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HomeMy WebLinkAboutContract 46252 t CITY SECRE'TAW CONTRACT N07 FORTWORTH r *111� PROJECT MANUAL FOR THE CONSTRUCTION OF Bellaire Drive Water and Sewer Improvements Units IA &IB Drainage Improvements to Serve Bellaire Park Court Unit II Pedestrian Facility Improvements Unit III City Project Nos. 01081 & 02144 Betsy Price David Cooke Mayor City Manager S. Frank Crumb,P.E. b; PS••#.f' Director, Water Department 4r/� ~b it�l i Z I Douglas W. Wiersig, P.E. W:: a: Q:'� � v .Z/ Q : i Director,Transportation and Public Works Department Prepared for �RO:ES� The City of Fort Worth Water Department SIN September 2014 =OFFICIAR q -ZS Irlm ik I 1P DUNAWAlf teague nall & }jerkins REOEIVEO DEC 1 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 12/9/2014 - Ordinance Nos. 21590-12-2014 & 21591-12- 2014 DATE: Tuesday, December 09, 2014 REFERENCE NO.: C-27132 LOG NAME: 60BELLAIREWSD-CONATSER SUBJECT: Authorize Execution of a Contract with Conatser Construction TX, LP, in the Amount of$7,759,588.70 for Water, Sanitary Sewer and Storm Drain Improvements on Bellaire South Drive, Bellaire West Drive, Overton Park East Drive and Bellaire Park Court, Provide for Project Costs and Contingencies for a Project Total in the Amount of$8,500,767.70 and Adopt Appropriation Ordinances (COUNCIL DISTRICT 3) RECOMMENDATION: It is recommended that the City Council: 1. Authorize the transfer of$4,358,805.00 from the Water and Sewer Operating Fund in the amounts of $1,932,441.00 to the Water Capital Projects Fund and $2,426,364.00 to the Sewer Capital Projects Fund; 2. Adopt the attached appropriation ordinances increasing estimated receipts and appropriations in the Water Capital (Projects Fund in the amount of$1,932,441.00 and in the Sewer Capital Projects Fund in the amount of$2,426,364.00; and 3. Authorize the execution of a contract with Conatser Construction TX, LP, in the amount of $7,759,588.70 for Bellaire Drive Water, Sanitary Sewer and Storm Drain Improvements. DISCUSSION: On July 16, 2013, (M&C C-26346) the City Council authorized an Engineering Agreement with Teague Nall & Perkins, Inc., for the design of Bellaire Drive Water and Sanitary Sewer Improvements on Bellaire South Drive and Bellaire West Drive. This contract was subsequently amended to include the design of Overton Park East Drive sewer improvements by Amendment No.1 in the amount of$44,120.00, which was administratively authorized on February 19, 2014. On July 9, 2013, (M&C C-26319) the City Council authorized an Engineering Agreement with Dunaway Associates, L.P., for the design of Bellaire Park Court Drainage Improvements. In order to achieve construction efficiencies, the two projects were combined and bid collectively. This Mayor and Council Communication is to authorize a construction contract for the water, sanitary sewer and storm drain improvements as indicated on the following streets: IStreet From To Scope of Work I Bellaire South Drive Overton Park East Drive Bellaire West Drive Water/Sewer I Bellaire West Drive Bellaire South Drive Bellaire North Drive Water/Sewer Overton Park East Drive Bellaire South Drive Glenwood Drive[Sewer I Overton Park East Drive Bellaire South Drive Fox Hollow Avenue Sewer I Bellaire South Drive Overton Park West Drive Bellaire Park Co---]urt Storm Drain 1 Bellaire Park Court Bellaire South Drive 3llaire Park Court Storm Drain The project was advertised for bid on September 25, 2014 and October 2, 2014 in the Fort Worth Star-Telegram. On October 23, 2014, the following bids were received: Bidder I 11jime of Completion Conatser Construction TX, LP 11 $7,759,588.70 11485 Calendar Days William J Schultz, dba Circle C Construction=1 $8,936,019.30 S. J. Louis Construction of Texas Ltd. $9,135,358.16 Ark Contracting Services LLC $9,509,740.96 Atkins Brother Equipment Company , $9,942,650.00 Jackson Construction, Ltd $10,879,635.20 In addition to the contract cost, $436,000.00 (water: $28,000.00, sewer: $33,000.00 storm drain: $375,000.00) is required for project management, construction staking, material testing and inspection and $305,979.00 (water: $56,269.00, sewer: $69,710.00, storm drain: $180,000.00) is provided for project contingencies. M/WBE Office - Conatser Construction TX, LP, is in compliance with the City's BDE Ordinance by committing to 15 percent MBE participation on this project. The City's MBE goal on this project is 15 percent. This project is located in COUNCIL DISTRICT 3, Mapsco 75Y, 75Z, 89C, 89D and 89G. 