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HomeMy WebLinkAboutContract 45640 6 uuuuuuu n�r�r^m+ � � �� Illllilllil���lllll�l�uuuio� llllll�(Ill�llllllll� l��uluiii�ii�iill�iq��l�il�lllgll�lllllii���i ' uuuu � � n ° f iuumiu ii �I1�I�IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII�iI���U � I �� i i i �i � , � iq i II i II� i � i �li�i�um uuuuui I� uu a umi lilllu���lli� iii , � illllli i uo u�iiii�iiii i II VIII �� �uill��lllllillliljl'I'�I�� i�llllliilllllll � l ����� ^Il���llllllllllll�llllllllll�llliiliiiiiullii�lll��l���llll���l � �i i ulliiuui �� ��iiii� �p � l�y � �u " i"III ��IIII � ''�'iiih 011llll�miuuummi illhu 101 '�"' �f ( h , � ,, i IIIIIIIIIII IIIII�� I� � � ��� ��� � �� IIIIII�IIIII�IIIIIIIIIIIIIV l�llllllllllllllll�llllliii�p11 � ��� � II��� � III � ����i�i u �ry ��. �IlumiuW � l�lllI� l II m i u uU uuu , IVIIIIIiiIIIiIhii ��I�I��iI�IIIp�����ilhU! 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",m�tiu.4 r����l�lii�ull� l ' r� riuuudi�umiiii��lii��llllllllllllll��ll�llillll� li�illllllllll � lll �i Review Page 1 of i OfficiM gate of Uie Uy gat Fort Woe's,-re", CnY COUNCR AGEmDA "'Pl4p, i j COUNCIL ACTION* Approved on 6/612014-Ordinance Nos, 21232-96-2014 8i 21233.06.2014 'REFERENCE 20STF EET BEHABIL)TATION NO.-'N�ATf . 506/2014 026795 LOG NAAAa (HMAC 2014-3) CODE, C TYPE: NOW PUSLIC NO CONSENT NEARING: UBJF:T: Authorize Execution of a Contract with JLB Contracting, LLC, in the Amount of $1,458,547.34 for Hot Mix Asphaltic Concrete, HMAC 2014-3 Street Rehabilitation at Multiple Locations Throughout the City of Fort Worth and Adopt Appropriation Ordinances (COUNCIL DISTRICTS 3, 5, 8 an MO Q&TR NN: It Is recommended that the City Councilq 1. Authorize a transfer in the amount of$729,273.67 from the Water and Sewer er Fund to the Water Capital Projects,Fund in the amount of$36,4,636.84 and to the Sewer Capital Projects in the amount of$ 64,631 .83 , 2. Adapt the attached appropriation ordinances increasing estimated receipts and appropriations in the Water Capital Projects Fund in the amount of$364,636,84 and the Sewer Capital Projects Fund I in the amount of ,636.83 from available funds,and 3. Authorize the execution of a contract with JLB Contracting, LLC, in the amount of$1,458,547,34 for Hot Mix Asphaltic Concrete, HMAC 2014-3 street rehabilitation at r uttiple locations throughout the Cfty of Fort Worth. i These strut rehabilitation projects will be undertaken in conjunction with a separate utility contract for the replacement of water and sewer lines, The Transportation and Pu olio Works Department and the Water Department shard in these rehabilitation costs in lieu of trench repair under the uti i r contract. Transportation and Public Works'share on this contract will be 7295273.67 which it available in the 2614 Contract Street Maintenance Fund. The Cityreservestheright to increase or decrease quantities of individual pay Items within the contract, prodded that the total contract amount remains within plus or minus 25 percent of the a contract.award, This project was advertised for bid on February 20,2014 and February 27, 2614, in the Fgf,, t�l Te{ r� , n March 20, 2014, the following bids were recei� §W_dtM A 99Jn JLB Contracting, LL $1,458,547-34 Advanced Paving Acquisition $1,532,969.30 A separate Mayor and Council Communication awards another street rehabilitation contract to JLB frF Contracting, LL C, Staff has determined that the contractorbas sufficient capacity to perform, satisfactorily on both contracts. r 711 M"- ' E Office- J'LB Contracting, , is In compliance with the City's Bi3E Ordinance by committing percent MBA partrclpatton on this project The City's MBE goal on this project,is 16 percent. l http:// p .c et.or ,/co cll_p roc re ew. 72 &c Waldo 5d / 014 569/2914 Review Page These projects are located in COUNCIL DISTRICTS 3, 5 8 and 9. TI N1C'ER"t"F_ ,AT1 The Financial Management Services Director certifies that funds are available in the current capital budget,as appropriated,of the Contract Street Maintenance Fund,and upon approval of the above recommendations and adoption of the attached appropriation ordinances, funds will be available in the current capital budgets, as appropriated,of the Water Capital Projects Fund and the Sewer Capital Projects Fund, TO Fund1Ac/counVP_eAWr_s FROM F rs P253 476045 6091702258ZZ 1 1 e J 7 , 0 P258 476046 7091ZQ22= El4 2)P253 541200 609170225883 . 