the limitations set forth in their respective-cowers of afforney,.shall.have full power to bind the Company by their s~gnature and execution of any such ~nstruments and to attach thereto the sea of the Company. When so executed such instruments shall be as omo~ng as if signed by the president and attested bythe 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 XII Section 5 of the:By-Laws Timothy C. Mulloy Assistant Sec~'etary of Liberty Mutual Fire Insurance Company is hereby authorized to apeomt such at~orneys-in-lact as may De necessary to act in behalf of the Company to make. execute, seak acKnow~eege ano deliver as surety any anoa undertakings.~bonds, recognizances and other surety obligations. That the By-law and the Authorization set torth above are true cop es thereof and are now in ful force and effect. iN WITNESS WHEREOF, this pov~er of Attorney nas been subscdbed byan authorized officer or official of the Comp_any and the corporate seal of Liberty Mutual Fire Insurance Company has been affixed the~'eto in Plymobth Meeting Pennsylvahia this 13thday of December , 2000 COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF MONTGOMERY On this 13th day of December LIBERTY MUTUAL FIRE INSURANCE COMPANY , 2000 , before me.a Notary Public, personally came Timothv C. Mullov, to me Known, and acknowledgeo that he is an Assistant Secr?tary of Liberly Mutual Fire Insurance Company; that he knows the seal of sa~s coreoration: ano that he executed the above Power of Attorney and affixed the cdrporate seal of Liberty Mutual F re Insurance Company thereto Wlti3 ti~e authority and at the direction of said corporation. IN TESTIMONY WHI first above written 3ame and affixed my no ar a sea a P ymou h Mee ng, Pennsy van a. on the day an(] year -Teresa. Pa§tella. Notary ~'ublie CERTIFICATE I, the unaers~gnea, Liberty MutueJ.'Fire Insurance Company, no hereby cettlly that the original power of attorney of which the foregoing is a full true ann correct copy ]sin full forbe and effect on the datei~f thi~ certificate add ldo further certify that the off car or offic al who executed the said Dower of attorr~e~ is'"~e Assistant Sec~'et~ §p~cially authorized I~ the' chairman or. th~ presi~l~ht to appo n attorneys- n-fact as provided in Article XIII.Section 5 of the By-laws of Liberty Mutual Fire.lnsaran~e'ComDany. This certificate and the above power of attorney may be signed by facsimile or mechanica y reproaucea s~gnatures under and by authon~y of the following vote of the board of directors of Libert~ Mutual Fire Insurar~ce'C~mpan~, at a meeting auly ~alled and held o~ th~ 12th day of March. 1980. VOTED that the facsimile, or mechanically reproduced signature' of any assistant secretary of the company, wnerever appeaeng upon a certified copy of any power of attorney issued by_the company n connection with surety Donas. shall be valid and.binding JDOn the company with the same force and effect as though manually affixed. N TESTIMONY WHEREOF have hereunto subscribed my name and affixed the corporate seal of t,J;~-,~aid company, this 2 F~d day of Joh~-F'. X.: Hee. Assistant Secretary Bond Serv ces .Important Notice TO OBTAIN IN~:ORMATION ABOUT THIS BOND, TO MAKE A COMPLAINT OR TO FILE A NOTICE OF CLAIM: You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights, complaints, or surety company address at: 800-252-3439 You may write the Texas Department of Insurance at: P. O. Box 149104 Austin, TX 78714-9104 This not/ce is for inferrnab'on purposez only and does not become a l~ar~ of or a condition ef the attached document, /t is given to comply with Section 2253.048, Government Cede, end Section 53,202. Proper~y Cede, Effective September 1, 2001 CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Bidder's attention is directed to the insurance requirements below. It is highly recommended that bidders confer with their respective insurance carriers or brokers to determine in advance of Bid submission the availability of insurance certificates and endorsements as prescribed and provided herein. If an apparent low bidder fails to comply strictly with the insurance requirements, that bidder may be disqualified from award of the contract. Upon bid award, all insurance requirements shall become contractual obligations, which the successful bidder shall have a duty to maintain throughout the course of this contract. STANDARD PROVISIONS: Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted work has been completed and accepted by the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter. .4s soon as practicable after notification of bid