HomeMy WebLinkAboutContract 45377 SECRUARY THIS COPY FORS;
CONTRAiCTW,
CONTRACTOR
fORT WORTH Cmuc ow
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ON-CALL FRE4 ET LJG-iff CONTRAC OR
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TPW Plroject, No T W-TM 20 3-0
Betsy rice Tom f I Ig ,
Mayor City Manager
Douglas W. lersig P.E.
Director, a s l Rio d Public Works Departnient
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Prepared
The City of Fort Worth
Transportation and Public Works Department
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K_�Ae -Horn and Associates 111C.,
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Suite 95
Fort Worth., Texas 76102
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(817�) 33565
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nde endent Utility C onstruction, Inc.
OFFICIAL RECORD
CITY SECRETARY
RECEIVED j
FU3 19 17,(M FT WORTH,TX
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DA1750 1,1141i "e"014 **,C-26636 L00',NA,ME# 'T 'T
NO 0 LIG,HT CO"N 1 RAC , #1
10 PUBIUC
IC/ NO'
Er, TYPE CONSENT'
HEARIOGS
SOBJECTO: Aut,,j-ho,,,,,,n-,""zo,E,,xe,,,,t�ution,ofAgre,,em,,ents,for,Street'Light Insta/Illation,Services City-Widewith
ton o, h
B 0i'Elett cat, Inc.,,,,and Independent Utillit,y,C,on'struict* Inc, r ,wecl Each, n t,""e
po,r
Amount up to$500,000.00,(ALL COUNCIL DISTRICTS)
'R/",, D!vAlld E LOA, -T,I:-
J, ded that the City Council:
ize/1 exec on,of an Agreement,fortask order-based installationof, stre/et fl, 'htswith Bean
t, Author
h aterm of W eauand,pr d 01 g''two,
the amount up to$500,000,00,wit ne y "in
'a it 0hal
reneWaloptions at theearfler,expiration ofthe funds or tirne';and
2., Authorizer oxecut'lon of an Agreement for task order-based"Installation of stre H ts,with
et tgh
fndep, nt
Utility Con$1640ion Incorporated in the amount up to G,0,00.00 witha:1errn of;,oneyeaar and
'provid"Ing,
:two additional renewal options at'the earlier expiration of the,funds or time.,
The City hasan,on ng need for on-call, task order-based For
tract in! P,,Izice
ty $,
ess,,, ,dVisable that the Q havetwo c'onr,,,u nerit n,
,r,/e/$,, Siv W's Th e twv , ,I,,o
vendors below, have been selected,*;� om atrion the,biddersand,are,
h t
b4i retom m id,for,award ofcontract for,the amounts,up to,$500,00O."00eac,
ig I ton program. rd
contractors for the t4t)(s street 1' ht*nstallat" Task o �ors wiff be,iss�oed and are
'tin p y,offunds and the availobil-i f ,ac''�of the contractors
contif ew-t uponthe,availabilit `,h
0,d ised 10 theFort, on October 17 013a,,n, 'Octo,,bet.241
The'Project wase, 2 W
201/1 On Nov 7'1, 2013$ the following responsive,proposals were, received and areranked,from,
lowest to fthest bid prim-,
t
mv,
1"d,
S rr"b!am int
aian EleOri lnc�,,, $501115,765,00
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ep
po te,
n, t ;tio ZD0,
e'ra''U co sttuc,,"n, Incot ,re , d
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IVI61s'Ele LP $ 6651737.50
F 4, enter'ntoAgreemients E ,te
e �ft eC
th:attfi! ''ity I with 'Bean lec icat, Inc., and,Independent
' S
V#w Co
p0ra el sk- ir
n str Incor ted to sery '�as the City's,ta or,der contractors based upon,the
si
SO "on,of("ths,fl;`r second lowest bids,,.,
n, tance,W11 Inance I
M/WBE office Bean El/ cal, Inc, Is tj c Mpf" th jt he City's,BDE1 Ord* by,committ" t
ce NtBEI,/ aa: on th* project, is,pr9jeCt,
11,"0,per , nt pa',rt,' ipa ion is The goal for th" is 10 re reent,
0y
In endent Ultj Construction, Incorporated is in comp tance w ce
in 10 porce"t,1013 artici� atio 11 'The goalfor thils project 10 percent,
co it"t'", g to E�p n,on thisi,pro ct.
Iong:as,,/Jh,,
IM 'a$
f��WAL OP�UONS-Each-Agreement may be renewed for twoaddit-ionval fil es
t in,
'is 0 the City is"williniga
e origi ally bid unit prices and X,I
to,th in o cont we e,w""","', �,,e
"lable. This action does,not retluire,specii cCi
e 14 e, w ,,,r/ t avat
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ty 01/'�
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the' renewal term,
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Addendum'
On-Call Street L ht Contractor
10 City of Fort Worth Project eot loo. TPW-T 13- 1
Addendum Issued November 5, 2013
Bid: Date-. November 7, 2013
Addendum No. 1 includes the following changes, or clarifications to the Project Manual and/or
Plans.
1, Project Manual, — Bid Proposal
a. replace the 010 42 43 Proposal Bid Form with the attached document. The
following changes were made.
,added the terms "Furnish/Install" or "Install" to clarify which items, the City
will provide to the Contractor to install.
All`
Added a Lump Sum pay item for Mobilization.
Added a pay item for Exploratory Excavation of Existing Utilities with
a quantity of each.
Added pray items for the decorative, light pole foundations, Types 9
1 .
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2 Clarifications
. Bonding will he for $500,000 and not on an individual work order beds.
. Updated ted City standard detail sheets are, included in the addendum. These
updated versions will he used in place of the current versions on BuzzSa r.
c. Contractors have - ve 5 City business days to submit their M,BE, forms per
specification oo 45 40..
d. Contractors shall contact the 111E office for the latest approved ME firms.
u,
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e. A simple ornamental pole shall he defined as a polo without an orris. A complex
ornamental pole shell he defined as a pole with an arm.
Please he sure to acknowledge your receipt of this Addendum, in your response.
Addendum prepared by:
Scott R. Arnold, P..E.
lJ: Kirnley-/Morn and Associates, Inc., T PE Firm No. F-928
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I Addendum No. 2
11 On�Call Street ht Contractor
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I City of Port"worth Project N o. T P -T -2 'l 3-
Addendum issued- November 6, 201
if
Bid Date: November 7, 2013
Addendum, No. 2, i cludes the following changes or clarifications to the Project Manual and/or
Plans
1.1 Pr "ect Manual - Baud Proposal
1
a. Replace the 00 42 43 Proposal Bid Form with the attached d cu e t The
following changes, were made:
Modified Bid Item 94 description "Furnish/Install 3 ' ''ood Ligh,,t Pole"' to
read "Install 3 ' Wood L Mg t Porn."
OF
Y
Please a sure to acl n wl� d a your receipt of this Addendum in your response.
Addendum prepared by
At
r
Scott R. Arnold P.E.
Kimley-Hiorn and Associates, Inc., T PC Firm No. F-928
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1
52 43 I
Agreement
Page I of 4
1 SECTION 00 52 43
f, 2 A C RF"E. ANT
3 TIFIIS AGREEMENT, authorized on angai I4 2014 is made by and between the City of Fort
4 W
girth, a Texas home rule MU.111eipa ity, acting by and t rough its duly a rthorized City Manage ,
5 ���i�'�):� and Independent'LTti*!Lq Construction,,Inc.,,, authorized to do business in Texas, acting
by and through its duly authorized reps eerita.te, ("'Contractor").
City and Contractor, in consideration of the inutual covenants hereinafter set fort h, agn-ee as
follows*-
Article 1. WORK
10 Contractor shall complete all Work as seemed or indicated in the Contract Documents for the
I 1 :erect identified herein.
12 Article 2.PROJECT"
13 The project for which the Work render the Contract Documents may be the whale or only a part is
14 generally described as `allows
}tea
5 New street light installations, or improvements to existing light standards to improve Overall
16 traffic and pedestrian safety within the City limits of Fort Worth.
17 Project l" arne: Orl-Cull Street right Contractor
18 Project Number T T 2 .3- 1 Street L.ight On-Call Contract
19 Article 3. CONTRACTTIME
20 3.1 Time is of the essence.
21 All time Limits for Milestones, if any, and Final Acceptance as stated in -the Contract
22 Documents are of the essence to this Contract.
23 3.2 Final Acceptance.
u�
24 Time for Final cceptar.ce wi,11 be determined an a per work Order basis, and run until the
25 amount of$500,000, 'not to exceed., has been ex austedw.
26 3.3 Liquidated dama es
27 Contractor recognizes that time is of the essence of this Agreement and that City will
28 suffer financial lass if the Work is not completed within the times specified in Paragraph
3.2 above, plus any extension thereof allowed in accordance with Article 12 of the
3 General Conditions The Contractor also recagnizes the delays, expense and difficulties
1 involved in proving in a legal proceeding the actual loss suffered by the City if the Work
32 is not completed on time. Accordingly, instead of requiring any such proof, Contractor
33 agrees that liquidated don c es "�: delay (but not as a penalty), Contractor shall. pay
4 City Six Hundred and Fifty Dollars ($650.00) for each day that expires after the time
MIR 3 5 specified in Paragraph 3.2 for Final Acceptance until the City issu,es the Final Letter of
36
Acceptance.
CITY OF FORT W.R."I H Ora-Call Street Light Contractor
'I'ANDARD CO TRU `I"JON SPECIFICATION DOCUMENTS TIC _Tl 201.3- I
Reprised December er 2 ,2 12
0052431
- .
Agreement
Page I of 4
t. SECTION 00 52 43
AGREEMENT
3 THIS AGREEMENT, authorized on Jappary 14,2 14 is made by and between,the City of Fort
Worth a Texas Lorne rule municipalit , acting by and through its duly authorized C" Man ge ,
5 ("City"), and In � d t l tI � Const rust o � , authorized to do business in Texas actin.
by and through its duly authorized ze representative, ("Contractor"').
City and Contraetor n consideration of the mutual covenants hereinafter set forth, agree as
follows:
Article I. W
11111"
Contractor shall complete all Work as specified or indicated In t he Contract Documents for the
I I Project identified. herein..
2 Article 2.PROJECT
3 The project for which the Work tinder the Contract Documents may be the whole or only a part Is
generally described as follows:
15 New street 1. .t installations, or improvements,to existing light standards �rnprc �e erall
6 traffic and pedestrian safety within the City limits of Fort Worth.
17 Project Name: Orr-Call Street sight Contractor
18 Project ect Number TPW- `M-2 3-01,. Street Light On-Call Conti-act 41
9 Article 3. CONTRACT TIME
20 3.1 Time is of the essence.
2 All time limits for Milestones I if any, and Final Acceptance as stated in the Contract
22 Documents, are of the essence to this Contract.
23 3.2 Final Acceptance.
2 F1' rnernaleceptanee determined on a per order pals and run until the
25 amount o f$500,000, not to exceed., has been exhausted.
