Loading...
HomeMy WebLinkAboutContract 27568 THIS COPY F0t CITY SECRETARY COMR CONTRACT NO. �2 COWRACTOR°S BONDING 00. -� My SECRE° Y FoRTWORTH . ���P�J► R'9OFFICE .ENGINEERING 6W. _.�._Ift-FILE COPY SPECIFICATIONS AND CONTRACT DOCUMENTS FOR THE DECONSTRUCTION OF EVANS AVE. FROM EAST ROSEDALE STREET TO EAST TERRELL AVENUE INCLUDING PAVING,DRAINAGE, WATER, SANITARY SEWER AND LANDSCAPE/PLAZA.IMPROVEMENTS PROJECT NUMBER: PW53-060530176260 PS58-070580175570 IN THE CITY OF FORT WORTH,TEXAS JoLY.26,.2001 KENNETH BARR GARY JACKSON MAYOR CITY MANAGER DALE FLSSELER,P.E. DIRECTOR OF WATER DEPARTMENT HUGO A.MALANGA,P.E. DIRECTOR,TRANSPORTATION AND PUBLIC WORKS A.DOUGLAS RADEMAKER,P.E. DIRECTOR,DEPARTMENT OF ENGINEERING PREPARED FOR DEPARTMENT OF ENGINEERING CITY OF FORT WORTH "lluG?D Q (l Et REaG,y riulff ZOLLARS - Kral!-zok,kA / Aradt C1���G?? N�a� a 500 Wed Sever Stet,Sda M Fort Worth,Tun 7= ` ( ' PART G - CONTRACT L ' THE STATE OF TEXAS § COUNTY OF TARRANT § THIS CONTRACT, made and entered into day of March 20 02 by and between the City of Fort Worth, a home rule municipal corporation located in Tarrant I_ j County, Texas, acting through its City Manager thereunto duly authorized so to do, Party of the First Part, hereinafter termed "OWNER", and SRO General Contracting, Inc. of the City of Fort Worth , County of Tarrant _, AND State of Texas , Party of the Second Part, hereinafter termed "CONTRACTOR'. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the Party of the First Part(Owner), said Party of the Second Part (Contractor) hereby agrees with the said Party of the First Part (Owner)to commence and complete certain improvements described as follows: THE RECONSTRUCTION OF EVANS AVENUE FROM EAST ROSEDALE STREET TO TERRELL AVENUE INCLUDING PAVING, DRAINAGE, WATER, SANITARY SEWER.AND LANDSCAPE/PL AZA IMPROVEMENTS Designated as project number, GR76-020212616010; GS67-020670406220• PW53-060530176260; & PS58-070580175570 . and all extra work connected therewith, under the terms as stated in the Contract 1. Documents, and at his (their) own proper cost and expense to furnish all the materials, supplies, machinery, equipment, tools, superintendence, labor, bonds, insurance, and other accessories and services necessary to complete.the said construction, in accordance with all the requirements of the Contract Documents, which include all maps, plats, blueprints and other drawings and printed or written explanatory matter thereof, and the specifications thereof, as prepared by the Engineers employed by the Owner, each of which has been identified by the endorsement of the Contractor and the Engineers thereon, together with the Contractor's Written Proposal and the other parts of the Contract Documents hereto -attached, including the Fort Worth Water Department General Contract Documents and General Specifications, all of which are made a part hereof and collectively evidence and constitute the entire contract. G - 1 The Contractor hereby agrees to commence work within ten (10) days after the date written notice to do so shall have been given to him, and to substantially complete same within the time stated in the Proposal. The Owner agrees to pay the Contractor in current funds for the performance of the contract in accordance with the Proposal submitted therefore, subject to additions and deductions, as provided in the Contract Documents and all approved modifications thereof, and to make payment on account thereof as provided therein. ( I IN WITNESS WHEREOF, the Parties to these presents have executed this Contract in octet in the year and day first above written. City of Fort Worth, Texas (Owner) ATTEST: Party of the First Part lI BLLAmoud Assistdnt City M ager Approval Recommended: dity Secretary (SEAL) Director, Department of Engineering Approve . s to Form and Legality: contract Authorization Date As6i9tan#ity Attorney CONTRACTOR: Approved: Director, Transportation and Public Works By: c C�r ry QY G-2 Mar 12 02 05: 03p First Odyssey Group 8172832601 p. 1 i