HomeMy WebLinkAboutContract 44360 005243- 1
CITY SECRETARYu Agreement
O,CONTRACT N^
1 SECTION 00 52 43 `J "I
2 AGREEMENT
3
4 THIS AGREEMENT is made by and between The City of Fort Worth, a Texas home rule
5 municipality acting by and through its duly authorized City Manager, ("City"), and North Texas
6 Contracting, Inc., a corporation authorized to do business in Texas, acting by and through its duly
7 authorized representative ("Contractor"). City and Contractor, in consideration of the mutual
8 covenants hereinafter set forth, agree as follows:
9 Article 1. WORK
10 Contractor shall install ports and supply cleanout services for the 30-inch segment of the City's
11 Reclaimed Water Delivery System Distribution Main at the locations specified on the attached
12 location map incorporated herein(the "Work").
13 Article 2. PROJECT
14 The Work is a part of the Village Creek Eastern Reclaimed Water Delivery System Distribution
15 Main - Installation of Cleaning Facilities(City Project No. 0213)(the "Project").
16 The original project for which the Work under these Contract Documents may be the whole or a
17 part of is generally described as:
18 Village Creek Eastern Reclaimed Water Delivery System Distribution Main (City Project No.
19 0213).
20 Article 3. CONTRACT TIME
21 3.1 Time is of the essence.
22 Contractor recognizes that time is of the essence, and it will deploy all the necessary equipment
23 and man power to address the Work. The City expects the Contractor to have a sense of urgency
24 to complete the Work in a timely manner and all Work shall be completed no later than March
25 15, 2013.
26 Article 4. CONTRACT PRICE
27 City agrees to pay Contractor for performance of the Work based on Contractor's bid an amount
28 in current funds not to exceed Fifty-five Thousand Dollars ($55,000.00)
29 Article 5. CONTRACT DOCUMENTS
30 5.1 CONTENTS:
31 The Contract Documents which comprise the entire agreement between City and
32 Contractor concerning the Work consist of the following:
33 1. This Agreement.
34 2. Exhibits to this Agreement:
35 a. Proposal/Bid
36 b. Current Prevailing Wage Rate Table
37 c. Insurance Accord Form(s)
38 d. Performance Bond
39 e. Maintenance Bond KFT.
RECORD
40 f. Power of Attorney for the Bonds CRETARY
41 g. Worker's Compensation Affidavit
TH, Tx
Village Creek Eastern Reclaimed Water Delivery System Distribution Main-Installation of Cleaning Facilities
North Texas Contracting,Inc. RECEIVED APR 12 '81'
005243-2
Agreement
Page 2 of 4
42 3. General Conditions by reference
43 4. The following which may be delivered or issued after the Effective Date of the
44 Agreement and, if issued, become an incorporated part of the Contract Documents:
45 a. Notice to Proceed.
46 b. Field Orders.
47 c. Change Orders.
48 d. Letter of Final Acceptance.
49
50 Article 6. INDEMNIFICATION
51 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own
52 expense, the city, its officers, servants and employees, from and against any and all
53 claims arising out of, or alleged to arise out of, the work and services to be performed
54 by the contractor, its officers, agents, employees, subcontractors, licenses or invitees
55 under this contract. This indemnification provision is specifically intended to operate
56 and be effective even if it is alleged or proven that all or some of the damages being
57 sought were caused, in whole or in part, by any act, omission or negligence of the city.
58 This indemnity provision is intended to include, without limitation, indemnity for
59 costs, expenses and legal fees incurred by the city in defending against such claims and
60 causes of actions.
61
62 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense,
63 the city, its officers, servants and employees, from and against any and all loss, damage
64 or destruction of property of the city, arising out of,or alleged to arise out of, the work
65 and services to be performed by the contractor, its officers, agents, employees,
66 subcontractors, licensees or invitees under this contract. This indemnification
67 provision is specifically intended to operate and be effective even if it is alleged or
68 proven that all or some of the damages being sought were caused, in whole or in part,
69 by any act omission or negligence of the city.
