HomeMy WebLinkAboutContract 27642 OW
CONTRACT NO.
AMENDMENT NO, 1. TO
CITY SECRETARY CONTRACT NO. 27204
NATIONAL COWGIRL MUSEUM AND HALL OF FAME
WHEREAS, on October 161, 2002, the City of Fort Worth, and the National
Cowgirl Museum and Hall of Fame, Inc. made and entered into City of Fort Worth City
Secretary Contract No. 27204 providing for the installation of community facilities, for
the National Cowgirl Museum and Hall of Fame located at 1700 Gendy Street, Fort
Worth, Tarrant County, Texas; and
W]HEREAS,l the City of Fort Worth and the National Cowgirl Museum and Hall
of Fame, Inc. desire to amend City of Fort Worth City Secretary Contract 27204 to add
the construction of a plaza at the northeast corner of Gendy Boulevard and Burnett Tandy
Drive
Now, therefore7 the City of Fort Worth ("'City"), acting herein by and through Joe
Pan aqua, its duly authorized assistant city manager, and the National Cowgirl Museum
and Hall of Fame, Inc. ("Developer"), acting herein by and through Kit Moncrief, it duly
authorized president, do hereby agree as follows-,
1. The following scope of work Is added to City Secretary Contract ., 27'204:1
Developer, at its sole cost and expense, shall construct a Plaza at the intersection
of Gendy Boulevard and Burnett Tandy Drive, immediately north, of the Cowgirl.
Museum and Hall, of Fame, consisting of approximately 13,000 square feet, such
Plaza to consist of walkways made of pavers consistent with handy Boulevard
finishes and irrigated landscape areas of grass, ornamental trees and colorful
native flowers and groundcover, and a fountain to be located in the center area,
collectively hereinafter referred to as the "Project", all in accordance with Exhibit
"A" attached hereto and made a part hereof for all purposes.
2. Developer shall provide to the City for its review and written approval the plans,
specifications and construction documents for the Project. Approval by the City shall not
constitute or be deemed to be a release of the responsibility and liability of the
Developer's engineer, its subconsultants and agents. Such approval shall not be deemed
to be an assumption of such responsibility and liability by the City for any defect in -the
designs, specifications, and contract documents prepared by the Developer's engineer, its
subconsultants and agents, it being the intent of the parti,es that approval by the City
signifies the City's approval on only the general design concept of the improvements to
be constructed. In this connection, the Developer will include in its contract with its
engineer a requirement that the engineer will,, for a period of five (5) years after the
acceptance by the City of the completed construction project indemnify and of the City
and all of its officers, agents,, servants and employees harmless from any loss, damage,
liability or expense,, on account of damage to property and injuries, including death, to all
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persons which may arise out of any defect, deficiency or negligence of the engineer's
designs and specifications incorporated into any improvements constructed in accordance
therewith,, and further require its engineer to defend at its own expense any suits or other
proceedings brought against ,the City and its officers, agents,, servants and employees, or
any of them on account thereof, to pay all expenses and satisfy all judgments which may
be incurred by or,rendered against them or any of them in connection there Wl'th.
31. Developer shall, deposit the sum of $282,000,00, which represents 100% oft he
contract amount for the construction of the Plaza. The City shall be responsible for
making payments to the Developer's contractor for the construction of the Project.
M. Developer agrees that no construction 'work shall be started prior to the written
approval of the plans, specifications and contract documents by the City nor before the
deposit of funds as required by paragraph 3 above.
5. Developer will further require its contractors (not including its engineer) to
indemnify, hold harmless and defend the City, its officers, agents and ens pl,oyees from
and against any and all claims, suits or causes of action of any nature whatsoever,
whether real or asserted, brought for or on account of any injuries or damages to persons
or property,, including death, resulting from, or in any way connected with, the
construction of the Project,, whether or not caused, in whole or in part, by the
negligence of'officers, agents, employees, licensees, or invitees of the City.
6. Developer shall require its contractor to furnish to the City a payment and
performance bond in the names of the City and the Developer in the name of the City and
the Developer for one hundred percent (100%) of the contract price of the Project, said
bonds to be furnished before work is commenced and to meet the requirements of
Chapter 2253, Texas Government Code. 'The surety company on all bonds shall be
reasonably acceptable to the City.
7. Developer shall give 48 hours notice to the City's Department of Engineering,
Construction Services Dlivis:ion of intent to commence construction so that City
inspection personnel will be available,; and to require its contractor to allow the
construction to be subject to inspection at any and all times by City inspection forces, and
not to install any sanitary sewer,, storm drain, or water pipe unless a responsible City
inspector is present and gives his consent to proceed., and to,make such laboratory tests of
materials being used as may be required by the City.
8. Deveioper further shall require its contractor to provide public liability insurance
equal to or in excess of the amounts required by the Department of Transportation and
Public Works.
9. During the course of construction, Developer further covenants and agrees to, and by
these presents does hereby fully Indemnify, hold harmless and defend the City, its officers,,,
agents, and employees from and against any and all claims, suits or causes of action, of any
nature whatsoever, brought for, or on account of any injuries or damages to persons, or
property including death, on account of any, negligent act or ntei onal m'sconduct of
Developer.
10. All other terms and conditions of City Secretary Contract, 27204 not amended
herein are unaffected and continue in full force and affect.
Executed this the kid,day of?Wa 002.
APPROVED AS TO FORM AND RECOMMENDED,:
L;EGAL
/0000 mom. iii: iomi
Assets jKCIty Attorney, alan anga,P.E.
L+10 a,
Director,Transportation and
Public Works Department
AT ST CITY OFF T H.TEXAS,
PC By:
dloriaPearson J P n
City Secretary Assis: nt Manager
DEVELOPER.
contract Authorization
.1011 National Co, 'rl Museum and Hall
National
of Fame,>"In,
Date
By:
Kit Moncr(ef, Preside
Iwo
pI
PERFORMANCE BOND
BOND O. 08379160
THE STATE OF TEXAS §
COUNTY OF TARRANT §
KNOW ALL MEN BY THESE, PRESENTS.- That wei, (1)
Linbeck Cbnstxucticn Caxporation, a (2) corporation of Texas hereinafter
called Principall, and (3).R cenlfiatY Or?.Z!8* sciza—i�yarS SMW a&alloly a
corporation organized and existing under 'the laws of the State of'
and fully authorized to transact business in the State of Texas, as Surety, are,
held and firmly bound unto the City, of Fort Worth, a municipal corporation
organized andexi�mt* u�ni,der the laws of the State of Texas, hereinafter called
National rl Museum and Ha
City, and , `Iie?WfAor n�zflled the Developer, in the
penal SUMi Of TWO HICRED EI= TVU THCUSAND AND NQ/100— ($ 2821000.00** )
lawful money of the United States to be paid in Fort Worth, Tarrant County,
'Texas, for the payment of which sum well and truly to be made,, we bind
ourselves, our heirs, executors, administrators and successors, jointly and
severallyl firmly by these presents.
THE CONDITION OF THII,S OBLIGATION is such that whereas City and
Developer entered into a community facilities agreement NO. 272Qd
dated 1:1/7/200,1 which agreement is hereby referred to and made a part hereof as
fully Fund to the same extent as if copied verbatim herein, and Developer, entered
into a certain contract with Principal, dated the 18th day of Novo icer 2000
a copy of' which is hereto attached and made part hereof, both of such
agreement and contract being for the construction of
Construction of a Plaza pj;. thy. n9rtibea.9t QQ=mr,Qf
Gendy Boulevard and Burnett Tandy Drive, immediate
north of the cowgj'xl Museum and Hall, of Fame located ion
17mcTeroy street, Fort worth, Texas
designated as Project NO. 27204E and DOE No. 35_Qa such
project and construction in the City of Fort Worth being hereinafter referred to as
the it work,)1 and such agreement and contract and the specifications therein
mentioned adopted by the City are expressly made a part hereof, as though
written herein fin full.
NOW THEREFORE, if the Principal shall well, truly and faithfully perform
the work in accordance with the plans, specifications and contract documents
during the original term thereof, and any extensions thereof which may be,
giralinted: by City or Developer with or without, notice to the Surety, and if he shall
satisfy all claimis and demands incurred under such contract, including the
payment of all amounts owed by the Principal to persons who furnished labor
materials, or services, on the Project, regardless of whether mechanics' or
material mein's liens could be fi'led to secure same, and if the Principal shall fully
indemnify and save harmless the City from all costs and damages which it may
suffer by reason of failure to do so, and shall reimburse and repay the City all
outlay and expense which the City may incur in making good any default, then
this obligation shall be void; otherwise to remain in full' force and effect.
PROVIDED FURTHER, that, if any legal action be filed upon this bond,
venue shall lie in Tarrant County, State of Texas.,
AND PROVIDED FUiRTHER, that the said Surety, for value received,
hereby stipulates and agrees that no change, extension of time, alterations or
additions to the terms of the agreement or the contract or to the work to be
performed thereunder or the specifications accompanying the same shall in any
wise affect its obligation on this bond, and it does, hereby waive notice of any
change, extension of time,, alteration or addition to the terms of the agreement or
the, contract or to the work or to the specifications.
IN WITNESS WHEREOF,: this instrument is executed in six counterparts,
each of which shall be deemed an, original dated 9th I day of April
2002 .
LINBECK CONSTRUCTION CCRPORATION
PRINCIPAL (4)
ATTEST: By:
(PrincMipal) ecrietary
(S E A L) Address:
P.O. Box 22500
Houston, Texas 77227
Witness as to Principal
FIDELITY AND DEPOSIT COMPANY OF MARYLAND AND
SU
ATTEST-. By:
Atto rn y-in- "act , pr,
A I I�ZYL 'Address:
Witness Sheila Hood One Rive , Suite 90
Roush "leas 77056
DOTE. 1 late of Bond rust not be prior to date of Contract.
(2) A Corporation, a Partnership or an Individual, as, case may
be
(3) Correct name of Surety..
(4) If Contractor iii, Partnership, all Partners should execute
Bond or the General or Managing Partner.
(5) A true copy of Power of Attorney shall be attached to Bond
by Att+ rney-in-tact.
PAYMENT BOND
RW NO. 08379160
THE STATE OF TEXAS §
COUNTY OF TART §
KNOW ALL MEN BY THESE PRESENTS.- That we
irL&A- Cxxxstxuction CoM�aticn tion of Texas hereinafter
F�il(�ell ���sit of and OL Principallpl and 1(3,) An-whri ran Casual .' a = a
corporation organized and existing under the laws of the State of
and fully authorized to transact bu�s,iness in the State of Texas, as Surety, are
held and: firmly bound unto the City of Fort Worth, a municipal corporation
orqanized and existi under the laws of the State of Texas ("City"), and
National cowgirl museum,
k;Pev"eto1p0e'r15', atieLrnto all parsons, firms and corporations
who may furnish materials for, or perform l�ablor upon,, the building or
improvements hereinafter referred to in the penal sum
of N ($) 2821000.00** ) lawful money of
the United States, to be paid in Fort Worth, Tarrant, County, Texas, for the
payment of which sum well and truly to be niade, we bind ourselves, our heirs,
executors, administrators and successors jolintly and severally, firmly and by
these presents.
THE CONDITION OF THIS OBLIGATION is such that Whereas, the
Developer entered into a community facilities contract No,. 27204 _, dated the
-7th day of NovaTber 1 , 2110 01, with the City, which contract is hereby referred to
and made a part hereof as fully and to the extent as if copied verbatim herein,
and the Principal entered into a, certain i contract with the Developer dated the
18th day of November f 20 oo,, a copy of which is hereby attached and
made a part hereof, both of such contracts, being for the construction of:
Construction of a Plaza at the northeast corner of
Gendy Boulevard and Burnett Lancl Dri ve., immedia el
y -
north of the Cowgirl Museum and Hall of Fam located on
1700 Gendy streelt, r,ort worth, 'Texas
designated as Project No. 27204E and D. .E. No. 35-68
ll
i
such project and construction ire City of Fort Worth, being hereinafter referred
I
to as the ''work and such contracts and the specifications therei�n mentioned
adopted by the City are expressly made a part hereof, as though written herein in
full.
L I
NOW, THEREFORE, the condition of this obligation is such that, if the
Principal shall promptly make payment to all claimants as defined in Chapter
22513 of the Texas Government Code, as ame�nde�d�, supplying labor and
materials in the prosecution of the work provided for in said contracts,, then this
obligation shall be null and void,I otherwise it shall remain in full force and effect.
THIS ON D IS MADE AND ENTERED, into solely for the protection of all
claimants supplying labor and material in the prosecution of the work prov'ided for
in said contracts, as claimants are defined in Chapter 2253, and ell such
claimants shall have a direct right of action under the bond as provided in
Chapter 2253 of the Texas Government Code.
PROVIDED FURTHER, that if any legal action be filed upon this bond,
venue shall lie in Tarrant County, State of Texas, and that the said Surety, for
value received, hereby stipulates and agrees that no change, extension of time,
alteration or addition to the terms of the contracts or to the work to be performed
thereunder or the specifications accompanying the same shall in any wise, affect
its olblligation on this bond, and it does hereby waive notice of any such change,
extension of time, alteration or addition to the terms, of the contracts or to the
work or to the specifications.,
PROVIDED FURTHER, that no final settlement between the Developer or
the City and the Principal shall abridge the right of any beneficiary hereunder
whose claim may be unsatisfied.
IN WITNESS WHEREOF, this instrument is executed in six counterparts,
each of which shall, be deemed an original dated 9th day of' Ar-ril
20 02.
LINBECK, CONSTRUCTION CORPORATION
PRINCIPAL, (4)
ATTEST.- By**
(Principal) Sec tary
(S E A L) Address'.
P.O. Box 2,25001
Houston, Texas 77227'
Witness as itol Pri'n�cipal
FIDELITY ADMI DEPOSIT COMPANY OF MARYLAND AND
AMERICAN
SIUR�TY
-------------- IV,
ull
P
s^
ATTEST. Byws
A*rney-in-Facl
Address,*
Witnes� Sheila Hood CneRivexway, Suite 900
H t s
NOTE. (1) Date of Road Must not be prior to date of Contract.
(2) A Corporation, a Partnership or, an Individual, as case may
e.
(31) Correct name of Surety.
(4) If Contractor is rs p, all Partners should execute
Bond or the General or ana � � Partner.
(5) A true copy of Power f'Attorney shall be attached to Bond
y,Attorney-in-Fact.,
MAINTENANCE BOND
130M 'T\U. 08379160
THE STATE OF TEXAS §
COUNTY OF TARRANT §
KNOW ALL BY THESE PRESENTS:
T at Linbec . Co nstxuctlion corporation hereinafter called
Fidelity and De sit Carpany of Maryland and
PO 1
Contractor, as prin�cipial, and Colonial American Casualty and Sur corpor-
ation organized under the laws of the State of Maryland as surety,, do
hereby acknowledge themselves, to, be held: and bound to pay unto the City of
Fort Worth, a Municipal Corporation chartered by virtue of Constitution and laws,
of the State of Texas, at Fort Worth, ins Tarrant County, Texas, the sum of
M RUNDRM EIGHTY WO THOUSAND AND NQ/100-- ($ 282 )000
0 ** aw-
vo_(
ful money of the United States, for payment of which sum well and truly be made
unto said City of Fort Worth and its successors, said Contractor and surety do
hereby bind themselves, their heirs, executors, administrators, ,assigns and
successors, jointly and severally.
Thli's obllig'ation is conditioned, however, that:
WHEREAS, said Con-tractor has this day entered into a written Contract
ional cowgirl muse-umandflall of nc
with Aenbe,veloper, d ated the a of jjQvem
b!=
20oo a copy of which is hereto attached and made a part hereolf, and said
Developer in turn entered into a, COMMUNITY FACILITIES CONTRACTwith the
City of Fort Worth, 'Texas, the owner, dated the 7th Of November 1 20 of
a Plaza at thE northeast corner of_Gendy_B_o_u1—e—vm--a-
for the construction of and Burnett Tandy Drive, imnediately, designated as Project
1 M e ted on
,u an,
)*uu all of Fame loca
M exas
Vrw which contract is hereby
NOS) _27204E �1%1r. A,sc,a S. 11
referred to and made a part hereof as fully and to the same extent as if copied
verbatim herein, such piroj�ect and' construction 'in the City of Fort Worth, together
with the necessary grading and excavation which Contract and Specifications
therein mentioned adopted by the City are expressly made a part hereof, as
though written herein in full; and,
DIY
WHEREAS, in said Contract, Contractor binds itself to use such materials
an�d to so construct the work that it will re�ma,in in good repair and condition for
and during the period five (5,) year(s,) after the date of the final acceptance of the
work by the City-, and
WHEREASI said Contractor binds itself to maintain said work in good
repair and condition for said term of five (5)year(s); and
WHEREAS, said Contractor binds, itself to repair or reconstruct the work in
whole or, in part at any time within said period, if in the opinion of the Director of
the City of Fort Worth Department of Engineering, it be necessary; andI
WHEREAS, said Contractor binds itself, upon receiving, notice of the need
therefor to repair or reconstruct said work as herein provided.
NOW Ti HEREFORE! if said Contractor shall keep and perform it's said
agreement to, maintain, repair or reconstruct said work in a�ccorda�nce with all the
terms and condi�tioins of said Contract, these presents, shall be null and void, and
have no force or effect. Otherwise, this Bond shall be and remain in full force and
effect, and said City shall have and recover from the, said Contractor and its
surety damages in the premises as prescribed by said Contract.,
This oibl!igation shall be a, cointinu�ing one and successive recoveries, may
be had' hiereon for successive breaches until the full amoun�t hereof is, exhausted.
IN' WITNESS WHEREOF', the Contractor has caused these, presents to be,
Fidelity and Deposit cenpany of maryland and
executed' in 4 counterparts and Colonial American Casualty and Surety Cup parry
as surety, has caused these presents to be executed in 4, counterparts, by its
th
dully authorized Attorney-in-Fact, and attested by its corporate seal, this 9 day
of it A.D. 20 2
Contractor
Eby.
FIDELITY AND DEPOSIT" CCUT NY OF MARYLAND AND
L ANlER_T,,, CASUALTY ZD SURETY
MCI rt ' µµW
By:
�P a Prokpp/Attorney-in-oct
One R y, Suite 900
Houston, Texacsz 77056
Address
6189N EL rjLz.
LA WITNESS:
(S EA Q
"v
Secretary shela Hood
ID Fidelity and Depo
gvle*
Home Office.P.O. Box 1227,Baltimore,MD 21203-1227
IMPORTANT NOT "
To obtain information or make a complaint*.
You may call the Fidelity and Deposit Company of Maryland or Colonial American Casualty,and
Surety Company's or Zurich American Insurance Company,toll-free telephone number for
information or to make a complaint at
1-8001-654-5155
-5155
You may contact the Texas Department of Insurance to obtain 'Information on companies,
covera es,, rights, or complaints at:
1-800-252-3439
You may write the Texas, Department of Insurance-,
P.O. Box 1 1
Austin, TX 78714-91104
FAX # (512)1475-1771
PREMIUM CLAIM DISPUTES Should you have a dispute concerning the premium or
about a claim, you should first contact Fidelity and Deposit Company of aryl d or Colonial
American Casualty and Surety Company. If t e dispute is not resolved, you may contact. e Texas
Department of Insurance.
ATTACH THIS NOT'IC'E T YOUR POLICY: This notice is for,information only and does
not become a part or condition of the attached document.
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" l ACE, PROJECTS GROUP
TRANSMITTAL
Diate: 23 April 2002
To George Bemanesh
Company. City of Fort Worth
CFA Amendment -Contract 27204
Plaza at 17010 Gently
COPIES DATE ITS
4/22/02 CFA amendment to Contract 27204 Executed by
Developer National Cowgirl Museum
Exhibit A- sketch of project,
4 J/18/02 Letter of Indemnification from Arch itec n ineer
4/22/02 Contractor package-. In emnification letter;
Performance Bond- 1 aym ent n Maintenance inte nce and
4 4/23/02 Contractor's Certificate of Insurance
i 4/22102 Chad from NC HF for contract value - 2821 .
These are transmitted as checked below;
Approved for payment OFor corrections
Corrections noted, pir cess for payment r review and comments
' pies for distribution CIFor your file
As requested 0 Bids due by
Retum by
Other
Remarks: For execution by the City, please return two coplies for our files. Thanks for your
support.
Compa.ny. Sun ante Projects Group
By- Greg Ritenour
orl. The National Cowgirl Museum and Hall of Fame
12 Main Street#411,Fort Worth,,Texas 76 1012.
17 339-7219* Fax 7 339-7215
Randail C,Gideon,FAIR
-iairrran and Chel Executive Officer
GideonToal
Gideon Toat (Architect) agrees to indemnify the City and their personnel for a
period of five (5) years after the acceptance by the City of the completed
construction project against the Architect's sole negl'i,gencel, In addition, the
Architect agrees to hi lid harmless and defend, ant its own expense, the City, and
its employees against any and all claims or suits for property damage or lossy
personal injury or death arising from the sole negligence of the Architect when
Performing these services.
Randall ideo FAIA Date
Architecture * Engineering * Pl ii nteriors - Landscape Architecture
50:0 West Seventh Street SUite '1400 Fort Worth, Texas 76102 Phone 8 17 3 3 5 4991 Fax 81 7.18 77 18 61
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is are ADDITIONAL INSURJEO,, the 9icy(ies) must be endorsed. A statement
on this ceirtiFicate does milot con,fer rights to the certificate holder in lieu of such end ors ement(5).
If SUBROGATJON 13 WAIVEO, subject lo the terms and conditions of the policy, certain policies may
r eq,, re an endorsement. A, statement on this certificate: does not confer rights to the certificate
u i
holder in lileu of such endorsiement(s)-
DISCLAIMER
The Gerd ficate of Insurance on the reverse side of this for does, not constitute a contract between,
I I
the issuing incur er,(s), authorized representative o�r producer,,, and the, certificate holder, nor does 11,
affirmatively or neg ate ly amend, extend or alter the coverage afforded 'by the policies, listed thereon-
ACORD 25-$(7/97) CO11.295796 55 19 Cent,:1,0791865
�oaqu 1
�Z*T,T ZO 2Z AH ,2 0
io T X2
Linbeck.
April 22, 2002
Mr. Joe Pan i aqua
Assistant City Manager
City Of Fort Worth.
1000 Throck Orton Street
Fort Worth, Teas 761,02,
K Plaza Construction - 1700 Gendy Street, Fort Worth, 'Texas
National Cowgirl. Museum and Hall off'dame Project.
Dear Mr. Panlagua.
This letter will confirm that Linbeck Construction Corporation "Contractor covenants and
agrees to indemnify, hold harmless and defend, at its own expense, The City of Fort Worth
("City") and the City's ,employees, from and against any and all claims or suits for property loss,
ro eily damage, personal injury, including death, afis ng out of, or alleged to arise out of, the work,
and services to he performed on the Project by Contractor, its officers, agents, employees,
subcontractors, licensees or invitees', whether or not an such n`u damg q death is caused,
in whole o n r the ne � ence or alleged ne ep ee o �C its o ` er servg, ,ts or
gmplo ees
Contractor acknowledges that, In the event City rece-ives a w when claim for damages against the
Conti-actor or its subcontractors prior to final pay ment, then final payment shall not be made until
Contractor either a Submits to City satisfactory evidence that the claim has been settled and/or a
release from the claimant involved, or h provides City with a letter from Contractor that the claim
has been referred to the insurance carrier.
"lease call one if you have any questions.
Very truly yours,
UU
Tom Hale
Vice President
T GI,I:BES
CC. 11 1 .G
Linbeck Construction Corporation
201 Main Street Saute 1801
Ft.Worth,Texas 761 OD2
817/332-8494
Fax,81171332-7037
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NO '
00 000011
I MPORTANT NOTICE
TO OBTAIN INFORMATION OR MAKE A COMPLAINT:
YOU MAY CONTACT THE TEXAS DEPARTMENT OF' INSURANCE
TO OBTAIN INFORMATION ON COMPANIES, COVERAGES,
RIGHTS OR COMPLAINTS AT:
11-800-252-3439
YOU MAY WRITE THE TEXAS DEPARTMENT OF INSURANCE:
P. O. BOX 149104
AUSTIN, TEXAS 78,714-9104
FAX #(512) 475-1771
PREMIUM OR CLAIM DISPUTES:
SHOULD YOU HAVE A DISPUTE CONCERNING YOUR PREMIUM
OR ABOUT A CLAIM, YOU SHOULD CONTACT THE AGENT OR
COMPANY FIRST. IF THE DISPUTE IS NOT RESOLVED, YOU MAY
CONTACT THE TEXAS DEPARTMENT OF INSURANCE.
