HomeMy WebLinkAboutContract 44782 A/00
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COPY
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JE T ANUA
t1i 11. (
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FOR N0110
i
THE CONSTRUCTION OF
Water and Sanitary Sewer
Replacement C ntr t 2010 S Avenue Birch man an Avenue
El C nipwt Avenue Lib bey Avenue
ry�
Clity Project New. 1494
ELECTRONICALLY
SEALED 4/23/2013
„ R%4
OF
CAR Ashland
.�► ``
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Drainage Improvements
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�w sa nwiwwww war�rww!wwrr�wrwww wwarw�wr�
City Pr r e ct No.01918
VAWAM Do WENDLAND SCOTT K. HUBLEY
ww�mwwsww.wwwarww.wwwgr+avuh�ar�•+�w
679510"'1
, � 1 AW
Betsy Trice Tom Higgins
Mayor City Manager *$TENS';�**
*61*006 e
� o
o'"'
S. Frank Crumb, Pi.E. h 0�
Director Water Department
The seal of William �" u l of,�c+ K.
D. enrll un l, s Douglas l� W. �+�r�i , P.E. Hnbile , PE is for CAH
for Water and Director, Transportation and Public Works Ashland Drainage
S .tl ry Serer Improvements
Replacement Contract Prepared for
The City of Fort Worth
Water Department
And Transportation and Public Works Department
2013
PREPARED BY0
Per
uURGEq'-jS 'a NIPLE FRN
amoft-mm
Plaza,V11 Engineers 0 Plann
Of,*1 4055 Internationol 001 Sulte, 200
nri 'Worth, Texos, 7'6 0q-489
Burgess & Niuple, Inc. 1 735-7300
Ft",,J - (81 7) 749
3950 Fossll Creep Bled Sabha
Fort Worth, 'TX 76,13 7 Freese and Nichols, Inc.
TBPE Flan Registra lon No. F-N Texas Registered Engineering Firm F-2144
B & N N ... 50285
E
City of Fort Worth, Texas
,wool,
Mav, n.,,.. r anu' t'.00uncil Co unication
DATE: Tuesday, August 06, 2013 REFERENCE NO, C-26383
LOG NAME-, 601 OSTS E-WOODY
SUBJECT*
Authorize Execution of a Contract with Woody Contractors, Inc., in the Amount of$2,'9916,884.5.5 for Water
and Sanitary Sewer Replacement Contract 2010, STM-E on, Ash,land Avenue, Birchman, Avenue, Ell
Campo Avenue and Lib bey Avenue and Central Arlington Heights - Ashland Drainage Improvements,
Provide for Project,Costs and Contingencies for a Project Total in the Amount of$3,2912,565-55 (COUNCIL.:
DISTRICT 7)
RECO,MM'ENDATION:
It is recommended that the City Council authorize the execution of a contract with Woody Contractors,,
linc., in the; amount of$2,996,884.55 for Water and Sanitary Sewer Replacement Contract 20 1,0, STM-E
and Central Arlington Heights -Ashland Drainage Improvements.
DISCUSSION:
On April, 12, 20111 (M&C C-24857)the City Council authorized an Engineering Agreement with Burgess
and Niple, Inc., for preparation of plans, and, specifications for Water and Sanitary Sewer Replacement
Contract 2010, STIVI-E.
On July 17, 2012, (M&C C-25721) the City Council authorized an Engineering Agreement with Freese and
Nichols, Inc., for preparation of plans and specifications for Central Arlington Heights-Ashland Drainage
Improvements.,
In order,to achieve construction efficiencies, the two projects were combined and hid collectively.
This Mayor and Council Communication is to authorize a construction contract for the,water and/or sewer
main replacement and dirai,nage/pave rent improvements as indicated on the following streets:
Street From To lbcope of Work
s-hiand Avenue C�j� o"i Boulevard El Cam,"o avenue 'Water/Serer
shland Avenue El Carnno, Avenue Bryce Avenue: 'Draln ��� ement,
70
Birchman Ave .Clover Lane :Ashland Avenue Water
nue
El CaTpoAvenue Street Omer Lane Water
:
L,ibbey enue revost Street Faron Street Water
The project was, advertised for bid on May 2, 2013 and May 9, 2013 in the Fort Worth Star-Tole qram. On
June 6, 201,13, the following bids were received:
Bidder Amount Time of Col letion
Woody Contractors, Inc. $2,996,884.55 2,301 Calendar Days
Logname.- 6010STME-WOODY Page I of 2
............... ............
hPe
Jackson Construction, Ltd $31,548""1280.50
Ark Contracting Services LL,C ,735,7912.50
In addition to the contract cost, $19�0,,000.00 (water- $3�5,10001.,O�0,, sewer�- $22,,0001.00, drainage/pavement
$1
33,0 10.00) is required for construction air n'king, ispe�ctioln and miater,i,'al testing and $105,681.00 (water:
$40,649.00, sewer: $25,000.00, drainage/pavement, $140,032.00) is provided for project contingencies.
