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HomeMy WebLinkAboutContract 45556 1 t! f Wo COY CITY SS' Cr Fo, ,R, T UO.E. i RY FILE CONTIRACT(wo)IR'S B(.,o)ND1NG CPROJECrf MANUAL FOR ir CLIENT DEPARTMENT i �j THE CONSTRUC VION l j stye III & IV Water Main Connection r l City Project No. 1" 8 J Betsy Price Tom Higgins �f ')`yo City Manager S. Fralik Crumb, P.E. 1 Director, Water Depar i-rien r .)oug as . *e � , P.E. Director, Trans or atloin and PL bl c Works e ar e reell" Prepared for The City of Fort Wort: 2013 �N DUNAWAY ASSOCIATES,L...p. 0- M.COVISEILL ;0A 10 d ASV iAU +1W W NNu*b*0 0 4✓�0 4 0 01 550 Bailey AvetMe,Suite 400 Coo 0 �u F . 7 9 8431 a X 07 ��>'s;��i � �� iiiu�iu�m�uooimmioioiomwNmoimuisrv�s�uuiummu�!uuiuuuuuuomouuNim�u!NNbu�w�i��iiWOBti� � � J L c e: 817-335-1121 /FL r 817-429-1370 s OR u �,.,"�1'm SK, (� F , �" � FY� K p i ff J�!e' DAL rof e,rt7 13000490-001 � Y Vi W 0,12014 i �tlul�ftlf�u��iVl�d��dRi�HM�iPo(�Y��VV�N�YMWVWUP�JdGVNtl��IIIM(� �mII�IIfMY�mI�NNUNiI�'d1�VM�MdGTuvNVI��UN�E�IVON�Y�Mm�IGVNVN±d�Ni��o1�VM10YWNV�iuII801I10101N01� ' ��.. .f I C Review `s Official site of the City of Fort Worth,TexaS FO 9 Jet u n L 'A �;uA U C f 9 9J IJJ: A`UN A x , , i r ';f a f;,. n„,e,v,e//lrrY'✓/r 4 oWi %, r, ;, ,, ,; ,, n ,/ ,/r r,/dW,,/x,.rr/i /f/ ' Q u 7 ' ' x ry i COUNCIL,ACTION, Approved on 311812014 IM I I DATE: 3/18/2014 REFERENCE, 6 IC 3 NONT `ER CODE: C TYPE: NON- PUBLIC NO CONSENT HEARING: llr SUBJECT: Authorize Execution of a contract with conatsar construction, TX, L..P.1 in the Amount c $1,! 13,138.40 for Westside III and IV Water Main connections, Phase 1, and Provide fc Project costs and Contingencies,for a Project Total in the Amount of$1,072,538.40 (COUNCIL DISTRICT 3 RECOMMENDATION: It is recommended that the pity council authorize execution of a contract with c natser constructior TX, L.P., in the amount of$1,013,1 38.40 for Westsido III and IV Water Main connections, Phase 1 r and provide for project casts and' contingencies for a project total in the arnount of$1,072,538.401. App On October 10, 2012, (M&C C-25925) the City council authorized an Engineering Agreement with Dunaway Associates, L.P., for preparation of plans and specifications for Westsid'e III and IV Water Main connections This project, ha se 1, il'l �alln for the construction of approximately 61,500 linear feet of a 10-inch water rein located in the Westside III pressure plane on 'Walsh Ranch from the l a0 l inkcrest Drive intersection to the existing dead-and 30 i ch line located in the Westside IV pressure plane.. The proposed project will provide for a looped water system and allow for redundancy and also includes pressure regulating valve to provide a safe connection between the two pressure planes. In addition, the project provides for filling a logy spot as, req�uested by the Transportation and Public Works Department where a future roadway is planned. The grading improvements will eliminate the need to re-dig and re-lay the water rr'Iwain at a more shallow depth for the roadway in the future. )r, the project was advertised for bid on October 10, 2,013 and October 171 in the Fort,Worth tarn Tele rang. On November 14, 20,13 the following bids were received: IMP Bidder Amount Time of Completion c n�atser construction TX, I.....1 . $1,013 3 w caai d ar Days Wright Construction company $11099,996.00 11 ME S.J. Louis construction of Texas L.td. $ Jackson Construction Ltd. $1 1 1 2. �' c.0 . Builderst Inc. $1118 ,357.49 r, M-Co construction, Inc. $1,333,755.45 Atkins Brothers Equipment Company, Inc. 21271,084.00 In addition to the contract cost, $ 91, 0"6.-00 is required for construction staring, project rr ana ement, inspection and material testing and $30,1400.00 is ro ided for project contingencies. M E Office - Conats r construction, TX, L.P., is in compliance with the City's BDE Ordinance by committing to eight percent DIRE participation on this project. The city's MIBE goal on this project is WOR C Review age 2 of eight percent. The project is located in COUNCIL DISTRICT 31,, Mapisco 359. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that funds are available in the curreint capital budget, as appropriated, of the Water Capital Projects Fund and th e Street Improvement Fund TO Fund/Accolunt/C n ers FROM Fmid Account/C mars 265 541200 6031401 �8 3 $863,324.65 Q115 541200 020115136545 $149,8113.7'5 Submitted foir Cily Mana er Offlc Fernando Costa (6122) 1 tiln a S. Frank Crumb (820�7)Sr i nh ddifi ► all Information Contact: Rakish Ch ub y (6051) ATTACHMENTS 60WSIDE3AND4P1-CONATSER MAC. df WE C Y OF FORT WORT": WATER DEPARTMENT ADDENDUM .I I,, WESTSIE III WATER LINE IMPROVEME,NTSi y ?,, CITY PROJECT No. 0 19 88 ADDENDUM RELEASE DATE:October 25,2 13 BIDS RECEIVED DATE:November 7, 2013 INFORMATION TO,BEDDERS. JIM The Plans,ns, S 1fi do and Contract uments for the above mentioned p r0'ect are hereby revised and amended as follows,: . SECTION 11 13 Invitation t Bidders, R vised to include agr -bid"meedyfas outlined below., T E,, Wednesday October 3ffh, 2013 T 2 M—30 00 PM PLACE; Water Department Administration Conference Room#225 Fort Wortis., Texas 76102 LOCATION*. Water Department 2""Floor City Hall Please acknowledge receipt of the Addendum in the following locations: 1 ; (1) In the space provided below (2), In the amended Proposal, Units l& 11 Water and Grading Improvements (3) Indicate in upper case letters on the outside of the sealed bid envelope-, "'RECEIVED&ACKNOWLEDGED ADDEND O. " I subject bidder to be considered `NON-RESPONSIVEI?'),resulting n disqualification. A signed coy of this addendum shall be placed into the proposal at the time of bid submittal. RECEIPT ACKNOWLEDGED,- RAKESH CHAUBEY, P.E, .. PROJECT ECT AG ER,WATER DEPARTMENT 1<::!:z Qv A& omo 171AM ALAYA.A Rake Ch aubey, P.E. Tit e: C'I Prcjec'Manager Addendum No.,I' "Westside III&IV Water Lire.Improvements UTY PROJECT#0 988 CITY FORT WORTH WATER DEPARTMENT ADDENDUM N . WESTSIDE 1 WATER LINE IMPROVEMENTS, CITE"PROJECT No., 8 8 ADDENDUM RELEASE,DATE: November 61, 20,13 BIDS RECEIVED DATE:;T E Novem bier 14,2013 INFORMATION TO BIDDERS: ry r � p revise The Plans, Specifications �..n Contract Documents �" the �. ee mentioned project are here and amended as f6flows., 1. SECTION 00 11 13 Invitation to Bidders, Revised . IDS RECEIVED DATE r Thurs a November 7 21013 to ThursdaL November 14,2013. r". SECTION ! Item 11 r 4 1 Steel r pe eel Water (Restrained Joints), Rew'Sed Bid QuanfitE Lrom I LF to 250 LF. 3. SECTION 00 42 43 Bid Item 2_D 3311 r 4, 16" Concrete AWWA 0303 Water Pipe 1 (Restrained Joints), Re se ''Bid QuaniLq Lrom I LF to 250 LF. 4. SECTION Item 2 3. 1 1 , Eastern Red Cedar Trees (w/mulch, stakes and miser landscape items peer details) PRV),Reviied Bid nt r m EA EA. 5, SECTION 00 42 43 Bid Item #26 3293.01012, Wax Myrtle Tree (w/mulc , sakes and mice. lar seape ' ems per details)�(PRV),Re sed uqn om 0 E A. . SECTION 00 42 43 Bid Items. #3 8 32 1 3 r 14 1) 6:" Concrete Driveway ("RV), Revise'Bid QuantillLrom,2,142 SF to 900 SF. 7 SECTION 00 42 43 Bid Item #39 3231.0113, 6' Chain Link, ,Steel w/concrete mew strip (PRV),Revised Bid QuantLqiLtgom 160 LF to 1316 LF 8. SECTION 00 42 43 Bid Item #42 3211 r '11.1, 4" Flexible Base Type A, GR 1 Ground Cover(PRV),Revised Bid Qlu gnti ram 91 SY to 61 SY. SECTION 00 42 43 Added Bid Item #43 2'605-301112 211 CONDT PVC SCH 40,fa-(P LF NOTE: Replace ent e proposal section with the Version enclosed herein. (Revised excel spreadsheet has u been posted to" 2zsaw ". SECTION 45 40 Added Minor Business Enterprise, F,' al O % to the pro Addendum No.2 Wes,tside III&IV Water.Line mpr�o em I�rAyt ` / I, i 11. SECTION 26 43 13 --Low Voltage AC Surge Protective Device S Ds A. Added Paragraph 2.,04 Pw 2.04 ANALOG SIGNAL SURGE PROTECTORS SPDs A. Subject to compliance with the Contract Documents, the following Manufacturers are acceptable: 1. AGM Electron' ICS 2. Acromag Inc. 3. Moore Industries T" 4. Phoenix,Contact 5. EDCO 6. Approved equal B. The listing of specific manufacturers above does not imply acceptance o their products that do not meet the specified ratings, Features and functions. Manufacturers listed above are not relieved from meeting these specifications In their entirety. C. Type, 1. DIN Rail mounting for control and termination panels. 2. For loop powered transmitters provided Pipe apple style mounting at w the transmitter. 2. SECTION 40 90 00 Instrumentation General Provisions PIP . r apl 1.0,1 (Distributed' Control System Supplier. . Delete this paragraph In its �I entirety and renumber subsequent paragraphs. B. Paragraph 1.01 (Immediately following contract award...) Delete this paragraph its entirety and renumber subsequent paragraphs. A) , C. Paragraph 1.01 : CS P'rogr erw�. Replace this paragraph in its entirety with the following: "PLC Programmer-.er-. The Owner will provide all application software programming of the PLC and graph.ical user Wterface. The Contractor shall coordinate installation, wiring termination, startup, and co lsslon�uu with the wner''s development of software progra r� . iw Paragraph 1 w. F (P� systems � w wished as part of other w w delete this paragraph i its entirety and renumber subsequent paragraphs. E. Paragraph 1.011 G (Instrumentation furnished as a part of other Divisions...), Delete the reference to "and DCS Programmer"', F Paragraph 1 w o 1 H (The INCSI Shall install wiring for all field *instruments...,) Replace this paragraph its entirety with the follow*ng: Go The INCS shall install wiring for all field instruments and equipment from their field locations up to the PLC cabinet as depicted .the Contract Documents. H. Paragraph 1.01 t (The INCS, squall install wiring for all field-mounted instruments...) Replace the reference to "DCS cabinets"with"PLC cabinets"w I. Paragraph .01 T an all required �, contractor shall coordinate schedule installation,w w Delete the reference to''I CS Programmer". J.w. Para rapt 1,01 M (The Contractor shall coordinate and schedule all required traff' * r w w Delete the references to "DCS S" iC.LlId "DCS Programmer". K. Paragraph 1.02 elated Sections)Delete the following des in their entirety: 5. ,Section 40 t 13 Field Instruments 6. Section 40 94 44 Distributed Control Systems 7. Section 40 95 15 Input/output List ' w Section 40 95 25 Panel Mounted Equipment 91. Section 40 95 34 Fiber Optic Data Network r, 10. Section 40 96 20 Meld Instrument List Addendum No.2 We side III&I Water Line Improvements CIS PROTECT 019 8 8 1, Section 40 96 30 Control Loop Descriptions 12. Section,40 9,6 35 Application Services, PIP L. Paragraph 3.01 C (The meetings s shall h e held at the General Contractor's field f: ..,)Delete the reference to ",DCS Programmer's pr 'ect engineer". M. Paragraph 3.01 C.2.e (Discuss, any coordinations re ment. ..,.) Delete the reference to"'Blower". N. Paragraph 3.0 (The Contractor shall run all conduit and wire...) Replace the reference to "DDS cabinets"with` 'LC cabinets". 13. SECTION 40 80 Testing A. Replace all references to"DC S"with`PUC" 14, SECTION Appendix GC-4.012 Subsurface and Physical Conditions,added ,addendum to the geotechnical, report for the new PRV site location, 15.. SECT10N appendix Technical Specification ,added conduit ,specification and 'installation requirements. Contractor to contact ONCOiR for, installation inspection and acceptance of' conduit prior to City final acceptance and payment. 16, FLAN CLARIFICATION: Sheets 5 &7- 11 Now PRV Site Location shown in plans. 17. PLAN CLARIFICATION: Sheet 30 Redesigned layout per new PRV Site Location shown in p l ans. 18. PLAN CLARIFICATION.- Sheet 31 - Redesigned layout per new PRV Site Location shown in plans. 9, PLAN CLARIFICATION: Sleet 3:5 —Adjusted silt fence and construction entrance to new PRV Site Location. 20. PLAN CL R..IFI+CTION, sheets S 1, S3 4 — added geotec kcal information to ,structural notes and adjusted elevations per new PRV Site Location shown In plans. 21 PLAN CLARIFICATION: Sheets E4 & E5 —Adjusted layout per new PRV Site Location shown in plans 22. PLAN CLARIFICATION: Sheet Change panelboard LP to he NEMA 4X 316 stainless steel instead of NENIA 12 change has rating of panelhoard LP to be 100A, 22kA instead of 42kV change service dis��r�ne�t to e 4� 316 stainless steel . stead of NENIA 3R.; and change Detail A to show a sunshield above the Flow Indicating Transmitter consistent with that shown on Detail B, on sheet E- . 23. PLAN CLARIFICATION: Sheets L l & L — Redesigned layout per new PRV Site Location shown in plans. 2 , The following items are RFIs and questions that carne up during bidding and the responses. gives.. a. Q Does the City require the contractor to prepare a cathodic protection design as a part of hid item#22 cathodic protection hid item? A: Yes per City standard specification 33 04 12 contractor must censure that the cathodic. PIP protection design will he rotection system ��functional an to do this cathodic ro required by the Contractor and submitted to the City for review and approval. I PIP R at i's t height of the antenna tower er that the City will he providing to the h,� �� he hey. ht Contractor for the PRV Site? A: The height of the tower provided by the City will he 25-foot tall. f; Addendum No,2 Wet de In&rV Water Line Improvements PIP CITY PROJECT#01 988 r 9/r Please acknowledge receipt of the Addendum in the follow'ng locations', In the space provided below 2 In the amended Proposal Units I & 11: Water and Grading Improvements, (3�) Indicate in upper case letters on the outside of t the scaled bid envelope "RECEIVED&ACKNOWLEDGED ADDENDUM NO, " Failure to acknowledge the receipt of Addendum No.2 could cause the subject bidder to be considered "NON-RESPONSIVE11,resulting in disquallification. A signed copy of this addendum shall be placed into the proposal at the time of id submittal, IMF RECEIPT ACKNOWLEDGED,-, RAKESH C AU E P.E. PROJECT MANAGER,WATER DEPARTMENT P ` : y. rx( @yy P.E. �y PO 11 P11 F11 �a Addendum No.2 wastside III&IV Water Lire Improvements xt CITY PROJECT#01988 IFIF 1 005243-1 Agreement Page X of 4 I SECTION 00 52 43 2 AGREEMENT 3 TIHS AGREE MENT, authorized on 18 March, 2014 is made by and between the City of Fort Worth a Texas home: rule municipality, acting by and through its, duly authorized City Manager, 1 5 ("City"), and CONATSER CONSTRUCTION TX11 P"., authorized to day business in Texas, acting by and through eugh its duly authorized representative, ("Co tractor"). 7 City and Contractor, in consideration of the mutual covenants hereinafter set forthl, agree as follows-. Article 1. O� 10 Contractor shall complete all "work as specified or indicated in the Contract Documents for -the 11 Project identified herein. 12 Article 2 PROJECT The prefect for which the orI under the Contract Documents may be the whole or only a part is 14 generally described as fellows. 15 Westside III&IV Water Main, Connection 16 City Project No. 1988 } 17 Article I CONTRACT TIME B 3.1 Time is of the essence. 19 All time limits for Milestones, if any, and Final Acceptance as stated in the Contract Documents are of the essence to this Contract. 21 3.2 Final Acceptance. 22 The Work will he complete for Final Acceptance within. 120 Calen(lar days after the date 23 when the Contract Time commences to run as provided in Paragraph 2.03 f the general 24 Conditions. PIP 25 3.3 Liquidated damages 26 Contractor recognizes that time is of the essence of this Agreement and that City will 11 7 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 General Conditions. The Contractor also recognizes the delays, expense and difficulties 30 involved in in legal rov p � in a proeeedng the actual loss suffered y 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 Six. Hundred and Fiftv Dollars 6650.0101 for each day that expires after the time 34 specified in Paragraph 3.2 for Final. Acceptance until the City issues the Final :fetter of 35 Acceptance.. CITY OF FORT WORTH Wiestside III&[V Water Main Connection Wei, STANDARD CONSTRUCTION TIC! s E,C A N D C � TS Revised Jane 4,2012 City Project No.0 1988 005243-2 Poll Agreement Page 2 of 4 36 Article 4. CONTRACT PRICE n� 3 City agrees t� ay Contractor for perfc r ranee the Work 1rt accordance with the Contract 38 Documents an amount in current finds of ONE MILLION AND THIRTEEN THOUSANID .. 39 ONE HUNDRED THIRTY EIGHT DOLLARS AND F'OR"T'"Y CENTS ($110133138.40 M [=i5 40 Article 5. C NTRACT'DOCUMENTS 41 5.1 CONTENTS.- 42 A.,The Contract Docu ments, 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 l Proposal Prrn 48 2 Vendor Compliance to State Law Non-Resident Bidder 49 Prey ualification Statement 50 4 State and Federal documents (project sp cifiq) 51 b. Current Prevailing Wage Rate Table 52 c. Insurance ACORD Form(s) 53 dM Payment Bond 54 e. Performance Bond 55 f. Maintenance Band 56 g. Poorer of Attorney for the Bonds 57 hM Worker's Compensation affidavit 58 i. MVVBE Commitment Form 59 3. General Conditions. 4. Supplementary Conditions. 61 5. Specifications specifically made a part oaf'the Contract Documents by attachment v 62 or if not attached, as incorporated by reference and described in the Fable of 3 Contents of the Project's Contract Documents. 64 6. Drawings., 65 7. Addenda. 6 8. Documentation submitted by Contractor prier to Notice of sward, 67 9. The following which may he delivered or issued after the Effective Date of the Agreement and, if issued become e a,n incorporated part of the Contract Documents-. a Notice to Proceed. 7 , hM Field Orders. 71 c. Change Orders. 72 d. Letter of F°i_nal Acceptance. 3 1 74 CITY OF FORT WORTH Westside III&IV Water Main Connection STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised June 4,2012 City Project No. 198 8 1 005243-3 PIP Agreement Page 3 of 4 75 Article 6. ENDEMNUICATION 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 8 claims arising out of, or alleged to arise out of, the word and services ices to be performed 79 by the eontraetor, is officers, agents, employees, subcontractors, licenses or in tees 80 under this contract. This ndernniffieation provision is specifically intended to operate 1 and be effective even if it is alleged or proven that all or some of the damages beln 2 son ht were caused in. whale or In part, b anj act omission or negligence of the ei . 