2)P253 641200 §QLJ_7&2§03 $364M6.84 F 541200 709170226,883 $364A 8 r P258 X41 '0170225883 541200 209620225883 1 f o r!qfty M@n_g0go ;ffl Fernando Costa(6122 r . , , MdM#!3J Head, Douglas W. Wiersig (7801) yr/k dl ire 1 I 'f atl n n ct Kristianugrim (8902) reM6Mrvwwm � m�ibpwmmmgwwammmum�mwmi a mmmmlrvwwmmwM mmuuuuuwi'u mrmrJMmmwmwmmunm®wim uummNSm miwamw.miwMOnmremnmimwuu .mmmrvmuammm ATrAC HIMI FITS T T II I JA- " T I IT TlQ P , f 1 T I�l I IIT DTI G 4. d ZQS I&EET I IT° TI Q t 2 oc f T I � IIT TNT t p T T I 'lT TV!: t T" w 1 o t1i sxfwnet.org/council 0 5d2Q14 /9/ ( 14 t ' 1 00524.3-1 Agretmeni Page I of 4. SECTION 00 52 43 qR 2 AGREEMENT 3 4 THIS AGREEMENT, authorized on MAY 62 2014 is made by and between the City of Forth 5 Worth, aTexas home rule municipality,acting by and through its duly authorized City Manager, 6 ("City"), and JLB CONTRACTING, LLCM, authorized to do business in Texas, acting by and 7 through its duly authorized representative,("Contractor"). 8 City and Contractor, in consideration of the mutual. covenants hereinafter set forth, agree as 9 follows: 10 Article 1.WORK 11 Contractor shall complete all or as specified or indicated in the Conti-act Documents for the 12 Project identified herein. 13 Article 2.PROJECT 14 The project for which the Work under the Contract Documents may be the whole or only a part is 15 generally described as follows: 16 STREET REHABILITATION ........................... 17 02258 ...................... ...... 18 Article 3.CONTRACT TIME 19 3.1 Time is of the essence. 20 All time limits for Milestones, if any, and Final Acceptance as stated in the Contract 21 Documents are of the essence to this Contract. 22 3.2 Final Acceptance. 23 The or will be complete, for Final Acceptance within 180 calendar days after the date 24 when the Contract Time commences to run as provided in Paragraph 2.03 of the General 25 Conditions. 26 3.3 Liquidated damages 27 Contractor recognizes that time is of the essence of this Agreement and that City will 28 suffer financial loss if the or is not completed within the times specified in Paragraph 29 3.2 above, plus any extension thereof allowed in accordance with Article 12 of the 30 General Conditions. The Contractor also recognizes the delays, expense and difficulties 31 involved in proving in a legal proceeding the actual loss suffered by the City if the Work 32 is not completed on time. Accordingly, instead of requiring any such proof, Contractor opmp 33 agrees that as liquidated damages for delay (but not as a penalty), Contractor shall pay 34 City Six Hundred and Fifty Dollars ($650.00) for each day that expires after the time 35 specified in Paragraph 3.2 for Final Acceptance until the City issues the Final Letter of 36 Acceptance. OFFICI D AL REC 0 R CITY SECRETARY Ro' W09TH, TX low, CrFY OF FOR'T WORT H STRE ET'REHABILITKYTON(11MAC(2014-3) STANDARD CONSTRUCTION SPECIFICATION DO(AMENTS 02.258 AM- Revised August 17,2012 005243 2 Agivement Page 2 of 4 37 Article 4. CONTRACT PRICE 38 City agrees to pay Contractor for performance of the or in accordance with the Contract 39 Documents an amount in current funds of ONE MILLION FOUR HUNDRED FIFTY EIGHT 40 THOUSAND FIVE HUNDRED FOURTY SEVEN DOLLARS AND THIRTY FOUR 001 41 CENTS($1.458,547.34). 42 Article 5.CONTRACT DOCUMENTS 43 5.1 CONTL,NTS: 44 A. Ile Contract Documents which comprise the entire agreement between City and 45 Contractor concerning the or consist of the following: 46 1. This Agreement. 47 2. Attachments to this Agreement: 48 a. Bid Form 49 1) Proposal Form 50 2) Vendor Compliance to State Law Non-Resident Bidder 51 3) Prequalification.Statement 52 4) State and Federal documents (f)rqjec1qc )eific) 53 b. Current Prevailing Wage Rate Table 54 c. Insurance ACORD Form(s) 55 d. Payment Bond 56 e. Perfortnance on 57 f Maintenance Bond 58 g. Power of Attoi for the Bonds 59 h. Worker's Compensation Affidavit 60 i. MBE and/or SBE Commitment Form W) 61 3. General Conditions. 62 4. Supplementary Conditions. WO 63 5. Specifications specifically made a part of the Contract Documents by attachment 64 or, if not attached, as incorporated by ref rence and described in the Table of 65 Contents of the Project's Contract Documents. Jim, 66 6. Drawings. 67 7. Addenda. 68 8. Documentation submitted by Contractor prior to Notice of Award. 69 9. The following which may be delivered or issued after the Effective Date of the 70 Agreement and, if issued, become an incorporated part of the Contract Documents: 71 a. Notice to Proceed. 72 b. Field Orders. 73 c. Change Orders. 74 d. Letter of Final Acceptance. 75 76 OFFICIAL RECORD RJR 01 FY MUMMY FT,WORTh, TX 000 CITY OF FORT WORTH S'MET RERABILITATION(H. C;,(2014-3) STANDARD C(..)N 'I N D( 0 19 . STRUCTION SPE,(IFICKYO X,' M E TS 02258 IM Revised August 9 7,2012 MR 00 52 43 3 Agreement pir Page 3 of 4 77 Article 6.INDEMNIFICATION 78 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own 79 expense, the city, its officers, servants and employees, from and against any and all 80 claims arising out of, or alleged to arise out of,the work and services to be performed 81 by the contractor, its officers, agents, employees, subcontractors, licenses or invitees 82 under this contract. This indemnification provision jisL specifically intended to operate 83 and be effective even if it is alleged or proven that all or some of the dam es being mD 84 sought were caused,in whole or in Dart, by any act, omission or negligence of the city. 85 This indemnity provision is intended to include, without limitation, indemnity for 86 costs,expenses and legal fees incurred by the city in defending against such claims and 87 causes of actions. 88 89 6.2 Conti-actor covenants and agrees to indemnify and hold harmless, at its own expense, 90 the city,its officers,servants and employees,from and against any and all loss,damage 91 or destruction of property of the city,arising out of,or alleged to arise out of,the work 92 and services to be performed by the contractor, its officers, agents, employees, wUr 93 subcontractors, licensees or invitees under this contract. This indemnification 94 provision is specifically intended to oDerate and be effective even if it is r I _Aftgd_SL 95 proven that all or some of the damages being sought were caused, in whole or in Dart. wu 96 by any act,omission or negligence of the city. 97 98 Article 7. MISCELLANEOUS 99 7.1 Tenns. too Terms used in this Agreement which are de f med in Article I of the General Conditions will 101 have the meanings indicated in the General Conditions, 102 7.2 Assignment of Contract. 103 This Agreement, including all of the Contract Documents may not be assigned by the 104 Contractor without the advanced express written consent of the City. 105 7.3 Successors and Assigns. 106 City and Contractor each binds itself, its partners, successors, assigns and legal 107 representatives to the other party hereto, in respect to all covenants, agreements and 108 obligations contained in the Contract Documents. 109 7.4 Severability. Ito Any provision or part of the Contract Documents held to be unconstitutional, void or HI unenforceable by a court of competent jurisdiction shall be deerned stricken, and all 112 remaining provisions shall continue to be valid and binding upon CITY and 113 CONTRACTOR. 114 705 Governing Law and Venue. 115 This Agreement, including all of the Contract Documents is perf-brmable in the State of 116 Texas. Venue shall be Tarrant Comit)(, Texas, or the United States District Court for the 1.1.7 Northern District of Texas,Fort Worth Division. OFMCIAL RECORD 0091 CITY SECRETARY MY OF FORT WORTH STR 1.7 A,14A. I' A '(2014-.3) �T STANDARD CONSTRUCTION SPECIFICATION DOC-IMENTS 02258 Revised August 17,21112 005243-4 Agreement Page 4 of4 118 7.6 Other Provisions. 119 The Contractor agrees to pay at least minimuin wage per our for all labor as the same is 120 classified, promulgated and set out by the City, a copy of which is attached hereto and 121 made a part hereof the same as if it were copied verbatim herein. 122 707 Authority to Sign. 123 Contractor shall attach evidence of authority to sign Agreement, if other than duly 124 authorized signatory of the Contractor. 125 126 IN WITNE'SS WHEREOF, City and Contractor have executed this Agreement in multiple 127 counterparts. 128 129 This Agreement is effective as of the last date signed by the Parties ("E'ffective Date"). 00 130 Contractor: City of Fort Worth .......... use.__ ernando Costa Assistant City Manager .............. ................... (Sigature) Date_ Attest: city S cretary r op (Sea]) Title: % ............................................ vUt %0 gi .......... Address: _......mm_........._.......... ..................... M&C Date: ................... AS C a Approved as to Form and Legality: ............... ..........................-,.......,..._...,,.»,... NON Date G, 44 Assistant City Attorney 131 132 E 11P.lo VOMWNDED' 133 A VAL RE, aim 0 134 135 .......... ....... ........ .......................... o as 136 D ugl-"I Wiersig,P.E 138 . 137 DIRECTO C)R q,I Transportation &Public Works 139 E ) r I STANDARD CONSTRUCIION SPEEIFICATION",'UMENTS 2258 Revised August 17,2012 Ow 0061 13-1 PFIRFORMANCE BOND 'Ift Page I of 2 and No. 0965568 SECTION 00 61 13 PERTORMANCE BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we, JLB Contracting, L_C , .nvn as"principal"herein and Westfield Insurance Con1pgRy_, a corporate surety,(sureties, if more than one) duly authorized to do business in the State of Texas, known as"Surety"herein(whether one or more),are held and firmly bound unto the City of Fort Worth,a municipal corporation created pursuant to the laws of Texas, known as"City"herein, in the penal sum of, One Million,Four Hundred Fifty-Eight Thousand,Five Hundred Fort3L-Seven.Dollars and Thirty-Four Cents ($1,458,547.34 ) lawful money of the United States,to be paid in Fort Worth, Tarrant County, Texas for the payment of which sum well and truly to be trade,we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firm.1y,by these presents. MIR WHEREAS,the Principal has entered into a certain written contract with the City awarded the 6h day of May , 20 14 , which Contract is hereby referred to and made a part hereof for all purposes as if fully set forth herein,to furnish all materials, equipment labor and Imp other accessories defined by law, in the prosecution.of the Work, including any Change Orders, as provided for in said Conti-act designated as Street Rehabilitation (11MAC 201.4-3), Ci!Y OR Project N2. 02258. NOW,THEREFORE,the condition of this obligation is such that if the said Principal shall faithfully perform it obligations under the Contract and shall in all respects duly and faithfully perform the Work, including Change Orders, under the Cot'itract, according to the plans, specifications, and contract documents therein referred to,and as well during any period of extension of the Contract that may be granted on the part oft e City,then this obligation shall be and become null and void, otherwise to remain in full force and effect. OR, PROVIDED FURTHER,that if any legal action be filed on this Bond,venue shall lie in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. CITY OF FORT WORTH Street Rehabilitation(fir C;2014-3) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No,02258 Revised August 17,2012 0061 13-2 1'ERFORMM14CE BOND Page 2 of 2 Bond No. 0.965568 FOR This bond is made and executed in cornphance with the provisions of Chapter 2253 of the Texas Government Code, as ainerided, and all liabilities on this bond shall be determined in accordance with the provisions of said statue, Vi" IN WITNESS WHEREOF,the Principal and the Surety have SIGNED and SEALED op" this instrument by duly authorized agents and officers on this the 14`h day of May_,20 14 PRINCIPAL: JLB COLN NG Ll Q I ., �...................... ......... ................. BY: Signature ATTEST: Sam Davis nct)a Secretary Nampealxl Address: P.C . Box 24131 —.... ............... Egg Texas 76124 Wi s as to Princi I '4Wics as to Princi a SURETY- WESTFIELD INSURANCE COMPANY BY: &a Kyle --)M,_,S1_,ve_e_11ey.Atto Name and Title nms Address:5.55_Ke�bliq Drive Suite 450 LltknoL q,Nas .7507 4 IMF Witues � to Surety Elizabeth GraAy. Telephone Number: 972-516-2600 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract MMM from the by-laws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the and shall not be prior t o t he date the Contract is awarded. OR MY OF FORT WORTH Street Rehabilitation(HMAC 2014-3) STANDARD CONSTRUCTION SPEC'IF'ICATION DOCUMENTS City Project No.02258 MR/I Revised August 17,2012 IMP 006114-1 PAYM ENT BOND Page I of 2 Bond No. 0965568 SECTION 00 61 14 PAYMENT BOND loop, THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TA NT § ON That we, JLB Contracting litC , -L-, luiown as "Principal" herein, and Westrield Insurance Co .................................-!apany ............................ a corporate surety (sureties), duly authorized to do business in the State of Texas, known as "Surety" herein (whether one or more), are held and firmly bound unto the City of Fort Worth, a municipal corporation created pursuant to the laws of the State of Texas, known as "City" herein, in the penal sum of One Million, Four Hundred Fifty-Eip-lit Thousand, Five Hundred Forth even Dollars and Thirty-Four Cents S1 458 547.34 , lawful money of the United States, to be paid in Fort Worth, 'rarrant County, Texas, for the payment of which sum well and truly be made, we and ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents: 04P WHEREAS, Principal has entered into a certain. written Contract with City, awarded the 6"h day of Ma v 20 14 , which Contract is hereby referred to and made a part oft, hereof for all purposes as if fully set forth herein, to furnish all materials, equipment, labor and other accessories as defined by law, in the prosecution of the Work as provided for in said FOP Contract and designated as Street Rehabilitation (HM. AC 2014-3),City Project No. 02258. S O M NOW, THEREFORE, THE CONDITION O F T HIS OBLIGATION is such that if Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in MR Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under the Contract, then this obligation shall be and become null and void; otherwise to remain in full for and effect. This bond is made and executed in compliance with the provisions of Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said statute. AM Aft CITY OF FORT WORTH Street Rehabilitation(IDAAC 2014-3) STANDARD CONSTRUCTION SPECIFICATION DOCUME'NTS City Project No.02258 Revised July 1,2011 0061 14-2 PAYMENTBOND Page 2 of 2 and No, 0965568 IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED this instrument by duly authorized agents and officers on this the 14r" day of Ma 20 14 'Am PRINCIPAL: JLB CONTRACTING,I..,I,C MW ....................................................... ........I _11-1— ...................................... ATTEST: BY: Signature VA, a Sam Davis (Pri ipal ISec tary Name anFMrw Eent Address- P.O. Box 24131 ............................................................... Foq V�(L h. x 76124 I'M q _1e as * W' e as to Principal SURETY: WESTFIELD INSUI ANCE COMPANY ATTEST: BY: W USRI Si 114 V 0 Kylq-V��. we"e ttorric -in-Fact (Surety) Secretary Name and Title Address: 555 1 ep kD9yc Div c Suite 450 1)Ln.q, Texas 75074 Witness 18 to Surety Eliza.b th Gray Telephone Number: 972-51.6-2600 Note: If signed by an officer of the Surety, there must be on file a certified extract from the bylaws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the on shall not be prior to the date the Contract is awarded, END OF SECTION OR CITY OF FORT WORTH Street Rchabifitation(HMAC 2014-3) STANDARD CONSTRUCTION SPECIFICATION DOCUMF,NTS Oty Project Na.02258 Revised July 1,2011 11 OR 0061 19-1 MAINTENANCE BOND 110 Page I of 3 and No..09 65568 SECTION 00 61 19 MAINTENANCE BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TAR NT § That we_ JLB ContrAqj!!gJjC ipal" herein and _, kfiown as "Princ Westfield Insurance Coninnny , a corporate surety(sureties, if more than one) duly authorized to do business in the State of Texas, known as "Surety"herein (whether one or more), are held and firmly bound unto the City of Fort Worth, a municipal corporation created pursuant to the laws of the State of Texas,known as"City"herein, in the sum of One Million, Four Hundred Fiftv-EiLyht Thousand,Five Hundred Forty-Seven Dollars and Thi!11:Four Cents($1,458,547.34) lawful money of the United States,to be paid in Fort Worth, Tarrant MM County,Texas,for payment of which sum well and truly be made unto the City and its successors, we bind ourselves, our heirs, executors,administrators, successors and assigps,jointly and severally,firmly by these presents. WHEREAS,the f1rincipal has entered into a certain written contract with the City awarded the 6'h day of May erred to and a made _, 20 14 which Contract is hereby ref part hereof for all purposes as if fully set forth herein,to furnish all materials, equipment labor WWI and other accessories as defined by law, in the prosecution of the Work, including any Work rest,ifting from a duly authorized Change Order(collectively herein,the "Work")as provided for in said contract and designated as Street Rehabilitation( D4AC 20143). City Project No. 02258- and WHEREAS, Principal binds itself to use such materials and to so constri,ict the Work in accordance with the plans, specifications and Contract Documents that the Work is and will remain free from de-fccts in materials or workmanship for and during the period of two(2)years o after the date of Final Acceptance of the Work by the City("Maintenance Period"); and WHEREAS,Principal binds itself to repair or reconstruct the Work in whole or in part upon receiving notice from the City of the need thereof at any time within the Maintenance Period, CITY OF FORT WORTH Street Rehabilitation(HMAC 2014-3) STANDARD CONS"MUCTION SPECIFICATION DOCUME"NTS City Project No.02258 Revised August 1 7,2012 PON 0061 19-2 MAINTF"NANCE BOND Page 2 of 3 Bond No. 09.65568 NOW THEREFORE,the condition of this obligation is such that if Principal shall remedy any defective Work, for which timely notice was provided by City,to a completion satisfactory to the City,then this obligation shall become null and void; otherwise to remain in full force and effect. OR PROVIDED,HOWEVER, if Principal shall fail so to repair or reconstruct any timely, I'M noticed defective Work, it is agreed that the City may cause any and all such defective or to be repaired and/or reconstnteted with all associated costs thereof being bome by the Principal and 9M the Surety under this Maintenance bond; and gp)p PROVIDED FURTHER,that if any legal action be filed on this Bond, venue shall lie in Tarrant County, Texas or the L)nited States District Court for the Northern District,of"rexas, Fort Worth Division; and g�jk PROVIDED FURTHER,that this obligation shall be continuous in nature and ON successive recoveries may be had hereon for successive breaches. MR IF AM 0)'Mpi ygm Dw CITY OF FORT WORTH Street Rehabilitation(HMAC 2014-3) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS C4 Project No.02258 0" Revised August 17,2012 00 61 19-3 MAKFENANCE BOND Dy PaFe 3 of 3 Bond No. 0965568 Affln IN WITNESS WHEREOF,the Principal and the Surety have each SIGNED and SEALED this instrument by duly authorized agents and officers on this the 14"' day of May_,20 14 . PRINCIPAL: JLB CON' RA(.",' 11t.1C ............ .............................................................. BY: ATTEST: Sam Davis ............. (frinj1pal)Secretary" NaweOLgm Address: RO, Box 24131 ..........._... ­­....................................... j�qq.,)ygAjh,...Texas 76124 . ­11........................ ................. W' e s as to rin.c pal s SURETY: WESTFIELD NSUR. E COMPANY . ... ...... BY: Kyle W..5Lw e AI�L gLn-y_ , orne -in-Fac ATTEST. Name and Title Address" 555jf gpitbliq Drive Suite 450 (Surety)Secretary Rjjjjq....,'Lqxas 750" 4.._... u, Telephone Number: 972-516-2600 W7itness�s' o Surety I 11be khl *Note: If signed by an officer oft e Surety Company, there must be on file a certified extract 401 from the by-laws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. CITY OF FORT WORTH Street Rehibihotion(HMAC 2014-3) STANDARD CONSTRUCTION SPECIFICA'TiON DOCUMENTS City Pro.ject No.02258 Revised August 17,2012 AM IMPORTANT NOTICE AVISO IMPORTANTE To obtain information or make a complaint: Para obtener informacion o para someter una MR, qLjeja: You may call Westfield Insurance Company's and/or Ohio Farmers Insurance Company"s Use d puede Ilamar al numero de telefono gratis de toll-free telephone number for information or to Westfield Insurance Company's / Ohio Farmers make a complaint at: Insurance Company's para informacion o para someter una queja al: 1-800-368-3597 1-800-368-3597 You may also write to Westfield Insurance Company and/or Ohio Farmers Insurance Usted tambien puede escribir a Westfield Insurance MAP Company at: Company I Ohio Farmers Insurance Company: 555 Republic Drive, Suite 450 555 Republic Drive, Suite 450 Piano, Texas 75074-8848 Piano, Texas 75074-8848 You may contact the Texas Department of Puede comunicarse con el Departamento de Insurance to obtain information on Seguros de Texas para obtener informacion acerca companies, coverages, rights or complaints de companias, coberturas, derechos o quejas al: at: 1-800-252-3439 Rip 1-800-252-3439 Puede escribir al Departamento de Seguros de You may write the Texas Department of Texas: Insurance: P. 0. Box 149104 P. 0. Box 149104 Austin, TX 78714-9104 Austin, TX 78714-9104 Fax: (512) 475-1771 Fax: (512) 475-1771 Web: httr)://www.tdi.state.tx.us di.state.tx.us Web: http://www.tdi.state.tx.us E-mail: ConsumerProtectionatdi.state.tx.us 90 E-mail: ConsumerProtection btdi-state.tx.us DISPUTAS SOBRE PRIMAS 0 RECLAMOS: PREMIUM OR CLAIM DISPUTES: Si fiene una disputa concerniente a su prima o a un qgpi Should you have a dispute concerning your reclamo, de be comunicarse con el agente o premium or about a claim you should Westfield Insurance Company/Ohio Farmers contact the agent or Westfield Insurance Insurance Company primero, Si no se resuelve la 00 Company and/or Ohio Farmers Insurance disputa, puede entonces comunicarse con el Comapny first. If the dispute is not resolved, departamento (TDI). you may contact the Texas Department of Insurance. UNA ESTE AVISO A SU POLIZA: Este aviso es solo para proposito de informacion y no se ATTACH THIS NOTICE TO YOUR convierte en parte o condicion del documento POLICY: This notice is for information only adjunto. and does not become a part or condition of the attached document. 410 RIM THIS POWER OF ATTORNEY SUPERCEDES ANY PREVIOUS POWER BEARING THIS SAME mY POWER#AND ISSUED PRIOR TO 04/20/11, FOR ANY PERSON OR PERSONS NAMED BELOW. General POWER NO. 4220052 06 Power Westfield Insurance Co. 40 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 ailItctively as 'Companies," duty 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, ELIZABETH GRAY, JOINTLY OR SEVERALLY of FORT WORTH and State of TX its true and lawful Attorney(s)-i n.-Fart,with full power and authority hereby conferred in its Flame, 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 sign ed 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 Attorneys)-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 Attorneys)-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-4n-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 mr seat 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 20th day of APRIL A.D.,2011 Corporate N WESTFIELD INSURANCE COMPANY At/, Seals . ...... WESTFIELD NATIONAL INSURANCE COMPANY Affixed --r OHIO FARMERS INSURANCE COMPANY LMOO SU tn., SEAL 1848 *.*s vv� By- State of Ohio Richard L. Kinnaird, Jr., National Surety Leader and 010 County of Medina ss.: Senior Executive On this 20th day of APRIL A.D.,2011 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 Seal n L wil Affixed 0 AY- . Ir William J. Kahelin,A rney at Law, Notary Public State of Ohiop y Commission Does Not Expire(Sec. 147.03 Ohio Revised Code) County of Medina ss.: hY 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 for and eff ect;and furthermore,the resolutions of the Boards of Directors, set out in the Power of Attorney are In full force and eff ect. Lfl In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Westfield Center, Ohio, this 14t'day of A D M 0 ay 2 14 '% %0NAk %� L: 4A. . X�� "4 t", Sectwary SS. 1848 .447e S Frank A. Carrino, Secrefwy 101 BPOAC2 (combined) (06-02) A R " CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD ) 5/14/2014 OR THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: �T The Sweeney Company PHONE (817)457.-5700 4C NG:(S1a)as7-7za6 1121 E. Loop 820 South E-MAIL s: O Box 8720 INSURERS AFFORDING COVERAGE NAIC q �..�.........._..._... _ 1?_ _......._.._...._._ Fort Worth TX 70124-0720 INSURER Bituminous Fire & Marine INSURED ......._. ..... ..._._... ......._... INSURERB.Bituminous Casualty Corp JIB Contracting, LLC INSURERC.Great American Ins Co (Cas HkQ O Box 24131 INSURERD: _�®_....... _ ............ _.. INSURER E: Fart Worth TX 76124 INSURER F: 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 R INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PER'T'AIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE "PERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.I...IMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. _ INSR TYPE OF INSURANCE POLICY NUMBER POLICY POLICY YYY LIMITS LTR alh+T.. GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 � JFtM1W�SZ_R_'R 100,000 X COMMERCIAL.UENP::RAI.I IABII..IT"Y PRE�RISES 4Fa r�gLA rrerce $ _®..._ _._ CLAIMS-MADE X OCCUR CLP 3 592 965 9/30/2013 /30/2014 MED EXP(Any one person) $ 5,000 .n g{ _ RA.CTYlAI. PERSONAL&ADV INJURY $ 1,000,000 X XCU GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS COMPIOP AGO $ 2,000,000 POLICY X PRO LOC $ MINI AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) _ $ 11000,000 X ANY AUTO BODILY INJURY(Per on) It ALLO°WNED SCHEDULED `AP 3 592 999 9/30/2013 9/30/2014 BODILY INJURY(Per accident) $ AUTOS AUTOS N-O ED PROPER"TY DAMAGE 1j" HIRED AUTOS AUTOS .LEcLr acgdent) Underinsured motorist $ UMBRELLA LIAR X UR EACH OCCURRENCE $ 5,000,000 C EXCESS uae �.. CLAIMS-MADE AGGREGATE �....� $ 5,000,000 TT DED X RETENTION$ 10,00C TUD 0015409 04 9/30/2013 9/30/2014 $ TI B WORKERS COMPENSAON X WC:STATU- O R AND EMPLOYERS°LIABILI7Y YIN ANY PROPRIETORrPARTNERIEXECUTIVE N C A E.L.EACH ACCIDENT $ 11000,000 OFFICER!MEMBER EXCLUDED? C 3 592 996 9/30/2013 9/30/2014 E..L.DISEASE•EA EMPLCIYE $ Y 000,000 (Mandatory in NH) r It es,describe under m DESCRIPTION OF OPERATIONS below .._~_ _�. E.L.DISEASE-POLICY LIMIT $ 1 000,000 r DESCRIPTION OF OPERATIONS I LOCATIONS f VEHICLES (Attach ACORD 101,Additional Remarks Schedule,If mom apace Is required) STREET REHABILITATION (H MAC 2014-3) , CITY PROJECT NO. 02258. ALL POLICIES INCLUDE A BLANKET AUTOMATIC WAIVER OF SUBROGATION ENDORSEMENT & THE GL, AUTO & UMB POLICIES INCLUDE A BLANKET AUTOMATIC ADDITIONAL gM INSURED ENDORSEMENT PROVIDING ADDITIONAL INSURED & WAIVER OF SUBROGATION STATUS TO THE CERTIFICATE HOLDER ONLY WHEN THERE IS A WRITTEN CONTRACT BETWEEN THE NAMED INSURED & THE CERTIFICATE HOLDER THAT REQUIRES SUCH STATUS, THE GL ADDITIO14AL INSURED ENDORSEMENT CONTAINS SPECIAL PRIMARY & NONCONTRIBUTORY WORDING. THE POLICIES INCLUDE AN ENDORSEMENT PROVIDING 30 DAYS NOTICE OF CANCELLATION (10 FOR NON—PAY OF PREMIUM) 0" TO THE CERTIFICATE HOLDER. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 100 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. CITY OF FORT WORTH 1000 THROCKHORTON ST WORTH, TX 76102 AUTHORIZED REPRESENTATIVE LrO� Charles Sweeney/JOYCE ? ACORD 25(2010/05) 07 1 988-201 0 ACORD CORPORATION. All rights reserved. TAB INS025 r7ninn-o n4 Tho ARr1Rll nmma nnei bane%mrn ranic4®rae6 mmrlrc of Ar'rIPIll