2002-263ORmNANCE NO.
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
conslxuction 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 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:
' 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 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 cfi~ day of~__t~,2002
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERB~~c ATTORNEY
-- ~ff~'~ I NLINES
BY:
3 -ORD- BID~ W~ATER TRANSMISS O
CONTRACT AGREEMENT
STATE OF TEXAS
§ COUNTY OF DENTON §
THIS AGREEMENT, made and entered into this 3rd .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
S. J. Louis Construction of Texas Ltd, LLP
520 South 6th Avenue
Mansfield, TX 76063
of the City of MansfieM
termed "CONTRACTOR."
, County of Tan'ant
and State of Texas , hereinafter
WITNESSETH: That for and in consideration of the payments and agreements here'mafter
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 mount 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), ana- I~s-trffc~ to ~-~d'~, 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 draw'mgs 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 fights, 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
time-stated4n4tie Proposalrsubjec~ -to~u~h-extensions~ of~ime ~as are~p re vid ed~ y-t. he~Genera[ 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
CA - 2
IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the
year and day first above written.
ATTEST:
AT~?EST:
City of Denton
OW R./
J(S~,AL)
CONTRACTOR
~da'tdt' I~ . UFl-{ lt'a,v~.s
MAILING ADDRESS
PHONE NUMBER
FAX NUMBER
......................................
k.,," t TITLE
APPROVED AS TO FORM:
CITY ATTORNEY
(SEAL)
CA- 3
00300 BID PROPOSAL
~~ , Texas
, 20
PROPOSALOF ~J/-o~i.d ,
a Corporation organized and existing under the laws of the State of ~//~, a partnership consisting of
'~ ~ ,~~ the bu~siness name of ,/V/~- , an individual.
TO: City of Denton
PROPOSAL FOR: Loop 288 42 -inch and 364rich Water Transmission Pipelines
Bid No. 2872
The undersigned Bidder has carefully examined the Invitation for Bidsl In'structions 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,
superin'~pndence,- machinery, equipment, tools, materials, services and other facilities to domplete fully all the
work as provided inthe Con~mct 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.
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 Contrect.~ The attached bid security in the amount of five (5) pement 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 i~to a contract in the even'~ the Contract Agreement and bonds are not
executed within fifteen (15) days. /
The undersigned agrees to substantially compiete 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
Addendum No. 2 /-I/~
Addendum No. 3 ~/~q,7~ ~1//~,1
Addendum No. ~
Addendum No. 6
Bid Proposal 00300-1
DTN02157
Attested By:
Saeretary
(SEA[.) If Bidder is a Gorporation
Respectfully subrgitted, ~
(Print Name and Tte~
NOTE: Do not detach bid forms from other papers. Fill in with ink and submit complete with attached papers.
Bid Proposal 00300-2
DTN02157
Freese & Nichols, Inc. 817 '~3~ 7491
TABLE A
· LOOP 288 42-INch AND 38-INCH WATER TANSMISSION PIPELINES
BA~E BID
'i~EM ~ ESTIMATED UNI'F . EXTENDED
NO DESCRIPTION UNIT QUANTITY PRICE AMOUNT
I BAR-WRA~'PED C.C,P.
=. C=rmslon~WnitmtngTastStakms · EA ' 13 $ t.eeo.~.~· iS
SUSTOTAL ITEM 1 ~ $ t.'~11.'~?o.~-
2 MORTAR COATED STEELPIPE
~. 42-1nc, hClass2a0 LF 6~685 $
=. 3~lnch Class 2~O LF : 51585 $
Mai]neelum Anode Gmundbeds EA 12 $
~, Corros,{oflMonitoftll~Tas~StatJons EA. 13 $
SUBTOTAL ITEM
3 POLYURETHANE COATED 6¥~=L PIPE
3. 42-1ncl~ Class 200 LF 6.6~5 $ $ ".
~, 36-1nchOla~s200 ,LF S,~ $
Magnesium Anbde Gro~'~lbede
:L C~u~nMonil~.n~TestStatt~n~ EA 13 $.. $
· ·
~EMS COMMON TO BAR.WRAPPE{~ C.C.P. MORTA~ CO~TED STEEL PIPE AND' .
POLYURETHANE COATED STEEL PIPE
~, 3RANCH LINES , · . ,.. .