award, Contractor shall fde with the Purchasing Department satisfactory certificates of insurance, containing the bid number and title of the of any insurance requirements at any time; however, Contractors are strongly advised to make such requests prior to bid opening, since the insurance requirements may not be modified or waived after bid opening unless a written exception has been submitted with the bid. Contractor shall not commence any work or deliver any material until he or she receives notification that the contract has been accepted, approved, and signed by the City of Denton. All insurance policies proposed or obtained in satisfaction of these requirements shall comply with the following general specifications, and shall be maintained in compliance with these general specifications throughout the duration of the Contract, or longer, if so noted: Each policy shall be issued by a company authorized to do business in the State of Texas with an A.M. Best Company rating of at least A. Any deductibles or self-insured retentions shall be declared in the bid proposal. If requested by the City, the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, its officials, agents, employees and volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. · Liability pohcies shall be endorsed to provide the following: Name as additional insured the City of Denton, its Officials, Agents, Employees and volunteers. That such insurance is primary to any other insurance available to the additional insured with respect to claims covered under the policy and that this insurance applies separately to each insured against whom claim is made or suit is brought. The inclusion of more than one insured shall not operate to increase the insurer's limit of liability. · All policies shall be endorsed to read: "SAID POLICY SHALL NOT BE CANCELLED, NONRENEWED OR MATERIALLY CHANGE 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 AD VANCE WRITTEN NOTICE IS REQUIRED". Should any of the required insurance be provided under a claims-made form, Contractor shall maintain such coverage continuously throughout the term of this contract and, without lapse, for a period of three years beyond the contract expiration, such that occurrences arising during the contract term which give rise to claims made after expiration of the contract shall be covered. Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit providing for claims investigation or legal defense costs to be included in the general annual aggregate limit, the Contractor shall either double the occurrence limits or obtain Owners and Contractors Protective Liability Insurance. Should any required insurance lapse during the contract term, requests for payments originating after such lapse shall not be processed until the City receives satisfactory evidence of reinstated coverage as required by this contract, effective as of the lapse date. If insurance is not reinstated, City may, at its sole option, terminate this agreement effective on the date of the lapse. SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: Ail insurance policies proposed or obtained in satisfaction of this Contract shall additionally comply with the following marked specifications, and shall be maintained in compliance with these additional specifications throughout the duration of the Contract, or longer, if so noted: IX] A. General Liability Insurance: General Liabihtyinsurance with combined single limits of not less than $1,000,000 shall be provided and maintained by the Contractor. The pohcy shall be written on an occurrence basis either in a single policy or in a combination of underlying and umbrella or excess policies. If the Commercial General Liability form (ISO Form CG 0001 current edition) is used: · Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual liability covering this contract and broad form property damage coverage. · Coverage B shall include personal injury. Coverage C, medical payments, is not required. If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) is used, it shall include at least: Bodily injury and Property Damage Liability for premises, operations, products and completed operations, independent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures. [x] · Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability. Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than $500~000 either in a single policy or in a combination of basic and umbrella or excess policies. The policy will include bodily injury and property damage liability arising out of the operation, maintenance and use of all automobiles and mobile equipment used in conjunction with this contract. Satisfaction of the above requirement shall be in the form of a policy endorsement for: · any auto, or all owned, hired and non-owned autos. [X] Workers Compensation Insurance Contractor shall purchase and maintain Worker's Compensation insurance which, in addition to meeting the minimum statutory requirements for issuance of such insurance, has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 policy hmit for occupational disease. The City need not be named as an "Additional Insured" but the insurer shall agree to waive all fights of subrogation against the City, its officials, agents, employees and volunteers for any work performed for the Cityby the Named Insured. For building or construction projects, the Contractor shall comply with the provisions of Attachment 1 in accordance with §406.096 of the Texas Labor Code and rule 28TAC 1 10.1.10 of the Texas Worker's Compensation Commission (TWCC). [ ] Owner's and Contractor's Protective Liability Insurance The Contractor shall obtain, pay for and maintain at all times during the prosecution of the work under tiffs contract, an Owner's and Contractor's Protective Liability insurance policy naming the City as insured for property damage and bodily injury which may arise in the prosecution of the work or Contractor's operations under this contract. Coverage shall be on an"occurrence" basis, and the policy shall be issued by the same insurance company that carries the Contractor's liability Insurance. Policy limits will be at least combined bodily injury and property damage per occurrence with a aggregate. [ ] Fire Damage Legal Liability Insurance Coverage is required if Broad form General Liability is not provided or is unavailable 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. [ ] Professional Liability Insurance Professional liability insurance with limits not less than per claim with respect to negligent acts, errors or omissions in connection with professional services is required under this Agreement. [ ] Builders' Risk Insurance Builders' Risk Insurance, on an All-Risk form for 1 00% of the completed value shall be provided. Such policy shall include as "Named Insured" the City of Denton and all subcontractors as their interests may appear. [ ] Commercial Crime Provides coverage for the theft or disappearance of cash or checks, robbery inside/outside the premises, burglary of the premises, and employee fidelity. The employee fidelity portion of this coverage should be written on a '~olanket" basis to cover all employees, including new hires. This type insurance should be required if the contractor has access to City funds. Limits of not less than each occurrence are required. [ ] Additional Insurance Other insurance may be required on an individual basis for extra hazardous contracts mad specific service agreements. If such additional insurance is required for a specific contract, that requirement will be described in the "Specific Conditions" of the contract specifications. ATTACHMENT 1 Ix] Worker's Compensation Coverage for Building or Construction Projects for Governmental Entities A. Defmitions: Certificate of coverage ("certificate")-A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC- 81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in §406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether tlaat person has employec~. Tifi~ ht~l~des, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. The contractor shall provide coverage, based on proper reporting of classification codes and payroll mounts and filing of any overage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the Contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. If t he c overage period sh own o n t he contractor's current certificate o f c overage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all person~ providing services on the project; and (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, with/n 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. The contractor shall post on e ach project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. The contractor shall contractually ~ciuite each pcraon ;;5~ where it cor_~¢t~ m provide services on a project, to: (1) provide coverage, based on proper reporting of classification codes and payroll mounts and filing of any coverage agreements, which meets the statutoW requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the pr6ject, for the duration of the project; (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain from each other person with whom it contracts, and provide to the contractor: (a) a certificate of coverage, prior to the other person beginning work on the project; and Co) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required 6ertificateg of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (7) contractually requke each person with whom it contracts, to perform as required by paragraphs (1) - (7), with t he certificates o f coverage t o b e provided t o t he person for whom they are providing services. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper report'mg of classification codes and payroll mounts, and that all coverage agreements will be filed with the appropriate insurance carder or, in the case of a self- inbreed, with thc co~..m:.n~on's D'~-Asien of Se!f-ln~nrance Regulation. Providin~ false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. BID SCHEDULE FOR PECAN CREEK INTERCEPTOR 457-1030 Item Estimated Unit No. Quantity Description/Unit Price Unit Price Extended In Words in Figures Amount I 30 LF 2 155 LF 3 432 LF 4 For 54-inch steel casing at all depths, for the sum of ~6 Ho~orzPo t4..~eo1 dollars and 14o cents per linear foot. For 54-inch steel casing by boring, jacking or tunneling, for the sum of Fo~I~ HU~Or~-Cr~ dollars JflO. 6 loo, e $ $ and NO cents per linear foot. For 48-inch sanitary sewer PVC at all depths, for the sum of . .'~N~ HU~ ~CefT~F..~l dollars foot.and 14b. cents per linear 7,211 LF For 42-inch sanitary sewer PVC at all ~ depths, for the sum of · ~6~~ ~ ~ dollars and ~o cents per linear foot. 3,212 ~F For 36q'nch ~nifary' sewer~ PVC'"at all depths, for the sum of and H~ cents per linear foot. 6 678 LF 7 2,015 LF 8 20 LF For 30-inch sanitary sewer PVC at all depths, for the sum of ~J~-V'~ r~ dollars and I.~ cents per linear foot. For 27-inch sanitary sewer PVC at all depths, for the sum of ~'EvE=~I"~ dollars and 14o cents per linear foot. For 21-inch sanitary sewer PVC at all depths, for the sum of ~1 FI~ dollars and 14~, cents per linear P-3 ! 00 $ '1o, - $ Iq/, Attachment 1-AD4 · BID SCHEDULE FOR PECAN CREEK INTERCEPTOR 457-1030 Item No. Estimated Quantity 161 Unit LF Description/Unit Price In Words foot. For 18-inch sanitary sewer PVC at all depths, for the sum of For~ r,'~ -' fOl~ ¢- dollars and h4o cents per linear foot. Unit Price in Figures Extended Amount 10 11 12 13 14 15 16 4O 85 26 17 LF ¸ LF LS For 15-inch sanitary sewer PVC at all depths, for the sum of THIP-r~ · t4~¢~' dollars and 14o cents per linear foot. $ 3%- For 8.inch sanitary sewer. PVC at all depths, for the sum of I'H~ ¢-F~ - THIz-EE dollars $ I) and Mo cents per linear foot. $. For construction of Junction- Box No. 1, . complete Tn place, for'the sum of FoF-f~ * <; I*/ l~o~J~,~ o d0/lam sum.and 14z3 cents per lump $ q(ol (..,~, .- LS For construction of Junction Box No. 2,- complete in place, for the sum of q%/~l~¥'~- fW~ 'fH~.v¢~,.~,O dollars and M~ cents per lump sum. LS For construction of Junction Box No. 3, complete in place, for the sumof T~e~F~ - I=IVE Tt&ou,;~,-,~, dollars and ¢o cents per lump sum. EA For 6-foot diameter manh~o~l~for thee sum of FlUE ~r) F(,~; I"~OI~P ' and 14~ cents per each. EA For 5-foot diameter manhole. !r~r the sum ~-St 0Od. ~ P-4 Attachment 1-AD4 BID SCHEDULE FOR PECAN CREEK INTERCEPTOR 457-1030 Item Estimated No. Quantity 17 462 VF .18 280 VF Unit 19 7 EA Description/Unit Price in Words and N° cents per each. $ For manhole lining of 6' manhole, for the sum of ¢~[- Ho~e~,~0 RPI'~ dollars and. MO cents per vertical foot. For manhole lining of 5' manhole, for the sum of 0~ Hu~-EI'2 TCt¢~dollars and ~1~ cents per vertical $. foot. For the removal and off-site disposal of existing manholel complete in place, for the sum of TWo 1'~4o¢;~4J¢~ dollars and ' ldo cents per each. Unit Price Extended in Figures Amount · $ __,-/cO, · $ (off, $ ?_loco,- $ 20 22 EA 21 13,854 22 13,699 LF LF For abandonment of existing manhole, for the sum bf ' O.4E' THo~dp dollars and No cents per each. For providing a pollution prevention system for storm water discharge ,in accordance with the Specifications and the EPA regulations and the assumption of the responsibility of said pollution prevention system, complete in place, for the sum of b~E dollars and 1-¢E~f'~l- Fi,~E cents per linear foot. $ For providing a trench excavation safety protection ·system in accordance with the Specifications and OSHA regulations, and the assumption of the resl~onsibility of said protection system, complete in place, for the sum of 14o dollars and FIVE cents per linear foot. o~ P-5 Attachment 1-AD4 BID SCHEDULE FOR PECAN CREEK INTERCEPTOR 457-1030 Item Estimated Unit No. Quantity 23 120 LF 24 400 CY 25 6OO SY 26 100 -CY Description/Unit Price Unit Price Extended In Words in Figures Amount For concrete encasement where shown on Plans, complete in place, for the sum of ~o¢-fll dollars Mo 4.