HomeMy WebLinkAboutContract 51107-A1 CITY SECRETARY .
AMENDMENT NO. 1 TO CONTRACT N0.
FORT WORTH CITY SECRETARY CONTRACT NO. 51107
CONTRACT FOR SERVICES
WHEREAS, the City of Fort Worth (City) and Restroom Facilities, LTD., (Contractor) made and
entered into City Secretary Contract No. 51107, (the Agreement) which was authorized by M&C C-28733 on
the 12th day of June 2018 in the amount of$218,982.00;and
WHEREAS,the CONTRACT involves the installation of a pre-fabricated restroom/concession building
for the following project:
CO2425 Northwest Community Park Phase H—Restroom Installation
WHEREAS, it has become necessary to administratively execute Amendment No. 1 to the Agreement
to include an increased scope of work and revised fee.
NOW THEREFORE, City and Contractor, acting herein by and through their duly authorized
representatives,enter into the following agreement,which amends the Agreement:
1.
Section 1. Scope of Work of the Agreement is amended to include the additional services specified in
the Turnkey Quotation dated August 14,2018. The Turnkey Quotation originally included in the Agreement is
revised and replaced, in its entirety,with the Turnkey Quotation attached to this Amendment as Exhibit A.The
cost to City for the additional services to be performed by Contractor totals $6,569.00. (See Attached Funding
Breakdown Sheet, Exhibit B)
2.
Section 3. Contract Sum of the Agreement is amended to provide for an increase in the fee to be paid
to Contractor for all work and services performed under the Agreement, as amended, so that the total fee paid
by the City for all work and services shall be in an amount of$225,551.00.
3.
All other provisions of the Agreement,which are not expressly amended herein,shall remain in full force
and effect.
d��f Fort W
Restroom Faei1L ' s,LTD.Amendment No.1 OFFICIAL RECORD
P*t`of a PCITY SECRETARY
FT.WORTH,TX
EXECUTED and EFFECTIVE as of the date last written by a signatory, below.
APPROVED:
City of Fort Worth Contractor:
Restroom Facilities, LTD.
Fernando Costa Johntman
Assistant City Manager Presi ent
DATE: 8b I i8 DATE:
APPROVAL RECOMMENDED:
Luja"�'
Rickard Zavala
Director, Park& Recreation Department
Contract Compliance Manager:
By signing, I acknowledge that I am the person responsible for the monitoring and administration of this
contract, including ensuring all performance and reporting requirements.
1 ( L,
B n yn ss, A
Landscape-Arc ect, Park& Recreation Department
City of Fort Worth
Restroom Facilities,LTD.Amendment No.1 OFFICIAL RECORD
Page 2 of 4
CITY SECRETARY
FT.WORTH,TQC
APPROVED AS TO FORM AND LEGALITY:
Matthew Murray
Assistant City Attorney I
ATTEST:
.. y
Mary J. Kay
City Secretary _
Contract Authorization: AS
M&C: C-28733
Ll
OFFICIAL RECORD
City Fort Worth CITY SECR RY
Restroom Facilities,LTD.Amendment No.1
Page 3 of 4 FTS WORTH,TX
EXHIBIT B
FUNDING BREAKDOWN SHEET
City Secretary No. 51107
Amendment No. 1
Department Fund-Account-Center Amount
080 34014—0800450—5740010 - - CO2425—C04280—9999 - 6,569.00
14020101
Total: 6,569.00
City of Fort Worth
Restroom Facilities,LTD.Amendment No.1
Page 4 of 4
Attachment Al:
Quote for Amendment 1
to CSC# 51107
Restroom
Facilities Ltd
(ZA Compa
TURNKEY QUOTATION
PROJECT NAME: NORTHWEST COMMUNITY PARK
OWNER: CITY OF FT. WORTH, TEXAS
DATE: 14 AUGUST 2018
Restroom Facilities Limited (RFL), the Nation's leading specialized restroom design/build firm
since 1988, offers to furnish and install, per plans and specifications, subject to our attached
Scope of Work, and the Standard Terms and Conditions of Sale, which become part of our offer
to sell.
AMENDMENT TO QUOTE DATED 27 MARCH 2018
BUYBOARD CONTRACT 512-16
PAYMENT AND PERFORMANCE BONDS @ $6,569.00
Payment terms: To be invoiced separately upon presentation of bonds. Thank you for
considering RFL as your restroom specialist for this project.
