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Home My WebLink AboutContract 40718COMPLETION AGREEMENT This Completion Agreement (tl Jay of COMPANY (th "Surety") and THE "Obligee"). e "Agreement") is made and entered into this 2010 by and between CONTINENTAL CASUALTY CITY OF FORT WORTH, TEXAS (the "Owner" or RECITALS WHEREAS, TEXAS UNITED EXCAVATORS, L.L.C. ("Former Contractor") and the Owner entered into contracts to furnish all labor and materials and perform all work for the project known as Paving, Drainage, Water and Sewer Replacement, 2004 CIP Contract #44, DOE No. 5407 further identified as City Secretary Contract No. 38210 (the "Original Contract") in accordance with the terms and provisions of the Original Contract, including all contract documents forming a part of the Original Contract; WHEREAS, as required by law and under the terms of the Original Contract, the Former Contractor as principal and the Surety made, executed and delivered to the Owner Performance Bond No. 929448647 (the "Bond"); WHEREAS, by letter dated April 26, 2010, Obligee formally declared Principal in default of the Original Contract and the Obligee has called upon the Surety to fulfill its obligations as Surety under the terms of the Performance Bond; and WHEREAS, the Former Contractor disputes the propriety of the termination, and the Surety reserves its rights to assert the Former Contractor's claims, to the extent permitted by law, and to dispute the propriety of the termination and/or the performance bond demand, and the Obligee reserves its rights and defenses with respects to the Surety's claims, the propriety of the termination, and/or the propriety of the bond demand; and WHEREAS, Surety agrees, subject to the penal sum of the Bond, to make financial arranm geents for the completion of the Original Contract in accordance with its original terms and conditions and Surety has arranged for the completion of the Original Contract in accordance with those conditions and requirements set forth herein and agreed upon by the parties hereto; NOW, THEREFORE, in consideration of the agreements and undertakings hereinafter set forth, and for other good and valuable consideration, the receipt and adequacy therefore being hereby acknowledged, the Owner and the Surety agree as follows: AGREEMENT 1. Performance of the Work and Close-out. The Surety hereby undertakes to make financial arrangements for the performance of the work as set forth in Exhibit "A", attached hereto and incorporated herein, that has been prepared by the Surety and agreed to by the Owner pursuant to the Original Contract and Takeover Agreement Principal: TUE Page 1 of 8 all associated change orders, if any, and in so doing agrees to be bound by the Original Contract. The Owner acknowledges that the Surety, by its execution of this Agreement, is acting in its capacity as the surety for the Former Contractor in making arrangements for the performance and completion of the Original Contract, and not as a completing contractor, and that the Surety is not assuming any obligations or liabilities beyond those set forth in the Bonds. As to the performance and completion of the Original Contract, except as otherwise provided in this Agreement, the Surety is entitled to all of the rights, obligations, title and interest of the Former Contractor in and to the Original Contract in all respects as if the Surety were the original party to the Original Contract, 2. Completion Contractor. The Obligee acknowledges that the Surety will enter into a Completion Contract with a Completion Contractor for the performance of the work under the Original Contract. Obligee agrees that it will work directly with Completion Contractor as if Completion Contractor was the original contractor. Surety shall include within its contract with Completion Contractor provisions in the agreement requiring complete and faithful performance and completion of the above referenced Project, a provision obligating Completion Contractor to hold harmless and indemnify Obligee, which shall substantially and materially conform to the obligations of Original Contractor pursuant to the Contract Specifications, and shall provide performance and payment bonds for the benefit of the Obligee and Surety as joint obligees which guaranty Completion Contractor's payment and performance obligations undertaken in its Completion Construction Contract, and in addition shall cause Obligee to be named as an additional insured on all public liability insurance policies presently in force or subsequently obtained covering personal injuries and/or property damages arising out of the performance and completion of the work on the above referenced Project, and shall furnish Obligee with evidence thereof. 3. Contract Balances. The Obligee and the Surety agree that as of the date of this Agreement: (a) The authorized amount of the Original Contract, including all approved change orders, is the sum of $2,522,738.95; (b) The Principal and/or the Surety have been paid the sum of $1,777,270.89; (c) The Obligee is holding the sum of $93,540.57 as retainage pursuant to the terms of the Original Contract; (d) The Obligee was required to pay for traffic control barricades for May 2010 through August 2010 for an estimated amount of $14,545.90 and water supply service repairs in the amount of $457.77 while this Agreement and selection of the Completion Contractor was finalized. Takeover Agreement Principal: TUE Page 2 of 8 (d) The "Contract Balance" shall be hereinafter defined as the sum of $730,464.39. The Contract Balance shall be increased or decreased, as appropriate, as a result of invoicing for traffic control barricades and water supply service repairs through August 2010 as well as certain pending change orders to the Original Contracts submitted by the Principal and/or the Obligee, and as a result of any change orders for extra work (work that is different from, in excess of, or beyond the scope of the work required by the Original Contract) requested or required by the Obligee after the date of the execution of this Agreement. The Obligee agrees that adequate funding will be available for the Contract Price plus the negotiated amount of any pending and any future modifications; and (e) As of the date of the execution of this Agreement, the Obligee represents and warrants that, according to the records available to it, the Contract Balance as defined herein is accurate. The Surety reserves the right to verify the accuracy of