!~. E'DR1,SC-GOOPVC '' LF 80 $ ~O.~ $ IJ(~)O~°~'
).. 1~DRI4~PVC ~ * · ~0 S N~.~' $ ~,q~,~
c.' .1~Pa~DIP(8~I~CI. 51) ~ 2,~. $'- ~.~. $
5. 3PEN CUT ROAD CROSSINGS . ..
6 ~OAD BORE AND TUNNEL CROSSINGS
c. L~2~1~ LF ~ S q~.~
7 ROAD C~q~INGS.~ ~S~Ne CAS N~ . ,
b. tmp~S~ ~ 4~ $ NT.~ $ ~1~.~
8. VALVES & APPURTE~NCES
a. ~-I~hMan~lO~S~va~wlVaua ~ I $~G,~.~ $ ~'.~
e, ~ln=h~Va~a~Fim~ ~ 2 ~$~t~.~ $~.~
L ~n~Gate~Ne ~ 1 $ ~.~ ,$ ~.~
g. 12-1noh~teValve ~ 7 $ I~1~.e~ I$ 7,~.~
h '" 2~lnch~i~ C~m~ Air Va~ w/~. ~ 4 $10~.~_/' ~ ~1~.'
L 2-1~ Com~AlrVa~ ~ 2 $ ~tt~*~ $' ~-~'~
P.04/18 ,.; ;;:!
"v Freese & Nichols, Inc. 817 735
TABLE A (OON11NUED}
LOOP 288 42-INCH AND 38-INCH WA'~ER TANSMtSEiION pIPELINES
eASE aid (co~rnNueoI
ITEM ESTIMATED UNIT ' IDCTENOED
NO DESCRIPTION UNIT QUANTITY PRICE AMOUNT
9 CONCRETE ENCASEMENT LF 200 $ ~-O.~ $
10 FLOWASLEFILL . LF 2~0 $ - t4~._e~ · $ ~llOOo.~
11 CO. ARSEGRAVELEMBEDMENT LF 200 $ Io.~ $
12 ROCKRIP-RAP CY 140 $ /~.~ S
13 TRENCHeAFETY LF 15,1~3 $ O.o--I $
14 PERMANENTFENCEGATES .,'. EA B $i.a,l'c''OO.e~ S
iWI BRACING
'1'5 aOBILIZATION. L$ I S 75,(~0.00 $ 75,1300,00
SUBTOTAL iTEMS 4.15 $
SUBTOTAL ITEM f PLUS ITEMS 4-15
· ADD (~) OR DEDUCT (-) . -
TOTAL AMOUNT BASE BID rT.EM 1 PLUS ITEMS 4-15
SUBTOTA~ ~TEM 2 PLUS ~TEMS 4-15
- ' ADD (+)QR DEDUCT (-)
·:TOTAL
P.05/1B
Pro~aion b made for Bidder to Incta~e an addllfl~ (+) or dedu~On (-) in his bid, if he aa che~ms,
~.reflect last:minute adJuatmants In ~=e. The ad~ ¢~ dad,~n, if made, ~ ~ al~isd
proporliona~ly to the t~ld ~ ~or ~ pipeline oonettu~on.
ADDITIVE ALTERNATE Et
B INSTALLATION OF FIBER OPTIC . ' 'LB
FROM MAINLINE.STATION 0+2S.71 TO
·
I IMAINLINE STATION 122+.2a.S2
ITOTAL AMOUNT, BED, BASE BIO PLUS
~r"~"~AL AMOUNT BID, BASE BID PLUS ADDITIVE ALT_ERNATE B
[TOTAL AMouNT BID, BASE BID PLUS ADOITIV,E, ALTERNATES A & B
BOND NO. 190-010-815
PERFORMANCE BOND
STATE OF TEXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS: That S. 3. Louis Construction of Texas Ltd., LLP
whose address is 520 South 6th 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 fu-mly 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 exp.enses, attorneys' fees, and liquidated damages arising out of
or connected with the beIow 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, TFI~REFOKE, 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 undertaldngs, covenants, terms, conditions and agreements of any
..... ~d-~I~u~-aral2i6fi~d-'fiabdiS-Z~fi6n~ 6£s~ -Cbfiff-aet ~hr~r~y-y h~r~ft~-b-e-nla-d~;m-o-tic-e 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 from all costs and damages which Owner may
· suffer by reason of failure to so peribrm herein and shali fully reimburse and repay Owner ail outlay
and expense which the Owner may incur hi making good any default or deficiency, then this
obhgation shall be - void; otherwise, it shall remain in full force and effect.
