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HomeMy WebLinkAboutContract 46254 CITY S1=CMARY, r -r CON?R� 5 "'....- FORTWORTH PROJECT MANUAL FOR THE CONSTRUCTION OF WATER AND SANITARY SEWER REPLACEMENT CONTRACT 2014, WSM-D, PART 1 City Project No. 02385 DOE No. 7311 Water Project No.P253-605170238583 Sewer Project No. P258-705170238583 Betsy Price David Cooke Mayor City Manager Andrew T. Cronberg, P.E. Interim Director, Water Department iii Prepared for DAVID T.. . . s �1C4�`RECORD The City of Fort Worth ���.'� a..N� • AF E�pYpRY Water Department r Sf� ra col' 2014 I I 1 i)E m m TX REG ENGINEERING FIRM F-8794 RECEIVED DEC 16 pM, M&C Review Page I of 3 i1. Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FORTWouti COUNCIL ACTION: Approved on 12/9/2014 - Ordinance Nos. 21573-12-2014 & 21574-12-2014 DATE: 12/9/2014 REFERENCE NO.: **C-27115 LOG NAME: 6014WSMDPl-ARK CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Execution of a Contract with Ark Contracting Services, LLC, in the Amount of $1,181,450.00 for Water and Sanitary Sewer Replacement Contract 2014 WSM-D, Part on Catherine Street, Grande Court, Panola Avenue and Weiler Boulevard, Provide for Project Costs and Contingencies for a Project Total in the Amount of$1,268,450.00 and Adopt Appropriation Ordinances (COUNCIL DISTRICT 5) RECOMMENDATION: It is recommended that the City Council: 1. Authorize the transfer of$1,268,450.00 from the Water and Sewer Operating Fund in the amount of$750,498.00 to the Water Capital Projects Fund and in the amount of$517,952.00 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$750,498.00 and the Sewer Capital Projects Fund in the amount of$517,952.00 from available funds; and �. 3. Authorize the execution of a contract with Ark Contracting Services, LLC in the amount of $1,181,450.00 for Water and Sanitary Sewer Replacement Contract 2014 WSM-D, Part 1. DISCUSSION: I On September 9, 2014, (M&C C-26960) the City Council authorized an Engineering Agreement with Wade Trim, LLC, to prepare the plans and specifications for Water and Sanitary Sewer Replacemen Contract 2014, WSM-D. This Mayor and Council Communication is to authorize a construction contract for the replacement o the deteriorated water and sanitary sewer mains on the following streets: STREET FROM ITO Catherine Street Panola Avenue Lancaster Avenue Grande Court Weiler Boulevard Winnie Street Panola Avenue South Edgewood Terrace Tierney Road Weiler Boulevard Old Hanley Road Hiett Court The project was advertised for bid on October 16, 2014 and October 23, 2014 in the Fort Worth Star. Telegram. On November 6, 2014 the following bids were received: r it k revie s ?ID=20565 c uncildate=12/9/2014 12/10/2014 http://apps.cfwnet.o g/counci mac et/mc_ swap & o M&C Review Page 2 of 3 (BIDDER (AMOUNT JITIME OF COMPLETION Arlo Contracting Services, LLC $1,181,450.00 140 Calendar Days Utilitex Construction, LLP $1,285,583.00 Jackson Construction, Ltd. $1,348.910.00 Atkins Brothers Equipment Company Inc. 1$1,376,829.00 In addition to the contract cost, $38,000.00 (water: $22,000.00; sewer: $16,000.00) is required for construction staking, inspection and material testing and $49,000.00 (water: $25,000.00; sewer: $24,000.00) is provided for project contingencies. M/WBE Office -Ark Contracting Services, LLC, is in compliance with the City's BDE Ordinance by committing to four percent MBE participation and documenting good faith effort. Ark Contracting Services, LLC, identified several subcontracting and supplier opportunities. However, the MBE's contacted in the areas identified did not submit the lowest bids. The City's MBE goal on this project is 17 percent. This project is located in COUNCIL DISTRICT 5, Mapsco 79E, 79F and 79L. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that 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 Sewer Capital Projects Fund. TO Fund/Account/Centers FROM Fund/Account/Centers 182) $750.498.00 1) PE45 538040 0609020 $750,498.0 P253 476045 6051702385ZZ 1) PE45 538040 0709020 $517.952.0 1&2) $517,952.00 P258 476045 7051702385ZZ 3) P253 541200 605170238583 $703,498.0 2) P253 531200 605170238552 $1,500.00 2) P258 541200 705170238583 $477,952.0 2) P253 531350 605170238552 $3,500-00 2) P253 511010 605170238580 $3,000.00 2) P253 531350 605170238580 $500.00 2) P253 533010 605170238581 $500.00 2) P253 541200 605170238583 $728,498.00 2) P253 531200 605170238584 $3,000.00 2) P253 531350 605170238584 $1,500.00 2) P253 531350 605170238585 $8,500.00 2) P258 531200 705170238552 $1,000.00 2) P258 531350 705170238552 $3,000.00 2) P258 511010 705170238580 $1,500-00 2) P258 531350 705170238580 $500.00 2) P258 533010 705170238581 $500.0 0 2) P258 541200 705170238583 $501,952.00 2) P258 531200 705170238584 $2,000.00 2) P258 531350 705170238584 $1,000.00 http://apps.cfwnet.org/council`packet/mc_re view.asp?ID=20565&councildate=l 2/9/?014 12/10/2014 M&C Review Page 3 of 3 2) P258 531350 705170238585 $6,500.00 Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: Andy Cronberg (5020) Additional Information Contact: John Kasavich (8480) ATTACHMENTS 6014WSMDPl-ARK Map 02.pdf 6014WSMDPl-ARK Map01.pdf 6014WSMDPl-ARK P253 AO15.docx 6014WSMDP1-ARK P258 A015.docx v v v 1W http://apps.cfwnet.org/council_packet/mc review.asp?ID=20565&councildate=12/9/2014 12/10/2014 000515-1 ADDENDA Pagel of 2 1 SECTION 00 05 15 2 ADDENDA 3 4 ADDENDUM#1 5 6 7 PROJECT NAME: Water and Sanitary Sewer Replacement Contract 2014, 8 WSM-D, Part 1 9 10 PROJECT NO: 02385 11 12 DOE NO: 7311 13 14 ISSUED: October 30, 2014 15 16 BID DATE: November 6, 2014 at 1:30 P.M.. 17 18 FROM:Wade Trim, Inc. 19 105-C North Oak Street 20 Roanoke, TX 76262 21 22 TO: Prospective Bidders 23 24 This Addendum forms a part of the Bidding Documents and will be incorporated into Contract 25 Documents, as applicable. Insofar as the original Contract Documents and Specifications and 26 Construction Plans are inconsistent, this Addendum governs. Acknowledge receipt of this 27 addendum by signing and attaching it to the Contract Documents (inside). Note receipt of the 28 Addendum in the Bid Proposal and on the outer envelope of your bid. FAILURE TO DO SO MAY 29 SUBJECT BIDDER TO DISQUALIFICATION. 30 31 Prospective bidders are hereby notified of the following: 32 33 CLARIFICATION: 34 • Time is of the essence. The Contractor shall be prepared to start construction by the 35 second week of January 2015 due to coordination with T/PW pavement rehabilitation 36 projects. All time limits for Milestones, if any and Final Acceptance within 140 days as 37 stated in the Contract Documents are of the essence to this Contract. 38 PROJECT MANUAL 39 1. REMOVE Section 00 42 43 Proposal Form, REPLACE with attached Section 00 42 43 40 Proposal Form to account for additional bid items associated with Duff Court. 41 a. Additional 8" Water Pipe added for Grande/Duff Court 42 b. Exploratory Excavation of Existing Utility on water increased to 2 43 c. Four Additional Water Service and Meter Reconnections Added 44 d. One 4"-12"Water Abandonment Plug Added 45 e. Removal of one Gate Valve 46 f. Remove and Replace 150 LF of Fence 47 g. 120 LF of Permanent Asphalt Pavement Repair along Duff Court 48 2. ADD attached Laboratory Report for Catherine St. and Weiler Blvd. to the Appendix 49 CITY OF FORT WORTH Water and Sanitary Sewer Replacement Contract 2014,WSM-D STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.02385 Revised July 1,2011 000515-2 ADDENDA Paget of2 1 CONSTRUCTION DRAWINGS 2 1. REMOVE Sheet 1,Cover Sheet,REPLACE with attached Sheet 1,Cover Sheet 3 2. REMOVE Sheet 6,Project Control Plan,REPLACE with attached Sheet 6,Project 4 Control Plan 5 3. REMOVE Sheet 8,Grande Court Water Main Plan,REPLACE with attached Sheet 8, 6 Grande Court Water Main Plan 7 4. ADD attached Sheet 8A,Duff Court Water Main Plan 8 5. REMOVE Sheet 13,Grande Court Sanitary Plan and Profile,REPLACE with attached 9 Sheet 13,Grande Court Sanitary Plan and Profile 10 11 12 All other provisions of the plans,specifications and contract documents for the project which are 13 not expressly amended herein shall remain in full force and effect. 