STANDARD TERMS AND CONDITIONS OF SALE
1. LINKAGE:
These Terms and Conditions of Sale shall apply and form a part of the Company's Offer
to Sell.
2. PRICES:
Sales tax is not required provided the structure is installed by RFL. All Use taxes, and
applicable in plant taxes, in plant permits and fees are paid for by RFL. If payment is not
made by client in accordance with the Contract Terms, interest will be charged at the
rate of 1-1/2% (one and one/half percent) per month until paid. If an order is accepted
by the Company, and a delivery date is accepted by the Client, and delivery is delayed
by the Client, payment of all but 10% is due upon completion at the Point of
Manufacture. A 1-1/2% (one and one/half percent) per month added fee shall be due for
each month the shipment is delayed.
nitial Initial Page 1 of 4
/ , 1707 Colt Circle, Marble Falls,Texas 78654 • Phone: 512,222,5454•www.restroomfacilities.com
3. TERMINATION:
Purchaser shall be responsible for costs of work performed which will include overhead
and profit. Contract may not be cancelled once production has commenced.
4. TITLE AND LIEN RIGHTS:
All Products remain the personal property of the Company, whether or not affixed to any
other real property or structure, until the price (including any notes given therefore)of the
equipment has been fully paid in cash. The Company shall, in the event of the
purchaser's default, have the right to enter upon any premises and repossess such
structures and equipment wherever it may be located.
5. LACHES:
Failure of the Company to exercise any right or remedy under this contract shall not be
deemed a waiver of such right, nor shall any lien or other right of the Company be lost or
impaired by laches or in any manner or by any act or failure to act.
6. DELIVERY:
Except as may be otherwise specified in the attached Offer, delivery will be F.O.B. point
of manufacture. Time of delivery is an estimate only. The Company shall in no event be
liable for delays caused by fires, acts of God, strikes, labor difficulties, acts of
Government or military, delays in transportation or procurement of materials or causes of
any kind beyond the Company's immediate control. If building is ready for shipment and
Customer delays said shipment, Company shall store the facility at the point of
manufacturing and charge 1-1/2% (one and one/half percent) per month as a storage
charge. If shipment arrives and site is not ready, Owner shall pay any off-site storage
fees as applicable.
7. WARRANTY:
All structural elements produced by the company are warranted to the purchaser to be
free from defects in material, workmanship and title. The Company will replace or repair,
at its option, defects in workmanship or any part which is proven defective within five
years from delivery. This warranty applies only where the Company has been notified in
writing of the defect within the warranty period and where any equipment has been
properly operated and maintained in accordance with the Company's instructions: the
Company having no responsibility for abuse, neglect or improper storage. Should any
issues arise where additional work must be performed RFL retains the right to perform
this work at the earliest opportunity. Should it be necessary to have this work performed
by others due to the nature of the work or a conflict in scheduling, RFL must be notified
48 hours in advance in writing and given the opportunity to perform said work. Should it
be necessary to have this work performed by others a written estimate must be
approved by RFL in advance of any work being undertaken. The Company assigns any
and all warranties for fixtures, appliances, and other equipment manufactured by others
to said other manufacturer. Due to its nature, concrete is prone to settling and cracking.
/3� itial Initial Page 2 of 4
fi 707 Colt Circle, Marble Falls, Texas 78654• Phone: 512.222.5454•www.restroomfacilities.com
Minor cracking in the concrete is normal and is not the responsibility of RFL. We use
high quality 304 stainless steel in our products and under certain conditions and/or
improper maintenance stainless steel may rust. Minor rust spots or discoloration are not
the responsibility of RFL. The foregoing shall constitute the said liability of the Company
and the sole remedy to the purchaser. Company's warranties as set forth in this
paragraph are exclusive and are in lieu of, and purchaser hereby waives all other
warranties, expressed or implied, including without limitation, any implied warranties or
merchantability and fitness. This warranty shall be void if payment in full for the project
is not received by the Company in accordance with these Terms and Conditions of Sale.
8. CREDIT:
(Deposit and Progress Payments)
9. MUNICIPAL AND FEDERAL GOVERNMENT AGENCIES:
Orders may require deposits or progress payments. If buyers financial situation justifies
such action, the Company may at its election require payment in advance or cancel the
order as to any unshipped item and require payment of its reasonable cancellation
charges. If the buyer delays completion of manufacture or a delay in shipment, the
Company shall require payment according to the percentage of completion. In the event
of the default of the buyer, the Company is entitled to the full amount due including
reasonable attorneys fees, costs, storage, expenses of physical recovery, and interest at
1-1/2% (one and one/half percent) per month.
