Loading...
HomeMy WebLinkAboutContract 50674-FP1 CITY SECRETARY CONTRACT NO. 50b'14-FR CITY OF FORT WORTH 5-(p O 1 J_ 00 NOTICE OF PROJECT COMPLETION �7 C.0 5-0G1 Regarding City Secretary Contract No.50674, for the 1.0 MG Calmont Elevated Storage Tank Repair and Re-Painting, which was requested by the Water Department and approved by City Council on March 6, 2018 through M&C C-28611,the Director of the Water Department, upon the recommendation of the Construction Manager,Nirav Patel, P.E..Kleinfelder,Inc. Has accepted the project as complete.Finial Payment to release the Retainage will be issued in accordance with Administrative Regulation C-6. Original Contract Price: $699,000.00 Amount of Approved Chan AUG 14 2019 i� a Orders: $20,000.00 g Revised Contract Amount: $699,000.00 Total Cost Work Completed: $699,000.00 Less Liquidated Damages: $0.00 Less Pavement Penalty: $0.00 Total Contract Cost: $699,000.00 Less Previous Payments: $590,662.50 Final Payment Due(Including Retainage): $101,087.50 Recommend or Acceptance Date Construction Manager,Kleinfelder,Inc. ` /?.?If s Accepted Date Director,Water Department G City Manage( Date OFFICIAL RECORD City SecretarYCon c No.XTr 5067 y CITY SECRETARY FT. WORTH,TX Date of Final Completion Date of Warranty Start June 30,2019 OF�O((C July 1.2019 C�SPA 000(O-sue �' l FYI` ' AUG 14 2019 S(o (j ) - 10og ff' C .s 5,7)( 744 PAYMENT REQUEST PROJECT: 1.OMG Calmont Elevated Storage Tank Repair and Re-Painting PROJECT NUMBER OWNER: City of Fort Worth (CP-100885)City Secretary No 50674 100885 CONTRACTOR: A&M Construction and Utilities, Inc. ENGINEER: Kleinfelder, Inc. PAYMENT PERIOD FROM: 2/1/2019 TO 6/30/2019 ESTIMATE NO.: 6 SUMMARY OF PAYMENT ESTIMATE VALUES FROM ATTACHED TABULATIONS Original Contract Amount PO # N�.( P $ 699,000.00 Approved Change Orders Le i P�� ,t1- ���Z� $ Current Contract Amount ri $ 699,000.00 Total Value of Original Contract Performed $ 691,750.00 (Attachment"A"consisting of 8 pages) Extra Work on Approved Change Orders $ - (Attachment"B" consisting of 1 page) EoYrle 3 ���C'( K)- Q Materials on Hand $ - (Attachment"C"consisting of_page 1�� Cj�7 Z� - Total Value of Work to Date 7�tt [..�---,� $ 691,750.00 Less Amount Retained at 5 % $ - Net Amount Earned on Contract $ 691,750.00 Less Amount of Previous Payments $ 590,662.50 BALANCE DUE THIS STATEMENT $ 101,087.50 Percentage of Contract Paid to Date 98.96% The undersigned Contractor certifies that all work,including materials on hand, covered by this Periodical Payment has been completed and delivered and stored in accordance with the Contract Documents, that all amounts have been paid by him for work, materials, and equipment for which previous Periodical Payments were issued and received from the Owner, and that the current payment shown herein is now due. Contractor: A&M Construction and Utilities INC By Antonio Banda Date: 8/6/2019 Recommended for Payment by APPROVED BY KLEINFELDER,INC. INSPECTOR: I By /f r C 1 Date Date Approved for Payment by City of Fort Worth By 4�G �� 8/l yr I C( Date 00%,1919 ATTACHMENT "D" PROJECT SUMMARY PROJECT: 1.01VIG Calmont Elevated Storage Tank Repair and Re-Painting PROJECT NUMBER OWNER: City of Fort Worth (CP- 100885) City Secretary No 50674 100885 CONTRACTOR: A&M Construction and Utilities, Inc. ENGINEER: Kleinfelder, Inc. PAYMENT PERIOD FROM: 2/1/2019 TO 6/30/2019 ESTIMATE NO.: 6 CONTRACT TIME SUMMARY Date of Notice to Proceed 10/8/2018 Original Contract Duration 135 Days Original Date of Contract Substantial Completion 4/23/2019 Original Date of Contract Final Completion 6/30/2019 Approved Time Extensions 10 Days Current Contract Duration 145 Days Current Date of Contract Substantial Completion Current Date of Contract Final Completion Days Charged to Project to Date 116 Days Days Remaining in Contract 0 Days Percent of Current Project Duration 80% Current Scheduled Completion Date Project is (Ahead/Behind) Schedule Completed CONTRACT COST SUMMARY Original Contract Amount $ 699,000.00 Approved Change Orders $ - Current Contract Amount $ 699,000.00 Contract Earnings to Date on Original Contract $ 691,750.00 Earnings on Approve Change Orders $ - Materials on Hand $ - Total Current Project Amount Earned $ 691,750.00 Percent of Contract Earned to Date 98.96% Retainage $ 34,587.50 Amount Paid to Date $ 590,662.50 Percent of Contract Paid to Date 84.50% O o -0 n + o W D o o D o 0 0 0 0 Q ;a -j CA (D CD Q V O CD Q� r C [] _ N O N_ N_ y_ pA O ID m a n X N N CD CCD 3 O c O �p O O C 1 a O O w w O 0' i 0 O O m N 7 w w O O N mow.. a 7 d a .