HomeMy WebLinkAboutContract 45007 (2)THREE PARTY TENDER AGREEMENT AND
MUTAL FINAL RELEASE AS TO THE SURETY AND OBLIGEE
Surety: International Fidelity Insurance Company
Principal: Vendigm Construction, LLC
Obligee: City of FortX Worth
Completion Contractor: Bone Construction Solutions, LLC
Project: Bridge Repair and Rehabilitation at Six Locations (2012-25)
GGO1-539590-0202003
Bond No.: TXIFSU0610727
This Three Party Tender Agreement and Mutual Final Release As To The Surety and Obligee
(the "Agreement") is made this / (9 day ofLC j-, 20115 between CITY OF FORT WORTH
("Obligee")
AND
INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation of the State of
New Jersey having its principal place of business located at One Newark Center, Newark, New
Jersey 07102 (hereinafter the "Surety"),
AND
BONE CONSTRUCTION SOLUTIONS, LLC (hereinafter "Completion Contractor").
WITNESSETH
WHEREAS, on or about December 11, 2012, Obligee, as owner, awarded a contract to
Vendigm Construction, LLC ("Principal"), as general contractor, for the performance of
certain work on a construction project known more commonly as the Bridge Repair and
Rehabilitation at Six Locations (2012-25) GG01-539590-0202003 (the "Project"); and
WHEREAS, Principal's scope of work on the Project is more particulary set out in the
attached Exihibt "A" (the "Contract") which is fully incorporated herein by reference; and
WHEREAS, in connection with the Contract, International Fidelity Insurance Company, as
surety, issued separate Performance and Labor and Material Payment Bonds, each bearing bond
OFFICIAI ECORD
CITY SECRETARY
� WORTH, TX Loi,p O3AI3J3i
number TXIFSU0610727 in the penal sum of $241,666.52 (collectively, the "Bonds"), on
behalf of Principal, as principal, and in favor of Obligee, as obligee; and
WHEREAS, disputes arose between Obligee and Principal, resulting in Obligee defaulting
Principal under the Contract and making a demand against IFIC under the Performance Bond;
and
WHEREAS, the Parties recognize that this Agreement is in furtherance of IFIC's obligations
under the Performance Bond; and
WHEREAS, in an effort to mitigate damages by expediting the progress and completion of
Princpal's obligations under the Contract, IFIC has obtained a proposal for the completion of the
work from the Completion Contractor; and
WHEREAS, Completion Contractor has agreed to complete the scope of work as set forth
herein according to the terms and conditions of the Contract, for a consideration in the amount of
$241,666.52 and to post Payment and Performance bonds naming City of Fort Worth as obligee
in an amount equal to its price for completion of the scope of work as set forth herein; and
WHEREAS, the Surety desires to tender the services of Completion Contractor to Obligee in
full settlement and satisfaction of any and all obligations under its Performance Bond, subject to
the terms of this Agreement; and
WHEREAS, the parties wish to clarify their rights and responsibilities pursuant to the
performance of the completion work as set forth herein in accordance with the original terms and
conditions of the Contract.
NOW THEREFORE, in consideration of the promises, and other good and valuable
consideration, and the mutual covenants set forth herein, the receipt and sufficiency of which are
hereby acknowledged, the Parties hereto agree as follows:
2
1. Terms and Conditions. All of the terms and conditions of the Contract shall remain in
full force and effect, except as modified by this Agreement.
2. Contract Accounting. The original Contract price was for $241,666.52. Obligee issued
approved Change Orders in the total amount of $0.00 resulting in a revised Contract price of
$241,666.52. Obligee has made payments in the amount of $0.00 to Principal under the Contract.
After the default of Principal, Obligee has expended contract funds in the amount of $0.00in
furtherance of completing Principal's remaining scope of work and attests that those costs are in
addition to the Completion Contractor's proposed costs to complete the remaining scope of
work. Accordingly, there remains an unpaid balance and/or amounts remaining available for use
on the Agreement in the amount of $241,666.52 ("Final Contract Proceeds").
3. Availability of Final Contract Proceeds for Completion. The Parties agree that the Final
Contract Proceeds are allocated for completion of Principal's scope of work, and shall be
preserved and dedicated solely and exclusively for use in completion of Principal's scope of
work, and for no other purpose. The Parties agree that the Final Contract Proceeds shall not be
reduced by any claims not specifically addressed herein, including but not limited to claims for
liquidated and/or delay damages arismg out of the Agreement.
4. Tender of Completion Contractor. With the execution of this Agreement, Surety hereby
tenders the Completion Contractor to Obligee to complete the remaining scope of work as set
forth in Bone Construction Solutions, LLC's proposal dated 5/23/2013, a copy of which is
attached hereto as Exhibit "B'" and hereby made a part of this Agreement, for a total amount of
$241,666.52 ("Completion Cost"). All work by Completion Contractor is to be performed in
accordance with the terms and specifications of the Contract previously incorporated herein and
attached hereto as Exhibit "A'.