10. CLIENTS AND NON-GOVERNMENT AGENCIES:
Orders may require deposits or advance payment as well as progress payments subject
to the buyer's creditworthiness in accordance with the Company's applicable credit
policies. Breach of any payment terms shall accelerate full payment which shall be due
the balance of the contract amount including change orders.
Initial Initial Page 3 of 4
/ 1707 Colt Circle, Marble Falls,Texas 78654 • Phone:512.222.5454•www.restroomfacilities.com
Restroom Facilities Limited
zj�z Zf--777 8/15/18
John Vutman, President Date
Client Name
Name and Title Date
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
M nitial Initial Page 4 of 4
1707 Colt Circle, Marble Falls, Texas 78654. Phone: 512.222.5454•www.restroomfacilities.com
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 6/12/2018 - Ordinance No. 23262-06-2018
DATE: Tuesday, June 12, 2018 REFERENCE NO.: C-28733
LOG NAME: 80NWCP II - DONATION FOR AND CONSTRUCTION OF A RESTROOM
SUBJECT:
Authorize Acceptance of a Donation in the Amount of$65,000.00 from Fossil Creek Little League, Adopt
Appropriation Ordinance, and Authorize a Purchase Agreement with Restroom Facilities Ltd. Using Texas
Association of School Boards BuyBoard Contract No. 512-16, in the Total Amount of$218,982.00, for the
Purchase, Design, Delivery, and Installation of a Restroom/Concession Building at Northwest Community
Park(COUNCIL DISTRICT 7)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize acceptance of$65,000.00 in monetary donations from Fossil Creek Little League;
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations to the
Special Donations Capital Projects Fund in the amount of$65,000.00 for the purpose of funding
installation of a restroom/concession building at Northwest Community Park; and
3. Authorize a purchase agreement with Restroom Facilities Ltd. using Texas Association of School
Boards Buy Board Contract No. 512-16, in the amount of$218,982.00, for the purchase, design, delivery,
and installation of a restroom/concession building at Northwest Community Park.
DISCUSSION:
The purpose of this Mayor and Council Communication (M&C) is to authorize the acceptance,
appropriation, and use of a monetary donation from the Fossil Creek Little League (FCLL), in the amount
of$65,000.00, for the installation of a restroom/concession building at Northwest Community Park, and to
authorize the purchase of a restroom/concession building from Restroom Facilities Ltd., in the amount of
$218,982.00, using Texas Association of School Boards (TASB) Buy Board Contract No. 512-16.
On October 14, 2014, the City Council approved an Allocation Plan for$1,841,600.00, as part of
Proposition Two of the 2014 Bond Program for additional athletic fields in Fort Worth. That plan included
an allocation of$200,000.00 to be used as a challenge grant match for cash donations and monetary
grants received or committed to support the athletic fields project at Northwest Community Park (M&C G-
18337).
On February 9, 2018, FCLL made a monetary donation of$65,000.00 to the Park & Recreation
Department(PARD) to be used as the challenge grant match. Staff recommends using the $200,000.00 of
challenge grant funds and FCLL's $65,000.00 donation towards improvements in the park, including total
funding of the restroom/concession building purchase.
The FCLL and PARD understand that the acceptance of this donation shall not grant nor guarantee
Logname: 80NWCP II -DONATION FOR AND CONSTRUCTION OF A RESTROOM Page I of 3
exclusive use of the athletic fields by the FCLL; and that the City of Fort Worth through its PARD shall
retain sole use, ownership and management rights of the fields and associated facilities, including
scheduling of all fields and determining the uses thereof, including, but not limited to, the rules,
regulations, policies and assessment of authorized fees. The City, through its PARD, shall enter into an
agreement with the FCLL for management and operations of the concession stand and maintenance of
the restroom facility.
State Law provides that a local government purchasing an item under a Cooperative Purchasing
Agreement satisfies state law requiring that the local government seek competitive bids for purchase of
the item. TASB contracts have been competitively bid to increase and simplify the purchasing power of
government entities across the State of Texas.
