Loading...
HomeMy WebLinkAboutContract 46003 My WORM CONTRACT Ito. FONT WORTH PROJECT MANUAL FOR THE CONSTRUCTION OF Installation of 16" Meters and Bypass Line For Crowley Wastewater Meter Station City Project No.02086 Sewer Project No.P258-541200-706250208680 DOE No. 6837 r Betsy Price Tom Higgins Mayor City Manager r S. Frank Crumb, P.E. Director, Water Department Richard Zavala Director, Parks and Community Services Department Prepared for The City of Fort Worth Water Department May 2013 K t®F?: ,t �� %$:.........................: ..PAUL W. wR1GHT .................:..0 OFFICIAL.RECORD CITY SECRETARY .WORTH Tx 65� CIVp Ott k M&C Review Page 1 of 2 official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA COUNCIL ACTION: Approved on 9/9/2014 REFERENCE 60CROWLEY WW METER DATE: 9/9/2014 NO.: C-26969 LOG NAME: STATION-MELA CONTRACTING CODE: C TYPE: NOW PUBLIC NO CONSENT HEARING: SUBJECT: Authorize Execution of a Contract with MELA Contracting, Inc., in the Amount of $471,000.00 for Construction of the Crowley Wastewater Meter Station Replacement Project and Provide for Project Contingencies and Parks and Community Services Forestry Fees for a Project Total of$543,900.00 (COUNCIL DISTRICT 6) RECOMMENDATION: , It is recommended that the City Council authorize execWipfh of a contract with MELA Contracting, Inc., in the amount of$471,000.00 for construction of the Crowley Wastewater Meter Station Replacement Project and provide for project contingencies and Parks and Community Services Forestry fees for a project total of$543,900.00. DISCUSSION: The Crowley wastewater meter, station replacement project will replace an existing flume type meter with an inverted siphon type meter, which should improve metering accuracy over a wider range of flow conditions. This project was previously bid on May 23, 2013, with bids rejected by City Council on September 10, 2013, Mayor and Council Communication (M&C C-26428) due to the failure of the low bidder to submit Minority Business Enterprise subcontractor utilization forms in a timely manner. The project was re-advertised on May 22, 2014 and May 29, 2014 in the Fort Worth Star- Telegram. On July 10, 2014, the following six bids were received: BIDDER BID AMOUNTI CONTRACT MELA Contracting, Inc. $471,000.00 90 calendar days Crescent Constructors, Inc. 1 $487,000.00 Circle "C" Construction IF$494,999.60 North Texas Contracting, Inc. 1$585,540.70 Mountain Cascade of Texas, LLC $639,793.40 Ark Contracting Services, LLC $679,414.90 M/WBE Office- MELA Contracting, Inc., is in compliance with the City's BDE ordinance by committing to 12 percent MBE participation on this project. The City's MBE goal on this project is 10 percent. In addition to the contract cost, $38,500.00 is provided for project contingencies and $34,400.00 for PACS forestry fees. The project is located in COUNCIL DISTRICT 6, Mapsco 118H. http://apps.cfwnet.org/council_packet/mc review.asp?ID=20182&councildate=9/9/2014 9/23/2014 M&C Review Page 2 of 2 FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current capital budget, as appropriated, of the Sewer Capital Projects Fund. TO Fund/Account/Centers FROM Fund/Account/Centers P258 541200 706250208680 $471.000.00 Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: S. Frank Crumb (8207) Additional Information Contact: Chris Harder(8293) r ' ATTACHMENTS 60CROWLEY WW METER STATION-MELA CONTRACTING map.Pdf 4 S i http://apps.cfwnet.org/council_packet/mc review.asp?ID=20182&councildate=9/9/2014 9/23/2014 CITY OF FORT WORTH WATER DEPARTMENT ENGINEERING SERVICES DIVISION ADDENDUM NO. 1 INSTALLATION OF 16"METERS AND BYPASS LINE FOR CROWLEY WASTEWATER METER STATION ' AT RENDON-CROWLEY ROAD DOE NO. 6837 CITY PROJECT NO. 02086 SEWER PROJECT NO. P258-541200-706250208680 RELEASE DATE:June 16,2014 INFORMATION TO BIDDERS: The Specifications and Contract Documents for the above mentioned project are revised and amended as follows: 1. In SECTION 00 11 13 INVITATION TO BIDDERS,the first paragraph