14 15 Failure to return a signed copy of the addendum with the proposal shall be grounds for rendering 16 the bid non-responsive. A signed copy of this addendum shall be placed into the proposal at the 17 time of bid submittal. 18 19 20 RECEIPT C O ED: Andrew T.Cronberg,P.E.,Interim Director 21 22 C 23 By: By d ✓ d V G/ 24 Tony Sholola,P.E. 25 Engineering Manager 26 27 28 30r�` F"F ►dll 31 32 DAVID T.SPt tCH 33 t 94N '• 34 " 35 36 37 38 39 40 41 END OF SECTION CrrY OF FORT WORTH Water and Sanitary Sewer Replacement Contract 2014,WSM-D STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.02385 Revised July 1,2011 000515-1 ADDENDA Page I oft 1 SECTION 00 05 15 2 ADDENDA 3 4 ADDENDUM#2 5 6 7 PROJECT NAME: Water and Sanitary Sewer Replacement Contract 2014" 8 WSM-D, Part 1 9 10 PROJECT NO: 02385 11 12 DOE NO: 7311 13 14 ISSUED: November 4, 2014 15 16 BID DATE: November 6, 2014 at 1:30 P.M.. 17 18 FROM:Wade Trim, Inc. 19 105-C North Oak Street 20 Roanoke,TX 76262 21 22 TO: Prospective Bidders 23 24 This Addendum forms a part of the Bidding Documents and will be incorporated into Contract 25 Documents, as applicable. Insofar as the original Contract Documents and Specifications and 26 Construction Plans are inconsistent, this Addendum governs. Acknowledge receipt of this 27 addendum by signing and attaching it to the Contract Documents (inside). Note receipt of the 28 Addendum in the Bid Proposal and on the outer envelope of your bid. FAILURE TO DO SO MAY 29 SUBJECT BIDDER TO DISQUALIFICATION. 30 31 Prospective bidders are hereby notified of the following: 32 33 PROJECT MANUAL 34 1. REMOVE Section 00 42 43 Proposal Form,REPLACE with attached Section 00 42 43 35 Proposal Form. - 36 a. 2"Temporary Water Service changed from 4 to 1 lump sum for the entire 37 project. 38 39 40 41 42 43 44 45 46 47 48 49 50 51 CITY OF FORT WORTH Water and Sanitary Sewer Replacement Contract 2014,WSM-D STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.02385 Revised July 1,2011 000515-2 ADDENDA Page 2 of 2 I All other provisions of the plans,specifications and contract documents for the project which are 2 not expressly amended herein shall remain in full force and effect. 3 4 Failure to return a signed copy of the addendum with the proposal shall be grounds for rendering 5 the bid non-responsive. A signed copy of this addendum shall he placed into the proposal at the 6 time of bid submittal. 7 9 RECEIPT A WL ED: Andrew T.Cronberg,P.E.,Interim Director 10 12 By: toll, 11 �' 13 Tony Sholola,P.E. W Engineering Manager 15 16 19 ,:.`�OF Tea'X60 �Y 20ifr 21 ;* 22 j... ...........................0 2 / CHRISTOWER J. CHA 3 / 24 rs 112732 i 28 29 30 END OF SECTION i CITY OF FORT WORTH Water and Sanitary Sewer Replacement Contract 2014,WSM-D STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.02385 Revised July 1,2011 1 Y s 005243-1 Agreement Pagel of4 1 SECTION 00 52 43 2 AGREEMENT 3 4 THIS AGREEMENT, authorized OnU 1LIL2014 is made by and between the City of Forth 5 Worth, a Texas home rule municipa 1ty,acting y and through its duly authorized City Manager, 6 ("City"), and Ark Contracting Services, LLC , authorized 7 to do business in Texas,acting by and through its duly authorized representative, ("Contractor"). 8 City and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as 9 follows: 10 Article 1.WORK 11 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 Documents may be the whole or only a part is 15 generally described as follows: 16 Water and SanitM Sewer Replacement Contract 2014, WSM-D.Part 1 17 City Project No.02385 r18 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. 22 3.2 Final Acceptance. 23 The Work will be complete for Final Acceptance within 140 days after the date when the 24 Contract Time commences to run as provided in Paragraph 2.03 of the General Conditions. 25 3.3 Liquidated damages 26 Contractor recognizes that time is of the essence of this Agreement and that City will 27 suffer financial loss if the Work is not completed within the times specified in Paragraph 28 3.2 above, plus any extension thereof allowed in accordance with Article 12 of the 29 General Conditions. The Contractor also recognizes the delays, expense and difficulties 30 involved in proving in a legal proceeding the actual loss suffered by the City if the Work 31 is not completed on time. Accordingly, instead of requiring any such proof, Contractor = 32 agrees that as liquidated damages for delay (but not as a penalty), Contractor shall pay 33 City Six Hundred Fifty Dollars ($650.00) for each day that expires after the time 34 specified in Paragraph 3.2 for Final Acceptance until the City issues the Final Letter of 35 Acceptance. r t po CITY OF FORT WORTH Water and Sanitary Sewer Replacement Contract 2014, ifSM--D STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.02385 Revised August 17,2012 r 005243-2 Agreement Page 2 of 4 36 Article 4. CONTRACT PRICE 37 City agrees to pay Contractor for performance of the Work in accordance with the Contract 38 Documents an amount in current funds of One Million One Hundred Eighty One Thousand Four 39 Hundred Fifty and 0/100 Dollars($1,181,450.00). 40 Article 5. CONTRACT DOCUMENTS 41 5.1 CONTENTS: 42 A. The Contract Documents which comprise the entire agreement between City and 43 Contractor concerning the Work consist of the following: 44 1. This Agreement. 45 2. Attachments to this Agreement: 46 a. Bid Form 47 1) Proposal Form 48 2) Vendor Compliance to State Law Non-Resident Bidder 49 3) Prequalification Statement 50 4) State and Federal documents (project specific) 51 b. Current Prevailing Wage Rate Table 52 c. Insurance ACORD Form(s) 53 d. Payment Bond 54 e. Performance Bond 55 f. Maintenance Bond 56 g. Power of Attorney for the Bonds 57 h. Worker's Compensation Affidavit 58 i. MBE and/or SBE Commitment Form 59 3. General Conditions. 60 4. Supplementary Conditions. 61 5. Specifications specifically made a part of the Contract Documents by attachment 62 or, if not attached, as incorporated by reference and described in the Table of 63 Contents of the Project's Contract Documents. 64 6. Drawings. 65 7. Addenda. 66 8. Documentation submitted by Contractor prior to Notice of Award. 67 9. The following which may be delivered or issued after the Effective Date of the 68 Agreement and, if issued,become an incorporated part of the Contract Documents: 69 a. Notice to Proceed. 70 b. Field Orders. 71 c. Change Orders. 72 d. Letter of Final Acceptance. 73 74 CITY OF FORT WORTH Water and Sanitary Sewer Replacement Contract 2014, WSM-D STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.02385 Revised August 17,2012 005243-3 Agreement Page 3 of 4 75 Article 6. INDEMNIFICATION 76 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own 77 expense, the city, its officers, servants and employees, from and against any and all 78 claims arising out of, or alleged to arise out of; the work and services to be performed 79 by the contractor, its officers, agents, employees, subcontractors, licenses or invitees 80 under this contract. This indemnification provision is specifically intended to overate 81 and be effective even if it is alleged or proven that all or some of the damages being 82 sought were caused, in whole or in part, by any act, omission or negligence of the city. 83 This indemnity provision is intended to include, without limitation, indemnity for 84 costs,expenses and legal fees incurred by the city in defending against such claims and 85 causes of actions. 86 87 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, 88 the city,its officers,servants and employees,from and against any and all loss,damage 89 or destruction of property of the city,arising out of,or alleged to arise out of, the work 90 and services to be performed by the contractor, its officers, agents, employees, 91 subcontractors, licensees or invitees under this contract. This indemnification 92 provision is specifically intended to overate and be effective even if it is alleged or 93 proven that all or some of the damages being sought were caused, in whole or in part. 94 by any act, omission or negligence of the city. 95 96 Article 7. MISCELLANEOUS 97 7.1 Terms. 98 Terms used in this Agreement which are defined in Article 1 of the General Conditions will 99 have the meanings indicated in the General Conditions. 100 7.2 Assignment of Contract. 101 This Agreement, including all of the Contract Documents may not be assigned by the 102 Contractor without the advanced express written consent of the City. 103 7.3 Successors and Assigns. 104 City and Contractor each binds itself, its partners, successors, assigns and legal 105 representatives to the other party hereto, in respect to all covenants, agreements and 106 obligations contained in the Contract Documents. 107 7.4 Scverability. 108 Any provision or part of the Contract Documents held to be unconstitutional, void or 109 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all 110 remaining provisions shall continue to be valid and binding upon CITY and 111 CONTRACTOR. 112 7.5 Governing Law and Venue. 113 This Agreement, including all of the Contract Documents is performable in the State of 114 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the y 115 Northern District of Texas, Fort Worth Division. CITY OF FORT WORTH Water and Sanitary Sewer Replacement Contract 2014, WSM-D STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.02385 Revised August 17,2012 005243-4 Agreement Page 4 of 4 116 7.6 Other Provisions. 117 The Contractor agrees to pay at least minimum wage per hour for all labor as the same is 118 classified, promulgated and set out by the City, a copy of which is attached hereto and 119 made a part hereof the same as if it were copied verbatim herein. 120 7.7 Authority to Sign. 121 Contractor shall attach evidence of authority to sign Agreement, if other than duly 122 authorized signatory of the Contractor. 123 124 IN WITNESS WHEREOF, City and Contractor have executed this Agreement in multiple 125 counterparts. 126 127 This Agreement is effective as of the last date signed by the Parties("Effective Date"). 128 Contractor: City of Fort Worth Ark Contractor Service LC Fernando Costa By: Assistant City Manager ( gnature) Date /z / TCv�rN C. Lao w ra i Attest: (Printed Name) City Secretary (Seal) Title: 1iiz s ia f,✓> O R r Address: , o N7�v S, 00". Otic.• A,-rd M&C C— Z.} 11 1� g= Date: I Z —7- IN V$$ 00000000 14 City/State/Zip: I��M KtioaLtly 7 -76oto Approy,4 as to Form and Legality: FX Date ouglas W.Black Assistant City Attorney 129 130 131 APPROVAL RECOMMENDED: 132 133 134 _ 135 A Cronberg,P.E. 136 INTERIM DIRECTOR, 137 lot Water Department 138 CITY OF FORT WORTH Water and Sanitary Sewer Replacement Contract 2014, WSM--D STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.02385 Revised August 17,2012 i Bond #CA 3593983 0061 13-1 ' PERFORMANCE BOND Pagel of2 1 SECTION 00 6113 2 PERFORMANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 8 That we,_ Ark Contracting Services.LLC ,known as"Principal'herein and 9 Great American Insurance Company of New York , a corporate surety(sureties, if more than 10 one)duly authorized to do business in the State of Texas, known as"Surety"herein(whether one 11 or more), are held and firmly bound unto the City of Fort Worth, a municipal corporation created 12 pursuant to the laws of Texas,known as"City"herein, in the penal sum of, ONE MILLION 13 ONE HUNDRED EIGHTY ONE THOUSAND FOUR HUNDRED FIFTY AND 0/100 14 DOLLARS($1,181,450.00), lawful money of the United States,to be paid in Fort Worth, 15 Tarrant County, Texas for the payment of which sum well and truly to be made,we bind 16 ourselves,our heirs,executors,administrators,successors and assigns,jointly and severally, 17 firmly by these presents. 18 WHEREAS,the Principal has entered into a certain written contract with the City 19 awarded the day of DEr 0 9 20J4 ,20___,which Contract is hereby referred to and 20 made a part hereof for all purposes as if fully set forth herein,to furnish all materials,equipment 21 labor and other accessories defined by law, in the prosecution of the Work, including any Change 22 Orders,as provided for in said Contract designated as Water and Sanitary Sewer Replacement 23 Contract 2014,WSM-D,Part 1,City Project No.02385. 24 NOW,THEREFORE,the condition of this obligation is such that if the said Principal 25 shall faithfully perform it obligations under the Contract and shall in all respects duly and 26 faithfully perform the Work, including Change Orders, under the Contract,according to the plans, 27 specifications,and contract documents therein referred to, and as well during any period of 28 extension of the Contract that may be granted on the part of the City,then this obligation shall be 29 and become null and void, otherwise to remain in full force and effect. 30 PROVIDED FURTHER,that if any legal action be filed on this Bond,venue shall lie in 31 Tarrant County,Texas or the United States District Court for the Northern District of Texas, Fort 32 Worth Division. CITY OF FORT WORTH Water and Sanitary Sewer Replacement Contract 2014, WSM-D STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.02385 Revised July 1,2011 WF 0061 13-2 10 PERFORMANCE BOND Page 2 of 2 1 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 2 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 3 accordance with the provisions of said statue. 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 day of 7 PRINCIPAL: 8 Ark Contracting Services 9 10 11 BY: 12 / i atwe 13 �T ST: 14 P6�-- 15 even C. Bowman, President 16 (Prin 'pal)Secretary Name and Title 17 18 Address: 420 S Dick Price Road 19 Kennedale, TX 76060 20 ,J 21 22 Witness as to Principal 23 SURETY: 24 Great American Insurance Company of 25 New York 26 27 BY-. �- 28 Signatur 29 30 Tracy Tucker, Attorney-in-Fact 31 Name and Title 32 33 Address: 900 Summit Ave. 34 Ft Worth, TX 76102 35 3>(: Witness as-to Surety Telephone Number: 817/336-8520 _39, 39 40 41 *Note: If signed by an 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 The date of the bond shall not be prior to the date the Contract is awarded. 45 CITY OF FORT WORTH Water and Sanitary Sewer Replacement Contract 2014, WSM--D STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.02385 Revised July 1,2011 Bond #CA 3593983 006114-1 PAYMENT BOND Pagel of 2 I SECTION 00 6114 2 PAYMENT BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 8 That we, Ark Contracting Services.LLC known as "Principal" 9 herein, and Great American Insurance Company of New York a corporate 10 surety (sureties), duly authorized to do business in the State of Texas, known as "Surety" herein 11 (whether one or more), are held and firmly bound unto the City of Fort Worth, a municipal 12 corporation created pursuant to the laws of the State of Texas, known as "City" herein, in the y 13 penal sum of ONE MILLION ONE HUNDRED EIGHTY ONE THOUSAND FOUR 14 HUNDRED FIFTY AND 0/100 DOLLARS ($1,181,450.00), lawful money of the United 15 States, to be paid in Fort Worth, Tarrant County, Texas, for the payment of which sum well and 16 truly be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, 17 jointly and severally, firmly by these presents: 18 WHEREAS'�iyc I tered into a certain written Contract with City, awarded the 19 lday of DEC � , 20 _ which Contract is hereby referred to and 20 made a part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment, 21 labor and other accessories as defined by law, in the prosecution of the Work as provided for in 22 said Contract and designated as Water and Sanitary Sewer Replacement Contract 2014, 23 WSM-D, Part 1,City Project No. 02385. 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 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 Water and Sanitary Sewer Replacement Contract 2014, WSM-D STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.02385 Revised July I,2011 0061 14-2 PAYMENTBOND Page 2 of 2 I IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED 2 this instrument by duly authorized agents and officers on this the day of .�. 3 20 4 PRINCIPAL: Ark Contracting Services LC 4 ATTEST: BY: g ure Steven C. Bowman, President ( rin ' al) ecretary 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: BY: e Tracy Tucker, Attorney-in-Fact (Swety)Secretary Name and Title ` Address: 900 Summit Ave. Ft Worth, TX 76102 Witness as to Surety Telephone 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. 11 END OF SECTION 12 w CITY OF FORT WORTH Water and Sanitary Sewer Replacement Contract 2014, WSM--D STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.02385 Revised July 1,2011 Bond #CA 3593983 006119-1 MAINTENANCE BOND Pagel of 3 1 SECTION 00 6119 2 MAINTENANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 8 That we Ark Contracting Services.LLC ,known as"Principal' 9 herein and Great American Insurance Company of New York ,a corporate surety(sureties, if 10 more than one)duly authorized to do business in the State of Texas, known as"Surety"herein 11 (whether one or more), are held and firmly bound unto the City of Fort Worth, a municipal 12 corporation created pursuant to the laws of the State of Texas,known as"City"herein, in the sum 13 of ONE MILLION ONE HUNDRED EIGHTY ONE THOUSAND FOUR HUNDRED 14 FIFTY AND 0!100 DOLLARS($1,181,450.00),lawful money of the United States, to be paid 15 in Fort Worth,Tarrant County, Texas,for payment of which sum well and truly be made unto the 16 City and its successors, we bind ourselves, our heirs, executors, administrators,successors and 17 assigns,jointly and severally, firmly by these presents. 18 19 WHEREAS,the Princi al has entered into a certain written contract with the City awarded 20 the day of— VFC 0 9 2014 , 20_, 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 Water and Sanitary Sewer 25 Replacement Contract 2014,WSM-D,Part 1,City Project No. 02385;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 or 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,Principal binds itself to repair or reconstruct the Work in whole or in part 33 upon receiving notice from the City of the need therefor at any time within the Maintenance 34 Period. CITY OF FORT WORTH Water and Sanitary Sewer Replacement Contract 1014, WSM-D STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01385 Revised July 1,2011 0061 19-2 MAINTENANCE 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. 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 this Maintenance bond;and 4 11 12 PROVIDED FURTHER, that if any legal action be filed on this Bond,venue shall lie in 13 Tarrant County,Texas or the United States District Court for the Northern District of Texas, Fort 14 Worth Division;and 15 16 PROVIDED FURTHER,that this obligation shall be continuous in nature and 17 successive recoveries may be had hereon for successive breaches. 18 19 20 CITY OF FORT WORTH Water and Sanitary Sewer Replacement Contract 1014, WSM-D STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01385 Revised July 1,2011 0061 19-3 " MAINTENANCE BOND 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 day of 3 DEC 0 9 M14 ,20; 4 5 PRINCIPAL: 6 Ark Contra in Servi 7 8 9 BY: 10 gnature 11 AT T: 12 13 Steven C. Bowman, President 14 P( incio) etary Name and Title 15 16 Address: 420 S Dick Price Road 17 Kennedale, TX 76060 18 ��✓ 19 •/�/ 20 Witness as to Principal 21 SURETY: 22 Great American Insurance Company 23 of New York 24 25 BY: 26 ignature 27 28 Tracy Tucker, Attorney-in-Fact 29 ATTEST: Name and Title 30 31 _ Address: 900 Summit Ave. 32 ,.$ure ,&=retary Ft Worth, TX 76102 3{ 34 35 Witness as to Surety Telephone Number: 817/336-8520 36 37 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract 38 from the by-laws showing that this person has authority to sign such obligation. If 39 Surety's physical address is different from its mailing address, both must be provided. 40 The date of the bond shall not be prior to the date the Contract is awarded. 41 CITY OF FORT WORTH Water and Sanitary Sewer Replacement Contract 2014, KSM--D STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.02385 Revised July 1,2011 r 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 FORT 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 GREAT AMERICAN 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 , 2014 Attest GREAT AMERICAN INSURANCE COMPANY OF NEW YORK ,� wires,. � /- � •�V• �• SEAL Assistant Secretary Divisional Senior Kce 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. �< Sham* NIftyRW301111110M W Colville on EON"2015 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 Attomeys-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 y. Secretary of the Company may be affixed by facsimile to any power of attorney 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 day of , + SEAL • �� Assistant Secretary S1185J(12/13) Great American Insurance Company of New York GI�ATAn-IExlcAly. 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 t document. ^� F.9667A(3/11) A`°R°® CERTIFICATE OF LIABILITY INSURANCE DATE/4MM/DD/Y4 / /2ola 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). PRODUCER CONTACT Cindy Soule NAME: Tucker Agency, Ltd. PHONE (617)336-8520 FAX (817)336-6501 AIC P O Box 2285 E-MAIL .cindys @tuckeragency.com INSURERS AFFORDING COVERAGE NAIC# Ft. Worth TX 76113 INSURERA:The Charter Oak Fire Ins Co 25615 t INSURED INSURERB:Travelers Ind CO of CT 25682 Ark Contracting Services LLC INSURER C:Travelers Ind Cc of America 25666 420 S. Dick Price Road INSURER 0: INSURER E: Kennedale TX 76060 INSURER F: COVERAGES CERTIFICATE NUMBER:14/15 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 i 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 SUER LTR TYPE OF INSURANCE INSR POLICY NUMBER POLIpY EFF IPOLICY EXP LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY PAEMI T s QC& Den $ 300,000 SES 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 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OPAGG $ 2,000,000 POLICY X PRO LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT a accident) 1,000,000 X ANY AUTO BODILY INJURY(Per person) $ B ALL OWNED SCHEDULED A74441C349 9/1/2014 9/1/2015 BODILY INJURY(Per accident) $AUTOS AUTOS NON OWNED PROPERTY DAMAGE $ X HIRED AUTOS X AUTOS (Per accident) 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-546OB87A 9/1/2014 9/1/2015 $ C WORKERS COMPENSATION X WC STATU- OTH- AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE YIN E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N/A B762G4423 9/1/2014 9/1/2015 E (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space Is required) Re: City Project No. 02385 DOE No. 7311 Water and Sanitary Sewer Replacement Contract 2014, WSM-D, Part 1 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 ACCORDANCE WITH THE POLICY PROVISIONS. City of Fort Worth Water Department AUTHORIZED REPRESENTATIVE 1000 Throckmorton Street Fort Worth, TX 76102 Tracy Tucker/CINDY ACORD 25(2010105) ©1988-2010 ACORD CORPORATION. All rights reserved. INS025(201005).01 The ACORD name and logo are registered marks of ACORD