~'r¢ and cents per linear foot. For rip ra~,,~,pmplete in place, for the sum of RlcrH* r~'ol'lars H,~ c6ul-f and cents per cubic yard. For gabion mattress complete in place, for the sum of ~=liCl~/- ¢t~v£1-J dollars and ~4~ cents per square yard. For Class B concrete for additional encasement, etc., as instructed by the ENGINEER or OWNER at. locations not shown on Plans, complete in place, for the sum of ~'I'~P1-I==~- .dollars and klO cents per cubic yard. $ q0.-~$ q?o°.°° $. 66, ~ ' $ 22~ °°°.-~ 27 1 LS Deduct from Total Amou'nt Bid to be proportionately applied to Items ~., './; '~ in the sum of Dollars and ~ Cents per lump sum. TOTAL AMOUNT BID (Items 1-29), the sum of ~- Dollars and ¢-~f ¢-~¢. Cents. P-6 Attachment 1-AD4 BID SUMMARY TOTAL BASE BID PRICE IN WORDS Provision is made in the bid form for the Bidder to make additions (+) or deductions (-) in his bid, if he chooses, to'reflect last minute adjustments in price. The addition or deduction, if made, will be applied proportionally to the bid items for the pipeline constmction. In the event of the award of a contract to the Undersigned, the undersigned will furnish a performance bond and a payment bond for the full amount of the contract, to secure proper compliance with the terms and provisions of the con/ract, to insure and guarantee the work until final completion and acceptance, and to guarantee payment for all lawful claims for labor performed and materials furnished in the fulfillment of the contract. It is understood that the work proposed to be done shall, be accepted, when fully completed and finished in accordance with the plans and specifications, to the satisfaction of the Engineer. The undersigned certifies that the bid prices contained in this proposal have been carefully checked and are submitted as correct and final. Unit and lump sum prices as shown for each item listed in this proposal} shall control over extensions. Receipt is hereby acknowledged of the following addenda to the plans and specifications: Addendum No. 1 dated Addendum No. 2 dated Addendum No. 3 dated Addendum No. 4 dated Addendum No. 5 dated ~9"~,~./L ,~: ~,~9~ Received ~i~ ]1, ~ Received ~/~ ~ Received ~lZ ~ff ff~ Received R~ceived P-7 Attachment 1-AD4 CONTRACTOR Street AddreSs City and State Seal & Authorization (If a Corporation) Telephone P-8 Attachment 1-AD4 PRODUCER 952-830-3000 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Acordia 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 Zurich InsurabLe Co INSURED COMPANY S.J. Louis Constru~ion of /~_ R Interstate Fire & Casualty Co Texas Ltd, LLP~~.l~_,t~.~ COMPANY 520 South Sixth Avenue f~,"J~)~'~ c Lumbermens Mutual Casualty Co Mansfield TX 76063-- ~ COMPANY I D 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 aY 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. LCT~ TYPE OF INSUR~JI~E POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS X COMMERCIAL GENERAl. LIABILITY I* ':~ ' I OLd,MS M^OS ~ OOCU. i ~-' P.OOUCTS- COMP,OP AGO ZOO0000 PERSONAL & ADV INJURY $ 1000000 -- OWNER*S & CONTRACTOR'S PROT { EACH OCCURRENCE $ 1000000 AU~TOMOBILE LIABle TAP930721800 .~' A ~alcn~/~ 11/01/02 11/01/03 X ANYAUTO~' COMBINED SINGLE LIMIT $ 1000000 -- ALL OWNED AUTOS BODILY INJURY __ ANY AUTO OTHEFI THAN AUTO ONLY: B EXCESS I. IASlMTY UMO1605385 I 1/01/02 11/01/03 EACH OCCURRENCE $ 8000000 WCSTATU- A WORKERS COMPENSATmN AmaD,,// WC930720100/ 11/O1/02 11/01/03 C OTHER 3AT68830701 11/01/02 11/01/03 Builders Risk/ $7,500,000 Limit, $250,000 in Installation Fltr Transit, $250,000 at Temporary Location DESCRIPTION OF OPERATIONSILOCATIONS/VEHICLES/SPECI~I~I,,~OEMS PROJECT: PECAN CREEK INTERCEPTOR~ITY OF DENTONe, ITS OFFICIA/LS, AGENTS EMPLOYEES & VOLUNTEERS ARE NAMED ADDITIONAL INSURED~I(r'~H RESPECTS TO GENERAL & AUTO LIABILITY ON A PRIMARY BASIS FOR THE ABOVE REFERENCED PROJECT. WORK COMP INCLUDES WAIVER OF SUBROGATION IN THEIR FAVOR~'"'- ~ i ~:;i?:il ::ii::i::i::?:i::ii::i~i i~i iiii i i::i ii !! !i i! iii iiiiiiiiiiiiiii iiiiiiiiiiiiiiii::ii il ii i !ii!i!ii!iiii iii~ ~ ::::::::::::::::::::::::::::::::::: CiTY OF DENTON ~ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPI~RA~,,.~ATE THEREOF, THE ISSUING COMPANY WILL ~ MAIL 901 B TEXAS STREET 3~o D~Y$ WRITTEN NOTICE TO THE C~¢RT]FICATE HOLDER NAMED TO THE LEFT, DENTON TX 76201 ~UT r-:~U~: ~: "nE ........ , ..~ ..., ,. ........... ,