M/WBIE Office.: Woody Contractors, Inc., is in compliance with the City's BDE Ordinance by committing to
10 percent IMBE participation and documenting good faith effort. Woody Contractors, Inc., identified
several subcontracti'n�g and suppl�ier opportunities., However, the MB,E's contacted in the areas identified
M
did n submit riot smit the lowest b�lds,. The City's, MBE goal on this project is percent.
The project is located in COUNCIL DISTRICT 7, Miaps,co 74R and 75G, 7 nd 751N.
FISCAL INFORMATION /CER"IrIFICATION:
The Financial Management Services Director certifies that funds are available in the current capital
budgets, as, appropriated, of the Water Capital Projects Fund, the Sewer Capital Projects Fund and the
Stormwater Capital Projects and Fund.
FUND, CENTERS-.,
TO FunidAccount/Centers, FROM, Fund/Account/Ceinters
P253 541200 6071 7 49483 $11034�11235.010
P258 54120101 7071 7011 94183 $628,236,..00
P227 541200 207280191883 $11334,413,55
CIERTIFICATIONSO
Submitted for 0 S Office Fernando Costa (61122)
ly Mangger'
Orl'ai nano g Department Head-, S. Frank Crumb, (82017)
Additional Information Contact* Roberto C. Sauceda (,2387)
ATTACHMENTS
1, 157. 6010STMEMOODY (FAR funds verification JCT '7-16-2013).doc:x (CF W Internal)
2. 157b. FAR-01 918-000,03-Construction(601 0STIVIE-Wood,y).-Odf (CF's'" Internal)
31. 6010STMEMOODY PLI,ANCEpdf (CFW Internal)
4. 60,10STME-WOOD,Y' MAP 01, (Public)
5. 61010STME-WOODY MAP 02.pdf (Public),
61. FAR-00005 C I P#01 1494 P258_.ir))d (CFW Internal)
7. F'AR-0004 CI P#01494 P,253.lDdf (CFW Internal)
Lognarne: 6011 ST '`W ge 2 oft
005243-1
Agreement
Page I of 4
I SECTION 00 52 43
2 AGREEMENT'
4 THIS AGREEMENT authorized on � is made by and between the City of Fort
5 Worth, a Texas home rule municipality, acting by and through its duly authorized City Manager,
("City"'),, and Woody Contractors, I
7 authorized to do business in Texas, acting by and through its duly authorized representative,
8 ("Contractor").
City and Contractor, in consideration of the mutual
covenants hereinafter. yet Borth, agree as
10 follows:
1.1 Article 1. WORK
2 Contractor shall complete all Work as specified or indicated in the Contract Documents for the
13 project identified herein.
14 Article 2. PROJECT
15 The project for which the Work under the Contract Documents may be the whole or only a part is
16 generally described as follows:
17 Water any Sanitary Sewer Replacement Contract 2010 S 1:"M-E fit l`ro. t No. 0149 4
1 8 Ashland Drainage Im rovernents C ty l ro"ect . 01918
1 -Article 3. CONTRACT TI
20 3.1 Time is of the essence.
1 All time limits for Milestones, if any, and Final acceptance as stated in the Contract
Documents are of the essence to this Contract,
3 .2 Final Acceptance.
The Work Time be complete for Final Acceptance within 290 day after the date when the
5 Conti
'Time commences to run as provided in Paragraph 2.03, of the General Conditions.
26 The following additional time restraints apiply as well. All work along Birc ma,n Ave.,
7 Clover Ln., Thomas PI., and the I-30 frontage road, shall be completed and accepted prior
r to the start of the school year (august 271 2013 . Dace construction starts. on C
Ashland, all Work for C l l Ashland including water, drainage, and paving improvements
30 along Ashland Avenue between El Campo and Bryce shall be completed within 165 days.