3.3 Liquidated damages
27 Contractor recognizes that time is of the essence of this Agreement and that City will
28 suffer financial loss if the Work is not completed within the dines specified in Paragraph
29 3.2 above, plus any extension thereon allowed in accordance with Article 2 of the
30 General Conditions. The Contractor also recognizes the delays, expense and difficulties
31 involved n proving in, a legal proceeding the actual less suffere l y the City if the Work
2 is not completed on bi-ne. Accordingly, instead of requiring, any such proof , Contractor
3 agrees that as liquidated daniages for delay but not as a penalty), Contractor shall pay
34 City Six Hundred. and Fifty Dollars ($650.,001) for each clay that expires after the time
5 specified Paragraph 3.2 for final Acceptance, -un.til the City Issues the Final Letter of
6 Acceptance.
CITY OF FORTWORTH On-Call Street Light Contractor
STANDARD CONSTRUCTION SPECIFICATION DOCII'MENTS 'TPW-I'M-2013-01
Revised December 20,2012
O'O 52,43-2
Agreement
Page 2
Article 4. CONTRACT P . CE
2 City agrees to pay Contractor for performance of the Work in accordance with the Contract
Document s an amount,not to exceed in current funds of Five-Hundred Thousand Dollars
IMP 4 ($500,000). This amount unt remains contingent upon the availability of fends and the availability of
5 the Contractor.
6 Article 5., CONTRACT DOCUMENT'S
7 5.1 CONTENTS:
A. The Contract Documents wig comprise the entire agTee ent between City and
Contractor concerning the Work consist of the following.
.. This Agreement.
f
:t l . Attachments to this Agreement:
2 a. Bid Form
3 1), 'Proposal F rn
2) Vendor Compliance to State Law Non-Res,ident bidder
I 3 Pre ua.11flcat'lon Statement
16 4) State and Federal documents (project sl)ecific)
17 b. Current Prevailing Wage ate Table
c. Insurance ACORD Form(s)
d. Pay ncnt Band
20 e. 'crf on-n .ncc Bond
21 1 Maintenance Bond.
22 g. Power of Attorney for the Bonds
23 h. Worker's Compensation Affidavit
24 i. MVME Commitment Form
f
25 3. General Conditions.
26 4. Supplementary Conditions.
27 5. Specifications, pecif cal ly made a. part of the Contract Document y attachment
28 or if not attached, as incorporated by reference and described in the "Fable le
29 Contents of the:p'roject's Contract Documents.
PIN 30 61. Drawings,.
31 7. Addenda.
32 8. Documentation submitted by Contractor prior to Notice of Award.
33 9. The following, .w� c mad be delivered or issued ed after t .c Effective Date of the
34 Agreement and, if issued, become an incorporated part of the Contract Documents,.-
35 a Notice to Proceed.
36 b. Field Orders.
37 c. Change Orders
38 d. better of Final Accc a.nce.
3
:QTY OF FORT WORTH On-Call Street Light Contractor
STANDARD CONSTRUCTION l'E '" DOCUMENTS
TM-TM-2013-011
Revised December 20,,2012
Jy�
0 52 43-3
Agreement
Fags 3 of
1 Article 6. ENDENMIEFICATION
2 1.2 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own
3 exp�ense the city, its officers, servants, and employees, from and ,against any and all
4 claims arising out of, or alleged to arise out of the word and services to he performed.
5 by the contractor, its officers, agents, employees, subcontractors, licenses or invitees
6 under this contract. This indemnification ro�ision �► � ecif��cal inters ec to g crate
7 and he effective even if it proven that all or some of the fauna es be*
souu ht mere cause in whole or in art h an a+ t �� or �+ ence of the
9 This indemnity provision is intended to include, without li itation, indemnity for
10 costs, expenses and legal fees incurred by the city in defending against such claims and
1 t causes of actions.
1.2
13 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense,
14 the city, its officers,servants and employees,from and against any and all loss, damage
15 or destruction of property of the city,arising out of,or alleged to arise out of the work.
16 and services to he performed by the contractor, its officers, agents, emp oyees
17 subcontractors, licensees or, invitees under this contract. This inde nnifica.tion
1. rovision is ecificall intended to o erate and he effective even if it is al ie ed� or
19 proven that all or some of the clams es being sought were caused in who�le or in part,
MO 20 by an act omission or ne li ence of the ci
21
22 Article 7. MISCIELLANFOIJS
f,
23 7.1 Terms.
24 Terms used in this Agreem ent which are defined in Article I of the General Conditions will.
r 5 have the mean ire s in icated in the General, Conditions.
26 7.2 Assignment of Contract.
lip This. Agreement, including a.l.l. of the Contract, Doen:ments. may not be assigned �by the
/�„ 28 Contractor without the advanced express written consent of the City,...
29 7.3 SU,Ccessors and Assigns.
30 City and Contractor each binds itself, its partners, successors, assigns and legal
3 1 representatives to the other party hereto, in respect to all covenants, agreements and
32 obligations contained in the Contract Doc-un ents.
33 7.4 Severabilxt .
Any provision or p
art of the Contract
Documents,
held to be unconstitutional,
r
35 unenforceable by a court of competent jurisdiction
shall be deemed stric' en, and all
36 remaining provisions shall continue to be valid and binding upon CITY and
37 CONTRACTOR.
38 7.5 Governing Law and Venue.
39 Tbis Agreement, including all of the Contract DOCUMen.ts is performable in the State of
40 Texa . Ven ue shall be Tarrant County, `texas, or the United States District Coast for the
41 Northern District of Texas,Fort.Worth Di isio ..
CITY O FOR T WORTH OD-Call,Street sight Contractor
STANDARD CONSTRUCTION ''EC:FICA"IJON DOCUMENTS TPW-TM-2013-01.
