HomeMy WebLinkAboutContract 44169 FoRTW ��` crry SECRET
ARY
c omTRACT
00"000 M"
PROJECT MANUAL
FOR
THE CONSTRUCTION OF
'A TAR, PA VINE AN',t�DRAINA1.E'
I PR0VEMEN"T "FOR
(AL TA VITA TO PARS" VISTA)
City Project No.00791
Betsy Price Teraw"a Higgins
Mayor City Manager
S. Frank Crumb,P.E.
Director,War Department
Douglas VW ier ig, P.E.
Director,Transportation and Public is `or s Department
Prepared for
The City of Fort Worth
Transportation and Public Works
Water Department
2,012
A PE NS
T.Am. TFAGUE, NALL ANDRK
Civil Engineering, I Surveying � Landscape Architecture ; Manning
TBPE R e i tratian "n. F-230
►
1100 Macon Street '0
" �� � Ma4AY �
.Fart Worth, Texas 76102 �. � .,.. �.
Carp ,.+. i$
C OITY as 1,t
�.:
00 52 43- I
Agreement
Page I of 4
WOO 1 SECTION 00 52 43
2 AGREEMENT
3 THIS AGREEMENT, authorized on a 7niq is made by and between the City of Forth
11111r, 4 Worth, a Texas home rule municipality, tihg' y-and through its duly authorized City Manager,
5 ("City"), and McClendon Construction, Inc., authorized to do business in Texas, acting by and
6 through its duly authorized representative, ("Contractor").
fllffla
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 Construction of Keller-Hicks Road from 800 Feet East of Alta Vista Road to Park Vista
16 Boulevard
17 City Project iYunt ber 00 791
18 Article 3. CONTRACT TIME
19 3.1 Time is of the essence.
20 All time limits for Milestones, if any, and Final Acceptance as stated in the Contract
21 Documents are of the essence to this Contract.
22 3.2 Final Acceptance.
"(00 23 The Work will be complete for Final Acceptance with-in i'360 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
WOO
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 Thirty Dollars ($630.00 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.
WIWI
CITY OF FORT WORTH Construction of Keller-Hicks Road
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Citv Project,''umber 007911
Revised August 17,2012
raiarrn
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 Nine Hundred Twenty-nine Thousand
39 Six Hundred Thirty-six and 44/100..............................Dollars ($1,929,636.44).
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
AS, 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:
t 69 a. Notice to Proceed.
70 b. Field Orders.
71 c. Change Orders.
72 d. Letter of Final Acceptance.
73
74
as
MIN CITY OF FORT WORTH Construction o/Keller-Hicrks Road
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CNY Project Number 007911
Revised August 17,2012
"'AN 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 tinder this contract. This indemnification provision is specifically intended to operate
81 and be effective even if it is alleged or proven that all or some of the damages being
82 soti2ht 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 operate 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 pa
94 by any act, omission or negligence of the city.
95
VON 96 Article 7. MISCELLANEOUS
97 7.1 Terms.
98 Terms used in this Agreement which are defined in Article I 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 Severability.
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
ill 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
115 Northern District of Texas, Fort Worth Division.
CITY OF FORT WORTI I Cons1ruclion of Keller-Kicks Road
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Ci1v Projeci,,Vwnber 007911
Revised August 17,2012
V 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.
WIN,
121 Contractor shall attach evidence of authority to sign Agreement, if other than duly
122 authorized signatory of the Contractor.