1P p
1 In addition, the contractor will only be allowed 75 of the 165 days to complete all CAH
32 Ashland drainage improvements.
33 3.3 Liquidated damages
ma es
34 Contractor recognizes that time is of the essence of this Agreement and that City will
35 suffer financial loss if the Work is not completed within the times specified in Paragraph
2 above, plus any extension�" � accordance Article �� of the
� ns� ��n thereof allowed in actor ,ante with
n, w
General Co
�� � Conditions. The Contractor also recognizes, the delays, expense and difficulties
38 involved in proving in, a legal proceeding the actual loss suffered by the City if the Work
RIM_ 39 is not completed on time.. Accordingly, instead of requiring any such proof , Contractor
40 a gr�ees that as liquidated damages for delay (but not as a penalty), Contractor shall pay
41 City six.-hundred and fifty Dollars ($650.00) for each day that expires after the tirne
CITY of FORT'WORTH Water and Sanitary sewer Replacement Contract 2010 ST -E
S�TANDAIRD CONSTRUCTION SPECIFICATION DOCUMENTS.ICUI IP:NTS "..ity Project No.01494
{
Revised AugLlSt.17,2012 +CAH Ashland Drainage, Improvements City Project No.01918
005243-2
Agreement
Page 2 of 4
42 specified in Paragraph 3.2 for Final Acceptance until the City issues the dial Letter of
43 Acceptance.,
44 Article 4. CONTRACT PRICE
45 City agrees� � y Contractor for performance of the Work in accordance with the Contract
41 Documents an ;.mount in current funds of
Two Million Nine Hundred Ninety Six Thousand Eight Hundred Eighty Four and 55)100 Dollars my yJ1V
47 996 884.55
48 Article 5. CONTRACT DOCUMENTS
49 5.1 CONTENTS:
50 A. The Contract Documents which comprise the entire agreement between City and IP
51 Contract or concerning the Work consist of the following.-
52 1. This Agreement.
53 2. Attachments to this Agreement:
54 a. Bid Form
55 1 Proposal "oral m
56 2 Vender Compliance to State Law Non Resident Bidder
57 3 C Prequ al i is ati on S taternent
58 4 State and Federal documents (prqject specific)
59 b. Current Prevailing Wage date Table
c. Insurance AC RD Form(s)
61 d Payment Bond
2 e. Performance Bond
3 f. Maintenance Bond
4 g. Power of Attorney for the Bonds
5 h. Worker's Compensation A ffi day i t
661 i. MBE and/or S E Commitment Form
7' 3. General Conditions.
4. Supplementary lementary Conditi ons. � )y
619 5. Specifications specifically made a pert of the Contract Documents by attachment
70 or, if not attached, as incorporated by reference and described in the Table of
71 Contents of the Project's Contract Documents.
7 . Drawings.
73 w Addenda..
74 8. Documentation submitted by Contractor prior to,Notice of Award. 1
75, 9. The following which
y be delivered or issued after the Effective Date of the
76 Agreement and, if issued, become an incorporated part of the Contract Documents,,
77 a Notice to Proceed.
78 b. Field Orders..
79 c. Change Orders,
d. Letter of Final Acceptance.
81
CITY OF FORT WORTH Water r nd Sanitary Sewer Replacement Contract 2010 STM-
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Nei.01494
Revised August 17,2012 CAH Ashland Drainage Irn proverne tits City Project No.0 191 8 �y
005243-3
Agreement
Page 3 of
83 article 6 INDEMNIFICATION
6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own
85 expense, the city, its officers, servants and employees, from and against any and all
86 claims arising out of, or alleged to arise out of, the work and services to he performed
P 7 by the +contractor, its officers, agents, employees, subcontractors, licenses or invitees
under this contract. This ind�ernnification rovislon is +cifiall intended to rat
and be effective even if it is alleged or, proven that. all or some of�the lama yes bein fn
loillm o Lou ht were caused, in whole or in art b an act oixnission or ne li ence of the t .
1 This indemnity provision is intended to include, without limitation, inaemnity for
2 costs, expenses and legal fees incurred by the city In defending against such claims and
3 causes of actions.
5 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense,
0010 96 the city, its officers,servants and employees, from and against any and all loss,damage
7 or destruction of pwro ert of the city, arising out of, or alleged to arise out of, the wort.
9i8 and serviced to be performed by the contractor, its officers, agents, employees,
001 99 subcontrac c►rS, liren es or, invitees under this contract. ""his indemnification,
oo provision i,s e�cificali intended to operate and be effective even if it is.-alleged or
101 roven that all or some of the da �a cs bein sou ht were caused in whole or in ,art
MR 102 by an act, omission or negligence,of the city.
1.03 µ
10 Article 7. MISCELLANEOUS
OUS
p toy 7'.1 Ter ms
106 Terms used in this Agreement which are defined its article I of the General. Conditions will
107 have the meanings indicated in the General Conditions.
108 7.2 Assignment of Contract.
1,09 This Agreement, including all of the Contract Documents may not be assigned by the
110 Contractor without the advanced express written consent of the City.
1 7.3 Successors and,assigns.
112 City and Contractor each binds itself, its partners, successors, assigns and legal
13 representatives to the other, party hereto, in respect to all covenants, ageer ents and
114 obligations contained in the Contract Documents.
15 7.4 Severability.
116 ny provision or part of the Contract Documents held to be unconstitutional, void or
1 1 7 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all
11.8 rema,ining provisions shall continue to be valid and binding upon CITY and
119 CONTRACTOR..
20 7.5 Governing Law and venue.
12 1 "This Agreement, including all of the Contract Documents is performable in the State of
122 Texas. venue shall be Tarrant County, Texas, or the United States District Court for the
1,23 Northern District of Texas, Fort Worth Division.