the Contract Balance. The Surety's sole remedy against the Obligee for breach of this representation and warranty is reformation of the Contract Balance to the proper amount. The Owner acknowledges that the Contract Balance is available to complete the Project and is not subject to back charges, set -offs, liquidated damages or other withholdings as of the date of this Agreement. The Owner agrees that the Contract Balance is dedicated to and will be applied to the completion of the Original Contract. The Owner shall pay to the Surety the Contract Balance, plus or minus any additional amounts of money on account of any Change Orders requested and authorized by the Owner, as the work progresses. The payment of the Contract Balance, and approved Change Orders, shall be made to the Surety in accordance with the terms of the Original Contract. The Surety agrees to spend its own funds as may be necessary from time to time to pay for the performance of the work contemplated by this agreement in the event that the Contract Balance is insufficient, with any such payments being credited against the penal sum of the Performance Bond. In no event shall the Owner withhold any of the Contract Balance from the Surety by asserting a future offset or setoff or because of or on account of any claims, liens, suits or demands by any persons or entities furnishing or alleging to have furnished labor and/or materials to the project Owner will not offset against or otherwise withhold payment of any amount of the Contract Balance as a result of, or charge to Surety, any alleged liquidated and/or actual delay damages caused by any action or inaction of the Former Contractor, completion contractor or Surety prior to the Completion Deadline set forth below. Owner further agrees that, except as provided by order of a court of competent jurisdiction or to the extent otherwise provided by law, it will not acknowledge or honor any claim or charges against the Contract Balances by any alleged assignee, successor, creditor, trustee, receiver, or transferee of Contractor or by any other party or governmental entity making claim to the Contract Balance or any portion thereof without the written consent of Surety. Takeover Agreement Principal: TUE Page 3 of 8 OFFICIAL RECCR� CITY SECRETARY �T. WORTH, TX Payments from the Owner shall be made payable to Continental Casualty Company and transmitted to the Surety at the following address, unless and until the Surety notifies the Owner in writing of a change of address: 333 S. Wabash Avenue 41 st Floor Chicago, IL 60604 Attn: J. Trey Felty 4. Insurance. The Surety may satisfy the required insurance obligations under the Original Contract by providing evidence of the required insurance coverage carried by the Completion Contractor, with the Owner and the Surety being named as insureds under the policy or policies. 9. The Surety's Bonds Liability. The Bonds shall remain in full force and effect in accordance with their terms and provisions. Nothing in this agreement shall be deemed to enlarge or reduce the Surety's obligation under the Bonds or the Statutes under which they are written. The total liability of the Surety under this Agreement and Bonds for the performance of the work, after the expenditure of the Contract Balance, is limited to and shall not exceed the penal sum of the Bonds. Surety agrees that it will be responsible for the payment of any perfected, legitimate payment bond claims made by persons and or entities that provide labor and or materials under the Original Contract, for improvement of the real property upon which the project is located, provided that its liability for such payment will extend only to the penal sum of the payment bond. Any and all payments made by the Surety for performance and/or payment shall be credited dollar for dollar against the penal sum of the respective bond. Nothing in this Agreement constitutes a waiver of such penal sum or an increase in the liability of the Surety under the bonds. In the event Surety should expend funds equal to the Penal Sum in discharge of its performance bond obligation, Owner agrees that Surety shall have no further liability or obligation, if any, under the Performance Bonds, this Agreement, the Original Contract or otherwise to complete the work, if any. Nothing contained herein shall limit Surety's obligations under the Maintenance Bonds for the project. 10. Reservation of Surety's Rights. Surety expressly reserves all prior rights, equitable liens and rights to subrogation that would be the laborers', materialmen's, or the Former Contractor's under the Original Contract (except as specifically modified by this Agreement) celln righ s dating back to the execution of the Bonds, including but not limited to those'righ4s IL Cl: SECRE` ARY Takeover Agreement �o WORTH: X� Principal: TUE --_ Page 4 of 8 and remedies that may accrue during the completion of the Original Contract. No waiver of such rights is agreed to or intended regardless of any provisions of this Agreement. 11. Time for Completion, Cooperation and Best Efforts. Owner and Surety agree that the Completion Deadline and the time to complete the work for each Project will be 40 working days from a written notice to proceed to be issued by Owner to the completion contractor. Any request for extension of time will be governed by the terms of the Original Contract. The Owner and the Surety agree to use their best efforts to cooperate under the terms of this Agreement for the prompt completion of the performance of the work. Owner further agrees that, in the event it believes that an event of default has occurred under the terms of the Original Contract as a result of completion contractor's actions or inactions on the Project, Owner will provide written notice of such suspected default to Surety five (5) days in advance of issuing any cure or default notice accordance with the terms of the Original Contract so that Surety can investigate. Owner will also furnish a copy of said written notice to the project manager and to completion contractor. 12. No Third Party Rights. This Agreement is solely for the benefit of the Owner and the Surety. The Owner and the Surety do not intend by any provision of this Agreement to create any third -party beneficiaries of this Agreement, nor to confer any benefit upon or enforceable rights under this Agreement or otherwise upon anyone other than the Owner and the Surety. Specifically, the Owner and the Surety acknowledge that nothing in this Agreement shall extend or increase the rights of any third -party claimants or the liabilities or obligations of the Surety under the Bonds. 