PARD staff solicited quotes from three vendors listed in cooperatives. Using BuyBoard as the cooperative
alliance, PARD acquired the following three quotes for the restroom/concession building:
BuyBoard Cooperative Contract Quote
Restroom Facilities Ltd. 1 512-161 $218,982.00
Romtec, Inc. 1 512-161 $226,024.53
Public Restroom Company 1 512-161 $234,809.00
PARD and Purchasing staff have reviewed the quotes and recommend awarding a one-time agreement to
Restroom Facilities Ltd., under BuyBoard Cooperative Purchasing Contract 512-16, which expires on
September 30, 2019, for the design, delivery, and installation of a restroom/concession building at
Northwest Community Park.
This project is included in the 2014 Bond Program. Available resources within the General Fund will be
used to provide interim financing until debt is issued. Once debt associated with this project is sold, bond
proceeds will reimburse the General Fund in accordance with the statement expressing official Intent to
Reimburse that was adopted as part of the ordinance canvassing the bond election (Ordinance No.
21241-05-2014) and subsequent actions taken by the Mayor and Council.
M/WBE OFFICE - An MNVBE goal is not assigned when purchasing from an approved purchasing
cooperative or other public entity.
Approximately 120 calendar days are required for development and installation, to commence in June
2018, with an estimated completion date to be September 2018. Beginning in FY2019, the maintenance
impact is anticipated to be $3,865.00 annually. There is no FF&E associated with this project scope.
In accordance with Chapter 7, Article III, Section 7-47, Section 109.2.1 of the City Code, Building and
Trade Permit Fees are waived for this project.
Northwest Community Park is located in COUNCIL DISTRICT 7.
FISCAL INFORMATION /CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendations and adoption of the
attached appropriation ordinance, funds will be available in the current capital budget, as appropriated of
2014 Bond Program Fund pursuant to Ordinance No. 21457-09-2014 and the Special Donations Capital
Projects Fund. The department has the responsibility to validate the availability of funds prior to an
expenditure being made.
FUND IDENTIFIERS (FIDs):
Logname: 80NWCP II -DONATION FOR AND CONSTRUCTION OF A RESTROOM Page 2 of 3
TO
Fund Department ccoun Project JProgram ctivity Budget Reference # �moul
ID ID Year Chartfield 2
FROM
Fund Department ccoun Project JProgram ctivity Budget Reference # moun
ID ID Year Chartfield 2
CERTIFICATIONS:
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Richard Zavala (5704)
Additional Information Contact: David Creek (5744)
ATTACHMENTS
1. 512-16 - Buyboard - Restroom Facilities LTD.pdf (CFW Internal)
2. 80NWCP II - DONATION FOR AND CONSTRUCTION OF A RESTROOM 39007 A018.docx
(Public)
3. CO2425 - NWCP II - MandC- Location Map.pdf (Public)
4. CO2425 - NWCP II - MandC- Restroom - FID ATTACHMENT.xlsx (CFW Internal)
5. CO2425 - NWCP II - Restroom - FORM 1295 - 04172018.pdf (Public)
6. CO2425 - NWCP II - Restroom Quote - 04092018.pdf (Public)
Logname: 80NWCP II -DONATION FOR AND CONSTRUCTION OF A RESTROOM Page 3 of 3
SureTec Insurance Company
9737 Great Hills Trail, Suite 320
Austin, Tx 78759
512-732-0099
TEXAS STATUTORY PERFORMANCE BOND
Bond No.:4414153
KNOW ALL MEN BY THESE PRESENTS:
THAT, Restroom Facilities, Ltd., 1707 Colt Circle, Marble Falls, TX 78654 (hereinafter called the
Principal, and SureTec Insurance Company, a corporation organized and existing under the laws of the
State of Texas, licensed to do business in the State of Texas and admitted to write bonds, as surety,
(hereinafter called the Surety), are held and firmly bound unto City of Fort Worth, Texas, 4200 South
Freeway, Suite 2200, Fort Worth, TX 76115 (hereinafter called the Obligee), in the amount of Two Hundred
Eighteen Thousand Nine Hundred Eighty Two and No/100 Dollars ( $218,982.00 )for the payment whereof,
the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors, and
assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered into a certain contract with the Obligee, dated the 12th day of
June , 2018 for Northwest Community Park, Phase 2 - Fabricate and install restroom/concession stand,
which contract is hereinafter referred to as the "Contract."
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal
shall faithfully perform the work required by the Contract then this obligation shall be null and void;
otherwise to remain in full force and effect;
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of
the Texas Government Code and all liabilities on this bond shall be determined in accordance with the
provision, conditions and limitations of said Chapter to the same extent as if it were copied at length herein.
IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this
21 st day of August, 2018.
Principal: Restroom Facilities, Ltd.
By:
Surety: SureTec Insurance Company
By: CM-Q -
Eva O. Limmer, Attorney-in-Fact
The Rider Attached Hereto Is Incorporated in this Bond and Contains Important Coverage Information
Rev. 1-1-06
POA#: 4221781
SureTec Insurance Company
LIMITED POWER OF ATTORNEY
Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and
existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents
make,constitute and appoint
John R.Ward, Eva O.Limmer, Douglas Moore,Allyson Dean, Emily Mikeska
its true and lawful Attorney-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 to include waivers to the
conditions of contracts and consents of surety for,providing the bond penalty does not exceed
Fifteen Million and 00/100 Dollars($15,000,000.00)
and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate
seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney-in-Fact may do in the
premises. Said appointment shall continue in force until 12/31/2020 and is made under and by authority of the following
resolutions of the Board of Directors of the SureTec Insurance Company:
Be it Resolved, that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary 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:
Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company,to execute, acknowledge and
deliver,any and all bonds,recognizanccs, contracts,agreements or 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 binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary.
Be it Resolved, that the signature of any authorized officer and 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 signature or facsimile seal shall be valid
and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20'h of April,
1999.)
In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, a', its corporate seal
to be hereto affixed this 15th day of May ,A.D. 2017 ,
SVRANC��,y SURETEC SURAN CSP
•.,0 By:
a John Knox resid t
State of Texas ss: ��,L �:?Y
County of Harris •-•••• '
�Tw„niuu'MnN��'
On this 15th day of may ,A.D. 2017 before me personally came John Knox In,to me known,who,being by me7m,swom,did depose and say,that he
resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above
instrument;that he knows the seal of said Company;that the seal affixed to said instrument is such corporate seal;that it was so affixed by order of the
Board of Directors of said Company;and that he signed his name thereto by like order.
JACQUELYN GREENLEAF
lP Up
n_Notary Public,State of Texas
Comm.
Not ry IDExpires
12690302921
Jac 'q elyn Greenleaf Notary Public'
My commission expires May 18,2021
I,M.Brent Beaty,Assistant Secretary of SURETEC INSURANCE COMPANY,do hereby certify that the above and foregoing is a true and correct copy
of a Power of Attorney,executed by said Company,which is still in full force and effect; and furthermore,the resolutions of the Board of Directors, set
out in the Power of Attorney are in full force and effect.
Given under my hand and the seal of said Company at Houston,Texas this 21st day of Auglist 14 am I A.D.
ft/'" -7r
I/)lwb
M.Brent Beaty,Assistant See etary
Any instrument issued in excess of the penalty stated above is totally void and without any validity.
For verification of the authority of this power you may call(713)812-0800 any business day between 8:00 am and 5:00 pm CST.
e
SureTec Insurance Company
THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION
Statutory Complaint Notice/Filing of Claims
To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or to make
a complaint or file a claim at: 1-866-732-0099. You may also write to the Surety at:
SureTec Insurance Company
9737 Great Hills Trail, Suite 320
Austin, Tx 78759
You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints
at 1-800-252-3439. You may write the Texas Department of Insurance at:
PO Box 149104
Austin, TX 78714-9104
Fax#: 512-490-1007
Web: http://www.tdi.state.tx.us
Email: ConsumerProtection@tdi.texas.gov
PREMIUM OR CLAIMS DISPUTES: Should you have a dispute concerning your premium or about a claim, you should
contact the Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance.
------------------------------------------------------------------------------------------------------------------------------
Texas Rider 06042015
SureTec Insurance Company
9737 Great Hills Trail, Suite 320
Austin, Tx 78759
512-732-0099
TEXAS STATUTORY PAYMENT BOND
(Public Works)
Bond No.:4414153
KNOW ALL MEN BY THESE PRESENTS:
THAT, Restroom Facilities, Ltd., 1707 Colt Circle, Marble Falls, TX 78654 (hereinafter called the
Principal), as principal, and SureTec Insurance Company, a corporation organized and existing under the
laws of the State of Texas, licensed to do business in the State of Texas and admitted to write bonds, as
surety, (hereinafter called the Surety), are held and firmly bound unto City of Fort Worth, Texas, 4200 South
Freeway, Suite 2200, Fort Worth, TX 76115 (hereinafter called the Obligee), in the amount of Two Hundred
Eighteen Thousand Nine Hundred Eighty Two and No/100 Dollars ( $218,982.00 )for the payment whereof,
the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors, and
assigns,jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered into a certain contract with the Obligee, dated the 12th day of
June , 2018 for Northwest Community Park, Phase 2 - Fabricate and install restroom/concession stand,
which contract is hereinafter referred to as the "Contract."
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 null and void; otherwise to remain in full force and
effect;
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of
the Texas Government Code and all liabilities on this bond shall be determined in accordance with the
provision, conditions and limitations of said Chapter to the same extent as if it were copied at length herein.
IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this
21st day of August, 2018.
Principal: Restroo F iliti
By: �/
Surety: Sur Tec Insurance Company
By: G�
Eva O. Limmer, Attorney-in-Fact
The Rider Attached Hereto Is Incorporated in this Bond and Contains Important Coverage Information
Rev. 1-1-06
POA#: 4221781
SureTec Insurance Company
LIMITED POWER OF ATTORNEY
Knoip All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and
existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents
make,constitute and appoint
John R.Ward, Eva 0. Limmer, Douglas Moore,Allyson Dean, Emily Mikeska
its true and lawful Attorney-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 to include waivers to the
conditions of contracts and consents of surety for,providing the bond penalty does not exceed
Fifteen Million and 00/100 Dollars($15,000,000.00)
and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate
seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney-in-Fact may do in the
premises. Said appointment shall continue in force until 12/31/2020 and is made under and by authority of the following
resolutions of the Board of Directors of the SureTec Insurance Company:
Be it Resolved, that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary 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:
Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company,to execute, acknowledge and
deliver,any and all bonds,recognizances, contracts,agreements or 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 binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary.
Be it Resolved, that the signature of any authorized officer and 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 signature or facsimile seal shall be valid
and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20'1 of April,
1999)
In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, an is corporate seal
to be hereto affixed this 15th day of May ,A.D. 2017 .
,01MM SURETEC SURAN C
'SV RANC'N,,�
(1, X y .'t�¢ By:
se
W w 'n" John Knox .,:res7id �tState of Texas ss: . �'�County of Harris .-•••••
On this 15th day of May A.D. 2017 before me personally came John Knox Jr.,to me known,who,being by me sworn,did depose and say,that he
resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above
instrument;that he knows the seal of said Company;that the seal affixed to said instrument is such corporate seal;that it was so affixed by order of the
Board of Directors of said Company;and that he signed his name thereto by like order.
JACQUELYN GREENLEAF
Notary Public,State of Texas
9r, +Pc Comm.Expires 05-18-2021
of Notary Notary ID 128903029 Jacq elyn Greenleaf,Notary Public
My commission expires May 18,2021
I,M,Brent Beaty,Assistant Secretary of SURETEC INSURANCE COMPANY,do hereby certify that the above and foregoing is a true and correct copy
of a Power of Attorney,executed by said Company, which is still in full force and effect; and furthermore,the resolutions of the Board of Directors, set
out in the Power of Attorney are in full force and effect.
Given under my hand and the seal of said Company at Houston, Texas this 21st day of ugu t A 2018 A.D.
P) lwt;r—
M.Brent Beaty,Assistant Sec etary
Any instrument issued in excess of the penalty stated above is totally void and without any validity.
For verification of the authority of this power you may call(713)812-0800 any business day between 8:00 am and 5:00 pm CST.
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SureTec Insurance Company
THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION
Statutory Complaint Notice/Filing of Claims
To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or to make
a complaint or file a claim at: 1-866-732-0099. You may also write to the Surety at:
SureTec Insurance Company
9737 Great Hills Trail, Suite 320
Austin, Tx 78759
You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints
at 1-800-252-3439. You may write the Texas Department of Insurance at:
PO Box 149104
Austin, TX 78714-9104
Fax#: 512-490-1007
Web: http://www.tdi.state.tx.us
Email: ConsumerProtection@tdi.texas.gov
PREMIUM OR CLAIMS DISPUTES: Should you have a dispute concerning your premium or about a claim, you should
contact the Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance.
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Texas Rider 06042015