PB - 1
PROVIDED FLTKTHER, 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 oft/me, alteration or addition to the terms of the Contract, or to the
Work to be performed thereunder, or t6 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 oft/me, 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 requisiie 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.
12q WITTCESS Vv'I-12EI>,.I~OF~ this instrument is executed in 4
shall be deemed an original, this the 3RD day of SEPTEMBER j 2002
__copies, each one of which
ATTEST:
SECP,2ET~Y
ATTEST:
PRINCIPAL
S.q:. LOUIS CONSTRUCTION OF TEXAS Ltd.,LLP
SURBTY
LIBERTY MUTUAL FIIRE INSURANCE COMPANY
/ ,
....... ~TDRNI'~X-Ilq_-F~_C_,~ .... ~ ..
CAROL M. CONLEY
The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service (~f the
process is:
N3~: LIBERTY BOND SERVICES
STRJ~ETAdDDP,~SS: 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.)
PB - 2
LIMITED LIABILITY COMPANY ACKNOWLEDGMENT
STATE OF 't~:As
COUNTY OF Tarrant
On this 3RD day of SEPTEMBER , 2002. before me personally
appeared Les V. ~J_t~a~ to me known, who being by me duly sworn,
that he resides in 1vEm~-sfield, Texasthat he is theGeneral Manage~
Of the s. J, LOUIS CONSTRUCTION OF TEXAS",L~., 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.
(Notary ~e~l) -
ACKNOWLEDGMENT OF CORPORATE SURETY
STATE OF MINNESOTA '
COUNTY OF
On this 3RD .day of SEPTEMBER ,. 2002 before me appeared to
be known, who being by me duly sworn., did.s.ay that. Ca~ol M, Conle¥
is the aforesaid Attorney-in-Fact of the T,T~,R'~r ~T~TAT. ~T~ T~.~TmA~C,~ C.n., 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 Public
Minnesota
This Power of Attorney limits theacts of those named herein, and theyhave no authority to bind the Company except in the manne~ and tO the
extent herein stated.
LIBERTY MUTUAL FIRE:INSURANCE COMPANY
BOSTON; MASSACHUSETrS
POWER OF ATTORNEY
KNOW ALL PERSONS BY THESE PRESENTS:
That Libedy Mutual Fire Insurance Company the "Company"), a Massachusetts mutual insu[ance company, pursuant to and by authority of the By-law and
Authorization hereinalter~et orth d~es hereby nam~':~onstitute and'a~in~: CRA ~ REM ~K T~i~;~: D ' BE~-~;R NATHAN P, H
- .~ · -- .~ ~ ~.- ~ '~.--- ~ ........
STEVEN C. ARONSON; GARY R. WOODWARD CAROL M~ CONLEY~ BEVER[.Y'A. SPREIGt.
JANET D. BUERG; BRENDA J. PFEIFER, ALL.OF THE CITY OF BLOOMINGTON STATE OF MINNESOTA ...............
, each individually if there be mole than one ~amed, its:trae and lawful afforne~qmfact to make, eX~cuJe, seal, acknowledge and deliver, for and on its
behalf as surety and as its act and'.deed, any;and all ufldertakings, bonds, t~c0~nizanc~ ahd other s~Jrety obligation~iir~ the penal sum not exceeding
FIFTYMILL[ON AND00/100**~ ~ - /'/~:~. DOLORs($ 50,000,000,00'~***:i: ) each, and the
execution of such undedakings bond~ re~bgr} zances and otl~ §~JrptY obligat ~ ih pursuanc~ 0f the~ p~esents, shall b~ ~ binding upon the Company as if --
__ they had been duly signed by the presidenti~nd attested by the'~b?~ta~ 6f th~ilC~pany in.ih&ir 0wn proper p~r~on§:' i""
That this power is made and executed pursuant to andby authority of th~ f0110wing By-law and ~uthorizali0n: '
ARTICLE XVl - Execution of Contracts: Section 5. Surety Bonds and Undertakings.
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
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 all undertakings, 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 XV, Sec on 5 of the By-laws, Timothy C. Mulloy, an official of Liberty Mutua[ Fire Insurance Company, is hereby authorized to
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 all undertakings, bonds, recognizances and other surety obligations.
That the By- aw and the Authorization set forth above are true copies thereof and are now in full force an¢ effect.
IN WITNESS WHEREOF, this Power of Aitorney 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 11thday of t~l~r~h , ~NN~ .