70
71 Article 7. MISCELLANEOUS
72 7.1 Terms.
73 Terms used in this Agreement which are defined in Article I of the General Conditions will
74 have the meanings indicated in the General Conditions.
75 7.2 Assignment of Contract.
76 This Agreement, including all of the Contract Documents may not be assigned by the
77 Contractor without the advanced express written consent of the City.
78 7.3 Successors and Assigns.
79 City and Contractor each binds itself, its partners, successors, assigns and legal
80 representatives to the other party hereto, in respect to all covenants, agreements and
81 obligations contained in the Contract Documents.
Village Creek Eastern Reclaimed Water Delivery System Distribution Main-Installation of Cleaning Facilities
North Texas Contracting,Inc.
005243-3
Agreement
Page 3 of 4
82 7.4 Severability.
83 Any provision or part of the Contract Documents held to be unconstitutional, void or
84 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all
85 remaining provisions shall continue to be valid and binding upon CITY and
86 CONTRACTOR.
87 7.5 Governing Law and Venue.
88 This Agreement, including all of the Contract Documents is performable in the State of
89 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the
90 Northern District of Texas, Fort Worth Division.
91 7.6 Other Provisions.
92 The Contractor agrees to pay at least minimum wage per hour for all labor as the same is
93 classified, promulgated and set out by the City, a copy of which is attached hereto and
94 made a part hereof the same as if it were copied verbatim herein.
95 7.7 Authority to Sign.
96 Contractor shall attach evidence of authority to sign Agreement, if other than duly
97 authorized signatory of the Contractor.
98
99 SIGNATURE PAGE TO FOLLOW
100
Village Creek Eastern Reclaimed Water Delivery System Distribution Main-Installation of Cleaning Facilities
North Texas Contracting,Inc.
005243-4
Agreement
Page 4 of 4
101 IN WITNESS WHEREOF, City and Contractor have signed this Agreement in multiple
102 counterparts. At least one counterpart of each has been delivered to City and Contractor.
103
104 This Agreement will be effective on the last date subscribed by a signatory(which is the Effective
105 Date of the Agreement).
106
City of Fort Worth
Contractor: By. `
Fernando Costal.._.•
By: Assistant City Manager
(Signature)
Title: Date I/jr
Zach Fusilier
Vice President
(Printed Name)
Attest:
Cityejrertiry � 14
Address: 4999 Keller-Haslet Rd
(Seal) �0 °o F
JC
City/State/Zip: Keller, TX 76248 Appro as to Form and Legality: ��oo0000o°°*,�
c•
Date March 2, 2013
Doug . Black
Assistant City Attorney
107 M&C A
108 Date
109
110 APPROVAL RECOMMENDED:
111 , ;/G"
112
113
114 S. Frank Crumb
115 DIRECTOR, WATER DEPARTMENT
116 1000 Throckmorton, Fort Worth,TX-76102
117
118
119
120
OFFICIAL'RECORD
Cit.y SECRETARY
Village Creek Eastern Reclaimed Water Delivery System Distribution Main-Installation of Cleaning Facilitie r,• �RTHI TX
North Texas Contracting,Inc.
