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ulty or Texas
too munication
mayor and 1
COUNCIL ACT10,114:11 Approvedon 411/20,14 -Ordinance No., 21185-041-2014 &2111186-44*2014
DATE,- Tues,da�y, April 01, 2014 REFERENCE NO.1-, **C26744
LOG NAME,,- 60SS78JACKSON
SUBJECT-*
Authorize Execution of a Contract with Jackson Construction,, Ltd.I in the Amount of$608,000.00 for
Sanitary Sewer Rehabilitation, Contract N�ol., 7'81, on Oakmont Lane, Pershing Avenue, Horne Street and a
Sanitary Sewer Easement,, Provide for Project Costs and Contingencies for a Project Total Cost in the
Amount of$670,,4010,0I01 and Adopt Appropriation Ordinances (COUNCIL DISTRICTS 4 and 7)
RECOMMENDATION,,:
It is recommended that the, City Council.
1. Authorize the transfer of$1670,400.,00 from the Water and Sewer Operating Fund to the
Sewer Capital Projects Funds in the a ,,826.00 and the Water Capital Projects
Fund in the amount of$224,574.00,
2. Adopt the attached appropriation ordlinances increasing lestimateld receipts and appropriations
in the Sewer Capita' Projects Fund in the amount of$445,826.,00 and the Water Capital Projects
Fund in the amount of$224,574.00 from the available funi ds; and
3. on the execution of a contract with Jackson Construction, LtdI. in the amount olf'$608,0!00.00
for Sanitary Sewer Rehabilitation, Contract 7.
DIIISCUSSION:;
On June 14,: 2011, (M&C C-24967) the City Council authorized an Engineering Agreemlient,with
Bury+Partners-DFW, Inc., for the preparation of plans and specifications for Sanitary Sewer
Rehabilitation, Contract 7'8.,
This Mayor and Council Communication is to authorize a construct,ion contractfor the replacement of the
deteriorated water and/or sanitary sewer mains, as indicated on the, following streets,-
,Street rom�
Ls:c:o:,jp:e
Sanitary Sewer �Eas,emient lWestiover Drive, �oa Road iSewer
between housies,
Oakmoint Lane Havenwood North Dead End Wiater/Sewer
Lane
[P�_r_shing_Aveny�_ Dean Lane
'ISewer
Horne Street �El Campo Avenue Coll�in�wood Sewer
ve n
Logii,cime: WSS78-JACKSON Page I
The project was advertised for bid on October 24) 2013 and October 31 1 2013, in the Fort Worth Star-
Tglegram. On November 14, 2013, the following bids were received.,
LBIdder ........�6 ii�unt Time of Completion
D Builders Inc., 468.601 18-6. Calendar Days
11"Utilitex Construction, Inc. $598,3919.0 0*
Plackson Construction, Ltd�. F$608):000.00
feJas, Commercial Construction, $625,721.00
LC
C Contractors, LLC 1 71 917 95.11
Atkins Brothers Equipment, $7857425.00
Company
Contracting Services, LLC $787 711.
*CD Builders, Inc., (CDBI , a new contractor to thile City, was also the low b,idde�r on another City 'Water
Department project, Water and Sanitary Sewer Replacement Contract, 2,009, STM-MI (09STM-M)�, and has
ongoing contracts for at least three TPW Stormwater projects. After reviewing CDBI"s qua,lifications,
equipment and manpower availability with regai,rd to its ability to successfully complete both Water
Department projects on time and without incident, Staff has deters i'ned that it would not be responsible for
the City to award both contracts simultaneously to C,DBI. A separate Mayor and Council Communication
recommending award to CD BI of the 09STM-M Contract is proceeding concurrently. Staff informed CDBI
that it may be considered for award of multiple water and/or sanitary sew ir re�pliac,ement/rehabilitation
projects in the future pending its performance on this recommended project.
**Utilitex Construction, Inc., as been determ�ined, to be non-respons,ive to, the contract specifications due
to failure to submit the required, M/SBE documentation.
Staff recommends that the contract be awarded to the next lowest responsive and responsible bidder,
Jackson, Construction, Ltd,.
MIWBE Office —Jackson Construction, Ltd. is in compliance with the City's, B Ordinance by committing
to six percent MBE participation and documenting good faith effort. Jackson Construction, Ltd identified
several subcontractor and supplier opportunities,; however, the, IVIBE's contacted in the areas identified did
not submit the lowest bids. The City's MBE goal on this proj I ect is 10 percent.
I - Sewer.- $21 000.00), is required for
In addition to the contract cost, $32,000.00 (Water: $11 1000.001
construction staking, inspection and material testing and $301,4 1.00 (Water,: $10,170.00; Sewer:
$20,1230.001) is provided for project, con,tingenic,iies.
The project is located in COUNCIL DISTRICTS 4 and 7, Mapsco 74H and 788.
FISCAL INFORMATION /CERI-1 IFICATION-K
The Financial, Management Services Director certifies that upon appirovall of the above recommendations
and adoption of the attached appropriation ordinances, funds will be available in the current capital
budgets, as appropriated, of the Water Capital Projects, Fund and the Sewer Capital Projects Fund.,
FUND CENTERS:
Logname: 60SS78-JA(".K.SON' Page 2 of 3
............... ........... .... .. .
TO Fungi/ ccouun e t r un c oun e s
253 47604,5 607170149OZZ 224..574.00 5380140, 06019,020 1224 �7
1:&2) P258 476045 707170149OZZ $44-5.1826.00 1) PE45 538040 0709020 44.5
826.