AM* 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
By: ��0044
Fernando Costa
By: Assistant City Manager
(§-Ignature) Date
WWI tAN McrU-'VD0m,, PnESIDENIT
Atte t:
(Printed Name) city Seer t
nor (Seal) Ay
Ay w
T a oo
itle: pvw-s 1 -04 N N;p
, 'N 71100
0 OX
P.O� L-30X 996 woo 0 p3
Address: 0 n,
M&C
Date: - r
1 000 IEP
pia �City/State/Zip: Approva&,4s t Form and Legality:
Date Douglas W. Black
Assistant City Attorney
129
WOO 130
131 APPROVAL RECOMMENDED:
132
401 133
134
135 Doug lVic, 9
136 DIRECT
IN 137 Transportalion Public TVorks,
138
100
Nhla CITY OF FORT WORTH Cmwrtiction ojKeller-Hicks Road
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Citv Project Number 007911
Revised August 17,2012
10
dea Bond No. TXC 604810
006113-1
PERFORMANCE BOND
ON(* Page I of 2
ANN 1 SECTION 00 6113
PERFORMANCE BOND
3
4 THE STATE OF TEXAS §
5 § KNOW ALL BY THESE PRESENTS:
6 COUNTY OF TARRANT §
VAN 7
McClendon Construction Company, Inc.
8 That we, ,known as"Principal"herein and
fouk 9 Merchants Bonding Company a corporate surety(sureties,if more than
to one)duly authorized to do business in the State of Texas,known as"Surety"herein(whether one
02%, 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 Mallon Nine
13 Hundred Twenty-nine Thousand Six Hundred Thirty-six and 44/100...................Dollars
AND
14 ($1,929,636.44),lawful money of the United States,to be paid in Fort Worth,Tarrant County,
15 Texas for the payment of which sum well and truly-to be made,we bind ourselves,our heirs,
450 16 executors,administrators,successors and assigns,jointly and severally,firmly by these presents.
17 WHEREAS,the Principal has entered into a certain written contract with the City
frUO 18 awarded the_day of JAN 0 8 2013 20____,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
NUN 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 Construction of Keller-Hicks Road from
M0111 22 800 Feet East of Alta Vista Road to Park Vista Boulevard City Proiect#:00791
23 NOW,THEREFORE,the condition of this obligation is such that if the said Principal
KNIA 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.
OWN,
CITY OF FORT WORTH Consbwfion qf Keller-KkArs Road
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City PrqJecy#_-00791
frufa Revised July 1,2011
fwffio
1 N,
0061 13-2
PERFORMANCE BOND
Page 2 of 2
--_Thus-bdfid ismade and exeented in eomplianee with the provisions oi'-Chaptea2253'of the
,ai��O 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 JAN Q 8 2013 day of
7 PRINCIPAL:
SAM 8 McClendon Construction Companv, Inc.
9
10
11 BY: lt_�,
bell 12 ignatnre
13 ATT ST.
14 bAN LENDON, PRESIDENT
15 "
ANN 16 (P Secre Name and Title
17
18 Address: Po Box 996
19
Burleson TX 76097
ff fr�tr
24
21 ,
22 s as to Prin fpal
On
23 SURETY:
24 Merchants Bonding Com an
25
ku 27 B ,
28
29 (*11 ���:...,_
30 Jennifer J. Clark, Attorney-in-Fact
awu 31 Name and Title
32
33 Address: 2100 Fleur Drive
34 Des Moines IA 50321
trot 35
I
36
37 Witnessas to Surety - Danielle Dinser Telephone Number: 515 243-8171
38
iriarr 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 trust be provided.
44 The date of the bond shall not be prior to the date the Contract is awarded.
45
r,�rr
CITY OF FORT WORTH Construction ofKello-Hicks Road
STANDARD CONSTRUCTION SPECIFICATION DOCUMENT'S Cl(v Project ii:00791
Revised July 1,2011
ifar!�fa
ARNO
Bond No. TXC 604810
OD 6114-1
PAYMENT BOND
Page I of 2
SECTION 00 6114
2 PAYMENTBOND
3
WNW 4 THE STATE OF TEXAS §
5 § KNOW ALL BY THESE PRESENTS:
6 COUNTY OF TARRANT §
McClendon Construction Company, Inc.