The parties agree that Surety shall have no responsibility for payment to Completion
Contractor and that Completion Contractor will look solely and exclusively to Obligee for
payment of any and all amounts due hereunder.
3
5. Release. In consideration of the Parties' performance as specified herein, Obligee does
hereby expressly RELEASE, ACQUIT and FOREVER DISCHARGE the Surety of and from
any and all claims, rights, demands and/or causes of action of whatsoever kind or nature which
Obligee has or may ever claim to have, now or in the future, against IFIC under and/or by reason
of the Performance Bond, the Contract and/or the Project; except that Surety reserves its claim to
any excess contract proceeds not expended hereunder by way of its equitable subrogation rights
in accordance with its discharge of its obligations under its payment bond (see 6 below), subject
to the Obligee's concurrence to pay such excess proceeds.
6. The Surety's Continuing Obligations Under Contract Labor and Material Payment Bond.
Nothing herein shall alter or affect the Surety's payment obligations to third party claimants, if
any, under the Payment Bond issued on behalf of Principal in connection with the Project,
provided however that the Payment Bond shall not apply to or cover the Completion Contractor
or any of its sub-subcontractor(s) and suppliers for any work performed and/or materials
delivered in connection with the work performed by the Completion Contractor.
7. Reservation of Rights as Between the Surety and Principal. This Agreement shall in no
way alter, affect, impair or prejudice any rights, claims, causes of action or defenses between the
Surety and Principal and/or its individual indemnitors relating to the Contract, Bonds, or any
other agreements between such parties, regardless of whether such claims arise under contract,
statute or at common law.
8. No Admission of Liability. This Agreement does not constitute an admission of liability
on the part of any of the Parties.
9. Assignment. Obligee hereby assigns and transfers to Surety and subrogates to Surety, all
claims, demands, causes of action and rights which Obligee has, had, or may ever have against
Principal arising out of or evidenced by the Contract.
10. Credits for Payments Made. The parties acknowledge that the Surety's covenants and
obligations of performance under this Agreement are made to address Obligee's demand under
4
the Performance Bond and that all payments by Surety for administration, labor or material or for
performance of the Contract, if any, are in performance of Surety's obligations under the
Performance Bond and are to be credited against the penal sum of the Performance Bond.
Nothing contained in this Agreement shall waive, limit, alter or amend any of Surety's rights,
defenses or liabilities under such Performance Bond (except as otherwise set forth at paragraph 3
above) nor the rights, defenses or liability of its Principal.
11. No Payment by Obligee Without Surety's Consent. Obligee further agrees that it will not
acknowledge or honor any claims or charges against the unpaid contract funds by any creditors
or transferees of Principal or any other parties making claim to any such proceeds or balances
without the prior written consent of Surety or by order of a court of competent jurisdiction after
due notice to Surety. It shall be implied that, upon full execution of this Agreement by the
parties, the Surety consents to payment of Completion Contractor by the Obligee in accordance
with the terms of the Contract.
12. No Waiver of Penal Amount. The parties agree that the Surety, by execution of this
Agreement, does not in any way waive the penal limit of the Performance Bond, and that in the
event it becomes necessary for the Surety to expend its own funds under the Performance Bond,
it shall not be obligated to expend funds in excess of the penal limit of the Performance Bond, in
discharging its obligations thereunder.
13. Binding Agreement. This Agreement shall only extend to and be binding upon the Parties
hereto and their respective successors and assigns. Nothing contained in this Agreement shall
create any third party beneficiaries under the Contract Performance Bond, nor confer any benefit
or enforceable rights under this Agreement other than to the Parties hereto and their respective
successors, assigns, and reinsurers.
14. Administration. Obligee will administer Completion Contractor, any subcontractors and
others that may be designated by Completion Contractor to complete portions of the work on the
same basis and to the same extent as Obligee was required by the Contract to administer the
Contract with Principal.
5
15. No Modification Except as in Writing. This Agreement may not be modified unless in
writing and executed by the Parties hereto. No waiver of any provisions of this Agreement shall
be valid unless in writing and signed by the Party against whom it is sought to be enforced.
16. Interpretation of Agreement. The provisions of this Agreement shall be applied and
interpreted in a manner consistent with each other so as to carry out the purposes and intent of
the Parties, but, if for any reason any provision is unenforceable or invalid such provision shall
be deemed severed from this Agreement and the remaining provisions shall be carried out with
the same force and effect as if the severed portion had not been a part of this Agreement.
17. Incorporation of All Prior Negotiations. This Agreement incorporates, includes, and
supersedes all prior negotiations, correspondence, conversations, agreements or understandings
applicable to the matters contained herein; and the Parties agree that there are no commitments,
agreements or understandings concerning the subject matter of this Agreement that are not
contained in this Agreement. Accordingly, the Parties agree that no deviations from the terms
hereof shall be predicated upon any prior representations or agreements, whether oral or written.
18. Acknowledgment of Release of Rights. The Parties acknowledge and agree that they are
releasing certain rights and assuming certain duties and obligations which, but for this
Agreement, would not have been released or assumed Accordingly, the Parties agree that this
Agreement is fair and reasonable, that each of them has had an opportunity and have in fact
consulted with such experts of their choice as they may have desired, and that they have had the
opportunity and have in fact discussed this matter with counsel of their choice.
