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HomeMy WebLinkAboutContract 45086 � � ��� �; �; µ � � o 'r ,, i i' �; ;;; �:, n, �, ,: � ' U �` m �, �, , w .� �� H �� � � � �� � iw �� ,, °, � �, � � � �„ � � fi � �k ,w,. � ,�r,. , ..�w s a��,.. � �:u ,�,., � a � , of ,'., y �i y ,, ,t ` r r "� „�- i p � fir, !�i„�; ��� W, w ,� ��q-, � w � +� ::� �� �� .�a � � „, ,,,,, ,, „ ,i �� ��IYb���l��ll��^����� i�V����Vry'� ii i11'a�li b tl i nu i � „ ; ,■ . , , °_ : „- -°,. . , - _ ,, , a - , , , . , t ,; ; ■, , , , .- . ,.� -,z , , ® , . , , ■ . _ ■ , - . . , , ; ,,, ; . : „ ; ■ - _, , § ; - 4 , ■■ � \ ■�� 4, � , , . ,� _ _ ., � °,, a , , . ° . ■ .,, , , . . , , ,, © , � ■ ,. . . . � . , ,| � , , . - | | | , ! . ! , . , . . : . �; , , �«� - ©! ;■ , . ,, " , ! , ,. � � � . , '| z , .. � | ■ | 1 IBM 00 52 43-1 Agreement Page I of 4 y 1 SECTION 00 52 43 2 THIS AGREEMENT,authorized on October 15,2013 is made by and between the City of Fort 3 Worth, a Texas home nine municipality, acting by and through its duly authorized City Manager, OWN 4 ("City"), and Iowa Bridge & Culvert, LC., authorized to do business in Texas, acting by and 5 through its duly authorized representative, ("Contractor"). 6 City and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as 7 follows: 8 Article 1. WORK 9 Contractor shall complete all Work as specified or indicated in the Contract Documents for the 10 Project identified herein. Kra 11 Article 2.PROJECT 12 The project for which the Work under the Contract Documents may be the whole or only a part is 13 generally described as follows: VON, 14 SOUTH MAIN STREET BRIDGE REPAIR AND REHABILITATION(2013-24) 15 GGOI-539590-0202003 100 16 Article 3. CONTRACT TIME 17 3.1 Time is of the essence. r� 18 All time limits for Milestones, if any, and Final Acceptance as stated in the Contract 19 Documents are of the essence to this Contract. 20 3.2 Final Acceptance. 21 The Work will be complete for Final Acceptance within 120 days after the date when the 22 Contract Time commences to nun as provided in Paragraph 2.03 of the General Conditions. 23 3.3 Liquidated damages 24 Contractor recognizes that time is of the essence of this Agreement and that City will r , 25 suffer financial loss if the Work is not completed within the times specified in Paragraph 26 3.2 above, plus any extension thereof allowed in accordance with Article 12 of the 27 General Conditions. The Contractor also recognizes the delays, expense and difficulties X41 28 involved in proving in a legal proceeding the actual loss suffered by the City if the Work 29 is not completed on time. Accordingly, instead of requiring any such proof, Contractor 30 agrees that as liquidated damages for delay (but not as a penalty), Contractor shall pay 31 City Three Hundred Fifteen Dollars ($315.00) for each day that expires after the time 4rr� 32 specified in Paragraph 3.2 for Final Acceptance until the City issues the Final Letter of 33 Acceptance. OFFICIAL ,, CITY SE"C u (its)'. ) T1�11,`1X �2 CITY OF FORT WORTH BRIDGE REHABILITATION(2013-24) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS GG01-539590-0202003 Revised November 09,2011 r..r r�(r�r 005243-z Agreement Page zvy4 34 Article 4. CONTRACT PRICE 35 City agrees to pay Contractor for performance of the Work in accordance with the Contract 0� 36 Documents on amount in current funds of SEVEN HUNDRED SIXTY SIX THOUSAND 37 . ]D Article 5. CONTRACT DOCUMENTS 39 5.1 CONTENTS: U� 40 A. The Contract Dnmunmcnia which comprise the entire agreement between City and ~� 41 Contractor concerning the Work consist ofthe following: 42 l. This &8meeouenC � 43 2. Attachments \o this Agreement: 44 4. Bid Form 45 l} Proposal Form lk� 46 Vendor eodorConmp|iuoock` StuteLu vvNoo-Resident0idder 47 3) Pceuua|ifivadoo8tatcment 48 4} State and Federal documents(project spco�fic) 49 b. Current Prevailing Wage Rate Table 50 c. lomurunce /\C(}RZ}Fonn(m) 51 d. Payment Bond 52 e. Performance Bond 53 [ Maintenance Bond 54 &. Power nf Attorney for the Bonds 55 h. Worker's Compensation Affidavit 56 i. &8VVBE Commitment Form 57 3. General Conditions. 