2 531 701 253 5141200 60717'011490183 2 .
2 2 51101 0,71 70149080, P258 541200 707170149083
2 P2 5412 1 X 13 ` 1
2) P253 531350 607170149,084 �1 4 500.001
2 P2 513, 531200 60,7170149084 0.
2 258 531350, 1 70149052 $4,000.00
2) P258 511010 1 9! 5 0 $3,0100.
2) P258 51412010 7071701490813 1424, 2 0
2) P258 531350 7071 84 010.00,
2) P2581 531200 7071 0149084 $4,000.00
P258 531350 707170149085 $8,000.010
Submifted for Cily Man,ager's, Office Ferna ,dio Costa (61,22)
Ors i iatin D artm�e t Head: S. Frank Crumb (8207)
Additional Informat'i"on Contact: Robierto ,& Sauceda (2387)
ATTACHMENTS,
1. 60,SS78-J'ACKSO,N COMPLIANCEpdf (CFW Internal)
2. 7 -
- ' a lic
4. S78-JACKS (Public)
. 6 -JACK O. cx ualic
6. 60 7 -JACK . ' cx (Public
7'. FAR-03 C P 490 P253,p (CFW Internal)
9. PE,45,-5380,4101-06090201.docx (CFW lin,ternal)
5380 - . ocx (CFW Internal
Logia e: 60SS78-JACKSON Page 3 of 3
1
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0 52 4 _1
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SECTION 00 52 43
AGREEMENT
j
3
4 THIS AGREEMENT, authorized on�. �. °V -s made by and between the City of Forth
fl a Texas home role m nic�iPality acting and through its duly authorized City Manager,
("City"),, and. Jackson Constru action Ltd» ,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:
(t
10 Arficle 1.WORK
11 Contractor shall complete all Work as specified or indicated in the Contract Documents for the
P"ro ect identified herein.
13 Article 2.PROJECT
14 The project for which the Work under the Contract Documents may he the whole or only a Part is
5 generally described as follows:
16 SANITARY SEWE REHABILITATION CONTRACT 78
7 CITY PROJECT NO. 014901
18 Article 3. CONTRACT'TIME
19 3.1'. Time is of the essence.
All time limits for Milestones, if any, and Final Acceptance as stated in the Contract
21 Documents are of the essence to this Contract.
/
22 3.2 Final Acceptance.
ptance.
2 The Work will be complete for Final Acceptance within days after the date when the
24 Contract Time commences to run as provided in Paragraph 2.03 of the General Conditions.
5 3.3 Liquidated darnages
26 Contractor recognizes that time is of the essence of this Agreement and that City Will
r suffer financial loss if the Work is completed within the times specified in Paragraph
�7 not
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
involved in rovi
� in a loyal proceeding the actual loss suffered by the City if the Work
31 is not completed on time. Accordingly, instead of requiring any such proof, Contractor.
32 agrees that as liquidated damages for deela (but not as a Penalty), Contractor shall pay
33 City
dollars �`dr each day that expires after the time
specified in Paragraph 3. or . anal Acceptance until the City issues the Final Letter of
35 Acceptance..
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CITY OF FORT WORTH SANITARY SEWER REHABILITATION CONTRACT 7
STANDARD C'ONs,rR CTIO SPECIFICATION DOCUMENTS NTS "ITY PROJECT NO.01490
Revised August 17,2012
�r
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005243-2
Agreement
Page 2 of 4
36 article 4. CONTRACT PIUCE
City agrees to pay Contractor for performance of the Work in,accordance with the Contract
38 Documents are amount in current funds of Six Hundred Thousand and Dollars
3 ' !' a,,
40 Article 5.CONTRACT DOCUMENTS
41 5.1 CONTENTS:
42 A. The Contract Documents which comprise the entire agreement between City and
43 Contractor concerning the Work consist of the following,
44 1. This Agreement.
45 2. Attachments to this Agreement:
46 a. Bid.Form
47 1) Proposal Form
4 Vendor Compliance to Statue Law Non-Resident.bidder
49 3) Prequalification Statement
50 ) State and Federal documents(pro ec specific)
t h. Current Prevailing Wage Rate Table
2 c. Insurance ACORD1 Foirm(s)
3 d. Payment Bond
5�4 e. Performance Bond
55 f Maintenance Bond
56 g. Power of Attorney for the Bonds
57 h. Worker's Compensation Affidavit
59 3. General Conditions.
60 4. Supplementary Conditions.
5. Specifications specifically made a part of the Contract Documents by attachment
2 or, if not attached, as incorporated by reference and described in the Table of
3 Contents of the Project s Contract Documents.
64 6. Drawings.,
65 7. Addenda.
6 8. Documentation submitted by Contractor prior to Notice ofAward.
9. The following which may be delivered or issued after the Effective .date of the
Agreement and,if issued,become are incorporated,part of the Contract Documents:
69 a. Notice to Proceed
h. Field Orders.
71 c. Change Orders.
2 d. Letter "Final Acceptance.
3
4
CITY OF FORT WORTH SANITARY SEWER REHABILITATION CONTRACT 78
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.0 1490
i
Revised August 1 7,20 1.2
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L
005243-3
Agreement
Page 3 of
75 Article 6. INDEMNIFICATION
76 6.1 Contractor covenants and agrees, to indemnify, hold harmless and defend, at its own
77 expense, the city, lts officers, servants and employees, from and against any and all
78 claims, arising out of, or alleged to arise out of, the work and services to he performed.
