HomeMy WebLinkAboutContract 45482 CffysmW'ARYq)qvz.—
CONTRACT NO.
FORT WORTH
PROJECT MANUAL
FOR
THE CONSTRUCTION OF
T, Sanitary Sewer Rehab Contract 75, Part I
City Project No. 1480
DOE No. 6578
SRF No. P254-709170148083
Water Project No. P253-60917048083
Sewer Project No.P258-709170148083
Betsy Price Tom Higgins
Mayor Interim City Manager
S. Frank Crumb, P.E.
Director, Water Department
Douglas W. Wiersig, P.E.
Director, Transportation and Public Works Department
Prepared for
The City of Fort Worth
Water Department
2013
Lockwood,Andrews, & Newnam, Inc.
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NORWOOD
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RECEIVED APR 2014
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 3/412014 -Ordinance Nos, 21151-03-2014 and 21152-03--
2014
DATE: Tuesday, March 04, 2014 REFERENCE NO.: C-26702
LOG NAME: 60SS75P1-ARK
SUBJECT:
Authorize Execution of a Contract with Ark Contracting Services, L.L.C., in the Amount of $2,073,444.00 for
Sanitary Sewer Rehabilitation Contract 75, Part 1 on Devitt Street, Shaw Street. Cleburne Road, Sandage
Avenue and Benbrook Boulevard and Seven Alleyways, Provide for Project Costs and Contingencies for a
Project Total Cost in the Amount of $2,201,444.00 and Adopt Appropriation Ordinances (COUNCIL
DISTRICT 9)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the transfer in the amount of $286,246.00 from the Water and Sewer Operating
Fund in the amount of $176,246.00 to the Water Capital Projects fund and in the amount
of $110,000.00 to the Sewer Capital Projects Fund;
2. Adopt the attached appropriation ordinances increasing estimated receipts and appropriations
in the Water Capital Projects Fund in the amount of$176,246.00 and the Sewer Capital Projects
Fund in the amount of $110,000.00 from available funds; and
3. Authorize the execution of a contract with Ark Contracting Services, L.L.C., in the amount of
$2,073,444.00 for Sanitary Sewer Rehabilitation Contract 75, Part 1.
DISCUSSION:
On April 12, 2011, (M&C C-24858) the City Council authorized an Engineering Agreement with Lockwood,
Andrews & Newnam, Inc., to prepare plans and specifications for Sanitary Sewer Rehabilitation Contract
75.
This project consists of the replacement of the deteriorated sanitary sewer and water mains located on the
following streets and alleyways:
Street From To Sco e
Devitt Street Forest Park Boulevard Gordon Avenue Sewer
— — — --
Shaw Street_ Townsend— Drive Stanley Avenue Sewer
Cleburne_Road_ Devitt Street West Shaw Street Water/Sewer
—._ _.._. .._.. _......-_. _..._._ .._..... - -
'andage Avenue West Devitt Street West Bowie Street Sewer
Benbrook Boulevard McCart Avenue Cleburne Road Sewer
_
_. _. . ...
Ileyway between Wayside Orange Street est_ _Biddon_—is —Street_— __--Sewer-_.__.. ._.._.
venue and Frazier Avenue
Logna ne: 60SS75P I-ARK Page 1 of 3
,
Ileyway between Townsend Cleburne Road West Biddison Street �Sewer
Drive and Gordon Avenue
Ileyway between Gordon West Shaw Street ewer
venue and Livingston West Biddison Street
venue
Alleyway between Livingston West Devitt Street West Shaw Street Sewer
Avenue and Stanley Avenue
Alleyway between Stanley West Devitt Street West Biddison Street Sewer
Avenue and James Avenue
[v venue and Townsend Drive
Hey between Mission and ission Street 0 foot east Sewer
est Benwick
The project vveondwertioedfOrbidon0otoberiO. 2D13and [}otober17. 20i3. indh* Fort Worth Star
. ()n October 31. 2O13. the following bids were received:
14rk Construction Services, LLC 80 Calendar Days
Muniz Construction, Inc. $21205,87750
Conatser Construction TX, LIP __42,248,540.00
S.J. Louis Construction of Texas, Ltd $2:,5:99,059.06
Atkins Bros Equipment Co., Inc. 1$2,813,20400
Jackson Construction, LTD J$4,_688899.00
M/kVBE [ffi:e Ark Contracting Services, LLC.. iSin compliance with the City's BDE Ordinance hV
committing to13percent MBE participation on this project. The City's MBE goal oA this project ia13
percent.
Of the $2.073'444.00 being awarded, $1 .Q15.1QO.00is being funded with Water State Revolving Loan
funds. The balance amount of$158,246.00 to construct the project is being covered from the Water
Capital Projects Fund. |A addition, $62.OU0D0 (w/ator $10.8O0.80, nevver $S2.80000) iy required for
construction staking, project n08U8g8m*n[ mGteh8| teSting8ndinSpe(tiOD, 8Ad $66,000.00 (water:
$8.0U0.00; sewer $58.O0O.0O\ isprovided for project c0OtingenCieShnrotheVV@terCmDita| Projects Fund
and the Sewer Capital Projects Fund.
This project is located in COUNCIL DISTRICT 0' Mapsco78C and 78D.
CERTIFICATION:FISCAL INFORMATION I
The Financial Management Services Director certifies that funds are available in the current capital
budget, as appropriated, of the Clean Water SRF 2007 Series Fund and upon approval of the above
recommendations and adoption of the attached appropriation ordinances, funds will be available in the
current capital budgets, as appropriated, of the Water Capital Projects Fund and the Sewer Capital
Projects Fund.