58 4. Supplementary Conditions. � 59 5. Specifications specifically made a part of the Contract Documents by attachment 60 or, if not attached, as incorporated by reference and described in the Table of N� 61 Contents of the 9 .''eot`mCoutnacLL)ooumuntm. � ~� 62 0. Drawings. 62 7. Addenda. 0� 64 8. Documentation Submitted bv Contractor prior to Notice ofAward. 65 9. The following which may he delivered or issued after the Effective Date of the 66 Agreement and, if issued, become an incorporated pan of the Contract Documents: 67 a' Notice toProceed. 68 b. Field Orders. 69 c. Change Orders. 70 d. Letter of Final Acceptance. � 71 I g� "%111" SECRETARY � �� �� � �� �= CITY op FORT WORTH STANDARD CONSTRUCTION SpsoF|CaT0NcxxCowsNTs ammGs»ao�a|uT�rl0m(zO/3�w) Revised November 09`20l| G(�|'�3Y590-0020V3 � ibrill, 005243-4 Agreement Page 4 of 4 113 7.6 Other Provisions. 114 The Contractor agrees to pay at least minimum wage per hour for all labor as the same is 115 classified, promulgated and set out by the City, a copy of which is attached hereto and 116 made a part hereof the same as if it were copied verbatim herein. 117 7.7 Authority to Sign. 118 Contractor shall attach evidence of authority to sign Agreement, if other than duly 119 authorized signatory of the Contractor. 120 121 IN WITNESS WHEREOF, City and Contractor have executed this Agreement in multiple 122 counterparts. 123 124 This Agreement is effective as of the last date signed by the Parties("Effective Date"). 125 Contra6to City of Fort Worth Fernando Costa Assistant City Manager Sig-nature) Date I , Attest:—, LL V (Printed Name) City ret Ilia (Seal) Title: Address: loo lAo,,wi�,� M&C Date: if ME City/state/Zip fo� , Approved as to Form and Legality: AS o J,-t VJL, Date -460ttS+"A"1+f=k t c,k�elti Assistant City Attorney 126 127 128 APPROVAL RECOMMENDED: 129 130 131c 0 132 Douglas 0 Wiersig, P.E. 133 DIRECTOR, 134 Transportation and Public Works 135 OFFICIAL RE':CORD CITY SEOREETARY FT, WDRTN, 111 J CITY OF FORT WORTH BRI,iE REHABILITATION(2013-24) STANDARD CONSTRUCTION SPECIFICATION DOCUWNTS GGOI-539590-0202003 Revised November 09,2011 1vV \Y �V 006113-1 PERFORMANCE BOND Pagel of2 6� 1 SECTION 00 61 13 2 PERFORMANCE BOND rru 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: ROW 6 COUNTY OF TARRANT § 7 That we,Iowa Bridge& Culvert,LC, known as"Principal"herein and am g �a corporate surety(sureties, if more than 9 one)duly authorized to do bus ness in the State of Texas, known as"Surety"herein (whether one 10 or more), are held and firmly bound unto the City of Fort Worth,a municipal corporation created I l pursuant to the laws of Texas, known as"City" herein, in the penal sum of, SEVEN HUNDRED 12 SIXTY SIX THOUSAND EIGHT HUNDRED SEVENTY FIVE DOLLARS AND ZERO 13 CENTS($766,875.00), lawful money of the United States, to be paid in Fort Worth,Tarrant 14 County,Texas for the payment of which sum well and truly to be made, we bind ourselves, our 15 heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these 16 presents. ir> 17 WHEREAS, the Principal has entered into a certain written contract with the City 18 awarded the 15 day of October,2013, which Contract is hereby referred to and made a part 19 hereof for all purposes as if fully set forth herein,to furnish all materials, equipment labor and 20 other accessories defined by law, in the prosecution of the Work, including any Change Orders, 21 as provided