HomeMy WebLinkAboutContract 48980-FP1 C1TY SECREIW
CITY OF FORT WORTH a
JUN 2 5 2018 cowrR,9►crNo. b`
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""`�" " """ NOTICE OF PROJECT COMPLETION 5 6 11 1 o d�A
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Regarding City Secretary Contract. 48980, for the Caylor 5MG Ground Storage Tank
Repair and Ra , which was requested by the Water Department and approved by
City Council on February 14. 2017 through M&C C-28109, the Director of the Water
Deparhment.upon the recommendation of the Construction Manager, Travis Tatum.P.E.,
Dunham kn ne =has accepted the project as complete.
Final Payment Tsimate # 2 ) will be issued in accordance with Administrative
Regulation C-6.
Original Contract Price: $852,435.00
Amount of Approved Change Orders: 0.00
Revised Contract Amount: $852,435.00
Total Cost Work Completed. $813,865.00
Less Liquidated Damages: $24,250.00(@$250.00/Day)
Less Pavement Penalty: 0.00
Total Contract Cost: $789,615.00
Less Previous Payments: $131,400.00
Final Payment Due: $658,215.00
Z6104!2018
Recommended for Acceptance Date
Construction Manager,Dunham Engineering
/ 9
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Accepted Date
Director,Water Department
City Manager Date
City Secretary Contract 7 '0.4152-4,`''
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Date of Final Complgt1on Q `-V 4:- ate of mauty Start
February 26.2018
& ° OFFICIAL REC&W,ry26.2018
CITY SECRETARY
- FT.WORTH,TX
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IMPORTANT NOTICE
r To obtain information or make a complaint:
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r You may call Travelers Casualty and Surety Company of America and its affiliates' toll-
free telephone number for information or to make a complaint at:
r 1-800-328-2189
r You may contact the Texas Department of Insurance to obtain information on
companies, coverages, rights or complaints at:
r 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: ConsumerProtectiona)tdi.state.tx.us
r
PREMIUM OR CLAIM DISPUTES:
r Should you have a dispute concerning your premium or about a claim you should
contact your Agent or Travelers first. If the dispute is not resolved, you may contact the
Texas Department of Insurance.
r
r ATTACH THIS NOTICE TO YOUR BOND:
This notice is for information only and does not become apart or condition of the
attached document and is given to comply with Texas legal and regulatory requirements.
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(PN-042-B) Ed.10.18.07
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WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
I POWER OF ATTORNEY
TR"Q'VELE'`R S"Y Farmington Casualty Company� Y P Y St.Paul Mercury Insurance Company
Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company
Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America
St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company
St.Paul Guardian Insurance Company
Attorney-In Fact No. 228661 Certificate No. 006731455
l
KNOW ALL MEN BY THESE PRESENTS: That FarmingtonbCasualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance I
Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States
Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut,that Fidelity and Guaranty Insurance Company is a
corporation duly organized under the laws of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters,Inc.,is a corporation duly organized under the
laws of the State of Wisconsin(herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint
Anne Baker,J.Karl Sherrill,Jr.,and Robert J.Allonier t
j
S
of the City of High Point State of North Carolina their true and lawful AttorneY(s)m- -Fact,
each in their separate capacity if more than one is named above,to sign,execute,seal and acknowledge any and all bonds,recognizances,conditional undertakings and
other writings ntings obligatory in the nature thereof on behalf of the Companies i °
p s n their business of guaranteeing the fidelity of persons,guaranteeing the performance of �I
contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
{
i1
IN WITNESS WHEREOF,the
Companies have caused this 10th
his mstrumen
P t to be signed and d their corporate seals to be hereto affixed,flus j
day of March 2016
Farmington Casualty Company St.Paul Mercury Insurance Company
Fidelity and Guaranty Insurance Company a
P Y Tr velers Casualty It and Surety Company
Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America
St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company
St.Paul Guardian Insurance Company
CASU'1� 1Y Wn. `2EINS'.,,
Su
s�
cJSiY Ly0
�!•LORPORATf'yh•
:�` ,; 1977 195 Vis„ � { =�: -- w HARTFORD i �'wtRrFaRDI "rttn
a 1 a •S E A L '0'3 CONN. n CONN. g m 1896
,�' .. i sEAZ:3 Q
ANCu wc' 4°'IS '�'�
i
State of Connecticut By:
City of Hartford ss.
Rober[L.Raney, enior Vice President
On this the 10th da of March 2016
Y before me personally appeared Robert L.Raney,who acknowledged himself to
be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul
Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury` Insurance Company,Travelers Casualty and Surety Company,Travelers
Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,and that he,as such,being authorized so to do,executed the foregoing
instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
a;,.tlT
In Witness Whereof,I hereunto set my hand and official seal. ( ,(/A, C ,
My Commission expires the 30th day of June,2016. � * Mane C.Terreault,Notary Public
M
1
58440-8-12 Printed in U.S.A.
1
_WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUTTHE RED BORDER
I
ii
WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company,Fidelity
and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance
Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States
Fidelity and Guaranty Company,which resolutions are now in full force and effect,reading as follows:
RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,any Second Vice
President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf
of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the
Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any M
of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is
FURTHER RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President may
delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy
thereof is filed in the office of the Secretary;and it is
FURTHER RESOLVED,that any bond,recognizance,contract of indemnity,or writing obligatory in the nature of a bond,recognizance,or conditional undertaking
shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice
President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the
Company's seal by a Secretary or Assistant Secretary;or(b)duly executed(under seal,if required)by one or more Attorneys-in-Fact and Agents pursuant to the power
prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is
FURTHER RESOLVED,that the signature of each of the following officers:President,any Executive Vice President,any Senior Vice President,any Vice President,
any Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any
certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds
and undertakings and other writings obligatory in the nature thereof,and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal
shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on
the Company in the future with respect to any bond or understanding to which it is attached.
I,Kevin E.Hughes,the undersigned,Assistant Secretary,of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance
Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and
Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing
is a true and correct copy of the Power of Attorney executed by said Companies,which is in full force and effect and has not been revoked.
IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this day of 120 _
ill'�'" r$ /7��
.
Kevin E.Hughes,Assistant Seci tary
i
O ( T C o fit, Z C Pi ItyO0.PORAT�-'45 34` RPONgr''�< v t hM g ��
i 19,8 2� 0 197? g '
� }�.SEAL;o", 'n; �'s _�_ o€ w H CCNNpCi GoNMRDN 1896
'-�•.SEAL::a�
q, o a'•.•, y 6. D r '
............a�^
�� �S..AH✓ 'L'5r, n uwx.
To verify the authenticity of this Power of Attorney,call 1-800-421-3880 or contact us at www.travelersbond.com.Please refer to the Attorney-In-Fact number,the
above-named individuals and the details of the bond to which the power is attached.
t
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WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
0061 19-1
MAINTENANCE BOND
13
Pagel of 3
Bond Number: 106601038
1 SECTION 00 6119
2 MAINTENANCE BOND
3
4 THE STATE OF TEXAS §
5 § KNOW ALL BY THESE PRESENTS:
6 COUNTY OF TARRANT §
7
8 That we Utility Service Co.,Inc. known as 7
9 "Principal"herein and Travelers Casualty and Surety Company of America ,a.corporate surety
10 (sureties,if more than one)duly authorized to do business in the State of Texas,known as
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 sum of Eight Hundred Fifty Two Thousand Four Hundred Thirty Five&00/Sollars
14 ($ 852,435.00 ),lawful money of the United States, to be paid in Fort Worth,
15 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,administrators,successors and assigns,jointly
17 and severally,firmly by these presents.
18
19 WHEREAS,the Principal has entered into a certain written contract with the City awarded
20 theQ k day of FEB zuA ri y ,2012,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,
24 the"Work")as provided for in said contract and designated as Caylor SMG Ground Storage Tank
25 Repair and Repainting Project, City Project Number 02111; and
26
27 WHEREAS,Principal binds itself to use such materials 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 binds 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.
CITY OF FORT WORTH Caylor 5MG Ground Storage Tank Repair and Repainting Project
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project Number$2ltf
Revised July 1,2011
I
0061 19-2
MAINTENANCE BOND
Page 2 of 3
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.
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
12 PROVIDED FURTHER,that if any legal action be filed on this Bond,venue shall lie in
13 Tarrant County,Texas or the United States District Court for the Northern District of Texas,Fort.
14 Worth Division; and
15
16 PROVIDED FURTHER,that this obligation shall be continuous in nature and
17 successive recoveries may be had hereon for successive breaches.
18
19
y
20
I
d CITY OF FORT WORTH Caylor SMG Ground Storage Tank Repair and Repainting Project
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project Number-GJ 17
Revised July 1,2011
NJ
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
2instrument by duly authorized agents and officers on this the 1 day of F; r6otlef
3 .20
i
4
I
5 PRINCIPAL:
I 6 Utility Service Co.,Inc.
I 7
8 �
9 BY: u
I 10 Signature
11 ATTEST:
0 N // Curt Dimsdale,Director of Bid Department
o
���� \Gey..••• tl.;• ( *cipa ,. ecretary Shane Albritton Name and Title
T •
0
�4 '; G
F 0;� 6 Address: 535 Courtney Hodges Blvd
1w O �I ✓ = Perry,GA 31069
`7
CS 18
Z •.0.�C2$1. 20`\\; ess as to incipal SURETY:
/tillITravelers Casualty and Surety Company of America
P 23 -
24
25 /
26 Signature
27
28 J Karl Sherrill Jr., Attorney-in-Fact
29 ATTEST_: Name and Title
301 � AA.ILI� .C�
1Address: 1400 Eastchester Drive
32 ( Xsxamtwyxx Anita Chick,Witness as to Surety High Point NC 27265
33
34
35 Witness as to Surety Arne Baker Telephone Number: 336-878-7800
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, both must be provided.
