Loading...
HomeMy WebLinkAboutContract 45508 MY SECRETARY WMCT W. FORT WORTH SECRE"FAR"y 1"" D,,O,E, PLE ) NG O PROJECT MANUAU-TRAC10rz'1" BONDI C . FOR THE CONSTRUCT16R&RUCT101 ' ,IS CO�y WATER AND SANITARY SEW ER.REPVN"Mf-1qf CONTRACT 2009, WSM-I City Project No. 01472 Water and Sanitary Sewer Replacements For Azteca Drive—Charlott St.to Danciger Dr. Brentwood Drive—Oak Hill Rd.To Canterbury Cir. Cienegas Circle—Oak Hill Rd.to N. Dead End Jill Lane—Charlott St.to Brentwood Stair Rd. Kentwood Place—Oak Hill Rd. to Canterbury Cir. Ravenswood Drive—Cienegas Cir. to Oak Hill Rd. Warrington Court—Charlott St.to N. Cul-de-Sac: Vinewood Street—Blueridge Dr.to Weiler Blvd. Brentwood Stair Road—Weiler Blvd.to Jill Ln. Canterbury Circle—Brentwood DL to Kentwood Pl. Water Project No.P253-604170147283 Sewer Project No.P258-704170147283 Betsy Price Tom Higgins Mayor City Manager S. Frank Crumb, P.E. Director, Water Department Prepared for The City of Fort Worth Water Department OF 2013 ................. OFFICIAL,RECORD r R.MANOHAlt G.FMIPELLY CRY SECRETARY 110213 F.WORTH9 TX UM 0 7 TEXAS FIRM REG. NO.3162 1300 Summit Avenue, Suite 600 Fort Worth, Texas 76102 RECEIVED APR 18 2014 (817) 390-1000 M&C Review Page 1 of 3 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FORTIVORT111 COUNCIL ACTION: Approved on 1/7/2014-Ordinance Nos. 21089-01-2014 &21090-01-2014 DATE: 1/7/2014 REFERENCE NO.: C-26626 LOG NAME: 6009WSM1- CONATSER CODE: C TYPE: NON-CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Execution of a Contract with Conatser Construction TX, L.P., in the amount of $2,031,545.00 for Water and Sanitary Sewer Replacement Contract 2009, WSM-1 on Azteca Drive, Brentwood Drive, Cienegas Circle, Jill Lane, Kentwood Place, Ravenswood Drive, Warrington Court, Vinewood Street and Brentwood Stair Road, Provide for Project Costs and Contingencies for a Project Total in the Amount of$2,148,492.00 and Adopt Appropriation Ordinances (COUNCIL DISTRICT 4) RECOMMENDATION: It is recommended that the City Council: 1. Authorize the transfer of$2,148,492.00 from the Water and Sewer Operating Fund in the amount of i $949,620.00 to the Water Capital Projects fund and in the amount of$1,198,872.00 to the Sewer Capital Projects Fund; 2. Adopt the attached appropriation ordinances increasing the estimated receipts and appropriations in the Water Capital Projects Fund in the amount of$949,620.00 and the Sewer Capital Projects Fund in the amount of$1,198,872.00 from available funds; and 3. Authorize the City Manager to execute a contract with Conatser Construction TX, L.P., in the amount of $2,031,545.00 for Water And Sanitary Sewer Replacement Contract 2009, WSM-I. DISCUSSION: On April 19, 2011, (M&C C-24875)the City Council authorized an Engineering Agreement with URS Corporation, to prepare plans and specifications for Water and Sanitary Sewer Replacement Contract 2009, WSM-I. This Mayor and Council Communication is to authorize a construction contract for the replacement of the deteriorated water and/or sanitary sewer mains as indicated on the following streets: Street From To Sco a of Work Azteca Drive Charlott Street Dancin er Drive Water/Sewer Brentwood Drive Oak Hill Road Canterbury Circle Water/Sewer Ciene as Circle Oak Hill Road Park Oak Circle Water/Sewer Jill Lane Charlott Street Brentwood Stair Road Water/Sewer Kentwood Place Oak Hill Road Canterbury Circle Water/Sewer Ravenswood Drive Ciene as Circle Canterbury Circle Water/Sewer Warrington Court Charlott Street Northerly 400 feet Water/Sewer then Westerly 850 feet Vinewood Street Bluerid a Drive Weiler Boulevard Water/Sewer http://apps.cfwnet.org/council_packet/mc review.asp?ID=19194&councildate=1/7/2014 1/10/2014 M&C Review Page 2 of 3 Canterbury Circle Brentwood Drive Kentwood Place Sewer Brentwood Stair Road Weiler Boulevard Jill Lane Water The project was advertised for bid on July 11, 2013 and July 18, 2013 in the Fort Worth Star- Telegram. On August 8, 2013, the following bids were received: BIDDER AMOUNT TIME OF COMPLETION Conatser Construction TX, L.P. $2,031.545.00 250 Calendar Days Ark Contracting Services $2,296,452.00 M. E. Burns Construction, Inc. $2,339,647.25 Jackson Construction, Ltd $2,356,275.00 Atkins Brothers Equipment Co., Inc. $2,466,415.00 In addition to the contract cost, $56,000.00 (Water: $25,500.00; Sewer: $30,500.00) is required for construction staking, inspection and material testing and $60,947.00 (Water: $26,916.00; Sewer: $34,031.00) is provided for project contingencies. M/WBE Office-Conatser Construction TX, L.P., is in compliance with the City's BDE Ordinance by committing to 12 percent MBE participation on this project. The City's MBE goal on this project is 12 percent. The project is located in COUNCIL DISTRICT 4, Mapsco 65Y, 65Z and 79C. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that upon approval of the above recommendations, and adoption of the attached appropriation ordinances, funds will be available in the current capital budgets, as appropriated, of the Water Capital Projects Fund and the Sewer Capital Projects Fund. TO Fund/Account/Centers FROM Fund/Account/Centers 1&2) $949.620.00 1) PE45 538040 0609020 $949.620.00 P253 476045 6041701472ZZ 1&2) 1) PE45 538040 0709020 $1,198.872.00 P258 476045 7041701472ZZ $1.198.872.00 2 P253 541200 604170147283 $897.204.00 P253 531350 604170147252 $4,000.00 P258 541200 704170147283 $1.134.341.00 2 000.00 P253 531350 604170147284 2) $10.000.00 P253 531350 604170147285 3 P253 531200 604170147284 500.00 P253 511010 604170147292 1 000.00 22 $1,000.00 P253 531350 604170147294 1 P253 511010 604170147293 000.00 2) $924.120.00 P253 541200 604170147283 3 P253 511010 604170147280 000.00 P258 531350 704170147252 4 500.00 P258 .531350 704170147284 2 000.00 P258 531350 704170147285 12 000.00 http://apps.cfvvnet.org/council_packet/me review.asp?ID=19194&councildate=1/7/2014 1/10/2014 M&C Review Page 3 of 3 4 P258 541200 704170147284 000.00 P258 511010 704170147292 1 500.00 P258 531350 704170147294 $1,500.00 1 P258 511010 704170147293 500.00 P258 541200 704170147283 $1,168,372.00 2) $3,500.00 P258 511010 704170147280 Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: S. Frank Crumb (8207) Additional Information Contact: Rakesh Chaubey (6051) ATTACHMENTS 6009WSMI-CONATSER MAP 01.pdf 6009WSMI-CONATSER MAP 02.pdf 6009WSMI-CONATSER P253 AO.docx 6009WSMI-CONATSER P258 AO REVISED.docx http://apps.cfwnet.org/council_packet/mc—review.asp?ID=l 9194&councildate--in/2014 1/10/2014 005243-1 Agreement Page 1 of 4 1 SECTION 00 52 43 2 AGREEMENT 3 THIS AGREEMENT, authorized on 7 January,2014 is made by and between the City of Fort 4 Worth, a Texas home rule municipality, acting by and through its duly authorized City Manager, 5 ("City"), and CONATSER CONSTRUCTION TX LP. authorized to do business in Texas, 6 acting by and through its duly authorized representative,("Contractor"). 7 City and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as 8 follows: 9 Article 1.WORK 10 Contractor shall complete all Work as specified or indicated in the Contract Documents for the 11 Project identified herein. 12 Article 2.PROJECT 13 The project for which the Work under the Contract Documents may be the whole or only a part is - 14 generally described as follows: 15 Water&Sanitary Sewer Replacement Contract 2009 WSM-I 16 City Project No. 1472 17 Article 3. CONTRACT TIME 18 3.1 Time is of the essence. 19 All time limits for Milestones, if any, and Final Acceptance as stated in the Contract 20 Documents are of the essence to this Contract. 21 3.2 Final Acceptance. 22 The Work will be complete for Final Acceptance within 250 Calendar days after the date 23 when the Contract Time commences to run as provided in Paragraph 2.03 of the General 24 Conditions. 25 3.3 Liquidated damages 26 Contractor recognizes that time is of the essence of this Agreement and that City will 27 suffer financial loss if the Work is not completed within the times specified in Paragraph 28 3.2 above, plus any extension thereof allowed in accordance with Article 12 of the 29 General Conditions. The Contractor also recognizes the delays, expense and difficulties 30 involved in proving in a legal proceeding the actual loss suffered by the City if the Work 31 is not completed on time. Accordingly, instead of requiring any such proof, Contractor 32 agrees that as liquidated damages for delay (but not as a penalty), Contractor shall pay 33 City One Thousand Dollars ($1,000.00) for each day that expires after the time 34 specified in Paragraph 3.2 for Final Acceptance until the City issues the Final Letter of 35 Acceptance. CITY OF FORT WORTH Water and Sanitary Sewer Replacement Contract 2009 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS WSM-I 1,, Revised June 4,2012 City Project No.01472 005243-2 Agreement Page 2 of 4 36 Article 4.CONTRACT PRICE 37 City agrees to pay Contractor for performance of the Work in accordance with the Contract 38 Documents an amount in current funds of TWO MILLION THIRTY ONE THOUSAND 39 FIVE HUNDRED FORTY FIVE DOLLARS AND NO CENTS ($2,031,545.00)1. 