79 by the contractor, Its officers, agents, employees, subcontractors, licenses or invitees,
o under this contract. This indemnification provision is specifically 'Intended to operate
1 and he effective even if it s alleged, or proven that all or some of the damages, hie%n
82 son ht were caused in lobe or in I!r!,bj an yet omission or �� �� c of tl e
83 This indemnity provision is intended to 'Include, without limitation, indemnity for
9
84 costs,expenses and legal fees incurred by the city in defending against such claims and
causes of actions.
7 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense,
j' 88 the city, its officers,servants and employees,from and against any and all loss,damage
89 or destruction of property of the city,,arising out of,or alleged to arise out of the work
go and services to be performed by the contractor, its officers., agents, employees,
.
subco ntr��tols Hnsees invtees under this contract. This indemnification
cnton
92 ro° ion js specifically intended to operate and he effective even f it is alle ed or
9 coven that all or some of the damages hen son htt were caused in whole or in partil,
�t 94 h an act,omission or ne Ali enee of the ei
�f
9
96 Article 7,MISCELLANEOUS
r1i.111111!
97 7.1 Terms.
Terms used in this Agreement which are defined in Article l of the General Conditions will
1
9� have the meanings indicated in the General Conditions.
100 7.2 Ass gnrnent of Contract.
101 T' � including all of the Contract Documents may not he assigned by the
This Agreement, �n
it�
.lob Contractor without the advanced p ress written consent of the f
103 7.3 Successors and Assigns.
r%
1 4 and Contractor each hinds itself, its partners, suooeessors, assigns, and legal
1,05 representatives to the other party hereto, in respect to all covenants, agreements and
106 obligations,contained in the Contract Documents.
ents.
107 7.4 erabilit .
�r
108 provision or art of the Contract Documents held to e unconstitutional.� p" zonal, voxd or
109 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all
110 remaining provisions shall continue to be valid and binding upon CITY and
111
CONTRACTOR.
112 7.5 Governing Law and Venue.
113 This Agreement,1 Agreement, including all of the Contract Documents is performable in the State of
11 Texas, Venue shall be Tarrant County, Texas, or the United States District Court for the
115 Northern District of Texas port Worth Division.
Di s
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CITY of FORT WORTH ANT Y SE R.REHABILITATION CONTRACT 's
STANDARD CONSTRUCTION SPECIFICA'I'ION DOCUMENTS CITY PROfE,"T NO.01490
Revised august 17,2'012
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005243-4
Agreement
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Iage4of4
116 7.6 Other Provisions.
117 The Contractor agrees to pay at least minimum i
wage per hour for all labor as the same is
118 classifi,ed, promulgated and set out by the City, a copy of which is attached hereto and
'119 made a part hereof the same as i "it were copied verbatim herein.
120 7.7 Authority to Sign.
121 Contractor
hall attach evidence of authority to sign Agreement, if other than my
122 authorized,signatory of the Contractor.
123
124 IN WITNESS WHEREOF, City and Contractor have executed, this Agreement in multiple
1251 counterparts.
126
127 This Agreement t isM effective as of the last date signed by the Parties(""Effective Date").
128
Contractor: City of rt
Jackson Construction, Ltd.
10 n, Costa
Assistant City,Manager
Signa e !
Date
LARRY H.-JACKSM
w
(Printed Name) City Secretary
TiRresdent, o$GMIOW pmtw (Seal)
OF
Address: 5112 S Vale .Drive 0,�����
M&C a C 00
Date:
01 IRRI,
ec
oA
M
alt Mate fort Worth, x gougl as to Form r
ry
Date W. lack
Assistant City Attorney
129
f
131
1,31 APP RECOMMENDED:
13,2 �
133 „
134
135 S. Frank Crumb,P.E.
136 director,
137 "mater Department
OFFIMAL R,ECO
Cffy SECKTARY
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'ilWNI'MII'I NIIIIIIUV�NO��fM' IIGA:W7WIVAIm'wri '�
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CITY OF'F SANITARY SEWER REHABILITATION CONTRACT 78
STANDARD CONSTRUCTION SPECIFICATION DOC"'UMEN"I" "IT'S''PROJECT NO.0 149
Revised August 17,2012
Ila,
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61 13_I
PER O1. 1.A1" CE BOND
Pace 1 of
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SECTION 00 61 13
2 PERFORMANCE BOND
Bond#1009441
4 THE STATE OF TEXAS §
5 § KNOW ALL BY THES E RESENTS
7
That we Jackson ConstruotLon l td. known as"Principal"'heroin and
.� corporate y
The Renewer Insurance Company � �� �s��rot (sureties, if more than
10 one)duly authorized to do business in the State of Texas,as, kno vn as"Surety"'herein(whether one
or more), are hold and firmly bound unto the City of Fort Worth,,a municipal corporation created.
12 pursuant to the laws of Texas, known vn as"City"herei n,in the penal sum of . . SIX HUNDRED
NDRE:
13 EIGHT THOUSAND SAN AND 001/100 Dollars($__608,000.0 , lawful money
MvP 14 of the United States,to be paid in Fort Worth,Tarrant County,Texas for the payment o 'which
15 sung well and truly to be made, we bind ourselves,our heirs,executors, administrators, successors
16 and assigns,jointly and severally,firmly by these presents.
