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HomeMy WebLinkAboutContract 52833-R1 CSC No. 52833-R1 CSC No. 52833 CITY OF FORT W TH CONTRACT RENEWAL NOTICE April 14, 2021 C. Green Scaping, LP Attn: Curtis J. Green 2401 Handley Ederville Rd FORT WORTH, TX 76118 Re: Contract Renewal Notice Brick Rehabilitation at various locations Contract No. CSC No. 52833 Renewal Term No. 1: $407,330.00 The above referenced Contract with the City of Fort Worth in the amount of$407,330.00 expires at the expenditure of funds.The funds for the contract have been expended or programmed. This letter is to inform you that the City is exercising its right to renew the Contract for an additional $407,330.00, which will begin immediately. All other terms and conditions of the Contract remain unchanged. Please return this signed acknowledgement letter, along with a copy of your current insurance certificate, to the address set forth below, acknowledging receipt of the Contract Renewal Notice. Failure to provide a signed acknowledgment does not affect the renewal. Please log onto PeopleSoft Purchasing at http://fortworthtexas.gov/purchasing to insure that your company information is correct and up-to-date. If you have any questions concerning this Contract Renewal Notice, please contact me at the telephone number listed below. Sincerely, Engineering Manager Jeffrey D. Perrigo (817) 392-8117 OFFICIAL RECORD CITY SECRETARY Contract Renewal FT. WORTH, TX CSC No. 52833 ACCEPTED AND AGREED: CITY OF FORT WORTH CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person responsible for the monitoring and administration OWN Xff1-ahA/ of this contract,including ensuring all By: Dana Burghdoff(ApY22,202114:41 CDT) performance and reporting requirements. Name: Dana Burghdoff Title: Assistant City Manager By: Salman Shahid(Apr 16,202111:05 CDT) Name: Salman Shahid APPROVAL RECOMMENDED: Title: Professional Engineer APPROVED AS TO FORM AND LEGALITY: By: WilliamJohnso (Apr20,202110:22CDT) Name: William M.Johnson Title: Director, Transportation & Public Works By: Mack(Apr 22,2021 13:21 CDT) Department Aa�440R��� Name: Dou las.W. Black a F°F°°°°r a g a° °.'o Title: Sr. Assistant City Attorney ATTEST: P.�o °a9�d v 0 0=� CONTRACT AUTHORIZATION: .000.00.0 *� M&C: C-21-0276 �EXpS,oa4x Date Approved: 4-13-2021 By: Name: Mary J. Kayser Form 1295 Certification No.: 2021-720713 Title: City Secretary CONTRACTOR: z By: Curtis Green(Apr 1 02107:12 CDT) Name: Curtis J. Green Title: Vice President Date: Apr 16, 2021 OFFICIAL RECORD CITY SECRETARY Contract Renewal FT. WORTH, TX M&C Review Page 1 of 2 Official site of the City of Fort Worth,Texas A CITY COUNCIL AGEND FR H REFERENCE **M&C 21- 202021 BRICK DATE: 4/13/2021 NO.: 0276 LOG NAME: REHABILITATION FIRST RENEWAL CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: (CD 7 and CD 9)Authorize Up to Two Renewals and the Execution of the First Renewal of the Contract with C. Green Scaping, LP, in the Amount of$407,330.00 for the 2021 Brick Pavement Rehabilitation Project at Various Locations RECOMMENDATION: It is recommended that the City Council authorize up to two renewals and the execution of the first renewal of City Secretary Contract No. 52833 with C. Green Scaping, LP, in the amount of $407,330.00 for the 2021 Brick Pavement Rehabilitation project (City Project No. 103204) at various locations. DISCUSSION: In the Fiscal Year 2021 Pay-Go Contract Street Maintenance Program, various types of street maintenance are grouped into specific contract packages. On August 27, 2019, the Mayor and Council Communication (M&C 19-0078) and City Council authorized the execution of the contract with C. Green Scaping, LP for 2020 Brick Pavement Rehabilitation project. That contract has two annual renewal options, but the M&C inadvertently failed to seek authorization of them. C. Green Scaping, LP has agreed to renew this contract under the same term, conditions, and prices. The 2021 Brick Pavement Rehabilitation project (City Project No. 103204) provides the repair and rehabilitation of brick pavement along four street segments listed below: CD Street Name Street Limits Block 7 Camp Bowie Boland Street— Prevost Street 3380 - 5299 Boulevard 9 Main Street East Weatherford Street—West 3rd 100 - 399 Street 9 Main Street West 4th Street—West 9th Street 500 - 999 9 South Main Street West Jefferson Avenue—West 1800 - 2299 Jessamine Street Construction for this project is expected to start in early summer 2021 and to be completed approximately by fall 2021. Upon completion of the project there will be no anticipated impact on the General Fund operating budget. M/WBE OFFICE—C. Green Scaping, LP, is in compliance with the City's BDE Ordinance by documenting good faith effort on the original submittal. Additionally, C. Green Scaping, LP is a certified M/WBE firm. This project is located in COUNCIL DISTRICTS 7 and 9. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the current capital budget, as previously appropriated, in the General Capital Projects Fund for the 2021 Brick Pavement Rehab project to support the approval of the above recommendation and execution of the renewal of the contract. Prior to any expenditure being incurred, the Transportation & Public Works Department has the responsibility to validate the availability of funds. http://apps.cfwnet.org/council_packet/mc review.asp?ID=28826&councildate=4/13/2021 4/14/2021 M&C Review Page 2 of 2 TO Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year Chartfield 2 FROM Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year (Chartfield 2) Submitted for City Manager's Office by: Dana Burghdoff(8018) Originating Department Head: William Johnson (7801) Additional Information Contact: Jeffrey Perrigo (8117) ATTACHMENTS 2021 Brick Rehabilitation Map 01.pdf 2021 Brick Rehabilitation Map 02.1)df 2021 Brick Rehabilitation Map 03.pdf http://apps.cfwnet.org/council_packet/mc review.asp?ID=28826&councildate=4/13/2021 4/14/2021 0"'t'5 pry-- MERCHANTS CSC 5.��33 � 1 !�k BONDING COMPANY. May 10, 2022 City of Fort Worth 200 Texas Street Fort Worth, TX 76102 RE: Bond TXC614205 C. Green Scaping, LP Please let this letter serve as authorization for the City of Fort Worth to date the above referenced bond and Power of Attorney forms. Thank you. Sincerely, Cody White Assistant Vice President street mailing toll free 800.678.8171 email info 0 merchantsbonding.com 6700 Westown Parkway P.O.Box 14498 local 515.243.8171 website merchantsbonding.com West Des Moines,IA 50266-7754 Des Moines,IA 50306.3498 fax 515.243.3854 006t14-t Bond No TXC614205 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, C. Greenscaping, LP, known as "Principal" herein, and 8 Merchants Bonding Company(Mutual) 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 Woilh, a municipal 11 corporation created pursuant to the laws of the State of Texas, known as "City" herein, in the 12 penal sum of Four Hundred and Seven Thousand, Three Hundred Thirty and 00/100 Dollars 13 ($407,330.00), lawful money of the United States, to be paid in Fort Worth, Tarrant County, 14 Texas, for the payment of which sum well and truly be made, we bind ourselves, our heirs, 15 executors, administrators, successors and assigns,jointly and severally, firmly by these presents: 16 WHEREAS, Principal has entered into a certain written Contract with City, awarded the II 17 13 day of April., 2021, which Contract is hereby referred to and made a part hereof for all 18 purposes as if fully set forth herein, to furnish all materials, equipment, labor and other 19 accessories as defined by law, in the prosecution of the Work as provided for in said Contract and 20 designated as 2021 Brick Rehabilitation at Various Locations, City Project Number 103204. 21 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if 22 Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in 23 Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under 24 the Contract, then this obligation shall be and become null and void; otherwise to remain in full 25 force and effect. 26 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 27 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 28 accordance with the provisions of said statute. 29 CITY OF FORT WORTH 2O21 Brick Rehabilitation STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 103204 Revised July 1,2011 Bond No TXC614205 0061 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 /D day of 40) 3 ,20 0LO'". 