;rrlrwwo 7 That we, known as "Principal" herein, and
8 Merchants Bonding Company I a corporate surety
AN" 9 (sureties), duly authorized to do business in the 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
ima
12 penal sum of One Million Nine Hundred Twenty-nine Thousand Six Hundred Thirty-six and
13 44/100........,... Dollars ($1,2636.�44 , lawful money of the United States, to be paid in Fort
NO 14 Worth, Tarrant County, Texas, for the,payment of which sum well and truly be made, we bind
15 ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally,
fflaffifl 16 firmly by these presents:
17 WHEREAS,Principal has entered into a certain written Contract with City, awarded the
ONA 18 day of 1. — 3 -_ d '�.` 2q._, which Contract is hereby referred to and
19 made a part hereof for all purposes as if fully set forth herein,to famish 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 Construction of Keller-Hicks Road from 800 Feet East of Alta
22 Vista Road to Park Vista Boulevard City Project#: 00791.
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 fall
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,
fey
31
AN&
CITY OF FORT WORTH Construction ofKellcr-Hicks Road
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CityProjeciff:00791
rid Revised July 1,2011
006114-2
PAYMENT BOND
Tree
Page 2 of 2
1 V WITNESS WHEREOF,the Principal and Surety have each SIGNED and SEALED
2 this instrument by duly authorized agents and officers on this the JAN 0 8 2013 day of
3 ,20
rrr,
4
PRINCIPAL:
NO McClendon Construction Company, Inc.
ATTEST: BY:
.�, ature
�w .. DAN cCL :N , PRESIDENT
,,,rw
" Secretary Name and Title
Address: Po Box 996
/ n Burleson, TX 76097
lrra� V!l.
witness as to Pnnci a
NO SURETY:
Merchants Bonding Company
ATTEST:
Si tur f
Jennifer J. Clark, Attorney-in-Fact
(Surety)Secretary - colleen Romo Name and Title
Address: 2100 Fleur Drive
Des Moines, IA 50321
witness aS t0 Surety Danielle Dinser
Telephone Number: (515) 243-8171
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.
«X
11 END OF SECTION
O 12
rr��a
CITY OF FORT WORTH Consbucdion ofKeller-Hicks Road
WHO, Revised CONSTRUCTION SPECIFICATION DOCUMENTS 0o Profecl d: 00791
Revised July 1,2011
�r�rrR
Bond No. TXC 604810
006119-1
?4AINTENANCE BOND
Page I of 3
SECTION 00 6119
2 MAINTENANCE BOND
3
4 THE STATE OF TEXAS §
NSA 5 § KNOW ALL BY THESE PRESENTS:
6 COUNTY OF TARRANT §
7
McClendon Construction Comoanv, Inc.
8 That we --- --- —----)known as"Principal"herein and
9 Merchants Bonding Company 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 the State of Texas,known as"City"herein,in the sum of One Million
13 Nine Hundred TwenW-nine Thousand Six Hundred Thirty-six and 44/100..............Dollars
14 ($1,929,636.44),lawful money of the United States,to be paid in Fort Worth,Tarrant County,
15 Texas,for payment of which sum well and truly be made unto the City and its successors,we
16 bind ourselves,our heirs, executors,administrators,successors and assigns,jointly and severally,
NMI'm 17 firmly by these presents.
18
ka, 19 WHEREAS,the Principal has entered into a certain written contract with the City awarded
20 the day of JAN 0 8 2013—,20 which Contract is hereby
WIN# 21 referred to and a made part hereof for all purposes as if fully set forth herein,to famish 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,
NO 24 the"Work")as provided for in said contract and designated as Construction of Keller-Hicks
25 Road from 800 Feet East of Alta Vista Road to Prak Vista Boulevard City Project#: 007913
AM* 26 and
27
0001 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
CITY OF FORT WORTH Consinxtion ofKeller-Hick Road
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project#.-00 791
Revised July 1,2011
t2iWRrfr
006119-2
MAINTENANCE BOND
rrrl Page 2 of 3
1 -- -AM REAS,Principalfi indsitself-to-repair-orreeonstnzct-the Work-in-whole-orin-part -- - --
2 upon receiving notice from the City Of the need therefor at any time within the Maintenance
3 period.
4
5 NOW THEREFORE,the condition of this obligation is such that if Principal sbal l
6 remedy any defective Work„for which timely notice was provided by City,to a completion
Uv 7 satisfactory to the City,then this obligation shall become null and void;otherwise to remain in
8 full farce and effect.
aura 9
10 PROVIDED,HOWEVER, if Principal shall fail so to repair or reconstruct any timely
11 noticed defective Work,it is agreed that the City may cause any and all such defective Work to
12 be repaired and/or reconstructed with all associated costs thereof being borne by the Principal and
13 the Surety under this Maintenance bond; and
frog 14
15 PROVIDED FURTHER,that if any legal action be filed on this Bond, venue shall lie in
(00001 16 Tarrant County,Texas or the United States District Court for the Northern District of Texas,Fart
17 Worth Division;and
N
18
19 PROVIDED FURTHER,that this obligation shall be continuous in nature and
20 successive recoveries may be had hereon for successive breaches.
rm.
21
22
23
'rrrrmu
u,*
ark
CITY OF FORT WORTH Construction of Keller-Hicks Road
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 0tv ProJcct p_- 00791
rrrr Revised July 1,2011
ir�rP�a
006119-3
MAINTENANCE BONA
Page 3 of 3
�rrti
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 JAN 0 S 2013
3 ,20
WNW, 4
5 PRINCIPAL:
6 Mccie n Construction Company, Inc.
ro 7
8 /
9 BY: A WZ�I�L
10 Signature
(00000 11 ATTEST ..
12 DAN. , RES1 "
13
14 cc etary Name and Title
15
16 Address: PO sox 996
17 Burleson, TX 76097
11169 18
19
20 W'It-ne6VsLeovPrinci
21 SURETY:
22 Merchants Banding Company
23
24
25
26
27
28 Jennifer J. Clark, Attorney-in-Fact
29 ATTEST: Name and Title
' 30 8
31 ri 2100 Fleur Drive
°'��.�^. ': Address:
32 (S ty)Secretary - Col pen Romo Des Moines, IA 50321
r 33
34 . ...ar`
35 Witness astoSurety - Danielle Dinser Telephone Number: (515) 243-8171
36
VON, 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.
WNW
40 The date of the bond shall not be prior to the date the Contract is awarded.
41
rrrrUr
�n
CrrY OF FORT WORTH Conatructton of Keller-Hicks Road
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Clty Projeci l: (10791
icnr
Revised July I,2011
nrua�
,,190 M E .0 HANT 7_�k
BONDING COMPANY
IMPORTANT NOTICE
To obtain information or make a complaint:
You may contact your insurance agent at the telephone number provided by your insurance
agent.
You may call Merchants Bonding Company's toll-free telephone number for information or to
make a complaint at:
1-800-678-8171
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
Offs Austin, TX 78714-9104
Fax: (512) 475-1771
Web: http://www.tdi.state.tx.us
(001 E-mail: ConsumerProtection@tdi,state.tx.us
PREMIUM AND CLAIM DISPUTES: Should you have a dispute concerning your premium or
about a claim you should contact the agent first. If the dispute is not resolved, you may contact
the Texas Department of Insurance.
ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not
become a part or condition of the attached document.
4ffi e
SUP 0032 TX (1/09)
kne
W061
Nmw
MERCHANTS
1�k
}
BONDING COMPANY,.
k(a
POWER OF ATTORNEY
Know All Persons ay These Presents,that MERCHANTS BONDING COMPANY(muTuAL)and MERCHANTS NATIONAL BOwmwo.
�
INC.,both being corporations duly organized under the laws of the State of Iowa(herein collectively called the"Companies"),
Aaww and that the Companies do hereby make,constitute and appoint, individually,
Betty J Raah; Bryan K Moore; Gary Wayne Wheatley; Jennifer Clark; Joseph Hal
' C|ayburD8; Michael [} Hendrickson; Pat Moore; Richard Deal
|
10019 of San Antonio and State u/ TX their true and lawful Anome~in'pact.with full power
and authority hereby conferred in their name, place and stead,to sign,execute, acknowledge and deliver in their behalf as surety
any and an uonuv. undertakings, ,ouognizwnm:oo,other written obligations in the nature thereof, subject to the limitation that any
i
such instrument shall not exceed the amount of:
�
WON THREE MILLION(03,000,UUO.O0)DOLLARS
and tu bind the Companies thereby as fully and to the same extent aoi/such bond u,undertaking was signed uy the duly
authorized officers of the Companies, and all the acts of said Attorney-in-Fact, pursuant tu the authority herein given, are
«
hereby ratified and confirmed.