40 The date of the bond shall not be prior to the date the Contract is awarded.
41
CITY OF FORT WORTH Cavlor 5AIG Ground Siorc e Tank Repair and Repainting Projec!
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project Number.Ci.; Y
Revised July 1,2011 /® +
AFFIDAVIT
THE STATE OF TEXAS §
COUNTY OF Tr,-^-«4Aivi'��c��1S �§
BEFO,R.E ME,_ the undersigned authority, on this day personally
appeared �' ��c.� � .�,�CAG\e , who being by me
(Name)
duly sworn, upon his/her oath deposed and said:
I. My name is U'A �le I am the
of LA XA�A e �. � J
he
(Title) Company Name)
and am authorized to make this Affidavit with respect
to City of Fort Worth Project No. W47-7
hereafter referred to as the "Project."
2. All persons, firms, corporations, and subcontractors
furnishing labor and/or material on the Project have been
paid in full.
3. The wage scale established by the City Council of the City
of Fort Worth has been paid on this Project.
4. There are no claims for personal injury and/or property
damages pending as a result of the Project.
0,, - �s� �,—
Name
Subscribed and sworn to before me on this \ �^ day
of
Not�Pubinand for the
State of Texas(-,,eri 11\k C�
CRISTYL SMITH
tary PAMIC-S ate d Geotel®
11T:Comm.
Peach County
EVkee Sep.19,2021
AFFIDAVIT OF BILLS PAID AND LIEN WAIVER BY CONTRACTOR
The undersigned Utility Service Company Inc. ("Contractor"), having furnished material and/or
performed labor in connection with the construction of Caylor SMG Ground Storage Tank Repair&
Repainting Proiect ("Project")of certain improvements located at 1300 North Cavlor Road Keller TK
76244 ("Property")for an inconsideration of the payment to the contractor of the sum hereinafter
specified does hereby acknowledge and release as follows:
Upon the receipt of $682,465 being payment on Invoice#2 dated 4/4/2018 for materials and/or
labor performed by the Contractor for the Project(the"Work");contractor will waive and release any
and all liens, rights and interests(whether choate or inchoate,and including,without limitation,all
mechanic's and materialmen's liens under the Constitution and the statutes of the "Property"state)
which are or may be owed,claimed or held by Contractor in and to the Property and the improvements
constructed thereon by reason of the Work.
Contractor represents,warrants, and certifies that all bills owed by the Contractor for materials
furnished and labor performed in connection with the Work have been or will be fully paid and satisfied.
If for any reason a lien or liens are filed for materials or labor against the Property by virtue of the
Contractor's participation in the Project by any person claiming by,through,or under the Contractor,
then Contractor will immediately obtain a settlement of such lien or liens and obtain and furnish to the
owners of the Property a release thereof.
Executedlk 20�.
Contractor Name Utilitv Service Co.. Inc.
By:
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Title:
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Witness
Subscribed and sworn to before me under my official seal of office this day of
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May 4, 2018
Travis C. Tatum P.E.
Dunham Engineering
12815 FM 2154, Suite 150
College Station, TX 77845
RE: Caylor 5MG Ground Storage Tank Repair & Repainting Project, Fort Worth, TX
Dear Mr. Tatum:
Please consider this letter as a request for an extension on the project due to weather delays. As of
December 22, 2017, Utility Service Company, Inc. (USCI) had requested a total of 34 additional days
due to inclement weather. USCI further requests an additional 30 days due to inclement weather (16
days due to rain & 14 days due to cold weather) and 2 days due to holidays (Thanksgiving & Christmas).
A list of all days has been attached to this letter. The request for delays does not include any Sundays,
which are considered as `No Inspection' days. USCI is requesting a total of 66 delayed days for the
project.
The project was completed, and the tank filled on February 26, 2018. The project was 163 days over time
from the contract completion date of September 16, 2017. After accounting for the weather delays and /
the holidays the project was over time by 97 days. At $250/day, USCI estimates a potential of $24,250
in Liquidated Damages for the project.
Although the project was delayed, USCI requests that Liquidated Damages are not assessed. USCI
completed the project and delivered a quality project. USCI went above & beyond to satisfy the city's
requests as a sign of good faith and to deliver a project to the customers satisfaction.
Sincerely,
4rsp�
Apury Aggarwal
Project Engineer
Utility Service Co., Inc.
535 Courtney Hodges Boulevard P O Box 1350 Perry, GA 31069
Local:478.987.0303 1 Toll-Free: 800.223.36951 Fax:478.987.9657 1 utilityservice.com