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HomeMy WebLinkAboutContract 45075 ««� <«? »»�?? 2 . , wz««v: a < ; ¥9 ~«® � . z . z � + . ' � � � # ^� � � :s . . : . : »< � . , � � ® °«¥ � , � ��/}%±d\�f y «�'�/' �<? ©v? t�:2? :�%�\\�d�\ i a . . . �aa ^` ®«\ d\f?f}�2d< . « «r, . . . . . . � - . a > : v . . � <. � , � > � . � « . ' zt, � , � ' 7 , a ' � ' , ° , . , d � ' ` k` � � � ®° !& ■, t � » y , � ■ © , - . . ,■ . , , , ' , � . � . : � ,. � ' ' , . ` � , . I ° � ' , : < , � , . , . ! , � , , ' , , ■ ° , . ° . ! � ' .! . . / © � �\ � »\ ,} \.��\ 2« \\ :�/. ~� y �z � � 7* \ � , . : . r �`\ 3# � � � . *?/ - . , y�: y y,y g � , � � . ; � � � � . ° . � � . . . . ' . » ° » . 2 »Z2§ � >\ � , � . � � . . ; ; � . « » »\ ! < � < : . 7 M&C Review Pagel of 2 G.X'hdal site of the Ob/of�ort, IoM th, Texas CITY COUNCILA,GENDA 0 "I AV I , 1 ittMmr�imm':WUrn@IaaSAW1NiN:tivkVM,omw w,�umrmow'ni�nurtrmimunr i � - n uas wwowwmwSwGmmmS�umti�mivamowumw>Irw,e�,wwav�mm+, amno�,w�smarexnrr�m�rorswuwmemrcmvrnnrvmmmrcvnmiuiiuutrcuu,9rumsar,�uuu^miuwasmndiwnrwvrcmmvnww,re�uouwFlmamit"urmmmas�iawdvwrbinrcaavr.�mrmiarrm�rcruimrtrurnnnmu¢urnrw'w;t�av�nrnrwuwr+esnsnwwramiinnnnurem!ieutwDpmSnmmu�mw,wwo 4wwi'MUSmmottmmnrap4,�i!�unlarmiuwanwmmrcn<,lonmwuuaa,�in,mdmrvrr✓wrarcun. COUNCIL ACTION: Approved on 9/17120113 rnvirinvmtm�rcnitrtsarrsm i n mi i i r �:aAU�wm.wun��mwudmauioi�;w waaoxiowio wir iminumwuwsrv�v�u�w�uru Sung M r, �M'hanWri,Sll IY@ IIIIWYNrrcri.'bIC114(i✓/f✓IflIVi1WC91!SAUP'Ci1Mfl1NA1AtlY?IIMIIflP,ItlWI1 vIICMp"'9bp;;plalYlllNNlrIIfiY/'!IIll IF+OPd40rAfrrvl tllNININNH.11!nAYx"�AII➢lIIUII�tDrc Ii.,4fiINIM 1W,Y®llUYIY�t'YYJYllIMIV)fY.bW 1Y/trDAw'I%N11NWLlidNft!M�wRIIMIMiUAlI11VM dIidl9kdNYIMt6U1 011�C1 9;hItlY�W1 M191rfil Wl Ml(ftM1Ul adl 2VNJGiMF�l FlD 4DVIIMFMFJG'6N'�Y(MYIMIW✓IIImIIIlYd11MNNMWVf�1m P.HUN�gIVItU1Mf/M�IMA11M1NINOB DATE: 9/17/2013 REFERENCE C-26447 LOG NAME: 20SW MERCADO NO.: CHANNEL–CONSTRUCTION CODE: C TYPE: NOW PUBLIC NO CONSENT HEARING: SUBJECT: Authorize Execution of a Contract with CD Builders, Inc., in the Amount of$1,047,221.50 for Mercado Channel Improvements and Provide for Contingencies and Construction Services for a Total Project in the Amount of$1,198,221.50 (COUNCIL DISTRICT 2) Nr YbIIM1INNJ PUS§4;�9rM1OrcVIM1NNNtltt�If�YWfl�l!nll!'.%49@9 @I�Ob1\WANHOWi&IfJM NY IwNiil'FV?f frtH6WVgrcinntiiw�mmMg14rtW3KIMINm1NYYWAIhIYXM G11116i9!ilIIIM'1PW91CI A'Nw BNRd6Fi1S(4VUNN @�MFl mAMFl1YWAiMHP14MWNtlN IIIlU6fWWI,'tW6l JrtM14m1411UNlVl?NWI%diiGlWPf"J11�M'fl4FMMrl",3d109im0MWINMNY!Lw1I�W'NI!NIXtlw�M1Vp1MA"MIf�WiIPNtlNWARMf4AwYWI0.WM!kimd0�Y�14YWr9WMM!MNl1i @VItlN Nr!flM4 iM1lM!pM0.Y�p\tlF�N(1AVA\1491➢YniwMWAiMrc\\11�t!@l�!Ifi�Wlb!;IIWfM\WI!M!R�Ufl�WIdIA4gI0.WhNtl RECOMMENDATION: It is recommended that the City Council authorize the execution of a contract with CD Builders, Inc., in the amount of$1,047,221.50 for the Mercado Channel Improvements Project. " DISCUSSION: The purpose of this Mayor and Council Communication is to authorize the execution of a contract for the construction of a project to eliminate a dangerous low water crossing and help protect businesses !» along Mercado Channel from flooding. This project was advertised for bid in the Fort Worth Star-Telegram on June 20, 2013 and June 27, 2013. On July 18, 2013, the following bids were received: Bidder Base Bid Time of Com letion CD Builders, Inc. $1,047,221.50 270 Working Days Ark Contracting Services, LLC $1,116,418.00 Austin Filter Systems, Inc. $1,204,045.00 DCI Contracting, Inc. $1,361,781.40 RoeshoCo Construction, Inc. $1,770,259.50 It is recommended that a contract be awarded in the amount of$1,047,221.50 to CD Builders, Inc. A pre-established field order allowance in the amount of$67,900.00 is included in the bid and incorporated in the contract cost. This project will be funded by the Stormwater Capital Projects Bond Fund. Other budget items additional to the construction contract amount include $122,000.00 for survey, materials testing, and inspection and a $29,000.00 contingency. The total project budget is $1,198,221.50. M/WBE Office - CD Builders, Inc., is in compliance with the City's BDE Ordinance by committing to 10 percent MBE participation. The City's MBE goal on this project is 10 percent. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current capital budget, as appropriated, of the Stormwater Capital Projects Bond Fund. TO Fund/Account/Centers FROM Fund/Account/Centers P227 541200 202280077983 $-10-47,221.50 http://www.fortworthgov.org/council_packet/mc_review.asp?ID=1$916&councildate=9/1... 9/19/2013 �n M&C Review Page 2 of 2 Submitted for Cites Mana er's Office.by_ Fernando Costa (6122) Orlginati iq Department Head: Douglas W. Wiersig (7801) Additional Information Contact: Russell Poer(7891) ATTACHMENTS 00779 Mercado_ChannO Map.pdf VI S W IP http://www.fortworthgov.org/council_packet/mc_review.asp?1D=18916&counc ildate=9/1... 9/19/2013 1 00 52 43-1 Agreement Page I of 4 1 SECTION 00 52 43 2 AGREEMENT 3 THIS AGREEMENT, authorized on September 17, 2013 is made by and between the City of 4 Fort Worth, a Texas home rule municipality, acting by and through its duly authorized City 5 Manager, ("City"), and CD Builders, Inc., authorized to do business in Texas, acting by and 6 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 I l 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: n, 15 Mercado Channel Improvements 16 City Project Number 00779 17 Article 3.CONTRACT TEVIE 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 (270) days after the date when the 23 Contract Time commences to run as provided in Paragraph 2.03 of the General Conditions. 24 3.3 Liquidated damages 25 Contractor recognizes that time is of the essence of this Agreement and that City will 26 suffer financial loss if the Work is not completed within the times specified in Paragraph 27 3.2 above, plus any extension thereof allowed in accordance with Article 12 of the 28 General Conditions. The Contractor also recognizes the delays, expense and difficulties 29 involved in proving in a legal proceeding the actual loss suffered by the City if the Work N» 30 is not completed on time. Accordingly, instead of requiring any such proof, Contractor 31 agrees that as liquidated damages for delay (but not as a penalty), Contractor shall pay 32 City Six Hundred Fifty Dollars ($650.00) for each day that expires after the time 33 specified in Paragraph 3.2 for Final Acceptance until the City issues the Final Letter of 34 Acceptance. OFFICIAL RECORD CITY SECRETARY MIRTH, TX CITY OF FORT WORTH Mercado Channel Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 00779 Revised December 20,2012 )i 005243-2 Agreement i Page 2 of 4 I Article 4. CONTRACT PRICE 2 City agrees to pay Contractor for performance of the Work in accordance with the Contract 3 Documents an amount in current funds of One Million, Forty-Seven Thousand, Two Hundred 4 Twenty-One and 50/100 Dollars($1,047,221.50). 5 Article 5. CONTRACT DOCUMENTS 6 5.1 CONTENTS: 7 A. The Contract Documents which comprise the entire agreement between City and 8 Contractor concerning the Work consist of the following: 9 1. This Agreement. 10 2. Attachments to this Agreement: 1 I a. Bid Form 12 1) Proposal Form 13 2) Vendor Compliance to State Law Non-Resident Bidder 14 3) Prequalification Statement 15 4) State and Federal documents(project specific) 16 b. Current Prevailing Wage Rate Table 17 c. Insurance ACORD Form(s) 18 d. Payment Bond 19 e. Performance Bond 20 f. Maintenance Bond 21 g. Power of Attorney for the Bonds 22 h. Worker's Compensation Affidavit 23 i. MWBE Commitment Form 24 3. General. Conditions. 25 4. Supplementary Conditions. 26 5. Specifications specifically made a part of the Contract Documents by attachment 27 or, if not attached, as incorporated by reference and described in the Table of ' 28 Contents of the Project's Contract Documents. 29 6. Drawings. >t 30 7. Addenda. 31 8. Documentation submitted by Contractor prior to Notice of Award. 32 9. The following which may be delivered or issued after the Effective Date of the 33 Agreement and, if issued, become an incorporated part of the Contract Documents: 34 a. Notice to Proceed. 35 b. Field Orders. 36 c. Change Orders. 37 d. Letter of Final Acceptance. 38 39 OFFICIAL RECORD l� CITY EC IV mV'iimi�ViN KV F- . WORTHt T CITY OF FORT WORTH Mercado Channel Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 00779 m Revised December 20,2012 1 005243-3 Agreement N7PM'I' Page 3 of 4 1 Article 6. INDEMNIFICATION 2 1.2 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own 3 expense, the city, its officers, servants and employees, from and against any and all 4 claims arising out of,or alleged to arise out of, the work and services to be performed 5 by the contractor, its officers, agents, employees, subcontractors, licenses or invitees 6 under this contract. This indemnification provision is specifically intended to operate 7 and be effective even if it is alleged or proven that all or some of the damages being 8 sonlit were caused, in whole or in part, by any act,omission or negligence of the city. 9 This indemnity provision is intended to include, without limitation, indemnity for 10 costs,expenses and legal fees incurred by the city in defending against such claims and 1 1 causes of actions. !)'v 12 13 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, 14 the city,its officers,servants and employees,from and against any and all loss,damage IFR 15 or destruction of property of the city,arising out of,or alleged to arise out of,the work 16 and services to be performed by the contractor, its officers, agents, employees, 17 subcontractors, licensees or invitees under this contract. This indemnification 18 provision is specifically intended to operate and be effective even if it is alleged or 19 proven that all or some of the damages being sought were caused, in whole or in part, 20 by any act,omission or negligence of the city. mom 21 22 Article 7.MISCELLANEOUS 23 7.1 Terms. 24 Terms used in this Agreement which are defined in Article I of the General Conditions will 25 have the meanings indicated in the General Conditions. 26 7.2 Assignment of Contract. 27 This Agreement, including all of the Contract Documents may not be assigned by the ON 28 Contractor without the advanced express written consent of the City. 29 7.3 Successors and Assigns. 30 City and Contractor each binds itself, its partners, successors, assigns and legal 31 representatives to the other party hereto, in respect to all covenants, agreements and 32 obligations contained in the Contract Documents. 33 7.4 Severability. 34 Any provision or part of the Contract Documents held to be unconstitutional, void or 35 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all 36 remaining provisions shall continue to be valid and binding upon CITY and 37 CONTRACTOR. X00, 38 7.5 Governing Law and Venue. 39 This Agreement, including all of the Contract Documents is performable in the State of 40 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the 41 Northern District of Texas,Fort Worth Division. OFFICIAL ilia, E RDA CITY OF FORT WORTH Mercado Chamret Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY SECREIIARY City Project Number 00779 Revised December 20,2012 F" W fr t I 005243-4 Agreement Page 4 of 4 1 7.6 Other Provisions. or 2 The Contractor agrees to pay at least minimum wage per hour for all labor as the same is 3 classified, promulgated and set out by the City, a copy of which is attached hereto and 4 made a part hereof the same as if it were copied verbatim herein. Ifm 5 7.7 Authority to Sign. 6 Contractor shall attach evidence of authority to sign Agreement, if other than duly 7 authorized signatory of the Contractor. 8 9 IN WITNESS WHEREOF, City and Contractor have executed this Agreement in multiple 10 counterparts. it 12 This Agreement is effective as of the last date signed by the Parties("Effective Date"). 