� O' .. © CD (� N _ _ a <.II a < n G 91 O N O G < n O j rn m = �• N O Q. Er m w w m 6 O = (D (D w m O. - 6 > > f m 3 m ° o 3 m o = �0 3 u) 5 0 _0 = �. v = = a OD CD o .o m m w m o p o m m o m �. o o �. _ Ul C7 O w w o va > > m w �. c y O f 0 c ^ y o m x °• rn 3 p n• o 0 o' m m m y o• s a q �, o a a fn to - V— Z �c o o a n 0�c c o m o cDi 0 a a ® ay c c o 3 3 3 m m co - C� o a v m m m f u w f m _ Z = w ca y y. CD 0 to a 3 ;; y m 1 " q a � D —I —9 � y c - o a m r° o as° c O °< o m p m > o c a o o w w m m o N Cl) Cn o 0 0 3 " n`D 3 0 C Cl) Ill —I o d G m o 3 e w o• m C) o°, cD > o T 3 w o a CD m,m Cl) 0 0 = Z (� m .+ m m C m ELm y y 2 D D R� w D7 a w< a F fn iCl Y 0 a S z III w N C f%1 Co m p O 1 g o m O o 0 0 3 � o ° m m� 0O m O O N N w 7 3 N / O A 0 o cNii `� > > > > > > > > > > > > > > > > �A }/j�► r r to cn m r r r r r r r r r r r r r C l V) U) T �'I D fn V) Cn cn N N cn cn cn % Cn U N 3 OD N O O (T CT N O O O O O O O = G O > 0 0 O CD O O 0 O O O 0 0 0 0 V O O N N Cl) O O O O O O O O O O O O O �'•' 01 O O UI 01 O O O O O O O O O O O O O O lA O O C C O O 0 0 C O O C O O O O G O O O O O O O O O O O O O O O O O 0 0 0 0 L9 fA fiA di (fi Hi [fl fN fA 0 fA (A 69 N fA A f9 bf (.ti O A OD O W O > N W N Vt 01 W O O yi Vt OI N O O O O O O O N O O O O �p 1 0 0 OI O1 C O O O O O C O O O O O O O 0 0 O O O O O O O O O O O O O O O O O O O O O O O O O O O O O EA O O O O C O 0 0 0 0 0 O CD O C C O O O O O O, O O O O O O O O O O O 0 0 0 0 O D m O 0 0 0 0 0 0 0 0O m v 0 3 < D 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o m m ° O o D �< o > > o o > > > > > > > > > > > > > o I 0 0 0 0 m 0 o 0 O o 0 0 0 0 0 0 0 0 0 0 0 N EA to fA M m ? N O vi o o �n w cn o 0 p 0 0 9 0 0 0 0 0 0 0 0 p 0 0 p 0 p 0 0 p 0 p 0 0 0 0 0 0 0 o O o o o 0 0 0 0 0 0 0 v _p w O V G O O O O O O O O p 0 O O O O O O 0 0 0 0 0 O O O O O O O O O O O O O O 0 0 O O O O O O O O C O 00 O 00 O O O O O O O O O O O O O C O O ° 3 d W N (T W O O �yq (T (T N O O O O O O O (p G O O O V O O Ot (T O O O VJ O O O 0 0 O O O O O O O O 0 0 0 O O O O O p O O O O O O O O O O O O O O $ 0 0 �0 0 0 00 000 $ 0 0 0 $ 00o S V N o 0 � � 3 a � o m o Q >o 0 0 'o >o o >0 0 >o >0 0 0 0 0 0 o a o 0 0 0 0 0 0 0 0 0 0 0 o e M -o m CD co n O CD 3 a �J CD O Q CD m C7 0 N n � -� a o CL o � n m c 3 -0 D 0, m p ai < n Z C CD0. m N r. 0cf) rn o y m -i a m m 0 o —I > 3 v O D °c * 2: X ;oO -1 7 —1--A -< :a ^'icon oo— z rn o c, E v o CD CD 0 D v 0 D 0 m A M o° o ° o m c CD m 'w c m � N N � N C O C 7 60 D1 NtD D CO 0 O O O O O O O OOO OO 0 0 0 0 00 O O O O O 00 O o' y CC n O N C 0 C N 0 0 = d N 0 N N 0 N 61 y 'v cn a, n cD 3 < p o 0 m o" (D < N (D 3 y 1 0 (D 3.N 9 N W. z.3 (D = (D o m m v m d a� n oCD _ N (D O a O p O O O N m < O O p� V 6 C O O O O d fA di fii (TI (n EA'I T O c0 4 Cl)t c0 cc � O V V d F OD O[A EA fA T OD O C" vt V N O O O. V O O p M VI O O O m m O O o j0 0 0 0 0 0 0 0 O O O O O O 0 j m HOC) 1 mz D m n O -u -� p � m -< OZ � O D � � m p CDv m � 0 7j v - � m z m m o :� :� c CD CD m 0 D v O T� D C� r« °� CD 0 0 z � m 0 0- G) po ® M o n CL Q ' N ; - m y ^` 3 c o o 5 0 � rn c� < m p O N Q -p v z C CD Q N IDS � co m r O CD 0 O cn m U) � cn m Z n n CD cn :q v c p Cn c m T CD m m v � z � - Z Z3 v ® o 22 Q 0 o X m rn m v 49 4fi 49-69f9-9{9E9 EA ffl 49 EA E4-G9 Efl{fl{fl 169{fl{p(fy b9 ffl V)ffl ffl EA D �. M. O z O cm n r i c p = z D -I -1 m -< m o CA 70D D m W m --IN C Ooo Cn o t- m op � -I v z 0� O m D z OOOOOOOOo00OOOOO000O000 -� -> m O .69f9-69-69t9X-0G9 fl�69-09 'GO-69fa-69e»-60.69.6a-69'Go tfl�bq 160�W�Gq N Cmi) OD D N N O i A r OO > mO D 000 20c C m oho m �-) T to O OOO -n ri3fflfflcAf»Eflffl�a.afflffle»�-6 f.69 fflffl �v -W I&q fflf»f» X O MOO 'u i D r O i � � X "0 MCf) Omo ill c cf) curia < -Co ffl ffl Efl{fl��1-0ffl G4 Efl .69�Efl Efl Efl ffl fA ffl s94Gq Efl ffl-W �ffl --i —o m C) ° -® iv o D 0 D 0 0 o m > m 000 � � c z m DmD -69 o0o c o O o 0 G� Zi 0 o „ o O O = w Z m 0o cn � Omm j ; O z 000 � � m mm M � � rn U) -� 00 ® o a -0 m n 0 -0 / f \ \ Q 2 / 0 e :� m m w m m m z m m m m a ® Z m > .. q 2 eeeeee+ 2 a f / M M m 3 / / _ 2 mM 2 7 \ \ S 2 2 / / 2 / o & o q c .. 2 § 0 / ® � � � ± 52 0 § § / % / m § n _\ \ _�E \ @ \ \ / @ $ CD3 a > - n _ \ 3 so ? (.0P � \ n 2 ® \ / Q R m ƒ S f 0 / / _+eaeea ® > / \ \ / ( � ) m a: o ° m \ k _+«__ee § / C m � 0 ® 0 j \ \ 2 \ Q } q CG « > +eeeeee c \ m 2 / q / § 9 0 m m m > m 2 0 0 m ® e _ eeeeee « _ � 0 \ / / 2 > > a c @ ® Z > 0 m z so G \ / « m 2 7 cn 0 BOND#: PBO1692800252 CONSENT OF SURETY OWNER TO FINAL PAYMENT ARCHITECT ❑ ❑ AIA Document G707 CONTRACTORSURETY ❑ (Instructions on reverse side) OTHER ❑ TO OWNER: ARCHITECT'S PROJECT NO.: 100885 (Nmne and address) City of Fort Worth CONTRACTFOR: PROJECT: CONTRACT DATED:March 6,2018 (Name and address) 1.OMG Calmont Elevated Storage Tank Repair and Re-Painting In accordance with the provisions of the Contract between the Owner and the Contractor as indicated above,the (Insert name and address of Surety) Philadelphia Indemnity Insurance Company One Bala Plaza,Suite 100 Bala Cynwyd,PA 19004 ,SURETY, on bond of (Insert name and address of Contractor) A&M Construction and Utilities,Inc. 4950 Grisham Dr. Rowlett,TX 75088 ,CONTRACTOR, hereby approves of the final payment to the Contractor,and agrees that final payment to the Contractor shall not relieve the Surety of any of its obligations to (Insert name and address of Owner) City of Fort Worth OWNER, as set forth in said Surety's bond, IN WITNESS WHEREOF,the Surety has hereunto set its hand on this date: August 12, 2019 (7=crt to writing the monthfallowed by the rtumertc date and year) Philadelphia Indemnity Insurance Company (sweo) lhwid- I&P12JAIZZ I gnanre four one rcpresentatrve) Attes (Seal): Angie tr n Brent M.Blonigan, Attorney-in-face (Printed name and Ntle) CAUTION:You should sign an original AIA document that has this caution printe 3 i,t red,.An original assures that changes Will not be obscured as may occur When documents ale See Instruction Sheet for Limited License for Reproduction of this document. AIA DOCUMENT G707-CONSENT OF SURETY TO FINAL FAYWIENT-1994 EDITION-AIA Page I of 2 1994-THE AMMUCAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,NW,WASH- INGTON,D.0 20006-5292-WARNING:Unlicensed photocopying violates U.S.copy- G7�7-�994 right laws and will subject the violator to legal prosecution. INSTRUCTION SHEET FOR AIA DOCUMENT G707,CONSENT OF SURETY TO FINAL PAYMENT A.GENERAL INFORMATION 1.Purpose This document is intended for use as a companion to AIA Document G706,Contractor's Affidavit of Payment of Debts and Claims,on construction projects where the Contractor is required to furnish a bond. By obtaining the Surety's approval of final payment to the Contractor and its agreement that final payment will not relieve the Surety of any of its obligations,the Owner may preserve its rights under the bond. 2.Related Documents This document may be used with most of the AIA's Owner-Contractor agreements and general conditions,such as A201 and its related family of documents.As noted above,this is a companion document to AIA Document G706. 3.Use of Current Documents Prior to using any AIA document,the user should consult the AIA,an AIA component chapter or a current AIA Documents List to determine the current edition of each document. 4.Limited License for Reproduction AIA Document G707 is a copyrighted work and may not be reproduced or excerpted from in substantial part without the express written permission of the AIA. The G707 document is intended to be used as a consumable-that is,the original document pur- chased by the user is intended to be consumed in the course of being used. There is no implied permission to reproduce this document,nor does membership in The American Institute of Architects confer any further rights to reproduce G707. A cautionary notice is printed in red on the original of this document. This notice distinguishes an original AIA document from copies and counterfeits. To ensure accuracy and uniformity of language,purchasers should use only an original AIA document or one that has been reproduced from an original under a special limited license from the AIA. A limited license is hereby granted to retail purchasers to reproduce a maximum often copies of a completed or executed G707,but only for use in connection with a particular project Further reproductions are prohibited without the express permission of the AIA. B.CHANGES FROM THE PREVIOUS EDITION Changes in the location of various items of information were made,without revision to the substance of the document. C.COMPLETING THE G707 FORM GENERAL: The bond form is the usual source of required information such as the contract date and the names and addresses of the Surety,Owner,Contractor and Project. ARCHITECT'S PROJECT NO.: this information is typically supplied by the Architect and entered on the form by the Contractor. CONTRACT FOR: This refers to the scope of the contract,such as"General Construction"or"Mechanical Work". D.EXECUTION OF THE DOCUMENT The G707 form requires both the Surety's seal and the signature of the Surety's authorized representative. 4/94 INSTRUCTION SHEET FOR ALA DOCUMENT G707 LICONSENT OF SURETY TO FINAL PAYMENT U 1994 Page 2 of 2 EDTTION.']AIAVOTHE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W., WASHINGTON,D.C.20006-5292 G707-1994 2319 PHILADELPHIA INDEMNITY INSURANCE COMPANY One Bala Plaza,Suite 100 Bala Cynwyd,PA 19004-0950 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS That PHILADELPHIA INDEMNITY INSURANCE COMPANY(the Company),a corporation organized and existing under the laws of the Commonwealth of Pennsylvania. does hereby constitute and appoint Debbie Palmer, Kara Pierce,Marci Luse and/or Brent M. Blonigan of Grayhawk Insurance Associates its true and lawful Attorney-m-fact with full authority to execute on its behalf bonds,undertakings,recognizances and other contracts of indemnity and writings obligatory in the nature thereof• issued in the course of its business and to bind the Company thereby,in an amount not to exceed S50,000.000 This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY on the 14e'of November-2016 RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company (1) Appoint Attomey(s) in Fact and authonze the Attorney(s) in Fact to execute on behalf of the Company bonds and undertakings,contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto, and (2) to remove, at any time, any such Attorney-in-Fact and revoke the authority given And,be it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attomey or certificate relating thereto by facsimile,and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 27T'DAY OF OCTOBER,2017 4. (Seal) Robert D O'Leary Jr.,President&CEO Philadelphia Indemnity Insurance Company On this 27'day of October,2017,before me came the individual who executed the preceding instrument,to me personally known,and being by me duly swom said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY,that the seal affixed to said instrument is the Corporate seal of said Company,that the said Corporate Seal and his signature were duly affixed. CM�Nm v NOTAIM-;C ,'a'+a^„T;�i,' °�°�` Notary Public `I1 WCmr.W�mE.oNa�7�M l «on residing at Bala Cvinwd,PA (Notary Seal) My commission expires September 25,2021 I,Edward Sayago,Corporate Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY,do hereby certify that the foregoing resolution of the Board of Directors and this Power of Attorney issued pursuant thereto on this 27"day of October,2017 are true and correct and are still in full force and effect I do further certify that Robert D O'Leary Jr,who executed the Power of Attorney as President,was on the date of executioy of the attached Power of Attorney the duly elected President ofPHILADELPHIA INDEMNITY INSURANCE COMPANY, In Testimony Whereof 1 have subscribed my name and affixed the facsimile seal of each Company this 140 r day of 20 4 d�F a T• vy, 11Q� •i g r 5 m r Edward Sayago,Corporate Secretary ;o -• f,, v�' f PHILADELPHIA INDEMNITY INSURANCE COMPANY IMPORTANT NOTICE ADVISO IMPORTANTE To obtain information or make a complaint: You may Para obener informacion o para someter una queja: call the Surety's toll free telephone number for Usted puede Ilamar al numero de telefono gratis de information or to make a complaint at: para informacion o para someter una queja al: 1-877-438-7459 1-877-438-7459 You may also write Philadelphia Indemnity Insurance Usted tanbien puede escribir a Philadelphia Company at Indemnity Insurance Company: One Bala Plaza,Suite 100 One Bala Plaza,Suite 100 Bala Cynwyd, PA 19004 Bala Cynwyd. PA 19004 Attention: Senior Vice President and Attention: Senior Vice President and Director of Surety Director of Surety You may contact the Texas Department of Insurance Puede comunicarse con el Departamento on- to obtain information on companies. coverage. rights Seguros de Texas para obtener informacion acerca or complaints at: de companiass. coberturas. derechos o quejas al: 1-800-252-3439 1-800-252-3439 You may write the Texas Department of Insurance Puede escribir al Departmento de Seguros de Texas: at. P.O. Box 149104 P.O. Box 149104 Austin;TX 78714-9104 Austin,TX 78714-9104 Fax#512-475-1771 Fax#512-475-1771 Web: http:/ivf,+nv.tdi.state.tx.us Web: http:liwww.tdi.state.tx.us Email: ConsumerProtectionCtdi.state tx us Email: ConsumerProtection:�f tdi.state tx us PREMIUM OR CLAIM DISPUTES: Should you have DISPUTAS SOBRE PRIMAS O RECLAMOS: Si a dispute concerning your premium or about a claim, tiene una disputa concemiente a su prima o a un you should contact the Surety first. If the dispute is reciamo. debe comunicarse con el Surety primero. Si not resolved you may contact the Texas Department no se resuelve la disputa puede entonces of Insurance comunicarrse con el departamento (TDI) ATTACH THIS NOTICE TO YOUR BOND This UNA ESTE AViSO A SU FIANZA DE GARANTIA: notice is for information only and does not become a Este aviso es solo para proposito de informacion y part or condition of the attached document no se convierte en parte o condicion del documento adlunto. Bond NO. PBO1692800252 006113-1 PERFORMANCE BONDi Page I of 2 1 SECTION 00 6113 2 PERFORMANCE BOND 3 4 THE STATE OF TEXAS § 5 § 10qOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we, A&M Construction and Utilities Inc. laiown as 8 "Principal"herein and Philadelphia Indemnity Insurance Company a corporate 9 surety(sureties,if more than one)duly authorized to do business in the State of Texas, lmov n as 10 "Surety"herein(whether one or more),are held and firmly bound unto the City of Fort North,a I 1 municipal corporation created pursuant to the laws of Texas, Flown as"City"herein,in the penal 12 sum of, Six Hundred Ninety-Nine Thousand and Zero/100 Dollars 13 ($ 699,000 ),lawful money of the United States, to be paid in Fort Worth, 14 Tarrant County,Texas for the payment of which sum well and truly to be made,we bind 15 ourselves,our heirs, executors, administrators,successors and assigns,jointly and severally, 16 firmly by these presents. 17 WHEREAS,the Principal has entered into a certain written contract with the City 18 awarded the_Lp day of ,201&which Contract is hereby referred to and 19 made a part hereof for all purposes as if fully set forth herein,to furnish all materials, equipment 20 labor and other accessories defined by law,in the prosecution of the Work,including any Change 21 Orders, as provided for in said Contract designated as Calmont Elevated Storage Tank Repair and 22 Re-Painting Project,Project No. 100855. 23 NOW,THEREFORE,the condition of this obligation is such that ifthe said Principal 24 shall faithfully perform it obligations under the Contract and shall in all respects duly and 25 faithfully perform the Work,including Change Orders,under the Contract,according to the plans, 26 specifications, and contract documents therein referred to,and as well during any period of 27 extension of the Contract that may be granted on the part of the City,then this obligation shall be 28 and become null and void,otherwise to remain in full force and effect. 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 Calmont Elevated Storage Tank Repair and Re-painting Project STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No:100885 Revised July 1,2011 1 1 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 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 Lo day of 6 20 12,. 7 PRINCIPAL: 8 A&M Construction and Utilities Inc. 9 10 11 BY:- � � 9� 12 Signature 13 ATTEST: 14 15 �-� 16 (P incir� pal)Secretary Name and Title 17 i8 Address: 4950 Grisham Drive 19 Rowlett, Texas 75088 20 22 itness as to Principal 23 SURETY: 24 Philadelphia Indemnity Insurance Company 25 26 27 BY• 28 Signature ^ 29 30 Brent M. Blonigan,Attorney-in-Fact_ 31 Name and Title 32 33 Address: One Bala Plaza, Suite 100 34 Bala Cynwyd, PA 19004 35 36 AIVL 37 aiess s to Surety Telephone Number: 1-877-438-7459 38 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 Calmont Elevated Storage Tank Repair and Re-painting Project STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No.:100885 Revised July 1,2011 Bond NO. PBO1692800252 0061 14-1 PAYMENT BOND Page I of 2 1 SECTION 00.6114 2 PAYMENT BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TAPUR�_, 'dT § 7 That we, A&M Construction and Utilities, Inc. known as 8 "Principal" herein, and Philadelphia Indemnity Insurance Company , a 9 corporate surety (sureties), duly authorized to do business in the State of Texas, known as 10 "Surety"herein(whether one or more), are held and firmly bound unto the City of Fort Worth,a 11 municipal corporation created pursuant to the laws of the State of Texas,known as"City"herein, 12 in the penal sum of Six Hundred Ninety-Nine Thousand and Zero/100 Dollars 13 (a 699,000 ), lawful money of the United States, to be paid in Fort Worth, 14 Tarrant County,Texas,for the payment of which sum well and truly be made, we bind ourselves, 15 our heirs, executors, administrators, successors and assigns,jointly and severally,firmly by these 16 presents: 17 WHEREAS, Principal has entered into a certain written Contract with City, awarded the 18 _day of rynar[`�-N , 20 19, , which Contract is hereby referred to and 19 made a part hereof for all purposes as if fully set forth herein,to furnish all materials, equipment, 20 labor and other accessories as defined by law, in the prosecution of the Work as provided for in 21 said Contract and designated as Calmont Elevated Storage Tank Repair and Re-Painting Project, 22 Project No. 100885. 23 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if 24 Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in 25 Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under 26 the Contract,then this obligation shall be and become null and void; otherwise to remain in full 27 force and effect. 28 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 29 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 30 accordance with the provisions of said statute. 31 CITY OF FORT WORTH Calmont Elevated Storage Tank Repair and Re-painting Project STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS ProjectNo.:10088S Revised July 1,2011 006114-2 PAYMENTBOND Page 2 of 2 1 IN WITNESS WHEREOF,the Principal and Surety have each SIGNED and SEALED 2 this instrument by duly authorized agents and officers on this the C.p day of 3 XYI r-C h 120 4 PRINCIPAL: A&M Construction and Utilities, Inc. ATTEST: BY: �/ ;iignatLuree (Principal)Secretary ame and Title Add ess: 4950 Grisham Drive Rowlett,TX 75088 Witness as to Principal SURETY: Philadelphia Indemnity Insurance Company ATTEST: BY: Signature Brent M. Bloni an,Attorney-in-tact (Surety)Secretary Name and Title Address: One Bala Plaza, Suite 100 VIA, 4 4iliLrIA Uff Bala Cynwyd, PA 19004 itness s to Surety Telephone Number: 1-877-438-7459 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 CITY OF FORT WORTH Calmont Elevated Storage Tank Repair and Re-painting Project STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No.:100885 Revised July 1,2011 0061 19-1 MA-114TENANCE BOND Page I of 3 I 1 SECTION 00 6119 2 MAINTENANCE BOND 3 4 THE STATE OF'TEXAS § 5 - § I2 OW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we A&M Construction and Utilities Inc. known as 8 "Principal"herein and Philadelphia Indemnity Insurance Company a corporate surety 9 (sureties, if more than one)duly authorized to do business in the State of Texas,known as 10 "Surety"herein(whether one or more), are held and firmly bound unto the City of Fort Worth, a 11 municipal corporation created pursuant to the laws of the State of Texas,known as"City"herein, 12 in the sum of Six Hundred Ninety-Nine Thousand and Zero/100ollars 13 ($ 699,000 ),lawful money of the United States,to be paid in Fort Worth, 14 Tarrant 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 19 the Lo day of r G , 20 ti which Contract is hereby 20 referred to and a made part hereof for all purposes as if fully set forth herein,to furnish all 21 materials,equipment labor and other accessories as defined by law,in the prosecution of the 22 Work,including any Work resulting from a duly authorized Change Order(collectively herein, 23 the"Work") as provided for in said contract and designated as Calmont Elevated Storage Tank 24 Repair and Re-Painting Project,Project No. 100885. 25 26 WHEREAS,Principal binds itself to use such materials and to so construct the Work,in 27 accordance with the plans,specifications and Contract Documents that the Work is and will 28 remain free from defects in materials or workmanship for and during the period of two(2)years 29 after the date of Final Acceptance of the Work by the City("Maintenance Period");and 30 31 WHEREAS,Principal binds itself to repair or reconstruct the Work in whole or in part 32 upon receiving notice from the City of the need therefor at any time within the Maintenance 33 Period. 34 35 CITY OF FORT WORTH Calmont Elevated Storage Tank Repair and Re-painting Project STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No.: 100885 Revised July 1,2011 0061 19-2 MAIIVTENANCE BOND 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 PRE ED FTJ.RTHER,that this obligation shall be continuous in nature and 16 successive recoveries may be had hereon for successive breaches. 17 18 19 CITY OF FORT WORTH Cal.-nont Elevated Storage Tank Repair and Re-painting Project STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No.:100885 Revised July 1,2011 006119-3 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 of2MJ^� 3 .20 48. 4 5 PRINCIPAL: 6 A&M Construction and Utilities, Inc. 7 8 9 BY: _ 10 4iganature 11 ATTEST: / 1 13 14 ri'ncipal)Secretary Name and Title 15 16 Address: 4950 Grisham Dr. 17 Rowleft, Texas 75088 18 19 _ 2 itness as to Principal 21 SURETY: 22 Philadelphia Indemnity Insurance Company 23 24 25 BY: 227 6 Sig/nnature,Q�/) 28 29 ATTEST: Name and Title 30 31 Address: One Bala Plaza, Suite 100 32 (Surety)Secretary Bala Cynwyd, PA 19004 33 34 35 Witness#to Surety Telephone Number: 1-877-438-7459 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 Calmont Elevated Storage Tank Repair and Re-painting Project STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No.:100885 Revised July 1,2011 2017 PHILADELPHIA INDEMNITY INSURANCE COMPANY One Bala Plaza,Suite 100 Bala Cynwyd,PA 19004-0950 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS:That PHILADELPHIA INDEMNITY INSURANCE COMPANY(the Company),a corporation organized and existing under the laws of the Commonwealth of Pennsylvania,does hereby constitute and appoint Debbie Palmer,Kara Pierce,Marci Luse and/or Brent M Blonigan of Grayhawk Insurance Associates its true and lawful Attorney-in-fact with full authority to execute on its behalf bonds,undertakings,recognizances and other contracts of indemnity and writings obligatory in the nature thereof,issued in the course of its business and to bind the Company thereby,in an amount not to exceed$25,000,000. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY on the 10 of November,2016. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company: (1) Appoint Attomey(s) in Fact and authorize the Attorneys) in Fact to execute on behalf of the Company bonds and undertakings,contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attomey-in-Fact and revoke the authority given. And,be it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile,and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 27Tn DAY OF OCTOBER,2017. _ 1927 - (sue) Robert D.O'Leary Jr.,President&CEO Philadelphia Indemnity Insurance Company On this 27te day of October,2017,before me came the individual who executed the preceding instrument,to me personally known,and being by me duly sworn said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY;that the seal affixed to said instrument is the Corporate seal of said Company;that the said Corporate Seal and his signature were duly affixed. COMMONWEAYY OF PEN SYl— Notary Public: II/��r NOTl1RIM1LSEAL h m �q 7'a...._n.. Meegm[n11pP NOIaryPuO+e `. X`•'� '1'�'t�JJ t`! LOwl SVfion f.vP..Mnnl�w 25,232 M1MGammissbn Fsdro19s01.25,IO2M1 ' aKu6+tagKa'�� 0-NIiONOf� residing at: Bala Cynwyd,PA (Notary Seal) My commission expires: Member 25.2021 I,Edward Sayago,Corporate Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY,do hereby certify that the foregoing resolution of the Board of Directors and this Power of Attorney issued pursuant thereto on this 27i°day of October,2017 are true and correct and are still in full force and effect.I do further certify that Robert D.O'Leary Jr.,who executed the Power of Attorney as President,was on the date of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY, In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this_ day of 20�. Edward Sayago,Corporate Secretary PHILADELPHIA INDEMNITY INSURANCE COMPANY I IMPORTANT NOTICE ADVISO IMPORTANTE To obtain information or make a complaint: You may Para obener informacion o para someter una queja: call the Surety's toll free telephone number for Usted puede Ilamar at numero de telefono gratis de information or to make a complaint at: para informacion o para someter una queja at: 1-877-438-7459 1-877-438-7459 You may also write Philadelphia Indemnity Insurance Usted tanbien puede escribir a Philadelphia Company at: Indemnity Insurance Company: P Y: One Bala Plaza,Suite 100 One Bala Plaza, Suite 100 Bala Cynwyd, PA 19004 Bala Cynwyd, PA 19004 Attention: Senior Vice President and Attention: Senior Vice President and Director of Surety Director of Surety You may contact the Texas Department of Insurance Puede comunicarse con el Departamento de to obtain information on companies, coverage, rights Seguros de Texas para obtener informacion acerca or complaints at: de companias, coberturas, derechos o quejas at: 1-800-252-3439 1-800-252-3439 You may write the Texas Department of Insurance Puede escribir at Departmento de Seguros de Texas: at: P.O. Box 149104 P.O. Box 149104 Austin,TX 78714-9104 Austin,TX 78714-9104 Fax#512-475-1771 Fax#512-475-1771 Web: http:/hvww.tdi.state.tx.us Web: http:/hvllvj.td i.state.tx us Email: ConsumerProtection@tdi.state.tx.us Email: ConsumerProtection@tdi.state.tx.us PREMIUM OR CLAIM DISPUTES: Should you have DISPUTAS SOBRE PRIMAS O RECLAMOS: Si a dispute concerning your premium or about a claim. tiene una disputa concerniente a su prima o a un you should contact the Surety first. If the dispute is reclamo, debe comunicarse con el Surety primero. Si not resolved, you may contact the Texas Department no se resuelve la disputa, puede entonces of Insurance. comunicarrse con el departamento (TDI). ATTACH THIS NOTICE TO YOUR BOND: This UNA ESTE AVISO A SU FIANZA DE GARANTIA: notice is for information only and does not become a Este aviso es solo para proposito de informacion y part or condition of the attached document. no se convierte en parte o condicion del documento adjunto. CONTRACTOR'S AF FaDAVRT OF ALL MLLS IPAED STATE OF TEXAS COUNTY OF DALLAS ]Personalliy,lbeffore rme tlbe undersigned aunthorkyT,on this days appeared AN'I<'ONIO BANDA,who being duly sworn,on oatlh,says th2t he is time Regai representative of Ae-,, CONSTRtJCTEON AND U 1TdLMIES,ENC. of 4,950 Grish=Dr.,Rowlett,T 753088,and that the work ffor tlhe]project designated as 1.0MG CA.LlI iGIV117ELEVATIED STOIRA GET tTA1YtC PAIR AArD IR I _PAJ71�Vj7j1�V(G P�7?0 Z11 CT 1y7®. I00S85.... 1HLas been satisffactorily com pReted9 and that ail MRs for materials,sup plies,apparatus, fatures,machinery and labor used in connection with the construction off this rpm ect Imave ]been ffu Hy paid. tontractor 9 - Date State of—Viah _ County of_D j&�, Sub=beed and mom to(or a*m90 bem n.ft ��� day Of U9'� 20(= n know — ,�-` ooident � fdenifflCE1�19fi� �i RN per, U....... .,: MYNotary lD# FtubNo Expires Jan 1 5177912 "' rY ,2021