LIBERTY MUTUAL FIRE INSURANCE COMPANY
Timot~ C. MullCssistant Secretary
COMMONWEALTH OF PENNSYLVANIA ss
COUNTY OF MONTGOMERY
On this 11th dayof March ,2002, before me, a Notary Public, personally came Timothy C. Mullov, 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 thai he executed the above
Power of Attorney and affixed the corporate seal of Liberty Mutual Fire Insurabce Company thereto with the authority and at the direction of said corporation.
N TEST MOb ~ subset bed my nam~ an~ affixed rr}y notadal semi at Plyrn0bth Meeting Pennsylvania on the day and year first
Rotary Public '
CERTIFICATE 'i i '
I, Lil:J~r~y Mutual Fire In~ur~n~ cempanyl do hereby;c~rtify that ih~ 0dginal;p~w~r ~ attorney of which the foregoing is
a full, true and correct cop~ i ffect on the date of this cbrtific~ie; and I do Ibrths~ cedify th~ ihe officer er 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 XVl,
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 ir} connection with surety bonds, shall be valid and binding upon the company with the same force
and effect as though manually affixed.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said company, this 3RD day of SEPTEf4BER
2002
'¢ ;' ~f~n ~=. X. Hee, Assistant Secretary
BOND NO. 190-010-815
PAYMENT BOND
STATE OF TEXAS
COUNTY' OF DENTON §
KNOW ALL MEN BY THESE PRESENTS: That SJ. Louis Construction of Texas Ltd., LLP
whose address is 520 South 6th 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, and unto all persons, fn-ms,
and corporations who may furnish materials fog 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
lawfufmoney 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 3rd 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, frans, 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.
......... PRO~]D'ED- FlfRTI-{EKi thxt ifany legal zctiourb¢ file& on~-fi s- Borrd;- ex chisive urenue- 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, Vemon's Annotated Civil Stamtas of the State of Texas.
IN WITNESS WHER_EOF, this insmzrnent is executed in 4 copies, each one of which
shall be deemed an original, this the 3RD day of SEPTEMBER, 2002.
ATTEST:
PRINCIPAL
S.~. LOUIS CONSTRUCTION OF TEXAS Ltd.,LLP
ATTE
SURETY
LIBERTY MUTUAL FIRE INSURANCE COMPANY
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:
NA3/ZE: LIBERTY' BOND SERVICES
STREETADDRESS: 12750 MERIT DRIVE #710, DALLAS, TX. 75251
~(NOTEi' Dare of Payment Bond must be date of Contract. If Resident Agent is not a corporation,
give a person's name.)
PB - 4
LIMITED LIABILITY COMPANY ACKNOWLEDGMENT.
STATE OF ~EZ~S
COUNTY OF T~v'r~nt
On this 3RD day of SEPTENBER , 2002 before me personally
appeared T,~ v W~,~ to me known, who being by me duly sworn,
that he resides in Mansfield, Texas that he is the General Manager
0fthe 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.
Notary Public
' ' (Notary ~eal)
ACKNOWLEDGMENT OF CORPORATE SURETY
STATE OF MINNESOTA '
COUNTY OF
On this 3RD day of SEPTENBER , 2002 before me appeared to
be known, who being by me duly sworn, did say that
is the aforesaid Attorney-in-Fact of the T,T~'~D~,-¢ ~T~iA~', ~:r~ TN~TRA~C~. ¢,n., a
corporation; that the seal affixed to the foregoing instrument is the corporate seal of said
corporatior% 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.
NotaP/p ublic
Minnesota
~r'46tary Sea]~ J '
THIS pOWER OF A'n'ORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 4(~7J '~
This:PoWer of Attorney limits the:acts Of those named he?ein;- and they have 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 ATrORNEY
KNOW ALL PERSONS BY THESE PRESENTS:
That Libedy Mutual Fire Insurance Company the "Company", a Massachusetts mutual insurance company, pursuant to and by authodiy of the Byqaw and
Authodzation hereinaftersetfor~h deeshereby name ~onstituteand a~)poin~ CRA ~ Ri=Mi~i( ToN¥:DiBECKER NATHAN P. HUGHES,
STEVEN C. ARONSON GARY R, WOODWARD :i. CAROL'M; CONLEY,.BEVERI~Y'A; SPRE GL
JANET D. BUERG, BRENDA J. PFEIFER ALL'OF THE CI~'OF BLOOMINGTON, STATEOF:.:MINNESOTA ...............
