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Home My WebLink AboutContract 39119-CA1CITY SECRETAR"= CONTRACT NO._,-91 fi ASSIGNMENT OF CONTRACT WHEREAS, Dirtco, L.P. d/b/a Styles Contracting ("Former Contractor") and the City of Ft Worth, Texas entered into a contract ("Original Contract") to furnish all labor and materials and perform all work for: Job Title: HMAC Surface Overlay (2009-08) Project #: C293-541200-207620132783 City Secretary #: 39119 (The "Project') in accordance with the terms and provisions of the Original Contract; and WHEREAS, as required by law and under the terms of the Original Contracts, the Former Contractor as principal and American Safety Casualty Insurance Company ("Surety") as surety made, executed and delivered to the City of Fort Worth, Texas its performance Bond No. ASB512264; and WHEREAS, Former Contractor has abandoned the Original Contract and Surety has arranged for the completion of those portions of the Original Contract started but not completed by the Former Contractor pursuant to a Completion Agreement made and entered into by and between Surety and JLB Contracting, LLC and in conjunction with that certain Takeover Agreement entered into by Surety and The City of Fort Worth, Texas; and WHEREAS, the Takeover Agreement and Completion Agreement contemplate assignment of all of Sureties contract rights Under the Completion Agreement to the City of Fort Worth, Texas. NOW, THEREFORE, in consideration of the agreements and for other good and valuable consideration, the receipt and adequacy therefore being hereby acknowledged, Surety hereby does sell, assign and set over unto the City of Fort Worth, Texas all of its interest in that certain Completion Contract dated November 23, 2010 a copy of which is attached hereto and made a part hereof. Surety further here acknowledges and consents to JLB Contracting, LLC being paid directly of all payments to be made hereafter under and pursuant to the Takeover Agreement and Surety waives any and all subrogation rights it has in such payments for purposes of effecting this assignment. Signed and dated this the 4""' day of December, 2010 AMERICAN SAFETY CASUALTY INSURANCE CO. Robe yn;l Surety & Property Claim Manager OFFICIAL RECORD RIAGTIVEIMrerican Safety\Oirtco, L.P\Qty of Fort worth - 2009-8\ASSIGNMENT.wpd CITY SECRETARY FT. WORTH, TX CITY OF FORT WORTH Fernando Costa Assistant City Manager Recommended: William A. erkest, p K erector Transportation & Public Works Department Approved as to Form and Legality: Douglas W. Black Assistant City Attorney ATTEST: fY\ , Marty rixt� City Secretary Date: O� \\ � `A 9,1) � I Fo—�—&C-11E'QUIRED OFFICIAL RECORD CITY SECRETARY FT. NORTH, TX I COMPLETION CONTRACT for New Work Related to Hot Mix Asphaltic Concrete Surface Overlay 2009-8 at Thirty -Three Locations - Forth Worth, Texas THIS COMPLETION CONTRACT (the "Contract') is entered into by and between American Safety Casualty Insurance Company (the "Surety") and JLB Contracting, LLC (the "Completion Contractor"). RECITALS: WHEREAS, Dirtco, L.P. d/b/a Styles Contracting (the "Former Contractor") and The City of Fort Worth, Texas, (the "Owner") entered into a contract (the "Original Contract') for the Former Contractor to furnish all labor and material and perform all work for a project generally known and identified as: City Project No. 39119, TPW Project No. C293-541200-207620132783, DOE No. 6277, M&C No. C-23691, Hot Mix Asphaltic Concrete Surface Overlay 2009-8 at Thirty - Three Locations (the" Project") all in accordance with the terms and provisions of the Original Contract, including all contract documents forming a part of the Original Contract; WHEREAS, as required by law and under the terms of the Original Contract, the Former Contractor and the Surety made, executed and delivered to the Owner a Performance Bond numbered ASB512264 and a Payment Bond, Bond No. ASB512264 (collectively, the "Bonds"), both in the penal sum of $1,262,606.25; WHEREAS, the Former Contractor voluntarily terminated its performance of the Original Contract, and/or was terminated by the Owner. And the Surety intends to fulfill its obligations as surety under the terms of the Performance Bond through the utilization of this Contract with Completion Contractor; WHEREAS, the Completion Contractor has submitted a Bid to the Surety to complete the remaining work required on portions of the work not yet undertaken by the Former Contractor, said Bid being attached hereto and incorporated herein by reference as Exhibit "A"; WHEREAS, the Surety and the Completion Contractor desire to enter into this Contract under the terms and conditions hereinafter set forth. NOW, THEREFORE, the Surety and the Completion Contractor, for and in consideration of the mutual obligations and promises hereinafter set forth, do contract and agree as follows: COMPLETION CONTRACT - CITY OF FORT WORTH (New Work 2009-8) PAGE 1 OF 7 AGREEMENTS: Section 1. Contract Documents. This Contract consists of the terms and provisions contained herein, including the Instructions to Bidders and all of the Bid Documents described in the Instructions to Bidders; the Completion Contractor's Bid attached hereto as Exhibit "A"; all documents or specific portions of documents which may be referred to herein or in any Exhibits attached hereto and incorporated herein by reference, thereby making them a part hereof; the Original Contract, including all General, Supplementary and Special Conditions, drawings, specifications, forms, addenda and documents forming a part of the Original Contract and any modifications to the Original Contract, all of which are incorporated herein by reference all which are hereinafter referred to collectively as the "Contract Documents." Section 2. Strict Compliance. The Completion Contractor shall be bound to the Surety by all of the terms and provisions of the Contract Documents, including administrative as well as technical provisions, and shall strictly comply therewith in all respects. The Completion Contractor shall be bound in the same manner and to the same extent that the Surety and the Completion Contractor or either of them would be bound to the Owner under the Original Contract, including but not limited to the conditions or determinations by the Owner with respect to all work done thereunder. However, the Completion Contractor shall have no responsibility or liability for indebtedness incurred by the Former Contractor nor for work undertaken by the Former Contractor and not completed. Section 3. Full Investigation. By entering this Contract the Completion Contractor represents that it has fully investigated and is fully informed as to the status and conditions affecting the work to be done and that no representations in reference thereto have been made to it by the Surety or any of its representatives. By entering this Contract the Completion Contractor also represents that it is familiar with the special and unique conditions associated with completing work started and partially performed by another contractor. The Surety makes no warranties or representations, express or implied, to the Completion Contractor with respect to the Contract Documents or the work to