3 This indemnity provision is intended to include, without limitation, indemnity for 4 gists, expenses and legal fees incurred by the city in defending against such claims and 5 causes of actions. 87 6.2� Contractor covenants and agrees to indemnify and hid harmless at its own expense, 88 the city,its officers,servants and employees,from and against any and all lass, damage 9 nr,destruction of property of the city, arising out of, or alleged to arise out of,the work and services to be performed the contractor, its officers, agents, employees, 91 subcontractors, licensees or invitees under this contract. Th s nde n. feation. 912 provision is specifica ll intended to operate and be effective even if it is-alleged or proven that all or some of the damages being sought were caused in whole or in vart, 4 by any a+ct o fission or negligence of the ci 95 96 Article 7.,MISCELLANEOUS 917 7.1 Terms. Terms used in this Agreement which are defined in article 1 of the General Conditions will 9 have the meanings indicated in the General Conditions. 100 7.2 Assignment of.Contract. } 101 This Agreement, including all of the Contract Documents ma y' not be assigned by the f 102 Contractor without the advanced express written consent of the City. 103 7.3 Successors and Assigns. 1014 Cif anal!: Contractor each binds itself, its partners, successors, assigns and legal 105 representatives to the other party hereto, in respect to all covenants, agreements an 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 "10 109 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 1.11 CONTRACTOR. 112 7.5 Governing Law and venue. 113 This Agreement, including all of the Contract Documents is perforinable in the State of u, 114 Texas. venue shall be Tarrant County, Texas, or the United States District Court for the 11 e District Teas, Fort Worth Division. CITY OF FORT WORTH We t ide III&Iry Water Main Connection STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised,Inn 41,2City Project No, I1988 P 1 005243-4 Agreement Page 4 oIf 116 7.6 Other Provisions. The Contractor agrees to t least minimum, wage pier hour for all labor b as the same is 118 ciassified, promulgated and Set Out by the City, copy of which is attached hereto and 1 19 made a,part hi re f the same as t were copied verbatim r i w 120 7.7 Authority to Sign,. 121 Contractor shall attach e'vidence of authority to sign Agreement, if other than duly 22 authorized signatory of the Contractor. 123 124, IN WITNESS WHEREOF, Cif and Contractor tractor have executed this Agreement in e 125 c u terparts w 126 12,7 This Agreement is effective as of the last date signed by the Parties 28 Contractor. City of Fort Worth Comsat Construction IX, LP. I .,,_.,....,mm... w wow Fernando, Costa By: Assistant City Manager (Signature) wl Date Jerry Coniatser,PresiideM of Conatser management Group,,Irc.G, Sul'` Attest* (Printed, Name) ,N i Secretary (Seal)l fl o��Iyy I0 P I I 0 Title.-, 0I Address: 5327 wictiita street irth, 76119 Fort WoX Date,, Cit I AS `IState/Z r`Ior� and Legality. Date Douglas W. Black ss stant City Attorney 129 1,30 '131 APPR 'AL RECOMMENDED: 133 1 3 4 -- MWIiIUOVIlYMN01MOfIIIfIIfIffI0IN011011YfNV!NW. "� 3 Frank. 'IFOWFICIAL d I�rr� 0 81p rA uil DMECTOR, ID 13 Cl""'r'f� ��I����� ,�1 Water De went 138 Fir E Ww ()f R H,TX CITY OF FOR WON tl M VII VIVVIIN@ N N uY(NIINi M oI VFIR44(G1PII(µIIl bWftlGI6 V4bVM NV WMI YIgI1171N1#tlU U�YMIq es t s i e III V Water in Connection llAl/ H STANDARD CONSTRUCTION RUCTION SPEC ICATIO DOCUNiffiNTS Revised June 4,2012 City Project No.01988 MR W , 00 1 13- 1 PERFORMANCE BOND j„ Page I aft f; SECTION 00 6113 Bond# TXC 6 15 7'2 8 2 PERFORMANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS-, 6 COUNTY OF TARRANT § PIP �r hat we h a s 'Consruction L ., own "Principal"herein and Merchants, 8 Colmp,,any a corporate surety sureties, if more than one duly authorized to do business in the L�U ate e as�,� own as lure ty herein whether one or more), are held and firmly hound "row 10 unto the City of Fart Worth, a municipal corporation created p ursuant to the laws of'Texas, exas, I t known as "City,"herein, in the penal sung of, On MILLION and Thirteen rt+ en THOUSA D One 2 HIJNDRED ThLfty Eight DOLLARS AND For CENTS ($1,013,138.4, lawful money of 1 the�n�ited States,to be paid in Fort Worth, Tarrant County, Texas for the payment o which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors a nd ol 15 assigns,jointly