19. Advice of Counsel. The Parties acknowledge that they have sought and received
whatever competent advice and counsel as was necessary for them to form a full and complete
understanding of all rights and obligations herein and that the preparation of this Agreement has
been their joint effort. The language agreed to expresses their mutual intent and the resulting
document shall not, solely as a matter of judicial construction, be construed more severely
against one of the Parties than the other.
6
20. Obligations of Further Execution. The Parties agree to execute all such further
instruments, and to take all such further actions as may be reasonably required by any Party to
fully effectuate the terms and provisions of this Agreement and the transactions contemplated
herein.
21 Event of Enforcement. In the event that it is necessary for any of the Parties to seek
enforcement of this Agreement, the Parties agree that the Agreement will be interpreted and
construed in accordance with, and governed by the laws of the State of Texas, and such
proceedings shall occur in a court of competent jurisdiction servicing Texas.
22. Notices. Any notices or other formal communications made under this Agreement shall
be deemed to have been duly given if sent via United States Mail to the following:
To IFIC:
International Fidelity Insurance Company
Attn: Keith D Heath, Sr. Claims Counsel
4965 Preston Park Blvd., Suite 200
Plano TX 75093
To OBLIGEE:
City of Fort Worth
Transportation & Public Works Dept
Attn: Tariqul Islam
1000 Throckmorton St.
Fort Worth, TX 76102
To COMPLETION CONTRACTOR:
Bone Construction Solutions, LLC
Attn: John Bone
P.O Box 823043
North Richland Hills, TX 76182
or at such other address as each of the foregoing may designate in writing by registered or
certified mail to the other.
7
23. Conditions to Effectiveness. This Agreement shall not be effective until (a) each party has
received a fully executed original or counterpart of this Agreement; (b) Obligee and Surety have
received a current Certificate of Insurance from Completion Contractor, with all requisite
coverage and limits as required by the Contract naming Obligee and Surety as additional
insureds (c) Obligee has received payment and performance bonds from a duly licensed and
qualified surety satisfactory to Obligee pertaining to the completion work, each in the amount of
$241,666.52 naming Completion Contractor, as principal, and City of Fort Worth, as Obligee;
and (d) the issuance of a notice to proceed from Obligee to Completion Contractor.
24. Execution in Counterparts. This Agreement may be executed in one or more counterparts,
each of which, when executed and delivered, shall be deemed to be an original, but such
counterparts shall together constitute one and the same instrument.
25. Construction. This Agreement shall be interpreted without regard to any principals of law
requiring ambiguities to be construed against the party deemed to have drafted an agreement.
IN WITNESS WHEREOF, the Parties hereto have affixed their hands and seals to this
Agreement the day and year first set forth above and the individuals who execute this
Agreement personally represent and warrant that they have full authority to execute this
Agreement on behalf of the respective Parties.
[END OF DOCUMENT — SIGNATURE PAGES TO FOLLOW]
8
rt 'r'iOVED AS TO FORM AND LEGALITY:
ATTONE
CITY OF FORT WORTH
•
By: hnsilo 64L.—
Title: Aide /1ancv
Date: /Ol/OS
STATE OF TEXAS
COUNTY OF TARRANT
On this i Li day of 0 ( , 20 is, before me personally appeared Fernando Costa,who is
p y pp
personally known to me and who has stated that he is an Assistant City Manager of CITY OF
FORT WORTH, OBLIGEE, named in the foregoing THREE PARTY TENDER
AGREEMENT AND MUTAL FINAL RELEASE AS TO THE SURETY AND OBLIGEE, that
he executed the foregoing instrument on behalf of the City of Fort Worth with full authority to
do so and that he executed the foregoing instrument on behalf of the City of Fort Worth for the
uses and purposes set forth therein.
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LINDA M. HIRRLINGER
MY COMMISSION EXPIRES
February 2, 2014
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OFFICIAL RECORD
CITY SECRETARY
r I, WORTH, TX
INTERNATIONAL FIDELITY
INSURANCE COMPANY
By:
Title: sr, c2 024— s J
Date: 9lzy /7.4r
STATE OF TEXAS
COUNTY OF (*Win
On this Vday of tPm1/25, 20 13, before me personally appeared
Ktith D • heeech
who is [ ] personally known to me or has [ ] produced
as identification and who has stated that he/she is the Si . %nirn C
)(1S t of
INTERNATIONAL FIDELITY INSURANCE COMPANY, named in the foregoing THREE
PARTY TENDER AGREEMENT AND MUTAL FINAL RELEASE AS TO THE SURETY
AND OBLIGEE, that he/she executed the foregoing instrument on behalf of the Corporation
with full authority to do so from the Board of Directors of the Corporation, and that he/she
executed the foregoing instrument on behalf of the Corporation for the uses and purposes set
forth therein.
41
- e`rAVpo DAMITTA LAQUICE St
• a�°�®N I. Iv4:4403 RAUGHTER
xi _ Notary Public, State of Texas
N,• A
0ivf. ,••ott•���� My Commission Expires
�4111110 June 28, 2017
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Notary Public
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STATE / COMMONWEALTH OF
COUNTY/CITY OF .--1-0k s(Nrti,l(1`1
On this day of () CW7 , 20
BONE CONSTRUCTION SOLUTIONS,
LLC
By:
Title: A)tegici-K,
Date: `AID 9-/3
before me personally
SikeDO‘fi\ h , who is [$] personaily
known to me or has [
as identification and who has stated that he/she is teQ LA �� kQ✓l-fr
appeared
] produced
of
BONE CONSTRUCTION SOLUTIONS, LLC, COMPLETION CONTRACTOR, named
in the foregoing THREE PARTY TENDER AGREEMENT AND MUTAL FINAL RELEASE
AS TO THE SURETY AND OBLIGEE, that he/she executed the foregoing instrument on behalf
of the Corporation with full authority to do so from the Board of Directors of the Corporation,
and that he/she executed the foregoing instrument on behalf of the Corporation for the uses and
purposes set forth therein.
e
�'►`4a; ett MIRANDA GIBSON
Notary Public, State of Texas
My Commission Expires
APRIL 9, 2016
11
Notary Public
005243-1
Agreement
Page 1 of 4
1 SECTION 00 52 43
2 THIS AGREEMENT, authorized on December 11, 2012 is made by and between the City of
3 Forth Worth, a Texas home rule municipality, acting by and through its duly authorized City
4 Manager, ( `City"), and Vendigm Construction, LLC.. authorized to do business in Texas,
5 acting by and 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
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•
14 BRIDGE REPAIR AND REHABILITATION AT SIX LOCATIONS (2012-25)
15 GG01-539590-0202003
16 Article 3. CONTRACT TIME
17 3.1 Time is of the essence.
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 run 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
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
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 Six Hundred Fifty Dollars ($650.00) for each day that expires after the time
32 specified in Paragraph 3.2 for Final Acceptance until the City issues the Final Letter of
33 Acceptance.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised November 09, 2011
BRIDGE REHABILITATION (2012-25)
GG01-539590-0202003
00 52 43 - 2
Agreement
Page 2 of 4
34 Article 4. CONTRACT PRICE
35 City agrees to pay Contractor for performance of the Work in accordance with the Contract
36 Documents an amount in current funds of TWO HUNDRED FORTY ONE THOUSAND SIX
37 HUNDRED SIXTY SIX DOLLARS AND FIFTY TWO CENTS ($241,666.52)
38 Article 5. CONTRACT DOCUMENTS
39 5.1 CONTENTS:
40 A. The Contract Documents which comprise the entire agreement between City and
41 Contractor concerning the Work consist of the following:
42 1. This Agreement.
43 2. Attachments to this Agreement.
44 a. Bid Form
45 1) Proposal Form
46 2) Vendor Compliance to State Law Non -Resident Bidder
47 3) Prequalification Statement
48 4) State and Federal documents (project specific)
49 b. Current Prevailing Wage Rate Table
50 c. Insurance ACORD Form(s)
51 d. Payment Bond
52 e. Perfounance Bond
53 f. Maintenance Bond
54 g. Power of Attorney for the Bonds
55 h. Worker's Compensation Affidavit
56 i. MWBE 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
61 Contents of the Project's Contract Documents.
62 6. Drawings.
63 7. Addenda.
64 8. Documentation submitted by Contractor prior to Notice of Award
65 9. The following which may be delivered or issued after the Effective Date of the
66 Agreement and, if issued, become an incorporated part of the Contract Documents:
67 a. Notice to Proceed.
68 b. Field Orders.
69 c. Change Orders.
70 d Letter of Final Acceptance.
71
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised November 09, 2011
BRIDGE REHABILITATION (2012-25)
GG01-539590-0202003
005243-3
Agreement
Page 3 of 4
72 Article 6. INDEMNIFICATION
73 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own
74 expense, the city, its officers, servants and employees, from and against any and all
75 claims arising out of, or alleged to arise out of, the work and services to be performed
76 by the contractor, its officers, agents, employees, subcontractors, licenses or invitees
77 under this contract. This indemnification provision is specifically intended to operate
78 and be effective even if it is alleged or proven that all or some of the damages being
79 sought were caused, in whole or in part, by anv act, omission or negligence of the city.
80 This indemnity provision is intended to include, without limitation, indemnity for
81 costs, expenses and legal fees incurred by the city in defending against such claims and
82 causes of actions.
83
84 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense,
85 the city, its officers, servants and employees, from and against any and all loss, damage
86 or destruction of property of the city, arising out of, or alleged to arise out of, the work
87 and services to be performed by the contractor, its officers, agents, employees,
88 subcontractors, licensees or invitees under this contract. This indemnification
89 provision is specifically intended to operate and be effective even if it is alleged or.
90 proven that all or some of the damages being sought were caused, in whole or in part.
91 by any act, omission or negligence of the city.
