HomeMy WebLinkAboutContract 45286 CITY SECRETARY'
CONTRACT N06'
TENDER THREE PARTY AGREEMENT AND
MUT:AL
Surety. International fidefity Insurance Company
Obillgee-6 CI*ty of Forth, Worth
Pr o 'ect� Bridge e al*r and R h tat'I at Six Locations,(2012-23)
GG01-539590-0202003
Bond No.. T'XIFSU0597856
This Three Party Tender Agreement and Mutual Final Release As To The Surety and Obligee
(thee 'Agreement"'), is, made this day of _,, between T"
("Obligee"),
AND
INTERNATIONAL FIDELITY INSURANCE COMPANY a, corporation of the State of
New Jersey having, 'Its pr r c pa l place of business located at One Newark Center, Newark New
Jersey 07102 (hereinafter the "Surety"),
AND,
BONE CONSTRUCTION SOLUTIONS,LAC (hereinafter"Completion Contractor"').
WITNESSETH
WHEREAS On or about June 5 2012, Obligee s, owner, awaraea a contract, to Vendl- m
Construct o LLB" ("Principal"), as nera contractor, for the performance of certain work on
construction project known more commonly as, the Br dge Repair and, Rehab Iffiftafion at SIX
cafions (2012-23) GG I-5395910-0202003 (the 44pr sect"); and
WHEREAS, Principal*A s scope `' work oil the PrQ*11eict is more part cu l ary set out in the
attached Ex h bt A (the"Contract"') which is fully incorporated herein by ref&e ce and
WHEREAS 1 i connection with l the Contract, ���ter�.aflo al ��de�� ;� Insurance Company,
a
surety, issued separate Performance and Labor and Material Payment Bonds, each ears n
0 OFFICIAL RECO,R,D
FF1 0 R]D �
CIT
401 V T NVf' 03AI'3338
C1W 3ECRETARY
"it WORTho YX
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number, TXIFSU0597856 in the penal sum of $338,742.22 (collectively, the "Bonds"), on
behalf of Principal, as principal, and in favor of Obligee, as obligee-, and
WHEREAS, disputes, arose between Obligee and Principal, resulting in Obligee defaulting
Principal under the Contract and making a demand against IFIC under the Performance Bo�nd;
and
WHEREAS, the Parties recognize that this Agreement is in furtherance of IFIC"s obligations
under the Performance Bond; and
WHEREAS in an effort to mitigate damages by expediting the progress and completion of
Princpal's obligations under the Contract, F"IC has obtained a, proposal for the completion of the
worv,trom the Completion Contractor; and
'WHEREAS, Completion Contractor has agreed to complete the scope of work as set forth
herein according to the terms and conditions of the Contract, for a consideration 'in the amount of
$239,570-09 and to post Payment and Performance bonds naming City of Fort Worth as obligee
in an amount equal to its price for completion of the scope of work as set forth herein; and
WHEREASI the Surety desires to tender the services of Completion Contractor to Obligee in
full settlement and satisfaction of any and all obligations under its Performance Bond, subject to
the terms of this Agreement; and
WHEREAS, the parties wish to clarify their rights and responsibilities pursuant to the
performance oi N the completion work as set forth herein in accordance with the original terms and
conditions of the Contract.
N 1 i of the promises, and other good and valuable
O�W THE n consideration
consi deration, and the mutual covenants set forth herein, the receipt and sufficiency of which are
hereby acknowledged,the Parties, hereto agree as follows-,
2
1 Terms and Conditions. All of the ten-ns and conditions of the Contract shall remain in
full force and effect, except as modified by this Agreement.
2. Contract Accou . The original Contract price was for $33�8,742.22. Ob�ligee issued
approved Change Orders In the total amount, of$20,60,5. 1, resulting in a revised Contract price
of$359,347.22. Obligee has made payrnents, in the amount of'$ ,07,799.42 to Principal under the
Contract. After the default, of Principal, Obligee has expended contract funds in the amount of
$0.00 'in furtherance of completing Principal's remaining scope of work and attests that those
costs are in addition to the Completion Contractor's proposed costs to, complete, 'the remaining
scope of work. Accordingly, there remaiins an unpaid balance and amounts remaining
a val Hable for use on the Agreement in the amount of$ 80 125�1,547. ("Final Contract Proceeds").
,
3. AvaI'llability of rinai Contract Proceeds for Completion. The Parties agree that the Final
Contract Proceeds are allocated for completion of Principal's scope of work, and shall be
preserved and dedicated solely and exclusively for use in completion of Principal's scope of
work, and for no other purpose. The Parties agree that the Final Contract Proceeds shall not be
reduced by any claims not specifically addressed herein, *Including but not limited to claims for
liquidated and/or delay damages arising out of the Agreement.
4. Tender of Completion Contractor. With the execution of this Agreement, Surety hereby
tenders the Completion Contractor to Obligee to complete the remaining scope of worK as set
forth in one Construction Solutions,, LLC's proposal dated 8/23/2013, a copy of which is
attached hereto as Exhl*bl*t "Bi"' and hereby made a part of this Agreement, for a total amount of
$239,570.09 ("Completion Cost"),. All work by Completion Contractor is to be perfonned in
accordance with the terrns and specifications of the Contract previously incorporated herein and
attached hereto as Exhibit "A"' including any previously 'Issued change orders.