and severally, firmly by these presents. ?P 16 Wi HERE S, the Principal has entered into a certain written contract with the City awarded the I8 da of March,-2014,, which Contract�ms part hereof �" hereby referred t� and made a� 18 fo�r all purposes as if fully s'et forth here�in,, to furnish all materials, equipment labor and other 19 accessories defied by law, in the prosecution of the Work, including any Change Orders, as 20 provided for in said Contract designated as Westside III&IV W tar Main Connection 2,1 Pr `ect Number 01988. l 22 NOW,T FORE,the condition of this obligation is such that its the said Principal 23 shall faithfully perform it obligations under the Contract and shall in all respects duly and 2 faithfully perform the Work, including Change Orders, under the Contract, according;to the plans, 25 s eci p fi catmons,, 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 I le in 29 Tarrant County, Texas or the United States District Court for the Northern District o:fTexas, Fort 30 Worth Division. t This bond is made and executed in cornpliance with the provisions of Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in 33 accordance with the provisions of said statue. P CITY OF FORT WORTH Westside 111&I­V Water~C'onncc,tio,n STANDA.RD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1,2011 City Project No,.019,88 f ,r l 0061 13-2 PERFORMANCE BOiND Page 2of2 1 I WITNESS WHEREOF,the Principal and the Surety have SIGNED and SEALED 11 2 this instrument by duly authorized agents,and officers on this the IS day f March,2014, u PRINCIPAL: f 4 Conatser Construction LP 5 6 %, 7 B Y: 8 gnature 9 ATTEST: r natser, :President of to Conatser Management Group, Inc. , GP 11 12 (Principal)Secretary 1' arne and Title 14 Ad -ess: P. 1. Box 15448 15 Fort Worth T'X 76119 1 17 18 With to P 19 SVRETY: o Merchants Bonding Company (Mutual) 1 2 3 *,J)r�cxjz� ': 24 Signatud 5 Carolyn Miples 26 Attorney—in_Fact 7 Name and Title 8 Address: 2100 Fleur D r i v e 30 Dies Moines, Iowa 50,321 31 17 32 33 Witness as to Sure Telephone Number: 8 0 0—678�—�'171 34 Nikki Ll kdams 35 6 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 Surety's physical address is different erel t frorn its mailing', address, both must be provided. 40 The date of the bond shall not be prior to the date the contract is awarded. 1 CITY OF FORT WORTH Westside III&IV Water Connection STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1,2011. City Project No.01 1988 0061 14-1 PAYMENT BOND Inge I of 2. Bond TXC6052 SECTION 00, 6114 2 PAYMENTBOND THE STAT ► of TEXAS §: 5: § KN01W ALL BY THESE PRESENTS. COUNTY of TARRANT 7 That we, Co atser Construction TI LP., no n " herein, an Merchants Bondincr Colm (__Mutual) a corporate surety 9 sureties), duly authorized to do business in the 58- State of Texas kno wn as ` Sure herein ty t 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' one MILLION and Thirteen THOUSAND one I Thirty Ei ht 3 DOLLARS AND Forq CENTS ($1,013,138.42)lawfLil money of the United States, to be paid in Fort Worth,, Tarrant County, Texas, for the payment of which sum well and true be made, we 5 bind ourselves, our heirs, executors, adrrrinistrators, successors and assigns,jointly and severally, 16 firmly by these presents 17 WHEREAS,Principal has entered into a certain written Contract with pity, warded the 1 18 of March 2014,whi 0061 14-2 PAYIVfENT BOND �t Page 2,of IN WITNESS u E the Princlipal and Surety have each SIGNED and SEALED 2 this instrument by duly u t o ze tints and officers on the the IS d,a f March, 1 3 PRINCIPAL Q' n is Q., ristrii, L L ._ _ .._ ATTEST: B Y: I tore Co J y(I V Management Group, Inc. ,, G (Principal) Secretary Name and,Title Address - 0- Box 1,5448 Fort Worth 76119 Wltde!�Kl�to Principal �Merchants Bonding Coma (Mutual) M BY Signature C r o n n apl,es in—Fact ('Surety) � �rtar awe and Title Pro Address; 2100 Fleur Drive Des Moin s, Iowa 50321. Witnes,s as to: Surety 1, i Note- signed an officer of the Surety, there must e on file a certified ext act from the bylaws showing that this person has authority, to sign such obligation. If Surety's physical address iff r t from its mal,ling address, both must be p,r l i e '.. 9 Thee date of the bond shall not be prior to the date the Contract is awarded. 