92
93 Article 7. MISCELLANEOUS
94 7.1 Terms.
95 Terms used in this Agreement which are defined in Article 1 of the General Conditions will
96 have the meanings indicated in the General Conditions.
97 7.2 Assignment of Contract.
98 This Agreement, including all of the Contract Documents may not be assigned by the
99 Contractor without the advanced express written consent of the City.
100 7.3 Successors and Assigns.
101 City and Contractor each binds itself, its partners, successors, assigns and legal
102 representatives to the other party hereto, in respect to all covenants, agreements and
103 obligations contained in the Contract Documents.
104 7.4 Severability
105 Any provision or part of the Contract Documents held to be unconstitutional, void or
106 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all
107 remaining provisions shall continue to be valid and binding upon CITY and
108 CONTRACTOR.
109 7.5 Governing Law and Venue.
110 This Agreement, including all of the Contract Documents is performable in the State of
111 Texas. Venue shall be Tarrant County Texas or the United States District Court for the
112 Northern District of Texas, Fort Worth Division.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised November 09, 2011
BRIDGE REHABILITATION (2012-25)
GG01-539590-0202003
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
126
127
128
129
130
131
132
133
134
135
,Contractor:
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By:
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Title:
(Signature)
(Printed Name)
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Address: 5t) 5 A tcinecisie( t
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City/State/Zip.
frutfoi Tex%IJ
Fernando Costa
Assistant City Manager
Date
Attest:
City Secretary
(Seal)
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Date: /Z -(/ /L
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s to Form and Legality: aslt
Date Doug as W. Black
Assistant City Attorney
APPROVAL RECOMMENDED:
0 ci .
Douglas . Wiersig
DIRECTOR,
Transportation and Public Works
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised November 09, 201I
BRIDGE REHABILITATION (2012-25)
GGO 1-539590-0202003
G 1H
PREVIOUS
QTY AMOUNT
ESTIMATE NO.:I
APPLICATION DATE:
PERIOD ENDING:
K
MATERIALS
STORED
Contract Name: Bridge Repair at Various Locations (2012-25)
Contractor: Vendigm Construction, LLC
A
ITEM NO.
(1.) 104-2020
(2.) 401-2001
(3.1 429.2007
B
DESCRIPTION
REMOVCONC (OTHER)
PLOWABLE BACKFILL
CNC STR REP (HORIZONTAL)
CNC STP REP (VERTICAL OR
(4.) 429-2008 OVERHEAD/BRDG SUPERSTR
COC STR REP (BRDG DECK) (PARTIAL
(5.) 429-2009 DEPTH)
(6.) 432-2002 RIPRAP (CONC) (51N)
(7.) 438 CLEAN AND SEAL JOINTS AND CRACKS
(8.) 752-2022 TREE REMOVAL (4"-12" DIA)
(9.) 780-2001 EPDXY INJECTION (TY IX)
UOM
D
ORIGINAL
QUANTITY
E
UNIT COST
CY 2 $ 1.635.79
CY 24 $
SF 130.00 $
SF 460.00 $ 114.04
SF 750.00 $
CY 2.00 I $
LF 5,140.00 I $
EA 31.00 $
LE 180.00 $
SCHEDULED
VALUE
$ 3.271.58
523.38 $ 12.561.12
88.97 $ 11.566.10
$ 52,458,40
51.37 $
1,433.61 $
14.92 $
1,013.00 $
38.527.50
2.867.22 I
76.688.80 I
31.403.00
12,322.80
I I
THIS BILLING
QTY AMOUNT
0.00 $
0.00 $
0.00 $
0.00 $
0.00 $
0.00 $
0.00 $
0.00 $
0.00 $
0.00 $
0.00 $
0.00 $
0.00 $
0.00 $
0.00 $
0.00 $
0.00 $
0.001 $
T
4/1 /13
4/1/13
L M
COMPLETED TO DATE
QTY AMOUNT
(G+I) (H+J+K)
0.00 $
0.00 $
0.00 $
0.00 $
0.00 $
0.00 $
0.00 $
0.001$
0.00 $
0.00 $
0.00 $
0.00 $
0.00 $
0.001 $
0.001 $
0.00 $
0.00 $
0.001$
•
Page 11
Bone Construction Solutions, LLC. P.O Box 823043, 76182, N.R.H, Texas.
Structural, Architectural Concrete Repair, Concrete restoration, and Waterproofing
PROPOSAL
May 23, 2013
Vertex Construction Services, Inc.
2810 North Speer Blvd.
Denver, Co. 80211
Attn: Thomas Cyr
RE: Fort Worth Bridges 2012-25
Bone Construction Solutions, LLC proposes to furnish all labor, materials, supervision, insurance and
taxes necessary (except as noted) to complete the following:
Scope of Work:
Remove Concrete
Flowable Backfill
Structural Concrete Repairs (horz.)
Structural Concrete Repairs (overhead)
Structural Repairs (Deck Partial Depth)
5" Riprap
Clean & Seal Joints
Tree Removal
Epoxy Injection
Note:
Units
2 CY.
24 CY.
130 SF.
460 SF.
750 SF.
2 CY.
5140 LF.
31 EA.
180 LF.
Cost /unit
$1,635.79
$523.38
$88.97
$114.04
$51.37
$1,433.61
$14.92
$1,013.00
$68.46
Total
Amount
$3,271.58
$12,561.12
$11,566.10
$52,458.40
$38,527.50
$2,867.22
$76,688.80
$31,403.00
$12,322.80
$241,666.52
1. This proposal is based on the given quantities in the bid documents. If the quantities drop by
10% or more the unit price will increase by 10% for that item to cover job overhead.
Please call if you have any question.
Respectfully submitted by:
Bone Construction Solutions, L.L.C.
Signature Date
Accepted By:
Signature Date
Page 12
The sales tax has not been added to our prices. Please provide the necessary tax-exempt certificates
or the invoice will have taxes Included in it.
Bond No. 712251P
006113.1
PERFORMANCE BOND
Page 1 af 2
1 SECTION 00 61 13
2 PERFORMANCE BOND
3
4 THE STATE OF TEXAS §
5 § KNOW ALL BY THESE PRESENTS:
6 COUNTY OF TARRANT §
7 That we, Bone Construction Solutions, LLC , known as "Principal" herein and
8 Developers Surety and Indemnity Company , a corporate surety(sureties, if' more than
9 one) duly authorized to do business 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
11 pursuant to the laws of Texas, known as "City" herein, in the penal sum of, TWO HUNDRED
12 FORTY ONE THOUSAND SIX HUNDRED SIXTY SIX DOLLARS AND FIFTY TWO
13 CENTS (S241.666.52'l, 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.
17 WHEREAS, the Principal has entered into a certain written contract with the City
18 awarded the 11 day of December, 2012, 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 BRIDGE REPAIR AND REHABILITATION AT
22 SIX LOCATIONS (2012-25), GG01-539590-0202003
23 NOW, THEREFORE, the condition of this obligation is such that if the said Principal
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,
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
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.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised July I, 2011
BRIDGE REHABILITATION (2012-25)
GGOI -539590-0202003
00 61 13 - 2
PERFORMANCE BOND
Page 2 of 2
1 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 determined in
3 accordance with the provisions of said statue.
4
IN WITNESS WHEREOF, the Principal and the Surety have SIGNED and SEALED
5 this instrument by duly authorized agents and officers on this the
6 October 20 13
7
8
9
10
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16
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18
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ATT ST:
nncipal) Secretary
/ i
ftritness AA 4 as to Principal
ATTEST:
'S Ij'htA '_fc4 i
(-
(SLJrety5% Marissa Men,
•
(Vitness
coast, t„stix..04
Jd
Witness as to Surety Candice Allen
9th day of
PRINCIPAL:
Bone Construction Solutions, LLC
BY:
gnature--
Name and Title
Address: P.O. Box 823043
North Richland Hills, TX 76182
SURETY:
Developers Surety and Indemnity Company
et -
BY:
S tgnature
Brady K. Cox, Attorney -in -Fact
Name and Title
Address: P O. Box 19725
irvine, Uf\ )ZbZ i- i /20
Telephone Number: 949-263-3300
*Note: If signed by an officer of the Surety Company, there must be on file a certified extract
from the by-laws showing that this person has authority to sign such obligation. If
Surety's physical address is diffcicnt froin 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 BRIDGE REI^HABIL,ITATION (2012-25)
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS GG01-539590-0202003
Revised July 1, 2011
Bond No. 712251P
006114-1
PAYMENT BOND
Page 1 of 2
1 SECTION 00 61 14
2 PAYMENT BOND
3
4 THE STATE OF TEXAS §
5 § KNOW ALL BY THESE PRESENTS:
6 COUNTY OF TARRANT §
7 That we, , Bone Construction Solutions, LLC , known as "Principal" herein, and
8 Developers Surety and Indemnity Company a corporate surety
9 (sureties), duly authorized to do 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
11 corporation created pursuant to the laws of the State of Texas, known as "City' herein, in the
12 penal sum of TWO HUNDRED FORTY ONE THOUSAND SIX HUNDRED SIXTY SIX
13 DOLLARS AND FIFTY TWO CENTS ($241.666.521, lawful money of the United States, to
14 be paid in Fort Worth, Tarrant County, Texas, for the payment of which sum well and truly be
15 made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and
16 severally, firmly by these presents:
17 WHEREAS, Principal has entered into a certain written Contract with City, awarded the
18 11 day of December. 2012, 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
20 accessories as defined by law, in the prosecution of the Work as provided for in said Contract and
21 designated as BRIDGE REPAIR AND REHABILITATION AT SIX LOCATIONS (2012-25),
22 GGO 1-539590-0202003.
23 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if
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
26 the Contract, then this obligation shall be and become null and void; otherwise to remain in full
27 force and effect.