specifies that sealed proposals "will be received at the Purchasing Office until 1:30 p.m.,Thursday,June 19,2014 and then publicly opened and read aloud at 2:00 p.m. in the Council Chambers."The INVITATION TO BIDDERS shall be REVISED in that sealed proposals"will be received at the Purchasing Office until 1:30 p.m.,THURSDAY JUNE 26,2014 and then publicly opened and read aloud at 2:00 p.m.in the Council Chambers." Please acknowledge receipt of the Addendum in the bid proposal and on the outside of the sealed envelope. RECEIPT ACKNOWLEDGED: S.FRANK CRUMB,P.E. DIRECTOR,WATER DEPARTMENT / 1 By: //fir/ Paul Wright,P.E. Water Department Engineering Services/Production CITY OF FORT WORTH WATER DEPARTMENT # ENGINEERING SERVICES DIVISION ADDENDUM NO. 2 # INSTALLATION OF 16" METERS AND BYPASS LINE FOR CROWLEY WASTEWATER METER STATION # AT RENDON-CROWLEY ROAD DOE NO. 6837 # CITY PROJECT NO. 02086 SEWER PROJECT NO. P258-541200-706250208680 RELEASE DATE:June 26,2014 INFORMATION TO BIDDERS: The Specifications and Contract Documents for the above mentioned project are revised and amended as follows: # 1. The INVITATION TO BIDDERS shall be REVISED in that sealed proposals"will be received at the Purchasing Office until 1:30 p.m.,THURSDAY JULY 10,2014 and then publicly opened and read aloud at 2:00 p.m.in the Council Chambers." + Please acknowledge receipt of the Addendum in the bid proposal and on the outside of the sealed envelope. RECEIPT ACKNOWLEDGED: S.FRANK CRUMB,P.E. DIRECTOR,WATER DEPARTMENT d � vrv�� Paul Wright,P. . Water Department Engineering Services/Production 005243-1 Agreement y Page 1 of 4 1 SECTION 00 52 43 2 AGREEMENT 3 THIS AGREEMENT, 4ulhorized oh.54pjqM 111!l slnade by and between the City of Forth 4 Worth, a Texas home rule municipality,.actin by an through 'tyl duly authorized City lYi�i1$ger, 5 ("City"), aLf $ t C. 6 authorized to do business in Texas, acting by and thrdtfglf its duly authorized representative, 7 ("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 Installation of 16"Meters and Bypass Line for Crowlgy Wastewater Meter Station 17 City Project No. 02086 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. 23 The Work will be complete for Final Acceptance within 90 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 t 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 Two Hundred and Ninety-two Dollars ($292.00) for each day that expires after the 34 time specified in Paragraph 3.2 for Final Acceptance until the City issues the Final Letter 35 of Acceptance. CITY OF FORT WORTH 16"METERS FOR CROWLEY WASTEWATER STATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02086 Revised August 17,2012 00 52 43-2 Agreement Page 2 of 4 36 Article 4. CONTRACT PRICE 37 City agrees to pay Contractor for performa�n!ce of the Work in accordance with the Contract 38 Documents an amount in current funds of/-A q P- A y N d,ead A*d Do ars 39 ($471, 000. �'� ) ,�Nl • OMe T�Ot�S�M 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 CITY OF FORT WORTH 16"METERS FOR CROWLEY WASTEWATER STATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02086 Revised August 17,2012 005243-3 Agreement Page 3 of 4 74 Article 6. INDEMNIFICATION 75 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own 76 expense, the city, its officers, servants and employees, from and against any and all 77 claims arising out of, or alleged to arise out of,the work and services to be performed 78 by the contractor, its officers, agents, employees, subcontractors, licenses or invitees ' 79 under this contract. This indemnification provision is specifically intended to operate 80 and be effective even if it is alleged or proven that all or some of the damages being 81 sought were caused, in whole or in part, by any act, omission or negligence of the city. 82 This indemnity provision is intended to include, without limitation, indemnity for 83 costs, expenses and legal fees incurred by the city in defending against such claims and 84 causes of actions. 85 86 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, 87 the city,its officers, servants and employees,from and against any and all loss, damage 88 or destruction of property of the city,arising out of,or alleged to arise out of,the work 89 and services to be performed by the contractor, its ,officers, agents, employees, 90 subcontractors, licensees or invitees under this contract. This indemnification { 91 provision is specifically intended to operate and be effective even if it is alleged or 92 proven that all or some of the damages being sought were caused, in whole or in part, 93 by any act, omission or negligence of the city. 94 95 Article 7.MISCELLANEOUS 96 7.1 Terms. 97 Terms used in this Agreement which are defined in Article 1 of the General Conditions will 98 have the meanings indicated in the General Conditions. ' " 99 7.2 Assignment of Contract. 100 This Agreement, including all of the Contract Document§ may not 'lie assigned by the 101 Contractor without the advanced.express written consent of the City. 102 7.3 Successors and Assigns. 103 City and Contractor each binds itself, its partners, successors, assigns . - legal 104 representatives to the other party hereto, in respect to all covenants, agreer i&ts and 105 obligations contained in the Contract Documents. 106 7.4 Severability. 107 Any provision or part of the Contract Documents held to be unconstitutional, void or .. 108 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all 109 remaining provisions shall continue to be valid and binding upon CITY and 110 CONTRACTOR. �. 111 7.5 Governing Law and Venue. 112 This Agreement, including all of the Contract Documents is performable in the State of 113 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the ` 114 Northern District of Texas;Fort Worth Division. CITY OF FORT WORTH 1'6"METERS FOR CROWLEY WASTEWATER STATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02086 Revised August 17,2012 005243-4 Agreement Page 4 of 4 115 7.6 Other Provisions. - 116 The Contractor agrees to pay at least minimum wage per hour for all labor as the same is 117 classified, promulgated and set out by the City, a copy of which is attached hereto and a 118 made a part hereof the same as if it were copied verbatim herein. 119 7.7 Authority to Sign. 120 Contractor shall attach evidence of authority to sign Agreement, if other than duly 121 authorized signatory of the Contractor. 122 ~' 123 IN WITNESS WHEREOF, City and Contractor have executed this Agreement in multiple 124 counterparts. 125 126 This Agreement is effective as of the last date signed by the Parties("Effective Date"). 127 Contractor: City of Fort Worth By: //•/l/may Fernando Costa By C Assistant City Manager (Signature . Date Attest: (Printed Name) City ecret x°°00 (Seal) Title: 8 8� Address: Alsy 1"*M*.-yt&W Vlt> *$ o8�y M&C C— Z6��l7 Date: Al". S City/State/Zip: A owed a o F and Legality: Date D uglas W. Black Assistant City Attorney 128 - 129 130 APPRO RECO ED. 131 132 133 134 Andrew T. Cronberg, P.E. 135 Interim ,Director 136 Water Department 137 OFFICIAL RECORD i CITY SECRETARY FT. WORTH,TX CITY OF FORT WORTH CROWLEY WASTEWATER STATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02086 Revised August 17,2012 006113-1 PERFORMANCE BOND Page 1 of 2 1 SECTION 00 6113 Bond No. 10 0 0 9 9 619 8 2 PERFORMANCE BOND 3 4 THE STATE OF TEXAS § S § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 8 That we, MELA Contracting, Inc. ,known as American Contractors Indemnity Company 9 "Principal'herein and dba Texas Bonding Company ,a corporate 10 surety(sureties,if more than one)duly authorized to do business in the State of Texas,known as 11 "Surety"herein(whether one or more),are held and finely bound unto the City of Fort Worth,a 12 municipal corporation created pursuant to the laws of Texas,known as"City"herein,in the penal 13 Sum Of, Four Hundred Seventy One Thousand and No/100--- Dollars 14 ($471, 000 .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 WHEnAS,the Principal has entered into a certain written contract with the City 19 awarded the P day of S! Tey%pc f ,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 Installation of 16"Meters and Bypass Line 23 for Crowley Wastewater Meter Station,City Project No. 02086 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 16"METERS FOR CROWLEY WASTEWATER STATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02086 Revised July 1,2011 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 uthorized agents and officers on this the^ day of St C r► Lt 11 6 .20 �� 7 PRINCIPAL: 8 MELA Contracting, Inc 9 10 11 BY: 12 ignature 13 16 (Principal)Secret Name and Title 17 18 Address: 430 Lakeview Road 19 Rhome, TX 76078 20 21* r►1$61 22 VAtnes3 as to Principal 23 SURETY: 24 American Contracto/9 Indemnity Company 25 a Tea as Pon0iici(/Com1oanv 26 27 28 igna e 29 30 Je fifer Picchi, Attorney-in-Fact 31 Name and Title 32 33 Address: 601 South Figueroa St., 16tt Floor 34 Los Angeles, CA 90017 . 35 36 37 Witness as to Surety,Trenae Donovan Telephone Number: 1310) 64 a-0 9 9 0 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 16"METERS FOR CROWLEY WASTEWATER STATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02086 Revised July I,2011 0061 14-1 PAYMENTBOND Page 1 of 2 1 SECTION 00 6114 Bond No. 1000996198 2 PAYMENT BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 8 That we, MELA Contracting, Inc. known as American Contractors indemnity Company 9 "Principal' herein, and Texas Bonding Company , a 10 corporate surety (sureties), duly authorized to do business in the State of Texas, known as 11 "Surety"herein(whether one or more),are held and firmly bound unto the City of Fort Worth,a 12 municipal corporation created pursuant to the laws of the State of Texas,known as"City"herein, 13 in the penal SUM of Four Hundred Seventy One Thousand and No/100--- Dollars 14 ($471, 060 . 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 be made,we bind ourselves, 16 our heirs, executors,administrators, successors and assigns,jointly and severally,firmly by these 17 presents: 18 A WHEREAS,Principal has entered into a certain written Contract with City, awarded the 19 C1 day of_!Se e M b" 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 Installation of 16" Meters and Bypass Line for Crowley 23 Wastewater Meter Station,City Project No.02086. 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. CITY OF FORT WORTH 16"METERS FOR CROWLEY WASTEWATER STATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02086 Revised July 1,2011 0061 14-2 PAYMENTBOND Page 2 of 2 1 IN WITNESS WHEREOF,the Principal and Surety have each SIGNED app SEALED 2 Cth'is jistrument by duly authorized agents and officers on this the L day of 3 S tP 8 rh)V,r 4 PRINCIPAL: MELA Contracting, Inc. ATTEST: BY: Signature A4 LA-O-Aptt::�Ld (Princip Secre Name and Title Address: 430 Lakeview Road ' Rhome, TX 76-078 •Witness as to.Principal SURETY: American Contractors Inde nity Company db c C ny ATTEST: B . gn re ennifer Picchi, Attorney-in-Fact- (Surety)Secretary Name and Title w Address: 601 south Figueroa St., 1Stl Floor Los Angeles, CA 90017 Witness as to Surety, Trenae Donovan Telephone Number: (310) 649-0990 S 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 16"METERS FOR CROWLEY WASTEWATER STATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02086 Revised July 1,2011 006119-1 MAINTENANCE BOND Page 1 of 3 1 SECTION 00 6119 Bond No. 1000996198 2 MAINTENANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 8 9 That we MELA Contracting, Inc. ,known as American Contractors Indemnity Compan 10 "Principal"herein and dba Texas Bonding Company , corporate surety 11 (sureties, if more than one)duly authorized to do business in the State of Texas, known as 12 "Surety"herein(whether one or more),are held and firmly bound unto the City of Fort Worth,a 13 municipal corporation created pursuant to the laws of the State of Texas,known as"City"herein, 14 In the sum of Four Hundred Seventy One Thousand and No/100---Dollars 15 ($471, 000 . 00--- ), lawful money of the United States,to be paid in Fort Worth, 16 Tarrant County,Texas, for payment of which sum well and truly be made unto the City and its 17 successors,we bind ourselves,our heirs,executors,administrators,successors and assigns,jointly 18 and severally,firmly by these presents. 19 20 WHEREAS,the Principal has entered into a certain written contract with the City awarded p 21 the /4% day of 's eD T m bet- .20L1;which Contract is hereby 22 referred to and a made part hereof for all purposes as if fully set forth herein,to furnish all 23 materials,equipment labor and other accessories as defined by law,in the prosecution of the 24 Work, including any Work resulting from a duly authorized Change Order(collectively herein, 25 the"Work")as provided for in said contract and designated as Installation of 16"Meters and 26 Bypass Line for Crowley Wastewater Meter Station,City Project No.02086;and 27 28 WHEREAS,Principal binds itself to use such materials and to so construct the Work in 29 accordance with the plans,specifications and Contract Documents that the Work is and will 30 remain free from defects in materials or workmanship for and during the period of two(2)years 31 after the date of Final Acceptance of the Work by the City("Maintenance Period");and 32 33 WHEREAS,Principal binds itself to repair or reconstruct the Work in whole or in part 34 upon receiving notice from the City of the need therefore at any time within the Maintenance 35 Period. CITY OF FORT WORTH 16"METERS FOR CROWLEY WASTEWATER STATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02086 Revised July 1,2011 006119-2 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 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 - CITY OF FORT WORTH 16"METERS FOR CROWLEY WASTEWATER STATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02086 Revised July 1.2011 0061 19-3 MAINTENANCE BOND Page 3 of 3 1 IN WITNESS WHEREOF,the Principal and the Surety have each§�GNED and SEALED this 2 instrument by duly authorized agents and officers on this the 9 i day of-S eden v- 3 .20JA. 4 S PRINCIPAL: 6 MELA Contracting, Inc. 7 8 9 BY: 10 Signature 11 ATTEST: /e \ 13 t •l,[,..�J M1•..�i�.. re+aa.Q a- 14 (Princip )Secre Name and Title 15 16 Address: 430 Lakeview Road 17 Rhome, TX 76078 18 19 20 WiPtness as to Principal 21 SURETY: 22 American Contracto Iqdemnity Company 23 a T xas B nd' an 24 25 26 igna J fifer icch, Attorney-in-Fart 27 28 29 ATTEST: Name and Title 30 31 Address: 601 South Figueroa St., lsth -Floor 32 (Surety)Secretary _Los Angeles, CA 90011 _ 33 _ 34 35 Witness as to Surety. TrenaWDon an Telephone Number: (310) 649-099-0 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 16"METERS FOR CROWLEY WASTEWATER STATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02086 Revised July 1,2011 American Contractors Indemnity Company dba Texas Bonding Company TEXAS COMPLAINT NOTICE IMPORTANT NOTICE AVISO IMPORTANTE 1. To obtain information or make a complaint: Para obtener informacion o para someter una quej a: 2. You may contact your agent. Puede comunicarse con su agente. 3. You may call the company's toll free telephone Usted puede llamar al numero de telefono gratis number for information or to make a complaint at: de la compania's para informacion o para someter una queja al: 1-800-486-6695 1-800-486-6695 4, You may also write to the company at: Usted tambien puede escribir a la compania: 601 S.Figueroa Street, Suite 1600 601 S. Figueroa Street, Suite 1600 Los Angeles,CA 90017 Los Angeles,CA 90017 i 5. You may contact the Texas Department of Puede comunicarse con el Departamento de Insurance to obtain information on companies, Seguros de Texas para obtener informacion acerca coverages,rights,or complaints at: de companias,coberturas, derechos,o quejas al: 1-800-252-3439 1-800-252-3439 6. You may write to the Texas Department of Puede escribir al Departamento de Seguros de Insurance at: Texas al: Consumer Protection(111-1A) Consumer Protection(111-1A) P.O. Box 149091 P.O.Box 149091 Austin,TX 78714-9091 Austin,TX 78714-9091 Fax No. (512)475-1771 Fax No. (512)475-1771 Web:http://www.tdi.state.tx.us Web:http://www.tdi.state.tx.us E-mail: ConsumerProtection(cr,tdi.state.tx.us E-mail: ConsumerProtection(iDtdi.state.tx.us • 7. PREMIUM OR CLAIM DISPUTES: DISPUTAS SOBRE PRIMAS O RECLAMOS: Should you have a dispute concerning your Si tiene una disputa concerniente a su prima o a premium or about a claim you should contact the un reclamo,debe comunicarse con el agente o la agent or the company first. If the dispute is not compania primero. Si no se resuelve la disputa, resolved,you may contact the Texas Department puede entonces comunicarse con el departamento of Insurance. (TDI). 8. ATTACH THIS NOTICE TO YOUR POLICY UNA ESTE AVISO A SU POLIZA This notice is for information only and does not Esta aviso es solo para proposito de information y become a part or condition of the attached no se convierte en parte o condition del document. documento adjunto. u a HCCSTXM0008110 POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S.SPECIALTY INSURANCE COMPANY XMW ALL MEN BY THESE P EMM- That American Contractors �pdorprijity Company, a California oratiorL_71 Bondi C€mpany,_an assumed name oVAmerican Contractors Indemnity C ornpany, United States Surety Ctnaparry, l corporation and U.S.Specialty Insurance Company, aTexas corporation(collectively,the"Companies"),do by tbesupresenti make, constitute and appoint: Clem F.Lesch,Eric Lesch,Melissa Lesch,Roger Bales,Steven Lewis,Jennifer Picchi,Trenae Donovan .or Lisa Borhaug of Dallas,Texas itsin ndlawf Attomey(s)-in-fact,each in their separate capacity if moreth."ne is nanied above,with full power and authority iierdby toned in its name,place and stead,to execute,acknowledge and deliver any and all bonds,recognizances,undertakings =o1 other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond penalty does not exceed ******Ten Million****** Dollars ($ **10,000,000.00** ). This Power of Attorney shall expire without further action on December 8,2016. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: u[ wtvag that the President,any Vice-41mlidittit,any Assists ice-President,any bt Any 4s916*t Sbcmtery shall be and power a au rrit to-appoint any one or re suit a ersor��s it ey(s}in-Fact to � 1 '^bid if of the Compar tl t _ I1 prewlonr-_ Arrorney-in-Face may be given full power anUatahonty for and in the name of and on behalf of the Company,to execute,acknowledge and deliver,any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts,and any and all notices and documents canceling or terminating the Company's liability thereunder,and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Cote Secretary. - - N MwIved ttt Vic signature of any ffighorit,04 offk#and ,i 4f q�F Company heretofhm ft ti Tower of attorney or any tx�Ctcata relsthig, 1tado -f•a� arty power ofa��d•adt��l��p�e bldpOtt fakomile signature or ;si sal 1 l_ev binding upon the n y�tL resvq tG �t nV ertaaking to which it is {I, M WITNESS WHEREOF,The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed,this 10th day of December,2012. AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS �y BONDING. COMPANY Corpirrate St�S c� � ��D{'W �'��i'!�?'�MPANY UNITERSTATES SURE TY COMPANY U.S.SPE T,, rZicrab I4Z .r S Daniel P.Aguilar,Vice Pres eat '��agpnu# a.d�� •�''�TFOft��e,°,• •%�h..ununu„a"°�"`\• wan _ Asme ofewolum tlfrlles SS: December,2012,befm'c me,Vanessa Wright,a notary public, personally appeared Daniel P.Aguilar, Vice President of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person(s),or the entity upon behalf o whirl the-parson(s)acted,executed t its-'LTw 0A_ I efftikwWer PENALTY OF PERM'rundw-lhe Livs=of the State of California that the foregoing paragraph is,true wrd-correct WITNESS my hand and official seal — - rn+rr t taarrrpten s[tltitt Signature _ (Seal) to o.rsm O*e t.w _ a e stant Secret* of r rjean q00 aq ,q,�rs indemnity Company, Texas Bonding Company, United States Surety _€_ p s I.S pecialty Insur Ito(p p2hy,do lierehy certify that the above and foregoing is a true and correct copy of a Power of Attorney,executed by said Companies,which is still in full force and effect;furthermore,the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. 4.�6 In Witness-WI of,I have hereunto set my hand an�L-_ Companies at Los Angeles,California this day Corporate Seals iR►roe;+� a "s s!F oN... FO' �g<i• Q ? rcanoana '�� '-W 'L5,?w:..• ,z.2 t (( ' .. fEnf.n,lMO:•<' "s r4= ^h4 �` •3 Y C �nyon�d�X0.1 l�`• ;., ;.°: . .: ,,. :A 3eannie Lee, sistant Secretary Ac V CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDlYYYY) 9/3/2014 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 NAME: RICky Locke Independent Insurance Group PNCNN �t: -231-8277 nlc,Ne):972-231-8291 3010 LBJ Freeway Ste.920 E-MAIL Dallas TX 75234-7004 ADDREss: m in r m INSURER(S)AFFORDING COVERAGE __ NAIC N __ INSURER A:United Flre�C2S C0 -_ INSURED MELAC-1 INSURERB:Texas Mutual Insurance Co. --229_45 MELA Contracting, Inc. INSURER C: _ 430 Lakeview Rd INSURER D: Rhome TX 76078 _ — INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER:722121344 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. IN_SR TYPE OF INSURANCE POLICY EFF POLICY EXP LIMITS LTR INSR D POLICY NUMBER MM/DD/YYYY MM/DD/YYYY A GENERAL LIABILITY Y Y 85315681 11/14/2013 1/14/2014 EACH OCCURRENCE $1,000,000 X DAMA E RENTED COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $100,000 CLAIMS-MADE [K]OCCUR MED EXP(Any one person) $5,000 PERSONAL 8 ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGO $2,000,000 POLICY X PRO- LOC $ A AUTOMOBILE LIABILITY Y Y 85315681 11/14/2013 1/14/2014 Ea accident $1,000,000 X ANYAUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ Pe x HIRED AUTO S x AUTOS r accident A X UMBRELLA LIAR X OCCUR 85315681 /6/2014 1111412014 EACH OCCURRENCE $1,000,000 EXCESS LIAS CLAIMS-MADE AGGREGATE $1,000,000 DED X I RETENTION$ 10,000 $ B WORKERS COMPENSATION y TSFOOOI 174104 11/14/2013 1/14/2014 X WCSTATU- OTH- AND EMPLOYERS'LIABILITY RLIMI ER ANY PROPRIETOR/PARTNER/EXECUTIVE N N E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED9 MIA (Mandatory In NMI 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 I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,H more space Is required) The checked ADDL INSR and SUBR WVD boxes refer to the following specific endorsements with copies attached: Policy Forms: General Liability: Primary Additional Insured CG70961103;Additional Insured-Owners, Lessees or Contractors CG20330704;Additional Insured- Owners, Lessees or Contractors-Completed Operations CG20370704; Ultra Liability Plus Endorsement Additional Insured-Vendors CG71520311,Ultra Liability Plus Endorsement Additional Insured-Leased Equipment CG71520311; Ultra Liability Plus Endorsement Additional Insured-Blanket Waiver of Subrogation CG71520611;Auto Liability: Business Auto Ultra Endorsement Additional Insured Status by Contract,Agreement or Permit CA71090106; Business Auto Ultra Endorsement Waiver of Subrogation Required by'Contract,Agreement po See Attached... CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE r THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City Of Ft Worth ACCORDANCE WITH THE POLICY PROVISIONS. 1000 Throckmorton St Ft Worth TX 76102 AUTHORIZED REPRESENTATIVE ■ ) ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: MELAC-1 LOC#: ACCOR ' ADDITIONAL REMARKS SCHEDULE Pagel of 1 AGENCY NAMED INSURED Independent Insurance Group MELA Contracting, Inc. 430 Lakeview Rd POLICY NUMBER Rhome TX 76078 t CARRIER 7rAIC CODE EFFECTIVE DATE; ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE or Permit CA71090106;Workers Compensation: Texas Waiver of Our Rights of Recover from Others Endorsement WC420304A Blanket Waiver. re: 16"Meters and Bypass Line for Crowley Wastewater Meter Station, City Project No. 02086 ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD