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Home My WebLink AboutContract 45291 I" l CITY SECREURY D.OsE. COWU6710 CONTRACTOR'S BONDING COw rull CONSTS RUCTIOlN'S FoRTWORTH CU,ENT V PROJECT MANUAL, j l' THE F l EASTERN HILLS DRAINAGE SYSTEM IMPROVEMENTS, f' PHASE 2 r City Project o.01363 1 DOE N .70,72 Fie No.,S9 X-2227 Price sy ii ns, Mayor Ci ' �f Frank Crumb, Director,, Du , P.E. Diredor,, Tran,Wtatl on and Puibi 1 c Works f PreWed f(w u, The City Fort Worth, F r r Stcrnrwater M aI 20113 f I bmbs 1 i neerIl ng Group I nc. a'r Street F 761 f PAUL. DORNSIFE 11�41��r�ew��s�,w��►�wrr��w��►�,��u�raArl 27 %` " A RECEI YED�f JAN . 201 OFFICIAL 0-CORD LOFF CITy SliCKTARY lip" F wo"Ho TX NOVWdlaGU�rrvo v rR�oo� i III C Review Pagel f Offidal site of tlie City of Fort Texas CITY COUNCIL AGENDA FORTWOR,711 1 @1WiNiVtiWWb1iWN81GWIIG�N W4 8 I ,, WWh WWII ((WWS4 NI i�idu;Wd�iSV�,(��WIWNIIWSOWdN�WN iNrf1 INN Y l�'/fhWrW!M�;NWf N i WWII r .� � �WlUY1WdN!INmSNNI,NIWII IIWN r�IYl rr flM f r !>"W 6W,kg1�dNP��ik llNWf�,WUIIVfrV�ll?�fDH!S I J I v >r91NN�,""iWl In((W1drNHIa11WJ1f111nIVllIM+/J! � � J J r' // ✓ hy,G!W((�»'Jl�ffSWll f�YW'11(Il�(�vl�'1rWN1 f!I U � I !/ i r �.. 'lWaJ4WIWI1Nlb/lldlJIIN /,eJll 1, /r V W r e + IINW1tifYllWli�J!7WllJi,l ( r ,, d iF Y✓/��lllTJlJfu/,/J///eHIWyWIndI1,,�r1C fW! a ! � l�1ff(N1Wi�fPl r�'WdVa4/(f/sINNIWJ✓!�1W4/IJdWW!��l�rmd7J�,"�'�'�(�!,IfI W!9hr1��k/nWlitff NlldW>dWrtbVif OIIW(�i�4Wl+,�rWW11r'd(�NfIfNWIWGidt�Vldl�`N✓W'itFWfsi��'�(ffylduVifWdWWWSmO(11�Wd914�WI WfW7��»nJNt�lild�IVNlWfii�ilW4%rt W4 fl)P d�91d�Mh4N1�l W`villlWI,WNI Pdf7NVV>'VYflWl 41%A��(�Y�I(�!�,MJ1711fi�1'Ns�SW6fUi W'�IWJII�+�fl�(�Jr%FJIW��4Jlv�,��1111rr�11D/�l COUNCIL ACTION,:,: Approved on 12117/2013 dW11IlYfuJ�?n'N hWU W I VuJW NW�i,WNW� , Wd K,li 9�16111�W�V �1 111 P I" l91,�r(..I.WGW ✓ i i i �l�l�'�WN!f'W��N,IiaWNG41PlISIIVIJUJ,�IIriN P i t A ! ! r ✓ r !W4fl1Y1�dW � ,! i ✓ r � >�1,I!d&N>n<dW>,W1WY�WWWUIfIWIPfd�',WlPd+r FYI l V P , r WN„�!�1 J9"YfW Y,'IW3W,WnWiflNr(l.W/4,, W W , ✓ ✓ ✓ r � WJ ,JIWr J 0 y , ✓ � „, , hK!WM 1✓W 1Y7JlaNIblll(ffPW,J / ,l,l � Jly, I l 1 // f r i ✓ � r , f tll �bW r W 1 l ✓ 1 i d y i F�11111J1(Gn IPlllrlrN;Yl�ik�1fdf9Yl J i h 1, / 1r � r Prlly�/rfVlw7!�Nl�1J�✓1�1>!JNW�r!, I i 1 r f I r � , I�Jli�l+,�X/II�1ll�illWraN11W�'ll✓7af/�1I1%Wf�`idyl Vi,!�'?WIIJl%l�Nll1„%Wl'rJryltll PViyi11 10/IeW"i��Y��W�(„�1 J�7Yr(rWsV�IIVYrs4WI,dYrirrWYIW11. y..Fla,IWN; /f VWF�((ifc�bWfiyJl WNcWYaF(ub�YkW✓bWf�IrNl;wntiWl��9yaiC�ri'�rFWVUW��'W>AWE,WktNSNi�I(1 �16W��NIllWWIL1WNU�>NIda�Wd!�WUFNIF✓`®Yw�,�rl,�f�YPrld)��PWY��u DATE.- 12/17/2013 REFERENCE�RENC 2 S EASTERN HILLS �O.� C 2 6614 LOG NAME.- PHASE 2 CONSTRUCTION CODE: C TYPE- NOW PUBLIC CONSENT HEARING: SUBJECT Authorize Execution of as Contract with S.J. Louis Construction of texas, Ltd'., in the Amount of$2,6910,'105.72 for the Construction o"'Eaastern Hills Drainage System improvements Phase 2 and Provide for Contingencies and Construction Service's for as Total Project Cost In the Amount of$31, 3,10 .72 (COUNCIL DISTRICT 4) ��s��;ys�WNllis��>sG>'IWF �I IAI a I�WrvWWJ r ! f � �W%uN,s�WI�a�Na�W��,nrlWr��N ia�I fu P ,I f W cW1WWWW�W+�,aor'1 W!�1 JW S�;,,WNWW a ba I I,W�N!W i��r a a rs�tASWi �maa�%�e a Asv r�au�Wr��irl�aWrw�lu��,�,�arrW r r a r�,�Jt r I��W�rr rrb,W�luIu/i�r rrfrf ii INS r FJ�� r W,1Y,1�r/,�N�,�Vr IN i,�UJ1.J/(�(r�/d r l 1(Y,r l,a l//NlJrl%lll�Il/I/Fn�//mUf/(GNff r 7 Vr k Y(4lI,Y Il'a'D�IlN1�ANlf(41,f fi^N/!(ffl✓4�A��F,�'qll(d/l%llfff,l✓F/✓i///�f(u,i (,11/1(F/e k,QN,'1 VJ,kG,1„I�I WA, "i>r((WI�JkVVV!d,/ P6;;lIIIFF`I(�jd(IdliaJl6FhlaiDYfjVIV(11,r r 6��'rGldPdW(Y/�'(rWAlbbl�?IIfNd{NVddRaNfW7F11 SUP/WNVANi1J!O�WPI!NI11tU'JFWYWfWWrNWW/Wl�f?f d,'iWW�I�r Wt�'di✓d�'�"di��diW',VV�fWC9;u'W+1WAlIINf Vdfi(W�WIIdIM�'?QSYa�if'WfflHWi�NIV�'U!�PI�INhV�`>'�$r It is recommended that the Cite Council authorize the execution of a contract with S,J., Luba Construction of Texas, Ltd.., In the amount of$2,090,,105.72 for the construction f Eastern Hills Drainage System Improvements 'ho se 2. DISCUSSION: 9) The purpose of this Maayor, and Council Communication is to authorize the execution of as contract Lithe S Jw Louis Construction of Texas, Ltd., in the amount of$2,000,105.72. This project Is needed) to replace the undersized existing storm drain system to reduce flooding to 22 residential properties in the Eastern Hills neighborhood, and mitigate roadway flooding along portions ns of Weiler Boulevard, Danciger Drive, f and Monterrey Drive. This project also includes pond dredging, modification to an existing spillwai y and channel reconstruction and stablilizatio,n west of Weiler Boulevard. This project was advertised for bid in the Fob worth Star-Tel, ra on September 10, 2013 and September 26, 2013. On October 17, 2013, the following bids were received.. BIDDERS BID AMOUNT S.J. Louis Construction of Texas, Ltd. $2,000,105,72 CD Builders, Inc. $2,9391,547-50 Woody Contractors $3,195,575.75 ARK Contractor Services, LLC $3,464,247-00 It is recommended that,a contract, be awarded rd+ d in the amount f$2,690,105.72 to S J. Louis Construction of Texas, Ltd. Costs for the implementation of this project will be funded by the S�t rm titer Capital Projects Bond Fund. The recommended contract award amount includes a pre-esta,bli,sh ed field order aall, waance of $155,000.00. Other budget items beyond the construction contract amount include $3 8,000.00 for construction management, survey, material, testing, and, inspections and $125,000.00 for contingency. The total, project budget is in than amount of$3,183,105,72. 2. M/WBE Office — S.J. Louis Construction f Texas Ltd., is in compliance with the City's BDE Ordinance by committing to 10 percent MBE participation on this project. The City's MB,E goal on this project is 10 percent. Thais project is located in COUNCIL CII DISTRICT Mapsco 332 A8. FISCAL INFO TiONICERTI,FICATION: The Financial Management Services hector certifies theaat funds are available in the currant capital budget, as appropriated, of the S"t rm cater Capital Projects Bond Fund. TO Fund/Account/Centers FROM Fu�nd/Accoun�t/Centers , rnht -.f le-. C ADocuments and Sett ngs\K a:r aK\► sto C ntrauts C+ nt a is Eaas,tem H... 12/18/2013 &C Review Fags 2 of 2 P,227 541200 2042801 36387 $2 Submitted fob City m� goes Office��. Fernando C s a (6 122) I ting_- ar .n .Head: Douglas W. Wiersig (780 1) Additional Information Contact,. Debbie Willhelm (248,1) I' ATTACHMENTS 011363 Eastern Kills Phase 2 Map. 1 NOW m h tm :fi I e-*HC ADOCUMents and Sett'n s Ki rkp Deskt l C n °ac s C ntrac s E to H... 12/18/2013 F1, CITY OF FORT W01RTH TRANSPORTATION AND PUBLIC WORKS DEPARTMENT ADDENDUM NO. 11 To,the Plans, Specifications and Contract Documents EASTERN HILLS DRAINAGE SYSTEM IMPROVEMENTS—PHASE 2 CITY PROJECTNO.:011363 DOE NO..- 7'072 Bid Date.-, October 17, 201,3 Addendum No.I Issued: October 9,2013 The Plans, Specifications and Contract Documents for the above mentioned project are h6roby revised or amended as follows.,- IF, CONTRACT DOCUMENTS. 1. SECTION 00 00 010 TABLE OF CONTENTS(Page 2 of 3)—Revised nomenclature and name for the Special Specifications, 2. SECTION'00 21 13 INSTRUCTIONS TO BIDDERS(Page,2 of9)—Added Section 3.6 regardiing special qualifications requilred for this project. 3. SECTION 00,42 43, PROPOSAL FORM—Replaced, in its,entirety. A revised Excel sipreadshe�et ofthe proposal form mfilli be uploaded to Buzzsaw. Below is,a,summary of the major,revisions.* ,ro & Revised quaniti't�iles for 12"Gate Valve, Epo�xy Manhole Li�ner,,,4' Manhole, and Block Sod'Placement Added Bid Item for Imported Embedment/Backfill, CSS, (Box Culvert) Added Bid Item for Irnigation Repair around Inlets(As Necessary) 4�. SECTION 00 512 43 AGREEMENT'—Revised portions of Article 3.1, Time is of the Essence and 3.2 Final Acceptance. SPECIFICATIONS 1. Deleted SECTION 99919.0001 PRE-AND POST-CONSTRUCTION SURVEY in its entirety. 2. Deleted SECTION 9999.0002 VIBRATIO�N MONITORING in its entirety. 3. Added SECTION 9919.05A VIBRATION MONITORING SPECIAL SPECIFICATION 4�. Added SECTION 999.05�B FOIUNDATIO,N SURVEY SPECIAL SPECIFICATION .5. Revised SECTION 311 25 00 EROSION AND SEDIMENT CONTROL-Mod"Ified how Item is to be paid and added the requirement for inspections to occur every seven (7)days. 6. APPENDIX GC-4.01 Availability of Lands. Temporary construction easement for Parcel, 5-;.TCE 0 8`13 Weiler Blvd.) is not required for this project and is, hereby deleted from this contract., CLARIFICATIONS FROM PRE-BID MEETING P IF 1. REVISED,SECTION 31 25 00 EROSION AND SEDIMENT CONTROL,—It was incorrectly ill stated at the pre-bid meeting that the City shall,perform, 'Inspections, oferosion and sediment controls devices at least once every seven(7)calendar days. The intent of the revised 4 9 specification is,for the contractor to perform the reqlu�ired inspections of the construction s,ite as prescribed in the Construction General Permit TXR15000,but on a more frequent basis than 14 days. Per the revised specification,, the inspection must occur on a specifically,defined day so both the contractor and City inspector,are present for,the inspection. It will be the contractor's responsibility to keep records of theinspections and any modifications based on the,results of the 'inspections in accordance with the permit. .Addendum No,. 1 Page 1 of 2 October 91, 2013 This Addendum,forms a of the Contract Documents for the ab ve referenced project and modifies,the original Plans, Specifications and Contract Documents. Bidder shall acknowledge,receipt of this addendum by completing,the requested information at O' the following locations,* IFF 1. In the space provided on the signature page of Section FORM. 2. Indicate'in upper on the outs d envelope AND,ACKNOWLEDGED ADDENDUM 3. Execute acknowledgement below and submit signed copy,with your proposal at the time of bid submittal. � �, Failure acknowledge the receipt ' this Addendum couild, cause the subject bidder to be considered, "NONRESPONS E," resulting in disqualification. 