I
17 WHEREAS, the Principal has entered into a curtain written contract with the City
18 awarded the I St-. day of A41e ... .._ 20 which Contract is hereby referred to and
19 made a part hereof for all purposes as if fully sot forth heroin,to furnish all materials, equipment
20 labor and other accessories defined by law, in the prosecution of the Word,, including any Change.
1 Orders, as provided for in said Contract designated as SANITAPY SEWER REHABILITATION
22 C N C—f 78,CITY OJECT NO. 0 1490.
3 Nom", THERE FORE, the condition o f this obligation is such that if the said principal
.a
24 shall f"aitl filly perfor m it obligations under the Contract and shall in all respects duly and
25 faithfully perform the Work, including Change Orders, under the Contract, according to the plans,
26 specifications, and contract documents therein referred to, and as well during any period of
extension of the Contract that may he granted on the part of the City, then this obligation shall he
28 and become null and void, otherwise to remain in Full force and effect.
PROVIDED FURTHER, that if any legal action he filed on this Bond,venue shall lie in
Tarrant County,"texas or the United Staten District Court for they Northern D strict of Texas,Fort
1
1 "worth Division.
CITY OF FORT WORTH SANITARY SEWER REHABILITATION rATION ONT CT 78
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.01490
Revised MIP July 1,2011
"''^"""^"'"" wnmwrvw vrvrvrvrvrvrv%HYIIIIIItlNH f AAM%MVrvrvry rvrvrvrvrvrvrv%ttIllOf l rvrvrvrvrvrvrvrvrvrvrvn AArt f MMNMlrvrvrvrvry nrvrvrvrvrvrvn mrvrvlry
0061 13-2
PEIUORMANCE BOND
Page 2 of
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
3 accordance with the provisions of said statue.
4 IN WITNESS W ERE the Principal and the,Surety have SIGNED ED are SEALS
this,instrument by duly authorized agents and officer on this they day of....
6 OL
12
7 PRINCIPAL:
Jackson Construct on Ltd.
9
1
., wti
12 Signatere
13 ATTEST':
1.4
Larry H Jackson, Presiodent of JC I Partners ,
1 pal)Slecret
rV
a Name and Title Inc. General Par t ner
1
18 Address.- 5112 Sup.Valle Drive
19 port Wortli,Texas 76119, �
20
1
2 Witness as to hci
2,3 SURETY., 4an
24 The Hanover�
W,w W ..im
.25
26 Ole"
el,0001 °��
110,
//,m
BY: ratury
2
30 Jack-M 'Crowley., Attorney �n Fact
3 1 Name and Title
32
33 Address: 51305 North Dulles Parkway,
m
5 TX 75001
µ,
37 Witness as to Sure T lephor e 1" umber: 972-385-9800...
8
319 MINE
41
41 Note: If signed by an officer of the Surety Comb y, there must e on file certified extract
42 from the by-laws, showing that this arson as authority tow sign suc obligation. If
43 Surety's physical address s different from its,mailing address, both must be provided.
44 The date of the bond shall not be prior to the date the Contract is awarded.
45 OWN
C"1TY OF FORT WORTH SANITARY SEWER REHABILITATION CONTRACT 78
STANDARD CONSTRUCT]ON 1'ECIFI TIO DOCUMENTS CITY PROJECT NO.01490
R iced July 1,2011 1
1
I"
fj
THE HANOVER INSURANCE COMPANY
MASSACHUSETTS BAY INSURANCE COMPANY
,r.
CITIZENS INSURANCE COMPANY OF AMERICA
POWERS OF ATTORNEY
CERTIFIED COPY
OW ALL MEN BY THESE PRESENTS: That THE HA OVER INSURANCE CCU PA JY"and MASSACHUSETTS BAY INSURANCE COMPA N"Y,both being
corporations organized)and existing under the laws of the State of New Hampshire,and CITIZENS INSURANCE COMPANY OF AMERICA,a corporation
organized and existing under the laws of the State of Michigan,do hereby constitute and appoint
Steven R. Foster,Jack M.Crowley,Patricia A.Smith and/or'Marie(Perryman
of Dallas,TX and each is a true and lawful Attorney(s)-in-fact to sign,execute,seal,acknowledge and deliver for,and on its behallf,and as its act and deed
any place within the United States,or,if the,following lino'be filled in,only within the area therein designated any and all bonds,recognizances„undertakings,
contracts of indemnity or other writings obligatory in the natu.ure thereof,as follows.
Any such obligations in the United 'States, not to exceed Thirty Five Million and No/10 0($35,0100,01001)in any single instance,
11 and said companies hereby ratify and confirm all'and'whatsoever said Attorneys)-in-fact may lawfully do in the premises by virtue of these presents.
Thaw appointments are,Wade under and by authority of the following Resolution passed by the Board of Directors of said Companies which resolutions
are still in effect:.