The parties agree that Surety shall have no responsibility for payment to Completion
Contractor and that Completion Contractor will look solely and exclusively to Obligee for
payment of any and all amounts due hereunder.
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5. Release. In consideration of the Parties,' performance as specified herein, Obligee does
hereby expressly RELEASE, ACQUIT and FOREVER DISCHARGE the Surety of and from
any and all claims,' rights, demands and/or causes of action of whatsoever kind or nature which
Obligee has or may ever claim to have, now or 'in the future, against IFIC under and/or by realon
of the Performance Bond, the Contract and/or the Project# except that Surety reserves pits claim to
any excess contract proceeds not expended hereunder by way of its equitable subrogation rights
in accordance with its discharge of its obligations under its payment bond (see 6 below), subject
to the Obligee's concurrence to pay such excess proceeds which shall not be unreasonably
withheld.
6. The Suretv's Continu* Ob fions Under Contract Labor and Material Pa m
Haa i -Y ent Bored.
Nothing herein shall alter or affect the Surety's, payment obligations to third party claimants, if
any, under the Payment Bond 'Issued on behalf of Principal in connection with the PrOJeCt,
provided however that -the Payment Bond shall not, apply to or cover the Completl"on Contractor
or any of its sub-subcontracto r ) and suppliers for any work performed and/or materials
delivered in connection with the work performed by the Completion Contractor.
7. Reservation of Rights as Between the Suret I
y and Pdn �ql. This Agreement shall in no
Ater, a ffect, im pair r pre dice any r 2 ^
rights, claims, causes of action or de between the
way ojui
Surety and Principal and/or its individual Indemnitors relating to the Contract, Bonds, or any
other agreements between such parties, regardless of whether such claims arise under contract,
statute or at common law.
8. "No Admission of Liability. This Agreement does, not constitute an admission of liability
on the part of any of the, Parties.
9. Assignment. Obligee hereby assigns and transfers to Surety and subrogates to Surety, all
claims,, demandsq causes of action and rights which Obligee has, had, or may ever have against
Principal arising out of or evidenced by the Contract.
4
10. Credits for P,a
,ym,ents Made. The parties acknowledge that the Surety s covenants and
obligations of performance under this Agreement are made to address Obligee's demand under
the Performance Bond and that all payments by Surety for administration, labor or material or for
performance of the Contract, if are are in performance of Surety's, obligations under the
Performance and and are, to be credited against the penal sum of the Performance Bond.
Nothing contained in this Agreement shall waive, limit, alter or amend any of Surety's rights,
defenses or liabilities under such Performance Bond (except as otherwise set forth at paragraph 3
above) nor the rights, defenses or liability of Its Principal.
11. No Pay per #
,L by O,bIiRee Wit�Surety's Consent. Obligee further agrees that it will not
acknowledge or honor any claims or charges against the unpaid contract funds by any creditors
or transferees of Principal or any other parties making, claim to any such proceeds, or balances,
without the prior written consent of Surety or by order of a court of competent Jurisdiction after
due notice to Surety. It shall be implied that, upon full execution of this Agreement by the
parties, the Surety consents to payment of Completion Contractor by the Obligee in accordance
with the terms, of the Contract.
12. No Waiver of Penal Amount. The parties agree that the Surety, by execution of this
Agreement, does not in any way waive the penal limit of the Performance Bond, and that 'in the
event it becomes necessary for the Surety to expend its own funds under the Performance Bond,
it shall not be obligated to expend funds in excess of the penal limit of the Performance Bond, in
discharging its obligations thereunder.
13. Bindl.ng Agreement. 'This Agreement shall only extend to and be binding upon the Parties
hereto and their respective successors and assigns. Nothing contained in this Agreement shall
create any third party beneficiaries under the Contract Performance Bond, nor confer any benefit
or enforceable rights under this Agreement other than to the Parties hereto and their, respective
successors, assigns, and reinsurers.
14. Administration. Obligee will administer Completion Contractor, any subcontractors and
others that may be designated by Completion Contractor to complete portions of the work on the
5
same basis and to the same extent as Obligee was required by the Contract to administer the
Contract with Principal.,
15. No Modification Exce 'W rite as in ri inji4. Th's Agreement may not be modified unless in
writing and executed by the Parties hereto. No waiver of any provisions of this Agreement shall
be valid unless in writing and signed by the Party against whom it IS Sought to be enforced.
a '
16. Intewetation of ARreement. The provisions of this Agreement shall be applied and
interpreted in a manner consistent with each other so as to carry out the purposes and intent of
the Parties, but, if for any reason any provision is unenforceable or invalid, such provision shall
be deemed severed from this Agreement and the remaining provisions shall be carried out with
the same force and effect as if the severed portion had not been a part of this,Agreement.
17. Incoroo,ration of All Prior N tiati,ons. This Agreement incorporates, includes, and
supersedes all prior negotiations, correspondence, conversations, agreements or understandings,
applicable to the matters contained herein; and the Parties agree -that there are no commitments,
agreements or understandings concerning the subject matter of this Agreement that are not
contained in this Agreement. Accordingly, the Parties agree that no deviations from the terms
hereof shall be predicated upon any prior representations or agreements, whether oral or written.
