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HomeMy WebLinkAbout025338 - Construction-Related - Contract - Mobile Enterprises, Inc.uoiuoiaa 1L:51 'p'�tr 4�a i�vu munll.r; �Nl �/.JUUL/UU4 CITY SECRETARY � CONTRACT NO. �53:3.8 � �0���� ���������� ���� . structurp� 8z architecturat restorc�tion "Established in 197�" DATE 8/�199 �ro: City of Fort Worth � ��,:�/ � `J �Lr�� � PROJECT: 7th Strset eridge Repair �ocanoiu: Fort Wo�th, Texa.s Fort Worth, 7exas Atm: Mr. bon McChesney � owwqRCWENG.iTranSystems Corporation Gentiemen: w� �opose �o x,r�st, a�i taaor, eauipm�,t, matena�s� supervisian and ins+uatx:e neoes�ary W complete the fdbwing: SCOPE QF WORK: To make sfrudura! repaics io Bent 17 of the 7th StreEt Bridge as shown on Drawing Sheets 1 and 2 of Fle No. 189U0411. Lum� Surr� pr�ce: 41,678.OQ � � � ��Q . \ Page 1 of 1. Not�es: 1. Price inctudes P� R bond. . �� 2. Price does include 6' secur'rty fence around work area. � 3. Rroposal inciudes using EMACa S66�R rep�sir monar in tieu of 7 sack concretie mix. 4. Proposal is based on a maximum of 18 C.F, of �repair mortar. Additional mortar wouEd�be $400 per cabic foo� 5. Prdposal irreludes Addendum No. i. � Quotation: For the sum of: S�E ABOVE PRfCiNG 7ERnns: Net 10 Days , � � '� Respecttulry Submltted• - - kNl'ERPRIS�S I . ` �� l' "� � ---� e _ � ,� � � �.�--- � Y � �F. Davis Signatute Date_ ��/J�� APP�� 8Y �Herr,e: � John F. Unsworth r��r� �r,�� �rr,��� Ci�l1 r�: President Date: �7 ��� This proposal is subjec# tv terrr� and �ioris on the rever�e side oT this proposel 8nd is nbt d COnVdCt until Siqned hy en otfk�er ot thfs cemPanv. This oronosat �lres fi0 deys daYs trom tf1� above daee. .:w, � , FORTwORTH (817)92I-1444 DALI.AS Metro (817) 429•5889 AITESTED BY 832 SOUTHRIAY CTI7CLE Fb�tT WORTH. TE�AS 76115-4008 . d._...._._...._._,_._. _.__.�../ �:ont.r_ac"� t�ut_horizatian • r � .. (713) 473-1033 HOUS'f'ON (817) 424-7300 MCtTo FAX � /!a /a-- a3 , ����"1� /i — -,-- _. - ._ . • �.'r�.� � .> � � 'i���/ �,y Uate � �� Y� • INSURANCE COMPANY ROCIC HILL, NEW YORK 12775-8000 (A Stock Company) AIA Document A312 Performance Bond No. 137869 Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR ((Name and Address): MOBILE ENTERPRISES, INC. 839 Southway Circle Fort Worth, Texas 75 1 1 5-4008 OWNER (Name and Address): CITY OF FORT WORTH 1000 Throckmorton Fort Worth, Texas 76102 CONSTRUCTION CONTRACT Date: 8-6-99 Amount: $41,678.00 Description (Name and Location): SURETY (Name and Principal Place of Business): FRONTIER INSURANCE COMPANY 17774 Preston Road Dallas, Texas 75252 Forty-One Thousand, Six Hundred Seventy-Eight & no/100---Dollars Bridge Repair. BOND Date (Not earlier than Construction Contract Date): 8-18-99 Amount: $41,678.00 Foriy-One Thousand, Six Hundred Seventy-Eight & no/100---Dollars Modifications to this Bond: X NONE � See Page 3 CONTRACT�R A� PRINCIPAL SURETY MOBILE ENT�RP1tISES, INC. (Corporate Seal) FRONTIER INSURANCE COMPANY (Corparate Seal) Signature: ��Qjy,, ��Q,� �Gl%�h Signature� �,(_ N�me and Title: �5�-, Goia�,, �,�,r,s w��-�. Name and Tit e: haryl A Markovits 1� P ��� I ���� Attorn -in-Fact This bond shall not be valid or enforceable until executed by all parties named herein. (ANY ADDITIONAL SIGNATURES APPEAR ON PAGE 3) (FOR INFORMATION ONLY - Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other party): V.R. Damiano, Jr. 17774 Preston Road Dallas, TX 75252 (972) 250-0771 PRINTED IN COOPERATION WITH THE AMERICAN INSTITUTE OF ARCHITECTS (AIA) BY FRONTIER INSURANCE COMPANY. THE LANGUAGE IN THIS DOCUMENT CONFORMS EXACTLY TO THE LAN- GUAGE USED IN AIA DOCUMENT A312, DECEMBER, 1984 EDITION, THIRD PRINTING, MARCH, 1987. A312-1984 FRT-PERFBD (7/97) .� 1 The Contractor and the Surety, jointly and severally, bind them- selves, their heirs, executors, administrators, successors and as- signs to the Owner for the performance of the Construction Con- tract, which is incorporated herein by reference. 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to participate in conferences as provided in Sub- paragraph 3.1. 