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HomeMy WebLinkAboutContract 47313-FP1 r f r CITY SECRETARY CITY OF FORT WORTH r�ONTRAcrr ro. NOTICE OF PROJECT COMPLETION 57,00-7 — CO Z 3 CS .14"73/3 Regarding City Secretary Contract. 47313, for the VCWRF Chlorine Basin 21-22 Catwalk,which was requested by the Water Department and approved by City Council on September 29,2015 through M&C C-27489,the Director of the Water Department,upon the recommendation of the Construction Manager.Amy Robinson.P.E., CDM Smith has accepted the project as complete. Final Payment to release the Retainage will be issued in accordance with AdminisUatic.—�`' Regulation C-6. Original Contract Price: $174,000.00 FEB 13 2019 ° J Amount of Approved Change Orders: 0.00 Revised Contract Amount: $174,000.00 Total Cost Work Completed: $174,000.00 Less Liquidated Damages: $0.00 Less Pavement Penalty: 0.00 Total Contract Cost: $174,000.00 Less Previous Payments: $156,600.00 n -Final Payment Due: $17,400.00 1/8/2019 Recommended for Acceptance Date Construction Manager, CDM Smith Accepted Date Director,Water Department City Manager Date City Secretary Contract No.47, O te of Final Completion �' e ]=- - C Start 0� oQ`Q y26.2018 0FF1CIdITY SECRFT.WOR ~n�--A\ EA\ ' Document G702" — 1992 Application and Certificate for Payment TO OWNER: City of Fort Worth,Water Dept. PROJECT: Village Creek Water Reclamation APPLICATION NO:004 Distribution to: 1000 Throckmorton St. Facility PERIOD T0:August 10,2016 OWNER X Fort Worth,Tx 76102 Chlorine Basin 21-22 Catwalks City Project No.02637 ARCHITECT: Fort Worth,Texas,_.. �_ CONTRACT FOR:General Construction CONTRACTOR: FROM Ark Contracting Services,LLC VIA 1 `' CONTRACT DATE:November 09.2015 CONTRACTOR:420 S.Dick Price Road ARCHITECT: `(,`,' PROJECT NOS:City#/47313/ FIELD: Kennedale,Tx 76060 OTHER: CONTRACTOR'S APPLICATION FOR PAYMENT The undersigned Contractor certifies that to the best ofthe Contractor's knowledge,information and belief the Work covered by this Application for Payment has been completed in accordance with the Application is made for payment,as shown below,in connection with the Contract. Contract Documents,that all amounts have been paid by the Contractor for Work for which previous Continuation Sheet,AIA Document G703,is attached. Certificates for Payment were issued and payments received from the Owner,and that current 1.ORIGINAL CONTRACT SUM......................................................................... $ 174,000.00 payment shown herein is now/lue. 2.NET CHANGE BY CHANGE ORDERS......................................................... S 0.00 COT CT R: 3.CONTRACT SUM TO DATE(Line 1:1:2)..................................................... $ 174,000.00 By: / Date: August 10,2016 4.TOTAL COMPLETED&STORED TO DATE(Column G on G703)........... $ 174,000.00 State of-las 61 S. RETAINAGE: County of..Tarrant a• 0 %of Completed Work Subscribed and sworn to before TANA STEPHENS (Column D+E on G703) $ 0.00 me this f o 4 h day of puq y5 ,Z01& ;s:N'� Notary Public,State of Texas b. 0 %of Stored Material J =a, K.:4-'Comm.Expires 02-07.2020 (Column F on G703) $ 0.00 Notary Public:Tana Stephen .,`,°.... NotowID 12640343-5 Total Retainage(Lines 5a+5b or Total in Column I of G703)................ $ 0.00 My Commission expires:February 072020 6.TOTAL EARNED LESS RETAINAGE............................................................ $ I74,00o.00 ARCHITECT'S CERTIFICATE FOR PAYMENT (Line 4 Less Line 5 Total) In accordance with the Contract Documents,based on on-site observations and the data comprising 7.LESS PREVIOUS CERTIFICATES FOR PAYMENT..................................... $ 156,600.00 this application,the Architect certifies to the Owner that to the best of the Architect's knowledge, (Line 6 from prior Certificate) information and beliefthe Work has progressed as indicated,the quality ofthe Work is in accordance with the Contract Documents, and the Contractor is entitled to payment of the AMOUNT 8.CURRENT PAYMENT DUE.......................................................................... $ 17,400.0 CERTIFIED. 9.BALANCE TO FINISH, INCLUDING RETAINAGE AMOUNT CERTIFIED..................................................................................$ 17,400.00 (Line 3 less Line 6) $ 0.00 (Attach explanation ifamount certified deers from the amount applied.Initial all figures on this Application and on the Continuation Sheet that are changed to conform with the amount certified.) RANGE ORDER SUMMARY ADDITIONS I DEDUCTIONS ARCHITECT: Total changes approved in previous months by Owner $ 0.0 $ 0.0 By: Date: To-tat approved this Month $ 0.0 $ 0.0 TOTALS $ 0.0 $ 0.0 This Certificate is not negotiable.The AMOUNT CERTIFIED is payable only to the Contractor named herein.Issuance,payment and acceptance of payment are without prejudice to any rights of T CHANGES by Change Order $ 0.0 the Owner or Contractor under this Contract. AIA Document G7021-1992.Copyright®1953,1963,1965,1971,1978,1983 and 1992 by The American Institute or Architects.All rights reserved.WARNING:This AIA°Document is protected by U.S. Copyright Law and International Treaties.Unauthorized reproduction ordistribution of this AIA°Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to 1 the maximum extent possible underthe law.This document was produced by AIA software at 13:34:54 on 0811%20.1&under.Order No.3507753082_1 which expires on 0711512017,and is not for resale. User Notes: (876770629) -Nb o o o O < O TJ R Z � O x o � d z• 0 0 nnO_ b C p y o N o ° �, m ° as '77 H 3tz = � ^ w = < n S Q ai OQ T n n O n r r r r r r r r C H C z H N ? N oo C\ N U �' o O O O O O O O O O O O O O O O O O O O O O O O O y n 0 o O O O A w N O 0 o v o 0 0 0 0 0 0 0 o A o 0 0 0 0 0 0 0 c � R o O 7 o O o O to to O o G �O� � X O O O O O O CD bO O O O O O O O O z (� n Cl O O O O O O O b � � H � ON oo .-. 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C\ 77 tv h O O O OCD O O O O O O O O O O O 6 O O O G O o O O O o O O O O 'O zo�> ehh odz� "n 0 vzn 0 O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 + G m n C' 0 0 0 0 C, 0 0 0 0 0 p C O A n moa 0 0 0 0 0 0 o coo dd °z 0 0 0 0 0 0 0 0 =CD o e o 0 omo �a �a r mn w C O O O o O o O o O O o O O N N O O O W m o. rn t N N N e o O O O A � v N o O O O o O O O o O o n b o 0 0 0 0 0 o c o m 1=1O O O O O O O O O N CONSENT OF SURETY COMPANY TO FINAL PAYMENT Bond #CA 4047097 Project: VCWRF Chlorine Basins 21-22 Catwalks, City Project No. 02637 To (Owner): City of Fort Worth, Texas 200 Texas Street Contract For: See above Ft Worth,TX 76102-6314 Contract Date: Contractor: Ark Contracting Services, LLC In accordance with the provision of the Contract between the Owner and the Contractor as defined above, the Great American Insurance Company of New York 301 E Fourth Street Cincinnati, OH 45202 ,Surety Company, on bond of Ark Contracting Services,LLC 420 S Dick Price Road Kennedale,TX 76060 ,Contractor hereby approves of the final payment to the contractor and agrees that final payment to the contractor shall not relieve the Surety Company of any of its obligations to the City of Fort Worth,Texas 200 Texas Street Ft Worth,TX 76102-6314 ,Owner as set forth in the said Surety Company's bond. IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this 6th day of December,2017. Great American Insurance Company of New York Sure Company Wan teven t cke , tto ey-in-Fact GREAT AMERICAN INSURANCE COMPANY OF NEW YORK New York Administrative Office:301 E 4TH STREET • CINCINNATI,OHIO 45202 • 513-369-5000 • FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than FIVE No.0 14893 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That the GREAT AMERICAN INSURANCE COMPANY OF NEW YORK,a corporation organized and existing under and by virtue of the laws of the State of New York,does hereby nominate,constitute and appoint the person or persons named below its true and lawful attorney-in-fact,for it and in its name,place and stead to execute on behalf of the said Company,as surety,any and all bonds,undertakings and contracts of suretyship,or other written obligations in the nature thereof;provided that the liability of the said Company on any such bond,undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power TRACY TUCKER STEVEN TUCKER ALL OF ALL W.LAWRENCE BROWN BENNETT BROWN FORT WORTH, $100,000,000.00 KEVIN J.DUNN TEXAS This Power of Attorney revokes all previous powers issued on behalf of the attorney(s)-in-fact named above. IN WITNESS WHEREOF,the GREATAMERICAN INSURANCE COMPANY OF NEW YORK has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 20TH day of FEBRUARY , 2017 Attest GREAT AMERICAN INSURANCE COMPANY OF NEW YORK '.-x. SEAL Assistant.5ecm1aj Dirisinnnl.Seninr f rcc Pn.rir/<u1 DAVID C.KrrCHIN(877-377-2405) STATE OF OHIO,COUNTY OF HAMILTON-ss: On this 20TH day of FEBRUARY 2017 ,before me personally appeared DAVID C.KITCHIN,to me known, being duly sworn,deposes and says that he resides in Cincinnati,Ohio,that he is a Divisional Senior Vice President of the Bond Division of Great American Insurance Company of New York,the Company described in and which executed the above instrument; that he knows the seal;that it was so affixed by authority of his office under the By-Laws of said Company, and that he signed his name thereto by like authority. . SIla.Watt a PYbIC•Slab Of Ohio Grir1- This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company of New York by unanimous written consent dated May 14,2009. RESOLVED: That the Divisional President,the several Divisional Senior Vice Presidents,Divisional Vice Presidents and Divisional Assistant Vice Presidents,or any one of them,be and hereby is authorized, from time to time,to appoint one or more Attorneys-in-Fact to execute on behalf of the Company,as surety,any and all bonds,undertakings and contracts of suretyship,or other written obligations in the nature thereof,-to prescribe their respective duties and the respective limits of their authority;and to revoke any such appointment at any time. RESOLVED FURTHER:That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of eithergiven for the execution of any bond, undertaking,contract of suretyship,or other written obligation in the nature thereof,such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company,to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION I,STEPHEN C.BERAHA,Assistant Secretary of Great American Insurance Company of New York,do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of May 14, 2009 have not been revoked and are now in full force and effect. Signed and sealed this 6th day of December , 2017 /�• SEAL,=; • �® / Assistant Secretary S1185L(06/15) Bond#CA 4047097 006L 19-1 MAINTENANCE BOND Page L of 3 SECTION 00 6119 MAINTENANCE BOND THE STATE OF TEXAS § §. KNOW ALL BY THESE PRESENTS: COUNTY OF TA.RRANT § That we Ark Contracting Services,LLC ,known as "Principal"herein and Great American Insurance Company of New York ,a eorporate'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, in the sum of One hundred seventy four thousand and no/100--- Dollars ($ 174,000.00 ),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 thel-3—day of.--'3 elp 20/45,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 VCWRF Chloride Basin 21-22 Catwalks, City Project No,02637 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 froth the City of the need therefoi,at any time within the Maintenance 1 Period. - I CTT Y OF FORT WORTH VCWRF Chlorine$asin 21-22 Catwalks STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.62637 Revised July 1,2011 f 1 c 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 I satisfactory to the City,then this obligation shall become null and void; otherwise to remain in k fi e full force and.effect.. PROVIDED,HOWEVER, if Principal shall fail so to repair or reconstruct any timely noticed defective Work,,it is agreed that the City may cause any and all such defective Work to s � be repaired and/or reconstructed.with all associated costs thereof being borne by the Principal and the Sukety 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 1 PROVIDED FURTHER,that this obligation shall be continuous in nature and successive recoveries may be had hereon for successive breaches. f; 1 i t I i f y I pR r { CITY OF FORT WORTI.1 VCWRF Chlorine Basin 21-22 Catwalks h STANDARD CONSTRUCTION SPECIFICATION'DOCUMENTS City Project No.02637 Revised July X,2011 6 't a w'° f d 006119-3 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 9 ,20 PRINCIPAL: Ark Contrayting Services,31C r BY: � T: W�) ' tgnature T`", A r ` Steven C.Bowman,President (Prin opal) retary Name and Title Address: 420 S Dick Price Road Kennedale,TX 76060 n s a�to Principal SURETY: Great American Insurance Company of New York Tracy Tucker,Attorney-in-Fact ATTEST: Name and Title Address: 900 Summit Ave. (SureA Secretary ✓ Ft Worth,TX 76102 -- Witness as to Surety Telephone Number: 817/336-8520 *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, i I I - I i CITY OF FORT WORTH VCWRF Chlorine Basin 21-22.Catwalks STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.02637 Revised July 1,2011 i AFFIDAVIT OF BILLS PAID STATE OF TEXAS § COUNTY OF TARRANT § Before me, the undersigned authority, personally appeared Mary Beth Stephens (name), the CFO / Treasurer (title) of ARK Contracting Services LLC (Company), who upon his/her oath deposed and said: On City of Fort Worth Contract described as: Village Creek WRF Chlorine Basin 21-22 Catwalks City Project No. 47313 All persons, firms, associations, corporations, or other organizations furnishing labor and/or materials have been paid in full all amounts due and owing as of this date except for those noted on the attached schedule. Any unpaid future obligations will be paid and satisfied directly out of funds paid in reliance on this affidavit; and The wage scale established by the City Council in the City of Fort Worth has been paid in full; and There are no claims pending for personal injury and/or property damages. All of the provisions of this release shall bind the ARK Contracting Services, LLC (Company) and its legal representatives, successors and assigns and shall inure to the benefit of the City. The person signing this document represents that he/she is duly authorized to do so on behalf of ARK Contracting Services, LLC (C `o �mpany). By:-1,I/ a, l Name: Nhary deth Stephens Title: CFO/Treasurer SUBSCRIBED, SWORN TO AND ACKNOWLEDGED BEFORE ME by Mary Beth Stephenson this the 6th day of December , 2017 to certify which witness my hand and official seal of office. Notary Public, St f Texas My commission expires: 2/7/20 TANA STEPHENJ220 a -C'S�fotary Public.State�� Comm.Expires 02-0Notary ID 726403 rrrnu`. SCHEDULE OF UNPAID AMOUNTS ContractorNendor Name: Amount Paid Amount Owed Percentage Owed NONE $ $ % $ $ $ $ $ $ $ $ $ $ $ $ If all contractors/vendors have been paid in full and there are no pending or known claims,write NONE on the first line. CDM- Smith DMSmith 100 Throckmorton Street,Suite 600 Fort Worth,Texas 76102 tel: 817 332-8727 fax: 817 820.0450 July 29,2016 Seiavash Mir y + 3 1000 Throckmorton Street Fort Worth,Texas 76102 Subject:City Project No.02637 Village Creek Water Reclamation Facility Chlorine Basin 21-22 Catwalk Project Contractor's Final Payment Application Dear Mir; CDM Smith has reviewed Ark's final payment application for construction services through July 20,2016 for the work performed as part of the Village Creek Water Reclamation Facility Chlorine Basin 21-22 Catwalk Project and recommends the City process the payment for$71,550.00. Included herein in one signed copy of the payment application including the schedule of values.The MWBE report is submitted directly to the MWBE office.Please let me know if you have any questions. Very truly yours, Amy Robinson,P.E.,BCEE Senior Project Engineer CDM Smith Inc. WATER+ENVIRONMENT+TRANSPORTATION+ENERGY+FACILITIES i