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HomeMy WebLinkAboutContract 46076 ti.• Clay!Ecw v�l�hZT . FORTWORTH PROJECT MANUAL FOR THE CONSTRUCTION OF WATER & SANITARY SEWER RELOCATIONS FOR THE TRINITY RIVER VISION — CENTRAL CITY PROJECT & THE TRINITY UPTOWN SERVICE AREA PHASE 2B — BRIDGE & CHANNEL RELOCATIONS PART 7 - GATEWAY SITE E SANITARY SEWER RELOCATIONS CITY PROJECT No. 00969 WATER PROJECT No. P265-609170096989 SEWER PROJECT No. P275-709170096989 DOE No. 7051 Betsy Price Tom Higgins Mayor City Manager � ` S. Frank Crumb, P.E. o E OF �e1 —�a, OF 1' °°°t1� Director, Water Department ��y�P,,•• ••F-!,9��+ 40 Or m * s Prepared for %CHRISTOPHER i �,.°.p........«.».«..«.A°. The City of Fort Worth �•••.;........HER 0. BITTER s i JOSH KERCHO 0 11418 7'•i ••••••••••«••°••••"" °'� Water Department i of 113002 i �� �I1 b.;SX/CENSEO it '°••.. .°•' e 2014 �W' RtL ..'" S ' 1 Prepared by. C=Fj Kimley-Horn ® and Associates, Inc. I. Texas Registered Engineering Firm F-928 Texas Registered Engineering Firm F-7986 F KHA No.061018052 NRECORD C ARY RECE/VE p 0 tit lrX CT 2 9 005243-1 Agreement Page 1 of 4 1 SECTION 00 52 43 2 AGREEMENT 3 THIS AGREEMENT, authorized on 23 September.2014 is made by and between the City of 4 Fort Worth, a Texas home rule municipality, acting by and through its duly authorized City 5 Manager, ("City"), and ARK CONTRACTING SERVICES.L.L.0 , authorized to do business 6 in Texas, acting by and through its duly authorized representative, ("Contractor"). 7 City and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as 8 follows: 9 Article 1.WORK 10 Contractor shall complete all Work as specified or indicated in the Contract Documents for the 11 Project identified herein. 12 Article 2.PROJECT 13 The project for which the Work under the Contract Documents may be the whole or only a part is 14 generally described as follows: 15 Water and Sanitary Sewer Main Relocations for the Trinity River Vision—Central City 16 Project and the Trinity Uptown Service Area Phase 2B-Bridge and Channel Relocations, 17 Part 7—Gateway Site E Sanitary Sewer Relocations. �* 18 City Project No. 0969 DOE 7051 19 Article 3. CONTRACT TIME 20 3.1 Time is of the essence. 21 All time limits for Milestones, if any, and Final Acceptance as stated in the Contract 22 Documents are of the essence to this Contract. w 23 3.2 Final Acceptance. 24 The Work will be complete for Final Acceptance within 240 Calendar days after the date 25 when the Contract Time commences to run as provided in Paragraph 2.03 of the General 26 Conditions. 27 3.3 Liquidated damages 28 Contractor recognizes that time is of the essence of this Agreement and that City will 29 suffer financial loss if the Work is not completed within the times specified in Paragraph 30 3.2 above, plus any extension thereof allowed in accordance with Article 12 of the 31 General Conditions. The Contractor also recognizes the delays, expense and difficulties 32 involved in proving in a legal proceeding the actual loss suffered by the City if the Work 33 is not completed on time. Accordingly, instead of requiring any such proof, Contractor 34 agrees that as liquidated damages for delay (but not as a penalty), Contractor shall pay 35 City One Thousand and Two Hundred and Fifty Dollars and No cents ($1,250.00) for 36 each day that expires after the time specified in Paragraph 3.2 for Final Acceptance until - 37 the City issues the Final Letter of Acceptance. CITY OF FORT WORTH TRV PART 7-GATEWAY SITE E STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS SANITARY SEWER RELOCATIONS Revised June 4,2012 City Project No.0969 005243-2 Agreement Page 2 of 4 38 Article 4. CONTRACT PRICE 39 City agrees to pay Contractor for performance of the Work in accordance with the Contract 40 Documents an amount in current funds of THREE N ZILLION.THIRTY THREE 41 THOUSAND,TWO HUNDRED AND SEVENTY THREE DOLLARS AND NO CENTS 42 ($3,033.273.00). 43 Article 5. CONTRACT DOCUMENTS 44 5.1 CONTENTS: 45 A.The Contract Documents which comprise the entire agreement between City and 46 Contractor concerning the Work consist of the following: 47 1. This Agreement. 48 2. Attachments to this Agreement: 49 a. Bid Form 50 1) Proposal Form 51 2) Vendor Compliance to State Law Non-Resident Bidder 52 3) Prequalification Statement 53 4) State and Federal documents(project speck) 54 b. Current Prevailing Wage Rate Table 55 c. Insurance ACORD Form(s) 56 d. Payment Bond 57 e. Performance Bond 58 f. Maintenance Bond 59 g. Power of Attorney for the Bonds 60 h. Worker's Compensation Affidavit 61 i. MWBE Commitment Form 62 3. General Conditions. 63 4. Supplementary Conditions. 64 5. Specifications specifically made a part of the Contract Documents by attachment 65 or, if not attached, as incorporated by reference and described in the Table of 66 Contents of the Project's Contract Documents. 67 6. Drawings. - 68 7. Addenda. 69 8. Documentation submitted by Contractor prior to Notice of Award. 70 9. The following which may be delivered or issued after the Effective Date of the 71 Agreement and, if issued, become an incorporated part of the Contract Documents: 72 a. Notice to Proceed. 