18. Acknowledgment of Release of R ht s. The Parties acknowledge and agree that they are
releasing certain rights and assuming certain duties and obligations which, but for this
Agreement, would not have been released or assumed. Accordingly, the Parties agree that this
Agreement is fair and reasonable, that each of them has had an opportunity and have in fact
consulted with such experts of their choice as they may have desired, and that they have had the
opportunity and have In fact discussed this matter with counsel of their choice.
191. Advice of Counsel. The Parties acknowledge that they have sought and received
whatever competent advice and counsel as was necessary for them to form a full and complete
understanding of all rights and obligations, herein and that the preparation of this Agreement has,
been their Joint effort. The language agreed to expresses their mutual intent and the resulting
6
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document shall not, solely as a matter of judicial construction, be construed more severely
against one of the Part 1'es than the other.
2 O�. 0hli stuns of Further Execution. The Parties agree to execute all such further
instruments,, and to take all such further actions as may be reasonably required by any Party to
fully effectuate the terms and provisions of this Agreement and the transactions contemplated
herein.
21. Event of Enforcement. In the event that it is necessary for any of the Parties to seek
enforcement of this Agreement, the Parties agree that the Agreement will be interpreted and
construed in accordance with, and governed by the laws of the State of Texas,, and such
I If
proceedings shall occur in a court ol N competent jurisdiction servicing Texas.
22. Notices. Any notices or other formal communications made under this Agreement shall
be deemed to have been duly given if sent via United States Mail to the following.
To IFIC:
International Fidelity Insurance Company
Attn-, Keith, 1 . Fleath, Sr. Claims Counsel
4965 Preston Park Blvd., Suite 200
Plano, TX 750,93
To OBLIGEE:
City of Fort Worth
Transportation & Public Works Dept
Attn: TariquI Islam
1000 Throckmorton, St.
Fort Worth,, TX 76102
To COMPLETION CONTRACTOR*
Bone Construction Solutions, LIX
Attn: John Bone
P.O. Box 823043
North Richland Hil is,TX 76182
or at such other address as each of the foregoing may designate in writing by registered or
certified mail to the other.
7
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23. Conditions to Effectiveness. This Agreement shall not be, effective until (a) each party has
received a fully executed original or counterpart of this Agreement; (b) Obligee and Surety have
received a current Certificate of Insurance from Completion Contractor, with all requisite
coverage and limits, as required by the Contract naming Obligee and Surety as additional
insureds; (c) Obligee has received payment and perfon-nance bonds, from a duly licensed and
qualified surety satisfactory to Obligee pertaining to the completion work, each in the amount of
$239,570.09 naming Completion Contractor, as principal, and City of Fort Worth, as Obligee;
and (d)the issuance of a,notice to proceed `turn Obligee to Completion Contractor.
24. 'Execution in Counterparts. This Agreement may be executed in one or more counterparts,
each of which, when executed and delivered, shall be deemed to be an original, but such
counterparts shall together constitute one and the same instrument.
25. Construction. This Agreement shall be interpreted without regard to any princilpals, of law
requiring,ambiguities to be construed against nst the party deemed to have drafted an agreement.
IN WITNESS WISE OF, the Parties hereto have affixed their hands and seats to this
Agreement the day and year first set forth above, and the 'Individuals who execute this
Agreement personally represent and warrant that they have full authority to execute this
Agreement on behalf of the respective Parties.
[END OF DOCUMENT—SIGNATURE PAGES TO FOLLOW]
8,
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a
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C,AS
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Y OF FORTX WORTH
P I. A S TO 1r, w, A Ll
Feeman o Costa
Title: Assistant City Manager
ATTORNEY Date-
STATE OF TEXAS
COUNTY OF TA RRANT
OA
On thi's clay 0 20 before i-ne personally ap'pear,ed Fernando Costa, who is
personally known to me and who has stated that he 'is an, Assistant City Manager of'CITY OF
FORT WORTH, OBLIGEE, named in the foregoing THREE PARTY TENDER
AGREEMENT' AND MUTAL FfNAL RELEASE AS TO THE SURETY AND, OBLIG,EE, that
he executed the foregoing instrument on behalf f the C ty f Fort Worth with full authority to d
so and that lie executed the foregoing *Instrument on behalf of the City of Fort Worth for the uses
and purposes set forth therein.
EVONIA DANIELS
Notory Public,State Texas
my Cornmission Expires
July ,
Notary public
OFFICIAL RECORD
91 CIT'Y SECRETARY
o WORTH,TX
N
w
INTERNATIONAL FIDELITY
INSU CE COMPANY
Titlew."'_
Date-,
STATE OF TEXAS
CO'' `Y OFu
On this 2.1 d of 20 before me personally appeared
I
U-- who is personally known o; me or has produced
as identification and who has stated that he/she s the tw_ftst of
INTERNATIONAL FIDELITY INSURANCE COMPANY named in the foregoing THREE
PARTY TENDER AGREEMENT AND M,UTAL FOAL RELEASE AS TO THE SURETY
AND O I,,,IG E, that he/'she executed the foregoing instrument on behalf of the Corporation
with full authority to do so from the Board of Directors of the Corporation, and that he/she
executed the foregoing instniment on behalf of the Corporation for the uses and purposes set
forth therein.