Revised Decemb r 2 ,,2012
005243-4
IMP Agreement
Page 4 of'4
1 7.6 Other Pr,ovisions,.
2 Contractor ctor agrees to pay at least nimui,-n wage per hour for all '- as the same
3 classified, set out by the City, a copy of wc s atfached hereto
adc a part hereof the same as if t were co � e d verbatim herein.
5 7.7 Authority to Sign.
shall 6 Contractor . attar
IMP 7 authorized signatory of the Contractor.
~actor.
8
FINES S EkEO F City and Contractor have executed this Agreenient in ti e
10 counterparts.
I I
I ON 12 This Agreements �`ect v as of the last date slgi,wd by the Parties "Eff-ective Date").
13
Contractor*. City of Fort Worth
Fernando Coista
....; Assistant City Manager
0 gna ture)
Date.1111111 '9
r
y
Attest:
(printed Name) w + S r dpi i.
City Secretary KK
o,
ntle. (Seat)
tre :
�
3
.!I� M&C C-� Z"Lu Date: I C
MIN®R ality- S
C State/Zip. 9�_i_Aw: Approved as to Forin and 'I",xg<
//,v hA At *01,
MIIP , ' ,.
Assistant City Attorney
5,
16 APPROVAL RECOMMENDED:
18 4.j
r ,
20 Doug[, W. Wier . ,PA
21 DIRECTOR,,
22 #1 1 ransportation and Public Works Department
0"O�'
2
OFFICIAL RECORD
CITY SECRETARY
[OFFICI D D
CTYq
4 Y
F T 0 rX
1r,WORTHo TX
.:;1" "�" �" On
-Call'Street Light Contractor
SI"ANDARD `'" N� "" C "A�"O L C".M ; "ml a" `PW-I'M 20.3-
Revised December 20,2012
00 61 1 -1
PERFORMANCE BON
Pap 1 of 2.
J' Bond No. 6067229
SECTION 00 61 13
2 PERFORMANCE BOND
3
4 THE STATE OF TEXAS
5 § KNOW ALL BY THESE PRESENTS.
6 COUNTY OF'TARRAN T'
PI,, That we, ende nt tai �` wrrstructlnr nc.,, known as `�Princ pal" here,l n
8 Ohio o Farmers Insurance Cn an , a corporate surety(sureties, if more
111M 9 than one)duly authorized to do business in the State of Texas, lu a n ass "Surety" herein(whether
10 one or more),, are held and firmly hound unto the City of Fort Worth, a municipal corporation
created pursuant to the laws of Texas, known as "C " herein, in the penal SUM of, Five
12 Hundred Thousand Dollars and Zara Cents ($500,000-00) lawful money of th United States,
13 to be r;
paid in Fort 'worth,Tarrant County, Texas for the payment of which Burn well and truly to
14 he made,we hind ourselves,our heirs, executors, administrators, successors and assigns,jointly
15 and severally, firmly by these presents.
16 VVHEREAS, the Principal has entered into a certain written contract with the City
1�
17 awarded the 14'b day ofJan 2,014 ,which Contract is hereby referred to and made a part
hereof for all purposes as if fully set forth herein, to frnish all materials, equipment labor and
IMP
19 Other accessories defined by law, in the prosecution of the Work, including any Change Orders,
20 as provided for in said Contract designated as On-Call Street L t Contractor TPW Project
21 TP -T -2013 street Lt'ght On Cal Contract 41.
22 NOW,THEREFORE,the condition of this obligation is such that if the said Principal
23 shall faithfully perform it obligations under the Contract and shall in all respects duly and
24 faithfully perform the Work, including Change Orders, under the Contract, according to the plans,
25 specifications, and contract documents therein referred to,and as well daring any period of
26 extension of the Contract that may he granted on the part of the City, then this ob�ligation shall be
27 and hecorne null and void, Otherwise to remain in full farce and effect.
281 PROVIDED FURTHER,that If any legal action he filed on this Bend, venue shall lie 1,11
29 Tarrant ount ,Teas car the united Mates L ist•i.ct ;Curt r the Northern District Teas,Fort
Worth Division.
CITY C;F' ORT WORTH Can-C ail street Light Contractor
STANDARD ONSTRUCTION SPECIFICATION A 1C 1 DOCUMENTS'MEETS `1'PW-TM-2013-01.
7,ir Revised July 1,2011
0061 1.3- '
Page 2 of 2.
fond No. 6067229
This bond is made and executed in compliance with file provisions of Chapter 2253 off"the
2 Texas Government Code, as amended and all liabilities on this,bond shall be determined in
3 accordance with the provisions of said statue.
1
M WITNESS W �i Off"',tike Principal rnd the Sure y have SIGNED and SEALED
this instrument by duly an. horized agents and officers on this the 2'h day of FebruaM 2014.
PP 5 7 N EP Er ENJ'UTILITY
PIP 8 DNS
T . �rNc.
9
10 BYE
Sid, C re
1.2 ATT"
13
14.5 Pr S retarl Name and -ritie
6
17 Address: 5109 Sure.Valley Drive
Foil Worth, Texas 76119
20 IV
21 ss as to Principal
2 SURETY.
23 OH101 CARERS fNSURANCE
4 C A
5 �
6
o
29 Kvle W. Sweeney, A t ne -i.n- `act
-ne and,Title
30 Nai
3
dd.ess 5,55 Re Drive Suite
Piano Texas 75074
34
Lk
35
36 Witn s� to Surety Eljz dh dray Telephone Number: 972-516-2600
37
3
op 39
4 f si ed by an officer o e Sere; Cow n , there �nu,s e on ale a certified extract
41 from the by-laws showing that this person has authority to sign such obligation. if
42 Surety's physical ,address is different from its mailing address, both must be provided.
W M
43 The date of the bond shall not be prior to the date the Contract is awarded.
�,r1_
CITY OP P P.T W RT.1 On-Cal d Street Ligh,t Contract or
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS TPA-TM-2013- 1
Revised July 1,2011
V,
0061 14- 1
PAYMENT SONIC
Page I of 2
Bond No. 6067229
SECTION 00 61 14
2 AMEN I'BOND
3
THE STATE TEXAS
KNOW ALL BYTHESE PRESENTS.