CITY OF FORT WORTH Water and,Sanitary Sewer Replacement Contract 2010' STM-E
STANDARD O STRUT". SPECIFICATION DOCUMENTS City Project No.014 4
Revised August I?,2012 CAH Ashland Drainage Improvements City Project No.0 1918
SIR
00 52 4: 4
Agreement
Page 4 of
124 7.6 Other Provisions.
r s.
125 The Contractor agrees to pay at least min arum wage per hour for all labor as the same is
126 classified, P170 Ulgated and set out by the City, copy of which is attached hereto and
127 made a part hereof the pare as if it were copied verbatim herein,
128 7,7 Authority to Sign.
1,29 Contractor shall attach evidence of authority to sign Agreement, if other than duly
1,30 authorized signatory or the Contractor. �
131
132 N
WITNESS WEEREOF, City and Conti-actor have executed this eement in multiple
133 counterparts.
1
135 This Agreement is effective as of the last date signed by the e Partie ("Effective Date").
136
it4
Contractor-. City of Fort Worth
�
�
.�
Fernando Costa..
By Assistant City Manager
Signatr
Date �►"
Attest:
tPrinted Name) City Secretary
(Seal)
Title:
I I I I I I I I....
t
Address.
C
Fate.
� Approved as to Form and L,ega it
F
d 4.4
D ate in r �
Assistant City Attorney
137 VAL 4R ,,41,C.n, M E N E
138
139
140 S rr Frank Crumb, w E.
141 Director, Water Department
142
1
"Co"
43 C.RBOT 'ROB` L RECOMMENDED:
144 CITY US
1
File
146 Dou W. Wi ers.g, RE
147 Director,Transportation and:huh " Works
CITY OF FORT WORTH Water and Sanitary sewer Replacement Contract t 01 SAM-F.
STANDARD D CONSTRUCT ON SF IFICATION OCUM1 NTS City Project No.01494
Revised'August 17,2012 CAH Ashland!Drainage Improvements City Pr)ect No.01919
J
P 0,061 13-1
ERFORMANCE BOND
Pe 1 of 2
Bond No. 8219-06-1.1
go SECTION 00 61 1.3
2 PERFORMANCE BOND
3
IMP
4 THE STATE OF TEXAS §
5 § KNOW ALL BY THESE PRESENTS
6 COTY OF TARRANT
7
a 8 That we, Woody Contractors Inc. , known as "Principal"herein and
9 Vi ilant Insurance Company � a corporate surety surotics, if more than one�
limp 10 duly authorized to do business in the State of Texas, known as"Surety"herein (whether one or
1 I more), are held and firmly bound unto the City of Fort Worth, a municipal corporation created
12 pursuant to the laws of Texas, know as"City"herein, in the penal sum of, Two Millio ine
1.3 `Hundred ding -fix �1 housand � lit Hundred lei lit -Pour Dollars and F�if' -r ive Cents Dollars
14
($2,996,884.55), lawful money of the United States,to be paid in Poi worth, Tarrant County,
5 Texas for the payment of which sum well and truly to be made, we bind ourselves, our heirs,
16 executors, administrators, successors and assigns,Jointly and severally, firmly by these presents.
17 AS, the Principal has entered into certain written contract with the City
,
11 awarded the � day �" 2 ,which Contract is hereby referred to a nd made
19 a part hereof for all purposes as if fully set forth herein,to furnish all materials, equipment labor
20 and other accessories defined by law, in the prosecution of the Work, including any Change
1 rders, as pro ide�d for in said Contract designated as'mater and Sanitary Sewer Replacement
22 Contract 2010 STM-E, City Project No. 01494 &CAH Ashland Drainage Improvements, City
VIA" 23 Project No, 0 1918
l„ 24 NOW,THEREFORE,the condition of this obligation is such that if the said Principal
25 shall T'aitl f.rlly perform it obligations,under the Contract and shall in all respects duly and
IMF
26 faithfully perform the Work, including Change Orders, under the Contract, according to the plans,
27 specifications, and contract documents therein referred to,and as well during;any period of
28 e tension of the Contract that may be granted on the part of the City, then this obligation shall be
29 and become null and void, otherwise to remain in full f'o�rce and effect.