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, the Water Capital Projects Fund, the Sewer Capital Projects Fund and the Stormwater Capital Projects Bond Fund. FUND CENTERS: TO Fund/Account/Centers FROM Fund/Account/Centers 1&2) P253 476045 60917021444 $1,932.441.00 1) PE45 538040 0609020 $1.932.441.00 1&2) P258 476045 70917021444 $2,426,364.00 1) PE45 538040 0709020 $2,426,364.00 2) P253 531350 609170214452 $5,000.00 3) P253 541200 609170214483 $1,875.647.20 I. 2) P253 511010 609170214480 $5,000.00 3) P258 541200 709170214483 $2,323,654.00 2) P253 541200 609170214483 $1.931,916.00 3) P227 541200 203280108183 $3.560.287.50 2) P253 531350 609170214484 $1,000.00 2) P253 531200 609170214484 $5,000.00 2) P253 531350 609170214485 $12,000.00 2) P258 531200 709170214452 $6,000.00 2) P258 511010 709170214480 $5,000.00 2) P258 541200 709170214483 $2,393.364.00 2) P258 531350 709170214484 $1,000.00 2) P258 531200 709170214484 $6,000.00 2) P258 531350 709170214485 $15,000.00 CERTIFICATIONS: Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: Andrew T. Cronberg (5020) Additional Information Contact: Roberto C. Sauceda (2387) ATTACHMENTS 1. 60BELLAIREWSD CONATSER Compliance Memo.pdf (CFW Internal) 2. 60BELLAIREWSD CONATSER map 01.pdf (Public) 3. 60BELLAIREWSD CONATSER map 02.pdf (Public) 4. 60BELLAIREWSD CONATSER map 03.pdf (Public) 5. 60BELLAIREWSD-CONATSER P253 AO15.docx (Public) 6. 60BELLAIREWSD-CONATSER P258 AO15.docx (Public) 7. CP 01081 FAR 00012.pdf (CFW Internal) 8. FAR-00003 CIP#02144 P253.pdf (CFW Internal) 9. FAR-00004 CIP#02144 P258.pdf (CFW Internal) 10. PE45-538040-0609020.docx (CFW Internal) 11. PE45-538040-0709020.docx (CFW Internal) ADDENDUM NO. 1 FOR UNITS IA & IB: BELLAIRE DRIVE WATER AND SANITARY SEWER IMPROVEMENTS UNIT II: DRAINAGE IMPROVEMENTS TO SERVE BELLAIRE PARK COURT UNIT Ill: INTERSECTION IMPROVEMENTS Water Project No. P253-603170214483 Sewer Project No. P258-703170214483 City Contract Nos. 02144 (Water) & 01081 (T/PW) D.O.E. No. 7092 (Water) & 6005 (T/PW) Addendum No. 1 Issue Date: October 13, 2014 Bid Receipt Date: October 23, 2014 This addendum forms part of the contract documents referenced above and modifies the original Contract Documents. Acknowledge receipt of this addendum by signing and attaching it to the Contract Documents (inside cover). Note receipt of the Addendum in the Bid Form and on the outer envelope of your bid. PLEASE 101AnE NOTE OF THE FOLLOWING REVISIONS: SPECIFICATION AND CONTRACT DOCUMENTS: 1. Section 00 11 13 Invitation to Bidders: The Invitation to Bidders is modified by this Addendum to reflect a new Bid Receipt Date. All other provisions of this section shall remain in effect. a Bids will be received until 1:30 PM, Thursday, October 23, 2014. 1 ADDENDUM NO. 1 Receipt Acknowledged: Water Department By: r� -iso f` Title: n f' By: T ny Sholola, PE Engineering Manager r Water Department i f i f I i i 2 ADDENDUM NO. 1 A ADDENDUM NO. 2 FOR UNITS IA & IB: BELLAIRE DRIVE WATER AND SANITARY SEWER IMPROVEMENTS UNIT II: DRAINAGE IMPROVEMENTS TO SERVE BELLAIRE PARK COURT UNIT III: INTERSECTION IMPROVEMENTS Water Project No. P253-603170214483 Sewer Project No. P258-703170214483 City Contract Nos. 02144 (Water) & 01081 (T/PW) D.O.E. No. 7092 (Water) & 6005 (T/PW) Addendum No. 2 Issue Date: October 20, 2014 Bid Receipt Date: October 23, 2014 This addendum forms part of the contract documents referenced above and modifies the original Contract Documents. Acknowledge receipt of this addendum by signing and attaching it to the Contract Documents (inside cover). Note receipt of the Addendum in the Bid Form and on the outer envelope of your bid. Failure to acknowledge the receipt of Addendum No. 1 could cause the subject bidder to be considered "NON-RESPONSIVE", resulting in disqualification. A signed copy of this addendum shall be placed into the proposal at the time of bid submittal. ATTACHMENTS TO THIS ADDENDUM: Section 00 00 00—Table of Contents, Pages 2R and 4R Section 00 41 00— Bid Form, Page 2R Section 00 42 43— Proposal Form, Pages 4R-7R. Section 00 45 12 — Prequalification Statement, Page 11 R Section 00 52 43—Agreement, Page 1 R Revised Plan Sheets— 5R-7R, 31 R, 33R, 34R, 37R, II-25R, and II-28R New Plan Sheets—37A-37C, 59-60 PLEASE MAKE NOTE OF THE FOLLOWING REVISIONS: 1 ADDENDUM NO. 2 CLARIFICATIONS: 1. No construction activity will be allowed within the Right of Way of Bellaire Drive South between August 15, 2015 and January 3, 2016. Any proposed construction not located within Bellaire Drive South Right of Way may be performed during this time. 2. Where cement stabilized sand backfill is called out in the plans, the cement stabilized sand backfill shall be a minimum of twelve inches above and six inches below the proposed pipe and be in accordance with City Specification 33 05 10. 3. Acceptable backfill will be used where in-situ soil conditions allow. Select backfill will only be used in locations where unacceptable in-situ soil is present. Refer to E City Specification 33 05 10, Section 2.2.A. 4. No trunk wrapping will be required in locations where temporary chain link fence is shown in the plans to be placed around existing trees. 5. Mulch shown in the "Tree Protection Trench Detail" on sheet 56 shall only be required in Overton Park on sheet 29. 6. Any tree trimming required for construction shall be the responsibility of the Contractor and will be subsidiary to all other work. All tree trimming must be performed by a licensed arborist. Certification of the licensed arborist shall be provided at the Pre-Construction meeting prior to any work being performed. Any tree trimming will require coordination with the City Forester for approval. 7. All proposed 30" Sanitary Sewer pipe material shall be fiberglass — open cut or tunneling. In areas where minimum 150 psi pressure rating pipe is called the pipe shall meet or exceed ASTM D3754 specifications. 8. Purposiey left Blank 9. It is acknowledged that the contractor is responsible for choosing the methods and means of construction for the 50-foot inlet structure at the pond on Bellaire Park Court. This may include draining the pond, coffer dam construction, or other means suitable to the location. The contractor will be responsible for returning all disturbed areas to original lines and grades, and preserve or protect or remove and replace (with prior approval of the homeowner's association which owns the pond site) trees, shrubs, hedges, and landscaping in or near the construction area. 10. With regard to the drainage and road replacement along Bellaire Park Court Fsouth of the cul-de-sac, the contractor is responsible for maintaining access to the affected homes. The contractor shall choose the methods and means of construction necessary to construct the storm drain and the roadway. 11. With regard to replacement of pavement striping and marking (markings, tape, and raised markers of various kinds and construction methods), the contractor shall replace existing markings with new as approved by the City, using means 2 ADDENDUM NO. 2 and methods described in the specification Section 32 17 23, Pavement Markings. Part 1, section 1A.A.1.b., Payment, of this specification is hereby revised that the cost of these items for various widths, various types various materials, and various colors shall be subsidiary to the street repair items. 12. With regard to the replacement of any existing vehicle loop detectors in the street, the contractor shall sawcut the new pavement in the affected locations, and install the loop detector wires and any required cables as included in specification Section 34 41 10, Traffic Signals. Part 1, section 1.2.A.19.b., Payment, of this specification is hereby revised that the cost of the sawcut, loop detector wire, cables, installation and other appurtenances shall be subsidiary to the street repair items. SPECIFICATION AND CONTRACT DOCUMENTS: 13. Section 00 00 00 - Table of Contents: Replace page 2 with 2R. Replace page 4 with 4R. 14. Section 00 41 00— Bid Form: Replace page 2 with 2R. Revisions made to Section 3 - Prequalification and Section 4 - Time of Completion. Item C in Section 3 is hereby revised to "Concrete construction/reconstruction less than 15,000 square yards," Item D is hereby revised to "Asphalt construction/reconstruction less than 15,000 square yards." Work time in Section 4, Item 4.1 is hereby revised to 485 calendar days. 15. Section 00 42 43— Proposal Form: Replace pages 4-6 with pages 4R-6R. Due to the project requiring the replacement of the full width of westbound lanes in Bellaire Drive South from Overton Park East to Bellaire Park Court, pavement quantities and proposal forms have been revised to reflect new pavement rather than pavement repair. Any concrete pavement repair quantity will be located outside of these limits. Replace the 2"d page 6 of 11 with page 7R of 11. Bid Item #108 9999.0013 Construction Allowance per LS, bid item description is hereby revised to 9999.0097 Storm Drainage Field Order Allowance per EA, with a Quantity of 150,000, a fixed unit price of$1.00, and a total bid value of$150,000. 16. Section 00 45 12 — Prequalification Statement: Replace page 11 with 11 R. Major Work Types have been revised. ,.F 17. Section 00 52 43 —Agreement: 3 ADDENDUM NO. 2 Vp- JPP '! Replace page 1 with 1 R. Revised Article 3.2 Final Acceptance. The Work will be complete for Final Acceptance within 485 calendar days. CONSTRUCTION PLANS: 18. Revised Plan Sheets: Replace sheets 5-7 with sheets 5R-7R. Pavement repair has been revised. Replace sheets 31, 33,and 34 with sheets 31R, 33R, and 34R. Sections of ^� proposed sanitary sewer have been revised to be installed by tunneling. Replace sheet 37 with sheet 37R. Proposed traffic control has been revised. ' Replace sheet II-25 with II-25R. Pavement repair layout has been revised. Replace sheet II-28 with II-28R. Pavement repair has been revised. 19. New Plan Sheets: Sheets 37A-37C are hereby added to the plan set.These sheets provide detailed traffic control plans for the installation of proposed sewer main M-189. Sheets 59-60 is hereby added to the plan set. This sheet provides details for pavement markings and sanitary sewer installation by tunneling. Receipt Acknowl ged: By: e C (�c-�a2r-- Title: ��tS i By: Roberto Sauceda, P.E. Project Manager Water Department i 4 ADDENDUM NO. 2 i 005243-1 Agreement Page 1R of 4 SECTION 00 52 43 A EMENT THIS AGREEMENT,authorized on IZ g is made by and between the City of Forth Worth, a Texas home rule municipality, acting by and through its duly authorized City Manager, ("City"), and Conatser Construction TX, L.P. , authorized to do business in Texas,acting by and through its duly authorized representative, ("Contractor"). City and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1.WORK Contractor shall complete all Work as specified or indicated in the Contract Documents for the Project identified herein. Article 2.PROJECT The project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Bellaire Drive Water and Sanitary Sewer Improvements&Bellaire Park Court Drainage From Bellaire Park Court to Overton Park Qy Pro'ectNo. 02144& 01081 Article 3. CONTRACT TIME 3.1 Time is of the essence. All time limits for Milestones, if any, and Final Acceptance as stated in the Contract Documents are of the essence to this Contract. 3.2 Final Acceptance. The Work will be complete for Final Acceptance within 485 calendeu— days after the date when the Contract Time commences to run as provided in Paragraph 2.03 of the General Conditions. 3.3 Liquidated damages Contractor recognizes that time is of the essence of this Agreement and that City will suffer financial loss if the Work is not completed within the times specified in Paragraph w 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 involved in proving in a legal proceeding the actual loss suffered by the City if the Work is not completed on time. Accordingly, instead of requiring any such proof, Contractor agrees that as liquidated damages for delay (but not as a penalty), Contractor shall pay City six hundred-fifty Dollars $650.00 for each day that expires after the time specified in Paragraph 3.2 for Final Acceptance until the City issues the Final Letter of Acceptance. CITY OF FORT WORTH Bellaire Drive Water and Sanitary Sewer Improvements, STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.02144 Revised August 17,2012 005243-2 Agreement Page 2R of 4 Article 4. CONTRACT PRICE City agrees to pay Contractor for performance of the Work in accordance with the Contract Documents an amount in current funds of seven million,seven hundred fifty nine thousand, five hundred eiehty eight dollars and seventy cents($7,759,588.70). Article 5. CONTRACT DOCUMENTS 5.1 CONTENTS: A. The Contract Documents which comprise the entire agreement between City and Contractor concerning the Work consist of the following: 1. This Agreement. 2. Attachments to this Agreement: a. Bid Form 1) Proposal Form 2) Vendor Compliance to State Law Non-Resident Bidder 3) Prequalification Statement 4) State and Federal documents(project speck) b. Current Prevailing Wage Rate Table c. Insurance ACORD Form(s) d. Payment Bond e. Performance Bond f. Maintenance Bond g. Power of Attorney for the Bonds h. Worker's Compensation Affidavit i. MBE and/or SBE Commitment Form 3. General Conditions. 