20'PIG /
z EXIT PORT
-- - of Wak for Nath Te Coat rg _ 1�
5 �
FLOWMETER
_ T tL 20" PIG ENTRANCE W �a STATION BYPASS
PORT AND 24"PIG
- ss EXIT PORT M1 ° I �i j �..» —v-
F [W,
J C1,w f4W�CN✓b IT,
NURST `�E so Emit.&«•ofmEfo
G1'I W4P"lb 6TA 1"].00b'9TA t11ro0
( II S nSOI PMT] ..I UIO[.0[ I.eq,frn Wp Fulb 6W
30' l 24"PIG .rusr..«aeA,o.00bswi>...r
EXIT PO/ ENTRANCE PORT
30"PIG EXIT w c ria,
E � PORT .m a�Ed�.Am
a ��� vWEsIMOYfMW".�
-C-
RT
vP�y E,A ro�`i,oR`.r wm WesWab
F RT WO" --- 9'% - orw«
p
ENT RAN
00 TNb VR
CITY OF FORT iM,1EiA5
WATER DEPARTMENT
VILLAGECREEK
_ --f YF11.AL1Etl WATFA EAS1fAN OELIVE0.Y9YSTEM
L{ e¢/ d3iR®UTION MAM
LOCATION MAP
��C-001
I
DRAFT
CITY OF FORT WORTH
RECLAIMED WATER SYSTEM
PIGGING PROPOSAL
JANUARY 23, 2013
1. Installation of 30-inch pig inlet, Greenbelt Road $ 13,500
2. Installation of first 30-inch pigging outlet $ 13,500 I
3.a. 30-inch pigging, first section, run 1 $ 2, 500
3.b. 30-inch pigging, first section, run 2 $ 2, 500
3.c. 30-inch pigging, first section, run 3 $ 2, 500
Subtotal Group 1
4. Installation of second 30-inch pigging outlet $ 13, 000
5.a. 30-inch pigging, second section, run 1 $ 2, 500
5.b. 30-inch pigging, second section, run 2 $ 2,500
5.c. 30-inch pigging, second section, run 3 $ 2, 500
Subtotal Group 2
6. Installation of 24-inch pig inlet near Mosier Valley Road $
7. Installation of 24-inch pig exit at FAA Road $
8.a. 24-inch pigging, run 1 $
8.b. 24-inch pigging, run 2 $
8.c. 24-inch pigging, run 3 $
Subtotal Group 3
9. Installation of 20-inch pig inlet at American Airlines Blvd. $
10. Installation of 20-inch pig exit at DFW Airport pump station $
11.a. 20-inch pigging, run 1 $
11.b. 20-inch pigging, run 2 $
11.c. 20-inch pigging, run 3 $
Subtotal Group 4
12. Installation of 20-inch bypass piping at DFW meter vault $
TOTAL $
NOTES:
1. Reference pigging plan dated January 14,2013,and sealed plan set dated January 14,2013.
2. Installation also included removing above ground piping and plugging.
3. Addendum No. 1 —January 17,2013
4. Addendum No. 2—January 23,2013
C:\Users\ZacktWppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\B95Q4PBG\Pigging Proposal.docx
Bond No. SU1120491
1 MAINTENANCE BOND
2
3
4 THE STATE OF TEXAS §
5 § KNOW ALL BY THESE PRESENTS:
6 COUNTY OF TARRANT §
7
8 That we North Texas Contracting, Inc. ,known as"Principal'herein and
9 Arch Insurance Company ,a corporate surety (sureties, if more than one)duly
10 authorized to do business in the State of Texas,known as"Surety"herein(whether one or more),are held and
I 1 firmly bound unto the City of Fort Worth,a municipal corporation created pursuant to the laws of the State of
12 Texas, known as"City"herein, in the sum of Fifty Five Thousand and No/100---------------------------Dollars
13 ($ 55,000.00 ), lawful money of the United States, to be paid in Fort Worth,Tarrant County,
14 Texas, for payment of which sum well and truly be made unto the City and its successors,we bind ourselves,our
15 heirs,executors,administrators, successors and assigns,jointly and severally,firmly by these presents.
16
17 WHEREAS,the Principal has entered into a certain written contract with the City awarded the day of
18 ,20.which Contract is hereby referred to and a made part hereof for
19 all purposes as if fully set forth herein, to furnish all materials,equipment labor and other accessories as defined
20 by law, in the prosecution of the Work, including any Work resulting from a duly authorized Change Order
21 (collectively herein,the"Work")as provided for in said contract and designated as
22 Village Creek Eastern Reclaimed Water Delivery System Distribution Main -Installation of Cleaning
Facilities -City Project No. 0213
23
24 WHEREAS, Principal binds itself to use such materials and to so construct the Work in accordance with
25 the plans, specifications and Contract Documents that the Work is and will remain free from defects in materials
26 or workmanship for and during the period of two (2)years after the date of Final Acceptance of the Work by the
27 City("Maintenance Period");and
28
29 WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part upon receiving
30 notice from the City of the need therefore at any time within the Maintenance Period.