13. Whole Agreement. This Agreement, along with the Bonds, Original Contract and any duly authorized change orders, constitute the whole %J the understanding, discussions, and agreements by and between the Owner and the Surety. The terms and provisions of this Agreement are contractual and not mere recitals. The Owner and the Surety acknowledge that there have been no oral, written or other agreements of any kind as a condition precedent to or to induce the execution and delivery of this Agreement. Any written or oral discussions conducted prior to the effective date of this Agreement shall not in any way vary or alter the terms of this Agreement. 14. Changes. This Agreement shall not be changed, amended or altered in any way except in writing and executed by both the Owner and the Surety. Takeover Agreement Principal: TLTE Page 5 of 8 15 16. 17 19. 20. Execution. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original but all of which together shall constitute one and the same instrument. Facsimile copies will have the same force and effect as originals. Recitals. The Recitals contained in this Agreement are incorporated herein by reference and made a part hereof. Governing Law and Jurisdiction. This Agreement shall be governed by and controlled by the laws of the State of Texas and the parties to this Agreement, in the event of any dispute involving this Agreement, agree that venue shall lie exclusively in Tarrant County, Texas. Notices. Any notices, which are required to be given by the terms of this Agreement or the Bonds, shall be made as follows: As to the Owner: Department of Transportation &Public Worlcs Attn: William A. Verkest, P.E., Director 1000 Throckmorton Street Fort Worth, Texas 76102 As to the Surety: Effective Date. City Attorneys Office Attn: Amy J. Ramsey, Assistant City Attorney 1000 Throckmorton Street Fort Worth, Texas 76102 J. Trey Felty Continental Casualty Company 333 S. Wabash Avenue Chicago, IL 60604 This Agreement is effective as of the date first written above. Successors and Assigns. This Agreement shall be binding upon the parties and their respective assigns. Takeover Agreement Principal: TUE Page 6 of 8 ®FFICIAL RECOR® CITY SECRETARY ,T. WORTH, TX 21. Invalidity, Illegality or Unenforceability. In the event that one or more provisions of this Agreement shall be declared to be invalid, illegal or unenforceable in any respect, unless such invalidity, illegality or unenforceability shall be tantamount to a failure of consideration, the validity, legality and enforceability of the remaining provisions contained in this Agreement shall not in any way be affected or impaired thereby. 22. Construction of Agreement. The Parties agree that each Party and each Party's counsel have reviewed and approved this Agreement, and that each Party has fully understood and voluntarily accepted each and every provision contained in this Agreement. As such, it is understood and agreed by the Owner and the Surety that this Agreement shall be construed without regard to any presumption or other rule requiring construction against the party causing this Agreement to be drafted. (Remainder of Page Intentionally Left Blank) ��It�iA�. RECCR® CITY SECREiAR Takeover Agreement Principal: TLTE Page 7 of 8 IN WITNESS WHEREOF, the parties have executed this Agreement on the date indicated above, and each of the undersigned personally represent and warrant that they have the full right, power and authority to execute this Agreement on behalf of the respective parties. CITY OF FORT WORTH �� L� Fernando Costa Assistant City Manager Recommended: CONTINENTAL CASUALTY COMPANY :I. Trey'Felty/ Senior Clairti William A. Verlcest, P.E., Director Transportation &Public Works Department Approved as to Form and Legality: �� Amy J. Ramsey Assistant City Attorney ATTEST: Marty Hends'i: City Secretary Date: � \1� Z"'�� s Counsel pq'��o �� ,a � oo °o �,a4 F�y� p o oa'�, �d a� ��,, �� oo°o ooQyo �F �G4�00400� T !J' ��C,p�S �c,.o, ��.e., No M&C Required — Authorized by contract executed per M&C Takeover Agreement Principal: TUE Page 8 of 8 'i �- ti !� EXHIBIT "A" DID PROPOSAL 2004 CIP CONTRACT 44 — PAVEMENT RECONSTRUCTION, DRAINAGE NWROVEMENTS AND WATER AND SANITARY SEWER REPLACEMENT ON WESTCREEK DRIVE Fort Worth, Texas June 16, 2010 (REVISED) CONTINENTAL CASUALTY COMPANY c/o Mr. G. Keith Roberts Roberts, Taylor & Sensabaugh, Inc. 4001 Gateway Drive, Suite 100 Colleyville, Texas 76034 Gentlemen: The following proposal is being made an behalf of for the completion of the scope of work defined in the Standard Form of Agreement between the City of Fort Worth, Texas and Texas United Excavators, LLC for the project known as 2004 CIP Contract 44 - Pavetnent Reconstruction, Drainage Improvements and Water and Sanitary Sewer Replacement on WestcreekDrive . The Contract Documents are composed of the following: The "CONTRACT" between the City of Fort Worth, Texas and Texas United Excavators, LLC made and entered into on or about December 16, 2008. The Specifications identified as Specifications and Contract Documents for Paving, Dt ainage, Water and Sewer Replacement 2004 CIP Contract #44 Westct eekDrive prepared by ANA Consultants, 1701 River Run, Suite 610, Fort Worth, Texas 76107. The Contract Drawings, prepared by ANA Consultants, 1701 River Rum, Suite 610, Fort Worth, Texas 76107. INVITATION &INSTRUCTIONS TO BIDDERS prepared by Roberts, Taylor, and Sensabaugh, Inc., dated June 10, 2010. BID PROPOSAL FORM prepared by Roberts, Taylor &Sensabaugh, Inc., dated June 16, 2010 {Revised}. The undersigned certifies that (he, she) is authorized to act on behalf of -tha- (Partnership, Proprietorship, Corporation) to execute and submit this Bid Proposal. Th�it�1��d�T� ��i� Y, r certifies that this proposal is made without collusion on the part of any perso; fi%o N t'! �''!;Ci .qf d EXHT I "A" BID PROPOSAL June 15, 2010 (Revised). Page 2 of 18 We certify that we have carefully examined the INVITATION &INSTRUCTIONS TO BIDDERS prepared by Roberts, Taylor & Sensabaugh, Inc., including all Schedules and Exhibits, the drawings, specifications, and the CONTRACT complete as identified above. We further certify we have carefully examined the in -place work, the site conditions and local conditions affecting the work of the Contract Documents. On the basis of our examination of the project site and