w
CITY OF FORT WORTH Water and Sanitary Seaver Replaccnient Contract 20 10 STM-E
STANDARD CON TRHCT"I 1 SSE IF[CATION DOCUMENTS City Fr jcct'No.01494
Revised my 1,2011 CAII Ashland Drainage Improvements City project No.01918,
00 61 l -2
PER.FO MANCE BONE)
Page 2 of 2
:fond No. 8219-06-11
1 PROV1,DED FURTHER,that if any legal action be filed on this Bond, venue shill lie in
2 Tarrant County, T'oxas or the United StatesDistrict Court for the Northern District of Teas, :port
3 Worth Division.
1
4 This bond is made and executed in compliance with the provisions of Chapter 2253 of the
5 Texas Government Code, as amended, and all liabilities on this bond shall be determined in
6 accordance with the provisions of said statue*
7 IN WITNESS WHEREOF,the Principal and the buret have SIGNED and SEALED
this instrument by duly authorized agents and officers on this the �day of 20
9 PRINCIPAL
N
10 WOODY CONTRACTORS, INC.
11
1
13 BY
14 SiQA Ure
15 ATT
17 Troy mood 1�res ident
18 rind al Secretary Name and Title
l
20 Address: 650 Towner Drive
21, Kennedale, Texas 76060
22
A41
23 .0J 1�,
24 "witness as to Principal
25 SURETY:
26 VIGILANT INSURANCE COMPANY
2 .
2
29 BY
3
31:
32 K le W. Sweeney, Attorn=ict
MIR 33 Name and Title
34.
35 Address: 2001 B an Street Suite 3400
36 Dallas Texas 7520
3 Witness to Surety Eliza Telephone�urnber: 214-754-0777
IMP 40
41 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract
42 from the by-laws shoving that this person has authority to sign such obligation. if
43 lure s physical address is different from. its mailing address both n1ust be provided.
44 The date of the bond shall not be prior to the date the Contract is awarded.
PAIR
CITY OF FORT WORTH 'water and Sanitary Sewer Replacement Contract 20 10 STM- ,
STANDARD CONSTRUCTION SPECIFICATION DOCUMENT'S City Project No.,0 1494
O Revised July t,2011 C Ashland Drainage Improvements City Project No.01918
0061 14-1
PAYMENT BOND
Page I o
Bond No. 8219-06-11
1 SECTION 40 61 14
2 PA.YMF T'BOND
3
4 THE STATE OF TEXAS
5 § KNOW ALL BY THESE PRESENTS:
COUNTY of TAR RANT T
7
8 That we,, Woody Contractors Inc. , known as "Principal"
herein, and vi ilant Insurance Company a corporate surety (sureties),
10 duly authorized to do business in 'the State of Texas, known as "Surety" herein (whether one or
11 more), are held and firmly bound unto the City of Fort worth, a municipal corporation created.
f� 12 pursuant to the laws of the State of Teas, knolwn. as `City" herein, in the penal Burn of Two
13 Million Nine Hundred. Nine -Six Thousand Eight Hundred Ei h -Four Dollars and Fifty-Five
0 14 Cents Dollars ($2.,996,884.55), lawful money of_the United States, to he paid in Fort Worth,
15 Tarrant County, Texas, for the payment of'which sure well and truly be made, we bind ourselves,
16 our heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these.
17 presents
18 WHEREAS, Principal has entered into a certain written. Contract with City, awarded
19 the �`t4 day of w. 20 which Contract is hereby referred to and made a part
20 hereof for all purposes as if fully set forth herein, to furnish all materials, equipment, labor and
21 other accessories as defined by law, in the prosecution of the Work as provided for in said
22 Contract and designated as water and Sanitary Sewer Replacement Contract 2010 STM-E, City
23 Project No., 0149x4 & CAH Ashland Drainage Improvements, City Project Flo. 0 191 .
24 NOW, THEREFORE, TIFF`, CONDITION I'i'i CAF TFHS OBLIGATION is such that if
25 Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in
'J
26 Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under
27 the Contract, then this obligation shall be and become null and void, otherwise to remain in full
28 force and effect.
29 This bond is made and executed in compliance with the provisions of Chapter 22531 of the
3 Texas Government Code, as az-nended, and all liab�i lities on this bond shall be determined in
31 accordance with the provisions of said statute.
32
CITY of FORT WORTH Water and Sanitary Sewer Replacement Contract 2010 STM-E
STA NDAR-D CONSTRUCTION SPECIFICATION DOCUMENTS City Project Na.O 1494
Revised July 1,2011. CA_li Ashland)Drainage Improvements City Project lac.01918
'61 14-
PAYMENT BOND
Bond No. 8219-06-11
11100 1, IN S WHERFOF, the Principal and Surety have each SIGNED and SEALED
this instrunient by duly authorized agents and officers,on this the r da 1 1
�s
PRINCIPAL-
WOODY Y C T C
PO
; 000;0 00
TEST. BY
ign'
Trgy Woody,, President
Secretary Name and, Title
4�P_r cipal) Secretary
r s 650 Tower Drive
KennedaLe Texas 7
i n ss as to Print'ipal
SURETY#
VIGILANT INSURANCE COMPANY
ATTEST.-
410 19"
air
i ., Seee or 7-Fact
(Surety) Secretary Nat'ne and Tai
Address: 2001 Bryan Street Suite 3400
Drs Tags 75201.