4 PRINCIPAL: C.Greenscaping,LP ATTEST: BY: Signature �` C04H ide1�� (Principal) cretary Name and Title Address: 2401 Handley Ederville Rd Fort Worth,TX 75118 Witness as to Principal SURETY: Merchants Bonding Company(Mutual) 130 Box es 5 3 - 98 ATTEST: BY: na re - 7 Jeff P King-Attorney in Fact �V- X& (Surety)Secretary Name and Title Address: 830 S 135E Denton Texas 76205 Witness as to urety Telephone Number: 940-382-9691 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 2O21 Brick Rehabilitation STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 103204 Revised July 1,2011 MERCHAN��S BONDING COMPANY,. POWER OF ATTORNEY Know All Persons By These Presents,that MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC.. both being corporations of the State of Iowa(herein oollectivelycalled the"Companies')do hereby make,constitute and appoint,individually, Jeff P King their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) and to,execute,seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in:the nature thereof; on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or.guaranteeing bonds and undertakings required;,or permitted in any actions or proceedings allowed by law: This Power-of-Attorneys granted and is signed and seated by facsimile under and by authority;of the following By-Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual)on April 23,2011 and amended August 14,2015 and adopted by the Board of Directors of Merchants National Bonding,Inc.,on October'16,2015, The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall Have power and authority to appoint Attorneys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto. .bonds and undertakings;.reciognizances;contracts of indemnity and other writings obligatory in the nature thereof.' "The signature of any authorized officer and the seal of the Company may affixed by.facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company;and such Signature and seal when so used shad have the same force and effect as though,manually fixed. In-connection with Obligations in favor of the Florida Department of Transportation only,it is agreed that the power and aut hority hereby given to the Attorney-in-Fact includes;any and all consents for the release of retained percentages andfor final estimates on engineering and construction contracts:required by the,State of Florida Department of Transportation.It is fully understood that consenting to the State of Florida Department of Transportation Making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of i.t&obligations under its bond, In connection with obligations in favor of the Kentucky Department of Highways only;it is agreed that the power and authority hereby given to the AtItomay-in-Fact cannot be modified dr€evoked unless prior written personal notice of such intent has been given to the Commissioner- Department of Highways of the Commonwealth of Ken..tucky at least thirty(30)days prior to the modification or revocation. to Wit+less Whereof,:#0vCompanies have caused this instrument to be signed and sealed this 12th day of.: April 2022. rrrYl •'��' , ppR � •. Ss pPU , �� MPEftCHANTS BONDING COMPANY(MUTUAL). r�.�•GO q�'. w . Qt•yt�., 4 ...�: MERCHANTS NATIONAL BONDING,INC. Prosident STATE OF IOWA �'+►./// ��ty.t`� �� •v��•'` COUNTY OF DALLAS ss, An thir3 i2th day of April 2022 before me appeared Larry Taylor,to me personalty known;who being by me duly sworn did say that he is President of MERCHANTS:BONDING COMPANY(MUTUAL)ar,d MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are'the Corporate Seals of the Companies:and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. t s POLLY MASON o. Commission',Number750576 My Commission Expires P January 07,2023 F0 rvotar�f?ualro (Expiration of notary's commission.does not invalidate this instrument). 1,William Warner,Jr.,Secretary of MERCHANTS BONDING COMPANY:(MUTUAL)and MERCHANTS NATIONAL BONDING,INC.,do hereby certify,that the above and foregoing is a true,and correct copy of the POWER-OF-ATTORNEY executed by said Companies,which is sfil(in full' force and effect and has not been amended or revoked. :In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this f O*ayof '''yin//1.1l1 �R• s{s:�. �10Nq •;fir.. .. . .' ORPO� ep` ,•aO�.��,'�tti s' 2003 ;�` '• 1933 '�; Secretary 'A�.'' ..� ........... Jay .....• �•� POA'0010 0120} . 0061 13-I PERFORMANCE BOND Page 1 of 2 1 SECTION 00 6113 2 PERFORMANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we C,Greenscaping,LP,known as"Principal"herein and 8 Texas Merchants Bonding (Mutual) , 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,Four Hundred Seven 12 Thousand,Three Hundred and Thirty and 00/100 Dollars ($407,330.00), lawfill money of the 13 United States,to be paid in Fort Worth,Tarrant County,Texas for the payment of which sum 14 well and truly to be made,we bind ourselves,our heirs,executors, administrators,successors and 15 assigns,jointly and severally, firmly by these presents. 16 WHEREAS,the Principal has entered into a certain written contract with the City 17 awarded the 13 day of April, 2021,which Contract is hereby referred to and made a part hereof 18 for all purposes as if fully set forth herein,to furnish all materials, equipment labor and other 19 accessories defined by law,in the prosecution of the Work, including any Change Orders,as 20 provided for in said Contract designated as 2021 Brick Rehabilitation at Various Locations,City 21 Project Number 103204. 22 NOW,THEREFORE,the condition of this obligation is such that if the said Principal 23 shall faithfully perform it obligations under the Contract and shall in all respects duly and 24 faithfully perform the Work,including Change Orders,under the Contract,according to the plans, 25 specifications, and contract documents therein referred to, and as well during any period of 26 extension of the Contract that may be granted on the part of the City,then this obligation shall be 27 and become null and void,otherwise to remain in full force and effect. 28 PROVIDED FURTHER,that if any legal action be filed on this Bond,venue shall lie in 29 Tarrant County,Texas or the United States District Court for the Northern District of Texas,Fort 30 Worth Division, CITY OF FORT WORTH 2O22 Brick Rehabilitation STANDARD CONSTRUCTION SPECIFICATIO14 DOCUMENTS City Project Number 103742 Revised July 1,2011 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 SIGNEDand SEALED 5 this instrument by duly authorized agents and officers on this the G a day of 6 20 � 7 PRINCIPAL: 8 C.Greensc 9 10 I I BY:_ 12 Signature 13 ATTEST: 14 I `� II 15 li1\ Ca�k)ew) U)�, _SIG&4— 16 (Principal)S retary 0 Name and Title 17 18 Address:2401 Handley Ederville Rd 19 Fort Worth,TX 75118 20 21 cti 22 Witness as to Principal 23 SURETY: 24 Merchants Bonding Company(Mutual) 25 O ox es es- 5 3 - 26 /� 27 BY: �r 28 ature 1 29 30 Jeff P King-Attorney in Fact 31 Name and Title 32 ' 830 S 135E 33 Address: 34 Denton Texas76205 35 36 37 Witness as to Sure Telephone Number: 940-382-9691 38 39 40 41 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract 42 from the by-laws showing that this person has authority to sign such obligation, if 43 Surety's physical address is different from its mailing address, both must be provided. 44 The date of the bond shall not be prior to the date the Contract is awarded. 45 CITY OF FORT WORTH 2O22 Brick Rehabilitation STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 103742 Revised July 1,2011 BONDIN.0 COMPANY. ROWER OF ATTORNEY Know AltPersortS ft These Presents,that MERCHANTS BONDING,COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING.INC., both being wilp6ratignS..of the State of Iowa(herein w8ectively called the"Companies')do hereby make,constitute and appoint,Individually. Jeff P King their true and lawful Attorneys)-in-Fact, to sign its name as surety(iesj and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contraots and executing or guaranteeing bonds and undertakings required'or permitted in any actions or proceedings allowed bylaw. This Power-of-Attorney Is,granted and is signed.and.,sealed by facsimile under and by,authority of the following By-Laws adopted by the Board of Directors of Merchants Bonding Company(Mutual)on April;23,2011 and amended August 14,2015 and adopted by the Board of Directors of Merchants Nalional,Bonding,Inc.,on October'16,2015. "The President; Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary.or any Vice President shall have power and authority to appoint Attorneys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto. bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof.' "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond. undertaking', recognizance, or other'suretyship obligations of the Company;and such signature and seal when so used shall have the same force and effect as though,manually fixed, In connection with obligations in favor of the Florida Department of Transportation only;it is agreed that the power and aut hority hereby given to the Attorney-in-Fact Inctudes.any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by,;the'State of Florida Department of Transportation.It is fully,understood that consenting to the State of Florida Department of Transportation makiing'ipayMont.:of:the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any.of .its obligations und.er Its:bond. In connection with obligatloh..ih.faVorof the Kentucky.Departmentof Highways only,it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such Intent has been glven to,the Commissioner- Department of Highways of.the:Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation:: !r,,VJrtpess G!rhereof,the,Corriohlwhave caused this instrument to be signed and sealed this 12th :day of. April 2022MERCHANTS SONDING.COMPANY WJOJYA '•y ��PO q Q b �O'�fr 4�`+ MERCHANTS NATIONAL BONDING,INC. ' •2,ZG ..