3 If there is no Owner Default, the Surety's obligation under this Bond shall arise after: 3.1 The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construction Contract. If the Owner, the Contractor and the S�u�ety agree, the Contiactor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to de- clare a Contractor default; and 3.2 The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract. Such Contractor Default shall not be declared earlier than twenty days after the Contractor and the Surety have received notice as provided in Subparagraph 3.1; and 3.3 The Owner has agreed to pay the balance of the Con- tract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accordance with the terms of the contract with the Owner. 4 When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety's expense take one of the following actions: 4.1 Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction Contract; or 4.2 Undertake to perform and complete the Construction Contract itself, through its agents or through independent con- tractors; or 4.3 Obtain bids or negotiated proposals from quali�ed contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and the contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default; or 4.4 Waive its right to perform and complete, arrange for com- pletion, or obtain a new contractor and with reasonable prompmess under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, ten- der payment therefor to the Owner; or .2 Deny liability in whole or in part and notify the Owner citing reasons therefor. 5 If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond iifteen days after receipt of an additional written notice from the Owner to the Surety de- manding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any rem- edy available to the Owner. If the Surety proceeds as provided in Subparagraph 4.4, and the Ownar refuses the payment ten- dered or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 6 After the Owner has terminated the Contractor's right to complete the Construction Contract, and if the Surety elects to act under Subparagraph 4.1, 4.2, or 4.3 above, then the respon- sibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety sha11 not be greater than those of the Owner under the Constnzction Con- tract. To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Con- tract, the Surety is obligated without duplication for: 6.1 The responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; 6.2 Additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Paragraph 4; and 6.3 Liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. 7 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Con- struction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unre- lated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, ex- ecutors, administrators or successors. 8 The Surety hereby waives notice of any change, including changes of tnne, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 9 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the lo- cation in which the work or part of the work is located and shall be instituted within two years after Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragaph are void or prohibited by law, the minimum period of limitation available to sureties as a de- fense in the jurisdiction of the suit shall be applicable. PRINTED IN COOPERATION WITH THE AMERICAN INSTITUTE OF ARCHITECTS (AIA) BY FRONTIER INSURANCE COMPANY. THE LANGUAGE IN THIS DOCUMENT CONFORMS EXACTLY TO THE LAN- GUAGE USED IN AIA DOCUMENT A312, DECEMBER, 1984 EDITION, THIRD PRINTING, MARCH, 1987. A312-1984 FRT-PERFBD (7/97) . 10 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. 11 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorpo- rated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12 DEFINITIONS 12.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Con- struction Contract after all proper adjustments have been made, including allowance to the Contractor of any MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: amounts received or to be received by the Owner in settle- ment of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper pay- ments made to or on behalf of the Contractor under the Con- struction Contract. 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to perform or other- wise to comply with the terms of the Construction Contract. 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the terms thereof. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL Signature: Name and Title: Address: Signature: Name and Title: Address: Countersigning Agent PRINTED IN COOPERATION WITH THE AMERICAN INSTITUTE OF ARCHITECTS (AIA) BY THE FRONTIER INSURANCE COMPANY. THE LANGUAGE IN THIS DOCUMENT CONFORMS EXACTLY TO TF� LAN - GUAGE USED IN AIA DOCUMENT A312, DECEMBER, 1984 EDITION, THIRD PRINTING, MARCH, 1987. SURETY (Corporate Seal) FRONTIER INSURANCE COMPANY (Corporate Seal) A312-1984 FRT-PERFBD (7/97) � ��, n INSURANCE COMPANY ROCK HILL, NEW YORK 12775-8000 (A Stock Company) AIA Document A312 Payment Bond No. 137869 Any singular reference to Contractor, Surety, Owner ar other party shall be considered plural where applicable. CONTRACTOR ((Name and Address): MOBILE ENTERPRISES, INC. 839 Southway Circle Fort Worth, Texas 75 1 1 5-4008 OWNER (Name and Address): CITY OF FORT WORTH 1000 Throckmorton Fort Worth, Texas 76102 CONSTRUCTION CONTRACT Date: 8-6-99 Amount: $41,678.00 Description (Name and Location) SURETY (Name and Principal Place of Business): FRONTIER INSURANCE COMPANY 17774 Preston Road Dallas, Texas 75252 Forty-One Thousand, Six Hundred Seventy-Eight & no/100---Dollars Bridge Repair. BOND Date (Not earlier than Construction Contract Date): 8-18-99 Amount: $41,678.00 Foriy-One Thousand, Six Hundred Seventy-Eight & no/100---Dollars Modifications to this Bond: X NONE � See Page 6 CONTRACTOR AS PRINCIPAL SURETY MOBILE ENTERPRISES, INC. (Corporate Seal) FRONTIER INSURANCE COMPANY (Corporate Seal) Signature: � �� �,���n�'j Signature: �� � �� Name and Title: L�S� b�d,� Name and Tit e: Sh�l A. arkovits / `' � S ��'��` A rney ' -Fact �� ��/ ��� . This bond shall not be valid or enforceable until executed by all parties named herein. (ANY ADDITIONAL SIGNATURES APPEAR ON PAGE 6) (FOR INFORMATION ONLY - Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other party): V. R. Damiano, Jr. 17774 Preston Road Dallas, TX 75252 (972) 250-0771 PRINTED IN COOPERATION WITH THE AMERICAN INSTITUTE OF ARCHITECTS (AIA) BY FRONTIER INSURANCE COMPANY. THE LANGUAGE IN THIS DOCUMENT CONFORMS EXACTLY TO THE LAN- GUAGE USED IN AIA DOCUMENT A312, DECEMBER, 1984 EDITION, THIRD PRINTING, MARCH, 1987. A312-1984 FRT-PERFBD (7/97) 1, The. Contractor and the Surety, jointly and severally, bind them5elves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment - furnished for use in the performance of the Con-struction Con- tract, which is incorporated herein by reference. 2 With respect to the Owner, this obligation shall be null and void if the Contractor: 2.l Promptly makes payment, directly or indirectly, for all sums due claimants, and 2.2 Defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity whose claim, demand, lien or suit is for the payment for labor, mate- rials or equipment furnished for use in the performance of the Construction Contract, provided the Owner has promptly notified the Contractor and the Surety (at the address de- scribed in Paragraph 12) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, and provided there is no Owner Default. 3 With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes payment, directly or indi- rectly, for all sums due. 4 The Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made un- der this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with the Contractor: .1 Have furnished written notice to the Contractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were fur- nished or supplied or for whom the labor was done or performed; and .2 Have either received a rejection in whole or in part from the Contractor, or not received within 30 days of furnishing the above notice and communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly; and .3 Not having been paid within the above 30 days, have sent a written notice to the Surety (at the address de- scribed in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. 5 If a notice required by Paragraph 4 is given by the Owner to the Contractor or to the Surety, that is sufiicient comp- liance. 6 When the Claimant has satisfied the conditions of Para- graph 4, the Surety shall promptly and at the Surety's ex- pense take the following actions: 6.1 Send and answer to the Claimant, with a copy to the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2 Pay or arrange for payment of any undisputed amounts. 7 The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 8 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any Construction Performance Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds eamed by the Contractor in the performance of the Construc- tion Contract are dedicated to satisfy obligations of the Con- tractor and the Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. 9 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10 T'he Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related sub- contracts, purchase orders and other obligations. 11 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the work or part of the work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Subparagraph 4.1 or Clause 4.2 (iii), or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, which- ever of (1) or (2) first occurs. If the provisions of this Para- graph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be suffcient compliance as of the date received at the address shown on the signature page. 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorpo- rated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 14 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall promptly furnish a copy of the Bond or shall permit a copy to be made. PRINTED IN COOPERATION WITH THE AMERICAN INSTITUTE OF ARCHITECTS (AIA) BY'I'f� FRONTIER INSURANCE COMPANY. THE LANGUAGE IN THIS DOCUMENT CONFORMS EXACTLY TO TI� LAN- GUAGE USED IN AIA DOCUMENT A312, DECEMBER, 1984 EDITION, THIRD PRINTING, MARCH, 1987. A312-1984 5 FRT-PERFBD (7/97) 15 � DEFINITIONS 15.1 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, ar- chitectural and engineering services required for perform- ance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: 15.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with other terms thereof. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL Signature: Name and Title: Address: Signature: Name and Title: Address: Countersigning Agent PRINTED IN COOPERATION WITH THE AMERICAN INSTITUTE OF ARCHITECTS (AIA) BY THE FRONTIER INSURANCE COMPANY. Tf� LANGUAGE IN THIS DOCUMENT CONFORMS EXACTLY TO Tf� LAN- GUAGE USED IN AIA DOCUMENT A312, DECEMBER, 1984 EDITION, THIRD PRINTING, MARCH, 1987. SURETY (Corporate Seal) FRONTIER INSURANCE COMPANY (Corporate Seal) A312-1984 6 FRT-PERFBD (7/97) . r " 0 IMPORTANT NOTICE To obtain information or make a complaint: You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 � You may write the Texas Department of Insurance: P.O. Box 149104 Austin, TX 78714-9104 Fax #(512) 475-1771 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the agent or the company first. If the dispute is not resolved, you may contact the Texas Department 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. a � ,e r � �ontier Bond No. 137869 INSURANCE COMPANY Rock Hill, New York 12775 (A Stock Company) POWER OF ATTORNEY ��ttu1U ��� �'�rn �;� �hrsc �Jrrscttts: That FRONTIER INSURANCE COMPANY, a New York Corporation, having its principal office in Rock Hill, New York, pursuant to the following resolution, adopted by the Board of Directors of the Corporation on the 4th day of November, 1985: "RESOLVED, that the Chairman of the Board, the President, or any Vice Presitlent be, and hereby is, authorized to appoint Attorneys-in- Fact to represent and act for and on behalf of the Company to execute bonds, undertakings, recognizances and other contracts of indemnity and wrftings obligatory in the nature thereof, and to attach thereto the corporate seal of the Company, in the transaction of its surety business; "RESOLVED, that the signatures and attestations of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed with respect to any bond, undertaking, recognizance or other contract of indemnity br writing obligatory in the nature thereof; "RESOLVED, that any such Attorney-in-Fact delivering a secretarial certification thatthe foregoing resolutions still be in effect may insert in such certification the date thereof, said date to be not later than the date of delivery thereof by such Attorney-in-Fact." This Power of Attorney is signed and sealed in facsimile under and by the authority o( the above Resotution. DOES HEREBY MAKE, CONSTITUTE AND APPOINT: V. R. D811118170, Jr. James V. Damiano Kenneth Zacharek Sherri L. Schraer Candace Damiano Malaye Mengel Kinder Kat�y R. Zacharek Sharyl A. Markovits of �����$ in the State of Texas its true an aw ul Attorney(s)-in-Fact with full power and authority hereby conferred in its name, place and stead to sign, execute, acknowledge and deliver in its behalf, and as its act and deed, without power of redelegation, as follows: Bonds guaranteeing the fidelity of persons holding places of public or private trust; guaranteeing the performance of contracts otherthan insurance policies; and executing or guaranteeing bonds and undertakings required or permitted in all actions or proceedings or by law allowed; IN AN AMOUNT NOT TO EXCEED THREE MILLION FIVE HUNDRED THOUSAND ($3,500,000.00) �OLLARS; and to bind FRONTIER � INSURANCE COMPANY thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of � FRONTIER INSURANCE COMPANY, and all the acts of said Attorney(s)-in-Fact pursuantto the authority herein given are hereby ratified and confirmed. ,Jn �itness �hereof, FRONTIER INSURANCE COMPANY of Rock Hilt, New York, has caused this Power of Attorneyto be signed by its President and its Corporate seal to be 2ffixed this 2gth day of April � 19 97 ' FRONTIER INSURANCE COMPANY �J ,P`aSURap�Fc, �' � l� / ?��4, POq O': ��i��//� , �P q� 9: '6 iSEAL'� ,'�: �se: State of New York � Fw.oP� BY: County of Sullivan SS•� --• .,_''��, HARRY W. RHUCEN, President . -•,,,,,,,,, ;,,,,,,,,,,,, , On this 2gth day of A�fll , 19 97, before the subscribe a Notary Public of the State of New York in and for the County of Sullivan, duly commissfoned and qualified, came HARRY W. RHULEN of FRO IER INSURANCE COMPANY to me personaily known to be the individual and officer described herein, and who executed the preceding instrument, and acknowledged the execution of the same, and being by me duly sworn, deposed and said, that he is the officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of the Company, and the Corporate Seal and signature as an officer were duly affixed and subscribed to the said instrument by the authority and direction of the Corporation, and that the reso�ution of the Company, reierred to in the preceding instrument, is now in torce. �n rQestimi�n� �llherrnf, I have hereunto set my hand, and affixed my official seal at Rock Hill, New York, the day and year above written. r�?r�cr,V,!P�fq9��, D���� � �OTAqy ��_ ���!%UKJ ia'�,pUBI.\G Q,+r.= �,"�r. yo,. NANCY V. PIERRO "'�FOF NE''u.••''� Nota Public State of New York ,,,,,,, ry Sullivan County Clerk's No. 2395 Commission Expires July B, 2000 CERTIFICATION . I, JOSEPH P. LOUGHLIN, Secretary of FRONTIER INSURANCE COMPANY of Rock Hill, New York, do hereby certify thatthe foregoing Resolution adopted by the Board ot Directors of this Corporation and the Powers of Attorney issued pursuant thereto, are true and correct, and that both the Resolution and the Powers of Attorney are in full force and effect. ��n �itness �hereuf, I have hereunto set my hand and affixed the facsimile seal of the corporation this 18th day of August , i9 99 . ' ,,,,,,,,,,,,,,,, �.o`ayURAry��y„ ��,�p uoPPOq� Ct"i / �I `� �. iDi $�Lm �y5 l Z �tt k `; / :u.� P».v�p n����u� + �/ ,,..�'` /JOSEPH P. LOUGHLIN, Secretary City of Fort Worth, Texas �11�Ayar An�l C,aunc�l C.ammun�cAt�an DATE REFERENCE NUMBER LOG NAME PAGE 10/19/99 C-17712 20REPAIR � 1 of 1 SUBJECT CONFIRM EMERGENCY PROCUREMENT CONTRACT FOR REPAIR OF THE 7TH STREET BRIDGE OVER THE TRINITY RIVER RECOMMENDATION: It is recommended that the City Council confirm an emergency procurement contract with Mobile Enterprises, Inc. for the repair of a portion of the 7th Street bridge over the Trinity River, based upon a low bid of $41,678, and additional work in the amount of $16,359 for a total of $58,037. DISCUSSION: On July 21, 1999, City staff met with Texas Department of Transportation bridge inspection staff and the City's bridge consultant to inspect the 7th Street bridge over the Trinity River. It was agreed that a small portion of the structure had deteriorated to the extent that an immediate repair was required. After receiving approval from the Department of Law, bids were solicited from the following two contractors: BIDDERS Mobile Enterprises, Inc. AUI General Contractors AMOUNT $41.678 $52,644 The low bidder, Mobile Enterprises, Inc., was selected. The contractor began work on August 16, 1999, and completed the work on September 15, 1999. During construction, additional repair was identified and the contractor was authorized to perform this work for a cost of $16,369, bringing the total cost for repair to $58,037. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the Contract Street Maintenance Fund. MG:j Submitted for City Manager's Office by: Mike Groomer Originating Department Head: Hugo Malanga Additional Information Contact: Hugo Malanga FUND � ACCOUNT I CENTER I AMOUNT I CITY SECRETARY (to) 6140 � 7801 I (from) I GS93 � 7801 � � � APPROVED 10/19/99 541200 020930260410 $58,037.00 ��it�� �f 1�"�rt W�r�th, ��°.��.� �i►�Ayor At1d Caunc�l Cammun�cAt�an DATE REFERENCE NUMBER LOG NAME PAGE 10/19/99 C-17712 20REPAIR I 1 of 1 SUBJECT CONFIRM EMERGENCY PROCUREMENT CONTRACT FOR REPAIR OF THE 7TH STREET BRIDGE OVER THE TRINITY RIVER RECOMMENDATION: It is recommended that the City Council confirm an emergency procurement contract with Mobile Enterprises, Inc. for the repair of a portion of the 7th Street bridge over the Trinity River, based upon a low bid of $41,678, and additional work in the amount of $16,359 for a total of $58,037. DISCUSSION: On July 21, 1999, City staff met with Texas Department of Transportation bridge inspection staff and the City's bridge consultant to inspect the 7th Street bridge over the Trinity River. It was agreed that a small portion of the structure had deteriorated to the extent that an immediate repair was required. After receiving approval from the Department of Law, bids were solicited from the following two contractors: BIDDERS Mobile Enterprises. Inc. AUI General Contractors AMOUNT $41.678 $52,644 The low bidder, Mobile Enterprises, Inc., was selected. The contractor began work on August 16, 1999, and completed the work on September 15, 1999. During construction, additional repair was identified and the contractor was authorized to perform this work for a cost of $16,369, bringing the total cost for repair to $58,037. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the Contract Street Maintenance Fund. MG:j Submitted for City Manager's Offce by: Mike Groomer Originatfag Deparfinent Head: Hugo Malanga Additional �nformation Contact: 6140 7801 I FUND I ACCOUNT I CENTER I AMOUNT � (to) � I � I (from) � GS93 541200 020930260410 $58,037.00 i Hugo l�talanga 7801 I CITY SECRETARY APPRQVED CfTY GOUNCIL. ocr is tss� � ��� Citq Secre't,a��r� a[ � �%il� ..i a va. �Il/suy aM1t71t