"RESOLVED,That the president or any Vice President,in conjunction with ith any 'ice President,be and they are hereby authorized and empowered to appoint
Attorneys-wn-tact of the Company,in its name and as its acts,to execute and acknowledge for and on its behalf as Surety any and all bonds,recognizances,
t waivers of citation and all other vwritwn s obli ator wn the natuWure thereof,with power to attach thereto the seal of the Company An such
contracts of indernni � y� p p y y
writings so executed by such Attorneys-in-fact shall be as binding upon the Company as,if they had been duly executed and acknowledged by the regularly
elected officers of the Company in their own proper persons,"(Adopted October 7, 1981 -The Hanover Insurance Company;adopted,April 14„ 1982
Massachusetts Bay Insurance Company-,Adopted September 7,2001 _Citizens insurance Company of America)
IN WITLESS WHEREOF, THE HANOVER INSURANCE COMPANY, MASSACHUSETTS BAY" INSURANCE COMPANY* and CITIZENS INSURANCE
COMPANY CAP AMERICA have caused these presents to be sealed with their respective corporate seals,duly attested by two"dice Presidents,
this 5th day of December 2011
THE HANOVER,INSURANCE COMPANY
w� S S BAS"INSURANCE COMPANY
CITIZENS,, URANC� MP"AN Ole" NERD
A � ! �! CA
THE COMMONWEALTH ss. Joe
COUNTY CE WORCESTER MASSACHUSETTS 1 o Arenstrom.,, uce President
Can this 5thi day of December 2011 before me carne the above named"dice Presidents of The Hanover Insurance Company,Massachusetts Bay Insurance
Company and Citizens Insurance Company of America,to me personally known to be the individuals and officers described herein,and acknowledged that the
seals affixed to the preceding instrument are the corporate seals of The Hanover Insurance Company,Massachusetts Bay Insurance Company and Citizens
Insurance Company of America, respectively, and that the said corporate seals and their signatures as officers were duly affixed and subscribed to said
instrument by the authority and direction of said Corporations,
BARBARA A.GARLIC
Not
V cornmanwoalh 01 Mass Ile
Barbara A.Garlick, Notary Public
My Commission expires September 21,201
I,the'undersigned Vice President of The Hanover Insurance Company,Massachusetts Bay Insurance Company and Citizens Insurance Company of America,
hereby certify that the above and foregoing is a fulfil,true and correct copy of the Original Power of Attorney issued by said Companies,and do hereby further
certify that the said Powers of Attorney are still'in force and effect.
This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of The Hanover Insurance Company,
Massachusetts Bay Insurance Company and Citizens Insurance Company of America.
"RESOLVED,That any and all Powers of Attorney and Certified Copies of such Powers of Attorney and certification ini respect thereto,granted and executed
by the President or any"dice President in conjunction with,any Vice President of the Company,shall be binding on the Company to the same extent as if all
The sr natures therein were manuall y affixed,even though,one or more o an y sue sw natures thereon may be facsimile." (Adopted October 7, 1981
Hanover Insurance Company,Adopted April 14,1 982-Massachusetts Bay Insurance Company,Adopted September 7,20,011 Citizens Insurance Company of
America)
GIVEN under my hand and the seals of said Companies, at Worcester,Massachusetts,this 1 st day of Aprill 20114.
THE HANOVER INSURANCE COMPANY
MASSACHUSETTS Y INSURANCE COMPANY'
CITIZENS INSURANCE COMPANY OF AMERICA
I 'n Margosian,Vice President
I
f
r,. 0061
PAYMENTBOND
Page I of 2
01
SECT1'ON 00 6114
3
4 THE STATE OF TEXAS
5 § KNOW ALL BY THESE RESENTS
., 6 COUNTY OF TARRANT
7
s That we, Jackson Construction, Ltd.
known as
9 "Principal" herein and T, Hanover Insurance Com-pany— a
10 corporate sure t , duly authorized to do business in the State of Texas, known as
(sureties),
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 Teas,known as "City"herein,
13 in the penal sum of Sig. Hundred i lit 4 ousand and o/loo Dollars
1 ($__60&0Q0.:00 , money of the United States, to be paid in Fort Worth, `arrant
15 County, Texas, for the payment of which sr m well and truly be nude, we hind ourselves, our
16 heirs, executors, administrators, successors and assigns, jointly r and severally,, firmly by these
17 presents.
M 18 WHEREAS, Principal has entered into a certain written Contract with City, awarded the
1 ay of . � 20 , which Contract is hereby referred to and
20 made a part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment,
21 labor and other accessories as defined by law, in the prosecution of the Work as provided for in
22 said Contract and designated as SANITARY SEWED. REHABILITATION CONTRACT 78,
CITY PROJECT NO. 01490.
24 NOW, THEREFORE,, THE CONDITION of TMS OBLIGATION is such that if
25 Principal shall pay all monies owing to any (and all) payment bond beneficiary as defined in
26 Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work ender
27 the 'ontract, then this obligation shah' e and become null and void- otherwise to remain. in Rill
28 force and effect.
�,
This bond is made and executed in compliance with the provisions of Chapter 2253 of the
o Texas Government Code, as amended, and all liabilities on this bond shall be determined in
1 accordance with the provisions of said statute.
CITY of FORT'S ORTH SANITARY SEWER AB]L1 TATION CONTRACT 7
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS MENTS 'C,ITY PRofECT NO.01490
Revised July 1,,2011
THE HANOVER INSURANCE COMPANY
POP MASSACHUSETTS BAY INSURANCE COMPANY
CITIZENS INSURANCE COMPANY OF AMERICA
POWERS OF A TTORNE Y
CERTIFIED COPY
KNOW ALL MEN BYTH,ESE PRESENTS. That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY,both being
corporations organized and existing under the laws,of the State of New Hampshire,and CITIZENS INSURANCE COMPANY OF AMERICA,a corporation
organized and existing under the laws of the State of Michigan,do hereby constitute and appoint
,I,�W11 Steven R. Foster,Jack M.Crowley,Patricia A.Smi�th andlor Marile Perryman
of Dallas,TX and each is a true and lawful Attorney(s)-in-fact to sign,execute,seal,ackniowledige and deliver for,and on its behalf,and as its act and deed
any place within the United States,or,if the following line be filled in,onlywithin the area therein designated any and all bonds,recognizances,undertakings,
contracts of indemnity or other writings obligatory in the nature thereof,as follows.