COUNTY OF' NT
That we, Independent Utill'ty Construction Inc. known as "Principal"
herein and Oliio '+arrncrs Ins Franc C n to surety
�+ � ..c�r�.tc s�urc
(sureties), duly authorized to do business in the State of Texas, known as, "Surety" herein
1 whether one or more), are held and firmly bound unto the City of Fort Worth, a municipal,
I I cor p oration created pursuant to the laws of the State of Texas, known as "City" herein, in the
2 penal sung of Five Hundred Thousand rollers and Zero Cents-l$-500,000.00), lawful money of
P
13 the United States, to be paid in fort Worth, Tarrant County, Texas, for the payment of which sum
14 well and truly be made, we bind ourselves, our heirs, executors, administrators, successors and
15 assi s,jointly and sev�rallyr, fi�-rnl�b�these rescr�ts
16 WHEREAS, Principal al has entered into a certain written Contract with City, awarded
the 14'h day of Januaa, 2014, which, Contract is hereby referred to and made a part hereof for
18 all purposes as if fully set forth herein., to fu ish all materials, equipment, labor and other
Pill,
1 accessories as defined � ate, �n the prosecution of ��rl �s provided for said Contract and
20 designated as On-Call Sti-eet Iii ht Contractor TPW T1" Pro' t # TP -TM-201 ►- 1 -- Street
t Light On-tall Contract#1.
22 NOW, THEREFORE, THE CONDITION THIS OBLIGATION is such that if
23 Principal shall pay all monies owing to any and all) payment bond beneficiary, as defined in
r17 24 Chapter 2253 of"the Texas Government Code, as mended in the prosecution of the Work under.
5 the Contract, then this obligation shall be and become null„ and void- other to rcrna�n "n .
26 force and effect.
27 This bond i's made and executed in, compliance with the provisions of Chapter 2253 of the
8 Texas Government Code, as amended, and all liabilities on this bond shall be determined in
2 accordance with the prow i s ions of said statute.
CITY OF FORT WORTH On-Call Street Light Contractor
STANDARD CONSTRUCTION"TI ON SPECIFICATI(JN DOCUMENTS TPW-TM-2013-01
Devised July 1,2011
0061 14-2
PAYMENT BOND
y fags"'of 2
Bond No.. 606:7229
1 IN WITNESS WUF ..,0F, the Principal and Surety have each SIGNED and SEALED
2 this instrument by duly au the r zeC agents and of cers on this the day of FebruaKy,,2014 .
3
PRINCIPAL
w
ATTEST. BY
Si Idamre
Richard Wolfe .. r.. Vice President
rp (PrinV�vci ereta
ry q 4 �� Marne and Title
Address: 1 Sun Vallev Drive
d
Fort Worth Teas 76119
the as to r nci al
S URETY
OHIO FARMERS INSURANCE COMPANY
POP 00
L0110 U*Aw;41'
Kyle W. Sweeney,.Attom jr:ftgt
(Surety) Secretary Marne and Title
Address-, 5551 Republic Drive Suite 450
Pla .Texas 75074
fG �_,yGW '�mriuwm"
�itn.ess Surety Elizabeth
Telephone,ne a rT her 972 516-,2600
4
5 Note-. If signed by an officer of the Surety, there must, he on file a certified extract from the
bylaws showing that this person has authority to sign such obligation. If Surety's physical
7 address is different from its mailing address, both must he provided.
The Cate of the bond shall not he prior to the Cate the Contract is awarded.
VIP 10 END OF SECTION
CITY"OF FORT WORTH On-Call Street Light Contractor
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS MENTS T" 'W-TM 2013- 1
Revised July 1,2011
1
mAiNT NANCE BOND Page I of
Bead N . 667229
O SECTION 61 19
2 MAINTENANCE BOND
3
4 THE STATE OF TEXAS
5 § KNOW ALL BY THESE PRESENTS,
6 COUNTY OF TA : ANT
That we lu.dUeulent L.t11i CnstructiogInc. known as"Principal"
9 herein and Ohio Farmers Insurance Compapy a corporate surety(sureties, if
10 more than one)duly authorized to do business in the State of Texas, kn.own as "Surety" herein
110 1 (whether one or more), are held and firmly hound unto the Cif of Fort Worth, a municipal
12 corporation created pursuant to the laws of the State of Texas, known as"City" herein, in the sung
3 ofFive Hundred Thousan d Dollars and Zero Cents($500,000.00) law fu money of the United
14 States,to he paid In port Worth,Tarrant County, Texas, for payment of which sum well and truly
15 he made unto the City and its successors, we hind ourselves, Our heirs, executors, administrators,
16 successors and assigns,jointly and severally, firmly by these presents..
