HomeMy WebLinkAboutContract 45380 "Al
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uty or o rt Worth Texas
O%k N I J"k
Ma'Yor and ci o munication,
COUNCIL ACTION. Approved on 1/114/2014 - rd' nc o,s. 21,100-101-2014 & 21101-01-
2014
DATE: Tuesday, January 14, 2014 REFERENCE NO.,.- C-26644
LOG NAME: 6009WSMJ-WOODY
SUBJECT:
Authorize Execution of a Contract with Woody Contractors, Inc., in the Amount of$1,011,464.25 for Water
and, Sanitary Sewer Replacement Contract 2009, WSM-J, on Meadlowbroolk Drive and Sycamore 'Terrace,
Provide for Project, Costs and Contingencies for a Project Total in the Amount of$1,087,464.25 and Adopt
Appropriation Ordinances (COUNCIL DISTRICT 8)
RECOMMENDATION:
It is recommended that the City Council*
1. Authorize the transfer of$11,087,464.25 from the Water and Sewer Operating Fund to the Water
Capital Projects Fund in the amount of$846,399.25 and Sewer Capital Projects Fund in the amount
of$24,1,065.00,
2. Adopt the attached appropriation ordinances increasing estimated receipts and appropriations, in the
Water Capital Projects Fund in the amount of'$846,3�99.25 and the Sewer Capital Projects Fund in, the
amount of$241,0615.00 from available funds; and
3. Authorize the execution of a contract with Woody Contractors, Inc., in the amount of$1,011,4 4.25 for
water and sanitary sewer replacement Contract 2 9, WSM-J-
DISC USSION:
On August 2, 20111 (M&C C-25086) the City, Council authorized an Engineering, Agreement with MWH
Americas, Inc., for preparation of plans and specifications for Water and Sanitary Sewer Replacement
Contract 2009, WSM-J.
This Mayor and Council Communication is to authorize a construction, contract for the water an or sewer
main replacernent, as indicated,1 on Meadowbrook Drive (Beach Street to Tandy Avenue) and Sycamore
Terrace (East Vickery Boulevard to Dead End).
The project was advertised for bid on October 17, 2013, and October 241 2013 in the Fort Worth Star-
Telegram. On November 7, 2013, the following bids, were received:
T"Ime of
Bidder Amount
Completion ww.
$1
Inc. 1 0111 464.251 210 Calendar Days,
W000y qontractors,
BuildersY I'nc.mmer Construction $110801090- 0Cocial ILL
, P, '$ 198.75 ,
1114311
1-,ogname-, 6009WSMJ-WOODY Page lof3
...........
qftnw",rc
Atkins Brothers Equipment, Company, 11145119,51-00
Inc.
�R & D Burns, Brothers, Inc. 1$11 7 2 0410 7 7.5 0
......................
Buirnsco Construction, Inc. $1 265 7731.510
'Muniz Construction, Inc.
iaCKSon Construction, Ltd !$1)131461030-00
William J. Schultz, d Circle "C" 7 7182.50
,Constructioln Co!12p y, ,Inc.
P Lex Construction, In,, $1114 521214 5.,5 0
INorth 'Texas Construction, I:nc. $1J4947320.00
In addition to the contract cost, $41 000.00 (water,- $25,000.00,1 sewer.: $16,000.00,) is, required for
construction stalking, inspection and material testing and $35,000.00 (water- $24,000.,00, sewer-
$111 000.0,0) is provided for project contingencies.
M/WBE, Office - Woody Contractors, Inc.,l is in compliance with the City's, BDE Ordinance by committing to
10 percent M,B,E participation on this project. The City's MBE goal on this project is eight pert .
'The project is located in COUNCIL DISTRICT 8, Miapsco 78E,, '78F and 78G.
F'ISCAL INFORMATION /CERTIFICATI.ON:
The Financial Manage Siervices Director certifies that upon approval of the above recommendations
and adoption of the attached appropriation ordinances, funds will be available in the current capital
bludget, as appropriated,, of the Sewer Capital Projects F'uind and Water Capital Projects, Fund.
...............
FUND CENTERS:
TO Fun d"Arc oulnt/Clemars FROM F'und/Arc ount/Center�s
1&2)_P253 476045, 61081701473ZZ $84613991.25 1) PE45 538040 0609020 4 399.2'5
1&2),P258 476045 7081701473ZZ $2413 65.00 1) PE 5 538040, 07090120 1241 X00
2) P'253 531350 608170147352 $5,000,00 3) P253 541200 6081701473 3 �7,,399.25
2) P,253 511010 608170147380 $4,0010M 3) L258 541200 708,170147383 X65,00
2) P'253 541200 608170147383 $821,399.25
2) P253 5312010 6081170147384 �4_10001.00
2) P253, 5313 60,8170147384 12 0 01.0 0
2) P253, 531350 608170147385 $101,0001-00
P258 53135O 708170147352 $3,0 ,,00
P2581 511010 708170147380 U.L�0.00
2) P2518 5412,00 708170147383 $L25:065.00
2) P258 531200 708170147384 21000.00
Q P258 531350 708170147384 $2JOOMO
2), P258, 531 X510 708 7014738
.............. ................