Any such obligations in the United'States, not to exceed'Th:irty Filve Million:and Nio/I 010($35,0010,000)in any single instance
and said comip,aniies hereby ra,tify and confirm alil and whiaits,oever salid Attoirne�y(s)-in-fact may lawful�ly do in the premises by virtue of these presents.
These appointments are made u�nder and by authority of the following Resolution passed by the Board of Directors of said Companies which reso�lutions
are still in effect:
"RESOLVED,That the President or any Vice President,in conjunction with any Vice President,be and they are hereby authorized and empowered to appoint
Attorneys-in-fact of the Company,in its name and as its acts,to execute and acknowledge for and on its behalf as Surety any and all bonds,recognizances,
contracts of indemnity,waivers of citation and all otherwritings obligatory in the nature thiere�of,with p�olwerto,attach thereto the seal of the Company'.Any such
writings so executed by such Attorneys-in-fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly
elected officers of the Company in their own proper persons."(Adopted October 7, 1981 -The Hanover Insurance Company�Adopted April 14, 11982-
Massachusetts Bay Insurance Company,Adopted,September 7,20,01, -Citizens Insurance Company of America)
IN WITNESS WHEREOF, THE HANOVER INSURANCE COMPANY, MASSACHUSETTS BAY INSURANCE, COMPANY and CITIZENS INSURANCE
COMPANY OF AMERICA have caused these presents to be sealed!with thei�r respective corporate seats:,duilly attested by two Vice Presidents,
this Sth day of December 2011
THE HANOVER,INSURANCE COMPANY
MASSACHUSMS SAY WSURANCE COMPANY
71ZENS, �SURANCE
C11
'FOMPANY OF AMERICA
W"
1074
R�ot-rctj Th,(IM a,54 V j,C C P F es- c n t
THE COMMONWEALTH OF'MA,SS�ACHUSETTS
StR
COUNTY OF WORCESTER )ss. Jot Arerk, XrL Ict, P re.;i d C,r t
qp
On this 5th day of December 20,11 before me came the above named Vice Presidents of The Hanover Insurance Company,Massachusetts,Bay Insurance
Company and Citizens Insurance Company of America,to me personal�ly known to be,the individuals and officers described herein,and acknowledged thatthe
7P seals affixed to the preceding instrument are the corporate seals of The Hanover Insurance Company,Massachusetts Bay insurance Company and'Citizens
Insurance Company of America, respectively, and'that the said' corporate seals and their signatures as officers were duly affiixed and subscribed to said
instrument by the au�thority and direct,ion of said Corporations.
BAPBARA A.,GARUCK
11PIN Notary Public
&
Seo.,21,2rl$
Barbara A,Garl,ick, Notary Public
My Commissilion Expires September 21,21018,
1,the undersigned Vice President of The Hanover Insurance Company,Massachusetts,Bay Insurance Company and Citizens Insurance Company ofAmeri,ca,
hereby certify that the above and foregoing is a full,,true and correct copy of the Original Power of Attorney issued by said'Companies,and do h,erebyf'u�rtheir
certify that the said Powers of Attorney are still in force and effect.
This Certificate may be signed by facsimile under,and by authority of the fo�llowing resolution of the Board of Directors of'The Hanover Insurance Company,
Massachusetts Bay Insurance Company and Citizens Insurance Company of America,
"RESOLVED,,That any and all Powers of Attorney and Certified Copies of such Powers of Attorney and certification in respect thereto,granted and executed
by the President or any Vice President in conjunction with any Vice President of the Company,shall be binding on the Company to,the same extent as if all
11;PIP signatures there�i�n were manually affixed,even though one or more of any such signatures thereon,may be facsimi,le." (Adopted October 7, 1981 -The
Hanover Insurance Company-,Adopted April 14,1982-Massachusetts Bay Insurance Company,,Adopted'September 7,2001-Citizens Insurance Companyof
America)
GIVEN under my hand and the seals of said Co�m�panies,,at Worcester, Massachusetts,this 1 st day of Aprill 2014.
THE HANOVER INSURANCE COMPANY
MASSACHUSETTS BAY INSURANCE COMPANY
C(TIZENS INSURANCE COMPANY OF AMERICA
OjOn Margosian,Vice President
f,
r 0 61 19- I
f
MA1.M`I'EN ICE BOND
Page 1 of
SECTION oo 6119
2 MAINTENANCE BOND
3
B�ond,#1009441
4 THE Sr1'ATE OF TEXAS
5 § KNOW ALL BY THESE PRES ENTS:
p,
COUNTY OF TAB' AN"f
7
That we--,.Jackson Const t oy,L �.._ � own as"Principal"
P�
herein and The Hanover Insurance Company .�� a corporate surety(sureties, if
10 more than ono)duly authorized to do hu ,inos,s in the State of Texas,known as"Surety"herein
t (whether one or more), are held and firmly hound unto the City of Fort Worth,a municipal
12 corporation created pursuant to the laws of the State of Texas,known as"City"heroin, in the Burn
13, of Sig Hundred Ei-:ht Thousand and 00/100 Dollars,
14 6 0. . ,lawful rno Bey of the United States,to he paid in Fort'worth,Tarrant
5 County,Texas, for payment of which suer well and tnily be made unto the City and its
16 successors, we hind ourselves,our heirs,executors,Arninistrators,successors and assigns,Jointly
17 and severally, firmly by these presents.