for in said Contract designated as SOUTH MAIN STREET BRIDGE REPAIR AND 22 REHABILITATION (2013-24), GGOI-539590-0202003 23 NOW,THEREFORE,the condition of this obligation is such that if the said Principal U� 24 shall faithfully perform it obligations under the Contract and shall in all respects duly and 25 faithfully perform the Work, including Change Orders, under the Contract, according to the plans, i6 26 specifications, and contract documents therein referred to, and as well during any period of 27 extension of the Contract that may be granted on the part of the City, then this obligation shall be irr 28 and become null and void, otherwise to remain in full force and effect. 29 PROVIDED FURTHER,that if any legal action be filed on this Bond, venue shall lie in 30 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort 31 Worth Division. tie CITY OF FORT WORTH BRIIDGE REHABILITATION(2013-24) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS GGO1-539590-0202003 Revised July 1,2011 N 006113-2 PERFORMANCE BOND Page 2 of 2 l This bond is made and executed in compliance with the provisions of Chapter 2253 of the 2 "Texas Government Code, as amended, and all liabilities on this bond shall be detennined in 3 accordance with the provisions of said statue. 4 IN WTI'NESS WHERE OF, the Principal and the Surety have SIGNED and SEALED 5 this instrument by duly authorized agents and officers on this the )� day of 6 or o. W 20T5. " 7 PR.INCIP 8 9 — Uri 10 12 ; S t 13 ATTEST: 14 1 15 16 (Principal) Secretary Name and Title r 1 18 g Address: I 19 _- 17 ins 201 _ 22 Witness as to Principal 23 SURETY: rrr 24 _ . 25 26 27 BY: rim 28 Signat e 30 MOW' pmvwoflik� /91111 31 j Name and Title 32 33 Address: �b 34 lid, 35 36 37 Wi .e s as t'., e, o Surety Telephone Number: s' -- a,Q 38 39 40 41 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract 42 from the by-laws showing that this person has authority to sign such obligation. If 43 Surety's physical address is different from its mailing address, both must be provided. 44 The date of the bond shall not be prior to the date the Contract is awarded. 45 i� CITY OF FORT WORTH BRIDGE REHAB]LITATION(2013-24) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS GG01-539590-0202003 Revised July 1,2011 fl6�i MERCHANT7%k BONDING COMPANY. POWER OF ATTORNEY Know All Persons ey These Presents,that MERCHANTS BONDING COMPANY(muTumU and MERCHANTS NATIONAL BONDING, � INC., corporations duly organized under the laws of the State of Iowa(herein collectively called the"Companies"), and that the Companies do hereby make,constitute and appoint,individually, John vv.xhnnm.Mat DeGroote,John V.Fay,Matthew R.Fay,KodvuvK.Kmomnr, � Lauri A.Menrovgb.Abigail R.Mohr,Jennifer D.Stark of Des Moines and State o/ Iowa their true and lawful xuumn~/n-Fam.with full power and authority hereby conferred in their name, place and stead,to sign, execute,acknowledge and deliver in their behalf as surety any and all bonds, undertakings, reGognizances or other written obligations in the nature thereof, subject to the limitation that any � such instrument shall not exceed the amount of: � FIFTEEN MILLION($l5,0VU,V00.00) DOLLARS and to bind the Companies thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers or the Companies, and all the acts o,said Alto rney'|n-Fact, pursuant to the authority herein given,are U� hereby ratified and confirmed. � This Power-of-Attorney is made and executed pursuant to and by authority vrthe mno~mn By-Laws axu»tcu by the Board of Directors u,the Merchants Bonding Company(MmvaVon April 23.zo11 and adopted by the Board pf Directors nr Merchants National Bonding,mc,on October 2*.zO11, "The President,Secretary,Treasurer,or any Assistant Treasurer nr any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys-in-Fact,and to authorize them to execute on behalf of the Company,and attach the seal of the Company thereto,bonds and undertakings,recognizanGes,contracts of indemnity and other writings obligatory in the nature thereof. The signature of any authorized officer and the seal of the Company may be affixed by far-simile or electronic transmission to any Power cx Attorney or Certification thereof authorizing the execution and delivery of any bond,undertaking,recognizance, nr other suretyship obligations ov the Company, and such signature and seal when vv used shall have the same force and effect oathough manually fixed." In Witness Whereof,the Companies have caused this instrument to be signed and sealed this 0m day of mamn . 2013 ..."~^.° ~^^..-°^. MERCHANTS BONDING COMPANY<MuTuA4 0� `~ ~ MERCHANTS NATIONAL BONDING,INC. . '_�_ -.- . ' 033 ' ^ � uv STATE OFIOWA COUNTY DFPVLmao. `"^"""~ ~° pmxmen � On this 6th day of March . 2013 .before me appeared Larry Taylor,mmo personally known,who being by me duly sworn did � say that he is President of the MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,|NC.;and that the seals affixed to the foregoing instrument is the Corporate Seals of the Companies;and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa,the day and year first above written. MARANDA GREENWALT Commission Number 770312 My Commission Expires ^ � Notary Public,Polk County,Iowa STATE OFIOWA COUNTY oFpoLmnn. 1, William Warner,Jr.,Secretary of the MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC., oo hereby certify that the above and foregoing iva true and correct copy of the povvER-oF'ATTOmwsv executed»y said Companies, which io still in full force and effect and has not been amended vrrevoked. m Witness Whereof,|have hereunto set my hand and affixed the seal o,the Companies on this 25t^ day of oomuer . 2013 10 14.4 " - 1833 � ~ Secretary � pOA0A14 (11/11) lid 0061 14-1 PAYMENT BOND Page 1 of 2 6 } SECTION 00 61 14 2 PAYMENT BOND IJ 3 4 THE STATE OF TEXAS § 5 § :KNOW ALL BY THESE PRESENTS: I«' 6 COUNTY OF TARRANT § 7 That we, Iowa Bridge & Culvert, LC., known as "Principal" herein, and 8 OM I a corporate surety 9 (sureties), duly authorized to business In the State of Texas, known as "Surety" herein 10 (whether one or more), are held and firmly bound unto the City of Fort Worth, a municipal I I corporation created pursuant to the laws of the State of Texas, known as "City" herein, in the friar, 12 penal sum of SEVEN HUNDRED SIXTY SIX THOUSAND EIGHT HUNDRED SEVENTY 13 FIVE DOLLARS AND ZERO CENTS ($766,875.00), lawful money of the United States, to be fa a 14 paid in Fort Worth, Tarrant County, Texas, for the payment of which sum well and truly be made, 15 we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and r 16 severally, firmly by these presents: 17 WHEREAS, Principal has entered into a certain written Contract with City, awarded the 18 15 day of October, 2013, which Contract is hereby referred to and made a part hereof for all 19 purposes as if fully set forth herein, to furnish all materials, equipment, labor and other r� 20 accessories as defined by law, in the prosecution of the Work as provided for in said Contract and 21 designated as SOUTH MAIN STREET BRIDGE, REPAIR AND REHABILITATION(2013-24), 22 GG01-539590-0202001 23 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if S, 24 Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in 25 Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under ftA 26 the Contract, then this obligation shall be and become null and void; otherwise to remain in full. 27 force and effect. rr 28 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 29 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 30 accordance with the provisions of said statute. WIN CITY OF FORT WORTH BRIDGE REHABILITATION(2013-24) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS GG01-539590-0202003 Revised July 1,2011 o is 006114-2 PAYMENT BOND Page 2 of 2 NIA 1 IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and and SEALED 2 this instrument by duly authorized agents and officers an this the day of l 3 l JAW ' 20 . 