all the Contract Documents cited above, we propose to famish all work necessary including, but not limited to, supervision, labor, materials, tools, equipment, fees, permits, assessments, applicable taxes, insurance, overhead, profit, bonds, warranties, as -built drawings and incidentals necessary to complete the work in strict accordance with the plans and specifications for the lump sum price shown below. BASE BID: The undersigned bidder having thoroughly examined the contract documents, including plans, specifications, the site of the project and understanding the amount of work to be done and the prevailing conditions, hereby proposes to do all the work, furnish all labor, equipment, and material, except as specified to be furnished by the City, which is necessary to fully complete all of the work as provided in the plans and contract documents and subject to the inspection and approval of the City of Fart Worth, Texas, and binds himself upon acceptance of this Proposal to execute a contract and furnish an approved Performance Bond, Payment Bond and such other bonds, if any, as may be required by the contract documents for the performing and completing of said work. Contractor proposes to do the work within the time stated and for the following sums: ITEM NO. QUANTITY AND UNIT DESCRIPTION & PRICE IN WORDS PRICE FIGURES UNTT/TOTAI, ] . UNIT II — Paving;.J::Dollars &Drainage 1 L.S, �1Y)d ity Adjustmen�lt 1 Repair $9,268 $9,268 N D Cents per lump sum. 2. 4 EA Sign -Project Designation Install 71)pry e U, fj-& Dollars NJO Cents each. 3. 553 L.F. Curb & Gutter... Remove se& IlJ Dollars $ bo $ 9 7/0 OD nl D Cents per linear foot. 4. 84 S.Y. Pavement -Valley Gutter Remove _ Dollarsi, o _ 11�Ii�iL RE ' 44) i 00 $ D b$ per swareard. P 9 Y ETARY ITT. WOR��s 3„ '! �� L' XMIT "All 1t BID PROPOSAL June 15, 2010 (Revised). Page 3 of 18 wtl 5. 1 S.F. Driveway • Remove Si )( Dollars $ ob $ n o 0. N n Cents per square foot. 6. I S.F. Walk � Remove U r Dollars d D D D $ _ $ ND Cents per square foot. 7. I S.F. Walk-ADA Wheelchair Ramp Remove (F) Dollars � D $ $ $ O p M Cents per square foot. 8. 1 S.Y. Pavement.Concrete � Remove �We17 j-•� Dollars $ a D. ° b $ a�. a Cents per square yard. 9. 1 EA Inlet Remove, Remove Existing Curb inlets, All Sizes TQ�I Dollars $ 10006 $ f a01) �) D Cents per square yard. l 0. 76 L.F. Pipe n Remove; Remove Existing Storm All Sizes -rr%)Pni 4 Drain Pipe, Dollars 07) S i t �aD•�a NO Cents per linear foot. I1. 1 L.S. Headwall • Remove, Remove Existing Storm Drian Headwall, All Sizes r� P. �tlmc ri n Dollars S-31 ODD bD $ 3 060, 0 a 1 j D Cents per lump sum. 12. 300 C.Y. Pavement -Unclassified Street Excavation S ) j ep 1d � Remove Dollars $ bb S OD •x n Cents ors) per cubic yard. 13. 4194.71 S.Y. Spbgrade-6" Lime Stabilized Install; 6" @ 35#SY Dollars �'ob $ 7 g 7�� Cents per square yard. Na 82.94 TO Subgrade-Lime for Stabilization _.. Install; 0 Tj JLyP3 Aed Si X� •( (35#SY) Dollars Cents per ton. 15. 3242.09 L.F. Curb-7" Install; 7" Attached Concrete Curb T_ {e Dollars %a �7 N n Cents per linear foot.It, cL6T� WORTH, TX EXHIBIT "A" BID PROPOSAL June 15, 2010 (Revised). Page 4 of 18 M. 17878 L.F• Pavement -Silicone Joint Sealant � Install T 7p Dollars D o Am Cents per linear foot.357.5�, 17. 150 L.F. Curb & Gutter-7" w/18" Gutter � Install; 7" Reinforced Concrete Curb and 18" Gutter eh'f' F JDollars $ aj� a� $ 3 '75Z) N 7 Cents per linear foot. 18. 1492.5 S.F. Driveway-6" � Install; Construct 6" Reinforced Concrete Driveways S e o-e n Dollars $ b o 7' $1 b of .5° NO Cents per square foot. 19. 267 S.F. Wa1k-4 Ft � Install; Construct Reinforced Walks Fou r Concrete Dollars N 0 Cents per square foot. 20. 133 S.F. Walk-ADA Wheelchair Ramp � Install; Construct Reinforced Concrete Wheel Chair Ramps 7F ) e )0 Op, Dollars $ 1 a � � $ 1 x 5W O NO Cents per square foot. 21. 64 TO P vement-Transition- Min 6 Inch I MAC 11 g f:O�:J { i �) Q - Install Dollars $ q OD l $ bD 1\1 D Cents per ton. 22. 6 EA Manhole -Adjustment - Services; Adjust existing sewer Manholes to Grade lEl Dollars $ . Ob$ LA go p a Cents each. 23• 7 EA Valve Box -Adjustment- Services; Adjust Water Valve Boxes to Grade +(QeLmLdL6� Existing Dollars�ne $e3g s a /A j O Cents each. 24. 11 EA Meter Box_Adjustment � Services; Adjust Water Meters to Grad r 1w0 N u t d A9 CL Existing Dollars $ b�$ %5D �r7 Cents each. 25. 497 C.Y. Too soil � Install; as Directed by Engineer Dollars $ $ y CTnts per cubic yard. EXHIBIT "A" BID PROPOSAL June 15, 2010 (Revised). Page 5 of 18 Pipe -Sub Drain-b Inch Subdrain w/Grave l and Filter Fabric � Install 1" D r+i � j Dollars 0&) a Cents IM 00 Ua per linear foot. 9 ? $ 27. 1 EA Inlet -Top of 10 Ft Drainage Inlet � Replace; Adjust To Existing 10' Curb Inlet to New Grade 1 tor) 7nDU& Vr4, Dollars j,I lo) Cents each. $ ba $ D 28, 1 L.F. ALust Existing Storm Drain Pipe to New Inlet .� Dollars �its) �— Cents J/ Pei, linear foot. $ D•aD $ azvoa ) LFTa 29. 1 L.S. Storm Water Pollution Prevention Plan > Than l Ac SWPPP -- Install W 0 :nDu Sa r C Dollars oa $ 000•°a tJ l7 Cents per lump sum. 30. 1.5 EA Inlet-Inline 10 Ft - Install; Construct Sid. ] 0' Curb Inlet 711irR e oLigo V1 C, Dollars rr�� $J Q�� $ A) p Cents each. 31. 1 EA 11*1 Inline-20Ft ...Install; Construct Std 20' Curb Inlet , '7b►'IL*j t' r V%Q Uhl (CP� Dollars ,/ $ ' $ q'6 Oa 7 N 0.__ Cents each. 32. I.1 EA Inlet-Recessed4OR Install; Construct Std, 10' Recessed Curb Inlet l f �/ f" 1y� HClt�Sj n0c� Dollars .OD $oD KIn Cents each. 33. 4 EA Inlet-Recessed-20 Ft � Install; Construct Std, 20' F,=ssed Curb Inletr( Ft7 r ��,5) X �I U pj f�q d Dollars N� Ir D $ �j lOw'�D $ of yQ�` D OND .1 Cents each. ' 34, 1 EA Inlet -Recessed- >Than 20 Ft � Install; Constrvct 30' Recessed —Cz}�' b Inlet tr11Q. ,►1D1Asarid Dollars $ 5,CjD 0"$ XV,0v Cents Itsin each. 35. l EA Inlet -Recessed- >Than 20 Ft � Install; Construct 2- Double 20' Recessed Curb Inlet fliT}a I- I )IOU pald. r $ g °d $ 6 d� Nty en, each.'OLR�� WORM Ti EAjJLLBIT "A"' BID PROPOSAL June 15, 2010 (Revised). Page 6 of 18 Pipe-I8 Inch -Class III (Non -Standard) � Replace; Complete in Place S j6 >(7'v Dollars J E) Cents per linear fool. 37. 1 L.F. Pipe-2l Inch -Class III � Izzstall; Complete in Place 6 J%%o r}� Dollars W D Cents per linear foot. 38. I L.F. P241nc1z-Class III � Install; Complete in Place rf4hl Dollars Cents per linear foot. 39. CuT I L.F. Pipe-241nch-Class III � Itzstall (Equalizer per Detail, Slit.64) Complete in Place Dollars DD Cents per linear foot. 40. 