1
WHEREAS,the Principal has entered into a certain written contract with the City awarded
0 the dday of
ffp/
which Contract is hereb
y
21 referred to and a made part hereof for all purposes as if fully set forth herein, to furnish all
i�
22 materials, equipment labor and other accessories as defined by law, in the prosecution of the
3 Work, including any Wor.k resulting from a duly authorized Change order(collectively herein,
PIP 24 the"Work"'),as provided for in said contract and designated as SANITARY SEWER
25 R
4 HABILITATION CONTRACT 8,CITY PROJECT No,. o l 490; and
26
27 WHEREAS: Principal hinds itself to use such materials and to so construct the Work in
28 accordance with the plans, specifications and Contract,Documents ments that tbeWork is and will
29 iaerna.in free frorn defects in ina.terials 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
1
32 WHEREAS, Principal binds itself to repair or reconstruct the Work in.,whole or in part
3 upon receiving notice from the City of the need therefor at any time within the Maintenance
314 Period.
CITY OF FORT'WORTH SANITA.RY SEWED REHAB ILi,A ION CONTRACT 7
STANDARD CONSTRIJCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.x 1494.
Revised„July 1,24i 1
1 1'9.3
MAINTENANCE BON
Page 3 3
I IN WITNESIS WHEREOF the Principal and the 'S ret have each .G E and LED this,
2 instniment by dLIly aUthorized agents and officers on this the y of
3 2
r"
4
5 PRINCIPAL:
Jackson ConstrUCtion,,
B Y.
0 Siggnatt el
11 ATTEST:
a/
12
' arry H Jackson, Pres'lildent of CI Partner's,
1 ,
4 Pr cipa S c e a Name and Title�.. � � � �"` �
t6 Address. � 2 Sun Valley t�!rr
17 Fort . ._ Texas 7
1
2,0 � ���t r 1
2 , SURETY: :r-e Company 22 The Hanover InsulAp
3
�
�f�R womwwmwmwN� i
2
2 ' � ww BY:25 �W
,w:.°� � NwWralwll IIN�mw � ,..
�
28 Jack M Crowley Attorney in Fact
9 ATTEST. Narne and Title
30 1530,5 North Dallas Parkway
. A
ddress:
...
32 (Surety)Secr
_�........ri,�. ..
3
% mm . ..M
35 Witness to S�....et "releplioneNumber: 972-385-9800
36
7 *Note: If signed, is r of the SUr ty Cornpany,, there MLIs,t be on e a certified extract
38 from the y ews sho,wing that th,is person has authority to s .n such obligation.
3 S..ret 's physical address is, different from its n a ling�,. address, both rr.U.St be provided.
a
40 The date of the bend shall I t be prior to the date the Contract is awarded.,
..::::....:.
4 .
CITY FORT WORTH SANITARY SE EWER E —1 AB I LIT "1 ION�- ��� ~
STANDARD ONSTR U ]"'ION SPECI "I KHON DOCUM NTs, CITY PROJECT NCB.014
J -;
Revised Jul I,2011
THE A II VE INSURANCE COMPANY
MASSACHUSETTS BAY INSURANCE COMPANY
CITIZENS INSU. NICE COMPANY"OF AMERICA
POWERS OF ATTORNEY
CERTIFIED COPY'
KNOW ALL MIEN BY THESE PRESENTS- That THE HANO E R INSURANCE COMPANY PANY and MASSACHUSETTS SETTS BAY INSURANCE COMPANY,both being
corporations organized and existing under the laws of the State of New Hampshire,,and CITIZENS ENS llNSURAN NCE COMPANY OF AMERICA,a corporation
organized)and existing under the laws of the State of Michigan,do hereby constitute and'appoint.
Steven R.Foster,Jack M.Crowley,Patric a A.Smith an+dl or Marie Perryman
of Dalllas,TX and each is a true and lawful attorneys)-in-fact to sign,execute„seal,acknowledge and deliver for,and on its behalf,and as its act and deed
any place within the United States,or,if the following lire be filled in,only within the area therein designated any and all blonds,recognizances,undertakings,
contracts of indemnity or other writings obligatory in the nature thereof,as follows-
Any such obligations in the Unite ) ,States, not to exceed'Thirty Five Million and No/100($35,000,,000:)iIn any single instance
J and said companies hereby ratify and confirm all and whatsoever said attorneys)-in-fact may lawfully do in the premises by virtue of these presents,
These appointments are made under and by authority of the following resolution passed by the Board of Directors of said Complanies which resolutions
are still in effect.