40 Article 5.CONTRACT DOCUMENTS 41 5.1 CONTENTS: 42 A.The Contract Documents which comprise the entire agreement between City and 43 Contractor concerning the Work consist of the following: 44 1. This Agreement. 45 2. Attachments to this Agreement: 46 a. Bid Form 47 1) Proposal Form 48 2) Vendor Compliance to State Law Non-Resident Bidder 49 3) Prequalification Statement 50 4) State and Federal documents(project specific) 51 b. Current Prevailing Wage Rate Table 52 c. Insurance ACORD Form(s) 53 d. Payment Bond 54 e. Performance Bond 55 f. Maintenance Bond 56 g. Power of Attorney for the Bonds 57 h. Worker's Compensation Affidavit 58 i. MWBE Commitment Form 59 3. General Conditions. 60 4. Supplementary Conditions. 61 5. Specifications specifically made a part of the Contract Documents by attachment 62 or, if not attached, as incorporated by reference and described in the Table of 63 Contents of the Project's Contract Documents. 64 6. Drawings. 65 7. Addenda. 66 8. Documentation submitted by Contractor prior to Notice of Award. 67 9. The following which may be delivered or issued after the Effective Date of the 68 Agreement and, if issued,become an incorporated part of the Contract Documents: 69 a. Notice to Proceed. 70 b. Field Orders. 71 c. Change Orders. 72 d. Letter of Final Acceptance. 73 74 CITY OF FORT WORTH Water and Sanitary Sewer Replacement Contract 2009 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS WSM-I Revised June 4,2012 City Project No.01472 005243-3 Agreement Page 3 of 4 75 Article 6.INDEIVINCFICATION 76 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own 77 expense, the city, its officers, servants and employees, from and against any and all 78 claims arising out of, or alleged to arise out of,the work and services to be performed 79 by the contractor, its officers, agents, employees, subcontractors, licenses or invitees 80 under this contract. This indemnification provision is specifically intended to operate 81 and be effective even if it is alleged or proven that all or some of the damages being 82 sought were caused,in whole or in part, by any act, omission or negligence of the city. 83 This indemnity provision is intended to include, without limitation, indemnity for 84 costs,expenses and legal fees incurred by the city in defending against such claims and 85 causes of actions. 86 87 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, 88 the city,its officers,servants and employees,from and against any and all loss,damage 89 or destruction of property of the city,arising out of,or alleged to arise out of,the work 90 and services to be performed by the contractor, its officers, agents, employees, 91 subcontractors, licensees or invitees under this contract. This indemnification 92 provision is specifically intended to operate and be effective even if it is alleged or 93 proven that all or some of the damages being sought were caused,in whole or in part 94 by any act,omission or negligence of the city. 95 96 Article 7.MISCELLANEOUS 97 7.1 Terms. 98 Terms used in this Agreement which are defined in Article 1 of the General Conditions will 99 have the meanings indicated in the General Conditions. 100 7.2 Assignment of Contract. 101 This Agreement, including all of the Contract Documents may not be assigned by the 102 Contractor without the advanced express written consent of the City. 103 7.3 Successors and Assigns. 104 City and Contractor each binds itself, its partners, successors, assigns and legal 105 representatives to the other party hereto, in respect to all covenants, agreements and 106 obligations contained in the Contract Documents. 107 7.4 Severability. 108 Any provision or part of the Contract Documents held to be unconstitutional, void or 109 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all 110 remaining provisions shall continue to be valid and binding upon CITY and �w 111 CONTRACTOR. 112 7.5 Governing Law and Venue. 113 This Agreement, including all of the Contract Documents is performable in the State of 114 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the 115 Northern District of Texas,Fort Worth Division. CITY OF FORT WORTH Water and Sanitary Sewer Replacement Contract 2009 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS WSM-I Revised June 4,2012 City Project No.01472 005243-4 Agreement Page 4 of 4 116 7.6 Other Provisions. 117 The Contractor agrees to pay at least minimum wage per hour for all labor as the same is NmFl 118 classified, promulgated and set out by the City, a copy of which is attached hereto and 119 made a part hereof the same as if it were copied verbatim herein. 120 7.7 Authority to Sign. 121 Contractor shall attach evidence of authority to sign Agreement, if other than duly 122 authorized signatory of the Contractor. 123 124 IN WITNESS WHEREOF, City and Contractor have executed this Agreement in multiple 125 counterparts. 126 127 This Agreement is effective as of the last date signed by the Parties 128 Contractor: City of Fort Worth u� onatser Construction TX,LP. """ " .. y: Fernando Costa Si By � afore Assistant City Manager ( ) Jerry Conatser,President of Date r onatser Management Group,Inc,G.P. ; Attest: (Printed Name) J.Kayser, ° Secretary (Seal) Title: 000000 ��'° Address: �°$ 0-q P.O.Box 15448 M&C `b $ Fort Worth,TX 76119 Date: % 0 "0000 X40° City/State/Zip: Approved as to Form and Legality: f A� Date , 129 Assistant City Attorney -.� 130 131 APPROVAL RECOMlV1ENDED: 132 ..�, 133 134 [OFFICIAL v � , 135 C(T V , Frank Crumb 136 X 137 DIRECTOR, Water Department 138 CITY OF FORT WORTH Water and Sanitary Sewer Replacement Contract 2009 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS WSM-I u�,, Revised June 4,2012 City Project No.01472 0061 l4-I PAYMENT BOND Page I of 2 SECTION 00 61 14 Bond No. 0174436 1 - 2 PAYMENT BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we, Conatser Construction TX, L.P., known as "Principal" herein, and 8 Berkley Insurance Company a corporate surety 9 (sureties), duly authorized to do business in the258- State of Texas, known as "Surety" herein 10 (whether one or more), are held and firmly bound unto the City of Fort Worth, a municipal 11 corporation created pursuant to the laws of the State of Texas, known as "City" herein, in the 12 penal sum of Two Million, Thirty One Thousand, Five Hundred Forty Five Dollars and No 13 Cents ($2,031,545.00) lawful money of the United States, to be paid in Fort Worth, Tarrant 14 County, Texas, for the payment of which sum well and truly be made, we bind ourselves, our 15 heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these 16 presents: 17 WHEREAS,Principal has entered into a certain written Contract with City, awarded the 7 day of 18 January,2014, which Contract is hereby referred to and made a part hereof for all purposes as if 19 fully set forth herein,to furnish all materials, equipment, labor and other accessories as defined 20 by law, in the prosecution of the Work as provided for in said Contract and designated as Water 21 & Sanitary Sewer Replacement Contract 2009, WSM-I City Proiect Number 01472. 22 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if 23 Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in 24 Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under 25 the Contract, then this obligation shall be and become null and void; otherwise to remain in full 26 force and effect. 27 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 28 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 29 accordance with the provisions of said statute. 30 CITY OF FORT WORTH Water and Sanitary Sewer Replacement Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 2009,WSM-I Revised July 1,2011 City Project No.01472 006114-2 PAYMENT BOND Page 2 of 2 IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED 2 this instrument by duly authorized agents and officers on this the 7 day of January,2014 3 PRINCIPAL: CONATSER CONSTRUCTION TX, L.P. 10p, ATTEST: BY: '"§igrfature , JERRY CONATSER,PRESIDENT (Principal) Secretary Name and Title Address: P.O.BOX 15448 FORT WORTH,TX 76119 Witness as to Principal SURETY: Berkley Insurance Company ATTEST: BY: Signature i� Robbi Morales, Attorney—in—fact (Surety) Seereary Name and Title Address:2711 N. Haskell Ave. , Suite 800 Dallas, TX 75204 Witness as to S ety� Telephone Number: 214/989-0000_ 4 5 Note: If signed by an officer of the Surety, there must be on file a certified extract from the 6 bylaws showing that this person has authority to sign such obligation. If Surety's physical 7 address is different from its mailing address,both must be provided. 8 9 The date of the bond shall not be prior to the date the Contract is awarded. 10 END OF SECTION CITY OF FORT WORTH Water and Sanitary Sewer Replacement Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 2009,WSM-I Revised July 1,2011 City Project No.01472 006113-1 PERFORMANCE BOND Page] of 3 Bond No. 0174436 1 SECTION 00 6113 2 PERFORMANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we, Conatser Construction TX,L.P., known as"Principal"herein and Berkley Insurance 8 Company , a corporate surety(sureties, if more than one) duly authorized to do business in 9 the State of Texas, known as"Surety"herein(whether one or more), are held and firmly bound 10 unto the City of Fort Worth, a municipal corporation created pursuant to the laws of Texas, 11 known as"City"herein,in the penal sum of, Two Million,Thirty One Thousand,Five 12 Hundred Forty Five Dollars and No Cents($2,031,545.00) lawful money of the United States, 13 to be paid in Fort Worth,Tarrant County,Texas for the payment of which sum well and truly to 14 be made, we bind ourselves, our heirs, executors, administrators, successors and assigns,jointly 15 and severally, firmly by these presents. 16 WHEREAS,the Principal has entered into a certain written contract with the City 17 awarded the 7 day of January,2014,which Contract is hereby referred to and made a part hereof 18 for all purposes as if fully set forth herein,to furnish all materials, equipment labor and other 19 accessories defined by law, in the prosecution of the Work, including any Change Orders,as 20 provided for in said Contract designated as Water&Sanitary Sewer Replacement Contract 21 2009, WSM-I, City Proiect Number 1472. 22 NOW,THEREFORE,the condition of this obligation is such that if the said Principal 23 shall faithfully perform it obligations under the Contract and shall in all respects duly and 24 faithfully perform the Work, including Change Orders,under the Contract, according to the plans, 25 specifications, and contract documents therein referred to, and as well during any period of 26 extension of the Contract that may be granted on the part of the City,then this obligation shall be 27 and become null and void, otherwise to remain in full force and effect. 28 PROVIDED FURTHER,that if any legal action be filed on this Bond,venue shall lie in 29 Tarrant County,Texas or the United States District Court for the Northern District of Texas,Fort 30 Worth Division. CITY OF FORT WORTH Water and Sanitary Sewer Replacement Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 2009 WSM-I Revised July 1,2011 City Project No.01472 0061 13-2 PERFORMANCE BOND Page 2 of 3 I This bond is made and executed in compliance with the provisions of Chapter 2253 of the 2 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 3 accordance with the provisions of said statue. 4 IN WITNESS WHEREOF,the Principal and the Surety have SIGNED and SEALED 5 this instrument by duly authorized agents and officers on this the 7 day of January,2014. 6 PRINCIPAL: 7 CONATSER CONSTRUCTION TX,L.P. 8 9 10 BY: 11 Signature 12 ATTEST: 13 14 JERRY CONATSER,PRESIDENT 15 (Principal) Secretary Name and Title 16 17 Address: P.O.BOX 15448 18 FORT WORTH,TX 76119 19 20 21 Witness as to Principal 22 SURETY: 23 Berkley Insurance Company 24 25 26 BY: 27 Signature 28 29 Robbi Morales, Attorney—in—fact 30 Name and Title 31 32 Address:2711 N. Haskell Ave. , Suite 800 33 Dallas, TX 75204 34 35 36 Witness as to S ety Telephone Number: 214/989-0000 37 38 39 CITY OF FORT WORTH Water and Sanitary Sewer Replacement Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 2009 WSM-1 Revised July 1,2011 City Project No.01472 0061 13-3 PERFORMANCE BOND Page 3 of 3 1 2 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract 3 from the by-laws showing that this person has authority to sign such obligation. If 4 Surety's physical address is different from its mailing address, both must be provided. 5 The date of the bond shall not be prior to the date the Contract is awarded. 6 CITY OF FORT WORTH Water and Sanitary Sewer Replacement Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 2009 WSM-I Revised July 1,2011 City Project No.01472 0061 19-1 MAINTENANCE BOND Page 1 of 3 1 SECTION 00 6119 Bond No. 0174436 2 MAINTENANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we, Conatser Construction TX L.P.,known as"Principal"herein and Berkley Insurance 8 Company , a corporate surety(sureties,if more than one) duly authorized to do 9 business in the State of Texas,known as"Surety"herein(whether one or more), are held and 10 firmly bound unto the City of Fort Worth, a municipal corporation created pursuant to the laws of 11 the State of Texas, known as "City"herein, in the sum of Two Million,Thirty One Thousand, 12 Five Hundred Forty Five Dollars and No Cents ($2,031,545.00) s lawful money of the United 13 States,to be paid in Fort Worth,Tarrant County,Texas, for payment of which sum well and truly 14 be made unto the City and its successors,we bind ourselves, our heirs, executors,administrators, 15 successors and assigns,jointly and severally, firmly by these presents. 16 17 WHEREAS,the Principal has entered into a certain written contract with the City awarded the 7 18 day of January 2014,which Contract is hereby referred to and a made part hereof for all 19 purposes as if fully set forth herein,to furnish all materials,equipment labor and other accessories 20 as defined by law,in the prosecution of the Work, including any Work resulting from a duly 21 authorized Change Order(collectively herein,the"Work")as provided for in said contract and 22 designated as Water& Sanitary Sewer Replacement Contract 2009, WSM-I, City Proiect 23 Number 1472 24 ; and 25 26 WHEREAS,Principal binds itself to use such materials and to so construct the Work in 27 accordance with the plans, specifications and Contract Documents that the Work is and will 28 remain free from defects in materials or workmanship for and during the period of two(2)years 29 after the date of Final Acceptance of the Work by the City("Maintenance Period"); and 30 31 WHEREAS,Principal binds itself to repair or reconstruct the Work in whole or in part 32 upon receiving notice from the City of the need therefor at any time within the Maintenance 33 Period. 34 CITY OF FORT WORTH Water and Sanitary Sewer Replacement Contact STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 2009,WSM-I Revised July 1,2011 City Project No.01472 0061 19-2 MAINTENANCE BOND Page 2 of 3 1 NOW THEREFORE,the condition of this obligation is such that if Principal shall 2 remedy any defective Work, for which timely notice was provided by City,to a completion 3 satisfactory to the City,then this obligation shall become null and void; otherwise to remain in 4 full force and effect. ti 5 6 PROVIDED,HOWEVER, if Principal shall fail so to repair or reconstruct any timely 7 noticed defective Work, it is agreed that the City may cause any and all such defective Work to 8 be repaired and/or reconstructed with all associated costs thereof being borne by the Principal and 9 the Surety under this Maintenance bond; and 10 11 PROVIDED FURTHER,that if any legal action be filed on this Bond,venue shall lie in 12 Tarrant County,Texas or the United States District Court for the Northern District of Texas,Fort 13 Worth Division; and 14 15 PROVIDED FURTHER,that this obligation shall be continuous in nature and 16 successive recoveries may be had hereon for successive breaches. 17 18 19 CITY OF FORT WORTH Water and Sanitary Sewer Replacement Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 2009,WSM-I Revised July 1,2011 City Project No.01472 0061 19-3 MAINTENANCE BOND Page 3 of 3 IN WITNESS WHEREOF,the Principal and the Surety have each SIGNED and SEALED this 2 instrument by duly authorized agents and officers on this the 7 day of January, 2014. 3 4 PRINCIPAL: 5 CONATSER CONSTRUCTION TX,L.P. 6 7 8 BY: e 9 Slinature 10 ATTEST: 11 12 JERRY CONATSER,PRESIDENT 13 (Principal)Secretary Name and Title 14 15 Address: P.O.BOX 15448 16 FORT WORTH,TX 76119 7 1 18 l!) Witness as to Principal 20 SURETY: 21 Berkley Insurance Company 22 23 24 BY:,_2 25 Signature 26 27 Robbi Morales, Attorney—in—fact 28 ATTEST: Name and Title 29 30 /O Address: 2711 N. Haskell Ave. Suite 800 31 urety) Secrefafy Dallas, TX 75204 32 33 1AA1'X,�khrYVrv1i_' 34 Witness as to��ety Telephone Number: 214/989-0000 35 36 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract 37 from the by-laws showing that this person has authority to sign such obligation. If 38 Surety's physical address is different from its mailing address, both must be provided. 39 The date of the bond shall not be prior to the date the Contract is awarded. 40 CITY OF FORT WORTH Water and Sanitary Sewer Replacement Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 2009,WSM-1 Revised July 1,2011 City Project No.01472 No. BI-7280a POWER OF ATTORNEY BERKLEY INSURANCE COMPANY WILMINGTON, DELAWARE NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof. Please review'carefully. KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Delaware,having its principal office in Greenwich, CT,has made, constituted and appointed, and does by these presents make, constitute and appoint: Ricardo J. Reyna,Don E. Cornell, Robbi Morales, Lisa M. Bonnot or Vena DeLene Marshall of Aon Risk Services Southwest,Inc. of Dallas, TX its true and lawful Attorney-in-Fact,to sign its name as surety only as delineated below and to execute,sea],acknowledge and deliver any and all bonds and undertakings, with the exception of Financial Guaranty Insurance, providing that no single obligation shall exceed Fifty Million and 00/100 U.S. Dollars(U.S.$50,000,000.00),to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons. " This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware, without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January 2-5,2010: RESOLVED, that, with respect to the Surety business written by Berkley Surety Group, the Chairman of the Board, Chief Executive Officer, President or any Vice President of the Company, in conjunction with the Secretary or any Assistant Secretary are hereby authorized to execute powers of attorney authorizing and qualifying the attorney-in-fact named therein to execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the corporate seal of the Company to powers of attorney executed pursuant hereto; and said officers may remove any such attorney-in-fact and revoke any power of attorney previously granted; and further RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances, or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the manner and to the extent therein stated; and further RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney-in-fact named; and further RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have ceased to be such at the time when such instruments shall be issued. IN WITNESS WHEREOF, the Com any has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this day of�i � ,2014. u Attest: Berkley Insurance Company (Seal) By i By Ira S.Lederman USTPUresi after Senior Vice President&Secretary den t WARNING: THIS POWER INVALID IF NOT PRINTED ON BLUE`BERKLEY" SECURITY PAPER. STATE OF CONNECTICUT) ss: COUNTY OF FAIRFIELD ) Sworn to before me, a Notary Public in the State of Connecticut, this day o4lWoo , 2014, by Ira S. Lederman and Jeffrey M.Hafter who are sworn tome to be the Senior Vice President and Secretary, and the Se ' r Vice resident,,respectively, of Berkley Insurance Company. KATHLEEN COREY NOTARYPU13UG Notary Public, State of r� � oNNECTICUT I5 EXPIRES OCTOBER 31,2017 CERTIFICATE I,the undersigned, Assistant Secretary of BERKLEY INSURANCE COMPANY, DO HEREBY CERTIFY that the foregoing is a true, correct and complete copy of the original Power of Attorney; that said Power of Attorney has not been revoked or rescinded and that the authority of the Attorney-in-Fact set forth therein, who executed the bond or undertaking to which this Power of Attorney is attached, is in full force and effect as of this date. Given under my hand and seal of the Company,this 7th day of January ,14 2014 (Seal) Andre-`y_ .Tu Inquiry and Notification Rider Berkley Surety Group, LLC is the affiliated underwriting manager for all of the surety business of the following affiliated companies: Acadia Insurance Company, Berkley Regional Insurance Company, Carolina Casualty Insurance Company, Union Standard Insurance Company, Union Insurance Company and Continental Western Group Insurance Company. To verify the authenticity of this bond please call: (973) 775-5021 or Telefax (973) 775-5024 Any written notices, inquiries, claims or demands to the surety on the bond to which this Rider is attached should be directed to: Berkley Surety Group, LLC 412 Mt. Kemble Ave. Suite 31ON Morristown, NJ 07960 Attention: Surety Claims Department Or Telefax: (866) 408-2421 Please include with all notices the bond number and the name of the principal on the bond. Where a claim is being asserted please set forth generally the basis of the claim. In the case of a payment or performance bond please identify the project to which the bond pertains. , BERKLEY SURETY GROUP ACO® DATE(MM/DD/YYYY) ll`.� CERTIFICATE OF LIABILITY INSURANCE 2/18/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Tl:e' Sweeney Company PHONE (817)457-6700 F'O'X (817)457-7246 A/C No E. Loop 820 South A DRIESS: i `30X 8720 INSURERS AFFORDING COVERAGE NAIC# Worth TX 76124-0720 INSURER Bituminous Fire & Marine 20109 INSURED INSURERB:Bituminous Casualty Corp 20095 Conatser Construction TX, LP INSURERC: P.O.BoX 15448 INSURER D: INSURER E: Fort Worth TX 76119 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE AD L POLICY NUMBER MM/DDY/YEYW MM/DDY� LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTE X COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $ - 100,000 A CLAIMS-MADE FX—] OCCUR CLP 3 589 803 8/1/2013 8/1/2014 MED EXP(Any one person) $ 5,000 X CONTRACTUAL, XCU PERSONAL&ADV INJURY $ 1,000,000 INDEP CONT BFPD r GENERAL AGGREGATE $ 2,000,000 h'^'•{=N'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 �. �.c PRO POLICY X - LOC $ 4UTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident 1,000,000 A ' X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED P 3 589 805 8/1/2013 8/1/2014 BODILY $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE HIRED AUTOS AUTOS Per accident) $ PIP-Basic $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 B EXCESS LIAB CLAIMS-MADE AGGREGATE $ 5,000,000 DIED I X I RETENTION$ 10,00C CUP 2 802 869 8/1/2013 8/1/2014 $ B WORKERS COMPENSATION X WC STATU- I OTH- AND EMPLOYERS'LIABILITY Y/N — ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 OFFICERNEMBER EXCLUDED? N/A (Mandatory in NH) C 3 589 804 8/1/2013 8/1/2014 E.L.DISEASE-EA EMPLOYE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 C2': 5 ?TION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) t' .CONSTRUCTION OF WATER AND SANITARY SEWER REPLACEMENT CONTRACT 2009 WSM-I. CITY PROJECT NO. 01472, t 'ri PROJECT NO. P253-604170147283, SEWER PROJECT NO. P258-704170147283. ALL POLICIES INCLUDE A BLANKET _SMATIC WAIVER OF SUBROGATION ENDORSEMENT & THE GL, AUTO & UMB POLICIES INCLUDE A BLANKET AUTOMATIC IAS.;DL� INSD ENDORSEMENT PROVIDING ADDL INSD & WAIVER OF SUBROGATION STATUS TO THE CERT HOLDER WHEN THERE IS A WRITTEN CONTRACT BETWEEN THE NAMED INSD & THE CERT HOLDER THAT REQUIRES SUCH STATUS. THE GL ADDL INSD ENDORSEMENT CONTAINS SPECIAL PRIMARY & NONCONTRIBUTORY WORDING. THE POLICIES INCLUDE AN ENDORSEMENT PROVIDING 30 DAYS NOTICE OF CANCELLATION (10 DAYS FOR NON-PAYMENT OF PREMIUM) TO THE CERT HOLDER. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN CITY OF FORT WORTH ACCORDANCE WITH THE POLICY PROVISIONS. 1000 THROCKMORTON ST FT WORTH, TX 76102 AUTHORIZED REPRESENTATIVE Charles Sweeney/JOYCE ACORD 25(2010/05) ©1988-2010 ACORD CORPORATION. All rights reserved. IN81125(-;,mnns)ni Thn Arnon name nnrl Innn me runictornrl mnrlrc of Art(1Rr1 CERTIFICATE OF INSURANCE TO: CITY OF FORT WORTH Date: NAME OF PROJECT: Water&Sanitary Sewer Replacement Contract 2009 WSM-I PROJECT NUMBER:Water P253-604170147283,Sanitary Sewer P258-704170147283 - IS TO CERTIFY THAT: Conatser Construction,TX LP. is,at the date of this certificate,Insured by this Company with respect to the business operations hereinafter described,for the type of insurance and accordance with provisions of the standard policies used by this Company,and further hereinafter described. Exceptions to standard policy noted on reverse side hereof. TYPE OF INSURANCE Policy Effective Expires Limits of Liability Worker's Compensation Comprehensive General Bodily Injury: Liability Insurance(Public Ea.Occurrence: $ Liability) Property Damage: Ea.Occurrence: $ Blasting Ea.Occurrence: $ '_.,.,. Collapse of Building or structures adjacent to Ea.Occurrence: $ excavations Damage to Underground Utilities Ea.Occurrence: $ Builder's Risk Comprehensive Bodily Injury: Automobile Liability Ea.Person: $ Ea.Occurrence:$ Property Damage: Ea.Occurrence:$ Bodily Injury: Contractual Liability Ea.Occurrence: $ Property Damage: Ea.Occurrence: $ Other Locations covered: Surrounding at Fort Worth TX Description of operations covered:Sewer line relocation for the above contract. The above policies either in the body thereof or by appropriate endorsement provided that they may not be changed or canceled by the insurer in less than five(5)days after the insured has received written notice of such change/or cancellation. Where applicable local laws or regulations require more than five(5)days actual notice of change or cancellation to be assured,the above policies contain such special requirements,either in the body thereof or by appropriate endorsement thereto attached. The City,its officers,employees and servants shall be endorsed as an additional insured on Contractor's insurance policies excepting employer's liability insurance coverage under Contractor's workers' compensation insurance policy. Agency Insurance Co. Fort Worth Agent By Address Title