4 PFtINCIPAI,r _._.._ _- ATTEST: ign U (Principal) Secretary N ne and Title Address: Witness as to Principal SU .ETY nily 0 ATTEST: BY: KIM v,,- S gnature fat" -It—MA A (Surety) Secretary Naiij and Title — r .�� AAlej�s—s ddress: S} , _ M as toS urety Telephone Number: 5 6 Note: if signed by an officer of the Surety, there must be on file a certified extract from the 7 bylaws showing that this person has authority to sign such obligation. If Surety's physical 8 address is different from its mailing address, both must be provided. 9 rr 10 The date of the bond shall not be prior to the date the Contract is awarded. 11 END OF SECTION �rrrr 12 ire CITY OF'FORT WORTI I BRIDGE REHABILITATION(2013-24) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS GG01-539590-0202003 Revised July 1,2011 MERCHANTS -49� BONDING COMPANY. POWER OF ATTORNEY Know All Persons oy These Presents,mmmERnHxwTSBowcxwGCDmpAmY(murVAL)anomExCVAmTswATOwxLaomo|NG, � {wC,both being corporations duly organized vndermolaws of the State v,Iowa(herein collectively caned the"Companies"), M� and that the Companies do hereby make,constitute and appoint,individually, John w.xhm|d.Mat DeGroote,John a.Fay,Matthew u.Fay,Ku,|o^oK.xeomcr, k� Lauri x.xxm^m^&h.Abigail n.Mohr,Jennifer oStark of Des Moines and State or 1m°u their true and lawful xuomerm'Fmct.with full power and awxvmy oomuv conferred in their name, p*o* and xtoao,to niQn,oxooute, auxn*w|euno and deliver in their behalf ao surety any and all ounup, u^uortamnoo, eovo^izan"es nr other written omioununx in the nature mereof, subject to the limitation that any � such instrument shall not exceed the amount of: FIFTEEN MILLION ($15,000,0U0.oV)DOLLARS and to bind the Companies thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers o,the Companies, and all the acts or said xmorner-in'Fact, pursuant to the authority herein given, are N� hereby ratified and confirmed. � This Power-of-Axnmey is mou, and e,00utou pursuant to and by authority of the mxowmn By-Laws uuvoteu by the Board of Directors of the Merchants Bonding Company(Mutual)on April 23,2011 and adopted by the Board of Directors of Merchants National Bonding, mc.on October u4.2O11 "The President,Secretary,Treasurer,or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys-in-Fact,and to authorize them to execute on behalf of the Company,and attach the seal of the Company thereto, bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof, The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to �= any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond,undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually nxoo.^ m Witness Whereof,the Companies have caused this instrument mua signed and sealed this 0m day of mau* . 2013 . MERCHANTS BONDING COMPANY(MuruxU ' ~ MERCHANTS NATIONAL BONDING,INC. =c � . '�� -n_ ` 1833 ' � � ' ' `... ,. STATE OFIOWA COUNTY nrPnLneo. `~"°""— ~~ ' pm^mo" 0� On this mm mayor wonm . 2013 before me appeared Larry Taylor,to me personally known,who being by me duly sworn did say that oois President or the MERCHANTS BONDING COMPANY(muTuxL)and MERCHANTS NATIONAL BONDING, |wC.;and that the seals affixed to the foregoing instrument is the Corporate Seals of the Companies;and that the said instrument was signed and sealed io behalf or the Companies oy authority o/their respective Boards of Directors. m Testimony Whereof, |have hereunto set my hand and affixed my Official Seal ot the City vr Des Moines, Iowa,the day and year first above written. Commission Number 770312 My Commission Expires � Notary Public,Polk County, Iowa STATE VFIOWA COUNTY oFpOLKoo. 