`or !�•'�: :�.:+�.` o- Wit,...; 2003 ;�k: 1933 By �1-� • �.�{ ♦ /;,5• �. President COUNTY OF DALL.AS ss. On this 12th day o.f April 2022 before me appeared Larry Taylor,to me personally.known.who being by me'duly sworn :did say that he is President of MERCHANTS BONING COMPANY (MUTUAL)and MERCHANTS NATIONAL BONDING, INC.;and that the `seats affixed to the foregoing instrument are4he Corporate Seals of the Companies;and that the said instrument was signed and sealed in behalf of the Companies by authority of their.respective Boards of Directors. IA4 s POLLY MASON 0 Commission Number750576 My Commission Expires (�Q� IOWP January 07,2023 �Y�tJotary Public (Expiration of notary's commission does not invalidate this instrument) Ii William Warner,Jr:,Secretary of MERCHANTS BONDING'COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC.,do hereby certify that the above and foregoing is a true and correct copy of:the POWER-OF-ATTORNEY executed by said Companies,which is still in full force and effect and has not been amended or revoked. in Witness Whereof,I have hereunto set my hand and affixed the aaal of the Companies on this 1d day:af .2 .d« 0-S.. s 2003. :y� 1933 Secretary ,�, •�,,, 40 POA 0.0118(1/20) 0061 19-l MAINTENANCE BOND Pagel 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 C.Greenscaping, LP.,known as"Principal"herein and Merchants Bonding Company (Mutual) 9 ,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 I 1 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 Four Hundred 13 Seven Thousand,Three Hundred and Thirty and 00/100 Dollars ($407,330.00),lawful money of 14 the United States,to be paid in Fort Worth,Tarrant County,Texas,for payment of which sum 15 well and truly be made unto the City and its successors, we bind ourselves,our heirs,executors, 16 administrators,successors and assigns,jointly and severally,firmly by these presents. 17 18 WHEREAS,the Principal has entered into a certain written contract with the City awarded 19 the 13 day of April,2021,which Contract is hereby referred to and a made part hereof for all 20 purposes as if fully set forth herein,to furnish all materials,equipment labor and other accessories 21 as defined by law,in the prosecution of the Work,including any Work resulting from a duly 22 authorized Change Order(collectively herein,the"Work")as provided for in said contract and 23 designated as 2021 Brick Rehabilitation at Various Locations, City Project Nutnber 103204,and 24 25 WHEREAS, Principal binds itself to use such materials and to so construct the Work in 26 accordance with the plans,specifications and Contract Documents that the Work is and will 27 remain free from defects in materials or workmanship for and during the period of two(2)years 28 after the date of Final Acceptance of the Work by the City("Maintenance Period");and 29 30 WHEREAS,Principal binds itself to repair or reconstruct the Work in whole or in part 31 upon receiving notice from the City of the need therefor at any time within the Maintenance 32 Period. 33 CITY OF FORT WORTH 2O21 Brick Rehabilitation STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 103204 Revised July 1,2011 0061 19-2 MAINTENANCE BOND Page 2 of 3 1 NOW THEREFORE,the condition of this obligation is such that if Principal shall 2 remedy any defective Work,for which timely notice was provided by City,to a completion 3 satisfactory to the City,then this obligation shall become null and void; otherwise to remain in 4 full force and effect. 5 6 PROVIDED,HOWEVER,if Principal shall fail so to repair or reconstruct any timely 7 noticed defective Work, it is agreed that the City may cause any and all such defective Work to 8 be repaired and/or reconstructed with all associated costs thereof being borne by the Principal and 9 the Surety under this Maintenance bond; and 10 11 PROVIDED FURTHER,that if any legal action be filed on this Bond,venue shall lie in 12 Tarrant County,Texas or the United States District Court for the Northern District of Texas, Fort 13 Worth Division; and 14 15 PROVIDED FURTHER,that this obligation shall be continuous in nature and 16 successive recoveries may be had hereon for successive breaches. 