10 END r F SECTION P,, CITY OF FORTWORTH Westside III&IV Water Main Con.necti n STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS U? Revised July 1,2011 City Project,No.01988 f 0061 19- 1. MAINTENANCE BOND Page,I of 3 SECTION 00i 6119 MAINTENANCE 3 4 THE STATE OF TEXAS KNOW ALL BY THESE PRIESENTS: COUNTY Y F TARRANT 7 That we Clonatser Construction T"x. p'. known as "Principal"' herein and Me r ch t s nding Co �� M t u a 1), a corporate surety(sureties, if moire than one) duly authorized to do business in the State of Texas, known as "Surety" herein (whether one or ore), are held and 10 firmly hound unto the City of Fort Worth, a Municipal corporation created pursuant to the lawns of 1 the State of Texas, known as "City" herein, in the sung of One MILLION and T bi rteen 1 "THOUS One D Thi EI 2h t DOLLARS AND Forty CENTSI$1,013,13 13 2 lawful money of the United States, to be paid in Fort Worth,Tarrant County, Texas, for payment 14 of which sum well and truly he made unto the City and its , uccess rs,, we hind ourselves, our 15 heirs, executors,, administrators, succe,ssors and assigns,jointly and severally, firmly by these 16 presents. 17 18 WHEREAS,the Principal has entered into a certain written contract with the City awarded the 19 18 Lax of' c � which Contract is hereh refried t and n made hereof for all ' purposes p rp s as if fully set forth herein,t famish all materials, equipment later and other accessories � ' 21 as defined by law, in the prosecution of the Work, includ,ing any Work resulting from a duly authorized Change Order(collectively,herein,the "Work"") as provided for in said contract and 231 designated as es side.III& TV Water ai*n Connection CL r � �ec � 9 . r and 2 2 61 WHEREAS, Principal hinds itself to use such materials and to so construct the Work in 7' accordance with the plans, specifications and Contract Documents that the Wort is and will.. f 28 remain free from defects in materials or workmanship for and during t: e period of two 2)years after the date efFinal Acceptance of the Work by the City Maintenance Period"); and 1 WHEREAS, Principal hinds itself to repair or reconstruct the Fork in whole or in part 7111111 32 upon receiving notice from the City of the need therefor at any time within the aintenanee 1 Period. '7 CITY OF FORT WORTH W stside III&I Wat r Main Connection STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised,Jule 1,2011 City Project No.0 1988 irvmmmummnummmm... in�m �..rv � .••—., ._ _.. r f O'O61 19-2 MArNTENANCE BOND "age 2 of 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 te the City, then this obligation shall become null and ; otherwise to remain in Full Force and effect., 5 6 PROVIDED,HOWEVER, if Principal shall fail so to repair or reconstruct any timely noticed defective Work it is agreed that the City may cause any and all such defective Wert to he repaired andJo,r reconstructed with alb associated costs thereof being bonne by the Principal and the Surety under this Maintenance h nd and PRO �" �,that if an legal action he filed on this Band,venue shall lie in 'arrant County, Texas or the United States District Court for the Northem District of Texas, For 3 Worth Division; and l PROVIDED FURTHER,that this obligation shall he continuous in nature and 16 successive recoveries may he had hereon for,successive breaches. f 1. CITY OF FORT WORTH�J f �rr �i Westside III&rV Water Main Connection STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1,2011 City Project Iglu.0 1988 00 61 19-3 MAINTENANCE BOND Page 3 of 3 I IN WITNESS WBERIEOF, the Principal and the Surety have each SIGNED and SEALED this 2 instrument by dull authorized agents and officers on this the 18 day of arch 2014. 3 CIA 6 BYE signature 10 ATTEST: Jerry Conatser, President of 1 12 Conatse Management Group, Inc. G a, 1 (Principal) Secretary Name and Title ddre s P. �. Box 4 16 Fort Worth,,_ TX 76119 17 18 Owl 1 Zvi es e Prinncip 20 SURETY: 21 Merchants Bond]"-ncf ComiDany (Mutual) 22 �. 23 24 BY: Lso�a- C r� �yh Maples 26 2 28 ATTEST., am and Title a Address: 2100 Fleur Drive 31 (Sure ty)Secretary Des Moires, IA 5,0 21 a 32 P Witness 4s to Surety Telephone umber. - 6 8- 1 1 ii Nikki L,. Adams " 6 *Note: If signed by are officer of the Surety Company, there must be on file a certfiled extract 37 from the by-laws showing that this, has authority t� sign f Surety's physical address is different from its mailing address, both must he provided.. 319 The date of the bond shall not be prior to the date the Contract is awarded. CITY OF FORT WORTH J r u�s Wes i e III&IV Water Main Connection STANDARD CONSTRuc*'rION SPECIFICATION DOCUMENTS Revised July 1 2011 City Project No,01 988 PIP "RCHANTS is Mt -:7ik BONDING COMPANYTM POWER OF' ATTORNEY Know All'Persons By These Presents,that MERCHANTS,BONDING COMPANY MUTUAL end �ERC.IAI ITS NATIONAL� �lC��, l INC.,both being corporations daub organized under the laws of the Steve of Iowa (herein collectively celled the"Companles and that the Cornpan,ies do hereby make,constitute and appoint,, individu,allya Carolyn ales Glenna av s� h Wlson Of Fort Worth and State of 'rexa► their true and lawful Attorney-in-Fact,with full power and authority hereby conferred in their place and�� � to sign, execute, acknowledge deliver in then behalf as surety any and all bonds, undertakings, recognizences or other written obligations in the nature thereof, subject to the limitation that any such instrument shell not exceed the amount f:: 'N SEVEN MILLION FIVE, HUNDRED THOUSAND($7,5001,000.00)DOLLARS and to blvd the Companies thereby as fully end,to the same extent as if such'band or undertaking was signed by the duly authorized officers of the Companies,and all the acts of said Attorney-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. i� lower-of-Attorney is made sand executed pursuant to end by authority of the following ley-Lewis adopted by the (Board of Directors of the Merchants Bonding Company(Mutual)on April 2,3,2011 and adopted by the Board of Directors of Merchants National Bonding, Inc,,on October 24,2011. ''The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any'dice:president shell have power and authority to appoint Attorneys-in-Foot,and to authorize them to execute,on behalf of the Company,and eattech the seal of the Company thereto, bonds and undertakings,,recognizances,contracts of indemnity and other writings obligatory in the nature th ere of'. The signature� of any authorized officer and the seal of the Company may be affixed by facsimile or a ectrona�tra transmission o any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertal ing,recognizance, or other suretyship obligations of the Company, end such signature and seal when so used shall have the same force and effect as though manually fixed.oil Its Witness Whereof,the Companies have caused this instrument to be signed and sealed this 4th day of October a 2013. lo to C « 4, , R C : ANTSBONDII' G COI�P'AN�""(MUTUAL) 10 MERCHANTS NATIONAL BONDING,INC. r is 0 03 It 1 933 Q1 Wil a , r ,STATE OF IOWA X00. �"rrr�r�rwF��`� �• �� President COUNT" OF P L es. day of October 2013,before d Larry Taylor,to me,perso�n�ally known,who being by me duly sworn di �n thin 4th rr-�e appeared seaythsat he is president of the MERCHANTS'BO DING COMPANY MUTUAL and MERCHAC TS NATIONAL BONDING, INC.,, and that the seals of xed to the foregoing instrument is the Corporate Seals of e Companies and that the said ins rraent was signed sand sealed in behalf of the Companies by authority of their respective Boards of Directors. In Testimony Whereof, I have hereunto set my hand and affixed my Official, Beal at the City of Des Moines, lose,the day and year first above written. r Commission Number 77031 My Commission Cxpir s, October 28 2014 Notary Public,Palk County,Iowa i r STATE OF IOWA: COUNTY OF POLK ss.: 7iill, "'�illserra"�+°arner, r,, ecreta of the I`�ERCl-tA.VT,B B+ �IIII'�lG Ct�l"�pAl��' UTUAL end'MERCHANTS NATIONAL BONDI ,M NC., do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORN EY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Fitness Whereof,I have hereunto set my hand and,affixed the seal of the Companies on this 8 da'y of March to " � ► —0— Secretary 1933 c� ML POA 0014 (11/11 "" w- • f, MERCHANTS BONDING COMPANYM MERCHANTS BONDING COMPANY(MUTUAL) - MERCHANTS NATIONAL BONDING, INC. 21010 FLEU DRIVF DES MOINES, t0WA 50321-1158 (800)678-8171 (515)243-3854 FAX IMPORTANT To obtain information or,make a complaint. You rra contact your inauiranca agent at the telephone number prov dad by your in uran � age . You may call Merchants Bvnduin, Company (Mutual) toll-free telephone number foir information or to make a complaint at*. 1-800-678-8171 IMP You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at 1-800-252_3439 You may write the Texas Department of Insurance at P. 0. Box 1491 Austin, TX 78714-9104 Fax: (512) 475-1771 Webs. http-://www.tdi,.state.tx.,us r E,-gnarl: Con su merPr taction @t r.taxas.g v PREMIUM AND CLAIM DISPUTES: Should you have a dispute c interning your prem%........urn or about a claim you should contact the agent first. If the dispute is net resolved, you may contact the Texas Department of Insurance. ATTACK THIS NOTICE TO YOUR POLICY-. This notice is for information only and does not become a pawn or condition of the attached document.. p,,. 1, SUP 0032 TX(12/13)