RESOLVED,That the President or any Vice President,in conjunction with any'" ice President,be and they are hereby authorized and empowered to appoint
y y,in its name and as i r and on its behalf as Surety any and all bonds,recognizances,
Attorneys-
fact of the Company, is acts,to execute and acknowledge e �
contracts of indemnity,waivers of citation and all other writings obligatory in the nature thereof,with power to attach thereto the seal of the Company,any such
writings so executed by such attorneys-in-fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly
elected officers of the Company in their own proper persons."'(adopted October 7, 1981 -The IhHanover Insurance Company;adopted April 14, 1982-
Massachusetts Bay Insurance Company;adopted September 7,2001 -Citizens Insurance Company of America)
y
IN ITNESS WHEREOF, THE Ha O Er INSURANCE COMPANY,NCIFAwNY, MASSAC HUSETTS BAY INSURANCE COMPANY and CITIZENS INSURANCE,
COMPANY I" IPANY O AMERICA have caused these presents to be sealed with,their respective corporate seals,dully attested by two Vice presidents,
this 5th day of'December 2011
THE RANOVER INSURANCE COMPANY
a
.
CITIZENS, U ANNE + MPANY Ole'AMERICA
w
r-
k vlrt h(masl Vice Pros ent
THE COMMONWEALTH OF MASSACHUSETTS
SSAC HUSETTS
t
C C l I�ITY CAF WORCESTER ESTEr ss � o re tr om, V►c arc si d t,
Can this 5th day of December 201111 before nee carne the above named Vice presidents of The Hanover Insurance Company,Massachusetts Bay insurance
Company and Citizens insurance Company of America,to me personally Known to be the individuals and officers described herein,and acknowledged:that the
seals affixed to the preceding instrument are the corporate seals of The Hanover Insurance Company,Massachusetts Bay Insurance Company and Citizens
� p �. P
Insurance Company of America, respectively, and that the said corporate seals and their signatures as officers were duly affixed and subscribed to said
instrument by the authority and direction of said'Corporations.
Natar�Public
Barbara A.Garlick,Notary Public
My Commission(Expires September 21,2018
l the undersi g ned'Vice president of The Hanover Insurance Company,Massachusetts Bay Insurance Company and Citizens Insurance Company ofAmeri ,
hereby certify that the above and foregoing is a full„true and correct copy of the Original lower of Attorney issued by said Companies,and do hereby further
certify that the said Powers of attorney are still in force and effect.
This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of The Hanover Insurance Company,
Massachusetts Bay Insurance Company and Citizens Insurance Company of America,
"RESOLVED,That any and all Powers of attorney and Certified Copies of such Powers of Attorney a p r executed
and rtrfcation in,respect thereto,granted and
extent as if all
by y President in con)unction with any Vice President of the,.Company,shall be blinding on the Company to the�a��
signatures stherein rwere manually affixed,even though one or more of any such signatures thereon may be facsimile„ (adopted October ", 1981 -The
Hnover Insurance Company;adopted April 1 ,1982
-Massachusetts Bay Insurance Company„Adopted September�",2001-Citizens Insurance Company of
America)
L00
GIVEN under my hand and the seals of said Companies, at Worcester, Massachusetts,this 1st day of Aprill 2014.14
THE HANOVER INSURANCE C PANY
MASSACHUSETTS BAY INSURANCE COMPANY
CITIZENS INSURANCE COMPANY OF AMERICA
lien Margosian.,Vice President
The Hanover Insurance Company 4 coln Street Worcester,eser, 01653
ANN&* vianover
Insurance GroiLip ' 0 fizens Insurance Company of America 1645 Wei:Grand Raver Avenue,Howell,hA1 4 843 Texas Complaint Notice
Ja
IMPORTANT TI C
To obtain informationi
You may call The Hanover Insurance Company/Citizens Usted pu,ede Ilamar al nurnero cle telefono g,ratis, de The
�ri 's tolfree telephone I c - re itzer Insurance
number for information or to make complaint at: of Ar-nerica's para infort-nacion o para someter urea qLjeja i
I
1-800-6088,141 1-800608-8141
f
You may also write to The Hanover Insurance Company/ Usted tambien puedle escribir a The Hanover Insurance
'tizetis Insurance Company of America t Company/Citizens Insurance Company of America al:
440 Lincoln Street 440, Lincoln Street
Worcester, Worcester, A 01615
You may contact the Texas, Department of Insurance to Puede coma nicarse con el Departamento de Seguros de
�i
tn information
companies, coverages,, rights or Texas Para o ter er infoirmacion a,cerca e companias,
Complaints at. coberturas, derechos o u l.
11-800-252-3439 0� -252 3 39
Y' may write,
�� rat o Insurance: scr.
P. . Box 149104 R 0. Box
Austin, TX 78714-9104 AustinJX 78714-9104
F . ( 2 7 Fay: ( I 2 475-17711
i - ai'. s r r to ion@t i.stat M . s mai . nos r�r t c�ti� �t i�.stat . .LAS
PR,EMI IM DISPUTES: DISPUTAS, SOBRE PRIAAAS 0 RECLAMOS..
Should you have a dispute concerning your prernium or Si tierce unia displu,ta c r cerniente a su prima of a un r c
.bout a claim you should contact the agent or the e - lar olr die e co!mu,nicarse eon el a ente o la comps i
pang first. If the dispute is not res lve , you may contact pri era Si no se resuel e la disputa, puede er tior ees
the Texas, Department of Insurance. e r urunicarse con el de artamento I .
ATTACH THIS NOTICE IC YOUR POLICY:" This notice is NA ESTE AVISO, A, S -. Este aviso, es solo para
r information only and � s not become a part or, er- proposito die informaciion y no se convierte en
e
dition of the attached document. conclicion diel oc �mer to adjunto.
181.1 (5/12)