73 b. Field Orders. 74 c. Change Orders. 75 d. Letter of Final Acceptance. 76 77 CITY OF FORT WORTH TRV PART 7-GATEWAY SITE E STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS SANITARY SEWER RELOCATIONS Revised June 4,2012 City Project No.0969 005243-3 Agreement Page 3 of 4 78 Article 6.MDENEVMCATION 79 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own 80 expense, the city, its officers, servants and employees, from and against any and all 81 claims arising out of, or alleged to arise out of, the work and services to be performed 82 by the contractor, its officers, agents, employees, subcontractors, licenses or invitees 83 under this contract. This indemnification provision is specifically intended to operate 84 and be effective even if it is alleged or proven that all or some of the damages being 85 sought were caused,in whole or in part, by any act, omission or negligence of the city. 86 This indemnity provision is intended to include, without limitation, indemnity for 87 costs,expenses and legal fees incurred by the city in defending against such claims and 88 causes of actions. 89 90 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, 91 the city,its officers,servants and employees,from and against any and all loss,damage 92 or destruction of property of the city,arising out of,or alleged to arise out of,the work 93 and services to be performed by the contractor, its officers, agents, employees, 94 subcontractors, licensees or invitees under this contract. This indemnification 95 provision is specifically intended to operate and be effective even if it is alleged or 96 proven that all or some of the damages being sought were caused, in whole or in part, 97 by any act,omission or negligence of the city. 98 99 Article 7.A ISCELLANEOUS 100 7.1 Terms. 101 Terms used in this Agreement which are defined in Article I of the General Conditions will 102 have the meanings indicated in the General Conditions. * 103 7.2 Assignment of Contract. 104 This Agreement, including all of the Contract Documents may not be assigned by the 105 Contractor without the advanced express written consent of the City. 106 7.3 Successors and Assigns. 107 City and Contractor each binds itself, its partners, successors, assigns and legal 108 representatives to the other party hereto, in respect to all covenants, agreements and 109 obligations contained in the Contract Documents. 110 7.4 Severability. 111 Any provision or part of the Contract Documents held to be unconstitutional, void or 112 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all 113 remaining provisions shall continue to be valid and binding upon CITY and 114 CONTRACTOR. 115 7.5 Governing Law and Venue. 116 This Agreement, including all of the Contract Documents is performable in the State of 117 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the 118 Northern District of Texas,Fort Worth Division. CITY OF FORT WORTH TRV PART 7-GATEWAY SITE E STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS SANITARY SEWER RELOCATIONS '"' Revised June 4,2012 City Project No.0969 R. 005243-4 Agreement m`" Page 4 of 4 119 7.6 Other Provisions. �. 120 The Contractor agrees to pay at least minimum wage per hour for all labor as the same is 121 classified, promulgated and set out by the City, a copy of which is attached hereto and 122 made a part hereof the same as if it were copied verbatim herein. 123 7.7 Authority to Sign. 124 Contractor shall attach evidence of authority to sign Agreement, if other than duly 125 authorized signatory of the Contractor. 126 127 IN WITNESS WHEREOF, City and Contractor have executed this Agreement in multiple 128 counterparts. 129 130 This Agreement is effective as of the last date signed by the Parties 131 Contractor: City of Fort Worth Ark Contracting Services,L.L.C. By. Fernando Costa B Assistant City Manager ( gnature) �+ Date /O $ / Attest: .+ (Printed Name) ayser, VSecretary (Seal) .� OF P Title: es/.01'0"l Address: H Vick ZD S. prr►c v 8 M&C l;— �o dfpnr' A Date: 4 -23 (y 0 o�y 0 000000°°� eq S City/State/Zip: k��,vv��,,,�v� 7 71,dGv Approved as to Form and Legali _ Date Douglas . Black Assistant City Attorney 132 133 134 APP RE CO 135 136 137 138 Andy Cronberg 139 ACTING DMCTOR, 140 OFFICIAL RECORD Water Department 141 CITE'SECRETARY FT, WORTHO TX CITY OF FORT WORTH TRV PART 7-GATEWAY SITE E STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS SANITARY SEWER RELOCATIONS Revised June 4,2012 City Project No.0969 006113-1 PERFORMANCE BOND Page 1 of 2 Bond #CA 3159055 1 SECTION 00 6113 2 PERFORMANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we,ARK Contracting Services L.L.C.,known as"Principal"herein and Great American su 8 of New York ,a corporate surety(sureties, if more than one)duly authorized to do business in 9 the State of Texas,known as"Surety"herein(whether one or more), are held and firmly bound 10 unto the City of Fort Worth, a municipal corporation created pursuant to the laws of Texas, 11 known as"City"herein, in the penal sum of, THREE MILLION,THIRTY THREE 12 THOUSAND,TWO HUNDRED AND SEVENTY THREE DOLLARS AND NO CENTS 13 ($3,033,273.00) lawful money of the United States,to be paid in Fort Worth,Tarrant County, 14 Texas for the payment of which sum well and truly to be made,we bind ourselves, our heirs, 15 executors,administrators, successors and assigns,jointly and severally,firmly by these presents. 16 WHEREAS,the Principal has entered into a certain written contract with the City 17 awarded the 23 day of September,2014,which Contract is hereby referred to and made a part 18 hereof for all purposes as if fully set forth herein,to furnish all materials,equipment labor and a 19 other accessories defined by law, in the prosecution of the Work,including any Change Orders, 20 as provided for in said Contract designated as Rater and Sanitary Sewer Main Relocations for 21 the Trinity River Vision—Central City Project and the Trinity Uptown Service Area Phase 2B- _ 22 Bridge and Channel Relocations,Part 7—Gateway Site E Sanitary Sewer Relocation,City 23 Project Number 0969. NOW,THEREFORE,the condition of this obligation is such that if the 24 said Principal shall faithfully perform it obligations under the Contract and shall in all respects 25 duly and faithfully perform the Work,including Change Orders,under the Contract, according to 26 the plans, specifications, and contract documents therein referred to, and as well during any 27 period of extension of the Contract that may be granted on the part of the City,then this 28 obligation shall be and become null and void,otherwise to remain in full force and effect. 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 31 Worth Division. CITY OF FORT WORTH TRV PART—GATEWAY SITE E STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS SANITARY SEWER RELOCATIONS Revised July 1,2011 City Project No.0969 0061 13-2 PERFORMANCE BOND Page 2 of 2 1 This bond is made and executed in compliance with the provisions of Chapter 2253 of the r. 2 Texas 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 5 this instrument by duly authorized agents and officers on this the 23 day of September.2014. 6 PRINCIPAL: 7 Ark Contracting Services, LLC 8 9 10 BY: 11 i afore 12 ST: 13 14 Steven C. Bowman, President 15 c al) c etary Name and Title Z 16 17 Address: 420 S Dick Price Road 18 Kennedale, TX 76060 19 20 Qi- 21 Witness as to Principal 22 SURETY: 23 Great American Insurance Company 24 25 26 27 Signature 28 29 Tracy Tucker, Attorney—in—Fact 30 Name and Title 31 32 Address: 900 Summit Ave. 33 Ft Worth. TX 76102 34 35 36 Witness as to Surety Telephone Number: 817/336-8520 37 38 39 40 *Note: If signed by an officer of the Surety Company,there must be on file a certified extract 41 from the by-laws showing that this person has authority to sign such obligation. If v 42 Surety's physical address is different from its mailing address, both must be provided. 43 The date of the bond shall not be prior to the date the Contract is awarded. CITY OF FORT WORTH TRV PART—GATEWAY SITE E STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS SANITARY SEWER RELOCATIONS Revised July 1,2011 City Project No.0969 006114-1 PAYMENT BOND Page 1 of 2 Bond #CA 3159055 1 SECTION 00 6114 2 PAYMENT BOND 3 F 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we, ARK Contracting Services, L.L.C., known as "Principal" herein, and 8 Great American Insurance Company of New York a corporate surety 9 (sureties), duly authorized to do business in the258- State of Texas, known as "Surety" herein 10 (whether one or more), are held and firmly bound unto the City of Fort Worth, a municipal 11 corporation created pursuant to the laws of the State of Texas, known as "City" herein, in the 12 penal sum of THREE MULLION, TIURTY THREE THOUSAND, TWO HUNDRED AND 13 SEVENTY THREE DOLLARS AND NO CENTS ($3,033,273.00) lawful money of the 14 United States, to be paid in Fort Worth, Tarrant County, Texas, for the payment of which sum 15 well and truly be made, we bind ourselves, our heirs, executors, administrators, successors and 16 assigns,jointly and severally,firmly by these presents: 17 WHEREAS,Principal has entered into a certain written Contract with City, awarded the 23 day 18 of September 2014, which Contract is hereby referred to and made a part hereof for all purposes 19 as if fully set forth herein,to furnish all materials,equipment, labor and other accessories as 20 defined by law, in the prosecution of the Work as provided for in said Contract and designated as 21 Water and Sanitary Sewer Main Relocations for the Trinity River Vision—Central City Proiect - 22 and the Trinity Uptown Service Area Phase 2B-Bridge and Channel Relocations,Part 7— 23 Gateway Site E Sanitary Sewer Relocations, City Proiect 0969. 24 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if 25 Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in w 26 Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under 27 the Contract, then this obligation shall be and become null and void; otherwise to remain in full 28 force and effect. 29 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 30 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 31 accordance with the provisions of said statute. 32 CITY OF FORT WORTH TRV PART 7-GATEWAY SITE E STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS SANITARY SEWER RELOCATIONS Revised July 1,2011 City Project No.1964 0061 14-2 PAYMENT BOND "! Page 2 of 2 1 IN WITNESS WHEREOF,the Principal and Surety have each SIGNED and SEALED PM 2 this instrument by duly authorized agents and officers on this the 23 dal of September 2014 . 3 PRINCIPAL: Ark Contracting Services, LLC ATTEST: BY: i ature _ Steven C. Bowman, President rinc al)1cretary V Name and Title Address: 420 S Dick Price Road Kennedale, TX 76060 Witness as to Principal SURETY: Great American Insurance Company of New York ATTEST: B r�;gnature Y. Tracy Tucker, Attorney-in-Fact (Surety)Secretary Name and Title Address: 900 Summit Ave. Ft Worth, TX 76102 Witness as to Surety Telephone Number: 817/336-8520 4 5 Note: If signed by an officer of the Surety, there must be on file a certified extract from the 6 bylaws showing that this person has authority to sign such obligation. If Surety's physical 7 address is different from its mailing address,both must be provided. g 9 The date of the bond shall not be prior to the date the Contract is awarded. 10 END OF SECTION 11 CITY OF FORT WORTH TRV PART 7-GATEWAY SITE E STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS SANITARY SEWER RELOCATIONS Revised July 1,2011 City Project No.1964 0061 19-1 MAINTENANCE BOND Pagel of 3 Bond #CA 3159055 1 SECTION 00 6119 2 MAINTENANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we,ARK CONTRACTING SERVICES,L.L.C..,known as"Principal'herein and Great American Insurance Company 8 of New York ,a corporate surety(sureties,if more than one)duly authorized to do w 9 business in the State of Texas,known as"Surety"herein(whether one or more), are held and 10 firmly bound unto the City of Fort Worth,a municipal corporation created pursuant to the laws of 11 the State of Texas,known as"City"herein,in the sum of THREE MILLION,THIRTY 12 THREE THOUSAND,TWO HUNDRED AND SEVENTY THREE DOLLARS AND NO 13 CENTS($3,033,273.00),lawful money of the United States,to be paid in Fort Worth, Tarrant 14 County, Texas,for payment of which sum well and truly be made unto the City and its 15 successors,we bind ourselves, our heirs, executors,administrators,successors and assigns,jointly 16 and severally,firmly by these presents. 17 18 WHEREAS,the Principal has entered into a certain written contract with the City awarded the 19 23 day of September,2014,which Contract is hereby referred to and a made part hereof for all 20 purposes as if fully set forth herein,to furnish all.materials,equipment labor and other accessories 21 as defined by law,in the prosecution of the Work, including any Work resulting from a duly 22 authorized Change Order(collectively herein,the"Work")as provided for in said contract and 23 designated as Water and Sanitary Sewer Main Relocations for the Trinity River Vision.:-- 24 Central City Proiect and the Trinity Uptown Service Area Phase 211-Bridee and Channel 25 Relocations,Part 7—Gateway Site E Sanitary Sewer Relocations, City Proiect Number 0969; 26 and - 27 28 WHEREAS,Principal binds itself to use such materials and to so construct the Work in 29 accordance with the plans,specifications and Contract Documents that the Work is and will 30 remain free from defects in materials or workmanship for and during the period of two(2)years 31 after the date of Final Acceptance of the Work by the City("Maintenance Period"); and 32 w 33 WHEREAS,Principal binds itself to repair or reconstruct the Work in whole or in part 34 upon receiving notice from the City of the need therefor at any time within the Maintenance 35 Period. 36 CITY OF FORT WORTH TRV PART 7,GATEWAY SITE E STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS SANITARY SEWER RELOCATIONS Revised July 1,2011 City Project No.0969 FM 0061 19-2 MAINTENANCE BOND a' Page 2 of 3 1 NOW THEREFORE,the condition of this obligation is such that if Principal shall 2 remedy any defective Work, for which timely notice was provided by City, to a completion 3 satisfactory to the City, then this obligation shall become null and void; otherwise to remain in 4 full force and effect. 5 6 PROVIDED,HOWEVER, if Principal shall fail so to repair or reconstruct any timely 7 noticed defective Work, it is agreed that the City may cause any and all such defective Work to 8 be repaired and/or reconstructed with all associated costs thereof being borne by the Principal and 9 the Surety under this Maintenance bond; and 10 11 PROVIDED FURTHER,that if any legal action be filed on this Bond,venue shall lie in 12 Tarrant County,Texas or the United States District Court for the Northern District of Texas,Fort 13 Worth Division; and 14 15 PROVIDED FURTHER,that this obligation shall be continuous in nature and 16 successive recoveries may be had hereon for successive breaches. 17 18 r 19 C]TY OF FORT WORTH TRV PART 7,GATEWAY SITE E STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS SANITARY SEWER RELOCATIONS Revised July 1,2011 City Project No.0969 0061 19-3 MAINTENANCE BOND Ah. Page 3 of 3 1 IN WITNESS WHEREOF,the Principal and the Surety have each SIGNED and SEALED this 2 instrument by duly authorized agents and officers on this the 23 day of September,2014. 3 4 PRINCIPAL: 5 Ark Contractina Services, LC 6 7 8 BY: 9 la nture 10 A T: 11 12 Steven C. Bowman, President 13 rincip )S tary Name and Title 14 15 Address: 420 S Dick Price Road 16 Kennedale, TX 76060 17 A 18 . / ��✓ 19 Witness as to Principal 20 SURETY: 21 Great American Insurance Company 22 of New York 23 24 25 ign 26 27 Tracy Tucker, Attorney—in—Fact 28 ATTEST: Name and Title 29 30 Address: 900 Summit Ave. 31 (Surety)Secretary Ft Worth, TX 76102 - 32 33 34 Witness as to Surety Telephone Number: 817/336-8520 35 36 *Note: 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 bond shall not be prior to the date the Contract is awarded. 40 CITY OF FORT WORTH TRV PART 7,GATEWAY SITE E STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS SANITARY SEWER RELOCATIONS Revised July 1,2011 City Project No.0969 GREAT AMERICAN INSURANCE COMPANY OF NEW YORK New York Administrative Office:301 E 4TH STREET • CINCINNATI,OHIO 45202 • 513-369-5000 • FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than FIVE No.0 14893 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That the GREAT AMERICAN INSURANCE COMPANY OF NEW YORK,a corporation organized and existing under and by virtue of the laws of the State of New York,does hereby nominate,constitute and appoint the person or persons named below its true and lawful attorney-in-fact,for it and in its name,place and stead to execute on behalf of the said Company,as surety,any and all bonds,undertakings and contracts of suretyship,or other written obligations in the nature thereof;provided that the liability of the said Company on any such bond,undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power TRACY TUCKER STEVEN TUCKER ALL OF ALL W.LAWRENCE BROWN BENNETT BROWN FORTH WORTH, $100,000,000.00 KEVIN J.DUNN TEXAS This Power of Attorney revokes all previous powers issued on behalf of the attorney(s)-in-fact named above. IN WITNESS WHEREOF,the GREATAMERICAN INSURANCE COMPANY OF NEW YORK has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 15TH day of MAY 1 2014 Attest GREAT AMERICAN INSURANCE COMPANY OF NEW YORK SEAL wNwr. (— C Assistant Secretary Divisions!Senior Yrce President DAVID C.KITCHIN(877-377-2405) STATE OF OHIO,COUNTY OF HAMILTON-ss: On this 15TH day of MAY 2014 ,before me personally appeared DAVID C.KITCHIN,tome known, being duly sworn,deposes and says that he resides in Cincinnati,Ohio,that he is a Divisional Senior Vice President of the Bond Division of Great American Insurance Company of New York,the Company described in and which executed the above instrument; that he knows the seal;that it was so affixed by authority of his office under the By-Laws of said Company, and that he signed his name thereto by like authority. Shills Cklift NQ*Pubic,Sfax Of 0W My CORM M M Exp 0"20f 5 This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company of New York by unanimous written consent dated May 14,2009. RESOLVED: That the Divisional President,the several Divisional Senior Vice Presidents,Divisional Vice Presidents and Divisional Assistant Vice Presidents,or any one of them,be and hereby is authorized,from time to time, to appoint one or more Attorneys-in-Fact to execute on behalf of the Company,as surety,any and all bonds,undertakings and contracts of suretyship,or other written obligations in the nature thereof,to prescribe their respective duties and the respective limits of their authority,•and to revoke any such appointment at any time. RESOLVED FURTHER:That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to any power of attomey or certificate of either given for the execution of any bond, undertaking,contract of suretyship,or other written obligation in the nature thereof,such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION I,STEPHEN C.BERAHA,Assistant Secretary of Great American Insurance Company of New York,do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of May 14, 2009 have not been revoked and are now in full force and effect. Signed and sealed this 23rd day of September 2014 SEAL 44.. o. :3 Assistant Secretary ` S1 185J 02/13) r Great American Insurance Company of New York GREATAMERICAN, Great American Alliance Insurance Company INSURANCE GROUP Great American Insurance Company 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 by certified or registered mail to the following address: Mailing Address: Great American Insurance Company °" P.O. Box 2119 Cincinnati, Ohio 45202 Physical Address: Great American Insurance Company 301 E. Fourth Street Cincinnati, Ohio 45202 You may also contact the Great American Insurance Company Claim office by: Fax: 1-888-290-3706 " Telephone: 1-513-369-5091 Email: bondclaims @gaic.com PREMIUM OR CLAIM DISPUTES: If you have a dispute concerning a premium, you should contact the agent first. 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. F.9667A(3/11) A�® CERTIFICATE OF LIABILITY INSURANCE 10j2i20 YY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS 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 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). NT PRODUCER NAMEACT Cindy Soule ]Tucker Agency, Ltd. PHONE (817)336-8520 FAX . (817)336-6501 P 0 Box 2285 E-MAIL .cindys @tuckeragency.com INSURERS AFFORDING COVERAGE NAIC# Ft. Worth TX 76113 INSURERA:Travelers Lloyds Ins Co. 41262 INSURED INSURERB:Travelers Property Casualty 5674 Ark Contracting Services LLC INSURERC:Travelers Ind Co of CT 25682 420 S. Dick Price Road INSURER D: INSURER E: Kennedale 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 ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADD SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMA E TO RENTED 300 000 r X COMMERCIAL GENERAL LIABILITY MI a occurrence) $ r A CLAIMS-MADE D OCCUR C05547C109 9/1/2014 9/1/2015 MED EXP(Any one person) $ 10,000 X XCU Coverage Included PERSONAL&ADV INJURY $ 1,000,000 l GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 POLICY X PRO LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT a accid no $ 1,000,000 B X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BA7444C349 9/1/2014 9/1/2015 BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PPROPERTeY DAMAGE $ X HIRED AUTOS X AUTOS X UMBRELLA LIAB X OCCUR - EACH OCCURRENCE $ 4,000,000 C EXCESS LIAB CLAIMS-MADE AGGREGATE $ 4,000,000 X DED RETENTION$ 10,00 UP 5460B87A 9/1/2014 9/1/2015 $ { C WORKERS COMPENSATION X WC SLIMIT FR AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N E.L.EACH ACCIDENT $ 1,000,000 OFFICERIMEMBER EXCLUDED? a NIA B762G4423 9/1/2014 9/1/2015 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEEI$ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT 1$ 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,H more apace Is required) City Project #00969 Water and Sanitary Sewer Relocations for the Trinity River Vision - Central City Project & The Trinity Uptown Service Area Phase 2B - Bridge 6 Channel Relocations -- The City of Fort Worth, its officers, employees and servants are additional insureds for general liability and automobile liability on a primary and non-contributory basis where required by written contract. Waiver of subrogation in favor of the City of Fort Worth applies as respects workers' compensation coverage. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN f ACCORDANCE WITH THE POLICY PROVISIONS. City of Fort Worth J Water Department AUTHORIZED REPRESENTATIVE 1000 Throckmorton Street Fort Worth, TX 76102 Tracy Tucker/CINDY -� ACORD 25(2010!05) ©1988-2010 ACORD CORPORATION. All rights reserved. INS025(201105).01 The ACORD name and logo are registered marks of ACORD FM M&C Review Page 1 of 2 wr Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FoR, irN COUNCIL ACTION: Approved on 9/23/2014 DATE: 9/23/2014 REFERENCE NO.: C-27017 LOG NAME: 60TRVP7-ARF CODE: C TYPE: NON-CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Execution of a Contract with Ark Contracting Services, LLC, in the Amount of $3,033,273.00 for Water and Sanitary Sewer Main Relocations for the Trinity River Vision Central City Project and the Trinity Uptown Service Area Phase 213-Bridge and Channel Relocations, Part 7, Gateway Site E Sanitary Sewer Relocations, and Provide for Project Costs and Contingencies for a Project Total in the Amount of$3,165,273.00, Consistent with the City's Limit of$26.6 Million on Expenditures for the Trinity River Vision Project (COUNCIL DISTRICTS 4 and 8) RECOMMENDATION: It is recommended that the City Council authorize the execution of a contract in the amount of $3,033,273.00 with Ark Contracting Services, LLC, for Water and Sanitary Sewer Main Relocations for the Trinity River Vision - Central City project and the Trinity Uptown Service Area Phase 2B- bridge and channel relocations, Part 7, Gateway Site E sanitary sewer relocations and provide for project costs and contingencies for a project total in the amount of$3,165,273.00, consistent with the City's limit of$26.6 million on expenditures for the Trinity River Vision project. ^- DISCUSSION: On April 15, 2008, (M&C C-22765) the City Council authorized an Engineering Agreement with Kimley-Hom and Associates, Inc., for water and sanitary sewer main relocations for the Trinity River Vision (TRV) —Central City Project and the Trinity Uptown Service Area Phase 1 - Bridge and Channel Relocations. -. The Agreement was subsequently revised by three amendments as follows: Amendment No. 1 (M&C C-25303, November 15, 2011) for Phase 2A-Water and Sanitary Sewer Main Relocations for the Trinity River Vision -Central City Project and the Trinity Uptown Service i Area-Main Street, White Settlement Road and Ham Branch Study; and Amendment No. 2 (M&C C-26276, May 21, 2013) for Phase 2B -Water and Sanitary Sewer Main Relocations for the Trinity River Vision -Central City Project and the Trinity Uptown Service Area- Ham Branch, Segment B, Riverside Park and Gateway Park; and Amendment No. 3 (M&C C-26838, June 10, 2014) for Phase 3-Water and Sanitary Sewer Main Relocations for the Trinity River Vision -Central City Project and the Trinity Uptown Service Area- Gateway/Oxbow Valley Storage Site E and Channel Segments A, B, C and D. This project, Part 7, provides for the relocation for Sanitary Sewer Main M-126 that is in direct conflic with proposed Gateway Valley Storage Site E located at the south east intersection of the West Fork Trinity River and Beach Street. The existing ground will be lowered approximately 15 feet to create the Valley Storage resulting in conflict with the sewer main. The project was advertised for bid on June 26, 2014 and July 3, 2014, in the Fort Worth Star- Telegram. On August 7, 2014, the following bids were received: httD://apps.cfwnet.org/council_packet/mc review.asp?ID=20303&councildate=9/23/2014 9/29/2014 �- M&C Review Page 2 of 2 Bidders jBidArnount Time of Completion Y, S.J. Louis Construction of Texas, 1$2,950,010.92 240 Calendar Days Ark Contracting Services, LLC $3,033,273.00 Mountain Cascade $5,268,507.00 *S.J. Louis Construction of Texas, Ltd, has been declared a non-responsive bidder due to its failure to list a pre-qualified horizontal directional drilling contractor at the time of bid opening as was — required by the City for this project. In addition to the contract amount, $41,000.00 is required for project management, material testing, and inspection and $91,000.00 is provided for change order contingencies. Of the $3,033,273.00 cost of this contract, $441,200.00 is considered TRV-related while the remaining $2,592,073.00 is considered non-TRV related. Because the City has contracted for its $26.6 million commitment to the TRV Project, the City will be reimbursed for its TRV-related portion i $441,200.00 through Tarrant County Reimbursements for the TRV Project, in Fiscal Year 2015. MM/BE Office -Ark Contracting Services, LLC, is in compliance with the City's BDE Ordinance by committing to nine percent MBE participation on this project. The City's MBE goal on this project is nine percent. This project is located in COUNCIL DISTRICTS 4 and 8, Mapsco 78B. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current Sewer Capital Projects Fund. TO Fund/Account/Centers FROM Fund/Account/Centers P275 541200 709170096989 $3.033,273.00 Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: S. Frank Crumb (8207) Additional Information Contact: Mark Rauscher (2446) Liam Conlon (6824) ATTACHMENTS 60TRVP7 ARK Map.pdf http://apps.cfwnet.org/council_packet/mc review.asp?ID=20303&councildate=9/23/2014 9/29/2014 ADDENDUM NO. 1 "- CITY OF FORT WORTH WATER DEPARTMENT WATER& SANITARY SEWER RELOCATIONS FOR THE TRINITY RIVER VISION- CENTRAL CITY PROJECT&THE TRINITY UPTOWN SERVICE AREA PHASE 211-BRIDGE &CHANNEL RELOCATIONS-PART 7 GATEWAY SITE E SANITARY SEWER RELOCATIONS City Project No. 00969 DOE No.7051 Addendum No. 1.Issue Date: July 21,.2014 Bid Receipt Date(revised): August 7,2014 This addendum forms part of the contract documents referenced above and modifies the original Contract Documents. Acknowledge receipt of this addendum by signing and attaching it to the Contract Documents (inside). Note receipt of the Addendum in the Bid Proposal and on the outer envelope of your bid. GENERAL • Per Section 00 21 13-Instructions to Bidders,"Each bidder unless currently prequalified,must be prepared to submit to City within fourteen(14)calendar days prior to Bid opening,the documentation identified in Section 00 45 11,BIDDERS PREQUALIFICATIONS." o As this Addendum changes the date of Bid opening,the prequalification submittal application deadline has been changed to July 24,2014. op SPECIFICATIONS • Specification 00 00 00-Table of Contents TECHNICAL SPECIFICATIONS WHICH HAVE BEEN MODIFIED BY THE ENGINEER ps SPECIF[CALLY FORTIES PROJECT: o Division 31-Earthwork ■ DELETE-3125 00 Erosion and Sediment Control ■ DELETE-3136 00 Gabions ■ DELETE-3137 00 Riprap • Specification 00 11 13-Invitation to Bidders RECEIPT OF BIDS: o The bid opening date is hereby changed to be August 7,2014. CONSTRUCTION PLANS • Sheet 4-DELETE Sheet 4 and REPLACE with Sheet 4A as attached. • Sheet 14-DELETE Sheet 14 and REPLACE with Sheet 14A as attached. • Sheet 18-DELETE Sheet 18 and REPLACE with Sheet l 8A as attached. e Sheet 19-DELETE Sheet 19 and REPLACE with Sheet 19A as attached. • Sheet 25-DELETE Sheet 25 and REPLACE with Sheet 25A as attached. ADDENDUM NO. 1 ADDENDUM NO. 1 All other provisions of the contract documents,plans and specifications shall remain unchanged. Failure to return a signed copy of the addendum with the Proposal shall be grounds for rendering the bid non-responsive. A signed copy of this addendum shall be placed into the Proposal at the time of bid submittal. Water Department S. Frank Crumb, P.E. > RECEIPT K OWLS ED: Director 4 B Y B Y 42M d011uk Tony Sholola,P.E. C. pan . t�e.�V�G�Ls1 Engineering Manager(Water Dept.) L�- ADDENDUM NO. 1 r oft ADDENDUM NO.2 CITY OF FORT WORTH WATER DEPARTMENT WATER&SANITARY SEWER RELOCATIONS FOR THE TRINITY RIVER VISION— CENTRAL CITY PROJECT&THE TRINITY UPTOWN SERVICE AREA PHASE 2B—BRIDGE & CHANNEL RELOCATIONS—PART 7 GATEWAY SITE E SANITARY SEWER RELOCATIONS City Project No. 00969 DOE No.7051 Addendum No. 1.Issue Date: July 31,2014 Bid Receipt Date(revised): August 7,2014 This addendum forms part of the contract documents referenced above and modifies the original Contract Documents. Acknowledge receipt of this addendum by signing and attaching it to the Contract Documents (inside): Note receipt of the Addendum in the Bid Proposal and on the outer envelope of your bid. r GENERAL Prequalified Horizontal Directional Drillers: o The following Horizontal Directional Drillers are prequalified to work on this project; however,prequalification for horizontal directional drilling for this project does not constitute prequalification for other projects within the City of Fort Worth: ■ Dakota Directional Drilling,Inc. ■ Northeast Service Inc.,d.b.a. Horton Tree Service • Parker Lane,LLC and Parker Lane Directional Drilling,Ltd. ■ Transamerican Underground, Ltd. 41P ■ Dolan Directional Drilling,Inc. • Although horizontal directional drillers for this project shall be limited to those listed above,the prime contractor shall bear full responsibility for the project. Listing of prequalified sub-contractors by the City shall not diminish the prime contractor's responsibility for the entire project,and shall be in accordance with the Unit Responsibility language set forth in Section 33 05 46.1.9.8.3. ADDENDUM NO.2 ADDENDUM NO.2 Failure to identify a prequalified Horizontal Directional Driller on the Bid Form (Section 00 41 00), shall result in the rejecting of the bid as non-responsive. t SPECIFICATIONS Specification 00 73 00--Supplementary Conditions SC-4.02A, "Subsurface and Physical Conditions" o SC-4.02A,"Subsurface and Physical Conditions": Hydrofracture analysis is not included in the Contract Documents, DELETE the fifth paragraph in its entirety. All other provisions of the contract documents,plans and specifications shall remain unchanged. 1� Failure to return a signed copy of the addendum with the Proposal shall be grounds for rendering the bid non-responsive. A signed copy of this addendum shall be placed into the Proposal at the time of bid submittal. Water Department S.Frank Crumb,P.E. RECEIPT AC EDG Director _ By: By: p n v Tony Sholola, PR y: �7G(V``1.�� Engineering Manager(Water Dept.) LLB ADDENDUM NO.2 ADDENDUM NO.3 �s CITY OF FORT WORTH WATER DEPARTMENT WATER&SANITARY SEWER RELOCATIONS FOR THE TRINITY RIVER VISION— CENTRAL CITY PROJECT&THE TRINITY UPTOWN SERVICE AREA PHASE 2B—BRIDGE &CHANNEL RELOCATIONS—PART 7 GATEWAY SITE E SANITARY SEWER RELOCATIONS City Project No.00969 DOE No. 7051 Addendum No.3 Issue Date: August 5,2014 Bid Receipt Date (revised): August 7,2014 This addendum forms part of the contract documents referenced above and modifies the original Contract Documents. Acknowledge receipt of this addendum by signing and attaching it to the Contract Documents (inside). Note receipt of the Addendum in the Bid Proposal and on the outer envelope of your bid. GENERAL • Prequalified Horizontal Directional Drillers: o The following Horizontal Directional Drillers are prequalified to work on this project; however, prequalification for horizontal directional drilling for this project does not constitute prequalification for other projects within the City of Fort Worth: ■ Dakota Directional Drilling, Inc. ■ Northeast Service Inc., d.b.a.Horton Tree Service ■ Parker Lane, LLC and Parker Lane Directional Drilling,Ltd. ■ Transamerican Underground,Ltd. ■ Dolan Directional Drilling, Inc. *' • Although horizontal directional drillers for this project shall be lijmited to those listed above, the prime contractor shall bear full responsibility for this project. Listing for prequalified sub- contractors by the City shall not diminish the prime contractor's responsibility for the entire project, and shall be in accordance with the Unit Responsibility language set forth in Section 33 05 46.1.9.B.3. • Failure to identify a prequalified Horizontal Directional Driller on the Bid Form(Section 00 4100), shall result in the rejecting of the bid as non-responsive. ADDENDUM NO.3 ADDENDUM NO,3 SPECIFICATIONS • Specification 00 00 00—Table of Contents TECHNICAL SPECIFICATIONS LISTED BELOW ARE INCLUDED FOR THIS PROJECT BY REFERENCE AND CAN BE VIEWED/DOWNLOADED FROM THE CITY'S BUZZSAW SIT-: ' o Division 02—Existing Conditions • ADD—02 41 15 Paving Removal o Division 32—Exterior huprovements • ADD—32 1133 Cement Treated Base Courses ■ ADD—32 12 16 Asphalt Paving PE • Specification 00 42 43—Proposal Form o The proposal form is hereby replaced with the form attached to this document. CONSTRUCTION PLANS • Sheet 4A—DELETE Sheet 4A and REPLACE with Sheet 4B as attached. • Sheet 13—DELETE Sheet 13 and REPLACE with Sheet 13A as attached. • Sheet 14A—DELETE Sheet 14A and REPLACE.with Sheet 14B as attached. • Sheet 18A—DELETE Sheet 18A and REPLACE with Sheet 18B as attached. • Sheet 19A—DELETE Sheet 19A and REPLACE with Sheet 19B as attached. .. • Sheet 25A—DELETE Sheet 25A and REPLACE with Sheet 25B as attached.. All other provisions of the contract documents,plans and specifications shall remain unchanged. Failure to return a signed copy of the addendum with the Proposal shall be grounds for rendering the bid non-responsive. A signed copy of this addendum shall be placed into the Proposal at the time of bid submittal. Water Department S.Frank Crumb, P.E. RECEIPT AC h EDGY Director By: By: LO v o Tony Sholola,P.E. om ly: Engineering Manager(Water Dept.) ADDENDUM NO.3