1t' RECIE,P ACKNOWLEDGEMENT: Douglas W.Wiuersig, PE t„ DIRECTOR TRANSPORTATION PUBLIC WORKS DEPT. P. . .� . Stephen Kohler,Vice President Debble J.Willhdffn, P.E. Project Manager ny: . .Louis Construction of`exas,Lt 'M r, l t Addendum No. 1 Page 2 of 2 October 91 2013 it V J� CITY OF FORT WORTH TRANSPORTATION C RTATION AND PUBLIC WORKS DEPARTMENT ADDENDUM NCB.2 To the Plans,Specifications and Contract Documents EASTERN HILLS DRAINAGE SYSTEM I PROVEME'NTS--PHASE CITY PROJECT NCB.:01363 OF 1 O.: 7072 Bird Date.-October 17,2013 Addendum ICS.2 Issued October 11,2013 The Flans„ Spe ificafions.and Contract Documents for the above mentioned, project are hereby revised or amended as follows CONTRACT DOCUMENTS: TS 1. SECTION 42 43 DROOP,,FORM Replaced in its entirety. revised Excel spreadsheet of the proposal form will be uploaded to B,uzzsa,w. Below is a summary'... 0 Revised quantity for"Remove Speed Cushliort/Raked Crosswalk" Revised quantity for"Cement" 0 Reprised quantity for"H MAC Speed Cush,ion/Raised,Crosswalk" 0 Revised quantity for""EFL Raised barker T !`I-C" Fill/, CLARIFICATIONS TO B101DERS QUESTIONS r, 1. The work performed, and materials furnished for a temporary cofferdam in the pond shall be oons�dor d subsidiary to"Concrete m in though the C oncrete Principal Spillway Riser Structure". spillway structure is paid by Lump Sum, Contractor may.submit partial play request once the cofferdam is installed in an amount no greater than 75 of total bid value for this line item. This Addendum,forms part.cf the Contract ct I o►cuments for the above referenced, project and modifies the original plans,Specifications and Contract Documents. Bidder shall acknowledge receipt of this addendum by completing the requested information at the following locations: 1 I In the space provided on the signature page of Section 00 41 00 BID FORM. 2. Indicate"in upper case letters Can the outside of your scaled bid envelope, "RECEIVED f, AND ACKNOWLEDGED ADDENDUM NO.211 r. 3. Execute acknowledgement below and submit signed copy with your proposal at the time of bid submittal. fill Iarl�aro to acknowledge receipt i um could cause the object bidder to be °��rl�+d tl +� recd t of Addendum consi lcre+d resulting In Lie uelift+cetiowrr RE,CIEPT ACKNOWLEDGEMENT.- Douglas W.Wiersig, P DIRECTOR TRANSPORTATION&PUBLIC WORKS DEPT By. B ` Stephen K Ier,V----ilce President Debbie J.WI 1 K6Irn, P.E. Project Manager Corn ne"':a.J.Louis Construction, f Texas,Ltd. r% Addendum No. 2 Page I of 1 October 11 2013 r, i T/ o' ii. 005243-1 Agreement Page 1 of 4 ADDENDUM#1 I SECTION 00 52 43 2 AGREEMENT' 3 THIS AGREEMENT, authorized on December 171, 2013 �s made by and between the 4 City of Forth Worth, Texas h me rule municipality, ct.ng by and through its ts duly 5 a uth r zed City Manager, ("City"), �d S.J. Louis Constr��uuctlr �u, ��uth+��d �+ d+ 6 business in Texas, acting by and through its duly authorized representative, 7 ("Contractor"). PM,,; 8 9 City and Contractor, In consideration the mutual covenants hereinafter set forth, agree 10 as follows: 11, 12 Article 1. WORK 13 Contractor shall complete, all Work as specified or indicated 'n the Contract Documents 141 for the Proj ect identified herein. 1 16 Article I PROJECT 17 The project for which the Work under the Contract Documents, may he the whole or only 18 a part is generally described as follows 9 Emote Hills rw*n e S stern 1 r�aver1 �rlts �� Sto Drain Rehabilitation and ��s w 20 IMprovements 21 1 fro* �t o. 01.363 22 23 Article 3. CONTRACT TIME 24 3.1 T 25 All time limits for Milestones, if any, and Final Acceptance as stated in the Contract Documents are of the essence to this Contract. The Contract Time shall commence 27 n later than 1 6 2014 on which the contractor shall start to erform the work 28 specified in the Contract Documents. The official Notice to Proceed may he given 11 MR, 29, at anytime within. 14 days of the Effective Date of the Agreement as provided in 30, Paragraph 2.02 of the General Conditions. 31 3.2 FiW ApoptOO4 32 The Work will be complete for Final Acceptance within 365 calendar days after the 33 date when the Contract Time commences ences to run as provided M Paragraph 2.03 of 34 the General Conditions. 1 315 3.3 Liquidated damages 36 Contractor recognizes that time is of.the essence of this, Agreement and that City 37 will safer financial loss if the Work is not completed w1th.m the times specified in 38 Paragraph 3.2 above, plus an y extension thereof allowed in accordance with Article 319 12 of the General Conditions. The Contractor also recognizes the delays, expense 40 and difficulties involved in proving in a legal proceeding the actual loss suffered by 1 the it if the Work riotletedn tirrl � rdirl�l , instead `reign any 2 such proof , Contractor agrees, that as liquidated damages, for delay but not as a 3 penalty), Contractor shall pay City one thousand. Dollars $1000.00) for each aay 1101, that expires after the �` s e� 1�d l� �r��r �� 1 �� u�tll the 5 City issues the Final Letter of Acceptance. CITY OF FORT WORTH E.XS1'ERN HILLS DRATNAGE SYSTEM IMPROVEMENTS STANDARD CONSTRUCTION S:PECIFICA ION.DOCU1 1 I TS, CITY PROJECTNO.01363 �� 1 vised August 17,2012 005243-2 Agreement Page 2 o 4 ADDENDUM 1 46 Article CONTRACT PRICE, 7 City agrees to pay Contractor for performance of the Work n accordance with the 8 Contract Documents are amount 'n current funds of Two Million, Six Hundred Ninety Thousand, One Hundred .Five Dollars and 72/100 ($2,690,105.72). PIP/ 50 Article 5. CONTRACT DOCUMENTS 5.1 CONTENTS: 52 A. The Contract Documents rents which comprise the entire agreement between City and SWIM 53 Contractor concerning the Work consist of the following* 54 I.. This Agreement. 55 2. Attachments to this Agreement-, a. Bid Form 57 1 Proposal Form 58 2 Vendor Compliance nee to State Law Non-Resident Bidder 3 Pre qualification Statement 4 State and Federal documents, (project specific) 61 b. Current Preva.l in .Wage Date fable 62 c. Insurance ACORD Forms 63 d. Payment Bond 64 e. Performance Bond 65 f Maintenance Bond 66 g. Power of Attorney for the Bonds 67 h. Worker's Compensation Affidavit ny �1 6 . MBE and/or SBE Commitment Form 69 3. General Conditions. 70 4. Supplementary Conditions. 7'1 5. Specifications s eeifle,ally made a part of the Contract Documents by 72 attachment or., if not attached, as incorporated by reference and described� n fop 73 the'T'able of Contents,of the Pro .± d eet's Contract Documents. 7 6. Drawings. 75 7. Addenda. 76 8. Documentation on submitted by Contractor prior to Notice of Award. t». 77 9. The following when may e delivered or issued after the Effective Date of 7 'the Agreement and,, if issued, become an incorporated part of the Contract 79 Documents: 80, a. Notice to Proceed. 81 b. Field Orders. 82 e. Change Orders. 83 d. fetter of Final Acceptance. �1 CITY OF .:�'WORTH EASTERN HILLS DRAMAGE SYSTEM 1 R M N S STANDARD CONSTRUCTIO'N SPECIFICATION DOCUMENTS c rr y PROJECT NO,.Oil 363 Revised August 17,2012 005243-3 Agreement Page 3 of 4 ADDENDUM 1 86 Article 6. I D IFICAT O 87 6.1 Contractor covenants and agrees to indemnify, hold l rmless and defend, at its 88 own expense, the city, its officers, servants and employees, from and against any and all claims arising out of, or alleged to arise out of, the work and services to be performed by the contractor., its officers, agents, employees, 1 subcontractors, licenses, or, invitees under this contract. This "Indemnification 2 provision is specificaa intended to operate and be effective even if it is ally � fO91,/ 93 or proven that all or some of the damages being sought were caused in whole 4 or in part, h n act rni s rn r nee l nre+ of the �i This ih+d ni 5 provision is intended to include, without liImitatlon, indemnity for costs, 96 expenses and legal fees incurred by the city in defending against such clams s and causes of actions 6.2 Contractor covenants and agrees to indemnify and hold harmless, at 'its own 100 expense, the city, its officers,servants and employees, from and against any and 101 all loss, damage or destruction of property of the city, arising out of or alleged 102 to arise out of, the work and services to be performed by the contractor., its 1031 officers, agents, employees, subcontractors, licensees or invitees under this 104 contract. This indemnification-provision is s ecifical intended to operate and 105 be effective even if it is alleged or proven that all or some of the damages, be* 106 sou ht were caused in whole air in art b un a,pt n ission or neglipence o 10 107 the c1'!K1 1 109 Article 7. MISCELLANEOUS 110 7.1 Terms., I'll Terms used In this Agreement which are defined in Article 1 of the General 112 Conditions will have the meanings indicated in the General Conditions. 11 7.2 Assignment of Contract. 114 T i s Agreement, including all of the Contract Documents may not be assigned by 1.15 the Contractor without the advanced express itten consent of the City. 116 7.3 Successors and Assigns. 117 City and Contractor each binds itself :is tn�er , successors', assigns and legal 118 representatives to the other,party hereto, in respect to all covenants, agreements d 119 obligations contained in the e Contr t Documents. 120 everabilit . 121 Any provision or part of the Contract Documents held to be unconstitutional,, VOW 122 or unenforceable by a court of competent j urisdietio�n shall be deemed stricken, and I POW 123 all remainin g provisions shall continue to be va.1id and blinding upon, CITY and, d 124 CONTRACTOR. MR 125 7.5 Governing Law and venue. 126 This reer�ent, includin all of the Contract Documents � Arlo a:b1�e in the 127 State of Texas. venue shall be Tarrant County, Texas,, or the United States District t 128 Court for the Northern District of Texas, Fort Worth Division. CITY OF FORT WORTH EASTERN HiLLS DRAINAGE SYSTEM O� TS SMu'ANDA D CONSTRUCTION SPECIFICATION tX)CLI ENTS CITY PROJECT N .01,363 Revised August 17,2012 0052431-4 Agreement POP Page 4 of 4 ADDENDUM'[#1 129 ". Other Provisions. 130 The Contractor agrees to pay at lest mini'mum wage per, hour for all labor as the 13 1 same is classified, promulgated and set out by the City, a copy of which 1s attached 132 hereto made a part hereof the same as if it' were coplie verbatim herein. 133 7.7 Authority to Sign. 134 Contractor shall attach evidence of authority to sign A��r�� ant, �� other than duly 135 authorized signatory of-the Contractor. 3 137 IN WITNESS WHEREOF, City and Contractor have executed this Agreement in 138 multiple counterparts. r, 139 140 This Agreement is effective as of the last date signed by the Parties ("Effective Date''). 141 Contractor: �its 1�1� rt S. . Louis Construction of Texas, Ltd ...................................... B Ferniando Costa °haw s, . s Jl (Signature) Date Les V. Whitman Attest MANN ,µ w (Printed Name) City Secretary (Seal); WIN Title.- m General M r � Address. 520 South 6t. Avenue M&C C_ 7-Le U Date-, 02. », C it f�jejd �Tex 3 Approved as to Forte and Leg Date C. Assistant City Attorney. 1,4 1„ 143 144 APPROVAL RECOMMENDED-.: 145 14 147 w 1.4 N DOUG . WIERSIG, PILD., 149 DIRECTOR, 150 TRANSPORTATION & PUBLIC WORKS CITY"OF'FORT WORT � EASTERN HILLS DRAINAGE SYSTEM PROVEM NTS ST°A NDA CIONST.'IXTCON SPECIFICATION DOCUM.ENTS CITY PROJECT NO.01363 Revised,August 1.7,2012 PE., ..M ICE BOND Page 1 of 2 SECTION 00 61 1.3 PERFORMANCE BON Bond o.: 19003 35 3 4 THE STATE F TEXAS KNOW ALL BY THESE PRESENTS, COUNTY OF TA 7 That wee, SA Loma Construction n of Texas, Ltd., known as "Principal" herein and MR 9 Liberty Mutual Fire Insurance Company a corporate surety(sureties, if more than one)duly authorized to do business in the State of'Texas, known as "Surety" herein (whether one F or m r �, are held and firmly bound unto the City of Fort Worth, a municipal corporation creat d A pursuant to the laws of Texas, o n as City' herein, n the penal sum of, Two Milflon, Six 13 Hided Ni et Thousand, One Hundred Five DoUars and 72/100 ($2,,690,105.72), lawful 4 money of the United States, to he paid *n Fort Worth, Tarrant County, exas for e payment " � p which sum well and truly to, be made, we hind ourselves, our heirs, executors, administrators, 16 successors and asst n ,Jointly and severall �, f r�-nly by��e�pre ents.. 17 MIMREAS,the Principal has entered into a certain written contract with the City 18 awarded the 17th day of December, 2013, wh lch Contract 'is hereby referred to and made a part hereof for all purposes as if fully set forth herein,to furnish materials,all�� ,e Uip went labor and 20 other accessories defined by law, In the prosecution of the 'work including any Change Orders, l as provided for In said Contract designated as Eastern Wills DrainageWystem Improvements, 22 Phase 2-Storm Drain Rehabilitation and Improvements,City P"tic t No.013163 4 NOW, THEREFORE,the condition of this obligation is such that if the said Principal. 25 shall faithfully perform it obligations under the Contract and shall In all tesp cta duly and f 26 faithfully perform the Work, 'including Change Orders,under the Contract, accordmog to the plans, r 27 speclficatlons and contract doc cnts therehl referred to, and as well dunng any period of 28 extension of the Contract that may he granted on to part of the City, then this obligation shad he 9 and become null and void,otherwise to remain in full farce and effect. 30 PRA ED FURTHER,that if any legal action he filed on this Bond, venue shall laic 31 Tarrant County,Texas or the United States District Court for the:Northern, District of Texas, Fort 32 worth Division. CITY OF FORT WORTH Eastern 1 119 Drainage Stem Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.0I363 Revised July 1,2011 VIP I� ,t 00161 13-2 PERFORMANCE BOND Page 2 of 2 1 This bored is made and executed in comp ii,nce with e "provisions of ter 2253 of the 2 Faxes Government Code, as amended,ended, an all 1 abi t�es on this bond shall be detennined in 3 accordance with the provisions of said statue. I SS REOF, the Principal d the Surety have `IGNE and SEALED 5 this instrument by duly authonized agents and officers on thi's the_26th dad of 6 December 20,13 PRINCIPAL: SJ Louis Construction of Texas, Ltd. 9 to Ole I I Y � �.... a 12 . J aei, igatur 13 ATTEST: 1 15 Les V. dun, ear t (Princi al) Name d Title t 18 address. 520 South Sixth Ave., P.O. Box 834 Mansfield TX 76063 2 21 22 Witness,as,t KnCiffal- Adam I-Amsford 23 SURETY- 24 Liblert,y Mutual P"Ure Insur n+ce c9 , 2 }s 2 2 * mat 28 Signature ruice N.Teli nd,er, Attorne in-F'act M 31 Name and Tate 32 3 Address: 450 P'l mMouth Road, Suite 400 34 P lI mouth Meeting, PA 1 9462-8284 go 0? „ Number:37 "N.—Vik'ness as to Surety Telephone 763-302,-7'214 3 4 t signed by are officer of the Surety Company, there must be on file a certified extract 42 from the by-laws showing that is person h authority to s such obligation. If N 0 43 Surety's address, different from its mailing address, both must be provided. 