13 ° Contractor: City of Fo B Fernando Costa B a « �� Assistant City Manager .p , ignature) ` Datetakryays Attest: ( rinted Name) F OR City retary 0 (Seal) g .� Title: " w, --1 Address: M&C Date: 471-7,113 XQ less City/State/Zip: Approved as to Form and Legality: t. Da�te , _ 9mgi'4 1G--B ac . Assistant City Attorney 14 15 16 APPROVAL RECOMMENDED: r. 17 20 Douglas Nq Wiersig, P.E. 21 Director, 22 Transportation and Public Works Department r 23 OFFICIAL RECORD io CITY OF FORT WORTH Mercado Channel Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS ci r y' SIECRE M RY City Project Number 00779 Revised December 20,2012 m tluiivm 0061 13-1 PERFORMANCE BOND Page 1 of 2 'u 1. SECTION 00 6113 2 PERFORMANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW A LL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 'rte 7 1301138001361 8 That we, CD BUILDERS, INC known as 77 9 "Principal"herein and ENDURANCE REINSURANCE CORPORATION OF AMERICA a corporate to surety(sureties,if more than one)duly authorized to do business in the State of Texas, known as J 11 "Surety'herein(whether one or more),are held and Firmly bound unto the City of Fort Worth,a 1.2 municipal corporation.created pursuant to the.laws of Texas,known as"City"herein,in the penal 13 sum.of,ONE MILLION FORTY-SEVEN THOUSAND TWO HUNDRED" Dollars °TWENTY ONE AND 501100 DOLLARS 14 (5-1,047,221.50 ), lawful money of the United States,to be paid in Fort Worth, 15 Tarrant County,Texas for the payment of which sum well and truly to be made, we bind 16 ourselves,our heirs,executors, administrators,successors and assigns,jointly and severally, 17 firmly by these presents. 18 WHEREAS, the Principal has entered into a certain written contract with the City 19 awarded the day of SEP 1 2°1.11 _..,20T,which Contract:is hereby referred to and 00 20 made a part bereof for all purposes as if fully set forth herein,to furnish all materials,equipment 21 labor and other accessories defined by law,in the prosecution of the Work, including any Change 22 Orders,as provided for in said Contract designated m Mercado Channel Improvements,City 23 Project No.00779. ry 24 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 respects duly and 26 faithfully perfbrrn the Work, including Change Orders; under the Contract, according to the plans, 27 specifications,quid contract documents therein referred to,and as well during any period of 28 extension of the Contract that may be granted on the part of the City,then this obligation shall be 29 and become null and void,otherwise to remain in full force and effect. 30 PROVIDED FURTHER,that if any legal action be filed on this Bond, venue Shall lie in 1p 31 Tarrant County,Texas or the United States District Court for the Northern District of Texas, Fort 32 Worth Division. i CITY OF FORT WORTH Mercado Clieumet hllprawments STANDARD CONSTRUCTION SPECIFICATION DOCLIN FLATS City Project Number 00779 Revised July 1,2011 IW�'11.'S1' n r 0061 13-2 PERFORMANCE BOND Page 2 of 2 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 Mond 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 24 day of_ PR 6 SEPTEMBER 10 13 7 pRINCIpAL; CO BUILDERS, INC 1.0 ` 1.1 80744,109 BY: - 7 " 12 Si e 13 ATTEST: 14 �r 15 Mi � _� r J 16 (Principal)Secretary the and Title 17 2 �� 18 Address: HC-02 BOX 14740 )) 19 " }IJRA.13C1 PR 00778-0024 20 .__..._._ 21 22 Zit)q nes as to PrI nter al 23 SUREMENDURANCE REINSURANCE CORPORATION OF AMERICA 24 25 26 . 28 Signature 29 30 NORMA I COLON AVILES ATTORNEY IN FACT 31 Name and'Title 32 33 Address:333 WESTCHESTER AVE WHITE PLAINS 34 NEW YQRK 10604 V 36 ., 37 Witnes, as to uretV,'µ„ Telephone Number ,,,(7871250-5290 _ 38 la 39 40 441 ~Note: If signed by an officer of the Surety Company,there must be on file a certified extract 42 from the by-laws showing that this person has authority to sign such obligation. If 43 Surety's physical address is different from its mailing address, both must be provided. 44 The date of the bond shall not be prior to the date the Contract is awarded. 45 CrI-Y OF FORT WORTH Mercado Channel Improvements STANDARD CONSTRUCTION SPECIFICATION DOC`IJMFNTS City Project Number 00779 Revised July 1,2011 0061 14-1 PAYMENT BOND Page 1 of 2 1 SEC'T'ION 00 61 14 2 PAYMENT BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 1301138001361 d 8 That we, CD BUILDERS INC known as t 9 "Principal" herein, and ENDURANCE REINSURANCE CORPORATION OF AMERICA a 10 corporate surety (sureties), duly authorized to do business in the State of Texas, known as 9 11 "Surety"herein (whether one or more), are held and Firmly bound unto the City of Fort Worth, a 12 municipal corporation created pursuant to the laws of the State of Texas,known as "City"herein, 13 in the penal Slim of ONE MILLION FORTY-SEVEN THOUSAND TWO HUNDRED" Dollars "TWENTY ONE AND 50/100 DOLLARS 14 ($"'1 047221.50 _J, lawful money of the United States, to be paid in Fort Worth, 15 Tarrant County,Texas, for the payment of which sum well and truly be made, we bind ourselves, 16 our heirs, executors,administrators, :successors and assigns,jointly and severally, firmly by these 1.7 presents: 18 WHEREAS,Principal has entered into a certain written Contract with City, awarded the 19 day of � � �j �, 20 , which Contract is hereby referred to and 20 made a part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment, 21 labor and other accessories as defined by law, in the prosecution of the Work as provided for in 22 said Contract and designated as Mercado Channel Improvements,City Project No.00779. 23 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if ,�. 24 Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in 25 Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under 26 the Contract, then this obligation shall be and become null and void; otherwise to remain in full 27 force and effect. 'V 28 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 29 Texas Government. Code, as amended, and all liabilities on this bond shall be determined in 30 accordance with the provisions of said statute. 3'1 x , CITY OF FORT WORTH Mercado Channel Improvements STANDARD CONSTRUC-110N SPECI MCATION DOCUMENTS City Project Nunaber00779 ))T Revised July 1,2011 'ilk 0061 14-2 PAYMENT BOND Page 2 of 2 I IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED 2 this instrument by duly authorized agents and officers on this the 24 day of 3 SEPTEMBER -120,13 �l 4 �, l�M+" ()'R A PRINCIPAL:CD BUILDERS,INC ATTEST: Y: i JOAMMI )PI-4 (.Principal)Secretary Name Title Address: HC-02 BOX 14740 GURABO PR 00778-0024 µw Witnes.µas to Pri.n'61pya ll� SURETY:ENDURANCE REINSURANCE CORPORATION OF AMERICA ATTEST: BY: Signature NORMA I COLON AVILES-ATTORNEY IN FACT (Surety)Secretary Name and Title r, Address: 333 WESTCHESTER AVE WHITE PLAINS EN W YORK 10604 K W' e R s to rety } Telephone Number: (787)230-5290 5 6 Note: If signed by an officer of the Surety, there must be on file a certified extract from the 7 bylaws showing that this person has authority to sign such obligation. Tf Surety's physical 8 address is different,from its mailing address,both must be provided. 9 10 The date of the bond shall not be prior to the date the Contract is awarded. l J END OF SECTION J2 CITY OF FORT WORTH Mercado Channel Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 00779 ReviwA July 1.201 )IY �S I;. 006119-1 M A NMN ANCF,BONG) Page I of 3 M 1 SECTION 00 6119 2 MAINTENANCE BOND 3 4 THE S'T'ATE OF TEXAS § S § KNOW ALL BY THESE PRESENTS- 6 COUNTY OF TARRANT § m 1301138001362 8 That we CD BUILDERS,INC known as 9 "Principal"herein and ENDURANCE REINSURANCE CORPORATION OF AMERICA ,a Corporate Surety 10 (sureties,if more than one)duly authorized to do business in the State of Texas,known as I.1 "Surety"herein(whether one or more),are held and firmly bound unto the City of Fort Worth,a �1t 12 municipal corporation created pursuant to the laws of the State of Texas,known as"City"herein, 13 in the SUM Of ONE MILLION FORTY-SEVEN THOUSAND TWO HUNDRED" Dollars "'-TWENTY ONE AND 50/100 DOLLARS 14 ($••°1,047,221.50 lawful money of the United States,to be paid in Fort Worth, 1S Tarrant County,Texas,for payment of which sum well and truly be made unto the City and its 16 successors,we bind ourselves,our heirs,executors,adinhustrators,successors and assigns,jointly 1 17 and severally, firmly by these presents. 1& 19 WHEREAS,the Principal has entered into a certain written contract with.the City awarded 20 the day of 013 20 ,which Contract is hereby 21 referred to and a made part hereof for all purposes as if fully set forth herein,to furnish all. 22 materials,equipment labor and other accessories as defined by law,in the prosecution of the 23 Work, including any Work resulting from a duly authorized Change Order(collectively herein, 1p 24 the"Work")as provided for in said contract and designated as Mercado Channel Improvements, 25 City Project No.00779; and 26 27 WHEREAS,Principal binds itself to use such inateri.al5 and to so construct the Work in 28 accordance with the plans,specifications and Contract Documents that the Work is and will 29 remain free from defects in materials or workmanship for and during the period of two(2)years 30 after the date of Final Acceptance of the Work by the City("Maintenance Period");and 31 32 WHEREAS,Principal hinds itself to repair or reconstruct the Work in whole or in part 33 upon receiving notice from the City of the need therefor at any time within the Maintenance 34 Period, NR CrrY OF FORT WORTH Mercado Channel lmprovemenis STANDARD C0Nsnt1CrI0N SPECtFiCAT1ON DOCUMEiINUS City Project Number 00779 ropy Revia'ed July 1.2011 Y 0061 19-2 MAINTENANCE BOND Page 2 of 3 irrr 1. 2 NOW THEREFORE,the condition of this obligation is such that if Principal shall 3 remedy any defective Work,for which timely notice was provided by City,to a completion 4 satisfactory to the City,then this obligation shall become null and void; otherwise to remain in 5 full force and effect. rmtro 6 7 PROVIDED,HOWEVER, if Principal shall fail so to repair or reconstruct any timely 8 noticed defective Work, it is agreed that the City may cause any and all such defective Work to 9 be repaired and/or reconstructed with all associated costs thereof being borne by the Principal and 10 the Surety under this/Maintenance bond; and u 1i 12 PROVIDED FURTHER, that if any legal action be tiled on this Bond, venue shall lie in 13 Tarrant County,Texas or the United States District Court for the Northern District of Texas,Port 14 Worth Division;and 15 16 PROVIDED FURTHER,that this obligation shall be continuous in nature and 1.7 successive recoveries may be had hereon for successive breaches. 18 19 20 y7 i� CITY OF K)RT WORTH Nfercado Channel Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City ProjeLt Number 00779 Revised July 1,2011 i� V I' 0061 19-3 MAINTENANCE BOND Page 3 of 3 1 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 24 day of 3 SEPTEMBER 201 4 ORA D 5 PRINCIPAL: CD BUILDERS,INC 6 7 8 <) 60174069" 131Cc_. 10 S' e It ATTEST: ��12 13 14 (Principal)Secretor N e and Title 15 16 Address:HC-02 BOX 14740 5' 17 77E OQ24 18 19 20 Witness as I..Princ.ipa. 21 SURF-'FY: ENDURANCE REINSURANCE CORPORATION OF AMERICA 22 23 24 25 By� 26 Signature 27 28 NORMA I COLON AVILES-ATTORNEY IN FACT 29 ATTEST: Name and Title -� 30 31 Address: 333 WESTCHESTER AVE WHITE PLAINS l Suret S t YORK 1U6g4 33 35 Witny as Sur y Telephone Number: (787)250-5290 --- 36 ',� 37 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract 38 from the by-laws showing that this person has authority to sign such obligation. If 39 Surety's physical address is different from its mailing address, bath must be provided. 40 The date of the bond shall not be prior to the date the Contract is awarded. 41 i rr==' CITY OF FORT WOR"1'H Mercado Channel lniproveinents STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 00779 Revised July 1,2011 F