Witn ss as Surety El i Gray
Telephone umber- 214-754-07'77
5 Note, ` si reed, by are Deter of the Surety, diere must be on fiie a certified extract from the
6 bylaws, showing that i person has authority o sign such obligation. If Su,r y's physical
7 address is ". er rs "r m its ailing a r���, both must� �rovi e .
8
91 The to o bond shal i not be prior to the date the Contract is awarded.,
IM
10 END A SECTIOIN
CITY OF FORT WORTH Water and Sanitary,Buyer Replacement Contract 201! "1'1'
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01494
R,e,vised July 1,20 11 CAJA Ashland Drainage Im ro ment °it: Project No,0191,8
Ida
0061 19- 1
MArNTENANCE BD
Page I of
Bond No. 8219-06-1.1
IN", SECTION 00 61 19
2 MAFNTENANCE BON
3
4 THE STATE OF TEXAS
5 § KNOW ALL BY THESE PRESENTS.-
6 COUNTY OF TARRANT
7
That we ogd ....0 ntractors Inc. lulown as "Principal"
�
herein and V i1ant Insurance Comp4DY a corporate surety
10 (sureties, if more than one) duly authorized t o do business in the State of Texas, known as
I t "Surety"herein(whether one or ..nore), are held y
��� ��r�� hound unto the City of Fort Worth,
12 municipal corporation created pursuant to the lags of the State of rexas, known as "City" herein,
13 in the sung of Two Million Nine Hundred Ninety-,Six Thousand, Ei t Hundred Eighty-Four
Dollars and Fift _rive Vents Dollars ($2,996 884.55), lawful I�Ieney of the United States,to be
15 paid in Poet worth, Tarrant County, Texas, for payment of which Burn well and truly be made
16 unto the City and its successors, we bind end ourselves, our heirs,executors, administrators,
1.7 successors and assigns,jointly and severally, firmly by these presents.
8
19 WHEREAS,the Principal has entered into a certain written contract with the City awarded
2 the 61 4" ,.. 20/1, which Contract is hereby referred to and a made part
21 hereof for all purposes as if fully set forth herein,to furnish all materials, equipment labor and
22 ether accessories as defined by law, in the prosecution of the Work, including any Work resulting
23 from a duly authorized Change Order(collectively herein, the "Work"') as provided for in said
1 24 contract and designated as Water and Sanitary Sewer Replacement Contract 2010 S -yE,City
25 Project N . 0 1494 & C Ashland Drainage Improvements, City Project NQ. 01918 and
2
27 WHERJE S, Principal hinds itself to use such mater tats and to so construct the Work in
01"M 28 accordance with the plans, specifications and Contract Documents that the Work, is and will
29 remain free from defects in materials or wortullanship for and during the period of two 2 yeal•s
30 after the date of Final Acceptance of the Work by the City ("Maintenance Period"); and
IMP
1
WHEREAS,EAS, principal hinds itself to repair or reconstruct the Work in whole or in part
upon receiving notice from the City of the need thereof at any time within the Maintenance
4 Period
CITY OF FORTWORTH "'water and Sanitary Sewer Replacement Contract 20 10 STM-E
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.0149'4
Revised July I,2011 CAH Ashland Drainage Improvements City Project No.01
00 61 19 ,
MAJNTENANCE BOND
lugs 2 of
Bond No. 8219-06-11
2 NOW THEREFORE, the condition c this obligation is such that if Principal shall
remedy any defective, Work, for which timely notice was provided by City, to a completion
4 satisfactory to the City, then this obligation shall become null and void otherwise to remain in
l force and effect.
6
7 PROVIEDED,HOWEVER, if Principal shall fail so to repair or reconstruct any Brusly
8 noticed defective Work, it is agreed that the City may cause any and all such defective Work to
he repaired ancUor reconstructed with all associated costs t ere f being borne by the Principal and
1
10 the Surety under this Maintenance bond; and
11
12 PROVIDED T:HEM, that if any legal action be filed on this Bond, ven ue shall lie in
13 Tarrant County,Texas or the United States District Court for the Northern District of Texas,Fort
'14 'worth Division, and
15
1�
16 PROVIDED FURTHER,that this obligation shall he continuous in nature and
17 successive recoveries may he had hereon for successive breaches.
1
19
f 2
O
CITY OF FORT WORTH Water.and Sanitary Sewer Replacement Contract 2010 TM-E
STANDARD CONSTRUCTION SPECIFICKFION DOCUMENTS MENTS City Project No.01494
r Revised July,1,2011 CA11 Ashland Drainage Improvements City Project No.01918
061 19-3
M INTENANCE BOND
Page 3 of
1on1 No. 8219- 6-1
IN WITNESS WHEREOF,the Principal and the Surety have each SIGNED and SEALED this
2 instrument by duly authorized agents and officers on this the day of 3
POP x
3
4 PRINCIPAL
WOODY CONTRACTORS, INC.
re
h
10 ATT M
11.