8 WHEREAS,the Principal has entered into a certain written contract with the City awarded
theme day of JanuaEy,2 1 , which Contract is hereby referred to n a made part hereof for
20 all purposes as if fully set forth herein, to furnish all materials,equipment labor and other
21 accessories as defined by law, in the prosecution of the Work, including any 'work resulting from
22 a duly authorized Change Order collectively herein., the Work" as provided for in said contract
23 and designated as in-Call Street L l* ht Contractor TPW Project#TPW-TM-2013- w1
24 Street Li*Lyht On-�Call Contract 41 and
25
26 WHEREAS, Principal hinds itself to use such materials and to so construct the Work in
27 accordance with the plans, specifications and Contract Documents that the Work is and will
28 remain free from defects in materials or workmanship for and during the period of two 2 years
29 after the date of Final ,acceptance of the Work by the City"("Maintenance Period"), and
,3
31 WHEREAS, Principal hi.nds i.tself to repair,or reconstruct the e for whole or m part
32 upon receiving notice from the City,of the geed thereof at any time within the Maintenance
33 period.
34
CITY OF FORT WORTH On-Call street Light Contractor
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS TM-Tl" -2013-0I
Revised July t,2011
0061 1 -2
MAWTENANCE BOND
Page 2 of
Bond No.. 6067229
NOW THEREFORE,, the condition of this obligation is such.that if Principal shall
2 remedy any defective Work, for which timely notice was provided by City, to a completion
3 satisfactory to the City, then this obligation shall become null and l otherwise to remain in
4 full farce and effect.
5
6 PROVIDED,,HOWEVER, if Principal shall fall se to repair or reconstruct any timely
7 noticed defective Work it is agreed that the City may cause any and all such defective Work to
be repaired andJ r reeonstnicted with all associated costs thereof being borne by the:Principal and
9 the Surety under this Maintenance lend, an.
1
1 `ROVID D FIJR,THER that if any legal action be filed on this �ond venue shall lie in
PIMP
2 Tarrant County,Texas,or the United States District Court for the Northern District `Texa.s, Fort
13 Worth thin-, and
1.4
15 ROM CAD FLTRTHER,that this obligation shall be continuous in nature and
16 successive recoveries may be had hereon for successive breaches.
1
18
19
CITY OF FORT WORTH On-Call Street Light Contractor
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS W-TM-2013-01
Revised J ly 1,2011
0061 19_:
MAINTENANCE BOND
1, Page 3 of 3
Bond Nod. 6067229
IN WITNESS WHEREOF, the Principal and the Surety have each SIGNF,: and SEALED this
2 instrument by duly authorized agents and officers on this{tie I2
3
PRINCIPAL-
5 NDEPEN NT UTILITY
, ST TION T11d .
7
Y
ur
' 10 ATTE
1.1
12 Richard Wolfe j �Lpqe esident
01,, 13 Prhici a cretar Name and Title
1
15 Address. 51019 Sun Valley Drive
16 Fort Wort h Texas 761-19
011"
17
8
19 Witness as to,Principal,
P, 20 a - SURETY:
Y
21 OHIO FARMERS INSURANCE
22 COMPANV2,/) (07
23
pp
Y
e
2 irat
2
27 Kyle,.W. Sweeney, in—Fact
28 ATTEST: Name and Title
29
30, Address.- 555 Rgpublic Drive Suite 450
31 (Surety)Secretary Plano,Texas 750,7
32 s
33
F
34 Witness Surer'"Elizabeth Gray Telephone Number: 72-51 -2600
35
36 '`Note.* If s,igned by air officer er f the Surety Company, there must he on f. e a certified extract
showing 37 from the by-laws authority to sign. such obligation. f
that �� � � gas aat' a�r�
38 Surety's physical address is different frd rn its mailing, address,, both rust he provided.
d..
39 The date of the bond shad.l not he prior to the date, the Contract is awarded.
ed.
CITY F FORT W RTH Oil-Cal I Street Light Contractor
STANDARD CONSTRUCTION SPECIFICATION DO UNfEN",' 'rP W-TM-2013- Z
Revised JLIIY 1,2011
1
I "ICE AVI IMPORTANTE
obtain, information or make a complaint,-. P,ara obtener informacion o plara so meter un
ue' ;
You may call Westfield Insurance Company's
and/or Ohio Farmers Insurance Company S UUst ed pulede, 11aniar all n,urr ro de telefono gratis de
I MR doll-free telephone numberfor information or to est i ld Insurance Company's Ohio Farmers
make a complaint at. insurance Com ny's pa,ra informa ion o para
coaster urea queja Sul.
1-800-368-3597
You may also write to estfield Insurance
Company and/or Ohio Partners Insurance Usted tam ien puede escribir a Westfield Insurance
Company at. Company Ohio Farmers Insurance Company:
555 Republic liu Drive, Suite 450 5515 Republic Drive, Suite 450
Piano, Texas 75074-8848 Plano, Texas 75074-884
You may t act the Texas Department Pu de c rnunilicars con el Di artamento d'
Insurance to, obtain inform tlor on ur s de Texas para par obitener informacion acerca,
companies, coverages, rights or complaints, de companias, coblerturas, derechos, ol qu Sul.
t;
11-800-252-3439
Puede e�s,crib�i�r al Departamer t de Segu�r s, de
You may write the Texas Department of Texans.
Insurance.
Box 14,9104
P. 0. Box 1 49 104 A,uistin�, TX 78714-9104
00 Austin, TX 787'14-9104 Fax- (5 12) 475-1771
a -F (51,2) 475-1771 Web: http-//www.tidi.state.tx.u,s,
x.
Web.- I tt -:/ .tdi.state.tx.us E-mail.- C nsumerP"ro c�i dl.st e. x.us
E-mail: ConsumerProtection tdi.state,tx.us
PREMIUM"IL CLAIM DISPUTES.- *u time ulna disputla cork rniernte a su prima o a un
�� � nuni� r�� con l ��rt S uld you have a dispute concerning your reds ,
premium or about a claim you should Westfield Insurance Company/ Ohio Farmer
contact the agent or Westfield I nsurance Insurance Company primero. Si no se resuelve la
Company ar d it Ohio, Farmers, Ins �r nee disi uta, uede entonces ciomunicarse con el
Comapny first. If the d'ispute is not resolved, d p rtame t (TDI).
you may contact the Texas Departmient of
Insurance. UNA ESTE A I SO A SU LIZ . Este, avisol
solo Para pro p sit de in�formacion y no s
ATTACH THIS ICE TO YOUR cryµ
POLICY.- This notices is for information only adju to.
and does not become a part or condition of
the att dried docurrilent.
?'W�c
THIS POWER OF ATTORNEY SUPERCEDES ANY PREV11OUS POWER BEARING TH'IS SAME
M!"30WER#AND ISSU�ED PRIOR TO 04120111, FOR ANY PERSON OR PERSONS NAMED BELOW.
General POWER NO. 4220052 06
wPower Westfield Insurance Co.
c, Df Aftoirney Westfield National Insurance Co.,
ERTIFIED COPY Ohio Farmers Insurance Co.
q
Westfield Center, Ohio
,Know All Men by These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO
FARM'ERS INSURANCE COMPANY, corporations, hereinafter referred to individually as a 'wComp,any*y and collectively as �Companies," duly
pWrganized and existing un�der the laws of the State of Ohio, and having its principal office in Westfield Center, Medina County,O�hio�, do by these
)resents make, constitute and appoint
'W"VHARLES D. SWEENEY, M�ICHAEL A. S�WEENEY, KYLE W.SWEENEY, ELIZABETH GRAY, JOINTLY OR SEVERALLY
if FORT WORTH and State,of TX its true and l�awful Attorney(s)-i n-Fact,with full power and authority hereby conferred in its name
place and stead, to execute, acknowledge and del,iver any and all bonds, recognizances, undertakings, or other instruments or contracts of
suretyship- - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
M.11MITATION: TtJIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE
)-IUARANTEE,,OR BANK DEPOSITORY BONDS.
And to bind any of the Companies thereby as fully and to the same extent as it such bonds were signed by the President,sealed with the corporate
seal of the applicable Company and duly attested by its Secretary,, hereby ratifying and confirming all that the said Attorn ey(s)-i n-Fact maydoin
Ae premises. Said appointment is made under and by authority of the following resolution adopted by the Board, of Directors, of each of the
-VESTFIELD INSURANCE COMPANY,WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY:
ffBe It Resolved,that the President, any Senior Executive, any Secretary or any Fidelity& Surety Operations Executive or other Executive shall
oe and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-�i n-Fact to represent and act for
and on behalf of the Company subject to the following provisions:
The 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
"' eliver,any and all bonds, recognizances, contracts,, agreements of indemn,ity and other conditiona�l or obligatory undertakings and any and all
iotices and documents canceling or terminating the Company's liability 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 President and sealed and attested by the Corporate Secretary."'
OBe it Further Resolved''that the signature of any such designated person and the seal of the Company heretofore or hereafter affixed to any
ower of attorney or any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signatures or facsimile
eat shall be valid and binding u:pon the Company with respect to any bond or undertaking to which it is attached.ff (Each adopted at a meeting
ield on February 8,2000).
In Witness Whereof,,WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE
COMPANY have caused these presents to be signed by their Senior Executive and their corporate sealls to; be hereto affixed this 20th day of
#PRIL A.D.,2011
Corporate vis 4.f
A%ONA WESTFIELD INSURANCE COMPANY
"V
Seals
WESTFIELD NATIONAL INSURANCE COMPANY
Affixed
%Lq
OHIO FARMERS INSURANCE COMPANY
Wry I
Z
0
EAL 0 t 3C
M
%
V06, 1848 1-4-:
0 **Z� 4:� . : I#W
% %
40,01
4% goo By:
04,
,pgtate of Ohio R chard L. Kinnaird, Jr., National Surety Leader and
bunty of Medina s�s.: Senior Executive
On this 20th day of APRIL A.D.j 2011 before me personally came Richard L. Kinnaird, Jr. to me known, who, being by me duly
oirn, did depose and say,that he residesIn Medina, Ohio;that he is Senior Executive of WESTFIELD INSURANCE COMPANY,WESTFIELD
'r—'ATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY,, the companies described in: a�nd which executed, the above
'I
iistrument that he knows the seats of said Companies;that the seals affixed to said instrument are such corporate seals*that they were so affixed
order of the Boards of Directors of said Companies;and that he signed his name thereto by Ilike order. Ar
A
Notarial VAOA I A00%
Seal %AL
: Ise.,
Affixed --woloik- " ,
#PZ
`0 Is - V_
William J. Kahelin,A rney at Law, Notary Public
Z
1M, ate of Ohio 0� My Commission Does Not Expire(Sec. 147.03 Ohio Revised Code)
ounty of Medina ssl.
1,Frank A.-Carrino,Secretary of WESTFIELD I'INSURANCE COMPANY,WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS
4SURANCE COMPANY, do hereby certify that the above and foregoing is a, true and correct copy of z,Power of Attorney, executed by said
Companies,,which is still in full force and effect;and, furthermore,the resolutions of the Boards of Directors,,,seit out in the Power,of Attorney are
in full force and effect.