BATE DDlYY) Acom CERTIF �►1" OF 1,1AB11.1 � �►U NC IsuYU3�11]3002 vsk0ou"A (713 6 3^1500 PAX t713)fsM-W8 —TWCERnFiCATE IS ISSUED AS A MATTER OF NF TION Edrown Spoan of Ttexa�, Inc. ONLY AND!CONKRS NO RIGHTS UPON TNT CERt�T�END OR HOLDER.THIS CERTIFICATE IMS NOT AMEND, 10700 N. W. IFeeftay, Suite 100 ALTER THE GOVERME AFFORDED BY THE POLICIES 861-OW, Houston, TX 77092 INSURERS APFO RDING COV9RAGE WSUREV 5Bq "n—er81 C91 CtTng, x4k• wSyttGRA: 9r'i dka S. .dstate Nit;0[nso� as A.E. for C.A.I. wsuRBR®: 10355 mills Road! wSISiERC. Houstolo, Taxaa 77070 Cl LNSLUUn na6uR�dr COVERAGE$ THE P9LICIES oa INSURANCE LISTEn 6EI Ow HAVE pGEN ISSLJRO TO TH&INsuREO NAMED ASovrz FOR THE POLICY PEWOD INDICATED.NOTINITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRAtt OR OTNlR DOCUMENT WITH ROPECT TO WHICH Troy CERTIFICATE MAY HE ISSLIku OR MAY PERTAIN,rHE RV$UAANCE AFFORDEb f'JV THE FMICIES DE$OgML0 HER61N IS%IJECT TO ALLTHE PERMS.EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,AGGREGATE LIWTS SHOWN MAY HAVE SEEN REDUCED BY PAtb CLAIMS 1......i TR TYPE OCIN6WUwt:E cOLiGY Ntu®8R P _1.1M1YS QENERALtlA01UTY EACHOCCURRfNG6 COMKW iCIAL GENERAL•LIABILITY KaiE pAMA(!E{Any ano fltal 3 ..._ CLAIMS MAO[. E3 OCCUR d{8p 6XP(MY eno pveeoh) S PMOW LADV NJURY S GENERAL AGGREGATE t p TLAGGREGATGLIMIt APPLACIsPER: PRODUCYS•COMWOp-cc = POLICY PRD• LtfC [ AUTOMOMLC 41Aet " V COlrtbk7k015WGW LIMIT S ANY AUTO e�uda��I .,.,. AI,L OWNEDAUTOS NoptLY INJURY E Mw pntsanl KHWULE4 MRP$ NIP60 AUTOS 80 DI1 Y uwdRY 3 NON.OWNEA AUTOS (Pertttxtr)Ml) PADOERTYDAMAGE 5 (Per swoon') Yyp�rASE•L1Atl1�ifY AUTOONIY EA ACCIDENT 9 ANYAUro OYNERTMAN SA ACC S AUTOONLY: AGG 3 AffGEtlli aJAntLLTY ppI;H OCCURAE:NCB S 00CUR CLAIMS MAN AGCiREGAYQ s GEDUGTIBLE S RET6NnON S WORKERS COMP&NSATION AND 02o01.aa2 oa R OZ/12�2003 tLnTS rcR EMPLOYCOW IJABILITY E.L.EACH ACCENT LE" 0 14 E V DISEAW•to eMP40Vts 160001000 e.LasFnsE•o cYLIMCr OTHER OMCK PTKM OF OPM WNt ILOCATtONSME+NCLCWEXCLOONS ADDED eY ENpORSEMENrISPKU6L PROVISIONS w CERTIPICATEHOLDER CANCELLATION t 400 ANY OF YNE AWA:DOCREe W P0LICIE6 SE CANCBLLO BEFORE Y" WMATION DATE THRIMCF.rM I"NG CCIMANY MOLL ENDl4AYOR Yb wd4 �n OATOTtWTTEMNCTMCETOTI tGCfi0.77Fl0A'Ib�OWF.IIN�TOTNHLEfr. The city of Fork warth SUr FAK.Un TD MAIL SUCM NOTICE SHALL IMM12 No OKfOATION OR LIAML" 1000 Throckwrton o1 ANY►a►IouPONSNNcOMpANY.tr9AOENTSCRRiP 56NTATLVCS. Fort Worth, TX 76102 AUrNOPL�OgUNWENTATIVE Gram 0 13MM of Tw as Tnd::'�, ' ACORD mJSaatzo CLlRPORAiI H 1988 CONTRACTOR COMPLIANCE WITH WORKERS' COMPENSATION LAW Pursuant to V.T.C.A. Labor Code §406.96 (2000), as amended, Contractor certifies that it provides workers' compensation insurance coverage for all of its employees employed on City of Fort Worth Project The Reconstruction of Evans Avenue from East Rosedale Street to Terrell Avenue Including Paving, Drainage, Water, Sanitary ( � Sewer and Landscape/Plaza Improvements and City of Fort Worth Project No. GR76-020212616010; GS67-020670406220; PW53-060530176260; & PS58-070580175570. f � CONTRACTOR: SIR& 6ene,�- xZ By: 9646-'X� Name: (?0411711e t-zz/ 5 Title: Date: STATE OF TEXAS COUNTY OF TARRANT Before me, the undersigned authority, on this day personally appeared d - C-P171)/60 known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of for the purposes and consideration therein expressed and in the capacity therein stated. Given Under My Hand and Sea[ of Office this /� day of 204 y: SUE R CARTER Public in and for the State of a J Notary Public,State of Texas Notary My Commission Expires Texas 11-29-05 Bond No. 5888479 PAYMENT BOND THE STATE OF TEXAS KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT That we,(1) SRO General Contracting, Inc. A as Principal herein, and(2) Westfield Insurance Company a corporation organized and existing under the laws of the State of(3) Ohio as surety, are held and firmly bound unto the City of Fort Worth, a municipal corporation located in Tarrant and Denton Counties,Texas, Obligee herein, in the amount of One Million, Nine Hundred