�
-- This power-of-xovmcy is made and executed pursuant to and by authority of the following Lamm adopted by the emmm of
Directors o,the Merchants Bonding Company<MumuVu^April zx.un11 and adopted»y the Board o,Directors m Merchants National
Bonding, mc,00 October z4.zo11
�
"The President, Secretary,Treasurer,or any Assistant Treasurer or any Assistant Secretary any Vice President shall have
J11AN11 power and authority mappoint Amn -in-Fact,and to authorize them to execute on behalf of the Company,and attach mc
seal nr the Company thereto. bonds and undertakings, recognizances,contracts of indemnity and other writings obligatory in
the nature thereof.
U
The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to
YJAIA any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking,recognizance,
or other suretyship obligations of the Cvmpany, and such a.gnwmm and seal when so used aoao have the same force and
effect as though manually nxeu^
� |n Witness mme"eor.mcCompanies have caused miomat,vmontw»e signed and sealed mia 1mday o, January . eo1u,
MERCHANTS BONDING COMPANY(Murux4
v� ``' — MERCHANTS NATIONAL BONDING,INC.
7V 1 1933 ov
'.~ .
STATE or|OWA
COUNTY OppOLnvv. ~°^^~~*— ~°^° p�xmoo
On this im day o January . 2012 before me appeared Lanyrayv,./omopepmnallyknnwn.wmuuoinm»rmouvlyowomum
�
say that he is President of the MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,/mC.;and
NO that the seals affixed m the foregoing instrument m the Corporate Seals or the Companies:and that the said instrument was signed and
sealed in behalf of the Companies by authority of their respective Boards of Directors.
In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa,the day and year
8�
first above written.
101 art
^ aNMARANDAGREENWALT
� My Commission Expires i �
October 28,2014
wotatypvulic,Polk County,Iowa
"
STATE oFIOWA
fiffs COUNTY OrpoLxxv
| mxmamwame, Jr aemew�orma MERCHANTS aOmmwGCOMPANY(MuTuAL)and MERCHANTS NATIONAL oOmmws INC.,
�oxemuypa��t�at��xoaoovoand��gomgmatmcand:one�mmyuYmopOvvsn-OF+\TrOnmsvexecuteduvaamCnmpan'ie.
411460,�~ which is still in full force and effect and has not been amended o,revoked.
In Witness Whereof,I have hereunto set my hand and affixed the seal of the Companies on ^"N 0 m 2013
this day of
..°°.. .°~......
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1933
POAUO14 (11/11)
DATE
CERTIFICATE OF LIABILITY INSURANCE 30/20(MMfDDffYYY)
1/
13
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
Irrrr REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(jes)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 endorsomenqs).
CTACT
PRODUCER NAME: Q_Qa03_Wb1_eY
1BTX Risk Services DFW PHONE 14-2.6
6363 N. State Hwy 161, Suite 100 dAip,N9-ml A -9--tQ-Q- 9
E-MAIL
Irving TX 75038 m N
INSURER(S)AFFORDING COVERAGE AIC,#
INSURER AAmej3AE_e_9u1.u_a1 I ns-C-c1_.. 9 3_3_9B
INSURED -INSURER B:
McClendon Construction Co, Inc. INSURER C:
PC Box 996 INSURER D:
Burleson TX 76097
INSURER El-
INSURER F:
COVERAGES CERTIFICATE NUMBER: 1293770111 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.