CENTERS:FUND
TO Fund/Account/Centers FROM Fund/Account/Centers
1&2) P253 476045 609170148OZZ �6,246,DO �6,246.00
T,ugoou)e: 6ASS75Yl'/\l|K Page 2of}
1&2) P258 476045 709170148OZZ $110,000.00 1) PE45 538040 0709020 $110,000.00
2) P2.53 531350 609170148052 $2,00000 3) P254 541200 709170148083 $1,915 198,00
2) P253 511010 609170148080 $1,000.00 3) P253 541200 609170148083 $158,246,00
2) P253 541200 609170148083 $166,246.00
2) P256 531200 609170148084 $2,000,00
2) P256 531350 609170148084 $1,000,00
2) P253 531350 609170148085 $4,00000
2) P258 511010 709170148052 $6,000.00
2) P258 511010 709170148080 $5,000,00
2) P258 541200 709170148083 $58.000.00
2) P258 531200 709170148084 $6,000.00
2) P258 531350 709170148084 $5,000.00
2) P258 531350 709170148085 $30,000.00
CERTIFICATIONS:
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: S. Frank Crumb (8207)
Additional Information Contact: Roberto C. Sauceda (2387)
-...........
ATTACHMENTS
SS75PI-ARK P253 AO.docx (Public)
2. 60 SS75P1-ARKP258AO.docx (Public)
3. 60SS75PI-ARK COMPLIANCE.pd (CFWlnternal)
4. 66SS75P1-ARK MAP 01 Revised,pdf (Public)
5. 6OSS75P1-ARK MAP 02 Revised.pd (Public)
6. TAR-00011 CIP#01480 P254.pdf (CFWInterr4)
7, TAR-00013CIP#01480 P253.pd (CFWInternal)
8. TAR-00014CIP#01480 P258.pd (CFWlnternal)
9. PIE45-538040-0609020.clocx (CFVVInternal)
10, PIE45-538040-0709020.docx (CFW Internal)
Logname: 60SS75P]-ARK Page 3 (,)1'3
CITY OF FORT WORTH WATER DEPARTMENT
ADDENDUM NO. I
To the Plans, Specifications &General Contract Documents
Sanitary Sewer Rehabilitation Contract 75 — Part 1
City Project NO. 01480, DOE NO. 6578
SRF No, P254-709170148083
Water Project NO. P253-609170148083
Sewer Project NO. P258-709170148083
Addendum No. l: Issued October 29, 2013
Bid Date: October 31, 2013; 2:00 PM
This Addendum, forms part of the Plans, Contract Documents & Specifications for the above
referenced Project and modifies the original Specifications and Contract Documents. Bidder shall
acknowledge receipt of this addendum in the space provided below, in the proposal(Proposal
Signature Page) and acknowledge receipt on the outer envelope of your bid. Failure to acknowledge
receipt of this addendum could subject the bidder to disqualification.
The plans and specification documents are hereby revised by Addendum No. I as follows:
SPECIFICATIONS & CONTRACT DOCUMENTS:
1. Section 00 42 43, Proposal Form Unit Price
Replace the third page of Unit Il (Sewer), items 38 thru 43, with the attached page containing
items 38 thru 49.
2. Plan Sheet 10 of 55—Clarification
Station 13+10 to 13+85, the note reading "75 LF OF 12" DUCTILE IRON WITH PROTECTO
401 LINING BY BORE". The 12" DIP is intended to be installed by dry bore without a casing pipe.
The quantity for Item 38, 12" DIP Sewer has been revised and a new item(44) for 12" DIP by
Other Than Open Cut, has been added in the Bid Form.
3. Plan Sheet 14 of 55, Station 2+08, Delete the line in the note "Begin Other Than Open Cut'
4. Section 00 52 43,AGREEMENT
Section 3.2, Final Acceptance, Increase the contract time to 240 days.
Revise this
"The Work will be complete For Final Acceptance within 180 days after the date when the Contract
Time commences to run as provided in Paragraph 2.03 of the General Conditions."
To:
Addendum No. 1,Page I
The Work will be complete for Final Acceptance within 240 days after the date when the Contract
Time commences to run as provided in Paragraph 2.03 of the General Conditions.
4. Section GC-4.02 Subsurface and Physical Conditions, Add the Boring Location Diagram,
attached.
A signed copy of the Addendum should be included in the sealed bid envelope at the time of bid
submittal. Failure to acknowledge the receipt of this Addendum could cause the subject bidder to
be considered"NONRESPONSIVE," resulting in disqualification.
RECEIP,WKNOWLEDGEMENT:
S. Frank Crumb, P.E.
Director,
�° By: Roberto Sauceda, P.E.
Company: 7WG t Project Manager
Addre ss:{{
City: I Stater
Addendum No. I,Page 2
PAY
ITEM CPMS No- AP 1, UNIT DESCRIPTION OF!ALMS BIn PRICES IN WORDS UNII'PRICE AMOUNT RID Ij
I i.NIT II-SANITARY SEWER LMPRO VEMENTS 1
_Dollars&
3R 3331 4212 465 JLF 12"DIP Sewer _._ _ Cents III$ $
39 3331.4222 lay LF 16"DIP Sewer Cents $ $
_Dollars&
40 3305.1104 465 _LC_ 30_�CuinE By Other Than Oven Cut Cents $ $
Dollars&
4] 33015 1106 145 LP 36"Casing By Otlrer Than Opcn Cw r_ Cents $ $
_Dollars&
42 0135.0102 25 WD Rvlroad F7aooicn _mss Cents $ '$
Dollars&
43 3292.0100 100 Sy Blwk Sod Placen:enl Cents $ $
D0af9&
44 75 LF 12"DIP By Othu Than Open Cut Cents $ $
Dollars&
45 � ewer S c ,Pd_ cadon �Oents $ $
l3]I_i105 95 -.. LF_ 4 S vemR lo_ `..
46 02412105 4 kA 12".SCwor Abandonment Plug____, ___gents $ $
Dollars&
LL Removt`F nc -----Cents $ $
Dollars&
48 32310412 200 LF b'Fences,Wood Con $ $
Dollars&
49 3231 0113 200 LP 6'Ch Link,k,Slz l .,_. Cents $
SUB-TOTAL UNIT II SEWER Lt1PROVEMENIS: S
TOTAL I'O RE READ AT BID OPENING: $
CITY OF FORT WORTH COnIn.]5,Pan 1
STANDARD CONSTRUMON SPECIFICATION DOCUMENTS City Pmjea N0.01490
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00 52 43- 1
Agreement
Page 1 of 4
1 SECTION 00 52 43
2 AGRE;EMEN'P
3 THIS AGREEMENT, authorized on -.Cf_`L.....-__is made by and between the City of Forth
4 Worth, a Texas home rule municipality, acting by and through Its duly authorized City Manager,
5 ("City") and AoC_ cu ✓�,« 5. �rz✓a <.. t _Z, 4. C.
6 authorized to do business in Texas, acting by and through its duly authorized representative,
7 ("Contractor").
y, 8 City and Contractor, in consideration of [lie mutual covenants hereinafter set forth, agree as
9 follows:
10 Article 1, WORK
I I Contractor shall complete all Work as specified or indicated in the Contract Documents for the
12 Project identified herein.
13 Article 2. PROJECT
14 The project for which the Work under the Contract Docunents may be the whole or only a part is
15 generally described as follows:
16 Sanitary Sewer Rehab Contract 75, Part I
17 CFW Project 91480, Water Project#P253-609170148083 Sewer Project#P258-709170148083
18 Article 3. CONTRACT TIME
19 3.1 Time is of the essence.
20 All time limits for Milestones, if any, and Final Acceptance as stated in the Contract
21 Documents are of the essence to this Contract.
t 22 3.2 Final Acceptance,
23 The Work will be complete for Final Acceptance within 180 days after the date when the
24 Contract Tiine commences to run as provided in Paragraph 2.03 of the General Conditions.
lr 25 3.3 Liquidated damages
26 Contractor recognizes that time is of the essence of this Agreement and that City will
VAS 27 suffer financial loss if the Work is not completed within the threes specified in Paragraph
28 3.2 above, plus any extension thereof allowed in accordance with Article 12 of the
29 General Conditions. "file Contractor also recognizes the delays, expense and difficulties
30 involved in proving in a legal proceeding the actual Toss suffered by die City if the Work
31 is not completed on time. Accordingly, instead of requiring any such proof, Contractor
y 32 a ;revs that as liquidated danra es for deter (but not as a malt Contractor shall a
€' 3 g Y penalty), pay
33 City Five hundred Dollars ($500,00) for each day that expires alter the time specified in
34 Paragraph 3.2 for Final Acceptance until the City issues the Final Letter of Acceptance.
1'
S'
CITY Of FORT WORTH Sanitary Scwer Rehab Contract 75,Part I
STANDARD C)NSI RUCTR)N SI'F,CIFICATION DOCUMENTS CFW Project 41480
�ylun Revised August 17,2012
00 52 43-2 •-
Agreement
Page 2 of 4
35 Article 4. CONTRACT PRICE
36 City agrees to pay Contractor for performance of the Work in accordance with the Contract
37 Documents an amount in current funds of L jh,,( o& ,Srt� ( > rer=l4 rn Dollars u
s j
38 �$ .. .. '. �/`r '�°"~. ) 1�'^� Kwu,�v�F� '/v ^f' 's"� `kt//D✓
39 Article 5, CONTRACT DOCUMENTS
40 5.1 CONTENTS:
41 A. 'tile Contract Documents which comprise the entire agreement between City and
42 Contractor concerning the Work consist of the following:
43 1. This Agreement.
44 2. Attachments to this Agreement:
45 a. Bid Form
46 I) Proposal Form
47 2) Vendor Compliance to State Law Non-Resident Bidder
48 3) Prequalification Statement
49 4) State and Federal documents (project specific)
50 b. Current Prevailing Wage R.ateTablc
5t c. Insurance ACORD Forms)
52 d. Payment Bond
53 e. Performance Bond
54 f Maintenance Bond
55 g. Power of Attorney for the Bonds
56 h. Worker's Compensation Affidavit y
57 i. MBE and/or SBE Commitment Form
58 3. General Conditions,
59 4. Supplementary Conditions.
60 5. Specifications specifically made a part of the Contract Documents by attachment
61 or, if not attached, as incorporated by reference and described in the Table of
62 Contents of the Project's Contract Documents.
i
63 6. Drawings.
64 7. Addenda.
65 8. Documentation submitted by Contractor prior to Notice of Award.
66 9. The following which may be delivered or issued after the Effective Date of the
67 Agreement and, if issued, become an incorporated part of the Contract Documents: dDk
68
a. Notice to Proceed.
69 b. Field Orders.
70 c. Change Orders.
71 d. Letter of Final Acceptance.
72
73
m
A
CITY OF FORT WORTH Sanitary Sewer Rehab Contract 75,Parr I '
STANDARD CONSTRUCTION SPECIFICATION DO(IIMENI"S CFW Project 81480
Revised August 17,2012
"x
i
2
i
r
00 52 43-3
Agreement
Page 3 of
74 Article 6. INDEMNIFICA'I(ON
75 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own
76 expense, the city, its officers, servants and employees, from and against any and all
77 claims arising out of, or alleged to arise out of, the work and services to be performed
78 by the contractor, its officers, agents, employees, subcontractors, licenses or invitees
79 under this contract. This indemnification provision is specifically intended to operate
80 and be effective even if it is alleged or proven that all or some of the damages being
81 sought were caused, in whole or in part, by any act, omission or negligence of the city.
82 This indemnity provision is intended to include, without limitation, indemnity for
83 costs, expenses and legal fees ineurrecl by the city in defending against such claims and
84 causes of actions.
85
x 86 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense,
87 the city, its officers, servants and employees, from and against any and all loss, damage
88 or destruction of property of the city, arising out of, or alleged to arise out of, the work
89 and services to be performed by the contractor, its officers, agents, employees,
90 subeontractprs, heensces or invitees under this contract. This indemnification
g 91 provision is psneutically intended to operate and be effective even if it is alleged or
92 proven that all or some of the damages being sought were caused, in whole or in part,
93 by any act, omission or negligence of the city.
94
II` 95 Article 7. MISCELLANEOUS
�qr
96 7.1 Ternns.
97 'Perms used in this Agreement which are defined in Article 1 of the General Conditions will
98 have the meanings indicated in the General Conditions,
IF 99 7.2 Assignment of Contract.
li
100 This Agreement, including all of the Contract Documents may not be assigned by the
pun 101 Contractor without the advanced express written consent orthe City.
702 73 Successors and Assigns.
103 City and Contractor each binds itself, its partners, successors, assigns and legal
` 104 representatives to the other party hereto, in respect to all covenants, agreements and
105 obligations contained in the Contract Documents.
106 7.4 Severability_
107 Any provision or part of the Contract Documents held to be unconstitutional, void or
108 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all
109 remaining provisions shall continue to be valid and binding upon CITY and
110 CONTRACTOR.
111 7.5 Governing Law and Venue.
112 This Agreement, including all of the Contract Documents is performable in the State of
113 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the
114 Northern District of Texas, Fort Worth Division.
f"
CITY OF FORT WORTH Sanitary Sewer Rehah Contract 75,Part I
STANDARD CONS I RUC r ION SPIICIFICATION DOCUNIFNTS CFW Project 81480
Revised August 17,2012
j'
005243-4
Agreement
Page 4 of 4 "q
115 7.6 Other provisions. m
116 The Contractor agrees to pay at least minimum wage per hour for all labor as the same is ,
117 classified, promulgated and set out by the City, a copy of which is attached hereto and
118 made a part hereof the same as if it were copied verbatim herein.
119 7.7 Authority to Sign.
120 Contractor shall attach evidence of authority to sign Agreement, if other than duly
121 authorized signatory of the Contractor.
122
123 IN WITNESS WHEREOF, City and Contractor have executed this Agreement in multiple
124 counterparts.
125
126 This Agreement is effective as of the last date signed by the Parties (`Effective Date").
127
Con t c or: ro City of Fort Worth
g
—.
BY _,.
Fernando Costa Z�L B Assistant City Manager
gnahlre)
`p Datelrelu 1 /7-" ..t
1PCe� � • �91�AA,.YeLA � _
t E
_—__ ..__ Attest: X4441,.-(PrintedNae) IS ry
(Seal)
^y.
AN Title:
Address: � dU-__ .,. ..
M&c GvZ,C 0 i O
City/State/zip: (� 9 � ppro d as to Form and I P:S,
Date: 3 0
Y p. r y � �CAAt .. Mt 1C � lJ ,ega
"si1Y
g
Date Dou s W. Black
Assistant City Attorney m
128
129
130 APPROVALRECOMMEND "D:
131
132
133 Y
134 S.Frank Crumb
135 DIRECTOR,
136 Water Department
137 (YFFICIIA Fir, 6to
CITTSECRETART
F fK WORM IM
COPY OF FORT WORTH Sanirary Sewer Rehab Contract 75,Part I
STANDARD CONSTRUCTION SPE'CIFICA'TION DOCI JNa.NTS C'F W Project f'148o
RevNed August 17,2012 "IP
Tel
Bond #PRF09147022 oCE BOND
PERFORMANCE BOND
Page I of 2
r
1 SECTION 00 6113
2 PERFORMANCE BOND
1 3
Jo 4 THE STATE OF TEXAS §
l 5 § KNOW ALL BY THESE PRESENTS:
j 6 COUNTY OF TARRANT §
iP 7 That we, Ark Contracting Services, L.L.I-
C known as
o onia erican a'a y and Surel=y Company and
8 "Principal"herein and Fidelity and Deposit Company of Maryland, a corporate
9 stuety(sureties, if more than one) duly authorized to do business in the State of Texas, known as
I 0 "Surety"herein (whether one or more), are held and firmly bound unto the City of Fort Worth, a
I 1 municipal corporation created pursuant to the laws of Texas, known as "City" herein, in the penal
Two million Seventy Three Thousand
12 suln Of, Four Hundred Forty Four and no/100----Dollars
i 13 ($ 2,073,444.00 ), lawful money of the United States, to be paid in Fort Worth,
14 Tarrant County, 'Texas for the payment of which sum well and truly to be made, we bind
15 ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally,
IY,�Y1ug
16 firmly by these presents.
y 17 WHEREAS, the Principal has entered into a certain written contract with the City
18 awarded the °I/° 4 day of /'° 4 0,'2� 20� , which Contract is hereby referred to and
m 19 made a part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment
20 labor and other accessories defined by law, in the prosecution of the Work,including any Change
21 Orders, as provided for in said Contract designated as 2010 Sanitary Sewer Rehab Contract 75,
iy!yiu
22 Part I, City Project#1480.
i 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, 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 may be granted on the part of the City, then this obligation shall be
28 and become null and void, otherwise to remain in full force and effect.
d 29 PROVIDED FURTHER, that if any legal action be filed on this Bond,venue shall lie in
30 Tarrant County, "Texas or the United States District Court for the Northern District of Texas, Fort
ilT 31 Worth Division.
J"
CITY OF FORT WOR"I'll Sanitary Sewer Rehab Cmumcl 75,Pan I
STANDARD CONSTRUCTION SPECIFICATION DOCUMENt:S CFW Project#1480
I Revised July 1,2011
i
0061 L3-2
PERFORMANCE BONI)
Page 2of2
1 This bond is trade and executed in compliance with the provisions of Chapter 2253 of the
yuiw
2 "fexas Government Code, as amended, and all liabilities on this bond shall be determined in
3 accordance with the provisions of said statue.
4 IN WITNESS WHEREOF, the Principal and the Surety have SIGNED and SEALED
t rY
5 this instrument by duly authorized agents and officers on this the i" " day of
o)s
6 iJp fd 20 .
r �
7 PRINCIPAL.
8 Ark Contra_ ing Se ices, L.L.C.
9
10 -�•
�y ll L3Y:
12 ,, 5 aturc
13 ATL ST: r
14 _
r 16
( rmc a } etary �. Name and Title j
17
18 Address: 420 S,_Dick Price Road
19 KennedalY_...16Q6SL_
' 20 M.
r'r x
– – — — —
�," 22 Winless as to Principal
23 SURETY:
24 Colonial American Casualty and Surety Coldpan
25 and Fidelity and-D, it Company of Maryland
26 j
27 By
28 Stfnatur �~
U' 29
30 Tracy Tucker, Attorney–in,–Fact
31 Name and 'I'itle t
is 32
33 Address: 900 Summit Ave _
34 Fort_Worth, TX—76102
35
36 —
37 Witness as to Sit Telephone Number: 817/336-8520
38
39
r 40
41 *Note: If signed by all 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 different from its mailing address, both must be provided.
44 fhe date of the bond shall not be prior to the date the Contract is awarded. i
9y 45
17E
i
i
C11'Y Of IORT WORM .Sanitary Sewer Rehab Contract 75,Pan 1
STANDARD CONS"FRUCIION SPECIFICATION DOCUMENTS CPW Project 91480
Revised July 1,201 I
Bond #PRF09147022 0061 14-1
PAYMHNTBOND
A'r
Page 1 of 2
YR 1 SECTION 00 6114
2 PAYMENT BOND
3
4 THE STATE OF TEXAS §
5 § KNOW ALL BY THESE PRESENTS:
6 COUNTY OF TARRANT §
u
7 That we Ark Contracting Services, L.L.C. known as
0 onia er can asua y ana Surety Company and
,I 8 "Principal' herein, and Fidelity and Deposit _Corapanyof Maryland a
9 corporate surety (sureties), duly authorized to do business in the State of Texas, known as
10 "Surety" herein (whether one or more), are held and firmly bound unto the City of Fort Worth, a
" 11 municipal corporation created pursuant to the laws of the State of Texas, known as "City" herein,
l'
Two Million Seventy Three Thousand
12 in the penal sum ofEoiir Hundred Fort�L-Four and no/14�_ Dollars
13 ($ 2,073,444.00 ), lawful money of the United States, to be paid in Fort Worth,
14 Tarrant County, Texas, for the payment of which sum well and truly be made, we bind ourselves,
15 our heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these
16 presents:
i
17 WHEREAS,Principal has entered into a certain written Contract with City, awarded the
j
18 74 day of M'4/ ( iq , 20-44 which Contract is hereby referred to and
19 made a part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment,
20 labor and other accessories as defined by law, in the prosecution of the Work as provided for in
21 said Contract and designated as 2010 Sanitary Sewer Rehab Contract 75, Part 1, City Project
22 91480.
I
t1( 23 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if
it
I 24 Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined_ in
1Fu 25 Chapter 2253 of the 'texas Government Code, as amended) in the prosecution of the Work under
r
26 the Contract, then this obligation shall be and become null and void; otherwise to remain in full
mt 27 force and effect.
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 shall be determined in
30 accordance with the provisions of said slahlte.
31
9,Ylwt
_ CITY OF FORT WORTH Sanitary Sewer Rehab Contract 75,Part 1
STANDARD CONS 1'RUC`(ION SPECIFICATION DOCUMENTS CFW Project 91480
Revised July 1,2011
006114_2
PAYMENTPOND
Page 2 of 2
IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED
2 this instrument by duly authorized agents and officers on this the W4
day of
4
PRINCIPAL:
Ark Contr ing Seri'. es, L.L.C.
'17 ATTEST: BY:
N
Vfl-
vs,,A ea�
(Prin-ipal)i cretay Namea
and Title
Address: 420 S Dick Price Road
Kennedale, TX 76060
Witness as to Principal
SURETY:
Colonial American Casualty and Surety Company
Fidelity and le—pos—itComp—any—of Maryland and
ATTEST: By'
I I Signature
w
Trams_lu_c_ker.Attqxney=in-�Fact
(Surety) Secretary Name and Title
Address: 900 Summit Ave
Fort Worth, TX 76102
Witness as to S
1) Ity' 'f clephone Number: 817/336-8520
5
6 Note: If signed by an officer 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 from its mailing 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 OF sFC'rjON
0" 12
A"
OF Y OF FORT WORTH Sanitary Sewer Rehab Contract 75,Part I
STANDARD CONSTRUCTION SPECITICA I ION DOCUMENTS S CFW PT0JCC1 81480
Revised July 1,2011
PRF09147022
0061 19- 1
MAINTENANCE BOND
Page I oI 3
I SF..CriiON 00 61 19
2 MAINTENANCE BOND
3
4 THE STATE OF TEXAS §
5 § KNOW ALL RY THESE PRESENTS:
6 COUNTY OY TARR ANT §
7
8 Thatwe Ark Contracting Services, L.L.C. known as
-
Co o mer. cl
nial Aan Casua t� artd-Surety Com-
pany and
9 "Principal" herein and Fide I i ty and n �si t Cnm„n c_Mail anda corporates u rely
10 (sureties, if more than one) duly authorized to do business in the State of Texas, known as
I I "Surety" herein (whether one or more), are held and firmly bound unto the City of Fort Worth, a
12 municipal corporation created pursuant to the laws of the State of Texas, known as"City" herein,
Two Million Seventy Three Thousand
13 in the sum of_ Four Hundred_I-QX-t;,yFcgr_.and noLL0_G Dollars
14 ($ 2,073,444.00 I lawful money ofthe United States, to be paid in Fort Worth,
15 Tarrant County, Texas, for payment of which stun well and truly be made unto the City and its
16 successors, we bind ourselves, our heirs, executors, administrators, successors and assigns,jointly
17 and severally, firmly by these presents.
18
19 WHEREAS, the Principal has entered into a certain written contract with the City awarded
20 they f day of Moirok , 20 it, which Contract is hereby
21 referred to and a made part hereof for all purposes as if fully set forth herein, to furnish all
22 materials,equipment labor and other accessories as defined by law, in the prosecution of the
23 Work, including any Work resulting from a duly authorized Change Order (collectively herein,
24 the "Work") as provided for in said contract and designated as 2010 Sanitary Sewer Rehab
25 Contract 75, Part 1,City Project #1480; and
26
27 WHEREAS, Principal binds itself to use such materials and to so construct the Work in
28 accordance with the plans, specifications and Contract Documents that the Work is and will
29 remain free from defects in materials of workmanship for and during the period of two (2) years
30 after the date of Final .Acceptance of the Work by the City ("Maintenance Period"'): and
31
32 WHEREAS,11tincipal binds itself to repair of reconstruct the Work in whole of in part
33 upon receiving notice from the City of the need therefor at any time within the Maintenance
34 Period.
in
CPrY OF FOttl WOR II-I samiap S...er Rehab Conran 75,Par[ 1 p
STANDARD CONSi RUCi)ON SPF(']Fl(A"IIDN' DOCUMENTS C1 W Pro,lecl 91480
Revised Jolt' 1;2011
PRF091.47022
"I 006119-1
MAN ENANCE BOND
Page I of 3
1 SECTION 00 61 19
2 MAINTIiNANCE BOND
3
4 THE STA E OF TEXAS §
5 § KNOW ALL BY THESE PRESENTS:
6 COUNTY OF ARRANT §
7
8 Thatwe Ar Contractin Services, L.L.C. known as
Co onial Amer can Casualty an Surety Company n
9 "Principal"herein and _-pl d li_ty_anf nanos;r q Compa nf_._Mnr�vrl anda corliora surety
grviro
10 (sureties, if more than on duly authorized to do business in the State of Texas, kno as
�I a "Surety" herein (whether o1 or more), are held and firmly bound unto the City o ort Worth, a
ym
12 municipal corporation create ursuant to the laws of the State of Texas, krlo as "City"herein,
Two Million , eventy Three Thousand
13 in the sum of Four Hu r ... F ur...attd..no/ �Dollars
14 ($2,073,400.00 las fir) money of the United States, to e paid in Fort Worth,
1 15 Tarrant County, Texas, for payment o 'which sum well and truly be ade unto the City and its
16 successors, we bind ourselves, our heirs, xecutors, administrat s, successors and assigns,jointly
17 and severally, firmly by these presents, yy
7 ° 18 \e
19 WHEREAS, the Principal has entered u4 a cc ain written contract with the City awarded
1. q r„ f rk
20 the � f day of 0 A which Contract is hereby
21 referred to and a made part hereof for all pure es as if fully set forth herein,to furnish all
22 materials, equipment labor and other aeces, ryes as de f red by law, in the prosecution of the
23 Work, including any Work resulting fro a duly authoriz Change Order (collectively herein,
24 the "Work")as provided for in said ntract and designated s 2010 Sanitary Sewer Rehab
25 Contract 75, Part 1, City Project 480; and
26
yin 27 WHEREAS, Pri ipal binds itself to use such materials an�fo so construct the Work in
28 accordance with the p ns, specifications and Contract Documents thal he Work is and will
1J 29 remain free from feces in materials or workmanship for and during the eriod of two (2) years
30 after the date o 'final Acceptance of the Work by the City ("Maintenance P`giod"); and
31
` 32 W ERF.AS, Principal binds itself to repair or reconstruct the Work in who or in part
33 upo receiving notice from The City of the need therefor at anytime within the Main nance
34 Period,
1
u
3
CITY OF FORT WORTH Sanitary Sewer Rehab 'onlract 75,Part 1 ,
STANDARD CONSTRUCTION SPECIAC'A I ION DOCUMENT S CF Projac1#1480
Revised My 1,2011
'9r
0061 19,2
y MArNTENANCE BOND
Page 2 of 3
1
2 NOW THEREFORE, the condition of this obligation is such that if Principal shall
3 remedy any defective Work, for which timely notice was provided by City,to a completion
4 satisfactory to the City,then this obligation shall become null and void; otherwise to remain in {
5 full force and effect.
I 6
7 PROVIDED, HOWEVER, if Principal shall fail so to repair or reconstruct 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 Maintenance bond; and
11 1 ,
12 PROVIDED FURTHER,, that if any legal action be filed on this Elond, venue shall lie in
13 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort
14 Worth Division; and
Y 15
is
16 PROVIDED FURTHER, that this obligation shall be continuous in nature and
17 successive recoveries may be had hereon for successive breaches.
18
19
Ps 20
i
l
�7P
1
1
i
Syr
CITY OF FORT WORTH Sanitary.Sewer Rehab Contraci 75,Part 1
IW STANDARD CONSTRIICI ION SPL?CI PI CATION DOCLIMPN'IS CFW Project 41480
Revised July 1,2011
V
^*wn�3
MAIN]ENANCE BONI)
i Page o/,
' ] IN WITNESS WHEREOF, the Principal and the Surety have each SIGNED and SEALED this
2 instrument b? duly authorized agents and officers oil this the 11 day of /
' 3 20 / y
� —_+—
5 PRINCIPAI
h Ark Cent ting dvices, L.L.C.
m ?
|
' 8
9
/
10 gnatm
I
| /
l%
13
�
14 (`ddoI o) y Name and Title
15
16 ' Address: 420SDick Price Road
17 Kennedale, TX 6060
� l8
^ ' \Y
20 Witness m\oPrincipal
21 :
� i
22 Colonial American Casualty and Surety Compuu>
23 and Fidelity and Deposit
-{oompany of Maryland
24
" 25 B
^ Ih
Z?
%8 ?ra
� ! 29 8TlT�ST; Name and Title
]0
31 Address: 9V0 Summit Avenue
n 32 (Surety)Secretary 6lU2
�j
33 '-^^--~~`--~-
}4
35 YVhueoox\o8\6�ty Yo}oyhoxe0umhvz: 81
\! 36
37 *Note: /[signed hvmu officer of the Surety Company, there must hcoufi|o *certified extract
38 from the by-laws showing that this person has authority to Sign such obligation. If
|/ }Y Surety's physical address is different from its mailinp address, both must be provided.
40 The date of the bond shall not ht prior to the date the Contract is awarded.
� 4|
|�
,
� urvtF FORT WoxTu Sxmqor�Sewer Rehab Contract 7o,Part /
STANDARD cowS7 RUCTION xrEunca/[ON oocnmcxo rrw Project xwxo
Re�iscd July 1,2011
9,,"?s"
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL.AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
pp POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New
York,the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,a corporation of the State of Maryland,and the FIDELITY
AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by
GEOFFREY DELISIO, Vice President, in pursuance of authority granted by Article V, Section 8, of the By-Laws of said Companies,
which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate,
constitute, and appoint Tracy TUCKER, W. Lawrence BROWN, Kevin J. DUNN and Steven TUCKER, all of Ft. Worth, Texas,
JP EACH its true and lawfid agent and Attorney-in-Fact,to make,execute,seal and deliver, for, and on its behalf as surety,and as its act and
deed: any and all bonds and undertakings, EXCEPT bonds on behalf of Independent Executors, Community Survivors and
Community Guardians. and the execution of such bonds or undertakings in pursuance of these presents, .shall be as binding upon said
Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected
s officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York.,the regularly elected officers of the
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected
officers of the FIDELITY AND 'DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper
persons.
The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8,of
the By-Laws of said Companies,and is now in force.
lip
1N WITNESS WHEREOF, the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said
ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and
FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 6th day of December,A.D.2012.
ATTEST:
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
il,ID9t
ov
10.
ylJVib ,r,7 IrM � ��:. 7pgq j3
NryF' !4,,, ':6112..._✓*}�,3
Assistant Secretary Vice President
Gerald F. Haley Geoffrey Delisio
State of Maryland
City of Baltimore
On this 6th day of December, A.D. 2012, before the subscriber, a Notary Public of the State of Maryland, duly commissioned mid qualified,
GEOFFREY DELISIO,Vice President,and GERALD F.HALEY,Assistant Secretary,of the Companies,to me personally known to be the individuals
f� and officers described in and who executed the preceding instrument,and acknowledged the execution of same,and being by me duty swom,deposeth and
saith,that he/she is the said officer of the Company aforesaid,and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies,
and that the said Corporate Seats and the signature as such officer were duly affixed and subscribed to the said itutntmem by the authority and direction of the
said Corporations.
pw
IN TESTIMONY WHEREOF,!have hereunto se[my hand and affixed my Ofticia]Seal the day and year first above written.
1
Constance A.Dann,Notary Public
My Commission Expires:July 14,2015
POA-F 168-28296
H
»>
Fidelity and Deposit Companies
Home Office: 3910 Keswick Road Baltimore,MD 21211
u
PP
IMPORTANT NOTICE:
P, To obtain information or make a complaint:
You may call the Fidelity and Deposit Company of Maryland, Colonial American Casualty and
?y Surety Company, and/or Zurich American Insurance Company's toll-free telephone number for
information or to make a complaint at:
l
1-800-654-5155
>
You may contact the Texas Department of Insurance to obtain information on companies,
coverages, rights, or complaints at:
mx
1-800-252-3439
You may write the Texas Department of Insurance:
P.O. Box 149104
Austin, TX 78714-9104
FAX # (512) 475-1771
PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning the premium or
n about a claim, you should first contact Fidelity and Deposit Company of Maryland or Colonial
American Casualty and Surety Company. If the dispute is not resolved, you may contact the Texas
Department of Insurance.
iu
A7"FACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does
pro not become a part or condition of the attached document.
d
rtr
� y S8543f(I X)(08/01)
0061 25- 1
C I.R rIF I CA I E OF IN lURAN(T
Page , m
I
SECTION 00 61 25
2 CTR HFICATE OF INSURANCF
4
5
6
7
9
10
12
13
14
15
16
17
18
19
20
21
22
23 EM) OF SECTION
pip
(I I Y OF FOR I WOR 111 Sanitary Scuer Rehib Coumact 75,Ilan I
,1 ANDARD CONSTR UCI ION SPFCII CA I m.:«m CFW Project 111480
Rmsed July 1,2011
° AGO pR ® CERTIFICATE OF LIABILITY INSURANCE F DATE(MM1UDDN'
1/14/2014
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
Iull� CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
IPI the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER ry°MC,C' Cindy Soule
Tucker Agency, Ltd. PHONE (817)336-8520 FAX e. (01TI336-6501
@li' P 0 Box 22135 AD IL .cindys @tuckeragency.com
INSURERS AFFORDING COVERAGE NAIC p
_..._ ._._......_L_ __Ll_—�._—.
Ft. Worth TX 76113 INSURER Travelers Lloyds Ins Co. 41262 _
R, INSURED INSURER B:Travelers. ,Property Casualty_ 25674
Ark Contracting Services LLC INSURER C Travelers Ind Co of CT 25682
420 S. Dick Price Road INSURER D:
INSURER E
Kenneciale TX 76060 1 INSURER
COVERAGES CERTIFICATE NUMBER:13/14 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BFEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
IUD 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. LIMFFS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INS TYPE OFINSURANCE ADDL SUER POLICY NUMBER MM bCY/1'VVV MMID YYYY LIMITS
R
GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000
WNU '1 DAMAGE TO RENTED
X I COMMERCIAL GENERAL DUAL.❑Y PfiEMISES f('a oocylrrn 9 300,000
9/1/2013 /1/2014
A CLAIMS-MADE El OCCUR 0554701.09 MED EXP(AnY One PCrsonl $ 10,040
X XCO coverage Included PERSONAL&ADV INJURY $ 1,000,000
—_
GENERAL AGGREGATE $ 2,000,000
GENT.AGGREGATE LIMIT APPL IES PER . PRODUCTS-COMP(OP AGG $ 2,000,000
POLICY X� PRO- LOC —..—. $
1)IW'Y AUTOMOBILE LIABILITY COMMLIED SINGLE LIMIT
1 000,000
B �x ANY AUTO BODILY INJURY(Per Person) $
ALL OWNED SCHEDULED A7444C349 9/1/2013 . /1/2014 BODILY INJURY(Per accident) $
�
AUTOS AUTOS
NON-OWNED PROPERTYOAMAGE �'-
X HIRED AUTOS X AUTOS Pcr acadentl $ ___
$
X UMBRELLA LIAB X OOCIIPi EACH OCCURRENCE _$ 4,000,000
C '. EXCESS LIAB CLAIMS.MADE AGGREGATE $ 4.,000,000
X DED RFTENTION$ 10,000 UP-54603387A 9/1/2013 9/1/2014 $
C WORKERS COMPENSATION VV(ISTATU- OTH
-
ANDEMPLOYERS'LIABILITY YIN U --""- -"'----
ANY PROPRIETORIPARTNERIEXECUTIVE �j E L.CJ EACH 1O �00
OFFIOERMEMBER EXCWDED1 NIA —
M N _ _ _0_0,0__
(Manuel.,in NH) B762G4423 9/1/2013 9/1/2014 EL DISEASE FAIMPLOYE- $ 1 000 000
If yes describe uPder -1..._t..
DESCRIPTION OF OPERATIONS below_ DI oFA5F. POLICY LIMiI' $ 1,000,000
VIy
DESCRIPTION OF OPERATIONS I LOCATIONS)VEHICLES (Attach ACORD 101,Additional Remarks Schedule,it more space is unpinned)
City Project NO 01480, DOE NO 6578 Sanitary Sewer Rehabilitation Contract 75 - Part 1
City of Fort Worth is additional insured where required by written contract. Waiver of subrogation
ulr
applies where required by written contract.
r
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE bELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
City of Fort Worth
Contracts Dept.
1000 Throckmorton Street AurHORIZeD REPRESENTATIVE
Fort Worth, TX 76102 _
Tracy Tucker/CINDY "'-""L)'r--- "" —'
ACORD 25(2010105) (9 1988.2010 ACORD CORPORATION. All rights reserved.
INS0251201005),01 The ACORD name and logo are registered marks of ACORD