1 L.F. Pipe-30 Inch -Class III Install,• Complete in Place DO&Q Dollars $ 00• 00 $ 100,0V ` M 0 Cents per linear foot. 41. 1 L.F. Pipe-361nch-Class III Install; Complete in Place Dollars $ 1 t 0 • Iw $ 110.0 a IN Q Cents per linear foot. 42. 1 L.F. Pipe-54Inc r-Class Ill �Izstall,• Complete in Place `�M)D u ��il�> Dollars $ C\)wt $ c4a ()(p Cents per linear foot. 43. I L.F. Box Culvert-5 Ft X 5 Ft � Install,• Complete in Place p L�J�9L Dollars $ �'�1�D• �a$ ,�� •� v Cents per linear foot. 44. 12 L.F, Box Culvert-12 Ft x 4 Ft ti Install; 2 Barrel Complete in,Place 1C Dollars G� Cents per linear foot. 45. 1.62 C.Y. Headwall-24 Inch Pipe � Insall; 24" Concrete He?dwall, Complete in Place 411 :1 !Ad ,,� Dollars %o •6D $ 1, IS54 (i Cents per cubic yard. 46. 1 C.Y. Headwall-30Inch Pipe � Install; 30" Concrete Headwall, Coin I to irr Place —. $ %DO' D�$ G`, per czrbic yard CI e WARTli, TR I EXHIBIT "A" BID PROPOSAL June 15, 2010 (Revised). Page 7 of 18 47. I C.Y. Headwall-36Inch Pipe � Instal 36" Concrete Headwall, Coin ete in Place S?. Xo n t t Ud nO C Dollars $ $ 700,0 D 0 Cents �A per cubic yard. 48. 40.42 C.Y. Headwall � Install (TxDOT Type PW) Concrete Headwall Complete in Place CGS E Put dhork )�71 + 4 Dollars a� NO I —Cents per cubic yard. 49. 1 LeF. Trench Safety System 5 Foot Depth � Install; Trench Safety System for Storm Drain Pipe Over 5' Deep Fi �q 'ee"..l Dollars b? D Cents per Iinear foot. $ /5 011 $ j5 b 0 50. ICY Unclassified Trench FYcavation & Backfill Install r1 Wen4.l Dollars $ oZO po $ a�D0 00 N 0 Cents per cubic yard 51. 227.5 C.Y. Channel -Unclassified Excavation Remove FIo;4 -ee j Dollars $ 1 �J 0 b $ /'156 N'D Cents per cubic yard. 52. 273.68 C.Y. RipRap-18 Inch Rock (Grouted) Install; Grouted Rock Rip Rap 24" Deep, Type A Dollars $ 1D 00 Cents per cubic yard. 53. 203 C.Y. Erosion Control-Gabion Basket Install; (Mattress) a f� 4L4e.0Sjd'(eC Dollars $ 0D $ (od19D0 as 10 0 Cents per cubic yard. 54. 36 L.F. Pavement-2 Inch Min HMAC on 2I27 Concrete Base (2000AA) � Install; Permanent Asphalt Pavement Repair -i- ; Imo; Dollars $ '50.00 $ j Zoo* 0 D ND Cents per linear foot. 55, 1 L.S. Traffic Control Install; 1 t)2 1 r1QUSg►1 cL Dollars $ MD oo$ 5 WDS0� �} j) Cents per lump sum. 56. 36 L.F. Pavement-2 Inch HMAC on 6 Inch Flex Base - Temporary - Install; Temp. Asphalt Pavement Repair, Minimum 2" Hot Mix on Min. 6" Compacted Flexible Base, per Fig. 2000-1 C 1 (4L ,Dollars 0 $ c3D60 $ 11 0 6y� OFFICIAL kEGORP Cents per linear foot. n WORTH, TX EXIIff3IT nArr BID PROPOSAL June ] 5, 2010 (Revised). Page 8 Of 18 57. 2265 S.Y. Grass-Hydromulch Seeding � Install; {Charmel Work) � f�J �. Dollars 5� � $ 1. $ �� -�1 �-,,t .l cents per squareyard. -_Y_ 58. 11 EA Sign -Address on Curb � Install f � C- •{-�L(,�1� r`P � Dollars $ p.00 $ 3 �, o D Iy D Cents each. S9. IS G.Y. Retaining Wa11 (Concrete} � Install '7 � f e •� %� f�/ n1d Y�C� �� i �.i Dollars $ �� ppa $ 5� 0 1�1-� Cents per cubic yard. 60. UNIT II - Green Cement 4901.09 S.Y. Pavement � InstaU; 7.5" Reinforced Concrete Pavement � Green Concrete �n�•�. � Dollars $ Q �� $ ��1� d�� C7 Cents per square yard. PAVEMENT &DRAINAGE SUBTOTAL AMOUNT BID $ $ �?1 y�gl Water Improvement ITEM QUANTITY DESCRIPTION & PRICE IN WORDS PRICE FIGURES NO. AND UNIT UNIT/TOTAL 1. 1 L.F. Pipe-Pressure-I2 Inch � Install (Includes Removal or �Ibandozzing of Existing Water Pipe) }- i � � �-� Dollars .1�1 D Cents $ rjp. � O $ rjQ, 0 O per linear foot. 2. 1 L.F. Pipe-Presszn•e-I D Inch �--Install IO"PVC Water Line (Includes Removal ortl bandonirzg ofFxisting Water Pipe) _ _ �(Z�,E. �! %' 1y�, , Dollars /� p—� Cents $ ��0�$ �5 �� per linear foot. 3. ?4.32 L.F. Pipe-Pressure-Blnch �- hzstal7 8"PVC GYater Line (Includes Removal orrlbondonizzg offixistizzg Water P' e (�-� Dollars ____ �J � Cents L/ $ T�• � � $ �7�, 8D per Ilnear foot. 9. 3.85 L.F, Pipe-Presszo•e-6lzch � Install 6" PYC Water Line (lry rant lines); 1 %rr��/C�,��•�._ Dollars Q' /�/ $ �U' O� $ � / (�7, �D i� j�T �..J Cents per linearfoot. i , _�, '�: EXHIBIT "A" BID PROPOSAL June 15, 2010 (Revised). Page 9 of 18 5. 20 L.F Pipe-Pressure-8 Inch � Install 8" (DIP) Water Line (Includes Removal or Abandoning of Existing Water Pipe) 6) Xi J Dollars $ oo $ l aoD. o0 0�) (2 Cents per linear foot. 6. I EA Valve-6 Inch -,Gate Valve w/Box Install; 6-Inch Gate Valve w' h Cast Iron Box & Lid E I 1hj: 4YAc)reAr Dollars v $ Cents each. 7. I EA Valve-8 Inch -Gate Valve w/Box � Install; 8 Inch Gate Valve with Cast Iron Box & Lid; D AIp 7ho w : o n Dollars Cents each. $ 0 o. $ tano. 8. 1 EA Valve401nch-Gate-Valve w/BoxInstall; 104nch Gate Valve with Cast Iron Box & Lid �1 �+. e P1W3 14 L( jk ✓ a Dollars $ a.�� od. �� D 461 _Cents each. 9. 1 EA Valve-121nch-Gate Valve w/Box � Install; 124nch Gate Valve with ast Iron Box & Lid SiX' CP&I ff4ldCPt1: _ Dollars l o Cents each. 10. 1 EA Valve-6lnch-Blow Off—w/Sump Manhole Install �' A 7P Ea d lm IMF Dollars $ J�6D.d0 f�a NJ() Cents each. II. I EA Fire Hydrant Install; Standard Fire Hydrant; 3 '6" Bu Dollars $a 50c),00$ 0 A) Cents each. 12. L5 VF Fire Hydrant -Barrel & Stem Extension Install; Barrel Exte Sion for Fire Hydrant over 3'6" Bury DU 1 h1d 1^ Dollars b1 Cents per vertical foot. 13. 1 EA Fire Hydrant � Remove; Remove & Salvage Existing Fire Hydran 7" J_ ��`y(�Qd Dollars CC $'$ n Cents each. 14. I TO Pipe Fittings -<Than 16Inch DI Pipe � Install; Cast Iron Fittings; 12" orsmaller s---- $ ( $ 00 ` EU Per ton. bm FT. WORTH, TX EXHIBIT "A" BID PROPOSAL June 15, 2010 (Revised). Page 10 of 18 I S. 1 Est Water Service4 Inch -Tap to Main - J nstall; 14nch Water Service Tap to Main JP _ j3) YY-}--� Dollars $ Cents each. 16. 1 L.F. Water Service4 Inch Install,• Install 14nch Copper Service from tVarn to Meter F NQ� Dollars $ 4K U $ 4 �a }� l C7 Cents per linearfoot. 17. 5 EA Meter Box -Class A Install; Class "A" Plastic Meter Box Complete in Place I r 1 f'J-4 uN Dollars Cents each. $ 18. 3 EA Wter Service-1 Inch Relocate f'tiu r w�'O et�1 Dollars $ OD.01) $ 1 Up . o o "n Cents each. 19. 1 L.S. Water Service-2 Inch -Temporary Install; Furnish and Lay 2 Inch Pipe and Fittings for• Temporary Water Service Connection 14 re Dollars $ �J D Cents per luinp sum. 20. 578 L.F. Pavement-2 Inch Min HMAC on 2/27 Concrete Base (2000-I A) � Install; Permanent Asphalt Pavement R pair, per Fig. 2000-1A t/t Dollars $ L7)10D L7)8 0 a ►`1 (7 Cents per linear foot. 21. 378 L.F. Pavement-2 Inch HMAC on 6 Inch Flex Base - Temporary � Install; Temporary Asphalt Pavement Repair, minimum 2" Hot Mix on minimum 6" Compacted Flexible Base Te Dollars 1� Cents per linear foot. 22, 1 L.F. Trench Safety System S Foot Depth � Install Dollars $ LD. 50 Cents per linear foot. 23. 