1, William Warner,Jr.,Secretary of the MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies, which|o still in full force and effect and has not been amended o,revoked, |n Witness wmooeo/ |have oonevnmset my hand and affixed maxemor the Companies on this 25th day or �moua, 2013 , ' 1833 ^ °=^eta' � POAOO14 (11/11) VVm |o' / MAINTENANCE BOND Pagel o173 \ SECTION 00 6119 � 2 MAINTENANCE BOND m� 3 4 THE STATE OF TEXAS u � 5 ~� KNOW ALL B1/THESE PRESENTS: � � 6 COUNTY OF TMRRANT & 7 � rim 8 That we known oa^^�rincipu|``herein and u mef djobcts FM )lorpmruto Surety (eunudeo, if more than � 10 ooe) du|� uutho��ndtodobumi��mx�o �b� �tu�'ofTcsuo, kuuvvna� ^'�uno��``h�voin (vvbetherone � ' ` || or more), are held and firmly bound unto the City of Fort Worth,a municipal corporation created 12 pursuant to the |uvve of the 81utc of Texas, known un=City"herein, in the ouru of SEVEN 13 HUNDRED SIXTY SIX THOUSAND EIGHT HUNDRED SEVENTY FIVE DOLLARS 14 luvvfb| money of the United States, to be paid in Fort 15 Worth,Tarrant County, Texas, for payment of which sum well and truly be made unto the City 16 and its successors, we bind ourselves, our heirs,executors, administrators, successors and assigns, 17 jointly and severally, firmly by these presents. 18 |p W80IREAS,dhe Principal has entered into acertain written contract with the City awarded 20 the 15 day of October,2013, which Contract in hereby referred to and a made part hereof for all 31 purposes as if fully set forth herein, to furnish all materials,equipment labor and other accessories 22 as defined by law, in the prosecution of the Work, including any Work resulting from uduly 23 authorized Change Order(collectively herein, the^^�Vork,`)um provided for in said ooubuctand ` ' 24 designated ux SOUTH MAIN STREET BRIDGE REPAIR AND REHABILITATION (2Ul3-24), � 25 (3G01-539590'0202003; and � 26 27 WHEREAS, Principal binds itself touse such omu1edn|x and to so construct the Work in - 28 accordance with the plans, mpeoifiuu1ionyand Contract Documents that the Work iu and will 29 rernain free from defects in materials or workmanship for and during the pefiod of two (2)years �= 30 after the date of Final Acceptance of the Work 6w the City(^^Muint000moe Period"); and 31 � 32 W8NREA8" Principal hinds itself to repair nr reconstruct the Work in whole or in part 33 upon receiving notice from the City ofthe need therefore u1 any hnme within the Maintenance 1" 34 Period. �= CITY oF FORT WORTH BRIDGE REHABILITATION(z0|)-2o) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS oGV/-539590-0202003 Revised July 1,2011 VV6| |Y-2 MAINTENANCE BOND Page zo[3 2 NOW TH8R8]POK0D, the condition of this obligation is such that if Principal xbu|| 3 remedy any defective Work, for which timely notice was provided bv City,toucompletion 4 satisfactory tothe City, then this obligation uho|| become nu|| and void;otherwise toremain in 5 bm|| force and effect. 6 7 PROVIDED,HOWEVER, if Principal uba|> fail so to repair or reconstruct any timely 8 noticed defective Work, it is agreed that the City may cause any and all such defective Work to � 9 be repaired andJor reconstructed with all associated costs thereof being borne by the Prindpu| and ~ |O the Surety under this Maintenance bond; and � l | 12 PROVIDED FURTHER, that if any |ogn| action be filed on this Bond, venue shall lie in 13 Tarrant County, Texas or the United States District Court for the Northern DiubictofTexas, Fort ~� 14 Worth Division; and |5 m� 16 PROVIDED FURTHER,that this obligation shall be continuous in nature and 17 successive recoveries may kc had hereon for successive breaches. 