POLICY EFF POLICY EXP
LTR TYPE OF INSURANCE IN SR WVD POLICY NUMBER (MMIDDrYYYY) LIMITS
INSIR tMMIDDrYYYYl
A GENERAL LIABILITY PP2051702 1/3112013 /31/2014 EACH OCC1JRRENCF $1,000,000
X COMMERCIAL GENERAL LIABILITY bAm-K6E fOAE�WLD`
-PREMISE 5�
CLAIMS-MADE X7 OCCUR MED 17XP(Any one person) $10,000
'Fla
PERSONAL&A[W INJURY
GENERAL AGGREGAI U 1$2,000,000
GEN1 AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,000,000
POLICY
PRO- LOC $
I IJECT I I
A AUTOMOBILE LIABILITY CA2051701 1/3112013 1/3112014
(Ea accident) $1,000,000
X ANY AUTO BODILY INJURY(Per person) $
ALL OWNED SCHEDULED
AUTOS AUTOS BODILY INJURY(Per accident) $
X NON-OWNED PROPERTY DAMAGE
Afib x $
HIRED AUTOS (Per accident)
A �X UMBRELLA LIAB x OCCUR �CU 2051703 1/31/2013 /31/2014 EACH OCCURRENCE
EXCESS LIAB Cl AI� "I MS-MADF OCCURR $2,000,AG GREG
x $2
DIED RETENTIONSO
$
A WORKERS COMPENSATION C-2051704 1/31/2013 1/31/2014 iX TORY TATU- , 0TH-
'
AND EMPLOYERS'LIABILITY YIN WC S(LIMITS t
ANY PROPRIETORIPARVNER/EXECUTIVE N N/A F I EACH ACCIDENT $1,000,000
OFFICER/MEMBER EXCLUDED?
Mandatory in NH) ELPdescribe EASE EA EMPLOYEE $1,000,000 .....
I(yes,describe under
DESCRIPTION OF OPERATIONS below E L.DISEASE-POLICY LIMIT $1,000,000
,00
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required)
The General Liability and Automobile policies include a blanket automatic additional insured endorsement[CG7085 12/11 &CA7118 11/09]
W that provides this feature only when there is a written contract between the named insured and the Certificate holder that requires such
status.The General Liability,Automobile,and Workers' Compensation policies include a blanket automatic waiver of subrogation
endorsement[CG7063 12/11, CA7118 11/09&WC420304A]that provides this feature only when there is a written contract between the
named insured and the Certificate holder that requires such status, Primary Non-Contributory wording per endorsement[CG7085 12/11
Cancellation per attached[11-7045 05/07],
See Attached,
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
City of Fort Worth ACCORDANCE WITH THE POLICY PROVISIONS.
1000 Throckmorton Street
Fort Worth TX 76102 AUTHORIZED REPRESENTATIVE
Not <J �����+!
1 988-201 0 ACORD CORPORATION. All rights reserved.
ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD
AGENCY CUSTOMER ID:
rml LOG#:
ADDITIONAL REMARKS SCHEDULE Page I of 1
AGENCY NAMEDINSURED
IBTX Risk Services DFW McClendon Construction Co, Inc.
................. PO Box 996
POLICY NUMBER Burleson TX 76097
CARRIER NAIC CODE
-------... .......... .......