ATTACH THIS NOTICE TO YOUR NOLICY
THIS NOTICE IS FOR INFORMATION ONLY AND DOES NOT BECOME
A PART OR CONDITION OF THE ATTACHED, DOCUMENT.
The
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
COLONIAL AMERICA Utli ALTY AND SURETY COMPANY
Companies HOME OFFICES. BALTIMORE, D. 21203
POWER OF ATTORNEY
KNIOW ALL MEN By THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND., and the COLONIAL AmERICAN
CASUALTY AND SURETY COMPANY, corporations of the State of Maryland, by C. M. PEC:OT, JR., Vice-President, and
C. W. ROBBINS, Assistant SecTetarly, in pursuance of authori by Article V1, Section 2 of the respective By-Laws of
said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date
hereof, do hereby nominate, constitute and appoint Larry H. S e n e l, William H. R a t z and Pamela Pro,kop,
all of Houston, Texas,
Is 0 0 & 0 0 0 0 a a a • #A
true aw
--f-Fagent and Attorney-in-Fact of each, to m ute, Seal fiver, for, and on its, behalf as surety, and
tfie- l u
as its act and deed- any and all blonds and und ings# EPT bo�nds, on behalf of
Independent, Executors, Community Sury, s and ity Guard i'ans 0 0 a 0 0 a 0 0 0 6
n 1,
"SIN
AM tne exRu'tioln Rs_uch bonds or undertakings in pu of these shall,be as binding upon said Companies,as My
and amply, to all intents and purposes, as if they h duly ex acknowledged by the regularly elected officers of
the respective Companies at their offices in Bal id. in o 1 proper persons,.
nh
IN WITNESS WHEREOF, the said Vice Went and t Secretary have hereunto subscribed their names and affixed
1%% IN 1
the Corporate Seals of the said FIDE DE ANY OF MARYLAND and the COLONIAL AMERICAN CASUALTY AND
SURETY COMPANY this---------- ---day of_---- A.D. 19_96
ATTEST: ITY AND, DEPOSIT COMPANY OF MARS
YL
EAL
Ass r-e—s--
Secretar V
v ice-i
NN
-S COLONIAL AMERICAN CASUALTY AND SURETY CO, ANY
11EAh
A
ETY
CO
By
Assistant Secretary Vice-Pres
STATE OF MARYLAND SS:
COUNTY OF BALTIMORE I
Onthis--j�jj�_cry of___ October A.D. 191�,before the subscriber,a Notary Public of the State of Maryland,duly
commissioned and qualified,came C.M.PECOT,JR.,Vice-President and C.W.ROBBINS,Assistant Secretary of the FIDELITY AND DEPOSIT
COMPANY OF MARYLAND and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,to me personally known,to be the
individuals and officers described herein and who executed the preceding ins trument,,and they each acknowledged the execution of the same,and
being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Companies aforesaid, and that
the seals affixed to the preceding instrurnent are the Corporate Seals of said Companies,and that the said Corporate Seals and their signatures as
such officers were duly affixed and subscribed to the said instrument by the authority and direction of'the said Corporations.
IN TESTIN40NY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written.
NOTAft -------------
MEM CAROL J. FADER Notary Public
My co fission expires ALuZ§§,t 1 2000
CERTIFICATE
I,the undersigned Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the COLONIAL AMERICAN
CASUALTY AND SURETY COMPANY do hereby certify that the original Power of Attorney of which the fore g is a full,true and correct
copy,is in full force and effect on the date of this certificate,and I do further certify that the Vice-President who executed the said Power of Attorney
was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article V1,
Section 2 of the respective By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the COLONIAL AMERICAN CASUALTY
AND SURETY COMPANY.
This certificate may be signed by facsirrdle under and by authority of resolutions of the Board of Directors of the FIDELITY AND DEPOSIT
COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969 and of the Board of Directors of the COLO'71AL
AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the nth day of D=mber-, 1991.
RESOLVED: "'That the facsimile or mechanically reproduced signature of any Assistant Secretary of'the Comp any,whether made heretofore
or hereafter,whenever,appearing upon a certified copy of any power of attorney issued by the Company,shall be valid and binding upon the Com-
pany with the sarne force and effect as though manually affixed." 9th
IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate of the said Companies,this-- day
20G2 lof the '_d Co
L1419d(TX)i —168-7051 Assistant Secretary
EXTRACT FROM BY-L ►WS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND
"Article V1, Section 2.The Chairman of the Board,or the President,or any Executive Vice-President,or any of the Senior Vice-
Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Conimmittee, shall have
power, by and with the concurrence of the Secretary or any one of t,he Assistant Secretaries, to appoint Resident'Vice-Presidents,
Assistant Vice-Presidents and Attorneys,-in-Fact as the business of the Company may require, or to authorize any person or persons
to execute on behalf of the Conipany any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds,
and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,..,and to affix the seal
of the Company thereto."'
EXTRACT FROM BY-LAWS OF COLONIAL AMERICAN CASUALTY AND, SURETY COMPANY
"Article VI,Section 2.The Chairman of the Board,or the President,or any Executive Vice-President, or any of the Senior Vice
Presidents or Vice-Presidents specially authorized, so to do by the Board of Directors or by the Executive Con-nnittee, shall have
power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appolint Resident Vice-Presidents,
Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require,or to authorize any person or persons
to execute on behalf of the Company any bonds, undertakings,, recognizances, stipulations, policies, contracts, agreements,, deeds,
and releases and assignments of judgements,decrees, mortgages and instruments in the nature of rnortgages,...and to affix the seal
of the Company thereto."
U iti I oj T'ort Worm, j exas
y
Max lor avid eo�% " I
y H uOuncl communicatioll
DATE REFERENCE NUMBER LOG NAME PAGE
4/9/02 CA 9046 0PLAZA 1 of 11
SUBJECT AMENDMENT TO CITY SECRETARY CONTRACT NO. 27204, COMMUNITY '
FACILITIES AGREEMENT WITH NATIONAL COWGIRL MUSEUM AND HALL OF
FAME, I,NIC.
..........
RECOMMENDATION":
It is recommended that the City Council authorize the City Manager to execute an amendment to the
Community Facilities, Agreement with the National Cowgirl Museum and Hall of Fame, Inc. (City
Secretary Contract No. 27204) for the installation of community facilities for the National Cowgirl
Museum and Hall of Fame to include the construction of a plaza at no cost to the City.
DISCUSSION:
On October 16, 2001 (M&C C-18800), the City Council authorized a Community Facilities Agreement
(CFA) for improvements to Gend�y Street, construction of storm drains, water and sanitary sewer
improvements,, and reconstruction of parking lots for the on Carter Exhibit Hall and the National
i
Cowgirl, Museum and Hall of Fame.
Under this amendment, the developer, National Cowgirl Museum and Hall of Fame, Inc., has agreed to
.-N
construct a plaza at the southwest corner of trendy Boulevard and Burnett Tandy on uity-owned
property at its sole cost. The estimated cost is $332,000. Design and construction of this project will be
done by the developer and donated to the City.
The Policy for the Installation of Community Facilities requires a developer to provide varlious forms of'
collateral to guarantee its obligations under the CFA, one of which is the deposit into the City treasury'
the sum of 125% of the contract amount. The developer has requested,1 however,, that it be required to
only deposit 100% to guarantee its obligations. Any changes to the plans and specifications that
increase the cost of the work will be paid for directly by the developer. The City will deposit the funds
into an escrow accouin�t and make payments to the contractor for the work as was originally contracted.
All other terms of the CFA meet the requirements of the Policy for the Installation of Community
Facilities.
FISCAL IN FORMATION/CERT1 FI CATION:
The Finance Director certifies that this action will have no material effect on City funds.
BG-*k
Submitted for City Manager's FUND 7—A OUNT:E CENTER AMOUNT' CITY SECRETARY
Office by: to
Bridgette Garrett/Acting 6140
Originating Department Head:
Hugo Malanga 7801 (from) APPROVED 04/'019/02
Additional Information Contact:
George Behmanesh 7 913
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