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Review Page 1 of
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OfficiM gate of Uie Uy gat Fort Woe's,-re",
CnY COUNCR AGEmDA "'Pl4p,
i
j
COUNCIL ACTION* Approved on 6/612014-Ordinance Nos, 21232-96-2014 8i 21233.06.2014
'REFERENCE 20STF EET BEHABIL)TATION
NO.-'N�ATf . 506/2014 026795 LOG NAAAa
(HMAC 2014-3)
CODE, C TYPE: NOW PUSLIC NO
CONSENT NEARING:
UBJF:T: Authorize Execution of a Contract with JLB Contracting, LLC, in the Amount of
$1,458,547.34 for Hot Mix Asphaltic Concrete, HMAC 2014-3 Street Rehabilitation at
Multiple Locations Throughout the City of Fort Worth and Adopt Appropriation Ordinances
(COUNCIL DISTRICTS 3, 5, 8 an
MO Q&TR NN:
It Is recommended that the City Councilq
1. Authorize a transfer in the amount of$729,273.67 from the Water and Sewer er Fund to the Water
Capital Projects,Fund in the amount of$36,4,636.84 and to the Sewer Capital Projects in the amount
of$ 64,631 .83 ,
2. Adapt the attached appropriation ordinances increasing estimated receipts and appropriations in
the Water Capital Projects Fund in the amount of$364,636,84 and the Sewer Capital Projects Fund
I in the amount of ,636.83 from available funds,and
3. Authorize the execution of a contract with JLB Contracting, LLC, in the amount of$1,458,547,34
for Hot Mix Asphaltic Concrete, HMAC 2014-3 street rehabilitation at r uttiple locations throughout the
Cfty of Fort Worth.
i
These strut rehabilitation projects will be undertaken in conjunction with a separate utility contract for
the replacement of water and sewer lines, The Transportation and Pu olio Works Department and the
Water Department shard in these rehabilitation costs in lieu of trench repair under the uti i r contract.
Transportation and Public Works'share on this contract will be 7295273.67 which it available in the
2614 Contract Street Maintenance Fund.
The Cityreservestheright to increase or decrease quantities of individual pay Items within the
contract, prodded that the total contract amount remains within plus or minus 25 percent of the
a
contract.award,
This project was advertised for bid on February 20,2014 and February 27, 2614, in the Fgf,, t�l
Te{ r� , n March 20, 2014, the following bids were recei�
§W_dtM A 99Jn
JLB Contracting, LL $1,458,547-34
Advanced Paving Acquisition $1,532,969.30
A separate Mayor and Council Communication awards another street rehabilitation contract to JLB
frF Contracting, LL C, Staff has determined that the contractorbas sufficient capacity to perform,
satisfactorily on both contracts.
r
711 M"- ' E Office- J'LB Contracting, , is In compliance with the City's Bi3E Ordinance by committing
percent MBA partrclpatton on this project The City's MBE goal on this project,is 16 percent.
l
http:// p .c et.or ,/co cll_p roc re ew. 72 &c Waldo 5d / 014 569/2914
Review Page
These projects are located in COUNCIL DISTRICTS 3, 5 8 and 9.
TI N1C'ER"t"F_ ,AT1
The Financial Management Services Director certifies that funds are available in the current capital
budget,as appropriated,of the Contract Street Maintenance Fund,and upon approval of the above
recommendations and adoption of the attached appropriation ordinances, funds will be available in
the current capital budgets, as appropriated,of the Water Capital Projects Fund and the Sewer
Capital Projects Fund,
TO Fund1Ac/counVP_eAWr_s FROM F rs
P253 476045 6091702258ZZ
1 1 e J 7 , 0
P258 476046 7091ZQ22= El4 2)P253 541200 609170225883 .
2)P253 641200 §QLJ_7&2§03 $364M6.84 F 541200 709170226,883 $364A 8
r
P258 X41 '0170225883 541200 209620225883
1
f o r!qfty M@n_g0go ;ffl Fernando Costa(6122
r . , , MdM#!3J Head, Douglas W. Wiersig (7801)
yr/k dl ire 1 I 'f atl n n ct
Kristianugrim (8902)
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t1i sxfwnet.org/council 0 5d2Q14 /9/ ( 14 t ' 1
00524.3-1
Agretmeni
Page I of 4.
SECTION 00 52 43
qR 2 AGREEMENT
3
4 THIS AGREEMENT, authorized on MAY 62 2014 is made by and between the City of Forth
5 Worth, aTexas home rule municipality,acting by and through its duly authorized City Manager,
6 ("City"), and JLB CONTRACTING, LLCM, authorized to do business in Texas, acting by and
7 through its duly authorized representative,("Contractor").
8 City and Contractor, in consideration of the mutual. covenants hereinafter set forth, agree as
9 follows:
10 Article 1.WORK
11 Contractor shall complete all or as specified or indicated in the Conti-act Documents for the
12 Project identified herein.
13 Article 2.PROJECT
14 The project for which the Work under the Contract Documents may be the whole or only a part is
15 generally described as follows:
16 STREET REHABILITATION
...........................
17 02258
...................... ......
18 Article 3.CONTRACT TIME
19 3.1 Time is of the essence.
20 All time limits for Milestones, if any, and Final Acceptance as stated in the Contract
21 Documents are of the essence to this Contract.
22 3.2 Final Acceptance.
23 The or will be complete, for Final Acceptance within 180 calendar days after the date
24 when the Contract Time commences to run as provided in Paragraph 2.03 of the General
25 Conditions.
26 3.3 Liquidated damages
27 Contractor recognizes that time is of the essence of this Agreement and that City will
28 suffer financial loss if the or is not completed within the times specified in Paragraph
29 3.2 above, plus any extension thereof allowed in accordance with Article 12 of the
30 General Conditions. The Contractor also recognizes the delays, expense and difficulties
31 involved in proving in a legal proceeding the actual loss suffered by the City if the Work
32 is not completed on time. Accordingly, instead of requiring any such proof, Contractor
opmp 33 agrees that as liquidated damages for delay (but not as a penalty), Contractor shall pay
34 City Six Hundred and Fifty Dollars ($650.00) for each day that expires after the time
35 specified in Paragraph 3.2 for Final Acceptance until the City issues the Final Letter of
36 Acceptance.
OFFICI D
AL REC 0 R
CITY SECRETARY
Ro' W09TH, TX
low,
CrFY OF FOR'T WORT H STRE ET'REHABILITKYTON(11MAC(2014-3)
STANDARD CONSTRUCTION SPECIFICATION DO(AMENTS 02.258
AM- Revised August 17,2012
005243 2
Agivement
Page 2 of 4
37 Article 4. CONTRACT PRICE
38 City agrees to pay Contractor for performance of the or in accordance with the Contract
39 Documents an amount in current funds of ONE MILLION FOUR HUNDRED FIFTY EIGHT
40 THOUSAND FIVE HUNDRED FOURTY SEVEN DOLLARS AND THIRTY FOUR
001 41 CENTS($1.458,547.34).
42 Article 5.CONTRACT DOCUMENTS
43 5.1 CONTL,NTS:
44 A. Ile Contract Documents which comprise the entire agreement between City and
45 Contractor concerning the or consist of the following:
46 1. This Agreement.
47 2. Attachments to this Agreement:
48 a. Bid Form
49 1) Proposal Form
50 2) Vendor Compliance to State Law Non-Resident Bidder
51 3) Prequalification.Statement
52 4) State and Federal documents (f)rqjec1qc
)eific)
53 b. Current Prevailing Wage Rate Table
54 c. Insurance ACORD Form(s)
55 d. Payment Bond
56 e. Perfortnance on
57 f Maintenance Bond
58 g. Power of Attoi for the Bonds
59 h. Worker's Compensation Affidavit
60 i. MBE and/or SBE Commitment Form
W) 61 3. General Conditions.
62 4. Supplementary Conditions.
WO 63 5. Specifications specifically made a part of the Contract Documents by attachment
64 or, if not attached, as incorporated by ref rence and described in the Table of
65 Contents of the Project's Contract Documents.
Jim, 66 6. Drawings.
67 7. Addenda.
68 8. Documentation submitted by Contractor prior to Notice of Award.
69 9. The following which may be delivered or issued after the Effective Date of the
70 Agreement and, if issued, become an incorporated part of the Contract Documents:
71 a. Notice to Proceed.
72 b. Field Orders.
73 c. Change Orders.
74 d. Letter of Final Acceptance.
75
76
OFFICIAL RECORD
RJR 01 FY MUMMY
FT,WORTh, TX
000
CITY OF FORT WORTH S'MET RERABILITATION(H. C;,(2014-3)
STANDARD C(..)N 'I N D( 0 19
. STRUCTION SPE,(IFICKYO X,' M E TS 02258
IM Revised August 9 7,2012
MR
00 52 43 3
Agreement
pir Page 3 of 4
77 Article 6.INDEMNIFICATION
78 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own
79 expense, the city, its officers, servants and employees, from and against any and all
80 claims arising out of, or alleged to arise out of,the work and services to be performed
81 by the contractor, its officers, agents, employees, subcontractors, licenses or invitees
82 under this contract. This indemnification provision jisL specifically intended to operate
83 and be effective even if it is alleged or proven that all or some of the dam es being
mD 84 sought were caused,in whole or in Dart, by any act, omission or negligence of the city.
85 This indemnity provision is intended to include, without limitation, indemnity for
86 costs,expenses and legal fees incurred by the city in defending against such claims and
87 causes of actions.
88
89 6.2 Conti-actor covenants and agrees to indemnify and hold harmless, at its own expense,
90 the city,its officers,servants and employees,from and against any and all loss,damage
91 or destruction of property of the city,arising out of,or alleged to arise out of,the work
92 and services to be performed by the contractor, its officers, agents, employees,
wUr 93 subcontractors, licensees or invitees under this contract. This indemnification
94 provision is specifically intended to oDerate and be effective even if it is r
I _Aftgd_SL
95 proven that all or some of the damages being sought were caused, in whole or in Dart.
wu
96 by any act,omission or negligence of the city.
97
98 Article 7. MISCELLANEOUS
99 7.1 Tenns.
too Terms used in this Agreement which are de f med in Article I of the General Conditions will
101 have the meanings indicated in the General Conditions,
102 7.2 Assignment of Contract.
103 This Agreement, including all of the Contract Documents may not be assigned by the
104 Contractor without the advanced express written consent of the City.
105 7.3 Successors and Assigns.
106 City and Contractor each binds itself, its partners, successors, assigns and legal
107 representatives to the other party hereto, in respect to all covenants, agreements and
108 obligations contained in the Contract Documents.
109 7.4 Severability.
Ito Any provision or part of the Contract Documents held to be unconstitutional, void or
HI unenforceable by a court of competent jurisdiction shall be deerned stricken, and all
112 remaining provisions shall continue to be valid and binding upon CITY and
113 CONTRACTOR.
114 705 Governing Law and Venue.
115 This Agreement, including all of the Contract Documents is perf-brmable in the State of
116 Texas. Venue shall be Tarrant Comit)(, Texas, or the United States District Court for the
1.1.7 Northern District of Texas,Fort Worth Division.
OFMCIAL RECORD
0091 CITY SECRETARY
MY OF FORT WORTH STR 1.7 A,14A. I' A '(2014-.3)
�T
STANDARD CONSTRUCTION SPECIFICATION DOC-IMENTS 02258
Revised August 17,21112
005243-4
Agreement
Page 4 of4
118 7.6 Other Provisions.
119 The Contractor agrees to pay at least minimuin wage per our for all labor as the same is
120 classified, promulgated and set out by the City, a copy of which is attached hereto and
121 made a part hereof the same as if it were copied verbatim herein.
122 707 Authority to Sign.
123 Contractor shall attach evidence of authority to sign Agreement, if other than duly
124 authorized signatory of the Contractor.
125
126 IN WITNE'SS WHEREOF, City and Contractor have executed this Agreement in multiple
127 counterparts.
128
129 This Agreement is effective as of the last date signed by the Parties ("E'ffective Date").
00 130
Contractor: City of Fort Worth
..........
use.__
ernando Costa
Assistant City Manager
.............. ...................
(Sigature)
Date_
Attest:
city S cretary
r op
(Sea])
Title: %
............................................
vUt %0 gi
..........
Address:
_......mm_........._.......... .....................
M&C
Date:
...................
AS
C a Approved as to Form and Legality:
............... ..........................-,.......,..._...,,.»,...
NON
Date
G, 44 Assistant City Attorney
131
132
E
11P.lo VOMWNDED'
133 A VAL RE,
aim 0
134
135
.......... ....... ........ ..........................
o as
136 D ugl-"I Wiersig,P.E
138 .
137 DIRECTO
C)R q,I Transportation &Public Works
139
E )
r I
STANDARD CONSTRUCIION SPEEIFICATION",'UMENTS 2258
Revised August 17,2012
Ow
0061 13-1
PFIRFORMANCE BOND
'Ift Page I of 2
and No. 0965568
SECTION 00 61 13
PERTORMANCE BOND
THE STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF TARRANT §
That we, JLB Contracting, L_C , .nvn as"principal"herein and
Westfield Insurance Con1pgRy_, a corporate surety,(sureties, if more than one)
duly authorized to do business in the State of Texas, known as"Surety"herein(whether one or
more),are held and firmly bound unto the City of Fort Worth,a municipal corporation created
pursuant to the laws of Texas, known as"City"herein, in the penal sum of, One Million,Four
Hundred Fifty-Eight Thousand,Five Hundred Fort3L-Seven.Dollars and Thirty-Four Cents
($1,458,547.34
) lawful money of the United States,to be paid in Fort Worth, Tarrant County,
Texas for the payment of which sum well and truly to be trade,we bind ourselves, our heirs,
executors, administrators, successors and assigns, jointly and severally, firm.1y,by these presents.
MIR WHEREAS,the Principal has entered into a certain written contract with the City
awarded the 6h day of May , 20 14 , which Contract is hereby referred to and made a part
hereof for all purposes as if fully set forth herein,to furnish all materials, equipment labor and
Imp
other accessories defined by law, in the prosecution.of the Work, including any Change Orders,
as provided for in said Conti-act designated as Street Rehabilitation (11MAC 201.4-3), Ci!Y
OR Project N2. 02258.
NOW,THEREFORE,the condition of this obligation is such that if the said Principal
shall faithfully perform it obligations under the Contract and shall in all respects duly and
faithfully perform the Work, including Change Orders, under the Cot'itract, according to the plans,
specifications, and contract documents therein referred to,and as well during any period of
extension of the Contract that may be granted on the part oft e City,then this obligation shall be
and become null and void, otherwise to remain in full force and effect.
OR, PROVIDED FURTHER,that if any legal action be filed on this Bond,venue shall lie in
Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort
Worth Division.
CITY OF FORT WORTH Street Rehabilitation(fir C;2014-3)
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No,02258
Revised August 17,2012
0061 13-2
1'ERFORMM14CE BOND
Page 2 of 2
Bond No. 0.965568
FOR This bond is made and executed in cornphance with the provisions of Chapter 2253 of the
Texas Government Code, as ainerided, and all liabilities on this bond shall be determined in
accordance with the provisions of said statue,
Vi"
IN WITNESS WHEREOF,the Principal and the Surety have SIGNED and SEALED
op" this instrument by duly authorized agents and officers on this the 14`h day of May_,20 14
PRINCIPAL:
JLB COLN NG Ll Q I .,
�...................... .........
.................
BY:
Signature
ATTEST: Sam Davis
nct)a Secretary
Nampealxl
Address: P.C . Box 24131
—.... ...............
Egg
Texas 76124
Wi s as to Princi I
'4Wics as to Princi a SURETY-
WESTFIELD INSURANCE COMPANY
BY:
&a
Kyle
--)M,_,S1_,ve_e_11ey.Atto
Name and Title
nms Address:5.55_Ke�bliq Drive Suite 450
LltknoL q,Nas .7507 4
IMF Witues � to Surety Elizabeth GraAy. Telephone Number: 972-516-2600
*Note: If signed by an officer of the Surety Company, there must be on file a certified extract
MMM from the by-laws showing that this person has authority to sign such obligation. If
Surety's physical address is different from its mailing address, both must be provided.
The date of the and shall not be prior t o t he date the Contract is awarded.
OR
MY OF FORT WORTH Street Rehabilitation(HMAC 2014-3)
STANDARD CONSTRUCTION SPEC'IF'ICATION DOCUMENTS City Project No.02258
MR/I Revised August 17,2012
IMP
006114-1
PAYM ENT BOND
Page I of 2
Bond No. 0965568
SECTION 00 61 14
PAYMENT BOND
loop, THE STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF TA NT §
ON
That we, JLB Contracting litC
, -L-, luiown as "Principal" herein,
and Westrield Insurance Co
.................................-!apany ............................ a corporate surety
(sureties), duly authorized to do business in the State of Texas, known as "Surety" herein
(whether one or more), are held and firmly bound unto the City of Fort Worth, a municipal
corporation created pursuant to the laws of the State of Texas, known as "City" herein, in the
penal sum of One Million, Four Hundred Fifty-Eip-lit Thousand, Five Hundred Forth even
Dollars and Thirty-Four Cents S1 458 547.34 , lawful money of the United States, to be paid
in Fort Worth, 'rarrant County, Texas, for the payment of which sum well and truly be made, we
and ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally,
firmly by these presents:
04P
WHEREAS, Principal has entered into a certain. written Contract with City, awarded
the 6"h day of Ma v 20 14 , which Contract is hereby referred to and made a part
oft,
hereof for all purposes as if fully set forth herein, to furnish all materials, equipment, labor and
other accessories as defined by law, in the prosecution of the Work as provided for in said
FOP Contract and designated as Street Rehabilitation (HM. AC 2014-3),City Project No. 02258.
S O M NOW, THEREFORE, THE CONDITION O F T HIS OBLIGATION is such that if
Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in
MR Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under
the Contract, then this obligation shall be and become null and void; otherwise to remain in full
for and effect.
This bond is made and executed in compliance with the provisions of Chapter 2253 of the
Texas Government Code, as amended, and all liabilities on this bond shall be determined in
accordance with the provisions of said statute.
AM
Aft
CITY OF FORT WORTH Street Rehabilitation(IDAAC 2014-3)
STANDARD CONSTRUCTION SPECIFICATION DOCUME'NTS City Project No.02258
Revised July 1,2011
0061 14-2
PAYMENTBOND
Page 2 of 2
and No, 0965568
IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED this
instrument by duly authorized agents and officers on this the 14r" day of Ma
20 14
'Am
PRINCIPAL:
JLB CONTRACTING,I..,I,C
MW ....................................................... ........I _11-1—
......................................
ATTEST: BY:
Signature
VA, a Sam Davis
(Pri ipal ISec tary Name anFMrw Eent
Address- P.O. Box 24131
...............................................................
Foq V�(L h. x 76124
I'M q _1e as
*
W' e as to Principal SURETY:
WESTFIELD INSUI ANCE COMPANY
ATTEST: BY:
W USRI Si 114 V 0
Kylq-V��. we"e ttorric -in-Fact
(Surety) Secretary Name and Title
Address: 555 1 ep kD9yc Div c Suite 450
1)Ln.q, Texas 75074
Witness 18 to Surety Eliza.b th Gray
Telephone Number: 972-51.6-2600
Note: If signed by an officer of the Surety, there must be on file a certified extract from the
bylaws showing that this person has authority to sign such obligation. If Surety's physical
address is different from its mailing address, both must be provided.
The date of the on shall not be prior to the date the Contract is awarded,
END OF SECTION
OR
CITY OF FORT WORTH Street Rchabifitation(HMAC 2014-3)
STANDARD CONSTRUCTION SPECIFICATION DOCUMF,NTS Oty Project Na.02258
Revised July 1,2011 11
OR
0061 19-1
MAINTENANCE BOND
110 Page I of 3
and No..09 65568
SECTION 00 61 19
MAINTENANCE BOND
THE STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF TAR NT §
That we_ JLB ContrAqj!!gJjC ipal" herein and
_, kfiown as "Princ
Westfield Insurance Coninnny , a corporate surety(sureties, if more than one)
duly authorized to do business in the State of Texas, known as "Surety"herein (whether one or
more), are held and firmly bound unto the City of Fort Worth, a municipal corporation created
pursuant to the laws of the State of Texas,known as"City"herein, in the sum of One Million,
Four Hundred Fiftv-EiLyht Thousand,Five Hundred Forty-Seven Dollars and Thi!11:Four
Cents($1,458,547.34) lawful money of the United States,to be paid in Fort Worth, Tarrant
MM County,Texas,for payment of which sum well and truly be made unto the City and its
successors, we bind ourselves, our heirs, executors,administrators, successors and assigps,jointly
and severally,firmly by these presents.
WHEREAS,the f1rincipal has entered into a certain written contract with the City awarded
the 6'h day of May erred to and a made
_, 20 14 which Contract is hereby ref
part hereof for all purposes as if fully set forth herein,to furnish all materials, equipment labor
WWI and other accessories as defined by law, in the prosecution of the Work, including any Work
rest,ifting from a duly authorized Change Order(collectively herein,the "Work")as provided for
in said contract and designated as Street Rehabilitation( D4AC 20143). City Project No.
02258- and
WHEREAS, Principal binds itself to use such materials and to so constri,ict the Work in
accordance with the plans, specifications and Contract Documents that the Work is and will
remain free from de-fccts in materials or workmanship for and during the period of two(2)years
o after the date of Final Acceptance of the Work by the City("Maintenance Period"); and
WHEREAS,Principal binds itself to repair or reconstruct the Work in whole or in part
upon receiving notice from the City of the need thereof at any time within the Maintenance
Period,
CITY OF FORT WORTH Street Rehabilitation(HMAC 2014-3)
STANDARD CONS"MUCTION SPECIFICATION DOCUME"NTS City Project No.02258
Revised August 1 7,2012
PON
0061 19-2
MAINTF"NANCE BOND
Page 2 of 3
Bond No. 09.65568
NOW THEREFORE,the condition of this obligation is such that if Principal shall
remedy any defective Work, for which timely notice was provided by City,to a completion
satisfactory to the City,then this obligation shall become null and void; otherwise to remain in
full force and effect.
OR
PROVIDED,HOWEVER, if Principal shall fail so to repair or reconstruct any timely,
I'M noticed defective Work, it is agreed that the City may cause any and all such defective or to
be repaired and/or reconstnteted with all associated costs thereof being bome by the Principal and
9M the Surety under this Maintenance bond; and
gp)p PROVIDED FURTHER,that if any legal action be filed on this Bond, venue shall lie in
Tarrant County, Texas or the L)nited States District Court for the Northern District,of"rexas, Fort
Worth Division; and
g�jk
PROVIDED FURTHER,that this obligation shall be continuous in nature and
ON
successive recoveries may be had hereon for successive breaches.
MR
IF
AM
0)'Mpi
ygm
Dw
CITY OF FORT WORTH Street Rehabilitation(HMAC 2014-3)
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS C4 Project No.02258
0" Revised August 17,2012
00 61 19-3
MAKFENANCE BOND
Dy PaFe 3 of 3
Bond No. 0965568
Affln IN WITNESS WHEREOF,the Principal and the Surety have each SIGNED and SEALED this
instrument by duly authorized agents and officers on this the 14"' day of May_,20 14 .
PRINCIPAL:
JLB CON' RA(.",' 11t.1C
............
..............................................................
BY:
ATTEST:
Sam Davis
.............
(frinj1pal)Secretary" NaweOLgm
Address: RO, Box 24131
..........._... .......................................
j�qq.,)ygAjh,...Texas 76124
. 11........................
.................
W' e s as to rin.c pal
s
SURETY:
WESTFIELD NSUR. E COMPANY
. ... ......
BY:
Kyle W..5Lw e AI�L
gLn-y_ , orne -in-Fac
ATTEST. Name and Title
Address" 555jf gpitbliq Drive Suite 450
(Surety)Secretary Rjjjjq....,'Lqxas 750" 4.._...
u, Telephone Number: 972-516-2600
W7itness�s' o Surety I 11be khl
*Note: If signed by an officer oft e Surety Company, there must be on file a certified extract
401 from the by-laws showing that this person has authority to sign such obligation. If
Surety's physical address is different from its mailing address, both must be provided.
The date of the bond shall not be prior to the date the Contract is awarded.
CITY OF FORT WORTH Street Rehibihotion(HMAC 2014-3)
STANDARD CONSTRUCTION SPECIFICA'TiON DOCUMENTS City Pro.ject No.02258
Revised August 17,2012
AM IMPORTANT NOTICE AVISO IMPORTANTE
To obtain information or make a complaint: Para obtener informacion o para someter una
MR, qLjeja:
You may call Westfield Insurance Company's
and/or Ohio Farmers Insurance Company"s Use d puede Ilamar al numero de telefono gratis de
toll-free telephone number for information or to Westfield Insurance Company's / Ohio Farmers
make a complaint at: Insurance Company's para informacion o para
someter una queja al:
1-800-368-3597
1-800-368-3597
You may also write to Westfield Insurance
Company and/or Ohio Farmers Insurance Usted tambien puede escribir a Westfield Insurance
MAP Company at: Company I Ohio Farmers Insurance Company:
555 Republic Drive, Suite 450 555 Republic Drive, Suite 450
Piano, Texas 75074-8848 Piano, Texas 75074-8848
You may contact the Texas Department of Puede comunicarse con el Departamento de
Insurance to obtain information on Seguros de Texas para obtener informacion acerca
companies, coverages, rights or complaints de companias, coberturas, derechos o quejas al:
at:
1-800-252-3439
Rip
1-800-252-3439
Puede escribir al Departamento de Seguros de
You may write the Texas Department of Texas:
Insurance:
P. 0. Box 149104
P. 0. Box 149104 Austin, TX 78714-9104
Austin, TX 78714-9104 Fax: (512) 475-1771
Fax: (512) 475-1771 Web: httr)://www.tdi.state.tx.us di.state.tx.us
Web: http://www.tdi.state.tx.us E-mail: ConsumerProtectionatdi.state.tx.us
90 E-mail: ConsumerProtection btdi-state.tx.us
DISPUTAS SOBRE PRIMAS 0 RECLAMOS:
PREMIUM OR CLAIM DISPUTES: Si fiene una disputa concerniente a su prima o a un
qgpi Should you have a dispute concerning your reclamo, de be comunicarse con el agente o
premium or about a claim you should Westfield Insurance Company/Ohio Farmers
contact the agent or Westfield Insurance Insurance Company primero, Si no se resuelve la
00 Company and/or Ohio Farmers Insurance disputa, puede entonces comunicarse con el
Comapny first. If the dispute is not resolved, departamento (TDI).
you may contact the Texas Department of
Insurance. UNA ESTE AVISO A SU POLIZA: Este aviso es
solo para proposito de informacion y no se
ATTACH THIS NOTICE TO YOUR convierte en parte o condicion del documento
POLICY: This notice is for information only adjunto.
and does not become a part or condition of
the attached document.
410
RIM
THIS POWER OF ATTORNEY SUPERCEDES ANY PREVIOUS POWER BEARING THIS SAME
mY POWER#AND ISSUED PRIOR TO 04/20/11, FOR ANY PERSON OR PERSONS NAMED BELOW.
General POWER NO. 4220052 06
Power Westfield Insurance Co.
40 of Attorney Westfield National Insurance Co.
CERTIFIED COPY Ohio Farmers Insurance Co.
Westfield Center, Ohio
Know All Men by These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO
FARMERS INSURANCE COMPANY, corporations, hereinafter referred to Individually as a 'Company and ailItctively as 'Companies," duty
organized and existing under the laws of the State of Ohio, and having its principal office in Westfield Center, Medina County,Ohio, do by these
presents make,constitute and appoint
CHARLES D.SWEENEY, MICHAEL A. SWEENEY, KYLE W. SWEENEY, ELIZABETH GRAY, JOINTLY OR SEVERALLY
of FORT WORTH and State of TX its true and lawful Attorney(s)-i n.-Fart,with full power and authority hereby conferred in its Flame,
place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings, or other instruments or contracts of
suretyship- - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - -- -- - - - - - - - - - - -- - - - -
LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE
GUARANTEE,OR BANK DEPOSITORY BONDS.
and to bind any of the Companies thereby as fully and to the same extent as if such bonds were sign ed by the President,sealed with the corporate
seal of the applicable Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorneys)-in-Fact may do in
the premises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of each of the
WESTFIELD INSURANCE COMPANY,WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY:
'Be It Resolved,that the President,any Senior Executive,any Secretary or any Fidelity& Surety Operations Executive or other Executive shall
be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorneys)-in-Fact to represent and act for
and on behalf of the Company subject,to the following provisions:
The Attorney-in-Fact. may be given full power and authority for and in the name of and on behalf of the Company,to execute,acknowledge and
deliver,any and all bonds, recognizances, contracts, agreements of indemnity and other conditional or obligatory undertakings and any and all
notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such
Attorney-4n-Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary,'
'Be it Further Resolved,that the signature of any such designated person and the seal of the Company heretofore or hereafter affixed to any
power of attorney or any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signatures or facsimile
mr seat shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached.' (Each adopted at a meeting
held on February 8,2000)
In Witness Whereof,WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE
COMPANY have caused these presents to be signed by their Senior Executive and their corporate seals to be hereto affixed this 20th day of
APRIL A.D.,2011
Corporate
N WESTFIELD INSURANCE COMPANY
At/,
Seals . ......
WESTFIELD NATIONAL INSURANCE COMPANY
Affixed
--r OHIO FARMERS INSURANCE COMPANY
LMOO SU tn., SEAL
1848 *.*s
vv�
By-
State of Ohio Richard L. Kinnaird, Jr., National Surety Leader and
010 County of Medina ss.: Senior Executive
On this 20th day of APRIL A.D.,2011 before me personally came Richard L. Kinnaird, Jr. to me known, who, being by me duly
sworn, did depose and say,that he resides in Medina, Ohio;that he Is Senior Executive of WESTFIELD INSURANCE COMPANY,WESTFIELD
NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, the companies described in and which executed the above
Instrument',that he knows the seals of said Companies;that the seals affixed to said instrument are such corporate seals;that they were so affixed
by order of the Boards of Directors of said Companies;and that he signed his name thereto by like order.
Notarial
Seal n L
wil Affixed
0 AY-
.
Ir
William J. Kahelin,A rney at Law, Notary Public
State of Ohiop y Commission Does Not Expire(Sec. 147.03 Ohio Revised Code)
County of Medina ss.:
hY I,Frank A.Carrino, Secretary of WESTFIELD INSURANCE COMPANY,WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS
INSURANCE COMPANY, do hereby.certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said
Companies,which is still In full for and eff ect;and furthermore,the resolutions of the Boards of Directors, set out in the Power of Attorney are
In full force and eff ect.
Lfl In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Westfield Center, Ohio, this 14t'day of
A D
M 0
ay 2 14
'% %0NAk
%�
L:
4A. . X�� "4 t", Sectwary
SS. 1848 .447e S
Frank A. Carrino, Secrefwy
101
BPOAC2 (combined) (06-02)
A R " CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD )
5/14/2014
OR THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT
NAME:
�T The Sweeney Company PHONE (817)457.-5700 4C NG:(S1a)as7-7za6
1121 E. Loop 820 South E-MAIL s:
O Box 8720 INSURERS AFFORDING COVERAGE NAIC q
�..�.........._..._... _ 1?_ _......._.._...._._
Fort Worth TX 70124-0720 INSURER Bituminous Fire & Marine
INSURED ......._. ..... ..._._... ......._...
INSURERB.Bituminous Casualty Corp
JIB Contracting, LLC INSURERC.Great American Ins Co (Cas HkQ
O Box 24131 INSURERD:
_�®_....... _ ............
_..
INSURER E:
Fart Worth TX 76124 INSURER F:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
R INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PER'T'AIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE "PERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.I...IMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. _
INSR TYPE OF INSURANCE POLICY NUMBER POLICY POLICY YYY LIMITS
LTR
alh+T.. GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000
�
JFtM1W�SZ_R_'R 100,000
X COMMERCIAL.UENP::RAI.I IABII..IT"Y PRE�RISES 4Fa r�gLA rrerce $ _®..._
_._
CLAIMS-MADE X OCCUR CLP 3 592 965 9/30/2013 /30/2014 MED EXP(Any one person) $ 5,000
.n
g{ _ RA.CTYlAI. PERSONAL&ADV INJURY $ 1,000,000
X XCU GENERAL AGGREGATE $ 2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS COMPIOP AGO $ 2,000,000
POLICY X PRO LOC $
MINI AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
(Ea accident) _ $ 11000,000
X ANY AUTO BODILY INJURY(Per on) It
ALLO°WNED SCHEDULED `AP 3 592 999 9/30/2013 9/30/2014 BODILY INJURY(Per accident) $
AUTOS AUTOS
N-O ED PROPER"TY DAMAGE
1j" HIRED AUTOS AUTOS .LEcLr acgdent)
Underinsured motorist $
UMBRELLA LIAR X UR EACH OCCURRENCE $ 5,000,000
C EXCESS uae
�.. CLAIMS-MADE AGGREGATE �....� $ 5,000,000
TT DED X RETENTION$ 10,00C TUD 0015409 04 9/30/2013 9/30/2014 $
TI
B WORKERS COMPENSAON X WC:STATU- O R
AND EMPLOYERS°LIABILI7Y YIN
ANY PROPRIETORrPARTNERIEXECUTIVE N C A E.L.EACH ACCIDENT $ 11000,000
OFFICER!MEMBER EXCLUDED? C 3 592 996 9/30/2013 9/30/2014 E..L.DISEASE•EA EMPLCIYE $ Y 000,000
(Mandatory in NH) r
It es,describe under m
DESCRIPTION OF OPERATIONS below .._~_ _�. E.L.DISEASE-POLICY LIMIT $ 1 000,000
r
DESCRIPTION OF OPERATIONS I LOCATIONS f VEHICLES (Attach ACORD 101,Additional Remarks Schedule,If mom apace Is required)
STREET REHABILITATION (H MAC 2014-3) , CITY PROJECT NO. 02258. ALL POLICIES INCLUDE A BLANKET AUTOMATIC
WAIVER OF SUBROGATION ENDORSEMENT & THE GL, AUTO & UMB POLICIES INCLUDE A BLANKET AUTOMATIC ADDITIONAL
gM INSURED ENDORSEMENT PROVIDING ADDITIONAL INSURED & WAIVER OF SUBROGATION STATUS TO THE CERTIFICATE HOLDER
ONLY WHEN THERE IS A WRITTEN CONTRACT BETWEEN THE NAMED INSURED & THE CERTIFICATE HOLDER THAT REQUIRES
SUCH STATUS, THE GL ADDITIO14AL INSURED ENDORSEMENT CONTAINS SPECIAL PRIMARY & NONCONTRIBUTORY WORDING.
THE POLICIES INCLUDE AN ENDORSEMENT PROVIDING 30 DAYS NOTICE OF CANCELLATION (10 FOR NON—PAY OF PREMIUM)
0" TO THE CERTIFICATE HOLDER.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
100 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
CITY OF FORT WORTH
1000 THROCKHORTON ST
WORTH, TX 76102 AUTHORIZED REPRESENTATIVE
LrO�
Charles Sweeney/JOYCE ?
ACORD 25(2010/05) 07 1 988-201 0 ACORD CORPORATION. All rights reserved.
TAB INS025 r7ninn-o n4 Tho ARr1Rll nmma nnei bane%mrn ranic4®rae6 mmrlrc of Ar'rIPIll