40 L.F Concrete -Encasement Install; per Fig. 20 !-1 VP— Dollars D6 $ $ o�(X9• o I� Cents per linear foot. OFFICIAL RECORD CITY SECRETARY FT WORTH! TX EXHIBIT "A" 31D PROPOSAL June 15, 2010 (Revised). Page 11 of 18 24. 400 C.Y. .Fill Material -Type B Backfill � Install; Type `B" Backfill :(,)(7 Dollars $ �OD T,(D Cents per cubic yard. 25. 10 C.Y Concrete -Type B � Install (2500#PSI) Concrete for Muse ]laneous Placement ! 11 I �f� Dollars js)D Cents $ �� Ott $ 0 b per cubic yard. 26. 10 C.Y. Concrete -Type E --Install (1500#PSI) Concrete for �Miisgellaneous Placement ! ► }'1 (�: �l Dollars $ $SO 2oe D �C7 Cents per cubic yard. 27. 10 C.Y. Fill Material -Ballast Stone Install -Q V e. Dollars $ r,. bD $ 50 v �j 7 Cents per cubic yard. 28. 1 L.F. Curb & Gutter � Remove R 4 -i r_e tiJ Dollars tN1 0 Cents per linear foot. 29. 40 S.F. Walk � Remove; Remove Existing Concrete Walk �ThE'�� Dollars 1\ 1 O Cents per square foot. 30. 1 L.S. Storm Water Pollution Prevention Plan > Than J A SWPPP � Jnstall �A 1 t Qt\k tr§d Dollars o Cents -M per lump sum. 31. 4 L.F. Curb & Gutter-7 Inch pw/18 Inch Gutter � Install 1�Dollars AD $ $ �(�•�� ) (� Cents per linear foot. 32. 10 L.F. Pavement -Concrete on 2/27 Concrete Base (2000-2) Install �-^ �G �•L,.l t" I V"� Dollars D 1J D Cents per linear foot. 33. 10 C.Y. Subgrade-Crushed Limestone for Misc. Placement 111still 71 Dollars 1) o Cents per cubic yard. WATER IMPROVEMENT SUBTOTAL AMOUNT BIll' $ OFFIC iA CITY SECRETARY FT. WORTH, TX EXMBIT "A►' BID PROPOSAL June 15, 2010 (Revised). Page 12 of 18 newer lmprovemenc ITEM NO. QUANTITY AND UNIT DESCRIPTION & PRICE IN WORDS PRICE FIGURES UNIT/TOTAL 1• 101.35 L.F. Pipe-Sewer4 Inch-SDR35 (All Depths) - Install; 8- Inch PVC Pipe for Sanitary Sewer Line by Open Cut Dollars $ �� $ 125 h) n __ Cents per linear feet. 2. 153.04 L.F. Pipe-Sewer-8 Inch-SDR26 (All Depths) � Install; 8- Inch PVC Pipe for Sanitary Sewer Line by Open Cut 1Z,0 r 1�, •/ ` V P Dollars $ Jr' b $ g8(p• SD l�l o r Cents per linear feet. 3. 56 L.F. Pipe-EnlargementmHDPE-Sizes Specified by Engineer -- Install; 6" to 6" Service by pipe bursting, All De the ?+' h Dollars I $ jJ Cents per linear foot. 4. 72 L.F. Sewer Service-4 Inch-SDR26 � Install; Sanitary Sewer Service with Cement Stabilized Bacl¢ll by Open Cut, All Depths (In Public ROW or Permanent Easement) 4c) Dollars $ `�J DD $ �In Cents per linear foot. 5. 491 L. F. Sewer Service4 Inch � Install; 44nch PVC Sanitary Sewer Service Line by Open Cut, All Depths (In Public ROW or Permanent Easement) f ►1 I +� .! I— i' Dollars $ DD $ ) Da ND Cents per linear foot. 6. 19 EA Sewer Service4 Inch Service Tap Install; 44nch PVC Sanitary Sewer Service Tap ` 7k-ceP_ �ia�d rid I .1 Dollars $ 35D@0D$ n Cents each. 7. 19 EA SSee{wer Servilc�-4 Inch-2 way Clean Out � Install l�lMOE, Nu1,[10a Dollars b $D 5 D a 0 Cents each. 8. 1 EA Manhole-Std 4 Ft Diam (to 6 Ft Depth) � Install 1 Dollars $ ADD $ nqD 7 Cents each. 3E11ULIBl l "All 1l 31D PROPOSAL June 15, 2010 (Revised), Page 13 of 18 9. l .89 VF Manhole-Std 4 Ft DiarnAdded Depth (over 6 Ft Depth)I- Install r) h10 ri VLt - AD6 j I -� .j Dollars NO Cents per vertical foot, 10. 1 EA Manhole Drop-Std 4 Ft Diam (to 6 Ft Depth) Install T f-1 , / jflue. U1J j ALI Dollars <� Cents per linear foot. PLp 605z 5C0.06 II. I V.F. Manhole-Drop-Std 4 F1 Diam-Added Ft Depth) Install f o 4U N )A its C Depth (over 6 Dollars $ $ dn2pD 7)_ Cents per vertical foot. 129 110 V.F. Manhole -Paint & Coating -Interior Protective Coating - Install ..Dollars S 1ip(� D� S Q, ioX P N C7 Cents per vertical foot. 139 1 EA Manhole - Remove 7:n r P P 14 u& d, (to Dollars r) Cents -w each. 14. 1 EA Manhole � Abandon rCi ,I p H u hj rL mod. Dollars $.°i7 Cents WND each. ISO 1 L.F. Trench Safety System S Foot Depth Install 1 Ike n J D )K . Dollars $ C; 0, $ cZ p� jy 0 Cents per linear foot. 1& 4 Ea Manhole -Watertight Insert � Install E(� �j Dollars S Iy o Cents each. IT 28 EA Collar -Manhole � Instal C t1 KY4Gl Lip4 � Dollars $ _DU j\j D T Cents each. 1 & 3151.7 L.F. Inspection -Post Construction Cleaning o e— & TV � Study Dollars �S•j D $ 0 Cents per linear foot. 190 405.8 L.F. lns ection-Preconstruction Cleaning & mi � TV � Study Dollars OFFICIAL CITY SECRETARY ��. �1� ' fj'k/t�a� �,a b Cents a) per linear foot. EXMIT "An BID PROPOSAL 3une 15, 2010 (Revised). Page 14 of 18 20. 713 L.F. Pavement-2 Inch Min HMAC on 2/27 Concrete Base (2000-1 A) � Install; Permanent Asphalt Pavement Repair E; q'j Dollars N) �� 1J t7 I� Cents per linear foot. 21. 1600 L.F. Pavement-2 Inch HMAC on 6 Inch Flex Base - Temporary � Install; Temporary Asphalt Pavement Repair, minimum 2" Hot Mix on minimum 6" Compacted Flexible Base, per Fig. 2000-1 C N Dollars $ p bd $ p W) Cents per linear foot. 22. I .L.F. Concrete -Encasement Install; per Fig. 20 j "+ , Dollars Sb O C7 Cents per linear foot. 23. 1 L.F. Curb & Gutter � Remove D4 4 nP� Dollars 00 $ D A) 0 Cents per linear foot. 24. 48 S.F. Walk � Remove; Existing Concrete Walk 4751,1 }-- Dollars $ 7 IL A D Cents per square foot. 25. 8 S.Y. Pavement -Valley Gutter n Remove 7 In i Dollars $ .06 $ ';10,00 /J 0 Cents per square yard. 26. 206 S.F. Driveway � Remove Q V e_ Dollars D Cents 010 per square foot. 27. 600 C.Y. Fill Material -Type B Backfill -- Install 1 p Dollars $ 246 d $ per cubic yard. 28. 10 C.Y. Concrete -Type B � Install; (2500#PSI) Concrete for M' 11 neous Placement /� Dollars D� $ b$ SOD' _ Cents per cubic yard. 29. 10 C.Y. Concrete -Type E � Install; (1500#PSI) Concrete for M' llaneous Placement 1J Dollars ) $ 10,d0 $ [7 Cents per cubic yard. l�t `�-old EXHMIT "A" BID PROPOSAL June 15, 2010 (Revised). Page 15 of 18 30, 36 EA Manhole -Vacuum Test � Services; Vacuum Test for �S-ar-nlitary Sewer Manholes ! 11ice F nod YLP.A Dollars $ �,Db $ �b Cents each. 31. 1 EA Sewer-Service-6 Inch-2 Way Clean Out � Install Dollars $ "rap 6 Nr} Cents each. 32. 1 C.Y, /F--ii�ll1111aterial Flowable Fill (8Inch Sewer) Install >rl4 Dollars $ bb Aa D. S �y 0 Cents per cubic yard. 33. 2066 C.Y. Fill Material -Cement Stabilized Backfill � Install Dollars Q JJ 0 Cents per cubic yard. 34. 8 L.F. Curb & Gutter4 Inch w/18 Inch Gutter � Install Dollars D D D n Cents ,K1 per linear foot, 35. 80 S.F. Dn�'vay-6 Inch � Install �] (f )%�A Dollars �� Cents per square foot. 36. 1 EA Dehole-& ploratory Excavation - Study 1 X U t�C� f t� Dollars $ by� ��' � U0 Cents each. 37. 