EFFECTIVE DATE
ADDITIONAL REMARKS
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM,
FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE
RE: Construction of Keller-Hicks Road from 800 Feet East of Alta Vista Road to Park Vista Boulevard- Project#00791
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ACORD 101 (2008/01) 2008 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
/Mw
rage i. Or L
siio or the Cagy of Fort Woilh, texas
Czar COUNCIL AGENDA FORM
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aran !mMUwummrvwiaYY.W1Ma^auwimo w iwre^vdID r ..m wimunwr vx»rrc auw.,n,m mma mi a ari sfrmmn.mar ra,t.waruvwwm, nmmm smrru arvuwm2v nu xr. n w wuxar e...iumu�rxmimwaw� wu..e�mmw r+w.w.wnde, mxw.wWWmwrm!w.:arvraz mmrz'trnn
COUNCIL ACTION: Approved on 1/8/2013 - Ordinance Nos. 20578-01-2013 & 20579-01-2013
DATE: 1/8/2013 REFERENCE C-26050 LOG NAME: 20KELLER-HICKS
NO.: CONSTRUCTION 00791
CODE: C TYPE: CONSENT HEARING:
NO
SUBJECT: Authorize Execution of a Contract with McClendon Construction Co., Inc., in the Amount
of$1,929,636.44 for the Construction of Keller-Hicks Road from 800 Feet East of Alta
Vista Road to Park Vista Boulevard and $77,363.56 for Contingencies, $40,000.00 for
City Furnished Materials, and $202,000.00 for Construction Services for a Project Total in
the Amount of$2,249,000.00 and Adopt Appropriation Ordinances (COUNCIL DISTRICT
MOW the
S RECOMMENDATION:
It is recommended that the City Council:
1. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
AN Special Assessments Fund in the amount of $343,404.68 from available funds;
2. Authorize the transfer in the amount of$343,404.68 from the Special Assessments Fund to the
2007 Critical Capital Projects Fund;
NN
3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
2007 Critical Capital Projects Fund in the amount of$343,404.68 from available funds; and
i0
4. Authorize execution of a contract in the amount of$1,929,636.44 with McClendon Construction
Co., Inc., for the construction of Keller-Hicks Road from 800 feet east of Alta Vista Road to Park Vista
Boulevard.
A
DISCUSSION:
"ayark This project provides for the construction of Keller-Hicks Road from 800 feet east of Alta Vista Road
to Park Vista Boulevard as a four-lane undivided arterial roadway. Construction is funded by the
2007 Critical Capital Program and developer contributions of future improvement funds received
through Community Facilities Agreements.
The project was advertised in the Fort Worth Star-Telegram on October 18, 2012, October 25, 2012,
and the following bids were opened on November 15, 2012:
Bidder Bid Amount
McClendon Construction Co., Inc. $1,929,636.44
McMahon Contracting $2,044,434.23
Conatser Construction $2,056,056.00
JLB Contracting LLC $2,075,855.88
CPS Civil, LLC $2,237,762.19
,Ara Jackson Construction, Ltd. $2,298,099.25
RKM Utility Services, Inc. $2,328,969.50
L.H. Lacy Construction $2,480,000.00
%°N Staff has reviewed the bids and determined the unit prices are consistent with other recently
submitted bids for similar size and type of projects.
1110
http: //apps . cfwnet . org/council_pacl<et/mc_review . asp?ID=17 . . . 2/1/2013
Ise
M&C Review
�
In addition to the contract cost, funding in the amount of $77,363.56 will be utilized for contingencies,
$40.000.00 for City furnished nnabaha|y. and $202.000.00 for construction services fora project total
� in the amount of$2,249,000.00.
McClendon Construction Co.. Inc., is in compliance with the City's BOE Ordinance by committing to
' nine percent MBE participation and documenting good faith effort on this combined project. The City's
/
�=
MBE goal on this combined project is 11 percent,
This project inlocated on W1APSC() 22K and 22LinCOUNCIL DISTRICT 2.
\
ON(" .
�
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
ON, the current capital bodget, as appropriated, of the 2007 Critical Capital Projects Fund.
TO Fund/Account/Centers FROM Fund/AccounVCenters
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� 1) L
GS94 488100 020941369010 ����� �����
1l 4)
� $343,404.68 C295 541200 202230079183
$1,92$1,929,636.44�fU�l ��
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2&3)
C295 472094 202230079183
$343,404.68
�
3) C295 541200 202230079183
SO ======
�
» Fernando Costa (6122)
Originating Department Head:�
Douglas VV. VWenzig (78O1)
— Mike Weiss (8485)
WOO
20KELLER-HICKS CONSTRUCTION 00791 A013.doc
20KELLER-HICKS CONSTRUCTION 00791 MAP.pd
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ATTACHMENTS
� 20KELLER-HICKS CONSTRUCTION 00791 C295A013,doc
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