12 T'rov
13 Principal Secretary Nanie,and Title
1
15 Address: 650 To wer Drive
16 Kenncda.lc Texas 76060
J" 1
18
4A F
19 Wi css as to Prim% c1pal
20 SURETY..
21 VIGILANI" INSURANCE COMPANY
r2w 2 If 2 11 ff
elf 24 BY: 4
25
2
r
27 Kyle W. Sweeney, Atta►rnc in:COot
28 ATTEST: Name and Title
2°9.
310 Address: 200 . BEyan Street Suite 3400
3 (Surety)Secretary Dallas Texas 75201
32
33
W1*tnCXqq a Surety Elizabeth Gray Telephone Number 214-754-0777
35
36 `Note: If Signed by an officer of the Surety Company, there must be on file a certified extract
0 37 from the by-laws showing that this person has authority to sign such obligation. If
38 Surety's physical address is M er nt from its mailing address, both must be provided.
39 The date of the bond shall not be prior t the date the Contract, is awarded.
I M11
4
CITY OF FORT WORTH Watier and Sanitary Sewer Repl cc in rit Contract 2 1 TM-E
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS S it"Project N . 1494
Revised,duly 1,20,11 C H Ashland Drainage inane Improvement City Project No.0 1918
Policyholder Information Notice
IMPORTANT NOTICE AWSO IMPORTANTE
To obtain information ation r make a complaint.- Para obtener nfor ac o para sor ter una
quej
You may call Chub 's toll-free telephone number Usted pnede flamar al numero de telefono gratis
for information or to make a complaint at de Ch bb's p ra inf rmaci n 0 pars someter inns
queja al
1-800-3 -C -800-36-CHUBB
f
You may contact the Texas Department of Fuse comunicarse con el Departamento de
Insurance to obtain information on companies, Seguros e Texas para.obtener in`ormacion acerca
coverages, rights or complaints at de, c pa ias, cob rtura.s, derechos o quejas al
1-8100-252-3439 800-252-3439
}
You may write the Texas Department of Insurance Puede escrib r al Depa.rta ento de Sa mos cue
Texas
P.O. Box 149104 P.O. Box 1491.04
Austin, TX 78714-9 104 Austin, TX 78714-9104,
FAX # 512) 475-1771 FAX 512 475-1771
Web. http-,Hwww.tdi.state tx.us Web: http://www.tdi.state.tx.us:
�I E-mail: ConsumerProtect I*on@ td I".state.tx.,us E- al : Cons me r1 r test n @ t . .state.tx.us
PREMIUM OR CLAIM DISPUTES. DISPUTAS SOBRE PRIMAS 0 RECLAMOS.
Shoup„you have a dispute concerning your pr miuin Si tierce nna di p eta conce�ente a s, pnma o a nn
r about a cla you should cointactthe agent first. reclamo, debe cornunicarse con el agente pr mer ..
If the dispute is not resolved, you may contact the Si no se resueve la. disputa, puede entonces
Texas Department of Insurance., eomUn carse eon el c epa.rtament (TDI).
ATTACH THIS NOTICE TO, YOUR POLICY UNA ESTE AVISO A S U POLIZA.
This notice is for nror-n .ti n only and does not Este aviso es solo par a proposito de informacion y
become a Part or condition f the t no se eonvierte en ��e o c ndicion del ocumento
P
document. adjunto.
Form 99-10-01299(Rev. 1-08)
)
00 Chubb POWER Federal Insurance Company Attu Surety Department
OF Vigilant Insurance Company 15 Mountaln View Road
Surety
ATTORNEY 'acifc Indemnity Company Warren, NJ 07059
Know All by T se ts, That FEDERAL INSURANCE COMPANY, an Indiana cor oration VIGILANT INSURANCE
COMPANY, a New, "orb corporation, and PACIFIC INDEMNITY COMPANY,, � Iw'���ty corporation, "� each hereby constitute and
appoint 5liz.bet t Gray,Charles D.Sweeney, yle W'. Sweeney and Michael A.Sweeney eerie of Fort Wor l Texas
each as their fnje and lawful Attorney-In-Pact to execute render su h resrgnatlr n In their names and to ali th lr corporate seals to and deliver fof and on their behalf as surety
oweon or otrrarwisi bonds and ur"makings and ether wnitnigs obligatory in ttie nature thereof(other than ball bonds)given or exerted in ffie course of ravisiness,and arty
Inar trrrrrems a riding or altefing the same"arwd covserts to Ile rrodification or alteration of any insiruawnt referred to in said bonds or obligations,
in Mmess whereof,said FEDERAL INSURANCE COMPANY,d'Y,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY Y"have each,executed and'attested
ItVS khe presents arm afy",xed Ihclr corporate seals an this Tyr of
Vol//
. �
enrwe Iw rstarrt Se<:retary � w,
STATE OF NEW JERSEY
I County of Sr mer"
V this � da of April,20'11 before me,a Notary�Pub;r of New Jersey,*ltrsxall ��e
Kenneth�,� �� �
w
to me
known to Assistant � of FEDERAL IIJ �C� �tf �A�Ir lltllAv `11Cf ��CE COMPANY, and �AClllC
Ifwl'bEIVtfVt"I"'r''CyMIA►hI"y the+�.on�r an` awwrhi
M
ch
execut4d me foregoing Power of Atwtomeyw °M y depose say that he Is Assistant Secretary ref FEDERAL
,, the sago' Kenneth Wendel, burr '� rr duly swnrorrr, + E3 S� ,anf a
INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and Itnowrs the corporate seals thereof,that the seals affixed to Uv
foregoing Power of Ano"y are suer corporate seals and were thereto affixed by aulhtrr ty of 1he By-Laws of said Companies,and that her sired said P'owrer of Attomeyr as
l Asslsttarrt Secretary of said Companies by like auftrityw and that he is ainled with David B.Norris,Jr.,and kinowrs term to be Vice President of said Companies,and that the
0gr tore of David 8,Norris,Jr,subscribed to said P(wnrer of Attorney is in the genuii!ne h;and^il of David E. Nordsw Jr.and was thereto subscirbed by authority of said By-
Laws and in deponeot's ptesence.