DAMITTA LAQUICE STRAUGHTER
' Notary Public, State of"texas Vh"
My commiss,ion Expires
Vol;-
OF
M0 June 2 , 2017
Notary Public
1
BONE CONSTRUCTION SOLUTIONS,
1110 ell,
LLC
°'
1 Title:
m
wo
STATE, COMMONWEALTH OF Date: 2,
CO NTYXITY OF &.Y)4
On this, of 20j,: , before me personally
who 's personally known to me or has produced
as en rfica ron and who has stated that he/she 'is the of
BONE CONSTRUCTION SOLUTIONS, LLC, COMPLETION CONTRACTOR, named
in the foregoing THREE PARTY TENDER AGREEMENT' AND MUTAL FINAL RELEASE
AS TO "LSE SURETY AND BL IGEE, that he/she executed the foregoing instrument on behalf
of the Corporation with full authority to do so from the Board of Directors of the Corporation,,
and that he/she executed the foregoing instrument on behalf of the Corporation do `or the uses and
purposes set forth therein.
MIRANDA,
GBSN
-�
Notary Public,State o Faxes
op
� Commission
,.,*,6.
0
Notary Public
005243 -1
Agreement
Page I of I
I SECTION 00 52 43
0
2 TYUS AGREEMIENT, authorized on June 5 2012 is made by and between the City of Forth
3 Worth, a Texas home rule municipality,acting by and through its duly authorized City Manager,
4 ("City"), and Vends Construction, LLC., authorized to do business, in Texas., act m* g, by and
5 through 'its duly authorized representative,("Contractoe').
6 City and Contractor, in consideration of the mutual covenants, hereinafter set forth, agree as
7' -follows-,
8 Article 1.WORK
9 Contractor shall complete all Work as specified or indicated in the Contract Documents for the
10 Project identified herein.
11 Article 2.PROJECT
12 The project for which the Work under the Contract Documents may be the whole or only a part is
13 generally described as follows.-
14 BRIDGE REPAIR AND REHABILITATION AT SIX LOCATIONS (2012-23)
15 0001-539590-0202003
16 Article 3.CONTRACT TEM
17 3.1 Time is of the essence.
Is All time limits for Milestones, if any, and Final Acceptance as stated in the Contract
19 Documents are of the essence to this Contract.
20 3.2 Final Acceptance.
21 The Work will be complete for Final Acceptance within 120 days after the date when the
2,2 Contract Time commences to run as provided in Paragraph 2.03 of the General Conditions
23 3.3 Liquidated damages
24 Contractor recognizes that time is of the essence of'this Agreement and that City will
25 suffer financial loss if the Work is not completed within the times specified in Paragraph
26 3.2 above, plus any extension thereof allowed in accordance with Article 12 of the
27 General Conditions. The Contractor also recognizes the delays, expense and difficulties
28, 'involved in provm* g in a legal proceeding the actual loss suffered by the City if the Work
29! is not completed on time. Accordingly, instead of requiring any such proof, Contractor
30 agrees that as liquidated damages for, delay (but not as a penalty), Contractor shall pay
City Two Hundred Ten Dollars J$210.0 for each day that expires after the time
32 specified in Paragraph 3.2 for Final Acceptance until the City issues the Final Letter of
33 Acceptance.
34
3 5
CITY OF FORT WORTH BUDGE REHABILITATION(2012-23)
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS GG01-539590-0202003
Revised November 9,2011.
00 52 43-2
Agreement
Page 2 of 4
34 Article 4,,CONTRACT PRICE
35 C ity agrees to play Contractor for performance of the Work 'in accordance with the Contract
ON
36 Documents an amount in current funds of Three Hundred T,hir,.q Eig ht Thousand Seven
37 Hundred FoK!y Two Dollars and Twee-q.-Two Cents($33.8,742,
38 Article 5.CONTRACT DOCK
39 5.1 CONTENTS:
40 A. The Contract Documents which comprise the entire agreement between City and
41. Contractor concerning the Work consist of the fol low*mg-,
42 1. This Agreement.
43 2. Attachments to this Agreement.
44 a. Bid Form
45 1) Proposal Form
46 2) Vendor Compliance to State Law Non-Resident Bidder
47 3) Prequall'ification Statement
48 4) State and Federal documents(project specific)
49 b. Current Prevailing Wage Rate Table
50 c. Insurance ACORD Fe (s
5 1 d. Payment and
52 e. Performance Bond
53 f. Mam* tenance Bond
54 g. Power of Attorney for the Bonds
515 h. Worker's Compensation Affidavit
5,6 1- M`WBE Commitment Form,
57 3. General Conditions.
5 . Supplementary Conditions,.
59 5. Spec ifi cat ions, specifically made a part of the Contract Documents by attachment
60 or, 'if not attached, as incorporated by reference and desen'bed in the Table of
61 Contents of the Project's Contract Documents.
62 6. Drawings.
63 7. Addenda.