be performed. Section 4. Scope of Work - Original Contract. The Completion Contractor shall furnish and pay for all supervision, labor, materials, supplies, services, tools and equipment and shall do everything else necessary to perform and satisfactorily complete the unfinished portions of the work associated with the Original Contract as required by the Contract Documents to the satisfaction of the Surety and the Owner in such a manner as to fully protect and save the Surety harmless as to its liability to the Owner for the completion of the work. COMPLETION CONTRACT - CITY OF FORT WORTH (New Work 2009-8) PAGE 2 OF 7 Section 5. Time for Performance of the Work. The Completion Contractor shall commence work within seven (7) calendar days of the date specified in a written Notice to Proceed issued by the Owner and shall complete all work in accordance with the terms and conditions of the Contract Documents within 150 days of the Notice to Proceed date. Time is of the essence. Subject to allowable time extensions as provided under the terms of the Original Contract, if the Completion Contractor fails to complete the work under the Contract in the time allowed by this paragraph, the Completion Contractor will be liable and subject to all damages assessed by the Owner under the Original Contract afterthe date of completion. It is the Completion Contractor's responsibility to present to and document for Owner any requests for extensions of time that may arise during prosecution of the work under this Contract, as required under the Original Contract. Section 6. Price. A. For work remaining to complete the unfinished scope of work under Original Contract the Completion Contractor will be paid the remaining contract balance of $838,974.19 as adjusted for quantities and change orders. B. In addition to the above, the Completion Contractor will be paid additional sums for the work pursuant to a separate agreement with Surety. No additional sums shall be paid for additional or corrective work unless paid for by the Owner by change order. Section 7. Assignment. It is contemplated by the Owner, Completion Contractor and Surety that this Contract will be assigned by Surety to Owner promptly after execution. Completion Contractor here concurs with the anticipated assignment. As assignor, Surety does not here pursuant to this Contract undertake to warrant, assure or provide a guarantee to Completion Contractor of Owner's past, present or future obligations under the Original Contract. It is contemplated that The Completion Contractor shall be paid by the Owner pursuant to the terms of the Original Contract and will, after assignment, be a party in privity with the Owner in all respects and Surety will have no further liability or obligation to Completion Contractor under this Contract after assignment. Section 8. Independent Contractor. Completion Contractor will be permitted to exercise the full prerogatives of a prime contractor in prosecuting the work. It is further understood and agreed that the Completion Contractor is an independent contractor in connection with all work to be performed by it pursuant to the Contract Documents. The Completion Contractor agrees to indemnify and hold the Surety harmless and reimburse the Surety for any expense or liability incurred in connection with performance of the work, under any law or regulation in connection with employees of the Completion Contractor or any subcontractor. COMPLETION CONTRACT - CITY OF FORT WORTH (New Work 2009-8) PAGE 3 OF 7 Section 9. Latent Defects and Warranty Work Applicable to the Work of the Former Contractor. The Completion Contractor shall obtain the approval of the Owner and the Surety in writing before proceeding to correct any work attributable to the Former Contractor. The Completion Contractor shall not be paid for any corrective work without prior written approval. Section 10. Defects in Work. The Completion Contractor warrants and guarantees the work covered by this Contract in the same manner called for in the Original Contract. The Completion Contractor shall be responsible for any and all defects in the work which is performed by it or any of the Completion Contractor's subcontractors or materialmen. Section 11. Changes. Any and all provisions relating to changes contained in the Original Contract are specifically incorporated herein by reference. Section 12. Insurance & Bonding. The Completion Contractor shall indemnify the Surety and the Owner against any and all loss, liability, costs, expenses and attorney's fees on account of any injury or claimed injury to persons or property arising out of or claimed to arise out of any act or omission by the Completion Contractor, its agents, servants, employees or subcontractors. In this connection, the Completion Contractor shall provide the insurance in the amounts and types as required by the terms of the Original Contract, naming the Owner and Surety as additional insureds by way of a broad form endorsement under the policy or policies. All insurance shall provide for ten (10) days written notice to the Surety prior to the cancellation or modification of any insurance coverage. All insurance and certificates evidencing said insurance shall be provided to the Owner and Surety prior to the Completion Contractor commencing work. In addition, Completion Contractor shall furnish a performance, payment and maintenance bonds in the amount of $838,974.18 and provided in bond forms acceptable to the Owner and Surety, naming Owner and Surety as dual obligees. Section 13. Maintenance of Records and Accounts. The Completion Contractor shall maintain customary records in completing the work under the Contract and keep same as required under the Original Contract. Section 14. Indemnification. The Completion Contractor agrees to indemnify the Surety against and save the Surety harmless from: A. Any and all claims, suits, liability, expense or damage for any alleged or actual infringement or violation of any patent or patent right, arising in connection with this Contract and anything done hereunder; B. Any and all claims, suits or liability on account of any act or omission of the Contractor, or any of his officers, agents, employees or servants; C. Any and all claims, suits or liens for payment for labor, material and equipment; and COMPLETION CONTRACT - CITY OF FORT WORTH (New Work 2009-8) PAGE 4 OF 7 D. Any and all liability, loss, damage, costs, expenses, consultant fees and attorney fees suffered or incurred on account of any breach of the obligations, covenants and provisions of this Contract. Section 15. Compliance with Law. The Completion Contractor agrees that it will comply with all applicable federal, state and local laws, ordinances and regulations and that it will keep and have available all necessary records and make all payments, reports, collections and deductions, and otherwise do any and all things necessary so as to fully comply with all federal, state and local laws, ordinances and regulations in regard to any and all said matters insofar as they affect or involve the Contractor's performance of this Contract, all so as to fully relieve the Surety from and protect the Surety against any and all responsibility or liability therefor or in regard thereto. Section 16. Protection of Work. The Contractor specifically agrees that it is responsible for the protection of its work until final completion and acceptance thereof by the Owner and that it will make good or replace, at no expense to the Owner, any damage to its work which occurs prior to said final acceptance. Section 17. Disputes with the Owner. A. In the event that the Completion Contractor has any claim(s) for additional compensation from any cause whatsoever, or for extension of the time for performance of the work, Completion Contractor shall be entitled to pursue such claim(s), at its own expense, in the manner and by the procedures provided in the Original Contract. Completion Contractor agrees that the exclusive remedy for any or all of said claims for additional compensation or time extensions shall be as provided in the Original Contract and Completion Contractor shall be bound by and accept as final any decision of any tribunal with respect to such claim(s) and shall have no recourse against Surety. Section 18. Disputes Between the Completing Contractor and Surety. Any dispute between the Surety and the Completion Contractor not involving the Owner in any way shall be determined as follows. A. Arbitration. At the sole option and election of the Suretv. claims disputes or other matters in auestion between the parties to this Contract arising out of or relatina to this Contract or breach thereof shall be subiect to and decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association in effect as of the date of this Contract. Additional persons or entities may be joined in any arbitration instituted under this Contract in any circumstances where such joinder would be authorized by the law of the State of Texas in a court of competent jurisdiction. Any arbitration award will be enforceable in a court of competent jurisdiction. COMPLETION CONTRACT - CITY OF FORT WORTH (New Work 2009-8) PAGE 5 OF 7 M B. Litigation. In the absence of the Surety exercising its right to arbitrate, all disputes shall be resolved in a court of competent jurisdiction. Section 19. Surety's Rights. Nothing contained in this Contract shall be construed to be in substitution of or a derogation of any of Surety's common law or statutory rights as surety. Section 20. Entire Agreement. This Contract contains the entire understandings and agreements of the parties hereto. Any modification of this Contract must be made in writing and executed by the parties hereto. Section 21. Construction of Contract. It is understood and agreed by the Surety and the Completion Contractor that this Contract shall be construed without any regard to any presumption or other rule requiring construction against the party causing this Contract, or any exhibits attached to this Contract, to be drafted. Section 22. Interpretation. In the event that there is any provision of this Contract which is inconsistent or conflicting with any other document forming a part of this Contract, including but not limited to the Original Contract referred to herein, the terms and conditions of this Contract shall govern and control. Section 23. Governing Law. This Contract is executed pursuant to and governed by the laws of the State of Texas. Section 24. Execution in Counterparts. This Contract may be executed in one or more counterparts, each of which shall be deemed to be an original. Section 25. Captions. The captions at the beginning of each Section of this Contract are for convenience only and are to be given no meaning in construing the provisions of this Contract. Section 26. Contract Binding. The Contract shall be binding upon the parties hereto, their respective heirs, executors, administrators, successors and permitted assigns. Section 27. No Third Party Beneficiaries. This Contract is intended to be solely for the benefit of the parities hereto and shall not create a right or benefit in favor of any person not a party hereto or in any way increase the rights of third persons or increase the obligations of any party hereto to any third person. Section 28. Effective Date. This Contract will become effective upon the last date any party signs same. COMPLETION CONTRACT - CITY OF FORT WORTH (New Work 2009-8) PAGE 6 OF 7 IN WITNESS WHEREOF, the parties hereto have executed this Contract the day and year as set forth below, and the individuals who execute this Contract personally represent and warrant that they have full authority to execute this Contract on behalf of the respective parties. JLB CONTRACTING, LLC AMERICAN SAFETY CASUALTY INS. CO. AUthorized Representative Auth Representative /ern. (; • Zl, S , -.l iZ . 4-e Printed Name 1 Printed Name Date: Date: ; i , Z --.? . " U E:Iwlllleme-arpplesbaLMACTNEUnwlean 3alMyUrtoo, LP1Gry of Fort Worth-200&812008BNewWorkComple0on Cantreavvpd COMPLETION CONTRACT - CITY OF FORT WORTH (New Work 2009-8) PAGE 7OF7 PROJECT: City of Fort Worth, Texas City Project No. 01327, TPW Project No. C293-541200-207620132783, City Secretary No. 39119, DOE No. 6277, M&C No. C-23691 Remaining Work Items and Units HMAC Surface Overlay (2009-8) at Various Locations in the City of Fort Worth, Texas ITEM # DESCRIPTION ORIGINAL REMAINING QUANTITY QUANTITY 1 Project Designation Sign 2 Ea. -0- 2 Utility Adjustment Lumpsum .864884 3 Remove and Replace 5000 LF 959.94 LF Concrete Curb & Gutter 4 New Concrete Curb & Gutter 550 LF 550 LF 5 Remove and Replace 6-Inch 3000 SF 754.39 SF Concrete Driveway 6 Remove and Replace 6-Inch 100 SF 100 SF Exposed Aggregate Concrete Driveway 7 New 6-Inch Concrete 100 SF 100 SF Driveway 8 Remove and Replace 4-Inch 100 SF -17.7 SF Concrete Sidewalk 9 Remove and Replace 4-Inch 100 SF 79.80 SF Exposed Aggregate Sidewalk 10 New 4-Inch Concrete 100 SF 100 SF Sidewalk 11 Remove Existing Wheelchair 150 SF 150 SF Ramp and Install Standard 4- Inch ADA Wheelchair Ramp (with detectable warning Dome -Tile surface) 12 New 4-Inch ADA Wheelchair 175 SF 175 SF Ramp (with detectable warning Dome -tile surface) 13 Remove and Replace 200 SY 53.71 SY Existing Concrete Valley Gutter 14 New Concrete Valley Gutter 330 SY 260.25 SY 15 Remove and Replace 5-Ft 1 Ea. 0.00 Ea. Storm Drainage Inlet Top 16 Remove and Replace 10-Ft 1 Ea. 1 Ea. Storm Drainage Inlet Top 17 6-Inch Perforated Subdrain 100 LF 100 LF Pipe 18 8-Inch Pavement 66000SY 42547.06SY Pulverization EXHIBIT "A" _- - PAGE 1 OF 2 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX ITEM # DESCRIPTION ORIGINAL REMAINING QUANTITY QUANTITY 19 Cement Modification 860 Ton 599.98 Ton (26 Ibs/sy) 20 Unclassified Street 50 Cy 50 Cy Excavation 21 Crushed Limestone 50 CY 50 CY 22 Asphalt Pavement and Base 300 CY 94.67 CY Repair 23 HMAC Pavement Level -Up 500 Ton 500 Ton 24 Pavement Wedge Milling 2- 10500 LF 2303.08 LF Inch to 0-Inch Depth, 5.0 Ft Wide 25 Butt Joint Milling 15 Ea. 6 Ea. 26 2-Inch Surface Milling 5300 SY 5300 SY 27 Crack Sealing of Existing 12500 LF 4009 LF Pavement 28 2-Inch HMAC Surface 89000 SY 65181.12 SY Course Type "D" Mix 29 Removal and Replacement 1 Ea. 1 Ea. of 30-Ft HMAC Speed Cushion with Stripping 30 Removal and Replacement 1 Ea. 1 Ea. of 40-Ft HMAC Speed Cushion with Stripping 31 Water Valve Box Adjustment 50 Ea. 50 Ea. with Steel Riser 32 Water Valve Box Adjustment 2 Ea. 2 Ea. with Concrete Collar 33 Water Meter Box Adjustment 2 Ea. 2 Ea. 34 Manhole Adjustment with 54 Ea. 54 Ea. Steel Riser 35 Manhole Adjustment with 1 Ea. -2 Ea. Concrete Collar 36 Painting House Addresses 45 Ea. 22 Ea. 37 St. Augustine Grass Sod 600 SY 600 SY 38 Bermuda Grass Sod 600 SY 600 SY 39 Re -Mobilization 3 Ea. 2 Ea. E:\williams-cupples\dataVACTIVE1American Satety\Dirtco, LRCity of Fort Worth - 2009-MExAfina1.wpd EXHIBIT "A" PAGE 2 OF 2 OFFICIAL RECORD, CITY SECRETARY FT. WORTH, TX CITY SECRETARY CONTRACT NO. 3119 -T A ` TAKEOVER AGREEMENT This T keover Agreement (the "Agreement") is made and entered into this I btk day of2010 by and between AMERICAN SAFETY CASUALTY INSURANCE COMPANY (the "Surety") and THE CITY OF FORT WORTH, TEXAS (the "Owner"). RECITALS WHEREAS, Dirtco, L.P. d/bla Styles Contracting ("Former Contractor") and the Owner entered into a contract ("Original Contract') to furnish all labor and materials and perform all work for: Job Title: HMAC Surface Overlay (2009-08) Project #: C293441200-207620132783 City Secretary #: 39119 Bond #: ASB512264 (The "Project") in accordance with the terms and provisions of the Original Contract, including all contract documents forming a part of the Original Contract; WHEREAS, as required by law and under the terms of the Original Contracts, the Former Contractor as principal and the Surety made, executed and delivered to the Owner Performance Bond No. ASB512264 (the "Bond"); WHEREAS, Former Contractor has abandoned the Original Contract and the Owner has made demand upon the Surety under the Bonds and has called upon the Surety to fulfill its obligations as surety under the terms of the Bonds; WHEREAS, the Surety is willing to undertake the completion of those portions of the Original Contract started but not completed by the Former Contractor in accordance with the terms of the Bonds and this Agreement provided that in doing so it will receive the consideration agreed to in accordance with the terms of this Agreement. NOW, THEREFORE, in consideration of the agreements and undertakings hereinafter set forth, and for other good and valuable consideration, the receipt and adequacy therefore being hereby acknowledged, the Owner and the Surety agree as follows: AGREEMENT 1, Performance of the Work and Close-out. The Surety hereby undertakes to cause the performance of the uncompleted work as set forth in the Original Contract !hat has been prepared by the Owner pursuant to the Original Contract and all associated change orders, if any and in so doing agrees to be bound by the terms of the Original Contract. Owner acknowledges Takeover Agreernent 2009-8 New Work Page 1 of 7 that other work in place undertaken by the Former Contractor and completed by the Surety pursuant to a separate agreement is acceptable and that final completion has been achieved with respect to that portion and only that portion of the Project that the Former Contractor and Surety performed work on. Owner and Surety here acknowledge that not all work required by the Original Contract has been undertaken by the Former Contractor and that the balance of the work required by the Original Contract is the subject of this agreement. Owner has identified generally the scope of remaining work item and estimated unit quantities on exhibit "A' attached hereto. The Owner acknowledges that the Surety, by its execution of this Agreement, is acting in its capacity as the surety for the Former Contractor in making arrangements for the performance and completion of the Original Contract, and not as a completing contractor, and that the Surety is not assuming any obligations or liabilities beyond those set forth in the Bonds. As to the performance and completion of the Original Contract, except as otherwise provided in this Agreement, the Surety is entitled to all of the rights, obligations, title and interest of the Former Contractor in and to the Original Contract in all respects as if the Surety were the original party to the Original Contract. The term "Contractor' as used in the Original Contracts shall be deemed, after the effective date of this Agreement, to refer to the Surety rather than to the Former Contractor. 2. Completion Contractor. The Owner acknowledges that the Surety will arrange for the performance of the work contemplated by this agreement through a completion contractor and will enter into a completion contract that will subsequently be assigned to Owner. 3. Contract Balances. The remaining Contract Balance associated with the Project is: $838,974.18 and the retainage balance is $0.00. The Owner acknowledges that the amount set out above ("Contract Balance") is available to complete the Project and is not subject to back charges, set -offs, liquidated damages or other withholdings as of the date of this Agreement_ The Owner agrees that the Contract Balance is dedicated to and will be applied to the completion of work contemplated by this Agreement. Owner will pay the Contract Balance to the Surety or its assignee, in accordance with the terms of this Agreement and the Original Contract. The Surety agrees to spend its own funds as may be necessary from time to time to supplement payments for the performance of the work contemplated by this Agreement. In no event shall the Owner withhold any of the Contract Balance from the Surety or its assignee by asserting a future offset or setoff or because of or on account of any claims, liens, suits or demands by any persons or entities furnishing or alleging to have furnished labor and/or materials to the project Owner will not offset against or otherwise withhold payment of any amount of the Contract Balance as a result of, or charge to Former Takeover Agreement 2009-8 New Work Page 2 of 7 Contractor, any alleged liquidated and/or actual delay damages caused by any action or inaction of the Former Contractor, completion contractor or Surety. Owner further agrees that, except as provided by order of a court of competent jurisdiction or to the extent otherwise provided by law, it will not acknowledge or honor any claim or charges against the Contract Balance by any alleged assignee, successor, creditor, trustee, receiver, or transferee of the Former Contractor or by any other party or governmental entity making claim to the Contract Balance or any portion thereof without the written consent of Surety. Payments from the Owner shall be made -payable to American Safety Casualty Insurance Company and transmitted to the Surety at the following address, unless and until the Surety notifies the Owner in writing of a change of address or of an assignment: American Safety Casualty Insurance Company c/o Cupples & Associates, PLLC 1331 Gemini, Suite, 201 Houston, TX 77058-2729 4. Assignment. It is anticipated by the parties that after Surety procures the services of a completion contractor to perform the remaining work under the contract; that the Surety/Completion Contractor contract will be assigned by Surety to Owner. Upon notice of assignment, Owner will coordinate and collaborate with Completion Contractor in routine fashion to complete the work, all without further involvement of Surety. Surety agrees that it will have Completion Contractor furnish payment, performance and maintenance bonds for the value of the remaining work under the contract and that Owner will be named as an obligee on said bonds. Completion Contractor will also furnish all insurance required by the Original Contract. Providing Owner has received the bonds mentioned above, Owner agrees that upon the expiration of five days after its receipt of the Notice of Assignment from Surety, Surety and its original performance bond are released and discharged. Owner further agrees thereafter to make payment for all work performed directly to the Completion Contractor. Owner agrees to look to the Completion Contractor and its surety for completion of the work and all warranties associated with the work undertaken by the Completion Contractor after receipt of the assignment. 5. Insurance. The Surety may satisfy the required insurance obligations under the Original Contract by providing evidence of the required insurance coverage carried by the Completion Contractor, with the Owner and the Surety being named as insureds under the policy or policies. Takeover Agreement 2009-8 New Work Page 3 of 7 6. The Surety's Bonds Liability. Nothing in this Agreement constitutes a waiver of such penal sums or an increase in the liability of the Surety under the bonds previously furnished. In the event Surety should expend funds equal to the Penal Sum (as may be amended by a duly authorized change order) in discharge of its performance bond obligation, Owner agrees that Surety shall have no further liability or obligation, if any, under the Performance Bonds, this Agreement, the Original Contract or otherwise to complete the work, if any. Nothing contained herein shall limit Surety's obligations under the Maintenance Bonds for the project. 7. Reservation of Surety's Rights. Surety expressly reserves all prior rights, equitable liens and rights to subrogation that would be the laborers', materialmen's, or the Former Contractor's under the Original Contract (except as specifically modified by this Agreement) as well as its own rights dating back to the execution of the Bonds, including but not -limited to those rights and remedies that may accrue during the completion of the Original Contracts_ No waiver of such rights is agreed to or intended regardless of any provisions of this Agreement. 8. Time for Completion, Cooperation and Best Efforts. Owner and Surety agree that the Completion Deadline and the time to complete the work contemplated by this Agreement be one hundred sixty (160) calendar days calculated from the date of a written notice to proceed to be issued by Owner. Any request for extension of time will be governed by the terms of the Original Contract. The Owner and the Surety agree to use their best efforts to cooperate under the terms of this Agreement for the prompt completion of the performance of the work. 9. No Third Party Rights_ This Agreement is solely for the benefit of the Owner and the Surety. The Owner and the Surety do not intend by any provision of this Agreement to create any third -party beneficiaries of this Agreement, nor to confer any benefit upon or enforceable rights under this Agreement or otherwise upon anyone other than the Owner and the Surety. Specifically, the Owner and the Surety acknowledge that nothing in this Agreement shall extend or increase the rights of any third -party claimants or the liabilities or obligations of the Surety under the Bonds. 10. Whole Agreement. This Agreement along with the Original Contract constitutes the whole of the understanding, discussions, and agreements by and between the Owner and the Surety. The terms and provisions of this Agreement are contractual and not mere recitals. The Owner and the Surety acknowledge that there have been no orai, Takeover Agreement 2009-8 New Work Page 4 of 7 written or other agreements of any kind as a condition precedent to or to induce the execution and delivery of this Agreement. Any written or oral discussions conducted prior to the effective date of this Agreement shall not in any way vary or alter the terms of this Agreement. 11. Changes. This Agreement shall not be changed, amended or altered in any way except in writing and executed by both the Owner and the Surety. 12. Execution. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original but all of which together shall constitute one and the same instrument. Facsimile copies will have the same force and effect as originals. 13. Recitals. The Recitals contained in this Agreement are incorporated herein by reference and made a part hereof. 14. Governinq Law and Jurisdiction. This Agreement shall be governed by and controlled by the laws of the State of Texas and the parties to this Agreement, in the event of any dispute involving this Agreement, agree that venue shall lie exclusively in Tarrant County, Texas. 15. Notices. Any notices, which are required to be given by the terms of this Agreement or the Bonds, shall be made as follows: As to the Owner: Department of Transportation & Public Works Attn: William A. Verkest, P.E., Director 1000 Throckmorton Street Fort Worth, Texas 76102 City Attorney's Office Attn: Amy d- Remsey, Assistant City Attorney 1000 Throckmorton Street Fort Worth, Texas 76102 As to the Surety: American Safety Casualty insurance Company Attn: Robert D'Oiympio 100 Galleria Pkwy., Suite 700 Atlanta, GA 30339 Takeover Agreement 2009-8 New Work Page 5 of 7 With a copy to: James D. Cupples Cupples & Associates, PLLC 1331 Gemini, Suite, 201 Houston, TX 77058-2729 16. Effective Date. This Agreement is effective as of the date first written above. 17. Successors and Assiqns. This Agreement shall be binding upon the parties and their respective successors and assigns. 18. Invalidity, Illegality or Unenforceability. In the event that one or more provisions of this Agreement shall be declared to be invalid, illegal or unenforceable in any respect, unless such invalidity, illegality or unenforceability shall be tantamount to a failure of consideration, the validity, legality and enforceability of the remaining provisions contained in this Agreement shall not in any way be affected or impaired thereby. 19. Construction of Aqreement. The Parties agree that each Party and each Party=s counsel have reviewed and approved this Agreement, and that each Party has fully understood and voluntarily accepted each and every provision contained in this Agreement. As such, it is understood and agreed by the Owner and the Surety that this Agreement shall be construed without regard to any presumption or other rule requiring construction against the party causing this Agreement to be drafted. IN WITNESS WHEREOF, the parties have executed this Agreement on the date indicated above, and each of the undersigned personally represent and warrant that they have the full right, power and authority to execute this Agreement on behalf of the respective parties. CITY OF FORT WORTH Fernando Costa Assistant City Manager Takeover Agreement 2009-8 New Work Page 6 of 7 AMERICAN SAFETY CASUALTY INSURANCE CO, Robe��lymplo Surety & Property Claim Manager Recommended: William A. Verkest, P.E., Director Transportation & Public Works Department Approved as to Form and Legality: A aMk fts k) black - Assistant City Attorney ATTEST: • a �o�oAr 4;.. VN a was 0 Marry Hendrix got a 0 0 City Secretary °o°k 000000000c, Date: jl i b� 1 4044Y X As�,� No M&C Required - Authorized by contract executed per Takeover Agreement 2009-8 New Work Page 7 of 7 t a �i PROJECT: City of Fort Worth, Texas City Project No. 01327, TPW Project No. C293-541200-207620132783, City Secretary No. 39119, DOE No. 6277, M&C No. C-23691 Remaining Work Items and Units HMAC Surface Overlay (2009-8) at Various Locations in the City of Fort Worth, Texas ITEM # DESCRIPTION ORIGINAL REMAINING QUANTITY QUANTITY 1 Project Designation Sign 2 Ea. -0- 2 Utility Adjustment Lumpsum .864884 3 Remove and Replace 5000 LF 959.94 LF Concrete Curb & Gutter 4 New Concrete Curb & Gutter 550 LF 550 LF 5 Remove and Replace 6-Inch 3000 SF 754.39 SF Concrete Driveway 6 Remove and Replace 6-Inch 100 SF 100 SF Exposed Aggregate Concrete Driveway 7 New 6-Inch Concrete 100 SF 100 SF Driveway 8 Remove and Replace 4-Inch 100 SF -17.7 SF Concrete Sidewalk 9 Remove and Replace 4-Inch 100 SF 79.80 SF Exposed Aggregate Sidewalk 10 New 4-Inch Concrete 100 SF 100 SF Sidewalk 11 Remove Existing Wheelchair 150 SF 150 SF Ramp and Install Standard 4- inch ADA Wheelchair Ramp (with detectable warning Dome -Tile surface) 12 New 4-inch ADA Wheelchair 175 SF 175 SF Ramp (with detectable warning Dome -tile surface) 13 Remove and Replace 200 SY 53.71 SY Existing Concrete Valley Gutter 14 New Concrete Valley Gutter j 330 SY 260.25 SY 15 Remove and Replace 5-Ft !_ 1 Ea_ 0.00 Ea. Storm Drainage Inlet Top 16 Remove and Replace 10-Ft 1 Ea, 1 Ea. Storm Drainage Inlet Top 17 6-Inch Perforated Subdrain 100 LF 100 LF Pipe 18 8-Inch Pavement 66000SY 4254706SY Pulverization EXHIBIT "A - PAGE 1 OF 2 ITEM # DESCRIPTION ORIGINAL REMAINING QUANTITY QUANTITY 19 Cement Modification 860 Ton 599.98 Ton {26 Ibsisy) 20 nclassified Street 50 CY 50 Cy Excavation 21 Crushed Limestone 50 CY 50 CY 22 Asphalt Pavement and Base ( 300 CY 94.67 CY Repair 4 23 HMAC Pavement Level -Up { 500 Ton i 500 Ton 24 Pavement Wedge Milling 2- 10500 LF 2303.08 LF Inch to 0-Inch Depth, 5.0 Ft Wide 25 Butt Joint Milling 15 Ea. 6 Ea. 26 f 2-Inch Surface Milling 5300 SY 5300 SY 27 Crack Sealing of Existing 12500 LF 4009 LF I Pavement 28 2-Inch HMAC Surface 89000 SY 65181.12 SY Course Type "D" Mix 29 Removal and Replacement 1 Ea. 1 Ea. of 30-Ft HMAC Speed Cushion with Stripping 30 Removal and Replacement 1 Ea. 1 Ea. of 40-Ft HMAC Speed Cushion with Stripping 31 Water Valve Box Adjustment 50 Ea. 50 Ea. with Steel Riser I 32 Water Valve Box Adjustment 2 Ea. 2 Ea. with Concrete Collar 33 Water Meter Box Adjustment 2 Ea. 2 Ea. 34 Manhole Adjustment with 54 Ea. 54 Ea. Steel Riser 35 Manhole Adjustment with 1 Ea. -2 Ea. Concrete Collar 36 ( Painting House Addresses 45 Ea. 22 Ea. 37 St. Augustine Grass Sod 600 SY 600 SY 38 Bermuda Grass Sod ( 600 SY 600 SY 39 Re -Mobilization { 3 Ea. { 2 Ea. P" ACT F%6r erx an Sat Qnco, L AC.ry vt vat Wwta - 200"ExMma ..qd EXHIBIT "A" PAGE 2 OF Texas Statutory Performance Bond STATE OF TEXAS COUNTY OF Tarrant Westfield Insurance Co. Westfield Group sM Westfield Center, OH 44251-5001 TEXAS STATUTORY PERFORMANCE BOND (Penalty of this bond must be 100% of Contract Amount) KNOW ALL MEN BY THESE PRESENTS: That JLB Contracting, LLC Bond Number 88510 (hereinafter called the Principal), as Principal, and WESTFIELD INSURANCE COMPANY, a corporation organized under the laws of the State of Ohio, a Corporate Surety authorized and admitted to do business in the State of Texas and licensed by the State of Texas to execute bonds as Surety, (hereinafter called the Surety), as Surety, are held and firmly bound unto Citv of Fort Worth, Texas (hereinafter called the Obligee), in the penal sum of Eight Hundred Thirtv-Eight Thousand, Nine Hundred Seventy - Four & 18/100-------- ------ Dollars ($ 838,974.18-------------------- ) for the payment of which sum well and truly to be made, we bind ourselves, our heirs, administrators, executors, successors and assigns, jointly and severally, firmly by the presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the Z3''ic-1 dayof KIOVejnkx , Z010 , a copy of which is hereto attached and made a part hereof for New Work Related to Hot Mix Asphaltic Concrete Surface Overlay 2009-8 at Thirty -Three Locations - Fort Worth. Texas NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform the work in accordance with the plans, specifications and contract documents, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to Chapter 2253 of the Texas Government Code and all liabilities on this bond shall be determined in accordance with the provisions thereof to 0%tkhtJt1*!V as if it were copied at length herein. Q`,`g COMT ie,s'� IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this Zt'ne t tl�p7.0� 3 day of l�'�'Y11 ZOI O _ -i : O� ' Z _ JLB Contracting LLC s OFFICIAL RECORD By. ' tyryi v 1: % •„'•t eal -� --, CITY SECRETARY James `fir. Humphrey, President FT. WORTH, TX W tfield insurance Company a'A:�I (Seal) Jennifer R. arsh Attorne -m-Fact Y Texas Statutory Westfield Insurance Co. Payment sm Bond Westfield Group Westfield Center, OH 44251-5001 TEXAS STATUTORY PAYMENT BOND (Penalty of this bond must be 100% of Contract Amount) STATE OF TEXAS COUNTY OF Tarrant Bond Number 88510 KNOW ALL MEN BY THESE PRESENTS: That JLB Contracting, LLC (hereinafter called the Principal), as Principal, and WESTFIELD INSURANCE COMPANY, a corporation organized under the laws of the State of Ohio, a Corporate Surety authorized and admitted to do business in the State of Texas and licensed by the State of Texas to execute bonds as Surety, (hereinafter called the Surety), as Surety, are held and firmly bound unto City of Fort Worth, Texas (hereinafter called the Obligee), in the penal sum of Eight Hundred Thirty -Eight Thousand, Nine Hundred Seventy -Four & 18/ 1 Dollars ($ 839,974.18---------------- ) for the payment of which sum well and truly to be made, we bind ourselves, our heirs, administrators, executors, successors and assigns, jointly and severally, firmly by the presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 2-3Y`I day of _ l\ bVcm' oPY' , ZO 10 . a copy of which is hereto attached and made a part hereof, for New Work Related to Hot Mix Asphaltic Concrete Surface Overlay 2009-8 at Thirty -Three Locations - Fort Worth, Texas NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to Chapter 2253 of the Texas Government Code and all liabilities on this bond shall be determined in accordance with the provisions thereof to the same `e%&1MRIt1f?j�ere copied at length herein. �%%% .,LB •C9Nj4�i� IN WITNESS WHEREOF, the said Principal and Surety have signed and s�gth' insCt;�nentvc) ?JV� day of nPl Pv►�r ZD10 S 0� , Z \ 7" •n- JLB Contracting, LLC 0_.- .•• • , OFFICIAL RECORD Jairfes G. Humphrey.. resi enN�a, .'.�A, CITY SECRETARY Westfield Insura'n\\ce Company FT. !NORTH, TX �._ Jennifer . Marsh \ - > Attomey-in-rapt ' (Seal) BD5463 Maintenance Bond WESTFIELD COMPANIES Westfield Center, Ohio 44251-5001 KNOW ALL MEN BY THESE PRESENTS: Bond No. 88510 That we, JLB Contracting, LLC (herinafter called the "Principal"), and the Westfield Insurance Companv , of Westfield Center, Ohio, a corporation duly organized under the laws of the State of Ohio , and duly licensed to transact business in the State of Texas (hereinafter called the "Surety"), are held and firmly bound unto City of Fort Worth, Texas (hereinafter called the "Obligee"), in the sum of Eight Hundred Thirty -Eight Thousand, Nine Hundred Seventy -Four & 18/100 --------------------------------------------------------------------- --------------------------------------------------------------------------------------------------------------------------------------------------------- Dollars ($ 838,974.18----------------------------------- ), for the payment of which sum well and truly to be made, we, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, fumly by these presents. Signed this 3 day of CL-Ce- ►mlrlo—_ ✓ ZO 10 American Safety Casualty Insurance Company assigned WHEREAS, the said Principal has heretofore entered into a contract with to City of Fort Worth, Texas dated for New Work Related to Hot Mix Asphaltic Concrete Surface Overlay 2009-8 at Thirty -Three Locations - Fort Worth, Texas and WHEREAS, the said Principal is required to guarantee the work installed under said contract, against defects in materials or workmanship which may develop during the period beginning on the date of completion and acceptance by the Owner and continuing for a oeriod of two (2) vears In no event shall losses paid under this bond aggregate more than the amount of this bond. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal shall faithfully carry out and perform the said guarantee, and shall, on due notice, repair and make good at its own expense any and all defects in materials or workmanship in the said work which may develop during the period specified above or shall pay over, make good and reimburse to the said Obligee all loss and damage which said Obligee may sustain by reason of failure or default of said Principal so to do, then this obligation shall be null and void; otherwise shall remain in full force and effect. PROVIDED, HOWEVER, that in the event of any default on the part of said Principal, as written statement of the particular facts showing such default and the date thereof shall be delivered to the Surety by registered mail, at its office in Plano. Texas, promptly and in any event within ten (10) days after the Obligee or his representative shall learn of such default; and claim, suit, or action by reason of any default of the Principal shall be brought hereunder after the expiration of thirtkNOsjt j;o ►d of the maintenance period as herein set forth. >• •........... ��s��i CO • �� _ JLB Contracting, LLC a: •(� ' P cip f O : By: L Ty /'� .0 ••� i Jame G. Humphrey, President•�•• Westfield Insurance Company l�SIk I""� 1� OFFICIAL, RECORD Surety CITY SECRETARY By: FL WORTH, TX Jennifer R. Marsh,Attorne -in-Fact Additional Obligee Rider Performance and/or Westfield Insurance Company Payment and/or Maintenance Bond(s) Westfield Group, One Park Circle, P O Box 5001 Bond No. 88510 Westfield Center, Ohio 44251-5001 WHEREAS, Heretofore, and on or about the_2,z,--1 day of P.lcw ►mt ZDIO , JLB Contracting, LLC as Principal entered into a written agreement with American Safety Casualty Insurance Comvanv assiened to City of Fort Worth, Texas as Obligee for New Work Related to Hot Mix Asphaltic Concrete Surface Overlay 2009-8 at Thirty -Three Locations -Fort Worth, Texas in accordance with drawings and specifications prepared by architect/engineer herein referred to as the Contract, and WHEREAS, The Principal and Westfield Insurance Company as Surety, made, executed and delivered to said Obligee their joint and several Performance and/or Payment and/or Maintenance Bond(s). NOW, THEREFORE, in consideration of One Dollar and other good and valuable considerations, receipt of which is hereby acknowledged, the undersigned hereby agree as follows: The Performance and/or Payment and/or Maintenance Bond(s) aforesaid shall be and is (are) hereby amended to add American Safety Casualty Insurance Comvanv to said bond(s) as named Additional Obligees(s). The rights of the Additional Obligee(s) hereunder are conditioned upon the following: 1. Neither the Surety nor the Principal shall be liable under this bond to the Obligees, or any of them, unless the said Obligees shall make payments to the Principal strictly in accordance with the terms of said contract as to payments and shall perform all the other obligations to be performed under said contract at the time and in the manner therein set forth. 2. If an Additional Obligee is a mortgagee, any change or alteration increasing the contract price shall not be subject to the terms of this rider unless sufficient money has been deposited with the Obligees to cover any such increase and consent of Surety has been obtained. 3. There shall be no recovery hereunder by an Additional Obligee for any loss resulting from the failure of any of the Obligees or someone acting on their behalf to obtain sufficient insurance. 4. The aggregate liability of the Surety hereunder to the Obligees is limited to the penal sum set forth in the bond, and the Surety, upon making any payment hereunder, shall be subrogated to, and shall be entitled to an assignment of, all rights of the payees, either against the Principal or against any other party liable to the payee in connection with the loss which is the subject of the payment. 5. Except as herein modified, said Performance and/or Payment and/or Maintenance Bond(s) shall be and remain in full force and effect. SIGNED THIS 6 " � day of Diffr CMbC&,� , Zc I b e Gala Harris OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX JLB Contractine, LLC Principal James G. Humphrey, President —)Yxstfield Insurance Company By: t `Q's L Jennifer Marsh, Attorney -in -Fact BD 5057OFWWN (11-2006) IMPORTANT NOTICE To obtain information or make a complaint: You may call Westfield Insurance Company's and/or Ohio Farmers Insurance Company's toll -free telephone number for information or to make a complaint at: 1-800-368-3597 You may also write to Westfield Insurance Company and/or Ohio Farmers Insurance Company at: 555 Republic Drive, Suite 450 Plano, Texas 75074-8848 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: P. O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: htti)://www.tdi.state.tx.us E-mail: ConsumerProtection(a)tdi.state. tx.us PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the agent or Westfield Insurance Company and/or Ohio Farmers Insurance Comapny 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 doe not &come a pai i uii condition of the atta*QffFJ9W.EftCORD CITY SECRETARY FT. WORTH, TX AVISO IMPORTANTE Para obtener informacion o para someter una queja: Usted puede Ilamar al numero de telefono gratis de Westfield Insurance Company's / Ohio Farmers Insurance Company's para informacion o para someter una queja al: 1-800-368-3597 Usted tambien puede escribir a Westfield Insurance Company / Ohio Farmers Insurance Company: 555 Republic Drive, Suite 450 Plano, Texas 75074-8848 Puede comunicarse con el Departamento de Seguros de Texas para obtener informacion acerca de companias, coberturas, derechos o quejas al: 1-800-252-3439 Puede escribir al Departamento de Seguros de Texas: P. O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: htti)://www.tdi.state.tx.us E-mail: ConsumerProtection(a�tdi.state. tx.us DISPUTAS SOBRE PRIMAS O RECLAMOS: Si tiene una disputa concerniente a su prima o a un reclamo, debe comunicarse con el agente o Westfield Insurance Company / Ohio Farmers Insurance Company primero. Si no se resuelve la disputa, puede entonces comunicarse con el departamento (TDI). UNA ESTE "ISO A SU POLIZA: Este aviso es solo para proposito de informacion y no se convierte en parte o condicion del documento adjunto. THIS POWER OF ATTORNEY SUPERCEDES ANY PREVIOUS POWER BEARING THIS SAME POWER # AND ISSUED PRIOR TO 09/09/09, FOR ANY PERSON OR PERSONS NAMED BELOW. General POWER NO. 4220052 06 Power Westfield Insurance Co. of Attorney Westfield National Insurance Co. CERTIFIED COPY Ohio Farmers Insurance Co. Westfield Center, Ohio Know All Men by These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, corporations, hereinafter referred to individually as a "Company" and collectively as "Companies," duly organized and existing under the laws of the State of Ohio, and having its principal office in Westfield Center, Medina County, Ohio, do by these presents make, constitute and appoint CHARLES D. SWEENEY, MICHAEL A. SWEENEY, KYLE W. SWEENEY, JENNIFER R. MARSH, JOINTLY OR SEVERALLY of FORT WORTH and State of TX its true and lawful Attorneys) -in -Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings, or other instruments or contracts of suretyship- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE GUARANTEE, OR BANK DEPOSITORY BONDS. and to bind any of the Companies thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the applicable Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of each of the WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY: 'Be It Resolved, that the President, any Senior Executive, any Secretary or any Fidelity & Surety Operations Executive or other Executive shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: The Attorney -in -Fact. may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements of indemnity and other conditional or obligatory undertakings 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 as binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary.' 'Be it Further Resolved, that the signature of any such designated person and the seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signatures or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached.' (Each adopted at a meeting held on February 8, 2000). In Witness Whereof, WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY have caused these presents to be signed by their Senior Executive and their corporate seals to be hereto affixed this 09th day of SEPTEMBER A.D., 2009 . Corporate Sys +,,,� ,,`�1ONAL�'' WESTFIELD INSURANCE COMPANY Seals iON�!..»••..:4C�� ,••'aP.•• ••tiSG; ;r•'�MI�y;.,� WESTFIELD NATIONAL INSURANCE COMPANY Affixed •ai. j�,o �o; ••.9; ;��;:'OHIO FARMERS INSURANCE COMPANY SEAL cAt�TFRE�?• s3 ran 1848 •..... ••'' 1�� ••• State of Ohio „,.,•• •....... ......••''�,, By: County of Medina ss.: Richard L. Kinnaird, Jr., Senior Executive On this 09th day of SEPTEMBER A.D., 2009 , before me personally came Richard L. Kinnaird, Jr. to me known, who, being by me duly sworn, did depose and say, that he resides in Medina, Ohio; that he is Senior Executive of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, the companies described in and which executed the above instrument; that he knows the seals of said Companies; that the seals affixed to said instrument are such corporate seals; that they were so affixed by order of the Boards of Directors of said Companies; and that he signed his name thereto by like order. Notarial ,..•«•••w.,,• Seal AL. ~' Affixed � \��ll�'T FsIr • William J. Kahelin, A rney at Law, Notary Public State of Ohio •o My Commission Does Not Expire (Sec. 147.03 Ohio Revised Code) County of Medina ss.. .rC OF I, Frank A. Carrino, Secretary of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, do hereby 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; and furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Westfield Center, Ohio, this ? "A day of �/yvi zoic A.D., .-•�-4i.�. • •�i W / _.N,WI..,N „1„tl... r..,• - _.•M.HII.... �#SyRApc;'k SEAL rp WORTH TX )mbined) (0t6-02) Secvet �' w1 �; •1848. +� Frank A. Carrin d ecretk�•'`'O ""%. City of Fort Worth, Texas Mayor and Council Communication s'"' `"`''`"COUNCIL ACTION: Approved on 7/28/2009 DATE: Tuesday, July 28, 2009 REFERENCE NO.: C-23691 LOG NAME: 20HMAC 2009-8 SUBJECT: Authorize a Contract with Dirtco, d/b/a Styles Contracting, in the Amount of $1,262,606.25 for Hot Mix Asphaltic Concrete Surface Overlay 2009-8 at Thirty -Three Locations RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a contract with Dirtco, d/b/a Styles Contracting, in the amount of $1,262,606.25 for 210 calendar days for Hot Mix Asphaltic Concrete Surface Overlay 2009-8 at 33 locations that are listed on the attachment. DISCUSSION: In the Fiscal Year 2008-2009 Contract Major Maintenance Program, various types of street maintenance techniques are grouped into specific contract packages. Hot Mix Asphaltic Concrete (HMAC) Surface Overlay 2009-8 at 33 locations provides for surface and base rehabilitation, curb and gutter and valley gutter replacements for asphalt streets funded from the Contract Street Maintenance Fund. The City of Fort Worth (City) reserves the right to increase or decrease quantities of individual pay items within the contract, provided that the total contract amount remains within plus or minus 25 percent of the contract award. This project was advertised for bid in the Fort Worth Star-Telea_ ram on March 26, 2009, and April 2, 2009. On April 16, 2009, the following bids were received: Bidders Amount Dirtco, d/b/a Styles Contracting $1,262,606.25 JLB Contracting, L.P. $1,338,906.75 Austin Bridge and Road, L.P. $1,405,440.00 P&E Contractors, Inc. $1,437,100.00 Peachtree Construction, Ltd. $1,443,295.00 Dirtco, d/b/a Styles Contracting, is in compliance with the City's M/WBE Ordinance by committing to 15 percent M/WBE participation. The City's goal on this project is 15 percent. These projects are located in COUNCIL DISTRICTS 3, 7 and 9. FISCAL INFORMATION / CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current capital budget, as appropriated, of the Contract Street Maintenance Fund, FUND CENTERS: Logname: 20HMAC 2009-8 Page 1 of 2 TO Fund/Account/Centers FROM Fund/Account/Centers CERTIFICATIONS: Submitted for Citv Manager's Office bv: Oriainatina Department Head: Additional Information Contact: C293 541200 207620132783 Fernando Costa (6122) William Verkest (8255) George Behmanesh (7914) ATTACHMENTS 1. Acco.untina .nf_ oRev sed.pdf (CFW Internal) 2. Accountina Info.pdf (CFW Internal) 3. FAR HMAC Surface Overlay_ 2009..-8.odf (CFW Internal) 4. MAP HMAC 2009-8 Page 1.pdf (Public) 5. MAP HMAC 2009-8 Paae 2.pdf (Public) 6. MWBE.__20,0...9.-8 p...d..f (CFW Internal) $1.262.606.25 Logname: 20HMAC 2009-8 Page 2 of 2