Sixty-Seven Thousand, Five Hundred Sixty-One&50/100-=-------Dollars ( 1,967,561.50 ) for the payment whereof; the said Principal and Surety bind themselves and their 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 Obligee dated the 5th day of March .2002,which contract is hereby referred to and made a part hereof as if fully and to the same extent as if copied at length,for the following project: Evans Avenue Reconstruction from East Rosedale Street to Terrell Avenue NOW,THEREFORE,THE CONDITION OF THIS OBLIGATION IS SUCK that if the said Principal shall faithfully make payment to each and every claimant(as defined in Chapter 2253, Texas Government Code, as amended) supplying labor or materials in the prosecution of the work under the contract,then this obligation shall be void; otherwise, to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance mith the provisions of said statute,to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the duly authorized representatives of the Principal and the Surety have executed this instrument. SIGNED and SEALED this 11 th day of March 2002 SRO GENERAL CONTRACTING, INC. PRINCIP� ATTEST: By. Name: (Principal)Secretary Tide: /r_° �G'h - (S E A`L) Address: P.O. Box 136577 Fort Worth,Texas 76136 ( I %ffdness as to Principal WESTFIELD INSURANCE COMPANY SURElv L I .ATTEST: By: Q Name: Tamara E.Murray Secretary Attorney in Fact IS E A L) Address: 555 Republic Drive,Suite 450 i Plano,Texas 75074 i Witness as to ty Telephone Number. (972)516-2600 NOTE: (1) Correct name of Principal(Contractor). (2) Correct name of Surety. f (3) State of incorporation of Surety Telephone number of surety must be stated. In addition,an original copy of Power of Attorney shall be attached to Bond by the Attorney-in-Fact � E The date of bond shall not be prior to date of Contract. ' 'i G.@faecal POWER NO. y ZZ 005 Z Power of Attorney Westfield Insurance Co. CERTIFIED C-dPY Westfield Center, Ohio 'Know All Men by These-Presents,That WESTFIEW.INSURANCE COMPANY,a corporatibn duly organized and existing under the laws of tit State of Ohio;and having its principal office in Westfield Center, Medina County, Ohio, does by these presents make, constitute•and appoir CNAi X D. SiM, TAfiIARA E. M.IRf2AY,•MiC iAEL A. SAY, KYLE W. SMEY, BOBBY E. KAYO, JOWLY OR•SEVER LY . of FORT WORTH r and State of TX-Its true and lawful Attorne s in-Fa with full lai:e grid stew to y( )' � P��and authority hereby conferred In its name P d, execute,-acknowledge and de! b;sh3P. . 9 fiver any and all ponds, recognizance..undertakings, or oilier or caiitracts of s.q y. • . . w . ...w . - R . w w a s a . . . . LimiTAT1oy: T 9. POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIEkey, MORTA' AGE GU�NTE`,Ott BANK DEPOSITORY PONDS. and to bind the Company thereby as fully and tp the same extent as if such bonds were signed by the President,sealed with the corporate seal . of thp Company and duly.attested by Its Secretary,'Fiereby, ratifying and confirming all that the said Attomeq(s)-1n-Fact may do in•the•premises. r Said appolntment Is made under and by authority of the following resolutions.adopted by the Board of Directors Of the 1Mestfibld insurance !, Company: Be It Resolved,that the President,any'Vice=President,any Secretary or any Assistant Secretary shall be and Is hereby vested-WIth full power and=auihority'to•appoint any one or more suitable persons as Attornay(s)-in-Fact to represent and act for and on behalf of the -company subje116 ifie foilovMg provisions: ( 'SeeCUOII 11 Attorney-In-Fact Attorney-ln-Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute,,acknowieclge and deliver, any and ail bonds,"r mgntzances, contracts, agreements of indemnity, and other eonditignal.or obligatory undertakings and any and all notices and documents canceling or terminating the Compahy s liabiitty thereunder,-and any such instruments so executed by any such Attorney-in-Fact•shall be as binding upon the Company as if signed by the.Presiderrt and sealed and attested by the Corporate Secretary." (Adopted at a meeting.held on the 3rd day of July,1957.) "Be it Resolved,that the power and'a'uthority to appoint Attorneys)-in-Fact granted to certain officers by a resolution of this Board on the 3r8 day of Juty,.1957,Is.hereby also granted to any Assistant Vice-President."' (Adopted$t a meeting herd on the 13th day of July;1978.} This power•of 4orney and dertificate is signed and sealed by facsimile under and by the authority cf the following Resolution adopted by the Board of Directors of the Westfield insurance Company at a meeting duly calved and held on the 8th day of June,1970:, 'Be It Resolved,that'the signature of any authorized officer abd the seat of the Company heretofore or hereafter afrxed to any polder of attorney or airy certificate relating thereto by facsimile,and any power of attorney or certfricate bearing facsimile signatures or facsimile seel j shall be valid:and binding upon the Company with respect to any bond or undertaking.to Which It is attached., In Witness Whereof,WESTFIELD INSURANCE COMPANY has caused these presents to be signed by Its Vita President;and Its corporate feat to be hereto atlixed tills' ��1ay of M� A.D,, PO01• Corporate WESTFIELD INSURANCE COMPANY I l. Affixed limp lot'State of Ohio • By County of Medina ss.: y Richard L Kinnaird,.Jr. Vice President Ori.this M day ofi MW A D., before me personally came Richard L i lnnaird,,Jr.,to me known,who,being by me duly swam,diet depose and say;that he resides In Medina, Ohio;that he is Alice President of WESTFIELD INSURANCE COMPANY,.the company t_i described In and which executed the above Instrument;that he knows the seal of said Company;that the seal affixed to`said Instrurinent•is such corporate seal;that it was to affixed by order of the Board of Directors of said Company and that he signed his name thereto by like order. Notarial AfStI X41 A t s State of Ohio James M.Walker Nota ry Publlc ;,n a . Cauhty of Medina ss, q Z�€ My Commission Does Not Expire rZ «F••'o• '� Sec.147,03'Ohio RdVised Code CERTIFICATE 1, Richard A.Wallet,Assistant Secretary of the WESTFIELD INSURANCE COMPANY,do hereby certify that the above and foregoing Is a trud.and correct copy of a Power of Attorney,executed by said Company,which Is still Ih full force and effect;and furthermore,the resolutions jot Me Board of Directors,set out In the Power of Attorney are In full force and effecL in Witness Whereof, I have hereunto set my hand and affixed the seal of said Company at Westfield Center, Ohio,this 11th day of March ' p D 2002 Uf - '•• �r� Richard A.Wallet Assistant Secretary BP6AVLl2(03-a9) Bond No. 5888479 PERFORMANCE BOND THE STATE OF TEXAS KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we,(1) SRO General Contracting, Inc. as Principal herein,and(2) Westfield insurance Company a corporation organized under the laws of the State of(3) Ohio and who is authorized to issue surety bonds in the State of Texas, Surety herein, are held and firmly bound unto the City of Fort Worth, a municipal corporation located in Tarrant and Denton Counties, Texas, Obligee herein, in the sum of One Million, Nine Hundred Sixty-Seven Thousand, Five Hundred Sixty-One& 50/100-- Hars(j&�561.�5o)for the payment of which sum we bind ourselves,our heirs, executors,administrators, successors and assigns,jointly and severally,firmly by these presents. WHEREAS, Principal has entered into a certain written contract with the Obligee dated the 5th day of March -2 2002, a copy of which is attached hereto and made a part hereof for all purposes, for the construction of' Evans Avenue Reconstruction from East Rosedale Street to Terrell Avenue including paving,drainage,water,sanitary sewer and landscape/plaza NOW, THEREFORE, the condition of this obligation is such, if the said Principal shall faithfully perform the work in accordance with the plans,specifications, and contract documents and shall fully indemnify and hold harmless the Obligee from all costs and damages which Obligee may suffer by reason of Principal's default, and reimburse and repay Obligee for all outlay and expense that Obligee may incur in making good such default, then this obligation shall be void;otherwise,to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in J accordance with the provisions of such statute,to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the duly authorized representatives of the Principal and the Surety have executed this instrument. SIGNED and SEALED this 11th day of—March ,100 I ' L , SRO GENERAL CONTRACTING, IN PRINCIP L ATT ST.- By. Name: (Principal)Secretary �J / Title: IS E A Q Address: P.O. Box 136577 Fort Worth,Texas 76136 Whin-es-As-0 P napal LWESTFIELD INSURANCE COMPANY SUREIv ATTEST.- By: . MILcm- Nam Tamara E.Murray Secretary Attorney in Fact (S E A L) Address: 555 Republic Drive,Suite 450 Plano,Texas 75074 _J i Witness ag to Surety Telephone Number. (972)516-2600 ( � NOTE: (1) Correct name of Principal(Contractor). (2) Correa name of Surety. (3) State of incorporation of Surety Telephone number of surety must be stated. In addition,an original copy of Power of Attorney shall be attached to Bond by the Attorney-in-Fact j The date of bond shall not be prior to date of Contract. i_ _i | | . | | Bond No. 5888*79 _ Y]8E STATE OFTEXAS � / | . - . \ | COUNTY 0FTABRANT � " That SRO General -("Contractor"), as principal, und | | a corporation organized under the laws of the State of_Ohio ____ | | ("Surety"), do hereby acknowledge themselves to beheld and bound to pay unto the City of Fort Worth, a Municipal Corporation. chartered by virtue of Constitution and kaxvo of the State of [| Texas' ("City") in Tarrant County. Texao, the sum of One Million Nine Hundred ' Five Hundred Sixty-One Dollars | . lawful money of the United Gtatao, for payment of which aunn well and huk/ be made unto said City and its successors, said Contractor and Surety do hereby bind themselves, their heirs, | | exeoutoro, administrators, assigns and successors,jointly and severally. This obligation is conditioned, however, that: WHEREAS, said Contractor has this day entered into a written Contract with the City of Fort / | Worth, dated the 5th of March _ 2002. a copy ofwhich is hereto attached and made o part hereof, for the performance of the following described public improvements: Evans Avenue Reconstruction East Rosedale Street to Terrell Avenue including paving,drainage,water,sanitary sewer and landscape/plaza improvements � | | the morno being referred to herein and in said contract as the Work and being daoiQnobad as project number(s) and said oontnact, including all of the opecifiumtiono, conditions, addenda, change mmdamm ond written instruments referred to therein as " Contract Documents being incorporated herein and being made a part hereof; and, WHEREAS, in said Contract, Contractor binds itself to use such materials and to so construct | | u the work that it will remain in good repair and condition for and during e period oy after the data of the final acceptance of the work by the City; and | � WHEREAS, said Contractor binds itself to maintain said work in good repair and condition for said term ofone yea[; and � | WHEREAS, said Contractor binds itself to repair or reconstruct the Work in xvho|o br in � | port at any time within said pehod, if in the opinion of the Director of the City of Fort Worth Department ofEngineering, it be necessary; end' ' � J � | !�J | � � ] \ ' —� WHEREAS, said Contractor binds itself, upon receiving notice of the need therefore to repair or reconstruct said Work as herein provided. NOW THEREFORE, if said Contractor shall keep and perform its said agreement to maintain, repair or reconstruct said Work in accordance with all the terms and conditions of said Contract, these presents shall be null and void, and have no force or effect. Otherwise, this Bond shall be and remain in full force and effect, and the City shall have and recover from Contractor and Surety damages in the premises as prescribed by said Contract. This obligation shall be a continuing one and successive recoveries may be had hereon for successive breaches until the full amount hereof is exhausted. IN WITNESS WHEREOF,this instrument is executed in - counterparts, each of which shall be deemed an original, this 20th day of March A.D. 209Z. ATTEST: SRO GENERAL CONTRACTING, INC. (S E A L) Contractor By: Secretary Name: Title: ATTEST: WESTFIELD INSURANCE COMPANY (S E A L) Surety By: &A . Secretary Name: Tamara E.Murray Title: Attome.y-in-Fact Address . . ( � General POWER NO' 4220052 05 PC)VV8[ � | of Attorney� | Westfield Insurance Co. CERTIFIED COPY Westfield Center, Ohio � 1 | Know All Men existing under the laws ovthe | | State of Ohio, and having its principal omoo in Westfield conter, Medina county, omu uoan by these presents make, constitute and appoint CHARLES m. nWEEmeY,TAMARA E. MuouAYM/CoAELu- wWEEmEY, mYLcxuoWEEmEY, eOBBY E. MAYO,JOINTLY oe oEvsRu|cv of FORT WORTH and State o,Tu its true and lawful xttomovs>-|n-Fact,with full power and authority hereby conferred |n its name, place and oteau. to axacute, ouxnm*|uuno and uc/|ve, any and an uvnuo, r,vne�zennes' unup� wother� ngs. or n *, instruments or contracts of suretyship - - - - - ' ' '' ' - - - ' ' - - ' - - - ' ' ' - ' ' - - - - '- - - - - - ' - - - - _ _ _ _ _ _ _ _ _ _ _ _ '' ' ' ' -- / | THIS POWER OF ATTORNEY oAmmoT BE USED TO EVEuurc moTs GUARANTEE, MORTGAGE msnmsmoY, MORTGAGE GUARANTEE, mn BANK DEPOSITORY BONDS. and to bind the Company thereby and tu the same extent au if such bonds were signed by the President,sealed with the corporate vua| | | of the Company and duly auoou,u by its accretary. hereby ratifying and confirming all that the said Aftvmey(s)'m'Fa� may do in the premises. oo|u appointment |s �oue under and uv authority of following resolutions adopted uv �»� 000nu u, Directors o� mo Westfield Insurance � Company: It Resolved, power and authority to appoint any one or more suitable persons as Attorn ey(s)-i n-Fact to represent and act for and on behalf of the Company subject to the following provisions: 'Section 1. Attorney-in-Fact. Attorney-in-Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements of Indemnity and other conditional or obligatory undertakings and any and all^ notices and documents canceling ~ terminating the Company's "liability thereunder, and any such instruments oo executed u any such xuo | Fact shall be binding the Company as If signed b the President u sealed and L/ attested by the Corporate Secretary." (Adopted at a meeting held on the 3rd day of July, 1957.) "Be It Resolved,that the power and authority to appoint Attorn ey(s)-i n-Fact granted to certain officers by a resolution of this Board on the 3rd day of July, 1957, is hereby also granted to any Assistant Vice-president." (Adopted at a meeting held on the 13th day of July, 1976.) This power of attorney and certificate is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Westfield Insurance Company at a meeting duly called and held on the 9th day of June, 1970: � attorney or any certificate relating thereto ay facsimile,and any power of attorney or certificate bearing facsimile signatures m facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which It is attached." In Wunnox wmemoC mEorpIELo ovauRxwos ooMpAWv has caused these presents to be signed by its Vice President, and its corporate � seal to be hereto affixed this 1mto day orMAY A.o,uoo1 . L�] Corporate VVE8TF|ELD INSURANCE COMPANY Seal 0WASURA/1, 1% � � | Am ed |� State u/Ohio ran 0 A 8y | | County of Medina as.: Richard L K]nnaird. Jr. - Vice President u on this 15th day of MAY x.o,2on , before ma personally came Richard L. @Oono|rd. Jr.,to me known, who, being by me duly \ | mwom, mu depose and say' that he raomos in Medina, Ohio; that he Is Vice President o,vvEaTF|eLo |NounAmCs oompxwY, the company (_] described in and which executed the above Instrument;that he knows the s:q| of said Company;that the seal affixed to said Instrument Is such corporate seal;that It was so affixed by order of the Board of Directors of said Company;and that he signed his name thereto by like order. wmana| sees lisle | S"=/ | | mnmm James M.Walker Notary Public � | State ofOhio uoum«mwomna ms�� My Commission Does wm Expire ^~ e OF Sec. 1*7.03 Ohio navoeu Code CERTIFICATE 1, Richard A. Wallet, Assistant Secretary of the WESTFIELD INSURANCE COMPANY, do hereby certify that the above and foregoing Is a |—/ true and correct copy of a Power of Attorney,executed by said Company,which Is still in full force and effect;and furthermore,the resolutions of the Board of O|madona.set out in the Power of Attorney are In m|| force and effect. 20th | in mm Whereof | have hereunto set my hand and affixed the oua| of said Company at Westfield cantar, oh|o, this day of | muuruu A.D., �002 Vol SE'— Richard A. Wallet Assistant Secretary BPOAW2 (03-99) r, DATE(MMIDDIYY) AC®RD. CERTIFICATE ®F LIABILITY INSU NC 03/08/2002 rRODUCER (817)457-6700 FAX (817)457-7246 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION I_THE SWEENEY COMPANY ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 11121 E. Loop 820 South ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P 0 Box 8720 Fort Worth, TX 76124-0720 INSURERS AFFORDING COVERAGE JSURED SRO General Contracting, Inc. INSURER A: Continental Casualty (CNA) P.O. Box 136577 INSURER B: Transportation Ins Co (CNA) Fort Worth, TX 76136 INSURER C: United Natl Ins Co (Casualty Market) i INSURER D: i INSURER E ' :OVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING I ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY NUMBER PDATEYMMIDD Y) PDATE MMI D/YY N LIMITS LTR GENERAL LIABILITY TCP 2050111173 11/01/2001 11/01/2002 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Any one fire) $ 50,000 A X CONTRACTUAL PERSONAL&ADV INJURY $ 1, CLAIMS MADE a OCCUR MED EXP(Any one person) $ 5,000 ( 000,00 X XCU GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 POLICY X PRO- LOC PRO- AUTOMOBILE LIABILITY BUA 2050111187 11/01/2001 11/01/2002 COMBINED SINGLE LIMIT $ j X ANY AUTO (Ea accident) 1,000,000 X ALL OWNED AUTOS BODILY INJURY $ 1B X SCHEDULED AUTOS (Per person) X HIRED AUTOS ' BODILY INJURY X NON-OWNED AUTOS (Per accident) $ <i PROPERTY DAMAGE $ (Per accident) ' GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ f EXCESS LIABILITY CU77651 03/01/2002 11/01/2002 EACH OCCURRENCE $ 2,000,000 __j fl FI CLAIMS MADE AGGREGATE $ 2,000,000 ,C $ DEDUCTIBLE $ RETENTION $ $ C STAT - T - WORKERS COMPENSATION AND TORY LIMITS ER EMPLOYERS'LIABILITY E.L.EACH ACCIDENT $ E.L.DISEASE-EA EMPLOYE E.L.DISEASE-POLICY LIMIT $ "l OTHER DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS e: Evans Avenue Reconstruction Proj #'s GR76-020212616010, GS67-020670406220, W53-060530176260, PS58-070580175570 CERTIFICATE HOLDER ADDITIONAL INSURED;INSURER LETTER: CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, I City of Fort Worth BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 1000 Th rockmorton OF ANY KIND UPON THE COMPANY,ITS AGENTS OR REPRESENTATIVES. Fort Worth, TX 76102 AUTHORIZED REPRESENTATIVE ACORD 25-S(7197) ©ACORD COR RA ION,1988 I Worth, Texas City OJ U. I W Mayor and Council Communication DATE REFERENCE NUMBER LOG NAME PAGE 3/5/02 **C-18983 1 20SR0 � 1 of 2 SUBJECT APPROPRIATION ORDINANCE AND AWARD OF CONTRACT TO SRO GENERAL CONTRACTING, INC. FOR EVANS AVENUE RECONSTRUCTION FROM EAST ROSEDALE STREET TO TERRELL AVENUE AND PLAZA IMPROVEMENTS RECOMMENDATION: It is recommended that the City Council: 1. Authorize the transfer of $170,000.00 from the Water and Sewer Operating Fund to the Water Capital Project Fund in the amount of $118,202.00 and the Sewer Capital Project Fund in the amount of$51,798.00; and 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Water Capital Project Fund in the amount of$118,202.00 and the Sewer Capital Project Fund in the amount of$51,798.00, from available funds; and 3. Authorize the City Manager to execute a contract with SRO General Contracting, Inc. in the amount of$1,967,561.50 for the reconstruction of Evans Avenue from East Rosedale Street to Terrell Avenue and the construction of a public plaza near the intersection of Evans Avenue and Pulaski Street. DISCUSSION: On January 11, 2000 (M&C G-12784), the City Council authorized the City Manager to apply for a grant in the amount of $1,200,000.00 from the Economic Development Administration for the Heritage Park Center. The City's participation for the grant is $813,000.00 ($443,000.00 in Community Development Block Grant funds; $200,000.00 in undesignated funds for COUNCIL DISTRICT 8; and $170,000.00 in water and sewer operating funds). The total available funding of $2,013,000.00 will be used to reconstruct Evans Avenue from Rosedale Street to Terrell Avenue with urban design elements including trees, plantings, irrigation, benches, monuments, art, signage, banners, enhanced paving, lighting, and a plaza with a fountain. The total water and sewer construction funds of $170,000.00 will be provided by the Water and Sewer Operating Fund ($103,309.00 for water replacements and $43,798.00 for sewer replacements). In addition to the contract cost, contingencies for change orders are $6,500.00 and $3,500.00 for water and sewer respectively. Associated costs for construction inspection and survey are $8,393.00 and $4,500.00 for water and sewer respectively. Of the total $1,643,000.00 from grant funds, $32,545.50 is designated for contingencies. The project budget is as follows: Construction Contract $1,967,561.50 Construction Inspection and Survey $ 12,893.00 Contingencies $ 32,545.50 City of`.fort forth, Texas Mayor and Council Communication DATE REFERENCE NUMBER LOG NAME PAGE 3/5/02 **C-18983 20SRO 2 of 2 SUBJECT APPROPRIATION ORDINANCE AND AWARD OF CONTRACT TO SRO GENERAL CONTRACTING, INC. FOR EVANS AVENUE RECONSTRUCTION FROM EAST ROSEDALE STREET TO TERRELL AVENUE AND PLAZA IMPROVEMENTS Total $2,013,000.00 The delay between the time bids were received and the award of contract, was to satisfy all of the Economic Development Administration grant requirements. The alternate bids provide sidewalk pavers, trees, ground lighting along Evans Street in the vicinity of three historic churches, and a portable aluminum stage over the fountain at the plaza. It is recommended that none of the alternate bids be awarded at this time, because the total bid price would exceed available funding. BID ADVERTISEMENT - This project was advertised for bid on July 26 and August 2, 2001. On August 23, 2001, the following bids were received: Bidder Base Bid Alternate Bid Total Bid SRO General Contracting, Inc. $1,967,561.50 $254,344.50 $2,221,906.00 AUI Contractors, Inc. $2,030,233.65 $199,193.72 $2,229,427.37 Jackson Construction, Ltd. $3,175,954.00 $253,618.00 $3,429,572.00 M/WBE - SRO General Contracting, Inc. is in compliance with the City's M/WBE Ordinance by committing to 43% M/WBE participation. The City's goal on this project is 33%. This project is located in COUNCIL DISTRICT 8, Mapsco 77K. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that upon approval and completion of recommendation No. 1, and adoption of the attached appropriation ordinance, funds will be available in the current capital budgets, as appropriated, of the Water and Sewer Capital Project Funds, the Grants Fund and the Street Improvements Fund. BG:n Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) 1&2) PW53 472045 060530176260 $ 118,202.00 Bridgette Garrett(Acting) 6140 1&2)PS58 472045 070580175570 $ 51,798.00 Originating Department Head: 2)PW53 541200 060530176260 $ 109,809.00 2)PW53 531350 030530176260 $ 8,393.00 2)PS58 541200 070580175570 $ 47,298.00 APPROVED 3/5/02 2)PS58 531350 030580175570 $ 4,500.00 ORD.#15005 Hugo Malanga 7801 (from) 1)PE45 538070 0609020 $ 118,202.00 Additional Information Contact: 1)PE45 538070 0709020 $ 51,798.00 3)GR76 539120 020212616010 $1,620,454.50 3)GS67 541200 020670406220 $ 200,000.00 3)PW53 541200 060530176260 $ 103,309.00 Hugo Malanga 7801 3)PS58 541200 070580175570 $ 43,798.00