64 8. Documentation submitted by Contractor prior to Notice of Award.
65 9. The f6flowing which may be delivered or issued after the, Effective Date of the
66 Agreement and, if issued,,become an incorporatea part of the Contract Documents:
67 a. Notice to Proceed.
68 b. Field Orders.
69 c. Change Orders.
7'0 d. Letter of Final Acceptance.,
71
CITY OF FORT WORTH BRIDGE REHABILITATION(2012-23)
STANDARD CONSTRUCTION SPECIFICATION fX)CUMENTS GGO t-5391590.0202003
Revised November 09,201 1
005243-3
Agreement
Page 3 of 4
72 Article 6.INDENROFICATION'
7'3 6.1 Contractor covenants and agrees to lindemniif�, hold harmless and defend, at its own
74 expense, the city, 'Its officers, servants and employees, from, and against any and an
75 clalims artising out, of,or alleged to arise out of is the work and services, to be performed
76 by the contractor, its officers, agents, employees, subcontractors, licenses or invitees,
0, 0 4, 00 ,4 v 4, 6 0 A 0
77 under this contract, This indemnification provision is spg!ELficp rate
ill.intended to,
71 and be effecfive even if it is alLezvd, !2E proven that all or some of the dampges been
7'9 so ere caused,,. whole or in Rart bly an act ission or,nealizence of the c
,o Uht w jn ......om LZ
80 This indemnity provi"sion 'I's "Intended to include, without limitation, indemnity for
0
81 costs,,expenses and legal feesincurred by the city in defending aga i nst,such claims and
92 causes of actions.1
83
184 6.2 Contractor covenants and agrees, to lindemniffy and, hold ha t its own expense,,
85 the clity,its officers,servants and employees,from and against any and all to damage
86 or destruction of property of the cliff,an*sing out of or alleged to anse out of the work
87 and services to be performed, by the contractor,, its officers,,, agents, employees,
88 subcontractors, licensees or invitees, under this contract This indemnification
if w
89 provision is st)ecificallyintended Logpe and be effective even if it is all d or
90 2rover that all or some off"'the damages-bee n sought,were caused,j'n whole or in P,
91 igence of the SLty.
92 by,,,,an.1 act omission or n2gi
93 Article 7.'MISCELLANEOUS
94 7.1 Tenns.,
95 Terms used in this Agreement which are defined in Article I of the General Conditions wi
96 have the meanings *Indicated in the General Conditions.
97 7.2 Assignment of Contract.
98 Tbis Agreement, includ'M" g all of the Contract Documents may not, be assigned by, the
99 Contractor without the advanced express written consent of the City.
too 7.3 Successors and Assigns.
101 City and Contractor each binds I*tself,, its partners, successors, asslign,s and legal
in respect, to all covenants agreements and
102 representatives to the other party hereto, * I
103 obligations contained)in the Contract'Documents.
104 17.4 Severability.
1015 tit or void, or
Any provision or part of the Contract Documents, held to be unconst'
* " i *
106 unenforceable by a court of competent Jurisdiction shall be deemed stric'k,en, and all
* # I Ing upon C11-Y and
107 remaining provisions shall continue to be valid and bind'
108 CONTRACTOR.
'109 7.5 Governing Law and Venue.
t 10 This Agreement, Including all of the Contract Documents is performable In the, State of
111 Texas. Venue shall be TalTant County, Texas, or the United States District Court for the
112 Nort,hem District of Texasjort Worth Division.
Crf'Y OF FOR-r WORTH BRIDGE REHABILITATION(2012-23)
STANDARD CANS TR[JC'riON,�SPF�('IFICA'VION CK.X:UMENTS GGOI-5395901-0202003
Revised,November 09,,2011
005243-4
Agreement
Page 4 of 4
113 7.,61 Other Provisions.
114 The Contractor agrees to pay at least minimum wage per hour for all labor, as the same Is
115 classified'. promulgated and set out by the City, a copy of which is attached hereto and
116 made a part hereof the same as if it were copied verbatim herein.
117 7'.7 Authority to Sip,.
118 Contractor shal,l attach evidence of' authority to sip Agreement, if other than duty
119 authorized signatory of the Contractor.
120
121 IN WITNESS WHEREOF, City and Contractor have executed this Agreement in multiple
122 counterparts.
123
124 This Agreement iseffective as of the last date siped by the Parties("Effective Date,").
125
Contractor,*. Oty of Fort Wort
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Fernando Costa
B Assistant City Manager 0
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C I te/Zip. ve,d Form and Legality
!X/Sta Gu2, Ap
Date 1366'grasi W. Black
Assistant City ArneY
126 0
170
127'
1128 APPROVAL RECOMMENDED:
129!
130
131 Af
1,312 Douglas Wiersig
133 zz, D I RE C1R,,
Transportation and Pub 71
134 fic W s
135
CITY OF FORT'W0PTH BRINJE REHABILITATION(20112-23)
STANDARD CONSTRUCTION SPI-VIFICA]"10N[X")CUMENTS GGO 1-:539590-0202003
Revised November 09,20 11
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one Construction Solutions, LLC. R-0 Box 823043, 76182, NAM, Texas,
Structural, Architectural Concrete Repair, Concrete restoration, and Waterproofing
PROPOSAL
August 23, 2013
Vertex Construction Services,, Inc.