Notarial Seal THE INE J.ADELAAR
No. 3 6685
moo u o 201 '
�� r Notary Pubilc
rant fern the By-Laws of P DERAL INSO ANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY,
"AII powers of attorney for and on behalf Hof'the Company may and shall be executed in the name and on behalf of the Company,ny,eith of by the Chairman or the
President or a Vice Presldert or an Assistant Vice Presrdant,jo intly v h the Secretary or an Assistant cetarr, unde r the y r�spectil xe d al g nativrs. The
signature of such oti may be engraved,printed or lithographed.The slgnatitjre of each of the following officers,Chairman,President,anyV"President,any
Assistant V"President,any Secretary, any Assistant~ er-retary aM the seal of the r or aany nway be affixed by facsimile to any der 4(attorney or to any
ceitficate rela"thereto appointing Assistant Secretaries or Attorneys-In-Fact for purposes onty of executing and attesting bonds and undertakings and ottw
writings obligatory In the nature 0)&eof,and any such r of attorney o(certificate sate tearer such facsimile signature or facsimile seal shall be valid and bin(din
upon
the Company and any such power so executed and mr"trfied try,sue facsimile signaUxe and facsirmile seal shall be valid and blnding upon the Company
w fth respect to any bonid or under"takIng to vAiich It Is attached!."
I,Kenneth c,Wendel,Assistant Secretary o(FEDERAL AL INSU AwNCE C+CMP'AfrdY,VI GILANT"INSURANCE COMPANY,and PACIFIC IfvlDEMNl"I""`r'COMPANY
;(the'C ompa nleV do hereby certi ty that
the foregoing extract of the By-Laws of the Companies,anies Is trueand correct.
the Companies are duty Ikvnsed and authorizerd to transact surety business in all 50 of the United States of America and the t lstrtct of Columb4a,mtd are
ar rt aid by the U,S,Treasury Department,further,Ped ral and Vigilant are licrwnso In Puerto Rleo and the EJ S,\Argin Islands,and Federal is licensed in
American Samoa,Guarrrr®and each of the Provinces of Cjnada xrept Prince Fidward Isiand;and
Iwii) die foregoing Powef of Attorney is true,wrrect and in full force and effed
y Given and r my han<l and seals of said ani at Wstren,ti this
AM
,K
�w
tl'THE EVEN"YOU WVSH TO NOTIFY US OF A CLAIM,VERIFY THE AUTHENTICITY OF THIS BOND '' OF... _ ��.OTHER
MATTERI PL E CONTACT US AT ADDRESS:LISTE VE,OR BY Telephone(908)903,3493 Fax(9081)903-3656
e mail: s it chubb.co,rlrt .�.,.... �_n. ..�..
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g Irw � �. w. I r, � r IwM li AA I 'w :. �. �■ wM».�, • ,,,II1M ' I:. � � ■"■ I � f.. �I �'yl� � w w w, �!,'w I Y -..
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A ��AN � I. AM rt� I� � �i � � i 'w �,. � �N/, rl, �'!a � A�■^.. � '^!' �A► I MF.
SHOULD ANY OF THE ABOVE s. wIM' ■ D. ndw THEREOF,THE EXPIRATION DATE DELIVERED IN
PROVISIONS.
A Aw
w POLICY
CITY OF FORT W01RTH
1000 Aw '. ST AUTHORIZED REPRESENTATIVE
WORTH,FT M
Charles Sweeney/iJOYCF,
A' I.