18 lP Ila 491 a im � CITY OF FORT WORTH BRIDGE REHABILITATION(2013-24) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS V(O|-53Y590-0V2V03 Revised July 1,2011 1; 0061 19-3 MAINTENANCE BOND Page 3 of 3 d I IN WITNESS WHEREOF, the Principal and the Surety have each SIGNED and SEALED this Zc^ 2 instrument by duly authorized agents and officers on this the day of 3 , 20AI. 4 5 PRIN IPA I. 6 z 7 _ 8 9 BY: 10 Si e ilr II ATTEST: 11 14 (Principal)Secretary ame and Title i 16 A dress: i t " 1.7 18 L — 20 Wimess as to Principal 21 SUR i� 22 ts_ 23 24 25 BY: 26 S!ia27 Iv l r"rt/I 2$ 29 ATTEST: j Name and Title 3 31 1 Address: it 32 (Surety) e 34 35 Wi. .. sastoSurety Telephone Number: WWI[ 36 37 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract 38 from the by-laws showing that this person has authority to sign such obligation. If 39 Surety's physical address is different from its mailing address, both must be provided. 40 The date of the bond shall not be prior to the date the Contract is awarded. 41 to CITY OF FORT WORTH BRIDGE REHABILITATION(2013-24) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS GG01-539590-0202003 Revised July I,2011 L 7 MERCHANT7i�k BONDING COMPANY,. POWER OF ATTORNEY Know All Persons By These Presents,that MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING, INC.,both being corporations duly organized under the laws of the State of Iowa(herein collectively called the"Companies"), tit and that the Companies do hereby make, constitute and appoint,individually, John W.Ahrold,Mat DeGroote,John R.Fay,Matthew R.Fay,Karlene K.Kentner, Lauri A.Meneough,Abigail R.Mohr,Jennifer D.Stark of Des Moines and State of Iowa their true and lawful Attorney-in-Fact,with full power and authority hereby conferred in their name, place and stead, to sign, execute,acknowledge and deliver in their behalf as surety any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of: FIFTEEN MILLION($15,000,000.00)DOLLARS and to bind the Companies thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the Companies,and all the acts of said Attorney-in-Fact, pursuant to the authority herein given,are hereby ratified and confirmed. This Power-of-Attorney is made and executed pursuant to and by authority of the following By-Laws adopted by the Board of Directors of the Merchants Bonding Company(Mutual)on April 23,2011 and adopted by the Board of Directors of Merchants National Bonding,Inc.,on October 24,2011. (ifdw "'The President,Secretary,Treasurer,or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys-in-Fact,and to authorize them to execute on behalf of the Company,and attach the seal of the Company thereto, bonds and undertakings, recognizances,contracts of indemnity and other writings obligatory in the nature thereof. The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to �URt any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond,undertaking,recognizance, or other suretyship obligations of the Company,and such signature and seal when so used shall have the same force and effect as though manually fixed." In Witness Whereof,the Companies have caused this instrument to be signed and sealed this 6th day of March 2013 N tort . P. � .0 ¢, �•O��`(�P9`• MERCHANTS BONDING COMPANY(MUTUAL) �02 �O ^fj O �•�O q�,y MERCHANTS NATIONAL BONDING,INC, —0- -o- 4. 