17 18 19 i CITY OF FORT NORTH 2O21 Brick Rehabilitation STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 103204 Revised July 1,2011 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 ! day of 3 ,20 . 4 5 PRINCIPAL: 6 C.Green sc ping,LP 7 8 9 BY: 10 Signature 11 ATTEST: 12 13 /1 Cahlee 'Ruiz �siclen� 14 (Principal) e retary Name and Title 15 16 Address:2401 Handley Ederville Rd 17 Fort Worth,TX 75118 18 19 20 W tness as to Principal 21 SURETY: 22 Merchants Bonding Company(Mutual) 23 PO Box 1 8 De in s IA 50306-3498 24 25 BY: 26 gnature 27 28 Jeff P King-Attorney in Fact 29 ATTEST: Name and Title 30 31 D'.. Address: 830 S 135E 32 (Surety)Secretary Denton Texas 76205 3334q4�1'1±� 35 Witness as to Sur Telephone Number: 940-382-9691 36 37 *Note: If signed by an officer of the Surety Company,there must be on file a certified extract 38 from the by-laws showing that this person has authority to sign such obligation. If 39 Surety's physical address is different from its mailing address,both must be provided. 40 The date of the bond shall not be prior to the date the Contract is awarded. 41 CITY OF FORT WORTH 2O21 Brick Rehabilitation STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 103204 Revised July 1,2011 MERCHAN BONDING COMPANY,., POWER OF ATTORNEY Know All Persons By These Presents,that MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING.INC., both being corporations of the State of Iowa(herein collectively called the"Companies")do hereby make,constitute and appoint,individually, Jeff P King their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, guaranteeing and und contracts and other written instruments in the nature thereof; on behalf of the Companies in their business of fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in anyactions or proceedings allowed by law: This Power-of-Attorney is granted and Is signed and sealed by facsimile under and by authority of the following By-Laws adopted by the Board of Directors of Merchants Bonding Company(Mutual)on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of Merchants National Bonding,Inc.,on October 16,201S. 'The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint'Attorneys-in-Fact, and to'authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof." 'The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery_of any bond, undertaking, recognizance; or other suretyship obligations of the Company,and such signature and seal when so used shall have the Same force and effect as though manually fixed, In connection with obligations in favor of the Florida Department of Transportation only,it is agreed that the power and aut hority,hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the Slate of Florida Department of Transportation, It is fully understood that consenting to the State of Florida Department of Transportation making payment of,the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only,it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written'personal notice of such Intent has been given to the Commissioner- Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation. In Witness Whereof,the Companies have caused this instrument to be signed and sealed this 12th day of April 2022 gRp0#*'--0 �,*�O,<"VkpoJ..q�. MERCHANTS BONDING COMPANY(MUTUAL) Ss ,„�; MERCHANTS NATIONAL BONDING,INC. .a;2 -o- '" ..: Zoos 1933 #� •. ,rJ ,` '. 'r'.: `�� • President STATE Of:IOINA , •�►► .•.•���• `�•• •• ` COUNTY OF UALLAS ss: On INS 12th day of April 2022 before me appeared Larry Taylor, to me personally known,who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING. INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies;and that the said instrument was signed and sealed in behalf of the Companies by authority or their respective Boards of Directors. kloml. s POLLY MASON OCommission Number 750576 My Commission Expires January,07, 2023 a� Notary Public (Expiration of notary's commission does not invalidate this instrument) I,William Warner,Jr.,Secretary of MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC.,do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies,which is still in full farce and effect and has not been amended at revoked... .,7 In Witness Whereof,I have hereunto set my hand and affixed the soal of the Companies on this `a� clay of � •••• unrr�i� +Rw ..• � .•`may GpRPO/q ly. 2003 tj° y a 1933 seGratary S. :ya. POA0018 (1/20) •••••