31
32 NOW THEREFORE,the condition of this obligation is such that if Principal shall remedy any defective
33 Work,for which timely notice was provided by City,to a completion satisfactory to the City, then this obligation
34 shall become null and void; otherwise to remain in full force and effect.
35
Village Creek Eastern Reclaimed Water Delivery System
Distribution Main-Installation of Cleaning Faciliites
City Project No.0213
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised July 1.2011
I PROVIDED,HOWEVER, if Principal shall fail so to repair or reconstruct any timely noticed defective
2 Work, it is agreed that the City may cause any and all such defective Work to be repaired and/or reconstructed
3 with all associated costs thereof being borne by the Principal and the Surety under this Maintenance bond;and
4
5 PROVIDED FURTHER,that if any legal action be filed on this Bond,venue shall lie in Tarrant County,
6 Texas or the United States District Court for the Northern District of Texas,Fort Worth Division; and
7
8 PROVIDED FURTHER,that this obligation shall be continuous in nature and successive recoveries
9 may be had hereon for successive breaches.
10
11 IN WITNESS WHEREOF,the Principal and the Surety have each SIGNED and SEALED this
12 instrument by duly authorized agents and officers on this the 11th day of March
13 ,2013
14
15 PRINCIPAL:
16 North Texas Contracting, I
17
18
19 BY:
20 S,,nature
21 ATTEST.
22 `1
23 Zach Fusilier,Vice President
24 (Prince l)Secretary Name and Title
25
26 Address: 4999 Keller Haslet Rd.
27 Keller,TX 76248
28
29 Ll
30 Witness as to PVmcipal
31 SURETY:
32 Arch Insurance Company
33
34
35 BY:� _ a�
36 Signature
37
38 Robbi Morales,Attorney-in-fact
39 ATTEST: Name and Title
40
41 Address: 2711 N. Haskell Ave., Suite 800
42 (Sure Secre --xDallas,TX 75204
43
44, Cr
45 s io Surety Telephone Number: 214/989-0000
Village Creek Eastern Reclaimed Water Delivery System
CITY OF FORT WORTH Distribution Main-Installation of Cleaning Facilities
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.0213
Revised July 1.2011
1
2 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the
3 by-laws showing that this person has authority to sign such obligation. if Surety's physical address is
4 different from its mailing address, both must be provided.The date of the bond shall not be prior to the
5 date the Contract is awarded.
6
Village Creek Eastern Reclaimed Water Delivery
System Distribution Main-Installation of Cleaning
Facilities-City Project No.0213
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised July 1.2011
AIC 0000068026
THIS POWER OFATTORNEY IS Nor VALID UNLESS/T is PRINTED on swE BACKGRouNa.
This Power of Attorney limits the acts of Htose named herein, and they have no authority to bind the Company except In the
manner and to the extent herein stated. Not valid for Mortgage, Note, Loan, Letter of Credit, Bank Deposit, Currency Rate,
Interest Rate or Residential Value Guarantees.
ROWER OF ATTORNEY
Know All Persons By These Presents:
That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal
administrative office in Jersey City NewJersey(hereinafft viferred to as the T4;xpany")does hereby appoint:
Don E.Cornell,Jerry P. Rose, Lisa i o Ricco f-.Reyna,Robbi Morales and Y. DeLarid Marshall of Dallas,T (EACH)
its true and lawful Attomey(s)in-Fact,to make,execute,seal,and deliver from the date of issuance of this power for and on its behalf as
surety,and-asits act and deed:
Any anTall bonds,undertakings,recognizances and other surety ai ilgations, in the penal sum nor exceeding
NineWhIfflion Dollars($90.000.000.00).
This authority does not permit the same obligation to be split into two or more bonds In order to bring each such bond within the dollar
limit of authority as set forth herein.
The execution of such bonds, undartakfts, recognizance&and other surety obligations pormonce of these presents shafibe,as.
binding upon the said Company as full= amply to all intents and purposes, as If the same had been dWy exerted and
acknowledged by its regularly elected officers at its principal administrative office in Jersey City, New Jersey.
This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company
on—September U.2011, true and accurate copies of which are hereinafter sett and araTmreby certified to by the undersigned
Swab"as beft$in full force and effect:
"VOTED, That the Chairman of the Board, the President, or the Executive Vlbe�President, or any Senior Vice President, of the Surety
Business Division, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and
authority to appoint agents and attomeys-in-fact, and to authorize them subject to the limitations set forth in their respective powers of
attorney,to execute on behalf of the Company, and atter-the seal of the Company thereto, bonds, undertakings, recognfzances and
other surety obligations obligatory,in,th tre thereofmany such officers of the Company may appoint agen for acceptance of
process."
This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the
unanimous consent of the Board of Directors of the Company on September 15,2011:
VOTED,That the sJignature of the Chairman of the Board,the President,or the Executive Vice President,or any Senior Vice President,
of 1he Surety Business Division, or their appointees designated in writiW and filed with the Secretary, and the signature of the
Secretary,the seal of the Company, and certifications by the Secretary, maw affixed by facsimile on any power of attorney or borid
executed pursuant to the resolution adopted by the Board of Directors on September 15, 2011, and any such power so executed,
sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the
Company.
OOML0013 00 03 03 Page 1 of 2 Punted in U.S,A.
s
AIC 0000068026
In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized
officers,this 9th day of January, 2013.
Attested and Certified Arch Insurance Company
WRNRATE
�J,' �..-*-rte
actin J.NilsW,Secretary v David M. in a stein, Executive Vice President
STATE OF PENNSYLVANIA SS
COUNTY OF PHILADELPHIA SS
I, Kathleen Marcinkus, a Notary Public, do hereby certify that Martin J. Nilsen and David M. Finkelstein personally known to me to be
the same persons whose names are respectively as Secretary and Executive Vice President of the Arch Insurance Company, a
Corporation organized and existing under the laws of the State of Missouri,subscribed to the foregoing instrument,appeared before me
this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and
delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and
purposes therein set forth.
C4MM0TN 0 FPENt&Y LVArMA
NOTARIAL SEAL
KATHLEEN MARCINKU3,Notary Public ,1
QMMM Citof Mite 16QIla, MjQ Caen �1 � `�
1j,22t4
Kat leen Marcinkus, Not Public
My commission expires 3/14/2014
CERTIFICATION
1, Martin J. Nilsen, Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated January 9.
2013 on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect since the
date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said David M. Finkelstein, who
executed the Power of Attorney as Executive Vice President, was on the date of execution of the attached Power of Attorney the duly
elected Executive Vice President of the Arch Insurance Company.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the Arch Insurance Company on
this 11th day of March ,20 13
artin J.Nils n, Secretary
This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have
no authority to bind the Company except in the manner and to the extent herein stated.
PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS:
Arch Insurance—Surety Division
3 Parkway,Suite 1500n �+
Philadelphia,PA 19102 L
(X)Rt(HIAT! �'4
SEAL
IVA
OOMLOO 13 00 03 03 Page 2 of 2 Printed in U.S.A.
r-
ARCH Insurance Company ARCH surety
TEXAS CONSUMER NOTICE
IMPORTANT NOTICE
To obtain information or make a complaint_
You may contact your agent at the telephone number provided on the Declarations page
of your policy.
You may contact William J. Misero, Surety, Arch Insurance Company, at the toll-free
telephone number or address provided below:
Arch Insurance Company
Attention: William J. Misero
3 Parkway Suite 1500 .
Philadelphia PA 19102
1-866-472-8845
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 149091
Austin, TX. 78714-9091.
FAX#(512) 475-1771
PREMIUM OR CLAIM DISPUTES:
Should you have a dispute concerning your premium or about a claim you should contact the
agent or the company first. If the dispute is not resolved, you may contact the Texas
Department of Insurance.
ATTACH THIS NOTICE TO YOUR POLICY:
This notice is for information only and does not become a part or condition of the attached
document.
(Ed. 4J12) Printed in U.S.A.