10 C.Y. Subgrade=Crushed Limestone for Misc. Placement In� 11 t" 1J Q Dollars $ N O Cents per cubic yard. SEWER IMPROVEMENT SUBTOTAL AMOUNT BID Additional Items ll) O �-I U jJC�i��. Do}lars $ c Qo $,�,2M Np Cents per lump sum. 2. 1 L.S. Grout Rip Rap Already in Place o 1, c�o rH Dollars k l�r Cents per lump sum. a EXHIBIT ►►A" BID PROPOSAL June 15, 2010 (Revised). Page 16 of 18 3. 10 EA I Crape MyTtlesNegetation � Replace/Install it U CPNJ ror -}- r' J 4 Dollars $150 $1.500 ND I Cents each. 4. 100 L.F. Replace Damaged Curb �� _ Cents per linear foot. 5. 1 L.S. As Built Drawings Dtja�0L 0a Dollars $(no' $ N 0 Cents Per lump sum. 6. 1 EA Demo & Replace Inlet Top & Rings/Covers +/- 5012 Westcreelc West O= % Ir ::nq 0LkCCt,!2C1 Dollars $'Cow$ IJU Cents each. 7. 150 S.Y. Asphalt Repair @ Intersection of Westfield & Westcreek ast Side) c5) Dollars / a n Cents IN per square yard. 8. 1 L.S. 1t Miscellaneous D totSq elglo Dollars 0 Cents WOO 301000 $ $ per lump sum. cj ADDITIONAL ITEMS SUBTOTAL AMOUNT BID $ TOTALS No fig PAVEMENT &DRAINAGE SUBTOTAL AMOUNT BID �` $ $ WATER IMPROVEMENT SUBTOTAL AMOUNT BID $ $ �V6'I.1D SEWER IMPROVEMENT SUBTOTAL AMOUNT BID $ $ 10 7 79, ADDITIONAL ITEMS SUBTOTAL AMOUNT BID o w $ $ TOTAL AMOUNT BID We acknowledge receipt of and have added to and made a part of the Documents the following addendum (addenda): PxoPua,s�;� (�f?�l'act4 EAltWIT ''A" BID PROPOSAL June 15, 2010 (Revised). Page 17 of 18 Addendum No.1 Addendum No. a �� Addendum No. Dated: (D(V 1 Dl Q Dated: bCe / O) D Dated: We propose to execute a contract with Continental Casualty Company or the City of Fort Woz•th, Texas, at Continental Casualty Company's option, upon award, and to complete the work of the Contract within -d working days. We have included a Bid Bond in the amount of 2% ofthe amount of our bid underwritten by + Y-t�,J M �a We propose to furnish a performance bond and payment bond acceptable to Continental Casualty Company for 100% of the total amount bid and such other bonds as may be required by the contract documents. In submitting this bid, it is understood Continental Casualty Company reserves the right to acceptor reject any and all bids, to waive any informalities and to open the bids privately. In addition, it is understood and agreed this bid proposal shall remain open to acceptance for a period of 60 calendar days from the date thereof. The undersigned certifies that the bid prices contained in this proposal have been carefully checked, and are submitted as correct and final. Name By: Title: (A Partnership�Proprietorship or Corporation) OFFICIAL REC®R® CITY SECRETARY FT. WORTH, TX EX MIT "A" BID PROPOSAL June 15, 2010 (Revised). Page 18 of 18 (Seal if Corporation) Interchange Corporate Center 450 Plymouth Road, Suite 400 Plymouth Meeting, PA. 19462-1644 Ph, (610) 832-8240 BID BOND Bond Number: Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we Conatser Construction TX, LP P. Q. Box 15448, Fort Worth TX 76119 as principal (the "Principal"), and LIBERTY MUTUAL INSURANCE COMPANY, a Massachusetts stock insurance company, as surety (the "Surety"), are held and firmly bound unto Continental Casualty Company , as obligee (the "Obligee"), in the penal sum of Two Percent of the Total Sid Amount Dollars ($ 2% of Total Bid ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for: 2004 CIP Contract 44 - Westcreek Drive Pavement Reconstruction, Drainage Improvements, Water & Sanitary Sewer Replacement in the City of Fort Worth, TX NOW, THEREFORE, if the Obligee shall accept the bid of the Principal within the period specified therein, or, if no period be specified, within sixty (ti0) days after opening, and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or contract documents, or in the event of the failure of the Principal to enter into such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference in money not to exceed the penal sum hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void; otherwise to remain in full force and effect. In no event shall the liability hereunder exceed the penal sum thereof. PROVIDED AND SUBJECT TO THE CONDITION PRECEDENT, that any claim by Obligee under this bond must be submitted in writing by registered mail, to the attention of the Surety Law Department at the address above, within 120 days of the date of this bond. Any suit under this bond must be instituted before the expiration of one (1) year from the date of this bond. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall apply. DATED as of this 25th WITNESS/ATTEST LMIC-5000 day of June 20 10 Conatser Cons By: LP �`` N�nie: Jerry R. Conatser, Pres. Conatser %'�l title: Management Group, Inc, GP LIBERTY MUTUAL INSURANCE COMPANY ey: S. Davis (Seal) (Seal) ®FFICIAL RECG►R® CITY SECRETARY FT. WORTH, TX Rev. 03104 2590050 ;THIS POWER OF:ATTORNEY.IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 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.. ` ':.: ' :' ::.: u'.....' ." - ... .LIBERTY MUT AL INSURANCE COMPANY F30STON, MASSACHUSETTS. ' .. POWER � " WERQF.ATTORNEY,:.". •:"-: �.. ..' " .. KNOW ALL PERSONS.BY -THESE PRESENTS: -That Liberty Mutual Insurance. "Company "(the :'Company" j, a Massachusetts stock insurance company, pursuant to and by authority of.the By-law and Authorization hereinafter set forth, does hereby name, constitute and appolnt GREG A.'WILKERSON; :GLENNA S.".DAVIS, CATHY :VINSON, CAROLYN MAP-11 % JOHN..R. WILSON, ALL "OF THE CITY "OF.FORT-WORTH, STATE:OF TEXAS: ::....:.::.:::::.::::..; :.:,:::::.:..... a 868 6014'aam man seendoa kn6ma paps map wevv0popm of*8189al eager ................................................... ..............• .......a....,....a.... ..... each individually If. there be. more:fhan.one .named, its true "lawful• attorney -in -fact to -.make, execute, seal, acknowledge and deliver, for and on Its :behalf as surety and as Its act and deed, anti an undertakings, bonds,. recognlzances:."and other suret�yy obliggations inAhe.penal sum not exceeding TWENTY FIVE MILLION AND 00/100** ***************'"' DOLL,4RS"($ "25 000 000.00***'* >: a each, and the :execution of such undertakings, bonds;:.recognizances :end:.ether .surety :obligations,.16 pursuance bt:these presents, :shah be as binding upon the Company as €f.they had been duly sig'ned:6 the presidenfaibd::attestecl. by the,segretary of tfie;Compahy:in their own proper -persons. ItThat this power is made: and executed -pursuant to and by.auihorfty of the. following By -law -and Authorization:. . 