4. Supplementary Conditions. 5. Specifications specifically made a part of the Contract Documents by attachment - or, if not attached, as incorporated by reference and described in the Table of Contents of the Project's Contract Documents. 6. Drawings. 7. Addenda. 8. Documentation submitted by Contractor prior to Notice of Award. 9. The following which may be delivered or issued after the Effective Date of the Agreement and, if issued,become an incorporated part of the Contract Documents: a. Notice to Proceed. b. Field Orders. c. Change Orders. d. Letter of Final Acceptance. CITY OF FORT WORTH Bellaire Drive Water and Sanitary Sewer Improvements, STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.02144 Revised August 17,2012 005243-3 Agreement Page 3R of 4 Article 6.INDEMNIFICATION 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the city, its officers, servants and employees, from and against any and all claims arising out of, or alleged to arise out of, the work and services to be performed by the contractor, its officers, agents, employees, subcontractors, licenses or invitees under this contract. This indemnification provision is specifically 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 part, by any act, omission or negligence of the city. This indemnity provision is intended to include, without limitation, indemnity for costs,expenses and legal fees incurred by the city in defending against such claims and causes of actions. 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, the city,its officers,servants and employees,from and against any and all loss,damage or destruction of property of the city,arising out of,or alleged to arise out of,the work and services to be performed by the contractor, its officers, agents, employees, subcontractors, licensees or invitees under this contract. This indemnification provision is specifically 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 part, by any act,omission or negligence of the city. Article 7.MISCELLANEOUS 7.1 Terms. Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 7.2 Assignment of Contract. This Agreement, including all of the Contract Documents may not be assigned by the Contractor without the advanced express written consent of the City. 7.3 Successors and Assigns. City and Contractor each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, in respect to all covenants, agreements and obligations contained in the Contract Documents. 7.4 Severability. Any provision or part of the Contract Documents held to be unconstitutional, void or unenforceable by a court of competent jurisdiction shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon CITY and CONTRACTOR. 7.5 Governing Law and Venue. This Agreement, including all of the Contract Documents is performable in the State of Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the ?� Northern District of Texas,Fort Worth Division. CITY OF FORT WORTH Bellaire Drive Water and Sanitary Sewer Improvements, STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.02144 Revised August 17,2012 005243-4 Agreement Page 4R of 4 7.6 Other Provisions. r The Contractor agrees to pay at least minimum wage per hour for all labor as the same is classified, promulgated and set out by the City, a copy of which is attached hereto and made a part hereof the same as if it were copied verbatim herein. 7.7 Authority to Sign. Contractor shall attach evidence of authority to sign Agreement, if other than duly authorized signatory of the Contractor. IN WITNESS WHEREOF, City and Contractor have executed this Agreement in multiple counterparts. This Agreement is effective as of the last date signed by the Parties("Effective Date"). City of Fort Worth Contractor: Conatser C nstruction TX, L.P. By: <�.�it� _ Fernando Costa By., Assistant City Manager Daft (Signature) .