, each individually if there be mo~.[h~rt on~;~med, its ti'Oei~nd law[ul attorney;in:fact t0 ~ake ex~eu~e seal ackr~owl~dge and deliver, for and on its
behalf as surety and as its act andld~d, an~ ~nd all undertakings, bonds, re~oonizanc~ a~d other ~urety obligation's]~ the penal sum not exceeding
FIFTY MILLION AND ************************** ' '
· _DOLEARs ($ 50,O00,000~00'~*** ii ) each, and the
execution of such undertakings bonds rebbgnizances and other Sbrety obligations In pumu~n~e Of these p~esents shall 5~ es binding upon the Company as if --
they had been duly signed by the president and attested by the S~C?~ta~ 0f th~ ~empany in ih~ir 0wn proper ~er~on§.
ARTICLE XVl - Execution of Contracts: Section 5. Surely Bonds and Undertakings.
Any officer or other official of the company authorized for that purpose in writing by the chairman or the president, and subject fo 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 surely any and all undertakings, 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 lheir 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
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 XVl, Section 5 of the By-laws, Timothy C. Mulloyl an official of Liberty Mutual Fire Insurance Company, is hereby authorized t
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 all undedakings, bonds, recognizances and other surely 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 11th day of ~A~r~'h , ~ ,
LIBERTY MUTUAL FIRE INSURANCE COMPANY
Timof~ CUulley.~ssista~t Secretary ~
COMMONWEALTH OF PENNSYLVANIA ss
COUNTY OF MONTGOMERY
Onthis 11th dayof March ,2002, 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 Company thereto with the authority and at the direction of said corpora ion.
iN TESTIMONY unto subssdbed my n~m~ andlaffi~ed my notadallse~l at Ply~0~th M~lin~, P~nnsylvania, on the day and year first
above written.
CERTIFICATE ~ .
I~ , that {h~ original P0~er 0i attorney of which the foregging is
a full, true and correct copl and I who executed the said power
of attorney was one of the offi(~ers or °fficia[s specially authorized by the chairman or the president to appoint attOrneys-in-fact as provided in Article XVI,
Seclion 5 of the Byqaws of Liberty Mutual Insurance Company.
This ceriiflcate 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. assistan! 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 fome
and effect as though manually affixed ...
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said company this 3R~ day of SEPTEMBER
2002 .
,~ ~. X. Hee, Assistant Secretary
Bond Seduces,.
Important Notice
TO OBTAIN INIZORMAVION ABOUT.THIS BONO, TO MAKE A COMPLAINT OR
TO FILE A NOTICE OF
You may contact the Texas Department of Insurance to obtain information on
companies, coverages, righ[s, complaints, or sure~'/company address at:
800-252-3439
You may write the TexasOepartment of Insurance at:
P. O. Box 149104
Austin, TX, 78714.-9104
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 St. Paul Fire & Marine Ins Co
INSURED COMPANY
S.J. Louis Construction of B Interstate Fire & Casualty Co
Texas Ltd, LLP COMPANY
520 South Sixth Avenue c Lumbermens Mutuel Casualty Co
Mansfield TX 76063 COMPANY
I O
LTR DATE (MM/OD/YY) DATE (MM/DD/YYI
A GENERAL LIABILITY KK06300794 11/01/01 11/01/02' GENERAL AGGREGATE $ 2000000
X COMMERCIAL GENERAL LIABILITY PRODUCTS- COMPIOP AGG $ 2000000
I IXl PERSONAL & ADV INJURY $ 1000000
A A~OMOBILE LIABILFrY KA06300054 11/01/01 11/01/02 COMBINED SINGLE LIMIT $
X ANY AUTO 1000000
ANY AUTO OTHER THAN AUTO ONLY:
B EXCESS LIASIUTY UM01203752 11/Ol/01 11/01/02 EACH OCCURRENCE $ 8000000
A WORKERS COMPENSATION AND WVK6300917 11101/01 11/01/02 X [TORY LIMITS I
EMPLOYERS' UABILITY EL EACH ACC[DENT $ 500000
THE PROPRIETOR/ I~ INCL EL DISEASE- POLICY LIMIT $ 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
PROJECT: LOOP 258 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
901 B TEXAS STREET 3c) DAYS WRITTEN E T ERT~FICATE HOLDER NAMED TO THE LEFT,
DENTON TX 76201
ACORD 2E~S:(I/9S) : : ,'i.. iii,: 2~30: : . , ~ ACORDCORPORATION: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.