CERT)F)CA,TIONS:
Submitted for CitV Manager's Office Fernando Costa (6 122)
Page 2 of'3
-WOODY
Lop 6009WSMJ
Originating Qep,artment Head;,. S Frank Crumb (8207)
Additional Information Contact: Roberto C. Sau�ceda, (2387)
ATTACHMENTS
1. 60 09WSMJ-WO:OD�Y P253 AOdo!cx (Pi jb�lic)
2. 6009WSMJ-WOODYP258AI,Rev l.02.,11).docx (Public)
3. 6009WSMJ-WOODY COMPLIANCE (CFW Internal)
4. 6009WSMJ-WOODY MAP 01.,pdf (Pub�l,ic)
5. 6 9WSMJ-WOODY MAP 02.pdf (Public)
6. AVAILABLE FUNDS 12232013b�.docx (CFW Internal)
7. FAR-00003 CI #01473 P,253 (CFW Internal)
8. FA CIS'01473 P258.pdf (CFA'"Internal)
Page 3 of 3
Lognaine: 6009WSM3-W'OODY
I%q
CITY OF FORT T , TEXAS
r WATER, DEPARTMENT
r
J�4 , ADDENDUM NO. 1
i
to h. "
r-,ans, Specifications & Contract Documents for
ff
Water and Sanitary Sewer Replacement Contract 2009, WSM-J�
City Project Flo. 01473
l'
Sanitary Sower Improvements Project, loo. — P258-708170147383
Water Improvement Project No. P253-608170147383
1
Bid Date November 7, x"01 1:3O P.M. CST
�r
Addendum No. 1. Issued November 5 2013
,;
r
This Addendum forms part of the Plans Specifications and Contract Documents for the
above rofo�ro ucod Project and modifies es the original I S ooifloations and Contract
currents. Bidder shall acknowledge receipt of this addendum ire the spy° ce rovided
�r
Ir below, in the proposal (Proposal Signature 'ace and acknowledge e receipt on the outer
envelope of your did. Failure to acknowledge receipt of this addendum could subject the
bidder to disqualification.
r
The Plans, Spooifications, and Contract Documents are hereby re risedi by Addendum 1
as follows:
SPECIFICATION AND CONTRACT DOCUMENTS
V
1. Soto 11 13 -- INVITATION To BIDDERS:
ERR:
�t
CIarlfioatuon
The Bid date for this project is November L 2013 as documented in Specifications.
r.
The City Master lid' opening 3-Month Report incorrectly lists the bid date as
November 14, 2013.
2 6 Sol* n 00 41 BID FORM
Remove the foillowi'ng section from the project Manual and replace with the attached.
Fill/ The changes are as follows:
4. Ti o of Completion
4.1 The work will be complete for Final Acceptance within 210, days after the date
f when the, Contract Time commences to run as prolvideld in Paragraph 2.03 of the
General Conditions.
Addendum rho.I
Page 1 or 3
rf„
l
7. Bid Submittal
This Bid is ,submitted on November 7 2013 by the entity named below.
3. Section 00 42 43— PROPOSAL FOiRMI
Remove the following section from the Project Manual and re dace with the attached.
The following bid items have been added or adjusted.
Unit —Sanlita,ry Sewer lMrovements,--P258-708170147383
No. 1-16 3471.0001,1 Specification Section 34 71 13, Traffic Control shall be
JI adjusted to a quantity of 7,1 per
No. 1-1 34 "1.0002, Specification Section 34 71 13, Portable Message Sign shall
For
be ad, usted to a quantity of 30, per, K.
I%
No. 1-1 0241.2001, Specification Section 02, 41 14, Sanitary Line Grouting shall be
added with the quantity of 3, per CY
f
No. 1-19 3339.0003, Specification Section 33 39 40, 'Wastewater Access Chamber
shell be added with the quantity of 1, per E
r
r t - Water Liao Improvements —P253-608'1 70114383
No. 2-19: 34 "1.0001, Specification Section 34 71 13, Traffic Con-trol shall be
adjusted to a quantity of 7, per MO,.
; 471.0002, Specification Section 34 71 13, Portable Message Sign shall
be adjusted to ,a quantity of 30, per WK.
loo. Specification Section 024114, Water Dine Grouting shall be
�- 1 041�1 1,
t added with the quantity of' 14, per CY.
No. 2-22 3311.0161, Specification Section 33 11 12, " PVC Water Pipe shall be
added with the quantity of 80, per L .
No. 2-23.: 3305 0003, Specification Section 33 o5 121 " Water Line Lowering shall
1 be added with the quantity, of 3, per EA.
Igo. 2-24 3304.0101, Specification Section 33 04, 30 Temporary Water ,services
spa shall be added with the quantity of 1, b .
J
Ciariioai
1. Removal and Replacement of street buttons on Meadowbrook Drina (as needed
is subsidiary to the pavement repair on l" e dowbrook Drive.
Addendum No.
Page 2 of 3
IF
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�t
111
4. Section 00 52 43—AGREEMENT
!"F Remove the following section from the Project,Manual arid, replace with the attached..
The changes are as follows:
s:
Article 3. C'ON'TRACT TIME
1
3.2 Final Acceptance
The: Wok will be cornplete, for Final Acceptance wifbin 210 days after the date
where the Contract Tim commences to run as provided in Paragraph 2.03 of the,
General Conditions,
CONSTRUCTION PLANS
I. Water tine sheets (Sheets,7
Revise i� Cloud cal lout r n reference, t " + dment". For titer
pipeline embedment, please refer to Specification Section 33 05 10, 3* D-1-
signed copy of the Addendum should be included inn the wale bid envelope at the
time of the bid submittal. Panora to cknowledge the receipt of this Addendum could,
use the subject bidder to considered "NONRESPONSIVE",, resulting in
disqualification.
RECEIPT ACKNOWLEDGEMENT.
l
S. Frank Crumb P.E.
Director, Water Depaftment
Co!mpanys. 6C44-ol
Title: Engineer Manager
f
En ner
r d sll f " ,
Supervising Engineer
04 ��
�
lat!" P. RANDY L.BUSH
WAL
46 90882
04 � t
Addendum No.*1
S d L3 e 3 o f 3
I
j
0015243-1
Agreement
Page 1 of 4
SECTION 00 52 43
1
3
°"
THIS AGREEMENT, uthcaruzed can Jann,a 14 + + between the of Fort
worth, a Texas home rule rnunze palit , acting by and through its duly authorized City Manager,
("City"), and Woody Contactors Inc. , authorized to do business in Texas acting.
its,duly authorized representative, "Contractor").
City and Contractor, in consideration of the utu, l covenants, hereinafter set forth, agree as
r
9 follows..
1 0 Article 1. WOO
Contractor r shall complete all Work as specified or indicated in the Conti-act Documents for the
12 PrqJect identifie d herein.
13 Arfiele 2 PRO,.1ECT
14 The project for which the Work under the Contract Doeuni.ents may he the whole or only a part is
15 generally described as follows:
f
16 Water and Sanitary Sewer Replacement Contract 2009 WSM-J
17 City Proiect Number+ 1473; DOE No. 6670
18 Article 3. CONTRACT TIME
19 3.1. Time is of the essence.
Jf All time limits for Milestones if zany, an ! Final Accept nice s stated in the Contract
21 Documents are of the essence to this Contract.
1,
22 3.2 Final Acceptance.
23 The Work will he complete for final Acceptance within 210, days after the date when the
Contract Time commences,to run as provided in Paragraph 2.03 of the General Conditions,.
25 3.3 Liquidated ted damages
26 Contractor recognizes, that time is of the essence of this Agreement and that City will
suffer f nano ial less if the Wort is not completed within the times specified in l �.ra raph.
28, 3.2 .hove, plus any extension thereof allowed in accordance with Article 12 of the
29 General Conditions. The Contractor also recognizes the delays, expense and difficulties
30 involved in praying in a legal proceeding the actual loss s y City Work
offered h the �i � the
31 is not completed on time. Accordingly, instead of requiring any such proof, Contractor
32 agrees that as liquidated damages fer, delay (hut not as a penalty), Contractor shill pay
3 City Six Hundred and Fiffty Dollars ($650.00) for each day that expires after the time
3 specified in paragraph 3. for Final �Aeeeptanee �,n.til the Cif issues the F n .l Letter of
Acceptance.
r,,
r
CITE"OF FORT WORTH Water and Sanitary SewerReplac-ement Contract 2009,WSM
STANDARD,I ARD CONSTRU TION SPECIFICATION DOCUMENTS DTS City Project No.0 1473
Revised December 20,201
00512432
Agreement
IJ,
Page 2 of 4
1 Article . CONTRACT C
City agrees to pay Contractor for performance of the work in accordance with the Contract
J
Documents an amount in current funds of One Million Eleven Thousand, Four Hundred Si"
4 four and 25/100 Dollars ($ 1,011*4 .25 6
Article 5. CONTRACT DOCUMENTS
r
6 5.1 CONTENTS:
7 A. The Contract Documents which comprise the entire agreement between City and
f,
Contractor concerning the Work consist of the following.
9 1. "his Agreement.
If 1 Oi 2. .Attachments to this Agreement:
11 a. Bid Fora
12 l) Proposal Form
t
13 2 vendor Compliance to State Law Non-Resident bidder
l
14 Pre ua,l ification St atement
1.5 4) State and Federal ocu]me is ro specific)
16 b. Current Prevailing Wage late Table
f
17 c. Insurance ACRD Form(s)
18 d. Payment Bond
19 e. Performance Bond.
20 f. Maintenance Bond.
21 g. power of Attorney for the Bonds
22 11. worker's Compensati on Affidavit
23 i MWBE Commitment Form
24 3. General Conditions.
25 4. Supplementary Conditions.
26 5. Specifications specifically made ,a part of the Contract Doc rrnents by attachment
27 or,, if not attached, as incorporated by reference and described in the Table of
Contents of the Project's Contract,Documents.
.
29 ... Drawings
ua
30 7.. Addenda.
r
3 . Documentation submitted by Contractor prior to Notice of Award .
32 9. The following which may be delivered or issued after the Effective Date of the
33 Agreement and, if issued, become an incorporated part of the Contract ocurnent :
r 34 a. Notice to Proceed.
5 b. Field Orders.
36 c. Change Orders..
I 11111F 37 d. fetter of Final. Acceptance.
38
39
Fill
CITE"OF FORT +O TI-1 Water and Sani,tafy Sewer Replacement Contract 2009,WSM—
STANDARD ARD CON TRUCTIO PECIFI+ TION DOCUMENTS City Project No,01473
Revised December 20,2012
r
�)���J,!
0 ,52 4 -3
Agreement.
Page 3of4
I Article 6.INDEMNIFICATION
2 .2 Contractor covenants, and agrees, to indemnify, hold harmless and defend,;f expense, 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 work and services to be performed
5 by co ntracto r', "Its officers, agents, employees, subcontractors, licenses or lnvltccs
under this contract. This indemnification provision is specifically inte nded to o erate
7 and be effective even if it is al S ed or proven that all or so�uruue of the damages being,,
sought were caused in whole or i"..part,,b any act omission or nc li enc+e of the c
"his indemnity provision is lnt+ended to include without limitation, indemnity for
1
costs,expenses and legal fees incurred by the city in defending against such claims and
I 1 causes of act-ions.
12
13 6.2 Contractor covenants and agrees to, lndemnify and hold harmless, at its own expense,
1.4 the city,its officers,servants and employees, from and against any and all loss,damage
15 or destruction of property of the city, arising o ut of,or alleged to urine out of the work�
16 and services to be performed by the contractor, Its officers, ;"agents, employees,
17 subcontractors, licensees or lnvite�es sunder this contract. This, i:nd'�emnuificationr.
1. provision %s s �ecificall 0ntenuded to operate and be effective even if it is alleged or
19 proven that all or some of the damages being sought were caused 'in whole or in pa
20 by an act o nisslon or nuc li pence of the+el
!' 21.
Article 7. MISCELLANEOUS
7.1 Terms.
�r 4 Terms used in this Agreement which are defined in Article l of the General Conditions will
have the meanings indicated in the General Conditions..
7.2 Assignment of Contract.
f
27 This Agreement,, including all of the Contract Documents may not be assigned by the
8 Contractor without the advanced express written consent of the City..
29 7.31 Successors and Assigns.
}
30 City and Contractor e ach binds itself, its partners successors assigns and legal.
1 representatives, to the other party
hereto, in respect to all covenants, agreements and
obligations contained in the Contract Docunnents.
f 7'.4 Severability.
34 Any provision or part of the Contract Documents held to be unconstitutional, void or
35 unenforceable by a court of competent ,Jurisdiction shall be deemed strict en and all
remaining provisions shall continue to be valid and binding upon CITY and
7 CONTRACTOR.
f,.
s 7.5 Governing Law and Venue.
This Agreement', including all of the Contract Documents is perfbn-nable in the State of
40 Texas. Venue shall be Tarrant County Texas, or the United States :District Court for the
Northern District of Texas, Fort worth Division.
IT "CAF FORT WORTH Water and sanitary Sewer Replacement Contract 2009,WSM-.
STANDARD CONSTRUCTION sPEC'I [C TI N DOCUMENTS City Project ado.0 1
Revised December 20,2012
r
005243-4
Agreement
Page
1 7.6 Other Provis,ions.
2 for all labor as the same is
classified, promulgated and set Out by the City, a copy of which is attached hereto and
made a part hereof'the same ifit were copied verbatim herein.
I� 5 7.7 ALIthority to Sign.
Contractor scull attach evidence of authority to sign Agreement, if offer than dUly
l
authorized signatory of the Contractor.
9 IN 7 ASS . E . OF17 City and Contractor have executed this Agreement *in multiple
y
10 Counterparts,.
1,
2 This agreement: is effective as of the last date signed by the Parties ("Effective Date").
Con or: City of Fort Worth
Fernando Costa
o�
" Assistant City Manager
.Ie� ��-1100,""(§ig
Date
----Iljt V h)'91 0 P,V Attest:
-rc, J,
rite � ) a � se
ecretary
(Seal) I -- -1 0
i
Address: 4'51�Iozdg�b v
M&
Cit Sta e Z`i . A rove s o and Legal*
ALMM:il�;ff IF OW Y.4/,b 4t, Vy\�, LA� Vk VVV
Date tche le - K-retz
i
Assistant City t o e
5
APPROVAL RECOMMENDED:
20 Si. Frank Crumb, P.E.
ECG
2 Water,Department.
a
23,
OFFICIAL RECORD,
C,rty SOCR11TARY
r
CITY OF FORT WOR"I'll ` `"titer and S an ita se �t 2 091 WSM-J
STANDARD CONSTRIXTION SPECIFICATION DOCIJ MENTS No.01 1473
�Frl Revised December 20,2012
G
f
I,
l
lsyx
0061 I
PERFORMANCE BOND
Page I of 2.
llf Bend e�. 8219-016-12
1
SECTION 1 13,
2 PERFORMANCE BOND,
3
4 THE STATE OF TEXAS
5 § KNOW ALL BY THESE PRESENTS:
COUNTY OF TARRANT
r
7
That we,, Wogdy Contractors Inc. known n as "Principal" herein and
s%
Vi lant Insurance Company , a.corporate surety(sureties, if more than cane)
10 duly authorized to do business in the State oaf'Texas, known as "Surety," herein (whether one or
11 ore), are held and firmly hound unto the City of Fort Forth, a MUnisipal corporation created
12 pursuant to the laws of Texas, known as"City" herein, in the penal. sung of One Million Eleven.
13 Thousand., our Hundred Sixt pour Dollars and Twen Fig
e Cents($11011464.25) law " 1.
14 money of the United States, to he paid in Fort Worth,Tarrant County, Texas for the payment of
15 which sung well and truly to he made, we hind ourselves,our he s, executors, administrators,
16 successors and assigns,Jointly and severally, firmly by these presents.
f
1.7 WHEREAS,the Principal has entered into a certain written contract with the City
18 awarded the 14" day of Janu,aU 20 1144 , which Contract is hereby referred to are
19 made a part hereof for all purposes as if f`illy set forth herein, to furnish all Materials, equipment
20 labor and other accessories defined by law, in the prosecution of the Word, including any Change
rK
21 Orders, as provided for in said Contract designated as Water and Sanitary Sewer Ke lacement
22 Contract 2009 S J C1tv Project No. 0 1473.
23 NOW THEREFORE,the condition of this ohli a.tion is such that if the said Principal
24 shall faithfully perform it obligations under the Contract and shall in all. respects duly and
rf 25 faithfully perform the Word., including Change 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 mad he granted on the part of the City, then this obligation shall he
28 and become null and void otherwise to remain in full force and effect.
29 PROVIDED FURTHER,that if any legal action he filed on this Bond, venue shall lie in
�7 30 Tarrant County, Texas or the United States District Court for the Northern .district of Texas, Fort
31 Worth Division.
CITY FORT WORTH Water and Sanitary sewer Replacement Contract 2009 W M—J
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 1TS City ProJect No.01,473
J/,, Revised July 1,2011
l 0113-
PERFORMANCE 1.MA BOND
Pagan 2 of
Bond No. 8219-06-12
/Orr"
1 'I"his bond is made and executed in compliance with the provisions of Chapter 2253 of the
2 Texas Government Code, as amen edl and all liabilities on this bond shall be determined in
accordance with the provisions of said statue.
4 IN WITNESS WHEREOF,the Principal and the Surety have SIGNED and SEALED
5 this instrument by my authorized agents and officers on this the—14"' day,of JanuaQy, 20 14.
P CtPL :
WOODY CON'.t% ..ACT tk INC.
'
10 BY-
.t t U r
/0100�
a
r,
14 Troy President
15
/7n--...� ipal Secretary ���� Name and Title
f
1
t
17 Address: 650 Tower Drive
18 Ken.ne+ ale Texas 76060
9 ,
2 �
21 Witness as to Prig ci at
22 Y.-
U
VIGILANT[NSURA CE COMPANY
24
25
Pomp 26 BY..
",
9 K 1e W. Sweeney, Attorne in- `act
1
o Name and Title
l
31
32 Address: Zoo t an Street Brute 3400
� Dallas Texas 75201
,f
1 . 34
C�'r
W r Telephone n er: 214-754-0777
forp 36 Eliza et r
f
7
Iff 8
39
0 *dote: f �� � � officer o�the �ar� o�Company, there must b� n file extract
41 from the by-laws showing that this person his authority to sign such obligation. .1
42 Surety's physical address is different from its mailing ad'd'ress, both must e provi ed.
43
The date the bind shall not 1 0 prior to the date the Contract i a.w `ar ed..
f .
CITY OF FORT WORTH Water and Sanitary Sewer Replacement Contract 2009 WSM-J
STANDARD CONS I RUC 1 ION SPECIFIC ATION DOCUMENTS Project No.0 1473
Revised July 1,2011
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00 I 1 - I
PAYMENT BOND
D,; Page I of 2
I
Bond o. 8219-06-12
i SECTION 00 61 t4
2 PAYMENT BOND
3
THE STATE OF TEXT.
5 § KNOW ALL BY THESE PRESENTS,
61 COUNTY OF TARRANT §
)ll
7
Pop
f
That we, Wood Contractors Inc. known as "Principal"
herein, and y i i ant Insurance Com i � a corporate surety (sureties),
10 drily authorized to do business in the State of Texas, known, as "Surety" I erein whether one or
11 more),, are held and firmly bound unto the City of Fort Worth, a municipal corporation created
12 pursuant to the laws of the State of Texas, known as City" herein, in the penal sum of One
r
13 Million eleven Thousand, Four Hundred Sixty-Four Dollars and Twenty-Five Cents
14 001 1,4 .25), lawful money of the United States, to be paid in Fort Worth, Tarrant County,
15 Texas for the payment of which surn well and truly be made we bind Ourselves, our heirs
16 executors, administrators, successors and assigns,jointly and severally, firmly by these presents.
17 WHEREAS, Principal has entered into a certain written Contract with City, awarded
18 the 14 day of Ja.nua , 20 14 , which Contract is hereby r-ef erred to and made
19 a part hereof for all a oses as if fully set fo=rth herein, to furnish all materials, equipment,ent, labor
p �
20 and other ,accessories as defined by law, in the prosecution of tile Work as provided for in said
1 Contact and designated as Water and Sanitar Sewer Replacement Contract 2009 WSM_J City
fre R f
22 Project NO. 01473.
f%.
23 NOW, THEREFORE., THE CONDITION F TFUS OBLfGATION is such that if
4 Principal shill pay all monies owing to any (and all) payment band beneficiary as defined in
5 Chapter 22531 of the Texas Government Code, as amended) in the prosecution of the Work tinder
the Contract, then this obligation shall be and become null and void; otherwise to remain ire full
27 force and effect.
r This bond is made and executed in corplirlee with the provisions of Chapter 2253 of the
off
Texas Government Code, as amended, and all liabilities on this bond shall be determined in
30 accordance with the provisions of said statute.
31
1
CST "CAF FORT W01RTH Water and Sanitary serer Replacement Contract 2009 WS -J
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.D 1473
1111p, Revised July 1,2 I 1
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061 1
PAYMENTBOND
Page 2 of 2
Blond N . 8219-06-1 2
ii rr IN WITN"ESSl WHEREOF, the Principal and Surety have each SIGNED and SEALED
2 this instrument by dully authorized agents, and officers this the th day of JanUa
3
IV
PIUNCIPAL:
ATTEST: BY:
uµ
v
Sign ure
Troy Woody, `resident
J
(Principal.) Secretary Name and Title
Address.- 650 Tower,Drive
Kennedale, Texas 76060
bless aas to Pr ' l
P
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VIGILANT-INSURANCE COMPANY
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Kyle W. Sweeqey, Attorney-in-Fact
(Surety) Secretary Name and Title
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Address-. 2001 Bi ai �tre�t S tale 31400
Dallas Texas 7520
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Witness Ys to Suety Eliza et l Gray
Telephone Number: 2 -754-0777
4
5 Note. is*gned b a officer of the Surety, tears tilt t
. s showing that this person has authority to sigh stich obligation. If ttrlety s physical
dress is different from its mailing address, both 111ustbe provided.
8
The date off"the blond s alt not be prior to the date the Contract is awarded.
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CITY OF RT WORTH Water and Sanitary Sewer Replacenient Contract 2009 WSM-J
s'rANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City ProJect No.0 1473
Revised Jul"1,2l 1
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0061 19- I
MAIN'"YENANCE BOND
Page I of
J Bond No. 8219-06-12
SECTION 00 61 19
t 2 M A INTEXANC BOND
3
4 THE STATE OF TEXAS
5 OW ALL THESE 'RESENTS:
COUNTY OF TA NT
7
8 That we Woody Contractors 1ne. � known as "Principal"
9 herein and Vigilant Insurance Cony .an , a corporate Surety
as
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10 sureties, if more than one)duly authorized to do business in the State of Texas, known
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H "Surety" herein (whether one or more), are field and firmly bound unto the City of Fort Worth,a
12 municipal corporation created purSUant to the laws of the State of Texas
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la own as"City"' herein,
13 in the sung of One Million Eleven Th.ou.sand our l lundred Sixty-Four Dollars Arad T'wen�
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14 Cents I l 1 4 4. lawful money of the United States,to be paid in Fort Worth, `farrant
15 County,Texas, for payment of which sum well and truly be made unto the City and its
f 16 successors we bind ourselves our errs executors administrators successors and assigns, w
Il �' } ,jointly
17 and severally, firmly by these presents.
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19 WHEREAS,the :principal has entered into a certain written contract with the City awarded
20 the 14th day of Janua 20 14 which Contract is hereby referred t o and a
21 made part hereof for all purposes as if fully set forth herein,to furnish all materials, equipment
22 labor and other accessories as defined by laws, in the prosecution of the Work, including any
23 Work resulting "rem a duly authorized Change Order collectively herein, the"Work")as
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provided fdr in said contract and designated as mater and Sanita �Sewer Replacement contract
25 20:09 WSM-J,WS-J, Clt y Project Now 01473, and
6
WHEREAS, principal binds itself to use such materials and to so construct the Wort in
accordance with the plans, specifications and Contract Documents that the Work is and will
29 re main free from defects in materials or workmanship for and during the period of two 2 years,
0 after the date of Final Acceptance of the Work by the City "Maintenance Period")- and
IF/
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WHTREAS,, Principal binds itself to repair or reconstruct the Work in whole or in part
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33 upon receiving notice from the City of the need thereof at any time within the Maintenance
34 Period.
CITE""OF L'OR'I WORni 'dater and sanitary serer Replacement ent Contract 2009 Ws -J
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS ENTS City Project No.01473
,, Revised Jully 1,20,11
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�IF
� 0061 19-2
MAINTENANCE TENANCE BOND
"age 2 of
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.bond No. 8219612
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NOW THEREFORE, condition I this obligation is Such that if Principal shall
remedy any defective Work, for which timely notice was provided by City, to a completion
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4 satisfactory to the City, then this obligation t on shall become null and voids remain otherwise to remn n
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5 full force and effect..
4; 6
7 PROVIDED, HOWEVER,VER, if Principal shall fail so to repair or reconstruct any tirnel.y
noticed defective Work, it is agreed that the City may cause any and all stich defective Work to
he repaired and/or reconstructed with all associated costs thereof being borne by the Principal and
10 the Surety tinder this Maintenance hand; and
12 PRO. ED FURTHER, that if any legal action he filed on this Bond, venue shall lie in
13 Tarrant County, Texas or the United States District Court for the Northern :District of Texas, Fort
4 Worth Division; and
15
16 PROVIDED FURTHER,t at this obligation shall be continuous in nature and
17' successive recoveries may he had hereon for successive breaches.
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CITY F FORT WORTH 'mater and Sanitary sewer Replacement Contract 2009 WSM-J
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No_01
Forp Devised,Maly 1,2011
p
0016119.3.
MAIN'TENANCE BOND
Page
Bond No. 8219-06-12
p 1 ]IN W TNESSI VMERIEO "", the Principal and the Surety have each SIGNED and SEALED this
2 instrument by duly authorized agents and officers on this the 1,01 day of Faun , 20 14 .
3
4 PRIN T A L
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5 WOODY CONTRACTORS, INC.
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9 S ire
� 1 , ATTE
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Troy Woody, President
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131 (Principal) Secretary
Name and Title
14
15 Address: 650 Tower Drive
FOR 16 Kenneda e Taus 760601
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19 1 ss as to Principal
'T 20 S1 VIGILAN*T INSURANCE COMPANY
22
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24 BYE
25 griatur�
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27 K le W. Sw eene Attome ire-Fact
2 ,ATTEST.... Name and Title
30 Address:200 1 an Street S uitc 3400
31 Surety. Secretary Dallas,Texas 75201
32
33
j 34 Witness to sued E i'abeth Gra Telephone Number: 214-754-0777
35
3 *Notre: If signed by an officer of the Surety Company, there must be on file a certified extract
37' from the by-laws showing that this person has authority to, sign such obligation. If
38 Surety's physical, address is different from its mailing address, both must be provided..
39 The date of the bound shall not be prior to the data the Contract is awarded.
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CITY OF FORT WORTI I Water and Sanitary r Replacement Contract 2009 WS -.
STANDARD
CONSTRUCTION CTION P:ECIFIC ATION DOCUMENTS ENT City Project No.0 1473
Revised July 1 2011
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Policyholder Information Notice
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IMPORTANT NOTICE AVISO IMPORTANTE
FEW
w information T obtain. or make a complaint: Para o ne or�macio' o para someter una
que j a:
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1 YOU may call C ube's toll-free, telephone number Usted puede flarnar al nu-*mero de to e'f no gratis.
for information r to made a complaint at de Chu 's �ara inf acid"n o pare someter a a.
q ue a al
1-800-36-CHUBB 1-8 ' 36-CHUBB
Y ou may contact the Texas Department of Pu le comuni arse con el Departa ento de.
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Insurance to obtain, Iof r ation on companies, Seguros de Texas para o teuer informacion acerca
coverages, rights or complaints at de compat las, c berturas, derechos o quejas a
1,
-800-252-34319 -800.252-3439
Y ou may write the Texas Department of Insurance Puede escri it al Departamento de Segluros de
Texas
P.,O., Box 149104 RO. Box 149104
Austin, TX 78714-9104 Austin, TX 78714-9104
FAX # 512 475-1771 FAX # 512 475 x:.771
1 1 Web: http.//www.tdi.state.tx.us w ttp'Iw W w.tci..'�,...state.tx.us
E-mail: Con rPro ad t i.s ate.txis.w u E-mail.- Consu e *hw+"'t V td+ ws w+.v6.F✓+w .0
PREMIUM CLAIM DISPUTES. D SPLIT S SOBRE PRIMAS 0 RECLAMOS.0
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Should y o have a Aww s p ute concertu*n g your p rerw.um Siw t s..ene un w s uta con w en.te a su prima
or about � �� � s� �l� � �t��t t � � � t first. r�e�����, � � � � ���s� � � � ��e t
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If the isput �'is not resolved, you may contact the S1 no se resueve 1a disputa, pee entonces
e e t f s an c unicarse c el. dap cement (TDI).
J, ATTACH THIS NOTICE TO YOUR POLICY: UNA ESTE AVI SO A SU P L ZA
l This notice Is for information only and does not Este aviso, es solo para pro Os t o de info e n y
become a part or condition f the attached no se convierte en pate o c n is del documento
,,, document. adj unto.
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Form 99-10-0299(Rev. 1-
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Chubb POWER Federal Insurance Company Attn: Surety Department OF Vigilant Insurance Company 15 Mountain View Road
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A RNE al 'f 'Indemnity Com lany Warren,, 07059
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Know A by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE
COMPANY, a New York corporation,
and PACIFIC INDEMNITY"LAITY COMPANY" a Wisconsin corporation,, do each hereby constltlite and
1 appoint Elizabeth Gray,, Charles . Sweeney, Kyle W.Sweeney and Michael A.Sweeney of Fort Worth,Texas�..�
each as their true and lawful Attorney-In-Fact to execute under such designation In their names and to affix their corporate seals to and deliver for and on their behalf as surety
thereon or otherwise,bonds and undertakings and other writings c�rgatory rr the nature bother than bail bonds)given r executed In the course dnif business,and any
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instruments amending or altering the ,acne,and consents to the modification dear alteration of any instrument referred to in said bonds or obligations.
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In Witness"thereof,said FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY have each executed and attested
these presents and affixed their corporate seals on this 26th day of April,20
OF
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ennet 1,A rstant ecre Ca k I.
.lNorrl's,Jr.,Vim President
STATE OF NEW JERSEY
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County of,Somerset ss.
On this 26th day of April,2011 before me,a Notary Public of New Jersdey personally came Kenneth C.Wendel,to me
known to to be Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY',and PACIFIC INDEMNITY COMPANY,the companies which
executed the foregoing Power of Attorney, and the said Kenneth C. Wendel, being by me duly sw,vom, did depose and say that he is Assistant Secretary of FEDERAL
INSURANCE COMPANY,VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knower the corporate seats thereof' that the seals affixed to the
foregoing Power of Attorney are such corporate snails and were thereto affixed by authority of the Ry-Laws of said Companies;and'that he sigined said Power of Attorney as
Assistant Secretary of said Companies by like authority;and that he is acquainted with David B.(Norris,Jr.,and knows him to be Vice President of said Companies;and that the
r signature of David B.Norris,Jr.,subscribed to said Power of Attorney�in thda genuine handvw itin i of David B.Norris Jr. and was thereto,sly i
y g g � subscribed by authority of said By
Laws and in deponent's presence.
Notarial Seal
KATHERINE J.ADELAAR
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NOTARY PIUSUC OF NEW JFkSF1
No.23116685
n July ,201 A Notary�,� Notary Public
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CERTIFICATION
Extract from the By-Laws of FEDERAL AL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY:
"Alt powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company,either by the Chairman or the
President or a Vice President or an Assistant"dice P°residdent,jointly with the Secretary or an Assistant Secretary, under their respective designations.The
signature of such officers may be engraved,printed'or lithographed.The signature of each of the following officers:Chairman,President,any Vice President,any
Assistant'dice President,any Secretary,any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attorney or to any
dwMert ficate relating thereto appointing Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and Undertakings and other
writings obligatory in the nature thereof,and any such power of attorney or certificate beaawri wg such facsimile signature or facsimile Seal shall be valid and binding
upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company
with respect,to any bond or undertaking to which it Is attached.n
I,.Kenneth C.Wendel,Assistant Secretary olf'FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY
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the"Companies" do hereby certify that
foregoing extract of the By-Laws of the Companies is true and correct,
(Ii) the Companies are duly licensed and authorized to transact surety business in all 501 of the United States of America and the District,of Columbia and are
aurthodzed by the U.S.Treasury Department;further,,Federal and Vigilant are licensed in Puerto Rico and the U.S.Virgin Islands,and Federal is licensed in
American Samoa,Guam.and each of the Provinces of Canada except Prince Edward Island;and
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(iii) the foregoing Power of Attorney is true,correct and in full force and effect.
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Given under my hand and seals of said Companies at Warren,NJ this ,Marl Vary 24,12014
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IN THE EVENT YOU WISH TO NOTIFY"US OF A CLAIM,VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER �
MATTER,PLEASE CONTACT US AT ADDRESS LISTED ABOVE,OR BY Telephone(908)903-3493 Fax 90 943-3656
e-rrrail: sure! @,chubb.00rnw
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Form 1,5-10-0225B-U (Ed.5-03) CO NSEN�T
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AC"Ra jaw&_ 0"Ih 011"1 1 1�_I DATE(MI IDD YY)
kox� uEK i iriCATE OF LIABILITY INSURANCE 1
11/11wv"
CERTIFICATE IS ISSUE MATTER OF INFORMATION ONLY AN C ONFERS NO RIGHTS UPON T HE CERTIFICATE HOLDER.,
THIS THIS
DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEN D, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIE S
S
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CER'TIFICAT'E HOLDER.,
IMPORTANT": It the certificate holder is an ADDITIONAL INSURED, the poll ey ies must he endorsed. If SLIBROGATION IS WAIVED,subject to
the terms and conditions of the policy,certain policies may require an endorsement. A statement Can this certificate does not confer rights to the
certificate holder in lieu of such endorsemeInt s"
PI CSI UCER CONTACT
ILIAME:.
The Sweeney Company PHONE 817)457-6700 IAI AX N4:(817)457-7246
E-MAIL
1121 E. Loop 82 South E-MAI_.
Box 8720 INSUI ER S AFFORDING COVERAG,E NAIC I
Fort Worth TX 124-0720 INSURER A:Continental Insurance Co
,,,,r INSURED
INSURER B:CC?ntinental Casual` C0
Wood Contractors Inc.
'' � INSURER
650 Tower Drive INSURER D:
INSURER E:
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r Kennec ale, TX 76060 INSURER F:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
`
INDICATED. NOTWITHSTANDING TAN DING ANY REQUIREMENT, TERM OR CONDITION N CAF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, B DESCRIBED HE «S
THE INSURANCE AFFORDED BY THE
POLICIES HEREIN IS ��B�IE!�T T� ALL THE. TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED,BY PAID CLAIMS,
ILT TYPE of INSURANCE R POLICY NUMBER M Dom ' tV� "MY'� I IMITS
LTR.
EACH ENC�E $ 1,000�+BBB
aEI�ERAL LIABILITY H C1C:UII
f IAMAOE TO RENTED
X COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence) BB 0,000
A CLAIMS-MADE OCCUR 2093042147 4/30/2013 4/30/2014 MED E P(Any one person) 51000
PER�C NAL&ADV INJURY 1, 001,0 B B
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AL AGGREGATE , �,BCIC��
GIEN°L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG 2,0 0 0 1 0 0 0
PC LIC PRO. LOC JECT COMBINED SINGLE LIMIT
AUTOMOBILE LIABILITY t 1 0 0 0 0 0 0
X AUTO BCL9ILY INJURY(Per person)
ANY .
ALL OWNED SCHEDULED 209304 11 4/30/2013 4/:0 2'014 BODILY INJURY(Per accident)
AUTOS
AUTOS
..........
NON-OWNED PROPERTY DAMAGE $
4
HIRED AUTOS AUTOS Per accident
UMBRELLA LIAR EACH OCCURRENCE 4 00 00
OCCUR
EXCESS II CLAIMS-MADE AGGREGATE "�f ��fl j o
� C10 209304213�I / ,� 4/ 0/2014
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En RETEN"ION.
B WORKERS COMPENSATION x
AND EMPLOYERS"LIABILITY YIN
ANY P"IL1IIII'=TT+U
R/PAT TNER]EXECt TIVE: N/A E.L.EACH ACCIDENT $ 11000,01010
OFFICERIMEMBER E CyLUI ED C 20,930,421,50 4/30/201: 4/30/2014 E.L.DISEASE-EA EMPLOYE $ 1 000,000
(Mandatory in NH)
It es,describe under
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ISC'PIPTIN OF OPERATIONS IeI E.L,DISEASE-POLICY LIMIT 1 t000l000
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DESCRIPTION E OPERATIONS I LOCATIONS I VEHICLES(Attach AC RD 101,Additional Remarks Schedule,It more space Is required)
CATER AND
SANITARY SEWER REPLACEE1,1ENT CONTRACT 2009 1 Sm-J, CITY PRC>JrECT NO. 01473.. ALL POLICIES INCLUDE
BLANKET AUTOMATIC WAIVER OF SUBROGATION ENDORSEMENT & THE GL, AUTO & UMB POLICIES INCLUDE A BLANKET
AUTOMATIC ADDITIONAL INSURED ENDORSEMENT PROVIDING ADDITIONAL
INS A SUBROGATION STATUS TC
IFFF
THE CERTIFICATE HOLDER ONLY WHEN THERE IS A WRITTEN CONTRACT BETWEEN THE NAMED INSURED & THE CERTIFICATE
HOLDER THAT REQUIRES SUCH STATUS. THE CL ADDITIONAL INSURED ENDORSEMENT CONTAINS SPECIAL PRIMARY
NONCONTRIBUTORY WORDING. THE POLICIES INCLUDE AN ENDORSEMENT PROVIDING 30 DAYS NOTICE OF CANCELLATION 10
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FOR NON-PAY OF PREMIUM) TO THE CERTIFICATE HOLDER.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
EXPIRATION:
DATE THEREOF, NOTICE
THE
WILL BE DELIVERED IN
j ACC ORDANCEWITH THE POLICY PROVISIONS.
CITY OF FORT WORTH
1000 T CCKKCRTON ST
�"'�" . "�,r '1"� �"��. � AU!TI-IC�RI�;EDI�,E'PRNi~SENTATIVE
Charles Sweeney/JOYCE
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ACOR D 2 I?"0 988-2010 ACCRD CORPORATION.TIC N�. All rights reserved.
1 IN S0 5 igoinnsi ni Thn A(,.("pn n;;ma Anrr1 Innn aria r+caa^r'ictarari mnriec of&r.npn