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 Iiabilities on this bond shall be determined in
30 accordance with the provisions of said statute.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised July I, 2011
BRIDGE REHABILITATION (2012-25)
GG01.539590-0202003
006E 14-2
PAYMENT BOND
Page 2 of 2
1 IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED
2 this instrument by duly authorized agents and officers on this the 9th day of
3 October , 20 13 .
4
ATTEST:
r incipal) Secretary
(5,-np
tness as to Principal
ATTEST:
/111147-14414/ (1/F/{c"
(kf'qq.ecretary Marissa Allen, Witness
`
Witness as to Surety
n
/
Candice Allen
PRINCIPAL;
Bone Construction Solutions, LLC
Signs re
1 '`
4 0c-v6 on Iione
Name and Title
Address: P.O. Box 823043
North Richland Hills, TX 76182
SURETY:
Developers Surety and Indemnity Company
Brady K. Cox, Attorney -in -Fact
Name and Title
Address: P O. Box 19725
Irvine, CA 92623-9725
Telephone Number; 949-263-3300
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
10 The date of the bond shall not be prior to the date the Contract is awarded.
11 END OF SECTION
12
•
CITY OF FORT WORTH BRIDGE REHABILITATION (2012-•25)
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS GG01-539590-0202003
Revised July 1, 2011
Bond No. 712251P
0061 19 -1
MAINTENANCE BOND
Page 1 of 3
1 SECTION 00 61 19
2 MAINTENANCE BOND
3
4 THE STATE OF TEXAS §
5 § KNOW ALL BY THESE PRESENTS:
6 COUNTY OF TARRANT §
7
8 That we Bone Construction Solutions, LLC known as "Principal" herein. and
9 Developers Surety and Indemnity Comoanu a corporate surety (sureties, if more than
10 one) duly authorized to do business in the State of Texas, known as "Surety" herein (whether one
11 or more), are held and firmly bound unto the City of Fort Worth, a municipal corporation created
12 pursuant to the laws of the State of Texas, known as `City" herein, in the sum of TWO
13 HUNDRED FORTY ONE THOUSAND SIX HUNDRED SIXTY SIX DOLLARS AND
14 FIFTY TWO CENTS t$241.666.521, lawful 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
19 WHEREAS, the Principal has entered into a certain written contract with the City awarded
20 the 11 day of December 2012, which Contract is hereby referred to and a made part hereof for
21 all purposes as if fully set forth herein, to furnish all materials, equipment labor and other
22 accessories as defined by law in the prosecution of the Work, including any Work resulting from
23 a duly authorized Change Order (collectively herein, the "Work") as provided for in said contract
24 and designated as BRIDGE REPAIR AND REFIABILITATION AT SIX LOCATIONS (2012-
25 25), GG01-539590-0202003; and
26
27 WHEREAS, Principal binds itself to use such materials and to so construct the Work in
28 accordance with the plans, specifications and Contract Documents that the Work is and will
29 remain free from defects in materials or workmanship for and during the period of two (2) years
30 after the date of Final Acceptance of the Work by the City ("Maintenance Period") and
31
32 WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part
33 upon receiving notice from the City of the need therefor at any time within the Maintenance
34 Period.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised July 1, 2011
BRIDGE REHAEILITATION (2012-25)
G001-539590.0202003
006119.2
MAINTENANCE BOND
Page 2 of 3
1
2 NOW THEREFORE, the condition of this obligation is such that if Principal shall
3 remedy any defective Work, for which timely notice was provided by City, to a completion
4 satisfactory to the City, then this obligation shall become null and void; otherwise to remain in
5 full force and effect.
6
7 PROVIDED, HOWEVER, if Principal shall 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 and/or reconstructed with all associated costs thereof being borne by the Principal and
10 the Surety under this Maintenance bond; and
11
12 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in
13 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort
14 Worth Division; and
15
16 PROVIDED FURTHER, that this obligation shall be continuous in nature and
17 successive recoveries may be had hereon for successive breaches.
18
19
•
C1TY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised July 1, 2011
BRIDGE REHABILITATION (2012-2S)
G601-539590-0202003
0061 19-3
MAINTENANCE BOND
Page 3 of 3
1 IN WITNESS WHEREOF, the Principal and the Surety have each SIGNED and SEALED this
2 instrument by duly authorized agents and officers on this the
3 October 20 13
4
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/ f c-ff�-c
Secretary
c
tness as to Principal
ATTEST:
ATTE,SIT:i/j/tet _fribt -
(Surety) secretary M?rissa Allen, Witness
dada at.
Witness as to Surety Candice Allen
day of 9th
PRINCIPAL:
Bone Construicion Solutions, LLC
yes
BY: I
ature
if\ e
Name an Title
prtf;c/en
Address: P.O Box 823043
North Richland Hills. TX 76182
SURETY:
Developers Surety and Indemnity Company
Y
BY:
Signature
Brady K. Cox, Attorney -in -Fact
Name and Title
Address: P.O Box 19725
Irvine, CA 92623-9725
Telephone Number: 949-263-3300
*Note: if signed by an officer of the Surety Company, there must be on file a certified extract
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
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised July I, 2011
BRIDGE REHABILITATION (2012-25)
GG01-539590-0202003
IMPORTANT NOTICE
To obtain information or make a complaint:
You may call the Surety's toll free telephoen number
for information or to make a complaint at:
1-800-782-1546
You may also write to the Surety at:
P.O Box 19725
Irvine, CA 92623-9725
You may contact the Texas Department of Insurance
to obtain information on companies,
coverage rights or compl•rints at:
1-800-252-3439
You may write the Texas Department of Insurance at:
P.O. Box 149104
Austin, TX 78714-9104
Fax# 512-475-1771
web: http:/hvww.tdi.state.tx.us
E-mail: ConsunierProtection@tdi.state.tx.us
PREMIUM OR CLAIM 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
I)epar tment of Insurance.
ATTACH THIS NOTICE TO YOUR POLICY:
This notice is for information only and does not
become a part or condition of the attached document
AVISO IMPORTANCE
Para obtener informacion o para someter una queja:
Usted puede llamar al numeeo de telefono gratis de
para informacion o para someter una queja al:
1-800-782-1546
Usted tanbien puede escribir a Surety at:
P.O Box 19725
Irvine, CA 92623-9725
Puede conunicarse con el Departamento de Seguros
de Texas para obtener informacion acei ca de compa-
nias, coberturas, derechos o quejas al:
1-800-252-3439
Puede escribir al Department() de Seguros de Texas
P.O. Box 149104
Austin, TX 78714-9104
Fax# 512-475-1771
web: http://www.tdi.state.tx.us
F� mail: ConsunnerPr•otection@tdi.state.tx.us
DISPUTAS SOBRE PRIMAS 0 RECLAMOS:
Si tiene una disputa concerniente a su prima o a un
reclamo, debe comunicarse con el Surety primero. Si
no se resuelve la disputa puede entonces coinuni-
carrse con el departamento (T.DI).
UNA ESTEAVISOA SU POLIZA: Este aviso es solo
para proposito, de informacion y no se convierte en
pai•te o condition del documento adjunto.
Insco Insurance Services, Inc.
Underwriting Manager for
Developers Surety and Indemnity Company • Indemnity Company of California
17771 Cowan, Suite 100
Irvine CA 92614
1-800-762-1546
www.InscoDico.com
ID-1404 (TX) (Rev. 5/12)
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
PO Box 19725, IRVINE, CA92623 (949) 263-3300
KNOW ALL BY THESE PRESENTS that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY, does hereby make. constitute and appoint:
***Brent Baldwin, Brock Baldwin, William D. Baldwin, Michael B. Hill, Brady K. Cox, Blaine Allen, Monica Campos, jointly or
severally***
as its true and lawful Attomey(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporation, as surety, bonds undertakings and contracts of suretyship
giving and granting unto said Attomey(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said
corporation could do, but reserving to each of said corporation full power of substitution and revocation, and all of the acts of said Attomey(s)-in-Fact, pursuant to these presents, are
hereby ratified and confirmed.
This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolution adopted by the Board of Directors of DEVELOPERS SURETY AND
INDEMNITY COMPANY. effective as of January 1st, 2008.
RESOLVED, that a combination of any two of the Chairman of the Board, the President, any Executive Vice -President, Senior Vice -President or Vice -President of the
corporation be, and that each of them hereby is, authorized to execute this Power of Attorney, qualifying the attorney(s) named in the Power of Attomey to execute. on behalf of the
corporation, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporation be. and each of them hereby is, authorized to attest the
execution of any such Power of Attorney:
RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attomey or to any certificate relating thereto by facsimile. and any such
Power of Attomey or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking
or contract of suretyship to which it is attached.
IN WITNESS WHEREOF. DEVELOPERS SURETY AND INDEMNITY COMPANY has caused these presents to be signed by its officers and attested by its Secretary or Assistant
Secretary this May 23.2013.
By:
By
`1
Daniel Young, Senior Vice -President
Gregg N. 0
State of California
County of Orange
On
)fr
ice -President
May 23.2013
Date
personally appeared
before me.
Irt•
GINA L. GARNER
COMM. #2021213
NOTARY PUBLIC CAUFORNIA
ORANGE COUNTY
My oomm. expires May 18.2017
Place Notary Seal Above
..,,, ,,,,,IsitI",
tt
?t,SR as
7A,O ��.
ayJ%,:0470It4; �� s
4 t< oVal
a`� i OCT
ur i 10 1: I
I.o�+ 1936 49
tttttttttttttttt
Gina L. Garner, Notary Public
Here Insert Name and Title of the Officer
Daniel Young and Gregg N. Okura
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to
the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
Signature
CERTIFICATE
Gina L. Garner, Notary Public
at4Alepot
The undersigned, as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY does hereby certify that the foregoing Power of Attorney
remains in MI force and has not been revoked and, furthermore, that the provisions of the resolution of the Board of Directors of said corporation set forth in the Power of Attomey are in
force as of the date of this Certificate.
By:
This Certificate is executed in the City of Irvine, Califomia, this 9th day of October
11-2
Mark J. Lansdon, Assistant Secretary
ID-1438(Rev.05/13)
2013