2,810 North Speer Blvd.
Denver, Col. 80211
Attn: _Matt V 1ckrey
RE: Fort Worth Bridges 2012_23
Bane Construction Solutions, LLC proposes to furnish all labor, rmuatelrialls,supervision, insurance and
taxes necessary(except as rooted)to complete the following:
Scope of Work:
Units Cost/unit Amount
Railroad Flagman 2 $2798.13 $551962.60
Portable Message Signs 2WKs $7,124.21 $15,248.42
Remove Concrete 1.9 Cy. $1.,305.84 $2,481.1+
CL C Concur (ABUT) 3730'. $700.28 $26,120.44
CL C Co nc. (BENT) 1.9 C'~ . $1,814.12 $3,446.83
Structural Concrete Repairs horz.) ' 18.72 SL. $45.84 $23,778.12
Structural Repairs (Deck Partial Depth) 63 SE.. $23.3 $141818.801
Clean &Seal Joints 11247.+90 LL. $7.10 $8,853.70
STR Steel (Misc.) 474.001 LB $22-65 $10,736.1
Armor Joint W'/Seal 212.0+ LL. $14.55 $3,084.60
Joint Seal 250.00,LF.. $5.42 $1,356.00
Raising Existing Structure 1.0 EA. $391197,89 $391197.89
Epoxy Injection 565-58 LF. $41.45 $23,443.29
Replace Elastorneric Bearing Pads 32 EA. $345.10 $11,.043.20
Total $2399 w.09
Please call if you have any question.
Respectfully submitted by:
Bone Construction Solutions, Accepted By:
-----------------------I------------ ---------------------------------
Signature Date Signature Date
The sales tax has been added to our prices. Please provide the necessary,tax-exempt certificates or
the invoice will have taxes included in it.
and No. 712363P
0061 13-1
PERFORM ANC EBOND
Page I oft
SECTION OO 611,3
2 PERFORMANCE BOND
3
4 THE STATE OF TEXAS §
5
§ KNOW ALL BY THESE PRESENTS,
6 COUNTY'OF TARRANT §
7 That we one Construction Solutions,LLC known as"PrW* cipa1"herein and
8 Developers Surety and Indenvifty Conip mi.l a corporate surety(surelies, if more than
9 one)duly authorized to do business in the State of Texas,known as"Sure W'herem* (whether one
10 or more),are held and finny bound unto the City of Fort Worth,a municipal corporation created
, TW
11 pursuant to the laws of Texas,known as"City"herein,in the penal s um of'I O HUNDRED
12 THIRTY NINE THOUSAND FIVE HUNDRED SEVEMrY AND 09/100 DOLLARS
.
$239
( �1570019)
13 lawful money of the United,States,to be paid in,tort.
14 Wortb,Tan-ant County,Texas for the payment of which sum well and truly to be made,we bound
15 ourselves,our heirs,executors, administrators,successors and assigns,jointly and severally,
16 firmly by these presents.
17 NVUEREAS,the Principal has entered into a certain written contract with the City
18 awarded the 5 day of June, 2011,which Contract is hereby referred to and made a part hereof for
19 all purposes as if fully set forth herein,to furnish all materials,equipment labor and other
20; access ories defined by law, in the prosecution of the Work, including any Change Orders, as
21 provided for in said Contract designated as BRIDGEREPAIR AND RE11ABELITATION AT
22 SIX LOCATIONS (20112-23),GGOI-539590-0202003
23 NOW,THEREFORE,the,condition of this obligation is,such that, if the said Principal
24 shall faithfully perform it obligations under the Contract and shall in all respects duly and
25 faithfully perform the Work, inGluding Cliange Orders,under the Contract, according to the plans,
26 specifications,and contract documents therein referred to,and as well during any period of
27 extension of the Contract that may be granted on the part of the City,then this obligation shall be
28 and become nut I and void,otherwise to remain in full for mid effect.
29 PROVIDED FURTHER,that 1f any legal action be-filed on this Bond,venue shall fie in
30 Tarrant County',Texas or the United States District Court for the Northern District of Texas,Foft
31 Worth Division.
CITY CAF FORT"WORTH BRIDGE RENABILITA"ION(2012-23)
STANDARD CON MUCTION SMOMCATION DOC MENO GG01-539590-0202003
Revised July t,20,11
00 6t 13-2
PERF0FJSrfMCE BOND
Page 2 of 2
1 This bond is made and executed in compliance with the provisions of Chapter 2253 of the
2 Texas Government Code,as amended,and all liabilities on this bond shall be determied in
3 accordance w*lth the provisions of said statue.
4 IN WrIMSS WHERFOF,the Principal and the Surety have SIGNED,and SEALED
6th
5 thisinstrument by duly authorized agents and officers on this the -clay of
6 January _11.07 2 0 14
'7 PRINCIPAL:
8 Bone Construction Swuti err sl L1,C
9
10
y*
B
11 . F_
12
13 ATE 'TI:
14
15 116M! -
j
16 frmicipal)§ecr-etary Name and ThIlve
17
1 P.O. Box 823043
8 Addresso
19 1 orth R* h1ajj(i Hills........�,761,92
20, 1001
21
22 Oiess as to Principal
23 SURETY:
24 Developers Sure nd lndern nit y.Comppy
25
26
27 BY*- AZIM
28 hatjt, -.A
29
30 ATTEST- Brady K. Cox, Attorney-in-Fact
31 Name and Title
32 A
33 Address: P.O. Rox 19725
(SurJy) Marissa Allen
-9725
34 Irvine,C q- 2-623
35
36 949 -
37 Witness as to Sme Sylvia Thane Telephone Number: -263 330 0
38
39
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, showing that this person has authority to sign such obligation. If
43 Surety's physical address is differentfi-om its mailing address,, both must be provided.
44 The date of the bond shall not be prior to the date the Contract is awarded,
45
CITY OF FORT WORTH BRIDAGE REHABILITATION(20[223)
STANDARD CONSTRUCTION SPEC(FICATION DocumEmrs GGO 1-539590-0202003
Revised July 1,2011,
.hand'No. 712363P
0061 14-1
PAYMENT BOND
Pago I of 2
1 SECTION 00 6114
2 PAY MENTBOND
3
4 THE STATE OF TEXAS §
5 § KNOW ALL BY THESE PRESENTS,
6 COZY OF T §
7 That we, one C onstmc i. n Solut'liorts,LLC known as "Principal" erein, and
8 Developers Surety and Indeinnity Conipwiy I a corporate surety
9 (sureties), duly a. sari to d.o business 'in the State of Tex s, known as "Surety" herein
10 (whether one or more), am hold and firmly bound unto the City of Fort Worth, a mum'cipal
11 corporation created pursuant to the laws of the State of Texas, known as "City" hem u, in the
12 penal sum of TWO HLFNDRED1 T[HRTYMNE 1"1.0 SAND FIVE HLJNDRED SEVENTY
AND 09/100,DOLLARS($239,570.09)
13 lawful money of the,
14 United States, to be plaid M- , Fort Worth, Tarrant County, Texas, for the payment of which sum
15 well and truly be made, we b*md ourselves, our heirs, executors, administrators, successors and
16 assigns,Jointly and severally,firmly by these presents:
1,7 WHERJEAS,Principal has entered into a certain written Contract with City, awarded the
18 5 day of 2012, which Contract is hereby rderred to and made a part hereof for all purposes
19 as If Willy set forth herein, to fumish all materials, equipment, labor mid otheT accessories as
20 defined bylaw,M prosecution of the Work as provided for M said Contract and designated as
21 BRIDGE REPAIR AND REHABILITATION AT SIX LOCATIONS (2012-23). GG01-539590-
22 0202003.
231 NOW, THEREFORE, THE CONDITION OF TI-HS OBLIGATION is such that
24 Principal shall pay all monies owing to any (and all) payment bond beneficiary as defined in
25 Chapter 2253 of the Texas Goverament Code, as amended) 'in the prosecution of the Work under
26 the Contract, then this obligation shall be and become null and void; otherwise to remain in full
27 force and eff-ect,
28 This bond is made, and executed in compliance with the,provisions of Chapter 2253 of the
29 Texas Government Code, as amended, and all liabilities on this bond sliall be determined in
30 accordance with the provisions of said statute.
CITY OF FORT WORTH BRIDGE REHAMLITATION(2012-23)
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS GOOI-539590-0202003
Revised July 1,2011
00 61 14-2
PAYMENTBOND
Page 2 of 2
1 IN WITNESS WIM REOFj the Principal and Surety have each SIGNED and SEALED
2 this 'Instrument by duly authorized agents and officers on tbi's 'the -,, 6th day of
3 JanUary 20 14
4
PRINCIPAL.,
Bone Construction Solutiolisl LLB"I
ATTEST: BY'#,
S ure
Iincipal) gepoo&retary Name!and Title
Address.- 2,,Q,,,Bo&_8,2,1,Q43
North Richland mm Is&T'X 76 182
tnes as to!Princi'pal
SuRET,y.-
D eve lo 'ers Surety and Indemnity Company
0"-
A
TTEST BY4
........................
L400el
r,
Brady K. Cox,Attor'ney-in-Fact,
4 4
(Surety)Secretary M,arissa Allen Name and Title
Address-, P.O. Box 19725
Irvine,CA 92,623-9725
Witness as to Surety Syl ,Thomas
Telephone Number, 949-263-3300
5
6 Note: If cer of the Surety, there must be on file a, certified extract from the
7 bylaws showing that this person has authority to sign such obligation. If Surety's physical
8 address 'is different its mailbig address,both must be provided.
9
10 The date of'the bond shall not be prior to,the date the Contract is awarded.
I I END O S E,CTION
12
CITY OF FORT WORTH BRIDGE M- LAIDTLI TAT'ION(2012,23)
STANDARD CONSTRUCOnON SPECtIFICATION DOCUMENTS 1-5 9590-0242003
Revised Jully 1,2011
Bond No. 712363P
0061 19-1
MAINTENANCE BOND!
Pa go I of 3
SECTION 00 6119
2 MAINTENANCE BOND
3
4 THE STATE, OF TEXAS §
5 § KNOW ALL BY THESE PRE SENTS
6 COUNTYOFTARRANT §
7
B�one Constnicti ti
on Soluons,
8 That we L I LC known as"'Principal"herein and
9 Developers Surety and Indemnity Company a corporate surety(sureties,,if more than
10 one)duly authorized to do business 'in the State of Texas,Hawn as"Surety"herein(whether one
11 or more),are held and firmly bound unto the City of Fort Worth,a municipal corporation createa
12 pursuant to the laws of the State of Texas,known as"City"beret,in the sure of
13 TWO HUNDRED THIRTY NINE TIJOUSAND FIVE HUNDRED SEVENTY
14 AND 09/1010, OLL LS w 92. lawful money of the United States,to be paid in
15 Fort Worth,Tarrant County,Texas,for payment of which sum,well and truly be made unto the
16 City and its successors,we bind ourselves,our heirs,executors,administrators,,successors,and
17 assigns,jointly and sevemlly, firmly by these presents.
18
19 WIRREAS$the Principal,has entered into a certain written contract with the City awarded
20 the 5 day of 2012 which Contract is hereby referred to and a inade part hereof for al I
21 urposes as if fu y set forth herein, to furridsh all materials,equipment labor and other accessories
22 as defined by law I in the prosecution of the Work, hie luding any Work resulting from a duly
23 authorized Change Order(collectively her em" ,the"Work")as provided for M said wntract and
24 designated as BR. GE REPAM AND REHABILITATION AT SIX EQUA'T'IONS(2012-23),
25 GGO 1-539590-0202003;and
26
27 WEEREAS,Principal binds,itself to use such materials and to so construct the Wo�rk in
28 accordance with the plans,specifications,and Contract Documents that the Work is and will
29 remain free from defects in materW s or workmansb lip for and during the period of two(2) years
30 after the date of Final Acceptance of the Work by the City("Mam* tenance Period");and
31
32 WYEEREAS,Principal binds itself to repair or reconstruct the Work in whole or in part
33 upon receiving notice fr n the City of the need therefor at any tirne within,the Maintenance
34 Period.,
CITY OF FORT WORTH BPJDGL-*REHAWLITATION(2012-23)
STANDARD CONS1'RVCf1ON SPECIFICATION DOCUMENTS 0001-539590.0202003
Revised,July 1,2011
0061 19-2
MAINTENANCE BOND
Pap 2 of 3
2 NOW THEREFORE,the condition of this obligation is such that]if Principal shall
3 remedy any defective Work,for which timely no�tice was provided by City, to a completion
4 satis,fact ry to the City, then thi's obtigaflon shall become null and void;otherwise to remain in
5 full force and effect.
6
7 PROVIDED,HOWEVER, if Principal shall fail so to repair or ire wnstruct any timely
8 noticed defective Work, it is agreed that the City may cause any and all such defective Work to
9 be repaired and/'or reconstructed with all associated costs thereof being borne by the Principal and
10 the Surety under this,Maintenance bond;- and
11
1,2 PRO ED FURTHER,,that if any legal action be filed on this Bond,venue shall he in
13 Tarrant County,Texas or the United States District Court for the Northern District of Texas,Fort
14 Worth Division, and
16 ;SRO EIS FURTHER,that this obligation shall be continuous in nature and
.0
17 successive recoveries may be had hereon for successive breaches.
18
19
CITY OF FORT WORTH BRII)GE REHABILITATION(2012-23)
STANDARD CONSTRUCHON SPECIFICATION DOCUMENTS GG01-539590-0202003
Revised July 1.2011,
160
00 61 1�91-3
MAINTENANCE BOND
Page 3 of 3
1 IN WrrN4 SS,MqMREOF,the Principal and the Surety have each SIGNED and SEALE,D this
2 instrument,by duly authorized agents and officers on this the 6th day of
3 January 20 14
4
PRINCIPAL,
6 Bone Construction Solutioins, LLC
7
VT8 _ #
9 BY: 70t-.�
10 Si
11 A �e
12
13 Pres/JM
14 Val)Sitcor'etaty Name and Title,
15 t
Addr P.O. Box 823043
16
17 North Richland 1-fills,TX 76182
18
19 &_�rLe
20 ft%h;`ess a's to'Principal,
21 SURETY:
22 Developers Surety and Indemnity Company
23
24
25 B
26,
27
28 Brady K. Cox,Attorney-in-Fact
29 ATTEST,- Na l and Title
30
31 Address: P.O. Box 19725
6 L,
32 (Sure Secrpmry MarissaAllen It-vine,CA 92623-9725
33 tyla ......
34
35 as surety Sylvia,Thomas Telephone Nwnber: 949-2 300
36
37 *Note; If signed by an officer of the Surety Company,there must be on file a certified extract
38 from the by-laws showing that this person has authority to sign such obligation. If
39 Surety's physical address is different from 'its mailing address, both must be,provided.
40 The date of the bond shall not be prior to the date the Contract'is awarded,
41
CtrY OF FORT WORTH BRIDGE REHABIUrATION(2012-23)
si'ANDARD coNs'rRUMON SPECIFICATION DOCUMENrS GG01-539590-0202003
Revised July 1.2011