1933 By STATE OF IOWA ••' `•. „•• COUNTY OF POLK ss. ""' "' •`"`` President On this 6th day of March 2013 before me appeared Larry Taylor,to me personally known,who being by me duly sworn did say that he is President of the MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING, INC.;and that the seals affixed to the foregoing instrument is the Corporate Seals of the Companies;and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa,the day and year first above written. MARANDA GREENWALT Commission Number 770312 My Commission Expires O M" October 18,2014 Notary Public,Polk County, Iowa (ice STATE OF IOWA COUNTY OF POLK ss. I, William Warner,Jr., Secretary of the MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof,I have hereunto set my hand and affixed the seal of the Companies on this 25th day of October 2013 \11G, 00 99 ,•Yy• k/,,�:c i��+.r/ Z✓ (lifiN '=:• 'b- -o- Z ` . — t• `d' 1933 :3' Secretary 2.43 ;'.� ell . 6 •. POA 0014 (11/11) •rk......... ,.'' `•,y'(�r' �-�^�• LUIJ/lU/JU U/ :4G : .it /3 �-� IOWABRI-01 EMJACKSON CERTIFICATE OF.LIABILITY INSURANCE DATE(MMIODIYYW) 10/30/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES JIG BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the pollcy(les)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER NAME: Arthur J.Gallagher Risk Management Services, Inc, PHONE 515 309-6200 AIC No;(515)309-6225 604 Locust St 4 800 Aic No Ex ;( ) Des Moines,IA 50309 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC wsURERA:Bituminous Casualty Corporation 20095 INSURED INSURER B:Navigators Insurance Company 42307 60 Iowa Bridge&Culvert, L.C. INSURERC: P.O. Box 13 INSURER D: Washington,IA 52353-0013 INSURER E: INSURER F il,W COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUM ENT WITH R ESPECT TO WH ICH TH IS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN ISSUBJECTTOALL THETERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAYHAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE INSR W O POLICY NUMBER WDD/YYYY MMlDD/YYW LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 A X COMMERCIAL GENERAL LIABILITY X X CLP3578959 11/30/2012 11/30/2013 PREMISES(Ea occurrence) $ 100,00 CLAIMS-MADE XI OCCUR MED EXP(Any one person) $ 5,000 X Blkt Contractual PERSONAL k AOV INJURY $ 1,000,00 X RR Excl Deleted - GENERAL AGGREGATE $ 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGG $ 2,000,00 POLICY I X IJPERIOT 71 LOC Em Ben $ 1,000,00 AUTOMOBILE LIABILITY COMBINEDSINGIL IELQ 1,000 D0 Ea accident $ i r A X ANY AUTO X X CAP3578958 11/30/2012 11130/2013 BODILY INJURY(Per person) $ ><J(IIIIW ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS _ X HIRED AUTOS X NON-OWNED PROPERTY DA AGE $ AUTOS PER ACCIDENT $ ` X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 2,000,006 B EXCESS LIAB CLAIMS-MADE CH12UMB1880961V 11/30/2012 11130/2013 _ AGGREGATE $ 2,000,00 DEC) X RETENTION$ 10,000 $ WOWERS COMPENSATION X WC STATU- OTH- LLIM A ANY PROIMEMBEREARTNE E CUTIVEY NIA X C3578957 11/30/2012 11/30/2013 EL EACH�A CIDENT ER. $ 500,00 (Mandatory In" E L.DISEASE-EA EMPLOYE $ 500,00 II yes,describo under ..._ ... .... ... -..... __.. _.. -......__ .. DESCRIPTION OF OPERATIONS below E L DISEASE-POLICY LIMIT $ 500,00 A Equipment Floater CAP3578958 11130/2012 11/30/2013 Leased/Hired 270,00 ifs DESCRPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,If more apace Is raqutr.,Q Certificate holder is additional insured on a primary and non-contributory basis on the General Liability and Auto policies with regards to project South Main Street Bridge Repair and Rehabilitation(2013.24). Waiver of Subrogation is included in the General Liability,Auto and Work Comp policies. 30 Day Notice of Cancellation has been added to all policies. CERTIFICATE HOLDER _ CANCELLATION 1. ...-�....—_.._._ _— _ - --� I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Fort Worth THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1000 Throckmorton St ACCORDANCE WITH THE POLICY PROVISIONS. Fort Worth,TX 76102 _ AUTHORIZED REPRESENTATIVE i (a C)1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD