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SPECIFICATIONS
AND
CONTRACT DOCUMENTS
FOR
MEADOWBROOK GOLF COURSE
LAKE DREDGING
PURCHASING
PROJECT NAME PROJECT NUMBER BID NO.
MEADOWBROOK G.C. GC16/541200/080160520120 04-0141
IN
THE CITY OF FORT WORTH
TEXAS
MIKE MONCRIFF GARY W.JACKSON
MAYOR CITY MANAGER
RICHARD ZAVALA, DIRECTOR
PARKS AND COMMUNITY SERVICES
PARKS AND COMMUNITY SERVICES DEPARTMENT
PLANNING AND RESOURCE MANAGEMENT DIVISION
FUNDING OF PROJECT BY
GOLF CAPITAL PROJECTS FUND
City of Fort Worth, Texas
Mayor and Council Communication
�- COUNCIL ACTION: Approved on 8/10/2004
DATE: Tuesday, August 10, 2004
LOG NAME: 80DREDGING REFERENCE NO.: **C-20208
SUBJECT:
Award of Contract to McAlester Construction & Fence, Inc. for Pond Dredging at Meadowbrook Golf
Course
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a contract with McAlester
Construction & Fence, Inc. in the amount of $236,000.00 for pond dredging at Meadowbrook Golf Course.
DISCUSSION:
On February 10, 2004 (M&C G-12617), the City Council authorized Parks and Community Services
Department (PACSD) to proceed with a three phase renovation plan developed between the golfing
stakeholders, PACS staff, the Golf Advisory Committee (GAC) as recommended for implementation by the
Parks and Community Services Advisory Board and the City Council's Government and Neighborhood
Relations Committee. Phase I of the renovation plan includes the dredging of the irrigation water supply
pond and the Fairway No. 5 pond at Meadowbrook Golf Course.
This project was advertised for bid on June 2 and June 9, 2004 in the.Commercial Recorder. On June 24,
2004, the following bids were received:
Bidders Base Bid Bid Alts. Total
McAlester Construction & Fence, Inc. $122,000.00 $114,000.00 $236,000.00
Dredge America $198,750.00 no bid $198,750.00
Base Bid work includes the dredging of the irrigation water supply pond to a minimum lake depth of ten
foot (10') and the construction of settling basin(s)within the Golf Course as located by owner.
Bid alternate work includes the dredging of Fairway No. 5 pond to a minimum lake depth of six foot.
It is recommended that the Base bid in the amount of $122,000 and Bid alternate in the amount of
$114,000, totaling $236,000 as submitted by McAlester Construction & Fence, Inc. be approved for award
of contract. Contract time is forty-five calendar days.
�. In addition to the contract cost, associated contingency funding for construction inspection/project
management (1.5%) and potential change orders (5%) amounts to $15,340.
Due to the specialized scope of work and materials necessary to com _ 7p, 41e limited
opportunity for sub-contracting the M/WBE office recommends that the parti iO z, 'or this
project. ��^� ha '
Logname: 80DREDGING Page 1 of 2
Funding for this project is appropriated in the PACS Department Golf Capital Projects Fund from 1999
revenue bonds. There will be no annual budget impact associated with this project.
M/WBE - A waiver of the goal for M/WBE subcontracting requirements was requested by the Purchasing
Division and approved by the M/WBE Office because the purchase of goods is from sources where
subcontracting or supplier opportunities are negligible.
Meadowbrook Golf Course is located in COUNCIL DISTRICT 4.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the
Golf Capital Projects Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
GC16 541200 080160520120 $236,000.00
Submitted for City Manager's Office by: Libby Watson (6183)
Originating Department Head: Richard Zavala (5704)
Additional Information Contact: Mike Ficke (5746)
a�.
Logname: 80DREDGING Pace ? of
BOND #TB4854 PERFORMANCE BOND
THE STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS: COUNTY
OFTARRANT §
That we, (1) MCALESTER CONSTRUCTION & FENCE, INC. as
Principal herein, and (2) UNITED STATES FIDELITY AND GUARANTY COMPANY a
corporation organized under the laws of the State of(3) MD and who is
authorized to issue surety bonds in the State of Texas, Surety herein, are held and firmly bound
unto the City of Fort Worth, a municipal corporation located in Tarrant and Denton Counties,
Texas, Obligee herein, in the sum of TWO HUNDRED THIRTY SIX THOUSAND & NO/100-----
---------- Dollars($ 236.000.00 ) for the payment of which sum we bind ourselves,
our heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these
presents.
WHEREAS, Principal has entered into a certain written contract with the Obligee dated
the day of SEPTEMBER , 20 04, a copy of which is attached hereto and made a part
hereof for all purposes, for the construction of MEADOWBROOK GOLF COURSE LAKE DREDGING
PROJECT
NOW, THEREFORE, the condition of this obligation is such, if the said Principal shall
faithfully perform the work in accordance with the plans, specifications, and contract documents
and shall fully indemnify and hold harmless the Obligee from all costs and damages which
Obligee may suffer by reason of Principal's default, and reimburse and repay Obligee for all
outlay and expense that Obligee may incur in making good such default, then this obligation
shall be void; otherwise, to remain in full force and effect.
PROVIDED, HOWEVER, that this bond is executed pursuant to Chapter 2253 of the
Texas Government Code, as amended, and all liabilities on this bond shall be determined in
accordance with the provisions of such statute, to the same extent as if it were copied at length
herein.
IN WITNESS WHEREOF, the duly authorized representatives of the Principal and the
Surety have executed this instrument.
SIGNED and SEALED this day of SEPTEMBER 20 04
MCALESTER CONSTRUCTION &
FENCE, INC.
PRI
NCIP L
ATTEST: By:
Name:Y c
rincipal) S 7611ry
Title: pn :5je)it
(S E A Q Address: 204 N GREER BLVD
PITTSBURG, TX 75686
Witness as t i1ficipal
' UNITED STATES FIDELITY AND
GUARANTY CONZ3ANY
SURE
ATT T: Bjr� ti�
Name: LINDA EDWARDS
Secretary Attorney in Fact
(S E A Q Address: 2700 NE LOOP .4101 STE 125
SAN ANTONIO, TX 78217
WitnessWtorety 51DDONS INSURANC%lephone Number: 800-962-1864
P.O. BOX 164077
AUSTIN, TEXAS 78716
512-481-1733
NOTE: (1) Correct name of Principal (Contractor).
(2) Correct name of Surety.
(3) State of incorporation of Surety
Telephone number of surety must be stated. In addition, an original copy of Power of
Attorney shall be attached to Bond by the Attorney-in-Fact.
The date of bond shall not be prior to date of Contract.
BOND #TB4854 PAYMENT BOND
THE STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS: COUNTY
OF TARRANT §
That we, (1) MCALESTER CONSTRUCTION & FENCE, INC. as
Principal herein, and (2) UNITED STATES FIDELITY AND GUARANTY COMPANY a
corporation organized and existing under the laws of the State of(3) MD as
surety, are held and firmly bound unto the City of Fort Worth, a municipal corporation located in
Tarrant and Denton Counties, Texas, Obligee herein, in the amount of TWO HUNDRED THIRTY
SIX THOUSAND & NO/100------------------- Dollars ($236,000.00 for the
payment whereof, the said Principal and Surety bind themselves and their heirs, executors,
administrators, successors and assigns,jointly and severally, firmly by these presents:
WHEREAS, the Principal has entered into a certain written contract with the Obligee
dated the day of SEPTEMBER , 20 04, which contract is hereby referred to and
made a part hereof as if fully and to the same extent as if copied at length, for the following
project: MEADOWBROOK GOLF COURSE LAKE DREDGING PROJECT
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the
said Principal shall faithfully make payment to each and every claimant (as defined in Chapter
2253, Texas Government Code, as amended) supplying labor or materials in the prosecution of
the work under the contract, then this obligation shall be void; otherwise, to remain in full force
and effect.
PROVIDED, HOWEVER, that this bond is executed pursuant to Chapter 2253 of the
Texas Government Code, as amended, and all liabilities on this bond shall be determined in
accordance with the provisions of said statute, to the same extent as if it were copied at length
herein.
IN WITNESS WHEREOF, the duly authorized representatives of the Principal and the
Surety have executed this instrument.
SIGNED and SEALED this I day of SEPTEMBER ) 20 04
g q�,
MCALESTER CONSTRUCTION &
FENCE, INC.
PRINCIPAL
A TTE;3T: By:
v
r L Name: T r19 ��LA'S t2r,
`(Principal) S etary
Title: _ pry Aen I
(S E A L) Address: 204 N GREER BLVD
f PITTSBURG, TX 75686
L-
Witness a�' o rincipa
UNITED STATES FIDELITY AND
GUARANTY COMP
SURE .
A ST: By� .
Name: LINDA EDWARDS
SecretaryA Attorney in Fact
(S E A L) Address: 2700 NE LOOP, 410, STE 125
SAN ANTONIO, TX 78217
777
Witness as to uret FRANK SIDDONS INSURANCE Telephone Number: 800-962-1864
P.O. BOX'164077
AUSTIN, TEXAS 78716
512-481-1733
NOTE: (1) Correct name of Principal (Contractor).
(4) Correct name of Surety.
(5) State of incorporation of Surety
Telephone number of surety must be stated. In addition, an original copy of Power of
Attorney shall be attached to Bond by the Attorney-in-Fact.
The date of bond shall not be prior to date of Contract.
me&Pd Ul POWER OF ATTORNEY
Vl Seaboard Surety Company United States Fidelity and Guaranty Company
St.Paul Fire and Marine Insurance Company Fidelity and Guaranty Insurance Company
St.Paul Guardian Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc.
St.Paul Mercury Insurance Company
Power of Attorney No. 24324 Certificate No. 2176910
KNOW ALL MEN BY THESE PRESENTS:That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York,and that
St. Paul Fire and Marine Insurance Company, St.Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under
the laws of the State of Minnesota,and that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland,and
that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of fowa, and that Fidelity and Guaranty Insurance
Underwriters,Inc.is a corporation duly organized under the laws of the State of Wisconsin(herein collectively called the "Companies"), and that the Companies do
hereby make,constitute and appoint
Robert C.Siddons,Robert C.Fricke,Linda Edwards,Douglas J. Wealty,James F.Siddons,Tommy Nelson,
Samuel G.Siddons and Benjamin A.Siddons
Austin Texas
of the City of State their true and lawful Attorney(s)-in-Fact,
each in their separate capacity if more than one is named above, to sign its name as surety to,and to execute,seal and acknowledge any and all bonds,undertakings,
contracts and other written instruments in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the
performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
IN WITNESS WHEREOF,the Companies have caused this instrument to be signed and scaled this 3rd day of May 2004
Seaboard Surety Company United States Fidelity and Guaranty Company
St.Paul Fire and Marine Insurance Company Fidelity and Guaranty Insurance Company
St.Paul Guardian Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc.
St.Paul Mercury Insurance Company
SlYtE7 ,�x,q , �M i S rP'�•.. -�",rt•YAC tY
1927 I — '•m (; ` '' 'o� t°°gysFO 1977 ^"WnD PETER W.CARMAN,Vice President
�' ,a „9 �" syr/ \ ..._:;,+° �.t` ,p � � •! '
State of Maryland
City of Baltimore THOMAS E.HUIBREGTSE,Assistant Secretary
On this 3rd day of May 2004 before me, the undersigned officer, personally appeared Peter W.Carman and
Thomas E. Huibregtse,who acknowledged themselves to be the Vice President and Assistant Secretary,respectively,of Seaboard Surety Company,St, Paul Fire and
Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,United States Fidelity and Guaranty Company.Fidelity and
Guaranty Insurance Company,and Fidelity and Guaranty Insurance Underwriters,Inc.;and that the seals affixed to the foregoing instrument are the corporate seals of
said Companies;and that they,as such, being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing the names of the
corporations by themselves as duly authorized officers.
p EAS(Flt�
Nor RY ti
In\WWhereof,hereof, I hereunto set my hand and official seal. ua
P �
C
My Commission expires the Ist day of July.2006. bio �o CREBECCA L-ASLEY-ONOKALA,Notary Public
Hf rtY
86203 Rev.7-2002 Printed in U.S.A.
StPaulSurety
IMPORTANT NOTICE:
To obtain information or make a complaint:
You may contact the Texas Department of Insurance to obtain information on companies, coverages,rights
or complaints at:
1-800-252-3439
You may write the Texas Department of Insurance at:
P.O. Box 149104
Austin,TX 78714-9104
FAX# 1-512-475-1771
Your notice of claim against the attached bond may be given to the surety company that issued the bond by
sending it to the following address:
Mailing Address: St. Paul Surety Claim
P.O. Box 4689
Federal Way, WA 98063-4689
Physical Address: St. Paul Surety Claim
31919 First Avenue South
Suite 100
Federal Way, WA 98003
You may also contact the St. Paul Surety Claim office by telephone at:
Telephone Number: 1-253-945-1545
PREMIUM OR CLAIM DISPUTES:
If you have a dispute concerning a premium, you should contact the agent fust. If you have a dispute
concerning a claim, you should contact the company first. If the dispute is not resolved, you may contact
the Texas Department of Insurance.
ATTACH THIS NOTICE TO YOUR BOND:
This notice is for information only and does not become a part or condition of the attached document.
The StPaul Companies
Seaboard Surety Company
St. Paul Fire and Marine Insurance Company
St. Paul Guardian Insurance Company
St. Paul Mercury Insurance Company
United States Fidelity and Guaranty Company
Fidelity and Guaranty Insurance Company
Fidelity and Guaranty Insurance Underwriters, Inc.
DISCLOSURE NOTICE OF
TERRORISM INSURANCE COVERAGE
After the September 11, 2001 collapse of the World Trade Center, some insurance and reinsurance
companies excluded coverage for terrorist events from their policies. The economy was affected, to the
extent that $15 billion dollars of new construction was cancelled or delayed. As an economic aid the
Federal Government has enacted the Terrorism Risk Insurance Act of 2002. As part of the act, we are
required to notify you that subject to the terms and conditions as stated in your applicable bond forms,
coverage for losses sustained by acts of terrorism is already included in your current bond. Effective
November 26, 2002, under your existing bond, losses caused by certified acts of terrorism as defined in the
Terrorism Risk Insurance Act of 2002 would be partially reimbursed by the Federal Government under a
formula established by federal law. Under this formula, the Federal Government pays 90% of covered
terrorism losses exceeding the statutorily established deductible paid by the insurance company providing
the coverage.
Under the current bond, that portion of your premium that is attributable to coverage for acts of terrorism is
$0.
CITY OF FORT WORTH, TEXAS
CONTRACT
rSTATE OF TEXAS §
KNOW ALL MEN BY THESE PRESENTS:
r COUNTY OF TARRANT §
5� �c—.bay �
That this agreement, made and entered into this the L day of ,�P ,A.D. 2019,_ by and between
the CITY OF FORT WORTH,a municipal corporation of Tarrant County,Texas,organized and existing under and
by virtue of a special charter adopted by the qualified voters within said City on the 11 th day of December,A.D.
1924,under the authority of the Constitution of Texas,and in accordance with a resolution duly passed at a regular
meeting of the City Council of said City,and the City of Fort Worth being hereafter termed Owner,and
, hereinafter called Contractor.
rWITNESSETH:That said parties have agreed as follows:
1.
rThat for and in consideration of the payments and agreements hereinafter mentioned to be made and
performed by the Owner, and under the conditions expressed in the bond bearing even date herewith, the said
Contractor hereby agrees with the said Owner to commence and complete the construction of certain improvements
described as follows:
Meadowbrook golf Course Dredging
r
r 2.
That the work herein contemplated shall consist of furnishing all labor, tools, appliances and materials
necessary for the construction and completion of said project in accordance with the Plans and Specifications
heretofore prepared by the Parks and Community Services Department of the City of Fort Worth and adopted by the
City Council of said City, as an independent contractor,and which plans and specifications are incorporated herein
by reference.
3.
The Contractor hereby agrees and binds himself to commence the construction of said
work within ten(10) days after being notified in writing to do so by the
Department of Engineering Director of the City of Fort Worth.
4.
The Contractor hereby agrees to prosecute said work with reasonable diligence after the commencement
thereof and to fully complete and finish the same ready for the inspection and approval of the Department of
Engineering Director of the City of Fort Worth and the City Council of the City of Fort Worth within a period of 45
Calendar Days from the time of commencing said work; that said Contractor shall be entitled to an extension of
said time for doing said work for such time as he may necessarily lose or be delayed by unavoidable accidents
caused by unforeseen matters over which said Contractor has no control,such as inclemency in the weather,acts of
Providence, labor strikes and delivery of materials, in all of which cases the negligence or carelessness of the
Contractor is not contributing to such delay.
5.
rShould the Contractor fail to begin the work herein provided for within the time herein fixed or to carry
on and complete the same according to the true meaning of the intent and terms of said specifications,then the City
shall have the right to take charge of and complete the work in such a manner as it may deem proper,a ^
completion thereof,the cost to the said City shall exceed the contract price or prices set forth in the sai r Fit bf5ORR
, . RENAL "
d
specifications made a part hereof, the Contractor shall pay said City on demand in writing,setting forth and
specifying an itemized statement of the total cost thereof,said excess cost.
6.
CONTRACTOR'S RESPONSIBILITY FOR DAMAGE CLAIMS: Contractor covenants and agrees to
indemnify City's engineer and architect,and their personnel at the project site for Contractor's sole negligence. In
addition,Contractor covenants and agrees to indemnify,hold harmless and defend, at its own expense, the Owner,
its officers,servants and employees, from and against any and all claims or suits for property loss,property damage,
personal injury, including death,arising out of,or alleged to arise out of, the work and services to be performed
hereunder by Contractor,its officers,agents,employees, subcontractors, licensees or invitees, whether or not any
such injury,damage or death is caused, in whole or in part, by the negligence or alleged negligence of Owner, its
officers,servants,or employees.Contractor likewise covenants and agrees to indemnify and hold harmless the
Owner from and against any and all injuries to Owner's officers, servants and employees and any damage, loss or
destruction to property of the Owner arising from the performance of any of the terms and conditions of this
contract,whether or not any such injury or damage is caused in whole or in part by the negligence or alleged
negligence of Owner, its officers,servants or employees.
In the event Owner receives a written claim for damages against the Contractor or its subcontractors prior to final
payment, final payment shall not be made until Contractor either(a)submits to Owner satisfactory evidence that the
claim has been settled and/or a release from the claimant involved,or(b)provides Owner with a letter from
Contractor's liability insurance carrier that the claim has been referred to the insurance carrier.
The Director may, if he deems it appropriate,refuse to accept bids on other City of Fort Worth public work from a
Contractor against whom a claim for damages is outstanding as a result of work performed under a City Contract_
7.
The Contractor agrees,on the execution of this Contract,and before beginning work,to make,execute
and deliver to said City of Fort Worth good and sufficient surety bonds for the faithful performance of the terms and
stipulations of the contract, including the exhibit attached hereto and made a part hereof and such bonds shall be 100
percent of the total contract price, and the said surety shall be a surety company duly and legally authorized to do
business in the State of Texas,and acceptable to the City Council of the City of Fort Worth.
8
Said City agrees and binds itself to pay,and the said Contractor agrees to receive, for all of the aforesaid
work,and for all additions thereto or deductions therefrom, the price shown on the proposal submitted by the
successful bidder hereto attached and made a part hereof.
9.
It is further agreed that the performance of this Contract,either in whole or in part, shall not be sublet or
assigned to anyone else by said Contractor without the written consent of the Department of Engineering Director of
said City of Fort Worth.
10.
The Contractor agrees to pay at least the minimum wage per hour for all labor as the same is classified,
promulgated and set out by the City of Fort Worth,Texas,a copy of which is attached hereto and made a part hereof
the same as if it were copied verbatim herein.
11,
It is mutually agreed and understood that this agreement is made and entered into by the parties hereto
with reference to the existing Charter and Ordinances of the City of Fort Worth and the laws of the State of Texas
with reference to and governing all matters affecting this Contract,and the Contractor agrees to fully comply with
all the provisions of the same.
IN WITNESS WHEREOF, the City of Fort Worth has caused this instrument to be signed in triplicate in
its name and on its behalf by the City Manager and attested by its Secretary, with the corporate seal of the City of
Fort Worth attached. The Contractor has executed this instrument through its duly authorized officers in three
counterparts with its corporate seal attached.
Done in Fort Worth,Texas, this the day of e �'" ,A.D. 20
RECOMMENDED BY: PROVEDEPAR ENT OF ENGINEERING TY S CES
DIRECTOR RECTOR
CITY OF FORT'-WORTH ATTEST:
By:
�1'CITY MhNAGER C SECRETARY
CONTRACTOR
rBy: l' /1 CaZ"7'-'
SEAL
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TITLE
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ADDRESS APPROVA AS')rE?F ,Raul AND LEGALITY
Ph
A SISTANT CITY ATTORNEY
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November 1960
Revised November 1982
Revised May 1986
~" Revised October 1989 _ f�n nnP,
' )n - act Auth ri ation
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Date
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