7. It ARTICLE-XIII -"Execution of Contracts: Section 5. Surety Bonds and Undertakings: Any officer of the Company authorized for that purpose in writing by the chairman or-ths president, and subject to such limitations as the .chairman or the president may prescribe, shall appoint such attorneys -In -fact, as may be.necassary to act in -behalf -of the Company to make, execute, seal, acknowledge and deliver as surety any and all mundertakings,. bonds," recognizances and other surety obligations. . Such legal .attorneys -in -fact, subject to the (imitations set forth in their respective powers of attorney, shall have full power to bind the Company by their rn 0. ";signature and execution of any such instruments and to attach thereto the seal of the Company.. When so executed. such instruments shall be c s :binding as If signed by the president and attested.by the..secretary.. � b .. 8y the following instrument the chairman or the president has. authorized the afficer.or other official named therein to appoint attorneys-in-fact:4MIN. Pursuant to Article XIII, Sectlon"5 of.the $y-Laws, GIt 0arnet W. "Elliott, Assistant Secretary of Liberty Mutual, Insurance Company, is hereby dar � ...-authorized to appoint such attorneys -in -fact as maybe necessary to act in behalf of the Company to make, execute, seal, acknowledge and r II deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. y.: :. . That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. 0 WOMEN c w j IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of C E Liberty Mutual Insurance -Company has been affixed thereto In Plymouth, Meeting, Pennsylvania this 12th day of June . M .. �rI ItO . Re 'y LIBERTY MUTUAL INSURANCE COMPA oNY: I It ai �, O : Garnet W, Elliott, Assistant Secretary N a Elk�, "COMMONWEALTH OF PENNSYLVANIA ss _ y COUNTY OF MONTGOMERY C +� On this 12th day "of June 2009 , before me, a Notary Public, personally came Garnet W. Elliott, to me known, and acknowledged +� N t3 that he is an Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seal of said corporation; and that he executed the above ai Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation.02 " IN TESTIMONY WHET F i� "e:h unto subscribed "my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year a N v first above written. ;�.`' CNu{ �.i, :COMMONWEALTH OFkNNSYIVANiA' :': 1= N i �..• rJ :'.Notniai5enl'•. - : - - `+� C7 ' .r..: Tamsa Pactetia, Nclaiy PtNkx .Y. CO 0 . • ."" _ 'PlYmnulfti. Monl eryCOUnry : -:By " G1 •� MYConIS1104n.F�punsidmsh2J,_0,3 Ter sa Pasteila, Notary €Public: Ll r Mem cv, Pumsyrvnni�lue7WdaL,n o1 Katat O.. : 0CERTIFICATE r I, the undersigned, Assistant ecretary pf Liberty Mutual Insurance Company,, do -hereby certify that the "original power of attorney of which the foregoing Is a full, true and correct copy, is in full. force and effect on the:date-of this cert€ficate; and 1. do further aertlfythat"the officer or official who executed the said power of attorney is an Assistant Secretary specially authorized o :the chairman ar. the president to.appoint attorneys -in -fact as provided in Article XIII, 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 Insurance Company ate meeting duly called and.held on the 12th•day of March,1.980. :.VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a csrtif€ed copy of any power of attorney issued by the company in connection with surety bonds, shall be Valid and binding upon the company : with the same force and effect as though manually affixed. " .. ' . - " . 1. IN"TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said company, of June 2010 OFFICIAL.RECORD. tByZ4 1 1TY SECRETARY '' Davi M. Carey, Ass nt SecretaryNO TX ROBERTS, TAYLOR & SENSABAUGH a Corporation PROFESSIONAL CONSULTANTS June 15, 2010 TO ALL PROSPECTIVE BIDDERS Re: Principal Obligee: Project: Surety: B and No.: RT&S File: Gentlemen: DALLAS/ FT. WORTH OFFICE: 4001 Gateway Drive Suite 100 (Sly 28We 2-1 Texas 76034 Fax {817) 282 7598 HOUSTON OFFICE: s 0 Rd. H0I 9�88 77mo ax (281) 97MM REPLY TO: Dallas(FL Worth Texas United Excavators, LLC City of Fort Worth 2004 CIP Contract 44 - Pavement Reconstruction, Drainage Improvements and Water and Sanitary Sewer Replacement on Westcreek Drive, Continental Casualty Company 929448633 10-31166 (33) ADDENDUM NO. 1 Please note the following change to the Invitation &instructions To Bidders dated June 10, 2010. 1. Delivery of Bids. Bids will be received in the offices of Roberts, Taylor & Sensabaugh, Inc., 4001 Gateway Drive, Suite 100, Colleyville (DFW), TX 76034 by Mr. Keith Roberts, Consultant to Westenz Surety Company, until 5 P.M., Friday, June 25`b, 2010. Proposals may be sent by facsimile to the offices of Roberts, Taylor & Sensabaugh, Inc. provided such proposals are followed by one day overnight delivery of fully executed originals. The phone number for facsimile transmissions is (817) 282-7598. Each Bidder is instructed to complete the Bid Proposal Form, attached and identified as "Exhibit A", in submitting a bid for this completion work. 2. Exhibit "A" � June 15, 2010 (Revised) attached herewith. If you have any questions or comments regarding this Addendum or the Invitation & Instruction To Bidders matter, please contact me at 817-282-7597. ddVIdu rVi Cj(LV)DJ4Cq G. Keith Roberts ✓�/ GIOZ/com cc: ("lie is e r, CITY SECRETARY �T. W®RTH, TX ROBERTS, TAYL"OR & SENSABAUGH a Corporation PROFESSIONAL CONSULTANTS June 16, 2010 TO ALL PROSPECTIVE BIDDERS DALLAS/ FT. WORTH OFFICE: 400I Gateway Drive Sate 100 Colle rvUe Texas 76034 `817) 282-1597 Fax (817) 282-7598 HOUSTON OFFICE: 12345 Jones Rd, Site 2A0 Hgol n0-69T &ex g 77070 Fax (281) 970-6977 REPLY TO: Da[las�Ft worth Re: Principal: Texas United Excavators, LLC Obligee: City of Fort Worth Project: 2004 CIP Contract 44 - Pavement Reconstruction, Drainage Improvements and Water and Sanitary Sewer Replacement on Westcreek Drive, Surety: Continental Casualty Company Bond No.: 929448633 RT&S File: 10-31166 (33) ADDENDUM N0.2 Gentlemen: Please note the following changes to the invitation &Instructions To Bidders dated June 10, 2010. 1. Exhibit "A" -June 16, 2010 (Revised) attached herewith. • Item 44 (Paving) -Revised quantity to read • ltem 3 (Additional Items) -Line item budget for replacement of crape myrtle bushes • Item 7 (Additional Items) - Revised quantity to read 150 S.Y. • Item 8 (Additional Items) - Added "Miscellaneous" L.S. Ifyou have any questions or comments regarding this Addendum or the Invitatian &Instruction Ta Bidders matter, please contact me at 817-282-7597. GKRJcom cc: file