44 The date of the bond shall not be pn'or to the date the Contract is awarded. CrfY OF FORT'WO TH Eastem Hills Drainage System improvements, STANDARD CONSTRU ON SPECIFICATION DOCUMFNTS City Project No.101363 Revised July 1,201 0061 -1 PAYMEN"r BOND Page[of 2 SECTION 010 61 1 2 PAYMENTBOND No.,-W 9 23 3 THE STATE OF TEXAS, 5 § KNOW ALL BY THESE PRESENTS. S 6 COUNTY OF TARRANT § That we, S.J. Louis Construction of Texas,s, Ltd., luiown as "princic al" herein" and Liberty Mutual Fire Insurance Company � a corporate surety 9 (sureties), duly authorized to do hus.ness in. the State of "texas, known as Surety" herein t (whether one or more), am held and firmly hound unto the 01 of Fort Worth., a municipal low, t corporation created pursuant to the laws of the State of Texas, known as "City" herein, In the 12 penal sung of Two Million, Six Hundred Ninety Thousand, One Hundred Flive Dollars and PIP 3 72/1 ($2,690,105.72), lawful money of the United States, to be paid M' Fort Wow, Ta na t 14 County, Texas, for the payment of which Burn well and truly he made, we hind ourselves, our 15 heirs, executors, ad i�lstratars, successors and assigns, 'o'ntly and severally, firmly by these r 16 presents: t N AS Principal has entered into a certain written Contract with City,warded the 18 17th day of December, 20,l 3, which Contract is hereby referred to and made a pert hereof for all 19 purposes as if" Bally set forth herein, to furnish all materials, equipment, labor and Other accessories as defined by law, In me prosecution of the Work as provided for%n said Contract and l designated as Emtern Hills Drainage System Improvements, Phase 2-Stn► Drain Rehabilitation and Improvements,City P t No.0113,63. �a 23 NOW, THEREFORE, THE CONDITION OF THIS, OBLIGATION 1s such that if Principal shall pay all mnni* s owing to any and all) payment bond beneficiary as defined in 25 Chapter 2253 of the Texas Government Cede,as amended i.n t e prosecution of the,Work under 26 the Contract, then this obligation shall be and become null and void; otherwise to r mam" in full 27 force and effect. ORM 28 This,bond is made and executed in compliance with the provisions of Chapter 2253 of"the 29 Texas Government C ode, as amended, and all liabilities on thi's band shall be dete fined m 30 accordance with the provisions f"said statute. 31 MIN %%�.,P CITE`OF FORT WORTH Eastern Mills..Drainage SysWm,Improvements STD R CONSTRUCTION SPE IFI A T ION�UIT NTS C�� ry^ I 1 Revised July 1,2011 r 0061 14-2 PAYMEMBOND Page 2 of I I WYTESS WHIEREOF,the Principal and Surety have each SIGNED and SCALED this instrLime t by duly authorized agents and officers on this the 26th day of 3 Decembler 20 13 P, p"RI Ct.PAU. S.J. Louis Construction of Texas, Ltd. SignAire V nl , General e (Pn*ncl*pal)Secretary J. � l Name d Title Address: 520 South Sixth Ave., P.O. x 834 a field rX,76063 �MM Witness as U�4frl&lpal Adam Lumf ord SURETY:, Liberty Mutual Fire Insurance Corp ATTEST: BY: Ou Xe 8i Lure ' wmwmwred'mrm"uwmamm�wemmmrvn�io wunw M��o��w «�,.,...P„.... p Bruce N. Tel1a der,Attorney-in-Fact e * � Witness Name and.Title w Addres�. i Plymouth Meson PA 19462-8284 Witness Telephone Number: 763-302-72,14 4 5 Note. If signed by an officer of the Surety, there must be on File a certified e ct from the 6 bylaws showing that this person, has authority to sib sue obligation. If Surety's physical 7' address is different nm its:mailing address, both must be provided. 8 r 9 The date of the bond shall not be p or to the date the Contract is awarded. 10 END OF SECTION I CITE"OF FORT WORTH Eastem Hills Drainage System Improvements STANDARD CONSTRUCTION Off"SPECIFICATION DOCUMENTS City Project No.01363 Reprised July 1,2011 0061 19-1 MAINTENANCE BOND Page I of 3 SECTION 00 6119 2 MAINTENANCE BOND Woad No.: 190030235 3 1y 4 T. STATE OF TEXAS KNOW ALL BY TH E PRESENTS; 6 COUNTYOFTARRANT 7 8 That we SJ. L a s Construction of Texas, Ltd., known as "Prm'cipal" herein. and " ib rt Mutual Fire Insurance Ccm an , a corporate surety (sureties, if more than 10 cue)duly authorized to do business ire the State of Texas,, known as "'Surety""herei n(whether one or inure), are held and firmly hound unto the City of Fort Werth, a municipal rporati n created 12 pursuant to the laws of the State of Texas, known as "City" herein., in the sum of Two Million, 13 Six Hundred Ninety Thousand, One Hundred Five Dollars and 2/10 0 ($2,690,105-72), 14 lawful money c th,e United States, to be paid is Fort Worth, Tarrant County, Texas, for payment 15 of which sum well and truly be made unto the City and its successors, we hind ourselves, our 16 heirs, executors, administrators, succe sors and assigns, jointly and, severally, firinl y. by these 17 preset, 18 9 WHEREAS, the Principal as entered into a certain written contract with the City awarded the 17th day of December, 2013, which Contract is hereby referred to and a made part hereof for 111; 21 all purposes as if fully set forth herein, to furnish all aatera a, equipment a her and other 22 accessories as defined by law, in the prosecution of the Work, including any Work resulting Emm 7 23 a duly authon*zed Change Order(collectively herein,the"Wets" as provided for "in said contract 2 and designated as E tie �1 s Linage System Improve eta, Phase 2-Sto Irvin 25 Rehabilitation and Improvements,City Project No.,01363,and 2 27 V S, Principal hinds itself"to use such materials and to so construct the Word in 1; r 2 accordance with. the plans, specifications and Contract Documents that the Work 's and will remain free from defects in materials or workmanship for and during the period of two 2 yeas 30 after the date of Final Acceptance of the Work by the City("Maintenance Period"');and 31 32 WHEREAS, Principal binds, itsel f tc repair or reconstruct the Work in whole or in part 33 upon receiving nctIce from the City of the reed therefor at any time within the Maintenance 34 perm. AWE l C'1TY OF FORT WORTH Eastern Hills Drainage e Stem Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project,No.01363 Revised July 1,2011 1 00,61 19-2 MAINTENANCE BOND 4,, Page 2 of 2 NOW THEREFORE, the condition of this obligation is such that if Pninclipal shall 3 remedy any defective Work, for which timely notice was provided by City, completion 4 satisfactory to then this obligation shall, become and void; offierwise to me al" '111 5 full force and effect. Ir_ 6 PROVTDED, HOWEVER, if Principal shall fail so to repair or reconstruct any timely 8 noticed defective Work, tis agreed that the City, nlay cause any and all each defective Work to 'th � ��t�d costs thereof e1� � � n be repaired and/'or reconstructed wi I cipal and 10, the Surety,under this Maintenance,bond;and SRO ED FURTHEK thatif any legal action be filed on t its Bond, venue shall 3 Tan-ant County,Texas or the United 'States District Court for the Northern ct of xas Fort Worth Division and MR 15 , t . �' t P shall be contmuous n nature and 17 successive relcovenes may be had n for successive breaches.. 2 I r11 1, 0), MIS CITY OF FORT WORTH Eastem Hil,ls Drainage Systein Im,provements, STANDARD CONSMUCTION SPECLFICATION DOCUNMNTS City Project No.911363, Revised July 1,2011 t 0061 19-3 MAINTENANCE BONS 'age 3 of I IN WITNESS WHEREOF,the PrMicipal and the Surety have each SIGNED and SEALED this 2 instrument by duly authorized agents and officers on this the ....26th day of December oN 20 13 4 5 PRINCIPAL, 6 SJ Louis Construction of Texas, Ltd.. 7 BY: 10 1 nature I t ATTEST, 12 13 Les V. Uf (kner 14 (Principals)Secretary Name and Title t 'fps J. VaLlakalil 16 Address: 520 South Sixth Ave., P.O. Box 834 17 Mansfield,, TX 76O�63 is 19 20 Witness as to nc al Adm Lunsf rd SURETY, Liberty Mutual Fire isuran c mp� 23 A 24 25 BY: 26 Signature 27 28 Bruce N.Te Ian d er', Aftorney-inFact 9 Ate' T Name and Title 3 w� as 3 1 Address: 45,,Q Psi muut R Suite 40:0 32 witnes Elymouth Meeting, PA 19462-8,284 �a 34 � t p Number: 763-302-` 214 PIP 35 Witness 36 37 *Note'. signed y officer of e Surer Gump y, tf ere must e u� file a c rte ed extract 38 from the by-laws showing that this Person has authority to sign such obligation. If 39 Surety's hysl*c .l address is different from Its malling address, both must be provided. 40 The date off"the bond shall not be prior~to the date the Contract is awarded. 4 P CITE'OF FORT WORTH Easter Mils Drainer Systems improvement STANDARD CONSTRUCT10114 SPECIFICATION DOCUMENTS City Prof"t No.01363 Revised July 1,2011. f1, / f LIMITED PARTNERSHIP ACKNOWLEDGMENT ell State of TEXAS ss. 9, County of On this 2 d day of 2014,before me personally appeared Les tmn to me known who being by nee dul,y sworn,that he/she is the —General er of the SA LOUIS CONSTRUCTION OF TEXAS LTD. the Lam ed Partnership described M and which executed the foregoing 'instrument,and that he/she signed his/her name thereto by order, he.Board of Governors of said Limited Partnership. Oki ELIZABETH ANN I gv 7. Notary a Notes bli ' mo t County,_Te as MY comrniesion ExPifes May 10, 2017 My commission expires-... IMIN PO. LIMITED PARTNERSHIP ACKNOWLEDGMENT State of TEXAS s . o, T ant On this day of 20��, �e ore nc� personally appeared V Viitman i to ��e known w�� being me duly � �,that h�� s the Mar@ger of the SA Louis Construction or Texas td. the Limited Partnership described in nd which executed the foregoing instrument, and that he/she signed his/her name thereto by order of th Board oEGovernors of said.Limited Partnership. Notary Public T=ant County,, Te My ommis� soon expires Lb 2017 ACKNOWLEDGMENT OF CORPORATE SURETY State of MINNESOTA ss. County of HE SPIN On this 26"', days of December 2013,before me appeared Bruce N.Telander to me personally known, who being by tie duly on, did say that s he is the Attorney-in-Fact ofLIBERTY 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 executed in behalf of said corporation authority o its Board'of Directors;and that said Bruce N. "rela der ,acknowledged said instrument to be the fi-ee act and deed of said corporation. m Notary Public-lic Ramsey County, MN A l.y�commission expires... �..... 01/31/15 w, w ro m NOTAHY Puffl,IC.C dNN SOT F,XPIH1_,S JAN 31,2015 THIS POWER OF ATTORNEY IS NOT VALID UNLESS I'T'IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Colmlplany except in the manner and to the extent herein stated. 6171013 LIBERTY MUTUAL,FIRE INSURANCE COMPANY mov WAUSAU,,WISCONSIN POWER OFATTORNEY KNOW ALL PERSONS BY THESE PRESENTS K" That Uberty Mutual Fire Insurance Company(the"Company"),a Wisconsin stock insurance company,through its Assistant Secretary,pursuant to and by authority of the Board'of Directors hereinafter set forth,does,hereby name,constitute and appoint BRIAN J.OESTREI�CH;BRUCE N.TELAN,D�ER. JOHN E.TAUER- CHRISTINE,M.HANSEN;CRAIG REMICK;Dl.R,DOUGHERTY;,DONALD R.OLSON;JACK CED,ARLEAF 111;JEROME T.OUIMET, LINDA K.FRENCH-MELINDA C.BLODGETT;NICOLE NELSON;PAMELA T.CURRAN.R.W.FRANK-' JOSHUA R LOFTI'S,l KURT C.LUNiDBlLAD RACHEL TAOMAS;19ANDRA M.DOZE,ALL OF THE CITY OF MINNEAPOLIS,STATE OF MINNESOTA.................. .............. each individually if there be more than one named,its true and lawful afforney-in-fact to make,execute,seal,acknowledge and deliver,forand on its b�ehalfa,s surely and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations and the execution of such undertakings,bonds, recognizances and other surety obligations,in pursuance of these presents,shall be as binding,upon the Company as ifthey had been,duly signed by#*president and 51,,15, aftested by the secretary of the Company In their own proper persons. That this power is made and executed pursuant to and by authority of the following Unanimous Consent and Vote of the Board of Directors dated June 2,81,2006, wherein among other things,it was: 'VOTED that the Secretary and each,Assistant Secretary be, and each of them is, authorized to execute powers of attorney qualifying the attorney named' in 'the given power of attorney to execute on behalf of the Company surety undertakings, bonds, recognizances and other surety oibilig,ations;and that the Secretary and each Assistant Secretary be,and each or any ofthern hereby is,authorized to attest to the execution (a "N 11 of any such plower of attorney,and to affix thereto the corporate sea:l of the Company. C That the:Resolution set forth ablovel is atrue copy thereof and'is now in full'force and effect. C EF IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and 'the corporate seal of o Liberty Mutual Firel Insurance Company has been affixed thereto in Plymouth Meeting,Pennsylvania this 1'7t h _d a y of -Jane 2013 0 LIBERTY MUTUAL FIRE INSuRA`NCE COWPA NY mow E 0 > 0 CL B .10 All David M.Carey,Aseistant Secretary '11114"a 1 11-1-" IN slow o4t COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF MONTGOMERY C mow (a E On this 17th day of June 2013 ML- to and CL �45' 0 - — , before me, a Notary Publ'ic, personally came Dgyid "known, sba, acknowtedged that he is, an Assistant Secretary of Liberty Mutual, Fire Insurance Company- that he knows the seal of said corporatlon* and that he 0 cD N-I executed the above Power of Attorney and affixed the corporate seal of Liberty Mutual Fire Insurance Company thereto with the authority and at the 4" 0,01 direction of said corporation. 4-0 01 low 0 Cl W a4elo� to subscribed my name and affixed my noltaria,l seal, at Plymouth, Meeting,, Pennsylvania, on the day and year IN TESTIMONY WHERE r r 1h, RPM* first above,written. NOW man IN IN, .......... AN: Q > 440 a `IW,m� B1 y 00, 101 F 11 If," , It A � 11��,I I'll,,"�" C,qqt Torega Pastella,Notary Public C4 00 CERTIFICATE �00 .�el 0 5 1,the undersigned,an Ass of Liberty Mutual Fire Insurance Company,do h�ereby certify that,the original power of attorney of which the C ( 1 00 foregoing i's a full, 'true and corre py, is in full force and effect on the date of this certificate; and I do further certify that the officer or official who ov- 4, W1 rneys-in-fa executed the said power of attorney was one of the officers or officials specially authorized by the Board of Directors to appoint atto ct as 0 provided in,the Unanimous Consent a,nd Vote of the Board of Directors of Liberty Mutual Fire Insurance Company dated June 28,20,06. IN- 'hli's certificate!and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority ofthe Board I of Directors of Liberty Mutual'Fire Insurance Company evidenced by the Unanimous Consent and'Vote of the Board of Directors dated'June 281,2006 wherein it was VOTED that the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or to any certificate rehating thereto by facsimile,and any such power of'attomey or certificate bearing such facsimile,signature and facsimile seal shall be valid and bindmg upon, the Company when so affixed and in the future with respect to any surety undertakings,, bonds,, recognizances and other surety obligations to which it is attached. IN TESTIMONY WHEREOF, I have hereunto subscribed my nainie-,and affixed the corporate seal of the said company, this 26t1h day of December 20,13 44, Gregory W!"bavenport,Assistant Secretary -A� P010