I h 4
Whereof I 16if hereunto, set my hand and affixed the seats of said Compankxs at Westfield Center, Ohio, this 12thday of
. 1 24 4
T A.D.7
%U RA ONAC
C�, look
LA
&MC
SEAL I
secndaty
S *Wdl
10 S-,ecretafy
113413 *_4e
Frank A. Carrino,
4*
10 eo
BPOAC2 (combined) (06-02)
DATE� �DD�'YI
IFICA CERTTE LIABILITY I I~nl�I
�/� /2014
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION RMATION ONLY AND CONFERS NFERS N' O RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,
EXTEND C�N� I�rLTN� THIN COVERAGE AFFORDED BY THE POLICIES
II S
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING IN SURER S, AUTHORIZED
REPRESENTATIVE OR,PRODUCER,AND THE CERTIFICATE HOLDER.
,1 P11 It the certificate holder i ADDITIONAL INSURED, the P INS (Ne ) must he endorsed, If SUBROGATION 1S WAIVED,subject to
the terms and conditions of the policy,certain Policies may require are endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT
T
NAME:
PHONE �
The Sweeney Company 7)457-6700 TJuA1Cxx :� �7)457-7246
1121 E Loop 8' '0' South AE-MAIL
P 0 Box 8720 INSURERS AFFORDING COVERAGE NAIL
Fort Worth TX 76124-0720 INSURER A.Colon Insurance Co urns&Wi,l
INSURED
INSURER B;Amer ca 1St Lloyds :Ins Co,
Independent Utility Construction, Inc. INSURER c-Associated Intl... Ins Co (Burns)
5109 Sun Valley Drive INSURER D:Texas Mutual Insurance C o
INSURER E
Fort Worth TX 76119 INSURER F'
COVERAGES GES CERTIFICATE NUMBER: REVISION NUMBER:
ER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE, POLICY PERIOD
OF
INDICATED. NOTWITHSTANDING 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,LIMITS SHOWN MAY HAVE BEEN REDUCED BY,PAID CLAIMS.
INSR ADDL POLICY EFF POLICY EXP LII�IIIl�S
LTR TYPE OF INSURANCE POLICY NUMBER I�II'�IJDD MI�ItI D1
L GENERAL LIABILITY
EACH OCCURRENCE 1 D C)C),C)D D
DAMAGE T5 RENT C C)
X COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence �
A :1 /1/20.3 /1/ 014 ( )
CLAIMS-MADE Y C7C�CL1R L9C�I039R3 MED EXP one
ern 51000
I
X -CONTRACTUAL PERSONAL&AD "INJURY $ 1,C)10 0 r 0010
xcu GENERAL AGGREGATE $ 2,C 001 C)DC
GENT...AGGREGATE LIMIT APPLIES PER, PRODUCTS-COMP/OP AGG $ 2,0 0,0 D C
POLICY � I�"R . LCD
fl COMBINED SINGLE LIMIT
�% AUTOMOBILE LIABILITY E accident 1100,01000
ANY AUTCI
I BODILY INJURY(Per Peres)
ALL OWNED, SCHEDULED
AUTOS AUTOS
A 8783318 5/1,/2013 / / D14 BODILY INJURY(Per accident)
NON-OWNED PROPERTY TY C AMAGE
V, HIRED AUTOS AUTOS Peer accident)
Uninsured motorist combined $
X UMBRELLA ELLA LICA�I V OCCUR EACH OCC R ENCE 2 1 V 0 r 0 D D
C EXCESS LIAEI CLAIMS-MAD,E AGGREGATE $ 2,D'01 D,D 0 B
x 10,0 W4451915 /1/2013 "�. 1 4 $
; DED RETENTION"
D WORKERS COMPENSATION x. STATU- OTH-
AND EMPLOYERS'S'LIABILITY _......�..6� I
ANY PROPRIETOR/PAI 'NERIEXEDUTIWE Y t I�l E.L,EACH ACCIDENT t I
OFFICER/MEMBER EXCLUDED? NIA 10/31/2013110/31/2014
y (Mandatory In NH) SI�"_aD D7��'�Cti� E.L,DISEASE-EA EMPLOYEE $ 1 001000
'....N sn describe under
E.L.DISEASE-POLICY LIMIT DSC IPTI N OF OPERATIONS el 11,0001000
l�r
DESCRIPTION OF OPERATIONS 1 LOCATIONS/VEHICLES (Attach ACC FD 101,Additional Remarks Schedule,if sre space Is re ui�red)
ON-CALL STREET LIGHT CONTRACTOR, TPW PROJECT # TP'-TM-2C)13-01 - S'T'REET LIGHT' ON-GALL CONTRACT 01. ALL
POLICIES INCLUDE A BLANKET AUTOMATIC WAIVER R OF SUBROGATION ENDORSEMENT & THE GL, AUTO, Cg UMB POLICIES
))
INCLUDE ,A BLANEET AUTOMATIC ADDITIONAL INSURED ENDORSEMENT PROVIDING ADDITIONAL INSURED & WAIVER OF'
SUBROGATION STATUS TO THE CERTIFICATE HOLDER WHEN THERE IS A WRITTEN CONTRACT BETWEEN THE NAMED INSURED,
THE CERTIFICATE HOLDER THAT REQUIRES SUCH STATUS., THE CAL ADDITIONAL INSURED ENDORSEMENT CONTAINS SPECIAL
PRIMARY & NONCONTRIBUTORY WORDING.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED,FOLIC IES BE CANCELLED BElFORE
Pr THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
i
ACCORDANCE WITH THE POLICY PROVISIONS.
CITY OF FORT WORTH
THROCKIAORTON ST
�""'�"R�' WORTH, '�X 76,102 AUTHORIZED REPRESENTATIVE
Kyle Sweeney/JOYCE
YCE
AC C RD � CI ICI~ 1988-2010 ACOR CORPORATION. All rights reser ed.
INS025 onion.sii ni Thn llr+f°"Ipn n:kma qnr$Innn mra ranicta rori mz3rLf c of &rr)pn