� M&C C- 2. Jerry Conatser Date Z-' (Printed Name) Attest: Title: President y ay r, i y Secretary Address: F®� 5327 Wichita Street (Seal) 0 City/State/Zip: Ap rove to Form and Leg 'tg Fort Worth,TX 76119 \ a 00 - �°OOOOOOOv00° Doug W. Black Iq$ i Assistant City Attorney APPROVAL_ RECOMMENDED: ppplC141-RECORD ' C-,P Andrew T. Cronberg, P.E. CITY gECRETpRY Interim DIRECTOR,Water Dep rtmen WORTH+TX 1000 Throckmorton Street Fort Worth, TX 76102 CITY OF FORT WORTH Bellaire Drive Water and Sanitary Sewer Improvements, STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.02144 Revised August 17,2012 Bond Number: 0187841 006113-1 PERFORMANCE BOND Page 1 of 2 ISSUED IN EIGHT(8)COUNTERPARTS SECTION 00 6113 PERFORMANCE BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we, Conatser Construction TX,LP ,known as "Principal"herein and Berkley Insurance Company ,a corporate ` surety(sureties,if more than one)duly authorized to do business in the State of Texas, known as "Surety"herein(whether one or more),are held and firmly bound unto the City of Fort Worth, a municipal corporation created pursuant to the laws of Texas, known as"City"herein, in the penal Seven Million Seven Hundred sum of, Fifty Nine Thousand Five Hundred Eighty Eight and 70/100 Dollars ($7,759,588.70 ), lawful money of the United States,to be paid in Fort Worth, Tarrant County,Texas for the payment of which sum well and truly to be made,we bind ourselves, our heirs,executors,administrators, successors and assigns,jointly and severally, firmly by these presents. WHEREAS,the Principal has entered into a certain written contract with the City awarded the yf' day of—fdv Wer ,2014 ,which Contract is hereby referred to and made a part hereof for all purposes as if fully set forth herein,to furnish all materials,equipment labor and other accessories defined by law,in the prosecution of the Work, including any Change Orders, as provided for in said Contract designated as Bellaire Drive Water and Sanitary Sewer Improvements,City Project No. 02144 NOW,THEREFORE,the condition of this obligation is such that if the said Principal shall faithfully perform it obligations under the Contract and shall in all respects duly and faithfully perform the Work, including Change Orders, under the Contract,according to the plans, specifications,and contract documents therein referred to,and as well during any period of extension of the Contract that may be granted on the part of the City,then this obligation shall be and become null and void,otherwise to remain in full force and effect. PROVIDED FURTHER,that if any legal action be filed on this Bond,venue shall lie in Tarrant County, Texas or the United States District Court for the Northern District of Texas,Fort Worth Division. r CITY OF FORT WORTH Bellaire Drive Water and Sanitary Sewer Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.02144 Revised July 1,2011 006113-2 PERFORMANCE BOND Page 2 of 2 This bond is made and executed in compliance with the provisions of Chapter 2253 of the Texas Government Code,as amended,and all liabilities on this bond shall be determined in accordance with the provisions of said statue. IN WITNESS WHEREOF,the Principal and the Surety have SIGNED and SEALED this instrument by duly authorized agents and officers on this the g�y day of Xevea4a" ,2014 . PRINCIPAL: Conatser Constru tion TX,LP BY: tgnature ATTEST: ' v' Jerry Conatser,President (Principal)Secretary Name and Title Address:5327 Wichita Street Fort Worth,TX 76119 Witness ass to Principal 49.0,41"34>av-) SURETY: Berkley Insurance Company BY: Signature V.DeLene Marshall,Attorney-In-Fact Name and Title Address: 475 Steamboat Road Greenwich,CT 06830 Witnesh as to Surety Sophinie Hunter Telephone Number: (866)768-3534 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. r CITY OF FORT WORTH Bellaire Drive Water and Sanitary Sewer Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.02144 Revised July 1,2011 Bond Number: 0187841 006114-1 PAYMENT BOND Page 1 of 2 ISSUED IN EIGHT(8)COUNTERPARTS SECTION 00 61 14 PAYMENT BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we, Conatser Construction TX,LP known as "Principal" herein, and Berkley Insurance Company , a corporate surety (sureties), duly authorized to do business in the State of Texas, known as "Surety" herein(whether one or more), are held and firmly bound unto the City of Fort Worth, a municipal corporation created purauant too.ihe l�ws of4he State of Texas, known as "City" herein, even ll ion even undre in the penal sum of Fifty Nine Thousand Five Hundred Eighty Eight and 70/100 Dollars - ($7,759,588.70 ), lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for the payment of which sum well and truly be made, we bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents: WHEREAS Principal has entered into a certain written Contract with City, awarded the 9f4 bPce*-_4 i day of November , 2014 , which Contract is hereby referred to and made a part hereof for all purposes as if fully set forth herein,to furnish all materials, equipment, labor and other accessories as defined by law, in the prosecution of the Work as provided for in said Contract and designated as Bellaire Drive Water and Sanitary Sewer Improvement, City Project No. 02144 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under the Contract, then this obligation shall be and become null and void; otherwise to remain in full force and effect. This bond is made and executed in compliance with the provisions of Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said statute. CITY OF FORT WORTH Bellaire Drive Water and Sanitary Sewer Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.02144 Revised July 1,2011 r 0061 14-2 PAYMENT BOND Page 2 of 2 ,. IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED this instrument by duly authorized agents and officers on this the _ ff 4 day of qM iterep+ber ,20 14 PRINCIPAL: Conatser Construction TX,LP PW ATTEST: BY: nat re M. Jerry Conatser,President (Principal)Secretary Name and Title Address: r' 5327 Wichita Street Fort Worth,TX 76119 Witness as to 11nc1 f,9A*10A1 S&)AJJ 5 SURETY: Berkley Insurance Company r ATTEST: BY: ' Signature V.DeLene Marshall,Attorney-In-Fact (Surety)Seerefory Don Cornell,Witness Name and Title Address: 475 Steamboat Road Greenwich,CT 06830 Witne as to Surety Sophinie Hunter Telephone Number: (866)768-3534 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. If 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. rM 11 END OF SECTION 12 ,f Y CITY OF FORT WORTH Bellaire Drive Water and Sanitary Sewer Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.02144 Revised July 1,2011 Bond Number: 0187841 006119-1 MAINTENANCE BOND Page I of 3 ISSUED IN EIGHT(8)COUNTERPARTS SECTION 00 6119 MAINTENANCE BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we Conatser Construction TX,LP , known as "Principal"herein and Berkley Insurance Company ,a corporate surety (sureties,if more than one)duly authorized to do business in the State of Texas, known as "Surety"herein(whether one or more),are held and firmly bound unto the City of Fort Worth, a municipal corporation created pursuant to the laws of the State of Texas, known as"City"herein, Seven Million Seven Hundred Fifty in the sum of Nine Thousand Five Hundred Eighty Eight and 70/100 Dollars ($7.759.588.70 ),lawful money of the United States,to be paid in Fort Worth, Tarrant County,Texas, for payment of which sum well and truly be made unto the City and its successors,we bind ourselves,our heirs,executors,administrators,successors and assigns,jointly and severally, firmly by these presents. WHEREAS,the Principal has entered into a certain written contract with the City awarded the-h day of -�+++ * , 2014 .which Contract is hereby referred to and a made part hereof for all purposes as if fully set forth herein,to furnish all materials, equipment labor and other accessories as defined by law, in the prosecution of the Work, including any Work resulting from a duly authorized Change Order(collectively herein, the"Work")as provided for in said contract and designated as Bellaire Drive Water and Sanitary Sewer Improvements, City Project No.02144;and WHEREAS, Principal binds itself to use such materials and to so construct the Work in accordance with the plans, specifications and Contract Documents that the Work is and will remain free from defects in materials or workmanship for and during the period of two(2)years after the date of Final Acceptance of the Work by the City("Maintenance Period");and WHEREAS,Principal binds itself to repair or reconstruct the Work in whole or in part upon receiving notice from the City of the need therefor at any time within the Maintenance IP Period. CITY OF FORT WORTH Bellaire Drive Water and Sanitary Sewer Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.02144 Revised July 1,2011 0061 19-2 MAINTENANCE BOND Page 2 of 3 NOW THEREFORE,the condition of this obligation is such that if Principal shall remedy any defective Work, for which timely notice was provided by City,to a completion r satisfactory to the City,then this obligation shall become null and void; otherwise to remain in full force and effect. M PROVIDED,HOWEVER, if Principal shall fail so to repair or reconstruct any timely rnoticed defective Work, it is agreed that the City may cause any and all such defective Work to be repaired and/or reconstructed with all associated costs thereof being borne by the Principal and the Surety under this Maintenance bond;and PROVIDED FURTHER,that if any legal action be filed on this Bond,venue shall lie in Tarrant County,Texas or the United States District Court for the Northern District of Texas,Fort Worth Division;and I PROVIDED FURTHER,that this obligation shall be continuous in nature and r� successive recoveries may be had hereon for successive breaches. s 1R PF on CITY OF FORT WORTH Bellaire Drive Water and Sanitary Sewer Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.02144 Revised July I,2011 0061 19-3 MAINTENANCE BOND Page 3 of 3 IN WITNESS WHEREOF,the Principal and the Surety have each SIGNED and SEALED this instrument by duly authorized agents and officers on this the day of -NevewAer- , 20 14 PRINCIPAL: Conatser Constru ion TX, LP i +k• BY: Signature ATTEST: P" Jerry Conatser,President (Principal)Secretary Name and Title Address: 5327 Wichita Street Fort Worth,TX 76119 .. Witn S SURETY: Berkley Insurance Company BY: Signature V.DeLene Marshall,Attorney-In-Fact ATTEST: Name and Title r J'� Address:475 Steamboat Road l)-seere%te ,, Don Corne ,Witness Greenwich,CT 06830 . 1 h/m& as to Surety Sophinie Hunter Telephone Number: (866)768-3534 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. PM CITY OF FORT WORTH Bellaire Drive Water and Sanitary Sewer Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.02144 Revised July 1,2011 No. BI-7280c 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, Lisa M. Bonnot, Vena DeLene Marshall or Sophinie Hunter ofAon Risk Services Southwest,Inc. of Dallas, TX its true and lawful Attomey-in- Fact, to sign its name as surety only as delineated below and to execute, seal, 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. ZI g This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware, cwithout giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following o resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January 25,2010: 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 3 c attomey-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 F- manner and to the extent therein stated;and further 0 RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney-in-fact named; and further co RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any t.5 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 E ceased to be such at the time when such instruments shall be issued. IN WITNESS WHEREOF, the CompApy has cau d these resents to be signed and attested by its appropriate officers and its c �n corporate seal hereunto affixed this day of ,2014. Attest: Berkley Insurance Company co n (Seal) By By Ira S.Lederman J y .Hafter Senior Vice President&Secretary for ce President 0 WARNING: THIS POWER INVALID IF NOT PRINTED ON BLUE"BERKLEY"SECURITY PAPER. y STATE OF CONNECTICUT) 5 ) ss: N r, COUNTY OF FAIRFIELD ) o /� f71 Sworn to before me, a Notary Public in the State of Connecticut, this L day of +/� , 2014, by Ira S. Lederman and y Jeffrey M.Hafter who are sworn to me to be the Senior Vice President and Secretary,and t1i Senior Vi President,respectively,of Berkley Insurance Company, p1A tm c.RUNDBAKEN NOTARY PUBLIC !/lam L'• �'"L� c Ivry COMMISSION EXPIRES 1,fouiry Public, State of Connecticut •2 APRIL 30.2018 CERTIFICATE z 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. PF« Sfr Given under my hand and seal of the Company,this 4F day of ( �� (Seal) Andr . Tu a IMPORTANT NOTICE To obtain information or make a complaint: You may call Berkley Surety Group, LLC and its affiliates by telephone for information or to make a complaint: BERKLEY SURETY GROUP, LLC Please send all notices of claim on this bond to: Berkley Surety Group, LLC (866) 768-3534 412 Mount Kemble Avenue, Suite 31 ON Morristown, NJ 07960 Attn: Surety Claims Department 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: P. O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: http://www.tdi.state.tx.us E-mail: ConsumerProtection(a-tdi.state.tx.us PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact your agent or Berkley Surety Group, LLC first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR BOND: This notice is for information only and does not become a part or condition of the attached document and is given to comply with Texas legal and regulatory requirements.